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                  <text>A regular meeting of the Planning Board of the Village of Sleepy Hollow was held on
Thursday, November 20, 1997 at 8 PM in Village Hall, 28 Beekman Avenue, Sleepy
Hollow, New York.
Present:

Donald Stever, Chairman
David Perlmutter
Joanne Becker
Betsy Sawyer-Gaylin
Nicholas Cicchetti
Donald Caetano

Absent:
Also Present:

Edward McCarthy
Janet Gandolfo, Village Attorney
James Margotta, Building Inspector

Chairman Stever called the meeting to order.
Before moving to the regular order of business, discussion ensued on preliminary matters.
The Planning Board members discussed the violations at the gas station and grocery store
located near Dell Street. The Building Inspector stated that he has sent the Village
Prosecutor, Emanuel Lobato, a request to prepare an Information to get the owner into
court.
Discussion also ensued regarding the owner of the property located at the corner of
Clinton Street and Beekman Avenue who would like to build an eight unit apartment
house on that lot. Chairman Stever made a motion that the applicant come before the
Planning Board on December 18, 1997 for a preliminary review, motion was seconded by
Mr. Perlmutter and carried unanimously. The applicant would then go before the Zoning
Board in January, 1998.
Antonio Rodrigues - 358 N. Broadway-Philipse Plaza
John Hughes, attorney representing Mr. Rodrigues, addressed the Board commenting that
they are here this evening to have the expired resolution that was adopted on February 15,
1996 granting the site plan approval for Philipse Plaza reinstated.
He gave a brief explanation of the project since it started back in 1994.
One of the members of the board asked why the applicant allowed the approval to expire.
Chairman Stever commented that a coastal consistency form needs to be filled out. John
Hughes commented that he will do that.
John Hughes also commented that he wanted to adjourn the public hearing set for tonight
on the other site plan approval for the building formerly known as Antonio's Cabinetry.

1

�Much discussion ensued on an additional ten foot setback for the Cabinetry building.
Mr. Perlmutter commented that the Board should not reinstate the site plan approval for
Philipse Plaza until Mr. Rodrigues moves the other building back an additional ten feet as
requested. He stated that the two developments should be looked at as a whole in order
to obtain the best possible site plan approval for the developer and the Village.
Mr. Caetano commented that one variance has nothing to do with the other and the
original site plan approval for Philipse Plaza should be reinstated.
More discussion ensued on the appearance of the structure of the proposed Cabinetry
building.
Mr. Stever asked the Applicant whether he owned the former cabinet shop at the time
Philipse Plaza was approved. He replied that he owned that lot but not the adjacent lot to
the north, which he acquired subsequently. Mr. Stever noted that with the expiration of
approval for Philipse Plaza, the Board arguably has a legal obligation to require the
submission of a site plan addressing both Philipse Plaza and the new project.
John Hughes stated that reinstating the site plan approval for Philipse Plaza is one project
and the property known as Antonio Cabinetry is another. He commented that in all his
experience, he has never found that any of the Boards ever denied the reinstatement of a
approved resolution that had expired. His client is anxious to move forward with Philipse
Plaza. Mr. Stever pointed out the absence of authority in the zoning ordinance for
extending an expired approval.
Mr. Perlmutter noted that the steelframethat remains in place was erected unlawfully and
is an eyesore. He suggested that delay of an extension of the expired approval would
provide the Applicant with additional incentive to modify the site plan for the new
building.
Mr. Cicchetti felt that one project has nothing to do with the other and commented that
the Board should vote on the reinstatement of the original resolution. He moved that the
February 15, 1996 resolution for site plan approval on Philipse Plaza be reinstated, motion
was seconded by Mr. Caetano.
A discussion was held concerning the fact that the Zoning Board had acted to provide
additional parking variances to accommodate a reconfigured building for the new project.

2

�Mr. Caetano, Ms. Becker and Mr. Cicchetti voted yes, Mr. Perimutter and Ms. Gaylin
voted no. Chairman stated vote was 3-2. Mr. Perimutter asked why the Chairman didn't
vote. Discussion ensued on whether or not the Chairman could vote. Village Attorney
stated that Roberts' Rules of Order dictate that the Chairman may vote if he wants to, but
must vote if there is a tie. The Chairman then voted "no" which resulted in a tie, therefore
the motion did not pass.
Don Stever commented that Mr. Rodrigues should come back to the next Planning Board
meeting with revised plans for the Antonio Cabinetry site plan, at which time the extension
of the expired approval will be made.
More discussion ensued among the board members regarding the applicants two proposed
projects.
There being no further business, Mr. Perimutter moved, seconded y Ms. Becker and
carried.
Respectfully submitted,

Angela Everett
Recording Clerk

�Copy

Village oi IMeepg Haltem
Planning Board
Donald W. Stever, Chairman

November 21, 1997
John J. Hughes, Jr., Esq.
49 Beekman Avenue
Sleepy Hollow, NY 10591
Re:

Antonio Rodriguez

Dear John:
The purpose of this letter is to set forth the import of the Board's action at its
November 20th meeting with respect to Mr. Rodriguez's request for an extension of the
expired site plan approval for the "Philipse Plaza" segment of his proposed development
on North Broadway. You may wish to communicate the substance of this letter to your
client, so as to eliminate any misunderstanding on his part as to the status of the request
for an extension of the expired approval.
The Board did not deny the request for extension of the prior approval. What
transpired at the meeting was that a motion to approve the request failed for lack of a
majority vote in its favor. There was no follow-up motion made to deny the extension and
therefore no further action on the matter was taken. The status of the matter thus is that
your request for an extension of the expired approval of Philipse Plaza remains on the
Planning Board's docket. My intention is to take the extension matter up at the same
time the Board considers the merits of your client's pending application for site plan
approval for the northern portion of the property, which 1 assume is likely to be next
month
1 am hopeful that an amended site plan will be submitted to the Board at that time
that will be sufficient to enable the Board to approve the project and extend the expired
approval for the contiguous area.

Very truly yours,

Donald W Stever
Cc:

Planning Board
Village Attorney
Village Clerk (for tile)

�Donald W. Stever
157 Millard Avenue
Sleepy Hollow, New York 10591
October 13, 1997
VIA FACSIMILE
John J. Hughes, Attorney at Law
Sleepy Hollow National Bank
29 Beekman Avenue
Sleepy Hollow, NY 10591
Re: Antonio Cabinetry: Site Plan Submission
Dear John:
On Saturday, October 11,1 received in my mailbox a revised set of site planning
documents, apparently hand delivered. I have reviewed those documents since the matter is
scheduled for consideration at this week's Planning Board meeting, though we should have had
them on Friday. There remain several gaps in the submission, which I will point out to you in
this letter. First of all, let me say that this project bears all of the earmarks of the apparent
absence of a qualified site planning consultant as part of the project team. It has been my
experience, in many years of involvement with site plans, that architects normally do not attempt
to engage in site planning for commercial developments. You may wish to urge your client to
engage the services of a land use planner, if it is not too late for him to do so.
I have noted the following, which the Board requested be available before a public
hearing on this project are absent from the submission: (1) a traffic study including analysis of
ingress and egress points; (2) a detailed site lighting plan and (3) a drainage plan. The plan still
does not provide scaled curb cut drawings and other features normally contained as part of a New
York site plan submission. The Board is not in a position to act on the application without these
items, and it is not sufficient that they be delivered to the Board on the night of the meeting.
Based on these gaps alone, I would have to recommend that consideration of the project be
deferred for another month. I have also noticed that the Coastal Consistency Form contains one
error. The box relating to the project being undertaken within a LWRP district is erroneously
checked off "No". Because the entire Village of Sleepy Hollow is within the LWRP planning
district, and since several of the local policies are directly applicable to the Route 9 corridor, you
should submit a revised form, along with a discussion of how the proposed project fits within the
relevant LWRP policies, including the policies relating to . This should not require an extensive
amount of work, but it must be done.
Because the Planning Board must concern itself with such matters as traffic circulation
and the general public safety and welfare, we must be apprised of such things as the points of
ingress and egress from the retail space by tradesmen as well as by the general public. The site
plan your client's architect has submitted does not indicate whether this will be a single tenant or

