PB Minutes 10/10/06

Minutes

Regular Session of the Planning Board

Village/Town of Mount Kisco

Tuesday October 10, 2006

Meeting called to order at 8:00 pm Tuesday October 10, 2006 at the Municipal Building Mount Kisco, New York.

Members Present: Joseph Cosentino

Anthony Sturniolo

Doug Hertz

Stanley Bernstein

Ralph Vigliotti

Members Absent: Joseph Morreale

Sol Gibbons

Staff Present: Nanette Bourne

Whitney Singleton

Michael Stein

Janine McCulgan

Meeting called to order by Chairman Cosentino at 8:00 pm.

Public Hearing:

Application # PB2005-12

Louis DiLisio

486 Lexington Avenue

Members Present: Louis DiLisio Jr.

Anthony Monteleone

Bob Scopelliti

Chairman Cosentino: This is for Louis DiLisio, 486 Lexington Avenue, we have a public wetlands permit, public notice, and didn't we declare Lead Agency on this already?

Nanette Bourne: Yes, you did, and this was just the form that was sent out.

Chairman Cosentino: Is there anybody that wants to?

Nanette Bourne: Do you want to open up the public hearing?

Chairman Cosentino: Yes. The public hearing is open. Is there anybody here that is for this?

Anthony Monteleone: On behalf of Louis DiLisio, Jr. and Senior, Anthony Monteleone for the applicant.

Chairman Cosentino: Is there anybody here that is opposing this? Okay, anything from staff?

Nanette Bourne: Do you want to close the public hearing now?

Chairman Cosentino: Might as well close it and leave ten days for a written notice.

Motion: Vice-chairman Sturniolo

Second: Ralph Vigliotti

Aye: Doug Hertz

Aye: Stanley Bernstein

Aye: Chairman Cosentino

Chairman Cosentino: Okay, let's get on, to - Nannette, do you want to…

Nanette Bourne: Sure. This afternoon Mike and Janine and I met with the applicant and their representatives, and we had done this at the request of the Planning Board because there seemed to be some miscommunication and some confusion as to their status and what needed to occur so this thing could come to a conclusion. I'll let the applicant and his representatives speak on this as well, but the application is fairly complete with a couple of items that still need clarification. One, not necessarily the most important item, is that there was a statement that was made that you received ARB approval, and I don't think you've officially received ARB approval. You don't have issues, per se, but that's a formality that needs to occur.

Anthony Monteleone: There has been an appearance before the ARB, and the ARB heard the application.

Bob Scopelliti: If I may, Bob Scopelliti, I attended the meeting for the DiLisio's as they were out of town, and the exact wording of the Chairwoman of the ARB was that it was approved as presented, and a resolution would be sent in the mail to Mr. DiLisio. So, to me that sounded like approval; approved as presented.

Chairman Cosentino: The Secretary, Nancy Placona, who was there, said that it wasn't approved, but it's not a problem. So, Tony you should check on this. But it's not a problem; it's not an issue.

Anthony Monteleone: It's an issue of timing.

Chairman Cosentino: Whatever, but it's not…

Nanette Bourne: I think the words that Nancy said was before the ARB was going to do the final approval, they wanted to find out what was happening with the Planning Board and allow the site plan approval to advance.

Chairman Cosentino: There is not going to be a problem here.

Nanette Bourne: Other relatively minor items that are missing from the application have to do with the topography of the site. There are some changes in the drainage, and it would be recommended that the applicant's engineer try to take some of the existing topo that's available and put it on their site plan. Even though the site appears relatively flat, there is a grade difference, and it does affect drainage. There is a legitimate reason why topo needs to be put on the site.

Chairman Cosentino: The engineer will do that.

Nanette Bourne: Yes.

Chairman Cosentino: You're going to work with your engineer on that?

Anthony Monteleone: We met with them today after the meeting, and that's in the process right now. We're actually going to revise the site plan as far as putting everything on one single document for final approval by the Planning Board, so there will be one document, so we won't all be in confusion.

Vice-chairman Sturniolo: Nannette, if I may interrupt. On the one document concept, we should also include the landscape architects plantings and drawings.

Chairman Cosentino: At the last meeting we said he was going to use a landscaper. We never mentioned architect on that. I don't know whether we want a landscape architect. If we did, we've changed that.

Doug Hertz: We said we wanted them to consult with someone to find the appropriate plantings, because there was a concern about -

Chairman Cosentino: For the right side of the building?

