PB Minutes 5-9-06(1)

Minutes

Work Session of the Planning Board

Village/Town of Mount Kisco

Tuesday May 9, 2006

Chairman Cosentino opened the meeting with the pledge of allegiance at 7:30 p.m. Tuesday May 9, 2006 at the Municipal Building Mount Kisco, New York

Members Present: Joseph Cosentino

Anthony Sturniolo

Doug Hertz

Stanley Bernstein

Sol Gibbons

Joseph Morreale

Ralph Vigliotti

Members Absent: None

Staff Present: Whitney Singleton

Nanette Bourne

Michael Stein

Staff Absent: None

Chairman Cosentino: The first thing on the agenda is the minutes.

Stanley Bernstein: I move that we accept the minutes of the meeting Tuesday April 27, 2006.

Doug Hertz: Second

Board All Ayes to approve the minutes of April 27, 2006

Chairman Cosentino: I am going to change the agenda around. We are going to call the Saw Mill Club first.

Final Action:

Robert Davis, attorney for the applicant, Rick Buseman, owner

Chairman Cosentino: We have a resolution.

Nanette Bourne: The resolution in the packet that shows the changes from the last meeting. Since there were so many changes I wanted you to see what was added and what was deleted. For you consideration the action I have copies of the resolution that are clean. I have added what I know to be the case with regards to fees.

Chairman Cosentino: I am going to start with counsel first. You have looked at it and examined it. Do you find anything that you would like to share with the board?

Whitney Singleton: There are one or two items that are proposed. Page 4 of the clean resolution. I recommend that the last two whereas clauses be deleted. They are to be replaced in their entirety with the following proposed language. Whereas the village of Mt. Kisco building inspector has prepared a report dated 4/19/06 analyzing the parking demands and that the same proposed 266 spaces is currently adequate to meet the anticipated parking demand based upon the building square footage. Those are principal and accessory uses and the programs detailed in reference to.

Robert Davis: I have no problem with that.

Chairman Cosentino: Are they the only changes you have?

Whitney Singleton: Yes.

Chairman Cosentino: Is there anyone on the board that has any changes on the resolution.

No comment from the board members.

Chairman Cosentino: We have a resolution before us.

Doug Hertz: I have a question on page 3 of the clean resolution. There is a blank on the whereas. The public hearing dates.

Nanette Bourne: I need to fill that in. I believe it was opened and adjourned and closed. I need to get the right dates.

Stanley Bernstein: I don't think we ever voted on that proposal. We never took a vote on that.

Nanette Bourne: There is no vote needed for the wet land permit.

Doug Hertz: We did hold it open for written comment for ten days.

Whitney Singleton: I believe the applicant has previously submitted an EAF plan identifying the action and unlisted action. He should take action declaring that to be issuing a NEG DEC of the boards desire prior to acting on the resolution. I am sorry it has already been acted on.

Ralph Vigliotti: I will move on the resolution of approval for modification to the approved site plan. Modification special permit to disturb sensitive natural wet areas on the expansion. Application #PB2003-09. The date of action is May 9, 2006.

Doug Hertz: Second.

Chairman Cosentino: On the question?

Anthony Sturniolo: I have a question on page 3 of the resolution. The 5^th whereas on the clean version. There is a blank.

Nanette Bourne: Is that the public hearing?

Anthony Sturniolo: No it refers to x amount of acres or a portion of acreage in Bedford.

Nanette Bourne: I have filled that in.

Robert Davis: It is 3.4 acres.

Anthony Sturniolo: I have a question on the clean version page 6 #22. Whitney who is the person who is going to do the monitoring of the village wetlands? The village inspector or representative of the building department? Who is the who in the building department that is going to be responsible for the oversight of #22?

Whitney Singleton: That would be either Austin or Michael, depending on who is in the office on a particular day. They would contact us and that office would be sent.

Anthony Sturniolo: Does that need to be spelled out?

Whitney Sturniolo: It is sufficient.

Chairman Cosentino: Would the secretary poll the board.

Anthony Sturniolo: Page 1, Whitney where it says parking fees, do we have to insert a number in there?

Whitney Singleton: It is in there.

