PB Minutes 8-26-08

Minutes

Work Session of the Planning Board

Village/Town of Mount Kisco

Tuesday August 26, 2008

Meeting called to order at 8:00 P.M. Tuesday, August 26, 2008 at the Municipal Building Mount Kisco, New York.

Members Present: Chairman Joseph Cosentino

Vice Chairman Anthony Sturniolo

Doug Hertz

Joseph Morreale

Ralph Vigliotti

Members Absent: Stanley Bernstein

Sol Gibbons

Staff Present: Nanette Bourne

Anthony Oliveri

Whitney Singleton

Approval of Minutes:

May 27, 2008:

Motion: Ralph Vigliotti

Second: Doug Hertz

All Ayes

July 29, 2008

Motion: Joseph Morreale

Second: Vice Chairman Sturniolo

All Ayes

Code / Site Compliance:

Eduardo's

77-91 South Moger Avenue

PB2008-13

Whitney Singleton: At the last Planning Board staff meeting, I was directed to prepare a resolution for a site plan modification for Eduardo's. They had previously been granted approval for the exact same thing, but the applicant failed to undertake satisfying the required conditions within the time it was set in that resolution, and therefore it is back before your Board for essentially an extension of the terms that were contained within the original resolution. Therefore, there is a new "whereas" provision. There are modifications to Paragraph 16 regarding the time provisions within which compliance must be achieved. There is a provision previously set forth in Condition #21 requiring full compliance with all the conditions here and is a prerequisite for any future renewals. A prior condition of approval in your earlier resolution was that a license agreement be achieved by the applicant for certain site improvements to Village owned property. That has been satisfied by the applicant and a draft has been put in your package.

Doug Hertz: I would like to make a statement before I vote, which is that we previously approved virtually this identical resolution. We are giving the applicant basically an extension that I feel is being extraordinarily generous, and quite frankly if these conditions aren't met, I do not plan to vote positively again.

Joseph Morreale: I also want to reiterate. There are a series of conditions to this resolution, and I will just point out that we expect every one of these to be met in terms of the actual license agreement and in terms of meeting this resolution. Otherwise, we do have this last statement that failure to comply with the terms and conditions of the resolution in a timely fashion shall render any approvals granted hereunder null and void. We want to make that real clear, because we've had this on our plate for a long time. Thank you.

Motion to Approve Amended Resolution for Site Plan Modification

Eduardo's

77-91 South Moger Avenue

PB2008-13

Motion: Ralph Vigliotti

Second: Joseph Morreale

Aye: Doug Hertz

Aye: Vice Chairman Sturniolo

Aye: Ralph Vigliotti

Aye: Joseph Morreale

Aye: Chairman Cosentino

Chairman Cosentino: Thank you.

James Gimellen, Mount Kisco Conservation Counsel: The chairman let me come here just to ask your indulgence for setting up a meeting. Going back to November of last year, and I apologize for us taking so long, there was a work session and a representative from the CAC spoke about green buildings and the LEED projects and so forth. We have not done that much over the past year, but we are ready to move forward now. We'd like to set up a meeting with you. We have a local architect who specializes in Green buildings and LEED who could educate not only us, but you, I believe. If we could set up a meeting with you, perhaps before one of your regularly scheduled Planning Board meetings, or at a later date, I would appreciate it. It would probably take about a half an hour with the architect, going over the high points of the LEED program and Green buildings.

Chairman Cosentino: I will have Nancy get in touch with you and we will have a joint meeting.

James Gimellen: Just to let you know, we have not rested on this. We are in the process of submitting to the Village Board some recommendations about the Westchester Action Plan on Global Warming, etc., with a Green building attendance. This is really a hot issue now, and we want to follow-up on it.

Doug Hertz: We talked a year ago about doing something where we would recommend to the Village Board possibly some initiatives that they could undertake with regards to conservation, energy and things that they could implement policy wise.

James Gimellen: We have been going to the Village Board with our recommendations exactly on that point.

Doug Hertz: It had been requested of us that we send some members to be part of that, and it never happened. A meeting was set up and then it was cancelled.

