PB Minutes 7-10-07

Minutes

Meeting of the Planning Board

Regular/Work Session

Village/Town of Mount Kisco

Tuesday, July 10, 2007

Meeting called to order at 8 pm, Tuesday July 10, 2007, at the Municipal Building Mount Kisco, New York.

Members Present: Chairman Joseph Cosentino

Vice Chairman Anthony Sturniolo

Stanley Bernstein

Sol Gibbons

Doug Hertz

Members Absent: Ralph Vigliotti

Joseph Morreale

Staff Present: Nanette Bourne

Anthony Oliveri

Whitney Singleton

Minutes, April 10, 2007 Approved

Motion: Stanley Bernstein

Second: Doug Hertz

Aye: Sol Gibbons

Aye: Doug Hertz

Aye: Stanley Bernstein

Aye: Chairman Cosentino

Abstain: Vice Chairman Sturniolo

Minutes, May 8, 2007 Approved

Motion: Stanley Bernstein

Second: Sol Gibbons

Aye: Doug Hertz

Aye: Stanley Bernstein

Aye: Doug Hertz

Aye: Chairman Cosentino

Abstain: Vice Chairman Sturniolo

Special Discussion:

Pour

241 Main Street

Application No: PB2007-11

Present: Anthony Colasacco

Chairman Cosentino: You're going to be buying Bolo Bar? I understand you're in contract with it, and we have a provision on the time it opens, the time it closes.

Anthony Colasacco: Yes, I'm under that understanding, but when I leased it that wasn't brought up; nor did the owners of the property were aware of that.

Chairman Cosentino: It should have been brought up. The attorney that you're using was the one that they were using. I take umbrage to your letter also. There are a lot of inconsistencies in that letter that you wrote. Number one, a whereas, is part of the resolution.

Anthony Colasacco: Actually someone drafted that for me, so it's not my language.

Chairman Cosentino: I figured that. There was a reason for the prior owner, before, I forgot his name anyway. There is an office upstairs.

Anthony Colasacco: Correct.

Chairman Cosentino: And the problem was the parking for upstairs during the day was greater than downstairs. So he said, he quoted, “I don't have to open till five or five thirty. That office will be closed upstairs.” And we also mentioned there are residents in the back. You have a bar, not a restaurant. He said, “Oh, I won't be open up till after 11:30 at night.” It's not this board that said you have to open and you have to close at a certain time. He agreed to it, of course we went along with it, it was a good idea. You're asking for relief on that.

Anthony Colasacco: Yes. I personally don't think that I'll survive on six hours only. I used to go there. I was good friends with Michael, the original owner the guy who apparently must have made this statement, and I honestly didn't get there till I closed my other restaurant.

Chairman Cosentino: You picked up a resolution before…

Anthony Colasacco: No, no. I walked in to pick up an application for a sign, and this came up.

Chairman Cosentino: I just want to address some things in your letter. Number One, you have an application before us. The application was $500 and that stands. You're not going to get your money back on that. So we'll clear that up right away.

Anthony Colasacco: Okay.

Chairman Cosentino: The hours we have to work on. The Whereas is part of the resolution, so whoever drafted your letter, let them know the Whereas is part of the resolution. Okay, go ahead; I just wanted to straighten those few things out. Tell us your story now.

Anthony Colasacco: I had never mentioned anything about being opened during the day; starting early. Lunch crossed my mind once; if that's not an option, that's not an option. There is no way that I can survive on six hours a night. It is going to be a lot more food oriented. It's not necessarily a restaurant. It's going to be a wine bar, light food, but what can be made in there; Paninis, cheese plates, etc., but I'm gearing for a different crowd. I'm not going for the young or nightmare type of a crowd. I'm going for a little older, more upscale. There is no way I'll survive on six hours a night. It's impossible. I'll be out of business in no time.

Chairman Cosentino: Didn't you know this before you went into contract?

Anthony Colasacco: No I didn't. The first I heard of this was when I went to put in my sign application. That was the first thing I was told. I believe it came from the gentleman upstairs, and they said you can't open for lunch.

Chairman Cosentino: When did you find this out?

