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                  <text>Village of Sleepy Hollow
Planning Board Meeting
December 19, 2019
The regular meeting was called to order at 8:00 PM by Chairperson Marjorie Hsu.
Present:

Marjorie Hsu, Chairperson
Matthew Brennan
Erin Carney
Thomas Andruss

Also Present:

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

Absent:

Lindsay Krakauer
Ed McCarthy
Kersten Harries

Agenda:
1) Open Door Family Medical Center, Inc, 300 North Broadway, Amended site plan
approval - Public hearing
2) Sleepy Hollow Local Development Corporation, 60 Continental Street, East Parcel
filling operations permit amendment- Presentation
3) Jonathan Villani, 30 Andrews Lane, Proposed townhouse development - Discussion
4) Form.01 LLC, 34 Hudson Street, Proposed two-family residence- Preliminary
presentation
5) Floating Zone, - Discussion
6) Approval of minutes - October 17, 2019, November 21, 2019
Chairperson Hsu read the agenda.
1. Open Door Family Medical Center, Inc. 300 North Broadway, Amended site plan
approval- Public hearing
Motion was made to open the public hearing.
Moved: Chairperson Hsu
Seconded: Andruss

Vote 4-0

Gary Gianfrancesco is an Architect from Arconics Architecture P.C. representing the applicant
and stated that they propose to install a 22 KW emergency stand-by generator fueled by (3) 120
gallon propane tanks. The purpose of the generator is to preserve refrigerated vaccines and
1

(11/21/19)

�medications and support minimal heat to maintain the buildings pipes from freezing if there is a
power failure. The proposed generator and tanks will be located within an existing fenced-in
trash enclosure. The proposed generator unit will be tucked in on one side of the building where
there is an existing 22 foot high wall and a 6 foot high retaining wall. Sounds created by the
generator will emanate and dissipate towards the property owned by Open Door on 310 North
Broadway. The generator motor will be exercised at low speed weekly from 12:00 noon to
12:20 pm.
Matthew Brennan questioned how the generator will be accessed for maintenance service.
Gary Gianfrancesco stated that the proposed generator location will allow for full access to walk
around the unit.
Chairperson Hsu questioned how many generator service hours can be provided with 360 gallons
of propane fuel.
Gary Gianfrancesco stated that the generator could run for three to four days on 360 gallons of
propane fuel. The use of propane fuel is proposed due to the difficulty they would have in
upgrading and relocating the gas service with Con-Edison. The proposed location of the propane
tanks will allow for easy refill deliveries.
Chairperson Hsu solicited comments from the Board.
Clinton Smith asked if the property qualifies for the Historical registry.
Gary Gianfrancesco stated the property does not qualify for the Historical registry.
Matthew Brennan asked if the application would require approvals from the Fire Department.
Gary Gianfrancesco stated that the Building Department's review and approval of the application
is required.
Sean McCarthy stated that the application does not require approval from the Fire Department.
Chairperson Hsu solicited comments from the public.
There were no comments from the public.
Motion was made to close the public hearing.
Moved: Andruss
Seconded: Brennan

Vote 4-0

David Smith stated that the Planning Board has a resolution before them to support the site plan
amendment and read the conditions.
Motion was made to approve the resolution.
Moved: Brennan
Seconded: Andruss
2

(12/19/19)

�Chairperson Hsu - yes
Thomas Andruss - yes
Matthew Brennan - yes
Erin Carney - yes
Vote 4-0

