PB Minutes 8-8-06

Minutes

Regular/Work Session of the Planning Board

Village/Town of Mount Kisco

Tuesday, August 8, 2006

Meeting called to order at 7:45 PM, Tuesday, August 8, 2006 at the Municipal Building, Mount Kisco, New York

Members Present: Joseph Cosentino

Anthony Sturniolo

Doug Hertz

Stanley Bernstein

Joseph Morreale

Members Absent: Ralph Vigliotti

Sol Gibbons

Staff Present: Whitney Singleton

Nanette Bourne

Michael Stein

Pledge of Allegiance

Chairman Cosentino: This is the Mt. Kisco Planning Board, it's Tuesday August 8^th, and this is a regular and work session.

Stanley Bernstein: Mr. Chairman I move that we accept the minutes of March 25, 2006.

Doug Hertz: I'll second that.

Chairman Cosentino: All in favor.

Stanley Bernstein: Aye

Doug Hertz: Aye

Anthony Sturniolo: Aye

Joseph Morreale: Abstain

Chairman Cosentino: Aye

Stanley Bernstein: Mr. Chairman I move that we accept the minutes of June 13, 2006.

Doug Hertz: I'll second that.

Chairman Cosentino: We have a second by Mr. Hertz. All in favor?

Stanley Bernstein: Aye

Doug Hertz: Aye

Anthony Sturniolo: Aye

Chairman Cosentino: Aye

Joseph Morreale: I was not at the meeting.

Chairman Cosentino: You're going to abstain, you were not here?

Joseph Morreale: To both of them.

Chairman Cosentino: Dr. Morreale is going to abstain from both sets of minutes…okay, the next one Stan.

Stanley Bernstein: Well the next two are drafts.

Chairman Cosentino: The next one's a draft.

Stanley Bernstein: The next two are drafts. The final edition will be next meeting.

Chairman Cosentino: Yes, we still have a quorum; we just deleted it, that's all.

Stanley Bernstein: Alright, June 27^th and June 11^th will be taken up next meeting.

Chairman Cosentino: Alright, all in favor of the last set of minutes.

Board All Ayes

Chairman Cosentino: Did we do that?

Stanley Bernstein: We did.

Grand Prix New York - 333 N. Bedford Road

Application No. PB2005-21A

Jim Diamond Applicant/Michael Gallin, Architect/Sy Aryeh

Chairman Cosentino: Alright, the next thing on the agenda is going to be 333 North Bedford Road. We're going to take this out of order a little bit.

Michael Gallin: My name is Michael Gallin. With me tonight is Jim Diamond and Sy Aryeh.

Chairman Cosentino: Gentlemen, you're going to have to come up here. We have to get you on the mike.

Michael Gallin: And we have some additional people, but they'll state their names if appropriate.

Chairman Cosentino: Okay.

Michael Gallin: If I could just briefly start off. We're here to speak to you about a carting facility in Grand Prix, New York that's being proposed at 333 North Bedford Road. Before I get into that though, I talked to Austin Cassidy today, Building Inspector. He asked if I could type up a quick memo stating where we are in terms of the items, the conditions for being fulfilled prior to the issuance and starting of construction. So I've gone ahead and done that. Would it be okay with the Chairman if that was distributed?

Chairman Cosentino: Yes.

Michael Gallin: Distribute to the Board directly?

Chairman Cosentino: No, distribute it here. We would have liked to have had this.

Michael Gallin: Yes. Unfortunately, the request came this afternoon.

Chairman Cosentino: Well, we're not going to take time to read it now.

Michael Gallin: Absolutely, Thank you. It doesn't have a direct impact.

Lester Steinman: Michael do you have another copy?

Michael Gallin: Oh, yes.

Chairman Cosentino: No problem on the water line. But I want to talk to the other _________.

Lester Steinman: Michael, on that point, because there are a number of conditions and they go to a number of disciplines that service the Board, I think it would be helpful when you submit matters for clients with those conditions that they go to the Planning Board Secretary for distribution to the Board. But also copies to me and Austin and David Stolman would like to see that. So we all have the same set of materials so that we know where we are at a given time.

