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                  <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING
March 21,2002

RECEIVED
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VILLAGE CLERK
The meeting was called to order at 8:05p.m. by Nicholas Robinson, Chairman. The Chair
noted that a quorum was present.
Present:

Nicholas Robinson, Chairman
Ed McCarthy
Dorota Szwem-Kopczynski
Ed Napoleon
George Tanner
David Perlmutter

Absent:

Nicholas Cicchetti

Also Present:

Dave Smith (Saccardi &amp; SchifiTVillage Planner)
Dan Pennella (Charles A. Manganaro/Village Engineer)
Anthony Del Vecchio (Recording Secretary)
Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Bob Stiloski (Director, Department of Fire and Life Safety)
Jerome Fine (J. Robert Folchetti/ Village Engineer)
Don Ruggerio (Charles A. Manganaro/Village Engineer)
Joel Sachs (Keane &amp; Beane/Village Special Counsel)

Announcements:
The Chair stated that the Laurentino Rodriguez application was not noticed and will not
be on this month's agenda. He stated that it will be on next month's agenda.
Agenda:
a)
b)
c)
d)
e)
f)
g)

A Discussion on Affordable Housing Techniques
Kendal-On-Hudson
Verizon
Fremont Pond Dredging
Omnipoint
Karl Dibble
Minutes

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

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�a) A Discussion on Affordable Housing Techniques Dave Smith discussed affordable housing based on the Linkage Study. There was a
concern of the possible effects to the inner Village once the GM property is developed.
Also, the effects of the new Metro North railroad station. He stated that it creates less
affordable housing.
The Chair stated that these are preliminary discussions.
John Saccardi discussed methods of affordable housing. He discussed the impact of GM
and Metro North. In White Plains, he stated that zoning blocks were analyzed.
John Nolan discussed affordable housing in Dobbs Ferry. He stated that affordable
housing was built based on the potential loss of their volunteer Fire Department. He
discussed zoning overlays. He stated that the Village could engage a not-for-profit
housing development. The development could look at developing affordable housing.
John Saccardi stated that zoning could be used as a tool to create affordable housing.
The Chair stated that the Mayor wanted to look at land-use provisions in the Code. He
stated that the Village is to be maintained during the GM process.
The Chair asked if the Board had any questions.
There were none.
The Chair asked if there were any public comments.
Gwen Smith asked how the affordable housing would be accomplished. She asked if it
would be similar to the complex on Route 119. She stated that they gave preference to
Village employees and the rest of the apartments were awarded via a lottery. She stated
that there were problems with the lottery system.
John Saccardi responded that the Village must target specific needs of certain income
levels.
Don Catano stated that the Village should not forget senior citizens.
The Chair agreed.
The Chair asked about the New Roc Housing development.
John Nolan responded that New Rochelle uses numerous Federal, State or County
programs.
John Saccardi responded that the subsidies could be layered to bring the costs down.
The Chair stated that the Board would try to meet with George Raymond to discuss
Planning Board Meeting, March 21,2002

2

�possible recommendations to the Village Code.
Dorota Szwem-Kopczynski stated that the analysis should consist of municipalities of
similar size to Sleepy Hollow. She used Armonk as an example.
The Chair stated that the waterfront district needs to be looked at in order to keep the
Village affordable.
* -.

b) Kendal on Hudson This is a continuation of a previous meeting.
Andy Tung met with the Village Engineer and the Tree Commission. He stated that the
Tree Commission has granted a permit.
The Chair referred to Dave Smith.
Dave Smith stated that he has been working with the applicant on the site plan. He stated
that there are three items before the Board for their review and approval.
1) Resolution of Recreation Fee agreement
2) SEQRA Findings statement
3) Site Plan and Wetlands permit
Dave Smith stated that there is one outstanding issue. He stated that the connection
between Kendal and Rockwood Hall. He stated that the applicant would provide
permanent access between the properties. He stated that the language needs to be
clarified.
The Chair asked if there were any engineering comments.
Don Ruggerio referred to his memo. A copy was given to the applicant.
The Chair stated that the Board has received a letterfromMetro North Railroad stating
that they accept the proposed design.
The Chair stated that Kendal would provide funds for the Village to perform annual
inspections of the drainage system. If the system needs to be cleared, the Village would
clear it and bill Kendal.
The Chair referred to the Tree Commission minutes.
Al DelBello stated that Kendal has made offers to make the proposed facility accessible
Planning Board Meeting, March 21,2002
3

