Village Board of Trustees
Special Meeting
November 24, 2014
7:30 p.m.
A Special Meeting of the Board of Trustees of the Village of Briarcliff Manor, New York was held in the Village of Briarcliff Manor Village Hall, at 1111 Pleasantville Road, Briarcliff Manor, New York on the 24th of November, 2014 commencing at 7:30 p.m.
Present
William J. Vescio, Mayor
Lori A. Sullivan, Deputy Mayor
Cesare DeRose, Jr.
Mark Pohar, Trustee
Mark L. Wilson, Trustee
Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel
Dan Pozin, Village Counsel
David Turiano, Village Engineer
Public Hearing Amending the Third Amended and Restated Special Permit and Tree Removal Permit, Briarcliff Manor Investors LLC and Integrated Development Group LLC (The Club at Briarcliff Manor)
Upon motion by Trustee Wilson, seconded by Trustee Pohar, the Board voted unanimously to open the Public Hearing.
Mr. William Null, Attorney for the Applicant, stated the development of the site would not change and the amendment to the Special Use Permit was consistent with the zoning amendment that was recently made.
Mr. Matt Philips of Briarcliff Manor Investors stated they were working on the timeline for the project but hoped to start construction in late 2015.
Village Manager Zegarelli stated the contractors would meet to have a preconstruction meeting for the Village Public Purpose Project and the work should not conflict with the development of the site.
Village Attorney Smith stated because the amendment to the Special Use Permit would not change the physical project an additional SEQRA review was not necessary.
Upon motion by Trustee Wilson, seconded by Trustee Pohar, the Board voted unanimously to close the Public Hearing.
Upon motion by Deputy Mayor Sullivan, seconded by Trustee DeRose, the Board voted unanimously to approve the following resolution:
RESOLUTION OF THE
VILLAGE OF BRIARCLIFF MANOR
BOARD OF TRUSTEES
SECOND MODIFICATION OF THIRD AMENDED AND
RESTATED SPECIAL PERMIT
AND TREE REMOVAL PERMIT
Briarcliff Manor Investors LLC and Integrated Development Group LLC
WHEREAS, on November 6, 2008, the Board of Trustees of the Village of Briarcliff Manor adopted a resolution entitled “Third Amended and Restated Special Permit and Tree Removal Permit, Briarcliff Manor Investors LLC and Integrated Development Group LLC” which was filed in the Office of the Village Clerk of the Village of Briarcliff Manor on November 7, 2008, (the “Third SP Amendment”) ; and
WHEREAS, upon the application of Briarcliff Manor Investors LLC and Integrated Development Group LLC, the current owner and proposed developer respectively of the Project Site and the Project (collectively “BMI”) the Board of Trustees, on February 18, 2010, adopted a resolution entitled “First Modification of the Third Amended Special Permit and Tree Removal Permit” relative to the zoning and development density of the Project Site in light of recent re-zoning initiatives in the Village; and
WHEREAS, by letter dated January 22, 2014, and through subsequent discussions and communications, BMI, requested among other things that the Village Board consider modifying the Project from a CCRC to a Senior Care Community as defined under Section 220-2 of the Village Code, to be operated in accordance with subsection B.4. of such definition in order to permit BMI to broaden its residency offerings to attract a larger senior resident customer base, offering multiple residency agreements to seniors either with or without entrance fee programs and including senior services, all operated as a senior community in accordance with New York State Public Health Law, and limited to residents 55 years of age and older (the “2014 Modifications”); and
WHEREAS, the Third SP Amendment was conditioned on BMI making certain public infrastructure improvements that would serve the Village public at large as well as the Project; and
WHEREAS, the existing public infrastructure that was to be replaced by BMI under the Third SP Amendment has deteriorated to such a degree that the Village has heretofore determined (i) that those public infrastructure improvements are required whether or not the Project proceeds, (ii) that the Village can no longer wait for BMI’s construction of same, and (iii) that the Village will proceed to make and finance said public infrastructure improvements itself under authority to do so under the State Constitution, Local Finance Law and Village Law. Such improvements, portions of which shall be located on the Project Site, shall be herein referred to collectively as the “Public Purpose Infrastructure Improvements” and which are more particularly described on the spreadsheet annexed hereto and made a
part hereof as Schedule B, and include the following categories:
1. Project 1 - Phase 1 Utility Improvements;
2. Project 2 - Water Pump Station and Comfort Station within Club Easement Area,
3. Project 3 - Offsite Sanitary Sewer Including Holbrook Road Lift Station, and
4. Project 4 - 2 Water and Sewer Extensions; and
WHEREAS, the Public Purpose Infrastructure Improvements of Village Project 2, includes: a pumping station and hydro pneumatic tank system designed to serve the residential/domestic water requirements of the Project and the Village’s so-called High Zone Water Service Area which is comprised of approximately fifty-two (52) existing private homes and the Trump National Golf Course and Residential Development as presently approved to consist of: eighty-seven (87) dwelling units (i.e., sixteen (16) residential townhouses and seventy-one (71) condominium units), and one (1) clubhouse and six (6) guest suites and provides for the installation of an 8” diameter bypass check valve in a concrete vault at a point to be designated by the Village Engineer in the vicinity of Cypress Lane between the Village’s High
Zone Water Service Area and Low Zone Water Service Area. Said pumping station and hydropneumatic tank system and check valve are also collectively referred to herein as the Water System Improvement Facilities; and
