https://sleepyhollow.localarchives.org/files/original/7fbec88ec76583178d85711bf888832b.pdf 897361a3c466c5c8e674543c137aa573 PDF Text Text The Board of Trustees of the Village of Sleepy Hollow held a meeting on Tuesday, December 22, 2009, In Village Hall, 28 Beekman Avenue, Sleepy Hollow, and New York. Present: Mayor Kenneth G. Wray David Schroedel Barbara Carr Bruce Campbell Thomas Capossela Karin Wompa, Trustees Absent; Evelyn Stupel, Trustee Also Present: Anthony P. Giaccio, Administrator Sean McCarthy, Building Inspector Richard Gross, General Foreman Janet Gandolfo, Village Counsel Jose Cotarelo, Acting Police Chief Paula A. McCarthy, Village Clerk Absent: Diane Jacobson, Treasurer At 7:10 p.m., the Mayor called the meeting to order with the pledge to the flag. Mayor Wray announced the passing of Mr. Ed Keegan, a longtime Village Business owner. Mayor announced the continuation of the Public Hearing for the River's Edge Project and at this time asked if anyone wished to address the Board of this matter. No comments were made. Trustee Schroedel moved, seconded by Trustee Carr to close this Public Hearing. Motioned carried. Trustee Carr stated that sufficient notice has been given to all residents for comments on this Project. Trustee Schroedel asked that the Board of Trustees allow previous comments made by the Water Advisory Committee be included as part of the record. Trustee Campbell asked if the revised plan has been submitted to the Waterfront Advisory Committee and is it required by law to be presented to the WAC. Ms. Gandolfo responded by saying that the original plan was given to the WAC and their recommendations have been made part of the record. The plan was revised based on some of these recommendations. Discussion ensued. Trustee Wompa asked if a new application Is needed for the revised plan. Mr. David Smith advised that an application was submitted for the coastal assessment and others and that a new application was not needed. He explained that when a project of this magnitude requires an environmental impact statement, the applicant has to go in front of the WAC, additional discussion ensued. �Approval of Minutes - Trustee Shroede! moved, seconded by Trustee Campbell to approved the Minutes of 8/11/2009; 10/20/2009; 11/3/2009. Motion carried 5-0. Approval of Warrants - Trustee Schroedel moved, seconded by Trustee Carr, to approve Warrants: 09DEC08B, $47,214.89; 09DEC08D, $695.00; 09DEC14, $115,683.55; 09DE, in the total amount of $409,803.83; Motion carried: 5-0 Mayor Wray wished everyone Happy and Safe Holidays. Mayor opened up the Meeting at this time to Public comments and evoked the 5 minute rule. Mr. Mario Belanich of 153 North Washington asl<ed if there was a report about monies for the Headless Horseman Statue, Mayor responded that no report Is available at this time. Trustee Reports Trustee Schroedel reported that the Finance Committee met and has completed the 2009 audit report. A presentation will be made at the next work session. Trustee Schroedel also reported that a speed trailer has been installed on Rte 9 and that six vehicles have been towed totaling fines of approximately $11,000.00. A cell phone audit was done In the Police Department by the Chief of Police and out of 24 cell phones only seven cell phones are now in use. This is a substantial savings. Trustee Carr reported that along with Trustee Wompa, they attended the Senior Citizen Holiday party which was very nice. Trustee Carr also asked about the lights for the Webber Park Sign on New Broadway. Trustee Campbell reported that the MEU has declared an impasse. Trustee Campbell also reported that the Community Relations Community will continue to reach out and try to have meetings in difference locations of the Village. Also, they will continue investigating the technical support for our website, and reviewing an agreement arrangement with Community Media. Deputy Mayor Capossela reported that garbage pickup for the next two weeks is on a holiday schedule. Deputy Mayor Capossela asked that residents do not throw snow into the middle of the streets as it freezes up. The lights for the Webber Park sign are lit. Deputy Mayor Capossela wished all the local residents Happy Holidays. Trustee Wompa reported that the bids for the Senior Center construction are in and will be reviewed at the next work session. A $10,000.00 facade grant has been awarded to Steve Macyak, owner of the Bridge View Restaurant. Other applications are in the works. A new Executive Director, Susan Roth, has been hired for the Downtown Revitalization Corp., and she has extensive background in planning and grants. The Streetscape Committee will meet with Howard Smith after the holidays, to discuss landscaping Ideas for the entrance way of Morse school. The Administration committee discussed doing an audit with WSG for �our computer equipment. The Environmental Committee met and discussed tlie issue of native plantings in the Village and discussing possibly removing some of the trees at Douglas Park that are not 100% native to this area. Also, discussed leaf blowers' ordinance and will bring a presentation to the board about its toxicity. Administrator's Report - Mr. Giaccio reported that 21 bids were received for the Senior Center for various items, and it's scheduled for discussion for the January work session. The recreation study is moving along and there will be a public comment opportunity at the High School on January from 7-9pm, Mr. Giaccio stated that everyone Is encouraged to attend and make comments to get a fair representation from the community. Some of these studies will be used for future policies. Mr. Giaccio also mentioned that the Downtown Revitallzation Corp is taking the lead on the Village calendar. Advertising space Is being sold to local merchants to cover these costs. Mr. Giaccio mentioned that the Webber Park sign is lit up, and landscaping will follow In the spring time. Resolutions - See all attached. Mr. David Smith explained that there are three resolutions on the agenda regarding the River's Edge Project. Mr. Smith explained thoroughly the language in these resolutions. Mayor announced that he strongly supports the River's Edge Project. Old Business - Deputy Mayor Capossela asked Mr. McCarthy about the buildlng(s) on Beekman Avenue that had fires and are not being re-built. Mr. McCarthy responded that these properties have been issued buildings permits. Further discussion ensued. Communications. Petitions & Requests: None Public Comments Mr. James West, addressed the Mayor and the Board of Trustees on behalf of Mr. Charles Lankester, the Phillips Manor and Sleepy Hollow Manor Associations and proposed a resolution that a traffic study should be done on Rte 9 between Phelps Memorial Hospital and Pierson Avenue. See letter attached. At approximately 8:15 p.m., at the request of Mr. Giaccio, Trustee Campbell moved, seconded by Trustee Wompa to go into Executive Session to discuss a personnel matter. At approximately 8:50 pm., a motion by Trustee Schroedel was made to come out of Executive