APPROVED

2. Sleepy Hollow Local Development Corporation, 60 Continental Street, East Parcel
Filling operations permit amendment- Presentation
David Smith stated that the applicant is in the process of finishing the work related to the
installation of the new water and sewer lines for the East Parcel. The filling of the site for the
proposed new DPW building requires the wick drain process to help the land settle. The
applicant is currently getting clean fill delivered to the East Parcel based on prior approvals of a
maximum fifty truck trips per day. The delivery of clean fill at no cost provides an economical
benefit to the Village and the Sleepy Hollow Local Development Corporation (the "LDC"). The
LDC is requesting approval to increase the truck deliveries from fifty trucks per day to a
maximum of seventy-five trucks per day while observing the same routes and black-out periods.
Mr. Smith stated that the request is for a site plan condition to be added to the approval to allow
additional truck trips.
Mayor Ken Wray stated that the increase in daily truck deliveries would allow the LDC to reduce
the time required for site filling and allow them to complete the process by early June of 2020.
This would also reduce the amount of trucks on the roads in the summer when the village is more
active outdoors. Mayor Wray stated that although the LDC is getting the fill materials and the
deliveries at no cost, they are paying approximately $4.50-$5.00 daily per yard of fill for the
costs associated with the requirements of Department of Environmental Conservation (the
"DEC") and the environmental engineers to ensure the fill coming into the site is clean. The
opportunity to get more fill deliveries would be cost effective and allow the LDC to obtain the
fill appropriate for the site and finish the process early. Mayor Wray stated that the delivery
trucks come into the site as a convoy approximately 3 to 4 times per week. They anticipate
increasing the truck deliveries from forty trips per day to sixty-five trips per day.
Matthew Brennan asked what process is in place to ensure that high quality soil is being
delivered to the site.
Mayor Ken Wray stated that the soil is tested for approval by the DEC before it is transported to
the site; every truck is equipped with paperwork that is checked every time the truck enters the
site.
Matthew Brennan asked if there is enough soil available now to fill their needs through June.
Mayor Ken Wray stated that they are hopeful that the source they are using will continue to be
available and is a reason why they want to take advantage of the opportunity now.

3

(12/19/19)

�David Smith stated that the LDC has retained a consultant named Josh Ford to coordinate the
importing of fill and that there are other project sources that could provide fill if the need arises.
Chairperson Hsu asked Mayor Wray to provide the cost savings for getting free fill material and
delivery to the site.
Mayor Ken Wray stated that the estimated costs to supply and deliver fill to the site would be up
to $30.00 per yard depending on the demand and availability of clean fill material. Mayor Wray
stated that the site will require approximately one-hundred and twenty-thousand yards of fill.
Mayor Wray stated that he has periodic informal meetings with a neighborhood group of
residents that live on Continental Street and Pleasant Street and that they have no objections to
the proposed application.
Matthew Brennan asked if the truck delivery road routes will be monitored and what route the
trucks will use for access.
Mayor Ken Wray stated that the trucks meet in a parking lot in Tarrytown and leave just before
the allowed time of 7:00 am to get on the road for delivery to the site. There are future plans to
widen Continental Street for two-way access in some areas.
David Smith stated that the Planning Board has a resolution before them to support the site plan
condition amendment.
Motion was made to approve the resolution.
Moved: Brennan
Seconded: Andruss
Chairperson Hsu - yes
Thomas Andruss - yes
Matthew Brennan - yes
Erin Carney - yes
Vote 4-0

APPROVED

Clinton Smith stated the Environmental Assessment Form should say that the East and West
Parcels are subject to environmental clean-up and remediation.
3. Jonathan Villani, 30 Andrews Lane, Proposed townhouse development- Discussion
Jonathan Villani of Annunziata &amp; Villani Design Consultants, Inc. stated that as per the
suggestions received at the November 21, 2019 Planning Board meeting, the proposed plan will
move the two building structures closer to Andrews Lane and stagger the units to distinguish the
separation between the units, and create a larger open communal space at the rear of the property
that will be 4,381 square feet. Mr. Villlani stated that balconies will be added to the back of the
building units and minor alterations are proposed to the porches and walkways. Mr. Villani
requested site layout approval from the Planning Board and Consultants so they he may move
forward with preparing detailed drawings to address locations of significant equipment,
alternative energy efficiency options, elevations, and floor plans for the buildings.
4

(12/19/19)

