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                  <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING - APPROVED
November 20, 2003
The meeting was called to order at 8:03 pm by Nicholas Robinson, Chairman. The Chair
noted that a quorum was present.
Present:

Nicholas Robinson, Chairman
George Tanner
David Perlmutter
Nicholas Cicchetti

Absent:

Dorota Szwem-Kopczynski
Ed Napoleon
Ed McCarthy

Also Present:

Angie Kahn (Saccardi &amp; Schiff/Village Planner)
Dave Smith (Saccardi &amp; Schiff/Village Planner)
Antonio Capiocotto (Dolph Rotfeld Engineers/Village Engineer)
Bob Stiloski (Director, Department of Fire and Life Safety)
Nicholas Ward-Willis (Keane &amp; Beane/Village Attorney)
Anthony DelVecchio (Recording Secretary)

Announcements:
None.
Agenda:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)

Monopole
GM Site
Sleepy Hollow Designs
Zegarelli Holdings
Fremont Property/Pokahoe Drive
Site Plan compliance
Ichabod’s Landing
Code Revisions
Minutes
Other

1) Monopole Dave Smith stated that Omnipoint is seeking to amend their application to access the

�monopole. He stated that Omnipoint is now seeking a permit to install antennas on top of
the hospital roof. He stated that there is a concern with a not-for-profit building having a
for-profit use.
George Tanner asked how this affects the GEIS.
Dave Smith responded that the application would have to be evaluated on its own merits.
He stated that the applicant might have to start the SEQRA process all over again.
David Perlmutter asked if the hospital is paying taxes for the monopole.
Dave Smith responded that the information is not clear.
David Perlmutter responded that this needs to be investigated by counsel.
There was an open discussion on the possible actions that the Village should take
regarding the lack of response by the monopole owners.
No action was taken at this time.

2) GM SiteThe Chair spoke about the recently enacted Brownfield Legislation.
Angie Kahn spoke about the environmental clean up at the GM site.
The Board took no action.

3) Sleepy Hollow Designs This is a continuation from previous meetings.
There was an open discussion on the status of the Certificate of Occupancy for the
applicant’s other properties.
Robert Barstow acknowledged receipt of letters from the Village Engineer and Village
Planner. He stated that the letters were just received.
George Tanner asked the applicant to review the legal use of the property.
Robert Barstow responded that the property is owned under a corporation and the parking
lot is under a lease agreement.
Village Consulting Engineer Antonio Capiocotto openly reviewed his letter. He stated
APPROVED - Planning Board Meeting, November 20, 2003

2

�that there are concerns with the parking layout. He stated that a 25-foot aisle is required.
He stated that the applicant is proposing an 18-foot aisle.
The Chair asked the applicant to review the zoning requirements of the site.
Robert Barstow responded that a variance is needed for the lot size.
The Chair asked the applicant how the proposed plan would meet the Village Engineer’s
comments on traffic.
Robert Barstow responded that more compact car spaces could be added.
David Perlmutter stated that the applicant should secure adequate parking or reduce the
number of units.
The Chair asked if there were any other comments.
There was none.
This application was adjourned.
No action was taken.

4) Zegarelli Holdings John Hughes is representing this application. He issued a document that described the
existing lots. He stated that a 5-lot sub-division currently exists. He stated that the
proposal would reduce the number of lots from five (5) to four (4).
Angie Kahn stated that she had no specific comments.
The Chair referred the applicant to the Waterfront Advisory Committee.
David Perlmutter made a motion to declare the Planning Board as the lead agency.
George Tanner seconded. It was unanimous (4-0).

5) Fremont Property –
Richard Blancato is representing this application along with Mr. Kennedy.
The Chair referred to the Village Planner.
Angie Kahn clarified that the wetlands must be 100-feet from the structure not the property
boundary. She also stated that the proposed structure without the deck is 111-feet from the
identified wetlands. She also stated that with the deck, the distance is 100’-1”.
APPROVED - Planning Board Meeting, November 20, 2003

3

�There was an open discussion on the definition of disturbing the buffer zone as per the
Wetlands Watercourse Buffer section of Village Code §61-5.
George Tanner asked how the applicant intends to build without disturbing the rear yard.
Richard Blancato responded that he was unsure.
The Chair allowed public comments.
Leonard Andrews (11 Pokahoe Drive) stated that he is concerned with the wetlands. He
stated that the applicant has not addressed the potential storm water impacts to the
wetlands. He urged the Board to review the topography of the site.
Art McKinley (18 Kingsland Ave) spoke about the history of the site. He stated that the
Waterfront Advisory Committee unanimously found this application inconsistent with the
LWRP.
Susan Fischer (3 Birch Close) spoke about the size of the houses.
Richard Blancato spoke about the extensive Architectural Review Process.
The Chair referred to the Village Code on wetlands (§ 61-8).
The Chair referred to counsel.
Nicholas Ward-Willis referred to Village Code §61-6 and §61-8.
Mr. Kennedy stated that the foundation is 14-feet from the buffer zone.
George Tanner made a motion to declare that the Planning Board has jurisdiction for lot 3
with regards to wetlands. Nicholas Cicchetti seconded. It was unanimous (4-0).
The Board unanimously agreed that the Board had no jurisdiction on the other site with
regards to wetlands.

6) Site Plan compliance a) Karl Dibble –
It was discussed that this application still had outstanding items from the previous
approval.
The Chair asked if a lawsuit was pending.
APPROVED - Planning Board Meeting, November 20, 2003

4

�Nick Ward-Willis responded yes.
The Chair recommended that the Village proceed with the lawsuit.

b) 183-185 Valley Street (Larry Rodriguez) Angie Kahn stated that cars are not allowed to park on-site.
The Chair asked if the property has a Certificate of Occupancy.
Bob Stiloski responded yes. He mentioned other non-compliance issues related to
the site.
The Chair stated that the Village should investigate revoking the Certificate of
Occupancy for the property.

c) Walter Ceconi Bob Stiloski stated that the applicant would wait until spring 2004 to proceed with
this application.

d) Robert Barstow Bob Stiloski stated that he would have input for the next meeting.

e) County House Road –
The Chair asked if the drainage pond is functioning.
Bob Stiloski responded that he would investigate.

7) Ichabod’s Landing The Chair stated that the application is in the final process and will be coming before the
Board for site plan approval.
The Chair asked that all of the environmental documents be provided to the Board for
review.

8) Village Code Revisions APPROVED - Planning Board Meeting, November 20, 2003

5

�The Board reviewed the package that was distributed earlier by Dave Smith.
The Board discussed several areas where suggested changes to the Village Code should
be made.
It was agreed that the revisions would be noted and the document would be redistributed
for review at the next meeting.

9) Minutes The minutes for April, May, June, September, and October were reviewed.
George Tanner made a motion to approve the minutes as amended. David Perlmutter
seconded. It was unanimous (4-0).

10) Other George Tanner made a motion to enter executive session. David Perlmutter seconded. It
was unanimous (4-0).
The Board entered executive session at 9:55pm.
The Board resumed the meeting at 10:00pm. The Board discussed matters of litigation.
George Tanner made a motion to ask counsel to commence an Article 78 against Crown
for failure to comply with Village Law. David Perlmutter seconded. It was unanimous
(4-0).

George Tanner made a motion to adjourn. David Perlmutter seconded. It was unanimous
(4-0).
Adjourned at 10:02 p.m.

Respectfully Submitted,

Anthony Del Vecchio
APPROVED - Planning Board Meeting, November 20, 2003

6

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