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                    <text>PLANNING BOARD MEETING
December 16,, 1999
The meeting was called to order by David Perlmutter, Acting Chair at 8:09 p.m.
Present:

Nicholas Cicchetti
Ed Napoleon
David Perlmutter
George Tanner

Absent

Nicholas Robinson, Chairman
Edward McCarthy

Also Present: Don Pennella
James Margotta
Brian Murphy (Village Attorney)
David Schiff (Saccardi &amp; Schiff, Inc)
Announcements: none
Original Agenda:
a)
b)
c)
d)

183 Valley Street
County House &amp; Bedford Road, LLC
Philipsburg Manor
Rockefeller Property - Rezoning Discussion

David Perlmutter stated that the agenda would be changed to reflect 2 cancelled items.
183 Valley Street and Philipsburg Manor are removed from this meeting agenda.
Revised Agenda:
a) County House &amp; Bedford Road, LLC
b) Rockefeller Property - Rezoning Discussion

a) County House Road David Perlmutter read a Resolution that declared the Planning Board to be the Lead
agency as of 12/16/99. George Tanner made a motion to approve. Ed Napoleon
seconded. It was approved unanimously.
Dave Schiff stated that a letter from Jerome Fine from the Fire Department was
forthcoming.
Dave Schiff stated that Dave Smith sent a letter to the applicant (Board received a copy)
on December 9, 1999 which recommended expansion of EAF to include additional items.

�Dave Schiff stated that there is a question concerning the retention basin and its
maintenance. The applicant will address.
The applicant stated that they want to use the application as a guide to ensure that they
are proceeding in the right direction. Nicholas Ci.cchetti read verbatim a paragraph that
stated that the intent of the expanded EAF document is to provide the Planning Board
with enough information to make a Notice of Determination. The EAF document will be
circulated for review and commented at a public hearing.
The applicant stated that they have no problem v/ith the public hearing on the EAF.
Dave Schiff stated that it could be the same hearing on sub-division and EAF.
The applicant inquired when the letter from the Fire Department would be available.
Dave Schiff stated that it should be received next month and the Public Hearing in
February.
The applicant stated that there is one correction to be made. The name of their company
should read LLC not LLP. This was corrected on the Resolution.
b) Rockefeller Rezoning Dave Schiff stated that before the Board is a Resolution that expresses the Planning
Boards views to the Village Board to re-zone the property from R3 to Rl. Additionally,
the recommendation of the initial areas to be re-zoned to a lower density. Dave Schiff
read verbatim a quote from a document that discussed that the area North of County
House Road expands an open space character that those areas be considered for a
minimum lot size in excess of one-acre preferable 2-4 acres minimum lot size.
Nicholas Cicchetti and George Tanner stated that the Boards recommendation was 4
acres.
Ed Napoleon made a motion to adopt the Resolution as amended. George Tanner
seconded. It was approved unanimously.
Other Topics:
There was an open discussion on concrete sidewalks and stone replacement issues.
There was an open discussion on escrow accounts and the payment process.
The minutes from last months meeting were accepted with no changes.
George Tanner made a motion to adjourn the meeting. Ed Napoleon seconded. It was
unanimously approved.
Adjourn to next meeting.

Planning Board Meeting, December 16, 1999

�Resolution of Recommendation
From the Village of Sleepy Hollow Planning Board
to
The Village of Sleepy Hollow Board of Trustees
WHEREAS, the Village of Sleepy Hollow Board of Trustees (the Village Board) has proposed to
rezone a portion of the Village from R-3 One Family Residence/Moderate Density to R-l One
Family Residence/Open Development; and
WHEREAS, the Village Board has specified that the proposed rezoning would affect properties
situated east of the Old Croton Aqueduct in the vicinity of Bedford Road, Weber Avenue, Fairview
Avenue and High Street in the Village of Sleepy Hollow; and
WHEREAS, the Village Board has referred this matter to the Village of Sleepy Hollow Planning
Board (the Planning Board) for their review and recommendation consistent with Section 62-53.B.
of the Village Zoning Code; and
WHEREAS, the Planning Board, at its December 6,1999 work session and at its regularly scheduled
meeting of December 16, 1999, did review in detail the proposed rezoning including a Full
Environmental Assessment Form (EAF) prepared by Saccardi &amp; Schiff, Inc., Village Planning
Consultants. The EAF indicated that the proposed rezoning would reduce potential density from
285±to33±lots;and
WHEREAS, at the December 16,1999 meeting the Planning Board did review correspondence from
the Village Planning Consultant. Such correspondence outlined different options including rezoning
the properties to R-l and applying the existing zoning standards, or rezoning the properties to R-l
and applying the clustering provisions as allowed under New York State Village Law; and
NOW THERE FOR BE IT RESOLVED, that the Planning Board offers the following comments and
recommendations for the Village Board's consideration:
1.

The proposed rezoning is consistent with both the adjacent R-l District in the Village of
Sleepy Hollow and the R-40 (40,000 square foot minimum lot size) and R-30 (30,000 square
foot minimum lot size) in the neighboring Village of Tarrytown;

2.

Many of the proposed parcels to be rezoned have steep slopes which present potential
development related constraints. The proposed rezoning would reduce the density, and thus,
potentially reduce the extent of impacts anticipated on steep slope areas;

3.

The Planning Board is concerned about potential traffic impacts on the surrounding road
system. The reduction in density leads to a related reduction in anticipated traffic impacts.
Based on Institute of Transportation Engineer Standards, it is anticipated that peak hour trips
would be reduced from 290± trips per hour under R-3 potential full build-out, to34± trips
1

�per hour under potential R-l full build out;
4.

The parcels proposed to be rezoned are adjacent to a Westchester County designated Critical
Environmental Area (Old Croton Aqueduct, Rockefeller State Preserve). Rezoning reduces
the potential for overall disturbance, see note 2 above, and reduces the maximum lot
coverage; 15 percent coverage for R-l compared to 30 percent coverage for R-3. Less
impervious surface area reduces potential runoff and its associated impacts;

5.

The reduced density allows for the preservation of additional open space. The Village's
Local Waterfront Revitalization Program identifies this area as being within the Upper
Village Scenic Subunit and the Sleepy Hollow Scenic Subunit. Less density, coupled with
a sensitive design approach, will reduce the potential visual impact within these viewsheds;
and, be it further

RESOLVED, that the Planning Board recommends that the Village Board authorize the Planning
Board to use the clustering provisions provided under Section 7-738 of the New York State Village
Law for future development proposals in this area; and, be it further
RESOLVED, that the Planning Board recommends that, where appropriate, the Village Board
coordinate with the neighboring Village of Tarrytown with respect to this action; and, be it further
RESOLVED, that the Planning Board recommends that those existing properties located north of
County House Road and north of the proposed rezoning, given their existing expanse and open space
character, be considered for a minimum lot size in excess of one acre, preferably four acres minimum
lot size with clustering as provided under New York State Village Law; and be it further
RESOLVED, that the Planning Board does positively recommend, in consideration with the
comments contained herein, that the Village Board consider all available methods which would
allow for a reduced density and sensitive design treatment utilizing the clustering provisions allowed
under New York State Village Law.

n
David Perlmutter, Acting GMairman
Village of Sleepy Hollow Planning Board

Date

\\Ntserver4.0\M-720VResolutions\R-3 Recommendation-rezoning - M-720.11.

