<?xml version="1.0" encoding="UTF-8"?>
<item xmlns="http://omeka.org/schemas/omeka-xml/v5" itemId="1982" public="1" featured="0" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:schemaLocation="http://omeka.org/schemas/omeka-xml/v5 http://omeka.org/schemas/omeka-xml/v5/omeka-xml-5-0.xsd" uri="https://sleepyhollow.localarchives.org/items/show/1982?output=omeka-xml" accessDate="2026-09-19T10:25:03+00:00">
  <fileContainer>
    <file fileId="1982">
      <src>https://sleepyhollow.localarchives.org/files/original/b9d6b6f42f56c23553313b210264f4e8.pdf</src>
      <authentication>baa132e9be75e3b1876035e968bf34e0</authentication>
      <elementSetContainer>
        <elementSet elementSetId="4">
          <name>PDF Text</name>
          <description/>
          <elementContainer>
            <element elementId="52">
              <name>Text</name>
              <description/>
              <elementTextContainer>
                <elementText elementTextId="20470">
                  <text>Village of Sleepy Hollow
Planning Board Minutes
December 16, 2021
The regular meeting was called to order at 7:00 PM by Chairperson Marjorie Hsu.
Present:

Marjorie Hsu, Chairperson
Erin Carney
Matthew Brennan
Lindsay Krakauer

Also Present:

Clinton Smith, Village Attorney
David Smith, Village Planner
James Natarelli, Village Engineer
Sean E. McCarthy, Building Inspector

Absent:

Kersten Harries
Edward McCarthy
Pamela Kroll, Secretary to the Planning Board

Agenda:
1) Francesco Alesci, 135 Beekman Avenue, Proposed multi-family building, Site plan
approval- Continued public hearing
2) 14 Clinton, LLC, 14 Clinton Street, Proposed two-family residence, Site plan approvalContinued public hearing
3) Phelps Memorial Hospital/Northwell Health, T-Mobile Northeast, LLC, Wireless
communications permit, Amended site plan- Public hearing
4) Cristian Carrion, 72 Beekman Avenue, Proposed addition and alterations- Site plan
approval-Preliminary presentation
5) Hudson Pines, LLC, 180 Bedford Road, Proposed swimming pool, Site plan extension
approval- Resolution
6) Hudson Pines, LLC, 180 Bedford Road, Proposed new construction of Carriage House,
Site plan approval- Preliminary presentation
7) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
Block O/P Townhomes, Phase II- Introduction of builder
8) Approval of minutes, November 18, 2021
Chairperson Hsu read the agenda and stated there is a quorum.
1. Franceso Alesci, 135 Beekman Avenue, Proposed multi-family building, Site plan
approval- Public hearing
Motion was made to reopen the public hearing.
Moved: Chairperson Hsu
Seconded: Brennan
1

Vote 4-0
(12/16/21)

�Chairperson Hsu stated that Mr. Alesci submitted the site plan application on January 4, 2021
and came before the Planning Board on February 18, 2021. Prior to their presentation to the
Planning Board they started working with the Building Department in October of 2020.
Chairperson Hsu stated that she wants to inform the public that they have been working with the
applicant regarding this property for over a year and that they have come before the Planning
Board many times and that they have been adaptive and receptive to their suggestions regarding
the proposed site plan and the architectural drawings. In August of 2021, the Board of Trustees
passed a resolution that included a number of Village Code changes that were the first actions to
come out of the Comprehensive Plan. The intentions of the Comprehensive Plan were to
preserve and enhance the character of the Historic Village and spur economic development in
Sleepy Hollow. Chairperson Hsu stated that the Board has worked with their consultants and the
Building Department and that this application adheres to the current Village Codes and that no
variances will be required. Chairperson Hsu stated that they welcome public comments and that
they have received recent written testimonies provided by Anne White of Kendall Way as well
as Daniel Convisor of Maple Street (See Exhibits 1-3) Chairperson Hsu stated that she wants the
community to be confident that they are trying to do what is best for the entire community. The
proposed building will be safer than the existing building because they will be required to adhere
to the current Fire Code and have a fire sprinkler system. Chairperson Hsu encouraged members
of the public to be respectful of the Planning Board, the consultants, and the Village staff when
making comments. The Board and consultants are here this evening to be optimistic and hopeful
that they going to make Sleepy Hollow better and to be able to look back and say that Code
changes and developments have enhanced the community overall.
Christopher Barbargli is the architect representing the applicant. Mr. Barbargli stated that they
will submit the Civil Engineering drawings for the next meeting. Mr. Barbargli stated that as
requested by the Board, they have prepared two aerial renderings of the site to show how the
proposed building will interact with the surrounding properties. Mr. Barbargli presented the
rendering to show how the neighboring lots relate to the residential and commercial zones and
where their site extends into the residential zoning district. Mr. Barbargli presented revised
elevation drawings and stated that changes were made to the windows and details were added to
the columns and balconies. Changes were made to the garage archways and they have stepped
back the left elevation to break up the facade. One of the stair towers on the east side elevation
has been eliminated to bring down the scale of the building, and breaks have been added to the
building to reduce the long wall appearance.
Chairperson Hsu stated that the changes to the fa9ade and the contours look better. The Board
will focus on the site plan and will invite the applicant back for an Architectural Review Board
meeting as they move forward with the Site Plan preparations. Chairperson Hsu stated that the
aerial renderings provided are very helpful in understanding the zoning districts in the
community.
Chairperson Hsu solicited comments from the Board.
There were no comments from the Board.

2

(12/16/21)

�Tony Gioffre is a member of the Law Firm of Cuddy + Feder representing the applicant. Mr.
Gioffre asked Chairperson Hsu if there are any other outstanding documents that they need to
submit regarding the proposed site plan other than the civil engineering drawings.
Chairperson Hsu stated that the only outstanding submission required for the next meeting are
the civil engineering drawings.
Chairperson Hsu solicited comments from the public and requested that they introduce
themselves.
Kory Salomone is an associate of the Zarin and Steinmetz and stated that he is there on behalf of
Maria Martins, the owner of 11 Kendall Avenue. Mr. Salomone stated they have no objection to
the project. The concern is how the applications relates to the Lower Beekman Overlay District.
Mr. Salamone read from the Code 450-107 and from page 16 of the booklet describing the
massing height limits. Mr. Salomone stated that at the last meeting Sean McCarthy stated that the
application meets the requirements because the property abuts a commercial district and not a
residential district so the requirements did not apply. Mr. Salomone stated that he respectfully
disagrees with the determination. Mr. Salomone stated that when you look at the Schedule of
Regulations, it specifically states where a mixed use multi-family building is abutting the
residential district, the height limitations of the structure at 80 feet or greater from the edge of
sidewalk shall be 25 feet unless otherwise indicated by the Overlay District Design standards.
Mr. Salomone stated that the Design standards specifically state, with no qualifying language
about abutting a residential district, that when you set back 80 feet, you drop down to 25 feet.
Mr. Salomone questioned if Mr. McCarthy has reduced his determination in writing and filed it
with the Village Administrator. Mr. Salomone questioned that if their intention is to file an
appeal with the Zoning Board of Appeals, will the determination will be reduced in writing or is
the Board relying on statements made at the prior meeting to file as a determination.
Chairperson Hsu stated that a determination in writing has not been filed at this time and that it
can be reduced to writing.
Mr. Salomone requested that the determination be reduced in writing and that the public hearing
remain open pending the outcome of an appeal, and that once the appeal is made that the
application is stayed and no further proceedings can occur.
Lauren Connell lives at 5 Pleasant Street stated that the determination is a large departure from
what is written and if this is the stance that the Village is going to go with from here on out it
significantly changes the intent and written meaning of what the Overlay District says. Ms.
Connell stated that one of the primary rules of statutory interpretation is plain language and the
very title of Overlay District means to go on top of. Ms. Connell stated that if the Board bends
the rules, or breaks the rules in this case, she questioned when they will enforce them. Ms.
Connell stated if the Board tries to enforce them later, someone may point backwards and say
that is how it was applied last time. Ms. Connell questioned if most of lower Beekman is
commercial than what is the point of the Overlay District.
A member of the public stated that he is an architectural designer and from his experience
working in Westchester County, the Board is rolling the red carpet out for the applicant and the
3

(12/16/21)

