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Village Board of Trustees Special Meeting Minutes 08/29/2007
                                        Board of Trustees
                                                        Village of Tarrytown
                                                        Special Meeting No. 9
                                                        August 29, 2007  7:00 p.m.

PRESENT:  Mayor Fixell, presiding; Trustees Butler, Hoyt, McGee, and McGovern,; Village Administrator McCabe; Village Attorney Shumejda; and Village Clerk Booth

ABSENT:  Trustees Basher and Zollo

RESOLUTION TO APPROVE, AS AN INVOLVED AGENCY, THE VILLAGE OF TARRYTOWN’S FINDING STATEMENT WITH RESPECT TO LIGHTHOUSE LANDING SEQRA FINDINGS STATEMENT

Trustee Hoyt moved, seconded by Trustee Butler, and unanimously carried that the following be approved:  Approved: 5-0

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the Village of Tarrytown’s SEQRA Findings Statement regarding Lighthouse Landing at Sleepy Hollow, which shall be attached to the minutes of this meeting as part of the official public record.

                                        
617.21
State Environmental Quality Review
FINDINGS STATEMENT

Pursuant to Article 8 (State Environmental Quality Review Act – SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617, the Village of Tarrytown, as an involved agency, makes the following findings:

I.      INTRODUCTION

Name of Action:
Lighthouse Landing at Sleepy Hollow

Description of Action:
Proposed Traffic mitigation to remove/prohibit on street parking at certain intersections along Route 9.

Location:
Village of Tarrytown

Agency Jurisdiction:
Village Board of Trustees

Date Final Environmental Impact Statement Filed:
December 29, 2006

II.     FACTS AND CONCLUSIONS RELIED UPON TO SUPPORT THE DECISION AND ITS FINDINGS:

On February 22, 2005 Trustees of the Village of Tarrytown and the Village’s planning consultant testified at the public hearing on the Draft Environmental Impact Statement (DEIS) for the proposed Lighthouse Landing project on the former GM site in the Village of Sleepy Hollow.  In both testimony and follow-up memorandum, the Village of Tarrytown asked that a lower density alternative be developed for detailed comparison with the Proposed Action.  An alternative that reduced density on the site by approximately 50 percent was cited as the only realistic way to reduce traffic impacts, particularly on Route 9.  Such an alternative would also reduce impacts on public schools, existing downtown stores in Tarrytown and Sleepy Hollow, and viewsheds (with a reduction in building height).
                
On January 23, 2007 the Mayor of Tarrytown and the Village’s planning consultant, Frank Fish, testified on the Final Environmental Impact statement (FEIS).  The Mayor emphasized that the key issue of concern for the Village of Tarrytown was traffic.  The Village’s planner stated that the FEIS failed to include the reduced density alternative that had been requested in 2005.  He concluded that the FEIS was deficient and requested that a supplemental FEIS that includes this alternative be prepared.  Tarrytown also submitted expert testimony from its traffic consultant, John Canning, and its economic advisor, Regina Armstrong, pointing out serious deficiencies in the traffic analysis and fiscal analysis.  

In June of 2007, the Village of Tarrytown commented on the proposed findings statement which had been sent to the Village as an involved agency.  The Village emphasized that the FEIS failed to provide any basis to make reasoned decision “from among the reasonable alternative available” because Sleepy Hollow had never taken a hard look at an alternative that significantly reduced density (e.g. 40-50%).

Instead of a hard look at reasonable alternatives, Sleepy Hollow continues to propose traffic mitigation on Route 9 by eliminating on-street parking at a number of key intersections in the Village of Tarrytown.  In its June response to Sleepy Hollow the Village of Tarrytown explicitly stated that it would not eliminate parking at the proposed intersections on Route 9.  The Village of Tarrytown pointed out that such “mitigation” would produce significant adverse impacts within the Village of Tarrytown.  The Village specified these negative impacts as follows:

1.      Harm to Merchants

The “mitigation” would eliminate short term parking serving the retail stores of the Village.  Such a measure would exacerbate the existing parking shortage in the Village’s downtown and have an adverse impact on sales at the stores on Route 9.

2.      Neighborhood Character

Eliminating parking would change the character of Route 9 from a two land arterial to a four lane arterial in certain areas.  This would result in an increase in vehicular speeds and would create an auto-dominated thoroughfare that is out of context with the design and community character of a village “Main Street.”  Elimination of on-street parking will result in loss of overnight parking for apartment dwellers and will push shoppers into nearby neighborhoods to compete with residents for parking.

3.      Pedestrian Environment

Currently on-street parking provides a buffer between traffic and pedestrians walking along the sidewalk, creating a safer pedestrian environment.  Eliminating on-street parking would decrease pedestrian safety on Route 9.  

Based on these issues of retail economic viability, community character, and pedestrian safety, the Village finds that it is in the best environmental interest of its citizens to maintain on-street parking along Route 9.  We note that the Findings Statement of the lead agency, the Village of Sleepy Hollow, acknowledges this possibility of maintaining on-street parking.  Sleepy Hollow offers to assist with the construction of off street parking by the use of developer financial contributions, but has limited the offer to five years.  After five years money would revert back to the developer.  The Sleepy Hollow Findings do not indicate that Sleepy Hollow studied how much additional off street parking would be needed and whether there are adequate locations in the Village to provide it.  While this offer could potentially mitigate part of the harm to merchants cited above it would do nothing to mitigate the harm to community character or pedestrian safety.

Having considered the Draft and Final Environmental Impact Statement for Lighthouse Landing at Sleepy Hollow and having considered the preceding written facts and conclusions relied upon to meet the requirements of 6 NYCRR Part 617.11, this Statement of Findings certifies that:

1.      The requirements of 6 NYCRR Part 617 have not been met in terms of examining reasonable reduced scale alternatives and impacts on traffic, partially as a result of failure to require a supplemental Environmental Impact Statement.

2.      Consistent with social, economic and other essential considerations from among reasonable alternatives available, the mitigation action of prohibiting parking at certain intersections on Route 9 does not minimize or avoid adverse environmental impacts to the maximum extent practicable and would, in fact, create new adverse environmental impacts.

3.      Consistent with the applicable policies of Article 42 of the Executive Law, as implemented by 19 NYCRR Part 600.5, this action of prohibiting parking at intersections on Route 9 will not achieve a balance between the protection of the environment and the need to accommodate social and economic considerations.

Village of Tarrytown Board of Trustees
Name of Agency

                                                              ____________________________                      Drew Fixell
Signature of Responsible Official                       Name of Responsible Official


Mayor___________________                        August 29, 2007________________
Title of Responsible Official                           Date

Address of Agency:

Village of Tarrytown Board of Trustees
Tarrytown Village Hall
21 Wildey Street
Tarrytown, NY  10591

cc:  Other Involved Agencies
      Applicant


ADJOURNMENT

Trustee Hoyt moved, seconded by Trustee McGovern, and unanimously carried, that the meeting be adjourned at 7:20 p.m.



Carol A. Booth
Village Clerk