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A regular meeting of the Planning Board was held on July 16,
1998 at 8:00 p.m. in the Village Hall, 28 Beekman Avenue,
Sleepy Hollow, New York 10591.
Members Present:

Nicholas Robinson, Chairman
Benito Martinez
Nicholas Cicchetti
David Perlmutter
Betsy Sawyer Gaylin
Ed Napoleon

Absent:

Edward McCarthy

Also Present:

James Margotta, Building Inspector
Janet Gandolfo, Village Attorney
Mark DeGennaro
David B. Schiff

Chairman declares the Public Hearing open.
In the Matter of Hew York SMSA Limited Partnership. 701
North Broadway.
Ms. Schneider addressed the Board as follows:
Hello, Mr. Chairman. Good evening Chairman and members of
the Board. My name is Leslie Schneider. I am a partner in
the law firm of Schneider and Schneider. I am here for two
wireless carriers.
These two wireless carriers are seeking to provide wireless
service in the Village of Sleepy Hollow, and what they are
seeking to do is build a communication facility on 2,500
square feet of the 60 acre hospital property. They have
spent alot of time placing this facility in essentially rows
of trees on the hospital property to keep it away from the
views.
Your engineer and planner requested some additional
information, range calculations, I believe at the last
meeting. I was to comply with their requests.
Some of the interesting things about this facility in
particular is it's an unmanned facility. It doesn't require
any traffic, no lights, any services. It only needs
telephone and electricity to operate. It won't require any
particular services or have any kind of nuisance factor to
the community.

�2
One of the things we did was do a balloon test. I know your
planner had asked for a detailed visual analysis. We take
the balloon to the exact height of the facility. The
facility is proposed to be 110 foot monopole. A monopole is
36 inches at the base and tapers to 18 inches at the top.
The antennas are small, only 43 inches long and only six and
a half inches wide.
I can walk you through the visual analysis.
some photos.

I also have

We did agree with the Zoning Board at their meeting last
night that we would do a balloon test just for them so they
can drive around the area and see that it really has no
impact and the visibility was veryf very limited.
We would be happy to do that for the Planning Board on a day
that is convenient for you before your next meeting as well.
Ms. Schneider handed the Board copies of the analysis.
A discussion ensued.
Ms. Sawyer asked how high the water tank is.
Mr. Johnson replied 29 feet. The water tank is about maybe
35 feet tall. The AT&amp;T tower is 29 feet.
Mr. Schiff inquired about the existing antenna and how
high it is from the ground up.
Mr. Johnson asked if Mr. Schiff was referring to the
existing existing AT&amp;T antenna.
Mr. Schiff responded yes.
Mr. Johnson replied 29 feet, from ground level it's 29 feet.
It's shooting directly into the trees.
Mr. Johnson went on to state that he has spoken with people
from AT&amp;T regarding that site. It's not a site that
provides comprehensive coverage to the Village, meaning it's
not a site which would allow them to cover all of Sleepy
Hollow with one application. It primarily covers that
little block there, Route 9 and 117. It doesn't extend all
the way down 117, nor does it get sufficient coverage on all
of 9. Ours will cover Old Bedford Road, Sleepy Hollow Road,
Gory Brook Road, so it's a solution for the whole Village.
Mr. Perlmutter enquired about using two 50-foot towers

�3
elsewhere, would they get the same coverage.
Ms. Schneider explained that you have to get above the tree
line, so it's line of site technology. Bach site has to see
each other. The trees in that area are quite mature, so
that is one of the things that necessitated height.
Mr. Johnson stated some of the trees there were as high as a
110 feet tall, so there are also trees out there that are 90
feet tall.
Mr. Johnson further stated that one of the beauties of this
application is we're located on somewhat of a slope, so 60,
70 feet away towards the edge of the parking lot where you
could drive up and park, it's 212 feet in ground elevation.
Where we're at it's 200 feet elevation, so a 80-foot tree
out there will be closer to 92 feet when compared to the
height of our antennas.
A discussion ensued.
Ms. Schneider stated that she has with her tonight her
engineers who prepared the plan and frequency, that they
would be happy to answer any questions the Board may
have.
Chairman asked when the balloon test is scheduled to be done
for the Zoning Board.
Ms. Schneider replied they were going to do the Zoning Board
the Saturday before their meeting, and the best time to do
it is early in the morning on the weekday so the wind is the
least to make sure the balloon is exactly in the exact
location.
Ms. Schneider expressed that they would be happy to do it on
a week morning before everyone goes to work and have it up
there 6:00 to 8:00, or they can do it on a Saturday.
Ms. Schneider inquired when the next Planning Board
meeting is scheduled for.
Chairman responded that there is usually no meeting in
August.
Ms. Schneider stated that the Zoning Board is September 16
and asked if they could do the test before then.
Chairman asked if they would do the test on the 16th.

