https://sleepyhollow.localarchives.org/files/original/238b70d09e97505c7cd5a13b03cdbc1d.pdf e6e84ec2de5917ef3c45bf68b4f8c3cc PDF Text Text Waterfront Consistency Review Resolution Meeting Date: 10/08/2013 Resolution #: 10/147-A/2013 Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Adopting Waterfront Consistency Review Findings of Consistency Kendal on Hudson Continuing Care Retirement Community Application for Special Permit Amendment and Site Plan Amendment Approval October 8, 2013 W H E R E A S , on or about June 27, 2013, Kendal on Hudson, a New York not-for-profit corporation, and Phelps Community Corporation, a New York not-for-profit corporation (Jointly the "Applicant") submitted a formal application, including a completed Coastal Assessment Form, to the Mayor and Board of Trustees of the Village of Sleepy Hollow (the "Agency" as defined in Section 414 of the Village Code) for Project Renew, an amendment to a Special Permit approved by the Board of Trustees in 2001 and Site Plan approved by the Planning Board in 2002. The amended Site Plan and Special Permit will facilitate the implementation of Project Renew (the "Proposed Action"), the reconfiguration and renovation of the existing Continuing Care Retirement Community (CCRC) located at 1010 Kendal Way in the Village of Sleepy Hollow, which opened its doors in 2005; and W H E R E A S , the Board of Trustees, acting as the Waterfront Advisory Committee (WAC), has reviewed the above referenced application for consistency with the applicable Local Waterfront Revitalization Plan policies. N O W , THEREFORE, BE IT RESOLVED, that the Mayor and Board of Trustees does hereby adopt the attached Findings of Consistency summarized at the regular meeting of the Mayor and Board of Trustees on Octobers, 2013. Moved: Trustee Wompa Ferrandino & Associates Seconded: Trustee Stupel Inc. 1 Vote: 6-0 October 7, 2013 �Resolution of Special Permit A m e n d m e n t for the Kendal on Hudson Project Meeting Date: 10/08/2013 Resolution #: 10/147-B/20013 Village of Sleepy Hollow Mayor and Board of Trustees Resolution of Special Permit Amendment Approval Kendal on Hudson Continuing Care Retirement Community Application for Special Permit Amendment and Site Plan Amendment Approval October 8, 2013 WHEREAS, on or about June 27, 2013, Kendal on Hudson, a New York not-for-profit corporation, and Phelps Community Corporation, a New York not-for-profit corporation (jointly the "Applicant") submitted a formal application for Project Renew, to include an amendment to a Special Permit approved by the Board of Trustees in 2001 and Site Plan approved by the Planning Board in 2002. The amended Site Plan and Special Permit will facilitate the implementation of Project Renew (the "Proposed Action") for the existing CCRC facility, which opened its doors in 2005; and W H E R E A S , the CCRC is located at 1010 Kendal Way in the Village of Sleepy Hollow on a leased parcel of land on the western portion of the grounds of the Phelps Memorial Hospital Center, also known and designated on the tax assessment map of the Town of Mount Pleasant as Section 110.11, Block 1, Lots 1, 2 and 3 and on the tax assessment map of the Village of Sleepy Hollow as Section 11, Block 1, Lots 3A,' 3A.1 and 3.A1M (the "Project Site"); and WHEREAS, the CCRC is located in the H-Hospital District, and the CCRC use is subject to review and Special Permit Approval by the Sleepy Hollow Board of Trustees (the Village Board); and W H E R E A S , the Proposed Action involves interior reconfiguration of the existing facility to reduce the number of skilled nursing units by 16 and increase the number of assisted living units by 22, facilitating the creating of a Memory Support section for residents with Alzheimer's or other memory loss condition; and WHEREAS, the Proposed Action also involves exterior site and building changes including the addition of the following features: • An expanded vestibule and porte-cochere at the main entry • A one-story, 1,100 square foot library space • A door and exterior ramp on the east face of the Health Center • A vestibule at the existing west entry to the Health Center • A fenced garden and sitting area adjoining the Memory Support section • Two doors and walkways within the existing enclosed Skilled Nursing area garden • A woodland trail connecting the existing Kendal walkway system to Birch Close; and WHEREAS, it is noted that the Village Board acted as Lead Agency under the State Environmental Quality Review Act (SEQRA) and did determine in the Determination of Non-Significance dated October 8, 2013, that the Proposed Action, 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 Ferrandino & Associates Inc. 6 October 8, 2013 �Resolution of Special Permit A m e n d m e n t for the Kendal on Hudson Project W H E R E A S , it is noted that the Village Board acted as the Waterfront Advisory Committee and did determine in the Waterfront Findings of Consistency dated October 8, 2013 that the Proposed Action is consistent with the goals and policies of the Local Waterfront Revitalization Plan; and W H E R E A S , the Board held a public hearing on the Special Permit Amendment Application on August 13, 2013 and continued on September 10, 2013, during which all persons interested in commenting on the Special Permit Amendment application were provided an opportunity to be heard; and W H E R E A S , the application for Special Permit Amendment Approval consists of a Special Permit Application package and a Statement of Principal Points; and A. Project Renew Concept Plans including: SP-1.1 SP-1.2 SP-2.1 SP-2.2 SP-3.0 SP-4.1 SP-4.2 SP-5.0 Al.l A1.2 A1.3 A3.0 A3.1 DTS CLG CPA DS Title Cover Sheet Site Geometry Plan Site Geometry Plan Site Grading, Drainage & Erosion Control Plan Site Grading, Drainage & Erosion Control Plan Conceptual Landscape Plan Site & Utility