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,.'

Minutes of the Board of Trustees
Village of Sleepy Hollow

A work session of the Board of Trustees of the Village of Sleepy Hollow was held on
Tuesday. November 9th, 2004 at 7:00 P.M. in the boardroom at Village Hall. 28
Beekman Avenue, Sleepy Hollow, New York.
Present:

I

Mayor Philip E. Zegarelli
RichZieja
Tommy Capossela
Kay Grala
Richard Spota
Trustees

Also Present: Dwight H. Douglas, Village Administrator
Dave Smith, Planning Consultant
Sean McCarthy, Village Architect
At 8:00 p.m. the Mayor called the Board into special session. During the Special Session
the attached resolutions were acted on as noted therein. Additionally, the board
conducted the following public hearings:
Public Hearing #1 - continuation - Senior Housing Zoning Amendments. The hearing
was opened; Dave Smith provided and reviewed a memo outlining minor proposed
changes to the draft ordinance (attached). No one spoke in opposition. On a motion of
Trustee Grala, seconded by Trustee Capossela and carried unanimously, the public
hearing
' £ &gt; was closed.

I

Public Hearing #2 - Five acre addition to Hospital zone - the legal notice was read into
the record. Andy Tung and Keith Safian provided an update of the overall Phelps master
plan project, including revisions to the emergency room facilities. Katherine Zalantis,
attorney for Phelps Hospital, reviewed the zone map designation proposal for the subject
five acre site into the Village. No one spoke in opposition. On a motion of Trustee
Capossela, seconded by Trustee Spota the Public Hearing was closed.
On a motion of Trustee Spota, seconded by Trustee Zieja and subject to the review, and
approval of the Mayor, the subject department heads, and the Village Treasurer the
warrant of November 9th, 2004 and any vouchers as consolidated in said warrant were
unanimously approved.
At 7:15 p.m. the board went into executive session to discuss pending litigation. At 7:50
p.m. on a motion of Trustee Capossela, seconded by Trustee Grala the board came out of
executive session and back into special session.

I

�301

I
At 8:15 p.m. on a motion of Zieja, seconded by Trustee Spota the special meeting was
adjourned and the board went into executive session to review current litigation. No
action was taken during the executive session which ended at 8:30 p.m.
Respectfully sut jtted,
Dw'mhtH. Douslas. Villase Administrator

I

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�392
MEMORANDUM

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DATED:

November 4, 2004

TO:

Hon. Philip Zegarelli, Mayor

FROM:

David B. Smith, AICP

CC:

Dwight Douglas, Administrator
Robert Ponzini, Village Attorney
Chairman Anello, ZBA
Chairman Stever, ARB
Chairman Robinson, Planning Board
Chairman Tanner, Parking Authority
Chairman Weiss, WAC
Sean McCarthy, Village Architect

RE:

Senior Housing (Affordable) Permit

(A/ -&gt; ~ ^

The Village Board is currently considering proposed zoning text amendments that would allow,
by special permit, affordable senior housing developments, within the R-4, R-5 and C-2 Zoning
Districts. On September 21, 2004 the Village Board opened a public hearing on the proposed
text amendments. To date the Village has received comments from a prospective applicant
(Mountco), Westchester County and the public, in addition to the comments raised by individual
Board members. The Village Board is particularly concerned about the parking availability for
any proposed facility, particularly one located in the Inner-Village area where parking is at a
premium.

i

One prospective location being considered for an affordable senior project is the parking area
currently serving the Margotta Courts housing complex. The distribution of the existing 57
parking spaces is broken down as follows: 44 spaces for Margotta Court tenants; 10 spaces for
residents of College Arms; and 3 spaces for North Tarrytown Housing Authority (NTHA)
employees.
As you will recall, the initial version of the proposed zoning text provided for 0.5 spaces per unit.
This number was based on other comparable senior housing developments located throughout
the country' (see our July 7, 2004 memorandum). The prospective applicant has indicated that
they could provide approximately 75 spaces total (44 spaces sufficient to cover the existing
spaces assigned to Margotta Courts plus 31 spaces for the new senior housing). The NTHA has
indicated that they have available spaces nearby that could accommodate their employees, the 10
spaces rented to residents of College Arms will be discontinued. The 31 spaces for the proposed
75 new senior units equates to a 0.4 spaces per unit ratio. This leaves the prospective
development approximately 7-8 spaces short (75 units contemplated x 0.4 spaces per unit = 30)
compared to using the 0.5 figure (75 x 0.5 = 37.5, say 38).

