https://sleepyhollow.localarchives.org/files/original/2ab8ead2597f230cc164f0b003a61a31.pdf 0d2fcda17c1ec84189918ab32d9af3fc PDF Text Text RESOLUTION Adopted at the April 5, 2018 Meeting of the Village of Sleepy Hollow Planning Board RESOLUTION: SITE PLAN AMENDMENT APPROVAL PROPOSED: Edge on Hudson Phase 1 - Block J LOCATION: 199 Beekman Avenue TAX MAP DESIGNATION: Section 115.10-1-1 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 a site plan amendment (the Application) pursuant to the Village Zoning Ordinance, Article X, Site Plan review, and to applicable laws and regulations considered pertinent to the Application, which is for Phase I Block J of 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, the Application is submitted on behalf of Lighthouse Landing Communities, LLC and Toll Brothers, Inc. (collectively the "Applicant"); and, WHEREAS, Phase 1 included 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 I: 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: ± 0.845 acres); 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 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); WHEREAS, the Applicant first received site plan approval on or about October 22,2015; and WHEREAS, the Applicant most recently received an Amended Preliminary Subdivision Plat approval on October 19, 2017 to allow for a conveyance of ownership of Block J; and WHEREAS, the Planning Board reviewed and considered the Application at its January 19, 2018, February 22, 2018, March 22. 2018 and April 5, 2018 meetings; and, WHEREAS, on March 22, 2018, 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 subsequently closed the hearing that night: and, WHEREAS, the site plans were reviewed and comments sought from the Village's Highway Superintendent, Police and Fire Department; and, WHEREAS, the Village received correspondence from Westchester County Planning dated March 16, 2018, on the Application which the Planning Board discussed at its March 22, 2018 meeting; and, WHEREAS, the Planning Board has reviewed the following materials: • Application package received February 9, 2018 consisting of: 1. Executed Planning Board Application Form 2. EAF short form 3. Coastal Assessment Form �• 4. Affidavit of Ownership 5. Set of full size drawings (see list below). Review memos dated February 15,2018, March 6,2018, March 8, 2018from Dolph Rotfeld Engineering, P.C.; • January 16, 2018, February 19,2018, March 7,2018 review memos from Planning & Development Advisors; • Third party correspondence from Westchester County Planning Board dated March 16, 2018. • Response letters/memos from Divney Tung Schwalbe on behalf of the Applicant dated March 2,2018 and March 16, 2018 and March 26, 2018 to the Planning Board (the March 26, 2018 letter included correspondence from the Project Architect KTGY Group, Inc. regarding site accessibility) • Site plan drawings last revised March 16, 2018 unless otherwise noted: a. Cover Sheet, Divney Tung Schwalbe (DTS); b. Phase 1 Approved Site Plan (SP-0.1), September 3, 2015, DTS; c. Phase 1 Amended Site Plan (SP-0.2), DTS; d. Block J Grading and Drainage Plan (SP-2.0),, DTS; e. Block J Utility Plan (SP-3.0), DTS; f. Block J Landscaping Plan (SP-4.0),, DTS; g. Sanitary Sewer Profiles (SP-6.1), DTS; h. Storm Drainage Profiles (SP-6.2), DTS; i. Water Main Profiles (SP-6.3), DTS; j. Block J Erosion and Sediment Control Plan (SP-7.0),, DTS; k. Block J Erosion and Sediment Control Details (SP-7.1), DTS; 1. Site Details (SP-8.I-SP-8.3), March 1, 2018, DTS; and m. Block J Lighting Photometric Plan (LP-1.0) DTS. WHEREAS, pursuant to 6 NYCRR Part 617, the SEQRA regulations, the Planning Board has made the following findings and caused, noted or 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 Board during the course of the Planning Board meetings; 3. Requested, received and reviewed a short Environmental Assessment Form and Coastal Assessment Form; 4. Requested and received a written opinion from the Applicant relative to the provision of elevators in the proposed townhouse units associated with Block J; and WHEREAS, at the March 22, 2018 meeting members of the Planning Board asked the Applicant if the provision of elevators to make the some of the buildings accessible could be accommodated, and the Applicant's Architect has provided a written response indicating that they have taken into account the various site limitations and constraints and that incorporating elevators into the Block J townhoouse in compliance with applicable requirements is not feasible; and 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-B(3) of the Village Zoning 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 I site plan in their May 7, 2015 submission and as part of a formal presentation to the Planning Board during a regularly scheduled Planning Board meeting. The Applicant made presentations of the most recent site plan changes for Block J, on January 19, 2018, February 22, 2018, March 22, 2018 and April 5, �2018, which included: reconfiguration of some of the townhouse layouts (location, number of units to a block, width), modifications to the pedestrian circulation including the addition of an additional pedestrian pathway and reconfiguration of the alleyway access to the main roadway system. After review of both plans, the Planning Board finds that, while there may be minor variations between the proposed Phase 1, Block J, site plan and the RDCP, the Phase 1, Block J, site plan is in keeping with the spirit and intent of the RDCP; 3. Finds after review of Coastal Assessment Form prepared by the Applicant and 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; and, be it further RESOLVED, that the Planning Board, after review of the materials submitted, public comments and recommendations and the EAF 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 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. Received and reviewed 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"); 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 for Block J, 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 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. Documentation sufficient in form and substance that the facade designs for the proposed Block J townhouse are consistent with the representation made as part of the initial Site Plan approval. The Planning Board requires that the Applicant submit to the Planning Board the building exterior designs prior to the issuance of any Building Permit. Any material change in the building exterior design from that presented in the initial Phase 1 Site Plan approval will require an amended Site Plan approval from the Planning Board. 3. Documentation, sufficient in form and substance, for the Village Engineer to determine that Item G3 from their October 5, 2015 correspondence, October 20, �2015 correspondence and the list of items outlined in the Village Engineer's March 8, 2018 correspondence have been incorporated onto the site plan drawings. 4. It is noted that Westchester County requested 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. 5. 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 O). 6. 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 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. 7. 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. �8. 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. 9. 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 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. 10. 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 O for any units in Buildings E-2 and E-3. 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 O 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. 11. 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 O for the Block I buildings. Completion of the amenity space associated with the I-l Building shall be �completed prior to the issuance of any Temporary or Permanent C of O for the I-l Building 12. Prior to the issuance of the Temporary or Permanent C of O covering the 300,000''* 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 13. 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. 14. 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. 15. 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. 16. 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. 17. 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 O for any project building will be issued prior to completion of the reconstruction and repair work on the Beekman Avenue Bridge. 18. 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. 19. Prior to the issuance of any Temporary C of O for any project building, the Village's water supply improvements referenced on Page 85 of the Lead Agency's Findings Statement dated July 24, 2007, must be completed. 20. 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. 21. All conditions identified in the Village Board's June 7, 2011 Special Permit shall remain in full force and effect. �22. The Applicant agrees to comply with all housing laws, including but not limited to the International Building Code as adopted by New York State and the Federal Fair Housing Act. �23. 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 Gordon Swartz, Deputy Chair Date the undersigned CM^DipueKaerf^^ • tniea<iy ofen ®eb«t duly edoptod w t h i M of the VWifte of S ^ Holtaw, on the tTTZfi^. . 2 f t / g and of the whole thereof, arallfkirthcrotiiiyttMtleme m u entered Into the minutes of the meeting or aeMBoerd of TnMtees held on SBlddate. ^ ^ � 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_2018-04-05_RES-Site-Plan-Amendment 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