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A regular meeting of the Board of Trustees of the Village of Sleepy Hollow was held
on Tuesday, December 10, 2002 at 8 pm in Village Hall, 28 Beekman Avenue, Sleepy
Hollow, New York.
Present:

Mayor Philip Zegarelli
Mario DiFelice
James Hart
Donald Stever
Richard Spota
Richard Zieja

Trustees

Also Present: Brian Murphy, Village Attorney
Absent: Trustee Robert Higle
Dwight Douglas, Village Administrator
Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag.
He asked that everyone remain standing for a moment of silence for a former
trustee, William Doorley who passed away recently.
Approval of Minutes
Trustee DiFelice moved, seconded by Trustee Hart to approve the minutes of
November 26, 2002, motion carried 6-0.
Trustee Zieja moved, seconded by Trustee Spota to approve the minutes of
December 3, 2002 worksession, motion carried 6-0.
Public Hearing
Mayor Zegarelli read the attached public hearing notice regarding sidewalk cafes.
Village Attorney gave a brief explanation of the proposed local law.
Peter Komasa, owner of Bargain Buster at 95 Beekman Avenue addressed the
Board stating that his concern is that this law as written does not address the
concerns of all the merchants in the village. He made several suggestions such as
charging a monthly fee for merchants such as himself to sell his goods on the
sidewalk.
The Mayor commented that the Board mil take this under review and no decision
will be made until sometime in January.
Mario Belanich commented that he had concerns about selling merchandise on the
sidewalks. He suggested that we look at Tarrytown's ordinance and other
ordinances in other villages.
Trustee Stever commented that we have looked at Tarrytown's ordinances and a
large number of other ordinances and we have concluded that Tarrytown's
ordinance is insufficient for our needs and therefore chose not to follow it.
1

�3 A3

There being no further comments, Trustee Stever moved, seconded by Trustee
DiFelice to close the hearing, motion carried 6-0.
Approval of Warrants
Trustee Spota moved, seconded by Trustee Hart to approve the warrant and
authorize the Treasurer to pay the bills subject to approval and review of the Mayor
and Village Administrator, motion carried 6-0. Total of the General fund is
S100,369.71, total of the Water &amp; Sewer fund is $28,468.99 and the Capital fund
total is S20,037.89.
Mayor's Announcements
Mayor Zegarelli commented that today is the 6th anniversary of the name change of
the village to Sleepy Hollow.
Trustee Reports
Trustee DiFelice congratulated Joe DeFeo and the Department of Public Works for
a great job during last week's snow storm.
He read the attached Public Works Report.
Trustee DiFelice commented that we usually bag the parking meters during the
holiday season. Trustee DiFelice moved, seconded by Trustee Stever that the
parking meters be bagged from December 16th to January 6,2003, motion carried
6-0.
Trustees Spota , Hart and Zieja had no reports.
Trustee Stever reported that there is no Waterfront Advisory Committee meeting
this month; they will meet again in January.
Trustee Stever commented that he and the Village Administrator met with
representatives of Gillette today and a resolution will be passed tonight.
Mayor's Report
Mayor Zegarelli gave an update on the status of the Reservoir Pump Station.
We received update on the major escrow accounts from the Administrator.
We have received a breakdown from the Recreation Department on the list of
donations for those volunteers who participated in the Haunted Hayride. These
donations will be given to the different groups at the Day of Remembrance which
will be held on December 17,2002.
Resolutions-Attached
Old Business-None
New Business
2

�3

Mayor Zegarelli commented that on December 17 th at 7 pm we will celebrate of Day
of Remembrance in the Columbia Hose fire headquarters/