Details Site & Utility Details Erosion and Sediment Control Details ALTA Survey Partial Topographic Survey Terrace Level Plan (Elev. 63.56) Clearwater Level Plan (Elev. 76.46) Main Level Plan (Elev. 89.38) Building Elevations Building Elevations Scale — 20' 1"= 20' 1" = 20' 1" = 20' 1" = 20' As Shown As Shown As Shown 1" = 80' 1" = 20' 1/16" = I'-O" 1/16" = I'-O" 1/16" = l-'O" 1/32" = I'-O" 1/32" = I'-O" 1" = Last Revised 08/20/13 08/20/13 08/20/13 08/20/13 08/20/13 06/27/13 06/27/13 06/27/13 06/27/13 12/18/07 04/25/13 06/27/13 06/27/13 06/27/13 06/27/13 06/27/13 Source DTS DTS DTS DTS DTS DTS DTS DTS CLG CPA DS DS DS DS DS Divney Tung Schwalbe, LLP Contractor's Line & Grade Control Point Associates, Inc. Dimella Shaffer B. Full Environmental Assessment Form (EAF) completed June 27, 2013. C. Trip Generation Comparison prepared by TRC Engineers dated June 11, 2013. D. Coastal Assessment Form completed June 27, 2013. E. Correspondence received from members of the public as part of the public hearing and input process. Ferrandino & Associates Inc. 6 October 8, 2013 �Resolution of Special Permit A m e n d m e n t for the Kendal on Hudson Project F. Various review memoranda prepared by the Village's Planning Consultant dated July 24, 2013, August 28, 2013, September 10, 2013, September 19, 2013 and October 1, 2013; and by the Village's Consulting Engineer dated September 10, 2013. G. Oral presentations by the Village's Planning Consultant and Engineer and/or the Applicant's Consultants on August 13, 2013, September 10, 2013, September 24, 2013, and October 1, 2013; and W H E R E A S , the project is fully described in the application package, as sent to the Board and in all materials and in submissions in support thereof, and the application materials referenced above; and W H E R E A S , the Village Board has reviewed the application for Special Permit Amendment Approval in accordance with Section 450-57 (G.1-6) of the Zoning Code of the Village of Sleepy Hollow. N O W THEREFORE, BE IT RESOLVED, that pursuant to Section 450-57 (G. 1-6) of the Zoning Code, the Village Board determines that the Proposed Action, as defined above and modified by the conditions enumerated in this Special Permit Amendment, meets the following conditions and standards: The amended CCRC use shall be of such character, intensity, size and location that in general it will be in harmony with the orderly development of the neighborhood in which the property is situated and will not be detrimental to the orderly development of adjacent districts (Section 450-57, G. 1). • The existing character and intensity of Kendal on Hudson will not be altered by the Proposed Action. Basic, height, bulk and square footage of proposed changes, including the 1,000 square foot single story library, is compatible with the existing Kendal on Hudson buildings. The Project Site is separated from the adjacent Sleepy Hollow Manor neighborhood by a 7+/acre buffer area that will continue to function as a vegetated buffer. Existing grassy berms and deciduous and evergreen trees that screen views of Kendal from James House, Sleepy Hollow and the neighboring Rockwood Hall portion of the Rockefeller State Hall will be maintained. Traffic involved in or conducted in connection with the CCRC, the size of the site in relation to it, and the location of the site with respect to the type, arrangement and capacity of streets giving access to it, are such that it will be in harmony with the appropriate and orderly development of the neighborhood in which it is located (Section 450-57, (G. 2). • The Proposed Action will not significantly change traffic levels at the existing facility. CCRC facilities are typically low generators of vehicular activity given the general age of the resident population, the provision of onsite activities and services and the availability of vans to transport residents. Employee shift changes and deliveries are currently scheduled as practicable to occur outside the peak highway hours, and this practice will continue with the Proposed Action. At present, less than 20 percent of staff shift changes occur during A M or PM peak hours. As the number of support staff will not change, and the six-unit increase will be absorbed in the Memory Support section whose occupants will not be driving, traffic is anticipated to remain at levels consistent with the existing CCRC configuration. With the proposed modifications, the Kendal on Hudson facility is projected to consist of a net total of 294 units, or six more than currently exists at the CCRC. A Trip Generation Comparison Study prepared by TRC Engineers, Inc. dated June 11, 2013 included traffic counts collected over Ferrandino & Associates Inc. 6 October 8, 2013 �Resolution of Special Permit A m e n d m e n t for the Kendal on Hudson Project the course of a week. Those vehicular counts included a Sunday, which exhibited the highest peak hour traffic (106 total trips), probably due to higher levels of visitors on weekends. That count volume is comparable to the Tuesday peak hour of 101 trips counted during the afternoon. Based on the TRC data, the average peak hour volumes and calculated trip rates are as follows: • A M Peak: 69 trips - 0.24 trips/unit • Midday: 80 trips - 0.28 trips/unit • PM Peak: 93 trips - 0.32 trips/unit When applied to the proposed unit total (294), the resulting trips are computed: • A M Peak: 71 trips • Midday: 82 trips • PM Peak: 94 trips/unit As shown above, no more than 1 or 2 additional trips may result with the increase in unit count. Accordingly, the increase in traffic levels from the Proposed Action is insignificant, and continues to be in harmony with the appropriate and orderly development of the neighborhood in which it is located. The proposed woodland trail will result in the creation and maintenance, by the Applicant, of a 