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                    <text>NOU-01-199J

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914 761 3759

Sleepy Hollow, New York
February 18,1999

A regular meeting of the Sleepy Hollow Planning Board was held on Thursday,
February 18,1999 at 8:00 P.M. in the Village Hall, 28 Beekman Avenue, Sleepy Hollow,
New York.
PRESENT:

Nicholas Robinson, Chairman
David Perlmutter
Edward McCarthy
Ed Napoleon

ABSENT:

Benito Martinez
Betsy Sawyer-Gaylin
Nicholas Cicchetti

ALSO PRESENT:

James Margotta, Building Inspector
Janet Gandolfo, Village Attorney
David Smith, Village Planner
Office of Charles Manganaro, Village Engineer

1. DonatoDiFalco, 61 Sleepy Hollow Road, Braining Wall
Michael Sterlacti, Engineer represented the applicant. Mr. Sterlacci stated that his
clien; wishes to build a retaining wall at the site. The Village Engineer gave a report. Mr.
Donato stated that several trees were cut down at the site but he received a permit to
remove them.
Mr. Sterlacci agreed to drop the dry-welHo a lower grade in thefrontyard. He
also agreed that a fence should be built on top of the retaining wall because of the height
of thi••wall. Mr. Margotta advised him to apply to the Architectural Review Board for
approval of the fence design.
The Chairman inquired as to whether any of the neighbors intended on re-building
the retaining walls in the back of their properties. Mr. Donato stated that all of the
neighbors agreed to rebuild their walls but he doesnt want to wait for them to commence
the work.
The Chairman moved, seconded by David Perlmutter to approve the design for the
retaining wall subject to the following conditions: 1) the applicant would build 2 dry

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wells at the site; and 2) the applicant would obtain approvalfromthe ARB for the fence.
Motion for preliminary approval was granted pending formal resolution.
2. Nextel Communications, 701 North Broadway, Sleepy Hollow
The Board held a preliminary discussion with the applicant, represented by an
attorneyfromSchneider and Schneider, for approval for a special permit for a 12 panel
antennae to be located at the premises.
The Chairman requested the applicant submit a reportfromPhelps Hospital
regarding emissionsfromthe antennae, a report similar to the one submitted by Sprint.
The applicant stated thatthe pole is not visible from the south.
The Chairman expressed concern about the screening of the base facility and the
applicant stated that it would be a prefabricated stone aggregate finish.
The applicant agreed to bring in a sample to the next meeting.
The Board asked whether barbed wire will be used at the facility and the applicant
agreed that it was a good idea.
With regard to the trees at the site, only one dead tree will have to be removed.
The Board wanted further discussion in the application regarding security fencing
and screening of the base.
A morion was made by theChairman, seconded by Ed Napoleon, to declare the
Planning Board's intent to name itself lead agency for purposes of SEQRA. Motion
carried unanimously.
The applicant stated that he will bring in a sample of the fencing material for the
next Board meeting.
The applicant agreed to consider barbed wire on the top of the fencing.
Regarding trees, the applicant stated that only one (1) dead tree will have to be
removed for the project.
The Village Planner agreed to circulate the notices for lead agency for the next
meeting

•

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3. Application of Historic Hudson for Dredging
A preliminary discussion was held regarding the dredging of the pond at the
Restoration. Steven HuskiefromHuskie Engineering was present on behalf of the
applicant.
Mr. Huskie indicated that the pond contained no PCBs or other pesticides.
The dredging process will be hydraulic and is environmentally safe.
Mr. Huskie stated that approximately 20,000 cubic yards must be removed from
the por.d.
Mr. Napoleon moved, seconded by Mr. Martinez to hold a public hearing at the
March meeting.
4. Dar for Realty application - continuation
The Board discussed the formal resolution presented by the Village Planner and
agreed with theapplicant that a deed restrictioir was necessary with regard to the number
of lots ind accessfromFremont Road. The matter was adjourned to the March meeting.
The minutesfromthe-January, 1999 were discussed and approved with two (2)
correct ons: David Smith was present, not David Schiff, the office of Charles Manganaro
was"also present.
Respectfully submitted,
Janet Gandolfo

AjJL

\

V*5

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                    <text>NOU-01-1999

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Minutes
A regular meeting of the Planning Board of the Village of Sleepy Hollow was held on
January 21, : 999, at 8:00 p.m. in the Village Hall, 28 Beekman Avenue, Sleepy Hollow,
New York 10591.
Members present:

Nicholas Robinson, Chairman
Benito Martinez
Betsy Sawyer Gaylin
Ed Napoleon

Absent:

Nicholas Cicchetti
Edward McCarthy
David Perlmutter

Also present:

. .

Janet Gandolfo, Village Attorney
James Margotta, Building Inspector
David B. Sefeiff, Village Planner

The Chairman called the meeting to order at 8:10 p.m., noting the presence of a quorum and that
he would be /oting on all matters arising for the quorum.
1. The Board considered the formal approval of the resolution for the subdivision of the property
of David Rockefeller, previously considered. Upon advise from the Planner that the legends duly
appeared on the site plan, reciting that the subdivision was for estate planning purposes and not
development the Chair called for a motion on the final approval. On motion of Ed Napoleon,
seconded by 3etsy Sawyer Gaylin, the Board unanimously approved the subdivision resolution.
2. The Board considered the application of Danfor Realty Co. for a change in the lot line of 54
Fremont Roa j , in Sleepy Hollow Manor, Sleepy Hollow, set forth on a survey by Charles Riley
dated May 2S, 1998. Andrew J. Fiore addressed the Board, joined by Neil Whitehouse, the
current owne of parcel A on the survey. The lot line would add parcel B on the site plan to
parcel A, and thereby reduce the acreage of parcel C on the site plan. Mr. Fiore noted that the
NYS Depam lent of Transportation had sent a letter indicating that it would entertain a curb curt
application on Route 9, and that the parcel C had frontage on Route 9 and access on Fremont
Drive. The Village Planner advised that the lot line adjustment was a Type II action under the
NYS Environmental Quality Review Act, and it was noted that there was 40 feet alone Fremont
Road, which would be adequate for a driveway. The Village attorney noted that the lot line
change would be without prejudice to all legal requirements for eventual development of parcel
C and that the development of a single-family home on lot C would have to proceed on the basis
of the necciscry applications. The Planner and Mr. Napoleon asked that the survey include a
legends setting forth the final acreage of parcels A and C, resultingfromthe lot line change. Mr.
Whitehou e concurred in the application. On motion of Ed Napoleon, seconded by Benito
Martinez, the Board unanimously made the preliminary approval of the lot line change and asked

�NOU-01-1999

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the Planner to prepare a formal resolution for the approval, to be schedule for the next Board
meeting.
/

3. Trie Chair raised a scheduling matter regarding the Board's background preparation for
evaluating the potential redevelopment of the General Motors site. He noted that there were
public land uses to the north-east (Historic Hudson Valley), the Pocantico River and the Village
of Sleepy Hollow park to the north, and Kingsland Point Park to the north-west, and the Hudson
River to the west and south-west of the site. In addition, there is the Metro-North and Amtrak
and Conrail interests in the railway line, and the Westchester County sewer line, both transecting
the General Motors site. He proposed that presentations be scheduled by specialists on behalf of
the adjacent public land uses to the Planning Board for the purpose of better acquainting the
Board with the existing factual conditions and interests associated with these public uses. It was
agreed by consensus that such presentations would be useful. James Margotta indicated that the
he would provide each of the Board Members with the updated editions' of the Village Zoning
Code, and Janet Gandolfo indicated that copies of the bound LWRP would also be sent to each
Board Member, to facilitate their work on the Board.
4. There being no further business, the Chairman adjourned the meeting at 9:30 p.m.