�Chairperson Hsu stated that the Board appreciates his responsiveness to the comments and the
changes that have been incorporated into the plan. Chairperson Hsu asked Mr. Villani if there
was an update for the proposed energy plan.
Jonathan Villani stated that if this site plan is solidified, he will develop a more complete set of
drawings to be presented at the February meeting.
Sean McCarthy stated that the required variances must be identified.
Jonathan Villani stated that he will confirm the coverage variance required for approval from the
Zoning Board of Appeals.
Chairperson Hsu stated the Planning Board recommends the Applicant submit applications to the
Zoning Board of Appeals for the required variances and the Village Board of Trustees for the
firetruck emergency egress through the municipal lot.
Jonathan Villani stated that he will submit applications for the Zoning Board of Appeals, the
Planning Board and the Village Board for the February 2020 meetings.
No action was taken.
4. Form.01 LLC, 34 Hudson Street, Proposed two-family residence - Preliminary
presentation
Brian Hopkins stated that he and his business partner Philip Holub are the developers and the
architects of Form.01 LLC and that this will be their first ground up development project in
Sleepy Hollow. Mr. Hopkins stated that the proposed residence is located 0.4 miles from the
downtown village, and 0.4 miles from the Tarrytown train station. The proposed development is
targeted for modern income individuals and will be priced in the $500,000 purchase range. The
property is an existing undersize lot of approximately 2,500 square feet where the minimum
required lot size is 4,000 square feet. The existing building has a non-conforming front yard setback and north side yard set-back. The application proposes to demolish a three-family residence
and construct a two-family residence. The proposed application will reduce the density and stay
within the existing footprint. A rear addition is proposed in order to increase the existing gross
floor plan and utilize the maximum permitted roof height of 35 feet. Neighboring properties have
similar non-conformities for bulk, set-backs, and heights. Three front porticos and porches are
proposed with dormers on top to create a more open look. Mr. Hopkins stated that there is an
existing fire hydrant in front of 36 Hudson Street. There is existing storm water infrastructure
that can be used for the roof and there will be retention tanks in the back. Both units will be twostory two-bedroom units, approximately 1,200 square feet. The first floor unit will have a living
room, kitchen/dining room, hall bathroom and small bedroom on the first level and the master
bedroom and bathroom on the second level. The second floor unit will have the master bedroom
and bathroom on the first level and then the living space on the second level. The first floor unit
will have access to the backyard and the garden and the second floor unit will have river views.
The proposed fa9ade is designed to be a Hudson Valley bracketed style derived from a farm
5

(12/19/19)

�house style with open porches. The proposed fa9ade materials will be HardiePlank boards, Trex
decking for the porches, vinyl siding on the sides that are not visible, a combination of composite
slate and asphalt shingles for the roofing, and Andersen windows and doors. Mr. Hopkins stated
that the plan is to have six modular sections constructed on the extended and the existing
foundation. The exterior facade and interior finishes will be completed by Form.01 LLC after the
modular sections are fastened together by the modular company.
Chairperson Hsu asked for the cost implications to construct a modular verses a stick built
structure.
Brian Hopkins stated that it is much faster to construct a modular house; it will take
approximately two months for the modular to be built in the factory. Once the boxes are set,
they should be able to complete the remainder of the work in two months. Mr. Hopkins projected
they can complete construction within six months. Mr. Hopkins stated that modular construction
is twenty percent less in costs verses stick build construction.
Matthew Brennan asked if the modular company will be able to get the pieces into the site.
Brian Hopkins stated that Westchester Modular Company inspected the site and confirmed that
they install the modular units on the site.
Matthew Brennan asked if there will be on-site parking.
Brian Hopkins stated that there is no on-site parking and no feasible way to add parking on the
lot. They will be seeking a variance for the two required parking spaces.
Thomas Andruss asked Sean McCarthy if there are any concerns in regards to the weight of the
modular components going over the bridges.
Sean McCarthy stated that the modular components will be coming over the new Beekman
Avenue Bridge that was built for the Edge-on-Hudson Development which can handle the
weight of modular pieces as well as concrete trucks and anything else needed for construction.
Matthew Brennan asked Brian Hopkins if the units are being built for their own account or for
sale of the property to an investor.
Brian Hopkins stated that they will need to hold onto the property for five years in order to profit
from their investment. The plan is to rent one of the units and have an investor live in the other
unit.
Thomas Andruss asked if the upper unit will have any access to the open space and deck in the
rear yard.
Brian Hopkins stated that only the lower unit will have access to the backyard.

