1 25 21 https://sleepyhollow.localarchives.org/files/original/3f974e8ccddd6703334ad6d110d31071.pdf 4b3d7de41bb6e11fa7c4cd83b68185e7 PDF Text Text Village of Sleepy Hollow Planning Board Minutes December 17, 2020 The regular meeting was held via Zoom webinar and called to order at 7:00 PM by Chairperson Marjorie Hsu. Residents could not attend in person due to the COVID- 19 pandemic, but could participate by phone and video conferencing. The Board and the applicants participated by videoconferencing. Present: Marjorie Hsu, Chairperson Erin Carney Kersten Harries Tom Andruss Ed McCarthy Lindsay Krakauer Also Present: Clinton Smith, Village Attorney Allegra Beals, Consulting Attorney David Smith, Village Planner James Natarelli, Village Engineer Anthony Catalano, Consulting Engineer Sean McCarthy, Village Architect Absent: Matthew Brennan Pamela Kroll, Secretary to the Planning Board Agenda: 1) GTY NY Leasing Inc., 215 North Broadway, Amended site plan- Continued public hearing, pending ZBA approval 2) Ivan and Sonia Vukusic, 143 Webber Avenue, Subdivision, preliminary plat Continued public hearing, pending ZBA approval 3) Stephens and Kent House LLC, National Trust for Historic Preservation, County House Road and Bedford Road, Subdivision, final plat- Presentation 4) Hudson Valley Writers Center, Inc., Philipse Manor Railroad Station, 300 Riverside Drive, Subdivision, final plat- Presentation 5) Connor and Elizabeth Ginley, 5 Evergreen Way, Single family residence- Preliminary presentation 6) Sleepy Hollow Associates, LLC, 45-49 Beekman Avenue, Change of use- Public hearing, pending ZBA approval 7) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase III, preliminary subdivision plat and Block O/P partial site plan approval- Draft resolution, pending ZBA approval 1 (12/17/20) �8) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Block-A proposed retail space, site plan approval - Public hearing 9) Approval of minutes - October 22, 2020, November 19, 2020 Chairperson Hsu read the following statement: Tonight's meeting and work session is being convened in accordance with the Governor's Executive Order Number 202.1 issued March 13, 2020 which suspends certain provisions of the New York State Open Meetings Law to allow a municipal board to convene a meeting via videoconferencing. In accordance with the Executive order, the public has been provided with the ability to view tonight's meeting and a transcript will be provided at a later date. I have also confirmed with our Village Clerk that this meeting has been duly noticed by posting a notice on the Villages' bulletin boards, faxing a copy to the Warner Library, faxing a copy to the Journal News and the Hudson Independent newspapers, posting a copy on the Village's website, and listing it on the Villages' Facebook page. Chairperson Hsu polled the Board members for attendance. Chairperson Hsu read the agenda. 1. GTY NY Leasing Inc. 215 North Broadway, Amended site plan - Continued public hearing, Pending ZBA approval Motion was made to open the public hearing. Moved: Chairperson Hsu Seconded: Harries Vote 6-0 Chairperson Hsu solicited comments from the public. There were no comments from the public. Chairperson Hsu stated that the applicant has not submitted an application to the Zoning Board of Appeals and not available to speak on their behalf. Motion was made to adjourn the public hearing to the January 21, 2020 meeting and to direct the Building Department to send a letter to the applicant advising them to submit a ZBA application by the January 15, 2021 deadline to avoid dismissal of the Planning Board application. Moved: Chairperson Hsu Seconded: Harries Vote 6-0 2. Ivan and Sonia Vukusic, 143 Webber Avenue, Subdivision, preliminary platcontinued public hearing, pending ZBA approval Motion was made to open the public hearing. Moved: Chairperson Hsu Seconded: Krakauer Vote 6-0 Chairperson Hsu solicited comments from the public. There were no comments from the public. 2 (12/17/20) �Chairperson Hsu stated that the applicant has not submitted an application to the Zoning Board of Appeals and not available to speak on their behalf. Chairperson Hsu asked James Natarelli if he has spoken with the applicants engineers. James Natarelli stated that they are waiting for the soil scientists to complete the wetlands studies. Mr. Natarelli stated that he has reviewed revised drainage drawings and that they are sufficient to move forward with the next step of the subdivision application. Motion was made to adjourn the public hearing to the January 21, 2020 meeting. Moved: Chairperson Hsu Seconded: McCarthy Vote 6-0 3. Stephens and Kent House LLC, National Trust for Historic Preservation, County House Road and Bedford Road, Final subdivision plat approval- Presentation Chairperson Hsu stated that a request for adjournment was received from the applicant's attorney. 4. Hudson Valley Writers Center, Inc., Philipse Manor Railroad Station, 300 Riverside Drive, Subdivision, final plat- Presentation Kristin Pelatti is an associate from MarksDiPalermo representing the applicant. Ms. Pelatti stated that they are requesting the re-approval of the subdivision that was approved in 1995 because the subdivision plat was not properly filed with Westchester County. There are minor lot line adjustments based on the negotiations between the Writers Center and the MTA ("Metropolitan Transportation Authority"). The Writers Center Inc. acquired the property in 1993 from Penn Central and is subject to a 275 year lease held by the MTA. The MTA has agreed to quitclaim its interest in the property and give full interest to 300 Riverside Drive. They are working with Ward Carpenter Engineers, Inc. to develop the final subdivision plat. Ms. Pelatti requested that the Planning Board approve the subdivision with a condition that the subdivision plat will be submitted. Chairperson Hsu solicited guidance from Clinton Smith. Clinton Smith asked Kristin Pelatti if the final subdivision plat would be submitted before the January 21, 2020 meeting. Mr. Smith asked Ms. Pelatti to describe the minor revisions proposed on the subdivision plat. Donald Stever is the Chairman of the Board of Directors for the Hudson Valley Writers Center, Inc. Mr. Stever stated that minor adjustments will be made to the subdivision plat to move the boundary lines that are along the MTA pedestrian platforms and stairs. The long term lease with the MTA expires on December 31, 2020. After December 31, 2020, the Writers Center will incur rent penalties as a holdover tenant. 3 (12/17/20) �David Smith stated that if the final subdivision plat is in conformance with the preliminary plat, a public hearing isn't required and the Planning Board can adopt the final plat by resolution. Clinton Smith stated that the application cannot be approved at this meeting and must be adjourned until the receipt of the final subdivision plat. Chairperson Hsu asked the applicant when it was determined that the final subdivision plat had not been filed with Westchester County and why the application was not submitted until recently. Donald Stever stated that it was determined last fall that the subdivision plat had not been properly filed with Westchester County and that negotiations have been ongoing with the MTA to get a deal in place. Motion was made to adjourn the application to the January 21, 2020 meeting and to prepare a draft resolution pending the receipt and approval of the final subdivision plat. Moved: Chairperson Hsu Seconded: Harries Vote 6-0 5. Conner and Elizabeth Ginley, 5 Evergreen Way, Single family residence Preliminary presentation Ralph Mastromonaco is the Engineer representing the applicant. Mr. Mastromonaco stated they the application proposes to construct a four bedroom house that is zoning compliant. There are some trees that are proposed for removal. They have received comments from James Natarelli and the comments regarding the proposed landscape plan. Mr. Mastromonaco stated that Connor Ginley is concerned that the existing trees in the backyard will pose a threat to the proposed home. Chairperson Hsu asked for details on reasoning for the removal of the mature trees. Ralph Mastromonaco stated that the existing trees are uphill from the proposed house and some of the trees will need to be removed in order to create the rear yard. The trees are above the elevation of the proposed house and would fall towards the house. Chairperson Hsu suggested that the applicant contract an arborist to review the conditions of the trees. Ralph Mastromonco stated that he will take a closer look at the trees proposed for removal. James Natarelli stated that the drainage system appears to look good. Test pits should be completed and witnessed by the Village prior to Building Permits being issued and this should be included as a condition on a future resolution. Mr. Natarelli stated he is confident that his other comments can be addressed by the applicant before the next meeting. Kersten Harries suggested that the applicant submit an application to the Tree Commission for the proposed tree removals. Ms. Harries stated that her concerns are related specifically to the (5) trees in the back yard that include large oak trees. 4 (12/17/20) �Motion was made to schedule a public hearing for the January 21, 2021 meeting. Moved: Harries Seconded: Andruss Vote 6-0 6. Sleepy Hollow Associates, LLC, 45-49 Beekman Avenue, Change of Use- Public hearing, Pending ZBA approval Kyle McGovern is an attorney from the law firm of Lyons McGovern LLP representing the applicant. Mr. McGovern stated that they received a unanimous approval for the requested variances from the Zoning Board of Appeals. The variance for the required landscape buffer was approved with a condition that requires the applicant to work with the Building Department on the installation of fencing along the rear of the parking lot adjacent to the neighboring multifamily residence. David Mooney is the architect representing the applicant. Mr. Mooney stated that they propose to clean out the four drainage structures that have been identified on the site. They intend to investigate how the drainage structures are designed to work and to find the best solution for increasing the viability of the systems. Mr. Mooney stated that there are four existing pole lighting structures on the sites and that they plan to replace the existing fixtures with LED lumineers. The recycling refuse area location is proposed to enable tenants to drop off their recycling ahead of time in a location near the sidewalk where it is picked up. Sidewalk repairs are planned for North Washington Street where the access to the new residential apartments will be created. Chairperson Hsu stated that comments were received from the Planning Board members during the work session and asked Kyle McGovern if he wanted to provide responses. Kyle McGovern stated that the Westchester County Planning Board's referral review mentioned the desire for affordable housing. This project is proposed for market value rate rentals and affordable housing rents is not intended for this business plan. Chairperson Hsu asked for a rental cost range for the units. Philip Adler is the owner of Sleepy Hollow Associates LLC and stated that he estimates the rental costs ranging from $1,700.00 to $2,700.00 per month and that he is not absolutely sure what the finishes will be but that they are targeting an affordable housing market rate not a luxury market rate. They do not want to be subject to rent regulations. Erin Carney asked if bicycle parking areas will be provided for the tenants. David Mooney stated that the basement storage areas in 47 and 49 Beekman Avenue are intended for tenant bicycle storage and will be accessible from the parking lot. Erin Carney suggested that the applicant work with the Village to tie in with the complete sustainable streets policy in relation to the streetscape improvements on Beekman Avenue. Ms. 5 (12/17/20) �Carney also suggested that the applicant investigate sustainable or green infrastructure features that might help reduce stormwater runoff. James Natarelli asked David Mooney when they anticipate to complete the investigations of the onsite drainage. David Mooney stated that hope to get a crew out after the first of the new year. Philip Adler stated that he is actively working to contract the removal of the organic debris and the full cleaning of the drains. James Natarelli stated that it would be helpful to see where the drains connect to and where they go. David Smith suggested that the applicant add tree wells along North Washington Street when the sidewalk improvements are being completed as part of the Village complete streets policy. David Mooney stated that they will work with the Sean McCarthy to coordinate the improvements on North Washington Street with the improvements planned for Beekman Avenue. Chairperson Hsu asked the applicant if they have reviewed the Village's complete street policy. David Mooney stated that he will reach out to Sean McCarthy to get a copy of the policy. Sean McCarthy stated that he will forward the Village complete street policy to David Mooney. Chairperson Hsu asked Sean McCarthy if he is comfortable moving forward with a resolution and if the outstanding items can be resolved with the Building Department and James Natarelli. Sean McCarthy stated that enough information has been presented for the Planning Board to direct that a draft resolution be prepared for the January meeting. This would give the applicant time to answer the outstanding questions and prepare the required documentation. Chairperson Hsu directed David Smith to prepare a draft resolution for the January 21, 2020 meeting. Motion was made to close public hearing. Moved: Chairperson Hsu Seconded: Andruss Vote 6-0 7. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase III, preliminary subdivision plat and Block O/P partial site plan approval - Draft resolution, pending ZBA approval 6 (12/17/20) �Andrew Tung is an associate with Divney Tung Schwalbe LLP representing the applicant. Mr. Tung stated that the variance to increase the height for the first three units closest to Legend Drive was approved by the Zoning Board of Appeals. Mark P. Weingarten, Esq. is a partner in the law firm of Delbello Weingarten Wise & Wiederkehr, LLP representing the applicant. Mr. Weingarten stated that there are requirement items on the draft resolution that they are not sure they can comply with. Mr. Weingarten read Chapter 450-17 of the Zoning Code for the Riverfront Development District and stated that that is was specifically discussed that the entire project would be looked at as one land area even knowing that eventually it would be subdivided. There are no legal requirement for setbacks between the particular blocks. The resolution seems to suggest that the plan is not compliant with the side and rear setback requirements and is more restrictive than what was required for BlockJ. Mr. Weingarten requested an explanation for the purpose of the requirements related to the rear and side setbacks. Mr. Weingarten stated that they may already be in compliance with the front yard setbacks. Chairperson Hsu stated that the Planning Board would like to see more delineation between the architectural features and the treatments of the fa9ades for the townhome units. Sean McCarthy stated that the proposed front and side yard setbacks are within a foot of what was approved for Block-J. The distance that is recommended between the townhome units is equal to or more than what currently exists and the applicant will not have a problem being in compliance. The purpose of the setback requirements is to provide enough space in the front and side yards to have the townhouses comply with what has been proposed in the Design Guidelines and the "Kit of Parts" so that the proper landscaped areas, patios, sidewalks, and the amenities that have been described in past documents can be accomplished. Peter Chavkin is the Managing Partner of Biddle Real Estate Ventures and questioned if the spaces are consistent with what has been completed in Block-J or are they intended to be more restrictive. Sean McCarthy stated that requirements are not more restrictive and it is not intended to establish setbacks as stated by Mark Weingarten. It is understood that the whole project is not subject to the bulk requirements but in moving forward with Block O/P, they were asked to analyze what has been completed in Block-J and to either specify the requirements or suggest modifications. The purpose of the setback requirements outlined in the resolution is to ensure consistency with plans moving forward. Peter Chavkin stated that they have concerns that the current site plan does not comply with some of the setback regulations. Mark Weingarten stated that they have no issues with the articulation of the front fa9ades and they agree to comply. They have no way of determining if they will be compliant with the condition requirements for the roof pergolas because it was never understood to be requirement and not calculated. 7 (12/17/20) �David Smith stated that the purpose of the condition requirements in the resolution is to allow the Planning Board to have a more active role in the design of the units and how they will relate to the public realm. Mark Weingarten stated that their goal was to expedite the approval of the twenty townhome units to take advantage of the current market conditions. Mr. Weingarten requested that the Planning Board delay the requirement discussions to the future units so that a resolution can be approved for the current application. Kersten Harries suggested that expediting the approval for the twenty units can also include that the applicant would be required to submit the designs for the architectural and fa9ade details for Planning Board approval. James FitzPatrick is the Division President of the New York Region for Toll Brothers Inc. and stated that what seems like minor modifications to a plan could result in the complete redesign of the townhomes. They are seeking to continue the momentum by utilizing the plans developed for the Block-J townhomes with some minor aesthetic changes to the exterior facades. This will allow them to have a model home to demonstrate and sell the twenty units efficiently. Chairperson Hsu asked James FitzPatrick if the required setbacks would cause the redesign of the townhome units. James FitzPatrick stated that the conditions required for the percentages of the enclosed/roof areas from the fourth floor to the floor below may require a redesign of the fourth floor and he is unable to confirm roof pergolas comply with the requirements on the draft resolution. Chairperson Hsu stated that the applicant team should take more time to compare the conditions on the draft resolution with their site plan. James FitzPatrick questioned if the specific metrics were included in the resolution because the Board is unhappy with what has already been constructed or are they arbitrary thresholds that were just established. If the conditions were inserted to ensure the consistency with what has been done, they are comfortable. Mark Weingarten suggested that the conditions remain on the resolution with an added condition that states that the applicant will utilize their best efforts to comply with the requirements for the proposed twenty units and then come back to the Architectural Review Board to show where they were able to comply and or provide explanations where conditions could not be met. Chairperson Hsu suggested that the applicant review the plans to determine if they are in compliance with the required conditions. Peter Chavkin stated that they are open to the spirit of the new language added to the resolution and they have no objection to the Planning Board wanting to play a bigger role in overseeing how the "Kit of Parts" gets implemented in their capacity as the Architectural Review Board. They embrace the conditions related to the mirrored facades and the architectural delineation 8 (12/17/20) �between the units. The issues related to the percentages and distance requirements are in conflict with the proposed site plan and what has been approved across the street. The timing of this approval is important to keep the sales momentum moving and to have a product to sell. Toll Brothers can't prepare or submit a condominium offer plan to the New York State Attorney General's Office until a site plan is approved. If the approval is delayed another month Toll Brothers Inc. may run out of units to sell. Kersten Harries asked James FitzPatrick if the conditions related to the fourth floor enclosure percentages and the roof pergolas are an issue because they are not consistent with what has already been built in Block-J. James FitzPatrick stated that Block-J may not have been consistent with those conditions and the issues related to the location of the meters at the front of the townhome. David Smith asked if approved site plan for the twenty units excluding the ARB components of the resolution would allow them to submit their offering plan to the Attorney Generals' Office. Mark Weingarten stated that the offering plan must reflect the floor plan. James FitzPatrick stated that without submitting a structural offering plan consistent with Phase I, they could potentially loose three to four months. David Smith stated that the variations in the building height and the fa9ades that were described in the initial application are not demonstrated in the plans. The Planning Board acting as the ARB has criteria that has to be addressed. Chairperson Hsu stated that it appears that the "Kit of Parts" is predetermined for the proposed twenty units and that the buyer will not have options. Peter Chavkin stated that the "Kit of Parts" options that will be offered to the buyer are preengineered structural options and have already been configured into the building construction elements. James FitzPatrick summarized the "Kit of Parts" layout options available to buyer and how they affect the building facades without changing the overall footprint of the structure. Chairperson Hsu asked James FitzPatrick why Con Edison requires that the meters and mechanical systems be located in the front of the units. James FitzPatrick stated that due to the dimension and configuration of the homes, Con-Edison requires certain off-set distances between the gas and electric meters locations and residence openings. To date, they have not lost a sale of a unit because of the location of the meters and they are not overwhelmingly visible in comparison to the massing of the buildings. Chairperson Hsu solicited comments from Sean McCarthy on alternative solutions for the locations of the meters. 9 (12/17/20) �Sean McCarthy stated Con-Edison's requirements for the separations and clearances of the utility meters from openings limits the opportunities for the location of the meters. Toll Brothers Inc. has worked with the Village to move and lower meters to lessen the visual impact and has installed the meters on the sides of the end units. Andrew Tung stated the proposed Block OP site plans do not meet the requirements of condition numbers 7, 8, or 9 related to the setbacks. The proposed Block O/P buildings are similar to Block-J and are set back 5.0 feet from the back of the public sidewalk. The side yard for end units is approximately 5.0 feet. The distance between adjacent end units is 10.0 feet. Chairperson Hsu solicited comments from Sean McCarthy. Sean McCarthy stated that when he verifies the setbacks for Block-J with the as-built surveys recently received, the setbacks on the existing survey shows Legend Drive is 5.89 feet and it is requested to be at 7.0 feet. The distance between the buildings 1-6 and 6-11 is over 15.0 feet. The cornet setback at Horseman Drive is almost 7.0 feet. The conditions included in the draft resolution were intended to set guidance moving forward. As an example the 5.89 feet setback at Legend Drive does not allow for the amenity space in the front of unit as it was depicted as an opportunity for a patio or a landscaped area. James FitzPatrick stated that is was determined in 2018 that the units along Legend Drive, Palisades Blvd., and the Washington Wall that would not be able to accommodate patios because of the setbacks and grade elevation conditions. Andrew Tung agreed that the minimum grade for the townhomes was 3.0 feet higher than the street grade in that area which was set based on the overall drainage. They were able to raise the grade at the interior drive units. Mr. Tung stated that he doesn't doubt that the measurements sited by Sean McCarthy, but that the spacing around Block-J is not consistent between all of the units. The spacing along Legend Drive may be 15.0 feet and the spacing along Palisades is 10.0 feet. Sean McCarthy stated that Andrew Tung is probably correct and that he referenced a survey he had available. Chairperson Hsu solicited comments from Sean McCarthy regarding the roof pergolas. Sean McCarthy stated that calculations are based on the proposed application compared with asbuilt surveys. Mr. McCarthy stated the resolution condition number 5 is intended to establish a limitation so that the entire fourth floor will not become enclosed and provide a minimal outdoor space. The 70% limitation is reflected off a typical 20 x 42 size townhouse where there is currently a 10-12 foot minimum size outdoor space. The conditions for the roof pergolas coincide with the loft area coverage and it was determined that the typical pergola on the proposed plans is not open. The pergolas that were built in Block-J are mechanical and can be opened or closed. The condition reflects that typical construction of an open pergola and provides limitation for enclosed space. Mr. McCarthy stated that Toll Brothers has made 10 (12/17/20) �modifications to improve the locations and the screening of the air conditioning compressors that reduce the visibility and noise for residents. Chairperson Hsu stated that although they want to support the continuation of the sales momentum, the Board feels that adding the language to the resolution will set specific guidance so that the future townhomes will be better than what was built in Block-J. Chairperson Hsu asked James FitzPatrick to provide an overview of the sales to date. James FitzPatrick shared an illustration and provided a summary of the units that have been sold, are in contract for sale, units that are still available, and units that are under construction. Chairperson Hsu suggested that Edge-on-Hudson Toll Brothers provide the updated sales information and milestone trigger timelines to the Planning Board and the Board of Trustees. Sandra Spiro is a member of the Board of Trustees and questioned what if they envision now will be alignment with the timing they are asking for. Chairperson Hsu stated that the Board is not intentionally stalling the progress of the application. The Planning Board would like to have input on the architectural aspects of the buildings. The applicant requires time to review the requirements of the draft resolution. Mark Weingarten requested that approval be given tonight with an amendment to the resolution stating that the applicant will give their best efforts to comply with the requirements for the proposed twenty units and then come back to the Architectural Review Board to show where they were able to comply and or provide explanations where conditions could not be met. They would happy to present progress updates on the milestones to the Village Board and the Planning Board but that it does not impact this application going forward. Sandra Spiro questioned if the two could be aligned at the same time or if one can proceed without the other. The applicant has been keeping the Board of Trustees up to date. Ms. Spiro stated that what Chairperson Hsu is asking is how all the things are connected and that if the Village Board is paying attention and if it is something the applicant wants to put in place before making a final decision. Mark Weingarten asked if the milestones refer to the payments that are required per units that obtain Certificates of Occupancy. Chairperson Hsu stated that she is referring to the payments to the Village. Mark Weingarten stated that they are current in their payments to the Village and happy to provide an updated memo to the both Boards and they are not near the number yet. Chairperson Hsu stated there are concerns about reaching the numbers and that with the residential units being eliminated from Block-A there will be delays getting to the next milestone. 11 (12/17/20) �Chairperson Hsu solicited comments from Clinton Smith. Clinton Smith stated that the Board is imposing conditions that were not material until today and the applicant is requesting an approved resolution as quickly as possible. Mr. Smith stated that he doesn't see Mr. Weingarten's request problematic but that he doesn't know if the Planning Board wishes to impose standards to control the development as opposed to guiding the development. The current resolution would impose standards that would structure the development. Chairperson Hsu stated that her preference is for the applicant to study the requirements that were included on the resolution and present for approval at the January 21, 2021 meeting. Chairperson Hsu stated that she will work with the Board of Trustees to meet with the applicant to review the overall Block O/P and the proposed changes to Block-A as it relates to the Riverfront Design Concept Plan and the milestones that would trigger payments to the Village. David Smith stated that the Board has scheduled additional meetings in the past for the Edge-onHudson projects. Chairperson Hsu directed the Building Department to schedule a special meeting on Thursday, January 7, 2021 for the Block O/P application. Sandra Spiro stated that she will schedule a work session with the Board of Trustees prior to the January 7, 2021 Planning Board meeting. Mark Weingarten stated that the applicant will prepare responses to the conditions on the draft resolution for the January 7, 2021 meeting. Clinton Smith questioned if the applicant has concerns regarding the sixty day time limit for the approval of the resolution. Mark Weingarten stated that the applicant is not concerned with the time constrictions for the approval of the resolution. 8. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Block-A proposed retail space, Site plan approval- Public hearing Motion was made to open the public hearing. Moved: Chairperson Hsu Seconded: Krakauer Vote 6-0 Andrew Tung is an associate with Divney Tung Schwalbe LLP representing the applicant. Mr. Tung provided a summary of the application. Mr. Tung stated that they submitted a supplemental submission to address the engineering concerns received from Woodard & Curran. The revisions include a stairway along Beekman Avenue opposite Hudson Street to provide access to the DeCicco's parking lot level for entry to the retail spaces. Bicycle racks have been added under the covered pass way. Landscaping has been added within and surrounding the parking area to complement the streetscape. Additional comments have been received since their 12 (12/17/20) �last submission from Woodard & Curran and David Smith. They are working on addressing the comments that will be submitted for the next meeting. Updates have been made to the architectural and perspective drawings. Lucio DiLeo is the Principle of Studio Rai, representing the DeCicco & Sons Market. Mr. DiLeo shared renderings of the proposed buildings from different perspective views from the site including the locations of the stairway and bicycle racks. Mr. DiLeo stated that further detailed renderings will be ready for submission at the next meeting. Peter Chavkin stated that the renderings do not depict the full detail of the site plans. Chairperson Hsu stated that she appreciates that the applicant has incorporated the Board's comments into the plans. Erin Carney suggested that additional bicycle racks be included for the employees of the retail spaces. Lucio DiLeo stated that Andrew Tung is researching the opportunities to add additional bicycle racks on the site. Chairperson Hsu solicited comments from Woodard & Curran. Anthony Catalano is the consulting engineer from Woodard & Curran and stated that they have been coordinating with the applicants engineer to address their concerns related to stormwater capacity, utility information, the sanitary sewer report, and additional information on the water demands. Chairperson Hsu questioned where the applicant will make up for the residential units originally proposed in Block-A as part of the Riverfront Concept Development Plan. Peter Chavkin stated that the rental units that were originally contemplated in Block-A were redistributed with increases in the unit counts for the 188 rental units in Block-I and the 246 rental units in Block-F. Chairsperson Hsu stated that if the 123 apartments units were made up in part in Block-I and Block-F, how will they reallocate for the condominiums originally proposed in Block-A. Peter Chavkin stated that he doesn't recall there being condominiums originally proposed in Block-A. Every block has varied from the original RDCP. They will prepare a detailed comparison for the next meeting to detail where unit counts have been reallocated. Chairperson Hsu agreed that the applicant should prepare the comparison of the differences between the RDCP and what has been built and proposed so that it may be reviewed by the Planning Board and the Board of Trustees. Chairperson Hsu asked if there are any updates for possible tenants for the other Block-A retail spaces. 13 (12/17/20) �Peter Chavkin stated that the tenants for the other retail spaces are still pending. Clinton Smith asked Peter Chavkin is DeCicco's is planning on purchasing the north retail building. Peter Chavkin stated that DeCicco's will own the market retail building and the pharmacy. Lighthouse Landing Communities will own the second half of the market retail building and the north retail building. Clinton Smith stated that they will need to submit an application for a subdivision. Peter Chavkin stated that Clinton Smith is correct and that they will submit a subdivision plan. Mark Weingarten stated that there will be a separation of ownership required but that it may be in the form of a commercial condo and not require a subdivision approval. Chairperson Hsu questioned when the applicant could clarify the form of the other retail spaces. Peter Chavkin stated that they commit to having a decision by the regular scheduled January meeting. Chairperson Hsu solicited comments from the public. There were no comments from the public. Motion was made to adjourn the public hearing to the January 21, 2021 meeting. Moved: Chairperson Hsu Seconded: McCarthy Vote 6-0 Tom Andruss questioned when the jitney will be in service based on the condition of the 100th Certificate of Occupancy being granted. Sean McCarthy stated that he estimates it will be another year before the 100th Certificate of Occupancy will be issued. Nine Certificates of Occupancy have been issued to date. Each individual townhome, condominium unit, and apartment unit will receive a Certificate of Occupancy. Tom Andruss questioned where the drop off and pick up for the jitney services will be commissioned for Block-A. Chairperson Hsu agreed that the jitney route is a good subject for the Board of Trustees to discuss. Eric Carney suggested that the designs be considered for the jitney services route locations. 9. Approval of minutes- October 22, 2020, November 19, 2020 14 (12/17/20) �Motion was made to approve the October 22, 2020 minutes. Moved: Harries Seconded: Carney Chairperson Hsu - yes Kersten Harries - yes Lindsay Krakauer - abstained Erin Carney - yes Tom Andruss - yes Ed McCarthy - yes Vote 5-0-1 APPROVED Motion was made to approve the November 19, 2020 minutes as amended. Moved: Chairperson Hsu Seconded: Andruss Chairperson Hsu - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Tom Andruss - yes Ed McCarthy - yes Vote 6-0 APPROVED Motion was made to adjourn the meeting at 9:55 PM. Moved: Chairperson Hsu Seconded: Krakauer Respectfully submitted, Pa*rLoAz< /^SL&M Pamela Kroll Secretary to the Planning Board 15 (12/17/20) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-2020 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_2020-12-17 Subject The topic of the resource Planning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/d5ce5695646622a9b0d36d671073ba3b.pdf 19214a1aac3d21e67f7db8f755571426 PDF Text Text Village of Sleepy Hollow Planning Board Minutes November 19, 2020 The regular meeting was held via Zoom webinar and called to order at 7:00 PM by Chairperson Marjorie Hsu. Residents could not attend in person due to the COVID- 19 pandemic, but could participate by phone and video conferencing. The Board and the applicants participated by videoconferencing. Present: Marjorie Hsu, Chairperson Erin Carney Kersten Harries Matthew Brennan Tom Andruss Ed McCarthy Lindsay Krakauer Also Present: Clinton Smith, Village Attorney David Smith, Village Planner James Natarelli, Village Engineer Anthony Catalano, Consulting Engineer Sean McCarthy, Village Architect Absent: Pamela Kroll, Secretary to the Planning Board Agenda: 1) Jonathan Villani, 30 Andrews Lane, Proposed townhome development- Draft resolution 2) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase III, preliminary subdivision plat and Block- O/P partial site plan approval- Continued public hearing 3) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Block-A proposed retail space, site plan approval - Preliminary presentation 4) Sleepy Hollow Associates, LLC, 45-49 Beekman Avenue, Change of use - Preliminary presentation 5) GTY NY Leasing Inc., 215 North Broadway, Amended site plan- Continued public hearing, pending ZBA approval 6) Ivan and Sonia Vukusic, 143 Webber Avenue, Proposed subdivision, preliminary plat Continued public hearing, pending ZBA approval 7) Approval of minutes - October 22, 2020 Chairperson Hsu read the following statement: 1 (11/19/20) �Tonight's meeting and work session is being convened in accordance with the Governor's Executive Order Number 202.1 issued March 13, 2020 which suspends certain provisions of the New York State Open Meetings Law to allow a municipal board to convene a meeting via videoconferencing. In accordance with the Executive order, the public has been provided with the ability to view tonight's meeting and a transcript will be provided at a later date. I have also confirmed with our Village Clerk that this meeting has been duly noticed by posting a notice on the Villages' bulletin boards, faxing a copy to the Warner Library, faxing a copy to the Journal News and the Hudson Independent newspapers, posting a copy on the Village's website, and listing it on the Villages' Facebook page. Chairperson Hsu polled the Board members for attendance. Chairperson Hsu read the agenda. 1. Jonathan Villani, 30 Andrews Lane, Proposed townhome development -Draft resolution Jonathan Villani is the Design Consultant from Annuziata & Villani Design Consultants, Inc. representing the owner of 30 Andrews Lane. Mr. Villani stated that since the last meeting he has met with Sean McCarthy and the owner to discuss the proposed revisions to the elevations drawings. Revised elevations drawings for Building A and Building B have been submitted to the Planning Board for their review. Chairperson Hsu asked David Smith to read the highlights of the draft resolution. David Smith read the resolve clauses and the conditions of the draft resolution. Motion was made to approve the resolution. Moved: Brennan Seconded: Krakauer Chairperson Hsu - yes Kersten Harries - yes Thomas Andruss - yes Erin Carney - yes Matthew Brennan - yes Ed McCarthy - yes Lindsay Krakauer- yes Vote 7-0 APPROVED 2. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase III, preliminary subdivision plat and Block O/P partial site plan approval - Continued public hearing Motion was made to reopen the public hearing. Moved: Chairperson Hsu Seconded: McCarthy 2 Vote 7-0 (11/19/20) �Andrew Tung is an associate of Divney Tung Schwalbe LLP representing the applicant. Mr. Tung shared a site plan drawing and stated that the applicant is seeking preliminary subdivision and partial site plan approval to construct 20 townhome units at Block O/P. As requested by the Planning Board at the October 22, 2020 meeting, they have submitted a more detailed concept plan for the balance of the proposed development of Block O/P. Mr. Tung shared an illustrative plan and described the conceptual layout for the units and the interior roadways for the balance of Block O/P. Mr. Tung stated that the applicant is considering four different unit widths and building heights of which will be confirmed in future site plan applications. David Smith stated that the conceptual layout configurations for the open space will need to be considered by the Planning Board during the subsequent submissions. Andrew Tung stated that the conceptual plan does not represent the final layout and expects that the Planning Board and the consultants will fully review the subsequent applications in the same manner. Andrew Tung shared an overlay of the concept plan highlighting the locations of the proposed 20 townhome units and stated that a temporary connector drive will be constructed behind the future permanent roadway to provide access to the townhomes for emergency vehicles and residents. Matthew Brennan asked Andrew Tung how long they anticipate the need for the temporary connector to be in place. Andrew Tung stated that the construction completion of the future townhomes is based on the market and the site plan approval of the balance of Block O/P, so he is unable to estimate when the need for the temporary connector will be eliminated. Peter Chavkin is the Managing Partner of Biddle Real Estate Ventures and stated he is hopeful that they will not need to put in the temporary connector drive because they will submit site plan applications for the balance of Block O/P and receive site plan approval for the permanent alley ways from the Planning Board before the infrastructure construction work is started. Andrew Tung shared an exhibit drawing and stated that the applicant has submitted an application to the Zoning Board of Appeals for a height variance for three units along Legend Drive for approval to increase the maximum permitted building height from 42 feet to a maximum of 48 feet. Andrew Tung summarized the past applications and approvals that were granted height variances for the Edge-on-Hudson Riverfront development. Chairperson Hsu solicited comments from the public. There were no comments from the public. Chairperson Hsu asked Andrew Tung if there are further developments for the architectural designs for the fa9ades. 3 (11/19/20) �Andrew Tung stated that the architectural designs for the facades will remain consistent with what was presented at the last meeting by the architects from KTGY Architecture and Planning and Toll Brothers. Chairperson Hsu stated that as required by the Code, the roadway angle needs to be adjusted to be 90 degrees where Sleepers Haven turns off of Palisades Boulevard. Andrew Tung stated that they will review the code and adjust the plan accordingly. Chairperson Hsu solicited comments from the Planning Board. David Smith stated that the applicant has a pending application with the Zoning Board of Appeals and that typically the Planning Board waits for their decision, and then the applicant returns to the Planning Board for their approval. Mark P. Weingarten, Esq. is a partner in the law firm of Delbello Weingarten Wise & Wiederkehr, LLP representing the applicant. Mr. Weingarten requested that the Planning Board close the public hearing and prepare a draft resolution with the understanding that if the height variance is approved at the December 16, 2020 Zoning Board meeting, the Planning Board resolution could be approved at the December 17, 2020 Planning Board meeting. Mr. Weingarten stated that the Planning Board public hearing could be reopened if necessary. Chairperson Hsu solicited advice from Clinton Smith on whether they should close or adjourn the public hearing pending the Zoning Board of Appeals decision. There was a discussion between Clinton Smith and Mark Weingarten on the permitted time frame from the closing of the public hearing and the adoption of a resolution. Motion was made to close the public hearing. Moved: Andruss Seconded: McCarthy Vote 7-0 Chairperson Hsu directed the Village Planner to draft a resolution for review at the December 17, 2020 meeting. 3. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Block-A proposed retail space, Site Plan approval- Preliminary presentation Mark P. Weingarten, Esq. is a partner in the law firm of Delbello Weingarten Wise & Wiederkehr, LLP representing the applicant. Mr. Weingarten provided a summary of the Edgeon-Hudson Riverfront Development prior approvals and shared an aerial photograph to show the construction progress and the future sites of the development. Mr. Weingarten stated that the proposed Block-A is bounded by Beekman Avenue, Legend Drive, and the Metro North Railroad tracks and is roughly five acres. The application proposes the construction of a 34,300 square foot DeCiccos & Sons Market and approximately 20,000 square feet of additional retail space and required parking. 