https://sleepyhollow.localarchives.org/files/original/1162e0191b5e780c6c29f2fa9425db16.pdf ea44827db1422ad8756b47d90b396caa PDF Text Text RESOLUTION Adopted at the January 7,2021 Meeting of the Village of Sleepy Hollow Planning Board RESOLUTION: SITE PLAN AND PRELIMINARY SUBDIVISION PLAT APPROVAL - PARTIAL BLOCKS O & P TOWNHOME ONE PROPOSED: Edge on Hudson Partial Blocks O & P Townhome One LOCATION: 199 Beekman Avenue TAX MAP DESIGNATION: Section 115.10-1-3.2 ZONING: RF - Riverfront District WHEREAS, the Planning Board of the Village of Sleepy Hollow (the Planning Board) has reviewed an application for a site plan and preliminary subdivision approval (the Application) pursuant to the Village Zoning Ordinance, Article X, Site Plan review, and Chapter 425 of the Village Code, Subdivision of Land, and to applicable laws and regulations considered pertinent to the Application, which is for Phase 1 of the redevelopment of the former North Tarrytown General Motors Assembly Plant site located at 199 Beekman Avenue to be known as Edge on Hudson. The Application is submitted on behalf of Lighthouse Landing Communities, LLC (the Applicant); and, WHEREAS, the Applicant had previously been granted Site Plan and Subdivision Approval on or about 10/22/15 for Phase 1 Block J which included 72 townhome units; and WHEREAS as part of that review the Planning Board did review and consider the Riverfront Development Concept Plan (RDCP) and the Design Guidelines prepared for the redevelopment of the Edge on Hudson site; and WHEREAS, the Application is in furtherance of the 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 proceeding culminated in Findings Statements issued on July 24, 2007, and on January 25, 2011, in which the Board of Trustees determined after due consideration that the Riverfront Development Concept Plan Page 1 of 12 �(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, on 5/21/20, the Planning Board approved Edge on Hudson Phase 3 Roads and Infrastructure site plan approval for roads and infrastructure and preliminary subdivision approval for the balance of the Edge on Hudson blocks; and WHEREAS, given the current development climate, the Applicant is desirous of constructing additional townhome units on portions of Blocks O and P created as part of the 5/21/20 preliminary subdivision approval; and WHEREAS, on or about 9/3/20 the Applicant submitted a facially complete site plan and subdivision application for the construction of 20 townhome units in four buildings fronting along Palisades Boulevard with associated circulation and parking (the "Proposed Action"); and WHEREAS, the Applicant is seeking approval for just 20 of the townhome units associated with Blocks O and P ("O and P Townhome One"); and WHEREAS, the Applicant is not requesting any change in the number of townhome units in the project; and WHEREAS, the Planning Board reviewed and considered the Application at its 9/17/20, 10/22/20,11/19/20,12/17/20 regularly scheduled meetings and a specially scheduled meeting on 1/7/21; and WHEREAS, on 10/22/20, the Planning Board opened a public hearing on the Application in which all members of the public were invited to attend and comment and the public hearing was subsequently closed on 11/19/20 with the Applicant agreeing to toll any time requirements prior to a formal decision by the Planning Board; and, WHEREAS, the Applicant requested a variance for building height for three of the proposed townhomes from the Village of Sleepy Hollow Zoning Board of Appeals and did receive said approval on 12/16/20; and WHEREAS, the Planning Board has reviewed the following materials: Page 2 of 12 �• Application package dated 9/3/20 including: 1. Executed Application Forms 2. EAF short form 3. Coastal Assessment Form • Review memos dated 10/16/20 and 11/18/20 and email correspondence dated 1/6/21 from Woodard & Curran, Village Engineering Consultant • Correspondence and review memos from Planning & Development Advisors dated 9/17/20, 10/16/20 and 11/17/20; • Response letters/memos from Divney Tung Schwalbe on behalf of Lighthouse Landing Communities, LLC dated 10/8/20, 11/9/20 and 11/12/20 to the Planning Board • Correspondence from Martina Zolldahn-Brown to the Planning Board dated 1/2/21; • Existing construction and condition and proposed elevations drawings prepared by KTGY Architecture dated 10/8/20 and 10/22/20 (Block J Configuration); • Site plan drawings submitted by the following last revised 11/12/20: a. Cover Sheet, Divney Tung Schwalbe (DTS); b. Key Plan and General Noted (SP-0.1) DTS; c. Block O/P Townhomes One Site Layout Plan (SP-1.0) DTS; d. Block O/P Townhomes One Grading and Drainage Plan (SP-2.0) DTS; e. Block O/P Townhomes One Overall Storm Drainage Plan (SP-2.1) DTS; f. Block O/P Townhomes One Utilities Plan (SP-3.0) DTS; g. Block O/P Townhomes One Utility Profiles (SP-3.1) DTS; h. Block O/P Townhomes One Landscape Plan (SP-4.0) DTS; i. Block O/P Townhomes One Erosion & Sediment Control Plan (SP-5.0) DTS ; j. Block O/P Townhomes One Erosion & Sediment Control Details (SP-5.1) DTS ; k. Block O/P Townhomes One Site Details (SP-6.0-6.3), DTS; 1. Block O/P Townhomes One Existing Conditions (EX-1.0), Control Point Associates, Inc. (CPA) and DTS; m. Block O/P Townhomes One Subdivision Plat (CPA). WHEREAS, pursuant to 6 NYCRR Part 617, the SEQRA regulations, the Planning Board has made the following findings and caused, noted or conducted the following activities: Page 3 of 12 �1. Received a completed application and application fee; 2. Requested, received and considered comments from the Village Engineer, Village Attorney, Village Planner and Building Inspector about the proposed project 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. 