Michael Gallin: Absolutely. Because of the short notice I wanted to get this in front of you right away, but in the future we will do that. We are in no way saying that we did all of the conditions, but per Austin's request, he asked us to give a status report. Many of the conditions have been met. We've been back in front of the Town of Bedford and they have issued plan approval for the application. Varieties of legal documents have been submitted and are under review by Whitney Singleton. There has been an agreement entered into between Diamond Properties and the Village regarding the indemnification they had requested, and also regarding the memorandum of understanding in terms of the use of the ball field and the other uses. That's been submitted and is awaiting approval as well. I'm not going to read through all of these items. One other highlight is we met with Michael Stein and discussed scheduling and erosion control and other things, and he had some valuable suggestions, which we will be implementing to, or actually have already been implemented to approval with those conditions.

Lester Steinman: Michael, could you also review what has been done on the site since the approval was granted, because as you know the approval is two-tiered with a series of conditions that precede the issuance of any building permit or the authorization for the site work, and as the additional set of conditions that precede the issuance of the Certificate of Occupancy.

Michael Gallin: Right. There's been some work done on the site in terms of preparation for construction. Silt fences have been installed, construction fences have been installed. There's been some reclamation of asphalt on the site for recycling purposes. If I'm not mistaken, that's, pretty much it.

Chairman Cosentino: Austin, would you have any comments?

Austin Cassidy: So far, so good.

Michael Gallin: So without further adieu, I think Jim is going to speak, and give you and introduction of its use.

Jim Diamond: Okay, thank you Michael. Well, we're excited to be here tonight to talk about the carting use. It's a really interesting use, not something that we anticipated when we were before you previously, but we got very excited when Sy came to us with a use that would actually use 120,000 square feet of the facility, be targeted at the corporate market, and interestingly, most interestingly to us, the inherently passing constraint in terms of the number of users that it can support at any one time. As the Planning Board is aware, of course, we have a 300 trip per peak hour limit for the facilities that are very focused on minimizing the number of trips to and from 333 North Bedford Road. And we think in the carting facility we found a use that, because it's composed of two tracks, that it can only support 12 participants each is actually a capacity constraint. And if we're entered into a lease with this use, we would be putting a number of safeguards into the lease itself to ensure that the facility could never exceed the projected trip generation. So we're excited about it and I think it will be interesting to hear what Sy has to say about it.

Michael Gallin: Obviously,

Chairman Cosentino: Just identify yourself.

Michael Gallin: Michael Gallin, the architects working with Diamond Properties on this application. This use is somewhat unique in terms of defining within the zoning code. We've done some research into the zoning code and we have had some preliminary discussions regarding what would be an appropriate use to define this as. It's our belief that under the ML light manufacturing district, but this use most closely matches membership clubs conducting leisure time and recreational activities for use by members. Sy Aryeh, the executive director of the facility, will talk about the membership notion of how the facility operates and the operations and get more into detail. That particular use requires a special permit of the Planning Board and one of the things that we're hoping to accomplish tonight is to get a sense from you whether or if there's some sort of agreement, and I understand Austin will be heavily involved in making that determination about whether or not that's the appropriate use. If it is, then we need to talk about the process to go from here in terms of public hearings as required under the special permit use. So Sy, if you can talk about the operation of the facility.

Chairman Cosentino: Again, your name for the record.

Sy Aryeh: My name is Sy Aryeh. Pleasure, good evening. I am a veteran resident; I live in the area, I work in the area. I'm very concerned about this area that I am intimately involved with. My children go to school. I have been working on this project for over three years now and I think it's very exciting. I've been looking at a lot of different facilities in developing this, and I think we found a very, very good, symbiotic sort of a location, which helps us and as well as you. What this carting business is, is it's a very, very high end racing and corporate services type of business that caters to the very high end clientele. It's very expensive for companies to come in and affluent individuals to come in and to use this racing facility. And it has a natural sort of business barrier towards limiting traffic, which I think is very complementary to the area. What you're really bringing into this facility are very small numbers of, whether it's companies coming in to do what are called team building exercises during the day, it's really very, very small numbers, small vehicles that come in, or in the evenings you have again small numbers of individuals that are coming in using it for their own personal use as members. And I think what's great about this facility, what makes it so complementary, because of the concerns that we have here in Mt. Kisco, like traffic and of course the truck possible traffic going into the facility, is that there are no trucks. Not only are there no trucks, they're very high end cars that come and it's a small number of them. So I think that's a very, very good thing. And again, because of the sort of demographic that we're bringing in, I think that's complementary to the Town. One of the biggest things that I think is very complementary is sort of our peak work relationship to how our business is, our busy time as compared to what periods you are concerned about, and that we are at an inverse relationship. When we are busy, that's when you have the least concern about traffic. And during your peak hours of when you're concerned, that is absolutely our bottom `busyness' level. Again, I think it's a very good symbiotic relationship that way. I think that again it's complementary in every way. I think it's a fortuitous sort of an arrangement having found this facility and that it works very well for us.

