https://sleepyhollow.localarchives.org/files/original/fd9f1d2a024e443df538ce40d8adb586.pdf 8510855de5cce6468a75dc1701f73cd1 PDF Text Text Village of Sleepy Hollow Planning Board Minutes January 18, 2024 Chairperson Harries called the regular meeting to order at 7:05 PM. Chairperson Harries read the list of the applications on the agenda. Present: Kersten Harries, Chairperson Benjamin Nielsen Rachelle Gebler Clare Trapasso Lindsay Krakauer Also Present: Joshua Subin, Village Attorney James Natarelli, Village Engineer David Smith, Village Planner Anthony Catalano, Consulting Engineer Sean E. McCarthy, Building Inspector Pamela Kroll, Secretary to the Planning Board Absent: Caroline Chen Richard Gross Agenda: 1) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, Phase II- Waterfront Open Space, Site Plan & Wetlands Watercourse Permit ApprovalContinued Public Hearing 2) Todd and Wendi Strier, 5 Birch Close, Proposed additions and alterations, Site Plan Approval- Public Hearing 3) Sleepy Hollow Residences, LLC, 2 Maxwell Drive, Parking garage kiosk and signage, Amended Site Plan & Architectural Review Approval- Presentation 4) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, Phase I, Block A, Sanitary sewer easement and maintenance agreement, Amended Site Plan Approval- Presentation 5) AECOM, 52-60 Elm Street, Soil vapor extraction and interim remedial measures, Site Plan Approval- Preliminary Presentation 6) Francesco Alesci, 135 Beekman Avenue, Proposed 14-unit apartment building, Site Plan Approval Extension- Presentation 7) Rock of Salvation Church, 135 Cortlandt Street, Proposed parking lot, Site Plan Approval- Preliminary Presentation 8) Lighthouse Landing Communities LLC, Zoning Code Amendment Petition, Section 450-38- Height exceptions, Village Board of Trustees referral- Discussion 9) Approval of minutes, December 21, 2023 1 (1/18/24) �1. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, Phase II- Waterfront Open Space, Site Plan & Wetlands Watercourse Permit ApprovalContinued Public Hearing Chairperson Harries opened the public hearing and solicited comments from the public. There were no public comments. Chairperson Harries invited the applicant to speak on the application. Peter Chavkin is an associate of Biddle Real Estate Ventures, representing Lighthouse Landing Communities, LLC. Mr. Chavkin stated that he is unaware that Woodard & Curran requested additional information since the off-site culvert measurement information was submitted on December 21, 2023. Mr. Chavkin asked Mr. Catalano to inform him of the outstanding items requested. Mr. Chavkin stated that the flow information for the culvert is the Local Development Corporations’ (“LDC”) responsibility. Mr. Chavkin stated that their responsibility is to manage the flows presented to them. Mr. Chavkin said he would work with the LDC to get additional survey information. Mr. Chavkin stated that he is very anxious to receive approval to build this section and move on with the rest of the waterfront. Anthony Catalano is the Consulting Engineer from Woodard & Curran. Mr. Catalano stated there have been ongoing conversations with WSP, in which he assumed they have communicated with Mr. Chavkin on their requests. Mr. Catalano stated that WSP was very clear about what was requested. Mr. Catalano stated that Woodard & Curran ran their own flooding models to demonstrate certain conditions to WSP that were unclear or disagreed. They pointed out to WSP that they need to address the model quality control issues and have asked for certain information for several months. Mr. Catalano suggested scheduling a meeting when their updated memo has been finalized and submitted to the Board. Mr. Catalano stated they have met with DTS for the channel sizing. DTS requires the flow calculations from WSP to move forward. Chairperson Harries stated that the public hearing would continue at the Planning Board meeting on February 22, 2024. 