I

�393

A few items for consideration:
•

Field observations noted that there are two, # 13 Beeline Bus route stops located
approximately one-half block from the prospective Margotta Courts parking lot
site. The presence of mass transit in proximity to senior development should be
one of the determining factors for having a reduced parking ratio.

•

It is our understanding that the NTH A has approached a neighboring property
owner to inquire about the availability of a piece of property adjacent to the
Margotta Courts parking area site that could yield additional parking spaces. The
addition of land area sufficient to accommodate eight plus spaces would bring the
parking ratio back up to the 0.5 spaces per unit originally contemplated in the
draft zoning language.

•

A proposed development that would be consistent with zoning would call for a
total unit count of 62 units (62 units x 0.5 spaces per unit =31 spaces). The
prospective applicant needs to weigh in on whether the project is economically
viable with 62 units, particularly given the cost of constructing structured parking.

•

The proposed zoning text could be modified as follows to address the parking
issue (added text in underlining):
2. Off-street parking will be provided in any combination of parking
structures or on-grade areas, and have the minimum number of required
off-street parking spaces as follows unless modified by Section 62-22.4.N:
A) Independent-living unit:
[1] one bedroom: 0.5 per unit 1
[2] two bedroom: 0.7 per unit
1.

•

Where there is a finding by the Mavor and Board of Trustees that there is
adequate mass transit convenient to the SH development the parking ratio maybe adjusted to a figure not less than 033 spaces per unit,

One possible long term solution relative to parking in the neighborhood is to
evaluate the on-street parking configuration along the lower section of Valley
Street. Given that this particular section of Valley Street has a one-way traffic
pattern the Village may want to explore the opportunity for creating angled
parking. A fairly quick review of the existing street configuration, existing
parking layout and curbcuts would yield an overall parking figure that could be
compared to existing conditions. One of the obvious benefits of the angled
parking configuration is that it yields more spaces per linear foot than parallel
parking; one of the drawbacks is that the motorist often has to back into the
adjacent travel lane.

F:\Nf\M-720 Sleepy HoIiovi-\scnior housingViield obscrvaiionsJ.doc

�Meeting'Date: November 9, 2004
Resolution: 11/192/04
RESOLUTION
MAYOR AND BOARD OF TRUSTEES
FOR PROFESSIONAL CONSULTING SERVICES
GREEN SHIELD ECOLOGY, INC.

WHEREAS, from time to time the Mayor and Board of Trustees of the Village of
Sleepy Hollow (the Village Board) has retained consulting services to act on behalf of the
Village and provide technical reviews and recommendations relative to the requirements of
the State Environmental Quality Review Act (SEQRA); and
WHEREAS, the Mayor and Board of Trustees of the Village of Sleepy Hollow (the
Village Board) is currently conducting a SEQRA review for proposed improvements to the
Village's water supply infrastructure (the Proposed Action); and
WHEREAS, one component of the Proposed Action is the location of a new
reservoir tank in proximity to the Village's existing reservoir located in the Rockefeller Park
Preserve; and
WHEREAS, one of the alternatives being considered is a potential reservoir tank
located in a portion of the Kykuit estate in Sleepy Hollow; and
WHEREAS, the Village Board seeks to augment its review capabilities by preparing
a habitat assessment of potential impacts for the Proposed Action and the aforementioned
alternative site; and
WHEREAS, the Village has received a proposal from Green Shield Ecology, Inc.,
708 Carlene Drive, Bridgewater, New Jersey to prepare the aforementioned habitat
assessments; and
NOW, THEREFORE, BE IT RESOLVED, that the Village Board does hereby
authorize the hiring of Green Shield Ecology, Inc. to prepare the aforementioned habitat
assessments based on the attached proposal for service for inclusion in the Final EIS.

Moved by: Trustee Zieja

Seconded by: Trustee Grala

Vote: Unanimous

�• 395

OCT-28-2004

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October 26.2004
Mr. David B. Smith, AICP
Sixccardi and Scruff, Inc.
445 Hamilton Avenue
While Plains, NY 10601
lie: Sleep Hollow habitat assessment
Dear Mr, Smith.