Anthony Colasacco: Maybe a month ago. I went in, like I said, just to pick up a sign application. The first thing; I believe it was Nancy who said you can't be open for lunch. I never mentioned lunch.

Chairman Cosentino: I think you knew before that, but I'm not going to argue with you.

Anthony Colasacco: No, no, honestly because I would never have taken…

Chairman Cosentino: I think you were told by somebody.

Anthony Colasacco: No, honestly I was not. I had asked everybody involved. I even spoke to Michael the previous owner, tonight, and he said he knew nothing about it. Whether he's lying to me is another story.

Vice Chairman Sturniolo: We're only going by the second page of the letter which has your signature. Whoever drafted the letter for you didn't do the proper research and probably a disservice to you. You talk about lunch. Well, lunch is clearly out of the question on this approval.

Anthony Colasacco: Like I said, I walked in just to pick up the sign app. I'm not looking to be there from morning to night.

Vice Chairman Sturniolo: As a matter of fact, as you read the resolution, it goes on further to state that the only food that can be served is light finger food, snacks, and I think they use the Spanish term Tapas.

Anthony Colasacco: That's exactly what I'm doing. I don't have a copy of the menu, I should have brought it. It's light. Cheese plates, there is really no kitchen to speak of. There is a Panini grill.

Chairman Cosentino: You're not going to put a kitchen in.

Anthony Colasacco: No, I can't. There is no kitchen. I am basically modeling it after a much smaller place in Manhattan with a toaster oven and a Panini grill.

Chairman Cosentino: So you won't be open till after five? Is that it, five, five thirty?

Anthony Colasacco: No that's fine. I'm a single guy and I have to feed my kid before I head off to work and do what needs to be done.

Chairman Cosentino: But you intend to stay open until after 11:30 for survival?

Anthony Colasacco: Absolutely. I don't think I could survive without it. I couldn't imagine having people there and telling them they have to leave.

Chairman Cosentino: What happened up there, it's all closed off now?

Anthony Colasacco: A tree fell on it and a wire hanging across the road. I mean 5:00 is perfect. He closes at five, and I come in at five.

Chairman Cosentino: How do you feel about parking? You say you want to survive.

Anthony Colasacco: I intend to do what Michael did and take it even more so than what Michael did. Exactly. It's upscale, that's why I'm going for a wine bar. I'm not looking for the kids; I'm not looking for a headache. I'm not looking for problems.

Chairman Cosentino: You got that on record?

Anthony Colasacco: The last thing I need is a headache.

Chairman Cosentino: So the only thing here is the hour of closing.

Anthony Colasacco: I have no intention of being there till four in the morning, while getting up at six to get my son up.

Chairman Cosentino: You have no intentions of having a cabaret license, either, right?

Anthony Colasacco: No. Not even a desire to have one. Don't want one. That was never a question as well.

Doug Hertz: Joe, what's the proximity of this to the residences in the rear?

Chairman Cosentino: The rear. The back of the parking lot. And, of course, next to it, to the left of it, as you go in the driveway there is a Barton's upstairs. The only place where there is nothing is the former Luna's, which is really a restaurant, not a bar. And of course the parking there is far more south. What is the pleasure of the board here? Do you want to think about this a little bit?

Stanley Bernstein: Do we have the authority to change the hours?

Chairman Cosentino: There is a resolution here. We can hold them to it.

Stanley Bernstein: He would have to submit another application in order to change the hours. We don't have that authority.

Chairman Cosentino: He already submitted an amendment to the application. No. This is a resolution. In order to change this it has to go through this board. We don't have to change it, we can leave it the way it is and he can do what he wants.

Stanley Bernstein: I don't think we can legally change it.

Chairman Cosentino: Counsel, can this board legally change it?

Stanley Bernstein: Without another application, a re-application?

Whitney Singleton: I believe the applicant is seeking two things in the alternative. One, a clarification; or two, a modification for the existing approval. If your board wants him to submit an application with a fee or a modification to the existing site plan, your board is welcome to entertain that.

Stanley Bernstein: In other words you're saying it's legal. It can be done.

Chairman Cosentino: It can be done, we don't have to.