Communications, Petitions &amp; Requests
Village Clerk read correspondence from Las Caobas Grocery &amp; Restaurant located
at 196 Cortlandt Street informing the village that they have applied for a license to
sell beer at their premises. Copy to Police Chief
Village Clerk read correspondence from El Criollito Restaurant informing the
village that they have applied for the renewal of their liquor license. Copy to Police
Chief.
Trustee Stever was in receipt of a letter from a friend thanking Lt. Barry Campbell
for his assistance when his car broke down on route 9 while on his way to Ossining.
(To be placed in personnel file)
Mayor Zegarelli read correspondence from Jose Ojito, Acting Secretary of Union
Hose, informing the village that they voted in favor of keeping the old Union Hose
fire truck.
Mayor Zegarelli commented that Christina Simoe has been appointed as a new
member to the Ambulance Corp. Trustee DiFelice moved, seconded by Trustee
Zieja to approve this appointment, carried 6-0.
There being no further business, Trustee DiFelice moved, seconded by Trustee Hart
to adjourn the meeting, carried.
Respectfully submitted,

Angela Everett
Village Clerk

�3 -'^

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VILLAGE OP SLEEPY, HOLLOW
NOTICE OF PUBLIC HfiARING
PLEASE TAKE NOTICE, that the Board of Trustees of the
Village of Sleepy Hollow will hold a Public Hearing on Tuesday,
" December 10, 2002 at 8:00 p.m. or soon thereafter, in the
Municipal Building, 28 Beekman Avenue, Sleepy Hollow, New York
to hear and consider a local law which would require any person

i

or business seeking to conduct coinmercial activity, i.e. operate
a sidewalk cafe or a sidewalk sale or display, on a sidewalk in
the Village to first obtain a license from the Village of Sleepy
Hollow.
A copy of the proposed local law and related information is
available upon request at the Office of the Village Clerk.
All persons are entitled to attend and be heard at this
Public Hearing.

By order of the Board of Trustees
of the Village of Sleepy Hollow

I

Angela Everett, Village Clerk
Dated: November 22 , 2002

�3 3T)

PUBLIC WORKS REPORT
DECEMBER 10,2002
IMPORTANT NOTICE!!!!!!!!
VILLAGE OFFICES WILL BE CLOSED ON WEDNESDAY, DECEMBER 25
AND WEDNESDAY JANUARY 1 ST . THEREFORE THERE WILL BE NO
RECYCLING PICKUP ON THOSE TWO WEEKS. RECYCLING WILL
CONTINUE ON WEDNESDAY, JANUARY 8,2003.

LEAF PICKUP WILL CONTINUE UNTIL THE END OF DECEMBER,
WEATHER PRiMITTING.
SALT BARRELS HAVE BEEN PLACED THROUGHOUT THE VILLAGE.
TREE TRIMMING AND REMOVAL IS CONTINUING.
HOLIDAY DECORATIONS AND LITES HAVE BEEN PUT UP.

�3-zz

Meeting Date: December 10, 2002
Resolution 12/176/02
Resolution Transmitting Comments on the
Draft Environmental Impact Statement
Ichabod's Landing Riverfront Development

WHEREAS, on May 24, 2002, a preliminary Draft Environmental Impact Statement (DEIS) was
submitted to the Village of Sleepy Hollow Board of Trustees acting as the Lead Agency under 6
NYCRR Part 617 the State Environmental Quality Review Act (SEQRA) by Community
Planning and Development Consultants on behalf of Ginsburg Development LLC (the
Applicant) for the construction of a riverfront development in the Village's RF-Riverfront
Development District; and
WHEREAS, the Lead Agency commenced a review of the preliminary DEIS for completeness
with respect to items identified in the scoping outline adopted by the Lead Agency on November
13, 2001;and
WHEREAS, the Lead Agency at its August 20, 2002 meeting did, after careful deliberation and
review of the DEIS document and with the advice of its consultants and counsel, declare that the
Ichabod's Landing DEIS was complete with respect to its scope, content and adequacy as
prescribed by SEQRA; and
WHEREAS, the Lead Agency held a duly noticed public hearing on the DEIS on October 8,
2002, adjourned the public hearing until November 12, 2002, closed the public hearing on
November 12,2002 and extended the public comment period until December 20,2002; and
WHEREAS, the Lead Agency has reviewed various correspondence submitted by the public and
comments on the DEIS by the Village's Planning Board, Waterfront Review Committee, Village
Engineer and the Village's Planning Consultant; and

WHEREAS, the Mayor and Board of Trustees have discussed their concerns relative to the
information presented in the DEIS at their November 5,2002 and December 3,2002 work
sessions and now wish to convey said concerns in a letter as drafted and annexed hereto.