4 (11/19/20) �Andrew Tung is an associate of Divney Tung Schwalbe LLP representing the applicant. Mr. Tung shared a rendering of the proposed DeCiccos & Sons Market. Mr. Tung shared the proposed site plan and stated that the buildings total square footage will be 54,800. On-grade parking areas will be constructed with access from Center Drive, off Legend Drive, and will include interior loading areas for the retail spaces. A six-foot high masonry wall is proposed to be extended along the Block A boundary and the Metro-North Railroad right-of-way. A six-foot black vinyl chain-link fence is proposed at the existing retaining wall located at the base of the slope from Beekman Avenue. Landscaping is proposed around the buildings where they are not abutting public streets. All of the utilities will be taken from Legend Drive into the buildings with the exception of the sanitary sewer that may connect within the site because the Westchester County main runs around the perimeter of the site before passing under the roundabout. Mr. Tung confirmed receipt of the engineering review memo from Woodard & Curran and stated that they are working to address their concerns. John DeCicco Jr. is the contract vendee for the proposed DeCicco & Sons Market and stated that their stores are built to LEED standards and they have GreenChill Retail Platinum-Level Certified stores from the Environmental Protection Agency. Lucio DiLeo is the Principle of Studio Rai, representing the DeCicco & Sons Market to design the proposed store. Mr. DiLeo shared photographs of architectural features that were used in the proposed designs of the market building. Mr. DiLeo shared a section drawing and described the different story levels and the massing of the proposed building. Mr. DiLeo shared elevations drawings and described the entrances and the location of the parking and loading dock areas. The loading dock, garbage, and the mechanical equipment will be hidden from visual impact around the perimeter of the building. Renderings were shared to show how the building will be viewed from different site locations. Mr. DiLeo shared renderings and described the preliminary designs for the interior of the store. Matthew Brennan asked what types of retail stores are envisioned in the other retail spaces. Lucio DiLeo stated that half of the market retail space is planned to be a pharmacy and the other half is planned to be a retail store that is still to be determined. Peter Chavkin is the Managing Partner of Biddle Real Estate Ventures and stated that there is a liquor store proposed in the complex. The retail space near the pharmacy may be one or more retail stores. A public restroom area is also proposed in the additional retail space building. Chairperson Hsu asked when they anticipate the construction could be completed for the DeCiccos Market. John DeCicco Jr. estimated that the store could be completed and operational by late 2021, early 2022 depending on the approval process and construction start date. David Smith stated that it may be helpful to provide a rendering that includes the approved adjacent Block F. 5 (11/19/20) �Lucio DiLeo stated that they will incorporate the Block F buildings in a subsequent rendering submittal. Erin Carney stated that the DeCicco & Sons Mart will be heavily visited by residents on foot and bicycle, and suggested that more detail be emphasized on the street scape along Beekman Avenue. Lucio DiLeo stated that the shared renderings do not represent the true landscaping aspects of proposed area. Kersten Harries suggested that there be bicycle storage areas in the parking lots for the retail spaces. Ms. Harries asked if there will be another entrance to the complex from the sculptural stair along Beekman Avenue in lieu of walking around Legend Drive. Lucio DiLeo stated that the sculptural stair area is only designed to be an exit from the upper levels of the store. It is very difficult to maintain control of the supermarket operation when you have multiple entrances. There will be a second exit onto Legend Drive from the upper levels. Kersten Harries suggested that native pollinator friendly plantings be incorporated in the steeper grade areas along Beekman Avenue and the train tracks. Peter Chavkin stated that the design team is studying the possibility of creating a stair access from Beekman Avenue down to the eastern part of the parking lot. Mr. Chavkin stated that they would not be able to accommodate an ADA accessible ramp in that area. Lindsay Krakauer suggested that the parking lot area be accessible for resident parking spaces during off hours. Peter Chavkin stated that the development construction will be adding about 500 public on-street parking spaces. It is up to the Village to decide the parking regulation guidelines. Jonathan Stein stated that the additional 500 public parking on-street spaces are in excess of the required parking spaces required for the Edge-on-Hudson uses. Chairperson Hsu requested more detail on what LEED certification methods are proposed for the retail spaces and the parking lot. John DeCicco Jr. stated that they use CO2 based natural refrigeration systems that use no ozone depleting gas which also generates heat that is used to heat the buildings and the water. The demand cooking and ventilation systems decrease the amount of exhaust air. They utilize reclaimed materials as much as possible and highly insulate the buildings to keep them energy efficient. They utilize HVAC units that circulates 50% of the outside air within the stores. Mr. DeCicco stated that they evaluated UV light option but have determined they were not right for the stores. They also proposed to install a green roof. 6 (11/19/20) �Chairperson Hsu asked if the COVID-19 pandemic has influenced the interior designs or trends for the stores and the way the customers shop via online pickup or outdoor seating options. John DeCicco stated that they are looking into curbside pick-up stations, solutions for the food bars and the beer gardens, and possible ultra violet light sanitizing devices. Clinton Smith asked for the construction details of the proposed parking area. Andrew Tung shared the site plan drawing and stated that they are not proposing a pervious surface for the parking lot due to the limitations and location of the site. Anthony Catalano stated that for this large parking area it would not be recommended to use a porous asphalt material due to the limitations of the brownfield site. Clinton Smith asked if all of the retail buildings and the parking area will be constructed at the same time. Peter Chavkin stated that the construction of north retail building depends on the ability to secure tenants for the retail spaces. Clinton Smith asked if DeCicco & Sons will be a tenant. Peter Chavkin stated that DeCicco & Sons is buying and building the market and the pharmacy retail components of the building. Lighthouse Landing LLC will own the non-pharmacy retail section of the market building along with the north retail building that will be built based on the tenants. Clinton Smith questioned if all the retail spaces will receive deliveries as the plan does not indicate large loading areas for truck deliveries. Peter Chavkin stated that all of the retail spaces will receive deliveries but not as frequent as the DeCiccos market. Nicole Emmons is an architect from Hart Howerton and stated that the smaller retail stores will not require long term loading areas and would have specific hours for deliveries and loading zones. Jonathan Stein is a Managing Member of Diversified Realty Advisors, LLC and stated that the smaller retail stores do not typically get serviced by tractor trailers but rather smaller size package trucks that will drop off and leave. Chairperson Hsu asked if the applicant would be ready for a December 17, 2020 public hearing. Peter Chavkin stated that they have received the engineering review memo from Woodard & Curran and that they are awaiting review memos from David Smith and the Building 7 (11/19/20) �Department. They should be able to have a submission ready by the deadline for the December meeting. David Smith stated that Metro-North Railroad should be included in the public hearing notice and distribution list for this site plan application. Jonathan Stein stated that he welcomes any comments or concerns from the Planning Board after the meeting so they can be coordinated with their consultants for the next submission date. David Smith requested that the applicant complete and submit an updated traffic study to show any difference from the original projected environmental review. Jonathan Stein stated that they will submit an updated traffic study that reflects the changes in the components of the site programs. Erin Carney stated that she supports the staircase from Beekman Avenue into the parking lot as it will decrease the load from car traffic. Lindsay Krakauer suggested that a ramp be constructed in lieu of a staircase to increase foot traffic and accommodate for pedestrians walking to the store and using a push cart for the retail items. Peter Chavkin stated that it is not possible to build a ramp due to the substantial grade difference between the road, the parking lot, the existing retaining wall, and the location of the County sewer main. Lindsay Krakauer stated that a ramp would also be helpful for those who want to lower their bicycle down to the parking lot. Jonathan Stein stated that if a ramp was constructed it would also have to be ADA compliant. Ed McCarthy asked what is proposed for the lighting in the parking lot at night. Andrew Tung stated that they plan to submit a lighting plan for the next submission. The lights are proposed to be full cut off. From Beekman Avenue, the parking lot is 25 to 35 feet below the surface near the Beekman Bridge. The lights might be 20 feet tall so the fixture will not be visible, just the light will be seen casting downward. Matthew Brennan asked if there are any design elements of the project that could slow down the completion date. Jonathan Stein stated that there are no design details that would slow down the completion date. Kersten Harries stated there seems to be more surface parking proposed now on the back corner along Beekman Avenue than in the past where it was contemplated that there would be other building structures. Ms. Harries questioned that if another building was proposed on site with 8 (11/19/20) �parking in or underneath the structure would it allow for the height to be raised on Beekman Avenue to provide an access way while also providing more buildable rentable space in lieu of surface area parking. Peter Chavkin stated that at this point they don't think that the economics in commercial rentals for office space or retail would justify the added costs of constructing structured parking. It may be possible that they would propose a structured parking building and another commercial building on site, but even if they constructed a multi-story building on the site, it would have to be set back from Beekman Avenue as they cannot build on top of the County sewer lines. Motion was made to schedule a public hearing for the December 17, 2020 meeting. Moved: Harries Seconded: Chairperson Hsu Vote 7-0 4. Sleepy Hollow Associates, LLC, 45-49 Beekman Avenue, Change of Use- Preliminary presentation Kyle McGovern is an attorney from the law firm of Lyons McGovern LLP representing the applicant. Mr. McGovern stated that they propose to revitalize three underutilized commercial properties on the corner of Beekman Avenue and North Washington Street where the existing Tomkins Mahopac Bank, a professional office building, and the Post Office are located. They propose to keep the existing commercial uses of the first floors and revitalize the upper floors of 47 and 49 Beekman Avenue by constructing (16) residential apartment units consisting of (14) one bedroom apartments, (1) two bedroom apartment, and (1) studio apartment within 47 and 49 Beekman Avenue. This will require a change of use from commercial use buildings to mixed-use buildings, which are permitted uses in the C-2 Zoning district. There are no proposed changes to the Post Office at 45 Beekman Avenue as they are expected to renew their lease. The proposed improvements will stay entirely within the current footprint of the existing buildings. Improvements are proposed to the exteriors of the buildings. The proposed project is consistent with the Sleepy Hollow Comprehensive Plan. The rents will be priced at market value and targeted towards young professionals. Mr. McGovern provided a summary of the history of the properties ownership and their uses. David Mooney is the architect representing the applicant. Mr. Mooney referenced the existing site plan and stated that the existing parking layout included forty-three (43) parking spaces with access from Beekman Avenue and North Washington Street. The proposed parking plan includes thirty-nine (39) spaces where there will be (2) handicap spaces within the (28) full size parking spaces and (11) compact car parking spaces. As required by the Village Zoning Code, they will be seeking a variance for (4) parking spaces. An enclosed refuse area is proposed for garbage storage and pick up and there will be an enclosed area at North Washington Street for recyclables. Mr. Mooney shared the existing floor plans of the 49 Beekman Avenue bank building and described the current uses of the spaces. Mr. Mooney shared the proposed floor plans for 49 Beekman Avenue and stated that (2) one bedroom apartments are proposed on the first floor and (4) one bedroom units, (1) two bedroom unit, and (1) studio apartment are proposed on the second floor. Mr. Mooney shared the existing floor plans of 47 Beekman Avenue and described the current uses of the spaces. Mr. Mooney shared the proposed floor plans for 47 Beekman Avenue and stated that the first floor will continue to be used as 9 (11/19/20) �professional offices. Mr. Mooney stated that (4) one bedroom apartment units are proposed for the second floor and (4) one bedroom apartments are proposed on the third floor. The apartment entrances will be accessed from a shared front entrance on Beekman Avenue and through the rear of the building from the parking lot. Tom Andruss asked it tenant spaces could be used for public parking if not used during the day. Kyle McGovern stated that the current use is tenant only parking and that the parking will continue to be dedicated for the tenants. Chairperson Hsu asked if the banking customers are permitted to park in parking lot. Kyle McGovern stated that there are dedicated parking spaces for bank employees and customers. David Mooney stated that there will be dedicated parking spaces for the commercial and retail uses. Matthew Brennan asked for the average square footage of the proposed apartment units. David Mooney stated that the smallest apartment unit is proposed at 550 square feet and the largest unit will be approximately 840-850 square feet. Chairperson Hsu asked the applicant to confirm that they are in receipt of the review memos prepared by James Natarelli and David Smith. David Mooney stated that they will review the issues raised in regards to the site drainage, sidewalk repairs and the streetscape improvements. Kyle McGovern stated that he acknowledges that the application will require a variance from the Zoning Board of Appeals for the landscaping buffer, the parking spaces, and a loading zone. Chairperson Hsu requested that the applicant prepare mitigation plans to address the drainage improvements required at Valley Street. James Natarelli stated that there are Village drainage issues at Valley Street that should be mitigated for the proposed site. Chairperson Hsu made a motion to refer the application to the Zoning Board of Appeals and to schedule a public hearing for the December 17, 2020 meeting Moved: Chairperson Hsu Seconded: Andruss Vote 7-0 5. GTY NY Leasing Inc. 215 North Broadway, Amended site plan - Continued public hearing, Pending ZBA approval Motion was made to reopen the public hearing. 10 (11/19/20) �Moved: Chairperson Hsu Seconded: Krakauer Vote 7-0 Chairperson Hsu solicited comments from the public. There were no comments from the public. Chairperson Hsu stated that the applicant has not submitted an application to the Zoning Board of Appeals and not available to speak on their behalf. Motion was made to adjourn the public hearing to the December 17, 2020 meeting. Moved: Chairperson Hsu Seconded: Andruss Vote 7-0 6. Ivan and Sonia Vukusic, 143 Webber Avenue, Proposed subdivision, preliminary platcontinued public hearing, pending ZBA approval Motion was made to reopen the public hearing. Moved: Chairperson Hsu Seconded: McCarthy Vote 7-0 Chairperson Hsu solicited comments from the public. There were no comments from the public. Chairperson Hsu stated that the applicant has not submitted an application to the Zoning Board of Appeals and not available to speak on their behalf. Motion was made to adjourn the public hearing to the December 17, 2020 meeting. Moved: Chairperson Hsu Seconded: Harries Vote 7-0 10. Approval of minutes- October 22, 2020 Motion was made to adjourn October 22, 2020 minutes to the December 17, 2020 meeting Moved: Chairperson Hsu Seconded: Harries Vote 7-0 Motion was made to adjourn the meeting at 9:15 PM. Moved: Chairperson Hsu Seconded: Carney Vote 7-0 11 (11/19/20) Respectfully submitted, PajtywAzPamela Kroll Secretary to the Planning Board � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-2020 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_2020-11-19 Subject The topic of the resource Planning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/dfaf9c4c2c03244440c6e146447f0735.pdf 7912394f09b26b3b9fa6d1b95eb9b0c1 PDF Text Text Village of Sleepy Hollow Planning Board Minutes October 22, 2020 The regular meeting was held via Zoom webinar and called to order at 8:00 PM by Chairperson Marjorie Hsu. Residents could not attend in person due to the COVID- 19 pandemic, but could participate by phone and video conferencing. The Board and the applicants participated by videoconferencing. Present: Marjorie Hsu, Chairperson Erin Carney Kersten Harries Matthew Brennan Tom Andruss Ed McCarthy Also Present: Clinton Smith, Village Attorney David Smith, Village Planner James Natarelli, Village Engineer Anthony Catalano, Consulting Engineer Sean McCarthy, Village Architect Absent: Lindsay Krakauer Pamela Kroll, Secretary to the Planning Board Agenda: 1) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase I waterfront open space, site plan and wetlands permit approval - Continued public hearing 2) Jonathan Villani, 30 Andrews Lane, Proposed townhome development- Continued public hearing 3) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase III, preliminary subdivision plat and Block- O/P partial site plan approval- Public hearing 4) Sleepy Hollow Residences, LLC, Edge-on-Hudson Riverfront Development, 2 Maxwell Drive, Phase II, Block-F amended site plan - Public hearing 5) GTY NY Leasing Inc., 215 North Broadway, Amended site plan - Public hearing 6) Ivan and Sonia Vukusic, 143 Webber Avenue, Proposed subdivision, Public hearing 7) LL Parcel I LLC, Edge-on-Hudson Riverfront Development, 102, 203, and 305 Legend Drive, Phase I, Block-I amended site plan approval - Preliminary presentation 8) Approval of minutes - September 17, 2020 Chairperson Hsu read the following statement: 1 (10/22/20) �Tonight's meeting and work session is being convened in accordance with the Governor's Executive Order Number 202.1 issued March 13, 2020 which suspends certain provisions of the New York State Open Meetings Law to allow a municipal board to convene a meeting via videoconferencing. In accordance with the Executive order, the public has been provided with the ability to view tonight's meeting and a transcript will be provided at a later date. I have also confirmed with our Village Clerk that this meeting has been duly noticed by posting a notice on the Villages' bulletin boards, faxing a copy to the Warner Library, faxing a copy to the Journal News and the Hudson Independent newspapers, posting a copy on the Village's website, and listing it on the Villages' Facebook page. Chairperson Hsu polled the Board members for attendance. Chairperson Hsu read the agenda. 1. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase I waterfront open space site plan and wetlands permit approval - Continued public hearing Andrew Tung is an associate of Divney Tung Schwalbe LLP representing the applicant. Mr. Tung stated they have submitted a supplemental submission with revisions made to the engineering drawings to further address the comments received from Woodard & Curran and the Village Architect. Chairperson Hsu solicited comments from the Board. Tom Andruss suggested that additional rocks or a railing be added to the areas where the rip rap drop exceeds thirty inches. Andrew Tung stated that the code requires a guard rail where there is a thirty inch drop from the walkway to the rip rap. They have revised the detail drawings to raise the rip rap areas to the adjacent surfaces where required by adding either a walkway or a grassy terrace to lessen the g a p. Chairperson Hsu stated that since the September meeting, there have been discussions with the Village Board of Trustees, the Village Public Space Council and the Planning Board members to align the goals of the waterfront space designs and that the safety adjustments made to the designs are appreciated. Motion was made to open the public hearing. Moved: Chairperson Hsu Seconded: McCarthy Vote 6-0 Chairperson Hsu asked David Smith to read the highlights of the draft resolution. David Smith stated that the draft resolution has been shared with the Planning Board and the applicant. The applicant provided feedback on the draft resolution. Mr. Smith stated that there are a number of conditions that have been carried over from the overall site plan approval. The 2 (10/22/20) �interface between the public space and the rip rap has been addressed in Condition #17 of the resolution to state: Prior to the issuance of a building permit for the related work 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. The Applicant shall also provide additional details addressing the relationship of those specific areas where public access directly abuts the existing rip-rap and where required modify the rip rap design as part of afield condition so that it does not present a building code issue and may include feature stones as part of the design David Smith stated that is was also decided to keep the condition of New York State approval as it relates to the COVID-19 pandemic as follows: If directed by the Village Building Department the Applicant shall acquire approval from the New York State Empire State Development (ESD) for classification of essential construction in order for the proposed Phase 3 construction to move forward. Such approval shall be furnished to the Village Building Department prior to commencing construction. In addition, the provisions for COVID-19 health and safety shall be in compliance with applicable local, State and Federal requirements. David Smith stated that the conditions of the draft resolution are included for the applicant to address the concerns of the Village Consultants and Village Architect in the site plan drawings as follows: Documentation, sufficient in form and substance, for the Village's Engineering Consultant to determine that the list of items outlined in the Village Consulting Engineer's 10/16/20 correspondence have been incorporated onto the site plan drawings Documentation, sufficient in form and substance, for the Village Architect to determine that the list of items outlined in the Village Architect's 9/15/20 correspondence have been incorporated onto the site plan drawings Chairperson Hsu solicited comments from the public. There were no public comments. Motion was made to close the public hearing. Moved: Chairperson Hsu Seconded: McCarthy Vote 6-0 Motion was made to approve the resolution. Moved: Chairperson Hsu Seconded: Brennan Chairperson Hsu - yes Kersten Harries - yes Thomas Andruss - yes Erin Carney - yes 3 (10/22/20) �Matthew Brennan - yes Ed McCarthy - yes Vote 6-0 APPROVED 2. Jonathan Villani, 30 Andrews Lane, Proposed townhome development - Continued public hearing Jonathan Villani is the Design Consultant from Annuziata & Villani Design Consultants, Inc. representing 30 Andrews Lane. Mr. Villani stated that the recent submissions address the comments received from Sean McCarthy and James Natarelli. Motion was made to open the public hearing. Moved: Chairperson Hsu Seconded: Brennan Vote 6-0 Chairperson Hsu asked Jonathan Villani to summarize the items addressed as they relate to the concerns of the massing of the buildings, roof pitch, electrical meters for the units, and the water lines. Jonathan Villani shared the site plan drawings and stated that they have been revised to detail the proposed locations of the gas and electrical meters. Mr. Villani stated that the proposed islands have been extended evenly in the court yard. He has addressed the comments received regarding the walkways, garbage and recycling. Native plantings have been added to the revised landscape plan. Mr. Villani shared the elevation drawings and stated that the pitch of the roofing has been revised to reduce the massing of the buildings. Stone has been added to wrap around the building entries as a water table. David Smith asked Jonathan Villani to share the renderings of the proposed buildings. Chairperson Hsu stated that the renderings submitted didn't allow for the Board to assess the massing of the buildings as they would incorporate with the adjacent neighborhood properties. Jonathan Villani stated that in previous submissions they have built structures on top of the existing house to display the height of the proposed buildings and renderings to show the relationship to the neighboring properties. The proposed heights of the buildings have not changed. Jonathan Villani shared the rendering drawings and stated that the public has not objected to the building height in the past. Chairperson solicited comments from the Board or consultants. James Natarelli stated that all of his comments have been addressed including the relocation of the water main into a proper easement that will be dedicated to the Village. Mr. Natarelli asked Mr. Villani to confirm the purpose of the temporary water line shown on the logistics plan. Jonathan Villani shared the logistics plan and stated that the temporary water line will be used for dust prevention, concrete mixing, and the construction activities for the project in lieu of using a water truck service. 4 (10/22/20) �James Natarelli stated that he wanted to confirm that the temporary water line was not intended to feed the trailer since the line terminates behind the structure. James Natarelli asked Jonathan Villani if it was specifically required to have two separate water main taps at the driveway for the hydrant and the new water main. Michael Stein, P.E. is the President of Hudson Engineering & Consulting, P.C. who completed the engineering drawing for the applicant. Mr. Stein stated that the two wain main taps are proposed to avoid crossings with the sanitary sewer line and to reduce the potential of future leaks. James Natarelli asked Michael Stein for the separation distance between the two water main taps. Michael Stein stated that there is at least fifteen or twenty feet between the two water main taps. Tom Andruss suggested that Jonathan Villani consider design enhancements on the south fa9ade of Building A. Chairperson Hsu suggested speaking with the modular company to see if they can improve the visual aesthetics of the building designs when the constructions drawings are finalized. Jonathan Villani stated that modular companies limit the freedom of designs and that any additional costs would need to be approved by the owner. Mr. Villani stated that he has already enhanced the design aspects as they relate to the trim, siding, gable ends, decking, and additional stone work. Chairperson Hsu asked Jonathan Villani if he is an architect or an engineer. Jonathan Villani stated that he is a design consultant and has three companies. Annuziata & Design Consultants, Inc. has been getting projects approved for clients with his partner for twenty five years. Mr. Villani stated that he also owns a construction company and a consulting firm. Clinton Smith stated that the Planning Board could vote to close the public hearing and approve the site plan but include a condition for the construction drawings to be reviewed by the Planning Boards' role as the Architectural Review Board. Mr. Smith also suggested that renderings be prepared to show the view from Andrews Lane. Chairperson Hsu agreed that Clinton Smith's suggestions may be a good way to move forward with the proj ect. David Smith suggested that Jonathan Villani coordinate with Sean McCarthy, as the Village Architect, with the preparation of more detailed fa9ade designs. 5 (10/22/20) �Chairperson Hsu asked Jonathan Villani if he agrees with the contingencies of the proposed site plan approval. Jonathan Villani stated that he will consult with his client and the modular company to see what exterior enhancements can be made. Motion was made to close the public hearing. Moved: Chairperson Hsu Seconded: Harries Vote 6-0 Chairperson Hsu directed the Village Planner to draft a resolution for review at the November 19, 2020 meeting. 3. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase III, preliminary subdivision plat and Block- O/P partial site plan approval- Public hearing Motion was made to open the public hearing. Moved: Chairperson Hsu Seconded: McCarthy Vote 6-0 Andrew Tung is an Associate of Divney Tung Schwalbe LLP representing the applicant. Mr. Tung shared drawings and summarized the details for the twenty proposed townhome units for Block- O/P. Mr. Tung stated that the remainder of Blocks O/P will be submitted for site plan approval in early 2021. Mr. Tung stated that they received the engineering review memo from Woodard & Curran and are working on addressing their comments. Mr. Tung stated that there were several architectural questions related to the proposed units and how they relate to the Block-J townhomes of which their architect will address. Jennifer FitzGibbon is the Senior Job Captain and architect from KTGY Architecture + Planning. Ms. FitzGibbon shared the Block-J Front Elevations drawing and described the "kit of parts" and design style differences between what has been constructed and what is to be constructed based on purchaser selections. Ms. FitzGibbon shared the Block-J Park style unit front elevations and described the "kit of parts" variations used in the unit construction. David Smith stated that these graphics are helpful in understanding how the different type units and variations have been mixed into the construction of Block-J and how it relates to the proposed construction for Blocks O/P. Peter Chavkin is the Managing Partner of Biddle Real Estate Ventures and stated that they prepared this presentation to show how the "kit of parts" has been implemented in Block-J so that it makes sense to consider the "kits of parts" for Blocks O/P. Mr. Chavkin stated that there are four basic unit model types that have different elevation frontages as well as variations and diversity within the interior construction based on purchaser selections. Jennifer FitzGibbon described the different floor plan options that would affect the exterior fa9ade depending on the unit type. 6 (10/22/20) �James FitzPatrick is the Division President of the New York Region for Toll Brothers Inc., and stated that their business model is that they are a production custom luxury home builder. They have pre-programmed the options for the Edge-on-Hudson Development in which there are restrictions for plan type, elevations types, and exterior colors for the townhomes, but the deposit foundation plans allow for customized interior floor plans based on how the home buyer wishes to use the first, second, and third floor spaces. Jennifer FitzGibbon shared drawings and renderings and stated that they want to make sure that Block O/P has some unique features while still blending in with the Block-J units across the street. Material upgrades are proposed by using cultured stone in lieu of brick for the exterior facades. Similar siding and panel materials will be used with color variations at the different levels to keep some similarity with the Block-J townhomes. Ms. FitzGibbon summarized the proposed materials for the Block O/P townhomes and presented two color scheme options for the exterior facades. Chairperson Hsu asked Ms. FitzGibbon if the proposed exterior facades are pre-programmed selections or if they allow for the "kit of parts' variations. Jennifer FitzGibbon stated that they propose to keep this overall look as the primary element exterior facades of Block O/P. They will have controlled elevations at the high visibility units. Ms. FitzGibbon stated that as part of the "kit of parts" features, purchasers will be permitted to customize floor plans that may result in variations on the second and third floor facades. Peter Chavkin stated that they requested that KTGY and Toll Brothers Inc. create the designs for proposed twenty units of Block O/P to be similar, not dissonant, and to include enhancements to show the evolution of the development from the already constructed Block-J townhome units. David Smith stated that Peter Chavkin's comment about Disney World is something that the Village thought about when they prepared the Waterfront Linkage Study which helped in forming the Design Guidelines. The term that came out of the study was "planned eclectisism" and it is a theme that has been running since the inception of the project, at least from when the Village contemplated the redevelopment of the site to say that the architectural issues may be addressed as part of the site plan. Chairperson Hsu suggested that the designs for Block O/P provide more rear exterior elevations then the Block-J units. James FitzPatrick stated that Block-J units were sold before the models were built and that purchasers didn't see the value of the bump outs on paper. The need for the bump out on the third floor is based on the floor plan chosen and desired bedroom count. In the future, a rear bump out will be pre-preselected for a unit with three bedrooms on the third level. Jennifer FitzGibbon shared a proposed base floor plan drawing and described the interior components and the configuration options for the four levels of Block O/P townhome units. Ms. FitzGibbon shared the typical lot diagram that includes the rear bump out. 7 (10/22/20) �Chairperson Hsu stated that Block-J was granted a variance for increased building heights and stated that there should be variability for the heights of the proposed Block O/P townhomes. Peter Chavkin stated that there was a height variance approved for the Block-J townhomes that covered the first buildings along Legend Drive. Mr. Chavkin stated that he will review with his team to determine if there are height restrictions that will require a variance for the proposed Block O/P townhomes. David Smith stated that variations of three and four-story building heights along Hollows Pass were an issue that was in the original 2007 Environmental Findings, and where there needs to be some variation in building height, and probably part of a subsequent phase of evaluation when the part of the site plan for the balance of Block- O/P comes in, and that it extends to part of Block-P, lot two; any of the townhome units that front along Hollows Pass which fronts on the buffer area that runs along Kingsland Point Park. Peter Chavkin stated that the proposed Block O/P units that require height variations will be covered by a subsequent site plan application. Chairperson Hsu stated that there should also be variability in the townhome width for the subsequent site plan application for the balance of the townhomes in Block O/P and perhaps in the future Block-Q and that all of the units in this current application are 20 foot-wide. Peter Chavkin stated that the widths of the twenty proposed townhomes for Block O/P are 20 foot-wide and 22 foot-wide to mirror what has been built in the adjacent Block-J buildings. Mr. Chavkin stated that they are still working through the design for the balance of the Block O/P buildings to decide on widths of the units. Andrew Tung stated they are also seeking approval for a preliminary subdivision to create four parcels within each of the proposed townhome groups of the twenty units. Subsequent subdivision applications will be proposed for the balance of the Block O/P site plan applications. Chairperson Hsu asked Andrew Tung to share the submitted figure that outlines the proposed building shapes. Andrew Tung shared Figure No. 2 and stated that each building group of townhomes is proposed to be their own sub parcel. Peter Chavkin stated that Figure No. 2 represents a concept design plan for the balance of the Block O/P to illustrate how it could be laid out and that it does not represent the definitive dimensions of the buildings. Mr. Chavkin stated that it is definitive that the balance of BlockO/P will be townhomes but that the final layout will need to be decided for the final widths, the view corridors, and the circulation in order to determine what the private drives and alley ways will look like. David Smith asked Andrew Tung to confirm that the intersection bend in Palisades Boulevard at Sleepers Haven will not present any issues in visual traffic circulation. 8 (10/22/20) �Andrew Tung stated that they do not anticipate that the intersection bend in Palisades Boulevard at Sleepers Haven will present issues in traffic circulation as the site distance is adequate in both directions and the speed limit will be 20 miles per hour within the development. David Smith asked if Sleepers Haven will be a public street. Andrew Tung stated that Sleepers Haven will be a cut through in that location but it will be determined and coordinated with the Village on whether or not it will be a public street. David Smith stated as of the last Riverfront Concept Development Plan reviewed by the Village Board, they wanted to keep Sleepers Haven as a public road. Peter Chavkin stated that if the subsequent plans for the balance of Block O/P find a reason for Sleepers Haven to not be a public street, they will make a request to the Village Board. Chairperson Hsu asked Andrew Tung when the proposed final layouts of the balance of Blocks O/P will be ready for submission. Peter Chavkin stated that they expect to have the proposed layouts for the balance of Blocks O/P ready for submission by the first quarter of next year. Chairperson Hsu stated that it will be more realistic for the Planning Board to evaluate a site plan as a whole instead of piece meal. Peter Chavkin stated that this partial site plan approval is being requested in order to keep up with the sales efforts of Toll Brothers and allow them to continue to have product to sell. Development of engineering and architectural drawings on a larger scale cannot be completed quickly enough to meet the base of the sales efforts. Chairperson Hsu asked if they could prepare an overall site layout of the proposed buildings locations without completing the full engineering and architectural drawing details. Peter Chavkin stated that there are too many decisions to be made to complete a separate site layout for the remainder of Block O/P buildings. Chairperson Hsu solicited comments from the Board. Kersten Harries stated it would be helpful to see a more developed site plan for the remainder of Block-P in order to get a better sense of the amount of green space verses pavement area and to be able to weigh in on the possibilities if the partial site plan for Block-O was approved. Peter Chavkin stated that he can say for certain that Block-P will include residential units that will front Palisades Boulevard and that they will explore several options for the interior of the Block-P. The amount of green space verses impervious surface will be proposed and delivered within the conditions of the Special Permit approval and doesn't think there will be issues with 9 (10/22/20) �the amount of green space but that they will take her comments into consideration when designing Block-P. David Smith stated that he is in agreement with Kersten Harries and that the Riverfront Development Concept Plan originally showed a green space in Block-P and showed a larger green space than what is now proposed in Block-O. Each townhome block previously contained its' own interior green space as a separate park type area. Mr. Smith stated that not having the site plans fully developed poses a risk for issues and concerns from the Planning Board; for example will there be outdoor parking for the townhome block that front on the last portion of the Tappan Zee Park or will a parking variance be required because of the lack of space to provide the required parking spaces. David Smith stated that the applicant is being put on notice to think about the other components as part of their evaluation. The Planning Board is aware of the need and desire to help in response to the market demands, but that it shouldn't adversely impact the balance of the site plan development. Peter Chavkin stated that they will be having a conversation with the Village Board about parking requirements inside the townhome blocks. The concept plan submitted and shared at this meeting does not presume that they have been granted a request that they intend to make but if it did, and they don't get the request granted, they realize that it is entirely their risk and that no one is obligated to give them any discretionary approval that back doored into this. Mr. Chavkin stated that he doesn't believe they are taking a risk but that they recognize that they would be at risk if someone doesn't want to give them a waiver. Kersten Harries asked if the buyer would be given an option for the installation of an elevator and if it has been contemplated where it would go in the floor plan. James Fitzpatrick stated that options for elevators can be accommodated in the Block-J Park elevation homes that face either the Central Park or the central green space. Mr. Fitzpatrick estimated that 75 percent of the Block-J townhomes could accommodate an elevator. They have sold four elevator unit plans to date. The market trend has been much younger in the past four months or so and that they are not seeing the same interest from the traditional downsizers and those that are interested in an elevator option are gravitating towards the single level living loft units. Peter Chavkin stated that the proposed twenty townhome units can't offer elevator options. James Fitzpatrick stated that due to the flood elevation and the washington wall that runs along the perimeter, the lead walk is an average of three steps to the front door. Peter Chavkin stated that in order for an elevator to be installed, the front door must be handicapped accessible and because of the difference of the street elevation and the elevation of the buildings' finished floor necessary for the FEMA flood plain issues there is not enough room for a ramp to the front door. The units that face a street can't offer an elevator but the units that will be in the interior of the Block or face Tappan Zee Park could have that option. 