Stanley Bernstein; I want to declare a statement before I vote no. What is now called the wetlands buffer in which Schoor Depalma has put all these wonderful storm water treatment areas, was not a buffer. At on time that was the wet lands. It has been filled in. I am not saying you are complicate in this exercise. I have been speaking with the state on a number of occasions and they seem to feel that it is of no consequence. That is what the state feels. I want to read something that has to do with and based on another applicant. This is from the DEP. The applicant is proposing to locate storm water management structures within the 100 foot area of the regulated wet lands. Placement of storm water management practices within wet land buffer is a practice that DEP has consistently discouraged as a construction activity. The associated loss of ground cover may ultimately reduce the beneficial water quality function that wet lands typically provide. DEP urges the projects consider alternative site lay outs that avoid disturbance of the wet land buffer. In Schoor Depalma's brochure that they put out attracting clients. They do show a very elaborate water control basins and area. They still allow and seem to insist upon an additional fifty feet beyond that point. Which means the buffer itself is only taken by half. Half the buffer is still intact and the other half is storm water treatment. That is your advisor Schoor Depalma has done in another brochure. I am completely annoyed with the entire situation. I am voting no.

Chairman Cosentino - Aye

Vice Chairman Sturniolo - Aye

Ralph Vigliotti - Aye

Sol Gibbons - Aye

Joseph Morreale - Aye

Doug Hertz - Aye

Stanley Bernstein - Aye

Chairman Cosentino: Good luck

Robert Davis: I know the board has put a lot of work into this careful consideration. You are all volunteers and we gratefully appreciate you time. The applicant is aware of the plans for one or two more traffic lights on Kisco Avenue and wants to donate $5,000 as part of the village's fund to support that effort. Thank you.

Webster Bank - 134 Main Street - Application #PB2006-11

Pam Rosenbloom, architect Joseph Riina, design consultant and Robert Carney, Vice President of real estate for Webster Bank representing the applicant

Joseph Riina: Webster Bank is proposing a new branch to be located at 134 E. Main Street, south of Village Hall. The site is currently occupied by a service garage and also truck rentals. These are photos of the current use on the property. The site as it exists now within the last year the entire site was paved. Within that year it has gone with a site clean up. The site has 2 curb cuts in the front and 2 in the back that exist onto Blackeby. The existing building is approximately 1,500 square feet. The parcel is about a 1/3 of an acre in size. The building will be located in the southeast corner of the site. The footprint will be 1,835 square feet. The ledger needs to be corrected here. It will be a 2 story building not a one. The calculations need to be modified where we show 14 parking spaces. !0 spaces are required but we providing 16. Access will be through the existing curb cuts. The curb cut in the rear on Blackeby will remain. There will be 2 way circulations, entering and leaving. We have a 1 one way in and a 1 one way out in the back. We will have a drive through teller going on the south side of the building out to East Main Street. This will be a teller not an ATM machine. We have shaded some areas in green. Those are the landscaped areas which currently do not exist on the site. We do see the amount of impervious area on the site by about 15%. Our storm water will be handled in a subsurface system. WE have only done preliminary work on it so far. We have met with the DEP and a pre application conference with them. As well as site meeting and did some testing in the rear of the property. To see what kind of system we can facilitate below the parking area. Our storm water management system will require a connection to the town system in the parking area. This needs to be further explored. ON March 22, 2006 we entered an application for conceptual review, submitted an EAF and received comments from the building department. Do you want to discuss those?

Anthony Sturniolo: Are you referring to a March 26^th memo?

Joseph Riina: The April 26^th memo.

Anthony Sturniolo: Why does Mt. Kisco need another bank?

Robert Carney: The research done by the bank show that it is in support of another financial institution. Base on the information they gave me. It says it can definitely support another bank.

Anthony Sturniolo: The village can support another bank, but why do you think that we need another bank?

Robert Carney: Webster Bank caters to the home owner and medium to small business. WE are not one of the big boys. WE are your 17 million the bigger banks are 200-300 million dollars. So I think we can provide a service to Mt. Kisco that other people don't do. WE get involved with the communities we are in. Our employees get involved and the company gets involved. I believe we can be an asset to this community. We have shown that throughout Westchester County. We have opened 5-6 branches and we received approval for another 2. Westchester County can use this service that Webster has.

