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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING - APPROVED
December 20, 2007
The meeting was called to order at 8:00 pm by David Perlmutter, Acting Chairman. The
Chair noted that a quorum was present.
Present:

David Perlmutter, Acting Chairman
Nicholas Robinson, Chairman
Nicholas Cicchetti
Ed McCarthy
Gary Malunis
George Tanner

Absent:

None

Also Present:

Sean McCarthy (Village Architect, Village of Sleepy Hollow)
Anthony DelVecchio (Recording Secretary)
Owen Wells (Saccardi &amp; Schiff/ Village Planner)
Donato Pennella (Charles A. Manganaro/Village Engineer)
Nick Ward-Willis (Keane &amp; Beane/Village Special Land-Use Counsel)

Announcements –
David Perlmutter stated that he will Chair the meeting until Chairman Robinson arrives.

Proposed Agenda:
1) Julio Zhingri
290 North Washington St New parking lot
2) George Samaras
76 Chestnut Street
Parking lot for 175 Valley St
3) David Rockefeller
Bedford Road
Subdivision
4) Fremont Pond
Peabody Field
Update
5) L. Rodrigues Enterprises
172 Valley St
Prelim. Discussion
6) Nextel
Andrews Lane &amp; Elm St
Wireless Comm Facility
7) Lighthouse Landing
Riverfront Development
Brownfield remediation
8) Approval of the January 2007 and November 2007 meeting minutes
The agenda was unanimously adopted (5-0).

1) Julio Zhingri

290 North Washington St

New parking lot -

This is a continuation from previous meetings.
There was nobody present for this application. This was adjourned to the next meeting.

�2) George Samaras

76 Chestnut Street

Parking Lot–

This is a continuation from previous meetings.
George Samaras stated that his engineer needs more time to prepare the requested
materials.
Chairman Perlmutter stated that since this was a public hearing, the public should be
allowed to speak.
Chairman Perlmutter opened the public hearing.
Since there were no public comments, George Tanner made a motion to adjourn the
public hearing to the next meeting. Gary Malunis seconded. It was unanimous (5-0)
(Chairman Robinson absent).
This was adjourned to the next meeting.

3) David Rockefeller

Bedford Road

Sub-division -

Andy Tung is representing this application along with owner’s representative, James
Ford.
Andy Tung gave an overview of the proposed sub-division. He also gave an update of
the Waterfront Advisory Committee’s findings.
Chairman Perlmutter stated that the Board requested clarification on future sub-divisions.
James Ford stated that the applicant’s attorney is in the process of donating the remaining
property to the Rockefeller State Preserve. He stated that the remaining property
contained in the Village of Sleepy Hollow would be not sub-divided. He gave assurances
that this would be the last sub-division for residential purposes.
The Board unanimously agreed that a public hearing should be scheduled for the next
meeting.

4) Fremont Pond

Peabody Field

Update-

Nick Ward-Willis stated that the Village Consulting engineer has submitted as-built
drawings to the US Army Corps of Engineers. He stated that the Corps can either make
the Village apply for additional permits or can accept the as-built drawings as submitted.
APPROVED - Planning Board Meeting, December 20, 2007

2

�No action was taken.

5) L. Rodrigues Enterprises

172 Valley St

Preliminary Discussion -

This is a continuation from previous meetings.
Jon Turnquist is the project architect and is representing this application along with
owner, Larry Rodrigues.
Jon Turnquist gave a brief overview of the project. He stated that he needs some time to
address the items in the Building Departments October 17, 2007 letter.
Sean McCarthy responded that the Oct 17, 2007 letter needs to be addressed by the
applicant.
Chairman Perlmutter stated that these items should be clarified by the next meeting. He
stated that the architect needs to meet with the Building Department and address these
items.
Chairman Perlmutter re-opened the public hearing.
Jose Chivera (70 Depeyster Street) stated that he is opposed to this project. He stated that
this project will make the communities parking and density worse. He stated that the
existing 2-family house should remain since it would be more in keeping with the
character of the neighborhood. He stated that the owner is the only person benefiting
from this project.
George Samaras (175 Valley Street) stated that this would be an improvement to the area.
Since there were no further public comments, Chairman Perlmutter adjourned the public
hearing to the next meeting.

Chairman Robinson arrived at the meeting.

6) Nextel

Andrews Lane &amp; Elm St

Wireless Comm Facility -

This is a continuation from previous meetings.
The Chair noted that a site inspection took place last month. He stated that the Board and
3
APPROVED - Planning Board Meeting, December 20, 2007

�its consultants toured the site. He stated that the Board inspected the area around the new
Senior Center as well as around Barnhardt Park and the GW site (east and west parcels).
He stated that the Board specifically analyzed the potential aesthetic impacts of the
proposed monopole on the surrounding community.
The Chair stated that the Board also received a further analysis of the site from the
Village RF consultant (Mike Musso).
There was an open discussion on whether the applicant wanted the Village Special LandUse counsel to recuse themselves from this application.
Nick Ward-Willis stated that no conflicts exist. He referred to a memo written to support
this position.
Sean McCarthy summarized Mike Musso’s memo. The memo referred to five questions
related to the application. The memo discussed minimum flagpole height, relocating the
flagpole to the adjacent Duracell parking lot, possibility of co-locating a flag pole near
Village Hall. The possibility of using 2 smaller towers in lieu of one large flagpole.
Lastly, the memo answered the questions if the flagpole could be installed at the DPW
garage.
The Chair stated that two towers already exist in the area and the applicant wants to
provide coverage between Tarrytown and Phelps hospital. He stated that this proposed
location is near Barnhardt Park and close to the new Village Senior Center.
The Chair stated that the Board evaluated a lower structure but according to Mike Musso,
the tower could not be lower than 70-feet or the proposed coverage would be inadequate.
He stated that the Board evaluated the aesthetic impacts of this site particularly on the
Senior Center.
The Chair also stated that the Board reviewed if this structure should be illuminated. He
stated that all reports would be made available to the applicant.
Owen Wells read a draft Resolution aloud for the record.
David Perlmutter made a motion to present this Resolution to the Board. Gary Malunis
seconded. It was unanimous (5-0).
The Chair stated that the proposed wind stress parameters should include the historic
wind stress since the Village recently experienced a tornado.
The Chair stated that the view shed along Andrews Lane should also be included in the
view shed impacts.
APPROVED - Planning Board Meeting, December 20, 2007

4

�The Chair asked if the Board had any other questions.
There were none.
The Chair polled the Board.
Gary Malunis –
Yes
George Tanner –
No
David Perlmutter – Yes
Ed McCarthy No
Nicholas Cicchetti – No
Ed McCarthy stated that the Village is trying to rejuvenate Andrews Lane. He stated that
this application is not helping the improvements in the area.
George Tanner stated that a monopole in front of Village Hall would be the best solution
for the Village and the applicant.
George Tanner made a motion to relocate the proposed facility in front of Village Hall.
Nicholas Cicchetti seconded.

George Tanner made a motion to enter into executive session. David Perlmutter
seconded. It was unanimous (6-0).
The Board entered into executive session at 9:00PM

The meeting resumed at 9:14pm. No action was taken.

David Perlmutter made a motion to resume the meeting. Gary Malunis seconded. It was
unanimous (6-0).
George Tanner asked for a clarification on the draft Resolution regarding the wind stress
and the incorporation of the recent tornado. He stated that the tornado should be used as
a baseline. He also stated that additional screening is needed on Andrews Lane and Elm
Street. He stated that fully mature trees should be used to provide additional screening
from the proposed structure to mitigate view shed impacts.
The Board agreed that 20-foot trees should provide sufficient screening.
Nicholas Cicchetti stated that the soil stability needs to be addressed. He stated that the
APPROVED - Planning Board Meeting, December 20, 2007

5

�proposed structure is going to be placed on fill material. He stated that appropriate
language needs to be added to properly address this issue.
The Chair stated that as an alternative, the hillside could be built-out so that trees could
be planted and stabilize the slope.
The draft Resolution was edited to require a deep type foundation as well as the addition
of retaining walls to prevent against slope settlement and sliding. The required
landscaping was also modified to mitigate view shed impacts.
Gary Malunis made a motion to include the changes in the draft Resolution. David
Perlmutter seconded. It was unanimous (6-0).
David Perlmutter made a motion to adopt the draft Resolution as amended. Gary
Malunis seconded. It was approved (5-1). (McCarthy).

7) Lighthouse Landing

Riverfront Development

Special Permit -

The Chair summarized the Brownfield remediation at the site.
The Chair stated that there are still a few issues that need to be further analyzed. He
stated that the Village needs to meet with the Rockefeller State Park Preserve and
adjacent municipalities. He stated that an upstream retention basin process needs to be
further studied to prevent flooding downstream.
The Chair stated that the Tree Commission review and how it relates to the site plan
review process needs to be strengthened. He also stated that the Village needs to also
update its standards climate change.
The Chair stated that the Board should raise these issues to the Village Trustees for action
at the next meeting.

8) Other George Tanner stated that the former Tornello (Citgo) gas station has changed ownership.
He stated that the owner should have sought ARB approval for the sign changes. He also
stated that there are several illegally parked vehicles on the site.
Sean McCarthy responded that the awning was merely painted.
George Tanner stated that 300 North Broadway has activity on the site.
Sean McCarthy responded that the owner has a permit to perform some mechanical work
6
APPROVED - Planning Board Meeting, December 20, 2007

�on the site.
George Tanner stated that Karl Dibble still has large construction vehicles on the front of
his property.
Sean McCarthy responded that he would investigate.

9) Approval of minutes –
The minutes for the January and November 2007 minutes will be reviewed at the next
meeting.

Adjourned at 9:44 PM

APPROVED - Planning Board Meeting, December 20, 2007

7

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING - APPROVED
April 19, 2007
The meeting was called to order at 8:00 pm by David Perlmutter, Acting Chairman. The
Chair noted that a quorum was present.
Present:

David Perlmutter, Acting Chairman
George Tanner
Gary Malunis
Nicholas Cicchetti

Absent:

Nicholas Robinson, Chairman
Ed McCarthy

Also Present:

Sean McCarthy (Village Architect, Village of Sleepy Hollow)
Anthony DelVecchio (Recording Secretary)
Owen Wells (Saccardi &amp; Schiff/ Village Planner)
Dan Pennella (Charles A. Manganaro/Village Engineer)
Nick Ward Willis (Keane &amp; Beane/Village Special Land-Use Counsel)

Announcements –
None.

Proposed Agenda:
1) Approval of the January and March 2007 meeting minutes
2) Cortese Construction
Terrace Close
New single fam. resid
3) Nextel of NY
Andrews Ln/Elm St Wireless Comms Facility

1) Minutes for the January and March 2007 meetings -

The minutes from the January 2007 and March 2007 meetings will be reviewed at the
next meeting.

2) Cortese Construction

Terrace Close

Owen Wells read the draft Resolution aloud.
The Chair asked if the Board had any questions.
There were none.

New single fam. resid

�The Chair asked if the applicant had any questions.
There were none.
George Tanner made a motion to adopt the draft Resolution approving the site plan.
Gary Malunis seconded. It was unanimous (4-0).

3) Nextel of NY

Andrews Ln/Elm St

Wireless Comms Facility -

Robert Gordioso is an attorney representing this application.
Robert Gordioso stated that the application has been revised to reflect some of the
Village’s comments. He stated that the antenna has been lowered to comply with the
Village Zoning code. He also stated that Sprint has been added as a co-applicant on this
site.
George Tanner stated that a shed is proposed near the flagpole. He stated that the
exposed wiring should be buried.
Robert Gordioso responded that he would consult with the design engineers to see if it is
feasible.
Sean McCarthy stated that there is a code text change that is before the Village Board of
Trustees.
There was an open discussion on whether to schedule a public hearing or not.
It was decided that the Planning Board will wait until the Trustees act on the proposed
code revision before the public hearing would be scheduled for their Board.
This was adjourned to the next meeting.

Adjourned at 8:23 pm.

APPROVEVD - Planning Board Meeting, April 19, 2007

2

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING - APPROVED
March 15, 2007
The meeting was called to order at 8:00 pm by Nicholas Robinson, Chairman. The Chair
noted that a quorum was present.
Present:

Nicholas Robinson, Chairman
David Perlmutter
Gary Malunis
Nicholas Cicchetti
Ed McCarthy

Absent:

George Tanner

Also Present:

Sean McCarthy (Village Architect, Village of Sleepy Hollow)
Anthony DelVecchio (Recording Secretary)
Owen Wells (Saccardi &amp; Schiff/ Village Planner)
Dan Pennella (Charles A. Manganaro/Village Engineer)
Dave Smith (Saccardi &amp; Schiff/ Village Planner)
Joel Sachs (Keane &amp; Beane/Village Special Land-Use Counsel)

Announcements –
None.

