Mt. Kisco Planning Chair Resigns, Raises Speculation Behind Departure

Longtime Mount Kisco Planning Board Chairman Doug Hertz resigned from the board nearly two weeks ago, touching off speculation that his departure may have been related to a potential conflict of interest.

Mayor Gina Picinich last week confirmed that there is an advisory opinion from the village’s Ethics Board, but declined to discuss the matter because the Village Board now must determine whether to accept that opinion.

She said the Village Board’s discussion on the issue will occur at one of the board’s two meetings this month.

“These are serious matters that require great care and regard and it’s incumbent upon us to ensure that we are putting the appropriate thought into everything, but everything will be on the public record,” Picinich said.

Sources told The Examiner that Hertz resigned on or about Feb. 16.

While the reason for his resignation is open to conjecture, there had been repeated concerns expressed by some residents that Hertz’s company, Briarcliff Manor-based Sunrise Solar Solutions, was the applicant to install a proposed solar farm on a portion of the 25-acre property at 180 S. Bedford Rd.

Hertz had recused himself from all discussions on the controversial project. Opposition to the project from neighbors has swelled since last summer when a separate application from Homeland Towers was submitted for a 145-foot monopole on the same parcel for cell phone carriers in hopes of eliminating coverage gaps along the Route 172 corridor.

The solar panel application was also the second project from Sunrise Solar Solutions considered by the village during the last few years. The company was approved for an array at Oakwood Cemetery on Lexington Avenue in 2019.

Multiple messages left for Hertz, who is listed as a company partner, were not returned last week.

The Examiner’s Freedom of Information Request, submitted on Feb. 19, to view any ethics complaints and opinions related to the issue was denied last Friday. Village Manager Ed Brancati stated that because the documents at this time represent an opinion they are exempt from disclosure.

“Here, the requested material would constitute preliminary documents that collectively are intra-agency communications, not constituting a final agency policy and determination, and are therefore exempt from public disclosure,” Brancati’s letter stated. “Further, the requested material is comprised of opinions, ideas, and advice exchanged as part of the deliberative process of governments decision-making and therefore not subject to mandatory disclosure as set forth in FOIL.”

Picinich said Hertz was an excellent public servant over more than 15 years of service.

“He really put in a lot of time and effort and brought a lot of knowledge and skill and planning to the position as chairperson to the bord and as a member before that,” she said.

In addition, the solar farm and cell tower applications have triggered multiple recusals on the board or by consultants by the village

Homeland Towers a No-Show

For the second straight Mount Kisco Planning Board meeting last Tuesday, Homeland Towers was on the agenda but this time failed to appear. On Feb. 9, the applicant was not permitted to be heard because of an inadequate escrow account.

Acting Chairman Michael Bonforte said the applicant submitted an alternate location for the proposed monopole, a residential parcel at 21 Linden Lane in Bedford. It is about 1,200 feet from the currently proposed location at 180 S. Bedford Rd. property on the Mount Kisco side of the town line.

However, according to a correspondence from John Stockbridge, a Bedford resident and a member of the board for the neighboring Marsh Sanctuary, the alternate location is unacceptable.

He said there is no provable loss in cell coverage for the location presented and the new location would be less than a half-mile from the tower on Guard Hill and a mile from the cell tower complex at Route 172 and I-684.

Board member Crystal Pickard said she’s not convinced yet there is a coverage gap on Route 172.

Bonforte said he was disappointed Homeland Towers was a no-show.

“We’re here to do the work and this is delaying our ability as a board to assess this application,” he said.