PB Minutes 9-11-07

Minutes

Meeting of the Planning Board

Regular/Work Session

Village/Town of Mount Kisco

Tuesday, September 11, 2007

Meeting called to order at 7:55 PM, Tuesday September 11, 2007, at the Municipal Building Mount Kisco, New York.

Members Present: Chairman Joseph Cosentino

Vice Chairman Anthony Sturniolo

Stanley Bernstein

Doug Hertz

Members Absent: Sol Gibbons

Joseph Morreale

Ralph Vigliotti

Staff Present: Nanette Bourne

Anthony Oliveri

Whitney Singleton

Formal Application:

Pure Indulgence

305 (293) Lexington Avenue

PB2007-13

Present: Ray Terrell & Joan Terrell, Owners

Robert F. Davis, Esq., Shamberg, Marwell Davis & Hollis

John Martabano, the Landlord and property owner

Robert Davis: We are before the board tonight pursuant to Condition #8 in the Board's February 2006 Resolution of Approval, and we're here primarily for a modification of the site plan, and another Change of Use Permit, this one based on a Change of Tenancy for Store #7, from N4Fitness to Pure Indulgence because, as you know, the number of available parking spaces on the site, which is 58, are now actually 55 usable spaces with the relocation of the dumpster at the Board's request at the last proceeding. That is exceeded by the total parking requirement for the site which was 67 spaces, when N4Fitness was in occupancy that required ten spaces, and with this perspective tenant that required number of spaces would increase by another nine or ten. However, as the board determined at its 2006 resolution, a review of the actual parking demand on the site demonstrates that the existing use does not fully utilize the parking spaces on the site, particularly in the afternoon hours and weekends. The nature of this proposed use, which I'll take you through, is that each usage occurs at different times and the peak usage of some of the other uses on the site, particularly the bank. So the board's exercise of its discretion, as it has done in the past, to permit joint utilization of spaces in accordance with Section 110-28C2 of the Code would still be appropriate. That section, as you know, provides a two-part standard in essence for the board's discretion with respect to joint utilization. It states that in a case where two or more establishments on the same lot have substantially different operating times, the Planning Board may approve the joint use of parking spaces provided that the board find that the number of spaces to be provided substantially meets the intent of the requirements of this section by reason of variation in the probable times of maximum use by patrons or employees among the establishments. As you'll see the proposed use does have substantially different operating times for most of the other uses on the site, and most importantly will significantly vary in its probable time of maximum use for most of the other establishments. The other tenants are the same as they were during the last proceeding and their required parking spaces and posted operating times are as follows: (and you had this in your last resolution) Pilates which is ten required spaces, and that primarily operates Monday through Thursdays from 9:30 to 8:00 pm, and generally only on mornings for Friday, Saturday and Sunday then significantly, you have the Mahopac National Bank as you know, stores two to four that has 22 required spaces that operates Monday through Friday 8 am to 4 pm, Thursdays until 6, and again importantly, for this use doesn't operate at all on Saturday and Sunday, you have the nail salon which is pretty much open all the time from 9:30 to 6:30 or 7:00. The nail place has nine allotted spaces; the pizza place has eleven spaces. It has no posted hours, but principally it's open as you know during lunch and dinner hours throughout the week, and then you have an accessory storage in the basement for which there are five allotted spaces, and operating times matter or are not applicable. So the existing tenants taking away N4Fitness have 57 required spaces, as you know. But despite the required number of spaces on the site, by simple observation, the 55 or so usable spaces never come close really to being fully occupied as the board well knows. I pass by there everyday too and see this. This was borne out again by recent parking counts that we did on weekdays in August. Basically what we showed at 11 am; there are generally 17 to 21 vehicles on the site; 12:30 pm there is generally 17 to 25, and 4:30 pm it really goes down; it's only 9 to 15. So basically midday on average, only about 1/3^rd of the spaces are used; late day, maybe about 20%. Midday there is about over 30 spaces generally available, late day 40 to 50 spaces available, and there is even greater parking availability on weekends when the bank which has three stores and 22 spaces allotted is closed. Now, Pure Indulgence, that's the proposed tenant, I think will dovetail pretty nicely with the other uses in the shopping center and the use of the parking area. This is a business with a track record. It has an existing site in Thornwood at the Rosehill Shopping Center, and until recently had a space at the Somers Commons at Baldwin Place, but this store is essentially replacing it. So this should be a long-term, stable tenant, hopefully we won't be bothering you again for awhile. The main aspect of the business of Pure Indulgence is a retail food use under the parking schedule of your code. The primary use is retail, which consists of the sale