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                  <text>Village of Sleepy Hollow
Planning Board Minutes
November 19, 2020
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 and the applicants participated by
videoconferencing.
Present:

Marjorie Hsu, Chairperson
Erin Carney
Kersten Harries
Matthew Brennan
Tom Andruss
Ed McCarthy
Lindsay Krakauer

Also Present:

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

Absent:

Pamela Kroll, Secretary to the Planning Board

Agenda:
1) Jonathan Villani, 30 Andrews Lane, Proposed townhome development- Draft resolution
2) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
199 Beekman Avenue, Phase III, preliminary subdivision plat and Block- O/P partial site
plan approval- Continued public hearing
3) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
199 Beekman Avenue, Block-A proposed retail space, site plan approval - Preliminary
presentation
4) Sleepy Hollow Associates, LLC, 45-49 Beekman Avenue, Change of use - Preliminary
presentation
5) GTY NY Leasing Inc., 215 North Broadway, Amended site plan- Continued public
hearing, pending ZBA approval
6) Ivan and Sonia Vukusic, 143 Webber Avenue, Proposed subdivision, preliminary plat Continued public hearing, pending ZBA approval
7) Approval of minutes - October 22, 2020
Chairperson Hsu read the following statement:
1

(11/19/20)

�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. Jonathan Villani, 30 Andrews Lane, Proposed townhome development -Draft
resolution
Jonathan Villani is the Design Consultant from Annuziata &amp; Villani Design Consultants, Inc.
representing the owner of 30 Andrews Lane. Mr. Villani stated that since the last meeting he has
met with Sean McCarthy and the owner to discuss the proposed revisions to the elevations
drawings. Revised elevations drawings for Building A and Building B have been submitted to
the Planning Board for their review.
Chairperson Hsu asked David Smith to read the highlights of the draft resolution.
David Smith read the resolve clauses and the conditions of the draft resolution.
Motion was made to approve the resolution.
Moved: Brennan
Seconded: Krakauer
Chairperson Hsu - yes
Kersten Harries - yes
Thomas Andruss - yes
Erin Carney - yes
Matthew Brennan - yes
Ed McCarthy - yes
Lindsay Krakauer- yes
Vote 7-0

APPROVED

2. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
199 Beekman Avenue, Phase III, preliminary subdivision plat and Block O/P partial site
plan approval - Continued public hearing
Motion was made to reopen the public hearing.
Moved: Chairperson Hsu
Seconded: McCarthy

2

Vote 7-0

(11/19/20)

�Andrew Tung is an associate of Divney Tung Schwalbe LLP representing the applicant. Mr.
Tung shared a site plan drawing and stated that the applicant is seeking preliminary subdivision
and partial site plan approval to construct 20 townhome units at Block O/P. As requested by the
Planning Board at the October 22, 2020 meeting, they have submitted a more detailed concept
plan for the balance of the proposed development of Block O/P. Mr. Tung shared an illustrative
plan and described the conceptual layout for the units and the interior roadways for the balance
of Block O/P. Mr. Tung stated that the applicant is considering four different unit widths and
building heights of which will be confirmed in future site plan applications.
David Smith stated that the conceptual layout configurations for the open space will need to be
considered by the Planning Board during the subsequent submissions.
Andrew Tung stated that the conceptual plan does not represent the final layout and expects that
the Planning Board and the consultants will fully review the subsequent applications in the same
manner.
Andrew Tung shared an overlay of the concept plan highlighting the locations of the proposed 20
townhome units and stated that a temporary connector drive will be constructed behind the future
permanent roadway to provide access to the townhomes for emergency vehicles and residents.
Matthew Brennan asked Andrew Tung how long they anticipate the need for the temporary
connector to be in place.
Andrew Tung stated that the construction completion of the future townhomes is based on the
market and the site plan approval of the balance of Block O/P, so he is unable to estimate when
the need for the temporary connector will be eliminated.
Peter Chavkin is the Managing Partner of Biddle Real Estate Ventures and stated he is hopeful
that they will not need to put in the temporary connector drive because they will submit site plan
applications for the balance of Block O/P and receive site plan approval for the permanent alley
ways from the Planning Board before the infrastructure construction work is started.
Andrew Tung shared an exhibit drawing and stated that the applicant has submitted an
application to the Zoning Board of Appeals for a height variance for three units along Legend
Drive for approval to increase the maximum permitted building height from 42 feet to a
maximum of 48 feet. Andrew Tung summarized the past applications and approvals that were
granted height variances for the Edge-on-Hudson Riverfront development.
Chairperson Hsu solicited comments from the public.
There were no comments from the public.
Chairperson Hsu asked Andrew Tung if there are further developments for the architectural
designs for the fa9ades.

