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                  <text>Village of Sleepy Hollow
Planning Board Minutes
February 22, 2024
Chairperson Harries called the regular meeting to order at 7:04 PM, read the list of the
applications on the agenda, and identified the members of the Board present.
Present:

Kersten Harries, Chairperson
Rachelle Gebler
Lindsay Krakauer
Richard Gross

Also Present:

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

Absent:

Caroline Chen
Benjamin Nielsen
Clare Trapasso

Agenda:
1) Francesco Alesci, 135 Beekman Avenue, Proposed 14-unit apartment building, Site Plan
Approval Extension- Draft Resolution
2) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
Phase II- Waterfront Open Space, Site Plan &amp; Wetlands Watercourse Permit ApprovalContinued Public Hearing
3) Todd and Wendi Strier, 5 Birch Close, Proposed additions and alterations, Site Plan
Approval- Continued Public Hearing
4) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
Phase I, Block A, Sanitary sewer easement, Amended Site Plan Approval- Discussion
5) AECOM, 52-60 Elm Street, Soil vapor extraction and interim remedial measures, Site
Plan Approval- Presentation
6) SDC Lighthouse Landing Realty, LLC, Edge-on-Hudson Riverfront Development,
Proposed medical office building, Site Plan and Architectural Review Approval Presentation
7) Marcelo Poguio, 80 Depeyster Street, Proposed three-family residence, Site Plan and
Architectural Review Approval- Preliminary Presentation
8) LLC Parcel H, LLC, 2 Lighthouse Landing, proposed signage, Architectural Review
Approval- Preliminary Presentation
9) LL Parcel E, LLC, Block O/P Townhomes One, Proposed backflow device enclosureAmended Site Plan Approval- Preliminary Presentation
1

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�10) Lighthouse Landing Communities, LLC, Phase III, Block Q, Proposed concrete
crushing operation, Site Plan Approval - Preliminary Presentation
11) Lighthouse Landing Communities LLC, Zoning Code Amendment Petition, Section
450-38- Height exceptions- Discussion
12) Approval of minutes, December 21, 2023, January 18, 2024
1. Francesco Alesci, 135 Beekman Avenue, Proposed 14-unit apartment building, Site Plan
Approval extension – Draft Resolution
Maximillian Mahalek stated that he is the applicant's attorney from Cuddy + Feder LLP. Mr.
Mahalek stated that he agrees with the Board's suggestion to grant a (1) one-year extension for
the Site Plan and Architectural Review Board's approval.
The Planning Board suggested granting one-year extensions of both approvals to February 22,
2025.
David Smith read the resolution.
Lindsay Krakauer moved to approve the resolution.
Moved: Krakauer
Seconded: Gross
Chairperson Harries- yes
Lindsay Krakauer- yes
Rachelle Gebler- yes
Richard Gross- yes
Vote 4-0
2. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
Phase II- Waterfront Open Space, Site Plan &amp; Wetlands Watercourse Permit ApprovalContinued Public Hearing
Chairperson Harries moved to open the public hearing.
Moved: Harries
Seconded: Krakauer

Vote 4-0

Peter Chavkin is an associate of Biddle Real Estate Ventures, representing Lighthouse Landing
Communities, LLC. Mr. Chavkin presented the revised site plan and stated that they propose
additional crosswalks to create pedestrian connections on Hollows Pass at the midpoint of the
park between Blocks O &amp; P and to tie into the sidewalk at the roundabout. The Sleepy Hollow
Local Development Corporation engaged WSP to complete the flow calculations and flooding
model in the East Parcel and how it would affect the West Parcel. Lighthouse Landing
Communities, LLC worked with WSP and the Village entity to design the North Buffer to
accommodate the flow calculations and capture the needed volumes away from the residences.
Woodard and Curran’s reviews concluded that the flow calculations are overstated and that the
North Buffer has been designed more conservatively than necessary. If Woodard &amp; Curran’s
conclusions are proven, the North Buffer could be graded and planted differently to create a
more enjoyable park. Mr. Chavkin stated that WSP stands by its modeling techniques and
2

