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                  <text>Village of Sleepy Hollow
Planning Board Meeting
May 17, 2018
The regular meeting was called to order at 8:10 PM by Chairwoman Lisa Santo
Present:

Lisa Santo, Chairwoman
Gordon Swartz, Deputy Chairman
Edward McCarthy
Kersten Harries

Absent:

Mathew Brennan
Anthony DelVecchio
Carl Aridas

Also Present:

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

Agenda:
1) 188 Cortlandt Street Corp.,188 Cortlandt Street - Continued public hearing
2) Roy &amp; Joan Behren, 15 Pokahoe Drive, Proposed one-family residence - Continued
public hearing
3) Toll Brothers, Inc., Edge-on-Hudson Riverfront Development, 199 Beekman Avenue,
Phase I, Block I site plan amendments - Public hearing
4) Brooklyn Global, LLC, 228 North Washington Street, Proposed studio event space Public hearing
5) Lighthouse Landing Communities LLC, Edge-on-Hudson Riverfront Development,
199 Beekman Avenue, Phase II infrastructure site plan - Discussion
6) National Trust for Historic Preservation, Bedford Road parcels, Proposed subdivisionPreliminary presentation
7) Landrock, LLC, 231 Webber Avenue, Amended site plan approval - Presentation
8) Philipse Manor Beach Club, Western end of Palmer Avenue, Proposed covered deck Preliminary presentation
9) Approval of minutes, April 19, 2018
1. 188 Cortland Street Corp., 188 Cortlandt Street - Public hearing
Motion was made to open the public hearing.
Moved: Swartz
Seconded: McCarthy

Vote 4-0

Mark Blanchard is the Attorney from Blanchard &amp; Wilson representing the applicant. Mr.
Blanchard stated that a revised plan was submitted to address the concerns in regards to the
parking and the proposed second floor office space. The employee vehicles will be able to park

�tandem to the work vans in the garage space and will not require the use of additional off street
parking spaces or cause any traffic related issues to switch the vehicles for the work day. A floor
plan was submitted for the proposed second floor office space above the garage. A site visit with
Sean McCarthy identified some Code issues. Mr. Blanchard stated that a condition could be
added to a resolution in which states that the office space must be Code compliant in order to
proceed.
Chairwoman Santo solicited comments from the Board.
Gordon Swartz stated he was informed that the area above the garage needs substantial work in
order to be Code compliant.
Mark Blanchard stated he is aware there are issues with the stairs, egress and clearances.
Gordon Swartz stated that alternate options were available for the office space. Mr. Swartz stated
that building the office space inside the garage or in the vacant store front on the first floor would
allow the work to start immediately since the spaces are already Code compliant.
Sean McCarthy stated that the issue of installing a water oil separator is still open.
Mark Blanchard stated that he sees no problem with installing a water oil separator drain in the
middle of the garage.
Chairwoman Santo solicited comments from the public.
There were no public comments.
Motion was made to close the public hearing.
Moved: Swartz
Seconded: McCarthy

Vote 4-0

Motion was made to open a discussion in regards to the conditions to be added to the draft
resolution.
Moved: Swartz
Seconded: McCarthy
Vote 4-0
Gordon Swartz requested that Clinton Smith read the draft resolution.
Clinton Smith read the conditions of approval as listed on the draft resolution.
Gordon Swartz requested a condition be added to state that the corporate space must be up to
Code before the applicant may proceed with using the garage space for vehicle storage.
Motion was made to approve the draft resolution with added conditions as discussed.
Moved: McCarthy
Seconded: Harries
Lisa Santo, Chairwoman - yes
Gordon Swartz, Deputy Chairman - yes
Ed McCarthy - yes