WHEREAS, the Public Purpose Infrastructure Improvements of Village Project 3, include construction of 800 feet of gravity sewer through private property, a new pump station near Holbrook Road, and 500 feet of force main along Holbrook Road to Scarborough Road to benefit both the Project and the 50-plus surrounding properties (the “Holbrook Road Improvements”) and connection of a sewer main in Central Drive in order to eliminate an old section of the public sewer system consisting of 800 feet of 6” and 8” wooden siphon that currently runs through private property between Holbrook Road and Old Briarcliff Road and the Village has acquired or shall acquire all easements and land necessary for same; and
WHEREAS, BMI will grant to the Village such necessary easements for the construction and installation of the Public Purpose Infrastructure Improvements and entry upon the Project Site by the Village, its contractors, employees, and agents for such purposes; and
WHEREAS, BMI will work closely with the Village and the Village’s contractors in coordinating all site construction activities in a manner which will avoid interference with the installation and construction of the Public Purpose Infrastructure Improvements, while enabling BMI to facilitate their own improvements on the private aspects of this Project; and
WHEREAS, BMI has offered to make a voluntary mitigation and contributory payment to the Village in recognition of the Village’s completion of the Public Purpose Infrastructure Improvements, the terms of which are set forth herein below; and
WHEREAS, BMI’s prior activities in connection with the Project, BMI’s current application and the Village’s determination to proceed with the Public Purpose Infrastructure Improvements, will result in certain changes to the Third Special Permit; and
WHEREAS, on June 18, 2014, upon application of BMI, the Village of Briarcliff Manor amended Section 220-2 of the Briarcliff Manor Zoning Code and Section 220-6.J. (14) thereof to provide “Senior Care Community” as a newly defined category of use by Special Permit; and
WHEREAS, pursuant to Village Code Section~220_6.J.(14) as so amended, the Board of Trustees is the approving authority for a Senior Care Community and as set forth herein, has conducted this review of the Special Permit in connection therewith; and
WHEREAS, the Board of Trustees duly noticed and held a public hearing on June 18,~2014, in connection with the 2014 Modifications, at which time all those wishing to be heard were given the opportunity to comment; and
WHEREAS, the Board of Trustees referred the application of BMI for this further amendment of the Special Permit for the Project to the Planning Board and the Westchester County Planning Board; and
WHEREAS, by memorandum dated June 11, 2014, the Planning Board responded to the referral recommending approval of same; and
WHEREAS, by letter dated June 16, 2014, the Westchester County Planning Board responded to the referral confirming that there are no County or intermunicipal planning issues of concern to the County Planning Board and that this action is a matter for local determination in accordance with the Village’s planning and zoning policies; and
WHEREAS, at the public hearing the Board of Trustees heard statements and presentations from BMI and its representatives; and
WHEREAS, the Board of Trustees wishes to further modify the Third SP Amendment in accordance with the terms and conditions set forth herein.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The recitals and statements set forth above are adopted and incorporated in these “Resolved” provisions as if fully set forth and resolved herein.
2. The Board of Trustees hereby determines that (i) the proposed modifications to the Third SP Amendment are within the scope of the prior review under the State Environmental Quality Review Act (SEQRA) and they will not have any environmental impact different from those that were previously addressed in the SEQRA review of the Project, and as a result, no further environmental review is required in connection with this further modification of the Third SP Amendment and (ii) this Project, as further amended fully conforms to and complies with all requirements of the Village Code, Section 220-6, Special Permit Use, including Sections~220_6(J)(14)(a) & (b):
3. The special permit approval as set forth in the Third SP Amendment as modified by the First Modification and by this Resolution, and the conditions thereof and herein, in accordance with Village Code Section~220-6, Special Permit Use, runs with the land and binds all current and future owners of the Project Site, their successors, heirs and assigns.
4. Subject to the conditions set forth in this Resolution and otherwise in the approval of the Project and its various components, the Board of Trustees further modifies the Third SP Amendment as follows:
a. All references to “CCRC” in the “Resolved” paragraphs of the Third Special Permit Amendment shall be deemed changed to “Village Code 220-2 Senior Care Community – B.4.”
b. All residents of the Project shall be 55 years of age and older.
c. Paragraph 4.d. of the Third Special Permit Amendment is modified to reflect the existing site plan approval of the Planning Board granted on February 14, 2006, as amended by the Planning Board on November 18, 2008.
d. Paragraph 4.e. of the Third Special Permit Amendment is modified to add an additional subparagraph iv. to read as follows:
iv. Establishing that all residents of the Project shall be age 55 or older.
e. Paragraph 4.f.viii. of the Third Special Permit Amendment is modified to: provide that “Provider Antennas” as defined herein, also will be mounted on the Stealth Monopole; and to note that the Ground Equipment will not be mounted on the Stealth Monopole, but located on the ground nearby.