Pam Rosenbloom: It will also bring employment as well. They hire local talent. They don't bring talent from other places.

Anthony Sturniolo: The idea of having parking spaces downtown in MT. Kisco is going to be scrutinized by this village. So that these free parking spaces are not abused. By driving in and parking and taking the train into the city and coming home and picking up their cars at the end of the day. The parking is going to be a very big deal for this particular location. How it is handled as well as the ingress and egress and the automatic teller machines. You are smack in the middle of down town Mt. Kisco.

Chairman Cosentino: I think looking at it briefly I am concerned with the 2 curb cuts in the front are not to healthy. They within 50 feet apart as the building inspector pointed out. I do not think that is a good idea.

Joseph Riina: The teller is not going to be where the main traffic flow will be.

Chairman Cosentino: It is still onto a main traffic road. I don't think there is one building that has 2 curb cuts.

Joseph Riina: Webster bank is willing to control this and make a right turn only if that makes it more palatable.

Robert Carney: We can also chain this off. This is limited hours.

Chairman Cosentino: That doesn't change my mind about 2 curb cuts. I do not like 2 curb cuts. 50 feet apart on main road. Totally against it.

Also the building inspector brings that out. I think it is dangerous and especially where it is. Where are your snow removal going to go and your dumpster?

Joseph Riina: Our dumpster is going in this landscape isle in here. WE will probably use some of the landscape areas and particularly this area here for snow removal storage.

Anthony Sturniolo: Then you defeat the purpose of landscaping. You are going to have a dumpster on it.

Chairman Cosentino: WE do not want to see a dumpster on landscaped areas. You have to find another place that is not landscaped.

Robert Carney: We have some branches that we remove the trash from the site and there is no dumpster. We are willing to do that.

Chairman Cosentino: Those are my concerns.

Joseph Morreale: I will second what my colleagues said about the parking. I am very concerned about that. This is a very central location downtown. You have a restaurant and a movie theater. As soon as I looked at the plans and realized you were putting in a teller window in whatever which way those cars go. You have going to have a lot of people walking across the street to the theater and I think that is very dangerous. Teenagers and kids going back and forth. This movie theater appeals to families.

Pam Rosenbloom: Is most of the movie theater traffic in the evening?

The bank has very short hours typically. The drive up teller will be about 9-4. This is not an ATM.

Joseph Morreale: Are you open on Saturday?

Joseph Riina: Saturday morning only.

Anthony Sturniolo: The movie theater is packed on Saturday with kid shows.

Robert Carney: Twelve o'clock we will close.

Joseph Morreale: When you mentioned where the dumpster is you are right next to the entrance to the restaurant in the back. I am happy to hear that you are not going to put it there. The other thing that I was curious about is 1.835 square foot building for a bank. What kind of traffic does that generate?

Joseph Riina: We have not done a traffic study at this point.

Joseph Morreale: I am sure your experience from other banks can give you an idea.

Joseph Riina: With a new branch we may be getting 50 a day.

Joseph Morreale: With the heavily traveled down town street and you are putting in a left hand sign off the main road coming into the bank. Right? Joe, when you said not 2 curb cuts which one would not be there?

Chairman Cosentino: The one closest to the movie. The bottom line this is a conceptual. I am totally against the curb cuts and maybe you might want to think about removing the teller machine and not having it.

Pam Rosenbloom: Have there been real problems with the 2 curb cuts that have been existing on this site? This has been an on going business for a number of years.

Chairman Cosentino: In the 1950's it wasn't a problem, the 60's wasn't a problem, the 70's wasn't a problem, and the 80's wasn't a problem. The beginning of 1990 was a big problem. We are trying to make the road better. By making it better we are trying to reduce curb cuts. As a conceptual I am saying you might have a better chance if you remove and not have it. If you are going to come back with it again I am going to say the same thing.

Joseph Morreale: I am going to worry about the traffic flow. You are coming off of Main Street. You have 2 way traffic according to what you have here. I could easily speed down the road and now we are going to have the need for another traffic light. I just think this needs to be carefully looked at. Because if it generates the kind of traffic I am worried about and we are already talking about the movie theater and a dangerous situation for children. You are going to have a tough time.

