https://sleepyhollow.localarchives.org/files/original/64f13fb3b4b128f3f8d7276588427f90.pdf 537357cdeb2ac34962b8d8786dc830f0 PDF Text Text VILLAGE OF SLEEPY HOLLOW PLANNING BOARD MEETING - APPROVED November 17, 2005 The meeting was called to order at 8:09 pm by Nicholas Robinson, Chairman. The Chair noted that a quorum was present. Present: Nicholas Robinson, Chairman David Perlmutter Gary Malunis Ed McCarthy Nicholas Cicchetti George Tanner Ed Napoleon Absent: None Also Present: Owen Wells (Saccardi & Schiff/Village Planner) Sean McCarthy (Village Architect, Village of Sleepy Hollow) Anthony DelVecchio (Recording Secretary) Mike Stein (Dolph Rotfield/Village Engineer) Dave Smith (Saccardi & Schiff/Village Planner) Joel Sachs (Keane & Beane/Village Special Land-Use Counsel) Announcements – The Chair stated that the Board had a 7:00pm work session regarding the traffic, environmental issues, etc of the Lighthouse Landing Draft FEIS. He stated that the Board would provide comments to the Village Trustees when appropriate. He stated that the Board is reviewing the GM documents very carefully. Proposed Agenda: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) Lighthouse Landing Phelps Memorial Hospital Master Plan Amendment Carol Lyden Gorey Brook Road Mill Point Partners 300 North Broadway KWD Realty 309-313 North Broadway Kennedy Construction Wetlands Permit George Samaras 76 Chestnut Street Augustin Triana 128 Cortlandt Street Rey Agency Preliminary Presentation Sleepy Hollow Cemetery Community mausoleum Site Plan Compliance Minutes of June, July, September and October 2005 meetings George Tanner made a motion to adopt the agenda. Ed Napoleon seconded. It was unanimous (7-0). �1) Lighthouse Landing The Chair referred to his previous announcement. 2) Phelps Memorial Hospital The Chair asked if the public notices were received. Sean McCarthy responded yes. George Tanner made a motion to open the public hearing. Nicholas Cicchetti seconded. It was unanimous (7-0). Andy Tung is the project planner. He is representing this application along with Phelps Hospital CEO, Keith Safian and attorney, Bruce Allen. Andy Tung reviewed the proposed master plan. He described the building layouts which included the new medical services building and proposed parking layout changes. He spoke about the new parking structure. He spoke about the proposed parking and building revisions that are intended to help patients get into the hospital faster. Andy Tung stated that a visual analysis was requested by the Board at the last meeting. He stated that the visual analysis was requested from the walkway into Rockwood Hall to the new parking structure. He displayed a rendering of the new medical services building and parking structure. He spoke about the proposed methods of access. He displayed a photo of the walkway into Rockwood Hall. He showed another photo from the pathway looking into the Phelps Hospital campus in the area of the proposed structures. Lastly, he showed another photo showing the potential visual impacts of the parking structure. The Chair asked if the Board had any questions. There were none. The Chair asked if the Village consultants had any questions. Owen Wells asked that more evergreen species be planted. Andy Tung responded that the plantings should be planted once the structure is completed to maximize the trees ability to survive. George Tanner asked about the number of trees. He asked if the number of trees proposed to be planted under this work be left open-ended. The Chair responded that the Kendal-on-Hudson landscaping was not as robust as anticipated. He stated that a tree planting plan be presented to the Board so that it can APPROVED - Planning Board Meeting, November 17, 2005 2 �approve of the proposed landscaping. Mike Stein stated that the storm water plans are still being reviewed. The Chair asked if the public had any comments. Walter Cicconi (120 New Broadway) how much is this going to cost the patients to park at the hospital. Keith Safian responded that the hospital does not plan to charge for parking. Since there were no further public comments, David Perlmutter made a motion to close the public hearing. George Tanner seconded. It was unanimous (7-0). Owen Wells read the Resolution aloud for the record. David Perlmutter made a motion to adopt the draft Resolution as amended. Ed McCarthy seconded. It was unanimous (7-0). Joel Sachs stated that the site plan compliance issues on the Kendal-on-Hudson should be addressed with the applicant present. The Chair stated that the Building Inspector has already addressed these issues with the applicant. 