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                  <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING
October 17,2002

RECEf VED
NOV ~ 8 9(11)7

The meeting was called to order at 8:04 pm by Nicholas Robinson, Chairman. tdiCftfik£ CLERK
noted that a quorum was present.
&gt;«^
i
Present:

Nicholas Robinson, Chairman
Nicholas Cicchetti
George Tanner
David Perlmutter
Ed McCarthy

Absent:

Ed Napoleon
Dorota Szwem-Kopczynski

Also Present:

Dave Smith (Saccardi &amp; Schifl^illage Planner)
Dan Pennella (Charles A. Manganaro/Village Engineer)
Anthony DelVecchio (Recording Secretary)
Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Bob Stiloski (Director, Department of Fire and life Safety)

* ** ' * - *- ^

Announcements:
None.
Agenda:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)

Kendal on Hudson
Karl Dibble
Omnipoint
Antonio Rodrigues
Laurentino Rodrigues
Ichabod's Landing
Monopole permit application status
GEIS/Wireless Location Study
CFF Realty
Barnhart Park
Inner Village Parking
Minutes

George Tanner made a motion to adopt the revised agenda. David Perlmutter seconded.
It was unanimous (5-0).

�1) Kendal on Hudson This is a continuation from previous meetings.
Andy Tung is representing this application along with Steve Evanusa.
Andy Tung spoke about the roofscape and garage facade final designs. He spoke about
moving the cooling towers to grade near the parking lot and their impacts.
George Tanner asked if anyone could fit under the garage railings and access the cooling
towers.
Andy Tung responded no. He discussed the proposed railing design.
The Chair asked if the Village consultants had any questions.
There were none.
The Chair asked if the Board had any other questions.
There were none.
The Chair asked when the plantings would be set.
Andy Tung responded as soon as the site is stabilized from the constriction activity.
David Perlmutter made a motion to adopt the site plan with regards to the garage and
cooling towers. Nicholas Cicchetti seconded. It was unanimous (5-0).

2) Karl Dibble This is a continuation from previous meetings.
Richard Blancato is representing this application along with the applicant Karl Dibble.
Richard Blancato stated that he had some comments on the draft Resolution that he
received from the Village Attorney. He stated that the dates are missing from items # 7
and #17. He proposed a date of one-year from the issuance of the building permit.
There was an open discussion on the date to be inserted.
The Chair recommended adding language to state that the applicant is to agree with the
Village Building Department on a phased implementation of the site development with
specific dates for each phase and submit this schedule to the Planning Board no later than
November 21, 2002 and complete all work by September 18, 2003.
Planning Board Meeting, October 17, 2002
2

�There was an open discussion on the length of time it would take to complete all of the
remediation work as well as all of the proposed site plan work.
The Board, by consensus, asked the applicant to resolve the drainage and retaining wall
issues first then return with a schedule for the remaining work.
Karl Dibble stated that the neighbors do not have any more water entering their
properties.
Antonio Rodrigues is one of Karl Dibble's neighbors. He stated that Karl Dibble has
added an additional two (2) feet of concrete to the top of the existing walls.
The Chair polled the Board.
Nicholas Cicchetti asked how long will the work take to complete.
Dan Pennella responded about 60 days.
George Tanner had no comment.
David Perlmutter stated that the Board should approve the drainage and the walls. He
also stated that the applicant should return in 30 days and report on the status of the
drainage and the retaining walls. Based on his report, the Board will either allow the
applicant to proceed with the remainder of the work or recommend that the matter be
turned over to the Village Attorney.
Ed McCarthy stated that the applicant should return in 30 days.
Richard Blancato stated that the entire plan should be approved.
David Perlmutter made a motion to reject the application and move the matter to the State
Supreme Court.
George Tanner seconded.
The Chair asked the Board for comments.
Nicholas Cicchetti stated that he is against rejecting the application.
Richard Blancato stated that the remediation work would be listed first on the
construction schedule.
There was an open discussion on how to proceed with the application.
Planning Board Meeting, October 17, 2002

3

�I

Richard Blancato stated that the site plan was mutually agreed upon previously. He
stated that the applicant wants to start working.
The Chair referred to the Village Engineer.
Dan Pennella stated that if the applicant starts and does not finish the work; it would be a
big concern for the neighbors.
Karl Dibble stated that he wants to do the job right.
The Chair recommended altering the resolution by having the applicant perform the
remediation work first and then submit a construction schedule for the remainder of the
work.
Richard Blancato stated that the applicant wants to perform all of the property drainage at
the same time.
The Chair asked David Perlmutter to repeat his motion.
David Perlmutter stated that based on the current unlawful condition of the site, the
continuance of unlawful work and the applicant's unlawful remedial work he motion to
reject the application and refer the matter to the State Supreme Court.
George Tanner asked about the drywells on the property.
There was an open discussion on the property drainage.
The Board agreed to approve all drainage work.
Karl Dibble stated that he wants the entire site plan approved or nothing.
Richard Blancato asked the Board for an adjournment to later in the meeting so that he
may speak to his client.

