https://sleepyhollow.localarchives.org/files/original/ca62418f5252d268020874a4e2bcf19d.pdf 3baa7aa936854ebf978bbdb117b28e2a PDF Text Text VILLAGE OF SLEEPY HOLLOW PLANNING BOARD MEETING - APPROVED May 19, 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 George Tanner Gary Malunis Nicholas Cicchetti Ed Napoleon Ed McCarthy Absent: David Perlmutter Also Present: Owen Wells (Saccardi & Schiff/Village Planner) Sean McCarthy (Village Architect, Village of Sleepy Hollow) Anthony DelVecchio (Recording Secretary) Jennifer Porter (Keane & Beane/Village Special Land-Use Counsel) Proposed Agenda: 1) 2) 3) 4) 5) 6) 7) 8) Resolution of appreciation for Jim Margotta Monopole/Omnipoint Miller 24 Lakeview Drive Doorley Palmer Avenue Kennedy Pokahoe Drive Mill Point Partners 300 North Broadway KWD Realty 309-313 North Broadway Minutes for April 2005 Announcements – George Tanner made a motion to adopt the revised agenda. Ed Napoleon seconded. It was unanimous (6-0) George Tanner made a motion to enter into executive session to discuss matters of potential litigation. Ed Napoleon seconded. It was unanimous (6-0). The Board entered into executive session at 8:04pm. The meeting resumed at 8:21pm No action was taken. George Tanner made a motion to ban camera crews from the meeting based on current Planning Board policy. Gary Malunis seconded. �The Chair stated that the Planning Board has a standing policy that does not allow the meetings to be videotaped. The Chair asked if Sunny McLean had a written decision from the Village Attorney on whether the meetings could be videotaped. Sunny McLean stated that she has spoken to the Village Attorney but she does not have a written decision. She stated that the residents of the Village have a right to know what is going on at the meetings. The Chair referred to special land use counsel since the Village Attorney was not present. Jennifer Porter stated that the matter needs to be researched further. The Chair stated that the Planning Board would not violate the Public Meetings Law. The Chair stated that the meeting would be adjourned until the matter is resolved. The vote was unanimous (5-0) (Chair abstained). George Tanner made a motion to adjourn the meeting until the matter is resolved. Ed Napoleon seconded. Sunny McLean stated that she would retract her position until this matter is resolved. The Chair stated that this matter would try to be resolved before the next meeting. The Board is referring this matter to the Village Attorney for a clear ruling. The Chair asked the Planning Board’s Special Land Use counsel to confer with the Village Attorney for a clear ruling at the next meeting. George Tanner made a motion to withdraw his motion to adjourn the meeting. Ed Napoleon seconded the motion to withdraw. It was unanimous (6-0). 1) Resolution of Appreciation Nicholas Cicchetti made a motion to issue a Resolution of appreciation to Jim Margotta for his many years of service to the Village. Ed Napoleon seconded. It was unanimous (6-0). 2) Omnipoint/Monopole The Chair stated that this matter has not moved forward. The Chair stated that a Resolution would be made with written findings to cite that the monopole is in violation. APPROVED - Planning Board Meeting, May 19, 2005 2 �George Tanner made a motion to draft the Resolution. Gary Malunis seconded. It was unanimous (6-0) 3) Miller Marcus Luck is the project engineer and is representing this application. George Tanner made a motion to re-open the public hearing. Ed Napoleon seconded. It was unanimous (6-0). Marcus Luck summarized the Tree Commission review. He stated that the layout is being revised to save one of the trees on the property. The Chair asked for a copy of the revised footprint. Marcus Luck reviewed the revised layout drawing. The Chair asked if the Village Arborist has reviewed the revised plan. Marcus Luck responded that the comments from the Village Arborist arrived today. Nicholas Cicchetti summarized the Tree Commission’s review of the site. He stated that part of the pool would be supported by the flagstone. He asked how the other side of the pool would be supported. Marcus Luck responded that the retaining wall would support the pool. Nicholas Cicchetti stated that the WAC members did not visit the site to fully understand the comprehensive impacts to this project. Sean McCarthy stated that the WAC comments included additional screening. Marcus Luck stated that the plan does not include comments from Bob Carpenter. The Chair read the submitted letter aloud. Nicholas Cicchetti stated that the location of the pool is too close to the lake. Gary Malunis stated that a meeting should be set-up with the NYS Arborist to discuss the impacts to the trees on the site. Sean McCarthy stated that the pool might be able to be relocated in order to save the trees. Marcus Luck responded that the pool could be moved but the applicant would like to have advice of the Board in order to proceed. The Chair stated that the NYSDEC Arborist should come and stake out the site to APPROVED - Planning Board Meeting, May 19, 2005 3 �determine the impacts on the trees. Gary Malunis asked about the pool size. Marcus Luck responded that the width of the pool is 6-feet. He stated that the combined lengths of the dunking pool and spa are 14-feet. Gary Malunis stated the spa was supposed to be removed from the proposal. Marcus Luck stated that the spa and a dunking pool are proposed to be constructed within the space of a lap pool. This item was carried over to the next meeting. No action was taken. 