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                  <text>Village of Sleepy Hollow
Planning Board Minutes
October 19, 2023
Chairperson Harries called the regular meeting to order at 7:02 PM.
Chairperson Harries listed the Board members present and read the list of applications on the
agenda.
Present:

Kersten Harries, Chairperson
Benjamin Nielsen
Rachelle Gebler
Caroline Chen
Clare Trapasso

Also Present:

Daniel Pozin, 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

Absent:

Lindsay Krakauer

Agenda:
1) Connor and Elizabeth Ginley, 5 Evergreen Way, Single-family residence, Amended
Site Plan Approval -Draft resolution
2) Gabe Realty Corp., 305 North Washington Street, Proposed three-family residence, Site
Plan and Architectural Review Approval - Continued public hearing, Draft resolution
3) Pokahoe Riverview Manor LLC, 17 Pokahoe Drive, Proposed single-family residence,
Site Plan and Architectural Review Approval - Public hearing
4) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
Phase II- Waterfront Open Space, Site Plan &amp; Wetlands Watercourse Permit ApprovalPublic hearing
5) Hudson Pines, LLC, 180 Bedford Road, Amended Site Plan Approval- Presentation
6) Lighthouse Landing Communities, LLC, One Kingsland Owner LLC,
Contract/Vendee, Block O/P Townhome Phase II, 320-330 Legend Drive, Amended
Site Plan and Architectural Review Approval- Preliminary Presentation
7) Lighthouse Landing Communities, LLC, One Kingsland Owner LLC, Block O/P
Townhomes Phase II, 357-363 Hollows Pass, Amended Site Plan and Architectural
Review Approval - Preliminary Presentation
8) Approval of minutes, September 21, 2023
1. Connor &amp; Elizabeth Ginley, 5 Evergreen Way, Single-family residence, Amended
1

(10/19/23)

�Site Plan Approval- Draft resolution
Connor Ginley stated that the requested site plan amendment was presented last month.
Chairperson Harries solicited comments from the Board.
There were no comments from the Board.
Chairperson Harries requested that David Smith read the highlights of the draft resolution.
David Smith read the conditions of the draft resolution.
Rachelle Gebler moved to approve the resolution.
Moved: Gebler
Seconded: Nielsen
Chairperson Harries - yes
Rachelle Gebler - yes
Benjamin Nielsen - yes
Caroline Chen - yes
Clare Trappaso - yes
Vote 5-0

APPROVED

2. Gabe Realty Corp., 305 North Washington Street, Proposed three-family residence
Site Plan and Architectural Review Approval- Continued public hearing, Draft
resolution
Chairperson Harries moved to open the public hearing.
Moved: Harries
Seconded: Nielsen

Vote 5-0

Chairperson Harries asked Mr. Caccioppoli to describe the changes made to the site plan
drawings since the September meeting.
Greg Caccioppoli stated that he is the engineer representing the applicant. Mr. Caccioppoli
summarized the changes included in the revised site plan drawings.
Chairperson Harries suggested that the applicant eliminate gas for cooking and consider electric
induction ovens.
Chairperson Harries solicited comments from the public.
There were no comments from the public.
Chairperson Harries solicited comments from the Board and consultants.
James Natarelli asked Mr. Caccioppoli to clarify the proposed grading on the west side of the
property and to confirm that stormwater runoff will be contained on the property.
2

(10/19/23)