10 (10/22/20) �Kersten Harries asked if the market trend for younger buyers has influenced the components that are are being provided in the site plan than previously planned. James Fitzpatrick stated that he has not found any instances where they have been unable to provide the home space that buyers are looking for. Kersten Harries asked Peter Chavkin if the younger market trend may allow them to propose play structures within the Edge-on-Hudson development. Peter Chavkin stated that there will be a play scape area included in the Waterfront Open Space towards the Hudson Plaza. They do not have any plans to add jungle gyms into any of the private townhome block green spaces but perhaps the Palisades Green section of the Waterfront Open Space could include a plan for a play structure and they could discuss it with the Open Space Council. David Smith stated that they may be an option at the third portion of the Tappan Zee Park since it has not been programmed yet. Chairperson Hsu suggested that seating areas be added to the front of the larger townhome units that front Hollows Pass. Peter Chavkin stated that they will make a note to consider incorporating the suggestion into the future site plan application. Mr. Chavkin stated that they are working to finalize the concerns from Woodard & Curran and requested that the Planning Board consider closing the public hearing and vote on an action at the next meeting. Chairperson Hsu stated that the Board members have expressed their interest to see more visibility into the overall layout of Blocks O/P so there is a gap in what the Board would like to see and what has been prepared. Peter Chavkin asked if the Planning Board will not act until they see what is contemplated for the balance of Block-O and Block-P. Chairperson Hsu stated it is her strong preference and that Kersten Harries has expressed her interest in seeing more of the overall plan. Mark P. Weingarten, Esq. is a partner in the law firm of Delbello Donnellen Weingarten Wise & Wiederkehr, LLP representing the applicant. Mr. Weingarten stated that he disagrees with the comment about maximizing the number of units. If you look at the site plan, there is so much open space and it is well thought out. The request is market driven for a very small number of units and no one has suggested that any of the issues discussed at this meeting don't need to be dealt with and that they will be dealt with. There will be flexibility to shift a unit that is preventing parking and plenty of area within the site to do so in future applications. The COVID-19 pandemic has led to hyperactive activity and it is why they are proposing a smaller portion of the Block O/P. Mr. Weingarten stated that the Planning Board will get all the information they are looking for but the submission will not be ready for several months. He 11 (10/22/20) �urged the Planning Board to reconsider closing the public hearing and accommodating the approval for the twenty units. Tom Andruss asked Clinton Smith if the same conditions could apply to this application similar to the decision for 30 Andrews Lane by moving forward with the understanding that the Board will still want to see an understanding of the whole site plan design for the remainder of Blocks O/P. Clinton Smith stated that the 30 Andrews Lane application is different as the requested information is for the review by the Planning Board as the Architectural Review Board. In this instance the Board is requesting site plan information on the balance of Block O/ P that will not be available for some time. Mr. Smith asked David Smith if closing the public hearing would start the clock running for the approval of the resolution. David Smith stated that the Planning Board could keep the public hearing open and direct staff to prepare a draft resolution for the next meeting. If we close the public hearing tonight, the clock on the site plan approval starts. Mr. Smith stated that the applicant has been put on notice that the Planning Board has concerns about the balance of the layout for Blocks O and P and that that it will be given very critical review when the next application is submitted. Mr. Smith stated that Toll Brothers may not be the developer for the balance of Blocks O and P and that different developers may have the opportunity to come up with design concepts as part of the "planned eclecticism " Chairperson Hsu stated that they are open to creative approaches to fulfill the applicants request while still being able to live up to the obligations of the Planning Board and support the consultants and Building Department. Chairperson Hsu requested input from Sean McCarthy. Sean McCarthy suggested that the applicant submit a simple concept plan to illustrate how the balance of the development of Blocks O and P could be laid out to show that they will keep the same number of units and roughly the same amount of green space. The engineering drawings and detailed dimensions could be submitted with the future site plan application. Providing an overlay drawing showing how the balance of the units can be placed on the two blocks should allow the Planning Board to feel comfortable moving forward. Anthony Catalano is the Village's consulting engineer from Woodard & Curran and stated that there are concerns that need to be addressed in regards to water and sewer, and stormwater management. Mr. Catalano asked Peter Chavkin for the timing of when the engineering drawings could be updated to address the concerns. Andrew Tung stated that the detailed engineering follows the setting of the footprints and the roadways. Overall engineering has been completed for the entire site. Phase III included the infrastructure of the roads that surround Blocks O and P and they have a great level of confidence that they will be able to connect to those systems. Once the final designs for the layout of the units and roadways are determined, they can complete the final engineering. 12 (10/22/20) �Peter Chavkin stated that in response to Sean McCarthy's suggestion on a preparation of an architectural site plan, they can put together a conceptual layout for the balance of Block O and P but they are reluctant to submit details to the Planning Board when they are not confident on what they want to propose. They have not determined what the market will call for as it relates to the width for the balance of the units. Mr. Chavkin stated that they could provide a concept plan with the assumption that the units will be the 20 foot-wide and 22 foot-wide units in order to show that the required number or units will fit on the site but that he is not confident submitting a concept plan that may not represent what they will propose in the future site plan applications. Sean McCarthy stated that they would not be asking for the site plans to be finalized based on the submission of a concept plan. The Planning Board wants confidence that in fact that if the pattern of layout is continued, the entire site will be a workable project. They are not requesting to see details on the concept plan. The approved Riverfront Development Concept plan has changed several times during the site plan approval for Block-J and site plans for Blocks O/P can be fine-tuned during the subsequent applications. Peter Chavkin agreed to provide a concept plan for the layout of the balance of Blocks O and P with the understanding that it will be a concept plan and it will change. Sean McCarthy stated that the applicant is only asking for the approval for two blocks and that the Planning Board is just requesting to see an overall site plan in context. Peter Chavkin stated that they will submit a concept plan for the balance of Blocks O and P by the submission deadline for the next meeting. Chairperson Hsu asked Peter Chavkin to provide more details on why they are so reluctant to determine the market concerns for the balance of the Block O and P development. Peter Chavkin stated that significant analysis is completed every time they want to introduce a new product to determine not just what fits in a three dimension plan but also what consumers want to buy and what home builders want to build. James Fitzpatrick stated that this is one of the reasons why they programmed for as much customer selected variability in the first phase of the project. Discussion ensued on procedures for closing the public hearing and time frame for resolution approval. Motion was made to adjourn the public hearing to the November 19, 2020 meeting and to direct staff to prepare a draft resolution. Moved: Harries Seconded: McCarthy Chairperson Hsu - yes Kersten Harries - yes Tom Andruss- yes Erin Carney - yes 13 (10/22/20) �Matthew Brennan - yes Ed McCarthy - yes Vote 6-0 APPROVED 4. Sleepy Hollow Residences, LLC, Edge-on-Hudson Riverfront Development, 2 Maxwell Drive, Phase II, Block-F, Amended site plan - Public hearing Mark P. Weingarten, Esq. is a partner in the law firm of Delbello Donnellan Weingarten Wise & Wiederkehr, LLP representing the applicant. Mr. Weingarten stated that the original site plan approval for Block-F permitted (426) parking spaces in the garage. Upon preparation of the construction drawings, it was determined that the Zoning Code actually required (1) more parking space; bringing the total to (427) parking spaces. It was determined that the current size of the garage could accommodate an additional (50) parking spaces; providing a total of (477) spaces. The surplus parking spaces will be used to satisfy the deficit of the (1) parking space for Block-F and the balance of the parking spaces will be used to be used for the future commercial uses of Block-H. Motion was made to open the public hearing. Moved: Chairperson Hsu Seconded: McCarthy Vote 6-0 Chairperson Hsu solicited comments from the public. There were no comments from the public. Chairperson Hsu solicited comments from the Board. There were no comments from the Board. Chairperson Hsu asked David Smith to read the draft resolution. David Smith stated that a draft resolution has been prepared, circulated to the Planning Board, and reviewed by the applicant. Mr. Smith read the last resolved clause and the conditions on the resolution. Motion was made to close the public hearing. Moved: Chairperson Hsu Seconded: Andruss Vote 6-0 Motion was made to approve the draft resolution. Moved: Chairperson Hsu Seconded: Harries Chairperson Hsu - yes Kersten Harries - yes Tom Andruss - yes Erin Carney - yes Matthew Brennan - yes Ed McCarthy - yes 14 (10/22/20) �Vote 6-0 APPROVED 5. GYT Leasing Inc., 215 North Broadway, Amended site plan - Presentation Grace Gruseskas is the graphic designer for Gloede Neon Signs representing the Chestnut Market for a proposed site plan amendment and stated that they are requesting approval to install one sign on the front fa9ade and one sign on the road side of the building. Ms. Gruseskas referenced the comments received and stated that although it is a Mobil Mart, the lettering proposed for the signs is designed to portray a more upscale image in order to be in keeping with the architectural design of the building and the neighboring properties. They followed the size guideline for the signs that states that no sign should be larger than 24 inches and that the designed the trademarked logo that is more of a triangular shape. They propose that the front fa9ade sign will include the Chestnut squirrel at two foot-high with letters to include a 16 inch letter C that would equal a total width of 10 feet or a total width of 12 feet 6 inches if you include the width of the squirrel. The same size logo and letters are proposed for the road side sign in a justified right version since it is closer to the intersection. Motion was made to open the public hearing. Moved: Chairperson Hsu Seconded: Carney Vote 6-0 Chairperson Hsu stated that comments were prepared by David Smith to detail the specific sign design guidelines and to request that the proposed signage be adjusted to comply with the Village's Zoning Code. A supplemental submission has not be received to indicate that the signage sizes have been reduced. Chairperson Hsu stated that she is referring the applicant to the Zoning Board of Appeals to apply for a variance for signage at the proposed dimensions. Grace Gruseskas asked David Smith if the proposed logo on top of the letters is considered in the entire height. David Smith stated that the code says that the maximum vertical dimension of any signage against a building should be 24 inches. When you look at the fa9ade design the logo and the lettering seem to exceed 24 inches. The code also states that for circular, oval, square, or nonrectangular signs, the total sign area shall not exceed 9 square feet. Mr. Smith stated that his comments illustrated how he made the calculations but that he didn't receive a response to confirm if his methodology was correct. The application is being referred to the Zoning Board of Appeals in order for them to clarify the allowable sign dimensions and to decide if the application requires a variance. If a variance is required and granted, the application can then come back before the Planning Board for amended site plan approval. Motion was made to refer the application to the Zoning Board of Appeals. Moved: Chairperson Hsu Seconded: Vote 6-0 Motion was made to adjourn the public hearing to the November 19, 2020 meeting. Moved: Chairperson Hsu Seconded: Harries Vote 6-0 Chairperson Hsu - yes 15 (10/22/20) �Kersten Harries - yes Tom Andruss - yes Erin Carney - yes Matthew Brennan - yes Ed McCarthy - yes Vote 6-0 APPROVED 6. Ivan and Sonia Vukusic, 143 Webber Avenue, Proposes subdivision - Presentation Michael Stein, P.E., is the President of Hudson Engineering & Consulting, P.C. representing the applicant. Mr. Stein presented the proposed three-lot subdivision site plan and stated that they propose to subdivide the property to create (2) additional lots along the frontage of Webber Avenue. The existing three-family house will remain as Lot #1 with 17,087 square feet. Lot #2 is proposed to have 5,763 square feet and Lot #3 is proposed to have 5,869 square feet. Mr. Stein stated that he received the review memo prepared by David Smith stating that a 50 foot frontage is required for the proposed lots and that the application will be referred to the Zoning Board of Appeals for approval. Mr. Stein stated that there are provisions in the code and that the Planning Board has the discretion to adjust requirements but that he does not object to the referral because they will also be required to get approval for a three-family non-conforming use within the zoning district. Mr. Stein stated that as per the request of James Natarelli, they contracted a wetlands soil scientist to confirm the presence of wetlands and have submitted a letter from William Kenny Associates LLC. The recent memo received from James Natarelli requested that they investigate a property off site. Mr. Stein stated that they do not have the right to go on someone's private property and if this was required, it should have been requested at the last meeting to avoid the applicant paying the soil scientist a second time. They are not sure they can get access to the other property and can't confirm if they will be able to comply with the request. Mr. Stein stated that they have submitted the required documents to the New York State Department of Environmental Conservation to request a determination on the potential presence of wetlands at the site. Motion was made to open the public hearing. Moved: Chairperson Hsu Seconded: Andruss Vote 6-0 Michael Stein stated that they will submit documents supporting the easement and that they do not propose to increase any use of the easement area and it currently serves the existing property to the rear. Chairperson Hsu solicited comments from the public. Phil Zegarelli stated that he and his wife own 141 Webber Avenue. Mr. Zegarelli stated that he appreciates that the application has been referred to the Zoning Board. Mr. Zegarelli requested that the Planning Board schedule a site visit so they can see that the application submission and the presentation does not indicate the magnitude of putting two additional houses on the property. Mr. Zegarelli requested that a Code 53 be issued to make sure that all of the utilities are properly located. Mr. Zegarelli described the concerns they have regarding the 16 (10/22/20) �encroachment, the use of the proposed flag lot entrance, the accessibility of the existing stone bridge, and the seasonal stream. A letter prepared by Phil Zegarelli was also send to the Planning Board to submit as public comments- (See attached Exhibit #1) There were no further comments from the public. Motion was made to refer the application to the Zoning Board of Appeals. Moved: Chairperson Hsu Seconded: Andruss Vote 6-0 James Natarelli asked Sean McCarthy who owns the adjacent property south of the bridge. Michael Stein stated that Phil Zegarelli owns the adjacent property. James Natarelli asked if it was appropriate to ask Mr. Zegarelli for permission to access his property tonight to investigate the presence of the intermittent stream. Phil Zegarelli stated that he has no objections to granting access to his property. Michael Stein stated that he will get his contact information from Sean McCarthy and contact him to schedule a visit. James Natarelli stated that as per his memo, Michael Stein will need to submit the requested information so that he may continue his review. Phil Zegarelli stated that he has a GPS survey completed by TC Merritts that he is willing to share the thumb drive of the original. Michael Stein stated that he will ask TC Merritts for the map and prepare an overall map. Motion was made to adjourn the public hearing to the November 19, 2020 meeting. Moved: Chairperson Hsu Seconded: McCarthy Chairperson Hsu - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Matthew Brennan - yes Ed McCarthy - yes Vote 6-0 Vote 6-0 APPROVED 7. LL Parcel I, LLC, Edge-on-Hudson Riverfront Development, 101, 203, and 30 Legend Drive, Phase I, Block-I amended site plan approval- Preliminary presentation 17 (10/22/20) �Andrew Tung is an Associate of Divney Tung Schwalbe LLP representing the applicant. Mr. Tung shared aerial photographs and stated that Block-I is located parallel to the Metro North tracks on the eastern side of the development. The three buildings are located on 4.6 acres with a total of 188 apartments and received amended site plan approval in September of 2019. Mr. Tung shared drawing SP-0.1 and stated that they are proposing refinements to the swimming pool and its' adjoining amenity areas and utility connections. They propose to add a second transformer between the I-2 building and the I-3 building and to relocate one parking space behind the I-3 building as necessary for the transformer installation. Additional grading changes are proposed along the frontage of the I-2 building and the frontage and north side of the I-1 building. Mr. Tung shared an illustrative drawing of the pool area and stated that they propose to shift the location of the pool and add a pool pump house at the east end. Decorative paving is proposed to be added around the pool area and at the two amenity spaces at the I-1 and I-2 buildings. Additional landscaping is proposed at the front of the pool and along the fenced areas. The proposed pump house building will include a room for the pool equipment, two restrooms, and a dog wash room with an entrance from the parking area only. Mr. Tung shared a drawing and summarized the architectural materials proposed for the pool pump house. Mr. Tung shared a drawing and described where the proposed transformer will be located and how it will be screened with landscaping. Chairperson Hsu solicited comments from the Board. James Natarelli asked Andrew Tung if the box labeled TEL at the I-2 building can be moved off of the existing water main or out of the easement. Andrew Tung stated that he will verify if it can be moved and that they intend to propose an easement for the water main to the Village that would permit additional utilities to be located within the easement if the utilities were not to interfere with the operation of the water main. James Natarelli stated that there appears to be outdoor heating units inside the easement left of the I-2 building. Andrew Tung stated that the structure is a gas powered fire pit and it can be relocated if necessary. James Natarelli asked Andrew Tung to confirm if the water feed for pool pump house is from the I-2 building and if all of the outdoor pool areas are served by the pool pump house. Andrew Tung stated that he believes that water feed comes from the I-1 building but he will check with his associate and confirm James Natarelli stated that if the water feed has the ability to come from the I-1 building, he would suggest that all of the utility connections and fixtures stay on one parcel. 18 (10/22/20) �Chairperson Hsu asked David Smith to explain the approval process permitted for this application. David Smith stated that the Planning Board has the discretion to approve a minor site plan amendments without the formal process. As directed by the Planning Board, a draft resolution has been prepared. Mr. Smith read the last resolve clauses of the draft resolution. Motion was made approve the draft resolution. Moved: Chairperson Hsu Seconded: McCarthy Chairperson Hsu - yes Kersten Harries - yes Tom Andruss - yes Erin Carney - yes Matthew Brennan - yes Ed McCarthy - yes Vote 6-0 APPROVED 10. Approval of minutes- September 17, 2020 Motion was made to approve the September 17, 2020 minutes. Moved: Chairperson Hsu Seconded: Harries Chairperson Hsu - yes Thomas Andruss - abstained Kersten Harries - yes Erin Carney - yes Matthew Brennan - yes Ed McCarthy - yes Vote 5-0-1 APPROVED Motion was made to adjourn the meeting at 11:16 PM. Moved: Chairperson Hsu Seconded: Vote 6-0 19 (10/22/20) Respectfully submitted, Pamela Kroll Secretary to the Planning Board �EXHIBIT #1 DECEIVED OCT 1 3 2020 B U I L D I N G DEPT, VILLAGE OF SLEEPY H O L L O W To the Chairperson and Members of the Village of Sleepy hollow Planning Board. The owner's house (unlike ours) has a 3-family (maybe even a 4 family) non-conforming house in a one family zone (R-3). The Vukusic application indicates that he has a one family. Their property currently has 28,719 sq feet and with the 2 family carve-out that leaves him 17,087 sq feet: the 2 new lots would have 5,869 and 5,763 square feet for each, respectively. This makes his current 3 family house even more of a non-conforming parcel. Of course, zoning provides that an existing non-conformity should not be increased absent a ZBA application. Our "141" residence is a one family conforming residence and utilities water are on the north side. Note that the postal addresses for this location are 143,145A and 145B: three separate designations. We believe that the aforementioned appears to be a significant flaw to their application and that any hearing be discharged until rectified. We note that Vukusic told both my wife and me that he was going for only one new lot. We told him that we could understand one new lot but that, among other issues, the stone bridge that my wife and I own had to have a sizable no-build conveyance on the north side in the event that our bridge (which he has only an easement over) for access when it might require work or repair. We understand and believe that utilities to 143 and 141 both transit the our property. We believe a full "code 53" mark out should be done before any hearing. With this subdivision application, We believe that Vukusic would now require at least a 20 foot frontage on Webber Avenue. His application indicates he has 14 feet but I assume by his application Vukusic has added our own 6.21 feet north of our bridge to get to his required 20 feet. This leaves him with a bogus flag lot. He has also inferred that his easement over our bridge is added to his for the application process, which is impermissible, as he is not the fee owner of the bridge, we are. Please see a copy of our deed and survey attached. The �easement was recorded in the Westchester County Clerk's Office, Division of Land Records, on January 22, 2002, at Control Number 420140206, and reported in our title (please see attached recorded easement agreement, which could be invalidated as to Vukusic as the Easement provides that it is contingent as "provided that the buildings and improvements on Parcel 1 are limited to their present use (pg. 1, first "1"))- Accordingly, if the present use and improvements of this Parcel 1 are changed or modified by this application, it could result in the Vukusic property losing the non-exclusive access and egress easement across our property off of Webber Avenue. The easement was tagged to allowing me to cross his property to get to a portion of ours some 40 years ago. At his request and our expressed desire, we re-did our road and do not require his easement now. Yet he enjoys/has our easement on the application (front page) and is taking advantage of it. The only obligation that Vukusic has to us is to pay 50% for repairs, which he hasn't. As I stated before, we own the bridge, we pay taxes on the bridge and we insure the bridge. As per above, if this application is approved, this easement in favor of Vukusic should be removed and Vukusic should now build his own road access to his 3-family house. Another problem is surface and natural drainage. Vukusic claims no wet lands yet we have at the least a seasonal stream that starts on his property. With virtually all ground cover gone for the 2 new houses, we will have additional runoff: with the water ending up into the Hudson River via the Pocantico River. I believe for this reason and because of the unique history and topography of the site and surrounding properties, this application merits a full and thorough environmental review. We note that the proposed new lot closest to the Kringas family will have power lines over the future home: we question the safety and legality since this would require the pole to be moved (at whose cost?). As an FYI, this is the current source of both electric power to Vukusic and Zegarelli's own residential power. In regard to this and other matters regarding utilities, we ask that the VSH request a "code 53" be called out to visualize the locations of all utilities and services. We look for reconfirmation that the hearing is to be held: kindly forward �"Zoom" codes and numbers. Thank you for your time and consideration in this matter. If there are any questions or the need for additional information, please contact me. We leave open our opportunity to provide additional concerns and commentary as the occasion may arise. Sincerely, Philip and Barbara Zegarelli � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-2020 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_2020-10-22 Subject The topic of the resource Planning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/924779466db8e0cb57a7416da3aaf52a.pdf 8cc037028904ee9142dcecb54b92701e PDF Text Text RESOLUTION Adopted at the November 19,2020 Meeting of the Village of Sleepy Hollow Planning Board RESOLUTION: SITE PLAN APPROVAL PROPOSED: Townhouse Development LOCATION: 30 Andrews Lane TAX MAP DESIGNATION: Section 115.11-1-38 ZONING: R-5 Multiple Residence/ Medium Density 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 construction of one five unit townhouse building and one four unit townhouse building, related stormwater management improvements and utility improvements serving the site (the Proposed Project), submitted on behalf of Frank Cenquiera (the Applicant); and WHEREAS, by way of background, an Application for site plan approval was initially submitted to the Planning Board in 2016 which included a total of 12 townhouse units but with a different applicant. The Application was subsequently revised but due to inactivity in the application process and lack of response to specific Planning Board comments and Requests for additional information the Application was terminated by the Planning Board; and WHEREAS, as noted above the Applicant has prepared updated plans and responded to principal comments raised; and WHEREAS, the Planning Board has reviewed the following materials: 1. 2. Site Plan application, dated 5/6/20 signed by Jonathan Villani on behalf of the Applicant; Site plan drawings last revised 6/30/20 unless otherwise noted: a. Cover Sheet (A-001), prepared by John J. Annunziata Licensed Professional Engineer b. General Notes (A-002), prepared by John J. Annunziata Licensed Professional Engineer c. Existing Survey (A-003), prepared by John J. Annunziata Licensed Professional Engineer d. Construction Logistics Plan (A-004), prepared by John J. Annunziata Licensed Professional Engineer e. Proposed Site Plan (A-005), prepared by John J. Annunziata Licensed Professional Engineer f. Proposed Site Lighting Plan (A-006), prepared by John J. Annunziata Licensed Professional Engineer Page 1 of 5 �g. Site Plan with Surrounding Properties (A-007), prepared by John J. Annunziata Licensed Professional Engineer h. Site Plan Details (A-008), prepared by John J. Annunziata Licensed Professional Engineer i. Fair Housing Act (A-009), prepared by John J. Annunziata Licensed Professional Engineer j. Foundation Plan (A-100, A-100B), prepared by John J. Annunziata Licensed Professional Engineer k. Foundation Plan Building B (A-100B), prepared by John J. Annunziata Licensed Professional Engineer I. First Floor Plan Building A (A-101), prepared by John J. Annunziata Licensed Professional Engineer m. First Floor Plan Building B (A-101B), prepared by John J. Annunziata Licensed Professional Engineer n. Second Floor Plan Building A (A-102), prepared by John J. Annunziata Licensed Professional Engineer o. Second Floor Plan Building B (A-102B), prepared by John J. Annunziata Licensed Professional Engineer p. Third Floor Plan Building A (A-103), prepared by John J. Annunziata Licensed Professional Engineer q. Third Floor Plan Building B (A-103B), prepared by John J. Annunziata Licensed Professional Engineer r. Roof Plan Building A (A-104), prepared by John J. Annunziata Licensed Professional Engineer s. Roof Plan Building B (A-104B), prepared by John J. Annunziata Licensed Professional Engineer t. First Floor Electric Plan Building A (A-105), prepared by John J. Annunziata Licensed Professional Engineer u. Second Floor Electric Plan Building A (A-106), prepared by John J. Annunziata Licensed Professional Engineer v. Third Floor Electric Plan (A-107), prepared by John J. Annunziata Licensed Professional Engineer w. First Floor Electric Plan Building B (A-108), prepared by John J. Annunziata Licensed Professional Engineer x. Second Floor Electric Plan Building B (A-109), prepared by John J. Annunziata Licensed Professional Engineer y. Third Floor Electric Plan Building B (A-110), prepared by John J. Annunziata Licensed Professional Engineer z. Building Elevations (A-201, 202, 203, 204, 205), prepared by John J. Annunziata Licensed Professional Engineer aa. Stair Details (A-301), prepared by John J. Annunziata Licensed Professional Engineer bb. Building Section (A-302), prepared by John J. Annunziata Licensed Professional Engineer Page 2 of 5 �cc. Landscape Plan (A-401), prepared by John J. Annunziata Licensed Professional Engineer dd. Renderings (two sheets), prepared by Annuziata & Villani Design Consultants, Inc. undated ee. Demolition Plan (C-l), prepared by Hudson Engineering & Consulting, last revised 10/6/20 ff. Sediment and Erosion Control Plan (C-2), prepared by Hudson Engineering & Consulting, last revised 10/6/20 gg. Site Layout (C-3), prepared by Hudson Engineering & Consulting, last revised 10/6/20 hh. Stormwater Management & Utility Plan (C-4), prepared by Hudson Engineering & Consulting, last revised 10/6/20 ii. Emergency Vehicle Access Plan (C-5), prepared by Hudson Engineering & Consulting, last revised 10/6/20 jj. Details (C-6-8), prepared by Hudson Engineering & Consulting, last revised 10/6/20 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Short Environmental Assessment Form, dated 5/5/20 signed by Jonathan Villani; Zoning Compliance Form, dated 5/5/20, signed by John Annunziata; Tax documents from the Village of Sleepy Hollow, dated 12/3/19; Property Deed recorded 6/5/20; Stormwater Management Plan and Drainage Analysis last revised 4/23/20 prepared by Hudson Engineering and Consulting. Review memo and correspondence from Planning & Development Advisors dated 5/12/20 and 9/15/20; Review memos from Dolph Rotfeld Engineering A Division of Al Engineers, Inc., P.C. dated 5/18/20, 7/14/20,9/15/20 and 10/21/20; Review memos from Sean McCarthy, Village Architect dated 5/13/20, revised 7/15/20 and 9/15/20; Correspondence from Hudson Engineering & Consulting dated 7/1/20, 8/28/20 and 10/6/20. Correspondence from Sarah Smiley dated 8/13/20 and Arline Segal and Melissa LohmanWild dated 9/17/20. WHEREAS, the proposal was discussed by the Planning Board at public meetings on 5/21/20, and 6/18/20 at which time the Planning Board scheduled a public hearing; and WHEREAS, the Planning Board held a public hearing on 7/16/20 in which all members of the public were invited to be heard and said public hearing was carried over and subsequently closed on 11/19/20; and WHEREAS, during the course of the site plan review process, various members of the Planning Board visited the site to acquaint themselves with the site; and WHEREAS, in the course of its review and pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 of the Environmental Conservation Law, the Planning Board has made the following findings and caused, noted or conducted the following activities: Page 3 of 5 �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; 4. Held a duly noticed public hearing; and 5. Considered the factors set forth in Village Code Sec. 450-67.A. NOW, THEREFORE, BE IT RESOLVED, that Planning Board, after review of the materials submitted, public comments and recommendations and the EAF including parts 2 and 3, has determined that the proposed action is an Unlisted Action and has been determined not to have a significant impact on the environment or is otherwise precluded from environmental review under Article 8 of the Environmental Conservation Law; and, be it further RESOLVED, that the Applicant shall continue to work with the Village Architect to refine the final architecture with the following goals: incorporating existing neighborhood precedent house designs; lower the overall roofline; emphasize the individuality of the townhouse units with vertical breaks; and use of a variety of fa?ade materials and colors; and, be it further RESOLVED, that prior to the issuance of a foundation permit from the Building Department, the Applicant shall submit to the Planning Board final architectural plans for review and approval; and, be it further RESOLVED, that the said Application for site plan approval relative to construction of one five unit townhouse building and one four unit townhouse building and other related improvements as shown.on the site plan dated last revised 6/30/20 and as may be subsequently revised with the approval of the Village Architect, 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, 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 & 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 building permit being issued; 2. The last revised dates on all site plan drawings shall be updated, provided there are no changes to the drawings, prior to the issuance of a building permit; 3. Documentation, sufficient in form and substance for the Village Engineer that the list of items outlined in the Village Engineer's 10/21/20 correspondence have been incorporated onto the Site Plan drawings or otherwise addressed; 4. Documentation, sufficient in form and substance for the Village Architect that the list of items outlined in the Village Architect's 9/15/20 correspondence have been incorporated onto the Site Plan drawings or otherwise addressed; Page 4 of 5 �5. Documentation, sufficient in form and substance to the Village Attorney, for the establishment of an easement between the subject site and the adjacent Village of Sleepy Hollow parking lot. 6. Prior to issuance of a Building Permit, the Applicant must provide to the Building Department an "Approval of Plans for a Water Main Extension" and an "Approval of Plans for a Sanitary Sewer Main Extension" from Westchester County Department of Health with respect to the proposed water and sanitary sewer mains shown on the site plan. 7. Prior to the issuance of a building permit the Applicant shall submit, sufficient in form and substance to the Village Attorney, proposed homeowner association language. 8. Prior to the issuance of a building permit that Applicant shall pay the required Recreation Fund fee in accordance with Chapter 200-5 of the Village Code. 9. Prior to the issuance of a Certificate of Occupancy, an as built survey shall be provided to the Village Building Department, and 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 IE OF SLEEPY HOLLOW the undersigned ^Ctoffc/D&uty Clerk, do hereby certify thattoeforegoingtoa true copyoTan^xtract duly adopted by the Board of Thntee^^ming/Zoning of the Village of Sleepy Hotow, on Ihe of I O M ^ a A W ' . 2 0 ^ O and of the whole thereof, and I further certify that the same was entered into the minutes of the meeting of said Board of Trustees/Pianning/Zoning held on said date. IN WITNESS WHEREOF, I have hereunto set my hand »1 this^H day of Q ^ 4 K 7 2 0 ^^p>eputyC(erk t * «U Page 5 of 5 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-2020 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_2020-11-19_30-Andrews-Lane-Approved-Resolution Subject The topic of the resource Planning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/eb5f9f526020c5620636f09c56b4f995.pdf 3d89fc2524885e990ecbce6da8222e07 PDF Text Text RESOLUTION Adopted at the October 22,2020 Meeting of the Village of Sleepy Hollow Planning Board RESOLUTION: BLOCK F SITE PLAN AMENDMENT APPROVAL PROPOSED: Edge on Hudson Phase 2 Block F LOCATION: 2 Maxwell Drive TAX MAP DESIGNATION: Section 115.10-1-6.1 ZONING: RF - Riverfront District WHEREAS, the Planning Board of the Village of Sleepy Hollow (the Planning Board) has reviewed an application for site plan amendment 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 property known as Block F 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 Sleepy Hollow Residences LLC (the "Applicant"); and, WHEREAS, Block F was included as part of the Phase 2 redevelopment of the Project which included 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, and 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; 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 Page 1 of 5 �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); and WHEREAS, the Applicant has commenced with the construction of Block F and has identified that the originally approved parking garage was oversized and that there is now an opportunity to create an additional 51 off-street parking spaces for a total of 477 spaces without any change to the height of the structure or any material architectural change; and WHEREAS, the Applicant has proposed that 51 off-street parking spaces will be added to the garage, 32 spaces are to count toward the future development of Block H and 18 spaces are proposed to count toward the future Block M parking requirement; and WHEREAS, the Planning Board reviewed and considered the Application at its meetings on 9/17/20 and 10/22/20; and, WHEREAS, on 10/22/20 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 Planning Board has reviewed the following materials: • • • Application for Site Plan Approval, 9/11/20 prepared by Hines on behalf of Sleepy Hollow Residences LLC. Cover letter dated 9/3/20 prepared by DelBello Donnellan Weingarten Wise & Wiederkehr, LLP Partial Site Plan Set prepared by Kimley Horn of New York, P.C. (KHNY) and last revised 8/24/20 unless otherwise noted, consisting of the following: a. Cover Sheet; b. Site Layout, Parking and Paving Plan; Page 2 of 5 �c. • • • Architectural Site Plan, last revised 7/2/20, prepared by Dwell Design Studio (DDS); d. Zoning and Jurisdictional Code Series, last revised 7/2/20, prepared by DDS; e. Land Title Survey, last revised 9/1/20, prepared by Control Point Associates, Inc. PC Site Plan Approval Application Architecture and Landscape Architecture, prepared by Sleepy Hollow Residences LLC (SHR), dated 9/14/20; Environmental Assessment Form, dated 9/3/20, signed by Peter Wise on behalf of the Applicant; Zoning and Site Requirements Summary dated 8/31/20, prepared by PZR Report 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; and 2. Requested, received and considered comments from the Village Engineer, Village Attorney, Village Planner and Village Architect about the proposed Building F site plan amendments which were provided in written form or discussed with the Board during the course of the Planning Board meetings. 3. Requested, received and reviewed a Short Environmental Assessment Form; and 4. Held a duly noticed public hearing. NOW, THEREFORE, BE IT 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; Page 3 of 5 �2. Consistent with social, economic and other essential considerations, from among the reasonable alternatives available, the proposed Block F site plan amendment 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, 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, subject to conditions and modifications identified below: 1. All conditions from the initial Phase 2 Site Plan approval adopted by the Planning Board on December 20, 2018 shall remain in full force and effect. 2. 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 updated building permit application for construction of Building F 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. 3. 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. 4. 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 the F Building. 5. 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. 6. All conditions identified in the Village Board's June 7, 2011 Special Permit shall remain in full force and effect. Page 4 of 5 �7. 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 wacopy of an oxtraot duly adopted bytttaBoard of InOtmlPimninglZmif^ of tha Viage of Sleepy Hollow, davof . 2 0 ^ 0 and flf (ho wholefoereof,and I further eertify that the same w$§ entered Mo the minutes of the of said Board m WJTNESi WHEREOF, I have hereunto fat myhand Page 5 of 5 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-2020 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_2020-10-22_EOH-Phase-II_-Block-F-Approved-Resolution Subject The topic of the resource Planning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/3138b18723f6b52d313bb344a99611b1.pdf dd7d1fa30d11f026748ca0fb906a2132 PDF Text Text RESOLUTION Adopted at the October 22, 2020 Meeting of the Village of Sleepy Hollow Planning Board RESOLUTION: SITE PLAN AMENDMENT APPROVAL PROPOSED: Edge on Hudson Phase 1 - Block I LOCATION: 102, 203, and 305 Legend Drive TAX MAP DESIGNATION: Section 115.10-1-1.7, 1.8 and 1.9 ZONING: RF - Riverfront District WHEREAS, the Planning Board of the Village of Sleepy Hollow (the Planning Board) has reviewed an application for a site plan amendment (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 Phase 1 Block I of 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, the Application is submitted on behalf of LL Parcel I LLC (the "Applicant"); and, WHEREAS, previously the Applicant was granted a Site Plan Amendment Approval on or about 9/19/19; and WHEREAS, the currently proposed site plan amendments include refinements to the swimming pool and amenity area between Buildings 1-1 and' 1-2, the addition of an electrical transformer for Building 1-3 and grading revisions along the north and west sides of Building 1-1 and the west side of Building 1-2 ( collectively the "Proposed Action"); and Page 1 of 4 �WHEREAS, on 10/8/20 the Applicant submitted to the Planning Board the following materials: Application package consisting of: 1. Cover Letter from Diveny Tung Schwalbe (DTS) 2. Executed Planning Board Application Form 3. EAF short form 4. Coastal Assessment Form 5. Zoning Compliance Form 6. Owners of Record within 200' radius of Block I parcels 7. Set of full size drawings (see list below). 