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I
VILLAGE O F SLEEPY H O L L O W
BOARD OF TRUSTEES MEETING
July 17,2001

The meeting was called to order by Mayor Zegarelli at 8:06 p.m.
Present:

Mayor Philip Zegarelli
Trustee
Trustee
Trustee
Trustee
Trustee

Absent:

I

DiFelice
Stever
Zieja
Higle
Rodriguez

Trustee Hart

Also Present: Dvvight Douglas (Village Administrator)
Barbara Napoli (Village Treasurer)
Brian Murphy (Murphy, Stecich &amp; Powell/Village Attorney)
Dave Smith (Saccardi &amp; Schiff7Village Planner)
Anthony DelVecchio (Recording Secretary)
Joel Sachs (Keane &amp; Beane/ Village Attorney)
The meeting was started with a prayer and a pledge to the flag.

I

Agenda:
a) Public Hearing
b) Approval of minutes: May 22,2001 and July 10,2001
c) Public Comments
d) Approval of Warrants
e) Mayor's Report
I) Trustee Report
g) Administrator's Report
h) Resolutions
i) Old Business
j) New Business
k) Communications, petitions and Requests
1) Public Comments

Announcements:
None
a) Public Hearing
None

�b) Approval of Minutes: May 22,2001 and July 10,2001The minutes from the May 22,2001 meeting were reviewed.
The following corrections were noted:
On page 3, change:
"The Mayor responded that the same procedures were followed at that time."
To read:
"The Mayor responded that very specific procedures were followed for the sale of the
property of Millard Ave. The Mayor stated that he could not attest to the
procedures at the time of the property sale of Hudson Street."
Trustee Stever made a motion to amend the minutes. Trustee Higle seconded. It was
unanimous. (6-0).
Trustee Stever made a motion to approve the minutes with corrections. Trustee Higle
seconded. It was unanimous. (6-0).

The minutes from the July 10,2001 meeting were reviewed.
The following corrections were noted:
On page 1, add:
Absent:

Trustee Hart
Trustee DiFelice
Trustee Steyer

Trustee Higle made a motion to approve the minutes with corrections. Trustee
Rodriguez. It was unanimous. (6-0)

c) Approval of Warrants None

Village Board of Trustees Meeting, July 17,2001

�/sy-

I
d) Public CommentsTed Eck (1 Riverside Drive) questioned the recent parking fee increase for the residents
of 1 Riverside Drive.
The Mayor responded that parking fees for other areas of the Village have increased
accordingly over the years but the fees at 1 Riverside Drive have not. The current fees do
not cover the costs associated with the parking area.
Henrietta Brand (107 Cortlandt Street) commended the Board for Sykes Park.
The Mayor gave a brief history on the park renovations" and the July 27 dedication.
Henrietta Brand suggested having some people to help maintain the park.
The Mayor stated that this was a good idea. The Mayor also commended the contractor
for an excellent job.

I

Mario Belanich stated that the residents were not properly notified about the recycling
garbage pick-up for July 4th.
The Mayor explained the July 4th garbage pick-up schedule.
Mario Belanich stated that more notifications are needed. He also stated that summonses
were issued to people who put garbage in bags.
The Mayor referred the matter to the Police Chief.
e) Mayor's Report The Mayor read a letter from Ms. Esposito on the sidewalk removal. The Mayor stated
that this request was denied due to safety. There was a discussion on the Hudson Terrace
sidewalks. The Mayor stated that Joe DeFeo would investigate.
The Mayor stated that Village employees cannot use a cell phone while operating a motor
vehicle unless it's an emergency.
The Mayor stated that there was a Columbus Day parade meeting on July 30,2001.
The Mayor stated that there was a Department heads meeting for Thursday at 8pm.

I

The Mayor stated that Bob Stiloski would send a letter to Phelps Hospital concerning
false alarms.
The Mayor spoke about the buyout option of the GM site.
f) Trustee's Report Trustee DiFelice read the DPW report (attached).
Village Board of Trustees Meeting, July 17,2001

3

i u JS * - r a i i i i i i _ f e t 1 ^ ^ ^ j

�Trustee Rodriguez had nothing to report.
Trustee Stever read a letter from Elizabeth Garise on Gory Brook Road.
The Mayor stated that this item would be on the next work session agenda.
Trustee Zieja had nothing to report.
Trustee Higle stated that the concerts in the park are ongoing.
g) Administrator's Report The Mayor stated that there will be a special meeting on Tuesday, July 24th to discuss
personnel issues, pay bills and set a hearing date for Kendal in August.
The Mayor stated that the Statue Committee has been created and will meet periodically.
h) Resolutions See attached.
i) Old Business Trustee DiFelice — asked for an update on the Cortlandt St parking lot.
The Mayor stated that he was meeting with Bruno tomorrow.
Trustee Stever stated that Karl Dibble's property contains large metal containers and is
unkempt.
The Mayor referred this matter to Dwight Douglas.
i) New Business The Mayor stated that he received a letter from the PBA concerning opening .
negotiations.
The Mayor stated that he received a letter from Jerome Fine concerning the IBM line.
k) Public Comments None
Village Board of Trustees Meeting, July 17,2001

4

�/y6

Trustee DiFelice made a motion to adjourn. Trustee Higle seconded. It was unanimous(6-0).
Adjourned at 9:50pm to next meeting.
Respectfully Submitted,
Anthony DelVecchio

Village Board of Trustees Meeting, July 17,2001

5

�I SI

I
PUBLIC WORKS REPORT
JULY 17,2001
Hemlock Drive has been milled in preparation for paving.
Our pump station on Sleepy Hollow Road has been renovated. New roof, gutters
and exterior paint.
Light poles and parking meter poles are being painted.
New drainage will be installed on Sleepy Hollow Road.
Due to the violent storm on July 11th the Village suffered major tree damage. The
Department of Public Works had extensive clean up for several days following the
storm.

I

The 50/50 sidewalk program is continuing.
A new walkway will be installed on Webber Avenue.
We are repairing the wall by the Pocantico River on Dell Street.

I

�/S€

I
Meeting Date: 07/17/01!
Resolution #: 07/67/01

Be it Resolved that Kevin Donnelly of 5 So. Randolph Avenue, Poughkeepsie, New ,
York is hereby appointed to the position of Police Officer Grade I at an annual
salary of $61,854.00 effective August 13,2001. Said candidate has successfully
passed the physical and psychological examinations required for the position. Said
appointment is subject to a probationary period of twelve (12) months from the
effective date of this appointment and is subject to the approval of Westchester
County Civil Service.
T r u s t e e Higle

I

Moved:

T r u s t e e Rodriguez
Seconded:
Vote:

6-0 -

Meeting Date: 07/17/01
Resolutions O 7 / 6 8 / 0 1
' Be it resolved that the Board of Trustees does hereby approve the appointment of Alexis Rios, 5 N. Washington Street, Tarrytown, New York as part-time Parking
Enforcement Officer at an hourly salary of S10.00 per hour. Said appointment is for
-* a probationary period of twelve to twenty six weeks and is subject to the approval of
Westchester County CivilService.
*•-""-"
. Trustee DiFelicec
. .Trustee Zieja
Moved:
Seconded:
M

I

-

Vote:

°6

_ u0

�Resolution #:

07/69/01

July 17, 2001
RESOLUTION OF THE MAYOR AND BOARD OF TRUSTEES
ADOPTING WATERFRONT CONSISTENCY REVIEW
FINDINGS OF CONSISTENCY

WHEREAS, on or about June 11,1999, Kendal on Hudson and Phelps Community Corporation
O'ointly the "Applicant") did submit a formal petition to the Mayor and Board of Trustees of the
Village of Sleepy Hollow (the "Board" or "Agency" as defined in Section 59A-3 of the Village
Code), including a completed Coastal Assessment Form, for proposed zoning text amendments
and site plan approval application to allow a continuing care retirement community (CCRC) on
the ground of the Phelps Memorial Hospital; and
WHEREAS, the Applicant was required to prepare and address issues related to the Village's
Local Waterfront Revitalization Plan (LWRP) in the Draft Environmental Impact Statement,
Final Environmental Impact Statement and discussed in the Environmental Findings Statement
which was adopted by the Agency on June 19,2001; and .

