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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING
January 17, 2008
The meeting was called to order at 8:07 pm by Nicholas Robinson, Chairman. The Chair
noted that a quorum was present.
Present:

David Perlmutter
Nicholas Robinson, Chairman
George Tanner
Gary Malunis

Absent:

Nicholas Cicchetti
Ed McCarthy

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 –
Mayor Zegarelli swore in all members of the Board who were present.
David Perlmutter made a motion to elect Nicholas Robinson as Chairman. George
Tanner seconded. It was unanimous (4-0).

Proposed Agenda:
1) L. Rodrigues Enterprises
172 Valley St
Continued public hearing
2) Julio Zhingri
290 North Washington St New parking lot
3) George Samaras
76 Chestnut Street
Parking lot for 175 Valley St
4) David Rockefeller
Bedford Road
Sub-division
5) Peter Grotto
300 North Broadway
Proposed office use
6) Fremont Pond
Peabody Field
Update
7) Lighthouse Landing
Riverfront Development
Discussion
8) Approval of the January, November and December 2007 meeting minutes
The agenda was unanimously adopted (6-0).

1) L. Rodrigues Enterprises

172 Valley St

Continued public hearing -

�This is a continuation from previous meetings.
The applicant requested an adjournment.
David Perlmutter asked if there was a meeting with the project architect and Building
Inspector.
Sean McCarthy responded that the meeting had not been set-up yet.
This item was adjourned to the next meeting.

2) 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 applicant has hired a new engineer. He stated that the
applicant has requested more time to have his new engineer prepare the required
documents.
This was adjourned to the next meeting.

3) George Samaras

76 Chestnut Street

Parking Lot–

Joe Paiva is the project architect and is representing this application along with owner
George Samaras.
Joe Paiva gave an overview of the proposed parking lot and proposed walkway.
Donato Pennella stated that most of the questions have been answered. He stated that
more information is still needed. He stated that specific details are needed on the
retaining wall. He stated that the outstanding items could be addressed in the final design
drawings.
Owen Wells asked the applicant to explain the proposed valet system.
Joe Paiva responded that the parking will serve the existing dwelling units and the
remainder of the parking will service the restaurant. He stated that the walkway would
only be used for the valet parking personnel.
Sean McCarthy asked if the parking lot could be used for the neighborhood when the
Planning Board Meeting, January 17, 2008

2

�restaurant is not in operation.
George Tanner stated that the parking enforcement would be a burden on the property
owner.
The Chair opened the public hearing.
Since there were no public comments, George Tanner made a motion to close the public
hearing. David Perlmutter seconded. It was unanimous (4-0).
This was adjourned to the next meeting.

4) David Rockefeller

Bedford Road

Sub-division-

Andy Tung is representing this application along with James Ford.
The Chair asked if the proof of mailings were received.
Sean McCarthy responded yes.
Andy Tung gave an overview of the proposed site plan. He described the sub-division.
He stated that 2 lots would be created as a result of the sub-division. He stated that the
remainder of the property would be transferred to the Rockefeller State Park Preserve.
He submitted a plan showing a potential development of these 2 lots and the possible
structures that could be built on them.
George Tanner asked about any future sub-divisions.
Andy Tung responded that the transfer of property is still under negotiations with the
State Park Preserve. He stated that there are no plans to further develop any of the
property in this application.
The Chair asked if the Board had any questions.
There were none.
The Chair opened the public hearing.
The Chair asked if the Village consultants had any questions.
Sean McCarthy asked about the height of any retaining walls on the 2 building lots.
Andy Tung responded that the possible driveways are on a 5-10% slope.
Donato Pennella stated that the town has an easement to service a sewer line running on
the site. He stated that the Town Water &amp; Sewer department would like the sewer
easement to be expanded from 10-feet to 20-feet.
Planning Board Meeting, January 17, 2008

3

�Andy Tung responded that the sewer easement is currently accessed from below. He
stated that the additional 10-feet of easement would not make access to the sewer line
easier.
Ann Petri (73 Sleepy Hollow Road) stated that the proposed road is opposite to her home.
She stated that when it rains hard, water flows off of the site and onto her property. She
stated that the plans show a proposed barn. She expressed concerns about the possible
development of the sites.
Pete Dunnigan (75 Sleepy Hollow Road) also expressed concerns with the development
of the site.
Mike Levy (77 Sleepy Hollow Road) stated that he is concerned with drainage coming
off of the site. He also asked about the ownership of the existing houses on the property.
Andy Tung responded that the proposed houses on the site plan are only presented to
show what could possibly be built on the site. He also stated that the site plan includes
installing several dry wells to properly contain the site storm water.
The Chair asked about the storm drain on Sleepy Hollow Road.
Sean McCarthy stated that there might be some small catch basins opposite to the road.
James Ford stated that the existing houses are still under consideration. He stated that the
houses would have resources associated with them for maintenance.
The Chair summarized the proposed sub-division for the public. He stated that the 2
developable lots will keep some tax revenue coming into the Village while the remainder
of the property is donated to the State Park Preserve.
Gary Malunis made a motion to close the public hearing. George Tanner seconded. It
was unanimous (4-0).
Sean McCarthy stated that based on the steep slopes on lot #3, would it make sense to
increase the size of lot #3 and reduce the size of lot #2 so that some of the slopes would
be preserved to help reduce site runoff.
Andy Tung responded that the lots were set-up so that a non-conforming lot would not be
created.
The Chair stated that the next steps are for the Village to prepare a Resolution to approve
the sub-division only. He stated that any development on these sites will have to reappear before the Board. He briefly reviewed the development process in the Village.
Planning Board Meeting, January 17, 2008

4

�This was adjourned to the next meeting.
5) Grotto Holding Corp
300 North Broadway

Proposed office use

The Chair stated that the application was denied by the ZBA.
Sean McCarthy stated that the applicant was advised that the Planning Board application
continue to determine what work can be done on the site.
George Tanner stated that the interior of the building has already been illegally subdivided.
Sean McCarthy reviewed the work permits that were issued by the Building Department.
There was an open discussion on what actions will be taken by the Village.

David Perlmutter stated that the property across the street is operating against its
approval. He also stated that there are several other properties on Route 9 operating
illegally.
Sean McCarthy responded that the Dibble property is currently not operating and is not in
violation.
George Tanner stated that a gas station on Route 9 selling is selling propane in an
unsecured cage-type shed.
Sean McCarthy provided an overview of his department’s response to the outstanding
issues at this property.

6) Fremont Pond

Wetlands issues

Update

Nick Ward-Willis stated that he spoke to Dolph Rotfield about the status of the
application to the US Army Corps of Engineers. He stated that Dolph Rotfield will
follow-up on a weekly basis until the matter is resolved.
The Chair stated that the Village needs to apply to the Board for a wetlands permit to
correct this violation.
Nick Ward-Willis will follow-up with the Village Administrator.

7) Lighthouse Landing

Riverfront Development

Discussion

The Chair stated that the GM application is still pending. He stated that the Board has
Planning Board Meeting, January 17, 2008

5

�already submitted comments to the Village Trustees on the proposed special permit.
8) Approval of minutes –
The minutes for January, November and December will be reviewed at the next meeting.
The Board adjourned the meeting to enter into executive session to discuss matters of
litigation.
Adjourned at 9:05 PM

Planning Board Meeting, January 17, 2008

6

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING
February 21, 2008
The meeting was called to order at 8:07 pm by Nicholas Robinson, Chairman. The Chair
noted that a quorum was present.
Present:

Nicholas Cicchetti
Nicholas Robinson, Chairman
George Tanner
Gary Malunis

Absent:

Ed McCarthy
David Perlmutter

Also Present:

Dave Smith (Saccardi &amp; Schiff/ Village Planner)
Anthony DelVecchio (Recording Secretary)
Owen Wells (Saccardi &amp; Schiff/ Village Planner)
Dan Pennella (Charles A. Manganaro/Village Engineer)
Amanda Kandel (Keane &amp; Beane/Village Special Land-Use Counsel)

Announcements –
None.

Proposed Agenda:
1) L. Rodrigues Enterprises
172 Valley St
2) Julio Zhingri
290 North Washington St
3) David Rockefeller
Bedford Rd/Sleepy Hollow
4) Peter Grotto
300 North Broadway
5) George Samaras
76 Chestnut Street
6) Fremont Pond
Peabody Field
7) Approval of meeting minutes

New mixed use building
New parking lot
Subdivision
Discussion
Parking lot for 175 Valley St
Forebay Construction

The agenda was unanimously adopted (4-0).
1) L. Rodrigues Enterprises

172 Valley St

New mixed use building -

This is a continuation from previous meetings.
Jon Turnquist is the project architect and is representing this application.
Jon Turnquist stated that there are still a few issues that need to be resolved with the

�Building Inspector. He requested an adjournment to the next meeting.
This item was adjourned to the next meeting.

2) Julio Zhingri

290 North Washington St

New Parking lot-

This is a continuation from previous meetings.
Robert Bruzelli is the project engineer and is representing this application along with the
owner.
Robert Bruzelli stated that he was recently retained by the applicant. He stated that he is
working on the plans and does not expect to see any issues in resolving this matter. He
asked if the wall on the property line is the wall that needs to be repaired.
Dan Pennella responded yes.
This was adjourned to the next meeting.

3) David Rockefeller

Bedford Road/Sleepy Hollow

Subdivision-

This is a continuation from previous meetings.
Owen Wells read the draft Resolution aloud.
Gary Malunis made a motion to adopt the Resolution. George Tanner seconded. It was
unanimous (4-0).
George Weeby (77 Sleepy Hollow Road) asked about the next process.
The Chair provided an overview of the application. He stated that no development can be
performed on the two lots without coming before the Planning Board for site plan
approval.

