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                  <text>RESOLUTION AUTHORIZING ADDITIONAL PAYMENT OF FEES FOR EAST
PARCEL FILL UNDER LICENSE AGREEMENT WITH SLEEPY HOLLOW LOCAL
DEVELOPMENT CORPORATION
WHEREAS, the Village of Sleepy Hollow fVillage") has approved various applications
submitted by Lighthouse Landing Ventures, LLC and its predecessors in interest in the former
General Motors North Tarrytown Assembly Plant property ("GM Property") for redevelopment
of the GM Property; and

WHEREAS, as part of the application processes and previous decisions and
agreements between the Village and Lighthouse Landing Ventures, LLC and its predecessors in
interest, a portion of the GM Property known as the "East Parcel" (Section 115.11, Block 1,
Lot 2 and Section 115.11, Block 1, Lot 85, generally the terminus of Continental Street) was to
be conveyed to the Village or its designee; and
WHEREAS, the Village, as part of the environmental review for redevelopment of the
GM Property, considered at a conceptual level redevelopment of the East Parcel for certain
community related uses such as a new Department of Public Works facility, bus repair garage,
overpass connecting the East Parcel with other GM Property known as the West Parcel and
now known as Edge-on-Hudson, recreation facilities, and parking resources; and
WHEREAS, the Village established the Sleepy Hollow Local Development Corporation
CLDC") as a not-for-profit local development corporation with purposes and powers that
include constructing, acquiring, rehabilitating for use by others, assisting financially with the

�construction, acquisition, reiiabllltation, maintaining, and/or leasing facilities on its behalf or
for others within the Village; and
WHEREAS, the Village designated the LDC to receive the conveyance and take
ownership of the East Parcel, and LDC, as the Village's designee, acquired ownership of the
East Parcel on December 22, 2014; and
WHEREAS, under a certain License Agreement between the Village and the LDC dated
December 16, 2014 ("License Agreement"), the Village has the exclusive right to use the East
Parcel, and in consideration thereof, the Village must pay to the LDC "all costs Incurred by the
[LDC] in connection with the acquisition and ownership of the East parcel [sic], including all
fees, costs, taxes, and charges approved by the [LDC] from time to time," and all those
approved costs are to be "paid by the Village within ten (10) business days of invoicing by the
Corporation to the Village;" and

WHEREAS, the LDC considered the following improvements on the East Parcel for the
betterment of the Village and its residents: construction of a Department of Public Works
facility, active and passive recreation uses including but not limited to an outdoor
amphitheater with great lawn, a multipurpose sports field, skate park and sports courts, a
community facility, parking, roadway improvements including but not limited to a vehicular
and pedestrian overpass from Continental Street to cross over adjacent Metro-North train
tracks, and at the Village's discretion, a proposed school district bus repair garage or other
Village related use(s) (collectively, the "Proposed Action"); and

�WHEREAS, In accordance with the New York State Environmental Quality Review Act
("SEQRA") and the Village Code of the Village of Sleepy Hollow, the LDC among other things,
duly declared Itself Lead Agency, prepared draft and final Environmental Impact Statements,
made environmental findings and certified that the requirements of SEQRA had been met and
the Proposed Action is one that avoids or mitigates impacts to the maximum extent
practicable; and

WHEREAS, the East Parcel currently consists of bituminous pavement and concrete
parking surfaces, vegetated strips and hillsides between pavement and the property lines, a
closed bituminous ramp and viaduct bridge, vegetated open and closed drainage ditch system,
and rail sidings within gravel bedding with bituminous and concrete access strips; and
WHEREAS, the East Parcel is subject to a Site Management Plan prepared as an
element of the remedial program at the GM Property under the New York State Brownfield
Cleanup Program administered by New York State Department of Environmental Conservation
fNYSDEC) dated December 2013 ("Site Management Plan'O; and
WHEREAS, the Site Management Plan requires final barrier cap system throughout the
East Parcel consisting of either or a combination of two foot thick soil cover for landscaped or
naturally vegetated areas, pavement (or similar hard surfaces) over non-vegetated areas,
and/or permanent buildings or similar structures; and
WHEREAS, a portion of the East Parcel is located in an area currently designated as a
floodplain and other portions of the East Parcel are located in an area currently designated as

�a floodway, and as a result thereof, any development of the East Parcel will require raising the
existing grade by a minimum of five feet in order to properly protect proposed improvements;
and

WHEREAS, fill material Is required to be imported to the East Parcel for any further
improvement or development of the East Parcel under the NYSDEC Site Management Plan and
the Village Floodplain Development Regulations; and
WHEREAS, on January?, 2016, the LDC as Lead Agency determined that
segmentation and consideration of importation of fill material to the East Parcel separate from
the

