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

rv-^*/ M / ^ ^ A ) / DA
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3r~{ *

The meeting was called to order by Nicholas Robinson, Chairman at 8:00 p.m. The Chair
noted that a quorum was present.
Present:

Nicholas Robinson, Chairman
David Perlmutter
Ed Napoleon
George Tanner

Absent:

Ed McCarthy
Nicholas Cicchetti
Dorota Szwem-Kopczynski

Also Present:

Dave Smith (Saccardi &amp; Schiff/Village Planner)
Dan Pennella (Charles A. Manganaro/Village Engineer)
Anthony DelVecchio (Recording Secretary)
Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Bob Stiloski (Department of Fire and Life Safety)
Jerome Fine (J. Robert Folchetti/ Village Engineer)
Don Ruggerio (Charles A. Manganaro/Village Engineer)

Announcements:
The Chair stated that the minutes from the last few meetings should be added to the
agenda.
George Tanner made a motion to adopt the revised agenda. David Perlmutter seconded.
It was unanimous (4-0).
Agenda:
a)
b)
c)
d)
e)

0
g)
h)
i)

Michael Doorley
Omnipoint
Kendal-On-Hudson
Verizon
Karl Dibble
Antonio Rodriguez
Dolphin Fitness
Minutes
Other Business

JAN * ^ ^ I I Z
VILL.MV4(1 CLERK

�a) Michael Doorlev As per Bob Stiloski, this was adjourned to next meeting.

b) Omnipoint This is a continuation of the DEIS completeness review.
Dave Smith stated that he received an alternative proposal for camouflaging the
monopole as previously requested.
The Chair asked Dave Smith if the DEIS is completed.
Dave smith responded yes.
David Perlmutter made a motion to adopt the DEIS and circulate it to all interested
agencies. Ed Napoleon seconded. It was unanimous (4-0).
Dave Smith stated that the comment period for the public hearing must be held for
30 days or for 10 days after the public hearing.
It was agreed that the public comment period would be held on 02/21/02 and the
comment period would extend for 10 days after the public hearing.

c) Kendal on Hudson The Chair stated that he received a letter from Scenic Hudson (attached).
The Chair re-opened the public hearing.
Miguel Jimenez of 135 Cortlandt Street spoke. He stated that the Village would be
bearing a large burden if this project were approved. He stated that he opposes the
project.
Since there were no further public comments, the Chair addressed questions from the
Board.
The Chair stated that the Board has the following concerns:
1) Storm water management
2) Tree Ordinance
3) Access points to Rockefeller State Park
4) Blasting Protocol
Planning Board Meeting, January 17, 2002

�5)
6)
7)
8)

Source separation &amp; recycling
Sewage pumping facility
Safe access to Rockwood Hall
Parking deck lighting

1) Storm water management The Chair stated that the Board was concerned about the retention basins being
able to hold and control storm water.
Andy Tung summarized the storm water retention design. He stated that there is
no other structure between Kendal and the Hudson River.
The Chair asked about Metro North railroad. He reminded the applicant about
the effects of Tropical Storm Floyd and its impact on the Metro North railroad.
He stated that the applicant has not adequately addressed this issue.
Andy Tung responded that there is an existing 20x20 culvert that will be able to
handle the storm water runoff unless it becomes blocked-up.
George Tanner asked if the applicant could come up with alternatives to anticipate
potential problems.
Andy Tung stated that he met with Metro North railroad. They stated that there is
no maintenance performed on the culvert unless there is a problem. He stated that
the water quality basins in Kendal would be maintained.
The Chair asked if calculations have been done based on Tropical Storm Floyd.
Andy Tung responded no. He stated that no area in Westchester County designs
beyond the 100-year storm.
The Chair responded that the applicant should design for Tropical Storm Floyd or
design a hold back system.
Don Ruggerio stated that there is no mention of storm water flow during
construction. He also stated that there is no discussion to remove the dissolved
contaminants from the water quality basins.
Andy Tung discussed the storm septers that would remove sediments and
solvents. He explained the process and submitted information to the Board. He
stated that the drawings have been revised to reflect this new information.
The Chair recognized the public.
Jim Nazemetz (ARB Chairman) stated that the water level of the Hudson River at
the time of Tropical Storm Floyd also played a role in the flood problems for
Metro North.
Planning Board Meeting, January 17,2002
3

�2) Tree Ordinance The Chair asked about the applicant's intent to comply with the Tree Ordinance.
He asked the applicant to provide information on the amount of trees to be cut and
about the amount of trees to be replaced.
Andy Tung responded that they are in the process of applying to the Tree
Commission.

