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                  <text>Village of Sleepy Hollow
Planning Board Minutes
January 19, 2023
The regular meeting was called to order at 7:00 PM by Acting Chairperson Gebler.
Acting Chairperson Gebler summarized the agenda.
Present:

Rachelle Gebler, Acting Chairperson
Benjamin Nielsen
Kersten Harries
Erin Carney

Also Present:

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

Absent:

Lindsay Krakauer
James Natarelli, Village Engineer

Agenda:

1) Francesco Alesci, 135 Beekman Avenue, Proposed multi-family building, Site plan
approval- Continued public hearing
2) Marcello Poguio, 95 College Avenue, Proposed one-story rear addition, Amended Site
Plan approval- Draft resolution
3) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
Block H, Amended Site Plan and Final ARB Approval- Draft resolution
4) Gabe Realty Corp., 305 North Washington Street, Proposed three-family residence, Site
Plan approval- Presentation
5) Hudson Pines, LLC, 180 Bedford Road, Amended Site Plan approval - requested
adjournment
6) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
Phase II Waterfront Open Space, Site Plan approval- requested adjournment
7) LL Parcel F, LLC, Edge-on-Hudson Riverfront Development, DeCicco &amp; Sons
supermarket, Amended Site Plan &amp; ARB approval - Preliminary presentation
8) 46 Hudson St., LLC, 46 Hudson Street, Proposed three-family residence, Site Plan
approval- Status presentation
9) Approval of minutes, November 17, 2022, December 22, 2022
1. Franceso Alesci, 135 Beekman Avenue, Proposed multi-family building, Site Plan
Approval- continued public hearing
Motion was made to open the public hearing.
Moved: Harries
Seconded: Nielsen
1

Vote 4-0
(1/19/23)

�Maximillian Mahalek stated that he is an attorney with Cuddy + Feder LLP representing the
applicant. Mr. Mahalek stated that he met with the Village’s staff and consultants on January 5,
2023. Mr. Mahalek stated that they submitted minor changes to the Site Plan and the parking
layout. Mr. Mahalek stated that the applicant is open to the condition of the affordability of three
of the units having comparable rents to the existing units with the flexibility for inflation and
utility increases as documented by Westchester County. Mr. Mahalek stated that the applicant
acknowledges that there are technical comments that need to be addressed for the Site Plan
approval and that the applicant is required to come back to the Planning Board for Architectural
Review Board approval. Mr. Mahalek requested that the Planning Board close the public
hearing and approve the draft resolution for Site Plan approval.
Acting Chairperson Gebler solicited comments from the consultants.
David Smith requested that the architect provide a review of the changes made since the last
meeting.
Christopher Barbagli stated that on behalf of Vassalotti Associates Architects, LLP he is
representing the applicant. Mr. Barbagli presented the revised site plan and stated that they
eliminated the post lights and replaced them with bollards along the driveway. They added
building lights at the garage entrance and the trash recycling area. They reduced the driveway
width to 12 feet and added a landscaped area.
Mr. Smith asked Mr. Barbargli to explain the difference between the pole lighting and the
bollard lighting.
Mr. Barbargli stated that the pole lighting was originally 14-foot high downlights. The proposed
bollard lighting will be 3 feet, 6 inches high, and will reduce the visibility of the light sources.
Acting Chairperson Gebler asked Mr. Barbargli to confirm if the the building lights are hooded,
and if there will be lighting on the front porch.
Mr. Babargli stated that the added building lights are downlights that will provide more
aesthetics than light. Mr. Barbargli stated that there is lighting proposed on the front porch. They
have revised the vehicle turning tracks plan to correct parking and site circulation issues. The
revised plan includes directional signage for the site. They have revised the northeast corner
building setbacks to maintain the setbacks along the landscaped area. They relocated one of the
handicapped accessible parking spaces in order to provide the 8-foot access aisle. They added the
work scope related to the sidewalks and curb cuts to the site plan.
Acting Chairperson Gebler solicited comments from the public.
There were no comments received from the public.
Motion was made to close the public hearing.
Moved: Harries
Seconded: Carney

Vote 4-0

Acting Chairperson Gebler requested that David Smith read the highlights of the draft resolution.
2

(1/19/23)

�Mr. Smith read the resolve clause conditions of the draft resolution for Site Plan approval.
Motion was made to approve the resolution.
Moved: Carney
Seconded: Nielsen
Acting Chairperson Gebler - yes
Erin Carney - yes
Kersten Harries- yes
Benjamin Nielsen - yes
Vote 4-0

