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                    <text>RECEIVED
VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING
September 19,2002

QQf - g 2002

VILLAGE CLERK
The meeting was called to order at 8:03p.m. by Nicholas Robinson, Chairman. The Cfc*air
noted that a quorum was present.
Present:

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

Absent:

Ed McCarthy
Dorota Szwem-Kopczynski

Also Present:

Dave Smith (Saccardi &amp; Schiff/Village Planner)
Dan Pennella (Charles A. Manganaro/Village Engineer)
Anthony DelVecchio (Recording Secretary)
Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Bob Stiloski (Director, Department of Fire and Life Safety)

/
lO/f

Announcements:
The Chair stated that parking for Planning Board members would be discussed at the end
of the meeting.
Agenda;
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)

Douglass Hill sub-division
SMSA/ Verizon Wireless
GEISAVireless Location Study
Omnipoint
Karl Dibble
Ichabod's Landing
Antonio Rodrigues
Laurentino Rodrigues
Kendal on Hudson
Monopole permit application status
McMansions zoning
Other Business
Minutes

David Perlmutter made a motion to adopt the revised agenda. George Tanner seconded.
It was unanimous (5-0).

I/O

c^

�1) Douglass Hill sub-division Andy Tung is representing this application along with John Marwell.
Andy Tung explained the proposed sub-division. He spoke about the one-acre driveway
to be added to lot "A". He spoke about the proposed easement and covenant. He spoke
about the no disturbance zone to protect the view from Kykuit. He also spoke about the
pedestrian easement to maintain the existing trails.
George Tanner asked if the entire parcel could be placed in a no disturbance zone.
Andy Tung responded that the proposed parcels would be for residential use.
Nicholas Cicchetti asked about the Waterfront Advisory Committee's decision
concerning LWRP policies 5 and 5(b).
Andy Tung spoke about the future use of Gory Brook Road and its maintenance.
The Chair asked if the covenant would be recorded at the same time as the sub-division.
Andy Tung responded yes.
Dave Smith stated that any future sub-divisions must come before the Planning Board.
The Chair opened the public hearing.
Since there were no public comments, George Tanner made a motion to close the public
hearing. David Perlmutter seconded. It was unanimous (5-0).
The Chair read the draft Resolution aloud for the record.
Ed Lammers stated that a copy of the covenant should be added to the Resolution.
Nicholas Cicchetti made a motion to adopt the Resolution as amended. George Tanner
seconded. It was unanimous (5-0).

2) SMSA/ Verizon Wireless Leslie Snyder is representing the application on behalf of Verizon/SMS A. She stated that
she has met with the Village Trustees and they have agreed on a lease.
The Chair asked if she had seen a copy of the draft Resolution.
Leslie Snyder responded yes.
Planning Board Meeting, September 19,2002

2

�The Chair stated that the application conforms to the Village Code by not abutting a
residential district. He also stated that this location has the least impact on the Beekman
Avenue corridor and which provides the applicant with adequate coverage.
The Chair asked the Village consultants if they had any comments on the amended
application.
There were none.
The Chair read the draft Resolution aloud for the record.
George Tanner made a motion to adopt the Resolution. David Perlmutter seconded. It
was unanimous (5-0).
The Chair thanked Snyder &amp; Snyder and Verizon for their patience with regards to this
application.

3) GEIS/Wireless Location Study The Chair asked if there were any public comments.
Jeffrey Anzavino (Scenic Hudson) spoke. He stated that he has prepared a small
presentation concerning cell towers. The presentation consisted of the impacts of cell
towers on municipalities and it reviewed the different types of wireless facilities
available.
The Chair thanked Jeffrey Anzavino for his efforts.
The Chair spoke about the scoping outline. He stated that the Village is looking for a
systematic approach for allowing cellular companies to provide service to the Village.
The Chair read the Resolution aloud for the record.
George Tanner made a motion to adopt the Resolution. David Perlmutter seconded. It
was unanimous (5-0).
The Chair stated that once the DEIS is submitted to the Board, a public hearing will be
scheduled.

4) Qmnipoint Mike Peters is representing Omnipoint on this application.
Planning Board Meeting, September 19,2002

3

�Mike Peters spoke about Omnipoint's application at 95 Beekman Avenue. He stated that
his client would like to seriously look into changing the location to 28 Beekman Avenue.
George Tanner asked if Omnipoint's technology would work with a monopole structure.
He also asked if Omnipoint's technology would work with other applicant's at Village
Hall.
Mike Peters responded that he would look into it.
David Perlmutter asked Mike Peters to come back to the Board with the visual impact to
Village Hall.
Mike Peters responded that he would provide all necessary documentation that the Board
requires.
The Chair informed Mike Peters to contact the Village Administrator concerning a
possible lease agreement.

5) Karl Dibble Richard Blancato is the attorney representing this application along with Karl Dibble.
He stated that based on last meeting's progress, the Board would be in a position to adopt
the draft Resolution this evening.
David Perlmutter stated that the applicant was supposed to remove trucks from the
property and has not done so. He stated that he is against voting for the Resolution this
evening. He stated that he wants the Village to take action to correct the problem.
Richard Blancato responded that the bus on the property has been sold and Karl Dibble is
waiting for the new owner to have it towed.
George Tanner stated that three (3) months have passed since the applicant was asked to
have the property cleared of vehicles not associated with his property.
Richard Blancato responded that the applicant is currently in court. He stated that as per
the agreement with the court, Karl Dibble would have the vehicles removed before the
next court date. He also stated that the Board could place conditions on the Resolution.
George Tanner stated that he has no faith that the applicant will adhere to the conditions
on a Resolution.
Ed Lammers stated that the Resolution needs four (4) yes votes in order to pass.
The Chair read the Resolution aloud for the record.
The Chair asked if the Board had any comments.
Planning Board Meeting, September 19,200?

4

�There was an open discussion on the parked and stored vehicles on the property.
David Perlmutter wants the signage and parking issues addressed.
George Tanner made a motion to have the Resolution voted on tonight.
David Perlmutter seconded.
The motion was disapproved by a 2-3 vote (Chair, Cicchetti, Napoleon).
The Chair stated that the Resolution would be carried over to the next meeting. He also
stated that the applicant should speak to the Village attorney and try to resolve the
Board's concerns.
David Perlmutter stated that the trucks should be removed immediately.

6) Ichabod's Landing The Chair stated that the Planning Board is an interested agency in this application. He
stated that the Village Trustees are the lead agency. He stated that the Board has had
previous informal discussions with the applicant.
Henry Hocherman is the attorney representing this application along with Bruce Lozito.
Henry Hocherman stated that they are here tonight to keep the Board updated on the
status of the application.
Dave Smith stated that the property is in the Riverfront. He also stated that the Planning
Board is an involved agency. He stated that the Planning Board would make final site
plan approval.
The Chair stated that comments could be submitted until October 9, 2002.
Bruce Lozito gave an overview of the proposed project via a site plan. He spoke about
the number of residential units that would be created. He spoke about emergency vehicle
access and other various planning concepts that were used to develop the site plan. He
spoke about the building's exterior details.
George Tanner asked if the applicant has spoken to the GM developer concerning the
possible construction of an additional roadway to the GM site.
Bruce Lozito responded yes. He stated that he has spoke to the GM developer at length
concerning the entrances to both properties and how they would mesh together.
Planning Board Meeting, September 19, 2002
5

�The Chair stated that the Board would prepare comments for the applicant.

7) Antonio Rodrigues Sean McCarthy is the project architect and is representing this application.
Sean McCarthy discussed the original proposal from 1996. He stated that the applicant
did not complete the project due to cost overrun. He discussed the traffic flow in and out
of the proposed site with relation to the existing commercial building. He discussed the
drainage for the complete site. He also discussed the landscape plan.
The Chair asked if there was an underground storage tank on site.
Sean McCarthy responded that it was abandoned.
The Chair asked about the contents of the tank.
Sean McCarthy responded that he did not know.
Antonio Rodrigues stated that the previous tenant was not a filling station.
George Tanner stated that the tank could have contained hydraulic fluid.
Dave Smith asked if a phase 1 or phase 2 environmental report was completed.
Sean McCarthy responded that he did not know.
George Tanner made a motion to act as the lead agency. Nicholas Cicchetti seconded. It
was unanimous (5-0).
The Chair stated that a traffic analysis is required.
George Tanner asked if any blasting would be performed.
Sean McCarthy responded that based on the boring samples taken that blasting would not
be required.
Nicholas Cicchetti asked if the zoning requirements had been met.
Sean McCarthy responded yes.
This was adjourned to the next meeting.

8) Laurentino Rodrigues Vitali Santo is the project architect. He is representing the application along with
Laurentino Rodrigues.
Planning Board Meeting, September 19, 2002

6

�The Chair asked if an application has been filed.
Dave Smith responded yes but it is incomplete.
The Chair stated that the applicant would be allowed to very quickly summarize the
project since the application is incomplete.
Vitali Santo briefly summarized the project. He discussed the proposed parking plan.
George Tanner asked about the number of units to be created.
Vitali Santo responded nine (9).
George Tanner asked about the number of bedrooms.
Vitali Santo responded thirteen (13).
The Chair stated that this application would be resumed once a completed application had
been filed with the Building Department.

9) Kendal on Hudson Andy Tung is representing this application. He stated that he is before the Board tonight
to respond to two (2) conditions in the site plan approval.
1) Roof drainage system and roof penetrations.
2) Garage facade.
Andy Tung stated that gutters would be used around the property. He stated that the
gutters would connect into drainage piping.
Andy Tung spoke about the mechanical equipment on the roof. He also spoke about the
roof vent piping penetrations.
Andy Tung spoke about the parking facade.
The Chair asked why the rock facade was not being used on the lower garage floors.
Andy Tung responded that the vegetation would hide it.
Ed Napoleon asked if the well for the cooling towers would be open.
Andy Tung responded yes. He stated that it would have a safety fence installed on three
(3) sides.
Dave Smith asked if there was anything else that could attenuate the sound of the cooling
towers.
Planning Board Meeting, September 19,2002
7

�Andy Tung stated that the sound is being attenuated at the intake and at the exhaust.
The Chair stated that this would be carried over to the next meeting so that the Village
consultants could properly review.

10) Monopole permit application status Ed Lammers stated that Omnipoint was performing calculations as to the actual height of
the monopole.
Mike Peters (attorney representing Omnipoint) stated that he has not received the results
as of yet.
The Chair spoke about ways to provide adequate coverage without a monopole. He also
spoke about protecting the Kykuit view shed.
The Chair stated that a meeting needs to be scheduled between the monopole proprietor
and the occupants to discuss necessary corrections.

11) McMansions zoning The Chair stated that he has received a letter from Westchester County stating that they
have no concerns on this matter.
Dave Smith stated that it is on the Waterfront Advisory Committee's agenda for their
next meeting. He stated that the Trustees could adopt it at their October 8, 2002 meeting.

12) Other Business The Chair stated that another letter needs to be sent to the Village Trustees concerning rezoning the Rockefeller property from one (1) acre to five (5) acres.
Dave Smith will send another letter to the Village Trustees repeating the Planning
Board's recommendation.
The Chair stated that he received a letter from Daniel Beaton concerning the Tappan
Motors property.
Bob Stiloski stated that he would speak to TomehVs gas station concerning parking at
the gas station for the Board members.
Planning Board Meeting, September 19,2002

8

�13) Minutes •
The minutes for July 2002 will be reviewed at the next meeting.
George Tanner made a motion to adjourn. Nicholas Cicchetti seconded. It was
(5-0).
Adjourned at 10:47 p.m.
Respectfully Submitted,

(^QkuP^mL
Anthony Del Vecchio

Planning Board Meeting, September 19,2002

�VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD
RESOLUTION
Adopted at the September 19,2002 Meeting
of the Village of Sleepy Hollow Planning Board
RESOLUTION:

SPECIAL PERMIT APPROVAL

PROPOSED:

EJusfe*Mounted Antennas and Related Equipment at the Top
Of 28 Beekman Avenue

APPLICANT:

New York SMSA Limited Partnership
d/b/a Verizon Wireless

LOCATION:

28 Beekman Avenue
Sleepy Hollow, New York

WHEREAS, the Planning Board has reviewed the following materials:
1.

Special Permit Application dated October 30,2001, submitted on behalf of
the applicant by Leslie Snyder of the law firm Snyder &amp; Snyder LLP
containing:
A.
B.
C.
D.
E.
F.
G.
H.
I.

Verizon Wireless' FCC License;
Health and Safety Engineers Report from Scinetics Corporation
prepared on or about September 26,2001;
Radio Frequency Engineer Report prepared by Michael Primich
dated October 30,2001;
Structural Engineers Report prepared by A. Reginatto Consulting
Engineer P.C. dated October 30,2001;
Site Plan drawings prepared by H2M Group, dated October 31,
2001;
Short Form Environmental Assessment Form prepared by Snyder &amp;
Snyder LLP dated October 31, 2001;
Long Environmental Assessment Form with Visual EAF Addendum
prepared by Snyder &amp; Snyder LLP dated October 31,2001;
Coastal Assessment Form prepared by Snyder &amp; Snyder LLP dated
October 31, 2001;
Engineering reports prepared by Lawler Matusky &amp; Skelly,
Engineers, LLP, the Village's Radio Frequency Engineer for the
project, dated December 19, 2001 and January 15, 2002; and

�2.

Review Memoranda from Saccardi and Schiff, Inc., Village Planners, dated
November 9, 2001, and from Charles Manganaro Consulting Engineers,
dated November 14,2001;

3.

Letter dated July 8,2002 from Snyder and Snyder providing coverage maps
with facilities being installed on the roof of 28 Beekman Avenue;

4.

Letters dated August 14,2002 and August 21,2002 from Snyder and
Snyder;

5.

Letter dated September 4,2002 from Snyder and Snyder containing an
alternative application to install panel antennas and related communication
facilities to the roof of 28 Beekman Avenue as an alternative to its
application to install the communication facilities to the roof of 95
Beekman containing the following materials:
A.
B.
C.
D.
E.
F.
G.
H.

Memorandum in support of its alternative application prepared by
Snyder &amp; Snyder LLP dated September 4,2002;
Radio Frequency Engineer Report and affidavit prepared by Michael
Primich dated July 2, 2002;
Radio-frequency analysis prepared by Paul A. Testagrossa, RF
Engineer, Bell Laboratories dated September 3,2002;
Visual Analysis prepared by Creative Visuals, Inc. &amp; Virtual Real,
Inc., dated August 12,2002;
Site Plan drawings prepared by H2M Group, dated August 28,2002;
Short Form Environmental Assessment Form prepared by Snyder &amp;
Snyder LLP dated August 16, 2002;
Long Environmental Assessment Form with Visual EAF Addendum
prepared by Snyder &amp; Snyder LLP dated August 16,2002;
Coastal Assessment Form prepared by Snyder &amp; Snyder LLP dated
August 16,2002;

6.

Memorandum of Lawler Mutusky &amp; Skelly Engineers dated September 11,
2002;

7.

Revised Radio-frequency analysis prepared by Paul A. Testagrossa, RF
Engineer, Bell Laboratories dated September 17, 2002;

8.

Letter dated September 18, 2002 from Snyder and Snyder;

9.

Letter prepared by Michael Musso, Lawler Mutusky &amp; Skelly Engineers
dated September 19, 2002;

�WHEREAS, the proposals were discussed by the Planning Board at public
Meetings held at Village Hall on November 15,2001, December 20,2001, January 17,
2002, February 21, 2002, March 21,2002, April 18,2002, May 16,2002, June 20, 2002,
July 18,2002 and September 19,2002 at which times those wishing to be heard were
given the opportunity to be heard; and
WHEREAS, The Village of Sleepy Hollow Waterfront Advisory Committee
(WAC) reviewed the applications at their December 5,2001 and September 4, 2002
meetings and found the application to install the facilities at 28 Beekman to be consistent
with the goals and objectives of the Village's Local Waterfront Revitalization Plan; and
WHEREAS, the Planning Board commenced a public hearing at their March 21,
2002 meeting, and closed the public hearing at the April 18,2002 meeting; all those
wishing to be heard at the public hearings were given the opportunity to be heard; and
WHEREAS, the Planning Board having reviewed Verizon's application to install
the facilities to the top of 95 Beekman Avenue and having determined pursuant to
Village Code §62-22.2 that the building located at 95 Beekman abuts a residential
district, and that adequate coverage could be achieved by siting the facility at 28
Beekman Avenue, a lot which does not abut a residential district;
WHEREAS, the Planning Board also having determined that the installation of
the facilities on top of 28 Beekman complies with §62-22.2E(2) which states that "the
siting of communication facility on property owned by the Village of Sleepy Hollow
shall be encouraged";
WHEREAS, on September 17,2002, the Board of Trustees having passed a
resolution authorizing the Mayor of Sleepy Hollow to enter into a lease to install the
communication facilities to the roof of 28 Beekman (the "Lease") subject to Planning
Board approval, Architectural Review Board approval, a determination under SEQRA
with respect to the Lease and review and approval of the Village Attorney;
WHEREAS, in the course of its review, 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 surrounding areas;

3.

Requested, received considered comments from the Village Planner,
Village Engineering Consultants, Department of Fire Life Safety about the
proposed project;

�4.

Requested, received and reviewed Short and Long Environmental
Assessment Form 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 Short Environmental Assessment Form as well as other items noted
above, has determined that the proposed action will not have a significant
adverse effect on the environment and that an environmental impact and
that an environmental impact statement will not need to be prepared.

NOW, THEREFORE, BE IT RESOLVED, that the said application for special
permit approval relative to the installation of antennas and related facilities to the top of
the existing building at 28 Beekman Avenue as shown on the site plan prepared by H2M
Group; dated August 28,2002, 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 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 year after the date of this resolution if the following modifications and
conditions have not yet been completed to the satisfaction of the Planning Board and the
Applicant has not obtained the required building permit or permits for the construction in
accordance with the approved plan(s):
1.

Prior to the issuance of a building permit the Applicant shall pay the
Village of Sleepy Hollow all application and review fees as required by the
Village Code, as approved by the Village Attorney.

2.

Prior to the issuance of a building permit the Applicant shall appear before
and obtain an approval from the Architectural Review Board.
*

3.

The Applicant is to provide a structural engineers report certifying the
structural integrity of the proposed communication facilities.

4.

The Applicant shall post a bond in an amount to be determined by the
Village Engineer pursuant to Village Code Section §62-22.2(0) and/or as
determined by the Village Administrator on advice of the Village Engineer.

5.

The granting of this permit is subject to the approval and execution of the
Lease by the Mayor on behalf of the Board Trustees.

�6.

The Applicant shall comply with all applicable Federal, State and Local law
with respect to the installation, modification and/or removal of the
facilities.

BE IT FURTHER RESOLVED, that the Planning Board expresses its concern
that the subject property not become overburdened with excessive and unsightly
telecommunications facilities and that this Resolution should not be construed as
precedent for future applicants to install telecommunications facilities at this site.

PLANNING BOARD
VILLAGE OF SLEEPY HOLLOW

, Chairman

Date

/•
LAST REVISED 9-I9-02

�RESOLUTION
Adopted at the September 19,2002 Meeting
of the Village of Sleepy Hollow Planning Board
RESOLUTION:

Negative Declaration and Final Subdivision Plat Approval of Parcel known as
Section 115.08, Block 1, Lot 2

PROPOSED:

Subdivision of an existing 56.9± acre parcel into two lots, Lot A consisting of
±33.3 acres, Lot B of ±22.2 acres. The application also includes the transfer
of 1.4± acres to the owners of two existing adjoining parcels (115.08-1 -35 and
115.08-1-36) and the transfer to Lot A of ±1.0 acres of land from David
Rockefeller, the owner of property immediately to the north, under an existing
driveway that will serve Lot A.

OWNER:

David Rockefeller Fund

LOCATION:

West of Webber Avenue

TAX MAP
DESIGNATION:

Part of Section 115.08, Block 1 Lot 2

ZONING:

R-l

WHEREAS, the Planning Board of the Village of Sleepy Hollow (the Planning Board) has
reviewed a preliminary plat application dated June 5,2002, including long environmental assessment
form and preliminary subdivision map submitted on behalf of the David Rockefeller Fund (the
Applicant); 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, Planning Board, after finding the application to be complete, did direct the
Applicant to appear before the Village of Sleepy Hollow Waterfront Advisory Committee (WAC) for
a consistency review with respect to the goals and policies outlined in the Village's Local Waterfront
Revitalization Plan (LWRP); and
WHEREAS, the WAC, at its July 2002 meeting did review the application and found it to be
consistent with the goals and policies outlined in the LWRP; and
WHEREAS, at its July 18, 2002 meeting, the Planning Board did approve the preliminary
subdivision plat and directed the Applicant to circulate the preliminary subdivision plat to a list of
interested and involved agencies as outlined in Chapter 78-7 of the Village's Subdivision Regulations;
and
WHEREAS, on September 19, 2002, the Planning Board held a duly noticed public hearing
in which all persons wishing to be heard were; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Board, after a complete review

�1
of the application materials, including environmental assessment form, coastal assessment form, and
Consistency Findings from the Waterfront Advisory Committee does hereby declare that the proposed
action will not have a significant adverse effect on the environment and that an environmental impact
statement will not need to be prepared; and be it further
RESOLVED, the Planning Board does hereby grant final subdivision plat approval for the
subdivision of the subject 56.9 iyproperty into two lots: and be it further
.
^
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RESOLVED, that prior to the signing of the final subdivision plat by the Planning Board
Chairman all applicable professional review fees, environmental charges and other Village fees shall
be paid to the Village, &lt; * * ^ ^ &lt;^p rf 0*- tif^^i
- j j j - i I ritx • • /
/%&lt;

PLANNING BOARD
VILLAGE OF SLEEPY HOLLOW

Nicholas Robinson, Chairman
F:\M\M-720 Sleepy Hollow\Resolutioiu\final Douglass Hill wpd

' '

Date

�September 19, 2002
VILLAGE OF SLEEPY HOLLOW PLANNING BOARD
RESOLUTION ADOPTING
GEIS SCOPING OUTLINE

WHEREAS, the Village of Sleepy Hollow Planning Board (the "Planning Board") is provided the
authority u^der Chapter 62-22.2.N of the Zoning Code of the Village of Sleepy Hollow (the "Village
Code") to grant special use and site plan permits for location, construction and installation of
wireless communications facilities; and
WHEREAS, the Planning Board is concerned with the unplanned proliferation of wireless
communication facilities throughout the Village and the potential visual and aesthetic impacts
associated therewith; and
WHEREAS, the Planning Board is desirous, after reviewing several completed and pending
applications to create a comprehensive Village-wide wireless antenna siting plan; and
WHEREAS, the Planning Board recognizes the importance of co-locating facilities in strategic
locations a*id incorporating stealth technology to mitigate potential aesthetic impacts; and
WHEREAS, the Planning Board has requested from the Mayor and Board of Trustees, the
authorization for the necessary funding to prepare a generic environmental impact statement (GEIS)
analyzing co-locationai, aesthetics and other issues of sound planning and public policy; and
WHEREAS, the Planning Board did cause to be prepared a draft scoping outline which was
circulated with a notice for a public scoping session; and
WHEREAS, on July 18, 2002, the Planning Board held a duly noticed public scoping session in
which all rriembers of the public were provided an opportunity to be heard and were; and
WHEREAS, the Planning Board extended the public comment period on the GEIS in which written
material could be transmitted until September 9, 2002 and to date the Village has not received any
written continents on the GEIS scoping outline: and
NOW, THEREFORE, BE IT RESOLVED, thai the Planning Board does hereby adopt the scoping
outline and directs the Villages Planning Consultant to coordinate with the Village Administrator
and the other Village consultants regarding the preparation of the GEIS document to address the
impacts of anticipated wireless communication facilities and to ultimately create a comprehensive
village-wide wireless antenna plan

l^Lt^fOC—
N lcnoias Robinson, Chairman
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�Scoping Outline:

Proposed Wireless Communication Facility Locational Plan Village of
Sleepy Hollow, New York

Lead Agency:

Village of Sleepy Hollow Planning Board.

FttMk Scoping Sesnon: July 18, 2002, Village Hall, 28 Bcckman Avenue, Sleepy Hollow, New
York 10591.
Comment period held open until: September 9,2002, contact Robert Stiloski, Director of Fire and
Life Safety, Village Hall, 28 Beekman Avenue, Sleepy Hollow, NY 10591
Lift of other interested, involved and other agencies:
Hon. Philip Zcgarelli, Mayor and Board of Trustees Village of Sleepy Hollow
Village of Sleepy Hollow Waterfront Advisory Committee, Richard Weiss, Chairman
Village of Sleepy Hollow Architectural Review Board, James Nazemetz, Chairman
Westchester County Department of Planning
Town of Mt. Pleasant Supervisor's Office
Town of Greenburg Supervisor's Office
Mayor Village of Tarrytown
Public School district of the Tarrytowns, Howard Smith, Superintendent
New York State Office of Parks. Recreation and Historic Preservation
New York State Department of Environmental Conservation and Region HI
Scenic Hudson

Description of Proposed Action
The Village of Sleepy Hollow Planning Board (the Planning Board) is responsible for the review and
issuing of special permits and site plan approvals for wireless communication facilities under Section
62-22.2 of the Zoning Code. The Planning Board has become concerned about the proliferation of
wireless communication facilities (WCF's) throughout the Village and the potential cumulative
impact of these facilities on the landscape. In an effort to coordinate the siting of these facilities, the
Planning Board is conducting a wireless communication facility locational plan for the entire
Village. The goal of the GEIS is to evaluate where the optimal $ite(s) for co-locating multiple
carriers and how those prospective facilities can be constructed so that they present the least impact
cumulatively as possible.
I.

Executive Summary

A
B
C
D.
£

Brief Description of Proposed Action
Need for the Project
Summary of Relevant Environmental Conditions
Summary of Significant Beneficial and Adverse Impacts
Mitigation Measures Proposed

�Draft Scoping Outline
Village of Sleepy Hollow
Page 2

F.
G.

Summary of Alternatives
Involved and Interested Agencies, Required Permits/Approvals

II.

Description of Proposed Action

1.

Telecommunications Act of 19%

2.

Identification of Different Personal Wireless Services Providers
a.
b.
c.
d
e.

Cellular
Personal Communication Services (PCS)
Enhanced Specialized Mobile Radio (ESMR)
Specialized Mobile Radio (SMR)
Paging

3.

Viewsheds of Local/Regional Significance (L WRP)

4.

Existing Wireless Carriers in the Village and Surrounding Area.

III.

Existing Environmental Conditions, Anticipated Impacts and Mitigation

1.

Siting requirements
a.

Site Identification and Preliminary Screening
(1)
elevation
(2)
physical setting
(3)
aesthetics
(4)
proximity to sensitive receptors
(5)
proximity to historic landmarks

2

Identification of potential co-locational sites

3.

Impact Evaluation of Each Site
(a)
(b)
(c)

4

aesthetics
physical disturbance
cumulative impacts

Proposed Mitigation
(a)

stealth

�Draft Scoping Outline
Village of Sleepy Hollow
P»ge3

(b)
(c)
(d)
IV.

camouflage
landscaping
other

Alternatives
Alternative Sites Considered

V.

Applicability to Other Village Refutations

1
2.
3

LWRP
Tree Ordinance
Other

VI.

Adverse environmental impacts that cannot be avoided or adequately mitigated if the
proposed action is implemented.

VII.

Irreversible and irretrievable commitments of environmental resources that would be
associated with the proposed action should it be implemented.

VIII. Any growth inducing impacts of the proposed action.
IX.

Appendix
Field measurement survey analysis

F \M\M-720 Skcpy Hc4U&gt;w\GEIS\A**w* Wntku

Cmm Fac ColocMKmil M M ~ p *

�Saccardi &amp; Schiff, Inc.
RECEIVED
JUL 2 2 ?nn?
VILLAGE CLERK
Planning and
Development
Consultants

TRANSMITTAL
TO:

Angela Everetts, Village Clerk

245 Mam Street
White Plains
New York 10601
Tel 914-761 3582
FAX 914-761 3759
sands@saccschiff com
33 Front Street
Hempstead
New York 11550
Tel: 516-486-0610
FAX-516-486-0615

DATE: Jury 19, 2002
PROJECT:

Resolutions

THE FOLLOWING

REASON

VIA

0 Originals

0 Your Comments

0 Hand Delivery/Messenger

X Resolutions

X Your Distribution

0 First Class Mail

0 Agreement

0 Your Information

0 Express Mail/Next Day/Fed Ex

0 Copy

0 As Per Your Request

X UPS

DESCRIPTION/COMMENTS:
Enclosed find the following resolutions;
1.

Notice of Intent to Act as Lead Agency
Village-Wide Wireless Communications Facility Siting Plan

2.

Subdivision of Parcel Known as Section 115.08, Block 1, Lo2

John J. Saccardi, AICP
David B Schiff. AICP PP

3.

Syrette Dym, AICP
David B Smith. AICP
Margaret H Uhle, AICP RLA
Bonita J VonOhlsen. RIA

County House Road Cluster Subdivision
Final Subdivision Plat Approval

4.

Planning Board SEQRA Finding Statement Kendal on Hudson Continuing
Care Retirement Community

5.

Kendal on Hudson Continuing Care Retirement Community Site Plan and
Wetland Permit Approval

Csaba Teglas. AICP
Consultant
Land Development
Comprehensive Planning
Zoning
Real Estate Economics
Environmental Studies
Housing
^tori murnty Development

F:\M\M-720 Sleepy HoUovATraiumidabVAngeU-ViUage
Clok

Sent By:

David B. Smith, ACIP

�VILLAGE OF SLEEPY HOLLOW PLANNING BOARD
DECEIVED
RESOLUTION
im o 9 otiM
L c L
NOTICE OF INTENT TO ACT AS LEAD AGENCY
'mi
VILLAGE-WIDE WIRELESS COMMUNICATIONS FACILITY VILLAGE C L P D
RK
SITING PLAN
WHEREAS, the Village of Sleepy Hollow Planning Board (the "Planning Board") is provided the
authority under Section 62-22.2.N of the Zoning Code of the Village of Sleepy Hollow (the "Village
Code*') to grant special use and site plan permits for location, construction and installation of
wireless communications facilities; and
WHEREAS, the Planning Board is concerned with the unplanned proliferation of wireless
communication facilities throughout the Village and the potential visual and aesthetic impacts
associated therewith; and
WHEREAS, the Planning Board is desirous, after reviewing several completed and pending
applications to create a comprehensive Village-wide wireless antenna siting plan; and
WHEREAS, the Planning Board recognizes the importance of colocating facilities in strategic
locations and incorporating stealth technology to mitigate potential aesthetic impacts; and
NOW, THEREFORE, BE IT RESOLVED, that the Planning Board does hereto declare its intent
to act as Lead Agency under the State Environmental Quality Reviev/(SEQR^rkw» for the
preparation of a generic environmental impact statement (GEIS) analyzing colocational, aesthetics
and other issues of sound planning and public policy; and, be it further
RESOLVED, that the Planning Board will be holding a public scoping session on July 18,2002, at
8:00 PM at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591 on the attached
draft scoping outline; and, be it further
fv&gt;

RESOLVED, that the public comment period will held open until Styfir &lt;? '
during which time
written comments can be submitted for the Planning Board's consideration and such correspondence
should be directed to Mr. Robert Stilowski, Director of Fire and Life Safety at Village Hall, 28
Beekman Avenue, Sleepy Hollow, New York 10591.

Nic/iolas Robinson, Chairman

F \M\M-720 Sleepy Hollow\Resolutions\M720.22 - Wireless GEIS noi.wpd

Date

�RESOLUTION
Adopted at the July 18,2002 Meeting
of the Village of Sleepy Hollow Planning Board

«...

JUL

* 2 9f\(y

VILLA

RESOLUTION:

Subdivision of Parcel known as Section 115.08, Block 1, Lot 2

PROPOSED:

Subdivision of an existing 56.9± acre parcel into two lots. Lot Aconsisting of
±33.3 acres, Lot B of ±22.2 acres the transfer of l.4± acres toQie owners of
two existing parcels (115.08-1-35 and 115.08-1-36) and the transfer to Lot A
of ±1.0 acres of land from David Rockefeller, the owner of property
immediately to the north, under an existing driveway that will serve Lot A.