WHEREAS, the Applicant last appeared before the Village's Waterfront Advisory Committee
(WAC) on June 18,2001 to discuss consistency with the policies outlined in the Village's
LWRP; and

WHEREAS, the WAC has since adopted and circulated a consistency findings recommendation,
on file at the office of the Village Clerk, which stated that, on balance, the proposed project was
consistent with the applicable LWRP policies; and

WHEREAS, the Agency has reviewed in detail the WAC's consistency recommendation has
discussed it in detail and is in general agreement with said recommendations except as noted
below; and

WHEREAS, the Agency has reached separate conclusions pertaining to the recommendations

�/&amp;&lt;$

Resolution #: 07/69/01

Continued

associated with the proposed building programs relationship to the adjacent James House and
Rockwood Hall State Preserve (Policies 23 and 23B); and

WHEREAS, the Agency recognizes that: the Applicant has reduced the density, scale and
massing of the initially proposed project; the proposed project will not disturb the James House
but will be located down gradient and at least 100 feet from the front porch of the James House;
a comprehensive landscape plan incorporates plantings including a decorative stone wall be
located between the James House and the proposed CCRC to soften the visual impacts of the
proposed building program; access and parking for the James House would be improved as a
result of the proposed project; the Applicant has improved the aesthetic appearance of the facade
of the proposed building program and will continue to work with the Planning Board and .
Architectural Review Board to further refine and improve this design component; the proposed
site design opens up vistas of the Hudson River and western shoreline which were heretofore
screened from the James House; a comprehensive landscape program including topographic
berms is proposed along the northern boundary of the site in the vicinity of Rockwood Hall; the
Applicant has received an easement across a portion of the Rockwood Hall property which
expressly permits the construction of an access road traversing an existing carriage path and that
the Applicant has since modified the plan to minimize impacts to greatest extent practicable; and

WHEREAS, the Agency notes that the conclusions reached herein on specific LWRP policies
may differ from those adopted by the WAC in their consistency recommendation, but such
differences are not significant given that the WAC recommended that, on balance, the project
was consistent with the goals and policies of the Village's LWRP; and

"NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Board of Trustees does hereby
adopt the attached Findings of Consistency last revised July 17; 2001 and summarized at the
regular meeting of the Mayor and Board of Trustees on July 17,2001.

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S e c o n d ; fr. * ' • &lt;JL

V,1c:

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July 17,2001 (5:45PM)
Village of Sleepy Hollow
Mayor and Board of Trustees
28 Beekman Avenue
Sleepy Hollow, New York, 10591
Finding of Consistency
Kendal on Hudson
The Mayor and Board of Trustees of the Village of Sleepy Hollow (the "Agency") has reviewed a
proposal ("Proposal") submitted by Kendal on Hudson (the "Applicant") for the development of a
continuing care retirement community (CCRC) on the grounds of the Phelps Memorial Hospital
Center ("Pheips") in the Village of Sleepy Hollow (the "Village"). This Finding of Consistency is
prepared as per the requirements of Chapter 59A, Waterfront Consistency Review, of the Village
Code of the Village of Sleepy Hollow. The Agency has been coordinating the environmental review
under the State Environmental Quality Review Act (SEQRA) and has recently adopted an
environmental findings statement. As required under Section 59A - 5.A, the Agency must make a
determination that the action is consistent with the LWRP policy standards and conditions as
outlined in subsection 59A - 5.G. In the subject case, the action is defined as the proposed zoning
text amendments which would allow a CCRC as a special permit use in the H-Hospital District.
During the course of the environmental review, but on a parallel track, the Applicant has submitted
material to the Waterfront Advisory Committee (WAC). The WAC has recently submitted their
consistency findings to the Mayor and Board of Trustees for their review and consideration. In
summary, the WAC found that, on balance, the Project was consistent with the goals and policies
of the LWRP.
In certain instances, the consistency findings made by the Agency echo the comments raised by the
WAC, in other instances the Agency has had a different interpretation, based upon their
comprehensive understanding of the Proposal and its relationship to the Village of Sleepy Hollow
community as a whole.
The Project
The development project (the "Project" or "Kendal"), as presented during the course of the
environmental review and subsequently modified, consists of 225 independent living apartments,
24 assisted living apartments and 42 skilled nursing rooms contained within 435,000± square feet
of structures. The proposed CCRC units comprise four buildings. Three of the buildings would
contain independent living units (generally referred to in the Applicant's submission documents as
ILU East, ILU West and ILU South). The fourth building,-the^ Commons-Building, woulihouse
community facilities, a health center, assisted living units and skilled nursing facilities, as well as
some additional independent living units. The Project would be sited on the western side of the
1

�Phelps campus, north of the Sleepy Hollow Manor section of the Village and south of the Rockwood
Hall section of the Rockefeller State Park Preserve. The proposed site is located in the Village's HHospital Zoning District. The Project contemplates that the H District zoning would be amended
to allow CCRC facilities as a special permit use within the district and to otherwise accommodate
the Project.
Access to the site would be provided from NY Route 117 and Rockwood Road (using an easement
over lands that were owned by the Laurance S. Rockefeller Fund prior to dedication of the
Rockwood Hall property to the State of New York as part of the Rockefeller State Park Preserve)
and through a portion of the Phelps property. Signs for the CCRC would direct traffic to the Route
117/Rockvvood Road access and it is expected that these signs would minimize access via the main
Phelps entrance from US Route 9. Parking for 390 vehicles would be provided in structures located
beneath the proposed buildings, on-grade in the vicinity of the proposed buildings and beneath a
proposed parking deck.
The Project has been modified a number of times since its initial submission to the Agency. These
modifications have included a reduction in the number of assisted living units from forty to twentyfour, lowering the height of a portion of the Commons Building from an originally-proposed seven
stories to five stories, provision for additional vegetative plantings and landscape buffer
enhancements and improvements to the sewer and water systems that serve the Phelps Hospital
property and the Village. The architecture for the Project has also been modified since the time of
the initial submission in order to make the buildings appear less institutional and to achieve greater
harmony with the architectural style of the James House, a mansion of local cultural importance
owned by Phelps and adjacent to the Project site. Specifically, the proposed architecture is intended
to reflect the Italianate style of the James House, and the building facades would incorporate a
mixture of different building materials, varying window' treatments and ornamental roof elements
to break up the apparent massing of the proposed buildings. The modifications to the Project were
based on comments raised as part of the public hearing process on the Project's Environmental
Impact Statement ("EIS"), and in response to concerns raised by members of the Agency during prior
meetings at which the Project had been reviewed.
A comprehensive landscape program is proposed by the Applicant, which would include the
preservation of a 7± acre buffer between the proposed CCRC and the Sleepy Hollow Manor
neighborhood to the south. This buffer, which presently contains a number of dead or unhealthy
trees, would be enhanced by additional reforestation plantings and would be maintained by Kendal.
Further, the Applicant proposes a series of landscaped berms within the easement on the north side
of the site, adjacent to Rockwood Hall. Landscaping is also proposed between the James House and
the proposed ILU East and Commons Building, which is intended to soften the views of the
proposed CCRC facility from the James House. Existing views of the Hudson River from the James
House are, at present, largely screened by existing vegetation. The proposed plan would remove
much of this vegetation, opening up views of the Hudson River and th&amp; western shoreline from the
James House.

