https://sleepyhollow.localarchives.org/files/original/ce6fe30b66bf00de94596bd103a4e4be.pdf 15bad35b43f68e40d585196e66f512d3 PDF Text Text A regular meeting of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, November 13,2001 at 8:00 pm in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Deputy Mayor Mario DiFelice James Hart Donald Stever Richard Zieja Robert Higle Absent: Trustees Mayor Philip Zegarelli Trustee Patricia Rodriguez Deputy Mayor Mario DiFelice called the meeting to order with a prayer and pledge to the flag. He asked that everyone remained standing for a moment of silence for Dario Hildago, a local resident who died in the recent airplane crash. Mayor Zegarelli will send a letter of condolence to his family. Before going into the regular order of business, Trustee Hart moved, seconded by Trustee Higle to adjourn into executive session to discuss personnel, carried. Deputy Mayor DiFelice commented that no formal action was taken in executive session. Public Hearing- None Approval of Minutes Trustee Higle moved to approve the minutes of October 23,2001, seconded by Trustee Hart and carried unanimously. Trustee Stever moved to approve the minutes of November 7, 2001, seconded by Trustee Zieja and carried unanimously. Public Comments Mario Belanich commented on passing resolutions at workscssions and felt that this should not be done. Village Attorney will check into this. Mr. Belanich also asked that the traffic light at the corner of Beekman and Washington Street be checked since he felt it was a dangerous situation when the green light and arrow was on one side and the pedestrian had the right of way on the other. He also felt the sign should read no right turn at any time. Deputy Mayor's Report Deputy Mayor DiFelice commented that the Westchester Municipal Officials Association has asked municipalities to take action on a bill that is before the Senate which would have the County take over licensing of taxicabs and taxicab drivers. Police Chief Warren gave a brief explanation on the pros and cons of doing this. Brief discussion ensued and the board decided not to take any action at this time. �3o-7 Trustees' Reports Trustee Hart had no report. Trustee Zieja reported that the Fire Wardens have appointed a new member, Kai Sabens, to Pocantico Hook and Ladder; Trustee Zieja moved, seconded by Trustee Higle to approve the action of the Fire Wardens, carried. Trustee Zieja commented that the Police Committee will be interviewing candidates for the Police Officer's position. Trustee Stever reported that we have received and number of written comments regarding the proposed Ichabods' Landing and our Planning Consultants will incorporate these into the scoping session. Administrator's Report Dtvight Douglas reported that we have received a S5000.00 grant from the Department of Parks to help us finalize the work that has to be done at Horan's Landing. Brief discussion ensued on the use of the dock at the landing. Resolutions-Attached Old Business-None New Business-None Communications, Petitions & Requests Village Clerk was in receipt of correspondence from Paraiso Costeno Restaurant at 175 Valley Street informing the village of their intent to file application for a liquor license. (Referred to Police Chief) There being no further business, Trustee Hart moved, seconded by Trustee Higle to adjourn the meeting, motion carried. Respectfully submitted, Angela Everett Village Clerk 2 �JoZ I I Meeting Date: 11/13/01 Resolutions: 11/103/01 BE IT RESOLVED, that the Board of Trustees of the Village of Sleepy Hollow hereby calls for a public hearing on Tuesday, December 11,2001 to hear and consider a local law "Telecommunications Franchising and Licensing." A copy of the proposed local law is annexed hereto. The proposed total law would require a telecommunication provider seeking to use a Village local right of way to participate in an application and review process and pay for a fee for the use of the Village local right of way. Moved: Trustee Stever Seconded: Trustee Higle Vote: 5-0 Resolutions: 11/104/01 Be it resolved that the Board of Trustees does hereby move the regular board meeting of December 25,2001 to December 18,2001. I Moved: Trustee Hart Seconded: Trustee Higle Vote: 5-0 �M 11/86/2801 39:54 9146743688 wqp . PAGE TELECOMMUNICATIONS FRANCHISING AND LICENSING Section 1. Definitions. For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings set forth in this section, unless the context clearly indicates that another meaning is intended. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number and words used in the singular number include the plural number. Affiliated person means each person who falls into one (1) or more of the following categories: (i) each person having, directly or indirectly, a controlling interest in the applicant; (ii) each person in which the applicant has, directly or indirectly, a controlling interest; (iii) each officer, director, joint venturer or joint venture partner, of the applicant; and (iv) each person, directly or indirectly, controlling, controlled by, or under common control with, the applicant; provided that "affiliated person" shall in no event mean the Village or any creditor of the applicant solely by virtue of its status as a creditor and which is not otherwise an affiliated person by reason of owning axontrolling interest in, being owned by, or being under common o\vnership, common management or common control with, the applicant. Cable services means "cable services" as defined in the Communications Act of 1934, as amended by the Cable Communications Policy Act of 1984, the Cable Television Consumer . Protection and Competition Act of 1992, and the Telecommunications Act of 1996 and as may be further amended from time to time (the "Cable Act"). In the event that "cable services" is no longer defined in the Cable