Doug Hertz: The low growth, where they had talked about hemlocks and the concern was that it was a shaded area and the hemlocks would not be appropriate; would not grow. So they were going to go back and investigate what the appropriate plantings would be and come up with a plan that would thrive in that environment.

Chairman Cosentino: I remember that. So what you need to do is find out what - we realize you don't have a lot of space there.

Louis DiLisio, Jr.: What we did was, based on the discussions and recommendations at the last meeting, we went from a 7 ½ foot center to center spread to a 5 foot spread. We also contacted a nursery who said that the hemlocks would in fact grow better than an arborvitae in the shade. The only concern that they had was that we would have to spray them annually to stop them from - and that's what they recommended. The reason they recommended that was because they grow wide rather than just tall. And as we discussed, we hoped that at some point this will be more hedge-like.

Chairman Cosentino: And there's no room for anything else there.

Louis DiLisio, Jr.: We increased the number of trees by five trees based on the discussions at the last meeting.

Nanette Bourne: On this note, Mr. DiLisio had brought in some photographs of this site that shows very elegant gracious trees that surround it, and I question whether or not trees are going to be of any value. I wanted the board to look at this to provide some direction as to whether or not this is the kind of landscaping plan you're looking for. A landscape architect is not necessarily the only person that can draw up a plan. There are very good landscapers out there. The code requires that it be sealed by either an engineer or a landscape architect, but they have an engineer that can do it. They don't have a landscape architect.

Chairman Cosentino: Tony, can you make sure the engineer looks at this and stamps it?

Anthony Monteleone: We had that discussion, if I may, and what we plan on doing is showing the town how the planting will be made on the plan, and the engineer will sign off on the plan showing how deep they are going to be and the basic footing of each plant. We'll also provide documentation that the hemlocks will be the best thing to plant there based on the best advice we have. We're not experts, either. We're open to another type of planting, but no one has been able to come up with what that appropriate plant is.

Chairman Cosentino: Are you happy with that type of plant, Doug?

Nanette Bourne: Well, are you happy with this landscape plan?

Anthony Monteleone: We'll also show them how they'll be footed in the ground.

Louis DiLisio, Jr.: He's just going to show the root ball.

Nanette Bourne: (pointing) this is dirt. Typically your landscape plans have a little bit more detail, a walkway going to the building. I don't know if sod could grow.

Louis DiLisio, Jr.: We cannot plant grass here based on the tree coverage.

Chairman Cosentino: Have you been there to see the site?

Nanette Bourne: Yes. That's why I say I don't know.

Chairman Cosentino: You're not going to plant grass there.

Nanette Bourne: Yes, and I question whether or not even trees, given all the tress that surround it, are going to do well.

Chairman Cosentino: Well, we're not going to cut trees down either.

Doug Hertz: We're not the experts in this. We look to a good landscaper or a landscape architect; someone who does this for a living to say the most appropriate planting would be the best screening; we'll do the job required. We know what we want it to do, which is to screen the building from the neighbors and to look appropriate.

Chairman Cosentino: Do you know somebody, Lou, who can do that for you?

Louis DiLisio, Jr.: Again, I'm not one hundred percent sure, and this is ignorance, not being a wise guy. I'm not one hundred percent sure what it is that you're looking for. Are you looking for arborvitaes; I can put different shrubs in there if that's what you're talking about.

Anthony Monteleone: They want something from a landscaper.

Louis DiLisio, Jr.: If I can defer to one of my contractor friends.

Bob Scopelliti: If you don't mind I will offer my expertise, because we're in construction, we build swimming pools.

Chairman Cosentino: You do landscape architecture?

Bob Scopelliti: I can tell you arborvitae is just deer candy. They will eat as far up as they can reach. So, they do not grow full, they grow tall, and they will be consumed before they even get a chance to take root. So I would not for one second consider arborvitae. Hemlocks, they're grown there naturally, and there should be no problem. It's not an ornamental shrub, but what you want is screening, and that's what it will accomplish.

Chairman Cosentino: Well, I've seen your landscaping plans and they're nice. Could you help them with the landscaping?

Bob Scopelliti: Absolutely.

Chairman Cosentino: And let the engineer look at it so it could be stamped, whatever it has to. I've seen your landscaping; your landscaping is really great.

Bob Scopelliti: We could do a little rendering and colorize it and make it look pretty.

Chairman Cosentino: So, why don't you do it that way and let him do the landscaping?

Bob Scopelliti: I don't think it's necessary to actually employ an architect and go to the expense of a stamped…

Chairman Cosentino: Well, you're offering to do it.