of chocolates, desserts, coffees and other confection-type items. Its specialty is gift baskets, so there is a great deal of corporate work and shipping, particularly around the holidays; Christmas, Easter, and Valentine's Day; there are a lot of holiday sales. There is an ancillary use of an old fashioned soda fountain where one can come and have basically an ice cream treat in the old fashioned way that these things were made, that we can all remember but they are not around too much anymore. In connection with the soda fountain use, and I know you'll be interested in this, I'll give you some detail on it, there are children's parties where the children come and make and eat chocolate type items. Now, it's important to note those parties rarely exceed one per week. They take place only on weekends or school holidays when the bank is not open, generally on a Saturday or Sunday afternoon for about two hours, approximately 1:30 to 3:30. They are a relatively minor part of the business in terms of sales volume. It's also important to note that this is not a breakfast, lunch or dinner place. There are only candy and dessert type items. There is no entertainment. The expected operating hours would be Monday through Saturday from 10 to 8 and Sunday from 12 to 5. The primary usage, as you might expect, at least from the soda fountain use, takes place late afternoons and on weekends. There are only two regular employees on the site. They will include, Ms. Terrell, one of the principals, and if there is a weekend party there would typically be two or three teenagers or part-time people assisting just for the party. The maximum customer usage would generally be during a children's party, which as I said, generally would not exceed one per week. The owners don't want to do more than that, and that would be on a Sunday or Saturday afternoon, would involve a maximum 15 to 20 children usually in the seven to ten year-old age bracket. In terms of parking there is little usage of the site during these weekends, mid-afternoon hours when such parties would take place. Generally with these types of things where there are children there is generally a fair amount of carpooling; more than one child per vehicle, which the owner certainly will encourage. With respect to the space for on-site food consumption as you can clearly see on the plans. There are eight stools at the soda fountain, and there are six tables depicted on the plans which could seat a maximum four people each, so there is a maximum of 32 people that could eat desserts or ice cream at the establishment. The tables are pushed together for a children's party. With respect to parking calculation as a retail food use under your parking schedule, the parking requirement is a bit more than for the fitness business, and it's calculated on the basis of one space for 150 square feet of gross floor area for this space, which is 1,716 feet; except that, with respect to the food consumption area, it is 100 square feet, one space per one hundred square feet or one per three person seating capacity, whichever is greater. If you look at the plans it's irrelevant as it turns out, the measure, literally the area including the stools and eating portion of the counter and the tables is about 336 square feet but there are 32 seats, so that gives rise to a requirement of 10 to 11 spaces; one for every three, which would be the same as the fitness business, but the retail square footage, which constitutes the remaining 1,300 square feet would change under your code even though that figure includes two bathrooms and storage and light mechanicals would require an additional nine spaces for a total of 19 to 20 parking spaces. But clearly those 19 to 20 spaces are unlikely ever to be used except perhaps during one of the weekly parties on a Saturday and Sunday when no one else is using the parking area, and again, the primary use of this store on weekdays would be late afternoon after school, also when the bank on weekends is closed with its 22 spaces. With respect to the continued joint usage of parking spaces, there is a substantial difference in operating times among the uses, particularly between the bank and the proposed use. In that respect, there is only 50 percent overlap of operating hours with the bank during the week, zero percent of overlap on weekends when the bank was closed, and virtually zero overlap during expected peak hours of late afternoon on evenings and weekends. Also, I think it's interesting to note that the dessert component, which is the only aspect of this use, is complementary to the adjoining pizza use, so it's likely certainly that many people who use the pizza restaurant; particularly in the evening or at lunch time, would also use the soda fountain, and as a result, you'd be using the very same parking space and presumably some of the other people from pilates or whatever would be using the same spaces and Pure Indulgence from time to time as well. The store also intends to be complementary to the pizza use in using some of the pizza from time to time for its children's parties. In essence, all of that being said, we would submit that this is a really good addition to this center, to the community; our clients have a known reputation in this business. They are very community oriented in giving to the community, and we think it will be a credit to the community. Thank you for listening to us, and we'll answer any questions that you might have.

