https://sleepyhollow.localarchives.org/files/original/c5eb9b2db1f65664814ca40c8e6a9cd4.pdf bc89e6782e714547f6cb74e3718a81a4 PDF Text Text RESOLUTION Adopted at the October 18,2018 Meeting of the Village of Sleepy Hollow Planning Board RESOLUTION: AMENDED FINAL SUBDIVISION PLAT APPROVAL PROPOSED: Edge on Hudson Phase 1, Block E LOCATION: 199 Beekmsn Avenue TAX MAP DESIGNATION: Section 115.10-1-1 (West Parcel) and 115.15-1-1 (South Parcel) ZONING: RF - Riverfront District WHEREAS, by resolution dated June 7, 2011, the Board of Trustees of the Village Sleepy Hollow granted to General Motors LLC Special Permit approval and Riverfront Development Concept Plan approval, for the redevelopment of the former North Tarrytown General Motors Assembly Plant site located at 199 Beekman Avenue to be known as Edge on Hudson (also known as the West Parcel and the South Parcel, collectively the "Site") (the "Project"); and WHEREAS, subsequently, title of the Site was transferred to Lighthouse Landing Communities LLC; and WHEREAS, in connection with such approvals, the Project 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 Findings Statements issued on July 24, 2007, and on January 25, 2011, 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 Special Permit, 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); and WHEREAS, Lighthouse Landing Communities LLC then applied to the Village of Sleepy Hollow Planning Board (the "Planning Board") for site plan and preliminary subdivision approval for Phase I of the Project pursuant to the Village Zoning Ordinance, Article X, Site Plan review, and Chapter 425 of the Village Code, Subdivision of Land, and to applicable laws and regulations considered pertinent to the Application; and WHEREAS, the initial application to the Planning Board proposed the following: subdivision of an approximately 24 acre portion of the 64.5± acre West Parcel into ten lots and sections of roadway rights-of-way to be dedicated to the Village; 306 residential units (Block 1:40 affordable senior housing �units, and 148 rental units of which 21 are workforce housing; Block E: 46 condominium units; Block J: 72 townhouse units); and approximately 2.17 acres of open space consisting of the Village Green (± 0.782 acres), and portions of the Central Park (Lot 2:±0.543 acres; and Lot 3: ± 0.84S acres) (collectively "Phase 1"); and, WHEREAS, by Resolution adopted October 22, 2015, the Planning Board granted site plan and preliminary subdivision plat approval to Lighthouse Landing Communities LLC for Phase 1; and, WHEREAS, Lighthouse Landing Communities LLC submitted an application for Final Subdivision Plat approval and the Planning Board subsequently granted approval on January 18, 2018; and WHEREAS, Lighthouse Landing Communities LLC wishes to sell off certain portions of the Phase 1 development to selected developers for construction of the buildings and associated amenities including parking and landscaping; and WHEREAS, pursuant to Chapter 450-17 of the Village of Sleepy Hollow Zoning Code, conveyance of property ownership requires subdivision approval under the procedures set forth in Chapter 425, Subdivision of Land in the Village Code; and WHEREAS, the Lighthouse Landing Communities LLC has sought out a development partner to implement portions of the approved Phase 1 Site Plan and has entered Into contract vendee status with Toll Brothers, Inc. (now collectively the "Phase 1 Block E Applicant") to sell off certain portions of Phase 1; and WHEREAS, the reconfigured Block E layout approved by the Planning Board on or about October 22, 2015 did not specifically coincide with the approved Amended Final Subdivision Plat approved by the Planning Board on January 18, 2018, which led the Phase 1 Block E Applicant to file the subject Block E Amended Final Plat for the Planning Board review and approval; and, WHEREAS, In connection with the Amended Block E Final Plat Approval, the Phase 1 Block E Applicant submitted {on or about 9/6/2018) and the Planning Board has reviewed the following materials as part of the Revised Block J Preliminary Plat Approval process: 1. Executed Application Form 2. EAF short form 3. Coastal Assessment Form 4. Subdivision Plat, prepared by. Control Point Associates, Inc. last revised 9/28/2018; and, WHEREAS, the Planning Board, found after review of the subject Block E Amended Final Subdivision Plat materials submitted, public comments and recommendations and the EAF that the Project did not present significant adverse environmental impacts not addressed or inadequately addressed In the comprehensive environmental review under SEQRA conducted on behalf of the Village as part of the preparation of the Riverfront Development Concept Plan for the Project, and there were no changes in circumstances or newly discovered information presenting such potential Impacts; and �WHEREAS, by submission of same, the Phase 1 Block E Applicant seeks to adjust internal parcel lines between lots 1.41 and 1.42 (hereinafter the "2018 Application"); and WIHEREAS, the 2018 Application was reviewed and discussed by the Planning Board at their 9/20/2018 and a public hearing was scheduled for 10/20/2018; and WHEREAS, on 10/2012018, the Planning Board opened a public hearing on the 2018 Application at which all members of the