�., . . «

a multiple tenant retail building. The exterior sketches imply a multi-tenant retail use, but the
building footprint gives no indication of how many separate retail units there will be, where the
customer entrance points will be and how inventory for those units will be delivered and how
waste, such as packaging, will be removed from the building. The proposed building does not
seem to provide for rear entry access to tenant space for employees and trades people. No
accommodation is made for rear access, and none seems possible. As this plan is laid out, one
has to infer that deliveries will be brought in and trash will be removed via the front door. This is
not acceptable for a building so close to Route 9. We will need to see how this critical issue will
be handled.
Traffic circulation issues disappear, as largely does the problem presented by the absence
of rear ingress and egress, if the front of the building is set back an additional ten or so feet from
the currently proposed setback location and a service lane is constructed in front of the building
connecting the south parking lot with the remainder of the development. The service road, which
can easily be tastefully screened, would serve as a truck unloading point during off hours, and
would allow traffic during retail business hours to flow one-wayfromthe south parking lot to the
north lots and onto the side-street that parallels Broadway, and is served by a traffic light, thereby
eliminating the necessity of egress to Broadway at a point where there is no traffic light, which
the current plan necessitates.
Since the presently non-conforming steel frame must be cut and new upright steel posts
and footings placed to accommodate the limited variance granted by the Zoning Board of
Appeals, setting the building back another ten feet will not add significantly to the cost of
construction. Close review of the proposed addition at the southeast corner of the building
reveals that the square footage that is lost by the further setback from Route 9 can easily be
gained by simply extending the new wing farther to the south toward the island in the parking lot.
Only two or at most three parking spaces will be lost. The ZBA has already indicated a
willingness to grant additional parking variances, and the loss of a couple of spaces east of the
addition is not significant, particularly in view of the fact that patrons entering from the south
would be able to drive around to the north side of the building if the southern parking lot were
full - which is not possible given the current configuration of the building and lot.
As I have indicated in conversations at Board meetings, I am very interested in seeing
this project built. The points made in this letter are intended to provide sensible guidance toward
that end.
.Very truly yours,

c"
Donald W. Stever
Chairman, Planning Board
Cc: Janet Gandolfo, Village Attorney
Planning Board Members
James Margotta

�Donald W. Stever
157 Millard Avenue
Sleepy Hollow, New York
October 23,1997

John J. Hughes, Jr., Attorney At Law
49 Beekman Avenue
Sleepy Hollow, NY 10591
Re:

Antonio Rodrigues: Site Plan

Dear John:
Thank you for your prompt response to my letter of October 13. Since at
your client's request, the Planning Board adjourned the October hearing, which
had was itself an adjournment of a hearing that was noticed for the September
meeting, I suggest that you re-notice the hearing should you wish the matter to
be placed on the agenda for the November meeting of the Board.
Before addressing the more fundamental issues, I want make certain that
there is no misunderstanding on the point of what an adequate drainage plan
involves. We received a letter from Agostino Paese which discussed the capacity
of the existing sewer mains and storm sewers. I am assuming that this letter is
not intended to be a drainage plan, for it would be inadequate for that purpose.
A site drainage plan includes capacity calculations such as those Mr. Paese
provided, but it must also show (1) the location and size of on-site catch basins
and the pipes conveying on-site drainage to the public storm drainage system;
and (2) the location of roof drains, downspouts and leaders and how roof
drainage will be conveyed from the bottom of the leaders to the storm sewer.
We have seen no such plan for this project.
I have several comments on the points made in your letter, which I will
make for the sake of convenience in numbered paragraphs. Before doing so,
however, I would like to call your attention to the sketch attached to this letter.
As I indicated in my October 13 letter, my desire in these communications is to
be helpful in view of the absence of involvement by a professional site planner
on this project. The attached sketch, which I have made from your client's most
recent draft site plan, demonstrates very clearly how the structure can be set back
an additional ten feet and the lost square footage regained by simply extending

�John J. Hughes, Jr.
October 23,1997

the ''Proposed Addition" to the south. Two, and at the very most, three, compact
parking spaces are lost (depending on how much room is devoted to the
relocated dumpster. There are a number of site planning advantages to this
arrangement, and it also, in my view, enhances the flexibility of the rental space.
•
•

•

•

•

The dumpster is placed in a much better location, completely screened
from public view.
The front of the building is further set back eliminating any residual
intrusiveness, thereby eliminating any basis for further public
opposition based on the setback and bulk. The additional setback
would allow for the development of a future optional vehicular
passage from the south to the north areas of the development
The new configuration provides flexibility for the placement of some
retail entrances on the south side of the main part of the structure and
entrances within the mall area to retail shops located in the expansion
wing.
A rear entrance is possible if a tenant desires a rear entrance for
employee access/stock loading etc. - whereas there is no provision for
a rear entrance in the present plan.
No additional setback variances appear to be required.

Now I will comment on some of the points made in your letter:
1. While the precise nature of tenant access, materials access and the nuances of
internal configuration of the space are, as you state, matters that are
determined at the time of leasing the space, the basic building plan must
conform to a set of reasonable commercial real estate norms. I know of no
upscale retail space that does not have rear access. A quick look around
Sleepy Hollow and Tarrytown confirms this. If "back office" access is going
to be from the north and south sides of the building, then indicate it as such
on the plan. Side access effectively limits the main part of the building to two
tenants, although the architect's renderings imply that there will be as many
as four retail units.
2. I understand your point about truck deliveries. However, even light retail
uses require deliveries in and out, and our observations of other local light
retail operations have been that such deliveries tend to be via the rear
entrance. I am not necessarily advocating a vehicle lane in front of the

�John J. Hughes, Jr.
October 23,1997

building (I am not necessarily advocating anything at all - simply making
suggestions that a site planner would make). A wide esplanade would clearly
be better than a narrow esplanade and a drive-through lane, though the latter
may, at some point, become an operational necessity in view of the site
constraints.
3. I categorically disagree with the claim that removing an additional ten feet of
structural steel will cost your client significant money. It will cost him no
money at all. He has increased the cost of his project by proposing an
addition, which gives him greater square footage than was provided in his
original proposal. That cost increase also will presumably yield additional
rental revenue.
4. Regarding the Zoning Board of Appeals, I have the following comments.
First, the Planning Board did not refer your client to the ZBA "to determine
the appropriate setback for the building/' The ''appropriate" setback is a site
planning issue. The Planning Board simply told your client that his proposed
site plan could not be approved because the setbacks violated the zoning
ordinance. Your client applied for a variance. As I understand the record,
the ZBA did not grant the variance your client requested, but agreed to a
different setback variance that was propounded as an amendment. We have
no formal documentation that any variance was granted at the present time,
but even if we assume that a variance was granted, that variance does not
establish the "appropriate" setback for the structure. The Planning Board will
make that determination as a part of its site plan review.
I am providing these comments as constructive suggestions. Obviously,
your client is free to pursue his own course, and I am not by suggesting
consideration of these modifications indicating how I may vote or how any
other member of the Planning Board may vote on whatever site plan your
client finally presents. However, I would hope that he will give these
suggestions serious consideration, as I believe that if they are adopted the site
plan will be improved by them.
Very truly yours,