3) Omnipoint This was adjourned to next meeting as per applicant's request.

4) Antonio Rodrigues Sean McCarthy is the project architect and is representing this application along with
Antonio Rodrigues.
Sean McCarthy stated that five (5) copies of the site plan and drainage plans were sent to
the NYS DOT. He also stated that Adler Consulting has been contracted to perform a
Planning Board Meeting, October 17,2002
4

�traffic study of the proposed parking and traffic plan. He discussed the proposed
intersections in detail.
George Tanner stated that he was concerned about the ingress and egress of the site and
also about making a left-hand turn from the property.
Sean McCarthy responded that the traffic consultant would issue a report on their
findings.
The Chair asked if the Board had other comments.
There were none.
The Chair asked if the OPRHP (Office of Parks, Recreation and Historic Preservation)
were contacted since Phillipsburg Manor is across the street.
Sean McCarthy responded no.
Nicholas Cicchetti asked if the exit would be at the northernmost part of the property.
Sean McCarthy responded that the exit is currently at this location. He explained how
traffic would flow in case someone was unable to secure a parking space.
David Perlmutter made a motion to have the Planning Board act as the lead agency.
George Tanner seconded. It was unanimous (5-0).
The Chair stated that the applicant should work on the Environmental Assessments and
the traffic consultant's reports. He stated that the applicant should appear before the
Architecture Review Board and the Waterfront Advisory Committee in the meantime.
Dave Smith responded that the applicant is on the October 21, 2002 Waterfront Advisory
Committee's agenda.

5) Laurentino Rodrigues There was nobody present for this application.

6) Ichabod's Landing The Chair asked if the Board had any comments.
Nichols Cicchetti spoke about the road to be built for the stores on the north side.
Bruce Lozito responded by speaking about how people would access these stores as well
as access to the site.
Planning Board Meeting, October 17, 2002

5

�Nicholas Cicchetti asked about the view shed from Route 9.
Bruce Lozito responded that the Village has accounted for the view shed in the LWRP.
George Tanner asked if the applicant has spoken to the GM developer (Roseland) as of
yet.
Bruce Lozito responded yes. He stated that Roseland is still working out their plans for
the site.
Ed McCarthy asked how would the stores receive their deliveries.
Bruce Lozito discussed two methods on how merchants would receive their deliveries.
The Chair stated that the property is too dense and crowded. He stated that viable
alternatives under SEQRA have not been fully addressed. He also stated that the
applicant has not shown any factual data as to how the project would succeed.
Bruce Lozito responded that they would provide this data in the FEIS.
The Chair stated that until the road is known, it is an artificial plan. He also stated that
this is the first waterfront project, it must be realistic.
The Chair stated that the applicant is not making use of the deep-water port.
Bruce Lozito asked if the Board had any ideas.
The Chair stated that the applicant could load people for riverboat rides.
The Chair stated that a less dense site would be more beneficial to the community.
Bruce Lozito responded that he would try to revise the plan and make it more workable.

2) Karl Dibble (continued)Richard Blancato requested an adjournment to next month. He stated that the applicant
would return with a construction schedule. He stated that the schedule would reflect all
remediation work being performed first. He stated that the ARB meeting is in November.
He stated that the applicant couldn't get on their agenda without an approved site plan.
Ed Lammers stated that this was a viable alternative. He also stated that the site plan
should not be approved without a schedule.
David Perlmutter stated that additional screening should be added.
George Tanner stated that the schedule should be reviewed by the Village Engineer prior
to the next meeting.
Planning Board Meeting, October 17,2002

6

�The Chair read the motion aloud. The applicant will provide the following:
1) construction schedule with phased remediation
2) revised screening
3) identification of work
The Chair asked when the schedule would be ready for review by the Village Engineer
and the Building Department.
Richard Blancato responded two weeks.
The Chair stated that the schedule is due by October 31, 2002.
David Perlmutter added that no additional construction should be done in the meantime.
George Tanner made a motion to approve. David Perlmutter seconded. It was
unanimous (5-0).

7) Monopole permit application status Ed Lammers stated that he has reviewed the records of previous monopole applicants.
He stated that he does not have a sufficient record.
George Tanner recommended checking with the Zoning Board of Appeals.
Ed Lammers asked the Village Planner and Village Engineer to check for any
information.
The Chair stated that once the files are compiled, the Board would have a worksesion and
discuss.
Ed Lammers stated that Sprint wants to measure the height of the monopole and make
any necessary corrections.
Nicholas Cicchetti stated that a Resolution exists concerning the monopole height. He
stated that he remembers the applications from previous Tree Commission reviews of
surrounding trees as a result of monopole applications.