�to the public. He stated that the language should be clarified.
Dave Smith referred to item #6 (on page 10) of the Site Plan and Wetlands permit. He
stated that if Kendal would close the passage to Rockwood Hall, they would be in
violation of the special permit.
The Chair responded that the language might need to be clarified.
The Chair stated that there is nothing in the Board approval on the garage.
Andy Tung stated that he spoke to the project architect on the garage topic. He stated
that they would be returning to the Planning Board and the Architectural Review Board
withfinalcolors and materials.
George Tanner asked if the lightingfixturewould protrude above the tee.
Andy Tung responded no.
George Tanner asked about the size of the trees.
Andy Tung responded that the trees would be between 6-8 feet tall.
George Tanner asked if the trees would block the lightfromthe lot.
Andy Tung responded yes. He stated that the trees would be close to the lot.
The Chair asked if there were any other comments.
There were none.
The Chair read the Recreation Fee Resolution for the record.
David Perlmutter made a motion to adopt the resolution with the addition of the words
"U.S. dollars". Ed Napoleon seconded. It was unanimous (6-0).
The Chair reviewed the SEQRA findings statement for the public. He spoke about:
1) Noise &amp; dust levels
2) Air quality
3) Metro North's approval of storm water management plan
4) Wetlands
5) Tree Commission review
6) Fee agreement
7) Pedestrian trail system and wooded buffer area
8) Garage facade
9) Construction road/15 spaces on Rockwood Hall
Al DelBello stated that the 15 spaces are subject to Office of Parks, Recreation and
Historic Preservation approval.
Planning Board Meeting, March 21,2002

4

�10) Wetlands impact
There was an open discussion on page 14 of 17 concerning the garage facade.
There was an open discussion on how to handle the guarantee of public access to
Rockwood Hall.
It was agreed that language would be added to the Site Plan and Wetlands Permit
approval.
Ed McCarthy made a motion to approve the SEQRA findings. There was no second.
David Perlmutter stated that the documents should be properly reviewed.
The Board agreed.
The Chair stated that the Board would review and comment at the next meeting.

c) Verizon Wireless/SMSA This is a continuation of a previous meeting.
Leslie Snyder is the attorney representing this application. She summarized the
application to date including the Waterfront Advisory Committee and Architectural
Review Board reviews. She commented on the January 15,2002 Village RF Engineer
review which stated that the emission levels were acceptable.
The Chair asked if the Board had any questions.
There were none.
The Chair opened the public hearing.
Theresa Ferguson (95 Beekman Ave) spoke. She stated that she was concerned about
possible interference with her pacemaker.
Leslie Snyder responded that there would be no interference.
Ann O'Connor (95 Beekman Ave) asked about the location of the antennas in relation to
the school.
The Chair responded that the School Superintendent has raised this issue to the Mayor.
Leslie Snyder responded via photos. She stated that the emission levels from the Van
Tassel were measured and they are below the FCC criteria. She stated that Verizon is
using existing technology. She stated that thefrequenciesto be used are the same as TV
Planning Board Meeting, March 21,2002
5

�channels 71-83 in the UHF spectrum.
Don Catano asked about the NY State regulations.
Leslie Snyder responded that the Telecommunications Act of 1996 discusses emission
standards.
George Tanner asked if the Village would be guaranteed that this will be the only
application on the roof of the Van Tassel.
Leslie Snyder responded that the Village Code allows co-applicants.
Ed McCarthy stated that 250 families live in the Van Tassel and he is concerned.
Leslie Snyder responded that the risks are low. She stated that the Village RF Engineer's
report support her statement.
George Tanner asked if the Federal Standards are valid.
Leslie Snyder responded that the Federal Standards have a safety factor built in.
The Chair stated that the Village is considering performing an environmental review
under SEQRA to look at all possible designs and coverages.
Leslie Snyder stated that the applicant has complied with all Village Laws concerning
communication devices. She also stated that the applicant has visited and received
approvals from other Village Boards. She stated that it is an unnecessary delay.
Leslie Snyder asked the Board if the health risk is the only concern.
The Chair responded that the Board wants to review the entire application.
Ed McCarthy seconded. It was unanimous (6-0).
It would be carried over to next meeting and would be first on the agenda.