(2/22/24)

�believes the flow calculations are correct. Completing the North Buffer is a Special Permit
requirement for Certificates of Occupancy of the townhomes along Hollows Pass. Mr. Chavkin
stated that if FEMA determines that the flow calculations are lower, he would come back and
propose a new design. Mr. Chavkin requested that the Planning Board grant approval to build
the current design with a clause in the resolution or a separate agreement, holding them
responsible for returning to the Planning Board and changing the North Buffer.
Chairperson Harries asked Mr. Chavkin when they anticipate completing the townhomes on
Hollows Pass and the North Buffer.
Mr. Chavkin estimated the first townhome building on Hollows Pass will be completed by May
2025, and they would like to complete the plantings this spring. He agrees to construct the North
Buffer twice if their engineer is wrong.
Chairperson Harries asked Mr. Chavkin if adding another walking path in the middle of the park
is possible and when will the design for the balance of the Waterfront Open Space will be
completed.
Mr. Chavkin stated that he would review the request with their engineer. Mr. Chavkin stated that
they are working on plans to accommodate waterfront access and should be ready to discuss the
designs in a Work Session shortly after the North Buffer is approved.
Chairperson Harries requested that David Smith start working on the draft resolution.
Rachelle Gebler moved to adjourn the public hearing to the March 21, 2024 Planning Board
meeting.
Moved: Gebler
Seconded: Krakauer
Vote 4-0
3. Todd and Wendi Strier, 5 Birch Close, Proposed additions and alterations, Site Plan
Approval - Continued public hearing
Chairperson Harries invited the applicant to present the application.
Frank Marsella is the architect representing the applicants. Mr. Marsella presented neighboring
property studies that included photographs, square footage, and heights of other houses. Mr.
Marsella stated that homes built in the 1950s range from 2,500 to 3,000 square feet. Homes that
appear new or renovated range from 4,000 to 5,500 square feet. The study was based on
information found online for the first and second floors and may not include basement or garage
square footage. Mr. Marsella presented an average height analysis based on the relationship
between the front of the houses and the curb line. Mr. Marsellas stated that the applicant’s house
sits below the curb line and proposes a height of 21.6 feet, where the Zoning Code permits 35
feet. Mr. Marsella stated that they propose 375 square feet of flat-roofed area in the rear of the
house for solar panels.
Chairperson Harries stated that the information provided shows that the application complies
with the Zoning Code and is within the average size range of other homes in the neighborhood.
3

(2/22/24)

�Alan Pilch is the project engineer. Mr. Pilch presented the revised site plan and stated that the
changes propose the creation of a 10-foot-wide Village access easement from Birch Close to the
center line of the existing 18-inch diameter drain pipe that traverses the property southeast to the
northwest. As requested by the neighboring property owner, they propose to replace the White
Fir trees near the garage with smaller Rhododendrons, Witch Hazel, and Mountain Laurels.
Three street trees have been added to the streetscape frontage. A distribution box was added to
the north edge of the utility plan to dissipate the velocity from the sewage ejector pump, which
carries the waste water out of the house.
Jennifer Grey stated that she is an attorney with the law firm of Keane &amp; Beane, assisting with
the process for two access easements. Ms. Grey stated that legal issues were raised in the second
objection letter submitted by the owners of 34 Hemlock Drive, expressing their concerns with
the views being impacted over the applicant's property. Ms. Grey quoted part of the letter that
cited “ property rights regarding protected view corridors of the adjacent owners”
Ms. Grey stated that the applicants revised the landscape plan to propose shorter trees to respect
and preserve the neighbors' views of the river. Ms. Grey stated that she reviewed the applicable
title documents for 5 Birch Close and is unaware of any rights held by the owners of 34 Hemlock
Drive or any other property owner over the Striers property. There is no view shed easement or
similar document in the chain of title for 5 Birch Close; therefore, there are no legally protected
view shed rights over private property. Ms. Grey said it was discovered that the Village doesn’t
have an easement for the existing drainage pipe. The Applicants are offering an access easement
for the Village Infrastructure, including an extension of the drainage pipe and maintenance
improvements to cover the pipe and create a safer condition on the property.
Chairperson Harries solicited comments from the public.
Robert Tobey stated that he is the owner of 34 Hemlock Drive. Mr. Tobey stated that the State
of New York recognizes the value of view shed corridors, and a Hudson Valley law mandates
that view shed corridors be maintained for public and private use. Mr. Tobey stated that he
looked at the Village guidelines for development, which date back to 2011 when the property
was being transferred from General Motors to the Village of Sleepy Hollow. Mr. Tobey stated
that the document clearly states that one of the development issues is maintaining physical and
scenic access to the Hudson River. Mr. Tobey stated that he appreciates the owners' effort to
reduce the size of the trees. Mr. Tobey stated that the house is rather large for the community.
There are 205 houses in Sleepy Hollow Manor, and none are as large as this house. This house
will set a standard of difference for the community. The view from his dining room window will
be filled with a building. Mr. Tobey submitted a photograph to the Board.
(See attached Exhibit #2)
Chairperson Harries stated that the LWRP speaks to view sheds from the street between the
existing homes. The setback laws that require homes to be a certain distance from the property
lines protect views of the Hudson River from the street. The Planning Board weighs the
appropriateness of houses in the neighborhood. If there are concerns about the size of homes
permitted, the next step would be to go to the Board of Trustees to recommend changes to the
Zoning Code. The proposed application for 5 Birch Close complies with the Village’s Zoning
Code.
Chairperson Harries solicited additional comments from the public.
4