4) Grotto Holding Corp

300 North Broadway

Proposed office use -

This is a continuation from previous meetings.
Greg Kuczinski is an attorney representing this application along with the project
architect, David Barbuti.
Planning Board Meeting, February 21, 2008

2

�Greg Kuczinski gave an overview of the proposed changes. He stated that the building
has been lowered and additional landscaping has been added. He also stated that tandem
parking has been applied to the owner and not to the proposed tenants. He stated that
there are no parking variances needed.
David Barbuti submitted revised plans to the Board.
Owen Wells asked about the revised parking configuration.
Greg Kuczinski stated that there was a miscommunication with the Building Inspector
about the number of parking spaces needed for the main business. The tandem parking is
now limited to the interior of the building.
The Chair stated that the Village consultants need to review the revised plans.
George Tanner asked about the emergency repairs that took place on the site. He stated
that the interior space has been framed out.
Greg Kuczinski responded that there is a permit for the HVAC and electrical systems.
He stated that there is also a demolition permit. He stated that all work has been
performed thru the Building Department.
The Chair stated that the applicant needs to provide a complete set of documents for the
Board.
George Tanner asked about the total number of employees.
Greg Kuczinski responded approximately 15-20 employees.
Nicholas Cicchetti asked about the Zoning Board status.
Greg Kuczinski responded that the revised application is currently before the Zoning Board.
This application was adjourned to the next meeting.

5) George Samaras

76 Chestnut Street

Parking Lot–

This is a continuation from previous meetings.
Owen Wells read the draft Resolution aloud.
Gary Malunis made a motion to adopt the Resolution as amended. Nicholas Cicchetti
seconded. It was unanimous (4-0).

Planning Board Meeting, February 21, 2008

3

�6) Fremont Pond

Peabody Field

Wetlands issues –

The Chair referred to the Village Special Land-Use counsel.
Amanda Kandel stated that the Village has indicated that they understand that an
application needs to be submitted to the Board. A memo from the Village Administrator
to the Chair stated that the Village has submitted as-built drawings to the US Army Corps
of Engineers for their review. The memo indicated that once the Army Corps provides a
response, a formal wetlands application will be filed.
The Chair stated that this matter is in violation of the law.
George Tanner made a motion that unless the Village submits an application to the
Planning Board by March 14, 2008, the Board will inform NYSDEC Region 3 as well as
the Westchester County DA’s office for non-compliance. Gary Malunis seconded. It
was unanimous (4-0).

7) Approval of minutes –
George Tanner made a motion to approve the January 17, 2008 minutes as submitted.
Gary Malunis seconded. It was unanimous (4-0).
The minutes for January 2007, November 2007 and December 2007 will be reviewed at
the next meeting.

Adjourned at 8:35 PM

Planning Board Meeting, February 21, 2008

4

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING
March 20, 2008
The meeting was called to order at 8:01 pm by Nicholas Robinson, Chairman. The Chair
noted that a quorum was present.
Present:

Nicholas Cicchetti
Nicholas Robinson, Chairman
Ed McCarthy
Gary Malunis

Absent:

George Tanner
David Perlmutter

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) L. Rodrigues Enterprises
2) Julio Zhingri
3) Peter Grotto
4) Fremont Pond
5) Approval of minutes
6) Annual Report

172 Valley St
290 North Washington St
300 North Broadway
Peabody Field

Prelim. Discussion
New parking lot
Discussion
Forebay Construction

The agenda was unanimously adopted (4-0).
1) L. Rodrigues Enterprises

172 Valley St

New mixed use building -

This is a continuation from previous meetings.
Sean McCarthy stated that the applicant intends to withdraw the application and submit a
new application
The Chair re-opened the public hearing.

�Since there were no public comments, Gary Malunis made a motion to close the public
hearing. Nicholas Cicchetti seconded. It was unanimous (4-0).
Gary Malunis made a motion to remove the item from the agenda. Nicholas Cicchetti
seconded. It was unanimous (4-0).

2) Julio Zhingri

290 North Washington St

New Parking lot-

This is a continuation from previous meetings.
Robert Roselli is the project engineer and is representing this application along with the
owner.
Robert Roselli stated that he is waiting for the survey of the property to be completed.
He stated that the completed survey will answer many of the Village’s questions.
Sean McCarthy stated that this application is impacting the adjacent property. He stated
that this needs to be completed soon.
The Chair stated that all information needs to be into the Village on April 3, 2008 to be
put on the agenda for April 17, 2008.
Robert Roselli stated that there should be no problem in completing the plans by April 3,
2008.
Nicholas Cicchetti made a motion to continuation this item to the next meeting. Gary
Malunis seconded. It was unanimous (4-0).

3) Grotto Holding Corp

300 North Broadway

Proposed office use -

This is a continuation from previous meetings.
David Barbuti is the project architect and is representing this application on behalf of the
owners.
David Barbuti gave an overview of the revised plans including the tandem parking plan.
He stated that this application was denied by the Zoning Board.
The Chair stated that the Board could continue this application to a public hearing.
Planning Board Meeting, March 20, 2008

2

�David Barbuti stated that the tower on the corner was lowered significantly.
Gary Malunis asked about the amount of the reduction in the tower.
David Barbuti responded that the tower was lowered by 15-feet.
Sean McCarthy stated that the ZBA indicated that the parking was still an issue. He
stated that the Board felt that the application was not significantly different.
The Board agreed that the application should move forward.
Nicholas Cicchetti asked about the curbing material.
Sean McCarthy responded that the required curbing is granite.
Ed McCarthy made a motion to schedule a public hearing for the next meeting. Nicholas
Cicchetti seconded. It was unanimous (4-0).

4) Fremont Pond

Peabody Field

Wetlands issues –

The Chair referred to the Dolph Rotfeld for clarification on the as-builts plans that were
provided to the Board.
Dolph Rotfeld stated that the settling ponds were built by the Village DPW. He stated
that Fremont Pond is a NYS wetland. He stated that the settling ponds were the second
phase of improvements to the wetlands. He stated that the original proposal was to
include a road on the south side of the field but the DPW was built on the opposite side of
the field. He stated that an as-built was sent to the US Army Corps of Engineers. He
stated that the settling ponds need some work to alleviate some drainage issues in the
settling ponds.
The Chair stated that the Village needs to correct this matter. He stated that there should
be an easement from the Tarrytown school district for the newly constructed road. He
stated that the restrictive deed can revert the property back to the Town of Mt. Pleasant if
the work is not proven to be part of the maintenance for Peabody Field. He
recommended that the property deed be reviewed. He also stated that the Board would
have required a long form EAF and also required a biological survey to determine the
extent of the wetlands.
The Chair reviewed the next steps to correct the issues in the wetlands. He stated that the
Waterfront Advisory Committee consistency review is required. The Planning Board
also requires a public hearing on the application.
Planning Board Meeting, March 20, 2008

3

�There was an open discussion on the location of the manholes on the field.
The Chair stated that the Board needs to complete the required approval process in order
to make the wetlands work conforms to the Wetlands provisions in the Village Code.
The Chair asked if the Board had any questions.
There were none.
This was continued to the next meeting.

5) Approval of minutes –
Ed McCarthy made a motion to approve the February 21, 2008 minutes as submitted.
Gary Malunis seconded. It was unanimous (4-0).
The minutes for January 2007, November 2007 and December 2007 will be reviewed at
the next meeting.

6) Annual Report –
Owen Wells stated that he will have the annual report into the Board for the next
meeting.

Adjourned at 8:51 PM

Planning Board Meeting, March 20, 2008

4

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING
April 17, 2008
The meeting was called to order at 8:01 pm by Nicholas Robinson, Chairman. The Chair
noted that a quorum was present.
Present:

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

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 –
None.

Proposed Agenda:
1) Fremont Pond
Peabody Field
Forebay Construction
2) Julio Zhingri
290 North Washington St New parking lot
3) Peter Grotto
300 North Broadway
Discussion
4) Annual Report
5) Approval of the January, November, December 2007 and January 2008 minutes
The agenda was unanimously adopted (7-0).
1) Fremont Pond

Peabody Field

Forebay construction–

The Chair referred to the Dolph Rotfeld for clarification on the as-builts plans that were
provided to the Board.
Dolph Rotfeld provided an update on the status of the wetlands application.

�The Chair permitted public comments.
Doug Maass (Pokahoe Drive) asked about the proposed work.
The Chair stated that the settling pond was not included in the original application.
Doug Maass asked if remediation would be part of the application.
The Chair responded yes.
Doug Maass stated if the application would be examined pursuant to SEQRA.
The Chair responded yes.
This was adjourned to the next meeting.

2) Julio Zhingri

290 North Washington St

New Parking lot-

This is a continuation from previous meetings.
David Perlmutter made a motion to re-open the public hearing. Gary Malunis seconded.
It was unanimous (7-0).
Robert Roselli is the project engineer and is representing this application along with the
owner.
Robert Roselli stated that he submitted the drawings and has received comments from the
Village Engineer. He stated that there are no issues with the comments received.
Donato Pennella stated that there are some additional comments on the lower wall that
need to be addressed.
Robert Roselli responded that the lower wall is not owned by his client.
Sean McCarthy stated that the lower wall needs to be remedied as well.
George Tanner made a motion to close the public hearing. Gary Malunis seconded. It
was unanimous (7-0).

