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                    <text>Village of Sleepy Hollow
Planning Board Meeting
January 18, 2018
The regular meeting was called to order at 8:17 PM by Chairwoman Lisa Santo.
Present:

Lisa Santo, Chairwoman
Mathew Brennan
Ed McCarthy
Gordon Swartz
Carl Aridas

Absent:

Kersten Harries
Anthony DelVecchio

Also Present:

Sean McCarthy, Village Architect
Clinton Smith, Village Attorney
David Smith, Village Planner
James Natarelli, Consulting Engineer
Anthony Catalano, Consulting Engineer

Agenda:
1) Marcos Lozano, 30 Andrews Lane, Residential development, Site plan approvalContinued public hearing
2) Sleepy Hollow Local Development Corporation, 60 Continental Street, Amended
filling and operations permit- Presentation
3) Lighthouse Landing Communities LLC, 199 Beekman Avenue, Phase I subdivision
Final plot- Presentation
4) Lighthouse Landing Communities LLC, 199 Beekman Avenue, Phase I site plan
amendments- Presentation
5) 172 Valley Street Realty LLC, 172 Valley Street, Site plan approval- Discussion
6) 188 Cortlandt Street, 188 Cortlandt Street, Change of use- Discussion
7) Mobilitie, LLC, Cellular antenna sites, Special permit- Discussion
8) Ichabod's Landing, River Street, Site plan amendment- Preliminary presentation
9) Brooklyn Global, LLC, 228 North Washington Street, Change of use- Preliminary
presentation
10) The Salvation Army of Greater New York, 86-96 Valley Street &amp; 115 Wildey Street,
Community Center and Chapel, Site plan approval extension- Resolution
11) Approval of Minutes, August 10, 2017; November 16, 2017
1) Marcos Lozano, 30 Andrews Lane, Residential development, Site plan approvalContinued public hearing
Motion was made to open the public hearing.
Moved: Swartz
Seconded: Aridas

Vote 5-0

�Chis Mas lives at 29 Kendall Avenue and questioned if amendments to the plans have been
submitted. Ms. Mas also asked if the architect is required to provide more information than what
is required by the code.
Chairwoman Santo solicited comments from the Board.
There were no additional comments.
Motion was made to close the public hearing.
Moved: McCarthy
Seconded: Aridas

Vote 5-0

Chairwoman Santo stated that the applicant has been asked repeatedly to submit information to
the Board which has not been received; and the applicant was informed after the November
meeting to appear at the January meeting, or the Board would take action to close the public
hearing and the application. Ms. Santo added that it has been an imposition to have the public
continue to come out and not have action and the answers to the engineering comments from the
applicant.
Motion was made to dismiss the application.
Moved: McCarthy
Seconded: Aridas
Lisa Santo, Chairwoman-yes
Mathew Brennan-yes
Ed McCarthy-yes
Gordon Swartz-yes
Carl Aridas-yes
VOTE: 5-0

APPLICATION DISSMISSED

2) Sleepy Hollow Local Development Corporation, 60 Continental Street, Amended filling
and operations permit- Presentation
Mayor Ken Wray lives at 1 Riverside Drive and is a member of the Sleepy Hollow Local
Development Corporation. Mayor Wray stated that the LDC is requesting that the Board
schedule a public hearing for site plan approval of the Phase I portion of the East Parcel
development plan. Mayor Wray outlined the Phase I scope of work including the filling
operations and utility relocation.
David Weiss is an engineer with WSP USA, Inc, the project engineers for the site development.
Mr. Weiss reviewed the status of the fill operations and explained that the first phase of the
ground improvement program will include surcharging the sites of the DPW and central plaza.
Mr. Weiss described the scope and sequence of the Phase I site plan work. First, the utilities will
be relocated. The 20 inch tile sanitary sewer pipe will be relocated from the eastern side of the
property and a new 24 inch ceramic, epoxy coated, ductile iron pipe will be installed in the road
in front of the DWP site. The new pipe has been designed to withstand the surcharge loads and

�will be supported by piles. After the sewer is relocated, the existing 18 inch water main will be
replaced. A temporary above ground bypass pipe will be installed outside of the surcharge area.
The pipe will be insulated and heat-traced to prevent freezing. The bypass pipe will remain for
approximately six months until the surcharging is complete, then a new 18 inch pipe will be
installed below the new road. The second part of the Phase I work includes the installation of
wick drains. The wick drains are a mechanism that relieves water pressure that builds up when
the earth is compressed due to the surcharging procedure. The third part of the Phase I work is
the placement of the fill material and monitoring. 150,000 cubic yards of material is expected to
be placed on the surcharge areas resulting in settlement between 7 to 52 inches. The fill material
will be stabilized, hydro seeded, and left to settle for at least six months. Mr. Weiss stated that
revised plans will be submitted by January 29 th and requested that the Board hold a public
hearing at the February Planning Board meeting.
Gordon Swartz questioned if the fill material is currently being brought to the site.
David Weiss replied that the filling operations are on hold until the spring.
Mayor Ken Wray stated that the fill material and delivery has been free but it still costs $4.75 per
yard for monitoring and environmental services.
Gordon Swartz questioned how much material is on the site and how much more material will be
needed due to settlement.
Dave Weiss responded that 150,000 cubic yards are needed for the fill program and they expect
that there will be approximately 30,000 cubic yards that will be removed from the Phase I
surcharge areas and used throughout the balance of the site.
Mathew Brennan questioned what the timeline for the development of the site is.
Mayor Ken Wray replied that site preparation will continue from 2018-2019 before any
foundations go in.
Motion was made to schedule a public hearing for February 22, 2018.
Moved: Swartz
Seconded: McCarthy

Vote 5-0

3) Lighthouse Landing Communities LLC, 199 Beekman Avenue, Phase I subdivision
Final plot- Presentation
Mark Weingarten is a partner in the law firm of DelBello Donnellan Weingarten Wise &amp;
Wiederkehr, LLP representing Lighthouse Landing Venture, LLC. Mr. Weingarten stated that
Lighthouse Landing Ventures is a joint venture between Diversified Realty and the Suncal
Companies. Mr. Weingarten outlined the overall project program and stated that the Riverfront
Development Concept Plan was approved in 2011 and the Planning Board approved the Phase I
Site Plan and Subdivision in November of 2015. Mr. Weingarten explained that the Phase I plan
subdivided the site into 9 building lots and now they seek to further subdivide the 9 lots into 25
lots. The 25 lots will be able to stand alone and enable separate financing. Mr. Weingarten stated

�that the Preliminary Subdivision was granted on October 19, 2017 and is now requesting Final
Subdivision approval.
Andrew Tung is from Divney Tung Schwalbe. Mr. Tung stated that the plans have been revised
to include information required by the Village and Department of Health in order to file the Final
Subdivision plan. The description of easements are being coordinated and will be corrected on
the plans. Mr. Tung stated that he believes the Final plan is in substantial conformance with the
Preliminary Plot Plan.
Chairwoman Santo stated that there was some issue with utilities on the plans.
Andrew Tung replied that the location of the gas lines were shown on the Preliminary plan but
were installed by Con Edison below the streets and sidewalks.
Chairwoman Santo stated the Planning Board received a letter from Craig Tompkins and
questioned if Mr. Tompkins has the authority to sign on behalf of Lighthouse Landing LLC and
Lighthouse Landing Communities LLC.
Mark Weingarten replied that Mr. Tompkins has the authority but stated that they would
substitute the letter with one signed by one of the principals of the company.
Clinton Smith read the letter from Craig Tompkins.
Gordon Swartz questioned the wording, "diligent best efforts to relocate" in the letter and stated
that the language leaves a gap as to whether the work will be effectuated.
Mark Weingarten replied that they don't want the gas valves placed where they are either but
that they can't force Con Edison and Con Ed ultimately makes the decision. Mr. Weingarten
stated that they will work with the Village and Con Edison, and use their best efforts to cause the
correction to occur.
Jonathan Stein stated that they will address the issue and use their best efforts to correct the
problem.
David Smith read the draft resolution modification addressing the gas valve relocation. The
resolution now states that prior to acceptance of any roadway, Lighthouse Landing Venture will
update the final plat to relocate the gas valves previously installed in crosswalks to the locations
previously approved by the Village.
Motion was made to approve the resolution as amended.
Moved: Swartz
Seconded: McCarthy
Lisa Santo, Chairwoman-yes
Mathew Brennan-yes
Ed McCarthy-yes
Gordon Swartz-yes

�Carl Aridas-yes
VOTE: 5-0

APPROVED

4) Lighthouse Landing Communities LLC, 199 Beekman Avenue, Phase I site plan
amendments- Presentation
Andrew Tung is from Divney Tung Schwalbe. Mr. Tung introduced James Fitzpatrick and Casey
Devlin from Toll Brothers, Inc., the contract vendee for Blocks J, E and I.
James Fitzpatrick is the President of Toll Brothers, Inc. and Casey Devlin is the Vice President
of Land Development for Toll Brothers, Inc. Mr. Fitzpatrick described the Company, their recent
achievements, and stated that they have constructed 23 communities in New York and have been
in business for 20 years.
Andy Tung outlined the Phase I development and stated that the proposed amendments only
effect Block J. Mr. Tung referred to a drawing showing the approved site plan with an overlay
of the proposed changes. The proposed changes include closing off two driveway entrances,
leaving two vehicular access points to the internal driveway of the complex.
Carl Aridas questioned how emergency vehicles would access the site.
Andy Tung replied that there would still be a loop road to provide access. Mr. Tung added that
they plan on meeting with the emergency service responders to show them the amended plan.
There were no additional comments.
No action was taken.
5) 172 Valley Street Realty LLC, 172 Valley Street, Site plan approval- Discussion
William Simeoforides is the Architect for the project representing 172 Valley Street Realty LLC.
Mr. Simeoforides presented and reviewed the architectural plans for the project. The project
includes the construction of a two-story, two-family house on a vacant parcel. Each apartment is
1,000 square feet with three bedrooms. Since the last meeting in October, the front windows
were made larger and landscaping was added to the site plan.
Ubadah Abdullah is an engineer from Hudson Engineering. Mr. Abdullah stated that he has
revised the site plan drawings to address the Village Engineers comments. The changes include
the installation of two additional Cultec drainage basins, inspection port, and details for the
sidewalk and sewer connection.
Chairwoman Santo stated that she received an email message from an absent Board member who
suggested adding trees along the street.
William Simeoforides replied that trees were shown along Depeyster Street on the last plan.

�There was a discussion regarding the existing street trees and space required to plant new trees.
Sean McCarthy recommended that the applicant investigate the existing sidewalk conditions and
submit a proposal to add trees along Valley Street and Depeyster Street.
Motion was made to schedule a public hearing for February 22, 2018.
Moved: Aridas
Seconded: McCarthy

Vote 5-0

6) 188 Cortlandt Street, 188 Cortlandt Street, Change of use- Discussion
Mark Blanchard is an attorney from Blanchard &amp; Wilson, LLP and is representing the property
owner. Mr. Blanchard wanted to update the Board and stated that they are working on finishing
the site plan in order to submit the formal application for next month's meeting.
Chairwoman Santo questioned what the proposed change of use is.
Mark Blanchard responded that the tenant is Barrier Contracting and they would like to set up
their administrative offices at the location and store two commercial vans in the garage located
on Chestnut Street.
There were no additional comments.
No action was taken.
7) Mobilitie, LLC, Cellular antenna sites, Special permit- Discussion
Paul Costa is the property manager for Mobilitie, LLC. Mr. Costa stated that they have been
working with the Village Board of Trustees to develop a franchise agreement for the installation
of the small cell sites throughout the Village. Mr. Costa is requesting the Board to schedule a
public hearing on the application.
Dave Smith questioned the purpose of the signage on the poles where the structures are located.
Paul Costa responded that the signage is standard for the industry and is intended for workers
that will be servicing the equipment. Mr. Costa added that they are well below the FCC exposure
limits and have provided emission reports.
James Natarelli stated that the plans will need to include traffic controls for each site. The details
shall follow the Uniform Traffic Control manual.
Carl Aridas questioned why power is being taken from across the street on Hudson Terrace
instead of using the pole across the street where the power already exists.
Paul Costa replied that he will consult with Con Edison to design how power will be supplied to
the antenna.

�There were no additional comments.
Motion was made to schedule a public hearing for February 22, 2018.
Moved: Brennan
Seconded: Swartz

Vote 5-0

8) Ichabod's Landing, River Street, Site plan amendment- Preliminary presentation
Richard Hughes is the President of Ichabod's Landing Sleepy Hollow and a member of the
homeowner's association board. Mr. Hughes stated that the scope of the project is to construct a
storage shed on the property. The structure will be located adjacent to Horan's Landing, about 50
yards from the water. The purpose of the shed is to store landscaping equipment.
Mathew Brennan confirmed that the shed is for the entire Ichabod's complex and that no
individually owned sheds will be proposed at a later date.
Chairwoman Santo inquired if anything else is required.
Dave Smith stated that the level of detail submitted on the plans does not provide enough
information for the Board to make a decision. The plans need to show the relationship to the
water, flood plain information, and landscaping.
James Natarelli stated that the location of the shed will need to be shown on the survey, showing
the dimension of the structure to the property line.
Carl Aridas stated that the Board will need to know how the structure is anchored to the ground
and if there are any underground utilities in the area.
There were no additional comments.
No action was taken.
9) Brooklyn Global, LLC, 228 North Washington Street, Change of use- Preliminary
presentation
Sam Vieira is the architect for the project representing Diana and Alexander Rus. Mr. Vieira
stated that the building was formally owned by the VFW and was used as their headquarters and
as a gathering and meeting space. Mr. Vieira displayed the floor plans of the building and
described the scope of work on each level.
Diana Rus read a statement included herein.
[Insert statement]
Sam Vieira stated one of the concerns of the Planning Boards will be parking. Mr. Vieira stated
after meeting with Sean McCarthy to review the work that will be required to bring the building
up to code, he determined that the lower level will be limited to 49 people and the upper level

�can accommodate up to 250 people. Mr. Vieira calculated that 22 parking spaces will be required
based on the occupant load.
Chairwoman Santo stated that parking is a problem. Ms. Santo questioned what will be the hours
of operation.
Alexander Rus replied that most of the events will happen in the evening.
Gordon Swartz questioned if the owners are a not-for-profit corporation.
Alexander Rus replied that they are for-profit.
There was a discussion regarding the lack of parking in the downtown area and the procedures
for obtaining approvals for existing buildings that do not have off street parking.
The discussion continued regarding similar uses and parking issues in Tarrytown and Irvington.
There were no additional comments.
No action was taken.
10) The Salvation Army of Greater New York, 86-96 Valley Street &amp; 115 Wildey Street,
Community Center and Chapel, Site plan approval extension- Resolution
Motion was made to add the Salvation Army application to the agenda.
Moved: Swartz
Seconded: McCarthy

Vote 5-0

Motion was made to approve a resolution to grant a Site Plan approval extension that will expire
on March 31, 2018.
Moved: Aridas
Seconded: Swartz
Lisa Santo, Chairwoman-yes
Mathew Brennan-yes
Ed McCarthy-yes
Gordon Swartz-yes
Carl Aridas-yes
VOTE: 5-0

APPROVED

11) Approval of Minutes- August 10, 2017; November 16, 2017
The minutes of August 10, 2017 and November 16, 2017 were tabled.
At 10:04 PM Chairwoman Santo made a motion to go into executive session with the
expectation that no action will be taken and that the meeting will be adjourned immediately after.
Moved: Santo
Seconded: Swartz
Vote 5-0
At 10:10 PM a motion was made to adjourn the executive session.

�Moved: Swartz
The meeting was adjourned at 10:10 PM

Seconded: Aridas

Vote 5-0

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                    <text>Village of Sleepy Hollow
Planning Board Meeting
February 22, 2018
The regular meeting was called to order at 8:00 PM by Deputy Chairman Gordon Swartz.
Present:

Carl Aridas
Edward McCarthy
Gordon Swartz
Mathew Brennan

Absent:

Lisa Santo, Chairwoman
Kersten Harries
Anthony DelVecchio

Also Present:

Sean McCarthy, Village Architect
Clinton Smith, Village Attorney
David Smith, Village Planner
James Natarelli, Consulting Engineer

Agenda:
1) Sleepy Hollow Local Development Corporation, 60 Continental Street, East Parcel
Development Plan- Phase 1 site plan- Public hearing
2) Mobilitie, LLC, Cellular antenna special permit- 46 Pocantico Street, 16 Hudson
Terrace, 227 North Washington Street- Public hearing
3) 172 Valley Street Realty LLC, 172 Valley Street, proposed two-family residencePublic Hearing
4) Apple Maintenance Services, Inc. ,42 River Street, proposed change of usePreliminary presentation
5) Roy &amp; Joan Behren, 15 Pokahoe Drive, proposed one-family residence- Preliminary
presentation
6) Toll Brothers, Inc. Edge-on-Hudson Riverfront Development, 199 Beekman Avenue,
Phase I, Block J site plan amendments- Presentation
7) Lighthouse Landing Communities LLC, Edge on Hudson Riverfront Development,
199 Beekman Avenue, Phase II infrastructure site plan -Preliminary presentation
8) Approval of Minutes, August 10,2017; November 16,2017; January 18,2018
1) Sleepv Hollow Local Development Corporation, 60 Continental Street, East Parcel
Development Plan. Phase I, site plan
Motion was made to open the public hearing.
Moved: Brennan
Seconded: Aridas

Vote 4-0

�David Weiss, with WSP USA Inc. and ihe Project Engineer for the site development of Phase I
of the East Parcel, including ground improvements, the relocation of the sewer line, and the
temporary relocation of the water main. Mr. Weiss stated that they have addressed the concerns
from Woodard and Curran and noted that in some locations the water main will be installed
above grade. It has been noted that in some areas, the water pipes will be buried underground to
allow access on the site.
Motion was made to open the public hearing.
Moved: Brennan

Seconded: Aridas

Vote 4-0

There were no public comments.
Deputy Chairman Swartz solicited comments from the Board.
Carl Aridas questioned if temporary bridging will be built to be sure that underground piping
would be protected and have barriers to avoid commercial vehicles from backing over pipes.
David Weiss assured the board that the water pipe would be wrapped with insulation and clearly
flagged with fencing, as necessary to avoid accidental damage; and that it will be noted on the
construction plans to include the necessary fencing and barriers.
Motion was made to close the public hearing.
Moved: McCarthy
Seconded: Aridas

Vote 4-0

Motion was made to approve the resolution as drafted.
Moved: McCarthy
Seconded: Aridas
Mathew Brennan-yes
Ed McCarthy-yes
Gordon Swartz-yes
Carl Aridas-yes
VOTE: 4-0

APPROVED

2) Mobilities LLC, Cellular antenna special permit, 46 Pocantico Street, 16 Hudson
Tcrrace, 227 North Washington Street -public hearing
Paul Costa is the Permitting Manager for Mobilitie, LLC. He presented a power point
presentation to the public to explain the special permit for the permission to install small cell
wireless sites within the Village's Right-of-Way located at 46 Pocantico Street, 16 Hudson
Terrace and 227 North Washington Street. The sites will be used by the Sprint Corporation with
the intent to increase capacity and improve the coverage areas. Mr. Costa stated that the power
issue at the Hudson Terrace location has been resolved by moving the antenna to a nearby pole
in order to avoid wires crossing the street.
Motion was made to open the public hearing.
Moved: McCarthy
Seconded: Aridas

Vote 4-0

�Deputy Chairman Swartz requested the public express their opinions by proposed street locations
and asked if there was anyone from the Pocantico Street area that would like to speak.
Karen Buchi lives at 44 Pocantico Street and questioned if there are environmental concerns and
is it safe for children since the location is right near a school bus stop. Ms. Buchi questioned
what RF waves would be transmitted and who determined that there is a high demand in the
particular location. Ms. Buchi stated that it would be better served in a remote location.
Erika Miller lives as 48 Pocantico Street and questioned how many consumers will benefit from
the project and if there are any FCC concerns. Ms. Miller asked how it will be monitored to be
sure it is safe, and what the revenue benefits would be to the Village. She asked if the permit is
approved, will there be future restrictions in place to prevent other carriers from adding more
cells to other locations. Ms. Miller commented that she believes there should be studies to
determine the long term effects of energy released from the cells and that there should be yearly
reports completed.
Michael Capello lives at 44 Pocantico Street and he stated that the proposed cell location would
line up with his bedroom window 150 ft. away. Mr. Capello objected to seeing it outside his
window and questioned the possible FCC damages.
Mr. Capello stated his concerns on the Board being comfortable allowing this project to be
approved.
Deputy Chairman Swartz explained that the purpose of a public hearing is to weigh the concerns
and comments from the public and assured him that no permits have been approved or issued.
Deputy Chairman Swartz asked if there were any other comments for the Pocantico Street area.
There were no additional comments.
Deputy Chairman Swartz solicited comments for the 16 Hudson Terrace location.
Inessa Blizetsova lives at 39 Hudson Terrace and stated that she was against the approval and the
installation of the units, and that there hasn't been enough time to study the effects from the cell
devices.
Matthew Monks lives at 12 Hudson Terrace and asked for Mr. Costa to explain the relocation of
the unit proposed to a different pole due to Con-Ed wire crossing the street. Mr. Monks stated he
was concerned on whether they could move other locations without permission, and cell
installations would decrease his property value. He asked what the noise level would be and if
there was a structural analysis and surveys submitted that prove the poles could handle the added
weight loads. Mr. Monks asked if there was a traffic plan in place for the installation. He asked if
cells will handle 4G and 5G and if there is the likelihood that more cells will be needed in the
fiiture. Mr. Monks questioned if other neighboring towns, like Tarrytown, have approved the
devices and a permit for a franchise license. Mr. Monks asked if all future modifications will
require the same approval process if permitted to move forward with this project. Mr. Monks

�questioned Paul Costa's experience in the installation of the cell antennas and wanted to know if
he follows through to be sure the contractor installations are completed correctly.
Paul Costa replied that all future modifications would need approvals to move forward and that
he handles the permits only, and that there are trusted construction teams used for the
installations. Mr. Costa also confirmed that they have not received any approvals from the
neighboring towns yet. Mr. Costa also stated that there would be a traffic plan submitted.
Carol Manca lives at 16 Hudson Terrace and stated that she is concerned that the proposed cell
site is 20 feet, from her house; and wanted to know if the noise would force her to close her
windows in the summer time. Ms. Manca stated that she was concerned that her property value
would decrease and that the water shed views may be disturbed.
Alejandro Choppi lives at 15 Hudson Terrace and stated that he is concerned about the cell site
being 50 feet, from his home. He questioned if the cells are safe for children. He questioned if
his property value would decrease and if there will be a need for more installations in the future.
Peter Lorenzo lives at 19 Hudson Terrace and questioned who benefits from this project, and if
both Con Edison and the Village get a check. Mr. Lorenzo stated that he did not see a tangible
reason for these cells.
David Michael lives at 45 Hudson Terrace and questioned what the revenue benefits would be
for the Village. Mr. Michael stated that he fears that the approval was a done deal already.
Deputy Chairman Swartz reiterated that this is a public hearing and that nothing has been
approved. The reason for a public hearing is to listen and weigh the concerns of the community.
Mr. Swartz stated that this is a process and that the members of the Planning Board are
volunteers who have the same interests of the Village. Mr. Swartz stated that nothing is a "done
deal" and that they will continue the public hearing until all questions and concerns are resolved.
Mr. Swartz also stated that only the Board of Trustees can address the revenue figures and that
the Planning Board does not have that information.
Deputy Chairman Swartz solicited comments for the 227 North Washington Street location.
There were no public comments.
Deputy Chairman Swartz solicited comments from the Board.
Ed McCarthy asked what is to stop another carrier from adding additional cells.
Carl Aridas stated that from the documentation he has reviewed, the FCC requires cell
installation to be a minimum height of 17 feet, and that no units will be installed below 6 feet.
The power report reads that energy released is less than 1 percent of allowable and that the
further you get away from the device in a parallel level, the RF waves are reduced by 1 /100,000.
Mr. Aridas stated that property values should not go down as only the larger towers have been
reported to do so. He also stated that he has been around several of these cells in the city and that

�they are totally silent. Mr. Aridas stated that the reports indicate there are no micro waves
released from the cells and that the river views will not be interrupted when the units are
installed at the required heights.
David Smith suggested that an independent engineering firm be hired to verify the environmental
reports.
Clinton Smith agreed on the hiring of an independent engineer to verify the environmental
reports submitted and suggested we get estimates before making a decision. Mr. Smith stated that
there should be a discussion on the traffic control plan before the next hearing.
Motion was made to adjourn the public hearing to the March 22, 2018 meeting.
Moved: McCarthy
Seconded: Aridas

Vote 4-0

3) 172 Valley Street Realty LLC. 172 Valley Street Proposed two-family residence
Public Hearing
Motion was made to open the public hearing.
Moved: Swartz

Seconded: Aridas

Vote 4-0

The applicant and representatives were not present.
There were no public comments.
Motion was made to adjourn the public hearing to the March 22,2018 meeting.
Moved: Swartz
Seconded: Aridas

Vote 4-0

4) Apple Maintenance Services.. Inc., 42 River Street, Proposed Change of UscPreliminarv Presentation
Manuel Aguiar is the contract vendee to purchase the 42 River Street property. He presented his
proposed plan for the renovation of the ground floor for offices and storage area for his
commercial cleaning business, and to rent the second floor offices as they currently exist. Mr.
Aguiar confirmed that he doesn't officially own the property yet, but brought up several
concerns he has in regards to moving forward with ownership. Mr. Aguiar stated that he is
concerned about unresolved violations in the building and the ownership of the easement next to
the Department of Public Works site. Mr. Aquiar stated that he will be requesting more
information from the Building Department and that he will get a title search completed.
Deputy Chairman Swartz questioned as to whether or not it was premature to come before the
Board when the building is not owned yet.
Clinton Smith stated that he agreed that it was OK to present early and advises that they take it
slow before they request a public hearing. Mr. Smith also explained to Mr. Aguiar that this
property will require a special permit fi'om the Board of Trustees since the property is in the
waterfront overlay district.

�Sean McCarthy stated a title search would be required.
James Natarelli questioned Mr. Aguiar how many parking spaces will be needed.
Manuel Aguiar stated that he has 4-5 employees with cars, and needs spaces in the back for as
many as 7-8 company vans for deliveries. He stated he will complete a title search to get more
information before moving forward.
No action was taken.
5) Rov &amp; Joan Behren, 15 Pockahoe Drive. Proposed one-familv residence- Preliminary
Presentation
Craig Flaherty is the Project Engineer with Redness and Meade. Mr. Flaherty presented the
plans for the proposed one-family residence including the storm water plans and site plan. Mr.
Flaherty confirmed that they are proceeding with the wetland permit as required.
Gary Chase is Project Architect with Vita Design Group. Mr. Chase presented the house plans
and reviewed construction materials and grade change intentions.
Deputy Chairman Swartz solicited comments from the Board.
Carl Aridas asked how many trees will be removed for this project and asked why the proposed
house lower level show zero square feet for the basement level. Mr. Aridas stated that he thinks
the basement needs to be counted in the Floor Area Ratio. Mr. Aridas stated the house would be
8,000 square feet if the basement was counted.
Edward McCarthy asked if they were keeping any of the larger trees.
Craig Flaherty stated that the plan calls for 19 trees to be removed, all of which are 8" diameter
or larger; and stated that he didn't count the square footage of the basement area according to the
Code of the Village since this space is considered a cellar not a basement.
Deputy Chairman Swartz questioned where Mr. Flaherty was getting the codes from.
Gary Chase stated they are quoting the Codes of the Village Sleepy Hollow and read the code for
Habitable Space Regulations.
Joan Behren is the ouner of 15 Pockahoe Drive and clarified that house was not an 8,000 square
foot house.
Carl Aridas asked if the water views are protected from the east side neighbors.
Sean McCarthy stated that the river views are not protected from the private property. The views
from the street are protected according to the LWRP.

�Edward McCarthy asked how they plan on handling contractors, deliveries, and backhoe
equipment as the road does not allow for parking on the street.
Gary Chase acknowledged and confirmed that the front yard will need to be used for all parking
for the workers and deliveries will be temporary in and out of the neighborhood.
Deputy Chairman Swartz commented that the school buses will need to go up and down the
street as well as the garbage trucks. Swartz asked if all the zoning rules and set back calculations
were reviewed and if any variances will be required.
Craig Flaherty took out the application and read back that all the calculations fit within the guide
lines and that no variances will be needed.
Deputy Chairman Swartz stated that if ZBA is not needed, they still need to confirm the
interpretation of the basement or cellar and resolve the area calculations.
Gary Chase questioned what will be next after the presentation if they get all the requested
information.
Deputy Chairman Swartz stated that they will be required to have a public hearing
No action was taken,
6) Toll Brothers. Inc. Edge-on-Hudson, Riverfront Development, 199 Beekman Avenue.
Phase 1, Block J site plan amendments- Presentation
Andrew V. Tung Is the Landscape Architect from Diveny Tung Schwalbe, LLP. He presented
the proposal to modify the designs for the 72 townhomes. Mr. Tung explained that there will no
change to the public streets or the park and that they are changing the grouping of the units to
create more mew pedestrian connections between the units. Mr. Tung stated the comer units will
also be slightly wider.
Deputy Chairman Swartz solicited comments from the Board.
Carl Aridas questioned how the garbage trucks would proceed through the complex and how the
comer units would be handled. He questioned storm water management and how the snow plows
would conduct snow removal.
Andrew Tung referred to a site plan drawing and explained the route showing how the turning
radius was figured to make sure the garbage and the fire truck could make the turns. Mr. Tung
stated that they would back up to service the units in the comers. Mr. Tung explained that the
snow removal would be handled by a private contractor as the roads within the complex were not
Village streets but privately owned.

