https://sleepyhollow.localarchives.org/files/original/cab4ebd8a70584b57d43feacb7895666.pdf 819b4ded8bd290c97b458fca7ce3def5 PDF Text Text A regular meeting of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, July 24, 2007, at 7:40 p.m. in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip E. Zegarelli Mario DiFelice, Deputy Mayor Maria Rose DeMiSia Kay Brown Grala Sandra Morales Andrew Murray Kenneth Wray, Trustees Also Present: Dwight Douglas, Village Administrator Robert J. Ponzini, Village Attorney Diane Jacobson, Village Treasurer Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag. Mayor Zegarelli called for a moment of silence for the passing of Frank Lofaro and Ann Seminaro and convey our sympathies to their families. Approval of Minutes Trustee DiFelice moved, seconded by Trustee Murray to approve the minutes of June 19, 2007, motion carried 7-0. Trustee Grala moved, seconded by Trustee Morales to approve the minutes of June 26, 2007, motion carried 7-0. Trustee Murray moved, seconded by Trustee DiFelice to approve the minutes of July 10, 2007, motion carried 7-0. Trustee Morales moved, seconded by Trustee Grala to approve the minutes of July 17, 2007, motion carried 5-1-1. By roll call: Trustees DiFelice yes; DeMiliaPowers no; Murray yes; Grala yes; Morales yes; Wray Abstain; and Mayor yes. Approval of Warrant Trustee Murray moved, seconded by Trustee DiFelice to approve the warrant of July 24, 2007, subject to review and signatures of department heads and review and signatures of the Village Treasurer and Mayor, motion carried 7-0. The total amount of the warrants was $586,634.95. 1 �Mayors Announcements — none at this point. Public Comments on non-GM items: none. Trustee Reports — Trustee DiFelice reported on Police Department members who attended classes/seminars: Commercial Vehicle Weight Enforcement course: Gregory J. Camp, Paul A. Nelson, James D. Warren, Charles A. Zekus, Bobby V. Checchi and Vincenzo Lombardi, Jr.; Law Enforcement Bicycle Patrol course: James Warren and Paul B. Nelson; Officer Survival - Preparing for Armed Encounters course: James D. Warren; Police Involved Shootings: Bobby V. Checchi, Jose Quinoy and Charles A. Zekus. Trustee DeMilia-Powers reported that the Administration Subcommittee together with Dwight Douglas and Diane Jacobson met on June 26 th with two of the partners of WSG to discuss the vendor Totally Wired and consensus was to go forward and touch base with them in September. Trustee Murray reported that work is in process to finalize the 2006/07 year books; preliminary outlook looks like we are going to have an increase in the fund balance with a goal of $ 1 million. Trustee Grala - see attached Public Works Report. Trustee Grala also thanked the residents who helped to paint the Library teen area. Trustee Morales reported that the Tarrytown/Sleepy Hollow Summer Camp has started and there are 170 children in the summer camp. I t is very organized and the children love it. Trustee Wray reported that the Government Affairs Subcommittee met on July 5 th with counterparts in the Village of Tarrytown. They agreed to a general agenda to explore the following areas of concern: parks, recreation, DPW and communications. I t was agreed to report back to the respective boards; float the proposed agenda and set up follow up meeting for more in depth exploration. Administrator Report Mr. Douglas reported that Horan's Landing is now complete under the Ichabod's Landing commitment of $400,000 from County grants and we have taken possession of Horan's and are in the process of returning the bond. Mr. Douglas reported on the $2 million expansion of the Barnhart Park which should be ready by next spring. �Mr. Douglas reported that a Council of Committees meeting is scheduled for Thursday, July 26 th , on the initial thoughts on the redevelopment of the Castle Oil site. Mr. Douglas reported that a meeting with the County Planning Commissioner has been set for August 7 t h to set up a small group to study on the Pocantico watershed and flood mitigation. Mayor's R e p o r t The Mayor read ConEdison turn off notices for 62 Beekman Avenue, 196 Cortlandt Street and 12 Cedar Street. Resolutions - Attached The Board adjourned into Executive Session at approximately 7:55 p.m.. At approximately 8:02 p.m., the meeting then began on the Lighthouse Landing project. Public Comments Relating to Lighthouse Landing FEIS Mayor Zegarelli asked Dave Smith of Saccardi & Sen iff to walk through the special permit concept/planning/zoning updates as to the Findings (red-lined version 7 / 2 0 / 0 7 ) revisions. Included was the role that Roseland Property would play in helping to mitigate flooding; building into the Findings the opportunity to re-visit the size and overall residential/work space use of Building I; LEED standards. The executive summary was reviewed by Dave Smith who discussed the steps taken to get to this stage today and concluding that the Board met the requirements of SEQRA and specific mitigation measures for a balanced project. Joel Sachs briefly spoke about how this has been an exceedingly long and open process greater than any other project under SEQRA he has experienced in 25 years of doing this type of work on behalf of municipalities. Not only were there a number of public meetings on the FEIS, which were not required, but four or five drafts of the findings statements circulated to the public and comments received. Even after the close of the public comment period months ago, up until last week, we were still receiving public comments from Village of Tarrytown, a traffic report from Adler Consultants and an economics report from Urbanomics Consultants. Sleepy Hollow's Consultants responded to the Tarrytown reports. The Board has taken a "hard look" at each and every environmental impact on this project. Mr. Smith advised that Steve Scalisi of STV prepared a response memo to the Village of Tarrytown's traffic concerns and also that there was a response to the Urbanomics Consultants by RealEstate Solutions. �&%*> Mayor Zegarelli read into the record letters from Mark A. Chertok of Sive, Paget & Riesel, representatives of co-applicant, Roseland/Sleepy Hollow, LLC, dated July 24, 2007; a letter from Mark P. Weingarten of DelBello, Donnellan, Weingarten, Wise & Wiederkehr who also represent the applicant dated July 24, 2007; Ruth E. Roth who represent General Motors, dated July 24, 2007, and a second letter from Mr. Chertok of the same date. All letters are hereto attached for the record. The Mayor asked if anyone would like to address the Board and express an opinion. Steve McCabe, Administrator of the Village of Tarrytown, read a letter from Mayor Drew Fixell requesting that the Board not adopt the Findings Statement this evening and advised that the Tarrytown Village Board would not eliminate parking on Route 9 (letter is hereto attached for the record). Patrick Munroe of 63 New Broadway addressed the Board and asked that the Board not vote and give more time to sit down with Roseland to abide by the Village Law adopted in 1996 and to build something that will attract people to the Village. Chuck Lankester of Sleepy Hollow Manor expressed his concerns with traffic mitigation and LEED standards. The Mayor responded to Mr. Lankester noting that the Village is going to establish a joint committee with the Village of Tarrytown relating the traffic flow not just at intersections but with buses and other means of transportation. With regard to LEED standards, the Village has taken a huge step ahead of many others. Richard Piano of Philipse Manor addressed the issues of 1 3 1 units reducing the 1177 number of units and traffic through Kingsland Point Park. The Mayor responded to Mr. Piano's concerns relating to the east parcel and that there will be no road going into Kingsland Point Park to exit from the site into the Manors. Walter Ceconi of 120 New Broadway spoke to the Board relating to the old dam and silt problems. Barbara Isseks, a resident and realtor, voiced her concerns about the services required by this development will increase the taxes. Mayor responded by discussing the various levels of the size of the development and that there are different economic components and that the Findings takes into account the cost of providing services by the Village and school. Robert Balog, the Village Assessor, explained that the Town of Mt. Pleasant assessment roll on which any school revenue would be based is fairly antiquated and was last done in its entirely in the late 50's or early 60's. The Village's role was �a<T1 redone in 1991 and put into an Article 19 situation which allows for homestead and non-homestead properties. This means that Mt. Pleasant would have to value any condominiums through an income approach to value which is the way that they must do it because they are not an Article 19 assessing jurisdiction so the levy of taxes on future build outs in this Village as it relates to Mt. Pleasant and Greenburgh for the Tarrytown School District is really controlled by what is built and how the assessment procedures apply to what is built. He explained the two tier system and its benefits. Don Caetano of Lawrence Avenue questioned if Roseland had taken a traffic study of the inner Village including Pocantico and Washington Streets. Dave Smith explained the process of the traffic studies which were done for both the DEIS and FEIS. • Mark Fry of 41 Hudson Terrace spoke in relation to the school taxes, LEED standards, and Building N. He asked the Board not to adopt the Findings and come up with a plan to be proud of for generations to come. Mario Belanich of North Washington Street said that it has been 1 1 years since plant closed and progress should go on and it can't be stopped. Talked about Route 9 being a state road and believes that the state will ban any parking on Route 9 in both Tarrytown and Sleepy Hollow especially for purposes of evacuation. He also talked about when the GM plant was open that there were 4,500 people using the streets and the residents survived. Let's get the show on the road. John Lofaro of 29 Pine Close stated that this project should go ahead. • Jeffrey Anzevino, Regional Planner of Scenic Hudson, stated that over the eight years the project has improved tremendously and that really is a function of the Village Board of Trustees by conducting a very open and transparent process, countless public meetings and thanked the Board. He spoke about the support for the second branch of the estuary particularly last fall and know that many residents do support the estuary and that the Findings require a 230' buffer to be on the Roseland/GM side of the property line. Discussed support for a strong mixed use/commercial component on the site and feel that it is an way to make this an integral part of the Village and extend the Village down to the riverfront like a traditional historic river village is supposed to be. He went on to say that they have consistently held that some reduction in the residential development would further reduce the traffic impact and hope that the Board will take another look. Dave Beddel resident of Webber Park believes that there is too much compromise in the Findings relating to Pocantico River and density. 