Donald W. Stever

�it&gt; - . ' - ' " i."i

/i-..riM,.,--)

�MEETING OF THE PLANNING BOARD
Of the
VILLAGE OF SLEEPY HOLLOW
Held at 8:00 p.m. on
Thursday/, September 18 #,1997
At Village Hall, Village of
Sleepy Hollow/, New York
Re:

358 North Broadway/. Village of Sleepy Hollow.
Presiding:
DONALD W. STEVER/, ESQ./,
Chairman.

Members of Planning Board Present:
Joanne Becker

Betsy Guylin

Don Caetano

Ed Mc Carthy

Nicholas Cichetti

David Perlmutter

Also present:
Janet Gandolfo/, Esq./, Village Counsel
David Schiff/ Village Planner
Jim Margotta/, Building Inspector
Mark Di Gennaro/, Village Engineer
AM COURT REPORTING SERVICE
175 Main Street
White Plains/ New York 10601

�2
Also present:
Antonio Rodrigues/, Applicant.
John H. Hughes,, Esq.
Attorney for Applicant
Lou Contadino
Architect for Applicant
Contadino Architects/, AIA
436 East Putnam Avenue
Cos Cob/ Ct. 06807
1^ N D E X

££2£
John Hughes

6

Lou Contadino

12

David Schiff

19

Mark Di Gennaro

32

Gus Paese

35

Peter Castrone

40

Richard Piano

41

�1

CHAIRMAN

STEVER:

Why don't we come to

2

order.

3

application for site plan approval submitted by

4

Antonio Rodriguez.

5

this application on June 10 along with a site plan

6

checklist and a short environment assessment form.

7

We are aware that the applicant needed

The one matter on the agenda tonight is an

8

certain variances

9

project.

Just as a recap/, we received

in order to proceed with the

We did two things:

10

In the June meeting/, we referred it to

11

the Zoning

Board

12

to

his

13

appointed

14

compliance purposes.

process

15

of Appeals for the applicant,
request

ourselves

for

lead

Subsequently/,

variances/, and
agency

the

for

we

SEQUA

applicant

has

16

apparently gone before the Zoning Board of Appeals

17

and has secured certain variances from the Zoning

18

Board of Appeals relating to front yard setback/,

19

side

20

number of parking spaces for the building of the

21

size that is proposed/

22

dock requirement was removed by the Zoning Board

23

of Appeals.

24
25

setback/,

buffer

or

rear

yard

setback/, a

and I believe a loading

We have received a set of the revised
site plan dated August 15/, 1997; we received it

�last

week/

and

tonight

we

September

18,, 1997 revision.

page

this

of

site

plan

have

received

a

This is the first
(indicating)/,

which

complies with my request of the applicant that we
be provided with a site plan/, which provides both
the previously appproved structure as well as the
proposed structure/ and along with all of the curb
cuts/,

the

parking

and

other

accoutrements

associated with the earlier approved building.
I should

say that the applicant had

allowed the approvals on the prior building which
is situated/, proposed to be situated to the south
of the building that we have in front of us today/,
lapse; but I am told by applicant's counsel that
the applicant intends to build the other building
and

will

be

approvals

for

requesting
that

reinstatement

building

of

the

in due course/, and it

thus is appropriate for us to review the site plan
that contains both of these buildings so that the
prior site development can be reviewed by us/, or I
should say that the proposed site development can
be reviewed by us in its relationship to the rest
of the development on the applicant's property.
Now/,

I

should

say

also

that

this

matter was noticed as a public hearing as a result

�5
of

miscommunications

village attorney.
notice went

out

public hearing

between

the

Chair and the

We didn't understand before the
that this would be marked as a

tonight.

It is our feeling that

this matter is more appropriately set down for a
public hearing next month and that that might have
been

asked/, whether

it

was ripe

for a public

hearing before the notice went out.

I would not

have allowed the notice to go out.
We don't

yet have a complete set of

application papers/, and there are certain things
missing

from the site plan/ and I think that I

would like to put off the public hearing until we
have a complete set of papers on the project; and
thus I would like for you tonight/, if the Board is
willing as a forum/ to discuss with the applicant
the details of the site plan and make suggestions
to the applicant as to where we might like to see
further work done and perhaps some modifications
that the applicant might consider for public
hearing to be scheduled for the October meeting.
I

have

had

preliminary

discussions

applicant about that earlier today.

with

the

So I think it

is not a surprise.
That is my particular view on this.

�6
John

might want to say something on

that.
MR. HUGHES:
problem.

Yes.

I don't

have a

We did go to the time and expense and

the village had also in publishing the notice. So
what I would like to avoid is doing that again.
It would be redundant for them to do that twice.
CHAIRMAN
noticed hearing,,

STEVER:

It was a properly

but what I would propose we do

simply/, since we have a public hearing notice/ we
can open the public hearing and then adjourn it.
MR. HUGHES:

Sure.

CHAIRMAN STEVER:

We can adjourn it to

the October meeting.
MR. HUGHES:

Yes,, and I will just fill

in your comments when you are ready and I will
submit
would

a written
like

letter

pertaining

in whatever

to

the

renewal

form you
of

the

Phillips Plaza application. I think I should do
that writing for you.
CHAIRMAN STEVER:
MR.
matter

of

HUGHES:

course

Yes.

And

today

I

think

for

the

it
sake

is a
of

consistency,, and this assessment form is something
that is new to me.

It is only a two-page form,,

which I will submit to you as well.

�7
In addition/

I

submitted

a

short

environmental assessment form and I will also
submit the long form which I already did for
the Zoning Board also.
CHAIRMAN

STEVER:

It's the same form.

You can submit it at the same time.
MR. HUGHES:

Also,, I think we agreed

that we would be submitting a landscape plan
to you.
CHAIRMAN STEVER:
MR. HUGHES:

Yes.

In addition to which I

can say right now that with respect to the
landscaping

on

the

property/

Board would like to proceed.

however

the

My client is

prepared to provide whatever landscaping that
the village deems necessary.

If you want to

hire a professional to review this/, he'll do
it.
we

I think you very adequately described where
are

procedurally.

architect/,

is

here

Lou
before

Contadino,
you

and

the
can

describe once again the plans and variances we
were granted/, quite frankly which I can do/, just
stating again for the record that we received
relief from the zoning code in terms of that
we are ten feet back from the property line in tho

�8
front* we are ten feet in the rear and we have 59
parking spaces and no loading space where 67 and a
loading space are required by the code; so that
was a discussion

and where it ended up in the

Zoning Board.
So if I could let Lou just reintroduce
you to this project/, both of them/, briefly
MR. CAETANO:

—

Before you do that/, may

we get some information.
CHAIRMAN STEVER:
MR. CAETANO:

Go ahead.

Yes.

You say you are

going to have another public hearing right after
we discuss this tonight/, right?
CHAIRMAN STEVER:
MR. CAETANO:
of the Board —
feel —

Right.

O.K.

