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                  <text>Village of Sleepy Hollow
Planning Board Minutes
September 17, 2020
The regular meeting was held in Village Hall and via Zoom webinar and called to order at 8:00
PM by Chairperson Marjorie Hsu. Residents who could not attend in person due to the COVID19 pandemic, could participate by phone and via videoconferencing. The Board and applicants
participated at Village Hall and via videoconferencing.
Present:

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

Also Present:

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

Absent:

Thomas Andruss

Agenda:
1) Stephens and Kent House LLC National Trust for Historic Preservation, County
House Road, Proposed subdivision - Public hearing
2) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
199 Beekman Avenue, Phase I waterfront open space, site plan and wetlands permit
approval - Continued public hearing
3) Jonathan Villani, 30 Andrews Lane, Proposed townhome development- Continued
public hearing
4) Roger Billharz, 467 Munroe Avenue, Proposed subdivision-final plat- Presentation
5) 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- Preliminary presentation
6) Sleepy Hollow Residences, LLC, Edge-on-Hudson Riverfront Development, 2 Maxwell
Drive, Phase II, Block-F amended site plan - Preliminary presentation
7) GTY NY Leasing Inc., 215 North Broadway, amended site plan - Preliminary
presentation
8) Ivan and Sonia Vukusic, 143 Webber Avenue, Proposed subdivision, Preliminary platPresentation
9) Approval of minutes - July 16, 2020
1

(9/17/20)

�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. Stephens and Kent House LLC and The National Trust for Historic Preservation of the
United States, County House Road, Proposes subdivision- Public hearing
John Schnaufer, Esq. is the attorney representing the applicants. Mr. Schnaufer stated that they
are seeking approval to change a lot line and eliminate one of three lots. There is no new
construction or change of use proposed. Mr. Schnaufer presented exhibits and summarized the
details of the lots impacted in the application.
Motion was made to open the public hearing.
Moved: Chairperson Hsu
Seconded: Krakauer

Vote 6-0

Kersten Harries asked if there will be tax changes associated with the proposed lot change.
John Schnaufer stated that the National Trust will apply for tax exemption for the acreage
acquired from the Stephens and Kent House LLC lot.
Chairperson Hsu asked for an estimated tax dollar amount change for the acreage change.
John Schnaufer stated that he can provide the information to the Planning Board.
Matthew Brennan asked why the lot line change is proposed.
John Schnaufer stated that the purpose of the proposed application is to allow the Stephens and
Kent House LLC to gift the deed for 4.5 acres to the National Trust.
Chairperson Hsu solicited comments from the public.
Mayor Ken Wray stated that the donation of land to the National Trust would diminish the
taxable income to the Village and questioned the purpose and timing of the request, and the
amount of the net tax change.
2

(9/17/20)

�John Schnaufer stated that the land is part of the Pocantico Historic area. The existing parcel
Lots 1 and 2 are currently owned by Stephens and Kent House LLC. Lot 1 is proposed to be
eliminated by transferring 4.5 acres to Lot 2, and gifting 4.5 acres to Lot 3, owned by the
National Trust.
Chairperson Hsu stated that the 4.5 acres proposed to be gifted to the National Trust will be
removed of the Village of Sleepy Hollow tax rolls.
Chairperson Hsu solicited comments from the Board.
Mayor Ken Wray stated that he is not opposed to the proposed lot line change.
Motion was made to close the public hearing.
Moved: Chairperson Hsu

Seconded: McCarthy

Vote 6-0

Chairperson Hsu asked David Smith to read the draft resolution.
David Smith read the last whereas and resolved clauses of the draft resolution.
Matthew Brennan requested a clarification of the tax dollar amount change resulting from the
application.
Sean McCarthy stated that the tax roll change information can be provided to the Board.
Motion was made to approve the resolution.
Moved: Brennan
Seconded: McCarthy
Chairperson Hsu - yes
Kersten Harries - yes
Lindsay Krakauer - yes
Erin Carney - yes
Matthew Brennan - yes
Ed McCarthy - yes
Vote 6-0