Chairman Cosentino: How many children are going to be at these parties that you are holding?

Joan Terrell: Up to fifteen.

Chairman Cosentino: When you have a party and it's a weekend, do you close this down just for the children?

Joan Terrell: No, it's not necessary.

Chairman Cosentino: So you don't have a separate room?

Joan Terrell: No. The tables that will be in the front of the store will be grouped, and that's where the parties will be held.

Robert Davis: Generally they would run from 1:30 to 3:30. There would be one two hour party per week maximum in general and it would be on a Saturday or Sunday or rarely on a school holiday.

Chairman Cosentino: Being that you've had two places is it teenagers, grownups mainly?

Joan Terrell: The clientele is usually adults.

Robert Davis: Not for parties, though.

Chairman Cosentino: Normally it's adults and not teenagers hanging out?

Joan Terrell: No, we discourage hanging out.

Chairman Cosentino: I don't know if it was an error, but on your application it says combined retail and restaurant of Store 7 will not exceed the number of tables and chairs currently existing at the pizza place.

Robert Davis: I saw that, and as you can see I didn't write that, but in our place at Pure Indulgence there are 32 seats.

Chairman Cosentino: But there is not at the pizza place?

Robert Davis: I don't know.

Chairman Cosentino: I think there are 19.

John Martabano: I think there are 19.

Chairman Cosentino: I don't know whether it was an error.

Robert Davis: I noticed that, and I questioned it myself. I don't know how that was calculated, but certainly our plan depicts the number of seats.

John Martabano: The 19 seats are in the pizza place; it's because of the one bathroom. They couldn't go for anything more. It depends on the facility, too. If you go past 19 seats you have to provide two bathrooms.

Chairman Cosentino: So where it says combined retail restaurant will not exceed, not exceed should not be there, then.

Robert Davis: I think that statement is irrelevant.

Chairman Cosentino: It's a statement. I just want to make sure what you mean.

Robert Davis: In my mind it's inaccurate and it's not right.

Chairman Cosentino: We've learned to dot our I's and cross our T's.

Robert Davis: Absolutely.

Chairman Cosentino: There is definitely parking on the site; there is not a problem with the parking.

Robert Davis: We thought in particular this use would work well there because the parking that it uses will be, even though there is capacity on site for this use at any time, in fact this use will primarily use parking when the bank in particular is closed, which as you know, has 22 spaces. Normally you're not going to go in for an ice cream soda at least before after lunch, and usually it's going to late afternoon or on the weekend type of thing. We thought it would be perfect for this site, and it wouldn't have any real impact on the parking.

Doug Hertz: You mentioned that a lot of the business is shipping out gift baskets. Where do they come out of? Are they going to be shipped from this location?

Ray Turrell: They will be shipped from both locations.

Doug Hertz: Can you talk about the freight component?

Ray Turrell: UPS.

Doug Hertz: What kind of deliveries?

Ray Turrell: We do a lot of corporate work. The majority of the baskets that go out that we make is from the Thornwood store. That store has been there for ten years. At the holidays, let's say Christmas, maybe 200 baskets. But then we just did the Academy Awards, and I just shipped out 335 baskets. The majority of the baskets get shipped out of Thornwood.

Doug Hertz: Is there an advantage to you to have everything shipped from one location, or do you want to be shipping from both?

Ray Turrell: If she has baskets to ship out on corporate work, or even a customer that comes in and wants it shipped, she will either have FedEx pick it up that day, which is what usually happens, or UPS.

Robert Davis: Do they make multiple ones in the same day; do they make one pick up?