Bob Scopelliti: I do it all the time, and quite frankly we've never had a condition where it was objectionable. So we'll take care of that for you.

Nanette Bourne: And I don't think it needs to be colorized. I just think it needs to be a little bit more detailed.

Chairman Cosentino: So work with him on that. What was the other one, Nannette?

Nanette Bourne: Lighting. They have shown where the lighting is going to be, they have not shown the photometric, and we recommended that if Mr. DiLisio has a light meter, he can go out and we gave him a copy of the illumination regulations, and he can take existing illumination readings.

Louis DiLisio, Jr.: I have a light meter. I use it when I design buildings.

Nanette Bourne: And he needs to take the readings of the entire site, not just this building.

Vice-chairman Sturniolo: The entire site foot candles.

Louis DiLisio, Jr.: Let me just ask if this is appropriate. What I thought I would do is put tracing paper over the existing building as well as the proposed building and in 25 foot blocks do readings at all of the corners. That's what we briefly discussed today.

Nanette Bourne: And then for the proposed lighting to get specs or tear sheets that give not only the location but the values just to show that they are full cut offs, and that they're not too…

Chairman Cosentino: And Doug and Tony could just check that.

Ralph Vigliotti: Maybe you could give a sample of what we're looking for. We just need to see that. Do you have a sample?

Nanette Bourne: The key to this is that all of the lights stay on the site and then at the property line.

Doug Hertz: I think that's the tricky part of this, because it is so close to the property line.

Louis DiLisio, Jr.: We talked about shielding the sides as well as the top, which, they typically don't come that way, but we'll put aluminum casing around it or something like that.

Vice-chairman Sturniolo: Yes, full cut off shields, and you need to show the full photometric light plan on paper.

Louis DiLisio, Jr.: As I said, I was thinking of doing it on tracing paper so we can overlay it right over this.

Doug Hertz: That's going to be hard because it's going to have to become part of the record.

Louis DiLisio, Jr.: Once it's on tracing paper we can photocopy it. So I'll just trace the existing building, the property lines, and then do that, okay? The lighting is shown here, and it's a motion sensor light, so it's not on other than when somebody walks by.

Vice-chairman Sturniolo: And you can also get a copy from Whitney of the proposed lighting standards that the Village Board is in the process of entertaining, because they are different than the current lighting standards.

Whitney Singleton: They are before the Village Board tonight actually.

Louis DiLisio, Jr.: Is that something that you could send me?

Whitney Singleton: Absolutely. Do you have e-mail?

Louis DiLisio, Jr.: Yes. Just give it to me.

Nanette Bourne: All of those things are really fairly moderate.

Chairman Cosentino: They could be done right away.

Louis DiLisio, Jr.: The lighting thing will be done this weekend.

Nanette Bourne: The biggest thing and this is outside of your jurisdiction is that they need to get involved with DEP.

Chairman Cosentino: And Janine, could you say something on that behalf for the DEP? How fast that could be done?

Janine McCulgan: Number one, I'm not speaking on behalf of DEP, but based on my experience, overall we looked at the plan real quickly today, but basically what DEP will have to do is go out and they are aware of this, and they are planning on going out there on Tuesday to do a peculation test for the drywells to handle the storm water out there. It seems like it's been accounted for in the plan, but we have to see the hard numbers which we haven't seen just yet. I think he may have dropped them off with Michael.

Chairman Cosentino: Okay, so we don't see much of a problem here.

Louis DiLisio, Jr.: We've been in contact with DEP. We are actually bringing them a file tomorrow, the application was submitted, and we did a DET Test as well as Perk tests last week with Koppleman, so they've done all their calculations; we put a package together which is being delivered to the DEP tomorrow morning.

Chairman Cosentino: For reasons of weather coming I need Nanette and Janine to be on top of this. Whatever help they need to get this done by November.

Nanette Bourne: Just to complete the list, DEP as well as the Village will require a sediment and erosion control plan, which is just standard. There is nothing earth shattering or special, it does need to be part of the plan.

Louis DiLisio, Jr.: As we discussed today, the only challenge we have with that is that we're eight inches off the property line here, and I don't want to put something on someone else's property. I just don't think that that's right. So on this side and in the front that's not an issue at all.

Chairman Cosentino: Okay. Is there anything else, Nannette?

Louis DiLisio, Jr.: I don't know if we have to bring it up is the rear door back in?

Nanette Bourne: What is proposed is a single door, and I think we discussed it today.

Chairman Cosentino: An Exit door?