2

�The Applicant proposes to connect to existing Village water and sewer service.
Consistency Findings
The Agency, in reaching its conclusion as to consistency of the Project with the Village's Local
Waterfront Revitalization Plan ("LWRP"), considered Policies 5, 5A, 7D, 7E, 17,17A, 18,18A,
18B, 18C, 19,19D, 21D, 23,23B, 25,25A, 25B, 32A, 33 and 37 of the LWRP as being specifically
applicable to the Project. After careful review of the applicable LWRP policies, the Agency found
that the Project, as a whole, is consistent with the purposes and polices of the LWRP.
Policy 5 - ENCOURAGE THE LOCATION OF DEVELOPMENT IN AREAS WHERE
PUBLIC SERVICES AND FACILITIES ESSENTIAL TO SUCH DEVELOPMENT ARE
ADEQUATE.
Both municipal water and sewer utilities are available to service the Project. The Village has
recently acquired water rights that should improve the water supply system in the northern portion
of the Village, which includes the Phelps site and the Sleepy Hollow Manor residential
neighborhood. Connection of the proposed CCRC facility to this "northern loop" of the Village
water supply system will enable the northern loop to back-feed Sleepy Hollow Manor, and is
expected to increase pressure to this portion of the Village, which has long been plagued by low
water pressure.
Similarly, the Applicant proposes to connect to an existing sewer main serving Phelps which, in rum,
connects to sewer mains running through Sleepy Hollow Manor to a pump station located on
Riverside Drive. The Agency, during the course of the environmental reviewprocess, had expressed
concerns that the existing Project could adversely impact the Village's sewer system and aggravate
existing capacity problems in the Sleepy Hollow Manor. However, the County of Westchester has
committed to making improvements to portions of the Sleepy Hollow Manor sewage lines as part
of a county-wide program relating to sewer inflow and infiltration, and the Applicant has committed
to provide three hundred thousand dollars to the Village to fund improvements to other relevant parts
of the Sleepy Hollow Manor sewer lines and manholes and upgrades to the existing Village sewage
pump station located on Riverside Drive. The Village Engineer has reported to the Agency that
these sewer system improvements will allow the Village sewers to accommodate the additional
sewage flow from the CCRC without adverse impact and the Agency concluded that these
improvements would sufficiently mitigate any potential adverse effects from the Project.
Based on these considerations, the Agency concluded that the Project would be consistent with
Policy 5 conditional upon (a) completion of the sewage line improvements that are to be undertaken
by the County of Westchester, (b) the provision by the Applicant of the sum of three hundred
thousand dollars to finance additional sewage line and manhole improvements and pump station
upgrades, arid (c) the completion of all such sewage line, manhole and pump station upgrades and
improvements, before the CCRC may be occupied.

3

�Policy 5A - DISCOURAGE THE DEVELOPMENT OF USES WHICH, BY REASON OF
THEIR DEMAND FOR NEW COMMUNITY SERVICES AND FACILITIES OR THEIR
IMPOSITION OF BURDENS ON EXISTING SERVICES AND FACILITIES, WOULD
REQUIRE DISPROPORTIONATE PUBLIC COST IN COMPARISON TO PUBLIC
BENEFITS.
The Agency concluded that the proposed Project would impose little burden on existing Village
services and facilities. The proposed CCRC will provide its own private ambulance service, have
twenty-four hour security, maintain its own grounds and roads and provide for its own private
collection of trash and recyclable materials. The facilities are not likely to add any school age
children and, thus, should not burden the local school district. Although the Village's fire
department will serve the CCRC, the building heights of the Kendal buildings, as presently
proposed, are well within the capacity of the Village's existing fire equipment, the buildings will be
constructed with sprinklers, as required by a mandatory sprinkler law in the Village, and the type of
use contemplated by the Project does not carry an enhanced risk of fire. Village police will be
responsible for law enforcement, but the CCRC type of use is believed to be inherently a low-crime
use, and vehicular ingress and egress will be, principally, from the Town of Mt. Pleasant rather than
from Village streets. Parking availability at the Village's Philipse Manor train station is already
over-burdened, but Kendal will provide shuttle buses to allow access to Metro-North train service
without the need for additional train station parking. Development fees, recreation fees and an
annual payment in lieu of taxes (PILOT), which will be allocated to the Village, the Town of Mt.
Pleasant and the School District of the Tarrytowns, will be payable by Kendal. And, based on
experience at other, similar, facilities, Kendal residents are thought likely to provide beneficial
participation in the provision of services to the community. Accordingly, the Agency finds that the
Project will not overwhelm or significantly burden existing services and facilities and will provide
economic and social benefits to the Village, making the Project consistent with Policy 5A.
Policy 7D - T H E HUDSON RIVER IMMEDIATELY ADJACENT AND WITHIN 1000 FEET
OF T H E VILLAGE'S SHORELINE SHALL BE PROTECTED, PRESERVED AND,
W H E R E PRACTICAL, RESTORED SO AS TO MAINTAIN ITS VIABILITY AS A
LOCALLY SIGNIFICANT HABITAT.
The Agency gave consideration to the applicability of Policy 7D to the Project and concluded that
the proposed CCRC development will not impact the Hudson River or its shoreline, or its viability
as a locally significant habitat. The western edge of the site is separated from the Hudson River by
the Metro-North railroad tracks. However, the Agency recognized that development of the property
does have the potential to produce contaminated storm water runoff that could adversely impact the
River. The Applicant has developed, and would have to implement, a storm water management plan
that, under New York State law, must be adequate to minimize any such impacts.
Accordingly, the Agency found that if Policy 7D is; in fact, applicable to the Project, theJProject is
consistent with that policy.

4

�[to**

Policy 7E - THE LANDS IN STATE OWNERSHIP ASSOCIATED W I T H THE
ROCKEFELLER STATE PARK PRESERVE AND OLD CROTON AQUEDUCT TRAIL
SHALL BE PROTECTED, PRESERVED, AND WHERE PRACTICAL, RESTORED SO AS
TO MAINTAIN ITS VIABILITY AS A LOCALLY SIGNIFICANT HABITAT.
The Project will have an impact on the lands of the Rockefeller State Park Preserve because a portion
of the access road from Route 117 will traverse a comer of the Park Preserve's Rockwood Hall
property. The Applicant has proposed to restore the areas to be disturbed with landscaping
comparable to that already existing. The existing fence between Rockwood Hall and the Phelps
property would be removed, allowing free access by wildlife between the Rockwood Hall site and
the remaining wooded areas of the Project site. The Agency, therefore, found that the Project would
be consistent with Policy 7E.
Policy 17 - NON-STRUCTURAL MEASURES TO MINIMIZE DAMAGE T O NATURAL
RESOURCES AND PROPERTY FROM FLOODING AND EROSION SHALL BE USED
WHENEVER POSSIBLE.
Policy 17A - PROTECT THE STEEP SLOPES AND HILLSIDES THROUGHOUT THE
VILLAGE THROUGH THE USE OF NONSTRUCTURAL MEASURES, WHEN
PRACTICAL, TO PREVENT EROSION, ESPECIALLY THROUGH RETENTION, OR
PLANTING OF VEGETATIVE COVERS.
The Agency found that the Project is consistent with Policies 17 and 17A. Although parts of the
Project's construction site will include steep slope areas, the FEIS notes that the Project incorporates
stringent soil erosion and sediment control measures and its erosion and sediment control plan
includes a variety of mechanism to attain these goals, including sediment traps, silt fence barriers
and straw bale barriers. The Applicant has proposed vegetative cover in the form of a
comprehensive landscaping and restoration program for the balance of the property.
Policy 18 - TO SAFEGUARD THE VITAL ECONOMIC, SOCIAL AND ENVIRONMENTAL
INTERESTS OF THE STATE AND OF ITS CITIZENS, PROPOSED M A J O R ACTIONS
IN THE COASTAL AREA MUST GIVE FULL CONSIDERATION TO THOSE
INTERESTS, AND TO THE SAFEGUARDS WHICH T H E STATE HAS ESTABLISHED
TO PROTECT VALUABLE COASTAL RESOURCE AREAS.
Policy 18A - PROTECT THE VITAL ECONOMIC, SOCIAL, CULTURAL, AND
ENVIRONMENTAL INTERESTS OF THE VILLAGE IN THE EVALUATION OF ANY
PROPOSAL FOR NEW ROADS, ROAD WIDENING OR INFRASTRUCTURE.
Policy 18B - T O PROTECT T H E SOCIAL INTERESTS OF THE VILLAGE, PROPOSED
ACTIONS MUST GIVE FULL CONSIDERATION TO THE IMPACTS OF SUCH
ACTIONS ON COMMUNITY AND CULTURAL RESOURCES OF THE VILLAGE AND
THE QUALITY OF LIFE SUCH RESOURCES SUPPORT.
5