700 +/- foot long dirt trail to connect the south boundary of Kendal/Phelps at Birch Close to the existing Kendal walkway system and promenade. The location of the end of the trail at the existing loop road and walkway system will be such as to provide an optimal level of pedestrian safety for residents of both Kendal and the adjacent neighborhoods. The trail will provide pedestrian access between the Sleepy Hollow Manor neighborhood and the Rockwood Hall section of the Rockefeller State Park Reserve only during daylight hours. As such, the proposed use has the potential to benefit the adjacent neighborhood and districts, and will be in harmony with the appropriate and orderly development of the H-Hospital District in which it is located. The Applicant shall permit members of the public to utilize the trail and shall keep the gates unlocked at the north and south openings of the trail from 7 a.m. to sunset daily. The Applicant may, at its sole discretion, close the trail during the aforementioned hours in the event of inclement weather, when the Applicant believes such circumstances may create an unsafe condition. The Applicant agrees to consider the public's desire to use the trail prior to making any decision to close the trail and will use its best efforts to keep it open. The location, nature and height of building, walls and fences, and the nature and extent of the landscaping and screening on the site, as existing or proposed, are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings (Section 450-57, G. 3). • The majority of the improvements at the Project Site will occur within the existing buildings, and the proposed library is a single-story building which will not be visible from offsite. As this new construction is low-scale, and the majority of new updates are interior, the changes to the existing CCRC will not be visible from offsite. Ferrandino & Associates Inc. 6 October 8, 2013 �Resolution of Special Permit A m e n d m e n t for the Kendal on Hudson Project Existing walls and fences are limited to retaining walls along the eastern and western Kendal loop road and garden walls and fences within the landscaped court yards and grounds. The retaining walls are screened from offsite view by existing vegetation and landscaping. The proposed woodland trail is a component of the Proposed Action, connecting the south boundary of Kendal/Phelps at Birch Ciose to the existing Kendal wall<way system and promenade to provide pedestrian access during daylight hours between the Sleepy Hollow Manor neighborhood and the Rockwood Hall section of the Rockefeller State Park Preserve. Gates would be installed at the existing boundary fence at Birch Close and at the south side of the Kendal loop road. The proposed gates will be of a similar height to the fence. Based on the extent of existing landscape elements as well as a proposed trail accessible to local residents, the Proposed Action will not hinder or discourage the appropriate development and use of adjacent land and buildings. A comprehensive landscape plan approved in 2001 involved the planting of at least 370 deciduous and evergreen trees to address aesthetic, screening, reforestation and slope stabilization measures. Ornamental trees, shrubs and ground covers were also planted around the Kendal on Hudson buildings, and will continue to be maintained. Operations in connection with the proposed CCRC will not be objectionable to nearby properties by reason of noise, fumes, vibrations, lighting or flashing of lights, than would be the operations of any permitted use in the H-Hospital District not requiring a Special Permit (Section 450-57, G. 4). • Operations in connection with the Proposed Action will not be more objectionable to nearby properties by reason of noise, fumes, vibrations, lighting or flashing of lights, than would be the operations of the existing use and of any permitted use in the H-Hospital District not requiring a Special Permit. The Proposed Action will not change operations of Kendal on Hudson pertaining to noise, fumes, vibrations, lighting or flashing of lights. In addition, overall noise and activity levels would continue to be and consistent with or less than of the Hospital use, pertaining equipment. With the proposed changes, the CCRC would continue activities such as the number of emergency ambulance calls and the hospital would have that may involve sirens or flashing lights. consistent with existing use to the use of maintenance to have less hospital-related nighttime emergencies than Parking areas will be continue to be of adequate size for the CCRC use, properly located and suitably screened from any adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety ((Section 450-57, G. 5). • There will be no changes to the existing Kendal on Hudson parking areas with The Proposed Action. Currently, 75 percent of the CCRC parking spaces are located within parking structures and suitably screened from adjoining residential uses. As the number of support staff will not change, and the six-unit increase will be absorbed in the Memory Support section whose occupants will not be driving, the demand for parking is anticipated to remain at levels consistent with the existing CCRC configuration. There will be no changes to the entrance and exit drives with the exception of a proposed porte-cochere, which will provide cover for dropoffs and pick-ups at the main Kendal building entry. Ferrandino & Associates Inc. 6 October 8, 2013 �Resolution of Special Permit A m e n d m e n t for the Kendal on Hudson Project The CCRC use shall be so located on the lot involved that it shall not impair the use and enjoyment of adjacent residential properties (Section 450-57, G. 6). • There will be no change to the location of the Kendal on Hudson CCRC on its lot. The building additions and site work in the Proposed