8. Site plan drawings last revised 10/8/20 unless otherwise noted: a. Cover Sheet, Divney Tung Schwalbe (DTS) (SP-0.1); b. Block I Layout Plan (SP-1.0), DTS; c. Block I Grading and Drainage Plan (SP-2.0), DTS; d. Block I Utility Plan (SP-3.0), DTS; e. Block I Landscaping Plan (SP-4.0), DTS; f. Block I Landscape Details (SP-4.1), DTS; g. Block I Erosion and Sediment Control Plan (SP-7.0), DTS; h. Block I Erosion and Sediment Control Details (SP-7.1), DTS; i. Block I Pool Area Detail Plan, (SP-8.0), DTS; j. Site Details (SP-8.1, SP-8.2-SP-8.3), DTS; k. Block I Lighting Photometric Plan (LP-1.0) DTS; and 1. Existing Conditions (Ex-1.0), DTS. WHEREAS, at a duly noticed Planning Board work session was held on 10/15/20 where the Planning Board did discuss the proposed site plan amendments; and Page 2 of 4 �WHEREAS, the Applicant met with the Planning Board on 10/22/20 to review the Proposed Action; and WHEREAS, pursuant to 6 NYCRR Part 617, the SEQRA regulations, the Planning Board has made the following findings and caused, noted or 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 Board during the course of the Planning Board meetings; 3. Requested, received and reviewed a short Environmental Assessment Form and Coastal Assessment Form; and NOW, THEREFORE, BE IT RESOLVED, that having reviewed the entire record as noted above, in relation to the previously approved Special Permit, Riverfront Development Concept Plan, and Phase 1 Block I Site Plan approval as amended, the Planning Board determines that based on Section 450-16.D of the Village Code the Proposed Action includes minor site plan adjustments to the approved plan; and be it further RESOLVED, all other conditions identified in the Village Board's 6/7/11 Special Permit and the Planning Board's 5/17/18 and 9/19/19 Site Plan Approvals shall remain in full force and effect;7 and be it further t » Page 3 of 4 �RESOLVED, that documentation, sufficient in form and substance, for the Village Engineer to determine that the list of items outlined in their 10/21/20 and 10/22/20 correspondence have been incorporated onto the site plan drawings. PLANNING BOARD VILLAGE OF SLEEPY HOLLOW %% oar*seeMarjorieHsjuChair z>u> Date - — , — I — t h e undersighed OerWDeputy Clerk, do hereby certify that theforegoingis a fue copy of an extract duly adopted by the Board of T n « l e ^ n i n g K o n i n g of the Village of Sleepy HoRow on the ^ f l d a y of C H ^ u x and of «he whole thereof, and I further certify that the same was entered into the minutes of the meeting of said Board of Trustees/Planning/Zoning held on said date IN WITNESS WHEREOF. I have hereunto set my hand and official seaMhis^? day of 20J& 1MzJLz n "Oeputy Clerk ' a c Page 4 of 4 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-2020 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_2020-10-22_EOH-Phase-I-Block-I-Amended-Site-Plan-Signed-Resolution Subject The topic of the resource Planning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/5d89fe2f626d115136b4f2164755d9da.pdf d850709b13fee15445b6e20876b3ccaa PDF Text Text RESOLUTION Adopted at the October 22,2020 Meeting of the Village of Sleepy Hollow Planning Board RESOLUTION: SITE PLAN AND WETLAND PERMIT APPROVAL PROPOSED: Edge on Hudson Waterfront Open Space Phase One 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 wetland permit approval (the "Application") pursuant to the Village Zoning Ordinance, Chapter 450, Article X, Site Plan review, Chapter 425 Subdivision of Land, and to applicable laws and regulations considered pertinent to the Application, for the Waterfront Open Space Phase One - Site Plan and Wetlands/Watercourse Permit (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, the Application is for site plan approval of for Waterfront Open Space Phase One of the Project, including the following: improvements to an approximately 2.7 acres waterfront open space including, the creation of pedestrian paths, improvements/repair to the existing rip-rap shoreline system and the introduction of landscape plantings overlook and playscapes (collectively the "Proposed Action" or "Waterfront Open Space Plan"); and, WHEREAS, the Application is in furtherance of the 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 Environmental Findings (as hereinafter defined) issued on July 24, 2007, and on January 25, Page 1 of 10 �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, the Planning Board initially reviewed and considered the Application at its 6/18/20,7/16/20,9/17/20 and 10/22/20 regularly scheduled meetings; and, WHEREAS, after the 6/18/20 meeting the Planning Board requested input from the Village Board of Trustees (hereinafter the "Village Board") to ensure that the Phase One Waterfront Open Space plan was in keeping with the goals and objectives of the Village Board with respect to project design and ultimately the required upkeep and maintenance of this important piece of Village infrastructure and its relationship to the approved RDCP; and WHEREAS, the Village Board met on 7/14/20 and found no objection to the proposed Waterfront Open Space Plan; and WHEREAS, on 7/16/20 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 on 10/22/20; and WHEREAS, the Site Plan were reviewed and comments sought from the Village's Highway Superintendent, and Emergency Services Departments; and, WHEREAS, the Planning Board has reviewed the following materials: • Application package dated 6/4/20 consisting of: - Cover Letter from Divney Tung Schwalbe dated 6/4/20 - Village of Sleepy Hollow Planning Board Application Forms - Site Plan Drawing Set (see below) • Review memos and correspondence dated 6/12/20, 9/4/20 and 10/16/20 from Woodard & Curran Engineering, Village Consulting Engineers; Page 2 of 10 �Review memos and correspondence dated 6/15/20, 7/29/20 and 7/29/20 from Planning & Development Advisors, Village Planning Consultant; Review memos dated 6/19/20 and 9/15/20 from the Village Architect; Response letters/memos from Divney Tung Schwalbe on behalf of the Applicant dated 7/2/20, 8/24/20 and 10/8/20; Correspondence from Westchester County Planning Board dated 7/20/20; Shoreline Assessment Report prepared by RACE Coastal Engineering, P.C. dated 7/14/20 revised 8/13/20; Site plan drawings (collectively, the "Site Plan") submitted by the following with last revision date: a. Cover Sheet, 10/8/20, Divney Tung Schwalbe (DTS); b. Waterfront Open Space (WOS) Phase 1 Key Plan and General Notes, 10/8/20, DTS; c. WOS Phase 1 Layout & Materials Plan, 10/8/20, Nelson Byrd Woltz (NBW) (two sheets); d. WOS Phase 1 Site Sections, 10/8/20 NBW, (two sheets); e. WOS Phase 1 Site Details, 10/8/20 NBW, (three sheets); f. WOS Phase 1 Grading, Drainage and Utilities Plan, 10/8/20, DTS (two sheets); g. WOS Phase 1 Planting Schedule 10/8/20 NBW; h. WOS Phase 1 Planting Plan 10/8/20 NBW (two sheets); i. WOS Phase 1 Planting Details 10/8/20 NBW; j. WOS Phase 1 Lighting Plan 7/2/20 KGM Architectural Lighting (KGM) (three sheets); k. WOS Phase 1 Photometric Plans 7/2/20 KGM (five sheets); 1. WOS Phase 1 Erosion and Sediment Control Plan 10/8/20, DTS (two sheets); m. WOS Phase 1 Erosion and Sediment Control Details 10/8/20, DTS; n. WOS Phase 1 Contributory Drainage Map 10/8/20, DTS; o. WOS Phase 1 Electrical Cover Sheet 8/11/20 KEA Engineers (KEA); Page 3 of 10 �p. WOS Phase 1 Electrical Lighting and Distribution Plan 9/21/20 KEA (two sheets); q. WOS Phase 1 Existing Conditions Plan 8/19/20 DTS and Control Point Associates (CPA) (two sheets); and r. Subdivision Plat, 8/14/20, CPA; s. General Site Plan, 8/13/20, Race Coastal Engineering (Race), (three sheets); • Correspondence from C. Tompkins on behalf of the Applicant dated 9/14/20 responding to rip-rap repair with corresponding Shoreline Repair Plan prepared by Race Coastal Engineering dated 9/11/20 • Correspondence dated 9/16/20 from the Public Space Council. 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; and 2. Requested, received and considered comments from the Village Engineer, Village Attorney, Village Planner and Building Inspector about the proposed Waterfront Open Space Phase 1 which were provided in written form or discussed with the Board during the course of the Planning Board meetings 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 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; Page 4 of 10 �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 Planning Board did forward the WOS Plan to the Village Board who had no objection to the plan; 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 except as noted below; 4. Considered the Applicant's site phasing plan compared to that discussed in the July 24, 2007 Findings 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 Findings Statement allows for flexibility in the proposed sequence of building construction; 5. Considered the requirements of Section 418 of the Sleepy Hollow Code Wetlands and Watercourses; 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 1 Waterfront Open Space is one which minimizes or avoids adverse environmental effects to the maximum extent practicable; including effects disclosed in the environmental impact statements; and Page 5 of 10 �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. Received, reviewed, and applied 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"); and be it further. 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 the 2011 Waterfront Consistency Review noted that the RDCP for the West Parcel included approximately 2,300 linear feet of frontage along the Hudson River, with proposed fishing pier, belvederes, transient boat tie ups, interpretive center and boat house with enhanced waterfront access area. The Proposed Action currently includes plans for fishing piers, transient boat tie ups (it is noted that the proposed interpretive center and boat house with enhanced waterfront access area are anticipated to be included as part of a subsequent phase of Waterfront Open Space development). Consistent with the 2007 Environmental Findings (refer to page 38 of 129) Roseland shall be responsible for preparing, submitting and pursuing all methods for obtaining said permits and approvals from any and all regulatory agencies relative to the proposed waterside improvements, and shall provide a quarterly status report on the permitting progress to the Village Administrator, for distribution to the Mayor and Trustees, and the Planning Board. The Applicant is still responsible for the meeting the requirements of the 2007 Environmental Page 6 of 10 �Findings including the submission of quarterly status report on the permitting process. Any change in the proposed in-water improvements will require a reevaluation of the consistency of the Proposed Action with the goals and objectives of the Village's LWRP. RESOLVED, that said Application for site plan approval and wetland permit are related to the proposed Edge on Hudson Phase 1 Waterfront Open Space Plan, as dated 10/8/20, and as may be subsequently revised to comply with this resolution, 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, 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 & 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. 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 1 Waterfront Open Space 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. Documentation, sufficient in form and substance, for the Village's Engineering Consultant to determine that the list of items outlined in the Village Consulting Engineer's 10/16/20 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 9/15/20 correspondence have been incorporated onto the site plan drawings. 4. Prior to the offer of dedication to the Village of waterfront open space, public sidewalks and pathways, lighting in public rights-of-way and landscaping in public Page 7 of 10 �rights of way, public utility lines for water and sewer service, 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, 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 section of street trees upon the acceptance by the Village of the offer of dedication of the roadway rights-of-way containing such trees. 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. 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. Page 8 of 10 �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 December 22, 2014 and recorded December 24, 2014 and any further subdivision of the East Parcel is not within the Applicant's control. 11. 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. 12. 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. 13. All conditions identified in the Village Board's June 7, 2011 Special Permit shall remain in full force and effect. 14. 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 three-dimensional 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. 15. Prior to the issuance of a Building Permit by the Village, a final construction logistics plan shall be prepared and submitted to the Building Department indicating the location of construction trailers, temporary toilet facilities, material storage, employee vehicle parking, temporary fencing, means for temporary water, means for temporary power, fuel storage and other equipment as appropriate. 16. Prior to the issuance of a Building Permit by the Village, the location of all above ground utility equipment shall be approved by the Planning Board prior to installation. Page 9 of 10 �17. Prior to the issuance of a building permit for the related work 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. The Applicant shall also provide additional details addressing the relationship of those specific areas where public access directly abuts the existing rip-rap and where required modify the rip rap design as part of a field condition so that it does not present a building code issue and may include feature stones as part of the design. 18. If directed by the Village Building Department the Applicant shall acquire approval from the New York State Empire State Development (ESD) for classification of essential construction in order for the proposed Phase 3 construction to move forward. Such approval shall be furnished to the Village Building Department prior to commencing construction. In addition, the provisions for COVID-19 health and safety shall be in compliance with applicable local, State and Federal requirements. PLANNING BOARD VILLAGE OF SLEEPY HOLLOW gg OCT*gge Date - —_ , th<? undersigned C^Deputy Clerk, do hereby certify that the foreg ig . s a ^ c o p y o f a n extract duly adopted by the Buwrd of Trusteesfcinj^Zoning of the Village of Sleepy Hollow on the i O a y of OoSfO** 2PJX) and of the whole thereof, and I further certify that the same was entered into the minutes of the meeting of said Board of Trustees/Planning/Zoning held on said date IN WITNESS WHEREOF, I have hereunto set my hand and official^al thislILday of Q U ^ W 2q££> 'xJId ^ - o ^AzmMA^^ 'eputy Clerk Page 10 of 10 ToZo � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-2020 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_2020-10-22_EOH-Phase-I-WOS_Wetland-Permit-Signed-Resolution Subject The topic of the resource Planning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/eef38d57554f619863af0ddb301af167.pdf a45a7eb46173839c137d800a2586dd3f PDF Text Text RESOLUTION Adopted at the September 17,2020 Meeting of the Village of Sleepy Hollow Planning Board RESOLUTION: Preliminary Plat Approval (Lot Line Adjustment) PROPOSED: Subdivision and Lot Line Adjustment LOCATION: County House Road and Bedford Road TAX MAP DESIGNATION: Section 115.8-2-3.1,115.8-2-3.2,115.8-2-3.3 ZONING: R-l One Family Residence, Open WHEREAS, the Planning Board of the Village of Sleepy Hollow has reviewed a subdivision application and lot line adjustment for properties owned by Stephens and Kent House LLC (the "S&K House" Lots 115.8-2-3.1 and 115.8-2-3.2) and the National Trust for Historic Preservation in the United States (the "National Trust Lot" Section 115.8-2-3.3) so as to eliminate Lot 115.8-2-3.1 and distribute the acreage between the other two lots as noted below (hereinafter the "Application") for property currently located along County House Road and Bedford Road pursuant to the Village Zoning Code, and to applicable laws and regulations considered pertinent to the Application. The Application is submitted on behalf of S&K House and the National Trust (collectively the "Applicant"); and WHEREAS, the Planning Board has reviewed the following materials: 1. Planning Board Application, dated 6/30/20, signed by John C. Schnaufer; 2. Preliminary Subdivision Plat completed 3/11/20, prepared by H. Stanley Johnson and Company Land Surveyors, P.C.; 3. Short Environmental Assessment Form, dated 6/30/20, signed by John C. Schnaufer; 4. Coastal Assessment Form, dated 6/30/20, signed by John C. Schnaufer; WHEREAS, the Application proposes to eliminate the approximately 8.44 acre Lot 115.8-2-3.1 (owned by S&K House) and a) increase the S&K Lot 115.8-2-3.2 from approximately 13.502 acres to approximately 17.626 acres and b) increase the National Trust Lot 115.8-2-3.3 from approximately 34.16 acres to approximately 38.471 acres (the "Proposed Action"); and WHEREAS, the proposal was discussed by the Planning Board at public meetings held at Village Hall on 7/16/20, and on 9/17/20 a public hearing was opened on 9/17/20 in which all members of the public were invited to be heard and said public hearing was closed the same night; 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 made the following findings and caused, noted or conducted the following activities: �1. Received an application fee; 2. Requested, received and considered c o m m e n t s from the Village Engineer, Village Planner and Building Inspector about the proposed project; 3. Requested, received and reviewed a Short Environmental Assessment Form; NOW, T H E R E F O R E , BE IT RESOLVED, that Planning Board, after review of the materials submitted, public c o m m e n t s 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 a preliminary subdivision and lot line adjustment as s h o w n on the Subdivision Plat prepared for S&K House and the National Trust dated 3/11/20 is hereby granted approval and the Applicant may obtain the endorsed approval of the Planning Board Chairperson on a copy of the resolution and the appropriate subdivision plan, which endorsement shall permit the filing of the Final Plat, 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, 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 this resolution being signed. P L A N N I N G BOARD VILLAGE OF SLEEPY H O L L O W Chair Date WlX^uOrV^- the undersigned ,1§fRpeputy Clerk, do hereby certify that the foregoing is a W c o p y of an extract duly adopted by the Board of Trustees/Planning/Zoning of the Village of Sleepy Hollow, on the V T ^ d a v of S R ^ T N W . 2 0 ^ 2 - and of the whole thereof, and I further certify that the same was entered into the minutes of the meeting of said Board of Trustees/Planning/Zoning held on said date. IN WITNESS WHEREOF, I have hereunto set my hand and official seal t h i s M _ d a y of � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-2020 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_2020-09-17_County-House-Road-Approved-Resolution-Prel-SubD-Plat Subject The topic of the resource Planning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/a19feabf9c0f352fb8d861427989e957.pdf d859b814c98d83b10134e85106aaffda PDF Text Text Village of Sleepy Hollow Planning Board Minutes September 17, 2020 The regular meeting was held in Village Hall and via Zoom webinar and called to order at 8:00 PM by Chairperson Marjorie Hsu. Residents who could not attend in person due to the COVID19 pandemic, could participate by phone and via videoconferencing. The Board and applicants participated at Village Hall and via videoconferencing. Present: Marjorie Hsu, Chairperson Erin Carney Kersten Harries Lindsay Krakauer Matthew Brennan Ed McCarthy Also Present: Clinton Smith, Village Attorney David Smith, Village Planner James Natarelli, Village Engineer Anthony Catalano, Consulting Engineer Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Planning Board Absent: Thomas Andruss Agenda: 1) Stephens and Kent House LLC National Trust for Historic Preservation, County House Road, Proposed subdivision - Public hearing 2) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase I waterfront open space, site plan and wetlands permit approval - Continued public hearing 3) Jonathan Villani, 30 Andrews Lane, Proposed townhome development- Continued public hearing 4) Roger Billharz, 467 Munroe Avenue, Proposed subdivision-final plat- Presentation 5) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase III, preliminary subdivision plat and Block- O/P partial site plan approval- Preliminary presentation 6) Sleepy Hollow Residences, LLC, Edge-on-Hudson Riverfront Development, 2 Maxwell Drive, Phase II, Block-F amended site plan - Preliminary presentation 7) GTY NY Leasing Inc., 215 North Broadway, amended site plan - Preliminary presentation 8) Ivan and Sonia Vukusic, 143 Webber Avenue, Proposed subdivision, Preliminary platPresentation 9) Approval of minutes - July 16, 2020 1 (9/17/20) �Chairperson Hsu read the following statement: Tonight's meeting and work session is being convened in accordance with the Governor's Executive Order Number 202.1 issued March 13, 2020 which suspends certain provisions of the New York State Open Meetings Law to allow a municipal board to convene a meeting via videoconferencing. In accordance with the Executive order, the public has been provided with the ability to view tonight's meeting and a transcript will be provided at a later date. I have also confirmed with our Village Clerk that this meeting has been duly noticed by posting a notice on the Villages' bulletin boards, faxing a copy to the Warner Library, faxing a copy to the Journal News and the Hudson Independent newspapers, posting a copy on the Village's website, and listing it on the Villages' Facebook page. Chairperson Hsu polled the Board members for attendance. Chairperson Hsu read the agenda. 1. Stephens and Kent House LLC and The National Trust for Historic Preservation of the United States, County House Road, Proposes subdivision- Public hearing John Schnaufer, Esq. is the attorney representing the applicants. Mr. Schnaufer stated that they are seeking approval to change a lot line and eliminate one of three lots. There is no new construction or change of use proposed. Mr. Schnaufer presented exhibits and summarized the details of the lots impacted in the application. Motion was made to open the public hearing. Moved: Chairperson Hsu Seconded: Krakauer Vote 6-0 Kersten Harries asked if there will be tax changes associated with the proposed lot change. John Schnaufer stated that the National Trust will apply for tax exemption for the acreage acquired from the Stephens and Kent House LLC lot. Chairperson Hsu asked for an estimated tax dollar amount change for the acreage change. John Schnaufer stated that he can provide the information to the Planning Board. Matthew Brennan asked why the lot line change is proposed. John Schnaufer stated that the purpose of the proposed application is to allow the Stephens and Kent House LLC to gift the deed for 4.5 acres to the National Trust. Chairperson Hsu solicited comments from the public. Mayor Ken Wray stated that the donation of land to the National Trust would diminish the taxable income to the Village and questioned the purpose and timing of the request, and the amount of the net tax change. 2 (9/17/20) �John Schnaufer stated that the land is part of the Pocantico Historic area. The existing parcel Lots 1 and 2 are currently owned by Stephens and Kent House LLC. Lot 1 is proposed to be eliminated by transferring 4.5 acres to Lot 2, and gifting 4.5 acres to Lot 3, owned by the National Trust. Chairperson Hsu stated that the 4.5 acres proposed to be gifted to the National Trust will be removed of the Village of Sleepy Hollow tax rolls. Chairperson Hsu solicited comments from the Board. Mayor Ken Wray stated that he is not opposed to the proposed lot line change. Motion was made to close the public hearing. Moved: Chairperson Hsu Seconded: McCarthy Vote 6-0 Chairperson Hsu asked David Smith to read the draft resolution. David Smith read the last whereas and resolved clauses of the draft resolution. Matthew Brennan requested a clarification of the tax dollar amount change resulting from the application. Sean McCarthy stated that the tax roll change information can be provided to the Board. Motion was made to approve the resolution. Moved: Brennan Seconded: McCarthy Chairperson Hsu - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Matthew Brennan - yes Ed McCarthy - yes Vote 6-0 APPROVED Mayor Ken Wray stated that National Historic Trust has been remarkably generous to the Village of Sleepy Hollow and that this approval outweighs the tax roll amount changes. 2. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase I- waterfront open space site plan and wetlands permit approval- Continued public hearing Motion was made to reopen the public hearing. Moved: Chairperson Hsu Seconded: Brennan 3 Vote 6-0 (9/17/20) �Andrew Tung is an associate of Divney Tung Schwalbe LLP representing the applicant. Mr. Tung stated that they submitted supplemental submissions on August 24, 2020 to include drawings and detailed responses to the comments received from the Village's consultants and members of the Planning Board. They have addressed the majority of the concerns raised by Woodard and Curran. They received a revised review memo from the Village Architect, Sean McCarthy, and comments via email from the Public Space Council. Mr. Tung presented exhibits to address the open concerns for the shoreline rip rap conditions and the preliminary plans for the proposed in-water dine and dock pier and the fishing pier structures. Mr. Tung acknowledged that the applicant would need to come back to the Planning Board for any proposed utility changes requested by the Army Corp of Engineers or the Department of Environmental Conservation for the in-water structures as they correlate with the waterfront open space. Peter Chavkin is a Managing Partner of Biddle Real Estate Ventures and stated that the Village Board of Trustees and the Public Space Council needs to confirm their decisions for the desired in-water structures before they are submitted for approvals to the Army Corp and Department of Environmental Conservation. The current plans are preliminary. Chairperson Hsu questioned if two fishing piers would eliminate the ability for vessels to dock along the shoreline. Peter Chavkin stated that fishing piers are fixed structures that would not allow for vessels to dock along the shoreline. The pier would need to be a floating structure on the water that rises and falls with the tides. David Smith requested an estimated time frame for the completion of the in-water structures. Peter Chavkin stated that the estimated time frame for the approval process from the Village, the Army Corp and the DEC are 12 to 18 months based on approval of the current plan moving forward. This time frame does not include construction. David Smith stated that boat transit is encouraged for a Hudson River project and asked if supporting letters from the Village could assist in expediting the permitting process. Peter Chavkin stated that it might help if the permit applications are submitted as a coapplications between the developer and the Village. Chairperson Hsu asked Peter Chavkin which village board or council is responsible for the decisions of the designs of the in-water structures. Peter Chavkin stated that is was not their intention to include the in-water structures in the site plan. The consultants requested to see the concepts and locations that are still in discussion with the Board of Trustees and the Public Space Council. Andrew Tung presented exhibits and assessment drawings completed by RACE Engineering for the existing rip rap conditions along the waterfront. Mr. Tung stated that the recommended improvements include resetting of displaced stones by wave action, removal and replacement of 4 (9/17/20) �stones that are inadequate in size, and incorporate new stones in the revetment to provide the armoring functions of the rip rap. Improvements are recommended for approximately twenty percent of the rip rap shoreline. Andrew Tung stated that they have no intention to invite pedestrians to walk on the rip rap and that the Village may want to consider restricting the public access to the rip rap. Chairperson Hsu stated that the Village wants to deter people from walking on the rip rap and asked Mr. Tung to provide suggestions for landscape designs that would make the rip rap less attractive for public use. Peter Chavkin stated that although the rip rap is not intended to be a pathway, they expect that it will have a lot of traffic from the public wanting to get closer to the water; similar to what occurs on the Tarrytown Waterfront, and that people will do so at their own risk. Mr. Chavkin stated that they do see it as a problem. Mr. Chavkin stated that the primary goal for the design, as directed by the Public Space Council, was to not create barriers from the public and river. If a code issue exists, they can install barriers. Mr. Chavkin stated that they will do what is directed by the Planning Board and update their plans accordingly. Mayor Ken Wray stated that the Board of Trustees and the Public Space Council have participated in several of the design sessions prepared by Nelson Byrd Woltz Landscape Architects. Mayor Wray stated that they strongly believe that access to the riverfront should be open and unobstructed and that he is opposed to putting a fence and railing along the edge of the rip rap. If there is an area in which the code requires a barrier, then he would recommend that it is limited to only the portion where it is necessary. Andrew Tung stated that they are in receipt of Sean McCarthy's updated review memo and that most of the items can be addressed with their engineers. Mr. Tung presented a study prepared by Nelson Byrd Woltz Landscape Architects to address Mr. McCarthy's comment stating that the pathways in the waterfront open space must be a minimum of 10 feet wide to allow for emergency vehicle access. Mr. Tung stated that pathways can be revised to accommodate the requirement. Chairperson Hsu asked if the width of the path is less than 10 feet, does it restrict emergency access vehicles to portions of the waterfront. Andrew Tung stated that the smaller paths could hold the emergency vehicles structurally, but some vehicles require the workable width to drive through. Peter Chavkin asked Sean McCarthy to provide details for the 10 foot width requirement. Sean McCarthy stated that the 10 foot minimum width is derived from the Westchester County RiverWalk Guidelines. Chairperson Hsu asked Mr. McCarthy if the regulation is Code or a recommendation. 5 (9/17/20) �Sean McCarthy stated that the RiverWalk Guidelines is actually wider than 10 feet. The minimum width recommendation of 10 feet was carried out throughout the design and construction of Ichabod's Landing, the River House project and the connection to the Tarrytown Riverfront Walkway. Peter Chavkin stated that the minimum 10 foot path width was internally agreed to and that it was an oversite on the coordination of the recent drawings submission in August. They are happy to meet the requirements in the areas of the pathways that need to be widened. David Smith asked Andy Tung for the width of the existing pathway that currently runs along the water. Craig Tomkins is the Construction Manager from Argent Management LLC and stated that the existing pathway along the water is 12 feet wide. David Smith agreed that the minimum path width should follow the guidelines of the 10 feet width to accommodate the pedestrian traffic happening now and anticipated in the future. Andrew Tung presented an updated drawing to show where the pathways will be widened to meet the 10 foot minimum width. David Smith stated that the Tarrytown Waterfront has a different design feature than the Edgeon-Hudson site. The rip rap at this location has a different configuration and more of an industrial design. Mr. Smith stated that the design professionals should provide a design which indicates that the access to the rip rap for this site addresses not only any Building Code issues, but confirms that the interface to the rip rap does not create a hazard to the public and a liability for the Village. Clinton Smith stated that if the design professionals believe the access to the rip rap will cause a hazardous situation, they should provide suggestions for solutions via railings or landscaping that could be implemented to reduce the hazard to the public and the liability to the Village. Peter Chavkin stated that he will consult with the design team and respond off line. Mr. Chavkin stated that they don't think there are liability concerns but ultimately it is the decision of the Village. Clinton Smith asked Peter Chavkin if a construction logistics plan has been prepared. Anthony Catalano asked Peter Chavkin if the plan before the Planning Board to approve is a concept plan. Peter Chavkin stated that the concept plan refers to the designs for the dine and dock pier and the fishing pier. The waterfront open space plan is a fully developed site plan. Anthony Catalano stated that they requested a logistics plan on their engineering memo to understand the sequence of construction and how it affects the relevant areas. 6 (9/17/20) �Peter Chavkin stated that the construction logistics plan requirements are usually included as condition of an approval. Generally they require a contractors input in determining a logistics plan and the work is not awarded until they have a final approved site plan. Their intention will be to provide a construction plan for review by the Village Building Inspector and engineers upon approval of the site plan. Jonathan Stein is a Managing Member of Diversified Realty Advisors, LLC and stated that historically it has been very important to the stake holders groups and the Waterfront Advisory Committee for the public to have a feeling of entitlement as it relates to access to the riverfront; not restricted access or fenced access, but instead to have areas where the public could go down and be part of the river. Mr. Stein stated that due to the fill activities of General Motors, the site juts into the middle of the river and allows people to get out to the edge of waterfront and closer to the lighthouse. Mr. Stein stated that past studies have shown that the history of liability experiences and injury experiences in other waterfront communities that have rip rap areas do not happen often. Mr. Stein stated that liability concerns are Board of Trustees issues rather than a Planning Board area. Mr. Stein stated that there are not high instances of people getting hurt on rip rap opportunities than there are on bulk head opportunities. Chairperson Hsu stated that a construction logistics plan for this phase of the waterfront application is important because this phase wraps around a good portion of the property and correlates with the adjacent waterfront blocks development. Kersten Harries questioned what they will do to keep the existing pedestrian path open while the waterfront open space project is under construction, and will there be time in which it will need to be closed. Craig Tompkins is the Construction Manager for Argent Management LLC and stated that they plan to construct the open space parks behind the temporary fencing as long as they can to keep the existing 12 foot wide path open. Temporary paths may be made along the garden and grassed areas. It is also anticipated that Westward Drive will be entirely paved which may allow for pedestrian use in lieu of the path along the water during construction. Peter Chavkin stated that there may be times that the path along the water is closed due to construction. Chairperson Hsu asked Anthony Catalano if he has any more comments. Anthony Catalano stated that his concerns were discussed in regards to the rip rap revetment, safety issues, the logistics plan, and permitting. Chairperson Hsu asked when the other Village bodies are scheduled to discuss the piers and the dock and dine pier designs. 7 (9/17/20) �Peter Chavkin stated that he can't speak to when the other Village bodies will meet but requested that the application not be held up by the in-water structure process. The in-water structure designs were not intended to be a part of this site plan application. Chairperson Hsu stated that she is not tying the in-water structures to this approval but is concerned on the time frame for permit approvals and as how they will be coordinated with the Local Waterfront Revitalization Plan. Peter Chavkin stated that he will commit to reaching out to the Public Space Council and the Village Board to get an estimated time frame for their approvals. Mayor Wray stated that the Board of Trustees will be making decisions for this application and other Edge-on-Hudson projects over the next couple of weeks. Mayor Wray stated that he also would not like to see this site plan approval tied to the in-water structures. He would like to see that park construction started over the winter as the time frame for the in-water structure decisions and permit approvals could take a long time. Chairperson Hsu stated that the Planning Board is eager to have the waterfront construction start but the Board would prefer to have a sense of the sequencing for the logistics plan discussed with the Village Architect, consultants, and the Edge-on-Hudson design team. Craig Tompkins stated that the Hudson Plaza project, on the south end, is set to be awarded and scheduled to start and to be completed by the end of the year. The project includes the pergola and the Hudson River map. In order for this project to get started the electrical and water infrastructure will need to be constructed within the Phase 1 waterfront open space in order to serve the Hudson Plaza. Mayor Wray stated that the decisions for the in-water structures will be made by the Board of Trustees. The Public Space Council has provided invaluable assistance to the project but they are an advisory group only and do not make decisions. Chairperson Hsu solicited comments from the public. Peter Chavkin requested that the Planning Board confirm how they would like to proceed with the rip rap interface so that they may revise the plans accordingly. Mr. Chavkin stated that a speedy approval may allow for the completion of the bulk of the waterfront work by next autumn and less of a chance if the approval is postponed to an October approval verses an approval at this September meeting. There were no additional comments from the public. Motion was made to adjourn the public hearing to the October 22, 2020 meeting. Moved: Chairperson Hsu Seconded: Brennan 8 Vote 6-0 (9/17/20) �3. Jonathan Villani, 30 Andrews Lane, Proposed townhome development - Public hearing Motion was made to open the public hearing. Moved: Chairperson Hsu Seconded: Krakauer Vote 6-0 Chairperson Hsu stated that since the application was submitted in October of 2018, there have been several interactions with the Planning Board, the consultants, and the Building Department. Although the Board wants to see this project move forward and see new homes constructed in the Village, there are still two major outstanding concerns. The application submission documents and drawings do not reflect the updates discussed. There are also concerns in regards to the Planning Board's role as the Architectural Review Board as it relates to the facade designs; the massing of the buildings in relation to the neighborhood; the requested changes in the landscape plan, and the intentions of the fourth floor space. Chairperson Hsu stated that the Planning Board would like to adjourn tonight's meeting and request that the application documents be revised and submitted by October 8, 2020 to address all of the concerns and allow them to move forward with a vote at the October 22, 2020 Planning Board meeting. Chairperson Hsu solicited comments from the public. Sarah Smiley resides a 5 Farrington Avenue and stated that she spoke at the last public hearing and made comments on the developers plans to use gas for the heating the building. Ms. Smiley stated that she had inquired if they would consider alternatives that do not rely on fossil fuel such as geo-thermal or heat pumps. She was told that alternative heat sources would be discussed with the owner. Ms. Smiley stated that she sent documentation to the Planning Board. (See exhibit No. 1) Jonathan Villani is the Design Consultant from Annuziata & Villani Design Consultants, Inc. representing 30 Andrews Lane. Mr. Villani stated that the owner plans to continue proposing natural gas for the property heat sources. Chairperson Hsu stated that the Planning Board shared the documents submitted by Sarah Smiley with Jonathan Villani. The Planning Board also received and shared additional written comments from Arline Segal of 547 Bellwood Avenue and Melissa Lohman-Wild of 145 Beekman Avenue. (See exhibit No. 2 and No. 3) There were no other public comments. Jonathan Villani stated he will meet with his design team and will prepare a submission to address the comments from the memos received from James Natarelli and Sean McCarthy by October 8, 2020. David Smith requested that the applicant provide renderings of the proposed buildings. The Planning Board, acting as the Architectural Review Board, needs to evaluate the proposed buildings as they relate to massing with the surrounding neighborhood on Andrews Lane. Motion was made to adjourn the public hearing to the October 22, 2020 meeting. 9 (9/17/20) �Moved: Chairperson Hsu Seconded: Brennan Vote 6-0 4. Roger Billharz, 467 Munroe Avenue, Proposed subdivision, Final plat - Presentation Gregory Gall, R.A. is the architect representing the applicants and stated there have not been any revisions made to the subdivision plat since the approval of the preliminary subdivision plat. Motion was made to accept the final subdivision plat and authorize approval for signature. Moved: Harries Seconded: Carney Chairperson Hsu - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Matthew Brennan - yes Ed McCarthy - yes Vote 6-0 APPROVED 5. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase III, preliminary subdivision plat and Block- O/P partial site plan approval- Preliminary presentation Peter Chavkin is a Managing Partner of Biddle Real Estate Ventures and stated that they are seeking partial site plan approval for four additional buildings to construct a total of twenty townhome units for Blocks-O/P located on Palisades Boulevard, across the street and facing the Block-J units. The townhomes are proposed to be four-bedroom units that are 20 foot-wide or 22 foot-wide. Sales have increased for the townhomes in the Phase I, Block-J townhome development. Block-J is owned by Toll Brothers and they are seeking to purchase more building lots. The purpose of the presentation is to introduce the application while Divney Tung Schwalbe LLP is working on details of a full site plan submission for the October 8, 2020 deadline for the October 22, 2020 meeting. Mr. Chavkin stated that the site plan will replicate the approval from Phase I and that they will not be seeking any changes to the Special Permit. Mr. Chavkin requested that the Board approve setting a public hearing date so that they can expedite the approval. Andrew Tung is an Associate of Divney Tung Schwalbe LLP and presented drawings and summarized the details for the twenty proposed townhome units for Block- O/P. Peter Chavkin stated that they are not seeking approval for the entire Block-O/P site plan for two reasons. First, it seems reasonable to request an expedited review and approval for a small grouping of townhomes of which will follow the same "kit of parts" approval as the Block-J townhomes. Second, they are having internal discussions as to whether or not architecture styles should change where they are closer to Kingsland Point Park; similar to what was approved for Block-J. There have also been discussions about whether or not the entirety of the Block-O/P units should follow the same size and width. 10 (9/17/20) �Chairperson Hsu asked if the total townhome unit counts will remain the same in Block-O/P as approved in the Special Permit and the Riverfront Design Concept Plan. Peter Chavkin stated that they will not seek approval for more than the approved 1,177 units. Mr. Chavkin stated that under the Special Permit approval, it provides the ability to move units around between the Blocks. Mr. Chavkin stated that there may be changes to the unit counts depending on the width of the proposed townhomes that get approved. Chairperson Hsu asked if the parking space count remains the same. Peter Chavkin stated that they are not seeking changes to the parking ratio requirements for this application. They are providing a total of four spaces per four-bedroom unit. Two spaces will be in the garage and two parking spaces will be in the driveway. Kersten Harries questioned why the proposed plan shows more green space, at the elbow of Palisades Boulevard between the blocks, than what was shown on the original concept plan. Peter Chavkin stated that the area will not be permanent green space. They anticipate that there will be another building fronting on Sleepers Haven. Kersten Harries asked if they plan on having handicapped accessible townhomes in the Blocks. Peter Chavkin stated that many of the townhomes in Block-J were designed to accommodate elevators. Mr. Chavkin stated that the builders of the townhomes would be expected to comply with the New York State Codes and meet all of the Americans with Disabilities, (ADA) requirements. Chairperson Hsu asked if the width of the proposed townhomes has changed since the original RDCP plan to provide the opportunity for the future building along Sleepers Haven. Peter Chavkin stated that he is not aware of the townhome width approved in the RDCP. The 20 foot-width and 22 foot-width of the proposed townhomes is based on the current market trends. The original site plan proposal included three different unit types consisting of 18 foot-wide townhomes, 21 foot-wide townhomes, and 24 foot-wide townhomes. David Smith stated that the Planning Board has concerns with the use of excessive similarity of the building design elements used in the different Blocks when using the same developer. Mr. Smith requested that the applicant provide illustrations to detail on how the "kit of parts" options were used in the Block-J construction how the proposed Block-O/P townhomes will bring a variation of architectural design concepts to the development. Jonathan Stein is a Managing Member of Diversified Realty Advisors, LLC and stated that they will address his concerns to be sure they provide sufficient variation in the proposed Block O/P townhomes. 11 (9/17/20) �David Smith stated that the height variations be considered for the balance of the Block-O and Block-P building units that will front on Hollows Pass and where there will be more open public space. Peter Chavkin stated that they will consider the heights of the buildings when they develo the site plan for the units along Hollows Pass. Peter Chavkin stated that as part of the resolution approval, they could include limits to the "kit of parts" elements depending on the proximity of the building lots. Chairperson Hsu requested that the applicant provide some details for what is proposed for the remainder of the Block-O/P development. Kersten Harries recommended that sustainable building practices and alternative energy heating and cooling systems be included in the designs of the proposed townhomes. Chairperson Hsu stated that the Planning Board would like the applicant to incorporate sustainable energy practices into the acceleration of building construction in order to minimize the environmental impacts and the carbon footprint of the Edge-on-Hudson Development. Chairperson Hsu stated that she has spoken with Peter Chavkin regarding these requests. Peter Chavkin stated that they are embarking on a study to be conducted with a geothermal consultant and the New York State Research and Development Authority (NYSERDA) to evaluate the use of geothermal energy for the larger buildings in the Edge-on-Hudson Development. Mr. Chavkin stated that they are in the process of providing NYSERDA with the methodology that their consultants will use for the study. Mr. Chavkin stated that they working to get approval for NYSERDA to conduct the study under the FlexTech Program. Mr. Chavkin stated that the brown field conditions of the site will not allow for geothermal drilled wells so they are investigating the use of a thermal energy foundation to utilize the piles on the building site as the geothermal heat exchange. The study needs to be completed in order to determine if the site would handle the amount of energy that the buildings would require and to determine if it would be a cost effective solution. Mr. Chavkin stated that he would provide updates to the Planning Board. Anthony Catalano asked Peter Chavkin if there are plans for test wells in a pilot area to determine the feasibility of the thermal energy foundations. Peter Chavkin stated that it will be a preliminary desk study using energy models that will not require physical investigation. Kersten Harries recommended that alternate heat sources such as air source heat pumps, solar panels, radiant floor heating, be included in the plans for the townhomes. Peter Chavkin requested that the Planning Board schedule a public hearing for the October meeting. 