https://sleepyhollow.localarchives.org/files/original/4f4669edaddf3c174fc9223fe8d68ef6.pdf f68d0ceed5eade11e1901b93398b6f20 PDF Text Text Meeting Date: 09/12/2017 Resolution #: 09/98/2017 VILLAGE OF SLEEPY HOLLOW BOARD OF TRUSTEES CONSISTENCY FINDINGS EAST PARCEL REDEVELOPMENT WHEREAS, on or about March 29, 2017 a formal submission for a Riverfront Development Concept Plan (the "Concept Plan") and Special Permit approval was submitted by the Sleepy Hollow Local Development Corporation (the "LDC") to the Mayor and Board of Trustees of the Village of Sleepy Hollow, New York ("the Village Board") with related approvals from other Village agencies for the construction of a new Department of Public Works (the "DPW") facility, a bus repair garage, an overpass connecting the East Parcel of the former General Motors property with other GM Property known as the West Parcel (now known as Edge-on-Hudson), recreation facilities, and parking resource (the "Project") on approximately 28 acres also known and designed on the tax assessment map of the Village of Sleepy Hollow as parcels Section 115.10 Block 1 Lot 2 and Section 115.11 Block 1 Lot 85 ("the Project Site"); and WHEREAS, the LDC was duly designated to act as Lead Agency under the State Environmental Quality Review Act ("SEQRA") for the review of the Project; and WHEREAS, the Project must also be reviewed under Chapter 414, the Waterfront Consistency Review Law, of the Sleepy Hollow Village Code, and the Waterfront Advisory Committee (the "WAC") is the duly authorized body to provide recommendations with respect to the consistency of the Proposed Action with the goals and policies of the Village's Local Waterfront Re vital ization Program (the "LWRP"); and WHEREAS, the LDC did prepare and deem as complete a Draft Environmental Impact Statement (the "DEIS") which included an initial evaluation of the Proposed Action against the goals and policies outlined in the Village's LWRP; and WHEREAS, on November 30, 2016, December 6, 2016, December 19, 2016, January 4, 2017, January 12, 2017, January 19, 2017, and January 23, 2017, the WAC considered the DEIS for the Project and the WAC reviewed each of the applicable goals and policies of the Village's LWRP and individual members of the WAC did provide comments which were responded to during the course of the environmental review, and did cause there to be modifications made to preliminary East Parcel Concept Plan; and WHEREAS, at its meeting on March 24, 2017 and March 29, 2017, the WAC considered the Final Environmental Impact Statement (the "FEIS") for a revised Concept Plan; and �WHEREAS, the WAC did deliberate and find the Proposed Action as described in the FEIS to be consistent with the Village's LWRP; and WHEREAS, on April 24, 2017, the LDC did make a consistency determination that the proposed East Parcel Redevelopment project after review against the LWRP Policies as outlined in Chapter 414-5.G.(1)-(18), and upon due consideration of the consistency recommendation provided by the WAC, did find that the Project would be consistent with the policies and purposes of the LWRP and will advance many of them and did distribute a copy of the consistency determination to the Village Board; and WHEREAS, on June 22, 2017, the LDC did submit to the Village Board a letter that clarified that the circulation of the FEIS and supporting documentation was submitted in satisfaction of Chapter 450-15 of the Village Code with respect to the required special permit and Concept Plan approval; and WHEREAS, on June 27, 2017 the Board of Trustees by resolution did schedule a date for a public hearing on the special permit and Concept Plan and did refer the relevant documents to the Village's Planning Board for review and recommendation, the Village's WAC for a consistency review, and other pertinent interested and involved agencies as required by NYS General Municipal Law and the Westchester County Administrative Code; and WHEREAS, on July 18, 2017 the Village Board did open a public hearing and received comments fi-om the public and said public hearing was kept open until August 8, 2017, on which date the public hearing was duly closed; and WHEREAS, the WAC met August 11, 2017 to review and discuss comments submitted to the Village after formal acceptance of the FEIS document and as part of the special permit public hearing process and did provide the Village Board with documentation that the East Parcel Concept Plan was still in keeping and consistent with the goals and objectives of die Village's LWRP; and WHEREAS, the Village Board did meet on August 15, 2017 to review all correspondence submitted on the FEIS, special permit public hearing and referral documents fi-om the Planning Board and WAC; and WHEREAS, the Village Board, acting as an Involved Agency for the environmental review did determine in a confirmatory Environmental Findings Statement adopted September 12, 2017, that the proposed Concept Plan, with the mitigation measures identified therein, would minimize or avoid adverse environmental effects to the maximum extent practicable; and WHEREAS, the Village enacted Local Law No. 7 in 1997 that established a process to �review proposed actions against the Village's adopted LWRP and that Chapter 414-5.G.