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                  <text>Village of Sleepy Hollow
Planning Board Meeting
June 21, 2018
The regular meeting was called to order at 8:00 PM by Chairwoman Lisa Santo
Present:

Lisa Santo, Chairwoman
Gordon Swartz, Deputy Chairman
Tom Andruss
Kersten Harries

Absent:

Mathew Brennan
Edward McCarthy
Sean McCarthy, Village Architect

Also Present:

Joseph Paiva, Village Zoning Inspector
Clinton Smith, Village Attorney
David Smith, Village Planner
James Natarelli, Consulting Engineer
Anthony Catalano, Consulting Engineer

Agenda:
1) Lighthouse Landing Communities LLC, Edge-on-Hudson Riverfront Development,
199 Beekman Avenue, Phase II infrastructure site plan- Public hearing
2) National Trust for Historic Preservation, Bedford Road parcels, Proposed subdivision
- Public hearing
3) Landrock, LLC, 231 Webber Avenue, Amended site plan approval- Public hearing
4) Philipse Manor Beach Club, Western end of Palmer Avenue, Proposed covered deck Public hearing
5) Pocantico Park Condominium, 48 Pocantico Street, Tree removal application appeal Discussion
6) Approval of minutes, May 17, 2018
1. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199
Beekman Avenue, Phase TT infrastrnctnre site plan- Public hearing
Mark Weingarten is a partner at the law firm of DelBelo Donnellan Weingarten Wise &amp;
Wiederkehr, LLP. Mr. Weingarten stated that the site plan has been amended to be consistent
with the Riverfront Development Concept plan and the requests from the Village Board.
Parking has been reverted back to parallel parking along Westward Drive as it was in the original
site plan.
Mike Junghans is the Senior Project Manager from Kimley-Horn of New York, P.C. Mr.
Junghans stated that the Phase II application includes the roadways, infrastructure and utilities
proposed along Horseman Boulevard, Lighthouse Landing and Westward Drive. Current

�standards have been applied to allow for full fire truck access connecting with Phase I and Phase
II roadways. The utilities plan submitted also provides for future utilities for Phase IV and Phase
V. All sanitary water and storm water will run through the site. A new outfall alcove is planned
for all discharge into the Hudson River for Phase II, Phase IV and Phase V. All utilities will tie in
with the existing utilities on Beekman Avenue.
Anthony Catalano stated that his concerns have been addressed as detailed in the June 21, 2018
memo. Mr. Catalano stated that the information for all the utility companies must be compiled
and that a Sequence Plan needs to be submitted for coordination of all utility work.
Chairwoman Santo solicited comments from the Board.
Motion was made to open the public hearing.
Moved: Andruss

Seconded: Swartz

Vote 4-0

Chairwoman Santo solicited comments from the public.
Gordon Swartz stated his appreciation for the communication and documentation between the
engineering firms in regards to the utilities plan and stated his concerns about issues that occurred
with Con Edision during Phase I.
Mike Junghans stated his agreement that a Sequence Plan was required for the coordination of
sanitary sewer, water, telecommunications, and electric work and that although field changes will
happen, communication and correspondence with the Building Department and Engineers will be
on going to prevent any issues.
Chairwoman Santo asked if the Village Board has an evaluation of the application.
Mayor Ken Wray stated the plan presented by the Edge-on-Hudson team is within the spirit of the
Special Permit and that he urges the Board to allow the project to move forward.
Motion was made to close the public hearing.
Moved: Swartz
Seconded: Andruss

Vote 4-0

Clinton Smith read the condition numbers thirteen and fourteen of the resolution.
Motion was made to approve the resolution.
Moved: Swartz
Seconded: Harries
Chairwoman Santo - yes
Gordon Swartz - yes
Kersten Harries - yes
Tom Andruss -yes
Vote 4-0

APPROVED

�2. National Trust for Historic Preservation, Bedford Road Parcels, Proposed subdivisionPublic hearing
Andrew Tung from Divney Tung Schwalbe, LLP summarized the application for a lot line
adjustment and re-subdivision of two existing parcels on Bedford Road. Both parcels are owner by
the National Trust since the death of David Rockefeller. The application proposes to the move the
common lot line in order to reduce the size of the Northern "Playhouse" parcel. The proposed
subdivision of the Northern "Playhouse" parcel will maintain taxable status.
Chairwoman Santo solicited comments from the Board.
Motion was made to open the public hearing.
Moved: Swartz