James Gimellen: I would like to go to you folks first and tell you what we're going to be presenting to them, and then we could work it out and get your recommendations, have our recommendations and come up with a plan. Rather than waste a lot of time on it, I thought it would be better to proceed this way, to give you our input and we could huddle on it and then go to the Board.

Doug Hertz: Understood.

Code / Site Compliance:

Special Use Permit Review

333 North Bedford Road

Recused: Doug Hertz

Chairman Cosentino: Let me first say what corresponded here. Sy Aryeh came in here from Grand Prix to ask for a Special Use Permit which he is allowed to ask for, as it is in his resolution, but it was an outside event. Under the code, membership clubs are not allowed outside events. He was to fill out an application, which he did. He brought the application back, the Building Inspector and I reviewed the application, and through the Code, I denied the application as well as the Building Inspector. It was sent back to Sy. On numerous times he did come to Village Hall, he did speak to the Village Manager, and the Village manager explained to him why you cannot have an outside event. He had the outside event, and that is a violation of his resolution. I want to pass these pictures to my fellow Planning Board members of the outside event. Also, his resolution states GPNY will spend $5,000 per year to support the Don't Drink and Drive Campaign in Mount Kisco. It's been two years. We have received no documentation, and we have received no money. It also states that GPNY will host six free Car Control and Safe Driving clinics per year, including Defensive Driving for Mount Kisco residents. We negotiated that in this resolution. To this date, I have no documentation that this was done. Grand Prix has a restaurant, which he advertises as a restaurant and as a catering hall. We as a Planning Board want to talk about why this happened, why he defied the application. This is not the first time it happened. The reason why I'm talking to you about it now is because some of my fellow Planning Board members did not know about it. I want to know what my fellow Planning Board members would like to do. Mr. Singleton, what are our options?

Whitney Singleton: Consistent with our earlier conversations, there appears to be violations to the Resolutions and Conditions of the Resolution of Approval and conditions of the Special Use Permit regulations. As you mentioned, this is the second of such violation, and there is a procedure that has been set forth in the code as well as in the resolution for the potential for revocation of the special use permit for failure to comply with conditions of the resolution or within 110-46 of the code regarding special use permits. In addition to going through that procedural enforcement mechanism, currently an appearance ticket has been issued. Traditionally if that is a problem with this Board, we can seek a restraining order in Supreme Court. That would prevent them from having any further activities. The option would be to seek out equitable relief from the court and in the event that there were future transgressions or violations by Grand Prix, there would be the possibility of contempt.

Chairman Cosentino: Personally, I would like to see this finalized as quickly as possible. As we know, the special use permit does not go to Grand Prix, it goes to Diamond Properties. Mr. Jim Diamond holds the Special Use Permit. Mr. Diamond has done a lot for the Village, but the law is the law, and that's what we have to follow. As a Board, are we allowed to enter into an executive session?

Whitney Singleton: To discuss pending legal matters. This is not pending. You can confer with counsel, but not in executive session.

Chairman Cosentino: I'd like to confer with you in open session, then.

Whitney Singleton: That's fine.

Chairman Cosentino: If we call for a revocation on the Special Use Permit, I think that tells him something, and I think it brings us to the negotiating table on the revocation on the permit. I think we should start that procedure. I want to enter into that because there is a cure period and that gives time for both parties. Will you explain that, Mr. Singleton?

Whitney Singleton: There is 15 days advance notice for the public hearing and personal service upon the permitee. He can re-examine the Special Use Permit and whether or not there has been compliance with the terms and conditions of approval. In the event that the terms were determents and there has not been compliance, it is within your board to terminate the Special Use Permit. This would be terminated after your 15 day notice after having the hearing. There is a period for the applicant to show that they are undertaking compliance with those items in the resolution that have not previously been complied with. It may also offer an opportunity for your board to examine components of the resolution that may need to be addressed.

Chairman Cosentino: So that gives this Board a chance. I, as one would like to start that process. How do the rest of my fellow Board members feel?

Joseph Morreale: I would agree. I think that given the fact that this is been violated twice, one could anticipate a third violation with one continuing, by the way, I guess with the restaurant. I think we need to do something to get the process started. I wanted to ask Whitney when you were describing the 15-day advance notice period, is that the procedure?