OWNER:

David Rockefeller Fund

LOCATION:

West of Webber Avenue

TAX MAP
DESIGNATION:

Part of Section 115.08, Block 1 Lot 2

ZONING:

R-l

WHEREAS, the Planning Board of the Village of Sleepy Hollow (the Planning Board) has
reviewed a preliminary plat application dated June 5,2002, including long environmental assessment
form and preliminary subdivision map submitted on behalf of the David Rockefeller Fund (the
Applicant); 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, Planning Board, after finding the application to be complete, did direct the
Applicant to appear before the Village of Sleepy Hollow Waterfront Advisory Committee (WAC) for
a consistency review with respect to the goals and policies outlined in the Village's Local Waterfront
Revitalization Plan (LWRP); and
WHEREAS, the WAC, at its July 2002 meeting did review the application and found it to be
consistent with the goals and policies outlined in the LWRP; NOW, THEREFORE, BE IT RESOLVED that the Planning Board does hereby grant
preliminary plat approval and directs the Applicant to distribute the preliminary plat to the appropriate
agencies as outlined in Article III.6B of the Village of Sleepy Hoi low-Subdivision Regulations for
comment prior to submission of the application for Final Subdivision Plat Approval.
PLANNING BOARD

Jc^&lt;*^*2*
Date
F:\M\M-720 Sleepy Hollow\Resolutions\Dougtass Hill.wpd

�RECEIVED
RESOLUTION
COUNTY HOUSE ROAD CLUSTER SUBDIVISION
FINAL SUBDIVISION PLAT APPROVAL

J

"L 2 2 WO?

w-1

VILLAGE CLERK
WHEREAS, on May 25, 1999, the Village Board of Trustees (Village Board) initiated a
proposal to rezone all non-public lands located east of the Old Croton Aqueduct and south of
Bedford and County House Roads in the Village of Sleepy Hollow from R-3, Single Family
Residence/Moderate Density (5,000 sq.ft. minimum lot size) to R-1, Single Family Residence/Open
District (43,560 sq. ft. minimum lot size); and
WHEREAS, as required under Section 62-53.B of the Village Zoning Code, the Village of
Sleepy Hollow Planning Board (Planning Board) reviewed the proposed rezoning and made
recommendations that would result in a lower on-site density and would allow for the application
of clustering as provided under New York State Village Law; and
WHEREAS, on September 19,1999, County House Road, LLC (the "Applicant") submitted
an application, consistent with existing zoning, to the Village of Sleepy Hollow requesting
preliminary subdivision approval to subdivide approximately 11.9 acres of property designated on
the Village of Sleepy Hollow Assessment Maps as Section 115.12 Block 2, Lots 35 and 36; and
WHEREAS, on October 12, 1999, after completing the requirements of the State
Environmental Quality Review Act (SEQRA) the Village Board did rezone the subject site from R-3
to R-l and did authorize Planning Board to utilize the clustering provisions as provided under
Section 7-738 of the New York State Village Law; and
WHEREAS, on October 21, 1999 the Planning Board declared its intent to act as Lead
Agency with respect to the proposed action; and
WHEREAS, on December 16, 1999, the Planning Board declared itself to be the Lead
Agency with respect to the proposed action; and
WHEREAS, the Lead Agency, after careful examination and review of a conventional 11 lot
subdivision, did determine that an 11 lot conventional subdivision could be properly laid out on site;
and
WHEREAS, on February 17,2000, the Lead Agency held a properly noticed public hearing
on the preliminary subdivision plat application and draft expanded full EAF at which members of
the Planning Board, Village staff, Village consultants and members of the public provided
comments, and the Planning Board has duly considered all such comments; and
WHEREAS, on April 5,2000 the Village of Sleepy Hollow Waterfront Advisory Committee
(W AC) conducted a consistency review comparing the proposed project with policies outlined in the
Village's Local Waterfront Revitalization Program (LWRP); and

Page 1 of 5

�WHEREAS, after review of the proposed action, the WAC unanimously concluded that the
proposed action was consistent with the overall goals and policies of the LWRP; and
WHEREAS, the Planning Board, acting as Lead Agency under SEQRA has required the
preparation of a draft expanded full Environmental Assessment Form (EAF) with accompanying
reports, caused such draft expanded full EAF form to be circulated for public review; provided a
public hearing where all those wishing to be heard were heard and on May 1, 2000 adopted a
Negative Declaration accompanied by a Findings of Fact, thus completing the required process of
environmental review for the proposed action; and
WHEREAS, on May 1 2000, the Planning Board granted preliminary approval for the 11 lot
clustered subdivision; and
WHEREAS, on July 7, 2000, the Applicant submitted a request for final subdivision
approval; and
WHEREAS, on May 16,2002, the Planning Board held a properly noticed public hearing
on the final subdivision plat at which hearing all those wishing to be heard were heard; and
WHEREAS, the application for final subdivision plat approval consists of the following
drawings which have been reviewed in detail by the Planning Board:
a.
b.
c.
d.
e.
f.
g.
h.
I.
j.
k.
1.

Illustrative Site Plan prepared by Robert Lamb Hart, last revised July 6,2000;
Subdivision Plat prepared by Stephen T. Johnson, P.L.S. July 6,2000;
Area Map for final subdivision plat, no author, dated July 6,2000;
Site Utility Plan prepared by Michael Wein, P.E. last revised July 6,2000;
Site Grading Plan prepared by Michael Wein, P.E. last revised July 6,2000;
Erosion Control Plan prepared by Michael Wein, P.E. last revised May 12, 2000;
Road and Sewer Profile, prepared by Michael Wein, P.E. last revised August 28,
2000;
Detail and Notes, prepared by Michael Wein, P.E. last revised July 24,2000;
Erosion Control Details, prepared by Michael Wein, P.E. dated September 1, 1999;
Conceptual Tree Preservation and Landscape Plan, prepared by Robert Lamb Hart,
last revised July 6,2000;
Conceptual Design Guidelines, prepared by Robert Lamb Hart, dated July 6, 2000:
January 7, 2000; and
NYSDOT Improvements, prepared by Michael Wein, P.E., dated April 28,2000; and

WHEREAS, the Applicant is required to secure the completion of certain subdivision
improvements as shown on the Subdivision Plat, including roads, sanitary sewers, water mains, and
stormwater drainage facilities; and
WHEREAS, the Applicant has submitted an estimate of costs for the construction of such

Page 2 of 5

B

�facilities to Charles A. Manganaro Consulting Engineers (CAMCE), engineering consultants to the
Planning Board; and
WHEREAS, CAMCE has confirmed that the estimate of $275,000 is a correct estimate; and
NOW THEREFORE BE IT RESOLVED, that said Application for final subdivision plat
approval relative to the cluster subdivision of 11.9± acres into 11 residential lots and one open space
lot as shown on the Subdivision Plat dated July 6, 2000 is hereby granted approval and that the
Applicant may obtain the endorsed approval of the Planning Board Chairman on the final
subdivision plat provided, however, that the following items are to be completed before filing the
final plat, or as otherwise appropriate:
1.

The road design standards for the proposed cul-de-sac shall be amended as allowed under
the cluster authorization to reduce the paved portion of the road width to 18 feet and the
diameter of the paved portion of the proposed cul-de-sac to 80 feet. This design
consideration is consistent with planning publications reviewed by the Planning Board and
recommendations from the Westchester County Planning Board (January 31, 2000).

2.

The proposed open space components reflected on the final plat shall consist of a 0.46± acre
passive recreation area located at the vicinity of Bedford and County House Road, a 1.07±
acres portion with a stormwater detention facility linked by a 15 foot wide trail system (1.53±
acre open space component to be dedicated to the Village), and 0.84± acres of conservation
buffer easement along Bedford and County House Roads. The Applicant has agreed to
improve the open space parcel with a scenic overlook, at its expense and in accordance with
a plan approved by the Village Board of Trustees, prior to the dedication of said open space
parcel to the Village of Sleepy Hollow and prior to the issuance of a certificate of occupancy
for thefirstunit. The cost of said improvement shall be limited to $40,000. If the actual cost
of such improvement is less than $40,000, the difference shall be donated by the Applicant
to the Village Recreation Fund for recreational purposes, pursuant to Section 19B-5 of the
Village Code.

3.

The Applicant has agreed to provide an access easement to the stormwater detention facility
using a stabilized sub-surface material designed to the satisfaction of the Village Engineer,
and suitable for access by the Village of Sleepy Hollow Department of Public Works for
maintenance of such.

4.

The Applicant has agreed to deposit $15,000 into a dedicated fund prior to the filing of the
final subdivision plat and to be held in trust by the Village, the interest of which is to be
utilized to offset the cost to maintain the stormwater detention facility in perpetuity.

5.

Prior to the signing of the subdivision plat, all outstanding professional review fees,
environmental charges and other Village fees shall be paid to the Village, satisfactory to the
Mayor and or the Village Attorney.

Page 3 of 5

�6.

The Applicant has agreed that the development of the proposed subdivision shall be phased
such that lots 1 and 2 shall be the last lots developed. A sight line analysis was prepared for
the proposed curb cuts, the results of which indicate that there is sufficient sight distance to
allow for safe ingress and egress to andfromthe project site. The Planning Board notes that
the ability to coordinate the design process for lots 1 and 2 with the neighboring Village of
Tarrytown provides the potential for eliminating an additional curb cut onto County House
Road which would provide further mitigation; but it is not a condition of this approval.

7.

Erosion control measures to be utilized during construction shall be provided in accordance
with Westchester County Best Management Practices.

8.

To the extent that determinations of the Architectural Review Board (ARB) would result in
material changes to the approved subdivision plat, the Applicant is required to return to the
Planning Board to for an amendment to the final subdivision plat.

9.

The Appl icant has agreed to provide landscaping as shown on the approved Conceptual Tree
preservation and Landscape Plan last revised July 6, 2000 and must fully comply with the
Village's Tree Ordinance. Trees to be provided as part of the landscape plan shall be a
minimum of 3" caliper. Prior to the issuance of any building permit, the Applicant is
required to appear before the Village's Tree Commission for a tree permit, if one is required.

10.

The proposed action incorporates typical specification clauses for rock excavation and
controlled blasting (Blasting Plan contained in EAF Appendix titled Preliminary Subsurface
Investigation and Addendum, prepared by Tectonic Engineering Consultants, dated
November 3, 1999) which mitigates potential impacts related to rock removal. The
Applicant has agreed to file a Blasting Plan with the Village and the Applicant will
coordinate with the Village Engineer prior to the start of rock removal activities. Rock
removal activities shall occur during normal construction hours as provided in the Village
Code.

11.

In an effort to maintain and enhance the scenic and visual quality of the site and surrounding
area, the Planning Board and the Applicant agree that all on site utilities shall be placed
underground.

12.

Consistent with the planning principles espoused in the clustering provisions authorized
under Section 7-738 of the New York State Village Law, the Applicant proposes and the
Planning Board hereby establishes the following modified setback requirements for the
proposed action: Minimum front yard: 25 feet; Minimum rear yard 35 feet; Minimum side
yard 15 feet; Minimum setback from Bedford Road and County House Road: 40 feet and
such setbacks are indicated on the final plat.

Page 4 of 5

�13.

In accordance with the provisions of Section 16.A(1) of the Village of Sleepy Hollow
Subdivision Regulations, the Planning Board estimates the amount of the bond to secure
subdivision improvements as shown on the subdivision plat to be $275,000 and requires the
Applicant to post a bond with the Sleepy Hollow Village Board in that amount prior to the
signing of the plat.

Dated: May 16,2002
Sleepy Hollow, New York

Sleepy Hollow Planning Board

ij&amp;a$4~~-

By:_
NicholaS Robinson, Chairman
F VMXM-720 Sleepy Hotlow\ReJo)ubonj\M720 05 cohouierd final plat approval wpd

A*. M^* ^ ^ uiU&lt;^

Page 5 of 5

�RECEIVED
JUL 2 2 W9

April 18,2002

VILLAGE CLERK Revised May 13,2002
VILLAGE OF SLEEPY HOLLOW PLANNING BOARD
SEQRA FINDINGS STATEMENT
KENDAL ON HUDSON CONTINUING
CARE RETIREMENT COMMUNITY
WHEREAS, on or about June 11, 1999, Kendal on Hudson, a New York not-for-profit
corporation and Phelps Community Corporation, a New York not-for-profit corporation (jointly
the" "Applicant") did submit a formal petition for amendments to the Village of Sleepy Hollow
Zoning Code ("Zoning Code") and an application for Site Plan Approval (collectively, the
"Petition") to the Mayor and Board of Trustees of the Village of Sleepy Hollow for the
construction of a not-for-profit continuing care retirement community ("CCRC") as defined in
and regulated under Article 46 of the New York Public Health Law to be called "Kendal on
Hudson," on a leased parcel of land on the grounds of the Phelps Memorial Hospital ("the
Action") also known and designated on the tax assessment map of the Town of Mount Pleasant
as Section 110.11, Block 1, Lots 1, 2 and 3 and on the tax assessment map of the Village of
Sleepy Hollow as Section 11, Blockl, Lots 3A, 3a.l and 3A.1M (the "Site"); and
WHEREAS, the Applicant's initial proposal called for a CCRC comprising 225
independent living apartments, 40 enriched housing ("assisted living") units, 42 skilled nursing
rooms, related accessory uses and parking for 397 vehicles contained within 449,955± square
feet of building program (the "Project"); and
WHEREAS, said Petition did include, among other items, a site plan application form,
Village fee agreement form, site plan application checklist, text of the proposed zoning

2476/02/168284 VI 5/13/02

�amendment, coastal assessment form, full environmental assessment form, a grant of
conservation and access easement made by Laurance S. Rockefeller in favor of Phelps
Ommunity Corporation and a Project description and conceptual site plan; and

WHEREAS, on July 13, 1999, the Mayor and Board of Trustees for the Village of Sleepy
f o l l o w ("Village Board") did declare their intent to act as the Lead Agency under the State
Environmental Quality Review Act "SEQRA") for this Action and did cause to be circulated a
Notice of Intent to Act as Lead Agency to all other interested and involved agencies for their
comment; and

WHEREAS, the Planning Board of the Village of Sleepy Hollow (the Planning Board) is
cm involved agency as defined in Section 617.2(s) of the SEQR regulations by virtue of the
planning Board's ability to grant site plan approval and a wetlands permit; and

WHEREAS, the Planning Board did not object to the Village Board acting as Lead
^Agency; and

WHEREAS, on September 14, 1999, after circulation of the Notice of Intent to Act as
Xead Agency, the Village Board, at a regularly scheduled meeting, did declare itself to be the
Xead Agency for this Action ; and

WHEREAS, the Lead Agency did conduct a thorough environmental review process
-which included a formal scoping process, review and acceptance of a Draft Environmental
impact Statement (DEIS), review and acceptance of a Final Environmental Impact Statement
(FEIS) and preparation and adoption of an Environmental Findings Statement; and

2476/02/168284 V l

5/13/02

�WHEREAS, the Lead Agency held a series of public hearings on both the DEB and
FEIS in which all members of the public were encouraged to be heard; and
WHEREAS, the Planning Board did meet with the Applicant on several occasions during
the formal environmental review process and did submit to the Lead Agency comments on the
preliminary DEIS for the proposed Project; and
WHEREAS, in response to the Applicant's Petition, the Village Board drafted and
thereafter circulated Proposed Local Law #1 of 2001 of the Village (the "Local Law"X which
Local Law would amend the Zoning Code to make a CCRC a special permit use within the HHospital District and to set forth certain definitional, lot and bulk criteria specifically related to
such CCRC uses; and
WHEREAS, on February 15, 2001, the Planning Board adopted and forwarded to the
Village Board recommendations on the proposed Local Law as required under the Zoning Code;
and
WHEREAS, the Village Board, acting in both its corporate governmental capacity and as
Lead Agency, scheduled concurrent public hearings on the FEIS and on the proposed Local Law
for February 27, 2001; and
WHEREAS, on February 27, 2001, concurrent public hearings on the FEIS and the
proposed Local Law were opened and the Village Board, acting in its corporate governmental
capacity and as Lead Agency, Village staff, Village consultants and members of the public did
comment on the FEIS and proposed Local Law; and

2476/02/168284 VI 5/13/02

�WHEREAS, on February 27, 2001, the Village Board, acting in both its corporate
governmental capacity and as Lead Agency, closed the public hearing on the FEIS but adjourned
the public hearing on the proposed Local Law without fixed date; and
WHEREAS, by letter to the Applicant's attorneys dated April 26, 2001, the Lead Agency
requested further information from the Applicant with respect to comments on the FEIS,
particularly with regard to the overall scale and density of the Project, the affordability of the
Project to Village residents and the condition of existing trees on the Site; and

WHEREAS, by letters dated May 18, 2001 and May 25, 2001, the Applicant responded
to the Lead Agency's request for further information; among other things, the letter provides
additional information regarding a potential reduction of the total number of CCRC units
(reduction of 16 enriched housing living units from 40 to 24) of the Project and a reduction of the
maximum height of Project buildings to five stories, consistent with "Alternative C - Project
Modifications" as set forth at pages IV-8 through IV-13 of the accepted DEIS, along with a
concomitant reduction in overall bulk; and

WHEREAS, it is noted that the Village Board acted as the Lead Agency under SEQRA
and did determine in the Environmental Findings Statement adopted June 19, 2001, that the
proposed Project, with the mitigative measures identified therein, would not have a significant
environmental impact and a copy of said Environmental Findings Statement is attached hereto;
and

2476/02/168284 VI 5/13/02

�WHEREAS, following the completion of the environmental review process for the
proposed action, the Village Board took the following actions:

•

On July 10, 2001, following submission of a zoning petition by the
Applicant, held a duly noticed public hearing on the proposed zoning text
amendments which would permit a CCRC use as a special permit use in the
H-Hospital District;

•

Enacted a Local Law to allow for an amendment of the Sleepy Hollow
Zoning Ordinance to permit CCRC's as special permit uses within the HHospital District;

•

Held a duly noticed public hearing on August 21, 2001, following submission
of a special permit application by the Applicant, on the special permit
application during which all persons interested were provided an opportunity
to be heard;

•

Granted a special permit to the Applicant on September 18, 2001, to permit
the construction of the proposed CCRC facility on the western portion of the
Phelps campus; and

WHEREAS, on September 6, 2001, the Applicant submitted an application for site plan
and wetlands permit approvals to the Village of Sleepy Hollow Planning Board; and

WHEREAS, on September 20, 2001, October 18, 2001 and November 5, 2001, the
Planning Board did publicly discuss the contents of the proposed site plan application and the
format in which it would be reviewed; and

WHEREAS, on November 21, 2001, December 3, 2001, December 20,2001, January 17,
2002 and February 21, 2002 the Planning Board conducted and/or continued a public hearing on
the detailed site plan and wetlands permit application upon due notice and all persons wishing to
be heard were afforded an opportunity to be heard; and

WHEREAS, on October 24, 2001 and again on November 7, 2001, the Applicant met
with the Village of Sleepy Hollow Architectural Review Board (ARB) as required under the

2476/02/168284 VI 5/13/02

-5-

�special permit approval. The ARB did discuss the application at length and did provide a
unanimous recommendation to the Planning Board regarding their comments on the proposed
site plan; and

WHEREAS, on March 18, 2002, the Applicant appeared before the Village of Sleepy
Hollow Tree Commission (Tree Commission) as required under Chapter 52A of the Village
Code of the Village of Sleepy Hollow. At a duly noticed public hearing, the Tree Commission
discussed the proposed site plan. Based on comments raised by Tree Commission, the Applicant
was able to modify the site plan to save additional mature trees located in the western portion of
the site. After a complete review of the application and modifications to the site plan, the Tree
Commission granted the Applicant the requested tree permit with the requirement that the sum of
$10,000 to be provided to the Tree Commission as mitigation for the removal of trees and the
Applicant agreed to the provision of said sum; and

NOW, THEREFORE, BE IT RESOLVED that having reviewed the DEIS, the FEIS,
supporting and related documents, comments received from the public, involved and interested
agencies and from the Village's staff and consultants, the Village's Architectural Review Board,
and the Applicant's responses thereto, and upon the entire record of the proposed action, the
Planning Board hereby concurs with the environmental findings made by the Mayor and Board
of Trustees acting as the Lead Agency and makes the following additional findings and
determinations pursuant to 6 N.Y.C.R.R. Section 617.11:

1. Temporary noise levels will increase in the area during the construction of the Project
and long-term minimal noise levels will be generated by residents, employees, service providers,
deliveries, visitors and exterior mechanical equipment (e.g., roof-mounted cooling towers and

2476/02/168284 VI 5/13/02

-6-

�exhaust fans). Specific mitigation measures include the landscape enhancements in the buffer
area in the southern portion of the site and the use of a decorative rooftop element to shield and
attenuate noise resulting from proposed cooling towers and compressors. These increases are
likely not to be perceptible to the human ear and have been minimized or mitigated by
incorporating noise attenuation or dampening measures where appropriate, and vegetative
screening as discussed above. The Applicant is required to take appropriate steps to minimize
noise impacts arising from construction, including limiting construction activities to daytime
hours and in accordance with all applicable rules, regulations and Village Codes.

The Planning Board finds that there will be no significant adverse noise impacts from
construction, vehicular traffic and operation of the proposed Project.

2. Air quality may be temporarily impacted due to dust emissions during site
disturbance for construction. These impacts will terminate when construction is completed. The
Applicant will be required to use best construction management practices as indicated on Site
Plan Drawing 7.2 and otherwise to take all appropriate steps to control dust emissions, including
watering of exposed areas and mandatory dust covers for trucks. As a means to mitigate
potential impacts to air quality, the Applicant will be required to consider the use of natural gas
as an alternative to oil as a source of fuel for its heating.

The Planning Board finds that with the implementation of the indicated control measures
during construction, there will be no significant adverse air quality impacts from fugitive dust
emissions.

3. The Proposed Action is located within the Hudson River Drainage Basin. Existing
stormwater runoff from the Site generally flows westward discharging into a wetland area
2476/02/168284 VI 5/13/02

�adjacent to the Metro-North Railroad tracks and the Hudson River.

Construction of new

buildings, parking areas and associated roadways will not result in increased peak stormwater
flows for Hudson River discharge points if proposed drainage measures, including water quality
basins, are implemented.

During large storm events (100 year storm) the stormwater

management system has been designed to pipe the overflow from the stormwater quality basins
directly to the wetland area in the southwest corner of the site. Stormwater from the site is
I

directed to the wetlands in a controlled manner, diverting high flow events directly to the
wetland to eliminate overtopping of the water quality basins.

Metro-North Railroad has

reviewed the stormwater management plan and provided correspondence which indicates that
they are satisfied with the analytical methodology. Metro-North Railroad has stated that their
concerns regarding the potential impact of runoff on the adjacent railroad have been satisfied.

I

Regrading of the Site will increase the potential for erosion and sedimentation.
^^

An

erosion and sediment control plan has been prepared in accordance with Westchester County's
Best Management Practices for Erosion and Sediment Control.

The Project will involve

disturbance to more than five acres of land. Accordingly, the New York State DEC guidelines,
as contained in the SPDES General Permit for Stormwater Discharges from Construction
Activities, have been incorporated into the design of the Stormwater Management Plan.

It is the Applicant's obligation to maintain the stormwater management system. Further,
the Applicant has agreed to and shall be required to reimburse the Village for routine inspection
of the on-site stormwater management system once the site construction is completed and the site
is open. Such inspections would occur periodically throughout the year, but not less than twice
per year.
Afc

The Village inspector would, when required, identify where repairs or other

maintenance would need to be made to maintain the stormwater management facility. If the
2476/02/168284 VI 5/13/02

-8-

HP^a^£ittiiiSI£B9^BSHHHHHIHHI^IBIHil^^^lHHHH^^H^HH^IHIHMI^HnHHHHIi^HHBH^H

�Applicant does not make improvements in a timely manner, the Village will make the
improvements or required maintenance and charge the Applicant for the cost of such
improvements. Upon the failure of the Applicant to pay the cost of the maintenance and or
improvements this would constitute a lien against the property.

The proposed Stormwater Management Plan includes two water quality basins to reduce
nutrient loading into the on-site wetland area and eventually to the Hudson River and to provide
detention of stormwater runoff.

The Applicant also incorporates "stormceptor" devises to

further remove sediments and other materials from the stormwater runoff. The Applicant will
prepare and adhere to a Stormwater Pollution Prevention Plan as is required under the SPDES
General Permit. The Planning Board finds that the proposed stormwater quality and erosion
control program minimizes potential stormwater impacts to the maximum extent practicable.

4. Approximately 0.97 acres of upland areas that are protected under Village law as
wetland buffer will be disturbed as a result of the proposed action. No impacts to Village
regulated wetlands are anticipated as a result of the Proposed Action.

The Applicant has

prepared a wetland mitigation program, which includes supplementing the existing wetland
buffer area on the southern end of the Site with woodland and flowering trees as well as
evergreens. The presently eroded stream channel will be stabilized and replanted to provide
additional habitat and erosion control.

The Planning Board finds that the existing wetland

functions will be maintained or enhanced by the Applicant's activities.

5. There are no unique or rare habitats on the Site that could potentially be impacted by
the Project. Construction related activity will result in disturbance of approximately 15 acres
within the Site and an additional 3± acres in the easement area. Approximately 1,200 trees

2476/02; 168284 VI 5/13/02

-9-

�within the proposed disturbance area will be removed. Of thisfigure,the tree survey reveals that
37 percent are already dead or in poor condition and another 29 percent were found to have only
marginal value. The Applicant has proposed a comprehensive landscape plan, including an infill
planting program for the identified buffer adjacent to the Sleepy Hollow Manor neighborhood
and a series of landscaped berms in the vicinity of Rockwood Hall. The infill planting and
overall landscape plan include the replanting of approximately 607 trees and which shall range
for deciduous treesfrom1 inch to 4 inches in caliper and for evergreen trees height ranging from
8-10 feet in height to 10-12 feet. The number of trees proposed to be planted as part of the
overall Project landscaping plan exceeds that initially shown and considered as part of the
environmental review and is now roughly equivalent to the number of healthy trees proposed to
be removed as part of the proposed Project.
The Planning Board finds that the removal of some vegetation is an unavoidable impact
of the Project and that the Applicant has appeared before the Village Tree Commission and
received a permit subject to Chapter 52 A of the Village Code. In addition, the Tree Commission
requested as mitigation, that the Applicant provide to the Village, a fee in the amount of $10,000
to mitigate the impact of proposed tree removal. The infill planting program and comprehensive
landscaping plan will also mitigate the loss of existing vegetation and will provide screening to
minimize the potential visual impacts of the Project to the maximum extent practicable.
Installation of landscaping in the proposed landscape buffers shall be initiated as early as
practicable during the construction process. No significant species or habitats will be displaced
by the proposed Project.
6. The Applicant has agreed to provide the Village with fees in lieu of reservation of
parkland and open space as defined under Section 62 of the Village Code, such fee amounting to
2476/02/168284 VI 5/13/02

-10-

�Six Hundred Sixty Two Thousand Five Hundred and No/100 ($662,500.00) Dollars, the payment
of which is spelled out in the Development Fee Agreement adopted by the Village Board on
September 18,200-1.
7. The western 21± acres of the 61± acre Phelps Memorial Hospital campus is currently
vacant and is characterized by a meadow area and a stand of primarily deciduous trees which
provide a limited view of the Hudson River in the winter months and block the view of the
Hudson River in the spring, summer and fall.
The Project will alter the visual character of the Site. The majority of the vacant, wooded
and meadow portions of the Site will be developed with buildings, access roadways, walkways
and ornamental plantings. The Applicant has proposed to establish an approximately seven acre
wooded buffer in the southern portion of the Site separating the Project facilities from the
residential neighborhood in this vicinity.

Provisions will be made for the preservation and

maintenance of this buffer, which will vary in depth between 150 and 400 feet.

In order to

mitigate adverse effects on the site the Applicant has agreed to include a pedestrian trail system
starting at the site loop road and extending south into the buffer area. The proposed trail system
in this part of the site does not connect through to Birch Close.

The comprehensive landscaping plan incorporates the planting of more than 600
deciduous and evergreen trees. Landscape plantings will be concentrated on the southern portion
of the Site in the vicinity of the seven acre wooded buffer, proposed loop road and in the
northern portion of the Site in the vicinity of the easement over the parkland. A decorative
border element and additional landscape plantings are proposed in the immediate surrounding of
the James House.

2476/02/168284 VI 5/13/U2

-11-

�To mitigate potential adverse visual impacts of the Project the following conditions will
be imposed:

a)

The Applicant shall adhere to the landscaping plan presented in the
FEIS, as modified by the letter submitted by the Applicant to the
Village Board dated May 18, 2001, and as supplemented by the
incorporation of additional landscape plantings; including infill
planting in the wooded buffer area separating the Project facilities
from the residential neighborhood to the south and the construction of
landscaped berms within the Rockwood Hall access easement area.

b)

That landscaping proposed within the southern buffer areas or
otherwise outside of the temporary construction zone, shall be installed
during the first planting season, but in no case later than six months
after the issuance of the building permit, subject to drought conditions.

The landscaping proposed within the northern buffer area shall be
installed during the first planting season following completion of site
work (carriage trail/berm/rough grading of Loop Road) in area and
relocation of construction fence to top of berm.

c)

Incorporation of specific design elements as part of the architectural
program including the use of: a continuous stone facing of one or more
stories; projecting bay windows and other window treatments to vary
the facade; use of tower elements to vary the massing and vertical

2476/02/168284 VI 5/13/02

-12-

�dimensions of the buildings; and the use of lantern elements and
dormers to provide a more residential character to the roofline.

d)

Provision of a publicly accessible riverfront promenade and overlook
connecting to the Rockwood Hall State Park Preserve carriage paths.
The Planning Board has identified three (3) potential future locations
for a trail connection between the proposed pedestrian walkway on the
project site and the neighboring residential community to the south,
west to the Hudson River, north to Route 9A or to the south.

e)

Provision of an additional sidewalk on the north side of ILU East and
ILU West and more clearly delineated crosswalks which enhance
pedestrian circulation on site.

f)

The Applicant has provided for a conceptual design treatment for the
roofscape which incorporates decorative elements for rooftop
penetrations.

8. The Applicant has prepared more detailed drawings and discussed at length with the
Planning Board the potential visual impacts associated with the development and construction of
the proposed parking structure. The Applicant has included details of proposed lighting fixtures
that would be used on both levels of the parking facility. Light spill off from the parking garage
has been mitigated through the incorporation of specific light fixtures as indicated on Site Plan
drawing A-4.0.

Such fixtures use specific lighting elements and shields which focus their

illumination to the maximum extent practicable. Further, the first level (partially below grade) of
the proposed garage structure has been designed to house the fixtures within the ceiling structure
2476/02/168284 VI 5/13/02

-13-

�such that there is no direct glare resulting from the interior of the parking structure. Further, -the
Applicant has been directed to prepare, as part of subsequent building facade and roof %op
treatment review provided as a condition of site plan approval, details of the parking garage
facade.

The garage facade detail shall specify color and detailing and be architecturally

complementary in character to the balance of the building program. In addition, the Applicant
has enhanced the initially proposed landscape program to further screen the lower level of the
parking structure from points due west and south. Further, it is noted that there is approximately
240

feet of existing woodland separating the proposed parking facility from the resideivtial

homes to the south. This buffer area is proposed to be further enhanced with additional ir»fill
plantings. Given that these infill plantings are located outside the limit of disturbance line, tt*.ese
plantings shall be installed immediately after the issuance of a building permit, if said permit is
issued during the planting season, or no later than six months from the issuance of said mulcting
permit, if said permit is not issued during the growing season.

9. As a result of the Proposed Action, the current informal parking arrangement on
Rockwood Road for those patrons of Rockwood Hall will be eliminated.

To mitigate -this

impact, the Planning Board requested and the Applicant agreed to a provide a 15 sj^ace
temporary parking area within the grounds of Rockwood Hall subject to OPRHP approval.

In

the event of an overflow parking situation, signage will be provided directing patrons to the n^rtb
end of the Hospital parking lot. The hospital has set aside no less than 30 spaces to be used o n a
temporary basis for Rockwood Hall overflow parking.

Before Completion of the Project, the Applicant agrees to provide for a forty-five ( 4 5 ^ car
parking area subject to the approval of NYSOPRHP. Until such time, the temporary parking will
continue.
2476/02/168284 VI 5/13/02

-14-

�10.

Approximately 0.97 acres of upland areas that are protected under Village law as

wetland buffer will be disturbed as a result of the proposed action. No impacts to Village
regulated wetlands are anticipated as a result of the Proposed Action.

The Applicant has

prepared a wetland mitigation program, and the Applicant has applied to the Village of Sleepy
Hollow Planning Board for a wetland disturbance permit as required under the Village's
Wetland/Watercourse Protection ordinance. Mitigation proposed as part of the Project, includes
supplementing the existing wetland buffer area on the southern end of the Site with woodland
and flowering trees as well as evergreens. The presently eroded stream channel will be stabilized
and replanted to provide additional habitat and erosion control. The Planning Board finds that
the existing wetland functions will be maintained or enhanced by the Applicant's activities.

The Planning Board finds that the impact of the Project on views from surrounding
properties will be mitigated to the maximum extent practicable through the implementation of
the conditions set forth above.

Subject to the implementation of the mitigation measures identified herein by the
Planning Board as required to be made, the Planning Board of the Village of Sleepy Hollow
hereby certifies with respect to the site plan application and the wetlands permit application that:

1. The requirements of 6 NYCRR Part 617 have been met and fully satisfied;

2. Consistent with the social, economic and other essential considerations
from among the reasonable alternatives thereto, the Proposed Action with
the mitigation measures imposed herein is one which minimizes or avoids
adverse environmental effects to the maximum extent practicable,

2476/02/168284 VI 5/13/02

-15-

�including effects disclosed in the DEIS, FEIS and set forth in this Findings
Statement.
3. Consistent with social, economic and other essential considerations, to the
maximum extent practicable, adverse environmental effects revealed in
the environmental impact statement process will be minimized or avoided
by incorporating as conditions to the decision, those mitigation measures
which were identified as practicable.

4. After due consideration, the Planning Board finds that this action will
achieve a balance between the protection of the environment and the need
to accommodate social, economic and other considerations of sound
public policy.

