Updated: Special Permit Approved for GM Property

The Sleepy Hollow Board of Trustees has unanimously approved the special permit needed to move forward with the General Motors property development.

The decision was made immediately after a public hearing – called as a formality to adhere to proper meeting notification laws – was opened and later closed on Tuesday night.

"It's a great milestone for the Village and GM, and we've worked hard with the Village to get to this point," said Andrew Tung, the attorney representing GM.

The proposed development for the site, on which the special permit is based, will consist of 1,177 residential units; 135,000 square feet of retail space, 35,000 square feet of office space; a 140-room hotel; the potential for the addition of 6,000 square feet of retail/restaurant space; and approximately 45 acres for public open space, public interest or public use. The public space includes approximately 16.1 acres of public waterfront open space which includes the approximately 13.1 acres of waterfront open space,

The approval of the special permit will allow General Motors to sell the waterfront parcel to a developer – and there are conditions laid out in the permit which will press the property transfer within a year.

GM now has 30 days to send out a request for proposals to garner interest in the property. Applicants will have 60 days to respond, and GM will have another 60 days to choose a suitable applicant. Once a developer has been identified, GM will have to convey the property within 120 days. If the property is not returned to taxable status within one year from the date of the approved special permit, the permit is nullified.

"We've done what we needed to do," Sleepy Hollow Mayor Ken Wray said. "Now go forth and find us a developer."

The consistency findings, also approved by the board last night, indicate that the planned project "achieves the design goal of an 'old Hudson River waterfront community' image" described in the Village's Riverfront Development zoning district. Trustees also noted the project will "strengthen Sleepy Hollow's economic base" and "revitalize the deteriorated and underused waterfront area."

While the special permits for the project were approved, some audience members spoke out during the brief public hearing, stating the special permit was issued too quickly and that it did not adequately address infrastructure and environmental concerns.

"Sleepy Hollow never addressed the substantial traffic impacts of this project on the Village of Tarrytown," said attorney Katherine Zalantis, who is representing the neighboring village. "Tarrytown is urging the board to take a step back and consider the impacts before moving forward."

Sleepy Hollow trustees lambasted Tarrytown, calling over Sleepy Hollow's environmental impact findings "frivolous."

"I think this lawsuit is ridiculous," said Trustee Tom Capossela. "It's frivolous and it's going to cost us a fortune."

Regarding traffic impacts of the project, one concrete solution laid out in the special permit is that the developer will provide up to three shuttles from the site to the Tarrytown Train Station during peak train times. The developer would have to continue the service until deemed sufficient by the Board of Trustee, or until a new train station is developed in the Village of Sleepy Hollow.

Another, more vague, traffic mitigation plan involves the developer bonding for an undetermined amount of money that would represent its "fair share" of implementing traffic mitigation measures in Tarrytown.

The developer's fair share would be determined by a traffic consultant hired by Sleepy Hollow. However, while the developer shall use "good faith efforts" to implement traffic mitigation measures outside of Sleepy Hollow, it is under no obligation to do so unless the Village of Tarrytown agrees to the conditions and mitigation measures described by the Village of Sleepy Hollow.

The board also found that there was adequate public infrastructure to support the GM development project, despite not having the funding secured for a new water reservoir needed to supply the GM site, and the village, with at least 24 hours of reserve water supply. A site for the new water reservoir has apparently been identified by the Village, but no funding schemes have been approved yet.  The developer will have to pay $650,000 toward the building of the tank within 120 days of closing on the property. In the past, trustees have said the water infrastructure project would cost at least $4 million.

The Village will have help paying for some new facilities on the site, such as a DPW yard, fire house, ambulance headquarters and a new fire engine. An $11.5 million sum is being paid to the Village by the developer to cover these, and other projects. However, some commenters noted there were strings attached.

"It's not a lump sum given up front," said Sleepy Hollow resident David Bedell.

The village will get $11.5 million in chunks, tied to meeting occupancy goals in the new development, which could push back the village's acquisition of such funds.

The first chuck, 15 percent of the total, will be given after site plan approval is given for the first stage of the development. The last portion of the $11.5 million wouldn't be paid until the village builds it's DPW, ambulance and fire facilities, and demollition of the east parcel pedestrian viaduct. 

Many of those who spoke during the public hearing also urged the board to take a closer look at the remains of the site, specifically concrete piles that could be deemed hazardous, and time lines for mitigation plans to clean up the site and the adjoining Hudson River.

"The draft permit doesn't given the amount of detail we were hoping to see," Phillip Musegaas with RiverKeeper.

Regarding the concerns of environmental impacts and Village liability, the developer will have to secure insurance covering the Village for claims relating to the effects of environmental damage. The insured retention will be no greater than $1,000,000, an aggregate limit of not less than $10,000,000 with a protective policy term of at least 10 years.

Despite the comments, Mayor Wray noted that many of the concerns expressed had already been written into the record, and that they didn't rise to a level that would require a reexamination of the special permit issued by the Village to GM.

As if echoing the sentiments of the board, Mario Belanich – a long-time village resident and a former union employee at the GM plant for 40 years – urged trustees to press forward.

"Let's start building, let's start moving," he said.

The full special permit resolution and consistency findings are attached as a .pdf in this article.