3

(11/19/20)

�Andrew Tung stated that the architectural designs for the facades will remain consistent with
what was presented at the last meeting by the architects from KTGY Architecture and Planning
and Toll Brothers.
Chairperson Hsu stated that as required by the Code, the roadway angle needs to be adjusted to
be 90 degrees where Sleepers Haven turns off of Palisades Boulevard.
Andrew Tung stated that they will review the code and adjust the plan accordingly.
Chairperson Hsu solicited comments from the Planning Board.
David Smith stated that the applicant has a pending application with the Zoning Board of
Appeals and that typically the Planning Board waits for their decision, and then the applicant
returns to the Planning Board for their approval.
Mark P. Weingarten, Esq. is a partner in the law firm of Delbello Weingarten Wise &amp;
Wiederkehr, LLP representing the applicant. Mr. Weingarten requested that the Planning Board
close the public hearing and prepare a draft resolution with the understanding that if the height
variance is approved at the December 16, 2020 Zoning Board meeting, the Planning Board
resolution could be approved at the December 17, 2020 Planning Board meeting. Mr.
Weingarten stated that the Planning Board public hearing could be reopened if necessary.
Chairperson Hsu solicited advice from Clinton Smith on whether they should close or adjourn
the public hearing pending the Zoning Board of Appeals decision.
There was a discussion between Clinton Smith and Mark Weingarten on the permitted time
frame from the closing of the public hearing and the adoption of a resolution.
Motion was made to close the public hearing.
Moved: Andruss
Seconded: McCarthy

Vote 7-0

Chairperson Hsu directed the Village Planner to draft a resolution for review at the December 17,
2020 meeting.
3. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
199 Beekman Avenue, Block-A proposed retail space, Site Plan approval- Preliminary
presentation
Mark P. Weingarten, Esq. is a partner in the law firm of Delbello Weingarten Wise &amp;
Wiederkehr, LLP representing the applicant. Mr. Weingarten provided a summary of the Edgeon-Hudson Riverfront Development prior approvals and shared an aerial photograph to show the
construction progress and the future sites of the development. Mr. Weingarten stated that the
proposed Block-A is bounded by Beekman Avenue, Legend Drive, and the Metro North
Railroad tracks and is roughly five acres. The application proposes the construction of a 34,300
square foot DeCiccos &amp; Sons Market and approximately 20,000 square feet of additional retail
space and required parking.
4

(11/19/20)

�Andrew Tung is an associate of Divney Tung Schwalbe LLP representing the applicant. Mr.
Tung shared a rendering of the proposed DeCiccos &amp; Sons Market. Mr. Tung shared the
proposed site plan and stated that the buildings total square footage will be 54,800. On-grade
parking areas will be constructed with access from Center Drive, off Legend Drive, and will
include interior loading areas for the retail spaces. A six-foot high masonry wall is proposed to
be extended along the Block A boundary and the Metro-North Railroad right-of-way. A six-foot
black vinyl chain-link fence is proposed at the existing retaining wall located at the base of the
slope from Beekman Avenue. Landscaping is proposed around the buildings where they are not
abutting public streets. All of the utilities will be taken from Legend Drive into the buildings
with the exception of the sanitary sewer that may connect within the site because the Westchester
County main runs around the perimeter of the site before passing under the roundabout. Mr.
Tung confirmed receipt of the engineering review memo from Woodard &amp; Curran and stated that
they are working to address their concerns.
John DeCicco Jr. is the contract vendee for the proposed DeCicco &amp; Sons Market and stated that
their stores are built to LEED standards and they have GreenChill Retail Platinum-Level
Certified stores from the Environmental Protection Agency.
Lucio DiLeo is the Principle of Studio Rai, representing the DeCicco &amp; Sons Market to design
the proposed store. Mr. DiLeo shared photographs of architectural features that were used in the
proposed designs of the market building. Mr. DiLeo shared a section drawing and described the
different story levels and the massing of the proposed building. Mr. DiLeo shared elevations
drawings and described the entrances and the location of the parking and loading dock areas. The
loading dock, garbage, and the mechanical equipment will be hidden from visual impact around
the perimeter of the building. Renderings were shared to show how the building will be viewed
from different site locations. Mr. DiLeo shared renderings and described the preliminary designs
for the interior of the store.
Matthew Brennan asked what types of retail stores are envisioned in the other retail spaces.
Lucio DiLeo stated that half of the market retail space is planned to be a pharmacy and the other
half is planned to be a retail store that is still to be determined.
Peter Chavkin is the Managing Partner of Biddle Real Estate Ventures and stated that there is a
liquor store proposed in the complex. The retail space near the pharmacy may be one or more
retail stores. A public restroom area is also proposed in the additional retail space building.
Chairperson Hsu asked when they anticipate the construction could be completed for the
DeCiccos Market.
John DeCicco Jr. estimated that the store could be completed and operational by late 2021, early
2022 depending on the approval process and construction start date.
David Smith stated that it may be helpful to provide a rendering that includes the approved
adjacent Block F.
5

