https://sleepyhollow.localarchives.org/files/original/7090f8ef3d7d78b6436dc488ac37a158.pdf 2f788f81fe55f311a0ce4e4c8ec0efbe PDF Text Text Village of Sleepy Hollow Planning Board Meeting September 19, 2019 The regular meeting was called to order at 8:00 PM by Chairperson Marjorie Hsu Present: Marjorie Hsu, Chairperson Lindsay Krakauer Kersten Harries Tom Andruss Ed McCarthy Erin Carney Matthew Brennan 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 Agenda: 1) Landrock LLC, 231 Webber Avenue, Proposed subdivision- Continued public hearing 2) KWD Realty, Inc., 309-315 North Broadway, Amended site plan- Amended resolution 3) LL Parcel I LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase I, Block I site plan approval - Discussion 4) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase I amended site plan approval - Presentation 5) Approval of minutes - August 22, 2019 Chairperson Hsu read the agenda. 1. Landrock LLC, 231 Webber Avenue, Proposed subdivision- Continued public hearing Motion was made to reopen the public hearing. Moved: Andruss Seconded: Krakauer Vote 7-0 William Null is a Partner with Cuddy & Feder LLP representing Landrock LLC for the proposed subdivision application. Mr. Null stated that there a couple of points in which the grade of the proposed secondary driveway is over 14 percent. Mr. Null stated that although the secondary driveway on Gorey Brook Road has been identified as secondary means of emergency egress, it is not necessary for emergency access purposes. Donna Maiello is senior associate and landscape architect with Divney Tung Schwalbe LLP. Ms. Maiello presented the locations on the existing Gorey Brook Road driveway to show where the 1 (9/19/19) �grade changes range from 14 percent to 5.6 percent. Ms. Maiello stated that the existing widths of the driveway are 10 feet and 12 feet. William Null stated that the applicant proposes to loop the water main down the driveway and north to what was formally known as David Rockefeller's property; subject to obtaining an easement with New York State or the current owners of the property. Mr. Null stated that they assume they will corporate and the Village will offer assistance. Mr. Null stated that he has been provided with a draft of a resolution. There was a question at the last meeting as to why the plat did not show a no boundary line between Gorey Brook Road and the Landrock parcel or the Lyden parcel. Mr. Null stated that a hard property line was not shown because the underlined fee is indisputably owned by Landrock as well as the corresponding section is owned by the Lydens. Mr. Null stated that he would work with Clinton Smith to add an appropriate note on the plat plan to state that the use of Gorey Brook Road and whether or not it is a public road is in dispute. Mr. Null stated that the applicant is not comfortable stating the Gorey Brook Road is a public right-of-way and does not want the road to be opened up for vehicular traffic. Gorey Brook Road has not been maintained as a public right-of-way for decades but has been used for vehicular traffic for 60-70 years. Mr. Null stated the applicant requests that the condition number 7 on the draft resolution be removed. Village standards would require for the road to be 24 feet wide and be paved. Paving the road would require approvals for new drainage infrastructures and further disturbance going down to the Croton Aqueduct. Gorey Brook Road has always been a dirt road that has been used, on occasion as a driveway, for access to the Rockefeller properties and the cost to improve it to Village standard as a public road should not be imposed on the applicant. Chairperson Hsu asked David Smith to read the specific language related to the Village standard. David Smith read condition number 7 as stated on the draft resolution prepared and shared with the applicant: If Gory Brook Road is used for other than emergency purposes 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. David Smith stated that there are Village standards for roads and there are also Village standards for driveways. Mr. Null has indicated that Gorey Brook Road is to be used as a driveway so perhaps the Village driveway standards could be specified directly. Mr. Null asked for an explanation of the Village driveway standards. Sean McCarthy stated that the road would be required to have the same standards proposed for the driveway coming off of Webber Avenue. Mr. Null stated that if the driveway is required to have a grade no greater than 10 percent and a width of 12 feet, the existing Gorey Brook road fits the requirements. Kersten Harries asked what section of the Gorey Brook Road access is in question. William Null stated that the condition applies to the section of Gorey Brook Road from where 2 (9/19/19) �the chain is located and north of the Landrock property. Mr. Null stated that this section of Gorey Brook Road also includes land that is owned by the Lydens and is not subject to the proposed subdivision. Chairperson Hsu asked if the Gorey Brook Road incidental driveway access would be used more frequently than the current uses once the property has been developed. William Null stated they propose to use Gorey Brook Road as an alternative driveway for Lot 3 but does not anticipate a significant change in the volume of vehicular traffic. Mr. Null