Whitney Singleton: The procedure is to have a public hearing, publicly noticed 15 days in advance of the hearing and also to have personal service of that upon the permitee and property owner, which in this case is one in the same. Then, after having done that, conducting a hearing, and if it's a determination by the Planning Board that there are conditions that have not or no longer are being complied with, then the Planning Board has the discretion to terminate the Special Use Permit.

Joseph Morreale: Is the hearing only with the Planning Board?

Whitney Singleton: Just the Planning Board. It's essentially re-visited.

Ralph Vigliotti: I am in total agreement. I am extremely surprised that Mr. Diamond and/or Sy Aryeh would come to the Village, ask for a Special Event Permit, be denied and then move forward and totally disregard the denial and break the rules; break our code. There are rules and regulations. If you're denied, you're denied. This does set me back and leave a bad feeling with me, so yes, I would like to move forward.

Vice Chairman Sturniolo: I would support the idea of getting together and discussing this as well, and I would hope that this can be done in a constructive manner for the attorneys outside and here without a lot of legal muscle arm flexing and threats and court dates, etc. Like so many situations that we deal with on an ongoing basis here in Mount Kisco, a lot of Planning Board issues get accomplished and achieved in a productive, constructive and positive manner. There are staff meetings to go over certain issues with various applicants, case in point, understand what went wrong, why it went wrong and most importantly to ensure measures in the future that it doesn't happen again. That's crucial in this case. Here we have a situation where an event was denied, and the producer of the event, the owner of Grand Prix, went ahead and had total disregard for that which is disregarding the law. That can't be tolerated. I would still like to go ahead and address it with them, talk to them about it, and find out how we can collectively move forward to ensure the fact that this will not happen again.

Chairman Cosentino: But we're not going to just talk to them. We are going through the process of evoking their Special Use Permit. Do you agree to that?

Vice Chairman Sturniolo: Absolutely.

Conceptual Application:

Oakwood Cemetery

304 Lexington Avenue

PB2008-20

Present: Howard Kensing, President, Oakwood Cemetery

Art Goewey, Architect

Howard Kensing: We have done some preliminary work on this in addition to the site plan drawing. We have contacted a provider of the cremation device who has given us a good deal of background on it, particularly in the area of emissions. We are entering into a tentative contract with Matthews International to lock in a fee for this unit. At the same time we are accessing their knowledge and background in the environmental. They provide 90 or 95% of these units across the United States. They also, upon accepting their proposal and determining what additional conditions must be met, conditions imposed by you as well as the DEC. They will make application to the DEC which takes 30 to 60 days, I am told. Oakwood Cemetery feels we have a need for this additional service to our plot holders. We were encouraged to implement this plan by the Superintendent of Cemeteries. Incidentally, we come under the New York State Secretary of State Division of Cemeteries. The need is recognized, cremation is becoming more and more of a mode of burial. Our own experience indicates about 33% of our cases each year is cremation interments. Oakwood does about 80 interments a year and about 1/3rd of them are cremations. We experienced the fact that a lot of plot holders will move to Florida, pass away, and their descendants will see fit to bring them back home, and cremation is an easier mode to do it. Also, the economy is such that the total cost of cremation vs. ground burial is significantly lower. We have information to support this at this early stage. We recognize that there are some concerns about emissions which we will be happy to address. I have a letter which was written to our architect spelling out the nature of their equipment and their ability to meet emission standards. I will leave this letter with you. Also, this is an article from the New York Post which I would also like to leave with you relating to cremation in this period of time where the economics are not the way we'd like them to be, and people for that reason are seeking out this form of final disposition of a person.

Joseph Morreale: You said one third. Where do those people now go for the cremation?

Howard Kensing: We don't do the work. There is one crematory located in our general area. It's at Ferncliff. They go to Ferncliff and then they come back. They don't necessarily come back that day. It could be two to four months later; in many cases they are never interred. We have been encouraged to install this facility, as the closest one is Ferncliff. The other two in our immediate area are in Poughkeepsie and Danbury, Connecticut. The Director of Cemeteries indicated to me that there are only 47 in New York State, and we would like to offer this type of service to our plot holders. I also have to make the point that being a not for profit cemetery, operating under the laws of the State of New York, we've done our best to maintain the cemetery with a very meager budget. We've come a long way in the last 50-20 years with bringing up the terrain and the roadway system to make it a viable cemetery financially. We are also acting as an agent for the Village of Mount Kisco and allowing them to dump their twigs and leaves in our backyard for a very minimal fee. We are working with the Village in that regard. We've had a good collective relationship back and forth, especially when they encapsulated the dump. The maintenance and control of the cemetery is with us. If and when we are financially viable, we would unfortunately revert back to the Village for maintenance and upkeep, as cemeteries like this do. The point is making is that we want to be viable, we want to perform a service to our plot holders and we want to pay the rent and continue to improve the cemetery and enhance it.