12 (9/17/20) �Motion was made schedule a public hearing for the October 22, 2020 meeting. Moved: Chairperson Hsu Seconded: Brennan Chairperson Hsu - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Matthew Brennan - yes Ed McCarthy - yes Vote 6-0 APPROVED 6. Sleepy Hollow Residences, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase II, Block-F, Amended site plan - Preliminary presentation Mark P. Weingarten, Esq. is a partner in the law firm of Delbello Donnellan Weingarten Wise & Wiederkehr, LLP representing the applicant. Mr. Weingarten stated that Block-F is being developed by Hines Interests Ltd.. The application is consistent with the previously approved site plan that included (246) rental apartments with residential amenities and an on-site garage. The original site plan approval permitted (426) parking spaces in the garage. Upon preparation of the construction drawings, it was determined that the Zoning Code required (1) additional parking space to bring the total to (427) parking spaces. It was also determined that an additional (50) spaces could be added within the garage, without any required structural changes, providing a total of (477) parking spaces. They intend to use (32) of the additional publicly accessible parking spaces to satisfy the parking requirements of the future project at Block-H, and (18) parking spaces will be allocated to Block-M. Mr. Weingarten stated that they expect that the additional parking spaces will accommodate the anticipated retail and restaurant uses. Grant Jaber is a Managing Partner of Hines Interests Ltd. and stated that during the construction design of the five and one-half-story garage, they determined they had (50) more available spaces above the minimum parking requirements. They are proposing to offer the additional parking spaces as public parking to the future commercial retail parcels. Their construction bank lender requested that they submit a site plan approval that was consistent with the construction drawings. Mr. Jaber requested that the Planning Board schedule a public hearing for October 22, 2020. Peter Chavkin is a Managing Partner of Biddle Real Estate Ventures and stated that when they designed the original Phase II Site Plan and the five and one-half-story garage, they knew that it could accommodate the extra (50) parking spaces. Mr. Chavkin stated that they only included the minimum parking space requirements in the site plan documents because some multi-family developers prefer not to include public parking spaces inside their buildings garage. There is no proposed change to the garage structure. Peter Chavkin asked Clinton Smith if this application requires a public hearing. Clinton Smith stated that the Village Code allows the Board to waive a public hearing for a minor site plan amendment. 13 (9/17/20) �Clinton Smith asked if the size of the parking spaces are changing and asked for the size of each space. Grant Jaber stated that the parking spaces are the sizes as required by the code. Sean McCarthy stated that the proposed parking garage contains full size spaces that are 9 x 18 feet, handicapped spaces, and a series of compact parking spaces that are permitted by code. David Smith asked how the public parking spaces are interfaced with the parking spaces for the resident parking spaces, and if there will be signage indicating that there is public parking available in the garage. Grant Jaber stated that the public parking spaces will be located at the grade level of the garage and will not be gated. The upper levels of the garage will be secured for residents only. Signage will be provided to indicate the location of public parking spaces. David Smith asked if the additional public parking spaces will be to support the retail components in Building H and Building M. Mark Weingarten confirmed that the additional parking spaces would be used to support the retail spaces for the Building H and Building M. Peter Chavkin stated that when Block-H was originally approved there was a deficit called out of (30) units for the commercial parking requirement. When the site plan was approved by the Planning Board, it was recognized that those parking spaces would be required elsewhere. Mark Weingarten stated that they are not requesting to increase the overall parking spaces or unit count requirements; they are shifting locations. Mark Weingarten requested that the Planning Board set a public hearing for the October meeting. If it is determined that a public hearing is not required for resolution approval, the Planning Board can waive the hearing on the day of the meeting. Chairperson Hsu asked Sean McCarthy to verify the Code and the Planning Boards ability to waive a public hearing for a minor site plan amendment. Sean McCarthy stated that he will verify the Village Code in relation to site plan amendments. Motion was made to schedule a public hearing for the October 22, 2020 meeting. Moved: Chairperson Hsu Seconded: Harries Chairperson Hsu - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Matthew Brennan - yes Ed McCarthy - yes 14 (9/17/20) �Vote 6-0 APPROVED 7. GYT Leasing Inc., 215 North Broadway, Amended site plan - Presentation Lia Montenegro is an associate of Gloede Neon Signs representing the Chestnut Market for a proposed site plan amendment. Ms. Montergro presented photographs of the existing conditions and color renderings and summarized the proposed signage locations, sizes, signage materials, and colors. Chairperson Hsu asked if she received the memo from David Smith. Lia Montergro stated that she received the memo from David Smith. Chairperson Hsu requested that she prepare a response for the next presentation. Motion was made to schedule a public hearing for the October 22, 2020 meeting. Moved: McCarthy Seconded: Chairperson Hsu Chairperson Hsu - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Matthew Brennan - yes Ed McCarthy - yes Vote 6-0 APPROVED 8. Ivan and Sonia Vukusic, 143 Webber Avenue, Proposes subdivision - Presentation Michael Stein, P.E., is the President of Hudson Engineering & Consulting, P.C. representing the applicant. Mr. Stein presented the proposed subdivision site plan and stated that they propose to subdivide the property to create (2) additional lots along the frontage of the property. The existing house will remain. They have completed the field testing and percolation deep hole testing. Mr. Stein stated they are contracting a wetlands specialist and soil scientist to evaluate the site in order to address the comments received from James Natarelli. James Natarelli questioned if the electrical service for the lot behind the property may be a situation for concern. Michael Stein presented that proposed site plan and stated that the existing electrical line serves the two properties to the rear of lot of 143 Webber Avenue. Electrical service lines will need to be relocated underground along the existing easement within the set-back on the right side. Chairperson Hsu asked if the wetlands experts' findings could be completed and submitted by October 8, 2020 and be prepared to present at the October 22, 2020 meeting. 15 (9/17/20) �Michael Stein stated that they should be able to submit the wetlands expert findings by October 8, 2020 or they will request adjournment to the next meeting. Motion was made to schedule a public hearing for the October 22, 2020 meeting. Moved: Chairperson Hsu Seconded: Krakauer Chairperson Hsu - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Matthew Brennan - yes Ed McCarthy - yes Vote 6-0 APPROVED 9. Approval of minutes- July 16, 2020 Motion was made to approve the July 16, 2020 minutes. Moved: Chairperson Hsu Seconded: Brennan Chairperson Hsu - yes Thomas Andruss - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Matthew Brennan - yes Ed McCarthy - yes Vote 6-0 APPROVED Motion was made to adjourn the meeting at 11:17 PM. Moved: Chairperson Hsu Seconded: Krakauer Vote 6-0 Respectfully submitted, Pa^yuAz/K^M Pamela Kroll Secretary to the Planning Board 16 (9/17/20) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-2020 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_2020-09-17 Subject The topic of the resource Planning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/351a49e12e776f0b21241871de8c6f9b.pdf 668abde524cdb376ee0800e75fa0e047 PDF Text Text RESOLUTION Adopted at the July 16,2020 Meeting of the Village of Sleepy Hollow Planning Board RESOLUTION: SITE PLAN APPROVAL PROPOSED: Addition to Main House, construction of new outdoor pool, patio and pool house and indoor pool addition LOCATION: 180 Bedford Road TAX M A P DESIGNATION: Section 111.17, Block 1, Lot 2.1 ZONING: R - l 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: (1) the proposed demolition of an existing one story wood-framed pergola and the construction of a one story conservatory, (2) demolition of an existing wading pool and replacement with a proposed outdoor pool, patio and pool house, and (3) installation of an indoor pool as part of the existing Carriage House (hereinafter the "Proposed Action"). The Application is submitted on behalf of Mario Peschiera/Hudson Pines, LLC (the Applicant); and WHEREAS, the Planning Board has reviewed the following materials: 1. Site Plan application, dated 4/2/20, signed by Kimberly Martelli on behalf of the Applicant; 2. Site plan set, last revised 7/01/20 collectively prepared by Stanley Johnson, PLS, Bibbo Associates, PE, KTM Architects, Nelson Byrd Woltz Landscape Architects; 3. Short Environmental Assessment Form, dated 4/2/20 signed by Kimbery Martelli; 4. Stormwater Pollution Prevention Plan prepared by Bibbo Associates, LLP dated 7/1/20; 5. Review memoranda from Dolph Rotfeld Engineering An Al Engineers Company dated 4/14/20 and 7/14/20; 6. Review memoranda from Planning & Development Advisors dated 4/9/20; 7. Correspondence from Nelson Byrd Woltz dated 7/1/20; 8. Correspondence from KTM Architect dated 7/1/20; 9. Correspondence from Bibbo Associates, LLP dated 7/1/20. Page 1 of 3 �WHEREAS, the proposal was discussed by the Planning Board at virtual public meetings on 4/16/20,6/18/20 and at a public hearing held on 7/16/20 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 (SEQRA), the Planning Board has made the following findings and caused, noted or 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 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.C of the Sleepy Hollow Code, has determined that the proposed action is an Unlisted Action as that term is defined under SEQRA and makes a determination of non-significance of environmental impact; and be it further RESOLVED, that the said Application for site plan approval relative to the proposed demolition of an existing one story wood-framed pergola and the construction of a one story conservatory, demolition of an existing wading pool and replacement with a proposed outdoor pool, patio and pool house, and installation of an indoor pool as part of the existing Carriage House and stormwater management improvements as shown on the site plan as dated 7/1/20 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 & 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 building permit being issued. 2. Documentation, sufficient in form and substance for the Village Engineer that the list of items outlined in the Village Engineers 7/14/20 correspondence have been incorporated onto the Site Plan drawings. 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 Page 1 of 3 �.the undersigned Clerk/Deputy Clerk, do hereby certify that the foregoing is a true cow of an extract duly adopted by the Board of Trustees/^inggbning of the Village of Sleepy HoNow, on the i&Ljlay of " ^ o ^ y . 2 0 0 - 0 and of the whole thereof, and I further certify that the same was entered into the minutes of the meeting of said Board of Tru8teeai^annjr^oning held on said date. IN WITNESS WHEREOF, I have hereunto set my hand and jofRciahseal this day of Q ^ r t ^ - W : 2 Q & P /Deputy Clerl Page 1 of 3 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-2020 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_2020-07-16_180-Bedford-Road-Approved-Site-Plan-Resolution Subject The topic of the resource Planning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/b5eb1988866c03988d8d5309aa059f89.pdf 5c0daaaeec86a4ec2a7456b091bd37b3 PDF Text Text RESOLUTION Adopted at the June 18,2020 Meeting of the Village of Sleepy Hollow Planning Board RESOLUTION: FINAL PLAT APPROVAL PROPOSED: Three lot subdivision LOCATION: 231 Webber Avenue TAX MAP DESIGNATION: Section 115.08, Block 1, Lot 2.1 ZONING: R - l Residential WHEREAS, the Planning Board of the Village of Sleepy Hollow (the "Planning Board") has reviewed an application for final plat approval (the "Application") pursuant to the Chapter 425 of the Village Code Subdivision of Land, and to applicable laws and regulations considered pertinent to the Application, which is for the creation of three residential lots with a shared driveway (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 stormwater 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 certain utility installations which required adjustments to the driveway entrance; and WHEREAS, the Applicant did receive a Preliminary Plat Approval from the Planning Board on 9/19/19 and did subsequently amend the approval resolution at its 10/17/19 meeting; and WHEREAS, in between the 9/19/19 and 10/17/19 meetings the Applicant submitted materials for the Board's consideration relative to Final Plat Approval; and WHEREAS, the Planning Board has reviewed the following materials: 1. Transmittal letter to the Planning Board from Cuddy & Feder dated 10/3/19; 2. Application for Subdivision Approval Plan Set including: Cover Sheet, prepared by Divney Tung Schwalbe (DTS), dated 10/3/19 Existing Property Map prepared by DTS, dated 3/7/19 Proposed Subdivision Parcels prepared by DTS, dated 10/3/19 Conceptual Site Plan prepared by DTS, dated 10/3/19, last revised 7/8/19 Page 1 of 4 �• Enlarged Conceptual Site Plan prepared by DTS, dated 10/3/19, last revised 7/8/19 • Conceptual Grading and Utility Plan prepared by DTS, dated 10/3/19, last revised 7/8/19 • Emergency Access Plan, dated 10/3/19, last revised 7/8/19 • Site Details & Driveway Profiles, 6/6/19 • Erosion and Sediment Control Plan, 10/3/19 • Erosion Control Details prepared by DTS, dated 4/11/19 • Survey of Property, prepared by H. Stanley Johnson & Co. (HSJ) dated 6/25/10 • As-Built Topographic Survey (Driveway Area), prepared HSJ dated 7/22/16 • Proposed Water Main Extension Plan prepared by DTS dated 10/3/19 • Proposed Water Main Extension Profile prepared by DTS dated 10/3/19 • Water Main Extension Details prepared by DTS dated 10/3/19 3. Response letter to the Village Engineer's 6/18/19 and 8/21/19 comment memos; 4. Easement Descriptions for Easements A, B, C, and D 5. Cost estimates for water main extension and other site improvements 6. Stormwater Pollution Prevention Plan (SWPPP) 7. Final Subdivision Plat prepared by HSJ dated 10/3/19 8. Correspondence from Zarin & Steinmetz dated 10/30/19 9. Correspondence from Cuddy & Feder dated 10/31/19 10. Correspondence from DTS dated 2/7/20 with the following attachments: • Confirmation of water easement • Modification to the driveway access and maintenance easement 11. Correspondence from Cuddy & Feder dated 2/10/20 12. Scanned version of Final Subdivision Plat prepared by HSJ updated 3/24/20 13. Correspondence from Cuddy & Feder dated 4/8/20 14. Correspondence from Cuddy & Feder dated 5/8/20 with the following attachments: • Bond prints of Final Plat prepared by HSJ last revised 3/24/20 with signatures of surveyor, project engineer and owner as submitted to Westchester County Department of Health on 5/1/20 Page 2 of 4 �15. Correspondence from Zarin & Steinmetz dated 5/20/20 16. Letter from Linda Cooper, NYS Parks, Recreation and Historic Preservation dated 5/20/20 17. Correspondence dated 5/21/20 from Tammy Gales dated 5/21/20 18. Correspondence from Patricia Guzzo dated 5/21/20 19. Correspondence from Linda Cooper dated 5/21/20 20. Correspondence from DTS dated 5/26/20 21. Correspondence from E. Gareis dated 5/27/20 22. Correspondence from Zarin & Steinmetz dated 5/28/20 23. Individual correspondence dated 5/29/20 from: • • • • • • • • • • • • • 24. C. Stravropoulus L. Yorio L. Schulz J. Vander Els C. Vinzant S. Markowitz C. Brennan C. Sanders D. Uviller Cuddy & Feder N. Ossoff G. Knoff E. Tucker Correspondence from Cuddy & Feder dated 6/5/20 WHEREAS, a public hearing was held on 10/17/19 in which all members of the public were invited to be heard, and the public hearing was continued on 11/29/19,1/16/20, 2/20/20,4/16/20, and 5/21/20 and closed on 5/2120 with an opportunity to submit written comments through the close of business on 5/29/20; 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 made the following findings and caused, noted or 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. Page 3 of 4 �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 an Unlisted Action and makes a determination of non-significance of environmental impact; and be it further RESOLVED, that the said Application for final subdivision approval and the submitted Preliminary Plat Plan set dated 6/2/20 and as may be subsequently revised in accordance with this resolution, is hereby granted approval and the Applicant may obtain the endorsed approval of the Planning Board Chairperson on a copy of the resolution and upon the subdivision plat, 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 & 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 building permit being issued. 2. The improvement and construction of the contemplated single family homes will require a site plan approval from the Planning Board. 3. Prior to the issuance of a Certificate of Occupancy, an as built survey shall be provided to the Village Building Department, and any material change to the plan from that approved by the Planning Board will require the Applicant to present the revised plan to the Planning Board for a plan amendment. 4. Note b. under the Purported Pedestrian and Equestrian Easement shall be removed from the Final Plat. 5. Conditions 3,4,5 and 7 of the Preliminary Plat Approval Resolution remain in effect. PLANNING BOARD VILLAGE OF SLEEPY HOLLOW L undersignStift C l i ^ t o M k , do hereby certify that the foregoing isDlte true copyW an extract duly adopted by the Board of Trusteesfft^in^oning of the Village of Sleepy HoKow. on the J j l j i a y of 20 2 o and of the whole thereof, and I further certify that the same was entered intoJhe-minutes of the meeting of said Board of Truste^Planninggbning held on said date. IN WITNESS WHEREOF, I have hereunto set my hand and offiraf^&l thisXV day of ^ ^ W : 20 ^ Q \ ^tlerR/peputy Clerk Page 4 of 4 ^ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-2020 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_2020-06-18_231-Webber-Avenue-Approved-Resolution Subject The topic of the resource Planning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/7d79894c16c7eb7d7ec61f835c4420e0.pdf 59fa8bd75c3127c6156c2ce185912a81 PDF Text Text Village of Sleepy Hollow Planning Board Minutes July 16, 2020 The regular meeting was held via Zoom webinar and called to order at 8:00 PM by Chairperson Marjorie Hsu. Residents could not attend in person due to the COVID- 19 pandemic, but could participate by phone and video. The Board and applicants participated by videoconferencing. Present: Marjorie Hsu, Chairperson Erin Carney Thomas Andruss Kersten Harries Lindsay Krakauer Matthew Brennan Ed McCarthy Also Present: Clinton Smith, Village Attorney David Smith, Village Planner James Natarelli, Village Engineer Jennifer Martinez, Consulting Engineer Anthony Catalano, Consulting Engineer Sean McCarthy, Village Architect Absent: Pamela Kroll, Secretary to the Planning Board Agenda: 1) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase I waterfront open space, site plan and wetlands permit approval - Public hearing 2) Hudson Pines, LLC, 180 Bedford Road, Proposed swimming pool- Public hearing 3) Jonathan Villani, 30 Andrews Lane, Proposed townhome development- set public hearing 4) Stephens and Kent House LLC National Trust for Historic Preservation, County House Road, Proposed subdivision - Preliminary presentation 5) Approval of minutes - June 18, 2020 Chairperson Hsu read the following statement: Tonight's meeting and work session is being convened in accordance with the Governor's Executive Order Number 202.1 issued March 13, 2020 which suspends certain provisions of the New York State Open Meetings Law to allow a municipal board to convene a meeting via videoconferencing. In accordance with the Executive order, the public has been provided with the ability to view tonight's meeting and a transcript will be provided at a later date. I have also confirmed with our Village Clerk that this 1 (7/16/20) �meeting has been duly noticed by posting a notice on the Villages' bulletin boards, faxing a copy to the Warner Library, faxing a copy to the Journal News and the Hudson Independent newspapers, posting a copy on the Village website, and listing it on the Villages' Facebook page. Chairperson Hsu polled the Board members for attendance. Chairperson Hsu read the agenda. 1. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase I- waterfront open space site plan and wetlands permit approval- Public hearing Motion was made to open the public hearing. Moved: Chairperson Hsu Seconded: Andruss Vote 7-0 Andrew Tung is an associate of Divney Tung Schwalbe LLP representing the applicant. Mr. Tung stated that the Phase I waterfront open space wraps around the south and west facing sides of the Edge-on-Hudson community and borders Design Blocks H, M, and R. As part of the Special Permit approval, each section of the waterfront open space is to be constructed and available for public use at the same time of the adjoining block. It is proposed to construct all of the Phase I waterfront open space at the same time. Mr. Tung shared the site plan and stated that the proposed design of the Promenade and Overlook sections of the waterfront space were based on the discussions with Neslon Byrd Woltz Landscape Architects and the goals of the Village's Public Space Council in terms of design, use, sustainability, and maintenance. Mr. Tung shared the illustrative diagrams and summarized the design components of the Promenade and Overlook sections of the waterfront open space. Mr. Tung stated that a response letter was submitted to address the comments received from the Planning Board members at the June meeting, and subsequent reviews from the consultants and Sean McCarthy. They are awaiting input from the Village Board and RACE Coastal Engineering before they submit the revised site plan drawings. Mr. Tung stated that they have determined that the riprap repairs can be completed on the upland site of the waterfront, are part of the existing Army Corp of Engineers permit, and will not have to wait for in-water permits to be approved. The preliminary plans for the proposed in-water structures for the fishing pier and the dock and dine pier will be submitted to the Planning Board in their next submission. Chairperson Hsu solicited comments from the public. Sarah Smiley resides at 5 Farrington Avenue and questioned if options were explored to eliminate the increase of impervious surfaces near the river. Ms. Smiley stated that she supports the use of electrical systems, such as air source heat pumps and geothermal, for the utility components of the buildings to avoid burning gas and provide a more sustainable energy source that would benefit the community environmentally. Ms. Smiley asked the Planning Board to consider electrical site capacity when reviewing utility component plans. 2 (7/16/20) �Judy Knispel resides at Ichabod's Landing and asked if the park that borders Ichabod's Landing and the Edge-on-Hudson Development could be opened now in order to allow access to the River Walk from Beekman Avenue during the pandemic. Peter Chavkin stated that the total impervious surface area has increased since the original approved Riverfront Design Concept Plan but still proposes a total reduction of 31percent from the General Motors original site conditions. Mr. Chavkin stated that reductions to the width of the pathways in the Overlook have also been made since the earlier draft of the waterfront open space plan, as requested by the Open Space Council. Chairperson Hsu asked what percentage of impervious surface was included in the original Riverfront Design Concept Plan. Andrew Tung stated that the impervious surface included in the original Riverfront Design Concept Plan for the Phase I waterfront open space was .71 acres and the current plan proposes .97 acres and provides for a larger variety of experiences at the Overlook. Anthony Catalano is the Village's Consulting Engineer, and stated that the applicant has committed to submitting an updated stormwater pollution management plan that will provide greater detail regarding the proposed impervious surfaces. Peter Chavkin stated that the electrical plans submitted are designs for providing power to the waterfront open space and are not related to any building structural plans. Mr. Chavkin stated that he appreciates Ms. Smiley's suggestions regarding the use of sustainable energy for building utilities. Peter Chavkin stated that the Village Green at the Ichabod's Landing border can be opened when the dedication process with the Village Board of Trustees for the Phase I Roads and Infrastructure and parks is completed. Chairperson Hsu asked Andrew Tung to provide a list open items that will be addressed in the next submission. Andrew Tung stated that plan revisions will be submitted to address engineering concerns from Woodard & Curran, the connections and parameters for the in-water improvements, and the final riprap repair areas. Kersten Harries stated that if there are members of the public that wish to view a more detailed presentation of the waterfront open space, they may watch the June 18, 2020 Planning Board meeting recording on the Village's website. Clinton Smith asked if the maintenance costs referenced in the submission were a yearly cost. Kersten Harries asked if maintenance costs will be greater in the first three years, while plantings take, and if they will they reduce subsequently. 3 (7/16/20) �Peter Chavkin stated that the memorandum prepared by ETM Associates, LLC is meant to be the Operations & Maintenance plan for the parks and agrees that in the early years of the plantings, there may be more associated costs. Mr. Chavkin stated that as per the Special Permit, Lighthouse Landing Communities, LLC will provide a two year maintenance bond to ensure that the planting take hold on site. Mr. Chavkin stated that the 175,000 dollar estimated annual maintenance costs were based on prevailing wage rates and include some items that may or may not be considered by the Village Board or allocated in different budgets. Peter Chavkin asked Chairperson Hsu if she could provide a date for the design review from the Board of Trustees. Chairperson Hsu stated that the Board of Trustees has reviewed the application and has referred the decision to the Planning Board to manage. Alan Garry resides at 87 River Street and stated that the portion of the waterfront, south of the park along Ichabod's Landing has been in disrepair for approximately two years because the pilings created for the additional waterfront area have been undermined and have created sink holes. Mr. Garry suggested that the area created for the pilings be removed and replaced with the riprap when the waterfront riprap repairs are being completed. Mr. Garry stated that his understanding was that there are no plans for repairs to that area. Jonathan Stein asked Mr. Garry to confirm the location of concern. Alan Garry stated that the unsightly area is a section of piling created and fenced off that is adjacent to the building of Ichabod's Landing between Horan's Landing and the triangular park. Jonathan Stein stated that the area Mr. Garry is concerned about is located off-site and it is a discussion that will need to be addressed by the Board of Trustees to decide who is responsible and how the costs should be allocated. Andrew Tung stated that the piling area is located off the Edge-on-Hudson site, south of the new Hudson Plaza and the Village Green, beyond the riprap, and is part of Ichabod's Landing bulk head. Craig Tompkins stated that as per his conversation with Anthony Giacco, the Village Administrator, there will be a future meeting with RACE Coastal Engineering and the Village to discuss possible solutions for that area. Mr. Tompkins stated that the Village assumed responsibility for the sheet piling bulkhead when Ichabod's Landing was built. The fence will need to remain until decisions for repairs are decided. Alan Garry asked if landscaping work is planned for the entire area between the current drive roadway and the waterfront. Andrew Tung stated that Westward Drive runs along the northern boundary of the waterfront open space and there will not be any buildings in the Phase I section. 4 (7/16/20) �Motion was made to adjourn the public hearing to the September 17, 2020 meeting. Moved: Andruss Seconded: Harries Vote 7-0 2. Hudson Pines, LLC, 180 Bedford Road, Proposed swimming pool - Public hearing Kimberly Martelli, RA is the architect representing the applicant. Ms. Martelli stated that the applicant is seeking site plan approval for construction of an outdoor pool, outdoor pool house, and an indoor pool addition within the existing Carriage House. Ms. Martelli stated that the engineer and landscape architect have addressed the concerns from the Board and the Village's consultants. Motion was made open the public hearing. Moved: Chairperson Hsu Seconded: Harries Vote 7-0 Matt Gironda is an engineer from Bibbo Associates. Mr. Gironda referenced the master site plan and stated that the properties' boundaries are bisected between the Town of Mount Pleasant and the Village of Sleepy Hollow. They are seeking approval for the proposed construction of an outdoor pool area located at the north-west portion of the property within the Village of Sleepy Hollow. Mr. Gironda stated that they have reviewed the comments received from the Village Engineer and they have designed a Stormwater Pollution Prevention Plan to manage storm water discharge for the site that has a centrally located highpoint that sends stormwater in both directions in two municipalities. They propose to provide a sub-surface infiltration system to capture the stormwater run-off from the new impervious surfaces. Mr. Gironda stated that they will enlarge the proposed infiltration system to provide water quality treatment and mitigate flows up to the 100 year storm event. They will submit a revised site plan as discussed with the Village Engineer. Kimberly Martelli stated that they will also conduct field testing prior to the systems being installed. Francois Poupeau is a designer from Nelson Byrd Woltz Landscape Architects. Mr. Poupeau referenced the proposed site landscape plan and stated that native species are proposed for the plantings along the property border along Bedford Road. In areas closer to the main house, there are formal enclosed perennial gardens that propose to incorporate some accents in form of culitvars and some non-native species perennials. The perennials will amount to 20% of the overall plantings and only 24% of them will be non-native species and 10% will be cultivars. None of the non-native species planting will be invasive. Chairperson Hsu asked Mr. Poupeau how many trees are planned for removal and what trees kind of trees are proposed for replacements. Kimberly Martelli stated that there are a total of nine trees proposed for removal as required for construction at the Carriage House or due to the proximity to the existing structures. 5 (7/16/20) �Francois Poupeau stated that a combination of Maple, White Pine, Dogwood, and Spruce trees are proposed for the tree replacements. Chairperson Hsu asked Ms. Martelli if they completed testing for possible geo-thermal systems for the new structures. Kimberly Martelli stated that the HVAC construction drawings will include the use of geothermal systems to serve the Main House and the Carriage House. Matt Gironda stated the testing shows geo-thermal well fields to the north of the existing Carriage House and to the east of the Main House and will be used for heat sources in both structures. Motion was made to close the public hearing. Moved: Chairperson Hsu Seconded: Harries Vote 7-0 Chairperson Hsu asked David Smith to read the resolve clauses of the draft resolution. David Smith read the resolve clauses and conditions of the draft resolution prepared for approval. Motion was made to approve the resolution. Moved: Harries Seconded: Andruss Chairperson Hsu - yes Thomas Andruss - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Matthew Brennan - yes Ed McCarthy - yes Vote 7-0 APPROVED 3. Jonathan Villani, 30 Andrews Lane, Proposed townhome development - Public hearing Motion was made to open the public hearing. Moved: Chairperson Hsu Seconded: Krakauer Vote 7-0 Jonathan is the Design Consultant from Annuziata & Villani Design Consultants, Inc. representing 30 Andrews Lane. Mr. Villani stated that he is seeking an approval to construct nine townhomes on a lot that is approximately 22,871 square feet. Mr. Villani stated that the Board of Trustees granted approval for the circulation of fire trucks through the site from the adjacent municipal lot. Revisions have be made to the site plan drawings to eliminate the need for a variance from the Zoning Board, to add native species for the proposed plantings, and to adjust the configurations of the building units. The civil engineering drawings are being revised to address the comments from Sean McCarthy and James Natarelli. 6 (7/16/20) �David Smith asked Mr. Villani to summarize the proposed project details including a history of the original application. Jonathan Villani stated that the original application proposed the construction of twelve townhomes. After several meetings, it was agreed to reduce the overall developmental lot coverage and reduce the proposed number of townhomes to nine units. During past Planning Board meetings, the designs for landscaping, parking and locations for municipal services and utilities have been addressed. Mr. Villani shared the proposed site plan drawing and stated that the plan includes the demolition of the existing single family residence and rear parking area. It is proposed to construct two buildings. One building will contain four townhome units facing Andrews Lane and the other building will contain five townhome units at the rear of the site. The proposed parking number of parking spaces meet the requirements of the Zoning Code. A development recreation area is proposed at the rear of the property to serve both buildings. Options for sustainable energy sources are being discussed with the property owner. The buildings are proposed to be three stories in height. The proposed units will be 1,500 square feet each. The rear building units will include fenced in back yards and the front units, facing Andrews Lane will include fenced in front yards. Mr. Villani shared a previous rendering drawing and stated that materials proposed for the exterior of the buildings include Hardie Plank siding with a mixture of stone veneer, asphalt roof shingles, Anderson windows, and Azek white composite trim. The driveways will have asphalt paving with plantings and cobblestone aprons and walkways leading out the Andrews Lane. Mr. Villani shared the floor plans and stated that the configuration of the four unit building will include a garage and a small utility room on the first level; a kitchen, living room, dining room, and half bath on the second floor, and two bedrooms and two full bathrooms on the third floor. Mr. Villani shared the landscape plan and stated that they have included native species for the proposed plantings as requested. Decorative fencing and cobblestone walkways will surround the property. David Smith asked Jonathan Villani to confirm what the attic space will be used for. Jonathan Villani stated that the proposed attic space will allow for storage space only for each unit. They are researching a truss system with the modular company which will eliminate the amount of space in the attic areas. David Smith asked if any thoughts were given to utilize the roof areas as recreational space. Jonathan Villani stated that the owners are not considering roof top terraces. Chairperson Hsu asked why the roof lines are so tall if the attic spaces are designed for storage only. Jonathan Villani stated that the roof ridge lines were designed as part of a proportional architectural design. Chairperson Hsu asked Jonathan Villani to confirm his understanding of the outstanding comments and requests included in the memos prepared by James Natarelli and Sean McCarthy. 7 (7/16/20) �Jonathan Villani stated that he will submit revisions to the civil engineering and architectural drawings as required. Chairperson Hsu solicited comments from the public. Sarah Smiley resides a 5 Farrington Avenue stated that geo-thermal or air source heat pumps for heating sources and induction stoves for the units in lieu of gas would be better for community as far as carbon emissions. Ms. Smiley asked if they have received confirmation that they could get gas to the site. Jonathan Villani stated that options have been explored but will be the decision of the owner. An application request for gas installation with Con Edison was submitted, prior to the moratorium and the application being filed with the Village. Comments were received via email from to the owners of 20 Andrews Lane as follows: To whom it may concern, My husband, Richard Rodriguez, and I, Yuridia Gonzalez live on 20 Andrews Lane, Sleepy Hollow, NY, 10591. The future plans of 30 Andrews Lane has been brought to our attention once again. We looked over the proposal and we are not on board. We have a few concerns pertaining to the idea. The main concern that we share with many of our neighbors is the parking situation. We understand each unit will have its own parking, but we have to look at the neighboring community as a whole. We are afraid there will be insufficient parking for both the tenants and their visitors. Parking is hard to come by as is. When we purchased our home, what mainly attracted us to this location was how calm the neighborhood is. With 9 new units added to the neighborhood we have concerns with how over crowded it may be. We pay enough taxes and it's not fair that now our worry would be this new project next to our home. Sincerely, Yuridia & Richard Rodriguez There were no other comments from the public. Chairperson Hsu asked Jonathan Villani for timing to receive final drawing revisions. Jonathan Villani stated that he is working with Hudson Engineering and the modular company to coordinate revision drawings and should have them completed within three to four weeks. Clinton Smith stated that one resident did not receive the public notice, as per the Village Code, and that they will be notified of the adjournment of the public hearing to the September 17, 2020 meeting. 8 (7/16/20) �Motion was made to adjourn the public hearing to the September 17, 2020 meeting. Moved: Chairperson Hsu Seconded: Brennan Vote 7-0 4. Stephens and Kent House LLC and National Trust for Historic Preservation, County House Road, Proposed subdivision- Preliminary Presentation John Schnaufer, Esq. is the attorney representing the applicants and stated that they propose a lot line change that impacts three lots. The existing Lot 1 parcel is approximately 8.5 acres with 1 story frame indoor pool house structure. Lot 1 is proposed to be eliminated. Half of the Lot 1 parcel acreage is proposed to be a part of the Lot 2 parcel. The existing Lot 2 parcel is approximately 13.5 acres with 2 story framed cottage, 2 1/2 story frame guest house, a greenhouse, and 1 1/2 story frame barn and garage. Lots 1 and 2 are owned by Stephens and Kent House LLC. The existing Lot 3 parcel is owned by the National Trust, is approximately 34 acres, and contains landscaped areas, a Japaneze shrine, and roadways. The second half, approximately 4.5 acres of Lot 1, is proposed to be a part of the Lot 3 parcel. If the subdivision application is approved, the land would be gifted to the National Trust from Stephens and Kent House LLC. Mr. Schnaufer stated that there is no additional construction planned on all three of the parcels. The use of the properties will remain the same. The existing indoor pool house is proposed to be part of the Lot 2 parcel. Chairperson Hsu solicited comments from the Board. There were no questions from the Board. Motion was made to schedule a public hearing for September 17, 2020. Moved: Harries Seconded: McCarthy Chairperson Hsu - yes Thomas Andruss - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Matthew Brennan - yes Ed McCarthy - yes Vote 7-0 5. Approval of minutes- June 18, 2020 Motion was made to approve the June 18, 2020 minutes. Moved: Andruss Seconded: Chairperson Hsu Chairperson Hsu - yes Thomas Andruss - yes Kersten Harries - yes Lindsay Krakauer - yes 9 (7/16/20) �Erin Carney - yes Matthew Brennan - yes Ed McCarthy - yes Vote 7-0 APPROVED Motion was made to adjourn the meeting at 9:30 PM. Moved: Chairperson Hsu Seconded: McCarthy Vote 7-0 Respectfully submitted, POJvulSO, / v t Pamela Kroll Secretary to the Planning Board 10 (7/16/20) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-2020 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_2020-07-16 Subject The topic of the resource Planning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/3cf239ac5fd79812a05025d1c844a6f6.pdf b4b21f1d8a1fb8da0e4fae2837619bf6 PDF Text Text Village of Sleepy Hollow Planning Board Minutes June 18, 2020 The regular meeting was held via Zoom webinar and called to order at 8:00 PM by Chairperson Marjorie Hsu. Residents could not attend in person due to the COVID- 19 pandemic, but could participate by phone and video. The Board and applicants participated by videoconferencing. Present: Marjorie Hsu, Chairperson Erin Carney Thomas Andruss Kersten Harries Lindsay Krakauer Also Present: Clinton Smith, Village Attorney David Smith, Village Planner James Natarelli, Village Engineer Jennifer Martinez, Consulting Engineer Anthony Catalano, Consulting Engineer Sean McCarthy, Village Architect Absent: Matthew Brennan Ed McCarthy Pamela Kroll, Secretary to the Planning Board Agenda: 1) Landrock LLC, 231 Webber Avenue, Final subdivision plat -Resolution 2) Hudson Pines, LLC, 180 Bedford Road, Proposed swimming pool - Presentation 3) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase I waterfront open space, site plan and wetlands permit approval - Preliminary presentation 4) Jonathan Villani, 30 Andrews Lane, Proposed townhome development- set public hearing 5) Approval of minutes - May 21, 2020 Chairperson Hsu read the following statement: Tonight's meeting and work session is being convened in accordance with the Governor's Executive Order Number 202.1 issued March 13, 2020 which suspends certain provisions of the New York State Open Meetings Law to allow a municipal board to convene a meeting via videoconferencing. In accordance with the Executive order, the public has been provided with the ability to view tonight's meeting and a transcript will be provided at a later date. I have also confirmed with our Village Clerk that this meeting has been duly noticed by posting a notice on the Villages' bulletin boards, faxing 1 (6/18/20) �a copy to the Warner Library, faxing a copy to the Journal News and the Hudson Independent newspapers, posting a copy on the village website, and listing it on the Villages' Facebook page. Chairperson Hsu polled the Board members for attendance. Chairperson Hsu read the agenda. 