Act or the definition of Cable Act otherwise becomes inapplicable, "cable services" shall mean "cable services'' as defined in the Cable Act immediately prior to such term no longer being defined in the Cable Act or such definition otherwise becoming inapplicable. Control or controlling interest means actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments or negative control, as the case may be, of the applicant or the equipment in the streets. A rebuttable presumption of the existence of control or a controlling interest shall arise from the beneficial ownership, directly or indirectly, by any person, or group of persons acting in concert, of more than ten (10) percent of any person (which person or group of persons is hereinafter referred to as "controlling person"). "Control" or "controlling interest" as used herein may be held simultaneously by more than one (1) person or group of persons. Equipment means the poles, wires, electrical conductors, conduits, subways, manholes, fixtures, appliances and appurtenances that are used to provide teleccmununications services. Fra¥cHsemea^anhntiaIauttoriz^ _. accordance with the provisions of this chapter which authorizes the occupation and use of the streets to provide telewmmrmicatioris services. �3/.o l ll/BG/2081 09:54- 9146743688 M qp MSP PAGE May is permissive. Mayor means the Mayor of the Village or his/her designee. Ordinance means this chapter and all modifications and amendments thereto. Person means any individual or any association,firm,partnership, joint venture, corporation or other legally recognized entity, whether for profit or not for profit, but shall not mean the Village of Sleepy Hollow, jr. ---''.-,.\ : .... I Revocable license means an initial authorization or renewal thereof, issued by the Village in accordance with the provisions of this chapter, which authorizes the limited occupation and use of specifically identified streets, provided that a revocable license shall be issued only in the limited circumstances set forth in sections 2(b) and (g) of this chapter. Shall is mandatory, not merely directive. •---.-.. r -r-- Streets means the surface of, as well as the spaces above and below, any and all streets, alleyways, avenues, highways, boulevards, driveways, bridges, tunnels, parks, parkways, public grounds or waters, and other publicrights-of-waywithin or belonging to the Village. Telecommunications means all transmissions, between or among points specified by the user, of information of the user's choosing without change in the form or content of the information as sent and received. Telecommunications provider means any person who: I --.... (1) Owns, constructs, operates or maintains equipment in the streets used to provide telecommunications services regardless of whether such telecommunications services originate or terminate in the Village; or (2) Provides telecommunications services that originate or terminate in the Village by means of: (i) specifically identifiable equipment in the streets, which equipment is owned by such person or made available to such person under a lease or any other arrangement for a period longer than one hundred twenty (120) days; or (ii) equipment in the streets if the use of such equipment is continuing and substantial, and the Village has determined that it is necessary and appropriate to impose therequjrenients of this chapter in order to preserve the application of this chapter on a competitively neutral and notim^crirrunatory basis consistent with applicable law. Telecommunications services means the offering of telecommunications for a fee directly to the public, or tcTsuch~cIasses ofusers ss to be effectively available directly tathepublic^ . regardless of the facilities used. The term "telecommunications services" shall not include cable services. 04/12 �•31! 11/06/2831 09:54 9146743688 KRP " ^ PAGE 05/12 I Telecommunications system means the plant, equipment, real property (including interests in real property), tangible and intangible personal property, buildings, offices, furniture, customer lists, cable, wires, optical fibers, amplifier, antenna, and all other electronic devices, equipment and facilities used to provide telecommunications services. Village means the Village of Sleepy Hollow, New York. Village Board of Trustees the Board of Trustees of the.Village of Sleepy Hollow or any successor thereto. -"7: Section 2. Granting authority. . • - (a) No person shall use or occupy the streets as a telecommunications provider, or construct, operate or maintain equipment in the streets used to provide telecommunications, without a franchise or revocable license granted by the Village. A franchise or revocable license granted in accordance with the provisions of this chapter shall not be construed to grant any rights or authorization to provide cable services in the Village, and any person seeking to provide cable services in the Village shall- first obtain a separate franchise in accordance with ... applicable law. -' I (b) Any person seeking to use the streets to construct, operate or maintain equipment to provide telecommunications for or in connection with the internal operations of such person's business, residence or employment and not for or in connection with the provision or offering of telecommunications services for sale or resale to any person in the Village shallfirstobtain a revocable license in accordance with the provisions of this chapter. (c) The Board of Trustees may grant one (1) or more franchises and revocable licenses in accordance with this chapter, provided that the Board of Trustees reserves the right to modify any provision of this chapter by amendment hereof (d) The grant of any franchise or revocable license shall be made by adoption of a separate ordinance by the Board of Trustees and shall be on such terms and conditions as