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                  <text>Village of Sleepy Hollow
Planning Board Minutes
October 20, 2022
The regular meeting was called to order at 7:00 PM by Chairperson Hsu.
Chairperson Hsu summarized the agenda.
Present:

Marjorie Hsu, Chairperson
Kersten Harries
Erin Carney
Lindsay Krakauer
Matthew Brennan
Rachelle Gebler

Also Present:

Joshua Subin, Village Attorney
James Natarelli, Village Engineer
David Smith, Village Planner
Anthony Catalano, Consulting Engineer
Sean E. McCarthy, Building Inspector
Pamela Kroll, Secretary to the Planning Board

Agenda:
1) Francesco Alesci, 135 Beekman Avenue, Proposed multi-family building, Site plan
approval- Continued public hearing
2) Village of Sleepy Hollow, Statue Island Park, Proposed improvements- Resolution
3) Village of Sleepy Hollow, Pocantico River and Devries Park, Proposed improvementsResolution
4) Westchester County Department of Public Works, Parks, Recreation and
Conservation, Kingsland Point Part, Bulkhead replacement, Wetlands Watercourse
Permit approval- Resolution
5) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
Block O/P &amp; N Townhomes Phase II, Block N Amenities and proposed sales office, Site
Plan &amp; Architectural Review Board approval- Continued public hearing
6) Phelps Hospital/Northwell Health, New York SMSA Limited Partnership (Verizon
Wireless), Wireless communications permit, Amended Site Plan- Resolution
7) 46 Hudson St., LLC/Alex Tseng, 46 Hudson Street, Proposed three-family residence,
Site Plan approval – Presentation
8) LL Parcel E, LLC, Edge-on-Hudson Riverfront Development, 201 Horseman Boulevard
(Building E-3), Utility enclosure, Amended Site Plan approval - Preliminary presentation
9) Gabe Realty Corp., 305 North Washington Street, Proposed three-family residence, Site
Plan approval - Preliminary presentation
10) Zoning Code amendments, Special Permit uses- RF District
11) Approval of minutes, September 22, 2022
1

(10/20/22)

�1. Franceso Alesci, 135 Beekman Avenue, Proposed multi-family building, Site Plan
approval-Continued public hearing
Chairperson Hsu stated that the applicant has requested an adjournment to the November 17,
2022 meeting.
Motion was made to open the public hearing.
Moved: Hsu
Seconded: Krakauer

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 November 17, 2022 meeting.
Moved: Hsu
Seconded: Gebler

Vote 6-0

2. Village of Sleepy Hollow, Statue Island Park, Proposed site improvments-Resolution
Chairperson Hsu requested that David Smith read the highlights of the draft resolution.
David Smith stated that the resolution details the history of the application review by the
Planning Board. The Board of Trustees adopted a change in the Local Law amending Chapter
450-1 of the Village Code, which allows them to classify projects as a Village Use and to
determine that certain project are not subject to Planning Board review. This resolution
concludes the review by the Planning Board.
Motion was made to adopt the resolution.
Moved: Hsu
Seconded: Brennan
Chairperson Hsu - yes
Kersten Harries - yes
Lindsay Krakauer - yes
Erin Carney- yes
Rachelle Gebler- yes
Matthew Brennan- yes
Vote 6-0

APPROVED

3. Village of Sleepy Hollow, Pocantico River and Devries Park, Proposed site
improvements- Resolution
Chairperson Hsu requested that David Smith read the highlights of the draft resolution.
David Smith stated that the resolution details the history of the application review by the
Planning Board. The Board of Trustees adopted a change in the Local Law amending Chapter
450-1 of the Village Code, which allows them to classify projects as a Village Use and to
determine that certain project are not subject to Planning Board review. This resolution
concludes the review by the Planning Board.
2

(10/20/22)

�Motion was made to adopt the resolution.
Moved: Hsu
Seconded: Carney
Chairperson Hsu - yes
Kersten Harries - yes
Lindsay Krakauer - yes
Erin Carney- yes
Rachelle Gebler- yes
Matthew Brennan- yes
Vote 6-0