George Tanner made a motion to enter into executive session to seek legal advice from
counsel. David Perlmutter seconded. It was unanimous (7-0).
The Board entered into executive session at 8:14pm.
Planning Board Meeting, April 17, 2008

2

�The meeting resumed at 8:23pm. No action was taken during the executive session.
3) Grotto Holding Corp
300 North Broadway
Proposed office use This is a continuation from previous meetings.
Greg Kuczinski is an attorney representing the applicant along with project architect,
David Barbuti.
George Tanner made a motion to open the public hearing. Gary Malunis seconded. It
was unanimous (7-0).
David Barbuti gave an overview of the application. He discussed the existing footprint
and the parking lot. He discussed the revisions to the site plan. The changes included
improvements to the site storm water systems and landscaping.
The Chair asked if the Village consultants had any comments.
Donato Pennella stated that the proposed dumpster should be re-orientated.
David Barbuti spoke about the proposed tandem parking and the other parking
alternatives that were evaluated.
David Perlmutter asked if an elevator is required.
David Barbuti responded that the elevator requirement is currently under review with NYS.
David Perlmutter asked about the entrances on New Broadway.
David Barbuti showed the entrance layout on New Broadway.
The Chair asked if the Board had any questions.
There were none.
Darlene Morin (26 New Broadway) stated that the building rendering is new. She stated
that this revised rendering has not been presented in any previous meeting. She also
asked about the handicapped access. She questioned the accuracy of the existing
crosswalk.
David Barbuti stated that the plans have been revised but the application has not appeared
before the ARB yet. He stated that the location of the crosswalk was taken from a photo
of the area.
The Chair asked for an explanation on the elevator requirement.
David Barbuti responded that a NYS Inspector will make the final determination on
Planning Board Meeting, April 17, 2008

3

�whether the elevator is needed.
Darlene Morin stated that the tandem parking plan will not work. She stated that there is
not enough room to fit 2 cars in tandem and have cars maneuver around the parking lot.
She stated that the parking should be moved back.
Josephine Blanch (Sleepy Hollow) stated that she is glad that the area is being developed.
Paul Wichmann (23 Fremont Road) stated that the project was previously approved by
the ARB but denied by the ZBA.
The Chair stated that if the applicant would reduce the square footage of the structure by
eliminating the glass showroom and tower, the bulk of the structure would be reduced
which would also reduce the parking requirement.
Greg Kuczinski stated that to reduce the structure any further, the owner will lose a lot of
space. He stated that there is a lot of space that is currently unusable.
David Perlmutter stated that the ZBA has approved other applications at this property.
He stated that the applicant needs to listen to the comments from the Boards.
David Barbuti responded that the previous application at this property was approved for
tandem parking.
Miss Servino (53 Sleepy Hollow Road) stated that the Zoning Board’s decision to chop
off a portion of the building is devaluing the property. She stated that the parking on
New Broadway is a police enforcement matter. She stated that the Village is preventing
the applicant from making improvements to this property. She stated that the Senior
Housing project passed much faster than this little project. She stated that the project
should be completed.
The Chair stated that the Village has approved many improvements in the area.
Darlene Morin asked about the entrances to the building.
David Barbuti showed the New Broadway entrances on the drawing
Darlene Morin asked about the other businesses that can occupy the space.
David Barbuti responded that under the zoning code, only professional offices can
occupy the space.
There was an open discussion on the handicapped parking spaces and handicapped
accessibility into the building.
Paul Wichmann stated that the area should be cleaned up. He stated that the Board
should see this application thru.
Planning Board Meeting, April 17, 2008

4

�Rene Hernandez (Barnhardt Ave) stated that if the project is not approved, how long will
it stay in its deteriorated condition.
The Chair responded that the previous applicant received an approval but the developer
pulled out. The Chair stated that before the project can be constructed the ZBA needs to
approve the application.
Rene Hernandez stated that the workers report to the job site each day. He stated that the
workers rarely show up at the office.
The Chair asked if there were any further public comments.
There were none.
David Barbuti gave an overview of the application with the ZBA. He stated that
removing the corner portion will be an economic hardship to the owner.
Sean McCarthy responded that the ZBA decides whether an application is substantially
different or not.
David Perlmutter made a motion to adjourn the public heating to the next meeting.
George Tanner seconded. It was unanimous (7-0).
This was adjourned to the next meeting.
4) Annual Report –
The Chair noted a few changes to the annual report.
Nicholas Cicchetti made a motion to adopt the annual report as amended. David
Perlmutter seconded. It was unanimous (7-0).

David Perlmutter made a motion to re-elect Nicholas Robinson as Chairman. George
Tanner seconded. It was unanimous (6-0) (Robinson abstained).
5) Approval of minutes –
The January 2007, November 2007 and December 2007 minutes will be reviewed at the
next meeting.
George Tanner made a motion to approve the March 20, 2008 minutes as submitted.
David Perlmutter seconded. It was unanimous (7-0).

Planning Board Meeting, April 17, 2008

5

�Adjourned at 9:26 PM

Planning Board Meeting, April 17, 2008

6

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING
May 22, 2008
The meeting was called to order at 8:04 pm by David Perlmutter, Acting Chairman. The
Chair noted that a quorum was present.
Present:

Nicholas Cicchetti
Gary Malunis
Matt McLarin
George Tanner
David Perlmutter

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)
Donato Pennella (Charles A. Manganaro/Village Engineer)
Nick Ward-Willis (Keane &amp; Beane/Village Special Land-Use Counsel)

Announcements –
None.

Proposed Agenda:
1) Julio Zhingri
290 North Washington St New parking lot
2) Peter Grotto
300 North Broadway
Discussion
3) Estate of L. Rockefeller
North Broadway
Zone change/subdivision
4) Fremont Pond
Peabody Field
Forebay Construction
5) Other
6) Sleepy Hollow Cemetery
540 North Broadway
Amended Site Plan
7) Approval of the January, November, December 2007 and April 2008 minutes
The agenda was unanimously adopted (7-0).

1) Julio Zhingri

290 North Washington St

This is a continuation from previous meetings.
Owen Wells read the draft Resolution aloud.

New Parking lot-

�George Tanner made a motion to adopt the Resolution granting site plan approval. Gary
Malunis seconded. It was unanimous (5-0).

2) Grotto Holding Corp

300 North Broadway

Proposed office use -

This is a continuation from previous meetings.
The Chair stated that this is a continuation of the public hearing.
Greg Kuczinski is an attorney representing the applicant along with project architect,
David Barbuti.
Greg Kuczinski stated that the plans have been altered to include an elevator. He also
stated that the parking plan has been altered to eliminate the tandem parking and conform
to the number of spaces required by the Village Code.
The Chair asked if the applicant has presented this plan to the Zoning Board.
Greg Kuczinski responded that the application is scheduled for June.
George Tanner made a motion to continue the public hearing to the next meeting. Gary
Malunis seconded. It was unanimous (5-0).

3) Estate of Laurance Rockefeller North Broadway

Zone change/subdivision -

Andy Tung is representing this application along with attorney, Kyle McGovern.
Andy Tung gave an overview of the proposed sub-division. He stated that the applicant
wants to rezone 12 acres of property behind the Sleepy Hollow Cemetery. He stated that
the Sleepy Hollow Cemetery is going to purchase the land. He also stated that the
applicant will then seek that the parcel be rezoned from R1 to CEM (Cemetery use). He
stated that 2 acres of the parcel would be added to the Rockefeller family cemetery.
He also stated that if the Board approves this application, the applicant will then apply for
a sub-division of one of the parcels. He stated that the new application would include
carving off 2 acres from the 12 acre parcel for the Rockefeller family cemetery.
George Tanner asked about the tax impacts to the Village.
Andy Tung responded that he did not have the tax information available.
Planning Board Meeting, May 22, 2008

2

�Andy Tung stated that the applicant appeared before the WAC. He stated that the WAC
found the application to be consistent with the LWRP.
The Chair asked if the parcel that will be used for the Rockefeller family cemetery be
taxed.
Andy Tung responded that the parcel would also be tax-exempt.
John Schnaufer stated that the family will have a 10-year option to purchase the parcel
for the family cemetery.
Gary Maulnis asked about the wetlands issues.
Andy Tung responded that the cemetery currently has land to use for burials. He stated
that when the new parcel will be used, the plots would have to be laid out in accordance
with the Village Wetlands Law.
The Chair asked if the entire parcel will be used for in ground burials.
Kyle McGovern responded that there are no current plans for the property.
George Tanner made a motion to recommend to the Village Trustees that the proposed
sub-division is consistent with Village Planning practices. Nicholas Cicchetti seconded.
It was unanimous (5-0).
4) Fremont Pond

Peabody Field

Forebay construction–

Sean McCarthy stated that Dolph Rotfield has started performing surveys of the site. He
also stated that the Village Board has authorized a wetlands consultant to evaluate the
wetlands in the area.
This was adjourned to the next meeting.

George Tanner made a motion to enter into executive session to confer with counsel
regarding pending litigation. David Perlmutter seconded. It was unanimous (7-0).
The Board entered into executive session at 8:26pm.

The Board resumed the meeting 8:32pm. No action was taken during the Executive Session.

5) Other Nick Ward-Willis read a draft Resolution to settle the Nextel v. Sleepy Hollow litigation
Planning Board Meeting, May 22, 2008

3

�concerning Nextel’s application at Barnhardt Park aloud for the record.
George Tanner made a motion to adopt the Resolution. Gary Malunis seconded. It was
unanimous (5-0).

6) Sleepy Hollow Cemetery

540 North Broadway

Amended Site Plan -

There was nobody present to represent this application.

7) Approval of minutes –
The minutes will be reviewed at the next meeting.

Adjourned at 8:36 PM

Planning Board Meeting, May 22, 2008

4

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING-APPROVED
June 19, 2008
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
Gary Malunis
Matt McLarin
George Tanner
David Perlmutter

Absent:

Nicholas Cicchetti
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)
Donato Pennella (Charles A. Manganaro/Village Engineer)
Nick Ward-Willis (Keane &amp; Beane/Village Special Land-Use Counsel)

Announcements –
None.