APPROVED

Mayor Ken Wray stated that National Historic Trust has been remarkably generous to the Village
of Sleepy Hollow and that this approval outweighs the tax roll amount changes.
2. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
199 Beekman Avenue, Phase I- waterfront open space site plan and wetlands permit
approval- Continued public hearing
Motion was made to reopen the public hearing.
Moved: Chairperson Hsu
Seconded: Brennan
3

Vote 6-0
(9/17/20)

�Andrew Tung is an associate of Divney Tung Schwalbe LLP representing the applicant. Mr.
Tung stated that they submitted supplemental submissions on August 24, 2020 to include
drawings and detailed responses to the comments received from the Village's consultants and
members of the Planning Board. They have addressed the majority of the concerns raised by
Woodard and Curran. They received a revised review memo from the Village Architect, Sean
McCarthy, and comments via email from the Public Space Council. Mr. Tung presented exhibits
to address the open concerns for the shoreline rip rap conditions and the preliminary plans for the
proposed in-water dine and dock pier and the fishing pier structures. Mr. Tung acknowledged
that the applicant would need to come back to the Planning Board for any proposed utility
changes requested by the Army Corp of Engineers or the Department of Environmental
Conservation for the in-water structures as they correlate with the waterfront open space.
Peter Chavkin is a Managing Partner of Biddle Real Estate Ventures and stated that the Village
Board of Trustees and the Public Space Council needs to confirm their decisions for the desired
in-water structures before they are submitted for approvals to the Army Corp and Department of
Environmental Conservation. The current plans are preliminary.
Chairperson Hsu questioned if two fishing piers would eliminate the ability for vessels to dock
along the shoreline.
Peter Chavkin stated that fishing piers are fixed structures that would not allow for vessels to
dock along the shoreline. The pier would need to be a floating structure on the water that rises
and falls with the tides.
David Smith requested an estimated time frame for the completion of the in-water structures.
Peter Chavkin stated that the estimated time frame for the approval process from the Village, the
Army Corp and the DEC are 12 to 18 months based on approval of the current plan moving
forward. This time frame does not include construction.
David Smith stated that boat transit is encouraged for a Hudson River project and asked if
supporting letters from the Village could assist in expediting the permitting process.
Peter Chavkin stated that it might help if the permit applications are submitted as a coapplications between the developer and the Village.
Chairperson Hsu asked Peter Chavkin which village board or council is responsible for the
decisions of the designs of the in-water structures.
Peter Chavkin stated that is was not their intention to include the in-water structures in the site
plan. The consultants requested to see the concepts and locations that are still in discussion with
the Board of Trustees and the Public Space Council.
Andrew Tung presented exhibits and assessment drawings completed by RACE Engineering for
the existing rip rap conditions along the waterfront. Mr. Tung stated that the recommended
improvements include resetting of displaced stones by wave action, removal and replacement of
4

(9/17/20)

�stones that are inadequate in size, and incorporate new stones in the revetment to provide the
armoring functions of the rip rap. Improvements are recommended for approximately twenty
percent of the rip rap shoreline. Andrew Tung stated that they have no intention to invite
pedestrians to walk on the rip rap and that the Village may want to consider restricting the public
access to the rip rap.
Chairperson Hsu stated that the Village wants to deter people from walking on the rip rap and
asked Mr. Tung to provide suggestions for landscape designs that would make the rip rap less
attractive for public use.
Peter Chavkin stated that although the rip rap is not intended to be a pathway, they expect that it
will have a lot of traffic from the public wanting to get closer to the water; similar to what occurs
on the Tarrytown Waterfront, and that people will do so at their own risk. Mr. Chavkin stated
that they do see it as a problem. Mr. Chavkin stated that the primary goal for the design, as
directed by the Public Space Council, was to not create barriers from the public and river. If a
code issue exists, they can install barriers. Mr. Chavkin stated that they will do what is directed
by the Planning Board and update their plans accordingly.
Mayor Ken Wray stated that the Board of Trustees and the Public Space Council have
participated in several of the design sessions prepared by Nelson Byrd Woltz Landscape
Architects. Mayor Wray stated that they strongly believe that access to the riverfront should be
open and unobstructed and that he is opposed to putting a fence and railing along the edge of the
rip rap. If there is an area in which the code requires a barrier, then he would recommend that it
is limited to only the portion where it is necessary.
Andrew Tung stated that they are in receipt of Sean McCarthy's updated review memo and that
most of the items can be addressed with their engineers. Mr. Tung presented a study prepared by
Nelson Byrd Woltz Landscape Architects to address Mr. McCarthy's comment stating that the
pathways in the waterfront open space must be a minimum of 10 feet wide to allow for
emergency vehicle access. Mr. Tung stated that pathways can be revised to accommodate the
requirement.
Chairperson Hsu asked if the width of the path is less than 10 feet, does it restrict emergency
access vehicles to portions of the waterfront.
Andrew Tung stated that the smaller paths could hold the emergency vehicles structurally, but
some vehicles require the workable width to drive through.
Peter Chavkin asked Sean McCarthy to provide details for the 10 foot width requirement.
Sean McCarthy stated that the 10 foot minimum width is derived from the Westchester County
RiverWalk Guidelines.
Chairperson Hsu asked Mr. McCarthy if the regulation is Code or a recommendation.