3) Access points to Rockefeller State Park The Chair stated that two access points for Rockefeller State Park. He stated that
the trail should be designed to end at Birch Close for possible future use.
Andy Tung responded previous proposals for making such a connection.
George Tanner asked what type of material would be used for the carriage path.
Andy Tung responded that it would be a cinder-type material.
George Tanner asked if it would be wheelchair accessible.
Andy Tung responded that only the Kendal property would be wheelchair
accessible.
Dave Smith stated that the Hudson River overlook was a feature added by the
Village Board of Trustees.

4) Blasting Protocol The Chair asked about the blasting protocol.
Andy Tung responded that the blasting protocol would be specified in the erosion
control drawings.

5) Recycling The Chair asked if there is a proposal to recycle and where would it take place.
Andy Tung responded that recycling would take place in the loading dock area.

6) Sewage pumping facility The Chair asked if the sewage pumping facility should be reviewed now or during
Planning Board Meeting, January 17, 2002
4

�construction.
Jerome Fine responded that the package should be as complete as possible.
It was determined that the pumping facility would be reviewed now.

7) Safe Access to Rockwood Hall The Chair stated that there should be some kind of condition to allow the public
safe access to Rockwood Hall. He stated that this should also include parking.
Andy Tung discussed the temporary parking lot and its access. He stated that the
proposal has been discussed with the Parks Department.
The Chair stated that on weekends, more than 20-30 cars are parked there. He
asked what signage would be used.
Andy Tung responded that he would address.

8) Parking Deck lighting Andy Tung discussed the parking deck and the recessed lighting. He explained
the lighting design for the 2-level parking deck. He also detailed the lighting
fixture to be used.
George Tanner discussed belt-level illumination.
Andy Tung responded that he would investigate.
The Chair spoke about the development fee proposal.
The Chair referred to a letter from Scenic Hudson (see attached).
Andy Tung has no response to the letter.
The Chair asked if the Board had any more questions.
Since there were none, Ed Napoleon made a motion to keep the public hearing open and
adjourn to the February 21, 2002 meeting. David Perlmutter seconded. It was
unanimous (4-0).

d) Verizon Wireless/SMSA Vincent Servino is the attorney representing this application.
Ed Lammers stated that the ARB should provide input and the applicant should return to
Planning Board Meeting, January 17, 2002
5

�the Planning Board and then back to the ARB for final approval.
Ed Napoleon made a motion to set the public hearing for the February 2002 meeting.
David Perlmutter seconded. It was unanimous (4-0).
Dave Smith stated that each member of the Van Tassel building should be notified not
just the building owner.
The Chair agreed that the applicant should provide a copy of the notice to the residents.
Vincent Servino agreed to the request and stated that they would provide copies of the
notice to all tenants via regular mail.
Ed Lammers stated that the applicant should submit an affidavit of mailings as well.
Vincent Servino agreed.

e) Karl Dibble Karl Dibble is representing this application with his engineer Tim Cronin.
Tim Cronin stated that the surveyor (Charles Riley) is in the process o f adding additional
contour lines to the survey.
The Chair stated that none of the work has been approved and the neighbors have
drainage concerns.
George Tanner asked when Tim Cronin was retained.
Tim Cronin responded mid-December.
George Tanner asked when the surveyor was retained.
Tim Cronin responded a few years. He stated that the surveyor has been working with
Karl Dibble for years.
Tim Cronin stated that the walls are structurally sound.
The Chair asked the Village Engineer for his comments.
Dan Pennella stated that there are no structural calculations to justify the wall.
Tim Cronin asked the Board for some guidance concerning how he should proceed. He
stated that the Village Engineer has requested 1/10" scale drawings with contours
including surrounding properties.
The Chair stated that the applicant should be prepared how he intends to stabilize the area
and address the concerns of his neighbors. He suggested that Tim Cronin try to meet
with the Village Engineer to resolve some of the design concerns.
Planning Board Meeting, January 17,2002
6

�Dan Pennella stated that if the wall is structurally sound, the height of the wall is up to
the Village.
Ed Lammers stated that the wall height is a zoning issue and should require a variance.
The Chair stated that the area should be stabilized and the applicant should eliminate
water infiltration to the adjacent properties. He also stated that the applicant should
submit a proper site plan by next meeting or this matter will be referred to the State
Supreme Court in White Plains. NY.
This was adjourned to the February 21, 2002 meeting.