APPROVED

2. Marcelo Poguio, 95 College Avenue, Proposed one-story rear addition, Amended Site
Plan approval - Draft resolution
Marcelo Poguio stated that he is the owner of 95 College Avenue and stated that he is there for
the approval of the resolution.
Acting Chairperson Gebler solicited questions from the Board.
There were no questions from the Board.
Acting Chairperson Gebler asked David Smith to read the highlights of the draft resolution.
Mr. Smith read the resolve clause and the conditions of the draft resolution.
Motion was made to approve the resolution.
Moved: Harries
Seconded: Carney
Acting Chairperson Gebler - yes
Erin Carney - yes
Kersten Harries- yes
Benjamin Nielsen - yes
Vote 4-0

APPROVED

3. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
Block H, Amended Site Plan &amp; Final ARB approval - Draft resolution
Michael Miller stated that he is the Vice President of Hines representing Lighthouse Landing
Communities, LLC for parcel H, or also known as the Daymark building. Mr. Miller stated that
the revised engineering report prepared by Kimley Horn updated the unit bedroom count relative
to Parcel H and the flows for the diversion of Parcel F that bifurcated some of the flows from
WC1 on Beekman Avenue, and the WC2 that went to the County manhole behind the railroad
tracks. Mr. Miller requested that the Planning Board acknowledge that the calculated sewer
flows from the adjustments are below the approved Phase II estimate and that the calculations
include the new unit counts and showcase that the diversion of flow from WC1 and WC2 will
not exceed the flows approved in the previous report.
3

(1/19/23)

�Anthony Catalano stated that there are concerns relative to increased density in Phase IV and the
inconsistency in previous reports. He has discussed the concerns with the Village Engineer
handling the Will Serve process with the Department of Health and it was determined that the
Applicants engineer should complete the analysis for the pipe capacity that considers the
increased density for Phase IV.
Mr. Miller stated that they will complete an analysis of pipe capacities for future phases and the
flows as necessary, but they are asking the Board to accept that Phase II is in compliance, to
accept the engineering reports, and give them approval for the Building Permit as it relates to
Phase II.
Mr. Catalano stated that they have not be able to conduct a full review of the submitted report
and that although it seems that the calculations are correct, there are concerns for including
conditions in the approval without confirming that there are not capacity issues.
Mr. Miller stated that they are willing to work with the Village’s engineering teams to validate
the flows similar to what was required with Block F sewer capacities.
Mr. Catalano suggested that they need more time to review the latest engineer’s report and to
consider the language of the approval resolution.
Mr. Miller requested that the engineers review the report and then communicate with Sean
McCarthy and the Department of Health as to when they are satisfied so that Mr. McCarthy can
issue the Block H Building Permit.
Peter Chavkin is a Managing Member of Biddle Real Estate Ventures on behalf of Lighthouse
Landing Communities, LLC. Mr. Chavkin stated that it was his understanding that the
acceptance of the engineering report was not a condition of the resolution approval but rather a
condition that has to be satisfied for the issuance of the Building Permit. The submitted
engineering report shows that the Phase II flow, as it relates to Block H building, is neutral or
less than the previous approvals.
Benjamin Nielsen asked Peter Chavkin if Phase IV would be under their control as it relates to
flow calculations and if this approval would interfere with other current construction from other
developers.
Mr. Chavkin stated that the density for the Edge-on-Hudson Development will not change, and
there will still be 1,177 units. There are two sewer connections on the site and based on the latest
report, the planned density will want to flow to one of the manholes. There are concerns from the
engineers that the pipe flows are near capacity. The calculations will show either that there is
adequate capacity for the flows or that they will need to divert the flows between the connections
in future phases.
Kersten Harries asked Mr. Chavkin if there is a possibility that the number of bathrooms and
bedrooms proposed in future units could change and effect the calculations and the demand on
the sanitary sewer lines.
4

(1/19/23)

