<?xml version="1.0" encoding="UTF-8"?>
<item xmlns="http://omeka.org/schemas/omeka-xml/v5" itemId="980" public="1" featured="0" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:schemaLocation="http://omeka.org/schemas/omeka-xml/v5 http://omeka.org/schemas/omeka-xml/v5/omeka-xml-5-0.xsd" uri="https://sleepyhollow.localarchives.org/items/show/980?output=omeka-xml" accessDate="2026-09-19T09:37:35+00:00">
  <fileContainer>
    <file fileId="980">
      <src>https://sleepyhollow.localarchives.org/files/original/6ad434d555c6b5bc84ff833df89e2df5.pdf</src>
      <authentication>ccf87b69f0af9f9dcd8a09e5b6d13ca6</authentication>
      <elementSetContainer>
        <elementSet elementSetId="4">
          <name>PDF Text</name>
          <description/>
          <elementContainer>
            <element elementId="52">
              <name>Text</name>
              <description/>
              <elementTextContainer>
                <elementText elementTextId="19468">
                  <text>A regular meeting of the Board of Trustees was held on Tuesday, December 21,2004 at 8 pm
in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present:

Mayor Philip Zegarelli
Richard Spota
Thomas Capossela
Kay Brown Grala
Andrew Murray

Trustees

i

Also Present: Robert Ponzini, Village Attorney
Dwight Douglas, Village Administrator
Absent: ! Trustee Mario DiFelice
*

i Trustee Richard Zieja
Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag.
He asked that everyone remain standing for a moment of silence for Frank Camillieri, a long
time resident who passed away recently.
Approval of Minutes
Trustee Murray moved, seconded by Trustee Grala to approve the minutes of November 9,
2004, motion carried unanimously.
Trustee Grala moved, seconded by Trustee Capossela to approve the minutes of November 23,
2004, motion carried unanimously.
Trustee Capossela moved, seconded by Trustee Spota to approve the minutes of December 7,
2004, motion carried unanimously.
Public Hearings
Trustee Spota read the attached public hearing notice regarding the cell tower ordinance.
Dave Smith, Village Consultant gave a brief explanation.
There were no comments from the public. Trustee Spota moved, seconded by Trustee
Murray to close the hearing, motion carried.
Trustee Murray read the attached public hearing notice regarding the official zone map and
Saen McCarthy, Village Architect gave a brief explanation.
There were no comments from the public. Trustee Murray moved, seconded by Trustee
Grata to keep the public hearing open until the next meeting, motion carried
Trustee Grala read the attached public hearing notice regarding the storm water local law
and Robert Ponzini, Village Attorney gave a brief explanation.
There were no comments from the public Trustee Grala moved, seconded by Trustee
Capossela to close the hearing, motion carried.

�455
Approval of Warrant
Trustee Capossela moved, seconded by Trustee Spota to approve the warrant of December 21,
2004 subject to the review, approval and signatures of the Mayor and Deputy Treasurer,
motion carried unanimously. Total of the General fund is $142,508.31, Water &amp; Sewer fund
total is 528,761.25 and the Capital fund total is $67,540.26and the total of the Parking
Authority is S1456.50.
Mayor's Announcements
Mayor Zegarelli reported that we received word today that the Ferry Landing extension of
stipulation will be reviewed by the Judge and rule on the merits of the stipulation.
He commented that the police contract has been settled through arbitration. The contract
goes through May 31, 2004.
Mayor Zegarelli commented on the garbage fee assessment on the village tax bills and
commented that we are reviewing it for next years taxes and it may eliminated next year.
Public Comments
Don Caetano and Armando Galella commented on the proposed re-establishment of the
Police K-9 unit which they were against.
Mayor Zegarelli commented that the resolution on the agenda tonight is only to establish a
checking account for this purpose where we can deposit money which residents want to
donate for a K-9 unit. We are not making any decision on the re-establishment tonight.
Mario Belanich spoke in favor of having the K-9 unit again.
Several business owners, Antonio Rodriguez, Peter Castro, Jamie Correira addressed the
Mayor and the Board stating that they were against the garbage tax and that every property
owner should be assessed with this tax, not just them.
The Mayor again commented that we will be looking into eliminating this garbage assessment
in the next budget
Trustee Reports
Trustee Spota reported that the parking meters will be bagged through January 4,2005.
The Public Safety Committee will meet on Monday, January 24,2005 at 7:30 p.m.
Trustee Spota reported that we have received notice from Jeanine Pirro that a Certificate of
Commendation was given to Officer Benetiz for the dismantling of the Charles Gant drug
operation.
Trustee Spota commented that we received a thank you letter from a visitor from Vermont
commending Sgt Eaton and Officer Pellegrino for their wonderful kindness in showing their
very young children the police vehicles, etc.
2

�456

I

Trustee Capossela read the attached Public Works Report in the absence of Trustee DiFelice.
He commended Joe DeFeo and crew for their great work during the recent snow.
Trustee Capossela read the attached Administrative Report.
Trustee Grala reported that the new steps in front of the Warner Library are complete. She
thanked Joe DeFeo and Sean McCarthy for their constant monitoring of the ongoing job.
Trustee Murray commented that he recently toured the General Motors sight with the Mayor
and Administrator and other groups.
Administrator's Report
Dwight Douglas commented that we have received a grant for a new senior bus from the
Count)' for a lease of SI. per year.
Kendal on Hudson project will be ready for its first occupants in early April 2005.
The Briarcliff Water Agreement has been finalized and is ready for the Mayor's signature.

i

We have received a grant to replace trees that have died along route 9.
We are working on a lease agreement for the Valley Street parking lot.
Resolutions-Attached
The Mayor commented that we have a last minute resolution which Ms. Pell had asked us to
do tonight regarding the hiring of Ted Dimmie to fill in for the After School Program.
Trustee Grala moved, seconded by Trustee Capossela to approve the Mayor's appointment of
Ted Dimmie to the After School Program for a short interim at $11.50 per hour, motion
carried.
Old Business-None
New Business-None
Communications,Petitions &amp; Requests
Village Clerk read the correspondence from Pedro Rodriguez informing the village that they
are applying to renew their liquor license at the Embassy Bar at 134-135 Cortlandt Street.
(Copy to Police Chief)

I

There being no further comments, Trustee Spota moved, seconded by Trustee Capossela to
adjourn the meeting, motion carried.
Respectfully submitted,

Angela Everett
Village Clerk

�45?
Village of Sleepy Hollow
Notice of Public Hearing
Please take notice, that the Board of Trustees of the Village of Sleepy Hollow will hold a
Public Hearing on Tuesday, December 21,2004, at 8:00 P.M. in Village Hall, 28 Beekman
Avenue, Sleepy Hollow, New Yo'rk to consider proposed amendments to the Official Zone
Map of the Village of Sleepy Hollow.
A copy of the proposed map revisions is available upon request at the Office of the Village
Clerk.
All people 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: December 8, 2004

�45g*

I

AFFIDAVIT OF PUBLICATION
from

Wht Dtournal News
TOcCFIByYOrgC
JUNTYOr¥«SSTC*eSI3S

£l

£*

Jbeing

fc*ry.'

gPfCJtC

S3

on fte

V)

left and on fi&gt;e

^ M * * * * * "

Bovd

Signed.

l?»»*!?,.!L,ai*.

••^.•ffiSSrH*-

8.200*

Swam to before me
4WcW*\
- \

day« g"
U

?.

