https://sleepyhollow.localarchives.org/files/original/ff9fc410c7d6f51ab07080685dbb5b3b.pdf 57969ceb1c21889d96c164a2d3bd0ee4 PDF Text Text VILLAGE OF SLEEPY HOLLOW PLANNING BOARD MEETING - APPROVED October 18, 2007 The meeting was called to order at 8:05 pm by Nicholas Robinson, Chairman. The Chair noted that a quorum was present. Present: David Perlmutter Nicholas Robinson, Chairman George Tanner Nicholas Cicchetti Ed McCarthy Gary Malunis Absent: None Also Present: Sean McCarthy (Village Architect, Village of Sleepy Hollow) Anthony DelVecchio (Recording Secretary) Owen Wells (Saccardi & Schiff/ Village Planner) Donato Pennella (Charles A. Manganaro/Village Engineer) Nick Ward-Willis (Keane & Beane/Village Special Land-Use Counsel) Mike Musso (LMS Engineers/Village Communication consultant) Announcements – None. Proposed Agenda: 1) Nextel Andrews Lane & Elm St Wireless Comm Facility 2) L. Rodrigues Enterprises 172 Valley St Public Hearing 3) Peter Castro 335 North Broadway Alterations & change of use 4) Julio Zhingri 290 North Washington St New parking lot 5) George Samaras 76 Chestnut Street Parking lot for 175 Valley St 6) Thomas & Jane Phipps 22 Farrington Ave Subdivision 7) Peter Grotto 300 North Broadway Discussion 8) Code Enforcement 9) Lighthouse Landing Riverfront Development Brownfield remediation 10) Approval of the January and September 2007 meeting minutes 11) Fremont Pond Peabody Field Forebay Construction The agenda was unanimously adopted (6-0). �1) Nextel Andrews Lane & Elm St Wireless Comm Facility - This is a continuation from previous meetings. David Perlmutter made a motion to re-open the public hearing. George Tanner seconded. It was unanimous (6-0). Robert Gaudioso is representing this application on behalf of the applicant. Robert Gaudioso stated that soil borings have been performed at the site. He stated that a standard foundation can be used. He also stated that he spoke to St .Theresa’s church and that St. Theresa’s church has re-stated that the Archdiocese will not permit Nextel to install an antenna on the roof. Dan Pennella stated that the soil borings show that a supporting foundation can be installed at the site. He stated that the foundation will be reviewed prior to granting a building permit. Mike Musso stated that there he has no comments on the revised report. Sean McCarthy asked about the slope of the property and its associated stabilization. Dan Pennella responded that the stabilization of the slope needs to be addressed in the final design plan. The Chair stated that the Board had received a letter from James Capossela stating that the antenna should be moved to an alternative site. Irene Amato (President Sleepy Hollow Seniors) stated that the Sleepy Hollow Seniors are opposed to the tower being installed at this site. Robert Gaudioso stated that many alternatives have been addressed by the applicant. Mary Ann Hogan (95 Beekman Ave) asked if the Board had received the petition from the Sleepy Hollow Seniors regarding the aesthetics of the site. The Chair acknowledged receiving the petition. Mary Ann Hogan stated that the Village has a choice as to where this antenna can be installed. She stated that the seniors are concerned about the aesthetical impacts. She stated that the antenna can be relocated to another area in the community. Josephine Galgano (53 Gory Brook Road) asked if the public should go back to the Village Trustees about the location. She stated that many seniors will not go to the new APPROVED - Planning Board Meeting, October 18, 2007 2 �senior center if an antenna is installed so close to the senior center. The Chair stated that the location was provided by the Village Trustees. He stated that the Planning Board is only able to comment on the aesthetics. Mario Bellanich (153 North Washington Street) asked if the applicant evaluated installing the antenna in the Sleepy Hollow cemetery or in Douglas Park. Robert Gaudioso responded that Douglas Park is not in the GEIS. He also stated that Douglas Park is dedicated park land cannot be used for this purpose. He stated that the cemetery is not a feasible location since it is close to an existing Nextel location at Phelps Hospital. Mario Bellanich asked if the applicant evaluated County House Road as an alternative site. Robert Gaudioso responded that the applicant is proposing that the antenna be installed on an approved location in the GEIS. He stated that 95 Beekman Ave was also an acceptable site but was denied by the Village. Mario Bellanich asked if a contract was already signed with the Village and Nextel. Robert Gaudioso responded that the applicant had to enter into an agreement in order to submit the application. Edna Bellanich (153 North Washington Street) stated that the Village Trustees will not listen to the public. She asked what alternatives are available to Village residents. The Chair stated that the residents have a first amendment right to petition the elected officials. Edna Bellanich asked if other Village owned sites were available. Robert Gaudioso responded that Village Hall was evaluated but the Village denied the request. The Chair stated that the Planning Board created a GEIS to provide guidance as to where these wireless facilities can be erected. Mary Ann Hogan asked which Board will make the final decision as to where this facility will be installed. The Chair stated that the Planning Board will have the approval authority regarding if the flagpole will be installed at this site. He stated that the Village Trustees have the ultimate authority. David Perlmutter made a motion to close the public hearing. George Tanner seconded. It was unanimous (6-0). APPROVED - Planning Board Meeting, October 18, 2007 3 �2) L. Rodrigues Enterprises 172 Valley St Public Hearing - Larry Rodrigues is the owner and is representing this application. The Chair