I feel as a member

I don't know how the other members

but I feel after the public hearing that

there's going to be more decisions changed in this
project.

Therefore/, I feel that we should have

the public hearing
understanding

because the public/

from my

outside and not here/( from talk/,

hearsay/, is highly against this project/, for some
reason which I will not mention; but if they could
come here on a public hearing and we go into all
of

our

process/,

I

think

it's

just

wasting

�9
Antonio's time and our Board members', time.

I

feel we should have a public hearing as soon as
possible without it being in October/, not to delay
this

thing up until November and then

and then it cannot continue.

It's

December

up

to

the

Board.
CHAIRMAN STEVER:

I will sayf although

I share your concerns/, there is no reason for it.
It is not my intent to create any delay here/, and
I

at

least

am

not

in the business

of making

decisions on site plans based on how many people
speak for or against any particular proposal*
My

view

technical role.

is

that

our

role

is

a

We are asked to exercize our

judgment and apply the law to the plans/, and that
is what we are here to do/( and also to provide our
judgment as to things that we have discretion in.
MR. CAETANO:
CHAIRMAN

don't

disagree

STEVER:

with

agreement with you

O.K.

you/,

SO/,

you

although

know,,

I

am

I

in

—

MR. CAETANO:

Many a time we had a

certain party here not too long ago who wanted to
develop land and the party was refused and there
was a moratorium here at the time; and there are

�10

1

things

2

attorney,, I'm

3

member

4

There

5

this

6

announcing

7

be a liability from this other party/, and I think/,

8

like I said/

9

make a motion on that/ because it's going to cause

10

in

this

of

that

are

—

I'm

not

an

a citizen of the village and I am a

the

Board/, and

are

things

here

thing

from

going

in fact/

I do

that

understand

are

going

to

forward*

with

the

here different

plans.
inhibit
public

things/, which there may

if you wish/, I would like to

a problem here.

11

I see we have a stenographer

12

would

13

stenographer.

like

14
15

plan

to

know

CHAIRMAN
client is paying

16

MR.

18

offense is taken.
MR.

20

glad

to

see

21

seriously

22

not out

23

as

24

this

25

any other

to get

is

project/,

be,
and

and

for one

good.

place

this because

reason:

I'm

also/,

No

very
but

I

I mean I am

quite a bit/ not as much

I hear a lot of talk

I don't

information

and

Very

taking

just mentioned

to

the

some accurate m i n u t e s .

in the community

I used

paying

I think Mr. Hughes's

Yes/

CAETANO:

that

is

I

stenographer.

HUGHES:

because we want

who

STEVER:

the

17

19

also

here.

until

wish

to bring

about

forward

it comes time for the

�11
public hearing/ where maybe I could relate to them
and you could relate to them or any member on ths
Board could relate to them.

But I feel that we

should have this public hearing before we go any
further on these plans so that we know/, and we are
sitting here/ so we know what their needs are for
this project and what their responses are on a lot
of things that are on this table.
CHAIRMAN STEVER:
applicant's

interest

for

I think it is in the
us

to

work

with the

applicant.
MR. CAETANO:

Do you feel or do you

have anything against doing that?

I mean your

client.
CHAIRMAN STEVER:

I think he is saying

we should not do anything until we hold a public
hearing.

But my view on that is it makes no

sense whatsoever,, as I had explained.
MR. CAETANO:

What good is a public

hearing?
CHAIRMAN STEVER:

As I explained/, that

notice was sent out/, in my view/( erroneously.

We

have actually opened a public hearing and I will
certainly allow anybody from the audience tonight
to express their views on this after we have had a

�discussion with the applicant.

My purpose is not

to deny anybody the right to speak/, but my point
is that this public hearing*, so to speak/, can only
properly

be

held

when

we

have

a

complete

application before us* and we don't right now.

So

I am adjourning the public hearing until next

—

we will adjourn it/, we will hear from you tonight
if you want to speak tonight when we come to that
part of the session; but you will have a chance to
come back in October as well because we will have
a more complete set of plans and a better sense of
what the project will look like.
For
landscaping

example/

we

plans available

should

have

the

by that time.

Mr.

Contadino/, do you want to proceed?
MR. CONTADINO:
explained
with

the

Yes.

As John Hughes

what the variances were/, what we did
ten-foot

setback

was*,

we

basically

widened the sidewalk so as to create sort of a
bigger

area.

configuration

We
of

the

did

add

building

to

the

that

present
is

there

presently and did introduce a wider plaza which
accents the entry into the building here and you
can see here (indicating); and then we further set
back the building some 48 feet at its extreme east

�13
portion.
The

parking

configurations

are

self-explanatory; everything sort of loops around
the center with sort of a parking aisle in the
middle.

One of the concerns we had was trying to

shield the cars along Broadway.
is

set

back

the

parking

seven

And what we did
feet

from

the

setback line and created a slight berm in front of
the cars so you wouldn't see a bunch of fenders
and tail ends.

And then dotted this little land-

scape berm with decorative lighting which we are
calling soft image lighting,, just to sort of
enhance

the

character

and

the

flavor

of

the

building a little bit beyond.
The previously approved project/, which
is here (indicating)/ is sort of facing diagonally
the historic district there/, across the way/, and
seven cars that were designed for the previously
approved building.garage

are

allocated

to

this

building, which are the seven spaces that you see
here.
MS. BECKER:

I'm sorry#( couia you say

that again, please.
MR. CONTADINO:
submission,, which

In the Phillips Plaza

is this building

here/, there

�14
were seven spaces that were allocated to this
building

(indicating)/

which

we are still

currently using in our parking data* so that
seven

cars here are to be used exclusively

for this one.
Like

John

said/

we

are

currently

working on a landscape plan which we will be
able to get to you possibly the middle of
next week for your review,, and I understand
that we are also in communication with our
site engineer as far as garage or any other
information that you might need/ and I guess
that should be following shortly as well.
MS. GANDOLFO:

On the variance?

MR. CONTADINO:

On the variance,, which

was given for ten feet in the front.
MS. GANDOLFO:
I

look

sidewalk/

at

that

it's

I'm just wondering/ as
configuration

sort

of

round/,

and

the

but

the

building is straight across here (indicating).
MR. CONTADINO:

That portion of the

building there/, the building itself/, is still
straight and it will be ten feet at all points;
actually at several points it may be ten feet threo.
CHAIRMAN STEVER:

But this brings up

�15
another point*, which is that I'm used to seeing
engineering site plans and/, you know/( one of our
jobs here is to make sure that things such as the
setbacks are in fact on the

plans consistent with

the variances granted; we have to be able to know
exactly where the parking lines are and so forth.
So with the next iteration of this I would like to
have as an engineering site plan that was as of
scale/, and that's more of a free-hand site plan/,
and I'm used to seeing the engineering site plans.
And that will take care of the problems like the
one the attorney just brought up.
MR. CICHETTI:

Is this one to scale?

MR. CONTADINO:

Yes/, it is.

MR. CICHETTS: This one here?
MR. CONTADINO:

Yes^

MR. CICHETTI:

Then why can't we use

that?
CHAIRMAN

STEVER:

It's

a

free-hand

drawing.
MR.

CICHETTI:

It's

this

one

here

(indicating)?
MR. SCHIFP:

No.

It's the same thing.

CHAIRMAN STEVER:

Well/, it's written

to a scale/, but it's not to scale/, if you look at

�16
1

the curb cuts here and there (indicating).