APPROVED

4. Westchester County Department of Public Works, Parks, Recreation and Conservation,
Kingsland Point Park, Bulkhead replacement, Wetlands Watercourse Permit approvalResolution
Chairperson Hsu requested that David Smith read the highlights of the draft resolution.
David Smith stated that although the Village of Sleepy Hollow manages and maintains
Kingsland Point Park, the park is owned by Westchester County. The Village requested that
Westchester County participate in the approval process. During the course of the Planning
Board’s review, the County invoked Title 19 of the New York Code Rules and Regulations
(“NYCRR”), Chapter 1201.2 indicating that they are responsible for the administration and
enforcement of the Uniform Code with respect to buildings, premises, and equipment in the
custody of activities related thereto, undertaken by the County. Moreover, the County DPW has
a Code Enforcement Officer that will review, inspect, and administer the New York State
Building and Fire Code. Therefore, the County concludes that they do not have to obtain a
Building Permit and a Certificate of Occupancy from the local municipality. This resolution
concludes the review of the Planning Board.
Motion was made to adopt the resolution.
Moved: Hsu
Seconded: Krakauer
Chairperson Hsu - yes
Kersten Harries - yes
Lindsay Krakauer - yes
Erin Carney- yes
Rachelle Gebler- yes
Matthew Brennan- yes
Vote 6-0

APPROVED

5. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
3

(10/20/22)

�Block O/P &amp; N Townhomes, Phase II, Block N amenities and proposed sales officeSite Plan &amp; Architectural Review Board approval
Motion was made to open the public hearing.
Moved: Hsu
Seconded: Harries

Vote 6-0

Peter Chavkin is a Managing Member of Biddle Real Estate Ventures on behalf of the Applicant.
Mr. Chavkin stated that they are happy with the copy of the draft resolution that they received
from the Village staff.
Chairperson solicited comments from the Board.
David Smith asked Peter Chavkin to confirm the total number of proposed parking spaces.
Peter Chavkin stated there were originally 44 parking spaces proposed at Block N. When they
split the ADA parking stalls in September to have one parking stall in front of each building, it
reduced the proposed parking to 43 spaces where the required number of parking spaces is 41.
Chairperson Hsu solicited comments from the consultants.
There were no comments from the Board and consultants.
Motion was made to close the public hearing.
Moved: Hsu
Seconded: Gebler

Vote 6-0

Chairperson Hsu requested that David Smith read the highlights of the draft resolution.
David Smith read the resolve clause and the conditions of the resolution.
Motion was made to adopt the resolution.
Moved: Hsu
Seconded: Brennan
Chairperson Hsu - yes
Kersten Harries - yes
Lindsay Krakauer - yes
Erin Carney- yes
Rachelle Gebler- yes
Matthew Brennan- yes
Vote 6-0

APPROVED

Chairperson Hsu requested that Peter Chavkin attend an upcoming meeting to provide an update
on the heating cooling energy solutions for the future development. Chairperson Hsu stated that
the Block I buildings were proposed and approved as all electric and that gas boilers were
installed.
Peter Chavkin stated that he would reach out to the developers to determine what energy
solutions have been completed and what is planned in the future buildings.
4

(10/20/22)

�6. Phelps Hospital/Northwell Health, New York SMSA Limited Partnership (Verizon
Wireless ), Wireless communications permit, Amended Site Plan – Resolution
Chairperson Hsu stated that the Board waived the public hearing and prepared a draft resolution.
Chairperson Hsu asked Mr. Sheridan if his concern with the draft resolution has been resolved.
Michael Sheridan is an attorney with Snyder &amp; Snyder, LLP representing the applicant. Mr.
Sheridan stated they have revised the facility design to match what exists now.
There was a discussion regarding the language of a resolved clause in the draft resolution as it
relates to the Planning Board approval, permits, and expiration dates.
David Smith read the resolve clauses and the conditions of the draft resolution.
Motion was made to adopt the resolution.
Moved: Hsu
Seconded: Harries
Chairperson Hsu - yes
Kersten Harries - yes
Lindsay Krakauer - yes
Erin Carney- yes
Rachelle Gebler- yes
Matthew Brennan- yes
Vote 6-0