�Policy 18C - TO PROTECT THE ENVIRONMENTAL INTERESTS OF THE VILLAGE,
PROPOSED ACTIONS MUST GIVE FULL CONSIDERATION TO THE IMPACTS OF
SUCH ACTIONS ON VALUABLE AND SENSITIVE NATURAL RESOURCES OF THE
VILLAGE.
The Agency finds no adverse impact on the economic, social and environmental interests of the state
and its citizens with respect to valuable coastal resources, no failure to protect economic, social,
cultural and environmental interests of the Village as to road construction relating to the Project, no
failure to provide adequate consideration of impact on the Village's community and cultural
resources and no failure to consider and protect environmental interests and natural resources of the
Village.
An environmental analysis prepared as part ofthe Project's environmental impact statement indicated
that there are no sensitive natural resources found at the site and, as noted in the discussion of Policy
7E, an existing fence between Rockwood Hall and the Project property would be removed and will
permit free movement by wildlife across the boundary. The Agency found that, while there would
be some environmental impacts related to the proposed action, including the loss of existing trees,
there will be substantial re-planting of vegetation (including in the 7± acre wooded buffer between
the site and Sleepy Hollow Manor) and there will also be positive benefits by providing muchneeded housing for senior citizens (consistent with New York State policy) and positive fiscal
contributions related to fees and PILOT payments.
Policy 19 - PROTECT, MAINTAIN, AND INCREASE T H E LEVELS AND TYPES OF
ACCESS TO PUBLIC WATER-RELATED RECREATION RESOURCES AND
FACILITIES SO THAT THESE RESOURCES AND FACILITIES MAY BE FULLY
UTILIZED BY ALL THE PUBLIC IN ACCORDANCE WITH REASONABLY
ANTICIPATED PUBLIC RECREATION NEEDS AND T H E PROTECTION OF HISTORIC
AND NATURAL RESOURCES. IN PROVIDING SUCH ACCESS, PRIORITY SHALL BE
GIVEN T O PUBLIC BEACHES, BOATING FACILITIES, FISHING AREAS, AND
WATERFRONT PARKS.
Policy 19D - ENCOURAGE, DEVELOP, PROTECT, AND MAINTAIN APPROPRIATE
PUBLIC ACCESS TO AND LINKAGES BETWEEN KINGSLAND POINT PARK,
DEVRIES FIELD, PHILIPSBURG MANOR, DOUGLAS PARK, SLEEPY HOLLOW
CEMETERY, THE OLD CROTON AQUEDUCT, T H E ROCKEFELLER STATE PARK
PRESERVE LANDS, AND ALONG THE HUDSON RIVER AND RIVERSIDE DRIVE
NORTH OF THE MOUTH OF THE POCANTICO RIVER.
Policy 21D - PURSUE ESTABLISHMENT O F A SYSTEM O F PUBLIC ACCESS
R E C R E A T I O N A L T R A I L L I N K A G E S F R O M AND B E T W E E N T H E
TARRYTOWN/SLEEPY HOLLOW VILLAGE BOUNDARY, T H E . V I L L A G E ' S
RIVERFRONT PARK PROPERTY ON RIVER S T R E E T , KINGSLAND POINT PARK,
DEVRIES FIELD, PHILIPSBURG MANOR, DOUGLAS PARK, SLEEPY HOLLOW
6

�an

CEMETERY, THE OLD CROTON AQUEDUCT, THE ROCKEFELLER STATE PARK
PRESERVE LANDS, AND ALONG THE HUDSON RIVER AND RIVERSIDE DRIVE
NORTH O F THE MOUTH OF THE POCANTICO RIVER.
The LWRP policies strongly encourage efforts to "increase the general public's access to the
waterfront such as pedestrian and bicycle trails, picnic areas, scenic overlooks and passive recreation
areas that take advantage of coastal scenery (Explanation of Policies 21,21A, 21B, 21C and 21D),
and make the linkage of publicly owned land "with major points of natural and cultural interest and
recreation along the Hudson River" a "major goal of the Village" (Explanation of Policies 19,19A,
19B. 19C, 19D, 19E and 19F). The Agency recognized that access to the western portion of the
Phelps campus is currently limited, due to the private ownership of the land by Phelps and the
relative inaccessibility of the site. Moreover, there is no physical river access from the site because
of the intervening Metro-North railroad tracks. At present, the site does provide limited visual
access to the Hudson River. Because the project's internal network of roadways and walkways will
be open to the public, the project will provide enhanced public visual access to the Hudson River and
western shoreline views. The Kendal site also plan includes a pedestrian walking system and a
Hudson River promenade and overlook that would be open to the public, both from Rockwood Hall
and from Kendal's access road. The Agency finds that these features would significantly increase
public access to the Hudson River scenic views and would thus be consistent with Policies 19,19D
and 21D of the LWRP. The Kendal site plan incorporates pedestrian connections at two points to
existing trails in the Rockwood Hall portion of the Rockefeller State Park Preserve to the north. The
Agency considers these proposed trail connections would serve to establish the kinds of trail linkages
contemplated by Policies 19D and 21D and would make the Project consistent with those policies
for that reason, as well.
Policy 23 - PROTECT, ENHANCE AND RESTORE STRUCTURES, DISTRICTS, AREAS
OR SITES THAT ARE OF SIGNIFICANCE IN THE HISTORY, ARCHITECTURE,
ARCHAEOLOGY OR CULTURE OF THE STATE, ITS COMMUNITIES, OR THE
NATION.
Policy 23B - PRESERVE AND ENHANCE THE STRUCTURES, AREAS, OR SITES
^YITHIN T H E 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 n[a]mong the most valuable of the State's man-made resources are
those structures or areas which are of historic, archaeological, or cultural significance", and requires
that protection include "concern not just with specific sites, but with areas of significance, and with
the area around specific sites" (Explanation of Policies 23,23A, 23B and 23C). 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-Villagerthe State, or the
Nation" as well as prevention of "significant adverse changes to such significant structures, districts,
areas or sites" (Id.). Among those "resources" listed as "structures of significance in the history,
7

�architecture of culture of the Village" is the James House. The Agency notes that the James House
is not listed on the National or State Register of Historic Places. The LWRP cites factors that would
constitute adverse changes to structures covered by the LWRP policies and standards that are to be
applied in 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" (Id.).
The Agency notes that the James House is not visible to the naked eye from any public location in
the Village, although the site is visible from Rockwood Hall. Existing views from the porch of the
James House include partially obstructed views of the Hudson River caused by a broad expanse of
deciduous trees. The Applicant has proposed to reconfigure the parking serving the James House
to expand its capacity and make it more convenient.
The FEIS notes that the Kendal structures, at their nearest point, are approximately 100 feet west of
the James House, but concludes that there would be no anticipated significant impacts to historic
resources. Architectural refinements have been incorporated into the Proposal in an effort to achieve
architectural style, design material, color, texture and detail that would be compatible with the James
House resource, as required by Policies 25 and 25B, and the Agency found that the appearance of
the proposed structures was far more aesthetically appealing than the designs originally submitted
by the Applicant in the DEIS. The reduction in height of a portion of the Commons Building,
capping the structure at five stories rather than seven further opened up vistas of the Hudson River
and western shoreline that were here to for effectively screened from the James House. Further, the .
Applicant has proposed a decorative stone wall to enhance the views from the west porch of the .
James House. The view from the James House will include a portion of the Project facilities,
replacing the current view of a meadow and wooded slope, but the Project will result in the
reestablishment of visual access to the Hudson River and adjacent shoreline to the west which has
been obstructed for years.
The Agency was also aware that portions of the Rockwood Hall property may have been designed
and/or influenced by noted landscape architect Frederick Law Olmstead and that the visibility of the
CCRC structures from portions of the Rockwood Hall property could also have implications under
Policy 23. The Applicant has proposed to enhance its vegetative screening program using
landscaped berms and reconstruct a portion of an existing carriage path so as to mitigate the visual
impact of the Kendal buildings on visitors to Rockwood Hall and, as noted above, has reduced the
maximum building height from seven stories.
The Agency finds that the Project as modified is consistent 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.
8