%

Respectfully submitted,

Nicholas A. Robinson
Chairman and recording secretary pro tempore

THTQI

P 1

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PLANNING BOARD MEETING
March 18, 1999
The meeting was called to order by Nicholas Robinson, Chair, at 8:02 p.m.
Present:

Nicholas Robinson
Nicholas Cicchetti
Ed Napoleon
David Perlmutter
Edward McCarthy

Absent:

Benito Martinez
Betsy Sawyer Gaylin
Janet Gandolfo
James Margotta

Also Present: Don Pennella
4 Fremont Road.
This was a continuation from the February meeting. There were changes made to the
proposal as follows:
On page 1, the second "Whereas" paragraph should be changed to: "Whereas, the
Planning Board did meet with the applicant and the owner of the adjacent lot, Mr.
Whitehouse; and"
On page 2, the 4th "Resolved" paragraph should read: "The granting of the referenced
change in lot line is made with the understanding of applicant and Mr. Whitehouse that
both the Planning Board and the Building Inspector may review their determination at any
future application for development of the undeveloped portion of the site."
The last "Resolved" paragraph should be modified at the end as follows: "; and be it
further".
Mr. Cicchetti inquired if there were any more changes and did they re-draw the lot lines.
Discussion was then opened to the public. An audience member asked if that meant that
someone could build on that site. He was advised that the owner had adjusted the lot lines
so that only one house could be built on that site. The entrance to that property would
have to be from Fremont Road. Currently, 3 houses could be built on that lot but with
the change in lot lines, only 1 house could be built there. This is at the request of the
current owner and the owner of the adjacent lot.
Ed Napoleon made a motion to approve. David Perlmutter seconded. The motion was
carried unanimously.

Planning Board Meeting, March 18, 1999

�2

DeFalco Retaining Wall. (Continued)
Mike Stilochi. Lot on Sleepy Hollow Road. Changes showing both sections of the wall
are labeled along with which trees would be removed. The dry well has been moved away
from the house and graded to keep water awayfromthe foundation of the house. A 5
foot high fence by the retaining wall and they are to appear before the Architectural
Review Board next week.
There was some discussion concerning the height of the fence on the retaining wall and
the change in the elevation of the property. According to the owner the maximum height
of the wall would be 8 feet.
The discussion was opened to the public. No further comments were made.
David Perlmutter moved to make a negative sequa declaration, seconded by Ed Napoleon.
The motion was carried unanimously.
A resolution will be prepared approving the plan at the next meeting after presentation to
the Architectural Review Board.
Nextel Communication Tower. Public hearing. Presentation made by Robert Godioso,
Esq.; Snyder &amp; Snyder.
Initial approval was given in 1988 for a communication site located on the grounds of
Phelps Memorial Hospital (PMH). Nextel is proposing to erect 12 antennas and a 200
sqft storage unit. This is considered a local issue with no county issues pending.
There is one minor modification to the site plan, showing the footings for the storage
shelter going below thefrostline.
Presentation by Mr. Godioso: This is an application to have another communication array
near PMH for wireless communications. These antennas will be located 86' above ground
level, but below the other antennas already on site. This is a co-location as required by
current zoning code. The shelter will be covered in a composite material designed to
blend in with the surroundings.
Public comments: Sean Herpentz asked how long this communications array had been
planned and was informed that there was no lease agreement prior to late 1988. He was
also curious as to how much was being paid, which information was unknown.
The Chair asked Snyder and Snyder if there were plans for any further applications to
expand this site and was told there were no applications pending.
Planning Board Meeting, March 18,1999

�In response to Mr. Herpentz question, the Chair informed him that balloon tests had been
run to judge the visual impact and several people had been present. All those present were
satisfied that the view would not be unduly obstructed. Mr. Herpentz was also concerned
about the application, as the first tower application had been presented as a "one-off'
proposition. Mr. Godioso pointed out that that was before the zoning code required colocation of communications towers.
Robert Weiss of 2 Terrace Close pointed out that the balloon tests that were done
previously were done while the trees were still in full leaf and no one had had the
opportunity to see the view without the trees in full leaf. There was some discussion of
going back to do another site inspection. According to Mr. Cicchetti, the pictures that
were taken originally show that the balloon was visible only from Route 117. The Chair
pointed out that there would be less of an impact because the poles will be lower down
than the existing structure. Mr. Herpentz expressed his concern over future applications.
According to the engineer, some places have gone to the extent of putting branches on the
antennas in order to help them blend into the natural scenery. According to Robert
Godioso those are actually designed for that purpose and these antennas could not be
"retrofitted" for that purpose. He further pointed out that the antennas have to go above
the tree line in order to work properly. In this case the trees are almost the same height as
the antennas.
Public comments were closed.
A motion was made by David Perlmutter to make a negative Sequa declaration, that this is
an unlisted action, seconded by Ed Napoleon.
Nick Cicchetti asked if the 86' height is the maximum height or would that extend the
height of the original antenna, and was advised that they will not extend the height of the
original antenna. Mr. Cicchetti also suggested the possibility of a new balloon test before
the trees leaf out, as the public seems to have legitimate concerns.
It was pointed out that there would be no lighting of the structure or fencing. Any
resolutions entered will stipulate that there will be no lighting of the structures. The color,
hydroblue, was chosen for its low impact.
The Chair pointed out that the Village has made a determination that this is where the
communication antennas will go, and that a balloon test was already done. Pictures of the
previous test were shown to the Board and to the public.
A decision was made by the Board to further discuss the negative impact at a public
hearing next month. There was discussion of approving the application with the same
Planning Board Meeting, March 18, 1999

�4

conditions as previously with the additional provision that no lighting will be permitted on
the structure and they will camouflage the building to blend in. There will also be a fence
around this section to be connected to the previously erected fence.
To be continued next month.
Phillipse Manor Restoration dredging of mill pond.
A full environmental assessment form, wetlands survey and full application has been
submitted. Presenting are Jeff Carter, Historic Hudson Valley; Steve Huskey, engineer.
A brief presentation was made concerning the dredging of both the upper and lower mill
ponds, over a period of 3 years, to restore the site to DEC standards. An offsite property
is being looked at for deposit of the silt. None of the construction aspects have been
changed, only the dredging strategy.
The Chair asked what was the effectiveness of the dredgingfromthe lower pond, since
there is such a heavy silt load coming infromthe river, but notfromabove. Steve Huskey
pointed out that when the tide is low people can see "stuff* in the lower pond and that
needs to be cleared up.
Mr. Cicchetti said that the tree commission had met with HHV recently and a large
number of trees would be cut down. HHV will resubmit that so that the trees will remain
along the steep slope where the silt will be deposited. The trees will not be taken down
ahead of time so any plans submitted will be changed to reflect that. The Chair stated that
the Tree Commission will make that a requirement.
Ed Napoleon wanted to know how long the dewatering will take, since offsite removal
will not be a part of the original plan.
Continue the public hearing next month at the top of the agenda and with a new
administration in office. In addition, new certified mailings will be made in order to have
the public informed. Also there will be an analysis of the aquatic animal species submitted
before the next public hearing, complete with a literature review and a consultation with a
qualified naturalist concerning the impact of the dredging on the native species.
Adjourn to next public hearing.

Planning Board Meeting, March 18,1999

�4

recommend that the Board consider rezoning the parcels owned by the School
Board. This is also the area of the watershed for Andre Brook - less density will
cause less of a negative impact on the Andre Brook.
A motion was made by Ed Napoleon, seconded by Ms. Gaylin for a resolution to have
Mr. Schiffdraw up the recommendations for presentation to the Village Board recommending
the rezoning of the Wilson Park property from R-3 to R-l. The motion passed unanimously.

