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                  <text>VILLAGE OF SLEEPY HOLLOW
WATERFRONT ADVISORY COMMITTEE
June 4,2003
The meeting was called to order by Richard Weiss, Chair at 8:04 p.m. The Chair noted
that a quorum was present.
Present:

Richard Weiss, Chairman
Terence McGlynn
Ralph Gunderman
Doug Maass

Absent:

Donald Stever
Karin Adir
George Lence

Also Present: Angie Kahn (Saccardi &amp; Schifi/Village Planner)
Anthony DelVecchio (Recording Secretary)
Announcements:
None.
Agenda:
1)
2)
3)
4)
5)
6)

Minutes of January 2003 meeting
Omnipoint Communications
Dan Beaton/309 North Washington Street
Peter Zegarelli/Ridge Street
Kennedy/Pokahoe Drive + Hemlock Drive - vacant lots
Parking for Committee members

1) Minutes of January 2003 meeting The minutes from the January 2003 meeting were not reviewed. The Chair asked if the
minutes could be re-distributed to the Board members.

2) Omnipoint Noelle Kinsch is representing Omnipoint. She summarized the Planning Board
application to date.
The Chair stated that he would like to know the specific changes from the original
application.
Noelle Kinsch summarized the proposed changes. She stated that the equipment cabinets
have been moved to the rear. She stated that there are also changes in cabling and
antennas.

�The Chair asked if the antennas were higher.
Noelle Kinsch responded no. She reviewed the previous proposal using computer
simulations.
The Chair stated that the only impact is from Route 9.
Ralph Gunderman asked why the antennas needed to be above the chimney.
Noelle Kinsch responded that there is a height requirement based on the terrain of Sleepy
Hollow.
The Chair asked if there was any effective way to screen the antennas.
Noelle Kinsch responded no.
Ralph Gunderman stated that it could increase the size of the structure.
Noelle Kinsch spoke about the benefits of co-located sites.
The Chair noted the receipt of the Draft Generic EIS from the Planning Board.
Raplh Gunderman stated that Village Hall is already a communication site. He stated
that he would not find this application inconsistent with the LWRP.
Doug Maass asked about the antennas on the eastside.
Noelle Kinsch stated that there are no antennas on the eastside.
Terance McGlynn stated that the benefits outweigh the impact.
Doug Maass agreed that it was consistent with the LWRP.
It was determined that the application was consistent by a vote of 3-1 (Chair).
3) Dan Beaton Jeffrey Shumedja is representing this application along with Dan Beaton.
Jeffrey Shumedja stated that this application is for a 2-lot sub-division. He stated that
both lots are conforming to the Village Zoning Code. He also stated that the new lot
would have 11 parking spaces.
There was an open discussion on parking spaces and the proposed easements.
The Chair asked if the lot was visible from Route 9.
Jeffrey Shumedja responded that it will be visible in the wintertime.
The Chair asked why are 11 spaces proposed for a 2-family residence.
Dan Beaton responded that parking would be provided for the 5-family residence next
door.
Waterfront Advisory Committee Meeting, June 4,2003

�The Chair stated that policy l(k) applies to this application.
It was determined that this application was consistent with the LWRP by a 4-0 vote.
4) Peter Zegarelli/Ridge Street Lawrence Borges is the project architect and is representing this application. He stated
that this property is part of the Douglas Hill sub-division and was already approved by
the Architectural Review Board. He summarized the proposed project.
The Chair stated that new homes are now under Waterfront Advisory Committee
jurisdiction.
There was an open discussion on which policies apply to this application. It was agreed
that policy 5(b) does apply and that policies 23, 23(a), 23(b), 25, and 25(a) do not apply.
The Chair asked what surrounds this property.
Lawrence Borges spoke about the house and the surrounding land and elevations. He
also spoke about the appearance of the house.
The Chair asked if water, sewer, etc are available.
Lawrence Borges responded that electric would be installed underground, water would be
provided from Ridge Street and that sewer is available in the area.
Doug Maass asked about the zoning.
Lawrence Borges responded that it is in an R-3 district.
It was determined that the application is consistent with the LWRP by a 4-0 vote.
5) Kennedv/Pokahoe Drive + Kennedy/Hemlock Drive - vacant lots Dennis Rubich is the project architect and is representing this application. He spoke
about the proposed construction of (2) one-family houses.
There was an open discussion on the location of each house on the sub-division.
There was an open discussion on the wetlands on the site.
Angie Kahn stated that the Planning Board has requested information of the wetlands in
the area.
The Chair asked for a copy of the report.
Angie Kahn agreed.
There was an open discussion on the public's view from the property and from the site.
Waterfront Advisory Committee Meeting, June 4,2003

