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                  <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING- APPROVED
February 19, 2009
The meeting was called to order at 8:00 pm by David Perlmutter, Chairman. The Chair
noted that a quorum was present.
Present:

David Perlmutter, Chairman
Gary Malunis
Hugh Jones
George Tanner

Absent:

Nicholas Cicchetti
Ed McCarthy
Matt McLaren

Also Present:

Sean McCarthy (Village Architect / Village of Sleepy Hollow)
Anthony DelVecchio (Recording Secretary)
Dave Smith (Saccardi &amp; Schiff/ Village Planner)
Nick Ward-Willis, Esq. (Keane &amp; Beane/Village Special Land-Use Counsel)
Shailesh Naik, P.E. (Charles Manganaro/Village Engineer)

Announcements –
None.

Proposed Agenda:
1) Phelps Hospital Center
2) National RE/Sources
3) Fremont Pond
4) Village water improvements
5) Marco Arajuo
6) Headless Horseman Entities
7) Approval of minutes

1) Phelps Hospital Center

701 North Broadway
11 River Street
Peabody Field
701 North Broadway
68 Beekman Avenue
410 North Broadway

701 North Broadway

Amended site plan
Preliminary Presentation
Wetlands Permit
Preliminary presentation
Proposed mixed-use bldg
Proposed site improvements

Amended site plan -

This is a continuation from previous meetings.
Andy Tung is representing this application on behalf of the applicant.
Dave Smith read the draft Resolution aloud. There were no comments on the draft

�Resolution from the applicant.
George Tanner made a motion to approve the Resolution as amended. Gary Malunis
seconded. It was unanimous (4-0).

2) National RE/Sources

11 River Street

Preliminary Presentation -

This is a continuation from previous meetings.
Paul Janos is representing this application on behalf of the applicant.
Paul Janos stated that the proposed development will create 60 units on the Castle Oil site. He
stated the public would have access to the waterfront. He also stated there will be a fishing pier
constructed as part of the development. He showed how the Tarrytown development will
integrate with the Sleepy Hollow parcel. He also presented several renderings of the completed
site and photos of the current Castle Oil site.
The Chair asked if the Board had any questions.
Hugh Jones stated there are issues with the proposed height of the structure as well as the
density of the proposed site. He stated the density does not compare to the density of the
Tarrytown parcel. He noted several issues:
1) The need for an EIS should be evaluated.
2) The water capacity for the development
3) Concerns about setting a precedent about the building heights for the GM site.
Dave Smith summarized the Village’s water improvement project application.
George Tanner made a motion to open the public hearing. Gary Malunis seconded. It was
unanimous (4-0).
Richard Plano (250 Harwood Ave) stated that the public does not know much about this
project. He stated that many basic questions have not been answered. He asked about the
housing plan. He asked about the property tax structure. He stated that the traffic in the area
will be very congested.
Paul Janos responded that the tax structure will be fee simple units and the increased revenue
will benefit the Village. He spoke about the parking plan.
George Tanner asked about the preparation of an Environmental Impact Statement (“EIS”).
Sean McCarthy responded that the project will be reviewed under SEQRA. He stated that the
proposed zoning amendment might not require an EIS.
APPROVED - Planning Board Meeting, February 19, 2009

2

�George Tanner asked about the ramifications on not doing an EIS.
Nick Ward-Willis responded that an EIS and an EAF are part of the SEQRA process and the
same information can be provided under an EAF. Upon evaluation of an EAF, the Lead
Agency could require an EIS.
Doug Maass (Pokahoe Drive) stated that the Waterfront Advisory Committee discussed this
application at their last meeting. He stated that the meeting was informal and a consistency
determination was not made. He stated that information was missing from the application. He
stated that the EAF was incorrectly filled out. He stated that the proposed water-dependent uses
are inadequate. He stated that the use of the federal channel is also not being utilized. He
stated that the recommendations from Nicholas Robinson should be seriously considered.
Sean McCarthy responded that the WAC findings will continue at their next meeting.
Alan Singer (145 River Street) stated that the building is actually 80-feet tall. He stated that the
Villages consultants are proposing a new zoning district according at the request of the
developer. He stated that the tax rate that the developer is referring to is only for the Village.
He stated that the tax rate for the town and the schools would not be the same.
Mark Frye (41 Hudson Terrace) stated that the public notice should be posted. He stated that
the notice was only posted yesterday by the Village Administrator. He stated that the long form
EAF has many inaccuracies. He stated that this project should have an EIS performed. He also
stated that this should not be considered as a project. He stated that entire waterfront should be
incorporated into the Village’s Comprehensive Master Plan to include Beekman Avenue. He
stated that the Village Trustees followed improper procedures in declaring themselves the Lead
Agency for this application. He stated that a better plan can be developed and this current plan
should be rejected.
George Tanner read a letter from Nicholas Robinson dated February 9, 2009 aloud for the
record.
Paul Janos stated that the applicant is following the process set-up by the Village Trustees.
The Chair stated that the Board does not have enough information to approve this application.
Jeff Ansavino (Scenic Hudson) stated that the applicant should prepare models to show the
impacts to surrounding properties. He stated that the public access area to the waterfront should
be 70-foot wide. He stated that the parking area should be reduced and a transit-orientateddevelopment (TOD) should be considered. He stated that the Village should not make a
decision until the models can be made available and studies.
George Tanner stated that the public should make their comments know to the Village Trustees
as well.
APPROVED - Planning Board Meeting, February 19, 2009