�Sean McCarthy asked if any on-street parking spaces would have to be removed to allow for the
fire truck to access the property.
Andrew Tung confirmed that no spaces would be eliminated and that additional spaces may be
added.
Sean McCarthy commented that the easement areas will not be maintained by the Village.
Sean McCarthy asked what the interior unit mew connection distance was.
Andrew Tung responded with 45' wide or 1T wide at the turning points.
Edward McCarthy asked what specialty pavements were.
Andy Tung replied that specialty pavements is the material meant for walkways and muse
connections.
Deputy Chairman Swartz asked why they wanted to change from the original approved plan. Mr.
Swartz stated their job is to look at the variations and analyze why changes are made and if they
are ok. Mr. Swartz stated that they must learn to communicate in writing in a timely fashion and
that they need to respond to the consultants questions or the Board members in writing and be
prepared.
James Fitzpatrick is the President of Toll Brothers, Inc. James Fitzpatrick stated that the changes
are not substantial and all fall within the guidelines of what was proposed originally. He stated
that it is better to change the site plan now than to start construction and build what was not
approved or have to go back to the Board. He stated that units will continue to be 3 and 4 stories
as approved. He requested that they have a special meeting on March 8, 2018 to submit and
present additional information required to have a public hearing.
Deputy Chairman Swartz stated that he would not commit to them getting on the March 22nd
public hearing agenda until all questions were addressed at the March 8"* meeting.
Motion was made to continue the application to the special meeting on March S"' at 8:00 PM
Moved: McCarthy
Seconded: Aridas
Vote 4-0
7) Lighthouse Landing Communities^ LLC, Edge-on-Hudson Riverfront Development,
199 Beekman Avenue, Phase IL Infrastructure site plan-Preliminary Presentation
Peter Chavkin is the Managing Partner for Biddle Real Estate Ventures. Mr. Chavkin presented
the plan for the Phase 11 infi-astructure and streets plan. Mr. Chavkin stated that he is meeting
with the engineers next week in hopes to be able to file for the permit and start street
construction as early as April.
Craig Tompkins is the Project Manager for the Edge-on-Hudson Development and stated the
good news is that the gas valves that were discovered in the proposed cross walks are now being

�handled by Con-Ed and that they will be working on the relocation starting within the next two
weeks.
Motion was made continue the application to the special meeting on March s"^, 2018
Moved: Aridas
Seconded: McCarthy

Vote 4-0

8) Approval of minutes for August 10,2017, November 16, 2017, and January 18,2018
Motion was made to approve the minutes for August 10,2017 as per the submitted changes
by Clinton Smith.
Moved: Brenann
Seconded: McCarthy
Vote 4-0
Motion was made to approve the minutes for November 16, 2017.
Moved: Aridas
Seconded: Brennan

Vote 4-0

Motion was made to approve the minutes for January 18,2018 as revised by Clinton Smith.
Moved: Aridas
Seconded: McCarthy
Vote 4-0
Motion was made to adjourn the meeting at 10:30 PM.
Moved: Aridas
Seconded: Brenann
Motion was made to reopen the meeting at 10:37 PM
Moved: Aridas
Seconded: Swartz

Vote 4-0
Vote 4-0

Motion was made to schedule a public hearing for March 22, 2018 for the Toll Brothers, Inc.
application
Moved: Aridas
Seconded: McCarthy
Vote 4-0
Motion was made to adjourn the meeting at 10:39 PM.
Moved: Aridas
Seconded: Brenann

jSpectfiilK

Submitted,

Pamela Pe
Secretary to the Planning Board

Vote 4-0

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                    <text>RESOLUTION
Adopted at the February 22,2018 Meeting of the
Village of Sleepy Hollow Planning Board

^

RESOLUTION:

SITE PLAN APPROVAL

PROPOSED:

East Parcel Phase 1

LOCATION:

60 Continental Street

TAX MAP
DESIGNATION:

Section 115.11, Block I»Lots 2 and 85 (East Parcel)

ZONING:

RF - Riverfront District

WHEREAS, the Village of Sleepy Hollow (the "Village") established the Sleepy Hollow
Local Development Corporation (the "SHLDC'') as a not-for-profit local development
corporation with purposes and powers that include constructing, acquiring, rehabilitating for use
by others, and assist financially with the construction, acquisition, rehabilitation and
improvement, to maintain and/or lease such facilities on its behalf or for others within the
Village; and
WHEREAS, as part of the application processes and previous decisions and agreements
between the Village, Lighthouse Landing Ventures, LLC and its predecessors in interest, the East
Parcel (Section 115.11 Block 1 Lot 2 and Sect. 115.11 Block I Lot 85, generally the terminus of
Continental Street) (the "Project Site") was to be conveyed to the Village, or its designee; and
WHEREAS, the Village designated the SHLDC to receive the conveyance and take
ownership of the East Parcel; and
WHEREAS, by deed dated December 22,2014, and recorded under Control No.
543173286 on December 24,2014, the SHLDC received the conveyance and took ownership of
the East Parcel; and
WHEREAS, an application to grant a Special Permit (the "Special Permit") and approve
a Riverfront Development Concept Plan (the "Concept Plan") for the construction of a
Department of Public Works facility, active and passive recreation uses including but not limited
to an outdoor amphitheater with great lawn, a multipurpose sports field, skate park and sports

�courts, a community facility, parking, roadway improvements including but not limited to a
vehicular and pedestrian overpass from Continental Street to cross over adjacent Metro-North
train tracks, and at the Village's discretion, a proposed school district bus repair garage or other
Village related use(s) (collectively, the "Proposed Project") was made by the Sleepy Hollow
Local Development Corporation (the "LDC" or "Applicant") to the Mayor and Board of Trustees
(the "Village Board") of the Village of Sleepy Hollow (the "Village") and granted on or about
September 12, 2017; and
WHEREAS, as part of the Special Permit, the Board of Trustees completed its own
waterfront consistency review and found the proposed RDCP was consistent with the goals and
policies of the Village's Local Waterfront Revitalization Program (the LWRP);
WHEREAS, the Applicant recently Filed for and received a revised filling permit
(granted November 16,2017), so as to continue site preparation work and allow the placement of
fill at locations not originally identified as part of the initial fill permit; and,
WHEREAS, on or about December 21, 2017, a facially complete application for Site
Plan approval was filed with the Planning Board of the Village of Sleepy Hollow (the Planning
Board) (the Application) pursuant to the Village Zoning Ordinance, Article X, Site Plan review,
and to applicable laws and regulations considered pertinent to the Application, which is for
Phase 1 of the redevelopment of the East Parcel; and,
WHEREAS, Phase 1 includes the following: implementation of a ground improvement
program including the use of surcharging and wick drains to ready a portion of the Site for
development activities, relocation of two existing utility lines (water and sewer), placement of
fill necessary to construct a new Department of Public Works facility and the placement of fill
necessary for the construction of a portion of a new access-way out to Beekman Avenue
(hereinafter, the Phase I Improvements); and,
WHEREAS, the Planning Board reviewed and considered the Application at its
November 16,2017, January 18,2018 and February 22,2018 regularly scheduled meetings; and,
WHEREAS, on February 22, 2018, the Planning Board opened a public hearing on the
Application in which all members of the public were invited to attend and comment on the
Application and the public hearing was subsequently closed; and.

�WHEREAS, the Planning Board has reviewed the following materials:
•

Application package received December 21,2017 consisting of:
1. Executed Application Form
2. EAF long form
3. Coastal Assessment Form
4. Affidavit of Ownership

•

Preliminary Surcharge Program Plan prepared by WSP

•

Review memos dated January 17,2018 from Woodard &amp; Curran (W&amp;C);

•

February 16,2018 review memo from Planning &amp; Development Advisors;

•

Response letters from WSP on behalf of the LDC dated February 5,2018 to the
Planning Board with supporting documentation and plans;

•

Email correspondence from W&amp;C dated February 22,2018;

•

Site plan drawings submitted by the following with last revision date:
a. Cover Sheet, February 5, 2018 by WSP;
b. Utility Layout Plan Sheets 1-17 (UP 01 through UPI7) February 5,2018 by WSP;
c. Utility Details (UD-Ol and UD-02), February 5,2018 by WSP; by WSP
d. Sanitary Sewer Profiles (SSP-01 through SSP 03) February 5,2018;
e. Sanitary Sewer Bypass Plan (SSBP-01) February 5,2018 by WSP;
f. Surcharge Grading Plan (GP01-GP17) February 5,2018 by WSP;
g. Vertical Drains and Instrumentation Plan (GP18-GP21) February 5,2018 by
WSP;
h. Instrumentation Details (GP22 and GP23) February 5,2018 by WSP;
i.

Grading profiles and details (GPD-01) February 5,2018 by WSP;

j.

Erosion and Sediment Control Plans (ESCP-01 through ESCP17) February 5,
2018 by WSP;

k. Erosion and Sediment Control Details (ESCDl and ESCD 2) February 5,2018 by
WSP;
WHEREAS, pursuant to 6 NYCRR Part 617, the SEQRA regulations, the Planning
Board has made the following findings and caused, noted or conducted the following activities:
1. Received a completed application and application fee;

�2. Requested, received and considered comments from the Village Engineering
Consultant, Village Attorney, Village Planner and Building Inspector about the
proposed project which were provided in written form or discussed with the
Board during the course of the Planning Board meetings;
3. Requested, received and reviewed a long Environmental Assessment Form and
Coastal Assessment Form;
NOW, THEREFORE, BE IT RESOLVED, that having reviewed the entire record as
noted above, in relation to the previously approved Special Permit and Riverfront Development
Concept Plan, the Planning Board:
1.

Considered Section 450-16.A(2)(a) of the Village Code which covers site plan
review by the Planning Board and after a review of the documentation submitted
by the Applicant, the Planning Board finds that the Phase 1 Application meets the
riverfront development design standards set forth in Section 450-18 of the Village
Code;

^

2.

Considered Section 450-16,B(3) of the Village Zoning Code which requires a
review of a site plan in comparison to the approved RDCP. The Applicant made a
presentation of the comparison between the RDCP and the proposed Phase 1 site
plan as part of a formal presentation to the Planning Board during a regularly
scheduled Planning Board meeting.

After review of both plans, the Planning

Board finds that, while there may be minor variations between the proposed Phase
1 site plan and the RDCP, the Phase 1 site plan is in keeping with the spirit and
intent of the RDCP and is in general conformance with the RDCP;
3.

Finds after review of Coastal Assessment Form prepared by the Applicant and the
Waterfront Consistency determination prepared by the Board of Trustees for the
RDCP, that the Application is consistent with the goals, policies, and standards
and conditions of the Village of Sleepy Hollow LWRP; and, be it further

RESOLVED, that the Planning Board, after review of the materials submitted, public
comments and recommendations and the EAF has determined that the Application does not
^^

present significant adverse environmental impacts not addressed or inadequately addressed in the

�comprehensive environmental review under SEQR conducted on behalf of the Village as part of
the preparation of the Riverfront Development Concept Plan for the Project, and there are no
changes in circumstances or newly discovered information presenting such potential impacts;
and be it further
RESOLVED, that having fully considered the environmental review record and
supporting documentation, and having considered the preceding written facts and conclusions
relied upon to meet the requirement of

6 NYCRR 617.7 and 617.11, the Planning Board

confirms and restates previous certifications that:
1.

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

2.

Consistent with social, economic and other essential considerations, from among
the reasonable alternatives available, the proposed Project is one which minimizes
or avoids adverse environmental effects to the maximum extent practicable;
including effects disclosed in the environmental impact statements; and

3.

Consistent with social, economic and other essential considerations, the maximum
extent practicable, adverse environmental effects revealed in the environmental
impact statement process will be minimized or avoided by incorporating as
conditions to the decision those mitigative measures that were identified as
practicable; and be it further,

RESOLVED, that said Application is hereby granted approval and the Applicant may
obtain the endorsed approval of the Planning Board Chair on a copy of this resolution, subject to
conditions and modifications identified below:
1. This approval shall expire if construction has not commenced within one year of
the dale of the adoption of the site plan approval, and thereafter diligently pursued
and construction completed within two years of the issuance of the building
permit. Opportunity for extensions of the site plan approval to be granted for good
cause by the Planning Board at the request of the Applicant for periods of six
months each.

�2.

Documentation, sufficient in form and substance, for W&amp;C, as the Village's
Consulting Engineer, to determine that the list of items outlined in their January
17, 2018 and February 22, 2018 correspondence, as applicable, have been
incorporated onto the site plan drawings. It is noted that most of the comments in
the January 17, 2018 correspondence are requests for additional information or
clarification of information on the site plan drawings.

3. Submission of as-built building plans and an as-built survey prior to the issuance
of any Temporary or Permanent Certificate of Occupancy (C of O) or Certificate
of Compliance.
4. Prior to the issuance of any permits, a 100% performance bond, in a sum to be
determined by the Village's Consulting Engineer and approved as to form by the
Village Attorney, shall be furnished to and accepted by the Village, to guarantee
the satisfactory and complete installation and construction of all water and sewer
utilities to be dedicated to public use, roads to be dedicated to public use, public
sidewalks, lighting in public rights-of-way and in public open space areas, and
stormwater management facilities and sediment and erosion control structures and
measures within public rights of way.

5. Provision of landscape maintenance bonds to remain in effect for two years to
ensure landscape plantings are established and maintained in a healthy and
vigorous growing condition. The extent of the bonds to be determined by the
Village Building Inspector and Village Administrator in consultation with the
Applicant and in a form satisfactory to the Village Attorney.

6. The Applicant shall submit any on-going geotechnical investigation of the site
which will include the geotechnical analysis of the site soil conditions as they
relate to the design and construction of any proposed structure. This includes
verifying the location of subsurface utilities or other infrastructure prior to any
proposed ground intrusive activities.

Any compaction/pile driving operation

�required at the site shall be monitored by a professional engineer licensed in the
State of New York. During the process of compacting/pile driving, the gauges
shall be placed in the vicinity of the adjacent structures and utilities to monitor the
soil movement as recommended by a geotechnical engineer. Any damage to the
adjacent structures or utilities shall be the responsibility of the Applicant.

7. Consistent with the Environmental Findings and the Special Use Permit the
Applicant will observe and fully comply with all of the requirements of the Site
Management Plan (SMP) (SMP on file with the Village) as required by New York
State Department of Environmental Conservation (NYS DEC) under the
Brownfield Cleanup Program (BCP). The Applicant will copy the Village on all
submittals to the NYS DEC that are required as part of the SMP.

8. All conditions identified in the Planning Board's November 16, 2017 Amended
and Restated Filling Operations and Site Preparation Permit shall remain in full
force and effect.
PLANNING BOARD
VILLAGE OF SLEEPY HOLLOW

/e
Date

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                    <text>Village of Sleepy Hollow
Planning Board Meeting
Special Meeting
March 8, 2018
The regular meeting was called to order at 8:00 PM by Lisa Santo, Chairwoman
Present:

Lisa Santo, Chairwoman
Edward McCarthy
Carl Aridas
Kersten Harries

Absent:

Mathew Brennan
Gordon Swartz
Anthony DelVecchio

Also Present:

Sean McCarthy, Village Architect
Clinton Smith, Village Attorney
David Smith, Village Planner
James Natarelli, Consulting Engineer

Agenda:
1) Toll Brothers, Inc. Edge-on-Hudson Riverfront Development, 199 Beekman Avenue
Phase I, Block J site plan amendments- Presentation
2) Toll Brothers, Inc. Edge-on-Hudson Riverfront Development, 199 Beekman Avenue
Phase I, Block I site plan amendments- Presentation
1) Toll Brothers^ Inc. Edee-on-Hudson, Riverfront Development. 199 Beekman Avenue.
Phase 1. Block J site plan amendments-Presentation
Andrew V. Tung is the Landscape Architect from Diveny Tung Schwalbe, LLP. Mr. Tung
stated the site plan would be adapted for the base flood elevations from the Riverfront
Development Concept Plan and that some buildings would be raised in height but will remain
within the Design Guidelines and the approved Phase I Site Plan. Mr. Tung stated the units will
change in widths from 18 feet, 21 feet, and 22 feet to 20 feet, 22 feet and 24 feet at end units to
provide a variety of townhomes. Mr. Tung stated that all townhomes entries will face the street
or an open space in the Central park or the internal green. Mr. Tung stated the position of the
side walk where the units face within the block will create three different situations and choices
for the buyer. Mr. Tung stated the units that face two streets will include a public pedestrian
sidewalk, a low stone wall, and a stoop with steps raised to the entry level; the space will not
allow enough private yard space to create a usable patio area with only 4 feet. Mr. Tung stated
the units facing the Central Park will have 6 feet of private space allowing Toll Brothers, Inc. to
offer the buyer the option to have a planting bed or small patio based on how they utilize the first
floor living space. Mr. Tung stated if space was used as a bedroom the buyer may want a

�planting bed; but if used as an office space, the buyer may want an outside door to a patio area
and include a table, chair, or plant. Mr. Tung stated the units facing the interior green are at
grade level and will also have an option of a planting bed or a 6 foot patio. Mr. Tung stated that
in either case, the transition space between the public sidewalk and the private townhome entry is
lined by a low wall along the street or Central Park and a low hedge along the internal green, to
create "walkable neighborhood".
Chairwoman Lisa Santo stated that the language read as if the buyer would have an optional
patio but now understands they have a choice based on location and interior living space.
Andy Tung stated the intention is to work within the frame work and give buyers the flexibility
of marrying the outside private space with choice of how they decide to set up their interior
spaceCarl Aridas commented that the transitional uniform standard patio originally approved was now
eliminated on one entire section and seems quite different than what was approved.
Andy Tung stated the street oriented block creates an opportunity to do something different
based on grade differences within the Design Guidelines and doesn't believe the site plan stated
that all units require a patio at its private space.
Carl Aridas stated he understood is wasn't possible to have a 4 foot patio on street side units but
has concerns about the buffer between the sidewalk, the common planting strip at the Central
Park and a potential for gardens that may not be maintained. Mr. Aridas stated it seems like an
unnecessary change, and that charging extra for a patio approved in the original plan doesn't
seem required in the central park and internal green blocks.
Andy Tung stated that there will not be additional charges for the patio option.
James Fitzpatrick is the President of Toll Brothers, Inc. Mr. Fitzpatrick stated it is a good level
of customization in which the site plan can be changed to suit the needs of the how the first floor
space will connect to the outside. Mr. Fitzpatrick stated the diversity will not sacrifice quality
and will blend together seamlessly.
Chairwoman Lisa Santo questioned if planting strip at the units facing the internal green will be
lost.
James Fitzpatrick stated that the plan changed slightly to adjust to different grade levels and
elevations. Mr. Fitzpatrick stated that all common garden spaces will be maintained by the home
owners association.
Kersten Harries questioned where the common planting ends and personal plantings begin.
James Fitzpatrick stated there will be consistency to what is permitted to plant in private garden
beds and stated that no owners would be allowed to plant tomato plants.

�Carl Aridas commented that units with gardens will look relatively small and inconsistent in
relation to the units that have patios.
James Fitzpatrick stated that a row of hedges will line the perimeter of the interior green as a soft
consistent barrier.
Chairwoman Lisa Santo commented that the planting strip and narrow wall only exist along the
Central Park locations.
James Fitzpatrick stated the planting strip and narrow wall will be consistent at the Central Park
and the hedge strip will be a uniform consistent planting around the perimeter at the interior
green.
James Fitzpatrick stated the thought of Toll Brothers, Inc. was to offer a prescribed kit with
choices for balconies, windows, patios and living spaces.
Kersten Harries asked when the elevations would be submitted.
James Fitzpatrick stated the elevations should be ready in the next 45-60 days and locking in
floor plates will dictate what happens on the facade of the building. Mr. Fitzpatrick stated that
Toll Brothers, Inc. will then work on structural designs and hopes to turn in plans to the Building
Department 30 days after.
Chairwoman Lisa Santo questioned the possibility of putting retaining walls or stone planters
instead of a just a line of hedges at the internal green area.
James Fitzpatrick stated that it was preferred to have the softer green barriers along the central
interior green instead of hard surfaces.
David Smith stated his concerns about the block of townhomes that face the street not having a
yard and asked if some other opportunity may be incorporated for the buyer.
James Fitzpatrick stated the envisioned outdoor space would utilize the roofs of the units. Mr.
Fitzpatrick explained there was approximately 1,000 square feet of roof area per unit to be
utilized as loft space and terrace combinations. Mr. Fitzpatrick stated that he hopes to also
incorporate modest step out balconies for the second and third floors.
Kersten Harries questioned if the units were to be ADA accessible with options for elevators.
James Fitzpatrick stated that ADA accessible options will not be available for this job site as the
grade changes are unable to accommodate ramps at the front doors. James Fitzpatrick stated the
future condos next door will have the option for larger sizes to accommodate ADA options.
Chairwoman Lisa Santo stated her observation of similar units structures in Tarrytown which are
ADA accessible.

�James Fitzpatrick stated that those units are wider and some builders simply don't follow the
rules.
Andy Tung stated additional trees will be added along the interior drives to widen the
crosswalks, and textured pavers will be added for an additional warning. Mr. Tung stated the
narrowness of the entrance to the mews from the alley between townhomes where pedestrians
will cross the road, will be pushed out as much as possible. Mr. Tung stated the roadway
systems are meant to be low speed and driven only by members of the complex.
Chairwoman Lisa Santos questioned the closing off the driveways at Legend Drive and Palisade
Boulevard.
Andy Tung stated that fiinctionally Toll Brothers, Inc. planned to remove the driveways to
accommodate grade changes and so that vehicles won't cut through the complex. Mr. Tung
stated it also allows a street scape with a wall and planting to be brought across at the street
locations. Mr. Tung stated there have been several meetings with the DPW and the Fire
Department in order to agree that the interior 26 foot wide roadway systems are accessible and
sufficient. Mr. Tung stated that they are working with the Fire Department for solutions for
emergency access only routes.
Chairwoman Lisa Santo questioned what would happen if roads are closed with no entry points.
Andy Tung stated this can happen anywhere as just witnessed with recent storms.
Kersten Harries asked if more trees could be added in the alleyways and if crosswalks could be
widened at the pinch points.
Andy Tung stated that trees are placed where they are likely to thrive and grow and that the
intent is to keep driveway backup space incorporated but separate from crosswalk areas.
Kersten Harris asked for an explanation of how the access points would be planned.
Andy Tung stated the plan is to make a narrower emergency access route that is removable or
locked by the Fire Department but not accessible on a regular basis.
Carl Aridas asked if the 26 foot wide road and turning points could have an extra foot or two
added at the edges to be 28 feet wide
Andy Tung stated that a diagram was provided to show how the fire and garbage trucks makes
their way through the interior driveway.
Chairwoman Lisa Santo solicited the Board for questions or comments.
Clinton Smith asked how many units are 24 feet wide.

�Andy Tung stated that units are widened 2 feet at the end units that have a comer bump out to
make it 24 feet wide at the front fa9ade from the street side.
James Fitzpatrick stated that the concept plan approval called for this at high visible comers for
aesthetic purposes. Mr. Fitzpatrick stated that some front doors will be recessed into the footprint
by 2 feet to get the steps you need from the sidewalk to the front door to avoid a tripping hazard.
Mr. Fitzpatrick added that this will allow for some good lighting details.
Carl Aridas asked for confirmation on the square footage difference from the original plan.
James Fitzpatrick stated the width of units was re-divided between the changed sizes to be
roughly the same depending on what the buyer chooses to do with the fourth floor in terms of
living and terrace space.
Andy Tung stated the original footprint was about 61,000 square feet and the new plan is about
68,500 square feet. Mr. Tung stated the buildings are a little deeper but the impervious areas are
overall equal or less depending on who chooses a patio.
Chairwoman Lisa Santo stated that she still has concems about the access points in case of a fire
and would like to see a little more access points and hope that this will be worked out with the
Fire Department.
Ed McCeirthy stated that more access points may be helpful where the snow needs to be removed
from the complex.
No action was taken.
2) Toll Brothers, Inc. Edgc-on-Hudson, Riverfront Development, 199 Beekman Avenue.
Phase I, Block I site plan amendments-Preliminary presentation
Andrew Tung is the Landscape Architect from Divney Tung Schwalbe, LLP. He presented the
proposal for Toll Brothers, Inc. Apartment Living Division. Mr. Tung explained there will be
three four-story rental apartment buildings with a total of 188 units. Mr. Tung explained that
building I-l will consist of 40 affordable senior units, building 1-2 will consist of 77 units and
building 1-3 will consist of 71 units. There will be 21 work-force units incorporated within
buildings I-l and 1-2. Mr. Tung stated the amendment to the site plan is the addition of a pool
between buildings I-l and 1-2. Mr. Tung stated the amenities spaces as well as the bocce court
will be moved to accommodate the pool and sitting area.
Ed McCarthy asked what size the swimming pool will be.
Andrew Tung stated it will be a social size pool, not Olympic sized.
Carl Aridas asked what would be blocking the pool from the street view.

�Andrew Tung stated there would be fencing and landscaping installed and you would be able to
see through it.
Kersten Harries questioned if the pool was just for the use of the residence of the I buildings
Andrew Tung stated that the pool would be considered an expanded fitness center for only the Ibuilding residents.
Carl Aridas questioned if any parking spaces would be lost.
Andrew Tung stated the plan was reconfigured to eliminate a couple of parking lot islands and
add spaces so that no parking spaces were lost. Mr. Tung requested guidance from the
consultants as to what they would like to see in a formal package in order to present at the next
meeting.
Clinton Smith asked if there will be chairs to watch the bocce ball.
Chairwoman Lisa Santo asked if the bocce ball court will still be there with the pool.
Andrew Tung confirmed the plan is to have both.
Chairwoman Lisa Santo asked if the number of apartments would change.
Andrew Tung stated there will be no change in the number of units.
Carl Aridas questioned if the square footage of the buildings would change.
Andrew Tung stated it will be close to the approved plan.
Carl Aridas asked if the pool was above grade.
Andrew Tung stated it will be an in-ground pool.
Chairwoman Lisa Santo questioned if there was anything being changed or lost by adding the
pool.
Andrew Tung stated that the apartment unit size may change slightly to accommodate the plan
change.
Kersten Harries requested that the plan be created with blue and red overlays to show the
changes like completed for the Block J Site Plan amendments.
Chairwoman Lisa Santo solicited comments fi-om the Board.
No action was taken.

�David Smith questioned whether or not the Board wanted to hire a separate consuhant to review
and confirm the environmental reports submitted by Mobilitie as suggested at the February 22"*^
public hearing. There was a discussion about hiring a consultant to satisfy the publics concerns
or if it was overkill and unnecessary. It was agreed that David Smith would obtain a proposal for
the cost to review the application so that it could be addressed at the public hearing on March 22,

2018.
Motion was made to have an executive session at 9:25 PM
Moved: Aridas

Seconded: McCarthy

Vote 4-0

Motion was made to adjourn the meeting at 9:33 PM.
Moved: Aridas
Seconded: McCarthy

Vote 4-0

Respectful k

iiibmitted.

Pamela Peifcet
Secretary to the Planning Board

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                    <text>Village of Sleepy Hollow
Planning Board Meeting
March 22, 2018
The regular meeting was called to order at 8:00 PM by Deputy Chairman Gordon Swartz.
Present:

Edward McCarthy
Carl Aridas
Kersten Harries
Gordon Swartz, Deputy Chairman
Anthony DelVecchio

Absent:

Mathew Brennan
Lisa Santo, Chairwoman

Also Present:

Sean McCarthy, Village Architect
Clinton Smith, Village Attorney
David Smith, Village Planner
James Natarelli, Consulting Engineer

Agenda:
1) Mobilitie LLC, Cellular antenna special permit- 46 Pocantico Street, 16 Hudson
Terrace, 227 North Washington Street- Public Hearing
2) The Salvation Army of Greater New York, 86-96 Valley Street &amp; 115 Wildey
Street, Community Center &amp; Chapel, Site plan approval extension- Discussion
3) 172 Valley Street Realty LLC, 172 Valley Street, Proposed two-family residencePublic hearing
4) Toll Brothers Inc., Edge-on-Hudson Riverfront Development, 199 Beekman Avenue
Phase I, Block J site plan amendments- Public hearing
5) Historic Hudson Valley, 381 North Broadway, Site plan amendment-Public hearing
6) 188 Cortlandt Street Corp., 188 Cortlandt Street, Change of Use- Discussion
7) Ichabod's Landing, River Street, Site plan amendment- Discussion
8) Roy &amp; Joan Behren, 15 Pokahoe Drive, Proposed one-family residence- Presentation
9) Brooklyn Global LLC, 228 North Washington Street, Riverside Studio event spacePreliminary presentation
10) Approval of minutes- February 22,2018 and March 8,2018

1) Mobilitie LLC. Cellular antenna snecial permit. 46 Pocantico Street. 16 Hudson
T^rmy?, IV Norfb Washington Str^^f- CQntipy?^^
Hearing
Deputy Chairman Gordon Swartz announced that Paul Costa from Mobilitie has withdrawn the
application and that the applicant would be required to re-notice each location in order to
continue at a later date.

�Motion was made to open the public hearing:
Moved: Aridas
Seconded: McCarthy

Vote 5-0

Deputy Chairman Gordon Swartz asked if there were any comments from the public.
Mathew Monk from 12 Hudson Terrace asked if there was any sense of the application coming
back and if small cells, in relation to antennas, are subject to the Village Code Zoning
regulations, or are they exempt.
Sean McCarthy stated they are not exempt from Village Code Zoning regulations.
Motion was made to close the public hearing:
Moved: DelVecchio

Seconded: Aridas

Vote 5-0

The application has been withdrawn.
2) The Salvation Armv of Greater New York. 86-96 Vallev Street &amp; 115 Wildev Street.
Communitv Center &amp; Chanel Site plan approval extension- Discu.s.sion
William Null, from Cuddy &amp; Fedder, LLP requested a one year extension of the site plan
approval for the Church &amp; Community Center.
Motion was made to extend the site plan approval through May of 2018 and direct the Village
Planner and Village Attorney to prepare a draft resolution, pending the Zoning Board of Appeals
approval.
Moved: McCarthy
Seconded: Aridas
Vote 5-0
172 Vallev Street Realty LLC. 172 Vallev Street. Propo.sed two-familv residenceContinued public hearing
Motion was made to open the public hearing:
Moved: DelVecchio
Seconded: Aridas

Vote 5-0

William Simeoforides is the Architect representing 172 Valley Street Realty LLC and stated that
172 Valley Street was located at the intersection of Valley Street and Depeyster Street and was
originally a two-family house that was demolished about four years ago. Mr. Simeoforides
presented the proposed plan to build a two-family structure with one three-bedroom, onebathroom apartment on each floor, approximately. 1,000 square feet each. There will be three off
street parking spaces occupying 1,000 square feet of black top. Mr. Simeoforides stated it will
be a modular building with vinyl clad double hung windows, and paneled shutters on the two
street elevations. Mr. Simeoforides stated that (14) evergreen trees, of 6 feet tall will be planted
as per the Landscape plan along Depeyster Street. Mr. Simeoforides stated that a low garden
wall with a wrought iron fence above it separating the sidewalk and the property will be installed

�along Valley Street. The south side of the property will be planted with (8) arborvitaes and a
couple of Japanese Maple trees.
Deputy Chairman Swartz solicited comments from the public.
Ann White lives at 3301 Kendal Way and requested that the parking area be made from
permeable material instead of solid asphalt.
William Simeoforides stated drainage and drywells have been addressed if that was her reason
for concern.
There were no additional comments.
Motion was made to close the public hearing:
Moved: McCarthy
Seconded: Harries

Vote 5-0

Deputy Chairman Gordon Swartz solicited comments from the Board.
James NatarelH stated that plan corrections be addressed and submitted to the Building
Department to include the labeling of the inspection ports for the drywells and details and
showing the wye connection for the sanitary sewer tie-in connection.
There was a discussion regarding the street tree replacements.
Kersten Harries stated there was a previous discussion to add street trees at existing wells along
Valley Street at the Right-of-Way at Depeyster Street and that it is not indicated on the site plan.
William Simeoforides stated it was previously mentioned about adding one tree along Valley
street that was knocked down by weather and that the (14) trees being added along the wall at
Depeyster is enough.
Kersten Harries stated that the plan was not clear on the type and sizes of the trees and hedges
proposed to be planted.
Carl Aridas stated that the current trees were destroyed and there were square mud pits existing
now. Mr. Aridas stated that two of the three trees need to be replaced and put back with the
native deciduous trees.
Sean McCarthy confirmed that they have to be native species trees for replacements.
Kersten Harries stated that a street view plan would be helpful.
William Simeoforides stated that (1) tree would be planted at the comer of the driveway, (1) tree
would be planted at the parking area and (3) trees would be planted at the existing tree wells on
Valley Street.

�Kersten Harries stated that she would like a tree on Depeyster Street as you approach Valley
Street in order to continue the character of the street.
Sean McCarthy asked how wide the proposed sidewalk is.
William Simeoforides stated it was 5 feet.
Sean McCarthy stated that a larger well could be created to shrink the sidewalk to a minimum of
3 feet at the tree locations.
William Simeoforides stated that minimum of (3) trees would be added along Valley Street and
(3) additional trees would be added at Depeyster Street.
Deputy Chairman Gordon Swartz suggested a motion to approve the application subject to
receipt of a new specific landscape plan and specifications.
Clinton Smith suggested that a resolution be prepared for the next meeting.
Motion was made to direct the Village Planner and Village Attorney to draft a resolution for the
next meeting.
Moved: Harries
Seconded: DelVecchio
Vote 5-0
4&gt; Toll Brothers Inc.. Edge-on-Hudson Riverfront Development. 199 Beekman Avenue
Phase I. Block J site plan amendments- Public hearing
Andrew Tung from Divney Tung Schwalbe, LLP summarized the project and outlined the
changes as discussed in previous presentations.
Motion was made to open the public hearing:
Moved: DelVecchio
Seconded: McCarthy

Vote 5-0

Deputy Chairman Gordon Swartz solicited comments from the public.
There were no public comments.
Deputy Chairman Gordon Swartz solicited comments from the Board.
Carl Aridas stated that the turning radius at Road 3, Horseman Blvd., has only 20 feet to the curb
and that it is too narrow.
Andy Tung stated that 26 feet is not required at the curb cut.
Sean McCarthy stated that 26 feet is required for the access driveway and that all curb
intersections are reduced throughout the site.

