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                  <text>Village of Sleepy Hollow
Planning Board Minutes
May 19, 2022
The regular meeting was called to order at 7:10 PM by Chairperson Hsu.
Chairperson Hsu read the agenda and stated that the applicant for 135 Beekman Avenue has
requested an adjournment to the June 16, 2022. Chairperson Hsu stated that the associates from
Margie Ruddick Landscape are not present so the public hearings for Statue Island Park and
Devries Park will be adjourned to the June 16, 2022 meeting. The representatives for the
Westchester County Department of Public Works, Parks, Recreation and Conservation are not
present so the application for the bulkhead replacement at Kingsland Point Park will be
adjourned to the June 16, 2022 meeting.
Present:

Marjorie Hsu, Chairperson
Kersten Harries
Erin Carney
Edward McCarthy
Rachelle Gebler
Matthew Brennan

Also Present:

Joshua Subin, Village Attorney
James Natarelli, Village Engineer
David Smith, Village Planner
Sean E. McCarthy, Building Inspector

Absent:

Lindsay Krakauer
Anthony Catalano, Consulting Engineer
Pamela Kroll, Secretary to the Planning Board

Agenda:

1) Kendal-on-Hudson, 1010 Kendal Way, Proposed electrical generator rooms, Amended
site plan approval- Resolution
2) Francesco Alesci, 135 Beekman Avenue, Proposed multi-family building, Site plan
approval- Continued public hearing
3) Cristian Carrion, 72 Beekman Avenue, Proposed addition and alterations- Site plan
approval- Continued public hearing
4) Village of Sleepy Hollow, Statue Island Park, Proposed improvements- Public hearing
5) Village of Sleepy Hollow, Pocantico River and Devries Park, Proposed improvementsPublic hearing
6) Beekman Realty Association, LLC, 110 Beekman Avenue, Proposed change of usePublic hearing
7) Headless Horseman Entities, Inc., 410 North Broadway, Legalization of commercial
retail space, Site plan approval- Public hearing
1

(5/19/22)

�8) Westchester County Department of Public Works, Parks, Recreation and
Conservation, Kingsland Point Part, Bulkhead replacement, Wetlands Watercourse
Permit approval- Preliminary presentation
9) Landrock LLC, 231 Webber Avenue, Driveway modification, Amended site plan and
wetlands watercourse permit approval- Preliminary presentation
10) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
Block O/P &amp; N Townhomes Phase II, Proposed sales office, Amended site plan approval
11) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
Block M, Proposed sales office- Site plan approval, Preliminary presentation
12) Zoning Code amendments, Board of Trustees referral- Discussion
13) Approval of minutes, April 21, 2022
1. Kendal-on-Hudson, 1010 Kendal Way, Proposed electrical generator room, Amended
Site plan approval- Resolution
Chairperson Hsu asked David Smith to read the highlights of the draft resolution.
David Smith stated that the resolution contains information regarding the prior site plan
approvals and amendments. Mr. Smith read the conditions of the draft resolution.
Motion was made to adopt the resolution.
Moved: Hsu
Seconded: McCarthy
Chairperson Hsu - yes
Kersten Harries - yes
Ed McCarthy yes
Erin Carney- yes
Matthew Brennan - yes
Rachelle Gebler - yes
Vote 6-0

APPROVED

2. Franceso Alesci, 135 Beekman Avenue, Proposed multi-family building, Site Plan
approval-Continued public hearing
Motion was made to open the public hearing.
Moved: Hsu
Seconded: Harries

Vote 6-0

Chairperson Hsu solicited comments from the public.
There were no comments from the public.
Motion was made to adjourn the public hearing to the June 16, 2022 meeting.
Moved: Hsu
Seconded: Gebler

2

Vote 6-0

(5/19/22)

�3. Cristian Carrion, 72 Beekman Avenue, Proposed addition and alterations, Site plan
approval-Preliminary-Public hearing
Motion was made to open the public hearing.
Moved: Hsu
Seconded: Brennan