Joseph Riina: Would you be against if this was entering only? So you would only have one curb cut?

Chairman Cosentino: I don't want to see 2 curb cuts. That is my opinion. One curb cut.

Joseph Morreale: I don't know the answer to that. You tell me people are only going to make a left turn or a right turn or what into that. That is a real big issue.

Chairman Cosentino: It is a busy street. You have a deli across the street that is very busy in the afternoon. Every one of these curbs we have to take into consideration. For a business to have 2 curb cuts let alone one. Actually you will have 4. You will have 2 in the back.

Anthony Sturniolo: That is going to bring up another issue of using it as a cut through between this property and the parking lot at Blackeby lot.

Doug Hertz: I see that as a much more serious problem, than whatever traffic is going to be generated by the business.

Anthony Sturniolo: That is a short cut through.

Doug Hertz: Any possibility of short cuts to be taken will be taken advantage of.

Chairman Cosentino: You might not want to have the cuts in the back.

Doug Hertz: Or the cuts in the front.

Pam Rosenbloom: This is just a conceptual and I asking the question and concern about the parking. Is there the opportunity to be using the majority of the parking in the municipal lot and need the required parking?

Chairman Cosentino: No you need the required parking within your property. We are saying ingress and egress you have some problem spots. It is up to you to do what you have to do to correct them. WE are not crazy about the back and not the front either.

Ralph Vigliotti: Additionally where the handicap parking space is. We have been trying to get developers and builders not to have that type of parking situation. Particularly on a main street. Cars will end up being backed up while this car backs out. Creating some difficulty for the main street. My recommendation where ever we go and this is conceptual that this be a buffer. You need to get the cars in. Cars are backing out then these cars back up on to the main street; it is too tight here to the curb. Certainly not esthetically speaking it is not a nice look to have it right up on the sidewalk a car sitting there. You have a nice little buffer here but nothing on this side.

Chairman Cosentino: Also where your sidewalk is is it indicated by the brown.

Joseph Riina: Yes.

Chairman Cosentino: If you notice the bank up the street, your competitor, Commerce. You see how they set it back from the sidewalk. It is not right on the sidewalk. You may want to consider that also. I think the ARB would suggest that anyway. You have site work to do.

Doug Hertz: We were unclear 1 or 2 story because it was listed both ways. What is the second story is it bank office?

Robert Carney: It is all bank office, conference room, and kitchen.

Chairman Cosentino: The problem is the building cannot support a one floor and get everything on it.

Doug Hertz: I just wanted to make sure there were no secondary tenants.

Pam Rosenbloom: No.

Chairman Cosentino: You need to work on the back and the front. As far as I am concerned eliminate the teller.

Doug Hertz: Or if you are going to have a teller perhaps that circulates within the space.

Ralph Vigliotti: The back is a possibility. I would like to see at some point what you are proposing for the look of the bank and how it might fit into the town and country look that we see. You are very close to town hall and the library.

Pam Rosenbloom: I can show you what our facades are for preliminary of the bank. We were told this is similar to one of the newer buildings that had gone up and liked very much. The one at the corner of Smith Avenue. This is not the bank's prototype. They want to come in and be friendly and neighborly and develop your village the way you would like it to be. This is preliminary and I have just started developing this project. This was the approach we are going to be taking.

Joseph Morreale: The one other suggestion I get you to think about is if you centered the building on the lot. It would take away from this huge parking on the right side. If you don't put the drive up window on left side and put it in the back, then you have the ability to for parking on the other side of the building. Then not have the curb cut in the front.

Chairman Cosentino: What is the width of the building?

Pam Rosenbloom: The building is about 31 feet wide. This is the depth of the building.

Chairman Cosentino: I don't know how you will fit all of that in 31 feet.

Ralph Vigliotti; It is a nice looking building. There just is this appearance of all this parking. Very little building façade on Main Street, but all parking. As we get close to the village hall parking is to the rear. You don't see this as you get closer to village hall. You don't see the parking in your face. This is in your face. You might turn the building and create more parking in the back. I think it would be a better look for Main Street.