(2/22/24)

�There were no additional comments from the public.
Chairperson Harries stated that comments received from the public will be part of the record and
included in the meeting minutes. (See attached Exhibit #1)
James Natarelli requested that the engineering plans be updated to reflect the proposed
improvements for the drainage easement.
Chairperson Harries requested more detail on the proposed drainage pipe improvements.
Ms. Grey stated that they propose to extend the drainage pipe further to the west and to cover it.
Mr. Pilch stated that 20-30 feet of the pipe is exposed. The pipe has caused erosion, extending
the wetland into the owners' property. They propose supporting the pipe with soil and regrading
the slope so the Village can maintain it.
Mr. Gross asked David Smith how far the applicant could extend the pipe into the wetlands.
David Smith stated that the applicant can extend the pipe as far as they want with additional
mitigation plantings if they plan to disturb more wetlands than originally anticipated.
Ms. Grey stated that maintaining Village Infrastructure would be exempt from the wetland
permit and mitigation requirements.
Chairperson Harries moved to close the public hearing.
Moved: Harries
Seconded: Krakauer

Vote 4-0

Chairperson Harries requested that a draft resolution be prepared for the March 21, 2024
Planning Board meeting pending receipt of the revised drawings.
4. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
Phase I, Block A sanitary sewer easement, Amended Site Plan Approval-Discussion
Craig Tompkins is the representative for Lighthouse Landing Communities, LLC. Mr. Tompkins
stated that the application proposes the installation of a sewer manhole in the driveway of the
approved DeCicco retail building. Mr. Tompkins stated that the draft maintenance agreement and
exhibits are ready for approval. The Westchester County Department of Health could be a fourto six-month approval process. Since the buildings are under construction, they are pressed for
time to get the application approved for installation.
Mr. Tompkins stated that with the introduction of the medical office building, they are proposing
work to the water line. Mr. Tompkins presented the proposed easement location and stated that
two 6-inch water line stubs were installed in 2017 in anticipation of retail development. They
propose installing a water line running to the rear of the Market Retail Building.
Chairperson Harries asked Mr. Tompkins if DeCiccos Market has their water line off Legend
Drive.
5

(2/22/24)