^JMSJJ

&amp;

\ 4)U«*t^-,

Dated:

Nicholalsu Robinson, Chairman

^JjL^ If; 3-00 ^L
"

2476/02/16tt* 284 VI 5/13/02

-16-

�RECEIVED
JUL 2 2 ?nn?
VILLAGE CLERK
April 18,2002
V I L L A G E CLERK R e y i s e d M a y 1 3 2 ( K ) 2

RESOLUTION
KENDAL ON HUDSON CONTINUING CARE RETIREMENT COMMUNITY SITE
PLAN AND WETLANDS PERMIT APPROVAL
WHEREAS, on September 6, 2001 Kendal on Hudson and the Phelps Community
Corporation (jointly the "Applicant"), including its successors and assigns submitted an
application to the Village of Sleepy Hollow Planning Board ("the Board") requesting site plan
and wetlands permit approvals to develop a continuing care retirement community ("CCRC");
and
WHEREAS, the proposed CCRC is situated on approximately 24 acres on the western
portion of the existing Phelps Memorial Hospital Center ("Phelps") campus designated on the
tax assessment maps of the Town of Mount Pleasant as Section 110.11, Block 1, Lots 1,2 and 3;
and
WHEREAS, the proposed CCRC consists of 225 independent living apartments, 24
enriched housing units and 42 skilled nursing beds along with common facilities provided in
approximately 435,000 square feet of building area, serviced by 393 parking spaces (the
"project"); and
WHEREAS, the proposed project was the subject of a comprehensive environmental
review conducted by the Mayor and Board of Trustees acting as the Lead Agency under the State
Environmental Quality Review Act (SEQRA) and that the Mayor and Board of Trustees did
issue an Environmental Findings Statement on June 19, 2001, which Findings Statement

2476/02/168275 V2 5/13/02

�concluded that with the mitigation measures imposed, the project minimizes or avoids
environmental effects to the maximum extent practicable and that after due consideration, the
Proposed Action will provide a balance between the protection of the environment and the need
to accommodate social, economic and other considerations of sound public policy; and

WHEREAS, pursuant to Chapter 59A of the Village Code, the proposed project was
reviewed by the Village of Sleepy Hollow Waterfront Advisory Committee (WAC) for
consistency with the goals and policies in the Village's Local Waterfront Revitalization Plan
(LWRP); and

WHEREAS, on June 18, 2001, the WAC found and made a recommendation to the
Mayor and Board of Trustees that, on balance, the proposed project was consistent with the goals
and policies of the LWRP; and

WHEREAS, on July 17, 2001, the Mayor and Board of Trustees conducted their own
LWRP consistency review and issued findings concluding that, on balance, the proposed project
is consistent with the goals and policies of the LWRP; and

WHEREAS, following the completion of the environmental review process for the
proposed action, the Village Board took the following actions:

•

On July 10, 2001, following submission of a zoning petition by the Applicant, held a
duly noticed public hearing on proposed zoning text amendments which would permit
a CCRC use as a special permit use in the H-Hospital District;

2476/02/168275 V2 5/13/02

-2-

�•

Enacted Local Law #1 of 201 to allow for an amendment of the Sleepy
Hollow Zoning Ordinance to permit CCRC's as special permit uses within the
H-Hospital District;

•

Held a duly noticed public hearing on August 21, 2001, following submission
of a special permit application by the Applicant, on the special permit
application during which all persons interested were provided an opportunity
to be heard;

•

Granted a special permit to the Applicant on September 18, 2001, to permit
the construction of the proposed CCRC facility on the western portion of the
Phelps campus; and

WHEREAS, the Applicant has included in support of the site plan and wetlands permit
applications the following large scale plans generally entitled:

SP-1.0
SP-2.0
SP-2.1
SP-3.0
SP-3.1
SP-4.0
SP-5.0
SP-5.1
SP-6.0
SP-7.0
SP-7.1
SP-7.2
SP-8.0
SP-8.1
SP.9.0
DP.9.1

Title

Scale

Cover Sheet
Master Site Plan
Site Layout Plan
Site Layout Plan
Site Grading Plan
Site Grading Plan
Site Utility Plan
Landscape Concept Plan
Landscape Concept Plan
Driveway Profiles
Erosion Control Plan
Erosion Control Plan
Erosion Control Details
Tree Survey &amp; Protection Plan
Tree Survey &amp; Protection Plan
Boundary/Topographic Survey
Site Details
Utility Details

1"=100'
1" = 50'
1" = 50'
r = 50'
1" = 50'
1" = 50'
1" = 50'
1" = 50"
1" = 50'
As Noted
1" = 50"
1" = 50'
As Noted
1" = 50'
1" = 50'
1"=100'
As noted
As noted

2476/02/168275 V2 5/13/02

-3-

Last
Revised
02/05/02
02/05/02
03/11/02
02/05/02
04/04/02
02/05/02
03/11/02
04/04/02
04/04/02
07/19/01
03/11/02
03/11/02
03/11/02
02/05/02
02/05/02
03/17/99
04/04/02
04/04/02

Source
DTS*
DTS
DTS
DTS
DTS
DTS
DTS
DTS
DTS
DTS
DTS
DTS
DTS
DTS
DTS
CHS**
DTS
DTS

�Last
Revised
02/05/02

PEA***

1/32 = r-0"

02/05/02

PEA***

Floor Plan Levels 89s = 102s

1/32 = r-0"

02/05/02

PEA***

Floor Plan Levels 113s = 123-4'1/4
Floor Plan Levels 133' 81/4"s=Roof
Building Elevations
Site Sections
Parking Deck

1/32" =r-0" 02/05/02

PEA***

1/32" - r - 0 " 02/05/02

PEA***

i/i6"=r-o" 02/05/02
1/32" -1MT 02/05/02
02/05.02
As noted

PEA***
PEA***
PEA***

Title

Scale

r-o"

A-l.l

Composite Floor Plan levels
40s=50sl/32" =
Floor Plan Levels 65s = 76'-51/2"

A-1.2
A-1.3

A-1.0

A-1.4
A-2.0
A-3.0
A-4.0

Source

* DTS (Divney Tung Schwalbe, LLP)
** CHS (Charles H. Sells, Inc)
*** PEA (Perkins Eastman Architects, PC); and
WHEREAS, on September 20, 2001, October 18, 2001 and November 5, 2001, the
Planning Board did publicly discuss the contents of the proposed site plan application and the
format in which it would be reviewed; and
WHEREAS, on November 21,2001, December 3,2001, December 20, 2001, January 17,
2002 and February 21,2002 the Planning Board conducted and/or continued a public hearing on
the detailed site plan and wetlands permit application upon due notice and all persons wishing to
be heard were afforded an opportunity to be heard; and
WHEREAS, the Planning Board also received written correspondence from Scenic
Hudson dated November 16, 2001 and January 17, 2002 and from Metro-North Railroad dated
March 8,2002; and

2476/02/168275 V2 5/13/02

-4-

�WHEREAS, the Planning Board did discuss in detail with the Applicant issues related to
construction and site preparation, architecture and landscaping, circulation, utility systems and
wetland buffer activities; and

WHEREAS, as a result of public input during the public hearing process and comments
raised by the Planning Board, Village staff, and Village consultants, modifications were made to
the proposed site plan application; and

WHEREAS, the proposed development would result in the temporary disturbance to
approximately 0.97 acres of wetland buffer area; and

WHEREAS, to offset approximately 0.97 acres of temporary wetland buffer impacts, the
Applicant has prepared a wetland buffer mitigation plan consistent with the requirements of
Section 61 of the Village's Wetland/Watercourse Protection law which plan will result in
supplementing the existing wetland buffer area on the southern end of the site with woodland
and flowering trees as well as evergreens. Further, the presently eroded stream channel will be
stabilized and replanted to provide additional habitat and erosion control; and

WHEREAS, the Applicant has prepared a soil and sediment erosion control plan which
conforms to the Westchester County Best Management Practices Manual Series for controlling
stormwater runoff which will rriinimize potential impacts to the on-site wetlands; and

WHEREAS, the Applicant, as a condition of the Special Permit issued approving the
project, did appear before the Village of Sleepy Hollow Architectural Review Board ("ARB") at
its regularly scheduled meeting on October 24, 2001, at a special work session on November 7,
2001, and at the ARB's regularly scheduled meeting of November 28,2001; and

2476/02/168275 V2 5/13/02

�WHEREAS, the ARB provided written recommendations to the Planning Board for its
review and consideration; and
WHEREAS, under Chapter 52A Tree Conservation, of the Village Code, the Applicant
was required to prepare a comprehensive tree survey, landscape planting plan and meet with the
Village's Tree Commission to seek a tree permit; and

WHEREAS, on March 18, 2002. the Applicant did meet with and discuss the proposed
site plan with the Tree Commission.

Comments raised by the Tree Commission led to

modifications of the proposed site plan to preserve an area of mature trees in the western portion
of the site. After further discussion the Applicant received a tree removal permit from the
Village's Tree Commission, said permit was conditioned upon a fee in the amount of $10,000 to
be paid to the Tree Commission to mitigate the impact of the proposed tree removal; and

WHEREAS, the Planning Board, as an involved agency as defined under Article 8 of the
State Environmental Quality Review Act (SEQRA) and the regulations promulgated thereunder,
after thorough review of the environmental documentation, determined that the proposed project
is consistent with the Environmental Findings Statement adopted by the Mayor and Board of
Trustees as attached to the Planning Board's environmental findings; and

NOW, THEREFORE, BE IT RESOLVED, that in accordance with Section 59A of the
Village Code and after careful review of the Consistency Findings recommendation by the
Village's WAC and Consistency Findings adopted by the Mayor and Board of Trustees, the
Planning Board hereby determines that the proposed project is consistent with the goals and
policies of the Village's LWRP; and, be it further

2476/02/168275 V2 5/13/02

-6-

�RESOLVED, that the site plan and wetlands permit approval incorporate by reference the
legends on the site plan drawings and any material variation from the approved site plan shall
require a resolution from the Planning Board approving said changes; and
RESOLVED, that the final site plan approval and wetlands permit, as defined in the
recitals are granted and approved, the Planning Board Chairman is authorized to sign the plans,
and permits may be issued, subject to the conditions and modifications identified below:
CONDITIONS TO BE COMPLETED BEFORE THE SITE PLAN IS SIGNED
1. The Applicant's submission to the Village's Special Counsel for review of a fully
executed lease agreement by and between Kendal on Hudson and Phelps Community
Corporation (the Lease Agreement) for the Project, said lease to contain terms and conditions
drawn to the satisfaction of counsel which protect and prohibit development on that portion of
the site denoted as the "buffer area" of approximately seven acres and more fully described on
Site Layout Plan SP-2.0.
2. Said Lease Agreement shall also contain terms and conditions drawn to the
satisfaction of the Village's Special Counsel which will provide for public pedestrian access in
accordance with the conditions of approval by the approving authorities and as shown on the
approved site plans (including site plan drawing SP-2.0). Kendal on Hudson shall provide public
pedestrian access over its walkway system within the western portion of its site from and to the
Rockwood Hall portion of the Rockefeller State Park Preserve to the north within 90 days from
the issuance of a certificate of occupancy and from and to the Village of Sleepy Hollow street
system or future greenway or coastal trail connecting to the "Buffer Area" to the south (said
connection to the street system at the south or to any future greenway or coastal trail connecting
2476/02/168275 V2 5/13/02

-7-

�to the "Buffer Area" to be determined at a future date by the Village of Sleepy Hollow). Such
public pedestrian access shall be permitted and provided for throughout the term of the lease,
generally during the daylight hours, subject to reasonable restrictions regarding time, nature and
manner in which public access shall be provided as established by Kendal on Hudson with the
approval of the Village Administrator.

CONDITIONS TO BE COMPLETED BEFORE BUILDING PERMITS ARE ISSUED OR
ANY CONSTRUCTION COMMENCED
1. Prior to the issuance of any building permits, a 100% performance bond shall be
submitted in a sum determined by the Village's Engineer and shall be furnished to and accepted
by the Village, to guarantee the satisfactory and complete installation and construction of all
infrastructure, as determined appropriate by the Village Engineer, including sewage, water,
drainage, roads, sediment and erosion control measures, stormwater detention, wetlands buffer
mitigation and traffic improvements. It is the Applicant's obligation to maintain the stormwater
management system. Further, the Applicant has agreed to and shall be required to reimburse the
Village for inspection of the on-site stormwater management system once the site construction is
completed and the site is open. Such inspections would occur periodically throughout the year,
but not less than twice per year. The Village inspector would, when required, identify where
repairs or other maintenance would need to be made to maintain the stormwater management
facility. If the Applicant does not make improvements in a timely manner, the Village will make
the improvements or required maintenance and charge the Applicant for the cost of such
improvements. Upon the failure of the Applicant to pay for the required maintenance and or
improvements related to the stormwater management facility, this would constitute a lien against
the property.

I * ? * * ! 1*8275 V2 5/13/02

�2. The Applicant shall review with the Planning Board the proposed roof drainage
system, including the type of materials if gutters and leaders are used, or in their absence, how
drainage would be accommodated away from the building and directed to the stormwater
management system.

2. The Applicant shall prepare, subject to Planning Board review and

approval,

drawings illustrating the organization and aesthetic treatment of the roof penetrations and roof
scape treatment which shall include sound attenuation and shielding for any use of cooling
towers and compressors for the facility's air conditioning system(s). Further, the Applicant shall
include facade treatment details for the proposed garage facility, using materials which
complement the already proposed buildings.

3. The Applicant shall provide to the Village landscape maintenance bonds the amount
of which is to be determined by the Village Administrator and Engineer. Two bonds shall be
posted:

a)
maintenance of

A bond with a minimum term of two years shall be posted for the
general site landscaping, the landscaping to thereafter be maintained and

replaced as necessary.

b)

A bond with a term of five years shall be posted to guarantee plantings and

the maintenance thereof for all planting in the "buffer area", to be thereafter maintained and
replaced as necessary.

4. The Applicant shall co-ordinate with the Village of Sleepy Hollow's Director of Life
and Fire Safety, Chief of Police and Fire Chief regarding the preparation and implementation of

2476/02/168275 V2 5/13/02

�the blasting protocol program. Such program shall include notification and inspection (pre and
post blasts) procedures for those buildings located within 500 linear feet from the proposed
blasting area. The blasting protocol shall also include coordination with the Hospital during
times of blasting events.
5. The Applicant shall prepare a written report to the Planning Board detailing the final
grading and landscape plans as approved by the New York State Office of Parks, Recreation and
Historic Preservation (NYSOPRHP) for that area located within Rockwood Hall State Park
portion of the Rockefeller State Park Preserve. As a condition of this site plan approval, the
Applicant is required to construct the proposed trail connections leading to Rockwood Hall
utilizing design standards as specified in the NYSOPRHP "Carriage Path System, Rockefeller
State Park Preserve, Manual for Design, Construction and Maintenance." The Applicant must,
subject to New York State Parks Department practices, provide appropriate public access at
reasonable times between the Kendal property walkway system and Rockwood Hall State Park
pursuant to the approved site plan. In the event that these other site plan approvals for those
areas outside the Village of Sleepy Hollow differ substantially from the site plans approved
herein, then the Applicant shall be required to submit said changes to the Planning Board for
review and approval.
6. Submission for review and comment to the Architectural Review Board of the
finalized project facade designs and materials.
OTHER CONDITIONS
1. Prior to the issuance of a temporary certificate of occupancy (TCO), the Applicant
shall offer for dedication water lines and corresponding easements to the Village of Sleepy
2476/02/168275 V2 5/13/02

-10-

�Hollow as generally denoted on Site Utility Plan SP 4.1, said improvements to be constructed
and installed to the satisfaction of the Village Engineer.

2. As early during the construction process as practicable, the Applicant shall prepare
and install landscaping in those buffer areas located on the northern and southern portions of the
site in the vicinity of Rockwood Hall and the neighboring Sleepy Hollow Manor residents.

Infill planting within the southern buffer areas shall be installed during the initiation of
site work, if work is initiated during the planting season, but not later than six months from the
initiation of site work, if said work does not begin during the growing season, subject to drought
conditions.

Landscape screening on the northern portion of the site shall be installed immediately
following completion of site work (carriage trai^erm/rough grading of loop road) and relocation
of construction fence to top of berm if such completion takes place during the planting season or
during the next subsequent planting season.

3. As part of the construction of the site access road, the Applicant shall construct,
subject to NYSOPRHP approval, a temporary parking area which would serve patrons using
Rockwood Hall. During that time when the site is under construction, the Applicant has agreed
to make approximately 30 parking spaces available for overflow parking for visitors to
Rockwood Hall. Signage will be posted in the temporary parking lot in Rockwood Hall directing
overflow traffic to the Hospital's northern parking lot. The installation of the site loop road in
the northern portions of the site shall also incorporate the proposed landscape buffers as early as
practicable during the construction process (see Condition 2 above). Subject to NYSDOT and
NYSOPRHP approval, the Applicant will seek to incorporate signage and walkways which
2476/02/168275 V2 5/13/02

�would enhance pedestrian circulation and safety. Before completion of the project, Applicant
agrees to provide for a forty-five (45) car parking area subject to the approval of NYSOPRBP.
Until such time, the temporary parking will continue.

4. Although reviewed in the Environmental Impact Statement document, the Applicant
is not proposing a pedestrian only connection to the neighboring Sleepy Hollow Manor residence
neighborhood. The plan shall indicate a potential location where such a connection could be
made if and when the Village requests. If such request is made, the Applicant must insure that
appropriate public access be provided at reasonable times between the Kendal walkway system
and areas to the south, pursuant to the approved site plan.

Such a connection would be

constructed utilizing NYSOPRHP design standards.

5. Prior to the issuance of a temporary certificate of occupancy, the Applicant shall
make application and diligently seek a New York State Department of Transportation permit and
undertake to construct a dedicated turning lane at the Route 9/Route 117 westbound intersection
as discussed in the FEIS and Environmental Findings Statement. As part of this process, the
Applicant will post with NYS DOT a bond for said improvements as required. If the permit has
not been issued by NYSDOT or work has not begun under the permit at the time of issuance of
said certificate of occupancy, then a $100,000 letter of credit shall be posted with the Village.
Said letter of credit may be drawn on by the Village of Sleepy Hollow to obtain the permit and
undertake this work at the Village's sole discretion. If said permit has not been issued and
substantial construction undertaken within two years from the posting of the letter of credit, the
letter of credit shall be returned to the Applicant.

2476/02/168275 V2 5/13/02

-12-

�6. The Applicant shall prepare a detail for Planning Board review of any proposed entry
signage, including location, use of materials, overall design and color.
7. Substantial construction of 'the Project" commencing within one year of the date of
adoption of the site plan approval and thereafter being diligently pursued to completion with the
opportunity for extensions of the site plan approval and wetlands permit to be granted for good
cause by the Planning Board at the request of the Applicant for a period of six months.

Nichoh

2476/02/(68275 V2 5/13/02

-13-

�vl

*\

*

Saccardi &amp; Schiff, Inc.

w
Planning and
Development
Consultants

245 Main Street
White Plains
New York 10601
Tel: 914-761-3582
FAX: 914-761-3759
sands@saccschiff.com
33 Front Street
Hempstead
New York 11550
Tel: 516-486-0610
FAX: 516-486-0615

t

DATE:

July 9,2002

TO:

Hon. Philip Zegarelli, Mayor and
Board of Trustees

FROM:

David B. Smith, AICP

CC:

Dwight Douglas, Administrator
Brian Murphy/Ed Lammers, Murphy, Stecich &amp; Powell
Nicholas Robinson, Planning Board Chairman

RE:

Oversized Residential Development Zoning Text Amendment

The following is an updated draft of proposed zoning text amendments relative to
regulating the size of new residential development. This particular issues has been
discussed at length with the Planning Board, the Village Administrator and most
recently with the Chairman's Committee. The most recent revisions reflect the input
for the aforementioned plus a review of recently enacted language in nearby
Westchester communities.
Our office is currently working on a companion piece to the proposed text amendments
which would include a neighborhood character survey. As suggested by the Village
Administrator, the survey would start with the R-2 and R-2A zones and focus on:

John J. Saccardi, AICP
David B. Schiff. AICP, PP
Syrette Dym, AICP
Oavid B. Smith, AICP
Margaret H. Uhle, AICP, RLA
Bonita J. Von Ohlsen, RLA
Csaba Teglas, AICP
Consultant
Land Development
Comprehensive Planning
Zoning
Real Estate Economics
Environmental Studies
ising
munily Development

#

1.

lot coverage for both principal and accessory buildings. This portion' of the
survey would use existing mapping to be provided by the Town of Mt.
Pleasant.

2.

Building height - number of stories conducted by windshield survey

3.

Building type - inventory of building types to be a basis for describing building
characteristics including such items as roof line treatment, materials and garage
placement.

The inventory information would become a resource for the Architectural Review
Board during their review of individual projects.

�To: Hon. Philip Zegarelli, Mayor and
Board of Trustees
July 9, 2002
Page 2

Proposed new zoning text indicated using italics font.
Section 62-4 Definitions.
FLOOR AREA - The sum of the gross horizontal area of the several floors of a structure and its
accessory buildings. "Floor area" shall not include cellar space, stairways, unenclosed porches,
decks, patios and breezeways, accessory off-street parking space or loading berths or any floor-toceiling height of less than seven (7) feet.
FLOOR AREA RATIO - the ratio of gross floor area of all structures on a lot to the total lot area.
Section 62-9. D. Purpose and Applicability. The distinctive character of the different residential
neighborhoods in the Village of Sleepy Hollow is based on the diversity in the style and design of
homes as well as the general uniformity in the scale of homes located on similarly-sized lots in the
different neighborhoods throughout the community. The potential for tearing down existing home
and replacing them with substantially larger homes or building large additions to existing home
threatening the appearance and impacts upon the health, safety, welfare and quality of life for the
residents of the Village of Sleepy Hollow.
Maximum Floor Area Ratio as indicated in Table 62-9. D-l herein, the maximum floor area ratios
(FAR) for houses in single family districts shall be as follows:
Table 62-9.D-1
Illustrative Table of Maximum Floor Area Ratio (FAR)
Lot Size

FAR

Maximum Building Site (s.f.)

&gt; 80,000

0.14

11,200

70,000

0.15

10,500

60,000

0.15

9,000

50,000

0.15

7,500

43,560

0.16

6,969

30,000

0.22

6,600

20,000

0.31

6,200

15.000

0.40

6,000

10,000

0.42

4,200

5,000

0.55

2,750

4,000

0.60

2,400

3,000

0.62

1,860

�To: Hon. Philip Zegarelli, Mayor and
Board of Trustees
July 9, 2002
Page 3

62-9. E Special Permit for Land Consolidation and Development in Residential Districts. In all
residence districts, a special permit shall be required when two or more building lots are combined
for the purpose of constructing a residential building or buildings.
Special Permit Approval
The Planning Board may authorize the issuance of a special permit for the merging ofone or more
lots in a residential district for the purpose of constructing a residential building(s), after a public
hearing and provided that it shall find that the following conditions and standards have been met:
J.

The proposed building shall relate to the surrounding neighborhood by way of a quality of
building and overall site design which will enhance and protect the character and property
values ofthe adjacent neighborhood. The Planning Board shall evaluate bulk, dimensions,
materials, location on the site and in relation to development on adjoining properties, the
natural terrain and vegetation, where applicable.

2.

The Planning Board shall also consider whether the proposed structure has a striking
dissimilarity, visual discord or inappropriateness with respect to other structures located
or proposed to be located within the same residential neighborhood.

Should you have any question regarding the proposed zoning text amendments indicated above
please feel free to call. I look forward to discussing this matter with the Board at your next meeting.

F \M\M-720 Sleepy HollowvMemos\M-720.28-oversized resident dev ord

�Saccardi &amp; Schiff, Inc.

Planning and
Development
Consultants

245 Main Street
White Plains
New York 10601
Tel: 914-761-3582
FAX: 914-761-3759
sands@saccschiff com
33 Front Street
Hempstead
New York 11550
Tel: 516-486-0610
FAX: 516-486-0615

John J. Saccardi, AICP
David B Schiff. AICP, PP
Syrette Dym. AICP
David B. Smith, AICP
Margaret H. Utile, AICP, RIA
Bonita J Von Ohlsen, RLA

July 16,2002
To:

Hon. Philip Zegarelli, Mayor and Board of Trustees

From: David B. Smith, AICP
cc:

Dwight Douglas, Administrator
Brian Murphy, Village Attorney
Nicholas Robinson, Planning Board Chairman

Re:

Supplemental Information for Neighborhood Character Study

The Village is currently considering zoning text amendments which would begin to
address the issue of inappropriately sized homes being built within existing established
neighborhoods. The proposed zoning text addresses the issue of overall size of new
construction or additions to existing homes, but does not go into detail with respect to
the compatibility of the new residence to its neighbors and/or surrounding area. This
was one of the issues raised by the Village Administrator in his initial review of the
proposed zoning text amendments.
What has been suggested is the preparation of a neighborhood character survey, a
sample of which is attached hereto. It has been suggested that the survey include a
photograph of each residence, along with an accompanying map to illustrate overall
lot coverage. The purpose of which is to provide the Planning Board and the
Architectural Review Board with a building inventory which would be a basis for
describing the range of building characteristics including: building height, roof
treatment, architectural elements, garage location, and typical building materials.
From the survey a series of acceptable design guidelines could be prepared for
alterations, additions and new construction, all drawn from and supported by the
inventory. This would be similar in concept to the illustrations prepared for the
Village of Scarsdale Design Review Guidelines For Houses in Residence Districts
which was circulated to the Board previously.

Csaba Teglas. AICP
Consultant
Land Development
Comprehensive Planning
Zoning
Real Estate Economics
Environmental Studies
rtousing
community Development

Before continuing much further with the survey I wanted to provide the Village with
an opportunity to comment on both the scope and level of detail. I look forward to
discussing this matter further with the Board, should you have any questions or
comments on the above or attached please feel free to call.

�• — ••»««.&lt;.•* .,*-%*«!tM''iMWftBlS'i«fiiffJ:

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING
October 17,2002

RECEf VED
NOV ~ 8 9(11)7

The meeting was called to order at 8:04 pm by Nicholas Robinson, Chairman. tdiCftfik£ CLERK
noted that a quorum was present.
&gt;«^
i
Present:

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

Absent:

Ed Napoleon
Dorota Szwem-Kopczynski

Also Present:

Dave Smith (Saccardi &amp; Schifl^illage Planner)
Dan Pennella (Charles A. Manganaro/Village Engineer)
Anthony DelVecchio (Recording Secretary)
Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Bob Stiloski (Director, Department of Fire and life Safety)

* ** ' * - *- ^

Announcements:
None.
Agenda:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)

Kendal on Hudson
Karl Dibble
Omnipoint
Antonio Rodrigues
Laurentino Rodrigues
Ichabod's Landing
Monopole permit application status
GEIS/Wireless Location Study
CFF Realty
Barnhart Park
Inner Village Parking
Minutes

George Tanner made a motion to adopt the revised agenda. David Perlmutter seconded.
It was unanimous (5-0).

�1) Kendal on Hudson This is a continuation from previous meetings.
Andy Tung is representing this application along with Steve Evanusa.
Andy Tung spoke about the roofscape and garage facade final designs. He spoke about
moving the cooling towers to grade near the parking lot and their impacts.
George Tanner asked if anyone could fit under the garage railings and access the cooling
towers.
Andy Tung responded no. He discussed the proposed railing design.
The Chair asked if the Village consultants had any questions.
There were none.
The Chair asked if the Board had any other questions.
There were none.
The Chair asked when the plantings would be set.
Andy Tung responded as soon as the site is stabilized from the constriction activity.
David Perlmutter made a motion to adopt the site plan with regards to the garage and
cooling towers. Nicholas Cicchetti seconded. It was unanimous (5-0).

2) Karl Dibble This is a continuation from previous meetings.
Richard Blancato is representing this application along with the applicant Karl Dibble.
Richard Blancato stated that he had some comments on the draft Resolution that he
received from the Village Attorney. He stated that the dates are missing from items # 7
and #17. He proposed a date of one-year from the issuance of the building permit.
There was an open discussion on the date to be inserted.
The Chair recommended adding language to state that the applicant is to agree with the
Village Building Department on a phased implementation of the site development with
specific dates for each phase and submit this schedule to the Planning Board no later than
November 21, 2002 and complete all work by September 18, 2003.
Planning Board Meeting, October 17, 2002
2

�There was an open discussion on the length of time it would take to complete all of the
remediation work as well as all of the proposed site plan work.
The Board, by consensus, asked the applicant to resolve the drainage and retaining wall
issues first then return with a schedule for the remaining work.
Karl Dibble stated that the neighbors do not have any more water entering their
properties.
Antonio Rodrigues is one of Karl Dibble's neighbors. He stated that Karl Dibble has
added an additional two (2) feet of concrete to the top of the existing walls.
The Chair polled the Board.
Nicholas Cicchetti asked how long will the work take to complete.
Dan Pennella responded about 60 days.
George Tanner had no comment.
David Perlmutter stated that the Board should approve the drainage and the walls. He
also stated that the applicant should return in 30 days and report on the status of the
drainage and the retaining walls. Based on his report, the Board will either allow the
applicant to proceed with the remainder of the work or recommend that the matter be
turned over to the Village Attorney.
Ed McCarthy stated that the applicant should return in 30 days.
Richard Blancato stated that the entire plan should be approved.
David Perlmutter made a motion to reject the application and move the matter to the State
Supreme Court.
George Tanner seconded.
The Chair asked the Board for comments.
Nicholas Cicchetti stated that he is against rejecting the application.
Richard Blancato stated that the remediation work would be listed first on the
construction schedule.
There was an open discussion on how to proceed with the application.
Planning Board Meeting, October 17, 2002

3

�I

Richard Blancato stated that the site plan was mutually agreed upon previously. He
stated that the applicant wants to start working.
The Chair referred to the Village Engineer.
Dan Pennella stated that if the applicant starts and does not finish the work; it would be a
big concern for the neighbors.
Karl Dibble stated that he wants to do the job right.
The Chair recommended altering the resolution by having the applicant perform the
remediation work first and then submit a construction schedule for the remainder of the
work.
Richard Blancato stated that the applicant wants to perform all of the property drainage at
the same time.
The Chair asked David Perlmutter to repeat his motion.
David Perlmutter stated that based on the current unlawful condition of the site, the
continuance of unlawful work and the applicant's unlawful remedial work he motion to
reject the application and refer the matter to the State Supreme Court.
George Tanner asked about the drywells on the property.
There was an open discussion on the property drainage.
The Board agreed to approve all drainage work.
Karl Dibble stated that he wants the entire site plan approved or nothing.
Richard Blancato asked the Board for an adjournment to later in the meeting so that he
may speak to his client.

3) Omnipoint This was adjourned to next meeting as per applicant's request.

4) Antonio Rodrigues Sean McCarthy is the project architect and is representing this application along with
Antonio Rodrigues.
Sean McCarthy stated that five (5) copies of the site plan and drainage plans were sent to
the NYS DOT. He also stated that Adler Consulting has been contracted to perform a
Planning Board Meeting, October 17,2002
4

�traffic study of the proposed parking and traffic plan. He discussed the proposed
intersections in detail.
George Tanner stated that he was concerned about the ingress and egress of the site and
also about making a left-hand turn from the property.
Sean McCarthy responded that the traffic consultant would issue a report on their
findings.
The Chair asked if the Board had other comments.
There were none.
The Chair asked if the OPRHP (Office of Parks, Recreation and Historic Preservation)
were contacted since Phillipsburg Manor is across the street.
Sean McCarthy responded no.
Nicholas Cicchetti asked if the exit would be at the northernmost part of the property.
Sean McCarthy responded that the exit is currently at this location. He explained how
traffic would flow in case someone was unable to secure a parking space.
David Perlmutter made a motion to have the Planning Board act as the lead agency.
George Tanner seconded. It was unanimous (5-0).
The Chair stated that the applicant should work on the Environmental Assessments and
the traffic consultant's reports. He stated that the applicant should appear before the
Architecture Review Board and the Waterfront Advisory Committee in the meantime.
Dave Smith responded that the applicant is on the October 21, 2002 Waterfront Advisory
Committee's agenda.

5) Laurentino Rodrigues There was nobody present for this application.

6) Ichabod's Landing The Chair asked if the Board had any comments.
Nichols Cicchetti spoke about the road to be built for the stores on the north side.
Bruce Lozito responded by speaking about how people would access these stores as well
as access to the site.
Planning Board Meeting, October 17, 2002

5

�Nicholas Cicchetti asked about the view shed from Route 9.
Bruce Lozito responded that the Village has accounted for the view shed in the LWRP.
George Tanner asked if the applicant has spoken to the GM developer (Roseland) as of
yet.
Bruce Lozito responded yes. He stated that Roseland is still working out their plans for
the site.
Ed McCarthy asked how would the stores receive their deliveries.
Bruce Lozito discussed two methods on how merchants would receive their deliveries.
The Chair stated that the property is too dense and crowded. He stated that viable
alternatives under SEQRA have not been fully addressed. He also stated that the
applicant has not shown any factual data as to how the project would succeed.
Bruce Lozito responded that they would provide this data in the FEIS.
The Chair stated that until the road is known, it is an artificial plan. He also stated that
this is the first waterfront project, it must be realistic.
The Chair stated that the applicant is not making use of the deep-water port.
Bruce Lozito asked if the Board had any ideas.
The Chair stated that the applicant could load people for riverboat rides.
The Chair stated that a less dense site would be more beneficial to the community.
Bruce Lozito responded that he would try to revise the plan and make it more workable.

2) Karl Dibble (continued)Richard Blancato requested an adjournment to next month. He stated that the applicant
would return with a construction schedule. He stated that the schedule would reflect all
remediation work being performed first. He stated that the ARB meeting is in November.
He stated that the applicant couldn't get on their agenda without an approved site plan.
Ed Lammers stated that this was a viable alternative. He also stated that the site plan
should not be approved without a schedule.
David Perlmutter stated that additional screening should be added.
George Tanner stated that the schedule should be reviewed by the Village Engineer prior
to the next meeting.
Planning Board Meeting, October 17,2002

6

�The Chair read the motion aloud. The applicant will provide the following:
1) construction schedule with phased remediation
2) revised screening
3) identification of work
The Chair asked when the schedule would be ready for review by the Village Engineer
and the Building Department.
Richard Blancato responded two weeks.
The Chair stated that the schedule is due by October 31, 2002.
David Perlmutter added that no additional construction should be done in the meantime.
George Tanner made a motion to approve. David Perlmutter seconded. It was
unanimous (5-0).