Chairman Cosentino: Understand this is only a conceptual. We'll let you know how we feel about it.

Art Goewey: The building is on the southern end of the property along Lexington Avenue. There is a caretaker house in front with a barn to the back. The facility will be to the back of that some 150 feet off of Lexington Avenue, 54 foot off the side property. This is the property where the Mount Kisco Ambulance Corp. is. The footprint of the building is 44 x 40, 40 foot deep. The terrain is such that we are able to provide a garage space for equipment and maintenance at the bottom of the building. Basically we have a 1700 square foot of space that will operate as a crematorium at the top floor, and the back of the building will be three garage bays. This is the crematory area and then there are three office spaces here, two offices and one viewing area. Some religions require a viewing of the cremation event, so that's what this is for here.

Howard Kensing: Some Muslim or Hindu religions require viewing and we have a few such burials. They have their own rules and obviously we want to meet all faiths, as we are a not-for profit, non-sectarian cemetery

Art Goewey: We have a handicap space, three offices and the two units here with the working area in front and the three bays downstairs casing the back. This is the front entry view and the grade slopes to the back. We will be going down some 12% down to the back. There is parking here for staff and maintenance personnel. There are three visitor parking spots that we are providing. This is more than adequate for the parking. This is a gateway which goes on right into the cemetery area; this is also linear parking here. It's a paved area that goes to the cemetery. This building will remain, which is a storage barn. We've mimicked the architecture of the barn to the facility as well, to keep the same look. We will service our utilities from this side. We will need underground electrical service here and gas and sewer line as well from Lexington Avenue. The utility connections will be made on the south end here.

Chairman Cosentino: Does this facility have to be licensed by the State or County?

Howard Kensing: We come under the environmental rules of the State. We have to have a qualified license to operate the unit.

Chairman Cosentino: Is there any person that is going to be running this?

Howard Kensing: No. We'll have a full or part time employee that will be responsible for the operation.

Chairman Cosentino: So it will be run by Oakwood?

Howard Kensing: Yes. We cannot legally have a connection to a funeral home.

Chairman Cosentino: Is it a 24/7 operation?

Howard Kensing: It wouldn't have to be. In the letter that I gave you the process takes two hours. It will probably only be conducted in the daylight hours, I'm sure, and certainly in the initial stage I do not anticipate more than a case or two a week.

Chairman Cosentino: Explain the three-body cooler.

Howard Kensing: That is basically storage of cadavers awaiting incineration.

Chairman Cosentino: I notice four garage doors. What are they for?

Art Goewey: They are for the backhoe.

Chairman Cosentino: Don't you have a barn for that?

Howard Kensing: We're outgrowing the barn a little bit.

Chairman Cosentino: So it's not going to be for vehicles picking up cadavers?

Howard Kensing: No. One entrance only.

Art Goewey: This is the overhead door here, so the hearse will come in this way.

Chairman Cosentino: Why was this particular spot picked? 50 feet from the Ambulance Corp., 120 feet from the Fire Department and residential homes across the street.

Art Goewey: The terrain lent itself.

Howard Kensing: It's near our office and our operation. We didn't want to necessarily over-encumber large vacant pieces of land that we want to use for future cemetery development. It seemed to be a logical choice.

Chairman Cosentino: How many employees does it take to run the operation?

Howard Kensing: One. There will be one employee there at all times.

Chairman Cosentino: Explain what happens on the emissions.

Howard Kensing: The unit itself is a furnace. It generates heat up to 1800 degrees Fahrenheit and totally consumes a cadaver and reduces it to ashes. In the process, the system that we're buying; and they will certify this, there is no odor, no smoke and very little particulate matter that is produced. This little amount of matter is captured by a cleansing device. There is a chimney involved.