Austin Cassidy: Mr. Chairman?

Chairman Cosentino: Yes.

Austin Cassidy: Just procedurally insofar as I'm going to be burdened by needing to make a zoning determination relative to the nature of the use. Standardly what I had asked for is a profiling self-description to memorialize what this use is of all the facets of its __________, the different elements in the operation, and a slice in a day in the life of this operation. Number of staffing, capacities in terms of people in the programs or enjoying the car tracks, supporting staff, and all of that sort of thing for the hours of operation and how late do you think this goes. So then I can have something in fixed point that I can analyze.

Michael Gallin: Of course.

Austin Cassidy: Just the nature of the use.

Lester Steinman: In addition to that, I think it would helpful to provide operations information from the Boston facility which is apparently the bottom of this proposal, and second of all also information how the membership structure will work. How this is in fact a membership property. And how it will not be open to the general public, or will it be open to the general public? Those will be issues, so if someone drives up on a Friday night, and/or can I call and make a reservation and then go in and use the facility, or is truly limited to members. We've been looking for information on those subjects.

Austin Cassidy: Well to expand that, we've had applications in the law passed of variations of a “membership club”; also detail what it takes to become a member, and how soon one can become a member.

Lester Steinman: And in addition to that will be to address the accessories as well, as to how they fit in. (Inaudible) The restaurant and other facilities (inaudible).

Michael Gallin: Some of that I think we've included, I think it could be repackaged to

(To many people speaking)

Lester Steinman: I think you're going to still need more information.

Austin Cassidy: Concise, right to the point, because the package is somewhat marketing; I really want to focus on the clear nuts and bolts of this operation.

Lester Steinman: This is a threshold question.

Michael Gallin: Would it be valuable to the Board tonight for us to address at least the membership notion?

Sy Aryeh: And the accessory….or should we wait and address it another night?

Austin Cassidy: Well the Board has time constraints so if you feel you can address it in a few minutes, otherwise the Board may want to hear that another night.

Lester Steinman: Right.

Chairman Cosentino: We'll give you about ten minutes, alright? Because our agenda is very heavy tonight.

Michael Gallin: I think we can touch it pretty quickly.

Sy Aryeh: I'll start with the membership. The membership isn't so much something that's done in advance in very long period of time memberships. What happens is it's limited by either members coming and buying annual members, which would be granted depending on whether or not they qualify. And the major consideration here is that everybody that comes in has to be an adult. There's no children. It's not a family type of recreation facility. It's a very serious, high end facility, so you're buying into something. It is relatively expensive to buy an annual membership. For people that are not buying annual memberships, we do it by a daily membership. Again, these things are expensive. The concept is that you're coming in, and if you are a recreational arrival, if I could explain it, the customer, you do have to come in, you do have to pay, without doing anything, at least $25 to be able to eat in the facility. And from that point on it basically costs you another $25 for every ten minutes of activities that you do. It's not inexpensive. It is naturally limiting by its financial structure. By the cost structure.

Lester Steinman: Does that apply also to the accessory facilities as well?

Sy Aryeh: Yes.

Lester Steinman: You mean you can't come into the restaurant or bar area or anything else without paying that annual membership?

Sy Aryeh: Exactly.

Lester Steinman: Because you don't drive.

Sy Aryeh: Exactly. This could be a good segue to get into the accessory. The concept of the accessory uses are not separately and under all. The accessory uses are not interesting to us in any way other than they support our primary use. So the concept of the accessory is food and bar, strictly to be able to support the primary service, which is to provide either our corporate clients for their team building exercises and their meetings, or our high end customers coming in or doing their racing. It's there for them to have their food. You're not allowed to come into the facility unless you are racing. Unless you're an annual member and you're racing or if you're a daily member and you're racing and you're paying for it. It will be limited; it will be restricted at entry. And we will have control.

