https://sleepyhollow.localarchives.org/files/original/391c84d3b4581a28db99d21020d4fa56.pdf 9866fcfcd6e574a2bbc2686e4a2e4b7d PDF Text Text VILLAGE OF SLEEPY HOLLOW PLANNING BOARD MEETING - APPROVED December 15, 2005 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 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) Nick Ward-Willis (Keane & Beane/Village Special Land-Use Counsel) Announcements – Proposed Agenda: 1) 2) 3) 4) 5) 6) 7) 8) 9) Carol Lyden Horse Stable 150 Gorey Brook Rd Kennedy Construction Wetlands Permit Pokahoe Drive Rey Agency Prelim Presentation 219 N Broadway Sleepy Hollow Cemetery Community mausoleum H. Molina New 2-family house 49-51 Chestnut St Robin Bernacchia swimming pool 4 County House Rd Prelim Draft FEIS Minutes of June, July, September, October and November 2005 meetings Site Plan Compliance George Tanner made a motion to adopt the agenda. David Perlmutter seconded. It was unanimous (7-0). 1) Carol Lyden The Chair stated that the applicant’s attorney has requested an adjournment to the next meeting. �George Tanner made a motion to adjourn this application to the next meeting. Ed Napoleon seconded. It was unanimous (7-0). 2) Kennedy Construction This is a continuation from previous meetings. Gary Malunis made a motion to re-open the public hearing. Ed Napoleon seconded. It was unanimous (7-0). The Chair stated that the Board had received the sworn affadavit from the applicant’s wetlands expert as well as a letter from neighbor John Dauer. Richard Blancato stated that the sworn affidavit has been submitted to the Board. He stated that the application is complete and the Board should make a decision this evening that it does not have jurisdiction in this matter. He also stated that the property contains several dead trees that need to be removed from the property for safety. The Chair stated that the removal of trees are under the jurisdiction of the Village Tree Commission. He stated that he did not know if the submitted hand-marked up survey would satisfy the Board. He stated that the Board had requested a topology grid with the soil types and other relevant information. He summarized the history of the application. The Chair stated that the affidavit is still unclear with respect to the NYS requirements. He stated that the applicant has had ample time to submit the required information. He stated that the missing information might not be able to be obtained until late-spring. He stated that the Village should retain a wetlands expert to verify the submitted information. Richard Blancato responded that the wetlands engineer and the surveyor staked out the wetlands buffer. The Chair asked that the Board had requested the required information several times. He stated that the requested information must be submitted by the applicant in order for the Board to make a decision. Richard Blancato responded that the applicant has tentatively settled all litigations that resulted from this application. He stated that the settlements are dependent on getting approvals within a certain time frame. The Chair responded that the information before the Board is appealable to the NYS Wetlands Appeals Board. He stated that he does not understand why the applicant has not submitted the requested information. Richard Blancato responded that the structure is more than 100-feet from the wetlands buffer area. APPROVED - Planning Board Meeting, December 15, 2005 2 �The Chair stated that the drawing submitted to the Board does not have any data points on it and does not have the surveyor’s professional seal. George Tanner stated that the Board has requested this information many times and the applicant has repeatedly failed to submit the information. There was an open review of the previously submitted survey and the newly submitted wetlands delineation sketch. The Chair stated that the Board requested an explanation of how the delineated wetlands survey lines were prepared. Richard Blancato responded that the wetlands engineer and surveyor had delineated the wetlands buffer and the information is included in the report. The Chair responded that the information is not in the affidavit. He stated that this information is clearly stipulated in Article 24 of the Environmental Conversation Law requires. George Tanner responded that the affidavit was lacking information. Richard Blancato responded that Stephen Coleman was making a survey of the perimeter of the wetlands and how close the perimeter was to the buffer. The Chair asked the Board for their comments. He stated that the Village could retain a wetlands consultant to review all of the submitted information to see if the Board has jurisdiction. He also stated that the Board could have the applicant complete the data in the record or the Board could wait