5 I �9&> Anthony Scarpatti, resident of Sleepy Hollow Manor, spoke about the impact of having so many rentals and condominiums and that he would like to see more home ownership and see a better mix that would give us a greater tax base. He also brought up the issue of the Brownfields credit and why can t we build in language that we should reap some of the benefits of this too. Art McKinley of Sleepy Hollow Manor Association feels that the Board should err on the side of a smaller project and lower density. He thinks it would solve many of the problems that people are pointing to and he believes that you can't build your way out of higher taxes. Sonya Munroe of 63 New Broadway asked the Board to delay its vote to come up with a better plan. Asked the Board to please include the Planning Board report which came out last week which would include advance energy efficiency measures and restoration of the Pocantico estuary to resolve flooding issues. An unknown 30 year resident spoke who asked the Board to approve the Findings this evening. Sam Gonzalez, a Sleepy Hollow Manor resident, asked the Board that once the project is approved, how long will it take to have something built on the property; when do we actually begin to benefit from a tax perspective; does it begins when construction starts or complete; from a business standpoint what kind of study and recommendations have been made to actually have businesses there? The Mayor responded that the clean up will begin and last approximately 6 to 8 months; once subdivision and site plan approvals are received and we are not sued, the land then becomes taxable and so it starts generating taxes which are only on unimproved land at this point, but it is subject to reval because it will be under an approved EIS. He advised that we established a 501-C-3 specifically to deal with not just Beekman Avenue and our current business district, but to interface with the development to attract and be complementary to different aspects of the development. Barbara Carr who lives in Webber Park asked that the vote should wait to accept the Findings when two of the parties involved (Roseland & GM) have objected to key points of the whole plan. Gary McLean of Sleepy Hollow Road expressed his concerns about the amount of traffic in the areas of Beekman Avenue, Bedford Road and around the lakes being a big parade every single day. Also believes we should build the project in phases. �<2§*] Frank Rey, resident of Sleepy Hollow, concerned about the density of the project. Should hold off the vote until iron everything out; that the last thing we need is a lawsuit. The Mayor stated that the Findings provide the fabric to approve the project. We go back and we go through the special permit and layout with the Planning Board. This Village Board and people like Scenic Hudson have been working with us and we have kept everything very open. We didn't even have to have the public hearings; we had work sessions virtually every Tuesday. We did far beyond what the law says we have to do. We do it because it is our policy. Peter Holigsmith of Sleepy Hollow Manor spoke that we have been waiting for tax relief for over 11 years and we deserve a better deal not worse. The Mayor stated that he believes we have a far better deal than Tarrytown; we will have far better amenities; bringing more people down to the waterfront. As far a environmental clean up, what we are doing is by far more detailed beyond the state codes than anything he has seen comparable and go down to the Tarrytown Ferry Landings and see what building is still there. The building that is still standing is because it is capping coal tar that can't even be removed. He also discussed the tax base issue brought up by Mr. Holigsmith. Cynthia Sandler of Sleepy Hollow Manor feels since Roseland/GM have already rejected the Findings by submitting their letters mentioned this evening, why not wait and tweak it so that it is perfect. Barbara Carr spoke again that after all the years of negotiating with Roseland/GM she feels it is already compromised and have watered down the document. Pat Munroe spoke about a comment made by Joel Sachs on July 17 t h when people suggested that GM/Roseland ought to be responsible for preventing floods that GM caused in the first place by plugging up the Pocantico River illegally many years ago, and the gentlemen said this would mean asking GM/Roseland to fund the solution "a significant economic hardship" to the developer. He believes that they will not go home and lose their residences, be thrown out of their apartments, or have to go bankrupt. They will make a lower margin of profit on this entire project which is excellent. He further addressed the Board stating that before you pass a motion that commits the Village of Sleepy Hollow to a specific development plan for Lighthouse Landing will you please agree to schedule a public hearing and forum at which you enter into a dialogue with us addressing specific items. He then urged the Board to hold off on the vote. 7 �5 CY0 Don Caetano of Lawrence Avenue asked the Board to think sensibly about the community. Mayor Zegarelli then read the resolution which was followed by statements by all Trustees and the Mayor. Trustee Wray feels that the project is too dense, it will overwhelm us, the insertion at the last minute of some language to imply that some 131 units are coming out of the project is simply an attempt to convince people that the density is actually being reduced when it is not. He spoke about the LEEDS standards need to be adequately addressed. School taxes is an issue and believes the traffic is going to be overwhelming. When this thing is built at these levels, there is going to be a new majority in this Village and it is going to be folks who live down the end of the street and if there are continuing traffic issues that new majority is going to decide how these traffic issues are taken care of. I urge my fellow trustees to reject this and continue to work on a better document for the Village. Trustee Grala read a statement (see attached). Trustee Murray stated in part that in the 2 - 1 / 2 years he has been on this Board and working on this project he has seen it involve some of the best and most intelligent people in their field from our Mayor to our Village's Administrator, to our fellow trustees, before and after, to all the people who consulted with us in our traffic and economic issues, our architecture and design, environment, law, Brownfields cleanup. He spoke about the numerous open meetings for the people to come and speak freely. Now is the time to get this project going. The Village and our school district have to get this property on the tax roll. We need a site that doesn't just have town homes, but we also need condos, rental apartments; we don't want a private community; we want stores, restaurants, a hotel. We need a diverse community to be able to come down to the waterfront and enjoy it. He believes that we pushed Roseland and GM to the wall, almost to the walking point in getting what we want. He thinks we have done a very good job with this document. I t has taken a lot of years and a lot years and he is very proud of it. Therefore, he will be voting yes and accepting these Findings and urges his fellow Board members to do likewise, Trustee Morales stated in part that she represents the Black and Hispanic communities and this project represents someplace where she can see herself moving into one day. She is voting yes because I want to see one community. Trustee DeMilia-Powers recognized the amount of work involved in this project and that the Mayor and Board have had an almost insurmountable goal to please everyone. She stated, in part, that she still has issues with the document; wishing we were making more money off the project; wish that they could come to a �3C\\ decision on a document that does make the requirements on the applicant a little more stringent. Thinks there are a lot of loopholes. Feels with more time believe can get there. Doesn't think we are there yet. Trustee DiFelice stated in part that we are not going to be in 1 0 0 % agreement on all aspects of this project, but he is for this project and need to increase the tax base and thinks that this is the way to start. Mayor Zegarelli wrapped up the comments. He summarized what had happened in the past with false starts and lawsuits. He thanked Scenic Hudson for their thoughts and comments. He said that this has been a compromise and yet we have pushed the envelope and been criticized for pushing the envelope. He stated the proverbial bottom line is that we have a template to continue and to make sure that we do the best for the Village. We have made a decision to move forward; we made a decision to get the best we can get for the Village; what is reasonable; and what most importantly is economically viable. We are not making decision for the applicant; we are making the decision for ourselves. We will be looking at this again on the special permits and also the Planning Board items. A lot of things people have said will be refined. It think it is time to draw the line and close this chapter. Another book begins virtually tomorrow. • The Mayor then took a roll call vote: Deputy Mayor DiFelice: Yes; Trustee Grala: Yes; Trustee DeMilia-Powers: No; Trustee Morales: Yes; Trustee Murray: Yes; Trustee Wray: No; Mayor Zegarelli: Yes (see attached resolution). Old Business - None New Business — Trustee Wray said that he would like the other trustees to consider topics raised for intergovernmental affairs. Discussion ensued. I Communications, Petitions and Requests The Deputy Village Clerk advised of receipt of letter from Marmota Restaurant that they are renewing liquor license for 4 9 - 5 1 Chestnut Street (copy forwarded to Police Chief Warren). The Deputy Village Clerk advised that an On-Premises liquor license application was filed with the State Liquor Authority for Veronica Grocery & Restaurant, Inc., 196 Cortlandt Street (copy forwarded to Police Chief Warren and Prosecutor Desmond Lyons. The next Work Session will be at 7 p.m. on August 7, 2007. 9 I �ac^ There being no further business, Trustee Murray moved, seconded by Trustee DiFelice to adjourn t o Executive Session at 9:55 p.m., carried. At 10:15 the Executive Session ended; the Board meeting was then adjourned with no further actions taken by the Board. Respectfully submitted, -?o • v Sonja M. Goldstein-Suss Deputy Village Clerk Hfl • G:\Sonja\MINUTES OF BOT MEETING JULY 24, 2007.doc 10 �aq^ I Public Works Report July 24, 2007 We are in the process or repairing stormdrains and catch basins. Sidewalk repairs are taking place where village trees have uprooted the sidewalks. Curb reapirs will start shortly. Street light repairs is ongoing. The Water Department is doing routine maintenance on the Water Distribution System and sewer system. I |l Pot hole repairs are being done on Fridays. Recycling bins are being placed in the parks. �3<M ! § i i 1 l i j i i l._., ' < i 1 i J ou o | cc < i CO 1 i O J i i --~ 5' i )' J 3 I ^ 5 3! 3 J1 J! O co i - ^ 1 i ^ I j IO 1 ! i h— - i - - i - - ; — z: O 1 ih- LU J_ UJ ! i ! 1 '. | I I | I I ! I I | !! i'; :i i L. i '1 • N ! : O ; i CO i • m : ! i ; i I ! ^ LI_1 i 1 !1 ; ! o < ' h- h- !< LU ICO! 