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                  <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING - APPROVED
December 20, 2007
The meeting was called to order at 8:00 pm by David Perlmutter, Acting Chairman. The
Chair noted that a quorum was present.
Present:

David Perlmutter, Acting Chairman
Nicholas Robinson, Chairman
Nicholas Cicchetti
Ed McCarthy
Gary Malunis
George Tanner

Absent:

None

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 –
David Perlmutter stated that he will Chair the meeting until Chairman Robinson arrives.

Proposed Agenda:
1) Julio Zhingri
290 North Washington St New parking lot
2) George Samaras
76 Chestnut Street
Parking lot for 175 Valley St
3) David Rockefeller
Bedford Road
Subdivision
4) Fremont Pond
Peabody Field
Update
5) L. Rodrigues Enterprises
172 Valley St
Prelim. Discussion
6) Nextel
Andrews Lane &amp; Elm St
Wireless Comm Facility
7) Lighthouse Landing
Riverfront Development
Brownfield remediation
8) Approval of the January 2007 and November 2007 meeting minutes
The agenda was unanimously adopted (5-0).

1) Julio Zhingri

290 North Washington St

New parking lot -

This is a continuation from previous meetings.
There was nobody present for this application. This was adjourned to the next meeting.

�2) George Samaras

76 Chestnut Street

Parking Lot–

This is a continuation from previous meetings.
George Samaras stated that his engineer needs more time to prepare the requested
materials.
Chairman Perlmutter stated that since this was a public hearing, the public should be
allowed to speak.
Chairman Perlmutter opened the public hearing.
Since there were no public comments, George Tanner made a motion to adjourn the
public hearing to the next meeting. Gary Malunis seconded. It was unanimous (5-0)
(Chairman Robinson absent).
This was adjourned to the next meeting.

3) David Rockefeller

Bedford Road

Sub-division -

Andy Tung is representing this application along with owner’s representative, James
Ford.
Andy Tung gave an overview of the proposed sub-division. He also gave an update of
the Waterfront Advisory Committee’s findings.
Chairman Perlmutter stated that the Board requested clarification on future sub-divisions.
James Ford stated that the applicant’s attorney is in the process of donating the remaining
property to the Rockefeller State Preserve. He stated that the remaining property
contained in the Village of Sleepy Hollow would be not sub-divided. He gave assurances
that this would be the last sub-division for residential purposes.
The Board unanimously agreed that a public hearing should be scheduled for the next
meeting.

4) Fremont Pond

Peabody Field

Update-

Nick Ward-Willis stated that the Village Consulting engineer has submitted as-built
drawings to the US Army Corps of Engineers. He stated that the Corps can either make
the Village apply for additional permits or can accept the as-built drawings as submitted.
APPROVED - Planning Board Meeting, December 20, 2007

2

�No action was taken.

5) L. Rodrigues Enterprises

172 Valley St

Preliminary Discussion -

This is a continuation from previous meetings.
Jon Turnquist is the project architect and is representing this application along with
owner, Larry Rodrigues.
Jon Turnquist gave a brief overview of the project. He stated that he needs some time to
address the items in the Building Departments October 17, 2007 letter.
Sean McCarthy responded that the Oct 17, 2007 letter needs to be addressed by the
applicant.
Chairman Perlmutter stated that these items should be clarified by the next meeting. He
stated that the architect needs to meet with the Building Department and address these
items.
Chairman Perlmutter re-opened the public hearing.
Jose Chivera (70 Depeyster Street) stated that he is opposed to this project. He stated that
this project will make the communities parking and density worse. He stated that the
existing 2-family house should remain since it would be more in keeping with the
character of the neighborhood. He stated that the owner is the only person benefiting
from this project.
George Samaras (175 Valley Street) stated that this would be an improvement to the area.
Since there were no further public comments, Chairman Perlmutter adjourned the public
hearing to the next meeting.

Chairman Robinson arrived at the meeting.

6) Nextel

Andrews Lane &amp; Elm St

Wireless Comm Facility -

This is a continuation from previous meetings.
The Chair noted that a site inspection took place last month. He stated that the Board and
3
APPROVED - Planning Board Meeting, December 20, 2007