�M

Policy 25A - FROTECT OR ENHANCE VIEWS OF THE HUDSON RIVER, T H E HUDSON
RIVER VALLEY, AND THE OPPOSITE SHORE FROM THE IMMEDIATE
RIVERFRONT AS VIEWED FROM PUBLICLY OWNED PROPERTIES.
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 PHELPS MEMORIAL
HOSPITAL AND SLEEPY HOLLOW MANOR].
The Agency noted that the Kendal buildings could have an impact on views of the Hudson River and
the Tappan Zee Bridge from portions of Rockwood Hall, a publicly owned property. The Applicant
has proposed to incorporate a series of landscaped berms within the easement area located north of,
and adjacent to, the Project site. Illustrations provided by the Applicant as part of its Project
modifications reveal that the lowered building heights and growth ofplantings after a ten-year period
would help to soften the building mass when viewed from Rockwood Hall. Although the visual
impact of the buildings would not be eliminated, the Agency recognized that it would not be possible
to fully screen any development that may occur on the western portion of the Phelps property from
this vantage point, and the Agency noted that the Rockefeller State Park Preserve has not objected
to the impact.
While, as a general matter, preservation and protection of views of the Hudson River is a goal of the
LWRP, the Agency notes that the view of the River from the Phelps site is not one of the twentythree "viewsheds of local importance" specifically recognized by the LWRP. However, there are
two scenic resources identified under Policy 25B that are potentially impacted by the project - the
Sleepy Hollow Manor and the Phelps Memorial Hospital scenic landscape subunits cited in the
LWRP. The Committee concluded that the Project would not significantly adversely impact either
of those subunits. The residential character and "informal" layout of the Sleepy Hollow Manor
subunit will not be impacted in any way by the Project and visual impact will be slight. The Project
will be potentially visible within Sleepy Hollow Manor only from the northern end of Birch Close
and from part of Terrace Close, and the site plan for the Project incorporates a 7± acre buffer in the
southern portion of the Kendal site, further screening the proposed Project from the Sleepy Hollow
Manor subunit.
The LWRP description of the Phelps Memorial Hospital subunit notes that the site has distinctly
different visual characteristics. The area is described in the LWRP's Scenic Resources portion of
the Inventory and Analysis Section as being "dominated by the buildings and parking areas" of the
hospital and "providing an institutional landscape", while the area to the wrest of the James House
is contrasted as a "rolling estate landscape of lawns and woodlands" with glimpses of Hudson River
and the western shoreline. The proposed buildings would be situated between the James House and
the Metro-North Railroad tracks to the west. Existing views from the James House present only a
seasonal, filtered view of the Hudson River. The Project, as currently proposed, would provide a
more open vista of the Hudson River. The proposed buildings and, in particular, their rooftops,
would, however, be visible from the James House and, of course, the significant portions of the
9

�/

existing open lawns and woodlands would be lost. The Applicant has proposed a comprehensive
landscape planting plan, including plantings between the James House and the CCRC units to soften
the impact of the proposed structures, and the lowered building heights as now proposed would
provide for increased visibility of the Hudson River.
With respect to the views from the Hudson River, it was noted that the Project as now proposed has
attempted to incorporate a distinct architectural character by incorporating an Italianate influenced
design to make the construction more stylistically sympathetic to the architecture of the James House
and less institutional in appearance. The architectural treatment includes the use of different building
materials, window treatments and roof articulation. Although the Agency believed that further
reducing the bulk of the proposed structures would minimize the visual impact of the project from
the River, the Agency was aware that virtually any building of significant size would be visible from
the river. The Agency noted that the Explanation of Policies applicable to Policies 25,25A and 25B
includes a number of standards for minimizing scenic impairment. The Agency concluded that any
scenic impairment from the Project had been substantially minimized and that, accordingly, the
Project was consistent with those policies.
Policy 32A - FUTURE DEVELOPMENT IN THE VILLAGE SHALL BE REQUIRED T O
USE STATE OF THE ART LOW FLOW WATER FIXTURES AND WATER SAVING
DEVICES TO REDUCE THE DEMAND FOR WATER AND REDUCE THE FLOW T O
THE SEWAGE TREATMENT FACILITIES. . WHERE PRACTICABLE, THE
GUIDELINES IN THE NEW YORK STATE MUNICIPAL MODEL WATER
CONSERVATION PLAN SHOULD BE FOLLOWED.
The Agency concluded that the project is consistent with Policy 32A. The Applicant has committed
to incorporating low-flow water fixtures and other water saving devices throughout the proposed
community to promote water conservation.
Policy 33 - BEST MANAGEMENT PRACTICES WILL BE USED T O ENSURE T H E
CONTROL OF STORM WATER RUNOFF AND COMBINED SEWER OVERFLOWS
DRAINING INTO COASTAL WATERS.
The Applicant has incorporated a storm water management system that includes two separate storm
water detention facilities. The Agency noted that the Applicant is required, by New York State law,
to implement the best management practices as to storm water runoff, as contemplated by Policy 33.
The Agency also reviewed projected storm water impacts as outlined in the Applicant's updated
storm water management report submitted to the Village. The updated storm water report indicates
that, due the storm water detention basins, the peak rate of runoff during a 100-year storm event will
actually decrease slightly from the pre-development levels associated with the site. The Agency
concluded that the proposed storm water management system should adequately control storm water
runoff and that the Project will be consistent with Policy 33. .

10

�Policy 37 - BEST MANAGEMENT PRACTICES WILL BE UTILIZED T O MINIMIZE THE
NON-POINT DISCHARGE OF EXCESS NUTRIENTS, ORG ANICS AND ERODED SOILS
INTO COASTAL WATERS.
The Agency concluded that the Project is consistent with Policy 37. The Project will incorporate
several design measures to mitigate potential impacts. These features include the use of dry swales,
anti-vortex manholes and the two water quality detention basins referred to in the discussion of
Policy 33. In addition, Best Management Practices for erosion and sedimentation control will be
utilized during the construction process. The Agency recognized that any construction, and the
resulting creation of additional impervious surfaces, is likely to create some increase in non-point
discharge, but felt that the proposed storm water quality system would minimize such discharge into
coastal waters, making the Project consistent with Policy 37.
Summary
The Agency has given detailed consideration to the foregoing LWRP policies as they relate to the
Proposal. Further, the Agency has reviewed and considered the consistency recommendations
prepared by the Waterfront Advisory Committee. The Agency appreciates the considerable effort
provided by the WAC in the review of this project. Upon due consideration of the record before it,
the Agency finds that, on balance, the Proj ect is consistent with the goals and policies of the LWRP.

F:\MM-720 Sleepy HotIow\M-720 Setpy Ho!low\Mi5c\XonH Findings SuicmenMi7160Hwrpfindngs.wpd

11

�/7J

19.2031

11:22AM

Meetind Date:

KERNE &amp; EEfiNE
07/17/01

R e s o l u t i o n #:

NO.034

P.3/4

07/70/01

RESOLUTION OF THE BOARD OF TRUSTEES APPROVING AMENDMENT
TO THE ZONING ORDINANCE OF THE VDXAGE OF SLEEPY HOLLOW .
ESTABLISHING A CONTINUING CARE RETIREMENT COMMUNITY USE WITHIN
THE VILLAGE AND DIMENSIONAL REQUIREMENTS RELATED THERETO
WHEREAS on or about June 11, 1999, Kendal on Hudson and Phelps Community
Corporation previously submitted an application to the Village of Sleepy Hollow pursuant to §
69-52 of the Zoning Ordinance of the Village of Sleepy Hollow for an amendment to said
Zoning Ordinance which would establish a Continuing Care Retirement Community Use (CCRC
Use) within the Village of Sleepy Hollow and establish dimensional requirements in conjunction
with such proposed use; and
WHEREAS the impact of the proposed Zoning Amendment was addressed in a Draft
Environmental Impact Statement, a Final Environmental Impact Statement and in a certain
Environmental Findings Statement adopted by the Mayor and Board of Trustees of the Village of
Sleepy Hollow on June 19, 2001 in conjunction with an application by Kendal on Hudson to
develop and operate a CCRC on a portion of the Phelps Hospital Property; and
WHEREAS such proposed zoning amendment would also modify the definition of
Hospital in the Zoning Ordinance by the deleting of references to sanitariums, sanatoriums and
preventorium; and
WHEREAS on February 27,2001, the Board of Trustees of the Village of Sleepy Hollow
held a public hearing in conjunction with the proposed Zoning Amendment; and
WHEREAS subsequent to the February 27, 2001 public hearing, the Board of Trustees
deemed it to be in the interests of the Village to make certain modifications in regard to the
proposed zoning amendment; and

�(13

•JUL.19.2e01

11:23PIM

KEflNE &amp; BEANE

R e s o l u t i o n tf: 0 7 / 7 0 / 0 1

NO.034

P.4/4

Continued

WHEREAS a public hearing was held by the Board of Trustees on July 10, 2001 in
regard to a revised version of a proposed Zoning Amendment establishing a CCRC as a special
permit use within the Village of Sleepy Hollow and establishing dimensional requirements
therefore; and
WHEREAS all interested Village residents have had an opportunity to be heard at two
public hearings on the proposed amendment; and
WHEREAS the Board of Trustees, after due deliberation has determined that it would be
in the public interest of the Village of Sleepy Hollow and its residents to establish a CCRC use
within the Village of Sleepy Hollow; and
WHEREAS it is the opinion of the Board of Trustees that the establishment of the CCRC
use within the Village of Sleepy Hollow is in furtherance of the public health, safety and welfare
.. of the Village and its residents.
THEREFORE it is
RESOLVED that the Board of Trustees hereby adopts Local Law No.

