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A regular meeting of the Planning Board was held on Thursday, January 15, 1998 at 8:00 At 11 '
PM in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present:

Donald Stever, Chairman
David Perlmutter
Donald Caetano
Betsy Sawyer-Gaylin
Joanne Becker

Also Present:

Janet Gandolfo, Village Attorney
James Margotta, Building Inspector
Mark DeGennaro, Village Engineer

Absent:

Nicholas Cicchetti
Edward McCarthy

Approval of Minutes
David Perlmutter moved, seconded by Joanne Becker to approve the minutes of the
December 18, 199(Jfwith minor corrections, motion carried.
Miguel Jimenez-135 Cortlandt Street- Continuation
Chairman Stever commented that these plans are different than 'hose originally submitted,
therefore this must be re-noticed for next month. Tonight the Board will have a general
discussion on the proposal.
Ron Turnquist, Architect, presented drawings and gave an explanation of the plans which
shows that these are two pieces of property on Cortlandt Street. There will be two small
retail spaces on the first floor, two one bedroom apartments and four two bedroom
apartments and two handicapped ramps.
Mark DeGennaro, Village Engineer, read a letter he had written to the Planning Board
which states that the site plan as presented does not meet all the requirements on the
checklist and he checked the items that were not addressed. He commented that plans
should be separated from each other and that design flow calculations are needed. He
gave some helpful hints and commented that these items need to be addressed when the
applicant returns next month.
Don Caetano questioned the accessibility of the fire department to a fire.
Richard Gross, Assistant Fire Chief, made some comments which he stated are strictly
suggestions. He commented that two means of access and egress should be made
available, the one building in the back has limited accessibility, overhead wiring should be
grounded to make it easier to raise ladders. He also pointed out that there was not
sufficient width due to the parking space configuration, to get a fire truck to the rear of
the property.

1

�Ron Turnquist commented that the driveway gives the fire department accessibility to the
house in the rear. Members of the Board pointed out that the apparatus could not enter
the property if a car is parked in the first space.
Discussion ensued on where the present fire hydrant in front of the building should be
moved to.
Don Caetano commented that the plans should be reviewed again and discussed with the
fire department before coming back to the Planning Board.
Don Stever asked Mark DeGennaro if he had any information on drywells. He responded
that he did not have much information yet. Mr. DeGennaro questioned the accessibility to
the garbage collection area.
Miguel Jimenez commented that the original notice should have been for six units and not
four.
Don Caetano moved to call for a public hearing for February 19, 1998 seconded by Betsy
Sawyer Gaylin and carried.
Don Caetano moved, seconded by David Perlmutter that the Planning Board declare itself
lead agency, motion carried.
Other Business
David Perlmutter commented that he was not pleased with our planner, David Schiff. We
don't get any input from him, no written comments and he hardly attends any meetings.
Discussion ensued on the possibility of getting the planner back that the village used to
have.
The Building Inspector commented that part of the problem is that applicants come before
the Planning Board and they are not prepared. The Village planner should review the
applicants plans before they come before the Planning Board.
Discussion ensued on the recreation fees, the enforcement of the ten day rule, and whether
a building permit should be issued before recreation fees are paid, and the Village board
can waive the recreation fees or reduce them.
Discussion ensued on Antonio Rodrigues' application. Betsy Sawyer-Gaylin commented
that she met with John Hughes and Antonio but that they did not want to discuss the
matter.

2

�Don Stever commented that they need site plan approval before going ahead due to the
fact that the building came down completely and cannot be built as it was and the Zoning
Board gave him a ten foot variance which requires destruction of the front of the existing,
unlawful steel frame.
Don Caetano commented that he knows Antonio very well and he would like to speak to
him.
Donald Stever commented that he has written two letters to John Hughes to come in and
address the board with his concerns. He encouraged Mr. Caetano to go ahead and speak
to Antonio to see if he can get anywhere.
Mr. Perlmutter made the following motion:
Whereas, Antonio Rodrigues commenced construction of a two-story steel-frame
structure at 358 North Broadway without having first obtained site plan approval, as
required by Village Law;
Whereas, the steel frame presently existing at 358 North Broadway is in violation of the
Village of Sleepy Hollow Zoning Code, in that no site plan approval has been granted for
the development and the structure violates the mandatory setback requirements ffor the
district in which it is located, as modified by a variance granted by the Zoning Board of
Appeals;
Whereas, Mr. Rodrigues submitted an application for site plan approval in August, 1997
which was incomplete;
Whereas, the Planning Board requested Mr. Rodrigues on more than two occasions, both
orally at meetings, and in letters written to his attorney, to provide the Board with a traffic
study addressing pedestrian and vehicular traffic safety concerns associated with ingress
and egress to the proposed retail and office use parking lot onto Gordon Avenue, and
every entry onto North Broadway from Gordon Avenue, at the bottom of a hill at a
dangerous south turning location at which a traffic light is not feasible to be placed;
Whereas, in spite of such repeated requests, Mr. Rodrigues has failed to submit a traffic
study and has failed to appear before the Planning Board to pursue his application for Site
Plan Approval despite repeated requests to his attorney;
THEREFORE, the Planning Board of the Village of Sleepy Hollow hereby finds and
determines that:
1. The application of Antonio Rodrigues for Site Plan Approval for 3 58 North
Broadway has been abandoned and withdrawn, and further,

�2. That the existence of the partially constructed building at 358 North Broadway has
become an eyesore and a nuisance and that the partially completed structure, not being
in conformity with the laws of the Village of Sleepy Hollow, should be demolished
forthwith.
The Chairman moved that Mr. Perlmutter's motion be tabled until February 19, in viewof
the effort that will be made by Mr. Caetano to bring Mr. Rodrigues back before the
Planning Board. Mr. Perlmutter accepted the motion to table, which he seconded and
motion to table was unanimously adopted..
There being no further business, Mr. Perlmutter moved to adjourn the meeting, seconded
by Mr. Caetano and carried.

Respectfully submitted,
Ancelatveretl
Deputy Village Clerk

4

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                    <text>A regular meeting of the Planning Board was held on Thursday, March 19, 1998 at 8:00
PM in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present:

Donald Stever, Chairman
David Perlmutter
Donald Caetano
Edward McCarthy
Nicholas Cicchetti
Betsy Sawyer-Gaylin

Also Present:

Janet Gandolfo, Village Attorney
James Margotta, Building Inspector
Dan Pinella, Village Engineer
Shailesh Maik, Village Engineer
David Setoff, Village Planner

Absent:

Joanne Becker

Approval of Minutes
Nicholas Cicchetti moved, seconded by Edward McCarthy to approve the minutes of the
February 19, 1998 meeting with minor corrections, motion carried.
Miguel Jimenez-135-139 Cortlandt Street-Continuation
Ronald Turnquist, Architect, presented drawings and explained the changes that were
made in accordance with last month's meeting. There will be a small holding room
inside the building for the garbage. There will be fewer drywells and the underground
storm water distribution system will remain the same. The first two parking spaces to the
south of the building would be compact spaces and spaces #3 and #4 will be full size. As
per the Planning Consultant, the small isle was moved to make the fourth space larger.
Planting was moved from the one family house and a sidewalk was created. From the
building to the parking spaces is 19 feet, 6 inches. He stated that he spoke with Fire
Chief Gross and the Chief felt that there was adequate space for the fire trucks and
equipment. He stated that he could not guarantee that driver's would not park full size
cars in compact spaces.
Chairman Stever stated that compact spaces must be enforced for compact cars only.
Don Caetano stated that the Police could come in the parking area and ticket full size cars
in compact spaces.
Chairman Stever stated that the handicap handrail was supposed to be moved from the
curb to the building.
Ron Turnquist stated that the handrail would be attached to the building and will no
longer be free standing. The curb is a normal 6 inch curb.

�Janet Gandolfo, Village Attorney, asked whether the development included space for
recreation.
Mr. Turnquist stated there was no space devoted to recreation and questioned whether the
recreation fees could be waived.
Janet Gandolfo stated that the Planning Board does not have the right to wave recreation
fees. The fee is $1000 per parking space.
Don Caetano asked whether the Engineer's and Planner's fees had been paid, to which
Mr. Jimenez replied that all invoices had been paid.
Janet Gandolfo stated that it was not known if all the invoices have been submitted from
the Planning and Engineering firms. Once they have been submitted, then the escrow
account will be checked for its balance. A building permit will not be issued until the
fees are paid.
Dan Pinella, of Manganaro Associates, discussed main points from the memo that the
Engineering firm presented for the Planning Board. The drainage on site, drywell #2 is
distanced 20 feet from the building, the build up may cause seepage into the basement.
Drywell #2 is four feet deep and should be four feet deeper. He stated that there should
be provisions made to prevent soil erosion during the construction period. He also
questioned if the drawings were sealed.
Ron Turnquist stated that the drawings were sealed, in response to a question.
James Margotta, Building Inspector, stated that the drawings should be revised according
to the requests of the Planning Board and then sent to the Engineers.
Fire Chief Gross stated that he was satisfied that the fire trucks could come onto the
property. The house in the rear must come down before building permits were issued.
Chairman Stever questioned if Miguel Jimenez agreed with this condition.
Miguel Jimenez stated that he agreed with this condition.
Chairman Stever questioned if Miguel Jimenez agreed with the condition of creating a
fire lane in the alley, to address a concern raised by the Fire Department.
Miguel Jimenez stated that he agreed with the condition of turning the alley into a fire
lane.
The Board adopted a finding of no significant impact, on motion of Mr. Perlmutter,
seconded by Mr. Caetano. Mr. Perlmutter moved, seconded by Mr. Caetano that this
plan be approved subject to additional conditions, motion carried.

�Maria Graca-151 New Broadway-Preliminary Discussion
Chairman Stever stated that applicant requested that her plan be removed from the
agenda Neighbors of the applicant who had come to the meeting were allowed to
comment on this project.
Marie Clark, of 11 Crane Avenue, stated that her home is adjacent to the applicant's
property and that the applicant is bringing in a lot of dirty materials and storing them on
her property. She also voiced concern that there would be proper drainage once the
retaining wall is built and that this project has been going on for about a year. She also
stated that this project has stopped her from repairing her driveway and fence, which was
badly in need of repair
James Margotta stated that Ms. Graca has brought in blacktop and broken concrete that
has to be removed before she starts building.
Don Caetano questioned if she had railroad ties on her property. He stated that such ties
have a bad effect on the environment. The railroad tie and blacktop must be removed.
James Margotta stated that he did not speak to Mrs. Graca about railroad ties. He also
stated that the retaining wall would be 6 feet high and it would be moved 3 feet back
from the property line. He notified the builders that the materials must be removed.
Chairman Stever stated that the materials must be removed due to its effect on the
environment and the presence of construction debris on the site constituted an illegal
dump under DEC; Part 360 regulations.
Betsy Sawyer-Gaylin questioned if there were a time limit to when construction was to be
completed
James Margotta stated that she has a building permit for about a year, her permit may
have expired.
Chairman Stever adjourned this discussion and requested that the public return to next
month's meeting to discuss the issue when Ms. Graca would be present.
Other Business
David Perlmutter stated that he wanted to renew his motion from the January 15, 1998
meeting for Antonio Rodriguez and he read the motion from the January minutes.
Chairman Stever seconded the motion for discussion purposes only.
Chairman Stever stated that he sent a letter to the applicant's Attorney with a copy to Mr.
Rodrigues and had received no response.
Janet Gandolfo stated that Attorney Hughes had phoned her and stated that Mr.
Rodriguez would return to the April meeting. The Chairman stated that Mr. Rodriguez
had complied with the request and suggested Mr Perlmutter's motion be adjourned until

�the April meeting. Don Caetano stated that the compliance should be in writing and the
Chairman agreed with that David Schiff added that he knew that the traffic study had
been completed, but not submitted.
Commercial District-In-fill Development
David Schiff, Village Planner, discussed the memo which he presented to the Planning
Board with suggestions on the handling of In-Fill Housing Projects. Some suggestions
made were: Establishing multi-family use at a specified maximum density as a special
permit in the C-2 Zone; Creating an in-fill housing overlay zone; Rewriting C-2 district
regulations to explicitly permit in-fill housing at a higher density than currently allowed;
and Rezoning selected C-2 areas to an existing residential zone.
Mr Stever suggested that the way to deal with in-fill development in the older
commercial district is to develop an amendment to the zoning law that allows residential
development that exceeds the density restrictions and various area requirements by
Special Exception Use Permit. Such an amendment should set forth standards that the
Planning Board would apply. Mr. Stever felt that the Zoning Board of Appeals was not
the proper body to address such multiple variance cases, since they could usually not
meet the criteria for a variance. He offered to introduce such an amendment for
consideration by the Board of Trustees after he takes office as a Trustee.
Shailesh Naik questioned if anything was written in the Zoning Ordinance concerning the
slopes of driveways.
James Margotta stated that if a grade was changed 10 percent or more, the builder must
go before the Planning Board.
Chairman Stever stated that there was no maximum standard for driveway grade but this
could be brought up to the Board of Trustees, who could discuss it with the Zoning Board
members.
Nicholas Cicchetti questioned what was happening with the convenience store at the
Citgo station.
James Margotta stated that the owners went to court and the Judge told them to go before
the Zoning Board of Appeals for a use variance.
Chairman Stever questioned what was the owner's argument for hardship. This was not
known. He also stated that once/if the use variance was granted, by the Zoning Board of
Appeals, they would have to come before the Planning Board for parking site planning.
There being no further business, Betsy Sawyer-Gaylin moved to adjourn the meeting,
seconded by Don Caetano and carried.
Respectfully submitted,
Sheila Davis, Recording Clerk

�/

RESOLUTION
Adopted at the March 19,1998 Meeting
of the Village of Sleepy Hollow Planning Board

RESOLUTION:

SITE PLAN APPROVAL

.