Chairman Cosentino: I think it is a good project for the site. I think it has to be thought about a little more to make it work. The next time you return you will come with a formal application.

Anthony Sturniolo Also the memo highlights fire lanes, need to be shown and marked. That will make it even tighter. How many employees?

Robert Carney: The second floor is just the kitchen and the bathroom and a conference room. Downstairs is where the tellers would be and customer service. About 5 people.

Filippo Simone - 127 Barker Street - Application #PB2005-05

Daniel Simone, architect for the applicant

Daniel Simone: I appreciate the ability to back to you under conceptual review. We had gotten some comments on the original site plan relative to parking and building configuration. Concerns about access between the two parcels. This is another site plan generated as an alternate which provides all access to the building within the site itself. In addition we provided some conceptual renderings of the type of structure we are looking to place on site. The structure would be used for general office, non medical and non dental.

Chairman Cosentino: This is going to be completely separate from the station right?

Daniel Simone: Yes. The original application when we came in, we considered an alternate access and there was some concern between mixing the parking on different parcels.

Chairman Cosentino: We have separate ingress and egress?

Daniel Simone: Yes.

Chairman Cosentino: Separate building separate lot. It supports its own.

Daniel Simone: Correct.

Ralph Vigliotti: I read that it was a new office building with storage yard? There is no storage yard?

Daniel Simone: No. We are proposing the building with a basement. For mechanical and a door in the back to potentially to get a car located within the basement. The basement would be utilized for mechanical and storage. It has been another potential parking spot to the site. For either the owner of the building or tenant. This plan provides 10 space as opposed to the 9 required. The basement spot would give it an extra one.

Chairman Cosentino: it is a nice looking building.

Anthony Sturniolo: It would stand alone, its own parking entrance, egress. Totally separate from the gas station.

Daniel Simone: Yes.

Ralph Vigliotti: This will go through the ARB?

Daniel Simone: It will.

Ralph Vigliotti: The stone that you showed are you fixated on that?

Daniel Simone: No, this is conceptual. We thought of making a monumental entrance off setting with the stone.

Ralph Vigliotti: You have come a long way and I like the look. There is a business across the street that has fieldstone. This looks more like cut stones.

Daniel Simone: Yes more like an edge stone.

Ralph Vigliotti: I am not sure how that might work in with the rest of the neighborhood. Cut stone is a new look or continuation of an existing look.

Daniel Simone: I think they also have a rubble stone wall in the front. Fieldstone may be a nicer look for this building.

Ralph Vigliotti: I am not sitting on the ARB. I think the fieldstone verses the cut stone has a nicer and gentler look. Otherwise it looks very nice.

Anthony Sturniolo: I too would echo what Mr. Vigliotti has said and keep in mind what is across the street. Overall the design looks very nice.

Joseph Morreale: Ingress and egress are all through the same driveway?

Daniel Simone: Yes. Under subdivision for this parcel this area was determined to be the best from a visibility stand point about 10 years ago. At that point there were also different circumstances. Barker Street had no stop signs so there was concern of excessive speed on this road. Since then they have installed 2 stop signs at the intersecting roads. It has mitigated some of the speed.

Joseph Morreale: My concern is how the people making a left coming up Barker and making the left at that curb cut. Would they see the cars coming down?

Daniel Simone: This is a very short transition. This double lane will allow these cars to remain in place.

Joseph Morreale: That is not my point.

Daniel Simone: Coming around this bend? This was actually the area. From here you have much better visibility on Barker St. The concern which was the constricting exiting vehicles, looking up Barker St. This provided the best sight line from that point. The Barker ST. vehicles have a better sight line.

Doug Hertz: The parking in the rear appears from this layout that this is meant to be accessed by vehicles. Otherwise there would be parking along this back line.

Daniel Simone: We kept this open so you could do a three point turn. These spaces can back out and exit. It is these 3 spaces which may require some maneuvering into this space here.

Doug Hertz: The cars that are going to park behind, what is their access to the building?

Daniel Simone: The sidewalks here. No rear access.

Nanette Bourne: The status of drainage?