�its consultants toured the site. He stated that the Board inspected the area around the new
Senior Center as well as around Barnhardt Park and the GW site (east and west parcels).
He stated that the Board specifically analyzed the potential aesthetic impacts of the
proposed monopole on the surrounding community.
The Chair stated that the Board also received a further analysis of the site from the
Village RF consultant (Mike Musso).
There was an open discussion on whether the applicant wanted the Village Special LandUse counsel to recuse themselves from this application.
Nick Ward-Willis stated that no conflicts exist. He referred to a memo written to support
this position.
Sean McCarthy summarized Mike Musso’s memo. The memo referred to five questions
related to the application. The memo discussed minimum flagpole height, relocating the
flagpole to the adjacent Duracell parking lot, possibility of co-locating a flag pole near
Village Hall. The possibility of using 2 smaller towers in lieu of one large flagpole.
Lastly, the memo answered the questions if the flagpole could be installed at the DPW
garage.
The Chair stated that two towers already exist in the area and the applicant wants to
provide coverage between Tarrytown and Phelps hospital. He stated that this proposed
location is near Barnhardt Park and close to the new Village Senior Center.
The Chair stated that the Board evaluated a lower structure but according to Mike Musso,
the tower could not be lower than 70-feet or the proposed coverage would be inadequate.
He stated that the Board evaluated the aesthetic impacts of this site particularly on the
Senior Center.
The Chair also stated that the Board reviewed if this structure should be illuminated. He
stated that all reports would be made available to the applicant.
Owen Wells read a draft Resolution aloud for the record.
David Perlmutter made a motion to present this Resolution to the Board. Gary Malunis
seconded. It was unanimous (5-0).
The Chair stated that the proposed wind stress parameters should include the historic
wind stress since the Village recently experienced a tornado.
The Chair stated that the view shed along Andrews Lane should also be included in the
view shed impacts.
APPROVED - Planning Board Meeting, December 20, 2007

4

�The Chair asked if the Board had any other questions.
There were none.
The Chair polled the Board.
Gary Malunis –
Yes
George Tanner –
No
David Perlmutter – Yes
Ed McCarthy No
Nicholas Cicchetti – No
Ed McCarthy stated that the Village is trying to rejuvenate Andrews Lane. He stated that
this application is not helping the improvements in the area.
George Tanner stated that a monopole in front of Village Hall would be the best solution
for the Village and the applicant.
George Tanner made a motion to relocate the proposed facility in front of Village Hall.
Nicholas Cicchetti seconded.

George Tanner made a motion to enter into executive session. David Perlmutter
seconded. It was unanimous (6-0).
The Board entered into executive session at 9:00PM

The meeting resumed at 9:14pm. No action was taken.

David Perlmutter made a motion to resume the meeting. Gary Malunis seconded. It was
unanimous (6-0).
George Tanner asked for a clarification on the draft Resolution regarding the wind stress
and the incorporation of the recent tornado. He stated that the tornado should be used as
a baseline. He also stated that additional screening is needed on Andrews Lane and Elm
Street. He stated that fully mature trees should be used to provide additional screening
from the proposed structure to mitigate view shed impacts.
The Board agreed that 20-foot trees should provide sufficient screening.
Nicholas Cicchetti stated that the soil stability needs to be addressed. He stated that the
APPROVED - Planning Board Meeting, December 20, 2007

5

�proposed structure is going to be placed on fill material. He stated that appropriate
language needs to be added to properly address this issue.
The Chair stated that as an alternative, the hillside could be built-out so that trees could
be planted and stabilize the slope.
The draft Resolution was edited to require a deep type foundation as well as the addition
of retaining walls to prevent against slope settlement and sliding. The required
landscaping was also modified to mitigate view shed impacts.
Gary Malunis made a motion to include the changes in the draft Resolution. David
Perlmutter seconded. It was unanimous (6-0).
David Perlmutter made a motion to adopt the draft Resolution as amended. Gary
Malunis seconded. It was approved (5-1). (McCarthy).

7) Lighthouse Landing

Riverfront Development

Special Permit -

The Chair summarized the Brownfield remediation at the site.
The Chair stated that there are still a few issues that need to be further analyzed. He
stated that the Village needs to meet with the Rockefeller State Park Preserve and
adjacent municipalities. He stated that an upstream retention basin process needs to be
further studied to prevent flooding downstream.
The Chair stated that the Tree Commission review and how it relates to the site plan
review process needs to be strengthened. He also stated that the Village needs to also
update its standards climate change.
The Chair stated that the Board should raise these issues to the Village Trustees for action
at the next meeting.

8) Other George Tanner stated that the former Tornello (Citgo) gas station has changed ownership.
He stated that the owner should have sought ARB approval for the sign changes. He also
stated that there are several illegally parked vehicles on the site.
Sean McCarthy responded that the awning was merely painted.
George Tanner stated that 300 North Broadway has activity on the site.
Sean McCarthy responded that the owner has a permit to perform some mechanical work
6
APPROVED - Planning Board Meeting, December 20, 2007

�on the site.
George Tanner stated that Karl Dibble still has large construction vehicles on the front of
his property.
Sean McCarthy responded that he would investigate.

9) Approval of minutes –
The minutes for the January and November 2007 minutes will be reviewed at the next
meeting.

Adjourned at 9:44 PM

APPROVED - Planning Board Meeting, December 20, 2007

7

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