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                  <text>A regular meeting of the Planning Board was held on Thursday, March 19, 1998 at 8:00
PM in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present:

Donald Stever, Chairman
David Perlmutter
Donald Caetano
Edward McCarthy
Nicholas Cicchetti
Betsy Sawyer-Gaylin

Also Present:

Janet Gandolfo, Village Attorney
James Margotta, Building Inspector
Dan Pinella, Village Engineer
Shailesh Maik, Village Engineer
David Setoff, Village Planner

Absent:

Joanne Becker

Approval of Minutes
Nicholas Cicchetti moved, seconded by Edward McCarthy to approve the minutes of the
February 19, 1998 meeting with minor corrections, motion carried.
Miguel Jimenez-135-139 Cortlandt Street-Continuation
Ronald Turnquist, Architect, presented drawings and explained the changes that were
made in accordance with last month's meeting. There will be a small holding room
inside the building for the garbage. There will be fewer drywells and the underground
storm water distribution system will remain the same. The first two parking spaces to the
south of the building would be compact spaces and spaces #3 and #4 will be full size. As
per the Planning Consultant, the small isle was moved to make the fourth space larger.
Planting was moved from the one family house and a sidewalk was created. From the
building to the parking spaces is 19 feet, 6 inches. He stated that he spoke with Fire
Chief Gross and the Chief felt that there was adequate space for the fire trucks and
equipment. He stated that he could not guarantee that driver's would not park full size
cars in compact spaces.
Chairman Stever stated that compact spaces must be enforced for compact cars only.
Don Caetano stated that the Police could come in the parking area and ticket full size cars
in compact spaces.
Chairman Stever stated that the handicap handrail was supposed to be moved from the
curb to the building.
Ron Turnquist stated that the handrail would be attached to the building and will no
longer be free standing. The curb is a normal 6 inch curb.

�Janet Gandolfo, Village Attorney, asked whether the development included space for
recreation.
Mr. Turnquist stated there was no space devoted to recreation and questioned whether the
recreation fees could be waived.
Janet Gandolfo stated that the Planning Board does not have the right to wave recreation
fees. The fee is $1000 per parking space.
Don Caetano asked whether the Engineer's and Planner's fees had been paid, to which
Mr. Jimenez replied that all invoices had been paid.
Janet Gandolfo stated that it was not known if all the invoices have been submitted from
the Planning and Engineering firms. Once they have been submitted, then the escrow
account will be checked for its balance. A building permit will not be issued until the
fees are paid.
Dan Pinella, of Manganaro Associates, discussed main points from the memo that the
Engineering firm presented for the Planning Board. The drainage on site, drywell #2 is
distanced 20 feet from the building, the build up may cause seepage into the basement.
Drywell #2 is four feet deep and should be four feet deeper. He stated that there should
be provisions made to prevent soil erosion during the construction period. He also
questioned if the drawings were sealed.
Ron Turnquist stated that the drawings were sealed, in response to a question.
James Margotta, Building Inspector, stated that the drawings should be revised according
to the requests of the Planning Board and then sent to the Engineers.
Fire Chief Gross stated that he was satisfied that the fire trucks could come onto the
property. The house in the rear must come down before building permits were issued.
Chairman Stever questioned if Miguel Jimenez agreed with this condition.
Miguel Jimenez stated that he agreed with this condition.
Chairman Stever questioned if Miguel Jimenez agreed with the condition of creating a
fire lane in the alley, to address a concern raised by the Fire Department.
Miguel Jimenez stated that he agreed with the condition of turning the alley into a fire
lane.
The Board adopted a finding of no significant impact, on motion of Mr. Perlmutter,
seconded by Mr. Caetano. Mr. Perlmutter moved, seconded by Mr. Caetano that this
plan be approved subject to additional conditions, motion carried.

