I. Executive Summary

I. EXECUTIVE SUMMARY

A. Description of Proposed Action This Draft Environmental Impact Statement (DEIS) has been prepared under provisions of the New York State Environmental Quality Review Act (SEQRA). It follows a DEIS Scope that was adopted by the Planning Board of the Village of Ossining, the designated lead agency for the SEQRA review.

The Project Site is located in close proximity to the Hudson River near the northern end of the Village of Ossining, Westchester County, New York. The Site encompasses three tax parcels (tax lots designated as Section 3, Block 1, Lots 24, 24B and 42), totaling 8.2 acres and is located off of an extension of North Water Street.

The Proposed Action calls for the rezoning of the PRD portion of the Project Site to WD-2 and the corresponding amendment to the Village Zoning Map. In addition, the WD-2 states that no one use shall exceed 70% of the total project. While the goal of encouraging mixed- use development is appropriate for the core downtown area, it is less desirable for the Project Site, which is not adjacent to the Village’s business district. Therefore, the Proposed Action also calls for a text amendment to the WD-2 zone providing the Planning Board with the authority to waive this requirement where it is determined that the overall objectives of the WD-2 zone would be better served by such modification or waiver. A set of guidelines is provided to assist the Planning Board in making its determination, including: the location of the site in relation to the Village’s downtown area; the relationship of the site to the Hudson River; the physical characteristics of the site, including its topography, vegetation, wetlands and other natural features; the character of surrounding land uses, especially to the extent that they are residential or include existing buildings that house multiple types of uses; the appropriateness of the site for accommodating a mix of uses due to the configuration and/or condition of an existing building on the site that is to be adaptively reused as part of a proposed project; and the nature and patterns of access to the site.

Currently, the Project Site is located within two zoning districts. Two non-contiguous portions of the project site are zoned PRD Planned Residence District, comprising 4.725 acres. The remaining 3.45 acre central segment of the site is zoned WD-2 Waterfront Development District – East Side of the Railroad Tracks. This rezoning, which would allow for a uniform zone throughout the property, provides greater opportunity for a mix of housing types on the site. The Proposed Action includes the construction of 132 units (one of which is for the living quarters of an on-site superintendent) in four buildings, including: the renovated Brandreth Pill Factory building containing 24 units in three to four stories (50 feet), and an adjacent four story (44 feet) annex building with 40 units on the lower, northern portion of the site; a 56-unit, six-story (66 feet) plateau building; and 12, two and a half story (38 feet) townhouse units on the lower portion of the site, below the plateau, south of the Pill Factory.

A conditional use permit, as granted by the Planning Board, is required for the proposed project to allow for the construction of multiple dwelling units with up to two-bedrooms per unit. An area variance, as granted by the Zoning Board, is required with respect to §270-

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46(B) of the Zoning Ordinance and §7-736 of the Village Law, addressing the Site’s street frontage. The Applicant must also obtain site plan approval from the Planning Board.

B. Impact Analysis / Mitigation Measures The following table outlines the potential significant adverse impacts and the proposed mitigation measures:

Table I-1 Impact/Mitigation Proposed Improvements/ Impact Category Impact Mitigation Measures Land Use and Zoning The Proposed Action calls for the rezoning of The proposed zoning expands the existing WD- the PRD portion of the site to WD-2, allowing 2 zoning on-site, to create a uniform zone for for a uniform zone throughout the property and the entire property. The proposed residential increased flexibility in the redevelopment of land use creates a transitional area between the Brandreth Pill Factory building. The existing residential uses to the north and east, maximum permitted net density is 18 units per and the light industrial uses to the west and acre, with no dwelling unit to contain more south. It is of the applicant’s opinion that there than two-bedrooms, and a maximum height of are no anticipated significant adverse impacts six stories. Upon, rezoning this requirement associated with the proposed residential uses on would be met. Following rezoning of the land use or zoning, and therefore, no mitigation plateau area from PRD to WD-2, the maximum is required. permitted height would increase from two and a half to six stories. While this portion of the The Applicant is seeking an area variance from Hidden Cove property would not be governed the Zoning Board with respect to §270-46(B) of by the Village’s Special Height Overlay the Zoning Ordinance and §7-736 of the district, the ridge of the proposed building Village Law. would be at elevation 127. This is substantially below the maximum 180 feet above sea level that is contained in the regulations for Height Zone B which covers the portions of the Hidden Cove property that are currently zoned WD-2.