public were invited to attend and comment on the 2018 Application and said public hearing was subsequently closed; and WHEREAS, 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 Project is one which minimizes or avoids adverse environmental effects to the maximum extent practicable; including effects disclosed in the environmental impact statements; and 3. Consistent with social, economic and other essential considerations, 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. The Environmental Findings Statement and Amended Environmental Findings Statement adopted by the Board of Trustees, as SEQRA lead agency, on July 24, 2007, and January 25,2011, (collectively, the "Environmental Findings") have been received and reviewed; and WHEREAS, the Planning Board adopted 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 found that the construction phasing presented by the Applicant on the Application differs from the construction phasing considered by the Board of Trustees as Lead Agency on the environmental review, that the Lead Agency found at Page 117 of the Findings Statement dated July 24, 2007, "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 by the Applicant to the Planning Board on the Application is appropriate and will not have an adverse environmental impact; and WHEREAS, the initial approval of the site plan drawings and preliminary subdivision plat for lots 4,5, 6, 7,8 and 9 as shown on the Preliminary Subdivision Plan, dated November 18, 2015, was subject to the following conditions and modifications identified below which remain in full force and effect (collectively, the "Subdivision Conditions"): �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 building construction within one year of the date of the adoption of the 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. Opportunity for extensions of the site plan approval to be granted for good cause by the Planning Board at the request of the Applicant for periods of six months each. 2. Obtaining final approval of the building exterior design and appearance from all applicable Village Boards to the extent that they may be required. Any material change to the site plan will require the Applicant to come back before the Planning Board for a site plan amendment. The Planning Board acknowledges that the Board of Trustees is considering adopting a local law that would transfer jurisdiction to the Planning Board to perform required architectural review of all applications for which site plan approval is required, and, as set forth above, confirms that such review has been performed by the Planning Board for the Phase 1 site plan. 3< Documentation, sufficient in form and substance, for the Village Engineer to determine that the list of items outlined in the Village Engineer's October 5, 2015 and October 20, 2015 correspondence have been incorporated onto the site plan drawings. It is noted that while most of the comments in the October 5, 2015 report are requests for additional information or clarification of information on the site plan drawings. Comment U.15 is a request for implementation of sewer inflow and infiltration measures for which the Village does not have an adopted policy and as such the Planning Board is not making implementation of any measures or payment of any such funds a requirement of approval for the Application, but the Applicant has nevertheless agreed to consult with the Village Architect on possible Inflow and infiltration remediation projects. A, Submission of as-built building plans and an as-built survey prior to the issuance of any Temporary or Permanent Certificate of Occupancy (C of 0). 5. Prior to the issuance of any building permits, a 100% performance bond, in a sum to be determined by the Village 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, lighting in public rightsof-way and in public open space areas, and stormwater management facilities and sediment and erosion control structures and measures within public rights of way. 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 Blocl<. 7. The Applicant shall submit any geotechnical investigation of the site completed to date vk/hich vt/ill 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 Block. Such offer for dedication shall be in a suitable form acceptable to the Village. 9. 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 E3. 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. 10. Construction and installation of the rain gardens, landscaping and privacy wall located along the Metro-North right-of-way shall be completed prior to the issuance of any Temporary or Permanent C of 0 for the Block I buildings. Completion of the amenity space associated with the 1-1 Building shall be completed prior to the Issuance of any Temporary or Permanent C of 0 for the 1-1 Building. 11. 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 b. Improvements to Beekman Avenue at Pocantico Street 12. Prior to the completion of Phase 1, the Applicant shall submit a report to the Village Architect to demonstrate Project's anticipated compliance track under the LEED-ND program. 13. 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 October 22, 2015. The LEED-ND reference guide defines "bicycle network" to include any combination of bicycle lanes, bicycle patiis, and streets designed for a target speed of 25 miles per hour or slower. 