APPROVED

7. 46 Hudson St., LLC/Alex Tseng, 46 Hudson Street, Proposed three-family residence,
Site Plan approval- Presentation
Brian Hopkins is the architect representing the applicant. Mr. Hopkins stated that revisions were
made to the application as per the suggestions received from the Board. The proposed changes
include relocating the driveway to the South side of the building and moving the building
forward to maintain the street line with the adjacent buildings. The application proposes to move
the parking into the rear yard where the cars will be required to pull in and back directly out. The
proposed trash enclosure will be located in the rear yard. Open green space and landscaping is
proposed in the front yard.
Chairperson Hsu solicited comments from the Board.
Rachelle Gebler and Kersten Harries agreed that the incorporation of the Boards suggestions has
improved the proposed project.
Chairperson Hsu stated that she likes the green space proposed in the front of the building and
that the added street tree will enhance the streetscape. Ms. Hsu stated that the Fire Code requires
a 3-foot side yard setback from the property line and asked Mr. Hopkins to provide details on
how they propose to remedy the issue with the proposed design.

5

(10/20/22)

�Brian Hopkins stated that the proposed setback is 2 feet, 7 inches. They propose to remove the
(4) windows on the north side of the building and add a fire-rated wall. The floor plan would
suffer if they removed 5 inches from the width of the building.
Rachelle Gebler asked what rooms are on the other side of the windows proposed for removal.
Mr. Hopkins stated that the kitchen abuts the windows on the north side.
Matthew Brennan stated that he is concerned that removing the windows may create a precedent
and that there may not be enough natural light.
Rachelle Gelber asked if windows are permitted on a fire-rated wall.
Brian Hopkins stated that the windows would have to removed completely and that the same
situation was approved at 34 Hudson Street, so there is already precedent.
Kersten Harries asked Mr. Hopkins for the distance between the 34 Hudson Street building and
the neighboring building to the North, and for the distance between the proposed 46 Hudson
Street building and the neighboring building to the North.
Mr. Hopkins stated that the sideyard setback is between 6-9 inches at 34 Hudson Street, and that
the setback between the 46 Hudson building and the property line is 2 feet, 7 inches.
Alex Tseng is the owner of the property. Mr. Tseng stated that there is 2 feet from the 46
Hudson Street property line and the neighboring building to the North. The first floor bedroom
plan interacts with the kitchen. If they move the building 5 inches, and keep the kitchen the same
size, the bedroom would be less than 10 feet wide.
Sean McCarthy asked Mr. Hopkins is there is room to shift the southern wall 5 inches.
Mr. Hopkins stated that the southern wall is set 10 feet from the property line and that it is
already tight for car access.
Rachelle Gebler asked if there is light coming into the kitchen.
Mr. Hopkins stated that there are lots of windows on the south side of the building, the street
frontage brings light into the kitchen, and the repositioning the of the building allows for more
southern exposure.
Chairperson Hsu asked Mr. Hopkins if he has finalized the lot calculations required for a referral
to the ZBA.
Mr. Hopkins stated that the Applicant will be requesting approval for (5) variances.
Kersten Harries suggested that the Planning Board refer the application the ZBA.
Sean McCarthy suggested that the Board schedule the Planning Board public hearing for the
December meeting pending the approval the ZBA.
6

(10/20/22)