Proposed Agenda:
1)
2)
3)
4)
5)
6)

Lighthouse Realty
224 Beekman Ave Change of Use
Cortese Construction
Terrace Close
New single fam. resid
Peter Castro
335 Broadway
Site Plan approval
Estate of Laurance S. Rockefeller County House Road 3 lot Sub-division
Lighthouse Landing
Riverfront Develop. Brownfield’s discussion
Approval of the December 2006 and January 2007 meeting minutes

David Perlmutter made a motion to adopt the agenda as amended. Ed McCarthy
seconded. It was unanimous (5-0).

1) Lighthouse Realty (224 Beekman Ave Change of Use) Owen Wells summarized the draft Resolution.
The Chair asked if the Board had any questions.
There were none.

�David Perlmutter made a motion to adopt the draft Resolution. Ed McCarthy seconded.
It was unanimous (5-0).

2) Cortese Construction (Terrace Close

New single family residence) -

Mark Constantine is representing this applicant along with architect Dennis Rubich and
owner, Andrew Cortese.
The Chair asked the Village consultants to update the Board on this application.
Owen Wells summarized the Planning Board’s recent site visit to the property.
Dan Pennella commented on the proposed storm water management plan.
The Chair stated that the Board had received a letter signed by several neighbors. The
letter provides comments on the proposed application.
Mark Constantine summarized the application to date.
The Chair re-opened the public hearing.
Richard Weiss (2 Terrace Close) stated that he is not opposed to building on the site. He
stated that the applicant has maximized the amount of house that he can build on this lot.
He stated that the house can be built in a way as to maximize the river views and
minimize the visual impacts from the proposed structure. He proposed an example of
building the house sideways to create this proposed effect.
Jim Leaper (10 Birch Close) stated that he is also not opposed to the construction on the
lot but the proposed construction can be proposed in a more creative way as to not be so
obtrusive to the river views.
Gus McGernie (6 Birch Close) stated that his property would be receiving most of the
rainwater from this site in a storm event. He stated that he is concerned with this
potential problem.
The Chair referred to the Village Engineer.
Dan Pennella stated that the proposed storm water system will release the storm water at
a slower rate.
There was an open discussion on the existing sewer line swale.
APPROVED - Planning Board Meeting, March 15, 2007

2

�Joan Levy-Weiss (2 Terrace Close) stated that the area is a small space. She expressed
concerns with Fire Department access to the site in an emergency. She also asked about
the possible damage to resident’s homes if the Board approves the application and the
neighbors incur damage to their homes due to the issues raised.
The Chair stated that the issues raised can be addressed. He stated that if an approval is
granted, it can be granted with conditions. He stated that the residents can put a claim
against the Village.
Since there were no further public comments, Nicholas Cicchetti made a motion to close
the public hearing. Gary Malunis seconded. It was unanimous (5-0).
The Chair stated that the following reports are needed:
1) Existing trees on the site need to be identified and sent to the Village Tree
Commission.
2) Fire Department access needs to be certified.
3) Additional information on the sewer line swale as also required.
This application was adjourned to the next meeting.

3) Peter Castro (335 Broadway Site Plan approval) John Hughes is the attorney representing this applicant.
John Hughes summarized the application to date. He stated that he wants to start the site
plan approval process over with the Board. He stated that the traffic report was submitted
to the Village.
David Perlmutter stated that the major concerns of the Board were not addressed in the
traffic report.
Gary Malunis stated that the proposed traffic pattern on-site does not appear safe.
John Hughes stated that the traffic consultant will attend the next meeting.
The Chair asked Sean McCarthy if this matter is before the Zoning Board.
Sean McCarthy responded yes. He stated that this matter was referred to the Planning
Board for advice.
The Chair stated that the Planning Board should provide advice and sent the matter back
to the Zoning Board.
Sean McCarthy stated that the ZBA was also concerned with the number of trips
generated between the service station and the proposed convenience store.
APPROVED - Planning Board Meeting, March 15, 2007

3

�This was adjourned to the next meeting.
4) Estate of Laurance S. Rockefeller (County House Road 3 lot subdivision)John Schnapper is an attorney representing this applicant.
John Schnapper described the proposed sub-division. He stated that the parcel is lot 10
and is about 40-acres. He stated that the parcel would be divided into 3 parcels. He
stated that the parcels would be broken into sub-divisions of 8-acres, 13-acres and 18acres. He stated that the parcels would not be developed. He stated that the 18-acre
parcel would be transferred to the State land trust. He also stated that the other 2 parcels
would be purchased by family members.
The Chair stated that this application needs a public hearing and also needs to be
reviewed by the Waterfront Advisory Committee.
The Board unanimously agreed that the public hearing would be held at the next meeting
(4-0) (Perlmutter absent).

5) Lighthouse Landing (Riverfront Development - Brownfield’s discussions)
The Chair summarized the NYS DEC’s Preliminary Interim Remedial Measures (IRM)
document.
The Chair referred to Dave Smith to summarize his report on the DEC process.
Dave Smith stated that the DEC has approval authority on a part of the Lighthouse
Landing development. He stated that the NYS DEC’s process is moving forward. He
stated that the Board should prepare and provide comments on the Brownfield’s portion
of the project.
Dave Smith referred to a map of the “hot spots” on the site. He also spoke about the
monitoring wells that are required for monitoring sub-surface conditions in the future.
He stated that at least 75% of contaminated material can be removed by rail. He stated
that a geo-textile fabric will be used to indicate where the contaminated materials are
located underground.
Joel Sachs summarized the meetings with the Village and the NYSDEC and the
NYSDOH over the past several years. He stated that the PAOC (potential areas of
concern) have been reduced to two or three. He stated that the soil in these areas would
be removed from the site. He spoke about venting the methane gas currently on site. He
4
APPROVED - Planning Board Meeting, March 15, 2007

�spoke about the Environmental Easement that will set restrictions on the uses for the
property.
The Chair noted the “hot spots” on the large Village site map. He stated that these areas
would be cleaned-up. He stated that the old Village dump would continue to be vented
even after the Village garage was constructed.
Mark Churtek (environmental consultant for the applicant) stated that the applicant is
proposing to install a venting system for the methane gas.
The Chair stated that the site utilities would be placed in a much large trench that would
be lined with a geo-fabric. He stated that based on the high water table, the placement of
the site utilities need to be further investigated.
Mark Churtek stated that the site utilities are not a contamination issue. He stated that
most of the utilities will be located above the water table.
The Chair stated that the safe placement of the utilities is not clear in the IRM plan. He
stated that the workers and utilities should be safe. He wants the applicant to provide
information on the bottom of the utility trenches.
Mark Churtek responded that the applicant will provide guidance on this matter. He
stated that this information is already provided in the EIS.
Joel Sachs responded that the potential corrosion issues and safety issues that need to be
addressed.
The Chair stated that these issues can be raised tonight and resolved in a work session.
The Chair stated that the demarcation barrier should be located throughout the entire site.
He stated that over time, this demarcation barrier will be forgotten.
The Chair stated that the DEC is requiring monitoring wells. He stated that the site plan
should not be held up to preserve the monitoring wells.
The Chair spoke about emergency medical provisions during the Brownfield remediation.
He also spoke about the Hudson River sediment that needs to be remediated. He spoke
about the process of removing the contaminated materials from the site. He spoke about
the process of dewatering of the contaminated fill from the site. He referred to the county
waste water receiving standards to receive this contaminated water.
The Chair spoke about the unlicensed point source, actually a swale that was apparently
constructed by GM on the east parcel in the Pocantico River.
The Chair asked if the Board members or consultants had any additional comments.
APPROVED - Planning Board Meeting, March 15, 2007

5

�There were none.
Mark Churtek stated that he was unaware of the unlicensed point source discharging into
the Pocantico River.
Joel Sachs stated that the Board should submit written comments to the DEC on the IRM.
He stated that the public comment period ends on April 28, 2007.
The Chair stated that the DEC would like to issue its decision on May 15, 2007.
The Board unanimously agreed that the work session would take place on April 18, 2007
at 6:00pm. It was also agreed that Board members will individually show up on April
28th for the DEC public hearing.

6) Minutes for the December 2006 and January 2007 meetings The minutes from the December 2006 meeting were reviewed.
Nicholas Cicchetti made a motion to approve the minutes as submitted. Gary Malunis
seconded. It was unanimous (4-0) (Perlmutter absent).
The minutes from the January 2007 meeting will be reviewed at the next meeting.

Adjourned at 9:15 pm.

APPROVED - Planning Board Meeting, March 15, 2007

6

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING - APPROVED
January 18, 2007
The meeting was called to order at 8:00 pm by Nicholas Robinson, Chairman. The Chair
noted that a quorum was present.
Present:

Nicholas Robinson, Chairman
David Perlmutter
Gary Malunis
Ed McCarthy
George Tanner

Absent:

Nicholas Cicchetti

Also Present:

Sean McCarthy (Village Architect, Village of Sleepy Hollow)
Anthony DelVecchio (Recording Secretary)
Owen Wells (Saccardi &amp; Schiff/ Village Planner)
Nick Ward-Willis (Keane &amp; Beane/Village Special Land-Use Counsel)
Dave Smith (Saccardi &amp; Schiff/ Village Planner)
Dan Pennella (Charles A. Manganaro/Village Engineer)

Announcements –
None.

Proposed Agenda:
1)
2)
3)
4)
5)
6)
7)
8)

Henry Molina
49-51 Chestnut St New 2-family dwelling
Wireless GEIS zoning amendment
Cortese Construction
Terrace Close
New single family residence
Lighthouse Realty
224 Beekman Ave Change of Use
Village Zoning amendment
Lighthouse Landing
Riverfront Develop Special Permit
Other
Approval of the November and December 2006 Minutes

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

1) Henry Molina –
Jon Turnquist is the project architect and is representing this application along with
owner Henry Molina.

�Jon Turnquist discussed the application to date. He stated that the all of the required
approvals have been received.
Owen Wells read the draft Resolution aloud.
The Chair asked if there were any questions from the Board.
There were none.
George Tanner made a motion to adopt the draft Resolution. Gary Malunis seconded. It
was unanimous (5-0).

2) Wireless GEIS zoning amendment Nick-Ward-Willis recused himself from this application.
Owen Wells stated that the current Code does not conform to the GEIS. He stated that
there are several sites in the GEIS that are not zoned to accommodate wireless facilities.
He stated that this amendment would allow the areas recommended in the GEIS to permit
the construction of wireless facilities.
The Chair asked if the Board had any questions.
George Tanner made a motion to refer the memo to Robert Ponzini (Village Attorney) for
review and then follow to the Village Board of Trustees. Ed McCarthy seconded. It was
unanimous (5-0).

3) Cortese Construction Richard Blancato is representing this application along with architect, Dennis Rubich.
The Chair asked if the returns were received.
Sean McCarthy responded yes.
Richard Blancato discussed some of the changes that the applicant has made to the
proposed project since the original application was presented to the Village. He stated
that the roofline was reduced 7-feet. He reviewed the Waterfront Advisory Committee’s
findings.
The Chair asked if there were any questions from the Village consultants.
APPROVED - Planning Board Meeting, January 18, 2007

2

�Sean McCarthy stated that there are still some outstanding issues regarding the site
stormwater.
The Chair opened the public hearing.
Ana Maria McGinnis (12 Birch Close Road) stated that she is concerned that the house is
too tall. She stated that the house will give the appearance of a 3-story structure.
Eric Schumski (4 Terrace Close) asked about the roofline. He asked for a copy of the
revised drawing.
Sean McCarthy asked the applicant to provide 11”x17” copies for the public.
Jim Leaper (10 Birch Close) stated that he would view the rear of the house from his
property. He stated that the house is dissimilar of other houses on Birch Close. He
asked about the status of the outstanding engineering issues. He also asked about the
removal of trees.
The Chair stated that the applicant must retain their stormwater on-site.
Richard Blancato showed which trees would be removed from the site.
Sean McCarthy asked the applicant to provide a limit disturbing line so show which areas
would be disturbed.
Gert Bruning (6 Birch Close) stated that at previous meetings he asked about the volume
comparisons of other houses in the area. He also expressed concerns about the
stormwater runoff.
Richard Weiss (2 Terrace Close – Chair, Waterfront Advisory Committee) stated that the
Board should not dismiss the findings of the Waterfront Advisory Committee. He stated
that the applicant knew of the difficult site issues and of Village policy when purchasing
the site. He stated that the Committee made detailed findings indicating that the public
riverviews would be eliminated.
David Perlmutter stated that a one-story structure would impact the river views.
The Chair asked about the photos submitted to the Waterfront Advisory Committee. He
stated that the photos would be helpful for the Board to review.
Richard Weiss stated that the house is out-of-scale in the neighborhood. He stated that
more creative architecture could create a structure that is more in character with the
neighborhood.
Joan Levy-Weiss (2 Terrace Close) stated that the proposed structure is not in character
APPROVED - Planning Board Meeting, January 18, 2007

3

�with the neighborhood. She stated that the existing fire hydrant and utility poles would
be impacted by the proposed structure.
The Chair responded that the Board takes the findings of the Waterfront Advisory
Committee very seriously. He suggested that the Board members visit the site to better
understand the site concerns.
Since there were no further public comments, David Perlmutter made a motion to adjourn
the public hearing to the next meeting. George Tanner seconded. It was unanimous (5-0).

