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                  <text>Village of Sleepy Hollow
Planning Board Meeting
May 16, 2019
The regular meeting was called to order at 8:04 PM by Chairperson Marjorie Hsu.
Present:

Marjorie Hsu, Chairperson
Kersten Harries
Tom Andruss
Lindsay Krakauer
Erin Carney

Also Present:

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

Absent:

Matthew Brennan
Ed McCarthy

Agenda:
1)
2)
3)
4)
5)

KWD Realty, Inc., 315 North Broadway, Amended site plan- Draft resolution
Landrock LLC, 231 Webber Avenue, Proposed subdivision- Continued public hearing
Daniel De Roo, 140 Hunter Avenue, Tree removals appeal- Discussion
Katarzyna Arencibia, 160 Harwood Avenue, Tree removal appeal - Presentation
Approval of minutes - April 25, 2019

Chairperson Hsu read the agenda.
1. KWD Realty, Inc., 315 North Broadway, Amended site plan- Draft resolution
Karl Dibble is the owner of the property located at 311-315 North Broadway. Mr. Dibble stated
that the plans were revised to confirm the cubic yard capacities of the storage bins, the locations
of the bins, and the different uses for storage and recycling. Mr. Dibble stated there will be only
four of the seven bins utilized at one time in different locations depending on the use needed
during each season and weather conditions. Mr. Dibble stated that receiving the draft resolutions
on the day of the meetings did not allow him time to properly prepare responses or to resolve the
concerns of the Board and the Consultants. Mr. Dibble stated that the Site Plan General Notes
always included recycling. Mr. Dibble stated that materials will be contained in the designated
bins or the Village Code Enforcer will issue a violation.

1

(5/16/19)

�Discussion ensued on the business operations illustrated on the site plans submitted and what
details were not included in the oral presentation by the applicant, and the consistency of what is
being requested on the revised site plan submission dated April 30, 2019.
Chairperson Hsu asked Mr. Dibble if the submitted plan includes his final requests.
Mr. Dibble stated that the plan submitted, dated April 30, 2019 is the plan that he would like the
approval and the resolution to reflect.
Chairperson Hsu solicited comments from the Board.
Kersten Harries stated that she wants to clarify that the resolution the Board is approving will be
consistent with the corresponding drawing and the details requested by the Applicant.
Mr. Dibble stated that the plan includes all of the proposed operation changes requested for
approval.
The Board discussed the resolve clauses and conditions that need to be included in an amended
resolution.
Motion was made to approve the resolution as amended.
Moved: Andruss
Seconded: Harries
Chairperson Marjorie Hsu - yes
Tom Andruss - yes
Erin Carney -yes
Lindsay Krakauer - yes
Kersten Harries- yes
Vote 5-0

APPROVED

2. Landrock LLC, 231 Webber Avenue, Proposed subdivision - Public hearing
Kristen Motel is an associate from Cuddy and Feder LLP and stated that Landrock LLC proposes
to subdivide the 35 acre parcel into three lots of approximately 10-13 acres each. Ms. Motel
stated that they propose to utilize and modify the existing driveway entrance on Webber Avenue
to create one shared driveway to access all three lots. Ms. Motel stated that the shared driveway
concept addresses the Villages' Green Infrastructure Planning Schedule by preserving open
space, minimizing impervious surfaces, and keeping the natural topography of the landscape.
Mark J. Shorgren is a professional engineer from Divney Tung Schwalbe. Mr. Shorgren stated
that they propose to use the existing driveway and pathways in order to preserve the wooded
areas and propose building the houses in the meadow areas. Mr. Shorgen stated that the proposed
driveway will be 12 feet wide and will include 100 foot long by 20 foot wide pull off areas
constructed every 500 feet along the driveway to allow for emergency vehicle and resident
passing access. There will be a common easement in the shared driveway road to provide access
to all three lots. Mr. Shorgen stated that there will be six stormwater infiltration practices to
2

(5/16/19)

