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                  <text>Village of Sleepy Hollow
Planning Board Minutes
June 20, 2024
The Board held an advice of council session from 6:37 PM to 7:21 PM.
Chairperson Harries announced that she is resigning from the Planning Board.
Chairperson Harries called the regular meeting to order at 7:23 PM. SDC Lighthouse Landing
Realty, LLC has requested an adjournment to the July 18, 2024 meeting with a 30-day extension
to take action.
Present:

Kersten Harries, Chairperson
Richard Gross
Rachelle Gebler
Benjamin Nielsen

Also Present:

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

Absent:

Lindsay Krakauer
Caroline Chen
Clare Trapasso

Agenda:
1) Marcelo Poguio, 80 Depeyster Street, Proposed three-family residence, Site Plan and
Architectural Review Approval- Continued Public Hearing
2) LL Parcel E, LLC, 201 Horseman Blvd., Proposed fourth-floor pergola and exterior
changes, Amended Site Plan &amp; Architectural Review Approval- Draft Resolution
3) SDC Lighthouse Landing Realty, LLC, Edge-on-Hudson Riverfront Development,
Proposed medical office building, Site Plan &amp; and Architectural Review ApprovalDiscussion
4) Kendal-on-Hudson, 1010 Kendal Way, Proposed additions and alterations, Amended
Site Plan and Architectural Review- Preliminary Presentation
5) T-Mobile Northeast, LLC, 28 Beekman Avenue, Wireless Communications Permit, Site
Plan Approval- Preliminary Presentation
6) Quality High, LLC, 36-38 Beekman Avenue, Proposed cannabis dispensary, Site Plan
Approval
1

(6/20/24)

�7) Pokahoe Riverview Manor, LLC, 17 Pokahoe Drive, Proposed single-family residence,
Amended Site Plan &amp; Architectural Review Approval - Preliminary Presentation
8) One Kingsland Owner, LLC, 401-403 Legend Drive, Proposed revisions to the
Amenities Building, Amended Site Plan &amp; Architectural Review- Preliminary
Presentation
9) Approval of minutes, May 16, 2024
1. Marcelo Poguio, 80 Depeyster Street- Proposed three-family residence, Site Plan
and Architectural Review Approval- Continued Public Hearing
Chairperson Harries moved to open the public hearing.
Moved: Harries
Seconded: Nielsen

Vote 4-0

Pat Costabile stated that he represents the Applicant on behalf of the engineer. Mr. Costabile
described the changes to the proposed site plan related to landscaping, rear yard access,
impermeable material details, and curb cut removals and replacements. Mr. Constabile described
the changes to the floor plans related to additional access from the garage and the setback of the
front entranceway. Mr. Constabile presented the elevation drawings.
David Smith asked Mr. Constabile to confirm the existing grade of the property.
Mr. Constabile stated that the existing grades will remain the same.
Chairperson Harries asked Mr. Constabile if the garage elevations would be at the same level as
Valley Street and if the proposed basement elevation would be higher than the existing
basement.
Mr. Constabile stated that the garage elevation would be slightly higher than Valley Street to
provide a slope to control water runoff. The basement elevation would remain the same as the
existing structure.
Mr. Constabile described the proposed lighting, presented photographs of the existing conditions,
and detailed the curb cuts and parking spaces on Depeyster Street and Valley Street proposed for
elimination, where parking spaces will remain, and where repairs would be needed. Mr.
Constabile stated they propose removing the existing chainlink fence and installing landscaping
screening.
Rachelle Gebler asked if removing the fence would create an additional parking space.
Mr. Constabile stated that the proposed driveways would encroach into the space and would not
provide room for an additional parking space.
Chairperson Harries suggested further articulations to gable roof line elevations and façade
materials.
Chairperson Harries asked Mr. Constabile to confirm the foundation material.
2

(6/20/24)

