https://sleepyhollow.localarchives.org/files/original/0b2f68e2ec75bdf5d8042276c3c297e0.pdf 5c955d61467d8a48867baf75c49fcd64 PDF Text Text Village of Sleepy Hollow Planning Board Meeting October 17, 2019 The regular meeting was called to order at 8:05 PM by Chairperson Marjorie Hsu Present: Marjorie Hsu, Chairperson Lindsay Krakauer Kersten Harries Ed McCarthy Erin Carney Also Present: Clinton Smith, Village Attorney David Smith, Village Planner James Natarelli, Village Engineer Sean McCarthy, Village Architect Pamela Pengelski, Secretary to the Planning Board Absent: Tom Andruss Matthew Brennan Agenda: 1) Landrock, LLC, 231 Webber Avenue, Final subdivision plat- Public hearing 2) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase I amended site plan approval - Discussion 3) Jonathan Villani, 30 Andrews Lane, Proposed townhouse development- Presentation 4) Approval of minutes - September 19, 2019 Chairperson Hsu read the agenda. 1. Landrock, LLC, 231 Webber Avenue, Final subdivision plat- Public hearing Chairperson Hsu stated that the public hearing for the Landrock, LLC final subdivision plat is premature because there are endorsements and documents that have not been received by the Village. Chairperson Hsu stated that the public hearing may be opened but a decision on the final plat may not be rendered until the required documents have been received. William Null asked for the public hearing to be opened. Chairperson Hsu stated that the Board opens the public hearing for Landrock, LLC. William Null is a Partner with Cuddy & Feder LLP representing Landrock, LLC for the proposed subdivision application. Mr. Null stated that they have been asking for the signed resolution for the preliminary plat since September 19, 2019 and without the signed resolution 1 (10/17/19) �they were unable submit to the Westchester County Board of Health Department for input on looping of the water main. Mr. Null requested to receive the signed resolution in order to proceed. Mr. Null stated that they submitted a draft final subdivision plat to address the required conditions of the preliminary subdivision plat approval. Mr. Null stated that a letter was submitted to the Board to provide proposed language to address the status of Gorey Brook Road. Mr. Null asked the Board for the current status of the language for condition number four on the preliminary plat resolution and the note requirements for the final plat. Chairman Hsu asked Clinton Smith to read the proposed conditions number four and number seven on the draft resolution for the preliminary subdivision plat approval. Clinton Smith read the conditions four and seven of the preliminary plat resolution and stated that this is the way it was adopted at the last meeting. 4. A note shall be placed on the plat describing the current status of Gorey Brook Road. 7. If Gory Brook Road is used for other than emergency purposes or other than on an incidental basis for access to or from any property covered by this subdivision, the owner of that property will improve it to village standards. William Null asked if this version will be signed by the Planning Board. Clinton Smith stated that this is the version that will be signed by the Planning Board. William Null asked the Board to explain why a south easement on Gorey Brook Road should be granted by Landrock, LLC as requested in the memo prepared by James Natarelli. James Natarelli read comment number two from his memorandum dated October 11, 2019 2. It is recommended that "Easement D" for Village water and sanitary sewer be extended on the subject property for the entire length of Gorey Brook Road. William Null stated that Landrock, LLC owns a portion of Gorey Brook Road and asked why this is recommended. Chairperson Hsu stated that the easement is needed for maintenance purposes for the Village Department of Public Works. William Null stated that they will grant an access easement on Landrocks' property for Village maintenance. Chairperson Hsu asked James Natarelli to clarify the requirements for an access easement. James Natarelli stated that his comment does not relate or is meant to address access easements for the Village. Mr. Natarelli stated that the purpose of an extension of "Easement D" is to allow for the possibility of future water main extension connections from where it currently ends 2 (10/17/19) �on Gorey Brook Road. Mr. Natarelli stated that it would be beneficial to have it in place now when a map is filed with County land records. William Null stated that the easement extension is not necessary for the public improvements that Landrock is providing. William Null asked the Board if the language he proposed for the note regarding Gorey Brook Road is acceptable to the Board. Chairperson Hsu asked Mr. Null to read the proposed note for the final subdivision plat. William Null stated Ownership by Landrock, LLC of the underlying fee to the bed of Gorey Brook Road, as shown on this Subdivision Plat, is not determinative of any right to use of the roadbed. William Null stated that the