Lester Steinman: And what happens when you've got one racer and you never get on there, or some other friend comes along to watch and then they both go to the restaurant? Both have to pay for the admission?

Sy Aryeh: Yes. You cannot walk, the way we have it structured is that you cannot come in as a guest unless you are a guest of somebody who is racing. So you can't just come in, but a racer that's coming here can bring a guest if they want. The practical aspect of this is this is not a spectator sport. So people don't want to come in just to sit and watch. It's rare practically speaking in terms of its application that you'll have, you know, a certain number of racers come and a large proportionate number of guests. It doesn't work that way; it's in reverse. You have many more racers than you do proportionately to guests. Guests are really not that much of a, it's not that enticing for a guest to come in. Again, those accessory uses are strictly to support the racing, and that's what that's for.

Chairman Cosentino: I don't know, something's missing. I don't know what it is, and I'd have to find out from Whitney, from our counsel, but something is, I can't figure it out. I said Les, yea, and Austin. I don't know what it is at this point. So, we have to dig deeper into it. And there may be a couple members of the Board that may take a ride to Boston to see what the facility is. It's too bad it wasn't in Bermuda or someplace like that, but we'll go to Boston.

Michael Gallin: Right. We can certainly assist in the logistics of that tour. If that's what the Board's interested in. In addition, admittedly, as I said, the use is somewhat unique, so you're not going to find a section of the zoning ordinance that defines issues, and clearly counsel and the building inspector (inaudible).

Austin Cassidy: Well, it's agreed that it's unique, if not to the country at least to the northeast. And there are only a couple of sites that seem to be doing this. And the same base corporation is behind it. Now I see the applicant on the documents is the property owner. Who's actually running this business?

Sy Aryeh: I will be.

Austin Cassidy: Individually or as a corporation?

Sy Aryeh: No, as a corporation.

Austin Cassidy: Is this a franchise?

Sy Aryeh: No, it's not. This is solely owned; I'm not involved with the other facilities.

Lester Steinman: Other than Boston, is there another facility on the east coast that`s either in operation or pending approval?

Sy Aryeh: There is one in Atlanta, Georgia that's owned by, partially owned by Mario Andretti's family. There is another pending one somewhere in New Jersey, which I don't know what the status of it is.

Austin Cassidy: Your relationship to the Boston operation is?

Sy Aryeh: Nothing.

Austin Cassidy: Nothing.

Sy Aryeh: Zero relationship, other than knowing the staff and knowing the owner. I have no involvement.

Joseph Morreale: What makes Mt. Kisco a good location for this?

Sy Aryeh: Mt. Kisco is a wonderful location because of its geographic proximity to highways, to New York City, Greenwich, Stamford, Bridgeport. Again, our primary business is Fortune 500 high end companies that want to come in and do very, again, expensive programs that are alternatives to taking, you know, a few clients to a golf outing. It's a new way to incentive your people or bring new customers on board. And, again, geographically it's perfect. It's perfect because you've got two train stations that are one mile apart each from this facility. It's perfect in that, again, we're right off of the Saw Mill Parkway. We don't need to be near to it, or we don't have commercial traffic. It's another being that you trust. Demographically, it's a wonderful community. It fits with the kind of clients that we have, which are going to be driving pretty much as an average a BMW, Porsche or a Mercedes. A lot of facilities are in not very good areas, that they don't feel comfortable driving their cars into. This works very well. It works very well to have our clients; Goldman Sachs is a typical type of a client. That level of client would be coming and would feel very comfortable to come here.

Chairman Cosentino: Would there be any time where let's say Goldman Sachs, where a group of people would meet down at Goldman Sachs and a bus would bring them in?

Sy Aryeh: Typically what happens is for these outings and events, this is another event that they usually do not drive, you know, everybody in their own car. They come in minibuses; they come in two or three minibuses for the whole day. You're talking about all we're getting for that entire day is $2,000.

Chairman Cosentino: They're not large buses; they're minibuses that are going to be coming in?

Sy Aryeh: Small. Yea, they're just small ones.

Stanley Bernstein: From your description, I would think there'd be limos.

Sy Aryeh: Limos or with the vans, you know, you get the van type of operation that we're in.