Vote 6-0

Michael Tribe is the architect representing the applicant. Mr. Tribe stated that improvements
were made to the plans based on the comments from the last meeting. Mr. Tribe presented that
logistics plan and stated that drawings for the sidewalk bridge will be submitted to the Building
Department for approval and Mr. Carrion will request one dedicated parking space for the
construction materials. Mr. Tribe stated that the owner traced the stormwater discharge in the
rear of the building and that a 4 inch clay pipe is taking the stormwater to the back of the
property. Mr. Tribe stated that the property owner dug out the existing drywell. The drywell is
approximately 5 ½ feet wide by 4 ½ feet deep, and evidence shows that the drywell has been
working efficiently during the storms.
James Natarelli requested that Mr. Tribe include the drywell location on the site plan.
Mr. Tribe stated that they visited the apartments at 74 Beekman Avenue building. There are (2)
windows on the second floor that are blocked by the existing wall of the 72 Beekman Avenue
building and there are (2) windows on the third floor of the building that look into a space that is
between the building and the existing wall. Mr. Tribe stated that they have made changes to the
design in order to provide more than 12 inches of space between the (2) windows on the second
floor of 74 Beekman Avenue and the proposed construction at 72 Beekman Avenue. Mr. Tribe
presented the floor plans and stated that they propose to eliminate the interior staircase that leads
to the second and third floor apartments and relocate the stair to the backyard. The first floor
would now have a longer corridor that will contain storage space for trash bins, a utility closet,
and stairs that will provide access to the backyard and down to the basement. The two windows
on the second floor, blocked by the existing block wall, will remain. The wall on the third floor
will be been moved out approximately 3 feet to allow for more light and air to the windows on
the third floor of the 74 Beekman Avenue building. Mr. Tribe stated that the revised plan will
accommodate the needs of the neighboring building without sacrificing space in the apartments.
David Smith asked Mr. Tribe for the square footage of each apartment space.
Mr. Tribe stated that each apartment would be a three-bedroom unit with approximately 1,000
square feet. Mr. Tribe stated that the building will be fully electric powered, will not use gas,
and that the roof will be set up to be solar ready. Mr. Tribe stated that changes to the elevations
include using double hung windows, changing the triple windows to double windows, and
raising the bay windows slightly to add distinction and similarity with the neighboring buildings.
Chairperson Hsu stated that the changes made to the design are good improvements and that the
proposed building looks more aesthetically fitting with the neighboring properties on Beekman
Avenue. Moving the staircases to the back of the building solved the problems related to the
neighboring building windows. Chairperson Hsu asked Mr. Tribe how long the sidewalk bridge
will be needed.
3

(5/19/22)

�Mr. Tribe stated that the sidewalk bridge would be needed for approximately three months.
Mr. Carrion stated that they will do what they can to have the sidewalk bridge there for less time
as they are looking forward to completing the construction since it has been vacant for a long
time.
Chairperson Hsu stated that the Board will require a full set of updated drawings for approval.
Mr. Tribe stated that they will provide a final set of the site plan drawings.
Kersten Harries asked Mr. Tribe if there is a way to provide windows in the common space of
the second floor apartment.
Mr. Tribe stated that he will further discuss it with Sean McCarthy to see if they can find a way
to accomplish adding windows in the second floor apartment space.
Chairperson Hsu requested that David Smith prepare a draft resolution for the June 16, 2022
meeting.
Chairperson Hsu solicited comments from the public.
There were no comments from the public.
Motion was made to adjourn the public hearing to the June 16, 2022 meeting.
Moved: Gebler
Seconded: Harries

Vote 6-0

4. Village of Sleepy Hollow, Statue Island Park, Proposed site improvements- Public
hearing
Motion was made to open the public hearing.
Moved: Hsu
Seconded: McCarthy

Vote 6-0

Chairperson Hsu solicited comments from the public.
There were no comments from the public.
Motion was made to adjourn the public hearing to the June 16, 2022 meeting.
Moved: Hsu
Seconded: Gebler

Vote 6-0

5. Village of Sleepy Hollow, Pocantico River and Devries Park, Proposed site
Improvments- Public hearing
Motion was made to open the public hearing.
Moved: Hsu
Seconded: Brennan

