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                  <text>RESOLUTION
Adopted at the May 21, 2020 Meeting of the
Village of Sleepy Hollow Planning Board
RESOLUTION:

SITE PLAN AND PRELIMINARY SUBDIVISION APPROVAL

PROPOSED:

Edge on Hudson Phase 3 Roads and Infrastructure

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 site plan and preliminary subdivision approval (the "Application")
pursuant to the Village Zoning Ordinance, Chapter 450, Article X, Site Plan review, Chapter 425
Subdivision of Land, and to applicable laws and regulations considered pertinent to the
Application, for the Phase 3 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 3 of the
Project, including the following: roads, sidewalks, utility infrastructure, improvements to the
future Waterfront Open Space and Kingsland buffer areas and other roadway/streetscape
improvements proximate to the right-of-way areas affecting approximately 36.4 acres of Edge on
Hudson site and subdivision of the six development parcels and four open space parcels created
by the new road rights-of-way (collectively the "Proposed Action" or "Phase 3 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
Page 1 of 11

�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 initially reviewed and considered the Application at its
6/20/19, 8/22/19, 9/19/19, 11/21/19, 1/16/20, 2/20/20, 4/16/20 and 5/21/20 regularly scheduled
meetings; and,
WHEREAS, after the 6/20/19 meeting the Planning Board requested input from the Village
Board of Trustees regarding the proposed Phase 3 Road and Infrastructure and its relationship to
the approved RDCP; and
WHEREAS, the Village Board of Trustees met on 7/19/19 and 11/19/19 and has provided
specific input to the Planning Board and the Applicant regarding certain elements of the Phase 3
Road and Infrastructure Plan and their relationship to the RDCP (as hereinafter defined); and
WHEREAS, on 2/20/20 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 dated 6/6/19 consisting of:
- Cover Letter from Divney Tung Schwalbe dated 6/6/19
- Village of Sleepy Hollow Planning Board Application Forms
- Site Plan Drawing Set (see below)
- Storm water Pollution Prevention Plan last revised May, 2020;
Page 2 of 11

�Review memos and correspondence dated 7/15/19, 2/14/20, 5/6/20, 5/13/20
and 5/15/20 from Woodard &amp; Curran Engineering, Village Consulting
Engineers;
Review memos and correspondence dated 6/13/19, 2/17/20 and 5/19/20
from Planning &amp; Development Advisors, Village Planning Consultant;
Review memos dated 5/11/20 and 5/20/20 from the Village Architect;
Response letters/memos from Divney Tung Schwalbe on behalf of the
Applicant dated 7/8/19, 2/6/20, 5/12/20 and 5/20/20;
Engineer's Report Water Main Extension, prepared by Divney Tung
Schwalbe, last revised 5/12/20;
Site plan drawings (collectively, the "Site Plan") submitted by the following
with last revision date:
a.

Cover Sheet, 5/18/20, Divney Tung Schwalbe (DTS);

b.

Phase 3 Key Plan and General Notes, 5/18/20, DTS;

c.

Overall Site Plan, 5/18/20, DTS;

d.

Street Layout, Parking and Paving Plan, 5/18/20, DTS (five
sheets);

e.

Street Grading and Drainage Plan, 5/18/20, DTS (five sheets);

f.

Overall Water System, 5/18/20, DTS;

g.

Overall Sewer System Plan, 5/18/20, DTS;

h.

Overall Storm Drainage 5/18/20, DTS;

i.

Street Utility Plan 5/18/20, DTS (three sheets);

j.

Streetscape Planting Plan 5/18/20, DTS (three sheets);

k.

Streetscape Planting Notes and Details 5/18/20, DTS;

1.

Road Profiles 5/18/20, DTS (three sheets);

m.

Water Main Profiles 5/18/20, DTS (two sheets);

n.

Sanitary Sewer Profiles 5/18/20, DTS;

o.

Overall Storm Drainage Profiles 5/18/20, DTS (two sheets);

p.

Soil Erosion and Sediment Control Plan 5/18/20, DTS (five
sheets);

q.

Overall Soil Erosion and Sediment Control Plan 5/18/20, DTS;
Page 3 of 11

�r.

Overall Soil Erosion and Sediment Control Plan Details 5/18/20,
DTS;

s.

Site Details 5/18/20, DTS (six sheets);

t.

Streetscape Lighting Plan (with photometries) 5/18/20 Cyclone
Lighting (three sheets);

u.