shall be specified in said separate ordinance and/or a franchise or license agreement between the Village and the franchisee or licensee. -or(e) Any franchise or revocable license granted shall be nonexclusive. The Village specifically reserves the right to grant, at any time, such additional franchises,-rcvocable licenses or other authorizations for use of the streets by any means, as the Village deems appropriate. (f) A franchise may be granted for all or any defined portion of the Village. (g) A revocable license is intended to be^limited grant of authority to Aise-and occupy specifically identified streets to provide telecommunications services and shall be granted only if. I �3 I 11/86/2081 09:54 9146743688 M qp " ^ PAGE (1) The use or occupation of such streets, together with all revocable licenses previously granted to such person and affiliated persons, shall not exceed two thousand five hundred (2,500) linear feet; or (2) The use or occupation of such streets does not involve the offering or provision of telecommunications services to any person within the Village. In the event an application for a revocable license would cause; a telecommunications provider to exceed or fail to.comply with the limits specified in subsection (i) or (2) above, then such telecommunications provider must apply for a franchise in accordance with'the provisions of this chapter and the use of specifically identified streets pursuant to all previously granted revocable licenses shall thereafter be pursuant to and in accordance with any such franchise that may be granted. --';'." I Section3. Compliance withirules; permits required. >;-!•..•_ •-•-.-,- ]-S ;." . (a) Subject to the provisions of this chapter, the Village may adopt rules, policies and requirements to carry out the purposes and provisions, of this chapter. Each applicant, franchisee and licensee shall comply with such rules, policies and requirements. (b) No person shall construct or install any equipment in the streets used to provide telecommunications services without first obtaining such permits or other authorizations as may be required by the Village. No permits or other authorizations for such construction or installation shall be issued prior to the granting of afranchise or a.revocable license pursuant to this chapter or such other authorization as may be required by applicable law. -;-.,;:_ Section 4. Submission of application. (a) Applications for franchises and revocable licenses shall be submitted to the Department of Fire and Life safety with a copy also to be submitted to the Village Counsel. I (b) An application shall contain the following information with respect to the proposedfranchiseor revocable license and such other information with respect to the proposed franchise or revocable license as the Village may deem necessary or appropriate, consistent with applicable law: (1) The name, address and telephone number of the applicant and the person the Village may contact concerning the application; (2) A description of the telecommunications services proposed to be provided, mcHdihg/wiftoiitlifrn^ - . .. (3) A description of the proposed franchise area or in the case of a revocable license, the specifically identified streets and/or portions thereof proposed to be used; 86/12 �3f 5 U/86/2001 09:54 9146743688 MSP " PAGE (4) A proposed construction schedule and sequence: (5) A map showing the proposed location of the applicant's telecommunications system; (6) > % - - . . / ' r .".I'.-: i r Proposedfinancingplans for the construction and operation of the telecommunications system bywhich the proposed telecommunications services would he provided;. . ". .'_'• I - . .. r'."";" . 2 "v ".;• .•'°i-"-';-:y.--.-.--V'-• (7) A description of the'legal, financial, technical and other appropriate qualifications" of the applicant to hold the franchise or revocable license; (8) Ownership of the applicant and identification of all affiliated persons. Section 5. Responsibilities of applicants. - -.- - •_,_. ... •••is---"- ------- -- -i- - -It shall be the responsibility of each applicant for a franchise or revocable license to comply with all applicable laws, ordinances, resolutions, rules, regulations and^ther directives'-*-*"*3 of the Village and any federal, state or local governmental authority having jurisdiction. Section 6. Negotiation of agreement -'"'..- -.- •:. If an application is complete and otherwise complies with applicable law, ordinances,-. - - •-.- - resolutions, rules, regulations and other directivesof the Village, including the provisionsrifthis - -~- chapter, the Village shall enter into negotiations with the applicant to determine whether such - . applicant and the Village are able to reach agreement on the terms of the proposed franchise of ^ revocable license in accordance with sections 9 and 10 of this chapter. The Village may reject any application which is incomplete or otherwise fails to comply with applicable law ordinances, resolutions, rules, regulations and other directives of the Village and any federal, state or local authority having jurisdiction. Section 7. Factors for review of application (a) In making any detenriination hereunder as any application for a franchise or revocable license, the Village Board may consider such factors as it deemsju>propriate and in the public interest, provided such factors are consistent with applicable law, including without imitation: (1) "~ "" The adequacy of the proposed compensation to be paid to the Village, including -ibe; value of anyfocilitiesand tdecoiM applicant to the Village. --- - �3/y I 11/06/2801 09:54 9146743688 MRP " ^ . (2) The legal,financial,technical and other appropriate qualifications of the applicant; (3) The ability of the applicant to maintain the property of the Village in good condition throughout the term of the franchise or revocable license; (4) PAGE Any services or uses of the streets that may be precluded by the grant of the franchise or revocable license; and the adverse impact of the proposed franchise or revocable license on te efficient use of the streets or utilities at present and in " the future; .. __ .,".,_.