Vote 6-0

Chairperson Hsu solicited comments from the public.
4

(5/19/22)

�Chris Atkinson stated that the proposed improvements are nice and asked if the Village will be
responsible for the maintenance of the park and the proposed plantings.
There were no other comments from the public.
Motion was made to adjourn the public hearing to the June 16, 2022 meeting.
Moved: Hsu
Seconded: McCarthy

Vote 6-0

6. Beekman Realty Associates, LLC, 110 Beekman Avenue, Proposed change of usePublic hearing
Motion was made to open the public hearing.
Moved: Hsu
Seconded: Harries

Vote 6-0

Sergio Marin is the architect representing the applicant. Mr. Marin stated that he is the architect
for the proposed construction of the second floor. Mr. Marin stated that the application proposes
to construct apartments on the second floor. All of the construction will be interior renovations
with the exception of the removal of the existing exterior staircase in the back and restoring the
area to grass. Mr. Marin presented the floor plans and stated that (1) two-bedroom apartment and
(1) one-bedroom apartment are proposed.
Rachelle Gebler stated that the plan is missing a door for the bathroom in the one-bedroom
apartment.
Mr. Marin stated that he mistakenly left a door out of the plans when he was updating them.
Edward McCarthy asked Mr. Marin to confirm if the existing back stairs were used as fire
escape.
Mr. Marin stated that the exterior stairs are not required for a fire escape and the stair was
required for egress when the space was used a social club.
Kersten Harries asked Mr. Marin if the building will have fire sprinklers.
Mr. Marin stated that fire sprinklers will be installed in the building.
Chairperson Hsu asked if mechanical plans were submitted to detail the proposed heating and
cooling systems.
Mr. Marin stated that he hasn’t submitted mechanical plans.
John Manuele is the owner of the building and stated that the building has an existing heating
system. There are boilers downstairs that feed the first and second floors. They plan to utilize the
existing services and include the utilities in the rent for the first floor space.
Chairperson Hsu asked Mr. Manuele if the building has air conditioning.
5

(5/19/22)

�Mr. Manuele stated that the building does not have air conditioning.
Chairperson Hsu asked Mr. Manuele where the garbage would be stored for collection.
Mr. Marin stated that the garbage would be stored in the same location, near the existing
concrete staircase.
Chairperson Hsu asked Sean McCarthy if there are any open items that need to be resolved.
Sean McCarthy stated that when he reviews the construction plans he would address any open
items.
Mr. Marin presented the elevation drawings and stated that the exterior brick will be power
washed and the owner is changing the windows.
Sam Vieira is the architect representing the first floor tenant, the Sleepy Hollow Too coffee shop.
The plans propose to eliminate the overhead garage doors to create a storefront. They are
replacing the existing wood double hung windows with a dark aluminum frame and glass
windows. The existing side door will remain and be painted black. Mr. Vieira presented a
rendering of the proposed signage for the coffee shop and stated that the sign will have 3
gooseneck lampshade light fixtures above it.
Chairperson Hsu asked Mr. Vieira if he has prepared interior design drawings for the coffee
shop.
Mr. Vieira presented a drawing to show the current conditions of the warehouse space with the
proposed layout of the first floor. Mr. Vieira stated that because the space is a slab on grade
construction, they are proposing to the keep the plumbing for the bathroom in the existing
location. Mr. Vieira presented the proposed floor plan and described the interior layout of the
proposed coffee shop space. Baked goods will be prepared in convention ovens. Mr. Vieira
stated that he has provided occupancy load calculations for the building and a calculation for offstreet parking based on occupancy counts.
Chairperson Hsu asked Mr. Vieira how many seats there would be inside the coffee shop and if
there are thoughts to providing outdoor seating.
Mr. Vieira stated that the floor plan designs include indoor seating for 26 customers. The
sidewalk would allow for outdoor seating but he is not sure how the code handles the permits for
outdoor café establishments.
Chairperson Hsu solicited comments from the public.
Nancy Behren is a member of the Sleepy Hollow Too Board. Ms. Behren stated that she is not
from the Sleepy Hollow/Tarrytown area but she has attended the meetings and the fundraiser
local events and stated that all of the residents and local merchants she has spoken with are
supportive of the proposed coffee shop and its plan to employ disabled young adults.
6

