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                  <text>Village of Sleepy Hollow
Planning Board Minutes
July 18, 2024
Chairperson Gebler called the regular meeting to order at 7:11 PM.
Chairperson Gebler stated that SDC Lighthouse Landing Realty, LLC has requested an
adjournment to the September 19, 2024 meeting.
Present:

Rachelle Gebler, Acting Chairperson
Richard Gross
Benjamin Nielsen
Clare Trapasso
Chris Camia

Also Present:

Joshua B. Subin, Village Attorney
David Smith, Village Planner
James Natarelli, Village Engineer
Sean E. McCarthy, Building Inspector

Absent:

Lindsay Krakauer
Caroline Chen

Agenda:
1) Marcelo Poguio, 80 Depeyster Street, Proposed three-family residence, Site Plan and
Architectural Review Approval- Continued Public Hearing /Draft Resolution
2) Kendal-on-Hudson, 1010 Kendal Way, Proposed additions and alterations, Amended
Site Plan and Architectural Review- Draft Resolution
3) T-Mobile Northeast, LLC, 28 Beekman Avenue, Wireless Communications Permit, Site
Plan Approval- Draft Resolution
4) SDC Lighthouse Landing Realty, LLC, Edge-on-Hudson Riverfront Development,
Block A Proposed medical office building, Site Plan and Architectural Review ApprovalDraft Resolution
5) One Kingsland Owner, LLC, 401-403 Legend Drive, Proposed revisions to the
Amenities Building, Amended Site Plan &amp; Architectural Review Approval- Draft
Resolution
6) Pokahoe Riverview Manor, LLC, 17 Pokahoe Drive, Proposed single-family residence,
Amended Site Plan &amp; Architectural Review Approval- Public Hearing
7) Quality High, LLC, 36-38 Beekman Avenue, Proposed cannabis dispensary, Site Plan
Approval- Presentation
1

(7/18/24)

�8) Phelps Hospital-Northwell Health, 701 North Broadway, Proposed Behavioral Health
Garden, Amended Site Plan &amp; Architectural Review- Preliminary Presentation
9) Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
Phase III-Waterfront Open Space, Proposed transformer location- Discussion
10) Approval of minutes, June 20, 2024
1. Marcelo Poguio, 80 Depeyster Street- Proposed three-family residence, Site Plan
and Architectural Review Approval- Continued Public Hearing/Draft Resolution
Pat Costabile stated that he represents the Applicant on behalf of the engineer. Mr. Constabile
stated that the Applicant has agreed to the recommended Site Plan changes discussed with the
Building Department.
Chairperson Gebler solicited comments from the public.
There were no comments from the public.
Benjamin Nielsen moved to close the public hearing.
Moved: Nielsen
Seconded: Trapasso

Vote 5-0

David Smith read the revised resolve clauses and conditions of the draft resolution.
Richard Gross moved to approve the resolution.
Moved: Gross
Seconded: Trapasso
Chairperson Gebler- yes
Richard Gross- yes
Clare Trapasso- yes
Benjamin Nielsen-yes
Chris Camia- yes
Vote 5-0
2. Kendal-on-Hudson, 1010 Kendal Way, Proposed additions and alterations,
Amended Site Plan &amp; Architectural Review Approval- Draft Resolution
John Hughes is the attorney representing the Applicant. Mr. Hughes stated that the Applicant has
reviewed the draft resolution and has no requests for changes.
David Smith read the conditions of the draft resolution.
Richard Gross moved to approve the resolution.
Moved: Gross
Seconded: Trapasso
Chairperson Gebler- yes
Richard Gross- yes
Clare Trapasso- yes
Benjamin Nielsen -yes
2

(7/18/24)