�Mr. Constabile stated that the foundation would be concrete with a stucco finish.
Benjamin Nielsen asked Mr. Constabile if the proposed landscaping trees and planting are native
species and asked him to describe details of the retaining wall at the corner of Depeyster and
Valley Street. Mr. Nieslen suggested reconfiguring the orientation of the stairs off the back
porch with the stairs between the terraces and the garden. Mr. Nielsen suggested adding a gate at
the entrance to the backyard from Valley Street.
Mr. Constabile stated that the plantings included in the landscape plan were chosen from the
Native Species list. The retaining wall would taper with the slope, and landscaping is proposed to
define the corners. A gate or fencing was not proposed to secure the backyard.
Mr. Pogiou said he would agree to install fencing and a gate to secure the backyard.
Mr. Nielsen stated that chainlink fencing should not be used.
Chairperson Harries asked Mr. Constabile to describe the proposed stormwater plan.
Mr. Constabile stated that the application proposes adding a catch basin on the property to catch
stormwater runoff from the hill and tie it into the existing catch basin across the street.
Chairperson Harries stated that the Village proposes creating a community benefit agreement in
which the owner would agree to allow the Village to utilize the value of their proposed
stormwater plan in conjunction with Village services to complete drainage infrastructure
improvements to the existing stormwater lines on Valley Street.
Mr. Constabile stated that he would discuss the proposed agreement with Mr. Poguio.
Chairperson Harries solicited comments from the public.
There were no comments from the public.
Chairperson Harries moved to adjourn the public hearing to the July 18, 2024, meeting and to
direct staff to prepare a draft resolution.
Moved: Harries
Seconded: Gebler
Vote 4-0
2. LL Parcel E, LLC, 201 Horseman Blvd, Proposed fourth-floor pergola and exterior
changes, Amended Site Plan &amp; Architectural Review Approval- Draft Resolution
Chairperson Harries asked David Smith to read the highlights of the draft resolution.
Chairperson Harries polled the Board members on adding a condition related to the pergola
louvers.
The Board agreed that the louvers of the constructed pergola should remain in an open position.
David Smith read the amended resolve clauses of the draft resolution.
Richard Gross moved to approve the resolution as amended.
3

(6/20/24)

�Moved: Gross

Seconded: Nielsen

Chairperson Harries- yes
Richard Gross- yes
Rachelle Gebler- yes
Benjamin Nielsen -yes
Vote 4-0
3. SDC Lighthouse Landing Realty, LLC, Edge-on-Hudson Riverfront Development
Block A Proposed medical office building, Site Plan &amp; Architectural ReviewDiscussion
The Board received an adjournment request from the applicant's attorney on June 20, 2024
The application was adjourned to the July 18, 2024 meeting.
4. Kendal-on-Hudson, 1010 Kendal Way, Proposed additions and alterations,
Amended Site Plan &amp; Architectural Review Approval- Preliminary Presentation
Craig Battisto is an architect from Amenta Emma Architects who is representing the Applicant.
Mr. Battisto stated that the application proposes interior renovations to the central amenity areas
and an addition. The alterations to the ground-level floor plan include renovations to the lobby
and gathering area. The plans include creating a new café and bistro lounge, adding dining
options, and a new main kitchen. The alterations to the community-level floor plan include
renovations to the Human Resources suite and conference areas on either side. The plans include
creating a new ping-pong and community room over the pool area. The alterations to the terracelevel floor plan propose creating a new salon, fitness, and resident care area and renovating the
existing pool finishes. The application is before the Planning Board because of the proposed
terrace lounge addition. The proposal is to re-program the terrace for easier elevator access for
the tenants and to construct an enclosed addition on the terrace that includes a new vestibule, a
lounge area, a storage area, and a pantry area. The proposed addition will not add to the existing
building footprint as it would be constructed over the existing terrace. Renovations to the
existing terrace terrace include the addition of a garden area with raised planters, and a recreation
lawn area.
Chairperson Harries solicited comments from the Board.
There was a discussion regarding the possibility of planting additional trees on site along the
riverbank.
James Natarelli asked Mr. Battisto to confirm that there is no new impervious surface proposed
and if new gutters are required for the addition.
Mr. Battisto stated that new gutters and downspouts are proposed for the addition that will
disapate on the existing patio and tie into the existing system.