purpose of keeping the discussion of the ownership of Gorey Brook open is so that a title company will be able to ensure title to future property owners of the lots. Clinton Smith stated that the language he originally proposed is the preferable language for the note to be placed on the final subdivision plat said: A note shall be placed on the plat delineating Gory Brook Road as a public right of way. William Null stated that the applicant rejected that note and it was agreed at the last meeting's approval to have a further discussion on the note that would be placed on the final plat. Kersten Harries stated that her understanding was that both the Board and the applicant agreed that the current use of Gorey Brook Road was to remain for pedestrians, horses and nonvehicular traffic use. William Null stated that the property is privately owned and there are publicly posted signs that state it is private property owned by Greenrock. Mr. Null stated that the permissive use of the land that has been allowed by the Rockefellers does not mean that all of Gorey Brook Road is a public right-of-way. Clinton Smith stated that Gorey Brook is a road by definition that can be used by pedestrians and vehicles; the road was previously maintained by the Village until it was abandoned and a gate was put up. William Null stated that Gorey Brook Road is a private road that has been used permissively by 3 (10/17/19) �the public and that the road has been privately maintained. Some of the property is State Park land and some of the land is owned by both Landrock and the Lydens. Mr. Null stated that the Board does not have jurisdiction to require Landrock to state that privately owned land can be considered a public right-of-way. Mr. Null stated that there are no public health, safety, or welfare issues associated with building three homes on thirty-five acres and that they will not consent to the note proposed on the final subdivision plat. Chairperson Hsu asked Clinton Smith to clarify the differences of the intentions of the proposed notes for the final plat. Clinton Smith stated that William Null objects to the using the term public right-of-way. William Null stated that it was Mr. Smith who stated that Gorey Brook Road has been abandoned for vehicle use. A public right-of-way is a term that allows unrestricted public use including vehicle access. The section of Gorey Brook Road related to the application is privately owned by Landrock. Discussion ensued with Clinton Smith and William Null as to the history of the use, ownership and public right-of-way status of Gorey Brook Road. Clinton Smith stated that the Board needs to make the decision on the language used for the note on the subdivision final plat. Chairperson Hsu stated that conditions number four and seven are contradictive regarding vehicular traffic. William Null stated that they propose to agree on language that is not determinative of the use of Gorey Brook Road as a roadway. Ed McCarthy asked how close the entrance to the Croton Aqueduct is in relation to the Landrock Property on Gorey Brook Road. William Null stated that the path down to the Croton Aqueduct is approximately 25 feet from the Landrock property and that there is path access north of Gorey Brook Road that doesn't require the use of the Gorey Brook Road. Michael Rockefeller is the applicant and stated that Gorey Brook Road was built as an access 4 (10/17/19) �route to build the Croton Aqueduct. There is a structure that was used as a camp for the workers while building the Croton Aqueduct which eventually was used by the public instead of the company that built the Aqueduct. In the 1950s, the road was cut off at the sections of the land owned by the Rockefellers and the Lydens and was extended and improved until the turnoff to the Croton Aqueduct up to Route 117. This portion of the road has been abandoned and is not passable for vehicles. Ed McCarthy stated that if the gate was opened to the public, cars would drive up an unsafe portion of Gorey Brook Road. Michael Rockefeller is an owner of Landrock LLC and stated that cars would then also have access to the entire park system. William Null stated that if a secondary driveway access is proposed for one of the three lots, there would be control issues put in place to restrict the use of the road beyond the gate and they have no intentions of opening it up for public use. The secondary driveway is not part of this application and will be discussed as part of a future site plan application. David Steinmetz is a Partner at Zarin & Steinmetz Attorneys at Law representing Dr. John and Carol Lyden. Mr. Steinmetz stated that the Lydens have no objection to the three lot subdivision. Mr. Steinmetz stated that final subdivision plat approval should not be granted until the preliminary plat approvals are clarified by the Board. The Board needs to clarify their intent for decisions on the status of Gorey Brook Road; will there be permitted pedestrian use of Gorey Brook Road; will there be permitted vehicular access on Gorey Brook