2JDL2L

\ W &gt;^/ i

LOLA« - ^ c

NEW

YORK

R GOU!&lt;rf
O U A U ^ ^ ^ ^ 6 , 2 0 0 3

NOTARY P ^ &amp; 3 ^ |

,:,;;^U: ii.^.-rt^^.C^^riii^

ibcu^idito^uj%

�459
Village of Sleepy Hollow
Notice of Public Hearing
Please take notice/that the Board of Trustees of the Village of Sleepy Hollow wHI hold a
Public Hearing on Tuesday/December 21,2004, at 8:00 P.NU in Village Hall, 28 Beekman
Avenue, Sleepy Hollow, New York to consider proposed amendments to Chapter 62-22.2 of
the Village of Sleepy Hollow Zoning Code Wireless Communications Facilities.
A copy of the proposed zoning text amendments is available upon request at the Office of
the Village Clerk.
All people 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: December 8, 2004

I

I
v-t i i . ' - i

«•.) ^,-a%.•- - &lt;• •-

&lt;**; • , ^ . v i &gt; - i - j j ; - -i^^-4^i^--a*-ix.sA*+M&amp;i3rzsc**e&amp;!

*j3rfAjmflaig&lt;JjS*taet*litfa^fe&gt;iSeMa^bltitt

�460

I

AFFIDAVIT OF PUBLICATION
from

(SB Or t&amp;f YOfHC
KJWTYOrWfeKlCHaSifcH

NBfcSdfcSU

Ossnog
p4JUi£&gt;

(The Journal Ncuis
cl

GPpCAfA-

fca-c:&lt;va^\

city sworn, saysfeatne&amp;te is the prnapai desk ofTte Journal
Hews, a newspaper pttiisfaedm t i e Oaoriy of'
! of New Yccfc, and the notice of whichtoeannexed is a
as pufefched 11toenewspaper nocated on toe
left and ontoei

MMUAUl
1 2

' *arff^
3 4 5 6

D—

7 8 9 10

1

Ss=&gt;
«

n 12 13 14 15 16 17 i a

.

2D 23 22 23 24 25 25 27 *

29 30 3 t

•
Fair
%e

SToSb of «» V*«Jl
SJ«pr Koto- ZD""9 fr?

tat**OBoof*«

iwsr

*OntooC«*
BanlrfTnMWOl**

ONCXIJ to beibfe me

figs K«*
CCI*JEB

res*

• - . davrf

'Bmm.vmfa*

(Vo^fatr-/

J^
... - LOLA M. HALL
NOTARY PUBLIC. STATE OF NEW YORK
. NO.01HA5112693
QUAUHED IN WESTCHESTER COUNTY
TERM EXPiRhS JULY 6,20CS

J2Dj2L

�AFFIDAVIT OF PUBLICATION
from

She Journal News

teased

TOTE OF l e w YORK
OUMTY OFWfcSliaeSTEB

IZ£?i.?

promwm ncorao-l

^tx«r&gt;_
ri n t i e Counfr of 'TO'80»'"--o«.i„£^gH
,*"***« mua be iiv
S» of Iteir YWt andte i ^ ^ ^ ^ i ^

protect copy, «as
P""™" ^ ^
left and on tie J

SS. ^
I
i

It attbUrn

I

«» ebeve r e , * *
mpam&amp;Sty fcr

• cxunptancft.

. I

A l radar* and Unpeieii are
nwftrf to aond and be toerA
Vaeaa Hal ejfianfeappedacI By order oftteBo*4 of Tnakw
of ew vaaoe of Saamr Hotour,
Date*December&amp;MM .

I
Sworntobefore me
Sis l ^ \ -

c^ofSW^c*^

_20/fl

rJhP&amp;s
NotejyP«&lt;fc
LOLA M.HALL
NOTARY PUBLIC, STATE OF NEW YORK

NO.01HA6112693
QUALIRED IN WESTCHESTER COUNT/
TERM EXPIRES JULY 6,2008

I

�Meeting Dale: December 21,2004
Resolution M: 12/213/04

MAYOR AND BOARD OF TRUSTEES RESOLUTION
NOTICE OF INTENT TO ACT AS LEAD AGENCY
WHEREAS, on December 17,2004 the Village of Sleepy Hollow Board of
Trustees ("the Village Board") received a special permit and conceptual site plan
application for the development of a 65-unit affordable senior housing building on the
parking lot at 126 Valley Street ("the Proposed Action"); and
WHEREAS, the Proposed Action also involves the conveyance of Village-owned
land; and
WHEREAS, the Proposed Action is an Unlisted Action under SEQRA; and
WHEREAS, since the Proposed Action would have more than one Involved
Agency, a coordinated review under the State Environmental Quality Review Act
(SEQRA) shall occur; and
WHEREAS, pursuant to the requirements of SEQRA; a Lead Agency
determination must be established prior to a determination of significance for the
Proposed Action; and
WHEREAS, the Village Board is interested in becoming Lead Agency in this
matter;
NOW THEREFORE BE IT RESOLVED, that the Village Board declares its
intent to act as Lead Agency in this matter; and be it further
RESOLVED, that the Village Board will distribute this resolution and the Full
Environmental Assessment Form (EAF) completed by the Applicant to all potential
Involved and/or Interested Agencies and afford them 30 days to comment on the Village
Board's intention to act as Lead Agency for the Proposed Action.

Moved by: Trustee Murray

Seconded bv: Trustee Grala

Vote: Unanimous

�483
Distribution List
Donald Stever, Chairman, Architectural Review Board
Village Hall
28 Beekman Avenue
Sleepy Hollow, NY 10591
Nicholas Robinson, Chairman, Planning Board
Village Hall
28 Beekman Avenue
Sleepy Hollow, NY 10591
Erin Crotty, Commissioner
NYS Department of Environmental Conservation
625 Broadway, 14th Floor
Albany, NY 12233
Village Clerk, Village of Tarrytown
21 Wildey Street
Tarrytown, NY 10591

Richard Weiss, Chairman, Waterfront Advisory Committee
Village Hall',,,-.. ._.„,.
28 Beekman Avenue
Sleepy Hollow, NY 10591
Westchester County Planning Board
County Office Building
148 Martine Avenue, Room 432
White Plains, NY 10601
Marc Moran, Director, Region 3
NYS Department of Environmental Conservation
21 South Putt Comers Road
New Paltz, NY 12561-1696

I

I

I
r-S &lt; t r « .

^^tjz

^sS#*Ji,

aft£PSJ«^s * - ^ | T : « ^ ^ ^ S 3 ^ d ^ 3 ^ 4 i b f u h s ^ ! ^ s SsMSsSC! j f e ^ ^ S J t e « ^ ^ | t f |

�Meeting Date:
Resolution #:

12/21/04
12]u/04

RESOLUTION FOR A PUBLIC HEARING TO ENACT A LOCAL LAW
REGULATING ILLICIT DISCHARGE IN THE VILLAGE OF SLEEPY HOLLOW

WHEREAS, the Village of Sleepy Hollow ("Sleepy Hollow") is required to enact
legislation to regulate the flow of stormwater within its geographical boundaries,
and
WHEREAS, Sleepy Hollow also desires to provide for the health, safety and
general welfare of its citizens through the regulation of non-stormwater
discharges to its storm drainage system to the maximum extent practicable as
required by state and federal law, and
WHEREAS, Sleepy Hollow intends to establish methods for controlling the
introduction of pollutants into the municipal storm sewer system (MS4) in order to
comply with the requirements of the National Pollutant Discharge Elimination
System (NPDES) permit process, and
WHEREAS, Sleepy Hollow, through the adoption of this local law entitled "Illicit
Discharge" intends to: 1) Regulate the contribution of pollutants to the municipal
separate storm system (MS4) by stormwater discharges by any user; 2) Prohibit
illicit connections and discharges to the municipal storm sewer system, and 3)
Establish legal authority to carry out all inspection surveillance and monitoring
procedures necessary to ensure compliance with this ordinance,
NOW THEREFORE BE IT RESOLVED, that the Village of Sleepy Hollow calls
for a public hearing to be held on January 25, 2005 at 8:00 p.m. at Village Hall,
28 Beekman Avenue, to consider the adoption of a local law entitled "Illicit
Discharge".
Moved: Trustee Grala