4) Doorley Geraldine Tortanello is an attorney representing this application along with owner, Michael Doorley. Geraldine Tortanello spoke about the proposed plan. She summarized the application to date. She stated that the application before the Board is not for site plan approval but for sub-division approval. The Chair asked if the applicant would be willing to undertake completing an expanded Environmental Assessment Form (EAF) to address the concerns of the Waterfront Advisory Committee and others. He stated that the EAF would allow the Board to make findings that would permit compliance with SEQRA similar to the County House Road sub-division. Geraldine Tortanello responded that an expanded EAF could be performed. Geraldine Tortanello asked if the WAC referral would be required. The Chair stated that the WAC has reviewed this application before and has provided comments. Nicholas Cicchetti stated that the WAC review was for a 5-unit sub-division. The Chair stated that the applicable WAC policies have been identified. Geraldine Tortanello asked for some objective standards as a matter of guidance. The Chair stated that the Board was concerned with the view-shed analysis, scale of the proposed houses, etc. He stated that the same issues from County House Road should be covered. He stated that the intention is not to perform an EIS but to gather all pertinent 4 APPROVED - Planning Board Meeting, May 19, 2005 �information together in order for the record to be complete. Geraldine Tortanello asked for a public hearing for the next meeting. Ed Napoleon made a motion to schedule a public hearing for the next meeting subject to the receipt of the EAF. Ed McCarthy seconded. It was unanimous (6-0). 5) Kennedy – Emilio Escalades is the project engineer and is representing this application along with James Kennedy. Sean McCarthy summarized this application. The Chair asked if the mailings were received. Sean McCarthy responded yes. Ed McCarthy made a motion to open the public hearing. Ed Napoleon seconded. It was unanimous (6-0). The Chair stated that consent of the owner is needed on order to proceed with the application. James Kennedy stated that he is the contract vendee. The applicant agreed that the owner’s written consent would be submitted to the Village. Emilio Escalades summarized the application to date. He stated that the original proposed house has been reduced by 33%. Gary Malunis asked for an actual number that the houses were reduced. Emilio Escalades responded that the houses were reduced from 8000 square feet to 4590 square feet. He stated that the footprint is located in the wetlands buffer. He stated that the mitigation measures are proposed. Steven Coleman is an engineering consultant. He spoke about the proposed methods that would minimize the impacts to the wetlands. The Chair asked for an explanation on how the proposed methods would protect the wetlands. Steven Coleman stated that the any drainage that would accumulate would be directed to drywells. He stated that this wetland area has been substantially disturbed from prior activity. APPROVED - Planning Board Meeting, May 19, 2005 5 �Gary Malunis recalled that Emilio Escalades stated at last meeting that 55% of the buffer would be invaded. Emilio Escalades agreed that he stated that there would be 50-feet of re-contoured terrain because of the construction. The Chair referred to a letter from Mike Stein (Village Engineer) concerning storm water and site drainage supporting calculation, erosion and sediment control measures, etc. Emilio Escalades stated that a percolation test was performed on the site witnessed by Dolph Rotfield. Sean McCarthy stated that a letter was received by Dolph Rotfield indicating that the proposed design meets the County Best Management Practices for Stormwater Design. The Chair asked about the date of the drawing that the applicant is using in tonight’s presentation. Emilio Escalades responded 05-18-05. The Chair asked if the consultants had any questions. Owen Wells asked if any additional plantings are proposed. Emilio Escalades responded that any tall specimen would not be used. He stated that the applicant is open to adding additional landscaping. The Chair asked if additional copies of the drawing are available. Emilio Escalades responded no. The Chair opened the public hearing. Leonard Andrews (7 Pokahoe Drive) spoke. He referred to his letter dated May 18, 2005. He referred to several items in his letter submitted to the Board. He stated that LWRP policies should be reviewed further. He requested that that actions of the ARB be found to be premature without the formal actions of the Planning Board. He stated that the action should be a Type I action. The Chair stated that the Board has referred this matter to counsel. He stated that under the Village Code, Section 6-4(c) refers to the Architectural Review Board referrals. There was an open discussion on the accuracy of the previous Architectural Review Board approvals and the status of the application with the Planning Board. Sean McCarthy responded that a building permit cannot be issued until the wetlands permit is granted. John Dower (8 Pokahoe Drive) stated that he submitted a letter to the Board. The Chair acknowledged receipt of the letter today. John Dower stated that the entire rear of the property is affecting the wetlands. He APPROVED - Planning Board Meeting, May 19, 2005 6 �reviewed several points from his letter. He stated that neighbor Mary Bagley is concerned with how the wetlands are going to impact her property as well. The Chair stated that because revised documents have only been received tonight, an expanded Environmental Assessment Form (EAF) should be completed. Emilio Escalades responded that the expanded EAF would be completed. The Chair stated that the impacts on the Fremont House from a historic perspective, address the drainage issues, etc. James Kennedy stated that the Fremont House is not historical house. The Chair stated that the historical perspective of the house should be explained in the EAF. John Dower asked about the revised submissions dates. The Chair stated that all items must be submitted 2 weeks prior to the next meeting. Ed Napoleon made a motion to adjourn the public hearing. Nicholas Cicchetti seconded. It was unanimous (6-0). 