(5/19/22)

�Jessica Moore stated that has worked with Kim for many years and it has always been Kim’s
dream to open up the coffee shop and to find a way to help the students find employment after
they graduate school.
Envira Jaurez stated that she has worked with Kim since 2014 when Sleepy Hollow Coffee was
in the high school and stated that the children flourish at the opportunity to learn and work at the
coffee shop.
Chairperson Hsu directed David Smith to prepare a draft resolution for the June 16, 2022
meeting.
Motion was made to adjourn the public hearing to the June 16, 2022 meeting.
Moved: Harries
Seconded: McCarthy

Vote 6-0

7. Headless Horseman Entities, Inc., 410 North Broadway, Legalizaation of commerical
retail space- Site plan approval – Public hearing
Motion was made to open the public hearing.
Moved: Harries
Seconded: Gebler

Vote 6-0

Wayne Jeffers Jr. stated that he is the contract /vendee for the property at 410 North Broadway,
which he is purchasing from his father.
Mark Blanchard is an attorney with Blanchard &amp; Wilson, LLP representing the applicant and
asked if the Board has any questions.
Matthew Brennan asked Mr. Blanchard how the applicant proposes to fix up the site and have it
function better.
Mr. Blanchard stated that he met with Sean McCarthy on site and that they have identified items
that need repairs.
Matthew Brennan asked if these are short-term repairs for the property.
Mr. Blanchard stated that they are cleaning up the property as a short time solution. Conceptual
options for the future of the property are in discussion.
Chairperson Hsu asked if the interior code violations have been resolved.
Sean McCarthy stated that the work is in progress that the applicant has corrected the major
interior violations.
Chairperson Hsu asked Mr. Blanchard if he has been in contact with the landscape architects for
the proposed improvements at Statue Island and the crosswalk.

7

(5/19/22)

�Mark Blanchard stated that Wayne Jeffers engaged directly with the landscape architect. Mr.
Blanchard stated that he met with Mayor Wray and an attorney from McCarthy Fingar LLP on
site to discuss the issues related to the crosswalk, Statue Island, and the property lines.
There were no comments from the public.
Chairperson Hsu asked Mr. McCarthy if the Board should move to have a resolution prepared.
Mr. McCarthy stated that a draft resolution could be prepared and should include a list of
improvements that are in control of the owner along with an established timeframe for
compliance.
Chairperson Hsu requested that David Smith prepare a draft resolution for the June 16, 2022
meeting.
Motion was made to adjourn the public hearing to the June 16, 2022 meeting.
Moved: Hsu
Seconded: McCarthy

Vote 6-0

8. Westchester County Department of Public Works, Parks, Recreation and Conservation,
Bulkhead replacement and Wetlands Watercourse Permit approval – Preliminary
Presentation
Chairperson Hsu stated that the representatives from Westchester County are not present so the
the presentation will be adjourned to the June 16, 2022 meeting.
9. Landrock LLC, 231 Webber Avenue, Driveway modification, Amended Site Plan and
Wetlands Watercourse Permit-Preliminary presentation
William Null is a partner with Cuddy &amp; Feder LLP representing the applicant and stated that the
application proposes a modification to the entry drive area. The previous site plan amendment
modified the Webber Avenue driveway entrance. They are proposing an alternative concept that
will be more attractive for landscaping while providing the same sensitivity to the wetlands
situation. The application also proposes a modification to the formal gate and entrance in order to
create more privacy for the future residents of the subdivision. Mr. Null stated they will not be
creating a homeowners association for the maintenance of the proposed rain garden since there
will only be three homes. The plan is to create a declaration that will cover the restrictions and
easements, including the identification of the Village public access easement and methods for
representatives from the Village and the residents of the three subdivided lots a way to open the
gate. The declaration will include a collective obligation between the three land owners to pay
the cost to maintain the landscaping around the shared driveway, including the rain garden. Mr.
Null stated that the declarations eliminate the need to revise the final subdivision plat.
Donna Maiello is an Associate with DTS Provident Design Engineering, LLP representing the
applicant. Ms. Maiello stated the proposed amendment includes raising the grade along the west
side of the driveway to eliminate the need for a guide rail on the side. The depressed wetland
area will be replaced with an at-grade rain garden. Design modifications are proposed for the
location and the layout of the entry walls, piers and gates. Ms. Maiello stated that the proposed
8