SeCOnded'Trustee Caposseld/nte'

Unanimous

�•46;V
Meeting Date:
Resolution #:

12/21/04
12/ 21 ^04

Resolution adopting a local law amending Chapter 52A of the General Code
of the Village of Sleepy Hollow entitled "Tree Conservation"
WHEREAS , a public hearing was held on August 17, 2004 to consider the
adoption of a local law to amend Chapter 52A of the General Code of the Village
of Sleepy Hollow entitled T r e e Conservation", and
WHEREAS, the purpose of this local law was to simplify the removal of trees on
private property for local residents, and
WHEREAS, a public hearing was commenced on August 17, 2004 and the public
was provided the opportunity to be heard, and
WHEREAS, as a result of that public hearing this proposed local law was renoticed and re-heard at a second public hearing on November 16, 2004, and
WHEREAS, the Village believes that this local law will best serve the interests of
it residents and is consistent with the intent of local law on Tree Conservation,
NOW THEREFORE BE IT RESOLVED, that this local law amending Chapter
52A of the General Code entitled "Tree Conservation is hereby adopted. This
local law shall become effective upon filing with the Secretary of State.
Moved: T r u s t e e Capossela

S e C O n d e d . " T r u s t e e Spota

V o t e : Unanimous

�466

I
TREE CONSERVATION
Chapter 52A
TREE CONSERVATION
Items underlined represent new language

i

I

§52A-1

Declaration of Policy.

§52A-2

Definitions.

§52A-3

Village Tree Commission and Tree Foreman.

§52A-4

Annual report of Tree Commission.

§52A-4.1

Village Tree Fund.

§52A-5

Tree Commission approval; trees on public.

§52A-6

Trees on private property; public nuisance.

§52A-6.1

Prohibitions.

§52A-6.2

Affirmative obligations of private property.

§52A-6.3

Remediation for landowners' neglect.

§52A-7

Permit requirements for trees Gn private property.

§52A-7.1

Applications for permits.

§52A-7.2

Tree Commission meeting.

§52A-7.3

Permit decision.

§52A-7.4

Notification.

§52A-7.5

Permit restrictions.

§52A-7.6

Parking lots.

§52A-7.7

Inspector.

§52A-7.8

Permit holder, restrictions and obligations.

§52A-7.9

Large Scale obligations and restrictions.

�407
§52A-7.10
§52 A-7.11
§52A-7.12

Refusal and revocation of permit.
Certificate of occupancy and seasonal restrictions
Obligations for screening in areas exceeding 5 acres.

§52A-7.13

Emergency actions.

§52A-8

Appeals

§52A-9

Penalties for offenses.

§52 A-10

Repealer.

§52 A-11

Severability.

§52A-12

When effective.

^

�§52 A-1

Declaration of Policy.

The planting and maintenance of trees have a direct relationship to the health, safety
beauty and welfare of the community, in-as-much as trees provide shade, reduce the need for air
conditioning, absorb air pollution and provide oxygen to the air, stabilize soil and reduce erosion
and flooding, offer a natural barrier to noise and enhance the beauty and appearance of the
Village of Sleepy Hollow. Conversely, indiscriminate and excessive cutting of trees and damage
to trees in order for the creation of subdivisions and on private property cause barren and
unsightly conditions, increase surface drainage problems thereby increasing municipal expense
to control drainage, impair the stability and value of improved and unimproved real property and
cause deterioration of the community, all of which adversely affect the health, safety and general
welfare of the inhabitants of the Village of Sleepy Hollow. Such being the case, it is the intent of
this amended and restated chapter that all the trees, as hereinafter defined, on private as well as
public property within the Village of Sleepy Hollow, shall come under the jurisdiction of this
chapter.
§52A-2

Definitions.

As used in this chapter, the following words shall have the meanings indicated.
References herein to "village officials" shall mean the person from time holding the title
indicated or such other title as may hereafter be designated by the village to have equivalent
responsibilities:
CROWN- The "crown" of a tree shall include its upper trunk stem, leaders and branches.
In general, the leaf or foliage extent (drip line) shall define the size and dimensions of the root
system of the tree.
DEAD TREE- Any deciduous tree which fails to leaf out during the growing and
flowering season or any coniferous tree which sheds all its needles and fails to green in the
growing season may be considered as "dead". Such "dead trees" may constitute a hazard to
people and property if allowed to decay and fall.
DESTROY- With respect to any tree, any action that either immediately or within the
course of a relatively short time [within five (5) years of the initiation of such action], will cause
the death of the tree. Such action shall include but not be limited to causing or permitting oil,
gasoline, herbicide, paint, brine, hot water, steam or other gaseous or liquid or solid substances
which are deleterious to trees to contact any tree or to enter the soil about the base or root system
of, or altering the grade around, any tree in any manner that may injure or kill the tree.
PERSON- Any individual, firm, partnership, association, corporation, public agency,
public utility organization of any kind or any agent of any thereof, excluding the General
Foreman and crew of the North Tanytown Pubic Works Department or Department of

�469
Architecture, Land Use Development. Buildings and Building Compliance and the Village
Architect.
PUBLIC PROPERTY- Every street, highway, public right-of-way to the full width
thereof, between property lines of property owned by persons other than the village, every public
park owned by persons other than the village, every pubic park owned by the village and all
other property owned by the village. This shall include underdeveloped streets and public areas
from which no tax revenue is derived by the village.
SPECIMEN AND/OR HISTORIC TREES- Any tree which by virtue of its legend,
history or municipal importance has been recognized, designated and named a tree of significant
village importance by resolution of the Village Board. Without limiting the generality hereof,
the World War I memorial oaks in front of Morse School along Beekman Avenue are typical of
such a designation.
§52A-3
A.

Village Tree Commission and Tree Foreman

The Board of Trustees shall establish a Village Tree Commission consisting of five (5)
members, namely one (1) member of the Planning Board, two (2) members of the
Conservation Advisory Council, General Foreman and a member selected from among
the residents of the village. In addition, the Board of Trustees shall also appoint a Tree
Officer, who may or may not be a member of the Tree Commission. The members of the
Tree Commission and the Tree Foreman shall serve for such terms as may be fixed y the
Board of Trustees. The Tree Foreman shall be under the supervision of the General
Foreman. All members of the Commission including the General Foreman and the Tree
Foreman shall coordinate all activities through the Department of Architecture. Land Use
Development. Buildings and Building Compliance. The General Foreman and the Tree
Foreman, for the purposes of this local law shall report to the Village Architect.
B.

The General Foreman shall have the right to prune, spray, preserve and feed trees as
necessary to preserve their health or symmetry, to remove any tree or part thereof
which is in an unsafe condition or which, by reason of its nature, is damaging to
sewers or other village improvements and infrastructures and to plans such trees as
may be appropriate under this chapter.