14. The Applicant has agreed that prior to the issuance of a building permit, documentation sufficient to show that the 1-2 and 1-3 Buildings would qualify at a minimum of LEED Certification will be provided to the Village Architect. 15. 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 December 22,2014 and recorded December 24,2014 and any further subdivision of the East Parcel Is not within the Applicant's control. 16. 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 July 30, 2018, correspondence from the Village Board 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. 17. 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. 18. Consistent with the Environmental Findings and the Special Use 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. 19. All conditions identified in the Village Board's June 7, 2011 Special Permit shall remain in full force and effect. WHEREAS, the Village has identified and the Applicant confirms that due to conflicts and setback requirements with several of the designed underground utilities in Road 4 (now Legend Drive), the 12 �inch Con Edison gas main was moved from the paved roadway to under the western sidewalk and, gas valves were installed in the roadway crosswalks ("Con Edison Work") such that they do not comply with Village standards, are not in conformance with the Preliminary Plat and the Final Plat will need to be updated; and WHEREAS, pursuant to 6 NYCRR Part 617, the SEQRA regulations, the Planning Board has conducted the following activities: 1. Received a completed application and application fee; 2. Requested, received and considered comments from the Village Engineer, Village Attorney, Village Planner and Building Inspector about the proposed project which were provided in written form or discussed with the Planning Board during the course of the Planning Board meetings; 3. Requested, received and reviewed an EAF and Coastal Assessment Form; NOW. THEREFOR, BE IT RESOLVED, that the Planning Board, after review of the materials submitted, public comments and recommendations and the EAF has determined that the 2018 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 5 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 Project is one which minimizes or avoids adverse environmental effects to the maximum extent practicable; including effects disclosed in the environmental impact statements; 3. Consistent with social, economic and other essential considerations, 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; and 4. The Environmental Findings have been received and reviewed; and be it further RESOLVED, that the Phase 1 Block E Applicant will update the Final Plat set, sufficient in form and substance for the Village Engineer, to add a note referring to the Phase I site plan drawings to reference the latest revision date of the site plan that includes the information that is required by Village code to appear on the plat; and, be it further �RESOLVED, no temporary or permanent certificate of occupancy will be issued for any unit facing the Central Park fronn Block E until the adjacent Central Park block is completed. The Village Green (Lot 10) shall be completed prior to the Village's acceptance of the roundabout. RESOLVED, that prior to the acceptance of any roadway by the Village of Sleepy Hollow, the Lighthouse Landing Communities LLC shall utilize diligent and best faith efforts, including but not limited to paying for the cost of modifying the Con Edison Work, to cause the update of the Final Plat to show to the satisfaction of the Village's Building Department and the Village's consulting engineer that the utility installation in Road 4 (now Legend Drive) have been modified to relocate the gas valves previously installed in the cross walk to a location previously approved by the Village; and, be it further RESOLVED, that all of the Subdivision Conditions enumerated herein and outlined in the prior approvals by the Village of Sleepy Hollow as part of the Special Permit, Riverfront Development Concept Plan, Subdivision and Site Plan for Phase 1 shall remain in full force and effect and shall be and remain the responsibility of Lighthouse Landing Communities LLC to implement; and, be it further RESOLVED, the application for Amended Block E Final Plat Approval is hereby granted and the Chair of the Planning Board may sign the Plat for filing with Westchester County. PLANNING BOARD VILLAGE OF SLEEPY HOLLOW 3 T>ec Date the undersigned OAWOtpS^rSriCdoto a tnie copy of en oxnct duly adopted tiy the Board or I M S of the Vlllade of a m Hollow, on ^ of • 20 I V and of the whole thereof, and I AfftheroartHV that the seme wttflntered into the minutes of the meeting or said Board of t^uitees held on said date. IN wmieSS WHStEOF, I hereunto^ my hand and offldal t m m o M j I a t of g c c a - r ^ * - ^ , njK.- � 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-2018 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_2018-10-18_RES-Amended-Subdivision-Signed-Resolution Subject The topic of the resource Planning Board Minutes & Resolutions-2018 Date A point or period of time associated with an event in the lifecycle of the resource 2018 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