„ ,. - (5) I The willingness and ability of the applicant to meet construction and physical requirements and to abide by all lawful conditions, limitations, requirements and —" policies with respect to the franchise or the revocable license; (6) The adequacy of the terms and conditions of the proposedfranchiseor revocable license agreement to protect the public interest, consistent with applicable law; and (7) Any other public interest factors or considerations that the Village has a lawful" ''right to consider and that are deemed pertinent by the Village for safeguarding the interests of the Village and the public. (b) Consistent with applicable law, the Village may develop and implement policies and requirements to ensure that the streets have sufficient capacity reasonably to accommodate existing and future uses in a rational and efficient manner. In evaluating an appUcantTopa-->-~ • franchise or revocable license, the Village may consider an applicant's proposals for addressing • capacity needs arid compliance with city policies and requirements. Section 8. Procedure for consideration of and action on applications. I (a) The Village Board may take such investigations and take or authorize the taking of such other steps as the Village Board deems necessary or appropriate to consider and act on applications forfranchisesand revocable licenses and to determine whether afranchiseor revocable license should be granted to an applicant, and may require the applicant to furnish additional data for this purpose. In considering applications, the Village Board may seek advise iroiri Village officials, departments, agencies, boards, commissions or boards,fromsuch other advisory bodies as it may establish of determine appropriate, orfromthe public, and may request the preparation of one (1) or more reports to be submitted to the Village Board, which may include recommendations with respect to such applications. " " "(b) Consistent with applicable lawruponxompletionof the_steps_desmed appropriate by the Village Board, the Village Board may grant or deny special franchise or revocable license and may specify the conditions under which thefranchiseor revocable license is granted. 08/12 �11/06/2001 89:54 9146743588 M ^ ' PAGE 09/12 I Section 9. Terms and conditions of franchise. (a) The terms and conditions applicable to any franchise granted pursuant to this chapter shall be set forth in a separate ordinance granting thefranchiseand/or in a separate written agreement. A franchise granted pursuant to this chapter shall not become effective until said separate ordinance becomes effective and any separate agreement is executed by both parties. Such separate ordinance or written agreement, among other things, shall address the following subjects: " .,V:.,... . — - .- . , : .=; .-/-....... -'"';.,• ..• (1) The term of the franchise; (2) The franchise area and the telecommunications services to be offered; (3) The compensation to be paid to the Village, which shall include the payment of fees and/or the provision of facilities or services; -- - , , - : . (4) The circumstances upon which the franchise may be terminated or cancelled; (5) The mechanisms, such as performance bonds, security funds ofletters of credit, to' be put in place to ensure the performance of the franchisee's obligations under the franchise; (6) The Village's right to inspectthe facilities and records of the franchisee; . '-- (7) • " - "- """'.'"' : - . - ; : ; . - - .. - I • Insurance and indemnification requirements applicable to tfie=franchisee; * '^Zj^-j:. (8) The obligatiotfof the franchisee to maintain complete and accurate books of account and records, and the Village's inspection rights with respect thereto; (9) Provisions to ensure quality workmanship and construction methods; (10) Provisions to ensure that the franchisee will comply with all applicable Village, state and federal laws, regulations, rules and policies; (11) The obligation of the franchisee to supply an engineering site plan showing the proposed location of the applicant's telecoromunication system, including any manholes or overhead poles, 1he size, type and proposed depth of any conduit or other enclosure, and the relationship ofme "system to all existing poles; utilities, sidewalks, pavement, telecommunications systems, and other improvements in the streets, all of which shall be subject to approval by the appropriate Village departments; (12) Provisions to restrict the assignment or transfer of the franchise without the prior written consent of the Village; I �3r<* I 11/06/2001 09:54 M <;P Mi5 ^ PAGE (13) Remedies available to the Village to protect the Village's interest in the event of thefranchisee'sfailure to comply with the terms and conditions of the franchise; (14) Provisions to ensure that the franchise will obtain all necessary licenses and permits from, and comply with, all laws, regulations rules and policies of any governmental body having jurisdiction over the franchisee, including the Federal Coinmunications Commission; • -----.. c .. ,... ~__ _ •;-=• (15) Provisions to ensure that thefranchiseewill protect the property of the Village ' [•'" and the delivery of pubhc s ervicesfromdamage or interruption of operations - ".-• - resultingfromthe construction, operation, maintenance, repair or removal of improvements relating to thefranchise;and . -., I 9146743B88 ;.