PROPOSED:

New building with six apartments and two retail stores

OWNER:

Miguel Jimenez

LOCATION:

139 Cortlandt Street

TAXMAP
DESIGNATION:

Section 16, Block 9, Lot 3

.ZONING:

• . 0-2 Commercial .

WHEREAS, the Planning Board of the Village of Sleepy Hollow has reviewed an application
for site plan approval (the Application) pursuant to the Village Zoning Ordinance, Article Vm, Site
Plan review, and to applicable laws and regulations "considered pertinent to the Application, which
Application is for the construction of a new building containing six apartments and two retail stores;
and
WHEREAS, the Plarining B oard has reviewed the following materials:
1.

, Site plan application, undated, signed by Ronald Turnquist.

2.

Site planforthe subject site, dated 12/26/97 and revised 2/3/98 and 3/6/98, prepared
by Turnquist Architects.

,&gt;.

Full Environmental Assessment Form, dated 2/2/98, signed by Ronald Turnquist,
Architect.

4.

Coastal Assessment Form, dated 1/5/98, prepared by Ronald Turnquist, Architect.

5.

Review memoranda from David Schiff, AICP, Village Planner, dated 1/29/98 and
2/26/98 andfromCharles Manganaro Consulting Engineers, dated 1/15/98,2/19/98
and 3/18/98.

6.

Letter from Assistant Chief Richard Gross of the Sleepy Hollow Fire Department,
dated 1/15/9S; and

WHEREAS, the proposal was discussed by the Planning Board at public meetings held at the
Village HaJ] on April 17,1997 and January 15, February 19 and March 20,1998, at which times those
wishing to be heard were given the opportunity to be heard; and

\.

�WHEREAS, in the course of its review and acting as Lead Agency pursuant to Park 617 of
the Implementing Regulations pertaining to Article 8 of the Environmental Conservation Law, the
Planning Board has made the following findings and caused, noted or conducted the following
activities:
1.

.Received an application fee;

2.

Caused field inspections to be made of the property and the surrounding areas;

3.

Requested, received and considered comments from the, Village Planner, Village Engineering
Consultants, Building Inspector and Fire Department about the proposed project;

4.

Requested, received and reviewed a Full Environmental Assessment form (EAF) in
compliance with the New York State Environmental Quality Review Act (SEQRA) and a
Coastal Assessment Form;

5.

After review of thefieldconditions, public comments, recommendations and the EAF as well
as other items noted above, has determined that the proposed action is an Unlisted Action and
issued a Negative Declaration dated March 20, 1998 in which the Planning Board stated its
determination of non-significance of environmental impact for this Unlisted Action.

NOW, THEREFORE, BE IT RESOLVED that the said Application for site plan approval relative
to construction of a new building with six apartments and two retail stores as shown on the site plan
as revised March 3,1998 is hereby granted approval and that the Applicant may obtain the endorsed
approval of the Planning Board Chairman or as an alternate the Village Administrator, on a copy of
thi s resolution and upon the site plan drawings, as and when revised as necessary to show compliance
with the following conditions, which endorsement shall permit filing in the Office of the Village
Building Department for purposes of obtaining a building permit in accordance with this resolution
and all building code requirements, provided, however, that this approval shall expire one (1) year
after the datp. nf this resolution ifthe following modifications and conditions have not been completed
to the satisfaction of the Planning Board and the Applicant has not obtained the required building
permit or permits for construction in accordance with the approved plan (s):
1.

The Applicant shall pay the Village of Sleepy Hollow all application and review fees
as required by the Village Zoning Code, as approved by the village attorney.

2.

The Applicant shall pay recreation fees in the amount of $9,600, as required by
Section 62-341 of the Village Zoning Code and the Village Board of Trustees, prior
to issuance of a building permit.

3.

The owner of the building shall post and enforce the requirement that only compact
cars utilize spaces no. 1, 2, 5,6, 7, 8, and 9.

-L

Dry well no. 2 shall be located at least four feet deeper than shown on the site plan
so that it is lower than the finished floor of the basement in th&lt;s new building

Erosion control measures to be utilized during construction shall be detailed on the

�final plan drawings and shall be provided In accordance with Westchester County Best
Management Practices.
. 6,

The relocation of the fire hydrant, as shown on the site plan, shall be done at the
Applicant's expense.
~"w

1,

The existing house at the rear of the property shall be demolished prior to issuance
of a building permit.

8.

The owner has agreed to designate, and so mark on the fmal drawings, the driveway
on the north side of the building as a Are lane with no parking permitted.

P.

The owner will be required, prior to the issuance of a building permit, to submit to
the Village Attorney easements to befiledwith the Westchester County Cierk'a office
which would dedicate fm (5) parking spaces on the southerly lot for ths use of the
northerly lot,

BANNING BOAUD
VILLAGE OF SLEEPY HOLLOW
,.i.

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II

•

.Chairman.

S\N(s£rvv4.0\i&gt;i-720VRF-50lJUTl.3W^d

•"!

•

Date

•—

••*»

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                    <text>Tjllll*
A public hearing of the Planning Board was held on Thursday, February 19, 1998 at 8:00
PM in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present:

Donald Stever, Chairman
David Perlmutter
Donald Caetano
Edward McCarthy
Betsy Sawyer-Gaylin
Joanne Becker

Also Present: Janet Gandolfo, Village Attorney
James Margotta, Building Inspector
Arshad Jalil, Village Engineer
David Schiff, Village Planner
Absent.

Nicholas Cicchetti

Approval of Minutes
David Perlmutter moved, seconded by Betsy Sawyer-Gaylin to approve the minutes of the
January 15, 1998 meeting with minor corrections, motion carried.
Miguel Jimenez-135-139 Cortlandt Street-Continuation
Arshad Jalil, Village Engineer, commented that he received the plans on February 18,
1998 and did not have a chance to fully review them. He would review the plans and have
the information on them ready for next month's meeting.
David Schiff, Village Planner, commented that the off-site parking is in a commercial
parking lot. One of the parking spots is awkward for a driver to back out of He stated
that spots 1-4 are a very tight area. The spaces being 9 feet wide and 18 feet long are
good for parking lots but for parallel parking the spaces should be 22 feet long.
Donald Stever questioned the accessibility of the fire department to the rear of the
property
James Margotta, Building Inspector, commented that the building in the rear of the
property must come down before any permits were issued.
Ron Turnquist, Architect, pointed out on drawings which he presented that the meter in
the first parking space should be moved to the south of the egress of the property. It
would be brought down three feet. The landscape deleted on the existing house and a
concrete walk in added. Existing building brought down prior to construction for fire
fighting purposes in accordance with the Fire Chief.
Donald Stever asked the public if anyone wanted to address the board at this time because
this is a public hearing.

�There being no comments made by the public, the hearing continued.
Janet Gandolfo, Village Attorney, questioned will any parking spaces be lost if the meter
was moved.
Ron Turnquist commented one space would be gained on the street. The driveway egress
would be eliminated and moved to the north side, also the curb could be cut back for the
fire trucks. The fire hydrant could be moved three feet.
Arshad Jalil commented that it would be difficult for the fire department to get their
equipment on to the property.
James Margotta commented that the Fire Chief stated that he had met with Mr. Turnquist
and is satisfied that the fire trucks would be able to enter the property.
Don Caetano commented that there should be a dry run with a fire truck in the driveway
with measurements done.
James Margotta questioned the inability of drivers to park close to the sidewalk with the
handrail located in the middle of the plans.
Ron Turnquist stated the handrail could be removed if it would hinder passengers exiting
cars. The handrail was for handicap accessibility. The garden could be cut back two feet
in front of the one family dwelling so that it would be easier for vehicles to turn. Also full
size parking spaces could be changed to compact spaces.
Donald Stever commented if two of the full size spaces were changed to compact instead
of all seven spaces, then the code would be met.
Miguel Jimenez commented that 80 feet ladder trucks would be able to fight fires from the
street.
Donald Stever commented that the fire trucks must be able to get to the one family
building in the rear.
David Schiff questioned the lighting of the property and the parking area.
Ron Turnquist commented and showed by his plans that lights surround the buildings and
property. At this time the wattage of the lampposts have not been chosen.
Don Caetano questioned if Mr. Turnquist has moved the garbage disposal area from
beneath the stairs on his plans because this is a fire hazard.
Ron Turnquist commented that he has not come up with a definite disposal site.

�Don Caetano moved, seconded by David Perlmutter that this discussion be tabled and
brought up at the next meeting and that the fire department be present at that time, motion
carried.
Larry Rodriguez-97 College Avenue-Preliminary Discussion
Chairman Stever commented he has only received Plan #1. The other plans are not ready.
Ron Turnquist presented plans and gave an explanation that the existing building is a
warehouse and is 95% of the site. The building will be used for housing. There will be
five two-bedroom duplexes and one studio apartment for the handicapped with
handicapped entrance. There will be a walk up entrance in the front and the rear.
Apartments are fourteen feet wide. Numerous variances are needed, such as for density
and parking, and they would like to be referred to the Zoning Board of Appeals.
David SchifF commented that projects requiring multiple variances represent planning
policy issues and should be brought before the Planning and Village Boards and not the
Zoning Board of Appeals.
Donald Stever commented that two meetings ago the Planning Board decided that
projects requiring multiple variances would not be automatically referred to the Zoning
Board of Appeals. The question remains, which Board should be dealing with this type of
project.
Ron Turnquist commented that building walls need to be reinforced and it would be cost
efficient to knock down the building and rebuild on the vacant lot to avoid financial
hardship.
David Schiff commented that it would be difficult to provefinancialhardship to the
Zoning Board of Appeals. The Zoning Board of Appeals can state that the property is in a
C-2 zone, make it a commercial building.
Larry Rodriguez commented he purchased the property, which has been vacant for years,
and he wants to turn it into housing. He stated that he is bringing taxes into the village by
building housing and questioned if the multiple dwelling is not a viable idea then what
should he do with the property.
Don Caetano commented that Mr. Rodriguez is a great help to the village but this project
would cause more parking problems. Parking is the village's biggest problem. The village
should not have to suffer because Mr. Rodriguez does not have the space needed to
complete this project.
Donald Stever commented that a planning framework needs to be developed for this type
of project. He feels that building rehabilitation is a great idea. The question of this project

�is can density be reduced and not create a parking problem. He further explained that site
plan approval is to figure out how the project will affect its neighborhood.
Larry Rodriguez questioned if he will have to pay for this meeting. He stated that every
time he has plans reviewed he has to pay thousands of dollars and he is paying too much.
He questioned how can he reduce his cost.
Donald Stever commented that Mr. Rodriguez has submitted plans to be reviewed at this
preliminary hearing and must pay for this review. He explained that Mr. Rodriguez as
well as any builder may come to the Planning Board for an informal discussion before they
submit their plans. Furthermore, anyone submitting plans to be reviewed by the Planning
Board should consult the right people, such as Engineering and Planning Consultants,
prior to submission. These steps would cut down on costs.
James Margotta and Ron Tumquist agreed that Mr. Turnquist will come back for next
month's meeting and that Mr. Jimenez will be taken off of the Architectural Review Board
agenda until he has finished with the Planning Board.
Discussion was adjourned.
Other Business
Don Caetano commented that he spoke with Antonio Rodrigues, and he stated that he is
willing to extend to ten feet, not to twenty feet. Mr. Rodrigues has not come back to the
Planning Board to make a proposal.
Janet Gandolfo commented that Mr. Rodrigues did not file a lawsuit against the Planning
Board and she has spoken to him several times about returning to the Planning Board and
discussing his project.
David Perlmutter commented that Mr. Rodrigues should be cited for having an eyesore if
he does not return to the Planning Board.
Don Caetano motioned, seconded by Mr. Perlmutter that Mr. Stever write a letter to Mr.
Rodrigues suggesting that he come back to the Planning Board and resolve the discussion
on his project. Mr. Stever commented that Mr. Rodrigues must come back with a traffic
study done.
Mr. Margotta commented that Mr. Turnquist never gives all the information to his clients
at one time and they have to continually return to the Planning Board for their site plans to
be reviewed and that is when their bill begins adding up.
There being no further business, Mr. Stever moved to adjourn the meeting, seconded by
Mr. Perlmutter and carried.
Respectfully submitted,

!