5

(9/17/20)

�Sean McCarthy stated that the RiverWalk Guidelines is actually wider than 10 feet. The
minimum width recommendation of 10 feet was carried out throughout the design and
construction of Ichabod's Landing, the River House project and the connection to the Tarrytown
Riverfront Walkway.
Peter Chavkin stated that the minimum 10 foot path width was internally agreed to and that it
was an oversite on the coordination of the recent drawings submission in August. They are
happy to meet the requirements in the areas of the pathways that need to be widened.
David Smith asked Andy Tung for the width of the existing pathway that currently runs along the
water.
Craig Tomkins is the Construction Manager from Argent Management LLC and stated that the
existing pathway along the water is 12 feet wide.
David Smith agreed that the minimum path width should follow the guidelines of the 10 feet
width to accommodate the pedestrian traffic happening now and anticipated in the future.
Andrew Tung presented an updated drawing to show where the pathways will be widened to
meet the 10 foot minimum width.
David Smith stated that the Tarrytown Waterfront has a different design feature than the Edgeon-Hudson site. The rip rap at this location has a different configuration and more of an
industrial design. Mr. Smith stated that the design professionals should provide a design which
indicates that the access to the rip rap for this site addresses not only any Building Code issues,
but confirms that the interface to the rip rap does not create a hazard to the public and a liability
for the Village.
Clinton Smith stated that if the design professionals believe the access to the rip rap will cause a
hazardous situation, they should provide suggestions for solutions via railings or landscaping that
could be implemented to reduce the hazard to the public and the liability to the Village.
Peter Chavkin stated that he will consult with the design team and respond off line. Mr. Chavkin
stated that they don't think there are liability concerns but ultimately it is the decision of the
Village.
Clinton Smith asked Peter Chavkin if a construction logistics plan has been prepared.
Anthony Catalano asked Peter Chavkin if the plan before the Planning Board to approve is a
concept plan.
Peter Chavkin stated that the concept plan refers to the designs for the dine and dock pier and the
fishing pier. The waterfront open space plan is a fully developed site plan.
Anthony Catalano stated that they requested a logistics plan on their engineering memo to
understand the sequence of construction and how it affects the relevant areas.
6

(9/17/20)