Proposed Agenda:
1) Sleepy Hollow Cemetery 540 North Broadway
Amended site plan
2) Seiler/Dilonardo
7 Millard Avenue
Proposed swimming pool
3) Anderson Residence
275 Millard Avenue
Proposed retaining wall
4) Fremont Pond
Peabody Field
Update
5) Village Comprehensive Plan
6) Rivers Edge
11 River Street
Discussion
7) Approval of the January, November, December 2007 and April 2008 minutes
The agenda was unanimously adopted (5-0).

1) Sleepy Hollow Cemetery

540 North Broadway

Amended Site Plan -

Ed Napoleon is representing this application on behalf of the applicant.

�Ed Napoleon gave an overview of the site plan change. He stated that the proposed
handicapped parking space will be relocated in order to give more convenient access to
visiting persons.
David Perlmutter made a motion to declare the Planning Board the Lead Agency under
SEQRA. George Tanner seconded. It was unanimous (5-0).

2) Seiler/Dilonardo

7 Millard Avenue

Proposed swimming pool -

Brian Seiler is the owner and is representing this application.
Brian Seiler stated that the application involves installing a small swimming pool on the
property. He stated that his landscape designer is unable to be at the meeting this
evening.
The Chair asked if there are any proposed retaining walls.
Brian Seiler showed the proposed retaining walls on the site plan.
The Chair asked about drainage around the pool.
Brian Seiler spoke about the proposed site drainage.
Owen Wells stated that the ZBA needs to grant a few variances on this application.
David Perlmutter made a motion to refer this application to refer this application to the
ZBA. George Tanner seconded. It was unanimous (5-0).

3) Anderson Residence

275 Millard Avenue

Proposed retaining wall -

Sam Vieira is the project architect and is representing this application.
Sam Vieira stated that this property has a few deteriorated retaining walls. He also stated
that the current owners have a few small children and the owners want to better utilize the
rear yard for recreational purposes. He stated that the application involves replacing a
few small railroad tie retaining walls with taller interlocking split-block walls.
Sean McCarthy stated that the application is before the Board to approve the regarding of
the site and its impacts on Riverside Drive.
The Chair stated that this wall was before the Board once before as a non-compliance
item from the previous owners.
Planning Board Meeting, June 19, 2008-APPROVED

2

�Sam Vieira responded that the walls are deteriorated and need to be addressed. He stated
that this is an opportunity to address this issue.
The Chair asked about the drainage system.
Sam Vieira responded that the proposed retaining walls are not mortared. He stated that
the application does not involve any impervious surfaces. He stated that they are taking 3
walls and converting them into two walls.
George Tanner made a motion to declare the Planning Board as the Lead Agency under
SEQRA as well as referring the application to the ARB and WAC. David Perlmutter
seconded. It was unanimous (5-0).
David Perlmutter made a motion to schedule the public hearing for the next meeting.
George Tanner seconded. It was unanimous (5-0).

4) Fremont Pond

Peabody Field

Update –

Sean McCarthy stated that the plans are expected on the wetlands remediation for the
next meeting.
There was an open discussion on whether the Wetlands Ordinance requires notifying the
neighbors.
Nick Ward-Willis responded that noticing the neighbors is required under the Ordinance.

5) Village Comprehensive Plan The Chair gave an overview on four specific recommendations to the Village Trustees.
He referred to Nick Ward-Willis for a brief overview of the Comprehensive Plan.
Nick Ward-Willis spoke about the Comprehensive Plan process as well as the NYS Code
sections referring to a Comprehensive Plan. He stated that the Village Trustees need to
approve by Resolution that a Comprehensive Plan be prepared. He stated that the plan
can be prepared by the Village Trustees or the Planning Board. He also stated that the
Comprehensive Plan should also be reviewed periodically.
George Tanner made a motion to request that the Village Trustees approve the creation of
a Comprehensive Plan in compliance with SEQRA. David Perlmutter seconded. It was
unanimous (5-0).
The Chair referred to Nick Ward-Willis on the Historic Preservation Ordinance.
Planning Board Meeting, June 19, 2008-APPROVED

3

�Nick Ward-Willis reviewed the NYS Code on Historic Preservation Law.
David Perlmutter made a motion to request that the Village Trustees approve the creation
of a Historic Preservation Ordinance in compliance with SEQRA. George Tanner
seconded. It was unanimous (5-0).
The Chair reviewed the Tree Ordinance.
Gary Malunis made a motion to request that the Village Trustees review the Tree
Ordinance. Matt McLarin seconded. It was unanimous (5-0).
The Chair reviewed the Inner-Municipal Pocantico River Plan.
Matt McLarin made a motion to request that the Village Trustees review the InnerMunicipal Pocantico River Plan. George Tanner seconded. It was unanimous (5-0).
The Chair reviewed the Inner-Municipal Transportation Plan.
George Tanner made a motion to request that the Village Trustees review the InnerMunicipal Transportation Plan. Gary Malunis seconded. It was unanimous (5-0).
The Chair stated that these Planning Board issues need to be addressed by the Village
Trustees.

6) Rivers Edge

11 River Street

Discussion –

Dave Smith gave a overview on the lower River Street area. He stated that the Village is
exploring a marina on the Sleepy Hollow waterfront.
Lynn Ward is representing this application along with project architect, John Jenkins.
Lynn Ward spoke about the Castle Oil site. She stated that 2/3s of the land is owned by
Castle Oil and 1/3 is owned by the applicant. She stated that the applicant is a
Brownfield development company.
Lynn Ward gave an overview on the proposed Tarrytown Marina. She also gave an
overview on the Castle Oil business buyout.
John Jenkins gave an overview of the mixed-use building adjacent to Horan’s Landing.
Gary Malunis asked about the timing on the project.
Lynn Ward responded that the Tarrytown portion has already started. She stated that the
Sleepy Hollow development will include 60 residential units.
Planning Board Meeting, June 19, 2008-APPROVED

4

�George Tanner asked about the number of units in Ichabod’s Landing.
The Chair responded 44 units.
John Jenkins spoke about the architectural characteristics of the area.
Gary Malunis asked about the height of the proposed structure.
John Jenkins responded that the structure is 5 stories.
Gary Malunis asked about the height of the existing oil tanks.
John Jenkins responded about 3-1/2 stories.
George Tanner stated that the applicant should re-evaluate the proposed height.
Lynn Ward responded that the application could be altered to make the building wider.
George Tanner also commented that the traffic impacts will be significant.
Lynn Ward responded that many of the residents are expected to be taking the train. She
also stated that the overall development is 238 units on 31 acres. She stated that the
intention is not to overdevelop the site.
Lynn Ward stated that the current tax base on the Castle Oil site is $45,000/yr. She stated
the developed site will have a tax base of approximately $450,000-$500,000/yr.
The Chair stated that once the Village Trustees approve the plan, the application would
then come back to the Planning Board for site plan approval.
No action was taken.

7) Approval of minutes –
The January 2007, November 2007 and December 2007 minutes will be reviewed at the
next meeting.

George Tanner made a motion to approve the April and May 2008 minutes as submitted.
Matt McLarin seconded. It was unanimous (5-0).

There will not be an August meeting.

Adjourned at 9:23 PM
Planning Board Meeting, June 19, 2008-APPROVED

5

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING-APPROVED
July 17, 2008
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
Gary Malunis
Matt McLarin
Nicholas Cicchetti
Ed McCarthy

Absent:

George Tanner
David Perlmutter

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)

Announcements –
None.
Proposed Agenda:
1) Seiler/ Dilonardo
2) Grotto Holdings
3) Sleepy Hollow Cemetery
4) Anderson Residence
5) Lighthouse Coffee
6) Fremont Pond
7) Cortese Construction
8) Old Business
9) New Business
10) Other Business
11) Approval of minutes

7 Millard Avenue
300 North Broadway
540 North Broadway
275 Millard Avenue
222 Beekman Avenue
Peabody Field
8 Terrace Close

Proposed Swimming Pool
Proposed Office Use
Amended Site Plan
Proposed retaining wall
Change of Use
Update
Amended approval

The agenda was unanimously adopted (5-0).
1) Seiler/ Dilonardo

7 Millard Avenue

Proposed Swimming Pool

Brian Seiler is the owner and is representing this application.
Matt McLarin made a motion to schedule a public hearing for the September meeting.
Gary Malunis seconded. It was unanimous (5-0).

�2) Grotto Holdings

300 North Broadway

Proposed Office Use

Greg Kuczinski is an attorney representing this application along with project architect,
David Barbuti
Greg Kuczinski gave an overview of the meeting with the Zoning Board. He asked for the
Board to re-open the public hearing.
Nicholas Cicchetti made a motion to re-open the public hearing. Ed McCarthy seconded.
It was unanimous (5-0).
Nicholas Cicchetti stated that the matter with the Zoning Board needs to be resolved.
Greg Kuczinski stated that the applicant is hoping to satisfy the Zoning Board’s
requirements at the ZBA’s next meeting. He spoke about the number of proposed tenants
and the number of gas meters installed. He stated that the additional gas meters are for the
rooftop A/C units.
The Chair asked if the public has any questions.
There were none.
Greg Kuczinski asked if the Board could grant a conditional approval so that some of the
necessary site drainage work can be completed.
The Chair responded that the Board cannot grant a conditional approval in the middle of a
public hearing.
Sean McCarthy stated that the applicant should proceed with the curb cut application with
the NYSDOT before the September meeting.
Nicholas Cicchetti made a motion to adjourn the public hearing. Ed McCarthy seconded.
It was unanimous (5-0).
No action was taken.