�Sheila Davis
Recording Clerk

�FEB-18-1998

SACCARDI &amp; SCHIFF

12=49

914 761 3759

P.02/02

Saccardi &amp; Schiff, Inc.

Planning and
Development
Consultants

245 Main Street
While Plains
New York 10601
Tel: 914-761-3582
FAX: 914-761-3759

MEMORANDUM
DATE:

Fcbruaiy 17,1998

TO:

Village of Sleepy Hollow Planning Board

FROM:

David Schiff

RE:

97 College Avenue

John J. Saccardi, AICP
David B. Schrff. AJCR PP
Syrette Oytn, AICP
Josn A. Moreinis. AiCP
Marjorie Sam tftjs, AICP, PP
David B Smith, AICP
Margaret H. Utile, AICP
Sontta J. Von Oftlsen, RLA

I have reviewed the submission by Turnquist Architects relative to the conversion a
vacant warehouse at 97 College Avenue to six dwelling units, through the addition
of two additional stories. The applicant has noted that numerous variances are
required, and is seeking a referral to the Zoning Board of Appeals.

Csaba Terjtas. AICP

Although variances do not fall within the purview of the Planning Board, it should be
noted that the proposed housing would require very extensive variances, much more
than a ZB A normally would or should consider. For example, the ordinance requires
a minimum of 5,000 square feet of lot area for the first three units in a multi-family
building in the C-2 district; the subject lot is only 4,022 square feet. For the proposed
six units, 9,400 square feet would be required, more than double the existing lot area.
Moreover, the proposal would greatly enlarge what is a dimensionally nonconforming use, and would also require a variance from the requirements of Section
62-25.

Coosutunt

There have recently been a number of proposals before the Planning Board which
would create multiple dwelling on in-fill lots; all of these proposals require significant
variances. Although the provision of additional housing of this type may meet a
village goal, it is happening outside the village's planning policy as established in its
zoning ordinance.
It would be desirable for the village to consider whether or not it wishes to explicitly
alter its zoning to accommodate additional housing. If not, the question of how to
limit such developments should be discussed.

*\N«tfviei4.0\m-720\Sl&lt;ajjy Hollow Memo l.wp4

Land Development
Comprehensive Planning
l ^ R t a t e Economics
ErWnmenial Sen/ices
Housing
Community Development

TOTAL P.02

�C H A R L E S A. M A N G A N A R O
C O N S U L T I N G
E N G I N E E R S
A PROFESSIONAL CORPORATION

MEMORANDUM
TO:

Village Planning Board &amp; Building Inspector
Village of Sleepy Hollow, New York

FROM:

Arshad Jalil, P.E., Project Manager
Charles A. Manganaro Consulting Engineers, P.C.

DATE:

February 19, 1998

RE:

Multiple Family Residence - Larry Rodriquez
97 College Avenue
Sleepy Hollow, New York
CAMCE No. 800-44

We have reviewed a Preliminary Site Plan, a short EAF-SEQR document and a copy of the
Planning Board Application. Final set of plans and supporting computations as indicated in the
check-list document should be submitted for the Village review. Based on the location, nature
and size of the project, we also suggest that the Board request for a full EAF-SEQR document
submission.
As discussed with the Building Department, it is the Developer's intent to initially present the
project and it's concept to the Board during tonight's meeting. Detailed set of documents will
be submitted later for the Village review.
R:\SECRTAR YVA\VSK\a00-44VAJ02198M.BDI

�02/19/1993

10:58

C A MC E

2013420790

C H A R L E S A.
C O N S U L T I N G

PAGE

03

M A N G A N A R O
E N G I N E E R S
A PROFESSIONAL CORPORATION

MEMORANDUM
TO:

Village Planning Board &amp; Building Inspector
Village of Sleepy Hollow, New York

FROM:

Arshad Jalil, P.E., Project Manager
Diaries A. Manganaro Consulting Engineers, PC.

DATE:

February 19, 1998

RE:

Multiple Dwelling &amp; Retail - Miguel Jimenez
139 Cortland Street
Sleepy Hollow, New York
CAMCE No. 800-41

Based on the last Board meeting, it was made clear by the Developer's Architect that a more
detailed submission of documents including hydraulic computations will be submitted for the
Village Review. In this connection, a review memorandum was submitted to the Architect by
us on January 15, 1998.
On February 17, 1998, later in the day we received a facsimile submittal of hydraulic/drainage
calculations from the Developer's Engineer. Our completed review of these documents and
recommendations will be made available to the Board prior to the next Board meeting.
R:\SeCHTARY\AW5HW0-H\AJn2l9IMBDl

�•^

%'

Saccardi &amp; Schiff, Inc.

Planning and
Development
Consultants

245 Main Street
White Plains
New York 10601
Tel: 914-761-3582
FAX: 914-761-3759

John J, Saccardi, AICP
David B. Schiff, AICP, PP
Syrette Dym, AICP
Josh A. Moreinis, AICP
Marione Samuels, AICP, PP
David 8. Smith, AICP
Margaret H. Uhle. AICP
Bonita J. Von Ohlsen, RLA

MEMORANDUM
DATE:

January 29, 1998

TO:

Village of Sleepy Hollow Planning Board

FROM:

David B. Schiff, AICP

RE:

139 Cortlandt Street, Miguel Jimenez

I have reviewed the site plan for the above referenced property dated December 26,
1997, and the supporting Coastal Assessment Form, dated January 5, 1998, both
prepared by Arnold Turnquist, Architect. Following are my observations regarding
this application.

Csaba Teglas, AICP
Consultant

The EAF short form submitted with the application to the ZBA does not
indicate the neeed for site plan approval and refers to only one lot rather than
two. This should be corrected
2.

I do not have information regarding a lead agency determination and level of
significance determination under SEQRA.

3.

This review is based on my understanding that the Zoning Board of Appeals
has granted the applicant a services of variances regarding minimum lot size,
required front yard and other factors.

4.

The plan shows all or part of six of the required spaces located on the
southerly lot containing two existing single family houses. Section 62-14 B(4)
of the Zoning Ordinance provides for off-street parking in a commercial or
industrial district to be located on a lot other than the principal use to which
it is accessory, subject to approval by the ZBA and subject to conditions
described in Article VI, Supplementary Regulations Applicable to Specific
Uses; Section 62-21 Off-site parking area. The most significant condition
relative to the subject application is:
C.

Land Development
Comprehensive Planning
^ ^ E s t a t e Economics
Environmental Services
Housing
Community Development

A

Safety and neighborhood impact. An off-site parking
area shall be conveniently usable without causing
hazard to pedestrians or to vehicular traffic; traffic
congestion, such as due to turning movements;
detriment to the appropriate use of other property in
the immediate vicinity; or detriment to any residential
neighborhood.

�Village of Sleepy Hollow Planning Board
January 29, 1998
Page 2.

Although the parking is in a C-2 commercial district, it would be located on a residential lot,
in close proximity to two houses, raising questions relative to potential "detriment to any
residential neighborhood." In particular, the house at the rear of the lot would be situated so
that it adjoins a substantial paved area.
The parking arrangement would also require legal agreements providing for access between
the lots, presumably some sort of easement. This should be referred to the Village Attorney
along with the question of how to legally record the fact that required parking for a use is
located on the adjacent lot.
5.

The parking area design itself raises several questions.
a.

It appears that a vehicle backing out of space 17 would need to back down the
entrance driveway in order to make the turn necessary to drive around the rear of the
apartment building. This would make for awkward movements.

b.

Spaces 1,2 and 3 are indicated as 9' wide. The drawing, however, is unclear as to
what is proposed between the spaces and the sidewalk,. Thus, it cannot be verified
that 9' has been provided. Moreover, cars parked in spaces 2 and 3 could conflict
with safe usage of the pedestrian entrance to the building. (Note that the Side-South
elevation does not appear to accurately depict where cars would be parked relative
to the entry walk).

6.

As indicated on the Side-North elevation, the windows of the first floor apartment would be
located very low to the ground, immediately adjacent to the exit driveway.

7.

A general comment on the Village's off-street parking requirement: it is unusual, and
apparently illogical, for a one bedroom apartment to have to provide 1.5 spaces and a two
bedroom apartment 2 spaces while a single family house is required to have only 1 space.

S.

Additional information (i.e., a landscaping and lighting plan) is needed to evaluate the impact
of the mixed use development on the residential units. This is particularly important due to
the high density of the proposed and existing uses.

\\Ntserver4.0\m-720\l39CortlandtStwpd

�VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD
February 21, 1998
John J. Hughes, Jr., Attorney at Law
49 Beekman Avenue
Sleepy Hollow, New York 10591
Re:

Antonio Rodgrigues — 358 North Broadway

Dear Mr. Hugjies:
At its regular meeting on February 19,1998, die Planning Board requested that I
communicate with you concerning the status of Antonio Rodrigues's application for site
plan approval. At the present time, it appears that the application has been abandoned. The
Board continues to believe that a site plan that accommodates both the Village's interests
and Antonio's needs can easily be worked out However, in order for that to occur, Antonio
has to come back to the Board with an acceptable traffic study that addresses the use of the
Gordon Avenue as the sole means of ingress and egress from the project onto Broadway. I
believe that the Board will be willing to make reasonable accommodation on the footprint of
the building and its relation to Broadway, in ligjit of the situation in which Mr. Rodrigues has
been put. For his part, Antonio will also need to be a little flexible as well. The construction
season is nearing, and we do not want the unfinished structure to remain on the site in its
present condition much longer.
The Board also asked me to bring to your attention a pending motion, reflected in
the minutes of the January 18 meeting, which has been tabled until the March meeting. The
motion declares the application to have been withdrawn and requests the Village Attorney to
take immediate steps to seek demolition of the steel frame, which was erected without prior
site plan approval. Obviously, the Board is not enthusiastic about having to proceed in this
manner, and remains optimistic that, without significant design modification, an acceptable
site plan can be approved. If you are unable, for scheduling or other reasons, to appear at
the March meeting, the Board would appreciate a written indication of Mr. Rodrigues's
willingness to come before the Board at the earliest possible date thereafter to move the
application forward.

Very truly yours,

Donald W. Stever
Chairman
Cc: Planning Board Clerk
Antonio Rodrigues

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                    <text>RESOLUTION
Adopted at the April 15,1998 Meeting
of the Village of Sleepy Hollow Planning Board
RESOLUTION:

SPECIAL PERMIT AND SITE PLAN APPROVAL
PROPOSED:

Co-locate a communication facility on an existing 110
foot Bell Atlantic monopole

APPLICANT:

Nextel of New York, Inc.

LOCATION:

Phelps Memorial Hospital Center
701 North Broadway

TAX MAP
DESIGNATION:

Section 11, Block 01, Lot 3.A. 1M

ZONING:

H, Hospital

WHEREAS, the Planning Board of the Village of SLEEPY HOLLOW has reviewed an
application for special permit and site plan approval (the Application) pursuant to the Village Zoning
Ordinance Article VIII, Site Plan review Section 62-22.2 of Article VI of the Village Zoning
Ordinance, regulating communication facilities, and to applicable laws and regulations considered
pertinent to the Application, which Application is for the co-location of a communication facility
consisting of twelve small panel antennas attached to an approved 110 foot monopole together with
related equipment at the base thereof for wireless communications; and
WHEREAS, the Planning Board has reviewed the following materials.
1.

A site plan application, dated 1/29/99, signed by Robert Gaudioso.

2.

A site plan, dated 12/23/98, last revised 3/3/99, prepared by Edwards and Kelcey
Wireless, LLC and signed by Richard Tangel, P.E.