�Board has not fully studied the project. He questioned why the drawings were only available to
the public on Tuesday when the drawings are supposed to be submitted 14 days prior to the
meeting. He stated that at the last meeting, Mr. Alesci accused the public of misinterpreting the
drawings and requested that the architect share the site plan and stated that there are no
dimensions on the site plan to show the public how big the proposed building is.
Chairperson Hsu stated that the purpose of the aerial renderings was to provide the community
with a sense of the scale of the building.
The member of the public stated that the drawings have no overall dimensions. He stated that
the chart states that the C-2 district requires, as in the R-5, a minimum one side yard at 5 feet and
both 15 feet. On the site plan, there is an off-set, and the back of the building goes over the 5 foot
setback. He read page 17 of the Overlay District Booklet and stated that in this proposal there is
no public use parking provided on the property and it goes against the code for the curb cut and
takes a public free parking space away that will cause more havoc and density to the area. He
stated that in regards to the 25 foot height limit on the 80 foot setback, the proposed roof plan
shows that there is a missing line of the site section and if you put the section line in the project
goes over the line by 2 feet and that this project at the height is 46 feet, 9 inches above the
ground and does not meet the 25 foot height requirement. He stated that the proposed project
needs to be in scale with the residential area.
Mr. Gioffre stated that it is premature to request that the Board keep the public hearing open
indefinitely pending an application that may be made to the Zoning Board of Appeals to appeal
an interpretation. It is contrary to public policy, inappropriate, and they could slow role or drag
the application through the Zoning Board of Appeals process.
Lauren Connell requested that the Board not agree that the project complies with the Overlay
District and that if there is an attempt to move forward that the rule of interpretation be
solidified.
Chairperson Hsu stated that she stated previously that the application adheres to the Village Code
and that no variances are required.
Motion was made to adjourn the public hearing to January 20, 2022.
Moved: Chairperson Hsu
Seconded: Krakauer

Vote 4-0

2. 14 Clinton LLC, 14 Clinton Street, Proposed two-family residence, Site plan approvalContinued public hearing
Motion was made to reopen the public hearing.
Moved: Chairperson Hsu
Seconded: Brennan

Vote 4-0

Dena Alto is the Project Manager for the applicant and stated that their architect is in quarantine
and is not able to attend. Ms. Alto stated that they were granted a variance with the condition of
the side yard setback to be 3 feet from neighboring property. They are going to revise the plans
accordingly and asked Sean McCarthy if they are permitted to extend back more into the rear
yard.
4

(12/16/21)

�Sean McCarthy stated that as discussed at the Zoning Board meeting, as long as they stay within
the rear yard setback requirement and not exceed the overall building coverage, they may extend
the building in the rear yard.
Dena Alto stated that they will submit the revised plans before the next meeting.
Chairperson Hsu solicited comments from the public.
There were no public comments.
Motion was made to adjourn the public hearing to January 20, 2022.
Moved: Chairperson Hsu
Seconded: Krakauer

Vote 4-0

3. Phelps Memorial Hospital/Northwell Health, T-Mobile Northeast, LLC, Wireless
Communications permit, Amended site plan - Public hearing
Motion was made to open the public hearing.
Moved: Chairperson Hsu
Seconded: Brennan

Vote 4-0

Daniel Patrick is an associate of the law firm of Cuddy + Feder LLP representing T-Mobile. Mr.
Patrick stated that the Planning Board expressed their concerns regarding the heights of the
proposed antennas. Mr. Patrick presented amended plans which propose 6 foot high antennas in
lieu of the 8 foot antennas originally proposed. The proposed antennas will have the same center
line as the existing antennas and there will not be an increased height to the structure. The
revised plans propose to replace two of the existing cabinet base structures with two smaller
cabinets.
Chairperson Hsu asked Mr. Patrick how the smaller antennas will affect the coverage and
capacity and if they will fulfill the intentions of what T-Mobile wishes to accomplish and if they
switched antenna vendors or brands.
Mr. Patrick stated that the small antennas will allow T-Mobile to achieve their goals and that he
can't speak to the specifics of how the equipment has changed.
Matthew Brennan asked Mr. Patrick if the visibility will change with the added antennas.
Mr. Patrick stated that the facility height will remain the same.
Erin Carney stated that she appreciates the effort made to match the existing height.
Chairperson Hsu solicited comments from the public.
There were no public comments.
Chairperson Hsu requested that a draft resolution be prepared for the January 20, 2022 meeting.
5

(12/16/21)

�Motion was made to close the public hearing.
Moved: Carney
Seconded: Krakauer

Vote 4-0

4. Cristian Carrion, 72 Beekman Avenue, Proposed addition and alterations, Site plan
approval-Preliminary presentation
Michael Tribe is the architect representing the applicant. Mr. Tribe presented aerial and street
views of the property location and stated that Pocantico Street is on the West and North
Washington is on the East. The existing building is a three-story structure with two stores on the
ground level and two apartments above. Part of the building has a pitched roof and part of it is a
flat roof. The existing building is in poor condition. Mr. Tribe presented photographs of the
existing conditions and stated that the applicant proposes to renovate the interior of the building
and enclose and extend the rear elevation to increase the store space and add 350 feet to the
overall size of the building. The application proposes to remove the rear yard patio, replace the
existing fencing, and plant trees to create a nicer backyard space. Mr. Tribe presented the survey
and stated that the lot size is 25 feet by 125 feet, and the building is 3,125 square feet. With the
FAR of 1.4 they can accommodate up to 4,275 square feet. The proposed application would
bring the total square footage to 3,450 with a proposed FAR of 1.1. The proposed renovations to
the interior will create a safer code compliant structure. Mr. Tribe presented and described the
existing and proposed floor plans and sections. Mr. Tribe presented the proposed exterior
elevations and described the materials proposed for the fa9ade.
Chairperson Hsu asked Mr. Tribe if he has reviewed the downtown Design Guidelines and
stated that the design is is too modern to meet the guidelines.
Mr. Tribe stated that he read through the Design Guidelines and stated that the plans meet the
guidelines with a modern and traditional approach.
Chairperson Hsu requested that Mr. Tribe show the current street view and questioned the
intentions for the top floor levels.
Mr. Tribe stated that the intentions are to raise the flat roofed area to match the peeked roof in
order to make the existing apartment larger.
Erin Carney asked Mr. Tribe if the existing store spaces are currently in use and questioned if
they intend to the keep two separate store front spaces.
Mr. Tribe stated that the building is currently vacant and the owner has been working to make
the conditions safe. The intention is to build the structure across the entire span of the building
and have a partition between the stores fronts that can be removed if a tenant wishes to have a
larger space.
Lindsay Krakauer asked Mr. Tribe if the rear garden area will be for the use of the tenants in the
apartments.
Mr. Tribe stated that the only access to the rear yard is from the store fronts and that it will be
more a visual amenity for the upper floor apartments.
6

(12/16/21)

�David Smith suggested that the applicant provide access to the rear yard for the apartment
tenants and that it would create an amenity that adds value.
Mr. Tribe stated that they will consider adding an exterior staircase so that the apartment tenants
could have access to the rear yard. Mr. Tribe stated that the proposed application doesn't require
variances.
Chairperson Hsu questioned if there are parking requirements for the two apartments and what
the applicant proposes for heating and cooling of the building.
Mr. Tribe stated that if the frontage is less than 30 feet wide in the C2 district there are no
parking requirements.
Edison Venegas is the engineer representing that applicant and stated that due to the Con Edison
moratorium they are unable to bring back the gas service so they are proposing electric heat
pumps to heat the building. They have confirmed that the existing electrical service is adequate
and that they will update the services to 4 meters approved by Con-Edison. They have already
applied with the Department of Health for a new 4 inch water line and it will be a combined
service. The existing building has a 1 inch service. They will bring in the 4 inch water service
line and install sprinklers throughout the entire building
James Natarelli asked if they will be maintaining the existing sewer service.
Mr. Venegas stated that the existing sanitary sewer system will remain.
There was a discussion between James Natarelli and Edison Venegas regarding the existing
stormwater management system and it was agreed that the engineer will investigate the
management of the roof drain runoffs and the opportunities for infiltration and retentions systems
in the backyard.
Sean McCarthy asked Mr. Venegas how they propose to excavate for the proposed addition.
Mr. Venegas stated that they will complete excavation by shovel as needed.
Sean McCarthy asked how the garbage for the building will be handled.
Mr. Tribe stated that the tenants will be responsible for taking the garbage out to the sidewalk on
collection days.
David Smith requested that they provide a rendering to show the how proposed building will fit
in with the surrounding properties.
Lindsay Krakauer agreed that it would be helpful to see the design elements as they relate to the
neighboring facades.
Mr. Tribe stated that they will provide renderings for the next meeting.
7

(12/16/21)