�Deputy Chairman Gordon Swartz questioned if any adjustments were made for the Green
Building technology as per the Westchester Government commentary for bicycle parking.
Andy Tung stated that the list from Westchester Planning Board was addressed for the concerns
of sustainability green measures and have been incorporated into the site plan.
Deputy Chairman Swartz opened a discussion regarding the ADA accessibility questions from
the March
meeting and the possibility of adding ramps to the units.
There were two accessibility questions discussed at the meeting, site access and townhouse
accessibility.
Andy Tung clarified that the site, including the walkways from the public streets to the green
space will be accessible.
Mr. Tung also stated that the town houses along the perimeter, that front on the streets or park
cannot be accessible due to the steps and wall that raises the grade elevation above the adjoining
sidewalk. It was stated that the interior units that face the central green would be the best option
if accessibility was needed.
Kersten Harries questioned if the interior townhouse units could be made accessible or the
potential to be adaptable units.
James Fitzpatrick replied that, "If one unit is accessible than all units in the building will need to
be accessible". James stated that their architects and internal legal team say there is no way
around it, "It needs to be every unit in the job across the site." Mr. Fitzpatrick referred to
Addendum II in the Fair Housing Act and said, "If one unit in six was offered an option for an
elevator, every single unit would need to be accessible." Mr. Fitzpatrick said they have
exhausted every avenue and option to come to the position they are taken.
Kersten Harries read from the DOJ/ HUD joint statement on accessibility in multifamily
buildings and disagreed with Mr. Fitzpatrick regarding his statement that all units will need to be
made accessible.
James Fitzpatrick stated that he would supply the documentation to back up their opinion and
would look at the materials that Kersten was referencing.
Clinton Smith stated that Toll Brothers Inc. should submit the citations and opinions and any
other back up that would be helpful.
A motion was made to close the public hearing and to have the Village Attorney and Planner
prepare a draft resolution pending the submission of information and clarification of the
accessibility documentation.
Moved: DelVecchio

Seconded: McCarthy

Vote 5-0

Sean McCarthy asked the Board if they wished to continue the application to a certain date.
Deputy Chairman Gordon Swartz stated that they would defer the answer till the end of the
5

(3/22/18)

�meeting.
5) Historic Hudson Vallev. 381 North Broadway. Site plan amendment- Public hearing
Deputy Chairman Gordon Swartz asked Sean McCarthy to clarify the status of the
application.
Sean McCarthy stated that a request was received to withdraw the application.
Carl Aridas stated that it was scheduled for a public hearing.
Sean McCarthy stated that it was noticed in the newspaper but not sure as to whether the
applicant completed the notifications to the adjoining neighbors.
Carl Aridas asked if Historic Hudson Valley had cleared the outstanding violation.
Sean McCarthy stated that the violation has not been cleared as of today.
Carl Aridas stated that the only solution was to cease and desist and have the electric apparatus
removed.
Sean McCarthy stated the applicant was issued a violation for engaging in work that was not
permitted as part of the approved site plan, and they were required to file with the Planning Board
in order to amend the site plan approval. Historic Hudson Valley has now withdrawn their
application and the violation is still active.
Deputy Chairman Gordon Swartz asked Clinton Smith if the Board needed to get involved in this
action.
Clinton Smith stated that the issuance of the violation was within the province of the Building
Department and that the Board is not required to take action.
Deputy Chairman Gordon Swartz stated the Board acknowledges that the Building Department
will take the appropriate action and report back on results.
6) 188 Cortlandt Street Corp.. 188 Cortlandt Street. Change of use- Discussion
Mark Blanchard is an attorney from Blanchard &amp; Wilson, LLP representing the owner for the
change of use application at 188 Cortlandt Street. Mr. Blanchard stated the property is under
contract to purchase by Barrier Contracting as an investment property, and for use of convenient

�storage for vans to be used by his local Sleepy Hollow work force. Mr. Blanchard stated that
Barrier Contracting proposes to use the existing detached garage on Chestnut Street for storing
two work vans and adding a small satellite office above the garage space. Mr. Blanchard stated
that this will be the location for the local workforce and there is no plan to store tools, oil, or any
hazardous materials in this garage since they have a main yard in another location.
Anthony DelVecchio asked if there are any zoning compliances required.
Mark Blanchard stated there is no desire to add any additional parking spaces and that the benefit
for the potential buyer was to keep the (2) existing storefronts and the (1) residential space as it
currently exists, and then utilize the garage space that has been vacant on Chestnut Street. The
work vans would go out and employee vehicles would park in the garage spots.
Carl Aridas asked who currently occupies the retail spaces.
Sean McCarthy stated there is a Barber shop on the left side and that the other space is currently
vacant.
David Smith asked as to whether or not the sale was going to happen.
Mark Blanchard stated that the purpose of coming to the Board for approval was to be sure that
it will be permitted before they proceed with the closing.
James Natarelli asked if there were any floor drains in the garage.
James Natarelli stated that the one center internal floor drain would require protection by an
oil water separator.
Deputy Chairman Gordon Swartz asked if there was something new that the old plan did not
reflect.
Mark Blanchard stated the submission today was intended to be an updated survey that could be
used as a site plan.
Motion was made to schedule a Public hearing for the April 19,2018 meeting.
Moved: Aridas
Seconded: Harries
7)

Riv^r

SU^ plan

Vote 5-0

Disyq^^ipn

Richard Hughes requested to postpone the application until the next meeting in order to gather
information for the electrical conduit schematics and the rain water treatment plan as requested
by the Board.
Deputy Chairman Gordon Swartz requested a list of the open items.

�James Natarelli stated that a current survey was required to show improvements to scale and
compliance with the Code and that it should be provided to the Building Department for review.
No action was taken.
Rov &amp; Joan Bchren. 15 Pokahoe Drive. Proposed one-fam!lv residence- Presentation
Craig Flaherty, the Project Engineer from Redniss and Mead reviewed the questions from the
February 22, 2018 meeting in order to clarify the drainage plan, wetlands set-backs, and the
disturbance buffer.
Gary Chase, the Project Architect from Vita Design Group, presented the details of the March 8,
2018 memo in regards to the cellar and basement definitions, regulations, and calculations for the
floor area.
Deputy Chairman Gordon Swartz asked how many other 5,000 square feet homes are in the
neighborhood.
Gary Chase stated the residence located at 9 Pokahoe Drive is 4,000 square feet but that no
current full study at other locations has been completed.
Carl Aridas asked if the trees that were already removed, were included in the nineteen trees
being proposed to be removed.
Craig Flaherty stated that removal of trees increases the river view and that the existing lot now
has 38 trees on site, 28 trees to be saved, 15 to be removed, and that 9 trees are planned to be
planted as well as dozens of shrubs. Mr. Flaherty stated that the trees previously removed are not
included in the count on the plan, and that the matter was resolved a year ago.
Gary Chase stated that the flat roof was designed to minimize height and to be sensitive to the
surrounding neighbors. Mr. Chase stated the concrete block materials will be attractive with two
tones to mimic masonry veneer type styles.
There was a discussion about the cellar verses basement and the way in which the garage space
was calculated. There was a discussion about what size trees were proposed to be removed and
what they would be replaced with. A request for the planting plan to be submitted to the tree
committee was required.
Kersten Harries suggested that selective deconstruction was researched and considered.
Motion was made to schedule a public hearing for April 19, 2018 meeting.
Moved: McCarthy
Seconded: Harries
Mathew Brennan-yes
Ed McCarthy-yes
Gordon Swartz-yes
Kersten Harries-yes

�Anthony DelVecchio-yes
Carl Aridas-no
VOTE: 4-1

APPROVED

9) Brooklyn Global LLC. 228 North Washington Street. Riverside Studio Event SpacePreliminary presentation.
Sam Viera is the Project Architect representing Diana Rubin of Brooklyn Global LLC. Mr.
Vieira presented the proposal for the rehabilitation of the existing building to obtain a certificate
of occupancy to use as a multi- purpose event space.
Diana Rubin submitted documents detailing the amount of off street parking available including
the estimated times when the spaces would be available.
Sam Vieira stated that they would be seeking the Planning Board's approval pending the
variance application that will be submitted to the Zoning Board of Appeals for approval of food
service, if needed, twenty off street parking spaces, and one off street loading space.
There was discussion regarding the parking issues and possible uses of other private lots. All
the Board members were in agreement that parking issues will always be a challenge but that
they were in favor of having the space occupied and running again.
Anthony DelVecchio stated the Zoning Board was the next step.
A motion was made to schedule a public hearing for the May 17, 2018 Planning Board meeting
pending the variance approvals at the May le"' Zoning Board meeting.
Moved: McCarthy
Seconded: Aridas
Vote 5-0
10) Approval of minutes- February 22.2018 and March 8.2018
Motion was made to defer review and approval of the minutes to the April meeting.
Motion was made to set a special meeting date for April 8, 2018 to discuss and approve
resolutions for Toll Brothers, Inc. and 172 Valley Street.
Motion was made to adjourn the meeting at 10:30 PM.
Moved: DelVecchio
Seconded: Aridas
Libmitted,

Pamela PdhgelsU
Secretary lo the Planning Board

Vote 5-0

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                    <text>Village of Sleepy Hollow
Planning Board Meeting
Special Meeting
April 5, 2018
The regular meeting was called to order at 8:10 PM by Deputy Chairman Gordon Swartz.
Present:

Gordon Swartz, Deputy Chairman
Mathew Breenan
Edward McCarthy
Carl Aridas
Kersten Harries
Anthony DelVecchio

Absent:

Lisa Santo, Chairwoman
Sean McCarthy, Village Architect

Also Present:

Joseph Paiva, Village Zoning Inspector
Clinton Smith, Village Attorney
David Smith, Village Planner
James Natarelli, Consulting Engineer

Agenda:
1) 172 Valley Street Realty LLC, Proposed two-family residence- Resolution
2) Toll Brothers Inc., Edge-on-Hudson Riverfront Development, 199 Beekman Avenue
Phase I, Block J Site plan amendments- Resolution
3) Roy &amp; Joan Behren, 15 Pokahoe Drive, Proposed one-family residence- Discussion

1) 172 Valley Street Realty LLC-Proposed two-family residence -Resolution
Motion was made to approve the resolution as drafted.
Moved: Harries
Seconded: McCarthy
Mathew Brennan-yes
Ed McCarthy-yes
Gordon Swartz-yes
Kersten Harries-yes
Anthony DelVecchio-yes
Carl Aridas-yes
VOTE: 6-0

APPROVED

2) Toll Brothers Inc.. Edge-on-Hudson Riverfront Development, 199 Beekman Avenue.
Phase I, Block J Site plan amendments- Resolution

�Motion was made to approve the resolution as drafted.
Moved: McCarthy
Seconded: DelVecchio
Mathew Brennan-yes
Ed McCarthy-yes
Gordon Swartz-yes
Kersten Harries-yes
Anthony DelVecchio-yes
Car! Aridas-yes
VOTE: 6-0

APPROVED

James Fitzpatrick aslced what the procedure would be moving forward with changes that may
need to be made.
David Smith stated that fagade drawings should now be submitted to the Building Department.
Mr. Smith stated that if the drawings are in conformity with the originally approved plan a
permit would be issued but if there are any material or subsequent changes. Toll Brothers Inc.
would be asked to come back to the Planning Board for approval.
3) Roy &amp; Joan Behren, 15 Pokahoe Drive, Proposed one-family residence- Discussion
Craig Flaherty the Project Engineer from Redniss &amp; Mead summarized the letter submitted by
the attorney's Feinstein &amp; Naishtut, LLP. Mr. Flaherty presented the nearby property
comparison exhibits for total living space square footage to include the residences located at 9
Pokahoe Drive, 7 Pokahoe Drive, and 32 Hemlock Drive. Mr. Flaherty reiterated the cellar
verses basement calculations using the floor area exhibit dated April 4, 2018. Mr. Flaherty
presented the new landscape plan to include the removal of 15 trees and replacement of 16
smaller trees. Mr. Flaherty stated that the request for recycling of the demolished materials will
be addressed in regards to metal, foundation materials, and further sorting of any other recyclable
materials.
There was a discussion on how the floor areas were calculated in regards to the cellar area and
the garage space.
Gary Chase, the Project Architect from Vita Design Group presented the comparisons and
pictures for 21 Pokahoe Drive, 9 Pokahoe Drive, and 32 Hemlock Drive. He submitted a new
full floor area exhibit that included average grade calculations and photos of 21 Pokahoe Drive
in order to show the similarities of the residence with the proposed construction at 15 Pockahoe
Drive. Mr. Chase presented photos of a residential structure that included masonry block on the
exterior.
David Smith requested that they provide sample boards of the materials proposed for the fa9ade
of the structure for the public hearing.
Joe Paiva stated that the Code called for replacement of two trees for every tree that is taken
down and that the tree plan would have to reflect the Code.

�There was a discussion regarding the size of the old growth trees proposed to be removed and the
size of what would be planted as replacements and the regulations as set by the Tree Committee.
Craig Flaherty asked if there were any further concerns regarding Zoning.
Carl Aridas asked for the current height of the existing building to be demolished.
Craig Flaherty agreed that additional items requested would be addressed and submitted before
the public hearing on April 19,2018.
4) Approval of minutes- February 22.2018 and March 8.2018
Motion was made to approve the February 22, 2018 minutes.
Moved: Aridas
Seconded: McCarthy
Mathew Brennan-yes
Ed McCarthy-yes
Gordon Swartz-yes
Kersten Harries-yes
Carl Aridas-yes
Anthony DelVecchio- abstained
VOTE: 5-0-1

APPROVED

Clinton Smith requested that spelling errors be corrected.
Motion was made to approve the March 8, 2018 minutes.
Moved: Harries
Seconded: Aridas
Mathew Brennan-yes
Ed McCarthy-yes
Gordon Swartz-yes
Kersten Harries-yes
Carl Aridas-yes
Anthony DelVecchio- abstained.
VOTE: 5-0-1
Motion was made to adjourn the meeting at 9:00 PM.
Moved: DelVecchio
Seconded: Aridas

pectfulW^bmitted,

Pamela Ptngel
Secretary 10 the Planning Board

APPROVED

Vote 6-0

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                    <text>RESOLUTION
Adopted at the April 5, 2018 Meeting of the
Village of Sleepy Hollow Planning Board
RESOLUTION:

SITE PLAN AMENDMENT APPROVAL

PROPOSED:

Edge on Hudson Phase 1 - Block J

LOCATION:

199 Beekman Avenue

TAX MAP
DESIGNATION:

Section 115.10-1-1 and 115.15-1-1

ZONING:

RF - Riverfront District

WHEREAS, the Planning Board of the Village of Sleepy Hollow (the Planning Board)
has reviewed an application for a site plan amendment (the Application) pursuant to the Village
Zoning Ordinance, Article X, Site Plan review, and to applicable laws and regulations considered
pertinent to the Application, which is for Phase I Block J of the redevelopment of the former
North Tarrytown General Motors Assembly Plant site located at 199 Beekman Avenue to be
known as Edge on Hudson (also known as the West Parcel and the South Parcel, collectively the
"Site") (the "Project"); and
WHEREAS, the Application is submitted on behalf of Lighthouse Landing Communities,
LLC and Toll Brothers, Inc. (collectively the "Applicant"); and,
WHEREAS, Phase 1 included the following: subdivision of an approximately 24 acre
portion of the 64.5± acre West Parcel into ten lots and sections of roadway rights-of-way to be
dedicated to the Village; 306 residential units (Block I: 40 affordable senior housing units, and
148 rental units of which 21 are workforce housing; Block E: 46 condominium units; Block J: 72
townhouse units); and approximately 2.17 acres of open space consisting of the Village Green (±
0.782 acres), and portions of the Central Park (Lot 2:±0.543 acres; and Lot 3: ± 0.845 acres);
and,
WHEREAS, the Application is in furtherance of the Lighthouse Landing Special Permit
approval and Riverfront Development Concept Plan approval, which was the subject of a
comprehensive environmental review conducted by the Board of Trustees acting as Lead Agency
under the State Environmental Quality Review Act (SEQRA); the SEQRA proceeding

�culminated in Findings Statements issued on July 24, 2007, and on January 25, 2011, in which
the Board of Trustees determined after due consideration that the Riverfront Development
Concept Plan (RCDP), with its associated mitigative measures, would not have a significant
adverse environmental impact and that the project would provide a balance between the
protection of the environment and the need to accommodate social, economic, and other
considerations of sound public policy; and
WHEREAS, as part of the Special Permit, the Board of Trustees completed its own
waterfront consistency review and found the proposed RDCP was consistent with the goals and
policies of the Village's Local Waterfront Revitalization Program (LWRP);
WHEREAS, the Applicant first received site plan approval on or about October 22,2015;
and
WHEREAS, the Applicant most recently received an Amended Preliminary Subdivision
Plat approval on October 19, 2017 to allow for a conveyance of ownership of Block J; and
WHEREAS, the Planning Board reviewed and considered the Application at its January
19, 2018, February 22, 2018, March 22. 2018 and April 5, 2018 meetings; and,
WHEREAS, on March 22, 2018, the Planning Board opened a public hearing on the
Application in which all members of the public were invited to attend and comment on the
Application and subsequently closed the hearing that night: and,
WHEREAS, the site plans were reviewed and comments sought from the Village's
Highway Superintendent, Police and Fire Department; and,
WHEREAS, the Village received correspondence from Westchester County Planning
dated March 16, 2018, on the Application which the Planning Board discussed at its March 22,
2018 meeting; and,
WHEREAS, the Planning Board has reviewed the following materials:
•

Application package received February 9, 2018 consisting of:
1.

Executed Planning Board Application Form

2.

EAF short form

3.

Coastal Assessment Form

�•

4.

Affidavit of Ownership

5.

Set of full size drawings (see list below).

Review memos dated February 15,2018, March 6,2018, March 8,
2018from Dolph Rotfeld Engineering, P.C.;

•

January 16, 2018, February 19,2018, March 7,2018 review memos from
Planning &amp; Development Advisors;

•

Third party correspondence from Westchester County Planning Board
dated March 16, 2018.

•

Response letters/memos from Divney Tung Schwalbe on behalf of the
Applicant dated March 2,2018 and March 16, 2018 and March 26, 2018
to the Planning Board (the March 26, 2018 letter included correspondence
from the Project Architect KTGY Group, Inc. regarding site accessibility)

•

Site plan drawings last revised March 16, 2018 unless otherwise noted:
a.

Cover Sheet, Divney Tung Schwalbe (DTS);

b.

Phase 1 Approved Site Plan (SP-0.1), September 3, 2015, DTS;

c.

Phase 1 Amended Site Plan (SP-0.2), DTS;

d.

Block J Grading and Drainage Plan (SP-2.0),, DTS;

e.

Block J Utility Plan (SP-3.0), DTS;

f.

Block J Landscaping Plan (SP-4.0),, DTS;

g.

Sanitary Sewer Profiles (SP-6.1), DTS;

h.

Storm Drainage Profiles (SP-6.2), DTS;

i.

Water Main Profiles (SP-6.3), DTS;

j.

Block J Erosion and Sediment Control Plan (SP-7.0),, DTS;

k.

Block J Erosion and Sediment Control Details (SP-7.1), DTS;

1.

Site Details (SP-8.I-SP-8.3), March 1, 2018, DTS; and

m.

Block J Lighting Photometric Plan (LP-1.0) DTS.

WHEREAS, pursuant to 6 NYCRR Part 617, the SEQRA regulations, the Planning
Board has made the following findings and caused, noted or conducted the following activities:
1. Received a completed application and application fee;

�2. Requested, received and considered comments from the Village Engineer, Village
Attorney, Village Planner and Building Inspector about the proposed project
which were provided in written form or discussed with the Board during the
course of the Planning Board meetings;
3. Requested, received and reviewed a short Environmental Assessment Form and
Coastal Assessment Form;
4. Requested and received a written opinion from the Applicant relative to the
provision of elevators in the proposed townhouse units associated with Block J;
and
WHEREAS, at the March 22, 2018 meeting members of the Planning Board asked the
Applicant if the provision of elevators to make the some of the buildings accessible could be
accommodated, and the Applicant's Architect has provided a written response indicating that
they have taken into account the various site limitations and constraints and that incorporating
elevators into the Block J townhoouse in compliance with applicable requirements is not
feasible; and
NOW, THEREFORE, BE IT RESOLVED, that having reviewed the entire record as
noted above, in relation to the previously approved Special Permit and Riverfront Development
Concept Plan, the Planning Board:
1.

Considered Section 450-16.A(2)(a) of the Village Code which covers site plan
review by the Planning Board and after a review of the documentation submitted
by the Applicant, the Planning Board finds that the Application meets the
riverfront development design standards set forth in Section 450-18 of the Village
Code;

2.

Considered Section 450-B(3) of the Village Zoning Code which requires a review
of a site plan in comparison to the approved RDCP. The Applicant made a
detailed presentation of the comparison between the RDCP and the proposed
Phase I site plan in their May 7, 2015 submission and as part of a formal
presentation to the Planning Board during a regularly scheduled Planning Board
meeting. The Applicant made presentations of the most recent site plan changes
for Block J, on January 19, 2018, February 22, 2018, March 22, 2018 and April 5,

�2018, which included:

reconfiguration of some of the townhouse layouts

(location, number of units to a block, width), modifications to the pedestrian
circulation including the addition of an additional pedestrian pathway and
reconfiguration of the alleyway access to the main roadway system. After review
of both plans, the Planning Board finds that, while there may be minor variations
between the proposed Phase 1, Block J, site plan and the RDCP, the Phase 1,
Block J, site plan is in keeping with the spirit and intent of the RDCP;
3.

Finds after review of Coastal Assessment Form prepared by the Applicant and the
Waterfront Consistency determination prepared by the Board of Trustees for the
RDCP, that the Application is consistent with the goals and policies of the Village
of Sleepy Hollow LWRP; and, be it further

RESOLVED, that the Planning Board, after review of the materials submitted, public
comments and recommendations and the EAF has determined that the Application does not
present significant adverse environmental impacts not addressed or inadequately addressed in the
comprehensive environmental review under SEQR conducted on behalf of the Village as part of
the preparation of the Riverfront Development Concept Plan for the Project, and there are no
changes in circumstances or newly discovered information presenting such potential impacts;
and be it further
RESOLVED, that having fully considered the environmental review record and
supporting documentation, and having considered the preceding written facts and conclusions
relied upon to meet the requirement of

6 NYCRR 617.7 and 617.11, the Planning Board

confirms and restates previous certifications that:
1.

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

2.

Consistent with social, economic and other essential considerations, from among
the reasonable alternatives available, the proposed Project is one which minimizes
or avoids adverse environmental effects to the maximum extent practicable;
including effects disclosed in the environmental impact statements;

3.

Consistent with social, economic and other essential considerations, the maximum
extent practicable, adverse environmental effects revealed in the environmental

�impact statement process will be minimized or avoided by incorporating as
conditions to the decision those mitigative measures that were identified as
practicable; and
4.

Received and reviewed the Environmental Findings Statement and Amended
Environmental Findings Statement adopted by the Board of Trustees, as SEQRA
lead agency, on July 24, 2007, and January 25, 2011 (collectively, the
"Environmental Findings"); and be it further.

RESOLVED, that said Application is hereby granted approval and the Applicant may
obtain the endorsed approval of the Planning Board Chair on a copy of this resolution and upon
the site plan drawings for Block J, subject to conditions and modifications identified below:
1. This approval shall expire if the following modifications and conditions have not
been completed to the satisfaction of the Planning Board and the Village Building
Department: submission of a satisfactory building permit application for building
construction within one year of the date of the adoption of the site plan approval,
subsequent construction commencing within six months of the date of building
permit issuance and thereafter diligently pursued and construction completed
within two years of the issuance of the building permit. Opportunity for
extensions of the site plan approval to be granted for good cause by the Planning
Board at the request of the Applicant for periods of six months each.

2. Documentation sufficient in form and substance that the facade designs for the
proposed Block J townhouse are consistent with the representation made as part
of the initial Site Plan approval. The Planning Board requires that the Applicant
submit to the Planning Board the building exterior designs prior to the issuance of
any Building Permit. Any material change in the building exterior design from
that presented in the initial Phase 1 Site Plan approval will require an amended
Site Plan approval from the Planning Board.

3. Documentation, sufficient in form and substance, for the Village Engineer to
determine that Item G3 from their October 5, 2015 correspondence, October 20,

�2015 correspondence and the list of items outlined in the Village Engineer's
March 8, 2018 correspondence have been incorporated onto the site plan
drawings.

4. It is noted that Westchester County requested implementation of sewer inflow and
infiltration measures for which the Village does not have an adopted policy and as
such the Planning Board is not making implementation of any measures or
payment of any such funds a requirement of approval for the Application, but the
Applicant has nevertheless agreed to consult with the Village Architect on
possible inflow and infiltration remediation projects.

5. Submission of as-built building plans and an as-built survey prior to the issuance
of any Temporary or Permanent Certificate of Occupancy (C of O).
6. Prior to the issuance of any building permits, a 100% performance bond, in a sum
to be determined by the Village Engineer and approved as to form by the Village
Attorney, shall be furnished to and accepted by the Village, to guarantee the
satisfactory and complete installation and construction of all water and sewer
utilities to be dedicated to public use, roads to be dedicated to public use, public
sidewalks, lighting in public rights-of-way and in public open space areas, and
stormwater management facilities and sediment and erosion control structures and
measures within public rights of way.

7. Provision of landscape maintenance bonds to remain in effect for two years to
ensure landscape plantings are established and maintained in a healthy and
vigorous growing condition. The extent of the bonds to be determined by the
Village Building Inspector and Village Administrator in consultation with the
Applicant and in a form satisfactory to the Village Attorney. Such landscape
maintenance bond(s) shall be posted for each Block upon the issuance of the
Certificate of Occupancy for the last residential unit of that specific development
Block.

�8. The Applicant shall submit any geotechnical investigation of the site completed to
date which will include the geotechnical analysis of the site soil conditions as they
relate to the design

and construction of any proposed structure. Any

compaction/pile driving operation required at the site shall be monitored by a
professional engineer licensed in the State of New York. During the process of
compacting/pile driving, the gauges shall be placed in the vicinity of the adjacent
structures and utilities to monitor the soil movement as recommended by a
geotechnical engineer. Any damage to the adjacent structures or utilities shall be
the responsibility of the Applicant.

9. No Temporary or Permanent C of O for a building shall be issued until the
Applicant offers for dedication: public roads, public sidewalks, lighting in public
rights-of-way and in public open space areas, public utility lines for water and
sewer

service,

and

any

public

stormwater

management

facilities

and

corresponding easements associated with that building and or Block. Such offer
for dedication shall be in a suitable form acceptable to the Village.

10. Completion of the Lot 2 portion of the Central Park open space shall be required
prior to the issuance of any Temporary or Permanent C of O for any units in
Buildings E-2 and E-3. Completion of the Lot 3 portion of the Central Park open
space shall be required prior to the issuance of any Temporary or Permanent C of
O for any buildings in the J Block fronting on the Central Park open space.

The

Village Green (Lot 10) shall be completed prior to the Village's acceptance of the
roundabout.

11. Construction and installation of the rain gardens, landscaping and privacy wall
located along the Metro-North right-of-way shall be completed prior to the
issuance of any Temporary or Permanent C of O for the Block I buildings.
Completion of the amenity space associated with the I-l Building shall be

�completed prior to the issuance of any Temporary or Permanent C of O for the I-l
Building
12. Prior to the issuance of the Temporary or Permanent C of O covering the
300,000''* square foot of new development, the Applicant shall be required to
complete the following traffic improvement mitigation measures within the
Village of Sleepy Hollow as referenced in the June 7, 2011 Special Permit.
a. Improvements to US Route 9 at New Broadway/Bedford Road, Beekman
Avenue/Hudson Terrace
b. Improvements to Beekman Avenue at Pocantico Street
13. Prior to the completion of Phase 1, the Applicant shall submit a report to the
Village Architect to demonstrate Project's anticipated compliance track under the
LEED-ND program.
14. The Applicant's LEED-ND compliance program will take into account and
facilitate the incorporation of bicycling as an alternate means of transportation in
a manner like that described in correspondence of Divney Tung Schwalbe dated
October 22, 2015. The LEED-ND reference guide defines "bicycle network" to
include any combination of bicycle lanes, bicycle paths, and streets designed for a
target speed of 25 miles per hour or slower.

15. The Applicant has agreed that prior to the issuance of a building permit,
documentation sufficient to show that the 1-2 and 1-3 Buildings would qualify at a
minimum of LEED Certification will be provided to the Village Architect.

16. In accordance with paragraph 13 of the June 7, 2011 Special Permit, the
preliminary subdivision plan shall include at a minimum separate parcels for the
Waterfront Open Space, the portion of the South Parcel intended to be for public
uses by the Village, and that portion of the West Parcel associated with the first
phase of development. The layout of such parcels shall be consistent with Figure

�No. 2 Public Open Space and Public Use Diagram as referenced in paragraph 9 of
the June 7, 2011 Special Permit. The East Parcel was subdivided and conveyed to
the Sleepy Hollow Local Development Corporation, the Village's designee, by
deed dated December 22, 2014 and recorded December 24, 2014 and any further
subdivision of the East Parcel is not within the Applicant's control.

17. No building permit for any project building (other than buildings that will be used
for sales models that may be constructed on the South Parcel) will be issued prior
to the temporary improvement of the Beekman Avenue Bridge to an HS 25
standard with conditions as set forth in the June 7, 2011 Special Permit, and the
removal of the existing pedestrian bridge over the Metro-North tracks.

No

Temporary or Permanent C of O for any project building will be issued prior to
completion of the reconstruction and repair work on the Beekman Avenue Bridge.

18. The Applicant shall pay the Village of Sleepy Hollow all application and review
fees as required by the Village Code prior to any building permit being issued.

19. Prior to the issuance of any Temporary C of O for any project building, the
Village's water supply improvements referenced on Page 85 of the Lead
Agency's Findings Statement dated July 24, 2007, must be completed.
20. Consistent with the Environmental Findings and the Special Use Permit the
Applicant will observe and fully comply with all of the requirements of the Site
Management Plan (SMP) and the Excavation Work Plan (EWP) (Appendix A of
the SMP on file with the Village) as required by New York State Department of
Environmental Conservation (NYS DEC) under the Brownfield Cleanup Program
(BCP). The Applicant will copy the Village on all submittals to the NYS DEC
that are required as part of the SMP and the EWP.

21. All conditions identified in the Village Board's June 7, 2011 Special Permit shall
remain in full force and effect.

�22. The Applicant agrees to comply with all housing laws, including but not limited
to the International Building Code as adopted by New York State and the Federal
Fair Housing Act.

�23. Prior to the issuance of a building permit the Applicant shall provide to the
Planning Board a final landscape plan which shall address and mitigate any
potential visual impact of utilities, including but not limited to the provision of
gas and electric service.
PLANNING BOARD
VILLAGE OF SLEEPY HOLLOW

Gordon Swartz, Deputy Chair

Date

the undersigned
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                    <text>RESOLUTION
Adopted at the April 5, 2018 Meeting of the
Village of Sleepy Hollow Planning Board
RESOLUTION:

SITE PLAN APPROVAL

PROPOSED:

Two Family Residence

LOCATION:

172 Valley Street

TAX MAP
DESIGNATION:

Section 115.11-5-55

ZONING:

C-2 Central Commercial

WHEREAS, the Planning Board of the Village of Sleepy Hollow (the Planning Board) has reviewed
an application for site plan approval (the Application) pursuant to the Village Zoning Ordinance, Article
X, Site Plan review, and to applicable laws and regulations considered pertinent to the Application,
which is for the construction of an approximately 2,040 s.f. two-family residence and related
stormwater management improvements (the Proposed Project), submitted on behalf of 172 Valley
Street LLC (the Applicant); and
WHEREAS, the Planning Board has reviewed the following materials:
1.

Site Plan application, 8/28/17 signed by Cristina Rodrigues representative of owner;

2.

Site plan set for the subject site, dated 8/17/17, last revised 1/18/18 signed by William
Simeofrorides; and, engineering plans prepared by Hudson Engineering dated 8/10/17
last revised 1/18/18;

3.

Short Environmental Assessment Form, dated 8/18/175igned by Cristina Rodrigues
representative of owner;

4.

Coastal Assessment Form, dated 8/18/17 signed by William Simeoforides, Architect;

5.

Stormwater Plan prepared by Hudson Engineering last revised 1/18/18; and

6.

Review memoranda from Dolph Rotfeld Engineering dated 9/27/17, 1/16/18, and
3/14/18.

WHEREAS, the Planning Board discussed the Application at its 9/28/17,10/19/17, and 1/18/18
regularly scheduled meetings and a public hearing was held on 2/22/18 in which all members of the
public were invited to be heard and said public hearing carried over on 3/22/18; and
WHEREAS, in the course of its review and pursuant to Part 617 of the Implementing Regulations
pertaining to Article 8 of the Environmental Conservation Law, the Planning Board has made the
following findings and caused, noted or conducted the following activities:
1. Received an application fee;

�2. Requested, received and considered comments from the Village Engineer, Village
Planner and Building Inspector about the proposed project;
3. Requested, received and reviewed a Short Environmental Assessment Form;
4. Held a duly noticed public hearing; and
5. Considered the factors set forth in Village Code Sec. 450-67.A.
NOW, THEREFORE, BE IT RESOLVED, that Planning Board, after review of the materials
submitted, public comments and recommendations and the EAF has determined that the proposed
action is a Type II Action and makes a determination of non-significance of environmental impact; and,
be it further
RESOLVED, that the Planning Board has reviewed and approved the architectural design of the
Proposed Project; and, be it further
RESOLVED, that the said Application for site plan approval relative to construction of a twofamily home and other related improvements as shown on the site plan dated last revised 1/18/18 and
as may be subsequently revised, is hereby granted approval and the Applicant may obtain the endorsed
approval of the Planning Board Chair on a copy of the resolution and upon the site plan drawings, as and
when revised as necessary to show compliance with the following conditions, which endorsement shall
permit filing in the Sleepy Hollow Department of Architecture, Land Development, Buildings &amp; Building
Compliance (the Building Department) for purposes of obtaining a building permit in accordance with
this resolution and all building code requirements, provided however, that this approval shall expire one
(1) year after the date of this resolution if the following modifications and conditions have not been
completed to the satisfaction of the Planning Board and the Village Building Department, and, the
Applicant has not obtained the required building permit or permits for construction in accordance with
the approved plan(s):
1. The Applicant shall pay the Village of Sleepy Hollow all application and review fees as
required by the Village Code prior to a building permit being issued;
2. Documentation, sufficient in form and substance for the Village Engineer that the list of
items outlined in the Village Engineers 3/14/18 correspondence have been
incorporated onto the Site Plan drawings;
3. Prior to the issuance of a Building Permit, the Applicant shall submit a landscape plan
that includes appropriate street tree plantings, along the Valley Street and Depeyster
Street frontages. There shall be appropriate details included with the landscape plan
regarding planting and the provision of root barrier system. As required of other
applicants in the Village of Sleepy Hollow, a landscape maintenance bond shall be
posted to remain in effect for two years to ensure landscape plantings are established
and maintained in a healthy and vigorous growing condition. The extent of the bonds to
be determined by the Village Building Inspector and Village Administrator in
consultation with the Applicant and in a form satisfactory to the Village Attorney;
4. The proposed garden wall along Valley Street shall be designed with brick as originally
proposed.
5. The Applicant shall provide details sufficient to the satisfaction of the Building
Department how electric service will be connected and maintain the minimum
clearance above the sidewalk.
6. Final location of the two (2) gas meters to serve the project with appropriate screening.