3.

Long Environmental Assessment Form, dated 1/29/99, signed by Robert Gaudioso,
as attorney for the applicant, and including a Coastal Assessment Form.

4.

Visual Analyses prepared by Creative Visuals and Virtually Real, Inc., dated January
1999.

5.

Analysis of the radio frequency environment, prepared by Wireless &amp; Optical
Technologies Safety Department Bell Laboratories, dated January 22, 1999.

6.

An affidavit from Nextel's radiofrequencyengineer regarding the necessity of the
facility to provide coverage to a portion of the Village which currently has inadequate
coverage.

�Nextel of New York, Inc. Resolution
Adopted: April 15, 1999
Page 2
7.

Memorandum in Support of Special Permit Application, dated February 2,1999 with
exhibits.

8.

Letters from:
Phelps Memorial Hospital Center, 3/5/98
Westchester County Planning Board, 3/17/98

WHEREAS, the proposal was discussed by the Planning Board at a public meeting held at
the Village Hall on February 18, in addition to a public hearing held on March 18 , 1999, at which
times those wishing to be heard were given the opportunity to be heard; and
WHEREAS, in the course of its review and acting as Lead Agency pursuant to Park 617 of
the Implementing Regulations pertaining to Article 8 of the Environmental Conservation Law, the
Planning Board has made the following findings and caused, noted or conducted the following
activities:
1.

Received an application fee;

2.

Requested, received and considered comments from the Village Planning and Engineering
Consultants and the Building Inspector about the proposed project;

3.

Requested, received and reviewed a Long Environmental Assessment form (EAF) in
compliance with the New York State Environmental Quality Review Act (SEQRA);

4.

After review of the field conditions, public comments, recommendations and the EAF as well
as other items noted above, has determined that the proposed action is an Unlisted Action and
issued a Negative Declaration dated March 18,1999 in which the Planning Board stated its
determination of non-significance of environmental impact for this Unlisted Action subject to
the conditions contained in this resolution.

NOW, THEREFORE, BE IT RESOLVED that the said Application for special permit and site plan
approval relative to the co-location of a communications facility consisting of a panel of antennas
attached to the approved 110 foot monopole with related equipment at the base thereof on the
grounds of Phelps Memorial Hospital Center for wireless communications, in accordance with the
site plan as last revised 3/3/99, is hereby granted approval and that the Applicant may obtain the
endorsed approval of the Planning Board Chairman on a copy of this resolution and upon the site plan
drawings, as and when revised as necessary to show compliance with the following conditions, which
endorsement shall permit filing in the Office of the Village Building Department for purposes of
obtaining a building permit in accordance with this resolution and all building code requirements,
provided, however, that this approval shall expire one (1) year after the date of this resolution if the
following modifications and conditions have not been completed to the satisfaction of the Planning
Board and the Applicant has not obtained the required building permit or permits for construction
in accordance with the approved plan (s):

�Nextel of New York, Inc. Resolution
Adopted: April IS, 1999
Page 3
1.

The Applicant shall pay the Village of Sleepy Hollow all application review feet as
noted and required in Section 62-30 (f) of the Village Zoning Code, aa approved by
the village attorney.

2.

No signs other than those required by governmental regulations shall be installed on
the facility.

3.

No exterior lights other than those require by governmental regulations or otherwise
for safety shall be installed on or around the facility.

4.

The site plan indicated that only one tree will be removed from the site and that tree
is in fact already dead.

5.

Installation of any additional antennas on the facility shall require new approvals from
the Village of Sleepy Hollow.

PLANNING BOARD
VILLAGE OF SLEEPYflOLLOW

flUy 3 A W
Nicholas Robinson, Chairman

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                    <text>A regular meeting of the Planning Board was held on April 16,1998 at 8;00 VU in Village Hall, 28
Beekman Avenue, Sleepy Hollow, New York 10591
Ivliiv.berc Present: 2\Tiehoiac Robinson, Chairman

Edward Napoleon
Nicholas Cicchetii
Benito Martinez
David Perlmutter
Edward McCarthy
Betsy Sawyer Gaylin
Also Presenc:

Jame* Margotta, Building Inspector
Janet Gandoifo, Village Attorney

Janet Gandoifo swore in the Chairman and the three new Planning Board members.

In the matter of Maria Graca, 143 New Broadway
Applicant nor a representative was present. She will be advised that she is now required to re-notice the
Public Hearing with a new date.. There was no objection by the Board. So ordered by the Chairman.

In the matter of Antonio Rodriguez, 358 North Broadivay (continuation)

The applicant was present and represented by his attorney, John Hughes. The proposed plan
was submitted to be read into the record.
Louis Contadino, the project architect, gave an overview of the project to bring the new
Board members up to date.
Mr. Cicchetti asked if the passageway beside the building would be large enough for a car to
go through. Mr. Contadino explained there was no room for vehicle or pedestrian traffic to
pass there. The earth will be held back by the back wall.
The Chairman asked how the retail stores would get their stock in and out, if there would be
a loading dock or something similar. Mr. Contadino stated that he believed that was one of
the variances granted. Mr. Hughes expressed the fact that the Zoning Board waived that
variance attributable to two factors: 1) The general tightness of the spot. 2) The type of uses
uhich are envisioned, which are office and retail, which would not involve a heavy type of
delivery, (eg. Real estate, insurance, a bank, as opposed to a grocer}' store)
M Perlmulter stated that a grocery store could rent it under the zoning. Mr. Margotta
explained tha: they would need a variance. Mr. Perlmutter questioned why they would need
a variance. Mi Margotta explained that we have a code that requires that if you 're within
200 feet of an«. iher grocery store, liquor store or any food service store, you require a
variance
i
Mr. Perlmutter stated that a hardware itou could rent it. Mr. Margotta agreed.
Mr. Perlmutter expressed ihat there has bo«.». lengthy discussion. This building went up in
the middle of the night, and there has been Significant discussion about the builder setting the

�building back another ten feet. The builder refuses to set it back another ten feet. Mr, Hughes
explained the reason for that is historically and for purposes of zoning and planning. 1) We
did receive a variance for the building to be set back ten feetfromthe property line and we
spent two or three mouths obtaining the variance. 2)We have not heard any Planning reason
relating to the heath, welfare and safety of the residents of the community why this building
wouldn't be just tine where it is right now.
Mr. Perlmutter asked about the building being ugly and massive as a reason. Mr. Hughes
disagreed and stated that they view that as a decision for the Architectural Review Board to
possibly consider, that he doesn't feel that ugly and massive is an issue for the Planning
Board to consider. Mr. Hughes stated that they view the building as being very beautiful.
Mr. Perlmutter asked how many feet was lost in the front. Mr. Hughes stated the building is
80 feet wide by 20 foot deep, so that's 1600 square feet on the both floors.
Mr. Perlmutter asked how many feet was added. Mr. Contadino stated a bit more. Mr.
Perlmutter asked precisely how many more. Mr. Contadino replied maybe 2400. Mr.
Margotta points out that all of that complies with the zoning and that the building as it is
now is not oversized as compared to the size of the property they have and that it meets with
the zoning ordinance and that the Zoning Board did give them compliance, Mr. Perlmutter
stated that this is not binding on the Planning Board, then asked Ms. Gandolfo if it is binding
or not Ms. Gandolfo pointed out that a variance is different than a site plan review. The
Planning Board has the jurisdiction and authority over the entire site plan review, so if mere
rue reasons that pertain to the health, welfare, et cetera, of the site where the Planning Board
doesn't necessarily agree with the Zoning Board, no, the Zoning Board's decisions are not
binding, but the Planning Board does have to put forth references why they would not accept
the Zoning Board's decision., and it has to be reasonable and a record has to be made why the
Planning Board would not accept the Zoning Board's decision.
The Chairman questioned the fact that there was a request for the other building, which is in
abeyance at present, there were some approvals that were lapsed and there was a request for
a continuance, and this board has decided not to act on that yet. Mr. Hughes stated that there
is some confusion. The plan was called Phillips Plaza and it was approved by resolution of
this board on February 16U1. Under the code, those resolutions expire one year if a building
permit was not applied for and acted upon, and that time period went by. The reason it went
b&gt; was because Mi* Hughes' client is a very busy person and also this building burned,
which sidetracked him from pursuing the Phillips Plaza. They had requested an extension to
that resolution at the November meeting and there is somewhat of a bit of confusion as to
what that outcome was.
Mr. Hughes stated that they are here tonight to first ask that this building be approved, and
that's the primary issue before the Board tonight in terms of a continuance of the Public
Hearing, and perhaps a secondary, to ask that the Phillips Plaza be extended, which is a
matter of routine nature in the Village of Sleepy Hollow
The Chairman explained the reason he asked about Phillips Plaza is because clearly these
two h:i\e sonic relationship between them.

�I'he Chairman asked if there was access from the north side of the building, the parking lots,
through the access for Phillips Plaza. Mr. Contadino concurred.
The Chairman referred to the plans and asked if the access occurs at one point or on Old
Broadway. Mr. Contadino stated that there is one curb cut here and one on Old Broadway.
The Chairman inquires if those two curb cuts were part of the traffic study. The reply was
that the worst case scenario they would assume, everyone would enter or exit on Gordon
Avenue., which loads up Gordon Avenue to see if traffic operating conditions are available.
1 lie Chairman asked where would the relationship to the curb cut be to Uncle Jerry's curb
cut now. and where is it proposed that it be. Ms. Gandolfo stated that that building is
coming down. The chairman expressed that he has knowledge of tiiat, but they arc saying
they are going to keep the same driveway. Mr. Contadino stated this is nondescript and that
so far '.he seven cai s can park very much the way people are parking.
I he Chairman asked if Pliillips Plaza is gomg to be retail or other use Mr. Contadino
explained that it will be mixed uses also. Ms. Gandolfo stated that Phillips Plaza is a mixed
u-ic ieti.nl.

The Chairman asked Mr Hughes what timetable he is looking for in terms of moving
forward and stated that the DOT will take their time to review this. Mr. Hughes stated that
they cannot go to any other agency without the approval of this Board, and of course the
ne^essaiy condition is the approval of any other agencies, but the Planning Board is
definitely fust There is no sense in going to any other agencies absent the approval of this
Buaici. and that that's what they would like to do. Mr. Hughes stated he doesn't know how
long he wiii need because he has no idea how long it will take to get the approval of the
other agencies
The Cliainnan addressed the board, asking if mere were any other questions from the
Planning Board for the consultants mat were present or anyonefromthe Village staff.
Mr. Margctta stated with regard to the engineering study, n was reviewed by Manganaro,
but unfoitunateiy the men who reviewed it were not here. The fire suppression system,
•.{'jiijcitic water, sewage, are ali more than adequate and they present no problem.
"x he Ciiainiian asked if the engineers iooked at the lateral support in the retaining walls all
.".long the side Mr. Hughes replied yes.
The Chairman asked if there is a report to that affect that was previously submitted. Mr.
Hughes replied'yes and presented a letterfromMr. Gus Agostino Casey. The letter was
,..om:t:ed ^::d the ii:ah parugiaph was&gt; read to the Board.
The Chu.niiviii requested a report on the lateral support on the hillside and asked if the
.•^inccAi L.k\ J iJoked .it that aspwCt. Mr Hughes replied that Agostiuo Engineering has

�already designed the retaining wall and believes they have given it to Manganaro for their
review. Mr. Hughes stated as far a4s he knows, they found it to be satisfactory.
Ms.Gandolfo advised that it is always a condition in any plan that the event wall building
plans be submitted to the engineers and must be approved by the engineers before the work is
commenced, that would be a condition or resolution always. Hiey did submit to Manganaro.
Mr. Schmidt commented on the cycle of the rights at the location.
The Chairman asked how the cycle of the traffic lights affects the traffic offof Historic
Hudson Valley that would trigger changes in the intersection. Mr. Schmidt explained there
is a maximum green tune for Pocantico Street of 55 seconds, a maximum green time for
Phillipsburg Manor of 10 to 15 seconds, and the remainder of the time is given to Broadway.
that in fact this phase doesn't come on unless there is a car there, so basically the length
doesn't change, just how much time is apportioned.
The Chairman asked about the Coastal Assessment Form. The Board reviewed the EIS with
Mr. Hughes, which was incorporated or attached as part of the site plan.
The Board asked if there were existing storm drains. Mr. Hughes replied that there are.
Mr. Cicchelti stated that the grates below the trees which are lined to the curb, on the
October 16^ letterfromMr. Schmidt they wanted the plan to indicate that those grates were
being placed under those. Mr. Contadino replied that the latest drawings should have that
indicated on them, they did both design or select light fixture* as well as the grates for the
sidewalk.
The Chairman asked iffromMr. Schmidt's point of view the form is complete regarding the
lead agency. Mr. Schmidt replied that the EIS was submitted and has been revised pursuant
to the criticisms he received.
The Chairman asked Mr. Schmidt to comment on the completeness of the EIS Form. Mr.
Schmidt reviewed the EIS Form with the Board.
The Chairman asked Mr. Rodriguez if he had any comments or questions. Mr. Rodriguez
replied no.
The Chairman requested public comment or questions and pointed out there were no other
members of the public present.
The Chairman asked Mr. Hughes if he had any other comments. Mr. Hughes stated no, that
he believed their submission was about complete at this time, with a few minor
housekeeping details, and stated it is of course subject, as always in a resolution, that the
Building Department will review this and the Village Engineer will review it in more detail.
Naturally the Architectural Review Board will review the character of the building from an
aesthetic and architectural point of view.