�Peter Chavkin stated that the construction logistics plan requirements are usually included as
condition of an approval. Generally they require a contractors input in determining a logistics
plan and the work is not awarded until they have a final approved site plan. Their intention will
be to provide a construction plan for review by the Village Building Inspector and engineers
upon approval of the site plan.
Jonathan Stein is a Managing Member of Diversified Realty Advisors, LLC and stated that
historically it has been very important to the stake holders groups and the Waterfront Advisory
Committee for the public to have a feeling of entitlement as it relates to access to the riverfront;
not restricted access or fenced access, but instead to have areas where the public could go down
and be part of the river. Mr. Stein stated that due to the fill activities of General Motors, the site
juts into the middle of the river and allows people to get out to the edge of waterfront and closer
to the lighthouse. Mr. Stein stated that past studies have shown that the history of liability
experiences and injury experiences in other waterfront communities that have rip rap areas do
not happen often. Mr. Stein stated that liability concerns are Board of Trustees issues rather than
a Planning Board area. Mr. Stein stated that there are not high instances of people getting hurt
on rip rap opportunities than there are on bulk head opportunities.
Chairperson Hsu stated that a construction logistics plan for this phase of the waterfront
application is important because this phase wraps around a good portion of the property and
correlates with the adjacent waterfront blocks development.
Kersten Harries questioned what they will do to keep the existing pedestrian path open while the
waterfront open space project is under construction, and will there be time in which it will need
to be closed.
Craig Tompkins is the Construction Manager for Argent Management LLC and stated that they
plan to construct the open space parks behind the temporary fencing as long as they can to keep
the existing 12 foot wide path open. Temporary paths may be made along the garden and
grassed areas. It is also anticipated that Westward Drive will be entirely paved which may allow
for pedestrian use in lieu of the path along the water during construction.
Peter Chavkin stated that there may be times that the path along the water is closed due to
construction.
Chairperson Hsu asked Anthony Catalano if he has any more comments.
Anthony Catalano stated that his concerns were discussed in regards to the rip rap revetment,
safety issues, the logistics plan, and permitting.
Chairperson Hsu asked when the other Village bodies are scheduled to discuss the piers and the
dock and dine pier designs.

7

(9/17/20)

�Peter Chavkin stated that he can't speak to when the other Village bodies will meet but requested
that the application not be held up by the in-water structure process. The in-water structure
designs were not intended to be a part of this site plan application.
Chairperson Hsu stated that she is not tying the in-water structures to this approval but is
concerned on the time frame for permit approvals and as how they will be coordinated with the
Local Waterfront Revitalization Plan.
Peter Chavkin stated that he will commit to reaching out to the Public Space Council and the
Village Board to get an estimated time frame for their approvals.
Mayor Wray stated that the Board of Trustees will be making decisions for this application and
other Edge-on-Hudson projects over the next couple of weeks. Mayor Wray stated that he also
would not like to see this site plan approval tied to the in-water structures. He would like to see
that park construction started over the winter as the time frame for the in-water structure
decisions and permit approvals could take a long time.
Chairperson Hsu stated that the Planning Board is eager to have the waterfront construction start
but the Board would prefer to have a sense of the sequencing for the logistics plan discussed with
the Village Architect, consultants, and the Edge-on-Hudson design team.
Craig Tompkins stated that the Hudson Plaza project, on the south end, is set to be awarded and
scheduled to start and to be completed by the end of the year. The project includes the pergola
and the Hudson River map. In order for this project to get started the electrical and water
infrastructure will need to be constructed within the Phase 1 waterfront open space in order to
serve the Hudson Plaza.
Mayor Wray stated that the decisions for the in-water structures will be made by the Board of
Trustees. The Public Space Council has provided invaluable assistance to the project but they are
an advisory group only and do not make decisions.
Chairperson Hsu solicited comments from the public.
Peter Chavkin requested that the Planning Board confirm how they would like to proceed with
the rip rap interface so that they may revise the plans accordingly. Mr. Chavkin stated that a
speedy approval may allow for the completion of the bulk of the waterfront work by next autumn
and less of a chance if the approval is postponed to an October approval verses an approval at
this September meeting.
There were no additional comments from the public.
Motion was made to adjourn the public hearing to the October 22, 2020 meeting.
Moved: Chairperson Hsu
Seconded: Brennan

8

Vote 6-0

(9/17/20)

�3. Jonathan Villani, 30 Andrews Lane, Proposed townhome development - Public hearing
Motion was made to open the public hearing.
Moved: Chairperson Hsu
Seconded: Krakauer

