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                  <text>VILLAGE OF SLEEPY HOLLOW
PLANNING BOARD MEETING
March 16, 2000
The meeting was called to order by Nicholas Robinson, Chair at 8:07 p.m.
Present:

Nicholas Robinson
Nicholas Cicchetti
George Tanner
Edward Napoleon

Absent

David Perlmutter
Edward McCarthy

Also Present: Shailesh Naik (Village Engineer)
James Margotta (Building Inspector)
Ed Lammers (Village Attorney)
David Smith (Village Planner)
Anthony DelVecchio (Stenographer)
Announcements: The agenda for tonight's meeting will include the following items:
a)
b)
c)
d)
e)

Village Historian &amp; Rules of Procedure for the Planning Board
Omnipoint
Philipsburg Manor.
County House Road
Antonio Rodriguez

Nicholas Cicchetti made a motion to approve agenda. George Tanner seconded.
It was unanimous.
a) Village Historian The Chair stated that the Sleepy Hollow Taxpayers Association would like the Planning
Board to move faster in the ARB provision with respect to the Historic Preservation
Ordinance. The Chair stated that this would be reviewed at the Planning Board's next
work session. It would be referred to the Village Board after the Planning Board's next
meeting (April).
The Chair also stated that the draft rules of procedure would also be worked on at the
next Planning Board work session and referred to the Village Board after the Planning
Board's next meeting (April).
Tom Julius (applicant for County House Road) asked if the ordinance was already in
place.
The Chair stated that it was already enacted but is in a format that cannot be certified by
the New York State Certified Local Historic Preservation Ordinance Program. This

�$

version will be simplified. This version will give the ARB jurisdiction over new buildings
and landmarks. A specialized Board will concentrate on heritage sites and on district
design process.
b) OmnipointA draft positive declaration has been circulated previously. A notice to intend to prepare
the environmental impact statement was discussed at the last work session. This is a
concern to the Planning Boards since this is the third use of the site and the height has
been increased. The Board wants to assess the cumulative impact of the use of the site.
The Board felt that these items warranted a positive declaration.
George Tanner inquired if the applicant had come up with anything further to mitigate the
findings of the positive declaration.
Dave Smith stated that he was in touch with the applicant and they had not come up with
any alternatives to these issues yet.
Nick Ward Willis (Omnipoint Attorney) stated that his client (Omnipoint) has not seen
the draft positive declaration.
A copy was provided to Mr. Willis.

•

The Chair stated that the reason the resolution was issued was because the original
applicant stated that when the first tower was approved there would be no further use of
that site. Omnipoint is the third user.
Mr. Willis stated that the application packet includes a study of other sites that were not
available for Omnipoint's use.
The Chair read a draft resolution to declare itself lead agency. Ed Napoleon made a
motion to adopt. George Tanner seconded.
The Chair stated that the Board has requested that Phelps Memorial submit (for each of
the prior two applications) medical evidence that there is no adverse effect on the hospital
or patients. Each time, the hospital has issued a letter stating that they do not object to
the development. The hospital did not have to look at a cumulative impact on three sites.

i' 1

Mr. Willis stated that the application packet includes a RF study on existing and proposed
use. They are within the FCC guidelines.
The Chair stated that the Board would study this.

m
||

George Tanner inquired if the necessary recreation fees have been paid to the Village.
Jim Margotta stated yes.

Planning Board Meeting, March 16, 2000

�George Tanner inquired if the applicant would be required to establish an escrow
account.
Jim Margotta stated that the account would be required in the amount of $2500.
The Chair asked if there were any other questions. There were none.
George Tanner made a motion to adopt the resolution of the positive declaration. Ed
Napoleon seconded. It was unanimous.
c) Philipsburg Manor The Chair stated that the Waterfront Advisory Committee has been fully established. This
follows Chapter 59A of the Village Code (waterfront consistency review process). The Chair
stated that this committee would meet on the first Wednesday of every month. The Chair
also stated that the Board should get the advice of the Waterfront Advisory Committee before
it completes its analysis on the dredging.
The Chair asked the Village Planner (Dave Smith) to forward a copy of the proposed action
and a complete set of the files on the dredging to the Waterfront Advisory Committee.
Nicholas Cicchetti inquired about the interaction of the Waterfront Advisory Committee and
the Planning Board.
The Chair stated that the Board needs to invite the Waterfront Advisory Committee in to
discuss the interaction between the two groups.
The Chair then read Section 59a-5 of the Village Code aloud. The section stated that when a
proposed action is located in a Village of coastal area, an agency shall make a decision that is
consistent with the LWRP. In paragraph-c it states that an agency shall refer a complete
coastal form to the advisory committee within 10 days of its submission. The agency, prior
to its determination, shall then consider the recommendation with consistency of the
proposed action. The Chair stated that the Board is not bound by the committee's
recommendation but they have to listen to it.
The Chair stated that the applicant would be at the Waterfront Advisory Committees meeting
to walk them through their proposed plan.
The Chair stated that in the future, the Board will refer a complete coastal form to the
advisory committee within 10 days of its submission so that this back and forth referral
process would be eliminated.
Nicholas Cicchetti stated that consistency is the most critical item in this process.
The Chair made a motion to refer this matter to the Waterfront Advisory Committee. It was
unanimous.