4) Lighthouse Realty Irving Ortiz is the project architect and is representing this application along with the
owners.
The Chair asked if the returns were received.
Sean McCarthy responded yes.
David Perlmutter made a motion to open the public hearing. George Tanner seconded. It
was unanimous (5-0).
Irving Ortiz summarized the application. He stated that the first floor would be converted
to a small office.
The Chair asked if the public had any comments.
There were none.
The Chair asked if the Board had any comments.
There were none.
Gary Malunis made a motion to close the public hearing. David Perlmutter seconded. It
was unanimous (5-0).
The Chair stated that the applicant needs to submit a Code analysis to the Building
Department along with any other materials.
Adjourned to the next meeting

5) Zoning Amendment The Chair stated that this matter was referred to the Board from the Village Trustees.
APPROVED - Planning Board Meeting, January 18, 2007

4

�Dave Smith gave an overview of the proposed zoning changes. He stated that the height
requirement in part of the parcel near the railroad tracks from 45-feet to 65-feet. He
referred to George Tanner’s questions from the previous meeting concerning noise. He
stated that based on the distance and the topography, there would be no discernable
difference in noise.
George Tanner expressed concerns about the distances on the east parcel and the existing
tunnel.
Dave Smith responded that this is not an adverse environmental impact.
Dave Smith read a memo from Fred Bland (Village consultant) on the zoning change.
The memo stated that more river views would be available for more units. The memo
was in favor of the proposed height change.
The Chair asked if the applicant had any comments.
There were none.
The Chair reviewed several height options on the site. He reviewed the third option
which included lowering some of the units near Kingsland Point Park to 3-4 stories and
increasing the height near the top of the parcel (near Beekman Ave) to 5 stories.
The Chair asked if the Village consultants had any questions.
Dave Smith agreed with Fred Bland’s comments.
The Chair asked if the public had any comments.
David Pysh (Chair, Architectural Review Board) stated that the area near Beekman
should be developed to better allow foot traffic.
Jeff Ansavino (Scenic Hudson) stated that he supports the proposed zoning amendment.
Since there were no further public comments, the public hearing was closed.
The Chair stated that that proposed amendment would allow for the current height of the
loft building would increase from 42-feet to 45-feet for the first loft and up to 65-feet for
the other 2 loft buildings. It was agreed with the applicant that the structure along
Beekman Ave would be a 2-story structure with parking.
Gary Malunis made a motion to adopt the zoning amendment and send to the Village
Trustees. David Perlmutter seconded. It was unanimous (5-0).

APPROVED - Planning Board Meeting, January 18, 2007

5

�6) Lighthouse Landing The Chair referred to the Board’s comments on the FEIS to the Village Trustees. He
reviewed to his memo.
a) Economic Factors, Density and Over-all design The Chair stated that the 1250 units are needed to satisfy the repayment of the school
bonds. He stated that the proposed density is based on some level of design.
b) Brownfields The Chair referred to the Brownfield issues on the site. He stated that a meeting was held
with the DEC and DOH. He stated that the site is not a heavily contaminated site since it
was not a manufacturing site but an assembly site. He spoke about several hot spots on
the site. He spoke about methods that would be used to install sewer and utility lines
while encapsulating the hazardous areas with a fabric. He stated that a DEC inspector
would be on-site to supervise the environmental remediation.
The Chair spoke about the Village dump. He stated that the site contains methane. He
stated that the DEC wants an active process to vent the methane.
The Chair stated that most of the items would be removed from the site by rail. He stated
that there are two areas that are not
The Chair asked if the Board or applicant have any questions.
There were none.
David Perlmutter made a motion to adopt the comments. George Tanner seconded. It
was unanimous (5-0).
The Chair asked if there were any questions on the east parcel.
There were none.
c) Landscape plan The applicant needs to submit a landscape plan to the Village.
The Chair reviewed the possible archeological analysis that should be performed.
d) Flood control The Chair stated that other property owners have been required to design their sites for
the 100-year storm event. He stated that a study should be performed to create a separate
channel or other method for flood control.
6
APPROVED - Planning Board Meeting, January 18, 2007

�The Chair asked if the applicant had any comments.
Andy Tung responded that the applicant is willing to participate in the proposed study to
come to a proper solution. He referred to a Scenic Hudson study
Jeff Ansavino (Scenic Hudson) responded that once the study is complete, he would
make it available to the applicant.
e) Traffic &amp; Transportation The Chair stated that the demolition debris of the site was removed by rail. He stated that
trucks traveling thru the area are inevitable.
George Tanner asked if the equipment could be brought into the site by barge.
The Chair referred to the applicant.
Jon Stein responded that GM has committed to remove over 75% of the contaminated
soil by rail. He stated that the water-dependent piers would be constructed by rail. He
stated that the applicant has not found a company to remove the material by rail.
George Tanner asked if construction materials could be transported by rail or barge.
Jon Stein responded that each trait would have to be explored. He stated that it would
make more sense to work with the police to keep traffic impacts to a minimum.
Dave Smith stated that the Village could have a liaison to work with the Village to assist
with the construction process.
The Chair spoke about the long-term traffic impacts. He stated that the Tarrytown traffic
study shows that 20% of the traffic would travel thru Beekman Avenue. He reviewed the
existing school bus services, taxi services and potential impacts with the Tappan Zee
Bridge improvements. He stated that the applicant should work with the Sleepy Hollow
Trustees and the Tarrytown Trustees to create a transportation district to help solve this
eventual problem.
Richard Weiss (WAC Chairman) stated that the Committee reviewed the plan at their last
meeting. He stated that the Committee recommended that the applicant create an
additional footbridge to increase pedestrian activity in the area.
George Tanner made a motion to adopt the comments. David Perlmutter seconded. It
was unanimous (5-0).

APPROVED - Planning Board Meeting, January 18, 2007

7

�f) Water &amp; Sewage The Chair stated that the County sewage facility is approaching capacity. He asked the
applicant about the capacity of the county sewage treatment facilities.
Andy Tung responded that Westchester County has indicated that sufficient capacity
exists.
The Chair stated that the additional water supply needed is currently being addressed by
the Village thru the Village’s expand water storage project.
David Perlmutter made a motion to adopt the comments. George Tanner seconded. It
was unanimous (5-0).
g) Water Dependent Uses The Chair stated that the proposed water-dependent uses do not properly reflect the
policies of the LWRP. He stated that LWRP policy 21 is very clear about waterdependent uses. He stated that the Village’s waterfront is unique since the Village is not
cutoff by the Metro-North railroad.
The Chair stated that the Pocantico River is not controlled by GM. He stated that the
public navigation could be restored as-of-right. He stated that active water-dependent
uses should be studied further. He stated that the extension of the Pocantico River should
be studied by the applicant (see attached map).
George Tanner asked how would this impact the applicant.
The Chair responded that the applicant would lose about 50-units and would have to
create a 30-foot extension.
Jon Stein commended the Chair on his knowledge of the Pocantico River. He discussed
all of the proposed water-dependent uses on the parcel. He reviewed the proposed
fishing piers, belvederes, boat house, floating docks and beach head.
The Chair asked if the public had any comments.
Richard Weiss (WAC Chairman) stated that the Waterfront Advisory Committee stated
that the proposed water-dependent uses should be integrated within the site. He stated
that the proposed uses appear to be “stuck-on” the plan.
Pat Piereson (ARB member) stated that the Tarrytown waterfront has a small dock near
the waterfront restaurants. She stated that the Village should work on creating a similar
environment.
APPROVED - Planning Board Meeting, January 18, 2007

8

�Jeff Ansavino (Scenic Hudson) stated that he supports extending the Pocantico River. He
also stated that Scenic Hudson is developing a landscaping plan for the area.
David Perlmutter made a motion to adopt the comments. George Tanner seconded. It
was unanimous (5-0).
h) Energy Efficiency The Chair stated that the Ichabod’s Landing was designed to be LEED certified.
David Perlmutter made a motion to adopt the comments. George Tanner seconded. It
was unanimous (5-0).

The Chair stated that once the special use permit is granted, the Board would sit with the
applicant to development a plan to review the site in sections.

7) Other –
There was an open discussion on the Board’s next meeting.
Since there would not be a quorum for the February meeting, the Board’s next meeting
would be scheduled for March 15, 2007.

8) Minutes for the November and December 2006 meetings The minutes from the November and December 2006 meetings will be reviewed at the
next meeting.

Adjourned at 10:24 pm.

APPROVED - Planning Board Meeting, January 18, 2007

9

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING - APPROVED
September 20, 2007
The meeting was called to order at 8:00 pm by Nicholas Robinson, Chairman. The Chair
noted that a quorum was present.
Present:

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

Absent:

Gary Malunis

Also Present:

Sean McCarthy (Village Architect, Village of Sleepy Hollow)
Anthony DelVecchio (Recording Secretary)
Owen Wells (Saccardi &amp; Schiff/ Village Planner)
Dave Smith (Saccardi &amp; Schiff/ Village Planner)
Dan Pennella (Charles A. Manganaro/Village Engineer)
Amanda Kandel (Keane &amp; Beane/Village Special Land-Use Counsel)
Mike Musso (LMS Engineers/Village Communication consultant)

Announcements –
None.

Proposed Agenda:
1) Nextel
Andrews Lane &amp; Elm St
Wireless Comms Facility
2) Marcelo Puglio
95 College Ave
Alteration &amp; change of use
3) L. Rodrigues Enterprises
172 Valley St
Prelim. Discussion
4) Grotto Holding Corp.
300 North Broadway
New office Bldg.
5) George Samaras
76 Chestnut Street
Parking lot for 175 Valley St
6) Thomas &amp; Jana Phipps
22 Farrington Ave
Subdivision
7) Carlos Rodrigues
7 Hudson Street
Addition &amp; change from 5 to 6 fam.
8) Julio Zhingri
290 North Washington St New parking lot
9) Fremont Pond
Wetlands issues
10) Lighthouse Landing
Riverfront Development
Brownfield remediation
11) Approval of the January, April, and July 2007 meeting minutes
The agenda was unanimously adopted (6-0).

�1) Nextel

Andrews Lane &amp; Elm St

Wireless Comms Facility -

The Chair asked if the proof of mailings for the public notices had been received.
Sean McCarthy responded yes.
The Chair asked if the Board had any questions.
There were none.
The Chair opened the public hearing.
Robert Gordioso is representing this application on behalf of the applicant.
Robert Gordioso gave an overview of the history of this application. He summarized the
proposed application. He stated that this application had been modified based on
previous comments from the Board. He stated that the original application was for a 92foot monopole. He stated that the current application calls for an 80-foot monopole.
Sean McCarthy stated that parking at the Senior Center was an issue.
Mike Musso (Village consultant) stated that this application has been previously
reviewed at 95 Beekman Avenue. He stated that the application has been reviewed for
radiation emissions and for the height aspects. He stated that the applicant has complied
with all of the Village’s technical requests. He stated that the potential exposure is far
below what is permitted.
George Tanner asked if the radio frequencies are radiating outward or down.
Mike Musso responded that the antennas are primarily focused on the horizon. He stated
that they can be adjusted to point to other cell sites.
George Tanner asked about the amount of radio frequency emissions that would radiate
toward street level.
Robert Gordioso responded that the figures were provided in the report. He summarized
the exposure levels at several distances from the monopole.
George Tanner asked how these levels relate to a homeowner.
Dave Collins (Pinnacle Telecom Group– Nextel consultant) summarized his credentials
for the record. He compared the emissions in a home-owners kitchen and the proposed
communication facility and how a person would be exposed to far more emissions in a
typical kitchen than from the proposed communication facility.
The Chair asked if the erosion control plan was addressed by the Board.
Dan Pennella responded that the applicant needs to address the existing site conditions
APPROVED - Planning Board Meeting, September 20, 2007

