PB Minutes 3-13-07

Minutes

Meeting of the Planning Board

Village/Town of Mount Kisco

Tuesday March 13, 2007

Meeting called to order at 7.45, Tuesday March 13, 2007, at the Municipal Building Mount Kisco, New York.

Members Present: Chairman Joseph Cosentino

Stanley Bernstein

Doug Hertz

Ralph Vigliotti

Members Absent: Vice Chairman Anthony Sturniolo

Sol Gibbons

Joseph Morreale

Staff Present: Whitney Singleton

Nanette Bourne

Anthony Oliveri

Minutes, January 9, 2007 Motion: Stanley Bernstein

Second: Ralph Vigliotti

Aye: Stanley Bernstein

Aye: Ralph Vigliotti

Aye: Chairman Cosentino

Aye: Doug Hertz

FORMAL APPLICATION

Charisma Holding Corp. (Estate Motors Auto Storage Facility)

19 Kensico Drive

Application No: PB2006-23

Members Present: Janet Giris, Delbello, Donnellan Weingarten, Tartaglia, Wise and Wiederkehr

Chris Buonanno, Charisma

Diego Vallareale, John Meyer Consultants

Chairman Cosentino: This is a formal application. Why don't you start with the easements?

Janet Giris: I think you are all familiar with the property. We were here back in November for Conceptual Review, and what we're going to do is to store vehicles on the site, Mercedes Benz vehicles. Our application discusses the details of that. We're looking to store approximately 60 vehicles on the property. The property that is the subject of the application is actually only the piece of property with a building on it. There is a property to the north which the applicant is also requiring. That property is about 25 feet. It's a driveway, and it's shown on your plan as a right-of-way. It is encumbered with easements. We do have a title report for it. The title report does not go into who has rights over that right-of-way, so for us to do a search of all of the properties in the general vicinity; we don't know. We do know that others do have rights of ingress and egress over that right-of-way. Those rights of ingress and egress are limited to exactly that; a driveway, ingress and egress, and it does not permit any parking or anything on that site. So, even though they are acquiring the property, they would be able to use it to drive on, but they wouldn't be able to park vehicles.

Chairman Cosentino: But even though, why would somebody else want to use it?

Janet Giris: You can go around the rear, so we think that the property next door, which is 19, is this 15?

Chairman Cosentino: Is that Honda, yes?

Chris Buonanno: Yes, service.

Janet Giris: Right. We believe that they are one property owner that has rights over that, because then it gives them circulation around their site, and back out through ours.

Chairman Cosentino: So, nobody can really close it off?

Janet Giris: That's right. As the building currently exists, there is a garage door on that side of the building. That's something that we're proposing to eliminate. As we discussed when we were here last, what we're proposing to do is just do some exterior work to the building to clean it up. Are we painting or siding?

Chris Buonanno: Yes, re-siding.

Chairman Cosentino: But what about the driveway; weren't you going to do something about that? Pave it or something; clean it up?

Chris Buonanno: Yes, we were going to pave it; resurface.

Chairman Cosentino: The other thing was I read a report from Jannine, she's no longer with us anymore, but she had some things that she wanted addressed. Am I right Anthony?

Anthony Oliveri: Yes. There was a December 12 memo.

Chairman Cosentino: Did you get that memo?

Janet Giris: No.

Anthony Oliveri: She had about eight points on here. One of them was the right-of-way; a number of things.

Whitney Singleton: The memo was to the board in response to the applicant.

Chairman Cosentino: That wasn't too bright. How is the applicant going to do the work if they didn't get a memo?

Janet Giris: I apologize for that.

Chairman Cosentino: It wasn't your fault. Can we get a copy of that?

Whitney Singleton: Sure. I'll go make a copy of that.

Chairman Cosentino: Can we use that in the meantime so counsel can see it? I think its things that we went over, the drainage, things like that. I think we went over all of this already.

Nanette Bourne: She had it the 9^th. That's when you were before the board.

Chairman Cosentino: Yes, but they never got a copy of it though.

Nanette Bourne: I think she was reading from it.

Anthony Oliveri: Essentially I think the plan was conceptual, and you don't have any real site engineering issues addressed at all.

