https://sleepyhollow.localarchives.org/files/original/33d6c247005a82ae25c31b039a892866.pdf a1810045bd72d929ae06b75d44ed4868 PDF Text Text RESOLUTION Adopted at the March 18,2021 Meeting of the Village of Sleepy Hollow Planning Board RESOLUTION: SITE PLAN APPROVAL PROPOSED: Edge-on-Hudson Riverfront Development, Block A LOCATION: 199 Beekman Avenue TAX MAP DESIGNATION: Section 115.10-1-1.6 ZONING: RF - Riverfront District WHEREAS, the Planning Board of the Village of Sleepy Hollow (the Planning Board) has received and reviewed an application for site plan approval (the "Application") pursuant to the Village Zoning Ordinance, Article X, Site Plan review, and to applicable laws and regulations considered pertinent to the Application, for the partial development of the approximately 4.959 acre Block A (as defined below) of the redevelopment of the former North Tarrytown General Motors Assembly Plant site located at 199 Beekman Avenue known as Edge-on-Hudson Riverfront Development (the "Project"); and WHEREAS, the Application is submitted on behalf of Lighthouse Landing Communities LLC (the "Applicant"); and, WHEREAS, the proposed development of 4.959± acre Block A (formerly Blocks A and B as shown on the approved Riverfront Development Concept Plan) includes the following: site plan approval for a 34,300± square foot (s.f.) DeCicco & Sons market, approximately 20,500 s.f. of additional retail stores (comprising a l,800±_s.f. liquor store, the 9,500± s.f. Market Retail Building and 9,200± s.f. Retail Building North) and off-street parking for 274 on-grade parking spaces and three bay loading dock (collectively the "Proposed Action"); and, WHEREAS, the Application is in furtherance of the June 7, 2011 Lighthouse Landing Special Permit approval and Riverfront Development Concept Plan approval, which was the subject of a! comprehensive environmental review conducted by the Board of Trustees acting as Lead Agency under the State Environmental Quality Review Act (SEQRA); the SEQRA Page 1 of 13 �proceeding culminated in an Environmental Findings Statement issued on July 24, 2007, and an Amended Environmental Findings Statement issued on January 25, 2011, (collectively "Environmental Findings") in which the Board of Trustees determined after due consideration that the Riverfront Development Concept Plan (RCDP), with its associated mitigative measures, would not have a significant adverse environmental impact and that the project would provide a balance between the protection of the environment and the need to accommodate social, economic, and other considerations of sound public policy; and WHEREAS, as part of the approval of the Special Permit and RDCP, the Board of Trustees completed its own waterfront consistency review and found the proposed RDCP was consistent with the goals and policies of the Village's Local Waterfront Revitalization Program (LWRP); WHEREAS, the Planning Board reviewed and considered the Application at its meetings on 11/19/20,12/17/20, 2/18/21 and 3/18/21; and, WHEREAS, on 12/17/20 the Planning Board opened a public hearing on the Application in which all members of the public were invited to attend and comment on the Application and the public hearing was subsequently closed on 3/18/21; and WHEREAS, at the 2/18/21 public hearing the Planning Board discussed with the Applicant the potential development program for that portion of the Site Plan noted as Retail Building North considering that there was no tenant for that space for the foreseeable future and that both the Planning Board and the Applicant preferred to defer any approval for development of that portion of Block A until a more defined development program could be realized; and WHEREAS, at 2/18/21 public hearing the Applicant did present more detailed architectural details and materials and subsequently submitted those presentation boards to the Village on 3/17/21; and WHEREAS, the proposed site plan was reviewed and comments sought from the Village's Highway Superintendent, Police and Fire Departments; and, WHEREAS, the Planning Board has reviewed the following materials: • Application for Site Plan dated 11/5/20 prepared by Divney Tung Schwalbe, LLP (DTS). Page 2 of 13 �• Site Plan Set prepared by DTS dated 11/05/20, last revised 2/4/21 unless otherwise noted, consisting of the following: a. Cover Sheet, DTS; b. Key Plan and General Notes, DTS; c. Block A Site Plan Layout, last revised 3/17/21, DTS; d. Block A Grading and Drainage Plan, DTS; e. Block A Overall EOH Storm Drainage Plan, DTA; f. Block A Utilities Plan, DTS; g. Block A Landscape Plan, DTS; h. Block A Landscape Details, DTS; i. Block A Erosion & Sediment Control Plan, DTS; j. Block A Erosion & Sediment Control Details, DTS; k. Block A Site Details, DTS; 1. Block A Emergency Vehicle Maneuvering Plan 2/4/21, DTS; m. Block A Lighting/Photometric Plan 2/4/21, DTS; n. Block A Existing Conditions Plan, Control Point Associates and DTS; • o. Part Plan, DTS, submitted 3/17/21 p. Seat Wall and Plant Bed at Corner, DTS, submitted 3/17/21 Block A Architecture prepared by Studio Rai Architectural