Mr. Napoleon then brought up the issue of curbing at the Rodrigues building on Route 9,
and that the Board had requested that granite curbing be used, and not just concrete. It was
decided that an inquiry would be made not just by the Building Inspector, but by another
inspector as well.

The following corrections were made to the March minutes:
Also present: David Schiff
Page 2, #3, second paragraph. The initial approval of the plan was made in 1998.
Page 3, second paragraph, Richard Weiss.
Last page, the applicant is Historic Hudson Valley; SEQRA misspelled.
Regarding the Nextel tower application, Mr. Perlmutter had stated to the
applicant that the Planning Board would not look favorably upon the applicant
returning in the future with another lawyer and another applicaiton for another
tower. If any further towers are to be installed, the support building will added to
the existing building or put underground.
Mr. Perlmutter made a motion, seconded by Mr. Napoleon, to approve the March
minutes as revised. The motion passed unanimously.
A work session for the waterfront planning has been scheduled for June.
Mr. Napoleon made a motion, seconded by Benito Martinez, to adjourn the meeting. The
motion passed unanimously.

Planning Board Minutes
May 20, 1999

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To: Members of the Planning Board
Firm: James Margotta

There will be no meeting of the Planning Board
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PLANNING BOARD
May 20, 1999
Present:
Nicholas Robinson, Chair
Nicholas Cicchetti
David Perlmutter
Betsy Sawyer Gaylin
Ed Napoleon
Benito Martinez

Absent:
Edward McCarthy
James Margotta,
Building Inspector

Also Present:
Robert Ponzini, Esq.
Village Counsel
David B. Schiff
Mark DeGennaro

Before the meeting was called to order, a statement was made by Mayor Zegarelli
regarding the rezoning of the: former L. Rockefeller property adjacent to Tarrytown. The Mayor
announced the formation of a joint committee between the two villages including both mayors,
the chairpersons of the respective Zoning Boards, Planning Boards, the Superintendent of
Schools and selected citizens to discuss the planning; of the various properties in the two villages
that are under consideration for development. The Mayor stated that the committee will have no
official standing and will act as and advisory committee to the various legislative bodies in the
two Villages.
For the record, the members of the Planning Board were sworn in by the Mayor.
The meeting was called to order, and the Agenda for the meeting was adopted.
1.

Historic Hudson Valley dredging of the mill pond at Phillipsburg Manor.

The Board received a letter from the State of New York giving no objection to the
Village Planning Board proceeding as lead agency for the project. ITie County of Westchester
also indicated that there are no County concerns and leaves the Village as lead agency.
This has been declared a Type 1 action under seqra.
David Perlmutter mvoed that the Planning Board be declared lead agency, seconded by
Nicholas Cicchetti. The motion passed unanimously.

Planning Board Minutes
May 20, 1999

�2

A statement was made by applicant that they have addressed each letter and issue as it
has presented itself, and they are in the process of responding to a letter from Parks and
Recreation and their concerns.
David Schiff stated that this is considered a Type 1 action as this property is considered a
critical environmental area. This does not necessarily mean that a foil EPA statement is
required.
The documentation previously submitted must be evaluated, given the types of impact
and no negative public comments, the letters received from other agencies and a letter from the
DEC of April 26, they have no objection to the preparation of a negative declaration statement.
Discussion ensued as to the preparation of one comprehensive application including
the environmental assessment form relative to potential impacts and all environmental reports
and some of the concerns listed by the parks department and DEC.
These documents then will be submitted once again to the Board for further comments,
or going through the strict process of preparing a full EAF, public comments, etc. Upon receipt
of the completed application and review of same by the Board, a negative declaration or
conditional negative declaration may be made depending on the review of that documentation.
The Chair advised the applicant that, under SEQRA, they need a packet of the proposal,
the reports they have received, the long form EAF, and a report from a qualified biologist as to
the impact on the marine life, along with enough supporting materials that there are no negative
impacts, including any archaelogical impacts, and an indication that they are in the process of
getting all the necessary permits. If it's ready for June, the Board can hear it at that time.
There was a concensus of the Board to receive the environmental documentation.
The public hearing was adjourned to next month.
2.

JCI Apartments - Clinton St. and Beekman Ave.

The public hearing was declared open. Notices were sent out and return receipts
collected and filed with the Building Inspector.
Sam Viera, architect, stated that no engineer reports have been submitted yet, and some
members of the Board had previously requested a site plan.
Presentation of the site plan was made by Mr. Viera. In particular, the issue of handicap
accessibility was addressed, with the discussion focusing on the use of a ramp or a lift to service
the two units designed for handicap accessibility. Mr. Viera requested the Board's opinion on
ramp vs. lift.

Planning Board Minutes
May 20, 1999

�3

Mr. Cicchetti asked about the code regarding elevators. Mr. Viera said he would check
into code requirements for the lift, from a six family housing project vs. a large commercial
building. Handicap adaptability is also a consideration with all electrical and hydrolic systems in
place until such time as a resident would require a lift be installed.
A rendering of plan with lift was requested which Mr. Viera will supply at the next
public hearing, along with the engineering reports.
Mr. Viera will prepare an elevation drawing with the lift and will continue the
engineering process for next month.
Mr. Viera was requested to bring the return receipt cards for the next public hearing.
Mr. Perlmutter moved the declare the Planning Board as lead agency on this project,
seconded by Betsy Sawyer Gaylin. The motion passed unanimously.
The public hearing was adjourned until June.

3.

Re-zoning of Wilson Park Property.

David Schiff reported on this issue. The Board of Trustees is proposing a rezoning of
this area from R-3 to R-l, which would be considered a Type 1 action as part of the property
abuts the Tarrytown Lakes area. A full EAF must be prepared. The Village Board is requesting
that the Planning Board provide them with their recommendations under Section 62-25(B)(3) of
the Zoning Code, which recommendations are required by June 15, 1999.
By rezoning this will reduce the density to approximately 9 lots. We believe that title to
the property has already transferred.
Discussion ensued.
1.

This would be a density similar to Tarrytown's zoning for that area.

2.

Less density will ameliorate the potential traffic problems.

3.

The slope in this area does not lend itself to a greater density.

4.

The school district's property adjacent should also be rezoned to R-l

5.

Give rationale for one side of Bedford Road to be zoned R-3 and the other side
R-l.
Municipal consistency; steep slope making development of a lesser density more
desirable; the traffic is already heavy; protecting the area; less density; and
Planning Board Minutes
May 20, 1999

�4

recommend that the Board consider rezoning the parcels owned by the School
Board. This is also the area of the watershed for Andre Brook - less density will
cause less of a negative impact on the Andre Brook.
A motion was made by Ed Napoleon, seconded by Ms. Gaylin for a resolution to have
Mr. Schiff draw up the recommendations for presentation to the Village Board recommending
the rezoning of the Wilson Park property from R-3 to R-l. The motion passed unanimously.

Mr. Napoleon then brought up the issue of curbing at the Rodrigues building on Route 9,
and that the Board had requested that granite curbing be used, and not just concrete. It was
decided that an inquiry would be made not just by the Building Inspector, but by another
inspector as well.