4

(6/20/24)

�Chaiperson Harries stated that application proposes a minimal impact to the exterior of the
building.
Chairperson Harries moved to waive the public hearing and to direct staff to prepare a resolution
for the July 18, 2024 meeting.
Moved: Harries
Seconded: Gebler
Chairperson Harries- yes
Richard Gross- yes
Rachelle Gebler- yes
Benjamin Nielsen -yes
Vote 4-0
5. T-Mobile Northeast LLC, 28 Beekman Avenue, Wireless Communications Permit
Site Plan Approval
David Kenny is an attorney with the law firm of Snyder &amp; Snyder, LLP, representing the
Applicant. Mr. Kenny stated that the application proposes to upgrade and replace ( 2 )
equipment cabinets and (9) antennas on the existing pipe mounts. The new equipment would be
slightly smaller than the existing. Mr. Kenny provided the requirement details for an eligible
facilities request approval.
Chairperson Harries moved to waive the public hearing and to direct staff to prepare a resolution
for the July 18, 2024 meeting with a condition that the Applicant will complete any roof repairs
required.
Moved: Harries
Seconded: Gebler
Chairperson Harries- yes
Richard Gross- yes
Rachelle Gebler- yes
Benjamin Nielsen -yes
Vote 4-0
Mr. Kenny stated that the Applicant agrees to repair roofing as needed in their proposed work
area.
6. Quality High, LLC, 36-38 Beekman Avenue, Proposed cannabis dispensary, Site Plan
Approval
Marco Mandra is the architect representing the Applicant. Mr. Mandra stated that they are
excited for the opportunity to be the first boutique cannabis dispensary in Sleepy Hollow. Mr.
Mandra stated that they are seeking to renovate the interior of a 500 square foot retail space
located in the center first floor space of the building and install a 10 foot long sign with a 12 inch
custom font handpainted lettering. Renderings of the interior space are being developed.
Matthew Nicoletti stated that he and his partner Nathan Lyons are the owners, co-founders,
managing partners, and the only employess of Quality High, LLC. Mr. Nicoletti stated that the
State of New York approved their cannabis micro-bussiness license. The approved license
5

(6/20/24)

�specifically provides for a fully integrated small businesses that allows them to cultivate,
process, and have their own retail dispensary that is exclusively for cannabis. Their license
includes limitations on employee count, restricts them to have only one dispensary location, and
limits the size of the cultivation facility. Since their business model allows them to have their
own product, it seperates them from other dispensaries because they anticipate less volumn.
Benjamin Nielsen asked Mr. Nicoletti to describe how many customers they anticipate daily and
how it relates to parking requirements.
Mr. Nicoletti stated that plan to utilize municipal and street parking similar to the other
businesses on Beekman Avenue. As part of their business model, they are working to expedite
the experience in the store by providing pre-paid options on their website so customers are
coming in and out quickly to pick up their order.
Mr. Nielsen asked Mr. Nicoletti to describe the proposed security.
Mr. Nicoletti stated that someone would be stationed inside the front door entrance to check
identification, ensure customers are 21 years of age or older before entering the facility, and
control the flow of customers.
Chairperson Harries asked how many spaces are in the front parking lot and how many are
dedicated to the building's tenants.
Mr. Nicoletti stated that the parking lot has 13 spaces dedicated to the building tenants and 1
space dedicated to their use. They would inform their customers that they cannot park in the lot.
Rachelle Gebler asked Mr. Nicoletti to describe the customer experience entering the store and
how many customers would be permitted at once.
Mr. Nicoletti described the proposed store layout, how the products would be displayed in the
store, and how they intend to handle pre-paid purchases. The back office would be a secured
room for storing cannabis products in locked containers and keeping their security equipment.
An employee bathroom and mechanical room will be in the rear of the store. Mr. Nicoletti
estimated they could simultaneously have 15-20 people in the store.
Chairperson Harries stated that the Village sent a letter to New York State objecting to their
license approval because the store is less than 500 feet from the required distance of school
property. The Village has not received a response from New York State stating why they
approved the license. Chairperson Harries asked Mr. Nicoletti if he knew of the Village’s
objection letter.
Mr. Nicoletti stated that this was the first time he had heard that the Village submitted an
objection. New York State measures the 500-foot distance from the school's entrance. The
distance from the school's front entrance to the store's front entrance is over 500 feet.
Confirmation of how they determined the measurements was included in their submission.
Joshua Subin stated that New York State has an obligation to respond in writing to objections.
Mr. Subin asked Mr. Nicoletti if he has received any correspondence from the State.
6