2

�prior to applying for a building permit.
The Chair stated that the Planning Board has previously prepared a Wireless GEIS to
address where wireless communication facilities can be installed in the Village. He
stated that under the existing laws, the local government can only control the aesthetics of
any proposed communication towers. He stated that the comprehensive plan controls the
aesthetics of these facilities while keeping with the historic nature of the village.
The Chair asked the public for comments.
Irene Amoto (president of Sleepy Hollow Seniors) stated that she objects to the location
of the facility near the senior center.
Maria DeiMilia-Powers (50 Elm Street) asked about the soil studies. She stated that the
soil studies might determine that the site is not useable.
Robert Gordioso responded that the soil needs to be sampled so that an appropriate
foundation can be performed. He stated that the final design of the pole will determine
the final foundation plan.
Maria DeiMilia-Powers stated that there are security issues at the proposed site.
Robert Gordioso responded that the responsibility of securing the equipment is the
responsibility of Nextel.
Maria DeiMilia-Powers stated that she has concerns about the emissions from this
facility. She also stated that the applicant should revisit the St. Theresa’s church location.
Mary Ann Hogan stated that there are supposed to be multiple antennas on this
monopole.
Mike Musso responded that this facility can accommodate 4 wireless providers.
Mary Ann Hogan stated that the Senior Center and Barnhardt park playground are not
250-feet away from this proposed monopole. She stated that this application should be
re-evaluated and relocated.
Mary Ellen Ferrera (95 Beekman Avenue) stated that she has cancer. She stated that
senior citizens are more vulnerable to illness than others.
The Chair stated that the Board is very concerned with the health and safety of the public.
He stated that the Board takes extra precautions when dealing with these matters.
Mario Bellanich (153 North Washington Street) stated that the Douglas Park location
should be used since it is closer to the cemetery and not in the inner Village.
APPROVED - Planning Board Meeting, September 20, 2007

3

�Josephine Galgano (53 Gory Brook Road) stated that the Sleepy Hollow Seniors have
waited a long time for the new senior center. She stated that the facility should not be
located so close to the senior center.
Edna Bellanich (153 North Washington Street) asked if this application is a done deal.
The Chair responded that the Board can control the aesthetics of the location and how it
integrates in the village.
Edna Bellanich stated that other locations should be considered.
David Perlmutter stated that the Board does not have jurisdiction over matters concerning
health. He stated that the Board can control matters on aesthetics.
Christopher Shoop (95 Beekman Avenue) stated that the appearance of the monopole will
take away from the inner Village.
Maria DeiMilia-Powers asked how the base equipment will be camouflaged.
Robert Gordioso detailed the proposed landscaping plan. He stated that the equipment
shed will be about 13-feet high.
The Chair stated that the Board will take the public comments into consideration. He
stated that the public can continue submitting comments to the Board.
The Board agreed that the public hearing will remain open to the next meeting.
Robert Gordioso stated that the foundation plan will be provided once a final design is
approved by the Village.
The Chair stated that the Board wants the record to be complete.
David Perlmutter asked why St. Theresa’s church steeple is not being considered.
Mike Musso responded that the site is not in the GEIS since the church is not willing to
permit the antenna to be installed at this location.
George Tanner made a motion to adjourn the public hearing and the application to the
next meeting. David Perlmutter seconded. It was unanimous (5-0).

2) Marcelo Puglio

95 College Ave

Alteration &amp; change of use -

This is a continuation from previous meetings.
Richard Blancato is the attorney representing this application.
APPROVED - Planning Board Meeting, September 20, 2007

4

�Richard Blancato stated that the applicant wants to park his trucks at this location. He
stated that the property will only be used to store trucks in the evening.
David Perlmutter made a motion to open the public hearing. Nicholas Cicchetti
seconded. It was unanimous (5-0).
The Chair asked if the proof of mailings for the public notices had been received.
Sean McCarthy responded yes.
Richard Blancato stated that the owner wants to use the interior garage to park his
construction vehicles. He stated that a new fence would be installed on the site along
with some landscaping.
The Chair asked if the Village consultants had any questions.
Owen Wells asked about the proposed indoor use.
Richard Blancato responded that the employees would park their cars inside of the garage
during the day. He stated that the construction vehicles would be parked in the garage
overnight.
Dan Pennella asked why a storm water management structure is not being proposed.
Richard Blancato responded that the site is only being repaved.
Dan Pennella responded that a storm water retention system should be included.
The Chair asked if there were any public comments.
Mario Bellanich (153 North Washington Street) asked what would be in the trucks.
Richard Blancato responded that the trucks are used for construction but they would be
empty when they are stored.
Since there were no further public comments, George Tanner made a motion to close the
public hearing. David Perlmutter seconded. It was unanimous (5-0).
Owen Wells stated that the applicant needs to evaluate if there is sufficient parking in the
rear of the property.
Ed McCarthy made a motion to approve the application with the condition that an
appropriate storm water management system be included. David Perlmutter seconded. It
was unanimous (5-0)

APPROVED - Planning Board Meeting, September 20, 2007

5

�3) L. Rodrigues Enterprises

172 Valley St

Preliminary Discussion -

Larry Rodrigues is the owner and is representing this application along with architect,
Ron Turnquist.
Ron Turnquist gave an overview of the proposed building layout. He discussed the
parking layout, proposed office space and apartment layouts in detail. He also described
the different parking levels.
The Chair asked if the village consultants had any questions.
Dan Pennella asked about stall 6C on the lower level.
Ron Turnquist responded that the parking space will require the vehicle operator to make
some additional maneuvers.
Sean McCarthy asked how many parking spaces are being lost on the street.
Ron Turnquist responded that one parking space will be lost. He stated that 16 parking
spaces are being proposed and 15 parking spaces are required.
The Chair asked if the applicant had appeared before the Waterfront Advisory
Committee.
Ron Turnquist responded yes. He stated that the Committee found the application
consistent with the LWRP.
Owen Wells asked the applicant to clarify where the dwelling units have been reduced.
Ron Turnquist showed where the dwelling units have been reduced.
Nicholas Cicchetti made a motion to schedule a public hearing for the next meeting.
David Perlmutter seconded. It was unanimous (5-0).

4) Grotto Holding Corp

300 North Broadway

New office Bldg. -

David Berbuti is the architect presenting this application on behalf of the owners.
David Berbuti stated that all of the technical issues were resolved with the Building
Department.
George Tanner asked the applicant to clarify several issues regarding illegal work on the
property.
David Berbuti responded that several issues were corrected. He stated that these items
APPROVED - Planning Board Meeting, September 20, 2007

6

�were regarding safety and security issues.
George Tanner stated that he is concerned that the applicant will not conform to any
approval granted by the Board.
There was an open discussion of the on-going work performed at the site.
The Chair asked if there were any other approvals required.
Sean McCarthy responded that the building is a pre-existing non-conforming use. He
stated that several variances are needed.
The Chair stated that the applicant should obtain all required variances before scheduling
a public hearing.
Nicholas Cicchetti made a motion to schedule the public hearing for the next meeting.
There was no second.
The Board unanimously agreed to refer the application to the Zoning Board.
This was adjourned to the next meeting.

5) George Samaras

76 Chestnut Street

Parking lot for 175 Valley –

Nobody was present for this application.
This was adjourned to the next meeting.

6) Thomas &amp; Jana Phipps 22 Farrington Ave

Subdivision -

Nobody was present for this application.
This item was removed from the agenda.

7) Carlos Rodrigues

7 Hudson Street

Addition &amp; change from 5 to 6 fam. –

Richard Blancato is representing this application along with the owner.
Richard Blancato stated that the owner purchased the property a few months ago. He
stated that that the Village records indicate that this property is a 5-family property but
APPROVED - Planning Board Meeting, September 20, 2007

7

�the Town records show a 4–family residence.
Owen Wells stated that this property is located in the RF District.
The Chair stated that this application is under the jurisdiction of the Village Trustees and
not the Planning Board.

8) Julio Zhingri

290 North Washington St

New parking lot -

Julio Zhingri is the owner and is representing this application.
Sean McCarthy stated that this property is a multi-family residence. He stated that the
applicant was performing work in the rear of the site to install a parking lot. He stated
that he stopped the work since it was being performed without a permit.
The Chair stated that this application needs to go to the Waterfront Advisory Committee.
This was adjourned to the next meeting.

9) Fremont Pond

Wetlands issues –

The Chair stated that a consent order should be sought from the NYSDEC so that the
enforcement issue can be resolved. He stated that the Village needs to seek the consent
order to prevent potential enforcement issues by the US Army Corps of Engineers.
No action was taken.

10) Lighthouse Landing

Riverfront Development

Riverfront Development -

The Chair stated that the Board cannot send a recommendation to the Village Trustees
since the Trustees have not taken any actions on the special permit application or the
LWRP findings yet.
The Chair stated that the Board should start compiling any generic conditions that would
apply site-wide so the Board can perform an expedited review once this matter is
officially on the Board’s agenda.
No action was taken.
APPROVED - Planning Board Meeting, September 20, 2007

8

�11) Approval of minutes –
The minutes from the January meeting will be reviewed at the next meeting.
David Perlmutter made a motion to approve the April 18, 2007 as submitted. George
Tanner seconded. It was unanimous (5-0).
David Perlmutter made a motion to approve the July 19, 2007 as submitted. George
Tanner seconded. It was unanimous (5-0).

Adjourned at 9:59 PM

APPROVED - Planning Board Meeting, September 20, 2007

9

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING - APPROVED
July 19, 2007
The meeting was called to order at 8:02 pm by Nicholas Robinson, Chairman. The Chair
noted that a quorum was present.
Present:

David Perlmutter
Nicholas Robinson, Chairman
George Tanner
Gary Malunis
Nicholas Cicchetti

Absent:

Ed McCarthy

Also Present:

Sean McCarthy (Village Architect, Village of Sleepy Hollow)
Anthony DelVecchio (Recording Secretary)
Owen Wells (Saccardi &amp; Schiff/ Village Planner)
Dave Smith (Saccardi &amp; Schiff/ Village Planner)
Dan Pennella (Charles A. Manganaro/Village Engineer)
Nick Ward-Willis (Keane &amp; Beane/Village Special Land-Use Counsel)

Announcements –
None.

Proposed Agenda:
1) Marcelo Puglio
95 College Avenue
Alteration &amp; change of use
2) Estate of L. Rockefeller
County House Road
3-lot sub-division
2) Nextel
Andrews Land &amp; Elm St. Wireless comms facility
3) Peter Castro
335 North Broadway
Alterations &amp; change of use
5) L. Rodrigues Enterprises
172 Valley St
Prelim. Discussion
6) Grotto Holding Corp
300 North Broadway
New office Bldg.
7) Fremont Pond
Wetlands issue
8) Lighthouse Landing
Riverfront Development
Brownfield remediation
9) Approval of the January, April and June 2007 meeting minutes
The agenda was unanimously adopted (5-0).
1) Marcelo Puglio

95 College Avenue

This is a continuation from previous meetings.
Richard Blancato is the attorney representing the applicant.

Alteration &amp; change of use-

�Richard Blancato requested an adjournment to the next meeting. He stated that the public
notices did not get completed in time for the meeting. He requested that the applicant be
allowed to appear before the ARB while the public hearing is being scheduled. The
Board had no objection and agreed the ARB should hear the application.
This was adjourned to the next meeting.
No action was taken.
2) Estate of L. Rockefeller

County House Road

3-lot sub-division -

Owen Wells read the draft Resolution aloud.
George Tanner made a motion to adopt the draft Resolution approving the 3-lot subdivision. Gary Malunis seconded. It was unanimous (5-0).
3) Nextel

Andrews Land &amp; Elm St.