3) Sleepy Hollow Cemetery

540 North Broadway

Amended Site Plan -

Ed Napoleon is representing this application on behalf of the applicant.
Ed McCarthy made a motion to open the public hearing. Nicholas Cicchetti seconded. It
was unanimous (5-0).
Ed Napoleon gave an overview of the site plan change. He stated that the proposed
APPROVED - Planning Board Meeting, July 17, 2008

2

�handicapped parking space will be relocated in order to give more convenient access to
visiting persons.
The Chair asked if the Board had any questions.
Nicholas Cicchetti asked if there were any outstanding engineering questions.
Sean McCarthy responded that there were issues with the proposed slope grade and the
storm water management.
Ed Napoleon stated that the grade issue was worked out with the Village Engineer but he
did not have the specific solution with him. He spoke about the proposed site storm water
solution. He stated that the applicant would be willing to make the access road entirely out
of Turf Stone to better handle the storm water runoff in the area.
Owen Wells asked the applicant to comment on the landscape plan.
Ed Napoleon spoke about the landscape plan. He spoke about the trees that would be
replanted.
The Chair asked if the public had any questions.
There were none.
Ed McCarthy made a motion to adopt the amended site plan from the presented drawing of
5/1/08. The approval is conditional on the use of the turf-stone be satisfactory to handle the
surface runoff. Also, to verify the slope of the access drive and to present a landscape plan
to the Village Architect. Gary Malunis seconded. It was unanimous (5-0). As part of the
amended site plan, the Board adopted a negative declaration for a determination of
significance.

4) Anderson Residence

275 Millard Avenue

Proposed retaining wall -

Mike McGarvey is the project engineer and is representing this application.
Gary Malunis made a motion to open the public hearing. Ed McCarthy seconded. It was
unanimous (5-0).
Mike McGarvey gave an overview of the existing retaining walls on the property. He
stated that the retaining walls are on a steep slope. He stated that the proposed retaining
wall system will replace the existing deteriorated railroad tie retaining walls on the
property.
The Chair asked if the applicant had appeared before the Waterfront Advisory Committee.
APPROVED - Planning Board Meeting, July 17, 2008

3

�Mike McGarvey responded no.
Mike McGarvey spoke about the existing stone wall on Riverside Drive. He stated that
since there is no information on this existing wall, the new wall must be constructed
independent of the lower stone wall.
The Chair asked if there were any public comments on this application.
There were none.
Nicholas Cicchetti made a motion to close the public hearing. Gary Malunis seconded. It
was unanimous (5-0).
Ed McCarthy made a motion to make a positive recommendation to the Architectural
Review Board. Matt McLarin seconded. It was not passed (3-1-1) (Malunis declined, The
Chair abstained).

5) Lighthouse Coffee

222 Beekman Avenue

Change of Use -

Gary Serena is the owner and is representing this application.
Gary Serena stated that as a result of the delays in the GM development, he recently closed
his business. He stated that he is trying to sell the location but would like to obtain a liquor
license to convert the location into a café.
Sean McCarthy stated that the property is located in a C-2 zone. He stated that a café is
permitted under this zone. He stated that the Board has jurisdiction since there is another
establishment within 200-feet with another liquor license. He stated that the Zoning Board
would also need to grant a variance for a change of use.
The Chair stated that the applicant should appear before the Waterfront Advisory
Committee and the Zoning Board before the Planning Board acts on the application.
This application was referred to the Waterfront Advisory Committee and the Zoning Board.

6) Fremont Pond

Peabody Field

Update –

The Chair stated that the biological survey report was received by the Board.
Sean McCarthy responded that the area has been flagged. He stated that Dolph Rotfeld
will now take the delineated area and place it on the amended wetland map.
APPROVED - Planning Board Meeting, July 17, 2008

4

�Nick Ward-Willis stated that the Village is planning to meet with the school district
regarding the wetlands application.
The Chair asked if the Board had any questions.
There were none.
The Chair stated that since the Board will be holding a public hearing on this application, a
site inspection should be scheduled soon before the vegetation dries up for the season. He
also stated that the applicant should submit a revised application.
No action was taken.

7) Cortese Construction

8 Terrace Close

Amended approval -

Andrew Cortese is the owner and is representing this application.
Andrew Cortese stated that the construction went beyond the area of disturbance in order to
gain access to an existing manhole. He stated that the retaining wall was relocated to save
some trees on the site. He also stated that the revised plan reduces the height of the
retaining wall in the rear.
The Chair stated that this application should be referred to the Waterfront Advisory
Committee. He also stated that the applicant should submit a formal application.
Gary Malunis made a motion to hold the public hearing at the Board’s next meeting.
Nicholas Cicchetti seconded. It was unanimous (5-0).

8) Old Business Mario Bellanich requested to address the Board. He stated that the Village Trustees
approved the Nextel monopole. He requested some explanation on the conditions of the
approval.
The Chair explained the process. He stated that the Village Trustees selected the site. He
stated that the Planning Board applied its GEIS for wireless communication facilities. He
stated that after NEXTEL received a site plan approval, they proceeded to sue the Village
as well as the Planning Board.
Nick Ward-Willis gave an overview of the Nextel litigation. He stated that a settlement
was reached. He briefly discussed the settlement.
APPROVED - Planning Board Meeting, July 17, 2008

5

�Mario Bellanich asked for further clarification.
The Chair stated that once the settlement is a public document, the public can re-address
the Village Trustees.

9) New Business –
Doug Maass (Pokahoe Drive) wanted to address the Board regarding the wetlands near the
train station. He stated that the Metro-North has dumped fill and debris into the wetlands.
He stated that correspondence to Metro North did resolve some of the debris but some tree
stumps remain.
The Chair stated that the Metro North is exempt from applying for Village Wetlands
permits. He thanked Mr. Maass for his efforts.

10) Other Business The Chair reviewed his draft letter to the Village Trustees. He summarized the Board’s
previous 5 recommendations as well as 10 new recommendations that the Planning Board
is requesting action from the Village Trustees as well as a comprehensive plan (see
attached).

11) Approval of minutes –
January 2007, November 2007, December 2007 and June 2008 minutes were reviewed.
Nicholas Cicchetti made a motion to approve the November 2007 minutes as submitted.
Gary Malunis seconded. It was unanimous (5-0).
Nicholas Cicchetti made a motion to approve the December 2007 minutes as submitted.
Gary Malunis seconded. It was unanimous (5-0).
The January 2007 and June 2008 meeting minutes will be reviewed at the next meeting.

Adjourned at 9:33 PM

APPROVED - Planning Board Meeting, July 17, 2008

6

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING-APPROVED
September 18, 2008
The meeting was called to order at 8:00 pm by David Perlmutter. The Chair noted that a
quorum was present.
Present:

George Tanner
David Perlmutter
Gary Malunis
Matt McLarin
Nicholas Cicchetti
Ed McCarthy

Absent:

None

Also Present:

Sean McCarthy (Village Architect / Village of Sleepy Hollow)
Anthony DelVecchio (Recording Secretary)
Owen Wells (Saccardi &amp; Schiff/ Village Planner)
Amanda Kandel (Keane &amp; Beane/Village Special Land-Use Counsel)
Shailesh Naik (Charles A. Manganaro/Village Engineer)

Announcements –
None.

Proposed Agenda:
1) Appointment of Chairman
2) Estate of L. Rockefeller
North Broadway
Subdivision/Final plat
3) Peter Grotto
300 North Broadway
Discussion
4) Seiler/ Dilonardo
7 Millard Avenue
Proposed Swimming Pool
5) Cortese Construction
8 Terrace Close
Amended approval
6) Ana LeRoy
160 Depeyster Avenue
Proposed sub-division
7) Mario Arajuo
68 Beekman Avenue
Proposed mixed-use building
8) Anderson Residence
275 Millard Avenue
Proposed retaining wall
9) Headless Horseman Entities 410 North Broadway
Proposed site improvements
10) Sleepy Hollow Cemetery 540 North Broadway
Zone change/subdivision
11) Other
12) Approval of the January, November, December 2007 and June 2008 minutes
1) Appointment of Chairman George Tanner made a motion to elect David Perlmutter as Chairman. Gary Malunis
seconded. It was unanimous (5-0).

�2) Estate of L. Rockefeller North Broadway
Subdivision/Final plat
Andy Tung is representing this application on behalf of the applicant.
Andy Tung stated that site plan approval was received by the Board. He stated that the
preliminary plat was granted by the Board a few months ago. He stated that a final plat
was submitted to the Village for approval.
Owen Wells read the Resolution aloud.
Nicholas Cicchetti made a motion to approve the Resolution. Gary Malunis seconded. It
was unanimous (6-0).

3)Grotto Holdings
300 North Broadway
This is a continuation from previous meetings.

