https://sleepyhollow.localarchives.org/files/original/463be9fb500731645389ae60bc9df9e8.pdf 1e7461b501c7bec3ab808e286ef7a437 PDF Text Text Mumtesofthe Board of Trustees Village of Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, December 2,2003 at 7:30 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip E. Zegarelli. Mario DiFeliee Don Stever Jim Hart KayGrala Richard Zieja Richard Spota Trustees Also Present: Dwight H. Douglas, Village Administrator Robert Ponzini, Village Counsel Joel Sachs, Special Counsel David Smith, Planning Consultant Abe Zambrano, Treasurer Judd Siebert, Planning Board Counsel At 7:50 p.m. on a motion of Trustee DiFeliee, seconded by Trustee Stever, Mayor Zegarelli called the meeting into executive session in order to review certain litigation matters. On a motion of Trustee Zieja, seconded by Trustee Hart, the Board came out of executive session at 7:56 p.m. and back into its work session agenda. At 8:10 p.m. on a motion of Trustee Stever, seconded by Trustee Grala, the Mayor called the board into special session. During the special session, the attached resolutions were duty acted on as noted. Mayor Zegarelli announced that the Village had received formal notification of a one hundred and twentyfivethousand dollar grant to assist with the development of a senior center. At 8:32 p.m. on a motion of Trustee Spota, seconded by Trustee DiFeBce and carried unanimously, the special meeting of the Board ofTrustees was adjourned and the VSlage ofSleepy Hollow Board of Trustees resumed its work session. The work session meeting adjourned at 9:35 p.m. Respectfully submitted, �563 Meeting Date: December 2,2003 Resolution Number 1 2 / 2 3 0 / 0 3 VILLAGE OF SLEEPY HOLLOW MAYOR AND BOARD OF TRUSTEES CONSISTENCY FINDINGS ICHABOD'S LANDING WHEREAS, on or about August 14,2001, Ginsburg Development, LLC, ("the Applicant") submitted a formal application for Special Permit and Concept Plan Approval ("the Proposed Action) to the Mayor and Board of Trustees of the Village of Sleepy Hollow, New York ("the Village Board") with related approvals from other Village agencies for the construction of a mixed-use riverfront development to be known as "Ichabod's Landing" on approximately 3.4 acres of upland area of an approximately 5.2 acre site also known and designated on the tax assessment map of the Village of Sleepy Hollow as Section 16, Block 1, Lot l("the Site"); and WHEREAS, said application did include, among other items, a site plan application form, site plan application checklist, coastal assessment form, full environmental assessment form, a project description and conceptual site plan; and WHEREAS, the Mayor and Board of Trustees have acted as the Lead Agency under the State Environmental Quality Review Act (SEQRA) for the purposes of conducting an environmental review for the Proposed Action; and WHEREAS, the Proposed Action must be reviewed under Chapter 59A Waterfront Consistency Review of the Sleepy Hollow Village Code; and WHEREAS, during the course of the SEQRA review, the Applicant did appear before the Village's Waterfront Advisory Committee (WAC) to solicit comments on a preliminary version of the proposed site plan; and WHEREAS, individual members of the WAC did provide comments which were responded to during the course of the environmental review, and did cause there to be modifications made to preliminary site plan; and WHEREAS, under Chapter 59A-4.A of the Village Code, the WAC is authorized to review and make recommendations regarding the consistency of proposed actions with the Sleepy Hollow Local Waterfront Revitalization Program policy standards and conditions; and WHEREAS, at its meeting on September 3, 2003, the WAC considered the Final Environmental Impact Statement for the proposed construction of Ichabod's Landing and did unanimously concluded that the project would be consistent with the goals and policies ofthe Sleepy Hollow Local Waterfront Revitalization Plan ("LWRP); and WHEREAS, the WAC did forward their consistency review recommendations to the Mayor 1 �I and Board of Trustees for their review and consideration; and WHEREAS, Chapter 59A-5.H requires that written findings be made by the Village Board with respect to the consistency of the Proposed Action with the Local Waterfront Revitalization Policy standards and conditions; and WHEREAS, the proposed mixed use development project would consist of forty-four residential townhomes, with approximately 2,900 square feet of retail space included in one of the buildings in the complex fronting on River Street. The most westerly building in the complex would be set back ninety-eight feet from the Hudson River shore, providing a public esplanade along the River's edge. A narrower continuation of the esplanade at the southern side of the complex would link this public space with the Village's Horan's Landing. The entire esplanade would become dedicated to the Village as public space. As part of the project, the Applicant would undertake the re-design and improvement of Horan's Landing; and I NOW, THEREFORE, BE IT RESOLVED, that the Village Board does hereby make the following determinations with respect to the following policy guidelines outlined in Chapter 59A5.G. of the Village Code: (1) Revitalize the Deteriorated and Underutilized Waterfront Areas. The project site consists of a former industrial site that, for many years, has been