�Mr. Tompkins stated that the approved plan included opening Legend Drive and installing a
6-inch and a 2-inch water line to serve the DeCicco supermarket; and is planned to be completed
in the spring.
James Natarelli questioned if the two services shown on Legend Drive were proposed but not
stubbed out.
Mr. Tompkins stated that the two services were not proposed when the Market Retail building
was approved because they believed the two 6-inch lines would be adequate. After confirming
the interior layout of the market retail building, they determined it would be better to run the
water line to the rear rather than going under the building from Legend Drive. They propose
eliminating the two services on Legend Drive and having one 6-inch stub serving the DeCicco
Market building and the other 6-inch stub serving the medical office building.
Chairperson Harries asked Mr. Tompkins to confirm the water lines they are discussing are to
remain private.
Peter Chavkin is an associate of Biddle Real Estate Ventures, LLC. Mr. Chavkin requested that
the water services remain private and not be included in the sanitary sewer easement agreement.
Mr. Chavkin requested that the Board approve the sewer easement so that the Will Serve letter
and form can be prepared and submitted to the Department of Health. They want to ensure that
water and sewer services are installed to fulfill the obligation to have a public restroom in the
Market Retail building. Mr. Chavkin stated that a public water main extension is unnecessary. If
a public water main extension is required, the Medical Office Building developer is responsible
for amending the maintenance agreement and getting the Department of Health approval.
Mr. Natarelli asked Mr. Tompkins if this proposal was discussed with the developers of the
Medical Office Building.
Mr. Tompkins stated that Mark Gratz from DTS Provident Engineering is the engineer for both
applications, and this has been discussed with the Medical Office Building developers.
Mr. Natarelli stated that the proposed second private water line and hydrant would require a large
preventer and asked Mr. Tompkins where that would be located.
Mr. Tompkins stated that the Medical Office Building developers are working with Mr. Gratz to
determine the location of the backflow equipment.
Mr. Natarelli stated that the sewer easement agreement and the Medical Office Building plan
should be considered in parallel, and he is concerned about approaching them separately.
Chairperson Harries solicited comments from the Board.
Richard Gross asked Mr. Tompkins where they would pick up the water service behind the
building.
6

(2/22/24)

�Mr. Tompkins stated they propose connecting the water line on Legend Drive to the two 6-inch
stubs.
Mr. Gross asked Mr. Tompkins where the hydrant will be located.
Mr. Tompkins stated that the hydrant will be part of the Medical Office Building application.
The Market Retail Building Site Plan was approved without a hydrant.
Mr. Natarelli asked Mr. Gratz about the horizontal separation between the water and sewer lines.
Mr. Gratz is an engineer with DTS Provident Engineering. Mr. Gratz stated that the plan is a
service model with a horizontal separation of approximately 12 feet.
Mr. Natarelli stated that if the service becomes a public water main, it would not meet the Board
of Health separation requirements.
Mr. Gratz stated that the current plan shows the service connection from the valve on the left
southern edge to serve the Market Retail Building, and the connection on the right to feed the
Medical Office Building. If they use the connection on the right of the proposed water line
connections, they will have the required horizontal separation for a public water main.
Mr. Natarelli asked if the proposed medical building would prevent the water main separation
from being further out.
Mr. Gratz stated that there are options for a publicly dedicated water main extension or a private
hydrant. One option would be to service the connections from the building going out and
eliminate the second connection.
Mr. Natarelli stated that he needs to analyze applications to anticipate water and sewer issues and
determine whether other options would comply with the Board of Health. Mr. Natarelli asked
Mr. Gratz to confirm that they have looked at a solution that would comply with the Department
of Health requirements.
Mr. Chavkin stated they would continue working with Mr. Natarelli to address his concerns and
requested that the Board consider drafting a resolution for approval at the next meeting.
Chairperson Harries asked Mr. Chavkin for the anticipated completion date for DeCicco’s
Market and Retail buildings.
Mr. Chavkin said he would ask the developers and inform the Board at the next meeting.
Chairperson Harries asked David Smith to prepare a draft resolution for the March 21, 2024
meeting.
5. AECOM, 52-60 Elm Street, Soil vapor extraction interim remedial measures,
Site Plan Approval - Presentation
7

(2/22/24)