Wireless comms facility -

The Chair noted that the Board had received a draft Resolution from the Board of
Trustees.
The Chair stated that the Board can now schedule a public hearing.
Nicholas Cicchetti made a motion to schedule the public hearing for the next meeting.
George Tanner seconded. It was unanimous (5-0).
The Chair stated that the GEIS should be available for the next meeting.
4) Peter Castro

335 North Broadway

Alteration &amp; change of use–

John Lentini is the project architect and is representing the applicant along with traffic
consultant, Bernard Adler.
Bernard Adler gave an overview of the proposed traffic patterns on the site. He spoke
about the sight distances from the driveway on Broadway. He stated that a letter was
submitted to the Village that addressed these issues. He stated that the sight distance, in
his opinion, is more than adequate to satisfy any concerns.
George Tanner stated that the proposed parking plan does not seem adequate. He stated
that people are going to pull straight up to the store and are not going to follow the
parking plan.
Bernard Adler responded that typically the vehicle that stops for gasoline is the same
vehicle that enters the store for coffee and other items.
APPROVED - Planning Board Meeting, July 19, 2007

2

�David Perlmutter asked if enough parking spaces are being provided.
Sean McCarthy responded yes.
The Chair stated that the proposed site plan complies with the Village Code. He stated
that there may be public safety questions but they are not related to the issues before the
Zoning Board.
David Perlmutter questioned why the applicant appeared before the Zoning Board.
Sean McCarthy responded that the building was a non-conforming use and the applicant
was seeking a change of use.
The Chair stated that the Zoning Board needs feedback from the Planning Board for the
traffic issues. He stated that other concerns can be relayed to the Zoning Board along
with the traffic pattern recommendations.
There was an open discussion on how to advise the Zoning Board.
It was agreed that the Board could inform the Zoning Board that the application meets the
Village Code. It was also stated that if the Board does not agree with the application, the
Board could reflect those concerns during the site plan review.
George Tanner made a motion to refer this back to the Zoning Board of Appeals that the
application meets the three concerns of the Zoning Board. David Perlmutter seconded. It
was unanimous (5-0).
5) L. Rodrigues Enterprises

172 Valley St

Preliminary Discussion -

Larry Rodrigues is the owner and is representing his company on this application.
Larry Rodrigues stated that the handicapped apartment has been removed from the plans.
Sean McCarthy summarized the Waterfront Advisory Committee’s consistency findings.
He stated that three parking spaces are being lost on the street. He stated that one parking
space will be lost on Valley Street and two parking spaces will be lost on Depeyster
Street. He stated that the parking spaces on the site plan do not properly reflect the
current street parking configuration. He stated that nothing is permitted in the Village
right-of-way. Currently, the plans show a parking aisle on the Village right-of-way. He
also stated that the compact parking spaces are also not properly configured.
Owen Wells stated that the FAR calculation is not accurate. He stated that the lot size
used in the calculation is larger than the actual lot size.
APPROVED - Planning Board Meeting, July 19, 2007

3

�This was adjourned to the next meeting.
6) Grotto Holding Corp

300 North Broadway

New office Bldg. -

David Barbuti is the architect presenting this application on behalf of the owners.
David Barbuti stated that the plans have been modified to reconfigure the parking plan.
He stated that 29 spaces are proposed. He stated that only 24 parking spaces are required.
He stated that the Village Code allows tandem spaces inside the garage area.
Gary Malunis asked about the proposed use of the remaining office space.
David Barbuti responded that the remaining 1500sf will be used for a professional office.
He stated that it would not be used for a medical use.
The Chair asked if there is any proposed parking on New Broadway.
David Barbuti responded no.
The Chair asked if the Village Architect had any questions.
Sean McCarthy responded that he needs to review the triple tandem parking arrangement.
He stated that there might be fire department access issues.
George Tanner asked how many parking spaces are blocking the garage doors.
David Barbuti responded that there are 4 parking spaces proposed to block the garage
doors.
The Chair asked if there are any storm water management issues.
Dan Pennella responded that the plans should handle 20% on-site storage. He stated that
the plans reflect 0% on-site storage.
David Barbuti responded that the plan was not submitted to the Village.
It was agreed that the storm water management plan and associated calculations would be
submitted to the Village for review.
The Chair stated that the Village needs to review the parking plan and storm water
management plan as well as addressing the fire department access issues.
David Barbuti requested that the application be referred to the ARB.
The board unanimously agreed to refer this application to the ARB.
7) Fremont Pond
Wetlands issues –
The Chair stated that the Village’s recent work at Fremont Pond was performed without a
permit. He stated that the installed system needs to be placed into compliance.
4
APPROVED - Planning Board Meeting, July 19, 2007

�Sean McCarthy stated that the proposed access road was not installed according to the
approved methods. He stated that additional information is still needed from the Village
Administration.
Nick Ward-Willis stated that the NYS DEC will need to be notified in order to bring this
matter into compliance.
This was adjourned to the next meeting.
8) Lighthouse Landing

Riverfront Development

Brownfield remediation

The Chair stated that the Brownfield issue will come back to the Board during subsequent
reviews. He also stated that the flood control (Pocantico buffer zone) and LEED
Certification are still open for comments.
The Chair stated that Tarrytown has submitted reports on economic analysis of the
development as well as the proposed traffic impacts.
George Tanner stated that Tarrytown has submitted their comments after the public
comment period ended.
Dave Smith spoke about the Tarrytown comments. He stated that Tarrytown reiterated
many of their comments from the DEIS. He stated that the Tarrytown traffic analysis
differs in opinion from the methods used by the applicant. He stated that the Village’s
Traffic Engineer stated that the traffic methods used by Roseland are acceptable.
The Board agreed that the Tarrytown traffic report does not propose any information that
would contradict the Sleepy Hollow traffic report.
Dave Smith stated that Roseland’s economic analysis was challenged by Tarrytown for
not using a comparable Hudson River waterfront development. He stated that the
Village’s consultants will provide a separate analysis. He stated that the report questions
the use of the Brownfield Tax Credits. He also stated that the Tarrytown report does not
address any new issues. He stated that the methodology used by the applicant is sound.
The Chair stated that the Tarrytown report also stated that 1000 units are needed to keep
this a viable project.
Dave Smith stated that the economic analysis was performed for 1250, 1050 and 850
units. He stated that regardless of the applicants Internal Rate of Return (IRR) on the
development, there needs to be a certain number of units for the development to be viable
5
APPROVED - Planning Board Meeting, July 19, 2007

�for the Village.
Dave Smith stated that the development needs to be a LEED Certified building. He
stated that all seven of the Phase I buildings will meet the LEED Certified requirements
for new construction. He also stated that green roof technology will have to be used on
three of the buildings.
George Tanner asked if applicable language has been added in case the LEED
Certification is not the leader in green-building technology once this project is built-out.
He stated that provisions should be added to the Findings to include the most current
green-building technology available.
Dave Smith referred to the handout provided by the Chair. He specifically referred to
paragraph 15 that calls for the applicant to participate in funding a study to address the
flooding of the Pocantico River upstream of the development site.
George Tanner stated that the applicant cannot be responsible to the Pocantico River
upstream of the site. He stated that the applicant should work with the County and
Village officials to mediate the effects of the 100-year storm event on the east and west
parcels.
The Chair stated that the applicant should participate in the process.
Dave Smith spoke about the estuary buffer. He stated that the Scenic Hudson proposal
included an estuary buffer area. He stated that the applicant feels that including the entire
width of the buffer on the GM site would impact the development of some of the
townhouses. He noted that the parking for Kingsland Point Park would have to be
relocated out of the estuary buffer area.
The Chair asked if the Board had any other questions or comments for the Village Trustees.
There were none.
9) Approval of January, April and June 2007 minutes The minutes for January and April meeting minutes will be reviewed at the next meeting.
David Perlmutter made a motion to approve the June 2007 minutes as submitted. George
Tanner seconded. It was unanimous (5-0).

Adjourned at 9:28 PM

APPROVED - Planning Board Meeting, July 19, 2007

6

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING - APPROVED
June 21, 2007
The meeting was called to order at 8:02 pm by Nicholas Robinson, Chairman. The Chair
noted that a quorum was present.
Present:

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

Absent:

None

Also Present:

Sean McCarthy (Village Architect, Village of Sleepy Hollow)
Anthony DelVecchio (Recording Secretary)
Dave Smith (Saccardi &amp; Schiff/ Village Planner)
Dan Pennella (Charles A. Manganaro/Village Engineer)
Nick Ward-Willis (Keane &amp; Beane/Village Special Land-Use Counsel)

Announcements –
None.

Proposed Agenda:
1) The Estate of L. Rockefeller County House Road
3-lot sub-division
2) Nextel
Andrews Land &amp; Elm St. Wireless comms facility
3) Peter Castro
335 North Broadway
Alterations &amp; change of use
4) L. Rodrigues Enterprises
172 Valley St
New mixed use bldg
5) Grotto Holding Corp
300 North Broadway
New office Bldg.
6) Marcelo Puglio
95 College Ave
Alteration &amp; change of use
7) Fremont Pond
Wetlands issues
8) Lighthouse Landing
Riverfront Development
Brownfield remediation
9) Approval of the January, March, April and May 2007 meeting minutes
10)Annual Report

The agenda was unanimously adopted (6-0).
1) The Estate of Laurance Rockefeller –
John Schnauper is an attorney representing this application.

�George Tanner made a motion to open the public hearing. David Perlmutter seconded. It
was unanimous (6-0).
John Schnauper discussed the proposed sub-division. He submitted proof of mailings to
the Village Architect.
Dan Pennella asked about any proposed easement.
The Chair responded that the only proposed change is to the lot lines.
The Chair asked if there were any public comments.
Mario Bellanich (North Washington Street) asked about the reason for the sub-division.
The Chair stated that the property was sub-divided as part of Laurance Rockefeller’s will.
Mario Bellanich asked if there were any changes in property taxes as a result of the subdivision.
Nick Ward-Willis responded that once the sub-division is completed, the individual
parcels would be re-assessed.
Since there were no further public comments, the public hearing was closed.
George Tanner made a motion to approve the proposed sub-division. David Perlmutter
seconded. It was unanimous (6-0).

2) Nextel

Andrews Land &amp; Elm St.

Wireless comms facility -

The Chair stated that the Village has received a petition from Village residents expressing
concerns about the radiation exposure of the proposed antenna. He stated that the scope
of the Village’s jurisdiction is restricted under the law. He stated that the Village only
has jurisdiction regarding aesthetics and consistency regarding the Village’s GEIS for
wireless communication facilities.
This matter was adjourned to the next meeting.

3) Peter Castro

335 North Broadway

Alteration &amp; change of use -

John Hughes is an attorney representing this application along with traffic consultant,
Bernard Adler.
Bernard Adler gave an overview of his background and credentials.
APPROVED - Planning Board Meeting, June 21, 2007

2

�Bernard Adler submitted a traffic plan of the site. He presented a plan showing how cars
can properly maneuver around the site.
George Tanner stated that the concern is traffic flow not stationary conditions.
Bernard Adler responded that once a car completed their transaction, the vehicle would
be able to circulate around the site.
Bernard Adler also spoke about the number of trips between a service station business
and a convenience store. He stated that historically, the number of trips would be
reduced. He stated that most people will visit a convenience store when they get
gasoline.
Sean McCarthy asked about the access of the employee parking spaces.
Bernard Adler responded that the employees would arrive on site earl and leave late. He
stated that this scenario is used in schools and in many other places.
Sean McCarthy asked about the number of parking spaces required under the Zoning
Code.
John Lentini responded that 9 parking spaces are required. He stated that the proposed
plan is providing 10 spaces including one handicapped space.
There was an open discussion on whether this plan meets the Zoning Code.
Sean McCarthy stated that the parking plan needs to reflect the existing lighting poles and
relocated signs. He also stated that the required buffer zone needs to be accurately
reflected on the plan.
Gary Malunis stated that the proposed road is close to the entrance.
John Lentini responded that the proposed road is about 3-4 feet away.
George Tanner stated that vehicles traveling southbound will not use the proposed
parking layout as described.
Bernard Adler stated that parking spaces at the gasoline pumps are usually counted as
parking spaces.
It was decided that the applicant would revise the plans and return to the next meeting.
Dan Pennella requested that the applicant provide information regarding line of sight
issues on the site.
APPROVED - Planning Board Meeting, June 21, 2007

3

�This was adjourned to the next meeting.

4) L. Rodrigues Enterprises

172 Valley St

Preliminary Discussion -

Jon Turnquist is the project architect and is representing this application along with
owner Larry Rodrigues.
Jon Turnquist stated that the Waterfront Advisory Committee did not meet last month. He
stated that the FAR issues have been resolved.
Sean McCarthy asked about the access to the handicapped apartment.
Jon Turnquist responded that the apartment would be accessed thru the parking lot. The
apartment would be accessed from the balcony.
Sean McCarthy questioned the proposed method of accessing the handicapped apartment. He
also stated that a handicapped lane needs to be provided.
Dave Smith stated that a prior application presented a different lot size that what is now
presented.
Jon Turnquist responded that a recent survey provided the lot size data.
This was adjourned to the next meeting.
No action was taken.

5) Grotto Holding Corp

300 North Broadway

New office Bldg. -

David Barbuti is the architect presenting this application on behalf of the owners.
David Barbuti stated that the owner purchased this property and wants to move his
business to this location. He will also provide additional office space for other
professional offices.
Gary Malunis asked about the number of vans.
David Barbuti responded 5-6 trucks.
George Tanner stated that the proposed parking variance is going to be a huge obstacle
for the applicant to overcome.
David Barbuti stated that 23 spaces are required for the office space. He stated that the
lower level is listed as warehouse space. He stated that this space is only being used for
APPROVED - Planning Board Meeting, June 21, 2007

4

�parking.
George Tanner asked if the number of spaces would be reduced if the applicant were to
occupy the site exclusively.
Sean McCarthy responded that the parking is based on the size of the structure. He stated
that he has spoken to the owner about creating a use that would require a lesser amount of
parking spaces.
There was an open discussion on other viable parking alternatives.
David Perlmutter made a motion to declare the Planning Board as the Lead Agency under
SEQRA. George Tanner seconded. It was unanimous (6-0).