paved over. It is substantially unused and is unsightly. The project would create a significant residential and commercial use for this underutilized and deteriorated site where the potential for further deterioration is present At best, the site is and, if it remains undeveloped, will continue to be an aesthetic detriment to the Village. The project consists of both commercial and residential uses. The relatively small size of the site (only 3.4 acres upland) effectively precludes the feasibility of a more varied mix of uses. The architectural style selected for several of the buildings in the complex attempts to echo the architectural elements of the commercial buildings along Beekman Avenue, and for the north side of the complex, a "mercantile" or "wharf style" architectural style has been selected with the intention of complementing the anticipated style of the Lighthouse Landing project under design to the north of Ichabod's Landing. The proposed esplanade would create a linkage with other public access points along the riverfront. I (2) Retain and Promote Commercial and Recreational Water-dependent Use. The project would include bollards and cleats along the shoreline to facilitate boat-tie ups along a portion of the western bulkhead. There would be a potential for accommodation ofriverexcursion boats. Flood and erosion protection would also be afforded by replacement of a section of deteriorated bulkhead at the southwest comer of the site with ariprapbreakwater. The Applicant has committed to improving the 2 �565 I existing bulkhead along a portion of the western shoreline and complete replacement of the deteriorated bulkhead along the southern shoreline. The Applicant has further agree to participate with the Village to secure grant funding to make improvements to Horan's Landing. (3) Strengthen the Economic Base of the Sleepy Hollow Smaller Harbor Areas by Encouraging Traditional Uses and Activities. The Proposed Action calls for the redevelopment of a currently underutilized property and includes a commercial component that complements the proposed residential community. (4) Ensure That Development Occurs Where Adequate Public Infrastructure Is Available to Reduce Health and Pollution Hazards. The Lead Agency has considered the availability of public services and facilities to the site and found them adequate for the proposed project. The Village is currently preparing an environmental impact statement for the proposed expansion of the Village's water supply and will continue to coordinate with the Westchester County Department of Health regarding this issue. (5) H ^ a Expedite Local Permit Procedures and Use Performance Standards for Development Within the Waterfront Area. This policy is not applicable to the Proposed Action. (6) Protect Significant and Locally Important Fish and Wildlife Habitats from Human Disruption and Chemical Contamination. This Policy, to a limited extent, is relevant in that the addition of the proposed riprapped section to the shoreline could potentially be beneficial to marine life in the River. (7) Encourage and Expand Commercial Fishing Facilities to Promote Commercial and Recreational Fishing Opportunities. This policy is not applicable to the Proposed Action. 3 . I I �Minimize Flooding and Erosion Hazards Through Nonstructural Means, Carefully Selected, Long-term Structural Measures and Appropriate Siting of Structures. The modification of the project to increase the setbacks from the originally proposed forty feet to ninety-eight feet along the western side of the site and replacement of the degraded bulkhead with the proposed riprapped edging were relevant to the consistency of the project with LWRP policies related to flood prevention and erosion. It was noted that existing bulkhead located along the western shoreline would be retained with a minimum of 20 years of serviceable life and that a section of deteriorated bulkhead along the southern boundary of the property would be replaced along with the above-mentioned riprap. The plans for maintenance of the existing shoreline structures that are viable and replacement of the portion that is not viable were found by the Village Board to be compliant The Village Board notes that the Applicant is committed to constructing or preserving shoreline structures, but that the Village and the Applicant may apply for funding to be used for waterfront improvements which may offset all or a portion of the costs related to shoreline structures. Safeguard Economic, Social and Environmental Interests in the Coastal Area When Major Actions Are Undertaken. The Village Board observed that due consideration to the indicated interests and safeguards had been given, as detailed in the project's Final Environmental Impact Statement. Maintain and Improve Public Access to the Shoreline and Water-related Recreational Facilities While Protecting the Environment. At present, the project site is fenced and there is no public access to the Hudson River from the property. The project includes a public esplanade along the River on the site's western and southern sides. The southern side of the esplanade will connect with the Horan's Landing and a pathway will connect the esplanade to River Street. The northern end of the esplanade will give access to an anticipated public space along the shoreline and to the Kingsland Point Lighthouse and Kingsland Point Park 4 �50^ I through the Lighthouse Landing project that is expected to be developed on the General Motors property. The Ichabod's Landing project also includes a commitment by the Applicant to redesign and enhance the Horan's Landing park. The Village Board recognizes that the proposed uses for the site, consisting of residential and commercial retail space, do not comprise water-dependent or waterenhanced recreational uses. The Board notes, however, that the upland portion of site is quite small - only 3.4 acres - and that the size constraints severely limit the feasibility of water-dependent or water-enhanced recreational uses. Moreover, the public esplanade that will border the buildings on the western and southern sides of the site will provide a degree of recreational access to the riverfront. The primary purpose of the development is residential; anticipated demand for water-dependent and water-related activities can be adequately accommodated at the adjacent and much larger Lighthouse Landing development site. However, the Applicant has made accommodations for a vessel tie-up area along the western bulkhead and has offered to coordinate with the Village on improvements to Horan's Landing, including the rehabilitation/replacement of the existing floating dock. (11) Protect and Restore Historic and Archaeological Resources. I This policy is not applicable to the Proposed Action. (12) Protect and Upgrade Scenic Resources [citing the Hudson River from the corner of Beekman Avenue and Hudson Street as one of twenty-three viewsheds of local importance]. The Village Board notes that, based on comments raised as part of the environmental review, the proposed footprint for Building 4 in the complex had been moved to the south in order to preserve the viewshed to the Hudson River along Beekman Avenue from its intersection with Hudson Street In addition, the Village Board further notes that the dedication of the esplanade space to the Village would provide and enhance views of the River from new publicly-owned property. (13) Site and Construct Energy Facilities in a Manner in Which Will Be Compatible with the Environment and Contingent upon the Need for a Waterfront or Water Location. This policy is not applicable to the Proposed Action. l-affM'lJ-I-isi-,.- I �(14) Protect Surface and Ground Waters from Direct and Indirect Discharge of Pollutants and from Overuse. Best management practices will be used to ensure the control of storm water runoff, to minimize the non-point discharge of excess nutrients, organics and eroded soils into coastal waters. The Village Board recognizes that, as a matter of law, the Applicant will be required to comply with these matters, which are governed by state laws and, in the case of storm water runoff, by Department of Environmental Conservation regulation. (15) Perform dredging and dredge spoil in a manner protective of natural resources. This policy is not applicable to the Proposed Action. (16) Handle and Dispose of Solid and Hazardous Wastes and Effluents in a Manner Which Will Not Adversely Affect the Environment Nor Expand Existing Landfills. This policy is not applicable to the Proposed Action. (17) Protect Air Quality This policy is not applicable to the Proposed Action. (18) Protect Freshwater Wetlands. This policy is not applicable to the Proposed Action; now, therefore, be it further RESOLVED, on the basis of its consideration of the consistency of the proposed Ichabod's Landing project with the foregoing LWRP Policies as outlined in Chapter 59A-5.G.(1)- (18), and upon due consideration of the consistency recommendation provided by the WAC, the Mayor and Board of Trustees finds that the Propose Action is consistent with the policies and goals of the LWRP. Moved: T r u s t e e S t e v e r Seconded: T r u s t e e Z i e j a 6 V ote:Unanimous �56$ I Meeting Date: December 2,2003 Resolution Number: 1 2 / 2 3 1 / 0 3 VILLAGE OF SLEEPY HOLLOW MAYOR AND BOARD OF TRUSTEES RESOLUTION OF SPECIAL PERMIT AND CONCEPT PLAN APPROVAL ICHABOD'S LANDING RIVERFRONT DEVELOPMENT WHEREAS, an application to grant a Special Permit and Concept Plan Approval for the construction of a mixed-use riverfront development project has been made by Ginsburg Development, LLC, ("the Applicant") to the Mayor and Board of Trustees (the "Board") of the Village of Sleepy Hollow; and WHEREAS, the subject mixed-use riverfront development is proposed to be located on ±3.4 acres ofupl J area of an approximately 5.2 acre site also known and designated on the tax assessment map ofthe Village of Sleepy Hollow as Section 16, Block 1, Lot 1 (the "Site"); and WHEREAS, the proposed riverfront development project to be known as "Ichabod's Landing" consists of 30 two bedroom and 14 three bedroom townhouse units, 2,900 square feet of retail space, 131 ofF-street parking spaces, and related accessory uses with approximately 30 percent of the site to be dedicated as permanent public access (hereinafter known as "the Project"); and WHEREAS, it is noted that the Board acted as Lead Agency under the State Environmental Quality Reviiew Act (SEQRA) and did determine in the Environmental Findings Statement adopted October 28, 2003, that i proposed Project, with the mitigative measures identified therein, would not have a significant environmental impact; and WHEREAS, the Board held a public hearing on the Special Permit and Concept Plan Approval application Page 