0 Antonio RodriguezThe Chair asked if the recreation fee was calculated.
Bob Stiloski responded no.
Dave Smith stated that he spoke to Joe DeFeo concerning the conversation with the
applicant and the review of the street parking associated with this application. It was
agreed that all costs would be borne by the applicant.

g) Dolphin Fitness There was an open discussion on the status of Dolphin Fitness.
No action was taken.

h) Minutes The minutes for July 2001 were reviewed. David Perlmutter made a motion to approve the
minutes as submitted. George Tanner seconded. It was unanimous. (4-0).
The minutes for October 2001 were reviewed. David Perlmutter made a motion to approve
the minutes as submitted. George Tanner seconded. It was unanimous. (4-0).
The minutes for November 2001 were reviewed. David Perlmutter made a motion to
approve the minutes as submitted but remove the attachments. George Tanner seconded. It
was unanimous. (4-0).
The minutes for the December work session 2001 were reviewed. David Perlmutter made a
Planning Board Meeting, January 17,2002
7

�motion to approve the minutes as submitted. George Tanner seconded. It was unanimous.
(4-0).

i) Other Business The Chair stated that he received a letter from George Raymond. He stated that the Board
should invite him to the next meeting to talk to the Board concerning maintaining
stabilization among all economic levels of the Village.
There was an open discussion on revising the Village Code and a moratorium.
The Board agreed that the Village Board of Trustees should be contacted.
It was also agreed that there would be no work sessions until May 2002.

George Tanner made a motion to adjourn. David Perlmutter seconded. It was unanimous
(4-0).

Adjourned at 9:43 p.m.
Respectfully Submitted,

Anthony Del Vecchio

Planning Board Meeting, January 17,2002

8

�SCENIC

HUDSON

OFFICERS AND DIRECTORS
CHAIR EMERITUS

Mrs. Willis LM. Reese
CHAIR

Marjorie L. Hart
VICE CHAIRS

David H. Mortimer
Frederick Osbom III
Wheelock Whitney III

January 17, 2002

TREASURER

Anne E. Impellizzeri
SECRETARY

Nicholas Robinson, Chair
Village of Sleepy Hollow Planning Board
28 Beekman Avenue
Sleepy Hollow, New York 10561
Re: Site Plan Review for Kendal-on-Hudson Continuing Care Retirement
Community
Dear Professor Robinson:
We are writing regarding the Kendal on Hudson Continuing Care Retirement
Community project now undergoing Site Plan Review by the Planning Board.
As you are aware, Scenic Hudson staff reviewed the proposal and
commented extensively during the SEQRA process and Special Use Permit
review concerning the siting, heights and visual impacts of this project. In
particular we raised concerns that at the proposed location, the project would
result in significant visual impacts on the Rockwood Hall State Park, the
James House and the Hudson River Scenic District. We recommended an
alternative upland location and site plan that we believe could enable the
project to be developed while eliminating these impacts, however, that
alternative was not pursued.
While the applicant has endeavored to address some of these impacts and
proposed mitigation measures at the western site — such as reduced building
heights, scale and massing of the facility - we remain concerned that the
impacts on visual resources on Rockwood Hall State Park, the James House
and views to and from theriverhave not been sufficiently mitigated. We
recommend that the Planning Board ask the applicant to consider additional
mitigation measures in this regard and that the Waterfront Advisory
Committee reviews the mitigation measures for consistency with LWRP
Coastal Policies 24 and 25.

Rudolph S. Rauch III
Phyllis Y.Atwater
DavidJ.Brumfield
David C. Clapp
Christopher C- Davis
William M. Evarts, Jr.
Robert P. Freeman
Anna Carlson Gannett
Patrick J. Garvey
Gary A. Glynn
Morrison H . Heckscher
Christine Lehner Hewitt
Frank Martucci
Anthony J. Moriello
Leo C. O'Neill
ElizabcdiB. pugh
Frederic C. Rjdi
John C. Wallner
John H. Winkler
John P. Wort
Alexander E. Zagoreos
HONORARY DIRECTORS

Robert H. Boyle
Anne P. Cabot
Nash Castro
William H. Ewen
Benjamin Harrison Frankel
George W. Gowen
Barnabas McHenry
Mrs. Frederick H. Osborn, Jr.
Laurance Rockefeller
David Sive
Mrs. Thomas M. Waller
PRESIDENT