Vote 6-0

Chairperson Hsu stated that since the application was submitted in October of 2018, there have
been several interactions with the Planning Board, the consultants, and the Building Department.
Although the Board wants to see this project move forward and see new homes constructed in
the Village, there are still two major outstanding concerns. The application submission
documents and drawings do not reflect the updates discussed. There are also concerns in regards
to the Planning Board's role as the Architectural Review Board as it relates to the facade designs;
the massing of the buildings in relation to the neighborhood; the requested changes in the
landscape plan, and the intentions of the fourth floor space. Chairperson Hsu stated that the
Planning Board would like to adjourn tonight's meeting and request that the application
documents be revised and submitted by October 8, 2020 to address all of the concerns and allow
them to move forward with a vote at the October 22, 2020 Planning Board meeting.
Chairperson Hsu solicited comments from the public.
Sarah Smiley resides a 5 Farrington Avenue and stated that she spoke at the last public hearing
and made comments on the developers plans to use gas for the heating the building. Ms. Smiley
stated that she had inquired if they would consider alternatives that do not rely on fossil fuel such
as geo-thermal or heat pumps. She was told that alternative heat sources would be discussed
with the owner. Ms. Smiley stated that she sent documentation to the Planning Board. (See
exhibit No. 1)
Jonathan Villani is the Design Consultant from Annuziata &amp; Villani Design Consultants, Inc.
representing 30 Andrews Lane. Mr. Villani stated that the owner plans to continue proposing
natural gas for the property heat sources.
Chairperson Hsu stated that the Planning Board shared the documents submitted by Sarah
Smiley with Jonathan Villani. The Planning Board also received and shared additional written
comments from Arline Segal of 547 Bellwood Avenue and Melissa Lohman-Wild of 145
Beekman Avenue. (See exhibit No. 2 and No. 3)
There were no other public comments.
Jonathan Villani stated he will meet with his design team and will prepare a submission to
address the comments from the memos received from James Natarelli and Sean McCarthy by
October 8, 2020.
David Smith requested that the applicant provide renderings of the proposed buildings. The
Planning Board, acting as the Architectural Review Board, needs to evaluate the proposed
buildings as they relate to massing with the surrounding neighborhood on Andrews Lane.
Motion was made to adjourn the public hearing to the October 22, 2020 meeting.
9

(9/17/20)

�Moved: Chairperson Hsu

Seconded: Brennan

Vote 6-0

4. Roger Billharz, 467 Munroe Avenue, Proposed subdivision, Final plat - Presentation
Gregory Gall, R.A. is the architect representing the applicants and stated there have not been any
revisions made to the subdivision plat since the approval of the preliminary subdivision plat.
Motion was made to accept the final subdivision plat and authorize approval for signature.
Moved: Harries
Seconded: Carney
Chairperson Hsu - yes
Kersten Harries - yes
Lindsay Krakauer - yes
Erin Carney - yes
Matthew Brennan - yes
Ed McCarthy - yes
Vote 6-0

APPROVED

5. 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- Preliminary presentation
Peter Chavkin is a Managing Partner of Biddle Real Estate Ventures and stated that they are
seeking partial site plan approval for four additional buildings to construct a total of twenty
townhome units for Blocks-O/P located on Palisades Boulevard, across the street and facing the
Block-J units. The townhomes are proposed to be four-bedroom units that are 20 foot-wide or 22
foot-wide. Sales have increased for the townhomes in the Phase I, Block-J townhome
development. Block-J is owned by Toll Brothers and they are seeking to purchase more building
lots. The purpose of the presentation is to introduce the application while Divney Tung
Schwalbe LLP is working on details of a full site plan submission for the October 8, 2020
deadline for the October 22, 2020 meeting. Mr. Chavkin stated that the site plan will replicate the
approval from Phase I and that they will not be seeking any changes to the Special Permit. Mr.
Chavkin requested that the Board approve setting a public hearing date so that they can expedite
the approval.
Andrew Tung is an Associate of Divney Tung Schwalbe LLP and presented drawings and
summarized the details for the twenty proposed townhome units for Block- O/P.
Peter Chavkin stated that they are not seeking approval for the entire Block-O/P site plan for two
reasons. First, it seems reasonable to request an expedited review and approval for a small
grouping of townhomes of which will follow the same "kit of parts" approval as the Block-J
townhomes. Second, they are having internal discussions as to whether or not architecture styles
should change where they are closer to Kingsland Point Park; similar to what was approved for
Block-J. There have also been discussions about whether or not the entirety of the Block-O/P
units should follow the same size and width.
10