�Chris Camia - yes
Vote 5-0
3. T-Mobile Northeast LLC, 28 Beekman Avenue, Wireless Communications Permit
Site Plan Approval
David Kenny is an attorney with Snyder &amp; Snyder, LLP, representing the Applicant. Mr. Kenny
stated that he approves the revisions to the draft resolution discussed at the Work Session.
David Smith read the conditions of the draft resolution.
Benjamin Nielsen moved to approve the resolution.
Moved: Nelsen
Seconded: Gross
Chairperson Gebler- yes
Richard Gross- yes
Clare Trapasso- yes
Benjamin Nielsen -yes
Chris Camia- yes
Vote 5-0
4. SDC Lighthouse Landing Realty, LLC, Edge-on-Hudson Riverfront Development
Block A Proposed medical office building, Site Plan &amp; Architectural Review- Draft
Resolution
The Board received an adjournment request from the applicant's attorney on July 17, 2024
The application was adjourned to the September 19, 2024 meeting.
5. 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 present to answer questions and does not have a presentation for
the meeting.
Chairperson Gebler solicited comments from the Board.
Benjamin Nielsen asked if the concerns related to the outdoor shower and sanitary sewer
connections have been adequately addressed.
James Natarelli stated that the revised plans show the shower basin is pitching to drain away
from the pool deck. Mr. Natarelli suggested that the Applicant provide additional pitch details to
show that stormwater would be prevented from entering the shower basin.
Mr. McGuiness stated that the plans were revised based on the recommendations from his pool
designer. He agreed to provide additional documentation as a condition of the approval.
3

(7/18/24)

�Mr. Natarelli stated that the outdoor shower might also be subject to Westchester County Board
of Health approval as part of the pool approval.
There was a discussion regarding the conditions of the draft resolution.
Chairperson Gebler moved to approve the resolution.
Moved: Gebler
Seconded: Gross
Chairperson Gebler- yes
Richard Gross- yes
Clare Trapasso- yes
Benjamin Nielsen -yes
Chris Camia- yes
Vote 5-0
6. Pokahoe Riverview Manor, LLC, 17 Pokahoe Drive, Proposed single-family residence
Amended Site Plan &amp; Architectural Review Approval – Public Hearing
Benjamin Nielsen moved to open the public hearing.
Moved: Nielsen
Seconded: Camia

Vote 5-0

Chairperson Gebler requested that the Applicant describe the proposed changes from the original
Site Plan approval.
Gregg Caccioppoli is the engineer representing the Applicant. Mr. Caccioppoli stated that no
design changes have been proposed since the last meeting. Drawings were submitted to confirm
that the property line setback to the driveway is five feet and to show vehicle maneuverability.
Sean McCarthy requested that the Applicant summarize the proposed project for the public
hearing.
Ronald Pohl stated he owns the property. Mr. Pohl stated that changes from the original Site Plan
include reducing the size of the house, eliminating the attic space, centering the house on the
property, and relocating the garage to the front of the house. The exterior facade material
changes include a combination of Hardie Board siding and brick. The size of the back porch has
been reduced, and the pool has been centered.
Benjamin Nielsen asked if the proposed siding is Hardie Board shake style.
Mr. Pohl stated that a Hardie Board shake with a brick base wrapping around the back of the
house is proposed.
Mr. McCarthy requested that the Applicant present the rendering.
Mr. Pohl stated they do not have the rendering presented at the last meeting.
Chairperson Gebler asked the Applicant to describe the change in the amount of impervious
surface.
4

(7/18/24)

�Mr. Caccioppoli stated that reductions in proposed impervious surfaces include the number of
cultecs, 1400 square feet of hardscape materials from the elimination of walls and walkways, and
the relocation and reduction of the driveway size.
Mr. Nielsen asked the Applicant to describe what is planned on the north side of the property
where the driveway was previously approved.
Mr. Caccioppoli presented the landscape plan and described the plantings proposed to screen the
house from the neighboring property.
Mr. Nielsen asked if this application proposes to preserve more of the existing trees and if more
canopy trees are proposed.
Mr. Pohl stated that the proposed tree removals remain the same.
Chairperson Gebler stated that the Board suggests that Village Arborist re-evaluate the landscape
plan based on the Site Plan changes.
Mr. Nielsen stated that a review from the Village Arborist was a condition of the original
approval and that removing trees that may fall in the future would affect Sleepy Hollow's
character.
Mr. Nielsen asked the Applicant to confirm if the proposed house height remains the same as
originally approved.
Mr. Pohl stated that the height of the proposed house remains the same.
Chairperson Gebler solicited comments from the consultants.
David Smith asked Mr. Caccioppoli to summarize the responses submitted to address the
concerns received from Metro-North Railroad on July 16, 2024. ( See Exhibit #1)
Mr. Caccioppoli stated that Metro-North questioned whether the integrity of the soil could
support the pool's loads and that the construction would not encroach on their property or cause a
collapse of retaining walls in the rear. The proposed walls are 3 ½ feet tall and are not considered
structural. Deep soil testing confirms that there is bedrock at 5 feet deep. The stormwater plan
includes a level spreader in the rear for storms larger than a 100-year storm event.
James Natarelli stated that the level spreader is close to the property line on the south side. Mr.
Natarelli suggested the engineer determine if the grades would allow for the level spreader to be
moved to 10 feet from the property line. Mr. Natarelli asked Mr. Caccioppoli to describe how the
previous house drainage performed, how the site drains now, and how the proposed drainage will
handle stormwater in a 100-year storm event.
Mr. Caccioppoli stated that the demolished house had roof leaders that flashed onto the ground,
with water flowing onto the surface and onto the Metro-North property. The proposed
stormwater plan includes an infiltration system that directs rain water runoff from the roof and
5