3) Carol Lyden The Chair asked if the returns were received. Sean McCarthy responded yes. David Perlmutter made a motion to open the public hearing. George Tanner seconded. It was unanimous (7-0). Bob Snyder is representing this application on behalf of the applicant along with several members of the PCI design team and attorney, Don Stever. Bob Snyder responded to a letter submitted by the neighbor’s attorney. He stated that the applicant either owns or partially owns the entire parcel. He stated that the applicant has the right to construct this accessory structure. He stated that the property is located in an agricultural district and NYS encourages the use of agricultural land. Bob Snyder stated that the stable is 115-feet away from the neighbor’s property. He spoke about the fertilizer issues on the property. APPROVED - Planning Board Meeting, November 17, 2005 3 �Stan Weeks (Agricultural Engineer representing the applicant) spoke about fertilizer levels that are applicable to the project. He spoke about daily levels of fertilizer that would be deposited into the soil by the proposed stables. He reviewed the nitrogen and phosphorous levels that a normal lawn would require and what the horses would contribute. He stated that the horses would only contribute 13% of the required nutrients needed for this property. He spoke about the potential nutrient runoff. George Tanner asked the applicant since he constantly is referring to Saratoga Springs, is the area on well water or on municipal water. Stan Weeks responded municipal water. Don Stever added that Sleepy Hollow is also on municipal water. Gary Malunis asked about urine calculations. Stan Weeks responded that the manure calculation includes urine as well. Fred Margone is the applicant’s project engineer for storm water management. He reviewed the erosion and sediment control plan. He spoke about the protection methods that are proposed which included silt fencing and hay bales. He spoke about the proposed storm water management plan and the water supply issues. Dave Smith asked about the current site drainage. Fred Margone showed a plan which indicating that the existing site drainage and the proposed stable storm water issues. Bob Snyder reviewed the stable interior plan. He discussed the manure storage area and the proposed manure containment area. He spoke about deliveries to and from the site regarding hay, feed and manure removal. David Perlmutter asked about the ownership of the property. Bob Snyder responded that the three parcels are owned by Carol Lyden and different members of her family. Bob Snyder reviewed several issues regarding odor and insects. He stated that the proposed use of the site is applicable. Don Stever spoke about the submitted letter from the neighbor’s attorney. He spoke about the control of the property. He stated that Carol Lyden controls the entire site. David Perlmutter responded that documents could be prepared so that the properties cannot be sold separately. Don Stever spoke about the 25-year flood storm water plan based on discussions with the 4 APPROVED - Planning Board Meeting, November 17, 2005 �Village Engineer to not submit calculation of the 100-year storm. George Tanner spoke about the development and improvement of agricultural land. He stated that no food or agricultural products are being produced at this site. Bob Snyder responded that the applicant will only use the site for recreational uses. He stated that the stable will not be used as a commercial stable. Ed McCarthy asked about moving the stable away from the neighbors property since the applicant owns so much land. Bob Snyder responded that moving the stable too far away would place it outside of the area designated by the Westchester Land Trust. Ed Napoleon asked about the visual impacts of the stable on the neighbor’s property. Bob Snyder responded that the stable is only 12.5 feet high where the zoning code allows a 15-foot structure. Ed Napoleon asked if screening could be used to mitigate the visual impacts. Bob Snyder responded yes. The Chair stated that the 100-year storm calculations should be submitted to the Board since the board requires the 100-year storm event as a standard for storm water management design. The Chair asked if there were any public comments. Katherine Zalantis is an attorney representing the neighbors (Peter and Carol Zegarelli). She urged the Board to visit the site. She stated that the stable is proposed in the worst possible location. She stated that the applicant could place the stable in another location on the 20-50 acre parcel. She spoke about the volumes of manure and urine that will be produced by the stable. She stated that the proposed stable is proposed on high ground with a dense residential community below. She stated that the applicant will not be subject to any of these issues but the neighbors will. She referred to the Village Code regarding accessory structures. She stated that the use is not allowed on this lot. She stated that a use