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D o >"} CO O H 2 WW e> s <Q ^ 2 J W w o Q I H HH a; u s COO H S W r-l > OJ D H O a M u CO *z •J tX CO to Di H O j2j O CO Q D Pi CO Q, u to UQ <c D CQ w a •J *z o C i <j CQ < < s£ O u < D PO REF 2 U3 CO EF 1 DESCRIPTION CO H n Q Qu Ct,' W ro H U [0 W in o ^ .J r-i cn >~j < H O 1 '"D o .J O Q C' r\i o uu ^ 3: o ca O CD CD j - ( r"i CO 1/2007 w H r- ct; a' a a: o DiO < ZT. ai W P, < § CO o o o r-H o o o r-l o rsj T—( o o o o o O T CO •* o • o r-l CT\ rH rH O CD o O • r j tH eg t—i 0. r-l CO rH U O o o .—i CN i a: (JQ •J CO H u H to CO WH QH t- o < P H ri w >H H a, n ^5 H rH § s o M SR a, ^ u w -a CO a Q ,-j t i , ALLOCATED INSURANCE ow a • < H ^H SE I .J o H Q w Q, 07 CO u, O O in o 55,00 I �2<-\ a at B (0 O en a, .Q I P H D CD UJ H W Q m Oi CD CN « rH ro 3 JM en o CN CO Q W H *w a, i s § w U) [JL. •J O en O CO a u, a. O J < H O H H w a o w <c s -1 G H H w O n, M o » Cd S Q Z W a; U co w a a a; w CO JND § I E-" § H U3 ** BUD M o P Cx, Z 1 CQ U, O O ui F I < =c 'O >-* cu rc b Q £> cc .. ou rH ro O « •--3 £ £ J S •J 3 n W > D z, o CO z, w o 1 H a; o Q-< w oi u., o Q z1x3 * * �~~> VVIBUDGET TRANSFERS/AMENDMENTS M es e t i n g D a t e : . U 7/2A/UV—Kesolutl&rt //: U7/2A/UV— 07/L£l/07 11-Jul-07 AMENDMENTS AMOUNT INCREASE" H511672000.80814_ ScUlJlt'Jrf C ^ T T / K U CJC 37,737.10 RESOLVED THAT THE BUDGET TRANSFERS/AMENDMENTS NOTED ABOVE ARE APPROVED MOVED T r u s t e e Grala "SECONDED: TTrustee^TTurray VOTE: "7=0- I I I �Village of Sleepy Hollow Philip E. Zegarelli Mayor (914) 366-5107 Dwight H. Douglas Administrator (914)366-5105 Mario DiFelice Deputy Mayor (914.) 366-5107 I Angela Everett Village Clerk (914)366-5106 TRUSTEES Maria Rose DeMilia Kay Brown Grala Sandra Morales Andrew T. Murray Kenneth G. Wray (914)366-5107 ' New ]jork 7874 More than a £cgcnd Diane L. Jacobson Treasurer (914)366-5144 Robert Ponzini Village Attorney June 25,2007 International Truck & Engine Corp. 1568 Central Avenue Albany, New Y o r k 12205 Attn: Herb M a y n a r d Dear Mr. M a y n a r d : Please accept this as a n order for the following: J J ) -> Contract #: PC62788 Item #2 I Refuse Dual C h a m b e r Rear Loader Options (As listed on attached sheets) Delivery address: Village of Sleepy Hollow Department of Public Works 38 River Street Sleepy Hollow, NY 10591 28 Beekman Avenue • Sleepy Hollow, New York 10591 Telephone (914) 366-5100 • Fax (914) 631-5880 v. "ww.villageofsleepyhollow.org 5169,897.00 17,840.10 $187,737.10(revised total) �2.°t Page 2: Send bill to: Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591 Ajiy questions please call 914-366-5106. Purchase Order to follow. ;ph DeFeo Supt. Public Works Cc: Healy International Trucks, Inc. �Tillage of Sleepy Hollow PT7BCHASE O R D E R REQUEST 28 Beckman Avenue 3as Sleepy Hollow, Nevr York 10591 (914) 366-5100 PURCHASE ORDER # Treasurer (914)366-5104 Mart than a Legend Vendor Number: ORDER DATE: 3J3INESSNWE 1 APPROPRIATION* V a n t a g e E q u i p m e n t , LLC 5985 C o u r t S t . Rd. S y r a c u s e , NY 13206 ADDRESS Please furnish the following supplies, materials, and/or services which is necessary in the proper and legitimate conduct of my department. 3UAWTI7Y UNIT P R I C E DESCRIPTION TOTAL A M O U N T $124,425.21 V o l v o L90E Wheel L o a d e r Group // 40603 Award // 1993 7 S t a t e bid contract See a t t a c h e d sneets I TOTAL 124,425. 21 DISCOUNT NET 0.00 c e r t i f y that this purchase o r d e r meets t h e r e q u i r e m e n t s of The Village of Sleepy H o l l o w ' s pctr ^iZ I $0.00 $0.00 �^ WESTCHESTER TRACTOR, INC. 60 INTERNATIONAL BLVD., BREWSTER, NY 105O9 PHONE: (645) 27&-77B6 FAX: (845) 27&-4431 EMAIL: SALES$WT*ACTOR.COM WEBSITE: W/vW.WTRACTOR.COM VCHCl/O Has been awarded the Wheel Loader Contract .Through the Contractor Vantage Equipment, LLC ~"T3roup40603 - A w a r d 19^37;"t5t>HtactPeriod February 13, 2006 t o October 31, 2O08 Volvo L90E Wheel Loader STATE CONTRACT PRICE LIST PRICE Base Machine V.ACiA * riryic? 150,038 $ 90,277,86 761 8,676 4,027 3,620 3,922 582 634 314 1,544 $ $ $ $ $ $ $ $ $ $ $ 457.89 5,220.35 1,335,00 16,290.00 2,584.13 2,322.95 2,516.75 373.47 406.84 201.49 990.78 176,524 $ 1,712 944 944 997 997 $ $ $ $ $ n /r 80505 Operator's seat, heated 91494 20.5R25 L-3 XHA Mlchelin Tires Single Lever- Joystick JRB 3cu yd 4 in1 Bucket w/ BOE 80931 Boom Suspension System 82O50 Hydraulic ftjnction, 3rd 80858 Air Conditioning 83230 Volvo Radio w/ CD player 83089 Radio mounting kit 93799 Collapsible Rotating Beaoon 80953 Counterweight, logging $ Options: 801 09 59" Fram^riWD 93686 4 8 " right Tine, left 93687 4 8 " ine, right 80106 5 7 80107 5 7 5TD Fork Tiha, left 1,098.59 605.76 605.76 639.77 639.77 �o o ^>0 GROUT 40603 AWARJ} WHEEL LOAJDEKS PAGE 3 (Statewide) NOTE: See individual contract items to determine actual awardees. CONTRACT # CONTRACTOR & A1PDRESS TELEPHONED FED.JDDENT^ PC62324 SB I S.C. HANSEN, INC. PO Box 280 423 Old Loudon Road Latham, NY 12110 800/926-4227 160911237 518/785-8013 Mr, Keith Hansen fax: 518/783-9544 E-mail: khansBii@schan.Bcn.com Website: vvww.gchanBiaxcom Contract usurs interested in a Case Wheel Loader in these counties (Albany, Allegany, Broome, Choinung, Chenango, Clinton, Columbia, Delaware, Eauex, Franklin, pulton, Greene, Hamilton, Montgomery, Otsego, Rensselaer, Saratoga, Schenectady, Scshoharie, Schuyler, Steuben, Tioga, Tompkins, Warren, Washington and Yatett) should address all inquiries to S.C. Hansen, Inc. PC62325 800/872-2390 161058204 315/437-1471 Mr. David Kreis Fax: 315/437-4041 E-mail: dkreis@tracey-road.com Website: VAvw.traceyrotid.com TRACEY ROAD EQUIPMENT 6803 Manlius Center Road East Syracuse, NY 130S7 315/437-2611, EtfL 230 201334835 Ms. Anne Jackson Fax: 315/437-2026 E-mail: anae.jackson@varjquip.com Website: www.vanquip.com PC62326 SB Cash Discount, If Shown, Should be driven Special Attention. INVOICES MUST RE SENT DIRECTLY TO THE ORDERING AGENCY FOR PAYMENT. (See "Contract Payments" and "Electronic Payments" in this document.) I AGENCIES SHOULD NOTIFY THE PROCUREMENT SERVICES GROUP PROMPTLY IP THE CONTRACTOR FAILS TO MEET DELIVERY OR OTHER TERMS OP THIS CONTRACT. PRODUCTS OR SERVICES WHICH DO NOT COMPLY WITH THE SPECIFICATIONS OR ARE OTHERWISE UNSATISFACTORY TO THE AGENCY SHOULD ALSO BE REPORTED TO THE PROCUREMENT SERVICES GROUP. NOTE TO AUTHORIZED USERS' When placing purchase orders under the contract's), the authorized user should be familiar -with and follow tine terms and conditions governing its use which usually appears at the end of this document. The authorized user is accountable and responsible for compliance with the requirements of public procurement processes. The authored user must periodically sample the results of its procurements to detorminc its compliance. In sampling its procurements, an authorized user should test for reasonableness of results to ensure Lh£l such results can withstand public scrutiny. The authorized user, when purchasing from OGS contracts, should hold the contractor accountable for contract compliance and meeting the contract terms, conditions, specifications, and other requirements. Also, in recognition of market fluctuations over time, authorized users are encouraged to seek improved pricing whenever possible. (continued) 19937hRcrviw?d.duc/T05blm M_in I iv.1--!—iru-i �Meeting Date: Resolution #: 07/24/07 07/152/07 Resolution of the Board of Trustees of the Village of Sleepy Hollow To Ratify Mayor's Execution of Inter-Municipal Agreement with Historic Hudson River Towns WHEREAS, the Village of Sleepy Hollow has participated with the Historic River Towns of Westchester since its inception as part of the regional plan to encourage tourism and to enhance the economic vitality of the area; and WHEREAS, the Mayor and Board of Trustees desire to continue this important collaborative effort. NOW, THEREFORE, BE I T RESOLVED that the Board of Trustees hereby ratifies the Mayor's execution of the Inter-Municipal Agreement with Historic Hudson River Towns on December 19, 2006, said agreement is attached hereto. Moved: Trustee Grala Seconded: Trustee DiFelice Vote: 7-0 �Meeting Date: Resolution #: 07/24/07 07/153/07 Be it Resolved that the Board of Trustees does hereby confirm the Mayor's appointment of the following seasonal laborer in the Public Works Department at an hourly salary of $11.00 effective July 26, 2007 through November 20, 2007. Michael F. Lessa 49 Tallin an Ave. ISyack, New York 10960 Moved: Trustee Murray Resolution Seconded: Trustee Grata Vote: 7-0 #; 07/154/07 Be it Resolved that the Board of Trustees does hereby confirm the Mayor's appointment of the following seasonal laborer in the Public Works Department at an hourly salary of $11.00 effective July26, 2007 through August 31, 2007. Jake Cahill 4 Pokahoe Dr. Sleepy Hollow, NY Mo ved Trustee Murray Secon ded: Trustee Morales Vote: 7-0 �Meeting Date: Resolution #: 07/24/07 07/155/07 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Immaculate Conception Church Bazaar BE I T RESOLVED that the Mayor and Village Board herein grants approval to the Immaculate Conception Church to hold its Fall Festival on the nights of September 13, 14, 15 and 16, 2007 beginning at 6:00 p.m.; approval to close Depeyster Street between North Broadway and North Washington Street during the Bazaar hours; and approval to place three trailers on south side of Depeyster Street adjacent to the Church for the duration of the event; and that the appropriate Village Department Heads are to be notified of this event. Moved: Trustee DeMilia-Powers; Seconded: Trustee Murray; Vote: 7-0 I �~Z> ^ Immaculate Conception GhCrrchCk^ 199 North Broadway, Sleepy Hollow, NY 10591 • (914) 6 3 1 - 0 4 4 6 / T j - J . www.iccsleepyhollow.org . Fax: (914) 631-4157 (J^? /), Q D(7JO V ^UUUdi^°t^^-^_^ July 22, 2007 Mayor and Board of Trustees Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591 Re: Request for use of Depeyster Street Dear Mayor and Board of Trustees: Immaculate Conception Church is planning to hold our Parish Bazaar on the nights of September 13, 14, 15, and 16, from 6 p.m. until the time allowed by the Village Festival Ordinance. We are requesting permission to close Depeyster Street, between North Broadway and North Washington Street during the period stated above. Due to the lack of space, we would like to put three (3) trailers, which would contain the merchandise booths on the south side of the street adjacent to the church property. They would remain there for the duration of t h e Bazaar. This would allow us to utilize the lot and the adjoining church building more adequately. We are in the process of arranging for proper lighting and the necessary insurance coverage. We plan to meet with the Chief of Police and the Fire Departments in order to comply with any safety measures they request. Thanking you for your cooperation, 1 remain, Very truly yours, f/fy D W /b~ Rev. Msgr. Louis J. Mazza Pastor T- V �Meeting Date: July 24, 2007 Resolution #: 07/156/07 RESOLUTION ADOPTING ENVIRONMENTAL FINDINGS STATEMENT PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT FOR THE LIGHTHOUSE LANDING RIVERFRONT DEVELOPMENT WHEREAS, the attached document is an Environmental Findings Statement prepared I pursuant to the New York State Environmental Quality Review Act (SEQR) and its implementing regulation codified as Title 6 of NYCRR Part 617 for the proposed redevelopment of the former General Motors automotive assembly plant, located at 199 Beekman Avenue, Sleepy Hollow, New York, and which consists of three parcels totaling approximately 96 acres (the Site); and WHEREAS, over the years the Site was a significant and integral part of the Village and its economy, providing a major employment base, tax revenue source, and support for local business activity, particularly along Beekman Avenue; and WHKRHAS, when the closure of the General Motors assembly plant became apparent Village and other governmental agencies embarked on an extensive planning process designed to prepare a framework for the beneficial reuse of the Site including the establishment of the Governor's Task Force on the Reuse of the General Motors North I Tarrytown Plant; the creation, by the Village, of a Local Waterfront Revitalizr.tion Program (LWRP); the drafting of the new RF- Rjv^r.front Development zoning district, which was based, in part, on recommendations from the Village's approved LWRP, which permitted a maximum development potential on the Site of approximately 1,870 residential units and 400,000+ square feet of commercial ^V^c'-^0IISK^fSB^^SlSBSS^ -. n ft.