6) Marcelo Puglio

95 College Ave.

Alteration &amp; change of use -

Richard Blancato is the attorney representing this application on behalf of the owner.
Richard Blancato stated that the owner recently purchased the garage but he does not
want to use the property as a garage. He stated that the owner only wants to use the
property to store his construction vehicles overnight.
Sean McCarthy stated that a landscape plan is required. He also stated that the gravel
area is not adequate for the intended use.
Richard Blancato asked for a pubic hearing to be scheduled for the July meeting. He
stated that the owner purchased the property in May and wants to use the site.
George Tanner asked why the owner could not park cars inside the building.
Sean McCarthy responded that there is a significant amount of interior work required
before the building can be used.
George Tanner made a motion to schedule the public hearing for the next month under
the condition that all required documents and drawings are submitted to the Village 2weeks prior to the next meeting. David Perlmutter seconded. It was unanimous (6-0).
The applicant was also referred to the Waterfront Advisory Committee.

7) Fremont Pond

Wetlands issues–

The Chair stated that the Village entered into an agreement with the school district to use
5
APPROVED - Planning Board Meeting, June 21, 2007

�part of the area behind the athletic fields as a sediment basin to prevent silt from entering
the pond. He stated that the work might not be in conformance with the US Army Corps
of Engineers Nation-wide permit procedures.

8) Lighthouse Landing

Riverfront Development

Brownfield remediation

The Chair distributed a document summarizing the draft Findings of Fact.
The Chair summarized the document. He stated that the Findings do not properly address
the Pocantico River. He also stated that the Findings need to be clear in order to proceed
expeditiously with the site plan review.
George Tanner stated that the issues should be addressed at tonight’s meeting if possible
Parking George Tanner stated that the plan needs about 200 more parking spaces added into the
plan under the Village Code.
Jonathan Stein responded that the calculations do not include the 400 new on-street
parking spaces. He stated that the calculations are not included into the calculations
under the Village Code. He stated that the site has an excess of parking. He stated that
the on-street parking spaces would be dedicated to the Village.
George Tanner asked if the applicant has considered adding another level of parking onto
the parking deck.
Jonathan Stein responded that some of the buildings might be adjusted to add some
additional parking spaces. He stated that the costs for the additional parking deck are
expensive and would be visible from Beekman Avenue.
Nicholas Cicchetti asked if parking is proposed on the esplanade.
Jonathan Stein explained the proposed parking on the esplanade.
The Board agreed that the parking along the esplanade should be eliminated. The Board
also agreed that Building N should be eliminated.
The Chair asked if the public had any questions.
Pat Piereson (ARB-member) stated that the Building M should be reconfigured in order
to provide more waterfront access.
Jonathan Stein stated that several of the Village Board’s had comments on this matter. He
stated that Building M has been reconfigured to properly work with the other buildings in
the area.
APPROVED - Planning Board Meeting, June 21, 2007

6

�Traffic George Tanner stated that the proposed jitney service is not feasible. He stated that the
only feasible traffic solution would involve a large scale shuttle service. He asked about
straightening out River Road.
Dave Smith responded that the Village’s Traffic Engineer has reviewed the proposed
traffic patterns for entering and exiting the site. He stated that 20% of the traffic would
be traveling north on Route 9. He stated that signal timing adjustments and other traffic
patterns changes can help traffic flows.
George Tanner stated that Sleepy Hollow and Tarrytown need to resolve the potential
traffic issues now.
Jon Stein stated that he would participate in meetings between the municipalities.
There was an open discussion on having both Villages resolve the potential traffic
problems in the surrounding area.
The Board agreed that an inter-municipal agreement in needed.
George Tanner made a motion to urge the Village Trustees to set-up the inter-municipal
agreement. David Permlutter seconded. It was unanimous (6-0).
Flooding Jonathan Stein spoke about the Pocantico River. He spoke about the efforts involved in
bringing the Hudson River into the site. He stated that this would involve studying this
area over several years. He stated that the site allows a buffer on the esplanade for the
potential future studies on adding an estuary on the site.
George Tanner responded that funding sources should be sought by the applicant and the
Village.
The Chair spoke about the site storm water management. He stated that the site can be
properly engineered to handle the potential flood waters.
Jon Stein stated that the 100-year storm event is at an elevation of 7-feet. He stated that
the lowest location on the site is the Village garage at an elevation of 8-feet. He stated
that the site is designed so that the 100-year storm event is managed.
The Chair stated that the applicant needs to address the 100-year storm event.
There was an open discussion on what constitutes addressing the 100-yaar storm event.
APPROVED - Planning Board Meeting, June 21, 2007

7

�The Chair stated that both parcels need to address the 100-year event.
Jon Stein stated that Andy Tung would be better suited to address the storm water issues.
Trees The Chair stated that the Board wants the proposed trees to look like the proposed
drawings.
Jonathan Stein responded that the streets are elevated above the street level. He stated
that an arborist would be used to ensure that the trees survive. He stated that Roseland
has successfully developed many Brownfield sites in the past.
The Chair stated that there should be standards in the Brownfield remediation section
regarding trees. He expressed concerns about replacing trees and disturbing the clean fill.
He stated that the applicant needs to comply with the NYS Brownfield remediation Law.
Jonathan Stein agreed that Roseland would comply with the NYS Brownfields Law.
There was an open discussion with the public on bringing more commercial uses on the
waterfront area near Ichabod’s Landing.
The Board agreed that this discussion should be further investigated by the Village
Trustees.
The Chair asked for Village Land Use Counsel to clarify the Brownfield’s Law regarding
the growth of trees.
Design of Buildings and Roofs The Chair stated that based on the current configuration of the site, the residents of
Barnhardt Park and Beekman Avenue will be looking down upon at a urban area.
The Board agreed that the applicant should evaluate green roofs where feasible to
improve the views for other residents.
Construction Phases Jonathan Stein spoke about the proposed construction.
Nicholas Cicchetti asked about removing materials by rail.
Jonathan Stein responded that the Brownfield remediation Law requires the applicant to
remove 75% of the contaminated material by rail.
Energy efficiency The Chair stated that the development should be LEED Certified.
APPROVED - Planning Board Meeting, June 21, 2007

8

�Jon Stein responded that the applicant would try to implement energy efficiencies. He
stated that the development would meet the standards of Ichabod’s Lnading.
The Chair asked if there were any other issues that members wanted to add.
There were none.
The Chair asked if any members of the public wished to add anything.
Doug Maass stated that the Waterfront Advisory Committee supports the Board’s
comments and asks the Village Trustees to adopt the comments.
The Chair stated that the Village Trustees should either incorporate the Board’s
comments or find reasons to overrule the comments.
George Tanner stated that the Village Trustees need to understand that the Board and the
applicant have reached a consensus on several issues this evening.

9) Approval of January, March, April and May 2007 minutes The minutes for January and April will be reviewed at the next meeting.
Gary Malunis made a motion to approve the March 2007 meeting minutes as submitted.
Ed McCarthy seconded. It was unanimous (6-0).
Gary Malunis made a motion to approve the May 2007 meeting minutes as submitted. Ed
McCarthy seconded. It was unanimous (5-0) (Tanner abstained).

9) Annual Report David Perlmutter made a motion to adopt the annual report to the Village Trustees.
George Tanner seconded. It was unanimous (6-0)

Adjourned at 11:20 pm.

APPROVED - Planning Board Meeting, June 21, 2007

9

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING - APPROVED
May 17, 2007
The meeting was called to order at 8:00 pm by Nicholas Robinson, Chairman. The Chair
noted that a quorum was present.
Present:

David Perlmutter
Nicholas Robinson, Chairman
Gary Malunis
Nicholas Cicchetti

Absent:

George Tanner
Ed McCarthy

Also Present:

Sean McCarthy (Village Architect, Village of Sleepy Hollow)
Anthony DelVecchio (Recording Secretary)
Owen Wells (Saccardi &amp; Schiff/ Village Planner)
Dave Smith (Saccardi &amp; Schiff/ Village Planner)
Dan Pennella (Charles A. Manganaro/Village Engineer)
Joel Sachs (Keane &amp; Beane/Village Special Land-Use Counsel)

Announcements –
The Chair stated that if the Estate of Laurance Rockefeller requests an adjournment for
the next meeting, the applicant would have to re-noticed the public.

Proposed Agenda:
1) L. Rodrigues Enterprises
172 Valley St
Prelim. Discussion
2) Peter Castro
335 North Broadway
Change of Use
3) Nextel of NY
Andrews Ln/Elm St
Wireless Comms Facility
4) Lighthouse Landing
Riverfront Development
Brownfield remediation
5) Approval of the January, March and April 2007 meeting minutes

1) L. Rodrigues Enterprises

172 Valley St

Preliminary Discussion -

Irv Bosner is an attorney representing this application along with project architect Ron
Turnquist and owner Larry Rodrigues.
Irv Bosner gave an overview of the proposed project. He indicated that ample parking is
being provided. He also stated that each apartment is a duplex apartment with the
exception of the proposed handicapped apartment.

�Ron Turnquist spoke about the proposed building interior including the handicapped
accessible apartment. He gave a detailed explanation of the proposed office space to be
located on the Valley Street side of the property. He gave an overview of the each level
of the proposed structure.
Owen Wells stated that the total building floor-area might exceed the Village Zoning
Code.
Ron Turnquist responded that he will provide the floor-area calculations to the Building
Department.
David Perlmutter made a motion to declare that the Planning Board would be the Lead
Agency under SEQRA. Gary Malunis seconded. It was unanimous (4-0).
This application was referred to the Waterfront Advisory Committee for consistency
review.
2) Peter Castro

335 North Broadway

Change of Use -

Sean McCarthy stated that the applicant has requested an adjournment.
This was adjourned to the next meeting.

3) Nextel of NY

Andrews Ln/Elm St

Wireless Comms Facility -

There was nobody present on this application.
Sean McCarthy stated that Nextel is considering revising their application to reduce the
height of the proposed tower as well as proposing some site plan revisions.

4) Lighthouse Landing

Riverfront Development

Brownfield remediation

The Chair stated that the comment period has closed on the Brownfield remediation.
The Chair stated that a soil remediation plan provision could be included for an estuary
next to Kingsland Point Park. He stated that a separate sub-division could be created for
this purpose as well as a separate site plan.
The Chair stated that that areas adjacent to the GM site need to have flood waters
removed from the site. He stated that from the recent storm events, many of these areas
were underwater. He stated that the Village requires all developers to comply with the
APPROVED - Planning Board Meeting, May 17, 2007

2

�100-year storm event.
The Board unanimously agreed that the applicant should design the storm water
management system for the 100-year storm event.
The Chair stated also stated that all utilities need to be protected from any of the
contaminated fill on-site. He stated that the proposed storm system will have to also
follow the same utility standards regarding protection from the contaminated soil.
The Chair stated that the proposed traffic mitigation should be evaluated further. He
stated that the Village traffic consultants need to provide some traffic alternatives.
The Chair stated that the Board needs to provide comments to the Trustees.
Nicholas Cicchetti responded that the Trustees are going to approve the Findings
Statement soon. He stated that the site plan review will not include density, traffic and
other matters.
The Board will provide recommendations to the Village Trustees at the next meeting.

5) Approval of January, March and April 2007 minutes The minutes will be reviewed at the next meeting.

Adjourned at 8:29 pm.

APPROVED - Planning Board Meeting, May 17, 2007

3

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING - APPROVED
November 15, 2007
The meeting was called to order at 8:00 pm by Nicholas Robinson, Chairman. The Chair
noted that a quorum was present.
Present:

Nicholas Robinson, Chairman
David Perlmutter
Nicholas Cicchetti
Ed McCarthy
Gary Malunis

Absent:

George Tanner

Also Present:

Sean McCarthy (Village Architect, Village of Sleepy Hollow)
Anthony DelVecchio (Recording Secretary)
Owen Wells (Saccardi &amp; Schiff/ Village Planner)
Donato Pennella (Charles A. Manganaro/Village Engineer)
Nick Ward-Willis (Keane &amp; Beane/Village Special Land-Use Counsel)

Announcements –
None.
Proposed Agenda:
1) Nextel
Andrews Lane &amp; Elm St
Wireless Comm Facility
2) L. Rodrigues Enterprises
172 Valley St
Public Hearing
3) Peter Castro
335 North Broadway
Alterations &amp; change of use
4) Julio Zhingri
290 North Washington St New parking lot
5) George Samaras
76 Chestnut Street
Parking lot for 175 Valley St
6) Karl Dibble
309-313 North Broadway Presentation
7) David Rockefeller
Bedford Road
Proposed sub-division
8) Peter Grotto
300 North Broadway
Discussion
9) Fremont Pond
Peabody Field
Forebay Construction
10) Lighthouse Landing
Riverfront Development
Brownfield remediation
11) Approval of the January and September 2007 meeting minutes
12) Thomas &amp; Jane Phipps
22 Farrington Ave
Subdivision
13) Other
The agenda was unanimously adopted (5-0).
1) Nextel

Andrews Lane &amp; Elm St

This is a continuation from previous meetings.