-; (16). Provisions designed to minimize the extent to which the public use of the streets -•of the Village are disrupted in connection with the construction of improvements. relating to thefranchise;and ... -------- •--•« - - >,- --=-(17) ; Such other provisions as the Village determines are necessary or appropriate in furtherance of the public interest, consistent with applicable law. •'-• - - -: -- •-: Section 10. Terms and Conditions of revocable license. The terms and conditions applicable to any revocable license granted pursuant to this -'chapter shall be set forth in the separate ordinance granting the revocable license and/or in a separate written agreement. A revocable license^ranted pursuant to this chapter shall not " •: -'^ become effective until the separate ordinance granting the license becomes effective and any; . i-= separate written agreement is executed by bom parties. Such separate ordinance and/or written._-.; agreement shall address the same subjects listed in section 4-23-10 of this chapter subject to the following limitations: (1) The revocable license shall be for a term not to exceed ten (10) yearsfromthe date that the ordinance granting the revocable license becomes effective; I (2) The revocable license shall be revocable at anytimeby the Village for cause or for the Village's purposes; and (3) The revocable license, together with all revocable licenses previously granted to the applicant or affiliated persons, shall not authorize the occupation and use of more than two thousand five hundred (2,500) linear feet of specifically identified streets, unless the use or occupation of the streets does not involve the offering or provision of telecommunications .services to. any person iu the Village. - - . :. 10/12 �311 11/06/2001 09:54 9146743688 MOO ^ PAGE 11/12 I In the event an application for a revocable license would cause a telecommunications provider to exceed or fail to comply with the limits specified in section 10(3) of this chapter, then such telecommunications provider must apply for a franchise in accordance with the provisions of this chapter and the use of specifically identified streets pursuant to all previously granted revocable licenses shall thereafter be pursuant to and in accordance with any such franchise that may be granted. - ; -;•;•-J/' -" - - -? -<->w*-.- - - - •--.- •--,- . _, I ---*-£.-»_» -^-z .-. I *wa.Vs-*«!ia5*a �3/J? r i n g Date: 11/13/01 Resolution #: RESOLUTION 11/105/01 . WHEREAS, ia conjunction with the proposed development of Ichabod's Landing by Ginsburg Development LLC in the. Village of Sleepy Hollow, the applicant pursuant to the procedures set forth in 6 N.Y.C.R.R. Part.617.S has prepared a draft scoping outline; and . "WHEREAS, the Board of Trustees of.the Village of Sleepy Hollow as Lead Agency on October 23,2001 conducted a public hearing onsuchdraft.scoping outline; and", WHEREAS, subsequent to the public hearing, the Village has received written comments ------ *. on the draft scoping outline from a number of individuals and organizations including, but not limited to, the Village ofTarrytown and Scenic Hudson; and Historic" Hudson Valley: and WHEREAS in response to the public comments received by the Lead Agency, the Board " of Trustees has determined, to. n^e.certaui.modificafions^p .the draft .scoping outline to' address '""""' "the concerns expressed bytrk>sc"parties commenting on the draft scoping outline; and expressed by . members o f t h e V i l l a g e B o a r d of T r u s t e e s ; a n d ". -~t"" -<----.— -- WHEREAS all involved agencies and interested parties having had full opportunity to be heard, IT IS THEREFORE RESOLVED that the Mayor and Board of Trustees of the Village of Sleepy Hollow as Lead Agency hereby adopts the revised scoping outline dated November 13, 2001, a copy of which is annexed hereto and is further Resolved that the Village Clerk is hereby directed to transmit a copy of the revised . scoping outline to all involved and interested agencies. . Moved: trustee "Stever Seconded t r u s t e e Higle Vote: 5 Q ~ �Scoping Document For the Draft Environmental Impact Statement For Ichabod's Landing Village of Sleepy Hollow, New York Proposed Action: The proposed action is an application from Ginsburg Development, LLC (the applicant/sponsor) for approval of a Special Permit and Riverfront Development Concept Plan Approval for a proposed mixed use development to be constructed on a 5.2 acre site consisting of 3.4 acres of upland and approximately 1.8 acres of land under water. The property is situated on the Hudson River in the Village of Sleepy Hollow, Town of Mt. Pleasant, Westchester County, New York, and located at the intersection of Beekman Avenue and River Street, both Village streets. The proposed mixed use development consists of 9,500 sq. ft. of "street front" retail, 50 residential townhouse units (several of which will contain a live/work component), a public riverfront esplanade and plaza, off street parking and other related accessory uses. In addition to the Riverfront Development Special Permit and Concept Plan Approval from the Village of Sleepy Hollow Village Board of Trustees, other required approvals include: Site Plan Approval from the Village of Sleepy Hollow Planning Board; Westchester County Health Department approvals of the Realty Subdivision, and of the water and sanitary sewer facilities; a joint Army Corps of Engineers/State Department of Environmental Conservation Permit for the rehabilitation/replacement of the existing site bulkhead; and possible public funding from the State of New York and/or the County of Westchester for the public riverfront esplanade and plaza. The property is situated in the Village of Sleepy Hollow Riverfront Development Zoning District, with approximately 250 of frontage on River Street and approximately 700 feet of frontage on the Hudson River. Classification of Action: The proposed action is an Unlisted Action Lead Agency: Mayor and Board of Trustees ofthe Village of Sleepy Hollow Village of Sleepy Hollow Village