The WD-2 zone encourages mixed-use development. It is the view of the Applicant that mixed-use development is not appropriate for the unique location of the project site. As such, the Proposed Action includes amended language to the WD-2 zone, which would keep the intent of the zone for the other WD-2 areas, but would allow the Planning Board to waive this requirement where it is determined that the overall objectives of the WD-2 zone would be better served by such waiver.

LWRP LWRP policies discussed/analyzed in Ch. III Mitigation measures that promote or advance are policies that are applicable to and/or relevant LWRP policies include: minimize the affected by the project. The proposed needed grading by taking advantage of development is generally consistent with the previously developed areas of the site and flat outlined policies of the LWRP. The proposed areas; implementation of an erosion control project does not promote or advance Policy 2- plan and stormwater management plan; Facilitate the siting of water dependent uses rehabilitation of the State and National Register and facilities on or adjacent to coastal waters. listed Brandreth Pill Factory; and redevelopment of a deteriorated and underutilized formerly industrial site for residential use.

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Proposed Improvements/ Impact Category Impact Mitigation Measures Visual Resources It is the Applicant’s opinion that there are no It is of the applicant’s opinion that no anticipated significant adverse impacts on mitigation is necessary. visual resources. The proposed buildings are designed in terms of scale, shape, materials and colors to blend in with the surrounding environment. The shadow analyses show that the adjacent properties will not be significantly impacted by the shadows cast by the proposed buildings.

Soils / Topography / Site disturbance will consist of grading of the Mitigation measures will include an erosion Steep Slopes land in preparation for the construction of control plan to stabilize disturbed areas. roads, buildings, and parking lots. Construction Roadway staging areas will be provided along of the building on the plateau will entail the roadway construction area. All pipes, catch removal of approximately 26.5 feet from the basins and other materials will be stored on top of the plateau to accommodate underground appropriate slopes with anchors to prevent parking for the building’s residents. movement during the construction period.

On-site construction will likely involve blasting The Applicant will comply with the provisions around the area of the proposed plateau of Chapter 123 of the Village Code (Explosives building. There will be an estimated 64,454 cy and Blasting). of cut, of which, ±11,772 cy will be used as fill elsewhere on the site and ±52,682 cy of cut will be removed from the site. (See Appendix J for the Preliminary Blasting Plan Notes.)

Flora and Fauna Development activities have been planned to To minimize loss of habitat, the removal of avoid impacts to the Federally regulated natural vegetation will be minimized as much watercourse that is the most sensitive area on as possible to preserve natural cover types on the property. No significant impact to this the site. Large contiguous forested areas will resource is anticipated. Forest construction remain and will continue to provide ecological activities including the placement of housing benefits. Other habitat aspects of the site will and appurtenant features will impact be preserved where they do not interfere with approximately 2.5 acres of mainly the oak-tulip the functioning of the development. tree forest portion of the site. These areas will Temporary wildlife displacement during be replaced with cultural cover types. Overall, construction is a short-term impact. Wildlife a decrease in natural wildlife habitat value is displaced during construction activities will anticipated although the species richness of the more than likely return after construction is local wildlife community should remain complete. It is of the applicant’s opinion that constant. The majority of the forest, especially no impact will occur, and therefore, no the more mature portion in the upper mitigation is proposed. elevations, will be preserved, ultimately leaving protection for forest interior species from invasion of and competition with edge species. Direct impacts to wildlife from the proposed development will primarily be displacement.