�Kelly Lurie is an associate of AECOM. Ms. Lurie stated that updated site plans include shifting
the treatment structure northeast so it will not be adjacent to the new buildings at 30 Andrews
Lane. They propose to change the privacy fencing material from chain link to an 8-foot high
stockade fence. Ms. Lurie stated that the applicant is comfortable with a Village artist putting a
mural on the front of the structure facing the parking lot.
Ms. Krakauer requested that Ms. Lurie confirm if the exhaust stack could be moved to the
parking lot-facing side, or shifted further away from the adjacent buildings.
Mr. Lurie stated that she would address the request with the team.
Sean McCarthy asked Ms. Lurie if there was a minimum distance from the discharge point to the
operable window
Ms. Lurie stated that she wasn’t sure.
Mr. Lurie described the sedimentation and erosion control methods proposed during the
construction and operation phases of the project. The concrete pad and the treatment system will
slope toward the parking lot to direct stormwater. Ms. Lurie stated that a vegetation restoration
plan includes the plantings currently on-site, recommendations on whether they should be
removed, moved or replaced, and a schedule of proposed plantings. Ms. Lurie stated that the
restoration plan may be subject to change based on conditions found during excavation and
construction.
Chairperson Harries asked James Natarelli if the applicant addressed all the stormwater
concerns.
James Natarelli stated that the presentation verbally addressed his questions.
Mr. McCarthy asked Mr. Lurie how they proposed to get power to the treatment structure.
Ms. Lurie stated that she didn’t include how to get power and would add to the list of items that
must addressed.
Chairperson Harries moved to schedule a public hearing for the March 21, 2024 Planning Board
meeting.
Moved: Harries
Seconded: Krakauer
Chairperson Harries- yes
Lindsay Krakauer- yes
Rachelle Gebler- yes
Richard Gross- yes
Vote 4-0
6. SDC Lighthouse Landing Realty LLC, Edge-on-Hudson Riverfront Development,
Block A Proposed medical office building- Site Plan and Architectural Review
Approval- Presentation
8

(2/22/24)

�Janet Giris stated that she is a Partner with DelBello Donnellan Weingarten Wise &amp; Wiederkehr,
LLP representing the applicant. The applicant has been working with the potential tenant to
accommodate the building design with their proposed programming needs. Minor changes
include additional square footage on the second and third floors by cantilevering over the awning
and drop-off area. Additional parking spaces were added to the parking garage. Ms. Giris stated
that the applicant believes they have a design program that works for the potential tenant and the
Planning Board.
Umberto Annunziata is the Development Manager for Simone Development Companies. Mr.
Annuziata presented a concept plan and summarized the original application. Mr. Unnuziata
presented a revised site plan and stated they propose to add 5,000 square feet to the second and
third levels by extending the building above the drop-off location. Mr. Annuziata stated that the
medical office building would have a strong street presence on Legend Drive. The entrance to
the parking garage would be located at the back of the property. The medical office building
proposes 12,759 square feet on the ground floor, 15,000 square feet on the second floor, and
15,000 square feet on the third floor. The mechanical equipment will be located on the roof. The
proposed height of the building is 42 feet and will not require a variance.
Chairperson Harries asked Mr. Annunizata to describe how visitors will access the medical
offices from the upper levels of the parking garage.
Mr. Annuniziata stated that one entrance is proposed at the lobby level for security purposes.
There will be an elevator in the parking structure. They may consider having entrances on the
upper levels of the garage for employees. Patrons would enter and exit the garage at the same
location.
Lindsay Krakauer asked how the cars would maneuver in the garage.
Mr. Annunziata stated that the cars would need to make K-turns.
Mr. Annunziata presented the elevation drawings and building sections. Mr. Annunziata
presented a site section drawing along Legend Drive and described the heights of the adjacent
buildings. Mr. Annuniziata presented site section photographs of the existing and proposed views
from Barnhart Park and said that the building will not block views of the Hudson River as the
North Light building is visible above their building.
Chairperson Harries asked if the view of the parking garage from Barnhart Park would be a
solid-facing wall.
Anthony Stark is an architect from Perkins Eastman. Mr. Stark stated that the façade would be a
solid pre-cast concrete wall. They have discussed adding impressions of trees and leaves to give
the wall a more natural feel.
Mr. Annunziata presented renderings and described the views looking south on Legend Drive,
Maxwell Drive, and west from Beekman Avenue. He also stated that trees are proposed along
the parking garage.
Ms. Kakauer asked if four cars could park with room to pass at the drop-off.
9