1 of 16 �570 335 I . . . on November 18,2003 during which all persons interested in commenting on the special permit and concept plan approval application were provided an opportunity to be heard; and WHEREAS, in support of the Special Permit and Concept Plan Approval Application the Applicant has submitted the following large-scale plans generally entitled: Title TS AM SP-1 SU-1 _ JiC-1 ^•V-1 9^-2 A-3 A-4 A-5 A-6 P-1 D-l D-2 D-3 D-4 L-1 Scale As noted 1" = 200' Title Sheet Area Map Architectural Site Plan Site Grading and Utility Plan Soil Erosion Control Plan Typical Unit Plans with Retail Space Typical Unit Plans Typical End Unit Plans Elevations — Building 1 Elevations — Building 4 Elevations — River, South and West Utility Profiles Erosion Control Details Site Details Miscellaneous Details Water Quality Details and Notes Conceptual Landscape Plans 1" = 30* 1" = 30' 1" = 30' VA"= V l A"= V •/<»= i» 3/ n _ i i '32 * 3 1 / " = 1' '32 3/ '32 i» _ i» * As noted As noted As noted As noted As noted As noted Last Revised Source* MW 8/8/03 8/15/02 GD, LLC DCP 8/8/03 MW 8/8/03 MW 8/8/03 DCP 7/21/03 7/21/03 DCP 7/21/03 DCP DCP 4/9/03 7/21/03 DCP 7/21/03 DCP 7/20/03 MW 4/3/03 MW 7/20/03 MW 7/20/03 MW 7/20/03 MW 11/25/03 TBA * Source: MW = Michael Wein, P.E. GD, LLC = Ginsburg Development, LLC DCP = Do Chung & Partners; and TBA = Thomas Balsely Associates I WHEREAS, the Project is fully described in the Draft Environmental Impact Statement (DEIS), Final Environmental Impact Statement (FEIS), Findings Statement, in all materials and in submissions in support thereof, and the application materials referenced above; and WHEREAS, the Applicant and the Village are desirous of increasing the water dependent and water related Page 2 of 16 �571 I uses associated with the proposed application and have promoted the use of improvements to the existing floating dock system at Horan's Landing and coordinating on the application of grant funding for the potential improvement of that area due west of Horan's Landing to potentially accommodate boat slips and or mooring fields; and WHEREAS, the Board has reviewed the application for Special Permit and Concept Plan Approval in accordance with Section 62-5.1.N.(2)(a-c) and (3)(a-g) of the Zoning Code of the Village of Sleepy Hollow; and NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 62.5.1.N (2) (a-c) and (3Xa-g) of the Zoning Code, the Board determines that the Project, as defined above and modified by the conditions enumerated in this Special Permit and Concept Plan Approval, meets the following conditions and standards: a. H The proposed riverfront development or special use project will fulfill all of the purposes of the Riverfront Development Zoning District. The proposed Ichabod's Landing riverfront development revitalizes an underused portion ofthe Village's waterfront and replaces a presently incompatible land use. The proposed plan has been reviewed by the Village's Waterfront Advisory Committee (WAC) for consistency with the goals and objectives identified in the Village's Local Revitalization Program (LWRP). The WAC found the proposed plan to be consistent with the LWRP goals and objectives. The Village Board, after a comprehensive review of all aspects of the proposed project finds that the project is consistent with the goals and objectives of the LWRP provided that the following has been provided as mitigation. • Improvements to the existing bulkhead at the Ichabod's Landing site including the installation of Page 1 of 16 �•fVS 8V8 I bollards, cleats, and railings to accommodate a vessel tie-up. The proposed plan incorporates a distinct architectural treatment, including the use of a more "mercantile" design for one of the more prominent buildings (Building 4). The Applicant has surveyed the greater Sleepy Hollow community for architectural components to be incorporated into the proposed design and attempts to create an old Hudson River waterfront community image. The Applicant has met with the Village's design consultant on several occasions to modify the architectural program. The Applicant has proposed to use more traditional building materials such as brick, stone and wood, while incorporating more contemporary materials such as stucco and simulated wood, as appropriate. I The Project incorporates a stormwater management system and site design to address both stormwater quality and quantity issues. The Applicant proposes to incorporate significant landscaping which would replace currently impervious surface area, thereby reducing potential stormwater runoff. The proposed Project has been modified so as to mitigate to the maximum extent practicable, the impacts on views to and from the site, specifically locally important view shed #9 from Beekman Avenue and Hudson Street and from the Hudson River. Lastly, the proposed plan provides permanent public access to the Hudson River shoreline where there was none fcfore. b. The proposedriverfront development orspecialuse projectmeetsthe riverfront development design standards setforth in Section 62-5.1 V, to the extent applicable at the special permit stage. Page 4 of 16 �573 I Riverfront Development Design Standards A) Comprehensive design See discussion detailed in Item a. above, which reflects the purposes for which the RP District was established. B) Relationship to uses on surrounding public property The proposed Project incorporates