�Maria Graca-151 New Broadway-Preliminary Discussion
Chairman Stever stated that applicant requested that her plan be removed from the
agenda Neighbors of the applicant who had come to the meeting were allowed to
comment on this project.
Marie Clark, of 11 Crane Avenue, stated that her home is adjacent to the applicant's
property and that the applicant is bringing in a lot of dirty materials and storing them on
her property. She also voiced concern that there would be proper drainage once the
retaining wall is built and that this project has been going on for about a year. She also
stated that this project has stopped her from repairing her driveway and fence, which was
badly in need of repair
James Margotta stated that Ms. Graca has brought in blacktop and broken concrete that
has to be removed before she starts building.
Don Caetano questioned if she had railroad ties on her property. He stated that such ties
have a bad effect on the environment. The railroad tie and blacktop must be removed.
James Margotta stated that he did not speak to Mrs. Graca about railroad ties. He also
stated that the retaining wall would be 6 feet high and it would be moved 3 feet back
from the property line. He notified the builders that the materials must be removed.
Chairman Stever stated that the materials must be removed due to its effect on the
environment and the presence of construction debris on the site constituted an illegal
dump under DEC; Part 360 regulations.
Betsy Sawyer-Gaylin questioned if there were a time limit to when construction was to be
completed
James Margotta stated that she has a building permit for about a year, her permit may
have expired.
Chairman Stever adjourned this discussion and requested that the public return to next
month's meeting to discuss the issue when Ms. Graca would be present.
Other Business
David Perlmutter stated that he wanted to renew his motion from the January 15, 1998
meeting for Antonio Rodriguez and he read the motion from the January minutes.
Chairman Stever seconded the motion for discussion purposes only.
Chairman Stever stated that he sent a letter to the applicant's Attorney with a copy to Mr.
Rodrigues and had received no response.
Janet Gandolfo stated that Attorney Hughes had phoned her and stated that Mr.
Rodriguez would return to the April meeting. The Chairman stated that Mr. Rodriguez
had complied with the request and suggested Mr Perlmutter's motion be adjourned until

�the April meeting. Don Caetano stated that the compliance should be in writing and the
Chairman agreed with that David Schiff added that he knew that the traffic study had
been completed, but not submitted.
Commercial District-In-fill Development
David Schiff, Village Planner, discussed the memo which he presented to the Planning
Board with suggestions on the handling of In-Fill Housing Projects. Some suggestions
made were: Establishing multi-family use at a specified maximum density as a special
permit in the C-2 Zone; Creating an in-fill housing overlay zone; Rewriting C-2 district
regulations to explicitly permit in-fill housing at a higher density than currently allowed;
and Rezoning selected C-2 areas to an existing residential zone.
Mr Stever suggested that the way to deal with in-fill development in the older
commercial district is to develop an amendment to the zoning law that allows residential
development that exceeds the density restrictions and various area requirements by
Special Exception Use Permit. Such an amendment should set forth standards that the
Planning Board would apply. Mr. Stever felt that the Zoning Board of Appeals was not
the proper body to address such multiple variance cases, since they could usually not
meet the criteria for a variance. He offered to introduce such an amendment for
consideration by the Board of Trustees after he takes office as a Trustee.
Shailesh Naik questioned if anything was written in the Zoning Ordinance concerning the
slopes of driveways.
James Margotta stated that if a grade was changed 10 percent or more, the builder must
go before the Planning Board.
Chairman Stever stated that there was no maximum standard for driveway grade but this
could be brought up to the Board of Trustees, who could discuss it with the Zoning Board
members.
Nicholas Cicchetti questioned what was happening with the convenience store at the
Citgo station.
James Margotta stated that the owners went to court and the Judge told them to go before
the Zoning Board of Appeals for a use variance.
Chairman Stever questioned what was the owner's argument for hardship. This was not
known. He also stated that once/if the use variance was granted, by the Zoning Board of
Appeals, they would have to come before the Planning Board for parking site planning.
There being no further business, Betsy Sawyer-Gaylin moved to adjourn the meeting,
seconded by Don Caetano and carried.
Respectfully submitted,
Sheila Davis, Recording Clerk

�/

RESOLUTION
Adopted at the March 19,1998 Meeting
of the Village of Sleepy Hollow Planning Board

RESOLUTION:

SITE PLAN APPROVAL

.

PROPOSED:

New building with six apartments and two retail stores

OWNER:

Miguel Jimenez

LOCATION:

139 Cortlandt Street

TAXMAP
DESIGNATION:

Section 16, Block 9, Lot 3

.ZONING:

• . 0-2 Commercial .

WHEREAS, the Planning Board of the Village of Sleepy Hollow has reviewed an application
for site plan approval (the Application) pursuant to the Village Zoning Ordinance, Article Vm, Site
Plan review, and to applicable laws and regulations "considered pertinent to the Application, which
Application is for the construction of a new building containing six apartments and two retail stores;
and
WHEREAS, the Plarining B oard has reviewed the following materials:
1.