(1)-(18) identifies eighteen specific policy items for a reviewing agency's consideration; and NOW, THEREFORE, BE IT RESOLVED, that the Village Board does hereby make the following determinations with respect to the following policy guidelines outlined in Chapter 414-5.G. of the Village Code: Waterfront Consistency Review Item 1: Revitalize the deteriorated and underutilized waterfront area (Policies 1, lA, IB, IC, ID, IE, IF, IG, IH, II, IJ and IK). The Village Board finds that Policies 1 A, IB, IC, ID, IE, IF, IG, II and IK are not applicable to the Proposed Action. With respect to the remaining Policies I, IH and 1 J, the Village Board finds the Proposed Action is consistent for the following reasons; • While not directly located on a waterfront, there is a spatial and hydrologic relationship with the nearby Pocantico River located in DeVries Park which is owned by the Village. The Proposed Action seeks to redevelop the currently vacant and deteriorating former parking lot of the GM facility into contemporary facilities for a new Village DPW yard, community center with active and passive recreation amenities. In addition, the Proposed Action includes new connections, both vehicular and pedestrian, to the surrounding neighborhoods and land uses including Beekman Avenue, Continental Street, Continental Street Extension, access to Beekman Avenue, Bamhart Park, DeVries Park and Philipsburg Manor Restoration. • The East Parcel Concept Plan provides for a comprehensively designed and laid out collection of municipal and public recreations uses and support facilities which expands opportunities for the residents of Sleepy Hollow and the public in general. • The Proposed Action will incorporate the requirements of New York State Department of Environmental Protection's (the "NYS DEC) Site Management Plan (the "SMP) which is provided to help protect the safety and welfare of the public using the amenities proposed on the East Parcel. The Village Board finds that the Proposed Action will revitalize the deteriorated and underused area of the Project Site and thus is consistent with Waterfi-ont Consistency Review Policy Standard and Condition (1) of Section 414-5.G of the Code. Waterfront Consistency Review Item 2: Retain and promote commercial and recreational water-dependent use (Policies 2 and 2A). The Village Board finds that Policies 2 and 2A are not applicable to the Proposed Action as the East Parcel does not have direct access to coastal waters or waterways. It is noted that there is a close relationship between the East Parcel which is owned by the LDC and DeVries Park which is owned by the Village. The East Parcel Concept Plan provides for a multi-use trail connection �and includes an expanded buffer area along the northern portion of the East Parcel adjacent to DeVries Park which helps to integrate both parcels. To the extent that future planning for DeVries Park improvements is contemplated, the LDC has indicated that it would be a willing participant to further coordinate the inter-face between both properties. Waterfront Consistency Review Item 3: Strengthen the economic base of Sleepy Hollow smaller harbor areas by encouraging traditional uses and activities (LWRP Policy 4). The LWRP notes that this policy is not applicable to Sleepy Hollow as the Village's waterfront does not contain a small harbor. Waterfront Consistency Review Item 4: Ensure that development occurs where adequate public infrastructure is available to reduce health and pollution hazards (Policies 5, 5A and 5B). The Village Board finds that Policies 5A, and 5B are not applicable to the Proposed Action. The Village Board finds that the Proposed Action is consistent with Policy 5 for the following: • In assessing the Project and its location with respect to impacts to the municipal infrastructure, the LDC and the Village Board have evaluated the adequacy of the following: street and local highway systems; water supply; sewage disposal; energy needs; stormwater runoff; and, community facilities (e.g., DPW and recreation). • The LDC required an evaluation of the local roadway network including the analysis of four different intersections and circulation into and out of the Project Site. The traffic impact analysis utilized conservative methodology and identified specific traffic mitigation measures to address identified impacts. The Concept Plan includes foot paths and bike paths, connecting the Project Site to DeVries Park in the north and Bamhart Park in the south. Additional connections are made via a new Continental Street Extension Overpass to the West Parcel, a proposed at-grade extension of Clinton Street from Beekman Avenue, and new sidewalks along improved portions of Continental Street. The interior streets will have sidewalks to promote pedestrian circulation. • The Village is in the process of concluding improvements related to the expansion of its reservoir supply