Seconded: Harries

Vote 4-0

Chairwoman Santo solicited comments from the public.
Mary Smith from Yonkers, New York stated that her meditation place would be taken away by
approving this application and that she opposes it.
Mayor Ken Wray stated that there is no public access being taken away by this application. Mayor
Wray stated that he is in favor of approving the application because the Rockefellers are good
neighbors who are generous to the Village of Sleepy Hollow by allowing the use of their
properties.
Chairwoman Santo stated her agreement with the Mayor.
Mike Levy lives at 77 Sleepy Hollow Road and stated that he is in support of the application due to
the generosity of the Rockefeller family and that no public access will be changed.
Motion was made to close the public hearing.
Moved: Andruss

Seconded: Harries

Vote 4-0

Clinton Smith read the condition of the resolution.
Motion was made to approve the resolution.
Moved: Swartz
Seconded: Andruss
Chairwoman Santo- yes
Gordon Swartz- yes
Kersten Harries - yes
Tom Andruss - yes
Vote 4-0

APPROVED

2. Landrock, LLC, 231 Webber Avenue, Amended site plan approval - Public hearing

�William Null is a partner from Cuddy and Feder, LLP and stated they are seeking an amendment to
the driveway access of the site development plan previously approved by the Planning Board on
October 21, 2010.
Donna Maiello is a Senior Associate and Landscape Architect from Divney Tung Schwalbe, LLP.
Ms. Maiello stated this amendment request includes changes to the wall system and the flanking at
both side of the existing driveway. The East wall will remain as is and the West wall will be
brought down to be flush with grade with a guide rail system allowing the driveway to be opened
up to be 16 feet wide. The amendment also includes grading and shaping of the storm water basin
to allow the basin to be wider and less deep. All the storm water volume will be contained on the
Landrock parcel. An updated grading and drainage plan was submitted on June 14, 2018 to
address the concerns of the Village Engineer for the emergency spillway.
Chairwoman Santo solicited comments from the Board.
Motion was made to open the public hearing.
Moved: Swartz
Seconded: Andruss

Vote 4-0

Donald Stever is the attorney representing John and Carol Lyden. Mr. Stever stated that his clients
do not object to the driveway. Mr. Stever stated that they are opposed to the application due to the
attempt to extend utilities in anticipation for a future subdivision. He submitted access studies to
illustrate that Gorey Brook Road is not a public road and would not provide the road standards
required for access to the residence.
William Null stated that this is not relevant at this time as a subdivision is not a part of this
application. Public road access would be addressed at another time if required.
A discussion ensured on the speculation of a future development, utility work intentions, and the
definition of segmentation.
Gordon Swartz asked Mr. Null if plans for a subdivision were anticipated for the near future.
Mr. Null stated the intention is to submit an application for two additional homes within the next
year and fully understands the risks of having to remodify the driveway access in order to provide
suitable access and that any new application would have to come before the Planning Board for
subdivision approval. Approval of the current application is only for driveway modification
suitable for single home.
Chairwoman Santo solicited comments from the public.
Mary Smith from Yonkers stated that this is the application she objects to because the entrance to
the park on Gorey Brook Road and will be closed.
William Null stated that it is private property and that pedestrian access may be prohibited in the
future which will eliminate access to the trail at Gorey Brook Road and Webber Avenue.