f. Paragraph 4.n. of the Third Special Permit Amendment is hereby modified to reflect the following, and otherwise to remain in full force and effect:
i. The Village has accepted completion of the Recreation Easement Area referred to in subparagraphs 4.n.i., and 4.n.iv.1.
ii. The Village has accepted completion of the Parking Area referred to in subparagraph 4.n.iv.2 relative to the Parking Area only
iii. Subparagraph 4.n.iv.2 shall be revised such that construction of the Restroom facilities as described therein shall be deemed a part of the Public Purpose Infrastructure Improvements as defined herein, to be constructed by the Village.
g. Paragraph 4.o.iii. of the Third Special Permit Amendment is hereby modified to require that any entity having an interest in Developer be an additional insured on the Village’s certificate of insurance.
h. Paragraph 4.q. of the Third Special Permit Amendment entitled “Water System Improvements” is hereby deleted in its entirety and replaced with the following:
“The Old Water Tank. The Developer shall remain responsible at its sole cost and expense for removal of the Old Water Tank from the Project Site.”
i. In Paragraph 4.r., 4.s. and 4.u. of the Third Special Permit Amendment the term “Existing Antennas”, and “Existing Antenna” as used therein shall mean the Provider Antennas and Village Antennas existing on the Old Water Tank as of this date.
j. Paragraph 4.w. of the Third Special Permit Amendment entitled “Developer’s Additional Requirements regarding Water System Improvement Facilities and the Stealth Monopole Facilities” is hereby modified to acknowledge the satisfaction of subsection i.
k. Paragraph 4.y. of the Third Special Permit Amendment entitled “Public Water Improvements” is hereby modified to read as follows:
“i. Decommissioning of Dalmeny Road Pump: That portion of the Public Purpose Infrastructure Improvements designated herein as the Water System Improvement Facilities constructed and installed on the Project Site by the Village will replace the existing Dalmeny Road water pump, and the Village shall disconnect the pumps and pipes. The Developer shall thereupon join the pipes of any main that shall remain in service but has otherwise been severed by disconnection of the pumps. The Developer shall not be responsible for disassembling or disposing of the Dalmeny
Road water pump or any related facility, addressing any existing subsurface or other conditions thereat, or otherwise decommissioning the pump.
ii. Back-up Water Supply for Fire Department: The Developer shall at its sole cost and expense install as a secondary source of water for fire fighting purposes a reservoir with a minimum capacity of 20,000 gallons in accordance with the Fire Code of the State of New York. In addition, the “Dry Hydrant Detail” indicated on plan drawing C-505 of the Approved Site Plan is to remain as designed and approved.”
l. Paragraph 4.z.i. of the Third Special Permit is hereby modified to read as follows:
“Holbrook Road Improvements: Pursuant to its offer, the Developer has contributed to the Village the sum of $5,000.00 as reimbursement for the Village obtaining the necessary easements for the Holbrook Road Improvements.”
m. Paragraph 4.z.iii. of the Third Special Permit is hereby modified to read as follows:
“Restoration of Disturbed Areas: To the extent that the Village disturbs any land area in the course of the work described in this condition of approval, the Village shall reasonably restore any such disturbed area(s) to substantially the condition that existed prior thereto at the Village’s sole cost and expense.”
n. Paragraph 4.aa. of the Third Special Permit is hereby modified to read as follows:
“Contributory Mitigation Payment for Library and Community Center Improvements: Pursuant to its voluntary offer, BMI shall make a non-refundable mitigation and contribution payment to the Village of Two Million ($2,000,000.00) Dollars to fund improvements and enhancements of the Village’s library and/or community center including their services, programs and/or facilities, which payment shall be due and payable, prior to and as a condition of the issuance of the First Building Permit.
o. Paragraph 4.bb. of the Third Special Permit is hereby modified to read as follows:
“Contributory Mitigation Payment for Emergency Equipment: Pursuant to its voluntary offer, BMI shall make a non-refundable mitigation and contribution payment to the Village in the amount of Five Hundred Thousand ($500,000.00) Dollars to fund the purchase of emergency equipment, which may include, but not be limited to a new fire truck for improved firefighting capability at the Project Site, which sum shall be paid to the Village prior to and as a condition of the issuance of the First Building Permit.”