(9/17/20)

�Chairperson Hsu asked if the total townhome unit counts will remain the same in Block-O/P as
approved in the Special Permit and the Riverfront Design Concept Plan.
Peter Chavkin stated that they will not seek approval for more than the approved 1,177 units. Mr.
Chavkin stated that under the Special Permit approval, it provides the ability to move units
around between the Blocks. Mr. Chavkin stated that there may be changes to the unit counts
depending on the width of the proposed townhomes that get approved.
Chairperson Hsu asked if the parking space count remains the same.
Peter Chavkin stated that they are not seeking changes to the parking ratio requirements for this
application. They are providing a total of four spaces per four-bedroom unit. Two spaces will
be in the garage and two parking spaces will be in the driveway.
Kersten Harries questioned why the proposed plan shows more green space, at the elbow of
Palisades Boulevard between the blocks, than what was shown on the original concept plan.
Peter Chavkin stated that the area will not be permanent green space. They anticipate that there
will be another building fronting on Sleepers Haven.
Kersten Harries asked if they plan on having handicapped accessible townhomes in the Blocks.
Peter Chavkin stated that many of the townhomes in Block-J were designed to accommodate
elevators. Mr. Chavkin stated that the builders of the townhomes would be expected to comply
with the New York State Codes and meet all of the Americans with Disabilities, (ADA)
requirements.
Chairperson Hsu asked if the width of the proposed townhomes has changed since the original
RDCP plan to provide the opportunity for the future building along Sleepers Haven.
Peter Chavkin stated that he is not aware of the townhome width approved in the RDCP. The 20
foot-width and 22 foot-width of the proposed townhomes is based on the current market trends.
The original site plan proposal included three different unit types consisting of 18 foot-wide
townhomes, 21 foot-wide townhomes, and 24 foot-wide townhomes.
David Smith stated that the Planning Board has concerns with the use of excessive similarity of
the building design elements used in the different Blocks when using the same developer. Mr.
Smith requested that the applicant provide illustrations to detail on how the "kit of parts" options
were used in the Block-J construction how the proposed Block-O/P townhomes will bring a
variation of architectural design concepts to the development.
Jonathan Stein is a Managing Member of Diversified Realty Advisors, LLC and stated that they
will address his concerns to be sure they provide sufficient variation in the proposed Block O/P
townhomes.

11

(9/17/20)

�David Smith stated that the height variations be considered for the balance of the Block-O and
Block-P building units that will front on Hollows Pass and where there will be more open public
space.
Peter Chavkin stated that they will consider the heights of the buildings when they develo the site
plan for the units along Hollows Pass.
Peter Chavkin stated that as part of the resolution approval, they could include limits to the "kit
of parts" elements depending on the proximity of the building lots.
Chairperson Hsu requested that the applicant provide some details for what is proposed for the
remainder of the Block-O/P development.
Kersten Harries recommended that sustainable building practices and alternative energy heating
and cooling systems be included in the designs of the proposed townhomes.
Chairperson Hsu stated that the Planning Board would like the applicant to incorporate
sustainable energy practices into the acceleration of building construction in order to minimize
the environmental impacts and the carbon footprint of the Edge-on-Hudson Development.
Chairperson Hsu stated that she has spoken with Peter Chavkin regarding these requests.
Peter Chavkin stated that they are embarking on a study to be conducted with a geothermal
consultant and the New York State Research and Development Authority (NYSERDA) to
evaluate the use of geothermal energy for the larger buildings in the Edge-on-Hudson
Development. Mr. Chavkin stated that they are in the process of providing NYSERDA with the
methodology that their consultants will use for the study. Mr. Chavkin stated that they working
to get approval for NYSERDA to conduct the study under the FlexTech Program. Mr. Chavkin
stated that the brown field conditions of the site will not allow for geothermal drilled wells so
they are investigating the use of a thermal energy foundation to utilize the piles on the building
site as the geothermal heat exchange. The study needs to be completed in order to determine if
the site would handle the amount of energy that the buildings would require and to determine if it
would be a cost effective solution. Mr. Chavkin stated that he would provide updates to the
Planning Board.
Anthony Catalano asked Peter Chavkin if there are plans for test wells in a pilot area to
determine the feasibility of the thermal energy foundations.
Peter Chavkin stated that it will be a preliminary desk study using energy models that will not
require physical investigation.
Kersten Harries recommended that alternate heat sources such as air source heat pumps, solar
panels, radiant floor heating, be included in the plans for the townhomes.
Peter Chavkin requested that the Planning Board schedule a public hearing for the October
meeting.
12