Session, seconded by Trustee Campbell. �On a motion by Trustee Schroedel, seconded by Trustee Carr the meeting was adjourned at approximately 8:51 p.m. Respectfully submitted, Pauia A. McCarthy Village Clerk �54 Fremont Road Sleepy Hollow December 15, 2009 Dear Mayor Wray The Associations of Phiiipse Manor and Sleepy Hollow Manor request that the Village of Sleepy Hollow adopt a resolution requesting the New York State Department of Transport to study how the traffic on Route 9 between the traffic light at the entrance to Phelps Memorial Hospital to the intersection of Route 9 and Pearson Ave. may be "calmed", thereby mitigating the risk of serious accidents in this residential area. Charles Lankester of SHMA examined the records of the Sleepy Hollow Police Department which show that over the past 5 years there were 154 accidents, 37 of which resulted in injuries, over this stretch of Route 9. The great majority of these incidents impacted drivers who were attempting to turn west into the manors. Every intersection between the manors and Route 9 was affected. Moreover, the Police issued roughly 620 speeding tickets to drivers of vehicles traveling at speeds in excess of 50 mph in this 40 mph zone. In this context please be advised that the Police Chiefs of both Mount Pleasant and Briarcliff Manor reported to Mr. Lankester a "great improvement" and a "calming of traffic" over the stretch of highway north of Phelps Hospital into Ossining since the traffic pattern was modified about 18 months ago. We suggest you bring the resolution to the attention of Assemblyman Richard Brodsky and then jointly bring the resolution to the attention of William Gorton, Regional Director, NY State Department of Transportation, 4 Burnett Blvd., Poughkeepsie, NY 12603-2553. We expect DOT will request public hearings be held to discuss this proposal and both Associations will cooperate in this regard. Yours Sincerely, A James West, Vice President, Sleepy Hollow Manor Association (Signing on behalf of Charles Lankester, President Sleepy Hollow Manor Association and Richard Piano, President Phiiipse Manor Improvement Association) �Meeting Date: December 22, 2009 Resolution Number 12/222/09 Village of Sleepy Hollow Mayor and Board of Trustees Findings of Fact as to Significance of Environmental Impact Under SEQRA SEP SOUTHERN RIVERFRONT OVERLAY ZONING TEXT/MAPAMENDMENTS AND RIVERS EDGE RIVERFRONT DEVELOPMENT APPLICATION FOR SPECIAL PERMIT AND CONCEPT PLAN APPROVAL WHEREAS, as part of their on-going evaluation of the changing nature of the Village of Sleepy Hollow waterfront the Mayor and Board of Trustees of the Village of Sleepy Hollow (the "Village Board"), initiated the drafting of zoning text amendments that would provide the Village with greater flexibility relative to redevelopment of an identified area in the Village's existing RFRiverfront Development District (hereinafter the "Proposed Zoning Amendments"); and WHEREAS, the geographic location of the proposed amendments is that portion of the RF Riverfront Development District located along River Street and the west side of Hudson Street generally south of Ichabod's Landing and the property known as the South Parcel that is part of the former GM site (the "Subject Area"); and WHEREAS, on or about December 9, 2008, Sleepy Hudson Development, LLC, (Athe Applicant®) submitted a formal application for a Special PeiTnit and Riverfront Development Concept Plan Approval for the redevelopment of the existing Castle Oil facility (the "Project Site") located along River Street witliin the proposed area to be rezoned (together with the Proposed Zoning Amendments constituting the "Proposed Action"); and WHEREAS, on or about lanuaiy 6,2009, the Village Board did declare their intent to act as Lead Agency under the State Environmental Quality Review Act (SEQRA) and did refer the Proposed Action to other interested and involved agencies, including the Village's Planning Board and Waterfront Advisory Committee (WAC) and at the same time schedule a public hearing on the Proposed Action; and WHEREAS, on February 17, 2009 and February 24, 2009 the Village Board did hold concurrent public hearings on the Proposed Action in which the public was provided an opportunity to comment, the public hearings were adjourned to a future date; and WHEREAS, on Februaiy 19,2009, the Planning Board held their own public hearing on the �proposed zoning amendments, riverfront development concept plan and special permit application and provided their recommendations to the Village Board as per Section 62-53 of the Village Code; and WHEREAS, on or about March 5, 2009, the WAC did review the Proposed Action and provided the Village Board with a copy of their recommendations as to whether the Proposed Action was consistent with the Village's Local Waterfront Revitalization Program (LWRP); and WHEREAS, as part of tlie initial review and as a result of public comment, the Lead Agency did i-equest that the Applicant expand the foil EAF with additional infonnation related to traffic impacts, fiscal impacts, visual impacts and existing environmental conditions in order to ensure that a more comprehensive evaluation of possible environmental impacts of the Proposed Action were identified prior to a determination of significance as required under SEQRA; and WHEREAS, on November 2, 2009, the Applicant did submit to the Village additional information and analyses and on November 17,2009 the Applicant did meet widi the Lead Agency to discuss changes to the proposed plan including an overall reduction in building height as well as to solicit Lead Agency input with respect to the content and adequacy of the information presented to date; and WHEREAS, on November 24,2009, the Lead Agency held a duly noticed public hearing on the riverfront development concept plan and requested special pennits under the proposed zoning in which members of the public wishing to be heard were heard, said hearing was subsequently adjourned; and WHEREAS, on December 8, 2009, the Village Board, after no other involved agency expressed an interest, did declare themselves to be the Lead Agency so as to coordinate the environmental review under SEQRA; and WHEREAS, on December 8, 2009 the Lead Agency held a duly noticed public hearing in which notices were sent out to all propeity owners in the affected district on the proposed zoning text amendments and reopened the public hearing on the riverfront development concept plan and requested special permits under the proposed zoning in which members of the public wishing to be heard were heard; and WHEREAS, the Lead Agency in connection with its review and assessment of the Application has reviewed the following materials and these materials constitute the record; A. Riverfront Development Concept Plans dated October 30, 2009 unless otherwise noted prepared by Lessard Group, Inc. including: 1. Context Plan 2. Conceptual Site Plans �3. Basement Garage Plan 4. First Floor Plan, updated December 7, 2009 5. Typical Floor Plan 6. Conceptual Elevation 7. Conceptual Elevation