(11/19/20)

�Lucio DiLeo stated that they will incorporate the Block F buildings in a subsequent rendering
submittal.
Erin Carney stated that the DeCicco &amp; Sons Mart will be heavily visited by residents on foot and
bicycle, and suggested that more detail be emphasized on the street scape along Beekman
Avenue.
Lucio DiLeo stated that the shared renderings do not represent the true landscaping aspects of
proposed area.
Kersten Harries suggested that there be bicycle storage areas in the parking lots for the retail
spaces. Ms. Harries asked if there will be another entrance to the complex from the sculptural
stair along Beekman Avenue in lieu of walking around Legend Drive.
Lucio DiLeo stated that the sculptural stair area is only designed to be an exit from the upper
levels of the store. It is very difficult to maintain control of the supermarket operation when you
have multiple entrances. There will be a second exit onto Legend Drive from the upper levels.
Kersten Harries suggested that native pollinator friendly plantings be incorporated in the steeper
grade areas along Beekman Avenue and the train tracks.
Peter Chavkin stated that the design team is studying the possibility of creating a stair access
from Beekman Avenue down to the eastern part of the parking lot. Mr. Chavkin stated that they
would not be able to accommodate an ADA accessible ramp in that area.
Lindsay Krakauer suggested that the parking lot area be accessible for resident parking spaces
during off hours.
Peter Chavkin stated that the development construction will be adding about 500 public on-street
parking spaces. It is up to the Village to decide the parking regulation guidelines.
Jonathan Stein stated that the additional 500 public parking on-street spaces are in excess of the
required parking spaces required for the Edge-on-Hudson uses.
Chairperson Hsu requested more detail on what LEED certification methods are proposed for the
retail spaces and the parking lot.
John DeCicco Jr. stated that they use CO2 based natural refrigeration systems that use no ozone
depleting gas which also generates heat that is used to heat the buildings and the water. The
demand cooking and ventilation systems decrease the amount of exhaust air. They utilize
reclaimed materials as much as possible and highly insulate the buildings to keep them energy
efficient. They utilize HVAC units that circulates 50% of the outside air within the stores. Mr.
DeCicco stated that they evaluated UV light option but have determined they were not right for
the stores. They also proposed to install a green roof.
6

(11/19/20)

�Chairperson Hsu asked if the COVID-19 pandemic has influenced the interior designs or trends
for the stores and the way the customers shop via online pickup or outdoor seating options.
John DeCicco stated that they are looking into curbside pick-up stations, solutions for the food
bars and the beer gardens, and possible ultra violet light sanitizing devices.
Clinton Smith asked for the construction details of the proposed parking area.
Andrew Tung shared the site plan drawing and stated that they are not proposing a pervious
surface for the parking lot due to the limitations and location of the site.
Anthony Catalano stated that for this large parking area it would not be recommended to use a
porous asphalt material due to the limitations of the brownfield site.
Clinton Smith asked if all of the retail buildings and the parking area will be constructed at the
same time.
Peter Chavkin stated that the construction of north retail building depends on the ability to secure
tenants for the retail spaces.
Clinton Smith asked if DeCicco &amp; Sons will be a tenant.
Peter Chavkin stated that DeCicco &amp; Sons is buying and building the market and the pharmacy
retail components of the building. Lighthouse Landing LLC will own the non-pharmacy retail
section of the market building along with the north retail building that will be built based on the
tenants.
Clinton Smith questioned if all the retail spaces will receive deliveries as the plan does not
indicate large loading areas for truck deliveries.
Peter Chavkin stated that all of the retail spaces will receive deliveries but not as frequent as the
DeCiccos market.
Nicole Emmons is an architect from Hart Howerton and stated that the smaller retail stores will
not require long term loading areas and would have specific hours for deliveries and loading
zones.
Jonathan Stein is a Managing Member of Diversified Realty Advisors, LLC and stated that the
smaller retail stores do not typically get serviced by tractor trailers but rather smaller size
package trucks that will drop off and leave.
Chairperson Hsu asked if the applicant would be ready for a December 17, 2020 public hearing.
Peter Chavkin stated that they have received the engineering review memo from Woodard &amp;
Curran and that they are awaiting review memos from David Smith and the Building
7