1. Landrock LLC, 231 Webber Avenue, Final subdivision plat- Resolution William Null is a Partner with Cuddy & Feder LLP representing Landrock LLC for the proposed subdivision application. Mr. Null stated that modifications have been made to the subdivision plat to address the water line and that extended over the boundary of the property to the Croton Aqueduct area. They received the draft resolution and are comfortable with making the requested change on the final subdivision plat. Mr. Null requested that the Board approve the resolution. Chairperson Hsu solicited comments from the Board and consultants. Clinton Smith stated that David Steinmetz may want to speak. David Steinmetz requested that the Board consider adding the language suggested in regards to Gorey Brook Road. Clinton Smith suggested that David Smith read the resolve clauses of the draft resolution. David Smith read the resolve clauses of the resolution. Motion was made to adopt the draft resolution. Moved: Andruss Seconded: Harries Chairperson Hsu - yes Thomas Andruss - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Vote 5-0 APPROVED 2. Hudson Pines, LLC, 180 Bedford Road, Proposed swimming pool- Presentation Kimberly Martelli, RA is the architect representing the applicant. Ms. Martelli stated they received approval from the Zoning Board of Appeals. Ms. Martelli shared the master site plan and renderings and provided a summary of the application for the proposed indoor pool and pool house. Ms. Martelli shared a preliminary landscape plan and stated that plantings are proposed for the buffer area between Bedford Road and the existing and proposed structures. Matt Girona, of Bibbo Associates, shared the master site plan and stated that they propose to provide a sub-surface infiltration system to capture the impervious surface from the entire roof 2 (6/18/20) �area of the existing Carriage House and the entry ramp for the new addition. Mr. Girona stated that they intend to provide a supplemental submission to include a further developed site plan along with a storm water prevention plan and supporting calculations. Mr. Girona requested that the Board schedule a public hearing. Chairperson Hsu solicited comments from the Board. Kersten Harries questioned if there will be existing trees removed as part of the proposed work and how many new trees are proposed. Kimberly Martelli shared a preliminary landscape plan and stated that they will submit the final landscape plan that will detail the trees that need to be removed for the proposed construction and the proposed plantings for the entire site, including the buffer area between the buildings and Bedford Road. Lindsay Krakauer requested that the landscape architect include native species for the proposed plantings. Kimberly Martelli stated that the final landscape plan will identify the native species proposed and reasons for using non-native in specific areas, if required. Chairperson Hsu asked Kimberly Martelli what heating and cooling sources are proposed for the new structures and pools. Kimbery Martelli stated that they will submit a summary of the proposed heating and cooling systems. Ms. Martelli stated that the applicant is investigating the use of geothermal for the Carriage House, the Main House and the Music Room and if feasible, will be included in the updated site plan submission for the July meeting. Motion was made to schedule a public hearing for the July 16, 2020 meeting. Moved: Harries Seconded: Andruss Chairperson Hsu - yes Thomas Andruss - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Vote 5-0 APPROVED 3. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase I- waterfront open space site plan and wetlands permit approval - Preliminary presentation Andrew Tung is an associate of Divney Tung Schwalbe LLP representing the applicant. Mr. Tung stated that the waterfront open space has been divided into three areas based on the views from the spaces. The Promenade faces south; the Overlook faces south and west, and the 3 (6/18/20) �Palisade Green faces out towards the west. The designs of the spaces have been created in conjunction with the incorporated goals of the Village Public Space Committee. Lanie McKinnon is a Landscape Architect from Nelson Byrd Woltz representing the applicant. Ms. McKinnon shared the illustrative Promenade and Overlook site plan. Ms. McKinnon stated that the Promenade will run along Westward Drive up to Palisades Boulevard and will be comprised of four components. The components will consist of a path network that will weave throughout; a series of plazas intended for gatherings, two lawns at the ends of each street, and two planting areas. The Overlook provides views of the Mario Cuomo Bridge, the Manhattan skyline, the ends of the Palisades, and Hook Mountain. The Overlook will contain an amphitheater style seating area for small gatherings. Ms. McKinnon shared illustrations and described the proposed materials that will be used for the hardscape surfaces and the green soft surfaces and how they will be incorporated into the Promenade and Overlook areas. Ms. McKinnon shared illustrations and described the proposed lighting fixtures for the Promenade and Overlook areas. Andrew Tung stated that the waterfront open space was designed based on the Special Permit approval, the Riverfront Concept Development Plan, and the Design Guidelines approved by the Village. Mr. Tung stated that as part of the Special Permit approved in 2011, it was agreed that the waterfront open space would be available to the public at the same time that Certificates of Occupancy were issued for the adjacent design block. The waterfront open space will be completed in two phases. There is a temporary walkway that extends along the riverfront that connects Ichabod's Landing with the Lighthouse. Mr. Tung stated that as part of the approved Riverfront Concept Development Plan and the Special Permit approval, the in-water elements of the fishing pier near Ichabod's Landing boundary and the dock and dine pier will require approvals from the Department of Environmental Conservation, the Army Corps of Engineers, and the Village, and are planned to coincide with the waterfront open space construction without holding up the progress of the land construction areas. Tom Andruss asked if trash bins will be provided and collected by the Village and if snow removal will be considered along the pathways. He suggested that the number of lighting bollards be reduced. Mr. Andruss asked if signage is proposed within the public spaces to detail permitted and restricted uses. Sean McCarthy stated that garbage and recycle bins have been considered in the plans but snow removal for the paths has not be addressed. Lanie McKinnon stated that they will review the lighting plan and consider reductions. Peter Chavkin stated they will consider way-finding signage for the spaces but posting of regulations will be decided by the Board of Trustees upon taking ownership of the waterfront open spaces. Sean McCarthy stated that as per the County River Walk System, there is a standard signage design that will need to be incorporated into the plans to connect the waterfront open space. 4 (6/18/20) �Erin Carney asked if there will be water fountains provided for pedestrians visiting the waterfront open space. Lanie McKinnon stated that there are drinking fountains included in the submitted site plan. Kersten Harries asked for the estimated completion times for the Phase I waterfront open space, the Village Green, and the Palisades Green. Peter Chavkin stated that the work for the Village Green is nearly complete. They anticipate starting the dedication process with the Village Board for the first two sections of the Tappan Zee Park, the Village Green, and the Phase I streets. The Hudson Plaza will be led by the Village through a grant received from Tappan Zee Contractors through New York State. The Phase I waterfront open space project will take two to three planting seasons or 12 to 18 months to finish it entirely, depending on the start date. Mr. Chavkin stated that he is unable to estimate a time frame for the Palisades Green as they will have to get through the Village approval process as well as resolve funding issues. Chairperson Hsu stated that the application will be referred to the Board of Trustees for the oversite of the Special Permit. Chairperson Hsu requested a model to detail the operating and maintenance costs that would be incorporated in the Village expenses for the waterfront open spaces. Peter Chavkin stated that an operations and maintenance memorandum was shared with the Public Space Committee to detail how the waterfront spaces should be maintained and the estimated costs associated with the maintenance. He will share it will the Planning Board and the Village Board. Kersten Harries asked what is proposed to keep the edge along the river and rip rap safe and secure. Peter Chavkin stated that as part of the environmental approval in the early 2000s, there were two areas that were identified as needing repairs. A study was completed to evaluate the conditions of the river edge and it was identified that there are some areas in need of repair at the rip rap. They will submit this study to the Planning Board and the Board of Trustees. Mr. Chavkin stated that they will address these repairs in conjunction with the application submitted for the in-water structures. Mr. Chavkin stated that comments were submitted by the Village Planner and the Consulting Engineer suggesting that fencing, railing, or some sort of protective barrier be installed between the waterfront open space and the rip rap. Mr. Chavkin stated that the first objective for the waterfront open space, outlined by the Public Space Committee, and stated by Mayor Wray, was that there should not be a barrier and not to keep people away from the water. Mr. Chavkin stated that they did not include barriers as per the request of the Mayor. Mr. Chavkin requested that the Planning Board schedule a public hearing for the July meeting. 5 (6/18/20) �Chairperson Hsu asked Anthony Catalano and Sean McCarthy if there were any issues with scheduling a public hearing for the July 16, 2020 meeting. Anthony Catalano stated that their engineering review included extensive comments related to concerns of storm water management, potential safety hazards, emergency access, and soil quality that need to be addressed. If they can be addressed before the July 16, 2020 meeting it would be helpful. It is up to the Planning Board to decide if they want to schedule the public hearing with open comments. David Smith stated that the applicant provided a design detail that will allow the public to understand the Phase I waterfront open space. The decision to schedule the public hearing is up to the Planning Board. Discussion ensued on the approvals needed in order to file for the in-water structures of the Phase I waterfront space. Motion was made to schedule a public hearing for the July 16, 2020 meeting and to refer the application to the Board of Trustees. Moved: Chairperson Hsu Seconded: Andruss Chairperson Hsu - yes Thomas Andruss - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Vote 5-0 APPROVED 4. Jonathan Villani, 30 Andrews Lane, Proposed townhome development- set public hearing Motion was made to schedule a public hearing for July 16, 2020. Moved: Chairperson Hsu Seconded: Krakauer Chairperson Hsu - yes Thomas Andruss - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Vote 5-0 5. Approval of minutes- May 21, 2020 Motion was made to approve the May 21, 2020 minutes as amended. Moved: Andruss Seconded: Harries Chairperson Hsu - yes 6 (6/18/20) �Thomas Andruss - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Vote 5-0 APPROVED Motion was made to adjourn the meeting at 9:40 PM. Moved: Chairperson Hsu Seconded: Andruss Vote 5-0 Respectfully submitted, Pamela Kroll Secretary to the Planning Board 7 (6/18/20) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-2020 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_2020-06-18 Subject The topic of the resource Planning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/95c97d829ef32b8532324d9ddb1d56fe.pdf aec960987d8ae87cdd832c8a59856b85 PDF Text Text RESOLUTION Adopted at the May 21,2020 Meeting of the Village of Sleepy Hollow Planning Board RESOLUTION: Preliminary Plat Approval PROPOSED: Creation of additional parcel LOCATION: 467 Munroe Avenue TAX MAP DESIGNATION: Section 115.7, Block 4, Lot 10 ZONING: R-2 One Family Residential, Low Density WHEREAS, the Planning Board of the Village of Sleepy Hollow has reviewed a subdivision application for the creation of an additional building lot (the Application) for property currently located at 467 Munroe Avenue known locally as Section 115.7, Block 4, Lot 10 pursuant to the Village Zoning Code, and to applicable laws and regulations considered pertinent to the Application. The Application is submitted on behalf of Roger Billharz (the Applicant). WHEREAS, the Planning Board has reviewed the following materials: 1. Planning Board Application, dated 4/2/20, signed by Gregory M. Gall Architect; 2. Subdivision Plat dated 5/18/20, prepared by Line & Grade Surveyors, D.P.C.; 3. Short Environmental Assessment Form, dated 4/2/20, signed by signed by Gregory M. Gall; 4. Review memoranda from Dolph Rotfeld Engineering an Al Engineering Company dated 4/12/20 and 4/30/20. WHEREAS, the proposal was discussed by the Planning Board at public meetings held at Village Hall on 4/16/20, and on 5/21/20 a public hearing was opened in which all members of the public were invited to be heard and said public hearing was closed the same night; 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 made the following findings and caused, noted or 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; NOW, THEREFORE, BE IT RESOLVED, that Planning Board, after review of the materials submitted, public comments 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 a two lot subdivision as shown on the Subdivision Plat prepared for 467 Munroe Avenue dated 5/18/20 is hereby granted approval and the Applicant may obtain the endorsed approval of the Planning Board Chairperson on a copy of the resolution and the appropriate subdivision plan, which endorsement shall permit the filing of the Final Plat, 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, 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 this resolution being signed. PLANNING BOARD VILLAGE OF SLEEPY HOLLOW n SO* Date the undersigned ie foregoing is a true copy of an extract duly adopted by the Board of Trustees/Planning/Zoning of the Village of Sleepy Hollow, on the 2 - L d a y of MO^f 2 0 ^ and of the whole thereof, and f further certify that the same was entered into the minutes of the meeting of said Board of Trustees/Planning/Zoning held on said date. IN W I T N E S S WHEREOF, I have hereunto set mv hanH � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-2020 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_2020-05-21_467-Munroe-Avenue-Approved-Resolution Subject The topic of the resource Planning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/fd487a50e199e5e796a986e815ab5957.pdf 1b065e35b298b33fa0333d4ab9fd848a PDF Text Text RESOLUTION Adopted at the May 21,2020 Meeting of the Village of Sleepy Hollow Planning Board RESOLUTION: SITE PLAN AMENDMENT PROPOSED: East Parcel Phase 1 LOCATION: 60 Continental Street TAX MAP DESIGNATION: Section 115.11, Block 1, Lots 2 and 85 (East Parcel) ZONING: RF - Riverfront District WHEREAS, the Village of Sleepy Hollow (the "Village") established the Sleepy Hollow Local Development Corporation (the "SHLDC") as a not-for-profit local development corporation with purposes and powers that include constructing, acquiring, rehabilitating for use by others, and assist financially with the construction, acquisition, rehabilitation and improvement, to maintain and/or lease such facilities on its behalf or for others within the Village; and WHEREAS, as part of the application processes and previous decisions and agreements between the Village, Lighthouse Landing Ventures, LLC and its predecessors in interest, the East Parcel (Section 115.11 Block 1 Lot 2 and Sect. 115.11 Block 1 Lot 85, generally the terminus of Continental Street) (the "Project Site") was to be conveyed to the Village, or its designee; and WHEREAS, the Village designated the SHLDC to receive the conveyance and take ownership of the East Parcel; and WHEREAS, by deed dated December 22, 2014, and recorded under Control No. 543173286 on December 24, 2014, the SHLDC received the conveyance and took ownership of the East Parcel; and WHEREAS, an application to grant a Special Permit (the "Special Permit") and approve a Riverfront Development Concept Plan (the "Concept Plan") for the construction of a Department of Public Works facility, active and passive recreation uses including but not limited to an outdoor amphitheater with great lawn, a multipurpose sports field, skate park and sports courts, a community facility, parking, roadway improvements including but not limited to a vehicular and Page 1 of 4 �pedestrian overpass from Continental Street to cross over adjacent Metro-North train tracks, and at the Village's discretion, a proposed school district bus repair garage or other Village related use(s) (collectively, the "Proposed Project") was made by the Sleepy Hollow Local Development Corporation (the "LDC" or "Applicant") to the Mayor and Board of Trustees (the "Village Board") of the Village of Sleepy Hollow (the "Village") and granted on or about September 12, 2017; 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 (the LWRP); WHEREAS, the Applicant filed for and received a revised filling permit (granted November 16, 2017), so as to continue site preparation work and allow the placement of fill at locations not originally identified as part of the initial fill permit and allowing for the increase of truck trips to bring fill to the Site from 25 to 50 trips per day; and, WHEREAS, the Applicant filed for and received a site plan approval (dated February 22, 2018) for Phase 1 which includes the following: implementation of a ground improvement program including the use of surcharging and wick drains to ready a portion of the Site for development activities, relocation of two existing utility lines (water and sewer), placement of fill necessary to construct a new Department of Public Works facility and the placement of fill necessary for the construction of a portion of a new access-way out to Beekman Avenue (hereinafter, the Phase 1 Improvements); and, WHEREAS, since the Site Plan approval, the Applicant and its consultants have been actively engaging with the Village and its Police Department on the coordination of the import of fill and overall construction activities; and WHEREAS, the Applicant submitted a written request to the Planning Board in December 2019 to increase the maximum number of trips to 75 per day and did receive approval from the Board on December 19, 2019; and WHEREAS, the current source of fill being brought to the Site is being brought at no charge for either the fill or delivery and the Applicant is desirous of increasing the number of truck trips per day to a maximum of 100 trips and has submitted a written request to the Planning Board dated May 5, 2020; and Page 2 of 4 �WHEREAS, the Applicant appeared before the Planning Board at their May 21, 2020 meeting to review to the proposed increase in the number of truck trips; and WHEREAS, pursuant to 6 NYCRR Part 617, the SEQRA regulations, the Planning Board has made the following findings and caused, noted or conducted the following activities: 1. Requested, received and considered comments from Village staff and consultants about the proposed project which were provided in written form or discussed with the Board during the course of the Planning Board meeting; 2. Received and reviewed a short Environmental Assessment Form; NOW, THEREFORE, BE IT RESOLVED, that having reviewed the entire record as noted above, in relation to the previously approved Special Permit and Site Plan Approval, the Planning Board finds 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 Phase 1 Site Plan, 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; 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; and be it further, Page 3 of 4 �RESOLVED, that the request to increase the number of truck trips to a maximum of 100 trips per day is hereby granted approval and the Applicant may obtain the endorsed approval of the Planning Board Chair on a copy of this resolution, subject to conditions and modifications identified below: 1. All conditions identified in the Planning Board's February 22, 2018 Site Plan Approval shall remain in full force and effect. PLANNING BOARD VILLAGE OF SLEEPY HOLLOW Date «fce^JLjtoy 2 0 T Z O m I of u f n f e t h s m C ansli II i i w t w darffy that if© s o t ® entered toto te iinriimjiites of te of of T n i B l B e a f f ' t a i ^ Z n ^ ^ Undid on saitf date. "M WITNESS WHEREOF;, 0 hat* teeumto s s t my tend a n d o f f i o a i L a ^ i f e VSLjtevdf A u / u f Page 4 of 4 ^ Z-O � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-2020 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_2020-05-21_60-Continental-Street-Approved-Resolution Subject The topic of the resource Planning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/310cdd9004a6322f0eae289d9ac06c41.pdf 9a458d57c4c5cdb47dafe3757841845d PDF Text Text RESOLUTION Adopted at the April 16,2019 Meeting of the Village of Sleepy Hollow Planning Board RESOLUTION: SITE PLAN APPROVAL PROPOSED: Two-family Family Residence LOCATION: 34 Hudson Street TAX MAP DESIGNATION: Section 115.15-1-26 ZONING: R-4A Residential/Commercial One and Two Family 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 construction of an approximately 2,883 s.f. two-family residence, related stormwater management improvements and utility improvements serving the site (the Proposed Project), submitted on behalf of Brian Hopkins and Philip Holub (the Applicant); and WHEREAS, the Planning Board has reviewed the following materials: 1. Site Plan application, dated 12/19/19 signed by Brian Hopkins; 2. Site plan set for the subject site, dated-12/5/19, prepared by H+H AO Architects; 3. Updated site plan sheet dated 1/8/20 prepared by H+H AO Architects; 4. Short Environmental Assessment Form, dated 12/3/19 signed by Brian Hopkins; 5. Zoning Compliance Form, dated 12/4/19, unsigned; 6. Property Survey, prepared by Big Apple Land Surveying dated 12/4/19; 7. Tax documents from the Village of Sleepy Hollow, dated 12/3/19; 8. Property Deed recorded 1/7/20; 9. Ownership change letter dated 1/26/20 signed by Philip Holub 10. Review memo from Planning & Development Advisors dated 12/10/19; 11. Review memos from Dolph Rotfeld Engineering A Division of Al Engineers, Inc., P.C. dated 12/12/19, 1/23/20 and 2/21/20; Page 1 of 3 �12. 3D cross section, undated, prepared by Brian Hopkins, AIA. WHEREAS, the proposal was discussed by the Planning Board at a public meeting held at Village Hall on 12/19/19, at which time the Planning Board made a referral of the Application to the Zoning Board of Appeals; and WHEREAS, on 2/19/20 the Zoning Board of Appeals granted the requested variances; and WHEREAS, the Planning Board held a public hearing on 2/20/20 in which all members of the public were invited to be heard and said public hearing was carried over and subsequently closed on 4/16/20; and WHEREAS, during the course of the site plan review process, various members of the Planning Board visited the site to acquaint themselves with the site; and WHEREAS, in the course of its review and pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 of the Environmental Conservation Law, the Planning Board has made the following findings and caused, noted or 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; 4. Held a duly noticed public hearing; and 5. Considered the factors set forth in Village Code Sec. 450-67.A. NOW, THEREFORE, BE IT RESOLVED, that Planning Board, after review of the materials submitted, public comments and recommendations and the EAF, has determined that the proposed action is a Type II Action and has been determined not to have a significant impact on the environment or is otherwise precluded from environmental review under Article 8 of the Environmental Conservation Law; and, be it further RESOLVED, that the Planning Board has reviewed the plans and specimen building materials, the uniformity, dissimilarity, inappropriateness, and quality of design and approves the architectural design of the Proposed Project; and, be it further RESOLVED, that the said Application for site plan approval relative to construction of a two-family home and other related improvements as shown on the site plan dated last revised 1/8/20 and as may be subsequently revised, 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, 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 & 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): Page 2 of 3 �1. 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; 2. Documentation, sufficient in form and substance for the Village Engineer that the list of items outlined in the Village Engineer's 2/21/20 correspondence have been incorporated onto the Site Plan drawings or otherwise addressed; 3. Prior to the issuance of a Certificate of Occupancy, an as built survey shall be provided to the Village Building Department, and 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 t? J J b ZoZ^ Date L (VOooOfel •MCUVi the undersigned terk/DeoutvClerk, Clerk, herebv certify \\ the foregoing is a Clerk/Deputy dodo hereby certify that true copy of an extract duly adopted by the Board of Trustees/Planning/Zoning of the Village of Sleepy Hollow, on the IG? day of _Afilkt 2 0 J t L and of the whole thereof, and I further certify that the same was entered into the minutes of the meeting of said Board of Trustees/Planning/Zoning held on said date. IN WITNESS WHEREOF, I have hereunto set my hand and o f f i c i a l this \«L dav of . 20^0 .kL lerk Page 3 of 3 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-2020 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_2020-04-16_34-Hudson-Street-Approved-Resolution Subject The topic of the resource Planning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/36018d7260415422b46f14ca0c0d228a.pdf 274c3d831e2ce8a4ed75623bb8270a03 PDF Text Text Village of Sleepy Hollow Planning Board Minutes May 21, 2020 The regular meeting was held via Zoom webinar and called to order at 8:00 PM by Chairperson Marjorie Hsu. Residents could not attend in person due to the COVID- 19 pandemic, but could participate by phone and video. The Board and applicants participated by videoconferencing. Chairperson Hsu stated all the Board members are in attendance. Present: Marjorie Hsu, Chairperson Matthew Brennan Erin Carney Thomas Andruss Kersten Harries Lindsay Krakauer Ed McCarthy Also Present: Clinton Smith, Village Attorney David Smith, Village Planner James Natarelli, Village Engineer Jennifer Martinez, Consulting Engineer Anthony Catalano, Consulting Engineer Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Planning Board Agenda: 1) Landrock LLC, 231 Webber Avenue, Final subdivision plat - Continued public hearing 2) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase III preliminary subdivision and roads and infrastructure site plan- Continued public hearing, draft resolution 3) Roger Billharz, 467 Munroe Avenue, Proposed subdivision, preliminary plat-Public hearing 4) Anthony and Nicole De Felippis, 18 Fremont Road, Tree removal appeal - Discussion 5) Sleepy Hollow Local Development Corp., 193 Beekman Avenue, Strategic Property Development Zoning Code, Re-zoning petition-Discussion 6) Sleepy Hollow Local Development Corp., 60 Continental Street, East Parcel filling operations permit amendment -Discussion 7) Jonathan Villani, 30 Andrews Lane, Proposed townhome development - Discussion 8) Rock of Salvation Church, 131 Cortlandt Street, Proposed parking lot- Preliminary presentation 9) Approval of minutes - April 16, 2020 Sean McCarthy read the following statement: 1 (5/21/20) �Tonight's meeting is convened in accordance with the Governor's Executive Order Number 202.1 issued March 13,2020 which suspends certain provisions of the New York State Open Meetings Law to allow a municipal board to convene a meeting via videoconferencing. In accordance with the Executive Order, the public has been provided with the ability to view tonight's meeting and public hearings, and a transcript will be provided at a later date. I have also confirmed with the Village Clerk that this meeting has been duly noticed by posting a notice on the Villages' bulletin board, the Journal News newspaper, and posting a copy on the Village website. Be advised that tonight's meeting is being aired live on cable television and streaming live on YouTube. Chairperson Hsu read the agenda and polled the Board members for attendance. 1. Landrock LLC, 231 Webber Avenue, Final subdivision plat- Continued public hearing Motion was made to open the public hearing. Moved: Brennan Seconded: McCarthy Vote 7-0 William Null is a Partner with Cuddy & Feder LLP representing Landrock LLC for the proposed subdivision application. Mr. Null stated that since the Preliminary Subdivision Plat approval on October 17, 2019, they have been working with the Village and the Westchester County Board of Health to get the Final Subdivision Plat signed and ready to submit to the Planning Board. The request for an easement has been submitted to the Village to coordinate with New York State as per the condition to extend the water main system to connect to the 12 inch Village water main on the Rockefeller State Park Lands. Mr. Null stated that the extension of the water main is the only change proposed to Gorey Brook Road. The declaration of covenants will include restrictions to the motor vehicle use on Gorey Brook Road by lots one and two of the proposed subdivision and will be submitted to the Village to approve when the filed subdivision map is recorded with the County. The access to the Rockefeller State Park, through Gorey Brook Road, runs by privately owned land that had been in the Rockefeller family for over one-hundred years and access to what is now Rockefeller State Park has been provided through the generosity of the Rockefeller family, and they are not proposing to change it by the filing of the subdivision map. They are proposing to develop three lots and there are no changes to Gorey Brook Road based on what has been submitted. Mr. Null stated there have been no changes added to the Plat since the Preliminary Subdivision Plat approval. They have incorporated the requested notes and the easement modifications. Donna Maiello is a Senior Associate and Landscape Architect at Divney Tung Schwalbe, LLP representing Landrock, LLC. Ms. Maiello stated that there have been slight refinements made to the subdivision plat as requested by the Village and the Westchester County Department of Health. The water supply system was extended north so it can be connected to the Villages' existing water supply system to create a looped system. A portion of the extension passes through the Rockefeller State Park Preserve property so they have assisted in submitting a request to the New York State Department of Parks, Recreation and Historic Preservation to grant an easement through the Park Preserve for this connection. Ms. Maiello stated that as per Linda Cooper, Regional Director, of the New York State Department of Parks, Recreation and 2 (5/21/20) �Historic Preservation, the project has to be entered into the Cultural Resource online system so that it can be reviewed by their Technical Services Bureau. Ms. Maiello stated that the applicant will be completing this application and will contact Sean McCarthy and James Natarelli for additional information if needed. As per the request of the Village, Easement D, the water and sanitary sewer easement, was extended so that it includes the entire length of Gorey Brook Road within the boundaries of Landrock LLC. Easement A, the access and driveway maintenance easement, was shortened so that it terminates at the north east corner of the proposed lot three rather than extending it down to and include Gorey Brook Road. As per the Villages' request, changes to the notes were made on the plat. Note number six was added to say: The ownership of the underlying fee interest to Gorey Brook Road is not determinative of the ownership or use of the bed of Gorey Brook Road. William Null stated that note number six was a condition of the Preliminary Plat approval. Donna Maiello stated that as per the request of the Westchester County Department of Health, note number seven was added to say: The sanitary sewer was approved under permit SS13-002 and is being submitted for Final Approval by the Department of Health with the development of this Subdivision. Donna Maiello stated that James Natarelli had some questions regarding the sanitary sewer approval. Mark Shogren, the Project Civil Engineer will be available to answer questions and James Natarelli will reach out to Anthony Kunny, Assistant Engineer from the Department of Health for answers to other questions. Ms. Maiello stated that as part of the realty subdivision application, other documents were submitted for review by the Village, Village consultants and the Department of Health including an engineer's report, water main application extension drawings, including construction plans and details. The drawings, the report, and the final plat were reviewed and approved, and the final plat was signed by the Westchester County Health Department. William Null stated that the area of the easement that will be a Village of Sleepy Hollow easement, if granted by the Rockefeller State Park, and appears to extend into the Old Croton Aqueduct, is redundant to the existing easement for the current Village water main. The easement extends on either side of the anticipated water main location and the purpose of the easement is to allow maintenance access. Mr. Null stated that although they would agree to revise the plat and having it signed by the County, that area of encroachment is not an area where the Village needs an easement for the water main maintenance access. Mr. Null stated Michael and Tara Rockefeller, members of their family, and maintenance personnel have used Gorey Brook Road for motor vehicle access at times in order to get in and out of the property. Mr. Null stated that the Planning Board does not have jurisdiction to change the Rockefeller's legal rights to use Gorey Brook Road. They are not proposing to expand the motor vehicle usage but the access to their property over the existing road has been in place for over one-hundred years. Mr. Null stated that the applicable law on final subdivision plats is that if a final subdivision plat is submitted to be substantially compliant with the approved preliminary subdivision plat, the final 3 (5/21/20) �subdivision plat should be approved. The final plat submitted shows that they have complied with the Preliminary Subdivision Plat approval. Chairperson Hsu stated that the Planning Board is not taking a position and not making a statement with regards to Gorey Brook Road for motor vehicles. Matthew Brennan asked Clinton Smith if the note number six, related to the easement, compromises the Village current position as an open item. Clinton Smith stated that note number six doesn't compromise the Village and it means that the ownership of the land is not determinative of the road that rests on top of the land and is referenced to the fact that Gorey Brook Road is a historic road and has been maintained by the Village. Mr. Smith stated that because the road is shown on Landrock's property survey, it is not determinative that Gorey Brook Road is a public road. Chairperson Hsu solicited comments from the public. David Steinmetz of Zarin & Steinmetz is the attorney representing John and Carol Lyden and stated that a letter was submitted to the Planning Board on May 20, 2020 (see attached exhibit #1) to layout their position and concerns as it relates to Gorey Brook Road. Mr. Steinmetz stated that it is his understanding that a petition has been submitted to the Board, from a number of neighbors who share their position and concerns regarding Gorey Brook Road. Mr. Steinmetz stated that the Lyden's do not object to the proposed subdivision but are concerned about the proposed use of Gorey Brook Road and the lack of clarity in the administrative record. Discussions from the applicant for the possible uses of Gorey Brook Road have included emergency access, improvements to the road, fences, gates, and drainage site improvements. Mr. Steinmetz stated that William Null has stated that these issues will be addressed during later site plan approvals. Mr. Steinmetz stated that addressing the proposed uses of Gorey Brook Road during site plan approvals would create a situation of unlawful segmentation. Mr. Steinmetz quoted members of the Planning Board and statements they made during the Work Session. Mr. Steimetz stated that if they wait to address the concerns at site plan approvals, it allows three lots to be created without nailing down what will happen to Gorey Brook Road and will be deferring the most significant aspect of the subdivision. Mr. Steinmetz stated that he strongly urges the Planning Board not to sign off on a plat that includes the note number six and that the note attempts to adjudicate the private rights between Landrock and his clients. The Planning Board does not have the jurisdiction to adjudicate the existing or lack of a pedestrian easement on a plat. The note number six should be removed from the subdivision plat. Tammy Gales lives at 32 Gorey Brook Road. She read the letter that was submitted with a petition to the Planning Board on May 21, 2020 on behalf the residents of Gorey Brook Road and Ridge Road to express objections to motor vehicle access on Gorey Brook Road. (see exhibit #2 ). Ms. Gales stated that she could provide an updated petition with more signatures if permitted. Chairperson Hsu stated that Tammy Gales is welcome to submit an updated petition to the Building Department for the Planning Board. 4 (5/21/20) �Lauren Connell lives at 5 Pleasant Street and questioned what will happen to the gravel access path between Sleepy Hollow Road and Gorey Brook Road that provides two access points to Rockefeller State Preserve. William Null stated that the gravel path area is an existing driveway path that is privately owned Landrock property of which Michael and Tara Rockefeller have permitted the public to use. Once the three houses are built, the path will not be accessible for public use. There are alternate ways to get into the Park. Lauren Connell asked how the gravel path is different that than the use of Gorey Brook Road. William Null stated that the gravel access path may be closed to the public without the subdivision approval. There are no proposed improvements to Gorey Brook Road at this time other than the occasional vehicle use by the property owners. Clinton Smith stated that Gorey Brook Road is a Historical Road that has been maintained by the Village in the past, which by common- law is a public road. The Village has not maintained the privately owned gravel path and it has been blocked off for some time. William Null stated the area of Gorey Brook Road in question has been maintained by Michael and the Rockefellers for decades and has not been maintained by the Village. David Steinmetz reiterated the statements made by William Null and stated that the intentions for Gorey Brook Road must be clarified for the record before the three lots are developed. Tammy Gales requested a deadline date to submit additional petition signatures and comments from the public. Sean McCarthy stated the next Planning Board meeting is June 18, 2020 and that if the public hearing remains open, the Building Department could receive additional submissions up until that date. Chairperson Hsu asked if the public comments could remain open for a period of time even if the public hearing is closed at tonight's meeting. Sean McCarthy stated that if the public hearing is closed, a deadline for public comments should be established. William Null objected to Mr. Steinmetz's comments made on the applicant's intentions of the use of Gorey Brook Road and that the issues between the applicant and Mr. Steinmetz's clients are a civil matter. Mr. Null stated that the intentions for the three lots are clear in the restrictions that they have set for the use of Gorey Brook Road for occasional motor vehicle access. Mr. Steinmetz requested that a note be added to the Final Subdivision Plat to say: 5 (5/21/20) �"Gorey Brook Road shall be maintained in its' bucolic state and condition but it shall remain open and accessible to the public for allforms of non-motorized access to include pedestrians, horses, horse drawn carriages, joggers, and alike " Mr. Steinmetz requested that the letter received from the Parks Department be shared with the public. Seth Markowitz, the owner of 5 Pleasant Street, asked for a confirmation of the vehicle use that is proposed for Gorey Brook Road. William Null stated that it is proposed that lots one and two will not have motor vehicle access, lot three will continue to have vehicular access, and that the principle access for all three lots will be from Webber Avenue. Susan Lewenz is the owner of 41 Gorey Brook Road and stated that there has been no vehicular traffic allowed on the Gorey Brook Road and that is what they request continues. William Null stated that the Rockefellers have driven on Gorey Brook Road for many years to access their property. Chairperson Hsu stated that based on information discussed with the Village, Gorey Brook Road is used by maintenance vehicles for access on an occasional basis. Lauren Connell stated that she has never witnessed vehicular use on Gorey Brook Road. William Null stated that pictures have been submitted to prove the occasional vehicular use of Gorey Brook Road and the Board should not strip his clients' rights to use their property. Chairperson Hsu asked Linda Cooper to read the letter she submitted on behalf of the State Parks Department. Linda Cooper, Regional Director for the Taconic Division of the New York, Parks, Recreation and Historic Preservation. She read the letter submitted to the Planning Board dated May 20, 2020 (see exhibit #3) Chairperson Hsu stated that it is the general consensus amongst the applicant, the neighboring residents, and the Planning Board to maintain the current state of Gorey Brook Road. Motion was made to close the public hearing and to accept written public comments until the close of business on May 29, 2020. Moved: Andruss Seconded: Harries Chairperson Hsu - yes Thomas Andruss - yes Matthew Brennan -abstained Kersten Harries - yes 6 (5/21/20) �Lindsay Krakauer - yes Erin Carney - yes Edward McCarthy - yes Vote 6-0-1 APPROVED William Null stated that they will coordinate revisions if needed for the triangular area on the plat; they have submitted the request for the easement for coordination with the Village, and plan to submit the state wide cultural review with the Parks Department. 3. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase III preliminary subdivision and roads and infrastructure site plan- Continued public hearing Andrew Tung is an associate of Divney Tung Schwalbe LLP representing the applicant. Mr. Tung stated that the request is for the approval of expansion of the site work adjoining the Phase III roadways required to complete the site filling preparation operations. Mr. Tung stated that they are in receipt of the comments from the engineering consultants and Sean McCarthy. They believe they can address the majority of the comments with conditions. Mr. Tung stated that it was suggested by Sean McCarthy that some of the memo items be addressed with the Planning Board. Motion was made to open the public hearing. Moved: Andruss Seconded: Krakauer Vote 7-0 Chairperson Hsu solicited comments from the Board. There were no comments from the Board. Chairperson Hsu asked Sean McCarthy if there were specific items from his review memo that should be discussed or can they be handled with conditions on the resolutions. Sean McCarthy stated that the open items from his review memo have been referenced as a conditions of approval unless the Board members have any questions. Kersten Harries stated that she is in agreement with the recommendations from Sean McCarthy's memo and the conditions that have been incorporated into the resolution. David Smith stated that the resolution before the Board is similar to what the Planning Board has considered in part for Phase II. David Smith summarized the additional conditions added to the resolution for approval as per Sean McCarthy's and Anthony Catalano's recommendations Peter Chavkin, Managing Partner for Lighthouse Landing Communities, LLC, read item number thirty-nine from Sean McCarthy's memo which recommended including street-tree landscape lighting on Lighthouse Landing and Westward Drive and stated that their response was that the applicant is not proposing such lighting along with Phase III roadways, as no such lighting was included in either the Phase I or Phase II roadways. Mr. Chavkin stated that there will be ample 7 (5/21/20) �street lighting and that since the street trees will be owned by the Village, it would require additional Village maintenance. Mr. Chavkin requested that this recommendation will not be a condition of the site plan approval. Chairperson Hsu asked Sean McCarthy to speak on the recommendation of street-tree lighting. Sean McCarthy stated that his recommendation intended to propose electrical sources to the street-trees for future events and decorative purposes. Providing conduits now will provide safer options in the future for business owners in the mixed use and commercial areas of the development. Peter Chavkin stated that he appreciates the explanation and agrees to provide the infrastructure for possible street-tree lighting in the recommended areas. Chairperson Hsu asked if it is possible to address the earlier phases I and II and add the additional infrastructure. Sean McCarthy stated that he anticipated the options being helpful in the commercial, mixed-use areas where there will be more night life and traffic and doesn't think it will be necessary in the residential areas. Craig Tompkins, Project Manager for Lighthouse Landing Communities, LLC stated that they have already included GFI outlets mounted on the tops of street light poles down Maxwell and Westward Drive. Ed McCarthy asked Sean McCarthy if Con Edison has provided location maps for their above ground equipment. Sean McCarthy stated that a condition will be in the resolution to request that all above ground utility equipment locations be documented on the plans for approval prior to Building Permit approval. Chairperson Hsu solicited comments from the public. There were no comments from the public. Motion was made to close the public hearing. Moved: Andruss Seconded: McCarthy Vote 7-0 Motion was made to adopt the resolution. Moved: Brennan Seconded: Andruss Chairperson Hsu - yes Thomas Andruss - yes Matthew Brennan - yes Kersten Harries - yes 8 (5/21/20) �Lindsay Krakauer - yes Erin Carney - yes Edward McCarthy - yes Vote 7-0 APPROVED 4. Roger Billharz, 467 Munroe Avenue, Proposed subdivision-preliminary plat - Public Hearing Motion was made to open the public hearing. Moved: Andruss Seconded: Harries Vote 7-0 Gregory Gall, RA is the architect representing the applicants and stated that a revised subdivision plat and plot plan has been submitted to include contours, wooded areas, utilities and the location of proposed divided property line. The proposed subdivision is as of right in regards to Zoning. Chairperson Hsu stated that the revised subdivision plat submitted addresses all of the conditions from the comments of the Village Planner and the Village Engineer. James Natarelli stated that the plat revision addresses all of his comments and concerns. Kersten Harries asked if a draft resolution has been prepared. David Smith stated that a draft resolution has been prepared for the subdivision of the property into two conforming lots with the understanding that any future plans to build a residence on one of the lots, would be required to submit an application for site plan approval to the Planning Board. Sean Bell Thompson is the owner of 465 Munroe Avenue and asked if there are current maintenance issues for the lots. Clinton Smith stated that maintenance compliance issues are in the jurisdiction of Sean McCarthy and the Building Department. Chairperson Hsu stated that compliance with street parking seems to be an issue on the property and asked the applicant to speak on the subject. Roger Billharz is the owner of 467 Munroe Avenue and stated that they are working on the current street parking violations. Sean Bell Thompson asked if resolving of the street parking violation could be a condition of the subdivision approval. Clinton Smith stated that street parking violations are unrelated to the subdivision application. Roget Billharz stated that subdivision of his property is not related to parking cars on the street. 