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                  <text>Village of Sleepy Hollow
Planning Board Minutes
March 18, 2021
The regular meeting was held via Zoom webinar and called to order at 7:00 PM by Chairperson
Marjorie Hsu. Residents could not attend in person due to the COVID- 19 pandemic, but could
participate by phone and video conferencing. The Board members and the applicants
participated by videoconferencing.
Present:

Marjorie Hsu, Chairperson
Kersten Harries
Ed McCarthy
Matthew Brennan
Thomas Andruss

Also Present:

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

Absent:

Lindsay Krakauer
Eric Carney

Agenda:
1) GTY NY Leasing Inc., 215 North Broadway, Amended site plan- Continued public
hearing, pending ZBA approval
2) Ivan and Sonia Vukusic, 143 Webber Avenue, Subdivision, preliminary plat Continued public hearing, pending ZBA approval
3) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
199 Beekman Avenue, Block-A proposed retail space, site plan approval - Continued
public hearing
4) LL Parcel E, LLC, Edge-on-Hudson Riverfront Development, Block-E, amended site
plan approval- Preliminary presenation
5) Edward Dandridge and Karen Perkins, 7 Birch Close, Proposed additions and
alterations, Wetlands/Watercourse permit - Public hearing
6) Gregg Moskowitz, 650 Riverside Drive, proposed pool, site plan approval,
Wetlands/Watercourse permit - Preliminary presentation
7) Edward Dandridge and Karen Perkins, 7 Birch Close, Proposed additions and
alterations, Wetlands/Watercourse Permit - Preliminary presentation
8) 14 Clinton Street LLC, 14 Clinton Street, proposed two-family residence - Preliminary
presentation
9) Approval of minutes - February 18, 2021
1

(3/18/21)

�Chairperson Hsu read the following statement:
Tonight's meeting and work session is being convened in accordance with the
Governor's Executive Order Number 202.1 issued March 13, 2020 which suspends
certain provisions of the New York State Open Meetings Law to allow a municipal board
to convene a meeting via videoconferencing. In accordance with the Executive order,
the public has been provided with the ability to view tonight's meeting and a transcript
will be provided at a later date. I have also confirmed with our Village Clerk that this
meeting has been duly noticed by posting a notice on the Villages' bulletin boards, faxing
a copy to the Warner Library, faxing a copy to the Journal News and the Hudson
Independent newspapers, posting a copy on the Village's website, and listing it on the
Villages' Facebook page.
Chairperson Hsu polled the Board members for attendance. Chairperson Hsu read the agenda.
1. GTY NY Leasing Inc. 215 North Broadway, Amended site plan - Continued public
hearing, Pending ZBA approval
Motion was made to open the public hearing.
Moved: Chairperson Hsu

Seconded: McCarthy

Vote 5-0

Chairperson Hsu solicited comments from the public.
There were no comments from the public.
Sean McCarthy stated that the applicant appeared before the Zoning Board of Appeals at last
night's meeting and is planning on submitting a revised application at the April 21, 2021 Zoning
Board meeting.
Motion was made to adjourn the public hearing to the April 22, 2021 meeting.
Moved: Chairperson Hsu
Seconded: Harries

Vote 5-0

2. Ivan and Sonia Vukusic, 143 Webber Avenue, Subdivision, preliminary platcontinued public hearing, pending ZBA approval
Motion was made to open the public hearing.
Moved: Chairperson Hsu
Seconded: Harries

Vote 5-0

Michael Stein is the President of Hudson Engineering &amp; Consulting, P.E. and stated that the
Zoning Board of Appeals requested some additional documents at last night's meeting. Mr.
Stein requested an adjournment to the May meeting. Mr. Stein stated that they received the
Wetlands report for the neighboring property.
Chairperson Hsu solicited comments from the public.
There were no comments from the public.
2

(3/18/21)

�Motion was made to adjourn the public hearing to the May 20, 2021 meeting.
Moved: Chairperson Hsu
Seconded: McCarthy

Vote 5-0

3. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199
Beekman Avenue, Block-A proposed retail space, Site plan approval- Continued public
hearing
Motion was made to open the continued public hearing.
Moved: Chairperson Hsu
Seconded: Harries