(11/19/20)

�Department. They should be able to have a submission ready by the deadline for the December
meeting.
David Smith stated that Metro-North Railroad should be included in the public hearing notice
and distribution list for this site plan application.
Jonathan Stein stated that he welcomes any comments or concerns from the Planning Board after
the meeting so they can be coordinated with their consultants for the next submission date.
David Smith requested that the applicant complete and submit an updated traffic study to show
any difference from the original projected environmental review.
Jonathan Stein stated that they will submit an updated traffic study that reflects the changes in
the components of the site programs.
Erin Carney stated that she supports the staircase from Beekman Avenue into the parking lot as it
will decrease the load from car traffic.
Lindsay Krakauer suggested that a ramp be constructed in lieu of a staircase to increase foot
traffic and accommodate for pedestrians walking to the store and using a push cart for the retail
items.
Peter Chavkin stated that it is not possible to build a ramp due to the substantial grade difference
between the road, the parking lot, the existing retaining wall, and the location of the County
sewer main.
Lindsay Krakauer stated that a ramp would also be helpful for those who want to lower their
bicycle down to the parking lot.
Jonathan Stein stated that if a ramp was constructed it would also have to be ADA compliant.
Ed McCarthy asked what is proposed for the lighting in the parking lot at night.
Andrew Tung stated that they plan to submit a lighting plan for the next submission. The lights
are proposed to be full cut off. From Beekman Avenue, the parking lot is 25 to 35 feet below the
surface near the Beekman Bridge. The lights might be 20 feet tall so the fixture will not be
visible, just the light will be seen casting downward.
Matthew Brennan asked if there are any design elements of the project that could slow down the
completion date.
Jonathan Stein stated that there are no design details that would slow down the completion date.
Kersten Harries stated there seems to be more surface parking proposed now on the back corner
along Beekman Avenue than in the past where it was contemplated that there would be other
building structures. Ms. Harries questioned that if another building was proposed on site with
8

(11/19/20)

�parking in or underneath the structure would it allow for the height to be raised on Beekman
Avenue to provide an access way while also providing more buildable rentable space in lieu of
surface area parking.
Peter Chavkin stated that at this point they don't think that the economics in commercial rentals
for office space or retail would justify the added costs of constructing structured parking. It may
be possible that they would propose a structured parking building and another commercial
building on site, but even if they constructed a multi-story building on the site, it would have to
be set back from Beekman Avenue as they cannot build on top of the County sewer lines.
Motion was made to schedule a public hearing for the December 17, 2020 meeting.
Moved: Harries
Seconded: Chairperson Hsu

Vote 7-0

4. Sleepy Hollow Associates, LLC, 45-49 Beekman Avenue, Change of Use- Preliminary
presentation
Kyle McGovern is an attorney from the law firm of Lyons McGovern LLP representing the
applicant. Mr. McGovern stated that they propose to revitalize three underutilized commercial
properties on the corner of Beekman Avenue and North Washington Street where the existing
Tomkins Mahopac Bank, a professional office building, and the Post Office are located. They
propose to keep the existing commercial uses of the first floors and revitalize the upper floors of
47 and 49 Beekman Avenue by constructing (16) residential apartment units consisting of (14)
one bedroom apartments, (1) two bedroom apartment, and (1) studio apartment within 47 and 49
Beekman Avenue. This will require a change of use from commercial use buildings to mixed-use
buildings, which are permitted uses in the C-2 Zoning district. There are no proposed changes to
the Post Office at 45 Beekman Avenue as they are expected to renew their lease. The proposed
improvements will stay entirely within the current footprint of the existing buildings.
Improvements are proposed to the exteriors of the buildings. The proposed project is consistent
with the Sleepy Hollow Comprehensive Plan. The rents will be priced at market value and
targeted towards young professionals. Mr. McGovern provided a summary of the history of the
properties ownership and their uses.
David Mooney is the architect representing the applicant. Mr. Mooney referenced the existing
site plan and stated that the existing parking layout included forty-three (43) parking spaces with
access from Beekman Avenue and North Washington Street. The proposed parking plan includes
thirty-nine (39) spaces where there will be (2) handicap spaces within the (28) full size parking
spaces and (11) compact car parking spaces. As required by the Village Zoning Code, they will
be seeking a variance for (4) parking spaces. An enclosed refuse area is proposed for garbage
storage and pick up and there will be an enclosed area at North Washington Street for
recyclables. Mr. Mooney shared the existing floor plans of the 49 Beekman Avenue bank
building and described the current uses of the spaces. Mr. Mooney shared the proposed floor
plans for 49 Beekman Avenue and stated that (2) one bedroom apartments are proposed on the
first floor and (4) one bedroom units, (1) two bedroom unit, and (1) studio apartment are
proposed on the second floor. Mr. Mooney shared the existing floor plans of 47 Beekman
Avenue and described the current uses of the spaces. Mr. Mooney shared the proposed floor
plans for 47 Beekman Avenue and stated that the first floor will continue to be used as
9