Anthony Monteleone: We have two doors in the front, but for safety purposes the ARB and the engineer, Mike, indicated that a door in the rear would be appropriate. We don't have a problem with that, and we'll put the lighting above that door, which would meet the same standards.

Louis DiLisio, Jr.: We're going to put sconce lighting. Just a low wattage sconce light there.

Chairman Cosentino: We don't have a problem with that.

Louis DiLisio, Jr.: Did you say something about a window?

Vice-chairman Sturniolo: Are the windows operative because a question came up at a meeting last Thursday, where the building inspector had a concern about the ability to respond to a fire if the windows were not operative.

Louis DiLisio, Jr.: These windows will not be operative. They are going to be enclosed from inside. We don't want the windows, but for aesthetics, we've got to put them in. This is a storage barn, with shutters, as proposed.

Vice-chairman Sturniolo: Could I make a suggestion? Maybe you may want to have a conversation with the building inspector, because he is the one who raised the issue at a Thursday morning Planning Board Joint Village Hall meeting.

Louis DiLisio, Jr.: Actually we did last week. I actually met with him last week. He didn't say a word.

Anthony Monteleone: We'll deal with that.

Vice-chairman Sturniolo: Tomorrow.

Anthony Monteleone: So there will certainly be a break-through one way or another. They want fire access.

Vice-chairman Sturniolo: Whatever needs to be satisfied with Austin.

Chairman Cosentino: Tony, you've got all of these things that have to be done?

Doug Hertz: What about the driveway?

Anthony Monteleone: That came up today at the meeting, and we spoke to Mike about that, and Mike's suggestion was that since - for the planning purposes the access is going to be from Lexington Avenue, Mike would like us to show some driveway improvement from where the pavement ends between Lexington and the new building. And Mike suggested that we use plastic inserts in the ground filled with gravel, so that we can maintain that non-impervious surface.

Bob Scopelliti: That may or may not be the best thing to use. One of the questions that came up tonight was; Pete Gregory actually asked would it be reasonable or feasible to take and maybe do a cobblestone edging and put gravel in between the two.

Michael Stein: You still will have a concern with running the gravel. That's why I'm suggesting gravel tags, because it actually interlocks. You're not going to get any sinking.

Louis DiLisio, Jr.: The one thing that I'm worried about is that if we have to ever do any maintenance here, with these dry wells or anything else, you're going to have to go ripping up a twenty foot length of this plastic whatever.

Janine McCulgan: For your maintenance of your drywell you should have a port or something like that, so you can access this.

Michael Stein: Cover the grade, framing grade to grade so that way you can always access for insulates.

Louis DiLisio, Jr.: It wouldn't be a drywell?

Janine McCulgan: Yes. Because your supposed to maintain it on an annual basis.

Louis DiLisio, Jr.: Okay, that's something else we didn't know.

Michael Stein: You want an appropriate cover for both dry wells.

Chairman Cosentino: I think they come with a cover.

Nanette Bourne: DEP will direct you with that anyway.

Louis DiLisio, Jr.: So you wouldn't be averse to some form of edging with gravel, in place of - I'm not sure what we'll do, but we're looking at different options.

Anthony Monteleone: To meet Mike's concern about non-rotting and keep the drive surface.

Chairman Cosentino: There isn't much there to do. Nanette, anything else?

Nanette Bourne: No. We reviewed with them the submission requirements fifteen days in advance, that final actions are taken at regular meetings, the next possible…

Chairman Cosentino: I want to shoot for this for the first meeting in November.

Nanette Bourne: Okay and that should be do-able.

Anthony Monteleone: For final resolution and approval.

Louis DiLisio, Jr.: We should have the majority of the things by Tuesday, because when the DEP comes out we want to have as much of what we discussed to go through with them.

Chairman Cosentino: Nannette, stay on top of this with the resolution. Jannine, you're going to stay on top of this if there are any problems? But Tony has something here?

Vice-chairman Sturniolo: The first meeting in November is a regular session, and the submission date is October 25.

Louis DiLisio, Jr.: Does anyone know the date of when that first meeting will be?

Vice-chairman Sturniolo: The first meeting of November is November 14; again, submission date is October 25. It's a regular session.

Nanette Bourne: The 25^th - 15 days.

Louis DiLisio, Jr.: That should be the 29^th right?

Vice-chairman Sturniolo: I'm reading the 25^th on our calendar.

Louis DiLisio, Jr.: We'll submit everything as soon as we can get it.

Nanette Bourne: New applications are 21 days.

Chairman Cosentino: Submit the paperwork.