�Kersten Harris - yes
VOTE 4-0

APPROVED

2. Roy &amp; Joan Behren, 15 Pokahoe Drive, Proposed one-family residence - Public hearing
Motion was made to open the public hearing.
Moved: Swartz
Seconded: Harries
Vote 4-0
Steve Feinstein is the attorney representing Roy and Joan Behren. He stated that additional
documents were submitted to resolve questions from the previous public hearing along with a
revised planting plan as a result of a site visit and discussions between the applicant and
members of Tree Commission.
Chairwoman Lisa Santo asked Sean McCarthy to confirm receipt of additional information.
Sean McCarthy confirmed receipt of the submissions for the record.
Chairwoman Santo solicited comments from the Board.
Chairwoman Santo solicited comments from the public.
Ken Wray is the Mayor and lives at 1 Riverside Drive, #14. He stated that public hearing
proceedings should start with an explanation of the parameters in which the public is asked to
comment on. As in this case, it is important to know the square footage is within the existing
Zoning Code, the height is within the existing Zoning Code, and setbacks that are within the
existing Zoning Code. This would allow those who comment to know that the applicant is
within their rights to proceed. Neighbors may disagree with the proposed size or position of the
house but this means the problem is with the Zoning Code itself, not the application. The Board
may not make retroactive changes to the Zoning Code. Mr. Wray stated that he welcomes
people coming into Sleepy Hollow who are making investments into the community and strongly
favors approving this project to go forward. Mr. Wray stated the process should be more concise
and shorter by laying out the parameters of how the application fits within the Code.
Chairwoman Santo stated her agreement with Mayor Ken Wray. She stated the public hearing
process allows the applicant to hear how the people around them to feel about the proposed
project. Chairwoman Santo stated that if the proposed application is compliant with the Village
Code and the applicant is willing to work with suggestions from the public, the Board, and
Commission members, the process is very helpful.
Sean McCarthy asked for the Tree Commission to confirm that their comments were on the
record.
Chairwoman Santo stated that there was a discussion between the applicant and the Tree
Commission on record and asked Francois Rejeili to confirm the agreement.

�Francois Rejeili stated that he and other members of the Tree Commission met with the applicant
and the results were constructive and fruitful. He stated that based on the agreement, he approves
the project to move forward.
Sean McCarthy asked Mr. Rejeili to confirm that the agreement made at the site visit was
reflected on the revised plan.
Francois Rejeili stated that the plans detail and reflect the changes they agreed upon.
Motion was made to close the public hearing.
Moved: McCarthy
Seconded: Swartz

Vote 4-0

Clinton Smith read the conditions of approval as listed on the draft resolution.
Motion was made to approve the resolution.
Moved: McCarthy
Seconded: Harries
Lisa Santo, Chairwoman - yes
Gordon Swartz, Deputy Chairman - yes
Ed McCarthy - yes
Kersten Harris - yes
VOTE 4-0

APPROVED

3. Toll Brothers, Inc., Edge-on-Hudson Riverfront Development, 199 Beekman Avenue
Phase I, Block I Site Plan amendments - Public hearing
Motion was made to open the public hearing.
Moved: Swartz
Seconded: Harries

Vote 4-0

Andrew Tung from Divney Tung Schwalbe, LLP summarized the proposed changes to the
previously approved Block-I Site Plan for the four story apartment complex of 188 units to
include a swimming pool, an additional recreation space, and a parking lot.
Chairwoman Santo asked James Natarelli if all the issues were resolved.
James Natarelli stated that in the May 11, 2018 memo, it was requested that guard rails be
installed along the depressions at the rear of the parking lot along the storm water retention
basins. The grass area in front of the buildings, between the sidewalk and the roadway, seem to
be steep in some areas. It was requested that the grade change be adjusted to 10% maximum.
Chairwoman Santo asked why handicap accessibility was proposed in the rear of the building
only.
Andy Tung stated that there is a grade change because the buildings were lifted above the
anticipated base flood elevations. The buildings are close to the street and sidewalks. Ramps
would be possible in the front but it would eliminate planting strips and terrace options.

