https://sleepyhollow.localarchives.org/files/original/9715e11dfa14710a21cbbf8f5869e653.pdf 67d006aa293489b8f1cf1095af0920eb PDF Text Text Village of Sleepy Hollow Planning Board Minutes April 16, 2020 The regular meeting was held via Zoom webinar and called to order at 8:00 PM by Chairperson Marjorie Hsu. Present: Marjorie Hsu, Chairperson Matthew Brennan Erin Carney Thomas Andruss Kersten Harries Lindsay Krakauer Also Present: Clinton Smith, Village Attorney David Smith, Village Planner James Natarelli, Village Engineer Jennifer Martinez, Consulting Engineer Anthony Catalano, Consulting Engineer Sean McCarthy, Village Architect Pamela Kroll, Secretary to the Planning Board Absent: Ed McCarthy Agenda: 1) Landrock LLC, 231 Webber Avenue, Final subdivision plat - Continued public hearing 2) 34 On Hudson, LLC, 34 Hudson Street, Proposed two-family residence - Continued public hearing, draft resolution 3) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase III preliminary subdivision and roads and infrastructure site plan- Continued public hearing, draft resolution 4) Anthony and Nicole De Felippis, 18 Fremont Road, Tree removal appeal - Discussion 5) Sleepy Hollow Local Development Corp., 193 Beekman Avenue, Strategic Property Development Zoning Code, Re-zoning petition-Discussion 6) Ivan and Sonia Vukusic, 143 Webber Avenue, Proposed subdivision, preliminary platPreliminary presentation 7) Roger Billharz, 467 Munroe Avenue, Proposed subdivision, preliminary platPreliminary presentation 8) Hudson Pines, LLC, 180 Bedford Road, Proposed swimming pool- Preliminary presentation 9) Approval of minutes - February 20, 2020 Chairperson Hsu read a prepared statement: 1 (4/16/20) �Tonight's meeting and work session is being convened in accordance with the Governor's Executive Order Number 202.1 issued March 13, 2020 which suspends certain provisions of the New York State Open Meetings Law to allow a municipal board to convene a meeting via videoconferencing. In accordance with the Executive order, the public has been provided with the ability to view tonight's meeting and work session and a transcript will be provided at a later date. I have also confirmed with our Village Clerk that this meeting has been duly noticed by posting a notice on the Villages' bulletin boards, faxing a copy to the Warner Library, faxing a copy to the Journal News and the Hudson Independent newspapers, posting a copy on the village website, and listing it on the Villages' Facebook page. Chairperson Hsu requested a roll call of the Planning Board members present and confirmed that there is a quorum. Chairperson Hsu read the agenda. 1. Landrock LLC, 231 Webber Avenue, Final subdivision plat- Continued public hearing Motion was made to open the public hearing. Moved: Brennan Seconded: Andruss Vote 6-0 Chairperson Hsu stated that Landrock LLC has requested an adjournment to the May 21, 2020 meeting. Chairperson Hsu solicited comments from the public. There were no comments from the public. Motion was made to adjourn the public hearing to the May 21, 2020 meeting. Moved: Harries Seconded: Andruss Vote 6-0 2. 34 On Hudson, LLC, Proposed two-family residence - Public hearing Motion was made to open the public hearing. Moved: Andruss Seconded: Krakauer Vote 6-0 Brian Hopkins is the architect for 34 On Hudson LLC and stated that the purpose of the meeting was to review the draft resolution. Chairperson Hsu asked Brian Hopkins to provide updates on the construction. Brian Hopkins stated that the demolition work has been completed. They are working with the modular company on the building construction plans. There is a set of plans being reviewed the Building Department. Chairperson Hsu asked Brian Hopkins if the project is going as planned. 2 (4/16/20) �Brian Hopkins stated that the project is on schedule and that the modular company is working on the drawings. Matthew Brennan asked if the current pandemic has affected the project. Brian Hopkins stated that they were almost completed with the demolition when the Corona virus shutdown occurred. Based on the Executive Order Number 202.6, they were permitted to keep a small crew working on the site and were able to complete any part of the demolition process that may be threat to life. The remainder of the project is in the hands of the modular company. The modular company is putting together the drawings. The modular company's factory is shut down until April 30, 2020 and set to reopen in the beginning of May. The modular company expects to have the drawing set completed in mid-May. Chairperson Hsu solicited comments from the Board. There were no comments from the Board. Chairperson Hsu solicited comments from the public. There were no comments from the public. Chairperson Hsu asked David Smith to read the draft resolution. David Smith read the conditions of the draft resolution. Chairperson Hsu solicited comments from Sean McCarthy. Sean McCarthy stated that he did not have any comments. Motion was made to close the public hearing. Moved: Andruss Seconded: Krakauer Vote 6-0 Motion was made to adopt the resolution. Moved: Harries Seconded: Carney Chairperson Hsu - yes Thomas Andruss - yes Matthew Brennan - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Vote 6-0 APPROVED 3. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase III preliminary subdivision and roads and infrastructure site plan- Continued public hearing 3 (4/16/20) �Motion was made to open the public hearing. Moved: Harries Seconded: Andruss Vote 6-0 Andrew Tung is an associate of Divney Tung Schwalbe LLP representing the applicant. Mr. Tung described the additional site work required for the application and requested approval to move the fill to complete site preparation operations. David Smith asked if the informal public pathway along the waterfront will remain open. Andrew Tung stated that the pathway that runs from Ichabod's Landings walkway out to the walkway to the lighthouse will remain open and separated from the grading work operations. David Smith asked if the northern portion from the lighthouse going up towards Kingsland Park be closed off during the filling operations. Andrew Tung stated that it would be closed off and that you would be able to get into Kingsland Park but not through the buffer area. Matthew Brennan asked how long would that area be closed off in that condition. Andrew Tung stated that the area would remain closed until the waterfront open space is approved and under construction. Matthew Brennan asked for an estimated time frame. Andrew Tung stated that they expect to submit the first phase of waterfront open space site plan to the Planning Board soon. The Special Use Permit provides that each area of the open space be open at the time that the adjacent design block is ready for occupancy. Peter Chavkin is a managing partner of Lighthouse Landing Communities, LLC. Mr. Chavkin stated that during the filling work, the public pathway on the west side of the Berlin Wall will not be interrupted. The filling work would be completed under a future site plan. The pathway access from the Lighthouse to Kingsland Park would not be interrupted. Kersten Harries asked if the wall and fence along the Metro-North border are temporary or permanent and if they were approved in previous submissions. Peter Chavkin stated that the wall and fence will be permanent. The wall will be an extension of a concrete wall, previously approved by the Board, behind the I-Block buildings. The proposed fencing material will be detailed in the supplemental submission and will have a vertical slat wrought iron appearance. Chairperson Hsu asked what will have to be finalized in order to approve the Phase III infrastructure plan. 4 (4/16/20) �Andrew Tung stated that there is no additional paving or utility work required. The changes to the plan include additional site grading to the adjacent areas to eliminate the fill piles and to extend the wall and the fence along the east boundary lines. Clinton Smith stated that the draft resolution would have to be revised upon receipt and review of the documents. Anthony Catalano requested that their team review the documents prior to revisions of the draft resolution being completed. Chairperson Hsu solicited comments from the public. There were no comments from the public. Motion was made to adjourn the public hearing to the May 21, 2020 meeting. Moved: Andruss Seconded: Brennan Vote 6-0 4. Anthony and Nicole De Felippis, 18 Fremont Road, Tree removal appeal - Discussion Chairperson Hsu invited the applicant to present their reasons for the tree removal appeal. Anthony De Felippis is the owner of 18 Fremont Road and stated that the tree is hollow and that the falling branches are a risk to damaging their home. Mr. De Felippis stated that branches have fallen close to the house since the Tree Removal Permit was denied. Mr. De Felippis stated that they received approval to remove one tree that was also hollow inside. Matthew Brennan asked if a reason for the denial was provided. Anthony De Felippis stated that there was no reason for denial provided. Chairperson Hsu asked Mr. De Felippis if they have removed the tree that was approved. Anthony De Felippis stated that he has not removed the approved tree and wanted to remove both trees at the same time. Matthew Brennan asked where the trees are located on the property. Anthony De Felippis stated the trees are located between the house and Route 9. Chairperson Hsu stated that the Tree Commission was invited to attend the meeting but that no members are present to explain their decisions. Kersten Harries asked if they submitted a letter of recommendation from a certified arborist. Anthony De Felippis stated that members of the Tree Committee have already looked at the tree and have seen the fallen branches and by them not coming to the meeting, it should forfeit their 5 (4/16/20) �position on taking