believes the condition number 7 should be eliminated from the draft resolution since the current conditions of the road meet Village standards. Gorey Brook Road is a private driveway and he doesn't believe the grade can be changed to less than 10 percent on a hill without significant work. Sean McCarthy stated that the existing driveway path off Gorey Brook Road does not meet the standards of a driveway. In order to provide driveway access, Gorey Brook Road would have to be improved as per the standards provided for the driveway off Webber Avenue if it is to be used for vehicular purposes on a regular basis. Mr. McCarthy stated that the current condition of Gorey Brook Road from the chain, north to the Landrock property, would have to be confirmed that it meets Village driveway standards. Mr. McCarthy stated that there are several areas where the road is eroded and the width does not allow for two cars to pass. Discussion ensued on the verbiage alternatives to the condition number 7 on the draft resolution relating to the use of Gorey Brook Road. Chairperson Hsu directed Clinton Smith and David Smith to work with William Null to revise the condition verbiage to align with the intentions of Board. William Null asked if the Board approves changing condition number 4 on the draft resolution by adding a note to the subdivision plat that states "There is a dispute regarding whether Gorey Brook Road is a public right-of-way" or "This plat shall not be deemed to indicate that Gorey Brook Road is not a public right-of-way". Chairperson Hsu directed Clinton Smith and David Smith to work on verbiage changes on condition numbers 4 and 7 of the draft resolution. William Null consulted with the Lyden's attorney and requested that the Board remove condition number 4 and the notes on the plat and postpone the discussions of the Gorey Brook Road right-of-way until future site plan approval applications, as to not affect the marketability of the property. Clinton Smith stated that it was the Boards intention to confirm and identify how the ownership of the land and the public use of the roadway on Gorey Brook Road is presented on a filed 3 (9/19/19) �subdivision plat. William Null stated that the proposed note on the plat would affect property that is owned by Landrock and the Lydens and is not a subject of the subdivision application. David Steinmetz is a Partner at Zarin & Steinmetz Attorneys at Law representing Dr. John and Carol Lyden. Mr. Steinmetz thanked William Null for sharing the draft resolution with them tonight. Mr. Steinmetz stated that the Lydens do not object to the Landrock subdivision application and that they share the objections from William Null regarding the conditions discussed. Mr. Steinmetz requested, on behalf of his clients, that conditions number 4 and 7 be removed from the draft resolution and that Gorey Brook Road should remain as it is. Mr. Steinmetz requested that the Board does not adjudicate the rights of his clients. Discussion ensued on the appropriate language for conditions 4 and 7 on the draft resolution in efforts to address the ownership, use, and required improvements of Gorey Brook Road. William Null asked for the Board to approve the preliminary plat tonight and be permitted to come back for final plat approval at the next meeting with intentions to resolve the condition issues and to include the water main looping on the plat. Motion was made to close the public hearing. Moved: Krakauer Seconded: Andruss Vote 7-0 Motion was made to adopt the preliminary plat resolution as amended to delete condition number four and amend condition number seven to read: If Gory Brook Road is used by vehicles for other than emergency purposes on 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. Moved: Krakauer Seconded: Andruss Chairperson Marjorie Hsu - yes Tom Andruss - yes Ed McCarthy - yes Lindsay Krakauer - yes Kersten Harries- yes Eric Carney - yes Matthew Brennan - yes Vote 7-0 APPROVED William Null requested for the Board to schedule a public hearing for the final subdivision plat for the next meeting. Mr. Null stated that they need to design the water main looping for the Westchester County Health Department to review. 4 (9/19/19) �James Natarelli stated that they should submit the plat to include the water main work for his endorsement before it is submitted to the Westchester County Board of Health for their review. Mr. Natarelli requested that they include the location of the easements, the status of the easements, and who they benefit on the final plat. William Null stated that there will be a municipal water easement and that the utility easements will be bundled. James Natarelli stated that there are access easements, public easements, and private utility easements. All easements should be called out on the map for water, sewer, and all utilities specifying the uses and limits. Motion was made to schedule a public hearing for a final subdivision plat approval for October 17, 2019 Moved: Harries Seconded: Krakauer Vote 7-0 2. KWD Realty, Inc., 309-315 North Broadway, Amended site plan- Amended resolution Karl Dibble is the owner of the property located at 311-315 North Broadway. Mr. Dibble requested that the language using the word residential be removed from the resolution adopted at the May 16, 2019 meeting for the amended