9 (5/21/20) �There were no other public comments. Motion was made to close the public hearing. Moved: Harries Seconded: Andruss Vote 7-0 Motion was made to adopt the resolution. Moved: Andruss Seconded: Harries Chairperson Hsu - yes Thomas Andruss - yes Matthew Brennan - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Edward McCarthy - abstained Vote 6-0-1 APPROVED 5. Anthony and Nicole De Felippis, 18 Fremont Road, Tree removal appeal- Discussion Chairperson Hsu stated the Planning Board has received the invoice from their tree service company and asked Anthony De Felippis to speak on updates of the tree appeal. Anthony De Felippis stated that as per the Boards request, they contracted an arborist to look at the tree and they said the tree should be removed. They sent the letter to the Village. Chairperson Hsu stated that they did not receive any documentation or responses from the Tree Commission at last month's meeting regarding the application. Chairperson Hsu solicited comments from the Board. Matthew Brennan asked Mr. De Fellipis if the source of the root rot sited in the letter from the arborist was connected to the construction of the patio. Anthony De Felippis stated that the tree is old and that the patio is three feet below where the tree is and did not cause damage to the roots of the tree. Chairperson Hsu solicited comments from the Tree Commission. Francios Rjeili is a member of the Tree Commission and stated that he could not appear at the last meeting but did listen to the meeting and then contacted Mr. De Felippis to suggest that he hire an independent arborist for an opinion on the condition of the tree. Mr. Rjeili stated that based on the arborist report, he proposes that the Planning Board approves the application with the code conditions for tree replacements. Chairperson Hsu asked the applicant what they plan for the tree replacements. 10 (5/21/20) �Anthony De Felippis stated that he plans to plant Pine trees as replacements within six months of the removals. Motion was made to approve the Tree Appeal application to remove (1) Beech Tree with the condition to plant two replacement trees. Moved: McCarthy Seconded: Andruss Chairperson Hsu - yes Thomas Andruss - yes Matthew Brennan - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Edward McCarthy - yes Vote 7-0 APPROVED 6. Sleepy Hollow Local Development Corp., 193 Beekman Avenue, Strategic PropertyStrategic Property Development Zoning Code, Re-zoning petition- Discussion Mayor Ken Wray stated that since there have been discussions in the past regarding this application, he asked if there are any questions from the Board members. There were no further questions from the Board. Clinton Smith asked Chairperson Hsu if the Board would like to provide a formal response to the Board of Trustees. Chairperson Hsu stated that the Planning Board provided written comments at the time of the last discussion and the Board is comfortable letting those comments stand. David Smith stated the correspondence from the Planning Board was submitted on January 20, 2020 to the Village Board in relation to the consideration for the adoption of the creation of the Strategic Floating Zone into the Villages' Zoning Code text and maps. Prior to the Board of Trustees closing the public hearing and adopting the Floating Zone petition, the Board discussed and incorporated some of the comments into changes to the Floating Zone petition text. The next step is deciding whether or not to land the Floating Zone on the 193 Beekman Avenue property project. Chairperson Hsu stated that the Board of Trustees will now decide when to act on the Floating Zone and when there is an application submitted to develop the property at 193 Beekman Avenue, the Planning Board will have an opportunity to influence the development. No action was taken. 6. Sleepy Hollow Local Development Corp., 60 Continental Street, East Parcel filling operations permit amendment- Discussion 11 (5/21/20) �Mayor Ken Wray stated that the LDC is requesting approval to allow an increase in the number of truck trips from 75 trucks per day to 100 trucks per day to bring fill into the East Parcel. Since schools have been closed, there isn't a need for the normal street shutdown period in the morning and the afternoon. The LDC also has the opportunity to bring in clean DEC approved fill for the East Parcel from a source where they do not pay a cost for the fill or the trucking of the fill to the site. The LDC will still need to pay the $4.50 per yard of fill for testing of the fill, and to determined where it came from, and where it will go on site. Mayor Wray stated that by increasing the number of truck trips and the amount of fill that can be brought in now, they will be able to complete the filling operations sooner and could be finished by early summer and lessen the impact to the neighborhood streets. Chairperson Hsu asked if there have been any complaints from the neighbors from the increase in trucks from 50 truck trips per day to 75 truck trips per day. Mayor Wray stated that there haven't been any complaints regarding the truck trip increases and that the complaints that have been received for traffic issues have been addressed with the contractors and the Village staff to eliminate the wrong way use of Continental Street and to coordinate the truck traffic on Pocantico Street and Clinton Street. Mayor Wray stated that there is camera system installed on the site and along Continental Street so that issues can be addressed when they occur and so there is a record of it. Mayor Wray stated that he has also met with residents in the neighboring streets to keep them informed on the progress and to hear their concerns. Mayor Wray stated that he hasn't adopted a formal format for community meetings yet. Chairperson Hsu solicited comments from the Board. There were no comments from the Board. Chairperson Hsu requested that the trucks continue to be respectful to pedestrians and cyclists on the streets affected by the truck delivery routes. David Smith stated while he does not have a formal resolution drafted, the last amendment resolution approval reflected the letter request for the increase in truck trips and referred to the conditions adopted in the Planning Boards February 22, 2018 Site Plan approval. Motion was made to grant the site plan amendment to grant 100 truck deliveries per day subject to the same conditions set forth in prior resolution. Moved: Chairperson Hsu Seconded: Brennan Chairperson Hsu - yes Thomas Andruss - yes Matthew Brennan - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes 12 (5/21/20) �Edward McCarthy - yes Vote 7-0 APPROVED 7. Jonathan Villani, 30 Andrews Lane, Proposed townhome development- Discussion Jonathan Villani is the Design Consultant for 30 Andrews Lane. Mr. Villani stated that they propose to construct nine townhouses that are roughly 1,600 square feet per unit. Mr. Villani stated that he wanted to review the proposed changes of the townhomes with the Planning Board before going to the Zoning Board and the Village Board of Trustees. The building heights have been lowered to three stories to be more aesthetically pleasing to the neighborhood. The units have been shifted slightly to be in line and the end units have been shifted forward in the same general locations. The building units have changed in size from 17.5 feet wide by 31 feet long to 15.9 feet wide by 34 feet long and affect the building coverage. Mr. Villani stated that he received the comments from David Smith and Sean McCarthy and that he will address them with plan revisions, but would like to get approval from the Board on the building configurations and changes before he moves forward with making the final revisions to the site plan drawings. Thomas Andruss asked if the intention is to use natural gas and how does he plan to move forward with the Con-Edison moratorium. Jonathan Villani stated that the future owner had a plumber file for the applications with the Con-Edison engineers to have this project fulfilled as part of a previous application. Chairperson Hsu asked Mr. Villani if ground and air sourced sustainable energy heating and cooling has been considered with the future owner as requested by the Board. Jonathan Villani stated that the owner has agreed to solar ready options and they have redesigned the roof lines to allow for solar panel capabilities as alternate heat sources. They are also discussing the installation of power sources in the garages for charging hybrid vehicles. Erin Carney stated the majority of the shrubs, grasses, and ground coverings in the landscape plan are not native species. There are great ecological benefits to having native base line plants and there are plenty of native substitutions for the plants listed on the plan. Ms. Carney suggesting diversifying the species of the seven trees proposed in the front and back of the development. Jonathan Villani stated that he will speak with the Landscape Architect on incorporating native species and diversification into the Landscape Plan. Kersten Harries requested that Jonathan Villani look at the design to see if he can adjust the new configurations so that there is still a sense of separation between the units. Ms. Harries questioned how the attic space will be used now that the buildings have been reduced to three floors. Ms. Harries agreed with Sean McCarthy's recommendation to move the paths for the buildings along Andrews Lane to continue onto the main sidewalks instead of the secondary path. 13 (5/21/20) �Jonathan Villani stated that the attic space will be storage space and for mechanical equipment and that he will make the change from the paths to the sidewalks. Lindsey Krakauer asked Mr. Villani to confirm if there is a basement space. Jonathan Villani stated that the units will not have a basement. There will be ground level garage spaces with crawl space storage and some finished storage space with possibly a place to store trash. Jonathan Villani asked Sean McCarthy if he agrees that he could go to the Zoning Board and the Village Board for approvals based on this current design. Sean McCarthy stated that he agrees that he is prepared to submit to the Zoning Board and the Village Board for approvals. Jonathan Villani asked David Smith if a public hearing could be scheduled with the Planning Board prior to the Zoning Board and Village Board approval. David Smith stated that he should have the variance and the petition approved by the Village Board before requesting a public hearing with the Planning Board. Jonathan Villani asked Sean McCarthy if he agrees with the increase in the building developmental coverage calculations. Sean McCarthy stated that he will trust that his calculations on the plans are correct. Chairperson Hsu stated that the deadline for the Zoning Board submission for the June meeting has passed and suggested that if he could revise the development drawings to adjust the building coverage overage so it does not required a variance; and then maybe the Board could vote to schedule a public hearing after the Board of Trustees approves the ingress and egress petition. Jonathan Villani stated that they have moved to modular construction for the buildings and that he could speak to the company to see if they could reduce the size of the buildings to reduce the coverage and eliminate the need for a variance. Kersten Harries asked if it would be helpful to schedule a tentative date for the public hearing pending receipt of the approvals from the other Boards. Clinton Smith discouraged scheduling a public hearing before the Board of Trustees and the Zoning Board of Appeals have made their decisions. Sean McCarthy stated that due to the statutory time period for having the public notice in the newspaper, without having a definitive date of when the Board of Trustees will hear the petition, it is impossible to set a date for the Planning Board public hearing. Mr. McCarthy stated that the Board is aware of what he will be requesting and suggested submitting a letter to the Board of Trustees as soon as possible to expedite getting on their agenda. 14 (5/21/20) �No action was taken. 8. Rock of Salvation Church, 131 Cortland Street, Proposed parking lot- Preliminary presentation Jorge B. Hernandez, RA is the architect representing the applicant. Mr. Hernandez stated that the church is located at 131 Cortlandt Street and the lot they propose to develop is on 135 Cortlandt Street. There is currently an empty space between the church and 139 Cortlandt Street. Previously, there was a building on 135 Cortlandt Street that was demolished with the intention to build a parking lot to be used by the church. Site plan approval for the parking lot was approved by the Planning Board in 2015 to include conditions of which were not met or not approved. The new application proposes to construct a similar parking lot that includes an easement agreement with current owners of 139 Cortlandt Street and a gate. The verbal easement agreement for ingress and egress to the property is being finalized with the owners of 139 Cortlandt Street. In 2015, the Planning Board denied the proposed gate due to concerns of the gates accessibility and the queuing from the street to get in to the parking lot. The concerns of the church were how the parking lot is used during the evening hours by the businesses across the street. They are now proposing to keep the gate open during the day and close it between the hours of 10:00 PM to 6:00 AM to prevent the use of the parking lot overnight from neighboring properties. The owners and occupants of 139 Cortland Street will have access to the property for egress and will have a key or automatic opener that will allow them to get in and out of the gate during the closed hours. Lindsay Krakauer asked if the tenants using the egress are aware of the proposed gate. Jorge Hernandez stated that the gate will be on the Rock of Salvation property and that the egress and the gate will be a part of the easement agreement with 139 Cortlandt Street. There is also another entrance to 139 Cortlandt Street. Chairperson Hsu asked Mr. Hernandez if he was the architect on the prior application. Jorge Hernandez stated that he was the architect on the prior application. Chairperson Hsu asked why the church did not act on the previous approval for the parking lot. Jorge Hernandez stated that the Rock of Salvation Church wanted to find a way to include the gate and they couldn't reach an easement agreement with the prior owner of 139 Cortlandt Street. Erin Carney stated that the proposed parking lot increases the impervious surface of the property and asked if there is a way to address the heat island effect that the increase in pavement will create in the area. Jorge Hernandez stated that it was previously impervious surface when the building existed. 15 (5/21/20) �Chairperson Hsu questioned if the proposed gate closure hours would be active seven days a week; if the proposed parking lot will only be used during church services, and where the parishioners currently park. Jorge Hernandez stated that the proposed gate closure hours will be in effect seven days a week. The parking lot will be used only during church services, which are mainly on Sunday and some weeknights. The parishioners currently park either on the street or in a remote parking lot which makes it difficult during services. Lindsay Krakauer asked who will be responsible for the opening and locking of the gate. Jorge Hernandez stated there will be a remote system or someone from the church will be responsible. Chairperson Hsu asked if there were specific incidents with neighboring establishments. Jorge Hernandez stated that there were previous incidents and that the Pastor could speak of them when it is not a public meeting. James Natarelli asked if he received the memo that he prepared and stated that it is most important that all of the existing or proposed easements are shown on the plan including the access easement and the drainage easement for the adjacent property. Mr. Natarelli requested a vehicular maneuvering diagram for the gate and how it will affect street traffic. Jorge Hernandez stated that he will prepare revisions to address Mr. Natarellis review memo and the gate is now proposed to be open for most of the day to avoid queuing from the street and be available to only those who have access during the overnight hours when there should be less traffic concerns. He will provide a maneuvering plan as part of his next submission. Chairperson Hsu stated that the next Planning Board meeting is June 18, 2020 and asked Clinton if they should schedule the public hearing. Clinton Smith suggested waiting until the easement agreement is finalized before scheduling a public hearing. Sean McCarthy and David Smith both agreed that the easement agreement should be finalized before scheduling a public hearing. No action was taken. 9. Approval of minutes- April 16, 2020 Motion was made to approve the April 16, 2020 minutes. Moved: Andruss Seconded: Krakauer Chairperson Hsu - yes 16 (5/21/20) �Thomas Andruss - yes Matthew Brennan - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Edward McCarthy - yes Vote 7-0 APPROVED Motion was made to adjourn the meeting at 10:58 PM. Moved: Chairperson Hsu Seconded: Harries Vote 7-0 Respectfully submitted, Pamela Kroll Secretary to the Planning Board 17 (5/21/20) �David S. Steinmetz • W\fI Z A R I N & STEINMETZ david@ sarin- steinmetz.com • &lso admitted inDC May 21, 2020 Planning Board Minutes - Exhibit #1 May 20, 2020 By Electronic Mail Hon. Marjorie Hsu Chairperson, and Members of the Planning Board Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 Re: Landrock, LLC Subdivision Application: 231 Webber Avenue Dear Chairperson Hsu and Members of the Planning Board: As you know, this Firm represents Carol Lyden and Dr. John Lyden, owners of property located at 150 Gory Brook Road, immediately adjacent to and south of Landrock LLC's proposed three (3) lot residential subdivision at 231 Webber Avenue. You will recall that we appeared before your Board during the last session of the public hearing regarding the Preliminary Subdivision application on October 17, 2019. After the meeting, we followed up with a letter to the Board dated October 30, 2019 (a copy of which is attached hereto). Most recently, as represented by Landrock's counsel in its letter to the Board dated May 8, 2020, the Westchester County Department of Health ("DOH") has approved Landrock's Final Subdivision Plat, dated March 24, 2020 ("Final Plat"), and Landrock will presumably seek Final Subdivision Approval after the culmination of the Public Hearing which commences Thursday evening, May 21. As we previously stated both at the October 17, 2019 meeting, and in the attached letter, the Lydens do not, object to Landrock's proposed subdivision. We are writing now to reiterate, however, our clients' previously articulated concern regarding the lack of clarity in your Tel: (914)682-7800 Fax:(914)683-5490 81 Main Street, Suite 415 White Plains, New York 10601 www.zarin-steinmetz.com �« ZARIN & STEINMETZ Sleepy Hollow Planning Board May 20, 2020 Page|2 Administrative Record concerning Landrock's proposed use of Gory Brook Road. Until that is satisfactorily resolved, this Public Hearing must remain open. At the October 17 public hearing, both Chairperson Hsu and Board Member Kersten Harries expressed the important goal of preserving Gory Brook Road for use by the public to the same extent that it has been used for decades. See Minutes at 6-7.1 No member of the Board, nor its professional staff, disagreed with that proposition. Indeed, as the Minutes further reflect, Board Member Herries noted: "her understanding was that both the Board and applicant agreed that the current use of Gorey Brook Road was to remain for pedestrians, horse and non-vehicular traffic use." Minutes at 3. She further observed that: "the Board is clear in saying that their preference is to preserve the current uses of Gorey Brook Road and to keep the road accessible to public pedestrian and non-vehicular access." Minutes at 8. Likewise, Chairperson Hsu indicated that "the Board does not want improvements made to Gorey Brook Road and wants vehicular access to be eliminated." Minutes at 7. That vital and long-standing historic use, which again, the Lydens do not intend to interfere with in any way, has been for non-motorized vehicular travel only, including by pedestrians, joggers, horses and carriages. Gory Brook Road is a bucolic, unpaved, country way, which cannot handle regular vehicular use in its current state - nor should it. In recognition of this fact, the Board originally included as Condition 7 in the Resolution of Preliminary Subdivision Approval, the requirement that if Gory Brook Road ("GBR") were to be used for access to any of the newly subdivided lots (other than for emergency or incidental access), it would have to be improved to Village standards. The Applicant and its counsel objected to this condition, which we understand led to its removal in the Planning Board's Amended Resolution. Based upon the Applicant Team's public statements, however, it is currently far from clear that Landrock is prepared to forego: (i) seeking approval for at least one of the newly subdivided lots to use vehicles on GBR and (ii) making still undisclosed improvements to GBR. The record now reveals that the Applicant's counsel stated "the applicant does not want to be prohibited from motor vehicle access to Landrock's property [from GBR]." Minutes at 6. He further noted that a "gate and secondary driveway is not part of the subdivision application" but "would be part of a future site plan application for the second and third lots" if the applicant decides to file such a site plan application. Minutes at 6. Furthermore, as Landrock's Counsel expressed in his subsequent letter to the Board, dated October 31, 2019, the Applicant is apparently now also opposed to the public's continued use of Gory Brook Road -- even for non-motorized vehicular access. In sum, it remains entirely unclear in the Record to what degree, if any: the public would be able to traverse GBR; the newly created lots would potentially use Gory Brook Road for secondary access and/or emergency use; and what improvements (and obstructions) might ultimately be installed. In fact, the minutes reflect that the Applicant's Counsel admitted that a "secondary driveway is not part of this application and will be discussed as part of a future site 1 We recognize that the Minutes of the meeting are not necessarily exact quotes, but there is no stenographic transcript. To the extent that these are the "adopted Minutes," we do rely upon them. �« ZARIN & STEINMETZ Sleepy Hollow Planning Board May 20, 2020 Page|2 plan application." (Minutes at 5). Particularly since the Planning Board apparently shares the Lydens' concerns about use of Gory Brook Road, this issue must be resolved prior to the granting of Final Subdivision approval.2 Deferring consideration and analysis of the use of, and improvements to, Gory Brook Road until Site Plan Approval, we submit as a matter of law, would artificially minimize (or segment) the potential adverse impacts of the proposed subdivision and constitute improper and unlawful segmentation which is a violation of the SEQRA Regulations. See 6 NYCRR § 617.3(g).3 Consistent with the foregoing, and as stated in our October 30, 2019 letter, we respectfully request that your Resolution of Final Subdivision Plat approval contain a condition that states: "Gory Brook Road shall be maintained in its bucolic state and condition, but it shall remain open and accessible to the public for all forms of non-motorized access, including by pedestrians, horses, horse-drawn carriages, joggers and the like." Having this note on the Final Plat is not only consistent with the Board's stated goal of continued limited public use, but also crucial to Carol Lyden who has the right to traverse Gory Brook Road with her horses and carriages to access the Rockefeller Preserve.4 Finally, we feel obligated to share with your Board that when we inquired with the New York State Parks' Department and the Rockefeller Preserve officials whether Landrock had yet secured its "easement" for the northerly water line connection, we learned that the State Parks Regional Director had absolutely no idea that the GBR connection into the Preserve might be terminated, impeded and/or improved without the knowledge of and/or input from the State. Thus, as a result, if Landrock will not consent to the Note we have requested, we must urge your Board to table this matter, adjourn the Hearing and seek the input from NYS Parks since that Department has now become an Involved Agency under SEQRA. The Public's interest is now at stake and NYS Parks deserves a seat at the table. 5 2 Both Chairperson Hsu and Member Harries stated during the October 17 meeting that the Board should address use of Gory Brook Road by vehicles and otherwise as part of the Final Subdivision approval. See Minutes at 6-7. Hence, the Applicant cannot continue to hide the proverbial ball. 3 You are fortunate enough to be guided by extremely experienced professional staff who know quite well that the process being pursued before your Board lacks the degree of candor and customary full disclosure which is not only contemplated by SEQRA, but is exactly the kind of frank analysis to which your Board and the Sleepy Hollow community is entitled. 4 On a related matter, the Applicant has included on the Final Plat a note regarding its position that a certain 2003 Pedestrian and Equestrian Easement between it and our clients has been extinguished. The Lydens strongly disagree with this legal position and believe that the easement is still in effect. Nevertheless, this is a legal issue between private parties, and the Applicant's legal posturing is completely inappropriate before the Planning Board. Moreover, this unprecedented note simply does not belong on the recorded Subdivision Plat. We address this matter now only to demonstrate the importance of the Lydens' (and the public's) ability to continue to use Gory Brook Road for non-motorized vehicular access. This Note should be removed from the Plat and the Map should not be signed by the Chairperson with this language contained thereon. 5 For the Applicant to suddenly claim that it fears liability after decades of public use, combined with its arguments that General Obligations Law Section 9-103 provides no protections here is disingenuous. (See Null Letter 10/31/19). We submit that GOL 9-103 unquestionably provides that Landrock and its successors have "no �« ZARIN & STEINMETZ Sleepy Hollow Planning Board May 20, 2020 Page|2 Thank you very much for your attention to this matter. We look forward to appearing before your Board and addressing these issues again on Thursday evening. If you have any questions, please do not hesitate to contact us. Respectfully submitted, ZARIN & STEINMETZ By: David S. Steinmetz Marsha Rubin Goldstein DSS:me cc: via email with enclosure Carol and John Lyden William S. Null, Esq. Clinton B. Smith, Esq. Sean McCarthy David Smith, AICP duty to keep the premises safe for entry of others for ... hiking ... horseback riding [and] bicycle riding" - precisely the activities at issue here. Village Counsel must review this and advise your Board whether New York State Law affords sufficient protections here to ensure that the status quo is not altered. �May 21, 2020 Planning Board Minutes - Exhibit #2 RECEDED MAY 2 1 2020 BUILDING DEPT. VILLAGE OF SLEEPY HOLLOW From: T a m m y Gales [mailto:tammygale5@gmail.com] Sent: Thursday, May 21, 2020 10:22 AM To: Sean McCarthy Subject: Petition for the Planning Board Meeting Thursday, May 21, 7:30pm Dear Mr. McCarthy, I am attaching a petition signed by the residents of Goiy Brook Road and Ridge Road in Webber Park that expresses our STRONG objection to modifying Gory Brook Road and opening it to any kind of vehicles in conjunction with the Landrock development proposal. W e respectfully request that you present this petition to Mayor Wray and the Planning Board Committee prior to tonight's meeting on Thursday, May 21 at 7:30pm. W e further request that the Planning Board recognize and consider our petition at tonight's meeting. Thank you in advance for your time and attention to this petition. Best, T a m m y Gales 37 Gory Brook Road Sleepy Hollow, N Y 10591 �May 20.2020 Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 Dear Mayor Wray and Sleepy Hollow Board of Trustees. We are the residents of Gory Brook Road and Ridge Road in Webber Park. Sleepy Hollow, NY 10591. We have joined together to express our STRONG objection to the request to open Gory Brook Road for motor vehicle access with the newly proposed subdivision developments in Landrock's proposed plans. To be clear, we are not opposing the subdivision development, but we are strongly opposed to the request to open any portion of Gory Brook Road for vehicles. As several of the Village Board members very correctly stated in the October 17 public hearing, the "current use of Gorey Brook Road was to remain for pedestrians, horse and non-vehicular traffic use" ( Minutes at 3). We could not agree more! Some of the elderly neighbors who are joining in this petition and signed below have lived their entire lives in this neighborhood. It is vital to all of us, old and newer residents, that the nature of our neighborhood be preserved. We are an important confluence where walkers, joggers, runners and horses and carriages come together to access the lovely Rockefeller Preserve. This historic road is not built to withstand vehicle traffic nor should it be modified to do so. We wish for Gory Brook Road to retain its quiet, gentle and old-world charm that has sadly been lost to much of Sleepy Hollow. This road and its history to the region is a treasure that must be protected. Thank you in advance for your time. Respectfully, The Residents of Gory Brook Road and Ridge Road. Sleepy Hollow, NY 10591 Name (printed) Signature / Address �4 II: •V - J / f t - ^ ^ b'tfe-Lce. £ / <r/ i Com'Brooiclgc) Jr CwAy Pfi^nti HgLlSSA ^ l d g f c r M' S^auia^ / Apt ) •tltcJ?- Hs J7J Co/- ft i Tpjstfqfi (ttL V/ (Soyy B/^/X?/^ / W k \U-i~ T j ^ r - f t ^ �May 21, 2020 Planning Board Minutes - Exhibit #3 RECEIVED MAY 2 1 2020 NEW YORK STATE OF OPPORTUNITY ANDREW M. CUOMO Governor Parks, Recreation and Historic Preservation ERIK KULLESEID Commissioner DR. LUCY R. WALETZKY l a c o n i c Commission, Chair State Council of Parks, Chair LINDA G. COOPER Regional Director May 20, 2020 (sent via email) Honorable Marjorie Hsu Chairperson and Members of the Planning Board Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 Re: Landrock LLC Subdivision Application - 231 Webber Avenue Dear Chairperson Hsu and Members of the Planning Board: Related to the above referenced subdivision, I have become aware of several issues that I would ask the Board to consider. > A requested water connection is immediately adjacent to the Old Croton Aqueduct State Park (OCA), and may connect into a water connection the Village of Sleepy Hollow has inside the OCA. This proximity means the project should be entered into the statewide Cultural Resource Inventory System for review by the State Bureau of Historic Preservation for potential impacts to the OCA for the structural integrity of the aqueduct. > Gory Brook Road enters the Rockefeller State Park Preserve and is a major connector for the residents of Sleepy Hollow and others into the Preserve, It is an unimproved road that serves the needs of pedestrians, equestrians and carriage drivers in an area of great pastoral beauty. This area of the Preserve is extraordinarily busy with both visitors to the OCA and the Rockefeller State Park Preserve. If altered from its current use to allow vehicular traffic it would sigxiificantly alter the park experience that is treasured by village residents and others. We would like to see Gory Brook Road along its border with Douglas Park and Sleepy Hollow Cemetery be kept as it currently functions as a nonvehicular road. New York State Office of Parks, Recreation and Historic Preservation Taconic Regional Offices: PO Box 308, Staatsburg, New York 12580 • (845) 889-4100 • parks.ny.gov �Sleepy Hollow Planning Board May 2 0 , 2 0 2 0 Page 2 > Likewise, the introduction of any road from the subdivision into this same unimproved road will create a conflict of uses in a pedestrian environment. We would like to see any road uses into Gory Brook Road remain unimproved and for occasional use, such farm equipment rather than a highly trafficked thoroughfare. Thank you for the opportunity to contribute some thoughts regarding this proposed subdivision. We would welcome any discussion you would like to have with State Parks. Sincerely, Linda g. Cooper Linda G. Cooper Regional Director cc: Peter Iskenderian, Rockefeller State Park Preserve Manager Steve Oakes, Old Croton Aqueduct State Historic Park Manager Clinton Smith, Village Attorney, Sleepy Hollow Sean E. McCarthy, Village Architect, Sleepy Hollow Pamela Kroll, Secretary to the Planning Board of Sleepy Hollow (original signature scanned and sent as well) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-2020 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_2020-05-21 Subject The topic of the resource Planning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/9715e11dfa14710a21cbbf8f5869e653.pdf 67d006aa293489b8f1cf1095af0920eb PDF Text Text Village of Sleepy Hollow Planning Board Minutes April 16, 2020 The regular meeting was held via Zoom webinar and called to order at 8:00 PM by Chairperson Marjorie Hsu. Present: Marjorie Hsu, Chairperson Matthew Brennan Erin Carney Thomas Andruss Kersten Harries Lindsay Krakauer Also Present: Clinton Smith, Village Attorney David Smith, Village Planner James Natarelli, Village Engineer Jennifer Martinez, Consulting Engineer Anthony Catalano, Consulting Engineer Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Planning Board Absent: Ed McCarthy Agenda: 1) Landrock LLC, 231 Webber Avenue, Final subdivision plat - Continued public hearing 2) 34 On Hudson, LLC, 34 Hudson Street, Proposed two-family residence - Continued public hearing, draft resolution 3) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase III preliminary subdivision and roads and infrastructure site plan- Continued public hearing, draft resolution 4) Anthony and Nicole De Felippis, 18 Fremont Road, Tree removal appeal - Discussion 5) Sleepy Hollow Local Development Corp., 193 Beekman Avenue, Strategic Property Development Zoning Code, Re-zoning petition-Discussion 6) Ivan and Sonia Vukusic, 143 Webber Avenue, Proposed subdivision, preliminary platPreliminary presentation 7) Roger Billharz, 467 Munroe Avenue, Proposed subdivision, preliminary platPreliminary presentation 8) Hudson Pines, LLC, 180 Bedford Road, Proposed swimming pool- Preliminary presentation 9) Approval of minutes - February 20, 2020 Chairperson Hsu read a prepared statement: 1 (4/16/20) �Tonight's meeting and work session is being convened in accordance with the Governor's Executive Order Number 202.1 issued March 13, 2020 which suspends certain provisions of the New York State Open Meetings Law to allow a municipal board to convene a meeting via videoconferencing. In accordance with the Executive order, the public has been provided with the ability to view tonight's meeting and work session and a transcript will be provided at a later date. I have also confirmed with our Village Clerk that this meeting has been duly noticed by posting a notice on the Villages' bulletin boards, faxing a copy to the Warner Library, faxing a copy to the Journal News and the Hudson Independent newspapers, posting a copy on the village website, and listing it on the Villages' Facebook page. Chairperson Hsu requested a roll call of the Planning Board members present and confirmed that there is a quorum. Chairperson Hsu read the agenda. 1. Landrock LLC, 231 Webber Avenue, Final subdivision plat- Continued public hearing Motion was made to open the public hearing. Moved: Brennan Seconded: Andruss Vote 6-0 Chairperson Hsu stated that Landrock LLC has requested an adjournment to the May 21, 2020 meeting. Chairperson Hsu solicited comments from the public. There were no comments from the public. Motion was made to adjourn the public hearing to the May 21, 2020 meeting. Moved: Harries Seconded: Andruss Vote 6-0 2. 34 On Hudson, LLC, Proposed two-family residence - Public hearing Motion was made to open the public hearing. Moved: Andruss Seconded: Krakauer Vote 6-0 Brian Hopkins is the architect for 34 On Hudson LLC and stated that the purpose of the meeting was to review the draft resolution. Chairperson Hsu asked Brian Hopkins to provide updates on the construction. Brian Hopkins stated that the demolition work has been completed. They are working with the modular company on the building construction plans. There is a set of plans being reviewed the Building Department. Chairperson Hsu asked Brian Hopkins if the project is going as planned. 2 (4/16/20) �Brian Hopkins stated that the project is on schedule and that the modular company is working on the drawings. Matthew Brennan asked if the current pandemic has affected the project. Brian Hopkins stated that they were almost completed with the demolition when the Corona virus shutdown occurred. Based on the Executive Order Number 202.6, they were permitted to keep a small crew working on the site and were able to complete any part of the demolition process that may be threat to life. The remainder of the project is in the hands of the modular company. The modular company is putting together the drawings. The modular company's factory is shut down until April 30, 2020 and set to reopen in the beginning of May. The modular company expects to have the drawing set completed in mid-May. Chairperson Hsu solicited comments from the Board. There were no comments from the Board. Chairperson Hsu solicited comments from the public. There were no comments from the public. Chairperson Hsu asked David Smith to read the draft resolution. David Smith read the conditions of the draft resolution. Chairperson Hsu solicited comments from Sean McCarthy. Sean McCarthy stated that he did not have any comments. Motion was made to close the public hearing. Moved: Andruss Seconded: Krakauer Vote 6-0 Motion was made to adopt the resolution. Moved: Harries Seconded: Carney Chairperson Hsu - yes Thomas Andruss - yes Matthew Brennan - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Vote 6-0 APPROVED 3. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase III preliminary subdivision and roads and infrastructure site plan- Continued public hearing 3 (4/16/20) �Motion was made to open the public hearing. Moved: Harries Seconded: Andruss Vote 6-0 Andrew Tung is an associate of Divney Tung Schwalbe LLP representing the applicant. Mr. Tung described the additional site work required for the application and requested approval to move the fill to complete site preparation operations. David Smith asked if the informal public pathway along the waterfront will remain open. Andrew Tung stated that the pathway that runs from Ichabod's Landings walkway out to the walkway to the lighthouse will remain open and separated from the grading work operations. David Smith asked if the northern portion from the lighthouse going up towards Kingsland Park be closed off during the filling operations. Andrew Tung stated that it would be closed off and that you would be able to get into Kingsland Park but not through the buffer area. Matthew Brennan asked how long would that area be closed off in that condition. Andrew Tung stated that the area would remain closed until the waterfront open space is approved and under construction. Matthew Brennan asked for an estimated time frame. Andrew Tung stated that they expect to submit the first phase of waterfront open space site plan to the Planning Board soon. The Special Use Permit provides that each area of the open space be open at the time that the adjacent design block is ready for occupancy. Peter Chavkin is a managing partner of Lighthouse Landing Communities, LLC. Mr. Chavkin stated that during the filling work, the public pathway on the west side of the Berlin Wall will not be interrupted. The filling work would be completed under a future site plan. The pathway access from the Lighthouse to Kingsland Park would not be interrupted. Kersten Harries asked if the wall and fence along the Metro-North border are temporary or permanent and if they were approved in previous submissions. Peter Chavkin stated that the wall and fence will be permanent. The wall will be an extension of a concrete wall, previously approved by the Board, behind the I-Block buildings. The proposed fencing material will be detailed in the supplemental submission and will have a vertical slat wrought iron appearance. Chairperson Hsu asked what will have to be finalized in order to approve the Phase III infrastructure plan. 4 (4/16/20) �Andrew Tung stated that there is no additional paving or utility work required. The changes to the plan include additional site grading to the adjacent areas to eliminate the fill piles and to extend the wall and the fence along the east boundary lines. Clinton Smith stated that the draft resolution would have to be revised upon receipt and review of the documents. Anthony Catalano requested that their team review the documents prior to revisions of the draft resolution being completed. Chairperson Hsu solicited comments from the public. There were no comments from the public. Motion was made to adjourn the public hearing to the May 21, 2020 meeting. Moved: Andruss Seconded: Brennan Vote 6-0 4. Anthony and Nicole De Felippis, 18 Fremont Road, Tree removal appeal - Discussion Chairperson Hsu invited the applicant to present their reasons for the tree removal appeal. Anthony De Felippis is the owner of 18 Fremont Road and stated that the tree is hollow and that the falling branches are a risk to damaging their home. Mr. De Felippis stated that branches have fallen close to the house since the Tree Removal Permit was denied. Mr. De Felippis stated that they received approval to remove one tree that was also hollow inside. Matthew Brennan asked if a reason for the denial was provided. Anthony De Felippis stated that there was no reason for denial provided. Chairperson Hsu asked Mr. De Felippis if they have removed the tree that was approved. Anthony De Felippis stated that he has not removed the approved tree and wanted to remove both trees at the same time. Matthew Brennan asked where the trees are located on the property. Anthony De Felippis stated the trees are located between the house and Route 9. Chairperson Hsu stated that the Tree Commission was invited to attend the meeting but that no members are present to explain their decisions. Kersten Harries asked if they submitted a letter of recommendation from a certified arborist. Anthony De Felippis stated that members of the Tree Committee have already looked at the tree and have seen the fallen branches and by them not coming to the meeting, it should forfeit their 5 (4/16/20) �position on taking it down. The trees are old, unhealthy and dangerous and he plans to plant Pine trees in their place. Discussion ensued on why the owner believes the tree is hollow and can't be salvaged and the proposed plans for replacement plantings. Chairperson Hsu asked Sean McCarthy if he has any additional information on the tree. Sean McCarthy stated that he does not have any additional information on the trees. Chairperson Hsu requested that the Building Department obtain additional information from the Tree Commission members and for the owners to send pictures of the branches that have fallen since the Tree Removal Permit application was denied. Chairperson Hsu requested that the applicant present a plan for tree replacement for the Tree Commission to review. Thomas Andruss asked if the Tree Commission was invited to appear at the meeting and if they provided any responses as to why they could not join the meeting. Sean McCarthy stated that one response was received stating they were unable to attend and that he did not hear personally from any others. Thomas Andruss stated that it is discouraging that the Tree Commission is unwilling to back up their decisions. No action was taken. 