Proposed Office Use

Greg Kuczinski is the attorney representing this application.
Greg Kuczinski gave an overview of the meeting with the Zoning Board. He stated that
the parking plan has been revised to conform to the Zoning Code. He discussed the
landscaping buffer plan that eliminated 2 parking spaces.
George Tanner asked if the applicant could arrange off-site parking with an adjacent
property owner.
Sean McCarthy responded that off-site parking can be arranged.
Greg Kuczinski responded that the owner has attempted this arrangement. He asked how
the Board views the parking plan.
The Chair responded that the Zoning Board has concerns about the parking plan.
George Tanner asked if the applicant has met with the Village’s Planning Consultant.
Greg Kuczinski responded no.
Owen Wells stated that the Board will need to review the parking plan to see what is
acceptable.
George Tanner stated that the applicant can remove the glass showcase to reduce the
parking requirements.
There was an open discussion on the number of off-street parking spaces that would be
required to satisfy the Village’s parking requirements.
APPROVED - Planning Board Meeting, September 18, 2008

2

�Greg Kuczinski requested that the Board make a decision on the present application.
Owen Wells responded that the vote would be on the recommendation to the Zoning
Board.
George Tanner stated that the applicant should revise the application.
Greg Kuczinski responded that the applicant does not want any further delays.
The Chair asked Owen Wells to read their submitted memo aloud for the record.
Owen Wells read the memo regarding their review of the applicant’s parking plan.
The Chair asked if the applicant has any questions.
Greg Kuczinski responded that the applicant explained all of their views to the Zoning
Board regarding the parking plan.
The Chair asked if the public has any questions.
There were none.
The Chair adjourned the public hearing.
Greg Kuczinski asked if the existing property can accommodate a parking plan that can
conform to the Village’s parking code.
Owen Wells responded no.
Gary Malunis asked about the amount of square footage that needs to be eliminated in
order to comply with the parking code.
Greg Kuczinski responded that the current application conforms to the Zoning Code.
The Chair asked if the applicant is willing to meet with the Village Planner to work on
the parking plan.
Greg Kuczinski agreed.
This was adjourned to the next meeting.

4) Seiler/ Dilonardo
7 Millard Avenue
Proposed Swimming Pool
Brian Seiler is the owner and is representing this application along with architect, Jan
Johnson.
Jan Johnson reviewed the site plan and the landscape plan. She discussed the pool
location and dimensions.
The Chair opened the public hearing.
APPROVED - Planning Board Meeting, September 18, 2008

3

�Since there were no public comments, George Tanner made a motion to close the public
hearing. Nicholas Cicchetti seconded. It was unanimous (6-0).
Owen Wells read the Resolution aloud.
Nicholas Cicchetti made a motion to approve the Resolution. Gary Malunis seconded. It
was unanimous (6-0).

5) Cortese Construction
8 Terrace Close
Amended approval Andrew Cortese is the owner and is representing this application along with Landscape
Architect Donna Bearman and Engineer Michael Stein.
Donna Bearman stated that the owner wanted to reduce some of the retaining walls on the
site. She stated that additional plantings were added to give a more natural site plan.
Michael Stein reviewed the site drainage.
The Chair asked about the status of the project.
Sean McCarthy responded that a stop work order was issued based on deviations from the
approved plans.
George Tanner asked if the Village Engineer has reviewed the plans.
Shalish Naik responded that there is a problem with the site runoff onto the adjacent
property owner.
Michael Stein responded that based on the topography maps from Mt. Pleasant, the
existing runoff is captured by a drain inlet in the rear of the adjacent property.
Sean McCarthy stated that the Village wants the applicant to handle all site storm water
within the site.
Michael Stein responded that the approved plan discharged storm water from the site
onto the rear of the site. He stated that the pre-developed condition always routed storm
water to the rear of the site.
Sean McCarthy responded that the site was undeveloped and had significant vegetation.
Andrew Cortese stated that the cause of the excessive runoff was due to the incomplete
drainage system
The Chair asked if the site runoff would be contained within the site itself.
Andrew Cortese responded no.
The Chair opened the public hearing.
APPROVED - Planning Board Meeting, September 18, 2008

4

�Diane Bruning (6 Birch Close) read a letter aloud regarding significant damage from
recent flood events.
Jim Leaper (10 Birch Close) asked if the stop work order was issued as a direct result
from the applicants excessive clearing of the site without restoring any of the approved
landscaping.
Sean McCarthy responded that the stop work order was issued because the applicant was
not complying with the approved site plan.
Ana Maria McGinnis (12 Birch Close) stated that there was supposed to be a limit of
disturbance as part of the approved plan. She stated that the area of disturbance was
extended far beyond what was approved.
Andrew Cortese reviewed the site clearing that was performed on the site. He stated that
he extended beyond the disturbance line in order to connect into the sewer line.
George Tanner asked if the Building Inspector approved of the work in the disturbance
area.
The Chair asked Sean McCarthy for the next steps.
Sean McCarthy responded that the revised retaining wall plan is a better visual plan for
the residents. He stated that the storm water retention system should also be installed
once the Village Engineer approves of the plan. He stated that the storm water system
should be installed.
Ana Maria McGinnis asked for clarification on the storm water retention plan.
Diane Bruning stated that the site should be restored to the original approval.
Sean McCarthy responded that the revised plan proposed a better storm water system
than the original plan. He stated that the site can still be restored.
Jim Simmons (attorney for Diane Bruning) stated that the drainage system could be
upgraded but the site should be restored to its original approval.
Sean McCarthy responded that the revised plan reduces the visual impact of the house to
the neighbors. He stated that there are 2 less retaining walls being constructed.
Diane Bruning stated that the site should be left as per the original approval.
Michael Stein responded that the new storm water system will contain all of the site
storm water within the site. He stated that without performing additional site
investigations, he cannot determine if the site can be restored.
This was adjourned to the next meeting.
APPROVED - Planning Board Meeting, September 18, 2008

5

�6) Ana LeRoy
160 Depeyster Avenue
There was nobody present to discuss this application.

Proposed sub-division -

Sean McCarthy stated that this application was incomplete.
This was adjourned to the next meeting.
No action was taken.

7) Mario Arajuo
68 Beekman Avenue
Proposed mixed-use building Luis Demasi is the project architect and is representing this application along with the
owner.
Luis Demani stated that the building recently had a fire. He stated that the building
previously had 2 apartment units. He stated that the new plan proposed 3 apartments
with a retail lower level.
The Chair asked if a parking variance is needed.
Owen Wells responded that a parking variance is needed.
Owen Wells stated that the FAR is 1.4 for this area. He stated that the application seems
to be in compliance.
This application was referred to the Zoning Board.

8) Anderson Residence
275 Millard Avenue
Proposed retaining wall Sam Vieira is the project architect and is representing this application.
Sam Vieira stated that this application is before the Architectural Review Board. He
stated that the applicant is trying to stabilize the deteriorated railroad tie retaining walls
system in the rear of the property.
Sean McCarthy stated that the WAC has found it consistent with the LWRP. He also
stated that the proposed materials are acceptable.
George Tanner asked if the applicant is trying to complete the work this year.
Sam Vieira responded that the owner would like to complete the project this year.
The Chair opened the public hearing.
APPROVED - Planning Board Meeting, September 18, 2008

6

�Since there was no public comment, the Chair closed the public hearing.
Owen Wells read the Resolution aloud.
George Tanner made a motion to adopt the Resolution. Gary Malunis seconded. It was
unanimous (6-0).

9) Headless Horseman Entities
410 North Broadway
Proposed site improvements Sam Vieira is the project architect and is representing this application along with owner,
Wayne Jeffers.
The Chair stated that this site has many violations.
George Tanner stated that the applicant has submitted numerous applications over the
past several years.
Sam Vieira responded that the applicant began working with the ARB on restoring the
exterior of the site. He stated that Sean McCarthy then informed the applicant that there
are many site violations. He stated that the owner is trying to rectify all violations on the
site.
George Tanner stated that the propane tanks are in a dangerous location.
Wayne Jeffers responded that the propane company indicates that the cage is in
compliance.
George Tanner responded that this needs to be rectified.
Wayne Jeffers responded that the foundation has been completed.
George Tanner stated that the cage is too big for the foundation.
Wayne Jeffers responded that the issue will be resolved immediately.
Wayne Jeffers stated that there are other gas stations in the Village that are parking
hazmat vehicles on site. He also stated that items are being enforced on his property that
are not being enforced on other gas stations in the area. He stated that he is selling the
property and the new owner will complete the improvements under his application.
Sam Vieira reviewed the proposed site improvements. He stated that the propane tanks
will be relocated to another location on the site. He showed the previous site
improvements.
George Tanner asked about the need for a loading dock.
Sam Vieira responded that the loading dock will be relocated as part of the renovations.
APPROVED - Planning Board Meeting, September 18, 2008

7

�George Tanner asked about the underground storage tanks.
Wayne Jeffers gave a summary of the underground storage tanks at the site. He stated
that there is no ground contamination on the site.
Sam Vieira stated that a formal application will be submitted. He asked about any issues
that the Board might have.
The Chair responded that some parking spaces should be added in the front of the
property.
This was adjourned to the next meeting.

10) Sleepy Hollow Cemetery
540 North Broadway
This is a continuation from previous meetings.

Amended Site Plan -

Owen Wells read the Resolution aloud.
Ed McCarthy made a motion to approve the Resolution. Gary Malunis seconded. It was
unanimous (6-0).

11) Other The Chair stated that Franks Home Improvements and Enterprise rental cars need to have
Village laws enforced to comply with Village Code.

12) Approval of minutes –
Jan. 2007, Nov. 2007, Dec 2007 and June 2008 minutes were reviewed.
Matt McLarin made a motion to approve the Jan 2007, Nov 2007, Dec 2007 and June
2008 meeting minutes. George Tanner seconded. It was unanimous (6-0).
Adjourned at 9:56 PM

APPROVED - Planning Board Meeting, September 18, 2008

8

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING-APPROVED
October 16, 2008
The meeting was called to order at 8:03 pm by David Perlmutter. The Chair noted that a
quorum was present.
Present:

George Tanner
David Perlmutter
Nicholas Cicchetti
Ed McCarthy

Absent:

Gary Malunis
Matt McLaren

Also Present:

Sean McCarthy (Village Architect / Village of Sleepy Hollow)
Anthony DelVecchio (Recording Secretary)
Dave Smith (Saccardi &amp; Schiff/ Village Planner)
Nick Ward-Willis (Keane &amp; Beane/Village Special Land-Use Counsel)
Shailesh Naik (Charles Manganaro/Village Engineer)
Hugh Jones

Announcements –
None.