(9/17/20)

�Motion was made schedule a public hearing for the October 22, 2020 meeting.
Moved: Chairperson Hsu
Seconded: Brennan
Chairperson Hsu - yes
Kersten Harries - yes
Lindsay Krakauer - yes
Erin Carney - yes
Matthew Brennan - yes
Ed McCarthy - yes
Vote 6-0

APPROVED

6. Sleepy Hollow Residences, LLC, Edge-on-Hudson Riverfront Development, 199
Beekman Avenue, Phase II, Block-F, Amended site plan - Preliminary presentation
Mark P. Weingarten, Esq. is a partner in the law firm of Delbello Donnellan Weingarten Wise &amp;
Wiederkehr, LLP representing the applicant. Mr. Weingarten stated that Block-F is being
developed by Hines Interests Ltd.. The application is consistent with the previously approved site
plan that included (246) rental apartments with residential amenities and an on-site garage. The
original site plan approval permitted (426) parking spaces in the garage. Upon preparation of the
construction drawings, it was determined that the Zoning Code required (1) additional parking
space to bring the total to (427) parking spaces. It was also determined that an additional (50)
spaces could be added within the garage, without any required structural changes, providing a
total of (477) parking spaces. They intend to use (32) of the additional publicly accessible
parking spaces to satisfy the parking requirements of the future project at Block-H, and (18)
parking spaces will be allocated to Block-M. Mr. Weingarten stated that they expect that the
additional parking spaces will accommodate the anticipated retail and restaurant uses.
Grant Jaber is a Managing Partner of Hines Interests Ltd. and stated that during the construction
design of the five and one-half-story garage, they determined they had (50) more available
spaces above the minimum parking requirements. They are proposing to offer the additional
parking spaces as public parking to the future commercial retail parcels. Their construction bank
lender requested that they submit a site plan approval that was consistent with the construction
drawings. Mr. Jaber requested that the Planning Board schedule a public hearing for October 22,
2020.
Peter Chavkin is a Managing Partner of Biddle Real Estate Ventures and stated that when they
designed the original Phase II Site Plan and the five and one-half-story garage, they knew that it
could accommodate the extra (50) parking spaces. Mr. Chavkin stated that they only included the
minimum parking space requirements in the site plan documents because some multi-family
developers prefer not to include public parking spaces inside their buildings garage. There is no
proposed change to the garage structure. Peter Chavkin asked Clinton Smith if this application
requires a public hearing.
Clinton Smith stated that the Village Code allows the Board to waive a public hearing for a
minor site plan amendment.
13

(9/17/20)