Road; will there will be privacy gates on Gorey Brook Road; will Gorey Brook Road require improvements. Mr. Steinmetz stated that the Lydens will grant an easement on their property for public pedestrian access. Mr. Steinmetz stated that the Lydens do not want cars permitted on Gorey Brook Road and they do not want improvements made to the road. Mr. Steinmetz stated that the Board should know the intentions of future site plan applications in relation to Gorey Brook Road. William Null stated that modifications to the conditions number four and seven on the preliminary plat draft resolution were discussed and approved at the September 19, 2019 meeting. Mr. Null stated that modifications made to condition number seven was acceptable to the Planning Board, the Consultants, reviewed with Mr. Steinmetz, and was adopted by a vote for the Preliminary Subdivision Plat resolution. Mr. Null requested that the resolution adopted at the September 19, 2019 meeting be signed and submitted to them in order to move forward with the final plat. Mr. Null stated that he objects to changing the language of the resolution 5 (10/17/19) �that was adopted by Board. Mr. Null stated that the language proposed for the note on the preliminary plat does not commit for any person to make changes on Gorey Brook Road. The applicant does not want to make changes to the current condition of Gorey Brook Road; the applicant does not want to be prohibited from motor vehicle access to Landrock's property; the applicant is not asking for the Village to maintain Gorey Brook Road. Chairperson Hsu stated that the Board agrees to preserve Gorey Brook Road for pedestrian use but wants to eliminate vehicular access. Chairperson Hsu stated that if they approve the preliminary subdivision plat resolution as adopted, the Board will clarify their final intentions on the final subdivision plat approval resolution. William Null stated that final subdivision plat will need to substantially conform to the approved preliminary plat. Mr. Null stated that Gorey Brook Road does not need to be designated for emergency purposes but the applicant will not agree to prohibiting use by motorized vehicles to the Landrock property. Chairperson Hsu asked Mr. Null to clarify the current and intended vehicular access for Gorey Brook Road. William Null stated that the official main driveway to the sites will be on Webber Avenue. There has been occasional use of the driveway off Gorey Brook Road for decades and they are not prepared to eliminate that access. Mr. Null stated that the intent to use Gorey Brook Road as a secondary driveway for one of the three lots has been disclosed at previous meetings and, if proposed, would be a part of a future site plan application for the second and third lots; the possibility of a gate and secondary driveway is not part of the subdivision application. William Null stated that the applicant will not agree to designate Gorey Brook Road as a public right-of-way and will not agree to the elimination of the motorized vehicular use from Gorey Brook Road to the Landrock site on the Final Subdivision Plat or resolution. Discussion ensued on the current uses of Gorey Brook Road north of the chain; the intentions for vehicular access on Gorey Brook Road to the Landrock properties; will the Board approve occasional vehicular use on Gorey Brook Road; will improvements be required to Gorey Brook Road; is access granted for the Landrock site or future owners of the properties. Chairperson Hsu stated that the Planning Board wants to amend the resolution so that the applicant can move forward with submissions to the Westchester County Health Department, but 6 (10/17/19) �the Board does not want improvements made to Gorey Brook Road and wants vehicular access to be eliminated. Tara Rockefeller is an owner of Landrock LLC and stated that the important public purpose for access through Gorey Brook Road is so that fire and ambulance vehicles can get in for emergencies that have occurred and may occur on the Landrock properties, the preserves, and State Parks. Michael Rockefeller stated that they have spent tens of thousands of dollars on improvements to Gorey Brook Road and that it is not right to be punished for all the good that has been done. Chairperson Hsu asked Clinton Smith what is required from the Planning Board to clarify their decisions for the public record. Clinton Smith stated that the Board needs to amend the Preliminary Subdivision Plat resolution to eliminate or amend the conditions that are in dispute regarding the status and use of Gorey Brook Road, and the note that is to be placed on the Final Subdivision Plat. Tara Rockefeller stated that there are several public access points to the park and preserve owned by the State of New York and the section of Gorey Brook Road in dispute is problematic because the Village does not own it in full. Discussion ensued on the language for condition numbers four and seven of the Preliminary Subdivision Plat resolution. Discussion ensued regarding the consistency of current vehicular use of Gorey Brook Road by Landrock; what will the Planning Board decide in regards to vehicular access and roadway improvement requirements; what type of barricade will be permitted for privacy restrictions on Gorey Brook Road; how will limitations of roadway use be enforced. David Steinmetz stated that the obligation to grant an easement extension for future Village utility connections needs to be addressed by the Planning Board and that his clients would grant an easement on their property for future utilities as requested. Discussion ensued regarding the recommended easement for possible future Village utility infrastructure. 