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                  <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING-APPROVED
July 17, 2008
The meeting was called to order at 8:00 pm by Nicholas Robinson, Chairman. The Chair
noted that a quorum was present.
Present:

Nicholas Robinson, Chairman
Gary Malunis
Matt McLarin
Nicholas Cicchetti
Ed McCarthy

Absent:

George Tanner
David Perlmutter

Also Present:

Sean McCarthy (Village Architect / Village of Sleepy Hollow)
Anthony DelVecchio (Recording Secretary)
Owen Wells (Saccardi &amp; Schiff/ Village Planner)
Nick Ward-Willis (Keane &amp; Beane/Village Special Land-Use Counsel)

Announcements –
None.
Proposed Agenda:
1) Seiler/ Dilonardo
2) Grotto Holdings
3) Sleepy Hollow Cemetery
4) Anderson Residence
5) Lighthouse Coffee
6) Fremont Pond
7) Cortese Construction
8) Old Business
9) New Business
10) Other Business
11) Approval of minutes

7 Millard Avenue
300 North Broadway
540 North Broadway
275 Millard Avenue
222 Beekman Avenue
Peabody Field
8 Terrace Close

Proposed Swimming Pool
Proposed Office Use
Amended Site Plan
Proposed retaining wall
Change of Use
Update
Amended approval

The agenda was unanimously adopted (5-0).
1) Seiler/ Dilonardo

7 Millard Avenue

Proposed Swimming Pool

Brian Seiler is the owner and is representing this application.
Matt McLarin made a motion to schedule a public hearing for the September meeting.
Gary Malunis seconded. It was unanimous (5-0).

�2) Grotto Holdings

300 North Broadway

Proposed Office Use

Greg Kuczinski is an attorney representing this application along with project architect,
David Barbuti
Greg Kuczinski gave an overview of the meeting with the Zoning Board. He asked for the
Board to re-open the public hearing.
Nicholas Cicchetti made a motion to re-open the public hearing. Ed McCarthy seconded.
It was unanimous (5-0).
Nicholas Cicchetti stated that the matter with the Zoning Board needs to be resolved.
Greg Kuczinski stated that the applicant is hoping to satisfy the Zoning Board’s
requirements at the ZBA’s next meeting. He spoke about the number of proposed tenants
and the number of gas meters installed. He stated that the additional gas meters are for the
rooftop A/C units.
The Chair asked if the public has any questions.
There were none.
Greg Kuczinski asked if the Board could grant a conditional approval so that some of the
necessary site drainage work can be completed.
The Chair responded that the Board cannot grant a conditional approval in the middle of a
public hearing.
Sean McCarthy stated that the applicant should proceed with the curb cut application with
the NYSDOT before the September meeting.
Nicholas Cicchetti made a motion to adjourn the public hearing. Ed McCarthy seconded.
It was unanimous (5-0).
No action was taken.

3) Sleepy Hollow Cemetery

540 North Broadway

Amended Site Plan -

Ed Napoleon is representing this application on behalf of the applicant.
Ed McCarthy made a motion to open the public hearing. Nicholas Cicchetti seconded. It
was unanimous (5-0).
Ed Napoleon gave an overview of the site plan change. He stated that the proposed
APPROVED - Planning Board Meeting, July 17, 2008

2

�handicapped parking space will be relocated in order to give more convenient access to
visiting persons.
The Chair asked if the Board had any questions.
Nicholas Cicchetti asked if there were any outstanding engineering questions.
Sean McCarthy responded that there were issues with the proposed slope grade and the
storm water management.
Ed Napoleon stated that the grade issue was worked out with the Village Engineer but he
did not have the specific solution with him. He spoke about the proposed site storm water
solution. He stated that the applicant would be willing to make the access road entirely out
of Turf Stone to better handle the storm water runoff in the area.
Owen Wells asked the applicant to comment on the landscape plan.
Ed Napoleon spoke about the landscape plan. He spoke about the trees that would be
replanted.
The Chair asked if the public had any questions.
There were none.
Ed McCarthy made a motion to adopt the amended site plan from the presented drawing of
5/1/08. The approval is conditional on the use of the turf-stone be satisfactory to handle the
surface runoff. Also, to verify the slope of the access drive and to present a landscape plan
to the Village Architect. Gary Malunis seconded. It was unanimous (5-0). As part of the
amended site plan, the Board adopted a negative declaration for a determination of
significance.

