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                  <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING - APPROVED
November 15, 2007
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
David Perlmutter
Nicholas Cicchetti
Ed McCarthy
Gary Malunis

Absent:

George Tanner

Also Present:

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

Announcements –
None.
Proposed Agenda:
1) Nextel
Andrews Lane &amp; Elm St
Wireless Comm Facility
2) L. Rodrigues Enterprises
172 Valley St
Public Hearing
3) Peter Castro
335 North Broadway
Alterations &amp; 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) Karl Dibble
309-313 North Broadway Presentation
7) David Rockefeller
Bedford Road
Proposed sub-division
8) Peter Grotto
300 North Broadway
Discussion
9) Fremont Pond
Peabody Field
Forebay Construction
10) Lighthouse Landing
Riverfront Development
Brownfield remediation
11) Approval of the January and September 2007 meeting minutes
12) Thomas &amp; Jane Phipps
22 Farrington Ave
Subdivision
13) Other
The agenda was unanimously adopted (5-0).
1) Nextel

Andrews Lane &amp; Elm St

This is a continuation from previous meetings.

Wireless Comm Facility -

�The Chair stated that the Board wants to plan a public site visit. It was agreed that the
site visit would take place on Saturday, November 17, 2007 at 9am.
Gary Malunis made a motion to hold a work session at the proposed Nextel site on
November 17, 2007. David Perlmutter seconded. It was unanimous (5-0).
This was adjourned to the next meeting.

2) L. Rodrigues Enterprises

172 Valley St

Public Hearing -

This is a continuation from previous meetings.
Sean McCarthy stated that the Village had received a letter from the applicant dated
November 15, 2007. He stated that the letter is in response to a memo from the Village
listing several required items that have still not been addressed by the applicant. He
stated that the applicant has requested more time to properly address these outstanding
items
The Chair opened the public hearing.
Since there were no public comments, David Perlmutter made a motion to adjourn the
public hearing to the next meeting. He also noted that the architect needs to be notified
that the Board wants these items addressed by the next meeting or the matter will be
stricken from the agenda. Ed McCarthy seconded. It was unanimous (5-0).

3) Peter Castro

335 North Broadway

Alterations &amp; change of use -

This is a continuation from previous meetings.
David Perlmutter made a motion to open the public hearing. Gary Malunis seconded. It
was unanimous (5-0).
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 modifications. He reviewed the parking and traffic plans
and conditions. He reviewed the ZBA’s conditional approval (below).
1) maintain the landscaping buffer
2) provide the parking arrangement with permanent stripping. He stated that
APPROVED - Planning Board Meeting, November 15, 2007

2

�parking spaces #8 and #9 were relocated to the fueling pumps
3) referred to the Planning Board for site plan approval
The Chair asked if the Village consultants had any questions.
Sean McCarthy stated that the applicant has made an application to the ARB. He stated
that there are currently no other issues.
The Chair asked if the Board had any questions.
There were none.
The Chair opened the public hearing.
Since there were no public comments, Nicholas Cicchetti made a motion to close the
public hearing. David Perlmutter seconded. It was unanimous (5-0).
Owen Wells read the draft Resolution aloud.
Nicholas Cicchetti made a motion to adopt the Resolution granting site plan approval.
David Perlmutter seconded. It was unanimous (5-0).

4) Julio Zhingri

290 North Washington St

New parking lot -

This is a continuation from previous meetings.
The Chair asked if proof of the mailings had been received.
Sean McCarthy responded yes.
Gary Malunis made a motion to open the public hearing. David Perlmutter seconded. It
was unanimous (5-0).
Julio Zhingri is the owner and is representing this application.
Sean McCarthy stated that this was a violation issue. He stated that the owner was
constructing a retaining wall and paving his driveway without the necessary approvals.
He stated that his engineer is currently working on the site drainage plans but the plans
are not completed yet.
Karl Dibble (315 North Broadway) asked who was designing the drywell system.
The Chair responded that the applicant has a private engineer designing the drywell
system.
APPROVED - Planning Board Meeting, November 15, 2007