p. A new Paragraph 4.oo is hereby incorporated into the Third Special Permit Amendment to read as follows:
“Contributory Mitigation Payment in Recognition of the Village’s Completion of the Public Purpose Infrastructure Improvements: Pursuant to its voluntary offer, BMI shall make a non-refundable mitigation and contribution payment to the Village of Eight Million Seven Hundred Forty Seven Thousand, Eight Hundred Seventy Three and 70/100 ($8,747,873.70) Dollars in recognition of the Village’s undertaking construction of the Public Purpose Infrastructure Improvements, as defined in this Second Modification of Third Amended and Restated Special Permit and Tree Removal Permit, and timely completion of same and correspondingly, relief of BMI from the condition that BMI make the Public Purpose Infrastructure Improvements. Said payment shall be made by BMI (i) in a single lump sum or (ii) in
thirty (30) semi-annual equal installments of Two Hundred Ninety One Thousand Five Hundred Ninety Five and 79/100 ($291,595.79) Dollars each, which includes a component for the value of said funds as paid over time, commencing on the date which is ten (10) days from the BMI’s receipt of written notice from the Village to commence such payments (the “Commencement Date”) but in no event prior to September 1, 2015. Said payments shall be due and payable on the Commencement Date and on each six (6) month anniversary thereof until paid in full. Said payments to the Village shall be utilized and applied by the Village in its sole and absolute discretion. ”
q. Paragraph 8. of the Third Special Permit is hereby modified to read as follows:
“Timing for Issuance of Building Permits: This Special Permit shall not permit construction of any improvements on the Project Site except the Public Purpose Infrastructure Improvements by the Village, and any work to be performed by BMI related thereto, and no building permits or approvals for construction of improvements to the Project Site shall be issued, except with regard to the buildings, structures and/or improvements conforming with the Site Plan Approval, or Amended Site Plan Approval, as the case may be, as granted by the Planning Board and conditions thereof.”
r. Paragraph 9. of the Third Special Permit is hereby modified to recognize the completion and delivery to the Village of the Ballfield.
s. Paragraph 12. of the Third Special Permit is hereby modified to read as follows:
“Term of Special Permit: Based upon the conveyance of the Recreation Easement to the Village, this Special Permit approval shall not expire. However, Developer and BMI shall not assign their respective obligations under this Special Permit approval, nor assign or otherwise convey any of their respective interests in all or part of the Project and/or the Project Site to a third party or parties, without prior written notice to the Village.
For purposes of this Paragraph 12, the term “assignment” shall be deemed to include without limitation the sale or other transfer of a majority of the shares or other equity interests in either Developer or BMI, in one transaction or a series of related transactions, and shall include any event which by operation of law vests either’s interest in any person or entity other than Developer and/or BMI as the case may be.”
t. Except as otherwise modified hereby, all provisions of the Third SP Amendment as modified by the First Modification shall remain in full force and effect.
u. This Resolution modifying the Third Special Permit Amendment as modified by the First Modification shall run with the land and be binding upon and inure to the benefit of all current and future owners of the Project Site, their successors, heirs and assigns.
5. The Village may finance the Public Purpose Infrastructure Improvements under its powers to borrow for such improvements under the State Constitution, Local Finance Law, and Village Law and any such borrowing shall be backed by the full faith and credit of the Village. The payments to be made by BMI as set forth in Paragraph 4.p. above shall be utilized and applied by the Village in its sole and absolute discretion but shall in no way be made in connection with any Village borrowing to finance the Public Purpose Infrastructure Improvements.
SCHEDULE A
SECOND MODIFICATION OF THIRD AMENDED AND
RESTATED SPECIAL PERMIT
AND TREE REMOVAL PERMIT
Briarcliff Manor Investors LLC and Integrated Development Group LLC
BACKGROUND
A. Special Permit Approval
1. By resolution filed in the Office of the Village Clerk of the Village of Briarcliff Manor on June 12, 2003 (the “Special Permit Resolution”), the Village of Briarcliff Manor Board of Trustees granted a Special Permit and a Tree Removal Permit to Barrington Venture LLC and The Garlands of Briarcliff Manor, LLC (collectively, “Barrington”) for construction and operation of a Continuing Care Retirement Community (“CCRC”) comprised of a mix of independent living, assisted living and skilled nursing units to accommodate a maximum of 550 residents (the “Project”) to be located on the approximately 58.91 acre parcel of land that was formerly the campus of The
Kings College in the Village (the “Project Site”); and
B. Project Site
2. The Project Site, which is identified on the Village’s Tax Map as 98.13-1-13, 14, 15, and 19 and 98.09-1-29 and was formerly shown as Section~4.17, Block~11, Lots 4.D, 36 and 50 and Section 4.18, Block 11, Lots 2 and 13 is located in the central portion of the Village of Briarcliff Manor in the west-central portion of Westchester County, New York and is situated north of Scarborough Road with direct access provided from Scarborough Road, Central Drive, and Lodge Road; and