Hall 28 Beekman Avenue Sleepy Hollow, New York 10591 Scoping Session: October 23,2001,7:00 PM Village of Sleepy Hollow Village Hall Meeting Room 28 Beekman Avenue Sleepy Hollow, New York 10591 November 6,2001 End of Comment Period: Scoping Document Adopted: November 13.2001 Page 1 of 10 �3^ i GENERAL GUIDELINES: The Draft Environmental Impact Statement (DEIS) should cover all items in this scoping document. The DEIS should conform to the format outlined in this scope. For the specific issues identified in the scoping process, the DEIS will provide a topic-by-topic analysis of existing conditions, anticipated impacts, and mitigation measures designed to mitigate the identified impacts. For the sake of clarity, these issues should not be segmented and revisited in subsequent chapters of the DEIS. Impacts should be described as either short term construction related impacts, or long term impacts. Where relevant, cumulative impacts should be discussed. If appropriate, impact and mitigation issues listed separately in this outline may be combined in the DEIS, provided that all issues to be included are clearly addressed. Unless otherwise specified herein, the items to be discussed in the DEIS pertain solely to the proposed Ichabod's Landing development in the Village of Sleepy Hollow. A conceptual discussion of the possible future development of the adjacent 100+ acre General Motors (GM) site located to the north of the subject property should be provided where specifically set forth in the Scoping Document. Narrative discussions should be accompanied by appropriate tables, charts, graphs, and figures wherever appropriate. If a particular subject can be most effectively described in graphic format, the narrative discussion should merely summarize and highlight the information presented graphically. Information should be presented in a manner that can be easily understood by the public. Efforts should be made to avoid the use of technical jargon. When practical, impacts should be described in terms that the lay person can readily understand. The document should be written in the third person (i.e. the terms "we" and "our" should not be used). The applicant's conclusions and opinions, if given, should be identified as those of the "applicant." The DEIS should be organized according to the following sections: FRONT MATERIAL A. Cover Sheet: The DEIS must begin with a cover sheet that identifies the following: 1. That it is a Draft Environmental Impact Statement 2. The name or descriptive title of the action 3. The location of the action 4. Village of Sleepy Hollow Village Board as lead agency and the name, address and telephone number of the person who can provide further information Page 2 of 10 �B. C. L 5. The name and address of the project applicant/sponsor, and the name and address of the person representing the applicant 6. The name and address of the primary preparer of the DEIS and the contact person representing the preparer 7. The date submitted 8. The date of acceptance of the DEIS (to be inserted later) 9. The deadline by which comments on the DEIS are due (to be inserted later) List of Consultants Involved with the project: The names, and addresses of individuals or organizations that prepared any portion of the DEIS should be listed. Table of Contents: All major headings that appear in the text should be presented in the Table of Contents along with appropriate page numbers. In addition, the Table of Contents should include a list of figures, a list of tables, a list of appendix items and a list of additional DEIS volumes, if any. EXECUTIVE SUMMARY: The DEIS must include an executive summary, to be organized as follows: A brief description of the proposed action List of involved agencies and required approvals/permits Brief listing of the anticipated impacts and proposed mitigation measures Brief description of the project alternatives considered in the DEIS Brief conceptual description of the possible future development of the GM site, including an analysis of the site's development potential under existing zoning. IL DESCRIPTION OF THE PROPOSED ACTION: A. B. C. D. E. F. G. H. I. J. K. Introduction Property Location and Description Site and Its surroundings Overall Design Approach Illustrative Site Plan Mixed Use Development (including viability ofcommercial/retail space) and Architectural Concepts Public Waterfront Access and Open Space, including proximity to the Tarrytown Harbor Channel and potential future ability to accommodate vessel tie-ups. Possible Beekman Avenue Extension Proposed Access and Circulation Enhancement of Community Character Site Utilities Page 3 of 10 �3<2 A I L. M. III. REQUIRED PERMITS AND APPROVALS. INVOLVED AND INTERESTED AGENCIES A. B. C. D. I E. F. G. H. I. J. K. L. M. N. I IV. Storm Water Management Purpose, Need and Benefits of the Proposed Project Village Board of Trustees Special Permit and Concept Plan Approval Village Planning Board Site Plan Approval Westchester County Health Department Approval of Realty Subdivision for Condominium, Approval of Plans for Public Water Supply and Wastewater Disposal System Village of Sleepy Hollow Waterfront Advisory Committee Recommendation with Regard to LWRP consistency Village of Sleepy Hollow Architectural Review Board review U.S. Army Corps of Engineers (Nationwide General Permit No. 3/Joint Permit with NYSDEC for Bulkhead Replacement) which may also include: NYS Department of State (Consistency concurrence on Army Corps Application) NYS Department of Environmental Conservation (Joint Permit with Army Corps for Bulkhead Replacement) Possible Governor's Office and/or County Executive's Office/County Legislators' approval of public funding of riverfront esplanade and plaza PossibleNYS Office of Parks, Recreation and Historic Preservation approval for public funding of public riverfront esplanade