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                  <text>RESOLUTION
Adopted at the December 20,2018 Meeting of the
Village of Sleepy Hollow Planning Board
RESOLUTION:

SITE PLAN AND PRELIMINARY SUBDIVISION PLAT APPROVAL

PROPOSED:

Edge on Hudson Phase 2

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 preliminary plat approval (the "Application") pursuant to the Village
Zoning Ordinance, Article X, Site Plan review, and to applicable laws and regulations considered
pertinent to the Application, for Phase 2 (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, Phase 2 includes the following: subdivision of an approximately eight (8) acre
portion of the 64.5± acre West Parcel into two (2) lots and sections of roadway rights-of-way to be
dedicated to the Village; site plan approval for 343 residential units consisting of Block F (previously
known as Block F/G) with 246 apartment units supported by 426 parking spaces; Block H, with 97
condominium units and 7,160 square feet of retail/restaurant space supported by 232 parking spaces;
on-street parking for 78 vehicles; and approximately 0.86 acres of open space consisting of the Block H
portion of the waterfront open space system (collectively the "Proposed Action" or "Phase 2"); and
WHEREAS, the Application is in furtherance of the June 7, 2011 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 an
Environmental Findings Statement issued on July 24, 2007, and an Amended Environmental Findings
Statement issued on January 25, 2011, (collectively "Environmental Findings") 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 approval of the Special Permit and RDCP, 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);

�WHEREAS, the Planning Board reviewed and considered the Application at its meetings on
8/16/18, 9/6/18 (work session), a 9/12/18 site visit, 9/13/18 (work session), 10/11/18 (work session),
10/18/18 (regularly scheduled meeting) and 11/08/18 (work session); and,
WHEREAS, on 12/20/18 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; and
WHEREAS, the proposed site plan was reviewed and comments sought from the Village's
Highway Superintendent and Police and Fire Departments; and,
WHEREAS, the Planning Board has reviewed the following materials:
•

Application for Site Plan and Subdivision Approval, 7/31/18 prepared by Kimley-Horn of
New York, P.C. (KHNY).
Partial Topographic Survey prepared by Control Point Associates, Inc. dated 12/1/17.
Site Plan Set prepared by KHNY dated 7/31/18, last revised 9/21/18 unless otherwise
note, consisting of the following:

•
•

a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
I.
m.
n.
0,
p.
q.
•
•
•
•
•
•
•
•
•

Cover Sheet, KHNY;
Key Plan and Legend, KHNY;
General Notes, KHNY;
Parking and Paving Plan, KHNY;
Preliminary Subdivision Plan, KHNY, 9/5/18
Grading Plan, KHNY;
Road Profiles, KHNY;
Utility Plan, KHNY;
Sanitary Sewer Profiles, KHNY;
Water Main Profiles, KHNY;
Erosion and Sediment Control Plan and Notes, KHNY;
Erosion and Sediment Control Details, KHNY;
Streetscape Planting Plan, KHNY;
Streetscape Planting Notes and Details, KHNY;
Site Details, KHNY;
Emergency Vehicle Maneuvering Plan, KHNY; and
Partial Topographic Survey, Control Point Associates.

Phase 2 Site Plan Approval Application Architecture and Landscape Architecture,
prepared by Hart Howerton (HH), dated 7/31/18;
Overall Subdivision Plat, prepared by Control Point Associates, dated 9/5/18;
9/24/18 supplemental submission from KHNY
10/18/18 supplemental submission from KHNY;
Phase It Plant List, dated October 2018, prepared by HH;
Edge on Hudson Lighting Concepts submitted 11/7/18 prepared by KGM Lighting,
supplemented on 11/13/18;
Phase Signage Plan and Precedents, dated 11/6/18 prepared by HH:
Review memos dated 10/18/18 from Woodard &amp; Curran Engineering;
Review memos from the Village Architect dated 8/14/18,10/11/18 and 11/7/18;

�•
•
•
•

Review memos dated 8/15/18 and 11/8/18 from Planning &amp; Deveiopment Advisors;
Letter from IVIayor Kennetli G. Wray dated 10/31/18 regarding Housing; Certificates of
Occupancy; Waterfront Open Space improvements;
Letter from Mayor Kenneth G. Wray dated 10/31/18 regarding Housing; Certificates of
Occupancy; Beekman Avenue and Pocantico Street; and
Letter from Mayor Kennetli G. Wray dated 10/31/18 regarding Housing; Certificates of
Occupancy; Beel&lt;man Avenue and Broadway

WHEREAS, pursuant to 6 NYCRR Part 617, the SEQRA regulations, the Planning Board has
conducted the following activities:
1.
2.

Received a completed application and application fee; and
Requested, received and considered comments from the Village Engineer, Village
Attorney, Village Planner and Village Architect about the proposed Phase 2 which were
provided in written form or discussed with the Board during the course of the Planning
Board meetings.

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;

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 Applicant made a detailed presentation
of the comparison between the RDCP and the proposed Phase 2 site plan in their
7/31/18 submission and as part of a formal presentation to the Planning Board during a
regularly scheduled Planning Board meeting. After review of both plans, the Planning
Board finds that, while there may be minor variations between the proposed Phase 2
site plan and the RDCP (e.g., configuration of Block F Building, creation of more
substantial plaza for Block H at the roundabout, reconfiguration of the Block H Building),
the Phase 2 site plan Is In keeping with the spirit and Intent of the RDCP;

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;

4.