3. The Project Site was originally zoned R-60A, Single Family Residence but since the adoption of the Special Permit Resolution, was re-zoned R-80A, Single Family Residence; and
4. The Village owns a small parcel of land measuring approximately 52 feet by 52 feet located within the Project Site south of the former Main Lodge building (the “Village Parcel”), upon which stands a ±150,000 gallon water tank (the “Old Water Tank”) and related facilities which shall be conveyed to BMI pursuant to this Approval; and
5. Several easements that benefit the Village traverse the Project Site (the “Village Easements”), and they include easements: (a) granting access to the Village Parcel, (b) permitting the planting of landscaping around the Village Parcel, (c) granting the right to obtain electrical power and telephone service from the existing facilities on the Project Site to serve the Village Parcel, and (d) allowing construction, maintenance, and replacement of a water line connecting to the Village Parcel from property adjoining the subject Project Site to the east; an
6. In addition to the Village Easements, other easements that benefit adjacent properties traverse the Property site, and they include easements (a)~for the benefit of property now 100 Lodge Road, that is for sewer service, 10 feet wide, and runs through the Project site and connects to the said property in the northern portion of the Project Site near Lodge Road, the maintenance of which is the responsibility of the owner of 100 Lodge Road and (b)~for the benefit of the 100 Lodge Road that is for access and runs through the Project Site from the southerly end of the Lodge Road and connects to a driveway on the 100 Lodge Road; and
C. Village Authority
7. Pursuant to Village Code Section~220_6(J)(14), the Board of Trustees is the approving authority for a CCRC and has conducted the review of the Special Permit issued in connection therewith; and
8. Pursuant to Village Code Section 202-4, the Board of Trustees is the approving authority for the regulation and preservation of trees within the Village of Briarcliff Manor, and governs the issuance of permits for tree cutting and removal, with applications for permits to conduct such regulated activities being regulated in Section 202-3.A(2) thereof; and
9. In this case approval by the Board of Trustees of the Special Permit included action related to the Tree Removal Permit or Tree Protection Plan as provided in said Chapter 202 of the Village Code (the “Tree Removal Permit”), based upon a recommendation from the Planning Board, which Tree Removal Permit constituted an integral part of the Special Permit Resolution; and
D. SEQRA
10. The Project has been subject to a coordinated review under the New York State Environmental Quality Review Act (“SEQRA”) by the Village of Briarcliff Manor Planning Board (the “Planning Board”) as the Lead Agency, which included the preparation of a Draft Environmental Impact Statement (“DEIS”) and a Final Environmental Impact Statement (“FEIS”); and
11. The Planning Board addressed the Project’s conformance to the general Special Permit standards of the Village’s Zoning Law in the FEIS and found that the Project conforms to and furthers the intent of the requirements of those standards and further that the Project more particularly conforms to the Special Permit standards of the zoning established for CCRC use under Village Code Section~220_6(J)(14); and
12. The Board of Trustees has participated in the SEQRA review of the Project as an Involved Agency throughout the course of the review; and
13. The Planning Board as Lead Agency adopted a Findings Statement dated April~28, 2003, which concluded that significant adverse impacts identified had been satisfactorily minimized or mitigated to the maximum extent practicable subject to certain project modifications; and
14. As an Involved Agency and in accordance with the requirements of Part~617 of the SEQRA regulations, the Board of Trustees adopted its own Environmental Findings Statement dated May~29, 2003; and
E. First Special Permit Amendment
15. On March 17, 2005 the Board of Trustees formally referred to the Planning Board an application submitted by CC-Briarcliff LLP and/or CC-Briarcliff Inc., as the case may be, and Classic Residence by Hyatt (collectively “Hyatt”), which entities were then contract-vendee(s) and developer(s) of the Project Site and which application sought to amend the Special Permit Resolution with the following modifications collectively referred to herein as “First SP Modifications” to:
a) Utilize a pumping, hydropneumatic tank, and check valve system to supply water to the Project Site and the area of the Village served by the Old Water Tank (the “Water System Improvement Facilities”) and eliminate the need to replace the Old Water Tank with the previously approved New Water Tank, and
b) Install a stealth monopole, designed to appear as an approximately 160-foot tall evergreen tree (the “Stealth Monopole”), rather than constructing the New Water Tank, as a structure on which to relocate the Briarcliff Manor Police and Fire Department radio communication antennas presently located on the Old Water Tank (the “Village Antennas”), and other telecommunications antennas that may be located on the Old Water Tank (“Provider Antennas”), with appurtenant telecommunications equipment boxes (the “Ground Equipment”) being relocated to a structure to be situated near the Stealth Monopole such Stealth Monopole facilities to include wireless telecommunications facilities that could have been in the future mounted on the Old Water Tank and located on
the ground of the Village Parcel, including those of new or additional telecommunications companies and their associated Ground Equipment (“Future Antennas”) (collectively the “Stealth Monopole Facilities”); and