7 (10/17/19) �William Null stated that he disagrees with the Board eliminating the applicant's rights to the vehicular use of Gorey Brook Road and asking the applicant to grant an easement for future Village utility infrastructures to a looped water main connection that is required to be installed at the sole cost of the applicant. Kersten Harries stated that the Boards intention is not to restrict the current use of Gorey Brook Road. Ms. Harries stated that the Board is clear in saying that their preference is to preserve the current uses of Gorey Brook Road and to keep the road accessible to public pedestrian and nonvehicular access. The concerns of the increased vehicular access is related to the proposed future development of the site. Their goal is to approve language that will allow the Preliminary Plat to be sent to the Westchester County Board of Health while leaving room to address decisions on the vehicle use restrictions of Gorey Brook Road during the Final Subdivision Plat approvals. Ms. Harries agrees with adopting the amended language for condition number four. If condition number seven is eliminated and the current condition of occasional vehicle use of Gorey Brook Road is permitted to remain, the issue would most likely arise again during future site plan applications when a secondary driveway for lot three is presented. When the vehicular use is proposed to increase, the road may be required to comply with Village standards. William Null stated that eliminating the right to the incidental and non-frequent use of Gorey Brook Road for the proposed lot three is not something that is necessary for the Village to impose on the applicant. Chairperson Hsu suggested that the Board amend and sign the Preliminary Plat resolution that was approved at the September 19, 2019 meeting to include condition number four as proposed by William Null and replacing condition number seven with the language stated in the James Natarelli's memorandum for the easement for future Village infrastructure. Clinton Smith stated that he will amend the Preliminary Plat resolution for conditions number four and seven as follows: 4. A note shall be placed on the plat which reads: "Ownership by Landrock, LLC of the underlying fee to the bed of Gorey Brook Road, as shown on this Subdivision Plat, is not determinative of any right to use of the roadbed." 7. Easement D shall be extended the entire length of Gorey Brook Road within the boundaries of Landrock, LLC. Motion was made to approve the preliminary plat resolution as amended. Moved: Chairperson Hsu Seconded: Lindsay Krakauer 8 (10/17/19) �Chairperson Marjorie Hsu - yes Ed McCarthy - yes Lindsay Krakauer - yes Kersten Harries- yes Erin Carney - yes Vote 5-0 APPROVED Chairperson Hsu solicited comments from the public regarding the final plat. There were no public comments. Motion was made to adjourn the public hearing to the November 21, 2019 meeting. Moved: Chairperson Hsu Seconded: Lindsay Krakauer Chairperson Marjorie Hsu - yes Ed McCarthy - yes Lindsay Krakauer - yes Kersten Harries- yes Erin Carney - yes Vote 5-0 APPROVED 2. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase I, amended site plan approval- Discussion Chairperson Hsu stated that the applicant requested adjournment to the November 21, 2019 meeting. 3. Jonathan Villani, 30 Andrews Lane, Proposed townhouse development - Presentation Jonathan Villani of Annunziata & Villani Design Consultants, Inc. is representing the owner of 30 Andrews Lane. Mr. Villani stated that they propose to construct nine townhome units in a two building layout with a driveway that provides circulation for emergency vehicles. Ubadah Abdullah is an engineer with Hudson Engineering & Consulting, P.C.. Mr. Abdullah stated that they propose to construct one four unit building and one five unit building to include one internal and exterior open lawn space for each unit. Limited access will be provided for firetrucks to get in and out of the site. Mr. Abdullah stated that if this site plan is considered by the Board, more details would be provided for next meeting. Chairperson Hsu solicited comments from the Board. Kersten Harries stated that although more open lawn spaces are proposed, there may be a design that could be better utilized for the future residents. The fa9ades of Building B that will face Andrews Lane are not in character with the adjacent properties on