variance should be obtained by the applicant. The Chair referred to Special Land Use counsel. Joel Sachs stated that the Building Inspector needs to make a determination regarding the interpretation of the zoning code. The Chair stated that the public should be heard. He also stated that Village Attorney should determine the relevant jurisdiction of the Planning Board and the nature of the application and the question surrounding the use of the separate lot. APPROVED - Planning Board Meeting, November 17, 2005 5 �Joel Sachs responded that he would work with the Building Inspector but the Village Attorney cannot provide an interpretation on the Zoning Ordinance. The Chair responded that once the Zoning Code is interpreted by the Building Inspector, the status of the application before the Planning Board needs to be clarified. Pat Kerns (147 ½ Weber Ave) stated that she was not given notice of the public hearing. She stated that the storm water runoff has been a concern in the Weber Park area for many years. She stated that the area floods during rainstorms. The Chair stated that the Board has required previous applicants to provide dry wells in an attempt to mitigate the effects of years of poor storm water management in the Village. Paul Mascarella (Weber Ave) spoke about the potential insecticides that can impact his family. Claudio Guzzo (2 Ridge Street) asked if there is any work planned on Ridge Street. He stated that he is concerned with the manure and pesticide that will be generated by the stable. He stated that the surrounding community should be considered. Katherine Gavallia (144 Weber Avenue) stated that she is concerned with the potential manure odors. Walter Cicconi (120 New Broadway) stated that horseflies will be an issue. John Whalen (153 Weber Avenue) asked if the applicant has considered another location for the stable. He stated that it does not seem that the applicant has considered another site. Bob Snyder responded that the land-use planner could not be present. He stated that it was known by the Peter and Carol Zegarelli that a stable would be built on the site. Carol Zegarelli (21 Ridge Street) stated that in negotiations with David Rockefeller that they were made aware that a small stable would be built on the property. She stated that the proposed stable is 100-feet from her kitchen. Peter Zegarelli (21 Ridge Street) stated that the stable could be moved behind their house. He stated that there are many issues that need to be addressed. He stated that he is concerned with the possible contamination of his well-water. He stated that the wellwater is used to heat and cool his home and to water his lawn. He stated that his well has potable water. He stated that his property value will suffer. He stated that he is not opposed to the stable. Jack Arcate (225 Weber Avenue) asked if there is a county or state-wide environmental APPROVED - Planning Board Meeting, November 17, 2005 6 �review of the proposed stable. The Chair reviewed the State Environmental Quality Review Act (SEQRA). Dave Smith responded that this application has been forwarded to the Westchester County Department of Planning. Jack Arcate also stated that he appreciates that he has an agricultural area around his property but he agrees with the neighbors’ concerns about the location of this stable. Karl Dibble (315 North Broadway) asked if the stable is visible from Weber Park. Bob Snyder responded no. Since there were no further public comments, the Chair adjourned the public hearing. He asked the applicant to address the issues raised by the Board and by the public. The Chair stated that the next meeting would be on 15 December 2005. George Tanner made a motion to adjourn the public hearing. David Perlmutter seconded It was unanimous (7-0). No action was taken. The Chair called a 10-minute recess at 9:50pm. The meeting resumed at 10:00pm. 4) Kennedy Construction This is a continuation from previous meetings. George Tanner made a motion to re-open the public hearing. David Perlmutter seconded. It was unanimous (7-0). Richard Blancato stated that the additional information has been submitted to the Board. He stated that all litigations have been settled and he requested that the Board determine that it has no jurisdiction in this matter. The Chair stated that the sworn affidavit from the wetlands expert has not been submitted to the Board. He stated that the Board has requested this information over four months ago. He stated that he has no knowledge of any settlement in the previous litigations against the Village. He stated that the record is incomplete without the sworn affidavit. 7 APPROVED - Planning Board Meeting, November 17, 2005 �David Perlmutter made a motion to adjourn to the next meeting. George Tanner seconded. It was unanimous (7-0). 