�Sean McCarthy asked Mr. Tribe how they are going to deal with the building on the right side
and the existing windows on that wall which are zero lot line structure.
Mr. Tribe stated that they will leave space for the windows in the building to the right because
there are sprinklers heads coming out above them.
Chairperson Hsu asked Sean McCarthy what the next steps should be.
Sean McCarthy stated that there is sufficient information provided to allow the Board to schedule
a public hearing.
Motion was made to schedule the public hearing for January 20, 2022.
Moved: Chairperson Hsu
Seconded: Carney

Vote 4-0

5. Hudson Pines, LLC, 180 Bedford Road, Proposed swimming pool, Site plan approval
extension- Resolution
Kimberly Martelli is the architect representing the applicant. Ms. Martelli presented the master
site plan and stated that the request for the site plan approval extension includes the main house
conservatory addition and the outdoor pool and pool house addition.
Chairperson Hsu requested that David Smith read the highlights of the draft resolution.
David Smith read the Whereas clause of the confirmatory resolution relating the Carriage House
and the indoor pool and read the resolve clauses of the confirmation resolution.
Motion was made to adopt the resolution.
Moved: Chairperson Hsu
Seconded: Carney
Chairperson Hsu - yes
Erin Carney - yes
Matthew Brennan - yes
Lindsay Krakauer- yes
Vote 4-0

APPROVED

6. Hudson Pines, LLC, 180 Bedford Road, Proposed new construction of Carriage House,
Site plan approval - Preliminary presentation
Kimberly Martelli is the architect representing the applicant. Ms. Martelli stated that the previous
site plan approval for the Carriage House proposed lifting up the existing structure, adding
ground floor additions and the construction of an attached enclosed pool house. During the
process of preparing construction drawings for permit filings, their engineering and construction
team determined that the severity of the construction risks to the existing structure, the site, the
historical landscaping, and the safety of the construction personnel was significant enough to
warrant the demolition and reconstruction of the Carriage House. Ms. Martelli stated that the
filed construction documents for the Building Permitting specified demolition of the existing
8

(12/16/21)

�Carriage House and detailed construction consistent with replication of the architectural
characteristics. The proposed submission does not change the previously approved location, the
architectural exterior finishes of the Carriage house or the enclosed pool. Ms. Martelli presented
photographs and details of work completed to date on the structures located in Mount Pleasant
and stated they intend to maintain the integrity of the historical site for the structures located in
Sleepy Hollow. Ms. Martelli stated that they would be happy to attend work sessions or
schedule field visits to keep the Board updated on the construction progress. Ms. Martelli
presented photographs and described the location of the existing Carriage House and the views
as they appear from Bedford Road and the Main House. Ms. Martelli provided renderings to
show what the proposed Carriage House and enclosed pool structure will look like on the site.
Chairperson Hsu requested that a site visit be scheduled so the Board can see the overall scope of
the proposed work.
Motion was made to schedule a public hearing for the January 20, 2022 meeting.
Moved: Brennan
Seconded: Krakauer
Chairperson Hsu - yes
Erin Carney - yes
Matthew Brennan - yes
Lindsay Krakauer- yes
Vote 4-0

Vote 4-0

APPROVED

Kimberly Martelli requested that the application be referred to the Zoning Board to approve the
variances for the proposed application as they relate to the front yard setback, height of an
accessory structure, and height of retaining walls and guard rails.
Chairperson Hsu asked Sean McCarthy if they are required to go back to the Zoning Board for
approval of the variances.
Sean McCarthy stated that the applicant needs to go back before the Zoning Board of Appeals
for the requested variance approvals.
Motion was made to refer the application to the Zoning Board of Appeals.
Moved: Krakauer
Seconded: Brennan

Vote 4-0

7. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
Block OP Townhomes Phase II, Introduction of builder- Presentation
Peter Chavkin is a managing partner of Biddle Real Estate Ventures on behalf of Lighthouse
Landing Communities, LLC. Mr. Chavkin stated that Bill McGuinness of Sun Homes has been
selected as the home builder for the final section of Block O/P.
Bill McGuinness is the founder of Sun Homes and stated that they are a design-build firm
specializing in wood framed infill dense suburban development. Mr. McGuinness provided a
history of his firm and the benefits of being a design-build firm and having control over the
9

(12/16/21)

�projects. Mr. McGuinness presented examples of completed projects and precedents to show the
different architectural styles and inspirations. Mr. McGuinness stated that the first group of
buildings proposed are six 20 foot-wide interior units on Legend Drive. Mr. McGuinness
presented concept sketches and stated that they are proposing to step the building elevations in
and out between each unit and recessing areas to create depth. Mr. McGuinness presented
elevation drawings and stated that the "Kits of Parts" options will be available based on the
location of the units.
Peter Chavkin stated that they plan on submitting the architectural information for the first
building before the next meeting. Mr. Chavkin stated that he knows that there are revisions that
need to be made to the site plan to address the comments from the Village consultants. At the
next meeting they will be seeking an approval for the "Kit of Parts" with the understanding that
some of the plans will come before the Architectural Review Board for the proposed facades for
each building similar to what was required from Toll Brothers in the first section of Block O/P.
Chairperson Hsu stated that the site plan needs to be analyzed and approved to address concerns
regarding density and a pending parking issue letter that was received from their attorney.
Peter Chavkin stated that they are seeking the same height variance for the units along Legend
Drive from 42 feet to 48 feet and requested that the Planning Board refer the request to the
Zoning Board of Appeals so that may schedule a public hearing.
Sean McCarthy stated that an application was submitted to Zoning Board of Appeals. The
Zoning Board will review the application and then refers it to the Planning Board for a
recommendation. Mr. McCarthy stated that the request for height variances should be on the
January Planning Board agenda for a discussion.
David Smith stated that the applicant has submitted an application to the Zoning Board for the
height variances but there could be the potential for other requests for variances related to the
parking. The question arose as to whether the Zoning Board wants to hear individualized
requests for variances or collaborate all of the requests for variances in one application.
8. Approval of minutes- November 18, 2021
Motion was made to approve the minutes from the November 18, 2021 meeting.
Moved: Chairperson Hsu
Seconded: Krakauer
Chairperson Hsu - yes
Erin Carney - yes
Matthew Brennan - yes
Lindsay Krakauer- yes
Vote 4-0

APPROVED

Motion was made to adjourn the meeting at 8:50 PM.
Moved: Chairperson Hsu
Seconded: Krakauer

10

Vote 4-0

(12/16/21)

�Respectfully submitted,

Pamela Kroll
Secretary to the Planning Board

11

(12/16/21)

�EXHIBIT #1
December 11, 2021
Marjorie Hsu
Chair, Planning Board
Village of Sleepy Hollow
re: 135 Beekman Ave Public Hearing -- Legal Analysis of Maximum Height
Dear Chairperson Hsu:
The legal debate regarding 135 Beekman Ave revolves around where the 25 foot height limit starts. The
Village's new Zoning Code indicates the starting point is 80 feet from the sidewalk. The presentation to
the November 18th Planning Board meeting shows the building would be approximately 45 feet high
until about 135 feet from the sidewalk.
Below is the step-by-step analysis leading to that conclusion. It consists of quotes from Local Law 3 of
2021,1 the law that approved the new code. Attached to this letter is a copy of Local Law 3 in which I
have highlighted key passages.
Overlay District Applies: 135 Beekman is part of the "Lower Beekman Avenue Design Standards
Overlay District," as specified by Section 450-106, which defines the boundaries as "current lots on
Beekman Avenue west of Kendall Avenue and east of Clinton Street."
Overlay Regulations Take Precedence: Section 450-107 says "All projects within the LBADS Overlay
District shall comply with the regulations set forth in the underlying zoning except to the extent of
regulations set forth in the annexed 'Lower Beekman Avenue Design Standards Overlay District
Regulations Booklet.'"
C-2's Height Section Says to Use the Overlay: The "Schedule of Regulations" for the C-2 (Central
Commercial) zone says to use its "Maximum Height" rules "unless otherwise indicated by Overlay
District design standards."
The Overlay's Height Limits: The "Regulations Booklet" defines two types of buildings: "Residential"
and "Storefront." Both types have the same "height limits" text, based on the distance from the sidewalk.
The relevant portion says: "80-ft and greater from sidewalk edge: 25-ft." No exceptions are specified.