Action will not be visible from offsite and will not impair the use or enjoyment of adjacent residential properties. N O W , THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and Board of Trustees hereby approves the issuance of a Special Permit Amendment to the Applicant to implement Project Renew improvements conditioned upon full compliance with the following: 1. The Applicant's applying for and obtaining Site Plan Approval for the amended Site Plan from the Planning Board of the Village of Sleepy Hollow, said review and approval: a. To be in general conformance with Site Plans SP 1.1-5.0 made a part of this Special Permit Amendment and conceptually approved herein as part of this Special Permit resolution; b. To be in general conformance with architectural drawings A 1.1 - A 3.1 as conceptually approved herein and subject to final review and approval by the Planning Board. 2. Construction of the Proposed Action as described and detailed in the Special Permit amendment application, SEQR documentation and enumerated mitigation measures as may be contained in the Resolution of Site Plan Amendment Approval of the Planning Board. 3. Substantial construction of the Proposed Action commencing within one year of the date of adoption of the amended Site Plan and thereafter being diligently pursued to completion with the opportunity for extensions of the Special Permit to be granted for good cause by the Mayor and Board of Trustees at the request of the Applicant for a period of six months. 4. The Applicant providing an updated landscape maintenance plan to the Planning Board to incorporate the maintenance of the proposed woodland trail for the safety of residents of Kendal on Hudson and local residents. The Applicant's posting of a landscape maintenance and performance bond to ensure the maintenance of the proposed woodland trail. The landscape maintenance bond amount shall be set by the Planning Board as part of Site Plan Approval, with a term of a minimum of two years for general site landscaping. The Applicant has agreed to make the woodland trail connecting the south boundary of Kendal/Phelps at Birch Close to the existing Kendal walkway system open to the public during daytime hours, it being specifically understood that the Applicant will have the sole responsibility to improve and maintain the trail, to open and close the gates at both ends of the trail and to regulate its use or close it as circumstances dictate, in the interests of safety and risk management. Gates and informational signs at both ends of the trail will be posted and maintained by Kendal as will strategically placed directional signs at various points along the trail. The trail may be closed by Kendal at its discretion due to on-going or predicted inclement weather conditions and during times when maintenance work is scheduled. When making a determination when the trail will be closed due to inclement weather, the Applicant will assess not only safety and risk management but also the desire and interest of members of the public to utilize the trail for activities such as hiking, cross-country skiing and similar activities. Access through the south woodland shall be limited to pedestrians (no bicycles or motorized vehicles are permitted) between 7 A M and sunset, Ferrandino & Associates Inc. 6 October 8, 2013 �Resolution of Special Permit A m e n d m e n t for the Kendal on Hudson Project weather permitting. The alignment of the trail shall be in accordance with the latest Project Renew Plans as referenced above. 5. The Applicant continuing to adjust shift changes for the Kendal on Hudson CCRC facility to the greatest extent practicable so that the employee traffic patterns fall, to the greatest extent practicable, outside of the peak highway hours, which generally occur between 7:45 to 8:45 A M and 4:45 to 5:45 PM, as discussed in the current Long Form EAF and traffic study that was conducted in June 2013 by the Applicant's traffic engineer and reviewed by the Village's Planning consultant traffic engineer. 6. The Applicant submitting, as part of the Site Plan review process, a stormwater management plan for review and sign off by the Village Engineer and such plans shall incorporate the New York Guidelines for Urban Erosion and Sediment Control or the Erosion and Sediment Control Best Management Practices Manual Series (Westchester County), whichever is most stringent; and be it further RESOLVED, that all requirements, conditions and mitigation measures related to the Proposed Action as established by the Mayor and Village Board of Trustees in the Determination of Non-Significance and Waterfront Findings of Consistency Resolution shall constitute express conditions of this approval, and shall constitute obligations of the Applicant thereunder, and shall be enforceable by this Village Board or its designated representative; and be it further RESOLVED, that certified copies of this resolution be transmitted to the Village of Sleepy Hollow Planning Board. Moved: Deputy Mayor Lobato-Church Ferrandino & Associates Inc. Seconded: Trustee Wompa 6 Vote: 6-0 October 8, 2013 �SEQR Determination of Non-Significance Meeting Date: 10/08/2013 Resolution #: 10/147-C/2013 Village of Sleepy Hollow Mayor and Board of Trustees Negative Declaration - SEQR Determination of Non-Significance Kendal on Hudson Continuing Care Retirement Community Application for Special Permit Amendment and Site Plan Amendment Approval October 8, 2013 WHEREAS, on or about June 27, 2013, Kendal on Hudson, a New York not-for-profit corporation, and Phelps Community Corporation, a New York not-for-profit corporation (jointly the "Applicant") submitted a formal application for Project Renew, an amendment to a Special Permit approved by the Board of Trustees in 2001 and Site Plan approved by the Planning Board in 2002. The amended Site Plan