�Motion was made to refer the application to the Zoning Board of Appeals for the December 21,
2022 meeting and to schedule a public hearing for the December 22, 2022 Planning Board
meeting.
Moved: Harries
Seconded: Gebler
Vote 6-0
8. LL Parcel E, LLC, Edge-on-Hudson Riverfront Development, 201 Horseman
Boulevard (Building E-3), Utility enclosure, Amended Site Plan approval – Preliminary
Presentation
Mark Gratz is an associate with DTS Provident Design Engineering, LLP representing the
applicant. Mr. Gratz stated that in March of 2021 they received approval for the installation of a
gas enclosure and a screen wall to hide the gas meters and regulators for Building E-3. Due to
Con Edison service and clearance requirements, the size of the original enclosure is no longer
adequate. The application proposes to install a second brick-clad enclosure at the southeast side
of the building that will hold seven meters and one gas regulator. The proposed modifications
require the shifting of a walkway and landscaping to make room for the enclosure. The proposed
enclosure will be approximately 50 square feet with 5’ x 10’ walls. Mr. Gratz stated that as per
the comments received from James Natarelli, they have added a floor drain to the structure.
Kersten Harries suggested changing the orientation of the enclosure so that the solid brick wall
faces the Tappan Zee Park and having the access from the backside of the building.
Mark Gratz stated since the piping will be coming up from the east side of the building, it should
not be a problem.
Kersten Harries asked Mark Gratz to consider shifting the entire sidewalk to align with the other
walkways instead of just the proposed enclosure area have a jog in it.
Mark Gratz stated that having the slightly larger green space would be more beneficial to the
residents than having a deeper foundation screening and there should not be a tremendous
amount of flow going through from the parking lot to Tappan Zee Park.
Chairperson Hsu stated that residents are expressing concerns for the utility screening at
Building E-1 and asked if there are solutions incorporated into this proposal.
Mr. Gratz stated that the second enclosure is proposed to meet the Con Edison size requirements
and to be in line with the 2021 Amended Site Plan approval.
Chairperson Hsu asked Mr. Gratz if he is confident that if they move the walkway, there will be
ample space for residents and pedestrians.
Mr. Gratz stated that the walkway is the standard 5 foot width. They expect limited public use of
the walkways because the residents will mainly use it to access the parking. Mr. Gratz requested
that the Board consider waiving the public hearing requirement.
Chairperson Hsu asked Mr. Gratz if the current residents at Building E-1 have expressed
concerns or comments regarding the metal screening installed.
7

(10/20/22)

�Pete Galotti is an associate with Toll Brothers and stated that have received concerns in regards
to the Building E-1 enclosure being too close to the road. The proposed enclosure at Building E3 will not have that issue.
Kersten Harries asked Mr. Gratz to confirm that the enclosures will be constructed only of the
the brick-clad material and not require the perforated metal panels approved at Building E-1.
Mr. Gratz stated that the enclosure would be brick-clad material with a granite coping on the top
to match and blend in with the building.
Chairperson Hsu stated that the drawings noted the coping as metal.
Mr. Gratz stated that they will make the change on the plan.
Chairperson Hsu solicited advise on how to proceed.
Sean McCarthy stated that if the Board is comfortable waiving the public hearing, the Board can
vote to prepare a draft resolution of approval for the November meeting, pending receipt of the
revised plans for the record.
Chairperson Hsu asked Mr. Galotti for the estimated occupancy date for Building E-3.
Mr. Galotti stated that the estimated occupancy date for Building E-3 is the summer of 2023.
Motion was made to waive the public hearing and to direct David Smith to draft a resolution for
approval at the November 17, 2022 meeting with the condition that the enclosure opening shall
face the parking lot and not Tappan Zee Park, and that the revisions are made to the Amended
Site Plan drawings and submitted as requested.
Moved: Harries
Seconded: Krakauer
Vote 6-0
Chairperson Hsu - yes
Kersten Harries - yes
Lindsay Krakauer - yes
Erin Carney- yes
Rachelle Gebler- yes
Matthew Brennan- yes
Vote 6-0

APPROVED

9. Gabe Realty Corp., 305 North Washington Street, Proposed three-family residence, Site
Plan approval - Preliminary presentation
Gregory Caccioppoli is the engineer representing the applicant. Mr. Caccioppoli stated that the
lot is currently vacant because a fire destroyed the previous structure. The proposed application
is compliant with the Zoning Code requirements. The applicant will not be requesting variances.
There will be no disturbances to the wetland or flood plain and there are no tree removals
8

(10/20/22)