�Motion was made to close the public hearing.
Moved: Swartz
Seconded: Harries

Vote 4-0

David Smith stated that a draft resolution has been written to include a "Whereas" clause to state
that, comments from the public were received in writing and at public meetings. David Smith read
the resolved clauses.
Motion was made to approve the resolution.
Moved: Andruss
Seconded: Harries
Chairwoman Santo- yes
Gordon Swartz- yes
Kersten Harries-yes
Tom Andruss-yes
Vote 4-0

APPROVED

4. Phillipse Manor Beach Club, Western end of Palmer Avenue, Proposed covered deckPublic hearing
Tom Andruss is a Board Member of the Philipse Manor Beach Club. He recused himself from
presenting or voting on this application.
Chairwoman Santo stated that a quorum is not available so a vote may not be taken. She
suggested a discussion be held to address the questions from the Village Engineer.
Motion was made to adjourn the public hearing to the July 19, 2018 meeting.
Moved: Swartz
Seconded: Harries

Vote 4-0

No action was taken.
Frank Tancredi is the Architect for the project. Mr. Tancredi reviewed the topography
information submitted on May 24, 2018 and stated that a gutter and leader system will be
installed around the pavilion roof and that PVC piping will be installed that will daylight over the
boulders. All discharge from the North would dissipate over the boulders into the river without
causing erosion.
James Natarelli asked if there will be any discharge from the South.
Mr. Tancredi stated that there will be three leader pipes that will connect and discharge to the
one location.
Mr. Natarelli asked if DEC coordination was required.
Mr. Tancredi stated that he was told it was not required.
Mr. Natarelli offered to provide a contact that could answer questions.

�Mr. Tancredi presented photos of the existing deck and railing structures from the Beach Club
and provided samples of the decking, railing, and roofing materials that may be used for the new
pavilion.
No action was taken.
5. Pocantico Park Condominium, 48 Pocantico Street, Tree removal application appealDiscussion
John Sampaio from Cutting Edge, Inc. lives in Pleasantville and is the Landscape contractor
representing the Pocantico Park Condominium Association.
Gordon Swartz asked Mr. Sampaio to explain the risks the trees posed to the condominiums.
Mr. Sampaio stated that the trees are too close to the buildings and hang over the roof making
residents feel unsafe. There are complaints about the pods that are dropped by the Honey Locust
Trees causing damage to the property owner's cars. The roots of the trees may cause damage to
the new retaining walls.
Gordon Swartz asked if they are proposing to remove trees that are healthy and if any of the trees
are within the ten feet of the building structure.
Joe Paiva explained the Village Code for tree removal and stated that in order to issue a tree
removal permit, the Building Department likes to confirm the distance requirement as well as
review the type of tree they are proposing to removal in order to provide the Tree Commission
with information required for review.
Mr. Sampaio stated that he believes five out of the seven trees are within the ten foot requirement
from the structure and that the Board is willing to replace the trees with species that do not grow
as tall over the building. He presented pictures to show an example of one tree that is abutting the
building.
Joe Paiva stated that upon the request of the Board, the Building Department could set up a site
meeting to determine how many of the trees are within the ten feet of the building.
Francios Rjeili is a member of the Tree Commission. Mr. Rjeili stated the application was denied
because the trees are healthy, a benefit to the neighborhood, and pose no threat to the buildings.
All trees drop leaves and branches. The Honey Locust trees were planted as part of the original
landscape plan when the site plan was approved. Mr. Rjeili stated that the applicant should
provide a landscape plan to show what size and type tree they proposed for replacement including
time frames for planting. Mr. Rjeili stated that no trees less than five inches should be allowed to
be planted as replacement trees.
Joe Paiva stated that the applicant should call the Building Department to schedule a site visit to
determine the tree locations in relation to the Village Code.
Motion was made to adjourn the discussion to the July 19, 2018 meeting.
Moved: Swartz
Seconded: Andruss
6

Vote 4-0
(6/21/18)

�9. Approval of minutes, May 17, 2018
Motion was made to approve the May 17, 2018 minutes with changes as discussed.
Moved: Andruss
Seconded: Swartz
Chairwoman Santo -yes
Gordon Swartz -yes
Kersten Harries- yes
Tom Andruss- yes
Vote: 4-0

APPROVED

Chairwoman Santo stated that a special work session and meeting should be coordinated and
scheduled for July 12, 2018 to discuss the Edge-on-Hudson project.
Motion was made to adjourn the meeting at 9:30 PM.
Moved: Swartz
Respectfully Submitted,
Pamela Pengelski
Secretary to the Planning Board

Seconded: Andruss

Vote 4-0

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