5) Mill Point Partners Dan Beaton is the owner and is representing this application. Dan Beaton gave a brief overview of the revised plans. He spoke about the reduction of the number of units. He spoke about the efforts made to minimize the traffic impacts in the area. He spoke about the garage spaces. George Tanner asked about the guest parking. He stated that a visitor would have to park in the rear and walk around to New Broadway. Dan Beaton responded that a buzzer or other mechanism could be installed. Dan Beaton stated that there is no parking in the area. He stated that the proposal would not make the area worse. He stated that the Zoning Board wanted to meet with the Planning Board to discuss the project. Sean McCarthy responded that the Zoning Board was concerned with parking, traffic and office uses. The Chair stated that the Zoning Board needs to rule on the matters before the Zoning Board and not refer matters back to the Planning Board. Joel Sachs agreed. Dan Beaton reviewed the other zoning variances sought. Ed McCarthy asked about the proposed tandem parking. Dan Beaton explained the tandem parking layout. There was an open discussion on the tandem parking layout. The Chair asked the applicant to sit down with the Village Engineer and the Building Inspector to discuss the parking layout. 6) KWD Realty Robert Spencer asked if the Board had any questions on the application. APPROVED - Planning Board Meeting, November 17, 2005 8 �The Chair referred to a letter submitted by the applicant regarding the retail business establishment. There was an open discussion regarding the type of sales that will be conducted at the property. It was agreed that bulk sales will not take place on the site. Owen Wells stated that the applicant has submitted a Coastal Assessment Form. David Perlmutter made a motion to declare the Planning Board as the Lead Agency. George Tanner seconded. It was unanimous (7-0). The Board referred the applicant to the Waterfront Advisory Committee for a consistency determination. 7) George Samaras Richard Blancato asked for an adjournment to the next meeting. 8) Augustin Triana John Hughes is the attorney representing this application on behalf of the applicant. John Hughes stated that this is a preliminary discussion. He stated that he is requesting to demolish the existing structure. He stated that the owners have suffered through some financial hardship and this project would straighten out the property. He stated that next month, he would return with more detailed plans. No action was taken. 9) Rey Agency Steven Costa is representing this application on behalf of the owners. Steven Costa stated that the application involves changing the first floor occupancy of the property to accommodate his business. He stated that the owner has had difficulty renting the property because of the activity of the adjacent gas station. Sean McCarthy responded that the property is zoned in a highway commercial district APPROVED - Planning Board Meeting, November 17, 2005 9 �and the change in zoning from residential to commercial requires a site plan review. George Tanner made a motion to declare the Planning Board as the Lead Agency. David Perlmutter seconded. It was unanimous (7-0). The Chair referred the application to the Waterfront Advisory Committee for a consistency determination. 10) Sleepy Hollow Cemetery Ed Napoleon recused himself from this application. Dan Penella is representing this application on behalf of the Sleepy Hollow Cemetery. He stated that the Sleepy Hollow Cemetery is proposing a two-story community mausoleum. He described the location of the proposed structure as opposite of Farrington Avenue. He stated that any rainwater collected as a result of the new impervious areas will be collected in dry wells. George Tanner made a motion to declare the Planning Board as the Lead Agency. David Perlmutter seconded. It was unanimous (6-0) Napoleon abstained. The Chair referred the application to the Waterfront Advisory Committee for a consistency determination. 11) Site Plan Compliance Monopole - George Tanner expressed dissatisfaction on the Village’s actions regarding the monopole. 12) Minutes The minutes for the June, July, September and October meetings will be reviewed at the next meeting. The Chair stated that a standard form for the meeting minutes needs to be filled out in order to comply with NYS law. Adjourned at 10:42 pm to the next meeting. APPROVED - Planning Board Meeting, November 17, 2005 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-2005 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_2005-11-17 Subject The topic of the resource Planning Board Minutes & Resolutions-2005 Date A point or period of time associated with an event in the lifecycle of the resource 2005 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