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Man Who Stormed Out of Kisco Planning Meeting Mulls Lawsuit

In interview, Tim Mallon blasts Mount Kisco officials for the review of his landscaping proposal.

The owner of a furniture store is vowing to sue the village.

Tim Mallon of The Village Shop of Westchester said in an interview that he is in the process of trying to get a lawyer.

"They're not getting away with this, with me," Mallon said about officials.

Mallon walked out of the meeting with a profanity-laced tirade after being questioned by board member Ralph Vigliotti, who was filling in that night for Chairman Joseph Cosentino. He made the decision to leave after arguing with Vigliotti about parking - he does not have any on the site - and about placing furniture outside. Vigliotti then proceeded to move the discussion to feedback from other board members when Mallon exited.

Mallon, who sells furniture and high-end outdoor items, is applying to get a permit to place furniture outside, along with a plan to install new landscaping, Mount Kisco Building Inspector Austin Cassidy said. The store is located at 91 E. Main St. The April 24 walk out was Mallon's second board appearance, according to Cassidy, as he made an appearance earlier in the month to discuss his proposal.

During the course of the review, Mallon faced questions from the board about his furniture. At the first meeting, Cassidy confirmed, there was talk about whether the furniture would be properly fastened, something Mallon referenced in his anger at the second appearance.

Mallon feels that he is being unfairly targeted and that other organizations are able to have furniture outside.

"What's the difference? How come I can't do it?" Mallon said. He is also claimed that he paid $2,000 in fees to the village and its planning consultant to have the review.

Mount Kisco officials deny Mallon's assertion.

Village Manager James Palmer feels that what is being done is not different from other applicants. He also feels that the village has been "more than accomodating over the year."

Meanwhile, Pamer stated the Mount Kisco Police Department has been contacted about the meeting. Palmer said that they would be investigating any complaints received from the village. When asked if any planning board members or officials present complained, Palmer declined to comment.

Cassidy felt that it was fine to ask about furniture being blown off of the property, describing it "as sound protocal to ask." Cassidy stated that if an accident were to occur involving furniture blowing off into traffic, it could mean that the village and property owner are legally liable.

Cassidy also said that other businesses have had to go through a planning board review, including Patio.com, which got its permit about 20 years ago when it was doing business under another name. At the most recent meeting, Mallon singled out Patio.com as a business that can have furniture outside.

It is unclear as to what will happen with Mallon's application. Cassidy said that Mallon has not been in contact since the meeting, although one of his employees contacted to ask for a copy of a survey.

Mallon has had a history of tense relations with the village. Last year he paid a $500 fine stemming from outdoor display of furniture without a permit, according to the building department's records. In 2009 he pleaded guilty on a similar charge, for displaying a decorative wrought iron fence at his previous location, according to the building department's records, but was not fined. At the time, his business was located on North Bedford Road.

Jeff Kent May 01, 2012 at 02:12 PM
Am I the only one who thinks $2000 in fees to determine whether or not some patio furniture can be placed on the sidewalk is a little extreme? I understand the concern about items blowing onto Main St. and causing an accident, but this seems like bullying a small business trying to make it in a rough economy.
Tom Auchterlonie May 01, 2012 at 03:52 PM
I found out from the building department that out of that $2,000, $500 is a non-refundable application fee, while $1,500 is to set up an escrow account to pay for consulting fees for the review. Mallon would be refunded whatever is left over in the account, whether he drops his application or completes it.
Mike A May 01, 2012 at 04:36 PM
You know ENOUGH IS ENOUGH let the little people run there bussiness the way they want and tell the goverment agencys (in this case the Village Board of Mt.Kisco) to leave them alone.this board is running people off just like that piece of c#@p ObamaThe little bussiness made this country what it was (before demacrats) small bussiness of Mt.Kisco stand up for your rights and remind the Village board they can be voted out just as fast as they were voted in.REMEMBER they are there for Y O U not to push bussiness out like Borders-Flying Pig and as far back as Ladd and Dads -Ables also Victoria secrets-Baskin Robbons-should i go on!!!!!!
Gary Murphy May 01, 2012 at 08:40 PM
Running a business is about managing cash flow. That means that $2000 is not going to payroll, inventory, marketing, vendors, taxes… dare I say in the owner’s pocket! Want to quash any sort of good idea? Ask someone from the government to have a seat at the table… This guy is trying to enhance his store front with his own money that will allow him to compete fairly with his competitor in the marketplace. $2000 for the town to decide if a furniture shop can place some (get this, furniture) in front of his furniture store and to approve the landscaping upgrade??? Are you kidding me?
Timothy Mallon May 03, 2012 at 12:18 AM
At this time the town officials are trying to cover there mistakes.I have at least 25 different pictures of violiations that the code enforsement officer chose to ignore .The town gave me copies of both planning board meetings and they were not correct and the town left out many critical parts of the minutes.I will post them as soon as I get the tape recordings from the neetings with the help of the Fredom of information law.Mt. Kisco goverment does what it wants and gets all the other departments to go along with it.They make to many mistakes and they out and out tell lies.After serving in Viet Nam ,getting wounded,and being in a ambush platoon I am sure when when someone or something is trying to get me.When this happens I react and defend myself.I wonder if anyone on the planning board was in the war?More later. Tim Mallon

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