�Mr. Caccioppoli stated that a driveway is adjacent to the applicant's property on Howard Street.
Mr. Caccioppoli stated that a 2-foot tall retaining wall supports the 305 North Washington Street
property at the sidewalk. Mr. Caccioppoli described the gradual slope elevations along the
property line along Howard Street and stated that the grading should contain the stormwater
runoff.
Chairperson Harries asked David Smith if a draft resolution was prepared.
Mr. Smith stated that if the Board wishes to approve the application, a confirmatory resolution
could be prepared for the next meeting.
Benjamin Nielsen asked Mr. Caccioppoli why the basement area was labeled as storage when the
approved variances allow for bedrooms.
Mr. Caccioppoli stated that the owner was not planning on using the basement space as
bedrooms and requested that the areas be labeled as storage.
Mr. Nielsen asked Mr. Caccioppoli to confirm the basement is egress compliant for future
bedroom occupancies.
Mr. Caccioppoli stated that the basement is egress compliant for occupancy.
Mr. Nielsen asked Sean McCarthy if there would be issues using the spaces as bedrooms.
Mr. McCarthy stated if the site plan is approved as unfinished storage space in the basement,
permit approvals and compliance with the Energy Code would be required to convert the space
into bedrooms. Mr. McCarthy stated that the windows are egress compliant and sized to meet the
emergency escape and rescue requirements.
Benjamin Nielsen moved to approve the application and direct staff to draft a confirmatory
resolution for the November 16, 2023 meeting.
Moved: Nielsen
Seconded: Gebler
Chairperson Harries - yes
Rachelle Gebler - yes
Benjamin Nielsen - yes
Caroline Chen - yes
Clare Trappaso - yes
Vote 5-0

APPROVED

3. Pokahoe Riverview Manor LLC, 17 Pokahoe Drive, Proposed single-family residence,
Site Plan and Architectural Review Approval - Public hearing
Chairperson Harries read the public notice.
Rachelle Gebler moved to open the public hearing.
3

(10/19/23)

�Moved: Gebler

Seconded: Harries

Vote 5-0

Michael Finelli stated that he is the architect representing the applicant. Mr. Finelli stated that the
applicant demolished a 1-1/2-story split-level house. The proposed house is designed around the
natural topography of the lot. The proposed house is sited to allow for the construction of a
driveway on the right side of the property leading to a two-car garage underneath the house. Mr.
Finelli described the floor plans for the first and second floors and stated that the rooms are
designed to optimize the views of the river. Mr. Finelli described the floor plan for the walk-up
attic and stated that the applicant intends to use the rear dormer area as storage, but the space
could be permitted as an additional bedroom or finished space. Mr. Finelli summarized the
materials proposed for the exterior facades. Mr. Finelli stated the proposed size of the house is
5,192 square feet and includes measuring from the outside perimeter of the house. The proposed
height is 29 feet, 11 ¼ inches, where 35 feet is allowed.
Sean McCarthy requested that Mr. Finelli describe the proposed basement level and the pool.
Mr. Finelli described the proposed room and uses in the basement level. Mr. Finelli described the
proposed rear patio areas and stairs leading to a pool in the backyard.
Greg Caccioppoli stated that he is the engineer representing the applicant. Mr. Caccioppoli
described the changes to the Site Plan related to the proposed retaining walls. Mr. Caccioppoli
stated that he is working with James Natarelli to resolve grading concerns in the front yard.
Chairperson Harries asked Mr. Finelli if the back of the house is proposed to extend further back
than the demolished house.
Mr. Finelli stated the proposed house would sit 14 feet further back than the original.
Chairperson Harries solicited comments from the public.
Mel Lederman stated that he lives at 14 Pokahoe Drive. Mr. Lederman questioned how the
clearance on the south side of the proposed house compares to the previous house.
Mr. Caccioppoli stated that the clearance on the south side of the previous house was
approximately 20 feet, and the proposed setbacks on the south side are 11.5 feet to 13 feet.
Sean McCarthy stated that the original south setback was 27.4 feet.
Chairperson Harries stated that the clearance on the south side was reduced by more than half.
Ronald Pohl stated that the proposed location of the house is to accommodate the driveway.
Chairperson Harries asked if the applicant considered reducing the width of the driveway to
provide more space on the south side of the property and to keep the 44” diameter Oak tree.
There was a discussion between the Board and the applicant team regarding the width and slope
of the driveway and the backup space required for the garage.
4

(10/19/23)