Janet Giris: And one of the issues that she reads is here. She says first that a formal site plan be submitted; which we've done, and addressing the right-of-way. Two, with regard to car carrier vehicles, as we've indicated in our application, there will be no deliveries on a truck to that site. Site lighting plan, there are no real changes.

Chairman Cosentino: Wouldn't you want something for security there, lighting?

Chris Buonanno: Yes, we have lighting going on in the front of the building facing Kensico.

Janet Giris: Do you want to point that out on here?

Stanley Bernstein: There is one light.

Chris Buonanno: Yes, one light over the garage entrance.

Nanette Bourne: You still need to provide information on the candles.

Chairman Cosentino: Five candles, that's all; that's not a big deal.

Nanette Bourne: And you need to have closed cut off fixtures; which you would probably do anyway.

Chairman Cosentino: And the only thing I have is that you're going to clean up the cars, the drainage, and what you're going to do. That's it. What else do you have Nannette?

Nanette Bourne: You're frontage is on Kensico, and you're putting in a new awning in. Are you doing landscaping there?

Janet Giris: I don't believe that there is any landscaping proposed there. All of that is currently pavement. There is an existing overhead door, which will stay there, and then the awning is there, but everything is paved.

Nanette Bourne: There is no green?

Janet Giris: There is nothing. Everything is impervious.

Chairman Cosentino: I don't think there is any room for it, is there?

Diego Villareale: I have an aerial photograph, so it shows it pavement.

Chairman Cosentino: Yes, I see its paved right up to the road. You could put a couple of tomato plants there. It is what it is.

Nanette Bourne: When you say that there is inside the building a feature car display area, what is that?

Diego Villareale: It's down in front. I believe that was just intended when a car - after it's finished washing and it's getting ready to be removed and driven back to the other facility, it would just be parked there. That's a car that's going to be sold and taken away.

Janet Giris: And they just take a look at it.

Chairman Cosentino: It's not a showroom, in other words?

Janet Giris: No.

Nanette Bourne: Then you should probably change that. This reads as though that would be a showroom.

Diego Villareale: No, it's just after a car is cleaned up and ready to be driven back to the facility. Absolutely - it will be changed.

Doug Hertz: I had the same question - why are you having a display area?

Janet Giris: They do that to inspect it.

Doug Hertz: That would be a better word; Inspection area.

Chairman Cosentino: And Anthony, you did something with the drainage, did you?

Anthony Oliveri: I remember on the memo from Jannine, there was something about interior drains not being directed to storm. I didn't notice it on this plan; maybe it was on a previous plan?

Janet Giris: There is just one thing that that I wanted to clarify. At the time we made this application we talked about a recycling system, which would collect and store all of the water for the car washes, which would be removed. The applicant is not planning to do that. What they are planning to do is hook up into the sanitary system. We talked about the number of car washes that would occur here. In a busy week it would be ten to fifteen. Each car wash takes about 25 gallons of water, so at a maximum, there would be perhaps 15 a week. But it's not something that would happen on an ongoing regular basis.

Stanley Bernstein: And what would you propose to do when water regulations during your next drought and the Village promulgates water?

Chairman Cosentino: They are exempt - like our carwashes; our own code.

Stanley Bernstein: We should prepare for that.

Chairman Cosentino: But you've got to change the code. Dealers are allowed to wash cars, car washes.

Stanley Bernstein: Recycled.

Chairman Cosentino: Not dealers. Cairns doesn't recycle. TA Byrnes doesn't recycle. No dealership recycles. Lexus is not recycling, I don't think.

Doug Hertz: Yes they are.

Chairman Cosentino: That's because it's new.

Doug Hertz: So is this.

Stanley Bernstein: I don't like that idea.

Diego Villareale: It's a low use car wash system; again, it's 25 and with the minimal amount of cars that they are going to be washing here, you're looking at about 300 galls a week, so it's really a minimal amount of water, really, it doesn't tax the system that's there.

Doug Hertz: What was the reason not to put in a recycling system?

Chris Buonanno: Cost.

Whitney Singleton: But the application itself says that you are going to recycle, and that you were going to remove the effluent off-site.