�It is easier to access at grade in the rear of all three buildings.
Chairwoman Santo asked for details of the proposed parking and the easement on the plan for the
East parcel.
Andy Tung stated that the easement is located at the north east corner of the site in event of a
future bridge being built over the tracks. It would rise to clear over the tracks and pass over the
parking spaces in height by 20 feet. No parking spaces would be lost in the event that the bridge
is built.
Chairwoman Santo asked if there were any safety features planned for the parking lot.
Andy Tung stated that there are a series of linear rain gardens to be installed between the curb on
the east side of the parking lot and the perimeter wall to help with storm water management.
Tolls Brothers Inc. will also install a guard rail along the entire length of the rain gardens.
Sean McCarthy stated that due to the number of parking spaces it is required for normal traffic
control devices be installed in the parking lot.
Chairwoman Santo asked if there were still going to be street trees included in the landscaping
plan.
Andy Tung stated that all street lights and street trees will be done as part of the infrastructure of
approved for Phase I.
Gordon Swartz stated his concern about the buildings not being handicap accessible from the
front. Mr. Swartz suggested the consideration for the senior housing building to have
accessibility from both the front and the back.
Chairwoman Santo asked what the plan is for the garbage and recycling.
Andy Tung stated that garbage will be stored inside the building and brought out on the day the
trucks will come to pick up.
Sean McCarthy requested that details of the pool enclosure wall and glass combination be
provided in order to confirm there are no protrusions on the wall that would allow someone to
climb over and defeat the purpose of the 48 inch height requirement.
Kersten Harries asked if screening will be provided to cover the large transformers that will be
viewed from the pool to the street.
Andy Tung stated that the transformers were moved back so they could provide screening around
them and that it may not be represented clearly on the plan.
Kersten Harries asked for confirmation on what area is public space verses private.

�Andy Tung stated that only the area around the pool is fenced in; the sidewalk will be public.
Andy Tung addressed the earlier questions from James Natarelli. Mr. Tung stated the grade
elevation can be lowered from 15 inches to 6 inches along the curb at Legend Drive and at the
catch basins.
Clinton Smith asked if the signs for the buildings have changed.
Andy Tung stated that signs for the building have not changed.
Chairwoman Santo solicited comments from the public.
There were no public comments.
Motion was made to close the public hearing.
Moved: Swartz
Seconded: Harries

Vote 4-0

Clinton Smith stated that there is a draft resolution which includes the conditions from the prior
approved resolution. He suggests that a condition be added to the resolution.
David Smith stated a condition number twenty-four will be added to the draft resolution to state
"The Applicant shall modify the site plan to address the building accessibility for the Building I1 to allow for handicap access from both the front and rear of the building."
Motion was made to approve the resolution as amended.
Moved: Swartz
Seconded: McCarthy
Lisa Santo, Chairwoman - yes
Gordon Swartz, Deputy Chairman - yes
Ed McCarthy - yes
Kersten Harris - yes
VOTE 4-0

APPROVED

4. Brooklyn Global, LLC, 228 North Washington Street, Proposed studio event spacePublic hearing
Motion was made to open the public hearing.
Moved: Swartz
Seconded: McCarthy

Vote 4-0

Sam Vieira summarized the approvals granted by the Zoning Board of Appeals at the May 16,
2018 meeting and solicited the Board for any final comments in hopes of approval.
Gordon Swartz asked how deliveries, drop offs, and garbage will be managed and if they will be
making any improvements to the fa9ade of the building.

