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                  <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING - APPROVED
July 17, 2003
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
David Perlmutter
Ed Napoleon
Nicholas Cicchetti
Ed McCarthy

Absent:

Dorota Szwem-Kopczynski

Also Present:

Angie Kahn (Saccardi &amp; Schiff/Village Planner)
Dave Smith (Saccardi &amp; Schiff/Village Planner)
Dan Pennella (Charles A. Manganaro/Village Engineer)
Shailesh Naik (Charles A. Manganaro/Village Engineer)
Ed Lammers (Murphy, Stecich &amp; Powell)
Bob Stiloski (Director, Department of Fire and Life Safety)
Jim Margotta (Building Inspector, Department of Fire and Life Safety)
Joel Sachs (Keane &amp; Beane/ Village Attorney)
Nicholas Ward-Willis (Keane &amp; Beane/Village Attorney)
Anthony DelVecchio (Recording Secretary)
Mike Musso (Lawler, Matusky &amp; Skelly/Village RF Engineer)

Announcements:
None.

Agenda:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)

Explanation of support services for the Planning Board
Karl Dibble
GEIS/Wireless Location Study
Monopole status
Dan Beaton
Kendal-On-Hudson
County House Road
Omnipoint
Antonio Rodrigues
Fremont Property/Pokahoe Drive
Lighthouse Landing

�12)
13)
14)
15)

Site Plan compliance
Tappan Zee Bridge/I-287 corridor
Other
Minutes

Nicholas Cicchetti made a motion to adopt the revised agenda. David Perlmutter
seconded. It was unanimous (6-0).

1) Explanation of support services for the Planning Board The Chair stated that the Planning Board would use Joel Sachs and Nicholas Ward-Willis
of Keane &amp; Beane, LLP as the Special Land Use Counsel. He stated that Ed Lammers of
Murphy, Stecich, and Powell would be used for the GEIS and monopole applications
only. Lastly, he stated that the Village Planner would be in Village Hall on Tuesdays and
Thursdays to answer applicant’s questions.
The Chair stated that there has been no change to date on the Planning Board’s
Engineering services.

2) Karl DibbleThe chair referred to Bob Stiloski on the status of the escrow payment.
Bob Stiloski responded that the escrow payment issue had been resolved and there is no
outstanding escrow payment owed by the applicant.
The Chair stated that work has commenced in accordance with the approved site plan.
Bret Zimmer is the attorney representing Karl Dibble. The applicant is trying to work out
these discrepancies with the Village. He stated that the Building Department has issued a
permit on 06/19/03 and site has begun.
David Perlmutter stated that there are trucks that are continued to be parked on the
property.
Bret Zimmer responded that he is not aware of any restrictions on the Resolution. He
stated that he would investigate and respond.

3) GEIS/Wireless Location Study
Ed Lammers advised the Board that he had not received the new copy of the GEIS from
APPROVED - Planning Board Meeting, July 17, 2003

2

�Mike Musso.
This item was adjourned to the next meeting so that Ed Lammers can review the latest
draft of the GEIS.

4) Monopole statusThis item was adjourned to the next meeting so that Ed Lammers can review.
George Tanner stated that he objects to the fact that no action has been taken as of yet.

5) Dan BeatonThere was an open discussion on the accuracy of the public notice and publication.
Joel Sachs stated that the Board can proceed but the applicant must provide proof of
publication.
George Tanner made a motion to open the public hearing subject to receipt of
publication. Ed Napoleon seconded. It was unanimous (6-0).
The Chair requested the Village Planner provide an overview of the application.
Angie Kahn stated that the applicant’s engineer could not comment on the storm water,
utilities, etc for another week. She stated that the application is considered complete.
The Chair asked the applicant to briefly explain the project. Daniel Beaton explained the
proposed sub-division. He also explained the proposed additional parking for the
adjacent 5-family residence.
The Chair referred to the Village consultants.
Angie Kahn stated that the application is for a sub-division of the property and not a site
plan application. She stated that there are questions on the topography and storm water
management. She also stated that the turning radii for the parking area have not yet been
reviewed.
Dan Pennella stated that the sanitary sewer and water main should be extended.
The Chair referred to a letter from the applicant’s attorney, Jeffrey Shumedja concerning
the Building Inspector’s interpretation of parking and Village Code § 62-14 (b) (2). The
Chair referred to the Building Inspector.
3
APPROVED - Planning Board Meeting, July 17, 2003

�Jim Margotta responded that the applicant needs to obtain a variance to park more than
two (2) cars in the front yard.
Joel Sachs stated that he is concerned with the parking legalities between the two
properties.
George Tanner asked if the applicant was willing to transfer title to the 5-family house
next door.
Dan Beaton responded that the 5-family house would have to transfer title to him.
Since there were no further Village comments, the Chair invited the public to comment
on the application.
Diane Martello (50 Pocantico Street) inquired about the parking regulations.
Jim Margotta responded that one space is required for each dwelling unit for the proposed
2-family residence.
Diane Martello asked how people would access the other nine spaces.
Dan Beaton explained the parking layout via a drawing.
Rita Bateman (291 North Washington Street) asked about the parking requirement for the
existing 3-family residence.
Jim Margotta responded that it is not required.
Angie Kahn asked how the parking in the rear would be accessed.
Dan Beaton responded that there is an existing easement for the paper street.
Joel Sachs asked the applicant to provide a copy of the easement.
Serena Tucci (304 North Washington Street) stated that she is concerned with the parking
impact in the area.
Dan Beaton explained the proposed additional parking layout.
George Tanner made a motion to recess the public hearing for a few minutes so that the
residents could review the plans. Ed Napoleon seconded. It was unanimous (6-0).