Janet Giris: That's what I've just explained to the board. At the time we prepared the application that was the intention, but since that time that plan has changed. So, we're happy to send a letter to the board to indicate that that has changed. Mr. Buonanno is the applicant here; I don't know if the board is aware of that, he's the owner of the property or contract vendee of the property.

Chairman Cosentino: I see there is more storage than car wash.

Stanley Bernstein: There are three service bays, though. Those are service bays, aren't they?

Diego Villareale: No, that shows just the typical bay lift. There are no service bays here. Vehicles are not going to be serviced in here.

Stanley Bernstein: What's the lift for?

Diego Villareale: The lift is to store the cars.

Stanley Bernstein: One on top of the other?

Diego Villareale: One on top of the other.

Janet Giris: Right. On one side, where you've got numbers one through twelve, those lifts will be three cars high. On the other side they are two cars high, so altogether there is a possibility of sixty.

Doug Hertz: But this is where you are prepping vehicles for delivery, yes?

Diego Villareale: They wash it and clean it up; I don't know if there is anything else they do to the car. They are all brand new so they are in very good shape; Armour All.

Janet Giris: They are peeling plastic off them.

Ralph Vigliotti: It's interesting that you were originally going to recycle then you just kind of pulled that rug from under us. I was kind of moving favorably on this, but I think the recycling piece is important, and I'm ready to move forward on it, but if we're crossing over into the twenty first century, and we're worried about recycling water usage and so on, this fits it. It doesn't sound like we're talking a major, major investment in recycling of water if there is only that many gallons.

Chairman Cosentino: What are we talking about anyway?

Chris Buonanno: Fifty thousand extra for a re-cycling system. The car wash I'm buying is 25 grand, and to get the recycling system is about a shade under 75. For that amount of cars it just seemed like a lot of money.

Ralph Vigliotti: It does seem like a lot, however, I don't know how the rest of the board feels, I'm not stuck on it, but the sticker price of $50,000 is - I didn't think it would be that much money.

Chris Buonanno: I thought it was excessive.

Ralph Vigliotti: And you have documentation indicating that you go from 25 to 75,000 by recycling water.

Chris Buonanno: Yes. I was dealing with Hercules Carwash, which is pretty much the car wash around here that everyone uses.

Doug Hertz: Ralph, my feeling is the same way. One of the big issues that this town has is water. We're tapped out. And usage like, right across the street where Lexus just went in, we required them to do recycling. They are doing a slightly higher volume.

Stanley Bernstein: Premier is doing recycling also.

Doug Hertz: Premier as well. So, it's not as if it's unique. Perhaps there are mid-price alternatives or alternate price alternatives. As one board member it certainly seems an important function of this. I have really very little problem with any of the rest of it. I did have one question which is unrelated to this specific thing, but certainly water usage comes up on every application. Mount Kisco is not tapped into the aqueduct, so we're on a filtration plant and our water is finite.

Chairman Cosentino: You're going to have to make it pay for itself; you do more cars.

Chris Buonanno: From your mouth to his ears.

Doug Hertz: Is there parking? How many employees are on site?

Chris Buonanno: Two.

Doug Hertz: And is there parking for them?

Chris Buonanno: That's at the most; I believe it is, two. They come in, drop of a vehicle, pick it up, prepare it, and those two parking spaces are right there, right at the entrance.

Whitney Singleton: Inside the building?

Chris Buonanno: Yes. Everything would be contained inside the building.

Chairman Cosentino: Well, I think everything is okay, except unfortunately the recycling; it's in your application and you've got to make it pay for itself, that's all.

Chris Buonanno: I don't want to hold it up for that.

Chairman Cosentino: If you're going to do ten, you're going to do 30.

Chris Buonanno: Or 40.

Chairman Cosentino: Or 40. I don't want to hold it up for that.

Diego Villareale: Now, the effluent from the car wash system. Occasionally it has to be rinsed out, washed out. That's connected to the sanitary sewer discharge there.

Chairman Cosentino: Okay. Everything else seems to be in order.

Janet Giris: Okay. That's your call. Now what would be the procedure from here?

Chairman Cosentino: We'll put you back on the agenda - check with Nannette.

Nanette Bourne: The outstanding issues are to modify the plan to correct the future car display area. Do you want documentation on the easement?