8) GEIS/Wireless Location Study The Chair stated that the scope has been adopted.
Dave Smith stated that selected sites were looked at. He stated that Village owned sites
were looked at first, school property (not buildings) were looked at second. He stated
that Barnhart Park was looked at for a possible flagpole since it would cover the inner
Planning Board Meeting, October 17, 2002
7

�Village and GM as well. He also stated that all technologies would be evaluated.
The Chair asked when will the draft GEIS be available for review.
Dave Smith responded by the end of the year.
The Chair stated that once it is reviewed, a public hearing would be held. He stated that
all case studies from the other communities would be included.

9) CFF Realty Victor Solavik is the project architect. He is representing this project on behalf of the
applicant.
Victor Solavik spoke about the project. He described the proposed 2nd floor addition to
the existing structure.
The Chair asked about traffic ingress and egress.
Victor Solavik responded that there are no changes in the traffic pattern.
George Tanner asked about the number of parking spaces.
Victor Solavik responded that there are 16 spaces available. He also stated that this is
more that what is required.
The Chair stated that the Board must declare itself as the lead agency and then refer the
applicant to the Waterfront Advisory Committee.
Dave Smith stated that the Board should refer the applicant to the Architectural Review
Board for preliminary comments.
George Tanner made a motion to declare the Planning Board as the lead agency, refer the
applicant to the Waterfront Advisory Committee and to the Architectural Review Board.
David Perlmutter seconded. It was unanimous (5-0).

10)Barnhart ParkThe Chair stated that the Village Board of Trustees wants to be the lead agency.
Dave Smith stated that the Village Trustees have declared lead agency status but the
Planning Board would have final site plan approval.
The Chair stated a Phase I review of the site should be performed.
Planning Board Meeting, October 17,2002

�Dave Smith stated that he would make that recommendation to the Village Board of
Trustees.

11) Inner Village Parking Dave Smith stated that he met with George Tanner and Larry Rodrigues concerning
Village parking. He stated that they have prepared a sketch of an area in the inner
Village that could accommodate 45-50 spaces.
Dave Smith also stated that any Zoning Board applicant who cannot meet the parking
requirements under the Village Zoning Code would be required to provide a fee to waive
the requirement. He stated that the fee would go to the Village Parking Authority.

12) Minutes The minutes from July 2002 were reviewed. George Tanner made a motion to approve
the minutes as submitted. David Perlmutter seconded. It was unanimous (5-0).
The minutes from September 2002 were reviewed. Nicholas Cicchetti made a motion to
approve the minutes as submitted. George Tanner seconded. It was unanimous (5-0).

George Tanner made a motion to adjourn. Nicholas Cicchetti seconded. It was unanimous
(5-0).
Adjourned at 10:17 p.m.
Respectfully Submitted,

Anthony Del Vecchio

Planning Board Meeting, October 17,2002

9

�RECEIVED
NOV 16 ?nn?
RESOLUTION
VILLAGE CLERK
KENDAL ON HUDSON CONTINUING CARE RETIREMENT COMMUNITY SITE
PLAN APPROVAL
October 17, 2002
WHEREAS, on September 6,2001 Kendal on Hudson and the Phelps Community Corporation
(jointly the "Applicant"), including its successors and assigns submitted an application to the
Village of Sleepy Hollow Planning Board ("the Board") requesting site plan and wetlands permit
approvals to develop a continuing care retirement community ("CCRC"); and
WHEREAS, the proposed CCRC is situated on approximately 21.4 acres on the western portion
of the existing Phelps Memorial Hospital Center ("Phelps") campus designated on the tax
assessment maps of the Town of Mount Pleasant as Section 110.11, Block 1, Lots 1,2 and 3; and
WHEREAS, the proposed CCRC consists of 225 independent living apartments, 24 enriched
housing units and 42 skilled nursing beds along with common facilities provided in
approximately 435,000 square feet of building area, serviced by 393 parking spaces (the
"project"); and
WHEREAS, the proposed project was the subject of a comprehensive environmental review
conducted by the Mayor and Board of Trustees acting as the Lead Agency under the State
Environmental Quality Review Act (SEQRA) and that the Mayor and Board of Trustees did
issue an Environmental Findings Statement on June 19, 2001, which Findings Statement
concluded that with the mitigation measures imposed, the project minimizes or avoids
environmental effects to the maximum extent practicable and that after due consideration, the
Proposed Action will provide a balance between the protection of the environment and the need
to accommodate social, economic and other considerations of sound public policy; and
WHEREAS, on September 20, 2001, October 18, 2001 and November 5, 2001, the Planning
Board did publicly discuss the contents of the proposed site plan application and the format in
which it would be reviewed; and
WHEREAS, on November 21, 2001, December 3, 2001, December 20, 2001, January 17, 2002
and February 21,2002 the Planning Board conducted and/or continued a public hearing on the
detailed site plan and wetlands permit application upon due notice and all persons wishing to be
heard were afforded an opportunity to be heard; and
WHEREAS, the Planning Board did discuss in detail with the Applicant issues related to
construction and site preparation, architecture and landscaping, circulation, utility systems and
wetland buffer activities; and
WHEREAS, as a result of public input during the public hearing process and comments raised by
the Planning Board, Village staff, and Village consultants, modifications were made to the
proposed site plan application; and