Design P.C., submitted 3/17/21 a. View Looking Southwest on Legend Drive, 2/4/21; b. View Looking Southwest on Legend Drive (Night), 2/4/21; c. View West on Beekman Avenue, 2/4/21; d. View Northeast on Legend Drive, 2/4/21; e. First Floor Plan, 2/16/21; f. Top Floor Plan (3rd Floor), 2/16/21; g- Mezzanine Floor Plan, 2/16/21; h. Roof Plan, 2/16/21; i. North Elevation, 2/16/21; j- South Elevation, 2/16/21; Page 3 of 13 �• k. West Elevation, 2/16/21; 1. East Elevation, 2/16/21; m. Section, 2/16/21; n. North Elevation Detail, 2/16/21; o. Exterior Building Materials, 2/16/21; p. Vegetated Roof, 2/4/21; q. Cupola Precedents, 2/4/21; r. Tower Precedents, 2/4/21; s. Towers-Stairs-Final Precedents, 2/4/21. Technical Memorandum, Application for Block A Site Plan Approval - Water Supply System, prepared by Divney Tung Schwalbe, dated 2/4/21; • Block A Engineer's Report - Stormwater Report Supplement, prepared by DTS, dated 2/4/21; • Block A Engineer's Report - Private Sanitary Sewer Extension, prepared by DTS, dated 2/4/21; • Review memos dated 11/13/20, 12/11/21, and 2/12/21 from Woodard & Curran Engineering, engineering consultant to the Planning Board; • Review memos dated 12/3/20, 2/12/21 and 3/15/21 from Planning & Development Advisors, planning consultant to the Village; • Response letters from Divney Tung Schwalbe dated 12/3/21,2/4/21 and 3/17/21; WHEREAS, pursuant to 6 NYCRR Part 617, the SEQRA regulations, the Planning Board has conducted the following activities: 1. Received a completed application and application fee; and 2. Requested, received and considered comments from the Village Engineer, Village Attorney, Village Planner and Village Architect about the proposed Block A development which were provided in written form or discussed with the Board during the course of the Planning Board meetings. 3. Requested, received and reviewed a short Environmental Assessment Form and Coastal Assessment Form; and 4. Held a duly noticed public hearing. Page 4 of 13 �NOW, THEREFORE, BE IT RESOLVED, that having reviewed the entire record as noted above, in relation to the previously approved Special Permit and Riverfront Development Concept Plan, the Planning Board: 1. Considered Section 450-16.A(2)(a) of the Village Code which covers site plan review by the Planning Board and after a review of the documentation submitted by the Applicant, the Planning Board finds that the Application meets the riverfront development design standards set forth in Section 450-18 of the Village Code; 2. Considered Section 450-16.B(3) of the Village Code which requires a review of a site plan in comparison to the approved RDCP. The Applicant made a detailed presentation of the comparison between the RDCP and the proposed Block A site plan in their 11/5/20 submission and as part of a formal presentation to the Planning Board during a regularly scheduled Planning Board meeting. After review of both plans, and with input from the Village Board to the Planning Board Chair, the Planning Board finds that while there may be significant differences in both plans, those differences relate to changing economic conditions and certain adjustments to the development program to potentially relocate the residential component previously included in the approved RDCP to other locations on the Edge on Hudson site and to potentially replace the residential component with a retail/commercial component. The Planning Board finds that the site plan as currently proposed is in keeping with the spirit and intent of the RDCP; 3. Finds after review of the Waterfront Consistency determination prepared by the Board of Trustees for the RDCP, and as reflected in Item 2 above, that the Application is consistent with the goals and policies of the Village of Sleepy Hollow LWRP; 4. Considered the development of the Proposed Action, less the North Retail Building, in light of the purposes for design review as outlined in Chapter 9, Architectural Review Board, of the Village Code with respect to the degree of uniformity, dissimilarity, inappropriateness, or poor quality of design in the exterior appearance of buildings and the degree to which any such uniformity, dissimilarity, Page 5 of 13 �inappropriateness, or poor quality of design adversely affects the desirability of the immediate area and neighboring areas for residential, business or other purposes and by so doing impairs the benefits of occupancy of existing property in such areas, impairs the stability and value of both improved and unimproved real property in such areas, prevents the most appropriate development and use of such areas, contributes to the degeneration of property in such areas, with attendant deterioration of conditions affecting the health, safety and general welfare of the community, and contributes to the diminution of the taxable value of real property in such areas and ability to support the municipal services provided thereto, taking into account and applying the review criteria and standards of Chapter 9, Architectural Review Board, of the Village Code, and specifically the Design Guidelines for Lighthouse