�Rachelle Gebler requested that the applicant provide a turning radius study for the garage.
Rubert Cox stated that he lives at 21 Pokahoe Drive. Mr. Cox asked how the proposed house
height of 29 feet, 11 inches, was measured.
Mr. Finelli stated that the height was measured using the average curb and the mean roof height.
Chairperson Harries asked Mr. Finelli to provide the ridge height.
Mr. Finelli stated that the total ridge height is 37 feet and is in conformance with the Code.
Mr. Cox asked Mr. Finelli how the 37 foot ridge height compares with other houses on the street.
Chairperson Harries stated that the Board discovered discrepancies in the neighborhood
elevation study and the accuracy of the proposed house height.
Mr. Caccioppoli requested that a specific example be provided.
There was a discussion between Mr. McCarthy and Mr. Caccioppoli regarding the ridge height
calculations provided on the elevation study as compared with the architectural drawings.
Benjamin Nielsen stated that the Board requested the elevation study to determine the massing of
the proposed building related to the neighboring properties.
Chairperson Harries requested that Mr. Caccioppoli revise the elevation study to show the
proposed ridge height accurately and provide a balloon test on the property to demonstrate the
proposed ridge height on site.
Ann Cox stated that she lives at 21 Pokahoe Drive. Mrs. Cox stated that the proposed three-story
house would be out of place with the other houses on the street due to its size and height.
Mr. Finelli provided examples of the other residences on the street and stated that the existing
homes were built in the 50’s and 60’s and that there would be bigger houses constructed as
properties are sold.
Rachelle Gebler stated that the job of the Planning Board is to look at the neighborhood as it is
now and not to predict the future. Ms. Gebler stated that the light-colored brick makes the bulk
of the house appear larger. Mr. Gebler requested that the applicant stake the corners of the
proposed house.
Mr. Nielsen provided examples of the homes on Pokahoe Drive that were recently constructed or
renovated and stated that all of the houses are two stories or less. There have been a lot of
investments and significant projects in the area that did not request the maximum height
permitted by the code.
Mr. Finelli stated that they designed the house within the code requirements. If the Board feels
there is a different way they would like them to go, it would have been helpful to hear the
comments months ago.
5

(10/19/23)

�Chairperson Harries stated that the Board had expressed their concerns about the size of the
house and that it is why they requested the elevation studies. The comments received from the
public are in line with the Board’s original comments.
Mr. Pohl stated that the proposed house will fit into the neighborhood, and the materials will be
rustic.
Rachelle Gebler stated that the first public hearing is not the time for the applicant to rebut every
comment the Board or the public provides. Ms. Gebler stated that they should be listening and
considering the comments provided. Having the balloon test and the corners staked on the
property will give the public a sense of the proposed project.
Mr. Finelli stated that the Board seems to have issues with the proposed height, width, location
on site, and depth of the house. Mr. Finelli requested that the Board provide him with direction
for moving forward other than starting over.
Caroline Chen suggested that incorporating wood materials and having more large trees in the
front yard setback would allow the design of the house to blend better with the neighborhood's
character within the nature preserves.
Mr. Nielsen stated that the applicant should provide the correct information on the massing
comparison studies and the ground slope elevations.
Mr. Pohl stated that the proposed brick design and landscaping will be soft and uniform. Mr.
Pohl stated that the project has been going on for a long time and that he will not build a smaller
house. Mr. Pohl requested that the Board provide direction for moving forward.
Sean McCarthy stated that a public hearing was scheduled because this was the first time the
application was deemed complete for review.
Chairperson Harries stated the next steps are for the applicant to set up the balloon test, stake out
the perimeter of the building on the site, and consider the comments received. The public hearing
will be continued next month.
Ms. Chen requested that the applicant address the drainage issues raised by the owners of 15
Pokahoe Drive.
Correspondence was received from Roy and Joan Behren, dated 10/19/23 ( See Exhibit #1)
James Natarelli requested that Mr. Caccioppoli describe how the drainage will be handled along
the driveway and the north property line. Mr. Natarelli asked if improvements are proposed at
the base of the wall along the property line.
Mr. Caccioppoli stated that soil testing was completed and confirmed that percolation rates can
support infiltration. The driveway runoff will be captured via a drain inlet in the driveway and
brought to the infiltration system. The curbing on the driveway will contain stormwater runoff.
6