�Sam Vieira stated that no major architectural changes are planned. There will be minor repairs
completed such as brick repointing, power washing, painting, roofing and most likely new
signage. All required permits will be submitted through the Building Department for approval.
Mr. Vieira stated that most pick up and deliveries will be conducted during normal business
hours where parking spaces are readily available or at the existing curb cut. Proposed events will
not always be food orientated. Garbage will be stored in the first floor kitchen area and brought
out for days of pick up by local or private carting companies. The use of the existing attached
shed will also be considered for garbage can storage.
Kersten Harries asked if there have been any thoughts on providing a lift for the handicap
accessibility on the second floor.
Sam Vieira stated that the building at grade is in between levels. The installation of handicap
accessible ramps is not possible due to space restrictions that would affect the egress space
required for fire protection. The Building Code states that 20 percent of the total budget cost
should be allocated for handicap renovations. Using that formula, it was decided to make the
bathrooms handicap accessible to enable the use of all the facilities upon gaining entrance to the
upper or lower levels. Installing a three stop elevator would exceed 20 percent of the total
budget cost and therefore not considered.
Ed McCarthy asked if the referenced curb cut was still part of the property owned by the roofing
company. He stated his concerns that the driveway would be blocked during deliveries.
Sean McCarthy confirmed that the property was sold and currently occupied by a new business
on the first floor with apartments above.
Sam Vieira stated that the curb cut would not be used for parking cars. It would be used as a
quick pick up and drop off location.
Chairwoman Lisa Santo solicited comments from the public.
Ken Wray is the Mayor and lives at 1 Riverside Drive, #14. He stated his support for the
proposed project and welcomes the investment into the downtown area that has been vacant for a
long time. Mayor Wray stated that he looks forward to seeing a good outcome from the Planning
Board to approve a new thriving business in hopes it will promote other downtown businesses.
Gordon Swartz stated he supports the approval and that the Planning Board has been very
supportive of this project in past meetings.
Motion was made to close the public hearing.
Moved: Swartz
Seconded: Harries

Vote 4-0

Motion was made to approve the proposed studio event space at 228 North Washington Street.
Moved: Swartz
Seconded: McCarthy
Lisa Santo, Chairwoman - yes

�Gordon Swartz, Deputy Chairman - yes
Ed McCarthy - yes
Kersten Harris - yes
VOTE 4-0

APPROVED

5. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 199
Beekman Avenue, Phase II infrastructure site plan- Discussion
Mark Weingarten is a partner at DelBelo Donnellan Weingarten Wise &amp; Wiederkehr, LLP. Mr.
Weingarten stated that he is there to address questions from the May 3, 2018 technical memo
from Woodard &amp; Curran and questions from David Smith, the Village Planner. Mr. Weingarten
stated the intention is to move forward with a public hearing for the next meeting on June 21,
2018.
Anthony Catalano is the Senior Principal at Woodard &amp; Curran Engineering, P.A. P.C. He
stated the meetings have been successful in addressing the questions from the May 3, 2018
technical memo. It was agreed that the applicant will continue to work on the responses in
relation to storm water pipes and discharge, water engineering, and sewer sanitary issues. Mr.
Catalano stated that they are awaiting a Utilities Plan.
Chairwoman Santo asked if there was also something that the Board of Trustees is working on.
David Smith stated that there are four essential items requested for how Phase II relates to the
Village Riverfront Development Concept Plan. The Planning Board asked the Village Board to
provide some guidance as to whether the modifications are within the intent and spirit of the
plan. Issues were discussed with the Village Board and the Planning Board is awaiting their
response.
Motion was made to schedule a public hearing for the June 21, 2018 pending the receipt of
response submissions from the applicant and the Board of Trustees.
Moved: Swartz
Seconded: McCarthy
Vote 4-0
Kersten Harries requested that future submissions be sent in digital form and to change plans to
half size.
6. National Trust for Historic Preservation, Bedford Road Parcels, Proposed subdivision Preliminary presentation
Andrew Tung from Divney Tung Schwalbe, LLP presented the application for a lot line
adjustment and a subdivision of two existing parcels on Bedford Road. Mr. Tung explained the
submission illustrates the two parcels by grey colors and shows that the Village line adjoins with
the Town of Mount Pleasant on both parcels. The parcel to the North East is part of what is
known as the Rockefeller "Playhouse". Both parcels are owned by the National Trust since the
death of David Rockefeller. It is proposed to move the common lot line in order to make the
South parcel larger and the North "Playhouse" parcel smaller. Both parcels are in the R-1
Zoning District and will continue to conform to the Code requirements. There are no plans to