�4
Ms. Schneider responded they are going to do it the Saturday
before, which would be the 13th, that if there is a meeting
before that, they will do it for the meeting.
Chairman stated the the Planning Board meeting would be
after that.
A discussion ensued.
Chairman stated that paragraph 11 of Ms. Schneider's long
form stating there is no impact on aesthetic sources,
they will need to have some type of formal statement that
the National Trust for Greenrock and Historic Hudson Valley
did not find this intrusive on them.
Chairman went on to explain that that property was very
sensitive to all visual impacts and the height is
restricted.
Ms. Schneider stated they also did look at the James House
on the hospital, which is also listed, and they have a
letter for the record which says a balloon test was taken
and was not visible from that location. That is quite a
distance away.
Ms. Schneider handed the Board the abovementioned letter.
Chairman asked if there were any further questions that the
Board members had of a factual nature or any of the Village
staff.
A discussion ensued.
Chairman asked if there were any other questions.
There being no response, the Chairman closed the public
meeting and stated that they would now go on to consider
whether they want to be the lead agency of the New York
State Environmental Quality Review Act, SEQRA.
Chairman stated it is the decision of this Board that we
entertain a motion to declare ourselves lead agency for the
SEQRA review in this application.
Mr. Perlmutter made the motion.
Mr. Napoleon seconds the motion.
Chairman asked if there was any discussion on that.

4

�5
Motion carried unanimously.
Chairman asked if the long form Environmental Impact
Assessment should be discussed briefly to see whether people
want any other information other than that which has been
submitted and the points that the applicant has agreed to
provide so far.
Chairman expressed that there seems to be an indication
regarding preservation interests, properties effected by the
view, and secondly the hospital, the Health Impact
Assessment.
Chairman again asked if there is anything else anyone feels
is needed to go through this long form briefly.
Chairman stated he thinks they ought to look at it.
Chairman indicated that the sponsor indicates total coverage
area is a 1,500 square feet, all of the engineering so
indicates no erosion problems. It indicates it is in a
critical area, which is the costal zone, I assume.
A discussion ensued.
Chairman indicated that the lead agency responsibilities,
page six, the beginning of the long form, indicates the only
impact on the land is the building of 110 foot pole and
antenna and the ground equipment for it. We have a site
plan for it. It indicates no impact on water, body of water
or ground water, drainage, no air impact. It indicates no
impact on plants or animals, no agricultural impact.
Chairman indicated that he thought the question on 11,
impact on aesthetic sources, seems to be the one that
concerns the Board this evening.
Chairman stated that they have checked no impact. It may be
appropriate for them to consider whether there is a need to
mitigate any aesthetic impact and similarly subject to
further documentation in question 12, the historic view
shed.
Chairman further states this area is not now open to public
recreation. He supposes the building tower has some space
impact, if doesn't impact on critical environmental areas.
A discussion ensued.
Chairman inquired of the Board if they have any questions

�6
about long form EIF they would like to see addressed
further, now that they have read through it, surveyed it
briefly.
Chairman explained to the Board, what we would be doing,
assuming the further documentation is submitted at our next
meeting, we'll be making a finding of no significant impact,
unless we find a significant impact.
If there is an impact, we would have to consider whether a
conditional negative declaration would be adopted, making a
finding that whatever mitigation has been agreed to by the
applicant mitigates any adverse impact.
Upon making that finding, we could then see appropriate
notice to make the resolution on approving the decision at
our following meeting.
Since the balloon test won't be until September, unless you
want one earlier, we can all go to the same balloon test and
see it then, and then act on it on the September meeting.
Mr. Perlmutter asked if they are talking about building
senior housing on Phelps property.
Chairman responded he thought the plan for that is down the
hill.
Mr. Perlmutter suggested they should look at the view from
there and see how it effects it.
Chairman asked if the Board should note they will be doing
the balloon test on September 13 and it will be completed to
this Board, current members would want to inspect the site,
take a look that morning.
Ms. Schneider stated it would be the 12th, that if it rains
or if it's impossible, we can make it the 13th as the
alternative, if that's okay.
Mr. Cicchetti wanted to know what the hours were for the
test.
Ms. Schneider responded 9:00 to 12:00.
Chairman asked regarding the balloon test, in addition to
the visit by the Board, will Ms. Schneider be submitting any
kind of documentation to the record.
Ms. Schneider stated they would document it again, the