Chairman Cosentino: So there will be emissions coming out of the chimney.

Howard Kensing: There will be, but they would meet rather stringent guidelines. Certainly not toxic and not a pollutant type emission after it's processed to these heats and scrubbed and filtered.

Chairman Cosentino: Is this going to be for everybody in the county?

Howard Kensing: No, basically northern Westchester. We are not trying to steal Ferncliff's business or anybody else's. We are trying to provide a service for our own. There are two undertakers in Mount Kisco, one in Katonah and one in Pleasantville. We do draw from Northern Westchester.

Joseph Morreale: You are handling a delicate thing very well. It's an interesting problem. You said there are about 30? I want to get an idea about volume. If there is only one in the county at Ferncliff and the closest one in New York is in Poughkeepsie, you could become a region of interest if this kind of burial increased.

Howard Kensing: That might be an exaggeration as a regional center, but yes, we could with the concept of cremation and the trend toward it, we could. I would like to think that we would have a reasonable number of cases to handle per week, but I don't envision us being a regional center. Even if we did do 10, 12, 20 a week, the traffic that it generates is modest. These cases are generally brought in by a hearse.

Joseph Morreale: It would strike me that if families continue to expand this option; they might want to go the cremation.

Howard Kensing: I don't know and I can't say no they wouldn't. From what I've observed, and I've been at least one time to one at Ferncliff, accompanying a relative and riding in the hearse. We stayed in the delivery area, waited around for awhile and left. It was not people intensive. My experience is more often than not, after a person is cremated, there is a two, three or four month lapse of time before they are interred, and in many cases they are not, for their own good reason.

Joseph Morreale: This requires a fair amount of investment to do. Have you figured out the break even point? How many would you have to do in a year?

Howard Kensing: We are aware of the fact that we are not going to reach a break even point for probably several years. I cannot give you a positive answer to how many we need to break even. We feel the interest not only generated on a state level, but local funeral directors have indicated this is a need, and they thought it would be wise project to be involved in.

Joseph Morreale: I am concerned about the volume. You're in a very busy intersection there. If this were to take off, we could see 10, 15 a week. I realize you are not going to get as many as a funeral, but you are going to get people here.

Howard Kensing: They will not all be interred at Oakwood Cemetery.

Joseph Morreale: I am concerned about the volume of activity.

Howard Kensing: I fully understand the Board's concern about traffic. I've lived in this town for 17 years and I see gridlock in many cases. I am less concerned as a citizen in Mount Kisco with the intersection of Lexington and Moore than I am with downtown Mount Kisco, because for the most part, cases coming to our cemetery come from the south and generally can come off 684 and 117 and are directed to our cemetery. I know it's not the easiest intersection in the world, and we're concerned about it ourselves. We may be jumping ahead a little bit, but we're already in the process and have for years going on record with the Village about being concerned with the traffic light there controlling traffic in and out of Oakwood Cemetery. There is no direction there. We are about ready to perhaps solve it. Jim Palmer might be able to shed a little more light on that. As a citizen I am concerned about traffic all over the Village, and we recognize and are sensitive to it. We are more sensitive to our existing plot holders exiting there.

Ralph Vigliotti: We talked about a business standpoint that in two or three years you hope to be at a break even point. What would the volume have to be to have this break even point? You talked about 20 or 30 a week. Is that the break even point?

Howard Kensing: I would suspect, I don't know.

Ralph Vigliotti: I'm not sure I like the location. You have 50 acres, and I think the loation may be doable because of staffing issues. I'm not sure that's the right location for it. I think out of sight, out of mind. I honestly believe if it were back further; there may be more cost involved, the grading may be a little different, but I don't think that's the right location. It's not like you have 10 acres and that's the only healthy acres that you have to work with.

Howard Kensing: I appreciate your critique. To support the location, we've done our best to let this building mimic the existing one, which is a functional pole barn that's in good repair, well painted and overheard doors replaced. It's going to look very much like that, except it will probably be masonry in construction and we'll probably laminate the sides with wood. What does a crematorium look like? Who knows? It will look like basically a commercial building, and we're trying to not make it look like a church, cathedral or gothic. It's not too far out of line with the other one except it's got some windows and doors. We have considered other locations.