E. O. Sullivan
SCENIC H U D S O N , INC.

9 Vassar Street
Poughkeepsie, NY 11601-3096
Phone 845.473.4440
Fax 845.473.2648
email: info@5ccnichudson.0rg
www.scenichuC150n.org

�A

Professor Nicholas Robinson
January 17,2002
Page 2

I have attached copies of our August 21 st , 2001 comment letter to the Village
Board, which identified our concerns. We hope that the review process that
is underway will provide an additional opportunity to consider further
mitigation of the visual impacts of the project.
Sincerely,

Deborah Meyer DeWan
Director
Riverfront Communities Program

enclosure

cc:

Richard Weiss, Waterfront Advisory Committee
Mayor Philip Zegarelli
Westchester Planning Board
New York State Department of State, Division of Coastal Management
New York State Office of Parks, Recreation and Historic Preservation
Waddell Stillman, Historic Hudson Valley
Edna Sussman, Federated Conservationists of Westchester County

DMD/ahr

�SCENIC
HUDSON
9 VASSAR STREET • POUGHKEEPSIE. NY 12601 • (845) 473-4440 • FAX (845) 473-2648 EMAIL: info@scenichudson.org • WWW: scenichudson.org '

August 21,2001
The Honorable Philip E Zegarelli and Board of Trustees
Village of Sleepy Hollow
28 Beekman Avenue
Sleepy Hollow, New York 10561
Re:

Special Use Permit for Kendal on Hudson Continuing Care Retirement
Community

Dear Mayor Zegarelli and Village Trustees,
As you know, Scenic Hudson commented throughout the SEQRA process on the Kendal
on Hudson Continuing Care Retirement Community project. During that process, we
expressed concerns about the visual impacts of the project on the Rockwood Hall State
Park, the James House, and the Hudson River scenic district. We have never been
opposed to the project, but throughout the process we strongly advocated for an
alternative site that would significantly reduce or even eliminate these impacts. In that
regard, we recommended an alternative location on an eastern portion of the Phelps
Hospital property that we believe would accommodate the proposed use and eliminate the
need to build west of the James House in proximity to Rockwood Hall State Park
Preserve.
Scenic Hudson was pleased to see revised plans that include lower building heights
(maximum of five stories) and a reduced size of the project (16 fewer units), which has
broken up the massing of the building and improved views of the River from the James
House. However, our concerns remain about the impact of building in this location on
Rockwood Hall State Park, the James House and the views to and from the Hudson
River. We also remain concerned about the consistency of this project with the LWRP
Policy 23, and Coastal Policies 24 and 25. While improvements have been made to the
project at the site west of the James House that reduce heights and scale, Scenic Hudson
continues to believe that an upland site, nestled in the vicinity of Robins Nest, is
preferable to the applicant's preferred location.
Although the Findings have been adopted, we understand thatfinalapproval of the
Kendal project requires additional permits and approvals during which there will be
public input and review, including: a Special Use Permit, subject of tonight's Public
Hearing; Site Plan Review by the Village Planning Board; and review by the
Architectural Review Board. As you consider the Special Use Permit and additional
actions during this process, we request that you undertake a thorough and careful analysis

�of the impacts of the revised plan and look more closely at the impacts of this plan to
Rockwood Hall State Park, James House and the Hudson River Scenic District.
It is Scenic Hudson's view that each step of this process is vitally important for the
project to be carefully reviewed and the public provided with opportunities to comment
This ensures that any project resultingfromthat process will minimize impacts to
significant natural, scenic, and historic public resources.
Respectfully,

Deborah MeyerDeWan^ director
Riverfront Communities Program
cc:

Richard Weiss, Waterfront Advisory Committee
Nicholas Robinson, Village Planning Board
Westchester County Planning Board
New York State Department of State
Office of Parks, Recreation and Historic Preservation
Ned Sullivan, Scenic Hudson
Waddell Stillman, Historic Hudson Valley

�14-12-9 (l/87)-9c

SEQR
617.21

Appendix G
State Environmental Quality Review

Notice of Completion of Draft EIS
and
Notice of SEQR Hearing

Lead Agency: Village of Sleepy Hollow Planning Board

Address:

Project Number

Village Hall, 28 Beekman Avenue
Sleepy Hollow, New York 10591

Date:

January 17.2002

This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State
Environmental Quality Review Act) of the Environmental Conservation Law.