and Special Permit will facilitate the implementation of Project Renew (the "Proposed Action") for the existing CCRC facility, which opened its doors in 2005; and WHEREAS, the CCRC is located at 1010 Kendal Way in the Village of Sleepy Hollow on a leased parcel of land on the western portion of the grounds of the Phelps Memorial Hospital Center ("the Hospital"), also known and designated on the tax assessment map of the Town of Mount Pleasant as Section 110.11, Block 1, Lots 1, 2 and 3 and on the tax assessment map of the Village of Sleepy Hollow as Section 11, Block 1, Lots 3A, 3A.1 and 3.A1M (the "Site); and WHEREAS, on or about June 27, 2013, the Village Board of Trustees did declare their intent to act as Lead Agency for the coordinated review of an Unlisted Action under the State Environmental Quality Review Act (SEQRA) and did schedule a public hearing on the Proposed Action; and WHEREAS, on August 13, 2013 and September 10, 2013 the Village Board of Trustees did hold a public hearing on the Proposed Action during which all persons interested in commenting on the Special Permit Amendment application were provided an opportunity to be heard; and WHEREAS, the application for Special Permit Amendment Approval consists of a Special Permit Application package and a Statement of Principal Points; 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: Ferrandino & Associates Inc. 1 October 7,2013 �SEQR Determination of Non-Significance A. Project Renew Concept Plans including: Title SP-1.1 SP-1.2 SP-2.1 SP-2.2 SP-3.0 SP-4.1 SP-4.2 SP-5.0 Al.l A1.2 A1.3 A3.0 A3.1 DTS CLG CPA DS Cover Sheet Site Geometry Plan Site Geometry Plan Site Grading, Drainage & Erosion Control Plan Site Grading, Drainage & Erosion Control Plan Conceptual Landscape Plan Site & Utility Details Site & Utility Details Erosion and Sediment Control Details ALTA Survey Partial Topographic Survey Terrace Level Plan (Elev. 63.56) Clearwater Level Plan (Elev. 76.46) Main Level Plan (Elev. 89.38) Building Elevations Building Elevations Scale 1" = 20' 1"= 20' 1" = 20' Last Revised 08/20/13 08/20/13 08/20/13 08/20/13 DTS DTS DTS 1" = 20' 08/20/13 DTS 1" = 20' As Shown As Shown As Shown 1" = 80' 1" = 20' 1/16" = 1'.-0" 1/16" = 1'--0" 1/16" = l-'O" 1/32" = 1'-•0" 1/32" = 1'-•0" 06/27/13 06/27/13 06/27/13 06/27/13 12/18/07 04/25/13 06/27/13 06/27/13 06/27/13 06/27/13 06/27/13 DTS DTS DTS DTS CLG CPA DS DS DS DS DS — Sout Divney Tung Schwalbe, LLP Contractor's Line & Grade Control Point Associates, Inc. Dimella Shaffer B. Full Environmental Assessment Form (EAF) completed June 27, 2013. C. Trip Generation Comparison prepared by TRC Engineers dated June 11, 2013. D. Coastal Assessment Form completed June 27, 2013. E. Correspondence received from members of the public as part of the public hearing and input process. F. Various review memoranda prepared by the Village's Planning Consultant dated July 24, 2013, August 28, 2013, September 10, 2013 and September 19, 2013; and by the Village's Consulting Engineer dated September 10, 2013. G. Oral presentations by the Village's Planning Consultant and Engineer and/or the Applicant's Consultants on August 13, 2013, September 10, 2013, September 19, 2013, September 24 2013 and October 1, 2013; and Ferrandino & Associates Inc. 1 October 7,2013 �SEQR Determination of Non-Significance 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 would not have a significant adverse environmental impact and that an Environmental Impact Statement (EIS) will not be required. 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 damage. 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. d. There will be no impairment of the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. e. The Proposed Action will not create a hazard to human health; 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 Trustees finds that this Project will achieve a balance between the protection of the environment and the need to accommodate social, economic and other considerations and constitutes sound public policy. Moved: Deputy Mayor Lobato-Church Ferrandino & Associates Inc. Seconded: Trustee Wompa 1 Vote: 6-0 October 7,2013 �Waterfront Consistency Review Resolution Village of Sleepy Hollow Mayor and Board of Trustees Findings of Consistency Kendal on Hudson Continuing Care Retirement Community Application for Special Permit Amendment and Site Plan Amendment Approval October 8, 2013 The Mayor and Board of Trustees of the Village of Sleepy Hollow, hereinafter referred to as the Agency, has reviewed a proposal submitted by Kendal on Hudson, a New York not-for-profit corporation, and Phelps Community Corporation, a New York not-for-profit corporation (jointly the "Applicant") to grant an amendment to a Special Permit approved in 2001 and Site Plan approved by the Planning Board in 2002 for the construction of a Continuing Care Retirement Community (CCRC) on the grounds of the Phelps Memorial Hospital Center (the "Project Site"). The amendment will facilitate the implementation of Project Renew (the "Proposed Action") for the existing CCRC facility, which opened its doors in 2005. This Finding of Consistency is prepared as per the requirements of Section 414, the Waterfront Consistency Review of the Village Code of the Village of Sleepy Hollow. The Agency has been coordinating the environmental review under the State Environmental Quality Review Act (SEQRA) and has adopted a Determination of Non-Significance. As required under Section 414 - 5.A, the Agency must make a determination that the Proposed Action is consistent with the Local Waterfront Revitalization Plan (LWRP) policy standards and conditions as outlined in subsection 414-5 A - G. In the subject case, the Proposed Action is defined as a Site Plan Amendment and Special Permit Amendment. The Project The CCRC is located at 1010 Kendal Way in the