6) Kendal-On-HudsonEd Napoleon recused himself from this application.
The Chair spoke about the existing tree canopy on the landscape plan. He spoke about
the signage that was to be added for parking.
APPROVED - Planning Board Meeting, July 17, 2003

4

�George Tanner stated that construction vehicles are entering through the main entrance
and not through Rockwood Hall.
Bob Stiloski responded that the entrance at Rockwood Hall does not exist as of yet.
George Tanner responded that the applicant should have notified the Village.
Andy Tung spoke about milestones. He stated that on May 8, 2003, a pre-construction
meeting took place. He stated that the entire site was reviewed with the Tree
Commission Chairman.
Andy Tung stated that he met with the new manager of Rockefeller State Park Preserve
who requested that a few more trees be removed on the carriage trail. Lastly, he stated
that the applicant has been very careful in complying with the terms of the Resolution.
The Chair asked about the planting buffer for Sleepy Hollow Manor residents.
Andy Tung responded that the buffer plantings have been completed. He stated that the
extensive rainfall caused some delays in planting.
The Chair asked about the signage at the entrance and the new roadway.
Andy Tung spoke about comments with Sleepy Hollow Manor residents concerning the
blasting survey. He stated that the blasting started on July 10, 2003. He also stated that
temporary signage has been installed and a more permanent sign is being fabricated.
George Tanner asked when the road would be complete.
Andy Tung responded that the blasting would take 3-4 weeks to complete. He also stated
that the utilities and paving would take 6-8 weeks.
Nicholas Cicchetti asked how long the pile-driving hammers would be used.
Andy Tung responded that the hammers are used to reduce the amount of blasting that
would otherwise be required. He stated hat he would find out how long the hammers
would be needed.
Nicholas Cicchetti stated that the pile-driving hammers were not discussed in the
Resolution.
The Chair responded that the Village does not have a Blasting Ordinance or Noise
Ordinance.
The Chair stated that the parking and signage should be done first. He stated that the
applicant should try to buffer the site from the park by leaving the existing tree canopy.
Andy Tung spoke about moving the fence and about installing the proposed plantings as
soon as the grading and road are in place.
The Chair stated that the plantings should be complete before the fall planting season.
Andy Tung responded that he would investigate.
APPROVED - Planning Board Meeting, July 17, 2003

5

�The Chair stated that the impacts to the State park should be mitigated and not just to the
residents in Sleepy Hollow Manor.
Joel Sachs stated that the Village should appoint a Master of Works for the Kendal-onHudson project and the County House Road project.
The Chair responded that this effort is underway.

5) Dan Beaton (CONTINUED) Nicholas Cicchetti made a motion to resume the public hearing. George Tanner
seconded. It was unanimous (6-0).
Rita Bateman (291 North Washington Street) asked about the parking requirements for
the existing 3-family residence.
Bob Stiloski responded that the applicant has met the parking requirements.
Rita Bateman responded that the area could not handle the additional density.
Diane Martello (50 Pocantico Street) stated that the police, fire, and ambulance services
would have problems accessing the area. She also stated that tenants would not park 2blocks away and go up 20 steps to access their parking lot when parking on the street is
available.
The Chair stated that the Village Police, Fire, and Ambulance departments should review
the application.
Bob Stiloski responded that the Fire Department would not be able to get a Hook &amp;
Ladder truck back to the house.
Dan Beaton suggested that the Village remove three on-street parking spaces to
accommodate fire department access.
Diane Tucci (304 North Washington Street) stated that she did not know that the existing
house was a 3-family residence.
The Chair stated that the Building Department would comment on the status of the
existing 3-family house at the next meeting. He also stated that the fire department
should review and issue a report on safety/fire apparatus access to the site.
David Perlmutter made a motion to adjourn the application to the next meeting. George
Tanner seconded. It was unanimous (6-0).
APPROVED - Planning Board Meeting, July 17, 2003

6

�7) County House Road The Chair referred to the Village consultants on the status of the work on going on the
County House Road site.
Dan Pennella responded that there are no new curb cuts installed. He stated that the road
was disturbed to make a water connection.
John Nemeth is representing Spectrum Communities. He stated that the water main was
connected on County House Road.
George Tanner asked how many trees were removed.
John Nemeth responded no many. He stated that the Tree Commission was consulted on
the number of trees to be removed.
George Tanner asked about the scenic overlook.
John Nemeth responded that the Mayor asked for some changes with the scenic overlook.
The Chair stated that the Mayor should notify the Board of any changes to the site plans.
Antonio Rodrigues asked about the location of the storm water.
The Chair responded that the retention basin would be installed to store accumulated
storm waters.