�required. Mr. Caccioppoli stated that the previous structure was a five-family residence that
contained three bedrooms per unit requiring 12.5 parking spaces. The application proposes to
construct a three-family apartment building with four bedrooms per unit where the required
parking is 3 parking spaces per unit for a total of 9 required parking spaces. Mr. Caccioppoli
presented the site plan and stated that there are three decks proposed on the second floor with
patios on the ground floor. A walkway is proposed for access to the patios and for the residents
to access the garbage collection area. Mr. Caccioppoli presented the elevations drawings and
stated that he will modify the proposed siding material to be cement board, and change the front
doors, garage doors, and fencing material to be wood. Mr. Caccioppoli stated that the application
proposes three curb cuts on Howard Street for the driveways to three garages. Although the curb
cuts will eliminate (3) on-street parking spaces, it will provide (3) off-street parking spaces for
the residents. In order to provide (9) off-street parking spaces on the lot, they would have to
eliminate the green space in the front yard on North Washington Street. Onsite parking would
add impervious surface and require a larger stormwater system.
David Smith asked Mr. Caccioppoli if the location of the proposed building is restricted by
property setbacks.
Mr. Caccioppoli described the property setbacks for the side, front, and rear yards and stated that
the property setbacks would only allow him to move the building two feet to the left or the right.
Chairperson Hsu asked Mr. Caccippoli if the applicant has considered putting the driveways and
the garages in the back of the building.
Mr. Caccioppoli stated that in order to put the garages in the rear yard, they would require 30 feet
to make it usable and provide the proper turning radii for vehicles to get in and out of the site.
There is no street in the rear of the property, only homes with private driveways. Although he
has not performed a formal parking study, there seems to be ample parking spaces available on
North Washington Street.
Kersten Harries and Chairperson Hsu agreed that parking on the streets is an issue depending on
the time of the day.
Sean McCarthy stated that the primary front yard is on Howard Street because it has the widest
street frontage. North Washington Street is the secondary front yard of the corner lot. The
address of the property is North Washington Street because the previous building entrances and
frontage were on that street. Mr. McCarthy suggested that the owner consult with the
neighboring property owner for a possible driveway easement.
Lindsay Krakauer suggested that the applicant try to leverage putting the driveways in the back
with an easement so that there are more options to provide additional parking for the building
and reducing the amount of parking spaces needed on the street.
Sean McCarthy suggested that Mr. Caccioppoli determine the frontage calculations of the
adjacent homes across the street on North Washington and Howard Street to see if aligning the
front yard of the proposed structure closer to the street would open up opportunities for the rear
and sides of the building.
9

(10/20/22)

�Kersten Harries stated that the Code allows you to reference the adjoining neighbor’s front yards
without seeking a variance. The Boards preference is not to have the driveways on Howard
Street, as less street parking spaces would be removed and it would be safer for pedestrians.
Chairperson Hsu stated that it would be more aesthetically appealing to have the driveways and
the garages in the rear yard and to provide more green space in the front.
Kersten Harries asked Mr. Caccioppoli what is proposed for the ground floor space.
Mr. Caccioppoli stated that the ground floor space would be for storage and laundry.
Kersten Harries suggested revising the proposed façade and elevations to show architectural
articulation of the units to breakdown the massing of the building. Ms. Harries stated that more
plantings be added to the greenspace areas and suggested adding trees to replace the mature trees
that were once part of the site.
David Smith suggested that Mr. Caccioppoli show how the site plan would work in relation to
providing two parking spaces per unit verses three and how it relates in needing a variance.
Rachelle Gebler stated that the Board likes greenspace and does not want the site paved over.
Erin Carney suggested that Mr. Caccioppoli use the Lower Beekman Design Standards Booklet
adopted by the Village for a reference as suggestions for dormers and windows that will fit in
with the character of the street.
Mr. Caccioppoli stated that he will rework the design of the structure based on the parking and
that he probably will not be prepared to come back to the Board until the December meeting.
No action was taken.
10. Zoning Code amendments, Special Permit uses- RF District
Chairperson Hsu asked the Board members if they have any concerns for allowing medical
offices in the Riverfront District.
There were no concerns from the Board.
David Smith stated that he would prepare a recommendation to the Village Board of Trustees.
11. Approval of minutes- September 22, 2022
Motion was made to approve the September 22, 2022 minutes.
Moved: Hsu
Seconded: Krakauer
Chairperson Hsu - yes
Kersten Harries - yes
Lindsay Krakauer - yes
Erin Carney- yes

10

(10/20/22)

�Rachelle Gebler - yes
Matthew Brennan- yes
Vote 6-0

APPROVED

Motion was made to adjourn the meeting at 8:30 PM.
Moved: Hsu
Seconded: Gebler

Vote 6-0

Respectfully submitted,
Pamela Kroll
Secretary to the Planning Board

11

(10/20/22)

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