Village of Sleepy Hollow on a leased parcel of land on the western portion of the grounds of the Phelps Memorial Hospital Center ("the Hospital") also known and designated on the tax assessment map of the Town of Mount Pleasant as Section 110.11, Block 1, Lots 1, 2 and 3 and on the tax assessment map of the Village of Sleepy Hollow as Section 11, Block 1, Lots 3A, 3A.1 and 3.A1M (the "site). Project Renew (the "Project") involves interior reconfiguration of the existing facility to reduce the number of skilled nursing units by 16 and increase the number of assisted living units by 22, facilitating the creating of a Memory Support section for residents with Alzheimer's or other memory loss conditions. The Project also involves exterior site and building changes including the addition of the following features: • An expanded vestibule and porte-cochere at the main entry • A one-story, 1,100 square foot library space • A door and exterior ramp on the east face of the Health Center • A vestibule at the existing west entry to the Health Center • A fenced garden and sitting area adjoining the Memory Support section • Two doors and walkways within the existing enclosed Skilled Nursing area garden • A woodland trail connecting the existing Kendal walkway system to Birch Close Ferrandino & Associates Inc. 1 O c t o b e r 7, 2013 �Waterfront Consistency Review Consistency Findings The Agency, in reaching its conclusion as to consistency of the Project with the Village's Local Waterfront Revitalization Plan (LWRP), considered Policies 5, 5A, 7D, 7E, 17, 17A, 18, 18A, IBB, 18C, 19, 19D, 21D, 25, 25A, 25B, 32A, 33 and 37 of the LWRP as being specifically applicable to the Project. After careful review of the applicable LWRP policies, the Agency finds that the Project, as a whole, is consistent with the purposes and policies of the LWRP. Policy 5 - Encourage the location of development in areas where public services and facilities essential to such development are adequate. Both municipal water and sewer utilities are available to service the Project. The Proposed Action will create a net increase of six units, which will have little or no impact on existing municipal water and sewer utilities. Based on these considerations, the Agency concludes that the Project is consistent with Policy 5. Policy 5Ä-Discourage the development of uses which, by reason of their demand for new community services and facilities or their imposition of burdens on existing services and facilities, would require disproportionate public cost in comparison to public benefits. The proposed reconfigured CCRC will continue to provide its own private ambulance service, have twenty-four hour security, maintain its own grounds and roads, including the proposed woodland trail, and will provide for its own private collection of trash and recyclable materials. The reconfigured CCRC, with a net increase of 6 units, will not add any school age children and, thus, should not burden the local school district. The building height of the proposed singlestory library, as presently proposed, is well within the capacity of the Village fire department's existing fire equipment and personnel. The new and renovated buildings will be constructed with sprinklers, as required by the mandatory sprinkler law in the Village, and the type of use contemplated by the Project does not carry an enhanced risk of fire. The CCRC type of use is believed to be inherently a low-crime use, and Project Renew is not anticipated to create an additional burden on Village Police. Accordingly, the Agency finds that the Project will not overwhelm or significantly burden existing services and facilities and will provide economic and social benefits to the Village, making the Proposed Action consistent with Policy 5a. Policy 7D - The Hudson River immediately adjacent and within 1000 feet of the Village's shoreline shall be protected, preserved and where practical, restored so as to maintain its viability as a locally significant habitat. The Agency has given consideration to the applicability of Policy 7D and concludes that, because the western edge of the Project Site is separated from the Hudson River by the MetroNorth railroad tracks. Project Renew will not impact the Hudson River and its shoreline, as well as its viability as a locally significant habitat. However, the Agency recognizes that development of the property does have the potential to produce contaminated stormwater runoff that could adversely impact the River. The Applicant has developed a Stormwater Management Update, Attachment A of the Long Form Environmental Assessment Form (EAF), and would continue to operate the two hydrodynamic separators and two water quality basins installed and maintained from the 2001 Stormwater Management Report. The existing stormwater management system Ferrandino & Associates Inc. 2 October 7, 2013 �Waterfront Consistency Review Resolution has adequate capacity to treat the 0.08 acre increase in impervious area on the site. The Stormwater Management Update addresses the net increase of 3,530 square feet of impervious cover resulting from the Proposed Action with the addition of a proposed rainwater garden that will provide additional treatment of the stormwater runoff from approximately 2,178 square feet of impervious cover. Accordingly, the Agency finds that if the approved Stormwater Management Update is implemented by the Applicant, the Project is consistent with the Policy 7D. Policy 7E - The lands in State ownership associated with the Rockefeller State Park preserve and Old Croton. The Proposed Action will not be located on property owned by the State of New York. However, the proposed 700' woodland trail will connect Sleepy Hollow neighborhoods adjacent to a previously inaccessible area of the Site to woodland trails in Rockefeller State park via the