2. Todd and Wendi Strier, 5 Birch Close, Proposed additions and alterations, Site Plan Approval - Public hearing Chairperson Harries read the public notice. Chairperson Harries stated that the Board received correspondence from members of the public. The comments are published on the Village website and will be included in the meeting minutes. (See Exhibit #s 1, 2, and 3) Lindsay Krakauer moved to open the public hearing. Moved: Krakauer Seconded: Gebler 2 Vote 5-0 (1/18/24) �Chairperson Harries invited the applicant to present the application. Frank Marsella stated that he is the architect representing the applicants. Mr. Marsella presented photographs of the existing house and renderings of the proposed renovations viewed from the street and the rear of the property. Mr. Marsella summarized the design and stated that the application would result in 820 square feet of additional building coverage. Mr. Marcella presented the architectural drawings and described the design and the exterior materials. Chairperson Harries asked Mr. Marcella to confirm the height of the existing roof ridgeline and the proposed height with the additions. Mr. Marcella stated that the proposed average roof elevation is 26.8 feet. The existing roof elevation is 20.4 feet. They propose increasing the ridge height by 6 feet from the ridge and the center of the roof. Benjamin Nielsen asked Mr. Marsella if they had submitted a survey of the properties showing the architecture of the adjacent homes. Mr. Marsella stated that they submitted photos of neighboring houses. Many of the renovated homes are not modulated and are straight-up additions. Mr. Marsella stated that the property slopes down from the street level, making the house's first floor slightly lower. Mr. Marsella stated that the introduction of the front porch weaving into the garage would be keeping in theme with the one-story roofline. Lindsay Krakauer stated that she appreciates the efforts to reduce the bulk by keeping with the one-story feel and aligning the design with other traditional homes in the neighborhood. Rachelle Gebler asked Sean McCarthy if the application requires zoning variances. Sean McCarthy stated that the current application does not require zoning variances. Clare Trapasso asked Mr. Marsella to confirm the house's existing and proposed square footage. Mr. Marsella stated the FAR for the 1.34-acre lot permits 7,900 square feet. The current square footage is 4,347 square feet, including the basement and the garage. The proposed square footage of 7,516 square feet includes the garage and 95 percent of the 1,900 square foot walkout basement. They are adding approximately 3,000 square feet. The basement square footage has no impact on the neighborhood as viewed from the street. Without the basement, the square footage is approximately 5,174 square feet, with the actual living space on the first and second floors around 4,500 square feet without the garage. Chairperson Harries asked Mr. Marsella to explain how the additional 820 square feet of building coverage fits into the calculations. Mr. Marsella stated that building coverage calculations include decks, garages, and anything in the house footprint that requires a foundation. Removing the deck and associated structures reduced the proposed increased building coverage. 3 (1/18/24) �Chairperson Harries stated that the modulated one-story design reduces the impact of the proposed growth of the additions on the house to fit with the neighborhood. Ms. Harries asked for the species of the (3) evergreen trees proposed by the garage. Alan Pilch is the engineer for the project and stated that they propose to plant Fraser Fir trees to provide screening of the garage from the neighbor to the south. Mr. Pilch stated Mr. Natarelli witnessed the completion of deep hole and percolation testing. The soil percolation on the property's south side, where the stormwater pipe is installed, is slower in comparison to the faster flow speed on the north side of the property. The proposed stormwater management plan provides adequate infiltration in a 100-year storm event. Chairperson Harries asked Mr. Pilch to describe the mitigation plan for the wetlands buffer disturbance area. Mr. Pilch stated that the total disturbance to the wetlands buffer would be 62-64 feet. The rear yard drops down to a steep slope to the wetlands area. Mr. Pilch presented the landscape plan and stated they propose native plantings in the 254-square-foot area at a 4:1 mitigation ratio to stabilize the impacted buffer area. Mr. Nielsen asked if plantings are proposed in the stormwater easement area. Mr. Pilch stated that plantings are proposed ten feet from the storm pipe. They plan to establish an access easement with the Village. Mr. Natarelli stated that one of the three trees proposed at the corner of the driveway appears to be directly over the Village drain pipe. Mr. Natarelli requested the applicants formalize an access agreement with the Village. Mr. Pilch and Mr. Natarelli agreed that a 15-foot easement would be sufficient. Mr. Nielsen stated that having large canopy trees between the homes is a defined characteristic of Sleepy Hollow Manor. Mr. Nielsen asked Mr. Pilch if