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                  <text>Village of Sleepy Hollow
Planning Board Meeting
March 22, 2018
The regular meeting was called to order at 8:00 PM by Deputy Chairman Gordon Swartz.
Present:

Edward McCarthy
Carl Aridas
Kersten Harries
Gordon Swartz, Deputy Chairman
Anthony DelVecchio

Absent:

Mathew Brennan
Lisa Santo, Chairwoman

Also Present:

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

Agenda:
1) Mobilitie LLC, Cellular antenna special permit- 46 Pocantico Street, 16 Hudson
Terrace, 227 North Washington Street- Public Hearing
2) The Salvation Army of Greater New York, 86-96 Valley Street &amp; 115 Wildey
Street, Community Center &amp; Chapel, Site plan approval extension- Discussion
3) 172 Valley Street Realty LLC, 172 Valley Street, Proposed two-family residencePublic hearing
4) Toll Brothers Inc., Edge-on-Hudson Riverfront Development, 199 Beekman Avenue
Phase I, Block J site plan amendments- Public hearing
5) Historic Hudson Valley, 381 North Broadway, Site plan amendment-Public hearing
6) 188 Cortlandt Street Corp., 188 Cortlandt Street, Change of Use- Discussion
7) Ichabod's Landing, River Street, Site plan amendment- Discussion
8) Roy &amp; Joan Behren, 15 Pokahoe Drive, Proposed one-family residence- Presentation
9) Brooklyn Global LLC, 228 North Washington Street, Riverside Studio event spacePreliminary presentation
10) Approval of minutes- February 22,2018 and March 8,2018

1) Mobilitie LLC. Cellular antenna snecial permit. 46 Pocantico Street. 16 Hudson
T^rmy?, IV Norfb Washington Str^^f- CQntipy?^^
Hearing
Deputy Chairman Gordon Swartz announced that Paul Costa from Mobilitie has withdrawn the
application and that the applicant would be required to re-notice each location in order to
continue at a later date.

�Motion was made to open the public hearing:
Moved: Aridas
Seconded: McCarthy

Vote 5-0

Deputy Chairman Gordon Swartz asked if there were any comments from the public.
Mathew Monk from 12 Hudson Terrace asked if there was any sense of the application coming
back and if small cells, in relation to antennas, are subject to the Village Code Zoning
regulations, or are they exempt.
Sean McCarthy stated they are not exempt from Village Code Zoning regulations.
Motion was made to close the public hearing:
Moved: DelVecchio

Seconded: Aridas

Vote 5-0

The application has been withdrawn.
2) The Salvation Armv of Greater New York. 86-96 Vallev Street &amp; 115 Wildev Street.
Communitv Center &amp; Chanel Site plan approval extension- Discu.s.sion
William Null, from Cuddy &amp; Fedder, LLP requested a one year extension of the site plan
approval for the Church &amp; Community Center.
Motion was made to extend the site plan approval through May of 2018 and direct the Village
Planner and Village Attorney to prepare a draft resolution, pending the Zoning Board of Appeals
approval.
Moved: McCarthy
Seconded: Aridas
Vote 5-0
172 Vallev Street Realty LLC. 172 Vallev Street. Propo.sed two-familv residenceContinued public hearing
Motion was made to open the public hearing:
Moved: DelVecchio
Seconded: Aridas

Vote 5-0

William Simeoforides is the Architect representing 172 Valley Street Realty LLC and stated that
172 Valley Street was located at the intersection of Valley Street and Depeyster Street and was
originally a two-family house that was demolished about four years ago. Mr. Simeoforides
presented the proposed plan to build a two-family structure with one three-bedroom, onebathroom apartment on each floor, approximately. 1,000 square feet each. There will be three off
street parking spaces occupying 1,000 square feet of black top. Mr. Simeoforides stated it will
be a modular building with vinyl clad double hung windows, and paneled shutters on the two
street elevations. Mr. Simeoforides stated that (14) evergreen trees, of 6 feet tall will be planted
as per the Landscape plan along Depeyster Street. Mr. Simeoforides stated that a low garden
wall with a wrought iron fence above it separating the sidewalk and the property will be installed