and plaza Possible Westchester County Department of Parks, Recreation and Conservation approval of public funding of riverfront esplanade and plaza Possible review by Westchester County Department of Environmental Facilities (indirect connection to County Trunk Sewer) Miscellaneous Village of Sleepy Hollow Permits including Flood Damage Prevention Permit Westchester County Planning Board Review Listing of Interested Parties that have expressed interest in receiving the DEIS EXISTING ENVIRONMENTAL CONDITIONS. POTENTIAL IMPACTS AND MITIGATION MEASURES A. Zoning and Land Use 1. Existing Conditions a. Existing Zoning in the Villages of Sleepy Hollow and Tanytown in the vicinity of the proposed action b. Existing Surrounding Land Uses in the Villages of Sleepy Hollow and Tanytown including a discussion of riverfront uses in the Page 4 of 10 �3^3 2. B. Natural Features 1. Existing Conditions a. Topography and Soils including a discussion of topography in the vicinity of the site b. Vegetation c. Summary of Phase 1A Environmental Review 2. 3. C. vicinity of the site in both Villages and an analysis of the development potential of the GM site under existing zoning. Potential Impacts and Mitigation a. Conformity with the existing Riverfront Development District, including the requirement for a mixed use development b. Relationship to Existing Area Land Uses and Zoning c. Conformance with the policies in the Sleepy Hollow Local Waterfront Revitalization Program (LWRP) and consideration of the proposed LWRP for the Village of Tarrytown to the extent that it is relevant d. Conformity with Applicable Regional Plans, including Patterns. e. Relationship to the possible future development of the General Motors site Potential Impacts a. Alteration to more than 2 acres of land b. Rock Removal c. Other construction related impacts d. Removal of vegetation and ground cover e. Environmental aspects, if any Mitigation Measures a. Appropriate site design and construction methods considering soil conditions and other related site characteristics b. Employment of Erosion Control Measures in Accordance with Best Management Practices c. Identification and Implementation of Blasting Protocol d. Proposed Landscaping and Site Features Storm Water Management 1. Existing Conditions a. Identification ofexisting site drainage patterns and drainage areas and related off-site drainage areas 2. Potential Impacts a. Identification of potential impacts of the proposed action on the identified drainage areas on the subject property, including alterations to drainage flow patterns or to surface water runoffand also including the potential impact of the proposed action upon flooding on River Street to the south of the site Page 5 of 10 �3^r I 3. D. b. Potential Impact on water quality from the proposed action c. Construction within a flood hazard area Mitigation Measures a. Development of a storm water management plan for the proposed action considering peak rates of runoff b. Development of a storm water management plan which mitigates adverse impacts to water quality by management of the first flush of runoff c. Implementing erosion and sedimentation control measures in accordance with Best Management Practices d. Minimize the introduction of impervious areas through the use of alternate surface/paving materials where practicable e. Construction in accordance with the requirements of the Sleepy Hollow Flood Damage Prevention Law Traffic and Transportation 1. Existing Conditions a. Inventory of existing conditions, AM and PM weekday and Saturday peak hour traffic volumes and other factors, including capacity analyses for the following intersections: Beekman Avenue and Hudson Street Beekman Avenue aid Pocantico Street Wildey Street and Cortland Street (in the Village of Tarrytown) Main Street and Cortland Street (in the Village of Tarrytown) Beekman Avenue and North Broadway (State Route 9) Bedford Road and North Broadway (State Route 9) Railroad Avenue and H-Bridge (in the Village of Tarrytown) North South Road and H-Bridge (in the Village of Tarrytown) River Street and Site Access Beekman Avenue and Cortland Street Hudson Street and Division Street(in the Village of Tarrytown) I 2. b. Consideration of school bus traffic utilizing the intersections to be studied during the identified peak hours c. Existing public transportation opportunities including busservice and commuter rail service. Potential Impacts a. Future Conditions in the build year with the proposed action should be analyzed at all of the above-listed intersections, considering available information relative to traffic impacts that may result from other proposed developments in the vicinity of the proposed action which are expected to occur prior to the proposed action's build year in accordance with a standard traffic engineering methodology. Page 6 of 10 �yx < I b. Anticipated impacts of the proposed action on public tiansportation including bus service and commuter rail service c. Consideration of the potential impact upon a possible access to the GM site located at or near River Street and Beekman Avenue. d. Discussion of potential future pedestrian and bicycle access. Mitigation Measures a. Developing the proposed action in accordance with Riverfront Development District b. Site access and circulation designed to accommodate emergency vehicles c. Consideration of alternate means of access to train station such participation in area jitney service d. Consideration of a suitable school bus stop location and/or a public bus stop location or locations (s) to serve the proposed action E. F. Utilities 1. Water Supply a. Existing facilities in Sleepy Hollow in the vicinity of the proposed action considering availability and adequacy of supply b. Impacts of the proposed action on existing facilities, including demand and proposed connections to existing