(5/19/22)

�wetlands disturbance is approximately 1,650 square feet (.04 acres). The proposed rain garden is
1,200 square feet and the perimeter of the area will be planted with a wetland seed mix, firs, and
native trees. Ms. Maiello stated that the plantings for the rain garden include native dogwood
shrubs and ornamental grasses, and that the plantings will also be included on the east side of the
driveway basin. Ms. Maiello stated that the letter prepared by William Kenny concluded that the
rain garden would provide similar ecological benefits of the existing wetlands. Changes
proposed to the entry drive include the installation of a pair of 6 to 7 foot tall piers, with 48 inch
high stone and brick walls curved toward the driveway, a pair of 6 foot tall wood piers with 5
foot high by 9 foot wide swing gates in the center of the driveway, and matching 5 foot high
fences extending from the piers to the stone wall. A paved walkway is proposed to the pedestrian
gate along with a 40 inch wide paved area to the west of the driveway for refuse pick up, and a
call box for visitors. There will be a stabilized shoulder on each side of the driveway apron to
accommodate wider turns into the driveway. Mailbox locations will be coordinated with the
Village Post Office. Ms. Maiello stated that they are aware that the proposed 5 foot high fencing
requires a variance and that they are requesting a referral to the Zoning Board of Appeals.
William Null stated that the proposed walls and gate materials are similar in character to other
properties in the area.
Michael Rockefeller is the Managing Member of Landrock LLC. Mr. Rockefeller provided the
history of the piers and gates.
Kersten Harries requested that the applicant provide drawings that detail the dimensions of the
proposed walls and gates.
Chairperson Hsu asked Mr. Null if the gates will swing inward and how they will manage the
garbage pick-up
Mr. Null stated the gates will swing inward and the garbage would be brought down to the road
and stored in the area to the left of the driveway for village pick up.
David Smith requested that Mr. Kenny review the Village Code as it relates to wetland
disturbances and the requirements for replacement ratios.
James Natarelli asked Ms. Maiello if they have considered eliminating the perforated drain in the
rain garden.
Ms. Maiello stated that rain gardens typically include a perforated drain. She suggested that this
is something that James could discuss with Mark Gratz.
Chairperson asked if the Board should schedule a public hearing for the June meeting.
Sean McCarthy stated that the applicants would need to apply for a variance first.
Ms. Maiello asked if the 3-foot height regulation applies to the pillars.

9

(5/19/22)

�Sean McCarthy stated that the 3-foot height restriction applies to walls and fences. Historically,
when a pier attaches to a fence or gate, the piers may be slightly higher than the fence or wall to
allow the proper connection to the elements; and this is something that the Board would consider
upon review of the dimensioned details.
Mr. Null asked if the Board requires the detailed fence dimensions before they can make a
referral to the Zoning Board.
Sean McCarthy stated that the positive referral to the Zoning Board should be based on the
review of the drawing unless the Planning Board is comfortable making the referral tonight.
Mr. Null asked Mr. McCarthy for the dates of the upcoming Zoning Board meetings.
Mr. McCarthy stated that the submission deadline for the June Zoning Board meeting has passed
and that they could submit an application for the July meeting. Mr. McCarthy suggested that the
Board consider referring the application to the Zoning Board for the July meeting if the applicant
can provide the requested information for the June Planning Board meeting. The Planning Board
can then submit additional comments to the Zoning Board before the July meeting.
Motion was made to refer the application to the Zoning Board of Appeals for the July 20, 2022
meeting and to schedule a public hearing for the June 16, 2022 Planning Board meeting where a
decision will be pending ZBA approval.
Moved: Hsu