�include one for each lot and three along the shared driveway. The stormwater systems will be
sized to accommodate the increase in impervious surfaces and designed to infiltrate into the
ground so that at the peak rate of runoff and total runoff volume for a 100-year storm will
decrease. Mr. Shorgen stated that the proposed plan satisfies three of the goals of the Villages'
Green Infrastructure Planning Practices.
Tom Andruss asked if Landrock intends to gate the access to the private driveway at Webber
Avenue which would restrict the public from using it to gain access to the park.
Kristen Motel stated that they intend to keep the driveway private but is not aware of any plans
for the entrance to be gated at this time.
Chairperson Hsu solicited comments from the public.
There were no comments from the public.
Motion was made to adjourn and continue the public hearing at the June 20, 2019 meeting.
Moved: Andruss
Seconded: Krakauer
Vote 5-0
3. Daniel DeRoo, 140 Hunter Avenue, Tree removals appeal - Discussion
Chairperson stated that Mr. DeRoo is not present and asked Sean McCarthy if there was a
proposed resolution.
Sean McCarthy asked if the Board would consider allowing the applicant to remove one of the
two trees proposed for removal and wait to see if the health of the other tree improves or if it
needs to be reconsidered for removal at a future date.
Motion was made to allow the removal of (1) Blue Spruce tree on the front left side of the
property.
Moved: Andruss
Seconded: Harries
Vote 5-0
4. Katarzyna Arencibia, 160 Harwood Avenue, Tree removal appeal -Presentation
Katarzyna Arencibia is the owner of 160 Harwood Avenue. Ms. Arencibia stated that she has
been a resident at 160 Harwood Avenue for ten years and has made significant improvements to
the home and the landscaping. Ms. Arencibia stated that she is a certified landscape designer.
Mr. Arencibia stated that the River Birch tree she is requesting to remove is approximately 50
years old, 60 feet tall, and located 16 feet from the house structure, with the crown of the tree
leaning over the house. Ms. Arencibia stated that the River Birch tree is a healthy tree but does
not have any landscape value, is located on the side of her property in between the two houses,
and that with a northern wind the tree could fall and destroy her house. Ms. Arencibia stated that
River Birch trees grow 3-4 feet per year so it is costly to maintain it. Ms. Arencibia stated that
that her insurance premium has increased as a result her renovation project and the proximity of
the tree to the addition. Ms. Arencibia stated that the shade that the tree provides has caused
mold on her house. Ms. Arencibia stated that she has already planted 30 new trees on her
3

(5/16/19)

�property and is unable to plant more trees because the River Birch tree kills everything within
20-30 feet from its location.
Tom Andruss asked if the tree would live another ten years.
Katarzyna Arencibia stated that is it a healthy tree that may live for another twenty years. Ms.
Arencibia stated that the value of trees should be determined by the improvements it creates to
the landscape.
Tom Andruss stated that he agrees that if a replacement tree planted will grow for twenty years,
that it is a fair trade for the removal.
Chairperson Hsu asked if the main goal for the tree removal is for aesthetics.
Katarzyna Arencibia stated that she wants to remove the tree for both safety and aesthetics as the
tree is close to her house and drops branches on her roof. Ms. Arencibia stated that trees should
not just be valued by their longevity properties; it should be based on what kind of outdoor space
they create.
Lindsay Krakauer asked Ms. Arencibia is she was willing plant a replacement tree.
Kartarzyna Arencibia stated that she has already planted 30-40 trees on her property and will
continue to do so to improve her backyard.
Chairperson Hsu asked Ms. Arencibia if she has had conversations with the Tree Commission
since they have denied the application.
Katarzyna Arencibia stated that she was advised by the Tree Committee to submit the application
stating that the tree was dead and that they would follow up with her to tell her she can remove
the tree during the winter. The Tree Committee did not follow up on their promise and it is why
she is in front of the Board today.
Chairperson Hsu asked Ms. Arencibia if she misrepresented the health of the tree in her initial
application.
Kartarzyna Arencibia stated that this is her third or fourth application request for the same tree
and that the others were denied. Ms. Arencibia stated that as per the suggestion from the Tree
Committee, she mislabeled the tree on this application. Ms. Arencibia stated that the Tree
Committee did not come back to her and they did not approve it.
Chairperson Hsu stated that since there have been multiple attempts to remove the tree, there
must have been some conversations with the Tree Commission.
Katarzyna Arencibia stated that her experience with the Tree Committee has been very
unpleasant. Upon submission of the application, it could took 2-3 months to get responses and
there was no communication as to when they are coming to the house. After feedback was
4