3

�Dave Bedell (122 Van Tassel) stated that a full-EIS should be required.
Nicholas Ward-Willis stated that similar projects have been approved in other municipalities
with only a long-form EAF.
The Chair asked for an example.
Nicholas Ward-Willis offered a condominium project in Rye Brook but stated that there is not a
perfect example to compare this project against but it does happen.
John Sussman (Harwood Ave) stated that this project has many issues. He stated that traffic in
the area is a problem.
Gary Malunis asked if an EIS was completed for Hudson Harbor in Tarrytown.
The Chair asked if a special zone was granted.
Paul Janos responded that it was a 10-year process.
Mark Frye stated that the process was a 5-year process. He reiterated that the public was not
properly noticed.
Nicholas Ward-Willis stated that this matter was referred to the Planning Board for a report and
a recommendation and that this is only a meeting to take public comments to support the
Board’s recommendation to the Village Trustees.
George Tanner closed the public hearing. Gary Malunis seconded. It was unanimous (4-0).
George Tanner made a motion to recommend that the Village Trustees reject the zoning
amendment. Gary Malunis seconded. It was unanimous (4-0).
George Tanner made a motion to recommend to the Village Trustees reject the concept site
plan. Gary Malunis seconded. It was unanimous (4-0).
The Board also stated they recommend to the Trustees that the applicant be required to prepare
an EIS.
George Tanner made a motion to recommend to the Village Trustees reject the request for the
special permit. Gary Malunis seconded. It was unanimous (4-0).

3) Fremont Pond

Peabody Field

Wetlands Permit -

This is a continuation of the public hearing.
Dolph Rotfeld is representing this application.
APPROVED - Planning Board Meeting, February 19, 2009

4

�George Tanner re-opened the public hearing. Gary Malunis seconded. It was unanimous (4-0).
Doug Maass (Pokahoe Drive) stated that the WAC placed conditions on the LWRP
consistency findings regarding having the access road used only for maintenance of the
wetlands. He also stated that the American Elm on the site should be protected.
Hugh Jones asked why the access road should be restricted.
Doug Maass responded that the road was illegally constructed.
Hugh Jones asked about fire department and police department access.
Doug Maass responded that emergency access should be allowed.
Since there were no further public comments, George Tanner made a motion to adjourn
this public hearing to next meeting. Hugh Jones seconded. It was unanimous (4-0).
No action was taken.

4) Village Water Improvements

701 North Broadway

Preliminary presentation -

Dolph Rotfeld is representing this application.
Dolph Rotfeld stated that the Village is required to increase its water storage capacity to comply
with DOH regulations. He stated that the 1.62 million gallon storage was proposed on the
Rockefeller Preserve but the request was denied. He stated that the only other possible location
was on Phelps Hospital. He stated that the Village will be divided into 2 zones with Broadway
being the dividing line.
George Tanner asked if the proposed tank will have sufficient capacity for the Village.
Dolph Rotfeld responded that the tank will provide capacity for 24,000 people.
George Tanner asked about installing a larger tank.
Dolph Rotfeld responded that a larger tank can be proposed. He stated that the water quality
might decrease if the water remained in the tank for long periods of time. He stated that an
agreement is being developed between the Village and Phelps Hospital. He stated that once the
agreement is reached, a formal application will be submitted.
This was adjourned to the next meeting.
No action was taken.

5) Marco Arajuo
68 Beekman Avenue
Proposed mixed-use bldg
5
APPROVED - Planning Board Meeting, February 19, 2009

�This is a continuation from the previous meeting.
Luigi Demasi is the project architect and is representing this application along with the
owner.
George Tanner made a motion to open the public hearing. Gary Malunis seconded. It was
unanimous (4-0).
Since there was no public present, George Tanner made a motion to close the public
hearing. Hugh Jones seconded. It was unanimous (4-0).
This was adjourned to the next meeting.
No action was taken.

6) Headless Horseman Entities

420 N Broadway

Proposed site presentation –

There was nobody present for this application.
This was adjourned to the next meeting.

7) Approval of minutes –
The minutes from the December 2008 meeting were reviewed. George Tanner made a
motion to approve the minutes as submitted. Hugh Jones seconded, It was unanimous
(4-0).
The minutes from the January 2009 meeting were reviewed. George Tanner made a
motion to approve the minutes as submitted. Hugh Jones seconded. It was unanimous
(4-0).

Adjourned at 9:19 PM

APPROVED - Planning Board Meeting, February 19, 2009

6

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