C.

All Determinations made by the Tree Commission shall be by a majority vote of the
members present at a meeting. Three (3) members shall constitute a quorum.

D.

The Tree Commission or its designee and the Tree Officer shall oversee all tree work
on public property, including the work approved by the Board of Trustees under
§52A-4 hereof.

§52A-4

Annual report of Tree Commission.

�Annually, on or before March 1, the Tree Commission shall submit to the Board of
trustees a report making its recommendations as to planting, pruning, spraying fertilizing and
removal of trees on public property.
§52A-1

Village Tree Fund.

There is hereby established a Village Tree Fund. The Tree Commission may request
appropriations for the Village Tree Fund by application to the Village Budget Officer for
inclusion in the village's proposed budget. Upon a finding by the Tree Commission that
compliance, by a person seeking a tree permit, with the requirements of this chapter as to
planting of trees in replacement for those destroyed or for the purposes of screening is not
feasible, in whole or in part on the property which is the subject of permit application, the Tree
Commission may approve the payment by such person or a sum or sums equivalent to the value
of the trees destroyed or the value of the trees required for such screening, as applicable,
according to generally accepted standards in landscaping/landscape architecture profession (i.e.
International Society of Arboculture Guidelines), to be paid to the Village Tree Fund. The
Village Tree Fund shall be held for the sole purpose of planting and maintaining of trees on
public land in the village in accordance with this chapter. Disbursements of moneys in the
Village Tree Fund shall be as recommended by the Tree Commission and approved by the Board
of Trustees.
§52A-5

Tree Commission approval; trees on public property

No person shall destroy of injure any tree on public property or perform any digging
operation (by machine or otherwise) within the root system of any such tree without the prior
written approval of the Tree Commission, which written approval may be made subject to such
conditions as the Tree Commission may deem appropriate to preserve the health of any such tree
or of any other trees standing in close proximity thereto.
Any tree which is growing, in whole or in part, within the village street right-of-way or in
the village property shall be under the care and supervision of the village. Such trees shall be
cares for, pruned, fed and maintained by the village. For the purpose of this section, the street
rights-of-way shall be determined by reference to Table 1.
§52A-6

Trees on private property; public nuisance

Whenever the Tree Commission or the Tree Officer shall find that any tree on private
property, by reason of its condition or of its intrusion (including intrusion of roots) into public
property, constitutes a hazard to vehicular or pedestrian traffic or to the use of fire apparatus or
an interference with street lighting or with the maintenance of public property, including the
village's sanitation and sewer systems, the Tree Commission or the General Foreman, with the
advice and consent of the Village Architect, may issue an order to the owner or owners of said
property to prune or remove said tree or its roots, at his or their own expense, so that it will no
longer constitute such hazard or interference. If such order is not complied with within seven (7)
days, such tree may be pruned or removed by the village, to the extent specified in such order,
and the expense of such pruning or removal shall be assessed on the tax rolls against the owner

�4 (J
»*J

A

or owners of said private property unless such expense is promptly reimbursed by said owner or
owners. Such order may be appealed to the board of Trustees as provided in §52A-8 hereof.
§52A-6.1

Prohibitions.

No person shall:
A.

Without first securing a written permit from the Tree Commission, cause
any wire, insulator or any device for the holding of any wire or cable to be
attached to any tree in any street, park or public place or to cause any wire
or other conductor charged with electricity to come in contact with any
such tree, or place or maintain any pole or post in such manner as to
interfere with any tree or shrub in any area of public property;

B.

Fasten or tie any animal to or attach any sign, bill, card, poster, notice,
advertisement or other attachment to any tree or shrub in any area or
public property or allow any animal under such person's control to injure
such tree or shrub;

C.

Place or maintain on the ground in any public property any stone, soil or
other substance in such manner as to obstruct the free access of air/or
water and nutrients to the root system of any tree, unless such person first
obtains a permit to do so from the Tree Commission ;or

B.

Cause oil, gasoline, herbicide, paint, brine, hot water, steam or any other
substance deleterious to the tree's life to pass onto or into the soil about
the roots of any tree in any area of public property.

§52A-6.2

Affirmative obligations of private property

A.

Trees standing on any private property adjacent to any public street or
other public property an having branches projecting into the pubic street
over a public sidewalk shall be kept pruned by the owner or owners or
occupants of the private property of which such trees are growing so that
its branches shall not be less than fifteen (15) vertical feet above the
sidewalk level. Newly planted trees may remain unpruned for two (2)
years following planting, provided that they do not interfere with persons
using the sidewalk or obstruct the light of any street light or traffic signal.

B.

Hedges, bushes, shrubs, flowers or other growing-plants shall be kept
pruned so as not to obscure traffic signs or vision of motorists approaching
a road intersection. The owner or owner of property shall keep all hedges,
bushes, shrubs, flowers or other growing plans trimmed so as not to
impede pedestrian traffic on village sidewalks.

�472

I
C.

Any tree or shrub which is growing on private property which is impairing
or in any way may impair the security or use of a public sewer or other
pubic place shall be considered a pubic nuisance and shall be removed or
otherwise dealt with by the owners or occupants of the private property to
eliminate the impairment to public safety use.

§52A-6.2

I

Affirmative obligations of private property

If any owner shall neglect or refuse to prune or remove any trees, hedges,
bushed, shrubs, flowers, or other growing plans after being notified, in writing, by the village
that such pruning or removal is required under §52A-6.2 A hereof, the village shall have the
right, after thirty (30) day notice, to cause the pruning or removal to be done and to assess the
expense thereof against the land on which said trees, hedges, bushes, flowers or other growing
plants are located. This section shall not preclude the imposition of a penalty as provided in
52A-6.2 hereof, the village shall have the right, after thirty (30) from the date of such written
notice, to cause the pruning or removal to be done and to assess the expense thereof against the
land on which said trees, hedges, bushes, shrubs, flowers or other growing plants are located.
This section shall not preclude the imposition of a penalty as provided for in § 52A-7.13. No
permit shall be necessary for actions taken pursuant to an order issued § 52 A-6 of this chapter.
The owner of the land shall have the responsibility for obtaining a permit under this section.
§52 A-7.1 Applications for Permits

I

A.

Content of application.

1.

Applications for permits shall be writing on a form prescribed by the Tree
Commission, available fro Village Clerk, and shall be accompanied by plans
showing: existing and proposed building, if any; trees to be destroyed, by type,
sizes and locations; and in the case where more than ten (10) trees are to be
destroyed, existing and proposed contours at two-foot intervals on maps or plans
at a scale no smaller than one (1) inch equals fifty (50) feet. The application shall
set forth the reasons for the destruction of the trees to be destroyed. The Tree
Commission may require additional information, such as the design of walls,
disposition and storm drainage and any other information pertinent to the
individual circumstances. In cases where no construction is involved, the Tree
Commission may, its discretion, waive any of the requirements of this section
relating to the content of applications.

2.

The Planning Board must, as a condition of site plan approval, require that
landscaping, including the designation, planting and initial care of trees for a site
and the removal of trees from any site be considered on the written approval of
the Tree Commission before any certificate of occupancy may be issued by the
Building Inspector.

�473
B.

Property greater than one hundred (100) acres. In the case of any private property
having an area of more than one hundred (100) acres, the Tree Commission may
issue annual permits authorizing the owner thereof to undertake the usual practice
of such owner in thinning out overgrown areas and removal of diseased, dead or
overaged trees. The application for such a permit need only state that the permit
is sought for the foregoing purposes. No such permit shall be applicable to any
area on which land clearing for instruction is in progress or is proposed. The Tree
Commission shall have the right to inspect operations pursuant to such permit and
shall revoke such permit if it finds such operations are inconsistent with this
chapter.