-2001, a local

law (copy attached) establishing a Continuing Care Retirement Community as a special permit
use within the Zoning Ordinance and setting forth certain dimensional requirements related
thereto; and it is further "
RESOLVED that such local law shall be filed in the Office of me Secretary of State; and
it is farther
RESOLVED that such proposed local law shall take effect immediately.

�/?y

I
VILLAGE OF SLEEPY HOLLOW
LOCAL LAW NO.

1L-2001

Be it enacted that the Board of Trustees of the Village of Sleepy Hollow hereby enacts an
amendment to the Zoning Ordinance of the Village of Sleepy Hollow which creates a Continuing
Care Retirement Community use, establishes standards and dimensional requirements for such use
and a procedure for the establishment thereof:
Chapter 62 of the Code of the Village of Sleepy Hollow is hereby amended by the addition
of anew Section 62-22.3 as follows:

^B

Section I.

Purpose and intent.

It is the purpose and intent of this Section to permit the development of residential
communities which serve a diverse senior population having a wide range of abilities and needs.
A Continuing Care Retirement Community (CCRC)provjdes a continuum of care for residents
through a variety of living environments and support services for older persons primarily 65 years
or older, which may include independent housing for which residential support services are
available, enriched housing units for which different levels of associated personal care and daily
living support are provided, and resident care facilities, including nursing care facilities. Common
dining, social and recreational facilities may also be made available.

Section II.

-Definitions. As- used in this Section-the-following terms shall have

the meanings set forth below:
("CCRC") - a facility designed and
established to provide a comprehensive continuum of care for older persons and oriented to the
enhancement of the quality of life. A Continuing Care Retirement Community shall provide a variety
f
jHj l , ' n " ^"""""^nents suited especially to the needs of older persons, including Independent Living
iMsJSnriched Housing Units. Skilled Nursing Beds, and common dining, social and recreational
J^ttMgJL^AjContinuing Care Retirement Community shall provide a range of resident care and
s_Wd services, and may include nursing care facilities. Dwelling units In a Continuing Care
Retirement Community may be provided in any combination of one family dwellings, attached
dwellings, and multiple dwellings. Accessory uses maybe provided in any combination of principal
buildings or accessory buildings or structures.
-" "
CONTINUING CARE RETIREMENT COMMUNITY

ENRICHED HOUSING UNIT flEHW - A dwelling unit in a CCRC established and operated
for the purpose of providing long-term residential care for persons primarily 65 years of age or
alder. It rflav include limited k4tehep facilitiey-andirdesignech intended- arid OpeTaTed t5i older
47«/0Z/l«375vI OVl

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persons needing assistance in daily" care, including housekeeping, personal care services, and
supervision. Limited part-time ambulatory health care services, and common dining, social and
recreational facijities may be made available.
(ILU) - A dwelling unit in a CCRC containing a kitchen or
kitchenette and bathrooms which is designed and intended for occupancy by older persons, and for
which housekeeping service and common dining, social and recreational facilities may be made
available.
INDEPENDENT LIVING UNIT

(SNBY- a bed in a CCRC facility which provides regular nursing
care services, both temporary and long-term.
SKILLED NURSING BED

Section III.
Special permit uses - A Continuing Care Retirement Community.("CCRC'I
is hereby established as a special permit use within the HfHospitaD Zoning District as set forth in
the Attached Schedule of Regulations. Part II.

Section IV.

Accessory Uses.

"

•

The following are permitted accessory uses within a CCRC: illuminated identification and
directional signs: off-street parking, including structured parking; medical offices limited
to residents of the CCRC; pool, physical therapy and exercise rooms: limited retail and
service uses, including banking, in accordance with §62-18: common kitchen and dining
facilities, common recreational facilities for the use of residents and visitors, common
library, educational, and social facilities for the use of residents and visitors: common
laundrv facilities: and other customary accessory uses incidental to the principal use.

Section V.

Permitted Density,

The maximum permitted density of a Continuing Care Retirement Community shall be one
(V) EHU. ILU or SNB per 9.160 square feet of lot area, in any combination.'

Section VI.

Off Street Parking and Loading Requirements.

A.
Off-street parking mav be provided in any combination of parking structures
or on-grade areas, and the minimum number of required off-street
parking spaces shall be as follows:
Independent Living Unit:
one bedroom:

1.25 per unit

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ctionVHT. The Schedule of Regulations. Part II. is hereby amended as set forth on the attached schedule.
:tion 62.-4 of the Code of the Village of Sleepy Hollow definition for the word Hospital is hereby
amended as follows: HOSPITAL - Unless otherwise specified, the term "hospital" shall be deemed
to include [sanitarium, sanatorium, preventorium,} clinic, rest home, nursing homey convalescent
home and-any other place'fqr diagnosis, treatment or-other care of ailments and shall b'e'deemed to
be limited to places for diagnosis, treatment or other care of human ailments.
tion 62.30 of the Code of the Village of Sleepy Hollow js hereby amended as follows!
Action by the Planning Board.
B.

With respect to the foregoing matters, the Planning Board may make such requirements in
furtherance of the purposes of this ordinance as will assure:
(5)

I

The reservation and designation of parkland and open space on areas considered for
development, although, where this objective is considered impracticable, the
Planning Boardmay require a fee in lieu of such designation and reservation in the sum of
twenty-five hundred dollars ($2,500) per residential lot or dwelling unit in the case
of multifamily housing (condominiums or apartments) or per theoretical residential
lot in commercial developments'. However, in the case of multifamily developments
or CCRCX the Planning Board may adjust the recreation fee in relation to the
recreational facilities provided within the subject development.

NOTE:

New Matter - Underlined
Deleted Matter - In Brackets

I
«7«/321««75vI 6 » 1

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�two or more bedrooms:
Enriched Housing Unit:
Skilled Nursing Bed:
EL

1.5 per unit
0.4 per unit
0,4 per unit

The minimum number of required off-street loading spaces shall be as follows:
For each 250ILU Cor major fraction thereof):
For each 50 EHU (or major fraction thereof):
For each 50 SNB for major fraction thereof):

Section VII

1.0
1.0
1.0

Special Permit Approval

Village Board may authorize the issuance of a special permit for a CCRC project, after apublic hearing
and provided that it shall find that the following conditions and standards have been met:
1.

The CCRC use shall be of such character, intensity, size and location that in general it will
be in harmony with the orderly development of the neighborhood in which the
- .
property is situated and will not he detrimental to the orderly development of
adjacent districts.

. .- 2.

- Traffic involved in or conducted in connection withThe'CCR'C. the" size of the site in relation
to it, and the location of the site with respect to the type; arrangement and capacity
of streets giving access to it. are such that it will be in harmony with the appropriate
and orderly development of the neighborhood in which it is located.

3.

The location, nature and height of building, walls and fences, and the nature and extent of
the landscaping and screening on the site, as existing or proposed, are such that the
T^e~will^thmdcrar^iscrotu^ggthe'apprO^
use of adjacent
land and buildings.
.
.

4.