there were opportunities to add canopy trees to the site. Mr. Pilch stated that there is room where the Fraser Fir trees are proposed. There is minimal space between the house's north side and the property line. Mr. Pilch suggested they could add canopy trees in the front yard or the left side of the driveway. Chairperson Harries solicited comments from the public. Robert Tobey stated that he is the owner of 34 Hemlock Drive. Mr. Tobey stated that the three Fraser Fir trees would be in his sight line, reducing the view shed to the river and decreasing the value of his house. Mr. Tobey requested that low vegetation be planted instead of the Fir trees. Mr. Tobey asked if there were drawings submitted showing perspectives from other properties. Mr. Tobey presented a photograph of the view from his deck. (See Exhibit #4) 4 (1/18/24) �Chairperson Harries stated that the Board requested photographs to show the proposed design and that the elevations were similar to the homes in the neighborhood. Mr. Tobey expressed his concerns about the proposed increase in the building size and height of the house. Mr. Tobey asked the Board to consider that the proposed application would result in a house that would be out of character with the size of the houses in the neighborhood and affect the views of the river. Jennifer Ostfield stated that she lives at 32 Hemlock Drive. Ms. Ostfield stated that DEA Mapping shows that the site of the proposed action is located in or adjoining a state-listed Critical Environmental Area. Ms. Ostfield questioned if the increased driveway size would affect the proposed access easement and take away the natural watershed, wildlife pathways and drainage. Chairperson Harries asked the applicants' consultants to clarify the increase of impervious surface and the elevation differences between the proposed driveway and the land area above the stormwater pipe. Mr. Marsella stated that the garage addition would consume a large portion of the existing driveway and be at the same level. Mr. Natarelli stated that the engineer’s site plan shows the corner of the driveway as graded and does not include the retaining wall. The engineering plans show that the retaining wall ends at the end of the hammerhead. Mr. Pilch stated that there is no retaining wall and suggested that the driveway be used for the access easement rather than driving on a landscaped area. Ms. Gebler asked Mr. Natarelli if he had any concerns with the proposed stormwater management system. Mr. Natarelli said he witnessed the deep hole and percolation tests and reviewed the model calculations. The stormwater system is appropriately sized and would infiltrate the impervious surfaces, including the driveway and the rooftop, in a 100-year storm. There was a discussion regarding the DEA Mapping and how it relates to the stormwater management for properties adjacent to the Hudson River. Chairperson Harries asked Mr. McCarthy where the village stormwater pipe collects run-off. Mr. McCarthy stated that the pipe collects run-off from Birch Close and Hemlock Drive, and some private pipes from adjoining residences go to the disposal point. Mr. Nielsen requested that the applicant provide documentation that provides architectural views or height surveys of the adjacent homes. 5 (1/18/24) �Mr. Marsella stated that the proposed building height is 10 feet below the permitted Zoning building height regulations. There was a discussion about documents other applicants have submitted for architectural review. Chairperson Harries suggested that the applicants review the comments from the Board, Village Staff, and the public. Chairperson Harries moved to adjourn the public hearing to the February 22, 2024 meeting. Moved: Harries Seconded: Trapasso Vote 5-0 3. Sleepy Hollow Residences, LLC, 2 Maxwell Drive, Parking garage kiosk and signage Amended Site Plan and Architectural Review Approval - Presentation Diana Kolev stated that she is an associate from the firm of DelBello Donnellan Weingarten Wise and Wiederkehr, LLC. representing Sleepy Hollow Residences, LLC. Ms. Kolev stated that a parking agreement between the applicant and Block H obligates the applicant to have parking available for Block H retail uses and residents. Ms. Kolev stated that there would not be public parking other than what would be provided for the Daymark. The signage labeled public parking was intended to differentiate the parking from the onsite parking for the Block F residents. They are not looking to provide public parking now and then transfer it to Daymark. They are requesting