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                  <text>Village of Sleepy Hollow
Planning Board Meeting
June 20, 2019
The regular meeting was called to order at 8:00 PM by Chairperson Marjorie Hsu.
Present:

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

Absent:

Lindsay Krakauer

Also Present:

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

Agenda:
1) Landrock LLC, 231 Webber Avenue, Proposed subdivision- Continued public hearing
2) Katarzyna Arencibia, 160 Harwood Avenue, Tree removal appeal - Discussion
3) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
199 Beekman Avenue, Phase III preliminary subdivision and roads and infrastructure site
plan- Preliminary presentation
4) Arkady &amp; Diana Selenow, 11 Pokahoe Drive, Proposed addition and alterations,
Wetlands Watercourse Permit - Preliminary presentation
5) Approval of minutes - May 16, 2019
Chairperson Hsu read the agenda.
1. Landrock LLC, 231 Webber Avenue, Proposed subdivision- Continued public hearing
Motion was made to reopen the public hearing.
Moved: Brennan
Seconded: Andruss

Vote 6-0

William S. Null is a Partner with Cuddy &amp; Feder LLP and the attorney representing Landrock
LLC for the proposed subdivision application. Mr. Null stated that responses have been
submitted to address the comments and questions from the Board and the consultants. Mr. Null
stated that there have not been any changes to the revised plans since the June 6, 2019
submission.
1

(6/20/19)

�Donna Maiello is a Senior Associate at Divney Tung Schwalbe, LLP representing Landrock
LLC. Ms. Maiello stated that the revised plans and reports submitted on June 6, 2019 included
an update to the Storm Water Management Report, including expanded PondPack Output
results, revised tables to correct inconsistencies between the pre-development and development
area, and the StormTech worksheet that includes area and volume calculations. Ms. Maiello
stated that the grading and utility plan was updated to increase the size of the six infiltration
systems so that the site could infiltrate and retain the 100 year storm and sumps with hooded
outlets were added at each of the drain inlets. Ms. Maiello stated that the erosion and sediment
control plan was updated to include temporary soil stock piles and construction entrances at each
of the three conceptual house and driveway locations. Ms. Maiello stated that a memo provided
by James Natarelli on June 18, 2019 pointed out that there are some discrepancies between the
tables and charts and some of the infiltration rates and conversion calculations provided in the
Stormwater Report. Ms. Maiello stated that the infiltration rates will be a bit lower than what
was documented in the report and that the infiltration practices will be larger than shown on the
last plan. Ms. Maiello stated that the area and depth to ground water and rock will allow the
infiltration practices to be easily increased to accommodate the correct infiltration rates. Ms.
Maiello stated that driveway infiltration practices will be maintained by either an easement
agreement or a homeowner association bi-law among the three lot owners. Ms. Maiello stated
that the Fire Department has not reviewed the lot two driveway change but on the previous
driveway plan, the Fire Department did not have any comments.
Kersten Harries asked if the water main will be looped.
Donna Maiello stated that the water main is approximately 1400 feet from where it currently
terminates. In order to not have a loop system, a backflow preventer was installed near Webber
Avenue and a hydrant was installed at the top of the system to allow for flushing of the system.
Ms. Maiello stated that the Westchester County Department of Health will opine on the proposed
system when they file their application.
William Null stated that the cost of installing a backflow preventer was approximately fifty
thousand dollars and the cost for building the extensions to loop the water main would be
approximately one hundred and forty thousand dollars to complete. Mr. Null stated that they
have been working with the Lydens, the neighboring property owners, to address their concerns
regarding the pedestrian equestrian easement and the use of Gorey Brook Road. Mr. Null stated
that they proposed an agreement that would implement the pedestrian and equestrian easements
by relocating the access to the park through Gorey Brook Road, rather than, across the Landrock
property, and to confirm that the emergency access over Gorey Brook Road is not a problem for
Landrock to service the three lots. Mr. Null stated that lots one and two will not have access on
Gorey Brook Road for vehicles. Lot three will have the ability to drive in or out as an alternative
access driveway. The principle driveway entrance is on Webber Avenue. Mr. Null stated that
there is contemplation for a gate to be installed for lot three at the end of Gorey Brook Road and
a gate to be installed at the northern end of the Landrock property for privacy. Mr. Null stated
that public access to the park from Gorey Brook Road would be relocated to the Croton
Aqueduct.
2