Austin Cassidy: Follow up question. Your introductory packet there references the F1 Boston as a model. In doing your self-description, could you also explain how being that they're in there as a reference model for this operation, how you differ from them? How this one would differ from them?

Sy Aryeh: Absolutely. If I can just have one more minute of time, maybe I could give you a very good verbal description of really what this business looks like. It's important, and also at the same time be able to satisfy your question. I think maybe one of the things that you, when you said there's something that's missing, there is a visual picture of exactly what this facility looks like and how it serves our client. It is hard to get unless you've been there. What you're doing is you're building a super high end, class A office look inside this building. That's what it looks like. It's very high tech. It's very high end. There's a lot of money to be spent. And what happens is that these companies pay, and individuals pay a lot of money to be able to come here. That's the only way we can justify having very low traffic. That's where the question can come about, where you don't really get that unless you see exactly how high end it is. In terms of what we're doing different than the F1 Boston, F1 Boston is modeled very high end, but they, because Boston is much smaller than New York, have had to go and sort of cater really more towards the entertainment crowd, regular people coming in for maybe small bar parties on Friday and Saturday nights, which is a concern of yours, but that is not what we are going to be wanting at all. Ours is higher end and caters strictly to corporate and affluent racing purposes, nothing else. There's no entertainment. There are no people coming in to drink for the sake of drinking. It is limited to this use.

Lester Steinman: Will it be available to have that narrative in writing with the underscored distinctions and willingness to condition those differences.

Sy Aryeh: Of course.

Doug Hertz: This is a question about numbers. Because you predicate the whole trip based on the number of people you can have on the race course. But it seems to me that you also have conference rooms, you have ancillary rooms, so at any one time you could probably have the race course filled, the rooms, you know, having a meeting in the conference room, people in the café, you know, doing after race, so, the thought about how many people are moving it seems that all those other rooms would be empty.

Sy Aryeh: That's right.

Doug Hertz: So, it doesn't, I mean, it sounds from the facility like a lot more people can be accommodated at any one time. So, just as it goes to numbers, there was no reference to staffing amounts either. So I don't know if those trips are taken into account either.

Sy Aryeh: They were. And they're in the raw data.

Doug Hertz: Okay.

Jim Diamond: And there is an assumption in the model that exactly what you're talking about in terms of the different people racing versus people who (inaudible) in….

Doug Hertz: Right.

Jim Diamond: …is all taken into account.

Sy Aryeh: I can explain it very quickly. The fact that parking, why it's really not a consideration and why practically speaking that doesn't happen, is because you are coming in, you are paying when you come to this facility for the racetrack. It's much too expensive compared to you going to the Holiday Inn for a meeting and conference space. That's not what you're paying for. So you're naturally limited to one group per racetrack, because the way practically our business works is they come into a meeting room, we have somebody talk to them, they do exercises for half an hour, then they go back up to the racetrack and they drive for half and hour and then they come back again. You can't have it cued like a doctor's office where you have six different groups sitting and waiting for a racetrack. You can only have one group of racetrack. So we are limited by two racetracks, and limited by approximately 12 people per racetrack. I can't cue 24 to 36 people for each racetrack at the same time. It doesn't happen, it doesn't work. And you have these large numbers of facilities which because you have to give your customers very roomy, comfortable environments to be able to ….

Doug Hertz: But you don't envision a larger group with, you know, like one, like two, like three going in for the day.

Sy Aryeh: No, we don't do that. Don't do that at all. It can't be done. The customers wouldn't stand for it; it's not something that…

Doug Hertz: No, I mean their own. In other words, a group of 40 coming in and going through shifts, racing.

Sy Aryeh: It really doesn't happen like that. (Inaudible) …hours that we're all concerned about.

Chairman Cosentino: Anybody else?

Joseph Morreale: Yes, I have another question. Given the large amount of square footage you're going to take for this operation in a town that doesn't have a lot more to give, I'm curious about the revenue flow and the taxation the town might gain from that. Do you have any idea of that?

Sy Aryeh: Would you like me to discuss it right here?

Joseph Morreale: Yes.

Jim Diamond: You mean in terms of sales tax or…?

Joseph Morreale: Yes. I would just be interested to see what kind of revenue the town would actually receive, as I said, since you're taking so much space.

Sy Aryeh: We expect as a conservative number to be in the _____ plus revenue, and my target is to give possibly $10 million. And again, this is a very high end use in terms of the person, per head; it's around $2,000 an hour to use the facility.

