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                  <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING-APPROVED
June 18, 2009
The meeting was called to order at 8:00 pm by George Tanner, Chairman. The Chair noted that a
quorum was present.
Present:

George Tanner, Chairman
Hugh Jones
Nicholas Cicchetti
Gary Malunis
Ed McCarthy
John Whysner
Isabel Mendez

Absent:

None

Also Present:

Anthony DelVecchio (Recording Secretary)
Nick Ward-Willis (Keane &amp; Beane/Village Special Land-Use Counsel)
Shailesh Naik (Charles Manganaro/Village Engineer)
Owen Wells (Saccardi &amp; Schiff/ Village Planner)
Sean McCarthy (Village of Sleepy Hollow Building Inspector)

Announcements –
None.
Proposed Agenda:
1) Estate of Laurance Rockefeller North Broadway
2) Headless Horseman Entities
410 North Broadway
3) St .Christopher’s Inn
178 Beekman Ave
4) Approval of minutes
5) Other

Proposed 2 lot subdivision
Discussion
Proposed change of Use

1) Estate of Laurance Rockefeller North Broadway

Proposed 2 lot subdivision -

John Schnaufer is an attorney representing this application
The Chair opened the public hearing.
John Schnaufer stated that this application will sub-divide 12 Acres. He stated that the Rockefeller
family will have an option to buy back 2 acres of the sub-division at a later date. He stated that the
use will not change.

�Hugh Jones stated that Westchester County has expressed interest to be involved in the process.
John Schnaufer stated that the County will need to approve the application as well since the
application involves more than 3 acres.
Hugh Jones asked about the level of environmental analysis performed by the Village Trustees for
the re-zoning.
Arthur McKinley (18 Kingsland Road) stated that any property over 10 acres being re-zoned in a
historic area needs a full EIS. He also submitted a petition requesting a full EIS for this re-zoning.
He stated that the SEQRA process is being circumvented.
Vincent Savino (26 Fremont Road) stated that a referral to the Westchester County Planning Board
is part of the process. He stated that no referral has been made. He stated that this is a jurisdictional
issue which would make the Village Trustees Resolution invalid.
Nick Ward-Willis stated that the County Planning Board was noticed by the Village Trustees as
part of the review of the zone change.
There was an open discussion on whether or not the Planning Board can proceed based on possible
inaccuracies in the re-zoning process.
It was determined that the property is currently zoned as cemetery. Until the Board is advised that
the zoning has been overturned by a court, the Board has to process the application.
Chuck Lancaster (54 Fremont Road) is concerned about the process.
Hugh Jones stated that there are some concerns about formaldehyde leaching out into the
surrounding properties. He stated that there should be a model to measure the levels of toxicity.
Nick Ward-Willis stated that there is no proof of an environmental concern regarding
formaldehyde. He stated that the application is only re-drawing the property lot lines.
Christine Lancaster (54 Fremont Road) stated that this property is full of trees that provide a sound
barrier. She stated that the community is concerned about the cemetery clearing the property. She
stated that the Planning Board should understand the future use of the entire parcel before any
development takes place.
Len Andrews (11 Pokahoe Drive) is a member of the Sleepy Hollow Cemetery Board. He stated
that the Board works hard to preserve the site. He read a prepared statement for the record. The
statement indicated that currently, the Cemetery has no plans to develop this property.
Mark Frye (41 Hudson Terrace) stated that he is a land-use planner. He stated that this application
requires an EIS based on the size of the parcel. He stated that the Board cannot take action until the
SEQRA process is completed.
2
APPROVED - Planning Board Meeting, June 18, 2009