�Mr. Hughes asks, with those normal conditions, for the Board's determination that the
submission is complete and for approval so they can move on.
A motion was mads to close the public hearing, motion carried.
A discussion ensued.
Motion granted unanimously.
Motion made by Mr. Cicchetci to grant approval, seconded by Ms. Sawyer. All voted
unanimously in favor. Motion granted.
Floor open to discussion for Planning Board Members to discuss how they should proceed at
this time regarding a full EIS.
Mr. Perhnutter made a motion to reaffirm that the Planning Board is lead agency and to
make that declaration, seconded by Mr. McCarthy. Motion granted unanimously.
Discussion ensued regarding whether to make a positive declaration.
Motion made by Mr. Perl/muter to go ahead in terms of SICAto accept the EIS with
negative declaration on the conditions that the Board will then discuss, so it would be a
conditional negative declaration, and then approval would be based on that condition,
seconded by Mr. McCarthy. Motion granted.
Discussion ensued regarding the driveway on Gordon Avenue.
Motion made by Mr. Perhnutter to cut the driveway on Gordon avenue back an additional
five feet., in addition to the .10 feet the SBA allowed, seconded by Ms. Sawyer. Motion
failed.
Discussion ensued regarding accepting the EIS as complete,
Motion made by Mr. Napoleon to accept the EIS as complete for negative declaration,
seconded by Mr. McCarthy. Motion granted.
Discussion ensued regarding renewal of Phillips Pla2a.
Motion made by Mr. Perlnumer to not approve the renewal of Phillips Plaza, and the
application has to come back to the Board as a new application, seconded by Mr. Napoleon.
Motion granted unanimously.
There being no further business, Mr. Cicchetti ma*.'* a motion to adjourn the meeting of the
Planning Board, seconded by Ms. Sawyer,

RespediiiHy $u bmitfed,

�&amp;jppr&gt; r v

19 May 1998

To:

Planning Board

From:

James Margotta

THE PLANNING BOARD MEETING SCHEDULED FOR MAY 21, 1998
HAS BEEN CANCELLED FOR IHE FOLLOWING REASONS:
(SEE ATTACHED)

Eric,

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                    <text>A regular meeting of the Planning Board was held on Thursday, June 18, 1998 at 8:00 PM
in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present:

Nicholas Cicchetti- Acting Chairman
Betsy Sawyer-Gaylin
Edward Napoleon
Edward McCarthy

Also Present:

Janet Gandolfo, Village Attorney
David Schiff-Planning Consultant
James Margotta
Dan Pennella,, Consulting Engineer

Absent:

David Perlmutter
Nicholas Robinson
Benito Martinez

In the absence of the Chairman, Nicholas Cicchetti called the meeting to order at 8:15 PM.
Maria Graca. 143 New Broadwav-Site Plan Approval
This matter was put over from last month. Ms. Graca is requesting site plan approval for
a retaining wall in the back of her property.
Members of the Board reviewed the site plan.
The attached report from Charles A. Manganaro, Consulting Engineers, stated that there
is a drainage problem on that property and Mr. Pennella commented that a dry well should
be installed for proper drainage.
Much discussion ensued between Ms. Graca and the Village Engineer regarding this
problem. They suggested she discuss this further with her own engineers.
Discussion ensued between Ms. Graca and the Board members.
There were no comments from the public.
Ms. Gaylin moved, seconded by Mr. Napoleon that site plan be approved conditionally
not requiring Ms. Graca to return to the next meeting, provided that our Engineer finds
the changes acceptable and in accordance with that information, motion carried.
Janet Gandolfo commented that if there is any issue outstanding, Ms. Graca must come
back to the next month's meeting to resolve the issue.
Danfor Realty Co. 4 Fremont Rd.- Lot Line Adjustment
Andrew Fiore, representing the owner of the above address presented the Board with
plans for a lot line adjustment on that property in order to create a second lot and for more
privacy, also for access from Fremont Road.

1

I

�He commented that they are also presenting their plans to the Sleepy Hollow Taxpayers
Association for their approval.
David SchirT, Planning Consultant presented his memo regarding his suggestions, (copy of
memo is attached)
Discussion ensued on whether or not he should go before the Zoning Board at this time.
Village Attorney commented that the Zoning Board should give the interpretation as to
whether or not a variance is needed for the lot line and whether or not they want to grant
the variance. She commented that if the Zoning Board gives the applicant approval, there
is no need to return to the Planning Board.
New York SMS A Limited Partngrship-701 N. Broadway-Site Plan Approval for
Wireless Public Utility Installation
Seth Mandelbaum, Attorney for the law firm of Snyder &amp; Snyder stated they want referral
to the Zoning Board for a use variance and two area variances and want to set up a Public
Hearing for the next Planning Board. The proposed wireless public utility installation
would consist of a 110 foot monopole with panel antennae and related equipment. They
would like to put this into a wooded grove of trees on the Phelps property.
He commented that the/ are before this Board tonight to request a referral to the Zoning
Board for required variances as well as setting of a public hearing for the next Planning
Board meeting.
Mr. Mandelbaum commented that revised plans will be submitted to the Planning Board.
David SchirT commented that the Board needs a map of the hospital property to show the
exact site.
The Engineer for SMS A showed drawings of the proposal, but David SchirT commented
that larger, clearer drawings are needed.
After much discussion, Ed Napoleon moved that it is the intent of the Planning Board to
declare themselves as lead agency, seconded by Ed McCarthy and carried.
Since there is no Zoning Board meeting in August, the representatives of SMS A requested
that they go before the Zoning Board and Planning Boards in July.
Janet Gandolfo stated that they must fully understand that even if the Zoning Board which
meets on July 15th gives approval for the variance, the Planning Board which meets on
July 16th is under no obligation to accept any approvals given by the Zoning Board.
They commented that they fully understood and would take that chance.

�Antonio Rodrigues-Philipse Plaza-Renew Site Plan Approval-358 -362 N. Broadway
John Hughes, Attorney representing Mr. Rodrigues states that in February 1996 variances
were approved. His client was not able to start building this Plaza due to the fact that
another building owned by him burned down and he was occupied with that. Since the
time limit has passed, Mr. Hughes commented that they are seeking reapproval of the
original variances that were granted in 1996. His client has appeared before the
Boards numerous times in the past year and is very anxious to move forward.
Brief discussion ensued.
Janet Gandolfo stated that the address should be designated as 358-362 North Broadway
for the whole parcel.
Ed Napoleon moved that the attached resolution for 358 N. Broadway be approved,
seconded by Betsy-Sawyer Gaylin and motion carried.
Ed Napoleon moved, seconded by Ed McCarthy that the resolution for the renewal of the
site plan for Philipse Plaza be approved, motion carried.
Wavne Jeffers-Headless Horseman Garage-410 N. Broadway-Renew Site Plan Approval
John Hughes, Attorney representing Wayne JefFers gave a brief background commenting
that in 1990 Mr. Jeffers received site plan approval but forfinancialreasons could not
move forward.
Mr. Badali, Architect, commented that Mr. Jeffers received variances for a restaurant/deli
at the gas station but has not found a tenant yet and would like to extend the approval for
mixed use. The Zoning Board has given them approval. He showed drawings for parking
spaces, landscaping, etc.
Discussion ensued among the Board members and Ms. Gaylin moved, seconded by Mr.
Napoleon that the Board would like to review the plans and this should be continued at
the next meeting in July, motion carried.
There being no further business, Mr. McCarthy moved to close the meeting, seconded by
Ms. Gaylin and carried.
Respectfully submitted,

Angela Everett
Village Clerk

3

�JUN-13-1?9S

SACCARDI Z SCHIFF

13:50

914 761 3759

P.02/G2

Saccardi &amp; Schiff, Inc.

Planning anij
Development
Consultants

245 Mam Street
White Plains
New Yort 10601
Tel; 914-761-3582
FA* 914-761-3759

John J Saccardi, AJCP
David B. Schiff, AlCP, P?
Syrette Oym. AICP
Josn A Moremis, AJCP
Mariorie Samuels. AlCP. PP
Oav.d 8. Sm.'tft. AICP
viargara! H. Uhle, AiCP
3onitaJ Vgn Ohlsen, RLA
Isaba Teglas, AICP

MEMORANDUM
DATE:

June 11, 1998

TO*

Village of Sleepy Hollow Planning Board

FROM:

David Schiff, AICP

RE:

Danfor Realty Co., 4 Fremont Rd.

I have reviewed the application of Danfor Realty Co. for a tot line adjustment on the
property at 4 Fremont Road. The property is 1.57 acres, divided between two lots,
and contains a single family house. It is zoned R-2A Residential, which requires a
minimum lot size of 15,000 s.f. Thus, the property is large enough to accommodate
two legally sized lots, if other zoning requirements can be met.
The purpose of the adjustment would be to create a second lot, also with access from
Fremont Road. This is necessary since access cannot be provided from Albany Post
Road, which borders the property on the east. My comments on the application are
as follows;

1.

The survey does not include all of the information requested by the
Planning Board's application form Although some of the items are
probably unnecessary given the nature of the application, the survey
should indicate: (1) the names of all owners of record of adjacent
properties; (2) the location of the existing lot line, clearly labeled; and,
(3) an area map showing nearby streets and properties.

2.

The Sleepy Hollow Zoning Ordinance does not specifically refer to a
"flag lot," which the newly created lot would be, based on its
configuration. However, the ordinance defines "lot width" as, "The
horizontal distance between the lot lines, measured at right angles to
the lot depth." In the R-2 A district the minimum lot width is 100 feet,
while the narrow part of the new lot is only 40* wide. Therefore, the
application should be referred to the Zoning Board of Appeals for an
area variance relative to the lot width.

*
W f l -javsiosnient
Comprehensive Planning
Zon;iig

Seal estate Economics
E-,vironm«ntal Services
Hcusing
Community Development

The Planning Board may also wish to consider whether or not specific zoning
regulations regarding flag lots should be adopted. These would be designed to
provide the Board with specific criteria relative to conditions under whichflaglots are
deemed to be appro vable, such as lot size, location of existing residences on adjacent
parcels, sharing of driveways, etc. The definition of lot width might also be examined
to clarify where on the lot the measurement is mad«

�C H A R L E S
A.
C O N S U L T I N G

M A N G A N A R O
E N G I N E E R S
A ?TOFESSJONAl CORPORATION

MEMORANDUM
TO;

Village of Sleepy Hollow Planning Board

FROM:

Shailesh R. Naik, P.E. "*—Charles A. Manganaro Consulting Engineers, P.C.

DATE:

June 17, 1998

RE:

Maria L. Graca
139 &amp; 143 New Broadway
Sleepy Hollow, New York
CAMCE No. 800-45

In response to our memorandum dated March 16, 1998, regarding the above-mentioned project
we have received a plan dated May 18, 1998, and drainage calculations dated May 18, 1998, both
as prepared by Keane Coppelman Engineers, P.C.
The initial concept of a stone wall has been changed. The proposed retaining wall is to be
constructed with precast concrete units Pisa II as manufactured by Unilock, the top of the wall
being at a constant elevation of 89.50.
The site grades have been modified to accommodate the proposed new dwelling 26'-0" x 50*-0".
Due to the proposed dwelling, as well as the driveways and parking lots, an increase in the storm
water surface runoff is expected. Review of setback requirements for this dwelling as well as
adequacy of parking lot including turning radii, have been assumed to be performed by the
planning consultant.
Based upon our review, the following comments are offered:
(1)

The proposed wall drainage pipe located at the base of the wall appears to drain
into the adjacent property. A suitable onsite means ( dry well ) should be
provided to dispose of this water and relieve the pressure on wall as required by
the wall manufacturer.