- . . Ttr.a*,,. "turn* resulting in the preparation of a Waterfront Linkage Study to assist the Village n\ bcticr visualizing what future development would look like, to identify specific components within the Village that could be linked to the Site, and to build consensus towards a concept plan which would begin to address land use, circulation, density and aesthetics; and D �WHEREAS, on February 11, 2003 a formal application for a Riverfront Development Concept Plan and Special Permit (the Proposed Action or project) was submitted by Roscland/Sleepy Hollow, LLC (Roseland) and General Motors Corporation (jointly with Roseland, the Applicant) to the Mayor and Board of Trustees of the Village of Sleepy Hollow (the Village Board) with the Proposed Action calling for a mixed-use waterfront project consisting of 1,562 residential units, 185,000 square feet of retail space, 95,000 square feet of office space, a 150-room inn, a proposed train station and associated parking, and open space; and WHEREAS, during the course of the past five years, the Village Board acting in its capacity as Lead Agency under SEQR, has followed all of the prescribed requirements including the holding of public scoping sessions, reviewing and accepting the Draft Environmental Impact Statement (DEIS), reviewing and accepting the Final Environmental Impact Statement (FEIS) and reviewing and discussing the subject Environmental Findings Statement; and WHEREAS, the Village Board has held required public hearings on the DEIS, held public hearings on the FEIS (even though that was not a requirement of SEQR), has provided draft copies of the Environmental Findings Statement to the public (even though that was not a requirement of SEQR), and over the past several years held in excess of 50 public meetings, hearings or subcommittee meetings to discuss and consider the Proposed Action and has in general conducted an overtly transparent public review process; and WHEREAS, the Village did retain a series of consultants to review and comment on the documentation provided as part of the environmental review process and has relied upon guidance from the Village's Planning Board, Architectural Review Board and Waterfront Advisory Committee throughout the process; and WHEREAS, the Proposed Action presented in the FEIS was changed since the DEIS submission and included significant modifications to the project program and plan including: reducing the number of residential units to 1,250; reducing the size of the retail T �component from 180,000 s.f. to 132,000 s.f.; reducing the size of the office component to 35,000 sf; reducing the hotel to 140 rooms; reducing the ratio of rental residential units from 72% to 51%; increasing the open space to be provided along the riverfront and within the interior of the Site, creating an open space buffer between Kingsland Point Park and the project; increasing the overall quantity of public open space and public use areas; expanding the scope of water-dependent uses along the waterfront; and WHEREAS, deliberations by the Village Board as part of the discussions on the Environmental Findings for the proposed the Riverfront Development Concept Plan (RDCP) has caused there to be further modifications to be made to the including: the reduction of the overall density to 1,177 units; provision of additional open space within the interior of the Project and along the boundary to Kingsland Point Park; reconfiguration of buildings to bring a greater commercial presence and more activity down to the waterfront; and reconfiguration and addition of parking in critical areas; and WHEREAS, while the Village Board did entertain a petition by the Applicant to amend the building height requirements for that area 300 feet west of the Metro-North rail lines, and it has rejected that petition and is not pursuing it further; and WHEREAS, throughout the course of the environmental review process the Village has examined existing conditions, anticipated impacts and proposed mitigation in the following areas: land use; zoning; land, water and ecological resources; environmental remediation; socio-economic conditions; community facilities and sendees; historic and cultural resources; open space; utilities; traffic; construction; air quality and noise; and alternatives to the Proposed Action; and WHEREAS, the Village has identified specific mitigation in the form of: physical improvements to the area roadway system to improve traffic flows and contributions toward other offsite roadway improvements; creation of significant open space and the design mechanism to create a world class open space amenity; 3 �provision of monetary contributions for a series of studies to be undertaken by the Village or others; adjustment of hours of operation for construction activities; creation of design guidelines manual to assist the Village during the site plan and design phase; adherence to higher energy efficiency standards; donation of land and contributions towards the construction of a new Village Firehouse and new DPW facility; replacement of the Beekman Avenue Bridge and rehabilitation of the viaduct; contribution towards the Village's new water reservoir system; commitment to establish a transportation district to address inter and intra jurisdictional transportation issues; and requirement of the removal of a significant majority of the contaminated historic fill by rail; reconfiguration of the site layout along the tracks to eliminate Building N, increase the length of Building 1 (live/work loft building 131 residential apartment units). Upon mutual agreement with Roscland, the Village Board retains the right to make certain modifications to Building I and the adjacent landed areas along the tracks to address market and other land use considerations. In order to achieve maximum flexibility in the reconfiguration and use of Building I and the adjacent landed areas along the tracks, a reduction in residential density may occur. This reduction is to be considered as an adjustable use of the building, reducing the residential units by the potential substitution of an alternate use comparable in overall intensity, particularly with respect to traffic, and intent; and WHEREAS, the Village Board has identified that the proposed Project will offer the following benefits: environmental remediation and clean up of the site and return to productive use; creation of a viable mixed use riverfront development that integrates itself into the balance of the Village; public access to 2,300 linear feet of Hudson River shoreline; 4 �reservation of 46% of the site for open space or public uses; provision of land area sufficient in size to allow for the study of a future estuary; provision of land area sufficient in size to allow for the meaningful expansion of the Philipsburg Manor Restoration facility; provision of land sufficient in size to allow for the future creation of a train station; construction of two regulation soccer fields, two regulation tennis courts and adjacent 150 space parking area; creation of 40 affordable housing units for senior citizens and 21 units of workforce housing; creation of approximately 1,100 construction related jobs and approximately 580 permanent jobs; provision of net fiscal surplus to the Village of Sleepy Hollow and the Tarrytown Union Free School District of approximately $630,000 and $1,500,000 respectively; NOW, THEREFOR, BE IT RESOLVED, that the Mayor and Board of Trustees of the Village of Sleepy Hollow, having fully considered the Draft and Final Environmental Impact Statement and comments received at public hearings, and having considered the written facts and conclusions as identified in the attached Environmental Findings Statement do hereby certify 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 the effects disclosed in the environmental impact statement; and 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 5 �incorporating as conditions to the decision those mitigative measures that were identified as practicable. 4. After due consideration, the Mayor and Board of Trustees finds that this action will achieve a balance between the protection of the environment and the need to accommodate social, economic and other considerations of sound policy; and be it further RESOLVED, that the SEQRA Findings Statement for the Lighthouse Landing Riverfront Development Concept Plan is hereby adopted by the Mayor and Board of Trustees of the Village of Sleepy Hollow, as Lead Agency, and shall be filed and circulated by the Village Administrator as required by SEQRA. Motion by: Trustee Murray Seconded by: Trustee Grala Roll Call Vote: Deputy Mayor DiFelice: Yes Trustee Grala: Yes Trustee DeMilia-Powers: No Trustee Morales: Yes Trustee Murray: Yes Trustee Wray: No Mayor Zegarelli: Yes 6 �Srvin, P A G E T 8C R I E S E L , P.C. MlCIf AEL 8L BDQIN M^lctT^^T N E W YOKE, N E W T O R E . M A S ! A.CUZRTOK J-AHKLA H. SSTEBMAN" JOTMraoHACc DAVID FAOET "» 10022-1906 -. w x-r-_—. ... w w _ , TELEPHONE (212) 4,21-2150 cAwim. BIKSEI, ^CH^-T «JENNirEH L C'TKJHI-AN COBISntOE M. I_EJkS ASHUTY B. X I U J S B JE1-1ZAMJETU A.. HEAD FACSrMXLE: ( 2 1 2 ) 4 2 1 - 1 8 9 1 STEVBW C HUSSO VAVIE a VTTDELSOH •AUSO ADMITTED IN HJ AKTHUS rf. JACOBSON COtTHSEX. w j t B S I T S www.spriiw.cam E - M A I L sprlawOsprlaw.com July 24, 2006 VIA ELECTRONIC MAIL AND REGULAR MAIL Hon. Philip Zegarelli Trustees of the Board of the Village of Sleepy Hollow Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591 Re: Lighthouse Landing Proposed SEQRA Findings Dear Mayor Zegarelli and Members of the Board of Trustees: We represent, together with DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, Roseland/Sleepy Hollow, LLC ("Roseland"), a co-applicant with regard to the proposed Lighthouse Landing redevelopment project ("Project") The environmental review process conducted by the Village Board of Trustees under the New York State Environmental Quality Review Act ("SEQRA") has been extraordinarily lengthy and rigorous, lasting more than four years. The process following acceptance of the Final Environmental Impact Statement ("FEIS") has lasted over six months, and has included a public hearing on the FEIS, the public circulation of numerous drafts of SEQRA Findings, and a series of workshops and meetings at which the Board has discussed the drafts and taken public comment thereon. During the entirety of the environmental review process, Roseland has exhibited a