it down. The trees are old, unhealthy and dangerous and he plans to plant Pine trees in their place. Discussion ensued on why the owner believes the tree is hollow and can't be salvaged and the proposed plans for replacement plantings. Chairperson Hsu asked Sean McCarthy if he has any additional information on the tree. Sean McCarthy stated that he does not have any additional information on the trees. Chairperson Hsu requested that the Building Department obtain additional information from the Tree Commission members and for the owners to send pictures of the branches that have fallen since the Tree Removal Permit application was denied. Chairperson Hsu requested that the applicant present a plan for tree replacement for the Tree Commission to review. Thomas Andruss asked if the Tree Commission was invited to appear at the meeting and if they provided any responses as to why they could not join the meeting. Sean McCarthy stated that one response was received stating they were unable to attend and that he did not hear personally from any others. Thomas Andruss stated that it is discouraging that the Tree Commission is unwilling to back up their decisions. No action was taken. 5. Sleepy Hollow Local Development Corp., 193 Beekman Avenue, Strategic PropertyStrategic Property Development Zoning Code, Re-zoning petition Chairperson Hsu invited the Mayor Ken Wray to present the petition. Mayor Wray presented an overview of the history of the site and for the petition filed by the Sleepy Hollow Local Development Corp (the "LDC"). David Smith spoke on behalf of the LDC and provided information on the proposed zoning changes. Matthew Brennan asked if developers have provided reasons for the lack of interest in the site. Mayor Wray stated that the availability for the number of units and parking were concerns from developers as well as the type of commercial businesses that were allowed in the zoning district. The petition for re-zoning would allow for a commercial space, such as a restaurant, to be on the roof of the building instead of only the first floor. Another concern was the removal of the viaduct. The LDC is working with the Mount Pleasant Industrial Agency for the removal of the viaduct. 6 (4/16/20) �Chairperson Hsu asked Mayor Wray to explain what a viaduct is and what happens if it is removed. Mayor Wray stated that on the west side of the building between the building and the MetroNorth tracks is an old roadway that went down to the east parcel. It is a steel structure, approximately 100-150 yards that veers out over part of the Metro-North tracks and comes back and ends on solid ground. It has not be used in many years and not in good shape. The choices are to either rebuild it so it is strong enough to support vehicles again or to take it down. Repairing it would be a large cost for something that is not needed. Kersten Harries asked if the easement to the east parcel from Beekman Avenue would still be accessible if the viaduct is removed. Mayor Wray stated upon removal of the viaduct, the entrance access would be moved from the west side of the property to the east side. Clinton Smith asked Mayor Wray to confirm that they are proposing affordable housing as one of the required Village benefits to trigger the Strategic Property Re-Zoning. Mayor Wray stated that he would like to see workforce housing on the property and explained examples of what the affordable housing income ranges are for Westchester County residential housing. David Smith stated that the other Village benefits proposed are improvements to the parks within the inner village and street scape improvements within the inner village. Matthew Brennan asked for the estimated time frame for the proposed project. Mayor Wray stated that the Board of Trustees hopes to approve the petition in the next few weeks and then have the Special Permit granted so that they can market the site to developers. Chairperson Hsu asked what Mayor Wray expects from the Planning Board on this petition. Mayor Wray stated that he proposes working in a committee environment consisting of members of the Board and Sean McCarthy to hear the recommendations and comments. Chairperson Hsu suggested including the Chairman of the Zoning Board of Appeals. No action was taken. 