Whitney Singleton: If you want to draft a resolution from that…

Vice Chairman Sturniolo: And that would entail a site plan, lighting, landscaping, the whole nine yards, because this then gets pulled off the table and you would submit a brand new application.

Anthony Colasacco: I'm asking then if you do have the authority to change that then it would be a lot less, honestly, on my wallet and everything else to do that without me having to go through yet another hurdle. I just don't want to be looked upon as the previous owner who had all the problems.

Chairman Cosentino: We're not. But what we have to do for you we have to do for the next person. So what we have to do now is make sure that it's the right thing. So Whitney are you saying another application here, or a new site plan?

Whitney Singleton: No, what you have before you is a resolution of your board from 2003, which has certain conditions associated with its approval. The applicant is requesting that that resolution of approval be modified.

Chairman Cosentino: So then I'm going to repeat what I said then. If we want to we can amend the resolution, or we do not have to amend the resolution. It's up to this board.

Doug Hertz: To me the issues are really one of noise. We're not discussing parking because we're talking about 11:30 to 2:00 am, so there doesn't seem to be any parking impact that's going to be involved. We're talking about a noise impact. So I'd be curious to know what the current noise statues are. Are they strong enough as written to protect the tenants or is this a special case where were going to need to add some additional language?

Whitney Singleton: If you want me to give you an assessment of what the noise ordinance is I'd be happy other than the local law regarding noise; it's obviously not going to be as restricting as what you currently have. The applicant has represented that he will not be seeking a cabaret permit?

Anthony Colasacco: Yes.

Whitney Singleton: I don't know what the representation is with regard to the use of the porch. That's historically where noise is imminent.

Chairman Cosentino: What is the use of the porch?

Doug Hertz: Is there music outside, piped in over speakers, for any of the exterior space?

Anthony Colasacco: No. If I can't have it out there, I can't have it out there. It's not an issue.

Chairman Cosentino: But are you having tables outside?

Anthony Colasacco: There were chairs out there. Wine bars are generally seventy, eighty percent women. I'm going for a much mellower, higher end sip or glass of wine; have a piece of cheese atmosphere. I'm not looking to become a club owner. I don't want noise hassles, grief. And I'm also aware that I'm going to be under a microscope due to the previous owner.

Doug Hertz: There are also issues of noise in closing up throwing out bottles; the sounds of closing up. Dumpsters, garbage, all that at 2:00 or 3:00 in the morning.

Anthony Colasacco: Honestly, that would probably be something that I would take care of during the day. If I have to do what needs to be done to survive, I will do it. I don't see myself crashing there are no dumpsters. There are garbage cans out back. If I have to clean up in the morning prior to opening, that's not a problem as well.

Vice Chairman Sturniolo: On the first page of the application site plan subdivision approval, by the mere fact that its hand written where it says type of application, check one of them, and nothing is checked. The mere fact that it's written “resolution amendment,” does that legally and technically change the complexion of this document which is titled Application for Site Plan Subdivision Approval? There is no application that we have that is called a Resolution Amendment to a Previously Approved Site Plan.

Anthony Colasacco: That could just be my lack of law knowledge in filling out an application.

Vice Chairman Sturniolo: Did you fill this out?

Anthony Colasacco: I filled this out to the best of my knowledge.

Vice Chairman Sturniolo: Because I don't want to see us get drawn into just saying we're going to amend the resolution predicated on this piece of paper as opposed to a new site plan. And I need to be crystal clear with you, and I'm just one voice, but even if you submitted a new site plan that's not going to guarantee that it's going to be approved. I have a very serious concern about the neighbors on two sides of you, and noise.

Chairman Cosentino: Do I understand he doesn't need a new site plan?

Whitney Singleton: First, the Vice Chairman is correct that under our Code 110 45-6, that says any application for an amendment of an existing site plan shall be made in the same fashion as the original application.

Chairman Cosentino: So he's going to need a new site plan?

Whitney Singleton: If he is altering the site. He's altering the condition of his existing site.

Chairman Cosentino: He's not altering the site.

Whitney Singleton: He's seeking a modification of the existing condition if it's approved. So, yes, he would be altering the site plan resolution.

Chairman Cosentino: He is not?