Whitney Singleton: They provided documentation on the easement; the problem is I can't follow that under any set of circumstances with the survey. It doesn't match the survey at all. I don't think that that's the same easement agreement that governs this property.

Janet Giris: Are you talking about the utility easement?

Whitney Singleton: No. You refer to it as the utility easement. I think it governs a much larger area of the boundaries of the description.

Janet Giris: What I can tell you; when we ran title on the property is that the deed indicates that it is subject to a right-of-way. It doesn't say who has rights over that right-of-way. I can give you a copy of this title report, I can send it to you if you'd like so you can take a look at it. There is nothing that we can tell you about it other than it is encumbered with an easement for others to use. As to who has rights to use it, that we are unable to tell you.

Whitney Singleton: As far as this application goes, I just want to be clear with the board that that area shown has adjacent properties to be acquired as not part of this application.

Janet Giris: That's correct.

Whitney Singleton: There will be no improvement of that area as part of this application.

Chairman Cosentino: No, we didn't expect that.

Whitney Singleton: And there will be no parking.

Chairman Cosentino: No.

Whitney Singleton: Okay. The deed itself and the plan; this conflicts with the survey that was previously provided. There was actually an encroachment of the building in the northeast - northwest -

Janet Giris: We are in the process of getting a new survey for this property. The survey that I provided to you at the conceptual review is something that the seller provided to us, and its thirty odd years old. I know that we ordered a new survey and we're begging them to get it to us. They haven't gotten to us yet. As soon as that comes in -

Chairman Cosentino: Why don't you do that, and Nanette, let them clear everything with you, and then let it come back before this board here so we don't hold them up.

Nanette Bourne: So you are going to remove the featured display area and correct the adjacent property acquired.

Chairman Cosentino: Right, he's going into the carwash business.

Doug Hertz: As long as we're doing this, can we label the temporary parking spaces as employee?

Janet Giris: Sure.

Nanette Bourne: And the lighting.

Janet Giris: Right, got that.

Doug Hertz: We'll need photo metrics.

Janet Giris: That's not a problem.

Chairman Cosentino: So, get that back to us and we can finalize this.

Whitney Singleton: Just so that we don't have a problem later on. I understand that this is a use well-received by the board. Austin wrote a memo on December 6 indicating that the required parking for the site would be significantly higher. So, I think that the application is going to have to reconcile with that.

Janet Giris: What we'd like you to do is consider the parking that's located inside the building as satisfying the parking requirements.

Chairman Cosentino: That's good.

Whitney Singleton: Right, but he's indicating that the parking requirements should be approximately nine spaces.

Janet Giris: We've got sixty.

Whitney Singleton: Exclusive of your inventory, for employees. There an associated parking requirement for every use including the storage of cars that's approximately one per thousand in square footage.

Janet Giris: So if we're indicating that this particular use requires eight parking spaces, then we've go the two in the front which would satisfy two of those, and then we can designate six others.

Chairman Cosentino: Inside.

Whitney Singleton: Alright, so that's storage for fifty four cars.

Janet Giris: Right.

Whitney Singleton: And the only other thing that I just want to make very clear for the records. In the original application, it says that cars are going to be trucked to the site. In this application they say that the cars are going to be driven to the site.

Janet Giris: That's right. When we were before this board and we talked about it at conceptual review, there were some issues with regard to whether or not we could off-load on the site, and once we got into the title issue and the fact that we couldn't park on the right-of-way, and really there is no other place. There is no off-street area for us to off-load. We decided that -

Chairman Cosentino: Well, I don't want to put a fly in the ointment or anything like that, but if Lexus says look you can unload on my property, that's not our business.

Janet Giris: That's fine, and we appreciate that; but we do not intend to off-load anything on Kensico or in the right-of-way or in the front yard or anywhere. Everything will be off-loaded at Golden's Bridge and driven to the site, or if we make an arrangement with somebody else; we can do that as well.

Chairman Cosentino: Right. Can you give him a Mercedes once a year?

Doug Hertz: May I ask in that case that the narrative be expanded to describe the usage of the site more specifically the way you're describing it including how many employees on site at any one time so that we can get that as text?