asked if the proof of mailings have been received. Sean McCarthy responded yes. George Tanner made a motion to open the public hearing. Gary Malunis seconded. It was unanimous (6-0). Larry Rodrigues stated that his architect cannot attend the meeting this evening. He requested that the Board approve his application this evening. The Chair asked the Village consultants if there are any comments. Sean McCarthy stated that all of the required documentation has not been received. He stated that he prepared a memo listing the deficiencies and outstanding items. He stated that if the items are not resolved, the application can change significantly. He stated that there are issues regarding parking David Perlmutter asked if the items are significant. Sean McCarthy responded that the items can be addressed. Nick Ward-Willis cautioned the Board not to close the public hearing since the Board will have 62 days to make a decision on the application once the hearing is closed. Sean McCarthy stated that the applicant can appear before the ARB while the additional information is outstanding. The Board adjourned the public hearing. David Perlmutter made a motion to refer the applicant to the ARB. Tanner seconded. It was unanimous (6-0). 3) Peter Castro 335 North Broadway Alterations & change of use - John Lentini is the project architect and is representing this application along with the owners. John Lentini summarized the application to date. He stated that the Zoning Board approved the application with a modification. He reviewed the parking and traffic plans and conditions. He reviewed the ZBA’s conditional approval. APPROVED - Planning Board Meeting, October 18, 2007 4 �1) maintain the landscaping buffer 2) provide the parking arrangement with permanent stripping. He stated that parking spaces #8 and #9 were relocated to the fueling pumps 3) referred to the Planning Board for site plan approval Sean McCarthy stated that the parking spaces under the fueling canopy were allowed to make the traffic flow safer. Owen Wells asked if the parking spaces were re-configured to make any parking improvements. John Lentini responded that the spaces were all moved over ½ space to make more room for maneuvering. The Chair asked about the site storm water. Dan Pennella responded that the site is not changing so the storm water management system is not being altered. The Chair asked if the Board had any comments. George Tanner stated that he is still concerned with parking. He stated that there are many other convenience stores that are operating illegally. The Chair stated that the applicant should appear before the ARB while the public hearing is on-going. George Tanner made a motion to schedule the public hearing for the next meeting. Gary Malunis seconded. It was unanimous (6-0). 4) Julio Zhingri 290 North Washington St New parking lot - This is a continuation from previous meetings. Julio Zhingri is the owner and is representing this application. Sean McCarthy stated that the application was found to be consistent with the LWRP. He stated that the parking lot needs to be properly lit, stripped and landscaped. He stated that the applicant needs to properly address the retaining wall at the rear of the property. The Chair asked about the property drainage. Sean McCarthy stated that the applicant needs to install dry wells on the site. APPROVED - Planning Board Meeting, October 18, 2007 5 �Gary Malunis made a motion to schedule a public hearing for the next meeting. George Tanner seconded. It was unanimous (6-0). 5) George Samaras 76 Chestnut Street Parking Lot– Joseph Paiva is the project architect and is representing this application along with the owner. Joseph Paiva stated that the applicant owns a parking lot adjacent to the restaurant. He stated that the application proposed to utilize the parking lot for off-site parking. He reviewed the storm water management system. He stated that the restaurant interior will be modified to increase the interior seating. He stated that 17 parking spaces will be required. The Chair asked if there were any questions. Sean McCarthy stated that this application originally proposed several townhouses on the site. He stated that the plan has been revised to provide parking for the restaurant. Owen Wells asked about the path from the parking lot to the restaurant. Joseph Paiva responded that the applicant is considering installing a dedicated path. George Tanner asked if enough parking is being provided based on the proposed seating expansion. Sean McCarthy responded yes. The Chair asked if the WAC had reviewed the revised application Sean McCarthy responded no. The Chair stated that the applicant should appear before the WAC. David Perlmutter made a motion to declare itself the Lead Agency as well as refer the application to the WAC. George Tanner seconded. It was unanimous (6-0). 6) Thomas & Jane Phipps 22 Farrington Ave Subdivision - Jane and Thomas Phipps are the owners and are representing this application. Jane Phipps stated that the application proposed to relocate the lot lines of their property. She stated that the neighbors are interested in purchasing the realigned property for the purpose of increasing their rear yard. 6 APPROVED - Planning Board Meeting, October 18, 2007 �The Chair asked if there were any questions. Sean McCarthy stated that the Floor-Area-Ratio (FAR) needs to be verified to ensure compliance with the Village Zoning Code. Nick Ward Willis stated that the rear yard neighbors (Jacobsen’s) should be made coapplicants since their property boundaries will be changing as well. The Chair stated that the Jacobsen’s should submit a letter to request that they be named co-applicants. The Chair stated that the applicant should appear before the WAC. He stated that the public hearing should also be scheduled. Nicholas Cicchetti made a motion to refer the application to the WAC and to schedule a public hearing or the next meeting. George Tanner seconded. It was unanimous (6-0). George Tanner made a motion to declare itself the Lead Agency. Nicholas Cicchetti seconded. It was unanimous (6-0). 