3

�Doug Maass asked about the Village's opinion on two curb cuts.
Angie Kahn responded that she would find out.
The Chair stated that policy 5(b) was not relevant but policies 23 and 25 (a) were relevant
to this application.
The Chair asked how the applicant would mitigate the views from the Fremont House.
Richard Blancato spoke about the location of the house on the lots. He spoke about the
Architectural Review Board application to date.
The Chair stated that the burden is on the applicant to comply with the LWRP. He asked
the applicant how they would mitigate the view from the Fremont House since it is a
historic landmark.
Richard Blancato responded that the applicant would not be touching the historic
landmark.
Ralph Gunderman read policy 23 on historic resources.
Richard Blancato stated that the proposed houses are in scale with the neighborhood.
Doug Maass stated that the houses in the neighborhood are not as large as the houses
proposed in this application.
There was an open discussion on the size of the neighboring houses and lots.
The Chair allowed public comments.
Leonard Andrews (11 Pokahoe Drive) spoke. He read a letter to the Board opposing the
application.
Art McKinley (18 Kingsland Ave) spoke. He is the President of the Sleepy Hollow
Manor Association. He spoke about the concerns with the proposed development. He
stated that no house in Sleepy Hollow Manor has a 3-car garage. He asked about the
McMansion's Law and the size of the proposed developments.
Since there were no further public comments, the Chair closed the public comment
period.
Richard Blancato stated that the application complies with the McMansion's Law. He
stated that the sub-division was legal and the building lots are legal. He stated that the
only issues are the architectural features of the houses.
Doug Maass spoke about the impact to trees.
Richard Blancato responded that the applicant would go before the Tree Commission
also.
Waterfront Advisory Committee Meeting, June 4,2003

4

�Doug Maass referred to policy 25(b). He stated that the application was inconsistent with
trees and several issues of policy 25(b). He stated that he would like to see both houses
and the Fremont house on one plan. He also stated that the plans were not sealed by the
architect/engineer. He also referred to the Coastal Assessment Form regarding storm
water and wetlands.
Richard Blancato responded that he disagreed with the Coastal Assessment Form
comments.
The Committee reviewed each policy separately.
The Committee unanimously agreed that the application is inconsistent with policy 23 of
the LWRP (4-0).
The Committee unanimously agreed that the application is inconsistent with policy 23 (a)
oftheLWRP(4-0).
The Committee unanimously agreed that the application is inconsistent with policy 25 of
the LWRP (4-0).
The Committee unanimously agreed that the application is inconsistent with policy 25 (a)
of the LWRP (4-0).
It was also agreed that the vote would apply to both applications.

6) Parking for Committee members The Chair read a letter from George Tanner regarding available parking for Board
members for meetings. He stated that a request should be sent to his attention at Village
Hall if interested.

Doug Maass made a motion to adjourn. Ralph Gunderman seconded. It was unanimous
(4-0).