Ralph Vigliotti: What you have now is a residential building with a barn and it has a country feel to it. I think this draws attention to the business that will be at hand in the location that it's at.

Art Goewey: We need to get to the gas service, so we can't put it way up in the back.

Doug Hertz: Although I support what you're looking to do, I tend to agree with Mr. Vigliotti's comment about being so close to the road. I am also concerned about if this is successful and you are doing 25-30 cases a week at 2 hours at 1800 degrees, this is a huge energy load that you are generating within the Village. It's a small cemetery and I'm concerned that this may end up being a large commercial venture within a relatively tight site. Right now if I needed this service, is there a waiting list down county, a time issue?

Howard Kensing: No. I think there is a cost factor involved, transportation, convenience. Convenience to our plot holders is one of the reasons we are doing it; to meet a need that they have.

Doug Hertz: It seems like a large, in essence, business proposition for a small cemetery. I'd be concerned adding to traffic and pollutants. You have a furnace running at high temperatures for long periods of time.

Howard Kensing: Basically we are trying to fulfill a need and cremation is an option that people are more and more taking to. Perhaps, if one of these was not constructed by us, someone else might feel the need they have to do it too. We feel we've got the unencumbered space. We prefer not to locate this in some of the other areas that we've already excavated and cleared for future burials. We've considered one further on toward the Village's property, but it's not as suitable as this. When you consider the way it's been designed, the fact that it's a crematory will not be advertised. It could be an office.

Doug Hertz: I understand. You did mention there will be chimneys. There are none on the plan.

Art Goewey: We need some input from Matthews for that part of it.

Ralph Vigliotti: What would be the height of the chimney?

Howard Kensing: It would have to reach the gable.

Ralph Vigliotti: So we're not talking any higher than three feet?

Howard Kensing: We'd keep it to a minimum, obviously.

Joseph Morreale: But you are near residential areas. That may require you to put that chimney higher to clear the roof tops when the smoke comes out.

Howard Kensing: It has to be above the ridge line.

Joseph Morreale: I'm talking about the buildings around there.

Art Goewey: I think that can be addressed by the Matthews people. I think we need to get information from them.

Howard Kensing: Obviously we have some homework to do on the emissions situation. You've got every right to be asking this kind of stuff, and I'm satisfied that we and our provider can answer that. As far as stacks are concerned, they will be much more visible from the cemetery than Lexington Avenue. We have our caretakers dwelling and our current office, barn, ambulance building and fire house. You've got to go some to visualize this building going north on Lexington Avenue. Coming south on Lexington Avenue, we've got pine trees, so you'd hardly see it at all till you're in the driveway. If you do see the stacks at all, perhaps the most visible area is if you're standing out in our cemetery looking back.

Vice Chairman Sturniolo: Do you anticipate any civil or religious opposition to this concept in Mount Kisco?

Howard Kensing: I don't think so. Other Christian churches have been doing it long before the Catholic Church changed their attitude on it. I don't see that at all. It's a recommended practice.

Chairman Cosentino: Please show for the record that I own property nearby and it has nothing to do with any decision that I will make. Do I understand that you will be coming back for entombments?

Howard Kensing: Down the road. That's another function or operation that we could be involved in.

Chairman Cosentino: How far down the road?

Howard Kensing: Quite a ways down the road.

Chairman Cosentino: Most likely it will happen?

Howard Kensing: It will happen and it will be a good addition to the cemetery.

Chairman Cosentino: My understanding is it's in the works already.

Howard Kensing: No, we're talking about it. People have shown us some drawings and things like that, but we have made no commitment. They call that a columbarium. Again it's the development of the cemetery to meet the demands of the community.

Chairman Cosentino: In saying that, I myself, think putting that there is too much on the property. I am not sold on the concept and of where it's going to be. I think there are other places for something like that to be, but not there.

Art Goewey: The zoning map indicates Lexington Avenue as all commercial, not residential.

Chairman Cosentino: Yes, but across the street is multi family. This is only a conceptual, you are welcome to come back with an application, but I think you've heard the Planning Board loud and clear.

