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                  <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING - APPROVED
September 20, 2007
The meeting was called to order at 8:00 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

Absent:

Gary Malunis

Also Present:

Sean McCarthy (Village Architect, Village of Sleepy Hollow)
Anthony DelVecchio (Recording Secretary)
Owen Wells (Saccardi &amp; Schiff/ Village Planner)
Dave Smith (Saccardi &amp; Schiff/ Village Planner)
Dan Pennella (Charles A. Manganaro/Village Engineer)
Amanda Kandel (Keane &amp; Beane/Village Special Land-Use Counsel)
Mike Musso (LMS Engineers/Village Communication consultant)

Announcements –
None.

Proposed Agenda:
1) Nextel
Andrews Lane &amp; Elm St
Wireless Comms Facility
2) Marcelo Puglio
95 College Ave
Alteration &amp; change of use
3) L. Rodrigues Enterprises
172 Valley St
Prelim. Discussion
4) Grotto Holding Corp.
300 North Broadway
New office Bldg.
5) George Samaras
76 Chestnut Street
Parking lot for 175 Valley St
6) Thomas &amp; Jana Phipps
22 Farrington Ave
Subdivision
7) Carlos Rodrigues
7 Hudson Street
Addition &amp; change from 5 to 6 fam.
8) Julio Zhingri
290 North Washington St New parking lot
9) Fremont Pond
Wetlands issues
10) Lighthouse Landing
Riverfront Development
Brownfield remediation
11) Approval of the January, April, and July 2007 meeting minutes
The agenda was unanimously adopted (6-0).

�1) Nextel

Andrews Lane &amp; Elm St

Wireless Comms Facility -

The Chair asked if the proof of mailings for the public notices had been received.
Sean McCarthy responded yes.
The Chair asked if the Board had any questions.
There were none.
The Chair opened the public hearing.
Robert Gordioso is representing this application on behalf of the applicant.
Robert Gordioso gave an overview of the history of this application. He summarized the
proposed application. He stated that this application had been modified based on
previous comments from the Board. He stated that the original application was for a 92foot monopole. He stated that the current application calls for an 80-foot monopole.
Sean McCarthy stated that parking at the Senior Center was an issue.
Mike Musso (Village consultant) stated that this application has been previously
reviewed at 95 Beekman Avenue. He stated that the application has been reviewed for
radiation emissions and for the height aspects. He stated that the applicant has complied
with all of the Village’s technical requests. He stated that the potential exposure is far
below what is permitted.
George Tanner asked if the radio frequencies are radiating outward or down.
Mike Musso responded that the antennas are primarily focused on the horizon. He stated
that they can be adjusted to point to other cell sites.
George Tanner asked about the amount of radio frequency emissions that would radiate
toward street level.
Robert Gordioso responded that the figures were provided in the report. He summarized
the exposure levels at several distances from the monopole.
George Tanner asked how these levels relate to a homeowner.
Dave Collins (Pinnacle Telecom Group– Nextel consultant) summarized his credentials
for the record. He compared the emissions in a home-owners kitchen and the proposed
communication facility and how a person would be exposed to far more emissions in a
typical kitchen than from the proposed communication facility.
The Chair asked if the erosion control plan was addressed by the Board.
Dan Pennella responded that the applicant needs to address the existing site conditions
APPROVED - Planning Board Meeting, September 20, 2007

2

�prior to applying for a building permit.
The Chair stated that the Planning Board has previously prepared a Wireless GEIS to
address where wireless communication facilities can be installed in the Village. He
stated that under the existing laws, the local government can only control the aesthetics of
any proposed communication towers. He stated that the comprehensive plan controls the
aesthetics of these facilities while keeping with the historic nature of the village.
The Chair asked the public for comments.
Irene Amoto (president of Sleepy Hollow Seniors) stated that she objects to the location
of the facility near the senior center.
Maria DeiMilia-Powers (50 Elm Street) asked about the soil studies. She stated that the
soil studies might determine that the site is not useable.
Robert Gordioso responded that the soil needs to be sampled so that an appropriate
foundation can be performed. He stated that the final design of the pole will determine
the final foundation plan.
Maria DeiMilia-Powers stated that there are security issues at the proposed site.
Robert Gordioso responded that the responsibility of securing the equipment is the
responsibility of Nextel.
Maria DeiMilia-Powers stated that she has concerns about the emissions from this
facility. She also stated that the applicant should revisit the St. Theresa’s church location.
Mary Ann Hogan stated that there are supposed to be multiple antennas on this
monopole.
Mike Musso responded that this facility can accommodate 4 wireless providers.
Mary Ann Hogan stated that the Senior Center and Barnhardt park playground are not
250-feet away from this proposed monopole. She stated that this application should be
re-evaluated and relocated.
Mary Ellen Ferrera (95 Beekman Avenue) stated that she has cancer. She stated that
senior citizens are more vulnerable to illness than others.
The Chair stated that the Board is very concerned with the health and safety of the public.
He stated that the Board takes extra precautions when dealing with these matters.
Mario Bellanich (153 North Washington Street) stated that the Douglas Park location
should be used since it is closer to the cemetery and not in the inner Village.
APPROVED - Planning Board Meeting, September 20, 2007

