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                  <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING - APPROVED
July 15, 2004
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
Ed McCarthy
Nicholas Cicchetti
Ed Napoleon

Absent:

George Tanner
Dorota Szwem-Kopczynski

Also Present:

Owen Wells (Saccardi &amp; Schiff/Village Planner)
Antonio Capiocotto (Dolph Rotfeld Engineers/Village Engineer)
Sean McCarthy (Village Architect, Village of Sleepy Hollow)
Nicholas Ward-Willis (Keane &amp; Beane/Village Attorney)
Anthony DelVecchio (Recording Secretary)
Ed Lammers (Murphy, Stecich &amp; Powell)
Dave Smith (Saccardi &amp; Schiff/Village Planner)

David Perlmutter made a motion to adopt the proposed agenda. Ed McCarthy seconded.
It was unanimous (4-0) (Napoleon absent).
Proposed Agenda:
U

U

1)
2)
3)
4)
5)
6)
7)
8)
9)
10)

Phelps Hospital
Ichabod’s Landing
FGEIS
315 North Broadway
Croton Aqueduct
Zegarelli Holdings
Village Code revisions
Robert Barstow
Minutes
Kennedy Construction

Announcements –
U

None.

�1) Phelps Hospital U

Andy Tung is representing Phelps Hospital along with Bruce Allen and Steven
Silverberg, Esq.
Andy Tung spoke about the project to date. He spoke about the recent property located
in Mt. Pleasant that the Hospital acquired from NYSDOT.
Steven Silverberg explained the annexation petition.
The Chair stated that the Board would propose to the Village Trustees that the Lead
Agency for the Hospital project be given to the Planning Board for its site plan approval
and not to the Bard of Trustees, which only has annexation approval authority. He stated
that the aesthetics of the monopole and the water tower should be addressed at the public
hearing.
The Chair read the Resolution to schedule the public hearing.
Nicholas Cicchetti made a motion to schedule the public hearing for Thursday Sept 9,
2004. Ed McCarthy seconded. It was unanimous (5-0).
Andy Tung asked if the Board would recommend that the application be sent to the
Waterfront Advisory Committee.
The Chair agreed.
Andy Tung asked if the applicant could appear before the Tree Commission as well.
The Chair agreed.

2) Ichabod’s Landing U

Antonio Capiocotto spoke about Han Padron’s review of the cathodic protection system.
He stated that an agreement on the design was reached between Han Padron Engineers
and Stanley White Engineers.
The Chair noted that the applicant had satisfactorily met this condition of the Resolution.
Ed McCarthy made a motion to accept the cathodic protection system report. David
Perlmutter seconded. It was unanimous (5-0).
3) FGEIS U

Nicholas Ward-Willis recused himself from this application.
APPROVED - Planning Board Meeting, July 15, 2004

2

�The Chair reviewed the EIS and read it aloud for the record, including the findings-offact.
Dave Smith noted that Omnipoint should be added since they performed an extensive
environmental analysis and since Omnipoint was the last applicant to seek approval to
occupy space on the monopole.
The Chair agreed.
Ed Lammers reviewed the proposed revisions:
1) Allow the Planning Board to be the lead agency on all special permit applications.
2) Expiration on permits (5 years) with respect to wireless applications.
3) Remove ARB’s review on special permit applications.
4) Any modification of special permit requires Planning Board review.
5) Expand public notice (for special permit) to 400-feet.
Dave Smith stated that the reservoir location might not be possible due to existing
easements.
The Chair asked if the Board had any comments.
There was none.
The Chair asked if there were any public comments.
There was none.
The Chair stated that the revisions would be incorporated into the findings.
No action was taken.

4) 315 North BroadwayU

Sean McCarthy stated that a test pit was performed. He stated that the construction of the
wall was found to be adequate. He stated that the concrete blocks were removed and that
the installed fencing was lowered. He stated that there are a few miscellaneous items
remaining.
The Chair asked if the Board had any comments.
There was none.
The Chair asked if the applicant had any public comments.
Karl Dibble responded that he is waiting for the utilities to be installed on the site.
APPROVED - Planning Board Meeting, July 15, 2004