approval to set up the parking meter and the signage and wait until the Daymark building is complete. Chairperson Harries asked Ms. Kolev to confirm that the proposed kiosk and signage will only be used for Daymark. Ms. Kolev stated that 45 parking spaces would be assigned for Daymark retail uses, and 5 spaces would be reserved for the Daymark residents. Chairperson Harries asked Ms. Kolev to confirm that they are not planning on using the 50 spaces for other uses before the Daymark building requires them. Mr. Kolvev stated that the applicant will not utilize the parking spaces until Daymark requires them. Chairperson Harries asked Ms. Kolev how they would ensure that only the Daymark retail space patrons use the 45 parking spaces. Sophie Nitkin is an associate of Sleepy Hollow Residences, LLC. Ms. Nitkin stated that the Parking Agreement between the two sites was submitted to the Village and reviewed by the Village Attorney in March of 2022. When the agreement was created, it included stipulations between the two sites that dedicated the parking spots for the required retail and residential uses of the Daymark building. Ms. Nitkin stated that the parking is not public for anyone at any point. As the operations of the site next door go into place, there are stipulations for the potential valet or other arrangements between the two groups. Since retail doesn’t exist yet, the stipulations are not in play. 6 (1/18/24) �Ms. Kolev stated that they propose changing the signage to Daymark Retail Parking instead of Public Parking to make it clear. Ms. Nitkin stated that they reviewed the resolution an hour ago and could submit the revised signage as a condition of approval or present it to the Board. Chairperson Harries asked Ms. Nitkin to confirm why they are seeking this approval so far in advance of the Daymark building completion and the need for the required parking spaces. Ms. Nitkin stated that they wish to install the kiosk and signage now to mitigate and prevent anyone from using the parking and to stop NorthLight residents who do not pay for parking from using the spaces. The signage will specify that there will be no overnight parking and ensure that the spaces are understood as public parking for the moment, which could be Daymark retail, just so long as it is not being used by other people on the site overnight or by residents of NorthLight overnight. Craig Tompkins stated that he is from Biddle Real Estate Ventures. Mr. Tomkins described a parking diagram for the required parking for Block H and how it is broken out between Block F and Block K for retail and residential use. Mr. Tompkins stated that he would prepare a comprehensive diagram that tracks all the developments' parking. Chairperson Harries requested that David Smith read the conditions of the draft resolution. Mr. Smith stated that the conditions in the draft resolution were included based on the proposal for the public parking signage. Mr. Smith reviewed the language of the resolution conditions with the Board and the applicant representatives. Ms. Kolvev stated that the main concern is that the applicant is accommodating the parking for Block H. Block H has its own site plan resolution and requirements to satisfy way-finding signage and certificates of occupancy. The applicant is looking for approval to put the signage up. Chairperson Harries stated that the applicant is requesting approval to install signage needed to designate the parking spaces required for the Daymark building that are not yet needed. Ms. Nitkin stated that they are requesting approval to install the signage now to keep the residents of NorthLight from parking in the spaces overnight. Ms. Nitkin suggested that the 45 required spaces have already been dedicated to the Daymark building and are not temporary. Joshua Subin asked Ms. Nitkin if the “unassigned public spaces” terminology in the parking agreement meant that the spaces had already been dedicated to the Daymark. Mr. Subin suggested referencing the parking agreement in the resolution. Mr. Smith reviewed the language of the resolution conditions with the Board and the applicant representatives in terms of the requirements needed for the application. 