D1. Angle View Comparison D2. Water Views Affected by Proposed Building D3. Tappan Zee Bridge View D4. View from Public Building D5. Presentational Cross Section, updated December 5, 2009 PI. P erspective View from Water Front P2. Perspective from Hudson Street SV~1 Topographic sui-vey of Castle North Terminals prepared by The Chazen Companies, dated 12/07/09 B. Full Environmental Assessment Form (EAF), revision date October 30, 2009 C. Preliminary Fiscal Analysis, updated December 3,2009 D. Analysis of Estimated Water Use E. Smumary Traffic Report prepared by Jolin Collins Engineers dated November 2,2009 with supplemental analysis dated November 20, 2009. F. Phase 1 Envn'omnental Analysis and Soil Analysis prepared by Huley & Aldrich and Lawler, Matusky & Shelby, respectively. G. Coastal Assessment Fonn revision date October 30, 2009 H. Correspondence received from members of the public as part of the public hearing and input process, I. Various review memos prepared by the Village's Planning Consultant dated November 18, 2008, December 30,2009, February 6,2009, March 6,2009, Febraaiy 20,2009, October 15, 2009 and November 20, 2009 and December 17, 2009 J. River Street streetscape concept with photo-documentation prepared by IQ Landscape Architecture. K. Naaative on anticipated construction related impacts. L. Oral presentations by the Applicant's traffic engineer, construction engineer, architect and �fiscal consultant in which the public was given an opportunity to ask questions; WHEREFORE, based on the foregoing record, the Lead Agency makes the following Findings of Fact: 1. The creation of the Southern Riverfront Development Overlay District provides the Village with additional flexibility relative to the redevelopment of smaller parcels while still maintaining control over the development and review process. 2. While the amendments potentially allow for an increase in density, the Village has evaluated the potential impacts of the approximately 70 additional units specifically related to traffic, fiscal, visual and utility issues. Existing land uses within the subject area include heavy truck and equipment operations which bring a unique intensity of use from a traffic standpoint. Analysis prepai'ed by Jolni Collins Engineers traffic consultants indicates that the anticipated traffic impacts related to the increase in density is generally equivalent to existing operations of the existing Castle Oil and Village DPW facilities. 3. The Applicant has prepai'ed a fiscal analysis outlining the potential fiscal impacts resulting from the proposed redevelopment of the Castle Oil Facility. That evaluation contemplates a net positive fiscal benefit to the Village and the School District. Given that there is a future potential for redevelopment of the Village owned properties in the event the existing DPW facility is relocated, it is anticipated that a similar redevelopment would yield similar results. It is important to note that Village-owned properties currently do not contribute tax revenue to the Village or the School District. 4. The Village has prepared preliminary visual analysis that has been supplemented by analysis prepared by the Applicant, including variations in building height and configurations. It is noted that any request to exceed the existing height limitation must be made in the form of a special pennit request to the Village Board. The Village Board will take into account the compatibility of the proposed increase in height with the surrounding residential neighborhood. As a matter of policy, properties that may be developed on the western side of Hudson Street will be limited in height to the requirements in the underlying RF District. 5. The Lead Agency has, based upon materials provided in the expanded fiill EAF and the consistency findings submitted by the WAC, evaluated the proposed action with reference to the stated policies of the LWRP and make the following findings with respect thereto: The Village Board does hereby make the following determinations with respect to the �following policy guidelines outlined in Chapter 59A-5.G. of the Village Code: (1) Revitalize the Deteriorated and Underutilized Waterfront Areas. The Subject Area consists of active industrial uses that, for many years, have been operated as an oil distribution facility and a Village public works facility. These are inconsistent uses with the changing riverfront residential and open space environment. The Proposed Action would create an opportunity for the development of a new residential community with enlianced waterfront access. At best, the industrial uses, if they remain, will continue to be an aesthetic detriment to this portion of the Village, The relatively limited area of the affected properties effectively precludes the feasibility of a more varied mix of uses as may be found on the larger General Motors site. The architectural style presented by the Applicaiit attempts to reflect Hudson River Valley architectural elements. The proposed esplanade would create a linkage with other public access points along the riverfront. (2) Retain and Promote Commercial and Recreational Water-dependent Use. The proposed riverfront development concept plan would include a proposed pier and waterfront esplanade along the shoreline linldng the existing trail in Tarrytown in the south to the existing trail sections along Horan's Landing and Ichabod's Landing in Sleepy Hollow and from River Street to the Esplanade. There would be a potential for accommodation of river excursion boats along the pier. Flood and erosion protection would also be afforded by the mutual agreement between the Applicant and the Village that the waterfront and pier have a minimum of serviceable life of at least 30 years prior to being made available to the public. The Applicant has further agreed to participate with the Village to help secure grant funding to make improvements to the Village's waterfront. (3) Strengthen the Economic Base of the Sleepy Hollow Smaller Harbor Areas by Encouraging Traditional Uses and Activities. The Proposed Action calls for the redevelopment of a currently incompatible industiial property with a residential component that complements the sun'ounding residential community. Data provided by the Applicant indicates that there would be a significant fiscal benefit to the Town and School District as a result of the Proposed Action. (4) Ensure That Development Occurs Where Adequate Public Infrastructure Is Available to Reduce Health and Pollution Hazards. The Lead Agency has considered the availability of public services and facilities to the Subject Area and found them adequate for the Proposed �Action. The Village has prepared an environmental impact statement for the proposed expansion of tlie Village=s water supply and will continue to coordinate with the Westchester County Depaitaient of Healtli regarding this issue. The Village has coordinated with prior applications regarding contributions on a projected per capita basis to be used towards necessary water system improvements. The