until the Spring to perform the proper delineation with an independent wetlands expert. The Chair stated that if the applicant seeks a wetlands permit, the applicant still needs to address the protection plan for the buffer zone. He stated that the plan could be submitted to the Building Department as a condition of the permit approval. Richard Blancato responded that he does not have a problem with getting a wetlands permit with conditions. He stated that a fence will be erected to protect the wetlands buffer. He stated that he does not care if it is determined that the Board has jurisdiction and a wetlands permit is issued. The Chair stated that the applicant has previously requested that the Board to determine its jurisdiction in this matter. He stated that the applicant could have dropped the jurisdictional issue months ago and proceeded with the wetlands permit application. George Tanner made a motion to enter into executive session to discuss jurisdictional matters. Gary Malunis seconded. It was unanimous (7-0). APPROVED - Planning Board Meeting, December 15, 2005 3 �The Board entered into executive session at 8:28pm. Ed Napoleon made a motion to resume the meeting. George Tanner seconded. It was unanimous (7-0). The meeting was resumed at 8:34pm. No action was taken. The Chair stated that if the applicant is willing to accept the wetlands delineation, the applicant would confer with the Village staff on the conditions of the permit for decision at the next meeting. He stated that the public hearing would be held closed this evening but will be held open for written comments for 10 days. The Chair asked if there were any other public comments. There were none. Ed Napoleon made a motion to close the public hearing. Gary Malunis seconded. It was unanimous (7-0). George Tanner made a motion to accept public written comments until December 27, 2005 due to the holidays. The Village consultants would take into account all written comments into the draft wetlands permit. The draft wetlands permit would be circulated to the Board two weeks before the next meeting so that the Board can deliberate on the draft with the expectations of adopting the Resolution at the next meeting. Gary Malunis seconded. It was unanimous (7-0). 3) Rey Agency Frank Rey is the owner and is representing this application. Frank Rey summarized the Waterfront Advisory Committee findings. George Tanner made a motion to make a negative declaration under SEQRA and schedule a public hearing for the next meeting. David Perlmutter seconded. It was unanimous (7-0). Frank Rey requested that he be allowed to do some urgent cosemetic work on the property. The Chair instructed the applicant to discuss with the Building Department what is allowable under the local law. APPROVED - Planning Board Meeting, December 15, 2005 4 �4) Sleepy Hollow Cemetery Ed Napoleon recused himself from this application. Ed Napoleon and Dan Penella are representing this application on behalf of the Sleepy Hollow Cemetery. Ed Napoleon submitted several documents to the Board. Dan Penella stated that the Sleepy Hollow Cemetery is proposing a two-story community mausoleum. He summarized the events from the recent Waterfront Advisory Committee meeting. He acknowledged receipt of engineering comments from the Village’s engineering consultants. He also stated that the engineering issues would be addressed at the next Board meeting. George Tanner made a motion to set the public hearing for the next meeting. Gary Malunis seconded. It was unanimous (6-0) Napoleon abstained. The Chair stated that the advice of the Waterfront Advisory Committee is needed before the a decision can be made. The Chair asked if the adjacent cemetery plot owners need to be notified. David Logan (President of the Board, Sleepy Hollow Cemetery) stated that the plot owners are the owners of the cemetery but allow the management to the Board of Directors. The Chair stated that the property owners adjacent to the cemetery should be notified as well as the immediate plot owners. He stated that a generic public notice should be circulated. Nick Ward-Willis responded that the plot owners within a certain radius of the proposed mausoleum should be notified. It was agreed that the Village Attorney would determine what is a reasonable amount of cemetery plot owners that need to be noticed. This was adjourned to the next meeting. 