�Realignment of the front porch steps with the front door as per the floor plan and the
space adjacent to the foundation appropriately landscape.
8. Prior to the issuance of a Certificate of Occupancy, an as built survey shall be provided
to the Village Building Department, any material change to the site plan from that
approved by the Planning Board will require the Applicant to present the revised plan
to the Planning Board for a site plan amendment.
PLANNING BOARD
VILLAGE OF SLEEPY HOLLOW

Gordon Swartz, Deputy Chair,

t}w umtersigned

Ion

7m

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                    <text>Village of Sleepy Hollow
Planning Board Meeting
April 19, 2018
The regular meeting was called to order at 8:10 PM by Deputy Chairman Gordon Swartz.
Present:

Gordon Swartz, Deputy Chairman
Edward McCarthy
Kersten Harries
Anthony DelVecchio

Absent:

Mathew Brennan
Lisa Santos, Chairwoman
Carl Aridas

Also Present:

Sean McCarthy, Village Architect
Clinton Smith, Village Attorney
David Smith, Village Planner
James Natarelli, Consulting Engineer

Agenda:
1) Roy &amp; Joan Behren, 15 Pokahoe Drive, Proposed one-family residence - Public hearing
2) 188 Cortlandt Street Corp., 188 Cortlandt Street- Public hearing
3) Toll Brothers, Inc., Edge-on-Hudson Riverfront Development, 199 Beekman Avenue,
Phase I, Block I site plan amendments- Public hearing
4) Lighthouse Landing Communities, LLC, Phase II infrastructure site plan- Presentation
5) Hall Management, LLC, 178 Beekman Avenue, Site Plan approval extensionDiscussion
6) The Salvation Army of Greater New York, 86-96 Valley Street &amp; 115 Wildey Street
Community Center &amp; Chapel Site plan approval extension- Discussion
7) Approval of minutes, March 22, 2018 and April 5,2018

1, Rov &amp; Joan Behren, 15 Pokahoe Drive, Proposed one-familv residence- Public hearing
Motion was made to open the public hearing.
Moved: DelVecchio
Seconded: McCarthy

Vote 4-0

Steve Feinstein is the attorney representing Roy and Joan Behren and stated that he is not only
their attorney for many years but also their friends and believes they will be wonderful neighbors
to the community.
Craig Flaherty is the Project Engineer from Redniss &amp; Mead. He stated that they have presented
to the Plarming Board three times and have submitted supplemental information for the

�application. Mr. Flaherty summarized the details of the Zoning compliance calculations in
relation to the lot size, floor area ratio, wetlands, and the storm water plan.
Gary Chase is the Project Architect from Vita Design Group. He summarized the proposed
architectural layout of the proposed one-family residence. Mr. Chase stated that the proposed
modem home is very much in keeping the neighborhood and allows them to celebrate diversity
with a play on materials. Mr. Chase presented the materials proposed to be used on the exterior
fa9ade including the concrete block, wood panels, windows, and the exterior trim details.
Abigail Adams is a Registered Landscape Architect from A2 Land Consulting, LLC. She
presented the plan for the exterior space. Ms. Adams described the plan for the driveway access,
access through the house to the outside terrace and living area with use of the existing elevations.
Ms. Adams stated that the plan was to use some of the existing boulders as retainage along the
rear of the property with construction of a small wall at the lawn area. Ms. Adams explained that
the higher portion of the property will be an undeveloped vegetated buffer and is where the
drainage system will daylight and help for water quality. Ms. Adams presented the planting plan
and stated that (13) trees are proposed to be removed as required for the construction of the
driveway and the home, and (16) trees are proposed to be planted including (7) evergreens and
(9) deciduous trees consisting of a combination of native Maples, Sweet Gum and Oak. Ms.
Adams stated that grasses, perennials and native shrubbery are also included in the planting plan.
Ms. Adams presented the lighting plan that shows photometric and is compliant with having zero
foot candles at the property line.
Steve Feinstein stated that since it is a public hearing, they are ready to answer any questions
from the Board and the public.
Deputy Chairman Swartz solicited comments from the Board.
Deputy Chairman Swartz stated that he thinks it would helpful to show the public examples of
the comparisons submitted of other residences in the neighborhood. Mr. Swartz stated there
should be more discussion on the history of the tree situation, specifically the trees that are being
proposed to be planted on the property and the trees that were taken off the property.
Craig Flaherty explained that an analysis of the tax cards was completed to address how the size
of the proposed house compared with the neighborhood. Mr. Flaherty referenced three locations
near 15 Pokahoe Drive that were similar in scale or larger than the proposed residence. Mr.
Flaherty stated that the residence located at 32 Hemlock Drive has a total building area of 5,525
square feet and a living area of the first and second floor of 4,594 square feet. The residence
located at 7 Pokahoe Drive has a total building area of 9,596 square feet and a living area of
5,652 square feet on the first and second floor as well a full basement that is not included in the
living area. The residence located at 9 Pokahoe Drive has a total building area of 9,733 square
feet and a living area of 5,313 square feet.

�Craig Flaherty presented the grade plan calculation for 21 Pokahoe Drive as an example to show
where the back lower walkout level was counted in the floor area as is more exposed verses the
proposed plan at 15 Pokahoe Drive.
Gary Chase expressed that keeping in the character and individuality of the neighborhood. He
stated every homeowner brings his or her own style to the home and that's what enables the
celebration of diversity.
Steve Feinstein addressed the Board. He explained that the contractor removed 18 trees without
permission or a permit when the property was purchased. After the violation was issued, he
represented the Behrens and met with the Tree Commission and prosecutor to go over how many
trees were over or fewer than eight inches in diameter. The issue was resolved in court and a
fine was paid. The Board was notified of the trees removed and they were included in the
calculations of tree removals.
Deputy Chairman Swartz questioned how many trees, in addition to the 18 trees cut down
without permission, are proposed to be removed.
Abigail Adams stated that 31 trees were proposed for removal including the 18 that were cut
down previously.
Deputy Chairman Swartz stated that under the tree ordinance, every tree removed has to be
replaced with two trees.
Steve Feinstein stated he understood the ordinance but that the appropriateness to put that many
trees on a site that cannot accommodate them should be open for discussion.
Deputy Chairman Swartz stated that his intent was to ensure that the public understands the
landscape plan in terms of the sizes of the trees proposed for removal, trees to be replaced and
that some of the larger trees require approval from the tree commission.
Abigail Adams stated that 12 of the 18 trees removed were 8 inches in diameter or less or within
the 10 foot barrier area therefore only 6 of the 18 trees removed would have required a permit.
She stated that 3 trees are located where the house is going to go and that only 10 trees would
require a permit for removal.
Abigail Adams stated that they have an updated exhibit that gives a clear indication of what trees
were previously removed, what trees required a permit to remove, and what trees did not
required a permit.
Deputy Chairman Swartz asked if any big trees, planned to be removed, are outside the 10 foot
barrier.
Abigail Adams stated that there are large trees proposed to be removed ranging from 8-9 inches
in diameter or above in diameter that require a permit and includes a large 40 inch diameter Oak
that is the development area in terms of the landscaping plan to create the outdoor space. Ten of

�the trees being removed require a permit. The plan proposes to replace 16 trees in lieu of the 20
trees required by the two-to-one requirement. The proposed deciduous trees will have a 2-2 '/a
inch caliper and will range from 12 to 15 feet in height when installed. The species chosen are
relatively fast growing. The proposed Maples and Sweet Gums will grow 2-3 feet the first year
and 4-5 feet each year. The proposed evergreens will range from 6-8 feet in height when
installed. Ms. Adams described where the trees are proposed to be planted on the property and
stated that when there are too many trees in one location it becomes an unhealthy situation.
Kersten Harries requested clarification of the removals of the 48 inch diameter Oak in the front
of the house and trees outside of the 10 foot line in the proposed patio area including, a 23 inch
diameter tree, a 40 inch diameter tree, a 44 inch diameter tree, and a 12 inch diameter tree.
Abigail Adams stated that the existing driveway is over 45 percent of the root system of the 48
inch diameter Oak tree and the Oak is sitting a little higher than the driveway. Up to 90 percent
of the root system is located within the first 20-24 inches below the ground. Proposed excavating
will need to be 12-16 inches to remove the driveway material. Ms. Adams stated that she has
consulted with an arborist who stated that 30-40 percent of the root system would be destroyed
by the excavation of the existing driveway. A retaining wall is needed to get from the upper
levels to lower levels and the majority of the root systems of the 44 inch diameter, 40 inch
diameter and the 20 inch diameter Oak trees are within the 10 feet building envelope. In order for
construction, it will be required to go 10-12 feet outside the box to be able to construct the
footings for the home.
Deputy Chairman Swartz requested that Sean McCarthy summarize the three communications
from residents of Sleepy Hollow.
Sean McCarthy stated that the Board is in receipt of an email from Daniel Wolins and Helena
Day, who reside at 10 Pokahoe Drive, which stated that they reviewed the construction plans and
the architectural plans and are in favor of the application. A letter from Robert &amp; Anne
Sorrentino, who reside at 23 Pokahoe Drive, also expressed satisfaction with the application and
are in favor of the project. The third correspondence is from Matthew Brennan, who resides at 53
Fremont Road. Mr. Brenan expressed his concerns about the size of the house as well as design
of the house and how it will fit in with the surrounding neighborhood. His bigger concern was
the clear cutting of the site and the amount of small bushes and saplings that would replace old
growth trees. Mr. Brennan states that the old growth trees are a distinguishing feature of the
Sleepy Hollow Manor neighborhood and that the trees add value to the neighborhood as well as a
source of property value. Mr. Brennan requested that the applicants and their advisors rethink
the design of the house so that the old growth trees can be preserved and remain a central part of
the neighborhood.
Deputy Chairman Swartz solicited comments from the public.
Josh Hall lives at 12 Pokahoe Drive and stated that he lives directly across the street from 15
Pokahoe Drive. Mr. Hall asked what was the existing set back on the south side of the proposed
construction.

�Craig Flaherty stated that the existing set back on the south side is 31 feet.
Josh Hall asked for the current height of the existing house.
Gary Chase estimated the height of the mid-point of the roof to be 18 feet and 22 feet at the peak
of the roof The flat roof section at the center of the proposed house is about 22 Vi feet.
Josh Hall stated the proposed house will reduce his view by 17 feet and requests that the setbacks
be reconsidered.
Alfred Strasser lives at 17 Pokahoe Drive and requested that there be a limit on the full size of
the plants or trees planted on the south side since the height could block his views,
Abigail Adams asked for clarification that he is requesting that shorter trees rather than larger
trees be planted. She stated that the 42 inch diameter Oak is staying and that they are proposing
Viburnums that get approximately 12 feet high, and the "Green Giant" Arborvitaes that get
about 50 feet high and will be in-line with the house.
Mr. Strasser stated the proposed trees would block his view and that he would object to the 50
foot trees, but that he is fine with the 12 foot trees being planted.
John Dauer lives at 8 Pokahoe Drive. Mr. Dauer stated that 7 Pokahoe Drive sits by itself and is
unique to the neighborhood and not really indicative of the neighborhood. The houses built in
the twenties and fifties were in general smaller modest size houses. The houses built by Kennedy
at 9 Pokahoe Drive and 32 Hemlock Drive are in the 5,000 square foot range and were not
indicative because they arrived due to a court settlement and if counted out, the remaining
homes range from 2,000 to 4,000 square feet. He understands that they want to maximize their
views of the river from all parts of the house, however in maximizing their views, the views of
the neighbors and others walking down the street as part of the River Walk are ruined. He
compared the homes that have been recently renovated and those who will probably renovate in
the fiiture and stated that if the 12 foot set back to the side lines is allowed to all the houses, you
will wind up with a wall along Pokahoe Drive. He stated that the larger house referenced and the
proposed house at 15 Pokahoe Drive will be of a different class and price point from the other
homes in the neighborhood, and doesn't believe it will increase his property value. Mr. Dauer
stated that he doesn't have problems with the height, just the width. He stated that he believes
the old trees should come down because they are old and dying and he will be taking his trees
down soon too.
Lori Wilson Strasser lives at 17 Pokahoe Drive. She stated her concerns about the planting of
the Arborvitae because they are very fast going trees and will be high in the 12 foot small area to
the right of them, and that they will wind up with no views of the river.
Deputy Chairman Swartz stated the public hearing will be continued till the May meeting
because there are a number of issues that are still open. There are only four members of the
Planning Board present and the vote would have to have a universal vote to move forward.

�Steve Feinstein questioned what specific issues need to be addressed.
Deputy Chairman Swartz stated that based on what was heard tonight, the landscape plan has to
be looked at in terms of the views and creating a gated type of community. They would like the
Tree Commission to weigh in on their view and perhaps have a dialog between an Arborist and
the Commission and that they should both have representatives present at the next meeting.
Steve Feinstein stated that the dialog has been ongoing.
Steve Feinstein asked for confirmation that Matthew Brennan is a Board member and stated that
the letter he submitted makes his opinion known and will not change the majority of the Board at
the next hearing.
Deputy Chairman Swartz stated that there is a Board of seven members and that whether or not
Mr. Brennan agrees or disagrees with the resolution decided by the Tree Commission and the
Arborists, it will go a long way to get the consensus between the two parties on how to proceed.
Steve Feinstein stated that they would like to close the public hearing at the next meeting.
Motion was made to continue the public hearing to the May 17,2018 meeting.
Moved: DelVecchio
Seconded: McCarthy

Vote 4-0

2.188 Cortland Street Corp., 188 Cortlandt Street- Public hearing
Mark Blanchard is the Attorney from Blanchard &amp; Wilson, LLP introduced himself to the Board
and the public. Mark Blanchard presented the application and site plan and stated that no changes
are being made to the structure and that they are before the Board to change permissible use. The
proposal is to utilize unused space above the detached garage as a desk support office and to park
two work vans inside the garage. He stated that Mr. Jeffers, the owner is also present to
elaborate on any questions.
Motion was made to open the public hearing.
Moved: McCarthy

Seconded: DelVecchio

Vote 4-0

Deputy Chairman Swartz solicited comments from the public.
James Natarelli asked if there are floor drains in the garage now.
Mark Blanchard stated that he did not look personally but that he was told that there are no floor
drains and that they are up to Code. It was discussed as to whether or not the installation of an oil
water separator was appropriate in the garage. Mr. Blanchard stated that there would not be any
additional petroleum storage with the parking and that this would allow them to remain within
Code compliance. If this became an issue with the Building Department and permit approvals,
they are willing to have it be a condition of the approval if required.

�James Natarelli made a recommendation that if there is a floor drain in the garage, it should be
inspected as to where the drain is and that it is connected to the proper Village system. If the
drain does exist, an oil water separator should be installed with it.
Kersten Harries requested clarification of the current use.
Mark Blanchard explained the retail uses on Cortlandt Street and the one residential (1) bedroom
apartment would remain the same. The proposed office space above the garage would fit in with
the general office allowed C2 use. There is access to usable space above the two garage parking
spots in which they would create a small office space.
Kersten Harries requested confirmation of the two existing commercial units on Cortlandt Street,
one residential unit above on Cortlandt Street and the detached garage that opens out to Chestnut
Street. She asked if the garage was currently used as the parking for the units on Cortlandt
Street.
Mark Blanchard stated that the garage space has been unused for a long time. Mr. Jeffers is in
contract to purchase the property if he can make sure that he can utilize the detached garage for
the storage of vehicles and permitted to make the office space.
Deputy Chairman Swartz expressed his concerns about the area being congested and that they
will utilize extra commercial parking spaces for the office; and that they will not utilize the
garage space to put the cars in when picking of the vans.
Mark Blanchard stated they would agree to the condition that cars would have to be kept in the
garage during the work day as to not exasperate additional commercial parking spaces. Many of
the workforce are also local residents and may walk to pick up the vans.
Deputy Chairman Swartz stated that no one has seen the inside of the office space.
Mark Blanchard said that only the square footage calculations were completed and that they
would work with Sean at the Building Department and address as an internal rehab in order to
get a permit.
Wayne Jeffers Jr. is the applicant under contract to purchase the property at 188 Cortlandt
Street. Mr. Jeffers stated that he is the owner of Barrier Contracting an environmental business
and described that part of the business is oil tanks and part of the business is underground survey
work. He stated that only hand tools are proposed to be stored in the garage. He pointed out that
the parking is the area is metered and that his employees would be unable to take up the spots for
an eight hour work day since there are limits on parking. He believes there will be no issues with
switching cars for the work vans. He explained that he is on a personal time crunch for moving
his home office along with a crunch with the seller.
Deputy Chairman Swartz suggested that an interim conversation be held with the Building
Department to be sure everyone is on the same page. Upon the Building Department confirming

�there are no issues, they can then prepare a resolution that may allow them to close the public
hearing next month and approve the resolution at the next meeting.
Clinton Smith asked how many vehicles would be parked in the garage space.
Mark Blanchard stated that code would state two vehicles are allowed but that although only two
work vehicles could be stored overnight, they could probably fit more than two personal vehicles
during the day inside.
Clinton Smith asked if the proposed garage office space would be closed or open.
Mark Blanchard replied that it is closed off structurally fi"om the outside but open fi-om the
garage interior space.
Clinton Smith requested a parking plan and description of the office space be submitted.
Mark Blanchard asked for confirmation that the Board will be looking for the drainage, parking
and the office space items to be clarified for the next meeting in order to get approval.
Motion was made to continue the public hearing to the May 17,2018 meeting.
Moved: DelVecchio
Seconded: Harries

Vote 4-0

4. Toll Brothers, Inc. Edge-on-Hudson Riverfront Development 199 Beekman Avenue
Phase L Block I Site Plan amendments- Presentation
Andrew Tung from Divney Tung Schwalbe LLP summarized the proposed changes to the
approved Site Plan for the four-story apartment complex of 188 units to include a swimming
pool, outdoor space, and expanded amenity area.
David Smith requested that an elevation and material plan be submitted for the fencing that will
be seen from the public street. He requested that a utility plan be submitted for locations of
transformers and switches.
Deputy Chairman Swartz asked Sean McCarthy to elaborate on the utilities that are sticking out.
Sean McCarthy stated that this information falls under the Phase I Site Plan application and
includes the utility companies switches and transformers relocated during the process, and that
they are working with the developer awaiting a coordinated utility plan to reflect where the
utility gear is going and how it will be treated by way of landscaping or permanent structures.
James Natarelli asked for confirmation of the receipt of the April 13, 2018 memo fi-om Dolph
Rotfeld Engineering, P.C. He stated it would be helpfiil for the Board to see cross sections of the
transition grade from the edge of the pavement to the sidewalk. Access to the train tracks fi"om
the site has to be addressed and coordinated with the Fire Department.

�Ed McCarthy acknowledged the indication of the parking spaces but asked if the landscape plan
would come later.
Andrew Tung confirmed yes that a landscape plan would follow.
Kersten Harries requested that plans changes to the elevations changes be submitted whenever
possible.
Motion was made to schedule a public hearing for the May 17,2018 meeting.
Moved: DelVecchio
Seconded: McCarthy

Vote 4-0

5. Lighthouse Landing Communities, LLC, Phase II Infrastructure site plan- Presentation
Mike Junghans is with Kimley Horn Engineering in White Plains. He stated that he was joined
with representatives of Lighthouse Landing Communities along with Nicole Emmons from Hart
Howerton. New pavements are proposed as an extension to Phase I to the north of Horseman's
Drive as well as Westwood Drive along the river and at Lighthouse Landing Drive extending to
the center. Providing an infrastructure plan gives a basis to be able to construct Phase II in the
future. The plan includes roadways to the back of the sidewalk and all the utilities within the
roadways. There will be no work completed within the areas of the buildings. The site will only
be graded and left flat. Changes to the roadways will include widening the travel lanes up to a
26 foot wide road in the middle for fire truck access. All of the boulevards will be eliminated.
The parking along the river will change from street side parking to angle parking. This change
will allow for 11 additional parking spaces along the riverfront. It will push the development a
little closer to the river but will still provide over 100 public parking spaces against the water.
The new widened roadways will provide easy site access to Ichabod's Landing emergency
access off of Westwood Drive. The drainage will provide for site drainage for Phase IV and V to
the north. All of the water from the north will come south and get diverted through the
development and discharged to an existing structure that feeds out to the Hudson River. The
Sanitary Sewer design plan shows that all sewage from the north park west of central park will
be discharged to a county manhole that is located under the Beekman Avenue circle.
Deputy Chairman Swartz suggested it would helpful to provide a utility plan.
Mike Junghans stated that they are finishing up the process of the submittals to the Department
of Health. The drawings include profiles of the utility lines as required for review. Mr. Junghans
stated that they have been working through the comments from the March 7, 2018 letter
submitted by the consultants and have submitted revisions prior to the meeting. They will be
providing 3D models of the water and sewer utilities.
Anthony Catalano from Woodward &amp; Curran acknowledged their response to the March 7,2018
letter submitted on April 13,2018 and that two additional engineering reports were received for
water and sanitary. Mr. Catalano stated that the utility plan needs more information regarding
gas and electric that shows more detail in 3D images. A condition assessment for the proposed
storm water pipes is requested to ensure its integrity and that the pipes can handle the capacity of
the proposed flow. It is anticipated that Lighthouse Landing Engineers will provide the

�assessments in the next couple of weeks. Woodward and Curran would need some time to review
the recent engineering reports and that after review would issue a follow up to the March 7, 2018
memo to close any remaining issues.
Deputy Chairman Swartz asked Mike Junghans what timing would be required to wrap up open
issues.
Mike Junghans stated he thinks they could wrap up technical issues within the next week or so.
Anthony Catalano stated that he will need to review the engineer reports first and provide
feedback. He suggested that the requested assessments and utility plans be worked on while they
are reviewing the engineering reports. Mr. Catalano stated that he should be able to complete the
review of the information submitted by the end of next week.
Deputy Chairman Swartz suggested that they provide all the information by the May 17, 2018
meeting and schedule a public hearing for an interim June 7,2018 meeting.
Sean McCarthy stated that they would have to submit by May 11, 2018 in order to have a public
hearing on June 7, 2018.
Nicole Emmans presented the sections to illustrate the revisions required by the 2016 New York
State Fire Code to provide an unobstructed way for fire apparatus access. Ms. Emmans presented
the plan for proposed landscape and planting for street trees.
David Smith asked if they had given consideration to the species of trees that are tolerant of the
Hudson River conditions.
Nicole Emmans stated that Honey Locust trees are tolerant of water locations.
There was a discussion between Kersten Harries and Nicole Emmans on the changes in the
building space dimensions based on changes to the roadways widths. Ms. Emmans stated that
setbacks remain consistent and that there will be no significant change to the building areas.
There was a discussion between Kersten Harries and Nicole Emmans regarding details of the
shift from commercial to residential along the river.
Kersten Harries asked if there was a lighting plan submitted.
Craig Tompkins stated that above ground electrical plans have been requested from the utility
companies for Phase II. The final lighting plan for Phase I is being reviewed with the Building
Department and will allow for the Phase II lighting plan to follow. Phase II lighting plans will be
completed before a public hearing is scheduled. Con Edison has relocated gas valves out of the
crosswalks for Phase I and this work will be continued throughout Phase II.
Motion to schedule a public hearing for June 7, 2018 pending submissions received by May 11,
2018.

�Motion: Harries

Seconded: McCarthy

Vote 4-0

6. The Salvation Army of Greater New York- 86-96 Valley Street &amp; 115 Wildev Street
Community Center &amp; Chapel site plan approval extension- Discussion
Lucia Chiocchio is an Associate Partner with Cuddy &amp; Feder and requested a one year extension
for the site plan. She noted that a one year extension for variances was granted the night before
by the Zoning Board of Appeals. She stated that in March of last year, the Village of
Tarrytown's Planning Board granted a two year extension. In order to remedy the dumpster
being used by others, they are planning to install an enclosure around it and are in the process of
doing so.
Deputy Chairman Swartz solicited comments from the Board.
Anthony DelVecchio noted that the Zoning Board stated that additional variance extensions
would not be granted.
Lucia Chiocchio acknowledges the Zoning Board of Appeals decision in which if another
extension is requested a more comprehensive review would be required.
Anthony DelVecchio asked if there were any timelines for breaking ground.
Lucia Chiocchio stated that they have new personnel in respect to the structure of finances but
does not have a timeline for breaking ground.
Deputy Chairman Swartz suggested the condition for the extension require the Salvation Army
to present their progress to the Board three months prior to the expiration date of the extension.
The lot has been vacant for five years and the area may be rezoned and plans may need to
change.
David Smith stated a draft resolution has been prepared and that one additional resolve will be
added to state that the Planning Board will require the applicant to appear before the Board three
months prior to the expiration of the extension.
Motion was made to approve the resolution as amended.
Moved: DelVecchio
Seconded: McCarthy

Vote 4-0

Deputy Chairman Gordon Swartz - yes
Edward McCarthy - yes
Kersten Harries- yes
Anthony DelVecchio - yes
VOTE: 4-0

APPROVED

7» Hall Management LLC, 178 Beekman Avenue, Site Plan approval extension-Discussion
Om Diham is the owner of Hall Management and requested that a one year extension be granted
so that they may continue to use 178 Beekman Avenue as their Temple and Place of Worship.

�He stated that although they have land in White Plains, they do not have the funds to complete
the structure. They only meet once a week on Saturdays.
Deputy Chairman Swartz asked Sean McCarthy if there were issues or complaints about the
situation.
Sean McCarthy stated that no issues or complaints have been received.
Deputy Chairman Gordon Swartz solicited comments from the Board.
Anthony DelVecchio asked what the status was in regards to the new building in White Plains.
/

Mr. Diham stated that they have broken ground and there is a foundation. Their intention is to
build the temple and they only want a temporary location and not seeking a permanent permit.
Deputy Chairman Swartz asked David Smith if there was a resolution drafted.
David Smith confirmed that there is a resolution drafted prepared and circulated to the Planning
Board which calls for the extension for one year coinciding with the extension granted by the
Zoning Board of Appeals.
Motion was made to approve the resolution.
Moved: DelVecchio
Seconded: McCarthy

Vote 4-0

Deputy Chairman Gordon Swartz- yes
Edward McCarthy - yes
Kersten Harries - yes
Anthony DelVecchio - yes
VOTE: 4-0

APPROVED

8. Approval of minutes, March 22,2018 and April 5,2018
There was a discussion on changes and corrections requested to be made to the March 22,2018
draft minutes.
Motion was made to approve the minutes as discussed.
Moved: DelVecchio
Seconded: Harries
Gordon Swartz, Deputy Chairman- yes
Edward McCarthy - yes
Kersten Harries- yes
Anthony DelVecchio - yes
VOTE: 4-0

Vote 4-0

APPROVED

There was a discussion on changes and corrections requested to be made to the April 5, 2018
draft minutes.

�Motion was made to approve the minutes as discussed.
Moved: DelVecchio
Seconded: Harries
Gordon Swartz, Deputy Chairman- yes
Edward McCarthy - yes
Kersten Harries- yes
Anthony DelVecchio - yes
VOTE: 4-0
Motion was made to adjourn the meeting at 10:50 PM.
Moved: McCarthy
Seconded: DelVecchio

Respectfully ubraitted,
Pamela P e n ^ hkCj
Secretary to he Planning Board

Vote 4-0

APPROVED
Vote 4-0

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                    <text>AprU19,2018

RESOLUTION
Adopted at the AprU 19,2018 Meeting of the
Village of Sleepy Hollow Planning Board

WHEREAS, on or about August 12,2014, an application was submitted on behalf of Hall
Management, LLC ("the Applicant") seeking site plan approval to permit reuse of a
portion of 178 Beekman Avenue (aka the French Social Club or the "Site") as a place of
worship on a temporary basis, approximately 18 months, while a permanent facility is
being constructed in White Plains ("the Proposed Action"); and
WHEREAS, the reuse of 178 Beekman would include the reuse of the first floor of the
building, there is no off-street parking associated with this property; and
WHEREAS, the proposed use is a permitted use in the C-2 District, and the building
meets the various dimensional requirements associated with the C-2 District; and
WHEREAS, given the existing conditions of the building, dimensionally, as it is situated
on the lot, and the lack of on-site parking required by the Village Code, the Proposed
Action was referred to the Zoning Board of Appeals; and
WHEREAS, on October 15, 2014, after a properly noticed public hearing on the
Proposed Action, the Zoning Board of Appeals granted approval of the required
dimensional and parking variances; and
WHEREAS, the Planning Board reviewed and considered the Proposed Action at its
September 18, 2014 and October 16, 2014 meetings; and
WHEREAS a properly noticed public hearing on the Proposed Action was held before
the Planning Board on October 16, 2014, at which time those wishing to be heard were
given the opportunity to speak; and
WHEREAS, the Planning Board and its consultants scrutinized and evaluated the
information presented in the Planning Board Application, Environmental Assessment
Form, Site Plan Drawings and supporting analyses and letters; and
WHEREAS, the Applicant appeared before the Village of Sleepy Hollow Zoning Board
of Appeals on April 18, 2018 to request and extension of their previously granted
variance and said extension was granted for one year; and,
NOW, THEREFORE, BE IT RESOLVED, the final site plan approval, as defined in the
recitals is granted an extension for one year to coincide with the extension granted by the
Zoning Board of Appeals on April 18,2018; and be it further
RESOLVED that that all other conditions of the original Site Plan Approval remain in
full force and effect.

�THE PLANNING BOARD OF THE
VILLAGE OF SLEEPY HOLLOW

^ ^ o f d o n Swartz, f)epmy Chainnan

,ttteundefsiQned
Deputy Oerfc, t hereby certify t ^ ^
rue a)py of m extract duty actofjted the B m ^ ^
ste^of the VlIfaQe of Sleepy Hotiwvi onthe fflLday
. 20
and of the whole thereof^
f further certify that the same was entered into the
jtes of the meeting of said Board of Tnjstees held oh
! date.
WITNESS WHEREOF, I have htteunto set my hand ^
idal seal
rf
Ccj^j^^

Date

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                    <text>April 19, 2018

RESOLUTION
SITE PLAN APPROVAL EXTENSION
SALVATION ARMY - VALLEY STREET
WHEREAS, in April 2012, an application was submitted on behalf of the Salvation
Army ("the Applicant") seeking site plan approval to permit redevelopment of the former
Frank's Chevrolet site at 86-96 Valley Street aiid the existing Salvation Army site at 115
Wildey Street into a new conmiunity center and chapel ("the Proposed Action"); and
WHEREAS, the new facility would include a chapel, offices, classrooms, and a multipurpose room/gymnasium, and supporting off-street parking; and
WHEREAS, upon completion of the new building, the existing Salvation Army center at
115 Wildey Street would be demolished and replaced with parking and landscaping; and
WHEREAS, the proposed multi-function community center is a permitted use in the C-2
District, and the building meets the various dimensional requirements associated with the
C-2 District; and
WHEREAS, since the proposed site plan provides less off-street parking than required by
the Village Code, the Proposed Action was referred to the Zoning Board of Appeals; and
WHEREAS, on January 16,2013, after a properly noticed public hearing on the Proposed
Action, the Zoning Board of Appeals granted approval of the required parking variances
and authorized the land-banking of 15 spaces which was subsequently extended; and
WHEREAS a properly noticed public hearing on the Proposed Action was held before
the Planning Board on April 18, 2013, at which time those wishing to be heard were
given the opportunity to speak; and
WHEREAS, the Planning Board granted the original Site Plan approval to the Applicant
on May 16, 2013; and
WHEREAS, the Applicant has appeared before the Planning Board on numerous
occasions to request extensions of the original site plan approval; and
WHEREAS, the Planning Board has noted that the property has not been developed since
the initial site plan approval and that conditions at the Site presented a less than desirous
appearance for the neighborhood and did request that the Applicant make certain
improvements to enhance the appearance of the Site; and
WHEREAS, the Applicant has presented and made certain improvements to enhance the
appearance of the Site; and
WHEREAS, at the November 16, 2017 meeting of the Planning Board it was requested
that a Resolution be prepared which allowed the extension of the originally granted site
plan approval until March 31,2018; and

�WHEREAS, the Planning Board at its March 22 meeting did grant an extension of the
original Site Plan approval until May 31, 2018 to coincide with similar extensions
anticipated to be granted by the Zoning Board of Appeals;
WHEREAS, on April 18, 2018, the Village of Sleepy Hollow Zoning Board of Appeals
did grant the Applicant an extension of their previously requested variance for one year;
and
NOW, THEREFORE, BE IT RESOLVED, that the Planning Board, at its April 19, 2018
meeting does hereby grant an extension of the original Site Plan for one year to coincide
with the extension granted by the Zoning Board of Appeals; and, be it further
RESOLVED, that the Planning Board shall require the Applicant to appear before the
Board at least three months prior to the site plan approval expiring to provide an update
as to progress; and, be it further
RESOLVED, that all other conditions of the original Site Plan Approval remain in full
force and effect.