traffic analyses submitted as part of the review of the Proposed Action indicates that there is available capacity on the local road network to accommodate the Proposed Action. (5) Expedite Local Permit Procedures and Use Performance Standards for Development Within the Waterfront Area. This policy is not applicable to the Proposed Action. (6) Protect Significant and Locally Important Fish and Wildlife Habitats from Human Disruption and Chemical Contamination. This Policy is relevant in that the Applicant has submitted documentation that there are existing site conditions that will require some clean up activity and coordination with NYS DEC. (7) Encourage and Expand Commercial Fishing Facilities to Promote Commercial and Recreational Fishing Opportunities. This policy is applicable to the Proposed Action given that the Rivers Edge riverfront development concept plan includes a pier and waterfront esplanade which would potentially promote recreational fishing opportunities. (8) Minimize Flooding and Erosion Hazards Through Nonstructural Means, Carefully Selected, Long-term Structural Measures and Appropriate Siting of Structures. It was noted that the existing waterfront and pier located along the western shoreline would be accepted by the Village as part of its waterfront open space system with a minimum of 30 years of serviceable life. The Village Board notes that the Applicant is committed to constructing or preserving shoreline structxires, but that the Village and the Applicant may apply for funding to be used for waterfront improvements which may offset all or a portion of the costs related to shoreline stmctures. (9) Safeguard Economic, Social and Environmental Interests in the Coastal Area When Major Actions Are Undertaken. The Village Board observed that due consideration to the indicated interests and safeguards had been given, as detailed in the Proposed Actions determination of significance. �(10) Maintaiu and Improve Public Access to the Shoreline and Water-related Recreational Facilities While Protecting the Environment At present, the Project Site is fenced and there is no public access to the Hudson River from the property. The Rivers Edge riverfront development concept plan includes a public esplanade along the River Vv^ith access to an existing pier leading to a deep water navigation channel The northern side of the esplanade will connect with the Horan=s Landing and the soutliem side will connect to the waterfront walkway in the adjacent Village of Tarrytown. A pedestrian connection is proposed coimecting the esplanade to River Street. The Village Board recognizes that the principle proposed use for the Project Site consists of a residential community and does not comprise waterdependent or water-enlianced recreational uses other than the esplanade and pier. The Board notes, however, that the upland portions are quite small and that the size constraints severely limit the feasibility of water-dependent or water-enhanced recreational uses. Moreover, the public esplanade and pier that will border the buildings on the western side of the site will provide a degree of recreational access to the riverfront. The primary purpose of the development is residential; anticipated demand for water-dependent and water-related activities can be adequately accommodated at the adjacent and much larger former General Motors development site. (11) Protect and Restore Historic and Archaeological Resources. This policy is not applicable to the Proposed Action. (12) Protect and Upgrade Scenic Resources The Proposed Action does not fall within any of the 23 viewsheds of local importance as identified in the LWRP. The Village Board does note that the Rivers Edge site has historically been unavailable to the public. Redevelopment of tJie Project Site will create a waterfront esplanade available to the public which will provide expansive views of the Hudson River and its environs. The Village Board notes that, based on comments raised as part of the environmental review, the proposed building height was reduced. It is noted tliat as other potential projects may be initiated as a result of the Proposed Zoning Amendment, they will be required to be reviewed under the SEQR procedures of the State of New York and those applicable Village regulations. �(13) Site and Construct Energy Facilities in a Manner in Which Will Be Compatible with the Environment and Contingent upon the Need for a Waterfront or Water Location. This policy is not applicable to the Proposed Action. (14) Protect Surface and Ground Waters from Direct and Indirect Discharge of Pollutants and from Overuse. Best management practices will be used to ensure the control of storm water runoff, to minimize the non-point discharge of excess nutrients, organics and eroded soils into coastal waters. These will be provided in greater detail as part of the site plan approval process. The Village Board recognizes that, as a matter of law, the Applicant will be required to comply with these matters, which are governed by state laws and, in the case of storm water runoff, by Department of Enviromnental Conservation regulation. (15) Perform dredging and dredge spoil in a manner protective of natural resources. This policy is not applicable to fee Proposed Action. (16) Handle and Dispose of Solid and Hazardous Wastes and Effluents in a Manner Which Will Not Adversely Affect the Environment Nor Expand Existing Landfills. The redevelopment of the Castle Oil distribution facility would eliminate the shipment and storage of petroleum materials to this portion of the wateilront. Clean up of the site would be consistent withNYS DEC standards. As noted by the Village Board, the Village at one time operated its own landfill (since closed), this action is not applicable to that condition. (17) Protect Air Quality This policy is not applicable to the Proposed Action. (18) Protect Freshwater Wetlands. This policy is not applicable to the Proposed Action; and NOW, THEREFORE, BE IT RESOLVED, that the Lead Agency having reviewed the requirements outlined under Section 617.7 of the State Environmental Quality Review Act hereby determines that the Proposed Action is an Unlisted Action under SEQRA and that an Environmental Impact Statement (EIS) will not be required for the Proposed Action. Specifically the Lead Agency has, on the basis of the entire record before it, determined that: �a. The Proposed Action will not result in a substantial adverse change in existing air quality, ground or surface water quality or quantity, or traffic or noise levels, and that the Proposed Action will not result in a substantial increase in the potential for erosion flooding or drainage. b. The Proposed Action does not contemplate the permanent removal or destruction of large quantities of vegetation or fauna and accordingly will not substantially interfere with the movement of any resident or migrating fish or wildlife species, impact a significant habitat area, have an adverse impact on a threatened or endangered species of animal or plant, or have any other