Officials: Art Center Moved into Mt. Kisco Space Without Approvals
Mount Kisco Planning Board Chairman Doug Hertz scolded Katonah Art Center representatives and the building’s landlord last week for moving into its new Radio Circle space without approvals.
The applicant first appeared before the board July 24 seeking a special use permit and site plan and change of use approvals, but moved into the space at 40 Radio Circle about two months ago without a certificate of occupancy and a completed safety plan and fire inspection, Hertz said.
He said the move “knowingly violates very possible part of the building code.”
“The applicant has been served violations,” Hertz said. “They’re going through whatever administrative procedures to clear that. There was discussion on whether we should be entertaining this application at all given the fact that you’re currently in violation and it’s discretionary of this board of whether we even want to hear an application that is in flagrant violation of their site plan.”
Landlord Tasos Mansitaris was issued five summonses on Oct. 3, all related to occupying the space without site plan approval and failure to obtain a Certificate of Occupancy, said Village Manager Ed Brancati.
Mansitaris said all the work was done and the art center did nothing wrong when it occupied the roughly 4,700-square-foot space. The center has a building permit and the plumbing, framing and fire inspections have been completed, he said.
“They didn’t have a place to go,” Mansitaris said.
Planning Board Vice Chairman John Bainlardi said the applicant needed to provide the dates of the inspections and who performed them.
But Village Attorney Whitney Singleton said no fire or safety inspection has been done by Building Inspector Peter Miley. Mansitaris countered that Miley did all the inspections except for the fire inspection, which was completed by a representative from the fire department.
Several messages left last week for Miley were not returned.
Brancati said Mansitaris was informed by the Building Department at the Aug. 14 Planning Board meeting that they could not open without the approvals. The village discovered Katonah Art Center was operating illegally during an Oct. 3 inspection of another building on Radio Circle, he said.
Loren Anderson, Katonah Art Center’s owner and director, said she believed that everything was in place to allow her to move in and begin operation.
“Our landlord has been in meetings with all the appropriate boards for months,” Anderson said. “It is his responsibility to obtain approvals and they have worked diligently at it, making changes as needed.”
Parking is also an issue for the site, according to village officials. The building is currently 53 spaces shy of the required 159 spots that are needed as a result of all combined uses in the building. The property would need a parking variance from the ZBA, Hertz said.
Planning Board member Michael Bonforte said he wanted to visit the property to assess the parking situation.
Additionally, Hertz said the applicant must provide a site-specific landscaping plan. Patrick Croke, the center’s architect, said he was recently told by Town Planner Jan Johannessen that the center did not need to hire a consultant for a landscape plan.
Planning Board member Ralph Vigliotti said the front of the building needed landscaping in addition to the existing grass. Since the building is 12 percent above the maximum building coverage for the site, a variance from the Zoning Board of Appeals will also be required, Vigliotti said.
Although the board members were angered by the unlawful operation, Hertz said they wanted to make the application work.
The matter is scheduled to be discussed again at the Nov. 27 Planning Board meeting.
