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                  <text>A regular meeting of the Board of Trustees took place oo Tuesday, February 11,
2003 at 8 pm in Village Hall, 28 Beekmaa Avenue, Sleepy Hollow, New York.
Present: Mayor Philip Zegarelli
James Hart
Richard Spota
Mario DiFelice
Donald Stever
Richard Zieja
Kay Grala

Trustees

Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag.
Mayor Zegarelli commented that they met in executive session to discuss certain
items with our attorneys and consultants. No formal action was taken but a
resolution will be adopted tonight regarding the decision made.
Approval of Minutes
Trustee Spota moved, seconded by Tmstee Grala to approve the minutes of January
28, 2003 with minor corrections of the spelling of the names of two Auxiliary Police,
motion carried.
Approval of Warrants
Trustee DiFelice moved, seconded by Trustee Zieja to approve the warrant and
authorize the Treasurer to pay the bills subject to review and signature of the
Village Treasurer and Mayor. Total of the General Fund is $73,054.13, total of the
Water &amp; Sewer fund is $21,286.05, motion carried 7-0.
Mayor's Announcements
The Mayor commented that Joel Sachs, Special Counsel in this matter, will be
giving an overview and presentation of the GM site and Rosdand properties.
Joel Sachs commented that a number of years ago the Village passed the RF
Riverfront zoning. Two documents were delivered to his office today. One is a draft
riverfront development concept plan schedule permit application which under the
RF zoning are the applications that are needed to commence the process of review
and he also received a portion of the environmental assessment form.
Joel Sachs suggested that the Mayor and the board authorize Dave Smith, Dwight
Douglas and Joel Sachs and any others involved in the process to review the
documents for completeness and hopefully within two weeks we would be in a
position to make some recommendations. Mayor Zegarelli commented the
consensus of the board is to authorize this.
An informational hearing will be held at the Sleepy Hollow High School on
February 27* regarding GM and Rosebud.

�Mayor's Report
Mayor Zegarelli read a letter from the COC regarding the use of the COC for the
After School Program.
He read a letter regarding various contact numbers for Con Edison in the event of
an emergency.
He received a thank you from Haig Bohigan who provided the maps and framed
them.
The Mayor received a letter from Westchester regional EMS asking if we need any
help. The Mayor commented that we have had a major turn around in the
Ambulance Corp and we are planning to have a dinner for them sometime in
March.
The Mayor was in receipt of a letter from the Warner Library inviting us to attend
African Heritage Month on February 23rd at 3pm.
Mayor Zegarelli met with Dr. Hankin, President of Westchester Community
College foundation regarding several projects which will be very helpful here,
especially in ESL oriented.
The Mayor received a letter from the Public Schools regarding the recent oil spill.
He received turn off notices from Con Ed for 49 Depeyster Street and 76 Beekman
Avenue.
Mayor Zegarelli commented that the 1% sales tax is a dead issue.
We received a letter from Nita Lowey offering to help us with grants.
We have reviewed the state audit report.
The Mayor received a letter from the Sleepy Hollow Pharmacy which will be
opening shortly at 185 Cortlandt Street requesting a handicap parking space in
front of their store.
He was in receipt of a letter from Robert Meehan, Town of Mt Pleasant Supervisor,
regarding a meeting to be held at the New Castle Town Hall on February 19* to
discuss cable franchise.
Mayor Zegarelli reported that the IBM complex on route 9 has been sold and this
will be great for the economy.
The Mayor read a letter from the Hudson River Valley Greenway congratulating us
on Horans Landing.
He received a letter of thanks from Supreme Court Judge Levine for using one of
his pictures on our calendar which we sent to him.

�3^?

Trustee Reports
Trustee DiFelice read the attached Public Works Report.
Trustee Spota commented that the Public Safety Committee will meet on Monday,
February 24th at 7:30 pm.
Trustee Hart commented that its that time of the year where both villages are
discussing summer camp programs and working out the details.
Trustee Grala had no report.
Trustee Zieja read the attached Fire Wardens correspondence. Trustee Zieja
moved, seconded by Trustee DiFelice to approve the actions of the Fire Wardens,
carried.
Trustee Stever reported that he and the Administrator spent time dealing with the
revisions on the Duracell agreement. The Board will be voting on the resolution this
evening.
He commented that at the January meeting of the Waterfront Advisory Committee
they found consistent with the LWRP a revised proposal by Laurentino Rodriguez
on his proposed Clock Tower building.
Trustee Stever reported that trustees met with the planning consultants on a
planning board matter regarding application of Antonio Rodriguez for proposed
Philipse Plaza on Old Broadway. The problem that arose with that project is with
the DOT who has jurisdiction over curb cuts.
Administrator's Report
Dwight Douglas reported that the Department of Public Works has been doing
renovation projects in Village Hall and the Police Department.
The Police Department locker room project is underway.
The Verizon project is almost complete.
The Administrator commented that we are going to try to get a grant for a new
senior center.
The Mayor commented that in the meantime, we are looking into the possibility of
purchasing or leasing the UAW hall on Beekman Avenue to be used as a senior
citizen center.
There is a good possibility that we may be able to lease a new senior van for three
years for $1.00 through a county grant.
We have been working with the County to go out to bid sometime in May for Cedar
Street sidewalks and Margotta Courts playground.

�We met with Kendal on Hudson CCRC Team to review their plans to get their
building permit possibly by the end of March.

I

Resolutions- Attached
The Mayor commented that the Village Clerk will need representation regarding an
election matter and asked for a motion to have our village attorneys represent her;
Trustee DiFelice so moved, seconded by Trustee Hart and carried.
Old Business-None
New Business-None
Communications, Petitions &amp; Requests
Village Clerk read correspondence from the VFW informing the village of their
intent to renew their liquor license. (Copy to Police Chief)
There being no further business, Trustee Spota moved to adjourn the meeting,
seconded by Trustee Spota and carried.
Respectfully
especnuiiy submitted,
submitted, .^
Angela Evttett-Village Clerk

I

�31\

i

Meeting Date: 02-11-03
Resolution #: 02/20/03
Be it Resolved that the Assessor of the Village of Sleepy Hollow las prepared Ac
Tentative Assessment Roll for the onto* year; and thai said Assessment Roll has
been filed with the Village Qetk at her oflioe in die Municipal Buildings 28
Beekman Avenue, Sleepy Hollow, New York, where it may he seen and examined
by any persons at all tiroes daring hastiness hoots between &amp;30 AM and 430 PM
until the 18th day of Febroary, 2003 and that on such day hi the Boaid room,
Municipal Building, 28 Beekman Avenue, in said Village, between the hours of 4
PM and 8 PM, the Board of Trastoes of said Village will meetforthe purpose of
hearing complaints in relation thereto, on the application of any peison considering
himself aggrieved thereby.
MOVED:Trustee

i

i

Grala

S l ^ M M d ^ ^

DiFelic

%OTE: 7~°

�Meeting Date: 02/11/03
Resolution #: 02/21/03
Be it resolved that the Board of Trustees does hereby ratify the Police Chiefs
appointment of Antonio Benetiz to the position of Police Detective effective
February 10,2003 at an annual salary of $69,276.00. Mr Benetiz has been notified
that there are no contractual problems.
Moved: Trustee Spota

Seconded: Trustee D i F e l i c e

Vote: 7 "°

�31

82/07/2003

11:34

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PAGE

./

Meeting Date:

02/11/03 ,

Resolution #:

02/22/03
»

VILLAGE OF SLEEPY HOLLOW
NOTICB OF PUBLIC H5ARINQ
PLEASE TAKE NOTICE, that the Board of Trustees of the
Village of Sleepy Hollow will hold a Public Hearing on Tuesday,
March 11, 2003 at 8:00 p.m. in the Municipal Building, 28 Beekman
Avenue, Sleepy Hollow, New York, to consider an application by Mr.
Steven Pakola for a license to use and maintain a stonewall
on the Village Right of Way in front of Mr. Pakola's residence
located at 48 Hemlock Drive in the village of Sleepy Hollow.

The

stone wall is approximately 96 feet in length, approximately 15
inches in height and 15-20 inches in width.
A copy of the proposed license agreement and survey showing
the location of the wall are 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
Angela Everett, village Clerk
Dated: February 15 , 2003
Moved:

Trustee Stever

Seconded:

Trustee Grala Vote: 7-0

t

�Meeting Date: 02/11/03
Resolution #: 02/23/03
BE IT RESOLOVED, that the Board of Trustees of the Village of Sleepy Hollow hereby
authorizes the Village Administrator to solicit bids for the sale of the 1977 American
LaFrance Fire Truck without equipment and to set a minimum bid of $6000.00 for the
Fire Truck. Bids must be received by the Village Clerk by April 10,2003 at 10:00 AM at
28 Beekman Avenue, Sleepy Hollow, New York. The Village reserves the right to reject
any and all bids received for the Fire Truck.
Moved: Trustee Hart Seconded: Trustee Hart Vote 7-0

�3~?^

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PAGE

Meeting Date: February 11,2003
Resolution #: 2/24/03
WHEREAS, on January 28,2003, a resolution was duly adopted by the Board of
Trustees of the Village of Sleepy Hollow to adopt a local law requiring any person or
business seeking to operate a sidewalk cafe or sidewalk display on a sidewalk in the
Village of Sleepy Hollow tofirstapply for and obtain a licensefromthe Village of
Sleepy Hollow, and
WHEREAS, said local law states, in part, that the application for a license shall be
accompanied by an application fee in an amount determined by the Board of Trustees and
set forth in Chapter 79 of the Village Code, and
WHEREAS, sidewalk fees were discussed by the Board of Trustees at the January
28, 2003 and February 4,2003 regular meetings, 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 amend
Chapter 79 of the Village Code to include a $100.00 application fee and $3.00 per square
foot of sidewalk used fee as a charge for the use of Village sidewalks for both sidewalk
cafes and sidewalk displays, and
NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees of the
Village of Sleepy Hollow hereby amend Chapter 79 of the Village Code to include a
$100.00 application fee and S3.00 per square foot of sidewalk used fee as a charge for the
use of Village sidewalks for both sidewalk cafes and sidewalk displays, and be it further
RESOLVED, there shall be no fee required for special sidewalk sales designated
and authorized by the Village Board of Trustees, and be it further
RESOLVED, that the Village Clerk is directed to enter said amendment in the
minutes of this meeting and in the Code book of the Village of Sleepy Hollow.

Truatee
MOVED: Stever

TVna*-«-»
SECONDED: x S B 8 t t e

VOTE:

7-0

04/04

�I
Meeting Date:

02/11/03

REsolution #:

02/25/03

Resolution of Participation
Westchester County Fire Mutual Aid Plan

Resolved that the Village of Sleepy Hollow approves participation by the Sleepy
Hollow Volunteer Fire Department in the Westchester County Fire Mutual Aid
Plan as now in effect and as amendedfrom^timeto time and certifies to
Westchester County, through its Commissioner of Emergency Services, that no
restriction exists against "outside services" by such fire company/fire department
within the meaning of Section 209 of the General Municipal Law which would
affect the power of such fire company/fire department to participate in such plan.
And be it further resolved that copy of this resolution be filed with the Westchester
County Commissioner of Emergency Services.

I

Trustee Zieja moved,

TrusteeGrala
Voted: In favor

seconded this resolution
7

Opposed

0

Abstained

2/11/03

(Date)

(Signed)

(Title)

i

�311

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Westchester County Contract
Stop-DWI Patrol/Datamaster Project

Whereas, the Village of Sleepy Hollow Police Department presently participates in a
Westchester County initiative called Stop-DWI as more fully described in the annexed
draft contract, and
Whereas, the Village of Sleepy Hollow Board of Trustees, as recommended by Chief
Warren, wishes to continue participation in this initiative,

I

Now, Therefore, Be It Resolved that, the Village Board herein authorizes the Mayor to
execute the annexed contract documents for the implementation of this initiative and to
take any and all steps necessary to effectuate the intent of this resolution.