(7/18/24)

�impervious surfaces into underground piping systems that store, percolate, and recharge
groundwater. This will reduce stormwater runoff from flowing onto Metro-North property.
Chairperson Gebler solicited comments from the public.
There were no comments from the public.
Benjamin Nielsen moved to close the public hearing, to receive written public comments to
September 19, 2024, and to draft a resolution.
Moved: Nielsen
Seconded: Trapasso
Vote 5-0
7. Quality High, LLC, 36-38 Beekman Avenue, Proposed cannabis dispensary, Site Plan
Approval- Presentation
Chairperson Gebler asked the Applicants if they had any further updates or communication from
New York State.
Matthew Nicoletti, one of the owners of Quality High, LLC, stated that New York State has
confirmed communication with the Village but will not disclose details. Mr. Nicoletti offered to
share the presentation documents and the proximity map that clarifies the setback requirements.
He also submitted a copy of the New York State regulations for keeping children protected so the
business does not appeal to anyone under 21 regarding packaging, advertisement, marketing, and
displays.
Chairperson Gebler requested that Mr. Nicoletti provide the Building Department with a digital
copy of the State regulations and asked him to present the proximity map.
Mr. Nicoletti asked Chairperson Gebler if the Board could confirm whether the Village had
spoken with New York State.
Mr. McCarthy stated that the Village has communicated with New York State.
Mr. Nicoletti presented a labeled aerial view of the village to provide more details on the
proximity setback calculations from schools and churches to the proposed dispensary location
and surrounding businesses that sell alcohol and tobacco products. Mr. Nicoletti stated that the
business is not a licensed consumption location. There will be no product consumption at the
store.
Chris Camia asked Mr. Nicoletti what protections would be in place to monitor patrons from
consuming the products outside the store.
Mr. Nicoletti stated that the guard at the door would monitor and enforce that products are not
consumed outside the store.
Clare Trappasso asked Mr. Nicoletti for the proposed hours of operation.

6

(7/18/24)

�Mr. Nicoletti stated that they intend to be open from approximately 11:00 AM to 8:00 PM, seven
days a week, but they are not sure if they will have staff to sustain those hours since it will be
either himself or his partner running the store with the security guard.
Chris Camia asked Mr. Nicoletti if New York State has restrictions on operation hours.
Mr. Nicoletti stated that the State does not have restrictions on hours of operation, but they
would be happy to discuss it with the Village.
Richard Gross asked if the security guard would be armed.
Mr. Nicoletti stated that the security guard would not be armed and that having guns at the
facility would not create a comfortable environment.
Nathan Lyons is a co-owner of Quality High, LLC and stated that they do not anticipate the need
for an armed guard.
Benjamin Nielsen asked Mr. Nicoletti to confirm the available parking for the business.
Mr. Nicoletti stated that the building's parking lot is not intended for public use by its patrons.
The dispensary would utilize available street parking like other businesses along Beekman
Avenue.
Sean McCarthy stated that there is no increase in parking demand based on the proposed use.
Benjamin Nielsen asked if there were any concerns for the residents on the floor above.
Mr. Nicoletti stated that their New York State small micro-business license restricts the
cultivation or packaging of the products at the store's location. The cultivation facility is located
in Peekskill, and a third party would transport products to the dispensary location. New York
State tracks the product from seed to sale.
Mr. Camia asked what type of vehicle would be used for the third-party transport from the
cultivation facility to the store.
Mr. Nicoletti stated that they are in the process of interviewing transport companies, but they
anticipate using an unmarked van specializing in the cannabis industry.
Mr. Nielsen asked Mr. Nicoletti to describe the proposed signage.
Mr. Nicoletti presented a rendering of the proposed signage and stated that only the business's
name Quality High would be on the building, and the front door would include painted lettering
that says Quality High Farm &amp; Dispensary. New York State has specific regulations regarding
exterior and interior signage and product displays that they will inspect before approving the
business to open.
Sean McCarthy asked Mr. Nicoletti if they planned to include a sign within the building’s
directory signage.
7