I am strongly in favor of more housing in Sleepy Hollow and want the Alesci family to succeed in
building such. I also want to ensure the Planning Board, and Village government as a whole, follows the
law. Doing otherwise places the Village in jeopardy of sanctions by New York State, as well as litigation.
Sincerely,
Daniel Convissor
26 Maple St
1 Local Law 3 of 2021 as adopted, obtained from the Village's website:
https://www.sleepyhollowny.gov/building-department/files/zoning-local-law-no-3-2021-amendingchapter-450

�Meeting Date: 8/24/2021
Resolution #: 8/114/2021
A LOCAL LAW No. 3,2021 AMENDING CHAPTER 450 IN
THE CODE O F THE VILLAGE O F SLEEPY HOLLOW ENTITLED
ZONING TO (1) REMOVE DISTRICT R-4A, (2) CREATE A LOWER BEEKMAN
AVENUE DESIGN STANDARDS OVERLAY DISTRICT, (3) REVISE PERMITTED
USES IN DISTRICT C-2, (4) ALLOW NON-RESIDENTIAL USES ON UPPER FLOORS
O F MIXED-USE BUILDINGS, (5) REVISE PARKING REQUIREMENTS, (6) CREATE
INCENTIVES FOR INVESTMENT IN DISTRICT C-2, (7) CREATE INCENTIVES FOR
ADAPTIVE REUSE, AND (8) AMEND THE STRATEGIC PROPERTY
REDEVELOPMENT ZONE

Motion: Trustee Spiro moved, seconded by Trustee Rodriguez.
Motion carried unanimously.
BE IT ENACTED by the Board of Trustees of the Village of Sleepy Hoilow, New York,
as follows:
Section 1.
The Code of the Village of Sleepy Hoilow is amended at §450-5 by
deleting "R-4A One- and Two-Family Residence/Neighborhood Commercial.**

�Section 2.
The Code of the Village of Sleepy Hollow is amended at §450-6 and the
map entitled "Zoning Map of the Village of Sleepy Hollow" to delete the mapping of R4-A Oneand Two-Family Residence Neighborhood Commercial and replace it with C-2 Central
Commercial on the ends and R-5 Multiple Residence-Medium Density in the center as follows:

Prior Zoning on Hudson Street

Amended Zoning on Hudson Street

Section 3.
The Code of The Village of Sleepy Hollow is amended at §450-41, Offstreet parking and loading space, as follows:
A.
At Paragraph E, in the "Use" and the "Minimum Required Spaces
columns insert after "Office uses in commercial or residential buildings" the following:
Use

Minimum Required Spaces

Medical and denial office

1 for cach 150 square feet of floor area

Ail uses in commercial or residential
buildings on lots of 30 feet or less in
width

The minimum parking requirement is waived except when a change of use includes
medical or dental office uses

B.
At Paragraph F, in the "Square Feet of Total Floor Area or Other
Unit of Measurement" and the "Required Off Street Loading Berths" columns insert for
"Offices, hotels, retail, commercial, wholesale, storage, and miscellaneous uses" the following:
Square Feet of Total Floor Area or Other Unit of Measurement

Required Off Street Loading Berths

�Under 5,000 square feet

0

5,000 to 20,000 square feet

1

20,000 lo 50,000 square feel

2

More fh&amp;n 50,000 to 100,000 square feet

3

For each additional 50,000 square feet or major fraction thereof

1

Section 4.
The Code of the Village of Sleepy Hollow is amended at §450-49,
Restaurants, delicatessens, food service establishments, taverns, bars and drinking
establishments, by deleting it
Section 5.
The Code of The Village of Sleepy Hollow is amended at §450-51,
Mixed-use (commercial and residential) developments, as follows:
A.

Paragraph C is deleted.

B.

Paragraphs D, E, and F are renumbered C, D, and E.

C.

Renumbered Paragraph £ is amended to read as follows:

E.
Mixed-use developments shall not be permitted where the nonresidential use of
the building includes manufacturing or where the nonresidential use is automotive in
nature. PROVIDED, however, that the non-mechanized, non-assembly line, small-batch
production and assembly of finished products or component parts, typically by hand, and
including design, non-noxious or environmentally deleterious processing, fabrication,
assembly, and treatment, and packaging of finished products shall be permitted as the
nonresidential use in mixed-use developments.
Section 6.
The Code of The Village of Sleepy Hollow is amended at §450-53, Offsite parking areas, as follows:
A.

At Paragraph B, to read as follows:

B.
Location. An off-site parking area shall be so located that its pedestrian access
shall be within 500 feet from the effective entrance to the use which it serves.
B.
E.

By the addition of a new Paragraph E to read as follows:

Parking for existing uses, buildings, structures, and narrow parcels.
(I)
Ground-floor uses within buildings in the C-2 District that are in existence
prior to July 1,2021, shall be considered legally nonconforming with respect to
parking even if they do not meet the minimum parking requirements for the use.
The difference between the number of spaces that the existing use is required to
provide and the number of spaces that it provides shall be considered a credit that

�carries forward with the building (unless the building is enlarged, expanded, or
replaced).
(2)
At the time of any change in use within existing buildings that are legally
nonconforming with respect to parking as described in Section A above, the credit
may be deducted from the parking requirements of the new use. If the new use
requires the same or fewer parking spaces as the previous use, the new use is not
required to provide additional off-street parking, but shall not reduce the number
of existing spaces provided, except to the extent that the new use provides parking
in excess of the requirements in Section 450-41). If the new use requires more
parking spaces than the previous use, the parking requirement shall equal the
number of spaces required by Section 450-41 minus the credit described in
Section H(I) above.
(3)
Parcels that are 30-ft wide or less, within the C-2 District, and with
frontage along Beekman Avenue, Clinton Street, Valley Street, and Cortlandt
Street are considered legally nonconforming with respect to parking and need not
meet the minimum parking requirements indicated in Section 450-41
Section 7.
The Code of the Village of Sleepy Hollow is amened at §450-99,
Statement of intent and objectives, to read as follows:
It is the intent of Strategic Property Redevelopment (SPR) Floating Zone to enable the
redevelopment of underutilized privately held and municipal properties so they can be
returned to the tax rolls as applicable or otherwise redeveloped for mixed use, affordable
and market rate housing and to provide criteria for the development of such uses.
Section 8.
The Code of the Village of Sleepy Hollow is amended at §450-100,
Development standards and general requirements for SPR, at Paragraph A(l)to read as follows:
{1)
The property must be owned by the Village or its designated entity, the Sleepy
Hollow Local Development Corporation, or if the property or assemblage of properties is
privately held, such property or properties must together contain a minimum of 65 feet of
frontage on either Beekman Avenue, River Street, Valley Street, or Cortlandt Street.
Section 9.
The Code of the Village of Sleepy Hollow is amended at §450-103,
Development incentives, as follows:
A.

At Paragraph A to read as follows:

A.
Purposes. It is recognized that the SPR encompasses a unique resource within the
Village of Sleepy Hollow, containing both a significant opportunity for achievement of
public amenities and a major potential for redevelopment. To provide an incentive which
will further encourage the most appropriate use and development of the Village's various
land holdings along with those of other government related or private entities in a
manner designed to achieve adopted planning objectives and to further the policies and
purposes of the Village's Comprehensive Plan and Local Waterfront Revitalization
Program, the Village may allow, only by application for a special permit and following a

�public hearing held on notice duly given in the same manner as required by law for
zoning amendments, an increased building bulk (i.e., floor area ratio and/or building
height), relief from required setbacks, nonresidential uses on the upper floors of mixed
use buildings, relief from parking and loading requirements.
B.

At Paragraph B( i )(c) to read as follows:

(c)
Streetscape/landscape improvements in the form ofstreetlighting, plantings,
sidewalk improvements, benches and other similar streetscape/landscape amenities for
the Village's downtown commercial/ residential areas or enhanced vehicular or
pedestrian access or rights of way through the property.
C.

At Paragraph C( 1) to read as follows:

(1)
The maximum floor area ratio and/or building height increase shall not exceed
34% as compared to that otherwise permitted in the underlying district.
Section 10. The Code of the Village of Sleepy Hollow is amended by adding a new
Article XVIII to read as follows:
Article XVIII
Lower Beekman Avenue Design Standards Overlay District
§450-105.

Findings and Purpose.

Lower Beekman Avenue has a decidedly residential character, with large, generally wellmaintained homes set back from the sidewalk with small front yards, porches or stoops,
and many mature street trees. Some of these homes have been converted to two- or
three-family homes. The overall effect is to establish an attractive, walkable
neighborhood that serves as a link between the downtown and the waterfront and can take
advantage of both portions of the Village. Non-residential uses that are currently allowed
in the C-2 district are appropriate on Lower Beekman Avenue, such as professional
offices, child-care, or small boutiques, but the predominant visual character of the area
should be preserved.
§450-106.