5) H. Molina Jon Turnquist is the project architect representing this application on behalf of the owners. APPROVED - Planning Board Meeting, December 15, 2005 5 �Jon Turnquist spoke about the proposed project. He stated that the lot is currently vacant. He spoke about the required variances needed. He stated that the existing parking spaces would be used to satisfy the Village Code requirements for parking. He stated that each unit has 2-bedrooms. George Tanner stated that 2 parking spaces are required. Sean McCarthy stated that a variance is needed for the 2-family residence since the lot is an existing non-conforming lot. Jon Turnquist stated that the site used to be a bar and at one-time it was also a boarding house. He stated that this structure would be an improvement to the neighborhood. He stated that there is an existing curb cut for the lot. George Tanner asked about the size of the parking spaces. Jon Turnquist responded each parking space is 9’x19’. Owen Wells stated that he had several technical issues with the site plan. He stated that the property owners within 200-feet should be notified. Jon Turnquist stated that the site engineering would be further developed if the Zoning Board grants the variances. It was agreed that the applicant would be referred to the Zoning Board for the required variances. The Chair asked about the types of homes in the area. Jon Turnquist responded that the area consists of 2 and 3-family homes. It was agreed that the applicant would be referred to the Zoning Board and the Waterfront Advisory Committee. 6) Robin Bernacchia Kevin Ambrosio is the landscape architect and is representing this application on behalf of the owners. Kevin Ambrosio described the proposed site plan. He spoke about the proposed pool and elevated spa. He spoke about the existing site conditions and the proposed flagstone patio. He spoke about the proposed retaining wall. He stated that the retaining wall is 54” high. He described the proposed fence and gate. He spoke about the restrictive 6 APPROVED - Planning Board Meeting, December 15, 2005 �utility easements and the associated property setbacks. He spoke about the erosion and sediment control plan during construction. Ed Napoleon asked about the height of the retaining wall. Kevin Ambrosio responded that the wall is 6” on the pool side and 54” in total. He stated that a landscape buffer is proposed in lieu of a railing. Sean McCarthy asked if there is another railing proposed because the proposed landscaping buffer is not wide enough. Kevin Ambrosio responded that the landscape buffer could be made as wide as the Village requires. Sean McCarthy also stated that the patio cannot encroach on the property setbacks. The Chair referred to the Village consultants. Mike Stein stated that dry wells locations have not been provided yet. It was agreed that the applicant be referred to the Waterfront Advisory Committee. Nicholas Cicchetti asked if the adjacent neighbors in the new development would be notified. Sean McCarthy informed the applicant of the public notice requirements. 7) Mill Point Partners Dan Beaton addressed the Board. He stated that the Zoning Board directed that the application be sent back to the Planning Board for site plan approval. Nick Ward-Willis stated that the code allows the Planning Board to submit comments and recommendations to the Zoning board. The Chair stated that the Zoning Board had issues with parking and traffic and wanted the Planning Board’s input on whether this application is suitable for this site. Dave Smith read Village code section 62-48 aloud. The Chair asked the Board if they would make recommendations to the Zoning Board. George Tanner asked if the variances were minimal. Sean McCarthy responded that the variances are not minimal under the law. He stated that the variances are substantial as per the setback limitations. APPROVED - Planning Board Meeting, December 15, 2005 7 �George Tanner stated that the building is not changing much. Sean McCarthy responded that the bulk of the building is increasing. Nick Ward-Willis stated that the footprint is remaining the same. David Perlmutter made a motion that the requested variances are appropriate for this proposal. George Tanner seconded. It was unanimous (7-0). Dan Beaton asked if the Board could schedule a public hearing contingent upon getting all of the required variances. George Tanner made a motion to schedule a public hearing for the January meeting contingent upon the applicant obtaining all of the required variances. David Perlmutter seconded. It was unanimous (7-0). George Tanner made a motion to declare the Board as the lead agency. Ed Napoleon seconded. It was unanimous (7-0). 