https://sleepyhollow.localarchives.org/files/original/6a9957ae0d641ab547dec0f672f361fc.pdf 84a787b26d3da3712bafe4c2198b3b9e PDF Text Text Village of Sleepy Hollow Planning Board Meeting July 18, 2019 The regular meeting was called to order at 8:00 PM by Acting Chairperson Kersten Harries. Present: Kersten Harries, Acting Chairperson Lindsay Krakauer Tom Andruss Ed McCarthy Absent: Marjorie Hsu, Chairperson 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) Arkady & Diana Selenow, 11 Pokahoe Drive, Proposed addition and alterations, Wetlands Watercourse Permit - Public hearing 3) Katarzyna Arencibia, 160 Harwood Avenue, Tree removal appeal - Discussion 4) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase III preliminary subdivision and roads and infrastructure site plan- Discussion 5) LL Parcel, I LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase I, Block-I site plan approval- Presentation 6) Approval of minutes - June 20, 2019 Kersten Harries 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: McCarthy Vote 4-0 William S. Null is a Partner with Cuddy & Feder LLP representing Landrock LLC for the proposed subdivision application. Mr. Null stated that revised plans were submitted to address the comments from the Village Engineer and the Fire Department. Mr. Null stated that the Fire Department requested that the driveway have a minimum width of twelve feet. Mr. Null stated 1 (7/18/19) �that there are two places where the grade exceeds a ten percent slope and they are located at the existing driveway for lot one, previously granted Site Plan approval by the Planning Board. Mr. Null stated that although they are fine with the condition that states any driveway leading to a house will have a maximum grade of ten percent, they do not intend to regrade the existing upper driveway if it does not lead to a house. Kersten Harries asked Mr. Null to point out the areas on the plan where the driveway grade exceeds the ten percent slope. Donna Maiello is a Senior Associate at Divney Tung Schwalbe, LLP representing Landrock LLC. Ms. Maiello presented the areas on the plan where the grade goes from eight percent to twelve percent at its steepest point. William Null stated that the area is at the ridge going back up to the south towards Ridge Street. It is the highest point of the site and that the house would be situated below the high point with the intentions to realign the driveway so that it does not come off the higher slope. Mr. Null stated there will be no impact created by the addition of two houses that necessitates the condition on the draft resolution to loop to the existing Village 12 inch water main system and to bear the cost to connect 1,400 linear feet at about $150,000.00. Mr. Null stated that Landrock LLC is willing to grant an easement onto Landrock's property to facilitate the Village making the loop. Mr. Null stated that they have examined the existing infrastructure for the Village and presented that the 12 inch water line runs along the northern edge of Rockefeller State Park, is not located on his clients property for a connection, and runs through Sleepy Hollow Road and out towards the direction of Phelps. Mr. Null stated that looping the water main will provide a municipal benefit but there are no related problems caused by this application that would justify the cost and loss of property rights that would be imposed on Landrock. According to the Westchester County Department of Health, dead ends should be minimized by making the appropriate tie-ins where feasible. Mr. Null stated that the additional cost to loop the water main system is not feasible for Landrock for the addition of two houses and requests that the condition be removed from the draft resolution and substituted with the condition to grant an easement to accommodate the looping to be facilitated by the Village. Tom Andruss asked what risks are associated with not looping the water main and if it more a public interest than a private interest. James Natarelli stated that dead ends are not desirable because they promote stagnation in the water main. Looping is better for the water quality because the water is constantly moving. In an emergency, if the water source is shut down from Webber Avenue, water can be brought into the property from the opposite direction. William Null stated that there is a hydrant at the top of the water line and the stagnation can be addressed by flushing the system on a regular basis. The potential dangers are not proportionate in relation to the costs that would be imposed on Landrock. Mr. Null referenced the case of Holmes v. the Town of New Castle to stating that there was no reasonable relationship test satisfied in which the community wide benefit imposed doesn't relate to any problem concerning this property itself. The application would be have to be approved by the Westchester County 2 (7/18/19) �Board of Health and an easement would need to be granted by New York State to go into the Park. The Village would be better equipped to facilitate the infrastructure with an easement granted by the Applicant for the Village's benefit. Kersten Harries asked Mr. Null