(2/22/24)

�Mr. Stark stated that the site plan includes temporary parking for four cars with room to pass.
Chairperson Harries asked Mr. Annunziata to speak about the tenant's program.
Mr. Annuniziata stated they have not received a finalized program from the potential tenant and
cannot provide additional information.
Mr. Stark presented the building's exterior plan and stated that they have introduced more red
into the brick color mix while keeping the dark grey accent on the bottom. The stone walls along
the sidewalks will match the adjacent properties. Window sizes have been reduced, the glass will
be less reflective, and they have introduced more cornice work and stacked brick details at the
openings. The weathered wood has been eliminated from the parking structure, and they propose
a black-painted open screen to mimic the shapes of the windows. The parking structure will have
the same brick design as the building.
Richard Gross asked Mr. Stark to confirm the height of the parking garage levels and if it would
be open to air.
Mr. Stark stated that two sides of the parking garage will be open to air, and the screens will
mimic the window framing. The garage structure is 12 feet to floor to floor, with angling up by
5%, and the medical office building is 14 feet floor to floor.
Mr. Stark presented and described the proposed signage plan and stated that they are seeking
approval to install four signs, of which three are permitted.
Chairperson Harries asked Mr. Stark to describe how pedestrians from the garage would safely
visit the other retail buildings.
Mr. Stark stated that pedestrians would access the sidewalk from the ground level near the
elevator, use the sidewalk to get back on Legend Drive or use the crosswalk to go to the retail
stores. Stop signs are proposed at four corners.
Ms. Krakauer suggested adding a crosswalk at the elevator access area to avoid the high
vehicular traffic anticipated at the drop-off area and stated she is concerned that the four-way
stop intersection may cause vehicular traffic to back up into the street or the parking garage
during peak hours.
Mr. Annuniziata stated that typical medical office hours are 8:00 AM to 6:00 PM on weekdays
and abbreviated hours on Saturdays. They anticipate the hours to be scheduled visits and not
urgent care.
Chairperson Harries asked Mr. Gratz to describe the proposed shared parking plan and how they
accommodated the increase in square footage.
Mr. Gratz is an engineer with DTS Provident representing the applicant. Mr. Gratz stated the
revised plan would add 16 parking spaces to the shared parking analysis. The completed shared
parking analysis follows the Urban Land Institute and National Parking Association guidelines.
10

(2/22/24)

�The study used the square footage of the three sites, including the DeCicco’s Market, the Market
Retail Building, and the Medical Office building. The analysis showed they should have 362
parking spaces. They deducted the square footage for the Medical Office Building lobbies as
common areas that would not generate a use. While the total square footage of the building is
43,212 square feet, they used 39,736 square feet in the model for the analysis. The lobby is larger
than usual to provide access from the parking garage and Legend Drive. The shared parking
analysis demonstrates that the peak demand for 362 parking spaces occurs between 2:00 PM and
4:00 PM in December. Mr. Gratz stated that they based their analysis on the assumption that
100% of the employees would be driving to work for all three uses, 90% of the patrons visiting
the DeCicco’s Market and the Market Retail building would be driving, and 95% of the patrons
would be driving to the medical office building.
Ms. Krakauer asked Mr. Gratz for the operational hours used to analyze the retail uses.
Mr. Gratz said they assumed retail hours would be from 9:00 AM to 9:00 PM.
David Smith stated that DeCicco’s is a local market for the Westchester Community. Mr. Smith
suggested that Mr. Gratz check to see if they have parking survey data and consider providing a
way to determine how many vacant spots are available in the garage.
Mr. Gratz stated that there will be constant turnover in the retail and medical office uses.
The Board discussed the view from Tappan Zee Park, how the signage would be viewed, the
proposed landscaping plan, and suggestions for adding additional street trees to the site.
Mr. Gratz presented the site plan and summarized the areas proposed for tree and low shrubbery
plantings. The generator and transformer were relocated to the back of the building. The
applicant proposes to put the hydrant in the middle of the island at the turnaround to shorten the
hose runs required to get to the back end of the garage.
James Natarelli requested that Mark Gratz indicate on the plans whether the hydrant and lateral
connections are proposed as a private service and to clarify the grade difference between the
parking garage exit door sill and the I-3 Building parking lot.
Mr. Gratz stated that they still need to work out the details. The curb height would be no greater
than 18 inches. The 6-foot chain link fence along the Block I property line will remain.
Mr. Natarelli stated that the entrance to the stairs along Beekman Avenue is hazardous from a
stormwater perspective.
Peter Chavkin stated that the bump-out at the crosswalk intersection is causing the stormwater
issue. He said they could remove the bump-out, extend the crosswalk, or leave the bump-out and
cut in a trench drain with a curb.
Chairperson Harries asked if the garage screening would have a pattern.
Mr Stark stated that they are considering a perforated metal.
11