(7/18/24)

�Mr. Nicoletti said he would include his business name in the directory signage if the Village
permits it.
Chairperson Gebler stated that directory signage is permitted as per the Code.
Mr. Nielsen asked what color is proposed for the building signage.
Mr. Nicoletti stated that the sign would be cream with deep purple lettering.
Mr. McCarthy asked what they proposed for the sign material and size.
Mr. Nicoletti stated that they have considered a hand-painted wood sign and are planning to meet
with the local sign company to discuss other machine-painted options.
Mr. McCarthy stated that the lettering needs to have dimension.
Benjamin Nielsen moved to schedule a public hearing for the September 19, 2024, meeting.
Moved: Nielsen
Seconded: Gross
Chairperson Gebler- yes
Richard Gross- yes
Clare Trapasso- yes
Benjamin Nielsen –yes
Chris Camia- yes
Vote 5-0
8. Phelps Hospital- Northwell Health, 701 North Broadway, Proposed Behavioral Health
Garden, Amended Site Plan &amp; Architectural Review Approval – Preliminary
Presentation
Jack Carman is a landscape architect representing the Applicant. Mr. Carmen stated that the
proposed behavioral garden is specifically designed to meet the needs of the hospital's patients.
Donna Maiello stated that she is a Senior Associate with DTS Provident Design Engineering,
LLP, representing the Applicant for engineering.
Mr. Carman presented an aerial view of the site and stated that the proposed garden location is
on the north side of the main building, where open lawn space and picnic tables currently exist.
Richard Gross asked Mr. Carman if the proposed garden location is in front of the 755 North
Broadway building.
Mr. Carman presented the Site Plan and stated that the proposed garden includes outdoor sitting
areas, a covered pergola, seat walls, water features, and two arbors to mark the entrances from
the building pathways. The proposed to replace the existing white concrete pathways along the
building with colored tinted concrete. Recycled rubber porous material is proposed for the
interior garden pathways. The lawn area would be eliminated. The landscape plan includes
8

(7/18/24)

�plantings that would attract nature and sensory plantings that are therapeutic to patients and
visitors. Arbor and pathway lighting is proposed not to over light the garden area.
Chris Camia asked Mr. Carman if the garden would be ADA-accessible and if there would be
tables that would accommodate wheelchairs.
Mr. Carmen stated that the garden area design is ADA-compliant. Some tables will not have
benches and could accommodate wheelchairs.
Richard Gross asked Mr. Carman if the garden would be available for patients from 1 South.
Jeffrey Meade is the applicant's Director of Operations. Mr. Meade stated that 1 South is an
inpatient-locked psychiatric unit. The patients from the unit would not have access to the
proposed behavioral garden area.
David Smith asked Mr. Carmen if the proposed plantings were native species.
Mr. Carmen stated that the landscape plans include a balance of native species and therapeutic
species
James Natarelli asked Mr. Carmen if the pathway rubberized material was loose, granular
material, or cohesive and how much impervious surface was proposed.
Mr. Carmen stated that pathway material is similar to what is found under playground equipment
but is 100 percent porous and ADA-compliant.
Ms. Maiello stated that the application proposes an 850-square-foot increase in impervious
surface coverage. Replacing the lawn with permeable material and planting beds would allow the
area to drain more efficiently. Ms. Maiello stated that a narrative and calculations would be
submitted to detail how the garden project affects the overall Stormwater Management plan for
the site.
Chairperson Gebler moved to waive the public hearing requirement and to direct staff to prepare
a resolution for the September 19, 2024 meeting.
Moved: Gebler
Seconded: Trapasso
Chairperson Gebler- yes
Richard Gross- yes
Clare Trapasso- yes
Benjamin Nielsen -yes
Chris Camia- yes
Vote 5-0
9. Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
Phase III-Waterfront Open Space, Proposed transformer location- Discussion

