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PLANNING BOARD MEETING
March 18, 1999
The meeting was called to order by Nicholas Robinson, Chair, at 8:02 p.m.
Present:

Nicholas Robinson
Nicholas Cicchetti
Ed Napoleon
David Perlmutter
Edward McCarthy

Absent:

Benito Martinez
Betsy Sawyer Gaylin
Janet Gandolfo
James Margotta

Also Present: Don Pennella
4 Fremont Road.
This was a continuation from the February meeting. There were changes made to the
proposal as follows:
On page 1, the second "Whereas" paragraph should be changed to: "Whereas, the
Planning Board did meet with the applicant and the owner of the adjacent lot, Mr.
Whitehouse; and"
On page 2, the 4th "Resolved" paragraph should read: "The granting of the referenced
change in lot line is made with the understanding of applicant and Mr. Whitehouse that
both the Planning Board and the Building Inspector may review their determination at any
future application for development of the undeveloped portion of the site."
The last "Resolved" paragraph should be modified at the end as follows: "; and be it
further".
Mr. Cicchetti inquired if there were any more changes and did they re-draw the lot lines.
Discussion was then opened to the public. An audience member asked if that meant that
someone could build on that site. He was advised that the owner had adjusted the lot lines
so that only one house could be built on that site. The entrance to that property would
have to be from Fremont Road. Currently, 3 houses could be built on that lot but with
the change in lot lines, only 1 house could be built there. This is at the request of the
current owner and the owner of the adjacent lot.
Ed Napoleon made a motion to approve. David Perlmutter seconded. The motion was
carried unanimously.

Planning Board Meeting, March 18, 1999

�2

DeFalco Retaining Wall. (Continued)
Mike Stilochi. Lot on Sleepy Hollow Road. Changes showing both sections of the wall
are labeled along with which trees would be removed. The dry well has been moved away
from the house and graded to keep water awayfromthe foundation of the house. A 5
foot high fence by the retaining wall and they are to appear before the Architectural
Review Board next week.
There was some discussion concerning the height of the fence on the retaining wall and
the change in the elevation of the property. According to the owner the maximum height
of the wall would be 8 feet.
The discussion was opened to the public. No further comments were made.
David Perlmutter moved to make a negative sequa declaration, seconded by Ed Napoleon.
The motion was carried unanimously.
A resolution will be prepared approving the plan at the next meeting after presentation to
the Architectural Review Board.
Nextel Communication Tower. Public hearing. Presentation made by Robert Godioso,
Esq.; Snyder &amp; Snyder.
Initial approval was given in 1988 for a communication site located on the grounds of
Phelps Memorial Hospital (PMH). Nextel is proposing to erect 12 antennas and a 200
sqft storage unit. This is considered a local issue with no county issues pending.
There is one minor modification to the site plan, showing the footings for the storage
shelter going below thefrostline.
Presentation by Mr. Godioso: This is an application to have another communication array
near PMH for wireless communications. These antennas will be located 86' above ground
level, but below the other antennas already on site. This is a co-location as required by
current zoning code. The shelter will be covered in a composite material designed to
blend in with the surroundings.
Public comments: Sean Herpentz asked how long this communications array had been
planned and was informed that there was no lease agreement prior to late 1988. He was
also curious as to how much was being paid, which information was unknown.
The Chair asked Snyder and Snyder if there were plans for any further applications to
expand this site and was told there were no applications pending.
Planning Board Meeting, March 18,1999