Adjourned at 9:54 PM.
Respectfully Submitted,

Anthony DeiVecchio
Waterfront Advisory Committee Meeting, June 4,2003

5

�RECEIVED

*

Village of Sleepy Hollow
Waterfront Advisory Committee
28 Beekman Avenue
Sleepy Hollow, New York, 10591

JUN

1 7 MM

VILLAGE CLERK

CONSISTENCY FINDINGS
Application for Installation of Wireless Communication Facilities
at 28 Beekman Avenue (Village Hall)
The Waterfront Advisory Committee of the Village of Sleepy Hollow (the "Committee")
reviewed, at its meeting on June 4, 2003, a proposal by Omnipoint Communications, Inc. (the
"Applicant") for the installation of wireless communication facilities (the "Facilities") atop
Village Hall, at 28 Beekman Avenue in the Village of Sleepy Hollow. (The 28 Beekman Avenue
site is hereinafter referred to as "Village Hall" and the Village of Sleepy Hollow is hereinafter
referred to as the "Village"). The proposal was presented by Noelle M. Kinsch, Esq. of the law
firm of LeBoeuf, Lamb, Greene &amp; MacRae, LLP, counsel for the Applicant. Ms. Kinsch
responded to the Committee's questions.
Four members of the Committee, comprising a quorum, were present at the meeting. The
Committee, by a vote of three to one, found the proposal consistent with the LWRP.
The Proposal
The Facility would consist of a number of antenna panels that would be affixed above the
roofline at the top of Village Hall. Related equipment would be placed behind Village Hall and
would not be visible to the public.
Consistency Findings
The Committee, in reaching its determination as to the consistency of the proposal with
the LWRP, gave specific consideration to Policy 25B of the LWRP as being applicable to the
proposal.
Policy 25B - PROTECT OR ENHANCE THE FOLLOWING IDENTIFIED SCENIC
RESOURCES AS AREAS AND VIEWSHEDS OF LOCAL SCENIC SIGNIFICANCE. [The
nine identified scenic landscape subunits include the Upper and Lower Village, and the
twenty-three identified viewsheds of local importance include Beekman Avenue at the
intersection with U.S. Route 9.]
The Committee, in considering the consistency of the proposal with Policy 25B noted
that an array of antennas had previously been approved and had been installed by Verizon
Wireless at the top of Village Hall. The Committee considered that, while the proliferation of
antennas could, at some point, create an excessive imposition upon the protected viewshed, but
concluded that the addition of the proposed Omnipoint antennas to the rooftop site would not
present a significant additional burden for the viewshed. The Committee also took note of the
fact that the Facilities as originally proposed had been modified to place the support equipment

�/

*

cabinet out of sight, behind Village Hall. Ms. Kinsch further advised the Committee that another
wireless facility previously-approved for the Village Hall site, that of Nextel Communications,
was not being implemented, so that Applicant's Facilities would be the second, not the third,
antenna array at the Village Hall location.
The Committee, in reaching its findings, took into account the public need for reliable
wireless communications service and the economic benefit to the Village that would be derived
from the project in the form of rental income. Accordingly, the Committee found, by a vote of
three to one, that the proposal would be consistent with Policy 25B.

�06 17 2003 13:07 FAX 203 552 2869

CR0MPT0M COFP LAW DEPT

2)002

RECEIVED
JUN 1 7 2003
Village of Sleepy Hollow
Waterfront Advisory Committee
26 Beekman Avenue
Sleepy Hollow, New York. 10801