Moved Trustee Spot a , Second:
Resolution 26_adopted

2/11/03

**ej5

,Vote:

7

~Q

�5T*

Contract No. 2003-35
COUNTY OF WESTCHESTER
AGREEMENT made the
day of
, 2003, between the County of
Westchester, 148 Martine Avenue, White Plains, New York 10601 (hereinafter referred
To as The'•Count/')/and
VILLAGE OF SLEEPY HOLLOW
28 Beekman Avenue
Sleepy Hollow, NY 10591
(hereinafter referred to as the "Municipality")
1. In consideration of an amount not to exceed BGHT THOUSAND FOUR HUNDRED
($8,400.00) DOLLARS to be paid as hereinafter set forth, the Municipality shall participate in the
Westchester County STOP-DWI Patrol/Datamaster Project as described in Schedule A'which is
attached to and forms a part of this Agreement
This contract is subject to County Appropriations and this contract is subject to
further financial analysis of the impact of 2003 and 2004 New York State Budget.
The County shall retain the right, upon the occurrence of any release by the
Governor of a proposed budget of the State of New York and/or the adoption of the State budget or
any amendments thereto, and after the County has a reasonable period of time to conduct an
analysis of the impacts of such budgets) on County finances, to terminate this Agreement authorized
herein or to renegotiate the amounts and ratejs approved herein. If the County subsequently offers to
pay a reduced amount to the Municipality, then the Municipality shall have the right to terminate this
Agreement upon reasonable prior written notice.
2. All records compiled by the Municipality in completing the work described in this
Agreement, including but not limited to written reports, studies, drawings, blueprints, negatives of
photographs, computer printouts, graphs, charts, plans, specifications and all other similar recorded
data, shall become and remain copies of suchrecordsfor a minimum period of two (2) calendar years
beyond the current calendar year. Copies of this information will be provided to the County when
requested.
3. Tne work to be performed pursuant to the terms of this Agreement shall commence
promptly on January 1,2003 and shall be completed no later than December 31,2003 except as
extended by the Commissioner of the Department of Public Safety or his duly authorized designee
("Commissioner") in writing. The Municipality shall issue progress reports to the County as the
Commissioner may direct and shall immediately inform the Commissioner in writing of any cause for
delay in the performance of its obligations under this Agreement

�4. THE MUNICIPALITY AGREES AND SHALL BE SUBJECT TO THE INSURANCE
REQUIREMENTS CONTAINED IN SCHEDULE B, which schedule is attached to and forms
a part of this Agreement. IN ADDITION TO, AND NOT IN LIMITATION OF the insurance
provisions contained in Schedule B, the Municipality agrees:
(a) that except for the amount, if any, of damage contributed to, caused
by or resulting from the negligence of the County, the Municipality shall
indemnify and hold harmless the County, its officers, employees, and agents
from and against any and all liability, damage, claims, demands, costs,
judgements, fees, attorney's fees or loss arising out of the negligent acts, errors
and omissions of the Municipality or third parties under the direction or control of
the Municipality; and
(b) to provide defense for and defend, at its sole expense, any and all
claims, demands or causes of action arising out of the negligent acts, errors and
omissions of the Municipality or third parties under the direction and control of the
Municipality and to bear all other costs and expenses related thereto.
5. The Municipality shall comply, at its own expense, with the provisions of all
applicable state and municipal requirements and with all state and federal laws
applicable to the Municipality as an employer of labor or otherwise. The Municipality
shall further comply with all rules, regulations and licensing requirements pertaining to
its professional status and that of its employees, partners, associates, subcontractors
and others employed to render the services hereunder.
6. Payment under this Agreement shall be made after completion of the Work to
the satisfaction of the COUNTY and the submission by the MUNICIPALITY of a properly
executed claim form approved by the Commissioner of Public Safety. Except upon the
prior written approval of the Commissioner, no payment shall be made by the County to
the Municipality for out of pocket expenses or disbursements made in connection with
the services rendered or the work to be performed hereunder.
7. The Municipality represents and warrants that it has not employed or retained
any person, other than a bona fide full time salaried employee working solely for the
Municipality to solicit or secure this agreement, and that it has not paid or agreed to pay
any person (other than payments of fixed salary to a bona fide full time salaried
employee working solely for the Municipality) any fee, commission, percentage, gift or
other consideration, contingent upon or resulting from the award or making of this
agreement. For the breach or violation of this provision, witfiout limiting any other
rights or remedies to which the County may be entitled or any civil or criminal penalty to
which any violator may be liable, the County shall have the right, in its discretion, to
terminate this Agreement without liability, and to deduct from the contract price, or
otherwise to recover, the full amount of such fee, commission percentage, gift or
consideration.

-2-

�I
8. The County, upon ten (10) days notice to the Municipality, may terminate this
Agreement in whole or in part when the County deems it to be in its best interest. In
such event, the Municipality shall be compensated and the County shall be liable only for
payment for services already rendered under this Agreement prior to the effective date
of termination.
9. This Agreement may not be assigned by the MUNICIPALITY without the prior
written consent of the COUNTY.
10. In the event of any conflict between the terms of this Agreement and the
terms of any attachments hereto, it is understood and agreed that the terms of this
Agreement shall be controlling.
11. This Agreement shall not be enforceable until signed by all parties and
approved by the Office of the County Attorney.
12. This Agreement shall be construed and enforced in accordance with the Laws
of the State of New York.
IN wrTNESS WHEREOF the parties hereto have hereunto set their hands and
seals.
THE COUNTY OF WESTCHESTER
BY:
Commissioner of Public Safety

MUNICIPALITY
BY:
Name &amp; Title
Approved as to form
and manner of execution

Assistant County Attorney
County of Westchester

Approved by the Westchester County Board of Acquisition and Contract
on:_l/23/03
(Date)
(if not required, enter "N/A")

2279v

�SCHEDULE A
STOP-DWI PATROL/DATAMASTER PROJECT 2003
The STOP-DWI Patrol Project is an overtime, added, patrol effort to enforce the New
York State Vehicle and Traffic Laws against intoxicated and impaired driving
(DWI/DWAI) in Westchester County. Each participating police department chief must
sign a yearly Participation Form and submit the required documentation to claim
reimbursement from the Stop-DWI Program. This is described below.
The patrol project requires that the STOP-DWI Patrol activity and assignment be jn
addition to the department's normal and/or routine patrol activity and assignment. It
cannot be used to replace any regular, normal or routine patrol. The additional patrol
must be conducted during the critical DWI/DWAI hours of evening and nighttime. The
STOP-DWI Patrol Project vehicle must bear the special logo and markings to increase
public awareness of the enforcement effort. A police chief project director is appointed
to work with the STOP-DWI Program in the operation of the patrol project.
The STOP-DWI Patrol Project is operated quarterly: (2003, Quarters 1-4) with annual
maximum of 280 hours of additional, overtime, DWI road patrol enforcement
reimbursed to the maximum hourly rate each year. The maximum overtime rate is $30
per hour for personal service (the actual pay rate may be lower, if so only that lower
rate is allowable). The maximum amount for Patrol project activity; described above is
$8400.
Sobriety Checkpoints may be conducted with the reimbursable hours and one or more
quarters may be combined to fund this particular effort. Coordination with the STOPDWI Program is required before the checkpoint is conducted.
To claim reimbursement on a STOP-DWI Payment Voucher the following is required:
PATROL PROJECT REIMBURSEMENT DOCUMENTATION PACKET
(Documentation required for reimbursement by STOP-DWI)
The following four items constitute your Reimbursement Documentation Packet and
must be forwarded to the STOP-DWI Office within two weeks of the end of the end of
each quarter for payment to be approved. Each agency is required to maintain copies of
ALL submitted documents and have them available for examination for a minimum of
two calendar years in addition to the current calendar year. This is to facilitate future
audits.
A) Daily Tracking Document: This is to be completed and signed by the Police
Officer assigned to STOP-DWI Patrol. ALL of the entries must be completed,
including the mileage and time, before submission.

�B) Overtime Report: A copy of the overtime report form used by your agency
to pay each assigned officer must be included. Copy MUST show the
assigned officer's name, number of hours, and assignment to STOP-DWI
Patrol. Agencies which do not pay overtime (i.e. use part-time officers) must
submit activity reports proving that the officer was assigned solely to STOPDWI enforcement and was in addition to routine patrol assignments. AN
AUTHORIZED INDIVIDUAL MUST SIGN THE SUBMITTED COPY AS
CERTIFICATION THAT IT IS A TRUE AND ACCURATE COPY OF THE
ORIGINAL AND THAT THE STOP-DWI PATROL ASSIGNMENTS WERE
I N ADDITION TO ROUTINE PATROLS. The originals are to be kept by
the submitting agency.
C) Personal Service Payment Vouchers: To be made out in the name and
Address of the municipality, not the police agency. They MUST include your
municipality's assigned Vendor No.' and 'Acct' number. They must show
that they are for the STOP-DWI Patrol Program and include the quarter's
Number and Dates. The Personal Service Voucher should also include
assignment dates, officer's name, number of hours worked, officer's actual
hourly rate (Overtime or Straight Time depending on agency as noted in "B"
above,) and total payment for officer. The rate of reimbursement for officers
assigned to STOP-DWI is the officer's actual hourly rate up to a maximum of
$30.00 per hour. The officer's actual rate is to be entered on the voucher,
not a flat rate of $30.00. If the officer's hourly rate is $30.00 or less, it is to
be entered under the "PER HOUR" (Unit Price) column and the actual rate is
to be placed in parenthesis after his/her name. A notation is to be made
that the STOP-DWI Maximum is being submitted.
D) Quarter Report: This is to be completed at the end of the quarter
indicating the activity of your agency for that quarter. Copies of the
officers' Daily Tracking Documents and the Personal Service Voucher,
are to be attached to the completed quarterly report. This complete
Reimbursement documentation Packet is to be forwarded to STOPDWI. If your agency did not assign any personnel to STOP-DWI
Patrol activities (i.e. there is no reimbursement due your agency) then
only the "NO ACTIVITY THIS QUARTER' report needs to be forwarded.
ANY REIMBURSEMENT DOCUMENTATION PACKET FILED MORE THAN
30 DAYS AFTER THE CLOSE OF A QUARTER WILL NOT BE PAID UNLESS
SPECIAL ARRANGEMENTS HAVE BEEN MADE WITH THE STOP-DWI
PROGRAM DIRECTOR IN ADVANCE.

�3*3

i
SCHEDULE A
DATAMASTER PROJECT;2003

i

If. and when, a police department is chosen by the STOP-DWI Program Director
to participate in the Datamaster Project, the municipality will be partially
reimbursed for the purchase price of the instrument A maximum
reimbursement amount of $3,000 may be provided if requested in writing and
approved by this Department. Inclusion of this schedule does not obligate the
STOP-DWI Program to fund purchase of the instrument for the municipality.
Partial Datamaster reimbursement is limited to purchase price of that instrument
and excludes any and all other costs. Reimbursement claims will be made on a
STOP-DWI Payment Voucher.
POLICE DEPARTMENT SELECTION FOR INCLUSION IN THE
DATAMASTER PROJECT WILL BE MADE BY THE STOP-DWI PROGRAM
DIRECTOR AND APPROVED BY THE COMMISSIONER OF PUBLIC
SAFETY.
To be eligible for consideration for partial reimbursement for the
purchase of a DATAMASTER. the municipality must first obtain the
Written approval of this Department

i

�SCHEDULE B
STANDARD INSURANCE PROVISIONS
(AGENCY)
1. Prior to commencing work, the Agency shall obtain at its own
cost and expense the required insurance from insurance companies
licensed in the State of New York, carrying a Best's financial rating of
A or better, and shall provide evidence of such insurance to the County of
Westchester, as may be required and approved by the Director of Risk
Management of the County. The policies or certificates thereof shall provide that
thirty days prior to cancellation or material change in the policy, notices of same
shall be given to the Director of Risk Management of the County of Westchester
by registered mail, return; receipt requested, for all of the following stated
insurance policies. All notices shall name the Agency; and identify the
Agreement.
If at any time any; of the policies required herein shall be or become
unsatisfactory to the County; as to form or substance, or if a company issuing
any such policy shall be or become unsatisfactory to the County, the Agency
shall upon notice to that effect from the County, promptly obtain a new policy,
submit the same to the Department of Risk Management of the County of
Westchester for approval and submit a certificate thereof. Upon failure of the
Agency to furnish, deliver and maintain such insurance, the Agreement, at the
election of the County, may be declared suspended, discontinued or terminated.
Failure of the agency to take out, maintain, or the taking out or maintenance of
any required insurance, shall not relieve the Agency from any liability under the
Agreement, nor shall the insurance requirements be construed to conflict with or
otherwise limit the contractual obligations of the Agency concerning
indemnification. All property losses shall be made payable to and adjusted with
the County.
In the event that claims, for which the County may be liable, in excess of
the insured amounts provided herein are filed by reason of any operations under
the Agreement, the amount of excess of such claims or any portion thereof, may
be withheld from payment due or to become due the Agency until such time as
the Agency shall furnish such additional security covering such claims in form
satisfactory to the County of Westchester.

�3SS

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Page 2

2.
The Agency shall provide proof of the following coverage (if
additional coverage is required for a specific agreement, those requirements will
be described in the "Special Conditions" of the contract specifications):
(a) Workers' Compensation. Certificate form C-105.2 or State
Fund Insurance Company form U-26.3 is required for proof of
compliance with the New York State Workers' Compensation
Law.

•

State Workers' Compensation Board form DB-120.1 is required for proof of
compliance with the New York State Disability Benefits Law. Location of
operation shall be "All locations in Westchester County, New York."
(Where an applicant claims to not be required to carry either a Workers'
Compensation Policy or Disability Benefits' Policy, or both, a temporary
permit may be issued if the employer completes form C-105.2 in
duplicate. A copy of form C-105.2 is sent to the Workers' Compensation
Board, Information Unit for investigation and report.)
If the employer is self-insured for Workers' Compensation, he should
present a certificate from the New York State Workers' Compensation
Board evidencing that fact.
(b) Employer's Liability with a minimum limit of $1000,000.
(c) General Liability Insurance with a minimum limit of liability per
occurrence of $1,000,000 for bodily injury and $100,000 for property
damage or a combined single limit of $1,000,000 (c.s.l), naming the
County of Westchester as an additional insured. This insurance shall
indicate on the certificate of insurance the following coverages:

i

(i)
(ii)
(Hi)
(iv)

Premises - Operations.
Broad Form Contractual.
Independent Agency and Sub-Agency
Products and Completed Operations.

�Page 3

(d)
Automobile Liability Insurance with a minimum
limit of liability per occurrence of $1,000,000 for bodily injury and a minimum
limit of $100,000 per occurrence for property damage or a combined single limit
of $1,000,000 unless otherwise indicated in the contract specifications. This
insurance shall include for bodily injury and property damage the following
coverages:
(i)
(ii)
(Hi)

Owned automobiles
Hired automobiles.
Non-owned automobiles.