7) Monopole permit application status Ed Lammers stated that he has reviewed the records of previous monopole applicants.
He stated that he does not have a sufficient record.
George Tanner recommended checking with the Zoning Board of Appeals.
Ed Lammers asked the Village Planner and Village Engineer to check for any
information.
The Chair stated that once the files are compiled, the Board would have a worksesion and
discuss.
Ed Lammers stated that Sprint wants to measure the height of the monopole and make
any necessary corrections.
Nicholas Cicchetti stated that a Resolution exists concerning the monopole height. He
stated that he remembers the applications from previous Tree Commission reviews of
surrounding trees as a result of monopole applications.

8) GEIS/Wireless Location Study The Chair stated that the scope has been adopted.
Dave Smith stated that selected sites were looked at. He stated that Village owned sites
were looked at first, school property (not buildings) were looked at second. He stated
that Barnhart Park was looked at for a possible flagpole since it would cover the inner
Planning Board Meeting, October 17, 2002
7

�Village and GM as well. He also stated that all technologies would be evaluated.
The Chair asked when will the draft GEIS be available for review.
Dave Smith responded by the end of the year.
The Chair stated that once it is reviewed, a public hearing would be held. He stated that
all case studies from the other communities would be included.

9) CFF Realty Victor Solavik is the project architect. He is representing this project on behalf of the
applicant.
Victor Solavik spoke about the project. He described the proposed 2nd floor addition to
the existing structure.
The Chair asked about traffic ingress and egress.
Victor Solavik responded that there are no changes in the traffic pattern.
George Tanner asked about the number of parking spaces.
Victor Solavik responded that there are 16 spaces available. He also stated that this is
more that what is required.
The Chair stated that the Board must declare itself as the lead agency and then refer the
applicant to the Waterfront Advisory Committee.
Dave Smith stated that the Board should refer the applicant to the Architectural Review
Board for preliminary comments.
George Tanner made a motion to declare the Planning Board as the lead agency, refer the
applicant to the Waterfront Advisory Committee and to the Architectural Review Board.
David Perlmutter seconded. It was unanimous (5-0).

10)Barnhart ParkThe Chair stated that the Village Board of Trustees wants to be the lead agency.
Dave Smith stated that the Village Trustees have declared lead agency status but the
Planning Board would have final site plan approval.
The Chair stated a Phase I review of the site should be performed.
Planning Board Meeting, October 17,2002

�Dave Smith stated that he would make that recommendation to the Village Board of
Trustees.

11) Inner Village Parking Dave Smith stated that he met with George Tanner and Larry Rodrigues concerning
Village parking. He stated that they have prepared a sketch of an area in the inner
Village that could accommodate 45-50 spaces.
Dave Smith also stated that any Zoning Board applicant who cannot meet the parking
requirements under the Village Zoning Code would be required to provide a fee to waive
the requirement. He stated that the fee would go to the Village Parking Authority.

12) Minutes The minutes from July 2002 were reviewed. George Tanner made a motion to approve
the minutes as submitted. David Perlmutter seconded. It was unanimous (5-0).
The minutes from September 2002 were reviewed. Nicholas Cicchetti made a motion to
approve the minutes as submitted. George Tanner seconded. It was unanimous (5-0).

George Tanner made a motion to adjourn. Nicholas Cicchetti seconded. It was unanimous
(5-0).
Adjourned at 10:17 p.m.
Respectfully Submitted,

Anthony Del Vecchio

Planning Board Meeting, October 17,2002

9

�RECEIVED
NOV 16 ?nn?
RESOLUTION
VILLAGE CLERK
KENDAL ON HUDSON CONTINUING CARE RETIREMENT COMMUNITY SITE
PLAN APPROVAL
October 17, 2002
WHEREAS, on September 6,2001 Kendal on Hudson and the Phelps Community Corporation
(jointly the "Applicant"), including its successors and assigns submitted an application to the
Village of Sleepy Hollow Planning Board ("the Board") requesting site plan and wetlands permit
approvals to develop a continuing care retirement community ("CCRC"); and
WHEREAS, the proposed CCRC is situated on approximately 21.4 acres on the western portion
of the existing Phelps Memorial Hospital Center ("Phelps") campus designated on the tax
assessment maps of the Town of Mount Pleasant as Section 110.11, Block 1, Lots 1,2 and 3; and
WHEREAS, the proposed CCRC consists of 225 independent living apartments, 24 enriched
housing units and 42 skilled nursing beds along with common facilities provided in
approximately 435,000 square feet of building area, serviced by 393 parking spaces (the
"project"); and
WHEREAS, the proposed project was the subject of a comprehensive environmental review
conducted by the Mayor and Board of Trustees acting as the Lead Agency under the State
Environmental Quality Review Act (SEQRA) and that the Mayor and Board of Trustees did
issue an Environmental Findings Statement on June 19, 2001, which Findings Statement
concluded that with the mitigation measures imposed, the project minimizes or avoids
environmental effects to the maximum extent practicable and that after due consideration, the
Proposed Action will provide a balance between the protection of the environment and the need
to accommodate social, economic and other considerations of sound public policy; and
WHEREAS, on September 20, 2001, October 18, 2001 and November 5, 2001, the Planning
Board did publicly discuss the contents of the proposed site plan application and the format in
which it would be reviewed; and
WHEREAS, on November 21, 2001, December 3, 2001, December 20, 2001, January 17, 2002
and February 21,2002 the Planning Board conducted and/or continued a public hearing on the
detailed site plan and wetlands permit application upon due notice and all persons wishing to be
heard were afforded an opportunity to be heard; and
WHEREAS, the Planning Board did discuss in detail with the Applicant issues related to
construction and site preparation, architecture and landscaping, circulation, utility systems and
wetland buffer activities; and
WHEREAS, as a result of public input during the public hearing process and comments raised by
the Planning Board, Village staff, and Village consultants, modifications were made to the
proposed site plan application; and

Page I of 3

�WHEREAS, the Planning Board, as an involved agency as defined under Article 8 of the State
Environmental Quality Review Act (SEQRA) and the regulations promulgated thereunder, after
thorough review of the environmental documentation, determined that the proposed project is
consistent with the Environmental Findings Statement adopted by the Mayor and Board of
Trustees as attached to the Planning Board's environmental findings; and
WHEREAS, that the site plan approval incorporates by reference the legends on the site plan
drawings and any material variation from the approved site plan shall require a resolution from
the Planning Board approving said changes; and
WHEREAS, as part of the site plan approval there were specific conditions to be completed
before building permits are issued or any construction commenced including:
2.

The Applicant shall review with the Planning Board the proposed roof drainage system,
including the type of materials if gutters and leaders are used, or in their absence, how
drainage would be accommodated away from the building and directed to the stormwater
management system.

3.

The Applicant shall prepare, subject to Planning Board review and approval, drawings
illustrating the organization and aesthetic treatment of the roof penetrations and roof
scape treatment which shall include sound attenuation and shielding for any use of
cooling towers and compressors for the facility's air conditioning system(s). Further, the
Applicant shall include facade treatment details for the proposed garage facility, using
materials which complement the already proposed buildings.

WHEREAS, on September 4, 2002, the Applicant submitted supplemental material including:
A 1.5 Roof Plan
A2.1 East Elevation (Commons &amp; ILU East)
A3.1 Architectural Details and Materials - Typical Elevation
SP-11.0 Parking Garage - Detail Site Plan
A4.1 Parking Garage -Detail Elevation
A4.3 Parking Garage - Section through Cooling Towers
all dated 09/05/02, and prepared by Divney Tung Schwalbe, LLP; and
WHEREAS, the Applicant has responded to site plan approval conditions outlined above as
follows:
•

proposes to incorporate a roof drainage system consisting of gutters and downspouts that
will be directly connected to the site drainage piping and stormwater management
system. The gutters and downspouts will be made of aluminum and painted white to
match the buildings' architectural trim;

•

prepared a roofscape treatment plan that includes an architectural shingle that varies from
medium to dark brown; plumbing vents located on the west, south and north facing slopes
to minimize visibility from the James H use to the east, said vents to extend a maximum

Page 2 of 3

�of twelve inches above the roof surface and to be painted black; and incorporation of
rooftop architectural elements such as "lanterns", a "tempietto" to screen major roof
penetrations and mechanical appurtenances; and
•

relocation of the project's cooling towers from the tempietto at the west end of the
commons building to a below grade well located between the west side of the parking
garage and the adjacent Kendal visitor parking area. Sound attenuators are proposed on
top of the towers and evergreen screen plantings are proposed around the perimeter of the
well.

•

incorporation of pre-cast concrete panels for the parking garage that match the earth-tone
colors of the Kendal on Hudson residential buildings.

WHEREAS, the Planning Board did discuss the proposed supplemental site plan information at
their September 19,2002 regularly scheduled meeting; and
WHEREAS, the Planning Board requested additional information related to the design of the
cooling tower; and
WHEREAS, on October 2,2002, the Applicant submitted A4.3 Parking Garage - Section
through Cooling Towers dated 10/01/02, prepared by Divney Tung Schwalbe, LLP; and
NOW, THEREFORE, BE IT RESOLVED, that after careful evaluation of the material submitted
the Planning Board does hereby approve the supplemental and revised site plan elements as
meeting the requirements of Conditions 2 and 3 of the "Conditions to be Completed Before
Building Permits Are Issued or Any Construction Commenced" and incorporates those
components as part of the approved site plan; and be it further
RESOLVED, that the conditions and mitigation identified in the Planning Board's previous site
plan approval remain in full force and effect.

&lt;4A

&amp; \

XsM-w—

Nicholas Robinson, Chairman

fi/e^tJbr
Dated

F:\M\M-720 Sleepy Hollow\Resolulions\koh revised site plan.wpd

Page 3 of 3

2)^ Jco 2~

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                    <text>RECEIVED
VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING
July 18,2002

SEP I 1 ?00|fc

VILLAGE CLERK
The meeting was called to order at 8:03p.m. by Nicholas Robinson, Chairman. The Chair
noted that a quorum was present.
/2^/L^f ^0ns-e^,$
Present:

Nicholas Robinson, Chairman
Nicholas Cicchetti
George Tanner
David Perlmutter
Ed McCarthy
Dorota Szwem-Kopczynski

Absent:

Ed Napoleon

Also Present:

Dave Smith (Saccardi &amp; Schiff/Village Planner)
Dan Pennella (Charles A. Manganaro/Village Engineer)
Anthony DelVecchio (Recording Secretary)
Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Angie Borders (Saccardi &amp; Schiff/Village Planner)
Mike Musso (Lawler, Matusky &amp; Skelly/Village RF Engineer)

Announcements:
None.
Agenda:
a)
b)
c)
d)
e)
f)
g)
h)

Douglas Hill sub-division
Karl Dibble
Scoping session for the GEIS/Wireless Location Study
SMSA/ Verizon Wireless
Monopole permit application status
Zoning Code amendments
Other Business
Minutes

George Tanner made a motion to adopt the revised agenda. Nicholas Cicchetti seconded.
It was unanimous (5-0) (Szwem-Kopczynski absent.)

a) Douglas Hill sub-division Andy Tung summarized the Waterfront Advisory Committee decision.
The Chair asked if the Board had any comments.

�There were none.
The Chair read the Resolution aloud (see attached).
Nicholas Cicchetti made a motion to adopt the Resolution as stated. David Perlmi^tter
seconded. It was unanimous (5-0) (Szwem-Kopczynski absent).
George Tanner made a motion to hold the public hearing at the September 19, 200^2
meeting. Nicholas Cicchetti seconded. It was unanimous (5-0). (Szwem-Kopczynski
absent).

b) Karl Dibble This is a continuation of the public hearing.
Tim Cronin illustrated the existing conditions via nine (9) photos.
George Tanner asked if the applicant had applied to the ZBA for a variance for t h ^ fence.
He stated that the fence should be 5-foot tall.
Richard Blancardo responded that the fence would be changed to be 5-foot tall.
The Chair asked if the Village Planner and Village Engineer had any questions.
There were none.
George Tanner commended Tim Cronin for the excellent work presented in the drawings.
He also stated that the trucks that are not part of Mr. Dibble's business would be removed
from the property.
Karl Dibble responded that he is in the process of removing the additional vehicle^,
The Chair asked if there were any public comments.
There were none.
David Perlmutter made a motion to close the public hearing. George Tanner seconded.
It was unanimous (6-0).
David Perlmutter made a motion to draft a Resolution for the next meeting. He al^o
stated that the removal of vehicles should be added to the Resolution.
The Chair added that the Resolution is subject to other required Village approvals^
George Tanner seconded. It was unanimous (6-0).

Planning Board Meeting, July 18,2002

2

�c) Draft scope GEIS Wireless Location Study The Chair referred to Dave Smith.
Dave Smith stated that the public comment period would be held open until September 9,
2002.
The Chair invited public comments on the draft scope.
Jeff Ansavino (Scenic Hudson) spoke. He stated that he would be submitting comments
on the draft scope. He offered to hold a presentation on the planning for a wireless
communication facility.
There were no other public comments.
The Chair asked if the Board had any comments.
There were none.
The Chair stated that comments could be submitted to Bob Stiloski until September 9,
2002.

d) SMSA/ Verizon Wireless This is a continuation from previous meetings.
Leslie Snyder gave a chronological summary of the entire application to date. She stated
that Village Hall and the Reservoir property would not provide adequate coverage. She
stated that thefindingsof the Architectural Review Board and Waterfront Advisory
Committee stated that there is no visual impact as a result of this application.
The Chair asked if there are any questions.
George Tanner questioned Exhibit D in the affidavit package. He asked if the signal
could be transmitted behind itself.
Michael Primrich responded that the antenna would not transmit behind itself.
George Tanner asked how the applicant would transmit to the west.
Vincent Amendola asked the Board to look at sheet 3 of the submitted package. He
stated that the proposed antenna system would provide coverage to the west.
Michael Primrich stated that the antenna pattern could not be overlaid by distance. He
stated that the Phoenix program incorporates the terrain in calculation coverages. He
stated that the North and South antennas collectively provide coverage to the West.
Planning Board Meeting, July 18,2002
3

�George Tanner asked if exhibit A uses the Phoenix program.
Leslie Snyder responded yes.
George Tanner stated that based on the coverage maps, why not use Village Hall.
Vincent Amendola responded that the coverage is based on the height of the building and
the road.
There was an open discussion on the differences between he coverage maps.
The Board asked the applicant to explain if the antennas could be mounted to Village
Hall.
Leslie Snyder stated that there is a 36-foot difference in height between the two structures
and theridgelineis different.
Vincent Amendola provided an elevation plan to further illustrate the ridgeline.
George Tanner asked if the antennas would be mounted to the roof of the Van Tassel
Vincent Amendola responded that the antennas would be mounted to the parapet.
George Tanner asked how far off the roof floor would they be mounted.
Vincent Amendola responded about 12".
The Chair read NYS Building Code section 1191.2 (b) (exterior protection) aloud for the
record. He stated that the applicant would need a ruling from the NYS Building Code or
from the Village Building Department.
Vincent Amendola responded that they would seek a ruling from the Village Building
Department.
David Perlmutter asked if the GM site were excluded, would Village Hall provide
sufficient coverage for the Village.
Michael Primrich responded that it would not be cost effective but coverage would be
sufficient.
Leslie Snyder responded that Village Hall is a pitched roof and the antennas could not be
flush-mounted.
George Tanner stated that the applicant could use a freestanding flagpole.
Leslie Snyder responded that the flagpole needed would be 3-times the height of the
existing flagpole.
There was an open discussion on the requirements needed for a proposed flagpole.
The Chair stated that the applicant has not shown all of the alternates that are available.
He stated that the Village is trying to allow universal cellular coverage under the
Planning Board Meeting, July 18,2002
4

�Ordinance. He also stated that the Van Tassel is eligible for listing under the State or
National Register.
The Chair stated that the applicant should provide the following information:
1) How they intend to comply with the NYS Building Code.
2) The history of the Van Tassel and the historic contribution to the Village.
3) If the historic structure of the building will be effected.
Leslie Snyder stated that the aesthetics of the Van Tassel were previously addressed.
There was an open discussion on the historic nature and aesthetics of the Van Tassel.
The Chair asked the applicant if they had anything further to submit.
Leslie Snyder responded no. She stated that she wanted the letter from the NYS Office
of Parks, Recreation and Historic Preservation submitted for the record.
The Chair summarized the Secretary of Interiors Standards for restoration of Historic
Structures. He also summarized some of the historic nature of the Van Tassel building.
He stated that a historic architect or art historian could determine if adding this equipment
to the building would compromise the historic nature of the Van Tassel.
Ed Lammers referred to Section 62.22.2 (D) sub-section (8) of the Village Code. He
stated that although both structures are in a C-2 district, the Van Tassel abuts a residential
district and Village Hall does not. Pursuant to 66.22.2(D) (8), the applicant has burden to
prove that adequate coverage cannot be achieved by citing the facility on a lot, which
does not abut a residential district. Accordingly, the applicant must prove that Village
Hall or some other site that does not abut a residential district cannot be utilized.
The Chair asked the applicant if their application is complete or will the applicant submit
further documents on the historic fabric of this building meeting the Secretary of the
Interiors Standards for restoration of Historic Structures.
Leslie Snyder asked if the historic input would help the Board make its decision.
The Chair stated that an expert should evaluate the building and the possible impact as a
result of this proposed application.
David Perlmutter stated that a comparison should be made between the Van Tassel and
Village Hall because he thinks that it is a more appropriate structure since it does not abut
a residential district.
Leslie Snyder responded if she should compare the two structures with the GM site or
without the GM site.
David Perlmutter responded that the GM site is a hypothetical situation. He stated that if
a large structure were built on the GM site, the current Verizon proposal would not be
sufficient to provide cellular coverage to the GM site anyway.
Planning Board Meeting, July 18,2002
5

�Leslie Snyder asked if the Board would prefer multiple sites instead of one site in order to
provide coverage.
The Board agreed that this alternative should be evaluated by using whatever technology
available.
The Chair referred to Mike Musso for input.
Mike Musso asked the applicant about the height used to represent Village Hall in the
coverage maps.
Vincent Amendola responded that 35-feet was used for Village Hall.
George Tanner asked the applicant to contact Metro North for possibly installing an
antenna on their property.
The Chair asked if there were any other comments from the Board.
There were none.
Leslie Snyder asked for a recess in order to discuss possible alternatives with her client.
This was temporarily adjourned.

e) Monopole permit application status Dave Snyder is representing Sprint Communications, Inc. He stated that the Village
Attorney invited him to the meeting. He stated that Sprint is prepared to do whatever is
necessary to conform to the original approval.
Ed Lammers stated that he has invited all occupants of the monopole as well as several
local interested agencies to speak about the monopole. He stated that Sprint contacted
him regarding making the necessary corrections to the monopole. He also stated that
Sprint was informed that a Stop Work Order was issued.
Felix Sanchez is the Regional representative for Crown. He stated that he is representing
the monopole owners.
George Tanner asked about Sprint's location on the pole.
Dave Snyder responded that Sprint is on the top of the pole. He stated that Sprint is
prepared to make all revisions necessary to conform to the original approval.
Felix Sanchez stated that he feels that the monopole is at the correct height.
The Chair asked if the monopole could be replaced and made to look like a Christmas tree.
Planning Board Meeting, July 18, 2002
6

�Felix Sanchez responded yes.
The Chair stated that this use is not permitted in a hospital zone.
This was adjourned to next meeting.

d) SMSA7 Verizon Wireless (continuedV
Leslie Snyder stated that if the Planning Board were prepared to make a decision tonight,
they would accept it. She stated that if the Board were not prepared to make a decision,
they would provide whatever is necessary.
The Chair stated that the record is incomplete. He stated that the applicant needs an
appropriate architect or art historian familiar with the Secretary of the Interior's
Standards.
The Chair asked the Board for their comments.
David Perlmutter stated that the applicant is determined to use 95 Beekman Avenue. He
stated that the maps provided to the Board are wrong and incomplete. He stated that the
applicant has not provided enough information. He also stated that he is prepared to
make a decision to deny the application.
George Tanner responded that he was prepared to make a decision.
Nicholas Cicchetti responded that he was prepared to make a decision.
Ed McCarthy responded that he was prepared to make a decision.
Dorota Szwem-Kopczynski responded that she was not prepared to make a decision.
The Chair referred to the applicant.
Leslie Snyder asked if the only thing outstanding from the record is the architectural
historian.
The Chair stated that the Village Planner also asked for a comparison to Village Hall.
The Chair referred to the Village Planner.
Dave Smith asked the applicant if they could possibly use an array of antennas on Village
Hall.
Leslie Snyder asked if the Board would approve Village Hall.
The Chair responded that if Village Hall is a viable alternative, and the aesthetics are
approved, they would certainly consider approving Village Hall.
Planning Board Meeting, July 18,2002

7

�There was an open discussion on what constitutes an acceptable alternative.
It was determined that by using other technologies on Village Hall, it would be
acceptable. The Board stated that the visual impact should not be severe.
Leslie Snyder stated that the applicant would submit a rooftop mount since the antennas
cannot be flush mounted to the Village Hall roof.
The Chair referred to Mike Musso.
Mike Musso asked about the mounting equipment associated with this application. He
stated that Village Hall could be used if the Village has an attic or other appropriate space
that the equipment could be kept.
The Chair asked the applicant to work with the Village Administrator on securing a lease
with the Village. If that cannot be worked out, then he also stated that the applicant could
get a historic architectural analysis of the Van Tassel building. Also, the applicant could
answer the question raised concerning the interpretation of the NYS Building Code.
Leslie Snyder stated that the applicant would try to secure a lease with Village Hall.
This was adjourned to the next meeting.

0 Zoning Code Amendments Dave Smith summarized the comments to the letter dated July 9, 2002 (see attached).
The Chair asked if the Board had any objections to the changes.
There were no objections.
Nicholas Cicchetti made a motion to approve with revisions. Ed McCarthy seconded. It
was unanimous (6-0).

g) Other Business The Chair stated that the Village Trustees have asked for recommendations for a
moratorium on all future wireless applications until the GEIS is completed.
David Perlmutter made a motion to approve the recommendation with the exception that
it does not apply to the existing Omnipoint and Verizon applications. George Tanner
seconded. It was unanimous (6-0).
Dave Smith submitted a copy of a letter dated July 16, 2002 to the Village Trustees
concerning the Neighborhood Characteristic Study (see attached).
Planning Board Meeting, July 18, 2002

�h) Minutes
The minutes for March 2002, April 2002, May 2002 and June 2002 were reviewed. George
Tanner made a motion to approve the minutes as submitted with approval of Village
Counsel. David Perlmutter seconded. It was unanimous (6-0).

George Tanner made a motion to adjourn. David Perlmutter seconded. It was unanimous
(6-0).

Adjourned at 10:50 p.m.

Respectfully Submitted,

Anthony Del Vecchio

Planning Board Meeting, July 18,2002

9

�RESOLUTION
Adopted at the July 18,2002 Meeting
of the Village of Sleepy Hollow Planning Board
RESOLUTION:

Subdivision of Parcel known as Section 115.08, Block 1, Lot 2

PROPOSED:

Subdivision of an existing 56.9± acre parcel into two lots. Lot A consisting of
±33.3 acres, Lot B of ±22.2 acres the transfer of 1.4± acres tot he owners of
two existing parcels (115.08-1-35 and 115.08-1-36) and the transfer to Lot A
of ±1.0 acres of land from David Rockefeller, the owner of property
immediately to the north, under an existing driveway that will serve Lot A.

OWNER:

David Rockefeller Fund

LOCATION:

West of Webber Avenue

TAX MAP
DESIGNATION:

Part of Section 115.08, Block 1 Lot 2

ZONING:

R-l

WHEREAS, the Planning Board of the Village of Sleepy Hollow (the Planning Board) has
reviewed a preliminary plat application dated June 5,2002, including long environmental assessment
form and preliminary subdivision map submitted on behalf of the David Rockefeller Fund (the
Applicant); 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, Planning Board, after finding the application to be complete, did direct the
Applicant to appear before the Village of Sleepy Hollow Waterfront Advisory Committee (WAC) for
a consistency review with respect to the goals and policies outlined in the Village's Local Waterfront
Revitalization Plan (LWRP); and
WHEREAS, the WAC, at its July 2002 meeting did review the application and found it to be
consistent with the goals and policies outlined in the LWRP; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Board does hereby grant
preliminary plat approval and directs the Applicant to distribute the preliminary plat to the appropriate
agencies as outlined in Article III.6B of the Village of Sleepy Hollow Subdivision Regulations for
comment prior to submission of the application for Final Subdivision Plat Approval.
PLANNING BOARD
VILLAGE OF SLEEPY HOLLOW
,Chairman
F- \M\M-720 Sleepy Hollow\Resolutions\Douglus Hill wpd

Date

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING
June 20, 2002
The meeting was called to order at 8:04p.m. by Nicholas Robinson, Chairman. The Chair
noted that a quorum was present.
Nicholas Robinson, Chairman
Nicholas Cicchetti
George Tanner
David Perlmutter
Ed Napoleon

Present:

RtCEIVED
JUL - 5 2002
VILLAGE CLERK

Absent:

Ed McCarthy
Dorota Szwem-Kopczynski

Also Present:

Dave Smith (Saccardi &amp; Schiff/Village Planner)
Dan Pennella (Charles A. Manganaro/Village Engineer)
Anthony DelVecchio (Recording Secretary)
Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Bob Stiloski (Director, Department of Fire and Life Safety)
Mike Musso (Lawler, Matusky &amp; Skelly/Village RF Engineer)
Jim Margotta (Building Inspector, Department of Fire and Life Safety)

Announcements:
None.
Agenda:
a)
b)
c)
d)
e)

0
g)
h)

0
J)

Douglas Hill sub-division
Karl Dibble
Draft scope GEIS Wireless Location Study
Monopole Permit application status
SMSA/ Verizon Wireless
Historic Landmark designation
Affordable Housing
Phelps Professional Building
Minutes
Other Business

George Tanner made a motion to adopt the revised agenda. Nicholas Cicchetti seconded.
It was unanimous (4-0) (Napoleon absent).
a) Douglas Hill sub-division The Chair asked if the Board had any questions for the applicant.

1\t/o\

�There were none.
The Chair stated that he disagrees with the application with regards to the scenic impacts
to the site.
Nicholas Cicchetti made a motion to refer this application to the Waterfront Advisory
Committee for LWRP review. David Perlmutter seconded. It was unanimous (4-0)
(Napoleon absent).

b) Karl Dibble The applicant provided the proof of mailings to Bob Stiloski.
Richard Blancardo is the applicant's attorney. He clarified the proposed use of the
property. He stated that there is an existing building on the property and that the
proposed additional structure would be an extension of the current mixed-use. He stated
that the only possible zoning restriction would be lot coverage and that the proposal
would not violate that zoning restriction and that no variances would be required. He
stated that the height of the structure would be worked out with the architect and Building
Department. He stated that the property would not be used as a nursery. He stated that
the property would not contain gas tanks, fertilizer, etc on site. Lastly, he stated that the
applicant would be residing above the proposed new structure.
Tim Cronin is the Project Engineer. He spoke about the proposed retaining wall changes
and the new dry wells.
Jim Margotta asked about the railroad tie retaining wall.
Tim Cronin responded that it would be removed.
The Chair asked about the corrective measures to be taken for the drainage of the
property.
Tim Cronin responded that two dry wells would be added.
The Chair asked if the proposed dry wells would prevent water from flowing onto the
neighbor's property or onto Broadway.
Tim Cronin responded yes.
The Chair asked if the Board had any questions.
There were none.
The Chair referred to the Village consultants.
Planning Board Meeting, June 20,2002

2

�Dan Pennella asked if there would be two terrace walls built on the west side.
Tim Cronin responded that the walls would be installed to protect the neighbor's
property. He stated that the walls would be two-foot high.
Dave Smith asked if any maintenance would be needed for the dry wells.
Tim Cronin responded that there is no maintenance required for the dry wells.
The Chair opened the public hearing.
Don Catano (43 Lawrence Ave.) spoke. He stated that the property was raised 5 feet. He
asked if the property would be raised two additional feet.
Tim Cronin responded no. He stated that the wall would be two feet in total.
Don Catano asked if the existing retaining walls and dirt would be removed.
Tim Cronin responded yes.
Don Catano stated that the property should be leveled back down to street level.
Tim Cronin discussed the original conditions. He spoke about the retaining walls.
Don Catano stated that he disagreed with the stated original conditions. He stated that the
applicant poured concrete footings. He stated that the footings should be removed.
Tim Cronin responded that he is unaware of any footings. He stated that once the grade
is restored, all foreign materials would be removed.
There was an open discussion on whether the Board could recommend restitution to the
neighbors for damages caused by the applicant.
The Chair referred to the Village Attorney.
Ed Lammers responded that the Board does not have the jurisdiction to recommend any
restitution.
Antonio Rodriguez spoke. He stated as long as the job is done properly, he is satisfied.
He asked about the distance between the walls and the buildings.
Tim Cronin responded that the walls would start one foot onto the applicant's property.
Charles Dumis (47 Lawrence Ave.) spoke. He asked about the parking associated with
the property.
Tim Cronin responded that there are 13 spaces available on the property.
Charles Dumis asked how many vehicles on the property are used for the business.
Tim Cronin responded four spaces would be used for the business.
Mrs. Catano spoke. She stated that the applicant has planted 20-foot high trees on top of
the existing gravel and retaining walls.
Tim Cronin responded that it would be corrected.
Planning Board Meeting, June 20, 2002
3

�Jim Margotta asked for a landscaping plan to be submitted.
Dan Pennella stated that the applicant was to provide sketches to further illustrate the
retaining walls.
There was an open discussion on the sketches to be provided.
It was decided that the applicant would provide a landscape plan.
The Chair stated that the applicant needs to submit the following:
1) A landscape plan
2) Visuals
Richard Blancardo responded that the Village Ordinance requires screening.
Don Catano requested that the screening not exceed 5-6 feet in height.
The Chair stated that a green buffer should be installed and maintained by the applicant.
Tim Cronin inquired about the visuals required by the Board.
There was an open discussion on the visuals to be submitted to the Board.
Dave Smith asked about the equipment to be stored on site.
Karl Dibble responded that the equipment would be stored in the proposed garage.
George Tanner asked if the other vehicles would be removed from the property.
Karl Dibble responded yes.
David Perlmutter made a motion to hold the public hearing open to the next meeting. Ed
Napoleon seconded. It was unanimous (5-0).

c) Draft scope GEIS Wireless Location Study The Draft was circulated to the Board (see attached).
The Chair asked if the Board had any comments.
There were none.
The Chair stated that the Public Schools of the Tarrytown's should be added to the list of
interested agencies. The Chair stated that the ARB criteria and SEQRA laws of the
Village of Sleepy Hollow should be added (in part II). He also stated that the Village
Tree Ordinance should be added (in part V).
Planning Board Meeting, June 20,2002

4

�It was agreed that the public comment period for the GEIS would b ^ held open until
September 9, 2002.
The Chair read the Resolution aloud for the record (see attached).
George Tanner made a motion to adopt the Resolution. Nicholas C icchetti seconded. It
was unanimous (5-0).

d) Monopole permit application status The Chair summarized the current monopole issues. He referred to the Village
consultants for their input.
Ed Lammers stated that on May 22, 2002, Sprint contacted Bob Stiloski in order to
perform some work on the monopole. He stated that Bob Stiloski informed Sprint that no
work should be performed on the monopole.
Bob Stiloski stated that on May 29, 2002, Sprint was observed performing work on the
monopole.
Ed Lammers stated that the Village instructed the representatives o^" Sprint to cease
working on the monopole, and that Sprint may only perform such work as was necessary
to make sure the system is operational. He stated that Sprint would have to appear before
the Planning Board and explain exactly what was done.
Leslie Snyder spoke. She detailed what was previously approved a^id what currently
exists. She spoke about Sprint's attempt to move the antenna from the current height of
116 feet to the approved height of 110 feet.
There was an open discussion on whether an applicant can make acLjustments to modify a
previously approved site plan.
It was determined that alterations to a previously approved site plar* require a new
application.
The Chair stated that Kykuit and the Rockefeller State Park Preserve are a concern of the
Planning Board. He sated that Sprint stipulated that the height of thie monopole would
not exceed the height of the tree line. Despite Sprint's stipulation, t:he height of the
monopole exceeded the height of the tree line. He stated that a notice should be sent to
Sprint, all monopole occupants and Phelps Hospital inviting them t o the next Planning
Board meeting to discuss the height of the monopole.
The Board discussed whether the monopole is a hospital use.
Planning Board Meeting, June 20, 2002

5

�George Tanner made a motion to carry this item over to the next meeting. David
Perlmutter seconded. It was unanimous (5-0).
The Chair stated that the Board would like to review the original lease between the
monopole occupants and Phelps Hospital.

e) SMSA/ Verizon Wireless This is a continuation from previous meetings.
Leslie Snyder stated that Verizon has re-approached St. Theresa's Church. She submitted
a letter dated June 2,2002 from St. Theresa's Church indicating that they are still not
interested in placing an antenna on the roof of the church.
Leslie Snyder submitted revised coverage maps to the Board.
The Chair asked if the maps were provided to the Village consultants.
Dan Pennella stated that his office had not received the revised maps.
Leslie Snyder provided copies to the Village consultants.
George Tanner referred to Exhibit A from the submitted affidavit. He referred to the
coverage gaps.
Leslie Snyder responded that a different simulation program was used to generate the
revised coverage maps.
George Tanner compared Exhibit A and Exhibit B. He stated that they don't match.
Leslie Snyder responded that there are differences with the software and the plotter used.
There was an open discussion on the accuracy of the maps used to demonstrate the
proposed coverage.
The Chair stated that the maps should be accurate since they are part of the public record.
George Tanner asked about the proposed antenna mounting locations.
Vincent Amandolo responded that the antennas would be mounted on the North, South
and East portions of the building.
George Tanner asked how Verizon is picking up coverage to the West.
Michael Primrich responded that the antenna selected would provide adequate coverage
Planning Board Meeting, June 20,2002
6

�to the West.
George Tanner asked if the antennas could be guided up and down as well as side-to-side.
Michael Primrich responded yes but they would not provide adequate coverage.
The Chair stated that Village Hall is not adequate according to submitted maps. He asked
the applicant to further explain.
Vincent Amandolo responded that there is a 30-foot difference in height between the Van
Tassel Building and Village Hall.
George Tanner asked for the elevations of both buildings above sea level.
Vincent Amandolo responded that both buildings are at 80 feet above sea level.
George Tanner asked about the Village owned property at the reservoir.
Leslie Snyder responded that a monopole would be required.
The Chair stated that the reservoir is 405-feet above sea level.
The Chair stated that there are two Village properties available. They are as follows:
1) Village Hall
2) Reservoir
The Chair stated that the Code requires the applicant to submit viable alternatives and
also encourages the use of Village owned lands and that it would be helpful to submit a
written explanation detailing why both locations are not viable.
Michael Primrich stated that if the structure elevation is too high, the location is not
useable. He stated that tall buildings in Manhattan are not used for this same reason.
Leslie Snyder asked for a clarification on what the Board expects at the next meeting.
It was discussed that the applicant should demonstrate why the applicant cannot use
either Village Hall or the Reservior.
The Chair asked if there were any other questions.
Dan Pennella asked if coverage maps of the monopole are computer generated.
Michael Primrich responded yes. He explained that Verizon uses several different
software packages. He stated that these plots are generated and merged with street atlas
software at the same scale.
The Chair asked if the Board had any other questions.
Planning Board Meeting, June 20, 2002

7

�There were none.
David Perlmutter made a motion to continue to the next meeting. Ed Napoleon seconded.
It was unanimous (5-0).
The Chair stated that all materials should be submitted 10 days prior to the next meeting.