Wireless Comm Facility -

�The Chair stated that the Board wants to plan a public site visit. It was agreed that the
site visit would take place on Saturday, November 17, 2007 at 9am.
Gary Malunis made a motion to hold a work session at the proposed Nextel site on
November 17, 2007. David Perlmutter seconded. It was unanimous (5-0).
This was adjourned to the next meeting.

2) L. Rodrigues Enterprises

172 Valley St

Public Hearing -

This is a continuation from previous meetings.
Sean McCarthy stated that the Village had received a letter from the applicant dated
November 15, 2007. He stated that the letter is in response to a memo from the Village
listing several required items that have still not been addressed by the applicant. He
stated that the applicant has requested more time to properly address these outstanding
items
The Chair opened the public hearing.
Since there were no public comments, David Perlmutter made a motion to adjourn the
public hearing to the next meeting. He also noted that the architect needs to be notified
that the Board wants these items addressed by the next meeting or the matter will be
stricken from the agenda. Ed McCarthy seconded. It was unanimous (5-0).

3) Peter Castro

335 North Broadway

Alterations &amp; change of use -

This is a continuation from previous meetings.
David Perlmutter made a motion to open the public hearing. Gary Malunis seconded. It
was unanimous (5-0).
John Lentini is the project architect and is representing this application along with the
owners.
John Lentini summarized the application to date. He stated that the Zoning Board
approved the application with modifications. He reviewed the parking and traffic plans
and conditions. He reviewed the ZBA’s conditional approval (below).
1) maintain the landscaping buffer
2) provide the parking arrangement with permanent stripping. He stated that
APPROVED - Planning Board Meeting, November 15, 2007

2

�parking spaces #8 and #9 were relocated to the fueling pumps
3) referred to the Planning Board for site plan approval
The Chair asked if the Village consultants had any questions.
Sean McCarthy stated that the applicant has made an application to the ARB. He stated
that there are currently no other issues.
The Chair asked if the Board had any questions.
There were none.
The Chair opened the public hearing.
Since there were no public comments, Nicholas Cicchetti made a motion to close the
public hearing. David Perlmutter seconded. It was unanimous (5-0).
Owen Wells read the draft Resolution aloud.
Nicholas Cicchetti made a motion to adopt the Resolution granting site plan approval.
David Perlmutter seconded. It was unanimous (5-0).

4) Julio Zhingri

290 North Washington St

New parking lot -

This is a continuation from previous meetings.
The Chair asked if proof of the mailings had been received.
Sean McCarthy responded yes.
Gary Malunis made a motion to open the public hearing. David Perlmutter seconded. It
was unanimous (5-0).
Julio Zhingri is the owner and is representing this application.
Sean McCarthy stated that this was a violation issue. He stated that the owner was
constructing a retaining wall and paving his driveway without the necessary approvals.
He stated that his engineer is currently working on the site drainage plans but the plans
are not completed yet.
Karl Dibble (315 North Broadway) asked who was designing the drywell system.
The Chair responded that the applicant has a private engineer designing the drywell
system.
APPROVED - Planning Board Meeting, November 15, 2007

3

�Don Catano (135 Lawrence Avenue) stated that there is a current issue in the area with
storm water.
Kosta Lumas (47 Lawrence Avenue) stated that the proposed retaining wall sits on top of
his retaining wall. He stated that the elevation distance creates a pooling effect that is
beginning to damage his retaining wall. He stated that since a site plan is not complete a
public hearing should not have been scheduled.
There was an open discussion on the completeness of the application and the public
hearing. The Chair stated that the Village staff was familiar with the application and that
the staff had advised the Board that the application was complete for the purposes of
conducting a public hearing.
Gary Malunis made a motion to adjourn the public hearing to the next meeting. David
Perlmutter seconded. It was unanimous (5-0).
The Chair stated that the applicant’s engineer should meet with the Building Inspector so
that the outstanding issues can be addressed.
The public hearing was adjourned to the next meeting.

5) George Samaras

76 Chestnut Street

Parking Lot–

This is a continuation from previous meetings.
Joseph Paiva is the project architect and is representing this application along with the
owner.
Joseph Paiva summarized the findings of the Waterfront Advisory Committee.
Sean McCarthy stated that the Waterfront Advisory Committee found the application to
be consistent with the LWRP.
David Perlmutter made a motion to schedule the public hearing for the next meeting.
Gary Malunis seconded. It was unanimous (5-0).

6) Karl Dibble

309-313 North Broadway

Presentation -

This is a continuation from the last meeting.
APPROVED - Planning Board Meeting, November 15, 2007

4

�The Chair asked if the Village consultants had any comments on the revised site plans.
Owen Wells responded that there are some minor changes to the previously approved plans.
Dan Pennella stated that he has not had much time to review the plans. He stated that a
site visit might be required.
Sean McCarthy stated that the applicant wants to incorporate all of the changes into a
master plan.
There was an open discussion on whether this property is operating as a retail business.
Karl Dibble stated that the proposed retail office would be moved to the existing office
next door. He also wants to change the entrance gates from sliding to swing. He also
stated that the “No Left Turn” sign will also be relocated. He stated that the property is a
retail business. He stated that his business is open to the public.
There was an open discussion on whether to schedule a public hearing for the next
meeting.
Gary Malunis made a motion to schedule a public hearing for the next meeting. Nicholas
Cicchetti seconded. It was unanimous (5-0).

7) David Rockefeller

Bedford Road

Proposed sub-division

Andy Tung is representing this application on behalf of the owners.
Andy Tung gave an overview of the proposed sub-division. He described the existing
parcel. He stated that there are 2 lots proposed in the sub-division. He stated that the
remaining property will be transferred to the NYS Land Trust. He presented a subdivision plan that showed how the parcels would be divided.
David Perlmutter stated that the owner should present proof that the remainder of this
parcel is going to be transferred to the NYS Land Trust. He stated that if there are any
future sub-divisions planned, the Board should be made aware of it now.
Owen Wells asked about the proposed grade changes.
Andy Tung spoke about the slope changes on Bedford Road and how the proposed
entrances are located on Sleepy Hollow Road.
Gary Malunis made a motion to declare the Planning Board the Lead Agency under
SEQRA. David Perlmutter seconded. It was unanimous (5-0).
APPROVED - Planning Board Meeting, November 15, 2007

5

�Gary Malunis made a motion to refer this application to the Waterfront Advisory
Committee. David Perlmutter seconded. It was unanimous (5-0).
8) Peter Grotto
300 North Broadway
Discussion Nobody was present for this application.
Sean McCarthy stated that this application is before the Zoning Board for the necessary
variances.
No action was taken.

9) Fremont Pond

Peabody Field

Wetlands issues –

The Chair reviewed the status of the Fremont Pond matter.
Sean McCarthy stated that he has not received any new information on the outstanding
items.
The Chair stated that the Village Administrator and Village Department of Public Works
should submit an application and also present a remediation plan to the Board as to how
they plan on protecting the wetlands.

10) Lighthouse Landing

Riverfront Development

Special Permit -

The Chair stated that the Village Trustees will soon act on the Lighthouse Landing
application. He stated that there are some issues that are of interest to the Board that
should be clarified.
The Board agreed that the area alongside the Pocantico River should be developed
appropriately as to preserve the historic interpretation of the site.
The Board agreed that there should be a recommendation to the Village Trustees that the
archeological assets at the area along Continental Street be further investigated. He
stated that a Phase II Environmental Review should be performed to preserve the
archeological assets in the area.
The Chair stated that he has contacted Metro North regarding installing a drainage pipe
under the Metro-North tracks. He stated that Metro-North responded that a pipe can be
installed using a method called pipe-jacking.
APPROVED - Planning Board Meeting, November 15, 2007

6

�The Board agreed that a recommendation be made to the Village Trustees about restoring
the estuary along Kingsland Point Park. The Board agreed that this area can be set aside
as a separate sub-division and that another group could develop the estuary.
The Board agreed that the road along side the railroad tracks should be constructed
during Phase I of the construction. The Chair stated that the access road would allow the
bath houses to be restored thru the monies donated by Scenic Hudson.
The Board agreed that the site of new DPW garage on Continental Street is proposed to
be constructed in the final phase. The Board agreed that the new DPW garage should be
constructed during Phase II of construction.
The Board continued their previous discussions on a comprehensive transportation
system. They recommended a jitney service as well as continuing intergovernmental
traffic discussions with Tarrytown.
Gary Malunis stated that a site visit should be scheduled soon.
The Board agreed that a site inspection would be scheduled to take place after the
scheduled Nextel site visit this Saturday, November 17, 2007.
The Board agreed that an inter-municipal overlay zone be recommended to the Village
Trustees. This would involve having the Village work with the other interested agencies
to develop a comprehensive solution to minimize flood conditions in the Pocantico River
watershed by creating retention basins upstream of the region.
There were no further recommendations from the Board.

11) Approval of minutes for January and October 2007–
The minutes for the January 18, 2007 will be reviewed at the next meeting.
Gary Malunis made a motion to approve the October 18, 2007 minutes as submitted.
Nicholas Cicchetti seconded. It was unanimous (4-0). Perlmutter absent.

12) Thomas &amp; Jane Phipps

22 Farrington Ave

Subdivision -

Jana and Thomas Phipps are the owners and are representing this application.
The Chair stated that this application is a lot line adjustment between two adjacent
property owners.
APPROVED - Planning Board Meeting, November 15, 2007

7

�The Chair asked if proof of the mailings had been received by the Village.
Jana Phipps left the meeting to retrieve the mailing receipts.
It was agreed that the public hearing can be held as long as the applicant can provide this
proof before the end of the meeting.
Gary Malunis made a motion to open the public hearing. Nicholas Cicchetti seconded. It
was unanimous (4-0) Perlmutter absent.
Thomas Phipps stated that he is selling a small part of his backyard to his rear neighbor
so that his neighbor can expand his garden.
Mario Bellanich (152 Washington Street) asked about the size of the property.
Thomas Phipps stated the parcel is only an 8-foot wide parcel. He stated that both
properties comply with the Village zoning code.
Gary Malunis stated that the Resolution should include language prohibiting any further
sub-divisions of the property for the purpose of creating an additional building lot.
Since there were no further public comments, Gary Malunis made a motion to close the
public hearing. Ed McCarthy seconded. It was unanimous (4-0). Perlmutter absent.
The Chair read the draft Resolution aloud for the record.
Jana Phipps provided proof of mailings to the Board.
Sean McCarthy and Nick Ward-Willis verified that all of the proof of mailings had been
received.
Gary Malunis made a motion to adopt the Resolution. Ed McCarthy seconded. It was
unanimous (4-0). Perlmutter absent.

13) Other –
The Board agreed to send well wishes to George Tanner.

Adjourned at 9:25 PM

APPROVED - Planning Board Meeting, November 15, 2007

8

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING - APPROVED
October 18, 2007
The meeting was called to order at 8:05 pm by Nicholas Robinson, Chairman. The Chair
noted that a quorum was present.
Present:

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

Absent:

None

Also Present:

Sean McCarthy (Village Architect, Village of Sleepy Hollow)
Anthony DelVecchio (Recording Secretary)
Owen Wells (Saccardi &amp; Schiff/ Village Planner)
Donato Pennella (Charles A. Manganaro/Village Engineer)
Nick Ward-Willis (Keane &amp; Beane/Village Special Land-Use Counsel)
Mike Musso (LMS Engineers/Village Communication consultant)

Announcements –
None.

Proposed Agenda:
1) Nextel
Andrews Lane &amp; Elm St
Wireless Comm Facility
2) L. Rodrigues Enterprises
172 Valley St
Public Hearing
3) Peter Castro
335 North Broadway
Alterations &amp; change of use
4) Julio Zhingri
290 North Washington St New parking lot
5) George Samaras
76 Chestnut Street
Parking lot for 175 Valley St
6) Thomas &amp; Jane Phipps
22 Farrington Ave
Subdivision
7) Peter Grotto
300 North Broadway
Discussion
8) Code Enforcement
9) Lighthouse Landing
Riverfront Development
Brownfield remediation
10) Approval of the January and September 2007 meeting minutes
11) Fremont Pond
Peabody Field
Forebay Construction
The agenda was unanimously adopted (6-0).