3. All policies and certificates of insurance of the Agency
shall contain the following clauses:
(a)
Insurers shall have no right to recovery or subrogation
against the County of Westchester (including its employees and other agents
and agencies), it being the intention of the parties that the insurance policies so
effected shall protect both parties and be primary coverage for any and all losses
covered by the above-described insurance.
(b)
The clause "other insurance provisions" in a policy in which the
County of Westchester is named as an insured, shall not apply to the County of
Westchester.
(c)
The insurance companies issuing the policy or policies shall have
no recourse against the County of Westchester (including its agents and
agencies as aforesaid) for payment of any premiums or for assessments under
any form of policy.
(d)
Any and all deductibles in the above described insurance policies
shall be assumed by and be for the account of, and at the sole risk of, the
Agency.

�Meeting Date:

02/11/03

Resolution #: 02/27/03

Resolution of the Board of Trustees of the Village of Sleepy Hollow
To Adopt a Procurement Policy
WHEREAS, Section 104-b of the General Municipal Law requires the governing body of
every municipality to adopt a procurement policy for all goods and services which are not
required by law to be publicly bid, and
WHEREAS, comments have been solicited from all officers in the Village of Sleepy
Hollow involved in the procurement process, now, therefore, be it
RESOLVED, that the Village of Sleepy Hollow does hereby adopt the following
procurement policy which is intended to apply to all goods and services which are not
required by law to be publicly bid.
Procurement Policy for the Village of Sleepy Hollow
1. Every purchase to be made must be initially reviewed to determine whether it is a
purchase contract or a public works contract. Once that determination is made, a good
faith effort will be made to determine whether it is known or can reasonable be expected
that the aggregate amount to be spent on the item of supply or service is not subject to
competitive bidding, taking into account past purchases and the aggregate amount to be
spent in a year. The following items are not subject to competitive bidding pursuant to
Section 103 of the General Municipal Law: Purchase contracts under $10,000 and public
works contracts under $20,000; emergency purchases; certain municipal hospital
purchases; items purchased from agencies for the blind or severely handicapped; goods
purchased from correctional institutions; purchases under State and county contracts; and
surplus and second-hand purchases from other governmental entity.
The individual making the purchase will document in writing that the purchase is not
subject to competitive bidding. Such documentation may include written or verbal
quotes from vendors, a memo form the purchaser indicating how the decision was made,
a copy of the contract indicating the sources which makes the item or service exempt, a
memo from the purchaser detailing the circumstances which let to an emergency
purchase, or any other written documentation that is appropriate.
2. All goods and services will be secured by use of written requests for proposals, written
quotations, verbal quotations, or any other method that assures that goods will be
purchased at the lowest price and that favoritism will be avoided, except in the following
circumstances: Purchase contracts over $10,000 and public works contracts over
$20,000; goods purchased from agencies for the blind or severely handicapped pursuant
to Section 175-b of the State Finance Law; goods purchased from correctional institutions
pursuant to Section 186 of the Correction Law; purchases under State contract pursuant
to Section 104 of the General Municipal Law; or purchases pursuant to subdivision 6
(six) of this policy.

�3. The following method of purchase will be used when required by this policy in order
to achieve the highest savings:
Estimated amount of Purchase Contract Method
(Purchase Orders Required for Purchases Over $1,000)
$ 0 to$ 999
$ 1,000 to $2,999
$3,000 to $10,000
Over $10,000

Department Manager Discretion
(2) Verbal Quotations
(3) Written/FAX Quotations or
Written Request for Proposals (RFP)
Purchase Requires Bidding

Estimated amount of Public Works Contract Method
(Purchase Orders Required for Purchases Over $1,000)
$ 0 to $ 999
$1,000 to $2,999
$3,000 to $4,999
$5,000 to $20,000
Over $20,000

Department Manager Discretion
(2) Verbal Quotations
(2) Written/FAX Quotations
(3) or More written/FAX Quotations or
Written Request for Proposals (RFP)
Purchase Requires Bidding

A good faith effort shall be made to obtain the required number of proposals or
quotations. If the purchaser is unable to obtain the required number of proposals
or quotations, the purchaser will document the attempt made at obtaining the
proposals. In no event shall failure to obtain the proposals be a bar to the
procurement.
4. Documentation is required for each action taken in connection with all procurement.
5. Documentation and explanation are required whenever a contract is awarded to
other than the lowest responsible offeror. This documentation will include an
explanation of how the award will achieve savings or how the offeror was not
responsible. A determination that the offeror is not responsible shall be made by the
purchaser and may not be challenged under any circumstance.
6. Pursuant to General Municipal Law Section 104-b(2)(f), the procurement policy may
contain circumstances when, or types of procurement for which, in the sole discretion of
the governing body, the solicitation of alternative proposals or quotations will no be in
the best interest of the municipality. In the following circumstances it may not be in the
best interest of the Village of Sleepy Hollow to solicit quotations to document the basis
for not accepting the lowest bid:

�3S?

a. Professional services or services requiring special or technical skill,
training or expertise. The individual or company must be chosen based on
accountability, reliability, or responsibility, skill, education, training,
judgment, integrity, and moral worth. These qualifications are not necessarily
found in the individual or company that offers the lowest price and the nature
of these services are such that they do not readily lend themselves to
competitive procurement procedures.
In determining whether a service fits into this category, the Village of Sleepy
Hollow Board of Trustees shall take into consideration the following
guidelines: a) whether the services are subject to State licensing or testing
requirements; b) whether substantial formal education or training is a
necessary prerequisite to the performance of the services; and c) whether the
services require a personal relationship between the individuals and municipal
officials. Profession or technical services shall include but not be limited to
the following: services of a certified public accountant; investment
management services; printing services involving extensive writing; editing or
art work; management of municipality owned property; and computer
software or programming services for customized programs, or services
involved in substantial modification and customization of pre-packaged
software.
b. Emergency purchases pursuant to Section 103(4) of the General Municipal
Law. Due to the nature of this exception, these goods and services must be
purchased immediately and a delay in order to seek alternate proposals may
threaten the life, health, safety and welfare of the residents. This section does
not preclude alternate proposals if time permits.
c. Purchases of surplus and second-hand goods from any source. If alternate
proposals are required, the Village of Sleepy Hollow is precluded from
purchasing surplus and second-hand goods at auctions or through specific
advertised sources where the best prices are usually obtained. It is also
difficult to try to compare process of used goods and a lower price may
indicate an older product.
d. Goods or services under $1,000. The time and documentation required to
purchase through this policy may be more costly than the item itself and
would therefore not be in the best interest of the taxpayer. In addition, it is not
likely that such de minim contracts would be awarded based on favoritism.
e. This policy shall go into effect February 11,2003 and will be reviewed
annually.
Moved:

Trustee Stever

Seconded:

Trustee Hart

Vote: 7-0

�3^

i
Meeting Date:

02/11/03

Resolution #:

02/28/03

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Amending the 2002-2003 Capital Budget
WHEREAS, the Village Board of Trustees approved and adopted a Capital Budget for the fiscal
year 2002-2003 as part of the annual budget process, and
WHEREAS, additional projects were proposed and approved by the Board subsequent to the
2002-2003 budget adoption and said project now need to added to the Capital Budget, now,
therefore, be it
RESOLVED, that the Village Board of the Village of Sleepy Hollow hereby approves the
additional capital projects to be funded from the 2002-2003 Capital Budget per attached
schedule.
BE IT FURTHER RESOLVED, that additional engineering expenses related to the amended
Capital Budget will be added prior to the close of thefiscalyear.

Moved:

Trustee Hart

Seconded:

Trustee Grala Vote: 7-0

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�Meeting Date:

02/11/03

*

Resolution #:

02/29/03

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Contract with Exp@nets for Telephone Systems Upgrade
WHEREAS, the Board of Trustees in their continuous effort to upgrade the Village's technology
has explored the purchase of a new telephone system to replace the existing systems at the
Village Hall and Police Station, and
WHEREAS, the procurement of said telephone system upgrade will result in cost savings by
consolidating the current separate systems, and
WHEREAS, such upgrade will generate identified cost savings in the administration of and the
use of a single T-l line, while providing high-speed Internet access to authorized personnel.
Now, THEREFORE, BE IT FURTHER RESOLVED, that the Village Board of Trustees hereby
authorizes the Mayor to enter into a contract agreement with Exp ©nets for the replacement and
upgrade of the Village Hall telephone system at a total cost not to exceed $130,000.00 per
attached proposal.

Moved:

TrusteeSpota

Seconded:

Trustee Stever

Vote:

7-0

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�Meeting Date: February 11,2003
Resolution: 02/30/03
RESOLUTION
Village of Sleepy Hollow
February 11,2003
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", with the development to be "in keeping with the
policies of the LWRP and the long-range plan to transmogrify the Village from an industrialdominated economy to a commercial-residential-toursim based economy"; and
WHEREAS, the Duracell Corporation has offered to transfer the subject property to the Village
under certain terms and conditions and has otherwise indicated its interest in supporting the Village's
defined goals of enhancing recreational opportunities through the expansion of Barnhart Park onto
a portion of the site and in developing new recreational facilities on the combined properties (the
proposed action); 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 (DEC) dated June 14,1999, indicating the suitability
of this site for redevelopment; and
WHEREAS, the Village has reviewed an Environmental Assessment Form (EAF), Coastal
Assessment Form (CAF), preliminary traffic assessment and environmental risk analysis which
detail potential environmental issues; and
WHEREAS, on January 8, 2003, the Village of Sleepy Hollow Waterfront Advisory Committee
reviewed the proposed action for consistency with goals and policies contained in the Village's
LWRP document and did find and make a positive recommendation that the proposed action was
consistent with the LWRP; and
WHEREAS, on January 28,2003, the Mayor and Board of Trustees did hold a duly noticed work
session in the neighborhood where the proposed action is to take place and did provide an
opportunity for the public to speak and comment on the proposed action; and

�NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Village Board, after a review of the
proposed action does hereby declare that the proposed action under the State Environmental Quality
Review Act (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, based upon the information presented in the environmental record, the Village Board
does hereby declare that there will be no significant adverse impact resulting from the proposed
action; and be it further
RESOLVED, that the Village Board does hereby grant a negative declaration for the proposed
action, and does hereby direct the Village Administrator to circulate this notice to all appropriate
individuals.

MOVED BYErustee S t e v e r

SECONDED BY: T r u s t e e Z i e j a VOTE 7-.fl

F:\M\M-720 Sleepy Hollow\Barnhart ParkNduracell nd res wpd

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14-12-7 (2/87&gt;-9c

SEQR

617.21
Appendix F
State Environmental Quality Review
NEGATIVE DECLARATION

Project Number

Date February 11.2003

This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8
(State Environmental Quality Review Act) of the Environmental Conservation Law.

The Mayor and Board of Trustees of the Village of Sleepy Hollow, as lead agency, has determined that the
proposed action described below will not have a significant effect on the environment and a Draft
Environmental Impact Statement will not be prepared.

Name of Action: Transfer of 2.65 ± acres of real property to the Village of Sleepy Hollow, renovation and
expansion of existing recreation facilities.

SEQR Status:

Type 1
Unlisted

Conditioned Negative Declaration:

•
•

• Yes

• No
Description of Action: Transfer of 2.65 ± acres of real property known locally as the "old DaraceB
property" to the Village of Sleepy Hollow, said property to be used for th* eypamdon of Bamhart Park, a
Village recreation facility. Renovation and expansion of existing park facility.

i

�3??

I

SEQR Negative Declaration

Page 2

Reasons Supporting This Determination: The proposed action calls for the transfer of 2.65 ± acres of real
property known locally as the "old Dnracell property" from Duracell Industries, Inc. to the Village of
Sleepy Hollow. The transfer to the Village is proposed to further the Village's public policy regarding
recreational facilities as espoused in the Village's LWRP and Village-wide Recreational Study. The Village
Board, acting as the Lead Agency has reviewed Section 617.7(c) of the SEQRA regulations and has
determined that the transfer of the property and the expansion/renovation of Barnhart Park will not have
a significant adverse impact on the environment. The proposed action will not have a substantial adverse
change in existing air quality, ground or surface water quality or quantity, traffic or noise levels. There
will be no substantial removal of vegetation nor impairment of a Critical Environmental Area. The
proposed action is consistent with Village policy documents and would not impair the character or quality
of important historical, archeological, architectural or aesthetic resources. Prior use of the Duracell
property site as a manufacturer of batteries resulted in some limited environmental contamination of the
site. That issue has since been remediated to the satisfaction of the New York State Department of
Environmental Conservation.

If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed.
For Further Information:
Contact Person: Dwight Douglas, Village Administrator
Address: Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591
Telephone Number:

(914) 366-5100

For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice Sent to:
Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-0001.
Appropriate Regional Office of the Department of Environmental Conservation.
Office of the Chief Executive Officer of the political subdivision in which the action will be principally located.
Applicant (if any).
Other involved agencies (if any).

c:\wpwin6CWomw\ei 721 •F.WM

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0//.4C/

Appendix A
State Environments/ Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM

Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action
may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are
aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have
little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many
who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance.
The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination
process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or
action.
Full EAF Components: The full EAF is comprised of three parts:
Part 1 :
Provides objective data and information about a given project and its site. By identifying basic project
data, it assists a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2:
Focuses on identifying the range of possible impacts that may occur from a project or action. It
provides guidance as to whether an impact is iikely to be considered small to moderate or whether it is
a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced.
Part 3:
If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not
the impact is actually important.