to indicate on the plan how the 1,400 linear feet was calculated in relation to looping the 12 inch water main. Mr. Null presented the location of the existing hydrant in relation to the 12 inch water main. David Smith asked if there in only one location where the water main can be tied into. Mr. Null stated that the other possible tie-in location would be further away and on the Lydens property. Tom Andruss asked if the Village is susceptible to law suits if water could not be supplied to the proposed homes because of a break in the water lines. Clinton Smith stated that Village is not open to any liability. Lindsay Krakauer asked who would be responsible for flushing the hydrant. William Null stated that Landrock would be responsible for flushing of the hydrant. James Natarelli stated that the hydrant is a Village utility and that all permissions to work on Village infrastructures would need to go through the Village Water Department. Kersten Harries asked the consultants if the existing backflow and hydrant devices are sized to accommodate the proposed two additional houses. James Natarelli stated that the backflow and hydrant devices are sized appropriately to handle the development and to be a public main. Kersten Harries stated the condition numbers 2, 3, and 4, on the draft resolution, relate to comments from a review memo dated December 26, 2018 and are requested to be incorporated in the plan submitted for this application. David Smith stated that the review memo from the Village Architect, dated December 26, 2018, identified some points that have not been reflected on the plan. Kersten Harries stated that some of the points were addressed in the notes but they would like them incorporated in the plans. William Null stated that the Board can agree to approve the subdivision application and hold off on signing the final plat until the conditions have been addressed on the plan. Mr. Null reviewed the memo written by Sean McCarthy on December 26, 2018. Mr. Null stated that the formal subdivision plat that would be submitted to the County Clerk would not show house footprints or 3 (7/18/19) �driveway locations. These would be addressed during site plan approval for the houses. The areas that do not comply with the Code of the Village of Sleepy Hollow for maximum grade are at the existing driveway, of which they are not proposing to change. The capacity of the existing stormwater basin near the foot of the driveway has been addressed. Emergency access, in the event that the main driveway becomes impassable has been addressed with the proposed secondary driveway at Gorey Brook Road. The tie-in to the sanitary sewer system has been addressed. The preliminary plat indicates easements and restrictions. Kersten Harries stated that based on the discussion regarding looping the water main, the Board will not be able to make a decision for approval tonight. William Null requested that they close the public hearing. Clinton Smith stated that he does not recommend closing the public hearing. William Null asked if there is additional information or note changes requested to be submitted on the subdivision plat. Sean McCarthy stated that it may be helpful to provide documentation for the costs associated with looping the water main. Ed McCarthy asked for time frame to complete the work to loop the water main. William Null stated that he will provide documentation for costs and time associated with looping the water main. Motion was made to continue the public hearing for an August 22, 2019 pending availability from the Board members. Moved: Andruss Seconded: Krakauer Vote 4-0 2. Arkady & Diana Selenow, 11 Pokahoe Drive, Proposed addition and alterations, Wetlands Watercourse Permit - Preliminary presentation Tim Lener is the Architect representing the applicant and summarized the application. Mr. Lener stated that he verified the location of the Village storm pipe on site and confirmed that it runs as documented in Village maps from the 1920-1930s. Mr. Lener stated that they propose a one to one mitigation of the permanent impervious area that will remain by removing the existing vegetation and replacing with new wildlife appropriate plantings. Kersten Harries solicited comments from the Board. There were no comments from the Board. Motion was made to open the public hearing. Moved: Andruss Seconded: Krakauer 4 Vote 4-0 (7/18/19) �Kersten Harries asked how many of the proposed plantings species would be native verses nonnative. Abigail Adams is a Registered Landscape Architect and the owner of A2 Land Consulting, LLC representing the Applicant. Ms. Adams stated that all of the plantings proposed are New York native species and deer resistance materials. Clinton Smith stated that the Village has received responses from two members of the Tree Commission, who have an advisory role to the Board in this instance. Both members were in favor of granting the permit. The tree removals are not reflected in the resolution but if the Board passes the resolution the proposed tree removals and replacements will also be approved. Abigail Adams stated that there are four trees proposed for removal, that require