3

�No action was taken.
5) Croton Aqueduct U

The Chair noted the completeness of the documents submitted to the Village.
John Leonforte is representing NYC Department of Environmental Protection
(NYCDEP) along with Kyle Hott (Malcolm Pernie).
John Leonforte stated that all of the proposed work would be performed within the
aqueduct. He stated that there would be no work performed above ground. He stated that
the Croton aqueduct is over 100 years old and maintenance is required. The work
involving the Village would take place at Shaft 9 of the Croton Aqueduct system.
Kyle Hott spoke about the phasing of the proposed work.
The Chair asked if the chain link fence would be temporary.
Kyle Hott responded that the fence would be for construction only. He described the
proposed fence construction.
Kyle Hott addressed some concerns from Saccardi &amp; Schiff. The concerns included
parking, sediment control measures, and sediment removal. He stated that there is ample
parking on-site. He stated that the sediment control measures were under development.
Lastly, he stated that it was expected that 100 tons of material are expected to be removed
from the site.
Kyle Hott addressed some concerns from Dolph Rotfeld Engineers. The issues addressed
included daily work duration and parking.
The Chair asked if the Board had any comments.
There was none.
Sean McCarthy asked the applicant to explain the roof removal process.
Kyle Hott reviewed the process. He stated that no work would be performed on the
exterior.
The Chair spoke about the Westchester County sediment and erosion control guidelines.
He noted concern of proximity to Sleepy Hollow High School. He advised the applicant
to consult with the Board of Education for staging and coordination. He spoke about
keeping the documents restricted from public for the security of the aqueduct.
Nicholas Ward-Willis stated that the documents could be made exempt under the
Freedom of Information Law (FOIL).
APPROVED - Planning Board Meeting, July 15, 2004

4

�The Chair spoke about scenarios if the blow-down valve were to be used and its potential
impacts to the historic sites in the Village.
Tim Lawler (Operation Chief for NYCDEP) spoke about the existing valve. He stated
that the valve is inoperable. He stated that he would present a Standard Operating
Procedure (SOP) if the valve were ever to be used. He stated that Shaft 9 would never be
used as a blowoff of the Croton Aqueduct.
The Chair stated that DEP is the Lead Agency for this application. He stated that there
are no adverse environmental impacts to the Village resulting from this project.
David Perlmutter made a motion that NYCDEP issue a negative declaration under
SEQRA with the condition that the applicant coordinate with the Sleepy Hollow High
School for traffic safety. Nicholas Cicchetti seconded. It was unanimous (5-0).
Ed Napoleon made a motion to approve the site plan application with the correction that
the applicant inserts reference to the relevant provisions of the Village of Sleepy Hollow
Code into the documents. David Permutter seconded. It was unanimous (5-0).
Ed Napoleon made a motion to place all submitted documents related to this application
into a sealed file under access of Planning Board for review only. These documents
would be FOIL exempt for the security of the Croton aqueduct. Ed McCarthy seconded.
It was unanimous (5-0).

6) Zegarelli Holdings U

John Hughes summarized the application.
The Chair read a draft Resolution aloud for the record scheduling the public hearing for
the Board’s September 9, 2004 meeting. It was adopted (5-0).
The Chair questioned if a negative declaration was performed under SEQRA.

7) Village Code revisions U

It was agreed that the FAR issue would be postponed to the next meeting.
Nicholas Cicchetti made a motion to close the public hearing. Ed Napoleon seconded. It
was unanimous (5-0).
APPROVED - Planning Board Meeting, July 15, 2004

5

�Dave Smith spoke about the senior affordable housing floating district zone.
The Chair stated that this would be reviewed at the next meeting.
8) Robert Barstow U

This was postponed to the September meeting at the request of the applicant.

9) Minutes for May 2004 U

The minutes for May 2004 will be reviewed at the next meeting.

10) Kennedy Construction U

The Chair stated that the applicant had not completed the wetlands delineations. He
stated that if the applicant does not complete the delineation process, then the Board will
strike the application from the agenda and the applicant will have to start over.
Nicholas Ward-Willis summarized the application to date.
There was an open discussion on the ARB’s approval.
It was agreed that the applicant would be notified to appear at the next meeting or the
application would be stricken from the agenda.
No action was taken.

David Perlmutter made a motion to adjourn. Ed Napoleon seconded. It was unanimous
(5-0).
Adjourned at 9:43 p.m.

Respectfully Submitted,

Anthony Del Vecchio

APPROVED - Planning Board Meeting, July 15, 2004

6

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