Ray Turrell: They send a truck and pick it all up. When I did the Academy Awards, they sent me two trucks. Twenty five minutes later, everything is gone.

Doug Hertz: And what about deliveries?

Joan Terrell: We do deliveries.

Doug Hertz: No, no, deliveries to your shop of raw goods.

Ray Turrell: Primarily all the deliveries that come in are either by UPS, Diamond Dairy for our milk products.

Robert Davis: It's important to know that they don't do any manufacturing at their site. They are not chocolate makers.

Ray Turrell: Our chocolates primarily come from the best chocolatiers in the country and overseas. Basically when it comes to the chocolate it is more like an international shop. We have our own chocolate label. That comes from Texas. We have chocolates coming from Austria, Germany; we have three lines coming in from Italy, two lines coming in from Ireland.

Doug Hertz: I am trying to get a handle on other traffic than just parking. How many deliveries to the site, what types, what types of trucks are going to be there?

Robert Davis: Could you give a sense of a daily basis?

Doug Hertz: I'm looking for volume and an understanding of what we're going to see coming in and out.

Ray Turrell: The ice cream is Schraft ice cream, they call us once a week, and whatever we need we get.

Chairman Cosentino: There are provisions to be made in the rear of the store, so they'll never be unloading in the front of the store.

Doug Hertz: I'm trying to get a sense of volume, of truck traffic.

Ray Turrell: You can't tell. This is a new store. To us it's like starting fresh.

Doug Hertz: Because you have a track record, we're trying to get a sense from the other stores and your experience to guide us.

Joan Terrell: With the exception of the Christmas holidays, we would have maybe during the week three to four deliveries.

Ray Turrell: That's like local deliveries. If the PBA calls us and they need a bereavement basket, we'll do that.

Doug Hertz: What is the size of this facility in relation to the other two that you had?

Ray Turrell: I would say middle size.

Joan Terrell: Not quite as big as Somers, but bigger than Thornwood.

Ray Turrell: Thornwood is 1,200 square feet, Somers was 2,700.

Discussion about pecan pie, egg creams, egg creams with Jack Daniels, chocolate syrup, Yankees, Mets, Dodgers, Mississippi Mud Pie, U-bet Syrup and it's cocoa content, the making of an egg crème, Brooklyn, seltzer, etc.

Ray Turrell: Before I went into the service I worked for Jahn's. Everything stuck. What I see today, everything fast food, my wife and I said let's stop, let's let them have a little time. When people come into the store, let them have an old-fashioned egg cream. Let them have a real cherry coke, a real Lime Rickey. None of this stuff is pre-made. How many kids know how a real coke tastes? It's either pre-mixed, Mickey Dees, bottles or cans. A kid does not know. Adults come in just for the nostalgia.

Vice Chairman Sturniolo: Could we go back to parking? If the party is predicated on Saturdays and Sundays, 15 children max, based on the fact that one, the bank is not open on Saturday and Sunday and there are automatically 22 spaces that would be available from the bank, if the bank were to leave and you were capitalizing on those 22 bank spaces in your operation, somebody new comes in, then someone would be handcuffed for parking based on your track record and your history of using those spaces on weekends. Then we would address that handcuffing issue along with the new tenant's application.

Robert Davis: You would retain your jurisdiction for that just as you have for this application.

Vice Chairman Sturniolo: Is there going to be catered food coming from an outside vendor into your operation for parties?

Robert Davis: No. Pizza.

Ray Turrell: We give them a lunch. Everything is included in the price of the party, and next door is a pizzeria which is ideal for us.

Vice Chairman Sturniolo: So the lunch would be something brought from the pizza shop.

Joan Terrell: Yes. Hot dogs, pizza and soda.

Vice Chairman Sturniolo: You would never choose another supplier?

Ray Turrell: This is how we run our parties.

Chairman Cosentino: If they bought pizza, they wouldn't bring it into your place and start eating pizza?

Ray Turrell: No, we wouldn't allow that. It's part of the party.

Chairman Cosentino: No, I came in on a Monday afternoon, went next door to buy pizza but I want to have a Coke with it, so I brought the pizza next door.

