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                  <text>RESOLUTION
Adopted at the June 21, 2018 Meeting of the
Village of Sleepy Hollow Planning Board
RESOLUTION:
PROPOSED:
LOCATION:
TAX MAP

SITE PLAN
Edge on Hudson Phase 2 Roads and Infrastructure
199 Beekman Avenue

DESIGNATION:

Section 115.I0-1-I and 115.15-1-1

ZONING:

RF - Riverfront District

WHEREAS, the Planning Board of the Village of Sleepy Hollow (the Planning Board)
has reviewed an application for site plan 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 the Phase 2 Roads and Infrastructure (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, the Application is for site plan approval of infrastructure for Phase 2 of the
project, including the following: roads, sidewalks, utility infrastructure and other
roadway/streetscape improvements proximate to the right-of-way areas affecting approximately
eight acres of Edge on Hudson site (collectively the "Proposed Action" or "Phase 2 Roads and
Infrastructure"); and,
WHEREAS, the Application is in furtherance of the 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 Environmental Findings (as hereinafter defined) 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);
WHEREAS, the Planning Board reviewed and considered the Application at its 2/22/18,
3/8/18 (special meeting), 4/19/18, and 5/17/18 regularly scheduled meetings; and,
WHEREAS, after the 4/19/18 meeting the Planning Board requested input from the
Village Board of Trustees regarding the proposed Phase 2 Road and Infrastructure and its
relationship to the approved RDCP; and
WHEREAS, the Village Board of Trustees has provided input to the Applicant regarding
certain elements of the Phase 2 Road and Infrastructure Plan that have caused certain changes to
the Site Plan (as hereinafter defined); and
WHEREAS, on 6/21/18 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 Site Plan were reviewed and comments sought from the Village's
Highway Superintendent, Police and Fire Department; and,
WHEREAS, the Planning Board has reviewed the following materials:
•

•
•

Application package received 2/28/18 consisting of:
- Village of Sleepy Hollow Planning Board Application Forms
- Site Plan Drawing Set (see below)
- Storm water Pollution Prevention Plan dated February, 2018;
Review memos dated 3/7/18 and 5/3/18 from Woodard &amp; Curran
Engineering;
Review memos dated 3/7/18 and 4/19/18 from Planning &amp; Development
Advisors;

�Response letters/memos from Kimley Horn of New York, P.C. on behalf of
the Applicant dated 4/26/18 and 5/31/18;
Site plan drawings (collectively, the "Site Plan") submitted by the following
with last revision date:
a.
Cover Sheet, 2/16/18 Kimley Horn of New York (KHNY);
b.
Key Plan and Legend, 5/31/18, KHNY;
c.
General Notes, 5/31/18, KHNY;
d.
Site Layout, Parking and Paving Plan, 6/20/18, KHNY;
e.
Grading and Drainage Plan, 5/31/18, KHNY;
f.
Road Profiles, 5/31/18, KHNY;
g.
Utility Plan, 5/31/18, KHNY;
h.
Sanitary Sewer Profiles, 5/31/18, KHNY;
i.
Water Main Profiles, 5/31/18, KHNY;
j.
Erosion and Sediment Control Plan and Notes, 5/31/18, KHNY;
k.
Erosion and Sediment Control Details, 5/31/18, KHNY;
1.
Streetscape Planting Plan, 5/31/18, KHNY;
m.
Streetscape Planting Notes and Details, 5/31/18, KHNY;
n.
Site Details, 5/31/18, KHNY;
o.
Partial Topographic Survey, 12/1/17, Control Point Associates;
Correspondence from Village of Sleepy Hollow Administrator dated
11/22/16 regarding "Over 5-Acre disturbance Authorization";
Street Tree Diagram prepared by Hart Howerton, undated;
Graphics prepared by Hart Howerton, received by the Village 4/13/18,
including:
a.
Waterfront Destination
b.
Street Sections: Westward Drive
c.
Block H: Retail/Restaurant Plaza
d.
Street Sections: I - Horseman's Boulevard
e.
Street Sections: C-Horseman's Boulevard
f.
Street Sections: B - Lighthouse Landing

�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; and
2. Requested, received and considered comments from the Village Engineer, Village
Attorney, Village Planner and Building Inspector about the proposed Phase 2
Roads and Infrastructure 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-I6.B (3) of the Village Code which requires a review of a
site plan in comparison to the approved RDCP. During the course of the
presentation and review of Phase 2 Roads and Infrastructure, the Planning Board
noted that they needed input from the Village Board regarding consistency of
certain proposed elements of the Site Plan with the approved RDCP, in particular
the relationship of Block H and Block M parking to the waterfront open space.
The Village Board has provided direction to the Applicant that Block H and
Block M parking configuration along the waterfront should not intrude into the
waterfront open space area and that is reflected on the revised Site Plan set, dated
6/20/18. The Village Board felt that on balance the remainder of the Site Plan
was consistent with the spirit and intent of the approved 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 Findings 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 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 Site Plan for Phase 2 Roads
and Infrastructure 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.

Received, reviewed, and applied 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, 201 i (collectively, the
"Environmental Findings"); and be it further.
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, 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 Roads and Infrastructure 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. Documentation, sufficient in form and substance, for the Village's Engineering
Consultant to determine that the list of items outlined in the Village consulting

�Engineer's 6/21/18 correspondence has been incorporated onto the site plan
drawings.
3. 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, and any public storm water 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.
4. 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, lighting in public rights-of-way and in public open space
areas, and storm water management facilities and sediment and erosion control
structures and measures within public rights of way.
5. 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.
6. 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
Page 7 of 10

�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.
7. No Temporary or Permanent C of O 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 storm water 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.
8. 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 paths, and streets designed for a
target speed of 25 miles per hour or slower.
9. 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.

�10. 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.
11. 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.
12. All conditions identified in the Village Board's June 7, 2011 Special Permit shall
remain in full force and effect.
13. 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 three-dimensional 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.
14. 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

Lisa Santp, Chair

Date

lundersioned

rSrtlTO •"•«!'

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