3

�Josephine Galgano (53 Gory Brook Road) stated that the Sleepy Hollow Seniors have
waited a long time for the new senior center. She stated that the facility should not be
located so close to the senior center.
Edna Bellanich (153 North Washington Street) asked if this application is a done deal.
The Chair responded that the Board can control the aesthetics of the location and how it
integrates in the village.
Edna Bellanich stated that other locations should be considered.
David Perlmutter stated that the Board does not have jurisdiction over matters concerning
health. He stated that the Board can control matters on aesthetics.
Christopher Shoop (95 Beekman Avenue) stated that the appearance of the monopole will
take away from the inner Village.
Maria DeiMilia-Powers asked how the base equipment will be camouflaged.
Robert Gordioso detailed the proposed landscaping plan. He stated that the equipment
shed will be about 13-feet high.
The Chair stated that the Board will take the public comments into consideration. He
stated that the public can continue submitting comments to the Board.
The Board agreed that the public hearing will remain open to the next meeting.
Robert Gordioso stated that the foundation plan will be provided once a final design is
approved by the Village.
The Chair stated that the Board wants the record to be complete.
David Perlmutter asked why St. Theresa’s church steeple is not being considered.
Mike Musso responded that the site is not in the GEIS since the church is not willing to
permit the antenna to be installed at this location.
George Tanner made a motion to adjourn the public hearing and the application to the
next meeting. David Perlmutter seconded. It was unanimous (5-0).

2) Marcelo Puglio

95 College Ave

Alteration &amp; change of use -

This is a continuation from previous meetings.
Richard Blancato is the attorney representing this application.
APPROVED - Planning Board Meeting, September 20, 2007

4

�Richard Blancato stated that the applicant wants to park his trucks at this location. He
stated that the property will only be used to store trucks in the evening.
David Perlmutter made a motion to open the public hearing. Nicholas Cicchetti
seconded. It was unanimous (5-0).
The Chair asked if the proof of mailings for the public notices had been received.
Sean McCarthy responded yes.
Richard Blancato stated that the owner wants to use the interior garage to park his
construction vehicles. He stated that a new fence would be installed on the site along
with some landscaping.
The Chair asked if the Village consultants had any questions.
Owen Wells asked about the proposed indoor use.
Richard Blancato responded that the employees would park their cars inside of the garage
during the day. He stated that the construction vehicles would be parked in the garage
overnight.
Dan Pennella asked why a storm water management structure is not being proposed.
Richard Blancato responded that the site is only being repaved.
Dan Pennella responded that a storm water retention system should be included.
The Chair asked if there were any public comments.
Mario Bellanich (153 North Washington Street) asked what would be in the trucks.
Richard Blancato responded that the trucks are used for construction but they would be
empty when they are stored.
Since there were no further public comments, George Tanner made a motion to close the
public hearing. David Perlmutter seconded. It was unanimous (5-0).
Owen Wells stated that the applicant needs to evaluate if there is sufficient parking in the
rear of the property.
Ed McCarthy made a motion to approve the application with the condition that an
appropriate storm water management system be included. David Perlmutter seconded. It
was unanimous (5-0)