Location.

The boundary of the Lower Beekman Avenue Design Standards Overlay District
("LBADS Overlay District") is current lots on Beekman Avenue west of Kendall Avenue
and east of Clinton Street.
§450-107.

Applicable Regulations.

All projects within the LBADS Overlay District shall comply with the regulations set
forth in the underlying zoning except to the extent of regulations set forth in the annexed
"Lower Beekman Avenue Design Standards Overlay District Regulations Booklet."

�Section 11. The Code of the Village of Sleepy Hollow is amended by adding a new
Article XIX to read as follows:
Article XIX
Adaptive Reuse of Religious, Educational, and Institutional Buildings
§450-108

Findings and purpose.

The purpose of this section is to prevent the demolition of and foster the renovation and
reuse of structures originally constructed for religious, educational, or institutional uses,
which have historic, architectural, economic, cultural or other value to the Village and are
atriskof becoming underutilized, vacant or demolished. This section encourages the
adaptive and flexible reuse of such buildings to allow more economic and efficient use of
the property. Special regulations are appropriate to this type of reuse because of the
difficulty present in adapting these structures to allow economic and efficient use of the
property.
§450-109.

Location.

This provision may be applied within Zoning District C-2 and Zoning District R-5.
§450-110.

Eligible buildings.

Any building originally constructed for religious, educational, or institutional purposes
including buildings previously occupied as a primary or secondary school, place of
worship, or accessory building to a place of worship such as a rectory, convent,
gymnasium, or similar use.
§450-111.

Applicable regulations.

All projects within the C-2 District and the R-5 District shall comply with the regulations
set forth in the underlying zoning except to the extent set forth in this Article.
§450-112.

Special permit.

A,
The Board of Trustees must review and grant a special permit for requests to
demolish structures meeting the eligibility requirements herein.
B.
The Planning Board may grant a special peimit subject to the additional
provisions set forth below to allow the use of an eligible building for uses which may not
otherwise be allowed and such adaptive reuse of an existing building may occur within its
existing footprint even if dimensionally nonconforming.

�§450-113.

Site plan approval.

The granting of a special permit for other than demolition of a religious, educational, or
institutional structure pursuant to Section 450-112 shall require compliance with site plan
review requirements.
§450-114.

Area, height, setback, etc. modifications.

The Planning Board may modify minimum lot area, height, stories, minimum lot
frontage, maximum coverage, maximum habitable floor area, minimum lot width, and
front, side and rear yard setback requirements if the Planning Board determines that the
modification is necessary to preserve the building and allow its adaptive reuse.
§450-115.

Parking modifications.

A,
Parking may be provided on lot(s) in private ownership within 500 feet of the
building entrance.
B.
The Planning Board may modify off-street parking requirements based on
applicant's information regarding the parking impacts of the proposed adaptive reuse.
§450-116.

Additional conditions.

The Planning Board may attach such additional conditions to a special permit granted
under this section as may be necessary to protect the neighborhood surrounding the
property and to encourage the most appropriate adaptive reuse of the buildings and
property.
Section 12. The Code of the Village of Sleepy Hollow is amended by adding a new
Article XX to read as follows:
Article XX
Development Incentives for the C-2 District
§450-117

Findings and purpose.

The purpose of the development incentives and community benefits program is to
encourage investment in the Inner Village of Sleepy Hollow, to incentivize development
of underutilized sites. In exchange for provisions of community benefits described in this
Article, a developer could receive a series of incentives to make investment more
attractive.
§450-118.

Location.

This provision may be applied within Zoning District C-2.

�§450-119.

Applicable regulations.

All projects shall comply with the regulations set forth in the underlying zoning except to
the extent set forth in this Article.
§450-120.

Special permit.

The Board of Trustees may grant a special permit for the development incentives
program. As part of his special permit application, a developer must demonstrate that the
proposed project achieves a total of 15 points based on the community benefits described
in §450-121. The Board of Trustees may grant all or some of the development incentives
described §450-122 based upon satisfaction of the minimum requirements to achieve 15
points of community benefits.
§450-121.
A.

Community benefits.

A proposed project may include any combination of community benefits.
Community benefits, their description, and their maximum points are:

Community Benefits
Public open space
Green Building
Certification
Affordable Housing
Converting Nonconforming Uses
Streetscape
Improvements

Infill Development
Neighborhood
t Stabilization Fund
| Off-Strcct Public
| Parking

t
Cultural Facilities
Green infrastructure
Green Building
Strategies

Public Art
NYS stretch code with
Electrification Ready
Provisions

Description
Maximum Points
Provision of a new public park or substantial improvements to
existing public open space
LEED Gold and/or Passivhaus certification (or equivalent) with full
or substantia] electrification
Provision of affordable housing as defined by Westchester County at
a minimum of 10% of the tola! number of units.
Conversion of a substantial nonconforming use to a use that
conforms to the requirements of the C-2 District
i
j Slreetscape/landscape improvements (e.g. streetlighting, plantings,
sidewalk improvements, etc.) including but not limited to improving
Complete Streets standards in the vicinity of the new development
or at a location deemed a priority by the Board of Trustees.
New development on existing infill sites that are less than 30 feel
wide.
Payment into a fund to provide for building repairs, landscaping,
and similar measures to improve housing conditions.
Provision of off-street public parking in excess of the parking
requirements for the uses on site and/or provision of public and
municipal access alleyways.
Designation of leasable space building to a cultural use, such as a
museum, galfery, performing art space, theater, etc.
Incorporation of green infrastructure measures (e.g., green roofs,
rain gardens, bio-retention areas, rights of way for renewable
energy, community solar access, etc.).
Incorporation of strategies to support the Climate Smart
Communities program (e.g. EV charging stations, low carbon
thermal energy networks, ground source heating or cooling,
community solar).
Commissioning of public art that is viewable in the public right of
way
Achieve NYS stretch code energy efficiency standards and provide
infrastructure to eliminate on-site fossil fuels combustion.

�§450-122.

Development incentives.

Development incentives that may be granted by special permit are:
i" Existing/Underlying Zoning
! 45 feet (4 stories)

Height
Parking (residential)
Maximum Lot
Coverage

Required Yards and
Open Space

Floor Area Ratio

§450-123.

1 space per unit plus 0.5 spaces per
bedroom
Mixed-Use No maximum coverage, 1.4
FAR
Multi-Family Dwelling: No maximum
coverage, 1.4 FAR
Mixed-Use: None
Multi-Family Dwelling, as in the R-S:
From: 20 feet
Side: 5 feel/15 feet
Rear: 25 feet

~

Development Incentive
55 feet (5 stories) unless otherwise
specified in Overlay Design Guidelines
0.5 space per unit plus 0.25 spaces per
bedroom
Mixed-Use: No maximum coverage, 1.9
FAR
Mulii-Family Dwelling: No maximum
coverage, 1.9 FAR
Mixed-Use: None
Multi-Family Dwelling:
Front: None
Side: None
Rear: 12 feet
Unless otherwise specified in Overlay
Design Guidelines
i 1.9

Amendment of Schedule.

"450 Attachment 1, Village of Sleepy Hollow, Schedule of Regulations" applying to District
C-2, Central Commercial, is amended to read as follows:

�5? spS
I I "i.-

If
Xz

eh?

s

l

l

St
c
•8
i=

s

&lt;3
1
o
'•5
•o
nl i t o

VI

3 S. 3 a v ? tsi

to

1

l l
I

II

1
i l l
aiasbB

9 s
a

£

a
3
B
D
I

1
s
E

! t
&lt;*

S
z

&lt; te

£

E _

i J i
&gt;"7
dO
? S

28

g
f
OS
e
3

s §
If

5

-

|

= «

%i

cljSJQlilLljslg,

*5

II
bz

e

VO

«|3„|

sS

6 B bh
g-s I 1 1 c

i i i i i i i i y i l a i s

a
9&gt; u fi-Sfe.^i'J
J - IS * £- i ^J i=i = c
ilS-Sgi 1 3 I.fissid
I:

I

!
. . 2- R

i

li

3
oi

IN

i &gt;,J
^
-S 3» 5• sJ 5!
4
t
tc

•2

1
ZEE

c
S .Igf
J - - J ZEE
g
e
1u h l l f g l

13
E-

4r
l !
Is

o E
ZEE
oli
ZEE

a l
li H
l&gt; oK 3

i«
5

M

a
? fr
If

3
1
£
1
ee
£t £s

]-

I
£

b

•*,8 8
S* J
a
3 x®^3
oi fc G

3 *

s § &amp;

8

I
I

a a
I&lt;

|

or-

�Section 13. The invalidity of any word, section, clause, paragraph sentence, part, or
provision of this local law shall not affect the validity of any part of this local law which can be
given effect without such invalid part or parts.
Section 14. This Local Law shall take effect immediately upon filing in the Office of
the Secretary of State

{01 l44573.doc.2}

- 13 -

�Lower Beekman Avenue Design Standards Overlay District
Regulations Booklet

{01 l44573.doc.2}

- 14 -

�Building Typologies Permitted in the Overlay District
Residential Porch/Stoop Building Typology
Residential Porch/Stoop Building Typology
Architectural

Design

Standards
AHlwUtai

fog(Bn*|M*dfctc*Jgn —

•GbVWMf'MW)

* Mmm Jofim of i ft
tvftcolto

^^

• MlfwwWh d

.