2

It's not —

it's a free-hand drawing.

MR. SCHIFF:

3

If I may* as an example,

4

and I have already discussed this with Luke/

5

the park space that has a number 7 in it/ as

6

drawn

7

building; while that certainly can be worked

8

out/, but we can't tell from the plan that it

9

actually works.

it backs

CHAIRMAN STEVER:

10
11

MR. CONTADINO:

16
17
18

CHAIRMAN

21
22
23
24
25

STEVER:

O.K., why don't I

just bring out a couple of things that I have
noticed/ some of which I have discussed with
Mr. Hughes prior to the meeting*, a couple of
things that I just want to pick off to you?
Our zoning ordinance requires that we

19
20

I will entertain any

questions that you have.

14
15

Do you have anything

further?

12
13

up into the corner of the

make

a

parking

determination
facilities

that

the

off-street

are adequately

lighted/,

which means that we need a lighting plan.
MR. CONTADINO:

Yes.

CHAIRMAN STEVER:
list of things.

So put that on your

�17
MR.

CONTADINO:

The

landscape

architect is working on that.
CHAIRMAN STEVER:
going

to

be

architecture/

Right.

part

make

of

sure

If this is

the

that

he

landscape
addresses

that because I don't to have to send it back
another

time

for

a lighting plan.

And I

assume the engineer is going to produce the
drainage sheets so we will see how the drains
work?
MR. CONTADINO:

Yes.

CHAIRMAN STEVER:

• I would appreciate

it if on the landscape the architect could
work

with

Mr.

Schiff

and

we may

want to

discuss tonight's concepts that some of us on
the Board might have

for vegetation; but I

would like Mr. Schiff to have some input into
that before we see your landscape plan/ if
that is possible/, and you can work it out with
Mr. Schiff/( with his availability/, to review
it based on discussions that we have tonight
about the screening.
And now,, John/, I am assuming that I am
going to receive from you your reactivation
letter that you are sending us along with

�18
the

environmental

assessment

form/,

the

so-called form,, if it is available?
MR. HUGHES: Yes.
CHAIRMAN STEVER:

One thing you have,,

and you and I have discussed,, is that you
have some concerns about the traffic impact
and

whether

or

safety hazard
coming

not

there

created

is

a

potential

by strip generations

in and out of Gordon Avenue as the

sole means of ingress and egress to the large
parking area here; and typically the way we
address these things in site plan hearings is
to have a traffic engineer do a traffic study
that

includes

strip

generation

and

termination and sight lines,, and if you will
provide

us

with

the

basis

to

determine

whether or not we have an increase or not an
increase in traffic or whether we present a
safety hazard here —

I just can't tell from

the plan whether we do or do not —

but it's

something that I would normally expect to see
as

part

involves

of

a site plan

commercial

use,

application
particularly

which
one

which does not involve a curb cut out of a
state highway in which these functions are

i

�19
taken

up

by

the

Transportation.
preliminary

State

So

I

discussion

Department
know

about

ve

had

that

and

of
a
it

shouldn't take very long to get that through;
but I would like to see a traffic study done
by the applicant.
MR. CICHETTI:

Is there a curb cut

just to the north of building 7?

You have

two curb lines.
MR. CONTADINO:

Yes.

CHAIRMAN STEVER:

That is the curb cut

that was related to the other building.
MR. CICHETTI:

Yes/ and from what l

see here done is obviously coming along when
they park here or here (indicating)
MR. SCHIFF:

—

They are not connected.

There's no connection,, and except

for this

building that only serves seven spots.
MR. CICHETTI:

No,, but I'm saying the

cut goes into an open parking area/ where you
go either left or right.
MF. SCHIFF:

Yes,, this whole section

of this lot/, that has to go through.
MR. CICHETTI:

I'm not talking about

this.
CHAIRMAN

STEVER:

Yes,, that's

the

�20
principal lot for this building/ and that's
if you are going to park for this building
(indicating).

That's where you're going to

park.
MR. CICHETTI:

You should.

CHAIRMAN STEVER:

Well,, at this point

we have no guarantee that the second building
will be built within a reasonable period of
time

after

the

first

building

is

built,,

yes; but right now we can't park in there.
It's essentially a hill side.

It's overgrown

in there/, so we have to look at the site plan
that we have for this building/ and it's not
to assume that you are going to be able to go
in that curb cut and get over to this side of
the building to park (indicating).
So we have to assume that most of the
people who

use

this building

are going to

come in and out of Court Street.

I am just

asking the applicant to do what people do all
the

time

in

this

situation/,

which

is

to

provide us with a traffic impact study.
MR. CICHETTI:
study

essentially

Yes,, the traffic impact
will

include

not

Gordon Avenue/ which we are talking about

only

�21
right now,, but will include the other one,(
which

presumably will be Philips Manor or

Philips Plaza,, rather.
CHAIRMAN STEVER:
point.

Yes,, that's a good

We have a funny jurisdictional issue

here because we can't revisit the question of
ingress and egress to the previously included
approved site plan and
MR. PERLMUTTER:

—
Why not?

CHAIRMAN STEVER:

Well, because it was

already approved.
MR. PERLMUTTER: It's not just the
approval.

We can revisit it to provide

CHAIRMAN

STEVER:

Has

the

—

approval

expired?
MS. GANDOLFO:
MR.

Yes,, it has.

PERLMUTTER:

That's

the

other

question.
MR. CAETANO:
question.

Hold it.

I still have a

Excuse me.

CHAIRMAN STEVER:

Well, I believe that

it is the curb cut for the Philips Plaza is
correctly on Route 9 and Broadway.
MS.

GANDOLFO:

Right,, and

approved by the state already.

that was

�22

MR.

CAETANO:

Has

the

state

asked

anything for approval on this coming out on
Gordon Avenue?
CHAIRMAN

STEVBR:

No,, because

the

state has no jurisdiction.
MR.

CAETANO:

O.K.

Why

does

the

village have to do a traffic study/ when you
already

have . a

traffic

study

coining

out

there/, with people living there/, deliveries
—

I would say mostly just living on Marsh

Avenue/ right there at the corner?

I would

say you have 350 cars that go in and out of
that street.
CHAIRMAN STEVER:
that

if

the

The problem/, Don/ is

applicant's

traffic

engineer

comes in with the guy who can tell us that/,
he can tell us how many cars come in and out
of that street now/ which way they turn when
they come out/, and tell us based on standard
methodologies how many additional cars will
come in and out as a result of this use; and
if the number of traditional cars that come
out is not significant^ then •—
MR. CAETANO:

You know/, if the village

would put a light there for Lawrence and

�23
Gordon Avenue/. That's the biggest hazard you
have.
CHAIRMAN

STEVER:

The village has no

jurisdiction over lights on Broadway.
MR. CAETANO:

You can ask for them.

You'll never get it.

It's too close

to the place that we have here.
MR. CAETANO:

They've got full stops

in the village every other fifty feet.
CHAIRMAN STEVER:
the

applicant/,

and

I think

indicated preliminarily
MR. HUGHES:

I made a request of
the

applicant

—

We will study the traffic

effect of this project on Gordon Avenue and
the safety aspects of making right and left
turns from Gordon Avenue on to Route 9 and
Broadway.

I think that's what you are looking

for.
CHAIRMAN

STEVER:

Yes#, and the other

one that I am looking for is a traffic impact
study that is done for site plans like this
all the time.
MR. PERLMUTTER:
factor?