Landing Riverfront Development adopted by the Board of Trustees on June 7, 2011. The Planning Board finds that the Proposed Action, less the Retail North Building, is consistent with and meets all applicable standards of Chapter 9 of the Village Code. 5. Considered the Applicant's site phasing plan compared to that discussed in the July 24, 2007 Environmental Findings Statement (the "Environmental Findings") and notes that the construction phasing has been modified compared to that presented in the environmental review due to market and other considerations but notes that the Environmental Findings Statement allows for flexibility in the proposed sequence of building construction; and, be it further RESOLVED, that the Planning Board, after review of the materials submitted, public comments and recommendations has determined that the Application does not present significant adverse environmental impacts not addressed or inadequately addressed in the comprehensive environmental review under SEQR conducted on behalf of the Village as part of the preparation of the Riverfront Development Concept Plan for the Project, and there are no changes in circumstances or newly discovered information presenting such potential impacts; and be it further RESOLVED, that having fully considered the environmental review record and supporting documentation, and having considered the preceding written facts and conclusions relied upon to Page 6 of 13 �meet the requirement of 6 NYCRR 617.7 and 617.11, the Planning Board confirms and restates previous certifications that: 1. The requirements of 6 NYCRR Part 617 have been met and fully satisfied; 2. Consistent with social, economic and other essential considerations, from among the reasonable alternatives available, the proposed Block A site plan is one which minimizes or avoids adverse environmental effects to the maximum extent practicable; including effects disclosed in the environmental impact statement and Environmental Findings; 3. Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided by incorporating as conditions to the decision those mitigative measures that were identified as practicable. 4. Received, reviewed, and applied the Environmental Findings. RESOLVED, the Planning Board hereby adopts the Environmental Findings as the Planning Board's involved agency environmental findings statement pursuant to 6 NYCRR Section 617.11(c), except that the Planning Board finds that the construction phasing presented in the Application differs from the construction phasing considered by the Board of Trustees as Lead Agency. However, the Planning Board notes that the Environmental Findings Statement dated July 24, 2007, provides at page 117 "that the proposed sequencing of building construction should be flexible in order to allow for manageable detailed site plan review and provide an efficient development schedule [and the] proposed schedule of Building Group sequencing during the construction process shall be submitted to the Planning Board for review and approval during the site plan review process," and that the currently proposed construction phasing and sequencing presented in the Application is appropriate and will not have an adverse environmental impact; and be it further RESOLVED, that said Application is hereby granted approval and the Applicant may obtain the endorsed approval of the Planning Board Chair on a copy of this resolution and upon Page 7 of 13 �the site plan drawings dated 02/04/21 and as may be subsequently modified, subject to conditions and modifications identified below: 1. This approval shall expire if the following modifications and conditions have not been completed to the satisfaction of the Planning Board and the Village Building Department: submission of a satisfactory building permit application for construction of Block A buildings within one year of the date of the adoption of this Resolution of site plan approval, subsequent construction commencing within six months of the date of building permit issuance and thereafter diligently pursued and construction completed within two years of the issuance of the building permit. Extensions of this site plan approval may be granted for good cause by the Planning Board at the request of the Applicant for periods of six months each. 2. Documentation, sufficient in form and substance, for the Village's Consulting Engineer to determine that the list of items outlined in the Village consulting Engineer's 2/12/21 correspondence have been incorporated onto the site plan drawings. 3. Prior to the offer of dedication to the Village of public roads, public sidewalks, lighting in public rights-of-way and landscaping in public rights of way, public utility lines for water and sewer service, telecommunications, and any public stormwater management facilities and corresponding easements, the Applicant shall submit an as-built survey. Any material change to the site plan from that approved by the Planning Board will require the Applicant to present the revised plan to the Planning Board for a site plan amendment. 