(10/19/23)

�Mr. Caccioppoli stated that swales are proposed at the base of the wall to help convey the runoff
along the property line to the rear.
Mel Lederman stated that many trees were removed before filing for the site plan. Mr. Lederman
requested that the tree on the southwest side of the property along the river remain because the
eagles and the hawks use it, and trimming it has already disturbed their patterns.
There was a discussion regarding the proposed tree removals and suggestions for canopy trees in
the front yard.
Correspondence was received from Rupert Cox, owner of 21 Pokahoe Drive, dated 10/18/23, and
Ryan Demler, owner of 19 Pokahoe Drive, dated 10/19/23 (See Exhibits #2 and #3)
Rachelle Gebler moved to adjourn the public hearing to the November 16, 2023 meeting.
Moved: Gebler
Seconded: Trapasso
Vote 5-0
4. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
Phase II –Waterfront Open Space, Site Plan &amp; Wetlands Watercourse Permit ApprovalPublic hearing
Chairperson Harries read the public notice.
Benjamin Nielsen moved to open the public hearing
Moved: Nielsen
Seconded: Gebler

Vote 5-0

Andrew Tung is an associate with DTS Provident, representing the applicant. Mr. Tung stated
they are requesting approval for two of the Phase II Waterfront Open Space areas. The areas
include the third section of Tappan Zee Park and the North Buffer between Hollows Pass and
Kingsland Point Park. The designs have been refined for connectivity and landscaping between
Tappan Zee Park, the future waterfront open space, Kingsland Point Park, and adjoining features
such as the Lighthouse.
Terry Fitzpatrick is an associate with Nelson Byrd Woltz Landscape Architects. Mr. Fitzpatrick
presented the proposed plan and stated that refinements were made to include expanded planting
areas and eased slopes along the North Buffer. A secondary path was added to Kingsland Point
Park through the North Buffer. A raised pedestrian crosswalk and loading areas were added
along Hollows Pass for park access. Mr. Fitzpatrick presented precedent images to illustrate the
proposed meadow plantings and the lawn pathways.
Benjamin Nielsen asked Mr. Fitzpatrick to provide details on how drainage and infiltration will
be managed for the pathways in the North Buffer area and to describe how planting choices were
considered for a wetland area.
Mr. Fitzpatrick stated that the proposed species of plantings would adapt to the wet and low line
conditions of the North Buffer and would stabilize the soil.

7

(10/19/23)

�Mr. Nielsen asked Mr. Fitzpatrick to describe how the Westchester County bulkhead area and
trail at the beach area will integrate with their plan and how the social pathway running through
Kingsland Point Park will be incorporated for future circulation.
Mr. Fitzpatrick stated that the pathway alignment has been updated to align with the Kingsland
Point Park bulkhead.
Peter Chavkin is the President of Lighthouse Landing Communities, LLC. Mr. Chavkin stated
that the proposed pathway would meet the sidewalk bulkhead and the social pathway. The
existing pathway going to the Lighthouse is unchanged in the current plan. Mr. Chavkin stated
that there will be a future submission that will improve the access and connectivity.
Chairperson Harries stated that there has been a lot of work and conversations during work
sessions related to the North Buffer and how the last leg of the Waterfront Open space will be
designed. The agreements and studies must come together for the Board to pass a resolution.
Mr. Chavkin stated they are working on the agreement to commit to an accelerated time frame
for submiting a plan for the balance of the Waterfront Open Space. Mr. Chavkin stated that the
agreement should be finalized with the Village Attorney for the next meeting. Mr. Chavkin
stated that the contour of the North Buffer was designed to accommodate water and drainage
events that may come from the East Parcel. He acknowledges that the Village Engineer has
remaining questions about the completed modeling studies. Their team is working to address
their questions and is scheduling a meeting to discuss further. He is confident they can provide
the information to show that the contours designed would provide an adequate drainage solution
before the next meeting.
Mr. Nielsen stated that integrating the drainage infrastructure needs is an essential part of the
proposed plan. Since the amount of water drives the contours, if the engineers determine the
inputs change regarding the amount of water that may come through the East Parcel during a
storm event, the current plan would need refinements to the channel before the Board considers
the space as “theirs forever.”
Mr. Chavkin stated that he doesn’t see the concern as controversial. If the models developed by
the team indicate that more drainage is coming across the site, they agree to put in more
plantings or make other adjustments to make it feel less like infrastructure and more like a park.
There were no public comments.
Mr. Nielsen moved to adjourn the public hearing to the November 16, 2023, meeting and
directed staff to prepare a draft resolution.
Moved: Nielsen
Seconded: Gebler
Vote 5-0