significant adverse impact on natural resources. c. The Proposed Action will incorporate appropriate stormwater control measures and require that the Applicant coordinate with NYS DEC on clean up activities at the existing Castle Oil Facility and will not impair the environmental characteristics of a Critical Environmental Area. d. The Proposed Action as reviewed by the Village Board as noted above, is consistent with the Village=s LWRP as officially adopted, e. The Proposed Action will not result in a major change in the use of any energy resource but will be consistent with typical residential use. f. The Proposed Action will not create a hazard to human health; and g. The Proposed Action includes zoning text amendments which allow for some limited increase in intensity of use as part of a special permit request to the Village Board, However, the Village Board has evaluated the potential impacts resulting from the increase in density as part of the environmental record and the infrastructure exists to support that increase, and, be it further RESOLVED, that the Lead Agency finds that the requirements of 6NYCRR Part 617 have been met; and, be it further RESOLVED, that after due consideration, the Mayor and Village Board of Tmstees finds that this Project will achieve a balance between the protection of the enviromnent and the need to accommodate social, economic and other considerations; and, be it fiirther RESOLVED that in evaluating this application, the Village Board has relied on infonnation provided by the Applicant. If such information subsequently proves to be incomplete and/or inaccurate, the Village Board resei-ves the right in its discretion to modify this Findings Statement, and/or suspend and/or revoke the special permit. Moved: Tmstee Schi'oedel Seconded; Deputy Mayor Capossela Vote: 5-0 ��River Street; and, enhanced access from River Street to the Hudson River esplanade; and, be it further RESOLVED, that all requirements, conditions, and measures related to the project as established by the Mayor and Board of Trustees in the Findings Statement shall constitute express conditions of this approval, and shall constitute obligations of the Applicant thereunder and it's successors and assigns, and shall be enforceable by this Village Board or its designated representative; and be it further RESOLVED, that the Village Board does hereby approve the Riverfront Development Concept Plan dated October 30, 2009 prepared by the Lessard Group, Inc and requested Special Permits; an, be it further RESOLVED, that within 30 days from the approval of this Special Pennit, all application fees and escrow fee requirements must be fully satisfied; and, be it further RESOLVED, that certified copies of this resolution be transmitted to the Village of Sleepy Hollow Planning Board. Moved: Trustee Schi'oedel Mayor Wray Voted; Yes Seconded: CanAbsent: Trustee Stupel Vote: 6-0 �Meeting Date: 12/22/2009 Resolution Number: 12/223/09 Village of Sleepy Hollow Mayor and Board of Trustees Findings of Fact as to Significance of Environmental Impact Under SEQRA SRF SOUTHERN RIVERFRONT OVERLAY ZONING TEXT/MAPAMENDMENTS WHEREAS, as part of their on-going evaluation of the changing nature of the Village of Sleepy Hollow waterfront the Mayor and Board of Trustees of the Village of Sleepy Hollow (the "Village Board"), requested that a planning report be prepared for the lower portion of River Street and Hudson Street south of Beekman Avenue, a draft of the report was submitted to the Village in December 2007; and WHEREAS, the Village initiated the drafting of zoning text amendments that would provide the Village with greater flexibility relative to redevelopment of an identified area in the Village's existing RF-Riverfront Development District (hereinafter the ''Proposed Zoning Amendments") said Proposed Zoning Amendments were submitted to the Village in November 2008; and WHEREAS, the geographic location of the proposed amendments is that portion of the RF Riverfront Development District located along River Street and the west side of Hudson Street generally south of Ichabod's Landing and the property known as the South Parcel that is part of the former GM site (the "Subject Area"); and WHEREAS, on or about January 6,2009, the Village Board did declare their intent to act as Lead Agency under the State Environmental Quality Review Act (SEQRA) and did refer the Proposed Zoning Amendments to other interested and involved agencies, including the Village's Planning Board and Waterfront Advisory Committee (WAC) and at the same time schedule a public hearing on the Proposed Zoning Amendments; and WHEREAS, on February 17, 2009 and February 24,2009 the Village Board did hold concurrent public hearings on the Proposed Zoning Amendments in which the public was provided an opportunity to comment, the public hearings were adjourned to a future date; and WHEREAS, on February 19,2009, the Planning Board held their own public hearing on the proposed zoning amendments, riverfront development concept plan and special Page 1 of 2 �permit application and provided their recommendations to tlie Village Board as per Section 62-53 of the Village Code; and WHEREAS, on or about March 5,2009, the WAC did review the Proposed Action and provided the Village Board with a copy of their recommendations as to whether the proposed Action was consistent with the Village's Local Waterfront Revitalization Program (LWRP); and WHEREAS, as part of the initial review and as a result of public comment, the Village Board did request that an expanded full EAF with additional information related to traffic impacts, fiscal impacts, visual impacts and existing environmental conditions be prepared in order to ensure that a more comprehensive evaluation of possible environmental impacts of the Proposed Zoning Amendments could be identified prior to a determination of significance as required under SEQRA; and WHEREAS, on November 2, 2009, additional information and analyses was submitted to the Village and Village did meet on November 17, 2009 discuss the Proposed Zoning Amendments; and WHEREAS, on December 8, 2009 the Village Board held a duly noticed public hearing in which notices were sent out to all property owners in the affected district on the proposed zoning text amendments; and, NOW, THEREFORE, BE IT RESOLVED, that the Village Board hereby adopts Local Law #9, 2009, and amends the zoning map of the Village of Sleepy Hollow Code, respectively; and, be it further RESOLVED, that the Village Clerk Is hereby directed to enter the amendments into the minutes of this meeting and in the code book of the Village of Sleepy Hollow, and give due notice of the adoption of said amended Local Laws to the Secretary of the State of the State of New York. Moved: Deputy Mayor Capossela Absent; Trustee Stupel Seconded: Trustee Schroedel Page 2 of 2 Vote; 5-0 �Meeting Date: December 22, 2009 Resolution Number; 12/224/09 VILLAGE OF SLEEPY HOLLOW MAYOR AND BOARD OF TRUSTEES RESOLUTION OF SPECIAL PERMIT AND CONCEPT PLAN APPROVAL RIVERS EDGE RIVERFRONT