0 Historic Landmark designation The Chair stated that the Board has been asked for comments on the Historic Landmark
designation for the mansions between the high school and the elementary school.
There were no objections by consensus.

g) Affordable Housing This was carried over to next meeting.

h) Phelps Professional Building The Chair stated that as a condition of a previous site plan approval, some of the parking
for the building was to be carried over to another site.
George Tanner asked about the blasting protocols.
The Chair stated that the Board should look at the blasting protocols for the Town of
Greenberg as a model.

i) Minutes The minutes for March 2002, April 2002 and May 2002 will be reviewed at the next
meeting.

j) Other Business Dave Smith stated that he has received a letter from Mike Peters representing Omnipoint.
He stated that Omnipoint claims to have responded to all of the Village's comments. The
letter also states that Omnipoint is revising their comments to reflect the height issues.
Planning Board Meeting, June 20,2002
8

�The Chair stated that the Board would not hold a meeting in August 2002.

George Tanner made a motion to adjourn. David Perlmutter seconded. It was unanimous
(5-0).

Adjourned at 9:52 p.m.

Respectfully Submitted,

Anthony Del Vecchio

Planning Board Meeting, June 20,2002

9

�VILLAGE OF SLEEPY HOLLOW PLANNING BOARD
RESOLUTION
NOTICE OF INTENT TO ACT AS LEAD AGENCY
VILLAGE-WIDE WIRELESS COMMUNICATIONS FACILITY
SITING PLAN
WHEREAS, the Village of Sleepy Hollow Planning Board (the "Planning Board") is provided the
authority under Section 62-22.2.N of the Zoning Code of the Village of Sleepy Hollow (the "Village
Code") to grant special use and site plan permits for location, construction and installation of
wireless communications facilities; and
WHEREAS, the Planning Board is concerned with the unplanned proliferation of wireless
communication facilities throughout the Village and the potential visual and aesthetic impacts
associated therewith; and
WHEREAS, the Planning Board is desirous, after reviewing several completed and pending
applications to create a comprehensive Village-wide wireless antenna siting plan; and
WHEREAS, the Planning Board recognizes the importance of colocating facilities in strategic
locations and incorporating stealth technology to mitigate potential aesthetic impacts; and
NOW, THEREFORE, BE IT RESOLVED, that the Planning Board does hereby declare its intent
to act as Lead Agency under the State Environmental Quality Review (SEQR) laws for the
preparation of a generic environmental impact statement (GEIS) analyzing colocational, aesthetics
and other issues of sound planning and public policy; and, be it further
RESOLVED, that the Planning Board will be holding a public scoping session on July 18,2002, at
8:00 PM at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591 on the attached
draft scoping outline; and, be it further
RESOLVED, that the public comment period will held open until
during which time
written comments can be submitted for the Planning Board's consideration and such correspondence
should be directed to Mr. Robert Stilowski, Director of Fire and Life Safety at Village Hall, 28
Beekman Avenue, Sleepy Hollow, New York 10591.

Nicholas Robinson, Chairman

F:\M\M-720 Sleepy Hollow\ResoIutions\M720.22 - Wireless GEIS noi.wpd

Date

�Scoping Outline:

Proposed Wireless Communication Facility Locational Plan Village of
Sleepy Hollow, New York

Lead Agency:

Village of Sleepy Hollow Planning Board.

Public Scoping Session to be held on July 18,2002. Comment period held open until July 25,2002.
List of other interested, involved and other agencies
Hon. Philip Zegarelli, Mayor and Board of Trustees Village of Sleepy Hollow
Westchester County Department of Planning
Town of Mt. Pleasant Supervisor's Office
Town of Greenburg Supervisor's Office
Mayor Village of Tarrytown
New York State Office of Parks, Recreation and Historic Preservation
New York State Department of Environmental Conservation and Region III.
Scenic Hudson

Description of Proposed Action
The Village of Sleepy Hollow Planning Board (the Planning Board) is responsible for the review and
issuing of special permits and site plan approvals for wireless communication facilities under Section
62-22.2 of the Zoning Code. The Planning Board has become concerned about the proliferation of
wireless communication facilities (WCF's) throughout the Village and the potential cumulative
impact of these facilities on the landscape. In an effort to coordinate the siting of these facilities, the
Planning Board is conducting a wireless communication facility locational plan for the entire
Village. The goal of the GEIS is to evaluate where the optimal site(s) for co-locating multiple
carriers and how those prospective facilities can be constructed so that they present the least impact
as possible.
I.

Executive Summary

A.
B.
C.
D.
E.
F.
G.

Brief Description of Proposed Action
Need for the Project
Summary of Relevant Environmental Conditions
Summary of Significant Beneficial and Adverse Impacts
Mitigation Measures Proposed
Summary of Alternatives
Involved and Interested Agencies, Required Permits/Approvals

II.

Description of Proposed Action

1.

Telecommunications Act of 1996

�2.

Identification of Different Personal Wireless Services Providers
a.
b.
c.
d.
e.

Cellular
Personal Communication Services (PCS)
Enhanced Specialized Mobile Radio (ESMR)
Specialized Mobile Radio (SMR)
Paging

3.

Viewsheds of Local/Regional Significance (LWRP)

4.

Existing Wireless Carriers in the Village and Surrounding Area.

III.

Existing Environmental Conditions, Anticipated Impacts aad Mitigatim

1.

Siting requirements
a.

Site Identification and Preliminary Screening
(1)
elevation
(2)
physical setting
(3)
aesthetics
(4)
proximity to sensitive receptors
(5)
proximity to historic landmarks

2.

Identification of potential co-locational sites

3.

Impact Evaluation of Each Site
(a)
(b)
(c)

4.

Proposed Mitigation
(a)
(b)
(c)
(d)

IV.

aesthetics
physical disturbance
cumulative impacts

stealth
camouflage
landscaping
other

Alternatives
Alternative Sites Considered

V.

Applicability to LWRP

�VI.

Adverse environmental impacts that cannot be avoided or adequately mitigated if the
proposed action is implemented.

VII.

Irreversible and irretrievable commitments of environmental resources that would be
associated with the proposed action should it be implemented.

VIII. Any growth inducing impacts of the proposed action.
IX.

Appendix
Field measurement survey analysis

F:\MVM-720 Sleepy HoUowVScoping OutlincsNProposed Wireless Comm Fac Cotocational Ptan.wpd

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING
April 18, 2002

RECEIVED
MAY 1 3 ° W
VILLAGE CLERK

The meeting was called to order at 8:05p.m. by Nicholas Robinson, Chairman. The Chair
noted that a quorum was present.
Present:

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

'//%/

Absent:

Ed McCarthy
Dorota Szwem-Kopczynski

Also Present:

Dave Smith (Saccardi &amp; Schiff/Village Planner)
Dan Pennella (Charles A. Manganaro/Village Engineer)
Anthony DelVecchio (Recording Secretary)
Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Bob Stiloski (Director, Department of Fire and Life Safety)
Jerome Fine (J. Robert Folchetti/ Village Engineer)
Don Ruggerio (Charles A. Manganaro/Village Engineer)
Ward Willis (Keane &amp; Beane/Village Special Counsel)
Mike Musso (Lawler, Matusky &amp; Skelly Engineers/Village RF Engineer)

Announcements:
None.
Agenda:
A)
B)
C)
D)
E)
F)
G)
H)
I)
J)

County House Road
SMSA/ Verizon Wireless
Fremont Pond Dredging
Laurentino Rodriguez
Karl Dibble
Kendal-On-Hudson
Douglas Hill sub-division
Other Business
Resolutions
Minutes

George Tanner made a motion to auopt the revised agenda. David Perlmutter seconded.
It was unanimous (5-0).

O ^

�A) County House Road The Chair read a brief statement from Joel Sachs summarizing the recent court decision
on the County House Road application.
Tom Julius is the applicant. He requested that the public hearing be scheduled for the
Board's next meeting.
The Chair asked if the Board had any objections.
There was no objection.
George Tanner made a motion to schedule the public hearing for final plat approval on
May 16, 2002. Ed Napoleon seconded. It was unanimous (5-0).
Tom Julius stated that he submitted easements that were previously in draft form.
The Chair stated that the applicant should confer with Village Counsel and the Village
Planner.

B) SMSA7 Verizon Wireless This is a continuation of a previous meeting.
The Chair asked if the applicant had anything to add.
Leslie Snyder is the attorney representing this application. She summarized the
application to date including the Waterfront Advisory Committee and Architectural
Review Board reviews. She also spoke about the previous Planning Board meeting and
several concerns of the public and of the Board. She stated that she would address all
concerns.
The Chair summarized the Telecommunications Act of 1996. He referred to the Village
RF Engineer.
Mike Musso (Village RF Engineer) spoke about his review of the application. He spoke
about the federal criteria for safe emission levels. He stated that the FCC governs the
emission levels based on worldwide studies performed by the NYS Department of
Health, EPA, etc. He stated that cellular service operates at a particular frequency. He
stated that the maximum exposure (Building roof) is 23-times lower than the federal
criteria for safe emission levels. At lower levels, the exposure is 100-times lower than
the federal criteria for safe emission levels. At the nearby elementary school (Morse) the
exposure is 300-times lower than the federal criteria for safe emission levels. He stated
Planning Board Meeting, April 18,2002
2

�that the calculations used the worse case scenario.
The Chair asked if the Board had any questions.
There were none.
The Chair opened the public hearing.
Maryann Grogan (95 Beekman Ave spoke). She read a letter from Dr. Mulder
(University of Wisconsin). She asked about the Relative Risk (RR).
Mike Musso responded that the Relative Risk takes a great time to perform. He stated
that it would be based on a study including people who were exposed and people who
were not exposed.
Maryann Grogan asked about the milli-T static field.
Mike Musso referred to Arnie Amosaki (RF Consultant).
Arnie Amosaki responded that the milli-T static field is for magnetic field applications.
He stated that this application would exhibit electro-magnetic fields. He stated that the
milli-T fields do not apply.
Maryann Grogan asked about the effects on pacemakers.
Mike Musso referred to a study on microwaves and pacemakers. He stated that the study
showed no effects on pacemakers. He stated that this application is operating below
microwave frequencies. He also stated that modern pacemakers are made with a
shielding device.
Maryann Grogan thanked the Board for their efforts.
Mario Bellanich spoke. He stated that the Village residents are afraid of exposure. He
stated that this application must be looked at very carefully.
Ann Cronan spoke. She stated that she was concerned with the emissions and their
effects on the local elementary school (Morse).
The Chair asked if a representative of the building was present.
There was nobody present to represent the building owners.
The Chair asked if the landlord was notified.
Leslie Snyder responded that the landlord was notified and is in favor of the application.
The Chair referred to Arnie Amosaki.
Arnie Amosaki spoke about the power density emissions. He stated that cellular phone
emissions are 1000-times more powerful than the equipment proposed in this application.
Planning Board Meeting, April 18, 2002
3

�The Chair asked Arnie Amosaki to submit his qualifications to the Board for the record.
Arnie Amosaki agreed.
The Chair referred to the Village Attorney.
Ed Lammers spoke to the public about the limitations of the Planning Board. He stated
that the Planning Board could determine that the cell towers, etc, are aesthetically
pleasing. He stated that the applicant must meet the FCC standards. He stated that the
applicant must try to place on Village property to minimize disruptions but must also
provide alternative sites. He stated that the Board couldn't place higher criteria than
allowed by the FCC.
Maryann Grogan asked about the weight of the antennas. She stated that there have been
previous problems with the roof.
Leslie Snyder stated that a structural engineer has certified the proposed work.
The Chair stated that the Village Engineer would perform an independent review.
Leslie Snyder summarized the application to date. She discussed the Waterfront
Advisory Committee's decision and stated that this application had been pending for
some time. She reviewed the visual impact via four photos. She showed the small panel
antennas on the Van Tassel building and stated that the panels would not be seen at all.
She referred to Vincent Amandola for his input.
Vincent Amandola (H2M Group) spoke on behalf of Verizon as a planning consultant.
He stated that the antennas would blend into the building exterior.
Leslie Snyder stated that this would be the only application that Verizon would be
submitting in the Village.
George Tanner read Village Code Section 62-22-2 (3) concerning other providers.
Leslie Snyder referred to page 3 of the submitted RF affidavit.
There was an open discussion on the coordination between other providers.
Leslie Snyder asked if the Board had any other concerns.
There were none.
The Chair stated for the record that the application has not been pending for some time.
He also stated that the applicant has not been delayed by other Village Boards. He stated
that the Board would review the full application once the public hearing is completed to
assure that the applicant has complied with all provisions.
Planning Board Meeting, April 18, 2002

4

�The Chair asked if there were any other public comments.
Maryann Grogan asked if there would be any other providers looking to place antennas
on the roof of the Van Tassel.
Leslie Snyder responded that other applicants could submit proposals to place equipment
on the Van Tassel but they would be reviewed on a case-by-case basis.
Leslie Snyder referred to a letter submitted to the Board dated April 16,2002 from
Snyder and Snyder with the attached copy of the Telecommunications Act of 1996.
Since there were no other public comments, Nicholas Cicchetti made a motion to close
the public hearing. George Tanner seconded. It was unanimous (5-0).
George Tanner made a motion to move the application to the next meeting so that the
Planning Board could properly review the entire application. Nicholas Cicchetti
seconded. It was unanimous (5-0).

C) Fremont Pond Jerome Fine is presenting this application. He stated that the application is complete.
The Chair opened the public hearing.
Since there were no public comments, George Tanner made a motion to close the public
hearing. David Perlmutter seconded. It was unanimous (5-0).
The Chair read the Resolution for the record.
Nicholas Cicchetti made a motion to approve the Resolution with minor corrections.
George Tanner seconded. It was unanimous (5-0).

D) Laurentino Rodriguez This is a continuation of a previous meeting.
The Chair referred to the Village Planner and Village Engineer.
Dave Smith stated that the applicant complied with the design requirements of the
Planning Board. He stated that the applicant would re-stripe Chestnut Street.
Dan Pennella stated that the architect has completed all engineering requests. He stated
Planning Board Meeting, April 18,2002
5

�that a complete set of drawings should be provided.
The Chair asked if the Board had any comments.
George Tanner asked if the parking has been tied into the deed.
Ed Lammers responded that the parking is a requirement of the Resolution. He stated
that the applicant must submit proof prior to seeking a Building permit.
The Chair asked if there were any other comments from the Board.
There were none.
The Chair opened the public hearing.
Karl Dibble (315 Broadway) asked if drainage calculations were submitted.
Dan Pennella responded yes.
Since there were no other public comments, George Tanner made a motion to close the
public hearing. Ed Napoleon seconded. It was unanimous (5-0).
The Chair read the Resolution for the record.
George Tanner made a motion to adopt the Resolution as revised. Ed Napoleon
seconded. It was unanimous (5-0).

E) Karl Dibble This is a continuation of previous meetings.
The Chair referred to the Village Planner and Village Engineer for their comments.
Dave Smith stated that the plans from the Architect were submitted on time. He stated
that the Waterfront Advisory Committee requested that they be allowed to review the
plans of the additional building.
Dan Pennella stated that the storm water calculations were submitted and were
acceptable. He stated that revisions were submitted based on discussions between the
consultants.
The Chair asked if the public had an opportunity to review the plans.
Antonio Rodriguez stated that he has not reviewed the drawings.
Planning Board Meeting, April 18, 2002

6

�The Chair stated that the Board needs time to review the plans.
David Perlmutter made a motion to carry over the application to the next meeting. He
stated that if the Village Engineer or Village Planner finds that the applicant is not
cooperating, he would make a motion to drop the application from the Planning Board
agenda. Ed Napoleon seconded. It was unanimous (5-0).

F) Kendal on Hudson This is a continuation of a previous meeting.
The Chair gave a summary of the previous meeting.
Dave Smith distributed page 8 of 14 of the Resolution. It included the proposed changes.
(See attached).
The Chair referred to the applicant.
Andy Tung spoke about revisions to the plans based on a letter from the Village
Engineer.
The Chair asked the Planning Board for comments.
George Tanner asked if the parking garage design is completed.
Andy Tung responded that the garage should not stick out but blend into the buildings.
He spoke about the garage in detail.
The Chair asked if the Board had any comments.
There were none.
Al DelBello stated that the language of page 8 of 14 summarized the Rockwood Hall
issue.
The Chair asked if the lease agreement was provided to the Village Special Counsel.
There was an open discussion on the lease agreement.
It was determined that the lease agreement would be reviewed. Final Site Plan approval
would be dependent on the proper review and acceptance of the lease agreement.
The Chair asked about the State Park requirements on the carriage path maintenance.
Planning Board Meeting, April 18,2002

7

�Al DelBello responded that the applicant would comply.
Dave Smith spoke about page 11 of 14.
The Chair asked if the applicant had a copy of the document.
Andy Tung responded no.
The Chair asked about the connecting path.
There was an open discussion on the connecting path.
It was determined that proper language would be added.
The Chair asked if there were any other connections.
There were none.
The Chair reviewed the Resolution for the record. He referred to the Board's comments
on:
1) Noise
2) Air quality
The Chair asked why the applicant chose oil over natural gas.
Andy Tung responded that high-pressure gas is needed and only low-pressure gas is
available.
George Tanner stated that he was concerned with the potential of oil tank leakage.
The Chair stated that the language would be revised to state that the applicant would try
to use natural gas instead of heating oil.
3)
4)
5)
6)
7)
8)
9)

Storm water runoff at the Metro North tracks.
Wetlands
Tree Commission review
Recreation Fees
Pedestrian trail system and wooded buffer area
Garage facade
Construction road/15 spaces on Rockwood Hall

There was an open discussion on the current and proposed parking conditions.
It was determined that the parking would be permanent. Appropriate language was added
to properly reflect these changes.
10) Wetlands buffer area and stream channel stabilization.
There was an open discussion on whether a negative declaration would be issued.
Planning Board Meeting, April 18, 2002

8

�Nicholas Cicchetti made a motion to adopt with changes. George Tanner seconded. It
was unanimous (4-0) (David Perlmutter not present).
The Chair summarized the Site Plan and Wetlands permit approval for the record.
The document was reviewed and minor grammar and punctuation changes were made.
David Perlmutter made a motion to approve. George Tanner seconded. It was
unanimous (5-0).
David Jones thanked the Board for their diligent efforts on this application.
G) Douglas Hill Sub-division This is an informational meeting.
Andy Tung is representing this application with John Maxwell (attorney). They are
representing the Rockefeller Brothers Fund.
Andy Tung summarized the parcel limits. He described the proposed sub-division. He
stated that the proposal would cut the parcel in half.
Andy Tung stated that a 1.4-acre parcel would be sold to a neighbor. He stated that the
1.4-acre parcel would be mixed in with an existing parcel in order to construct a onefamily residence. He stated that the other parcel would give land under a driveway to an
existing neighboring landowner.
George Tanner asked about the current zoning.
Andy Tung responded R-1.
The Board had no further questions.
H) Other Business The Board was required to elect a Chairman.
David Perlmutter made a motion to re-elect Nicholas Robinson. George Tanner
seconded. It was unanimous (5-0).
I) Resolutions a) Resolution to recommend removal of the existing monopoleThis Resolution is a recommendation by the Planning Board to the Village Board
Planning Board Meeting, April 18, 2002
9

�of Trustees and Building Inspector to remove some or all of the existing
monopole bases on the occupants' failure to abide by the site plan approval.
The Chair referred to Dave Smith for his comments.
Dave Smith stated that all cell occupants would have to appear before the
Planning Board as a result of this Resolution.
The Resolution was read aloud for the record (attached).
David Perlmutter made a motion to adopt the Resolution. George Tanner
seconded. It was unanimous (5-0).

b) Resolution for Generic Environmental Impact Statement The Chair spoke about the generic environmental impact statement (GEIS).
The Resolution was read aloud for the record (attached).
Ed Lammers stated that the Board should seek Board of Trustees approval for
consulting fees.
The Chair agreed and appropriate language was added.
George Tanner made a motion to approve. David Perlmutter seconded. It was
unanimous (5-0).

J) Minutes The minutes for March 2002 will be reviewed at the next meeting.
George Tanner made a motion to adjourn. David Perlmutter seconded. It was unanimous
(5-0).

Adjourned at 11:23 p.m.
Respectfully Submitted,

Anthony Del Vecchio
Planning Board Meeting, April 18,2002

10

�April 18,2002

To:

Nicholas Robinson, Chairman and
Planning Board Members

From: David B. Smith
Re:

Kendal on Hudson Site Plan/ Wetlands Permit Approval

Attached hereto is revised language regarding public access between the Kendal facility and
Rockwood Hall State Park and potential future connection to the south. This language reflects input
from Kendal on Hudson representatives, our office, Keane &amp; Beane, and the Village Administrator
and hopefully provides a reasonable solution to this issue.

�CONDITIONS TO BE COMPLETED BEFORE THE SITE PLAN IS SIGNED
1.

The Applicant's submission to the Village's Special Counsel for review of a fully executed
lease agreement by and between Kendal on Hudson and Phelps Memorial Hospital O S I I l i
BEsiiiSliffll *°r m e

Project, said lease to contain terms and conditions drawn to the

satisfaction of counsel which protect and prohibit development on that portion of the site
denoted as the "buffer area" of approximately seven acres and more fully described on Site
Layout Plan SP-2.0.

BBlBWlBffB^^

tmrnmumwawmBBB
Page 8 of 14

�RESOLUTION
WHEREAS, on or about October 15, 1998, the Village of Sleepy Hollow Planning Board ("the
Planning Board") approved a site plan and special permit approval for the installation of a 110-foot
monopole and two antenna arrays, New York SMSA Limited Partnership and Sprint Spectrum L.P.
(Collectively "the Applicant") with related equipment at the base thereof for wireless
communications on the grounds of Phelps Memorial Hospital (''the action"); and
WHEREAS, after an environmental review conducted by the Planning Board, the Planning Board
granted site plan and special permit approvals for the action based on a site plan submission
consisting of six sheets, last revised 9/15/98; and
WHEREAS, sheet 6 of 6 of the approved site plan entitled "Monopole and Shelter Elevations"
prepared by Edwards &amp; Kelcey Engineers, last revised 6/29/98 includes a depiction of the monopole
and antenna arrays as approved by the Planning Board and such approvals included a monopole and
antenna array system which did not exceed 110 feet; and
WHEREAS, on November 13,2001, Charles A. Manganaro Consulting Engineers (CAMCE) did
submit to Nicholas Robinson, Chairman and Village of Sleepy Hollow Planning Board Members,
a memorandum which detailed field measurements depicting actual height of the monopole; and
WHEREAS, the CAMCE memorandum reviewed field measurements which indicated the monopole
height was, 117.08 ± feet in height, in excess of that initially approved by 7.08± feet; and
NOW, THEREFORE, BE IT RESOLVED, that the Planning Board finds that the subject monopole
is in violation of the initially approved site plan and special permit; and, be it further
RESOLVED, that the Planning Board does hereby recommend that the Mayor and Board of Trustees
direct Building Inspector to take all necessary steps to have the existing monopole taken down; and,
be it further
RESOLVED, that the Planning Board recommends to the Mayor and Board of Trustees direct the
Building Inspector to utilize Section 62-22.2.0 of the Village Code for the removing of the existing
monopole; and be it further
RESOLVED, that henceforth, all future applications for this site would be subject to Section 6222.2.J which requires that any alteration of an existing communications facility to be subject to the
same procedures, rules and regulations applicable to an original application.

Nicholas Robinson, Chairman
F:\M\M-720 Sleepy Hollow\Resolutions\M720.17 Legal Wireless - 4-15-02.wpd

Date

�RESOLUTION

WHEREAS, the Village of Sleepy Hollow Planning Board (the "Planning Board") is provided the
authority under Section 62-22.2.N of the Zoning Code of the Village of Sleepy Hollow (the "Village
Code") to grant special use and site plan permits for location and construction and installation of
wireless communications facilities; and
WHEREAS, the Planning Board is concerned with the unplanned proliferation of wireless
communication facilities throughout the Village and the potential visual and aesthetic impacts
associated therewith; and
WHEREAS, the Planning Board is desirous, after reviewing several completed and pending
applications to create a comprehensive Village-wide wireless antenna siting plan; and
WHEREAS, the Planning Board recognizes the importance of colocating facilities in strategic
locations and incorporating stealth technology to mitigate potential aesthetic impacts; and
NOW, THEREFORE, BE IT RESOLVED, that the Planning Board does hereby declare its intent
to act as Lead Agency under the State Environmental Quality Review (SEQR) laws for the
preparation of a generic environmental impact statement (GEIS) analyzing colocational, aesthetics
and other issues of sound planning and public policy; and, be it further
RESOLVED, that the Planning Board does hereby direct its consultants to prepare an initial scoping
outline identifying those issues to be addressed in the GEIS effective the date of authorization on this
resolution.

Nicholas Robinson, Chairman

F:\M\M-720 Sleepy HoIlowVReso!utions\M720.22 - Wireless GEIS - 4-15-02.wpd

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING
May 16,2002

RECEIVED

The meeting was called to order at 8:02p.m. by Nicholas Robinson, Chairman. TJ^ffhain «_._
noted that a quorum was present.
VILLAGE CLERK

Present:

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

Absent:

Ed Napoleon
Dorota Szwem-Kopczynski

Also Present:

Dave Smith (Saccardi &amp; SchifFVillage Planner)
Dan Pennella (Charles A. Manganaro/Village Engineer)
Anthony DelVecchio (Recording Secretary)
Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Bob Stiloski (Director, Department of Fire and Life Safety)
Joel Sachs (Keane &amp; Beane/Village Special Counsel)
Mike Musso (Lawler, Matusky &amp; Skelly/Village RF Engineer)

Tftfffo \
71™
*

Announcements:
The Chair stated that there would be a work session with the Village Board of Trustees to
discuss Floor Area Ratios (FAR) for the McMansion phenomenon. He stated that this
will take place at the June meeting of the Village Board of Trustees.
Agenda:
A)
B)
C)
D)
E)
F)

GEIS Wireless Location Study
County House Road
Karl Dibble
SMSA/ Verizon Wireless
Annual Report
Minutes

George Tanner made a motion to adopt the revised agenda. David Perlmutter seconded.
It was unanimous (5-0).
A) GEIS Wireless Location Study The Chair stated that the generic study would be performed to analyze the aesthetics and

�coverage within the Village. This would eliminate the need to perform an EIS for every
site. He stated that this would provide a basis for future and more detailed EIS's. He
stated that applicants would only be required to provide a supplemental EIS.
Nicholas Cicchetti made a motion to declare the Planning Board lead agency. David
Perlmutter seconded. It was unanimous (5-0).
The Chair referred to Dave Smith to prepare the public notice.
Dave Smith stated that he would prepare the scoping outline. He stated that it would
provide other agencies to submit comments.
The Chair agreed. He stated that next month, the Board would have the public scoping
session.
Noelle Kirsch (attorney representing Omnipoint) spoke. She asked the Chair about the
Board's opinion on pending applications.
The Chair invited the applicant to the scoping meeting. He stated that the Omnipoint
application is proceeding and the Board is awaiting the FEIS. He stated that the Omnipoint
application may not be affected at all. He stated that the GEIS would provide an
understanding on how to provide coverage in the Village.
Noelle Kirsch stated that she would like for the FEIS to be taken into consideration. She
stated that all items would be ready for the Board's June 2002 meeting.
The Chair asked for all items to be submitted 10-14 days before the meeting.

B) County House Road The Chair referred to Joel Sachs.
Joel Sachs gave a summary of the recent court decision. He stated that Tarrytown
appealed the March 2002 decision. He stated that the applicant and Sleepy Hollow have
filed papers opposing the appeal. He spoke about a letter that was received from
Tarrytown's counsel opposing the Planning Board's scheduled public hearing on the
County House Road application.
Joel Sachs provided the Board with a memo stating that the Board could proceed with the
public hearing.
David Perlmutter made a motion to proceed with the scheduled public hearing. George
Tanner seconded. It was unanimous (5-0).
Henry Hocherman summarized the approval process and the status of the current
Planning Board Meeting, May 16,2002

2

�application within the Village.
Bruce Lozito summarized the proposed sub-division. He discussed lot sizes, scenic
overlook, etc.
The Chair opened the public hearing.
There was no public comment.
The Chair referred to the Village consultants for their input.
Dave Smith asked about the trees to be removed.
The Chair responded that the Tree Commission would evaluate the trees on the property.
Dan Pennella stated that there were no engineering comments.
David Perlmutter made a motion to close the public hearing. George Tanner seconded.
It was unanimous (5-0).
George Tanner made a motion to approve the final sub-division plat approval. Nicholas
Cicchetti seconded. It was unanimous (5-0).

O Karl Dibble This is a continuation of previous meetings.
The Chair referred to a letter from Jim Margotta to Ed Lammers (see attached).
Ed Lammers stated that the Building Inspector has some questions on the application.
The questions were placed in memo form so the applicant could respond. He stated that
the applicant needs to address how the property would be used.
The Chair read the letter aloud for the record.
The Chair referred to the Village consultants for their input.
Dave Smith stated that he is awaiting the Waterfront Advisory Committee's decision.
Dan Pennella discussed revisions to the retaining walls.
David Perlmutter asked if the walls could be clarified visually.
Dan Pennella responded yes.
Planning Board Meeting, May 16,2002

3

�David Perlmutter asked if the walls could be seenfromRoute 9.
Dan Pennella responded slightly.
David Perlmutter asked if the walls could be seenfromthe neighbor's property.
Dan Pennella responded that the walls could be seenfromAntonio Rodriguez's property.
The Chair referred to the applicant to explain the Building Inspector's letter.
Karl Dibble responded that the property would not be used as a nursery or for retail. He
stated that the garage would store vehicles. He stated that there would be no fertilizer on
the property. He also stated that the height of the garage (16') is needed since some of
the vehicles are 15' tall.
There was an open discussion on the height of the structure.
It was agreed that the applicant would build to conform to the Village Zoning Code.
David Perlmutter made a motion to schedule the public hearing. Nicholas Cicchetti
seconded. It was unanimous (5-0).
David Perlmutter stated that the applicant must provide visuals to explain the proposed
series of retaining walls as well as theflowof the storm water.

