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671.21 State Environmental Quality Review

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671.21 State Environmental Quality Review Greystone on Hudson Residential Subdivision Findings Statement Adopted May 17, 2012 671.21 State Environmental Quality Review Greystone on Hudson Residential Subdivision FINDINGS STATEMENT Pursuant to Article 8 (State Environmental Quality Review Act- SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the Village of Tarrytown Planning Board ("the Planning Board"), as Lead Agency, makes the following findings. I. INTRODUCTION Name of Action: Greystone on Hudson Residential Subdivision Name of Applicant: Broadway on Hudson Estates LLC and River Towns Estates LLC Agency Jurisdiction(s): Village of Tarrytown Board of Trustees Dedication of open space parcel Extension of water and sewer districts to include Greenburgh portion of Greystone on Hudson Village of Tarrytown Planning Board Subdivision Approval Site Plan Approval Village of Tarrytown Architectural Review Board Architectural Review Village of Tarrytown Department of Public Works Street Opening Permit for Greenburgh for Roundabend Road water connection Town of Greenburgh Subdivision Approval Site Plan Approval Westchester County Department of Health Water and Sewer Connections 1 Greystone on Hudson Residential Subdivision Findings Statement Adopted May 17, 2012 New York State Department of Environmental Conservation General SPDES Permit New York State Department of Transportation Highway Work Permit New York State Department of State Division of Coastal Resources Coastal Zone Consistency Review SEQR Status: Type 1 Date Final EIS Filed: April 6, 2012 2 Greystone on Hudson Residential Subdivision Findings Statement Adopted May 17, 2012 II. DESCRIPTION OF ACTION AND LOCATION The project site is located at 612 South Broadway in the Village of Tarrytown, New York in Westchester County. The action involves an application by Broadway on Hudson Estates, LLC for the approval of a 9 lot residential subdivision (8 homes) on approximately 28 acres in the Village of Tarrytown (“Tarrytown”) and a 13 lot (12 homes) subdivision on approximately 56 acres in the Town of Greenburgh (“Greenburgh”) by River Towns Estates LLC. The Tarrytown parcel is identified on the tax map of the Village of Tarrytown as Sheet 29, Lot P42B and P42B2 and portions of adjacent parcels and is located in an R- 60 zone. The Greenburgh parcel is identified on the tax map of the Town of Greenburgh as 25-52-P247 and is located in an R-40 zone. As part of this project a 21.7 acre parcel in Greenburgh will be donated to the Town of Greenburgh as open space and will be added to the adjacent Taxter Ridge Park. A conservation easement will be granted to the Village of Tarrytown to guarantee that Tarrytown residents maintain access to this open space in perpetuity. A trail(s) will be provided that links this open space parcel to Taxter Ridge Park through the proposed Jardim Estates East development proposed north of the project site. An additional open space parcel including a historic gateway will be donated to the Village of Tarrytown to connect with the Old Croton Aqueduct trail when leaving Lyndhurst. III. HISTORY AND COMPLIANCE WITH SEQRA REQUIREMENTS The following is an overview of the project history and compliance with SEQRA requirements. September 7, 2011 the Applicant submitted an application for Subdivision Approval to the Village of Tarrytown. October 25, 2011 the Applicant submitted an application for Subdivision Approval to the Town of Greenburgh. October 25, 2011 the Applicant submitted an Environmental Assessment Form (EAF) to the Village of Tarrytown and the Town of Greenburgh. November 17, 2011 The Village of Tarrytown declared its Intent to be Lead Agency. December 8, 2011 the Village of Tarrytown Planning Board circulated the EAF and Notice of Intent to be Lead Agency to all Involved Agencies. 3 Greystone on Hudson Residential Subdivision Findings Statement Adopted May 17, 2012 January 12, 2012 the Village of Tarrytown Planning Board declared itself Lead Agency. January 12, 2012 the Village of Tarrytown Planning Board issued a Positive Declaration, which required the preparation of a Draft Environmental Impact Statement. January 19, 2012 the Applicant submitted a Draft Environmental Impact Statement (DEIS) to the Village of Tarrytown Planning Board. February 27, 2012 the Planning Board accepted the DEIS as complete for public distribution and scheduled a public hearing on the DEIS for March 26, 2012. March 26, 2012 the Planning Board held a public hearing on the DEIS at which the public had the opportunity to provide comments on the DEIS. March 26, 2012 the Planning Board closed the public hearing on the DEIS and established April 5, 2012 as the closing date for submission of written comments. April 6, 2012 the Applicant submitted a Final Environmental Impact Statement (FEIS). The SEQRA process will be completed upon the adoption of this Findings Statement and the certifications provided for in the SEQRA regulations. 