Doug Hertz: Just to Jim…in terms of the other uses so far, and I see on that map, you know, warehouse, how does this dovetail with the rest of your plans so far?

Jim Diamond: How does it dovetail in terms of being complementary, or how does it dovetail ….

Doug Hertz: Yes. I mean what, you know, I know that there were a number of different uses that you were hoping to get in there, with lots of different volume, and some traffic volume, I mean we had talked about a gated facility…

Jim Diamond: Right.

Doug Hertz: So I guess my question is this might make sense assuming there weren't other similarly powered, you know, spaces being used. So, is this the only, at this point the only facility that might have these hours or this type of use that you're looking at?

Jim Diamond: Yes it is. I mean right now the mix of uses is, everything else is basically exactly along the lines of what we discussed in terms of Aromatic has actually just signed a lease for 50,000 square feet, the self-storage facility is in the process of being designed now of 150,000 square feet, and our offices are in the process of being designed, and we'll be moving into 40,000 square feet of primarily warehouse space as well. So we think it's a very complementary mix in terms of we've, as we've talked a lot throughout the meetings with a rep, we've had dozens, probably over 100 potential tenants who we've talked to about the site, and given the capacity of limitations in terms of trip generation, we've had to be extremely selective in what we think works and doesn't work, because the worst scenario for us would be to sign a lease, and somebody we think is going to be low trip generation and then generates a lot of trips. We had to cross a lot of potential things off the list, which is why we got very excited about this type of use. It's very rare that you can find 120,000 square foot user that would user that would generate no trucks and have relatively low trip generation. Even on a warehouse use, 120,000 feet would require 120 parking spaces; we believe this use would typically require 30, 40, 50, potentially 60 parking spaces, and that detail is in the report on an hour by hour basis throughout the week. One of the things that Sy didn't really talk about as well is that a lot of the people who are coming to use the facility are racing more than once. So people are there for more than an hour typically, and we did go, a whole group of us took a trip up to the Boston facility to really get an understanding and a feel of how the whole thing works. And as Sy said, you have to go through a training course, you have to put on a suit and a helmet. It's a whole process, and the race itself is only ten minutes. You really want to do it more than once. We did it three times; I think three to five times is, maybe four times, is what we're typically going to see. So we've really done a lot of analysis on our side to get comfortable because we know that we've got that 300 trip count maximum for the site, and I think that's what really protects Mt. Kisco over the long run, is that whatever happens we're really the guys for it. If it goes over 300 we're in a tough spot.

Chairman Cosentino: Okay, anybody else?

Vice Chairman Sturniolo: When I think of race cars, you know, naturally you think of formula one car in Monaco or any other Grand Prix circuit or Indy 500 cars in Indianapolis, they emit a lot of sound and a lot of noise. Can you kind of just briefly go through what we would expect to hear from this facility with all the race cars going full bar, and where would we hear this?

Jim Diamond: Well, we did do an extensive acoustic analysis. We had an acoustic engineer look at this to ensure that there's no issues because of course that's a concern of ours as well, especially in a multi-tenant facility; obviously the only tenant in the building. These vehicles are six an a half horsepower carts. They go 35 mph; they're extremely light, 35-40 miles an hour, depending upon what part of the track. But they're only six and half horsepower engineers and given the construction of …

Sy Aryeh: Four stroke.

Jim Diamond: Four stroke, six and half horsepower engines. There would essentially be no sound emission outside of the building. I think this acoustic engineer said five feet away from the building would be the similar amount of sound, I believe it was an air conditioning unit, would be the amount of sound that you would be able to hear within a five foot perimeter of the building. The only wall in the facility that, the only portion of the facility that will actually be on an exterior wall of the building is the side that's along the railroad tracks. And the front of the building, this would just be the entryway and conference rooms, but this is the portion of the facility where the racetracks would be, which is along the railroad tracks. On this side we don't anticipate there will be any sound emissions at all.

Vice Chairman Sturniolo: So, on that westerly side the conference room, the office complex whatever, acts as an acoustical buffer shall we say, so you wouldn't hear any noise emissions or the decibel level I should say would be almost unperceivable from another tenant's point of view, and also from standing out in the middle of the parking lot or, the worst case scenario on Route 117.