6) Mill Point Partners Michael Molinelli is the project architect and is representing this application along with Dan Beaton and attorney Kyle McGovern. Michael Molinelli spoke about the application to date. He spoke about the live-work space. He spoke about the mixed-use interpretation discussions with the Village Architect. He stated that the scheme would have the entire lower level as commercial and the entire upper level would be residential. He stated that there would be eight units in total. He stated that six units would be commercial/residential and two units would be residential only. George Tanner asked how the parking would be impacted because of the changes. Michael Molinelli responded that bedrooms would be reduced to make the parking comply. Michael Molinelli stated that there would be access from Route 9 to the residences and the commercial space via an elevator. The Chair asked if this property was located in a C-1 zone. Sean McCarthy responded yes. APPROVED - Planning Board Meeting, May 19, 2005 7 �The Chair asked about the home profession uses allowed. Michael Molinelli responded that the Village code specifies the uses. He mentioned the allowable uses currently in the Village Code. The Chair asked about the existing footprint. Michael Molinelli responded that the footprint is remaining the same. The Chair asked the applicant to recap the parking plan. Michael Molinelli discussed the revised parking plan. He stated that calculations would be provided once the layout is finalized. George Tanner asked about the C-1 zone and what is allowable. Sean McCarthy responded that the building needed to be more consistent with a mixeduse building. The Chair asked about the garage uses. Michael Molinelli responded that the garage spaces would be used primarily by the residences. The Chair asked about the sewer connection. Michael Molinelli responded that the nearest connection point would be used. The Chair asked about the energy star program and how it would be used on this property. Michael Molinelli responded that the energy star program requirements would be met if not exceeded. Gary Malunis asked if the units would be sold off. Michael Molinelli responded that the units would be sold off as condominiums. Gary Malunis asked about the proposed green space. Michael Molinelli spoke about the green space near the proposed entry access points. Dan Beaton stated that the parking lot would have some landscaping as well. The Chair asked if any variances are needed. Michael Molinelli responded that the front yard setback variance is needed. The Chair stated that a recommendation from the Waterfront Advisory Committee is needed. Sean McCarthy responded once revised plans are submitted, the applicant will appear before the Waterfront Advisory Committee. APPROVED - Planning Board Meeting, May 19, 2005 8 �This was continued to the next meeting. No action was taken. 7) KWD Realty Karl Dibble is the owner and is representing this application. Karl Dibble submitted a letter to the Board. He stated that he recently acquired 309-313 North Broadway to use as a garden center. He stated that the curb cuts are existing and a DOT permit is not required. He stated that the existing parking lot would accommodate parking and traffic flow. He spoke about the proposed use of the site. He stated that a stone retaining wall would be built to the property-line. He stated that the site drainage design has not yet been completed. He stated that dry wells would be used to capture storm water runoff. George Tanner asked what would be stored in the garage. Karl Dibble responded that grass seed, etc would be stored. George Tanner stated that the existing site plan does not allow storage of landscaping materials. There was an open discussion on the merging of the lots and the amending of the previous site plan approval. The Chair spoke about the collapse of the culvert on the site. The Chair stated that the repairs need to be worked out with Westchester County, NYS, the Village, and the property owner. The Chair stated that the Village Attorney needs to be consulted to investigate a solution to repair the sidewalk. George Tanner stated that there cannot be a left-turn existing the property. Sean McCarthy stated that the business must be a retail establishment. The Chair stated that the previous site plan needs to be amended to include the proposed changes. George Tanner asked about the cars currently parked on the site. Karl Dibble stated that he allows his neighbor to park cars on the site when the business is busy. APPROVED - Planning Board Meeting, May 19, 2005 9 �There was an open discussion on the The Chair stated that: 1) The previously approved site plan needs to be amended (315 North Broadway). 2) Work with Village to repair sidewalk. This was adjourned to the next meeting. No action was taken. 8) Minutes The minutes for April 2005 will be reviewed at the next meeting. 9) Other Owen Wells stated that the Village Trustees are having a public hearing on the proposed zoning amendments. The Chair asked about the proposed 4-acre zoning changes. Owen Wells stated that he would investigate it. The Chair spoke about the Village’s reservoir FEIS and on the Horan’s Landing site. He stated that the Planning Board is an interested agency on both matters. He stated that comments should be provided to the Village Trustees. He stated that SEQRA matters should be carried onto the agenda to keep the Village out of litigation. George Tanner made a motion to adjourn. Ed Napoleon seconded. It was unanimous (6-0). Adjourned at 10:16 pm to the next meeting. APPROVED - Planning Board Meeting, May 19, 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_2005-05-19 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