https://sleepyhollow.localarchives.org/files/original/5d89fe2f626d115136b4f2164755d9da.pdf d850709b13fee15445b6e20876b3ccaa PDF Text Text RESOLUTION Adopted at the October 22,2020 Meeting of the Village of Sleepy Hollow Planning Board RESOLUTION: SITE PLAN AND WETLAND PERMIT APPROVAL PROPOSED: Edge on Hudson Waterfront Open Space Phase One LOCATION: 199 Beekman Avenue TAX MAP DESIGNATION: Section 115.10-1-1 ZONING: RF - Riverfront District WHEREAS, the Planning Board of the Village of Sleepy Hollow (the "Planning Board") has reviewed an application for site plan and wetland permit approval (the "Application") pursuant to the Village Zoning Ordinance, Chapter 450, Article X, Site Plan review, Chapter 425 Subdivision of Land, and to applicable laws and regulations considered pertinent to the Application, for the Waterfront Open Space Phase One - Site Plan and Wetlands/Watercourse Permit (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 (the "Project"); and WHEREAS, the Application is submitted on behalf of Lighthouse Landing Communities LLC (the "Applicant"); and, WHEREAS, the Application is for site plan approval of for Waterfront Open Space Phase One of the Project, including the following: improvements to an approximately 2.7 acres waterfront open space including, the creation of pedestrian paths, improvements/repair to the existing rip-rap shoreline system and the introduction of landscape plantings overlook and playscapes (collectively the "Proposed Action" or "Waterfront Open Space Plan"); 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 Environmental Findings (as hereinafter defined) issued on July 24, 2007, and on January 25, Page 1 of 10 �2011, 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 Special Permit, 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); and WHEREAS, the Planning Board initially reviewed and considered the Application at its 6/18/20,7/16/20,9/17/20 and 10/22/20 regularly scheduled meetings; and, WHEREAS, after the 6/18/20 meeting the Planning Board requested input from the Village Board of Trustees (hereinafter the "Village Board") to ensure that the Phase One Waterfront Open Space plan was in keeping with the goals and objectives of the Village Board with respect to project design and ultimately the required upkeep and maintenance of this important piece of Village infrastructure and its relationship to the approved RDCP; and WHEREAS, the Village Board met on 7/14/20 and found no objection to the proposed Waterfront Open Space Plan; and WHEREAS, on 7/16/20 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 10/22/20; and WHEREAS, the Site Plan were reviewed and comments sought from the Village's Highway Superintendent, and Emergency Services Departments; and, WHEREAS, the Planning Board has reviewed the following materials: • Application package dated 6/4/20 consisting of: - Cover Letter from Divney Tung Schwalbe dated 6/4/20 - Village of Sleepy Hollow Planning Board Application Forms - Site Plan Drawing Set (see below) • Review memos and correspondence dated 6/12/20, 9/4/20 and 10/16/20 from Woodard & Curran Engineering, Village Consulting Engineers; Page 2 of 10 �Review memos and correspondence dated 6/15/20, 7/29/20 and 7/29/20 from Planning & Development Advisors, Village Planning Consultant; Review memos dated 6/19/20 and 9/15/20 from the Village Architect; Response letters/memos from Divney Tung Schwalbe on behalf of the Applicant dated 7/2/20, 8/24/20 and 10/8/20; Correspondence from Westchester County Planning Board dated 7/20/20; Shoreline Assessment Report prepared by RACE Coastal Engineering, P.C. dated 7/14/20 revised 8/13/20; Site plan drawings (collectively, the "Site Plan") submitted by the following with last revision date: a. Cover Sheet, 10/8/20, Divney Tung Schwalbe (DTS); b. Waterfront Open Space (WOS) Phase 1 Key Plan and General Notes, 10/8/20, DTS; c. WOS Phase 1 Layout & Materials Plan, 10/8/20, Nelson Byrd Woltz (NBW) (two sheets); d. WOS Phase 1 Site Sections, 10/8/20 NBW, (two sheets); e. WOS Phase 1 Site Details, 10/8/20 NBW, (three sheets); f. WOS Phase 1 Grading, Drainage and Utilities Plan, 10/8/20, DTS (two sheets); g. WOS Phase 1 Planting Schedule 10/8/20 NBW; h. WOS Phase 1 Planting Plan 10/8/20 NBW (two sheets); i. WOS Phase 1 Planting Details 10/8/20 NBW; j. WOS Phase 1 Lighting Plan 7/2/20 KGM Architectural Lighting (KGM) (three sheets); k. WOS Phase 1 Photometric Plans 7/2/20 KGM (five sheets); 1. WOS Phase 1 Erosion and Sediment Control Plan 10/8/20, DTS (two sheets); m. WOS Phase 1 Erosion and Sediment Control Details 10/8/20, DTS; n. WOS Phase 1 Contributory Drainage Map 10/8/20, DTS; o. WOS Phase 1 Electrical Cover Sheet 8/11/20 KEA Engineers (KEA); Page 3 of 10 �p. WOS Phase 1 Electrical Lighting and Distribution Plan 9/21/20 KEA (two sheets); q. WOS Phase 1 Existing Conditions Plan 8/19/20 DTS and Control Point Associates (CPA) (two sheets); and r. Subdivision Plat, 8/14/20, CPA; s. General Site Plan, 8/13/20, Race Coastal Engineering (Race), (three sheets); • Correspondence from C. Tompkins on behalf of the Applicant dated 9/14/20 responding to rip-rap repair with corresponding Shoreline Repair Plan prepared by Race Coastal Engineering dated 9/11/20 • Correspondence dated 9/16/20 from the Public Space Council. 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 Building Inspector about the proposed Waterfront Open Space Phase 1 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; Page 4 of 10 �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 Planning Board did forward the WOS Plan to the Village Board who had no objection to the plan; 3. Finds after review of 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 except as noted below; 4. Considered the Applicant's site phasing plan compared to that discussed in the July 24, 2007 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 Findings Statement allows for flexibility in the proposed sequence of building construction; 5. Considered the requirements of Section 418 of the Sleepy Hollow Code Wetlands and Watercourses; 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 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 Phase 1 Waterfront Open Space is one which minimizes or avoids adverse environmental effects to the maximum extent practicable; including effects disclosed in the environmental impact statements; and Page 5 of 10 �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, reviewed, and applied 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. 