capacity. Therefore, there will be sufficient water storage capacity to service the Project without impairing the water supply to the remainder of the Village. • Westchester County Department of Environmental Facilities has indicated that they have sufficient capacity in the sewage treatment system to accommodate the Project. Similarly the other utility service providers - electric, gas, cable and telephone - have indicated an ability to accommodate the Project. • To the extent practicable Energy Star criteria would be incorporated as part of the �proposed construction. • The proposed stormwater management plan has been designed to accommodate a variety of storm events and significantly reduces stormwater leaving the site under the built condition. The Project has also been designed to comply with the Village's Flood Damage Prevention Law by siting the DPW facility at an elevation that it will not be impacted by potential flooding or the potential effects of climate change. The Village Board finds that the Proposed Action is located where adequate public infrastructure is available to reduce health and pollution hazards and thus is consistent with the Waterfront Consistency Review Standard and Condition (4) of Chapter 414-5.G of the Code. Waterfront Consistency Review Item 5: Expedite local permit procedures and use performance standards for development within the waterfront area (LWRP Policy 6). The LDC and the Village Board have coordinated the review efforts with those of other Village entities such as the WAC and Planning Board, as well as outside agencies like NYSDEC. The Village Board finds that the Project has been designed and approved in a manner which will allow for the expediting of future local permit procedures and thus is consistent with Waterfront Consistency Review Standard and Condition (5) of Section 59A-5.G of the Code. Waterfront Consistency Review Policy 6: Protect significant and locally important fish and wildlife habitats from human disruption and chemical contamination. (LWRP Policies 7, 7A, 7B, 7C, 8, 8A and SB). This policy, to a limited extent, is relevant in that the paved areas currently at the northern portion of the Project Site will be converted to landscaping and will provide some potential for the introduction on new wildlife habitat, although limited. The LDC will be required to implement, a stormwater management plan that, under New York State law must be adequate to minimize any impacts resulting from stormwater runoff. The reduction of the current impervious surfaces at the Project Site will reduce runoff and would tend to protect fish and wildlife resources. As a long-used and now abandoned paved industrial property, the Project Site contains no upland wildlife habitats of any significance. Any use of pesticides will be properly managed and must confirm to the applicable NYS DEC SMP. The Village Board finds that the Project protects significant and locally important fish and wildlife habitats from human disruption and chemical contamination and thus is consistent with Waterfront Consistency Review Standard and Condition (6) of Chapter 414-5.G of the Code. Waterfront Consistency Review Item 7: Encourage and expand commercial fishing facilities to promote commercial and recreational fishing opportunities (Policies 9 and 10). There are no commercial or recreational fishing opportunities associated with the Proposed Action. �Waterfront Consistency Review Item 8: Minimize flooding and erosion hazards through nonstructural means, carefully selected, long-term structural measures and appropriate siting of structures (Policies U , 13,13A, 13B, 14,15,16,16A, 16B, 17 and 17A). The Village Board notes that the elevations and locations of structures address LWRP Policy 11, 14 and 17 relative to minimizing damage to property and effects caused by flooding and erosion. The Project has been designed to comply with the Village's Flood Damage Prevention Law. Based on the analysis prepared as part of the EIS, there is virtually no change to flood elevations pre and post-development. The Project's incorporation of stringent soil erosion and sediment control measures and its erosion and sediment control plan includes a variety of mechanisms to attain those goals including: sediment traps, silt fence barriers and straw bale barriers. A vegetative cover is proposed in the form of a comprehensive landscaping and restoration program for the balance of the property consistent with the East Parcel SMP. The Village Board finds that the Project will employ both non-structural and structural measures to minimize flooding and erosion hazards and the Concept Plan contains setbacks and buffers as part of the siting layout to achieve the same and thus is consistent with Waterfront Consistency Review Standard and Condition 8 of Chapter 414-5.G of the Code. Waterfront Consistency Review Item 9: Safeguard economic, social and environmental interests in the coastal area when major actions arc undertaken (Policies 18,18A, 18B and 18C). The WAC made a recommendation that there was no inconsistency between the Project