�7
additional places that he indicated, to further identify
its visibility.
Chairman asked if there is any further discussion at this
time on the application.
Chairman stated we agree to take it on at our meeting on
September 17.
Ms. Schneider indicated the Zoning Board would meet on the
17th and asked if it was possible to have the Planning Board
meeting before the Zoning Board meeting.
Chairman stated that the Zoning Board is just a use variance,
so if you have the use approved, you have to go through the
environmental•
Ms. Schneider stated that the only thing is they would have
to wait, that since they're going to coordinate the view,
you would have to do that before they take the final, the
final action.
If at all feasible to do it earlier, even if you wanted to
do it the week earlier, we'll have another balloon test for
you. It would help us with time.
There really is a need for services because there is really
no service.
Mr. Cicchetti stated on this map here, you have a listing
here of the owners of record of adjacent property. There
are a number of names of the people who live on Hemlock,
Birch Close, Terrace Close. Down below there, are their
names listed here? Because they are getting special
notification from you.
Ms. Schneider responded yes, we need 33 people for this
Public Hearing.
Mr. Margotta stated they were all sent registered return
receipt.
Ms. Schneider responded we submitted that to the Building
Department as evidence.
Mr. Cicchetti stated the reason I ask the question is
because I know a number of people that want to be present at
this public meeting, but because of the decision made by the
Zoning Board last night I consider there was no forthcoming
till that decision is made.

�8

Mr. Cicchetti asked if they are going to continue this
Public Hearing of the Planning Board.
Chairman responded that was the proposal, yes.
Ms. Sawyer expressed that we should continue.
Ms. Schneider stated two or three people came to the Public
Hearing last night.
Chairman stated that we have had no communication from the
Sleepy Hollow Homeowners Association
Mr. Margotta stated that they were here last night.
Ms. Schneider stated he wanted to just make sure that he
could not see it and he was appreciative that we would do
further testing.
Chairman asked if he is coming to the balloon test.
Ms. Schneider replied yes.
A discussion ensued.
Other business.
Chairman stated we have had minutes of prior meetings
distributed to us. I think we have no other applications on
this evening. Is that correct? So we can take the minutes
and see whether any members have recommendations to the
minutes.
Chairman stated he also had a question regarding the
outstanding fees that were due to the Village by various
applicants in the past. Are they still outstanding
Ms. Gandolfo stated we're in the process of collecting them,
that Antonio's has been paid, all with the exception of the
recreation fee. Miguel Jiminez is all paid up to date
Mr. Perlmutter asked why aren't we collecting direct fees
Ms. Gandolfo asked what Mr. Perlmutter meant by why aren't
we.
Mr. Perlmutter stated Ms. Gandolfo said we're paid except
for the rec fees.

�9
Ms. Gandolfo stated there is also an issue to the rec fees
as to the applicants want to have that. Miguel asked for a
waiver, he went on to the Board of Trustees last week, they
turned him down. Antonio is going to be doing the same,
approaching the Board of Trustees, and when they make the
decision I am assuming they are going to deal with all of
this across the board in the same manner, then he will pay.
They are entitled to the opportunity to go to the Board of
Trustees for a waiver.
A discussion ensued.
Approval of minutes
Chairman asked if everyone had a chance to look at the
minutes of the June meeting and if there are any changes
anyone wishes to make.
Chairman:

Any changes anyone wants to make?

Ms. Sawyer made a motion to accept the minutes.
Mr. Napoleon seconds the motion.
Motion carried.
Other business (continued)
Chairman asked on Ms. Graca's application, if the
Board needed any changes to that.
Mr. Schiff responded no.
A discussion ensued.
Chairman stated the resolution has beend distributed
to the Board and asked if there is any discussion regarding
the resolution or any other points; and if not, all
those in favor of the resolution signify by saying
aye.
Motion carried unanimously.
Chairman asked if there was any other business to come
before the Board.
Chairman stated he assumed the Board would want to continue
their tradition of not meeting in August.

�10
Ms. Sawyer agreed.
Chairman stated we will have our next meeting in September.
Chairman stated there being no other business, we stand
adjourned. Thank you very much.

Respectfully Submitted,

Ly&amp;ia Irizarry
Recording Secretary

�20 July 1998

To:

Planning Board

From:

James Margotta

There will be no Planning Board meeting in
August.

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