C.

Fee. Each application for a permit under this section shall be accompanied by a
fee of thirty dollars ($30) payable to the Village Clerk.

§52A-7.2

I

Tree Commission meeting

A.

Within thirty (30) days from the date an application for a permit is submitted and
received in its final form by the Tree Commission, the Tree Commission shall
approve or disapprove the application. The Tree Commission shall approve or
disapprove the application. The Tree Commission shall convene a public meeting
by the due notice to its members and shall advise the applicant of the date of such
meeting. Notice of such meeting shall be published in a newspaper of general
circulation in the village not less than seven (7) days prior to the date of such
meeting.

B-

WAIVER:

Upon receipt of an application for a permit for the removal of a
tree from private property, not withstanding the provisions
contained in 52A-7.13. the Tree Commission, may in its sole
Discretion, act as follows:
1.

Upon review of a duly completed application for a permit
for the removal of not more than two (2) trees, the
Commission, with the advice and consent ' of the
Department of Architecture, Land Use Development,
Buildings and Building Compliance, may waive the
necessity of any notice, public • or otherwise, and may
approve or deny an application for a permit.

2.

An informal meeting through telephonic communication,
and a vote similarly taken, is sufficient for the purposes of
this section.

3.

The criteria for a permit pursuant to this section shall be the
same as 52A.7.3

I

I
• --v._-~.srjf**"

*~se*' -J-=-»—-H=W. - --."^ . . « * - » a c ^ ^ = t i - i t - « . i J L % ^ ; ^ « T i * a M «

�474

I
4.

§52A-7.3

1.

i

2.

Any applicant denied a permit, pursuant to this procedure
may, within twenty (20) days of its denial, request a public
meeting and hearing pursuant to this local law.
Permit decision.

A.

The burden of proof shall be upon the person seeking a permit (applicant)
to demonstrate that each tree for which the permit is being sought is on the
property owned by the applicant.

B.

The decision of the Tree Commission shall be based upon the following
criteria, as applicable:

The condition of the tree to be destroyed with respect to
disease, age and hazard.

The necessity of the destruction to accomplish the design or plans of the applicant.
3.

The effect of the destruction on ecological systems.

4.

The effect of the destruction on the character of the site and neighborhood.

5.

Good horticultural and vegetation management practice.

6.

The overall public interest.
§52A-7.4

Notification

Notice of each application for permit shall be sent by the Tree Commission to
each abutting owner of private property for which the permit and the permit was sought, stating
where the application for permit and the permit may be examined. Such owners shall be given
notice of the meeting referred to in §52A-7.2 and shall have the right to be heard at such meeting
shall have the right to be notified of the decision of the Tree Commission and shall have the right
of appeal as provided for by §52A-8 hereof.

I

§52A-7.6

Parking Lots

If any parking lot is to be constructed, having an area of more than one-fourth
(1/4) acre, on any property with respect to which an application for a permit is made, the Tree
Commission shall require in any permit issued that not less than fifteen percent (15%) (measured
in crown breaths) in area of such parking lot shall be covered by trees or bushes, including any
replacement trees or bushes, at the completion of the parking lot.
§52A-7.7

Inspector.

�475
Where a permit provides for extensive tree cutting and/or tree replacement, the
Tree Commission may require the applicant to pay the cost or an inspector to be assigned by the
Tree Commission to supervise that such cutting and/or replacement complies with the terms of
the permit.
§52A-7.8

Permit holder, restrictions and obligations.

The holder of a permit shall perform the work required in a permit in a prompt
and orderly way in accordance with accepted planting and tree surgery practices, including
backfilling all holes, replacement of trees irrevocably damaged during construction by one (1) or
more trees and removal by the Tree Commission. All trees within thirty (30) feet of any
excavation or bulldozing for any structure shall be adequately guarded by a fence, frame or
otherwise during the construction and all equipment, building material chemicals, dirt and other
debris shall be kept at least four (4) feet from each tree. Any tree, including any replacement
tree, which shall fail to survive for a period holder, or the then-owner of the property if other
than the permit holder, or the then-owner of the property if other than the permit holder, within
sixty (60) days following written demand by the Tree Commission [or if the demand is made
between October 31 in any year and April 1 of the following
year, within sixty (60) days such April 1].
§52A-7.9

Large scale obligations and restrictions.

In the event that the requirements imposed under §52A-7.5, 52A-7.7 or 52A7.8 shall
involve any expenditure of over five thousand dollars (S5,000.00), as estimated by the Tree
Commission, the applicant for the permit shall furnish the village with a performance bond
approved as to from the Village Attorney in an amount and sufficient to cover ninety percent
(90%) of such estimated cost. The remaining ten percent (10%) of such estimated cost shall be
in cash in cash, which shall be deposited in a special tree preservation escrow account to be
established by the Village Treasurer. Upon completion of all required planting and restoration to
the satisfaction of the Tree Commission, but not it excess of two (2) years and not in an amount
greater than the original estimated cost. The ten-percent escrow cash deposit shall remain on
deposit with the Village Treasurer until the maintenance bond is cancelled.
§52A-7.10

Refusal and revocation of permit.

In the event that the Tree Commission shall revoke any permit, the Tree Commission
shall have die right, if a performance bond has been furnished pursuant to §52A-7.9, to declare
the performance bond furnished pursuant to§52A-7.9, to declare the performance bond in
default and to apply the proceeds thereof and of the stated escrow cash deposit to perform
restoration work what is required. The acceptance of a permit by an applicant shall constitute the
applicant's agreement that the village may enter upon the property in que4stion for planting and
restoration purposes. Should the cost of restoration exceed the amount of the performance bond
and stated escrow cash deposit, the balance shall be a lien on the property, or, if there shall not
have been a performance bond and escrow ash deposit for the property in question, the costs of
replanting and restoration shall be alien on that property.

�B.

The Tree Commission shall have the right to refuse to issue a permit for the
destruction of tree(s) if it feels the best interests of the public are not served by the
proposed destruction. It may also revoke any permit if the work is not in
proceeding according to the terms of the application or the permit and in an
orderly and diligent manner or if, in the judgment of the Tree Commission, there
was any misrepresentation in the application for the permit.

§52A-7.11.

Certificate of occupancy and seasonal restrictions.

In any case where construction has been or is taking place on any parcel or private
property, no certificate of occupancy shall be issued by the Building Inspector or other authority
until the Tree Commission shall certify in writing that no violation of this chapter exists and that
all work required by this chapter or any permit has been satisfactorily completed, except that,
between October 31 in any year and April 1 of the succeeding year, such certificate of occupancy
may be issued upon the submission of an agreement in writing by the person to whom the permit
was issued, engaged, compliance on his or her part with all requirements hereof and completion
of required planting and restoration work o the reasonable satisfaction of the Building Inspector
or authority on or before May 1 of the next year succeeding such October 31. Any performance
bond and escrow case deposit for such property shall continue in effect until the planting and
restoration work thus deferred is satisfactorily completed. Should the person the permit was
issued to fail to satisfactorily complete the planting and restoration work on or before such May
1, the Tree Commission shall have the right to declare any performance bond in default and to
apply the proceeds thereof and the related escrow cash deposit to the completion of the required
work. Any deficiency, whether or not a performance bond and escrow cash deposit has been
furnished for such property, shall become a lien upon the property.
§52A-7.12

Obligations for screening in areas exceeding 5 acres.