The following corrections were made to the March minutes:
Also present: David Schiff
Page 2, #3, second paragraph. The initial approval of the plan was made in 1998.
Page 3, second paragraph, Richard Weiss.
Last page, the applicant is Historic Hudson Valley; SEQRA misspelled.
Regarding the Nextel tower application, Mr. Perlmutter had stated to the
applicant that the Planning Board would not look favorably upon the applicant
returning in the future with another lawyer and another applicaiton for another
tower. If any further towers are to be installed, the support building will added to
the existing building or put underground.
Mr. Perlmutter made a motion, seconded by Mr. Napoleon, to approve the March
minutes as revised. The motion passed unanimously.
A work session for the waterfront planning has been scheduled for June.
Mr. Napoleon made a. motion, seconded by Benito Martinez, to adjourn the meeting. The
motion passed unanimously.

Planning Board Minutes
May 20, 1999

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                    <text>NOU-01-1999

15=11

SACCARDI 8, SCHIFF

914 761 3759

P.06/15

PLANNING BOARD MINUTES
April 15, 1999
•

The Planning Board unanimouslyre-electedNicholas Robinson as Chair of the Board.
Minutes of the previous meeting were unavailable.
Votes for Resolution to:

unanimous to approve 61 Sleepy Hollow Road
unanimous to approve Nextel co-location special permit

Resolution for Planning Board to be lead agency must wait 30 days until next meeting to
be declared while others are notified and given a chance to respond. No additional input has ben
given by the public.
JCI Apartments - Beekman &amp; Clinton Aves.
Preliminary hearing was held. There will be 6 parking spaces under the building, 2 of
which are designated handicapped. Mr. Cicchetti inquired as to any need for the village to enter
the back parking lot. Mr. Viera advised that the garbage would need to be carried out to the
front. No disturbance was forseen beyond Beekman Avenue.
Discussion was held about a ramp and how to disguise/hide it. Landscaping was
suggested as a means of hiding the ramp. Planning Board wants to see this ramp softened in
some way to be reflected in the plans. The ramp should start on Clinton Street in order to
expand planting area for screening. Mr. Viera suggested that the foundation color should match
the ramp concrete.
David Perlmutter requested that the revised plans be brought to the next meeting and then
schedule a pulbic hearing. Ihis matter will be kept open until all chnages have been made. Mr.
Margotta will put this matter on the agenda for May 20.
Q,

Resolution approved for changes to Danfortfe Realty lot line adjustment.

�//- [&amp;-'d
RESOLUTION
Adopted at the April 15,1999 Meeting
of the Village of Sleepy Hollow Planning Board

RESOLUTION:

Danfor Realty Lot Line Adjustment
OWNER:

Danfor Realty Co., LLC, 356 Manville Road,
Pleasantville, N Y . 10570

LOCATION:

4 Fremont Road

TAX MAP
DESIGNATION:

11-01B-004,006,0010,006A,005,004A

ZONING:

R-2A

WHEREAS, the Planning Board of the Village of Sleepy Hollow has reviewed an application
and supporting documentation submitted to the Village on or about April 1,1998 and submitted by
Danfor Realty Co., Inc. (the Applicant); and
WHEREAS, the Planning Board did review a survey of property and lot line adjustment
prepared by Charles Riley, Land Surveyor, dated May 29, 1998; and
WHEREAS, the subject property is located in anR-2Azone and has potential access to both
Albany Post Road (NYS Route 9) and Fremont Road; and
WHEREAS, the Applicant has requested that a lot line adjustment be made that would
increase the square footage associated with an existing dwelling lot (hereinafter referred to as Lot A)
from 23,2ll+\- square feet to 31,975+ square feet through the addition of an 8,764± s.f. lot
(hereinafter referred to as lot B), the remaining 36,603± square foot parcel is known as Parcel C; and
WHEREAS, the Applicant received correspondence from the State ofNew York Department
of Transportation dated December 8,1998, which indicated that the Applicant may apply for a permit
to install a curb cut onto Route 9. The correspondence further states that given the particular
roadway conditions for this section of Route 9, and as a matter of safety, access to Fremont Road
should be utilized; and
WHEREAS, on January 21, 1999, the Planning Board did meet with the Applicant and the
owner of the adjacent lot, Mr. Whitehouse, to review this matter further; and,

�Danfor Realty Lot Line Adjustment Resolution
Adopted: April 15, 1999
Page 2
WHEREAS, the applicant has indicated that a deed restriction exists, limiting the
further development on the undeveloped portion of the property, shown as Parcel C on survey of
property last revised January 27, 1999 to one single family residence. Further, the owners of both
properties have agreed that future development would occur principally on that portion of the site
know as tax lot 6A; and
WHEREAS, a copy of the deed restriction related to the aforementioned restriction on future
development is attached herewith; and,
WHEREAS, although access can be provided from both Fremont Road and Route 9, for
safety considerations the Planning Board discourages access out to Route 9 and all parties agree that
primary access for Parcel C shall be from Fremont Road; and,
NOW, THEREFORE, BE IT RESOLVED that the proposed action is a Type II action under
SEQRA; and be it further
RESOLVED, that the Planning Board has made a determination of no significant impact as
a result of the proposed action; and be it further
RESOLVED, that said Applicant has submitted a revised plan which indicates the changes
to the lot sizes resulting from the proposed action; and be it further
RESOLVED, that granting the referenced change in lot line is made with the understanding
of the Applicant and Mr. Whitehouse that both the Planning Board and the Building inspector may
review and make determination on any formal application for the undeveloped portion of the site; and
be it further
RESOLVED, that as a condition of the lot line change, the density of Parcel C shall be limited
to one single family residence;
RESOLVED, that the above referenced change in lot line is hear by granted.
PLANNING BOARD
VILLAGE OF SLEEPY HC
Nicholas Robinson, Chairman

\\Ntserver4.0\m\M-720\ResoIutions\DanforResolutionaltwpd

Date

�RESOLUTION
Adopted at the April 15,1999 Meeting
of the Village of Sleepy Hollow Planning Board

RESOLUTION:

SITE PLAN APPROVAL
PROPOSED:

Construction of a paving stone retaining wall on
existing vacant property

OWNER:

Donato DiFalco

LOCATION:

61 Sleepy Hollow Road

TAX MAP
DESIGNATION:

Sectionl7, Block 8, Lots 31

ZONING:

R-3 Residential

WHEREAS, the Plainning Board of the Village of Sleepy Hollow has reviewed an application
for site plan approval (the Application) pursuant to the Village Zoning Ordinance Article VIII, Site
Plan review, and to applicable laws and regulations considered pertinent to the Application, which
Application is for the construction of a retaining wall on an existing vacant property; and
WHEREAS, the Planning Board has reviewed the following materials:
1.
2.
3.
4.
5.

Site plan application, dated January 11, 1999, signed by Donato DiFalco.
Short Environmental Assessment Form, dated 1/11/99, signed by Donato DiFalco.
Site Plan/Detail, last revised 3/3/99, prepared by Michael R. Sterlacci, P.E;
Review memorandum dated 2/17/99 submitted by Charles Manganaro Engineers,
Village Consulting Engineers; and
Review comments submitted 2/18/99 from Saccardi &amp; Schiff, Inc. Village planning
Consultant

WHEREAS, the proposal was discussed before the Planning Board on February 18, 1998;
and
WHEREAS, the Applicant submitted a revised site plan dated 3/3/99 which responded to
those issues raised by the Planning Board, the Village's Building Inspector and the Village's
Engineering Consultant; 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:
1. Received an application fee;

�Donato DiFalco Resolution
Adopted: April 15, 1999
Page 2

*-

2. Causedfieldinspections to be made of the property and the surrounding area;
3. Requested, received and considered commentsfromthe Village Engineering Consultants
and the Building Inspector about the proposed project;
4. Requested, received and reviewed a Short Environmental Assessment Form in compliance
with the New York State Environmental Quality Review Act (SEQRA);
5. After review of thefieldconditions, staff recommendations and the EAF as well as the
other items noted above, has determined that the proposed action is an Unlisted Action and
Issued a Negative Declaration dated March 18, 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 the construction of a retaining wall as shown on the plan last revised 3/3/99, prepared by
Michael R. Sterlacci, P.E. 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 to show compliance with the following conditions, which endorsement
shall permit riling 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) ye;ir 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(s) for construction in accordance with
the approved plan(s):
1. The Applicant shall pay the Village of Sleepy Hollow all application review fees as noted
and required in Section 62-30(f) of the Village Zoning Code, as approved by the Village
Attorney.
2. In addition, the following shall be addressed:
A.
B.