Vote 5-0

Andrew Tung is an associate with Divney Tung Schwalbe LLP representing the applicant. Mr.
Tung stated that updated architectural exhibits, prepared by Lucio DiLeo from Studio, and partial
site plans have been submitted to address the discussions from the February Planning Board
meeting. Mr. Tung presented the revised partial plans to demonstrate that the previously shown
9,200 square foot North Retail building is now shown as a grassed fenced-in area for future
development. A dropped curb will be temporarily installed in lieu of the proposed parking
spaces. The enclosed refuse area will be eliminated until the North Retail building space is
developed and approved. The on-street loading space will be removed and the Market Retail
building will share the three-bay loading dock with the DeCicco &amp; Sons Market. They propose
to add a flat top wall at the corner of Legend Drive and Lighthouse Landing to provide a resting
area within the planting area along the walkway to the main entry of the DeCicco &amp; Sons
Market.
Jonathan Stein is a Managing Member of Diversified Realty Advisors, LLC and asked Andrew
Tung to address Sean McCarthy's concerns regarding the sidewalk connection.
Andrew Tung stated that they can adjust the sidewalk connection so that it continues along the
curb and relocate the tree that has been planted.
Chairperson Hsu solicited comments from the Board and the public.
Jared Rodriguez is the owner of 13 Kendall Avenue and questioned why it was decided not to
have an active fa9ade at this corner and if pedestrians would be better served to have an entry at
this location.
Peter Chavkin is a Managing Partner of Biddle Real Estate Ventures and stated that the
DeCicco's &amp; Son's market can only have one entry to operate effectively and the entrance was
determined by the layout of the store.
David Smith asked if there will be an entry at the Beer Garden area of DeCicco's.
John DeCicco stated that they have not developed final plans for a second entry point to the
store.

3

(3/18/21)

�Discussion ensued on the pedestrian use of Beekman Avenue and the entry location for the
DeCicco's &amp; Sons Market building.
Chairperson Hsu stated that a draft resolution has been shared with the applicant and asked
David Smith to read the draft resolution.
David Smith stated that a draft resolution was circulated with the Planning Board and the
applicants yesterday. The applicant provided requests for minor revisions to reflect the
discussions from tonight and also the additional materials that were presented at the last meeting
that were formally submitted for the record.
Motion was made to close the public hearing.
Moved: Chairperson Hsu
Seconded: Andruss

Vote 6-0

Motion was made to adopt the draft resolution.
Moved: Chairperson Hsu
Seconded: Brennan
Chairperson Hsu - yes
Kersten Harries - yes
Ed McCarthy - yes
Matthew Brennan - yes
Thomas Andruss - yes
Vote 5-0

APPROVED

4. LL Parcel, E LLC, Edge-on-Hudson Riverfront Development, Block-E, Amended site
plan -Preliminary presentation
Andrew Tung is an associate with Divney Tung Schwalbe LLP representing the applicant. Mr.
Tung stated that the application does not propose any changes to the buildings or the parking and
circulation. Mr. Tung shared comparison site plans and stated that there are three types of
proposed changes around the perimeter of the site. It is proposed to remove the formally
approved planting strips at the frontage ground floor units of Building E-1 and the units facing
Tap Zee Park of Building E-3 and replace them with the construction of ground floor patios. It is
also proposed to remove the Washington walls at two areas of the perimeter of the buildings to
allow for service access of a Con Edison transformer and other utilities and replace them with
evergreen hedges. Con Edison has required them to install the gas meters on the outside of the
buildings. Each building has between 14-17 units. The application proposes to construct an
extension within each building wall to create an alcove for the gas meters to be mounted as per
the required space clearances and conceal them from view.
Andrew Tung shared an exhibit and provided details of the construction of the proposed ground
floor patios. Mr. Tung shared an exhibit and provide details of the construction of the proposed
gas meter alcoves for each of the Block-E buildings.
Chairperson Hsu asked Andrew Tung what was planned in the alcove spaces previously.

4

(3/18/21)