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 the 2011 Waterfront Consistency Review noted that the RDCP for the West Parcel included approximately 2,300 linear feet of frontage along the Hudson River, with proposed fishing pier, belvederes, transient boat tie ups, interpretive center and boat house with enhanced waterfront access area. The Proposed Action currently includes plans for fishing piers, transient boat tie ups (it is noted that the proposed interpretive center and boat house with enhanced waterfront access area are anticipated to be included as part of a subsequent phase of Waterfront Open Space development). Consistent with the 2007 Environmental Findings (refer to page 38 of 129) Roseland shall be responsible for preparing, submitting and pursuing all methods for obtaining said permits and approvals from any and all regulatory agencies relative to the proposed waterside improvements, and shall provide a quarterly status report on the permitting progress to the Village Administrator, for distribution to the Mayor and Trustees, and the Planning Board. The Applicant is still responsible for the meeting the requirements of the 2007 Environmental Page 6 of 10 �Findings including the submission of quarterly status report on the permitting process. Any change in the proposed in-water improvements will require a reevaluation of the consistency of the Proposed Action with the goals and objectives of the Village's LWRP. RESOLVED, that said Application for site plan approval and wetland permit are related to the proposed Edge on Hudson Phase 1 Waterfront Open Space Plan, as dated 10/8/20, and as may be subsequently revised to comply with this resolution, 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, as and when revised as necessary to show compliance with the following conditions, which endorsement shall permit filing in the Sleepy Hollow Department of Architecture, Land Development, Buildings & Building Compliance (the Building Department) for purposes of obtaining a building permit in accordance with this resolution and all building code requirements, provided however, that this approval shall expire one (1) year after the date of this resolution if the following modifications and conditions have not been completed to the satisfaction of the Planning Board and the Village Building Department, and, the Applicant has not obtained the required building permit or permits for construction in accordance with the approved plan(s): 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 Phase 1 Waterfront Open Space 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's Engineering Consultant to determine that the list of items outlined in the Village Consulting Engineer's 10/16/20 correspondence have been incorporated onto the site plan drawings. 3. Documentation, sufficient in form and substance, for the Village Architect to determine that the list of items outlined in the Village Architect's 9/15/20 correspondence have been incorporated onto the site plan drawings. 4. Prior to the offer of dedication to the Village of waterfront open space, public sidewalks and pathways, lighting in public rights-of-way and landscaping in public Page 7 of 10 �rights of way, public utility lines for water and sewer service, 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. 5. 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, 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. 6. 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 section of street trees upon the acceptance by the Village of the offer of dedication of the roadway rights-of-way containing such trees. 7. 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. 8. 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. 9. 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. Page 8 of 10 �10. 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. 11. 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. 12. 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. 13. All conditions identified in the Village Board's June 7, 2011 Special Permit shall remain in full force and effect. 14. 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. 15. Prior to the issuance of a Building Permit by the Village, a final 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 parking, temporary fencing, means for temporary water, means for temporary power, fuel storage and other equipment as appropriate. 16. 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. Page 9 of 10 �17. Prior to the issuance of a building permit for the related work 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. The Applicant shall also provide additional details addressing the relationship of those specific areas where public access directly abuts the existing rip-rap and where required modify the rip rap design as part of a field condition so that it does not present a building code issue and may include feature stones as part of the design. 18. If directed by the Village Building Department the Applicant shall acquire approval from the New York State Empire State Development (ESD) for classification of essential construction in order for the proposed Phase 3 construction to move forward. Such approval shall be furnished to the Village Building Department prior to commencing construction. In addition, the provisions for COVID-19 health and safety shall be in compliance with applicable local, State and Federal requirements. PLANNING BOARD VILLAGE OF SLEEPY HOLLOW gg OCT*gge Date - —_ , th<? undersigned C^Deputy Clerk, do hereby certify that the foreg ig . s a ^ c o p y o f a n extract duly adopted by the Buwrd of Trusteesfcinj^Zoning of the Village of Sleepy Hollow on the i O a y of OoSfO** 2PJX) 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 and official^al thislILday of Q U ^ W 2q££> 'xJId ^ - o ^AzmMA^^ 'eputy Clerk Page 10 of 10 ToZo � 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-2020 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_2020-10-22_EOH-Phase-I-WOS_Wetland-Permit-Signed-Resolution Subject The topic of the resource Planning Board Minutes & Resolutions-2020 Date A point or period of time associated with an event in the lifecycle of the resource 2020 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