, Site plan application, undated, signed by Ronald Turnquist.

2.

Site planforthe subject site, dated 12/26/97 and revised 2/3/98 and 3/6/98, prepared
by Turnquist Architects.

,&gt;.

Full Environmental Assessment Form, dated 2/2/98, signed by Ronald Turnquist,
Architect.

4.

Coastal Assessment Form, dated 1/5/98, prepared by Ronald Turnquist, Architect.

5.

Review memoranda from David Schiff, AICP, Village Planner, dated 1/29/98 and
2/26/98 andfromCharles Manganaro Consulting Engineers, dated 1/15/98,2/19/98
and 3/18/98.

6.

Letter from Assistant Chief Richard Gross of the Sleepy Hollow Fire Department,
dated 1/15/9S; and

WHEREAS, the proposal was discussed by the Planning Board at public meetings held at the
Village HaJ] on April 17,1997 and January 15, February 19 and March 20,1998, at which times those
wishing to be heard were given the opportunity to be heard; and

\.

�WHEREAS, in the course of its review and acting as Lead Agency pursuant to Park 617 of
the Implementing Regulations pertaining to Article 8 of the Environmental Conservation Law, the
Planning Board has made the following findings and caused, noted or conducted the following
activities:
1.

.Received an application fee;

2.

Caused field inspections to be made of the property and the surrounding areas;

3.

Requested, received and considered comments from the, Village Planner, Village Engineering
Consultants, Building Inspector and Fire Department about the proposed project;

4.

Requested, received and reviewed a Full Environmental Assessment form (EAF) in
compliance with the New York State Environmental Quality Review Act (SEQRA) and a
Coastal Assessment Form;

5.

After review of thefieldconditions, public comments, recommendations and the EAF as well
as other items noted above, has determined that the proposed action is an Unlisted Action and
issued a Negative Declaration dated March 20, 1998 in which the Planning Board stated its
determination of non-significance of environmental impact for this Unlisted Action.

NOW, THEREFORE, BE IT RESOLVED that the said Application for site plan approval relative
to construction of a new building with six apartments and two retail stores as shown on the site plan
as revised March 3,1998 is hereby granted approval and that the Applicant may obtain the endorsed
approval of the Planning Board Chairman or as an alternate the Village Administrator, on a copy of
thi s resolution and upon the site plan drawings, as and when revised as necessary to show compliance
with the following conditions, which endorsement shall permit filing in the Office of the Village
Building Department for purposes of obtaining a building permit in accordance with this resolution
and all building code requirements, provided, however, that this approval shall expire one (1) year
after the datp. nf this resolution ifthe following modifications and conditions have not been completed
to the satisfaction of the Planning Board and the Applicant has not obtained the required building
permit or permits for construction in accordance with the approved plan (s):
1.

The Applicant shall pay the Village of Sleepy Hollow all application and review fees
as required by the Village Zoning Code, as approved by the village attorney.

2.

The Applicant shall pay recreation fees in the amount of $9,600, as required by
Section 62-341 of the Village Zoning Code and the Village Board of Trustees, prior
to issuance of a building permit.

3.

The owner of the building shall post and enforce the requirement that only compact
cars utilize spaces no. 1, 2, 5,6, 7, 8, and 9.

-L

Dry well no. 2 shall be located at least four feet deeper than shown on the site plan
so that it is lower than the finished floor of the basement in th&lt;s new building

Erosion control measures to be utilized during construction shall be detailed on the

�final plan drawings and shall be provided In accordance with Westchester County Best
Management Practices.
. 6,

The relocation of the fire hydrant, as shown on the site plan, shall be done at the
Applicant's expense.
~"w

1,

The existing house at the rear of the property shall be demolished prior to issuance
of a building permit.

8.

The owner has agreed to designate, and so mark on the fmal drawings, the driveway
on the north side of the building as a Are lane with no parking permitted.

P.

The owner will be required, prior to the issuance of a building permit, to submit to
the Village Attorney easements to befiledwith the Westchester County Cierk'a office
which would dedicate fm (5) parking spaces on the southerly lot for ths use of the
northerly lot,

BANNING BOAUD
VILLAGE OF SLEEPY HOLLOW
,.i.

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.Chairman.

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