(2/22/24)

�Chairperson Harries requested they submit a design for review.
Ms. Krakauer asked Mr. Annunziata if the tenant would supply valet parking.
Mr. Annunziata said the tenant would decide.
Chairperson Harries asked how many parking spaces the Code requires versus what is proposed
in the shared parking agreement and if the Board of Trustees needs to amend the Special Permit.
Ms. Harries questioned whether the applicant would allow residents to use the parking lot during
non-operational hours and whether they would charge for the on-grade parking or garage
parking.
Ms. Giris stated they are not required to return to the Board of Trustees regarding the shared
parking agreement. Shared parking was approved for the overall development by the Village
Board as part of the Special Permit. The Planning Board determines if what they provide is
reasonable. The Medical Office Building programming will not be finalized before approval. The
use of parking spaces during non-operation hours would have to be discussed with the
commercial condominium since it is private property.
Mr. Stark stated that the design meets the parking requirement of 1 space per 150 square feet.
Mr. Smith stated that the shared parking requirements require additional discussion.
Rachelle Gebler moved to schedule a public hearing for the March 21, 2024 Planning Board
meeting.
Moved: Gebler
Seconded: Harries
Chairperson Harries- yes
Lindsay Krakauer- yes
Rachelle Gebler- yes
Richard Gross- yes
Vote 4-0
7. Marcelo Poguio, 80 Depeyster Street, Proposed three-family residence, Site Plan and
Architectural Review Approval- Preliminary Presentation
The applicant requested adjournment to the March 21, 2024 Planning Board meeting.

8. LL Parcel H, LLC, 2 Lighthouse Landing, Proposed signage, Architectural Review
Approval- Preliminary Presentation
Peter Chavkin stated that he has reviewed the draft resolution.
Chairperson Harries solicited comments from the Board.
There were no comments from the Board.

12

(2/22/24)

�Chairperson Harries moved to waive the public hearing.
Moved: Harries
Seconded: Gebler

Vote 4-0

David Smith read the resolve clauses of the draft resolution.
Chairperson Harries moved to approve the resolution.
Moved: Harries
Seconded: Krakauer
Chairperson Harries- yes
Lindsay Krakauer- yes
Rachelle Gebler- yes
Richard Gross- yes
Vote 4-0
9. LL Parcel E, LLC, Block O/P Townhomes One, Proposed backflow device enclosureAmended Site Plan Approval - Preliminary Presentation
Mark Gratz is an engineer with DTS Provident Design who represents the applicant. Mr. Gratz
stated that Toll Brothers requests approval to build an enclosure for the backflow preventer
device needed to protect the irrigation system for the first twenty townhome units fronting
Palisades Boulevard. The above-ground structure would be 50 feet from the street and have an
underground meter pit and landscape screening.
Chairperson Harries asked Mr. Gratz if the device could be completely underground, closer to
the building, or have more landscaping.
Mr. Gratz stated that the device needs to be above-ground for emergency maintenance.
Chairperson Harries asked Mr. Gratz if other development sites would request this enclosure.
Mr. Gratz stated that the owners of Block OP &amp; N Townhome Two may have two or three more
devices.
Chairperson Harries moved to waive the public hearing and to draft a resolution for the March
21, 2024 Planning Board meeting.
Moved: Harries
Seconded: Krakauer
Chairperson Harries- yes
Lindsay Krakauer- yes
Rachelle Gebler- yes
Richard Gross- yes
Vote 4-0
10. Lighthouse Landing Communities, LLC, Phase III, Block Q, Proposed concrete
Crushing operation, Amended Site Plan Approval – Preliminary presentation
13