6

(12/19/19)

�Philip Holub stated that heating and cooling systems will consist of mini-split heat pumps that
will be concealed in the basement and attic space to provide three separate zones for each unit.
They will work with Westchester Modular to locate the condensate lines. Mr. Holub stated that
it is a very energy efficient system and there are no oil or propane tanks. There will be one
condenser to serve each unit located in the rear of the property.
Brian Hopkins stated that they will utilize the three existing electrical meters; one for each unit
and one for the common space in the basement.
Chairperson Hsu asked if the basement will be used as storage space.
Brian Hopkins stated that the basement will be used for storage and utility components. The
height restraints will not allow the basement to be used for livable space.
Chairperson Hsu asked if the basement can be dug out deeper to extend the basement height.
Brian Hopkins stated that the costs for a new foundation would be over $100,000 and that they
plan on using piles with grade beams for the basement extension.
James Natarelli asked Mr. Hopkins where existing storm water systems are located on the site.
Philip Holub stated that there is an old PVC storm water line that runs out to the street and
another old terra cotta drain in the back of the property.
James Natarelli questioned if the existing storm water line has a direct connection to the street or
if it discharges to daylight.
Philip Holub stated that it connects out to the storm sewer.
James Natarelli stated that there is not a storm sewer on Hudson Street and that they would have
research if there is currently an illicit connection to the street.
Chairperson Hsu referred the application to the Zoning Board of Appeals and set a Planning
Board public hearing date for January 16, 2020.
5. Floating Zone- Discussion
David Smith stated that as part of the Village's adopted Comprehensive Plan, a draft has been
commissioned for specific zoning language called the Strategic Property Redevelopment
("SPR") Floating Zone. It is proposed that the Floating Zone will have specific criteria that will
allow the zone to land on specific properties. The proposal includes properties that are owned by
municipal or government related entities, properties that are located within one-half mile from a
Metro-North Train Station or within 1,000 linear feet from a dedicated bus stop. Also, properties
must be located within the inner Village as detailed in the Village of Sleepy Hollow
Comprehensive Plan.
7

(12/19/19)