�change ownership or make any improvement to the parcels. The purpose of this subdivision is to
shrink the North "Playhouse" parcel in order to keep it on the tax rolls and increase the size of
the South parcel so they could apply to be tax exempt as part of a Historical Monument. Parallel
proceedings are being conducted for approval with the Town of Mount Pleasant due to the
shared boundary lines.
Motion was made to schedule a public hearing for the June 21, 2018 meeting.
Moved: Swartz
Seconded: McCarthy

Vote 4-0

7. Landrock, LLC, 231 Webber Avenue, Amended plan approval - Presentation
Donna Maiello is a Senior Associate and Landscape Architect from Divney Tung Schwalbe LLP.
Ms. Maiello stated that Landrock LLC received Site Plan approval and a Wetland Permit on
October 21, 2010 which included the relocation of the existing driveway entrance to the east, the
creation of a storm water basin, the installation of landscaping and stone walls, and the
installation of utilities. Ms. Maiello stated that as per the original plan, all utilities were
supposed to be installed in a corridor in the existing driveway location. Con Edison shifted and
installed the service pole 120 feet to the East. Due to the Wetland topography, it is suggested to
install a raised utility trench across the wetlands in the proposed area of the future driveway
location with a culvert underneath for drainage management. The application is for a site plan
amendment to adjust the design of the driveway entrance area including changes to the stone
walls to create a 16-foot wide driveway area and reshaping and grading of the storm water basins
without significantly changing the storage volume that was approved on October 21, 2010. Ms.
Maiello stated that the plan has been revised to allow for emergency access of both old and new
fire trucks to the site.
Chairwoman Lisa Santo solicited comments on the letter received from Donald Stever, the
attorney representing Carol M. Lyden, owner of the property that abuts the Landrock, LLC
property.
Kristen Motel from Cuddy &amp; Feder stated that there is no application or intent for a subdivision.
Landrock LLC is only seeking amendments to the site plan for the wall and driveway area at this
time.
Motion was made to schedule a public hearing for the June 21, 2018 meeting.
Moved: Swartz
Seconded: McCarthy

Vote 4-0

8. Philipse Manor Beach Club, Western end of Palmer Avenue, Proposed covered deck
Preliminary presentation
Tom Andruss is a Board Member of the Philipse Manor Beach Club. Mr. Andruss presented the
application to rebuild the existing wooden lifeguard deck with a pavilion style roof for safety and
comfort.
Frank Tancredi is the Architect for the project. Mr. Tancredi presented the plans for the proposed
deck including a new set of stairs for direct access from by the life guards. The roof will be an

�Architectural Hip roof and the decking material will be constructed with pressure treated wood
wrapped in Azek to be similar to the dining deck and bathrooms. Railings will be installed to
match the existing railings on the dining deck. The existing rocks will help provide run off from
the gutters. There is no new landscaping proposed as part of the plan.
James Natarelli requested that a plan be submitted with drainage detail that illustrates whether a
splash block or energy dissipater will be installed in relation with the existing topography. Mr.
Natarelli also requested that an plan be submitted that illustrates the elevations to include the
retaining wall and the comparisons of the existing and the proposed finished construction
elevations
Chairwoman Santo requested that samples be submitted for the proposed materials.
Motion was made to schedule a public hearing for the June 21, 2018 meeting
Moved: Swartz

Seconded: Harries

Vote 4-0

9. Approval of minutes, April 19, 2018
Motion was made to approve the minutes for April 19, 2018.
Moved: Swartz
Seconded: McCarthy
Lisa Santo, Chairwoman - yes
Gordon Swartz, Deputy Chairman - yes
Ed McCarthy - yes
Kersten Harris - yes
VOTE: 4-0

Vote 4-0

APPROVED

Motion was made to go into Executive Session to discuss potential litigation at 10:10 PM.
Moved: Swartz
Seconded: McCarthy
Vote 4-0
Motion was made to adjourn the meeting at 11:30 PM
Moved: Swartz
Respectfully Submitted,
Pamela Pengelski
Secretary to the Planning Board

Seconded: McCarthy

Vote 4-0

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