a pedestrian connector from River Street and Horan's Landing to the public access proposed as part of the Project. The public access area along the project site would effectively 1 connect Horan's Landing with the future open space component proposed as part of the Lighthouse Landi at Sleepy Hollow development on the neighboring General Motors property. C) Relationship to the Hudson River The proposed Project has been designed to incorporate as much open space along the Hudson River waterfront as practicable. Further, the project design allows for the retention of views along the Beekman Avenue corridor at the intersection of that road and Hudson Street D) Provision of view corridors and protecting views to the Hudson River See response to (C) above. £) I Architectural design standards The proposed Project attempts to create a compact, architecturally distinct mixed-use community. The Applicant has surveyed the greater Sleepy Hollow community to incorporate distinct architectural components as part of a style that might have prevailed in a Hudson River community prior to 1900. The conceptual elevations prepared for the EIS, illustrate a series of interrelated buildings incoiporating Page 5 of 16 -" • ^-"-jr-y - j i r i r ? �t^c I ^4 distinctive design themes, consistent with zoning height requirements and incorporating the use of a variety of building materials including brick, stone, stucco, wood and simulated wood. F) Energy conservation and efficiency The proposed Project will meet or exceed the standards of the New York State Energy Code. The Project will incorporate the use of water conserving fixtures. G) Landscaping, screening and buffering The Applicant has submitted conceptual landscape plans prepared by Thomas Balsely Associates, including I plans, partial plans and detail sheets numbered L-l through L-6, last dated November 25, 2003, which incorporate compatible materials for parking areas, walls, fences, curbs, lighting, benches, and landscape materials appropriate to the site climate conditions and for screening purposes. H) Lighting Proposed lighting for internal access drives, walkways and other outdoor areas has been provided to promote safety and encourage pedestrian use. Lighting type and number of locations are subject to Planning Board review as part of site plan review. I) • Signage A preliminary signage layout has been provided as part of the EIS submission. A detailed signage plan will be proposed and reviewed as part of site plan review. J) Vehicular rircularioa system and traffic access A site circulation system has been proposed and reviewed by the Village's emergency service providers, Page 6 of 16 �575 I Village staff, Village engineering consultants and Village Planning consultants. Access along the internal site drives and public access system is consistent with sound engineering and planning standards. Public access The proposed plan provides for meaningful public access along the length of its waterfront. The public access includes an enhanced connection to the Village's Horan's Landing Park and allows for a future connection to Lighthouse Landing at Sleepy Hollow waterfront open space system. The public access area is approximately 820 feet long, varies in width from 20 feet along the southern boundary to 83 feet along the western boundary, encompasses 1.03 acres, and is proposed to be deeded to the Village. Together witlw the 1.8 acres of underwater lands, a total of 2.8 acres is to be dedicated. j j Off-street parking and loading The Applicant has provided for sufficient on-site parking to accommodate each of the residential units, the proposed commercial uses and visitors. Stormwater runoff from parking areas will be treated in a stormwater quality treatment system before discharge off-site. On-site utilities and services During the course of the EIS review, the Westchester County Department of Health (DOH) raised an issue relative to the Village's existing water supply system. The County staled, and the Applicant and the V i l l a s ^ acknowledges, that the Health Department would not allow future realty subdivisions until the Village h f l a plan to address the future water supply issue. The Village has initiated the environmental review process relative to the upgrading and improving the water supply system to meet contemporary engineering standards. The Village has requested that the Applicant contribute its fair share of the cost of the improvements for the preparation of the detailed engineering studies required. Page 7 of 16 �£Yc: 576 I All other utilities within the vicinity of the site are adequate to serve the proposed project. Further, installation of proposed utilities will be placed underground to minimize aesthetic impacts. The proposed project has been designed to comply with the Village's Flood Damage Prevention Law. c. The proposed riverfront development or special-use project will be in harmony with the appropriate and orderly development of the Village's waterfront area. ^•"he proposed project is the first Riverfront Development project to be constructed along Sleepy Hollow's waterfront. Current land uses include the Hudson River to the west; the vacant General Motors site to the north (Lighthouse Landing at Sleepy Hollow); vacant land, light industrial and the Village's DPW yard to the east; and the Village Horan's Landing Park and Castle Oil terminal facility to the