site plan approval. Mr. Dibble stated his business is open for residential and commercial customers and that it would be hard to monitor whether or not job spoil materials are from a commercial or residential project. Chairperson Hsu solicited comments from the Board. Tom Andruss asked if the wording refers to the material in the recyclable storage bins and requested that someone read the sections where it appears in the resolution. Clinton Smith read the sections of the approved resolution where the word residential job spoils is written. Matthew Brennan asked what type of materials are typically received from a commercial verses a residential job. Karl Dibble stated that commercial and residential materials are often the same materials whether they are from a commercial Village property, a multi-family residence, or a singlefamily residence. Material is checked and monitored when it comes in for any possible containments. Motion was made to amend the resolution as discussed. Moved: McCarthy Seconded: Krakauer Chairperson Marjorie Hsu - yes Tom Andruss - yes 5 (9/19/19) �Ed McCarthy - yes Lindsay Krakauer - yes Kersten Harries- yes Eric Carney - yes Matthew Brennan - yes Vote 7-0 APPROVED 3. LL Parcel, I LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase I, Block-I - Discussion Andrew Tung is an associate from Divney Tung Schwalbe representing the Applicant. Mr. Tung stated that he is there to satisfy the conditions of the site plan approval of Block-I. At the last meeting it was proposed to use a corrugated metal panel under the windows and wood tiles on the side of the penthouse stair towers and at the building entries. Based on the concern raised by a member of the Board, the architect has reconsidered and redesigned the proposed fa9ade materials to include flat metal panels under the windows, fiber cement boards at the stair towers, and brick at the entries. Kersten Harries stated that she believes that the new fa9ade materials proposed will provide a better design and stated that she appreciates the efforts from the applicant. Chairperson Hsu stated that there had been discussions regarding the shielding of the utilities and the Con-Ed transformers. Andrew Tung stated that the Con-Ed transformer boxes are proposed to be set back from the road and installed so they open towards the rear allowing screening in front of them. A row of plantings is proposed for additional screening of the transformer boxes. Mr. Tung stated that he received the suggestions from David Smith to install a 'greenscreen' trellis system in order to provide additional depth and height to the screening of the utility boxes. Mr. Tung stated that this product will not provide a better screening solution due to the seasonal weather conditions of the site. He presented exhibits to show examples and to demonstrate why the proposed evergreen shrubbery plantings will provide better screening for the transformer boxes. Chairperson solicited comments from the Board and consultants. There were no comments from the Board or consultants. Chairperson Hsu stated that that the larger concern was protecting the Verizon communications cabinet from harm. Andrew Tung stated that the applicant proposes to install wooden guard rails in front of the line of hedges behind the curb, to provide additional protection for the Verizon communication cabinet. Chairperson Hsu asked how much force are the wood guard rails designed to sustain. 6 (9/19/19) �Andrew Tung stated that they are designed to take a straight-on blow from a garbage truck, but that is not likely to happen. Chairperson Hsu stated that her concern is that if an accident happens 1,177 residents will be without broadband communications and television. Chairperson Hsu asked if Mr. Tung feels that the guard rails are sufficient protection for this type of single point failure. David Sands is the Senior Project Manager for Toll Brothers Apartments Living and stated that Verizon will own and install the equipment. Mr. Sands stated that Verizon is comfortable with the location and will be responsible for repairs or replacement. Andrew Tung stated that the equipment will be well protected as the area will be curbed and have a rail in front of it. Andrew Tung stated that the proposed exterior facades and landscape changes satisfy the conditions of the resolution and requested approval from the Board. David Smith stated that the Board has a draft resolution indicating that the applicant has satisfied conditions number 2 and 23 from the previously approved site plan approval resolution. The draft resolution also indicates that the conditions that were identified as a part of the Village Board's Special Permit, adopted in 2011, and the Planning Board's approval of the May 2018, site plan application remain in full force and effect. Chairperson Hsu asked David Smith if the draft resolution incorporates the change from tonight's meeting. Andrew Tung stated that the most recent presentation submission was submitted to James Natarelli to satisfy an earlier review memo. David Smith stated that the resolution approval will be based on the documents presented at tonight's meeting. Chairperson Hsu solicited comments from the Board and consultants. There were no comments from the Board or the consultants. Motion was made to approve the resolution as amended. Moved: Brennan Seconded: McCarthy Chairperson Marjorie Hsu - yes Tom Andruss - yes Ed McCarthy - yes Lindsay Krakauer - yes Kersten Harries- yes Eric Carney - yes Matthew Brennan - yes 7 (9/19/19) �Vote 7-0 APPROVED 4. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase I amended site plan - Presentation Andrew Tung is an associate from Divney Tung Schwalbe representing the Applicant. Mr. Tung stated they propose to amend three site work components of the Phase I Site Plan. The first proposed amendment is at the east end of the Tappan Zee Park that extends to the open waterfront space. The original concept plan, approved in 2015, included a plaza and an accessory structure to provide storage of movable furniture and restroom facilities. In progression of the design of the open water space, a reorganization of the amenities is proposed. Peter Chavkin from Lighthouse Landing Communities presented a proposed waterfront public open space plan and stated most of the residents and general public will be drawn to the waterfront open spaces verses the interior parks and that a public restroom will not be needed in the Tappan Zee Park. The Boathouse structure is planned to have a public restroom facility. It is also the expectation that the hotel interphase area of Block-R will have publicly accessible restrooms. Peter Chavkin presented an overview of the preliminary plans being discussed with the Open Space Committee for the promenade area, the overlook area, and the Palisades Green area. Chairperson Hsu asked if there will still be a storage structure in the Tappan Zee Park plaza. Andrew Tung stated that the building structure is planned to be eliminated and replaced with an additional tree for a total of 6 trees with benches. Peter Chavkin stated that the plaza area is proposed to be constructed entirely of the decomposed granite or gravel in lieu of lawn and granite pathways allowing for a different type of Village gathering in the park. Chairperson Hsu asked what happened to the movable furniture storage and the bike rack. Peter Chavkin stated the bike rack remains and the movable furniture storage will be eliminated at this space. Future plans may include movable furniture storage at the promenade. Kersten Harries asked what is planned for the other sides of the Tappan Zee Park. Peter Chavkin stated that convenience retail spaces are expected to be located in Block A-B at the corner end of the park along at the edge at Legend Drive. Kersten Harries asked where the nearest public restroom would be located in relation to the park. Peter Chavkin stated that he expects that a grocery store would provide public restrooms. Restrooms may also be available in the lobby of the Block-F multi-family residence building. 8 (9/19/19) �Ed McCarthy asked if the concerns related to providing extra available parking for the retail stores have been considered. Peter Chavkin stated that the on and off-street parking requirements will be further discussed when the retail spaces come before the Planning Board for site plan approval. Ed McCarthy stated that retail stores will not survive unless there is enough parking for residents outside of the Edge-on-Hudson community. Peter Chavkin stated the second item proposed for a revision is the Roundabout at Beekman Avenue and River Street. Mr. Chavkin stated that what has been built is as per the original approved site plan. David Smith stated that it was built to the approved specifications but that there was always an understanding that the Board could go back and revisit how the area could be enhanced in design. Peter Chavkin presented the proposed design change to the roundabout including a rendering of the prospective view driving from Beekman Avenue. Matthew Brennan asked if these are cosmetic changes only and do they provide a function or affect traffic flow. Peter Chavkin stated that the design changes are for aesthetics and do not change the traffic flow. Erin Carney asked if the wall is higher on one side. Peter Chavkin stated that the renderings show how the wall feathers into the ground. Tom Andruss asked who would be responsible for maintaining the green space. Peter Chavkin stated the Village would be required to maintain public spaces as per the Special Permit. Chairperson Hsu stated that she doesn't see the visual "Wow" factor in the proposed design as the first thing you see when coming into the development. Peter Chavkin stated the concept was to be integrated into the community and that the center of the traffic circle should be elegant and understated. The "Wow" factor of the development will be the buildings and the river views. David Smith asked Peter Chavkin how much of an investment is being made into this site. Peter Chavkin stated that the investment is hundreds of millions of dollars. 