Considered the Applicant's site phasing plan compared to that discussed in the July 24,
2007 Environmental Findings Statement 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 the Environmental Findings Statement allows
for flexibility in the proposed sequence of building construction; 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 2 site plan is one which minimizes
or avoids adverse environmental effects to the maximum extent practicable; including
effects disclosed in the environmental impact statement and Environmental Findings;

3.

Consistent with social, economic and other essential considerations, to 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.

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 said Application is 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 and preliminary subdivision plats for lots 6.1 and 6.2 as shown on the Preliminary Subdivision
Plat dated 9/5/18, subject to conditions and modifications identified below:
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 2 buildings
within one year of the date of the adoption of this Resolution of 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. Extensions of this site plan approval may 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 Consulting Engineer to
determine that the list of items outlined in the Village consulting Engineer's 10/18/18
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 review memo last dated 11/7/18 have
been incorporated onto the site plan application.
4. Prior to the offer of dedication to the Village of public roads, public sidewalks, lighting in
public rights-of-way and landscaping in public rights of way, public utility lines for water and
sewer service, telecommunications, 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, telecommunications,
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 Block upon
the issuance of the Certificate of Occupancy for the last residential unit of that specific
development Block.
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 0 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
Blocl&lt;. 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 10/22/15. 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.
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 12/22/14 and recorded 12/24/14 and any further subdivision of
the East Parcel Is not within the Applicant's control.
11. No building permit for any project building (other than buildings that will be used for sales
models that may be constructed on the South Parcel) will be Issued prior to the temporary
improvement of the Beekman Avenue Bridge to an HS 25 standard with conditions as set
forth In the June 7, 2011 Special Permit, and the removal of the existing pedestrian bridge
over the Metro-North tracks. No Temporary or Permanent C of 0 for any project building
will be Issued prior to completion of the reconstruction and repair work on the Beekman
Avenue Bridge and the removal of the pedestrian bridge. A 7/30/18, correspondence from
the Village Mayor to Lighthouse Landing Communities, LLC further clarifies the requirements
the Applicant must meet with respect to the construction of the Beekman Avenue Bridge
and removal of the pedestrian bridge and the Issuance of Certificates of Occupancy for
Phase 1.
12. Completion of the Lot 2 portion of the Central Park open space shall be required prior to the
Issuance of any Temporary or Permanent C of 0 for any units in Buildings E-2 and E-3 or F
Building. Completion of the Lot 3 portion of the Central Park open space shall be required
prior to the issuance of any Temporary or Permanent C of 0 for any buildings in the J Block
fronting on the Central Park open space. The Village Green (Lot 10) shall be completed
prior to the Village's acceptance of the roundabout.
13. Prior to the Issuance of the Temporary or Permanent C of 0 covering the 300,000th square
foot of new development, the Applicant shall be required to complete the following traffic
improvement mitigation measures within the Village of Sleepy Hollow as referenced In the
June 7,2011 Special Permit.
a. Improvements to US Route 9 at New Broadway/Bedford Road, Beekman
Avenue/Hudson Terrace; and
b. Improvements to Beekman Avenue at Pocantico Street.
Correspondence from the Village Mayor to Lighthouse Landing Communities, LLC dated
10/31/18 further clarifies the requirements the Applicant must meet with respect to the

�installation of traffic improvements and the issuance of Certificates of Occupancy for Phase
1 and 2.
14. As a condition of the June 7, 2011 Special Permit, upon the installation of adjacent Roadway
A, the Village Green and waterfront open space up to the first belvedere (the Block H
Waterfront) will be improved with the hardscape elements installed and the areas to be
landscaped temporarily sodded or otherwise stabilized. No temporary or permanent
Certificate of Occupancy will be issued for Building IH until completion of the landside
landscape treatments for the Village Green and Block H Waterfront area, exclusive of inwater improvements. Permitting for the in-water improvements for the Block H Waterfront,
including but not limited to the pier, rip rap repair and belvedere, shall be diligently pursued
by the developer concurrent with site plan application to the Village associated with
Building H. Correspondence from the Village IVIayor to Lighthouse Landing Communities, LLC
dated 10/31/18 further clarifies the requirements the Applicant must meet with respect to
the completion of Block H waterfront improvements and the issuance of Certificates of
Occupancy for Block IH.
15. 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.
16. Consistent with the Environmental Findings and the Special 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.
17. All conditions identified in the Village Board's June 7,2011 Special Permit shall remain in full
force and effect.
18. 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 threedimensional 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.
19. Prior to the issuance of a building permit 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.

�PLANNING BOARD
VILLAGE OF SLEEPY HOLLOW

Date

I f c b o i ^ s ? /V ^ ^ A ^ / l x A z J U y ^ h e undersigned
OeiK/Oeputy aerk, do hereby certify diat the foregoing is
a tn« copy of an extract duiy adopted by the Boart of
-rtustees of the Village of Sleepy Hollow, on theiia^day
of^WLoJ^fea^—/ I ' Q J S - and of the whole thereof,
andl further certify that the same was entered into the
^ minutes of the meeting of said Boaid of Trustees held on
said date.
^ ^ ^
IN wnWESS WHEREOF, I havfi hereunto set my hand ^
ofRdal seajJW^ifLday nf hSU-o^. t ^ a ^ . 2 0 X 1 tferBpeputy Oerk

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