In addition to the plantings required by other provisions of this chapter, the Tree
Commission shall, in the case of any permit application relating to property exceeding five (5)
acres, require the planting of trees of appropriate type and caliper and in sufficient number
effectively to screen the property all roads abutting said property, to the reasonable satisfaction
of the Tree Commission, unless the Tree Commission finds that the existing trees sufficient for
the purposes. This section and its requirements shall be subject to the requirements of §52A-7.9
with respect to the posting of performance bonds and making escrow case deposits.
§52A-7.13

Emergency actions.

In any case where destruction any tree on private property is required because of
imminent and substantial risk or injury to persons or damage to property, the owner of such
property shall use his or her best efforts to seek emergency on-site approval for such action by
the Tree Officer or the Department of Architecture. Land Development. Buildings and Building
Compliance. If such officials are unavailable, the owner may proceed and shall notify the Tree
Officer of such action as soon thereafter as is reasonably possible. Emergency on-site approval
by the Tree Officer or the Department of Architecture. Land Development. Buildings and
Building Compliance may be granted without convening a meeting or giving notice to owners of

�477
a private property within two hundred (200) feet of the property for which the approval is sought
as is otherwise required by 52A-7.4.
§52A-7.13

Appeals.

Any person aggrieved by any decision of the Tree Commission shall have the right,
within twenty (20) days from the date of the decision of the Trustee Commission, to appeal to the
Board of Trustees, which shall review the decision.
B.
Upon hearing an appeal, the Board of Trustees may uphold the decision revoke
the permit, or amend the permit. Appeals may be made by certified letter
addressed to the Board of Trustees at Village Hall.
§52A-7.13
A.

B.

Penalties for offenses.

Any person violating any of the provisions of this chapter shall commit an
offense, the fine for which shall not exceed two thousand dollars f S2.0Q0) and/or
replacement of the tree(s). The destruction or injury of each tree shall be deemed
a separate offense not withstanding any penalties which may be imposed by the
court. Further, any person violating any provision of this local law may be
deemed a disorderly person and subject to imprisonment not to exceed fifteen (15)
days.
In addition thereto, any person violating any provision of this chapter shall be
subject to civil penalty enforceable and collectable by the village in the amount of
two thousand dollars ($2.000.00) per day of violation per tree. Further, any
person who violates this law may be required to replace each tree destroyed.
§52 A-10

Repealer.

Any provision of any local law or ordinance inconsistent with any provision of this
chapter is hereby repealed.
§52 A-11

Severability.

The invalidity of any other portion of this chapter shall not affect the validity of any other
provision hereof which can be given effect without such invalid provision.
§52A-7.12

When effective.

The local law shall take effect immediately.

�478

I
Meeting Date: 12/21/04
Resolution #: 12/216/04

Resolution of the Board of Trustees of the Village of Sleepy Hollow
To Study the Activation of a Police Department K-9 Unit

WHEREAS, it is the desire of the Village of Sleepy Hollow Police Department to study the
activation of a K-9 Unit once utilized by the Village's Police Department personnel; and
WHEREAS, the Village of Sleepy Hollow Police Department has received donations toward the
cost of the K-9 Unit.

I

Now, Therefore, Be It Resolved that the Village Treasurer is authorized to open a Village of
Sleepy Hollow Police K-9 Unit checking account at Sleepy Hollow Bank, utilizing the
accumulated donations to date as the initial deposit; and
Be it Further Resolved, that the Village of Sleepy Hollow Police Department is authorized to
study the activation of a Village K-9 Unit and take whatever action is necessary to accomplish
this study.

Moved: Trustee Grala

Seconded: Trustee Spota

Vote: Unanimous

I
r

- - * j i l - - t-vtr--, »*-. J a-' - » r.-5*rf. %i»£ *s*2-.f&gt;-9*t&amp;U. kfe^ifiri«HF*I

rt^VtSi*JJ**&lt;*SSSiSi&lt;i»8i

�Meeting Date: December 21, 2004
Resolution #: 12£l 7/04

479

MAYOR AND BOARD OF TRUSTEES
RESOLUTION OF NEGATIVE DECLARATION AND REZONING

WHEREAS, Lawrence Doyie, the owner of record of a ±0.46 acre parcel of land located at 16
New Broadway, referred to as Section 116.12, Block 1, Lot 14 (hereinafter the "Property") in the
Village of Sleepy Hollow, and
WHEREAS, on or about October 6, 2004, a petition was submitted to the Mayor and Board of
Trustees of the Village of Sleepy Hollow (Village Board) in which said petition seeks to rezone
the Property from R 4, One and Two Family Residence to C-l," Highway Commercial for the
purposes of reusing the property for professional office; and
WHEREAS, the Village's Waterfront Advisor}' Committee has reviewed the proposed rezoning
and have found it to be consistent with the goals and policies outlined in the Village's Local
Waterfront Advisory Program; and
WHEREAS, the Village Planning Board has reviewed the proposed rezoning as required under
Chapter 62-53.B of the Zoning Code and have provided the Village Board with their
recommendation in favor of the proposed rezoning; and
WHEREAS, the Mayor and Board of Trustees did open and close a duly noticed public hearing
on December 7, 2004 at Village Hall and provided all members of the public to comment on the
proposed rezoning application; and
NOW, THEREFORE, BE IT RESOLVED, that the Village Board, based on the
environmental record before it and in consideration of the recommendations from the other
various Boards and Committee serving the Village, does hereby declare that the proposed action

76S635.1

�480

I
will not have a significant adverse impact on the environment and does hereby issue a Negative
Declaration for the proposed rezoning; and be it further

RESOLVED, the Mayor and board of Trustees does hereby authorize the rezoning of a ±0.46
acre parcel of land located at 16 New Broadway, referred to as Section 116.12, Block 1, Lot 14
from R-4, One and Two Family Residence to C-l, Highway Commercial; and, be it further
RESOLVED, that the Village Board does hereby direct the Village Architect to revise the
Official Zoning Map of the Village to reflect the proposed changes.

i

Moved by:

I
76S635.1

Trustee
Spota

Trustee
Seconded by: Murray

Vote: Unanimous

�481

Meeting Date: 12/21/04
Resolution #: 12£iVQ4

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Mayor to Execute an Agreement for Survey Services
WHEREAS, the Village of Sleepy Hollow has solicited proposals for survey work from
qualified surveyors, and
WHEREAS, Hahn Engineering has reviewed the three proposals obtained and
recommended that the Village accept the low bidder, Professional Land Surveyor,
52 Starr Ridge Road, Brewster, New York, 10509, and
WHEREAS, these surveys are necessary for the Village's existing and future
community development block grant applications.
NOW, THEREFORE; BE IT RESOLVED, that the Board of Trustees herein authorizes
the Mayor to execute a professional services contract with Professional Land Surveyor
and to take any and all necessary steps to effectuate the intent of this resolution.

Moved by Trustee Murray

Seconded by Trustee Graia

Vote unanimous

�f

'.'-" .