(2/22/24)

�Craig Tompkins stated approval was granted in 2022 to relocate the concrete crushing area. Mr.
Tompkins stated they propose to crush 2000 cubic yards in two weeks starting in March or April.
The operation will be 500 feet from any occupied residence and 700 feet from the North Light
building. They will adhere to regular operation hours of 8:00 AM to 5:00 PM on weekdays and
will not operate on weekends.
Chairperson Harries moved to approve the application and to draft a resolution for the March 21,
2024 Planning Board meeting:
Moved: Harries
Seconded: Gebler
Chairperson Harries- yes
Lindsay Krakauer- yes
Rachelle Gebler- yes
Richard Gross- yes
Vote 4-0
11. Lighthouse Landing Communities, LLC, Zoning Code Amendment Petition, Section
450-38- Height exceptions- Discussion
Peter Chavkin is an associate of Biddle Real Estate Ventures representing Lighthouse Landing
Communities, LLC. Mr. Chavkin stated that the purchasers interested in signing contracts for the
units initiated the interest in the pergolas on the four fourth-floor terraces of the Daymark
building. They decided the best solution was to request a text amendment to the Zoning Code to
permit them. Mr. Chavkin stated that if pergolas are not permitted on the fourth-floor terraces,
the residents will use other methods to provide shading, such as umbrellas, canopies and
temporary structures. The approval to build more architecturally uniform structures would
provide better views from the parks. The language proposed to the Board of Trustees included
parameters for size, height and coverage, and requested to amend the Zoning Code to have
acceptable pergolas as part of Site Plan approval and at the Planning Board’s discretion. Mr.
Chavkin provided photographs to demonstrate where the pergola structures would not be
noticeable, as well as a drawing detailing 9 feet by 20 feet dimensions and up to 33 percent
coverage.
Janet Giris is a Partner with DelBello Donnellan Weingarten Wise &amp; Wiederkehr. Ms. Giris
stated that the proposed Zoning Code amendment could be applied to the entire Village or
restricted to the RF Zoning District, with the discretion to waive it. She also stated that the
Design Guidelines encouraged pergolas and shade structures.
Chairperson Harries stated that the approval of the Zoning Code amendment wouldn’t prohibit
owners from putting other shade devices on the terraces.
Joshua Subin asked Mr. Chavkin if the HOA could restrict other shading devices.
Mr. Chavkin stated that HOA restrictions could be applied to future buildings, but the Daymark
purchase contracts were based on current association documents.
Chairperson Harries stated that a joint session with the Board of Trustees will be scheduled for
March 5, 2024.
14

(2/22/24)

�No action was taken
12. Approval of minutes, December 21, 2023, January 18, 2024
Chairperson Harries tabled the approval of the December 21, 2023 minutes.
Chairperson Harries moved to approve the January 18, 2024, minutes.
Moved: Harries
Seconded: Krakauer

Vote 4-0

Chairperson Harries- yes
Lindsay Krakauer- yes
Rachelle Gebler- yes
Richard Gross- yes
Vote 4-0
Chairperson Harries moved to adjourn the meeting at 9:50 PM.
Moved: Harries
Seconded: Gebler

Vote 4-0

Respectfully submitted,
Pamela Kroll
Secretary to the Planning Board

15

(2/22/24)

�Exhibit #1

��Exhibit #2

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