�3Z-1

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Board of Trustees does hereby
authorize the Mayor to transmit the attached DEIS comment letter to Bruce Lozito, acting on
behalf of Ginsburg Development, LLC, the responses to which are to be included in the Final
EIS.
MOVED: T r u s t e e S t e v e r

SEC

oNDED:Trustee

s

Pota

VOTE:

F:\M\M-720 Sleepy Hollow\Ichabod's\Resolutions\deis comments ich.wpd

6

~°

�3 3D

_Deceinber 10, 2002

I

Mr. Bruce R. Lozito, AICP
Community Planning and Development Consultants
3102 Victoria Drive
Mt. Kisco, New York 10549
Re: Ichabod's Landing DEIS Review

Dear Bruce:
The Village Board has reviewed in detail the Draft Environmental Impact Statement (DEIS) for the proposed
Ichabod's Landing Riverfront Development submitted on behalf of Ginsburg Development LLC (the applicant). A
public hearing, held on two separate evenings, was used to solicit input from the public and other constituents. In
addition, the Village Board has reviewed correspondence and comments from the various Village Boards and
Committees, interested and involved agencies. After reviewing all of the aforementioned material the Village Board
requests that the following items be responded to in the Final EIS.
«

Westchester County Department of Health has submitted a letter indicating that municipal water supply and
storage capacity issues need to be addressed prior to future development going forward. The Village has
initiated a study of the improvements necessary. The Village needs to assess how larger (e.g., Ichabod's
and GM) developments would participate in the expansion program.
As indicated prior to and during the public hearing process, the Board is still concerned about the
relationship between the subject site and the eventual GM/Roseland development. Of particular concern is
. - the viability of the retail component which appears to be provided only to meet the mixed use requirements
in the RF District. The retail units appear to be undersized compared to more contemporary standards,
there is no parking located in close proximity to the stores and the applicant has admitted that the stores
would have to be subsidized for an indefinite period.
Concerns have been raised about the overall density of the proposed project, or more specifically the
massing of the proposed buildings. The overall height and length of building could be perceived as visual .
barrier to the Hudson River. In particular, the County has commented that Building 1 along the northernmost portion of the site appears as a "superblock" due to its length (320 feet). The applicant needs to
address alternative means to break up Building 1 to address: 1) viewshed issues from the identified view
corridors so as to attempt to maintain a visual connection with the Hudson River; and 2) better indicate to
the pedestrian public that there is an open space component along the Hudson. The Village Board must
consider the potential impacts to the identified viewsheds outlined in the Village's Local Waterfront
Re vital ization Plan (LWRP). - It is suggested that the applicant coordinate with the Village to conduct a
balloon test in the field to better assist the Village in determining potential visual impacts.

•

Related to the discussion of the alternative design concepts for Building 1, the Village is concerned with
how the streetscape along River Street would be addressed. With the location of the Beekman Avenue
Extension in close proximity, would this require the realignment of River Street? How v/culd that
intersection be controlled, though signage or signal?

•

The proposed action being considered by the Village includes residential development, retail development
and waterfront promenade improvements. These components are all part of the riverfront development
application. The applicant has indicated that they would be pursuing grant funding for the waterfront
promenade improvements. The Village Board wants to be clear with the applicant that in the event that
grant funding is not available, the applicant will be required to make such improvements. Eventual
ownership and maintenance of the waterfront promenade still need to be discussed in more detail. How
would maintenance equipment access the promenade and/or bulkhead? Who would be responsible for
maintenance? Could a maintenance fund be established, similar to that utilized for the County House