facilities c. Mitigation measures including rninimizing connections to existing facilities 2. Sanitary Sewer a. Existing facilities in Sleepy Hollow in the vicinity of the proposed action considering availability and adequacy b. Impacts of the proposed action on existing facilities, including project generation and proposed connections c. Mitigation including proj ect design that achieves sanitary sewer service to all proposed units while minimizing connections to the existing system 3. Private Utilities a. Existing conditions in the vicinity of the proposed action in terms of availability of gas, electric, telephone and cable television service b. Project impacts including method of installation c. Mitigation including installation of underground utilities in accordance with Village of Sleepy Hollow requirements. Cultural Resources 1. Existing Conditions a Historic Resources in Sleepy Hollow in the vicinity of the proposed action Page 7 of 10 I I �3°^ I b. Visual conditions of the site and surroundings, including: The intersection of Beekman Avenue and Hudson Street (viewshed #9 in the LWRP); From the Village's Sleepy Hollow Landing Park looking north; From the GM site; and From the Hudson River. I I c. Community Character in the vicinity of the proposed action d. Existing Open Space and Recreational Resources in the vicinity of the proposed action in both Sleepy Hollow (including the Horseman's Trail) and Tarrytown Potential Impacts a. Potential impacts to Historic Resources b. Potential visual impacts in relation to locally identified viewsheds, including potential impact upon views to and from the Hudson River c. Impact upon Open Space and Recreation Resources in the vicinity of the proposed action, including formally established or formally proposed local trail systems such as a Hudson River riverwalk d. Impact on land uses and community character including consideration of the Westchester County Critical Environmental Area (Hudson River and Shoreline) Mitigation Measures a. Utilize appropriate elements of Village architecture in the design of the proposed action in order to relate harmoniously to the character of existing development along Beekman Avenue and in other areas of the downtown b. Develop the proposed action at a scale that is comparable to existing development along Beekman Avenue and in other areas of the downtown c. Consider potential architectural, visual and functional "linkages" between existing development along Beekman Avenue and the Hudson River through the use of appropriate architectural design and streetscape design, and the provision of a public pedestrian access connection directly from Beekman Avenue/River Street to the waterfront d. Site design that considers the possible future development of the General Motors site e. Provide public access to and along the Hudson River waterfront f. Consider potential linkages between the existing Village park and the General Motors site g. Mitigate visual impacts and impacts to scenic resources to the extent practicable, such as by affording on-site access to locally - important viewsheds Page 8 of 10 �h. i. j. k. G. Utilize construction methods for the riverfront esplanade and plaza that are designed to stabilize the existing shoreline Consider dedication of prominent open space elements on the site including the riverfront esplanade and plaza Develop proposed action in accordance with recently enacted Riverfront Development District Discussion of any proposed lighting, landscaping and street furniture to be incorporated into the promenade design. Community Facilities 1. Existing Facilities and services in Sleepy Hollow including Police, Fire, Ambulance, Schools and Recreation, including a fiscal evaluation. 2. Potential Impacts on community facilities including an estimate of total population, school age children and a discussion of fiscal impacts to be generated by the proposed action and a discussion of housing. 3. Mitigation Measures ALTERNATIVES A. B. C. D. E. No Action Alternative Development of a 66 Unit Residential Development with live/work component (Original Plan) Alternative Riverfront Esplanade/Plaza Ownership Scenarios, Construction Methods and Design Parameters, including variations in the vertical and horizontal separation between public, semi-public and private spaces Alternative architectural treatments Other Alternative Mitigation Measures, if any OTHER ENVIRONMENTAL IMPACTS A. B. C. D. Adverse Environmental Impacts that Cannot be Avoided Irreversible and Irretrievable Commitment of Resources Growth Inducing and Secondary Impacts Effects on Energy Use and Conservation Page 9 of 10 �3 ^ SOURCES AND BIBLIOGRAPHY APPENDICES 1. 2. 3. "All SEQR documentation, including a copy of the Full Environmental Assessment Form, Positive Declaration and the DEIS Scoping Outline Copies of all official correspondence related to the issues discussed in the DEIS Copies of all technical studies including: Traffic Impact Evaluation Storm Water Management Evaluation Cultural Resource Report - Stage 1A Literature Review Preliminary Subsurface Investigation Page 10 of 10 �3^ I Meeting Date: 11/13/01 Resolution #: 11/106/01 Be it resolved that the Board of Trustees does hereby call for a public hearing on Tuesday, November 27, 2001 at 8 pm to re-consider and consider the revocation of local law #13 amending Section 57-38 of the Village of Sleepy Hollow Village code. Moved: Trustee Zieja Seconded: Trustee Higle Vote: 5-0 . . I I � 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 Board of Trustees Meeting Minutes & Resolutions-2001 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_TRUST_2001-11-13 Subject The topic of the resource Board of Trustees Minutes-2001 Date A point or period of time associated with an event in the lifecycle of the resource 2001 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