Thank you for an interesting discussion and the documents about this property. Our specific
experience is with natural habitat structure, restoration, and ecological monitoring in the greater
New. York/New Jersey area, which is quite relevant to your site. My professional training is in m3ny
aspects ofplani ecology, particularly the dynamics of plant populations and communities and their
restoration. We have worked in forest, field, and wetland habitats in the northeast for over three
decads-s, studying the factors that influence the vegetation of these areas, and the effect of recent
history and disturbance on the local habitats. Most recently, habitat degradation and the potential to
ai'd back biodiversity and improve environmental health have been the focus of our work.
I urn enclosing a summary vita that lists my own professional background and training and n
list of some of our projects. My staff is highly trained in field botany and ecology, and has worked
throughout lhc metro region. Our experience in ecological consulting includes preparing oral and
written reports to State and City environmental officials (both in New York and New Jersey) for
ccoiogicol assessments. Also, we con prepare detailed plans for restoration of plant communities in
wetlands (freshwater and tidal), forests, and meadows, and for the creation of buffer zones. Wc
rcgulorly work with muUidi9ciplinary teams of planners, engineers, and architects, end landscape
architects. As a Certified Senior Ecologist, 1 work under the Code of Ethics of the Ecological
Society of America. I am quite familiar with the habitat in Westchester County, from my long
veers as a plant ecology professor, now ot Rutgers University.
1 have reviewed the DEIS (August, 2004) for this project, end spoken to Mr. R. Snyder
(Circcnrock) and you for additional background. For this project wc would conduct field analyses of
the two sites under consideration, with special attention to:
forest structure and diversity
evidence of ecological stresses And/or degradation (especially invasive species

�OIT-23-2004

09:28

P.03

29*

I

and hcrbivory)
landscape setting and biotic linkages
habitat value especially for birdlifc
listing of dominant species of all strata
existing human impacts.
Our report would summarize our findings in these aspects of the landscape, then report our
professional opinion of the potential ecological impart of the proposed construction on the natural
diversity and function of these parcels. In this work, I would be assisted by an expert in birdlifc and
wildlife habitat, to complement my botanical skills, endfieldand lab assistants for data collection
und analysis.
This work could be performed this, season, with a report to your office in late fall.
Our fees for this project would include all staffing, travel, and report preparation needed, and
a meeting with you or the client, if requested. We request S23.300 for this project's work end final
report. We cany all required liability (S2 million limit) and workman's compensation insurance;
COl on request.
Thank you for contacting us about this interesting ecological project.
Yours truly,

Steven N. Handel. Ph.D.
Cert. Senior Ecologist

I

End.

. - » f c « « ' » — * »«

�397

OCT - 2 8 - 2*034

03:23

GREEN SHIELD ECOLOGY, INC.
703 CtfUNE DRIVE
BJUDGEWATRR. NEW JEHSFl' 06607

STEVEN K. HANDEL. PJ..D.

LANDSCAPE RESIOKATION
AUD CONTRACTING

OrlliUil S o l a r Ecologl»'_

_

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(ErtlotflccJ -Vilely of AmcrloO
DoyUrRv(788)»S2-«l6
Ertailng (900) 63C-6664
T « (006) S « M * M

PROFESSIONAL BACKGROUND OF STEVEN N. HANDEL
Academic position';:
1996 - prcscnl. Professor, Department of Ecology, Evolution, and Natural Resources.
Rutgers University, New Brunswick, NJ. [Department Chair, 1996-7).
Direcior. Center for Urban Restoration Ecology. (1999 - prcscnl)
Member, Graduate Program in Ecology &amp;. Evolution, and
Graduate Program in Plant Biology [Director. 1986-89).
1985 - 1996. Associate Professor of Biology, Rutgers University.
1979-1985. Associate Professor of Biology. Yale University.
Director. Yale University Botanical Garden, New Haven, Connecticut.
1976-1979. Assistant Professor of Biology, University of South Carolina,
Columbia, South Carolina.

Education:

B.A. Columbia College, Major in Biological Sciences, 1969.
M.S. Cornell University, Field of Ecology &amp; Evolutionary Biology. 1974.
Ph.D. Cornell University, Field of Ecology &amp; Evolutionary Biology, 1976.
Additional Appointments:
1983 - present.
1992 - present.
2002- present
1997 - 2001.

Certified Senior Ecologist, Ecological Society of America
Associate editor, RESTORATION ECOLOGY.
Editor. URBAN HABITATS
Elected member, Board of Directors, Society for
Ecological Restoration.
1998 - prcscnl. Member, National Council. Amrrican Institute of Biological Sciences
(A1BS).
1996 - present. Member, Institute for Ecology and Environmental
Management (U. K.)

