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                  <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING - APPROVED
March 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
Gary Malunis
Nicholas Cicchetti
Ed McCarthy

Absent:

George Tanner

Also Present:

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

Announcements –
None.

Proposed Agenda:
1)
2)
3)
4)
5)
6)

Lighthouse Realty
224 Beekman Ave Change of Use
Cortese Construction
Terrace Close
New single fam. resid
Peter Castro
335 Broadway
Site Plan approval
Estate of Laurance S. Rockefeller County House Road 3 lot Sub-division
Lighthouse Landing
Riverfront Develop. Brownfield’s discussion
Approval of the December 2006 and January 2007 meeting minutes

David Perlmutter made a motion to adopt the agenda as amended. Ed McCarthy
seconded. It was unanimous (5-0).

1) Lighthouse Realty (224 Beekman Ave Change of Use) Owen Wells summarized the draft Resolution.
The Chair asked if the Board had any questions.
There were none.

�David Perlmutter made a motion to adopt the draft Resolution. Ed McCarthy seconded.
It was unanimous (5-0).

2) Cortese Construction (Terrace Close

New single family residence) -

Mark Constantine is representing this applicant along with architect Dennis Rubich and
owner, Andrew Cortese.
The Chair asked the Village consultants to update the Board on this application.
Owen Wells summarized the Planning Board’s recent site visit to the property.
Dan Pennella commented on the proposed storm water management plan.
The Chair stated that the Board had received a letter signed by several neighbors. The
letter provides comments on the proposed application.
Mark Constantine summarized the application to date.
The Chair re-opened the public hearing.
Richard Weiss (2 Terrace Close) stated that he is not opposed to building on the site. He
stated that the applicant has maximized the amount of house that he can build on this lot.
He stated that the house can be built in a way as to maximize the river views and
minimize the visual impacts from the proposed structure. He proposed an example of
building the house sideways to create this proposed effect.
Jim Leaper (10 Birch Close) stated that he is also not opposed to the construction on the
lot but the proposed construction can be proposed in a more creative way as to not be so
obtrusive to the river views.
Gus McGernie (6 Birch Close) stated that his property would be receiving most of the
rainwater from this site in a storm event. He stated that he is concerned with this
potential problem.
The Chair referred to the Village Engineer.
Dan Pennella stated that the proposed storm water system will release the storm water at
a slower rate.
There was an open discussion on the existing sewer line swale.
APPROVED - Planning Board Meeting, March 15, 2007

2

�Joan Levy-Weiss (2 Terrace Close) stated that the area is a small space. She expressed
concerns with Fire Department access to the site in an emergency. She also asked about
the possible damage to resident’s homes if the Board approves the application and the
neighbors incur damage to their homes due to the issues raised.
The Chair stated that the issues raised can be addressed. He stated that if an approval is
granted, it can be granted with conditions. He stated that the residents can put a claim
against the Village.
Since there were no further public comments, Nicholas Cicchetti made a motion to close
the public hearing. Gary Malunis seconded. It was unanimous (5-0).
The Chair stated that the following reports are needed:
1) Existing trees on the site need to be identified and sent to the Village Tree
Commission.
2) Fire Department access needs to be certified.
3) Additional information on the sewer line swale as also required.
This application was adjourned to the next meeting.

3) Peter Castro (335 Broadway Site Plan approval) John Hughes is the attorney representing this applicant.
John Hughes summarized the application to date. He stated that he wants to start the site
plan approval process over with the Board. He stated that the traffic report was submitted
to the Village.
David Perlmutter stated that the major concerns of the Board were not addressed in the
traffic report.
Gary Malunis stated that the proposed traffic pattern on-site does not appear safe.
John Hughes stated that the traffic consultant will attend the next meeting.
The Chair asked Sean McCarthy if this matter is before the Zoning Board.
Sean McCarthy responded yes. He stated that this matter was referred to the Planning
Board for advice.
The Chair stated that the Planning Board should provide advice and sent the matter back
to the Zoning Board.
Sean McCarthy stated that the ZBA was also concerned with the number of trips
generated between the service station and the proposed convenience store.
APPROVED - Planning Board Meeting, March 15, 2007

3

�This was adjourned to the next meeting.
4) Estate of Laurance S. Rockefeller (County House Road 3 lot subdivision)John Schnapper is an attorney representing this applicant.
John Schnapper described the proposed sub-division. He stated that the parcel is lot 10
and is about 40-acres. He stated that the parcel would be divided into 3 parcels. He
stated that the parcels would be broken into sub-divisions of 8-acres, 13-acres and 18acres. He stated that the parcels would not be developed. He stated that the 18-acre
parcel would be transferred to the State land trust. He also stated that the other 2 parcels
would be purchased by family members.
The Chair stated that this application needs a public hearing and also needs to be
reviewed by the Waterfront Advisory Committee.
The Board unanimously agreed that the public hearing would be held at the next meeting
(4-0) (Perlmutter absent).

