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                  <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING - APPROVED
January 20, 2005
The meeting was called to order at 8:02 pm by Nicholas Robinson, Chairman. The Chair
noted that a quorum was present.
Present:

Nicholas Robinson, Chairman
George Tanner
Ed Napoleon
Ed McCarthy
Gary Malunis

Absent:

David Perlmutter
Nicholas Cicchetti

Also Present:

Owen Wells (Saccardi &amp; Schiff/Village Planner)
Mike Stein (Dolph Rotfeld Engineers/Village Engineer)
Sean McCarthy (Village Architect, Village of Sleepy Hollow)
Anthony DelVecchio (Recording Secretary)
Nicholas Ward-Willis (Keane &amp; Beane/Village Special Land-Use Counsel)
Ed Lammers (Murphy, Stecich &amp; Powell/Village Counsel)
Mike Musso (Lawler, Matusky &amp; Skelly/Village RF Engineer)

Proposed Agenda:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)

GM DEIS update
Monopole/Omnipoint
Sleepy Hollow Designs
309 LLC
Larry Doyle
Kendal-on-Hudson
Mountco
Anthony Marmo
Nextel
Code compliance
Valley Street land use study
Zoning map amendments
Minutes
Other

Announcements –
None.
1) GM DEIS update Dave Smith stated that the Village Trustees have accepted the GEIS from Roseland
Developers. He described the SEQRA review process and what milestones remain. He

�spoke about the site plan review process.
Dave Smith stated that a public hearing is scheduled for February 28, 2005. He stated
that the Mayor has requested that all Board members involved in the review process
attend the public hearing.
Dave Smith stated that the Village is forming several sub-committees to evaluate the
major issues.
The Chair stated that the Planning Board would present a formal statement at the
February 28, 2005 public hearing.
The Board agreed that it would hold a worksession on February 12, 2005 at 8:30am. The
Board also agreed that a meeting with the Waterfront Advisory Committee should take
place to discuss Local Waterfront Revitalization Plan (LWRP) and the GM site.
The Chair stated that there was a meeting with the Mayor and all Village Boards on
January 24, 2005 to discuss the Board’s involvement in the review process.
The Chair asked counsel if the site plan could be split into functional site plans or be
handled as one site plan.
Nicholas Ward-Willis responded that Joel Sachs is lead counsel for the GM DEIS.
The Chair stated that feedback should be provided at the Board’s next meeting.
No action was taken.

2) Monopole/Omnipoint The Chair stated that a meeting with Snyder and Snyder would be scheduled for
February. He also stated that feedback from the RF consultant on coverage alternatives
without aesthetic impacts should be submitted to the Board.
No action was taken.
3) Sleepy Hollow Designs This is a continuation from previous meetings.
Robert Barstow is representing this application. He stated that the building has been
further scaled down to 4-units based on the Planning Board’s comments at the last
meeting. He stated that the proposed structure now complies with the zoning requirement
2
APPROVED - Planning Board Meeting, January 20, 2005

�for lot coverage (35%). He stated that the parking requirements have also been met based
on the reduction in dwelling units. He addressed comments from the Village consultants
regarding egress, landscaping, etc. He stated that three variances are still required (front
yard setback, rear yard setback and lot area).
George Tanner asked about the number of bedrooms and the number of parking spaces.
Robert Barstow responded that there are two 1-bedroom units and two 2-bedroom units
proposed. He stated that seven parking spaces are proposed.
George Tanner asked about the height of the building.
Robert Barstow responded that the building would be under the 45-foot Village
requirement.
The Chair asked the applicant if he had addressed Sean McCarthy’s letter dated 01/17/05.
Robert Barstow responded yes.
Sean McCarthy asked how the applicant would prevent cars from backing out of the
parking lot. He asked if any physical barriers would be installed.
Robert Barstow stated that bollards would be installed. He spoke about the location of
the bollards.
The Chair stated that since the applicant has already received a favorable
recommendation from the Waterfront Advisory Committee, the applicant should get
Zoning Board approval as well.
George Tanner made a motion that the Zoning Board be unanimous in their approval of
the required variances. Ed Napoleon seconded. It was unanimous (5-0).
The Chair informed the applicant that all documents must be submitted to the Building
Department by February 3, 2005 in order for the Board to act on the application at the
February 17, 2005 meeting.
Robert Barstow acknowledged the submission deadline.
This was adjourned to the next meeting.