�along Valley Street. The south side of the property will be planted with (8) arborvitaes and a
couple of Japanese Maple trees.
Deputy Chairman Swartz solicited comments from the public.
Ann White lives at 3301 Kendal Way and requested that the parking area be made from
permeable material instead of solid asphalt.
William Simeoforides stated drainage and drywells have been addressed if that was her reason
for concern.
There were no additional comments.
Motion was made to close the public hearing:
Moved: McCarthy
Seconded: Harries

Vote 5-0

Deputy Chairman Gordon Swartz solicited comments from the Board.
James NatarelH stated that plan corrections be addressed and submitted to the Building
Department to include the labeling of the inspection ports for the drywells and details and
showing the wye connection for the sanitary sewer tie-in connection.
There was a discussion regarding the street tree replacements.
Kersten Harries stated there was a previous discussion to add street trees at existing wells along
Valley Street at the Right-of-Way at Depeyster Street and that it is not indicated on the site plan.
William Simeoforides stated it was previously mentioned about adding one tree along Valley
street that was knocked down by weather and that the (14) trees being added along the wall at
Depeyster is enough.
Kersten Harries stated that the plan was not clear on the type and sizes of the trees and hedges
proposed to be planted.
Carl Aridas stated that the current trees were destroyed and there were square mud pits existing
now. Mr. Aridas stated that two of the three trees need to be replaced and put back with the
native deciduous trees.
Sean McCarthy confirmed that they have to be native species trees for replacements.
Kersten Harries stated that a street view plan would be helpful.
William Simeoforides stated that (1) tree would be planted at the comer of the driveway, (1) tree
would be planted at the parking area and (3) trees would be planted at the existing tree wells on
Valley Street.

�Kersten Harries stated that she would like a tree on Depeyster Street as you approach Valley
Street in order to continue the character of the street.
Sean McCarthy asked how wide the proposed sidewalk is.
William Simeoforides stated it was 5 feet.
Sean McCarthy stated that a larger well could be created to shrink the sidewalk to a minimum of
3 feet at the tree locations.
William Simeoforides stated that minimum of (3) trees would be added along Valley Street and
(3) additional trees would be added at Depeyster Street.
Deputy Chairman Gordon Swartz suggested a motion to approve the application subject to
receipt of a new specific landscape plan and specifications.
Clinton Smith suggested that a resolution be prepared for the next meeting.
Motion was made to direct the Village Planner and Village Attorney to draft a resolution for the
next meeting.
Moved: Harries
Seconded: DelVecchio
Vote 5-0
4&gt; Toll Brothers Inc.. Edge-on-Hudson Riverfront Development. 199 Beekman Avenue
Phase I. Block J site plan amendments- Public hearing
Andrew Tung from Divney Tung Schwalbe, LLP summarized the project and outlined the
changes as discussed in previous presentations.
Motion was made to open the public hearing:
Moved: DelVecchio
Seconded: McCarthy

Vote 5-0

Deputy Chairman Gordon Swartz solicited comments from the public.
There were no public comments.
Deputy Chairman Gordon Swartz solicited comments from the Board.
Carl Aridas stated that the turning radius at Road 3, Horseman Blvd., has only 20 feet to the curb
and that it is too narrow.
Andy Tung stated that 26 feet is not required at the curb cut.
Sean McCarthy stated that 26 feet is required for the access driveway and that all curb
intersections are reduced throughout the site.