remarkable degree of cooperation with the Village. Roseland has gone well beyond the mere provision of mitigation for the few potentially significant impacts identified in the environmental review process, and instead has offered to provide a package of public amenities and improvements that is not required under SEQRA. These include the donation of approximately 41% of the Project Site to the Village for municipal or public uses or public open space - itself a stunningly high percentage of the overall site. Other amenities include the construction of the entire waterfront esplanade and park on the �Srvis, P A G E T & E I E S E L , P . C . July 24, 2007 Page -2West Parcel, the construction of a new Village Department of Public Works facility, the construction of a new firehouse, and the construction of tennis courts and soccer fields on the East Parcel, as well as other public improvements that are not necessary to mitigate piojcct impacts. Roseland has cooperated to this extent because it believes these amenities and improvements would help to enhance the Village as a whole and, consequently, make Lighthouse Landing a better project. However, the last several drafts of the Village's SEQRA Findings, including the most recent draft, include proposed findings that are unacceptable to Roseland. Among the objectionable findings are the following: • Land Use, Zoning and Public Policy, ^J 5(f): The requirement that Roseland modify its plans each time that the Green Building Council amends or modifies its certification provisions or they are "superseded with more state of the art specifications." It is impossible to design buildings when there is a moving target, yet that is precisely what this finding would require. • Land Use, Zoning and Public Policy, U 5(g): The requirement that Roseland post bonds for "all public improvements." • Land, Water and Ecological Resources, ^| 3, former Ifij 6, 12 and 13 (pages 45-46 and 48-49): The elimination of the factual findings that the Project will not adversely affect or be impacted by flooding, will comply with the Village's Flood Damage Prevention Law and appropriately addresses stormwater management — despite the administrative record and confirmation by the Village's independent engineers,1 This error is compounded by the inclusion of the provision in Paragraph 13 that seeks to impose on Roseland the obligation to "cooperate" with the Village and other governmental entities and "use best efforts to ameliorate the effects of flooding" when the preceding portions of the very same finding make it plain that the flooding problem is a regional issue and is not attributable to, and would not be exacerbated by, the Project. Land, Water and Ecological Resources, ^| 68: The Village's insistence that it will only take an easement and not fee title to the portions of the site that will be used for public purposes - including the waterfront park and roads. ' There arc similar objections to the deletion of provisions relating to the floodplain in Land Use, Zoning and Public Policy, ]} 6(n). �STVE, P A G E T & R I E S E L , P.C. July 24,2007 Page -3• Land, Water and Ecological Resources, ^f70: The requirement that Roseland indemnify the Village for residual soil contamination in the public spaces and under roads. • Construction Impacts, ^ 17-18: The requirements that impose on Roseland proscriptions on construction activities and delivery times that are beyond the constraints in the Village's Noise Ordinance. • Phasing, "fl^I 3: The "front-loading" of public amenities and improvements. The draft Findings relate to the Project as an integrated whole; accordingly, the objectionable findings (including those noted above) make the entirety of the draft Findings objectionable. Moreover, please note that we last received draft Findings dated July 20, 2007 from the Village. To the extent the there have been additional changes since that draft, Roseland reserves its rights to object. truly yours, Mark A. Chertok Cc: Dwight Douglas, Village Administrator David Smith, AICP Joel Sachs, Esq. Jonathan D. Stein Andrew V. Tung, ASLA Mark P. Weingarten, Esq./Peter J. Wise, Esq. Ruth Roth, Esq. 4676\SEQRA FindingsVLetterto Village 7 24 07 FINAL.doc ( �2 ^ D E L B E L L O DONNELLAN W E I N G A R T E N W I S E & WIEDERKEHR, LLP T1IOMAS R. BCIRNC BRIAN T.UH.OWICIJ* ANN FARJ; '.SSEY C.ARJ-SON' Ai.nutn R. n r i J l c u x ) Al.rRCD K. DONNJU-ANt JAMITT i. GlAJST PKAKKXruurRi. P A W . I, ftiAiutt FAmiG.Miu.ra PATRICK M. RtllXV J A I I U J. S U L L I V A N tlRADI-KVt). W A H K * COUNSELLORS AT LAW J A C O D ft. A M I R M A T T H E W S . CXiPFDBt»t JCNNIPU BL JACJCMAN* J KNNUTOR A. U1TARO* SUSAN CURJUE MdKEHCHISt T H E GATBWAY B U D D I N G O N E N O R T H LEXINOTON A V E N U E P E R R Y M. OCTUCTIEK STUflAK A- IUPAOUA JlSSICA (I. RBBLER ftllCHAtL J. SCRtVAKZf DANin. n. WALSH EVAN WlKDCIllUIIR H8IDI WlNSUJW D A V I D R. S E U K I C K A C O . , u,r W H 7 T B PLAINS, N E W Y O R K 10601 (914)681-0200 FACSIMILE (914) 684-0288 M A R K P. WKINCARTEI** LEK S. WtmoiKKHn PrrriU. W O E , AICP t I A N D U W j . IJALWr ItlCUARD A. KATZIVI BRANDON R. S A U . * IUOT M. BCMUMAK COUNSEL •MEMBER MEMBER •MCMUEP TMKMDEK *MKMBCR OP N Y ft CT B AR8 OP N T * KJ BARS OK N Y * DC BARS OF NY, NJ * MA BARS OP NY, NJ, CT A F^ B A R S July 24, 2007 BY HAND AND ELECTRONIC MAIL Hon. Philip Zegarelli Board of Trustees of the Village of Sleepy Hollow Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591 Re; Lighthouse Landing Proposed SEQRA Findings Dear Mayor Zegarelli and Members of the Board of Trustees: I We represent, together with Sive, Paget & Riesel, P.C., Roseland/Sleepy Hollow, LLC, a coapplicant (the "Applicant") with regard to the proposed Lighthouse Landing redevelopment project ("Project"). In light of the article in today's Journal News, it is evident that the intent of the new text added to paragraph 2 of the "Findings for the Preferred Alternative" (page 154 of the July 20, 2007 draft Findings Statement) is to reserve to the Board of Trustees the unilateral right to reduce the density of the Project by up to 131 additional units. Please be advised that the Applicant strongly objects to that finding, and to any other finding which would have the effect of reducing the density of the Project below 1177 units. Very truly yours, MARK P. WEINQARTEN Cc; Dwight Douglas, Village Administrator David Smith, AICP Joel Sachs, Esq. Jonathan D. Stein Andrew V. Tung, ASLA Peter J. Wise, Esq. Mark Chertok, Esq. Ruth Roth, Esq. 1212663 QUJIRO-OOI I �^CUDDY .'., . ) _ / ' . ! . : I V . rt»vv, :.ic •:'.•'..•:•..-•,-.'•••.- I July 24, 2007 Hon. Philip E. Zegarelli, Mayor and Members of the Board of Trustees Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 Re: Proposed SEQRA Findings for Lighthouse Landing Dear Mayor Zegarelli and Members of the Board of Trustees: I am writing to you on behalf of our client, General Motors, with reference to the proposed Findings dated July 24, 2007, that your Board will be considering this evening. According to the Findings, the Applicant is defined as GM/Roseland and throughout the Findings, conditions and obligations are being imposed upon the "Applicant" where the condition and or/obligation should be solely that of Roseland. I have met with David Smith and Joel Sachs, Esq. to review and object to certain inconsistencies in the Findings as well as clarifying the appropriate party who will assume certain obligations pursuant TO sa<o findings and they have concurred with our position in certain instances. To the extent that there are further revisions to the Findings, General Motors reserves ito :";:;:'^.'.;';> • ' U ' ' ; ' ^ ^ . ' :v:_\ ,•••'. . _ . •.^ I In addition, the Findings create other problems. Rather than take title to a certain portion of the land on the West parcel, the Village has opted to obtain an easement in perpetuity from GM/Roseland in order to limit their liability. Also, General Motors is required to donate a portion of the East parcel to Historic Hudson Valley. General Motors is contractually obligated to convey the entire West and East parcels to Roseland. Accordingly, General Motors cannot grant an easement to the Village over any portion of the West parcel, nor can they convey title or an easement for any portion of the East parcel to Historic Hudson Valley. We will notify the Village of Sleepy Hollow when General Motors has conveyed the property to Roseland, and we request that the ATTORNEYS AT LAW Ai =- • ' I ; , ,; F ;M c »• i - ' i Ui'.' l^'.^-il C&.F 787107 1 I �July 24, 2007 Page 2 Findings contain a provision that subsequent to such conveyance, all obligations imposed by the Findings on the "Applicant" shall be deemed to mean " R o s e l a n d " . The Findings impose upon General Motors the obligation to execute an environmental easement running in favor of the Village if the Village is not a beneficiary pursuant to any environmental easement required by the Department of Environmental Conservation ("DEC"), and to hold the Village harmless from any injury or d a m a g e arising out of the presence of any remaining residual soil contamination on the site. These conditions are unacceptable to General Motors. On August 29, 2002, t h e Village and General Motors executed an Agreement whereby they acknowledged that t h e completion of any remediation required by DEC on the property would completely satisfy and fulfill any obligation due from Genera! Motors to the Village. The obligations of General Motors, with respect to environmental remediation, are limited solely to any statutory requirements that may be imposed by New York State and Federal L a w . It has also been brought to our attention that Roseland has identified certain issues in the Findings and will be submitting a letter to the Board of Trustees for their consideration. We have not had an opportunity to review the issues raised by Roseland and consequently reserve the right to join them with respect to those issues. Very truly yours, Ruth E. Roth RER/rrn cc: David Spencer Dwight Douglas, Village Administrator David Smith, AICP Joel Sachs, Esq. Jonathan D. Stein Andrew V. Tung, ASLA Mark P. Weingarten, Esq./Peter J. Wise, Esq. Mark A. Chertok, Esq. �oM l SIVE, PAGET 8C RIESEL, P.C. 4-60 STE\'T:H B A K S H O V MICHAEL S. BCX3IX P A U I n CAstiwrri* Hi.HU A C H E K T O K P i M E L i a . ESSTKHM-A K" NEW iirrrBCY n. OHACEB DAVID P A O E T .DAJJ1K1. R I K S E L S T E V E N C HIISSO 11AVI.D S TTTJIlELSON RAJHJK: A-V^nsrmE YORK, N E W YOHB: 10022-1906 TELEPHONE ( 2 1 2 ) 4 . 2 1 - 2 1 5 0 FACSIMILE: (212.) 