d) Fremont Pond Jerome Fine is presenting this application. He reviewed the dredging process. He
discussed the time of year that the dredging will occur and the impact to residents.
The Chair asked if the site plan needs to be approved.
Dave Smith responded that the wetlands permit needs to be approved.
George Tanner made a motion to schedule to public hearing for the next meeting. David
Perlmutter seconded. It was unanimous (6-0).
Planning Board Meeting, March 21,2002

6

�e) Omnipoint This is a continuation of previous meetings.
The Chair stated that the public comment period still has 2 days to go. The Chair asked
the applicant if they had anything to add.
Mike Peters stated that Omnipoint had received a letter from Office of Parks, Recreation
and Historic Preservation (OPRHP). The letter was distributed to the Board.
The Chair stated that the Board had received no comments from OPRHP.
Mike Peters stated that he would like a copy of the 11/13/01 letter from the Village RF
Engineer.
The Chair agreed.
This was adjourned to the next meeting.

f) Karl Dibble This is a continuation of previous meetings.
Karl Dibble is the applicant. He stated that his architect is still working on the elevations.
He submitted a letter from his attorney requesting an adjournment until next month.
The Chair read the letter aloud for the record.
George Tanner asked the Village Engineer if the applicant's consultants had contacted his
office.
Dan Pennella responded that he was contacted about four weeks ago.
There was an open discussion on whether to adjourn the application.
David Perlmutter made a motion to drop the application from the Planning Board agenda
if all applicable documents are not submitted to the Board by April 3,2002. George
Tanner seconded. It was unanimous (6-0).

g) Minutes The minutes for December 2001 were reviewed. David Perlmutter made a motion to
Planning Board Meeting, March 21,2002

7

�approve the minutes as submitted. George Tanner seconded. It was unanimous (6-0).
The minutes for January 2002 were reviewed. George Tanner made a motion to approve the
minutes as submitted. David Perlmutter seconded. It was unanimous (6-0).
The minutes for February 2002 were reviewed. George Tanner made a motion to approve
the minutes as submitted. David Perlmutter seconded. It was unanimous (6-0).

George Tanner made a motion to adjourn. David Perlmutter seconded. It was unanimous
(6-0).

Adjourned at 10:09 p.m.
Respectfully Submitted,

Anthony Del Vecchio

Planning Board Meeting, March 21,2002

8

�Saccardi &amp; Schiff, Inc.

A w i n g and
faetopment
Consultants

245 Main Street
WNte Plains
tew * r t 10601
1 * 914-761-3582
FAX: 914-761-3759
SWdsOsaccschiff.coni
33 Front Street
HJwYbrtc 11550
1*516-486-0610
FAX: 516-486-0615

MEMORANDUM

DATE:

March 20, 2002

TO:

Nicholas Robinson, Chairman and
Planning Board Members

FROM:

David B. Smith

CC:

Hon. Philip Zegarelli, Mayor
Dwight Douglas, Village Administrator
Edward Lammers, Village Attorney
Dan Pennella, CAMCE
MikeMusso.LMS
Mike Peters (on behalf of the Applicant)

RE:

Omni point DEIS

Our office has been in communication with the Mayor and Village Administrator
regarding potential issues which should be addressed as part of the Final
Environmental Impact Statement. Provided herewith are comments raised during
those discussions as well as comments from our own review of the DEIS document.
John J. Saccardi. AlCP

1.

What is the relationship of the Applicant to Crown Atlantic Company; and,
the relationship of Crown Atlantic Company to Phelps Memorial Hospital?

2.

Does the Phelps Memorial Hospital pay taxes on the parcel where the
proposed action is located?

r j * i d B Schiff. AICP. PP
Syrette Dym. AICP
0nidB.Smitri.AICP
Margaret H. UMe. AICP RLA
Bonita J. Von Ohlsen. RlA
CsabaTeglas.AJCP
Const***
Land Development
Comprehensive Planning
Zoning
Real Estate Economics
Environmental Studies
Housing
murViy Development

The Chairman has raised the issue of what exactly is the monopole's height?
The Village's consulting engineer has provided the Village with
documentation that indicates that the height is above what was initially
approved.