(6/20/24)

�Mr. Nicoletti stated that, as required, he sent a notice to Sleepy Hollow informing the Village
that they were applying for the cannabis license. He didn’t receive a response from the Village or
New York State. Mr. Nicoletti stated that to apply for a cannabis license, New York State
required them to obtain a leased space. They have been paying rent and insurance for the space
since November.
Richard Gross asked Mr. Nicoletti how he measured the 500-foot distance to the Morse School.
Mr. Nicoletti stated that the measurements were taken using a straight line from the proposed
store facility's front entrance to the school's front door.
Nathan Lyons stated that they determined that the distance from the store's front door is 590 feet
from the Morse school and 600 feet from the high school.
Mr. Gross stated that the school property started at the corner of Washington Street and Beekman
Avenue and asked what the distance was from the store’s back door to both schools.
Mr. Lyons stated that the law states that the requirements are based on the location of the store's
front entrance door.
Mr. Nicoletti stated that New York State issued their license because they met the distance
requirements. The state also requires that no other dispensary be permitted to open within 1000
feet of their location.
Chairperson Harries asked Mr. Nicoletti to confirm that a daycare facility or afterschool program
at the library is not included in the definition of a public youth facility.
Mr. Nicoletti stated that the state determined that the distance requirements apply to schools and
religious institutions. If private facilities were included, it would be difficult to find a location
and could restrict new businesses from being established.
Mr. Nielsen stated that it needs to be determined if a variance is required.
David Smith suggested that the Planning Board defer from taking action until the Village has
received a response to the objection submitted for the proposed location of the dispensary and
the issue has been resolved.
Chairperson Harries suggested that the Applicant contact New York State requesting that they
respond to the Village’s objection.
No action was taken.
7. Pokahoe Riverview Manor, LLC, 17 Pokahoe Drive, Proposed single-family residence
Amended Site Plan &amp; Architectural Review Approval – Preliminary Presentation
Michael Finelli is the architect from GMF Architecture and Design, P.C., representing the
Applicant. Mr. Finelli presented the proposed renderings, floor plans and site plans. Mr. Finelli
7

(6/20/24)