4 2 1 - 1 8 9 1 D A T O ) s r v E {BETJ DAN CHOB05T JEfOTIJfEB 1_ C O O H L A N C K E I S T I j r a M. L E A S A S I t t E T EL MILJ-EH E X J Z . A B E T H JL. H O . J 3 A H I H U H J . JA.COBSON COirNSKL • A L S O A D M n T t D I N N.J VTEB W I E wivw.sprirw.ccim E-MAU- «piiaw*sprliw.cain July 24, 2007 VI7\ ELECTRONIC MAIL AND REGULAR MAIL Hon. Philip Zegarelli Trustees of the Board of the Village of Sleepy Hollow Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591 Re: Lighthouse Landing Proposed SEQRA Findings Dear Mayor Zegarelli and Members of the Board of Trustees: We represent, together with DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, Roseland/Sleepy Hollow, LLC ("Roseland"), a co-applicant with regard to the proposed Lighthouse Landing redevelopment project ("Project"). We write to address the June 25, 2007 Report of the Village Planning Board entitled "Review and Recommendations of the Draft SEQRA Findings for the Lighthouse Landing Project and the LWPR Consistency Determination June 22 Draft Findings" (the "Report"), the subsequent document disseminated by the Planning Board at its July 18, 2007 meeting entitled "Proposed Comments for the Board of Trustees on Draft SEQRA Findings Statement for Lighthouse Landing", dated July 19, 2007 (the "Comments"), and the July 20, 2007 Planning Board Report on the Lighthouse Landing SEQRA Findings (the "July 20 Report"). As explained below, Roseland believes that many elements of these documents are misplaced, contrary to the administrative record of the extensive environmental review of the Project, and inconsistent with SEQRA. In particular, and as explained more fully below: • The possible construction of an estuary for the Pocantico River on the Project Site (the "Site") adjacent to Kingsland Point Park is not part of the Project, is not a measure to mitigate any impacts of the Project, and is speculative. The Sive.PagetSRiesel 35 �o SIVE, PAGET & RJCESEL, 4£ P.C, July 24, 2007 Page -2possible construction of the estuary is dependent upon conducting a series of studies that are needed to ascertain whether the concept is technically, ecologically and fiscally feasible; obtaining a number of permits and approvals; and securing funding for the proposal. There is no reason to adopt a "flexible" buffer, as Roseland needs to design the Project and cannot be held hostage by such speculation. • » The Project, as shown by studies submitted by Roseland and confirmed by the Village's engineering consultants, does not cause or exacerbate extant flooding problems in the Village, but in fact would reduce the volume of stonnwater flowing off of the Site due to the significant reduction in impervious areas. The Project is fully consistent with the Village's Flood Damage Prevention Law and appropriately addresses stormwater. The Comments' suggestion to eliminate virtually all of the factual findings relating to flooding and stormwater runoff cannot vitiate the foregoing conclusions and cannot justify imposing an impermissible and unwarranted burden on Roseland to solve historical Village flooding problems. • The Project will be energy efficient. The Project will seek Leadership in Energy and Environmental Design (LEED) certification under the Green Building Council's LEED for Neighborhood Development (LEED-ND) program, the larger buildings will be designed to qualify for LEED certification using the LEED for New Construction rating system, and the townhomes will be designed to qualify for the Energy Star Qualified Attached Homes National Builder Option Package. There is no basis to impose on Roseland a requirement that the Project must be constantly redesigned to meet changes in energy efficiency technologies. • The Project is consistent with the Local Waterfront Revitalization Program ("LWRP") without the inclusion of the estuary concept, as determined by the Village Waterfront Advisory Committee. Indeed, the Report's insistence that the estuary concept is a water-dependent use ignores its speculative nature and erroneously assumes that the estuary is reasonably foreseeable; it is not and, therefore, is not appropriate for the Village to rely upon it as a basis for its SEQRA Findings or LWRP consistency determination. The SEQRA Findings The Report contains comments on certain elements of the June 22, 2007 draft SEQRA Findings circulated by the Village Board of Trustees (the "June 22 Draft Findings"), and suggests specific language for certain of those findings. The Comments address the July Sive.Paget&Riesel 36 �SrvE, PAGET & RIESEL, P.C. July 24, 2007 Page -313, 2007 Draft Findings circulated by the Board of Trustees (the "July 13 Draft Findings"). Roseland's response to the Report and Comments follow. For convenience, this letter addresses the subjects in the same order as raised in the Report, as supplemented by the Comments. A. Preliminary Comments The Village of Sleepy Hollow Waterfront Use Master Plan, as noted in the June 22 Draft Findings, was prepared by Beyer Blinder Belle for the Village. It. provides general guidance to the Village on the overall waterfront uses, including the potential uses of the Site. The Report notes that the Village is not a member of the Hudson Valley Greenway. However, it is useful for the Findings to consider the compatibility of the Project with that planning document, which is a valuable planning document for the Hudson River Valley. B. Public Space at the Gateway to Lighthouse Landing and Ichabod's Landing Roseland has agreed to a slight reconfiguration of Building H to provide more retail frontage along the green space. In addition, there will be a roundabout at the intersection of Beekman Avenue and Beekman Place with River Street. Building M will also be reconfigured to include additional retail uses near the hotel. C. Transportation Measures Roseland concurs with the recommendation to participate in an inter-municipal transportation district planning body. (Report at 4; Comments at unnumbered 2.) However, Roseland does not concur with the Comments that such an entity, or the provision of an inter-municipal trolley (or similar) system, is necessary to mitigate traffic impacts from the Project; other mitigation measures address such impacts. Nor does Roseland concur that it is necessary to "refine" over the next several years the traffic mitigation measures that are identified in the FEIS and are expected to be adopted in the Findings. (Report at 4.) To the extent that advances in technology would allow feasible use of energy efficient vehicles for use within the Site, Roseland would certainly consider such vehicles on its own accord. Off-Site vehicular transportation is an appropriate subject for the proposed District to consider in the future; however, it is not properly part of the Project review. The recommendation in the Comments to require the "independent approval" of mitigation measures by the New York State Department of Transportation ("NYSDOT") Sive, �3S<D SrvE, PAGET & RIESEL, T>.C. July 24, 2007 Page -4- for intersections on Route 9 and by the ViUage of Tarrytown for intersections in that municipality (Comments at unnumbered 3) is unnecessary. NYSDOT approval is already necessary for work on State roads; Tarrytown must approve work on its roads. Furthermore, the notion that Tarrytown should have an approval authority over Roseland's fair share estimates should also be rejected. (Comments at unnumbered 3.) D. Parking As noted by the Report, the "parking needs for the projected uses of the site appear to be satisfactory." (Id. at 5.) Roseland concurs with this conclusion. In terms of the 24 onstreet parking spaces directly adjacent to the waterfront park on Road One, Roseland has agreed to the Village Board's reservation of the right to determine the extent to which some or all of these on-street parking spaces should be provided as part of the waterfront open space design process. The removal of this modest number of spaces would not affect the acknowledged adequacy of parking on the Site. Furthermore, as suggested in the Comments (at unnumbered 3), Roseland has agreed to consider additional spaces behind Building C, in structured parking between Buildings A and B, and additional spaces in a "landbanked" at-grade area between Buildings A and I. Given the extent of parking on the Site, the capacity to add the 24 on-street parking spaces, and the potential to provide additional spaces at the locations noted in the preceding sentence, there is no need to provide for additional parking for the boathouse/interpretive center. The Planning Board has also suggested that Roseland reorient Building A. (Comments at unnumbered 3.) Such reorientation is not practical because Building A serves as an important focal point at the terminus of the central park and the pool deck located therein must have exposure to the sun. E. Cultural Heritage As noted in the June 22 Draft Findings, the possible donation of a portion of the East Parcel to Historic Hudson Valley ("HHV") for the potential establishment of a restoration colonial tenant farm is not part of the Project and is subject to various contingencies. (Draft Findings at 94, Tj 6.) If the donation does occur, an application by HHV for site plan approval would be subject to an additional SEQRA review to the extent necessary. (Id.) Roseland has agreed to work with HTTV to resolve outstanding issues, including those relating to the Brownfield Cleanup Program ("BCP"). Although the State Historic Preservation Office ("SHPO") has found no need for further archeological studies, the June 22 Draft Findings provide that further archeological mitigation protocols be followed prior to disturbance of the area of the East Parcel that Srve.Paget&Riesel 38 �SrvE, P A G E T 8C R I E S E L , P.C. July 24, 2007 Page -5might have been the location of a pier at the end of Continental Street. 5-6.) There is no basis for requiring that this assessment take place. F. (Id. at 90-91, ^ | Flooding The Report misapprehends the flooding issues, confounds the concepts of a 100-year flood with a 100-year storm, and erroneously assumes that the Project does not appropriately deal with either flooding or stormwater. (Report at 17.) A 100-year flood zone only occurs adjacent to water bodies; it is an estimation of the extent of flooding that "can be expected to occur on average with a frequency of once every 100 years at a given point or reach on a river" (NFOAA NWS website glossary). Areas of special flood hazard, including areas along the Hudson and Pocantico Rivers as shown on FEMA Flood Insurance Rate Maps, are regulated in Sleepy Hollow by the Village's Flood Damage Prevention Law. A 100-year stoim can occur anywhere, as a design storm is a measure of rainfall intensity and duration. The "100 year storm" is not a storm that is anticipated to occur once every 1O0 years, but rather is a rainfall event of intensity and duration that has a 1% chance of occurring during any one year. The Report, unfortunately, conflates flooding and rainfall events and seeks to apply inapplicable criteria to each. The Report asserts that "every developer in the Village" has met the hypothesized 1 00year flood design standard -- which is allegedly "removing waters that could enter the site from the 1O0 year flood." (Report at 5.) The proposed revisions to the June 22 Draft Findings attached to the Report specifically mentions the Kendal, Phelps and County House Road projects as having met this supposed requirement. However, none of these developments was in or affected the 100-year flood zones and none met the new criterion posited by the Report to "eliminate flooding from the 100 year flood." (Id. at 18.) Rather, these projects had to meet theNYSDEC requirement for the 100-year storm. Nor does the Report's new criterion exist under the Village's Flood Damage Prevention Law. There is no legal or factual predicate for the Report's suggestion that the Project must remove waters that would enter the Site during the 100-year flood or the July 20 Report's suggestion to require Roseland to ameliorate or resolve flooding to the 100-year flood level. The Project has been designed, however, to comply with the Village's Flood Damage Prevention Law. The limited flooding that presently