Operations in connection with a CCRG use will not be more objectionable to nearby
properties by reason of noise, fumes, vibrations, lighting or flashing of lights, than
would be the operations of any permitted use not requiring a special permit

5.
Parking areas will be of adequate size for the CCRC use, properly located and suitably
- . _ . - - screened from anv adjoining residential uses, and the entrance and exit drives shall
be laid out so as to achieve maximum safety.
&gt;•

The CCRC use shall be so located on the lot involved that it shall not impair the use and
eniovment of adjacent residential properties. .
. . .
.- -

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Meeting Date: July 17,2001
Resolution #: 7 / 7 1 / 0 1

WHEREAS, notification of the bids for a Fire Engine were duly advertised in the
official Newspaper of the Village of Sleepy Hollow; and
WHEREAS, on or about June 5,2001, the two bids received were opened; and
WHEREAS, American LaFrance Corp. of 11710 Statesville Blvd., Cleveland,
North Carolina was the lowest bidder at $431,754.00, and
WHEREAS, Union Hose Engine Company No. 2 has recommended that the
Board of Trustees accept American LaFrance's bid in the amount of $431,754.00; and
WHEREAS, the Board of Trustees of the Village of Sleepy Hollow, after due
deliberation, finds it in the best interest of the Village of Sleepy Hollow to accept the low
bid of American LaFrance in the amount of $431,754.00, and
'•

I

NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees of the
Village of Sleepy Hollow hereby accepts American LaFrance's bid in the amount of
$431,754.00, and be it further
RESOLVED, the Board of Trustees authorized the Mayor to sign the necessary
documentation to purchase the Fire Engine from American LaFrance subject to review by
the Village Attorney's office.

MOVED: tVi F g l ; c ^

SECONDED:

fhgle--

VOTE: 6 ^ O

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�/&lt;&amp;&gt;

I

Meeting Date:

07/17/01

Resolution #:

07/72/01

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Accepting proposal for Survey services
Whereas, the Mayor and Trustees of the Village of Sleepy Hollow have requested that
Hahn Engineering, consulting engineer to the Village, undertake to design certain
infrastructure improvements to Lawrence Avenue and said design work will require
survey base map services, and
Whereas, Hahn Engineering on behalf of the Village has solicited and received three
proposals from qualified engineering firms and the proposalfromBadey &amp; Watson
Surveying &amp; Engineering, P.C. attached hereto was the lowest responsive bid,
Now, Therefore, Be It Resolved that, the Village Board herein authorizes and directs
Village Counsel to prepare for execution a contract between the Village and Badey &amp;
Watson to undertake the required survey services at a total price of S7800,

I

Be It Further Resolved, that the Village Board herein authorizes the Mayor to execute
said contract upon its preparation and to undertake such other steps as are necessary to
effectuate the intent of this resolution.

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Millbrodke Office Centre
20 Militbwn Road; Suite 10a
Brewster, NY 10509

ENGINEERING

Tel: 845-279-2220
Fax:.e4j5;279f8909

June7,200i
.__„.- * » « • « - -

"Mr/Dwight Douglas
_ Village Administrator
'Village of Sleepy Hollow
.28 Beekman Avenue
Sleepy Hollow, NY 10591
Re:

~~.

--

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Proposed Survey of Lawrence Avenue
for Proposed Water Main &amp; Drainage Improvement Project
Village of Sleepy Hollow

I

Deaf Mr. Douglas:
This office solicited proposals for survey work for the Proposed Water Main &amp; Drainage
Improvement Project along Lawrence Avenue.
Listed below are the surveyors solicited with the cost and time required to complete the work.
SURVEYOR

TIMEREOUIRED
TO COMPLETE
SURVEY

COST

Badey &amp; Watson Surveying
&amp; Engineering, P.C.

6 weeks

$7,800.00

Bunhey Associates
301 Fields Lane
Brewster, NY 10509

4 weeks

Terry Bergendorff Collins
52 Starr Ridge Road
Brewster, NY 10509

15 weeks

. -

$8,132.00

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E N V I R O N M E N T A L
S T U D I E S
At*n*'a

$10,240.00

A N D
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BADEY &amp; WATSON SurveyirlgandEngineering.P.C.
3063 Route 9, Cold Spring, New York 10516
FAX:(345) 265^4428.. V •

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- (845)265-9217
(845)225-3312
(914)628-1800.
" (914)739;3577
(877)314-1593

GlerJribri'j^Watson; O j . -

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•; JcrmSef)f. r Reap, L.S; \

George A- Badey, L.S., Senior Consultant
James W. Irish, Jr.; RE.-, L.S., Senior Consultant
Mary Rice, ILLLA', Consultant"

I

junet, zuui
James Hahn,PE
Hahn Engineering '
Millbrooke Office Centre
".
20 Mffltown Road, Suite -10
Brewster, NY 10509
Via "FAX"@ 845-279-8909 Re:

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JUN-5*M||

----..

Proposal for ProfessionaLServices-Topogra
Lawrence Avenue —SleepyHollow-- "•'.'•''
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Dear Mr. Hahn:
Thank you for the opportunity to present this, our formal proposal to conduct a" topbgraphic*
survey of I^wrence^Ayenuej Sleepy Hollow, Westchester County.-We have taken.the; opportunity
to highlight the area in question on the enclosed copy of the tax map.

I

We acknowledge receipt ofypur.May 17, 2001 letter requesting this proposal. In response, we
propose to prepare a topographic.survey that will meet or exceed the technical requirements that
your -office issued.- Specifically*'we-.Will coAdudt: a field.survey using classical techniques, for topographic surveys augmented by the use of electronic measuring and data collection systems.
Although our product will not be a Land or Boundary SurveVj, the location of all easement and *
property lines within the.survey limit will be.shown. Similarly, surface features readily discernible
in the field and included in the specifications will be shown. Topographic data will be gathered in
sufficient quantity and'with sufficient precision to produce reliable 1 foot contours. All spot
grades and similar elevations and heights required by the specifications will be provided.
Underground features will be shown to the extent that they can be located from surface evidence
and record drawings that the owner or. your office can provide or that are provided by municipal
sources and utility companies; toward that end^ we "Will contact those departments of .the City,
County and State likely to have information concerning underground facilities. We will also place
- an inquiry with the Underground Facilities Protective Organization (UFPO).. The UFPO will
Owners of therecordsand Qcs of Taconic Surveying &amp; Engineering, P.C, Burgess &amp; Behr,
Roy Burgess, J. Wilbur Irish, Joseph S.-AgnoE, Vincent Burruano, Hudson Valley Engineering Company, Inc.,

�f&amp;

June 4, 2001

n

James Hahn, P.E.

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Page 2. •

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provide the name, contact person and telephone number for each utility with underground
facilities in the area. We will contact each of the utilities to determine what facilities may be
present and we will request copies of all record drawings that may be useful. . In addition to
plotting the information, we will post a report of the contacts that we made and the results of our
inquiry on the survey. Utility operators are not required to "stripe" underground utilities unless
excavation isimminen't.'Please note that this proposal does not include, subsurface investigations .
of any kind, except the inspection of manholes, catch basins, etc., as may be necessary io obtain
or verify inverts, pipe sizes' and materials. We will place a "CODE 753" notice on our survey.
Trees and other' landscape features will be located and plotted in accordance with the
specifications. This proposal does not include tagging the'trees. While we are generally
competent to identify plants; we are neither dendrologists nor botanists.' Therefore, we are not
capable of providing precise species, botanical names or condition assessments.
.
We will prepare a map that meets or exceeds the technical requirements of the specifications. The'
map will be prepared using AutoCad Release 2000. Before delivering the map, we will edit it to
be certain that the layering conforms with your specifications. We will deliver our maps in
accordance with the specifications.

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Allowing for some lost time due to inclement weather and other unforeseen difficulties, ~.we
estimate the delivery- of the completed work will take approximately 6 weeks from the date it is
authorized. As this is a particularly busy year, we" would appreciate knowing whether we have
been selected for the work as soon as possible after the decision has been made. If we have this
information, we will plan for the project to be certain that we will have the time available when
the work is authorized.
" The fee which we require for the work is S7,800.00. This is a fixed, lump suni fee, and reflects prevailing wage rates required for "pulic work" as promulgated by the NYS Department of
Labor..
We trust you have found this proposal understandable and responsive to your request. If it is not
or if you need anything further, please do riot hesitate to contact us.
Again, thank you for the opportunity to present this proposal. We are hopeful that you will find it
acceptable and we look forward to working with you. Regardless of your decision, please accept
our best wishes for the success of your project.
Yours truly,
BADEY &amp;yWATSON
Surveyin&amp;A Engineering/P.CL
by
Stephen R. Miller, L.S..
SRM '
File U:\QUOTE\jh04julqsam.sam