Can we posit one more

I have tried to make that turn into

Gordon when there's traffic and I have had

�24
trouble making that turn into Gordon.

I feel

that it would be much better to have that
curb cut out on to Route 9f; and could we have
the traffic engineer posit both factors and
figure out which one is safer?
CHAIRMAN
probably

STEVER:

I think

that is

something that we can suggest the

applicant consider if he wants to look at it;
I mean it is something

—

MR. PERLMUTTER:

I would suggest that

the applicant consider that and look at it.
MR. CAETANO:

I know that there are

laws that take care of the cars on existing
state highways and I know I fought that years
ago with the homeowners/ and I think this is
a law you have to have.

Is there a hundred

feet on that lot where you pull into Marsh
Avenue?
MR. HUGHES:
MR.

A hundred feet.

CONTADINO:

The

frontage

on

Broadway?
MR. CAETANO:
it as an exception

Yes.
—

MR. PERLMUTTER:
be much better.

Maybe he could get

On Route 9 that would

�25
CHAIRMAN STEVER:
of

the things

Certainly it is one

to consider, because

if you

have a problem you could put an angle curb
cut so people can only turn right off of that
lot.

I don't think you can put a "no right

turn,/' only on Gordon Avenue; that would make
no sense because you never
know/

it

people;

intervenes
but

you

with

can

a

have a —
lot

certainly

of
do

you
other
that

internally.
It's something that you might look at
in the course of the next couple of weeks.
MS. BECKER:
is that

entire

Don/, what you are saying

exit

from Gordon Avenue or

vice versa?
CHAIRMAN STEVER:
problem.

Well/ I don't see a

I may differ with David on this. I

never did see a safety problem anyway from
entering the parking lot from Gordon Avenue
because

—

MR.

PERLMUTTER:

There

is.

The

problem is entering Gordon Avenue from Route
9.
CHAIRMAN
inconvenience/

STEVER:
but

from

Yes,, it becomes an
the safety problem

�26
that I saw

—

MR. PERLMUTTER:

That's where you are

going to be rear-ended/ there (indicating).
CHAIRMAN

STEVER:

—

people

coming

down/, exiting from Gordon Avenue and wanting
to turn south on Route 9/ or even if they
turn north on Route 9/, there's lane by Dr.
Green's/,
from

implying Mr.

the Cabbage

Rodriguez

Building

and

is turning
the

Philips

Manor Plaza/, and I'm afraid we will end up
with accidents

out

there because

of that/,

because people come down there pretty fast
and maybe

that

I am overseeing

this

in a

traffic study/, that will tell me.
So that's why it seems I want to go
into this with a good record on the traffic
impacts so my conscience is clear after all
is said and done/ you know/r that I had the
best advice that I had to get the traffic
study.
MR. SCHIFF:

I would suggest if some

issue was raised about perhaps the traffic
signals probably you could ask for a traffic
study to use to just look at the question if
the traffic warrants it/, whether or not with

�27
the increased traffic on Gordon/whether then
there might be the possibility of getting a
light there.
CHAIRMAN STEVER:

You have already got

a light at Pocantico Street/, you have got a
light 200 yards farther down.

You know#( I

just can't see the state putting a light at
Gordon Avenue/ which is about 350 feet from
—

looking

at

those

three

lights/, I just

don't see it.
MR.

CAETANO:

that in Ossining.

You

have

lights

I don't see —

like

they're 100

feet; you have got another one 75 feet right
up the road.
CHAIRMAN

STEVER:

That's

right/, you

have got them in Ossining/, you have got them
in Mount
saying

Kisco

you

something
DOT's

the same

should

you

could

requirements

look

way.
at

look
for

I am

it/
at

but

to

distances

not
it is

determine
between

lights.
MR.

SCHIFF:

There

is

also

the

metropolitan study.
CHAIRMAN STEVER:

Yes.

I don't want

to monopolize the discussion here.

Any

�member of the Board want to ask a question?
Go ahead.
MS. BECKER:

Will the building be used

for Antonio Cabinetry then?
MR. HUGHES:

No.

MS. BECKER:

What will the space be

used for then?
MR.

HUGHES:

Retail

on

the

first

floor/, proposed office space on the second
floor.

So

we

commercial

envision

tenants

renting

who

it out

to

just

be

would

providing you with household goods services,
that type of business/, regular retail.
MS. BECKER:
to

what

Is the business similar

is applying

for space

in Philips

Plaza?
MR. HUGHES:
MR.

Correct.

PERLMUTTER:

observation.

It is my

I

just

view that

have

one

if this

building were built in the more traditional
way/

getting

the

proper

permits

and

then

building the building and having come to us
with site plan approval before the building
was built/, this site plan woulcl be totally
unacceptable.

O.K./, the building is too

�29
imposing/, the parking is in
the site

the wrong place/

lines are really messed up going

down Broadway; and I think even if you knock
down the ten feet/, it's just going to be — I
tried it; it does it again —

I think you

really should consider going back another ten
feet/, and I know you have the variance.
MR.

CAETANOr

Do

you

want

to say

something?
MR. SCHIFF: Yes.
CHAIRMAN STEVER:
MR. SCHIFF:

Do you have comments?

Well/, some of the things

I guess have been taken care of.

Number one

on my memo/ the loading space/, I understand
that

they

got

mentioned

to

location

shown

dumpster

—

address:

how

a

variance

the

for

architect

for garbage

an

issue

they

there

is

I
no

pickups/, for a

you

are

that.

want

to

them

handle

to

that/,

commercial/, solely for that?
CHAIRMAN STEVER:
MR. SCHIFF:

Right.

Which is something not on

here/, and the question that I raised before:
on

the

north

elevation/,

as

I

mentioned

before/, there appears to have been a loading

�30
1

door.

2

considered

3

now.

4

would

5

something

6

that

7

door or just a window.

8
9

10

I

the

know

way

if

the

that

is

parking

is

still
aligned

I don't know if it would work/ how that
relate

is

to

that

that;

we

need

intended

From
about

don't

the

my

to

to

be

memo

driveway

so

that

clarify*

an

3

is

I

is

whehther

overhead

number
which

this

garage

had

now

asked

clear/now

that you have shown the rest of the property.

11

Additional

landscaping

we have already

12

discussed;

13

plan,, if you could have a landscape

14

show

15

signs in and out/, directional signs.

16

a

17

sign to describe which are the compact spots/

18

which

are

19

have

to

20

located.

21

the relationship of your directional signs to

22

any traffic signs in the streets/

23

avoid any potential conflict

24
25

where

and

as

there

requirement

MR.

part

would

in

the

the

regular

show

where

And

of

be

employees/, too.

any

landscaping

spots.
that

architect

free-standing

ordinance

the ordinance

CAETANO:

the

There is

there

So

you

sign

be

a

would

would

be

also talks about

Meaning

I guess/, to

there.
signs

for

the

�31

MR. SCHIFF:

Whatever they are/, you

know/ will be in the landscape plan, just to
know where they go/ how high they are/, et
cetera.
CHAIRMAN STEVER:

Following up on the

landscaping point/ it seems to me/, and again
I am sort of addressing this to Mr. Schiff
and to the applicant/ I would be interested
in seeing a plan which involves at least in
the critical sight line places

rather mature

trees*, right out of the box/ so that we are
not waiting many years to have a tree grow up
to modify the visual impact of the corner of
the building as you view it from this street
or from Philipsburg Manor/, and I am looking
at both corners of the building/, and you will
see I would be interested in making sure that
you have some coniferous vegetation as part
of your screening/ not just the trees and the
leaves fall off in the winter so that you are
sweeping

and

it's more or

less

consistent

throughout the year/ so you don't lose it all
in the winter/ that you have got some left;
and that I am going to throw out to you to
pass on to your landscape designer for the

�32
landscaping plan.
Any other questions

from any of the

Board members at this point?
MS.