�In response to Mr. Herpentz question, the Chair informed him that balloon tests had been
run to judge the visual impact and several people had been present. All those present were
satisfied that the view would not be unduly obstructed. Mr. Herpentz was also concerned
about the application, as the first tower application had been presented as a "one-off'
proposition. Mr. Godioso pointed out that that was before the zoning code required colocation of communications towers.
Robert Weiss of 2 Terrace Close pointed out that the balloon tests that were done
previously were done while the trees were still in full leaf and no one had had the
opportunity to see the view without the trees in full leaf. There was some discussion of
going back to do another site inspection. According to Mr. Cicchetti, the pictures that
were taken originally show that the balloon was visible only from Route 117. The Chair
pointed out that there would be less of an impact because the poles will be lower down
than the existing structure. Mr. Herpentz expressed his concern over future applications.
According to the engineer, some places have gone to the extent of putting branches on the
antennas in order to help them blend into the natural scenery. According to Robert
Godioso those are actually designed for that purpose and these antennas could not be
"retrofitted" for that purpose. He further pointed out that the antennas have to go above
the tree line in order to work properly. In this case the trees are almost the same height as
the antennas.
Public comments were closed.
A motion was made by David Perlmutter to make a negative Sequa declaration, that this is
an unlisted action, seconded by Ed Napoleon.
Nick Cicchetti asked if the 86' height is the maximum height or would that extend the
height of the original antenna, and was advised that they will not extend the height of the
original antenna. Mr. Cicchetti also suggested the possibility of a new balloon test before
the trees leaf out, as the public seems to have legitimate concerns.
It was pointed out that there would be no lighting of the structure or fencing. Any
resolutions entered will stipulate that there will be no lighting of the structures. The color,
hydroblue, was chosen for its low impact.
The Chair pointed out that the Village has made a determination that this is where the
communication antennas will go, and that a balloon test was already done. Pictures of the
previous test were shown to the Board and to the public.
A decision was made by the Board to further discuss the negative impact at a public
hearing next month. There was discussion of approving the application with the same
Planning Board Meeting, March 18, 1999

�4

conditions as previously with the additional provision that no lighting will be permitted on
the structure and they will camouflage the building to blend in. There will also be a fence
around this section to be connected to the previously erected fence.
To be continued next month.
Phillipse Manor Restoration dredging of mill pond.
A full environmental assessment form, wetlands survey and full application has been
submitted. Presenting are Jeff Carter, Historic Hudson Valley; Steve Huskey, engineer.
A brief presentation was made concerning the dredging of both the upper and lower mill
ponds, over a period of 3 years, to restore the site to DEC standards. An offsite property
is being looked at for deposit of the silt. None of the construction aspects have been
changed, only the dredging strategy.
The Chair asked what was the effectiveness of the dredgingfromthe lower pond, since
there is such a heavy silt load coming infromthe river, but notfromabove. Steve Huskey
pointed out that when the tide is low people can see "stuff* in the lower pond and that
needs to be cleared up.
Mr. Cicchetti said that the tree commission had met with HHV recently and a large
number of trees would be cut down. HHV will resubmit that so that the trees will remain
along the steep slope where the silt will be deposited. The trees will not be taken down
ahead of time so any plans submitted will be changed to reflect that. The Chair stated that
the Tree Commission will make that a requirement.
Ed Napoleon wanted to know how long the dewatering will take, since offsite removal
will not be a part of the original plan.
Continue the public hearing next month at the top of the agenda and with a new
administration in office. In addition, new certified mailings will be made in order to have
the public informed. Also there will be an analysis of the aquatic animal species submitted
before the next public hearing, complete with a literature review and a consultation with a
qualified naturalist concerning the impact of the dredging on the native species.
Adjourn to next public hearing.

Planning Board Meeting, March 18,1999

�4

recommend that the Board consider rezoning the parcels owned by the School
Board. This is also the area of the watershed for Andre Brook - less density will
cause less of a negative impact on the Andre Brook.
A motion was made by Ed Napoleon, seconded by Ms. Gaylin for a resolution to have
Mr. Schiffdraw up the recommendations for presentation to the Village Board recommending
the rezoning of the Wilson Park property from R-3 to R-l. The motion passed unanimously.

Mr. Napoleon then brought up the issue of curbing at the Rodrigues building on Route 9,
and that the Board had requested that granite curbing be used, and not just concrete. It was
decided that an inquiry would be made not just by the Building Inspector, but by another
inspector as well.

The following corrections were made to the March minutes:
Also present: David Schiff
Page 2, #3, second paragraph. The initial approval of the plan was made in 1998.
Page 3, second paragraph, Richard Weiss.
Last page, the applicant is Historic Hudson Valley; SEQRA misspelled.
Regarding the Nextel tower application, Mr. Perlmutter had stated to the
applicant that the Planning Board would not look favorably upon the applicant
returning in the future with another lawyer and another applicaiton for another
tower. If any further towers are to be installed, the support building will added to
the existing building or put underground.
Mr. Perlmutter made a motion, seconded by Mr. Napoleon, to approve the March
minutes as revised. The motion passed unanimously.
A work session for the waterfront planning has been scheduled for June.
Mr. Napoleon made a motion, seconded by Benito Martinez, to adjourn the meeting. The
motion passed unanimously.

Planning Board Minutes
May 20, 1999

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