D) SMSA/Verizon Wireless •
This is a continuation of a previous meeting.
Leslie Snyder summarized the application to date. She stated that the application is
complete. She summarized Waterfront Advisory Committee and Architectural Review
Board approvals.
The Chair stated that the alternate sites were not clear in the application. He stated that
he wanted to know why Village Hall is not to be used.
George Tanner stated that coveragefromthe Phelps monopole originally showed no
coverage gaps. He asked why is this application needed.
Leslie Snyder responded that the original application matches this application.
David Perlmutter asked why was Village Hall not used.
Leslie Snyder responded that it is not tall enough to provide adequate coverage.
Michael Primrich (Verizon RF Engineer) discussed the proposed application with regards
to the coverage it would be providing.
Planning Board Meeting, May 16,2002
4

�George Tanner asked if this would be the last application in the Village by Verizon.
Michael Primrich responded yes. He stated that it would provide adequate coverage to
the GM site.
Leslie Snyder showed the proposed antennas on the Van Tassel and the GM site via four
photos.
There was an open discussion on the coverage areas.
The Chair stated that the applicant should prove to the Board that all alternates have been
addressed.
George Tanner asked if the St. Theresa's church steeple was looked at.
Leslie Snyder responded that the church was not interested. She provided a copy of the
letter to the Board.
The Chair read the letter aloud for the record.
Vincent Amandola stated that the height of Village Hall is not higher that the Van Tassel.
Leslie Snyder stated that the height is important in order to provide adequate coverage to
the Village and the GM site.
George Tanner responded that the submission does not indicate providing coverage for
the GM site.
Michael Primrich responded that this application would provide adequate coverage to the
GM site.
George Tanner asked if Verizon would make this part of their application.
Leslie Snyder responded that if a high-rise were built, this application would not be
adequate.
George Tanner responded that if a 5-story building were built on the GM site, would the
coverage be adequate.
Michael Primrich responded yes.
Nicholas Cicchetti stated that the maps need to be more accurate.
Leslie Snyder responded that the maps would be submitted with more coverage details.
There was an open discussion on the ability of this application to provide coverage to
Kendal and the GM site.
It was determined that the applicant would provide further coverage maps.
David Perlmutter asked the applicant to meet with the Deputy Mayor, Mario DeFelice
about re-visiting St. Theresa's church.
Ed Lammers stated that the Structural Engineer must state in his report that the roof and
Planning Board Meeting, May 16,2002
5

�parapet can support the weight of the equipment facility.
Vincent Amandola responded that the equipment is attached to the parapet and not the
roof and the parapet in its existing condition can support the facilities.
Dan Pennella stated that the original application showed coverage to Merlin Avenue. He
stated that the new application shows coverage to Hunter Avenue. He asked which
coverage area is correct.
Leslie Snyder responded that she would have the answer at the next meeting.
There was an open discussion on the coverage of Merlin Avenue.
It was determined that the applicant would determine if adequate coverage exists or not.
The Chair stated that the applicant would do the following:
1) Determine if the steeple of St. Theresa's Church is available.
2) Determine actual coverage.
Bob Stiloski asked how the equipment would get to the roof.
Vincent Amandola stated that a crane would be required.
Bob Stiloski stated that the applicant would have to address all Police and Fire
Department concerns.
E) Annual Report The Board reviewed the Annual Report submitted by Dave Smith.
The Chair asked if the Board had any comments.
There were none.
F) Minutes The minutes for March 2002 and April 2002 will be reviewed at the next meeting.
George Tanner made a motion to adjourn. David Perlmutter seconded. It was unanimous
(5-0).
Adjourned at 9:27 p.m.
Respectfully Submitted,

1
Anthony Del Vecchio
Planning Board Meeting, May 16,2002

�J' iO' i u i / i vo.oo

««i v«.

CAA cx'tutjix'i'tuuui;

Village of Sleepy Hollow
Department of Fire &amp; Life Safety
MEMORANDUM
TO:

Edward Lammers, Esq.

FROM:

James T. Margotta, Building Inspec

DATE:

May 13,2002

RE:

315 North Broadway I5-14-17A

Jkf

Karl Dibble is the owner of 3 IS North Broadway which is located in the C-l District On
the property at the present time, is a two-family residence with an office on the lower
floor. There is a proposal for a two-story accessory building in the rear yard. The office
building will contain a garage with an apartment on the second floor.
The architect has not indicated the variances that will be required There is no
explanation of how the property and the accessory building will be used and there is no
mention of the coverage of the rear yard. The building is proposed to be 38*-4" high.
Schedule of Regulations Part U states that the maximum height of a building is 35-0.
There is no indication of the maximum height of an accessory building in the Zoning
Code.
There are some concerns about the use of the property and the garage. Will the property
be used as a nursery? Will there be an underground gas tank? How will the garage be
used? What vehicles will be stored in the garage? The garage is 16-0 high: are there
plans for automotive lifts? Where will fertilizer be stored? Will there be safeguards for
loose fertilizer that may flow into the drainage system?
Please refer to Section 62.20-3.F of the Village Code.
Cc:

David B. Smith

JTM:sgs

�RESOLUTION

WHEREAS, the Village of Sleepy Hollow Planning Board (the "Planning Board") is provided the
authority under Section 62-22.2.N of the Zoning Code of the Village of Sleepy Hollow (the "Village
Code") to grant special use and site plan permits for location and construction and installation of
wireless communications facilities; and
WHEREAS, the Planning Board is concerned with the unplanned proliferation of wireless
communication facilities throughout the Village and the potential visual and aesthetic impacts
associated therewith; and
WHEREAS, the Planning Board is desirous, after reviewing several completed and pending
applications to create a comprehensive Village-wide wireless antenna siting plan; and
WHEREAS, the Planning Board recognizes the importance of colocating facilities in strategic
locations and incorporating stealth technology to mitigate potential aesthetic impacts; and
NOW, THEREFORE, BE IT RESOLVED, that the Planning Board does hereby declare its intent
to act as Lead Agency under the State Environmental Quality Review (SEQR) laws for the
preparation of a generic environmental impact statement (GEIS) analyzing colocational, aesthetics
and other issues of sound planning and public policy; and, be it further
RESOLVED, that upon the authorization of funding necessary for the GEIS by the Mayor and Board
of Trustees, the Planning Board does hereby direct its consultants to prepare an initial scoping
outline identifying those issues to be addressed in the GEIS effective the date of authorization on this
resolution.

Nicholas Robinson, Chairman

F \M\M-720 Sleepy Hollow\Resolutions\M720 22 - Wireless GEIS - 4-15-02 wpd

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING
March 21,2002

RECEIVED
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VILLAGE CLERK
The meeting was called to order at 8:05p.m. by Nicholas Robinson, Chairman. The Chair
noted that a quorum was present.
Present:

Nicholas Robinson, Chairman
Ed McCarthy
Dorota Szwem-Kopczynski
Ed Napoleon
George Tanner
David Perlmutter

Absent:

Nicholas Cicchetti

Also Present:

Dave Smith (Saccardi &amp; SchifiTVillage Planner)
Dan Pennella (Charles A. Manganaro/Village Engineer)
Anthony Del Vecchio (Recording Secretary)
Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Bob Stiloski (Director, Department of Fire and Life Safety)
Jerome Fine (J. Robert Folchetti/ Village Engineer)
Don Ruggerio (Charles A. Manganaro/Village Engineer)
Joel Sachs (Keane &amp; Beane/Village Special Counsel)

Announcements:
The Chair stated that the Laurentino Rodriguez application was not noticed and will not
be on this month's agenda. He stated that it will be on next month's agenda.
Agenda:
a)
b)
c)
d)
e)
f)
g)

A Discussion on Affordable Housing Techniques
Kendal-On-Hudson
Verizon
Fremont Pond Dredging
Omnipoint
Karl Dibble
Minutes

George Tanner made a motion to adopt the revised agenda. David Perlmutter seconded.
It was unanimous (6-0).

ll/pl
/I*(0^

�a) A Discussion on Affordable Housing Techniques Dave Smith discussed affordable housing based on the Linkage Study. There was a
concern of the possible effects to the inner Village once the GM property is developed.
Also, the effects of the new Metro North railroad station. He stated that it creates less
affordable housing.
The Chair stated that these are preliminary discussions.
John Saccardi discussed methods of affordable housing. He discussed the impact of GM
and Metro North. In White Plains, he stated that zoning blocks were analyzed.
John Nolan discussed affordable housing in Dobbs Ferry. He stated that affordable
housing was built based on the potential loss of their volunteer Fire Department. He
discussed zoning overlays. He stated that the Village could engage a not-for-profit
housing development. The development could look at developing affordable housing.
John Saccardi stated that zoning could be used as a tool to create affordable housing.
The Chair stated that the Mayor wanted to look at land-use provisions in the Code. He
stated that the Village is to be maintained during the GM process.
The Chair asked if the Board had any questions.
There were none.
The Chair asked if there were any public comments.
Gwen Smith asked how the affordable housing would be accomplished. She asked if it
would be similar to the complex on Route 119. She stated that they gave preference to
Village employees and the rest of the apartments were awarded via a lottery. She stated
that there were problems with the lottery system.
John Saccardi responded that the Village must target specific needs of certain income
levels.
Don Catano stated that the Village should not forget senior citizens.
The Chair agreed.
The Chair asked about the New Roc Housing development.
John Nolan responded that New Rochelle uses numerous Federal, State or County
programs.
John Saccardi responded that the subsidies could be layered to bring the costs down.
The Chair stated that the Board would try to meet with George Raymond to discuss
Planning Board Meeting, March 21,2002

2

�possible recommendations to the Village Code.
Dorota Szwem-Kopczynski stated that the analysis should consist of municipalities of
similar size to Sleepy Hollow. She used Armonk as an example.
The Chair stated that the waterfront district needs to be looked at in order to keep the
Village affordable.
* -.

b) Kendal on Hudson This is a continuation of a previous meeting.
Andy Tung met with the Village Engineer and the Tree Commission. He stated that the
Tree Commission has granted a permit.
The Chair referred to Dave Smith.
Dave Smith stated that he has been working with the applicant on the site plan. He stated
that there are three items before the Board for their review and approval.
1) Resolution of Recreation Fee agreement
2) SEQRA Findings statement
3) Site Plan and Wetlands permit
Dave Smith stated that there is one outstanding issue. He stated that the connection
between Kendal and Rockwood Hall. He stated that the applicant would provide
permanent access between the properties. He stated that the language needs to be
clarified.
The Chair asked if there were any engineering comments.
Don Ruggerio referred to his memo. A copy was given to the applicant.
The Chair stated that the Board has received a letterfromMetro North Railroad stating
that they accept the proposed design.
The Chair stated that Kendal would provide funds for the Village to perform annual
inspections of the drainage system. If the system needs to be cleared, the Village would
clear it and bill Kendal.
The Chair referred to the Tree Commission minutes.
Al DelBello stated that Kendal has made offers to make the proposed facility accessible
Planning Board Meeting, March 21,2002
3

�to the public. He stated that the language should be clarified.
Dave Smith referred to item #6 (on page 10) of the Site Plan and Wetlands permit. He
stated that if Kendal would close the passage to Rockwood Hall, they would be in
violation of the special permit.
The Chair responded that the language might need to be clarified.
The Chair stated that there is nothing in the Board approval on the garage.
Andy Tung stated that he spoke to the project architect on the garage topic. He stated
that they would be returning to the Planning Board and the Architectural Review Board
withfinalcolors and materials.
George Tanner asked if the lightingfixturewould protrude above the tee.
Andy Tung responded no.
George Tanner asked about the size of the trees.
Andy Tung responded that the trees would be between 6-8 feet tall.
George Tanner asked if the trees would block the lightfromthe lot.
Andy Tung responded yes. He stated that the trees would be close to the lot.
The Chair asked if there were any other comments.
There were none.
The Chair read the Recreation Fee Resolution for the record.
David Perlmutter made a motion to adopt the resolution with the addition of the words
"U.S. dollars". Ed Napoleon seconded. It was unanimous (6-0).
The Chair reviewed the SEQRA findings statement for the public. He spoke about:
1) Noise &amp; dust levels
2) Air quality
3) Metro North's approval of storm water management plan
4) Wetlands
5) Tree Commission review
6) Fee agreement
7) Pedestrian trail system and wooded buffer area
8) Garage facade
9) Construction road/15 spaces on Rockwood Hall
Al DelBello stated that the 15 spaces are subject to Office of Parks, Recreation and
Historic Preservation approval.
Planning Board Meeting, March 21,2002

4

�10) Wetlands impact
There was an open discussion on page 14 of 17 concerning the garage facade.
There was an open discussion on how to handle the guarantee of public access to
Rockwood Hall.
It was agreed that language would be added to the Site Plan and Wetlands Permit
approval.
Ed McCarthy made a motion to approve the SEQRA findings. There was no second.
David Perlmutter stated that the documents should be properly reviewed.
The Board agreed.
The Chair stated that the Board would review and comment at the next meeting.

c) Verizon Wireless/SMSA This is a continuation of a previous meeting.
Leslie Snyder is the attorney representing this application. She summarized the
application to date including the Waterfront Advisory Committee and Architectural
Review Board reviews. She commented on the January 15,2002 Village RF Engineer
review which stated that the emission levels were acceptable.
The Chair asked if the Board had any questions.
There were none.
The Chair opened the public hearing.
Theresa Ferguson (95 Beekman Ave) spoke. She stated that she was concerned about
possible interference with her pacemaker.
Leslie Snyder responded that there would be no interference.
Ann O'Connor (95 Beekman Ave) asked about the location of the antennas in relation to
the school.
The Chair responded that the School Superintendent has raised this issue to the Mayor.
Leslie Snyder responded via photos. She stated that the emission levels from the Van
Tassel were measured and they are below the FCC criteria. She stated that Verizon is
using existing technology. She stated that thefrequenciesto be used are the same as TV
Planning Board Meeting, March 21,2002
5

�channels 71-83 in the UHF spectrum.
Don Catano asked about the NY State regulations.
Leslie Snyder responded that the Telecommunications Act of 1996 discusses emission
standards.
George Tanner asked if the Village would be guaranteed that this will be the only
application on the roof of the Van Tassel.
Leslie Snyder responded that the Village Code allows co-applicants.
Ed McCarthy stated that 250 families live in the Van Tassel and he is concerned.
Leslie Snyder responded that the risks are low. She stated that the Village RF Engineer's
report support her statement.
George Tanner asked if the Federal Standards are valid.
Leslie Snyder responded that the Federal Standards have a safety factor built in.
The Chair stated that the Village is considering performing an environmental review
under SEQRA to look at all possible designs and coverages.
Leslie Snyder stated that the applicant has complied with all Village Laws concerning
communication devices. She also stated that the applicant has visited and received
approvals from other Village Boards. She stated that it is an unnecessary delay.
Leslie Snyder asked the Board if the health risk is the only concern.
The Chair responded that the Board wants to review the entire application.
Ed McCarthy seconded. It was unanimous (6-0).
It would be carried over to next meeting and would be first on the agenda.

d) Fremont Pond Jerome Fine is presenting this application. He reviewed the dredging process. He
discussed the time of year that the dredging will occur and the impact to residents.
The Chair asked if the site plan needs to be approved.
Dave Smith responded that the wetlands permit needs to be approved.
George Tanner made a motion to schedule to public hearing for the next meeting. David
Perlmutter seconded. It was unanimous (6-0).
Planning Board Meeting, March 21,2002

6

�e) Omnipoint This is a continuation of previous meetings.
The Chair stated that the public comment period still has 2 days to go. The Chair asked
the applicant if they had anything to add.
Mike Peters stated that Omnipoint had received a letter from Office of Parks, Recreation
and Historic Preservation (OPRHP). The letter was distributed to the Board.
The Chair stated that the Board had received no comments from OPRHP.
Mike Peters stated that he would like a copy of the 11/13/01 letter from the Village RF
Engineer.
The Chair agreed.
This was adjourned to the next meeting.

f) Karl Dibble This is a continuation of previous meetings.
Karl Dibble is the applicant. He stated that his architect is still working on the elevations.
He submitted a letter from his attorney requesting an adjournment until next month.
The Chair read the letter aloud for the record.
George Tanner asked the Village Engineer if the applicant's consultants had contacted his
office.
Dan Pennella responded that he was contacted about four weeks ago.
There was an open discussion on whether to adjourn the application.
David Perlmutter made a motion to drop the application from the Planning Board agenda
if all applicable documents are not submitted to the Board by April 3,2002. George
Tanner seconded. It was unanimous (6-0).

g) Minutes The minutes for December 2001 were reviewed. David Perlmutter made a motion to
Planning Board Meeting, March 21,2002

7

�approve the minutes as submitted. George Tanner seconded. It was unanimous (6-0).
The minutes for January 2002 were reviewed. George Tanner made a motion to approve the
minutes as submitted. David Perlmutter seconded. It was unanimous (6-0).
The minutes for February 2002 were reviewed. George Tanner made a motion to approve
the minutes as submitted. David Perlmutter seconded. It was unanimous (6-0).

George Tanner made a motion to adjourn. David Perlmutter seconded. It was unanimous
(6-0).

Adjourned at 10:09 p.m.
Respectfully Submitted,

Anthony Del Vecchio

Planning Board Meeting, March 21,2002

8

�Saccardi &amp; Schiff, Inc.

A w i n g and
faetopment
Consultants

245 Main Street
WNte Plains
tew * r t 10601
1 * 914-761-3582
FAX: 914-761-3759
SWdsOsaccschiff.coni
33 Front Street
HJwYbrtc 11550
1*516-486-0610
FAX: 516-486-0615

MEMORANDUM

DATE:

March 20, 2002

TO:

Nicholas Robinson, Chairman and
Planning Board Members

FROM:

David B. Smith

CC:

Hon. Philip Zegarelli, Mayor
Dwight Douglas, Village Administrator
Edward Lammers, Village Attorney
Dan Pennella, CAMCE
MikeMusso.LMS
Mike Peters (on behalf of the Applicant)

RE:

Omni point DEIS

Our office has been in communication with the Mayor and Village Administrator
regarding potential issues which should be addressed as part of the Final
Environmental Impact Statement. Provided herewith are comments raised during
those discussions as well as comments from our own review of the DEIS document.
John J. Saccardi. AlCP

1.

What is the relationship of the Applicant to Crown Atlantic Company; and,
the relationship of Crown Atlantic Company to Phelps Memorial Hospital?

2.

Does the Phelps Memorial Hospital pay taxes on the parcel where the
proposed action is located?

r j * i d B Schiff. AICP. PP
Syrette Dym. AICP
0nidB.Smitri.AICP
Margaret H. UMe. AICP RLA
Bonita J. Von Ohlsen. RlA
CsabaTeglas.AJCP
Const***
Land Development
Comprehensive Planning
Zoning
Real Estate Economics
Environmental Studies
Housing
murViy Development

The Chairman has raised the issue of what exactly is the monopole's height?
The Village's consulting engineer has provided the Village with
documentation that indicates that the height is above what was initially
approved.

�IH&gt;
March 20,2002
Nicholas Robinson, Chairman and
Planning Board Members
Page
2

The Applicant needs to respond to theManganaro memorandum ofNovember 13,2001 with
respect to the actual height of the facility.

JMV

4.

The Village's consulting engineer has previously submitted a series of substantive comments
(see memorandum dated November 13,2001). The Applicant needs to respond to all of these
issues in the FEIS.

5.

DuringthepubUchearin^theAppHcant'sRFEngine^rindi^tedthattbecoveragedepictions
contained in the Radio Frequency Engineering Report (maps 1-15) may not be accurate due
to the presence of existing vegetation. It is important for the Village in evaluating this
proposal that the most accurate depiction be provided, particularly where it illustrates the
worst case scenario. The Applicant is requested to review Maps 1-15 and provide any
updates where necessary.

6.

The Applicant should assess the ability to meet their comprehensive plan coverage (Appendix
F, Map 15) by: 1) utilizing a lower elevation of the existing monopole, and 2) supplementing
that coverage with another facility at another location including, but not limited to: a) the
Village Reservoir, b) Douglas Park, and c) the Village pumping station.

7.

The Applicant should explain at what point would there be sufficient volume on the proposed
network that would require additional sites to be added within those areas already covered
or proposed to be covered. One issue that the Village needs to consider is the eventual
development of the General Motors site which may add another 1,QQ0± residents plus an as
yet undetermined number of employees and visitors to the Village.

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March 21,2002
RESOLUTION
Village Of Sleepy Hollow Planning Board
Ratification of Recreation Fee Agreement
WHEREAS, on September 18, 2001, the Mayor and Board of Trustees of the Village of Sleepy
Hollow ( the "Village Board") did adopt a resolution approving a development fee agreement
between Kendal on Hudson, a New York not-for-profit corporation {"Kendal"), Phelps Community
Corporation ("Phelps") (jointly the "Applicant") and the Village of Sleepy Hollow; and
WHEREAS, said development fee agreement resulted from a thorough environmental review
process and the granting of a special permit to allow a Continuing Care Retirement Community
(CCRC) as special permit use in the H-Hospital District; and
WHEREAS, the Village Board has requested that the Planning Board ratify that portion of the
Development Fee Agreement (see attached) as adopted by the Village Board; and
NOW, THEREFORE, BE IT RESOLVED, that upon review of the development fee agreement, the
Planning Board concurs with the amount of the fee in lieu of parkland and that Kendal shall pay to
the Village a recreation fee in the amount of six hundred sixty two thousandfivehundred ($662,500)
which recreation fee shall include fees payable under Section 19B-5 ofthe Village Code, fees in lieu
of reservation of park, land and open space under Chapter 62 of the Village Code and fees in lieu
of park land under the Village Law of the State of New York Section 7-725 and 7-730, with said
recreation fee to be payable to the Village no later thanfive(5) days after the closing on the sale of
the bonds by the Westchester County Industrial Agency to providefinancingfor the subject project;
and, be it further
RESOLVED, that a copy of this Resolution be transmitted to the Mayor and Board of Trustees for
their records.

Nicholas Robinson, Chairman

F:\M\M-720 Sleepy Hollow\Resolutions\022102 KOH fee.wpd

Date

�01/17/2002 12:48

FAX 91463114-1UJU2

MEETING DATE:

RESOLUTION #: 09/86/01

09/18/01

Village of Sleepy Hollow Resolution
Approving Development Fee Agreement
Kendal on Hudson
WHEREAS, an application" for a Special Permit in regard to the construction of a
continuing care retirement community ("CCRC") on the grounds of the Phelps Memorial
Hospital

has been made by Kendal on Hudson, a New York not-for-profit, corporation

('"Kendal") and Phelps Community Corporation, a New York npt-for-pro&amp;t corporation
("Phelps*1) O'ointly the "Applicant"), to the Mayor and Board of Trustees (the-'Board") of the
Village of Sleepy Hollow; and .

_

.

WHEREAS, the CCRC is proposed to be located on a leased parcel of land on the
A

grounds of Phelps located in the Village ofSleepy Hollpw.(tiie "Site"); and
WHEREAS, Kenda] has requested relief from up front payment of the full amount of the
various Professional Review and Consulting Fees prior to dbfairiing'contemplated' financing and
• has also requested the Village, for good cause shown, to exercise its discretion pursuant to
section 19B-8 of the Village Code (Local Law No.

-2001) ?-snot requiring other fees

relating to the planning, review and construction of the CCRC to be paid at the times required
pursuant to the Village Code; and
WHEREAS, Kendal has requested that all remaining required fees, other than the
Professional Review and Consulting Fee, be paid at the Bond Closing and funding of same; and
WHEREAS, Kendal as a duly qualified not-for-profit corporation exempt from real
A

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property taxes, has agreed to make certain 'payments in lieu of taxes' ("PILOT") to the taxing
jurisdictions; and

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WHEREAS, Kendal and the Village desire flexibility regarding the timing of payments
and certainty regarding the amounts of the fees required to be paid by Kendal to the Village
under the Village Code for the development of the CCJR.C (collectively, the 'Tees"); and
WHEREAS, the timing of the payment will benefit (he Village's cashflow,and
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the Board of Trustees
hereby approve the Development Fee Agreement attached hereto'* and made a part of this
Resolution, and
BE IT FURTHER RESOLVEI), that the Mayor is authorized to execute, on behalf of the
Village, a Development Fee Agreement in a form substantially similar to that which is attached
hereto, provided that the amount of the payment set forth therein shall not be reduced.

Moved:Trustee Rodriguez
.

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S«c"6t(ded: T Trustee-Stever
_ . . .

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9600.O1/155588 VI 9/18/01

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�DEVELOPMENT FEE AGREEMENT
KENDAL ON HUDSON

THIS AGREEMENT ("Agreement") made as of me IStbday of SeptcmbeigOOl, by
and between KENDAL ON HUDSON, a not-for-profit corporation duly organized and existing
under the laws of the State of New York, having an office at c/o The Kendal Corporation, P.O.
Box 100, Kennelt Square, Pennsylvania 19348 ("Kendal"), and the VILLAGE OF SLEEPY
HOLLOW, NEW YORK (the "Village"), a municipal corporation duly organized and existing
under the laws of the State of New York, having its principal office at 23 Beekman Avenue,
Sleepy Hollow, New York 10591.
WHEREAS, Kendal has submitted a petition to the Board of Trustees of the Village for
amendments to the Village Zoning Ordinance (the 'Tetirion") to permit the development of a
continuing care retirement community (the "CCRC") on the property of Phelps Community
Corporation ("Phelps Memorial Hospital Center"), and has submitted an application to the
Planning Board of the Village for site plan approval of the CCRC (the "Application"); and
WHEREAS, the CCRC is proposed to be a '^project" (as that term is defined in New
York General Municipal Law Article 18-A) of the County of Westchester Industrial
Development Agency (the "Agency"); and
WHEREAS, Kendal has requested rehef from payment of the full amount of the
Professional Review and Consulting Fee (as defined in section 1 (a) below) prior to the Bond
Closing (as defined in section 1 (b) below) and has also requested the ViUge, for good cause
shown, to exercise its discretion pursuant to section 193-8 of the Village Code (Local Law No.

9600/01/156716 V'l 9/18/01

�r

0 1 / 1 7 / 2 0 0 2 12:18

FAX 914631144(13(12

vfcj « V

-2001) in not requiring other fees relating to the planning, review'and construction of the
CCRC to be paid at the times normally required pursuant to the Village Code; and.

WHEREAS, Kendal has requested that all fees, other than the Professional Review and
Consulting Fee, be paid at the Bond Closing, after all municipal approvals have been obtained;
WHEREAS, Kendal and the Village desire flexibility regarding the timing of payments
and certainty regarding the amounts of the fees required to be paid by Kendal to the Village
under the Village Code for the development of the CCRC (collectively, the "Fees").

NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
herein contained, the parties agree as follows:

Section 1. Professional Review and Consulting Fee.
(a) Kendal shall pay to the Village all Professional Review and Consulting Fees incurred
in connection with the CCRC. For the purposes of this Agreement, the term "Professional
Review and Consulting Fee(s)" shall mean, without limitation: (a) professional and consulting
fees under section 19B-4 of the Village Code; (b) escrow account fees for professional
consultation under section 19B-6 of the Village Code; and (c) environmental quality review fees
under section 19B-7 of the Village Code and/or under the State Environmental Quality Review
Act and the regulations promulgated thereunder.

(b) Payment of any Professional Review and Consulting Fee arising prior to the closing
on the sale of the bonds by the Agency to provide financing for the CCRC (ihe "Bond Closing")
shall be made as they are incurred, up to the sum of 5100,000.00 (540,000.00 of which has
already been paid). Any Professional Review and Consulting Fee in excess of $100,000.00 shall
9600/01/156716 VI 9/18/01

-2-

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be paid by Kendal at the Bond Closing. Any Professional Review and Consulting Fee incurred
for modification review or for any other reason, after the Bond Closing shall be paid by Kendal
pursuant to the Escrow Agreement

In the event that Kendal does not proceed with the

development of the CCRC for any reason, Kendal shall nevertheless be responsible for payment
of all Professional Review and Consulting Fees which shall be paid within ten (10) days of
written noticefromthe Village. If Kendal fails to make any payment due hersunder, after receipt
of a written statement of charges, said payment shall be subject to a penalty equal to ten (10%)
per annum of the delinquent amount.
(c) Until such time as Professional Review and Consulting Fees totaling an aggregate of
SI00,000.00 have been paid, Kendal agrees to maintain a minimum of $1,000.00 at all times in
the escrow account with the Village established for the payment of such Fees pursuant to
agreement with the Village dated as of June 10, 1999 (the "Escrow Agreement") and submitted
as part of its Application.
Section 2. Development Fee.
Kendal shall pay to the Village a Development Fee in the total aggregate amount of
$1,074,800.00. For the purposes of this Agreement, the term "Development Fee" shall mean any
and all fees and costs payable to the Village under the Village Code with respect to the Petition,
the Application and the development by Kendal of the CCRC up to the receipt of a final
Certificate of Occupancy not otherwise specified in sections 1 and 3 of this Agreement,
including, without limitation (a) Architectural Review Board fees under Chapter 6 of the Village
Code; (b) building permit fees under section 19B-2 and Chapter 62 of the Village Code; (c) site
plan application and review fees under section 19B-3 and Chapter 62 of th3 Village Code; (d)

9600/01/156716 Vi 9/18/01

-3-

�electrical pennit fees under section 18-13 of the Village Code; (e) subdivision application and
review fees, if any, (f) certificate of occupancy fees under Chapter 62 of the Village Code (g)
plumbing and sprinkler pennit fees, if any; and (h) sewer and water connection fees under
Chapter 45 of the Village Code.
Section 3. Recreation Fee.
Kendal shall pay to the Village a Recreation Fee in the total amount of $662,500.00. For
the purposes of this Agreement, the term "Recreation Fee" shall mean, without limitation; (a)
recreation fund fees under section 19B-5 of the Village Code; (b) fees in Leu of reservation of
park land and open space under Chapter 62 of the Village Code; and (c) fees in lieu of park land
under New York Village Law sections 7-725 and 7-730.
Section 4. Payment
Kendal shall pay the Development Fee and the Recreation Fee in the total sum of
51,737,300.00, to the Village on the date of the Bond Closing and funding of same but in no
event later than 5 days after the Closing. In the event that Kendal shall default in payment
hereunder, the outstanding balance shall be subject to a penalty equal to ten (10%) percent per
annum of the delinquent amount.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their
respective names and on their behalf by their duly authorized officers, all as of the day and year
first written above.
VILLAGE OF SLEEPY HOLLOW
By:
Philip E. Zegarelli, Mayor
9600/01/156716 V] 9/18/0!

-4-

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« + &lt;»1&lt;'17. 2 0 0 2 1 2 : 4 6

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KEKDAL cm HUDSON

By:

9600/01^56716 Vi 9/18/01

-5-

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING
February 21,2002

J/\ ,
/^//O

The meeting was called to order by Nicholas Robinson, Chairman at 8:00 p.m. The Chair
noted that a quorum was present.
Present:

Nicholas Robinson, Chairman
Ed McCarthy
Dorota Szwem-Kopczynski
Ed Napoleon
George Tanner

MAR - 4 2002
VILLAGE CLERK

Absent:

David Perlmutter
Nicholas Cicchetti

Also Present:

Dave Smith (Saccardi &amp; Schiff/Village Planner)
Dan Pennella (Charles A. Manganaro/Village Engineer)
Anthony DelVecchio (Recording Secretary)
Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Bob Stiloski (Department of Fire and Life Safety)
Jerome Fine (J. Robert Folchetti/ Village Engineer)
Don Ruggerio (Charles A. Manganaro/Village Engineer)
Tom Pease (Lawler, McTusky &amp; Shelly/Village RF Engineer)

Announcements:
The Chair stated that the George Raymond would be at the next meeting to discuss
economic stabilization within the Village.
Agenda:
a)
b)
c)
d)
e)
f)
g)
h)

Michael Doorley
Omnipoint
Kendal-On-Hudson
Verizon
Karl Dibble
Antonio Rodriguez
Fremont Pond Dredging
Minutes

George Tanner made a motion to adopt the revised agenda. Ed Napoleon seconded. It
was unanimous (4-0).