�Deputy Chairman Gordon Swartz questioned if any adjustments were made for the Green
Building technology as per the Westchester Government commentary for bicycle parking.
Andy Tung stated that the list from Westchester Planning Board was addressed for the concerns
of sustainability green measures and have been incorporated into the site plan.
Deputy Chairman Swartz opened a discussion regarding the ADA accessibility questions from
the March
meeting and the possibility of adding ramps to the units.
There were two accessibility questions discussed at the meeting, site access and townhouse
accessibility.
Andy Tung clarified that the site, including the walkways from the public streets to the green
space will be accessible.
Mr. Tung also stated that the town houses along the perimeter, that front on the streets or park
cannot be accessible due to the steps and wall that raises the grade elevation above the adjoining
sidewalk. It was stated that the interior units that face the central green would be the best option
if accessibility was needed.
Kersten Harries questioned if the interior townhouse units could be made accessible or the
potential to be adaptable units.
James Fitzpatrick replied that, "If one unit is accessible than all units in the building will need to
be accessible". James stated that their architects and internal legal team say there is no way
around it, "It needs to be every unit in the job across the site." Mr. Fitzpatrick referred to
Addendum II in the Fair Housing Act and said, "If one unit in six was offered an option for an
elevator, every single unit would need to be accessible." Mr. Fitzpatrick said they have
exhausted every avenue and option to come to the position they are taken.
Kersten Harries read from the DOJ/ HUD joint statement on accessibility in multifamily
buildings and disagreed with Mr. Fitzpatrick regarding his statement that all units will need to be
made accessible.
James Fitzpatrick stated that he would supply the documentation to back up their opinion and
would look at the materials that Kersten was referencing.
Clinton Smith stated that Toll Brothers Inc. should submit the citations and opinions and any
other back up that would be helpful.
A motion was made to close the public hearing and to have the Village Attorney and Planner
prepare a draft resolution pending the submission of information and clarification of the
accessibility documentation.
Moved: DelVecchio

Seconded: McCarthy

Vote 5-0

Sean McCarthy asked the Board if they wished to continue the application to a certain date.
Deputy Chairman Gordon Swartz stated that they would defer the answer till the end of the
5

(3/22/18)

�meeting.
5) Historic Hudson Vallev. 381 North Broadway. Site plan amendment- Public hearing
Deputy Chairman Gordon Swartz asked Sean McCarthy to clarify the status of the
application.
Sean McCarthy stated that a request was received to withdraw the application.
Carl Aridas stated that it was scheduled for a public hearing.
Sean McCarthy stated that it was noticed in the newspaper but not sure as to whether the
applicant completed the notifications to the adjoining neighbors.
Carl Aridas asked if Historic Hudson Valley had cleared the outstanding violation.
Sean McCarthy stated that the violation has not been cleared as of today.
Carl Aridas stated that the only solution was to cease and desist and have the electric apparatus
removed.
Sean McCarthy stated the applicant was issued a violation for engaging in work that was not
permitted as part of the approved site plan, and they were required to file with the Planning Board
in order to amend the site plan approval. Historic Hudson Valley has now withdrawn their
application and the violation is still active.
Deputy Chairman Gordon Swartz asked Clinton Smith if the Board needed to get involved in this
action.
Clinton Smith stated that the issuance of the violation was within the province of the Building
Department and that the Board is not required to take action.
Deputy Chairman Gordon Swartz stated the Board acknowledges that the Building Department
will take the appropriate action and report back on results.
6) 188 Cortlandt Street Corp.. 188 Cortlandt Street. Change of use- Discussion
Mark Blanchard is an attorney from Blanchard &amp; Wilson, LLP representing the owner for the
change of use application at 188 Cortlandt Street. Mr. Blanchard stated the property is under
contract to purchase by Barrier Contracting as an investment property, and for use of convenient

�storage for vans to be used by his local Sleepy Hollow work force. Mr. Blanchard stated that
Barrier Contracting proposes to use the existing detached garage on Chestnut Street for storing
two work vans and adding a small satellite office above the garage space. Mr. Blanchard stated
that this will be the location for the local workforce and there is no plan to store tools, oil, or any
hazardous materials in this garage since they have a main yard in another location.
Anthony DelVecchio asked if there are any zoning compliances required.
Mark Blanchard stated there is no desire to add any additional parking spaces and that the benefit
for the potential buyer was to keep the (2) existing storefronts and the (1) residential space as it
currently exists, and then utilize the garage space that has been vacant on Chestnut Street. The
work vans would go out and employee vehicles would park in the garage spots.
Carl Aridas asked who currently occupies the retail spaces.
Sean McCarthy stated there is a Barber shop on the left side and that the other space is currently
vacant.
David Smith asked as to whether or not the sale was going to happen.
Mark Blanchard stated that the purpose of coming to the Board for approval was to be sure that
it will be permitted before they proceed with the closing.
James Natarelli asked if there were any floor drains in the garage.
James Natarelli stated that the one center internal floor drain would require protection by an
oil water separator.
Deputy Chairman Gordon Swartz asked if there was something new that the old plan did not
reflect.
Mark Blanchard stated the submission today was intended to be an updated survey that could be
used as a site plan.
Motion was made to schedule a Public hearing for the April 19,2018 meeting.
Moved: Aridas
Seconded: Harries
7)

Riv^r

SU^ plan

Vote 5-0

Disyq^^ipn

Richard Hughes requested to postpone the application until the next meeting in order to gather
information for the electrical conduit schematics and the rain water treatment plan as requested
by the Board.
Deputy Chairman Gordon Swartz requested a list of the open items.