(2)

In absence of a submittal on retaining wall design calculations, the structural
capability of the wall and grid has not been performed; hence it is recommended
that the wall be built in strict adherence to the wall manufacturer's requirements
and the design should be verified by the Design Engineer. The Owner shall be
responsible for the maintenance of the wall in accordance with the manufacturer
requirements.

�C H A R L E S A.
CONSULTING

M A N G A N A R O
ENGINEERS
A PROFESSIONAL CORPORATION

(3)

*
Pre and post drainage calculations including storm water disposal design for 25

year storm have been submitted for both lots under the same ownership. Four
dryweils have been proposed at the site.
The calculations based upon the percolation rate of 20 minute/inch are found to
be adequate, in spite of the discrepancies detected in the calculations. The
assumed percolation rate should also be field verified.
(4)

The soil capacity as indicated on the plan shall be field tested and be acceptable
to the design Engineer prior to construction.

(5)

The unsuitable debris including asphaltic remains dumped at the site was observed
during our inspection of the property on March 6, 1998. The same should be
removed off the site prior to issuance of any permits.

Based upon the requirement that the above-mentioned responsibilities be borne by the Design
Engineer, ic is recommended that the proposed work be approved.

c:

James Margotta, Building Inspector
Keane Coppelman Engineers, P.C, Applicant's Engineer

R;\5eCRTAKYUW$H\*^SWNa6i7«.Wl&gt;D

�RESOLUTION
Adopted at the June 18,1998 Meeting
of the Village of Sleepy Hollow Planning Board
RESOLUTION:

SITE PLAN APPROVAL
PROPOSED:

Construction of two story retail/office building

OWNER:

Antonio Rodrigues

LOCATION:

358 North Broadway

TAXMAP
DESIGNATION:

Section 17, Block 21, Lots 32-37

ZONING:

C-l Highway Commercial

WHEREAS, the Planning Board ofthe Village of Sleepy Hollow has reviewed an application
for site plan approval (the Application) pursuant to the Village Zoning Ordinance, Article VIE, Site
Plan review, and to applicable laws and regulations considered pertinent to the Application, which
Application is for the construction of a two story building containing retail stores on the first floor
and offices on the second floor; and
WHEREAS, the Planning Board has reviewed the following materials:
1.

Site plan application, dated 6/10/97.

2.

Site plan for the subject site, dated 8/15/97, revised 9/18/97 and 10/9/97, prepared by
Contadina Architects.

3.

Drainage Plan and drainage calculations, dated 11/14/97, prepared by Agostino G.
Paese, P.E.

4.

Letter, dated 10/11/97, from Agostino G. Paese, P.E., regarding the capacity of
available water, sanitary and stormwater lines.

5.

Elevation details for concrete crib walls, dated 10/8/97, prepared by Agostino G.
Paese, P.E.

6.

Landscape Plan, dated 10/5/97, revised 11/4/97, prepared by John De Feo.

7.

Full Environmental Assessment Form, dated 4/6/98, signed by John IHughes, Jr.,
Esq.w

8.

Coastal Assessment Form, dated 4/7/98, prepared by John IHughes, Jr., Esq.

9.

Traffic Impact Study, dated 4/13/98, prepared by Adler Consulting.

�10.

Review memorandafromDavid Schh% AICP, Village Planner, dated 6/20/97,9/6/97,
10/16/97 and 4/8/98.

WHEREAS, the proposal was discussed by the Planning Board at public meetings held at the
Village Hall on 6/19/97, 9/18/97, 11/20/97 and 4/16/98, at which times those wishing to be heard
were given the opportunity to be heard; and
WHEREAS, in the course of its review and acting as Lead Agency pursuant to Park 617 of
the Implementing Regulations pertaining to Article 8 of the Environmental Conservation Law, the
Planning Board has made the following findings and caused, noted or conducted the following
activities:
1.

Received an application fee;

2.

Caused field inspections to be made of the property and the surrounding areas;

3.

Requested, received and considered comments from the, Village Planner, Village
Engineering Consultants and Building Inspector about the proposed project;

4.

Requested, received and reviewed a Full Environmental Assessment form (EAF) in
compliance with the New York State Environmental Quality Review Act (SEQRA)
and a Coastal Assessment Form;

5.

After review ofthefieldconditions, public comments, recommendations and the EAF
as well as other items noted above, has determined that the proposed action is an
Unlisted Action and issued a Negative Declaration dated April 16,1998 in which the
Planning Board stated its determination of non-significance of environmental impact
for this Unlisted Action; and

WHEREAS, the Applicant has previously received a variance from the "Village of Sleepy
Hollow Zoning Board of Appeals permitting a 10 foot front yard setback and, subsequently, has cut
back the steel frame to meet that setback requirement; and
WHEREAS, the Applicant has received approval for the proposed building from the
Architectural Review Board; and
WHEREAS, the Applicant is seeking a renewal of his lapsed application for the expired
approval of the adjacent Philipse Plaza development and all plans regarding traffic access to the
intersection of Route 9, Old Broadway and Pocantico Street for Philipse Plaza which were approved
previously are subject to approval by the NYSDOT;
NOW, THEREFORE, BE IT RESOLVED that the said Application for site plan approval relative
to construction of a two-story building with retail stores as shown on thefirstfloorand offices on the
second floor as shown on the site plan, as revised on 10/9/97 is hereby granted approval and that the
Applicant may obtain the endorsed approval of the Planning Board Chairman or as an alternate the
Village Administrator, on a copy of this resolution and upon the site plan drawings, as and when
revised as necessary to show compliance with the following conditions, which endorsement shall
permit filing in the Office of the Village Building Department for purposes of obtaining a building

�914 761 3759

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SACCAPDI 8. Su-UK-

permit in accordance with this resolution and all building code requirements, provided, however, that
this approval shall expire one (1) year after the date of this resolution if thefollowingmodifications
and conditions have not been completed to the satisfaction of the Planning Board and the Applicant
has not obtained the required building permit or permits for construction in accordance with the
approved plan (s):
1.

The Applicant shall pay the Village of Sleepy Hollow all application and review fees
as required by the Village Zoning Code, aa approved by the village attorney.

Z

Landscaping shall be provided as shown on the approved landscape plan dated
11/4/97. Trees to be provided as part of the landscape plan shall be a minimum of 3"
caliper.

3.

Recreation fees shall be paid to the Village in an amount to be calculated by the
Village Attorney and the Village Planner and approved by the Board of Trustees.

4.

Erosion control measures to be utilized during construction shall be detailed on the
final plan drawings and shall be provided in accordance with Westchester County Best
Management Practices.

5.

Traffic access shall be provided as shown on the approved site plan dated 10/9/97.
j?

.•

6.

The seven parking spaces shown to the north of the proposed building are dedicated
specifically for its use. In the event of a subdivision of this project and Philipse Plaza,
the seven parking spaces must remain as part of this project and not be allocated to
the Philipse Plaza parcel.

7.

If any parking spaces provided for the proposed building are located on a different
tax lotfromthe building, an easement shall befiledwith the County Clerk providing
fbr the continued use of those spaces by the tenants of the proposed building.

3.

Final site plan and building plans, including the design of the retaining wall, shall be
subject to review and approval by the Building Inspector and/or the Village Engineer,
as appropriate.

9.

The Village's Department of Public Works shall review and approve the installation
and finish schedule for sidewalk* and fbr curbs, which shall be granite-faced.

PLANNING BOARD
VILLAGE OF SLEEPY HOLLOW

, Chairman

Date

�0CT-Q3 97 16:03 FFOMrFP CLARK ASSOCIATES

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DRAFT
RESOLUTION
Adopted at the February 15, 1996 Meeting of the
Village of North Tarrytown Planning Board
RESOLUTION: SITE PLAN APPROVAL FOR DEVELOPMENT OF A 12,000
SQUARE-FOOT RETAIL AND OFFICE BUILDING.
PROPOSED: CONSTRUCTION OF A TWO-STORY RETAIL AND
OFFICE BUILDING TOTALING 12,000 SQUARE FEET, REMOVAL
OF EXISTING DELICATESSEN AND MOTOR VEHICLE REPAIR
BUILDING, AND CONTINUATION OF THE EXISTING 6,800
SQUARE FOOT MANUFACTURING USE ALSO LOCATED ON
TOE LOT.
OWNER/APPLICANT; ANTONIO RODRIGUES
LOCATION: 358 NORTH BROADWAY
TAX DESIGNATION: SECTION 17, BLOCK 21, LOTS 15 - 37
ZONING: C-l HIGHWAY COMMERCIAL

�RESOLUTION
Adopted at the February 15, 1996 Meeting of the
Village of North Tanytown Planning Board
RESOLUTION:

SITE PLAN APPROVAL FOR DEVELOPMENT OF A 12,000
SQUARE-FOOT RETAIL AND OFFICE BUILDING.
PROPOSED: CONSTRUCTION OF A TWO-STORY RETAIL
AND OFFICE BUILDING TOTALING 12,000 SQUARE FEET,
REMOVAL OF EXISTING DELICATESSEN AND MOTOR
VEHICLE REPAIR BUILDING, AND CONTINUATION OF THE
EXISTING 6,800 SQUARE FOOT MANUFACTLTRING USE ALSO
LOCATED ON THE LOT.
OWNER/APPUCANT: ANTONIO RODRIGUES
LOCATION: 358 NORTH BROADWAY
TAX DESIGNATION: SECTION 17, BLOCK 21, LOTS 15 - 37
ZONING: C-l HIGHWAY COMMERCIAL

WHEREAS, the Planning Board of the Village of North Tanytown has reviewed an
application for site plan approval (the Application) pursuant to Article VII of the Zoning
Code of the Village of North Tarrytown for the construction of a two-story retail and office
building totaling 12,000 square feet, removal of an existing delicatessen and motor vehicle
repair building and continuation of the existing 6,800 square foot manufacturing use also
located on the lot; and
WHEREAS, as part of its review, the Planning Board has reviewed numerous
documents, statements and plans, including the following:
1.

Topographic map prepared for Antonio and Linda Rodrigues situate Village of No.
Tarrytown Town of Mt. Pleasant Westchester Co., New York," prepared by John H.
Muldoon, dated April 5, 1993, last revised February 5, 1995.

2.

"Site Plan" for Philipse Plaza, prepared by Contadino Architects, AIA, and last
revised February 4, 1996.

3.

"Site Grading Plan" for Philipse Plaza, prepared by Contadino Architects, AIA, and
last revised February 4, 1996.

4.

"Deli Operation Plan" for Philipse Pla2a, prepared by Contadino Architects, ALV and
last revised May 8, 1995.

5.

"View Analysis" for Philipse Plaza, prepared by Contadino Architects, AIA, and as
last revised May 8, 1995.

�6.

"Floor Plan" for Philips* Plaza, prepared by Contadino Architects, AIA, and as last
revised May 8, 1995.

7.

"Building Elevations" for Philipse Plaza, prepared by Contadino Architects, AIA, and
last revised May 8, 1995.

8.

"Retaining Walls Plan" for Philipse Plaza, prepared by Bruno Leitenberger, P.E.,
State of New York License No. 053849, and dated August 1995.

9.

"Drainage Layout Plan, Philipse Plaza Village of North Tarrytown Town of Mt.
Pleasant Westchester County, New York", prepared by Donald A. Benvie, P.E., State
of New York License No. 062787-1, of Tectonic Engineering Consultants, P.C. and
as last revised December 27, 1995.

10.

Detail sheet "Philipse Plaza Village of North Tarrytown Town of Mt Pleasant
Westchester County, New York", prepared by Donald A. Benvie, P.E., State of New
York License No. 062787-1, of Tectonic Engineering Consultants, P.C. and dated
October 20, 1995.

11.

"Planting Plan" for Philipse Plaza, prepared by Studer Design Associates, and as last
revised December 8, 1995.

12.

"Cross Sections" for Philipse Plaza, prepared by SrudeT Design Associates, and dated
November 28, 1995.

13.

A full Environmental Assessment Form (EAF).