�Andrew Tung stated that planting or paved areas were previously approved in the proposed
alcove spaces.
Chairperson Hsu asked if the building features for heat and cooking are gas fueled.
Robert Dowd is the Assistant Vice President from Toll Brothers Inc. and stated that all the
heating and cooking utilities for the Block-E units are gas fueled.
Chairperson Hsu asked Robert Dowd if any considerations were made to avoid gas consumption
for the buildings.
Robert Dowd stated that they completed a gas consumption analysis with Con-Edison for all the
proposed appliances in the buildings and they provided them with the gas meter sizes required.
Mr. Dowd stated that buyers don't seem interested in using alternative energy sources for
cooking
Chairperson Hsu asked when they expect to receive the sign offs for the gas meter installation.
Robert Down stated that Con-Edison had structural concerns regarding the wall that the meters
are proposed to be mounted on and requested additional documentation. They expect to have a
decisions within the next week or so.
Jared Rodriques lives at 13 Kendall Avenue and asked if there are concerns that gas condos may
have difficulty as New York State bans the use of gas via the Climate Leadership and
Community Preservation Act over the next fifteen years.
Discussion ensued on the details on the Climate Leadership and Community Preservation Act
and to how it may affect homeowners in the future.
Andrew Tung shared details and explained where the Washington walls are proposed to be
removed and where the evergreen hedges will be planted.
Patricia Booker from KTGY Architecture Planning provided details for the proposed heating
systems for the Block-E buildings
Andrew Tung stated that they will provide details for the patio drainage as requested by James
Natarelli.
Andrew Tung requested that the Planning Board consider approving the amended site plan
application at tonight's meeting without requiring a public hearing.
Chairperson Hsu solicited comments from Sean McCarthy.
Sean McCarthy stated that a public hearing is not necessary for this application.
Chairperson Hsu asked for an estimated completed construction date.
5

(3/18/21)

�Robert Dowd stated that they are behind schedule but anticipate finishing the buildings by June
or July pending Con-Ed approval.
Kersten Harries asked for the sale updates on the E-Buildings.
Robert Dowd stated the Buildings E-1 and E-2 have been sold and they have not opened
Building E-3 for sale yet but they have a waiting list and they don't want to overpromise on
delivery dates.
Clinton Smith stated that if the Board is ready to act tonight, he can frame a resolution tonight
subject to Con-Edison approval of the gas meters.
David Smith stated that the piping to the street for the patios as specified in James Natarelli's
should be included as a condition in the resolution.
Motion was made to adopt the resolution as described by the Village Attorney and the Village
Planner.
Moved: Chairperson Hsu
Seconded: Andruss
Chairperson Hsu - yes
Kersten Harries - yes
Ed McCarthy - yes
Matthew Brennan - yes
Thomas Andruss - yes
Vote 5-0

APPROVED

5. Edward Dandridge and Karen Perkins, 7 Birch Close, Proposed additions and
alterations, Wetlands/Watercourse permit - Public hearing
Motion was made to open the public hearing.
Moved: Chairperson Hsu
Seconded: Andruss

Vote 5-0

Mitchell Koch is the architect representing the applicant. Mr. Koch stated that they have
submitted a mitigation plan, lighting and finishes specifications and that Hudson Engineering has
completed site testing that indicates that not as many drywells as were anticipated.
Beth Evans is a wetlands scientist representing the applicant and stated they she has prepared a
planting plan that will re capture a portion of the wetlands buffer with native plantings and
provide an enhanced buffer habitat between the proposed deck, house, and the seat bluff with
approximately 2,500 square feet of plantings for where there is currently a bluestone patio or
lawn.
Chairperson Hsu asked Mitchell Koch if the applicant has confirmed the materials and colors for
the proposed deck and additions.
Mitchell Koch shared the Hardie Plank &amp; Panel colors sample sheet and the proposed elevations
and described the proposed materials and colors for siding, decking and window trim.
6

(3/18/21)

�Michael Stein is the Principle of Hudson Engineering representing the applicant and stated they
completed the test pits in the rear of the property to a depth over eight feet and had a percolation
rate of over sixty inches per hour. They have modified the stormwater mitigation plan and design
based on the results. James Natarelli requested that they add hoods for water quality on the inlets
and to provide details for the front covered porch of the side addition
James Natarelli stated that he is requesting for it to be shown how the runoff from the roofed
areas will be handled; if they will be collected in gutters and downspouts; and if they will be
connected to the existing system or planned to be handled differently. He witnessed the perk tests
and is confident that the percolation rates can handle the drywells. He would like confirmation
on how the roofed areas will be handled to minimize erosion.
Chairperson solicited comments from the public.
There were no comments from the public.
Chairperson Hsu asked David Smith to read the conditions of the draft resolution.
Motion was made to close the public hearing.
Moved: Chairperson Hsu
Seconded: Brennan

Vote 5-0

Motion was made to adopt the draft resolution.
Moved: Chairperson Hsu
Seconded: Harries
Chairperson Hsu - yes
Kersten Harries - yes
Ed McCarthy - yes
Matthew Brennan - yes
Thomas Andruss - yes
Vote 5-0