Planning Board Meeting, March 16, 2000

�d) County House Road The Chair stated that since this property was in the Waterfront district, it would be referred to
the Waterfront Advisory Committee.
George Tanner made a motion to refer the draft findings, the EAF, and associated documents
to the Waterfront Advisory Committee. Nicholas Cicchetti seconded.
The Chair inquired if the applicant had anything that they wanted to discuss.
They stated that they had nothing to add.
Dave Smith (Village Planner) was appointed to interact with the Waterfront Advisory
Committee since he is familiar with both items on their agenda. Nicholas Cicchetti also
volunteered to attend the Waterfront Advisory Committee meeting.
The Chair asked if Mr. Kelly (Wilson Park Drive) had any questions. (Mr. Kelly attended
the public hearing that was held at last month's Planning Board meeting.) Mr. Kelly stated
that there was a letter sent to Sleepy Hollow from a Tarrytown consultant. He asked what
effect resulted from this letter. The Chair stated that the letter from the Tarrytown
consultants had a large impact on the Planning Board's development of the EAF. The Chair
also stated that this document is available to the public.
Mr. Kelly also asked about the impact of traffic on the reservoir.
The Chair responded that the Board has been looking at how to avoid and mitigate the
adverse effects from a development that might happen in Tarrytown.
The Chair stated that the Board had received a letter from the Tarrytown special counsel.
The applicant requested an opportunity to respond to the letter from Tarrytown since they
just received the letter.
The Board voted unanimously to refer this matter to the Waterfront Advisory Committee.
e) Antonio Rodriguez The Chair stated that the fees have been paid to the Village.
Jim Margotta confirmed this.
Jim Margotta also stated that there was a letter from the contractor that indicated that they
would make the required repairs. Jim Margotta stated that he told the contractor to install a
granite curb.
f) Minutes from last meeting Page 1 read " At the next meeting, the Board will approve the site plan and adopt a
conditional negative declaration."

Planning Board Meeting, March 16, 2000

�It should read " At the next meeting, the Board will approve the site plan and adopt a
negative declaration."
Page 2 read "Jason Seaburt".
It should read "Jusdon Seaburt".
Page 6 read " The public hearing was closed."
It should read "There be no more comments, the Chair closed the public hearing.
Ed Napoleon made a motion to approve the minutes with these changes. George Tanner
seconded.
g) Recreation fees There was an open discussion on fees to be recommended to the Village Board of
Trustees.
The Board agreed to apply a square foot rate.
Ed Lammers will prepare a list for the work session.
Other Topics:
The Chair stated that the Board must be consistent with the County House Road findings
and the State laws.
The Chair also stated that there was a letter from Jerome Fine that stated there is
sufficient water to serve County House Road. This letter was distributed to all Board
members at this time. It will be included in the EAF.
The Chair stated the fees associated with the Cooney application were waived as per the
mayor. The Village Planner and other Village consultants would be paid.
The Chair stated that there was a meeting between the mayor and Planning Board
Chairmen of Sleepy Hollow and Tarrytown to discuss the County House Road property.
There was an open discussion on the open vacancy in the Planning Board.
Nicholas Cicchetti stated that he would attend the Waterfront Advisory Committee
meeting on April 5, 2000.
The Planning Boards' next meeting will be on May 1, 2000 due to Passover. George
Tanner made a motion to revise the Omnipoint scoping meeting date from April 20, 2000
to May 1, 2000. Ed Napoleon seconded. It was unanimous.

Planning Board Meeting, March 16, 2000

�George Tanner made a motion to adjourn the meeting. Ed Napoleon seconded. It was
unanimousiy approved.
Adjourn to next meeting.

•

Planning Board Meeting, March 16,2000

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