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Planning Board amends 37 Radio Circle site‑plan condition to require easement before occupancy
Summary
The Board voted 6–0 on June 9 to amend its Nov. 12, 2025 site‑plan approval for 37 Radio Circle, changing condition 5 so that the required easement or agreement with the neighboring owner must be in place before a certificate of occupancy is issued.
The Mount Kisco Planning Board on June 9 amended a prior site‑plan approval for 37 Radio Circle to change the timing for an easement requirement.
W. Robert Phillips, Vice Chairman, moved to amend the Board’s November 12, 2025 resolution so that “an easement or agreement with the neighboring property owner related to certain existing encroachments” must be in place prior to issuance of a certificate of occupancy; Andre Keating seconded the motion. The motion carried by a vote of 6–0.
Counsel for the applicant, Diana Kolev of DelBello Donnellan Weingarten Wise & Wiederkehr LLP, said the project team is waiting for the neighbor at 27 Radio Circle to sign the easement. The Board’s amendment changes the condition from requiring the easement before plan signature to requiring it before final occupancy, allowing the developer to proceed to plan signature while preserving the easement requirement prior to occupancy.
The minutes do not record any individual member voting records beyond the 6–0 tally. The amendment will be reflected in the site‑plan record and will affect the schedule for plan finalization and building occupancy for the project.