Kendal walkway system. The Agency finds, as the Proposed Action has a positive impact on lands in State ownership, that the Proposed Action is consistent with Policy 7E. Policy 17- Non-structural measures to minimize damage to natural resources and property from flooding and erosion shall be used whenever possible. Policy 17A- Protect the steep slopes and hillsides throughout the Village through the use of nonstructural measures, when practical, to prevent erosion, especially through retention, or planting of vegetative covers. The Proposed Action will involve construction on steep slopes, identified in the Long Form Environmental Assessment Form as a slope with an incline of 15 percent or greater. The Proposed Action incorporates mitigation measures with the use of erosion control fabric and plantings to prevent erosion on sleep slopes. The Agency finds, as the proposed Site Plan includes acceptable measures to prevent erosion on steep slopes, that the Proposed Action is consistent with Policy 17 and 17A. Policy 18- To safeguard the vital economic, social and environmental interests of the state and of its citizens, proposed major actions in the coastal area must give full consideration to those interests, and to the safeguards which the State has established to protect valuable coastal resource areas. Policy 18A- Protect the vital economic, social, cultural and environmental interests of the Village in the evaluation of any proposal for new roads, road widening or infrastructure. Policy ISB- To protect the social interests of the Village, proposed actions must give full consideration to the impacts of such actions on community and cultural resources of the Village and the quality of life such resources support. Policy 18C- To protect the environmental interests of the Village, proposed actions must give full consideration to the impacts of such actions on valuable and sensitive natural resources of the Village. Ferrandino & Associates Inc. 1 O c t o b e r 7, 2013 �Waterfront Consistency Review Resolution An environmental analysis prepared as part of the Project's Long Environmental Assessment Form indicates that there are no sensitive natural resources located within the Project Site. The Agency finds that, while there will be some environmental impacts related to the Proposed Action, including the loss of existing ornamental trees in the area of the library and portcochere, it will not result in a significant loss of vegetation on the Project Site. In addition, new vegetation will be planted, creating an increase of vegetation on the Project Site. The Proposed Action will benefit the Sleepy Hollow community, as the proposed 700' woodland trail will provide positive social and environmental benefits to residents of Kendal and the Village by providing access to previously inaccessible woodlands. The woodland trail will connect residents in the area adjacent to Birch Close with the trail systems located within Rockefeller State Park Preserve via the Kendal walkway system. The Sleepy Hollow and Kendal community will also benefit from having specialized memory loss facilities as a result of Project Renew. Fiscally, Kendal on Hudson and the Village have made fee agreements that will have positive financial impacts on the Village of Sleepy Hollow. The Agency finds no adverse impact on the economic, social and environmental interest of the State and its citizens with respect to valuable coastal resources, no failure to protect economic, social, cultural and environmental interests of the Village as to road construction relating to the Project, no failure to provide adequate consideration of impact on the Village's community and cultural resources and no failure to consider and protect environmental interests and natural resources of the Village. The Agency finds that the Proposed Action is consistent with Policies 18, 18A, 18B and 18C. Policy 19- Protect^ maintain, and increase the ieveis and types of access to pubiic water-related recreation resources and facilities so that these resources and facilities may be fully utilized by all the public in accordance with reasonably anticipated public recreation needs and the protection of historic and natural resources. In providing such access, priority shall be given to public beaches, boating facilities, fishing areas, and waterfront parks. Policy 19D- Encourage, develop, protect and maintain appropriate public access to and linkages between Kingsiand Point Park, Devries Field, Philipsburg Manor, Douglas Park, Sleepy Hollow Cemetery, the Old Croton Aqueduct, the Rockefeller State Park Preserve Lands, and along the Hudson River and Riverside Drive north of the mouth of the Pocantico River. Policy 21D- Pursue establishment of a system of public access recreational trail linkages from and between the Tarrytown/Sleepy Hollow Village boundary, the Village's riverfront park property on River Street, Kingsiand Point Park, Devries Field, Philipsburg Manor, Douglas Park, Sleepy Hollow Cemetery, the Old Croton Aqueduct, the Rockefeller State Park Preserve Lands, and along the Hudson River and Riverside Drive north of the mouth of the Pocantico River. The Local Waterfront general public's access scenic overlooks and (Explanation of Policies Revitalization Program strongly encourages efforts to "increase the to the waterfront such as pedestrian and bicycle trails, picnic areas, passive recreation areas that take advantage of coastal scenery 21, 21A, 218, 21C and 21D), and make the linkage of publicly owned Ferrandino & Associates Inc. 1 O c t o b e r 7, 2013 �Waterfront Consistency Review Resolution land "with major points of natural and cultural interest and recreation along the Hudson River" a "major goal of the Village" (Explanation of Policies 19, 19A, 19B, 19C, 19D, 19E and 19F). The Agency recognizes that access to the eastern portion