Louis DiLisio, Jr.: As soon as we get everything you'll have it. We'll have everything except the DEP within the next week.

Vice-chairman Sturniolo: I have one last question for Nannette which deals with - if you could look at page 2 of the application. The application for site plan sub-division approval, down toward the bottom where it says will action require, will action require, the second approval from DEP and the box is checked off “no,” but obviously they need a SPPP. And then the other question is will the action disturb any wetlands or wetland buffer? And you are encroaching into the wetland. So I think that should be changed. To the buffer, excuse me.

Nanette Bourne: No, what we looked at today, there are two different types of wetlands. One is the New York State Department of Environmental Conservation, the DEC Wetland. You are ways from that. You are within the Village wetland buffer.

Anthony Monteleone: So you want me to send in a formal modification? Modify second page, okay. Need approval and within Village Wetlands.

Chairman Cosentino: Okay, everybody understands what they are supposed to do so there is no communication problem here?

Nanette Bourne: And finalize your ARB status.

Louis DiLisio, Jr.: Well, if they told us that we were done, how do we finalize it?

Doug Hertz: That's not our understanding.

Anthony Monteleone: I'm going to talk to Nancy about that, hopefully get that coordinated.

Chairman Cosentino: Talk to Nancy about that and get it done.

Nanette Bourne: Yes, because in order to approve the resolution we need to have a date of ARB approval.

Chairman Cosentino: That's not a problem.

Anthony Monteleone: For the purposes of ARB approval, this meeting tonight and the Planning Board on us presenting or producing documentation to support the issues will be amenable to the ARB taking final action. This is the easiest way to say it. Maybe the hardest way to say it.

Chairman Cosentino: And they might have already, I don't know.

Anthony Monteleone: No, they haven't. Apparently they are waiting. They are waiting for an indication from this board. I'll talk to Nancy about that.

Chairman Cosentino: Let them know our indication.

Anthony Monteleone: I will. Thank you.

Formal Application:

Filippo Simone

127 Barker Street

Filippo Simone, Property Owner

Filippo Simone: Good evening, I am Filippo Simone, property owner of 127 Barker Street. I had to excuse my nephew Enzo Simone. He couldn't make it tonight as the engineer, so, whatever questions you have I will try to answer the best I can, otherwise we might have to make it the next time we meet.

Chairman Cosentino: When he was here the last time there were some minor changes. Ralph, you wanted to see some changes within the design?

Ralph Vigliotti: There were some discussions regarding the sod, but that was an ARB issue. Did you go before the ARB?

Filippo Simone: I think they did, yes.

Ralph Vigliotti: It has been resolved, it's been approved? Is this what they approved here?

Filippo Simone: No, that's the same thing, just a different layout. If you would like to see it, here it is. Same building. Just there is only one change.

Chairman Cosentino: They approved it already?

Filippo Simone: Which one?

Chairman Cosentino: The building, the ARB?

Vice-chairman Sturniolo: Then you picked up, I think Ralph, we were talking about picking up the stone from across the way at the law office building.

Ralph Vigliotti: Yes, cut stone.

Filippo Simone: Yes, we were going to try to pick up…

Vice-chairman Sturniolo: A visual…

Ralph Vigliotti: A fieldstone look rather than a cut stone look.

Chairman Cosentino: But wait a minute, let's back up a little bit. We don't know what the ARB approved, so we can't tell him what to put in there now.

Filippo Simone: To tell you the truth, I know somebody was there and approved something, but my nephew knows all the answers for that. Do you have any records or something there? Any paperwork? This is all I have.

Chairman Cosentino: We can find out now, we're going to call.

Filippo Simone: Unfortunately, my sister in law had a massive stroke or something, and my nephew had to go to the hospital. Otherwise, the plans would be a little bit better.

Chairman Cosentino: Danny's mother?

Filippo Simone: Yes. That's why he's not here. I'm sorry to be wasting your time.

Chairman Cosentino: No, you're not wasting our time; not at all.

Which one is his mother, what's her name?

Filippo Simone: Ross' wife. Josephine.

Chairman Cosentino: She's the nurse.

Filippo Simone: Right. Now she's sick.

Vice-chairman Sturniolo: Where is she, here?

Filippo Simone: Northern Westchester Hospital, right. Now, where do I go? So, tell me what I have here, tell me what to do, and we'll see what we can do to proceed for next time.

Chairman Cosentino: So, you'll learn how to be an architect now.

Filippo Simone: Me? What do I know about architecture, I'm a mechanic?