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-B(3) of the Village Zoning 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 Action in their 9/3/20 submission and as part of a formal presentation to the Planning Board during a regularly scheduled Planning Board meeting. The Planning Board requested and Applicant provided an Illustrative Plan of the balance of Blocks O and P prepared by Hart Howerton dated 11/2/20. After review of both plans, the Planning Board finds that, while there may be minor variations between the Proposed Action and the RDCP, the Proposed Action is in keeping with the spirit and intent of the RDCP; 3. Finds after review of Coastal Assessment Form prepared by the Applicant and the Waterfront Consistency determination prepared by the Board of Trustees for the RDCP, that the Application is consistent with the goals and policies of the Village of Sleepy Hollow LWRP; Page 4 of 12 �4. Considered the proposed Partial Block O and P site plan 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, 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 Application will need to return to the Planning Board as part of the Planning Board's ARB mandate before the issuance of a foundation permit by the Building Department to ensure that the Proposed Action is consistent with and meets all applicable standards of Chapter 9 of the Village Code. The Planning Board has identified the following specific items to be addressed as part of the townhome designs for Block O and P: 1. The elements of the "Kit of Parts" needs to be specified and submitted to the Planning Board for approval for O and P Townhome One. Subsequent submission to the Planning Board for additional phases of townhome development will need to similarly include a "Kit of Parts" specific to that townhome grouping. 2. Mirrored facades shall not be permitted for O and P Townhome One. For subsequent submissions for townhome development mirrored facades shall be only be permitted with a vertical delineation. Page 5 of 12 �3. Articulation of the front facades is required. 4. Vertical architectural delineation between units shall be required on the front and rear elevations. 5. Fourth floor enclosed/ roofed areas shall be limited to less than 75% of the floor below for interior units. 6. Fourth floor enclosed/ roofed areas shall be limited to 50% or less of the floor below for end units generally open to view or for higher visibility units as may be determined by the Planning Board. For O and P Townhomes One that shall include units 1, 9,10 and 20. 7. For O&P Townhomes One the front yard setback shall be not less than 5_ feet. The Planning Board strongly encourages the inclusion of the private entry patios consistent with the initial 5/1/15 presentations made to the Planning Board for the balance of Block O and P. 8. Side yard setbacks for end units shall be not less than 10 feet however the Planning Board may reduce the setback when the side fa9ade has been designed with articulation similar to the front fa?ade. 9. The distance between adjacent end units, without an alley or road shall be not less than 10 feet and 15 feet when a walkway or alley is present. 10. Fa9ade details and materials shall be continuous on end units elevations. 11. Roof pergolas shall be open to the sky and open on at least three sides. Roof beams shall be spaced to permit not less than 70% openness unless otherwise authorized by the Building Department. 12. Roof pergolas shall not occupy more than 75% of the roof area. 13. Electric meters and mechanical systems shall not be located on the front facade and shall be screened with materials matching the architectural design of the unit. The Applicant shall use best efforts to not locate the Con Ed gas meters on the townhome's front fa?ade and to provide architectural and or landscape screening for such equipment when such meters cannot be relocated. Page 6 of 12 �14. All exterior vent terminations shall compliment or match the adjacent exterior surface colors to minimize their visibility. 