8) Preliminary Draft FEIS The Chair stated that the Department of Environmental Conservation is not far along in their review of the GM site issues. He stated that the overall project will be delayed as a result of the DEC decision making timeframes. The Chair stated that the east side of the site will contain the Village garages and athletic fields. He stated that the Final EIS should address an accelerated timetable for the eastside of the railroad tracks. He also stated that the design of the garage should contain a methane venting system so that once the blacktop is removed, the venting will occur automatically. The Chair stated that test pits should be done to determine if the archeological record at the site will require further investigations. The Chair also stated that although the buildings along the waterfront have been lowered, he stated that the development still has the appearance of a block development. He stated that the development needs some architectural variations. He also stated that the traffic impacts including emergency access have not been properly addressed. The Chair spoke about some possible environmental hot-spots. The Chair referred to a prepared document that summarizes the Board’s comments. APPROVED - Planning Board Meeting, December 15, 2005 8 �The Chair asked if the Board had any other comments. David Perlmutter stated that the Metro-North railroad station needs to be addressed. He stated that the proposed railroad station can make or break the development. George Tanner stated that the traffic impacts in the area are going to be difficult to overcome. The Chair stated that the Metro-North railroad issue and associated traffic impacts will be added into the Board’s comments. Nicholas Cicchetti stated that the traffic impacts on Route 9 need to be addressed. The Chair responded that the Route 9 alternatives need to be addressed. He stated that the GM site has proposed limiting traffic in some areas by adding some turning lanes. He added the comment that the Route 9 design alternatives (North and South) should be examined further. George Tanner stated that the traffic impacts from the Ferry’s Landing project in Tarrytown should also be studied. There was an open discussion on the current stage of the Ferry Landing project. Nick Ward-Willis stated that the Draft FEIS has been released. The Chair stated that the Board should comment on the Ferry Landing Draft FEIS. It was agreed that since Special Land-Use counsel has a copy of the Ferry Landing Draft FEIS, he would circulate copies to the Board. The Chair responded that the applicant needs to take into account the Ferry Landing FEIS into their FEIS. The Chair stated that the number of children that will be entering the public school system needs to be reconciled. The Chair discussed the ratio of rentals to owners from the DEIS to the preliminary Draft FEIS. Nicholas Cicchetti stated that the number of townhouses should be increased. There was an open discussion on whether the rental units would be subject to rent stabilization. The comments would be circulated to the Board members and then forwarded to the Village Trustees. APPROVED - Planning Board Meeting, December 15, 2005 9 �8) Minutes The minutes for the June, July, September, October and November meetings were reviewed. The minutes for June 2005 were reviewed. George Tanner made a motion to approve the minutes as amended. Gary Malunis seconded. It was unanimous (7-0). The minutes for July 2005 were reviewed. David Perlmutter made a motion to approve the minutes as amended. George Tanner seconded. It was unanimous (7-0). The minutes for September 2005 were reviewed. George Tanner made a motion to approve the minutes as submitted. Gary Malunis seconded. It was unanimous (7-0). The minutes for October 2005 were reviewed. David Perlmutter made a motion to approve the minutes as amended. George Tanner seconded. It was unanimous (7-0). The minutes for November 2005 were reviewed. David Perlmutter made a motion to approve the minutes as submitted. George Tanner seconded. It was unanimous (7-0). 9) Site Plan Compliance a) monopole Sean McCarthy stated that two weeks ago he had a meeting with the Phelps Hospital to inform them that the monopole height exceeds what was approved. He stated that the hospital indicated that a letter would be sent to the monopole owner directing the monopole owner to lower the height of the structure. George Tanner stated that this matter has been dragging on. He stated that the Village’s enforcement to date is not acceptable. Dave Smith stated that if any work is performed on the monopole, a building permit is required. George Tanner made a motion to send a letter from the Planning Board to Phelps Hospital asking them to lower the height of the monopole. A second letter will also be sent to the monopole owner, Crown to make a new application to the Planning Board since the height of the monopole is illegal. If the matter is not addressed, litigation will follow. David Perlmutter seconded. It was unanimous (7-0). Adjourned at 9:40 pm to the next meeting. APPROVED - Planning Board Meeting, December 15, 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_2005-12-15 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