7 (1/18/24) �Peter Chavkin, representing Lighthouse Landing Communitites LLC, stated that a Building Permit has already been issued for the Daymark building that covers the retail space. Mr. Chavkin suggested that in order to accomplish what the Board wants, a condition be tied to a Certificate of Occupancy for the Daymark retail space. Chairperson Harries questioned why the application is required if the 50 required spaces are not needed yet and asked the applicant to clarify the language in the Parking Agreement related to the parking garage kiosk. Mr. Subin stated the parking agreement states that the applicant is permitted to charge what the Village charges. The metered parking rates are tied to the Village’s street meters. Mr. Smith reviewed the suggested conditions of the resolution. Chairperson Harries moved to approve the resolution. Moved: Harries Seconded: Gebler Chairperson Harries - yes Rachelle Gebler - yes Benjamin Nielsen - yes Clare Trapasso - yes Lindsay Krakauer - yes Vote 5-0 APPROVED 4. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, Phase I, Block A sanitary sewer easement and maintenance agreement, Amended Site Plan Approval - Presentation Craig Tompkins is the representative for Lighthouse Landing Communities, LLC, and stated that the attorneys are reviewing the maintenance agreement, and the Site Plan has been revised to increase the width of the easement to 30 feet. Mr. Tompkins stated that they are seeking approval for James Natarelli to release the Will Serve letter to the DOH in order to obtain permits to complete the work for DeCiccos and the other tenant to connect to the public sewer. Chairperson Harries asked Mr. Tompkins for the desired timeline to complete the work. Mr. Tompkins stated that they would need the sewer connection ready before the DeCicco opening and estimated that the process would require four to six months. James Natarelli stated that the public sewer is not required for DeCicco Market to use it. The public sewer is only required for another tenant to tie into it. Mr. Natarelli asked if another tenant was ready to tie into the connection. Peter Chavkin, representing Lighthouse Landing Communities, LLC, stated that the retail building at the site would be ready to tie into the sewer connection. 8 (1/18/24) �Chairperson Harries stated that the Planning Board would refer the application review to the Board of Trustees for approval. Mr. Tompkins requested approval for Mr. Natarelli to release the Will Serve ahead of meeting with the Board of Trustees. Mr. Natarelli stated that the Village has not made a decision on the proposal. There was a discussion between the Planning Board, consultants, and the applicant regarding the requirement for an amended site plan resolution in conjunction with the Board of Trustees' decision. The application was referred to the Board of Trustees for review and adjourned to the February 22, 2024 Planning Board meeting. 5. AECOM, 52-60 Elm Street, Soil vapor extraction interim remedial measures, Site Plan Approval - Preliminary Presentation Michael Doherty is an engineer with AECOM as the applicant. Mr. Doherty presented the signed consent order's site history with the DEC and the former Duracell, Inc. site related to the remediation phases, including soil remediation and groundwater investigations completed on Village properties. Mr. Doherty stated that the groundwater investigation detected select VOCs above the New York State criteria. Since the Village does not use groundwater, the DEC does not require groundwater remediation. The soil vapor investigation results required the mitigation of seven properties. Six sub-slab mitigation systems, similar to radon gas systems, were installed and are operating in residences based on the DEC guidance and requirements. Mr. Doherty stated that the application proposes to install a larger-scale soil vapor extraction system to remove and treat VOCs. Mr. Doherty presented slides and described the treatment structures, the system's operation process, and the proposed restoration measures. Benjamin Nielsen asked Mr. Doherty if the system would be noisy for the neighboring properties. Mr. Doherty said they would insulate the treatment equipment's container housing and install silencers on the blowers for noise mitigation. A pre-construction noise survey would be conducted prior to the installation. Chairperson Harries asked Mr. Doherty to clarify where privacy fencing is proposed. Mr. Doherty stated a six-foot high chain link fence with green privacy screening would be installed to shield the treatment structure from the neighboring residential properties. Fencing would not be installed to shield the structure in the parking lot. Lindsay Krakauer asked Mr. Doherty if there is a top-down view of the structure and for the position of the pipe coming out of the top. Mr. Doherty stated the pipe would be located at the mid-point of the structure. 