^

�a) Michael Doorlev Geraldine Tortanello is the attorney representing this application on behalf of Michael
Doorley. She summarized the application to date. She stated that the planning firm of
Ferrandino &amp; Associates has performed an analysis of how the subdivision would impact
Phillipse Manor. She stated that it is not inconsistent with the LWRP relative to policies
23, 25 and 25b.
Vince Ferrandino summarized his analysis for the Board. It included simulating potential
impacts to the surrounding properties and the view shed. He stated that policy #23 is not
relevant. He stated that policies #25 and 25b are relevant but the application does not
violate them.
Geraldine Tortanello stated that this house is not part of the original development of
Phillipse Manor. She stated that the sub-division proposes three lots with 75' frontage.
She stated that the sub-division would place the existing house on a lot that is larger than
what was part of the original development of Phillipse Manor. She stated that there are
344 homes in Phillipse Manor and 53% have houses of 75' of frontage.
The Chair stated that as per the Waterfront Advisory Committee's findings, this property
is considered to be critical to the Village.
Geraldine Tortanello stated that the Waterfront Advisory Committee was not detailed in
their findings. She stated that no place in the LWRP does in refer to this property as an
area of great significance.
There was an open discussion on whether or not to refer the application back to the
Waterfront Advisory Committee with the Ferrandino &amp; Associates report or go through a
full EIS.
Geraldine Tortanello requested to refer the application back to the Waterfront Advisory
Committee.
The Board agreed to refer the applicant back to the Waterfront Advisory Committee for
re-consideration.

b) Qmnipoint Mike Peters is representing this application for Omnipoint along with Donna Marie Stipo
(Omnipoint's planner) and Rich Conroy (Omnipoint's RF Engineer).
Mike Peters reviewed the DEIS. He summarized the proposed antenna extension and its
Planning Board Meeting, February 21,2002
2

�physical characteristics. He spoke on the benefits of the proposed stealth array. He
submitted an affidavit listing the people who were noticed for this public hearing.
The Chair stated that the public comment period would be kept open for 30 days.
Rich Conroy (Omnipoint RF Engineer) gave an overview of his credentials. He gave a
detailed summary of the RF analysis via an exhibit showing Omnipoint's coverage gaps
and their need for coverage within the Village. He detailed 9 other locations where other
antennas are operational. He showed an illustration at 80' above sea level.
The existing users are:
1) Nextel - 86'
2) Verizon-100'
3) Sprint - 105'
He provided an analysis of why Omnipoint's coverage area would not be sufficient to
meet coverage needs at 80 feet.
Rich Conroy showed his analysis at 122 feet. He stated that this is favorable to the
alternatives.
The Chair asked about the alternatives.
Mike Peters responded that there are photo simulations in the DEIS that show the
alternatives.
The Chair referred to Appendix P, Figure 7. He stated that it should be mentioned as to
why the alternatives are not viable.
Rich Conroy showed a third illustration for a future application within the Village and its
coverage map. This was labeled exhibit #1 (map 6).
George Tanner asked what areas are important coverage areas to Omnipoint in regards to
this application.
Rich Conroy responded Routes 9 and 117.
The Chair asked that the exhibits be left with the Village for the record.
Rich Conroy discussed alternatives via Exhibit #2 using the Village pumping station at
122 feet. He stated that a new structure would be required.
He discussed providing coverage via Route 117. His map (map #8) showed inadequate
coverage at 122 feet. He also stated that a new structure would be required.
He discussed providing coverage using Village Hall (map #9). He stated that the
building was too low to provide adequate coverage.
George Tanner asked what was the height of Village Hall.
Rich Conroy responded 40 feet.
Planning Board Meeting, February 21, 2002
3

�George Tanner referred to maps 8 &amp; 9 and asked if they were both used, would it provide
the same coverage as the Phelps monopole.
Rich Conroy responded no. He stated that this proposal would lose coverage to the
North.
George Tanner stated that the applicant could use the Route 117rightof way and Village
Hall proposals to provide coverage to the desired areas.
Mike Peters responded that this is only an RF analysis. He stated that it might not be
viable.
Dave Smith asked if the pumping station at 80 feet and Village Hall proposal would
suffice.
Rich Conroy responded no. He stated that foliage would interfere. He stated that maps
are an optimistic view of coverage.
Dave Smith stated that the applicant should show the worst-case scenario under SEQRA.
Rich Conroy discussed providing coverage via St Theresa's Church. His map (map #10)
showed inadequate coverage.
He discussed providing coverage via the Sleepy Hollow Cemetery. His map (map #11)
showed coverage gaps to the North and he stated that this proposal would not be able to
match up with future search rings.
He discussed providing coverage via the old IBM Building. His map (map #12) showed
adequate coverage to the North of the Village but inadequate coverage within the inner
Village.
He discussed providing coverage via the water tank. His map (map #13) showed
adequate coverage to the North of the Village but inadequate coverage within the inner
Village.
He discussed providing coverage via using the Ambulance headquarters on Andrews
Lane. His map (map #13) showed inadequate coverage within Omnipomt's desired area.
Rich Conroy spoke about the stealth array antenna. He discussed repeater technology.
He spoke on how RF and fiber-optic repeaters work. He briefly mentioned how these
options are not viable for this application. He stated that it is addressed in the DEIS.
Rich Conroy stated that a MPE (Maximum Permissible Emissions) study was performed.
The Chair asked if the hospital submitted a letter stating that they agree with the report.
Rich Conroy responded yes.
The Chair asked if Omnipoint is planning to submit future applications to the Village.
Mike Peters responded yes. He also stated that this information has been before the
Board since the DEIS was presented in September 2001.
Donna Marie Stipo started her presentation. She gave a history of the monopole. She
Planning Board Meeting, February 21, 2002

4

�showed four (4) photos (exhibit #3) illustrating the visual analysis of the monopole. She
pointed out the existing carriers and the potential impact of Omnipoint's proposed
antenna.
She showed nine (9) photos (exhibit #4). They included photos from various locations
around the monopole showing pockets of visibility. She discussed the two balloon tests
performed and the visual analysis from Kykuit.
She showed eight (8) photos (exhibit #5). They included photos from Kykuit and the
Hudson River.
The Chair stated that this structure is the first structure to impede the view shed that the
Rockefeller family has maintained for decades.
Donna Marie Stipo discussed how the antenna array could be used to blend-in on other
structures.
George Tanner asked if the antenna could be disguised to look like a tree.
Donna Marie Stipo responded no. She discussed alternative sites and alternative antenna
structures. She also stated that it would not be feasible to construct a new monopole.
Dorota Szwem-Kopczynski asked how much would it cost.
Donna Marie Stipo responded about $150,000.
Dorota Szwem-Kopczynski asked about the lease agreement with Phelps Hospital.
Donna Marie Stipo responded that it was not made public.
George Tanner asked if the monopole had any medical benefits.
Donna Marie Stipo responded only in terms of communications.
The Chair referred to Dave Smith for comments.
Dave Smith responded that he would submit his comments in writing. He also stated that
all questions must be answered by the applicant in writing. Lastly, he stated that he
would address the Mayor and Village Administration's concerns.
The Chair noted a letter from Lawler, McTusky and Shelly (Village RF Engineer).
The Chair also noted a letter from Melvin Levinson dated February 19, 2002.
The Chair opened the public hearing.
Don Catano (45 Lawrence Ave) spoke. He stated that the hospital is not-for-profit.
Jeffrey Ansavino (planner for Scenic Hudson) spoke. He stated that the monopole is
substantially visible and is above the tree line. He stated that the expansion of the cell
tower is inconsistent with the LWRP. He asked the Village to assess the cumulative
impact of the entire tower. He wants the Village to have the applicant use smaller
Planning Board Meeting, February 21, 2002
5

�methods in order to have the least impact to the Village's historic view shed.
Don Swanzager (Sleepy Hollow Manor) spoke. He stated that he wants the Board to
assess the cumulative impact.
Kim Miller (Kykuit) spoke. She stated that she represents the Rockefeller Brothers Fund
and they oppose the extension of the cell tower. She stated that it would increase the
existing visual impact. She referred to her previous letter to the Board.
The Chair asked if there were any other public comments.
There were none.
Mike Peters requested a copy of the letter from Kim Miller.
The Chair responded that it is on file with the Building Inspector.
Ed Napoleon made a motion to close the public hearing. Ed McCarthy seconded. It was
unanimous (5-0).
The Chair stated that public comments could be received until 3/22/02.

c) Kendal on Hudson The Chair stated that the wetlands permit would be discussed with Joel Sachs.
Andy Tung discussed the storm water management system. He provided drainage and
sewage details to the drawings. He discussed some of the landscape details and some of
the erosion control procedures. He also discussed the signage to be used.
Jerry Schwalbe illustrated how the existing culvert was clogged and how it caused
problems to the Metro North railroad.
The Chair stated that there is a problem with the 100-year flood concept.
Jerry Schwalbe stated that two systems were designed. He discussed the proposed
drainage and the overflow methods for any excess of the one-year storm.
The Chair asked if Metro North has participated in the site plan review.
Jerry Schwalbe responded that they anticipate receiving a letter of approval from Metro
North in a few days.
The Chair read the recreation fee resolution for the record.
Al DelBello stated that all fees up to the Certificate of Occupancy have been covered. He
stated that the fees paid were the maximum fees allowed under the Village Code.
Planning Board Meeting, February 21,2002
6

�The Chairman responded except the fee associated with the Tree Commission.
Al DelBello stated that he would like to discuss this item with Joel Sachs.
Andy Tung stated that an application to the Tree Commission has been submitted.
The Chair stated that pedestrian access to Rockwood Hall should be provided from the
parking area to the park while under construction.
Andy Tung responded that the hospital would provide safe access to the North parking lot
on weekends for Rockwood Hall.
There was an open discussion on the Resolution with regards to the Tree Commission.
The Resolution was not signed. It will be addressed with Joel Sachs.
George Tanner made a motion to close the public hearing on the site plan. Dorota
Szwem-Kopczynski seconded. It was unanimous (5-0).

d) Verizon Wireless/SMS A Robert Gordioso is the attorney representing the applicant. He stated that they have
appeared before the Architectural Review Board and the ARB had one comment. They
requested that the flush mounted antennas be moved back inwards onto the Penthouse
roof. He submitted a rendering to illustrate this. He also stated that he would be before
the ARB again this month.
Dorota Szwem-Kopczynski asked about the height of the antennas.
Robert Gordioso detailed the antenna heights and locations.
George Tanner asked if the antennas could be re-directed where the entire mechanism
could be hidden.
Robert Gordioso responded no.
The Chair asked if the Board had any other comments.
There were none.
The Chair referred to the Village consultants for their input.
Dave Smith stated that aesthetics are a concern.
Tom Pease stated that the radiation levels are low and will not cause health risks.
Yolanda Malory (95 Beekman Ave) spoke. She stated the following:
1) She was told the antennas would be below the parapet wall.
2) She stated that the landlord made tenants remove their TV antennas.
Planning Board Meeting, February 21,2002

7

�3) She is concerned with other future carriers wanting to place antennas on the roof.
4) She is concerned with potential interference with other electronic devices.
5) She wanted to know the lease agreement with the landlord.
Robert Gordioso responded that the lease agreement is fair market value. He also stated
that the antenna would not cause interference with other electronic devices or televisions.
He stated that aerial devices do not effect it.
Don Catano (45 Lawrence Ave) spoke. He asked if there is any liability due the roof
access.
Robert Gordioso responded that the roof is always open. He stated that the antenna
would be mounted 6' above the bulkhead and are not accessible.
Ron Turnquist (Beekman Ave) asked if the applicant has considered using the garage
facility.
Robert Gordioso responded that the applicant has looked at using other buildings but this
structure provides the desired coverage.
Linda Leland (95 Beekman Ave) spoke. She stated that she does not want them all
around the building.
The Chair stated that this building is eligible for historic preservation.
George Tanner asked if the antennas could be moved back inward on the roof.
Robert Gordioso responded that coverage would be lost.
The Chair asked if conditions could be place on the approval.
Robert Gordioso responded if the conditions are reasonable.
The Chair asked if the equipment is safe.
Robert Gordioso responded that the equipment is secured, locked and monitored 24/7 by
a central station company.
Elaine Olivari (95 Beekman Ave) spoke. She requested additional information regarding
the safety of cell towers.
Robert Gordioso referred to the Village RF consultant.
The Chair responded that the reports are on file. They would be provided upon request.
Jeffrey Ansarvino (Scenic Hudson) spoke. He recommended three methods as
alternatives to offset the visual impacts.
Robert Gordioso addressed all three methods and spoke about why Verizon's desired
coverage would not be achieved.
Planning Board Meeting, February 21,2002

8

�Dave Smith stated that the Planning Board could send a recommendation to the ARB.
The Board recommendation to the ARB would be to surface mount the antennas on the
parapet wall and paint the antennas in limestone color to match.
The Chair stated that the public hearing would be held open to the next meeting.

e) Karl Dibble This is a continuation from a previous meeting.
Richard Blancato is representing this application Karl Dibble and his engineer Tim
Cronin.
Richard Blancato stated that the drawings are completed and are under review by the
Village consultants.
Tim Cronin spoke briefly about the retaining walls in excess of 5 feet high (west side of
property). He spoke about the existing trees.
Although this is not a public hearing, the Chair allowed public comments.
Don Catano (45 Lawrence Ave) spoke. He was concerned with the amount of trees that
were removed from the property already.
The Chair stated that the drawings need to be reviewed and approved by the Village
consultants.
Tim Cronin stated that he needs input from the Village consultants so that the drainage
could be added as well as the proposed garage.
This was adjourned to the March 21,2002 meeting.

f) Antonio RodriguezRon Turnquist is the architect representing this application along with Antonio
Rodriguez.
Ron Turnquist submitted revised plans to the Planning Board. He stated that the
drawings were revised as per Dave Smith's comments. He explained the minor
comments for the Board.
Ron Turnquist explained the revisions to the ingress/egress, plantings, etc. He also stated
Planning Board Meeting, February 21,2002
9

�that the elevations are unchanged. He produced letters from Joe DeFeo and the Fire
Chief approving the proposed project.
Ron Turnquist spoke about warning lights and alarms for the parking gate.
The Chair spoke about binding the two properties legally.
Ed Lammers responded that this must be filed with the County.
Dave Smith stated that the Board should schedule a public hearing for the site plan.
Ed McCarthy made a motion to schedule a public hearing for the next meeting. Ed
Napoleon approved. It was unanimous (5-0).

g) Fremont Pond This will be discussed at the next meeting.

h) Minutes The minutes will be reviewed at the next meeting.

George Tanner made a motion to adjourn. Ed Napoleon seconded. It was unanimous
(5-0).

Adjourned at 11:56 p.m.
Respectfully Submitted,

'ijbte 7&gt;J/fi«Ji»&gt;
Anthony Del Vecchio

Planning Board Meeting, February 21, 2002

10

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING
January 17,2002

rv-^*/ M / ^ ^ A ) / DA
^'
3r~{ *

The meeting was called to order by Nicholas Robinson, Chairman at 8:00 p.m. The Chair
noted that a quorum was present.
Present:

Nicholas Robinson, Chairman
David Perlmutter
Ed Napoleon
George Tanner

Absent:

Ed McCarthy
Nicholas Cicchetti
Dorota Szwem-Kopczynski

Also Present:

Dave Smith (Saccardi &amp; Schiff/Village Planner)
Dan Pennella (Charles A. Manganaro/Village Engineer)
Anthony DelVecchio (Recording Secretary)
Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Bob Stiloski (Department of Fire and Life Safety)
Jerome Fine (J. Robert Folchetti/ Village Engineer)
Don Ruggerio (Charles A. Manganaro/Village Engineer)

Announcements:
The Chair stated that the minutes from the last few meetings should be added to the
agenda.
George Tanner made a motion to adopt the revised agenda. David Perlmutter seconded.
It was unanimous (4-0).
Agenda:
a)
b)
c)
d)
e)

0
g)
h)
i)

Michael Doorley
Omnipoint
Kendal-On-Hudson
Verizon
Karl Dibble
Antonio Rodriguez
Dolphin Fitness
Minutes
Other Business

JAN * ^ ^ I I Z
VILL.MV4(1 CLERK

�a) Michael Doorlev As per Bob Stiloski, this was adjourned to next meeting.

b) Omnipoint This is a continuation of the DEIS completeness review.
Dave Smith stated that he received an alternative proposal for camouflaging the
monopole as previously requested.
The Chair asked Dave Smith if the DEIS is completed.
Dave smith responded yes.
David Perlmutter made a motion to adopt the DEIS and circulate it to all interested
agencies. Ed Napoleon seconded. It was unanimous (4-0).
Dave Smith stated that the comment period for the public hearing must be held for
30 days or for 10 days after the public hearing.
It was agreed that the public comment period would be held on 02/21/02 and the
comment period would extend for 10 days after the public hearing.

c) Kendal on Hudson The Chair stated that he received a letter from Scenic Hudson (attached).
The Chair re-opened the public hearing.
Miguel Jimenez of 135 Cortlandt Street spoke. He stated that the Village would be
bearing a large burden if this project were approved. He stated that he opposes the
project.
Since there were no further public comments, the Chair addressed questions from the
Board.
The Chair stated that the Board has the following concerns:
1) Storm water management
2) Tree Ordinance
3) Access points to Rockefeller State Park
4) Blasting Protocol
Planning Board Meeting, January 17, 2002

�5)
6)
7)
8)

Source separation &amp; recycling
Sewage pumping facility
Safe access to Rockwood Hall
Parking deck lighting

1) Storm water management The Chair stated that the Board was concerned about the retention basins being
able to hold and control storm water.
Andy Tung summarized the storm water retention design. He stated that there is
no other structure between Kendal and the Hudson River.
The Chair asked about Metro North railroad. He reminded the applicant about
the effects of Tropical Storm Floyd and its impact on the Metro North railroad.
He stated that the applicant has not adequately addressed this issue.
Andy Tung responded that there is an existing 20x20 culvert that will be able to
handle the storm water runoff unless it becomes blocked-up.
George Tanner asked if the applicant could come up with alternatives to anticipate
potential problems.
Andy Tung stated that he met with Metro North railroad. They stated that there is
no maintenance performed on the culvert unless there is a problem. He stated that
the water quality basins in Kendal would be maintained.
The Chair asked if calculations have been done based on Tropical Storm Floyd.
Andy Tung responded no. He stated that no area in Westchester County designs
beyond the 100-year storm.
The Chair responded that the applicant should design for Tropical Storm Floyd or
design a hold back system.
Don Ruggerio stated that there is no mention of storm water flow during
construction. He also stated that there is no discussion to remove the dissolved
contaminants from the water quality basins.
Andy Tung discussed the storm septers that would remove sediments and
solvents. He explained the process and submitted information to the Board. He
stated that the drawings have been revised to reflect this new information.
The Chair recognized the public.
Jim Nazemetz (ARB Chairman) stated that the water level of the Hudson River at
the time of Tropical Storm Floyd also played a role in the flood problems for
Metro North.
Planning Board Meeting, January 17,2002
3

�2) Tree Ordinance The Chair asked about the applicant's intent to comply with the Tree Ordinance.
He asked the applicant to provide information on the amount of trees to be cut and
about the amount of trees to be replaced.
Andy Tung responded that they are in the process of applying to the Tree
Commission.

3) Access points to Rockefeller State Park The Chair stated that two access points for Rockefeller State Park. He stated that
the trail should be designed to end at Birch Close for possible future use.
Andy Tung responded previous proposals for making such a connection.
George Tanner asked what type of material would be used for the carriage path.
Andy Tung responded that it would be a cinder-type material.
George Tanner asked if it would be wheelchair accessible.
Andy Tung responded that only the Kendal property would be wheelchair
accessible.
Dave Smith stated that the Hudson River overlook was a feature added by the
Village Board of Trustees.

4) Blasting Protocol The Chair asked about the blasting protocol.
Andy Tung responded that the blasting protocol would be specified in the erosion
control drawings.

5) Recycling The Chair asked if there is a proposal to recycle and where would it take place.
Andy Tung responded that recycling would take place in the loading dock area.

6) Sewage pumping facility The Chair asked if the sewage pumping facility should be reviewed now or during
Planning Board Meeting, January 17, 2002
4

�construction.
Jerome Fine responded that the package should be as complete as possible.
It was determined that the pumping facility would be reviewed now.

7) Safe Access to Rockwood Hall The Chair stated that there should be some kind of condition to allow the public
safe access to Rockwood Hall. He stated that this should also include parking.
Andy Tung discussed the temporary parking lot and its access. He stated that the
proposal has been discussed with the Parks Department.
The Chair stated that on weekends, more than 20-30 cars are parked there. He
asked what signage would be used.
Andy Tung responded that he would address.

8) Parking Deck lighting Andy Tung discussed the parking deck and the recessed lighting. He explained
the lighting design for the 2-level parking deck. He also detailed the lighting
fixture to be used.
George Tanner discussed belt-level illumination.
Andy Tung responded that he would investigate.
The Chair spoke about the development fee proposal.
The Chair referred to a letter from Scenic Hudson (see attached).
Andy Tung has no response to the letter.
The Chair asked if the Board had any more questions.
Since there were none, Ed Napoleon made a motion to keep the public hearing open and
adjourn to the February 21, 2002 meeting. David Perlmutter seconded. It was
unanimous (4-0).

d) Verizon Wireless/SMSA Vincent Servino is the attorney representing this application.
Ed Lammers stated that the ARB should provide input and the applicant should return to
Planning Board Meeting, January 17, 2002
5

�the Planning Board and then back to the ARB for final approval.
Ed Napoleon made a motion to set the public hearing for the February 2002 meeting.
David Perlmutter seconded. It was unanimous (4-0).
Dave Smith stated that each member of the Van Tassel building should be notified not
just the building owner.
The Chair agreed that the applicant should provide a copy of the notice to the residents.
Vincent Servino agreed to the request and stated that they would provide copies of the
notice to all tenants via regular mail.
Ed Lammers stated that the applicant should submit an affidavit of mailings as well.
Vincent Servino agreed.

e) Karl Dibble Karl Dibble is representing this application with his engineer Tim Cronin.
Tim Cronin stated that the surveyor (Charles Riley) is in the process o f adding additional
contour lines to the survey.
The Chair stated that none of the work has been approved and the neighbors have
drainage concerns.
George Tanner asked when Tim Cronin was retained.
Tim Cronin responded mid-December.
George Tanner asked when the surveyor was retained.
Tim Cronin responded a few years. He stated that the surveyor has been working with
Karl Dibble for years.
Tim Cronin stated that the walls are structurally sound.
The Chair asked the Village Engineer for his comments.
Dan Pennella stated that there are no structural calculations to justify the wall.
Tim Cronin asked the Board for some guidance concerning how he should proceed. He
stated that the Village Engineer has requested 1/10" scale drawings with contours
including surrounding properties.
The Chair stated that the applicant should be prepared how he intends to stabilize the area
and address the concerns of his neighbors. He suggested that Tim Cronin try to meet
with the Village Engineer to resolve some of the design concerns.
Planning Board Meeting, January 17,2002
6

�Dan Pennella stated that if the wall is structurally sound, the height of the wall is up to
the Village.
Ed Lammers stated that the wall height is a zoning issue and should require a variance.
The Chair stated that the area should be stabilized and the applicant should eliminate
water infiltration to the adjacent properties. He also stated that the applicant should
submit a proper site plan by next meeting or this matter will be referred to the State
Supreme Court in White Plains. NY.
This was adjourned to the February 21, 2002 meeting.

0 Antonio RodriguezThe Chair asked if the recreation fee was calculated.
Bob Stiloski responded no.
Dave Smith stated that he spoke to Joe DeFeo concerning the conversation with the
applicant and the review of the street parking associated with this application. It was
agreed that all costs would be borne by the applicant.

g) Dolphin Fitness There was an open discussion on the status of Dolphin Fitness.
No action was taken.

h) Minutes The minutes for July 2001 were reviewed. David Perlmutter made a motion to approve the
minutes as submitted. George Tanner seconded. It was unanimous. (4-0).
The minutes for October 2001 were reviewed. David Perlmutter made a motion to approve
the minutes as submitted. George Tanner seconded. It was unanimous. (4-0).
The minutes for November 2001 were reviewed. David Perlmutter made a motion to
approve the minutes as submitted but remove the attachments. George Tanner seconded. It
was unanimous. (4-0).
The minutes for the December work session 2001 were reviewed. David Perlmutter made a
Planning Board Meeting, January 17,2002
7

�motion to approve the minutes as submitted. George Tanner seconded. It was unanimous.
(4-0).

i) Other Business The Chair stated that he received a letter from George Raymond. He stated that the Board
should invite him to the next meeting to talk to the Board concerning maintaining
stabilization among all economic levels of the Village.
There was an open discussion on revising the Village Code and a moratorium.
The Board agreed that the Village Board of Trustees should be contacted.
It was also agreed that there would be no work sessions until May 2002.

George Tanner made a motion to adjourn. David Perlmutter seconded. It was unanimous
(4-0).

Adjourned at 9:43 p.m.
Respectfully Submitted,

Anthony Del Vecchio

Planning Board Meeting, January 17,2002

8

�SCENIC

HUDSON

OFFICERS AND DIRECTORS
CHAIR EMERITUS

Mrs. Willis LM. Reese
CHAIR

Marjorie L. Hart
VICE CHAIRS

David H. Mortimer
Frederick Osbom III
Wheelock Whitney III

January 17, 2002

TREASURER

Anne E. Impellizzeri
SECRETARY

Nicholas Robinson, Chair
Village of Sleepy Hollow Planning Board
28 Beekman Avenue
Sleepy Hollow, New York 10561
Re: Site Plan Review for Kendal-on-Hudson Continuing Care Retirement
Community
Dear Professor Robinson:
We are writing regarding the Kendal on Hudson Continuing Care Retirement
Community project now undergoing Site Plan Review by the Planning Board.
As you are aware, Scenic Hudson staff reviewed the proposal and
commented extensively during the SEQRA process and Special Use Permit
review concerning the siting, heights and visual impacts of this project. In
particular we raised concerns that at the proposed location, the project would
result in significant visual impacts on the Rockwood Hall State Park, the
James House and the Hudson River Scenic District. We recommended an
alternative upland location and site plan that we believe could enable the
project to be developed while eliminating these impacts, however, that
alternative was not pursued.
While the applicant has endeavored to address some of these impacts and
proposed mitigation measures at the western site — such as reduced building
heights, scale and massing of the facility - we remain concerned that the
impacts on visual resources on Rockwood Hall State Park, the James House
and views to and from theriverhave not been sufficiently mitigated. We
recommend that the Planning Board ask the applicant to consider additional
mitigation measures in this regard and that the Waterfront Advisory
Committee reviews the mitigation measures for consistency with LWRP
Coastal Policies 24 and 25.

Rudolph S. Rauch III
Phyllis Y.Atwater
DavidJ.Brumfield
David C. Clapp
Christopher C- Davis
William M. Evarts, Jr.
Robert P. Freeman
Anna Carlson Gannett
Patrick J. Garvey
Gary A. Glynn
Morrison H . Heckscher
Christine Lehner Hewitt
Frank Martucci
Anthony J. Moriello
Leo C. O'Neill
ElizabcdiB. pugh
Frederic C. Rjdi
John C. Wallner
John H. Winkler
John P. Wort
Alexander E. Zagoreos
HONORARY DIRECTORS

Robert H. Boyle
Anne P. Cabot
Nash Castro
William H. Ewen
Benjamin Harrison Frankel
George W. Gowen
Barnabas McHenry
Mrs. Frederick H. Osborn, Jr.
Laurance Rockefeller
David Sive
Mrs. Thomas M. Waller
PRESIDENT

E. O. Sullivan
SCENIC H U D S O N , INC.

9 Vassar Street
Poughkeepsie, NY 11601-3096
Phone 845.473.4440
Fax 845.473.2648
email: info@5ccnichudson.0rg
www.scenichuC150n.org

�A

Professor Nicholas Robinson
January 17,2002
Page 2

I have attached copies of our August 21 st , 2001 comment letter to the Village
Board, which identified our concerns. We hope that the review process that
is underway will provide an additional opportunity to consider further
mitigation of the visual impacts of the project.
Sincerely,

Deborah Meyer DeWan
Director
Riverfront Communities Program

enclosure

cc:

Richard Weiss, Waterfront Advisory Committee
Mayor Philip Zegarelli
Westchester Planning Board
New York State Department of State, Division of Coastal Management
New York State Office of Parks, Recreation and Historic Preservation
Waddell Stillman, Historic Hudson Valley
Edna Sussman, Federated Conservationists of Westchester County

DMD/ahr

�SCENIC
HUDSON
9 VASSAR STREET • POUGHKEEPSIE. NY 12601 • (845) 473-4440 • FAX (845) 473-2648 EMAIL: info@scenichudson.org • WWW: scenichudson.org '

August 21,2001
The Honorable Philip E Zegarelli and Board of Trustees
Village of Sleepy Hollow
28 Beekman Avenue
Sleepy Hollow, New York 10561
Re:

Special Use Permit for Kendal on Hudson Continuing Care Retirement
Community

Dear Mayor Zegarelli and Village Trustees,
As you know, Scenic Hudson commented throughout the SEQRA process on the Kendal
on Hudson Continuing Care Retirement Community project. During that process, we
expressed concerns about the visual impacts of the project on the Rockwood Hall State
Park, the James House, and the Hudson River scenic district. We have never been
opposed to the project, but throughout the process we strongly advocated for an
alternative site that would significantly reduce or even eliminate these impacts. In that
regard, we recommended an alternative location on an eastern portion of the Phelps
Hospital property that we believe would accommodate the proposed use and eliminate the
need to build west of the James House in proximity to Rockwood Hall State Park
Preserve.
Scenic Hudson was pleased to see revised plans that include lower building heights
(maximum of five stories) and a reduced size of the project (16 fewer units), which has
broken up the massing of the building and improved views of the River from the James
House. However, our concerns remain about the impact of building in this location on
Rockwood Hall State Park, the James House and the views to and from the Hudson
River. We also remain concerned about the consistency of this project with the LWRP
Policy 23, and Coastal Policies 24 and 25. While improvements have been made to the
project at the site west of the James House that reduce heights and scale, Scenic Hudson
continues to believe that an upland site, nestled in the vicinity of Robins Nest, is
preferable to the applicant's preferred location.
Although the Findings have been adopted, we understand thatfinalapproval of the
Kendal project requires additional permits and approvals during which there will be
public input and review, including: a Special Use Permit, subject of tonight's Public
Hearing; Site Plan Review by the Village Planning Board; and review by the
Architectural Review Board. As you consider the Special Use Permit and additional
actions during this process, we request that you undertake a thorough and careful analysis

�of the impacts of the revised plan and look more closely at the impacts of this plan to
Rockwood Hall State Park, James House and the Hudson River Scenic District.
It is Scenic Hudson's view that each step of this process is vitally important for the
project to be carefully reviewed and the public provided with opportunities to comment
This ensures that any project resultingfromthat process will minimize impacts to
significant natural, scenic, and historic public resources.
Respectfully,

Deborah MeyerDeWan^ director
Riverfront Communities Program
cc:

Richard Weiss, Waterfront Advisory Committee
Nicholas Robinson, Village Planning Board
Westchester County Planning Board
New York State Department of State
Office of Parks, Recreation and Historic Preservation
Ned Sullivan, Scenic Hudson
Waddell Stillman, Historic Hudson Valley

�14-12-9 (l/87)-9c

SEQR
617.21

Appendix G
State Environmental Quality Review

Notice of Completion of Draft EIS
and
Notice of SEQR Hearing

Lead Agency: Village of Sleepy Hollow Planning Board

Address:

Project Number

Village Hall, 28 Beekman Avenue
Sleepy Hollow, New York 10591

Date:

January 17.2002

This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State
Environmental Quality Review Act) of the Environmental Conservation Law.

A Draft Environmental Impact Statement has been completed and accepted for the proposed action described
below. Comments on the Draft EIS are requested and will be accepted by the contact person until at least 10 days
after the close of the public hearing. A public hearing on the Draft EIS will be held on February 21.2002
at 8:00 PM at Village Hall 28 Beekman Avenue. Sleepy Hollow. New York.

Name of Action: Special Permit Application for a wireless communications facility on the grounds of the
Phelps Memorial Hospital, Sleepy Hollow, New York.

Description of Action:
Installation of a public utility wireless facility by Omnipoint Communications, Inc. on an existing monopole tower
located on the grounds of the Phelps Memorial Hospital. The proposed action calls for a ±15 foot extension to the
existing pole and related equipment installed at the base of the monopole. The proposed action currently calls for a
variance from the zoning code related to the height of the proposed monopole extension, issuance of a special
permit and site plan approvals and aesthetic review.

Location: (Include street address and the name of the municipality/county.)
Phelps Memorial Hospital Center, 701 North Broadway, Sleepy Hollow, Westchester County, New York

�Notice of Completion of Draft EIS/Notice of Hearing

A.

Page 2

Potential Environmental Impacts:
"the impairment of the environmental characteristics of a Critical Environmental Area as designated pursuant to
subdivision 617.14(g)"
The proposed action is located within the Hudson River and shoreline CEA and adjacent to Rockwood Hall
State Park and is potentially visible to both areas.

B.

" the impairment of the character or quality of important historical, archeological, architectural or aesthetic
resources or of existing community or neighborhood character;"
The proposed action calls for the extension of an existing telecommunications monopole to an elevation of
±122 feet The proposed project is within the Phelps Memorial Hospital Scenic Subunit as described in the
Village's LWRP. The Phelps property is located adjacent to Rockwood Hall State Park and the Hudson
River.

C.

"creation of a hazard to human health"
The addition of another telecommunications facility onto the existing monopole presents issues of cumulative
impact which require further investigation.