Flora and Fauna cont… The Hidden Cove property is not considered to possess important spawning or over wintering area for shortnose sturgeon since the property is slightly inland (east of the Hudson River) and is buffered from the Hudson by existing Metro- North tracks and development. Therefore, no significant impact to this species is anticipated from the proposed re-development of the property. According to email correspondence from Mr. Steven Joule – Endangered Species Biologist with NYSDEC – Region 3 there is a bald eagle’s nest location approximately 200

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Proposed Improvements/ Impact Category Impact Mitigation Measures feet from the northeastern property boundary. Since a nest exists approximately 200 feet from the northeastern property boundary the Applicant has limited development in this portion of the property and will provide a natural buffer from the existing property line in this location. No State or Federally listed species of special concern, threatened or endangered species will be directly impacted by development activities on the site.

Surface and Ground Construction in wetlands has been minimized Disturbances to USACE wetlands will be Water Resources by the design of the proposed project. The limited to 0.07 acres and 281 linear feet of proposed development involves impacts to 0.07 watercourse. Currently, Nationwide Permit acres (281 linear feet) of the watercourse area #29 allows up to 0.10 acres of wetland fill and on the property. The 0.07 acres of impact will up to 300 linear feet of stream disturbance occur to a previously manipulated without mitigation of wetland impacts. (straightened) watercourse primarily as a result Notification however must be sent to the of the construction of the Annex Building. USACE with any wetland impact.

There are no NYSDEC regulated wetlands or water bodies on the property. However, the NYSDEC requires as part of the New York State General Permit for Stormwater Discharges from Construction Projects, GP-93- 06 (General Permit) the preparation of a Stormwater Pollution Prevention Plan (SPPPP) to minimize impacts to all surface waters and wetlands.

Stormwater Post-development conditions will result in A Stormwater Management Facilities Management lower levels of peak runoff. Maintenance Program is proposed. The use of the BMP’s as designed will significantly reduce Erosion and sedimentation will be controlled, the pollutant loadings in the post-construction and vegetation will be re-established as soon as condition. By capturing and treating the runoff possible. Temporary controls will be installed from the new and existing impervious surfaces prior to commencement of earthmoving and disturbed areas to the greatest extent activities where possible. possible, this plan meets the requirements of the NYSDEC for water quality and quantity, Temporary sediment basins will be converted providing minimal impact to downstream to permanent stormwater detention basins once waters. the disturbance area has been stabilized.

All construction related debris will be collected and removed from the area on a regular basis. Concrete wash out areas will be provided where necessary and existing and or excess asphalt material will be removed from the site and disposed of in the proper manner.

Sediment spoils will be disposed in an approved off-site location along with temporary erosion control devices.

Water Supply and The proposed project is anticipated to result in Water-saving devices for sinks, toilets and Sanitary Sewerage minimal increases in demand for water supply, laundry facilities will be installed into the units. sanitary sewer, and energy services.

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Proposed Improvements/ Impact Category Impact Mitigation Measures Traffic and A capacity analysis was conducted at the site With the completion of the recommended Transportation access and adjacent key intersections. A improvements, the capacity analysis results review of North Water Street, including the indicate that the proposed development will not pavement width and ability to accommodate result in a significant negative traffic impact on additional traffic was also completed. the area roadways and safe and efficient operation will exist. It is of the applicant’s The intersections of North Water Street and opinion that no further mitigation is necessary. Snowden Avenue and Water Street and Broadway can accommodate the additional traffic at acceptable Levels of Service.

North Water Street currently serves several businesses and peak hour volumes range from 25 to 35 vehicles per hour. The developed site will add approximately 70 peak hour vehicles. In order to accommodate the existing and future traffic a minimum roadway clear width of 22 feet would be required. However, based on input from the Village and their consultant, a width of 24 feet was identified to better accommodate emergency vehicle traffic for the area. In order to obtain this width, roadway widening in certain sections will be required. Based on field inspections it appears that significant grading, removal of a portion of the rock out cropping, etc. will be required to provide this width.