4) Anderson Residence

275 Millard Avenue

Proposed retaining wall -

Mike McGarvey is the project engineer and is representing this application.
Gary Malunis made a motion to open the public hearing. Ed McCarthy seconded. It was
unanimous (5-0).
Mike McGarvey gave an overview of the existing retaining walls on the property. He
stated that the retaining walls are on a steep slope. He stated that the proposed retaining
wall system will replace the existing deteriorated railroad tie retaining walls on the
property.
The Chair asked if the applicant had appeared before the Waterfront Advisory Committee.
APPROVED - Planning Board Meeting, July 17, 2008

3

�Mike McGarvey responded no.
Mike McGarvey spoke about the existing stone wall on Riverside Drive. He stated that
since there is no information on this existing wall, the new wall must be constructed
independent of the lower stone wall.
The Chair asked if there were any public comments on this application.
There were none.
Nicholas Cicchetti made a motion to close the public hearing. Gary Malunis seconded. It
was unanimous (5-0).
Ed McCarthy made a motion to make a positive recommendation to the Architectural
Review Board. Matt McLarin seconded. It was not passed (3-1-1) (Malunis declined, The
Chair abstained).

5) Lighthouse Coffee

222 Beekman Avenue

Change of Use -

Gary Serena is the owner and is representing this application.
Gary Serena stated that as a result of the delays in the GM development, he recently closed
his business. He stated that he is trying to sell the location but would like to obtain a liquor
license to convert the location into a café.
Sean McCarthy stated that the property is located in a C-2 zone. He stated that a café is
permitted under this zone. He stated that the Board has jurisdiction since there is another
establishment within 200-feet with another liquor license. He stated that the Zoning Board
would also need to grant a variance for a change of use.
The Chair stated that the applicant should appear before the Waterfront Advisory
Committee and the Zoning Board before the Planning Board acts on the application.
This application was referred to the Waterfront Advisory Committee and the Zoning Board.

6) Fremont Pond

Peabody Field

Update –

The Chair stated that the biological survey report was received by the Board.
Sean McCarthy responded that the area has been flagged. He stated that Dolph Rotfeld
will now take the delineated area and place it on the amended wetland map.
APPROVED - Planning Board Meeting, July 17, 2008

4

�Nick Ward-Willis stated that the Village is planning to meet with the school district
regarding the wetlands application.
The Chair asked if the Board had any questions.
There were none.
The Chair stated that since the Board will be holding a public hearing on this application, a
site inspection should be scheduled soon before the vegetation dries up for the season. He
also stated that the applicant should submit a revised application.
No action was taken.

7) Cortese Construction

8 Terrace Close

Amended approval -

Andrew Cortese is the owner and is representing this application.
Andrew Cortese stated that the construction went beyond the area of disturbance in order to
gain access to an existing manhole. He stated that the retaining wall was relocated to save
some trees on the site. He also stated that the revised plan reduces the height of the
retaining wall in the rear.
The Chair stated that this application should be referred to the Waterfront Advisory
Committee. He also stated that the applicant should submit a formal application.
Gary Malunis made a motion to hold the public hearing at the Board’s next meeting.
Nicholas Cicchetti seconded. It was unanimous (5-0).

8) Old Business Mario Bellanich requested to address the Board. He stated that the Village Trustees
approved the Nextel monopole. He requested some explanation on the conditions of the
approval.
The Chair explained the process. He stated that the Village Trustees selected the site. He
stated that the Planning Board applied its GEIS for wireless communication facilities. He
stated that after NEXTEL received a site plan approval, they proceeded to sue the Village
as well as the Planning Board.
Nick Ward-Willis gave an overview of the Nextel litigation. He stated that a settlement
was reached. He briefly discussed the settlement.
APPROVED - Planning Board Meeting, July 17, 2008

5

�Mario Bellanich asked for further clarification.
The Chair stated that once the settlement is a public document, the public can re-address
the Village Trustees.

9) New Business –
Doug Maass (Pokahoe Drive) wanted to address the Board regarding the wetlands near the
train station. He stated that the Metro-North has dumped fill and debris into the wetlands.
He stated that correspondence to Metro North did resolve some of the debris but some tree
stumps remain.
The Chair stated that the Metro North is exempt from applying for Village Wetlands
permits. He thanked Mr. Maass for his efforts.

10) Other Business The Chair reviewed his draft letter to the Village Trustees. He summarized the Board’s
previous 5 recommendations as well as 10 new recommendations that the Planning Board
is requesting action from the Village Trustees as well as a comprehensive plan (see
attached).

11) Approval of minutes –
January 2007, November 2007, December 2007 and June 2008 minutes were reviewed.
Nicholas Cicchetti made a motion to approve the November 2007 minutes as submitted.
Gary Malunis seconded. It was unanimous (5-0).
Nicholas Cicchetti made a motion to approve the December 2007 minutes as submitted.
Gary Malunis seconded. It was unanimous (5-0).
The January 2007 and June 2008 meeting minutes will be reviewed at the next meeting.

Adjourned at 9:33 PM

APPROVED - Planning Board Meeting, July 17, 2008

6

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