SEQRA

Review

of

the

Proposed

Action

was

permissible

pursuant

to

6 N.Y.C.R.R. §617.3(g)(l), that importation of fill material to the East Parcel is consistent with
the environmental review and Findings made by the Village Board of Trustees as part of the
environmental review for redevelopment of the GM Property, that as the Village Board of
Trustees had determined, work of the sort as called for by the Village Floodplain Development
Regulations and the NYSDEC Site Management Plan meets the goals and policies presented in
the Village's Local Waterfront Development Program, and that importation of fill material as
called for by the Village Floodplain Development Regulations and the NYSDEC Site
Management Plan will not have any significant adverse environmental Impact under the criteria
set forth in 6 N.Y.C.R.R. §617.7; and
WHEREAS, the LDC has contracted with Ford Legal, a consulting firm with experienced
in the identification and processing of fill material suitable for sites like the East Parcel that are
subject to a site management plan as here; and

�WHEREAS, Ford Legal has identified several sources of suitable fill material; and
WHEREAS, the LDC has commenced Importation of such fill material; and
WHEREAS, the LDC has and will continue to incur costs for this and any other fill
material and may incur acquisition, transportation, testing and handling costs with any fill
material that it imports to the East Parcel ("Fill Costs"); and
WHEREAS, pursuant to Paragraph 8 of the Village of Sleepy Hollow Mayor and Board
of Trustees Resolution Granting Special Permit and Approving the Riverfront Development
Concept Plan for the Lighthouse Landing Riverfront Development, Lighthouse Landing
Ventures, LLC has contributed $1,725,000.00 to the Village, and is scheduled to contribute an
additional $9,775,000.00 to the Village if certain conditions are met, for infrastructure,
mitigation measures, and amenities, including "the construction of the DPW ... facilities," in
lieu of Lighthouse Landing's providing, among other things, the DPW facility or the final barrier
cap system required by the NYSDEC Site Management Plan ("Special Permit Paragraph 8
Funds").
WHEREAS, by resolution adopted July 26, 2016, the Village Board of Trustees
authorized the use of $500,000.00 of the funds provided by Lighthouse Landing Ventures LLC
as Special Permit 8 Funds to be used to advance, pay, or reimburse the LDC for professional
fees and other costs in connection with its consideration and SEQRA Review of the Proposed
Action fSEQR Review and Development Costs"), as well as Fill Costs consistent with said
Special Permit 8; and

�WHEREAS, by resolution adopted September 12, 2017, the Village Board of Trustees
authorized the use of an additional $500,000.00 of the funds provided by Lighthouse Landing
Ventures LLC as Special Permit 8 Funds to be used to advance, pay, or reimburse the LDC for
professional fees and other costs in connection with its consideration and SEQRA Review of
the Proposed Action C'SEQR Review and Development Costs"), as well as Fill Costs consistent
with said Special Permit 8; and
WHEREAS, while the LDC has substantially completed its SEQR Review, the Village
wants to continue to facilitate the LDC's importation of fill as same becomes available for the
improvement of the East Parcel consistent with the SEQR Review of the Proposed Action and
advance the necessary engineering for site planning; and
NOW THEREFORE, BE IT RESOLVED, that funds provided by Lighthouse Landing
Ventures LLC as Special Permit Paragraph 8 Funds shall continue to be used to advance, pay,
or reimburse the LDC for the SEQR Review and Redevelopment Costs, If any, and Fill Costs
consistent with the requirements of Paragraph 8 of the Village of Sleepy Hollow Mayor and
Board of Trustees Resolution Granting Special Permit and Approving the Riverfront
Development Concept Plan for the Lighthouse Landing Riverfront Development; and be it
further
RESOLVED, that an additional sum of $500,000.00 of Special Permit Paragraph 8
Funds be transferred to the Village Budget Expense Account Line "A.6989.499" entitled
"SHLDC."

�Motion: Trustee Gebler

Seconded: Trustee Spiro

Absent: Trustees Leavy and Gonzalez

Vote:5-0

�Resolution of the Mayor and Board of Trustees of the
Village of Sleepy Hollow Approving the Request
of the Fire Department
WHEREAS, the Board of Fire Wardens has requested permission to hold a Boot Drive
between the hours of 11:00 Al^ and 3:00 PM at the intersection of North Broadway and
Pierson Avenue on Saturday, October 21, 2016, on Sunday, October 22, 2017, and on
Saturday, October 28, 2016, and on Sunday, October 29, 2017; and
WHEREAS, the Chief of Police has been informed of the request, does not raise a
public safety concern, and does not object to the Boot Drive;
NOW THEREFORE, BE IT RESOLVED that the Mayor and Board of Trustees of the
Village of Sleepy Hollow approves this request from the Fire Department.
Moved: Trustee Gebler

Second: Deputy Mayor Rosenbloom Vote: Unanimous

Absent: Trustees Leavy and Gonzalez

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