Noise The measured train pass-by sound levels for the With respect to potential impacts associated proposed residences are consistent with levels with train noise, as part of the building observed at other residential areas located construction, typical installation and window along the Hudson River and the rail line. Any treatments would provide attenuation to have potential short-term noise impacts from the acceptable interior sound levels even during proposed project would be caused by related train pass-bys. For those units facing the rail construction activities. The actual sound levels line, the use of triple glazed windows or that will be experienced by uses surrounding windows with a good Sound Transmission the site will be a function of distances. As Coefficients should be used. The potential such, no one existing use will be exposed to the construction noise impacts are short-term in same sound levels over an extended period of nature. Mitigation will be provided to minimize time, as construction progresses through the the limited affects of construction noise. No site. adverse or long-term noise impacts from construction noise are anticipated.

Fiscal Analysis The proposed action will generate an estimated $1,042,800 in annual tax revenue to all taxing jurisdictions. These estimates are based on a limited number of existing comparables to the proposed units. The tax per condominium unit figure of $7,900 was determined by utilizing sample existing apartment units within the Village of Ossining, with an average assessed value of $14,224, multiplied by the estimated tax rate of $557.43444 per $1,000 of assessed value. The proposed project will generate over $980,000 in total new taxes.

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Proposed Improvements/ Impact Category Impact Mitigation Measures Community Facilities Solid Waste The Applicant has incorporated many of the proposed site plan recommendations from the It is estimated that the proposed development meeting with the Ossining Fire Department into will generate approximately 0.46 tons/day of the proposed plan. Ample access is provided to solid waste, or 13.8 tons per month. The each of the on-site buildings, as was generated solid waste will picked up by a determined during discussions with Ossining private carting company and transported to be Fire Department officials. In addition, the determined solid waste facility. Recyclables proposed buildings will range in height will be transported to the RESCO facility in between three to six stories and all construction Peekskill, New York. will meet Building Code standards. The development will also provide new tax ratables Emergency Services and a pool of potential volunteers for the fire As per correspondence with the Police, Fire department. and EMS service handlers, it is believed that any additional calls for service could be No further mitigation is necessary. handled. In addition, there are plans for a concierge to be present on-site at the plateau building 24-hours a day. At a meeting with the Fire Chief and a review of the proposed site plan a few recommendations were made for the proposed layout.

Schools It was estimated that the project would produce 28 school-age children who would attend Ossining public schools. With a $13,412 cost per child, 28 new students would cost $375,536. It was estimated that the proposed project would generate an estimated $648,622 in total taxes for the school district, an excess of $273,086.

No significant adverse impacts are anticipated.

Cultural Resources No precontact features, horizons or artifacts The proposed rehabilitation of the Brandreth were identified during testing. No significant Pill Factory complex will be coordinated with clusters of historical domestic artifacts or OPRHP. No further mitigation is necessary. features dating to the late 18th through early 19th century Oliver Cromwell Field dwelling were identified during field testing. Further, only a handful of late 19th century and twentieth century cultural artifacts were recovered.

C. Alternatives The DEIS includes analyses of alternative actions specified in the DEIS Scope, including: 1. No Action Under the No Action scenario no improvements would be made to the subject site. No Action would have none of the negative or positive impacts of the proposed development. With no additional development, the site would remain as private vacant and underutilized land and buildings in their current conditions. The Village’s goal for WD-2 zoned land, to provide a variety of riverfront-related intensive uses, including residential uses, would not be met. The Brandreth Pill Factory building would continue to decay and would eventually be subject to collapse or need to be razed. In addition, no new

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residents would be brought to the area to provide further support for downtown businesses.