4. Prior to the issuance of any building permits, a 100% performance bond, in a sum to be determined by the Village's Consulting Engineer and approved as to form by the Village Attorney, shall be furnished to and accepted by the Village, to guarantee the satisfactory and complete installation and construction of all water and sewer utilities to be dedicated to public use, roads to be dedicated to public use, public sidewalks, telecommunications, lighting in public rights-of-way and in public open Page 8 of 13 �space areas, and stormwater management facilities and sediment and erosion control structures and measures within public rights of way. 5. Provision of landscape maintenance bonds to remain in effect for two years to ensure landscape plantings are established and maintained in a healthy and vigorous growing condition. The extent of the bonds to be determined by the Village Building Inspector and Village Administrator in consultation with the Applicant and in a form satisfactory to the Village Attorney. Such landscape maintenance bond(s) shall be posted for each Block upon the issuance of the Certificate of Occupancy for the last residential unit of that specific development Block. 6. The Applicant shall submit any geotechnical investigation of the site completed to date which will include the geotechnical analysis of the site soil conditions as they relate to the design and construction of any proposed structure. Any compaction/pile driving operation required at the site shall be monitored by a professional engineer licensed in the State of New York. During the process of compacting/pile driving, the gauges shall be placed in the vicinity of the adjacent structures and utilities to monitor the soil movement as recommended by a geotechnical engineer. Any damage to the adjacent structures or utilities shall be the responsibility of the Applicant. 7. No Temporary or Permanent C of O for a building shall be issued until the Applicant offers for dedication: public roads, public sidewalks, lighting in public rights-of-way and in public open space areas, public utility lines for water and sewer service, and any public stormwater management facilities and corresponding easements associated with that building and or Block. Such offer for dedication shall be in a suitable form acceptable to the Village. 8. The Applicant's LEED-ND compliance program will take into account and facilitate the incorporation of bicycling as an alternate means of transportation in a manner like that described in correspondence of Divney Tung Schwalbe dated Page 9 of 13 �October 22, 2015. The LEED-ND reference guide defines "bicycle network" to include any combination of bicycle lanes, bicycle paths, and streets designed for a target speed of 25 miles per hour or slower. 9. In accordance with paragraph 13 of the June 7,2011 Special Permit, the preliminary subdivision plan shall include at a minimum, separate parcels for the Waterfront Open Space, the portion of the South Parcel intended to be for public uses by the Village, and that portion of the West Parcel associated with the first phase of development. The layout of such parcels shall be consistent with Figure No. 2 Public Open Space and Public Use Diagram as referenced in paragraph 9 of the June 7, 2011 Special Permit. The East Parcel was subdivided and conveyed to the Sleepy Hollow Local Development Corporation, the Village's designee, by deed dated December 22, 2014 and recorded December 24, 2014 and any further subdivision of the East Parcel is not within the Applicant's control. 10. No building permit for any project building (other than buildings that will be used for sales models that may be constructed on the South Parcel) will be issued prior to the temporary improvement of the Beekman Avenue Bridge to an HS 25 standard with conditions as set forth in the June 7, 2011 Special Permit, and the removal of the existing pedestrian bridge over the Metro-North tracks. No Temporary or Permanent C of O for any project building will be issued prior to completion of the reconstruction and repair work on the Beekman Avenue Bridge and the removal of the pedestrian bridge. A July 30,2018, correspondence from the Village Mayor to Lighthouse Landing Communities, LLC further clarifies the requirements the Applicant must meet with respect to the construction of the Beekman Avenue Bridge and removal of the pedestrian bridge and the issuance of Certificates of Occupancy for Phase 1. 11. Completion of the Lot 2 portion of the Central Park open space shall be required prior to the issuance of any Temporary or Permanent C of O for any units in Buildings E-2 and E-3 or F Building. Completion of the Lot 3 portion of the Central Page 10 of 13 �Park open space shall be required prior to the issuance of any Temporary or Permanent C of O for any buildings in the J Block fronting on the Central Park open space. The Village Green (Lot 10) shall be completed prior to the Village's acceptance of the roundabout. 