(5/16/19)

�provided, if she approached members of the Tree Committee, they blamed the others members
for the decision, and it was not a constructive dialogue.
Chairperson Hsu stated that she has driven by the house twice to look at the tree and that it looks
healthy. Following the Tree Code, the Board approved the prior appeal because documentation
was received from two Arborists stating that the trees were diseased.
Katarzyna Arencibia asked what value the residents get from keeping the tree. Ms. Arencibia
stated that no one other than her and her immediate neighbor see the tree in their view and it is
not producing air for other residents. Mr. Arencibia does not understand why the opinion of her
and her neighbor are not prioritized.
Chairperson Hsu stated that it is based on different personal opinions.
Kartarzyna Arencibia stated that the tree is on her property and that the homeowner should have
an influence on what is growing on their properties.
Chairperson Hsu asked Sean McCarthy for his suggestions for moving forward.
Sean McCarthy asked for the proximity of the tree to the house since the renovation was
completed.
Kartarzyna Arencibia stated that the tree trunk is located 16 feet from the house but the crown of
the tree is hanging over the house.
Sean McCarthy stated that the tree is leaning towards the house and has the potential to grow to
70 feet. Mr. McCarthy stated that the applicant has completed an extensive amount of
renovations to the home. Mr. McCarthy suggested that the members visit the site to see the
quality of the tree. Mr. McCarthy suggested that Ms. Arencibia contact the adjoining neighbor
and ask them to express, in writing, their approval for the removal of the tree.
Tom Andruss asked if the "10 foot" tree distance provision in the code is for safety reasons.
Sean McCarthy stated that he believes it was added as a revision to the Code in 2013 for safety
reasons.
Tom Andruss stated that perhaps the rule should extend to the entire height of the tree.
Lindsay Krakauer suggested the code be viewed based on the percentage of a tree that is 10 feet
away verses how much of the tree is hanging over the house.
Kersten Harries stated that she has driven by the house and appreciates what has been completed
on the property, but that they also have to look at the provisions of the Code.
Kartarzyna Arencibia stated the Tree Committee is policing the trees instead of encouraging and
educating homeowners on planting trees. Many homeowners are frustrated with getting approval
5

(5/16/19)

�to remove trees or they are requested to rearrange their landscape designs around preserving an
existing tree that is not landscape desirable, and then having to spend additional money to redo if
the tree is lost in the future. Ms. Arencibia stated that the culture in the Village regarding the
trees is negative and suggests the Board review the functions and impact the Tree Committee
decisions will have on the residents into the future.
Motion to adjourn and continue the discussion at the June 20, 2019 meeting.
Moved: Andruss

Seconded: Krakauer

Vote 5-0

5. Approval of minutes- April 25, 2019
Chairperson Hsu solicited comments from the Board on the April 25, 2019 minutes.
There were no comments from the Board.
Motion was made to approve the April 25, 2019 minutes.
Moved: Andruss
Seconded: Harries
Chairperson Marjorie Hsu - yes
Tom Andruss - yes
Erin Carney -yes
Lindsay Krakauer - yes
Kersten Harries- yes
Vote 5-0

APPROVED

Motion was made to adjourn the meeting at 9:05 PM.
Moved: Carney
Seconded: Andruss

Vote 5-0

Respectfully Submitted,

Pamela Pengelski
Secretary to the Planning Board

6

(5/16/19)

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