Ray Turrell: No, he's got a Coke machine in there. We're a specialty store. We're a little different.

Vice Chairman Sturniolo: You stated that the party operation would be separate and on-going from the retail operation, or do you intend to close the entire facility when there is a party?

Robert Davis: As a rule they only do the party on Saturday or Sunday afternoon. The people are combined there. You may have a few retail customers during that time, but most of the time, as they pointed out, a lot of the work is on the telephone and you are not likely to have a big scream of retail customers at the store in a two hour block on a Sunday in particular or a Saturday 1:30 to 3:30. So, yes, you could possibly have retail customers at that time. That's how they've done it in the past. You know better than I, you're in town all the time, you go by there on a Saturday, there is really no one there.

Ray Turrell: Please don't say that.

John Martabano: Only because of the bank mostly.

Chairman Cosentino: Actually, to be honest there is nobody ever parked in the back.

Robert Davis: We've been monitoring that lately.

Stanley Bernstein: I was concerned with the pick-ups and deliveries, but you told me it's always in the back.

Ray Turrell: Absolutely.

Stanley Bernstein: I had visions of UPS trucks taking up two spaces, loading for an hour.

Ray Turrell: They're not even there for that long.

Stanley Bernstein: If they're in and out pretty quickly.

Ray Turrell: Very quickly.

Stanley Bernstein: And even if you have two or more trucks, they are in and out in the back. And there is a possibility that a delivery will take place when a shipment goes out, but it's not likely, and you could probably handle two trucks in the back easily.

Vice Chairman Sturniolo: What is the price of an egg cream?

Ray Turrell: $2.50 for a 24-ounce egg cream and a 32 ounce is $3.00.

Chairman Cosentino: And this is mainly adults?

Ray Turrell: I'm going to be very frank. Usually grandma and grandpa come in with their grandchildren and they tell the story that a place like this is where we met, we split a soda…

Chairman Cosentino: You understand we are trying to prevent a teenage hangout. It's not good for the landlord and it's not good for the other business. Then it becomes a code enforcement thing.

Stanley Bernstein: One other comment it won't be a teenage hangout and chances are you're not going to get teenagers, but there is always a possibility of putting in some kind of video game. Are we making a resolution? If we make a resolution I would like to see that there are no video games or music in there.

Ray Turrell: As a matter of fact there is going to be a jukebox.

Stanley Bernstein: An old fashioned jukebox but no video games. I want that in the resolution.

Ray Turrell: The only video that you'll see are the old movies that we play from the 30's, 40's and 50's.

Chairman Cosentino: There are residents down there too, how loud is this going to be?

Joan Terrell: Not loud. You hear it when you're in the store.

Nanette Bourne: In your EAF you mention that it's an 1850 square foot space, and the N4Fitness was 1716. I remember at the time with N4Fitness there was a lot of confusion as to how big that space was; if you could clarify that, please.

John Martabano: Outside wall to outside wall is 1850 square feet. Inside wall to inside wall is different because they added a bathroom. We went around on that.

Whitney Singleton: They added a 150 square foot office.

John Martabano: And it's still there.

Nanette Bourne: If you could just clarify because I would like it to be clear in the resolution.

John Martabano: I'll send somebody there to measure and take care of that. I know the site plan is on file.

Robert Davis: Is that the dimension that you want?

Nanette Bourne: I'd just like it be consistent.

Doug Hertz: There was an issue with N4Fitness. When we looked at the square footage and you added up all the various uses across, it didn't add up.

Stanley Bernstein: There was a discrepancy of 150 feet.

Robert Davis: I believe at the time that 150 foot office was because we thought there was going to be a rental concept to the underground facility. That was provided on the original plan.

Stanley Bernstein: That was the difference in the square footage.

Nanette Bourne: My other comment, is that conceptually, I don't think we could have enough chocolate coffee places, but I think for the purposes of record this should not be compared with N4Fitness in terms of traffic generation, peak hour operations; I don't think it's necessarily inconsistent, but I don't think it is in any way a comparable use. I think that if the board wants a resolution drafted, it has to be drafted justified on different grounds.