the street due to new proposed locations of the front yard open spaces and the false entry at the side elevation. Ms. Harries 9 (10/17/19) �stated that the bedroom levels of the floor plan are not designed for the best use of the space; the proposed balconies are accessed from the hallways and face the driveway and should be considered for design adjustments. Ms. Harries stated that the previous design seemed more in character with the neighborhood than the new design. Jonathan Villani stated that the orientation of the buildings is the obstacle for this project design. Mr. Villani stated that they would consider turning Building B to face Andrews Lane and adjusting the bedroom level floor plans. Kersten Harries asked if the side yard set-backs at Building A would allow for five units to be constructed and rotating the Building B orientation and constructing four units. Jonathan Villani stated that the current ten foot side yard set-back would not allow for changing the configuration in the number of units for Building A. Ed McCarthy asked if any variances are required for the development. Jonathan Villani stated that the proposed buildings are in compliance with the Village Zoning Code. Mr. Villani stated that permission is required to allow the emergency vehicles to pass through the site into the parking lot on Elm Street. Ed McCarthy asked if the Village Board has approved the use of the municipal parking lot for the emergency vehicles. Jonathan Villani stated there have been discussions with the Village Board on the special approval required. Sean McCarthy asked Mr. Villani to calculate if the option of constructing five units in Building A and four units in Building B will comply with the setback requirements. Mr. McCarthy suggested turning the orientation of Building B and staggering the units so that the backyards will be more private from the street. Ed McCarthy asked for the proposed heights of the buildings. Jonathan Villani stated that the proposed heights of the buildings are 39 feet. Kersten Harries asked for the height of the existing structure on site. Jonathan Villani stated that the roof heights are consistent for the existing and the proposed buildings. Erin Carney suggested that the landscapes for the common open spaces be designed to be more inviting for gatherings of the residents and visually appealing from Andrews Lane and the Village Community. Ms. Carney suggested that the architectural designs for the buildings should be considered to allow for potential energy efficiency options, such as solar roof panels. 10 (10/17/19) �Chairperson Hsu stated the renewable energy options are a marketing point for lower operating costs. Jonathan Villani stated that he will discuss the suggestions with his client as to whether or not this is something to be considered as part of the initial construction or an option to the potential buyer. Lindsay Krakauer stated that there are more options for garbage storage in this design and asked Mr. Villani what is planned. Jonathan Villani stated that residents will store their garbage in their units prior to the scheduled pick up day and there will be a designated collection area. Edward McCarthy asked where the residents will park. Jonathan Villani stated there will be two parking spaces provided for each unit, one inside the garage and one in the driveway. Ed McCarthy asked if there will be additional parking spaces available for guests. Jonathan Villani stated that open space would have to be eliminated to create additional parking and that they are in compliance with the parking requirements. Mr. Villani stated that they will consider adding two extra parking spaces on the site to compensate for the two spots eliminated on Andrews Lane for the firetruck access. Kersten Harries suggested that bicycle storage racks be added in the common open space areas. Kersten Harries asked if there is parking spaces or a driveway along the municipal parking lot line and is it wide enough for a firetruck to fit. Sean McCarthy stated that there is a driveway along the parking lot and there is access for a firetruck. Jonathan Villani stated that they will work on the suggestions from the Board and present more details at the next meeting. 4. Approval of minutes- September 19, 2019 Motion was made to approve the September 19, 2019 minutes. Moved: Harries Seconded: Krakauer Chairperson Marjorie Hsu - yes Ed McCarthy - yes Lindsay Krakauer - yes Kersten Harries- yes Erin Carney - yes 11 (10/17/19) �APPROVED Vote 5-0 Motion was made to adjourn the meeting at 9:57 PM. Moved: Harries Seconded: Krakauer Vote 5-0 Respectfully submitted, PaAvLeJa' At^M Pamela Kroll Secretary to the Planning Board 12 (10/17/19) � 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-2019 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_2019-10-17 Subject The topic of the resource Planning Board Minutes & Resolutions-2019 Date A point or period of time associated with an event in the lifecycle of the resource 2019 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