16. Upon separate application of Hyatt, the Planning Board on April 12, 2005, approved a temporary sales center for the Project in accordance with the Zoning Law and adopted a Resolution entitled, “CC-Briarcliff LLP - Classic Residence by Hyatt, Temporary Sales Office - Resolution of Site Plan Approval for a Temporary Facility;” and
17. On August 9, 2005, the Planning Board as Lead Agency relative to the First SP Modifications adopted a Negative Declaration in accordance with SEQRA regarding the proposed amendment to the Special Permit Resolution, and on August 26, 2005, adopted Amended Lead Agency Findings; and
18. In connection with the proposed First SP Modifications, the Board of Trustees opened and held a public hearing on September 8, 2005, at which an Amended Environmental Findings Statement under SEQRA was adopted, which addressed the impacts associated with the First SP Modifications; and
19. On September 15, 2005, the said public hearing was continued , at which time, the Board of Trustees adopted a resolution amending the Special Permit Resolution entitled “Resolution of the Village of Briarcliff Manor Board of Trustees, Amended Special Permit CC_Briarcliff LLP and Classic Residence by Hyatt (formerly Barrington Venture LLC and the Garlands at Briarcliff)” to permit the First SP Modifications (the “First SP Amendment”); and
F. Second Special Permit Amendment
20. In November 2005, Hyatt proposed certain program and design changes, modifications to operational features and technical amendments to the Special Permit Resolution and First SP Amendment, including but not limited to the following (the “Second SP Modifications”):
a) No surround-sound theater would be required;
b) Three (3), rather than twenty (20), guest suites;
c) No Pavilion or Formal Garden Area with formal hedges would be required, but a less formal landscaping scheme would be implemented;
d) No Reforestation Plan in the area of the ballfields would be required, although supplemental landscaping would be required therein to the extent it would not interfere with the provision of the playing fields;
e) No Performing Arts Center would be required, although the Lodge Room would be constructed and access to the public would be provided to the assembly rooms as initially provided in the Special Permit Resolution;
f) Reduced parking and authorization for both valet parking (for up to 90 vehicles) and tandem parking would be implemented;
g) Parking by the public within the CCRC and beyond the Recreation Easement would not be required;
h) On-site emergency call system would continue to be required, but not need to be based upon a telephone network;
i) Any dredging or clearing of Lodge Pool would be subject to review by, and issuance of a permit from New York State Department of Environmental Conservation (“NYSDEC”);
j) Elimination of the requirement that an on-site concrete batch plant be utilized in the construction of the Project;
k) No dry hydrant at the Dalmeny Pump Station would be required, but a dry fire line would be provided in the vicinity of the intersection of the Project Site and Lodge Road;
l) The Dalmeny Water Pump would not be replaced; and
m) The Developer would design the water pump for the Water System Improvement Facilities; and
21. The Board of Trustees held a duly noticed public hearing concerning the Second SP Modifications on December 1, 2005, and continued to December 15, 2005, at which time all those wishing to be heard were provided an opportunity to comment; and
22. On December 13, 2005, the Planning Board adopted a Further Amended Findings Statement under SEQRA which addressed impacts that may arise in connection with the Second SP Modifications; and
23. On December 15, 2005, the Board of Trustees adopted a Resolution further amending the Special Permit Resolution and the First SP Amendment, entitled “Resolution of the Village of Briarcliff Manor Board of Trustees, Second Amended Special Permit, CC-Briarcliff LLP and Classic Residence by Hyatt (formerly Barrington Venture LLC and The Garlands of Briarcliff)”, which approved the Second SP Modifications (the “Second SP Amendment”); and
24. On February 14, 2006, the Planning Board adopted a Resolution (the filing date of which was March 3, 2006) entitled, “CC-Briarcliff LLP - Classic Residence by Hyatt: Resolution of Site Plan, Steep Slopes and Wetlands Permit Approval” for the construction of the Project as it had been amended during the previous Special Permit, First SP Amendment and Second SP Amendment reviews conducted by the Board of Trustees (the “Site Plan Resolution”), and as detailed on the various plans submitted to the Planning Board; and
25. In August 2006, Hyatt advised the Board of Trustees that it was withdrawing from pursuing the Project; and
G. Third Special Permit Approval
26. On November 28, 2007, Briarcliff Manor Investors LLC and Integrated Development Group LLC, the owner and proposed developer respectively of the Project Site and the Project (collectively “BMI”) submitted an application to the Board of Trustees to amend the Special Permit, First SP Amendment and Second SP Amendment to facilitate the redesign and reconfiguration of the Project to construct, maintain and operate the CCRC in accordance with a new site plan and pursuant to Article 46A of the Public Health Law of the State of New York (the “Third SP Modifications”); and
27. The Third SP Modifications include the following changes to the Project, among other things:
a) Reducing the size of the Supportive Living Center (formerly designated by Hyatt as the Health Center, or Care Center) from 70 to 60 units and from approximately 71,816 s.f. to approximately 49,635 s.f. (the “Supportive Living Center”);