7) Peter Grotto 300 North Broadway Discussion - Greg Kazinski is an attorney representing the applicant along with David Berbuti. Greg Kazinski stated that the applicant would like to schedule the public hearing for the next meeting. David Berbuti stated that the ARB is in agreement with the massing of the application. He reviewed the proposed parking plan. He stated that the application is still missing 7 parking spaces. He stated that the applicant is going to seek a zoning variance for the 7 parking spaces. The Chair asked about the location of the front entrance. David Berbuti noted the location of the proposed front entrance. David Berbuti reviewed the required parking spaces. The Chair stated that the Board would like to carry this item to the next meeting and hear the feedback of the ZBA. Greg Kazinski stated that the applicant would like to schedule the public hearing for the next meeting. APPROVED - Planning Board Meeting, October 18, 2007 7 �George Tanner stated that the public should not be scheduled until after the ZBA has made a decision. David Perlmutter stated that the property should be cleaned up. The Chair polled the Board to see if a public hearing should be scheduled for the next meeting or for the December meeting after reviewing the feedback from the ZBA. Malunis – December Tanner – December Perlmutter – December Cicchetti – December George Tanner made a motion to carry the application to the next meeting. Gary Malunis seconded. It was unanimous (6-0). 8) Code Enforcement Issues a) Karl Dibble Sean McCarthy stated that there are several deviations from the approved plans. He stated that the proposed office has not been constructed. He stated that the site plan needs to be amended. The Chair asked if the 2 parcels have been combined. Nick Ward-Willis responded yes. Karl Dibble stated that the proposed office was too small to construct. He stated that the existing office will be utilized for the retail space. He stated that the swing gates were installed instead of the sliding gates. He stated that the culvert was repaired. He asked if the site plan can be amended. David Perlmutter stated that the application was for a retail establishment. He stated that the property is in violation. The Chair stated that the applicant needs to file an amended application. Sean McCarthy stated that the removal of the proposed office needs to be noted on the site plan. The Chair asked if there are any other code violations at this site. Sean McCarthy responded that he would investigate all violations. b) Getty gas station APPROVED - Planning Board Meeting, October 18, 2007 8 �Sean McCarthy stated that the owner had been given approval to make some site improvements. He stated that these improvements have not been completed. He stated that the required parking is currently being leased to outside individuals. He stated that the owner is preparing to make an application to the Board. George Tanner stated that a cease and assist should be enforced on this property. c) Other George Tanner stated that the Tornello gas station is also in violation. He stated that there are illegal signs installed on this property. 9) Lighthouse Landing Riverfront Development Brownfield Remediation - The Chair stated that the Brownfield clean-up has started. He stated that the work will be completed within 2-3 weeks. He stated that the material is leaving the site by rail. He stated that there is a dust-suppression system. He stated that the Board needs to visit the site in order to inspect the Brownfield’s clean-up and get an understanding of the sitewide remedial measures. It was agreed that the inspection will take place on a Saturday morning in the coming weeks. The Chair stated that the site noise is an issue. He stated that the Village needs to address the inadequacies in the Village Code regarding decibel levels. He stated that decibel level recommendations should be prepared and given to the Village Trustees. David Perlmutter made a recommendation to the Village Trustees to address the decibel levels in the special use permit. George Tanner seconded. It was unanimous (6-0). The Chair spoke about the statue of limitations regarding issuing a lawsuit with regards to SEQRA. He summarized the legal actions between Sleepy Hollow and Tarrytown regarding the traffic findings. The Chair stated that a transportation committee should be created for evaluating the traffic concerns on the site. 10) Approval of minutes – The minutes for the January 18, 2007 will be reviewed at the next meeting. George Tanner made a motion to approve the September 20, 2007 minutes as submitted. APPROVED - Planning Board Meeting, October 18, 2007 9 �David Perlmutter seconded. It was unanimous (6-0). 11) Fremont Pond Peabody Field Wetlands issues – The Chair stated that Dolph Rotfield is in the process of preparing amended plans for submission to the US Army Corps of Engineers (USACE). He stated that Dolph Rotfield is preparing an as-built plan for review. He stated that if USACE issues a Nationwide permit, the Village still needs wetlands permit from the Planning Board. He stated that the Board needs to review the plan to ratify what was done. Adjourned at 9:48 PM APPROVED - Planning Board Meeting, October 18, 2007 10 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-2007 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_2007-10-18 Subject The topic of the resource Planning Board Minutes & Resolutions-2007 Date A point or period of time associated with an event in the lifecycle of the resource 2007 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text