Jim Diamond: Absolutely. I think even from another tenant's perspective this sound would be negligible, yet clearly, because at five feet from the building on this side there would be essentially zero sound. So clearly outside the building facing to the east there would be no sound emissions at all.

Austin Cassidy: I would be more inclined to think Mr. Sturniolo that during the course of your review with the air handling system and the air exchange which will occur _______ fully powered engines operating inside, there's going to have to a great deal of air exchange going on. That would be something we would want to take a look at.

Jim Diamond: The acoustic engineer did address that

Sy Aryeh: I believe that's in that _______ (there was a lot of background speaking by the Board here making this inaudible).

Vice Chairman Sturniolo: You said before that this is a below traffic generating use. There won't be any trucks. It appeals to high end consumers who would show up in BMW's, Porsche's, in deference to an applicant here tonight, I'm sure they'll also show up in a Lexus…and also your peak traffic hours would be 180 degrees out of phase with Mt. Kisco's peak traffic hours. Earlier in the meeting tonight we were asked to give a feeling of appropriateness for this use, and I'm speaking as one Planning Board member only, and I believe that this would be an appropriate use for this facility at 333 North Bedford Road, pending, obviously, the outcome of a lot more information you'll be supplying. But conceptually, predicated on traffic, trucks, and the high end appeal and traffic usage as I said being opposite to Mt. Kisco, I believe this would be an appropriate use.

Chairman Cosentino: Is there anybody else?

Lester Steinman: Just some issues between now and the next time they're on they can provide more information to the Planning Board. We talked obviously about the physical end, the use issue, the threshold issue, etc., etc., special permit use and then the applicant apply for the special permits in the application, etc., or whether it would require (inaudible) or this variance depends on how the building inspector determines the permissibility of the use. In addition, you also ought to address whether change of use permit will be required based upon the differences in parking and the physical parking generally ought to be addressed because there may not be a standard in the existing building ordinance covering the parking, and it will be interesting to know what parking standard was applied to the Boston facility and once ________ recommending the Planning Board in terms of the parking. We also need an environmental assessment board, which we don't have. David Stolman is not here….

(Multiple voices (Board) speaking in background)

…take a look at the environmental issues and working noise, etc., one of the things we noticed is that on the original application it was a dual use provision of the parking for the ball field, because the warehouse uses were Monday through Friday, reasonably 9 to 5, 9 to 6, and on the weekends this use has a weekend component, so you'll need to address that aspect of the original application. And I think that summarizes the additional submission we would be looking.

Neal Alexander: Can I just ask Les one quick question as well as the Board?

Chairman Cosentino: Make it fast, it's getting hot.

Neal Alexander: Given that all the elements are internal; do we want to even do an amended site plan approval for this? Or would that be handled through a special permit? Because I want to give you all the paperwork you would like.

Lester Steinman: Well I think that probably if, I'm assuming that one of the things you're asking for is to allow this to be implemented prior to the traffic? Are you trying to take advantage of that provision with the resolution that said you have the right to the back for partial occupancy?

Sy Aryeh: No this would be occupancy…

Jim Diamond: After the traffic.

Neal Alexander: It's just an issue you ought to address as to whether you would need an amended site plan. Actually, the initial submission you made was for a modification of the site plan, so we will have to look at that.

Chairman Cosentino: Alright. I guess conceptually it sounds good. It may be something that would work there, but I need to get feedback from Austin on some pieces that I feel are missing right now, and I'll feel a little better about it. Austin, before I put them on an agenda, I know you have a lot on your plate.

Austin Cassidy: Well, it's going to keep at....can obviously go much further, until I have some hard data; I'm really going to be basing my interpretation on, and also the time framing for the Board and your schedule…

Chairman Cosentino: That's why I'm bringing this out.

Lester Steinman: We spoke with Tony earlier just so that David Stolman and I could make sure our calendars were clear, and we would hope that you would put it on for the second meeting in September.

Chairman Cosentino: What I don't want to do is, I could put it on but I don't want to get the same feedback as I've gotten tonight. If I can't get some feedback from Austin and from here, I mean, I like you guys, but we want to get it done.

Michael Gallin: If you like, we can withdraw the application if Austin isn't satisfied, and we've gotten the approval.

Vice Chairman Sturniolo: Could you make that date, information-wise?