and LWRP Policy referenced above, noting the benefits of improvements to the Continental Street corridor identified in the EIS and that the provision of land area for public use by the Village were protective of the Village's social and environmental interests and quality of life. The Village Board finds the Project will safeguard economic, social and environmental interests along the Hudson River coastal area and thus is consistent with Waterfront Consistency Review Standard and Condition (9) of Chapter 414-5.G of the Code. Waterfront Consistency Review Item 10: Maintain and improve public access to the shoreline and the water-related recreational facilities while protecting the environment (Policies 1, lA, IB, ID, IE IF, IH, 2, 2A, 4, 9, 19, 19A, 19B, 19C, 19D, 19E, 19F, 20, 20A, 20B, 21,21A, 21B, 21C, 22 and 22A). As noted, the East Parcel itself contains no shoreline, however, it does abut DeVries Park which contains the Pocantico River. The East Parcel Concept Plan enhances access through the integration of a multi-use trail system that links the East Parcel with DeVries Park. Connections extend beyond the East Parcel to the south to Bamhart Park and Beekman Avenue and to the east along Continental Street effectively providing linkages between these neighborhoods and DeVries Park. �The impact of the Project in creating linkage trails as contemplated by LWRP Policy 21D has been noted. The Village Board finds that the Project improves public access to existing public recreation areas in the Village through the provision multi-use trails and the expansion of the Village's existing sidewalk netv^^ork with adequate environmental protection measures and thus is consistent with Waterfront Consistency Review Standard and Condition (10) of Chapter 414-5.G of the Code. Waterfront Consistency Review Item 11: Protect and Restore historic and archeological resources (Policies 23,23A, 23B and 23C). A Stage lA Literature Review and Sensitivity Analysis was prepared as part of the Lighthouse Landing EIS, the recommendation of which noted that no further investigation of prehistoric archeological potential or historic potential is recommended. The New York State Office of Parks, Recreation and Historic Preservation (the "NYSOPRHP") concurred with those recommendations. The Village Board fiarther notes that correspondence received from the NYSOPRHP that the Project would have no impact on historic properties in or eligible for inclusion on the National Register of Historic Places. The Village Board finds that the Project would not adversely affect the protection and restoration of historic and archeological resources and thus is consistent with Waterfront Consistency Review Standard and Condition (11) of Chapter 414-5.G of the Code. Waterfront Consistency Review Item 12: Protect and upgrade scenic resources (Policies 25, 25A and 25B). As part of the East Parcel EIS, the LDC included information to evaluate potential impacts on the relevant viewsheds identified in the LWRP, namely from Philipsburg Manor Upper Mills (view #2) towards the East Parcel, from DeVries Field Park (view #7) south towards the East Parcel, from Elm Street (view #22) west towards the Hudson River and Bamhart Park (view #23) north towards the Hudson River. The LDC prepared several exhibits that depicted aerial elevations, building and site cross sections, representative examples of proposed buildings, and conceptual landscape planting plans. These exhibits provide an understanding of the Proposed Action and its relation to the surrounding neighborhood. As noted in the East Parcel EIS, the Proposed Action would not be visible fi-om view #2 given the extent of the existing vegetation within the Historic Hudson Valley (the "HHV") property and the introduction of additional landscaping along the perimeter of the East Parcel and the HHV property. The East Parcel Concept Plan includes an expanded vegetated buffer area of approximately 2.7 acres along the northern portion of the East Parcel adjacent to DeVries Park. View #7 would include the landscape buffer and the proposed Continental Street overpass in the background. The Elm Street view (view #22) is at a location that is well above and south of the proposed location of the new DPW facility. Given topographic elevation change, even with the addition of the approximately 12 feet of fill proposed for the DPW and accounting for the proposed building height, there would remain a view out over the East Parcel to the Hudson �River. View #23 from Bamhart Park looks north across the East Parcel and has the same topographic condition as View #22 such that the proposed improvements on the East Parcel sit well below and will not impede views to the north to the Hudson River. While the WAC expressed concerns v^th respect to the layout of the proposed buildings and their relationship to other on-site uses, these are beyond the scope of the identified policies. Layout and configuration of buildings will be further refined as part of site plan approval before the Planning Board. The Village Board concludes that the Project upgrades