I

|

/
r

•Mln.d^hrf
nrtdulfltteiv 3 It
tMe^d^rthtf

rtwUoltmlh

* Mtpmobmy fL+mtnm

J

tm/uiaw fi

i t*

*
^"hdan
* Afeuc*&lt;io dwnwi, dwarf W* gotiw

ft
f2 A lw
i*Kol
badtJidto
fidMbBAUk
rco/

McaMion

• Top Joptd tooty. iwit mm
{•&lt;»*, dHM WBIMill)
*
UMfoct,:
:
dm^Hi sadrtgt We.
'04t4*n pdiAvi^fH^ld

l^afHutJdW

Glaring t«vifraTMnt

M
OA
I«taflhsrn
twhW
M*w
fM
WM
irtod&lt;bIw
(W&amp;c©
t
A,

•dUUIgn
. M M M
*
Mm**
• *fcr. irk
Hat. lilt

* 5mA a* J tolavtAi*
MM, ifl
• MB.,
(FT

-to* Itt*

rt» IiIH,

*

*&lt; (VMMHMUI
CHfrfw

Gfwrtd Plan*
fofrm At^vrf mJ tJtWI
lawfmapMff miiw»H|d Uf

( m f m t MtdviMr

lundsccQptn fl
anot
*ei/d &lt;ndidh q cow&amp;wofioe of
din/M. ^nn^tvui I. twd/oi poOmf ffa&amp;t

* shw*
• toWmp^t

•

•

•

•

Porches, stoops and entry porticos
o Semi-public porches, stoops and porticos, elevated above the ground plane,
provide a greater degree of privacy for ground-floor residential uses and help
preserve existing architectural character.
o Porches and stoops may be elevated up to six (6) stair risers within the build-to
zone.
o Porch depth minimum of 6-ft and maximum of 12-ft
Ground plane
o Between the porch and sidewalk, landscaping is encouraged but hardscape as a
continuation of the sidewalk is permissible to allow for retail or dining activity.
Glazing requirement
o Minimum of 50% of the street-level, street facing building area (between T and
12' above the sidewalk) shall be clear, non-reflective glass.
Build-to-zone

{01144573.doc.2}

- 15 -

�o

•

South side of Beekman Avenue: Minimum front yard setback of 5 feet and
maximum front yard setback of 8 feet,
o North side of Beekman Avenue: Minimum front yard setback of 12 feet and
maximum front yard setback of 18 feet,
o Within the build-to-zone, the following edge elements are allowed:
• Raised edge
• Outdoor seating
- Ornamental fence (transparent, not chain link, maximum height of 42")
• Stairs, stoops, and porticos
• Planters and tree pits
• Landscaping
• One half of the total depth of proposed front porch(es), stoops or porticos
o Garage doors, parking areas, drop-off or delivery zones, loading docks, port
cochere, and semi-circular driveways are prohibited within the build-to zone,
o No new sidewalk curb cuts are permissible in the Overlay District except for
vehicular access provisions accommodating public use, emergency vehicle access
or public parking.
Setbacks and Sky Exposure Plane:
o A Sky Exposure Plane is intended to preserve equitable access to light and air to
the front yard and rear yard areas. Massing must meet the following front and rear
setback requirements, which are indicated as height limits:
• 0-ft to 18-ft from sidewalk edge: 36-ft
• 15-ft to 80-ft from sidewalk edge: 55-ft
• 80-ft and greater from sidewalk edge: 25-ft

{01 l44573.doc.2}

- 16 -

�Neighborhood Storefront Building Typology

Neighborhood Storefront Building typology
Architectural

Design

Standards
Hwlmtd Buatfng

HwlnoMIMIrflia
I•nisillilen
moMaMmllt

•MKUtftaPUtH

• Wchum f Wy nmjvmw

dvyW vefi.

• Mtvmfrwttimn.

-LF^riicnfi

o

*-' *TrTn

pM**

irpnmfml

1-tffllflflHiri jQmlMf
•nUMauifr

VtrtM/MKultfkn
• Tap

(w, OWMtfrMtaflft
•MfeM* n l m U n w

natntff dlWfK mt.
' &gt;4n*m• flii l j

loaolfaUl^.
tdoM

Olalns

Ff&amp;tt Ytmi

-Mm&gt; J Ht^itMW.
Mlml&lt;liu«i fWw»&gt;
0* Ml IJ Fl A. .VnWtl

jvAook

•«». lOh
IWU rt» bUdtojm, lb

QnuMMott

^ fflbWt « Ito^aggpt
^•dMga.

• teM^tdSf*
* OtfrfwMUvg
•Vi

LoidKaptag '

- HMf«tpV«h tMftrfMDI
•telJrf
B MMIMMIM df Imf,

^wg* Acre PH prgkbfcd

storefront component definitions and suggested facade elements:
cornice
upper

atory
iVrni.-W9
fcefc course

ir.insca;
dsfMy
»!fUicw

Carat*

KylKW
Unm

si
SfcraecMCoTO
Ktaoi Hatrentl S^iuge tin)

Wert* tj(M fttn
CoUTOH

nswwed

enliy

Manner Per tee

{01144573.doc.2}

- 17-

77 ft

�•

The Neighborhood Storefront Building Typology is permissible at comer lots, street
intersections, or at street terminated vistas only. The Neighborhood Storefront Typology
is prohibited from mid-block areas unless providing a terminated vista to a side street.
• Ground plane
o May be a hardscape continuation of the sidewalk or landscaped (or combination).
• Glazing requirement
o Minimum of 80% of the street-level, street facing building area (between 0' and
12' above the sidewalk) shall be clear, non-reflective glass,
o The storefront fa?ade base panel or kickplate may not be greater than 2-ft in
height.
• Build-to-zone
o Minimum front yard setback of 3 feet and maximum front yard setback of 10 feet,
o Within the build-to-zone, the following edge elements are allowed:
• Raised edge
• Outdoor seating
• Stairs, ADA-compliant ramps, and porticos
• Landscaping is limited to tree pits; planters may not be permanently
installed. Movable planters are encouraged.
• Garage doors, parking areas, drop-off, or delivery zones, loading docks, port cochere, and
semi-circular driveways are prohibited within the build-to zone.
• No new sidewalk curb cuts are permissible in the Overlay District except for vehicular
access provisions accommodating public use, emergency vehicle access or public
parking.
• Setbacks and Sky Exposure Plane:
o A Sky Exposure Plane is intended to preserve equitable access to light and air to
the front yard and rear yard areas. Massing must meet the following front and rear
setback requirements, which are indicated as height limits:
• 0-ft to 18-ft from sidewalk edge: 45-ft
• 15-ft to 80-ft from sidewalk edge: 55-ft
• 80-ft and greater from sidewalk edge: 25-ft

{01144573.doc.2}

�General Design Standards
The following generat design principles are encouraged in the Lower Beekman Avenue Design
Standards Overlay District:

High quftjltyi
and^hltecti

Oft jggjj JHfltlpg

wWeWSlii

•

Landscaping
o Where space permits, front yard areas should include a combination of trees,
shrubs, groundcovers and/or planters utilizing native species. No invasive species
as defined by NYSDEC are permitted,
o All sidewalks, open spaces, and parking areas shall be landscaped and/or paved in
a manner which will harmonize with proposed buildings. Materials for paving,
walls, fences, curbs, benches, etc. shall be attractive, durable, easily maintained,
stormwater permeable, and compatible with the exterior of adjacent buildings.
Brick or cobble stones are encouraged,
o Public sidewalks along Beekman Avenue must be maintained at a minimum of
14-ft width or the width of the condition existing at the date of adoption of this
regulation.