5. Hudson Pines, LLC, 180 Bedford Road, Amended Site Plan Approval - Presentation
Chairperson Harries stated that the Board members visited the site and that she appreciates Ms.
Martelli for setting up the displays to show the proposed height of the wall.
8

(10/19/23)

�Kimberly Martelli stated that she is the principal of KTM Architect, representing the applicant.
Ms. Martelli presented renderings and summarized the details and locations for the proposed site
retaining and garden walls, grading, landscaping, and pathway as viewed from Bedford Road.
Ms. Martelli stated that she would address the concerns of James Natarelli related to impervious
surfaces and utilities in an amended submission.
Chairperson Harries solicited comments from the Board.
Benjamin Nielsen asked Ms. Martelli to confirm the height of the proposed elevated garden wall
and to describe the purpose of the 12-foot wide area at the corner between the terraced wall area
and if more significant plantings could be incorporated.
Ms. Martelli stated the highest peak of the garden wall above the courtyard is 12 feet, 1 inch high
in the center, with a planted buffer. There will be ground plantings on either side of the service
pathway that are not shown on the landscape plan. The non-residential service pathway is
proposed for the workers who maintain the site.
Chairperson Harries stated that the Board suggests adding more plantings to screen the view of
the wall and in front of the chain link fence in the right-of-way along Bedford Road.
Ms. Martelli stated that she would have to consult with the Department of Transportation and the
owner’s property manager on the permitted plantings and required maintenance in the right-ofway.
David Smith asked Ms. Martelli if the service pathway pavers could be shifted north and closer
to the wall in the corner to allow for more plantings on the other side.
Ms. Martelli stated that she could discuss with the landscape architect to check if additional
plantings would be an issue with the depth required to construct the retaining wall footings.
Chairperson Harries moved to refer the application to the Zoning Board of Appeals with the
recommendations received regarding plantings and to schedule a public hearing for the
November 16, 2023 Planning Board meeting, pending ZBA approval.
Moved: Harries
Seconded: Gebler
Vote 5-0
6. Lighthouse Landing Communities, LLC, One Kingsland Owner, LLC, Contract/Vendee,
Block O/P Townhome Phase II, 320-330 Legend Drive, Amended Site Plan and
Architectural Review Approval- Preliminary Presentation
William McGuiness presented as Contract/Vendee for the application. Mr. McGuiness stated that
he is accustomed to building under the New York Residential Code. He recently discovered that
he must comply with the New York Building Code because the townhomes are four stories.
Mr. McGuiness stated that the New York Building Code states that when an elevator is installed,
the entire home must be a Type A Accessible unit.
Chairperson Harries stated that elevators were discussed when Block J townhomes were being
constructed, and it was determined that because the units were single-family residential
9

(10/19/23)