DEVELOPMENT WHEREAS, an application to grant Special Permits and Riverfront Development Concept Plan Approval for the construction of a riverfront development project has been made by Sleepy Hudson Development, LLC, ("the Applicant") to the Mayor and Board of Trustees (the "Board") of the Village of Sleepy Hollow; and WHEREAS, the subject riverfront development is proposed to be located on ±1.4 acres of upland area also laiown and designated on the tax assessment map of the Village of Sleepy Hollow as Section 16, Block 01, Lots 3 and 3 .B (the "Site"); and WHEREAS, the proposed riverfront development project to be known as "Rivers Edge" consists of 32 one- bedroom, 24 two-bedroom and 4 three-bedroom condominium units, 122 offstreet parking spaces, and related accessory uses with approximately 15 percent of the site to be dedicated as permanent public access (hereinafter known as "the Project"); and WHEREAS, it is noted that the Board acted as Lead Agency under the State Environmental Quality Review Act (SEQRA) and did detennine in their adopted Findings of Fact as to Significance of Enviromnental Impact, that the proposed Project, with the mitigative measures identified therein, would not have a significant adverse environmental impact and that an environmental impact statement would not need to be prepared; and WHEREAS, the Board held a public hearing on the Special Pemiit and Concept Plan Approval application on February 10, February 24, November 24, December 8, 2009 and December 22 during which all persons interested in commenting on the special permit and riverfront development concept plan approval application were provided an opportunity to be heard; and WHEREAS, in support of the Special Permit and Concept Plan Approval Application the Applicant has submitted the following plans prepared by Lessard Group, Inc. and dated October 30, 2009 unless otherwise noted generally entitled: 1. Context Plan 2. Conceptual Site Plans 3. Basement Garage Plan 4. First Floor Plan, updated December 7, 2009 5. Typical Floor Plan 6. Conceptual Elevation 7. Conceptual Elevation Dl. Angle View Comparison �D2. Water Views Affected by Proposed Building D3. Tappan Zee Bridge View D4. View from Public Building D5. Presentational Cross Section, updated December 5, 2009 P1. Perspective View from Water Front P2. Perspective from Hudson Street SV-1 Topographic survey of Castle North Terminals prepared by The Chazen Companies, dated 12/07/09 WHEREAS, the Project is fully described in the application package, as revised and submitted to the Board and in all materials and in submissions in support thereof, and the application materials referenced above; and WHEREAS, the Applicant and the Village are desirous of increasing the water dependent and water related uses associated with the proposed application and have promoted the use of improvements to the Village's waterfront; and WHEREAS, the Village Board has recently created a new zoning overlay district the Southern Riverfront Development (SRF) District which encompasses tlie "Site" and which includes specific provisions for development incentives that may be requested as part of a special permit process; and WHEREAS, these development incentives include provisions for increases in density, building height and floor area ratio and the Applicant has prepared a plan which will require the issuance of special pennits related to all three development criteria listed above; WHEREAS, the Board has reviewed the application for Special Permit and Riverfront Development Concept Plan Approval in accordance with Section 62-5,2.H(2)(a-c) and (3) of the Zoning Code of the Village of Sleepy Hollow; and NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 62.5.2.H(2) (a-c) and (3) of the Zoning Code, the Board determines that the Project, as defined above and modified by the conditions enumerated in this Special Permit and Riverfront Development Concept Plan Approval, meets the following conditions and standards: a. The proposed riverfront development or special use project will fulfill all of the purposes of the Riverfront Development Zoning District and the Southern Riverfront Development Overlay District. The proposed Rivers Edge riverfront development revitalizes an underused portion of the Village's waterfront and replaces a presently incompatible land use. The proposed plan has been reviewed by the Village's Waterfront Advisory Committee (WAC) for consistency with the goals and objectives identified in the Village's Local Waterfront Revitalization Program (LWRP). The Village Board, after a comprehensive review and weighing all aspects of the proposed Project finds that the Project is consistent with the goals and objectives of the LWRP provided that the following has been addressed in response to the petition for special pennit relative �to relief from the SRF general development guidelines; • Conversion of an industrial site to a residential community with waterfi-ont esplanade; • Improvements to the existing pier such that the sei'viceable life is not less than 30 years prior to being made available to the public or as further outlined in paragraph 6 below; • Installation of street improvements along River Street; • Contribution to the Village towards waterfront improvements; Enlianced access from River Street to the Hudson River esplanade; and • • Enlianced streetscape along the southern portion of River Street proximate to the project site. The proposed plan incoiporates a distinct architectural treatment, including the use of natural looking materials distinctive roof elements and articulated facades, in keeping attempts to create an old Hudson River waterfront community image. As part of the overall design approach to the proposed building all mechanical equipment on the roof will be hidden. The Project will, as part of the detailed site plan approval process, incoiporate a stormwater management system and site design to address both stonnwater quality and quantity issues. The Applicant proposes to incorporate significant landscaping which would replace currently impervious surface area, thereby reducing potential stormwater runoff. The proposed Project has been modified so as to mitigate to the maximum extent practicable, the impacts on views to and from the site, specifically Hudson Street. Lastly, the proposed plan provides permanent public access to the Hudson River shoreline where there was none before. b. The proposed riverfront development or special use project meets the riverfront development design standards set forth in Section 62-5. IV, to the extent applicable at the special permit stage. Riverfront Development Design Standards A) Comprehensive design See discussion detailed in Item a. above, which reflects the purposes for which the RF and SRF Districts were established. B) Relationship to uses on surrounding public property The proposed Project incorporates a pedestrian connector from River Street to the public access proposed as part of the Project. The public access area along the Project Site would effectively connect witli the open