5. Sleepy Hollow Local Development Corp., 193 Beekman Avenue, Strategic PropertyStrategic Property Development Zoning Code, Re-zoning petition Chairperson Hsu invited the Mayor Ken Wray to present the petition. Mayor Wray presented an overview of the history of the site and for the petition filed by the Sleepy Hollow Local Development Corp (the "LDC"). David Smith spoke on behalf of the LDC and provided information on the proposed zoning changes. Matthew Brennan asked if developers have provided reasons for the lack of interest in the site. Mayor Wray stated that the availability for the number of units and parking were concerns from developers as well as the type of commercial businesses that were allowed in the zoning district. The petition for re-zoning would allow for a commercial space, such as a restaurant, to be on the roof of the building instead of only the first floor. Another concern was the removal of the viaduct. The LDC is working with the Mount Pleasant Industrial Agency for the removal of the viaduct. 6 (4/16/20) �Chairperson Hsu asked Mayor Wray to explain what a viaduct is and what happens if it is removed. Mayor Wray stated that on the west side of the building between the building and the MetroNorth tracks is an old roadway that went down to the east parcel. It is a steel structure, approximately 100-150 yards that veers out over part of the Metro-North tracks and comes back and ends on solid ground. It has not be used in many years and not in good shape. The choices are to either rebuild it so it is strong enough to support vehicles again or to take it down. Repairing it would be a large cost for something that is not needed. Kersten Harries asked if the easement to the east parcel from Beekman Avenue would still be accessible if the viaduct is removed. Mayor Wray stated upon removal of the viaduct, the entrance access would be moved from the west side of the property to the east side. Clinton Smith asked Mayor Wray to confirm that they are proposing affordable housing as one of the required Village benefits to trigger the Strategic Property Re-Zoning. Mayor Wray stated that he would like to see workforce housing on the property and explained examples of what the affordable housing income ranges are for Westchester County residential housing. David Smith stated that the other Village benefits proposed are improvements to the parks within the inner village and street scape improvements within the inner village. Matthew Brennan asked for the estimated time frame for the proposed project. Mayor Wray stated that the Board of Trustees hopes to approve the petition in the next few weeks and then have the Special Permit granted so that they can market the site to developers. Chairperson Hsu asked what Mayor Wray expects from the Planning Board on this petition. Mayor Wray stated that he proposes working in a committee environment consisting of members of the Board and Sean McCarthy to hear the recommendations and comments. Chairperson Hsu suggested including the Chairman of the Zoning Board of Appeals. No action was taken. 6. Ivan and Sonia Vukusic, 143 Webber Avenue, Proposed subdivision, preliminary plat, Preliminary presentation Michael Stein is the President of Hudson Engineering and Consulting P.C. and is representing the applicant. Mr. Stein described the details of the application for the proposed two- lot subdivision. The main purpose of the submitting the application was to permit the scheduling of 7 (4/16/20) �percolation and deep holes site testing. Mr. Stein acknowledged the potential for a three-lot subdivision and stated that at this point the applicant is trying to determine the financial impacts of the site testing before they submit a fully completed application. Chairperson Hsu asked Michael Stein what is planned for the subdivided lots. Michael Stein stated that the applicant plans to develop the current lot and keep the proposed second lot for open space of his own property. Chairperson Hsu solicited comments from the Board. James Natarelli asked Mr. Stein if there is evidence of wetlands on the property. Michael Stein stated that Westchester GIS indicates that there is a watercourse but he considers it a drainage ditch because there is not a constant flow of water. Mr. Stein said it appears to be tributary area for the bridge and flow path for runoff into the property. Mr Stein stated that he can have a wetlands specialist or soil scientist test the area if requested. Chairperson Hsu asked if an environmental review will be completed. Clinton Smith stated that a Short Environmental Assessment form has been submitted but that the applicant may come back with a different application pending the results of the site testing. Michael Stein agreed that upon completion of the site testing, the applicant will know whether or not they propose to continue with a two-lot subdivision or submit an application to subdivide the property into three lots. They will then submit a full application including grading, erosion and a storm water management and prevention plans. Chairperson Hsu asked for the timing needed to come back before the Board. Michael Stein stated that when field testing permissions are resumed in the Village, they should be able to provide a time frame for submission. No action was taken. 7. Roger Billharz, 467 Munroe Avenue, Proposed subdivision, preliminary plat, Preliminary presentation Gregory Gall, RA is the architect representing the applicant and described the details of the proposed two lot subdivision of the property. Mr. Gall stated that there are no intentions for development of the new lot. Roger Billharz is the owner of 467 Munroe Avenue and stated that their intention is to sell the newly sub-divided parcel. 8 (4/16/20) �Chairperson Hsu asked Sean McCarthy what is required in order for approval processes to move forward. Sean McCarthy stated that some information needs to be added to the plot plan but that the application is complete enough to have a public hearing. Motion was made to schedule a public hearing for the May 21, 2020 meeting. Moved: Andruss Seconded: Harries Chairperson Hsu - yes Thomas Andruss - yes Matthew Brennan - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Vote 6-0 Vote 6-0 APPROVED Roger Billharz asked if the application will be approved at the next meeting. Clinton Smith provided a summary of the steps required to obtain approvals for a preliminary and final subdivision plat. 8. Hudson Pines, LLC, 180 Bedford Road, Proposed swimming pool, Preliminary presentation Kimberly Martelli is the owner of KTM Architect and is representing the applicant. Ms. Martelli described a summary of the proposed application. Chairperson Hsu asked Ms. Martelli to describe the existing non-conformities that would require variances from the Zoning Board of Appeals prior to site plan approval from the Planning Board. Kimberly Martelli stated that the existing non-conforming conditions relate to the height requirements of the proposed addition to the carriage house and the new construction of the onestory pool house. The proposed carriage house addition will also require a variance related to the front yard set-back. Kimberly Martelli acknowledged receipt of the memos, prepared by James Natarelli and David Smith. James Natarelli asked if there will be impervious surfaces added to the site and requested that the Storm Water Prevention Management Plan reflect the requirements. Matt Girona, of Bibbo Associates, described the proposed plans as they relate to the code requirements for storm water management and asked for options for testing required for post construction controls. 9 (4/16/20) �James Natarelli stated that the plans need to show how the storm water for additional impervious surfaces will be handled. All post construction storm water should be managed on site. James Natarelli suggested that the design proceed with the assumption of what the soil can handle and estimated infiltration rates and then be confirmed with testing prior to Building Permit issuance. Chairperson Hsu referred the application to the Zoning Board of Appeals. 9. Approval of minutes- February 20, 2020 Motion was made to approve the February 20, 2020 minutes. Moved: Andruss Seconded: Harries Chairperson Hsu - yes Thomas Andruss - yes Matthew Brennan - yes Kersten Harries - yes Lindsay Krakauer - abstained Erin Carney - yes Vote 6-1-0 APPROVED Motion was made to adjourn the meeting at 10:20 PM. Moved: Brennan Seconded: Andruss Vote 6-0 Respectfully submitted, PatruL&z- Ai^SS Pamela Kroll Secretary to the Planning Board 10 (4/16/20) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-2020 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_2020-04-16 Subject The topic of the resource Planning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/351d63ad58621cc2f9613ea4601596b3.pdf 64d4c6480868763be3f6e3334a52761e PDF Text Text Village of Sleepy Hollow Planning Board Meeting February 20, 2020 The regular meeting was called to order at 8:00 PM by Chairperson Marjorie Hsu. Present: Marjorie Hsu, Chairperson Matthew Brennan Erin Carney Thomas Andruss Kersten Harries Ed McCarthy Also Present: Clinton Smith, Village Attorney David Smith, Village Planner James Natarelli, Village Engineer Jennifer Martinez, Consulting Engineer Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Planning Board Absent: Lindsay Krakauer Agenda: 1) Landrock LLC, 231 Webber Avenue, Final subdivision plat - Continued public hearing 2) 34 On Hudson, LLC, 34 Hudson Street, Proposed two-family residence - Public hearing 3) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase III preliminary subdivision and roads and infrastructure site plan- Public hearing 4) Anthony and Nicole De Felippis, 18 Fremont Road, Tree removal appeal - Discussion 5) Katarzyna Arencibia, 160 Harwood Avenue, Tree removal appeal - Discussion 6) Approval of minutes - January 16, 2020 Chairperson Hsu read the agenda stated that Landrock LLC and the owners of 18 Fremont Road have requested adjournments. 1. Landrock LLC, 231 Webber Avenue, Final subdivision plat- Continued public hearing Motion was made to open the public hearing. Moved: Andruss Seconded: McCarthy Vote 6-0 Chairperson Hsu stated that Landrock LLC has requested an adjournment to the April 16, 2020 meeting. Chairperson Hsu solicited comments from the public. 1 (2/20/20) �There were no comments from the public. Motion was made to adjourn the public hearing to the April 16, 2020 meeting. Moved: Brennan Seconded: Andruss Vote 6-0 2. 34 On Hudson, LLC, Proposed two-family residence - Public hearing Motion was made to open the public hearing. Moved: Harries Seconded: Andruss Vote 6-0 Brian Hopkins is the architect of 34 Hudson Street representing 34 On Hudson LLC. Mr. Hopkins presented a summary of the proposed application to demolish the existing three-family structure and construct a new two-family residence. Mr. Hopkins stated that the variances were approved by the Zoning Board at last night's meeting. Chairperson Hsu asked Brian Hopkins to summarize the variances granted by the Zoning Board of Appeals. Brian Hopkins stated that seven variances were granted for existing non-conforming conditions of the front and rear side yards, lot coverage, and parking. Mr. Hopkins stated that they were also approved for new variances related to the expansion of floor area, building coverage, and area coverage on a non-conforming lot. Mr. Hopkins stated that the construction of a two-family residence will reduce the density of the site. Brian Hopkins stated that they are working with their engineer and James Natarelli on the designs for the stormwater retention systems for the site. James Natarelli asked Mr. Hopkins if they have determined if the existing storm drain, in the front of the building is connected to a stormwater system. Brian Hopkins stated that they have determined that the existing drain is not operable. They will abandon the drain and reroute piping to the rear of the building. James Natarelli asked Mr. Hopkins if they have considered how they will access the rear of the site during construction activities. Brian Hopkins stated that since the main structure will be modular construction, they plan on storing the exterior and interior finishing materials in the rear yard and bringing the materials into the house as needed. James Natarelli questioned how they anticipate constructing the retaining wall and drywell construction work. Brian Hopkins stated that they will be able to use a small excavating machine to access the rear of the site. 2 (2/20/20) �Sean McCarthy asked Mr. Hopkins to explain the work proposed for the removal of the deck structure and the construction of the retaining wall as related to the adjacent property owned by Metro-North. Brian Hopkins stated that they are working on the designs for the retaining wall and plan on filling in the slope along the rear property line where it abuts Metro-North property. Brian Hopkins presented the proposed elevation and floor plan drawings and explained the proposed layouts of the dwelling units. Sean McCarthy stated that the Planning Board has the authority of the Architectural Review Board and asked if Mr. Hopkins has selected materials and colors proposed for the exterior fa9ades. Brian Hopkins stated that the roof materials will be a combination of asphalt and slate. Hardie Plank will be used for the board and batten siding on the front and rear facades. Trex materials will be used for the decks and porches. Vinyl clap board siding is proposed for installation on the sides of building. Tom Andruss suggested that the same siding material be used on the front and side elevations. Brian Hopkins stated that they propose vinyl siding where there is little visibility to save costs and that vinyl siding material is very durable. If they can afford the cost of Hardie Plank they would consider using it on the south fa9ade. Tom Andruss asked if there will be basement access available to the tenants. Brian Hopkins stated there is no access to the basement from first floor and that it is nonhabitable space that will be used strictly for utilities and garbage storage. Ed McCarthy suggested they may want to consider an alternative outside storage area for the garbage. James Natarelli asked if there are changes proposed to the existing concrete pathway and steps at the basement entrances. Brian Hopkins stated they are not proposing changes to the existing path and steps, other than minor repairs, and that they plan to continue the path with paver stones to the new back deck. Chairperson Hsu asked for a proposed time line for the project completion. Brian Hopkins stated that pending approvals, they are looking to be finished by July of 2020. Chairperson Hsu asked if they have a plan for how the modular construction will be coordinated on Hudson Street. 3 (2/20/20) �Brian Hopkins stated that they have preliminary designs from modular companies that detail the sizes of the boxes and how they would land and attach them on site. Site analysis has been conducted to confirm that the crane required to lift the boxes can be brought to the street. James Natarelli asked how it will affect the roadway and traffic. Brian Hopkins stated that street closures will be required in order to deliver the modular units. Matthew Brennan asked if delivery of the modular units will pose threat to the overhead power lines. Brian Hopkins stated that there could be problems with the power lines running perpendicular along street crossings. Sean McCarthy asked Mr. Hopkins what is planned for the northern wall facing 36 Hudson Street. The wall is within 6 inches of the property line and is required to be non-combustible and fire-rated. Brian Hopkins stated that the north and south side of the structure will be fire-rated and be finished with siding by the modular company upon delivery. Sean McCarthy asked how the joint will be finished where the modular boxes are stacked. Brian Hopkins stated that they will have to finalize the details in the construction drawings. Sean McCarthy asked for clarification on the exterior fa9ade material and where fiber cement siding was proposed. Brian Hopkins stated that they propose to use Hardie Plank cement board on the front and rear facades and that the north and south side facades will be vinyl. Sean McCarthy stated that they are not permitted to use vinyl siding on the north side because vinyl is a combustible material and the south side should also be considered as it does have street exposure. Sean McCarthy asked if the existing jog on the south side foundation will be translated through the elevation. Brian Hopkins stated that they will provide details to demonstrate that the foundation will cantilever over the jog in the foundation and develop a soffit detail. Erin Carney asked if they plan to include roof top solar options. Brian Hopkins stated that they do not intend to include roof top ready solar options. They plan to highly insulate the structure with spray foam and the proposed electric heat pump systems will be highly energy efficient and environmentally friendly. Clinton Smith asked if a construction logistics plan has been formulated. 4 (2/20/20) �Brian Hopkin stated upon receiving approval they will formulate a detailed logistics plan with the modular company and Sean McCarthy to ensure the construction is properly coordinated with the Village. Chairperson Hsu solicited comments from the public. Clara Teagle is the owner of 38 Hudson Street. Mrs. Teagle asked what plan is in place to provide parking for the residents of Hudson Street if the street is closed for a day for delivery of the modular boxes. Chairperson Hsu stated that the Board will note her concerns and work on addressing them. Thomas Andruss asked Sean McCarthy if there is a precedent in place for these situations. Sean McCarthy stated that during a recent modular construction project on Valley Street, the Department of Public Works collaborated with the Police Department to coordinate partial street closures to alleviate traffic issues. Staging was coordinated to ensure that the delivery of the modular units was completed within an efficient time frame. Residents will be notified in advance of any street closures. Chairperson Hsu solicited additional comments from the public. There were no additional comments from the public. Chairperson Hsu asked Sean McCarthy what additional information will need to be provided by the applicant in order to move forward. Sean McCarthy stated that the Board will need to decide if they want to close or continue the public hearing. There are some open items that need to be addressed for the Village Engineer. The Board needs to decide if they are comfortable moving forward with approval. Thomas Andruss stated that he is comfortable moving forward with approval to include contingencies detailed for the items that need to be worked out with the Building Department related to the fire code, street closures and the engineering of the stormwater system. Sean McCarthy stated that the Board can direct the staff to prepare a draft resolution for the next meeting to ensure that all of the concerns are addressed as conditions of approval. Kersten Harries stated that she proposes that a draft resolution be prepared with the intent to approve the application at the next Planning Board meeting. Motion was made to adjourn the public hearing to the March 19, 2020 meeting and to direct staff to prepare a draft resolution with the intent of approval. Moved: Harries Seconded: McCarthy Vote 6-0 Brian Hopkins asked if they may proceed with the construction drawings. 5 (2/20/20) �Sean McCarthy stated that the intent of the resolution is to approve the application at the next meeting so he is confident the applicant could start preparing the construction drawings. 3. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase III preliminary subdivision and roads and infrastructure site plan- Public hearing Motion was made to open the public hearing. Moved: Andruss Seconded: McCarthy Vote 6-0 Andrew Tung is an associate of Divney Tung Schwalbe LLP representing the applicant. Mr. Tung summarized the areas involved in the application. Mr. Tung stated that approval of this application will complete the utilities systems in preparation for the blocks to be developed. Chairperson Hsu asked Andrew Tung if they have addressed the concerns from Woodard and Curran, the consulting engineers. Andrew Tung stated that Mark Gratz has been working closely with Woodard and Curran to address their comments. The outstanding items include filing water system and sanitary sewer reports with the Westchester County Department of Health. Chairperson Hsu asked Jennifer Martinez if she had any comments. Jennifer Martinez is a Project Engineer for Woodard and Curran and stated that there are no major outstanding items that need to be addressed other than the reports that Mr. Tung mentioned. Thomas Andruss asked when the water system and sanitary sewer reports will be submitted to the Health Department. Andrew Tung stated that the reports will be completed after they receive site plan and preliminary subdivision approval from the Planning Board because they are required to get the County Health Department sign off on the preliminary subdivision plat before they can submit to the Board for final subdivision plat approval. Peter Chavkin is a managing partner for Lighthouse Landing Communities LLC and stated that it is his understanding that the outstanding comments may be incorporated as conditions of the resolution approval. Chairperson Hsu solicited comments from the public. There were no comments from the public. Chairperson Hsu asked Clinton Smith what the next steps should be. 6 (2/20/20) �Clinton Smith stated that the Board may close the public hearing or adjourn the public hearing and direct staff to draft a resolution for intent to approve at the next meeting. Motion was made to adjourn the public hearing to the March 19, 2020 meeting and direct staff to prepare a draft resolution with conditions for approval. Moved: Andruss Seconded: Harries Vote 6-0 4. Anthony and Nicole De Felippis, 18 Fremont Road, Tree removal appeal - Discussion Chairperson Hsu stated that the applicant has requested adjournment to March 19, 2020 meeting. No action was taken. 5. Katarzyna Arencibia, 160 Harwood Avenue, Tree removal appeal - Discussion Katarzyna Arencibia is the owner of 160 Harwood Avenue and stated that she offers to donate three trees, with a value up to $1,500.00, to be planted at the Statue Island on Old Broadway in exchange for permission to remove one River Birch tree on her property. Chairperson Hsu stated that the Board has been revisiting the Village Tree Code and moving forward they have requested the Tree Commission to appear in support of tree removal appeals. Shelley Robinson is a member of the Tree Commission and stated that she will agree to the compromise offered by the applicant for permission to remove the River Birch tree. Ms. Robinson recommended that a large Oak tree be planted at the western terminus of Harwood Avenue to replace an Oak tree that was lost several years ago. Ms. Robinson stated that this is her opinion and that she does not represent the entire Tree Commission. Motion was made to grant the tree removal appeal in accordance with the offer to plant three trees up to a total value of $1,500.00. Moved: Andruss Seconded: Harries Chairperson Hsu - yes Thomas Andruss - yes Matthew Brennan - yes Kersten Harries - yes Ed McCarthy - yes Erin Carney - yes Vote 6-0 APPROVED 6. Approval of minutes- January 16, 2020 Motion was made to approve the January 16, 2020 minutes. Moved: Hsu Seconded: Andruss Chairperson Hsu - yes 7 (2/20/20) �Thomas Andruss - yes Matthew Brennan - yes Kersten Harries - yes Ed McCarthy - yes Erin Carney - yes Vote 6-0 APPROVED Chairperson Hsu adjourned the meeting at 9:08 PM. Respectfully submitted, Pamela Kroll Secretary to the Planning Board 8 (2/20/20) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-2020 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_2020-02-20 Subject The topic of the resource Planning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/be99727c986ce5d880dcc4186c4eabd6.pdf 933a4c44a0febeafd64a318c2623df5d PDF Text Text Village of Sleepy Hollow Planning Board Meeting January 16, 2020 The regular meeting was called to order at 8:00 PM by Chairperson Marjorie Hsu. Present: Marjorie Hsu, Chairperson Matthew Brennan Erin Carney Thomas Andruss Kersten Harries Ed McCarthy Also Present: Clinton Smith, Village Attorney David Smith, Village Planner James Natarelli, Village Engineer Anthony Catalano, Consulting Engineer Pamela Kroll, Secretary to the Planning Board Absent: Lindsay Krakauer Sean McCarthy, Village Architect Agenda: 1) Landrock LLC, 231 Webber Avenue, Final subdivision plat - Continued public hearing 2) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase III preliminary subdivision and roads and infrastructure site plan- Discussion 3) Floating Zone, Strategic Property Development, Zoning Code amendment - Discussion 4) Approval of minutes - October 17, 2019, November 21, 2019, December 19, 2019 Chairperson Hsu stated that Landrock LLC and the Reformed Church of the Tarrytowns have requested adjournments. There will a discussion on the Edge-on-Hudson Phase III preliminary subdivision and road and infrastructure site plan. Work sessions were previously held on the Floating Zone proposed code amendment so the discussion will not be required. The approval of minutes will remain on the agenda. 1. Landrock LLC, 231 Webber Avenue, Final subdivision plat- Continued public hearing Motion was made to open the public hearing. Moved: Brennan Seconded: Andruss Vote 6-0 Chairperson Hsu stated that Landrock LLC has requested an adjournment to the February 20, 2020 meeting. 1 (1/16/20) �Motion was made to adjourn the public hearing to the February 20, 2020 meeting. Moved: Andruss Seconded: McCarthy Vote 6-0 2. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase III preliminary subdivision and roads and infrastructure site plan- Discussion Andrew Tung is an associate of Divney Tung Schwalbe LLP representing the applicant. Mr. Tung stated that since their presentation in June they have met with Village Staff and the Village Board of Trustees to resolve three proposed changes to the original Riverfront Development Concept Plan (the "RDCP") as they relate to the Phase III roads and infrastructure site plan. Mr. Tung presented a summary of the development areas included in the application. Mr. Tung stated that the Board of Trustees has approved the proposed elimination of the roadway median at Palisades Boulevard and the proposed change to the length and design of the center island in front of the hotel to be consistent with RDCP. Mr. Tung stated that the design for the connection road that will divide design Blocks O and P is not part of this current application because utility connections have not been established and the site design plans have not been developed. Chairperson Hsu solicited comments from the Board. Thomas Andruss asked if any of the original street island median designs are proposed to remain. Andrew Tung stated that there were three roadway medians proposed in the original RDCP. Two of the medians were eliminated in Phase I and Phase II and the last one is proposed to be removed as part of Phase III. The medians were eliminated in order to comply with the requirements of the New York State Fire Code for fire truck access. Chairperson Hsu stated that Peter Chavkin presented parking and traffic studies to the Board of Trustees for approval of the median elimination in the proposed Phase III application. Eliminations of the medians in Phase I and Phase II were previously approved by an earlier Planning Board. Kersten Harries asked if the streets right-of-way space is reduced by the eliminations of the medians. Andrew Tung stated that the streets right-of-way has been reduced by 6 feet but the open space planting area of the eliminated medians has been moved to the outside and increases the pedestrian way. Kersten Harries asked if the building to building fa9ade distance is the same. Andrew Tung stated that the building facades are now set back further from the right-of-way. Kersten Harries asked if the allowable square footage for the construction of the buildings will increase. 2 (1/16/20) �Andrew Tung stated that the building to building distance will remain the same. David Smith stated that one of the design considerations presented to the Village Board by the applicant was that the shift of median open space will now become a part of the open landscaping space associated with the building blocks and the maintenance of the spaces will become the responsibility of block owners instead of the village. Chairperson Hsu stated that removing the trees from the median in this block opens up a better river views and makes it consistent with the prior two phases. David Smith asked when the Village can expect to see designs for the open space lot. Andrew Tung stated that the Open Space Committee has been working with Nelson Byrd Woltz, Landscape Architects on the open space designs. Peter Chavkin is planning to arrange a work session including representatives from the Planning Board, the Village Board, and the Open Space Committee, to present the proposed design of the open space. Andrew Tung stated that the designs for the space outside of the initial hotel plaza, the remainder of Central Park, and the future waterfront space will not be presented without the consideration of both sides of the streets. David Smith asked if there are any preliminary hotel design plans to show how the condensing of the plaza area adjacent to the hotel relates to traffic circulation access. Andrew Tung stated that preliminary designs plan for the hotel entrance at the center of the island and that the garage entry would be off of Palisades Blvd., so that traffic driving into the garage would not go through the main hotel parking lot or drop-off entrance. Chairperson Hsu asked for the estimated time of completion of the Phase III roads and infrastructure so that residents can access the rivers' edge. Craig Tomkins is the Construction Manager for Lighthouse Landing Communities, LLC. Mr. Tompkins stated that they hope to complete the Phase III roads and infrastructure starting this June through June of 2021. Mr. Tomkins stated that funding has been received from New York State to coordinate construction of the riverfront over the same period of time, pending design approvals. Andrew Tung requested that the Board schedule a public hearing for the February 20, 2020 meeting. Mr. Tung stated that they received a comment memo from Woodard & Curran in July of 2019 and that they are preparing a supplemental response that will be submitted to the Board the first week in February. Motion was made to schedule a public hearing for the February 20, 2020 meeting. Moved: Harries Seconded: Andruss 3 Vote 6-0 (1/16/20) �Craig Tomkins provided a summary of the Edge-on-Hudson Riverfront Development construction. 3. Floating Zone, Strategic Property Development, Zoning Code Amendment - Discussion David Smith asked Chairperson Hsu when the draft comments from the Planning Board will be sent to the Village Board. Chairperson Hsu stated that the Planning Board will get the Village Board their comments early next week. No action was taken. 5. Approval of minutes- October 17, 2019, November 21, 2019, December 19, 2019 Motion was made to approve the October 17, 2019 minutes as amended. Moved: Andruss Seconded: Harries Chairperson Hsu - yes Thomas Andruss - yes Matthew Brennan - yes Kersten Harries - yes Ed McCarthy - yes Erin Carney - yes Vote 6-0 APPROVED Motion was made to approve the November 21, 2019 minutes. Moved: Andruss Seconded: McCarthy Chairperson Hsu - yes Thomas Andruss - yes Matthew Brennan - yes Kersten Harries - yes Ed McCarthy - yes Erin Carney - yes Vote 6-0 APPROVED Motion was made to approve the December 19, 2019 minutes as amended. Moved: Chairperson Seconded: Brennan Chairperson Hsu - yes Thomas Andruss - yes Matthew Brennan - yes Kersten Harries - yes Ed McCarthy - yes Erin Carney - yes 4 (1/16/20) �APPROVED Vote 6-0 Motion was made to adjourn the meeting at 8:45 PM. Moved: Andruss Seconded: Brennan Vote 6-0 Respectfully submitted, PajsyveJU, /^i^M Pamela Kroll Secretary to the Planning Board 5 (1/16/20) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-2020 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_2020-01-16 Subject The topic of the resource Planning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/b971638a336f977a41e86ac2e762cc85.pdf d28981a15394acf2e754da8245fd1eeb PDF Text Text RESOLUTION Adopted at the May 21, 2020 Meeting of the Village of Sleepy Hollow Planning Board RESOLUTION: SITE PLAN AND PRELIMINARY SUBDIVISION APPROVAL PROPOSED: Edge on Hudson Phase 3 Roads and Infrastructure LOCATION: 199 Beekman Avenue TAX MAP DESIGNATION: Section 115.10-1-1 and 115.15-1-1 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 subdivision approval (the "Application") pursuant to the Village Zoning Ordinance, Chapter 450, Article X, Site Plan review, Chapter 425 Subdivision of Land, and to applicable laws and regulations considered pertinent to the Application, for the Phase 3 Roads and Infrastructure (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, the Application is for site plan approval of infrastructure for Phase 3 of the Project, including the following: roads, sidewalks, utility infrastructure, improvements to the future Waterfront Open Space and Kingsland buffer areas and other roadway/streetscape improvements proximate to the right-of-way areas affecting approximately 36.4 acres of Edge on Hudson site and subdivision of the six development parcels and four open space parcels created by the new road rights-of-way (collectively the "Proposed Action" or "Phase 3 Roads and Infrastructure"); and, WHEREAS, the Application is in furtherance of the 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 Page 1 of 11 �in Environmental Findings (as hereinafter defined) 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); WHEREAS, the Planning Board initially reviewed and considered the Application at its 6/20/19, 8/22/19, 9/19/19, 11/21/19, 1/16/20, 2/20/20, 4/16/20 and 5/21/20 regularly scheduled meetings; and, WHEREAS, after the 6/20/19 meeting the Planning Board requested input from the Village Board of Trustees regarding the proposed Phase 3 Road and Infrastructure and its relationship to the approved RDCP; and WHEREAS, the Village Board of Trustees met on 7/19/19 and 11/19/19 and has provided specific input to the Planning Board and the Applicant regarding certain elements of the Phase 3 Road and Infrastructure Plan and their relationship to the RDCP (as hereinafter defined); and WHEREAS, on 2/20/20 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 Site Plan were reviewed and comments sought from the Village's Highway Superintendent, Police and Fire Department; and, WHEREAS, the Planning Board has reviewed the following materials: • Application package dated 6/6/19 consisting of: - Cover Letter from Divney Tung Schwalbe dated 6/6/19 - Village of Sleepy Hollow Planning Board Application Forms - Site Plan Drawing Set (see below) - Storm water Pollution Prevention Plan last revised May, 2020; Page 2 of 11 �Review memos and correspondence dated 7/15/19, 2/14/20, 5/6/20, 5/13/20 and 5/15/20 from Woodard & Curran Engineering, Village Consulting Engineers; Review memos and correspondence dated 6/13/19, 2/17/20 and 5/19/20 from Planning & Development Advisors, Village Planning Consultant; Review memos dated 5/11/20 and 5/20/20 from the Village Architect; Response letters/memos from Divney Tung Schwalbe on behalf of the Applicant dated 7/8/19, 2/6/20, 5/12/20 and 5/20/20; Engineer's Report Water Main Extension, prepared by Divney Tung Schwalbe, last revised 5/12/20; Site plan drawings (collectively, the "Site Plan") submitted by the following with last revision date: a. Cover Sheet, 5/18/20, Divney Tung Schwalbe (DTS); b. Phase 3 Key Plan and General Notes, 5/18/20, DTS; c. Overall Site Plan, 5/18/20, DTS; d. Street Layout, Parking and Paving Plan, 5/18/20, DTS (five sheets); e. Street Grading and Drainage Plan, 5/18/20, DTS (five sheets); f. Overall Water System, 5/18/20, DTS; g. Overall Sewer System Plan, 5/18/20, DTS; h. Overall Storm Drainage 5/18/20, DTS; i. Street Utility Plan 5/18/20, DTS (three sheets); j. Streetscape Planting Plan 5/18/20, DTS (three sheets); k. Streetscape Planting Notes and Details 5/18/20, DTS; 1. Road Profiles 5/18/20, DTS (three sheets); m. Water Main Profiles 5/18/20, DTS (two sheets); n. Sanitary Sewer Profiles 5/18/20, DTS; o. Overall Storm Drainage Profiles 5/18/20, DTS (two sheets); p. Soil Erosion and Sediment Control Plan 5/18/20, DTS (five sheets); q. Overall Soil Erosion and Sediment Control Plan 5/18/20, DTS; Page 3 of 11 �r. Overall Soil Erosion and Sediment Control Plan Details 5/18/20, DTS; s. Site Details 5/18/20, DTS (six sheets); t. Streetscape Lighting Plan (with photometries) 5/18/20 Cyclone Lighting (three sheets); u. Emergency Vehicle Maneuvering Plan 5/18/20 DTS (three sheets); v. Existing Conditions Plans 2/6/20, DTS (three sheets); and w. Subdivision Plat, 5/7/20, Control Point Associates; 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; and 2. Requested, received and considered comments from the Village Engineer, Village Attorney, Village Planner and Building Inspector about the proposed Phase 3 Roads and Infrastructure which were provided in written form or discussed with the Board during the course of the Planning Board meetings 3. Requested, received and reviewed a Short Environmental Assessment Form; and 4. Held a duly noticed public hearing. 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. During the course of the presentation and review of Phase 3 Roads and Infrastructure, the Planning Board noted that they needed input from the Village Board regarding consistency of certain proposed elements of the Site Plan with the approved RDCP, in particular the elimination of the proposed landscape median along Palisades Boulevard, the Page 4 of 11 �reconfiguration of the plaza roadway in between Blocks Q and R and lack of a dedicated right of way of the future roadway to be known as Sleepers Haven. The Village Board has provided direction to the Applicant and the Planning Board that based on current code standards and design alternatives presented, elimination of the landscape median was acceptable; that the balance of the plaza area not now proposed for roadway would become part of the overall waterfront open space to be planned and programmed accordingly; and that a right of way for Sleepers Haven must be shown on the current Site Plan drawings with the understanding that the eventual location will be coordinated with the development of Lot P and or Lot O. The Village Board felt that on balance the remainder of the Site Plan was consistent with the spirit and intent of the approved RDCP. The Planning Board notes that the Applicant's 7/8/19 submission includes a representation of the treatment of the plaza area in front of the proposed hotel lot (between Lots Q and R) that included the use of specialty pavers, said treatment is not currently shown on the proposed Site Plan. The Applicant has indicated that this design treatment will be addressed as part of the site plan application for the proposed hotel use. The eventual incorporation of the specialty paver treatment will need to be completed prior to acceptance of that portion of the Lighthouse Landing roadway; 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 Findings 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 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 Page 5 of 11 �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 Site Plan for Phase 3 Roads and Infrastructure 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. Received, reviewed, and applied 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"); and be it further. 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 Page 6 of 11 �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 and preliminary plat drawings, 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 3 Roads and Infrastructure 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. Documentation, sufficient in form and substance, for the Village's Engineering Consultant to determine that the list of items outlined in the Village Consulting Engineer's 5/15/20 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 5/20/20 correspondence have been incorporated onto the site plan drawings. 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, and any public stormwater management facilities and corresponding easements, the Applicant shall submit an as-built Page 7 of 11 �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, 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 section of street trees upon the acceptance by the Village of the offer of dedication of the roadway rights-of-way containing such trees. 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. Page 8 of 11 �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. 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. 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 December 22, 2014 and recorded December 24, 2014 and any further subdivision of the East Parcel is not within the Applicant's control. Prior to the signing of the Preliminary Plat, the Preliminary Plat shall be revised to indicate that the South Parcel is to be conveyed to the Village of Sleepy Hollow or its designee. 11. 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. 12. 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 Page 9 of 11 �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. 13. All conditions identified in the Village Board's June 7, 2011 Special Permit shall remain in full force and effect. 14. 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 three-dimensional 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. 15. Prior to the issuance of a Building Permit by the Village, a construction logistics plan shall be prepared and submitted to the Building Department indicating the location of construction trailers, temporary toilet facilities, material storage, employee vehicle parking, temporary fencing, means for temporary water, means for temporary power, fuel storage and other equipment as appropriate. 16. Prior to the issuance of a Building Permit by the Village, the location of all above ground utility equipment shall be approved by the Planning Board prior to installation. 17. Prior to the issuance of a Building Permit by the Village, the Street Utility Plans shall be updated to include fire hydrants locations within 100 feet of buildings equipped with a standpipe. Page 10 of 11 �18. Prior to the issuance of a building permit for the related work 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. 19. If directed by the Village Building Department the Applicant shall acquire approval from the New York State Empire State Development (ESD) for classification of essential construction in order for the proposed Phase 3 construction to move forward. Such approval shall be furnished to the Village Building Department prior to commencing construction. In addition, the provisions for COVID-19 health and safety shall be in compliance with applicable local, State and Federal requirements. PLANNING BOARD VILLAGE OF SLEEPY HOLLOW 11 I. m u A a Athe undersigned Cleft/Deputy Clerk,' do hereby certify W the foregoing is a true copy of an extract duly adopted by the Board of Trustees/Planning/Zoning of the Village of Sleepy Hollow, on the ^ L L d a y of H O M 20 ZO and of the whole thereof, and I further certify that the same was entered into the minutes of the meeting of said Board of Trustees/Planning/Zoning held on said date. IN WITNESS WHEREOF, I have hereunto set my hand and official seaMhis |*1 day o f < 5 > ^ S j g - ^ Page 11 of 11 107* � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-2020 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_2020-05-21_199-Beekman-Approved-Resolution Subject The topic of the resource Planning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020