6. Ivan and Sonia Vukusic, 143 Webber Avenue, Proposed subdivision, preliminary plat, Preliminary presentation Michael Stein is the President of Hudson Engineering and Consulting P.C. and is representing the applicant. Mr. Stein described the details of the application for the proposed two- lot subdivision. The main purpose of the submitting the application was to permit the scheduling of 7 (4/16/20) �percolation and deep holes site testing. Mr. Stein acknowledged the potential for a three-lot subdivision and stated that at this point the applicant is trying to determine the financial impacts of the site testing before they submit a fully completed application. Chairperson Hsu asked Michael Stein what is planned for the subdivided lots. Michael Stein stated that the applicant plans to develop the current lot and keep the proposed second lot for open space of his own property. Chairperson Hsu solicited comments from the Board. James Natarelli asked Mr. Stein if there is evidence of wetlands on the property. Michael Stein stated that Westchester GIS indicates that there is a watercourse but he considers it a drainage ditch because there is not a constant flow of water. Mr. Stein said it appears to be tributary area for the bridge and flow path for runoff into the property. Mr Stein stated that he can have a wetlands specialist or soil scientist test the area if requested. Chairperson Hsu asked if an environmental review will be completed. Clinton Smith stated that a Short Environmental Assessment form has been submitted but that the applicant may come back with a different application pending the results of the site testing. Michael Stein agreed that upon completion of the site testing, the applicant will know whether or not they propose to continue with a two-lot subdivision or submit an application to subdivide the property into three lots. They will then submit a full application including grading, erosion and a storm water management and prevention plans. Chairperson Hsu asked for the timing needed to come back before the Board. Michael Stein stated that when field testing permissions are resumed in the Village, they should be able to provide a time frame for submission. No action was taken. 7. Roger Billharz, 467 Munroe Avenue, Proposed subdivision, preliminary plat, Preliminary presentation Gregory Gall, RA is the architect representing the applicant and described the details of the proposed two lot subdivision of the property. Mr. Gall stated that there are no intentions for development of the new lot. Roger Billharz is the owner of 467 Munroe Avenue and stated that their intention is to sell the newly sub-divided parcel. 8 (4/16/20) �Chairperson Hsu asked Sean McCarthy what is required in order for approval processes to move forward. Sean McCarthy stated that some information needs to be added to the plot plan but that the application is complete enough to have a public hearing. Motion was made to schedule a public hearing for the May 21, 2020 meeting. Moved: Andruss Seconded: Harries Chairperson Hsu - yes Thomas Andruss - yes Matthew Brennan - yes Kersten Harries - yes Lindsay Krakauer - yes Erin Carney - yes Vote 6-0 Vote 6-0 APPROVED Roger Billharz asked if the application will be approved at the next meeting. Clinton Smith provided a summary of the steps required to obtain approvals for a preliminary and final subdivision plat. 8. Hudson Pines, LLC, 180 Bedford Road, Proposed swimming pool, Preliminary presentation Kimberly Martelli is the owner of KTM Architect and is representing the applicant. Ms. Martelli described a summary of the proposed application. Chairperson Hsu asked Ms. Martelli to describe the existing non-conformities that would require variances from the Zoning Board of Appeals prior to site plan approval from the Planning Board. Kimberly Martelli stated that the existing non-conforming conditions relate to the height requirements of the proposed addition to the carriage house and the new construction of the onestory pool house. The proposed carriage house addition will also require a variance related to the front yard set-back. Kimberly Martelli acknowledged receipt of the memos, prepared by James Natarelli and David Smith. James Natarelli asked if there will be impervious surfaces added to the site and requested that the Storm Water Prevention Management Plan reflect the requirements. Matt Girona, of Bibbo Associates, described the proposed plans as they relate to the code requirements for storm water management and asked for options for testing required for post construction controls. 9 (4/16/20) �James Natarelli stated that the plans need to show how the storm water for additional impervious surfaces will be handled. All post construction storm water should be managed on site. James Natarelli suggested that the design proceed with the assumption of what the soil can handle and estimated infiltration rates and then be confirmed with testing prior to Building Permit issuance. Chairperson Hsu referred the application to the Zoning Board of Appeals. 9. Approval of minutes- February 20, 2020 Motion was made to approve the February 20, 2020 minutes. Moved: Andruss Seconded: Harries Chairperson Hsu - yes Thomas Andruss - yes Matthew Brennan - yes Kersten Harries - yes Lindsay Krakauer - abstained Erin Carney - yes Vote 6-1-0 APPROVED Motion was made to adjourn the meeting at 10:20 PM. Moved: Brennan Seconded: Andruss Vote 6-0 Respectfully submitted, PatruL&z- Ai^SS Pamela Kroll Secretary to the Planning Board 10 (4/16/20) � 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. 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