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Mount Kisco Zoning Board unanimously grants variances for six projects, postpones two cases

Zoning Board of Appeals of the Village/Town of Mount Kisco · September 17, 2024
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Summary

At its Sept. 17 meeting the Mount Kisco Zoning Board of Appeals approved variances for six applicants — including a use variance to reconfigure an existing barn, multiple residential additions, a 6-foot security fence at a synagogue and commercial signage — and postponed two other applications to later dates.

The Zoning Board of Appeals of the Village/Town of Mount Kisco met Sept. 17 and, by 4–0 votes, granted variance requests for six separate applications while adjourning two other matters to future meetings.

Chairman Wayne Spector called the meeting to order and confirmed the board members present: Member George Hoyt, Member Jacqueline Broth and Alternate Ralph Nadel, with Building Inspector Peter J. Miley and Interim Village Counsel Lisa Cobb in attendance.

The board approved the minutes from July 16, 2024 and March 15, 2022 before hearing new and returning cases.

40 Grove Barn, LLC (ZBA# 24-11) sought a use-related variance to reconfigure and enlarge a barn that contains a nonconforming use. Aldo Vitagliano, Esq., and Evelio Ellidias presented the application. The board questioned on-site operations, including parking, installation of a restroom, truck storage and delivery patterns, and Mr. Miley discussed the zoning definition of a warehouse. Several nearby residents — Joe Amuso (56 Brookside Avenue), Mizuki Aria (38 Grove Street), a Ms. Bono (42 Grove Street) and Rocchina Terlizzi (51 Grove Street) — raised traffic and neighborhood impacts. Member George Hoyt moved to close the public hearing and then moved to grant the variance as requested; Member Jacqueline Broth seconded both motions. Chairman Wayne Spector called the votes and both motions carried 4 to 0.

Michael and Lauren Torres (ZBA# 24-12) proposed a vertical addition at 120 Spring Street that required a side-yard setback variance and enlargement of a noncomplying structure. Shahin Heshmat of New Dimensions presented plans for a new den, porch and two deck additions; the sheds on the property will be removed. With no public comment, Member George Hoyt moved to close the hearing and to grant the variances; Member Jacqueline Broth seconded and the motions passed 4 to 0.

Bet Torah Synagogue (ZBA# 24-13) requested a fence-height variance to install a 6-foot fence (two feet over the permitted height) to enhance security for the house of worship and its nursery school. P. Daniel Hollis, Sarah Dirsa and Sam Hest described the security rationale. The board voted to issue a State Environmental Quality Review Act (SEQRA) Negative Declaration, closed the public hearing and granted the requested variance 4 to 0.

Canvas Medical Spa (Signs Ink Ltd.) (ZBA# 24-14) sought multiple signage variances for sign type, sign locations and letter heights for a comprehensive sign package. James Polinsky of Signs Ink presented. The board issued a SEQRA Negative Declaration, closed the public hearing and granted the variances by a 4 to 0 vote.

Moira O’Reilly (ZBA# 24-15) proposed a vertical addition including a new kitchen/family area and a master suite; her application required variances for enlargement of a noncomplying structure, maximum building coverage, side-yard setback and development coverage. Teo Siguenza presented the plans. Representatives of 19 Brook Street voiced concerns; the applicant told the board she would provide additional screening and eliminate a stairwell on the 19 Brook Street side to address neighbor concerns. The board closed the public hearing and granted the variances 4 to 0.

Betmer LLC (ZBA# 24-16) requested variances to alter a noncomplying building and to add three parking spaces. Pat Costabile and Mr. Hurtado presented; the board issued a SEQRA Negative Declaration, closed the hearing and granted the variances 4 to 0.

Returning cases: Member George Hoyt moved to adjourn the North Bedford Energy Storage 1, LLC matter (ZBA# 24-6), which seeks an interpretation/use variance and related variances, to December 17, 2024; Member Jacqueline Broth seconded and the motion passed 4 to 0. The applicants for the 2½ Leonard Street matter (ZBA# 21-21) did not appear and the board adjourned that application to October 15, 2024.

Votes at a glance

- ZBA# 24-11 (40 Grove Barn, LLC): Motion to grant variance as requested; mover George Hoyt; second Jacqueline Broth; vote 4–0; outcome: approved. - ZBA# 24-12 (Michael and Lauren Torres): Motion to grant variances as requested; mover George Hoyt; second Jacqueline Broth; vote 4–0; outcome: approved. - ZBA# 24-13 (Bet Torah Synagogue): SEQRA Negative Declaration issued; motion to grant fence-height variance; mover George Hoyt; second Jacqueline Broth; vote 4–0; outcome: approved. - ZBA# 24-14 (Canvas Medical Spa / Signs Ink Ltd.): SEQRA Negative Declaration issued; motion to grant signage variances; mover George Hoyt; second Jacqueline Broth; vote 4–0; outcome: approved. - ZBA# 24-15 (Moira O’Reilly): Motion to grant variances for vertical addition and coverage; mover George Hoyt; second Jacqueline Broth; vote 4–0; outcome: approved. - ZBA# 24-16 (Betmer LLC): SEQRA Negative Declaration issued; motion to grant variances for building alteration and three parking spaces; mover George Hoyt; second Jacqueline Broth; vote 4–0; outcome: approved. - ZBA# 24-6 (North Bedford Energy Storage 1, LLC): Motion to adjourn to Dec. 17, 2024; mover George Hoyt; second Jacqueline Broth; vote 4–0; outcome: postponed. - ZBA# 21-21 (Lisa Mitchell & Alex Smoller): Applicant absent; motion to adjourn to Oct. 15, 2024; vote 4–0; outcome: postponed.

The board announced the meeting audio and video are available at the posted link. The board did not adopt any conditions beyond the variances and the applicant for 40 Grove Barn was directed that resident traffic concerns should be brought to the Village Manager’s office for follow-up.