�Mr. Chavkin stated that they would be required to stay within the sewer capacity flow at two
connections based on the approved density of the development.
Acting Chairperson Gebler solicited comments from the consultants.
David Smith stated that Mr. Catalano and Mr. Natarelli need time to complete a full review of
the engineering report.
Mr. Nielsen asked Mr. Smith if the engineering report is a condition of the resolution or the
Building Permit.
Mr. Smith stated that the engineering report is a condition of the resolution that needs to be
satisfied before the issuance of the Building Permit and that some of the related permits have
already been issued.
Sean McCarthy stated that in efforts to expedite the construction progress, the Building
Department has issued permits for the piles, foundation, slabs, and underground plumbing.
Mr. Smith stated that the Village has allowed them to start the construction while they are
waiting for the engineering report.
Acting Chairperson Gebler stated that the Village staff needs more time to review the reports.
Mr. Chavkin requested that they work through the draft resolution with the conditions as
discussed at the January meeting.
Mr. Smith stated there is not a draft resolution before the Planning Board. Now that the Board
has received the engineering report, he can finalize the draft resolution for the next meeting.
There was a discussion between the Board and Elizabeth Darby regarding the conditions of the
resolution as they relate to submission requests and time constraints for screening, signage, and
parking agreements.
No action was taken.
4. Gabe Realty Corp., 305 North Washington Street, Proposed three-family residence
Site Plan approval- Presentation
Gregory Caccioppoli stated that he is the engineer representing the Applicant. Mr. Caccioppoli
stated that the revised application proposes a two and a half story structure with three twobedroom units. Mr. Caccioppoli stated that changes to the proposed site plan include eliminating
the three curb cuts and garage entrances on Howard Street, and proposes one curb cut on North
Washington Street to relocate the driveway entrance to the parking lot on the side of the
building. The parking area will provide the six required parking spaces on site. In order to
provide the parking on site, the plan proposes to shift the building structure outside of the
required front yard setback based on the average setback of the existing homes on Howard Street
and North Washington Street. The new plan would allow for 20% of the lot to be open green
space. Walkway entrances on Howard Street will provide access to the parking area and a
5

(1/19/23)

�walkway in the rear of the building will provide access to the parking spaces and the garbage
collection area. Mr. Caccioppoli presented a rendering of the building and stated that he has
revised the exterior elevations to mix-in different materials and to add some dimension and
separation to the units. Mr. Caccioppoli asked if the Board had questions.
Kersten Harries asked Mr. Caccioppoli if he has considered having the curb cut on Howard
Street and converting the proposed driveway running along the north border of the property into
open green space in the backyard, while also reducing the impermeable surfaces.
Mr. Caccioppoli stated that there are site distance issues to consider in putting the driveway on
Howard Street, and that access to exit the property would be a problem because they have to
measure 15 feet back from the curb and need to be able to see 200 feet in each direction.
Acting Chairperson Gelber asked Sean McCarthy if the 200 feet distance is normal to provide in
each direction.
Sean McCarthy stated Howard Street is a one-way street. The 200-foot distance relates more to a
New York State DOT requirement that would not be applicable for this application. It is at the
Boards discretion to reduce the distance.
Ms. Harries stated that the split rail fencing proposed is not in keeping with the neighborhood
and suggested changing the style of the fence. Ms. Harries suggested that Mr. Caccioppoli
provide pedestrian access to each unit entrance from Howard Street and suggested that he
consider adding front porches for each unit.
Benjamin Nielsen stated that he agrees with Kersten Harries’ suggestion and stated that having
the curb cut on Howard Street for access would be less expensive, reduce the amount of paved
surface on site, and provide for additional greenspace. Mr. Nielsen suggested utilizing the area
between the fence and sidewalk on North Washington Street for additional landscaping since the
owner will be required to maintain the space.
Mr. Caccioppoli stated that he was not aware that the applicant is permitted to plant in the
Village Right-of-Way. Mr. Caccioppoli asked the Board to confirm that the applicant cannot
install the fencing in the Right-of-Way.
Mr. McCarthy stated that the applicant could not install the fencing in the Village Right-of-Way.
Ms. Harries stated that although larger street trees would not be suitable for the Right-of-Way,
the Board encourages the applicant to consider large growth trees and native plantings for the
site landscaping.
Mr. Caccioppoli asked the Board if they are in favor of the placement of the building using the
average setbacks, or would this be something the Board would refer to the Zoning Board of
Appeals.
Ms. Harries stated that the Board supports the efforts taken to use the average setbacks for the
placement of the proposed building.
6

(1/19/23)