15. Barbecue grilles shall not be permitted against open loft railings; and be it further RESOLVED, that the Planning Board, after review of the materials submitted, public comments and recommendations and the EAF 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 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 Project is one which minimizes or avoids adverse environmental effects to the maximum extent practicable; including effects disclosed in the environmental impact statements; and 3. Consistent with social, economic and other essential considerations, 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 and reviewed the Environmental Findings Statement and Amended Environmental Findings Statement adopted by the Board of Trustees, as SEQRA lead agency, on July 24, 2007, and January 25, 2011 (collectively, the "Environmental Findings"); and be it further Page 7 of 12 �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 by the Applicant on the Application differs from the construction phasing considered by the Board of Trustees as Lead Agency on the environmental review, that the Lead Agency found at Page 117 of the Findings Statement dated July 24, 2007, "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 by the Applicant to the Planning Board on 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 the site plan drawings and preliminary subdivision plat for lots 3.21,3.22,3.23 and 3.24 as shown on the Preliminary Subdivision Plat, 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 building construction within one year of the date of the adoption of the 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. Opportunity for extensions of the site plan approval to 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 Engineer to determine that the list of items outlined in the Village Engineer's 11/18/20 correspondence have been incorporated onto the site plan drawings. 3. Submission of as-built building plans and an as-built survey prior to the issuance of any Temporary or Permanent Certificate of Occupancy (C of O). 4. Prior to the issuance of any building permits, a 100% performance bond, in a sum to be determined by the Village Engineer and approved as to form by the Village Page 8 of 12 �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, lighting in public rights-of-way and in public open 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. As part of the June 7, 2011 Special Permit, 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. a. Improvements to US Route 9 at New Broadway/Bedford Road, Beekman Avenue/Hudson Terrace b. Improvements to Beekman Avenue at Pocantico Street The Village Board, by correspondence dated 10/31/18, has suspended these requirements and will give the Applicant notice in the future when completion, Page 9 of 12 �replacement or payment is due. A copy of this resolution shall be furnished to the Village Board for their records as to the status of overall development. 9. Prior to the completion of Phase 1, the Applicant shall submit a report to the Village Architect to demonstrate Project's anticipated compliance track under the LEED-ND program. 10. 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 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. 11. In accordance with paragraph 13 of the June 7, 2011 Special Permit, the preliminary subdivision plat 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. 12. 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. 13. 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 necessary 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. 14. Prior to the issuance of a Building Permit by the Village, a construction logistics plan shall be prepared and submitted to the Building Department indicating the location of construction trailers, temporary toilet facilities, material storage, employee vehicle Page 10 of 12 �parking, temporary fencing, means for temporary water, means for temporary power, fuel storage and other equipment as appropriate. 15. Prior to the issuance of a Building Permit by the Village, the location of all above ground utility equipment shall be approved by the Planning Board prior to installation. 16. Consistent with the Environmental Findings and the Special Use 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. 17. All conditions identified in the Village Board's June 7, 2011 Special Permit shall remain in full force and effect. Page 11 of 12 �18. If directed by the Village 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 ) for classification of essential construction in order for the P r o p o s e d Action to m o v e f o r w a r d . Such approval shall be furnished to the Village Building Department prior to commencing 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 with a p p l i c a b l e local, State and Federal r e q u i r e m e n t s . PLANNING BOARD VILLAGE OF SLEEPY HOLLOW Marjorie(Hsu, G e r m a n Date «4* " I. QQ£L £i fry j the undersigned Ctefk^eputTcie^d true copy of an extract duly adopted by the Board of Tiustees/ftann^ the Village of Sleepy Hollow, on the _day of 2 0 ^ L 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/Piann^Zoning held on said date. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this .day of 2 t Q L A lert^eputyClerk Page 12 of 12 � 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_2021-01-07_EOHBlockOPPreliminarySbdv-Townhome_OneApprovedRes 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