of the Phelps campus is currently limited, due to the private ownership of the land by Phelps and the relative inaccessibility of the Project Site. Moreover, there is no physical river access from the Project Site because of the intervening Metro-North railroad tracks. At present, the grounds of Kendal on Hudson do provide limited visual access to the Hudson River. The proposed woodland trail will connect residents in the area adjacent to Birch Close with Kendal on Hudson walkways and trail systems located within Rockefeller State Preserve. Because the Kendal on Hudson promenade overlooking the Hudson River and connecting paths to Rockwood Hall are open to the public, and the proposed woodland trail will also be open to the public, the increase in connectivity will provide enhanced public visual access to the Hudson River and western shoreline views. The Agency finds that these features would significantly increase public access to the Hudson River scenic views and would thus be consistent with Policies 19, 19D and 21D of the LWRP. Policy 25- Protect, restore or enhance natural and man-made resources which are not identified as being of statewide significance, but which contribute to the overall scenic quality of the coastal area. As a component of the Proposed Action, a woodland trail will be created that will connect Sleepy Hollow neighborhoods adjacent to Birch Close with scenic river views accessible from Kendal, The Agency concludes that the Proposed Action is consistent with Policy 25. Policy 25A- Protect or enhance views of the Hudson River, the Hudson River Valley, and the opposite shore from the immediate riverfront as viewed from publicly owned properties. Policy 25B- Protect or enhance the following identified scenic resources as areas and viewsheds of local scenic significance (the nine identified scenic landscape subunits include Phelps Memorial Hospital and Sleepy Hollow Manor). The Project Site is located within the Hudson River Shoreline Critical Environmental Area. The view of the River from the Phelps site is not one of the twenty-three (23) viewsheds of local importance identified in the Local Waterfront Revitalization Plan. However, there are two scenic landscape submits identified under Policy 258 that are potentially impacted by the project- the Sleepy Hollow Manor and the Phelps Memorial Hospital scenic landscape subunits. The Agency concludes that Project Renew involves reconfiguring of existing buildings and the addition of a single-story building, which will not adversely impact either of the subunits. The Proposed Action is consistent with Policies 25A and 25B. Policy 32A- Future development in the Village shall be required to use state of the art low flow water fixtures and water saving devices to reduce the demand for water and reduce the flow to the sewage treatment facilities. Where practicable, the guidelines in the New York State Municipal Model water Conservation Plan should be followed. Ferrandino & Associates Inc. 1 October 7, 2013 �Waterfront Consistency Review Resolution The Applicant has committed to incorporating low-flow water fixtures and other water saving devices as part of the Proposed Action, to promote water conservation. The Agency concludes that the project is consistent with Policy 32A. Policy 33- Best Management practices will be used to ensure the control of stormwater runoff and combined sewer overflows draining into coastal waters. The Applicant has implemented stormwater management measures proposed in the 2001 Stormwater Management Report, including two hydrodynamic separators and two water quality basins. The increase in impervious cover will not increase significantly enough to impact the stormwater management system. Additionally, the Applicant has proposed a rain garden that will provide additional treatment of the stormwater runoff from 2,178 square feet of the total increase of permeable cover by 3,530 square feet as a result of Project Renew. Accordingly, the Agency concludes that the Proposed Action is consistent with Policy 33. Policy 37- Best Management Practices will be utilized to minimize the non-point discharge of excess nutrients^ organics and eroded soils into coastal waters. The Applicant has implemented mitigation measures agreed upon in 2001, including the use of dry swales, anti-vortex manholes and the two water quality detention basins referred to in the discussion of Policy 33. In addition. Best Management Practices for erosion and sedimentation control will be utilized during the construction process. The Agency recognizes that any construction, and the resulting creation of addition impervious surfaces, is likely to create some increase in non-point discharge. However, the Agency finds that the existing stormwater quality system, implemented from the 2001 Stormwater Management Report, as well as the proposed rain garden that will provide additional treatment of the stormwater runoff from 2,178 square feet of the total 3,530 square foot increase of permeable cover, would minimize such discharge into coastal waters, making the Proposed Action consistent with Policy 37. Summary The Agency has given detailed consideration to the foregoing Local Waterfront Revitalization Policies as they relate to the Proposal. Upon due consideration of the record before it, the Agency finds that, on balance, the Proposed Action is consistent with the goals and policies of the Local Waterfront Revitalization Program. Ferrandino & Associates Inc. 1 O c t o b e r 7, 2013 � 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-2013 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_2013-10-08_RES-10-147A Subject The topic of the resource Board of Trustees Minutes-2013 Date A point or period of time associated with an event in the lifecycle of the resource 2013 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