APPROVED

6. Gregg Moskowitz, 650 Riverside Drive, Proposed pool, Site plan Wetlands/Watercourse
Permit- Preliminary presentation
Ralph Peragine is the Senior Project Manager for Provident Design Engineering representing the
applicant and stated that the applicant is seeking approval for a Site Plan, Floodplain Permit and
a Wetlands/Watercourse Permit. Mr. Peragine shared the site plan and stated that the application
proposes to construct an outdoor family pool at the rear of the property and as close to the house
as possible to minimize impacts to the Wetlands buffer and the FEMA Floodplain line. Mr.
Peragine described the proposed pool deck, patio, retaining wall, and fence included in the
project. Mr. Peragine stated that he received James Natarelli's comments and that they will
provide the 100 year storm design reports and mitigation plans after they have performed the
infiltration and percolation tests. Drainage from the pool deck is proposed to go into a recharger
system with an overflow and discharge into an existing stream. In response to comments
received from David Smith, the plantings have been amended to include native species and
details of the fencing will be provided.
7

(3/18/21)

�Chairperson Hsu asked Ralph Peragine to provide details for the required Floodplain
Development Prevention Permit.
Ralph Peragine explained the details for the portion of the property that falls within the flood
zoning boundary and requires a Floodplain Development Prevention Permit.
James Natarelli stated that the Floodplain Development Prevention Permit requires an analysis to
be completed as per the Village Code.
Chairperson Hsu asked Ralph Peragine if they could have required submissions ready for the
next meeting.
Ralph Peragine requested the submission deadline date for the next meeting.
Sean McCarthy stated that the deadline submission date for the April 22, 2021 meeting is April
8, 2021.
Motion was made to schedule a public hearing for the April 22, 2021 meeting.
Moved: Harries
Seconded: Chairperson Hsu

Vote 5-0

7. 14 Clinton Street LLC, 14 Clinton Street, Proposed two-family residence
Dena Fellner Alto is the Project Manager and one of the investors. Ms. Alto stated that they
owned the property prior to the fire and that they were in the process of completing plans for a
renovation of the existing two-family house before the fire. A variance was previously granted to
allow the house to be a two-family in the C-2 Zoning District. The proposed two car garage will
be underneath the house
Kersten Harries stated that a two-family residence is a permitted use in the C-2 Zoning District.
The variance that would be required is related to the minimum lot requirements within the setbacks
Yahaira Volquez Columbo is the architect representing the applicant and stated that they are not
seeking to increase the existing non-conformities of the property and that little can be done about
the existing conditions of the property.
Discussion ensued on options for the proposed plan in relation to what previously existed and
what is proposed for a new two-family residence within the existing lot width.
Chairperson Hsu stated that a referral to the Zoning Board of Appeals will be required to work
out the existing non-conformities of the property lot.
Chairperson Hsu suggested that the architect provide a rendering of the proposed two-family
residence in relation to the neighboring properties.

8

(3/18/21)

�Sean McCarthy suggested that the applicants should work on the design components to fit in the
existing character of the neighborhood. There are provisions in the Village Code that would
allow the project to move forward without a variance in order to align the proposed structure
with the adjacent building. There are opportunities to modify the plan that may not fully comply
with the strict regulations of the Zoning Code but may provide a better plan for the
neighborhood.
Chairperson Hsu solicited suggestions from Sean McCarthy on how to proceed to the next steps.
Sean McCarthy stated the application can remain the agenda to see if improvements can be made
before the next meeting. A referral to the Zoning Board of Appeals should wait until schematics
are more finalized.
Suggestions were received from the Board for ways to modify their existing plan to better fit
within the character of the neighborhood.
The application was adjourned to the April 22, 2021 meeting.
8. Approval of minutes- February 18, 2021
Motion was made to approve the February 18, 2021 minutes.
Moved: Harries
Seconded: Chairperson Hsu
Chairperson Hsu - yes
Kersten Harries - yes
Thomas Andruss - yes
Ed McCarthy - yes
Matthew Brennan -yes
Vote 5-0

APPROVED

Motion was made to adjourn the meeting at 9:10 PM.
Moved: Chairperson Hsu
Seconded: Brennan
Respectfully submitted,
PajweJaA^L&amp;M
Pamela Kroll
Secretary to the Planning Board

9

(3/18/21)

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