Janet Giris: I can add the information to -

Doug Hertz: It's been described in the conversations, but I don't see it specifically in the application whether it's just part of the introductory narrative or -

Janet Giris: We can add the information that there will be two to three employees at a time, as far as anything else, we did say that all new vehicles will be delivered to the dealership located in Golden's Bridge, and we also indicated that we do anticipate only three to five trips a day.

Chairman Cosentino: Let's not forget, if they're going to designate more parking spaces, that means they want another employee or something like that they can -

Doug Hertz: Right, what I'd like to do is get their intention of what's going to be. Also, interior space other than - is there any of the second floor space that is going to be given over to office or anything else?

Janet Giris: There is actually mezzanine space which is being eliminated -

Doug Hertz: Right, but is there any that is being kept? Is there any second floor space? Because we only have a first floor plan.

Janet Giris: Yes, there is about six hundred square feet of that mezzanine area, which is going to remain. Storage and I believe the bathroom - is the bathroom up there?

Diego Villareale: Bathroom on the first floor.

Whitney Singleton: In your application also, when you talk about the reduction of the mezzanine area, which is fine, it should also reflect somewhere else in the application what the resulting square footage is going to be. Because it's going to be lower than the 8,900, and that affords to your benefit there with the parking.

Stanley Bernstein: The rear entrance that's existing - that is going to stay?

Doug Hertz: The door entry.

Stanley Bernstein: The door entry. You want a security light over that.

Diego Villareale: Okay, that's not a problem.

Chairman Cosentino: Good though. Okay, is there anything else? Nannette, work with them on this so they can bring it back before us, so we can continue the process.

Janet Giris: Thank you for you time.

FORMAL APPLICATION:

Domino's Pizza

130 North Bedford Road

Application No: PB2007-02

Present: Anthony Maestri

Chairman Cosentino: Let's start with your parking. What size are these parking spaces that you have here?

Anthony Maestri: They are existing nine feet wide by 20 feet.

Chairman Cosentino: We don't have any parking alongside here. What did you create this?

Anthony Maestri: There are lines there.

Chairman Cosentino: I don't care if there are lines, there is no parking there. And how many feet is it from here to here?

Anthony Maestri: I don't have the exact numbers for you on that. That is not to scale, although I did submit everything it was unclear whether I needed a site plan, and then about a week into the process, after everything had been submitted, I have been asked by Nancy that I do need a site plan. I didn't understand exactly why, I'm just dealing with the interior of that location.

Chairman Cosentino: The original site plan probably calls for 25 parking spaces and how you got 30 I don't know.

Anthony Maestri: I went through all the records to try to find the original site plan.

Chairman Cosentino: We have it downstairs, don't we?

Anthony Maestri: When I went through the records and the books they had a problem locating the original site plan. I went back to when it was Sears.

Nanette Bourne: Yes, that's true. We were helping your architect from -

Anthony Maestri: Georgia.

Nanette Bourne: Georgia. The original site plan, approved site plan was not -

Chairman Cosentino: Didn't I just see one downstairs, Whitney?

Nanette Bourne: There was one that was really old, but everybody knows there was one more recent, and as of last week nobody could locate it. So what we told him to do was to bring in a site showing what is on the site right now, so that the board can have a discussion about the adequacy of parking and ingress/egress.

Chairman Cosentino: There are questions - we need to know the footage, since you've got parking here; one, a scale of the parking that is there.

Anthony Maestri: All of this entire paper is to scale except the size of the building. This is all on graph paper.

Nanette Bourne: And all this is what's out there right now?

Anthony Maestri: Yes, I did that myself. I measured every single - the whole parking lot.

Chairman Cosentino: And they are 9 ½ by 18 ½?

Anthony Maestri: The spaces, yes.

Ralph Vigliotti: Did you say 9 or 1 ½?

Anthony Maestri: I said 9, but if you add the space of a line - I measured everything out in the lots compared to the lot size on record, and what was there, and I came up with 9 feet wide, which is ample space for a car and doors to open.

Chairman Cosentino: That's code.

Anthony Maestri: And it was exactly at least double. It was 18 ½.

Chairman Cosentino: Okay, just the space from here to here. I don't know what it is. Should it be 20, 21, 2