THE PLANNING BOARD OF THE
VILLAGE OF SLEEPY HOLLOW

Date

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.aid date.
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                    <text>Village of Sleepy Hollow
Planning Board Meeting
May 17, 2018
The regular meeting was called to order at 8:10 PM by Chairwoman Lisa Santo
Present:

Lisa Santo, Chairwoman
Gordon Swartz, Deputy Chairman
Edward McCarthy
Kersten Harries

Absent:

Mathew Brennan
Anthony DelVecchio
Carl Aridas

Also Present:

Sean McCarthy, Village Architect
Clinton Smith, Village Attorney
David Smith, Village Planner
James Natarelli, Consulting Engineer

Agenda:
1) 188 Cortlandt Street Corp.,188 Cortlandt Street - Continued public hearing
2) Roy &amp; Joan Behren, 15 Pokahoe Drive, Proposed one-family residence - Continued
public hearing
3) Toll Brothers, Inc., Edge-on-Hudson Riverfront Development, 199 Beekman Avenue,
Phase I, Block I site plan amendments - Public hearing
4) Brooklyn Global, LLC, 228 North Washington Street, Proposed studio event space Public hearing
5) Lighthouse Landing Communities LLC, Edge-on-Hudson Riverfront Development,
199 Beekman Avenue, Phase II infrastructure site plan - Discussion
6) National Trust for Historic Preservation, Bedford Road parcels, Proposed subdivisionPreliminary presentation
7) Landrock, LLC, 231 Webber Avenue, Amended site plan approval - Presentation
8) Philipse Manor Beach Club, Western end of Palmer Avenue, Proposed covered deck Preliminary presentation
9) Approval of minutes, April 19, 2018
1. 188 Cortland Street Corp., 188 Cortlandt Street - Public hearing
Motion was made to open the public hearing.
Moved: Swartz
Seconded: McCarthy

Vote 4-0

Mark Blanchard is the Attorney from Blanchard &amp; Wilson representing the applicant. Mr.
Blanchard stated that a revised plan was submitted to address the concerns in regards to the
parking and the proposed second floor office space. The employee vehicles will be able to park

�tandem to the work vans in the garage space and will not require the use of additional off street
parking spaces or cause any traffic related issues to switch the vehicles for the work day. A floor
plan was submitted for the proposed second floor office space above the garage. A site visit with
Sean McCarthy identified some Code issues. Mr. Blanchard stated that a condition could be
added to a resolution in which states that the office space must be Code compliant in order to
proceed.
Chairwoman Santo solicited comments from the Board.
Gordon Swartz stated he was informed that the area above the garage needs substantial work in
order to be Code compliant.
Mark Blanchard stated he is aware there are issues with the stairs, egress and clearances.
Gordon Swartz stated that alternate options were available for the office space. Mr. Swartz stated
that building the office space inside the garage or in the vacant store front on the first floor would
allow the work to start immediately since the spaces are already Code compliant.
Sean McCarthy stated that the issue of installing a water oil separator is still open.
Mark Blanchard stated that he sees no problem with installing a water oil separator drain in the
middle of the garage.
Chairwoman Santo solicited comments from the public.
There were no public comments.
Motion was made to close the public hearing.
Moved: Swartz
Seconded: McCarthy

Vote 4-0

Motion was made to open a discussion in regards to the conditions to be added to the draft
resolution.
Moved: Swartz
Seconded: McCarthy
Vote 4-0
Gordon Swartz requested that Clinton Smith read the draft resolution.
Clinton Smith read the conditions of approval as listed on the draft resolution.
Gordon Swartz requested a condition be added to state that the corporate space must be up to
Code before the applicant may proceed with using the garage space for vehicle storage.
Motion was made to approve the draft resolution with added conditions as discussed.
Moved: McCarthy
Seconded: Harries
Lisa Santo, Chairwoman - yes
Gordon Swartz, Deputy Chairman - yes
Ed McCarthy - yes

�Kersten Harris - yes
VOTE 4-0

APPROVED

2. Roy &amp; Joan Behren, 15 Pokahoe Drive, Proposed one-family residence - Public hearing
Motion was made to open the public hearing.
Moved: Swartz
Seconded: Harries
Vote 4-0
Steve Feinstein is the attorney representing Roy and Joan Behren. He stated that additional
documents were submitted to resolve questions from the previous public hearing along with a
revised planting plan as a result of a site visit and discussions between the applicant and
members of Tree Commission.
Chairwoman Lisa Santo asked Sean McCarthy to confirm receipt of additional information.
Sean McCarthy confirmed receipt of the submissions for the record.
Chairwoman Santo solicited comments from the Board.
Chairwoman Santo solicited comments from the public.
Ken Wray is the Mayor and lives at 1 Riverside Drive, #14. He stated that public hearing
proceedings should start with an explanation of the parameters in which the public is asked to
comment on. As in this case, it is important to know the square footage is within the existing
Zoning Code, the height is within the existing Zoning Code, and setbacks that are within the
existing Zoning Code. This would allow those who comment to know that the applicant is
within their rights to proceed. Neighbors may disagree with the proposed size or position of the
house but this means the problem is with the Zoning Code itself, not the application. The Board
may not make retroactive changes to the Zoning Code. Mr. Wray stated that he welcomes
people coming into Sleepy Hollow who are making investments into the community and strongly
favors approving this project to go forward. Mr. Wray stated the process should be more concise
and shorter by laying out the parameters of how the application fits within the Code.
Chairwoman Santo stated her agreement with Mayor Ken Wray. She stated the public hearing
process allows the applicant to hear how the people around them to feel about the proposed
project. Chairwoman Santo stated that if the proposed application is compliant with the Village
Code and the applicant is willing to work with suggestions from the public, the Board, and
Commission members, the process is very helpful.
Sean McCarthy asked for the Tree Commission to confirm that their comments were on the
record.
Chairwoman Santo stated that there was a discussion between the applicant and the Tree
Commission on record and asked Francois Rejeili to confirm the agreement.

�Francois Rejeili stated that he and other members of the Tree Commission met with the applicant
and the results were constructive and fruitful. He stated that based on the agreement, he approves
the project to move forward.
Sean McCarthy asked Mr. Rejeili to confirm that the agreement made at the site visit was
reflected on the revised plan.
Francois Rejeili stated that the plans detail and reflect the changes they agreed upon.
Motion was made to close the public hearing.
Moved: McCarthy
Seconded: Swartz

Vote 4-0

Clinton Smith read the conditions of approval as listed on the draft resolution.
Motion was made to approve the resolution.
Moved: McCarthy
Seconded: Harries
Lisa Santo, Chairwoman - yes
Gordon Swartz, Deputy Chairman - yes
Ed McCarthy - yes
Kersten Harris - yes
VOTE 4-0

APPROVED

3. Toll Brothers, Inc., Edge-on-Hudson Riverfront Development, 199 Beekman Avenue
Phase I, Block I Site Plan amendments - Public hearing
Motion was made to open the public hearing.
Moved: Swartz
Seconded: Harries

Vote 4-0

Andrew Tung from Divney Tung Schwalbe, LLP summarized the proposed changes to the
previously approved Block-I Site Plan for the four story apartment complex of 188 units to
include a swimming pool, an additional recreation space, and a parking lot.
Chairwoman Santo asked James Natarelli if all the issues were resolved.
James Natarelli stated that in the May 11, 2018 memo, it was requested that guard rails be
installed along the depressions at the rear of the parking lot along the storm water retention
basins. The grass area in front of the buildings, between the sidewalk and the roadway, seem to
be steep in some areas. It was requested that the grade change be adjusted to 10% maximum.
Chairwoman Santo asked why handicap accessibility was proposed in the rear of the building
only.
Andy Tung stated that there is a grade change because the buildings were lifted above the
anticipated base flood elevations. The buildings are close to the street and sidewalks. Ramps
would be possible in the front but it would eliminate planting strips and terrace options.

�It is easier to access at grade in the rear of all three buildings.
Chairwoman Santo asked for details of the proposed parking and the easement on the plan for the
East parcel.
Andy Tung stated that the easement is located at the north east corner of the site in event of a
future bridge being built over the tracks. It would rise to clear over the tracks and pass over the
parking spaces in height by 20 feet. No parking spaces would be lost in the event that the bridge
is built.
Chairwoman Santo asked if there were any safety features planned for the parking lot.
Andy Tung stated that there are a series of linear rain gardens to be installed between the curb on
the east side of the parking lot and the perimeter wall to help with storm water management.
Tolls Brothers Inc. will also install a guard rail along the entire length of the rain gardens.
Sean McCarthy stated that due to the number of parking spaces it is required for normal traffic
control devices be installed in the parking lot.
Chairwoman Santo asked if there were still going to be street trees included in the landscaping
plan.
Andy Tung stated that all street lights and street trees will be done as part of the infrastructure of
approved for Phase I.
Gordon Swartz stated his concern about the buildings not being handicap accessible from the
front. Mr. Swartz suggested the consideration for the senior housing building to have
accessibility from both the front and the back.
Chairwoman Santo asked what the plan is for the garbage and recycling.
Andy Tung stated that garbage will be stored inside the building and brought out on the day the
trucks will come to pick up.
Sean McCarthy requested that details of the pool enclosure wall and glass combination be
provided in order to confirm there are no protrusions on the wall that would allow someone to
climb over and defeat the purpose of the 48 inch height requirement.
Kersten Harries asked if screening will be provided to cover the large transformers that will be
viewed from the pool to the street.
Andy Tung stated that the transformers were moved back so they could provide screening around
them and that it may not be represented clearly on the plan.
Kersten Harries asked for confirmation on what area is public space verses private.

�Andy Tung stated that only the area around the pool is fenced in; the sidewalk will be public.
Andy Tung addressed the earlier questions from James Natarelli. Mr. Tung stated the grade
elevation can be lowered from 15 inches to 6 inches along the curb at Legend Drive and at the
catch basins.
Clinton Smith asked if the signs for the buildings have changed.
Andy Tung stated that signs for the building have not changed.
Chairwoman Santo solicited comments from the public.
There were no public comments.
Motion was made to close the public hearing.
Moved: Swartz
Seconded: Harries

Vote 4-0

Clinton Smith stated that there is a draft resolution which includes the conditions from the prior
approved resolution. He suggests that a condition be added to the resolution.
David Smith stated a condition number twenty-four will be added to the draft resolution to state
"The Applicant shall modify the site plan to address the building accessibility for the Building I1 to allow for handicap access from both the front and rear of the building."
Motion was made to approve the resolution as amended.
Moved: Swartz
Seconded: McCarthy
Lisa Santo, Chairwoman - yes
Gordon Swartz, Deputy Chairman - yes
Ed McCarthy - yes
Kersten Harris - yes
VOTE 4-0

APPROVED

4. Brooklyn Global, LLC, 228 North Washington Street, Proposed studio event spacePublic hearing
Motion was made to open the public hearing.
Moved: Swartz
Seconded: McCarthy

Vote 4-0

Sam Vieira summarized the approvals granted by the Zoning Board of Appeals at the May 16,
2018 meeting and solicited the Board for any final comments in hopes of approval.
Gordon Swartz asked how deliveries, drop offs, and garbage will be managed and if they will be
making any improvements to the fa9ade of the building.

�Sam Vieira stated that no major architectural changes are planned. There will be minor repairs
completed such as brick repointing, power washing, painting, roofing and most likely new
signage. All required permits will be submitted through the Building Department for approval.
Mr. Vieira stated that most pick up and deliveries will be conducted during normal business
hours where parking spaces are readily available or at the existing curb cut. Proposed events will
not always be food orientated. Garbage will be stored in the first floor kitchen area and brought
out for days of pick up by local or private carting companies. The use of the existing attached
shed will also be considered for garbage can storage.
Kersten Harries asked if there have been any thoughts on providing a lift for the handicap
accessibility on the second floor.
Sam Vieira stated that the building at grade is in between levels. The installation of handicap
accessible ramps is not possible due to space restrictions that would affect the egress space
required for fire protection. The Building Code states that 20 percent of the total budget cost
should be allocated for handicap renovations. Using that formula, it was decided to make the
bathrooms handicap accessible to enable the use of all the facilities upon gaining entrance to the
upper or lower levels. Installing a three stop elevator would exceed 20 percent of the total
budget cost and therefore not considered.
Ed McCarthy asked if the referenced curb cut was still part of the property owned by the roofing
company. He stated his concerns that the driveway would be blocked during deliveries.
Sean McCarthy confirmed that the property was sold and currently occupied by a new business
on the first floor with apartments above.
Sam Vieira stated that the curb cut would not be used for parking cars. It would be used as a
quick pick up and drop off location.
Chairwoman Lisa Santo solicited comments from the public.
Ken Wray is the Mayor and lives at 1 Riverside Drive, #14. He stated his support for the
proposed project and welcomes the investment into the downtown area that has been vacant for a
long time. Mayor Wray stated that he looks forward to seeing a good outcome from the Planning
Board to approve a new thriving business in hopes it will promote other downtown businesses.
Gordon Swartz stated he supports the approval and that the Planning Board has been very
supportive of this project in past meetings.
Motion was made to close the public hearing.
Moved: Swartz
Seconded: Harries

Vote 4-0

Motion was made to approve the proposed studio event space at 228 North Washington Street.
Moved: Swartz
Seconded: McCarthy
Lisa Santo, Chairwoman - yes

�Gordon Swartz, Deputy Chairman - yes
Ed McCarthy - yes
Kersten Harris - yes
VOTE 4-0

APPROVED

5. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199
Beekman Avenue, Phase II infrastructure site plan- Discussion
Mark Weingarten is a partner at DelBelo Donnellan Weingarten Wise &amp; Wiederkehr, LLP. Mr.
Weingarten stated that he is there to address questions from the May 3, 2018 technical memo
from Woodard &amp; Curran and questions from David Smith, the Village Planner. Mr. Weingarten
stated the intention is to move forward with a public hearing for the next meeting on June 21,
2018.
Anthony Catalano is the Senior Principal at Woodard &amp; Curran Engineering, P.A. P.C. He
stated the meetings have been successful in addressing the questions from the May 3, 2018
technical memo. It was agreed that the applicant will continue to work on the responses in
relation to storm water pipes and discharge, water engineering, and sewer sanitary issues. Mr.
Catalano stated that they are awaiting a Utilities Plan.
Chairwoman Santo asked if there was also something that the Board of Trustees is working on.
David Smith stated that there are four essential items requested for how Phase II relates to the
Village Riverfront Development Concept Plan. The Planning Board asked the Village Board to
provide some guidance as to whether the modifications are within the intent and spirit of the
plan. Issues were discussed with the Village Board and the Planning Board is awaiting their
response.
Motion was made to schedule a public hearing for the June 21, 2018 pending the receipt of
response submissions from the applicant and the Board of Trustees.
Moved: Swartz
Seconded: McCarthy
Vote 4-0
Kersten Harries requested that future submissions be sent in digital form and to change plans to
half size.
6. National Trust for Historic Preservation, Bedford Road Parcels, Proposed subdivision Preliminary presentation
Andrew Tung from Divney Tung Schwalbe, LLP presented the application for a lot line
adjustment and a subdivision of two existing parcels on Bedford Road. Mr. Tung explained the
submission illustrates the two parcels by grey colors and shows that the Village line adjoins with
the Town of Mount Pleasant on both parcels. The parcel to the North East is part of what is
known as the Rockefeller "Playhouse". Both parcels are owned by the National Trust since the
death of David Rockefeller. It is proposed to move the common lot line in order to make the
South parcel larger and the North "Playhouse" parcel smaller. Both parcels are in the R-1
Zoning District and will continue to conform to the Code requirements. There are no plans to

�change ownership or make any improvement to the parcels. The purpose of this subdivision is to
shrink the North "Playhouse" parcel in order to keep it on the tax rolls and increase the size of
the South parcel so they could apply to be tax exempt as part of a Historical Monument. Parallel
proceedings are being conducted for approval with the Town of Mount Pleasant due to the
shared boundary lines.
Motion was made to schedule a public hearing for the June 21, 2018 meeting.
Moved: Swartz
Seconded: McCarthy

Vote 4-0

7. Landrock, LLC, 231 Webber Avenue, Amended plan approval - Presentation
Donna Maiello is a Senior Associate and Landscape Architect from Divney Tung Schwalbe LLP.
Ms. Maiello stated that Landrock LLC received Site Plan approval and a Wetland Permit on
October 21, 2010 which included the relocation of the existing driveway entrance to the east, the
creation of a storm water basin, the installation of landscaping and stone walls, and the
installation of utilities. Ms. Maiello stated that as per the original plan, all utilities were
supposed to be installed in a corridor in the existing driveway location. Con Edison shifted and
installed the service pole 120 feet to the East. Due to the Wetland topography, it is suggested to
install a raised utility trench across the wetlands in the proposed area of the future driveway
location with a culvert underneath for drainage management. The application is for a site plan
amendment to adjust the design of the driveway entrance area including changes to the stone
walls to create a 16-foot wide driveway area and reshaping and grading of the storm water basins
without significantly changing the storage volume that was approved on October 21, 2010. Ms.
Maiello stated that the plan has been revised to allow for emergency access of both old and new
fire trucks to the site.
Chairwoman Lisa Santo solicited comments on the letter received from Donald Stever, the
attorney representing Carol M. Lyden, owner of the property that abuts the Landrock, LLC
property.
Kristen Motel from Cuddy &amp; Feder stated that there is no application or intent for a subdivision.
Landrock LLC is only seeking amendments to the site plan for the wall and driveway area at this
time.
Motion was made to schedule a public hearing for the June 21, 2018 meeting.
Moved: Swartz
Seconded: McCarthy

Vote 4-0

8. Philipse Manor Beach Club, Western end of Palmer Avenue, Proposed covered deck
Preliminary presentation
Tom Andruss is a Board Member of the Philipse Manor Beach Club. Mr. Andruss presented the
application to rebuild the existing wooden lifeguard deck with a pavilion style roof for safety and
comfort.
Frank Tancredi is the Architect for the project. Mr. Tancredi presented the plans for the proposed
deck including a new set of stairs for direct access from by the life guards. The roof will be an

�Architectural Hip roof and the decking material will be constructed with pressure treated wood
wrapped in Azek to be similar to the dining deck and bathrooms. Railings will be installed to
match the existing railings on the dining deck. The existing rocks will help provide run off from
the gutters. There is no new landscaping proposed as part of the plan.
James Natarelli requested that a plan be submitted with drainage detail that illustrates whether a
splash block or energy dissipater will be installed in relation with the existing topography. Mr.
Natarelli also requested that an plan be submitted that illustrates the elevations to include the
retaining wall and the comparisons of the existing and the proposed finished construction
elevations
Chairwoman Santo requested that samples be submitted for the proposed materials.
Motion was made to schedule a public hearing for the June 21, 2018 meeting
Moved: Swartz

Seconded: Harries

Vote 4-0

9. Approval of minutes, April 19, 2018
Motion was made to approve the minutes for April 19, 2018.
Moved: Swartz
Seconded: McCarthy
Lisa Santo, Chairwoman - yes
Gordon Swartz, Deputy Chairman - yes
Ed McCarthy - yes
Kersten Harris - yes
VOTE: 4-0

Vote 4-0

APPROVED

Motion was made to go into Executive Session to discuss potential litigation at 10:10 PM.
Moved: Swartz
Seconded: McCarthy
Vote 4-0
Motion was made to adjourn the meeting at 11:30 PM
Moved: Swartz
Respectfully Submitted,
Pamela Pengelski
Secretary to the Planning Board

Seconded: McCarthy

Vote 4-0

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                    <text>RESOLUTION
Adopted at the May 17,2018 Meeting of the
Village of Sleepy Hollow Planning Board
RESOLUTION:

SITE PLAN APPROVAL - RIVERSIDE STUDIOS

PROPOSED:

Conversion of former VFW to multi-purpose event space

LOCATION:

228 North Washington Street

TAX MAP
DESIGNATION:

Section 115.11 Block 4, Lot 62

ZONING:

C-2 Central Commercial

WHEREAS, the Planning Board of the Village of Sleepy Hollow has reviewed an application for
site plan approval (the Application) pursuant to the Village Zoning Ordinance, Article X, Site Plan review,
and to applicable laws and regulations considered pertinent to the Application, which is for the a change
in use from a currently vacant former VFW to a multi-purpose event space. The Application is submitted
on behalf of Diana Rubin, member of Brooklyn Global, LLC (the Applicant).
WHEREAS, the Planning Board has reviewed the following materials:
1. Site Plan application, dated 3/5/18, signed by Diana Rubin;
2. Cover letter dated 3/5/18 from Samuel F. Vieira, Architect, P.C.
3. Site plan set for the subject site, dated 12/18/17, revised 3/1/18 submitted by Samuel F.
Vieira, Architect, P.C.;
4. Short Environmental Assessment Form, dated 3/5/18 signed by Diana Rubin;
5. Written description of the Riverside Studios proposed operations submitted by Diana
Rubin;
6. Parking survey data collected for on-street and off-street parking resources within the
local neighborhood;
7. Review memoranda from Planning &amp;. Development Advisors Smith dated Village Planner
dated 3/15/18.
WHEREAS, the proposal was discussed by the Planning Board at public meetings held at Village
Hall on 1/18/18, and 3/22/18; and
WHEREAS, on 5/16/18 the Applicant appeared before the Village of Sleepy Hollow Zoning Board
of Appeals and was granted requested variances including that related to the lack of on-site parking; and

Page 1 of 2

�WHEREAS and 5/17/18 a duly noticed public hearing was held in which all members of the
public were invited to be heard and said hearing was subsequently closed; and
WHEREAS, in the course of its review and acting as Lead Agency pursuant to Part 617 of the
Implementing Regulations pertaining to Article 8 of the Environmental Conservation Law, the Planning
Board has made the following findings and caused, noted or conducted the following activities:
1. Received an application fee;
2. Requested, received and considered comments from the Village Engineer, Village
Planner and Building Inspector about the proposed project;
3. Requested, received and reviewed a Short Environmental Assessment Form (EAF); and
4. Held a duly noticed public hearing.
NOW, THEREFORE, BE IT RESOLVED, that Planning Board, after review of the materials
submitted, public comments and recommendations and the EAF has determined that the proposed
action is a Type II Action and makes a determination of non-significance of environmental impact; and
be it further
RESOLVED, that the said Application for site plan approval relative to the change in use of the
former VFW building to a multi-purpose event space as shown on the site plan as revised 3/1/18 is
hereby granted approval and the Applicant may obtain the endorsed approval of the Planning Board
Chair on a copy of the resolution and upon the site plan drawings, as and when revised as necessary,
which endorsement shall permit filing In the Sleepy Hollow Department of Architecture, Land
Development, Buildings &amp; Building Compliance (the Building Department) for purposes of obtaining a
building permit in accordance with this resolution and all building code requirements, provided
however, that this approval shall expire one (1) year after the date of this resolution if the following
modifications and conditions have not been completed to the satisfaction of the Planning Board and the
Village Building Department, and, the Applicant has not obtained the required building permit or
permits for construction in accordance with the approved plan(s):
1. The Applicant shall pay the Village of Sleepy Hollow all application and review fees as
required by the Village Code prior to a building permit being issued.
2. Prior to the Issuance of a Certificate of Occupancy, an as built survey shall be provided
to the Village Building Department, and any material change to the site plan from that
approved by the Planning Board will require the Applicant to present the revised plan
to the Planning Board for a site plan amendment.
PLANNING BOAR
VILLAGE C/FSL
Date
'the undersigned

romoepifiy derk, do hereby ceiWd6t the f w e ^ ^ Is
S i w copy of an extract duly adopted liy the ^
and I furthet certify that the same was entered Into ^

minutes of the meetmg of saw Board of Trustees held on
S WTNESS WHWEOF. I

//^

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                    <text>RESOLUTION:

SITE PLAN APPROVAL AND WETLAND PERMIT

PROPOSED:

Single Family Residence

LOCATION:

15 Pokahoe Drive

TAX MAP
DESIGNATION:

Section 110.11- Block 1- Lot 30

ZONING:

R-2A Residential

WHEREAS, the Planning Board of the Village of Sleepy Hollow (the Planning Board) has reviewed
an application for site plan approval (the Application) pursuant to the Village Zoning Ordinance, Article
X, Site Plan review, and to applicable laws and regulations considered pertinent to the Application,
which is for the construction of an approximately 5,291 s.f. single family residence with landscaping and
associated storm water management improvements (the Proposed Project); and
WHEREAS, the Application is submitted on behalf of Roy and Joan Behren (the Applicant); and
WHEREAS, the Planning Board has reviewed the following materials:
1.

Planning Board application, dated 1/23/18 signed by Craig Flaherty, PE on behalf of the
Applicant;

2.

Overall site plan, with an original issue date of 1/23/18 signed by Craig Flaherty, P.E.;

3.

Short Environmental Assessment Form, dated 1/30/18 signed by Craig Flaherty, P.E.;

4.

Coastal Assessment Form, dated 1/30/18 prepared by Craig Flaherty, P.E.;

5.

Storm water Pollution Prevention Plan prepared by Redniss &amp; Mead, P.C. dated
1/23/18;

6.

Application for wetland permit received 1/30/18; and

7.

Construction Narrative prepared by Construction Management Group, LLC

8.

Wetland investigation report, prepared by Soil &amp; Wetland Science, LLC, dated 1/16/18

9.

Planting Plan prepared by A2 Land Consulting, LLC, last dated 5/15/18

10.

Property survey last dated 2/12/18 prepared by Ward Carpenter Engineers

11.

Color renderings prepared by Vita Design Group, undated

12.

Exterior Lighting Photometric Calculation Plan 2/20/18 prepared by Apex Lighting
Solutions

�13.

Compiled Lighting Cut Sheets by BK Lighting

14.

Memorandum dated 3/6/18 prepared by Vita Design Group regarding calculation of
floor area ratio (FAR)

15.

Memorandum dated 3/8/18 from Redness &amp; Mead responding to Village Engineer
comments

16.

A 4/4/18 submission from Redniss &amp; Mead which included: a letter dated 4/4/18 from
Feinstein &amp; Naishtut, LLP attorney for the Applicant with nearby property comparison
exhibit, average grade and FAR calculations prepared by Redniss &amp; Mead and updated
planting plan.

17.

Tree removal Exhibit prepared by Redniss &amp; Mead dated 4/17/18

18.

Review memoranda from Dolph Rotfeld Engineering dated 2/15/18 and Planning &amp;
Development Advisors dated 2/14/18 and 4/3/18

19.

Correspondence submitted to the Planning Board from members of the public

20.

Correspondence from the Village of Sleepy Hollow Tree Commission

21.

Submission from Redniss &amp; Mead dated 5/16/18 including letter from Feinstein &amp;
Naishtut, LLP (with additional building volume/height graphic), Planting Plan revised
5/15/18 by A2 Land Consulting and on-site tree assessment prepared by The Care of
Trees.

WHEREAS, the proposal was discussed by the Planning Board at public meetings held at Village
Hall on 2/22/18, 3/22/18,4/5/18; and
WHEREAS, a duly called and advertised a public hearing was held on 4/19/18 and adjourned to
5/17/18 in which all members of the public were invited to be heard, and said public hearing was closed
on 5/17/18; and
WHEREAS, members of the Village of Sleepy Hollow Tree Committee have visited the site, met
with the Applicant, have provided written recommendations and have appeared before the Planning
Board to discuss the proposed planting plan; and
WHEREAS, the revised planting plan dated 5/15/18 prepared by A2 Land Consulting has been
updated to reflect the comments raised by the Tree Commission; and
WHEREAS, in the course of its review and acting as Lead Agency pursuant to Part 617 of the
Implementing Regulations pertaining to Article 8 of the Environmental Conservation Law, the Planning
Board has made the following findings and caused, noted or conducted the following activities:
1. Received an application fee;
2. Requested, received and considered comments from the Village Engineer, Village
Planner and Building Inspector about the proposed project;
3. Requested, received and reviewed a Short Environmental Assessment Form, coastal
assessment form and wetlands permit; and
4. Held a duly noticed public hearing.

�NOW, THEREFORE, BE IT RESOLVED, that Planning Board, after review of the materials
submitted, public comments and recommendations, the EAF and Section 418-9.C of the Sleepy Hollow
Code, has determined that the proposed action is a Type II Action and makes a determination of nonsignificance of environmental impact; and be it further
RESOLVED, that the Planning Board has reviewed the plans and specimen building materials, the
uniformity, dissimilarity, inappropriateness, and quality of design, and approves the architectural design
of the Proposed Project; and be it further
RESOLVED, that the said Application for site plan approval and wetland permit relative to the
construction of a new single family residence, landscaping and storm water management improvements
as shown on the site plan, last dated 3/8/18, including the revised planting plan dated S/15/18 and as
may be subsequently revised to reflect the input from the Tree Committee provided to the Village on
5/17/18, is hereby granted approval and the Applicant may obtain the endorsed approval of the
Planning Board Chairman on a copy of the resolution and upon the site plan drawings, as and when
revised as necessary to show compliance with the following conditions, which endorsement shall permit
filing in the Sleepy Hollow Department of Architecture, Land Development, Buildings &amp; Building
Compliance (the Building Department) for purposes of obtaining a building permit in accordance with
this resolution and all building code requirements, provided however, that this approval shall expire one
(1) year after the date of this resolution if the following modifications and conditions have not been
completed to the satisfaction of the Village Building Department, and, the Applicant has not obtained
the required building permit or permits for construction in accordance with the approved plan(s):
1.
2.

The Applicant shall pay the Village of Sleepy Hollow all application and review fees as
required by the Village Code prior to a building permit being issued.
Prior to the issuance of a Certificate of Occupancy, an as built survey shall be provided
to the Village Building Department, any material change to the site plan from that
approved by the Planning Board will require the Applicant to present the revised plan
to the Planning Board for a site plan amendment.

PLANNING BOARD
VILLAGE OF S t f l K HOLLO&gt;

Date

A. Li^y^U^^

the undefBigned
CteffVMpu^rderk/do
ItfOepuCy aerk/do hereby
hereby certity
oertiN that
M the f o r e g o
8 t i w oopv or an txtract duly adopted by the BcMfd of
TnjsiBB or the Vinage oT S h ^ Hollow, on the l l _ d a y
of
. 2 0 1 8 andofthgwholgthamof.
and I further cbrtlfy that the sanie was entered Into the
minutes oT the meeting or said Board of Trustees hetd on
sakldote.
IH wmieSS WHBtEOF, I havejtereunto set my h«id and
jLjtoyof ^ ^ r x e
»

(sMi^

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                    <text>RESOLUTION:

CHANGE OF USE APPROVAL

PROPOSED:

Establishment of office space and ancillary storage

LOCATION:

188 Cortlandt Street

TAX MAP
DESIGNATION:

Section 115.11 Block 5, Lot 89

ZONING:

C-2 Commercial

WHEREAS, the Planning Board of the Village of Sleepy Hollow has reviewed an application for
change of use approval (the Application) pursuant to the Village Zoning Ordinance, Article X, Site Plan
review, and to applicable laws and regulations considered pertinent to the Application, which is for the
conversion of existing ancillary vehicle storage space to corporate office use and ancillary vehicle
storage. The Application is submitted on behalf of 188 Cortlandt Street Corp. (the Applicant).
WHEREAS, the Planning Board has reviewed the following materials:
1.

Site Plan application, dated 6/8/17 signed by Mark Blanchard;

2.

Site plan, last revised 5/4/18, prepared by Samuel F. Vieira Architects, P.C.;

3.

Short Environmental Assessment Form, dated 6/8/17, signed by Mark Blanchard on
behalf of the Applicant;

4.

Coastal Assessment Form, undated and unsigned;

5.

Review memoranda from Dolph Rotfeld Engineering dated 4/13/18.