{0U44573.doc.2J

- 19 -

�o

o
o

o

o

The Planning Board may require buffer landscaping, fencing, or other screening
to separate different types of land uses and to screen parking, utility buildings or
structures, refuse collection areas, heating or cooling systems, and other similar
installations and features,
All plants, trees and shrubs shall be installed in accordance with a planting
schedule provided by the developer and approved by the Planning Board,
Curb cuts are banned other than for the provision of rear alleyway access for
public use or emergency vehicle access. If curb cuts, fire zones or other public
street modifications are necessary, cobble or brick aprons must be incorporated as
a street surface treatment,
If feasible and permissible and if obstacles are not present, street tree pits and
approved street trees must be provided at 15-ft increments along the street
frontage.
Stormwater retention tree pits, bioswales, permeable pavement and other green
infrastructure amendments are highly encouraged at all sidewalks, driveways and
parking areas.

Architectural Standards
o Horizontal building modulation
• Maximum width without building modulation: 22 feet
• Minimum depth of modulation: 2 feet
• Maximum depth of modulation: 8 feet
- Minimum width of modulation: 12 feet
- Bays and towers are encouraged
• Building modulations must be proportionate to the overall building facade
o Roofline Modulation is desirable with use of dormers, gables, turrets or other
architectural elements
o Primary entrances are required at the facade facing Beekman Avenue. Building
entrances must be covered by a porch or portico,
o At corner lots, the primary building entrance should be located at the corner of the
property at a 45-degree to Beekman Avenue and set back a minimum of 5 feet
from the corner sidewalk edge,
o Flat roofs or roofs with a horizontal eave, fascia, or parapet
• Change roofline so that no unmodulated segment exceeds 22 feet
• Minimum vertical dimension of roofline modulation: 2 feet
- Parapet pediments or other traditional architectural features are
encouraged
• Flat roofs must visually suggest a cornice at the eave, fascia, or parapet.
Architrave, frieze, and cornice molding including brackets, corbels and
dental molding is recommended.
o Gabled, hipped, or shed roofs
• Minimum slope of 5 feet vertical to 12 feet horizontal if facade includes a
pediment

{01144573.doc.2}

- 20 -

�•

Minimum slope of 12 feet vertical to 12 feet horizontal if facade includes
a gable roof
o Mansard roofs
• Minimum slope of 12 feet vertical to 3 feet horizontal
• Convex, concave, and complex mansard roofs are encouraged.
• Mansard roofs must contain a cornice or curbs below and above the
mansard roof
o Dormers
• Dormers must be vertically oriented, unless the dormer is a shed or squint
dormer, and meet the rectangular ratio requirements indicated in the
Fenestration requirements in this section.
q Widow's Walks, Cupolas, Bulkhead or Crow's Nests
• A vertical architectural projection or enclosure to provide roof access is
permissible above building height limits if the enclosure is less than 10-ft
in height and is no more than 8-ft wide in any direction containing not
more than 65 square feet of occupiable space. Ornamental roof typologies
are recommended, and enclosures must contain a minimum of 70%
glazing. Flagpoles or finials are encouraged. No enclosure may be within
30-ft of another enclosure.
o Building articulation
• Some combination of the following design elements should be included in
a rhythm or pattern that complements the horizontal modulation and
roofline modulation:
• Repeating distinctive window patterns
• Balcon ies or bay windows
• Alternating dormers, stepped roofs, gables, or other roof elements
including turrets, towers, campanile, etc.
• Varying materials and textures
• Vertical articulation
• Top: sloped roofs, strong eave lines, cornice treatments, etc.
• Middle: windows, balconies, materials changes, railings, etc.
• Bottom: pedestrian-oriented front of the building, pedestrian-scale
building details and awnings.
o Materials
• High-quality, durable materials
• Masonry, including brick and stone
• Realistic cast stone or tile
- Wood or cementitious (hardiplank or equivalent)
• Vinyl, metal panels, or other artificial siding materials are highly
discouraged along street frontages and public ways
- Other materials subject to approval by the planning board

{01144573.doc.2}

- 21 -

�The following roof and dormer typologies and features are encouraged within the Overlay
District:

GENERAL ROOFING TERMS
•MMIMLNIUMAtlOtULUIKJinai ItCIWOlfiM,JJC.MM

SHKFT PCNT OR T FAN TO ROOF

|

I

'MANSARD ROOF

VCNTIIATOR

OGEE ROOF

/

L.

\

SEMICIRCULAR DOME

SEMICIRCULAR OR.
8AR.FU0. ROC*

ailPSOfOAL DOME
SEGMENTED DOME

DORMTR

BELL
DOMF.

I IIP AND VAU J.V ROOF

CRFCIAN PITCH

ROMAN PITCH
LLUABUHANNICH

EVtOROW DORMER

{01144573.doc.2}

A

£

COTHIC PFTCH

�o

o
o

{0I144573.doc.2J

Fenestration
• Height to width ratio of single openings and group openings
proportionally scaled to the wall. The following width:height ratios are
encouraged:
• Ground Floor: 1:2.236
• Floor 2: 1:2.36
• Floors 3 and above: 1:1.618
" All windows on floors 2 and above must be the same width, unless part of
a bay window, facade projection or other architectural feature.
• The following window height to wall height relationships are highly
encouraged:
• Ground Floor: 80% minimum and 95% maximum of wall height
• Floors 2 to 3: 50% minimum to 70% maximum of wall height
• Floors 4 and above: 33% minimum to 50% maximum of wall
height
• Door and window details and trim suitably scaled to the wall.
• On floors other than the ground floor, reduce large expanses of glass used
in windows and doors to smaller component windows reminiscent of
traditional main street vernacular architecture. Horizontally oriented bands
of glazing are discouraged.
" Avoid grouped windows.
• On floors other than the ground floor, windows and doors must be equally
and symmetrically distributed horizontally across flat facades.
• Blank walls are discouraged along any exterior wall facing a street,
parking area, or sidewalk.
• Visible lintels or crossheads are encouraged
Signage
• Signage plan shall be provided as part of site plan review,
Parking Structures
- Parking structures facing the street should be architecturally integrated in
the building or located behind a liner building to screen the structure from
public view.
- Design of parking structures should focus on screening views of cars at the
street level.
• Parking shall be prohibited at the street level within 40 feet of the
sidewalk edge so that an active use faces the street on the ground floor.
- Parking access, ramps, or entrances and exits must be screened from
public view and articulated with an archway or otherwise architecturally
compelling portal elements.

-23 i

�Recommended architectural styles include Italianate, Second Empire, Romanesque Revival
Federal, Greek Revival, Half-timbered, Carpenter Gothic, Stick, Queen Anne, or other Hudson
Valley vernacular styles of the Victorian period and serve as a visual reference for permissible
architectural designs within the Lower Beekman Overlay District. Example images of acceptable
architectural styles, elements and encouraged architectural features are included herein:

{01 l44573.doc.2}

- 24 -

�projecting bays
and lowers
lintals

lail decorative chimnoy*
towers, bays project up
(iom root and Out from entry
to create complex taeade
and my turn along si/eet

ereslmg
slate root
dormer
in douWe hung wind.

decorative pressed (Kick
« terra cotta panels
round-headed window
often soon
buck detailing and
sir ngcourses in high relict
paired doors and
windows often Men

siring course
koysiono

transom over entry do
fc'ten paired doors:
hiQhfy textured turlac
Often mixing brick
and sione

low hippvd (01 ttat; &lt;oot
aSyrnmnlnat mail ng
and taeade
pdiiod windows and
rpund-hoadod window)
ate a hallmark of ihts
styte

deep protecting cot o
ornalo wood brackglj
ir&lt;ue
brsckeied hoods ov«i
windows and doors
Urge 2/2 double hung
windows olta'lnarrow
proportions
se«n in buck. frame
oi itucco

protecting woodon onlry
piych wilh decorative
carved and tumoe
brackets ondoosii

{01144573.doc.2}

pared woodendooii
wilh a glass Hansom

- 25 -

�Rwnnguler

tftnwm

RBGQIAR FENESTRATION
GABLE ROOF
PROMINENT CHSQ0SY6

&amp;

S

BLINDS/SHUTTERS
6/6 SASH
PORTICO
PAKLISHT—
SIDELIGHTS
COLOMNS*—

{01 l44573.doc.2}

- 26 -

�GABLE BHD TO STREET
REGULAR PBHBSTRATIO&amp;
WIDE FRI5ZB
PARKED PILASTER
FLU8HB0ARDIKG
OFF-CEWTER ENTRANCE
EHTABIAXURB
TRANSOM
SIDE LIGHTS

OVERALL V88TZCAUTV
CUPOLA
MING OR ELL
SHALLOW ROOP PITCH
ROUND ARCHED WIHDOH
OVBRHANGUQKS EAVES
DBCORATZVE BRACKETS
WINDOW HOOD
PAIRED WXtEDOWS

WINDOW BAY
SIDE ENTRANCES
AND PORCHES

{01144573,doc.2}

. 27,

�BARSEBOASD

SWISS CUT-OCT
DgTRILING -

VERTICAL BOARDING
SAWM-gDGB
•
WINDOW HOOD ••...„,BULL'S-EYE MOOT STICK N081C FRAMING
CROSS BUCK ——.