Field inspection and certification of construction by design engineer.
The Applicant has agreed to install a fence on the top of the retaining wall, the
design of which shall be approved by the Architectural Review Board.

PLANNING BOARD
VILLAGE OF SLEEPY HOLLOW

6

\%&amp;^

Nicholas Robinson, Chairman

\\Ntserver4.0\m\M-720\Resolutions\Difalco.res.wpd

V

Date

�RESOLUTION
Adopted at the April 15,1999 Meeting
of the Village of Sleepy Hollow Planning Board

RESOLUTION:

SITE PLAN APPROVAL
PROPOSED:

Construction of a paving stone retaining wall on
existing vacant property

OWNER:

Donato DiFalco

LOCATION:

61 Sleepy Hollow Road

TAX MAP
DESIGNATION:

Sectionl7, Block 8, Lots 31

ZONING:

R-3 Residential

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 VIII, Site
Plan review, and to applicable laws and regulations considered pertinent to the Application, which
Application is for the construction of a retaining wall on an existing vacant property; and
WHEREAS, the Planning Board has reviewed the following materials:
1.
2.
3.
4.
5.

Site plan application, dated January 11, 1999, signed by Donato DiFalco.
Short Environmental Assessment Form, dated 1/11/99, signed by Donato DiFalco.
Site Plan/Detail, last revised 3/3/99, prepared by Michael R. Sterlacci, P.E;
Review memorandum dated 2/17/99 submitted by Charles Manganaro Engineers,
Village Consulting Engineers; and
Review comments submitted 2/18/99 from Saccardi &amp; SchifF, Inc. Village planning
Consultant

WHEREAS, the proposal was discussed before the Planning Board on February 18, 1998;
and
WHEREAS, the Applicant submitted a revised site plan dated 3/3/99 which responded to
those issues raised by the Planning Board, the Village's Building Inspector and the Village's
Engineering Consultant; 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:
1. Received an application fee;

�Donato DiFalco Resolution
Adopted: April 15, 1999
Page 2

2. Caused field inspections to be made of the property and the surrounding area;
3. Requested, received and considered comments from the Village Engineering Consultants
and the Building Inspector about the proposed project;
4. Requested, received and reviewed a Short Environmental Assessment Form in compliance
with the New York State Environmental Quality Review Act (SEQRA);
5. After review of the field conditions, staff recommendations and the EAF as well as the
other items noted above, has determined that the proposed action is an Unlisted Action and
Issued a Negative Declaration dated March 18, 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 the construction of a retaining wall as shown on the plan last revised 3/3/99, prepared by
Michael R. Sterlacci, P.E. 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 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(s) for construction in accordance with
the approved plan(s):
1. The Applicant shall pay the Village of Sleepy Hollow all application review fees as noted
and required in Section 62-30(f) of the Village Zoning Code, as approved by the Village
Attorney.
2. In addition, the following shall be addressed:
A.
B.

Field inspection and certification of construction by design engineer.
The Applicant has agreed to install a fence on the top of the retaining wall, the
design of which shall be approved by the Architectural Review Board.

PLANNING BOARD
VILLAGE OF SLEEPY HOLLOW

Nicholas Robinson, Chairman

\\Ntserver4.0\m\M-720\Resolutions\Difal&lt;x).res.wpd

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                    <text>PLANNING BOARD MEETING
October 21,1999
The meeting was called to order by Nicholas Robinson, Chair at 8:03 p.m.
Present:

Nicholas Robinson, Chairman
Nicholas Cicchetti
Ed Napoleon
David Perlmutter
Edward McCarthy
George Tanner

Absent

Benito Martinez
Don Pennella
James Margotta
Ed Lammers (Village Attorney)
David Smith (Saccardi &amp; Schiff, Inc)

Announcements:
1) Resolution of thanks and appreciation goes to Betsy Sawyer Gaylin. David Perlmutter
made a motion to approve. Ed Napoleon seconded. The motion was carried
unanimously.
2) Mr. George Tanner was announced as the newest member of the Planning Board.
3) Mr. Anthony DelVecchio was announced as the Recording Secretary of the Planning
Board.
4) The Chair stated that the Planning Board would start work sessions. There will be an
open meeting on the second Monday of each month.
Agenda:
a)
b)
c)
d)

JCI Apartments
County House &amp; Bedford Road, LLC
Philipsburg Manor
Agustin Triana

James Margotta announced that Agustin Triana was eliminated from this meeting's
agenda.
a) JCI Apartments.
The Chair asked the board for any questions or changes. David Smith's comment
was to include today's date to the top of the preliminary site plan.

�James Margotta asked if fees would be determined as per the code. Nicholas Cicchetti
made the comment that fees would be calculated by formula. The Chair confirmed
this comment.
Nicholas Cicchetti made a motion to approve. David Perlmutter seconded. The
motion was carried 4-0 without the Chair's vote.
b) Philipsburg Manor.
This was a continuation of a public hearing.
Mr. Jerome Fine commented that Philipsburg Manor goes through a dredging
operation every 15 years. Resolutions such as using existing village resources are
being evaluated to prevent future dredging projects. Jerry Fine also commented on
the embankment condition with a sewer pipe. The load on the pipe is a concern.
Applicant responded to the concern by stating that this sewer pipe has been
recommended for replacement. The pipe will also be covered by approximately 1
foot.
The Chair inquired about how dredging may impact any archeological sites.
The applicant responded that this has been researched and is not a concern.
The Chair commented that the site did change in the last month. This will be added
to the assessment.
Ed Napoleon made a motion to approve. David Perlmutter seconded. The motion
was carried unanimously.
David Smith inquired about the duration of the comment period. The Chair allowed
30 days.
The public hearing will continue at the next planning meeting.

c) County House Road.
Village Board held a public hearing and has authorized the Planning Board to use
cluster provisions. Clustering was approved and zoning was changed from R3 to Rl.
Mr. Bruce Lozito summarized the application.
The Chair inquired if the High School property was rezoned. Mr. Lozito responded
that they were separate.

Planning Board Meeting, October 21, 1999

�The plan indicated 11 lots under the rezoning. One modification was made. The
three lots on Bedford Road were changed to minimize the number of curb cuts. The
total amount of access points has been changed to three.
A trail has been added through this area to connect to the high school. The utility
plan was then presented. The utility/site plan followed. The 11 lot plan was
presented next. The R3 zoning plan was shown to compare to the Rl plan.
David Perlmutter made a motion to name the Planning Board as the lead agency. Ed
Napoleon seconded. The motion was carried unanimously.
It was noted that the EAF should be revised from R3 to Rl to reflect the rezoning.
Jerome Fine presented a letter dated October 19, 1999. This letter was provided to
the applicant and the Planning Board. It listed 13 items, which were comments from
a review meeting on the utility interface with the village. The items were presented in
detail to the Board and the applicant. The applicant will respond to this letter.
The Sleepy Hollow/Tarrytown combination lot plan was presented. This was a
tentative plan of how the two areas might look together.
The applicant had requested when to begin tree care. The applicant intends to meet
with the tree committee for further discussion. The applicant did not want to
commence work without all applicable permits. The tree care only involved some
maintenance.
The applicants inquired about approval of the trail through the development to the
high school. The Chair recommended that the applicants ask the school board. The
Board will support the decision of the school board.