�26-2004

03=28

2
1996 • present. Member, Board of Directors, Metropolitan New York
Forest Ecosystems Council. ,
1995-1996. President, Torrey Botanical Society.
1996.
Co-chair, Annual Meeting of the Society for Ecological
Restoration, held at Rutgers University, June 17-22.
1995 -1996. Chair, Plant Population Ecology Section, Ecological Society of America.
1991 - 1994. Member, Board of Professional Certification. Ecological Society of
America.
1987-1990. Associate Editor, EVOLUTION.
1989 - 1993. Visiting Research Scholar, School of Biological Sciences,
Macquaric University, Sydney, Australia
1987. Summer faculty. University of Virginia. Mountain Lake Biological
Station, Blacksburg, Virginia. (Course on Plant-Animal Interactions.)
1984. Summer faculty, Rocky Mountain Biological Station, Crested Butte,
Colorado. (Course on Plant-Animal Interactions.)
1983 - 1985. Chairman, Genetics Section, Botanical Society of America.
Member of the Follnwinp Professional Societies:
Society for Ecological Restoration
Ecological Society of America
British Ecological Society
Botanical Society of America
American Society of Naturalists
Torrey Botanical Society
Society for the Study of Evolution
Society for Conservation Biology
Natural Areas Association
American Association for the Advancement of Science (Fellow)
Australian Institute of Biology (Fellow)
The Explorers Club (Fellow)
Representative Professipnal Achievements:
Annual Design Award for Environmental Protection and Habitat Rescue. Native Plant
Society of New Jersey (1991). For restoration of woodlands on the Kearney. NJ landfill.
Annual Award for Natural Landscaping. Statcn Island. New York Chamber of
Commerce (1989). For restoration of wetland vegetation buffer zone at Willowbrook
Park office complex.
Grantee, National Science Foundation, Restoration and Conservation Biology
Competition, 1993-2003. For studies on the ecology of woodland restoration on landfills.
Elected a Fellow, American Association for the Advancement of Science (AAAS), 2000

�399

OZT-28-2004

P.06

09-' 28

Selected as the Annual Van Brunt Lecturer, Brooklyn Botanic Garden (2000)
Board of Directors Service- Award. Society for Ecological Restoration (2000)
Finalist, Fresh Kills Park Competition, NYC (2001)
Aldo Leopold Leadership Fellow. Ecological Society of America (2001)
Member. National Advisory Council. Pittsburgh Parks Conservancy.

I

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Fnrc-GAINES GRUNER PONZINI NOVICK LLP

Meeting Daw:
Resolution j=:

9142880350

7-790

P.005/005 ?-15S

11/9/04
H/193/04

Resolution Authorizing the Settlement of the Tax Petition of L&amp;R Realty Corp.,
300-310 Broadway vs. Village of Sleepy Hollow
WHEREAS, L&amp;R Realty Corp.,5 ("L&amp;R") has filed tax petitions in Supreme Court,
Westchester County, State of New York seeking reductions in their real estate taxes for
the years 1998/99 through 2004/05 for its property located in the Village of Sleepy
Hollow, and
WHEREAS, the petition has been reviewed and evaluated, and it has been determined
thai a settlement of this claim would be the most efficient and equitable resolution of this
claims and would spare the Village the costs and risks of further litigation,
NOW THEREFORE BE IT RESOLVED, that the Village Attorney be authorized to
execute a stipulation settling these claims in accordance with his memo of 10/25/04 and
the conversion chart thereto which withdraws all claims for the tax years 1998/99 through
2004/05, representing a total refund of approximately S19:000.

Moved: Trustee G r a l a

Seconded: T r u s t e e CaposselaVote: Unanimous

�401

10-25-2004 1?:31

Fros-GAINES GRUNER PONZIN1 NOVICK LLP

9142S80350

T-783

P.004/004

r-155

Meeting Date: 11/09/04
Resolution #: 11/194/04
Resolution Authorizing the Settlement of the Tax Petition of Abel Correia and
Lurdes Correia vs. Village of Sleepy Hollow
.
WHEREAS, Abel Correia and Lurdes Correia ("Correia) filed tax petitions in Supreme
Court, Westchester County, State of New York seeking reductions in their real estate
taxes for the years 1999 through 2004 for the property located at 2S Chestnut Street,
Sleepy Hollow. New York, and
WHEREAS, the petitions have been reviewed and evaluated, and it has been determined
that a settlement of these claims would be the most efficient and equitable resolution of
these claims and would spare the Village the costs and risks of further litigation,
NOW THEREFORE BE IT RESOLVED, that the Village Attorney bs authorized to
execute a stipulation settling these claims in accordance with his memo of 10/25/04
which withdraws all claims from 1994 with the exception of tax years 2002/03- reduction
of $19,700, tax year 2003/04-reduction of 523,900 and tax year 2004/05-reduction of
30,400.

M o v e d : T r u s t e e Capossela

Seconded: T T -„ g t c e

s

tfl

Vote: ^ a n i m o u s

I

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