�townhomes, not multi-family dwellings, elevators were not required in all of the units. So the
question would be if the site easily allows for accessibility and if it is required for all units.
Mr. McGuiness stated that he would like to offer elevators for all of the units. The interior
townhome units are easy to accommodate, and the issues arise with the units that front municipal
space. The goal of the townhome design is to keep an “entry front stoop feeling” so there is a
vertical separation between the home and the sidewalk. Mr. McGuiness presented two options
for providing accessibility in the units located at 320-330 Legend Drive, which are 20 feet or 22
feet wide. Mr. McGuiness presented two options for providing accessibility in the units located
at 357-363 Hollows Pass, which are 24 feet wide. Mr. McGuiness stated that he prefers to alter
the primary front entrance on all of the townhome units and add a stair lift inside the home for
access to the first-floor level.
Chairperson Harries stated that her preference would be eliminating the need for an interior chair
lift if an elevator is installed.
Chairperson Harries asked Mr. McGuiness to provide a breakdown of the units requiring an
interior lift for the three stairs.
Mr. McGuiness stated that all Type A units require all the rooms, such as the bathroom and
bedroom, to be accessible.
Benjamin Nielsen asked Mr. McGuiness to confirm that all of the units on Hollows Pass and the
exterior units on Legend Drive could be altered to have a secondary accessible entrance without
changes to the front entry stoop. Mr. Nieslen stated that offering accessibility for most of the
units seems acceptable.
Mr. McGuiness stated that Mr. Nielsen is correct.
Chairperson Harries asked Mr. McGuiness if the entry be altered to locate the elevator at the
entry to eliminate the need for a lift for the three stairs.
Peter Chavkin stated that the elevators can not be constructed near the front entry. Mr. Chavkin
said they prefer to drop the front doors down and move the three steps to the unit's interior.
Chairperson Harries stated that the Board will not decide tonight as they need to weigh in on
whether accessibility is necessary in all the units and the best option for providing it.
Mr. Chavkin stated that they expect the potential buyers to be on the older side of the spectrum,
and the ability to offer an elevator is critical. They finished driving the piles on Legend Drive
and are interested in finalizing the construction plans where two model units will be used for
sales. Lowering the walkway with the capability of adding the interior stair lift enables them to
sell the units as code-compliant accessible.
Sean McCarthy asked Mr. Chavkin if they are proposing the installation of the elevator without
the interior stair lift.
10

(10/19/23)

�Mr. Chavkin stated that the proposal would include a rough-in for the stair lift and provide it as
an option. The elevator would be installed without the lift as required by Type B.
Mr. McCarthy stated that the requirements for Type B compliance are triggered when you offer
the elevator option.
Mr. McGuiness stated that his Code Consultant stated that Type B requires that the blocking and
the power be installed for the lift option, similar to bathroom grab bar blocking requirements.
There was a discussion with the Board and the applicants regarding the options.
Mr. McGuinnes stated that the decision is urgent for construction and sales efforts. Mr.
McGuiness agreed to schedule a meeting with the Building Department to discuss the
requirements.
No action was taken.
7. Lighthouse Landing Communities, LLC, One Kingsland Owner, LLC, Contract/Vendee,
Block O/P Townhome Phase II, 357-363 Hollows Pass, Amended Site Plan and
Architectural Review Approval- Preliminary Presentation
This application was discussed in the presentation for 320-330 Legend Drive.
8. Approval of minutes, September 21, 2023
Clare Trapasso moved to approve the minutes as amended.
Moved: Trapasso
Seconded: Gebler
Chairperson Harries - yes
Rachelle Gebler - yes
Benjamin Nielsen - yes
Caroline Chen - yes
Clare Trapasso - yes
Vote 5-0

APPROVED

Benjamin Nielsen moved to adjourn the meeting at 9:33 PM.
Moved: Nielsen
Seconded: Trapasoo

Vote 5-0

Respectfully submitted,
Pamela Kroll
Secretary to the Planning Board
11

(10/19/23)

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