occurs on the East Parcel results from upstream flows during large storm events overtopping the riverbanks onto the Site and coincident high water levels in the Hudson River during high tides. The Project does not affect these conditions. Sive, �Srre, PAGET & R I E S E L , P.C. July 24, 2007 Page -6The Project meets the Village policy relating to storm water runoff. Runoff will be managed according to a stomiwater management plan that will accommodate the 1,2, 10, 25, 50 and 100-year storms. The Village Board's engineering consultants confirmed that this plan conforms to accepted engineering standards and best management practices and has been designed to properly accommodate all rain events, including the 100-year storm event referenced in the Planning Board Report. Despite these conclusions - confirmed by independent experts retained by the Village the Planning Board, in its Comments, continues to assert that Roseland should be burdened with addressing flooding problems unrelated to the Project. It has requested the Village planners to prepare modified drafts of the findings that eliminate virtually all of the factual findings relating to flooding - as if striking them from the findings would make the facts disappear from the administrative record. Such a magical transformation, however, is implausible; the facts cannot be simply disregarded. G. Brownfield Remediation The Report acknowledges that the contemplated remediation under the BCP is adequate, and thus protects public health and the environment. (Report at 5.) The supposed exceptions relate to tree plantings and the estuary. The Report asserts that the June 22 Draft Findings do not sufficiently protect workers or residents who would plant or replace trees. (Id.) However, the Site Management Plan ("SMP") that would be adopted under the BCP, and is described in the June 22 Draft Findings, fully addresses the planting of trees or any other activities that would disturb the demarcation barrier that will be placed at the bottom of any remedial excavations and would warn of the potential for residual contamination below that barrier. Such activities would be conducted pursuant to an approved Health and Safety Plan and other precautions in the SMP. Roseland The Report's suggestion that there is residual contamination in Kingsland Point Park that necessitates 100 percent remediation, and that Roseland should be required to remediate the area of the estuary concept, are both misplaced. (Report at 5.) Similarly, there is no basis to consider remediation for the estuary. The estuary concept is not part of the Project and is dependent on undertaking a variety of studies to determine its feasibility, and, assuming such feasibility is demonstrated, obtaining a number of permits, and securing funding for its constmction. The Comments also express concern over June 22 Draft Findings related to contamination found in the Pocantico River, and disclaims any effort by the Village to direct DEC in its remedial efforts. This position, of course, is strikingly inconsistent with Sive.Paget&Riesel 4 0 �S I V E , P A G E T 8C R I E S E L , P.C. July 24, 2007 Page -7the Planning Board's insistence on measures with respect to the IRMs that go beyond DEC requirements, and its past assertions that Roseland should address the contamination found in the Pocantico River- though it now acknowledges no factual basis for asserting that GM was the source of such contamination.1 H. Trees The Report asserts that the renderings of trees in different design documents are inconsistent. (Report at 6.) This is not the case, as the renderings are artists' conceptions. Species, sizes and location of trees are all subject to site plan approvals. I. Energy As reflected in the most recent Draft Findings, the Project's level of energy efficiency exceeds ordinance and building code requirements. Therefore, the Village has no right to demand specific design elements. Nor is it appropriate, as demanded in the July 20 Report, that the Project be constantly redesigned as more energy efficient measures become available; the design and site planning processes cannot be constantly interrupted if the Project is to proceed to completion in a timely and cost-efficient manner. J. Pocantico River Estuary Buffer Set-Aside and Studies The Planning Board's request for a larger buffer to facilitate estuary construction is predicated on the misplaced notion that the estuary is a measure to mitigate the increase in Village residential density and commercial uses associated with the Project is unsupported. (Report at 12.) The possible estuary is not necessary to mitigate any Project impacts. The estuary is also a speculative endeavor. Unfortunately, the Report's use of terms such as "pejorative", (Report at 7), tends to substitute semantics for facts and thus masks the Report's lack of factual substantiation for its advocacy. However, as explicitly acknowledged in the Report, the Planning Board does not know whether the concept is technically, hydrologically, ecologically and fiscally feasible, whether the necessary permits and approvals can be obtained or whether funding can be secured. (Id.) The Planning Board's obvious eagerness to have the estuary implemented cannot substitute 1 The assertion that "there is nothing in the FEIS record to indicate that General Motors did not contribute to any contamination in the Pocantico" (Comments at unnumbered 5) seeks to impose on GM the burden to prove the negative - a nigh impossible task - while seeking to imply that there is such evidence. The Board of Tmstees should reject this type of semantic gamesmanship. Sive, �S r v E , P A G E T 8C R I E S E L , P . C . July 24, 2007 Page -8for the hard reality that the concept must first pass fundamental standards of feasibility and forseeability before it can become a reality.2 K. Proposed LWRP Consistency Determination The Report includes a proposed consistency determination pursuant to the LWRP. (id. at 19-25.) Most of the issues raised in the proposed determination have been addressed above or in prior submissions by Roseland and are not reiterated herein. Certain of the proposed findings, however, as noted below, are factually inaccurate. 3 These include the following: (b)(4) Erosion (id. at 21): There is no need for any further study to address the potential for wave action to erade the proposed beach or estuary. The "beach" has been modified to be a concrete apron, which is not subject to erosion. And the estuary, as noted above, is not part of the Project. (b)(5) High Water Table - Shallow Soils (id. at 21): The SMP under the BCP will require that the Site cap, including that over the open space areas, be inspected regularly and maintained. Thus, there is no need for further studies regarding the potential need for additional fill to protect against storm surges along the esplanade area. (c)(1) Policy 1A (id. at 21): Neither the possible estuary nor the possible HHV expansion are part of the Project. (c)(3) Policy 1H (id, at 22): There is no factual basis for the suggestion that the water-dependent uses set forth in the June 22 Draft Findings, which are part of the Project, need the same type of studies as the estuary. There are no studies showing whether the estuary is a feasible concept and its erivironmental impacts; on the other hand, the FEIS assessed the potential environmental impacts of the other water dependent uses -- which are all plainly feasible (e.g., there are no sophisticated hydraulic studies needed to construct a floating pier) - and finds that such impacts would not be significant. Any further studies for such uses would not approach those necessary to determine estuary feasibility. 3 The Report's repeated references to public support for the estuary concept are irrelevant (Report at 7); before the public or government entities can make an informed decision, they need to know the feasibility of the estuary and, as reflected in the various studies, its pros and cons. ' In addition to those discussed in the text above, the Report is incorrect when it states that the Village Board's consistency Findings are binding on state and federal agencies. (Report at 17.) Each State agency, such as NYSDEC, must make its own independent consistency determination. NY EXEC § 916; 19 NYCRR § 617.11. While such agencies would afford appropriate consideration to the Village Board's findings, those findings are not binding upon other agencies. This concept also applies to the Department of State, which issues consistency determinations for federal permits, such as those issued by the U.S. Army Corps of Engineers. If there is disagreement between the project sponsor and the Department of State with regard to such determination, the matter can be appealed to the U.S. Department of Commerce, where the local government decision provides guidance, but is not binding. 40 CFR Part 930, Subpart H. Sive, �SIVB, PAGET & R I E S B L , P.C. July 24, 2007 Page -9(c)(7) Policy 7D (id. at 22): Policy 7D refers to "the Hudson River immediately adjacent and within 1,000 feet of the Village's shoreline," not the "shoreline within 1,000 feet of the Hudson." In any event, the restoration of the Site with respect to local flora will be addressed in the detailed Landscaping Plan. (c)(8) Policy 8 (id. at 22-23): The BCP will address any necessary sediment remediation and will provide for groundwater monitoring to assure the efficacy of the remedy. (c)(10) Policy 10 (id. at 23): The Project has no effect on commercial fishery in the Hudson River and, therefore, need not be burdened by studies unrelated to Project impacts. (c)(13) Policy 13 (id. at 23): As noted above, the Project does not affect flooding and the elevation of buildings on the West Parcel is well above the 100-year flood plain level. (c)(19) Policy 17 (id. at 23): As noted above, the Project has no effect on Pocantico River flooding. (c)(22) Policy 19B (id. at 23-24): The HHV expansion is not part of the Project. The Lighthouse is not affected adversely by the Project, and additional findings on this subject are not needed. (c)(30) Policy 23 (id. at 26): There is no basis for requiring Phase 2 archeological studies on the West Parcel. The SHPO has found that there would be no impacts from the Project, including the West Parcel. (c)(32) Policy 30 (id. at 26): Any noncompliance, as noted in the Report, is a Village responsibility and thus should not be made a condition on the Project. (c)(34) Policy 35 (id. at 26): Any dredging would need to comply with the BCP and applicable law, so no additional findings are needed for any such activities. (c)(35) Policy 39 (id. at 26-27): The disposal of historic fill from the Site during the IRMs is already addressed in the Draft Findings. (Draft Findings, at 63-64, 133-34). (c)(37) Policy 44 (Report at 27): The Draft Findings already provide for mitigation of wetland impacts of the Project. (Draft Findings at 42-43, 46.) In the event, the estuary is constructed, it could not result in the post-hoc imposition of any required buffers or other regulatory proviso on the Project. L. Excerpts from the Planning Board's Report on the FEIS Finally, the Report attaches excerpts from the Planning Board's January 23, 2007 report on the FEIS (the "Excerpts"); presumably, the attachment reflects subjects on which the Planning Board has opinions differing from those expressed by the Village Board in the June 22 Draft Findings. A brief response to the Excerpts follows. Sive, �SXVE, P A G E T & R I E S E L , P.C. July 24, 2007 Page -101. Flood Control The Excerpts reflect the Planning Board's contention that the Project must rectify flooding in the lower Pocantico - even though the Project does not impact such conditions. First, the Excerpts claim that the shifting of the former bed of the Pocantico contravened the public trust doctrine, and thus GM is now responsible for addressing flooding that supposedly arose from that movement. (Report at 26.) The Excerpts then raise a number of arguments relating to the Project's relationship to Pocantico River flooding. (Id. at 26-28.) The public trust and related arguments in the Excerpts have been addressed by Roseland in an earlier submission, and will not be repeated herein. The short answer is that there was no contravention of the public trust doctrine. The Planning Board then argues that the Village should not let flooding on the East Parcel continue. (Id. at 26.) This argument has been addressed previously. There is no legal or factual basis for the Village to compel Roseland to prevent 100-year flood waters from entering the Site and to impose on Roseland the obligation to address historical flooding problems unrelated to the Project.. 