5) Lighthouse Landing (Riverfront Development - Brownfield’s discussions)
The Chair summarized the NYS DEC’s Preliminary Interim Remedial Measures (IRM)
document.
The Chair referred to Dave Smith to summarize his report on the DEC process.
Dave Smith stated that the DEC has approval authority on a part of the Lighthouse
Landing development. He stated that the NYS DEC’s process is moving forward. He
stated that the Board should prepare and provide comments on the Brownfield’s portion
of the project.
Dave Smith referred to a map of the “hot spots” on the site. He also spoke about the
monitoring wells that are required for monitoring sub-surface conditions in the future.
He stated that at least 75% of contaminated material can be removed by rail. He stated
that a geo-textile fabric will be used to indicate where the contaminated materials are
located underground.
Joel Sachs summarized the meetings with the Village and the NYSDEC and the
NYSDOH over the past several years. He stated that the PAOC (potential areas of
concern) have been reduced to two or three. He stated that the soil in these areas would
be removed from the site. He spoke about venting the methane gas currently on site. He
4
APPROVED - Planning Board Meeting, March 15, 2007

�spoke about the Environmental Easement that will set restrictions on the uses for the
property.
The Chair noted the “hot spots” on the large Village site map. He stated that these areas
would be cleaned-up. He stated that the old Village dump would continue to be vented
even after the Village garage was constructed.
Mark Churtek (environmental consultant for the applicant) stated that the applicant is
proposing to install a venting system for the methane gas.
The Chair stated that the site utilities would be placed in a much large trench that would
be lined with a geo-fabric. He stated that based on the high water table, the placement of
the site utilities need to be further investigated.
Mark Churtek stated that the site utilities are not a contamination issue. He stated that
most of the utilities will be located above the water table.
The Chair stated that the safe placement of the utilities is not clear in the IRM plan. He
stated that the workers and utilities should be safe. He wants the applicant to provide
information on the bottom of the utility trenches.
Mark Churtek responded that the applicant will provide guidance on this matter. He
stated that this information is already provided in the EIS.
Joel Sachs responded that the potential corrosion issues and safety issues that need to be
addressed.
The Chair stated that these issues can be raised tonight and resolved in a work session.
The Chair stated that the demarcation barrier should be located throughout the entire site.
He stated that over time, this demarcation barrier will be forgotten.
The Chair stated that the DEC is requiring monitoring wells. He stated that the site plan
should not be held up to preserve the monitoring wells.
The Chair spoke about emergency medical provisions during the Brownfield remediation.
He also spoke about the Hudson River sediment that needs to be remediated. He spoke
about the process of removing the contaminated materials from the site. He spoke about
the process of dewatering of the contaminated fill from the site. He referred to the county
waste water receiving standards to receive this contaminated water.
The Chair spoke about the unlicensed point source, actually a swale that was apparently
constructed by GM on the east parcel in the Pocantico River.
The Chair asked if the Board members or consultants had any additional comments.
APPROVED - Planning Board Meeting, March 15, 2007

5

�There were none.
Mark Churtek stated that he was unaware of the unlicensed point source discharging into
the Pocantico River.
Joel Sachs stated that the Board should submit written comments to the DEC on the IRM.
He stated that the public comment period ends on April 28, 2007.
The Chair stated that the DEC would like to issue its decision on May 15, 2007.
The Board unanimously agreed that the work session would take place on April 18, 2007
at 6:00pm. It was also agreed that Board members will individually show up on April
28th for the DEC public hearing.

6) Minutes for the December 2006 and January 2007 meetings The minutes from the December 2006 meeting were reviewed.
Nicholas Cicchetti made a motion to approve the minutes as submitted. Gary Malunis
seconded. It was unanimous (4-0) (Perlmutter absent).
The minutes from the January 2007 meeting will be reviewed at the next meeting.

Adjourned at 9:15 pm.

APPROVED - Planning Board Meeting, March 15, 2007

6

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