WHEREAS, the proposal was discussed by the Planning Board at public meetings held at Village
Hall on 6/22/17, 7/20/18, 9/28/17, 10/19/17, 11/16/17, 1/18/18, 2/22/18, and 3/22/18 and 4/19/18;
and
WHEREAS, a duly called and advertised public hearing was opened on 4/19/18, and adjourned
to 5/17/18, in which all members of the public were invited to be heard and said public hearing carried
closed on 5/17/18; and
WHEREAS, in the course of its review and acting as Lead Agency pursuant to Part 617 of the
Implementing Regulations pertaining to Article 8 of the Environmental Conservation Law, the Planning
Board has made the following findings and caused, noted or conducted the following activities:
1. Received an application fee;
2. Requested, received and considered comments from the Village Engineer, Village
Planner and Building Inspector about the proposed project;

�3. Requested, received and reviewed a Short Environmental Assessment Form and Coastal
Assessment Form;
NOW, THEREFORE, BE IT RESOLVED, that Planning Board, after review of the materials
submitted, public comments and recommendations and the EAF has determined that the proposed
action is a Type II Action as defined by the State Environmental Quality Review Act (SEQRA) and makes a
determination of non-significance of environmental impact; and be It further
RESOLVED, that the said Application for site plan approval relative to the conversion of existing
ancillary vehicle storage space to corporate office use and ancillary vehicle storage as shown on the site
plan as revised 5/4/18 is hereby granted approval and the Applicant may obtain the endorsed approval
of the Planning Board Chairman on a copy of the resolution and upon the site plan drawings, as and
when revised as necessary to show compliance with the conditions below, which endorsement shall
permit filing in the Sleepy Hollow Department of Architecture, Land Development, Buildings &amp; Building
Compliance (the Building Department) for purposes of obtaining a building permit in accordance with
this resolution and all building code requirements, provided however, that this approval shall expire one
(1) year after the date of this resolution if the following modifications and conditions have not been
completed to the satisfaction of the Village Building Department, and, the Applicant has not obtained
the required building permit or permits for construction in accordance with the approved plan(s):
1. The Applicant shall pay the Village of Sleepy Hollow all application and review fees as
required by the Village Code prior to a building permit being issued.
2. All existing building code violations must be corrected prior to the issuance of a building
permit for the Application.
3. The Applicant shall install an oil and water separator in the floor drain and must be
connected to the Village's sanitary sewer system.
4. All renovations must be compliant with applicable Village and State building code
standards subject to approval by the Building Department.
5. Prior to the issuance of a Certificate of Occupancy, corporate office space associated
with the ancillary vehicle storage in the garage must be provided in the garage structure
or in one of the adjacent, existing commercial spaces.
6. Prior to the issuance of a Certificate of Occupancy, an as built survey shall be provided
to the Village Building Department, and any material change to the site plan from that
approved by the Planning Board will require the Applicant to present the revised plan
to the Planning Board for a site plan amendment.
PLANNING BOARD
VILLAGE OF S1£EPY HOUOW

.isa Sarito, Chairwoman
^
J r ^ l i l ' L t h e wdwsigned
.
that the f ^ ^
atrytBpyafne&gt;ti»ctdu&gt;y adopted tiy the B o ^
and of the
2r
wy that the same was entered into the
^ t o r t the tnertno of said Board of Tmstees hew on

Date

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                    <text>Village of Sleepy Hollow
Planning Board Meeting
June 21, 2018
The regular meeting was called to order at 8:00 PM by Chairwoman Lisa Santo
Present:

Lisa Santo, Chairwoman
Gordon Swartz, Deputy Chairman
Tom Andruss
Kersten Harries

Absent:

Mathew Brennan
Edward McCarthy
Sean McCarthy, Village Architect

Also Present:

Joseph Paiva, Village Zoning Inspector
Clinton Smith, Village Attorney
David Smith, Village Planner
James Natarelli, Consulting Engineer
Anthony Catalano, Consulting Engineer

Agenda:
1) Lighthouse Landing Communities LLC, Edge-on-Hudson Riverfront Development,
199 Beekman Avenue, Phase II infrastructure site plan- Public hearing
2) National Trust for Historic Preservation, Bedford Road parcels, Proposed subdivision
- Public hearing
3) Landrock, LLC, 231 Webber Avenue, Amended site plan approval- Public hearing
4) Philipse Manor Beach Club, Western end of Palmer Avenue, Proposed covered deck Public hearing
5) Pocantico Park Condominium, 48 Pocantico Street, Tree removal application appeal Discussion
6) Approval of minutes, May 17, 2018
1. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199
Beekman Avenue, Phase TT infrastrnctnre site plan- Public hearing
Mark Weingarten is a partner at the law firm of DelBelo Donnellan Weingarten Wise &amp;
Wiederkehr, LLP. Mr. Weingarten stated that the site plan has been amended to be consistent
with the Riverfront Development Concept plan and the requests from the Village Board.
Parking has been reverted back to parallel parking along Westward Drive as it was in the original
site plan.
Mike Junghans is the Senior Project Manager from Kimley-Horn of New York, P.C. Mr.
Junghans stated that the Phase II application includes the roadways, infrastructure and utilities
proposed along Horseman Boulevard, Lighthouse Landing and Westward Drive. Current

�standards have been applied to allow for full fire truck access connecting with Phase I and Phase
II roadways. The utilities plan submitted also provides for future utilities for Phase IV and Phase
V. All sanitary water and storm water will run through the site. A new outfall alcove is planned
for all discharge into the Hudson River for Phase II, Phase IV and Phase V. All utilities will tie in
with the existing utilities on Beekman Avenue.
Anthony Catalano stated that his concerns have been addressed as detailed in the June 21, 2018
memo. Mr. Catalano stated that the information for all the utility companies must be compiled
and that a Sequence Plan needs to be submitted for coordination of all utility work.
Chairwoman Santo solicited comments from the Board.
Motion was made to open the public hearing.
Moved: Andruss

Seconded: Swartz

Vote 4-0

Chairwoman Santo solicited comments from the public.
Gordon Swartz stated his appreciation for the communication and documentation between the
engineering firms in regards to the utilities plan and stated his concerns about issues that occurred
with Con Edision during Phase I.
Mike Junghans stated his agreement that a Sequence Plan was required for the coordination of
sanitary sewer, water, telecommunications, and electric work and that although field changes will
happen, communication and correspondence with the Building Department and Engineers will be
on going to prevent any issues.
Chairwoman Santo asked if the Village Board has an evaluation of the application.
Mayor Ken Wray stated the plan presented by the Edge-on-Hudson team is within the spirit of the
Special Permit and that he urges the Board to allow the project to move forward.
Motion was made to close the public hearing.
Moved: Swartz
Seconded: Andruss

Vote 4-0

Clinton Smith read the condition numbers thirteen and fourteen of the resolution.
Motion was made to approve the resolution.
Moved: Swartz
Seconded: Harries
Chairwoman Santo - yes
Gordon Swartz - yes
Kersten Harries - yes
Tom Andruss -yes
Vote 4-0

APPROVED

�2. National Trust for Historic Preservation, Bedford Road Parcels, Proposed subdivisionPublic hearing
Andrew Tung from Divney Tung Schwalbe, LLP summarized the application for a lot line
adjustment and re-subdivision of two existing parcels on Bedford Road. Both parcels are owner by
the National Trust since the death of David Rockefeller. The application proposes to the move the
common lot line in order to reduce the size of the Northern "Playhouse" parcel. The proposed
subdivision of the Northern "Playhouse" parcel will maintain taxable status.
Chairwoman Santo solicited comments from the Board.
Motion was made to open the public hearing.
Moved: Swartz

Seconded: Harries

Vote 4-0

Chairwoman Santo solicited comments from the public.
Mary Smith from Yonkers, New York stated that her meditation place would be taken away by
approving this application and that she opposes it.
Mayor Ken Wray stated that there is no public access being taken away by this application. Mayor
Wray stated that he is in favor of approving the application because the Rockefellers are good
neighbors who are generous to the Village of Sleepy Hollow by allowing the use of their
properties.
Chairwoman Santo stated her agreement with the Mayor.
Mike Levy lives at 77 Sleepy Hollow Road and stated that he is in support of the application due to
the generosity of the Rockefeller family and that no public access will be changed.
Motion was made to close the public hearing.
Moved: Andruss

Seconded: Harries

Vote 4-0

Clinton Smith read the condition of the resolution.
Motion was made to approve the resolution.
Moved: Swartz
Seconded: Andruss
Chairwoman Santo- yes
Gordon Swartz- yes
Kersten Harries - yes
Tom Andruss - yes
Vote 4-0

APPROVED

2. Landrock, LLC, 231 Webber Avenue, Amended site plan approval - Public hearing

�William Null is a partner from Cuddy and Feder, LLP and stated they are seeking an amendment to
the driveway access of the site development plan previously approved by the Planning Board on
October 21, 2010.
Donna Maiello is a Senior Associate and Landscape Architect from Divney Tung Schwalbe, LLP.
Ms. Maiello stated this amendment request includes changes to the wall system and the flanking at
both side of the existing driveway. The East wall will remain as is and the West wall will be
brought down to be flush with grade with a guide rail system allowing the driveway to be opened
up to be 16 feet wide. The amendment also includes grading and shaping of the storm water basin
to allow the basin to be wider and less deep. All the storm water volume will be contained on the
Landrock parcel. An updated grading and drainage plan was submitted on June 14, 2018 to
address the concerns of the Village Engineer for the emergency spillway.
Chairwoman Santo solicited comments from the Board.
Motion was made to open the public hearing.
Moved: Swartz
Seconded: Andruss

Vote 4-0

Donald Stever is the attorney representing John and Carol Lyden. Mr. Stever stated that his clients
do not object to the driveway. Mr. Stever stated that they are opposed to the application due to the
attempt to extend utilities in anticipation for a future subdivision. He submitted access studies to
illustrate that Gorey Brook Road is not a public road and would not provide the road standards
required for access to the residence.
William Null stated that this is not relevant at this time as a subdivision is not a part of this
application. Public road access would be addressed at another time if required.
A discussion ensured on the speculation of a future development, utility work intentions, and the
definition of segmentation.
Gordon Swartz asked Mr. Null if plans for a subdivision were anticipated for the near future.
Mr. Null stated the intention is to submit an application for two additional homes within the next
year and fully understands the risks of having to remodify the driveway access in order to provide
suitable access and that any new application would have to come before the Planning Board for
subdivision approval. Approval of the current application is only for driveway modification
suitable for single home.
Chairwoman Santo solicited comments from the public.
Mary Smith from Yonkers stated that this is the application she objects to because the entrance to
the park on Gorey Brook Road and will be closed.
William Null stated that it is private property and that pedestrian access may be prohibited in the
future which will eliminate access to the trail at Gorey Brook Road and Webber Avenue.

�Motion was made to close the public hearing.
Moved: Swartz
Seconded: Harries

Vote 4-0

David Smith stated that a draft resolution has been written to include a "Whereas" clause to state
that, comments from the public were received in writing and at public meetings. David Smith read
the resolved clauses.
Motion was made to approve the resolution.
Moved: Andruss
Seconded: Harries
Chairwoman Santo- yes
Gordon Swartz- yes
Kersten Harries-yes
Tom Andruss-yes
Vote 4-0

APPROVED

4. Phillipse Manor Beach Club, Western end of Palmer Avenue, Proposed covered deckPublic hearing
Tom Andruss is a Board Member of the Philipse Manor Beach Club. He recused himself from
presenting or voting on this application.
Chairwoman Santo stated that a quorum is not available so a vote may not be taken. She
suggested a discussion be held to address the questions from the Village Engineer.
Motion was made to adjourn the public hearing to the July 19, 2018 meeting.
Moved: Swartz
Seconded: Harries

Vote 4-0

No action was taken.
Frank Tancredi is the Architect for the project. Mr. Tancredi reviewed the topography
information submitted on May 24, 2018 and stated that a gutter and leader system will be
installed around the pavilion roof and that PVC piping will be installed that will daylight over the
boulders. All discharge from the North would dissipate over the boulders into the river without
causing erosion.
James Natarelli asked if there will be any discharge from the South.
Mr. Tancredi stated that there will be three leader pipes that will connect and discharge to the
one location.
Mr. Natarelli asked if DEC coordination was required.
Mr. Tancredi stated that he was told it was not required.
Mr. Natarelli offered to provide a contact that could answer questions.

�Mr. Tancredi presented photos of the existing deck and railing structures from the Beach Club
and provided samples of the decking, railing, and roofing materials that may be used for the new
pavilion.
No action was taken.
5. Pocantico Park Condominium, 48 Pocantico Street, Tree removal application appealDiscussion
John Sampaio from Cutting Edge, Inc. lives in Pleasantville and is the Landscape contractor
representing the Pocantico Park Condominium Association.
Gordon Swartz asked Mr. Sampaio to explain the risks the trees posed to the condominiums.
Mr. Sampaio stated that the trees are too close to the buildings and hang over the roof making
residents feel unsafe. There are complaints about the pods that are dropped by the Honey Locust
Trees causing damage to the property owner's cars. The roots of the trees may cause damage to
the new retaining walls.
Gordon Swartz asked if they are proposing to remove trees that are healthy and if any of the trees
are within the ten feet of the building structure.
Joe Paiva explained the Village Code for tree removal and stated that in order to issue a tree
removal permit, the Building Department likes to confirm the distance requirement as well as
review the type of tree they are proposing to removal in order to provide the Tree Commission
with information required for review.
Mr. Sampaio stated that he believes five out of the seven trees are within the ten foot requirement
from the structure and that the Board is willing to replace the trees with species that do not grow
as tall over the building. He presented pictures to show an example of one tree that is abutting the
building.
Joe Paiva stated that upon the request of the Board, the Building Department could set up a site
meeting to determine how many of the trees are within the ten feet of the building.
Francios Rjeili is a member of the Tree Commission. Mr. Rjeili stated the application was denied
because the trees are healthy, a benefit to the neighborhood, and pose no threat to the buildings.
All trees drop leaves and branches. The Honey Locust trees were planted as part of the original
landscape plan when the site plan was approved. Mr. Rjeili stated that the applicant should
provide a landscape plan to show what size and type tree they proposed for replacement including
time frames for planting. Mr. Rjeili stated that no trees less than five inches should be allowed to
be planted as replacement trees.
Joe Paiva stated that the applicant should call the Building Department to schedule a site visit to
determine the tree locations in relation to the Village Code.
Motion was made to adjourn the discussion to the July 19, 2018 meeting.
Moved: Swartz
Seconded: Andruss
6

Vote 4-0
(6/21/18)

�9. Approval of minutes, May 17, 2018
Motion was made to approve the May 17, 2018 minutes with changes as discussed.
Moved: Andruss
Seconded: Swartz
Chairwoman Santo -yes
Gordon Swartz -yes
Kersten Harries- yes
Tom Andruss- yes
Vote: 4-0

APPROVED

Chairwoman Santo stated that a special work session and meeting should be coordinated and
scheduled for July 12, 2018 to discuss the Edge-on-Hudson project.
Motion was made to adjourn the meeting at 9:30 PM.
Moved: Swartz
Respectfully Submitted,
Pamela Pengelski
Secretary to the Planning Board

Seconded: Andruss

Vote 4-0

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                    <text>RESOLUTION:

PRELIMINARY SUBDIVISION APPROVAL - BEDFORD ROAD

PROPOSED:

Lot line adjustment

LOCATION:

180 Bedford Road

TAX MAP
DESIGNATION:

Section 116.5-1-2 and Section 115.8-2-3.3

ZONING:

R-1 One Family Residence

WHEREAS, the Planning Board of the Village of Sleepy Hollow has reviewed an application for
preliminary subdivision plan approval related to lot line adjustments (the Application) pursuant to the
Chapter 425 of the Village Code and to applicable laws and regulations considered pertinent to the
Application, which is for adjustments of lot lines for two adjacent parcels of land totaling approximately
39.6 acres (the Proposed Action); and
WHEREAS, the Application is submitted on behalf of the National Trust for Historic Preservation
in the United States (the Applicant).
WHEREAS, the Planning Board has reviewed the following materials:
1. Application forms dated 4/25/18, signed by Thompson Mayes on behalf of the
Applicant;
2. Cover letter dated 5/3/18, from Andrew V. Tung on behalf of the Applicant.
3. Preliminary Lot Line Change Plat prepared by H. Stanley Johnson and Company Land
Surveyors, P.C., signed and sealed by Stephan Johnson, dated 3/23/18;
A. Short Environmental Assessment Form, dated 4/30/18 signed by Andrew V. Tung and
Coastal Assessment Form dated 5/3/18 signed by Andrew V. Tung;
5. Copy of ownership information and property description;
WHEREAS, the proposal was discussed by the Planning Board at a public meeting held at Village
Hall on 5/17/18; and
WHEREAS and 6/21/18 a duly noticed public hearing was held in which all members of the
public were invited to be heard and said hearing was subsequently closed; and

�WHEREAS, in the course of its review and acting as Lead Agency pursuant to Part 617 of the
Implementing Regulations pertaining to Article 8 of the Environmental Conservation Law, the Planning
Board has conducted the following activities:
1. Received an application fee;
2. Requested, received and considered comments from the Village Engineer, Village
Planner and Building Inspector about the proposed project;
3. Requested, received and reviewed a Short Environmental Assessment Form (EAF) and
Coastal assessment Form; and
4. Held a duly noticed public hearing.
NOW, THEREFORE, BE IT RESOLVED, that Planning Board, after review of the materials
submitted, public comments and recommendations and the EAF has determined that the proposed
action is an Unlisted Action and makes a determination of non-significance of environmental impact;
and be it further
RESOLVED, that the said Application for Preliminary Lot Line Change Plat approval related to the
lot line adjustment between Parcel known as Section 115.8-2-3.3 and Parcel known as Section 116.5-1-2
is hereby granted approval and the Applicant may obtain the endorsed approval of the Planning Board
Chair on a copy of the resolution and upon the Preliminary Plats, as and when revised as necessary,
which endorsement shall permit filing in the Sleepy Hollow Department of Architecture, Land
Development, Buildings &amp; Building Compliance (the Building Department), and the Westchester County
Department of Health provided however, that this approval shall expire six (6) months after the date of
this resolution if the following modifications and conditions have not been completed to the satisfaction
of the Planning Board and the Village Building Department:
1. The Applicant shall pay the Village of Sleepy Hollow all application and review fees as
required by the Village Code prior to signing the Preliminary Plat.

Date

undersigned
QerH/Deputy Cler&lt;(« do hereby certMV that tttt f ^ ^
a true copy of an e x i M duly adopted by the 8 0 ^ of
T n t t t m of the vmaoe of
Hollow, on the
of
2 0 a n d of the vwhole thereof,
and I further certify that the same was entered mto the
minutes of the iweting of Mid Board of thatees held on
said date.
IN WITNESS W M B ^ , I have h e r e i ^ set my hand ^
official*M»iliL5LJteyrf
.jn I h

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                    <text>RESOLUTION
Adopted at the June 21, 2018 Meeting of the
Village of Sleepy Hollow Planning Board
RESOLUTION:
PROPOSED:
LOCATION:
TAX MAP

SITE PLAN
Edge on Hudson Phase 2 Roads and Infrastructure
199 Beekman Avenue

DESIGNATION:

Section 115.I0-1-I and 115.15-1-1

ZONING:

RF - Riverfront District

WHEREAS, the Planning Board of the Village of Sleepy Hollow (the Planning Board)
has reviewed an application for site plan approval (the "Application") pursuant to the Village
Zoning Ordinance, Article X, Site Plan review, and to applicable laws and regulations considered
pertinent to the Application, for the Phase 2 Roads and Infrastructure (as defined below) of the
redevelopment of the former North Tarrytown General Motors Assembly Plant site located at
199 Beekman Avenue known as Edge on Hudson (the "Project"); and
WHEREAS, the Application is submitted on behalf of Lighthouse Landing Communities
LLC (the "Applicant"); and,
WHEREAS, the Application is for site plan approval of infrastructure for Phase 2 of the
project, including the following: roads, sidewalks, utility infrastructure and other
roadway/streetscape improvements proximate to the right-of-way areas affecting approximately
eight acres of Edge on Hudson site (collectively the "Proposed Action" or "Phase 2 Roads and
Infrastructure"); and,
WHEREAS, the Application is in furtherance of the Lighthouse Landing Special Permit
approval and Riverfront Development Concept Plan approval, which was the subject of a
comprehensive environmental review conducted by the Board of Trustees acting as Lead Agency
under the State Environmental Quality Review Act (SEQRA); the SEQRA proceeding
culminated in Environmental Findings (as hereinafter defined) issued on July 24, 2007, and on
January 25, 2011, in which the Board of Trustees determined after due consideration that the
Riverfront Development Concept Plan (RCDP), with its associated mitigative measures, would

�not have a significant adverse environmental impact and that the project would provide a balance
between the protection of the environment and the need to accommodate social, economic, and
other considerations of sound public policy; and
WHEREAS, as part of the Special Permit, the Board of Trustees completed its own
waterfront consistency review and found the proposed RDCP was consistent with the goals and
policies of the Village's Local Waterfront Revitalization Program (LWRP);
WHEREAS, the Planning Board reviewed and considered the Application at its 2/22/18,
3/8/18 (special meeting), 4/19/18, and 5/17/18 regularly scheduled meetings; and,
WHEREAS, after the 4/19/18 meeting the Planning Board requested input from the
Village Board of Trustees regarding the proposed Phase 2 Road and Infrastructure and its
relationship to the approved RDCP; and
WHEREAS, the Village Board of Trustees has provided input to the Applicant regarding
certain elements of the Phase 2 Road and Infrastructure Plan that have caused certain changes to
the Site Plan (as hereinafter defined); and
WHEREAS, on 6/21/18 the Planning Board opened a public hearing on the Application
in which all members of the public were invited to attend and comment on the Application and
the public hearing was subsequently closed; and
WHEREAS, the Site Plan were reviewed and comments sought from the Village's
Highway Superintendent, Police and Fire Department; and,
WHEREAS, the Planning Board has reviewed the following materials:
•

•
•

Application package received 2/28/18 consisting of:
- Village of Sleepy Hollow Planning Board Application Forms
- Site Plan Drawing Set (see below)
- Storm water Pollution Prevention Plan dated February, 2018;
Review memos dated 3/7/18 and 5/3/18 from Woodard &amp; Curran
Engineering;
Review memos dated 3/7/18 and 4/19/18 from Planning &amp; Development
Advisors;

�Response letters/memos from Kimley Horn of New York, P.C. on behalf of
the Applicant dated 4/26/18 and 5/31/18;
Site plan drawings (collectively, the "Site Plan") submitted by the following
with last revision date:
a.
Cover Sheet, 2/16/18 Kimley Horn of New York (KHNY);
b.
Key Plan and Legend, 5/31/18, KHNY;
c.
General Notes, 5/31/18, KHNY;
d.
Site Layout, Parking and Paving Plan, 6/20/18, KHNY;
e.
Grading and Drainage Plan, 5/31/18, KHNY;
f.
Road Profiles, 5/31/18, KHNY;
g.
Utility Plan, 5/31/18, KHNY;
h.
Sanitary Sewer Profiles, 5/31/18, KHNY;
i.
Water Main Profiles, 5/31/18, KHNY;
j.
Erosion and Sediment Control Plan and Notes, 5/31/18, KHNY;
k.
Erosion and Sediment Control Details, 5/31/18, KHNY;
1.
Streetscape Planting Plan, 5/31/18, KHNY;
m.
Streetscape Planting Notes and Details, 5/31/18, KHNY;
n.
Site Details, 5/31/18, KHNY;
o.
Partial Topographic Survey, 12/1/17, Control Point Associates;
Correspondence from Village of Sleepy Hollow Administrator dated
11/22/16 regarding "Over 5-Acre disturbance Authorization";
Street Tree Diagram prepared by Hart Howerton, undated;
Graphics prepared by Hart Howerton, received by the Village 4/13/18,
including:
a.
Waterfront Destination
b.
Street Sections: Westward Drive
c.
Block H: Retail/Restaurant Plaza
d.
Street Sections: I - Horseman's Boulevard
e.
Street Sections: C-Horseman's Boulevard
f.
Street Sections: B - Lighthouse Landing

�WHEREAS, pursuant to 6 NYCRR Part 617, the SEQRA regulations, the Planning
Board has conducted the following activities:
1. Received a completed application and application fee; and
2. Requested, received and considered comments from the Village Engineer, Village
Attorney, Village Planner and Building Inspector about the proposed Phase 2
Roads and Infrastructure which were provided in written form or discussed with
the Board during the course of the Planning Board meetings.
NOW, THEREFORE, BE IT RESOLVED, that having reviewed the entire record as
noted above, in relation to the previously approved Special Permit and Riverfront Development
Concept Plan, the Planning Board:
1.

Considered Section 450-16.A(2)(a) of the Village Code which covers site plan
review by the Planning Board and after a review of the documentation submitted
by the Applicant, the Planning Board finds that the Application meets the
riverfront development design standards set forth in Section 450-18 of the Village
Code;

2.

Considered Section 450-I6.B (3) of the Village Code which requires a review of a
site plan in comparison to the approved RDCP. During the course of the
presentation and review of Phase 2 Roads and Infrastructure, the Planning Board
noted that they needed input from the Village Board regarding consistency of
certain proposed elements of the Site Plan with the approved RDCP, in particular
the relationship of Block H and Block M parking to the waterfront open space.
The Village Board has provided direction to the Applicant that Block H and
Block M parking configuration along the waterfront should not intrude into the
waterfront open space area and that is reflected on the revised Site Plan set, dated
6/20/18. The Village Board felt that on balance the remainder of the Site Plan
was consistent with the spirit and intent of the approved RDCP;

3.

Finds after review of the Waterfront Consistency determination prepared by the
Board of Trustees for the RDCP, that the Application is consistent with the goals
and policies of the Village of Sleepy Hollow LWRP;

�4.

Considered the Applicant's site phasing plan compared to that discussed in the
July 24, 2007 Findings and notes that the construction phasing has been modified
compared to that presented in the environmental review due to market and other
considerations but notes that Findings Statement allows for flexibility in the
proposed sequence of building construction; and, be it further

RESOLVED, that the Planning Board, after review of the materials submitted, public
comments and recommendations has determined that the Application does not present significant
adverse environmental impacts not addressed or inadequately addressed in the comprehensive
environmental review under SEQR conducted on behalf of the Village as part of the preparation
of the Riverfront Development Concept Plan for the Project, and there are no changes in
circumstances or newly discovered information presenting such potential impacts; and be it
further
RESOLVED, that having fully considered the environmental review record and
supporting documentation, and having considered the preceding written facts and conclusions
relied upon to meet the requirement of 6 NYCRR 617.7 and 617.11, the Planning Board
confirms and restates previous certifications that:
1.

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

2.

Consistent with social, economic and other essential considerations, from among
the reasonable alternatives available, the proposed Site Plan for Phase 2 Roads
and Infrastructure is one which minimizes or avoids adverse environmental
effects to the maximum extent practicable; including effects disclosed in the
environmental impact statements; and

3.

Consistent with social, economic and other essential considerations, the maximum
extent practicable, adverse environmental effects revealed in the environmental
impact statement process will be minimized or avoided by incorporating as
conditions to the decision those mitigative measures that were identified as
practicable.

4.

Received, reviewed, and applied the Environmental Findings Statement and
Amended Environmental Findings Statement adopted by the Board of Trustees, as

�SEQRA lead agency, on July 24, 2007, and January 25, 201 i (collectively, the
"Environmental Findings"); and be it further.
RESOLVED, the Planning Board hereby adopts the Environmental Findings as the
Planning Board's involved agency environmental findings statement pursuant to 6 NYCRR
Section 617.11(c), except that the Planning Board finds that the construction phasing presented
in the Application differs from the construction phasing considered by the Board of Trustees as
Lead Agency. However, the Planning Board notes that the Environmental Findings Statement
dated July 24, 2007, provides at page 117 "that the proposed sequencing of building construction
should be flexible in order to allow for manageable detailed site plan review and provide an
efficient development schedule [and the] proposed schedule of Building Group sequencing
during the construction process shall be submitted to the Planning Board for review and approval
during the site plan review process," and that the currently proposed construction phasing and
sequencing presented in the Application is appropriate and will not have an adverse
environmental impact; and be it further
RESOLVED, that said Application is hereby granted approval and the Applicant may
obtain the endorsed approval of the Planning Board Chair on a copy of this resolution and upon
the site plan drawings, subject to conditions and modifications identified below:
1. This approval shall expire if the following modifications and conditions have not
been completed to the satisfaction of the Planning Board and the Village Building
Department: submission of a satisfactory building permit application for
construction of Phase 2 Roads and Infrastructure within one year of the date of the
adoption of the site plan approval, subsequent construction commencing within
six months of the date of building permit issuance and thereafter diligently
pursued and construction completed within two years of the issuance of the
building permit. Opportunity for extensions of the site plan approval to be granted
for good cause by the Planning Board at the request of the Applicant for periods
of six months each.
2. Documentation, sufficient in form and substance, for the Village's Engineering
Consultant to determine that the list of items outlined in the Village consulting

�Engineer's 6/21/18 correspondence has been incorporated onto the site plan
drawings.
3. Prior to the offer of dedication to the Village of public roads, public sidewalks,
lighting in public rights-of-way and landscaping in public rights of way, public
utility lines for water and sewer service, and any public storm water management
facilities and corresponding easements, the Applicant shall submit an as-built
survey. Any material change to the site plan from that approved by the Planning
Board will require the Applicant to present the revised plan to the Planning Board
for a site plan amendment.
4. Prior to the issuance of any building permits, a 100% performance bond, in a sum
to be determined by the Village's Consulting Engineer and approved as to form
by the Village Attorney, shall be furnished to and accepted by the Village, to
guarantee the satisfactory and complete installation and construction of all water
and sewer utilities to be dedicated to public use, roads to be dedicated to public
use, public sidewalks, lighting in public rights-of-way and in public open space
areas, and storm water management facilities and sediment and erosion control
structures and measures within public rights of way.
5. Provision of landscape maintenance bonds to remain in effect for two years to
ensure landscape plantings are established and maintained in a healthy and
vigorous growing condition. The extent of the bonds to be determined by the
Village Building Inspector and Village Administrator in consultation with the
Applicant and in a form satisfactory to the Village Attorney. Such landscape
maintenance bond(s) shall be posted for each Block upon the issuance of the
Certificate of Occupancy for the last residential unit of that specific development
Block.
6. The Applicant shall submit any geotechnical investigation of the site completed to
date which will include the geotechnical analysis of the site soil conditions as they
relate to the design and construction of any proposed structure. Any
Page 7 of 10

�compaction/pile driving operation required at the site shall be monitored by a
professional engineer licensed in the State of New York. During the process of
compacting/pile driving, the gauges shall be placed in the vicinity of the adjacent
structures and utilities to monitor the soil movement as recommended by a
geotechnical engineer. Any damage to the adjacent structures or utilities shall be
the responsibility of the Applicant.
7. No Temporary or Permanent C of O for a building shall be issued until the
Applicant offers for dedication: public roads, public sidewalks, lighting in public
rights-of-way and in public open space areas, public utility lines for water and
sewer service, and any public storm water management facilities and
corresponding easements associated with that building and or Block. Such offer
for dedication shall be in a suitable form acceptable to the Village.
8. The Applicant's LEED-ND compliance program will take into account and
facilitate the incorporation of bicycling as an alternate means of transportation in
a manner like that described in correspondence of Divney Tung Schwalbe dated
October 22, 2015. The LEED-ND reference guide defines "bicycle network" to
include any combination of bicycle lanes, bicycle paths, and streets designed for a
target speed of 25 miles per hour or slower.
9. In accordance with paragraph 13 of the June 7, 2011 Special Permit, the
preliminary subdivision plan shall include at a minimum separate parcels for the
Waterfront Open Space, the portion of the South Parcel intended to be for public
uses by the Village, and that portion of the West Parcel associated with the first
phase of development. The layout of such parcels shall be consistent with Figure
No. 2 Public Open Space and Public Use Diagram as referenced in paragraph 9 of
the June 7, 2011 Special Permit. The East Parcel was subdivided and conveyed to
the Sleepy Hollow Local Development Corporation, the Village's designee, by
deed dated December 22, 2014 and recorded December 24, 2014 and any further
subdivision of the East Parcel is not within the Applicant's control.

�10. The Applicant shall pay the Village of Sleepy Hollow all application and review
fees as required by the Village Code prior to any building permit being issued.
11. Consistent with the Environmental Findings and the Special Use Permit the
Applicant will observe and fully comply with all of the requirements of the Site
Management Plan (SMP) and the Excavation Work Plan (EWP) (Appendix A of
the SMP on file with the Village) as required by New York State Department of
Environmental Conservation (NYS DEC) under the Brownfield Cleanup Program
(BCP). The Applicant will copy the Village on all submittals to the NYS DEC
that are required as part of the SMP and the EWP.
12. All conditions identified in the Village Board's June 7, 2011 Special Permit shall
remain in full force and effect.
13. Prior to issuance of a Building Permit by the Village, the Applicant is required to
provide to the Village for the Village Building Department's approval and the
Village's Consulting Engineer's approval, a comprehensive Site Utilities Plan
which illustrates in plan and three-dimensional view, the proposed location of all
subsurface and surface utilities including, but not necessary limited to lighting,
gas, electric, telephone, and cable. In addition, the Village will require from the
Applicant for their review and approval prior to issuance of a Building Permit a
Utilities Work Sequence Plan which details the sequence of work to support the
coordination among utilities companies and to avoid conflicts in the field.
14. Prior to the issuance of a building permit the Applicant shall provide to the
Planning Board a final landscape plan which shall address and mitigate any
potential visual impact of utilities, including but not limited to the provision of
gas and electric service.

�PLANNING BOARD
VILLAGE OF

Lisa Santp, Chair

Date

lundersioned

rSrtlTO •"•«!'