Proposed Agenda:
1) Peter Grotto
300 North Broadway
2) Cortese Construction
8 Terrace Close
3) Korean Church of Westch. 242 North Broadway
4) Fremont Pond
Peabody Field
5) Village Comprehensive Plan
6) Approval of the September 2008 minutes

1) Grotto Holdings

300 North Broadway

Discussion
Amended site plan
Preliminary discussion
Forebay Construction

Proposed Office Use

This is a continuation from previous meetings.
The Chair stated that the Board would like to seek the advice of counsel concerning the
Village Trustees October 2008 Resolution regarding this application in Executive
Session.
The Chair made a motion to enter into Executive Session. George Tanner seconded. It

�was unanimous (4-0).
The Board entered into Executive Session at 8:04pm

The meeting resumed at 8:18 pm. No action was taken.
The Chair stated that there are only 4 members on the Planning Board this evening since
Hugh Jones has not been sworn in as a new member. He stated that any vote by the
Board must be unanimous.
Greg Kuczinski is the attorney representing this application along with project architect,
David Barbuti and owner Peter Grotto.
Greg Kuczinski gave an overview of the previous meetings with the Zoning and Planning
Boards. He stated that the parking plan has been revised many times to try and meet the
Village’s Zoning Code requirements. He discussed the off-site parking that is proposed
as part of the parking plan. He stated that the Zoning Board referred this application back
to the Planning Board for their recommendation.
There was an open discussion on the last Planning Board meeting and the
recommendations that the Board made to the applicant.
Greg Kuczinski stated that an additional 6 off-site parking spaces have been secured with
potential long term leases.
George Tanner stated that historically the off-site parking is typically deeded to the
applicant. He stated that if the property is sold or altered, the long-term leases might be
invalid.
Greg Kuczinski responded that the Board should have indicated at the last meeting that
the off-site parking should have been deeded.
Nicholas Cicchetti stated that the three presented parking plans do not meet the Village
parking requirements. He stated that the best plan had 19 parking spaces.
Greg Kuczinski responded that this business will not be receiving large deliveries. He
stated that the only deliveries will be UPS and FedEx box trucks.
The Chair stated that the Village Planners are not satisfied with the parking plan.
David Barbuti responded that he has tried to meet with the Village Planners to resolve the
parking issues.
Dave Smith stated that the site is constrained. He stated that they will make every effort
APPROVED - Planning Board Meeting, October 16, 2008

2

�to expedite a meeting to discuss the parking plan.
Greg Kuczinski stated that if the parking plan issues are resolved, can a work session
between Planning Board and Zoning Boards be held to expedite this application.
The Chair responded that if the parking issues are resolved, he will make every effort to
coordinate a meeting.
The Chair asked if there were any public comments.
There were none.
George Tanner made a motion to adjourn the public hearing. Nicholas Cicchetti
seconded. It was unanimous (4-0).
This was adjourned to the next meeting.

2) Cortese Construction

8 Terrace Close

Amended approval -

Richard Blancato is the attorney representing this application along with engineer
Michael Stein and owner, Andrew Cortese.
Richard Blancato stated the applicant wants to install an improved storm water
management plan.
Michael Stein discussed the proposed plan. He stated that the number of retaining walls
was reduced. He stated that the amount of storm water being discharged from the site is
also reduced. He stated that more of the storm water will percolate into the soil on-site.
He stated that the original plan would have discharged storm water onto the neighbor’s
property. He also stated that the previously approved plan did not have much
landscaping and the revised plans provide more landscaping.
The Chair asked if the Village consultants have any questions.
Shailesh Naik asked for the percolation test to be submitted by a licensed engineer. He
also stated that the results from a hydro model should be submitted.
Mike Stein responded that all engineering questions are minor and will be easily
answered.
Shailesh Naik agreed.
The Chair opened the public hearing.
Diane Bruning (6 Birch Close) asked if the storm water would pass thru her property.
APPROVED - Planning Board Meeting, October 16, 2008

3

�Mike Stein responded that there were some discussions on connecting into a catch basin
on her property.
Shailesh Naik stated that the storm water plan is proposing to handle all site storm water
within the applicant’s property. He stated that there is no need to connect into the catch
basin on her property.
Diane Bruning also stated that she does not want to see the large retaining wall. She
stated that adequate landscaping should be installed to screen the retaining wall.
Mr. Lars (12 Terrace Close) asked about the large amount of the rear yard that was
disturbed. He stated that over 50% of the trees were removed.
Mike Stein responded that the view of the developed site will not be seen from his
property.
Since there were no further public comments, George Tanner made a motion to close the
public hearing. Gary Malunis seconded. It was unanimous (4-0).
Dave Smith read the draft Resolution aloud.
George Tanner made a motion to adopt the draft Resolution granting site plan approval as
amended. Ed McCarthy seconded. It was unanimous (4-0).

3) Korean Church of West

242 North Broadway

Preliminary discussion -

Pastor Chu is a member of the church and is representing this application.
Pastor Chu stated that the property has a recent fire. He stated that the affected area is small
and as part of the restoration, the owners want to add another floor to the renovated structure for
recreation and classrooms. He stated that the additional space would be for middle school and
high school aged students.
Sean McCarthy asked the applicant to explain the parking plan.
Pastor Chu responded that there is an existing agreement with the Tarrytown school district to
use the Sleepy Hollow HS parking lot. He stated that in return, the Sleepy Hollow HS has use
of some rooms in the church for meetings.
Sean McCarthy stated that the Zoning Board needs to review the application since it is an
expansion of a pre-existing non-conforming use (R1 zone).
George Tanner made a motion to refer the application to the Waterfront Advisory Committee
and Zoning Board. Ed McCarthy seconded. It was unanimous (4-0).
4
APPROVED - Planning Board Meeting, October 16, 2008

�4) Fremont Pond

Peabody Field

Forebay Construction -

Nick Ward-Willis stated that Dolph Rotfeld is still working with the wetlands consultants.
He stated that the wetlands issues should be before the Board at the next meeting.

5) Village Comprehensive Plan The Chair stated that the Village Trustees should develop and adopt a Village
Comprehensive Plan.
Sean McCarthy stated that he would try and arrange a work session with the Planning Board
and the Village Trustees.

6) Approval of minutes –
The minutes from the September 2008 meeting were reviewed.
George Tanner made a motion to approve the minutes as submitted. Nicholas Cicchetti
seconded. It was unanimous (4-0).

Adjourned at 9:13 PM

APPROVED - Planning Board Meeting, October 16, 2008

5

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING - APPROVED
November 20, 2008
The meeting was called to order at 8:00 pm by George Tanner, Acting Chairman. The
Chair noted that a quorum was present.
Present:

George Tanner, Acting Chairman
Gary Malunis
Matt McLaren
Nicholas Cicchetti
Hugh Jones
Ed McCarthy

Absent:

David Perlmutter

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)
Shailesh Naik (Charles Manganaro/Village Engineer)

Announcements –
None.

Proposed Agenda:
1) Peter Grotto
300 North Broadway
2) Phipps/Jacobsen
22 Farrington Avenue
3) Korean Church of Westchester
242 North Broadway
4) Marco Arajuo
68 Beekman Avenue
5) Fremont Pond
Peabody Field
6) Village Trustees work session
7) Approval of the October 2008 minutes

Discussion
Sub-division
Preliminary discussion
Proposed mixed-use bldg
Forebay Construction

Nicholas Cicchetti made a motion to enter into Executive Session to discuss potential
litigation. Matt McLaren seconded. It was unanimous (6-0).
The Board entered into Executive Session at 8:02pm.
The meeting resumed at 8:22 pm. No action was taken.

�1) Grotto Holdings

300 North Broadway

Proposed Office Use

This is a continuation from previous meetings.
Greg Kuczinski is the attorney representing this application along with project architect,
David Barbuti.
The Chairman re-opened the public hearing.
Sean McCarthy gave a summary on the Zoning Board’s November 19, 2008 meeting
where the Board granted the applicant certain variances. He stated that the variances
were for rear and side yard buffer and landscape buffer.
Matt McLaren stated that the parking plan will require a lot of maneuvering.
Greg Kuczinski responded that there will be plenty of on-site parking since many of the
owners employees will be on job-sites and will not be at the location. He stated that the
business is not a supply house.
Gary Malunis asked if the applicant has explored creating a green roof.
David Barbuti responded that the roof has been repaired and it would not be feasible at
this time.
Greg Kuczinski responded that he would ask the owner.
Nicholas Cicchetti asked about low-intensity lighting on the building exterior.
David Barbuti responded that the plans call for high-pressure sodium lights.
Nicholas Ward-Willis stated that since the 3rd office space has not been identified yet, the
impacts to traffic, parking and the loading area cannot be known. He stated that a
Certificate of Occupancy will not be issued for the 3rd space until a tenant is identified.
The Chair asked if the Board had any other comments.
There were none.
The Chair asked if there were any other public comments.
There were none.
The Chair closed the public hearing.
Nick Ward-Willis read the draft Resolution aloud.
Nicholas Cicchetti made a motion to adopt the draft Resolution. Gary Malunis seconded.
It was approved by a 5-1 vote (McLaren).
APPROVED - Planning Board Meeting, November 20, 2008

2

�2) Phipps/Jacobsen

22 Farrington Avenue

Sub-division

Thomas and Jana Phipps are representing this application along with David Jacobsen.
The Chair asked if the proof of mailings for the public hearing were received.
Sean McCarthy responded that the mailings were not sent out in time for this meeting.
The Chair stated that the public hearing would not be held tonight.
Jana Phipps stated that this application was previously approved. She stated that they
missed the filing deadline so the approvals have expired.
The Board agreed to hold the public hearing at the December 18, 2008 meeting.