�IH&gt;
March 20,2002
Nicholas Robinson, Chairman and
Planning Board Members
Page
2

The Applicant needs to respond to theManganaro memorandum ofNovember 13,2001 with
respect to the actual height of the facility.

JMV

4.

The Village's consulting engineer has previously submitted a series of substantive comments
(see memorandum dated November 13,2001). The Applicant needs to respond to all of these
issues in the FEIS.

5.

DuringthepubUchearin^theAppHcant'sRFEngine^rindi^tedthattbecoveragedepictions
contained in the Radio Frequency Engineering Report (maps 1-15) may not be accurate due
to the presence of existing vegetation. It is important for the Village in evaluating this
proposal that the most accurate depiction be provided, particularly where it illustrates the
worst case scenario. The Applicant is requested to review Maps 1-15 and provide any
updates where necessary.

6.

The Applicant should assess the ability to meet their comprehensive plan coverage (Appendix
F, Map 15) by: 1) utilizing a lower elevation of the existing monopole, and 2) supplementing
that coverage with another facility at another location including, but not limited to: a) the
Village Reservoir, b) Douglas Park, and c) the Village pumping station.

7.

The Applicant should explain at what point would there be sufficient volume on the proposed
network that would require additional sites to be added within those areas already covered
or proposed to be covered. One issue that the Village needs to consider is the eventual
development of the General Motors site which may add another 1,QQ0± residents plus an as
yet undetermined number of employees and visitors to the Village.

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March 21,2002
RESOLUTION
Village Of Sleepy Hollow Planning Board
Ratification of Recreation Fee Agreement
WHEREAS, on September 18, 2001, the Mayor and Board of Trustees of the Village of Sleepy
Hollow ( the "Village Board") did adopt a resolution approving a development fee agreement
between Kendal on Hudson, a New York not-for-profit corporation {"Kendal"), Phelps Community
Corporation ("Phelps") (jointly the "Applicant") and the Village of Sleepy Hollow; and
WHEREAS, said development fee agreement resulted from a thorough environmental review
process and the granting of a special permit to allow a Continuing Care Retirement Community
(CCRC) as special permit use in the H-Hospital District; and
WHEREAS, the Village Board has requested that the Planning Board ratify that portion of the
Development Fee Agreement (see attached) as adopted by the Village Board; and
NOW, THEREFORE, BE IT RESOLVED, that upon review of the development fee agreement, the
Planning Board concurs with the amount of the fee in lieu of parkland and that Kendal shall pay to
the Village a recreation fee in the amount of six hundred sixty two thousandfivehundred ($662,500)
which recreation fee shall include fees payable under Section 19B-5 ofthe Village Code, fees in lieu
of reservation of park, land and open space under Chapter 62 of the Village Code and fees in lieu
of park land under the Village Law of the State of New York Section 7-725 and 7-730, with said
recreation fee to be payable to the Village no later thanfive(5) days after the closing on the sale of
the bonds by the Westchester County Industrial Agency to providefinancingfor the subject project;
and, be it further
RESOLVED, that a copy of this Resolution be transmitted to the Mayor and Board of Trustees for
their records.

Nicholas Robinson, Chairman

F:\M\M-720 Sleepy Hollow\Resolutions\022102 KOH fee.wpd

Date

�01/17/2002 12:48

FAX 91463114-1UJU2

MEETING DATE:

RESOLUTION #: 09/86/01

09/18/01

Village of Sleepy Hollow Resolution
Approving Development Fee Agreement
Kendal on Hudson
WHEREAS, an application" for a Special Permit in regard to the construction of a
continuing care retirement community ("CCRC") on the grounds of the Phelps Memorial
Hospital

has been made by Kendal on Hudson, a New York not-for-profit, corporation

('"Kendal") and Phelps Community Corporation, a New York npt-for-pro&amp;t corporation
("Phelps*1) O'ointly the "Applicant"), to the Mayor and Board of Trustees (the-'Board") of the
Village of Sleepy Hollow; and .