(6/20/19)

�Chairperson Hsu asked if parcel three will continue to use the driveway access on Webber
Avenue. Chairperson Hsu asked if access through Gorey Brook Road was only for emergency
access.
William Null stated that the driveway access on Webber Avenue will be the principle way of
getting in and out. Mr. Null stated that Landrock is not proposing a principle access from Gorey
Brook Road. The right of access of Gorey Brook Road has been a documented dispute between
Landrock and the Lydens. Mr. Null stated that Landrock has narrowed their request for the
vehicle right of access of Gorey Brook Road to be used by only lot three. Pedestrian use would
still be available.
Clinton Smith questioned the use of a secondary driveway.
William Null stated that Gorey Brook Road is an existing roadway that can be used as a vehicle
route but the principle way to get in and out will be from Webber Avenue. Landrock does not
want to abandon the ability to use Gorey Brook Road but proposes to limit the access to a single
driveway for one lot.
Clinton Smith asked if there are any plans for improvements to Gorey Brook Road.
Mr. Null stated that there are contemplations for future repairs to the stormwater system but there
are no plans to expand or change the existing areas of Gorey Brook Road.
Ed McCarthy asked if the pedestrian access to Rockefeller Park and the Croton Aqueduct
through the top of Gorey Brook Road would be eliminated.
Mr. Null stated that it is proposed to close off the Gorey Brook Road access to the park to allow
for privacy for the proposed homes.
Ed McCarthy stated that it seems unnecessary to close off Gorey Brook Road given the distance
that will exist between the road and proposed homes.
Chairperson Hsu asked where the proposed gates would be located.
William Null stated that one gate is proposed to be located approximately 75 feet north of where
there is an existing chain that closes off the road and the other would be located at the northern
end of the Gorey Brook Road. Mr. Null acknowledged that a plan would have to be submitted
for approval in order to proceed.
Sean McCarthy asked how the cars will turn around when they reach the gate that is located 75
feet north on Gorey Brook Road.
William Null stated that they anticipate there will be a need for signage and that they will
address the question when they submit an application for approval.

3

(6/20/19)

�Clinton Smith asked if Landrock has reviewed the categories of abandonment of a roadway for
pedestrians.
William Null stated that the public right of passage to the park will not be depleted as access is
provided through the Croton Aqueduct by a diversion of 15-20 feet.
Clinton Smith stated that there is still the matter of the Village surrendering the right that it has,
on behalf of the public, regarding the abandonment of a roadway for pedestrians.
William Null stated that the Village has that right and that it will be discussed further.
James Natarelli stated that when the backflow preventer was put in, the water line was a service
for a single lot and a subdivision was not considered at the time. Mr. Natarelli stated that the
hydrant installed on the top, at the end of the water line would be required to be installed
regardless of whether there is one house or a subdivision of the property.
Chairperson Hsu asked if the installation of the backflow preventer and the hydrant preceded the
plans for the three separate lots.
William Null stated that Chairperson Hsu was correct.
Chairperson Hsu solicited comments from the public.
There were no comments from the public.
William Null requested that the Board consider action to be taken for the application at the next
meeting.
Chairperson Hsu asked Mr. Null when they will be speaking to the Health Department in relation
to the water main loop.
Donna Maiello stated that as part of the Realty Subdivision Application, Landrock can file the
application but the Westchester County Department of Health cannot review or act on the
application until they receive the signed plat for the approved subdivision.
Chairperson Hsu asked the Village Attorney how procedurally the sequence of the subdivision
filing happens.
David Smith stated that she could direct the staff to prepare a draft resolution for the next
meeting and wait for additional information to come in. Mr. Smith stated that this would allow
the Board to be in the position to make a decision at the next meeting.
Motion was made to continue the public hearing to the July 18, 2019 meeting.
Moved: Harries
Seconded: McCarthy