Seconded: Gebler

Chairperson Hsu - yes
Kersten Harries - yes
Ed McCarthy yes
Erin Carney- yes
Matthew Brennan - yes
Rachelle Gebler - yes
Vote 6-0

APPROVED

10. Lighthouse Landing Communities, LLC, Edge-on Hudson Riverfront Development,
Block O/P &amp; N Townhomes Phase II, Proposed sales office, Amended Site Plan Preliminary presentation
Andrew Tung is an associate with DTS Provident Design Engineering LLP representing the
applicants. Mr. Tung stated that the applicants are seeking approval to construct a temporary
sales trailer to sell the units. Mr. Tung stated that during the Work Session, the Board suggested
that the applicant consider building a permanent portion of the future amenity building to use as
the sales office.
Peter Chavkin stated that building a part of the permanent amenity building to use for the sales
office is a great idea; however, he is concerned that there would not be enough time to build the
structure and have it completed when they need to start using a sales office. Mr. Chavkin stated
that an application for Architectural Review Board approval for the amenity building will be
10

(5/19/22)

�submitted for the next meeting. During that time, they will determine whether they need to
continue the request for a temporary sales trailer.
Matthew Brennan asked Mr. Chavkin when they intend to start the sales efforts.
Mr. Chavkin stated that the Attorney General’s office would need to approve the Condominium
Offering plan before the marketing efforts start. Their goal is to start the sales by the end of this
year or early next year.
Edward McCarthy suggested that using a permanent structure would be more cost effective then
the expense of a temporary trailer.
Chairperson Hsu stated that the Block N parking area would need to be complete in order to
meet the code requirements for the additional parking spaces that supplement the units that have
the aprons in lieu of full driveways.
No action was taken.
11. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
Block M, Proposed Block H sales office, Site plan approval- Preliminary presentation
Andrew Tung is an associate with DTS Provident Design Engineering LLP representing the
applicants. Mr. Tung stated that the applicants are seeking approval to construct a temporary
sales trailer for the Block H (Daymark) building on the western portion of the vacant Block M
site. Mr. Tung stated that the block was part of the Phase III Roads and Infrastructure
application but does not have an approved site plan. The proposed temporary sales trailer would
include 13 parking spots and be accessed from Palisades Boulevard.
Chairperson Hsu asked if a Site Plan approval for a temporary structure requires a public
hearing.
Sean McCarthy and Joshua Subin agreed that a public hearing is required.
Motion was made to schedule a public hearing for the June 16, 2022 meeting.
Moved: Hsu
Seconded: Harries
Chairperson Hsu - yes
Kersten Harries - yes
Ed McCarthy - yes
Erin Carney- yes
Matthew Brennan - yes
Rachelle Gebler- yes
Vote 6-0

APPROVED

11

(5/19/22)

�12. Zoning Code Amendments, Board of Trustees referral-Discussion
Chairperson Hsu stated that on May 10, 2022 the Board of Trustees made a referral to the
Planning Board but they have yet to see the actual resolution or the specific code that the Board
wants them to respond to. Chairperson Hsu asked Joshua Subin to clarify if the questions
received from the Board of Trustees are a collaboration or if more questions will follow from
individual Trustees.
Joshua Subin stated that the question of timing comes down to Sean McCarthy’s interpretation of
the code. Mr. Subin stated that he thinks Mr. McCarthy’s interpretation makes sense and that he
will go back to the Board of Trustees to discuss it with them.
Chairperson Hsu stated that the Board would start working on the responses of the Planning
Board.
13. Approval of minutes- April 21, 2022
Motion was made to approve the April 21, 2022 minutes as amended.
Moved: Hsu
Seconded: Carney
Chairperson Hsu - yes
Kersten Harries - yes
Ed McCarthy -yes
Matthew Brennan -abstained
Erin Carney- yes
Rachelle Gebler- yes
Vote 5-0-1

APPROVED

Motion was made to adjourn the meeting at 8:59 PM.
Moved: Hsu
Seconded: Harries

Vote 6-0

Respectfully submitted,
Pamela Kroll
Secretary to the Planning Board

12

(5/19/22)

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