�Clinton Smith asked if the size of the parking spaces are changing and asked for the size of each
space.
Grant Jaber stated that the parking spaces are the sizes as required by the code.
Sean McCarthy stated that the proposed parking garage contains full size spaces that are 9 x 18
feet, handicapped spaces, and a series of compact parking spaces that are permitted by code.
David Smith asked how the public parking spaces are interfaced with the parking spaces for the
resident parking spaces, and if there will be signage indicating that there is public parking
available in the garage.
Grant Jaber stated that the public parking spaces will be located at the grade level of the garage
and will not be gated. The upper levels of the garage will be secured for residents only. Signage
will be provided to indicate the location of public parking spaces.
David Smith asked if the additional public parking spaces will be to support the retail
components in Building H and Building M.
Mark Weingarten confirmed that the additional parking spaces would be used to support the
retail spaces for the Building H and Building M.
Peter Chavkin stated that when Block-H was originally approved there was a deficit called out of
(30) units for the commercial parking requirement. When the site plan was approved by the
Planning Board, it was recognized that those parking spaces would be required elsewhere.
Mark Weingarten stated that they are not requesting to increase the overall parking spaces or unit
count requirements; they are shifting locations. Mark Weingarten requested that the Planning
Board set a public hearing for the October meeting. If it is determined that a public hearing is
not required for resolution approval, the Planning Board can waive the hearing on the day of the
meeting.
Chairperson Hsu asked Sean McCarthy to verify the Code and the Planning Boards ability to
waive a public hearing for a minor site plan amendment.
Sean McCarthy stated that he will verify the Village Code in relation to site plan amendments.
Motion was made to schedule a public hearing for the October 22, 2020 meeting.
Moved: Chairperson Hsu
Seconded: Harries
Chairperson Hsu - yes
Kersten Harries - yes
Lindsay Krakauer - yes
Erin Carney - yes
Matthew Brennan - yes
Ed McCarthy - yes
14

(9/17/20)

�Vote 6-0

APPROVED

7. GYT Leasing Inc., 215 North Broadway, Amended site plan - Presentation
Lia Montenegro is an associate of Gloede Neon Signs representing the Chestnut Market for a
proposed site plan amendment. Ms. Montergro presented photographs of the existing conditions
and color renderings and summarized the proposed signage locations, sizes, signage materials,
and colors.
Chairperson Hsu asked if she received the memo from David Smith.
Lia Montergro stated that she received the memo from David Smith.
Chairperson Hsu requested that she prepare a response for the next presentation.
Motion was made to schedule a public hearing for the October 22, 2020 meeting.
Moved: McCarthy
Seconded: Chairperson Hsu
Chairperson Hsu - yes
Kersten Harries - yes
Lindsay Krakauer - yes
Erin Carney - yes
Matthew Brennan - yes
Ed McCarthy - yes
Vote 6-0

APPROVED

8. Ivan and Sonia Vukusic, 143 Webber Avenue, Proposes subdivision - Presentation
Michael Stein, P.E., is the President of Hudson Engineering &amp; Consulting, P.C. representing the
applicant. Mr. Stein presented the proposed subdivision site plan and stated that they propose to
subdivide the property to create (2) additional lots along the frontage of the property. The
existing house will remain. They have completed the field testing and percolation deep hole
testing. Mr. Stein stated they are contracting a wetlands specialist and soil scientist to evaluate
the site in order to address the comments received from James Natarelli.
James Natarelli questioned if the electrical service for the lot behind the property may be a
situation for concern.
Michael Stein presented that proposed site plan and stated that the existing electrical line serves
the two properties to the rear of lot of 143 Webber Avenue. Electrical service lines will need to
be relocated underground along the existing easement within the set-back on the right side.
Chairperson Hsu asked if the wetlands experts' findings could be completed and submitted by
October 8, 2020 and be prepared to present at the October 22, 2020 meeting.

15

(9/17/20)

�Michael Stein stated that they should be able to submit the wetlands expert findings by October
8, 2020 or they will request adjournment to the next meeting.
Motion was made to schedule a public hearing for the October 22, 2020 meeting.
Moved: Chairperson Hsu
Seconded: Krakauer
Chairperson Hsu - yes
Kersten Harries - yes
Lindsay Krakauer - yes
Erin Carney - yes
Matthew Brennan - yes
Ed McCarthy - yes
Vote 6-0

APPROVED

9. Approval of minutes- July 16, 2020
Motion was made to approve the July 16, 2020 minutes.
Moved: Chairperson Hsu
Seconded: Brennan
Chairperson Hsu - yes
Thomas Andruss - yes
Kersten Harries - yes
Lindsay Krakauer - yes
Erin Carney - yes
Matthew Brennan - yes
Ed McCarthy - yes
Vote 6-0

APPROVED

Motion was made to adjourn the meeting at 11:17 PM.
Moved: Chairperson Hsu

Seconded: Krakauer

Vote 6-0

Respectfully submitted,
Pa^yuAz/K^M
Pamela Kroll
Secretary to the Planning Board

16

(9/17/20)

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