9 (1/18/24) �Ms. Krakauer suggested they position the pipe towards the parking lot side of the structure to shield the view from the new development. Mr. Krakauer asked Mr. Doherty if the Village could temporarily integrate the structure with artwork or a cover. Mr. Doherty stated that he would discuss the pipe location and the suggestions for integrating the structure with the owner. Chairperson Harries requested that they update the Site Plan to remove the single-family residence that no longer exists so that the Board can see the relationship between the container location and the residential buildings. Mr. Nielsen suggested using different fencing materials. There was a discussion regarding stormwater management relating to the temporary structures, grass area, and proposed landscaping. Mr. Doherty stated that revised plans would be submitted showing which trees will be removed, proposed stormwater management, and a restoration plan. No action was taken. 6. Francesco Alesci, 135 Beekman Avenue, Proposed 14-unit apartment building, Site Plan Approval Extension- Presentation Maximillian Mahalek stated that he is the attorney with the firm of Cuddy + Feder, LLP, representing the owner of 135 Beekman Avenue. Mr. Mahalek requested that the Board grant a one-year extension of the approved Site Plan. Chairperson Harries directed David Smith to draft a resolution for the February 22, 2024 meeting. 7. Rock of Salvation Church, 135 Cortlandt Street, Proposed parking lot, Site Plan, Approval - Preliminary Presentation Jorge Hernandez stated that he is the architect representing the Rock of Salvation Church. Mr. Hernandez stated that the applicant is seeking site plan approval to construct an off-street parking lot with 17 spaces on the vacant lot for the church parishioners. Mr. Hernandez stated he received the requests from the Building Department and the Village Engineer. Mr. Hernandez presented the proposed site plan drawings and described the details of the application. A discussion ensued with the Board and Mr. Hernandez regarding the history of the property ownership, proposed access and restrictions for the use of the parking spaces, and the possibility of an easement agreement with the owner of 139 Cortlandt Street. James Natarelli recommended that if the drainage from 139 Cortlandt Street is managed by the existing drywells on the subject property, they should continue to serve that purpose. 10 (1/18/24) �Mr. Hernandez stated that he would submit a supplemental submission to address the comments received from the Board and Village staff for the February meeting. No action was taken. 8. Lighthouse Landing Communities, LLC, Zoning Code Amendment Petition, Section 450-38- Height exceptions, Village Board of Trustees referral- Discussion The applicant requested an adjournment to the February 22, 2024 Planning Board meeting. 9. Approval of minutes, December 21, 2023 Chairperson Harries moved to table the minutes to the February 22, 2024 meeting. Moved: Harries Seconded: Gebler Vote 5-0 Chairperson Harries moved to adjourn the meeting at 9:20 PM. Moved: Harries Seconded: Krakauer Vote 5-0 Respectfully submitted, Pamela Kroll Secretary to the Planning Board 11 (1/18/24) �Exhibit #1 Subject: Date: Comments Received for 5 Birch Close Wednesday, January 17, 2024 12:38:11 PM From: E Tobey Sent: Wednesday, January 17, 2024 12:25 PM To: Sean McCarthy <smccarthy@sleepyhollowny.org>; Subject: Building Permit - Birch Close #3 Dear Sean and Paula,  Robert and I are objecting to the requested remodel building permit for #3 Birch Close. We are in receipt of the application and have studied it closely. The remodel/expansion would double the size of the current building. Not only is the size more than double of the average house in our neighborhood, it would compromise our view corridor by more than 70% according to our calculations.   We strongly object. Please make sure the planning board receives this message.  Thank you.  Robert would like to speak at the meeting tomorrow evening.  We have many concerns and questions that we would like to express and be taken seriously.   Thank you again. Ellen Tobey 34 Hemlock Drive Mobile 434-882-1577 �Exhibit #2 �Exhibit #3 �Exhibit #4 � 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-2024 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_2024-01-18 Approved Planning Board Minutes Subject The topic of the resource Planning Board Minutes & Resolutions-2024 Date A point or period of time associated with an event in the lifecycle of the resource 2024 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