I
Meeting Date: 12/21/04
Resolution: 12/ 219/04
Be it resolved that the Board of Trustees does hereby confirm the Mayor's
appointment of Eduardo Roncaneio, 43 Rosemont Blvd., White Plains, NY 10607 as
a part-time Laborer in the Public Works Department at $15.00 per hour effective
December 22,2004. He replaces a previous part-timer in this slot.
Said appointment is subject to approval of the Westchester County Department of
Human Resources and a probationary period of twelve to fifty-two weeks.
Moved:Trustee Grala Seconded:Trustee Capossela Vote: Unamimous

482

�483
Meeting Date: 12/21/04
Resolution #: 12/220/04

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Issuing a Negative Declaration for North Tarrytown Housing Authority
Relating to Valley Street Parking Lot

WHEREAS, the Village of Sleepy Hollow is proposing to enter into an interim lease with the
North Tarrytown Housing Authority in regard to the Valley Street parking lot; and
WHEREAS, such proposed lease constitutes an "action" under SEQRA; and

I

WHEREAS, the Board of Trustees has reviewed a short form EAF in conjunction with such
interim lease.
Now, Therefore, Be It Resolved that the entering into of such lease will not have a significant
impact on the environment, and is further
Resolved, that a negative declaration shall be issued in conjunction with such lease.

Moved: Trustee Capossela

Seconded: Trustee Spota

Vote:

Unanimous

I

I
JC _ f * r - = i s ^ * i i r i e ^ ^ ^ J s d l ^ i L i ^ S ^ 1 ^ ! ^ ^ ^

^ . .*• SaHMfc-J^agfc^i^Ji^^^

�484

I
Meeting Date:

12/21/04

REsolution #:

12/221/04

RESOLUTION

WHEREAS, the Village is the current owner of the Valley Street Parking Lot located
adjacent to Valley Street in the Village of Sleepy Hollow; and
WHEREAS, the Village of Sleepy Hollow has a long range plan to transfer the property
constituting the Valley Street Parking Lot to an entity known as the Westchester Management
Group, a non-fbr-profit development corporation established by the North Tarrytown Housing
Authority; and
WHEREAS, prior to such transfer, the Village of Sleepy Hollow is willing to lease the
Valley Street Parking Lot to the North Tarrytown Housing Authority on an interim basis; and

I

WHEREAS, it is the position of the Board of Trustees that it is in the best interests of the
Village of Sleepy Hollow to enter into an Interim Lease with the North Tarrytown Housing
Authority which would allow the Housing Authority to operate the Parking Lot for one year,
namely from January 1, 2005 to December 31, 2005 with parking fees paid to the Village and
other operation and maintenance expenses including taxes paid for by the North Tarrytown
Housing Authority; and
WHEREAS, the Board of Trustees has reviewed the attached Interim Lease and finds the
same satisfactory;
THEREFORE, IT IS RESOLVED that the Board of Trustees of the Village of Sleepy
Hollow hereby approves the entering into of a lease between the Village of Sleepy Hollow and
the North Tarrytown Housing Authority for the Valley Street Parking Lot for a period of one
year; and it is further
RESOLVED, that the Mayor of the Village of Sleepy Hollow on behalf of the Board of
Trustees is authorized to execute such Lease Agreement on behalf of the Village.

Moved:

Trustee Capossella

Seconded:

Trustee Spota

Vote: Unanimous

I
2*»/ll/27t7J2Vl 12/21*4

-*••

.d^tfSfiBtt^HI

-

,.

r

,;.._£_ j .

;

^ .

_,.-.,,. *%4-;A

�485
LEASE AGREEMENT
BETWEEN
THE VILLAGE OF SLEEPY HOLLOW, AS LANDLORD
AND
NORTH TARRYTOWN HOUSING AUTHORITY, AS TENANT
1.

PARTIES

This Lease Agreement is between the Village of Sleepy Hollow, a municipal
corporation liaving an office at 28 Beekman Avenue, Sleepy Hollow, New York 10591,
hereinafter called "Landlord" and North Tarrytown Housing Authority ("NTHA"), having an
office at 123 Valley Street, Sleepy Hollow, New York 10591 hereinafter called "Tenant".
2.

PROPERTY LEASED

The Landlord hereby leases to the Tenant the property known as the Valley Street
Parking Lot, located at Valley Street, Sleepy Hollow, New York. The property leased is outlined
in red on the annexed map and is described on the Village of Sleepy Hollow Tax Map as
3.

PURPOSE OF THE LEASE

Tenant agrees to lease the above indicated parking spaces to be used as an interim
parking lot for utilization by residents of the Village of Sleepy Hollow . The permanent use of
the premises will be for affordable housing.
4.

TERM OF LEASE

The term of this Lease is for one (1) year, beginning on January 5, 2005 and
ending on December 31, 2005.
5.

RENT
The total rent for the term of this Lease is Ten Dollars.

6.

USE OF THE PREMISES

The premises leased shall be used solely as a parking lot for the residents of the
Village of Sleepy Hollow. Priority is to be given to those residents who currently have permits
for the lot. Priority for remaining spaces is to be given to residents of 126 Valley Street and 79
College Avenue. Three spaces are reserved for employees of North Tarrytown Housing
Authority.
7.

CONDITION OF PREMISES
Tenant takes possession of the premises in its "as is" condition.

8.

TENANT'S DUTY TO REPAIR AND MAINTAIN

2476/92/278753 VI 12/2I/W

�The Tenant is responsible for the operation and maintenance of the premises and
shall undertake ordinary repairs at its own expense. Tenant shall keep the property and parking
area neat and clean and take any necessary measures to properly maintain the parking lot.
9.

ENFORCEMENT

Tenant agrees to administer and enforce the Village of Sleepy Hollow municipal
parking lot requirements.
10.

ACCESS TO PREMISES

Tenant agrees that Landlord shall have the right to enter onto and upon the
premises, or any part thereof, at all reasonable hours for the purpose of examining the same or
making repairs or alterations as may be necessary for the safety and preservation thereof and also
for the purpose of enforcing the parking privileges.
11.

ALTERATIONS BY TENANT

Tenant shall not make any alterations, additions or improvements to the leased
premises without the written consent of the Landlord.
12.

LIABILITY

Landlord is not liable for loss, expenses or damage to any person or property
unless it is due to Landlord's gross negligence. Tenant shall pay for damages suffered and
monies expended by Landlord relating to any claim arising from any action or neglect of Tenant.
13.

ASSIGNMENT OR SUBLET

Tenant may not sublet all or any portion of the premises or assign this Lease or
permit any other person to use the premises other than those Village residents who otherwise
have the right to utilize said parking lot.
14.

TAXES AND EXPENSES

Tenant shall be responsible for the payment of all taxes and expenses related to
the leased premises.
15.

SNOW REMOVAL

Tenant agrees to remove snow and ice from the leased premises as well as the
access road to the leased premises.
16.

INSURANCE

Tenant shall provide an appropriate certificate of insurance covering the leased
premises in amount satisfactory to the Village naming the Landlord as additional Insured.

247MK/27»753 VI 12/21/M

�487
17.

PARKING FEES

Tenant shall be responsible for collecting all parking fees for the use of the
Premises. All parking fees collected from Village residents, who are not residents of 126 Valley
Street, will promptly be paid over to Landlord upon receipt.
18.

TENANT'S DEFAULTS AND LANDLORD'S REMEDIES

A.
Landlord may give five (5) days written notice to Tenant to correct any of
the following defaults: (1) failure to turn over parking fees; (2) improper assignment of the
Lease, improper subletting all or part of the premises, or allowing another to use the premises;
(3) improper conduct by Tenant at the premises; (4) failure to fully perform any of the terms of
this Lease.
B.
If Tenant fails correct the defaults in Section A within the five (5) days,
Landlord may cancel the Lease by giving Tenant a written three (3) day notice stating the date
the lease term will end. On that date Tenant must vacate the premises.