BADEY &amp;. WATSON

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Meeting Date: July 17,2001
Resolution #: 7/73 /01
WHEREAS, on May 22,2001, a resolution was duly adopted by the Board of
Trustees of the Village of Sleepy Hollow to hold a public hearing on June 19,2001, at
8:00 p.m. at 28 Beekman Avenue Sleepy Hollow, New York to hear all interested parties
on a proposed local law amending § 62-14 entitled "Off-street parking and loading
space" which would establish the amount of parking spaces that would be required for a
commercial recreation facility in the Village of Sleepy Hollow, and

I

WHEREAS, notice of said public hearing was duly advertised in the official
Newspaper of the Village of Sleepy Hollow,
WHEREAS, said public hearing was duly held on June 19,2001, at 8:00 p.m. at
28 Beekman Avenue Sleepy Hollow, New York and all parties in attendance were
permitted to speak on behalf of or in opposition to said proposed amendment, or any part
thereof, and
'.
;
WHEREAS, the Board of Trustees of the Village of Sleepy Hollow, after due
deliberation, fmds it in the best interest of the Village of Sleepy Hollow to adopt said
amendment to local law § 62-14, and
NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees of the
Village of Sleepy Hollow hereby adopts Local Law No. J^L amending § 62-14 entitled
"Off-street parking and loading space" which would establish the amount of parking
spaces that would be required for a commercial recreation facility in the Village of
Sleepy Hollow, and be it further

I

RESOLVED, that the Village Clerk is directed to enter said Local Law in the
minutes of this meeting and in the Code book of the Village of Sleepy Hollow, and to
give due notice of the adoption of said Local Law to the Secretary of State of New York.

MOVED: j-kfi)k

SECONDED: ^ ' f j 0 *

VOTE:

6~Q

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01

13:44

9146743S88

MSP

PAG£

8 2 /02'

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A LOCAL LAW amending Section 6214 of the Village of Sleepy Hollow
Code, Westchester County.
BE IT ENACTED, by the Board of Trustees, of the Village of Sleepy Hollow, as
follows:
• The Village of Sleepy Hollow Local Law § 62-14 entitled "Off-street parking and
loading space" be and hereby is amended by this Uo.cal Law as follows:

...

By the addition of the use "Commercial recreation facility" to sub-paragraph E of

I

§ 62-14 as follows:
Commercial recreation facility:

1 for each 200 square feet of floor area or
where the facility contains a basketball,
volleyball or other similar use, that portion
shall be required to provide 5 spaces per
court. Where accessory uses exist such as
locker rooms and adininistrative offices,
parking for that portion of such facility
dedicated to such uses shall be calculated
at 1 space per 400 square feet

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�/'•it&gt;

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Meeting Date:

07/17/01

Resolution #: 07/74/01

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing execution of contract with the SPCA

.-

Whereas, the Mayor and Trustees of the Village of Sleepy Hollow have received a letter
proposal from the Society for the Prevention of Cruelty to Animals (SPCA) to provide a
continuation ofservices in support of the Village's animal control function at the same
annual cost of $3067.92 (as per attached 1999 contract to be extended)
Now, Therefore, Be It Resolved, that the Village Board herein authorizes the Mayor to
execute a contract extension with the SPCA for the amount of S3 067.92 and to undertake
such other steps as are necessary to effectuate the intent of this resolution.

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�Agreement Between The Village Of Sleepy Hollow
And
S.P.C.A. Of Westchester, Inc

The agreement effective the first day of
June, 1999, between the Village Of Sleepy Hollow, municipal
corporation in the State of New York {hereinafter called the
Corporation} and the S.P.C.A. Of Westchester Inc.

A

charitable corporation, created and existing under and by
virtue of Special Act of the Legislature of the State of New
York known as chapter 91 of the laws of 1883 {hereinafter
called the Society} and having its office and principle
place or business at 590 North State Rd., in the Town of
Ossining, County of Westchester and State of New York.
The Society, inconsideration of the payment
to it by the Corporation of the sum money to be paid in the
manner and at the time hereinafter particularly describe,
hereby covenants and agree that:
The Society will provide and maintain a
shelter for seized, stray and homeless dogs and cats. It
will humanely care for all animals, in such shelter, which
shall at all times, during the term hereof be under the care
of and charge.of a competent employee; and shall be open to
the public Monday thru Saturday, legal holidays exempted,-....
from 10:00 A.M. to 4:00 P.M., Sunday from 1:00 P.M. to 4.00
P.M.
' .
The S.P.C.A. Of Westchester will be open to
dog control/animal control officers and police of the
municipality, Monday thru Friday from 8:30 A.M. to 4:00
P.M., exclusive of legal holidays.
The S.P.C.A. Of Westchester will hold all
seized unlicensed dogs for a period of eight days and seized
licensed dogs for twelve days. The S.P.C.A. Of Westchester
will abide by the redemption procedures established by the
municipality;

�/r&amp;

i
1A
1.

The s.P.C.A. Of Westchester will hot offer emergency
service.

2.

The S.P.C.A. will take all strays (cats and dogs)
without charge, from residents, which strays shall be
defined for the purpose of this agreement as any cats
or dogs licensed or unlicensed found running at large.

3.

The S.P.C.A. is basically a home for stray animals, therefore, we reserve the right to refuse to accept an
owned animal for the following reasons:
a.
b.
c.
d.
e.
f.
g.

Over four years of age
Sick (discharge from nose or mouth)
Pregnant
Injured in any way
Skin disorder - (hair missing)
History of bites or overly aggressive
We will not accept owned Pit Bulls, due
to the difficulty in safely placing same.
It is the responsibility of the Animal Control/Dog
Control Officer to refuse the owned animal if it shows
any of the above signs. This paragraph does not apply
to strays picked up by the Animal Control/Dog Control
officer. See definition of Stray in number 2;
4.

The S.P.C.A. asks for a donation from the residents for
an owned animal.

5.

Fees for owned animals:

6.

Cat-$10.00
Dog-$15.00
Puppies-five in litter-$10.00
Puppies-over five in litter-$15.00'
Kittens-five in Iitter-$10.00
Kittens-over five in litter-$15.00.
Municipal residents may avail themselves of use of the
S.P.C.A. to turn in their owned animal during the hours
of 10:00 A.M. to 4:00 P.M.. Cats may be brought to the
shelter Monday through Saturday. Owned dogs are taken
by appointment only. The same rules and fees apply for
the residents turning in the animal as-for the Animal
Control/Dog Control officer when bringing in an owned
animal.

7.

The provisions of the above paragraphs 3 through 5
shall riot apply to stray animals delivered to the
-S.P.C.A. of Westchester by the Municipal Animal
Control/Dog Control Officer.

�m

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Village Of Sleepy Hollow.
PAGE 2

In consideration of the performance by the "
Society of the terms of this agreement the Corporation
hereby agrees to pay the Society the sum of $3067.92
annually, payable in monthly installments of $255.66

The

first installment to be paid on the first day of June 1999
and the last installment to be paid on the same day of each
succeeding month up to and including May 31, 2000
IN WITNESS WHEREOF, the parties hereto have
caused their corporate seals to be hereunto affixed and this
agreement to be signed by their duly authorized officers,
the day and year first above written.

BY:
[TITLE]

S.P.C.A. Of Westchester
BY:
ELLEN-BDRZON
EXECUTIVE DIRECTOR

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PAGE 3
STATE OF NEW YORK
COUNTY OF WESTCHESTER

I

On this
day of
,
1999, before roe
personally came
to Be known, who being
by me duly sworn, did.depose and say the he/she resides
, that he/she is the
of the Village Of Sleepy Hollow, the corporation described
in and which executed the foregoing instrument; that he/she
knows the seal of said corporation; that the seal affixed to
said instrument is such corporate seal; that it was as so
affixed by order of the Board of Directors of said
corporation and that he/she signed his/her name thereto by
like order.

NOTARY PUBLIC

STATE OF NEW YORK
COUNTY OF WESTCHESTER

I

On this Z9S/- day of/&amp;&lt;^ , 1999, before me
personally came Ellen Burzbn to me known, who being by me
duly sworn, did depose and say that she resides in chappagua
New York, that she is the executive director of the S.P.C.A.
of Westchester Inc, the corporation described in and which
executed before going instrument that she knows the seal of
said corporation; that the seal affixed to said instrument
is such corporate seal; that it was so affixed by order of
the Board "Of Directors of said corporation, and that she
signed her name thereto by like
NOT,

I
.,
JANICE A. KUEND
Ng»nr PuW&lt; Su » of New Yo*

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