VILLAGE CLERK

CONSISTENCY FINDINGS
Residential Construction ~ Hemlock Drive and Pokahoe Drive
The Waterfront Advisory Committee of the Village of Sleepy Hollow (the "Committee*')
considered, at its meeting on June 4,2003, a proposal (the "Proposal") for the construction of
two single family residences, one on Hemlock Drive and one on Pokahoe Drive, in the Village of
Sleepy Hollow (the "Sites"). The applicant for the Proposal is James Kennedy Construction Co.
Inc. ("Applicant"). Mr. Dennis Rubich, architect for the proposed project, and Richard Blancato,
Esq., counsel for the Applicant, presented the Proposal and responded to questions from the
Committee.
Four members of the Committee, comprising a quorum, were present at the meeting. The
Committee unanimously concluded that the proposed construction would be inconsistent with the
goals of the Sleepy Hollow Local Waterfront Revitalization Plan ("LWRP") and with the policies
thereof applicable to the Proposal. Although the two Sites were submitted to the Committee as
separate applications, Mr. Blancato consented to the consideration of the two Sites at the same
time. The Committee's findings were applicable to both Sites.
The Proposal
The Sites consist of one lot of 15,928 square feet with frontage on Hemlock Drive and
one lot of 16,985 square feet with frontage on. Pokahoe Drive. Both lots are zoned R-2A. The
Applicant wishes to construct a single-family residence consisting of 3,145 square feet on the
Hemlock Drive Sice and a single-family residence consisting of 3,388 square feet on the Pokahoe
Drive Site. Both Sites are adjacent to Pokahoe (also known as Fremont House), the home of
Civil War General John Charles Fremont, which has been identified in the LWRP as a resource
"of significance in the history, archaeology or culture of the Village."
Consistency Findings
Since the Proposal consists of the construction of single family residences, the
Committee's review is, under the Consistency Review Law (as amended) implementing the
LWRP, limited to actions that "will or may have an effect on the policy standards and conditions
set forth in LWRP Policies 5B, 23,23A, 23B, 25 or 25A " The Committee found that all of
these polices would be applicable to the Proposal other than Policies 5B and 23A.
POLICY 23 - PROTECT, ENHANCE AND RESTORE STRUCTURE, DISTRICTS,
AREAS OR SITES THAT ARE OF SIGNIFICANCE IN THE HISTORY,
ARCHITECTURE OR CULTURE OF THE STATE, ITS COMMUNITIES OR THE
NATION.

�OR 17 2005 13:07 FAX 203 552 2869

CROMPTOM COFP LAW DEPT

POLICY 23B - PRESERVE AND ENHANCE THE STRUCTURES, AREAS, OR SITES
WITHIN THE VILLAGE OF SLEEPY HOLLOW THAT HAVE BEEN IDENTIFIED AS
BEING ELIGIBLE FOR LISTING ON THE STATE AND/OR NATIONAL REGISTER
OF HISTORIC PLACES.
The LWRP takes the view that "[ajmong the most valuable of the State's man-made
resources are those structures or areas which are of historic, archaeological, or cultural
significance, and mandates protection including "concern not just with specific sites, but with
areas of significance, and with the area around specific sites (Explanation of Policies). The
applicable policies demand "[a]ll practicable means to protect structures, districts, areas or sites
that are of significance in the history, architecture, archaeology or culture of the Village, the
State, or the Nation" as well as prevention of "significant adverse changes to such significant
structures, districts, areas or sites" (Id.). Fremont House is identified in the LWRP Section II
Inventory and Analysis (page 11-58) as being listed on the Westchester County Inventory of
Historic Places and on the State and National Registers of Historic places and, an previously
noted, is among the ''resources*' specifically listed on the LWRP's roster of "structures of
significance in the history, architecture of culture of the Village.*' The LWRP cites factors that
would constitute adverse changes to structures covered by the LWRP policies and provides
standards that are to be applied in considering proposed activity adjacent to the resource. It
states; "Compatibility between the proposed action and the resource means that the general
appearance of the resource should be reflected in the architectural style, design material, scale,
proportion, composition, mass, line, color, texture, detail, setback, landscaping and related items
of the proposed actions'* (Explanation of Policies). Among the activities cited by the
Explanation of Policies as a "significant adverse change" is the following: "All proposed action
within the 500 feet of the perimeter of the property boundary of the historic, architectural,
cultural, or archaeological resource and all actions within an historic district than would be
incompatible with the objective of preserving the quality and integrity of the resource" (Id).
The Committee noted that the side yard set backs for the two proposed homes would
place them only ten feet away from the property boundary for Fremont House and only a very
short additional distance from Fremont House itself. The size and placement of the proposed
structures would necessarily have a significant, and adverse, impact on the character of the
Fremont House resource. Although the Committee recognizes that Fremont House has
undergone significant structural changes since it served as General Fremont's residence, it has
recently undergone a significant renovation by its new owners. While this renovation does not
purport to be a faithful recreation of the portions of the original structure that were lost several
decades ago, it does restore some original elements, and pays sympathetic homage to other
portions, of the original stone mansion. It should also be noted that at the time the LWRP
identified Fremont House as a significant Village resource, the mansion had already undergone
major structural modification and appeared less like the original Fremont residence than it does
following the recent renovations.
The Comrmttee did not receive, and therefore did not review, details as to the proposed
design, material, composition, line, color, texture, detail or landscaping of the proposed
residential structures (elements cited in the above-referenced Explanation of Policies as relevant
2