ENTRANCE HOOT
BRACXSTIH6 ————

DECORATIVE SLATS
BELLCAST HANSARD ROOF
CORNERS
•" . .
DEEP-SET SAVES
PAIRED BRACKETS
2/2 SASH

BRACKBTED HXNDO
PORTICO
PAIRED DOORS-

{01144573.doc,2}

-28-

�STEPPED CORBEL 1ABZS
GROUPED ROMANESQUE ARCHES

SEGMENTAL ARCH"
STRING OOURBB
—
DECORATIVE BRXGKNORK
GOTHIC AHCB —

COLONNADE
I f£i*£S J

I 2SSsK 1 = I

W i m t

IRREGULAR MASSING
OONPLBX ROOFLINE
DBOORATIVE CHIMNEY

SHALL SQUARE
UPPER PANES
MASTIC PANEL
DIAMOND PAMED
WINDOW

ORIEL WINDOW
MOLTI- SURFACING
MATERIALS
HALF-TIMBERING
SBWGLBS
CLAPBOARDS —
TURRET OR TONER.
PORCH BALUSTRADE
TURNED BPIMPLBS H-1 •• " f n 1 !
ypfir^a

{01144573.doc.2}

-

29 -

�EXHIBIT #2
December 12, 2021
Marjorie Hsu
Chair, Planning Board
Village of Sleepy Hollow
re: 135 Beekman Ave Public Hearing -- Substantive Comments
Dear Chairperson Hsu:
I am excited someone is working to build 14 new apartments in Sleepy Hollow. Even better, they are
proposing some wheelchair accessible units. A few small changes can make big improvements for people
living in the building and for people walking by it.
Make the main entrance barrier free by eliminating the steps (shown in rendering "R-002" in the 10/7/21 PDF).
People using mobility aids should have direct access to the building, rather than be relegated to a back door.
The driveway needs to be 1 lane wide by the sidewalk. This is important for the safety and comfort of people
walking.
Center the driveway between the western building edge and western property line. Doing so maximizes sight
lines between people driving and walking.
The 10 feet of the driveway closest to the sidewalk should have very short plantings, and no fence along the
property line in that zone. This helps ensure visibility between people driving and walking (especially
children).
The sidewalk needs to maintain its cross slope at the driveway. This maintains mobility for people using
wheelchairs, etc, to travel east/west on Beekman Ave's sidewalk. Thus, the curb cut for the driveway needs to
be as short as possible, like the drop curb shown in drawing C-001.00 in the 10/7/21 PDF.
Bike parking: The racks in the back of the building need to be
sheltered from the rain, snow and sun. It will be good to have at
least one ground level bike parking space for each apartment.
The best functioning racks are "inverted u" or "staple" shaped.
Rack spacing specifications are provided in the graphic on the
right. The racks should be at driveway level, so people can roll to
the racks without having to lift their bikes. At least one rack
should be added to the sidewalk for guests and deliveries.
Car parking: The following is a comment on the Village's zoning
code. The 135 Beekman Ave project is a car parking lot with
some places to sleep attached to it. It is absurd that we require 27 car parking spaces for a 14 unit apartment
building. This reminds me of the adage "You'll never be homeless in America... if you're a car." Sleepy Hollow
desperately needs to eliminate car parking minimums.
Sincerely,
Daniel Convissor
26 Maple St

�December 16, 2021
Marjorie Hsu
Chair, Planning Board
Village of Sleepy Hollow

Please find below my testimony to be read aloud at 135 Beekman Ave Public Hearing December 16, 2021.
I ask that this testimony be read aloud, because I do not feel it is safe for me, at the age of 84, to come into
Village Hall to testify in person in the midst of rapidly rising numbers of breakthrough cases in Westchester
County, in the Village of Sleepy Hollow and at Kendal-on-Hudson. I know written testimony is normally not
read aloud in public, but with no hybrid option to testify on zoom or webex, I think it is only fair to allow for
my perspective to be read aloud, instead of just being included in the official records of comments, which few
will ever read.
I write to object to the Planning Board's determination that the current plan for 135 Beekman does
not require a variance.
After hearing another resident read the relevant passages from the newly adopted Village Zoning
Code for lower Beekman Avenue at the November 18 th Public Hearing, I reviewed the code and have
concluded that the building plan that was presented clearly does not meet the requirements of the
new code.
The plan shows the height of the building at 45 feet, going back in one solid block to approximately
135 feet from the sidewalk. This does not meet the requirement in the new code for a height stepdown to 25 feet, starting 80 feet from the sidewalk edge.
It is clear that this requirement is applicable to the proposed building. Section 450-107 states: "All
projects within the LBADS Overlay District shall comply with the regulations set forth in the
underlying zoning except to the extent of regulations set forth in the annexed 'Lower Beekman
Avenue Design Standards Overlay District Regulations Booklet.'"
And looking at the "Regulations Booklet", both "Residential" and "Storefront" building heights are
governed by the same "height limits", based on the distance from the sidewalk edge. The regulations
read: "80-ft and greater from sidewalk edge: 25-ft." No exceptions are allowed within the code.
On this basis, it seems clear to me that this building, as proposed, would require a height variance
from the Zoning Board before approval by the Planning Board.
Because there appears to be no option for me to testify from home on zoom, I urge you to have someone read
this testimony aloud at the Public Hearing this evening. With Covid breakthrough cases rising so rapidly, I
cannot afford to risk a trip to a crowded hearing in Village Hall, especially with the danger of carrying the
infection back to my community of elders here at Kendal.
Thank you for your consideration.
Anne White, 3301 Kendal Way, Sleepy Hollow, NY 10591

�</text>
                </elementText>
              </elementTextContainer>
            </element>
          </elementContainer>
        </elementSet>
      </elementSetContainer>
    </file>
  </fileContainer>
  <collection collectionId="162">
    <elementSetContainer>
      <elementSet elementSetId="1">
        <name>Dublin Core</name>
        <description>The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.</description>
        <elementContainer>
          <element elementId="50">
            <name>Title</name>
            <description>A name given to the resource</description>
            <elementTextContainer>
              <elementText elementTextId="14865">
                <text>Planning Board Minutes &amp; Resolutions-2021</text>
              </elementText>
            </elementTextContainer>
          </element>
        </elementContainer>
      </elementSet>
    </elementSetContainer>
  </collection>
  <itemType itemTypeId="1">
    <name>Text</name>
    <description>A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.</description>
  </itemType>
  <elementSetContainer>
    <elementSet elementSetId="1">
      <name>Dublin Core</name>
      <description>The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.</description>
      <elementContainer>
        <element elementId="50">
          <name>Title</name>
          <description>A name given to the resource</description>
          <elementTextContainer>
            <elementText elementTextId="12303">
              <text>MINS_PLAN_2021-12-16-Approved-Planning-Board-Minutes</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="49">
          <name>Subject</name>
          <description>The topic of the resource</description>
          <elementTextContainer>
            <elementText elementTextId="12304">
              <text>Planning Board Minutes &amp; Resolutions-2021</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="40">
          <name>Date</name>
          <description>A point or period of time associated with an event in the lifecycle of the resource</description>
          <elementTextContainer>
            <elementText elementTextId="12305">
              <text>2021</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="47">
          <name>Rights</name>
          <description>Information about rights held in and over the resource</description>
          <elementTextContainer>
            <elementText elementTextId="12306">
              <text>Village of Sleepy Hollow All Rights Reserved.</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="51">
          <name>Type</name>
          <description>The nature or genre of the resource</description>
          <elementTextContainer>
            <elementText elementTextId="12307">
              <text>Text</text>
            </elementText>
          </elementTextContainer>
        </element>
      </elementContainer>
    </elementSet>
  </elementSetContainer>
</item>