space component in the neighboring Village of Tarrytown with the existing open �space along Horan's Landing, Ichabod's Landing and ultimately through the GM property to Kingsland Point Park. C) Relationship to the Hudson River The proposed Project has been designed to incorporate as much open space along the Hudson River waterfront as practicable. The waterfront open space ranges in dimension from 42' - 4' to 6r-0". Further, the project design allows for the retention of views along Hudson Street and from the neighboring Ichabod's Landing residential community. D) Provision of view corridors and protecting views to the Hudson River See response to (C) above. E) Architectural design standards The proposed Project attempts to create a compact, architecturally distinct residential community. The Applicant has surveyed the lower Hudson Valley area to incorporate distinct architectural components as part of a style that might have prevailed in a Hudson River community prior to 1900. The conceptual elevations prepared for the EAF, illustrate a series building incorporating distinctive design themes, and incorporating the use of a variety of building materials including brick, stone, wood and simulated wood. F) Energy conservation and efficiency The proposed Project will exceed the standards of the New York State Energy Code regarding the type of energy-efficient devices that would likely be utilized within the Project, including Energy Star insulation, furnaces, air conditioning equipment, appliances, select lighting fixtures, ventilation and duct work, doors, casement windows, and roof design. Prior to issuance of the certificate of occupancy for the 60"' residential unit, the Applicant shall apply for certification from the Green Building Council's LEED program and submit proof of application to the Village Architect. The Applicant shall provide a copy of the Certification Report, or if not issued, then such other documentation as provided by the Green Building Council to the Applicant, to the Village Architect within ten (10) days of its receipt. Failure to obtain certification shall not impact the approvals for this Project or prevent the issuance of Certificates of Occupancy or the release of any performance bonds. The Project will incorporate the use of water conserving fixtures. G) Landscaping, screening and buffering The Applicant has submitted conceptual landscape plans prepared by IQ Landscape Architects including those for River Street streetscape improvements which incorporate compatible materials for parking areas, walls, fences, curbs, lighting, benches, and landscape materials appropriate to the site conditions and for screening purposes, H) Lighting �Proposed lighting for internal access drives, walkways and other outdoor areas will be of a ballad style comparable to that used as part of the Ichabod's Landing development provided to promote safety and encourage pedestrian use. Lighting type and number of locations are subject to Planning Board review as part of site plan review, I) Signage A preliminary signage layout has been provided as part of the EAF submission. A detailed signage plan will be proposed and reviewed as part of site plan review. J) Vehicular circulation system and traffic access A site circulation system has been proposed and reviewed by the Village. Access along the internal site drives and public access system is consistent with sound engineering and planning standards. K) Public access The proposed plan provides for meaningful public access along the length of its waterfront. The public access includes an enlianced comiection to the Village's Horan's Landing Park as well as a connection to the riverfront open space in the neighboring Village of Tarrytown and a connection to River Street. The public access area is approximately 178 feet long, varies in width from ±42 feet along the southern boundary to ±61 feet along the western boundary, encompasses ±0.22 acres, and is proposed to be dedicated to the Village. L) Off-street parldng and loading The Applicant has provided for sufficient off-street parking to accommodate each of the residential units, and visitors. Stormwater runoff from parking areas will be treated in a stormwater quality' treatment system before discharge off-site. M) On-site utilities and services During the course of the previous project reviews between the Village, the Westchester County Department of Health (DOH) raised issues relative to the Village's existing water supply system. Previously, the County has stated, that they would not allow future realty subdivisions until the Village has a plan to address the future water supply issue. The Village has completed the environmental review process and plan preparation relative to upgrading and improving the water supply system to meet contemporary engineering standards. The Village has requested that the Applicant contribute its fair share of the cost of the improvements consistent with prior applications. All other utilities within the vicinity of the site are adequate to sei-ve the proposed project. Further, installation of proposed utilities will be placed underground to minimize aesthetic impacts. �The proposed Project will be designed to comply with the Village's Flood Damage Prevention Law. c. The proposed riverfront development or special-use project will be in harmony with the appropriate and orderly development of the Village's waterfront area. The proposed Project is the second Riverfront Development project to be constructed along Sleepy Hollow's waterfront. Cuixent land uses include the Hudson River to the west; Horan's Landing Park and beyond that Ichaod's Landing residential community to the north; the Village's DPW yard to the east; and the FeiTy Landing residential development in the neighboring Village of Tarrytown to the south. The proposed mixed-use project is consistent with the intent of the pennitted land uses in the RF and SRF Overlay Distiict and in line with suixounding land uses. As one of the pioneer developments along the Sleepy Hollow waterfront, the proposed project sets a distinctive standard with respect to architectural treatment, incorporates significant public access area, and provides for a continuous connection of open space from Ichabod's landing down to the Tarrytown Waterfront. d. The proposed riverfront development or special use project will not hinder or discourage the appropriate development and use of adjacent lands. The proposed project incorporates a conceptual landscape plan. The proposed plantings will address aesthetic, screening and buffering issues. Access to and from the site will not hinder or impact the sun'oundrng roadway network. e. The proposed land uses of the project will be in accordance with the approved riverfront development concept plan. The conceptual site plan prepared as part of the Application for Special Peraiit constitutes the riverfi-ont development concept plan for this portion of the Sleepy Hollow Waterfront. The concept plan has been prepared taking into account the requirements set forth in the