DETERMINATION OF SIGNIFICANCE - Type 1 and Unlisted Actions
Identify the Portions of EAF completed for this project:

•

Part 1

•

Part 2

•

Part 3

Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting
information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead
agency that:
•

A.

The project will not result in any large and important impact(s) and, therefore, is one which will
not have a significant impact on the environment, therefore a negative declaration will be
prepared.

D

B.

Although the project could have a significant effect on the environment, there will not be a
significant effect for this Unlisted Action because the mitigation measures described in PART 3
have been required, therefore a CONDITIONED negative declaration will be prepared.*

•

C.

The project may result in one or more large and important impacts that may have a significant
impact on the environment, therefore a positive declaration will be prepared.

i

*A Conditioned Negative Declaration is only valid for Unlisted Actions
Barnhart Park Expansion and Recreational Facilities Development
Name of Action
Mavor and Board of Trustees
Name of Lead Agency

Philip gegaje||j
Print or Type Name of Responsible Officer in Lead Agency

Mayor
Title of Responsible Officer

Signature of Responsible Officer in Lead Agency

signature of Preparer (if different from responsible officer)

02/11/93
Date

II

�I

KAMI l-KKUJfcUl INt-UMMAIlUN

Prepared by Project Sponsor

NOTICE: This documentis designed to assist in detarmining whether the action proposed may nave a significant effect on the
environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the
application for approval and may be subject to further verification and public review. Provide any additional information you believe
will be needed to complete Parts 2 and 3.
It is expected that completion of the ful EAF wifl be dependent on information currently available and will not involve new studies,
research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance.

Name of Action
Barnhart Park Expansion and Recreational Facilities Development
Location of Action (include Street Address, Municipality and County)
Barnhart Avenue and Andrews Lane, Visage of Sleepy Hoiow, Westchester County
Business Telephone
(914)360-5100

Name of Applicant/Sponsor
Village of Sleepy Hollow
Address
28 Beekman Avenue
City/PO
Village of Sleepy Hollow

State
NY

I

Zip Code
10S91

Business Telephone
(212)421-2150

me of Owner (if different) for Ouracel Properties
racell Industries, Inc. c/o Daniel Riesel, Sive, Paget &amp; Riesel, P.C.

Address
460 Park Avenue
City/PO New York

Zip Code 10022

State: NY

Description of Action: Transfer of 2.65 ± acres of real property to the W a g e of Sleepy Hollow, rehabilitation and expansion of
existing park, construction of new recreational faculties.
Please Complete Each Question Indicate N-A. if not appfcable

A. SITE DESCRIPTION
Physical setting of overall project, both developed and undeveloped areas.
1.

Present land use:

• Urban O Industrial

D Commercial

D Residential (suburban) D Rural (non-farm)

O Forest D Agriculture • Other park, vacant
2. Total acreage of project area:

±6.31

acres.

APPROXIMATE ACREAGE

PRESENTLY

Meadow or Brushland (Non-agricultural)
acres
Forested
±0.26 acres
Agricultural (Includes orchards, cropland, pasture, etc.)
acres
Wetland(Freshwater or tidal as per Articles 24,25 of ECU
acres
Water Surface Area
acres
Unvegetated (Rock, earth ot
fiM)
acres
Roads, buildings and other paved surfaces
±2.1
acres
Other (Indicate type) Landscaped area and
± 3 . 9 6 acres
reclaimed Duracal site
What is predominant soil type(s) on project site?
Urban land-Riverhead complex (UvB)

I

a. Soil drainage: • Well drained
D Pooriy drained

100 .% of site
% of site

AFTER COMPLETION
±0.25

*4,70
*1t?9

acres
acres
acres
acres
acres
.acres
.acres
.acres

% of site

O Moderately well drained

b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land
Classification System?
NA
acres (Sea 1 NYCRR 370).

• No

4. Are there bedrock outcroppings on project site?
D Yea
a. What is depth to bedrock?
Greater than five feet
5. Approximate percentage of proposed project site with slopes:

(in feet)
• 0*10%
85 %
»16%o#grsater__i

2

•10-15%.

.%

1SL

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w. 10 piwjcui ouuaiaMnany uuiiotjuuiis IU, oi cunuiin a Duiiaing, sue, or aisxnct, nstea on tne state or the National Registers of Hi:
Places?
O Yes • No
7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks?
8. What is the depth of the water table?
9.

Greater than six feet

D Yes

• No

(in feet)

Is site located over a primary, principal, or sole source aquifer?

• Yes

• No

10. Do hunting, fishing or shell fishing opportunities presently exist in the project area?

D Yes

• No

1 1 . Does project site contain any species of plant or animal life that is identified as threatened or endangered?
• Yes • No
According to
Village of Sleepy Hollow LWRP
Identify each species

___

12. Are there any unique or unusual land forms on the project site?(i.e., cliffs, dunes, other geological formations)
• Yes • No
Describe

13. Is the project site presently used by the community or neighborhood as an open space or recreation area?
• Yes • No
If yes, explain Portion of project site is existing village park
14. Does the present site include scenic views known to be important to the community?
• Yes D No
15. Streams within or contiguous to project area:
NA,
a. Name of Stream and name of River to which it is tributary

H
M

16. Lakes, ponds, wetland areas within or contiguous to project area:
a. Name
NA

b. Size (In acres)

17. Is the site served by existing public utilities?
• Yes
• No
a) If Yes, does sufficient capacity exist to allow connection?
• Yes
b) If Yes, will improvements be necessary to allow connection?
• Yes

D No
• No

18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA,
Section 303 and 304?
D Yes • No
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL,
and 6 NYCRR 617?
• Yes • No (Hudson River and shoreline CEA)
20. Has the site ever been used for the disposal of solid or hazardous wastes?

• Yes

• No

(Note-Site previously
contaminated with hazardous
material. Site has since been
remediated.)

6. Project Description
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor
±3.66
acres.
b. Project acreage to be developed:
±6.31
acres initially;
±6.31
acres ultimately.
c. Project acreage to remain undeveloped
0
acres.
d. Length of project, in miles:
NA
(if appropriate).
e. If the project is an expansion, indicate percent of expansion proposed
±72
%.
f. Number of off-street parking spaces existing
0
; proposed
±130
g. Maximum vehicular trips generated per hour
±56
(upon completion of project). (ITE, 61* ed.
h. If residential, Number and type of housing units: NA
One Family

Two Family

Multiple Family

i
Land use- City Park)

Condominium

Initially
Ultimately

«—_________

i. Dimensions (in feet) of largest proposed structure
TBD
height;
TBD
width;
j . Linear feet of frontage along a public thoroughfare project will occupy is? ± 660
ft.

3

'i* "Pi PPP

TBD

length,

�Y©3

H

now iiiuun iiaiuiai material u.e., rocK, eann, eic.f win oe removea Trom ine sitef
anticipated to be balanced on-site.)

u

tons/cuDic yards. (Cuts and tills

3. Will disturbed areas be reclaimed?
• Yes D No
D N/A
a. If yes, for what intended purpose is the site being reclaimed?
Development of new recreational facilities
b. Will topsoil be stockpiled for reclamation? • Yes D No
c. Will upper subsoil be stockpiled for reclamation?
• Yes D No
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site?

acres, (includes remediated
Duracell property)
5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?
D Yes
• No

6. If single phase project: Anticipated period of construction

6

months, (including demolition).

7. If multi-phased:
a. Total number of phases anticipated
NA
(number).
b. Anticipated date of commencement phase 1
month
c. Approximate completion date of final phase
month
d. Is phase 1 functionally dependent on subsequent phases?
8. Will blasting occur during construction?
9.

D Yes

Number of jobs generated: during construction?

j ^ Number of jobs eliminated by this project?

± 1.72

year,(including demolition).
year.
D Yes • No

• No

±12

: after project is complete?

±2

0

^M Will project require relocation of any projects or facilities?

D Yes

• No

If yes, explain

12. Is surface liquid waste disposal involved?
• Yes • No
a. If yes, indicate type of waste (sewage, industrial, etc.) and amount
b. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste disposal involved?

D Yes

• No

Type

14. Will surface area of an existing water body increase or decrease by proposal?
Explain

D Yes

15. Is project, or any portion of project, located in a 100 year flood plain?

• No

D Yes

• No

16. Will the project generate solid waste?
• Yes D No
a. If yes, what is the amount per month?
&lt;1
tons.
b. If yes, will an existing solid waste facility be used?
• Yes a No
c. If yes, give name
Charles Point Resource Recovery Facility or other licensed land disposal facility; location Peekskill. NY
d. Will any wastes not go into a sewage disposal system or into a sanitary landfill?
• Yes D No
e. If Yes, explain
Recvclables
17. Will the project involve the disposal of solid waste?
• Yes • No
a. If yes, what is the anticipated rate of disposal?
tons/month.
b. If yes, what is the anticipated site life?
years.
Will project use herbicides or pesticides?

(

• Yes

D No

(Typical use for maintenance of parkland.)

Will project routinely produce odors (more than one hour per day)?
D Yes
Will project produce operating noise exceeding the local ambient noise levels?
2 1 . Will project result in an increase in energy use?
D Yes • No
If yes, indicate type(s)
22. If water supply is from wells, indicate pumping capacity
23. Total anticipated water usage per day

±2.500

NA

• No
D Yes

• No

gallons/minute.

gallons/day.

24. Does project involve Local, State or Federal funding?
• Yes D No
If yes, explain
Funding from New York State, possible funding from Westchester County

4

�Hoi

Type
City, Town, Village Board

• Yes

D No

Funding

City, Town, Village Planning Board

• Yes

• No

Site plan approval

City, Town Zoning Board

• Yes

D No

City, County Health Department

D Yes

D No

Other Local Agencies

• Yes

D No

Other Regional Agencies

D Yes

• No

State Agencies

• Yes

D No

D Yes

D No

(DEC)

Federal Agencies

I

Submittal
Date

£.&amp;. Approvws tceojuivso:

Site plan review

C. ZONING and PLANNING INFORMATION
1.

Does proposed action involve a planning or zoning decision?
• Yes D No
If Yes, indicate decision required:
D zoning amendment
d zoning variance
• special use permit
D subdivision
D new/revision of master plan
• resource management plan
D other

2 . What » t h e zoning classhlcation(s) of the site?

R5 - Multiple residence/Moderate density

site plan

I

P - Park

3 . What is the maximum potential development of the site if developed as permitted by the present zoning?
NA
A.

What a the proposed zoning of the site?

Same as existing

5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
Same as existing
6.

Is the proposed action consistent with the recommended uses in adopted local land use plans?

Yes

O No

7 . What are the predominant land use(s) and zoning classifications within a 1 /4 mile radius of proposed action?
Land Use: Residential, commercial, park, municipal, institutional, vacant Zoning:C2-General commercial. RF-Riverfront
Development District. R4A-One and two family residence/Neighborhood commercial
8.

b the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile?

9 . If the proposed action is the subdivision of land, how many lots are proposed?
a. What is the minimum lot size proposed?

Yes

O No

D Yes

• No

NA

10. WW proposed action require any authorization(s) for the formation of sewer or water districts?

1 1 . WW the proposed action create a demand for any community provided services (recreation, education, police,
fire protection)?
O Yes • No
a. If yes, is existing capacity sufficient to handle projected demand?
D Yes
D No
12. WW the proposed action result in the generation of traffic significantly above present levels?
a. H yes, is the existing road network adequate to handle the additional traffic?

D Yes
• Yes

• No
D No

D. Informational Details

l

Attach any additional information as may be needed to clarify your project. If there are, or may be, any adverse impacts associated
with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them.

E. Verification
I certify that the information provided above is true to the best of my knowledge.
Applicant/Spoalo?| Napjs T ^
flavor and Board of Trustees

Date

Signature
if ihe

imzzsmmssmmsL

jsmim.

Area, and you era a state agency, complete the Coastal Assessment Form before proceeding with this

5

�Vol

i

Part 2 - PROJECT IMPACTS AND THBR MAGNITUDE

Respensftsjty of Lead Agency
General Information (Read Carefuty)
•
In completing the form, the reviewer should be guided by the question: Have my responses and determinations been
reasonable? The reviewer is not expected to be an expert envaoianantal analyst.
•
The Examples provided are to assist the reviewer by allowing types of impacts and, wlietever possible, the threshold of
magnitude that would trigger a response in column 2. The exjlnple* are generaty appecabto throughout the State and
for most situations. But, for any specific project or site other ejuaixjle* and/or lower thresholds may be appropriate for
a Potential Large Impact response, thus requiring evaluation in Part 3.
•
The impacts of each project, on each site, in each locafty, wsl vary. Therefore, the examples are Hhjstrative and have
been offered as guidance. They do not constitute an exhaustive fst of impacts and thresholds to answer each
question.
•
The number of examples per question does not aidkate the importance of each question.
•
In identifying impacts, consider long term, short term and cumulative effects.