south. The proposed mixed-use project is consistent with the intent of the permitted land uses in the RF District and in line with surrounding land uses. As a pioneer development along the Sleepy Hollow waterfront, the proposed project sets a distinctive standard with respect to architectural treatment, incorporates significant public access area, and allows for future connection of open space from Lighthouse Landing through to Horan's Landing. d. H The proposed riverfront development or special use project will not hinder or discourage the appropriate development and use of adjacent lands. The proposed project incorporates a comprehensive landscape plan. The proposed plantings will address aesthetic, screening and buffering issues. Access to and from the site will not hinder or impact the surrounding roadway network. Page 8 of16 �577 I e. The proposed land uses of the project will be in accordance with the approved riverfront development concept plan. The conceptual site plan prepared as part of the Application for Special Permit constitutes the riverfront development concept plan for this portion of the Sleepy Hollow Waterfront. The concept plan has been prepared taking into account the requirements set forth in the Village's Zoning Code, LWRP and other applicable Village, and County State regulations. f. The proposed riverfront development or special use project is consistent with the policies and ^M purposes of the Village's Local Waterfront Revitalization Program. The Special Permit use and Concept Plan Approval requested by the Applicant has been reviewed by the Village's WAC for consistency with the goals and objectives outlined in the Village's LWRP. The WAC issued a consistency recommendation that the proposed project was consistent with LWRP goals and objectives. The Village Board, as required under Chapter 59-A-5.H. ofthe Village Code has completed their own consistency determination and found that the proposed project, with modifications set forth herein, including improvements to Horan's Landing, meets the specific requirements for promoting water comrjau^leAvaler-enhanced uses. The Village has determined that the Applicant provide for physical improvements to the existing bulkhead along the Ichabod's Landing waterfront including bollards, cleats and railings to accommodate a vessel tie-up area. Further, in recognition of the fact t h H the Applicant has offered to make certain specific improvements to Horan's Landing as well as make additional connections to existing and future public parkland and public waterfront access areas as described in paragraph 11 herein and consistent with conceptual plans prepared by the Applicant as part ofu^EISproceedir^ the Village has offered to allow the Applicant to use Horan's Landing as a temporary staging area in conjunction with the Page 9 of 16 �~< Y ' 6 578 I reconstruction of Horan's Landing Park. The details of the extent of the staging area will be determined during the site plan approval before the Village Planning Board. g. The proposed project is otherwise in the public interest. The proposed project, as detailed above, is a pioneer development in that it is the first attempt at redevelopment of a key waterfront location. The proposed use replaces a currently incompatible and under-used land use and provides for meaningful permanent public access to the Hudson River where none existed previously. ^•Tie conceptual elevations depict an architecturally distinct design utilizing a series of buildings in a compact design layout. Locally important view corridors and view sheds have been protected to the maximum extent practicable. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and Board of Trustees hereby approves the issuance of a special permit and grants Concept Plan Approval to the Applicant to construct the Project conditioned upon the full compliance with the following: 1. Construction of "the Project" as described and detailed in the special permit and concept plan approval application, the plans referred to herein, the DEIS, the FEIS, and enumerated mitigative measures contained in the Findings Statement of the Board of Trustees adopted October 28,2003. I Substantial construction of "the Project"; such construction to commence within one year ofthe date of adoption of site plan approval and thereafter to be diligently pursued to completion with the opportunity for extensions of the special permit and concept plan approval to be granted for good cause by the Mayor and Board of Trustees at the request of the Applicant for periods ofsix months. Page 10 of 16 �m l 3. The Applicant has submitted a stormwater management plan for review and obtained a sign off from the NYSDEC and such plans incorporate NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activities, the New York Guidelines for Urban Erosion and Sediment Control or Erosion and Sediment Control Best Management Practices Manual Series (Westchester County), whichever is most stringent; 4. The Applicant agrees to participate in the improvements to the Village's municipal water supply system by providing its proportionate share of the cost of upgrading the Village water supply system in the amount of $35,150. Said amount to be provided to the Village no later than 10 days after s H plan approval for its riverfront development project. 