I

C.
If the Lease is canceled, or rent is not paid on time, Landlord may in
addition to the other remedies take any of the following steps: (1) enter the premises and remove
Tenant or any other person or property; (2) use, dispossess eviction or other lawsuit in order to
take back said premises.
D.
If the Lease is ended or Landlord takes back the premises, rent for the
unexpired term becomes due and payable.
19.

WAIVER OF JURY, COUNTERCLAIM, SET-OFF

Landlord and Tenant waive trial by jury in any matter which comes up between the
parties under or because of this Lease (except for personal injury or property damage claims). In
a proceeding by Landlord to obtain possession of the premises, Tenant shall not have the right to
make a counterclaim or set-off.
IN WITNESS WHEREOF, the parties have set their hands and seals (or caused these
presence to be signed by their proper corporate officers and caused their proper corporate seal to
be hereto affixed) this
day of, December 2004.

I

VILLAGE OF SLEEPY HOLLOW
By:

NORTH TARRYTOWN HOUSING
AUTHORITY

By:
2476/W/27H753 VI 12/2I/M

I
,IN#&amp;. •c-'tfjs S'salt^HiS^-^Sr^fc; * _ ^ ^ * * ^ ^ l - ^ i * ^ ^ i ^ j £ ^ ^

�488

^

I
Meeting Date: 12/21/04
Resolution #: 12£22/04

Resolution of the Board of Trustees of the Village of Sleepy Hollow
To Confirm Establishment of Mayor's Fire Department Advisory Board

Be it Resolved that the Board of Trustees of the Village of Sleepy Hollow does hereby confirm
the Mayor's action establishing a Mayor's Fire Department Advisory Board.

H

Moved: Trustee Spota

Seconded: Trustee Murray

Vote: Unanimous

�489

MAYOR'S FIRE DEPARTMENT ADVISORY BOARD
(MFDAB)
Fire Department Members:
Deputy Chief John Korzelius, 525 Riverside Drive, Apt. 2, SH, (Cell 804-4027)
Former Chief Robert Moon, P.O. Box 814, SH bcmoon409.aol.com
Former Chief William Hennessey, 95 Beekman Avenue/Apt. 447V, SH (H. 631-1138)
Former Chief John Cellante, 28 Cedar Street, SH (H.631-3096)
Former Chief Richard Green, 65 New Broadway, SH 631-0255 qreenrl945@aol.com
Former Chief Richard Gross, 23 Elm Street, SH (Cell-804-4011; H. 631-5221)
Former Chief Glen Amesbury, 173 Valley Street, SH (W. 845-365-9516)

I

Special Advisor to the Mayor:
William (Bill) Ryan, 117 New Broadway, SH
Ambulance Corps Member:
Captain Todd Spota (Cell 804-1836), 34 Pine Street, SH (tspota@hotmail.com1)
Police Department Liaison Member:
Lt. Gabriel Hayes
Ex-Officio Fire Department Members:
Chief Engineer Jose Ojito (Cell 804-51 llHsnfd2311@aol.com)
Second Assistant Chief Bill Hennessey, (Cell 490-8073)

I

Board of Trustees Member:
Trustee Richard Spota, Fire Commissioner, (H. 631-8180) pspota@aol.com

I

�490

I
PUBLIC WORKS REPORT
DECEMBER 21, 2004
PLEASE NOTE!!!!!!
HOLIDAY SCHEDULE
VILLAGE OFFICES ARE CLOSED FRIDAY DECEMBER 24™ AND
DECEMBER 31 S T .
CHRISTMAS WEEK AND NEW YEARS WEEK GARBAGE IS AS FOLLOWS:
THURSDAY'S GARBAGE WILL BE PICKED UP ON WEDNESDAY ALONG
WITH RECYCLING,
REGULAR FRIDAY GARBAGE PICKUP WILL BE ON THURSDAY.
WE HAD A MINOR SNOWFALL SUNDAY INTO MONDAY AND OUR SALT
SPREADERS WERE OUT SALTING T H E ROADS.

I

LEAVES WILL CONTINUE TO BE PICKED UP UNTIL DECEMBER 3 0 T H
WITH VACUUM. AFTER THAT LEAVES MUST BE BAGGED AND PLACED
AT THE CURB.
A NEW STORM DRAIN HAS BEEN INSTALLED ON GORDON AND
KATRTNA.
TREE TRIMMING/REMOVAL HAS BEEN ONGOING.

�491
ADMINISTRATIVE REPORT
DECEMBER 21, 2004
A NEW CEILING WILL BE INSTALLED IN COLUMBIA HOSE SHORTLY.
A NEW ROOF WILL BE INSTALLED IN RESCUE HOSE FIRE HOUSE.
A NEW ROOF HAS BEEN INSTALLED ON THE SHAFT 10 PUMP HOUSE.
THE MAIN OFFICE OF VILLAGE HALL WILL BE PAINTED SHORTLY.
A NEW COMPUTER ROOM WAS CONSTRUCTED IN THE ATTIC A FEW
MONTHS AGO.

I

THE STORAGE AREA ON THE THIRD FLOOR HAS BEEN UPGRADED TO
BE ABLE TO STORE A LOT MORE FILES.

I

I
s:-*- - -h, *„•* ^ i ^%'-t^-^^sir^^^sd^^s^M^S^'^^'^^'^^

&gt;^^j^-,^£vxk£b^

�</text>
                </elementText>
              </elementTextContainer>
            </element>
          </elementContainer>
        </elementSet>
      </elementSetContainer>
    </file>
  </fileContainer>
  <collection collectionId="83">
    <elementSetContainer>
      <elementSet elementSetId="1">
        <name>Dublin Core</name>
        <description>The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.</description>
        <elementContainer>
          <element elementId="50">
            <name>Title</name>
            <description>A name given to the resource</description>
            <elementTextContainer>
              <elementText elementTextId="12284">
                <text>Board of Trustees Meeting Minutes &amp; Resolutions-2004</text>
              </elementText>
            </elementTextContainer>
          </element>
        </elementContainer>
      </elementSet>
    </elementSetContainer>
  </collection>
  <itemType itemTypeId="1">
    <name>Text</name>
    <description>A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.</description>
  </itemType>
  <elementSetContainer>
    <elementSet elementSetId="1">
      <name>Dublin Core</name>
      <description>The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.</description>
      <elementContainer>
        <element elementId="50">
          <name>Title</name>
          <description>A name given to the resource</description>
          <elementTextContainer>
            <elementText elementTextId="6230">
              <text>MINS_TRUST_2004-12-21</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="49">
          <name>Subject</name>
          <description>The topic of the resource</description>
          <elementTextContainer>
            <elementText elementTextId="6231">
              <text>Board of Trustees Minutes-2004</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="40">
          <name>Date</name>
          <description>A point or period of time associated with an event in the lifecycle of the resource</description>
          <elementTextContainer>
            <elementText elementTextId="6232">
              <text>2004</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="47">
          <name>Rights</name>
          <description>Information about rights held in and over the resource</description>
          <elementTextContainer>
            <elementText elementTextId="6233">
              <text>Village of Sleepy Hollow All Rights Reserved.</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="51">
          <name>Type</name>
          <description>The nature or genre of the resource</description>
          <elementTextContainer>
            <elementText elementTextId="6234">
              <text>Text</text>
            </elementText>
          </elementTextContainer>
        </element>
      </elementContainer>
    </elementSet>
  </elementSetContainer>
</item>