(11/19/20)

�professional offices. Mr. Mooney stated that (4) one bedroom apartment units are proposed for
the second floor and (4) one bedroom apartments are proposed on the third floor. The apartment
entrances will be accessed from a shared front entrance on Beekman Avenue and through the
rear of the building from the parking lot.
Tom Andruss asked it tenant spaces could be used for public parking if not used during the day.
Kyle McGovern stated that the current use is tenant only parking and that the parking will
continue to be dedicated for the tenants.
Chairperson Hsu asked if the banking customers are permitted to park in parking lot.
Kyle McGovern stated that there are dedicated parking spaces for bank employees and
customers.
David Mooney stated that there will be dedicated parking spaces for the commercial and retail
uses.
Matthew Brennan asked for the average square footage of the proposed apartment units.
David Mooney stated that the smallest apartment unit is proposed at 550 square feet and the
largest unit will be approximately 840-850 square feet.
Chairperson Hsu asked the applicant to confirm that they are in receipt of the review memos
prepared by James Natarelli and David Smith.
David Mooney stated that they will review the issues raised in regards to the site drainage,
sidewalk repairs and the streetscape improvements.
Kyle McGovern stated that he acknowledges that the application will require a variance from the
Zoning Board of Appeals for the landscaping buffer, the parking spaces, and a loading zone.
Chairperson Hsu requested that the applicant prepare mitigation plans to address the drainage
improvements required at Valley Street.
James Natarelli stated that there are Village drainage issues at Valley Street that should be
mitigated for the proposed site.
Chairperson Hsu made a motion to refer the application to the Zoning Board of Appeals and to
schedule a public hearing for the December 17, 2020 meeting
Moved: Chairperson Hsu
Seconded: Andruss
Vote 7-0
5. GTY NY Leasing Inc. 215 North Broadway, Amended site plan - Continued public
hearing, Pending ZBA approval
Motion was made to reopen the public hearing.
10

(11/19/20)

�Moved: Chairperson Hsu

Seconded: Krakauer

Vote 7-0

Chairperson Hsu solicited comments from the public.
There were no comments from the public.
Chairperson Hsu stated that the applicant has not submitted an application to the Zoning Board
of Appeals and not available to speak on their behalf.
Motion was made to adjourn the public hearing to the December 17, 2020 meeting.
Moved: Chairperson Hsu
Seconded: Andruss

Vote 7-0

6. Ivan and Sonia Vukusic, 143 Webber Avenue, Proposed subdivision, preliminary platcontinued public hearing, pending ZBA approval
Motion was made to reopen the public hearing.
Moved: Chairperson Hsu

Seconded: McCarthy

Vote 7-0

Chairperson Hsu solicited comments from the public.
There were no comments from the public.
Chairperson Hsu stated that the applicant has not submitted an application to the Zoning Board
of Appeals and not available to speak on their behalf.
Motion was made to adjourn the public hearing to the December 17, 2020 meeting.
Moved: Chairperson Hsu
Seconded: Harries

Vote 7-0

10. Approval of minutes- October 22, 2020
Motion was made to adjourn October 22, 2020 minutes to the December 17, 2020 meeting
Moved: Chairperson Hsu
Seconded: Harries
Vote 7-0
Motion was made to adjourn the meeting at 9:15 PM.
Moved: Chairperson Hsu

Seconded: Carney

Vote 7-0

11

(11/19/20)

Respectfully submitted,
PajtywAzPamela Kroll
Secretary to the Planning Board

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