2. Maximum Development Under Existing Zoning Currently, the subject project site is located within two zoning districts. Two non- contiguous portions of the project site are zoned PRD Planned Residence District and WD-2 Waterfront Development District. The PRD zoning district requires a minimum area of five acres undivided by an existing public road. Therefore, absent a zoning variance, development would not be permitted on the PRD portions of the site. In the WD-2 zone, if the subject site is over five acres in size, no one use is permitted to exceed 70% of the total project area. Under existing conditions, the project site comprises 3.45 acres of WD-2 zoned land. As such, the land could be developed with a range of uses, including: 621 multifamily residential units. It could also accommodate retail and service establishments; office buildings; motels/hotels; restaurants; manufacturing; and research laboratories, which would not be ideal due to the Project Site’s location and limited site access, which is relatively isolated from the Village’s business district.

3. Maximum Development Under Rezoning of the Entire Site to PRD A zone change of the entire site to PRD would not be considered by the property owner since it is inconsistent with the objectives and capabilities of the project sponsor. It would reduce the permitted density under the zoning. The PRD zone permits a maximum net density of six dwelling units per acre, resulting in a permitted number of 33 units. This scenario would not meet the objectives of the developer to rehabilitate the Brandreth Pill Factory building, since there would not be adequate density to make the rehabilitation financially feasible, and might legally foreclose such development for multifamily dwellings or even commercial use. As a result, the property would remain undeveloped and the positive impacts associated with the project, such as tax generation, the generation of a consumer base for downtown businesses, the provision of residences to take advantage of waterfront views, and the development of WD-2 zoned property would be lost.

4. Development of the Site with All or a Portion of the Pill Factory as a Public Use The subject project site, which encompasses the Brandreth Pill Factory building, is privately-owned. The complete reuse of this privately-owned building as a public use would not meet the objectives of the applicant. However, as part of the Proposed Action, the former one-story office building of the Brandreth Pill Factory (located directly west of the front elevation of the Pill Factory) will be restored and used as a museum, exhibiting the history of the site. The museum will display photographs and artifacts from the Pill Factory, and will be open to the public during established hours of operation.

1 The WD-2 district allows for 18 dwelling units per acre. 3.45 acres x 18 units = 62 units

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5. Development of the Site with the Pill Factory Demolished If the Pill Factory building were to be demolished as part of the Proposed Action, in order for the Applicant to meet the requested density, the 24 proposed apartment units would need to be relocated to other portions of the site. In order to avoid affecting the height of the plateau building, one option for relocating these units would involve additional stories to be located on the annex building, resulting in six stories of residential space, and a two-story parking garage. This alternative would eliminate the benefit of the rehabilitation of a historically significant building.

D. Reviews and Approvals The following table lists the Involved and Interested Agencies for the proposed project and the corresponding approvals, reviews or permits required for the project. Involved Agencies under SEQRA are those agencies that have permit approval authority over some aspect of the project.

Table I-2 Approvals/Reviews Required

Involved Agency Approval/Review

Ossining Village Board Rezoning/Zoning Amendment Conditional Use Permit and Site Plan, Tree Removal Ossining Planning Board Permit Variance of Village Law Section 7-730 Ossining Zoning Board of Appeals (Frontage on village street) Village Department of Public Works Curb Cuts

Village Building Department Blasting Permit

Westchester County Health Department Water and Sewer

Army Corp Of Engineers Nationwide Permit New York State Department of Environmental SPDES Permit for Conservation Stormwater; Protection of Waters Permit NYS Department of State Approve amendment to LWRP, as needed Division of Coastal Resources Interested Agency Approval/Review

Village Waterfront Advisory Council Advisory role with respect to the LWRP

Village Historic Review Commission Advisory Role

Westchester County Planning Department Advisory Role under GML 239m New York State Office of Parks, Recreation, and Historic and archaeological resources review Historic Preservation Metro-North Railroad General DEIS Review

Scenic Hudson General DEIS Review

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