Other Topics:
Owners of the Ginsberg property want to start discussion of their parcel. This will be
developed with the GM property. They will be invited to the work sessions to
express their concerns.
Adjourn to next meeting on November 18, 1999.

Planning Board Meeting, October 21, 1999

�*^w

RESOLUTION
Adopted at the October 21,1999 Meeting
of the Village of Sleepy Hollow Planning Board

RESOLUTION:

CONDITIONAL SITE PLAN APPROVAL
PROPOSED:

Construction of a six unit multi-family apartment
building

OWNER:

John Cabeca

LOCATION:

Southeast corner of Beekman Avenue and Clinton
Street

TAX MAP
DESIGNATION:

^
Section 16, Block \ Lots 21A

ZONING:

C-2 General 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 VIII, Site
Plan review, and to applicable laws and regulations considered pertinent to the Application, which
Application is for the construction of a three story six family building; and
WHEREAS, the Planning Board has reviewed the following materials:
1.

Site plan application, dated 3/17/99.

2.

Site plan for the subject site, dated 3/16/99, revised 4/29/99, 6/7/99, 6/28/99 and
7/7/99, prepared by SFV Design Inc.

3.

Initial drainage plan and drainage calculations, dated 6/10/99 prepared by Michael
R. Sterlacci, P.E. and submitted to the Village's Consulting Engineer on 6/11/99.

4.

Letter, dated 7/15/99, from Michael R. Sterlacci, P.E., regarding the necessary
capacity of water, sanitary and stormwater lines for proposed improvements.

5.

Landscape Plan, dated 6/7/99, prepared by SFV Design Inc.

6.

Short Form Environmental Assessment Form, undated, signed by John Cabeca.

7.

Coastal Assessment Form, dated 12/17/97, prepared by Samuel F. Vieira.

8.

Review memoranda from Charles A. Manganaro Consulting Engineers dated
4/15/99, 6/17/99, and 7/21/99.

1

�WHEREAS, the proposal was discussed by the Planning Board at public meetings held at
the Village Hall on 4/15/99, 5/20/99,6/17/99 and 7/15/99, 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 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:
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 Short Form 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 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 September 16, 1999 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 lot size variance from the Village of
Sleepy Hollow Zoning Board of Appeals; and
NOW, THEREFORE, BE IT RESOLVED that the said Application for site plan approval relative
to construction of a three-story six unit multi-family building as shown on the site plan, as revised
on 7/7/99 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 showr 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):
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.

Landscaping shall be provided as shown on the approved landscape plan dated
6/7/99. Trees to be provided as pail: of the landscape plan shall be a minimum of 3"
caliper.
2

�V

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.

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

6.

The Village's Department of Public Works shall review and approve the installation
and finish schedule for sidewalks and for curbs.

7.

As per the Village Code, the Applicant is required to appear before the Architectural
Review Board (ARB) for their approval of the proposed building. Prior to the
issuance of a building permit the Applicant is required to appear before the Planning
Board and provide details as to the ARB's determinations.

PLANNING BOARD
VILLAGE OF SLEEPY HOLLOW

'C*T JLl)
, Chairman

\\Ntserver4.0\m\M-720 Sleepy Hollow\Resolutions\JCI resolutions.wpd

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                    <text>Village of Sleepy Hollow
PLANNING BOARD MEETING
November 18,1999
The meeting was called to order by Nicholas Cicchetti, Acting Chair at 8:15 p.m.
Present:

Nicholas Cicchetti
Ed Napoleon
Edward McCarthy
George Tanner

Absent

Nicholas Robinson, Chairman
David Perlmutter

Also Present: Don Pennella
James Margotta
Ed Lammers (Village Attorney)
David Smith (Saccardi &amp; Setoff, Inc)
Announcements: none
Original Agenda:
a)
b)
c)
d)
e)

OCI (Omnipoint)
JCI (John Cabeca)
Laurentino Rodrigues
Philipsburg Manor
County House &amp; Bedford Road, LLC

The agenda will be changed to reflect a three-member Board. The fourth member is
expected to arrive later.
Revised Agenda:
a)
b)
c)
d)
e)

JCI (John Cabeca)
OCI (Omnipoint)
Laurentino Rodrigues
County House &amp; Bedford Road, LLC
Philipsburg Manor

a) JCI (John Cabeca)The Board is just listening to the request.
The Architectural Review Board has made corrections. These corrections are reflected in
the revised drawings.
The building has not changed in size and the parking has not changed but there are some
architectural changes.

�The only major change to the site plan was the locations of sidewalks and steps.
George Tanner stated that these changes before the Board are the changes that were
approved by the Architectural Review Board.
George Tanner stated that once conditions are met, JCI should get a building permit from
the Village through Jim Margotta.
Jim Margotta stated that items 1,2 &amp; 3 would be submitted anyway.
Calculations are to be sent to Don Pennella for review.
Mr. Cabeca stated that he would submit Engineered sealed drawings to the Village.

b) OCI (Omnipoint)Jason Seaburt (Attorney for OCI)
The application is to seek authorization to operate a wireless communication facility.
It is located on the grounds of Phelps Memorial Hospital. They propose to add an
additional antenna array that will extend the height and the crest 12' by way of a small
steel support rod. Also 2 radio cabinets will be added to the base of the structure.
This is necessary for OCI to provide cellular service (PCS) to Sleepy Hollow and
surrounding areas. A RF (Radio Frequency) engineering report was submitted with the
package. One cell site can't interfere with service provided by other cellular providers.
Nicholas Cicchetti inquired if OCI was changing the present fenced in area.
Mr. Seaburt responded that it would be modified to accommodate the equipment and
platform.
Nicholas Cicchetti stated that the total area appears to have about 800 square feet.
Mr. Seaburt responded approximately 800 square feet.
Don Pennella confirmed the calculations and stated that it was 800 square feet.
George Tanner stated that according to the application there are no parks or rivers. They
join a state park and the Hudson River. George Tanner inquired if this was just a
boilerplate or was a visual AF done.
Mr. Seaburt responded that a visual was performed.
George Tanner stated that the monopole was not visible from the river. George Tanner
also inquired if a balloon test was performed.

Sleepy Hollow Planning Board Meeting, November 18, 1999

page 2 of 8

�Mr. Seaburt responded that he did not know.
George Tanner inquired as to when the building inspector was notified. He also inquired
when were the residents notified.
Nicholas Cicchetti inquired about when was OCI going to get reactions about the height
of the pole from the Village residents. He also stated that NEXTEL was very thorough
during their application's presentation to the Board.
Nicholas Cicchetti stated that the Board would not be happy with extending the height of
the pole.
Mr. Seaburt stated that service was needed in this area without constructing a separate
tower structure.
Nicholas Cicchetti stated that a little more creativity was needed. He also stated that OCI
needs to come up with another alternative with 80' height.
Mr. Seaburt stated that there would be a drop in RF performance.
Nicholas Cicchetti inquired why would OCI propose this method.
Mr. Seaburt stated that they needed to show other alternatives.
George Tanner inquired if OCI was familiar with local laws concerning the height of
monopoles.
Mr. Seaburt responded yes.
George Tanner referred to maps 3 &amp; 5 that shows the only other elevation that can be
used to cover the same area would be from State Park.
The applicant responded that it was State Park and Rt. 117.
The applicant displayed a coverage map. They stated that coverage was not possible
from the other side.
George Tanner stated that there is a coverage gap in Braircliff and he inquired how did
OCI plan to cover that gap.
The applicant responded that they could cover Briarcliff through other areas.
George Tanner inquired if OCI could increase the power from other areas to provide
coverage.