Page I of 3

�WHEREAS, the Planning Board, as an involved agency as defined under Article 8 of the State
Environmental Quality Review Act (SEQRA) and the regulations promulgated thereunder, after
thorough review of the environmental documentation, determined that the proposed project is
consistent with the Environmental Findings Statement adopted by the Mayor and Board of
Trustees as attached to the Planning Board's environmental findings; and
WHEREAS, that the site plan approval incorporates by reference the legends on the site plan
drawings and any material variation from the approved site plan shall require a resolution from
the Planning Board approving said changes; and
WHEREAS, as part of the site plan approval there were specific conditions to be completed
before building permits are issued or any construction commenced including:
2.

The Applicant shall review with the Planning Board the proposed roof drainage system,
including the type of materials if gutters and leaders are used, or in their absence, how
drainage would be accommodated away from the building and directed to the stormwater
management system.

3.

The Applicant shall prepare, subject to Planning Board review and approval, drawings
illustrating the organization and aesthetic treatment of the roof penetrations and roof
scape treatment which shall include sound attenuation and shielding for any use of
cooling towers and compressors for the facility's air conditioning system(s). Further, the
Applicant shall include facade treatment details for the proposed garage facility, using
materials which complement the already proposed buildings.

WHEREAS, on September 4, 2002, the Applicant submitted supplemental material including:
A 1.5 Roof Plan
A2.1 East Elevation (Commons &amp; ILU East)
A3.1 Architectural Details and Materials - Typical Elevation
SP-11.0 Parking Garage - Detail Site Plan
A4.1 Parking Garage -Detail Elevation
A4.3 Parking Garage - Section through Cooling Towers
all dated 09/05/02, and prepared by Divney Tung Schwalbe, LLP; and
WHEREAS, the Applicant has responded to site plan approval conditions outlined above as
follows:
•

proposes to incorporate a roof drainage system consisting of gutters and downspouts that
will be directly connected to the site drainage piping and stormwater management
system. The gutters and downspouts will be made of aluminum and painted white to
match the buildings' architectural trim;

•

prepared a roofscape treatment plan that includes an architectural shingle that varies from
medium to dark brown; plumbing vents located on the west, south and north facing slopes
to minimize visibility from the James H use to the east, said vents to extend a maximum

Page 2 of 3

�of twelve inches above the roof surface and to be painted black; and incorporation of
rooftop architectural elements such as "lanterns", a "tempietto" to screen major roof
penetrations and mechanical appurtenances; and
•

relocation of the project's cooling towers from the tempietto at the west end of the
commons building to a below grade well located between the west side of the parking
garage and the adjacent Kendal visitor parking area. Sound attenuators are proposed on
top of the towers and evergreen screen plantings are proposed around the perimeter of the
well.

•

incorporation of pre-cast concrete panels for the parking garage that match the earth-tone
colors of the Kendal on Hudson residential buildings.

WHEREAS, the Planning Board did discuss the proposed supplemental site plan information at
their September 19,2002 regularly scheduled meeting; and
WHEREAS, the Planning Board requested additional information related to the design of the
cooling tower; and
WHEREAS, on October 2,2002, the Applicant submitted A4.3 Parking Garage - Section
through Cooling Towers dated 10/01/02, prepared by Divney Tung Schwalbe, LLP; and
NOW, THEREFORE, BE IT RESOLVED, that after careful evaluation of the material submitted
the Planning Board does hereby approve the supplemental and revised site plan elements as
meeting the requirements of Conditions 2 and 3 of the "Conditions to be Completed Before
Building Permits Are Issued or Any Construction Commenced" and incorporates those
components as part of the approved site plan; and be it further
RESOLVED, that the conditions and mitigation identified in the Planning Board's previous site
plan approval remain in full force and effect.

&lt;4A

&amp; \

XsM-w—

Nicholas Robinson, Chairman

fi/e^tJbr
Dated

F:\M\M-720 Sleepy Hollow\Resolulions\koh revised site plan.wpd

Page 3 of 3

2)^ Jco 2~

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