4

Vote 6-0

(6/20/19)

�2. Katarzyna Arencibia, 160 Harwood Avenue, Tree removal appeal - Discussion
The applicant requested adjournment of the application until the next meeting.
3. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199
Beekman Avenue, Phase III preliminary subdivision and roads and infrastructure site
plan - Preliminary presentation
Janet Giris is a partner with DelBello Donnellan Weingarten Wise and Wiederkehr, LLP
representing Lighthouse Landing Communities, LLC. Ms. Giris provided a summary of the
Edge-on-Hudson project phases to date.
Andrew Tung is an associate of Divney Tung Schwalbe LLP. Mr. Tung stated the application
proposed is for the third phase of the infrastructure which includes the rights-of-way and the
public streets to be constructed and offered for dedication to the Village. Mr. Tung stated that
the improvements include the road pavement, curbs, sidewalks, street trees, street lights,
underground utilities, storm drainage, and the water and sewer that runs below the roads. Mr.
Tung stated that this third phase of the infrastructure will complete the road system for the Edgeon-Hudson project and will extend the infrastructure partially constructed and approved in Phase
I and Phase II. Building constructions are not included in this application. Mr. Tung stated that
they are proposing a subdivision of the parcel blocks that were created by the proposed
roadways. Mr. Tung stated that there is approximately 4000 linear feet of road that will extend
the road system to the western portion of the site. This application proposes three refinements to
the Riverfront Design Concept Plan. The landscaped roadway median at Palisades Boulevard
between Maxwell Drive and Westward Drive is proposed to be eliminated to provide a minimum
unobstructed pavement width of 26 feet as required by the New York State Fire Code for aerial
fire truck access and staging. Street trees will still be proposed to be planted on the sides of
Palisades Boulevard. Design Block-O and Block-P are now proposed to be built at the same
time; therefore they would like to hold off on the dedication of the roadway access until the site
plans are developed. The grassed traffic Island, originally located at the end of Lighthouse
Landing, at corner of the Block-R hotel site, is proposed to be a pedestrian connector from the
hotel entrance to the waterfront open space. Mr. Tung presented an overlay drawing to show the
original Riverfront Design Concept Plan and the proposed design differences. Mr. Tung
presented a summary of the extensions of the utility systems including the water, sanitary sewer,
and the storm drainage. Mr. Tung presented the continuation of the street tree system and a
review of the six species designated for each of the streets. Mr. Tung presented the proposed
preliminary subdivision plat and stated that is shows the overall road network that connects to
Beekman Avenue at the round-about. The third section of the waterfront open space is being
created with the proposed subdivision and will be designed and presented for approval before the
adjoining Blocks are submitted for site plan approval.
Kersten Harries asked if the redesigned proposed plaza between the hotel and the adjacent block
would be green riverfront open space.

5

(6/20/19)