Instructions (Read carefully)
a. Answer each of the 20 questions in PART 2. Answer Yea if there wsl be any impact.
b. Maybe answers should be considered we Yea answers.
c. If answering Yes to a question then check the appropriate boxlcofumn 1 or 2|to aidkate the potential size of the impact.
If impact threshold equals or exceeds any example provided, check column 2. If impact wsl occur, but threshold is lower
than example, check column 1.
d. Identifying that an Impact wiU be potentiafy large (column 2) doe* not mean that it is also necessarily significant. Any
large impact must be evaluated in PART 3 to detewnioe significance. Idersjfying an impact in column 2 simply asks that
it be looked at further.
e. If reviewer has doubt about sue of the impact, then consider the impact as potantialy large and proceed to PART 3.
f. If a potentially large impact checked in column 2 can be mitigated by changefsl in the protect to a small to moderate
impact, also check the Yes box in column 3. A Mo retpnme inrir&lt;alrs that such a reduction is not possible. This must
be explained in Part 3.

I

IMPACT ON LAND

Smaito
Moderate
Impact

2
Potential
Large
Impact

Can Impact be
Mitigated by
Project Change

1. Will the proposed action result in a physical change to the
project site?
• Yes O No
Examples that would apply to column 2
• Any construction on slopes of 15% or greater,(15 foot rise per
100 foot of length), or where the general slopes in the project
area exceed 10%.
• Construction on land where the depth to the water table is less
than 3 feet.
• Construction of paved parking area for 1,000 or more vehicles.
• Construction on land where bedrock is exposed or generaty
within 3 feet of existing ground surface.
• Construction that will continue for more than 1 year or involve
more than one phase or stage.
• Excavation for mining purposes that would remove more than
1,000 tons of natural material (i.e., rock or soilper year.
• Construction or expansion of a sanitary landhl.
• Construction in a designated fioodway.
• Other impacts: site disturbance and impervious surface related
to nark improvements

I

2. Will there be an effect to any unique or unusual land forms
found on the site?(i.e., cliffs, dunes, gentogral formations,
etc.)
D Yes si No
a Specific land forms:

a

O Yes D No

O Yes O No

a
a
a

a
a

O Yes O No
O Yes a No

a

a

O Yes D No

a

a

O Yes D No

a
a

o
a
a

O Yes a No
O Yea O No
D Yes D No

o

D Yea D No

�Small to
Moderate
Impact

2
Potential
Large
Impact

D

•

I
Can Impact be
Mitigated By

Project Change

IMPACT ON WATER
3. Will proposed action affect any water body designated as protected?
(Under Articles 15, 24, 25 of the Environmental Conservation Law, ECU
D Yes • No
Examples that would apply to column 2
• Developable area of site contains a protected water body.
• Dredging more than 100 cubic yards of material from channel of a protected
stream.
• Extension of utility distribution facilities through a protected water body.
• Construction in a designated freshwater or tidal wetland.
• Other impacts:

4. Will proposed action affect any non-protected existing or new body of
water?
D Yes • No
Examples that would apply to column 2
• A 10% increase or decrease in the surface area of any body of water or
more than a 10 acre increase or decrease.
• Construction of a body of water that exceeds 10 acres of surface area.
• Other impacts:

5. Will Proposed Action affect surface or groundwater quality or quantity?
D Yes • No
Examples that would apply to column 2
• Proposed Action will require a discharge permit.
• Proposed Action requires use of a source of water that does not have
approval to serve proposed (project) action.
• Proposed Action requires water supply from wells with greater than 45
gallons per minute pumping capacity.
• Construction or operation causing any contamination of a water supply
system.
• Proposed Action will adversely affect groundwater.
• Liquid effluent will be conveyed off the site to facilities which presently do
not exist or have inadequate capacity.
• Proposed Action would use water in excess of 20,000 gallons per day.
• Proposed Action will likely cause siltation or other discharge into an existing
body of water to the extent that there will be an obvious visual contrast to
natural conditions.
• Proposed Action will require the storage of petroleum or chemical products
greater than 1,100 gallons.
• Proposed Action will allow residential uses in areas without water and/or
sewer services.
• Proposed Action locates commercial and/or industrial uses which may
require new or expansion of existing waste treatment and/or storage
facilities.
• Other impacts:

6. Will proposed action alter drainage flow or patterns, or surface
water runoff?
• Yes • No
Examples that would apply to column 2
• Proposed Action would change flood water flows.

7

•

D
D
D

D
D

•

D

D
O

• Yes • No
D Yes D No
• Yes D No
• Yes D No
• Yes D No

• Yes D No

•
D

D Yes • No
D Yes Q No

a
a

D
D

D Yes D No
D Yes D No

a

D

D Yes O No

D

D

D Yes D No

a

D

D

a

D Yes D No
D Yes D No

a
a

D
O

D Yes D No
D Yes a No

a

a

D Yes D No

D

a

D Yes D No

a

D

a Yes O No

•

O Yes D No

Q Yet a No

II

�Wl

I
•
•
•
•

Proposed Action may cause substantial erosion.
Proposed Action is incompatible with existing drainage patterns.
Proposed Action will allow development in a designated floodway.
Other impacts:

1
Small to
Moderate
Impact

2
Potential
Large
Impact

D
D
D
D

D
D
D
D

DYes
DYes
DYes
DYes

D

D

D Yes D No

D

D

D Yes D No

D

D

D Yes D No

D

D

D Yes D No

D

D

D Yes D No

D

D

D Yes D No

D

D Yes D No

D
D

D
D

D Yes D No
D Yes D No

D

D

D Yes G No

D

D

D Yes D No

D

D

D Yes D No

D

DYes DNo

Can Impact Be
Mitigated By
Project Change
DNo
DNo
DNo
DNo

IMPACT ON AIR
No
Will proposed action affect air quality? D Yes
Examples that would apply to column 2
Proposed Action will induce 1,000 or more vehicle trips in any given
hour.
Proposed Action will result in the incineration of more than 1 ton of
refuse per hour.
Emission rate of total contaminants will exceed 5 lbs. per hour or a
heat source producing more than 10 million BTU's per hour.
Proposed action will allow an increase in the amount of land
committed to industrial use.
Proposed Action will allow an increase in the density of industrial
development within existing industrial areas.
Other impacts:

I

IMPACT ON PLANTS AND ANIMALS
8. Will Proposed Action affect any threatened or endangered species?
D Yes • No
Examples that would apply to column 2
• Reduction of one or more species listed on the New York or Federal
list, using the site, over or near site, or found on the site.
• Removal of any portion of a critical or significant wildlife habitat.
• Application of pesticide or herbicide more than twice a year, other than
for agricultural purposes.
• Other impacts:

I

Will Proposed Action substantially affect non-threatened or nonendangered species?
D Yes • No
Examples that would apply to column 2
Proposed Action would substantially interfere with any resident or
migratory fish, shellfish or wildlife species.
Proposed Action requires the removal of more than 10 acres of mature
forest (over 100 years of age) or other locally important vegetation.

IMPACT ON AGRICULTURAL LAND RESOURCES

10. Will the Proposed Action affect agricultural land resources?
D Yes • No
Examples that would apply to column 2
• The proposed action would sever, cross or limit access to agricultural
land (includes cropland, hayfields, pasture, vineyard, orchard, etc.)

8

�n

Small to
Moderate
Impact
Construction activity would excavate or compact the soil profile of agricultural
land.
The proposed action would irreversibly convert more than 10 acres of
agricultural land or if located in an Agricultural District, more than 2.5 acres of
agricultural land.
The proposed action would disrupt or prevent installation of agricultural land
management systems (e.g.,subsurface drain lines, outlet ditches, strip cropping);
or create a need for such measures (e.g., cause a farm field to drain poorly due
to increased runoff).
Other impacts:

D

•

2
Potential
Large
Impact

i
Can Impact Be
Mitigated By
Project Change
• Yes D No

•
•

D Yes D No

•

D Yes D No

D

D Yes D No

IMPACT ON AESTHETIC RESOURCES
1 1 . Will proposed action affect aesthetic resources? • Yes
• No
(if necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.)
Examples that would apply to column 2
• Proposed land uses, or project components obviously different from, or in sharp
contrast to current surrounding land use patterns, whether man-made or natural.
• Proposed land uses, or project components visible to users of aesthetic
resources which will eliminate, or significantly reduce, their enjoyment of the
aesthetic qualities of that resource.
• Project components that will result in the elimination, or significant screening, of
scenic views known to be important to the area.
• Other impacts:

I

D

a

D Yes D N

D

•

D Yes D No

D

•

O Yes D No

•

D

O Yes D No

D

D

O Yes D No

D
D

D
D

D Yes D No
D Yes D No

D

D

D Yes D No

IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12. Will Proposed Action impact any site or structure of historic, pre-historic or
paleontological importance?
D Yes • No
Examples that would apply to column 2
• Proposed Action occurring wholly or partially within or substantially contiguous
to any facility or site listed on the State or National Register of historic places.
• Any impact to an archaeological site or fossil bed located within the project site.
• Proposed Action will occur in an area designated as sensitive for archaeological
sites on the NYS Site Inventory.
• Other impacts:

IMPACT ON OPEN SPACE AND RECREATION
13. Will proposed Action affect the quantity or quality of existing or future open
spaces or recreational opportunities?
• Yes
D No
Examples that would apply to column 2
• The permanent foreclosure of a future recreational opportunity.
• A major reduction of an open space important to the community.
• Other impacts: Action will create positive impact, with increase in the quantity
and quality of recreational opportunities.

9

D
D

a

•

I

O Yes D No
a Yes D No
D Yes D No

"

�Lfo9

i

1
Small to
Moderate
Impact

Can Impact Be
Mitigated By
Project Change

IMPACT ON CRITICAL ENVIRONMENTAL AREAS
14. Will Proposed Action impact the exceptional or unique
characteristics of a critical environmental area (CEA) established
pursuant to subdivision 6 NYCRR 617.14(g)?
• Yes D No
List the environmental characteristics that caused the designation
of the CEA.
Hudson River

i

Examples that would apply to column 2
• Proposed Action to locate within the CEA?
• Proposed Action will result in a reduction in the quantity of the
resource?
• Proposed Action will result in a reduction in the quality of the
resource?
• Proposed Action will impact the use, function or enjoyment of the
resource?
• Other impacts:

D

D
D

DYes
DYes

DNo
DNo

D

D

DYes

DNo

•

D

DYes

DNo

•

D

DYes

DNo

D
D
D

D
D
D

DYes
DYes
DYes

DNo
DNo
DNo

D

a

D Yes

D No

D

a

D Yes

D No

IMPACT ON TRANSPORTATION
15. Will there be an effect to existing transportation systems?
D Yes • No
Examples that would apply to column 2
• Alteration of present patterns of movement of people and/or goods.
• Proposed Action will result in major traffic problems.
• Other impacts:

IMPACT ON ENERGY
16. Will proposed action affect the community's sources of fuel or
nergy supply?
• Yes • No
Examples that would apply to column 2
Proposed Action will cause a greater than 5% increase in the use of
any form of energy in the municipality.
Proposed Action will require the creation or extension of an energy
transmission or supply system to serve more than 50 single or two
family residences or to serve a major commercial or industrial use.
Other impacts:

l

10

r, - "

n

DYes

DNo

�NOISE AND ODOR IMPACTS
17. Will there be objectionable odors, noise, or vibration as a result of
the Proposed Action?
D Yes • No
Examples that would apply to column 2
• Blasting within 1,500 feet of a hospital, school or other sensitive
facility.
• Odors will occur routinely (more than one hour per day).
• Proposed Action will produce operating noise exceeding the local
ambient noise levels for noise outside of structures.
• Proposed Action will remove natural barriers that would act as a
noise screen.
• Other impacts:

1
Small To
Moderate
Impact

2
Potential
Large
Impact

•
•

D

D Yes

• No

Can Impact Be
Mitigated By
Project Change

D

D

•

D Yes
D Yes

D No
• No

•

•

• Yes

• No

D

D

D Yes

D No

D Yes

• No

•

• Yes

D No

D

D Yes

D No

•

D Yes

O No

•

•

D Yes

D No

D

D

DYes

D No

D

D

a Yes

D No

D
D

o

DYes
DYes
DYes

D No
DNo
DNo

DYes

D No

DYes
DYes
DYes

DNo
DNo
DNo

IMPACT ON PUBLIC HEALTH
18. Will Proposed Action affect public health and safety?
D Yes • No
Examples that would apply to column 2
• Proposed Action may cause a risk of explosion or release of
hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.)
in the event of accident or upset conditions, or there may be a
chronic low level discharge or emission.
• Proposed Action may result in the burial of "hazardous wastes" in
any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating,
infectious, etc.).
• Storage facilities for one million or more gallons of liquified natural
gas or other flammable liquids.
• Proposed action may result in the excavation or other disturbance
within 2,000 feet of a site used for the disposal of solid or hazardous
waste.
• Other impacts:

D

•
•

II

IMPACT ON GROWTH AND CHARACTER
OF COMMUNITY OR NEIGHBORHOOD
19. Will proposed action affect the character of the existing
community?
D Yes • No
Examples that would apply to column 2
• The permanent population of the city, town or village in which the
project is located is likely to grow by more than 5%.
• The municipal budget for capital expenditures or operating services
will increase by more than 5% per year as a result of this project.
• Proposed Action will conflict with officially adopted plans or goals.
• Proposed Action will cause a change in the density of land use.
• Proposed Action will replace or eliminate existing facilities, structures
or areas of historic importance to the community.
• Development will create a demand for additional community services
(e.g. schools, police and fire, etc.).
• Proposed Action will set an important precedent for future projects.
• Proposed Action will create or eliminate employment.
• Other impacts:

•

O
D
D

O

a

a
D

•

20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts?

D Yes

II

• No

If any action in Part 2 Is identified as a potential large impact, or if you cannot determine the magnitude of impact, proceed to
Part 3.