Daniel Simone: I know it is in the main street district. We are looking at sub surface on site retention for the drainage. This area here under the parking area is pretty deep well drained soil. There is a rock ridge which runs shallow to the surface in the front. We are considering utilizing all the area in the back for on site detention.

Nanette Bourne: You need to get some feed back on that will be important.

Daniel Simone: Prior to making the formal application I will sit with them with a pre-application.

Chairman Cosentino: You can move forward with a formal application. Nice Design.

Daniel Simone: Thank you.

Final Action:

Ability Beyond Disability - 120 Kisco Avenue - Application #PB2004-15

David Steimetz, Brad Schwartz, attorneys for the applicant, Tom Fanning, applicant, Harold Telovwitz, attorney for owner of the property

Chairman Cosentino: We have a resolution.

Nanette Bourne: I have clean copies of the resolution. I have filled in and updated the information concerning their fees.

Brad Schwartz: Tonight we are paying the parking fees.

Chairman Cosentino: we have our draft resolution. Whitney have you read this draft and are there any changes?

Whitney Singleton: I have no issues.

Nanette Bourne: I think Whitney mentioned the applicant has some comments.

Anthony Sturniolo: I am satisfied with the wording of everything on the resolution right now.

David Steinmetz: I believe we have 2 issues with regard to the resolution that we want to discuss with you. One is a minor issue and the other is more significant. We have spoken to Nanette and Whitney in advance of tonight's meeting. Brad is going to frame the issue and felt that this had been discussed and may not have been memorialized the way we had anticipated. We have a recommendation.

Brad Schwartz: The issue is what happens in the future, if and when the natures of the tenancy change? The question was raised as to what kind of notification shall be provided to the village.

David Steinmetz: We are referring to condition number 9 on page 5 of your resolution draft, in the most recent version that Nanette just handed you. It use to be condition 10.

Brad Schwartz: As far as what notification should be submitted to the village upon any changes in tenancy and what approval is required from the village before that change of tenancy shall take place. I thought we made a distinction at the last meeting with a change in the nature of the type tenancy. If the tenancy went from office use to warehouse use or warehouse to office then that certainly would require notification to the village and approval of change of use permit or any other necessary permits.

Anthony Sturniolo: What was the date of our last conversation you are referring to?

Brad Schwartz: April 28, 2006.

Chairman Cosentino: Who would overlook that?

Brad Schwartz: We would notify the building inspector. The owner of the property would notify.

Chairman Cosentino: You have been here for a long time. The creditability of the landlord you are talking to the members of the board here that was very difficult in getting him here all these months to do what he had to do. You think the creditability is there? That he will come in to report that. You are his counsel do you think so?

Harold Telovwitz: Yes. I am giving you an honest answer. WE can even augment it.

Chairman Cosentino: I like what is written in our resolution.

Harold Telovwitz: The problem with the resolution. If I have a tenant warehouse to warehouse. The tenant is going to want to sign a lease relatively quickly. If I then had to say to them I have to go to the building inspector and get authorization and he doesn't give it to me for any reason.

Chairman Cosentino: When the tenant is going to move out he is going to give 30 days notice. You don't think the landlord is going to come in here within that 30 days stating what he wants or what his change is going to be.

Harold Telovwitz: We couldn't come in to anyone until we get a tenant in there. My suggestion would be that we would be prepared to give a monthly statement to building inspector saying that these are the tenants and these are the parking spaces allocated to him. Every time a tenant comes in we will say new tenant new parking spaces allocated. If you want the building inspector would have X number of days to review to refuse to allow it. I am trying to avoid a situation where we make the application to building inspector and then we don't hear for 2 months. We lose a tenant.

Chairman Cosentino: That is hear say.

David Steinmetz: We completely understand your concerns about our landlord. We try to appease and address those concerns. I think we have something that I would ask you to hear us out on. I am not speaking on behalf of the landlord. I am speaking as zoning attorney. You have a sentence in this resolution that with all do respect call into question. No change in tenancy may occur until such notification and subsequent authorization is granted or received. Municipalities' local governments don't have the right in my opinion to regulate a change in tenancy. If I operate a card shop today and somebody else comes in tomorrow and operates my card shop.

Chairman Cosentino: That is the question. Is that guy going to come in and rent it as that? That is where the credibility is.

Da