�Andrew Tung stated that is will be green space designed in conjunction with the activity of the
open space that will be part of Block-R and provide a transition from the front of the hotel into
the waterfront open space.
Chairperson Hsu asked what the traffic flow is for guests that would be checking in at the hotel.
Andrew Tung stated that the primary drop off will be at the front entry of the hotel. There is
access to a driveway curb cut for parking in the garage of the hotel. There may also be parking
across the street that would have valet parking from the hotel entrance.
Peter Chavkin is a Managing Partner of Lighthouse Landing Communities. Mr. Chavkin stated
that the traffic island plaza green space was reconfigured in order to provide a seamless
integration from the hotel to the parking areas and well as access to the waterfront open space.
Chairperson Hsu asked where they envision having event space and street fairs.
Peter Chavkin presented a drawing and stated that the main event space is being designed as a
more organized promenade type park sandwiched along the street and water's edge with spaces
to have a food truck fair or a holiday market. Mr. Chavkin stated that the current plan is to have
gathering spaces inside the redesigned plaza area connecting to the waterfront front space near
the hotel and the lighthouse. Mr. Chavkin stated that the proposed median change at Palisades
Boulevard is consistent with the median changes made in Phase I along Legend Drive and in
Phase II. The Fire Code changes resulted in the reduction of the original median space and
therefore created areas that were not great for tree plantings. Mr. Chavkin stated that they
pushed the street closer together and put the green space behind the curb in the pedestrian realm,
in between the sidewalks and the buildings.
Chairperson Hsu asked if there will be a reduction in the number of trees planted.
Peter Chavkin stated that there may be a reduction in the number of trees based on the original
design. If the Village required them to keep the medians, there would not be enough width to
have viable tree plantings, only a grass strip. Mr. Chavkin stated that planting trees in the
pedestrian realm will eliminate the responsibility of the Village to maintain the plantings as they
will be on privately owned property.
David Smith stated that the roadways could be expanded to accommodate the width of both lanes
of the roadway and a substantial planted median as shown on the plan; thus creating less
development area to work with. Mr. Smith stated that the applicant is not proposing
modification to the building blocks.
Kersten Harries asked for the square footage proposed for the open space area in the original
traffic island plaza verses the new design. Ms. Harries requested that an overlay plan be
provided to show the old and new designs for the planted median areas.

6

(6/20/19)

�Peter Chavkin stated that they could measure the open space but believes there will be more
space available in the new plaza design. Mr. Chavkin agreed to provide a plan to show the
median section changes.
David Smith requested that the applicant provide visual updates to show the progression on what
is being planned for the waterfront open spaces.
Peter Chavkin agreed to bring a draft of the planned waterfront open spaces to the next
presentation.
Chairperson Hsu stated that if the road as proposed, which precludes the planted median, there
will be a reduction in the number of trees planted in Phase II and possibly in Phase III.
Chairperson Hsu suggested they make a contribution to the Village Tree Fund.
Sean McCarthy asked if the applicant will seek approval for the repositioning of the road
between Block-O and Block-P prior to the issue of a Building Permit in order to build the roads
and infrastructure. Mr. McCarthy asked how the elevations and drainage plans would be
configured if the road is moved.
Peter Chavkin stated that they are not including the road now because they are unsure of the
development plans for those Blocks.
Chairperson Hsu asked if there is a wireless communication plan in place for small cell network
or a distributed outdoor antenna system.
Andrew Tung stated that the wireless communication systems will be coordinated with the
Village since the streets will be owned by the Village.
Anthony Catalano asked Andrew Tung to clarify the dimensions and use of the two outfalls,
shown on the plan, in comparison to what was discussed previously in Phase II.
Andrew Tung stated that one outfall was installed in Phase I and that a new 48 inch outfall is
proposed to be installed as part of this application.
David Smith asked for direction from the Planning Board to request clarification from the
Village Board on a comparison of the Riverfront Concept Development Plan with what is being
proposed in the application.
Chairperson Hsu agreed to direct staff to prepare a memo to the Village Board.
The discussion will be continued at the July 18, 2019 meeting.
4. Arkady &amp; Diana Selenow, 11 Pokahoe Drive, Proposed addition and alterations,
Wetlands Watercourse Permit - Preliminary presentation

7

(6/20/19)