4) 309 LLC The Chair stated that the Village Planner (Saccardi &amp; Schiff) has a conflict of interest
with this application and have recused themselves. He stated that Sean McCarthy would
review the documents.
Chris Layman is the owner and is representing this application along with Dan Beaton
APPROVED - Planning Board Meeting, January 20, 2005

3

�and attorney, Matthew DeLosa.
Matthew DeLosa summarized the application from the previous meeting. He stated that
conditional approval could be made to satisfy the parking requirements. He stated that
the building is a mixed-use building. He summarized the proposed building functions.
The Chair questioned the use of the showroom.
Dan Beaton stated that the showroom would be used as a home professional use as well.
Gary Malunis asked about the copula.
Dan Beaton responded that is an ornamental feature only.
The Chair referred to Sean McCarthy.
Sean McCarthy stated that DOT approval is required.
Matthew DeLosa stated that the applicant has met with the DOT informally. He stated
that the DOT has requested more details.
Sean McCarthy stated that a breakdown of residential and commercial parking is
required.
The Chair stated that the Board needs data to support where the home profession use has
succeeded. He stated that another applicant had proposed the same use but could not find
successful examples to support the home profession use.
Sean McCarthy stated that the property is currently zoned as C-1. He stated that the
home profession is only approved to be used in an R-1 or R-2 zoning districts. He stated
that since residential and commercial are being used together, it does not qualify as a
mixed-use property.
The Chair asked if the storm drainage problem has been corrected.
Sean McCarthy responded that the storm drainage problem would need to be addressed.
Chris Layman stated that a meeting will be set-up with the Village Engineer to discuss.
The Chair stated that the applicant should apply to the Waterfront Advisory Committee.
This was adjourned to the next meeting. No action was taken.

5) Larry Doyle Robert Barstow is the project architect. He is representing this application along with the
owner, Larry Doyle.
4
APPROVED - Planning Board Meeting, January 20, 2005

�The Chair asked if the Village Trustees have acted on this application regarding the
zoning change.
Sean McCarthy responded that the Village Trustees have changed the zoning.
Robert Barstow discussed the parking layout and retaining wall.
There was an illegal discussion on the illegal retaining wall.
Larry Doyle explained how the retaining wall was illegally constructed.
Robert Barstow described the storm water management plan. He stated that the loading
zone issue needs to be addressed with the Board.
Sean McCarthy asked if a UPS or FedEx truck could turn-around on the lot and not back
out onto Bedford Road.
Robert Barstow responded no.
George Tanner asked about the frequency of UPS/FedEx deliveries.
Larry Doyle responded about once a week.
There was an open discussion on how to enforce the use of loading zones with
UPS/FedEx.
The Chair stated that two issues need to be resolved:
1) Meeting the code requirements for the loading zone.
2) Work with Village Attorney on the outstanding citations.
This was adjourned to the next meeting. No action was taken.

6) Kendal-on-Hudson Andy Tung is representing this application along with Pat Doyle.
Andy Tung introduced Pat Doyle as the Executive Director of the Kendal-on-Hudson
facility.
Andy Tung spoke about a gas service tie-in from Birch Close. He discussed the proposed
route. He also discussed the disturbance of the wetlands buffer.
Gary Malunis asked if this would be a temporary connection until the issues with Con
Edison are resolved.
Andy Tung responded that the gas service would most likely remain as a back up to the
APPROVED - Planning Board Meeting, January 20, 2005

5

�low-pressure line.
The Chair asked if the Board has any other questions.
There were none.
The Chair read the Resolution aloud.
The Chair asked if the site plan need to be resubmitted to the County.
Nicholas Ward-Willis responded that he would investigate.
George Tanner made a motion to adopt the Resolution. Gary Malunis seconded. It was
unanimous (5-0).
The Chair stated that the Village will ask the DOT to intervene in order to control
vehicular speeds in the area.