�/

Road subdivision?
•

The Village is still concerned about the overall width of the proposed promenade, how it relates to the
adjoining esplanade to be developed on the neighboring GM site and whether the narrowness of the public
space and its close proximity to the proposed new residential units will inhibit or limit its use by the public.
The Village suggests that alternative concepts for addressing these issues be included in the FEIS.
The Applicant has, in previous discussions, indicated that they would reevaluate the relationship between
the proposed development and Horan's Landing such that there may be an opportunity to enhance access to
the waterfront and allow for better utilization of the Park.
* Comments were raised at the Waterfront Advisory Committee's meeting relative to enhancing access to the
Hudson River. The City of Kingston and the nearby Village of Port Chester both havefloatingdocks along
their waterfront promenades that provide opportunities for transient boat traffic to access the waterfront
This arrangement could be explored in the area adjacent to Horan's Landing. The applicant should provide
alternative uses such as the floating dock system that enhance access to the Hudson River.
The Applicant should consider an alternative that incorporates different architectural styles for the
individual buildings. This would provide the Village with a better opportunity to evaluate the context of
the building design program. The Village has retained the services of the architectural firm of Beyer
Blinder Belle to assist the Village in this evaluation. It is suggested that the applicant review the proposed
facade details with Beyer Blinder Belle prior to submission of the FEIS.
Site access issues need to be coordinated with the Village's Fire Department with respect to access from
River Street, access around the perimeter of the property and internal access (e.g., adequate turning radius
for fire fighting apparatus). Concerns have been raised about the appropriateness- of the internal courtyard
and pool given that this may be an underutilized facility considering its location amidst the site access road
and internal parking area.
Related to the coordination of the site plan with prospective plans for the GM site is the subject site's
location in proximity to the deepwater channel. The applicant should provide additional discussion on the
ability to access larger vessels for ferry traffic, river trips, antique boats, etc.

On behalf of the Village, we look forward to continuing this process. Should you have any comments or questions
on the above please feelfreeto call.
Sincerely,

Philip E. Zegarelli, Mayor
cc:

Dwight Douglas
Joel Sachs
David B. Smith
Jerry Fine

�33

MeetingDate: 12/10/02
Resolution #: 12/177/02
Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Execution of Contract with Fourmen Construction, Inc.
Police Locker Room Improvements

- Whereas, bids from qualified contractors were solicited to undertake improvements to the
Police Locker Room and two qualified bids were received by the deadline date of
Monday* December 2,2002, and
Whereas, the bid proposals were duly opened and Fourmen Construction, Inc. of 1134
Main Street, PeekskilL New York 10543 was identified as the low bidder and determined
to have submitted a responsive bid proposal, complying with all terms and requirements
of the bid documents, and
Whereas, said low base bid of sixty-four thousand dollars ($64,000) was reviewed by the
Village Engineer and determined to be reasonable,
Now, Therefore, Be It Resolved that, the Village Board herein accepts the bid proposal of
Fourmen Construction, Inc. for the Police Locker Room improvement project at a total
cost of $64,000 to be funded with Village capital funds, and
Be It Further Resolved, that the Village Board herein authorizes the Mayor to execute a
contract for said work, and to take other such steps as are necessary to effectuate the
intent of this resolution.
-

Moved b y

T r u s t e e

DiFelice

Resolution #
Date: December 10th, 2002

^ Seconded b y T r u s t e &amp;

S

P o t a , Vote:

6

-°

�Meeting Date: December 10, 2002
Resolution: 12/178/02
RESOLUTION RE: ACQUISITION OF DURACELL PROPERTY
WHEREAS, Duracell, a division of Gillette Company with offices in Bethel,
Connecticut is presently the owner of certain property within the Village of Sleepy
Hollow consisting of two parcels of land situated on either side of Andrews Lane and
consisting of approximately 2.65 acres which parcels are designated on the Tax Map of
the Village of Sleepy Hollow as Section 15, Block 3, Lot 4 and Section 15, Block 10, Lot
30; and
WHEREAS, Duracell has proposed to convey such land to the Village of Sleepy
Hollow for public park and recreational purposes for nominal consideration; and
WHEREAS, on November 19,1996, the Village of Sleepy Hollow adopted a Local
Waterfront Revitalization Program (LWRP) and said program was subsequently
approved by the New York State Secretary of State and concurred to by the United
States Office of Ocean and Coastal Resource Management; and
WHEREAS, the LWRP identifies as one of its principal proposed public and
private projects the redevelopment of the "old Duracell Battery Site", development to
be "in keeping with the policies of the LWRP and the long-range plan to transmogrify
the Village from an industrial-dominated economy to a commercial-residential-tourism
based economy"; and
WHEREAS, the Village of Sleepy Hollow has determined that it would be in the
interests of the Village and its residents to acquire the aforesaid Duracell parcels for
park and recreational purposes; and
WHEREAS, the Village of Sleepy Hollow has applied for and received grant
funding from New York State through the Environmental Bond Act for monies to
rehabilitate and expand recreation facilities at the Village's Barnhart Park; and
WHEREAS, the Village of Sleepy Hollow is in receipt of correspondence from
New York State Department of Environmental Conservation dated June 14,1999,
indicating the suitability of this site for redevelopment; and
WHEREAS, a proposed Transfer and Conveyance Agreement has been drafted,
which Agreement provides for the conveyance of the subject parcels to the Village of
Sleepy Hollow; and
WHEREAS, a Coastal Assessment Form and a long form Environmental
Assessment Form have been prepared; and

�33y

I
WHEREAS, the Transfer and Conveyance Agreement conditions transfer of title
on completion of the State Environmental Quality Review Act (SEQRA) process.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Village Board, after
a review of the proposed action, do hereby declare that the proposed action under the
SEQRA is an Unlisted Action as defined by SEQRA; and be it further
RESOLVED, that the Village Board does hereby declare itself to be Lead Agency
in this matter and will conduct an uncoordinated review; and be it further
RESOLVED, that the Mayor of the Village of Sleepy Hollow on behalf of the
Village of Sleepy Hollow is hereby authorized to execute a Transfer and Conveyance
Agreement with Duracell, a division of the Gillette Company in regard to two parcels of
land situated on either side of Andrews Lane and designated on the Village of Sleepy
Hollow Tax Map as Section 15, Block 3, Lot 4 and Section 15, Block 10, Lot 30,
contingent upon:
A. Completion of the documents required to be attached to the Agreement by
Section 10 thereof; and
B. The Mayor and the attorneys for the respective parties agreeing upon the
final language of the Agreement; and be it further
RESOLVED, that the Long Form EAF be circulated to the following:
Philip E. Zegarelli, Mayor
Village Hall
28 Beekman Avenue
Sleepy Hollow, NY 10591
Nicholas Robinson, Chairman
Village of Sleepy Hollow Planning Board
Village Hall
28 Beekman Avenue
Sleepy Hollow, NY 10591
Erin Crotty, Commissioner
NYSDEC
625 Broadway -4 t h Floor
Albany, NY 12233-3507

�5T

Michael Mason, Project Manager
NYSDEC, Division of Environmental Remediation
Bureau of Construction Services, Room 267
50 Wolf Road
Albany, NY 12233-7010
Marc Moran
NYSDEC, Region 3 •
New York State Department of Environmental Conservation

21 South Putt Corners road
New Paltz, NY 12562-1696
Westchester County Department of Planning
C/o Lukas Herbert
148 Martine Avenue
White Plains, NY 10601

MOVED BY: Trustee Stever SECONDED BY: Trustee Hart VOTE: 6-0

�3 36

Meeting Date: 12/10/02
Resolution #: 12/179/02
Be it resolved that the Board of Trustees does hereby approve the Mayor's
appointment of Silvia Copas, 176 N. Washington Street, Sleepy Hollow, New York
as part-time School Crossing Guard at an hourly salary of $10.00 per hour effective
December 11, 2002.
Said appointment is subject to a probationary period of twelve to fifty-two weeks
and the approval of the Westchester County Department of Human Resources.
Moved:Trustee Zieja

Seconded:Trustee DiFelice

Vote:6-0

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