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                  <text>Village of Sleepy Hollow
Planning Board Meeting
July 19, 2018
The regular meeting was called to order at 8:05 PM by Deputy Chairman Gordon Swartz
Present:

Gordon Swartz, Deputy Chairman
Tom Andruss
Kersten Harries
Ed McCarthy

Absent:

Mathew Brennan

Also Present:

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

Agenda:
1) Phillipse Manor Beach Club, Western end of Palmer Avenue, Proposed covered deck,
new public hearing
2) LL Parcel E, LLC and Lighthouse Landing Communities LLC, Edge-on-Hudson
Riverfront Development, 199 Beekman Avenue, Phase I, Block-J subdivisionPreliminary presentation
3) Pocantico Park Condominium, 48 Pocantico Street, Tree removal application appeal Discussion
4) Approval of minutes, June 21, 2018
1. Phillipse Manor Beach Club, Western end of Palmer Avenue, Proposed covered deckNew public hearing
Deputy Chairman Swartz asked Clinton Smith if a motion was needed to adjourn the public
hearing.
Clinton Smith stated that if Tom Andruss recuses himself from the beach club motion, it will
leave three members which is not a quorum for a transaction of business but it is a sufficient
number, as one would be sufficient, to adjourn the meeting.
Tom Andruss recused himself from a motion on the application.
Motion was made to adjourn the application to the September 20, 2018 meeting
Moved: McCarthy
No action was taken.

Seconded: Harries

Vote 3-0

�2. LL Parcel E, LLC &amp; Lighthouse Landing Communities, LLC 199 Beekman Avenue,
Phase I, Block-J - Preliminary presentation
Andrew Tung from Divney Tung Schwalbe, LLP summarized the application to propose an
amended subdivision of Block-J to adjust the lot lines of the townhome block from eleven
townhome blocks and one open space to twelve townhome blocks and one open space. There
will be no changes to the perimeter, infrastructure or utilities of Block-J.
Deputy Chairman Swartz solicited questions from the Board.
There were no questions from the Board.
Deputy Chairman Swartz solicited questions from the Advisors.
David Smith requested clarification on the plans submitted in relation to the dates of what has
been previously approved.
Andy Tung stated the dates referenced in the application letter are the final activity dates of the
stepped process of the Board which includes the application approval at the meeting, the signing
of the Resolution by the Chairman, and the signing of the approved Site Plan and Subdivision
Plan, and the Final Subdivision Plat.
Deputy Gordon Swartz asked if there will be a change in the number of the townhome units.
Andy Tung confirmed there will be no change in the number of townhome units.
James Natarelli asked if the plan submitted reflects the latest site plan-subdivision approved for
Block-J.
Andy Tung stated that the plan does not since it has not been signed yet.
James Natarelli stated that although it is not feasible to include all changes on the plan, a note
that references the approved site plan that shows all the improvements to date should be included
on the new subdivision plan.
Motion was made to schedule a public hearing for August 16, 2018
Moved: McCarthy
Seconded: Andruss

Vote 4-0

3. Pocantico Park Condominium, 48 Pocantico Street, Tree removal application appeal Discussion
Deputy Chairman Swartz asked if there was anyone present to represent the Pocantico Park
Condominium Association.
There was no response.

�Deputy Chairman Swartz asked Sean McCarthy to provide an update of the status of the appeal.
Sean McCarthy stated he did not expect the applicant to be present. Mr. McCarthy stated that a
site visit was conducted with the applicant's representative and their landscaper to discuss a draft
solution for the removal of the trees. It was determined that three of the seven trees are as of
right to remove because they are located within ten feet of the structure. The balance of the trees
would be replanted with additional trees along with some improvements to the existing
landscape buffer. The information discussed at the site visit was to be presented to the Home
Owner Association to approve. A landscape plan will be submitted to represent the draft
solution. Mr. McCarthy requested that the Board adjourn the discussion to the September
meeting in hopes to that a landscape plan will be provided for the Board to review.
Deputy Gordon Swartz solicited comments from the Board.
Tom Andruss asked Sean McCarthy if the landscape plan was required to be shared with the
Planning Board.
Sean McCarthy stated that the applicant is appealing the denial decision so it is required to come
before the Board.
Tom Andruss asked if the appeal decision process can be handled by the Building Department
instead of coming before the Planning Board.
Discussion ensued as to whether or not decisions made by the Tree Commission can be
overturned and the jurisdiction of the Building Department to avoid appeals going through the
Planning Board process.
Ed McCarthy asked if the trees are dead.
Sean McCarthy stated that there is one tree that should be taken down due to its condition. Three
of the trees are too close to the structure and are as-of-right for permitted removal. The other
trees are proposed to be removed because of issues due to size, location, and species.
Kersten Harries asked if someone from the Tree Commission was present at the site meeting.
Sean McCarthy stated there was not a member of the Tree Commission present at the site
meeting.
Ed McCarthy asked if there was an arborist present in the group at the site meeting.
Sean McCarthy stated that there was not an arborist present in the group.
Ed McCarthy asked if the root base is damaged.
Sean McCarthy stated that the root system of some of the trees may be compromised from the
reconstruction of the retaining wall and may jeopardize the conditions of the trees. Mr. McCarthy

�stated that there are neighbors who are in favor of the tree removals that border their property
lines.
Deputy Chairman Swartz stated that if in the interim a resolution can be brokered by the
Building Department, the Tree Commission, and the applicant perhaps it may not have to come
before the Planning Board. If there is no resolution then the application will have to be
addressed at the September 20, 2018 meeting.
Sean McCarthy stated that upon receipt of the site plan from the applicant, the Building
Department will share it with the Tree Commission. If a resolution can be reached, the Building
Department will move forward with the decision and notify the Board.
Motion was made to adjourn the application to the September 20, 2018 meeting.
Moved: Andruss
Seconded: Harries

Vote 4-0

Deputy Gordon Swartz stated a public thank you to the former Chairwoman Lisa Santo, former
members Anthony Delvecchio and Carl Aridas for the service they have performed on a
volunteer basis to the Planning Board.
9. Approval of minutes, June 21, 2018
Gordon Swartz solicited comments from the Board on the June 21, 2018 minutes.
A discussion ensued on the proposed changes requested from the Board and Clinton Smith.
Motion was made to defer the approval of the June 21, 2018 minutes to the August 16, 2018
meeting.
Moved:

Seconded:

Motion was made to adjourn the meeting at 9:30 PM.
Moved: Harries
Seconded: McCarthy
Respectfully Submitted,

Pamela Pengelski
Secretary to the Planning Board

Vote 4-0

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