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                  <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING
September 21,2000
The meeting was called to order by Nicholas Robinson, Chair at 8:02 p.m.
Present:

Absent:

Nicholas Robinson, Chair
David Perlmutter
George Tanner
Ed Napoleon
Nicholas Cicchetti
Dorota Szwem-Kopczynski

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Also Present: Anthony DelVecchio (Stenographer)
Dave Smith (Village Planner)
Ed Lammers (Village Attorney)
Don Pennella (Village Engineer)
Jim Margotta (Building Inspector)
Jerome Fine (Village Engineer)
Joel Sachs (Special Counsel)
Announcements:
o
None.
Agenda:
The Chair presented the revised agenda. It will consist of the following:
a)
b)
c)
d)
e)
f)
g)
h)
i)

SOVTIIA

Kendal
6-8 Cedar Street
Freemont dredging
183 Valley Street
Consideration on whether to proceed with the County House Road public hearing
County House Road public hearing
Sleepy Hollow Taxpayers Association
Omnipoint
Minutes from July 2000 meeting

George Tanner made a motion to adopt the revised agenda. Ed Napoleon seconded. It
was unanimous.
The Chair stated that a stenographer would be recording the meeting along with the
regular minutes.

/OX&gt;

�a) Kendal-on-HudsonThe Planning Board wants to sit down with Kendal-on-Hudson while they are preparing
their FEIS. The Planning Board will invite the Architectural Review Board to the
Planning Boards next work session for informational purposes.
Dave Smith will contact Kendal-on Hudson and invite them to the meeting.
The Planning Board will discuss the Village Code on Historical Landmarks and Districts
with ARB at the same meeting.
b) 6-8 Cedar Street Chris Forget interrupted this application for the purpose of serving a Show Cause Notice
on Nicholas Robinson as Chairman of the Planning Board.
The Chair acknowledged the item and read it aloud for the record.
The application for 6-8 Cedar Street was resumed.
Robert Barstow reviewed the drawings. He described how the drawings had been revised
to reflect 4 total units with new lot sizes, coverage, etc.
The Chair stated that the Planning Board had received a copy of the petition to the
Department of State for the variance on the Fire and Building Code.
Dave Smith reviewed the Department of State letter. He compared the previous drawings
with the revised drawings in terms of lot size, parking requirements, etc.
The Chair asked if a formal application had been received
Robert Barstow responded yes.
David Perlmutter made a motion for the Planning Board's intent to become the lead
agency. Ed Napoleon seconded. It was unanimous.
The Chair asked if the Board had any questions.
The Chair asked what variances were needed.
Robert Barstow responded that variances would be needed for lot size, front yard, loading
dock and minimum lot width.
The Chair stated that the Planning Board will proceed with the SEQRA but in the
meantime the applicant should go before the Zoning Board of Appeals.
The Chair asked if the Board had any other comments.
There were none.

Planning Board Meeting, September 21,2000

2

�c) Freemont Pond dredging Jerome Fine is representing this application.
Jerome Fine stated that physical samples were taken from the lake. He also detailed how
the lake would be dredged using a new method of dredging.
The Chair read a Declaration aloud indicating the Planning Board becoming lead agency.
The Chair also stated that the application should to be re-submitted based on the new
dredging technique.
George Tanner made a motion to adopt the declaration. David Perlmutter seconded. It
was unanimous.
d) 183 Valley Street Jon Turnquist is the project architect for this application. He stated that this property is
currently a non-conforming 2-family wood frame dwelling. He also stated that there
would be no increase in dwelling. The proposed change is to construct a 2 family
dwelling with parking.
Jon Turnquist stated that the applicant wants to provide 8 required spaces needed for 185
Valley Street on the 183 Valley Street property. Jon Turnquist gave an overview of the
proposed changes. He also discussed some of the potential problems with parking on the
2nd level.
The Chair asked if Dave Smith had any questions.
Dave Smith referred to two previous letters from the DEC application. The letters refer
to the number of variances, parking concerns, garage safety and the Fire Department's
ability to access the property.
The Chair referred this to the Waterfront Advisory Committee for their findings.
Nicholas Cicchetti made a motion to declare the Planning Board as lead agency. David
Perlmutter seconded. It was unanimous.
e) Consideration on whether to proceed with the County House Road public hearing The Chair summarized several letters from Sleepy Hollow and Tarrytown's counsel on
the County House Road application and the SEQRA findings.
The Chair stated that based on Village Law, a public hearing is not required for a final
plat approval unless the final plat submitted is not in substantial agreement with the
approved preliminary plat approval (7-728- 6 (b)). The Village Code does however
require a public hearing.

Planning Board Meeting, September 21, 2000

3

�The Chair read a letter (for the record) from Sleepy Hollow's Special Counsel (Joel
Sachs) concerning this public hearing.
The Chair stated that for the record, the Planning Board respects the Supreme Court of
the State of New York.
The Chair asked if the Planning Board had any questions.
Nicholas Cicchetti asked if the court order stated not to have the public hearing.
The Chair summarized the applicable section from the Show Cause Notice.
The Chair referred to Joel Sachs.
Joel Sachs reviewed legal matters between Sleepy Hollow and Tarrytown in the last 24
hours.
At 9:15 p.m., George Tanner made a motion to go into executive session to discuss
matters of litigation. Ed Napoleon seconded. It was unanimous.
At 9:25 p.m., the Planning Board re-convened.
The Chair stated that the Planning Board would not interfere with the court order. This
meeting could be re-noticed for the Planning Board's next meeting based on the court's
decision.
The Chair asked if the Board had any comments.
David Perlmutter made a motion not to have the public hearing. Ed Napoleon seconded.
It was unanimous.
f) Sleepy Hollow Taxpayers Association The Chair stated that a letter was received from the Sleepy Hollow Taxpayers
Association that stated the Freemont House is not properly protected.
The Chair stated that the Sleepy Hollow Taxpayers Association would be invited to the
next work session to discuss.
Nicholas Cicchetti stated that the Sleepy Hollow Taxpayers Association is interested in
re-zoning the property.
The Chair stated that part of the parcel is wetlands and not build-able. The Chair will
have Dave Smith advise the Planning Board on the application.
Jim Margotta stated that the property is not eligible for National Historical designation.
Planning Board Meeting, September 21, 2000

�g) Omnipoint The Chair stated that the Draft EIS still needs to be submitted.
h) Minutes On page 4 it reads "The Chair stated that the public hearing would be set for September
21, 2000. Mailings need to be out by September 1, 2000."
It should read " The Chair asked for a motion to set the public hearing for September 21,
2000. The motion being duly moved and seconded, the motion was unanimous. Mailings
need to be out by September 1,2000."
On page two: The last three sentences should be deleted.
On page three: The first and third sections should be deleted.
On page 5, it reads: "The Chair stated the either the Planning Board of the State would be
the lead agency but a formal application is still needed."
It should read: "The Chair stated the either the Planning Board or the State would be the
lead agency but a formal application is still needed."
David Perlmutter made a motion to approve the minutes as revised. Ed Napoleon
seconded. It was unanimous.
Other items:
The October 2, 2000 work session was cancelled.
Ed Lammers stated that Metrocom Communications would like to be put on the agenda
for next month to discuss installing wireless internet devices and antennas within the
Village.
The Chair agreed to place Metrocom Communications on the October 2000 agenda.
Adjourned at 10:03 p.m.

Respectfully Submitted,

Anthony DelVecchio
Planning Board Meeting, September 21, 2000

5

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