Sleepy Hollow Planning Board Meeting, November 18, 1999

page 3 of 8

�The applicant stated that it was already at maximum power.
George Tanner stated that OCI could redirect 9002 and 0023D to cover the areas that
were mostly effected if the Board would approve 80' not 122'.
The applicant stated that trees were in the way.
George Tanner stated that the design is to hide it. He also stated that he was concerned
with the visual impact on the community.
Nicholas Cicchetti stated that there could be a problem transmitting because OCI can
choose the wrong point.
The applicant responded that this was the only point.
George Tanner stated that if you move a little further there are many points that are
higher.
The applicant stated that it would be very difficult to install the monopole in a State park.
George Tanner inquired as to what other sites were investigated.
Mr. Seaburt responded that he would find out.
Mr. Seaburt also stated that they are trying to demonstrate the following:
1)
2)
3)
4)

It is necessary for OCI provide coverage.
The height wouldn't impact or be aesthetically undesirable to the Village.
Alternative analysis
Tower is existing and that OCI's goals can't be accomplished by going below
122'.

George Tanner inquired if OCI placed another tower next to the 80' tower at 100' would
this satisfy their goals.
Mr. Seaburt responded that he didn't know.
Dave Smith stated that OCI should review the NEXTEL application since it was so
detailed.
Nicholas Cicchetti inquired if OCI was planning to re-route any trees.
Mr. Seaburt responded only as shown in the application.
Dave Smith stated that the Chair (not present) had two comments:
1) Who owns the monopole? This was unclear after three applications.

Sleepy Hollow Planning Board Meeting, November 18, 1999

page 4 of 8

�Mr. Seaburt responded that the successors to Bell Atlantic (NEXTEL) are the
owners.
George Tanner inquired if the pole becomes obsolete, will OCI remove their
equipment.
2) Do you need a letter from Phelps Memorial on its impact on the hospital?
Mr. Seaburt responded that they have a safety analysis.
Dave Smith inquired if OCI has thought of using hospital facilities. Some of the
buildings at Phelps Memorial are comparable in height to the tower.
The applicant responded that trees blocked them.
Don Pennella stated that they need a new proposal.
Mr. Seaburt stated that there was confusion on the local ordinances. 6216.IB
Ed Lammers stated that he would look into it.
Ed Lammers and Mr. Seaburt will speak and the application will be amended.
Mr. Seaburt stated that OCI has a structural analysis and a safety analysis already. OCI
will incorporate the Boards comments and look at the NEXTEL application before
presenting this information to the Board for the next review.
c) Laurentino RodriguesAll parties on this application left the meeting. Nothing was presented.
d) County House RoadDave Smith stated to the Board that the notice of intent to act as lead agency was
circulated. Only one correspondence has been received to date. The Board will wait
until next month before naming itself lead agency.
The applicants submitted 2 reports:
1) cultural resource (pre-historic)
2) sub-surface investigation (identification of rock on-site)
This was part of the Expanded Environmental Assessment form.

Sleepy Hollow Planning Board Meeting, November 18, 1999

page 5 of 8

�Dave Smith stated that once the Board declares itself the lead agency, the notice of
determination on whether an impact statement is required or not will be made. It is a
record set of fact that the Board will need to determine a coarse of action
Dave Smith stated that in response to the memo, they have tried to address some of the
design issues. This reflected some of the comments made by the Village Board. The
Village Board re-zoned the property from R3 to Rl.
Dave Smith stated that some of the issues that the Village Board did not want to have
modified were the building height, floor area ratio, gross development coverage of the lot
and the lot size. The lot size has remained at 30,000 sq. ft.
The proposed lot size range from 32,000-54,000 sq. ft.
An item has been raised from the memo: expansion the open space components on the
plan, which include:
1) The oversized lot indicated on the plans. This could accommodate some of
the open space concerns.
2) The other lots along County House Road. It has a rustic feel that the Village
wants to retain.
The applicant responded that they would be expanding the amount of vegetation on
County House Road.
Nicholas Cicchetti stated that tree conservation should be taken into consideration. The
landscape plan should be combined with tree preservation. All trees should be labeled on
the map. This would assist the tree commission to evaluate the type of trees to be
removed and those that should remain.
The applicant stated that there is possibly 20% open space.
Dave Smith referred to an earlier memo concerning roads and driveways. The Board
wants to try to stay away from over-paving. Dave Smith also expressed some concern
about the driveways on lots 9, 10 &amp; 11. He stated that there was some concern regarding
the width of these driveways. The driveways are 16' wide.
The applicant responded that there is enough room to maneuver emergency vehicles as
well as sanitation.
Dave Smith also stated that the Village Board as well as the Planning Board is concerned
about the number of curb cuts on County House Road. They want to reduce it to two (2)
curb cuts. He also stated that the Village was concerned about the development of the
Tarrytown portion of this property.

Sleepy Hollow Planning Board Meeting, November 18, 1999

page 6 of 8

�The applicant showed a proposed site plan of combining the areas. It showed two parcels
that are owned in Tarrytown along with the 11 lots on County House/Bedford Road. It
showed a possible configuration for roads and driveways.
George Tanner stated that the moratorium would eliminate the need for three curb cuts.
Jim Margotta inquired if the applicant was before the Tarrytown Board.
The applicant responded that they are unable to appear before the Board due to the
moratorium.
Tom Julius (applicant) stated that currently it was undetermined how the parcels would
be worked on. Each parcel can stand-alone. One or more parcels can be done at the same
time.
George Tanner inquired if the road between 1 &amp; 6 is an existing private road.
The applicant responded yes.
Dave Smith stated that the cul-de-sac on the new plan would eliminate two curb cuts.
There is one curb cut needed on Bedford Road and the existing curb cut on County House
Road would be utilized.
Don Pennella inquired if the applicant had made provisions for stopping a thoroughfare
near the reservoir.
The applicant responded that the road is not really used.
George Tanner stated that the people on Wilson Park Drive use the road frequently.
The applicant stated that the school superintendent walked on the open parcel and the
high school property with the applicant. The applicant is awaiting the school
superintendent's decision on the location of the trail through the area.

d) Philipsburg Manor A motion was made to open the public hearing.
George Tanner made a motion to close the public hearing. Ed Napoleon seconded. It was
unanimously approved.
Dave Smith stated that the comment period ends on November 30th. The applicant is
advised to respond to all comments received and appended to the full EAF. At that time,
the Board will be ready to make a notice of determination on the application.

Sleepy Hollow Planning Board Meeting, November 18, 1999

page 7 of 8

�The applicant inquired if that could possibly happen.
Dave Smith stated that the applicant needs to respond to all comments and the notice of
determination could be approved in January.
Other Topics:
The minutes from October 21,1999 were reviewed by present members. There is one
comment. In the section entitled Other Topics: Ginsberg property should be
changed to Cooney.
George Tanner made a motion to adjourn the meeting. Ed Napoleon seconded. It
was unanimously approved.
Adjourn to next meeting.

'UAJ

Sleepy Hollow Planning Board Meeting, November 18, 1999

page 8 of 8

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