11

�Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS
Responsibility of Lead Agency
Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated.
Instructions
Discuss the following for each impact identified in column 2 of Part 2:
1. Briefly describe the impact.
2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s).
3. Based on the information available, decide if it is reasonable to conclude that this impact is important.
To answer the question of importance, consider:
• The probability of the impact occurring
• The duration of the impact
• Its irreversibility, including permanently lost resources of value
• Whether the impact can or will be controlled
• The regional consequence of the impact
• Its potential divergence from local needs and goals
Whether known objections to the project relate to this impact.

I

(Continue on attachments)

F:\M\M-720 Sleepy Hollow\Barnhart Park\EAF.wpd

I
12

�EmilWNMENTAL ASSESSMENT FORM

FARTDl

1,
Jht proposed action eafeformedfetiMbenee of approximately 6 acres of the project site
to construct w w f l a g and caqpMBo^tlaJbaitale existing recreation facilities.
Weadhesfter County Best MMMi&amp;fmirnI Practices will be employed during construction to

13.
The proposed action mfll w if, \trihBiti an important viewshed from the Park to the Hudson

vabee.
14.
Tbe proposed :actm
The proposed
action Ins been reviewed by tne VHbge's Waterfront Advisory Committee and received a
Wl^esLWRP.

A.

F:\MVM-720 Ste^y«Bttw^wto«»Ntt»mBiiwrtiwii iqpll

�V/3

i
Westchester County Land Legacy
Active Recreation Project
Barnhart Park
Preliminary Traffic Assessment
Introduction
The Barnhart Park expansion project consists of approximately 6.3 acres located in the InnerVillage portion of the Village of Sleepy Hollow, New York. The project acreage includes 2.8
acres of existing parkland, 0.85 acres of other Village-owned land, and 2.65 acres that are being
donated to the Village by the Gillette Company. The existing park includes active recreation
facilities such as tennis, volleyball, and basketball courts, and children's playground equipment,
although much of the equipment is in a poor state of disrepair. The proposed expansion and
rehabilitation of Barnhart Park calls for the creation of an in-line skating rink, two basketball
courts, three volleyball courts and a 130± space parking area.
The park currently has access from Andrews Lane and Barnhart Avenue. The Inner-Village area
contains over 2/3 of the Village population, and nearly all of it is within easy walking distance of
the park. Public transportation is also available, with stops for Westchester County's Bee Line
bus #13 located on Beekman Avenue. Due to the distribution of the Village population and
County bus service, the project site is highly pedestrian and transit accessible. As a result, it is
anticipated that a significant number of visitors to the park will not utilize private automobiles.
Trip Generation
The primary use of the Barnhart Park Facility will be for Village sponsored organization play,
which would occur primarily on weekends.
Due to the nature and timing of the anticipated activity, not all participants and spectators will
arrive or depart at the same time. In addition, since most games are for youths, few trips are
expected to be single-occupant vehicles. Recreation Department estimates suggest that less than
50 spectators may be expected per game, with youth games lasting slightly less than one hour.
Including 20 youth players per game, the in-line facility is therefore expected to draw a
maximum of 70 visitors per game. With game lengths slightly under one hour, traffic generated
by two games could potentially use the roadway network during an hour. Assuming all visitors
arrive by automobile, and an average automobile occupancy of 2.5 persons per vehicle,
approximately 56 new vehicle trips per hour (28 arrivals, 28 departures) would be generated by
the new recreation facilities. However, due to the location of the field and the population
distribution in Sleepy Hollow, a proportion of visitors could be expected to come from the InnerVillage and arrive on foot. Conservatively, if 15 percent of visitors walked to the park, the
anticipated new vehicle trips generated would be 48 (24 arrivals, 24 departures).
Impact on Local Roadway Network
It is expected that most automobile trips to Barnhart Park will access the area via Beekman

„

• •-«

�Avenue, with Andrews Lane providing direct access into and out of the proposed parking area.
Most of these automobile trips will occur during off-peak weekend hours. To assess the potential
for traffic impacts as a result of this project, existing traffic conditions were extracted from the
Ichabod's Landing DEIS, submitted to the Village of Sleepy Hollow in May 2002.
The Ichabod's Landing DEIS studied 10 intersections, two of which are located in proximity to
the Beekman Avenue/Andrews Lane intersection serving the site. These two intersections are
Beekman Avenue/Clinton Street, and Beekman Avenue/Cortland Street, located 400 and 700 feet
away, respectively, from the Beekman Avenue/Andrews Lane intersection which will serve as
the primary entranceway to the park. Since the Beekman Avenue/Andrews Lane intersection is
located directly between the two studied intersections, it is expected to experience a similar level
of service.
Both the observed 2001 and projected 2003 service levels for all turning movements at the
Clinton and Cortland Street intersections were at Levels of Service A or B.1 These Levels of
Service reflect excellent traffic conditions, while a C Level of Service is generally accepted as a
design standard. The heaviest projected traffic levels for the studied intersections occurred
during the Weekday PM peak hour. At this hour, the Clinton Street intersection in 2003 is
expected to accommodate 388 vehicles and operate at a Level of Service of B or better. The
2003 Cortland Street intersection is expected to accommodate 639 vehicles and maintain a Level
of Service B or better. Saturday peaks for these intersections are 291 and 566 vehicles with a
Level of Service B or better for both.
The estimated increase in site-generated traffic is not expected to have a significant impact on
levels of service, since new vehicle trips will occur primarily during off-peak weekend hours.
Even assuming all visitors arrive by private automobile (56 vehicle trips/hour; a conservative
estimate due to pedestrian and mass transit accessibility), and full volume distribution to an
intersection, total traffic volumes would still be lower than the weekday peak volumes, when
intersections operate at a Level of Service B or better. Therefore, no substantial degradation in
traffic conditions is anticipated.
Parking
Parking demand for the facility is expected to peak during the changeover period when one game
is concluding and another is set to begin. As detailed in the trip generation section, an estimated
70 visitors (spectators and players) are expected per game. During the changeover period,
vehicles for two games could potentially share the parking lot for a short period. The proposed
site plan includes ±130 new parking spaces and 27 existing spaces, which is more than adequate
to accommodate the 56 vehicles anticipated for two overlapping games, and other recreation
related uses.2

'Level of Service is terminology used by the Transportation Research Board to identify traffic flow
conditions, with A representing the best condition and F the worst. In order to identify Level of Service, the average
amount of vehicle delay is computed for each movement to the intersection, as well as for the overall intersection.
2

Parking. Robert Weant and Herbert Levinson, 1990, p. 121.

�Conclusion
The Bamhart Park expansion is expected to result in a relatively small increase in the number of
vehicle trips. However, even using conservative estimates, there is sufficient roadway capacity
to accommodate this increase. In addition, an adequate number of parking spaces has been
included in the site plan to satisfy the increased demand for parking.

�January 31,2003
5518301
Mr. Dwight Douglas
Administrator
Village of Sleepy Hollow
28 Beekman Avenue
Sleepy Hollow, New York 10591
Re:

Environmental Risk Analysis
Former Duracell Property
North Tarrytown, New York

Dear Mr. Douglas:
Langan Engineering and Environmental Services, PC (Langan) has reviewed reports,
correspondence and other documents related to the environmental cleanup conducted pursuant
to Consent Order No. W3-0150-8711 between NYSDEC and Duracell Inc. at the Duracell Inc.
(NYSDEC Site No. 3-60-011) facility located in North Tarrytown, New York. The objectives of this
undertaking are defined in the Contract between the Village of Sleepy Hollow and Langan and
include evaluation of remedial actions, applicable regulations and future risk.
The documents (Attachment 1) were provided by Sive, Padget &amp; Reisel (Dan Reisel, Esq.) and
Duracell Inc. (Mr. Victor Miles, Group Manager of Environmental, Health &amp; Safety). Langan's
scope of services included review of those documents and discussions with knowledgeable
Duracell Corporation representatives.
EXECUTIVE SUMMARY
The Duracell facility consists of a 1.64 acre rectangular shaped property at 60 Elm Street that
was used for battery manufacturing and a 1.01 acre, quarter circle shaped property used for
parking. The Parking Lot is located west of the Elm Street manufacturing facility, across Andrews
Lane. A USGS map showing the property location is provided. In addition to the Duracell facility,
the reports and correspondence also describe remedial activities conducted by Duracell at off-site
residences. The off-site remedial activities are beyond the scope of this report

�Mr. Owight Douglas
January 31,2003
Page 2 of 2

A summary of Langan's conclusions and recommendations is presented below:
1. NYSDEC has certified, without conditions, that the remedial activities conducted met the
terms of the Consent Order, require no further action and the property may be developed with
no restrictions on future use. Langan agrees that the activities met the terms of the Consent
Order but does not agree that development should be considered with no restrictions.
Other than the locations and depths of clean, imported fill, the former manufacturing site and
the parking lot contain soil and/or demolition debris with mercury concentrations above
current NYSDEC cleanup objectives. Although covered by clean soil or paving, intrusion into
the subsurface requires proper health and safety precautions to protect construction workers
and the general public, and proper disposition of any excavated material at an appropriately
permitted disposal or recycling facility.
2. Groundwater quality impact was not assessed. The potential for discovery of currently
unknown pollution conditions in the groundwater exists due to former waste disposal activities
(disposal pit), possible spills from the boiler room (black fill material) and elevated mercury
concentrations in the soil. A finding of groundwater contamination downgradient may result
in NYSDEC requiring additional investigations at the sites. However, since there is no intent
of human consumption or use of site groundwater (potable water is provided by the New York
City surface water supplies) and groundwater is sufficiently below the surface such that there
is no likelihood of human contact, we do not recommend any action.
3. There is no development scenario without some risk of exposure due to subsurface intrusion.
The minimal risk use of the manufacturing site is a landscaped parking lot Some subsurface
intrusion will be required to provide a stable subsurface and to plant trees. The extent of
intrusion will be based on engineering needs and determined through a geotechnical
investigation. Buried debris may have to be excavated or stabilized (injection of grouting
material) to provide a stable, compact subsurface. Langan recommends a limited
geotechnical investigation (test pits) to determine parking lot foundation requirements. In
addition, upon completion of plans for development, Langan recommends a soil investigation
in locations where excavation will be required for foundations, utility trenches, landscaping,
etc. to determine specific health and safety measures and disposal requirements.
The following sections contain discussions of site activities from the closure of the Hazardous
Waste Storage Facility in 1988 through closure and demolition of the manufacturing facilities in
1990 and additional investigations and soil removals through 1993, and conclusions and
recommendations related to project objectives.

SUMMARY OF REMEDIATION ACTIVITIES
Background
Battery manufacturing at the former Duracell facility started around 1945. There is no other
historical information in the file. No documents were found indicating a more intensive historical
search was conducted (aerial photos, insurance maps, fire department records, etc.).

�Mr. Dwight Douglas
January 31,2003
Page 3 of 3

The Duracell facility produced Lithium-S02 and Lithium solid cell batteries since the 1970's.
There is no discussion regarding the use of mercury. Production did not generate process
wastewater and was classified as a non-significant industrial user. Domestic and non-contact
cooling water was discharged to the sanitary sewer along with wash water from the buildings.
Solid and liquid wastes including batteries, lithium metal, alcohol, mineral spirits, electrolyte
solution, freon still bottoms, oil and scrubber blowdown, were drummed and disposed of off site.
Some of these wastes were found buried on site and were removed and disposed during
remedial activities.
Land use surrounding the former Duracell battery manufacturing facility is residential to the north,
east, south and southwest West of the facility is a public park and further west and northwest is
a large property that was the site of a General Motors assembly plant. Approximately 500 feet
west is the Metro North railroad, running north/south and approximately 1,500 feet west is the
Hudson River. The elevation of the property ranges from 60. to 70 feet above mean sea level.
The topography of the site is sloped gently to the north but approximately 100 feet to the north,
drops steeply to river basin. Groundwater underlying the site was not encountered during
remedial work and is therefore at least 22 feet below ground surface. Based on site topography,
groundwater is presumed to flow west to northwest towards the Hudson River.
Potable water is provided by surface water sources further north. There are no public or private
drinking water wells downgradient of the site.
Consent Order
Duracell Inc. and NYSDEC finalized Consent Order W3-0160-8711 on April 5, 1988.
The
Consent Order includes a Work Plan for closing the Duracell Inc. facility. The Work Plan
specifies the mercury remediation criteria (35 to 45 mg/kg) for soil up to a depth of 10 feet below
ground surface. No remediation was required below 10 feet. In our opinion, Duracell has
complied with all aspects of the Consent Order.
The remediation criteria were developed through a risk assessment by Environ, a consultant
retained by Duracell. At that time, no specific remediation criteria for mercury existed. The
Consent Order states that the Westchester County Department of Health also agreed that the
conditions did not pose a threat to public health.
NYSDEC may reopen the case if they find that the cleanup criteria were not sufficiently protective
of health or if currently unknown contamination conditions are found. The former condition will
not likely effect the manufacturing site or the parking lot, since elevated concentrations of mercury
are below the surface and will be contained, for the most part, under asphalt or concrete
structures.
Investigation and Remediation
October 1987 Work Plan for Closing the Duracell Inc. Facility. This Work Plan specified the tasks
involved in closing the facility and included decontamination of the buildings, closure of the
hazardous waste storage facility, demolition and disposal of plant buildings and equipment
removal of contaminated soil in excess of the remediation criteria and removal of contaminated
soil from adjacent properties. This Work Plan includes the mercury remediation criteria and was
incorporated into the Consent Order. The Hazardous Waste Facility Closure Plan is the only
document reviewed that contained information regarding plant operations and facilities.
December 1988 Hazardous Waste Storage Facility Closure Report. The Hazardous Waste
Facility Closure Plan was approved in 1987. Eder Associates (EA) was retained by Duracell to