�James Natarelli stated that a current survey was required to show improvements to scale and
compliance with the Code and that it should be provided to the Building Department for review.
No action was taken.
Rov &amp; Joan Bchren. 15 Pokahoe Drive. Proposed one-fam!lv residence- Presentation
Craig Flaherty, the Project Engineer from Redniss and Mead reviewed the questions from the
February 22, 2018 meeting in order to clarify the drainage plan, wetlands set-backs, and the
disturbance buffer.
Gary Chase, the Project Architect from Vita Design Group, presented the details of the March 8,
2018 memo in regards to the cellar and basement definitions, regulations, and calculations for the
floor area.
Deputy Chairman Gordon Swartz asked how many other 5,000 square feet homes are in the
neighborhood.
Gary Chase stated the residence located at 9 Pokahoe Drive is 4,000 square feet but that no
current full study at other locations has been completed.
Carl Aridas asked if the trees that were already removed, were included in the nineteen trees
being proposed to be removed.
Craig Flaherty stated that removal of trees increases the river view and that the existing lot now
has 38 trees on site, 28 trees to be saved, 15 to be removed, and that 9 trees are planned to be
planted as well as dozens of shrubs. Mr. Flaherty stated that the trees previously removed are not
included in the count on the plan, and that the matter was resolved a year ago.
Gary Chase stated that the flat roof was designed to minimize height and to be sensitive to the
surrounding neighbors. Mr. Chase stated the concrete block materials will be attractive with two
tones to mimic masonry veneer type styles.
There was a discussion about the cellar verses basement and the way in which the garage space
was calculated. There was a discussion about what size trees were proposed to be removed and
what they would be replaced with. A request for the planting plan to be submitted to the tree
committee was required.
Kersten Harries suggested that selective deconstruction was researched and considered.
Motion was made to schedule a public hearing for April 19, 2018 meeting.
Moved: McCarthy
Seconded: Harries
Mathew Brennan-yes
Ed McCarthy-yes
Gordon Swartz-yes
Kersten Harries-yes

�Anthony DelVecchio-yes
Carl Aridas-no
VOTE: 4-1

APPROVED

9) Brooklyn Global LLC. 228 North Washington Street. Riverside Studio Event SpacePreliminary presentation.
Sam Viera is the Project Architect representing Diana Rubin of Brooklyn Global LLC. Mr.
Vieira presented the proposal for the rehabilitation of the existing building to obtain a certificate
of occupancy to use as a multi- purpose event space.
Diana Rubin submitted documents detailing the amount of off street parking available including
the estimated times when the spaces would be available.
Sam Vieira stated that they would be seeking the Planning Board's approval pending the
variance application that will be submitted to the Zoning Board of Appeals for approval of food
service, if needed, twenty off street parking spaces, and one off street loading space.
There was discussion regarding the parking issues and possible uses of other private lots. All
the Board members were in agreement that parking issues will always be a challenge but that
they were in favor of having the space occupied and running again.
Anthony DelVecchio stated the Zoning Board was the next step.
A motion was made to schedule a public hearing for the May 17, 2018 Planning Board meeting
pending the variance approvals at the May le"' Zoning Board meeting.
Moved: McCarthy
Seconded: Aridas
Vote 5-0
10) Approval of minutes- February 22.2018 and March 8.2018
Motion was made to defer review and approval of the minutes to the April meeting.
Motion was made to set a special meeting date for April 8, 2018 to discuss and approve
resolutions for Toll Brothers, Inc. and 172 Valley Street.
Motion was made to adjourn the meeting at 10:30 PM.
Moved: DelVecchio
Seconded: Aridas
Libmitted,

Pamela PdhgelsU
Secretary lo the Planning Board

Vote 5-0

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