A Copy of the Draft EIS may be obtained from:
Contact Person: Robert Stiloski, Department of Fire and Life Safety
Address: Village Hall, 28 Beekman Avenue, Sleepy Hollow, N.Y. 10591
Telephone Number: (914) 366-5101

A Copy of this Notice and the Draft EIS Sent to:
•Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-0001
•Appropriate Regional Office of the Department of Environmental Conservation
•Office of the Chief Executive Officer of the political subdivision in which the action will be principally
located.
•All other involved agencies (if any)
•Persons requesting Draft EIS

�c:\vwpvrin60Moffiw\91721-G.FHM

•

•

Hon. PtUip Zcgarclli, Mayor
Village Hall
28 Beefenan Avenue
Sleepy Hollow, NY 10591

Mr. Nicholas Robinson,
Planning Board Chairman
Village Hall
28 Beekman Avenue
Sleepy Hollow, NY 10591

Ms. RuthL. Pierpont, Director
NYState Office of Parks, Recreation &amp; Historic
Preservation
Taconic Region
Empire State Plaza
Albany, NY 12238

Mr. Janes Nazemetz
Board of Architectural Review
Village Hall
28 Bookman Avenue
Sleepy Hollow, NY 10591

Mr. Richard Weiss
Sleepy Hollow Waterfront
Commission
Village Hall
28 Beekman Avenue
Sleepy Hollow, NY 10591

John Middlebrooks, Manager
Rockefeller State Park Preserve
25 Sleepy HoUow Road
Sleepy Hollow, NY 10591

Brian Murphy,
Village Counsel
14 Norm Broadway
Tarrytown, NY 10591

Westchester County
Planning Board
432 County Office Building
148 Martine Avenue
White Plains, NY 10601

Business Environmental Publications (Notice Only)
FAX-518-371-7419

Angela Everett, Village Clerk
Village Hall
28 Beekman Avenue
Sleepy HoUow, NY 1059F

Erin Crotty, Commissioner
NYSDEC
50 Wolf Road
Albany, NY 12233-0001

MarcMoran
NYSDEC, Region 3
NYS Department of
Environmental Conservation
21 South Putt Comers Road
New Paltz, NY 12561-1696

Keith Safien, President
Phelps Community Corporation
701 North Broadway
Sleepy Hollow, NY 10591

Michael Peters (on behalf of the
Applicant)
Lebouef, Lamb, Greene, &amp;
MacRae
99 Washington Street
Suite 2020
Albany, New York 12210-2820

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VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING
December 19,2002

" '
RECEIVED
___

DEC ? 7 ?nn?
The meeting was called to order at 8:00 pm by Nicholas Robinson, Chairman^ TheCtau;.
noted that a quorum was present.
Present:

Nicholas Robinson, Chairman
Nicholas Cicchetti
George Tanner
Ed Napoleon
Dorota Szwem-Kopczynski
Ed McCarthy
David Perlmutter

Absent:

None

Also Present:

Dave Smith (Saccardi &amp; Schiff/Village Planner)
Shailesh tyaik (Charles A. Manganaro/Village Engineer)
Anthony DelVecchio (Recording Secretary)
Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Bob Stiloski (Director, Department of Fire and Life Safety)
Mike Musso (Lawler, Matusky &amp; Skelly/Village RF Engineer)

Announcements:
The Chair acknowledged a letter from the Cornell University Department of City and
Regional Planning. He stated that it would be discussed at the end of the meeting.
Agenda:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)

Omnipoint
Laurentino Rodrigues
Monopole permit application status
Nextel
Antonio Rodrigues
Karl Dibble
GEIS/Wireless Location Study
Cornell University Department of City and Regional Planning
Other Business
CFF Reality
Minutes

George Tanner made a motion to adopt the revised agenda. Ed Napoleon seconded. It
was unanimous (6-0) (Perlmutter).

p

�1) OmnipointThe Chair acknowledged a letter from Omnipoint representatives (see attached).
This was adjourned to the January 2003 meeting.
2) Laurentino Rodrigues The Chair stated that since there was no meeting of the Waterfront Advisory Committee,
this item will be adjourned to the January 2003 meeting.
3) Monopole permit application status The Chair referred to the Village Engineer on the status of the monopole height survey.
Shailesh Naik stated that the height of the monopole was 111 feet but the height of the
top antenna was 117 feet.
The Chair asked the Village Engineer issue a copy of the report to the Village Planner for
the GEIS and the Village Attorney.
The Chair stated that Village Code section 62.22.2 (g) (4) stated that a structural report of
the monopole is to be submitted annually to the Planning Board. He stated that this
report has not been received to date.
Ed Lammers stated that he would contact the owner of the monopole as well as the
owners of the communication facilities regarding the structural report.
The Chair also stated that Village Code section 62.22.2 (o) states that a bond needs to be
posted in case the structure needs to be removed. He stated that no bond has been posted
to date.
George Tanner made a motion to have the Village Attorney contact the owner of the
monopole as well as the owners of the communication facilities concerning posting a
bond. Nicholas Cicchetti seconded. It was unanimous (6-0) (Perlmutter).
George Tanner asked if Verizon has posted a bond for the proposed equipment to be
mounted on top of Village Hall.
The Chair responded that the bond has already been posted.
4) Nestel Robert Gaudioso is the attorney representing the applicant. He spoke about the proposed
equipment layout. He stated that he was seeking feedback from the Planning Board.
Planning Board Meeting, December 19,2002

2

�The Chair stated that the Architectural Review Board wants the antennas to be
camouflaged.
Robert Gaudioso responded that he would have drawings generated and presented to the
Board for the next meeting.
The Chair polled the Board for comments.
George Tanner asked if this was the latest technology available.
Robert Gaudioso responded that Nextel's system is unique so it is hard to tell.
The Chair acknowledged the Village Engineer's comments.
Robert Gaudioso responded that the applicant will prepare a full response to the Village
Engineer's questions as well as questions raised by Lawler, Matusky &amp; Skelly.
Robert Gaudioso asked if a public hearing could be scheduled for the next meeting.
The Chair stated that the next Architectural Review Board meeting is scheduled for
January 22, 2003. He stated that the public hearing would be scheduled once the
applicant obtains the Architectural Review Board's approval.
Robert Gaudioso requested if the public hearing could be scheduled and left open until
the Architectural Review Board approval is obtained.
The Board accepted Robert Gaudioso proposal.
David Perlmutter made a motion to schedule a public hearing for the next meeting based
on the applicants understanding that the public hearing would remain open until the
Board is satisfied. George Tanner seconded. It was unanimous (7-0).
5) Antonio Rodrieues Sean McCarthy is the project architect and is representing this application along with
Antonio Rodrigues.
There was an open discussion on the public notice. The applicant prepared their own
notice and properly distributed it to the neighbors.
It was determined that the advertisement in the local newspaper was not performed but
will be completed for the next Planning Board meeting.
Sean McCarthy spoke about the Architectural Review Board's approval. He also spoke
about the traffic consultant's report.
The Chair spoke about having the DOT close Old Broadway due to the increased traffic
Planning Board Meeting, December 19,2002
3

�as a result of the GM project as well as the current condition of this area with regards to
traffic. He stated that this would eliminate most of the traffic concerns with this project
as well as relieve the traffic flow in this area.
Sean McCarthy responded that the building would have to be shifted to the South to
accommodate the closing of Old Broadway.
There was an open discussion on the flow of traffic on the site.
The Chair opened the public hearing.
Anthony Lanzi (lives adjacent to the property) spoke. He stated that he is concerned with
the proposed traffic impact. He stated that he currently has problems getting in and out
of his property and is concerned about the possible traffic impacts to the area as a result
of this project.
There was an open discussion about the traffic signals and the flow of traffic in the
immediate area.
It was determined that the entire area needs to be addressed.
This was adjourned to the next meeting.
6) Karl Dibble The Chair asked the Village Attorney for an update.
Ed Lammers stated that the Architectural Review Board asked the applicant to return to
their next meeting with the project architect.
George Tanner asked if Karl Dibble has submitted a copy of the signed contract from his
contractor.
Ed Lammers responded no. He stated that he would contact Karl Dibble's attorney.
The language in the Resolution was reviewed.
There was an open discussion on the location of the commercial vehicles on the property.
It was agreed that until the site plan is approved, there is nothing that can be enforced
with respect to the location of the vehicles.
The Board edited items #2 and #29 to reflect Board comments.
The Chair signed the Resolution.
Planning board Meeting, December 19,2002

4

�7) GEISAV ireless Location Study The Chair referred to Dave Smith.
Dave Smith stated that Mike Musso had prepared a report for the Board.
Mike Musso distributed information on the preliminary study. He reviewed the twelve
sites that are proposed in the study.
The Chair spoke about including other tall structures. He also spoke about the ridge line
at the cemetery as well as the Kendal-on-Hudson property as sites to be considered.
There was an open discussion on other sites to be evaluated.
The Chair stated that under SEQRA, the GEIS was not limited by the Village boundaries.
Mike Musso referred to the two-page table. He spoke about the school property and their
decision not to be included in the GEIS.
The Chair stated that once the GEIS was received, it would be reviewed and a public
hearing would be scheduled.
8) Cornell University Department of City and Regional Planning Survey The Chair acknowledged receipt of a surveyfromThe Cornell University Department of
City and Regional Planning. They are requesting some informationfromthe Village
concerning affordable housing and affordable housing plans. The Chair stated that the
Village will respond to the survey.
9) Other Business The Chair acknowledged receipt of two (2) notices of intent to act as lead agency from
the Village Board of Trustees.
The Chair asked if the Planning Board had any objections.
Since there were none, the Chair stated that a notice would be sent to the Village Trustees
stating that the Board has no objections.
10) CFF Reality Victor Solarik is the project architect and is representing the applicant. He spoke about
some of the minor changes as per the Architectural Review Board. He also briefly
Planning Board Meeting, December 19,2002
5

�described the proposed changes to the building.
David Perimutter asked about the number of employees at the site.
Victor Solarik responded that there would be around four (4) employees in the first floor
area including the showroom.
George Tanner asked about the number of parking spaces the applicant is proposing.
Victor Solarik responded 17.
Bob Stiloski stated that 11 are required.
The Chair recommended that the applicant speak to Historic Hudson Valley concerning
the traffic flows in the area.
Victor Solarik responded that the traffic impact is negligible. He stated that he will find
out the traffic information at the applicant's Elmsford office and report back to the
Planning Board as to the possible impacts to the area.
The Board decided to wait until the Waterfront Advisory Committee's consistency
findings are complete before scheduling a public hearing.
11) Minutes The minutes from October 2002 were reviewed. George Tanner made a motion to
approve the minutes as submitted. David Perimutter seconded. It was unanimous (7-0).
The minutes from November will be reviewed at the next meeting.

George Tanner made a motion to adjourn. Nicholas Cicchetti seconded. It was unanimous
(7-0).
Adjourned at 9:34 p.m.
Respectfully Submitted,

Anthony Tfel Vecchio

Planning Board Meeting, December 19,2002

6

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December 19,2002
Mr. David B. Smith
Saccardi &amp; Schiff, Inc.
245 Main Street
White Plains, New York 10601
Re:

Omnipoint Communications, Inc.'s Application for a Wireless
Telecommunications Facility at 95 Beekman Avenue;
Omnipoint Communications, Inc.'s Application for an
Extension of the Wireless Monopole at Phelps Memorial Hospital

Dear Dave:
Pursuant to your discussion this afternoon, we are providing this letter as an
update regarding the above-referenced applications for Omnipoint Communications, Inc.
("Omnipoint"). We would appreciate your providing the Village of Sleepy Hollow Planning
Board ("Planning Board") with a copy of this letter and a report on the status of the applications
as outlined herein at tonight's Planning Board meeting.
Omnipoint continues to investigate Village Hall as a possible alternative to its
proposed site at 95 Beekman Avenue. Omnipoint recently informed us that the lease agreement
has been forwarded to the Village Administrator and that Omnipoint is waiting to hearfromthe
Village regarding the lease terms. Thus, we respectfully request that the Planning Board put
over Omnipoint's application for 95 Beekman Avenue until the next Planning Board meeting.
Regarding Omnipoint's application for facilities to be located at Phelps Memorial
Hospital, an check in the amount of $2,500 to replenish the escrow account was forwarded and
should have been received by the Village of Sleepy Hollow. We will therefore be moving
forward with finalizing the Final Environmental Impact Statement related to the proposed
facilities.

�*^RpU

LEBOEUF. LAMB. GREENE&amp;MACRAE. L. L. P.

(THU) 1 2. 19*02 17:21/ST. 1 7 : 20/NO. 4800000053 P

Mr. David B. Smith
December 19,2002
Page 2
#

We thank you and the Planning Board for your consideration.
Respectfully submitted,

(£*%$

Noelle M. Kinsch

cc:

Mr. Michael Murphy
Michael Peters, Esq.

•

%
AL-78980.1

3

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING
November 21, 2002

«FCFIVFn
C U

DEC ? 7 ?fUI7

The meeting was called to order at 8:04 pm by Nicholas Robinson, ChairmanVHJteASlfiiCLERK
noted that a quorum was present.
Present:

Nicholas Robinson, Chairman
Nicholas Cicchetti
George Tanner
Ed Napoleon
Dorota Szwem-Kopczynski
Ed McCarthy

Absent:

David Perlmutter

Also Present.

Dave Smith (Saccardi &amp; Schiff/Village Planner)
Shailesh Naik (Charles A. Manganaro/Village Engineer)
Anthony DelVecchio (Recording Secretary)
Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Bob Stiloski (Director, Department of Fire and Life Safety)
Mike Musso (Lawler, Matusky &amp; Skelly/Village RF Engineer)

Announcements:
The Chair stated that the Omnipoint application has been adjourned to next meeting. He
also stated that CFF Realty has also been adjourned since they are still on the Waterfront
Advisory Committee's agenda for December.
Agenda:
I)
2)
3)
4)
5)
6)
7)
8)

Karl Dibble
Ichabod's Landing
\ntonio Rodrigues
Laurentino Rodrigues
Nextel
Monopole permit application status
GEISAYireless Location Study
Minutes

George Tanner made a motion to adopt the revised agenda. Ed Napoleon seconded. It
was unanimous (6-0).

1) Karl Dibble This is a continuation from previous meetings.

�Richard Blancato is representing this application along with the applicant Karl Dibble
The Chair stated that the Board had received the revised drawings today.
Richard Blancato stated that there were only two (2) revisions to the drawings.
They are:
1) removal of blocks as per the Building Inspector
2) Additional six (6) trees for screening as per the Planning Board's
recommendation.
He stated that at the last meeting, a construction schedule was required. He stated that
that schedule reflects completing all of the remedial work first. This would include
removing the retaining walls and installing the site drainage within the first 30 days
weather permitting. He stated that the Architectural Review Board cannot approve the
application until the site plan is approved. He also stated that the site landscaping would
be completed within 90 days. Lastly, he stated that the blacktopping of the property
would be scheduled for September 2003 and the Certificate of Occupancy would be
obtained approximately one (1) year from issuance of the building permit.
George Tanner asked if there had been any further site work done since the last meeting.
Richard Blancato responded no.
George Tanner asked about the 40 foot section of blocks on the South side of the
property
Richard Blancato denied that any work was done on the property since the last meeting
He stated that there is a pile of cobblestone on the property.
The Chair referred to the Village Consultants for their input.
Dave Smith stated that he had no comments.
Shailesh Naik responded that he had no comments.
Ed Lammers stated that a Certificate of Occupancy should be issued upon proof that all
of the work is performed correctly.
George Tanner asked if the applicant could secure a bond.
Richard Blancato responded that securing a bond would take 90 days to complete.
The Chair acknowledged the public.
Don Catano (43 Lawrence Ave) spoke. He stated that a cement wall was recently built
next to his house. He stated that he has damage to the foundation of his house.
Richard Blancato responded that as per the applicant's engineer, the damage existed prior
to the illegal site work performed by the applicant
Planning Board Meeting, November 21, 2002
2

�The Chair referred to the Village Attorney to read the proposed Resolution.
Ed Lammers read the proposed Resolution for the record.
Don Catano (43 Lawrence Ave) spoke. He stated that the applicant should not be
allowed to use the office space as living space
Richard Blancato agreed.
Kay Catano (43 Lawrence Ave) stated that there are five (5) cars parked approximately
four (4) feet from her window. She asked if the location of the cars would change as a
result of the approval.
There was an open discussion on the neighbors concerns with regards to the applicant's
property.
The Chair asked if the applicant had a current Certificate of Occupancy.
Bob Stiloski responded yes. He stated that the applicant did not have a permit for the site
work.
Nicholas Cicchetti stated that he wants to make sure that all remedial work impacting the
immediate neighbor's property is completed prior to proceeding with the next phase of
the construction.
Richard Blancato agreed.
The Chair recommended a liquidated damages fund.
Richard Blancato stated that the applicant cannot afford to put up a large sum of money
based on the cost of the project. He stated that if the remedial work is not completed in
30 days, the applicant would place money into a fund in order to secure the completion of
the remedial work.
George Tanner responded that the proposal was not acceptable.
The Chair referred to the Village Attorney and the applicant to work out the appropriate
language for the Resolution.
This was temporarily adjourned.

2) Ichabod's Landing The Chair stated that the public comment period ends on December 20, 2002.
The Chair asked the Board if they had any changes to make to the draft
Planning Board Meeting, November 21, 2002

3

�There was no comment by the Board at this time.

3) Antonio Rodrigues Sean McCarthy is the project architect and is representing this application along with
Antonio Rodrigues.
Sean McCarthy referred to the Waterfront Advisory Committee's recent consistency
findings. He stated that the concrete wall in the rear would have a stone veneer finish.
He stated that the traffic consultant is in the process of generating a report of their study.
He also stated that the DOT was contacted regarding the impacts to traffic and the
intersection.
Sean McCarthy stated that the Phase I environmental report is complete. He stated that
there are no oil or gas tanks on site. He stated that the application would be before the
Architectural Review Board on November 25,2002. He stated that the neighbor will
have a five (5) foot buffer at the rear of the property. He also stated that he has met with
Historic Hudson Valley reps. He stated that they were concerned with traffic and
parking.
Nicholas Cicchetti asked about garbage collection.
Sean McCarthy discussed the garbage collection methods.
The Chair stated that he wants the traffic report before scheduling the public hearing.
Sean McCarthy responded that the traffic consultant would have the report completed
soon. He stated that he did not know when to expect a response from DOT.
Ed Napoleon made a motion to schedule a public hearing at the next meeting. He stated
that the public hearing would be kept open until the traffic report is completed. George
Tanner seconded. It was unanimous (6-0).

4) Laurentino Rodrigues This is a continuation of a previous meeting.
Vitali Santo is the project architect. He is representing this application along with
Laurentino Rodrigues.
Vitali Santo showed the rendering of the proposed structure. He reviewed the proposed
site plan detailing the parking layout, etc.
Planning Board Meeting, November 21,2002
4

�George Tanner asked about the number of bedrooms that the applicant is proposing
Vitali Santo responded 12 bedrooms total in nine (9) apartments.
Vitali Santo showed elevation drawings from Valley Street and Depeyster Street.
The Chair asked if there was any off-site parking.
Vitali Santo responded no.
The Chair referred the applicant to the Waterfront Advisory Committee and the
Architectural Review Board for their review.

5) Nextel Cara Bonomolo is representing Nextel for this application. She spoke about the
equipment of the proposed system She stated that the following documents have been
submitted to the Board:
1) Site plan
2) Health &amp; Safety report
3) Photos
4) Coverage maps
There was an open discussion on the GEIS and the proposed moratorium.
It was stated that the Village Trustees did not adopt the moratorium.
George Tanner asked how many cellular carriers could fit on top of Village Hall.
Dave Smith responded probably a total of three (3).
Nicholas Cicchetti made a motion to declare the Planning Board as the lead agency. Ed
McCarthy seconded. It was unanimous (6-0).
The Chair referred the applicant to the Waterfront Advisory Committee and the
Architectural Review Board for their review.

1) Karl Dibble (continued)Ed Lammers read the revisions to the Resolution.
The Chair suggested language to force the applicant to place money into escrow.
Planning Board Meeting, November 21, 2002

5

�There was an open discussion on how to include adequate provisions to guarantee that the
work will be done in an acceptable manner and time frame.
Richard Blancato stated that the applicant would put up a $10,000 bond prior to obtaining
a Building permit, he would come to each Planning Board meeting to update the Board
on the progress of the project. He stated that he has a signed contract with a reputable
contractor. He also stated that after 75 days, if the bond is not paid, the applicant will
appear before the Board to see what action will be taken.
More applicable language was added to the Resolution
Ed Napoleon made a motion to approve the Resolution Ed McCarthy seconded. It was
unanimous (6-0).
The Chair stated that the Village Planner and Village Engineer would review the recently
submitted revised plans.
Ed Napoleon made a motion to refer the applicant to the Architectural Review Board. Ed
McCarthy seconded. It was unanimous (6-0).

6) Monopole Ed Lammers stated that he has compiled the data from applications and meeting minutes
from previous applicants. He recommended that the Board hold a work session to
discuss the monopole height with the monopole occupants.
George Tanner asked if the monopole height could be measured.
Ed Lammers stated that Verizon has requested that the monopole height be measured.
It was agreed that a work session would be held 90 minutes prior to the next (December)
meeting.

7) GEIS/Wireless Location Study The Chair referred to Dave Smith.
Dave Smith spoke about Mike Musso's e-mail (see attached). It refers to Village owned
and school owned property. He then referred to Mike Musso.
Mike Musso spoke about the sites to be included in the initial study. He spoke about the
Planning Board Meeting, November 21, 2002
6

�draft report.
The Chair stated that applicable language should be added to state that once an applicant
has equipment that is obsolete, the applicant is required to remove the equipment at their
expense.
The Chair asked about other technology like flagpoles, Christmas trees, etc and their
associated costs.
Mike Musso responded that the cost of a 110-foot flagpole structure is about $60-75,000
The Chair noted receipt of some materials from Scenic Hudson.
Mike Musso spoke about applicants re-applying in order to increase their capacity
coverage.
The Chair asked Mike Musso to predict the worse-case scenario.
The Chair asked about the GM site.
Mike Musso responded that recommendations would be included in the GEIS

8) Minutes The minutes from October 2002 will be reviewed at the next meeting.

George Tanner made a motion to adjourn. Nicholas Cicchetti seconded. It was unanimous
(6-0).
Adjourned at 10:12 p.m.
Respectfully Submitted,

'.'/'

"h (\ • . /' •

Anthony Del Vecchio

Planning Board Meeting, November 21, 2002

7

�Page 1 of2

Dave Smith
From:
Michael Musso &lt;MMusso@lmseng.com&gt;
To:
&lt;dsmith@saccschiff.com&gt;
Cc:
Terry Schneider &lt;TSchneider@lmseng.com&gt;
Sent:
Tuesday, November 19, 2002 5:36 PM
Attach:
GEISMATRIX2.xls
Subject: Sleepy Hollow GEIS - LMS update
This email serves as a status update to LMS' activities on the above-referenced project (GEIS).

• 11/4 - Met with Dave Smith - developed list of 14 sites (preliminary list); reviewed and discussed
screening criteria
• 11/7 - revised draft screening matrix prepared (see attachment to this email)
• 11/4 - present - LMS works on site access and file review scheduling (see below)
• LMS conducted site recons today (11-19). I visited the Tarrytown school property (escorted by
maintenance personnel this morning). See discussion below. Terry Schneider and I conducted
additional recons this afternoon (focus on Beekman area). We plan on wrapping up our site visits
tomorrow (11-20), including the reservoir property (will be escorted by DPW personnel).
• LMS is developing quantitative "scoring" methodology so that the site criteria can be assessed and sites
can be objectively evaluated against one another. We will adopt aspects of scoring rationales that are
used for other types of environmental projects (including EPA's Hazard Ranking System (HRS)). Note
that criteria and analysis methods will "evolve" with the study.
• Terry conducted a file review this morning at Ed Lammer's office (obtained existing/permitted facility
information). We have a FOIA request in to the Village of Tarrytown (so we can learn about cell sites in
this neighboring Village), and we are following up with the appropriate contacts.
• SI IPO reviews have been requested for all Village areas that contain one or more of the 14 sites.
• General site mapping and photo compilations will start after our site visits are completed.
• Report writing (methods; matrix description; findings; identification of sites to potentially consider further;
conclusions) will begin this week.
Thoughts on School property: NOTE that there is a school board meeting this Thursday 11-21, and they may
want some preliminary feedback about our site visit. Some preliminary ideas are provided below (let me know
if you need me to prepare something more formal for the School district for their 11-21 meeting, or if you or I
should simply call the superintendent):
1. School owns quite a bit of property behind football field, enough to accompany a tower/pole and
associated equipment.
2. topo seems very good, and a facility would likely provide coverage to much of the Route 9 and
upper Beekman Ave area. Coverage must be assessed through computer models, as the
topography throughout Sleepy Hollow is variable and can be deceiving.
3. However, tower would have to be constructed above tree line (minimum height estimated at 100 110 ft; maybe higher depending on number of co-locators), which would result in a visual impact
(for, at a minimum, school facilities and nearby residential properties; also impact for lower
Village "looking up" at school area). Ground-level equipment would also create a visual impact
(especially this time of year when foliage is down). Consider also that access road for
maintenance vehicles would have to be constructed (this would change some of the landscaped
parts of the property).
4. Security - School apparently uses much of the back end of the property (i.e., landscaped areas
are "well kept"). Track and field (cross-country) uses that portion of the property for meets.
Wooded area would have to be officially "off limits" if a facility is constructed (not sure how this
would impact the school...) Issue is also with kids in proximity to maintenance workers and their
vehicles/equipment...
5. Safety - If this property is to be considered further, geotech analysis would have to be conducted
to ensure that soils/rock can support the loads of a tower/monopole Fall zones would have to be
verified, as well (considerations for fall zone - student activities, football field, residences). Proper
off-set distances must be understood and maintained by school officials.
6. RF- a tower or monopole installation is anticipated to be below the current FCC maximum

11/19/2002

�Page 2 of2
permissible exposure. However, risk perception must be considered. Risk communication for
wireless facilities can be very difficult (especially at a school).
Please let me know if you have any questions or need any additional information for the 11-21 PB meeting.
/ assume that you will handle any status update/reporting at Thursday's Planning Board meeting.
Please let me know if you would like LMS to participate, and I will coordinate. Note that I personally
will not be able to make the Sleepy Hollow meeting on 11-21 due to a previous commitment in another
municipality.
Regards,
Mike
Michael P. Musso
Sr. Project Engineer
Lawler, Matusky ft Skelly Engineers LLP
One Blue Hill Plaza
Pearl River, NY 10965
phone: 845-735-8300 ext. 261
fax: 845-735-7466
e-mail: MMusso@lmseng.com
website: www.lmseng.com

11/19/2002

�FOR ADJOINING

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�RECEIVED
DEC 2 3^09?
VILLAGE CLERK
VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD
RESOLUTION
Adopted at the November 21,2002 Meeting
of the Village of Sleepy Hollow Planning Board
RESOLUTION:

»

SITE PLAN APPROVAL

PROPOSED:

Reuse of Existing Building as a Residence and Construction
of a New Two Story Building Containing a Garage and an
Office on the First Floor and an Apartment on the Second
Floor

OWNER:

Karl Dibble

LOCATION:

315 North Broadway

TAX MAP
DESIGNATION:

Section 15, Block 14, Lots 17A and 17B

ZONING:

C-l

WHEREAS, the Planning Board has reviewed the following materials:
1.

Site Plan Application dated on or about June 21,2000, signed by Sam
Viera;

2.

Short Environmental Assessment Form dated on or about June 21,2000,
signed by Sam Viera;

3.

Coastal Assessment Form, dated on or about June 21,2000, signed by Sam
Viera;

4.

Site Plan drawings dated June 20,2001 prepared by SFV Design Inc.;

5.

Revised Site Plan drawings dated November 14,2000 prepared by SFV
Design Inc.;

6.

Revised Site Plan Drawings dated May 4,2001 prepared by Keane
Coppelman Engineers, P C ;

�7.

Topography Map of the property prepared by Charles Riley, Land Surveyor
last revised May 21, 2001;

8.

Revised Site Plan Application dated October 15, 2002 signed by Karl
Dibble;

9.

Revised Site Plan Drawings dated October 5 and 12, 2001 prepared by
Keane Coppelman Engineers, P.C.;

10.

Erosion Control and Construction details prepared by Keane Coppelman
Engineers, P.C. dated October 12, 2001;

11.

Coastal Assessment form dated October 8, 2001;

12.

Short and Long Form Environmental Assessment Form dated October 15,
2001;

13.

Building Design Drawings dated March 28, 2002 prepared by SFV Design
Inc.;

14.

Revised Site Plan Drawings dated February 1, 2002 prepared by Timothy
L. Cronin, Jr., P.E.;

15.

Revised site plan details dated March 20, April 10, April 17, and July 8,
2002 prepared by Timothy L. Cronin, Jr., P.E.;

16.

Review Memoranda from Saccardi and Schiff, Inc., Village Planners, dated
July 13, 2000, July 25, 2000, July 16, 2001, November 8, 2001, March 15,
2002, April 11, 2002, and from Charles Manganaro Consulting Engineers,
dated July 6, 2000, February 22, 2001, May 8, 2001, July 18, 200,
November 14, 2001 and March 7, 2002;

17.

Memorandum of James T. Margotta, Building Inspector dated August 8,
2000, February 21, 2002 and May 13, 2002;

18.

Letters from Richard Blancato, attorney for the applicant, dated September
20, 2000 and September 20, 2001 and October 15, 2001;

19.

Waterfront Consistency Findings, Waterfront Advisory Committee signed
by Richard D. Weiss, Chairman;

20.

Drainage Analysis dated April 4, 2002, prepared by Timothy L. Cronin, Jr.
P.E.;

�21.

Memorandum from Robert Stiloski, Director of Fire and Life Safety, dated
December 20, 2001;

22.

Various correspondence from the public; and

WHEREAS, the Proposal was discussed by the Planning Board duly scheduled
public meetings held on April 19, 2001, June 21, 2001, July 19, 2001, August 27, 2001,
September 20, 2001, November 15, 2001, January 17, 2002, February 21, 2002, March
21, 2002, April 18, 2002, May 16, 2002, June 20, 2002, July 18, 2002, September 19,
2002 and October 17, 2002; and
WHEREAS, The Village of Sleepy Hollow Waterfront Advisory Committee
(WAC) reviewed the subject application at their December 5, 2002 and May 2, 2002
meetings and found the application to be consistent with the goals and objectives of the
Villages Local Waterfront Revitalization Plan; and
WHEREAS, the Planning Board held a public hearing at their June 20, 2002
meeting, and all those wishing to be heard were given the opportunity to be heard; the
Public Hearing was closed; and
WHEREAS, the Applicant has performed work illegally at the site in violation of
Village Code and the Applicant agrees to post a bond to the benefit of the Village of
Sleepy Hollow to ensure that the site is remediated and that the work is performed in
accordance with the approved site plan; and
WHEREAS, in the course of its review, the Planning Board has made the
following findings and caused noted or conducted the following activities:
1.

Received and Application Fee;

2.

Caused Field Inspections to be made of the property and surrounding areas;

3.

Requested, received considered comments from the Village Planner,
Village Engineering Consultants, Building Inspector and the Department of
Fire Life Safety, Fire Department,;

4.

Requested, received and reviewed a Short Environmental Assessment Form
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 Short Environmental Assessment Form as well as other items noted
above, has determined that the proposed action is an Unlisted Action not
requiring environmental assessment or determinations of significance.

NOW, THEREFORE, BE IT RESOLVED, that the said application for site plan
approval relative to the Reuse of Existing Building as a Residence and Construction of a
New Two Story Building Containing a Garage and an Office on the First Floor and an
Apartment on the Second Floor at 315 North Broadway, Sleepy Hollow, New York on
the site plan dated May 4, 2001, revised May 21, 2001, revised October 12, 2001, revised
February 1, 2002, April 10, 2002, July 8, 2002 and last revised November 16, 2002 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 year
after the date of this resolution if the following modifications and conditions have not yet
been completed to the satisfaction of the Planning Board and the Applicant has not
obtained the required building permit or permits for the construction in accordance with
the approved plan(s):
1.

On or before the issuance of a building permit, the Applicant shall pay the
Village of Sleepy Hollow all application and review fees as required by the
Village Code, as approved by the Village Attorney;

2.

All remedial work, drainage work, curbing and work on walls shall
commence within thirty (30) days of the issuance of a building permit and
said work shall be completed in strict conformance with the approved site
plan within sixty (60) days of the issuance of the building permit (weather
permitting);
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3.

Prior to the issuance of the building permit, the Applicant agrees to post a
$10,000 bond to the benefit of the Village and the Village shall hold the
$10,000 bond in an escrow account until all of the remedial work, drainage
work, curbing and work on walls is completed as set forth in the final
approved site plan. Upon completion of the work as set forth in paragraph
2 to the satisfaction of fe Village Engineer, the Village shall release the
10,000 bond to the applicant;

^J

�4.

If the aforementioned work set forth in paragraph 2 is not completed within
said 60 day period, (weather permitting), the applicant agrees to have the
Village Engineer determine the cost of completion of said work and the
applicant agrees that he shall be liable for said amount as liquidated
damages and the applicant shall deposit said amount with the Village
within 10 days of Village's demand therefor and upon receipt of the money
by the Village the Village may use the money to complete the
aforementioned work;

5.

If 75 days after the issuance of the building permit is issued the work set
forth in paragraph 2 is not complete and the applicant has not paid the
Village the cost to complete the work, then the Applicant is to appear
before the Planning Board to determine what action is required. If the
applicant fails to appear or if the applicant appears but refuses to complete
the work set forth in paragraph 2 above, the Village may execute against
the bond and use the proceeds of the bond to complete the aforementioned
work;

6.

The Applicant is to appear before the Planning Board at its February, 2003
Meeting, to advise the Board as to the status of the work set forth on the
project;

7.

All fencing, landscape grading and lighting shall be completed in strict
conformance with the approved site plan within ninety (90) days from the
issuance of the building permit;

8.

All planting of trees shall be completed in strict conformance with the
approved site plan on or before June 1, 2003;

9.

The Applicant is to appear before the Planning Board at its June, 2003
Meeting, to advise the Board as to the status of the work set forth on the
project;

10.

All blacktopping shall be completed in strict conformance with the
approved site plan on or before September 1, 2003;

11.

The entire project shall be completed in strict conformance with the
approved site plan on or before November 15, 2003;

12.

The existing structure shall be comprised of solely a two family residence
on the second floor and office space on the first floor;

�13.

The rear structure shall be a two story structure which shall have an
apartment on the second floor and an office and garage on the first floor;

14.

Applicant is to remove all foreign material from the west side of the
property and conform the grade to the approved plans;

15.

The construction shall be in absolute conformance with the final approved
drawings and site plans;

16.

The construction shall be inspected by the Design Engineer or a
Professional Engineer licensed in the State of New York who shall issue a
report to the Village Building Department certifying that the project has
been completed in strict accordance with the approved plans. A certificate
of occupancy shall not be issued without the submission of the
aforementioned engineers report;

17.

On or before the issuance of a building permit, the Applicant shall deposit
$5,000 in a Village of Sleepy Hollow Escrow Account. If the applicant
does not provide an Engineer's report as set forth in paragraph 16 above, on
or before December 18, 2003 the Village may use the $5,000 to retain a n
engineer and/or other consultants of their own choosing to inspect the
property and ensure that the that the project has been completed in strict
accordance with the approved plans.

18.

The property is not to be used as a nursery unless a future application is
filed and approval is obtained to operate a nursery from the Planning
Board;

19.

No signs are to be placed anywhere on the property unless approved by the
Architectural Review Board;

20.

No fertilizer is to be stored anywhere on the property;

21.

The rear garage is not to be used as an automotive repair business;

22.

No trucks and/or cars are to be stored on the property for more than 72
hours unless vehicle is owned and registered to the owner of the property or
owned and registered to a tenant residing of the property pursuant to a valid
lease and parked in an area designated on the approved site plan;

23.

No boat, camper, camper trailer, motor home, trailer or recreation vehicle
shall be stored on the property for more than 48 hours unless vehicle is
owned and registered to the owner of the property or owned and registered

�to a tenant residing on the property pursuant to a valid lease and parked in
an area designated on the approved site plan and in area in that is in
compliance with the Village Code;
24.

Vehicles may only be parked in parking areas designated on the approved
site plans;

25.

Parking on the site may only be used for the on-site offices and the on-site
residential uses;

26.

No outdoor storage of material or equipment on the property;

27.

The applicant shall post a performance bond to guarantee the construction
of public infrastructure in an amount, and to the extent required, as
determined by the Village Engineer.

28.

The applicant is to comply with all rules and regulation of the Village of
Sleepy Hollow as well as New York State including, but not limited to,
height of the structures and setbacks with respect to the proposed structures.

PLANNING BOARD
VILLAGE OF SLEEPY HOLLOW

f

, Chairman

Date

LAST REVISED 12-18-02

I

I

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