Robert Davis: We suggested that. We don't purport to compare it to N4Fitness. In fact, it's expressly stated that it would require more parking.

Chairman Cosentino: Doing it that way helps for the future.

Nanette Bourne: And it's not comparable to the food store. They are going to have different hours of operation, different peaks, and regardless of what is said there is no way to know if this is going to be a popular place for teenagers or grandparents and their kids. Zoning doesn't cover that, a policy can't cover that… it's not necessarily a bad thing.

Robert Davis: I think what you'll see unlike a Starbucks in Yorktown where that happened; here unlike there you have one of the principals on the site. That's not the type of business they want to run, so that's going to have a little more control over the activities of those individuals than if you have one of these franchise operations.

Doug Hertz: But we can't require that the principal be off site, and should their business be successful and they want to open a third and a fourth, they can't divide themselves out more than that. We need to make a rational decision, whether or not you're on site.

Ray Turrell: Our business is primarily a holiday driven business. We go from Thanksgiving to Christmas, Valentine's Day, Easter, and Passover; that's when we cook. That's when the majority of the business comes in. A lot of people come in, a lot of people order over the phone, but they are only there to get what they want and then go. They don't sit down and have a soda at that point, and that's basically the holiday. Sometime you have four full weekends at Christmas time. Heading into Leap Year, next year, you're going to have three full weekends, and if there is bad weather or anything that's shot down.

Robert Davis: It is also not late night, so you're not going to get that type.

Chairman Cosentino: On your Thornwood store, you don't have a congregation of teenagers in the front?

Joan Terrell: No. Whenever we saw it beginning, we discouraged it.

Ray Turrell: We don't even have anything a kid would come in for. We are a gourmet chocolate shop.

Joan Terrell: And our prices are too high for the teenage pocket.

Vice Chairman Sturniolo: Would you be kind enough to send us a sample menu of what you could order in the store as well as the phone, internet?

Joan Terrell: We're not on the internet yet.

Ray Turrell: It's basically walk-ins; people that we've cultivated over the years. Repeat customers.

Nanette Bourne: Your practice for this has been to have a Resolution Approval for Modification to an Improved Site Plan that reflects the business practice that the applicant is presenting to you; having that reflected in the resolution for you to… on. And if the applicant could provide some correspondence that clarifies the points and really puts your business plan, and clarify the square footage.

Whitney Singleton: I would like to let you know what I would like to see in the resolution. I presume as part of this application since your going to be double counting spaces that there will not be outdoor dining associated with this?

Robert Davis: No.

Whitney Singleton: There is not going to be any food preparation other than the ice cream itself.

Ray Turrell: We don't flip burgers.

Robert Davis: Because I don't want there to be any clarification, sometimes for Easter they make a chocolate mold or something.

Whitney Singleton: That you roughly have pickups and deliveries once a week.

Ray Turrell: On an average, yes.

Whitney Singleton: That the parties will be limited to weekends, once a week with parties not to exceed approximately 15 children.

Robert Davis: And school holidays.

Whitney Singleton: And that there will be no utilization of the basement for anything other than storage. You won't have any fleet vehicles?

Joan Terrell: No.

Whitney Singleton: Lastly, the only thing as I can say as Mr. Davis pointed out with regard to Paragraph D, the property owner takes a little bit of a chance. If this site does generate traffic and another tenant goes out, and there is a lot of parking, it is up to your board to decide.

Chairman Cosentino: That's right; it has to come back before us. That's his gamble, not ours.

John Martabano: So we have to get rid of the station wagon with the big black cow on the top?

Chairman Cosentino: Yes.

Vice Chairman Sturniolo: To my knowledge, because I was not on the Planning Board when Resolution 305 was approved, what is the significance of 293 and 305?

John Martabano: There were three lots there that were involved. We took one of the lots that were 305 and we formed an LLC called 305. But then the town came in and we consolidated the lots to make it one site plan, and the town and the police gave it 293. I refer to it as 305 because that's the name of the corporation that controls it, but the real address is 293.