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                    <text>RESOLUTION
Adopted at the June 21,2018 Meeting of the
Village of Sleepy Hollow Planning Board
RESOLUTION:

AMENDED SITE PLAN APPROVAL

PROPOSED:

Single-family residence

LOCATION:

231 Webber Avenue

TAX MAP
DESIGNATION:

Section 115.08, Block 1, Lot 2.2

ZONING:

R-1 Residential

WHEREAS, the Planning Board of the Village of Sleepy Hollow (the "Planning Board") has
reviewed an application for site plan approval (the "Application") pursuant to the Village Zoning
Ordinance, Article X, Site Plan review, and to applicable laws and regulations considered pertinent to the
Application, which is for the modifications to the driveway entrance to a single family residence (the
"Proposed Action") located at 231 Webber Avenue (the "Project Site"). The Application is submitted on
behalf of Landrock LLC (the "Applicant"); and
WHEREAS, the Applicant had received an initial site plan approval for the construction of an
existing single family residence, accessory structures, relocation of an existing driveway entrance,
creation of storm water basin, installation of landscaping and stone walls and the installation of utilities
from the Planning Board on 10/21/10; and
WHEREAS, the Applicant has since constructed all of the improvements and subsequently
certain utility installations required the adjustments to the driveway entrance; and
WHEREAS, the Planning Board has reviewed the following materials:
1.

Planning Board application, dated received 4/12/18, signed by Michael Rockefeller on
behalf of Landrock LLC;

2.

Site Plan set, including:
•
•
•
•
•
•
•

Cover Sheet, prepared by Divney Tung Schwalbe (DTS), last revised 4/12/18
Master Site Plan, prepared by DTS, last revised 4/12/18
Driveway Area Grading &amp; Drainage/Erosion &amp; Sediment Control Plan, prepared by DTS,
last revised 6/7/18 •
Driveway Area - Site Details, prepared by DTS, last revised 4/12/18
Driveway Area - Erosion &amp; Sediment Control Details, prepared by DTS, last revised
4/12/18
Survey of Property, prepared by H. Stanley Johnson &amp;. Co. (HSJ) dated 6/25/10
As-Built Topographic Survey (Driveway Area), prepared HSJ dated 7/22/1^

�3.

Short Environmental Assessment Form, dated ^/12/lB signed by Donna Maiello;

4.

Coastal Assessment Form, dated ^/12/lB signed by Donna Maiello;

5.

Summary of Storm water Modifications, prepared by DTS, last revised 5/15/18 with
supporting documentation;

6.

Correspondence dated 3/6/18 from NYS Parks Recreation and Historic Preservation in
support of the Propose Action;

7.

Review memoranda from Dolph Rotfeld Engineering dated 5/11/18.

WHEREAS, the proposal was discussed by the Planning Board at public meetings held at Village
Hall on 1/18/18, and 5/17/18;
WHEREAS, comments from the public were received in writing and at public meetings; and
WHEREAS, a public hearing was held on 6/21/18 in which all members of the public were invited to be
heard and the Planning Board subsequently closed the hearing; and WHEREAS, in the course of its
review and acting as Lead Agency pursuant to Part 617 of the Implementing Regulations pertaining to
Article 8 of the Environmental Conservation Law, the Planning Board has conducted the following
activities:
1. Received an application fee;
2. Requested, received and considered comments from the Village Engineer, Village
Planner and Building Inspector about the proposed project;
3. Requested, received and reviewed a Short Environmental Assessment Form and coastal
assessment form; and
4. Held a duly noticed public hearing.
NOW, THEREFORE, BE IT RESOLVED, that Planning Board, after review of the materials
submitted, public comments, including written correspondence and recommendations and the EAF, has
determined that the proposed action is a Type II Action and makes a determination of non-significance
of environmental impact; and be it further
RESOLVED, that the said Application for amended site plan approval relative to the adjustment
of the existing driveway area as shown on the site plan as dated 6/7/18 and as may be subsequently
revised, is hereby granted approval and the Applicant may obtain the endorsed approval, of the Planning
Board Chairman on a copy of the resolution and upon the site plan drawings, as and when revised as
necessary to show compliance with the following conditions, which endorsement shall permit filing in
the Sleepy Hollow Department of Architecture, Land Development, Buildings 8i Building Compliance (the
Building Department) for purposes of obtaining a building permit in accordance with this resolution and
all building code requirements, provided however, that this approval shall expire one (1) year after the
date of this resolution if the following modifications and conditions have not been completed to the
satisfaction of the Planning Board and the Village Building Department, and, the Applicant has not
obtained the required building permit or permits for construction in accordance with the approved
plan(s):

�2.

3.

The Applicant shall pay the Village of Sleepy Hollow all application and review fees as
required by the Village Code prior to a building permit being issued.
Documentation, sufficient in form and substance for the Village Engineer that the list of
items outlined in the Village Engineers 5/18/18 correspondence have been
incorporated onto the Site Plan drawings.
Prior to the issuance of a Certificate of Occupancy, an as built survey shall be provided
to the Village Building Department, any material change to the site plan from that
approved by the Planning Board will require the Applicant to present the revised plan
to the Planning Board for a site plan amendment, including any extension of utilities
beyond that necessary to serve the existing home.

4. Any proposal for future subdivision of the Project Site will require an application to the
Planning Board for approval and may require modifications to existing improvements
including the driveway entrance and driveway configuration; and
5. The Applicant will be required to appear before this Board for subdivision and site plan
approval if it proceeds with subdivision.

PLANNING BOARD
VILLAGE OF

1 kh^

Date'

:^the undersigned
;d«iL do hefcby c e r t i f y ^

c U^
yCtailt

7

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                    <text>Village of Sleepy Hollow
Planning Board Work Session
July 12, 2018
The work session was called to order at 7:00 PM by Deputy Chairman Gordon Swartz
Present:

Gordon Swartz, Deputy Chairman
Tom Andruss
Kersten Harries
Matthew Brennan

Absent:

Edward McCarthy
Sean McCarthy, Village Architect

Also Present:

Clinton Smith, Village Attorney
David Smith, Village Planner
James Natarelli, Consulting Engineer
Anthony Catalano, Consulting Engineer

Agenda:
1) Lighthouse Landing Communities LLC, Edge-on-Hudson Riverfront Development,
199 Beekman Avenue, Trustee Rosenbloom report
2) Lighthouse Landing Communities LLC, Edge-on-Hudson Riverfront Development,
199 Beekman Avenue, Engineers report
3) Lighthouse Landing Communities LLC, Edge-on-Hudson Riverfront Development,
Special permit process history, Discussion
4) Planning Board submission requirements, Discussion
5) Tree Ordinance, Discussion
6) LL Parcel E, LLC and Lighthouse Landing Communities LLC, 199 Beekman
Avenue, Phase I, Block-J subdivision, Discussion
7) Additional meetings and work sessions, Discussion
Deputy Chairman Swartz stated that as per a discussion with Mayor Wray and Lisa Santo, it was
decided there should be a separate work session in addition to the hour session scheduled before
each regular meeting. Deputy Chairman Swartz stated that he agrees that a separate work
session should be held a week before the regularly scheduled meeting in order to have more time
for discussion in a systematic approach. The work sessions will include review of the
applications for the upcoming meeting and educational information.
1. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199
Beekman Avenue, Trustee Rosenbloom report
Trustee Rosenbloom addressed the importance of the consistency of the communication and
collaboration between the Village of Sleepy Hollow and the Edge-on-Hudson project team as a
partnership with the same goals. In the past, members of the Edge Team had expressed

�frustration dealing with the different Village Departments and Boards. It was decided to have biweekly coordination meetings with members of the Edge Team and the Village to discuss current
and future potential problems and solutions. Trustee Rosenbloom welcomed the idea of attending
the Planning Board work sessions if agenda items require clarification of matters that may have
been discussed in the coordination meetings or actions made by the Board of Trustees for the
Edge-on-Hudson project and or other applications that incorporate Board of Trustees and
Planning Board decisions.
2. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199
Beekman Avenue, Engineers report
Anthony Catalano stated that Woodard &amp; Curran Engineering was hired to support the Village
with the technical reviews of Phase II of the Edge-on-Hudson project and the East Parcel. Mr.
Catalano summarized the submittals to date and stated that the applicant has been very
responsive and focused on issues that need to be resolved in moving forward. He presented an
overview of the services provided by Woodard Curran Engineering and a description of the
procedure methods used in the communications of the technical memo format.
3. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
Special permit process history, Discussion
David Smith summarized the history of the Special Permit Process in relation to the past
Environment Reviews, the approved Riverfront Concept Development Plan, and Design
Guidelines. Discussion ensued on what would be considered a substantial design change that
would require an amendment to the Special Permit and the process in place to handle issues
smoothly.
The Planning Board asked for hard copies of all the approved documents to date.
4. Planning Board submission requirements, Discussion
Discussion was deferred to the next work session due to the absence of Sean McCarthy.
5. Tree Ordinance
A discussion ensued on the permit application process and who should be responsible to resolve
an appeal of the denied application. It was suggested that a review of the Codes Tree Ordinance
be reviewed for possible changes.
6. LL Parcel E, LLC and Lighthouse Landing Communities, LLC, 199 Beekman
Avenue, Phase I, Block-J subdivision
James Natarelli summarized the application and stated that they are no Planning Board issues.
7. Additional work sessions and meetings, Discussion

�A discussion ensued for a possible August meeting and when the Phase II Site plan documents
would need to be submitted in order to be included on the Agenda. A tentative date of August 9 th
was suggested for an August meeting.
Clinton Smith stated that a quorum is necessary to schedule a public hearing.
Deputy Chairman Swartz stated that a separate work session will be held the Thursday before
each regular scheduled meeting and that if needed, additional meetings will be scheduled for the
Edge-on-Hudson Development project.

Respectfully Submitted,

P^zkruu

Pamela PengelsK
Secretary to the Planning Board

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                    <text>Meeting date: 07/17/2018
Resolution#: 07/77-A/2018
RESOLUTION APPROVING SETTLEMENT OF ACTION BY
CORTLAND COURT LLC FOR PROPERTY LOCATED AT
149/151 CORTLANDT STREET, SLEEPY HOLLOW, NY
WHEREAS, proceedings were commenced in New York State Supreme Court,
Westchester County to challenge the tax assessment for property located at
149/151 Cortlandt Street by owner Cortlandt Court LLC; and
WHEREAS, the Village and the property owner have reached a mutually agreeable
resolution for the aforementioned pending proceedings filed under Index Nos. ????/12,
????/13, 65333/14, 55103/15, 55198/16, and 56183/17; and
WHEREAS, it has been recommended to the Board of Trustees by its Assessor and
Attorney to resolve this litigation;
NOW, THEREFORE, BE IT RESOLVED the Board of Trustees authorizes the Village
Attorney to execute a Consent Judgment in substantially the form as attached to these
Resolutions settling the claims in all respects with assessed values for the 2012, 2013,
2014, 2015, 2016, and 2017 tax years as set forth in the "Assessed Value Reduced To"
column on the schedule at the end of these Resolutions; and be it further
RESOLVED, that refunds for the 2012, 2013, 2014, 2015, 2016, and 2017 tax years
are authorized in the amounts set forth in the "Anticipated Refund" column on the
schedule at the end of these Resolutions, subject to adjustment by an increase of not
more than 5% or a reduction in any amount upon final calculation after entry of a
Consent Judgment implementing the settlement.

�Tax Year

Assessed Value
Reduced From

Assessed Value
Reduced To

Assessed Value
Reduction

Anticipated
Refund

2012

$260,000.00

$202,530.00

$57,470.00

$3,684.49

2013

$260,000.00

$212,510.00

$47,490.00

$3,177.97

2014

$260,000.00

$208,290.00

$51,710.00

$3,865.13

2015

$260,000.00

$169,553.00

$90,447.00

$6,964.57

2016

$260,000.00

$170,885.00

$89,115.00

$7,769.68

2017

$260,000.00

$157,760.00

$102,240.00

$8,882.91

Moved: Trustee Gonzalez
Absent: Trustee Leavy

Seconded: Trustee Scaglione

Vote:

Unanimous

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                    <text>Village of Sleepy Hollow
Planning Board Meeting
July 19, 2018
The regular meeting was called to order at 8:05 PM by Deputy Chairman Gordon Swartz
Present:

Gordon Swartz, Deputy Chairman
Tom Andruss
Kersten Harries
Ed McCarthy

Absent:

Mathew Brennan

Also Present:

Sean McCarthy, Village Architect
Clinton Smith, Village Attorney
David Smith, Village Planner
James Natarelli, Consulting Engineer
Anthony Catalano, Consulting Engineer

Agenda:
1) Phillipse Manor Beach Club, Western end of Palmer Avenue, Proposed covered deck,
new public hearing
2) LL Parcel E, LLC and Lighthouse Landing Communities LLC, Edge-on-Hudson
Riverfront Development, 199 Beekman Avenue, Phase I, Block-J subdivisionPreliminary presentation
3) Pocantico Park Condominium, 48 Pocantico Street, Tree removal application appeal Discussion
4) Approval of minutes, June 21, 2018
1. Phillipse Manor Beach Club, Western end of Palmer Avenue, Proposed covered deckNew public hearing
Deputy Chairman Swartz asked Clinton Smith if a motion was needed to adjourn the public
hearing.
Clinton Smith stated that if Tom Andruss recuses himself from the beach club motion, it will
leave three members which is not a quorum for a transaction of business but it is a sufficient
number, as one would be sufficient, to adjourn the meeting.
Tom Andruss recused himself from a motion on the application.
Motion was made to adjourn the application to the September 20, 2018 meeting
Moved: McCarthy
No action was taken.

Seconded: Harries

Vote 3-0

�2. LL Parcel E, LLC &amp; Lighthouse Landing Communities, LLC 199 Beekman Avenue,
Phase I, Block-J - Preliminary presentation
Andrew Tung from Divney Tung Schwalbe, LLP summarized the application to propose an
amended subdivision of Block-J to adjust the lot lines of the townhome block from eleven
townhome blocks and one open space to twelve townhome blocks and one open space. There
will be no changes to the perimeter, infrastructure or utilities of Block-J.
Deputy Chairman Swartz solicited questions from the Board.
There were no questions from the Board.
Deputy Chairman Swartz solicited questions from the Advisors.
David Smith requested clarification on the plans submitted in relation to the dates of what has
been previously approved.
Andy Tung stated the dates referenced in the application letter are the final activity dates of the
stepped process of the Board which includes the application approval at the meeting, the signing
of the Resolution by the Chairman, and the signing of the approved Site Plan and Subdivision
Plan, and the Final Subdivision Plat.
Deputy Gordon Swartz asked if there will be a change in the number of the townhome units.
Andy Tung confirmed there will be no change in the number of townhome units.
James Natarelli asked if the plan submitted reflects the latest site plan-subdivision approved for
Block-J.
Andy Tung stated that the plan does not since it has not been signed yet.
James Natarelli stated that although it is not feasible to include all changes on the plan, a note
that references the approved site plan that shows all the improvements to date should be included
on the new subdivision plan.
Motion was made to schedule a public hearing for August 16, 2018
Moved: McCarthy
Seconded: Andruss

Vote 4-0

3. Pocantico Park Condominium, 48 Pocantico Street, Tree removal application appeal Discussion
Deputy Chairman Swartz asked if there was anyone present to represent the Pocantico Park
Condominium Association.
There was no response.

�Deputy Chairman Swartz asked Sean McCarthy to provide an update of the status of the appeal.
Sean McCarthy stated he did not expect the applicant to be present. Mr. McCarthy stated that a
site visit was conducted with the applicant's representative and their landscaper to discuss a draft
solution for the removal of the trees. It was determined that three of the seven trees are as of
right to remove because they are located within ten feet of the structure. The balance of the trees
would be replanted with additional trees along with some improvements to the existing
landscape buffer. The information discussed at the site visit was to be presented to the Home
Owner Association to approve. A landscape plan will be submitted to represent the draft
solution. Mr. McCarthy requested that the Board adjourn the discussion to the September
meeting in hopes to that a landscape plan will be provided for the Board to review.
Deputy Gordon Swartz solicited comments from the Board.
Tom Andruss asked Sean McCarthy if the landscape plan was required to be shared with the
Planning Board.
Sean McCarthy stated that the applicant is appealing the denial decision so it is required to come
before the Board.
Tom Andruss asked if the appeal decision process can be handled by the Building Department
instead of coming before the Planning Board.
Discussion ensued as to whether or not decisions made by the Tree Commission can be
overturned and the jurisdiction of the Building Department to avoid appeals going through the
Planning Board process.
Ed McCarthy asked if the trees are dead.
Sean McCarthy stated that there is one tree that should be taken down due to its condition. Three
of the trees are too close to the structure and are as-of-right for permitted removal. The other
trees are proposed to be removed because of issues due to size, location, and species.
Kersten Harries asked if someone from the Tree Commission was present at the site meeting.
Sean McCarthy stated there was not a member of the Tree Commission present at the site
meeting.
Ed McCarthy asked if there was an arborist present in the group at the site meeting.
Sean McCarthy stated that there was not an arborist present in the group.
Ed McCarthy asked if the root base is damaged.
Sean McCarthy stated that the root system of some of the trees may be compromised from the
reconstruction of the retaining wall and may jeopardize the conditions of the trees. Mr. McCarthy

�stated that there are neighbors who are in favor of the tree removals that border their property
lines.
Deputy Chairman Swartz stated that if in the interim a resolution can be brokered by the
Building Department, the Tree Commission, and the applicant perhaps it may not have to come
before the Planning Board. If there is no resolution then the application will have to be
addressed at the September 20, 2018 meeting.
Sean McCarthy stated that upon receipt of the site plan from the applicant, the Building
Department will share it with the Tree Commission. If a resolution can be reached, the Building
Department will move forward with the decision and notify the Board.
Motion was made to adjourn the application to the September 20, 2018 meeting.
Moved: Andruss
Seconded: Harries

Vote 4-0

Deputy Gordon Swartz stated a public thank you to the former Chairwoman Lisa Santo, former
members Anthony Delvecchio and Carl Aridas for the service they have performed on a
volunteer basis to the Planning Board.
9. Approval of minutes, June 21, 2018
Gordon Swartz solicited comments from the Board on the June 21, 2018 minutes.
A discussion ensued on the proposed changes requested from the Board and Clinton Smith.
Motion was made to defer the approval of the June 21, 2018 minutes to the August 16, 2018
meeting.
Moved:

Seconded:

Motion was made to adjourn the meeting at 9:30 PM.
Moved: Harries
Seconded: McCarthy
Respectfully Submitted,

Pamela Pengelski
Secretary to the Planning Board

Vote 4-0

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                    <text>Village of Sleepy Hollow
Planning Board Meeting
August 16, 2018
The regular meeting was called to order at 8:05 PM by Deputy Chairman Gordon Swartz
Present:

Gordon Swartz, Deputy Chairman
Tom Andruss
Matthew Brennan
Ed McCarthy
Erin Carney
Marjorie Hsu

Absent:

Kersten Harries

Also Present:

Sean McCarthy, Village Architect
Clinton Smith, Village Attorney
David Smith, Village Planner
James Natarelli, Consulting Engineer
Anthony Catalano, Consulting Engineer
Pamela Pengelski, Secretary to the Planning Board

Agenda:
1) LL Parcel E, LLC and Lighthouse Landing Communities LLC, Edge-on-Hudson
Riverfront Development, 199 Beekman Avenue, Phase I, Block-J amended subdivisionPublic hearing
2) Lighthouse Landing Communities, LLC, 199 Beekman Avenue, Phase II buildings site
plan - Presentation
3) Pocantico Park Condominium, 48 Pocantico Street, Tree removal application appeal Discussion
4) Approval of minutes, June 21, 2018, July 12, 2018, July 19, 2018
Deputy Chairman Swartz introduced and welcomed Marjorie Hsu and Erin Carney as the new
members of the Planning Board.
1. LL Parcel E, LLC &amp; Lighthouse Landing Communities, LLC 199 Beekman Avenue,
Phase I, Block-J amended subdivision- Public hearing
Motion was made to open the public hearing.
Moved: Andruss
Seconded: McCarthy

Vote 6-0

Andrew Tung from Divney Tung Schwalbe, LLP stated the application proposes an amended
subdivision of Block-J. Mr. Tung stated that Block-J is one of the three blocks in Phase I of the
Edge-on-Hudson project and consists of townhomes in the center of the site. The application
proposes a subdivision to the amended site plan, approved by the Board in April, 2018, to adjust
the lot lines of the townhome blocks from eleven townhome blocks and one open space to

�thirteen townhome blocks and one open space. There will be no changes to the perimeter,
infrastructure, or the utilities of Block-J. Mr. Tung stated that they agree to comply with the
request for additional notes and adjustments to the easement descriptions in the memo from
James Natarelli dated July 20, 2018.
Deputy Chairman Swartz solicited questions from the Board.
There were no questions from the Board.
Deputy Chairman Swartz solicited questions from the Consultants.
There were no questions from the Consultants.
Deputy Chairman Swartz solicited questions from the public.
There were no questions from the public.
Motion was made to close the public hearing.
Moved: Andruss
Seconded: Hsu

Vote 6-0

Motion was made to approve the resolution.
Moved: Hsu
Seconded: Andruss
Deputy Chairman Gordon Swartz - yes
Tom Andruss - yes
Ed McCarthy - yes
Majorie Hsu - yes
Erin Carney - yes
Matthew Brennan -yes
Vote 6-0

APPROVED

2. Lighthouse Landing Communities, LLC, 199 Beekman Avenue, Phase II building site
Plan - Presentation
Mark Weingarten is a partner at DelBelo Donnellan Weingarten Wise &amp; Wiederkehr, LLP. Mr.
Weingarten stated he is the representative for Lighthouse Landing Communities, LLC for the
Phase II site plan and subdivision application. Mr. Weingarten stated that Phase II is
approximately eight acres of the West Parcel. Block-F and Block-H propose to include two
buildings with a total of 343 residential units and roughly 7,160 square feet of restaurant and
retail space.
Nicole Emmons is an Architect from Hart Howerton. Ms. Emmons presented an overview of the
Phase II site plan for Block-F and Block-H using the Power Point slides submitted with the
application. Ms. Emmons stated that the approved Design Guidelines and Riverfront Concept
Development Plan were used as guidance and direction for the frame work and preparation of the
new design documents.

�Mark Weingarten acknowledged receipt of the review memos from the Village's professionals.
Mr. Weingarten stated that their job was to convey the plans consistency with the approved
Special Permit and the Riverfront Development Concept Plan.
Deputy Chairman Swartz stated that there has not been time for discussion with the Village
Consultants and the applicant. The opportunity for dialogue will be scheduled within the next
week or two. He asked David Smith to give an overview of the areas in which the Planning
Board and the Village Consultants need additional information and discussion.
David Smith suggested that the Planning Board schedule a site visit with the applicant in which
the building locations will be marked out to show where Phase II is in relation to Phase I. David
Smith stated that the plan submitted follows the Riverfront Development Concept Plan. One of
the concerns from the Consultants, Planning Board members and the Building Department was
the need for creating a sense of place when viewed coming down from Beekman Avenue into
Block-H. The Planning Board would like to see 3D models of the development using the
proposed architectural treatments and a walkthrough coming into the site using a computer
generated modeling to show scale, change in the massing, and design of the fa9ade and roof
lines.
Deputy Chairman Swartz stated that the intention is to have the applicant coordinate with the
Village consultants in preparation for subsequent meetings.
David Smith stated it is important to focus on how the applicant will respond to the comments
submitted.
Deputy Chairman Swartz stated that the goal, before a public hearing is scheduled, is to have a
unity of approach and agreement between the Planning Board, the consultants and the Edge-onHudson team.
Discussion ensued on the communication process between the Planning Board, the Village
consultants and engineers and the Edge-on-Hudson team.
Deputy Chairman Swartz solicited comments from the Board.
Matthew Brennan asked what composition of owner occupied units verses rental units is required
for the development in the original plans.
Mark Weingarten stated that approved plans require 60% owner occupied and up to 40% rentals
and that they are already up against their limits on rental units.
Matthew Brennan asked if that means that Phases III, IV and V will be all owner occupied.
Mark Weingarten stated that Phase III through Phase V will have to be owner occupied units. If
they want to deviate from the plan, they would be required to go back to the Village Board to
amend the special permit.

�Matthew Brennan asked for the reasoning or explanation of where rentals were planned verses
owner occupied buildings.
Mark Weingarten stated that the more expensive units will be located near the water where
ownership is more likely.
Matthew Brennan asked who will own the incorporated parks.
Mark Weingarten stated that the Village will own the parks and open spaces with discussions on
who will be responsible for the maintenance.
Matthew Brennan asked if the Village will own and be responsible for the roads.
Mark Weingarten stated that the Village will own the roads and receive the revenue from the
parking meters.
Tom Andruss asked if LEEDS certification was granted.
Mark Weingarten stated that LEEDS certification is not a code required item, it can be sought
out to receive certification. The Village consultants would have to review the checklists in order
to verify if the buildings meet the LEEDS standards.
Tom Andruss asked if the grade of the parking lot in Block-H poses a concern for flooding.
Peter Chavkin stated that the entrance to the garage is above the 100 year flood plane
The lower floor level is potentially at or below grade but the entrances are above.
Tom Andruss stated he would like to see detailed plans for the parking proposed for residential
and commercial spaces.
Mark Weingarten stated that transit oriented development parking ratios are dropping in the
neighboring communities. They will comply with the required parking approved in the special
permit but believes that the development is "well over parked" and they may come back to
amend the required spaces in order to avoid empty parking fields.
Matthew Brennan asked if a study was done to determine how the 440 rental units would impact
the school system.
Jon Stein stated that the demographic studies completed in the Village are a decade old or older
for this development. Mr. Stein stated that from what they have seen in the industry there are
very few school age children in the rentals of the one and two bedroom apartments. Young
people moving in, who have children in the future, typically will move out and purchase a home
in community.
Ed McCarthy asked who will be responsible for garbage. Discussion ensued.

�Marjorie Hsu stated she hopes that sustainable energy efficient methods of construction have
been incorporated into the early planning of the developments. Ms. Hsu suggested the applicant
further investigate the homeownership models based on the current county tax rates.
Mark Weingarten stated that any changes in rental verses ownership would have to be addressed
in the special permit with new studies conducted by the Village.
Deputy Chairman Swartz asked if a proposed landscape plan will be submitted.
Nicole Emmons stated that there is a landscape section in the materials submitted as part of the
11 x 17 presentation. The street trees are a continuation of the design approved in Phase I.
Information was also provided for concepts in the setback areas of the private parcels and what
might occur in private court yards.
Peter Chavkin stated that their submission does not include the waterfront open space for BlockH. A design process has begun with a Board of Trustees appointed landscape design committee
working as a representative for the Village's interest in the design of the waterfront open space.
Erin Carney asked if the landscape design included the consideration of planting native species
of trees and shrubbery to support pollinators and birds.
Nicole Emmons stated that it will be part of the considerations and more details can be provided.
Ms. Emmons provided some examples.
3. Approval of minutes, June 21, 2018, July 12, 2018, July 19, 2018
Motion was made to defer the consideration of the July 12, 2018 and the July 19, 2018 minutes
to the September 20, 2018 meeting.
Motion was made to approve the June 21, 2018 minutes.
Moved: Andruss
Seconded: McCarthy
Deputy Chairman Gordon Swartz - yes
Tom Andruss - yes
Ed McCarthy - yes
Majorie Hsu - yes
Erin Carney -yes
Matthew Brennan -yes
Vote 6-0
Motion was made to adjourn the meeting at 9:20 pm.
Moved: McCarthy
Seconded: Andruss
Respectfully Submitted,

APPROVED
Vote 6-0

�PaAm-a^O'

Pdyt^-iiAi^

Pamela Pengelski
Secretary to the Planning Board

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                    <text>RESOLUTION
Adopted at the August 16,2018 Meeting of the
Village of Sleepy Hollow Planning Board
RESOLUTION:

SECOND AMENDED FINAL SUBDIVISION PLAT APPROVAL

PROPOSED:

Edge on Hudson Phase 1, Block J

LOCATION:

199 Beekman Avenue

TAX MAP
DESIGNATION

Section 115.10-1-1 (West Parcel) and 115.15-1-1 (South Parcel)

ZONING:

RF - Riverfront District

WHEREAS, by resolution dated June 1, 2011, the Board of Trustees of the Village Sleepy Hollow
granted to General Motors LLC Special Permit approval and Riverfront Development Concept Plan
approval, for the redevelopment of the former North Tarrytown General Motors Assembly Plant site
located at 199 Beekman Avenue to be known as Edge on Hudson (also known as the West Parcel and
the South Parcel, collectively the "Site") (the "Project"); and
WHEREAS, subsequently, title of the Site was transferred to Lighthouse Landing Communities
LLC; and
WHEREAS, in connection with such approvals, the Project was the subject of a comprehensive
environmental review conducted by the Board of Trustees acting as Lead Agency under the State
Environmental Quality Review Act (SEQRA); the SEQRA proceeding culminated in Findings Statements
issued on July 24,2007, and on January 25,2011, in which the Board of Trustees determined after due
consideration that the Riverfront Development Concept Plan (RCDP), with its associated mitigative
measures, would not have a significant adverse environmental impact and that the project would
provide a balance between the protection of the environment and the need to accommodate social,
economic, and other considerations of sound public policy; and
WHEREAS, as part of the Special Permit, the Board of Trustees completed its own waterfront
consistency review and found the proposed RDCP was consistent with the goals and policies of the
Village's Local Waterfront Revitalization Program (LWRP); and
WHEREAS, Lighthouse Landing Communities LLC then applied to the Village of Sleepy Hollow
Planning Board (the "Planning Board") for site plan and preliminary subdivision approval for Phase I of
the Project pursuant to the Village Zoning Ordinance, Article X, Site Plan review, and Chapter 425 of the
Village Code, Subdivision of Land, and to applicable laws and regulations considered pertinent to the
Application; and
WHEREAS, the initial application to the Planning Board proposed the following: subdivision of an
approximately 24 acre portion of the 64.5± acre West Parcel into ten lots and sections of roadway
rights-of-way to be dedicated to the Village; 306 residential units (Block 1:40 affordable senior housing
units, and 148 rental units of which 21 are workforce housing; Block E: 46 condominium units; Block J:

�72 townhouse units); and approximately 2.17 acres of open space consisting of the Village Green (±
0.782 acres), and portions of the Central Park (Lot 2:±0.543 acres; and Lot 3: ± 0.845 acres) {collectively
"Phase 1"); and,
WHEREAS, by Resolution adopted October 22,2015, the Planning Board granted site plan and
preliminary subdivision plat approval to Lighthouse Landing Communities LLC for Phase 1; and,
WHEREAS, on or about August 18,2017, Lighthouse Landing Communities LLC submitted an
application for Amended Preliminary Subdivision Plat Approval so that existing Section 115.10, Block 1
Lot 5 (also known as Block J) could be subdivided into twelve separate lots and approval was
subsequently granted by the Planning Board on October 19,2017; and,
WHEREAS, Lighthouse Landing Communities LLC submitted an application for Final Subdivision
Plat approval and the Planning Board subsequently granted approval on January 18,2018; and
WHEREAS, Lighthouse Landing Communities LLC wishes to sell off certain portions of the Phase
1 development to selected developers for construction of the buildings and associated amenities
including parking and landscaping; and
WHEREAS, pursuant to Chapter 450-17 of the Village of Sleepy Hollow Zoning Code, conveyance
of property ownership requires subdivision approval under the procedures set forth in Chapter 425,
Subdivision of Land in the Village Code; and
WHEREAS, the Lighthouse Landing Communities LLC has sought out a development partner to
implement portions of the approved Phase 1 Site Plan and has entered into contract vendee status with
Toll Brothers, Inc. (now collectively the "Phase 1 Block J Applicant") to sell off certain portions of Phase
1; and
WHEREAS, on or about February 9,2018, the Phase 1 Block J Applicant submitted a petition for
site plan amendment for a reconfigured Block J layout which was subsequently approved by the
Planning Board on April 5, 2018; and,
WHEREAS, the reconfigured Block J layout approved by the Planning Board on April 5,2018 did
not specifically coincide with the approved Amended Final Subdivision Plat approved by the Planning
Board on January 18,2018, which led the Phase 1 Block J Applicant to file the subject Block J Second
Amended Final Plat for the Planning Board review and approval; and,
WHEREAS, in connection with Second Amended Block J Final Plat Approval, the Phase 1 Block J
Applicant submitted (on or about July 5, 2018) and the Planning Board has reviewed the following
materials as part of the Revised Block J Preliminary Plat Approval process:
1.

Executed Application Form

2.

EAF short form

3.

Coastal Assessment Form

4.

Preliminary Subdivision Plan, prepared by. Control Point Associates, Inc. last
revised June 24,2018; and.

�WHEREAS, the Planning Board, found after review of the subject Block J Second Amended Final
Subdivision Plat materials submitted, public comments and recommendations and the EAF that the
Project did not present significant adverse environmental impacts not addressed or inadequately
addressed In the comprehensive environmental review under SEQRA conducted on behalf of the Village
as part of the preparation of the Riverfront Development Concept Plan for the Project, and there were
no changes in circumstances or newly discovered information presenting such potential impacts; and
WHEREAS, by submission of same, the Phase 1 Block J Applicant seeks to subdivide existing
Section 115.10, Block 1 Lot 5 into 14 separate lots (Lots 5A, 5B, 5C, 5D, 5E, 5F, 5G, SH, 51, 5J, 5K, 5L, 5M
and 5N) (hereinafter the "2018 Application"); and
WHEREAS, the 2018 Application was reviewed and discussed by the Planning Board at their July
19,2018 regularly scheduled meeting and a public hearing was scheduled as a special meeting of the
Planning Board for August 16,2018; and
WHEREAS, on August 16,2018, the Planning Board opened a public hearing on the 2018
Application at which all members of the public were invited to attend and comment on the 2018
Application and said public hearing was subsequently closed; and
WHEREAS, having fully considered the environmental review record and supporting
documentation, and having considered the preceding written facts and conclusions relied upon to meet
the requirement of 6 NYCRR 617.7 and 617.11, the Planning Board confirms and restates previous
certifications that:
1.