5. The Applicant, its successors and assigns, agrees to pay annually to the Village of Sleepy Hollow $5,000, said funds to be used towards the maintenance and upkeep of the public waterfront access area. The initial payment to be made upon the issuance of the first certificate of occupancy and annually thereafter. 6. The Applicant has provided a supplemental engineering opinion prepared by Stanley White Engineering, PC, dated November 11,2003, that the existing steel bulkhead on the western shoreline has a remaining serviceable life of approximately 20 years. This engineering opinion will H reviewed by the Village's consulting engineer and any appropriate consultants the Village's engineer deems necessary, at the sole expense of the applicant If the bulkhead is determined to have a remaining serviceable life of 20 years or more, the Village will accept the bulkhead along with the public waterfront access lands to be dedicated by die Applicant together with the posting of a two- Page 11 of 16 �Wft 580 year maintenance bond for all said improvements connected with the dedication of public improvements. The Applicant will also undertake the installation of bollards and cleats and the railing for the vessel tie up area along the existing bulkhead on the western portion of the site. The Applicant is responsible for the protection and maintenance of the bulkhead during the construction process. In the event the Village Engineer determines that there is less than 20 years of serviceable life remaining, the Village will permit the Applicant to either: (1) propose and implement methods that will extend the serviceable life of the bulkhead to achieve the 20 year remaining serviceable life, all such methods to be subject to the review and approval of the Village Engineer; (2) or establish a fund in an amount to be agreed upon between the Applicant and the Village to facilitate the implementation of such measures as may be necessary to achieve the 20 year serviceable life. A determination is to be made prior to the issuance of any building permits related to the project. ' After installation of the proposed utility system, the Applicant has agreed to resurface that portion of River Street in the vicinity of the site frontage, including that along Horan's Landing. The resurfacing would mitigate the potential construction related impacts associated with site construction and utility connections. The Applicant has agreed to provide a jitney bus service from the project to the Tarrytown train station commencing upon the issuance of the 23 rf certificate of occupancy and continuing until such time as there may be a new rail station at the neighboring Lighthouse Landing at Sleepy Hollow development Page 12 of 16 �581 l 9. The Applicant has committed to providing for private solid waste pickup for the new community. The Village is concerned that a petition by the unit owner's association for public service could create a fiscal impact to the Village not originally contemplated as part of the EIS review. As a condition of this special permit, restrictive language acceptable to the Village Administrator and Village Attorney shall be incorporated in the project offering plan requiring the use of a private hauler for solid waste pick up. 10. The Applicant's providing a detailed landscape maintenance plan to the Planning Board and posting of landscape maintenance bonds to ensure that landscape plantings are established and maintained UL a healthy and vigorous growing condition. The landscape maintenance bond amounts shall be s H by the Planning Board as part of Site Plan approval. . 11. In lieu of a recreation fee payment to the Village, and in light of lands to be dedicated to the Village for public waterfront access, the Applicant will undertake certain improvements to Horan's Landing, an existing public park, including the relocation of the six existing parking spaces along River Street to the park's southerly drive together with removal of the existing fencing and the restoration of the disturbed area, the installation of curbing and a 5 ft. wide sidewalk along the park's River Street frontage, the provision of evergreen screening at the proposed parking location, the removal of the existing shade structure/trellis, the installation of a removable bollard at the boat ramp, and the reconfiguration of the northernmost park path to integrate with the proposed esplanade connectoH The Applicant further commits to assist the Village by preparing landscape plans and budgets suitable in form and substance for use in the preparation and submission of grant applications to upgrade Horan's Landing and the public waterfront access area on Ichabod's Landing beyond those Page 13 of 16 �582 L8C^ contemplated above, such plans and budgets to be in general accord with the plans submitted by the Applicant as part of the application for Special Permit and Concept Plan Approval. The Village retains the right to have the final determination of plans to upgrade existing and future Village owned properties related to this application. The Applicant and the Village will work cooperatively and in a timely manner to apply to Westchester County and such other funding agencies as may potentially have funds available for the purpose of undertaking the initial segment of Sleepy Hollow's waterfront improvement including those proposed at Ichabod's Landing and for the complete reconstruction of Horan's Landing as indicated on large scale site plan