�1) Nextel

Andrews Lane &amp; Elm St

Wireless Comm Facility -

This is a continuation from previous meetings.
David Perlmutter made a motion to re-open the public hearing. George Tanner seconded.
It was unanimous (6-0).
Robert Gaudioso is representing this application on behalf of the applicant.
Robert Gaudioso stated that soil borings have been performed at the site. He stated that a
standard foundation can be used. He also stated that he spoke to St .Theresa’s church and
that St. Theresa’s church has re-stated that the Archdiocese will not permit Nextel to
install an antenna on the roof.
Dan Pennella stated that the soil borings show that a supporting foundation can be
installed at the site. He stated that the foundation will be reviewed prior to granting a
building permit.
Mike Musso stated that there he has no comments on the revised report.
Sean McCarthy asked about the slope of the property and its associated stabilization.
Dan Pennella responded that the stabilization of the slope needs to be addressed in the
final design plan.
The Chair stated that the Board had received a letter from James Capossela stating that
the antenna should be moved to an alternative site.
Irene Amato (President Sleepy Hollow Seniors) stated that the Sleepy Hollow Seniors are
opposed to the tower being installed at this site.
Robert Gaudioso stated that many alternatives have been addressed by the applicant.
Mary Ann Hogan (95 Beekman Ave) asked if the Board had received the petition from
the Sleepy Hollow Seniors regarding the aesthetics of the site.
The Chair acknowledged receiving the petition.
Mary Ann Hogan stated that the Village has a choice as to where this antenna can be
installed. She stated that the seniors are concerned about the aesthetical impacts. She
stated that the antenna can be relocated to another area in the community.
Josephine Galgano (53 Gory Brook Road) asked if the public should go back to the
Village Trustees about the location. She stated that many seniors will not go to the new
APPROVED - Planning Board Meeting, October 18, 2007

2

�senior center if an antenna is installed so close to the senior center.
The Chair stated that the location was provided by the Village Trustees. He stated that
the Planning Board is only able to comment on the aesthetics.
Mario Bellanich (153 North Washington Street) asked if the applicant evaluated
installing the antenna in the Sleepy Hollow cemetery or in Douglas Park.
Robert Gaudioso responded that Douglas Park is not in the GEIS. He also stated that
Douglas Park is dedicated park land cannot be used for this purpose. He stated that the
cemetery is not a feasible location since it is close to an existing Nextel location at Phelps
Hospital.
Mario Bellanich asked if the applicant evaluated County House Road as an alternative
site.
Robert Gaudioso responded that the applicant is proposing that the antenna be installed
on an approved location in the GEIS. He stated that 95 Beekman Ave was also an
acceptable site but was denied by the Village.
Mario Bellanich asked if a contract was already signed with the Village and Nextel.
Robert Gaudioso responded that the applicant had to enter into an agreement in order to
submit the application.
Edna Bellanich (153 North Washington Street) stated that the Village Trustees will not
listen to the public. She asked what alternatives are available to Village residents.
The Chair stated that the residents have a first amendment right to petition the elected
officials.
Edna Bellanich asked if other Village owned sites were available.
Robert Gaudioso responded that Village Hall was evaluated but the Village denied the
request.
The Chair stated that the Planning Board created a GEIS to provide guidance as to where
these wireless facilities can be erected.
Mary Ann Hogan asked which Board will make the final decision as to where this facility
will be installed.
The Chair stated that the Planning Board will have the approval authority regarding if the
flagpole will be installed at this site. He stated that the Village Trustees have the ultimate
authority.
David Perlmutter made a motion to close the public hearing. George Tanner seconded.
It was unanimous (6-0).

APPROVED - Planning Board Meeting, October 18, 2007

3

�2) L. Rodrigues Enterprises

172 Valley St

Public Hearing -

Larry Rodrigues is the owner and is representing this application.
The Chair asked if the proof of mailings have been received.
Sean McCarthy responded yes.
George Tanner made a motion to open the public hearing. Gary Malunis seconded. It
was unanimous (6-0).
Larry Rodrigues stated that his architect cannot attend the meeting this evening. He
requested that the Board approve his application this evening.
The Chair asked the Village consultants if there are any comments.
Sean McCarthy stated that all of the required documentation has not been received. He
stated that he prepared a memo listing the deficiencies and outstanding items. He stated
that if the items are not resolved, the application can change significantly. He stated that
there are issues regarding parking
David Perlmutter asked if the items are significant.
Sean McCarthy responded that the items can be addressed.
Nick Ward-Willis cautioned the Board not to close the public hearing since the Board
will have 62 days to make a decision on the application once the hearing is closed.
Sean McCarthy stated that the applicant can appear before the ARB while the additional
information is outstanding.
The Board adjourned the public hearing.
David Perlmutter made a motion to refer the applicant to the ARB. Tanner seconded. It
was unanimous (6-0).
3) Peter Castro

335 North Broadway

Alterations &amp; change of use -

John Lentini is the project architect and is representing this application along with the
owners.
John Lentini summarized the application to date. He stated that the Zoning Board
approved the application with a modification. He reviewed the parking and traffic plans
and conditions. He reviewed the ZBA’s conditional approval.
APPROVED - Planning Board Meeting, October 18, 2007

4

�1) maintain the landscaping buffer
2) provide the parking arrangement with permanent stripping. He stated that
parking spaces #8 and #9 were relocated to the fueling pumps
3) referred to the Planning Board for site plan approval
Sean McCarthy stated that the parking spaces under the fueling canopy were allowed to
make the traffic flow safer.
Owen Wells asked if the parking spaces were re-configured to make any parking
improvements.
John Lentini responded that the spaces were all moved over ½ space to make more room
for maneuvering.
The Chair asked about the site storm water.
Dan Pennella responded that the site is not changing so the storm water management
system is not being altered.
The Chair asked if the Board had any comments.
George Tanner stated that he is still concerned with parking. He stated that there are
many other convenience stores that are operating illegally.
The Chair stated that the applicant should appear before the ARB while the public
hearing is on-going.
George Tanner made a motion to schedule the public hearing for the next meeting. Gary
Malunis seconded. It was unanimous (6-0).

4) Julio Zhingri

290 North Washington St

New parking lot -

This is a continuation from previous meetings.
Julio Zhingri is the owner and is representing this application.
Sean McCarthy stated that the application was found to be consistent with the LWRP.
He stated that the parking lot needs to be properly lit, stripped and landscaped. He stated
that the applicant needs to properly address the retaining wall at the rear of the property.
The Chair asked about the property drainage.
Sean McCarthy stated that the applicant needs to install dry wells on the site.
APPROVED - Planning Board Meeting, October 18, 2007

5

�Gary Malunis made a motion to schedule a public hearing for the next meeting. George
Tanner seconded. It was unanimous (6-0).

5) George Samaras

76 Chestnut Street

Parking Lot–

Joseph Paiva is the project architect and is representing this application along with the
owner.
Joseph Paiva stated that the applicant owns a parking lot adjacent to the restaurant. He
stated that the application proposed to utilize the parking lot for off-site parking. He
reviewed the storm water management system. He stated that the restaurant interior will
be modified to increase the interior seating. He stated that 17 parking spaces will be
required.
The Chair asked if there were any questions.
Sean McCarthy stated that this application originally proposed several townhouses on the
site. He stated that the plan has been revised to provide parking for the restaurant.
Owen Wells asked about the path from the parking lot to the restaurant.
Joseph Paiva responded that the applicant is considering installing a dedicated path.
George Tanner asked if enough parking is being provided based on the proposed seating
expansion.
Sean McCarthy responded yes.
The Chair asked if the WAC had reviewed the revised application
Sean McCarthy responded no.
The Chair stated that the applicant should appear before the WAC.
David Perlmutter made a motion to declare itself the Lead Agency as well as refer the
application to the WAC. George Tanner seconded. It was unanimous (6-0).

6) Thomas &amp; Jane Phipps 22 Farrington Ave

Subdivision -

Jane and Thomas Phipps are the owners and are representing this application.
Jane Phipps stated that the application proposed to relocate the lot lines of their property.
She stated that the neighbors are interested in purchasing the realigned property for the
purpose of increasing their rear yard.
6
APPROVED - Planning Board Meeting, October 18, 2007

�The Chair asked if there were any questions.
Sean McCarthy stated that the Floor-Area-Ratio (FAR) needs to be verified to ensure
compliance with the Village Zoning Code.
Nick Ward Willis stated that the rear yard neighbors (Jacobsen’s) should be made coapplicants since their property boundaries will be changing as well.
The Chair stated that the Jacobsen’s should submit a letter to request that they be named
co-applicants.
The Chair stated that the applicant should appear before the WAC. He stated that the
public hearing should also be scheduled.
Nicholas Cicchetti made a motion to refer the application to the WAC and to schedule a
public hearing or the next meeting. George Tanner seconded. It was unanimous (6-0).
George Tanner made a motion to declare itself the Lead Agency. Nicholas Cicchetti
seconded. It was unanimous (6-0).

7) Peter Grotto

300 North Broadway

Discussion -

Greg Kazinski is an attorney representing the applicant along with David Berbuti.
Greg Kazinski stated that the applicant would like to schedule the public hearing for the
next meeting.
David Berbuti stated that the ARB is in agreement with the massing of the application.
He reviewed the proposed parking plan. He stated that the application is still missing 7
parking spaces. He stated that the applicant is going to seek a zoning variance for the 7
parking spaces.
The Chair asked about the location of the front entrance.
David Berbuti noted the location of the proposed front entrance.
David Berbuti reviewed the required parking spaces.
The Chair stated that the Board would like to carry this item to the next meeting and hear
the feedback of the ZBA.
Greg Kazinski stated that the applicant would like to schedule the public hearing for the
next meeting.
APPROVED - Planning Board Meeting, October 18, 2007

7

�George Tanner stated that the public should not be scheduled until after the ZBA has
made a decision.
David Perlmutter stated that the property should be cleaned up.
The Chair polled the Board to see if a public hearing should be scheduled for the next
meeting or for the December meeting after reviewing the feedback from the ZBA.
Malunis – December
Tanner – December
Perlmutter – December
Cicchetti – December
George Tanner made a motion to carry the application to the next meeting. Gary Malunis
seconded. It was unanimous (6-0).
8) Code Enforcement Issues a) Karl Dibble
Sean McCarthy stated that there are several deviations from the approved plans. He
stated that the proposed office has not been constructed. He stated that the site plan
needs to be amended.
The Chair asked if the 2 parcels have been combined.
Nick Ward-Willis responded yes.
Karl Dibble stated that the proposed office was too small to construct. He stated that the
existing office will be utilized for the retail space. He stated that the swing gates were
installed instead of the sliding gates. He stated that the culvert was repaired. He asked if
the site plan can be amended.
David Perlmutter stated that the application was for a retail establishment. He stated that
the property is in violation.
The Chair stated that the applicant needs to file an amended application.
Sean McCarthy stated that the removal of the proposed office needs to be noted on the
site plan.
The Chair asked if there are any other code violations at this site.
Sean McCarthy responded that he would investigate all violations.
b) Getty gas station APPROVED - Planning Board Meeting, October 18, 2007

8

�Sean McCarthy stated that the owner had been given approval to make some site
improvements. He stated that these improvements have not been completed. He stated
that the required parking is currently being leased to outside individuals. He stated that
the owner is preparing to make an application to the Board.
George Tanner stated that a cease and assist should be enforced on this property.
c) Other George Tanner stated that the Tornello gas station is also in violation. He stated that
there are illegal signs installed on this property.

9) Lighthouse Landing

Riverfront Development

Brownfield Remediation -

The Chair stated that the Brownfield clean-up has started. He stated that the work will be
completed within 2-3 weeks. He stated that the material is leaving the site by rail. He
stated that there is a dust-suppression system. He stated that the Board needs to visit the
site in order to inspect the Brownfield’s clean-up and get an understanding of the sitewide remedial measures.
It was agreed that the inspection will take place on a Saturday morning in the coming
weeks.
The Chair stated that the site noise is an issue. He stated that the Village needs to address
the inadequacies in the Village Code regarding decibel levels. He stated that decibel
level recommendations should be prepared and given to the Village Trustees.
David Perlmutter made a recommendation to the Village Trustees to address the decibel
levels in the special use permit. George Tanner seconded. It was unanimous (6-0).
The Chair spoke about the statue of limitations regarding issuing a lawsuit with regards to
SEQRA. He summarized the legal actions between Sleepy Hollow and Tarrytown
regarding the traffic findings. The Chair stated that a transportation committee should be
created for evaluating the traffic concerns on the site.

10) Approval of minutes –
The minutes for the January 18, 2007 will be reviewed at the next meeting.
George Tanner made a motion to approve the September 20, 2007 minutes as submitted.
APPROVED - Planning Board Meeting, October 18, 2007

9

�David Perlmutter seconded. It was unanimous (6-0).

11) Fremont Pond

Peabody Field

Wetlands issues –

The Chair stated that Dolph Rotfield is in the process of preparing amended plans for
submission to the US Army Corps of Engineers (USACE). He stated that Dolph Rotfield
is preparing an as-built plan for review. He stated that if USACE issues a Nationwide
permit, the Village still needs wetlands permit from the Planning Board. He stated that
the Board needs to review the plan to ratify what was done.

Adjourned at 9:48 PM

APPROVED - Planning Board Meeting, October 18, 2007

10

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