2. Water Dependent Uses - the Hudson and Pocantico Rivers The aspects of the LWRP that address water-dependent uses have been addressed in the Waterfront Advisory Committee's findings. Some of the design suggestions of the Excerpts have been adopted by Roseland, and the others simply express the opinion of the Planning Board. The Village's Design consultant, Beyer Blinder Belle, first suggested the construction of the fishing pier that the Planning Board finds is not sufficiently supported. Given the Planning Board's assertion in the Report that the estuary would "expand the recreational use of fish.. .resources" and that the "Tappan Zee off shore of the Light House landing historically was appropriate for some levels of commercial fishing" (Report at 23), we have difficult understanding the assertion that there is no basis for a pier for recreational fishing. Finally, the Planning Board's suggestion that Roseland should restore swimming at Kingsland Point Park, (id. at 31), is unrelated to Project impacts and beyond the scope of the environmental review. Roseland has agreed to widen the cove area to augment the area for small boat launching, which appears to be an objective of the Excerpts. The remainder of the Excerpts deals with the estuary concept, which has already been addressed. Sive.P �S I V E , P A G E T 8C R I E S E L , P.C. July 24, 2007 Page-11M. Conclusion The unsupportable and/or deficient recommendations by the Planning Board with respect to the Draft Findings should be rejected. Very truly yo I Mark A. Chertok Cc: Dwight Douglas, Village Administrator David Smith, AICP Joel Sachs, Esq. Nicholas Robinson Jonathan D. Stein Andrew V. Tung, ASLA Mark P. Weingarten, Esq./Peter J. Wise, Esq. Ruth Roth, Esq. 4676\SEQRA Findings\Robinson Response FINAL 7.24.07.doc I Sive.Paget&Riesel 45 I �3JSS- TARRYTOWN-ON-HUDSON 21 Wildcy Street, Tarrytown, New York 10591-3199 Mayor DRLW'l'IXHI.L Deputy Mayor MOM A S T BAS1II-R I 1 ILL* GE A DM1N1STRA TOR 914-631-1885 VILLAGE TREASURER 914-631-7873 riLLAGE CLERK 914-631-1652 VUAAGE ENGINEER 914-631-3668 DEPT. OF PUBLIC WORKS 914-631-0356 Trustees THOMAS BUTLFR R O B I R I 1IOYT MARY M c G F F FBFCCA McUOVERN DOUGLAS ZOLIX) TAX NO. 914-631-1571 July 24, 2007 Mayor and Board of Trustees Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, NY 10591 Re: Lighthouse Landing at Sleepy Hollow Dear Mayor Zegarelli and Board of Trustees: Thank you for providing us with a copy of your draft Findings Statement for Lighthouse Landing. We ask that you not adopt the Findings Statement tonight, as it contains over 150 pages of material and we have not had adequate time to review the document. We respectfully request that you deiay adoption of findings until no earlier than your regularly scheduled August meeting. I We also would like to take this opportunity to summarize once again the views of the Village of Tarrytown as an involved agency regarding information previously submitted in connection with the FEIS for Lighthouse Landing. As you know, involved agencies must make their own findings. As we stated in our letter to you dated February 1, 2007, the Village Board of Tarrytown will not eliminate parking on Route 9 for the following reasons: 1) Harm to merchants. The proposed elimination of parking on Route 9 will reduce existing short term parking that serves the retail stores of our Village. Our retail district is already suffering from a severe parking shortage, which would be exacerbated by eliminating parking on Route 9 in order to mitigate traffic impacts from the proposed Lighthouse Landing development. 2) Harm to pedestrian environment and neighborhood character. On-street parking provides a critical buffer between pedestrians and vehicular traffic. Eliminating this parking will have a negative impact on the pedestrian-friendly character of the Village's retail district. In addition, our consultants' review of the proposed elimination of parking on Route 9 determined that such an action will result in an undesirable increase of traffic speeds along this roadway, thereby exacerbating the negative impacts on neighborhood character. Tarrytown I L\es Recycled Paper �3ri Page 2 Lighthouse Landing at Sleepy Hollow Consequently, the Village of Tarrytown Board of Trustees will not allow the traffic mitigation measures within the Village of Tarrytown that are relied upon in the FEIS, as they would be a detriment to the vitality of our retail district and the health and safety of our residents. As discussed in a memo from our traffic consultant, John Canning, dated July 17, 2007 that we previously provided to you, traffic cannot be reasonably mitigated without a further reduction in the density of the Lighthouse Landing project. Further, in a memo dated July 9, 2007, our economic advisor, Urbanomics, has verified that the sales prices projected in the fiscal impact study for Lighthouse Landing are substantially below market. We therefore believe that development density on the site can be further reduced in order to effectively mitigate traffic. Newspaper reports from the Journal News, which indicate that Roseland will be receiving significant tax credits for Brownfield remediation, further support this view. Again, we ask you to seriously consider postponing adoption of the Findings Statement for Lighthouse Landing to provide us with an opportunity for adequate review of and comment on your proposed findings. . Sincerely^ Drew Fixell/ Mayor / / �ci-:./i:Q\>c) i i dzLoO ^\( Many of you have expressed concerns about this project and we have met and discussed and revised our findings to try and accommodate the many issues.,Xii?§n we generate sufficient Tax revenue based on the size and makeup of the project to pay for the cost of services the Village will be asked to provide? Can we mitigate traffic concerns without significantly reducing density? Can we work with Roseland to assure usage of energy savings "green" standards? Can we impose flood mitigation standards on Roseland who did nothing to cause the problem in the first place? How can we assure environmental cleanup and construction oversight? And what about the developer who needs to make a profit?^i thank you all for participating in this process and while many of you express concerns about those things which you feel we haven't addressed, 1 ask that you to take account of those things that we have, • Environmental Remediation: We were fortunate to have as residents some of the leading environmental attorneys in the country work as a task force on the environmental findings, including Chairman of our Planning Board, Professor Robinson, Donald Stever and David Cartenuto.--These nhdings far^ejfecced those provided by any of our neighboring communities.NrN^t C ^ \ ( ^ • Monitor: Last week we approved the hiring of a consultanrto monitor the remediation process and to report to the Building Inspector. I would personally recommend that Maria get involved in the oversight process given her background experience in environmental law. I can vouch for her investigative capabilities. • Energy Conservation: The Project will be LEED (Leadership in Energy and Environmental Design) under the Green Buildings Council for Neighborhood Development. The larger buildings will be qualified for LEED certification for new construction rating system and the townhouses will be designed to qualify under the Energy Star Program. We ask that as the Project continues, Roseland strive to identify and include such additional or more advanced energy efficiency measures as become practical and available in the future to make this development a model of energy conservation. • Flooding: Our findings are designed to comply with the Villages Flood Damage Prevention Law and we have asked Roseland to use its best efforts" to resolve flooding to accommodate the 100 year flood. Working with our neighboring upstream communities, WC County, Rockefeller State Park, the Army Corps of Engineers we will develop an action plan to mitigate flooding in the lower Pocantico. Residents issues raised and addressed include: • We have expanded the buffer for the proposed estuary and increased set back requirements - and the findings have been approved by the Planning Board. We will cooperate with the County to increase the buffer further to 230 feet at the hour glass ends. • We have expanded the geotextile demarcation barriers to be placed under all open space park land and roadways. i �• That being said, not only has Roseland agreed to eliminate Building N, but we have set aside Building I which contain^ 113 units for possible modification or elimination down the road at a future time. This is the beginning of the beginning, we are not going to please everyone, in fact we have probably not pleased anyone, certainly not Roseland, but our job is to move forward or else this project will never get started let alone get finished. But we are a community of involved citizens and I ask that you stay involved and participate whether it is on the Regional Transportation Authority or the ARB or the Citizens Committee on Oversight and Monitoring of the Cleanup. Finally I thank those that have served before us on the Board, including Don Stever, Jimmy Hart, Tommy Capossela who worked hard on the design and construction committees and Dick Spota who helped assure building of the new fire and ambulance station. In conclusion I thank all the committees who helped move this process along, all of our consultants, my fellow board members, our tireless and forever hardworking mayor and Roseland who I hope will continue to work with us to achieve a project which is worthy of being a part of this wonderful community of Sleepy Hollow. � 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 Board of Trustees Meeting Minutes & Resolutions-2007 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_TRUST_2007-07-24 Subject The topic of the resource Board of Trustees Minutes-2007 Date A point or period of time associated with an event in the lifecycle of the resource 2007 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