8) Omnipoint Noelle Kinsch is representing Omnipoint. She spoke about updated coverage maps and
the Architectural Review Board (ARB) application. She stated that the ARB’s request
for stealth antennas could not be done due to the structural restrictions on the chimney.
The Chair stated that the Waterfront Advisory Committee found that this application was
consistent with the LWRP.
Mike Musso stated that the proposed structural bracings are not needed but should be
shown on the visual simulations.
The Chair asked if the application is complete.
Mike Musso responded yes.
Ed McCarthy asked if Omnipoint would be the last applicant to install an antenna at
Village Hall.
Dave Smith responded yes.
APPROVED - Planning Board Meeting, July 17, 2003

7

�Dan Pennella stated that there should be some compensation given to the Village for
working on both roofs.
Bob Stiloski stated that there were many problems with the roof from other occupants.
The Chair asked if the lease has included this consideration.
Noelle Kinsch responded that the lease has not been signed yet.
The Chair referred this to the Village Administrator.
Since there were no further public comments, Ed Napoleon made a motion to close the
public hearing. David Perlmutter seconded. It was unanimous (6-0).
David Perlmutter made a motion to approve subject to the lease agreement. George
Tanner seconded. It was unanimous (6-0).

9) Antonio Rodrigues Sean McCarthy spoke about the previous approval. He stated that at a recent public
hearing, neighbors spoke out against the closing of New Broadway. He showed an
alternative to the closing of New Broadway via a sketch.
George Tanner asked about the NYSDOT comments.
Sean McCarthy responded that he has met with NYSDOT and they have jurisdiction in
this area.
The Chair referred to Joel Sachs.
Joel Sachs responded that the application would have to be re-noticed if the Resolution
would be altered.
David Perlmutter asked what is wrong with the current Resolution.
Sean McCarthy responded that the Resolution had conditions based on the closure of
New Broadway. He stated that the retaining wall work would not change regardless of
the road closure. He stated that work could start on the retaining wall.
George Tanner asked about the Fire Department access on the revised sketch.
Bob Stiloski responded that the proposal is better for the Fire Department.
It was agreed that a building permit could be issued at this time, but a certificate of
occupancy could not be issued until the NYSDOT issue is resolved.

10) Fremont Property/Pokahoe Drive APPROVED - Planning Board Meeting, July 17, 2003

8

�The Chair referred to the Waterfront Advisory Committee comments. He stated that the
applicant must identify wetlands in the area.
Angie Kahn referred to the last Architectural Review Board meeting. She stated that a
letter from a wetlands expert was received today. The letter indicated that there are no
wetlands in the area.
Dan Pennella stated that Mt. Pleasant has wetlands maps. The maps were distributed to
the Board. The maps show that there are no wetlands within 100 feet of the property.
It was determined that the Board has no jurisdiction concerning wetlands.

11) Lighthouse Landing Dave Smith spoke about the scoping outline. He stated that the final scoping outline
would be complete around August-September.
The Chair asked about Ichabod’s Landing.
Dave Smith responded that the FEIS was submitted but was incomplete. He stated that
the Village Trustees rejected the FEIS. He also stated that plans have been revised to
reflect the Village Trustees comments.

12) Site Plan compliance David Perlmutter asked about the building that Larry Rodrigues built.
Bob Stiloski gave an update.
There was an open discussion on the compliance process.
George Tanner made a motion to have a project status report be submitted to the Board
each month. David Perlmutter seconded. It was unanimous (6-0).

13) Tappan Zee Bridge/I-287 corridor The Chair asked if there was any response to the Village’s requests to be consulted as an
interested agency.
Dave Smith responded no.
The Chair stated that another letter should be sent to the Thruway Authority.
APPROVED - Planning Board Meeting, July 17, 2003

9

�14) OtherThe Chair stated that the Village Attorney should review procedural changes. He also
stated that the Village Planner and Village Attorney should clean up the Village Code.
Joel Sachs recommended that the Village Zoning Ordinance and sub-division regulations
need to be reviewed since they do not meet State law.
Jim Margotta stated that the project architects take some of the responsibility for
inspections and compliance.
Ed Napoleon made a motion to not hold a Planning Board meeting in August. George
Tanner seconded. It was unanimous (6-0).

15) Minutes The minutes for April, May and June will be reviewed at the next meeting.

George Tanner made a motion to adjourn. Ed Napoleon seconded. It was unanimous
(6-0).
Adjourned at 10:27 p.m.

Respectfully Submitted,

Anthony Del Vecchio

APPROVED - Planning Board Meeting, July 17, 2003

10

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