�Mr. Dwkjht Douglas
January 31,2003
Page 4 of 4

implement the Closure Plan. The walls, ceiling and floor surfaces of the concrete Hazardous
Waste Storage Facility were cleaned and tested for lead and mercury in accordance with the
approved Closure Plan. All samples were below TCLP values and EA certified closure.
June 1990 Post Demolition Soil Sampling Report. The buildings were demolished in late 1989
and soil sampling for volatile organic compounds and mercury was performed between January
and April 1990 within the building footprint areas.
Mercury concentrations exceeded remediation criteria specified in the Consent Order (35-45
mg/kg) within the footprint area of Building 6, the Areaway and isolated samples to a maximum
depth of 10 feet bgs. Post excavation sampling showed the mercury concentrations to be below
the remediation criteria.
Sampling was conducted under the North Boiler Room floor slab. A brick foundation and black fill
material approximately 2 feet thick were discovered under the floor slab. The black fill material
was not removed. Two soil samples were taken beneath the brick foundation and analyzed for
mercury. Mercury was not detected in these two samples. One sample of the fill material was
taken midway between the two locations and tested for priority pollutants. Mercury was not
detected but PCBs, volatile organic compounds and base neutral compounds were detected but
were below standards. Zinc was detected at 920 mg/kg, which exceeds remediation criteria and
current TAGM cleanup objectives (20 mg/kg).
November 1991 Certification Report for Closure of the Duracell Inc. Facility - Volume I. This
report documents the decontamination, demolition and remediation of the facility.
Demolition included the removal of all floor slabs at grade, pits and sand and debris within
manholes. Sub-grade floor slabs (North and South boiler rooms) were broken up but left in place.
Subsurface foundations, footings, etc. below 10 feet were left in place. Demolition debris was
deemed acceptable for use as backfill on the site since it contained from 5.9 to 24 mg/kg
mercury.
Approximately 6,170 cubic yards of demolition debris were recycled off-site.
Approximately 300 cubic yards of demolition debris was used to backfill the boiler room
basement Approximately 20 cubic yards of demolition debris mixed with soil from the Areaway
was stockpiled separately and ultimately disposed as hazardous waste.
One 10,000-gallon single wall steel #2 fuel oil UST and associated piping located in the southeast
corner of the site was removed on October 19, 1990 and upon inspection was found in good
condition with no leakage. Underlying soils showed no presence of petroleum. As a result of
demolition, a 5,000-gallon UST was discovered under the floor of Building 5 in June 1990. This
tank was removed on July 6, 1990 and was found to be in good condition without the evidence of
leakage. Underlying soils were inspected and sampled and no significant contamination was
reported. No lab results were included, but a letter from EA to Duracell stated the concentrations
of petroleum hydrocarbons are below levels of concern.
An 8-foot diameter disposal pit was discovered in the southeast corner of the subject property.
Samples were collected to a depth of 22 feet below grade. The profile data shows mercury
concentrations below the remediation criteria (35-45 mg/kg) at intervals of 10 feet and below.
Soil in the pit was removed to a depth of seven feet. Post removal soil sampling was performed
and the samples were below the remediation criteria. However, three samples in this area below
the 10 feet depth exhibited mercury concentrations up to 429 mg/kg.
There are two additional pits located on the west edge of Building 5, two pits located in or near
the former boiler rooms, and one pit at the west side of Building 3. There is no discussion in the
available reports regarding these pits. However, Duracell explained that these pits were used to

�Mr. Dwight Douglas
January 31,2003
Page 5 of 5

transfer wastewater to the sewer system. They were constructed with concrete floors and walls,
and were removed during demolition.
Areaway soil, disposal pit contents and a pile of debris remaining from demolition exhibited
hazardous waste characteristics. Soil from other areas did not exhibit hazardous waste
characteristics. All soil including approximately 2,100 tons of soil and 30 55-gallon drums of
waste from pits, manholes and truck leveler pits was disposed of as hazardous waste at
Envirosafe Services Inc., Oregon, Ohio. Clean soil for backfill was obtained from a road
construction site and analyzed to confirm its quality.
Off-site soil remediation and removal was performed at abutting residences on Kendall Ave and
Elm Street. Soil was stockpiled on the Duracell Property. 620 tons of soil was removed.
July 1992 Addendum No. 1 to Certification Report for Closure. This report documents additional
on-site investigation and remediation between September 1991 and July 1992. A soil gas survey
was conducted to identify areas of potential mercury contamination. Soil with elevated mercury
concentration was excavated. Post-excavation sampling confirmed that the remaining soil
concentration were in compliance with the remediation criteria. Excavated areas were backfilled,
graded and seeded. A total of 725 tons of excavated soil was removed from the site at this
excavation period.
A four hundred square foot area of discarded batteries was discovered on the north end of
Buildings 2 and 5. Excavation up to 36 inches was performed to remove the batteries and 50
cubic yards of excavated material was removed. Post excavation sampling indicated the samples
were below the remediation criteria of 35-45 mg/kg mercury.
April 1993 Parking Lot Investigation. Soil gas survey found mercury and VOC concentrations.
Soil gas data was not included in the report. Subsequent soil sampling found mercury
concentrations exceeded but VOC's, primarily trichloroethene (TCE), concentrations were below
remediation criteria. TCE concentrations are below current TAGM cleanup objectives.
January 1994 Addendum No. 2. Soil conditions were evaluated on the Parking Lot. Excavations
were within areas requiring remediation and were performed between June 29 and October 28,
1993. The remediation criteria were achieved and a total of 1,565 tons of excavated soil was
removed and the parcel was backfilled and restored.
CONCLUSIONS
Remediation Procedures and Protocols
NYSDEC and Duracell contend that the investigations, remedial actions and remedial standards
met the terms of the Consent Order and therefore complied with applicable standards and
regulations. The following correspondence from NYSDEC supports this position and indicates
that the Duracell property has been removed from the NYS Registry of Inactive Hazardous Waste
Disposal Sites, no further action will be required and no restrictions have been placed on future
use:
1. June 10,1999 letter to Pinewood Business Center from Michael Mason, P.E., Project
Manager, Eastern Field Services Section, Bureau of Construction Services, Division
of Environmental Remediation.

�•w

I
Mr. Dwight Douglas
January 31,2003
Page 6 of 6
2. January 14,1998 letter to Village of Sleepy Hollow from Robert L Marino, Chief, Site
Control Section, Bureau of Hazardous Site Control, Division of Environmental
Remediation.
In our opinion, the remedial investigations and actions were valid and conducted in accordance
with the provisions of the Consent Order. The following issues were not addressed in the
documents reviewed:
Groundwater was not investigated. The Duracell facility included a pit (dry well) that
was used for disposal of plant wastes. The pit was removed and soil was sampled to
a depth of 22 feet but groundwater Was not encountered and was not sampled.
Trichloroethylene (TCE) was found in soil samples in the Parking Lot
Concentrations were below TAGM cleanup objectives but there was no further
investigation or discussion of the potential source of this contamination.
A "black fill material", approximately two feet thick, was identified and remains under
the North Boiler Room floor. Concentrations of PCBs, VOC's and SVOCs were
detected below cleanup standards in a sample of this material. An estimate of the
quantity of this material or the potential impact on deeper soil or groundwater is not
provided.
The boiler room basement was filled with 300 cubic yards of demolition debris having
mercury concentration above current regulatory guidelines.
Soil gas contaminants were detected on both properties prior to remediation but no
measurements were taken afterward.
Although these "gaps" exist, it is our opinion that only two issues need to be addressed for future
development; the lack of groundwater information and the residual contamination remaining on
the sites. Langan recommends evaluation of available groundwater quality data in proximity to
the site if proposed use contemplates extraction of groundwater. If no data can be found, Langan
recommends an on-site groundwater investigation. The residual contamination is addressed in
the following sections.

I

Potential for Reopening
The correspondence from NYSDEC noted in the section above is unconditional and does not
contain any reservations. The only reopeners pursuant to the Consent Order are:
1. If the basis of the cleanup objectives, the health effects of mercury, are found not
sufficiently protective of human health, or
2. If other contaminant conditions are found which were unknown at the time the
NYSDEC made their determination.
Item 2 is of most concern. Due to limited development requirements and the extensive demolition
and remediation activities, it is unlikely that a new area of buried waste might be found. However,
groundwater has not been characterized. Potential sources of groundwater include the former
disposal pit, the black soil underlying the boiler room floor and mercury contamination below the
10 foot depth (there is no impermeable surface preventing leaching from these areas). Duracell
contaminants may be identified if the proposed use contemplates extraction of groundwater.
The time frame for the discovery of an unknown contaminant condition is open and unlimited.
Potential Future Remediation Requirements

„

•-•«•

ii

�Mr. Dwight Douglas
January 31,2003
Page 7 of 7

The remedial objective, 35 to 45 mg/kg, to a depth of 10 feet, stipulated in the Consent Order was
achieved in all but five samples out of a total of 156 post-excavation samples on the
Manufacturing Site and all but one sample on the Parking Lot. The current NYSDEC cleanup
criteria for mercury is 0.1 mg/kg [NYSDEC Technical and Administrative Guidance Memorandum
(TAGM) # 4046] based on average NYS background determined in a 1984 survey.
Approximately 86% of the post-excavation soil samples exceeded current TAGM cleanup
objectives on the Manufacturing Site and 64% on the Parking Lot.
It is unlikely that NYSDEC will require additional cleanup on the Duracell sites based on the
satisfaction of Consent Order objectives, their unconditional "no further action" letters, and the
depth of the remaining contamination and the proposed plan for development which effectively
covers the sites with concrete, asphalt or landscaping.
However, the presence of mercury contamination must be addressed within the scope of any
development scenario. Handling of this material requires proper health and safety precautions to
protect construction workers and the general public, and proper disposition of any excavated
material at an appropriately permitted disposal or recycling facility.
Specifically, Langan recommends:
1.

Preparation of a health and safety plan for any intrusive investigation or construction activity
and full time health and safety oversight be provided during those activities, and
2. Preparation of a contaminated soil management plan to address all soil that may be
excavated during construction.
Potential Natural Resource Damages
The letters provided by NYSDEC do not eliminate the liability from Natural Resource Damage.
Based on the remedial investigations and actions taken, it is not likely that this will be an issue.
Discovery of unknown conditions, particularly groundwater contamination, will raise the potential
for liability but that liability will be attributed directly to Duracell.
Risk of Alternate Property Uses
No Action
The option of leaving the Duracell sites as is creates a risk of exposure to safety hazards created
by soil settlement, vandalism (unauthorized access) and unaesthetic appearance which is
contrary to the image desired by the Village and Duracell. Langan does not believe this is a
viable permanent option.
Former Manufacturing Site
The proposed future use of the former Manufacturing Site is a landscaped parking lot. This is
considered the lowestriskfuture use. A non-engineered, paved parking lot that requires periodic
repaving due to settlement is not an option. Figure 1 shows the location of mercury
contamination, construction debris and other potential hazardous features on the site. Even for
such a limited use as a parking lot, Langan would recommend evaluation of the subsurface to
determine if the debris left behind could impact the stability and long term aesthetics of the paving
and landscaping. It is likely that some excavation, filling and compaction of the subsurface soil
would be necessary to prevent settlement of the parking surface. Excavated soil, building
components and demolition debris will have to be disposed of as contaminated material. Soil can
remain on site for compaction. Excavation will also be required to install tree roots. It is assumed

�yz*&gt;

i
Mr. Dwight Douglas
January 31,2003
Page 8 of 8
that stormwater would drain to the landscaped area and subsurface drainage system would not
be required. Additional excavation would be required otherwise.
Due to the need for excavation, potential exposure to mercury and other compounds in the soil
must be addressed in the development plans to protect the health and safety of workers and the
general public. This can be accomplished by requiring the contractor to develop a Health and
Safety Plan that includes monitoring for airborne contaminants.
Soil gas contaminants have also been detected on the Manufacturing Site prior to remediation.
Volatile chemicals will migrate up through porous surfaces (soil). These gases can accumulate in
enclosed spaces and create health and explosive hazards. Since there will be no enclosures on
the proposed development, this will not be a concern, migrating gasses will disperse into the
atmosphere at non-detectable concentrations.
The use of the former Manufacturing Site for commercial or office space adds additional
excavation requirements for foundations, utilities, possible basements and potential additional
design requirements for a passive soil gas venting system. In addition, more extensive
excavation may uncover currently unknown contamination conditions, causing the reopening of
the case. Langan concludes that this usage option will result in extensive additional costs and
potential delays that can not be predicted at this time.
Former Parking Lot
The proposed future use of the former Parking Lot is a recreational facility for seniors. Figure 1
shows the location of mercury contamination, construction debris and other potential hazardous
features on the site. The proposed facility will require foundations, utilities and storm and sewer
drains that will require excavation. Similar construction precautions as discussed above will be
required. The construction of such a facility on this site is appropriate due to the lack of former
disposal operations, demolition debris, foundations and other material that may have to be
disposed of as a regulated waste.
Soil gas contaminants have also been detected on this site. At minimum, soil gas measurements
should be made and, if found, the foundation and floor slabs should to be designed to passively
convey soil gasses to the landscaped sides of the building for dispersal into the atmosphere.
SUMMARY OF RECOMMENDATIONS

i

Evaluate groundwater conditions from available sources if the proposed use contemplates
extraction of groundwater.
Conduct a soil gas survey of the Parking Lot site to evaluate the need for mitigation if the
proposed use contemplates construction of enclosed structures.
3. Conduct geotechnical investigations to determine the foundation and excavation
requirements for development of the properties.
Any soil disturbed, excavated and/or removed at this property must be considered a nonhazardous industrial waste. These activities should be conducted under the full time
supervision of a trained health and safety officer and that the contractor be required to
develop his own Health and Safety Plan. All excavated material should be disposed or
recycled off-site as non-hazardous industrial waste.
Excavation activities can result in airborne dust containing organic and mercury
contaminants, and odors. Dust and odor suppression should be integrated into the Health
and Safety Plan developed specifically for this project.