WHEREAS, on July 19, 1995 the Zoning Board of Appeals granted all area
variances, including those for required number of parking and loading spaces, buffer strip
and rear yard setback, which that Board determined were necessary for the application.
WHEREAS, a duly advertised public hearing was held at the Village Hall on July
21, 1994, which hearing was continued and closed on February 15, 1996, at which time all
those wishing to be heard were given the opportunity to be heard; and
WHEREAS, the site has been visited by the Village's planning and engineering
consultants and the Planning Board is thoroughly familiar with the site and all aspects of the
proposed project; and
WHEREAS, in the course of its review and acting as Lead Agency pursuant to Part
617 of the implementing regulations pertaining to Article 8 of the Environmental
Conservation Law, the Planning Board has made the following findings and caused, noted
or conducted the following activities:

2

�16:04

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9149676615

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MSE

1.

Received an application fee;

2.

Caused field inspections to be made of the property and of the surrounding areas;

3.

Requested, received and considered comments from the Village planning and
engineering consultants and the Building Inspector about the proposed project;

4.

Requested, received and reviewed a full Environmental Assessment Form (EAF) in
compliance with the New York State Environmental Quality Review Act (SEQRA);

5.

After review of the field conditions, public comments, recommendations and
environmental assessment form as well as other matters noted above, has determined
that the proposed action is a Type I action and issued a "Negative Declaration,''
dated February 15, 1996, in which the Planning Board stated its determination of
non-significance of environmental impact for this Type I action; and

WHEREAS, in accordance with a condition of the resolution for site plan approval
for the application known as "Antonio Cabinetry," and located on the same lot as said site
plan application, traffic circulation has been revised and coordinated;
NOW, THEREFORE, BE FT RESOLVED, that said site plan application and plan
noted above as amended herein be and hereby are granted site plan approval and that the
Applicant may obtain the endorsed approval of the Planning Board Chairman or, as an
alternate, the Village Administrator, on a copy of this site plan resolution and upon the final
mylar copy of the site plan drawing revised as necessary to show compliance with the
following conditions, which endorsement shall permit filing in the offices of the Village
Building Department for purposes of obtaining a building permit in accordance with this
resolution and all building code requirements, provided, however, that this approval snail
expire twelve (12) months from the date of this resolution if the following modifications and
conditions have not been completed to the satisfaction of the Planning Board and/or the
Applicant has not obtained a building permit:
1-

F*e$ - The Applicant shall pay to the Village of North Tarrytown:
1.1

An inspection fee for construction inspection of the property for compliance
with the approved site plan in accordance with the Village of North
Tarrytown Zoning Code.

1.2

Payment of all remaining application review costs as noted and required in
Section 62-30(f) of the Village Zoning Code, as approved by the Village
Attorney.

1.3

A recreation fee of $
Board of Trustees.

, subject to the approval of the Village

3

�GCT-03 97 16v05

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Revision of the above noted site plan to demonstrate the following:
2.1

A signature block shall be added to the site plan for the signature of the
Planning Board Chairman or, as an alternate, Village Administrator.

11

The final alignment of the retaining wall and die configuration of parking
stalls within the immediate vicinity of the retaining wall.

3.

Prior to the issuance of a Certificate of Occupancy, the Applicant shall submit to the
Village Building Inspector a mylar reproduction of the site plan complete with the
certification of a professional architect and/or a professional engineer attesting to the
construction of the site plan and its improvements as shown thereon.

4.

All elements of this approved site plan shall be completed to the satisfaction of the
Village Building Inspector within a period of eighteen (18) months from the date of
the issuance of the building permit and prior to the issuance of a Certificate of
Occupancy. The Planning Board may issue an extension of this time limit or may
modify any of the above conditions with respect thereto for good cause.

5.

The Planning Board reserves the right to make a final field inspection of the project
after construction of the facilities, upon notice of the Building Inspector, and before
the issuance of a Certificate of Occupancy. The purpose of this final inspection is
to review the development and to require any modifications to on-site parking,
drainage, access, paving and other site plan details, which do not comply with the
approved plan in the interest of safety, convenience, aesthetics and the enjoyment
and peace and quiet of adjacent neighbors; and

BE IT FURTHER RESOLVED, that approval of said site plan application and plans
noted above be and hereby amends the site plan for the application known as "Antonio
Cabinetry." originally approved by the Planning Board of the Village of North Tarrytown on
February 20, 1992.

PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN

By.
George F, Hritz, Chairman
Village of North Tarrytown Planning Board
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C H A R L E S A.
CONSULTING

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MANGANARO
ENGINEERS
A PROFESSIONAL CORPORATION

MEMORANDUM
TO:

James Margotta, Building Inspector
Village of Sleepy Hollow

FROM:

Donate R. PenneDa
X^^
Charles A. Manganaro Consulting Engineers, P.C.

DATE:

May 19, 1998

RE:

139 &amp; 143 New Broadway
Sleepy Hollow, New York
CAMCE No. 800-45

In reference to the project noted above, earlier this morning we received a plan for the
construction of a retaining wall. This plan was updated to incorporate comments from die
previous submission and is scheduled to be reviewed by the planning board on May 21, 1998.
Thia plan has not been submitted ten days prior to the meeting as required by the Village. In
an attempt to review the plan we still find that drainage and wall calculations had not been
included. At this point we win be unable to review this submission for Thursday night's meeting
and therefore suggest that this meeting be postponed to the next regular meeting. Additionally
all information as per our 3/16798 Memorandum and per the Village checklist be made in a
complete an timely fashion for review.

Poat-it" Fax Note

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A regular meeting of the Planning Board was held on July 16,
1998 at 8:00 p.m. in the Village Hall, 28 Beekman Avenue,
Sleepy Hollow, New York 10591.
Members Present:

Nicholas Robinson, Chairman
Benito Martinez
Nicholas Cicchetti
David Perlmutter
Betsy Sawyer Gaylin
Ed Napoleon

Absent:

Edward McCarthy

Also Present:

James Margotta, Building Inspector
Janet Gandolfo, Village Attorney
Mark DeGennaro
David B. Schiff

Chairman declares the Public Hearing open.
In the Matter of Hew York SMSA Limited Partnership. 701
North Broadway.
Ms. Schneider addressed the Board as follows:
Hello, Mr. Chairman. Good evening Chairman and members of
the Board. My name is Leslie Schneider. I am a partner in
the law firm of Schneider and Schneider. I am here for two
wireless carriers.
These two wireless carriers are seeking to provide wireless
service in the Village of Sleepy Hollow, and what they are
seeking to do is build a communication facility on 2,500
square feet of the 60 acre hospital property. They have
spent alot of time placing this facility in essentially rows
of trees on the hospital property to keep it away from the
views.
Your engineer and planner requested some additional
information, range calculations, I believe at the last
meeting. I was to comply with their requests.
Some of the interesting things about this facility in
particular is it's an unmanned facility. It doesn't require
any traffic, no lights, any services. It only needs
telephone and electricity to operate. It won't require any
particular services or have any kind of nuisance factor to
the community.

�2
One of the things we did was do a balloon test. I know your
planner had asked for a detailed visual analysis. We take
the balloon to the exact height of the facility. The
facility is proposed to be 110 foot monopole. A monopole is
36 inches at the base and tapers to 18 inches at the top.
The antennas are small, only 43 inches long and only six and
a half inches wide.
I can walk you through the visual analysis.
some photos.

I also have

We did agree with the Zoning Board at their meeting last
night that we would do a balloon test just for them so they
can drive around the area and see that it really has no
impact and the visibility was veryf very limited.
We would be happy to do that for the Planning Board on a day
that is convenient for you before your next meeting as well.
Ms. Schneider handed the Board copies of the analysis.
A discussion ensued.
Ms. Sawyer asked how high the water tank is.
Mr. Johnson replied 29 feet. The water tank is about maybe
35 feet tall. The AT&amp;T tower is 29 feet.
Mr. Schiff inquired about the existing antenna and how
high it is from the ground up.
Mr. Johnson asked if Mr. Schiff was referring to the
existing existing AT&amp;T antenna.
Mr. Schiff responded yes.
Mr. Johnson replied 29 feet, from ground level it's 29 feet.
It's shooting directly into the trees.
Mr. Johnson went on to state that he has spoken with people
from AT&amp;T regarding that site. It's not a site that
provides comprehensive coverage to the Village, meaning it's
not a site which would allow them to cover all of Sleepy
Hollow with one application. It primarily covers that
little block there, Route 9 and 117. It doesn't extend all
the way down 117, nor does it get sufficient coverage on all
of 9. Ours will cover Old Bedford Road, Sleepy Hollow Road,
Gory Brook Road, so it's a solution for the whole Village.
Mr. Perlmutter enquired about using two 50-foot towers

�3
elsewhere, would they get the same coverage.
Ms. Schneider explained that you have to get above the tree
line, so it's line of site technology. Bach site has to see
each other. The trees in that area are quite mature, so
that is one of the things that necessitated height.
Mr. Johnson stated some of the trees there were as high as a
110 feet tall, so there are also trees out there that are 90
feet tall.
Mr. Johnson further stated that one of the beauties of this
application is we're located on somewhat of a slope, so 60,
70 feet away towards the edge of the parking lot where you
could drive up and park, it's 212 feet in ground elevation.
Where we're at it's 200 feet elevation, so a 80-foot tree
out there will be closer to 92 feet when compared to the
height of our antennas.
A discussion ensued.
Ms. Schneider stated that she has with her tonight her
engineers who prepared the plan and frequency, that they
would be happy to answer any questions the Board may
have.
Chairman asked when the balloon test is scheduled to be done
for the Zoning Board.
Ms. Schneider replied they were going to do the Zoning Board
the Saturday before their meeting, and the best time to do
it is early in the morning on the weekday so the wind is the
least to make sure the balloon is exactly in the exact
location.
Ms. Schneider expressed that they would be happy to do it on
a week morning before everyone goes to work and have it up
there 6:00 to 8:00, or they can do it on a Saturday.
Ms. Schneider inquired when the next Planning Board
meeting is scheduled for.
Chairman responded that there is usually no meeting in
August.
Ms. Schneider stated that the Zoning Board is September 16
and asked if they could do the test before then.
Chairman asked if they would do the test on the 16th.

�4
Ms. Schneider responded they are going to do it the Saturday
before, which would be the 13th, that if there is a meeting
before that, they will do it for the meeting.
Chairman stated the the Planning Board meeting would be
after that.
A discussion ensued.
Chairman stated that paragraph 11 of Ms. Schneider's long
form stating there is no impact on aesthetic sources,
they will need to have some type of formal statement that
the National Trust for Greenrock and Historic Hudson Valley
did not find this intrusive on them.
Chairman went on to explain that that property was very
sensitive to all visual impacts and the height is
restricted.
Ms. Schneider stated they also did look at the James House
on the hospital, which is also listed, and they have a
letter for the record which says a balloon test was taken
and was not visible from that location. That is quite a
distance away.
Ms. Schneider handed the Board the abovementioned letter.
Chairman asked if there were any further questions that the
Board members had of a factual nature or any of the Village
staff.
A discussion ensued.
Chairman asked if there were any other questions.
There being no response, the Chairman closed the public
meeting and stated that they would now go on to consider
whether they want to be the lead agency of the New York
State Environmental Quality Review Act, SEQRA.
Chairman stated it is the decision of this Board that we
entertain a motion to declare ourselves lead agency for the
SEQRA review in this application.
Mr. Perlmutter made the motion.
Mr. Napoleon seconds the motion.
Chairman asked if there was any discussion on that.