Emergency Vehicle Maneuvering Plan 5/18/20 DTS (three sheets);

v.

Existing Conditions Plans 2/6/20, DTS (three sheets); and

w.

Subdivision Plat, 5/7/20, Control Point Associates;

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 3 Roads
and Infrastructure 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
4. Held a duly noticed public hearing.
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.

During the course of the

presentation and review of Phase 3 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 elimination of the proposed landscape median along Palisades Boulevard, the
Page 4 of 11

�reconfiguration of the plaza roadway in between Blocks Q and R and lack of a
dedicated right of way of the future roadway to be known as Sleepers Haven. The
Village Board has provided direction to the Applicant and the Planning Board that
based on current code standards and design alternatives presented, elimination of
the landscape median was acceptable; that the balance of the plaza area not now
proposed for roadway would become part of the overall waterfront open space to
be planned and programmed accordingly; and that a right of way for Sleepers
Haven must be shown on the current Site Plan drawings with the understanding that
the eventual location will be coordinated with the development of Lot P and or Lot
O. The Village Board felt that on balance the remainder of the Site Plan was
consistent with the spirit and intent of the approved RDCP. The Planning Board
notes that the Applicant's 7/8/19 submission includes a representation of the
treatment of the plaza area in front of the proposed hotel lot (between Lots Q and
R) that included the use of specialty pavers, said treatment is not currently shown
on the proposed Site Plan. The Applicant has indicated that this design treatment
will be addressed as part of the site plan application for the proposed hotel use. The
eventual incorporation of the specialty paver treatment will need to be completed
prior to acceptance of that portion of the Lighthouse Landing roadway;
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
Page 5 of 11

�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 3 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, 2011 (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
Page 6 of 11

�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 and preliminary plat 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 3 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 5/15/20 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 5/20/20
correspondence have been incorporated onto the site plan drawings.
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, and any public stormwater management
facilities and corresponding easements, the Applicant shall submit an as-built
Page 7 of 11

�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, 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 section of street trees upon the acceptance by the
Village of the offer of dedication of the roadway rights-of-way containing such
trees.

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.
Page 8 of 11

�8. 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.

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
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.

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 December 22, 2014 and recorded December 24, 2014 and any further
subdivision of the East Parcel is not within the Applicant's control. Prior to the
signing of the Preliminary Plat, the Preliminary Plat shall be revised to indicate that
the South Parcel is to be conveyed to the Village of Sleepy Hollow or its designee.
11. 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.
12. 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
Page 9 of 11

�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.

13. All conditions identified in the Village Board's June 7, 2011 Special Permit shall
remain in full force and effect.

14. 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.

15. Prior to the issuance of a Building Permit by the Village, a construction logistics
plan shall be prepared and submitted to the Building Department indicating the
location of construction trailers, temporary toilet facilities, material storage,
employee vehicle parking, temporary fencing, means for temporary water, means
for temporary power, fuel storage and other equipment as appropriate.
16. Prior to the issuance of a Building Permit by the Village, the location of all above
ground utility equipment shall be approved by the Planning Board prior to
installation.
17. Prior to the issuance of a Building Permit by the Village, the Street Utility Plans
shall be updated to include fire hydrants locations within 100 feet of buildings
equipped with a standpipe.
Page 10 of 11

�18. Prior to the issuance of a building permit for the related work 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.
19. If directed by the Village Building Department the Applicant shall acquire
approval from the New York State Empire State Development (ESD) for
classification of essential construction in order for the proposed Phase 3
construction to move forward. Such approval shall be furnished to the Village
Building Department prior to commencing construction. In addition, the provisions
for COVID-19 health and safety shall be in compliance with applicable local, State
and Federal requirements.

PLANNING BOARD
VILLAGE OF SLEEPY HOLLOW
11

I. m u A a Athe undersigned
Cleft/Deputy Clerk,' do hereby certify W the foregoing is a
true copy of an extract duly adopted by the Board of
Trustees/Planning/Zoning of the Village of Sleepy Hollow,
on the ^ L L d a y of
H O M
20 ZO and of
the whole thereof, and I further certify that the same was
entered into the minutes of the meeting of said Board
of Trustees/Planning/Zoning held on said date.
IN WITNESS WHEREOF, I have hereunto set my hand
and official seaMhis |*1 day o f &lt; 5 &gt; ^ S j g - ^

Page 11 of 11

107*

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