SP-1 in the conceptual site plan application and including public waterfront access improvements as detailed in the Alternatives section, II-H, of the FEIS, which includes among others Alternative Plaza Plan Figure 11-30, as well as any other waterfront related improvements described herein. With respect to design of all public waterfront access plans and grant applications the applicant has committed to working cooperatively with the Village's open space design team of Beyer Blinder Belle and EDAW. If funding is obtained for the improvements to the Ichabod's Landing waterfront, as proposed by the Applicant and as shown on the plans itemized herein at the sixth prefatory paragraph and in paragraph G, the Applicant will undertake the completion of the improvement of Horan's Landing as set forth on the plans submitted in connection with the Special Permit and Concept Plan approval and itemized herein. Public improvements on the Ichabod's Landing site shall be completed, to the satisfaction of the Village of Sleepy Hollow, and offered for dedication no later than the issuance of the 34* certificate of occupancy or two years from the issuance of thefirstbuilding perrmt, whichever is soc«er,imkss an extension is granted by the Mayor and Village Board for cause. Page 14 of 16 �583 I The Village will permit the applicant to make temporary use of the park area along River Street for sales/construction/parking during the construction of Ichabod's Landing in return for the improvements noted above to Horan's Landing. The temporary use area of the park is to be improved pursuant to the proposed improvement plan prior to the issuance of the 40* certificate of occupancy or 18 months from the issuance of the first building permit, whichever is later. 13. The Applicant and the Village may elect to work cooperatively to determine the feasibility of 1 . establishing public slips and/or moorings on the state-owned underwater lands located to the sou] and west of the Ichabod's Landing site. If determined to be feasible, the parties may enter into agreement to share in the costs of development to facilitate the installation and operation of such slips and moorings which agreement will provide, amongst other things, that the residents of Ichabod's Landing will be given a priority listing for the use of 50% of the slips and/or moorings, not to exceed 25 slips and/or moorings. Said agreement may provide that the Applicant would repair the existing dock in exchange for limited use of the dock. RESOLVED, that all requirements, conditions, and mitigation measures related to the project as established by the Mayor and Board of Trustees in the Findings Statement shall constitute express conditions of this approval, and shall constitute obligations of the Applicant thereunder and it's successors and assigns, and shall be enforceabj by this Village Board or its designated representative; and be it further i RESOLVED, that within 30 days from the approval of this Special Permit, all application fees and escrow fee requirements must be fully satisfied; and, be it further Page 15 of 16 �584 V.&- I RESOLVED, that certified copies of this resolution be transmitted to the Village of Sleepy Hollow Planning Board and Architectural Review Board. Moved: T r u s t e e S t e v e r Seconded: T r u s t e e G r a l a Vote: Unanimous I F:\M\M-720 Sleepy HoIlowUclwbod's LandingNSpccial PennitsVRiverfront Developmenldoc December 2,2003 I Page 16 of 16 -%•<%-« & - i •" , ! i rf k ^ t JS'v-j^tvS' t V.*V" r^-t«*sUirt«^6jwtfW»?r- «£* i^j^^^^d-i^^^^i^^mM^^^ �581 I Meeting Date: 12/02/03 Resolution #: 12/232/03 Resolution of the Board of Trustees of the Village of Sleepy Hollow Covering of Parking Meters Be It Resolved that the Board of Trustees does hereby approve the covering of parking meters for the period December 19,2003 through January 4,2004 to provide for free parking during the holiday season. Moved by: Trustee Zieja; Seconded by: Trustee Hart; Vote: Unanimous I I «R»4*£*f*#*** •• V^»sisT.iK ff^^,'^J-^^^^^^^^^^^^'^i^^^isi^aJ^,*j!JmtJi^& �•-.- o G 586 I Meeting Date: 12/02/03 - Resolution*: 12/233/03 Be it Resolved that the Board of Trustees does hereby approve a 3.75% pay adjustment to the annual salaries of the following full time employees who are reviewed on a calendar year basis and not subject to negotiated union wage increases: Dwight H. Douglas, Village Administrator Joseph DeFeo, Superintendent of Public Works Richard Gross, General Foreman Abraham Zambrano, Treasurer Said pay adjustment to take effect as of January 1, 2004; Be it Further Resolved that the Board of Trustees does hereby authorize an extension of the employment agreements by and between the Village of Sleepy Hollow and Joseph DeFeo from its current expiration date of February 12, 2005 to February 12,2007 and by and between the Village of Sleepy Hollow and Richard Gross from its current expiration date of October 9,2004 to October 9, 2005, both under the same terms and conditions as contained therein. Moved by Trustee Grala; Seconded by Trustee Spota; Vote: Unanimous � 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-2003 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_2003-12-02 Subject The topic of the resource Board of Trustees Minutes-2003 Date A point or period of time associated with an event in the lifecycle of the resource 2003 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