�Matthew Brennan asked how many buildings will be associated with the properties that meet the
proposed Floating Zone criteria.
David Smith stated that the properties included are the Village Hall, ambulance corporation, fire
houses, the United Auto Workers (the "UAW") property, the Department of Public Works (the
"DPW") building, and the senior center.
Matthew Brennan questioned if the SPR Floating Zone will be available for privately owned
commercial properties.
David Smith stated that the proposed Floating Zone does not incorporate or allow for private
property owners to utilize the zone designation. The intention is to allow the Village an
incentive to redevelop certain properties or assets and to allow the development community to
get properties back on the tax rolls and into the stream of commerce. Mr. Smith stated the
proposed zoning designation will be targeted to properties located in the inner village
community.
Chairperson Hsu asked Mr. Smith to explain why there is not a proposed floating zone concept
that would include private development.
Mayor Ken Wray stated that the Board is being careful and cautious in how the proposed
Floating Zone concept is introduced and why they propose to restrict it to village owned
properties. Mayor Wray stated that they propose to use the UAW building located at 193
Beekman Avenue as a test property project to see if the concept works. If the concept works and
it is adopted by the Village, they will continue to use it for more projects. It is possible that it
could be opened up to privately owned properties in the village but they will be restricted to the
same geographical areas of where the village owns or controls property. Mayor Wray stated that
although the Village owns the East Parcel, they are not permitted to build commercial or
residential properties on the site.
David Smith stated that a draft of the SPR Floating Zone language was prepared and submitted
to the Village Board of Trustees for their initial consideration in September. A presentation was
given to the Village Board by Professor John Nolan, from Pace Land Use Law, to provide an
overview of the Floating Zone Concept and how it has been applied in other communities, the
legal rational, and the history behind the concept. The Village Board provided comments that
initiated a revised draft of the Floating Zone Concept. The Village Board held a public hearing
for the proposed zoning text amendment including a referral, as per the Village Code, to the
Planning Board for review and recommendations. The proposed zoning text amendment has also
been referred to the Westchester County Planning Board, the New York Department of State,
and the New York State Department of Environmental Conservation (the "DEC") as required by
New York Stated Environmental Quality Review Act ("SEQRA"). Mr. Smith stated that
application of the Floating Zone for a particular piece of property will be a purely discretionary
action by the Village Board. David Smith stated that the proposed bulk and dimensional
standards for the SPR Floating Zone will provide opportunities that may allow for relieve from
certain set-back requirements, incentives for increasing Floor Area Ratio ("FAR") and height.
The SPR Floating Zone will provide opportunities that may allow non-residential uses to occur
8

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�on upper floors of mixed-use buildings as part of a Special Permit issued by the Village Board.
The orientation of the proposed amendment language as a Transit -Oriented Development
("TOD") may provide relief from parking requirements as part of a Special Permit issued by the
Village Board. David Smith stated that there is a procedural process required for the request of a
Special Permit from the Village Board for development incentives. There is a series of
development incentives that an applicant may provide to the Village for relief from certain
zoning code requirements and as defined from the provision of affordable housing by
Westchester County and the provision of improvements to public parks or streetscape and
landscape improvements within the inner village neighborhood.
Matthew Brennan asked David Smith if only the development of municipal properties will be
permitted to utilize the proposed incentive. Mr. Brennan asked if the municipal agency will have
to follow all the procedure standards and will the obligations still allow for development
incentives to be worthwhile.
David Smith stated that the applicant will have to present their case to the Village Board as to
why the Village should incentivize the development based on weighing the balance of the
improvements that would occur in the village as a result of the new development.
Chairperson Hsu stated that the Planning Board will need some time to review the document and
the Board will schedule a work session to draft comments for submission to the Board of
Trustees.
Mayor Ken Wray stated that an important note to remember in the Boards' role of this
continuing process is that everything else in the Village Code will stay the same. Consideration
of granting SPR Floating Zone requests will have to go through a public hearing and the
Planning Board. The Planning Board would have an ongoing recommendation and oversite role
of the process. Mayor Wray stated that the Board has kept the public hearing open for a couple
of weeks and it is scheduled to be reopened at the January 14, 2020 regular meeting. If the need
arises they will keep it open longer. Mayor Wray stated that he looks forward to the Planning
Boards deliberate response to the Floating Zone draft.
Matthew Brennan asked Mayor Wray what properties they are considering for the Floating Zone
criteria.
Mayor Ken Wray stated that the properties they are considering for the Floating Zone application
are the DPW building and the property at 193 Beekman Avenue.
Discussion ensued on tentative dates for a work session.
No action was taken.
6. Approval of minutes- October 17, 2019, November 21, 2019
Approval of the October 17, 2019 minutes were deferred to the January 16, 2019 meeting.
Approval of the November 21, 2019 minutes were deferred to the January 16, 2019 meeting
9

(12/19/19)

�Motion was made to adjourn the meeting at 9:25 PM.
Moved: Chairperson Hsu
Seconded: Andruss

Vote 5-0

Respectfully submitted,
PaSyuL&amp;L

/yt

Pamela Kroll
Secretary to the Planning Board

10

(12/19/19)

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