12. Prior to the issuance of the Temporary or Permanent C of O covering the 300,000th square foot of new development, the Applicant shall be required to complete the following traffic improvement mitigation measures within the Village of Sleepy Hollow as referenced in the June 7,2011 Special Permit. a. Improvements to US Route 9 at New Broadway/Bedford Road, Beekman Avenue/Hudson Terrace; and b. Improvements to Beekman Avenue at Pocantico Street. Correspondence from the Village Mayor to Lighthouse Landing Communities, LLC dated 10/31/2018 further clarifies the requirements the Applicant must meet with respect to the installation of traffic improvements and the issuance of Certificates of Occupancy for Phase 1 and 2. 13. As a condition of the June 7,2011 Special Permit, upon the installation of adjacent Roadway A, the Village Green and waterfront open space up to the first belvedere (the Block H Waterfront) will be improved with the hardscape elements installed and the areas to be landscaped temporarily sodded or otherwise stabilized. No temporary or permanent Certificate of Occupancy will be issued for Building H until completion of the landside landscape treatments for the Village Green and Block H Waterfront area, exclusive of in-water improvements. Permitting for the in-water improvements for the Block H Waterfront, including but not limited to the pier, rip rap repair and belvedere, shall be diligently pursued by the developer concurrent with site plan application to the Village associated with Building H. Correspondence from the Village Mayor to Lighthouse Landing Communities, LLC dated 10/31/2018 further clarifies the requirements the Applicant must meet with respect to the completion of Block H waterfront improvements and the issuance of Certificates of Occupancy for Block H. Page 11 of 13 �14. The Applicant shall pay the Village of Sleepy Hollow all application and review fees as required by the Village Code prior to any building permit being issued. 15. Consistent with the Environmental Findings and the Special Permit the Applicant will observe and fully comply with all of the requirements of the Site Management Plan (SMP) and the Excavation Work Plan (EWP) (Appendix A of the SMP on file with the Village) as required by New York State Department of Environmental Conservation (NYS DEC) under the Brownfield Cleanup Program (BCP). The Applicant will copy the Village on all submittals to the NYS DEC that are required as part of the SMP and the EWP. 16. All conditions identified in the Village Board's June 7, 2011 Special Permit shall remain in full force and effect. 17. Prior to issuance of a Building Permit by the Village, the Applicant is required to provide to the Village for the Village Building Department's approval and the Village's Consulting Engineer's approval, a comprehensive site utilities plan which illustrates in plan and three-dimensional view, the proposed location of all subsurface and surface utilities including, but not necessarily limited to lighting, gas, electric, telephone, and cable. In addition, the Village will require from the Applicant for their review and approval prior to issuance of a Building Permit a utilities work sequence plan which details the sequence of work to support the coordination among utilities companies and to avoid conflicts in the field. 18. Prior to the issuance of a building permit the Applicant shall provide to the Planning Board a final landscape plan which shall address and mitigate any potential visual impact of utilities, including but not limited to the provision of gas and electric service. Page 12 of 13 �19. If directed by the V i l l a g e B u i l d i n g D e p a r t m e n t the A p p l i c a n t shall acquire approval f r o m the N e w York State E m p i r e State D e v e l o p m e n t ( E S D ) f o r classification of essential construction in order for the P r o p o s e d A c t i o n to m o v e f o r w a r d . Such approval shall be furnished to the Village Building Department prior to c o m m e n c i n g c o n s t r u c t i o n . In addition, the p r o v i s i o n s for C O V I D - 1 9 health and safety shall be in c o m p l i a n c e w i t h applicable local, State and Federal r e q u i r e m e n t s . PLANNING BOARD VILLAGE OF SLEEPY H O L L O W 0 CTog Date Chair undersigned Clerk/Deputy Clerk, do hereby certify that the foregoing is a true copy of an extract duly adopted by the Board of Trustees/Qarmi^Zoning of the Village of Sleepy Hollow, on the i s L d a y of M&ecA- 20_£±_ and of the whole thereof, and I further certify that the same was entered into the minutes of the meeting of said Board of Trustees/Planning/Zoning held on said date. IN WITNESS WHEREOF, I have hereunto set my hand offi^l seal1hisjv_day nf ( ( M ^ f A A Page 13 of 13 p^A&sJh " N ' � 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 Planning Board Minutes & Resolutions-2021 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_PLAN_2021-03-18_EOH-Block-A_Approved-Resolution Subject The topic of the resource Planning Board Minutes & Resolutions-2021 Date A point or period of time associated with an event in the lifecycle of the resource 2021 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