�described the revisions, which include relocating the house to the middle of the property, moving
the garage and the driveway to the front of the house, changing the roof style to gable, reducing
the size of the rear terrace, removing the retaining and other walls along the sides of the property,
removing the attic dormers, reducing the impervious surfaces by 20 percent, increasing the side
yard setbacks, eliminating brick at levels above the basement and replacing it with cedar shakes.
Mr. Finelli stated that the proposed house has been reduced to 4400 square feet, eliminating 500
square feet or approximately 900 square feet if you include the attic space. Mr. Finelli stated that
the application proposes to remove the same number of trees.
Chairperson Harries asked Mr. Finelli if trees could be saved by the relocation of the house and
if they are proposing to plant new canopy trees with the required 2 to 1 ratio.
Ronald Pohl stated that the same trees must be removed for drainage and existing root damage.
The landscape plan proposes canopy tree replacements.
Benjamin Nielsen suggested that the Applicant consider adding details to break up the
articulation of the gable ends on the side elevation.
The Board agreed that the proposed changes and finishes for the house are more to scale, provide
larger view corridors to the neighbors, and are more appropriate for the neighborhood.
Chairperson Harries moved to schedule the public hearing for the July 18, 2024 meeting.
Moved: Harries
Seconded: Gebler
Chairperson Harries- yes
Richard Gross- yes
Rachelle Gebler- yes
Benjamin Nielsen -yes
Vote 4-0
8. One Kingsland Owner, LLC, 401-403 Legend Drive, Proposed revisions to the
Amenities Building, Amended Site Plan &amp; Architectural Review- Preliminary
Presentation
Bill McGuiness stated that he is from Sun Homes and is seeking approval to revise the
architectural site plan for the approved clubhouse and pool at Block N. Mr. McGuiness stated
that the approval included two equally 30 x 42-foot pavilions on either end of a lap pool. He
proposed reducing the pool deck's size and the pool's length to increase the size of the fitness
center by adding 22.3 feet to the building on the south end of the property to create a 52.3-foot
by 42-foot footprint and reducing the size of the lap pool to a 75-foot length. The overall length
and width of the two buildings would remain the same. The roof height of the building is
proposed to be 2 feet, 6 inches higher. Mr. McGuiness presented comparison views of the
approved and proposed plans and stated that the square footage of the southern pavilion building
would increase by 935 square feet. All the other approved site plan elements would remain the
same.
Chairperson Harries asked Mr. McGuiness how the rooftop mechanical equipment would be
accessed.
8

(6/20/24)

�Mr. McGuiness stated that there would be a hatch inside the storage closet between the
bathrooms, with a ladder going up into the space between the ceiling and the mechanical area.
The condensers are proposed to be wall-mounted heat pumps.
Rachelle Gebler asked Mr. McGuiness if the showers were proposed to move outside the
building.
Mr. McGuiness stated that the pool designer told him that the Board of Health accepts moving
the showers outside the building.
Chairperson Harries asked if modifications are proposed to the screened wall along the sidewalk
since it would be close to the showers.
Mr. McGuiness stated that they are proposing a solid fence to ensure privacy.
James Natarelli expressed concern that the shower area drain would be exposed to rainwater and
asked how it would connect to the sanitary sewer line.
Mr. McGuiness stated that a drain would connect to the sanitary sewer, and a canopy would
cover the shower's footprint, which is acceptable to the Board of Health.
Mr. Natarelli requested that a border be placed around the base of the shower to prevent water
from entering from the pool patio.
Mr. McGuiness said that the pool designer showed him details that would be included to prevent
water from entering, which they have completed on other projects.
Chairperson Harries asked Mr. McGuiness for the current status of the project.
Mc. McGuiness stated that the piles are driven, and they have submitted a Building Permit
Application. They have requested that the Building Department allow them to proceed on the
north pavilion building while the approvals are processed for this application.
James Natarelli requested that the shower drain details be submitted to the Board.
Benjamin Nielsen moved to waive the public hearing and to direct staff to draft a resolution for
the July 18, 2024, meeting.
Moved: Nielsen
Seconded: Gross
Chairperson Harries- yes
Richard Gross- yes
Rachelle Gebler- yes
Benjamin Nielsen -yes
Vote 4-0
9. Approval of minutes, May 16, 2024
9

(6/20/24)

�Richard Gross moved to approve the May 16, 2024 meeting minutes.
Moved: Gross
Seconded: Nielsen
Chairperson Harries- yes
Lindsay Krakauer- yes
Caroline Chen- yes
Richard Gross- yes
Clare Trapasso- yes
Benjamin Nielsen -yes
Vote 4-0
Chairperson Harries moved to adjourn the meeting at 9:12 PM.
Moved: Harries
Seconded: Nielsen

Vote 4-0

Respectfully submitted,
Pamela Kroll
Secretary to the Planning Board

10

(6/20/24)

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