3) Headless Horseman Entities

420 North Broadway

Proposed site presentation–

There was an open discussion on the status of this application.
It was agreed that the Village’s Special Land Use Council would send a letter to the
applicant asking for a status report on the application. Ed McCarthy made a motion to
proceed with the letter. Nicholas Cicchetti seconded. It was unanimous (6-0).

4) Marco Arajuo

68 Beekman Avenue

Proposed mixed-use bldg

Luigi Demasi is representing this application on behalf of the owners.
Luigi Demasi gave a summary of the recent Zoning Boards meeting.
Sean McCarthy stated that the adjacent property owners are willing to investigate
providing access through their property to the rear of the subject property.
Luigi Demasi gave a sketch of a possible parking plan in the rear of the property. The
plan provides for 6 parking spaces and no loading dock. He stated that 14 parking spaces
and a loading dock are required.
The Chair stated that the applicant should continue to explore this option.
Sean McCarthy stated that the proposed plan includes 3 apartments. He stated that the
APPROVED - Planning Board Meeting, November 20, 2008

3

�ZBA is looking for feedback from the Board regarding the additional dwelling unit and
the additional floor.
Angelo Bruzzo (70 Beekman Avenue) stated that he would be exposed to automotive
exhaust in the rear. He stated that his customers would not want to smell the fumes.
Nick Ward-Willis stated that the applicant should analyze other buildings in the area for
comparisons for bulk and occupancy.
This application was adjourned to the next meeting.

5) Korean Church of Westchester

242 North Broadway

Preliminary discussion -

Jeffrey Schmudeja is the attorney representing this application along with the owners.
Sean McCarthy summarized the Zoning Board’s approval.
The Chair stated that a public hearing should be scheduled for the December 18, 2008 meeting.
The public hearing was scheduled for December 18, 2008 meeting.

5) Fremont Pond

Peabody Field

Forebay Construction -

Nick Ward-Willis stated that Dolph Rotfeld has provided revised plans to the Village. He
stated that a public hearing can be scheduled.
The public hearing was scheduled for the Board’s December 18, 2008 meeting.
Hugh Jones stated that Philipse Manor Improvement Association (PMIA) should be noticed.

6) Village Trustees work session
The Chair stated that the Village Trustees have requested that the Planning Board attend a
meeting on December 2, 2008 at 7pm.

7) Approval of minutes –
The minutes from the October 2008 meeting were reviewed.
APPROVED - Planning Board Meeting, November 20, 2008

4

�Ed McCarthy made a motion to approve the minutes as submitted. Nicholas Cicchetti
seconded. It was unanimous (6-0).

Adjourned at 9:05 PM

APPROVED - Planning Board Meeting, November 20, 2008

5

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                    <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING -APPROVED
December 18, 2008
The meeting was called to order at 8:00 pm by Chairman, David Perlmutter. The Chair
noted that a quorum was present.
Present:

David Perlmutter, Chairman
Gary Malunis
Matt McLaren
Nicholas Cicchetti
Hugh Jones
Ed McCarthy
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)
Nick Ward-Willis (Keane &amp; Beane/Village Special Land-Use Counsel)
Shailesh Naik (Charles Manganaro/Village Engineer)

Announcements –
None.

Proposed Agenda:
1) Phipps/Jacobsen
22 Farrington Avenue
2) Fremont Pond
Peabody Field
3) Korean Church of Westchester
242 North Broadway
4) Marco Arajuo
68 Beekman Avenue
6) Village Trustees work session
7) Approval of the October 2008 minutes

1) Phipps/Jacobsen

22 Farrington Avenue

Sub-division
Forebay Construction
Preliminary discussion
Proposed mixed-use bldg

Sub-division

Thomas and Jana Phipps are representing this application along with David Jacobsen.
Thomas Phipps stated that this application was previously approved. He stated that they
missed the filing deadline so the approvals have expired.

�The Chair opened the public hearing.
Since there were no public comments, the Chair closed the public hearing.
George Tanner made a motion to approve the sub-division application. Matt McLaren
seconded. It was unanimous 7-0.

2) Korean Church of Westchester

242 North Broadway

Preliminary discussion -

Jeffrey Schmudeja is the attorney representing this application along with the owners.
Jeffrey Schmudeja summarized the Zoning Board’s approval. He stated that there is a parking
agreement between the Tarrytown school district and the applicant.
The Chair opened the public hearing.
Since there were no public comments, the Chair closed the public hearing.
Hugh Jones asked about the interior improvements.
Jeffrey Schmudeja gave an overview of the proposed improvements.
George Tanner made a motion to adopt the draft Resolution. Nicholas Cicchetti
seconded. It was unanimous 7-0.

4) Marco Arajuo

68 Beekman Avenue

Proposed mixed-use bldg

This is a continuation from the previous meeting.
Luigi Demasi is representing this application on behalf of the owners.
Luigi Demasi gave a summary of the recent renovations. He stated that the ZBA meeting
was cancelled last night so the variances have not yet been approved. He submitted
revised drawings to the Board.
Luigi Demasi stated that the building was scaled down from three floors to two floors.
The Chair asked if the Board had any questions.
George Tanner asked about acquiring any parking spaces.
Luigi Demasi responded there was no such opportunity. He stated that the required
parking spaces have been reduced to 14 spaces.
Sean McCarthy stated that the building was originally proposed to be longer. He stated
APPROVED - Planning Board Meeting, December 18, 2008

2

�that the applicant was requested to study the possibility of developing a parking plan in
the rear of the property. He stated that the owner can accommodate some parking on his
lot but accessing the area is restricted.
George Tanner made a motion to recommend to the ZBA that the plan is acceptable.
Matt McLaren seconded. It was unanimous (7-0).

4) Laurentino Rodrigues

172 Valley Street

Proposed mixed-use building -

Laurentino Rodrigues is the owner and is representing this application along with
architect, Luigi Demasi.
Sean McCarthy gave an overview of the proposed density at the site.
Laurentino Rodrigues stated that based on the economics of the property, he needs to
develop 4 apartments to profit from the project.
George Tanner asked if the proposed use could change to single-use instead of mixeduse. He stated that the property could be changed to office.
Sean McCarthy responded that the parking requirements would be about the same.
Laurentino Rodrigues responded that office space on Valley Street would be difficult to
rent.
George Tanner made a motion to refer the applicant to the ZBA. Ed McCarthy seconded.
It was unanimous (7-0).

5) H. Molina

49-51 Chestnut Street

New 2-family residence -

Henry Molina is the owner of this property and is representing this application.
Henry Molina stated that the site plan has expired since the work had not started due to
financial reasons. He is requesting that it be renewed.
Sean McCarthy stated that the zoning variances have also expired.
George Tanner made a motion to refer the applicant to the ZBA. Gary Malunis seconded.
It was unanimous (7-0).

APPROVED - Planning Board Meeting, December 18, 2008

3

�6) Phelps Hospital Center

701 North Broadway

Amended site plan -

Andy Tung is representing this application along with Keith Safian.
Andy Tung spoke about the Master Plan of Phelps Hospital. He gave an overview of the
recent improvements at Phelps Hospital. He spoke about the improvements to the storm
water management systems near the expanded Robin’s Nest Day Care and the
Emergency Room access improvements. He stated that these improvements will be made
in the near future but the hospital can still continue to function until these improvements
can be completed in the near future.
The public hearing was scheduled for the January 2009 meeting.

7) Headless Horseman Entities

420 N Broadway

Proposed site presentation –

Sam Vieira is the project architect and is representing this application along with owner.
Sam Vieira gave an overview of the proposed site improvements. He spoke about the
proposed seating area and the retail section.
Wayne Jeffers stated that the current fueling island is longer. He stated that the proposed
pump area is called a dog bone. He stated that the proposal will eliminate the pump
closest to the building and the associated island.
Sam Vieira responded that barriers could be added to help keep the site safe.
George Tanner asked about the relocation of the diesel pump.
Wayne Jeffers responded that the diesel pump will be added to the existing pump jacket.
The Chair asked if the property boundaries have been settled.
Wayne Jeffers responded that the title company is working on it.
Hugh Jones asked if all issues with the 2-story building have been addressed.
Wayne Jeffers responded that the lifts have been removed back in 1990. He stated that
there are no environmental issues with the site.
George Tanner asked if a permit was obtained for the propane storage tanks.
Sean McCarthy stated that the entire site is before the Board for review.
George Tanner made a motion to have the Building Inspector issue a Cease &amp; Assist
order to stop the owner from selling propane gas. Hugh Jones seconded. The motion
was denied (2-5).
APPROVED - Planning Board Meeting, December 18, 2008

4

�It was agreed that the Building Inspector, Village Planner and project architect would
meet and narrow the outstanding issues.
This was adjourned to the next meeting.

8) Fremont Pond

Peabody Field

Forebay Construction -

Dolph Rotfeld is representing this application on behalf of the Village.
The Chair opened the public hearing.
Dolph Rotfeld gave a brief history of the application and the work performed at Fremont
Pond. He stated that the settling pond is currently operating very effectively. He stated that
three new crossings were recommended to be built from the wetlands consultant.
George Tanner made a motion to continue the public hearing and to refer the application to
WAC. Matt McLaren seconded. It was unanimous (7-0).

9) Master Planning Committee The Chair made a motion to nominate Nicholas Cicchetti and Hugh Jones to the Village
Master Planning Committee. Tanner seconded. It was unanimous (7-0).

10) Approval of minutes –
The minutes from the November 2008 meeting will be reviewed at the next meeting.

Adjourned at 9:19 PM

APPROVED - Planning Board Meeting, December 18, 2008

5

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