Whitney Singleton: He is altering his conditions relative to the site plan resolution, which may mean no physical alteration in the site plan itself, but it's an alteration of the condition of approval. In other words I don't think you're proposing a physical alteration to the site?

Anthony Colasacco: No. None whatsoever.

Chairman Cosentino: So go ahead, Tony, continue. We got that verified.

Vice Chairman Sturniolo: So, that's where I'm coming from. But again, I'm repeating myself, and I promise you I won't say it a third time. If you do go the route of submitting a new Application for Site Plan Approval do not think that is a guarantee that it's going to be approved. It's like starting from scratch. It's like as if these two sheets were never here and you came in with another document on another night. It's not a guarantee of approval. It's a procedural thing, and there's a check that needs to be associated with that as well.

Anthony Colasacco: I understand.

Chairman Cosentino: So you have to go back to the drawing board.

Anthony Colasacco: So that you can do what I'm asking to do?

Chairman Cosentino: Not now, not at this time. You need to talk to the Building Department again, and we meet again in August.

Vice Chairman Sturniolo: Also, what is the proposed use? It says café and wine bar. I know what a wine bar is; what do you define café as?

Anthony Colasacco: Light food, exactly what is in there. Just something that let's somebody know there is some form of food there.

Vice Chairman Sturniolo: Which you need to provide legally in New York State if you're serving liquor.

Anthony Colasacco: Oh, yes, I originally had Panini and Tapas. I just decided café was a little shorter than putting Panini and Tapas. Tapas is very much Spanish, and I don't want to lock myself into Spanish food.

Vice Chairman Sturniolo: And Pour? P O U R? French for?

Anthony Colasacco: No, not French. If you see the card you'll get it.

Vice Chairman Sturniolo: Oh pour, as in pour a bottle of wine.

Anthony Colasacco: Yes.

Chairman Cosentino: What you need to do is go back to the Building Department and they will have all the details for you. When do we meet again?

Doug Hertz: Joe, just so I understand, what are you requiring of him?

Chairman Cosentino: My understanding here is that he needs a new site plan.

Doug Hertz: That's not what I heard. That's why I'm asking.

Chairman Cosentino: Do you want to repeat that for Doug?

Whitney Singleton: I said that applications for amendments to site plan are received and entertained in the same fashion that original documents are, and there is an existing site plan that this board approved at some point in time, when the building was modified, and there was a resolution modifying the permit use and modifying the conditions of the permitted use by your board in 2003. Before your board now is an application to further modify that resolution approved. It does not necessarily entail the modifications to the site itself. It entails modifications to the use and conditions related to this. So your board has within its powers to look at any and all of the elements of 110 45 of the code; whether landscaping, lighting, parking, paving and the building elevation depth; I don't think any of those things are proposed to be changed, but that is your board's discretion.

Doug Hertz: So you can probably get from whomever the current owner is the site plan that was there. You probably don't have to do anything to it but change some title information.

Chairman Cosentino: That's why I said he's got to go to the Building Department. They have it all down there.

Doug Hertz: If you do not propose any physical alterations and then we're going to need a narrative describing, making it very specific, hours of operation, and all the other related parts.

Chairman Cosentino: That would save you time and money to go down there. Our next meeting is August 14. So if you could make the August 14 meeting, but make sure you have all your stuff, check with the Building Department, and we'll see you on August 14.

Anthony Colasacco: Okay.

Vice Chairman Sturniolo: Also check on the days when it has to be submitted. August 14 would be stamped July 25.

Chairman Cosentino: Thank you.

Special Discussion:

Village of Mount Kisco Safe Water Yields

Present: Mr. Brian Parker

At this time, Mr. Brian Parker gave a presentation about the sources of water in the Village and professional estimates to the amount of water available from those sources during extended periods of below normal rainfall. Mr. Parker is a former Planning Board Member.

Chairman Cosentino: I'm going to take one out of line.

Site Plan Review:

345 Lexington Avenue

PB2007-10

Present: Kent Theusen

Recused: Chairman Cosentino

Chairman Cosentino: I'm going to recuse myself from this because I had dealings with the particular building that we're talking about. Vice Chairman Sturniolo will take over.