_

.

WHEREAS, the CCRC is proposed to be located on a leased parcel of land on the
A

grounds of Phelps located in the Village ofSleepy Hollpw.(tiie "Site"); and
WHEREAS, Kenda] has requested relief from up front payment of the full amount of the
various Professional Review and Consulting Fees prior to dbfairiing'contemplated' financing and
• has also requested the Village, for good cause shown, to exercise its discretion pursuant to
section 19B-8 of the Village Code (Local Law No.

-2001) ?-snot requiring other fees

relating to the planning, review and construction of the CCRC to be paid at the times required
pursuant to the Village Code; and
WHEREAS, Kendal has requested that all remaining required fees, other than the
Professional Review and Consulting Fee, be paid at the Bond Closing and funding of same; and
WHEREAS, Kendal as a duly qualified not-for-profit corporation exempt from real
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property taxes, has agreed to make certain 'payments in lieu of taxes' ("PILOT") to the taxing
jurisdictions; and

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WHEREAS, Kendal and the Village desire flexibility regarding the timing of payments
and certainty regarding the amounts of the fees required to be paid by Kendal to the Village
under the Village Code for the development of the CCJR.C (collectively, the 'Tees"); and
WHEREAS, the timing of the payment will benefit (he Village's cashflow,and
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the Board of Trustees
hereby approve the Development Fee Agreement attached hereto'* and made a part of this
Resolution, and
BE IT FURTHER RESOLVEI), that the Mayor is authorized to execute, on behalf of the
Village, a Development Fee Agreement in a form substantially similar to that which is attached
hereto, provided that the amount of the payment set forth therein shall not be reduced.

Moved:Trustee Rodriguez
.

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9600.O1/155588 VI 9/18/01

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�DEVELOPMENT FEE AGREEMENT
KENDAL ON HUDSON

THIS AGREEMENT ("Agreement") made as of me IStbday of SeptcmbeigOOl, by
and between KENDAL ON HUDSON, a not-for-profit corporation duly organized and existing
under the laws of the State of New York, having an office at c/o The Kendal Corporation, P.O.
Box 100, Kennelt Square, Pennsylvania 19348 ("Kendal"), and the VILLAGE OF SLEEPY
HOLLOW, NEW YORK (the "Village"), a municipal corporation duly organized and existing
under the laws of the State of New York, having its principal office at 23 Beekman Avenue,
Sleepy Hollow, New York 10591.
WHEREAS, Kendal has submitted a petition to the Board of Trustees of the Village for
amendments to the Village Zoning Ordinance (the 'Tetirion") to permit the development of a
continuing care retirement community (the "CCRC") on the property of Phelps Community
Corporation ("Phelps Memorial Hospital Center"), and has submitted an application to the
Planning Board of the Village for site plan approval of the CCRC (the "Application"); and
WHEREAS, the CCRC is proposed to be a '^project" (as that term is defined in New
York General Municipal Law Article 18-A) of the County of Westchester Industrial
Development Agency (the "Agency"); and
WHEREAS, Kendal has requested rehef from payment of the full amount of the
Professional Review and Consulting Fee (as defined in section 1 (a) below) prior to the Bond
Closing (as defined in section 1 (b) below) and has also requested the ViUge, for good cause
shown, to exercise its discretion pursuant to section 193-8 of the Village Code (Local Law No.

9600/01/156716 V'l 9/18/01

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0 1 / 1 7 / 2 0 0 2 12:18

FAX 914631144(13(12

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-2001) in not requiring other fees relating to the planning, review'and construction of the
CCRC to be paid at the times normally required pursuant to the Village Code; and.

WHEREAS, Kendal has requested that all fees, other than the Professional Review and
Consulting Fee, be paid at the Bond Closing, after all municipal approvals have been obtained;
WHEREAS, Kendal and the Village desire flexibility regarding the timing of payments
and certainty regarding the amounts of the fees required to be paid by Kendal to the Village
under the Village Code for the development of the CCRC (collectively, the "Fees").

NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
herein contained, the parties agree as follows:

Section 1. Professional Review and Consulting Fee.
(a) Kendal shall pay to the Village all Professional Review and Consulting Fees incurred
in connection with the CCRC. For the purposes of this Agreement, the term "Professional
Review and Consulting Fee(s)" shall mean, without limitation: (a) professional and consulting
fees under section 19B-4 of the Village Code; (b) escrow account fees for professional
consultation under section 19B-6 of the Village Code; and (c) environmental quality review fees
under section 19B-7 of the Village Code and/or under the State Environmental Quality Review
Act and the regulations promulgated thereunder.

(b) Payment of any Professional Review and Consulting Fee arising prior to the closing
on the sale of the bonds by the Agency to provide financing for the CCRC (ihe "Bond Closing")
shall be made as they are incurred, up to the sum of 5100,000.00 (540,000.00 of which has
already been paid). Any Professional Review and Consulting Fee in excess of $100,000.00 shall
9600/01/156716 VI 9/18/01

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be paid by Kendal at the Bond Closing. Any Professional Review and Consulting Fee incurred
for modification review or for any other reason, after the Bond Closing shall be paid by Kendal
pursuant to the Escrow Agreement

In the event that Kendal does not proceed with the

development of the CCRC for any reason, Kendal shall nevertheless be responsible for payment
of all Professional Review and Consulting Fees which shall be paid within ten (10) days of
written noticefromthe Village. If Kendal fails to make any payment due hersunder, after receipt
of a written statement of charges, said payment shall be subject to a penalty equal to ten (10%)
per annum of the delinquent amount.
(c) Until such time as Professional Review and Consulting Fees totaling an aggregate of
SI00,000.00 have been paid, Kendal agrees to maintain a minimum of $1,000.00 at all times in
the escrow account with the Village established for the payment of such Fees pursuant to
agreement with the Village dated as of June 10, 1999 (the "Escrow Agreement") and submitted
as part of its Application.
Section 2. Development Fee.
Kendal shall pay to the Village a Development Fee in the total aggregate amount of
$1,074,800.00. For the purposes of this Agreement, the term "Development Fee" shall mean any
and all fees and costs payable to the Village under the Village Code with respect to the Petition,
the Application and the development by Kendal of the CCRC up to the receipt of a final
Certificate of Occupancy not otherwise specified in sections 1 and 3 of this Agreement,
including, without limitation (a) Architectural Review Board fees under Chapter 6 of the Village
Code; (b) building permit fees under section 19B-2 and Chapter 62 of the Village Code; (c) site
plan application and review fees under section 19B-3 and Chapter 62 of th3 Village Code; (d)

9600/01/156716 Vi 9/18/01

-3-

�electrical pennit fees under section 18-13 of the Village Code; (e) subdivision application and
review fees, if any, (f) certificate of occupancy fees under Chapter 62 of the Village Code (g)
plumbing and sprinkler pennit fees, if any; and (h) sewer and water connection fees under
Chapter 45 of the Village Code.
Section 3. Recreation Fee.
Kendal shall pay to the Village a Recreation Fee in the total amount of $662,500.00. For
the purposes of this Agreement, the term "Recreation Fee" shall mean, without limitation; (a)
recreation fund fees under section 19B-5 of the Village Code; (b) fees in Leu of reservation of
park land and open space under Chapter 62 of the Village Code; and (c) fees in lieu of park land
under New York Village Law sections 7-725 and 7-730.
Section 4. Payment
Kendal shall pay the Development Fee and the Recreation Fee in the total sum of
51,737,300.00, to the Village on the date of the Bond Closing and funding of same but in no
event later than 5 days after the Closing. In the event that Kendal shall default in payment
hereunder, the outstanding balance shall be subject to a penalty equal to ten (10%) percent per
annum of the delinquent amount.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their
respective names and on their behalf by their duly authorized officers, all as of the day and year
first written above.
VILLAGE OF SLEEPY HOLLOW
By:
Philip E. Zegarelli, Mayor
9600/01/156716 V] 9/18/0!

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KEKDAL cm HUDSON

By:

9600/01^56716 Vi 9/18/01

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              <text>MINS_PLAN_2002-03-21</text>
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              <text>Planning Board Minutes &amp; Resolutions-2002</text>
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