GANDOLFO:

We

retaining walls in here.

also

have

new

You are also going

to have to show how tall and whe.re- there are
fences on these walls.

All right?

CHAIRMAN STEVER:
MR. DI GENNARO:
the

Chairman

And our engineer?
That is. exactly what

addressed/

and

also

to

reiterate/ and you have addressed it several
times/

Steve/, already:

seeing

a

more

the

detailed

importance

site

plan

of

in two

scale/ also showing the topography so we can
get an accurate view of what the drainage
patterns are going to be.
Additionally/
some —
used

we

are

going

to need

I guess the existing building was

for

a

cabinetry

business

or

was

a

factory or had just one use or it was just
one facility?
MS. GANDOLFO:

Just one use/( Antonio

Cabinetry Production/, cabinet making.
MR. DI GENNARO: Being it is going, to
be

a

second

floor

office*

second

floor

�33
retail/

increasing

the

amount

of sanitary

sewage that is going to be discharged into
the village's system/, we need that addressed
as

well/, what

volume

we

can

expect

and

whether or not the system can handle it at
that point.
CHAIRMAN
reason

to

STEVER:

Do

you

have

any

believe that we have a massive

problem there?
MR. DI GENNARO:

I don't know,, Mr.

Chairman.
CHAIRMAN STEVER:

Do you have any reason

to believe that we have any capacity problem
in that vein?
MR.
idea.

DI

The

GENNARO:
village

I don't

in

the

past

have any
has had

certain problems in different •areas.

Where

they are certainly/, I'm not sure.
CHAIRMAN STEVER:

Is there a low spot?

Is this one of the areas where during rain
events you get kind of a surcharge • and you
get a back pressure?
MR. DI GENNARO:

Well/, there are areas

in the village that have restrictions and we
have looked at them very often in the past.

�34
We have never done a detailed study for the
village.

I would have to research where

these areas would be.
MR. CAETANO:

Do you want the village

to do this or Mr. Rodrigues?
CHAIRMAN STEVER:
MR. DI GENNARO:

No; the village.
What we need from the

village is the volume of sanitary sewage that
is going

to be generated from the facility

and then also determine whether —
submitted

that is*,

from the applicant* what capacity

of the main that is going to be tied into us
in that location is going to be.
CHAIRMAN STEVER:
—

I would assume that

who has that?
MR. DI

GENNARO:

I think the Water

Works Department/, yes.
CHAIRMAN STEVER:
the calculation
multiplication

And I would assume

of the
of

the

load is simply the
number

of bathrooms

times some sort of standard cost for the use
of the space/, and that is a computation that
you do?
MR. DI GENNARO:
CHAIRMAN STEVER:

Right.
O.K./, any other

�35
comment from the Board?
MR. HUGHES:

May I say something.

CHAIRMAN STEVER:

Yes.

I was going to

exhaust the comments from the Board and the
people who are here.

I will be happy to hear

you*
MR. HUGHES:

Gus is our engineer here.

I think he knows this stuff quite well.

If

you want to say something/ so we can just see
what you want.
MR. PAESE
friend.

(Gus):

I feel

I'm more a

My first name is Gus/, Gus Paese.

I

have been a consulting engineer since 1968/
and that's thirty years for Tarrytown/ North
Tarrytown and the Town of Ossining for the
last twelve years.
I

received

Rodriguez.

I am retired.
a

call

He says*. "Gus,

from

Antonio

I need some help

with some engineering at the site."
I says/, "Where? "
He says/, "Where the old Pickwich Post
used to be."
I said/, "What's the problem?"
He

says

a little ' drainage

huge wall in the back.

and

that

"Wo\ild you take a

�36
look at it?"
And I says I would be happy to.
I have been to the Pickwick Post many/
many times.

There are absolutely no sewer

problems in that area —

eight-inch sanitary

severs/, the design for the capacity of the
final development of the area.

So we can

verify with the village or with the county*
the environmental facilities/, to see if they
have any problems with the sanitary sewer.
When

John

Verrose

(phonetic)

was

the

superintendent of public works/ not being a
professional

engineer/

North

Tarrytown

retained me to do a survey and we got a grant
for a catch basin improvement.
increased

the

John Verrose

size of the storm

line that

traverses the Pickwick Post parking lot from
either an 18 or 24 to a 30 inch.
We have four catch basins surrounding
the corner
enlarged
down

of Gordon and Broadway/, and we

the size of the storm line coming

from

Katrina

and

into the basins on

Gordon Avenue.
There

is

a

storm

culvert

that

traverses the Pickwick Post parking lot/, and

�37
it would be my suggestion that they uncover
it and build a catch basin over it to drain
the parking lot.
I agree with the engineer/ and I told
Mr.

Rodriguez

he

must

have

an

up-to-date

survey of the parcel and he must have all the
dimensions on the drawing.
With
years

respect

that

Pickwick

to traffic

in all the

I

have

been

here/

Post

was

there

and

when
the

the
auto

dealership was there/, there was never any
traffic problems coming in and out of Gordon
Avenue.

One of the driveways to the Pickwick

Post parking

lot lines up with Katrina.

I

suggested to Mr. Rodriguez that he remove the
driveway very close to the intersection of
Gordon and Broadway/ either move that further
up Gordon Avenue or eliminate it completely.
The concrete abutment at the rear of
the property.
in

front

assured

of

that

anywhere.

I asked him to dig a test pit
the

abutment

that abutment

The

four feet thick/

so

I could

would

be

never go

footing at the abutment is
twelve feet wide;

massive concrete structure.

it's a

Years ago/, when

�38
I went in, I guess they didn't put in any
reinforcing
there

rods.

longer

That

than

—

abutment

well*

will

it's

just

be
a

cosmetic crack in the center of the abutment;
it's cosmetic only.
out

two inches/

that

tree on

The wingwall has moved

and that's because there's

the corner 105 feet away* an

eight-inch root over the wingwall curved back
and went in back of the wall.

So the wing

wall more or less has moved out/, but that's
not a structural deficiency.
I told

Mr. Rodriguez

I hate

to go

before boards because I was the consulting
town

engineer

Planning Board.

for

the

Town

of

Ossining

It's time consuming and very

costly* but I would be willing to state that
there are no sewage problems there/ no storm
drainage problems there/, and the abutment
condition

will

be there

after we

are all

gone.
But I do agree with the Board: they
should

have

dimensions.

an

up-to-date

survey

with

I looked at all the stuff that

they have here and I think it's beautiful.

I

think if that could be accomplished at that

�39
corner/ which is really like the gateway to
the

village/

I think

it's

beautiful; but

that's my own personal opinion.
the Board's decision.

It has to be

But I will answer any

questions.
CHAIRMAN STEVER:

Will you be putting

together the numbers we need/ because we need
just the loading numbers to give to the Water
&amp;

Sewerage

Department

and

we

need

the

drainage plans so we know where the culverts
are and so forth.
MR.
doubt

PAESE:

it.

I understand/, sir.