A Draft Environmental Impact Statement has been completed and accepted for the proposed action described
below. Comments on the Draft EIS are requested and will be accepted by the contact person until at least 10 days
after the close of the public hearing. A public hearing on the Draft EIS will be held on February 21.2002
at 8:00 PM at Village Hall 28 Beekman Avenue. Sleepy Hollow. New York.

Name of Action: Special Permit Application for a wireless communications facility on the grounds of the
Phelps Memorial Hospital, Sleepy Hollow, New York.

Description of Action:
Installation of a public utility wireless facility by Omnipoint Communications, Inc. on an existing monopole tower
located on the grounds of the Phelps Memorial Hospital. The proposed action calls for a ±15 foot extension to the
existing pole and related equipment installed at the base of the monopole. The proposed action currently calls for a
variance from the zoning code related to the height of the proposed monopole extension, issuance of a special
permit and site plan approvals and aesthetic review.

Location: (Include street address and the name of the municipality/county.)
Phelps Memorial Hospital Center, 701 North Broadway, Sleepy Hollow, Westchester County, New York

�Notice of Completion of Draft EIS/Notice of Hearing

A.

Page 2

Potential Environmental Impacts:
"the impairment of the environmental characteristics of a Critical Environmental Area as designated pursuant to
subdivision 617.14(g)"
The proposed action is located within the Hudson River and shoreline CEA and adjacent to Rockwood Hall
State Park and is potentially visible to both areas.

B.

" the impairment of the character or quality of important historical, archeological, architectural or aesthetic
resources or of existing community or neighborhood character;"
The proposed action calls for the extension of an existing telecommunications monopole to an elevation of
±122 feet The proposed project is within the Phelps Memorial Hospital Scenic Subunit as described in the
Village's LWRP. The Phelps property is located adjacent to Rockwood Hall State Park and the Hudson
River.

C.

"creation of a hazard to human health"
The addition of another telecommunications facility onto the existing monopole presents issues of cumulative
impact which require further investigation.

A Copy of the Draft EIS may be obtained from:
Contact Person: Robert Stiloski, Department of Fire and Life Safety
Address: Village Hall, 28 Beekman Avenue, Sleepy Hollow, N.Y. 10591
Telephone Number: (914) 366-5101

A Copy of this Notice and the Draft EIS Sent to:
•Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-0001
•Appropriate Regional Office of the Department of Environmental Conservation
•Office of the Chief Executive Officer of the political subdivision in which the action will be principally
located.
•All other involved agencies (if any)
•Persons requesting Draft EIS

�c:\vwpvrin60Moffiw\91721-G.FHM

•

•

Hon. PtUip Zcgarclli, Mayor
Village Hall
28 Beefenan Avenue
Sleepy Hollow, NY 10591

Mr. Nicholas Robinson,
Planning Board Chairman
Village Hall
28 Beekman Avenue
Sleepy Hollow, NY 10591

Ms. RuthL. Pierpont, Director
NYState Office of Parks, Recreation &amp; Historic
Preservation
Taconic Region
Empire State Plaza
Albany, NY 12238

Mr. Janes Nazemetz
Board of Architectural Review
Village Hall
28 Bookman Avenue
Sleepy Hollow, NY 10591

Mr. Richard Weiss
Sleepy Hollow Waterfront
Commission
Village Hall
28 Beekman Avenue
Sleepy Hollow, NY 10591

John Middlebrooks, Manager
Rockefeller State Park Preserve
25 Sleepy HoUow Road
Sleepy Hollow, NY 10591

Brian Murphy,
Village Counsel
14 Norm Broadway
Tarrytown, NY 10591

Westchester County
Planning Board
432 County Office Building
148 Martine Avenue
White Plains, NY 10601

Business Environmental Publications (Notice Only)
FAX-518-371-7419

Angela Everett, Village Clerk
Village Hall
28 Beekman Avenue
Sleepy HoUow, NY 1059F

Erin Crotty, Commissioner
NYSDEC
50 Wolf Road
Albany, NY 12233-0001

MarcMoran
NYSDEC, Region 3
NYS Department of
Environmental Conservation
21 South Putt Comers Road
New Paltz, NY 12561-1696

Keith Safien, President
Phelps Community Corporation
701 North Broadway
Sleepy Hollow, NY 10591

Michael Peters (on behalf of the
Applicant)
Lebouef, Lamb, Greene, &amp;
MacRae
99 Washington Street
Suite 2020
Albany, New York 12210-2820

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