4 Greystone on Hudson Residential Subdivision Findings Statement Adopted May 17, 2012 IV. FACTS AND CONCLUSIONS IN THE EIS RELIED UPON TO SUPPORT THE DECISION AND ITS FINDINGS SUMMARY OF SPECIFIC FINDINGS A. Land Use, Zoning and Public Policy The Village of Tarrytown Planning Board, upon due consideration of the Draft and Final EIS, and information derived from public hearings and meetings of the Planning Board during the course of this SEQRA review, find that the Proposed Action will not have a significant adverse impact on land use, zoning and public policy for the following reasons: The Proposed Action, which calls for the development of 8 single family homes in the Village of Tarrytown and 12 single family homes in the Town of Greenburgh, is compatible with land uses in the surrounding area. Deed restrictions on the property will prevent any further subdivision of the residential lots, which will guarantee retention of the established density on the site. The Proposed Action includes the donation of a 21.7 acre parcel in Greenburgh to the Town as open space with a conservation easement to the Village of Tarrytown to provide general pedestrian access to this open space in perpetuity. The conservation easement will be created prior to the final Village of Tarrytown subdivision approval even though the Greenburgh land that is subject to the conservation easement will not yet be subdivided at that time. Once the Greenburgh property has been subdivided, the Town, the County of Westchester and the State of New York will have 180 days within which to accept the transfer of the 21.7 acre open space parcel. If the Town, the County and the State refuse the transfer or do not act on the offer within the 180 day time frame, then the applicant must transfer the property to a not-for-profit conservation organization, pursuant to ECL 49-0305(3)(a). The Proposed Action also includes the donation of a parcel to the Village of Tarrytown to provide a connection to the Old Croton Aqueduct. The private roadway within the site adjacent to the Tarryhill subdivision will be relocated to reduce impacts on the Tarryhill neighborhood. Other public improvements included in the project are a parking lot on Taxter Road to serve Taxter Ridge Park and the development of a trail to connect the donated open space parcel with the Jardim East subdivision north of the site and Taxter Ridge Park. The project site is zoned R-60 in the Village of Tarrytown and R-40 in the Town of Greenburgh. The lots exceed the minimum lot size for the zones in which they are located. 5 Greystone on Hudson Residential Subdivision Findings Statement Adopted May 17, 2012 Tarrytown lots range in size from 96,195 to 141,338 square feet; Greenburgh lots range in size from 87,903 to 239,415 square feet. The Proposed Action is being developed as a cluster subdivision in accordance with §305-131 of the Village of Tarrytown’s zoning code. As required under this section, the applicant prepared a conventional subdivision plan for the project site, which showed 14 lots in the Village of Tarrytown and 33 lots in the Town of Greenburgh. Based on feedback from the Village and the applicant’s vision for development of the property, the Proposed Action is a cluster subdivision with substantially fewer lots and a 21.7 acre open space parcel, which will be donated to either the Town of Greenburgh or a not-for-profit conservation organization, as outlined above, with access to the Village of Tarrytown in perpetuity via a conservation easement. The Village’s cluster subdivision provisions grant the Planning Board the authority to “modify all lot and bulk regulations, including lot width, frontage, setbacks, yards, floor area ratios and building height, if it makes findings that three of the criteria for such modifications, hereinafter [in the code] set forth, have been met.” The criteria that have been met by the Proposed Action include the following: 305-131(e)[3] Environmentally valuable, sensitive lands and other resources are protected 305-131(e)[4] The open space is enhanced 305-131(e)[5] Linkages to other open space areas are provided The Planning Board has determined that the Proposed Action is consistent with these criteria and therefore, supports allowing an increase in building height and an increase in floor area for the proposed residences. Gross floor area will be less than 15,000 square feet, as provided for in the Village code. As specified in the code, up to 15,000 square feet of gross floor area is allowed for lots greater than 76,230 square feet in size. The Proposed Action is consistent with local and county policies, including the Village's Draft Local Waterfront Revitalization Program (LWRP) and the County's Patterns for Westchester policy document. The Proposed Action complies with the LWRP by preserving the character of the existing stone wall along South Broadway, restoration and preservation of the historic tree lined road within the site, maintaining a 30-foot buffer along the Old Croton Aqueduct, and preserving open space.
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