the scenic foreground and provides, widi future protection, scenic views of the Hudson River and thus is consistent with Waterfi-ont Consistency Review Standard and Condition (12) of Chapter 414-5.G of the Code. Waterfront Consistency Review Item 13: Site and construct energy facilities in a manner which will be compatible with the environment and contingent upon the need for a waterfront or water location (Policies 27,30,31,33,35,35A, 35B, 35C, 35D, 35E, 36,37,38, 39,39A, 40,40A, 41 A, 42,43 and 44). The Village Board finds Waterixont Consistency Review Standard and Condition 13 is not applicable as the Project does not contemplate an energy facility. Waterfront Consistency Review Item 14: Protect surface water and groundwaters from direct and indirect discharge of pollutants and from overuse (Policies 30, 31, 33, 35, 35A, 35B, 35C, 35D, 35E, 36,37,38,39A, 40,40A, 41, 42, 43 and 44). The LDC will be legally required to use best management practices for stormwater management, use low flow fixtures and abide by air quality standards. With respect to the policy discussion regarding stormwater runoff, the Project will result in a reduction of approximately 58 percent of the total site areas impervious surface area with green spaces containing vegetation. Sewage will go to the County publicly owned treatment works. No usage of the Proposed Site is proposed that would generate other pollutants likely to run-off into surface waters or infiltrate ground waters or use unusually large quantities of water. The Village Board finds that the Project will protect surface and groundwaters from direct and indirect discharge of pollutants and from overuse and thus is consistent with Waterfront Consistency Review Standard and Condition (14) of Chapter 414-5.G of the Code. Waterfront Consistency Review Item 15: Perform dredging and dredge spoil in a manner protective of natural resources (Policies 15,35,35A, 35B, 35C, 35D and 35E). The Project itself does not include dredging. Thus the Village Board finds that Waterfront Consistency Review Standard and Condition (15) is not applicable. Waterfront Consistency Review Item 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 (Policies 34,34A, 35,35A, 35B, 35C, 35D, 35E, 36,39 and 39A). �The Project will generate solid wastes and sewage typical of community recreation resources. These will be managed using the lawful and compliant services and facilities available in the Village. The Village Board finds that the Project will not result in the generation of solid and hazardous wastes and effluents in a quantity or of a type which will adversely affect the environment or require the expansion of existing landfills and thus is consistent with Waterfront Consistency Review Standard and Condition (16) of Chapter 414-5.G of the Code. Waterfront Consistency Review Item 17: Protect air quality (Policies 41,41A, 42 and 43). The Village Board notes that, as a matter of law, the Village will be legally required to comply with LWRP policies of 41 and 41A as they relate to the National Ambient Air Quality (NAAQ) standards. No industrial air emissions will result from the Project, and any air emissions will be in an amount and of the type typically arising from a public facility, which will not have a material adverse effect on ambient air quality. The Village Board finds that the Project will protect air quality and thus is consistent with Waterfront Consistency Review Standard and Condition (17) of Chapter 414-5.G of the Code. Waterfront Consistency Review Item 18: Protect freshwater wetlands (Policy 44) The WAC noted that the Pocantico River constitutes a tidal wetlands/watercourse and that the replacement of paved areas adjacent to the River with green open space would be beneficial for the area. While the Project includes disturbance of low-quality fi-eshwater wetlands, mitigation has been proposed that replaces the disturbed wetlands at a minimum of 2:1. In addition, a comprehensive stormwater management plan has been proposed which will enhance stormwater quality over existing conditions. The Village Board finds that the Project will protect freshwater wetlands and thus is consistent with Waterfi-ont Consistency Review Standard and Condition (18) of Chapter 414-5.G of the Code; and be it further RESOLVED, on the basis of its consideration of the consistency of the proposed East Parcel Redevelopment project with the foregoing LWRP Policies as outlined in Chapter 414-5.0.(1)(18), and upon due consideration of the consistency recommendation provided by the WAC, the Village Board finds that the Project will be consistent with the policies and purposes of the LWRP and will advance many of them. Moved: Trustee Gebler Seconded: Trustee Gonzalez Vote: Unanimous � 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-2017 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_2017-09-12_RES-98 Subject The topic of the resource Board of Trustees Minutes-2017 Date A point or period of time associated with an event in the lifecycle of the resource 2017 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