3

�Don Catano (135 Lawrence Avenue) stated that there is a current issue in the area with
storm water.
Kosta Lumas (47 Lawrence Avenue) stated that the proposed retaining wall sits on top of
his retaining wall. He stated that the elevation distance creates a pooling effect that is
beginning to damage his retaining wall. He stated that since a site plan is not complete a
public hearing should not have been scheduled.
There was an open discussion on the completeness of the application and the public
hearing. The Chair stated that the Village staff was familiar with the application and that
the staff had advised the Board that the application was complete for the purposes of
conducting a public hearing.
Gary Malunis made a motion to adjourn the public hearing to the next meeting. David
Perlmutter seconded. It was unanimous (5-0).
The Chair stated that the applicant’s engineer should meet with the Building Inspector so
that the outstanding issues can be addressed.
The public hearing was adjourned to the next meeting.

5) George Samaras

76 Chestnut Street

Parking Lot–

This is a continuation from previous meetings.
Joseph Paiva is the project architect and is representing this application along with the
owner.
Joseph Paiva summarized the findings of the Waterfront Advisory Committee.
Sean McCarthy stated that the Waterfront Advisory Committee found the application to
be consistent with the LWRP.
David Perlmutter made a motion to schedule the public hearing for the next meeting.
Gary Malunis seconded. It was unanimous (5-0).

6) Karl Dibble

309-313 North Broadway

Presentation -

This is a continuation from the last meeting.
APPROVED - Planning Board Meeting, November 15, 2007

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�The Chair asked if the Village consultants had any comments on the revised site plans.
Owen Wells responded that there are some minor changes to the previously approved plans.
Dan Pennella stated that he has not had much time to review the plans. He stated that a
site visit might be required.
Sean McCarthy stated that the applicant wants to incorporate all of the changes into a
master plan.
There was an open discussion on whether this property is operating as a retail business.
Karl Dibble stated that the proposed retail office would be moved to the existing office
next door. He also wants to change the entrance gates from sliding to swing. He also
stated that the “No Left Turn” sign will also be relocated. He stated that the property is a
retail business. He stated that his business is open to the public.
There was an open discussion on whether to schedule a public hearing for the next
meeting.
Gary Malunis made a motion to schedule a public hearing for the next meeting. Nicholas
Cicchetti seconded. It was unanimous (5-0).

7) David Rockefeller

Bedford Road

Proposed sub-division

Andy Tung is representing this application on behalf of the owners.
Andy Tung gave an overview of the proposed sub-division. He described the existing
parcel. He stated that there are 2 lots proposed in the sub-division. He stated that the
remaining property will be transferred to the NYS Land Trust. He presented a subdivision plan that showed how the parcels would be divided.
David Perlmutter stated that the owner should present proof that the remainder of this
parcel is going to be transferred to the NYS Land Trust. He stated that if there are any
future sub-divisions planned, the Board should be made aware of it now.
Owen Wells asked about the proposed grade changes.
Andy Tung spoke about the slope changes on Bedford Road and how the proposed
entrances are located on Sleepy Hollow Road.
Gary Malunis made a motion to declare the Planning Board the Lead Agency under
SEQRA. David Perlmutter seconded. It was unanimous (5-0).
APPROVED - Planning Board Meeting, November 15, 2007

5

�Gary Malunis made a motion to refer this application to the Waterfront Advisory
Committee. David Perlmutter seconded. It was unanimous (5-0).
8) Peter Grotto
300 North Broadway
Discussion Nobody was present for this application.
Sean McCarthy stated that this application is before the Zoning Board for the necessary
variances.
No action was taken.

9) Fremont Pond

Peabody Field

Wetlands issues –

The Chair reviewed the status of the Fremont Pond matter.
Sean McCarthy stated that he has not received any new information on the outstanding
items.
The Chair stated that the Village Administrator and Village Department of Public Works
should submit an application and also present a remediation plan to the Board as to how
they plan on protecting the wetlands.