Vice Chairman Sturniolo: What we are faced with in Mount Kisco is the Village wide concern about your property at 345 Lexington and the commercial vehicles that you currently own using the extension road in the back traversing into a “residential” neighborhood. The concern is serious on the part of the Village, hence the reason why you were asked to come here, to come up with a solution. We know one of the solutions really isn't viable, and that is to use that 20 foot access that you legally have to the right hand side of your building to get out onto Lexington Avenue because of safety site lines, etc., etc. You agree with me on that, so we're here now to listen to what you are proposing as an alternative. There is a memo, and I'll give you a copy of it that the Village building inspector put together. You should have a copy of that in fairness to you, and at this point just tell us what your game plan is.

Kent Thuesen: One of the things I did was I met with Bob, who is the owner of the Henry Delicatessen right next door to me to try to see if I could get an access to the back.

Vice Chairman Sturniolo: Because we don't have a plan in front of us, just go specifically, visually, where Henry's is in relationship.

Kent Thuesen: Henry's is to the right of me. It's the building to the right of me. Its Henry's Delicatessen, and if I could ask him to remove one parking spot and make an access from his parking lot into the back of mine it saves me from bringing my trucks through the West Street extension to the rear of 345 Lex. So, he is compliant with it, he would allow me to do it as long as I could help relieve the problem of keeping commercial vehicles from going through the residential area.

Vice Chairman Sturniolo: At night where are your vehicles normally kept?

Kent Thuesen: I have six of them that were kept here, and then there are three others that the guys take home. And then, actually two of the trucks I just sold. There were two other trucks that were sitting there all the time. Once I heard first knowledge of this being an issue, they were just sitting there as layover trucks, so I sold the trucks; two of them.

Vice Chairman Sturniolo: What is the status of the back parking lot if you keep some vehicles and the tenants above your business and their cars?

Kent Thuesen: Right now it works fine for us. I mean, it's been working fine. The tenants leave early in the morning, my plumbers come in, load up the material and get out, so it hasn't been an issue whatsoever for us as far as parking or loading in and out. I think the issue is just the commercial vehicles driving through a residential area, from what I understand.

Vice Chairman Sturniolo: And the tenants would drive through the West Street Extension?

Kent Thuesen: Yes, they would drive through the West Street Extension.

Vice Chairman Sturniolo: And you would use the Henry's Deli parking lot?

Kent Thuesen: Yes. Just use the space there, yes. I put on… I gave a little drawing, but I put “Emergency Gate Use Only”, but it would probably be easier on the weekends, I'd shut the gates here, and open the gate in the back for the tenants use on the weekend. It's basically the tenant's more or less going in and out all weekend. Otherwise you just do it once a day.

Vice Chairman Sturniolo: You made reference to a parking space at Henry's Deli.

Kent Thuesen: Correct.

Vice Chairman Sturniolo: That you would take over?

Kent Thuesen: Correct.

Vice Chairman Sturniolo: And how would he mitigate that issue?

Kent Thuesen: I would give him one parking spot back for that one space. It's for one of his residential tenants upstairs, so I told him I would give him, allow that one spot to be parked onto my property, so it accommodates for the one spot. He has some residentials upstairs; I would allow that one spot to be used over a month.

Vice Chairman Sturniolo: So your trucks would go in in the morning, go in through Henrys, through this new gate that you're going to construct, load up their equipment, supplies, back out of Henry's lot and go on their merry way and then your tenants would use the West Street extension for their daily in and out.

Kent Thuesen: Correct.

Vice Chairman Sturniolo: And on weekends, that gate which you don't need, you would lock that up on the weekends.

Kent Thuesen: Yes. I put a drawing there showing the gate so I could close it off on the weekends, so this way it would only be open so I don't have to worry about people hanging out in the parking lot anyway. I don't want that.

Doug Hertz: It sounds fine as described. Without a site plan it's hard to really understand the site lines, the distances without either a good drawing or having gone out there.

Kent Thuesen: Would you want me to make a copy of this?

Vice Chairman Sturniolo: I think what we would need is to re-do his site plan showing this extension and to make notes on the site plan saying that there is an agreement, and we'd have to see a copy of the agreement with the person next door. And also to put notes on the site plan that the trucks would go in and out this way only, the residents would use the back, will that suffice to memorialize?