�08 17 2003 13 08 FAX 203 352 2869

CR0MPT0M CORP LAW DEPT

2)004

to the analysis of compatibility of the proposed action with the protected resource), but the
Committee did observe that the addition of the new structures would, because of their proposed
architectural style, scale, proportion, mass and setback, introduce a jarring dissonance with the
Fremont House resource. Accordingly, the Committee unanimously concluded chat the Proposal
not only would do nothing to protect, enhance, restore or preserve Fremont House, but that it
would significantly, permanently and adversely affect it, and that the damage to this Village
resource made the Proposal inconsistent with Policies 23 and 23B.
Policy 25 - PROTECT, RESTORE OR ENHANCE NATURAL AND MAN-MADE
RESOURCES WHICH ARE NOT IDENTIFIED AS BEING OF STATEWIDE
SIGNIFICANCE, BUT WHICH CONTRIBUTE TO THE OVERALL SCENIC
QUALITY OF THE COASTAL AREA.
Policy 2SA - PROTECT OR ENHANCE VIEWS OF THE HUDSON RIVER, THE HUDSON
RIVER VALLEY, AND THE OPPOSITE SHORE FROM THE IMMEDIATE
RIVERFRONT AS VIEWED FROM PUBLICLY OWNED PROPERTIES.
The Committee noted that the two proposed residences would not enhance, but would rather
impair, views of the Hudson River from Hemlock Drive and Pokahoe Drive, publicly owned
property. (The Committee did observe, however, that they might not be visiblefromthe Hudson
River.) There is currently a desirable Hudson River view from Hemlock Drive that would be lost
after installation of the residence at the Hemlock Drive Site. There is also a potential river view
from Pokahoe Drive that could be improved by the pruning of overgrown shrubbery (an
improvement that, the Committee pointed out, the Village has the power to mandate).
The Explanation of Policies applicable to Polices 25, 25A and 25B emphasizes that the
LWRP policies contemplate that "action will be taken so as to protect, restore or enhance the overall
scenic quality of the coastal area. The Explanation of Policies specifies, as an activity "which could
impair or further degrade scenic quality:
"the addition of structures which because of their siting or scale will reduce identified views
or which because of scale, form or materials will diminish the scenic quality of an identified
scenic resource."
This Explanation of Policies notes a number of "(s]tandards for minimizing scenic impairment and
[promoting] visual access." These include:
"incorporating sound, existing structures (especially historic buildings and structures) into
the overall development scheme;

"using appropriate scales, forms, and materials to ensure that buildings and other structures
are compatible with and add interest to the landscape;
3

�una 1 3 : 0 9 FAX 2ft3 5 5 2

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CROMPTOM CORP LA* DEPT

&amp;005

"any new construction or activities in the Village must be undertaken so as not to obstruct
view identified in Policy 256. Particular attention must be paid to view from public parks
and public rights of way,
"construction within the identified viewsheds and scenic corridors must be in a manner that
will not obstruct the view and identified important elements of that view to the maximum
extent practicable ..."
The Proposal appears inconsistent with these standards in numerous respects. Although Fremont
House is not part of the development area for the proposed action, it is adjacent to the construction
Sites. The Proposal appeared to the Committee to have the following defects: The proposed
structures, due to size, scale and location, are inhospitable to the integrity of the Fremont House
historic site and incompatible with a landscape that consists of a historic mansion in an unobstructed
setting, and the proposed residences clearly obstruct protectedriverviews. All views of the Hudson
River from public property are generally protected by Policy 25A and the river viewsheds from
Pokahoe Drive are, in addition, specifically identified in Policy 25B (referred to in the Explanation
of Policies as an important point of visual access). Although views of the Hudson from Hemlock
Drive are not similarly referenced in the Explanation of Policies, the views across the Hemlock Drive
Site are not dissimilar to those from Pokahoe Drive and are no less entitled to the protection of river
views mandated by Policy 25A. Thus the Committee found that the Proposal was inconsistent with
Policy 25A
Of similar importance was the Committee's recognition that Fremont House in its riverfront
setting is clearly identifiable as a man-made resource which contributes to the overall scenic quality
of the coastal area. As such this the Committee concluded that this resource would neither be
protected, enhanced nor restored by the proposed construction of large structures on either side of it
Accordingly the Committee determined that the Proposal was inconsistent with Policy 25.
For the foregoing reasons, the Committee unanimously found that the Proposal is
inconsistent with Policies 23,23B, 25 and 25A.