4

�5
Motion carried unanimously.
Chairman asked if the long form Environmental Impact
Assessment should be discussed briefly to see whether people
want any other information other than that which has been
submitted and the points that the applicant has agreed to
provide so far.
Chairman expressed that there seems to be an indication
regarding preservation interests, properties effected by the
view, and secondly the hospital, the Health Impact
Assessment.
Chairman again asked if there is anything else anyone feels
is needed to go through this long form briefly.
Chairman stated he thinks they ought to look at it.
Chairman indicated that the sponsor indicates total coverage
area is a 1,500 square feet, all of the engineering so
indicates no erosion problems. It indicates it is in a
critical area, which is the costal zone, I assume.
A discussion ensued.
Chairman indicated that the lead agency responsibilities,
page six, the beginning of the long form, indicates the only
impact on the land is the building of 110 foot pole and
antenna and the ground equipment for it. We have a site
plan for it. It indicates no impact on water, body of water
or ground water, drainage, no air impact. It indicates no
impact on plants or animals, no agricultural impact.
Chairman indicated that he thought the question on 11,
impact on aesthetic sources, seems to be the one that
concerns the Board this evening.
Chairman stated that they have checked no impact. It may be
appropriate for them to consider whether there is a need to
mitigate any aesthetic impact and similarly subject to
further documentation in question 12, the historic view
shed.
Chairman further states this area is not now open to public
recreation. He supposes the building tower has some space
impact, if doesn't impact on critical environmental areas.
A discussion ensued.
Chairman inquired of the Board if they have any questions

�6
about long form EIF they would like to see addressed
further, now that they have read through it, surveyed it
briefly.
Chairman explained to the Board, what we would be doing,
assuming the further documentation is submitted at our next
meeting, we'll be making a finding of no significant impact,
unless we find a significant impact.
If there is an impact, we would have to consider whether a
conditional negative declaration would be adopted, making a
finding that whatever mitigation has been agreed to by the
applicant mitigates any adverse impact.
Upon making that finding, we could then see appropriate
notice to make the resolution on approving the decision at
our following meeting.
Since the balloon test won't be until September, unless you
want one earlier, we can all go to the same balloon test and
see it then, and then act on it on the September meeting.
Mr. Perlmutter asked if they are talking about building
senior housing on Phelps property.
Chairman responded he thought the plan for that is down the
hill.
Mr. Perlmutter suggested they should look at the view from
there and see how it effects it.
Chairman asked if the Board should note they will be doing
the balloon test on September 13 and it will be completed to
this Board, current members would want to inspect the site,
take a look that morning.
Ms. Schneider stated it would be the 12th, that if it rains
or if it's impossible, we can make it the 13th as the
alternative, if that's okay.
Mr. Cicchetti wanted to know what the hours were for the
test.
Ms. Schneider responded 9:00 to 12:00.
Chairman asked regarding the balloon test, in addition to
the visit by the Board, will Ms. Schneider be submitting any
kind of documentation to the record.
Ms. Schneider stated they would document it again, the

�7
additional places that he indicated, to further identify
its visibility.
Chairman asked if there is any further discussion at this
time on the application.
Chairman stated we agree to take it on at our meeting on
September 17.
Ms. Schneider indicated the Zoning Board would meet on the
17th and asked if it was possible to have the Planning Board
meeting before the Zoning Board meeting.
Chairman stated that the Zoning Board is just a use variance,
so if you have the use approved, you have to go through the
environmental•
Ms. Schneider stated that the only thing is they would have
to wait, that since they're going to coordinate the view,
you would have to do that before they take the final, the
final action.
If at all feasible to do it earlier, even if you wanted to
do it the week earlier, we'll have another balloon test for
you. It would help us with time.
There really is a need for services because there is really
no service.
Mr. Cicchetti stated on this map here, you have a listing
here of the owners of record of adjacent property. There
are a number of names of the people who live on Hemlock,
Birch Close, Terrace Close. Down below there, are their
names listed here? Because they are getting special
notification from you.
Ms. Schneider responded yes, we need 33 people for this
Public Hearing.
Mr. Margotta stated they were all sent registered return
receipt.
Ms. Schneider responded we submitted that to the Building
Department as evidence.
Mr. Cicchetti stated the reason I ask the question is
because I know a number of people that want to be present at
this public meeting, but because of the decision made by the
Zoning Board last night I consider there was no forthcoming
till that decision is made.

�8

Mr. Cicchetti asked if they are going to continue this
Public Hearing of the Planning Board.
Chairman responded that was the proposal, yes.
Ms. Sawyer expressed that we should continue.
Ms. Schneider stated two or three people came to the Public
Hearing last night.
Chairman stated that we have had no communication from the
Sleepy Hollow Homeowners Association
Mr. Margotta stated that they were here last night.
Ms. Schneider stated he wanted to just make sure that he
could not see it and he was appreciative that we would do
further testing.
Chairman asked if he is coming to the balloon test.
Ms. Schneider replied yes.
A discussion ensued.
Other business.
Chairman stated we have had minutes of prior meetings
distributed to us. I think we have no other applications on
this evening. Is that correct? So we can take the minutes
and see whether any members have recommendations to the
minutes.
Chairman stated he also had a question regarding the
outstanding fees that were due to the Village by various
applicants in the past. Are they still outstanding
Ms. Gandolfo stated we're in the process of collecting them,
that Antonio's has been paid, all with the exception of the
recreation fee. Miguel Jiminez is all paid up to date
Mr. Perlmutter asked why aren't we collecting direct fees
Ms. Gandolfo asked what Mr. Perlmutter meant by why aren't
we.
Mr. Perlmutter stated Ms. Gandolfo said we're paid except
for the rec fees.

�9
Ms. Gandolfo stated there is also an issue to the rec fees
as to the applicants want to have that. Miguel asked for a
waiver, he went on to the Board of Trustees last week, they
turned him down. Antonio is going to be doing the same,
approaching the Board of Trustees, and when they make the
decision I am assuming they are going to deal with all of
this across the board in the same manner, then he will pay.
They are entitled to the opportunity to go to the Board of
Trustees for a waiver.
A discussion ensued.
Approval of minutes
Chairman asked if everyone had a chance to look at the
minutes of the June meeting and if there are any changes
anyone wishes to make.
Chairman:

Any changes anyone wants to make?

Ms. Sawyer made a motion to accept the minutes.
Mr. Napoleon seconds the motion.
Motion carried.
Other business (continued)
Chairman asked on Ms. Graca's application, if the
Board needed any changes to that.
Mr. Schiff responded no.
A discussion ensued.
Chairman stated the resolution has beend distributed
to the Board and asked if there is any discussion regarding
the resolution or any other points; and if not, all
those in favor of the resolution signify by saying
aye.
Motion carried unanimously.
Chairman asked if there was any other business to come
before the Board.
Chairman stated he assumed the Board would want to continue
their tradition of not meeting in August.

�10
Ms. Sawyer agreed.
Chairman stated we will have our next meeting in September.
Chairman stated there being no other business, we stand
adjourned. Thank you very much.

Respectfully Submitted,

Ly&amp;ia Irizarry
Recording Secretary

�20 July 1998

To:

Planning Board

From:

James Margotta

There will be no Planning Board meeting in
August.

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                    <text>A*y*A regular meeting of the Planning Board was held on
October 15, 1998 at 8:00 p.m. in the Village Hall,
28 Beekman Avenue, Sleepy Hollow, New York 10591.
Members Present:

David Perlmutter, Acting Chairman
Benito Martinez
Nicholas Cicchetti
Betsy Sawyer Gaylin
Ed Napoleon

Absent:

Edward McCarthy
Nicholas Robinson

Also Present:

James Margotta, Building Inspector
Janet Gandolfo, Village Attorney

Ms. Gandolfo stated that the resolution is to read
that the applicant agrees to plant four new trees on the
Phelps Hospital grounds subject to the approval and
location by Phelps and the Tree Commission.
Mr. Schneider asked if it can be left at type, size and
location.
Chairman suggested that it be subject to the approval of
the Tree Commission as to type, size and location.
Chairman asked if anyone wanted to move this resolution.
Mr. Cicchetti made the motion.
Ms. Sawyer seconded the motion.
Motion passed.
A discussion ensued.
Chairman stated they just had a discussion about rewording
with regard to the trees so the trees will not be on Phelps
property, but wherever the Tree Commission of Phelps thinks
it should be, and asked if anybody has anything to say.
There being no response, the Chairman asked if any member
of the public had anything to say.
There being no response, the Chairman asked for all in favor
to respond by saying aye.

�2
Passed unanimously.
Chairman asked if there was anything else to be discussed.
Janet Gandolfo stated that the members should have received
a copy of the negative declaration which they just attached
to the official minutes, that that will be adopted at the
next meeting.
Chairman stated that the Rockefeller application, last time
where it was settled would just be for planning purposes,
it may not have been fully accurate and he thinks we
should look into that before the next meeting. And if there
was any inaccuracy in that representation, would they look
at it again to see if anything else is required.
Chairman noted that no one was present from the Rockefeller
outside counsel.
Ms. Saywer asked if this was supposed to be the Public
Hearing today.
Ms. Gandolfo replied no, this was the subdivision, that it's
on for November.
Ms. Gandolfo stated that she will call John Hughs and ask
him.
Mr. Cicchetti stated that the question was specifically
asked and John Hughs specifically said no, so he think
maybe they ought to get in touch with him, and the minutes
should show that.
Chairman asked if anyone wanted to discuss the other thing
we have on Sleepy Hollow, if anyone wanted to tell them
anything about that.
Mr. Cicchetti stated that they received a letter from Weiss
House and there was a flag property on Fremont with a
narrow entrance and the property was back, that Dan Forelli
was trying to get some of the property that was on one lot
removed over to the Weiss House, who now too owns the house
that's there, the object being that if someone built behind
them facing on Broadway, that they would not be that close
to his house, so we wanted that extra property. We left it
so we walk away from the situation.
Mr. Cicchetti further stated that now we have the letter

�3
from the Weiss House people asking for some sort of
agreement to be made without going through the Planning
Board and the Zoning Board and they sent the letter to Jim
Margotta.
Mr. Cicchetti futher stated that he doesn't know what there
is that they are attempting to do here, but he had an
opportunity then to reread the original proposal from Dan
Forelli, and Dan Forelli was trying to say in their proposal
that they would give the right of way for that narrow piece,
which would be the entrance from Fremont to the property in
the back, which then faced on North Broadway or on Route 9.
Mr. Cicchetti further stated that that being the case, then
the Board is faced with Dave Schiff's opinion that you have
to have a hundred linear feet along the street in order to
build. He is 100 feet on North Broadway, but he doesn't
have it on Fremont.
Mr. Cicchetti further stated that somebody mentioned
apparently they have gotten approval to get an entrance
from Route 9, but he doesn't mention that in the letter.
Mr. Margotta stated that they expect to get an approval
from DOT to have an ingress and egress on Route 9, that at
the time he talked to them they did not have it.
Mr. Cicchetti asked Mr. Margotta what he is going to do
with the letter, that it is addressed to him.
Mr. Margotta stated that he distributed it to everybody.
Ms. Gandolfo stated that right now there is no application
before the board because they withdrew the one they had.
Mr. Margotta stated that this Board sent them to the Zoning
Board.
Ms. Gandolfo stated that they never went to the Zoning
Board.
Mr. Margotta stated that Weiss House sent him this
information, so he distributed it to both boards.
Ms. Gandolfo stated that they will respond to Weiss House
and tell them what the action was a couple of months ago
when they came in and that we will keep an eye on it.

�4
Mr. Margotta stated that he was talking to one of the
gentlemen from the real estate company and they said they
expected to get a letter from the State allowing them to
have ingress and egress.
A discussion ensued.
Chairman asked for a motion to adjourn.
Mr. Cicchetti made a motion to adjourn.
Ms. Sawyer seconded the motion
There being no further business, meeting was adjourned.
Respectfully Submitted,

Lyaia Irizarry,
Recording Secretary

�Decenfcer 7 , 1998
To:
ran:

Members o f t h e Planning Board
James Margotta

THERE WILL BE NO MEETING Of THE PLANNING BOARD:
DURING THE M3NTH OP DECEMBER, 1998.DUE TO LACK OF
AN AGENDA.

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                    <text>RESOLUTION
Adopted at the November 19,1998 Meeting
of the Village of Sleepy Hollow Planning Board
RESOLUTION:

Subdivision of Parcel B-17, 650 Bedford Road, for estate planning purposes
only.
PROPOSED:

Subdivision of an existing 81.49± acre parcel into two
lots. The proposed parcel, containing approximately
12.8 acres, would be transferred to a qualified
personal residence trust for estate planning purposes.

OWNER:

David Rockefeller

LOCATION:

650 Bedford Road

TAX MAP
DESIGNATION:

Part of Section 111.17, Block 1 Lot 2, Parcel B-17

ZONING:

R-40

WHEREAS, the Planning Board of the Village of Sleepy Hollow has reviewed an application
dated September 10, 1998, including short environmental assessment form and preliminary
subdivision map; and
WHEREAS, the Planning Board has, after following the requirements of the State
Environmental Quality Review Act (SEQRA) declared themselves to be the Lead Agency in this
action; and
WHEREAS, the Planning Board held a public hearing on November 19, 1998; and
WHEREAS, the Applicant's attorney indicated that Applicant has no intention of developing
the property but that the subdivision was required for estate planning purposes; and
WHEREAS, the public hearing was closed that night with no additional comments presented
on the proposed plan; and
NOW, THEREFORE, BE IT RESOLVED that the above referenced subdivision approval,
is hereby granted.
PLANNING BOARD
VILLAGE OF S L E E^P O
^ OLLLLOOW
W

'tsl'» cU.ii*,rt.&amp;^^v&gt;,Chairman
\\Ntserver4.0\m-720VResolutions\Rockefeller.res.wpd

Date

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