Nanette Bourne: That it's a permitted use? You're trying to memorialize his operation.

Vice Chairman Sturniolo: Trying to memorialize the operation in an updated site plan that reflects everything that you just said over and above the sketch.

Nanette Bourne: It's not a site plan approval or modification; it's just an acknowledgement of how you're utilizing the property?

Kent Thuesen: Right.

Vice Chairman Sturniolo: So that would mean you would have to get an architect or engineer to draw this whole thing up and put the key components that you verbally said onto little boxes, here, there, the parking spaces goes there, locks on weekends, and show the parking spaces behind your business.

Doug Hertz: And there is room for the fleet storage of your vehicles?

Kent Thuesen: I haven't had any problems at all, even with my tenants; everything has worked out fine. I actually sold 403 Lexington Avenue for that reason, because, people complained to me coming in and out of Lexington Avenue. So I was too big for that space at the time and I realized that and sold it and bought this for that reason.

Vice Chairman Sturniolo: When do you think you can have this formally drawn up?

Kent Thuesen: I don't know Barry Goewey was going to do it for me. He said he'd do it right away for me, so I'll call him.

Vice Chairman Sturniolo: Okay. Take the Austin Cassidy memo again, go through that and make sure that you are addressing everything on the site plan including what you said to us tonight about the access, and the agreement. Then we need to see some kind of documentation of this agreement that your attorney is going to draw up.

Kent Thuesen: I don't want it to affect his site plan or any issues with him.

Vice Chairman Sturniolo: Understood. But just so that we know there is this written agreement between the two of you.

Kent Thuesen: That's great. Okay.

Vice Chairman Sturniolo: And as soon as you can get it together, this way we can make this whole issue end.

Kent Thuesen: I'll get it done. Thank you.

SEQR Review:

Westchester Residence and Club

Kisco Avenue

Application # PB2006-19

Present: Mark P. Miller, Attorney-at-Law, Veneziano & Associates

Patrick Hewes, AICP, Saccardi & Schiff, Inc.

Michael Finan, P.E., Schoor DePalma

Richard S. Rosen, AIA, Perkins Eastman

Mark Miller: Mr. Chairman and members of the board, we are here tonight as the chair indicated on our SEQRA review following the adoption of a scope by the Planning Board. We submitted our initial draft Environmental Impact Statement approximately two months ago, and it has now been under review by your consultants, and what we are here for tonight is to receive the memo from AKRF with regard to the completeness so that we can go back and address any issues that were raised and present a revised Environmental Impact Statement to you which would hopefully then be in a position to be deemed complete.

Nanette Bourne: With that, I'd like to review where we are in the SEQRA process for the board. As Mr. Miller stated they have submitted a preliminary draft Environmental Impact Statement. That impact statement was to follow the scoping document that was adopted by your board. I brought copies for any of you that need a copy; not that we're going to go over this tonight. Well, this is adopted, so this isn't anything we're reviewing.

Stanley Bernstein: I know. I brought in the individual pages I'm concerned with.

Nanette Bourne: The SEQRA process progresses in phases. The phase that you're in right now is to look at the preliminary EIS that was submitted and see if the information that's contained is accurate and according and includes the items that you had told the applicant to include. You don't have to agree with this, you don't have to say anything about the project's benefits or lack of benefits. You just need to make sure that the document is prepared in a way that is in accordance with the scope and adequate so that it can eventually be accepted as complete and reviewed by the public. This was originally scheduled for an August review. Because of certain changes and the length of agendas, you moved this up to the July meeting because we could begin the completeness review. I don't believe you have the expectation that you will complete it tonight; but that you will begin the process tonight and it may take one, maybe two more sessions. What you have before you: there was an initial review of the traffic study that was submitted last week but for some reason didn't get included in your packet. That was prepared by Anthony Russo. There was an engineering memo that was E-mailed to all of you by Anthony a couple of days ago, and we can go through those items one by one if you wish, but they are fairly dry, black and white items of things they included that need to be corrected, things that were excluded that need to be included. For other areas of the EIS; additional review memos will be prepared for your August meeting. So I don't know how much time you want to spend on this tonight.