'Richard D. Weiss, Chairman

4

�r

—1VED

JU* 1 7 2003
Village of Sleepy Hollow
Waterfront Advisory Committee
28 Beekman Avenue
Sleepy Hollow, New York, 10591

Vli^w-*. CLERI

CONSISTENCY FINDINGS
Application for Subdivision at 309 North Washington Street
At its meeting on June 4,2003, the Waterfront Advisory Committee of the Village
of Sleepy Hollow (the "Committee") reviewed a proposal by Mr. Dan Beaton (the "Applicant")
for the subdivision of a single lot located at 309 North Washington Street in the Village of Sleepy
Hollow (the "Site") and the construction of a two-family house on the new lot so created. The
Committee reviewed Mr. Beaton's plans and discussed the project with him, and concluded that
the subdivision and construction of the new residential structure would not be inconsistent with
the goals and policies of the Sleepy Hollow Local Waterfront Revitalization Plan ("LWRP").
Four members of the Committee, comprising a quorum, were present at the meeting.
The Proposal
The Site is located at the northern end of North Washington Street and subdivision would
create a new "flagpole lot" that would include eleven parking spaces to accommodate the parking
needs of the new residence and of a multifamily residence occupying a contiguous property. The
upper portion of the new residential structure would be partially visible from Route 9,
particularly during seasons when the trees are not in leaf.
Consistency Findings

"

The Committee, in reaching its determination as to the consistency of the proposal with
the LWRP, gave specific consideration to Policies IK and 25B.
Policy IK - RESTORE, REVITALIZE, AND REDEVELOP THE AREA ALONG, AND
ON BOTH SIDES OF NY ROUTE 9 (NORTH BROADWAY) WITH APPROPRIATE
CONSIDERATION GIVEN TO LANDSCAPING AND SCENIC VIEWSHED
PROTECTION, BETWEEN ITS INTERSECTION WITH BEEKMAN AVENUE AND
THE BRIDGE CROSSING THE POCANTICO RIVER.
Policy 25B - PROTECT OR ENHANCE THE FOLLOWING IDENTIFIED SCENIC
RESOURCES AS AREAS AND VIEWSHEDS OF LOCAL SCENIC SIGNIFICANCE. [The
twenty-three identified viewscapes of local importance include U.S. Route 9 (North
Broadway)].
The Committee considered the size and location of the proposed new structure and
concluded that the degree of its visibility from Route 9 was not significant and that, to the extent
it would be visible from the Route 9 corridor, the structure would blend with surrounding
residences. The Explanation of Policies applicable to Policy IK includes standard "e" ('The

�action must lead to development which is compatible with the character of the area with
consideration given to scale, architectural style, density, and intensity of use") and standard "i"
("Adequate off-street parking shall be provided for all uses). North Washington Street includes
numerous multifamiiy dwellings and the style and materials for the proposed new residence have
been selected to echo the style and materials of the residence currently on the Site. The
Applicant advised the Committee that building height was consistent with surrounding structures
and with applicable zoning requirements as required by standard "k" ("In order to foster and
maintain the small scale historic character of the Village, all new developments and structures
shall not exceed the building heights of surrounding structures and that allowed by the zoning
district where such use is proposed"). Moreover, the Applicant is providing more parking spaces
than are required by Village zoning for the new two-family home, thus providing some relief
from the strained parking resources of North Washington Street.
Thus, it did not appear to the Committee that the proposed subdivision would adversely
affect the Route 9 corridor and its scenic viewshed. The Committee unanimously found that the
proposal was not inconsistent with Policies IK and 25B.