7) Mountco Ken Gentile is representing this application along with Neil Conuck.
Ken Gentile spoke about the need for affordable senior housing in the Village and in
Westchester County.
Neil Conuck spoke about the proposed application. He discussed the proposed parking
layout. He discussed the number of dwelling units. He stated that there would be 64
one-bedroom units and 1-two-bedrorom unit for the building superintendent. He stated
that a special permit is required.
Neil Conuck spoke about how the project would be funded.
The Chair asked if the applicant has appeared before the Waterfront Advisory
Committee.
Neil Conuck responded no.
The Chair stated that the Village Trustees are the Lead Agency. He stated that the Board
would need Waterfront Advisory Committee comments prior to granting the special
permit.
No action was taken.

APPROVED - Planning Board Meeting, January 20, 2005

6

�8) Anthony Marmo Anthony Marmo is representing his application.
Anthony Marmo spoke about the need for a larger garage and storage area for his
business. He stated that no variances are required. He spoke about the curb cut
relocation. He also spoke about the proposed landscaping improvements.
Sean McCarthy discussed the additional information needed for meeting the Village
parking requirements.
The Chair explained the review process.
Ed Napoleon made a motion to declare the Planning Board the Lead Agency. George
Tanner seconded. It was unanimous (5-0).
The Board also referred the applicant to the Waterfront Advisory Committee.

9) Nextel This is a continuation from previous meetings.
Nicholas Ward Willis recused himself from this application.
Cara Bonomolo is an attorney representing the applicant. She stated that the applicant is
seeking a special permit. She stated that a meeting took place with Father Gorman of St.
Theresa’s church with the help of Mike Musso. She stated that an agreement will be
developed with the church.
Gary Malunis asked if the merger of Nextel and Sprint would force this technology to
become obsolete within a few years.
The Chair stated that the applicant must post a bond in case the technology becomes
obsolete and the Village must remove the outdated equipment.
The Chair asked if the Board had other comments.
Sean McCarthy stated that the applicant should contact the NY Archdiocese for approval.
It was discussed that the applicant will be amended to make St. Theresa’s church the
installation site instead of 95 Beekman Avenue.
George Tanner made a motion to declare the Planning Board the Lead Agency. Ed
APPROVED - Planning Board Meeting, January 20, 2005

7

�Napoleon seconded. It was unanimous (5-0).

10) Code Compliance a) Karl Dibble - George Tanner stated that cars are parked all over the property. He
stated that as per the site plan approval, all cars on the property had to be
registered to the owner or used for his business. He stated that there are too many
cars on the site.
Nicholas Ward-Willis responded that he would investigate.
b) Verizon boxes - There was an open discussion on the Verizon boxes being
installed in the Village. It was agreed that the Village Land Use Counsel would
investigate this issue for the next meeting.

11) Valley Street Land Use study Owen Wells stated that he had reviewed the existing zoning for the Valley Street area.
He showed several maps to reflect the zoning, the types of businesses, and the mixed-use
areas of the inner Village. He noted a large number of mixed-use properties in the area.
He stated that the C-2 zone does not allow mixed-use properties. He stated that the
Village Code should be amended to address issues related to parking, food service
establishments, etc in order to correct this problem.
The Chair asked the Village Planner to recommendations to correct these issues.
Owen Wells responded that the zoning could be changed. He also stated that the Village
design guidelines could also be changed specific to work in this area of the Village.
The Chair stated that once formal recommendations are received from the Village
Planner, the Board would review and propose changes to the Village Code.

12) Zoning map amendments Owen Wells stated that zone R-1(a) has been created for the 4-acre zoning in the Village.
George Tanner made a motion to adopt the Resolution and recommend the proposed
zoning map amendments be sent to the Village Trustees for their action. Ed Napoleon
seconded. It was unanimous (5-0).
APPROVED - Planning Board Meeting, January 20, 2005

8

�13) Minutes The minutes for December 2004 were reviewed. George Tanner made a motion to
approve the minutes as submitted. Ed Napoleon seconded. It was unanimous (5-0).

14 Other The Chair stated that a letter needs to be sent to New York City DEP. He stated that the
letter would discuss issues related to the construction at Shaft 9 and the school district
and school buses.
The Chair also spoke about performing a study of floodwaters in the Village particularly
at the GM site.

George Tanner made a motion to adjourn. Ed Napoleon seconded. It was unanimous
(5-0).
Adjourned at 10:04 pm to the next meeting.

APPROVED - Planning Board Meeting, January 20, 2005

9

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