b) Relocating the Supportive Living Center from the lower portion of the Project Site (the “Lower Village”) to the upper portion of the Project Site (the “Upper Village”) in order to:
i. Provide residents of the Supportive Living Center a home closer and with more convenient accessibility to their spouses and neighbors living in the independent living units in the Upper Village;
ii. Allow for greater operating efficiencies for the CCRC staff; and
iii. Eliminate the need to construct a connecting pedestrian bridge and elevator structure between the Supportive Living Center and the Main building in the CRbH Site Plan;
c) Reducing the size of the Main Independent Living buildings (collectively, the “Main Building”) from approximately 613,915 s.f. to approximately 501,442 s.f.;
d) Eliminating the below-building parking to reduce blasting and, instead, constructing a parking structure adjacent to the Main Building in the Upper Village;
e) Providing a mix of 325 Independent Living Units (“ILUs”) that will include 288 ILUs in the Main Buildings and 37 ILUs in Villas in the Lower Village (as compared to only 27 Villas provided in the Hyatt Site Plan);
f) Eliminating any Guest Suites (where Hyatt had provided 3 Guest Suites);
g) Providing a new free-standing Pool/Spa building comprising approximately 28,020 s.f. (the “Spa & Wellness Center”);
h) Modifying the size of the multi-purpose community room and common space, while preserving the Lodge Room;
i) Relocating of Stealth Monopole Facilities slightly southerly within Upper Village;
j) Providing approximately 602 parking spaces by a combination of self-park, tandem and valet spaces with some overflow reserve valet parking and land-banked parking areas;
k) Providing two tennis courts in the Lower Village for use by the CCRC residents; and
28. The Third SP Modifications were referred by the Board of Trustees to the Planning Board, which forwarded its recommendations thereon; and
29. Thereafter, certain additional changes to the Project were requested by BMI, including permitting twenty (20) of the ILUs to be constructed to a size greater than the “900 square feet or less” limitation of the Special Permit, provided such units are less than approximately 1,000 square feet in livable area to be more affordable to individuals; and
30. On July 8, 2008, the Planning Board adopted a Further Amended Lead Agency Findings Statement under SEQRA in connection with the Third SP Modifications and the additions thereto noted above; and
31. The Board of Trustees duly noticed and held a public hearing on October 16,~2008, in connection with the Third SP Modifications and the additions thereto noted above, at which time all those wishing to be heard were given the opportunity to comment at which BMI and their representatives submitted additional plans including (i) Overall Site Plan, C-100 drawing of Perkins Eastman dated April 8, 2008, and (ii) Section Comparison, Elevation Comparison, and Cell Tower and Accessory Building drawings of Perkins Eastman dated October 14, 2008 and
32. On November 6, 2008, the Board of Trustees adopted a Resolution of Third Amended and Restated Special Permit and Tree Removal Permit (the “Third SP Amendment”), relative to the Third SP Modifications as detailed therein, in connection with the construction and operation of a CCRC, which Project is comprised of a mix of independent living, assisted living and skilled nursing units to be located on the approximately 58.91 acre Project Site; and
33. On November 18, 2008, the Planning Board adopted a resolution entitled, “Briarcliff Manor Investors LLC and Integrated Development Group LLC: Resolution of Amended Site Plan, Steep Slopes and Wetlands Permit Approval (the “Amended Site Plan Resolution”) amending the Site Plan Resolution relative to the Third SP Modifications; and
H. First Modification of Third Special Permit Approval
34. After a comprehensive re-zoning in the Village resulted in the change of the zoning of the Project Site from R60A to R80A, BMI submitted an application to the Board of Trustees, on February 18, 2010, whereupon the Board of Trustees adopted a resolution entitled “First Modification of the Third Amended Special Permit and Tree Removal Permit” (the “First Modification”) providing for the following:
a) During the period commencing January 1, 2010, and ending on December 31, 2015 (“Interim Period”), in connection with any residential development on the Project Site, BMI shall be entitled to a development density calculation on the basis of the Village’s R60A Zoning regardless of the classification of the zoning district in which the Project Site is located; and
b) In calculating the permitted development density during the Interim Period, the Recreation Parcel shall be considered part of the Project Site and counted towards meeting the recreation set-aside required under the Village Code; and
VILLAGE PUBLIC PURPOSE INFRASTRUCTURE IMPROVEMENTS VM 1.0 PHASE 1 UTILITY IMPROVEMENTS |
Item |
Description |
Design and Construction Phase Services |
1.1A |
Prepare Bid Package - Plans, specifications, revisions to DOH approvals due to phasing changes, meetings with Village |
1.1A.1 |
Survey of as-built conditions for parking lot, entrance road, etc. |
1.1B |
Bid Phase Support |
1.1C |
Construction Phase Services - Shop Drawings, RFI, project meetings, observe testing, site visits |
1.2 |
Village Construction Services including inspections, as- built and project closeout Reimbursable Cost- Printing, etc. |
|
|
Construction Phase |
1.3 |
Water main intake from Scarborough Road to pump station |
1.4 |
Water main intake from Scarborough Road to pump station |
1.5 |
Water pump station to discharge main to existing entrance road |
1.6 |
8" Check valve in pit in Cypress Lane between High Service Zone and Low Service Zone |