�r

Village of Sleepy Hollow
Waterfront Advisory Committee
28 Beekman Avenue
Sleepy Hollow, New York, 10591

" ~EIVED

•WN t 7 2003
Vll...„oe CLERK

CONSISTENCY FINDINGS
Residential Construction - Ridge Street
The Waterfront Advisory Committee of the Village of Sleepy Hollow (the "Committee")
considered, at its meeting on June 4, 2003, a proposal (the "Proposal") for the construction of a
single family residence on Ridge Street in the Village of Sleepy Hollow. The applicants for the
Proposal are Peter and Carol Zegarelli. Mr. Lawrence Borges, architect for the proposed project,
presented the Proposal and he and Mr. Zegarelli responded to questions from the Committee.
Four members of the Committee, comprising a quorum, were present at the meeting. The
Committee Unanimously concluded that the proposed construction would not be inconsistent
with the goals of the Sleepy Hollow Local Waterfront Revitalization Plan ("LWRP") and with
the policies thereof.
The Proposal
The Property consists of 78,818 square feet of unimproved land at the top of Ridge Street.
It is zoned R-3. The Applicant wishes to construct a single-family residence at the site for
personal use.
Consistency Findings
Since the proposed project consists of the construction of a single family residence, the
Committee's review is, under the Consistency Review Law (as amended) implementing the
LWRP, limited to actions that "will or may have an effect on the policy standards and conditions
set forth in LWRP Policies 5B, 23, 23A, 23B, 25 or 25A." The Committee noted that the only
applicable LWRP Policy that could be affected by the proposed construction was Policy 5B.
Policy 5B - RETAIN THE RURAL RESIDENTIAL, AGRICULTURAL, AND OPEN
SPACE CHARACTER IN THOSE AREAS OF THE VILLAGE EAST OF THE OLD
CROTON AQUEDUCT
The applicable Explanation of Policies applicable to Policy 5B generally includes the
following development goals for the Village:
"strengthen existing residential, industrial and commercial centers;
"foster an orderly pattern of growth;
"increase the productivity of existing public services and moderate the need to provide
new public services in outlying areas;

�"preserve open space in sufficient amounts"
Messrs. Borges and Zegarelli outlined the existing infrastructure available to provide services to
the site, and the Committee concluded that these resources appeared adequate so that the
proposed construction would not place undue burdens on Village resources. The Committee also
referred to the types of development projects and activities that are cited in the applicable
Explanation of Policies as being outside the more restrictive development guidelines of Policy
5B. The Committee observed that the proposal seemed to qualify as "Development which,
because of its isolated location and small scale, has little or no potential to generate and/or
encourage further land development."
Similarly, the Committee noted that the use of the site seemed to be consistent with the
goal of Policy 5B to maintain the rural character of this part of the Village. The applicable
Explanation of Policies includes the following notation, of particular relevance to this site:
"To maintain the existing rural agricultural/residential and open space
characteristics of the eastern portions of the Village, emphasis will be placed during
project review on preserving open space, encouraging development to place in the more
built-up areas of the Village and reusing existing building stock."
The Committee observed that the use of a sizable building lot for the construction of one
residence, rather than the use of the available land (and, perhaps, adjacent properties) for smaller
lots and a greater number of homes, would tend to preserve the rural character of this portion of
the Village. In addition, Mr. Borges emphasized that the style of architecture chosen for the site
was selected with the express purpose of maintaining a rural feeling at this location.
Accordingly, the Committee unanimously found that the proposed construction of the
proposed single family home would not be inconsistent with Policy 5B.

Cg AJ&lt; y^—
Richard D. Weiss, Chairman

2

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