�Arthur McKinley submitted a copy of the petition for the record. He also stated that formaldehyde
testing should be done in the area. He also stated that there can be other environmental issues
related to the site.
Hugh Jones previously asked about the required level of environmental analysis performed by the
Village Trustees.
Nick Ward-Willis stated that the Board cannot be held to the actions of the Village Trustees under a
re-zoning application.
Mark Frye stated that the SEQRA process can mandate when an EIS can be prepared.
Nick Ward-Willis stated that this application should only be focused on the environmental impacts
on moving the lot line. He stated that the concerns of the public would be addressed under a site
plan application.
Barbara Fina (23 Evergreen Way) stated that the sub-division has to be considered with other
proposed actions. She stated that the applicant should make their intentions known.
Bill Ferraro (24 Hemlock Drive) stated that the public should have all of the information available.
Chuck Lancaster stated that the re-zoning might have required an EIS. He stated that the notice
posted on Route 9 was too small to read.
Tim Murphy (50 Hemlock Drive) stated that attempts were made to contact the applicants’
attorneys but were unsuccessful.
Christine Lancaster stated that the Cemetery should indicate how much of the 12 acres can be
developed.
Matthew Brennan (53 Fremont Road) stated when there is a heavy rainfall, the neighborhood
suffers damage. He stated that the Cemetery cannot develop their land at the expense of the
residents.
The Chair stated that the Board holds applicants to conform to the 100-year flood event.
Matthew Brennan asked about the reason for appearing before the Planning Board.
The Chair responded that the sub-division
Vincent Savino asked why the sub-division is proposed in this location.
John Schnaufer responded that the proposed lot line is placed in case the Rockefeller family
exercises their option to purchase back 2 acres for use in the Rockefeller family cemetery.
Nick Ward-Willis stated that under the re-zoning the Village Trustees required the applicant to
APPROVED - Planning Board Meeting, June 18, 2009

3

�submit a plan depicting potential uses of the property.
James West (4 Evergreen Way) asked if there are limitations on private cemetery.
John Schnaufer responded that the law is currently 2 acres. He stated that if the law were to be
changed, the option to purchase can be exercised.
Matthew Brennan asked if the sub-division would create a violation of law based on the size of the
family cemetery limitations.
The Chair responded that this issue is not a matter for the Board.
Leslie Rejaile (15 Kingsland Road) asked about the matter before the Board.
The Chair responded that the application is for relocating a lot line.
Michelle Gonzalez (16 Kingsland Road) asked how the public can propose their own sub-division
to the Board.
The Chair stated that the maps are available in Village Hall.
Vincent Savino asked about the amendment to the application.
The Chair responded that that application is amended from 2 acres to 3 acres.
Art McKinley stated that the process works against the public.
Matthew Brennan asked about factors involved in approving a lot line application.
The Chair responded that each application is different.
Cecilia Block (19 Hemlock Ave) asked if the members are all Village residents.
The Chair responded yes.
Hugh Jones made a motion to adjourn this application and the public hearing to the next meeting.
Gary Malunis seconded. It was unanimous (7-0).

2) Headless Horseman Entities

410 North Broadway

Discussion -

There was nobody present at the meeting.
It was adjourned to the next meeting.

3) St .Christopher’s Inn

178 Beekman Ave

Proposed change of Use -

Kyle McGovern is representing this application on behalf of the owners.
APPROVED - Planning Board Meeting, June 18, 2009

4

�Kyle McGovern gave an overview of the property. He stated that the property was a former social
club with a basement. He stated that the property will be used to house 16 men for post-treatment
from alcohol and drug rehabilitation. He stated that the property will house counseling and
psychological treatments for the individuals.
The Chair stated that this use is not defined. He stated that the Village Trustees should be
consulted about how to proceed with this application.
Kyle McGovern submitted copies of the revised property layout.
Nicholas Cicchetti asked about the types of vocational training at the property.
Kyle McGovern responded that typically training would be in the food service industry.
There was an open discussion on the ratio of counselors to residents.
There was an open discussion on how St. Christopher’s Inn works and how the residents are
expected to conduct themselves.
Kyle McGovern spoke about the parking. He stated that the residents do not drive. He stated that
the one employee would probably have a car.

4) Minutes The minutes from the April 2009 meeting were reviewed.
Gary Malunis made a motion to approve the minutes as submitted. Ed McCarthy seconded. It was
unanimous (7-0).

5) Other Nicholas Cicchetti made a motion to approve the annual report to the Village Trustees
Adjourned at 9:59 PM

APPROVED - Planning Board Meeting, June 18, 2009

5

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