10) Lighthouse Landing

Riverfront Development

Special Permit -

The Chair stated that the Village Trustees will soon act on the Lighthouse Landing
application. He stated that there are some issues that are of interest to the Board that
should be clarified.
The Board agreed that the area alongside the Pocantico River should be developed
appropriately as to preserve the historic interpretation of the site.
The Board agreed that there should be a recommendation to the Village Trustees that the
archeological assets at the area along Continental Street be further investigated. He
stated that a Phase II Environmental Review should be performed to preserve the
archeological assets in the area.
The Chair stated that he has contacted Metro North regarding installing a drainage pipe
under the Metro-North tracks. He stated that Metro-North responded that a pipe can be
installed using a method called pipe-jacking.
APPROVED - Planning Board Meeting, November 15, 2007

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�The Board agreed that a recommendation be made to the Village Trustees about restoring
the estuary along Kingsland Point Park. The Board agreed that this area can be set aside
as a separate sub-division and that another group could develop the estuary.
The Board agreed that the road along side the railroad tracks should be constructed
during Phase I of the construction. The Chair stated that the access road would allow the
bath houses to be restored thru the monies donated by Scenic Hudson.
The Board agreed that the site of new DPW garage on Continental Street is proposed to
be constructed in the final phase. The Board agreed that the new DPW garage should be
constructed during Phase II of construction.
The Board continued their previous discussions on a comprehensive transportation
system. They recommended a jitney service as well as continuing intergovernmental
traffic discussions with Tarrytown.
Gary Malunis stated that a site visit should be scheduled soon.
The Board agreed that a site inspection would be scheduled to take place after the
scheduled Nextel site visit this Saturday, November 17, 2007.
The Board agreed that an inter-municipal overlay zone be recommended to the Village
Trustees. This would involve having the Village work with the other interested agencies
to develop a comprehensive solution to minimize flood conditions in the Pocantico River
watershed by creating retention basins upstream of the region.
There were no further recommendations from the Board.

11) Approval of minutes for January and October 2007–
The minutes for the January 18, 2007 will be reviewed at the next meeting.
Gary Malunis made a motion to approve the October 18, 2007 minutes as submitted.
Nicholas Cicchetti seconded. It was unanimous (4-0). Perlmutter absent.

12) Thomas &amp; Jane Phipps

22 Farrington Ave

Subdivision -

Jana and Thomas Phipps are the owners and are representing this application.
The Chair stated that this application is a lot line adjustment between two adjacent
property owners.
APPROVED - Planning Board Meeting, November 15, 2007

7

�The Chair asked if proof of the mailings had been received by the Village.
Jana Phipps left the meeting to retrieve the mailing receipts.
It was agreed that the public hearing can be held as long as the applicant can provide this
proof before the end of the meeting.
Gary Malunis made a motion to open the public hearing. Nicholas Cicchetti seconded. It
was unanimous (4-0) Perlmutter absent.
Thomas Phipps stated that he is selling a small part of his backyard to his rear neighbor
so that his neighbor can expand his garden.
Mario Bellanich (152 Washington Street) asked about the size of the property.
Thomas Phipps stated the parcel is only an 8-foot wide parcel. He stated that both
properties comply with the Village zoning code.
Gary Malunis stated that the Resolution should include language prohibiting any further
sub-divisions of the property for the purpose of creating an additional building lot.
Since there were no further public comments, Gary Malunis made a motion to close the
public hearing. Ed McCarthy seconded. It was unanimous (4-0). Perlmutter absent.
The Chair read the draft Resolution aloud for the record.
Jana Phipps provided proof of mailings to the Board.
Sean McCarthy and Nick Ward-Willis verified that all of the proof of mailings had been
received.
Gary Malunis made a motion to adopt the Resolution. Ed McCarthy seconded. It was
unanimous (4-0). Perlmutter absent.

13) Other –
The Board agreed to send well wishes to George Tanner.

Adjourned at 9:25 PM

APPROVED - Planning Board Meeting, November 15, 2007

8

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