APPROVED - Planning Board Meeting, September 20, 2007

5

�3) L. Rodrigues Enterprises

172 Valley St

Preliminary Discussion -

Larry Rodrigues is the owner and is representing this application along with architect,
Ron Turnquist.
Ron Turnquist gave an overview of the proposed building layout. He discussed the
parking layout, proposed office space and apartment layouts in detail. He also described
the different parking levels.
The Chair asked if the village consultants had any questions.
Dan Pennella asked about stall 6C on the lower level.
Ron Turnquist responded that the parking space will require the vehicle operator to make
some additional maneuvers.
Sean McCarthy asked how many parking spaces are being lost on the street.
Ron Turnquist responded that one parking space will be lost. He stated that 16 parking
spaces are being proposed and 15 parking spaces are required.
The Chair asked if the applicant had appeared before the Waterfront Advisory
Committee.
Ron Turnquist responded yes. He stated that the Committee found the application
consistent with the LWRP.
Owen Wells asked the applicant to clarify where the dwelling units have been reduced.
Ron Turnquist showed where the dwelling units have been reduced.
Nicholas Cicchetti made a motion to schedule a public hearing for the next meeting.
David Perlmutter seconded. It was unanimous (5-0).

4) Grotto Holding Corp

300 North Broadway

New office Bldg. -

David Berbuti is the architect presenting this application on behalf of the owners.
David Berbuti stated that all of the technical issues were resolved with the Building
Department.
George Tanner asked the applicant to clarify several issues regarding illegal work on the
property.
David Berbuti responded that several issues were corrected. He stated that these items
APPROVED - Planning Board Meeting, September 20, 2007

6

�were regarding safety and security issues.
George Tanner stated that he is concerned that the applicant will not conform to any
approval granted by the Board.
There was an open discussion of the on-going work performed at the site.
The Chair asked if there were any other approvals required.
Sean McCarthy responded that the building is a pre-existing non-conforming use. He
stated that several variances are needed.
The Chair stated that the applicant should obtain all required variances before scheduling
a public hearing.
Nicholas Cicchetti made a motion to schedule the public hearing for the next meeting.
There was no second.
The Board unanimously agreed to refer the application to the Zoning Board.
This was adjourned to the next meeting.

5) George Samaras

76 Chestnut Street

Parking lot for 175 Valley –

Nobody was present for this application.
This was adjourned to the next meeting.

6) Thomas &amp; Jana Phipps 22 Farrington Ave

Subdivision -

Nobody was present for this application.
This item was removed from the agenda.

7) Carlos Rodrigues

7 Hudson Street

Addition &amp; change from 5 to 6 fam. –

Richard Blancato is representing this application along with the owner.
Richard Blancato stated that the owner purchased the property a few months ago. He
stated that that the Village records indicate that this property is a 5-family property but
APPROVED - Planning Board Meeting, September 20, 2007

7

�the Town records show a 4–family residence.
Owen Wells stated that this property is located in the RF District.
The Chair stated that this application is under the jurisdiction of the Village Trustees and
not the Planning Board.

8) Julio Zhingri

290 North Washington St

New parking lot -

Julio Zhingri is the owner and is representing this application.
Sean McCarthy stated that this property is a multi-family residence. He stated that the
applicant was performing work in the rear of the site to install a parking lot. He stated
that he stopped the work since it was being performed without a permit.
The Chair stated that this application needs to go to the Waterfront Advisory Committee.
This was adjourned to the next meeting.

9) Fremont Pond

Wetlands issues –

The Chair stated that a consent order should be sought from the NYSDEC so that the
enforcement issue can be resolved. He stated that the Village needs to seek the consent
order to prevent potential enforcement issues by the US Army Corps of Engineers.
No action was taken.

10) Lighthouse Landing

Riverfront Development

Riverfront Development -

The Chair stated that the Board cannot send a recommendation to the Village Trustees
since the Trustees have not taken any actions on the special permit application or the
LWRP findings yet.
The Chair stated that the Board should start compiling any generic conditions that would
apply site-wide so the Board can perform an expedited review once this matter is
officially on the Board’s agenda.
No action was taken.
APPROVED - Planning Board Meeting, September 20, 2007

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�11) Approval of minutes –
The minutes from the January meeting will be reviewed at the next meeting.
David Perlmutter made a motion to approve the April 18, 2007 as submitted. George
Tanner seconded. It was unanimous (5-0).
David Perlmutter made a motion to approve the July 19, 2007 as submitted. George
Tanner seconded. It was unanimous (5-0).

Adjourned at 9:59 PM

APPROVED - Planning Board Meeting, September 20, 2007

9

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