�Mr. Dwight Douglas
January 31,2003
Page 9 of 9

Please call if you have any questions.
Very truly yours,
Langan Engineering and
Environmental Services, PC

Joel B. Landes, P.E.
Associate

\\ADMINNY\DATA\Data3\5518301\Offk» Data\Reports\Duracel.doc

�COASTAL ASSESSMENT FORM
Instructions (Please print or type all answers)
1.

Applicants, or in the, case of direct actions (village) agencies, shall complete this
CAF for proposed action which is subject to the consistency review law. This
assessment is intended to supplement other information used by a (village) agency
in making a determination of consistency.

2.

Before answering the questions in Section C, the preparer of this form should review
the policies and explanations of policy contained in the Local Waterfront
Revitalization Program (LWRP), a copy of which is on file in the (village) clerk's
office. A proposed action should be evaluated as to its significant beneficial and
adverse effects upon the coastal area.

3.

If any question In Section C on this form is answered "yes", then the proposed action
may affect the achievement of the LWRP policy standards and conditions contained
in the consistency review law. Thus, the action should be analyzed in more detail
and, if necessary, modified prior to making a determination that it is consistent to the
maximum extent practicable with the LWRP policy standards and conditions. If an
action cannot be certified as consistent with the LWRP policy standards and
conditions, it shall not be undertaken.

Description of Site and Proposed Action
1.

Type of (village) agency action (check appropriate response):
a.

Directly undertaken: (e.g., capital construction, planning activity, agency
regulation, land transaction) Land acquisition and park expansion

b.

Financial assistance: ( e.g., grant, loan, subsidy) nominal consideration, grant
funding from New York State and possibly Westchester County

c.

Permit approval, license, certification: approval from Mavor and Board of
Trustees: site plan approvalfromPlanning Board

d.

Agency undertaking action: Mavor and Board of Trustees

2.

Describe nature and extent of action: Transfer of 2.65± acres of real property to the
Village for nominal considerations, improvement and expansion of Barnhart Park

3.

Location of action: Barnhart Avenue/Andrews Lane. Sleepy Hollow. NY
4.
Size of site: 6.31± acres
Present land use: Recreation, vacant

5.

�6.

Present zoning classification: R-5 Multiple residence/ Moderate Density. P-Park

7.

Describe any unique or unusual land forms on the project site (i.e. bluffs, dunes,
swales, ground depression, other geological formations: None

8.

Percentage of site which contains slopes of 15% or greater.

9.

Streams, lakes, ponds, or wetlands existing within or contiguous to the project area?
None
a.
b.

10.

-

If an application for the proposed action has been filed with the (city, town, village)
agency, the following information shall be provided:
a.
b.
c.

11.

None
Size (in acres)

5%

Name of Applicant: Mayor and Board of Trustees
Mailing Address: 28 Beekman Avenue. Sleepy Hollow. NY 10591
Telephone Number. (914)631-5100

Will the action to be directly undertaken, require funding, or approval by a State
of Federal Agency?
Yes
No
X
If yes, which State or Federal Agency?

Coastal Assessment (Check either "Yes" or. "No" for each of the following questions)
Yes No
1.
Will the proposed action be located in, or contiguous to,
or have any potentially adverse effect upon any of the
resource areas identified on the coastal area map:
a.
Significant fish or wildlife habitats?
b.
Scenic resources of local or statewide significance?
c.
Important agricultural lands?
d.
Natural protective features in an erosion hazard area?
If the answer to any question above is yes, please explain in
section D any measures which will be undertaken to mitigate
any adverse effects.

2

2L_
2L_
X_
X

�&lt;f*-?

Yes

M

Will the proposed action have a significant effect upon:
a.
b.
c.
d.
e.
f.
g.
h.

Commercial or recreational use of fish and wildlife
resources?
Scenic quality of the coastal environment?.
Development of future, or existing water dependent uses?
Operation of the State's major ports?
Land or water uses within a small harbor area?
Stability of the shoreline?
Surface or ground water quality?
Existing or potential public recreation opportunities?

X
X
X
X
X
X
X
X

(Positive impact, allows for potential expansion of Barnhart Park)

i.

Structures, sites or districts of historic, archeological or
cultural significance to the (city, town, village), State of
Nation?

X
Yes

No

Will the proposed action involve or result in any of the following?
a.
b.
c.
d.
e.
f.
g.
h.
I.

j.
k.
1.

Physical alteration land along the shoreline, land under
water or coastal water?
Physical alteration of two (2) acres or more of land
located elsewhere in the coastal area?
Expansion of existing public services or infrastructure
in undeveloped or low density areas of the coastal area?
Energy- facility not subject to Article VII or VIII of the
Public Service Law?
Mining, excavation, filling, or dredging in coastal waters?
Reduction of existing or potential public access to or
along the shore?
Sale or change in use of publicly-owned lands located on
the shoreline or underwater?
Development within a designated flood or erosion hazard
area?
Development on a beach, dune, barrier island or other
natural feature that provides protection against
flooding or erosion?
Construction or reconstruction of erosion protective
structures?
Diminished surface or ground water quality?
Removal of ground cover from the site?

X
X
X
X
X
X
X
X

X
X
X
X

�Yes
If project is to be located adjacent to shore: Not Applicable
1.
Will water-related recreation be provided?
2.
Will public access to the foreshore be provided?
3.
Does the project require a waterfront site?
4.
Will it supplant a recreational or maritime use?
5.
Do essential public services and facilities presently
exist, at or near the site?
6.
Is it located in a flood prone area?
7.
Is it located in an area of high erosion?
If the project site is publicalry owned:
1.
2.
3.
4.

Will the project protect, maintain and/or increase
the level and types of public access to waterrelated recreation resources and facilities?
If located in the foreshore, will access to those and
adjacent lands be provided? N/A
Will it involve the siting and construction of major
energy facilities?
Will it involve the discharge of effluents from major
steam electric generating and industrial facilities
Into coastal facilities?

Is the project site presently used by the community
neighborhood as an open space or recreation area?
Does the present site-offer or include scenic views or
vistas known to be important to the community?
Is the project site presently used for commercial fishing
orfishprocessing?
Will the surface area of any waterways or wetland areas
be increased or decreased by the proposal?
Does any mature forest (over 100 years old) or other
locally important vegetation exist on this site which will
be removed by the project?
Will the project involve any waste discharges into
coastal waters?
Does the project involve any waste discharges into
coastal waters?
Does the project involve shipment or storage of
petroleum products?
4

_X
_X

�Yes
k.
1.
m.
n.
o.
p.
q.

I

r.

Does the project involve shipment or storage of
petroleum products?
Does the project Involve discharge or toxins, hazardous
substances or other pollutants into coastal waters?
Does, the project involve or change existing ice
management practices?
Will the project affect any area designated as a tidal or
freshwater wetland?
Will the project after drainage flow, patterns or surface
water runoff on orfromthe site?
Will best management practices be utilized to control
storm water runoff into coastal waters?
Will the project utilize or affect the quality or quantity of
sole source or surface water supplies?
Will the project cause emissions which exceed federal or
state air quality standards or generate significant
amounts of nitrates or sulfates?

No
X
X
X
X
X
X
X

X

REMARKS OR ADDITIONAL INFORMATION: (Add any additional sheet necessary to complete
this form.)

If assistance or further information is needed to complete this form, please contact the village clerk
at:
Village of Sleepy Hollow. 28 Beekman Avenue. Sleepy Hollow. NY 10591
Preparer's Name: David B. Smith. AICP
Agency:
Village Planning Consultant
Date:
February 11.2003

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SITE LOCATION
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BARNHART PARK RECREATION FACILITY EXPANSION
Village of Sleepy Hollow, New York
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Saccuaii &lt;t Schtff, Inc - Planning &amp; Pevelopmcnt

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Former Duracell properties to be
dedicated/acquired by the Village of
Sleepy Hollow.

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TAX LOT INFORMATION
BARNHART PARK RECREATION FACILITY EXPANSION
Village of Sleepy Hollow, New York
SOURCli. Town of Ml Pleasant Tax Assessor

Saccardi &amp; Schiff, Inc. - Planning &amp; Development Consultants

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of adjtieetit property formerly owtied by the Ihiraeell liattery Company.

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BARNHART PARK SITE PLAN IMPROVEMENTS
BARNHART PARK RECREATION FACILITY EXPANSION
Village of Sleepy Hollow, New York
Saccardi &amp;. Schiff. Inc. - Planning &amp; Development Consultants

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�Meeting Date: 02/11/03

Resolution #:

02/31/03

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Execution of a Consultant Agreement
Review of Village Management Functions
Whereas, the Village of Sleepy Hollow is desirous of contracting for certain management
services to review key departments and functions,
Now Therefore Be It Resolved, that the Board of Trustees herein authorizes the Mayor to
enter into the below agreement on the terms as detailed herein:
Agreement made the 4th day of February, 2003, between the Village of Sleepy Hollow,
28 Beekman Ave., Sleepy Hollow, 10591, hereinafter referred to as ''Village", and
Michael D. Ritchie
Hereinafter referred to as "Contractor".
1.

In consideration of the payment described in section 2, the
Contractor shall provide the following services (hereinafter the
"WORK").
At the direction of the Village Administrator, the Consultant will
review the operations, budgets, and staffing levels, meet with the
Dept. Heads and make recommendations for improvements in
Departmental operations, procedures, etc., for report to the Village
Administrator.
An executive summary of recommendations to be delivered to the
Village Administrator upon completion of the Study.

2.

For work performed under this agreement, the Village shall pay to
the Contractor a sum not to exceed Five-thousand dollars
($5000.00) based on a rate of $75.00 per hour. Payment to be
made to Contractor after submission of a properly executed claim
form describing the services performed and itemizing the dates and
number of hours providing such services.

3.

The term of this agreement shall begin on February 4th, 2003, and
end on April 30th, 2003. However, the Village may, upon (10)
days written notice to the Contractor, terminate this agreement in
whole or in part when the Village deems it to be in its best interest.
In such event, the contractor shall be compensated and the Village
shall be liable only for payment of services already rendered under
this agreement prior to the effective date of termination.

�4.

The contractor understands that he/she as an independent
contractor, is not an employee of the Village nor covered under the
Village's personal liability, Worker's Compensation, or retirement
benefits. It is further understood that the Contractor holds
harmless the Village, its officers, employees, and agentsfromand
against any and all liability, damage, claims, demands, costs,
judgments, fees, attorney's fees or losses arising directly out of the
acts or omissions involved in this scope of work.

Moved: Trustee Grala Seconded: Trustee Stever Vote: 6-1
Trustees Grala, Stever, DiFelice, Spota, Zieja and Mayor Zegarelli
voted yes. Trustee Hart voted-NO.
AGREED:

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Contractor

Village Administrator

Social Security No.

Date

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�PUBLIC WORKS REPORT
February 11,2003
NOTICE!!!!!!
MONDAY, FEBRUARY 17 TH IS A LEGAL HOLDIDAY, PRESIDENTS' DAY.
VILLAGE OFFICES WILL BE CLOSED. MONDAY'S GARBAGE WILL BE
PICKED UP ON TUESDAY, TUESDAY'S GARBAGE WELL BE PICKED UP ON
WEDNESDAY. RECYCLING WILL ALSO TAKE PLACE ON WEDNESDAY!!!
WATER METERS ARE BEING READ.
POT HOLES ARE BEING PATCHED THROUGHOUT THE VILLAGE.]
SALT BARRELS ARE BEING FILLED AFTER EACH SNOW EVENT.
TREE TRIMMING/REMOVAL IS TAKING PLACE BETWEEN SNOW
STORMS.
NEW RECYCLING RULES WILL TAKE EFFECT SHORTLY REGARDING
THE DISPOSAL OF TVS, COMPUTERS AND SCREENS. RESIDENTS WILL
BE NOTIFIED OF THIS CHANGE WHEN IT TAKES EFFECT.

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SLEEPY HOLLOW FIRE DEPARTMENT
Sleepy Hollow, New York

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Fire Patrol
Org. 1876
Pocantico Hook and Ladder
Org. 1878
Rescue Hose Co. No. 1
Org. 1887
Union Hose Eng. Co. No. 2
Org. 1887
Columbia Hose Co. No. 3
Org. 1899

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John Korzelius
Chirf Engineer
Jose Ojito
First Assistant Chief
Paul Cappello
Second Assistant Chief

THIS DEPARTMENT NEVER SLEEPS

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Hose Co. #3

Columbia

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