�Erin Carney stated that the suggestion of adding entrances to each of the units from the sidewalk
would help the building integrate with the neighborhood. Ms. Carney requested that Mr.
Caccioppoli distinguish how they will design the open spaces in terms of communal common
space or private space for each unit.
Gabriel Arango stated that he is part of the Real Estate Company with his father. Mr. Arango
agreed that having the entrance and exit drive on Howard Street would give them the opportunity
to create more green space in the back of the property.
Mr. Nielsen asked Sean McCarthy if he sees any code design standard issues with having the
curb cut on Howard Street.
Mr. McCarthy stated that the applicant should pursue the use of Howard Street for the driveway
access, as it would eliminate a lot of pavement. Because there is a driveway to the west of the
property, there may not be room for another parking space in between the driveways so this
would eliminate some of the site concerns.
Mr. Nielsen suggested that the applicant could align the parking spaces parallel to Howard Street
in lieu of the fence in order to open up more space. Mr. Nielsen suggested adding screening for
parking space #6.
Mr. Caccioppoli stated that if the driveway entrance were on Howard Street, he would relocate
parking spaces #5 and #6 and incorporate green space.
Ms. Harries asked Mr. Caccioppoli for the proposed square footage of each unit.
Mr. Arango stated that each unit is 1,100 square feet.
Ms. Harries suggested that the applicant consider having one unit per floor and providing a
continuous staircase for access to all three units might allow them to have more usable space for
each unit.
Alfie Muoio stated that he is a consultant with Westchester Modular Homes. Mr. Muoio stated
that they are seeking to provide townhouse style living by having three separate staircases and
not having tenants living above each other.
Mr. Caccioppoli shared an updated rendering, prepared to address the recent comments, and
stated that they added an overhang over the front of the building. They bumped out the center
unit further from the side units. The width of the dormers was increased and the gable accent was
changed.
Ms. Harries asked if there would be usable attic space.
Mr. Muoio stated that there would be storage only in the attic space.
Ms. Harries suggested that the applicant consider mirroring the interior layout of the east side
unit on the west side in order to provide more windows and natural light into the living room and
7

(1/19/23)

�bedrooms. Ms. Harries asked why they propose to bump out only the second floor on the rear
elevation.
Mr. Muoio stated that they were trying to stay within the building footprint when the driveway
was proposed in the back and they did not have room. Mr. Muoio stated that he would add the
first floor to be flush with the second floor. The intention of the proposed layout of the west side
was to avoid the car lights.
Ms. Harries asked Mr. Muoio if the front porch overhang is continuous.
Mr. Muoio stated that the rooflines for the center bump out and overhangs are staggered in and
out.
Ms. Harries suggested that they design the front porches and overhangs so they delineate as
separate townhouses.
Mr. Muoio stated that the front porches will be close to grade with one step-up and there will be
walkways from the sidewalk to the units. The setbacks limit the front porches and overhangs to 3
feet wide.
Erin Carney provided the Applicant’s team with a location where they could view examples of
narrow front porches in Tarrytown that provide the feeling of private space.
There was a discussion with the Board and the Applicant’s representatives regarding the options
and additional suggestions for the project design based on the relocation of the driveway
entrance to Howard Street.
No action was taken.
5. Hudson Pines, LLC, 180 Bedford Road, Amended Site Plan approval-Preliminary
Presentation
The applicant has requested an adjournment to the February 16, 2023 meeting.
No action was taken.
6. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development
Phase II Waterfront Open Space, Site Plan &amp; Wetlands Watercourse Permit Approval
Presentation
The applicant has requested an adjournment to the February 16, 2023 meeting.
No action was taken.
7. LL Parcel F, LLC, Edge-on-Hudson Riverfront Development, DeCicco &amp; Sons
Supermarket, Amended Site Plan &amp; ARB Approval- Preliminary presentation
8

(1/19/23)