Village's Zoning Code, LWRP and other applicable Village, and County State regulations. f The proposed riverfront development or special use project is consistent with the policies and purposes of the Village's Local Waterfront Revitalization Program. The Special PeiTnit and Concept Plan Approval requested by the Applicant has been reviewed by the Village's WAC for consistency with the goals and objectives outlined in tlie Village's LWRP and a copy of the consistency review has been provided to the Village Board. The Village Board, as required under Chapter 59-A5.H. of the Village Code has completed their own consistency determination and found tliat the proposed project, with modifications set forth herein, is consistent with the goals and policies of the Village's LWRP. The Village has determined that the Applicant provide for physical improvements consistent with similar waterfront �treatment already established in the Village. g. The proposed project is otherwise in the public interest. The proposed project, as detailed above, is only the second development along the waterfront and a redevelopment of a key waterfront location. The proposed use replaces a currently incompatible land use and provides for meaningful permanent public access to the Hudson River where none existed previously. The conceptual elevations depict an architecturally distinct design. Locally important view coiiidors and view sheds have been protected to the maximum extent practicable; and, be it further RESOLVED, that the Mayor and Board of Ti-ustees hereby approves the issuance of a special permit and grants Concept Plan Approval to the Applicant to constmct the Project conditioned upon the full compliance with the following: 4. 1. Construction of "the Project" as described and detailed in the special permit and concept plan approval application, the plans referred to herein, the EAF, and enumerated mitigative measures contained in the Environmental Findings of Fact and Detennination of Significance adopted by the Board of Trustees on December 22, 2009. 2. Substantial construction of "the Project"; such construction to commence within one year of the date of adoption of site plan approval and thereafter to be diligently pursued to completion witli the opportunity for extensions of the special permit and concept plan approval to be granted for good cause by the Mayor and Board of Tmstees at the request of the Applicant for periods of six months. 3. The Applicant shall submit a stonnwater management plan for review and obtain a sign off from the NYSDEC and such plans incorporate NYSDEC SPDES General Perniit for Stonnwater Discharges from Construction Activities, the New York Guidelines for Urban Erosion and Sediment Control or Erosion and Sediment Control Best Management Practices Manual Series (Westchester County), whichever is most stringent; The Applicant agrees to participate in the improvements to the Village's municipal water supply system by providing its proportionate share of the cost of upgrading the Village water supply system in the amount of $42,000. Said amount to be provided to the Village no later than 10 days after the issuance of the first building permit for its riverfront development project. 5. The Applicant shall provide a supplemental engineering opinion regarding the remaining sei-viceable life of the existing pier. This engineering opinion will be reviewed by the Village's consiflting engineer and any appropriate consultants the Village's engineer deems necessary, at the sole expense of the Applicant. If the pier �is determined to have a remaining serviceable life of 30 years or more, the Village may accept the pier along with the public waterfront access lands to be dedicated by the Applicant together with the posting of a two-year maintenance bond for all said improvements connected with the dedication of public improvements. The Applicant is responsible for the protection and maintenance of the waterfront during the constraction process. In the event the Village Engineer determines that there is less than 30 years of serviceable life remaining, the Village will permit the Applicant to either: (I) propose and implement methods that will extend the serviceable life of the pier to achieve the 30 year remaining serviceable life, all such methods to be subject to the review and approval of the Village Engineer; (2) establish a fund in an amount to be agreed upon between the Applicant and the Village to facilitate the implementation of such measures as may be necessary to achieve the 30 year serviceable life.; or, (3) provide to the Village other comparable means of waterfront access improvement or funding to satisfy this condition. A deteimination is to be made prior to the issuance of any building permits related to the project. 6. After installation of the proposed utility system, the Applicant has agreed to resurface that portion of River Street in the vicinity of the site frontage. The resurfacing would mitigate the potential construction related impacts associated with site construction and utility connections. 7. The Applicant and the Village will work cooperatively and in a timely maraier to apply to Westchester County and such other funding agencies as may potentially have funds available for the purpose of undertaking for that segment of Sleepy Hollow's waterfront improvement including those proposed at Rivers Edge. With respect to design of all public waterfront access plans and grant applications the applicant has committed to working cooperatively with tlie Village. Public improvements on the Rivers Edge site shall be completed, to the satisfaction of the Village of Sleepy Hollow, and offered for dedication no later than the issuance of the 20'^ certificate of occupancy or two years from the issuance of the first building permit, whichever is sooner, unless an extension is granted by the Mayor and Village Board for cause. .8. The Applicant and the Village may elect to work cooperatively to determine the feasibility of establishing public slips and/or moorings on the state-owned undemater lands located to the north and west of the Project Site; and, be it furtliei" RESOLVED, that as a matter of policy, the Village Board has considered the Applicant's request for additional height, additional FAR and additional density as contemplated and defined in the Village's SRF Southern Riverfront Development Overlay District, The Village Board has taken into account the development incentives offered by the Applicant including; conversion of an industrial site to a residential community with waterfront esplanade; provision of an existing pier being made available to the public as conditioned above; installation of street improvements along � 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-2009 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_2009-12-22 Subject The topic of the resource Board of Trustees Minutes-2009 Date A point or period of time associated with an event in the lifecycle of the resource 2009 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