�Nicholas Shirriah is an associate at Hudson Engineering &amp; Consulting, P.C. and representing the
applicant. Mr. Shirriah presented the stormwater management plan to show the proposed
additions and alterations on the site and the stormwater management system. Mr. Shirriah stated
that the stormwater management system is designed to accept the 100 year storm and the
proposed additions are approximately 1,972 square feet of impervious surface and include 794
square feet of roof area on the existing house. Mr. Shirriah stated that a 322 square foot
driveway extension is proposed. Mr. Shirriah stated that there is an existing drain inlet piped to
an existing manhole structure that should be able to accept the runoff for the proposed driveway
extension, but the capacity needs to be confirmed on site.
Chairperson Hsu solicited comments from the Board.
Sean McCarthy asked Mr. Shirriah to describe the work that will occur in the Wetland or the
Wetland Buffer area.
Nicholas Shirriah stated that the property is located within the 100 foot buffer of the Wetlands
and that there is a wetland flag that denotes that there is an existing storm system pipe that drains
in the location as shown on the plan. Mr. Shirriah stated the proposed construction area occurring
in the Wetlands Buffer is approximately 5,500 square feet as shown on the plan for the two-story
addition and the stormwater system. Mr. Shirriah stated that the proposed work is approximately
60 feet away from the wetland area.
David Smith asked for the amount of disturbance to the Wetland Buffer including grading, new
buildings, and impervious surface.
Nicholas Shirriah stated that the area of disturbance is approximately 1.3 acres, 5,500 square feet
including grading.
Thomas Andruss requested that a response to the Village Planners review memo questions,
related to the Village Code, be prepared for the next session.
Nicholas Shirriah stated that Beth Evans, the wetlands consultant, does not have any issues with
the proposed actions and will be writing a report to submit on their behalf.
Chairperson Hsu asked what the mitigation plan will be.
Nicholas Shirriah stated that the work proposed is well above the wetlands area but that since
trees are proposed for removal, tree replacements would be appropriate.
Chairperson Hsu stated that a wetlands mitigation plan, beyond tree replacements, is required.
Nicholas Shirriah agreed to look into it further.
Chairperson Hsu asked Mr. Shirrah to confirm that he has received the comments from the
Village Planner and the Village Engineer.
8

(6/20/19)

�Nicholas Shirriah stated that he has received the comments and has had a discussion with James
Natarelli. The plans he is presenting the Board includes revisions based on the comments
received by James but has not been submitted to the Board yet. Mr. Shirriah stated that the only
issue that still needs to be clarified is how they are going to capture the proposed driveway
extension. A 12" x 12" drain inlet has been added for water quality consideration prior to pipes
going into the stormwater management system. The clean out details have been revised for
Cultec access.
James Natarelli stated that the design engineer has been thorough with this submission and
agrees that the issues are minor and easy to resolve. Mr. Natarelli stated that he noticed that
there is a 10" corrugated metal pipe located on the downhill side of the proposed addition. Mr.
Natarelli asked where the pipe comes from as it seems like there is an easement.
Tim Lener is the Architect representing the applicant. Mr. Lener stated that there are two storm
drains up the road, one on the side of 11 Pokahoe Drive with a stormwater easement that runs on
the south side of the property. Mr. Lener presented the survey to show the direction that the 10"
pipe flows and where it flows out into a drainage ditch. Mr. Lener stated that this pipe is the
reason why the area was flagged. When it rains, the surface water drains into the wetlands. Mr.
Lener stated the actual true wetlands is located at the bottom of the hill and that if it wasn't for
the pipe bringing the street water onto the property, it would be outside of the wetlands buffer.
James Natarelli asked if the exact location of the pipe has been verified.
Tim Lener stated the TC Merritts Land Surveyors verified the location of the pipe.
Tim Lener requested to schedule a public hearing for the next meeting. Mr. Lener stated that they
will address all the comments, submit a report from Beth Evans, and deal with the tree concerns.
Chairperson Hsu asked the Board if there are any concerns with setting the public hearing for
July 18, 2019.
Sean McCarthy stated that he has no concerns with setting the public hearing for July 18, 2019.
Motion was made to schedule a public hearing for the July 18, 2019 meeting.
Moved: Harries
Seconded: Andruss

Vote 6-0

5. Approval of minutes- May 16, 2019
Motion was made to approve the May 16, 2019 minutes.
Moved: Andruss
Seconded: Harries
Chairperson Marjorie Hsu - yes
Tom Andruss - yes
Erin Carney -yes
Ed McCarthy - yes
Matthew Brennan - yes
9

(6/20/19)

�Kersten Harries- yes
Vote 6-0

APPROVED

Motion was made to adjourn the meeting at 9:15 PM.
Moved: Andruss
Seconded: Harries

Vote 6-0

Respectfully Submitted,

Pamela Pengelski
Secretary to the Planning Board

10

(6/20/19)

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