a permit and there are eight trees proposed as replacement plantings. Ms. Adams presented the locations and species of the proposed tree plantings. Kersten Harries asked James Natarelli to explain the condition in the draft resolution regarding the work around the existing storm water pipe. James Natarelli read the conditions provided in the memo he prepared dated July 17, 2019 relating to the proposed work near the existing Village stormwater pipe. Tim Lener stated that they will add the notes to the site plan for submission. Kersten Harries solicited comments from the public. There were no comments from the public. Motion was made to close the public hearing. Moved: McCarthy Seconded: Andruss Vote 4-0 David Smith stated that the memo from James Natarelli, dated June 17, 2019, will be added to draft resolution on the list of materials reviewed by the Planning Board. David Smith read the conditions included in the draft resolution. Motion to approve the draft resolution as amended. Moved: Andruss Seconded: Krakauer Kersten Harries, Acting Chairperson - yes Tom Andruss - yes Ed McCarthy - yes Lindsay Krakauer - yes Vote 4-0 APPROVED 5 (7/18/19) �3. Katarzyna Arencibia, 160 Harwood Avenue, Tree removal appeal - Discussion The applicant requested an adjournment of the application. 4. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase III preliminary subdivision and roads and infrastructure site plan - Discussion The applicant requested an adjournment of this application. 5. LL Parcel, I LLC, Edge-on-Hudson Riverfront Development, 199 Beekman Avenue, Phase I, Block-I - Presentation Andrew Tung is an associate from Divney Tung Schwalbe representing the Applicant. Mr. Tung stated that LL Parcel I, LLC is an apartment living entity of Toll Brothers Inc. and now owns the property. Mr. Tung stated that they are requesting a six month extension of the Site Plan approval granted in May of 2018. Due to the finalizing of the designs and the transfer of property ownership, the permit applications were filed in June after the expiration of the Site Plan approval. Building Permit Applications have been submitted to the Building Department in four parts, for each building, to follow the program set up by Edge-on-Hudson to keep to the construction review process moving and follow the sequence of construction. Kersten Harries asked for a summary of the modifications made to the plans. Andrew Tung stated that the accessible entries have been added in the front and in the rear of Building I-1, the senior building, as per the condition on the original resolution. A small building, located at the back of the pool between Buildings I-2 and I-3, will now include a place to store pool house equipment, a dog wash for the tenants, and a men's and women's bathroom facilities. Kersten Harries stated that there were conditions in the previously approved resolution which required materials to be submitted to the Planning Board before Building Permits were granted. Andrew Tung stated that it was requested that the building fa9ade designs be brought to the Planning Board to review for consistency with the previously approved building facades. Mr. Tung presented a sample board to show a better representation of the medium red brick blend color proposed for the Block-I Buildings. Mr. Tung presented the elevations for the three Block-I buildings from the previously approved site plan and the new proposed plan to show the changes in the building fa9ade plane configurations due to the finalized designs of the apartment styles. Kersten Harris asked what materials are proposed in between the windows within the brick planes and in the grey areas. 6 (7/18/19) �Andrew Tung stated that the grey materials are fiber cement panels and the material in between the windows are corrugated metal panels. Metal pergolas and grilles are proposed for the top and lower levels along with metal window headers and canopies at the building entrances. Kersten Harries requested that this information be submitted to the Board and presented at a future meeting. Ms. Harries requested that an updated site plan be submitted to show the progress of the site utility structure locations. James Natarelli requested that the engineering conditions from the previously approved resolution be addressed and incorporated for a submission to the Planning Board. Motion was made to approve a six month Site Plan extension from May 16, 2019 to November 17, 2019 and to waive the public hearing. Moved: Harries Seconded: Andruss Kersten Harries, Acting Chairperson - yes Tom Andruss - yes Ed McCarthy - yes Lindsay Krakauer - yes Vote 4-0 APPROVED It was requested that the applicant appear at the August 22, 2019 meeting to present the updated and requested submissions. 5. Approval of minutes- June 20, 2019 The June 20, 2019 minutes were tabled to the August 22, 2019 meeting Motion was made to adjourn the meeting at 8:55 PM. Moved: Andruss Seconded: Krakauer Vote 4-0 Respectfully Submitted, Pamela Pengelski Secretary to the Planning Board 7 (7/18/19) � 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_2019-07-18 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