Art Goewey: What about moving it back further? The town dump is right over here.

Chairman Cosentino: That would not be practical for us.

Art Goewey: You need to connect to the utility and gas line and sewer hook up.

Chairman Cosentino: Maybe if you come back with something else, we could take a look at it.

Howard Kensing: Other than another location, what other options do we have?

Chairman Cosentino: You need to give us more information relating to the location, the smoke stacks, traffic. If I were to vote right now, I would vote against it.

Howard Kensing: You don't think there is a need for it?

Chairman Cosentino: I think there is too much on that particular area. It will be a bearing on traffic.

Howard Kensing: There again, the cemetery cooperated with the Village.

Chairman Cosentino: We are the Planning Board. We don't negotiate for the Village.

Howard Kensing: If the ambulance garage wasn't sitting there would you have a different attitude on this?

Chairman Cosentino: No. It has nothing to do with that.

Howard Kensing: In summation, are you going to give us any recommendations as far as what else you want from us?

Chairman Cosentino: You need to come in with something else. You're entitled to make application and show us something else other than that.

Howard Kensing: You're objecting this on the basis of site only, if I read you correctly?

Chairman Cosentino: I didn't say site only. Traffic on Lexington. I heard ten, possibly more a week.

Ralph Vigliotti: We talked about the number of cremations a week. My concern is mainly the location. With 50 acres, I think there is room to take a look at that. If I'm reading my Board members correctly, I think part of the problem is the location. For some members it may be traffic, for some it may be the emissions, the height of the smoke stacks and so on. I'm sure it's going to be a good quality and style building. For me it's the location.

Howard Kensing: Of the 50 acres, we've got six acres on the other side of the railroad tracks, but they're impractical, and the back of the cemetery is impractical, so to change the location is a tough one for us.

Chairman Cosentino: Mr. Singleton, would this be under Special Use Permit?

Whitney Singleton: Yes.

Doug Hertz: My other comment to this is the concern about two bays. That suggests a level of use beyond the cemetery itself.

Howard Kensing: Initially we were intending to order and install just one, and if and when the volume justified it, there is room for two.

Doug Hertz: My concern would be the volume of that suggests a volume of traffic and everything related to it, whatever the impacts may be. It's a small site and you're a small cemetery and it seems like that would suggest a more active venture.

Joseph Morreale: Have you at all surveyed the owners of the plots about this?

Howard Kensing: We found out some response. Again, we operate very modestly. We sent out a general informational mailing to a good part of northern Westchester indicating whether something like this would be agreeable and we did get some response. Not overwhelming.

Joseph Morreale: Was it positive?

Howard Kensing: Yes. No one ever indicated to us they didn't want it, or there was a problem with emissions. It's a function of a cemetery located on cemetery property.

Joseph Morreale: I was thinking of the sensitivity.

Howard Kensing: No one indicated that. A few people liked the idea. We would have liked to seen more sent out, but no one came back and said there was morbidity involved or anything like that.

Chairman Cosentino: Thank you. You've been honest about everything. You've been a good citizen to the Village.

Howard Kensing: The cemetery has been running on a shoe-string for years. We've turned what was in bad shape into a cemetery and a field of green that people compliment on us everyday. We want to maintain that and do what's right for the Village. We've cooperated with the Village in many ways, and we'll continue to do that. I understand your objections. This is something that we thought a lot about and do want to do it for the overall well being of the cemetery to keep it viable. Thank you for your time.

Formal Application:

The Helmes Group

423 Lexington Avenue

PB2008-02

Present: Don Holohan, Property Owner

Steven Helmes, Architect, The Helmes Group

Steven C. Helmes: We are here tonight to hopefully get your blessing to go forward with this project. We were before your Board on March 11 for a Conceptual Review and during that time frame we have done a lot of work and addressed all of your concerns and are fairly confident we have. Tonight we are seeking final site plan approval for the alteration and improvement to the existing building located at 423 Lexington.

Chairman Cosentino: How are you working parking spot five?

Steven C. Helmes: Parking spot five is located here, and we have our snow refuse here. It's a tight spot. If the parking lot is full you can do it in more than a three point turn, depending on the size of the car. Based on the square footage, we are required for five on site parking spaces. We show five. It's a very tight site.