9

(7/18/24)

�Benjamin Nielsen requested that details be provided to confirm that the transformer and service
disconnect are not located at trail intersections or the park's main entrances. Mr. Nielsen
suggested that the transformer be moved 25 to 30 feet north of Hollows Pass.
Chris Camia stated that landscape screening should be provided to prevent the permanent
structures from being a visual focal point from the riverfront parkland and the lighthouse.
Richard Gross moved to waive the public hearing requirement.
Moved: Gross
Seconded: Camia
Chairperson Gebler- yes
Richard Gross- yes
Clare Trapasso- yes
Benjamin Nielsen -yes
Chris Camia- yes
Vote 5-0
David Smith read the resolve clauses and the conditions of the draft resolution.
Benjamin Nielsen moved to approve the resolution.
Moved: Nielsen
Seconded: Gross
Chairperson Gebler- yes
Richard Gross- yes
Clare Trapasso- yes
Benjamin Nielsen -yes
Chris Camia- yes
Vote 5-0
9. Approval of minutes, June 20, 2024
Chris Camia moved to approve the June 20, 2024 meeting minutes.
Moved: Camia
Seconded: Nielsen
Chairperson Gebler- yes
Richard Gross- yes
Clare Trapasso- yes
Benjamin Nielsen -yes
Chris Camia- yes
Vote 5-0

10

(7/18/24)

�Chairperson Gebler adjourned the meeting at 8:31 PM.
Respectfully submitted,
Pamela Kroll
Secretary to the Planning Board

11

(7/18/24)

�Exhibit #1
7-16-24- Correspondence from Metro-North Railroad Tuesday, July 16,

From: Harrington, James &lt;Harrington@mnr.org&gt;
Sent: Tuesday, July 16, 2024 7:10 AM
To: Sean McCarthy &lt;smccarthy@sleepyhollowny.org&gt;
Cc: Hollander, Robyn &lt;Robyn.Hollander@mtacd.org&gt;; Kenny, Kevin &lt;KKENNY@mnr.org&gt;; Norris,
Christopher &lt;Christopher.Norris@mtacd.org&gt;; Penders, Michael &lt;MPenders@mnr.org&gt;; Patel, Mae
&lt;MaePatel@mnr.org&gt;; Buder, Andy &lt;andrew.buder@mnr.org&gt;; Bonilla, Anamaria
&lt;AnamariaBonilla@mnr.org&gt;; Webster, Richard &lt;RWebster@mnr.org&gt;
Subject: 17 Pokahoe Drive
Greetings,
We have reviewed the documents indicated in the Public Notice we received regarding 17 Pokahoe
Drive.  Please have the applicant provide plans and supporting engineering to Metro-North Railroad,
addressing the below concerns: 
1. Per EAF Section 17, Storm water will discharge flow to adjacent properties, and detention
systems are proposed.  Please provide the complete stormwater management plan, together
with supporting drainage calculations, confirming that any proposed mitigating measures will
prevent an increase in the rate of runoff resulting from proposed new impervious surfaces.
This should include details/calculations for drainage/leaching of the proposed detention
structures.
2. Engineering for the pool structure, including soil engineering supporting the pool.
3. Details for removal of the retaining wall from the proposed work (per cover letter from G.
Michale Finelli, RA) to see if it was engineered for soil stabilization or an aesthetic detail.
4. Sections and details of the proposed grading at the rear of the property, including slope
stabilization.
5. The proposed earthwork and construction of improvements at the rear of the property may
require a Metro-North Entry Permit.  Please provide means and methods for the work.
Please confirm receipt of our comments.
Thank you,
Jim

James M. Harrington, R.A.

�Deputy Chief - Special Projects
harrington@mnr.org
P# 914-686-8747
C# 646-852-2754
 

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