1.7 |
Water tank disconnect and miscellaneous piping work at Dalmeny Road pump house |
1.8 |
Scarborough Road to Restroom Building - Sewer |
1.9 |
Water Main from Pump House to Comfort Station |
1.10 |
Allowance for Rock Excavation |
1.11 |
Wet Tap |
1.12 |
Road Patch |
1.13 |
Meter Pit |
SCHEDULE B
SECOND MODIFICATION OF THIRD AMENDED AND
RESTATED SPECIAL PERMIT
AND TREE REMOVAL PERMIT
Briarcliff Manor Investors LLC and Integrated Development Group LLC
VILLAGE PUBLIC PURPOSE INFRASTRUCTURE IMPROVEMENTS VM 2.0 WATER PUMP STATION AND COMFORT STATION
|
Item |
Description |
Design and Construction Phase Services |
2.1A |
Civil Package - Grading, Sediment control, Paving, Coordination of all other consultants |
2.1A.1 |
Architectural design services, including approvals and bid package preparation, Electrical Design, ConEd Service, Generator, Plans, Specifications, Coordination with ConEd, Architectural/Engineering Design Service during construction including inspections, as-built and project close-out |
2.1.B |
Bid Phase Support |
2.1.C |
Engineering/Architectural design service during construction including inspections, as-built and project closeout, Arch/MEP included in 2.1 |
2.2 |
Village Engineering design service during construction including inspections, as-built and project closeout |
|
Construction Phase |
2.3 |
Prepackaged pump station EFI Cost Start-up and Testing |
2.4 |
Architectural/MEP building surround and foundations Comfort Station Pump House, includes generator |
2.5 |
Site Work including connection to water intake mains built by others, grading, sediment control, repaving parking lot. Site Work, final sidewalk, minor landscaping |
2.6 |
Electric Service Scarborough Road to Pump House Pump House to Comfort Station |
VILLAGE PUBLIC PURPOSE INFRASTRUCTURE IMPROVEMENTS VM 3.0 OFFSITE SANITARY SEWER INCLUDING HOLBROOK ROAD LIFT STATION
|
Item |
Description |
Design and Construction Phase Services |
3.1A |
Prepare Bid Package - Plans, specifications, revisions to DOH approvals, meetings with engineers |
3.1B |
Design of Village Sewer - Survey , Plans, DOH approval specifications, meetings with engineers |
3.1C |
Design of Village Pump Station - Design, DOH approval, architectural design |
3.1D |
Bid Phase Support |
3.1E |
Construction Phase Services - Shop Drawings, RFI, project meetings, observe testing, site visits |
3.2 |
Construction Phase Services - Full time field inspections as directed by the Village
|
|
Construction Phase |
3.3 |
Lift Station construction complete, including site work, walls, etc. |
3.4 |
Force Main from Pump Station |
3.5 |
Replacement of wooden siphon through Irani property with gravity piping |
3.6 |
Replacement of third leg of siphon along Holbrook Road |
3.7 |
Allowance for Rock Excavation |
VILLAGE PUBLIC PURPOSE INFRASTRUCTURE IMPROVEMENTS VM 4.0A PHASE 2 WATER AND SEWER EXTENSIONS |
Item |
Description |
Design and Construction Phase Services |
4.1A |
Prepare Bid Package - Plans, specifications, revisions to DOH approvals due to phasing changes, meetings with engineers |
4.1B |
Bid Phase Support |
4.1C |
Construction Phase Services - Shop Drawings, RFI, project meetings, observe testing, site visits |
4.2 |
Village Engineering design service during construction including inspections, as-built and project closeout |
~ |
Construction Phase |
4.3 |
New water main ("F" Line) The Club lower Village to Central Avenue |
4.4 |
Class 52 water main - dry fire line from Lodge pool to The Club’s upper Village |
4.5 |
Sewer from Lodge Road to Central Avenue |
4.6 |
Allowance for Rock |
4.7 |
Wet Tap |
4.8 |
Road Patch~ |
Mr. William Null thanked the Board formally and stated that the Water Main and Sanitary Sewer Facilities Easement Agreement that he delivered to the Village’s Attorneys in escrow now were released from the escrow and delivered to the Village.
Public Hearing to Consider the Acquisition of a Temporary Construction Easement and Permanent Use and Maintenance Easement by Eminent Domain and Inform the Public, Review the Public Use and Impact on the Environment and Residents of the Locality, and Receive Public Comment Regarding the Same. The Property on Which the Easements Shall Be Located is Known as 150 Lodge Road, is Identified on the Village’s Tax Map as Section 98.13, Block 1, Lots 13, 14, 15, 19 and Section 98.09, Block 1, Lot 29, is Commonly Known As the Former Kings College Campus, and is Currently Owned by Briarcliff Manor Investors LLC.
Mayor Vescio stated to stay in keeping with past practices the Board would open the public hearing but would not pursue it.
Upon motion by Deputy Mayor Sullivan, seconded by Trustee DeRose, the Board voted unanimously to open the Public Hearing.
Mr. William Null, Attorney for Briarcliff Manor Investors LLC, stated that the Water Main and Sanitary Sewer Facilities Agreement that was released from escrow and delivered to the Village in accordance with the prior Resolution for the “Second Modification of the Third Amended and Restated Special Permit and Tree Removal Permit, Briarcliff Manor Investors LLC and Integrated Development Group LLC” voluntarily granted the Village easements and rights corresponding to the easements and rights that were the subject of the eminent domain proceeding.
There were no other public comments.
Upon motion by Trustee Wilson, seconded by Trustee Pohar, the Board voted unanimously to close the Public Hearing.
Village Attorney Smith stated he would prepare a formal resolution abandoning the proceeding.
Adjournment
Upon motion by Trustee Wilson, seconded by Trustee Pohar, the Board voted unanimously to adjourn the special meeting at 7:45pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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