Vice Chairman Sturniolo: So for the future we can address it as 293?

John Martabano: Yes. There is no other address.

Chairman Cosentino: This sounds like a Mom and Pop store.

Joan Terrell: It is.

Ray Turrell: It's not a franchise. It's more of a specialty, nostalgic store. Walk back into time. I'm trying to bring back something everybody had; the local candy store. But give it an upscale look with better candy, but to also have the nostalgia there of the old egg cream, the banana split, Lime Rickeys, malted, milk shakes, the soda fountain itself, coke, cherry cokes. This is something that at one point or another that the fathers, the sons, the grandparents, have always talked to their kids about. Now they have the opportunity to experience it again.

Chairman Cosentino: Nannette, do you want to entertain a draft resolution for here? The next regular meeting is October 9. Thank you for coming.

Continuing Review:

Old Iron Warehouse

Cary Place

PB2005-20

Present: Alan L. Pilch, Evans Associates

Alan Pilch: The last time we met we received a memorandum courtesy of Mr. Oliveri. It was a memorandum originated by Mr. Stein, the previous Village Engineer. We were requested to address the items in design and technical issues that were requested to be addressed by us prior to our hearing before this Board. We addressed these items forwarding in that letter dated July 31^st. It was addressed to you, Mr. Chairman, but as a courtesy we sent a copy to the Planning Board and Mr. Oliveri to have him review the plans because it was our understanding that we would appear before this board until Mr. Oliveri was satisfied that we had addressed most of these issues. But, here we are before you. It is my understanding; and tell me if I'm incorrect in this, Nannette, that we are looking for a referral to the Town Board because there are certain facilities that are being proposed on the Village Board, because there are certain facilities that are being proposed within Village lands, namely the storm drainage system and the Vortex system at the end of Cary Place that would actually capture and treat run-off from Cary Place; from the street that presently is discharged without any treatment whatsoever, but will go through a Vortex unit, but because those facilities would be within the right of way to Cary Place or on Village lands, that it is necessary to have a referral from the Planning Board to the Town Board. Do I have that right, I hope?

Nanette Bourne: Right. I think there are off-site improvements, and that was one area that was quite clear. There was consensus on the part of the Town and Village Engineer and your client that that was a good solution to the drainage issue. There were other off-site improvements, but I'm not sure what the status of those improvements is to the road.

Alan Pilch: There was certain paving that was being proposed and some curbing and a couple of drain outlets, things like that.

Nanette Bourne: And those also would require approval by the Village Board. I think what you're asking is for this to be formally referred to the Village Board. You'd have to provide a letter that clarifies what your proposed improvements are and what you're requesting from the board so that that can come back to the Planning Board for them to act.

Alan Pilch: If you want I can just briefly go through the changes to the plans just so you know what was actually changed in it from what we previously submitted?

Chairman Cosentino: Did you also see the letter of September 4?

Alan Pilch: I have not. Is this from Mr. Oliveri?

Anthony Oliveri: We discussed these items, Mr. Chairman.

Alan Pilch: I've not seen it.

Anthony Oliveri: Mainly what we wanted to do was make sure all of the old issues that were brought up along with the changes in the plan have all been addressed. We then issued this memo with some additional comments, which I have been discussing with Mr. Pilch.

Alan Pilch: These are kind of little housekeeping items.

Chairman Cosentino: But we need to have them addressed. (To Mr. Oliveri) you'll address them?

Anthony Oliveri: Yes. I would imagine you'll make a new submission to address these items, update the storm water pollution prevention plan; some of this you might have done already.

Alan Pilch: That is correct.

Chairman Cosentino: We can continue now to July 31.

Alan Pilch: Yes, I just sort of briefly want to go over the changes of what actually was modified on the plan.

Vice Chairman Sturniolo: Before you go there, Nannette, can you go back to your point? What is the mechanism for the applicant to get to the Village Board to request? How does that start and who does it?

Nanette Bourne: That's a good question. I'm trying to think back to the most recent referral.

Vice Chairman Sturniolo: The match-up.