I

I refuse to do things like that

because to my thinking it's repetitious and I
can look at a building and I can tell you if
it is good or bad.
we

can

get

engineer;

a

I

But I will assist them if

young

will

draftsman

do

the

or a young

trouble-shooting

work/, I will get all the information that I
can.
With
suggest
highway.
how

respect

that

you

to Route 9/, I strongly
stay

out

of

the

state

They will jerk you around God knows

long.

You're

better

off

staying

on

Gordon Avenue and/, like your attorney said/,

�40
if an existing curb cut exists on the state
highway/, it's better that you hold on to it
because if you give it up you will never get
it back.

I will aid them in any way I can.

Any questions?
CHAIRMAN
indulge/,
tonight

we
in

STEVER:

have

a

response

public hearing.

Thank you very much.
If the Board will

few
to

people
the

who

cause

came

of

the

I don't want anybody feeling

that we have wasted their time.

You will

have an opportunity next month to speak on
this matter.

But if anybody would like to

say anything/, if you have any observations we
are happy to hear from you.
MR.

CASTRONE:

My

name

is

Peter

Castrone/, the owner of the Amco Station at
Lawrence and Broadway/, right across from Mr.
Rodriguez's property/, and I would

just like

to say that this town needs more people.like
Mr.

Rodriguez/.

we

need

development in this town.
Manor

who

are

complaining

this

kind

of

The people in the
about

this

job

don't shop on Beekman Avenue/, they don't know
what it is like on Beekman'Avenue.
There's

no place to buy sneakers in

�41
this town.

You can't buy jeans in this town.

I mean we need

people who want to bring

business in and at the same time make the
community look beautiful; and that's exactly
what he's
things

doing.

that

we

And 1 feel a lot of the
are

doing

here

are

just

holding him back/ we are just holding up the
man/, and there are not too many people that
want to be in this community when they have
to deal with these things.
We brought in Meinecke Mufflers.

But

it's hard enough to be in business here/, when
we

have

hearings

and

hearings

and

more

hearings and people don't show up and notices
don't go
month/

out and

another

gentleman
think

nobody

month/, and

is spending
you

comes.

And next

meanwhile

this

a lot of money.

should

take

that

I
into

consideration/, and it's costing him a lot of
money to be here tonight.
CHAIRMAN

STEVER:

Is

there

anybody

else who has anything that they wish to say?
MR.

PLANO:

I

am

Richard

Piano/

president of the Phillipse Manor Improvement
Association/,

and

I

would

like

to

state

�42
specifically
requested

that

that

the

our

association

proper

has

procedures take

place in approving the zoning of the review
board.

We have made no statements about

size/, architectural style of the building or
anything.
proper

Our

interest

procedures

appeared

at

is we wanted

followed

the beginning/

because

when

the
it

the steel

girders went up,, that this was in violation
of various codes that we had.
So our position is here strictly that
the

appropriate

board

be

involved

in

the

project/, which is the architectural review.
As an aside/, a summary of this meeting
is

whether

this

is

very

clear

to

Mr.

Rodriguez and the people that he has here/,
the architect/, the lawyers/, what it is that
is required —

that it has to be made next

month/, because as I listened

in/, I am not

sure that every message has been communicated
properly/, what precisely

is needed

so that

the project can be completed and approved/ so
I will state that in behalf of Mr. Rodrigues/
because there are things and I just want to
make sure that things are clear and the Board

�43
is not dragging it on and that it is carrying
out the letter of the law,, which is really
all that I ask you to do.
CHAIRMAN

STEVER:

Thank you.

I can

assure you that those who know roe well know
me

to

be

an

individual

who

believes

in

dealing officially in procedure and I don't
take lightly cutting corners and I am also a
stickler for'detail; and I thought we were
pretty

clear

when

we

ticked

off

pretty

specific things that we want to see from the
applicants

the

site

plan

provisions

—

I

think the applicant can understand what those
are.
Again,, I think we have discussed just
about

all

of

the

jurisdiction over.

issues

that

we

have

I mean if any member of

the Board wants to bring up something else
that

we

would

like

to

discuss

with

the

applicant,, right now is the time to do it.
But we are moving forward here and my goal is
not to look at these plans from now until the
end of the year.
plans

in

I am going to have these

whatever

shape

we

find

them

acceptable away from my desk as promptly as I
can get them away from my desk so that we can

�44
1

move on to other things.

2

We are going to be having your friends

3

from General Motors here in a few months and

4

we are going to be very/, very busy.

5

MR.

HUGHES:

To make

6

clear/, you

7

hearing next month?

8
9

John/,

want

a renotice

CHAIRMAN

STEVER:

I

think

don't

10

renotice.

11

next month.

12

on this point/, but

I

you

it absolutely
for

will

legally

a

public

tell you,
have to

We have adjourned the hearing for
I will turn to learned counsel
—

13

MS. GANDOLFO:

14

MR. PERLMUTTER:

NO/, no notice

—

•

Is it the result that

15

we have to adjourn for a month?

16

me to so move?

17

CHAIRMAN STEVER: Please do.

18

MR. PERLMUTTER:

19

Do you want

I so move*, that we

adjourn the meeting to the next meeting.

20

CHAIRMAN STEVER:

21

MR.

HUGHES:

22

respect

23

Philips Plaza.

All in favor?

One

final

point

with

to the renewal of the approval of

24

CHAIRMAN STEVER:

25

MR. HUGHES:

Yes?

In ray 18 years of practice

�45
1

here/( echoing Gusfl I have done that by letter

2

form/( by letter request form.

3

proper procedure?

4

MS.

GANDOLFO:

Is that the

That's

the

way

we

5

usually do it/, and then the Board will take

6

it up at the meeting after it has received

7

the letters.

8

each board you need an extenstion from

9

But/, John/, just remember that

CHAIRMAN STEVER:

10

MR. CICHETTI:

—

Don't forget one*
On that matter *( John/,

11

on the reopening

12

only

13

variances have been approved/, were approved a

14

year ago.

of the Philips Plaza/, my

understanding

is

that

all

zoning

15

CHAIRMAN STEVER:

16

MR. CICHETTI: On Philips Plaza?

17

CHAIRMAN STEVER: That's correct -

18

MR. CICHETTI:

19

On Philips Pl&lt;*za.

Does this mean that it

now has to go through the whole procedure?

20

CHAIRMAN

STEVER:

NO/,

that • s the

21

point.

22

apparently

23

received approvals which have lapsed because

24

construction hasn't commenced

25

apply for essentially a reinstatement

Our
is

custom
that

here
an

in

the

applicant

village
who

has

can routinely

�46
of the approvals.

There may be a time bar on

that at some point/, but this applicant hasn't
run into that yet.
MR. HUGHES:

Thank you.

CHAIRMAN STEVER:

Thank you very much.

I think we have no other business tonight/, so
I think that I will entertain a motion.
MR. CICHETTI:

I make a motion that we

close the meeting.
MR. PERLMUTTER:

Second.

CHAIRMAN STEVER:
there

is always

O.K./ that's it/, and

the third Thursday of the

month.
(Meeting closed at 9:10 p.m. and was
adjourned to Thursday/, October 16/, 1997.)
C e r t i f i c a t e
I/,

Thomas

P.

Foley/,

Certified

Shorthand

Reporter in and for the State of New York/ do
hereby certify that the foregoing transcript
is a true and accurate verbatim reproduction
of my Stenograph Machine notes to the best of
my ability.

\Jl&lt;cmd&lt;t f.
Thomas P. Foley/, CSR

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