9 (9/19/19) �David Smith stated that is it over a billion dollars and asked if the best they could come up with was locally sourced rocks and some wild flowers. Peter Chavkin stated that they are very happy with the design. David Smith stated that he thinks that they could come up with something better and does not think they have made a statement coming from Beekman Avenue. Perhaps the meeting with the Public Space Committee to come up with design concepts in conjunction with the Beekman Avenue Bridge didn't happen. Mr. Smith stated that he has provided examples of other roundabout designs and he thinks they are falling short with this design. Peter Chavkin stated that the design has been presented to the Public Space Committee and believes they have their vote of confidence and approval on the design presented. The stone work is being tied to the stone on the bridge and the village green of which provided an elegant continuity that attracted them to this design. Andrew Tung stated that there was a temporary turnaround on Legend Drive that passes through Block-I cul-de-sac on the approved Phase I Site Plan that has not been constructed. It is not required for access to the parking lot and may not be needed for infrastructure connections to Phase III. It is requested that it be eliminated from the Phase I Site Plan approval. Peter Chavkin stated that they will address the need for the roundabout connectivity during the first phase of the Phase III infrastructure once that plan is approved. Chairperson Hsu asked if there is anything preventing you from extending the road to the permanent roundabout location as part of Phase I. Peter Chavkin asked Craig Tompkins if there was also a surcharge reason that would prevent the extension to be completed in Phase I. Craig Tompkins stated that where the roundabout it proposed in Phase III, there is a need for eight feet of fill required to create the road. They anticipate having the roadway extension completed in conjunction with the completion of the I-Buildings. Sean McCarthy stated that the anticipated construction time for the three I-Buildings completion is within the next 20 months and that the Board would request the final spot for the cul-de-sac to be built by then or at least the temporary roundabout so that residents would not have to go through the parking lot. At the current stage of the project, the connection is not necessary until the buildings are completed. Peter Chavkin stated that if they were given site plan approval to complete the portion of the Phase III roads and infrastructure, they could start the process during Phase I. Chairperson Hsu asked if any action is required by the Board at this presentation. 10 (9/19/19) �Sean McCarthy stated that it is at the Boards discretion to determine the degree of review for the proposed changes, and if the Board would prefer breaking them up as individual decisions. The Board will need to decide if they see cause to schedule another public hearing or to treat the application as an amendment to the original Phase I Site Plan approval. Chairperson Hsu stated that she agrees with extending the roundabout to its permanent location in order to extend the streets to give residents a sense of the end state while also providing greater access to Kingsland Point. Chairperson Hsu stated that if there is a public restroom planned in Block-A, she agrees with the elimination of the accessory structure in the Tappan Zee Park. Chairperson Hsu stated that the applicant has her opinion on the roundabout at Beekman Avenue and River Street but she is not sure how the rest of the Board feels. Kersten Harries asked how the natural slope of Beekman Avenue incorporates with how the height of the roundabout walls are perceived upon approaching it. Andrew Tung stated that the slope on Beekman Avenue down to the river is less than a foot. Lindsay Krakauer stated that while she appreciates the natural elements proposed for the mixed medium of the roundabout, the proposed design seems to be a missed opportunity. Peter Chavkin asked the Board if they have any suggestion on what they would like to see designed for the roundabout. Lindsay Krakauer stated that she would like to see more height dimensions to draw a visual interest without blocking the river view. Chairperson Hsu asked if the design was created by Hart Howerton. Peter Chavkin stated that Hart Howerton designed the proposed roundabout. Andrew Tung asked the Board if they would consider the approval of the first two requested changes and extend the discussion for the island design. Clinton Smith asked if the Board is going to consider approval of the roadway in front of the IBuildings and the elimination of the structure in the Tappan Zee Park without a public hearing. Chairperson Hsu stated that she is comfortable as long as Clinton Smith is comfortable. Sean McCarthy agreed that the two changes are a minor amendment to the Phase I Site Plan. David Smith stated that he will prepare a resolution to reflect the approvals. 4. Approval of minutes- August 22, 2019 11 (9/19/19) �Chairperson Hsu suggested to review the meeting tape regarding the Landrock application to clarify the statement from William Null about the ownership of Gorey Brook Road relevant to the Croton Aqueduct. Motion was made to approve the August 22, 2019 minutes as amended. Moved: Andruss Seconded: Krakauer Chairperson Marjorie Hsu - yes Tom Andruss - yes Ed McCarthy - yes Lindsay Krakauer - yes Kersten Harries- yes Matthew Brennan -abstained Erin Carney - abstained Vote 6-0-2 APPROVED Motion was made to adjourn the meeting at 10:15 PM. Moved: Harries Seconded: Andruss Vote 7-0 Respectfully submitted, Pamela Pengelski Secretary to the Planning Board 12 (9/19/19) � 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/. 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