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

2.

Consistent with social, economic and other essential considerations, from among the
reasonable alternatives available, the proposed Project is one which minimizes or avoids
adverse environmental effects to the maximum extent practicable; including effects
disclosed in the environmental impact statements; and

3.

Consistent with social, economic and other essential considerations, the maximum
extent practicable, adverse environmental effects revealed in the environmental impact
statement process will be minimized or avoided by incorporating as conditions to the
decision those mitigative measures that were identified as practicable.

4.

The Environmental Findings Statement and Amended Environmental Findings Statement
adopted by the Board of Trustees, as SEQRA lead agency, on July 24, 2007, and January
25,2011, (collectively, the "Environmental Findings") have been received and reviewed;
and

WHEREAS, the Planning Board adopted the Environmental Findings as the Planning Board's
involved agency environmental findings statement pursuant to 6 NYCRR Section 617.11(c), except that
the Planning Board found that the construction phasing presented by the Applicant on the Application
differs from the construction phasing considered by the Board of Trustees as Lead Agency on the
environmental review, that the Lead Agency found at Page 117 of the Findings Statement dated July 24,
2007, "that the proposed sequencing of building construction should be flexible in order to allow for
manageable detailed site plan review and provide an efficient development schedule [and the]

�proposed schedule of Building Group sequencing during the construction process shall be submitted to
the Planning Board for review and approval during the site plan review process/' and that the currently
proposed construction phasing and sequencing presented by the Applicant to the Planning Board on the
Application is appropriate and will not have an adverse environmental impact; and
WHEREAS, the initial approval of the site plan drawings and preliminary subdivision plat for lots
4,5; 6, 7,8 and 9 as shown on the Preliminary Subdivision Plan, dated November 18,2015, was subject
to the following conditions and modifications identified below which remain in full force and effect
(collectively, the "Subdivision Conditions"):
1.

This approval shall expire if the following modifications and conditions have not been
completed to the satisfaction of the Planning Board and the Village Building
Department: submission of a satisfactory building permit application for building
construction within one year of the date of the adoption of the site plan approval,
subsequent construction commencing within six months of the date of building permit
issuance and thereafter diligently pursued and construction completed within two years
of the issuance of the building permit. Opportunity for extensions of the site plan
approval to be granted for good cause by the Planning Board at the request of the
Applicant for periods of six months each.

2.

Obtaining final approval of the building exterior design and appearance from all
applicable Village Boards to the extent that they may be required. Any material change
to the site plan will require the Applicant to come back before the Planning Board for a
site plan amendment. The Planning Board acknowledges that the Board of Trustees is
considering adopting a local law that would transfer jurisdiction to the Planning Board
to perform required architectural review of all applications for which site plan approval
is required, and, as set forth above, confirms that such review has been performed by
the Planning Board for the Phase 1 site plan.

3.

Documentation, sufficient in form and substance, for the Village Engineer to determine
that the list of items outlined in the Village Engineer's October 5,2015 and October 20,
2015 correspondence have been incorporated onto the site plan drawings. It is noted
that while most of the comments in the October 5,2015 report are requests for
additional information or clarification of information on the site plan drawings.
Comment U.15 is a request for implementation of sewer inflow and infiltration
measures for which the Village does not have an adopted policy and as such the
Planning Board is not making implementation of any measures or payment of any such
funds a requirement of approval for the Application, but the Applicant has nevertheless
agreed to consult with the Village Architect on possible Inflow and infiltration
remediation projects.

4.

Submission of as-built building plans and an as-built survey prior to the issuance of any
Temporary or Permanent Certificate of Occupancy (C of O).

5.

Prior to the Issuance of any building permits, a 100% performance bond, in a sum to be
determined by the Village Engineer and approved as to form by the Village Attorney,
shall be furnished to and accepted by the Village, to guarantee the satisfactory and

�complete installation and construction of all water and sewer utilities to be dedicated to
public use, roads to be dedicated to public use, public sidewalks, lighting in public rightsof-way and in public open space areas, and stormwater management facilities and
sediment and erosion control structures and measures within public rights of way.
6.

Provision of landscape maintenance bonds to remain in effect for two years to ensure
landscape plantings are established and maintained in a healthy and vigorous growing
condition. The extent of the bonds to be determined by the Village Building Inspector
and Village Administrator in consultation with the Applicant and in a form satisfactory to
the Village Attorney. Such landscape maintenance bond(s) shall be posted for each
Block upon the issuance of the Certificate of Occupancy for the last residential unit of
that specific development Block.

7.

The Applicant shall submit any geotechnical investigation of the site completed to date
which will include the geotechnical analysis of the site soil conditions as they relate to
the design and construction of any proposed structure. Any compaction/pile driving
operation required at the site shall be monitored by a professional engineer licensed in
the State of New York. During the process of compacting/pile driving, the gauges shall
be placed in the vicinity of the adjacent structures and utilities to monitor the soil
movement as recommended by a geotechnical engineer. Any damage to the adjacent
structures or utilities shall be the responsibility of the Applicant.

8.

No Temporary or Permanent C of O for a building shall be issued until the Applicant
offers for dedication: public roads, public sidewalks, lighting in public rights-of-way and
in public open space areas, public utility lines for water and sewer service, and any
public stormwater management facilities and corresponding easements associated with
that building and/or Block. Such offer for dedication shall be in a suitable form
acceptable to the Village.

9.

Completion of the Lot 2 portion of the Central Park open space shall be required prior to
the issuance of any Temporary or Permanent C of O for any units in Buildings E-2 and E3. Completion of the Lot 3 portion of the Central Park open space shall be required
prior to the issuance of any Temporary or Permanent C of O for any buildings in the J
Block fronting on the Central Park open space. The Village Green (Lot 10) shall be
completed prior to the Village's acceptance of the roundabout.

10.

Construction and installation of the rain gardens, landscaping and privacy wall located
along the Metro-North right-of-way shall be completed prior to the issuance of any
Temporary or Permanent C of O for the Block I buildings. Completion of the amenity
space associated with the 1-1 Building shall be completed prior to the issuance of any
Temporary or Permanent C of 0 for the 1-1 Building.

11.

Prior to the issuance of the Temporary or Permanent C of O covering the 300,000th
square foot of new development, the Applicant shall be required to complete the
following traffic improvement mitigation measures within the Village of Sleepy Hollow
as referenced in the June 7, 2011 Special Permit.

�a.

Improvements to US Route 9 at New Broadway/Bedford Road, Beekman
Avenue/Hudson Terrace

b.

Improvements to Beekman Avenue at Pocantico Street

12.

Prior to the completion of Phase 1, the Applicant shall submit a report to the Village
Architect to demonstrate Project's anticipated compliance track under the LEED-ND
program.

13.

The Applicant's LEED-ND compliance program will take into account and facilitate the
incorporation of bicycling as an alternate means of transportation in a manner like that
described in correspondence of Divney Tung Schwalbe dated October 22,2015. The
LEED-ND reference guide defines "bicycle network" to include any combination of
bicycle lanes, bicycle paths, and streets designed for a target speed of 25 miles per hour
or slower.

14.

The Applicant has agreed that prior to the issuance of a building permit, documentation
sufficient to show that the 1-2 and 1-3 Buildings would qualify at a minimum of LEED
Certification will be provided to the Village Architect.

15.

In accordance with paragraph 13 of the June 7,2011 Special Permit, the preliminary
subdivision plan shall include at a minimum separate parcels for the Waterfront Open
Space, the portion of the South Parcel intended to be for public uses by the Village, and
that portion of the West Parcel associated with the first phase of development. The
layout of such parcels shall be consistent with Figure No. 2 Public Open Space and Public
Use Diagram as referenced in paragraph 9 of the June 7,2011 Special Permit. The East
Parcel was subdivided and conveyed to the Sleepy Hollow Local Development
Corporation, the Village's designee, by deed dated December 22,2014 and recorded
December 24,2014 and any further subdivision of the East Parcel is not within the
Applicant's control.

16.

No building permit for any project building (other than buildings that will be used for
sales models that may be constructed on the South Parcel) will be issued prior to the
temporary improvement of the Beekman Avenue Bridge to an HS 25 standard with
conditions as set forth in the June 7,2011 Special Permit, and the removal of the
existing pedestrian bridge over the Metro-North tracks. No Temporary or Permanent C
of O for any project building will be issued prior to completion of the reconstruction and
repair work on the Beekman Avenue Bridge and the removal of the pedestrian bridge. A
July 30, 2018, correspondence from the Village Board to Lighthouse Landing
Communities, LLC further clarifies the requirements the Applicant must meet with
respect to the construction of the Beekman Avenue Bridge and removal of the
pedestrian bridge and the issuance of Certificates of Occupancy for Phase 1.

17.

The Applicant shall pay the Village of Sleepy Hollow all application and review fees as
required by the Village Code prior to any building permit being issued.

18.

Consistent with the Environmental Findings and the Special Use Permit the Applicant
will observe and fully comply with ail of the requirements of the Site Management Plan

�(SMP) and the Excavation Work Plan (EWP) (Appendix A of the SMP on file with the
Village) as required by New York State Department of Environmental Conservation (NYS
DEC) under the Brownfleld Cleanup Program (BCP). The Applicant will copy the Village
on all submittals to the NYS DEC that are required as part of the SMP and the EWP.
19.

All conditions identified in the Village Board's June 1,2011 Special Permit shall remain in
full force and effect.

WHEREAS, the Village has identified and the Applicant confirms that due to conflicts and setback
requirements with several of the designed underground utilities in Road 4 (now Legend Drive), the 12
inch Con Edison gas main was moved from the paved roadway to under the western sidewalk and, gas
valves were installed in the roadway crosswalks ("Con Edison Work") such that they do not comply with
Village standards, are not in conformance with the Preliminary Plat and the Final Plat will need to be
updated; and
WHEREAS, pursuant to 6 NYCRR Part 617, the SEQRA regulations, the Planning Board has
conducted the following activities:
1. Received a completed application and application fee;
2. Requested, received and considered comments from the Village Engineer, Village
Attorney, Village Planner and Building Inspector about the proposed project which were
provided in written form or discussed with the Planning Board during the course of the
Planning Board meetings;
3. Requested, received and reviewed an EAR and Coastal Assessment Form;
NOW, THEREFOR, BE IT RESOLVED, that the Planning Board, after review of the materials
submitted, public comments and recommendations and the EAF has determined that the 2018
Application does not present significant adverse environmental impacts not addressed or inadequately
addressed in the comprehensive environmental review under SEQR conducted on behalf of the Village
as part of the preparation of the Riverfront Development Concept Plan for the Project, and there are no
changes in circumstances or newly discovered information presenting such potential impacts; and be it
further
RESOLVED, that having fully considered the environmental review record and supporting
documentation, and having considered the preceding written facts and conclusions relied upon to meet
the requirement of 6 NYCRR 617.7 and 617.11, the Planning Board confirms and restates previous
certifications that:
1.

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

2.

Consistent with social, economic and other essential considerations, from among the
reasonable alternatives available, the proposed Project is one which minimizes or avoids
adverse environmental effects to the maximum extent practicable; including effects
disclosed in the environmental impact statements;

�3.

Consistent with social, economic and other essential considerations, the maximum
extent practicable, adverse environmental effects revealed in the environmental Impact
statement process will be minimized or avoided by incorporating as conditions to the
decision those mitigative measures that were identified as practicable; and

4.

The Environmental Findings have been received and reviewed; and be it further

RESOLVED, that the Phase 1 Block J Applicant will update the Final Plat set sufficient in form and
substance for the Village Engineer that the list of items outlined in the Village Engineer's July 20, 2018
correspondence have been incorporated and addressed; and, be it further
RESOLVED, no temporary or permanent certificate of occupancy will be issued for any unit
facing the Central Park from Block J until the adjacent Central Park block is completed. Completion of
the Lots 2 and 3 portion of the Central Park open space shall be required prior to the issuance of any
Temporary or Permanent C of 0 for any buildings in the J Block fronting on the Central Park open space.
The Village Green (Lot 10) shall be completed prior to the Village's acceptance of the roundabout.
RESOLVED, that prior to the acceptance of any roadway by the Village of Sleepy Hollow, the
Lighthouse Landing Communities LLC shall utilize diligent and best faith efforts, including but not limited
to paying for the cost of modifying the Con Edison Work, to cause the update of the Final Plat to show to
the satisfaction of the Village's Building Department and the Village's consulting engineer that the utility
installation in Road 4 {now Legend Drive) have been modified to relocate the gas valves previously
installed in the cross walk to a location previously approved by the Village; and, be it further
RESOLVED, that all of the Subdivision Conditions enumerated herein and outlined in the prior
approvals by the Village of Sleepy Hollow as part of the Special Permit, Riverfront Development Concept
Plan, Subdivision and Site Plan for Phase 1 shall remain in full force and effect and shall be and remain
the responsibility of Lighthouse Landing Communities LLC to implement; and, be it further
RESOLVED, the application for Second Amended Block J Final Plat Approval is hereby granted
and the Chair of the Planning Board may sign the Plat for filing with Westchester County.

PLANNING BOARD
VILLAGE OF SLEEPY HOLLOW

3 D e ZoiB
Date

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duly adopted by the
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Page 8 of 8

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                    <text>RESOLUTION
Adopted at the August 16,2018 Meeting of the
Village of Sleepy Hollow Planning Board
RESOLUTION:

SECOND AMENDED FINAL SUBDIVISION PLAT APPROVAL

PROPOSED:

Edge on Hudson Phase 1, Block J

LOCATION:

199 Beekman Avenue

TAX MAP
DESIGNATION

Section 115.10-1-1 (West Parcel) and 115.15-1-1 (South Parcel)

ZONING:

RF - Riverfront District

WHEREAS, by resolution dated June 1, 2011, the Board of Trustees of the Village Sleepy Hollow
granted to General Motors LLC Special Permit approval and Riverfront Development Concept Plan
approval, for the redevelopment of the former North Tarrytown General Motors Assembly Plant site
located at 199 Beekman Avenue to be known as Edge on Hudson (also known as the West Parcel and
the South Parcel, collectively the "Site") (the "Project"); and
WHEREAS, subsequently, title of the Site was transferred to Lighthouse Landing Communities
LLC; and
WHEREAS, in connection with such approvals, the Project was the subject of a comprehensive
environmental review conducted by the Board of Trustees acting as Lead Agency under the State
Environmental Quality Review Act (SEQRA); the SEQRA proceeding culminated in Findings Statements
issued on July 24,2007, and on January 25,2011, in which the Board of Trustees determined after due
consideration that the Riverfront Development Concept Plan (RCDP), with its associated mitigative
measures, would not have a significant adverse environmental impact and that the project would
provide a balance between the protection of the environment and the need to accommodate social,
economic, and other considerations of sound public policy; and
WHEREAS, as part of the Special Permit, the Board of Trustees completed its own waterfront
consistency review and found the proposed RDCP was consistent with the goals and policies of the
Village's Local Waterfront Revitalization Program (LWRP); and
WHEREAS, Lighthouse Landing Communities LLC then applied to the Village of Sleepy Hollow
Planning Board (the "Planning Board") for site plan and preliminary subdivision approval for Phase I of
the Project pursuant to the Village Zoning Ordinance, Article X, Site Plan review, and Chapter 425 of the
Village Code, Subdivision of Land, and to applicable laws and regulations considered pertinent to the
Application; and
WHEREAS, the initial application to the Planning Board proposed the following: subdivision of an
approximately 24 acre portion of the 64.5± acre West Parcel into ten lots and sections of roadway
rights-of-way to be dedicated to the Village; 306 residential units (Block 1:40 affordable senior housing
units, and 148 rental units of which 21 are workforce housing; Block E: 46 condominium units; Block J:

�72 townhouse units); and approximately 2.17 acres of open space consisting of the Village Green (±
0.782 acres), and portions of the Central Park (Lot 2:±0.543 acres; and Lot 3: ± 0.845 acres) {collectively
"Phase 1"); and,
WHEREAS, by Resolution adopted October 22,2015, the Planning Board granted site plan and
preliminary subdivision plat approval to Lighthouse Landing Communities LLC for Phase 1; and,
WHEREAS, on or about August 18,2017, Lighthouse Landing Communities LLC submitted an
application for Amended Preliminary Subdivision Plat Approval so that existing Section 115.10, Block 1
Lot 5 (also known as Block J) could be subdivided into twelve separate lots and approval was
subsequently granted by the Planning Board on October 19,2017; and,
WHEREAS, Lighthouse Landing Communities LLC submitted an application for Final Subdivision
Plat approval and the Planning Board subsequently granted approval on January 18,2018; and
WHEREAS, Lighthouse Landing Communities LLC wishes to sell off certain portions of the Phase
1 development to selected developers for construction of the buildings and associated amenities
including parking and landscaping; and
WHEREAS, pursuant to Chapter 450-17 of the Village of Sleepy Hollow Zoning Code, conveyance
of property ownership requires subdivision approval under the procedures set forth in Chapter 425,
Subdivision of Land in the Village Code; and
WHEREAS, the Lighthouse Landing Communities LLC has sought out a development partner to
implement portions of the approved Phase 1 Site Plan and has entered into contract vendee status with
Toll Brothers, Inc. (now collectively the "Phase 1 Block J Applicant") to sell off certain portions of Phase
1; and
WHEREAS, on or about February 9,2018, the Phase 1 Block J Applicant submitted a petition for
site plan amendment for a reconfigured Block J layout which was subsequently approved by the
Planning Board on April 5, 2018; and,
WHEREAS, the reconfigured Block J layout approved by the Planning Board on April 5,2018 did
not specifically coincide with the approved Amended Final Subdivision Plat approved by the Planning
Board on January 18,2018, which led the Phase 1 Block J Applicant to file the subject Block J Second
Amended Final Plat for the Planning Board review and approval; and,
WHEREAS, in connection with Second Amended Block J Final Plat Approval, the Phase 1 Block J
Applicant submitted (on or about July 5, 2018) and the Planning Board has reviewed the following
materials as part of the Revised Block J Preliminary Plat Approval process:
1.

Executed Application Form

2.

EAF short form

3.

Coastal Assessment Form

4.

Preliminary Subdivision Plan, prepared by. Control Point Associates, Inc. last
revised June 24,2018; and.

�WHEREAS, the Planning Board, found after review of the subject Block J Second Amended Final
Subdivision Plat materials submitted, public comments and recommendations and the EAF that the
Project did not present significant adverse environmental impacts not addressed or inadequately
addressed In the comprehensive environmental review under SEQRA conducted on behalf of the Village
as part of the preparation of the Riverfront Development Concept Plan for the Project, and there were
no changes in circumstances or newly discovered information presenting such potential impacts; and
WHEREAS, by submission of same, the Phase 1 Block J Applicant seeks to subdivide existing
Section 115.10, Block 1 Lot 5 into 14 separate lots (Lots 5A, 5B, 5C, 5D, 5E, 5F, 5G, SH, 51, 5J, 5K, 5L, 5M
and 5N) (hereinafter the "2018 Application"); and
WHEREAS, the 2018 Application was reviewed and discussed by the Planning Board at their July
19,2018 regularly scheduled meeting and a public hearing was scheduled as a special meeting of the
Planning Board for August 16,2018; and
WHEREAS, on August 16,2018, the Planning Board opened a public hearing on the 2018
Application at which all members of the public were invited to attend and comment on the 2018
Application and said public hearing was subsequently closed; and
WHEREAS, having fully considered the environmental review record and supporting
documentation, and having considered the preceding written facts and conclusions relied upon to meet
the requirement of 6 NYCRR 617.7 and 617.11, the Planning Board confirms and restates previous
certifications that:
1.

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

2.

Consistent with social, economic and other essential considerations, from among the
reasonable alternatives available, the proposed Project is one which minimizes or avoids
adverse environmental effects to the maximum extent practicable; including effects
disclosed in the environmental impact statements; and

3.

Consistent with social, economic and other essential considerations, the maximum
extent practicable, adverse environmental effects revealed in the environmental impact
statement process will be minimized or avoided by incorporating as conditions to the
decision those mitigative measures that were identified as practicable.

4.

The Environmental Findings Statement and Amended Environmental Findings Statement
adopted by the Board of Trustees, as SEQRA lead agency, on July 24, 2007, and January
25,2011, (collectively, the "Environmental Findings") have been received and reviewed;
and

WHEREAS, the Planning Board adopted the Environmental Findings as the Planning Board's
involved agency environmental findings statement pursuant to 6 NYCRR Section 617.11(c), except that
the Planning Board found that the construction phasing presented by the Applicant on the Application
differs from the construction phasing considered by the Board of Trustees as Lead Agency on the
environmental review, that the Lead Agency found at Page 117 of the Findings Statement dated July 24,
2007, "that the proposed sequencing of building construction should be flexible in order to allow for
manageable detailed site plan review and provide an efficient development schedule [and the]

�proposed schedule of Building Group sequencing during the construction process shall be submitted to
the Planning Board for review and approval during the site plan review process/' and that the currently
proposed construction phasing and sequencing presented by the Applicant to the Planning Board on the
Application is appropriate and will not have an adverse environmental impact; and
WHEREAS, the initial approval of the site plan drawings and preliminary subdivision plat for lots
4,5; 6, 7,8 and 9 as shown on the Preliminary Subdivision Plan, dated November 18,2015, was subject
to the following conditions and modifications identified below which remain in full force and effect
(collectively, the "Subdivision Conditions"):
1.

This approval shall expire if the following modifications and conditions have not been
completed to the satisfaction of the Planning Board and the Village Building
Department: submission of a satisfactory building permit application for building
construction within one year of the date of the adoption of the site plan approval,
subsequent construction commencing within six months of the date of building permit
issuance and thereafter diligently pursued and construction completed within two years
of the issuance of the building permit. Opportunity for extensions of the site plan
approval to be granted for good cause by the Planning Board at the request of the
Applicant for periods of six months each.

2.

Obtaining final approval of the building exterior design and appearance from all
applicable Village Boards to the extent that they may be required. Any material change
to the site plan will require the Applicant to come back before the Planning Board for a
site plan amendment. The Planning Board acknowledges that the Board of Trustees is
considering adopting a local law that would transfer jurisdiction to the Planning Board
to perform required architectural review of all applications for which site plan approval
is required, and, as set forth above, confirms that such review has been performed by
the Planning Board for the Phase 1 site plan.

3.

Documentation, sufficient in form and substance, for the Village Engineer to determine
that the list of items outlined in the Village Engineer's October 5,2015 and October 20,
2015 correspondence have been incorporated onto the site plan drawings. It is noted
that while most of the comments in the October 5,2015 report are requests for
additional information or clarification of information on the site plan drawings.
Comment U.15 is a request for implementation of sewer inflow and infiltration
measures for which the Village does not have an adopted policy and as such the
Planning Board is not making implementation of any measures or payment of any such
funds a requirement of approval for the Application, but the Applicant has nevertheless
agreed to consult with the Village Architect on possible Inflow and infiltration
remediation projects.

4.

Submission of as-built building plans and an as-built survey prior to the issuance of any
Temporary or Permanent Certificate of Occupancy (C of O).

5.

Prior to the Issuance of any building permits, a 100% performance bond, in a sum to be
determined by the Village Engineer and approved as to form by the Village Attorney,
shall be furnished to and accepted by the Village, to guarantee the satisfactory and

�complete installation and construction of all water and sewer utilities to be dedicated to
public use, roads to be dedicated to public use, public sidewalks, lighting in public rightsof-way and in public open space areas, and stormwater management facilities and
sediment and erosion control structures and measures within public rights of way.
6.

Provision of landscape maintenance bonds to remain in effect for two years to ensure
landscape plantings are established and maintained in a healthy and vigorous growing
condition. The extent of the bonds to be determined by the Village Building Inspector
and Village Administrator in consultation with the Applicant and in a form satisfactory to
the Village Attorney. Such landscape maintenance bond(s) shall be posted for each
Block upon the issuance of the Certificate of Occupancy for the last residential unit of
that specific development Block.

7.

The Applicant shall submit any geotechnical investigation of the site completed to date
which will include the geotechnical analysis of the site soil conditions as they relate to
the design and construction of any proposed structure. Any compaction/pile driving
operation required at the site shall be monitored by a professional engineer licensed in
the State of New York. During the process of compacting/pile driving, the gauges shall
be placed in the vicinity of the adjacent structures and utilities to monitor the soil
movement as recommended by a geotechnical engineer. Any damage to the adjacent
structures or utilities shall be the responsibility of the Applicant.

8.

No Temporary or Permanent C of O for a building shall be issued until the Applicant
offers for dedication: public roads, public sidewalks, lighting in public rights-of-way and
in public open space areas, public utility lines for water and sewer service, and any
public stormwater management facilities and corresponding easements associated with
that building and/or Block. Such offer for dedication shall be in a suitable form
acceptable to the Village.

9.

Completion of the Lot 2 portion of the Central Park open space shall be required prior to
the issuance of any Temporary or Permanent C of O for any units in Buildings E-2 and E3. Completion of the Lot 3 portion of the Central Park open space shall be required
prior to the issuance of any Temporary or Permanent C of O for any buildings in the J
Block fronting on the Central Park open space. The Village Green (Lot 10) shall be
completed prior to the Village's acceptance of the roundabout.

10.

Construction and installation of the rain gardens, landscaping and privacy wall located
along the Metro-North right-of-way shall be completed prior to the issuance of any
Temporary or Permanent C of O for the Block I buildings. Completion of the amenity
space associated with the 1-1 Building shall be completed prior to the issuance of any
Temporary or Permanent C of 0 for the 1-1 Building.

11.

Prior to the issuance of the Temporary or Permanent C of O covering the 300,000th
square foot of new development, the Applicant shall be required to complete the
following traffic improvement mitigation measures within the Village of Sleepy Hollow
as referenced in the June 7, 2011 Special Permit.

�a.

Improvements to US Route 9 at New Broadway/Bedford Road, Beekman
Avenue/Hudson Terrace

b.

Improvements to Beekman Avenue at Pocantico Street

12.

Prior to the completion of Phase 1, the Applicant shall submit a report to the Village
Architect to demonstrate Project's anticipated compliance track under the LEED-ND
program.

13.

The Applicant's LEED-ND compliance program will take into account and facilitate the
incorporation of bicycling as an alternate means of transportation in a manner like that
described in correspondence of Divney Tung Schwalbe dated October 22,2015. The
LEED-ND reference guide defines "bicycle network" to include any combination of
bicycle lanes, bicycle paths, and streets designed for a target speed of 25 miles per hour
or slower.

14.

The Applicant has agreed that prior to the issuance of a building permit, documentation
sufficient to show that the 1-2 and 1-3 Buildings would qualify at a minimum of LEED
Certification will be provided to the Village Architect.

15.

In accordance with paragraph 13 of the June 7,2011 Special Permit, the preliminary
subdivision plan shall include at a minimum separate parcels for the Waterfront Open
Space, the portion of the South Parcel intended to be for public uses by the Village, and
that portion of the West Parcel associated with the first phase of development. The
layout of such parcels shall be consistent with Figure No. 2 Public Open Space and Public
Use Diagram as referenced in paragraph 9 of the June 7,2011 Special Permit. The East
Parcel was subdivided and conveyed to the Sleepy Hollow Local Development
Corporation, the Village's designee, by deed dated December 22,2014 and recorded
December 24,2014 and any further subdivision of the East Parcel is not within the
Applicant's control.

16.

No building permit for any project building (other than buildings that will be used for
sales models that may be constructed on the South Parcel) will be issued prior to the
temporary improvement of the Beekman Avenue Bridge to an HS 25 standard with
conditions as set forth in the June 7,2011 Special Permit, and the removal of the
existing pedestrian bridge over the Metro-North tracks. No Temporary or Permanent C
of O for any project building will be issued prior to completion of the reconstruction and
repair work on the Beekman Avenue Bridge and the removal of the pedestrian bridge. A
July 30, 2018, correspondence from the Village Board to Lighthouse Landing
Communities, LLC further clarifies the requirements the Applicant must meet with
respect to the construction of the Beekman Avenue Bridge and removal of the
pedestrian bridge and the issuance of Certificates of Occupancy for Phase 1.

17.

The Applicant shall pay the Village of Sleepy Hollow all application and review fees as
required by the Village Code prior to any building permit being issued.

18.

Consistent with the Environmental Findings and the Special Use Permit the Applicant
will observe and fully comply with ail of the requirements of the Site Management Plan

�(SMP) and the Excavation Work Plan (EWP) (Appendix A of the SMP on file with the
Village) as required by New York State Department of Environmental Conservation (NYS
DEC) under the Brownfleld Cleanup Program (BCP). The Applicant will copy the Village
on all submittals to the NYS DEC that are required as part of the SMP and the EWP.
19.

All conditions identified in the Village Board's June 1,2011 Special Permit shall remain in
full force and effect.

WHEREAS, the Village has identified and the Applicant confirms that due to conflicts and setback
requirements with several of the designed underground utilities in Road 4 (now Legend Drive), the 12
inch Con Edison gas main was moved from the paved roadway to under the western sidewalk and, gas
valves were installed in the roadway crosswalks ("Con Edison Work") such that they do not comply with
Village standards, are not in conformance with the Preliminary Plat and the Final Plat will need to be
updated; and
WHEREAS, pursuant to 6 NYCRR Part 617, the SEQRA regulations, the Planning Board has
conducted the following activities:
1. Received a completed application and application fee;
2. Requested, received and considered comments from the Village Engineer, Village
Attorney, Village Planner and Building Inspector about the proposed project which were
provided in written form or discussed with the Planning Board during the course of the
Planning Board meetings;
3. Requested, received and reviewed an EAR and Coastal Assessment Form;
NOW, THEREFOR, BE IT RESOLVED, that the Planning Board, after review of the materials
submitted, public comments and recommendations and the EAF has determined that the 2018
Application does not present significant adverse environmental impacts not addressed or inadequately
addressed in the comprehensive environmental review under SEQR conducted on behalf of the Village
as part of the preparation of the Riverfront Development Concept Plan for the Project, and there are no
changes in circumstances or newly discovered information presenting such potential impacts; and be it
further
RESOLVED, that having fully considered the environmental review record and supporting
documentation, and having considered the preceding written facts and conclusions relied upon to meet
the requirement of 6 NYCRR 617.7 and 617.11, the Planning Board confirms and restates previous
certifications that:
1.

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

2.

Consistent with social, economic and other essential considerations, from among the
reasonable alternatives available, the proposed Project is one which minimizes or avoids
adverse environmental effects to the maximum extent practicable; including effects
disclosed in the environmental impact statements;

�3.

Consistent with social, economic and other essential considerations, the maximum
extent practicable, adverse environmental effects revealed in the environmental Impact
statement process will be minimized or avoided by incorporating as conditions to the
decision those mitigative measures that were identified as practicable; and

4.

The Environmental Findings have been received and reviewed; and be it further

RESOLVED, that the Phase 1 Block J Applicant will update the Final Plat set sufficient in form and
substance for the Village Engineer that the list of items outlined in the Village Engineer's July 20, 2018
correspondence have been incorporated and addressed; and, be it further
RESOLVED, no temporary or permanent certificate of occupancy will be issued for any unit
facing the Central Park from Block J until the adjacent Central Park block is completed. Completion of
the Lots 2 and 3 portion of the Central Park open space shall be required prior to the issuance of any
Temporary or Permanent C of 0 for any buildings in the J Block fronting on the Central Park open space.
The Village Green (Lot 10) shall be completed prior to the Village's acceptance of the roundabout.
RESOLVED, that prior to the acceptance of any roadway by the Village of Sleepy Hollow, the
Lighthouse Landing Communities LLC shall utilize diligent and best faith efforts, including but not limited
to paying for the cost of modifying the Con Edison Work, to cause the update of the Final Plat to show to
the satisfaction of the Village's Building Department and the Village's consulting engineer that the utility
installation in Road 4 {now Legend Drive) have been modified to relocate the gas valves previously
installed in the cross walk to a location previously approved by the Village; and, be it further
RESOLVED, that all of the Subdivision Conditions enumerated herein and outlined in the prior
approvals by the Village of Sleepy Hollow as part of the Special Permit, Riverfront Development Concept
Plan, Subdivision and Site Plan for Phase 1 shall remain in full force and effect and shall be and remain
the responsibility of Lighthouse Landing Communities LLC to implement; and, be it further
RESOLVED, the application for Second Amended Block J Final Plat Approval is hereby granted
and the Chair of the Planning Board may sign the Plat for filing with Westchester County.

PLANNING BOARD
VILLAGE OF SLEEPY HOLLOW

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Page 8 of 8

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