�Lucio DiLeo stated that he is the Principle of Studio Rai Architects representing the Applicant
and stated that the application proposes to make two changes to the DeCicco &amp; Sons
supermarket building. Changes to the plan include the elimination of the third floor, attaching the
main entrance tower to the west of the building, and relocating the staircase and the elevator to
inside of tower. They will incorporate the original square footage of the third floor into the
second floor and the footprint of the building would not change. They propose to eliminate the
walkway along the covered roof area on the side of the building, and propose to replace it with
an open trellis to provide more green space. Mr. DiLeo presented a comparison of the renderings
from the previously approved plan and the proposed exterior building façade and stated that that
the building height is reduced approximately 5 feet. The entire roof surface will consist of
hidden solar energy cells that can produce 450 KW of power for the mechanical systems. Mr.
DiLeo described the materials proposed for the exterior and interior of the building. Mr. DiLeo
described the interior layout for the building.
Acting Chairperson Gebler asked Mr. DiLeo to describe the programming for the food court.
John DeCicco is the owner of the supermarket and stated that they propose to include indoor
event space and food court space, and possibly specialty restaurant space.
Kersten Harries asked Mr. DiLeo if the new design would combine the beer garden and the food
court on the same level.
Mr. DiLeo stated that reducing the volume of the building and combining the levels allows the
building to be more energy efficient.
Ms. Harries asked Mr. DeCicco to describe the sustainable energy solutions proposed for the
heating and cooling systems.
Mr. DeCicco stated that using solar energy is the main sustainable solution and that they are
considering the possibilities for geo-thermal as well as incorporating natural refrigerants methods
for the store.
Mr. DiLeo stated that they plan to expose the mechanical room equipment behind glass in order
to show the public the buildings heating and cooling systems consumption.
Ms. Harries asked Mr. DiLeo why they propose the material change on the tower element from
brick to metal.
Mr. DiLeo stated that the incorporation of the galvanize steel at the tower element is intended to
reduce the massing appearance of the building and to accent the historical factory look. Mr.
DiLeo stated that the new façade design would improve the views from the Beekman Avenue
elevation.
Benjamin Nielsen asked Mr. DiLeo if there would be a connective walkway from the Beekman
Avenue stairs to the main entrance.
Mr. DiLeo stated that there would be painted crosswalks from the parking lot and they can use
the covered walkway entrance as a seasonal event space.
9

(1/19/23)

�Erin Carney requested that the applicant consider how they will manage the planting scheme as it
relates to invasive species along the steep slope from Beekman Avenue.
Mr. DiLeo stated that that his firm did not design the approved landscape plan.
Craig Tompkins is the Construction Manager for Lighthouse Landing Communities, LLC. Mr.
Tomkins stated that the approved site plan includes an aggressive new planting scheme for that
location that considers the steep slope and appropriate management.
Acting Chairperson Gebler solicited comments from the consultants.
There were no comments from the consultants.
Motion was made to waive the public hearing for the Amended Site Plan application.
Moved: Carney
Seconded: Harries
Acting Chairperson Gebler - yes
Erin Carney - yes
Kersten Harries- yes
Benjamin Nielsen - yes
Vote 4-0

APPROVED

Motion was made to direct staff to prepare a draft resolution for the February 16, 2023 meeting.
Moved: Harries
Seconded: Nielsen
Acting Chairperson Gebler - yes
Erin Carney - yes
Kersten Harries- yes
Benjamin Nielsen - yes
Vote 4-0

APPROVED

8. 46 Hudson St., LLC, 46 Hudson Street, Proposed three-family residence, Site
Plan approval – Status presentation
Brian Hopkins stated that he is the architect representing the applicant. Mr. Hopkins stated that
when they presented the application the Zoning Board of Appeals last night, there were only four
members of the Board present and there were concerns received from residents of Hudson Street
related to parking. The Zoning Board adjourned the public hearing to next month. Mr. Hopkins
stated that the revised application propose to increase the side yard setback on the north side of
the building by 6 inches. This will provide a full 3 feet between the property line and the
building, reduce the requested variance, eliminate the requirement for fire-rated walls, and allow
the addition of windows. Mr. Hopkins stated that the application still proposes three units but
they eliminated the third bedroom for the duplex unit and reduced the parking requirement from
seven space to six spaces.
No action was taken.
10

(1/19/23)

�9. Approval of minutes- November 17, 2022, December 22, 2022
Motion was made to approve the minutes from the November 17, 2022 and the December 22,
2022 meetings.
Moved: Harries
Seconded: Carney
Acting Chairperson Gebler - yes
Erin Carney - yes
Kersten Harries- yes
Benjamin Nielsen - yes
Vote 4-0

APPROVED

Sean McCarthy asked Acting Chairperson Gebler if she has the confirmed meeting date for the
DPW presentation.
Acting Chairperson Gebler stated she has not confirmed the meeting date. She polled the Board
members and the consultants for their availability for February 8, 2023.
Motion was made to adjourn the meeting at 8:57 PM.
Moved: Harries
Seconded: Carney

Vote 4-0

Respectfully submitted,
Pamela Kroll
Secretary to the Planning Board

11

(1/19/23)

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