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EVENING.[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS GREENBURGH TOWN HALL AGENDA THURSDAY, January 21, 2021 – 4:00 P.M. Due to the COVID-19 pandemic, there will be no public gathering in Town Hall for this meeting. If you would like to watch the meeting, you may do so via the Town's website or via cable television. If you would like to participate in one or more of the public hearings, you must pre-register through the Department of Community Development and Conservation by emailing publichearing@greenburghny.com or calling 914-989-1538, specifying the applications that you would like to speak on. Instructions to participate will then be emailed to you or you will receive a return phone call ]
EVERYONE.THE ZONING BOARD OF APPEALS TO JANUARY 21ST, 2021.
OUR FIRST MEETING OF THE YEAR WILL NOW COME TO ORDER.
WE HAVE SIX CASES THAT WERE SCHEDULED FOR TODAY'S AGENDA, HOWEVER, CASE 2029 ERIC MARTUCCI IS BEING ADJOURNED.
SO IF THERE'S ANYONE WHO WAS INTERESTED IN THAT CASE, UM, YOU SHOULD BE AWARE THAT, THAT WE WILL NOT HEAR IT TODAY.
UM, FURTHERMORE, WE ARE GOING TO GO TO THE NEW CASES TODAY BECAUSE WE DO HAVE A BOARD MEMBER WHO'S HAVING SOME TECHNICAL DIFFICULTIES, BUT WILL BE WITH US SHORTLY AS WE DO NEED A QUORUM.
WHILE WE DO HAVE TWO NEW MEMBERS, AND I'LL ASK THE TWO NEW MEMBERS TO INTRODUCE THEMSELVES SO YOU CAN BE SEEN AND HEARD, AND HOPEFULLY WHEN YOU INTRODUCE YOURSELVES, YOUR SCREEN, YOUR YOUR FACE WILL POP UP FOR US.
MR. ADLER, CAN ANYONE HEAR ME? YEP.
UH, MR. ADLER, IF YOU COULD JUST UNMUTE YOURSELF THERE.
UM, SINCE THIS IS HIS FIRST, UH, APPEARANCE HERE, HE IS NOT VOTING ON ANY MATTERS THAT HE HAS NOT HEARD YET.
AND OBVIOUSLY WE HAVEN'T HEARD ANY MATTERS YET TODAY.
HOWEVER, UM, WE DO HAVE, UH, CASES THAT HAVE BEEN HEARD PREVIOUSLY AND THEREFORE HE WOULD NOT BE VOTING ON THOSE CASES AND OUR SECOND NOVEMBER.
AND WHERE IS SHE? I'M LOOKING NOW.
UM, THANK YOU FOR THE KIND, WELCOME, AND I LOOK FORWARD TO JOINING THE BOARD.
THANK YOU SO MUCH FOR BEING HERE.
WE APPRECIATE YOUR EFFORTS AND TIME THAT YOU'RE GOING TO SPEND WITH US AND ALSO FOR THE COMMUNITY.
SO, UM, AS I SAID, WE'LL GO TO THE NEW CASES FIRST SO THAT, UH, WE CAN GET STARTED TODAY.
AND THE FIRST NEW CASE THAT IS ON OUR AGENDA IS CASE 2033.
LESLIE ALPERT FREY AT PROPERTY 1 25 HARLAN ROAD.
AND DO WE HAVE ANYONE HERE WHO IS ADDRESSING THAT CASE TODAY? I, THAT'D BE ME.
HELLO, IDENTIFY YOURSELF PLEASE AND GO FORWARD.
HELLO, MY NAME IS LESLIE ALPER CHILDRE.
UM, I'M A LIFELONG GREENBERG RESIDENT.
I GREW UP HERE AND I MOVED BACK 12 YEARS AGO.
UM, WE WOULD LIKE TO ENCLOSE OUR COVERED DECK, UM, WHICH WOULD INCREASE OUR CURRENT FAR BY 75 SQUARE FEET.
UM, UH, THERE IS CURRENTLY 2,758 SQUARE FEET WHEN WE MOVED IN.
AND FROM WHAT I UNDERSTAND, THAT WAS BE PREDATES OUR MOVE.
UM, WHAT IS ALLOWED IS 2,600 SQUARE FEET.
OUR PLANS ARE TO KEEP THE OUTSIDE WITHIN THE ORIGINAL STYLE OF THE HOUSE AND ARCHITECTURE.
AND ALL WE ARE LOOKING TO DO IS INCREASE TWO WALLS OF OUR, UM, CURRENT COVERED DECK OR PATIO.
I THINK IT WOULD ACTUALLY INCREASE THE LOOK AND FEEL OF THE ORIGINAL ARCHITECTURE.
RIGHT NOW IT'S UNUSED SPACE AND OUR GOAL IS THAT WE COULD CREATE A LITTLE BIT OF A LARGER DINING SPACE SO THAT WHEN COVID IS OVER, I CAN PROPERLY ENTERTAIN MY CLOSE FAMILY AND ACTUALLY ALL SIT TOGETHER IN A DINING ROOM, UM, WHERE WE CURRENTLY CAN FIT ABOUT FIVE PEOPLE.
SO IF YOU LOOK IN YOUR PACKET, YOU WILL SEE PHOTOS OF OUR CURRENT, UM, COVER DECK.
IT'S, UM, ORIGINALLY WE, WHEN WE FIRST MOVED IN, IT WAS PLACED FOR A TOY BOX, UM, BECAUSE IT WAS JUST, IT WAS, IT'S JUST, WE DON'T HAVE A TABLE IN THAT SPOT.
UM, BUT, UM, IT'S JUST UNUSED SPACE THAT, UM, YOU KIND OF WALK, YOU KNOW, JUST SORT OF LOOK AT AND DOESN'T CURRENTLY SERVE A PURPOSE.
WE THINK THE ACTUAL ORIGINAL PURPOSE OF THE, UM, ORIGINAL LOOK WOULD BE TO ENCLOSE IT AND THEN BE ABLE TO, UM, MAKE BETTER USE OF THE SPACE ITSELF.
HOW, HOW OLD IS YOUR HOUSE? HOW OLD? I BELIEVE IT'S 1955.
AND YOU'VE MADE NO OTHER CHANGES TO IT ALONG THE, THE TIME? WE HAVE NOT MADE ANY OTHER CHANGES.
PROCEED IF YOU HAD ANYTHING ELSE TO SAY.
NO, UM, I THINK THIS IS GREAT TO TAKE A LOOK AT THIS.
UM, IT'S, RIGHT NOW THIS IS THE, THE NEW PLAN.
UM, AND YOU CAN SEE ON THE LEFT SIDE OF THE SCREEN, I'M JUST, UM, WHERE THERE IS, UM, THAT X CURRENTLY IT IS, YOU
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KNOW, WE USE IT TO GET IN THROUGH THE BACK, CROSS THROUGH.I MEAN, AND YOU COULD SEE IN THE PICTURES WE HAD, UM, YOU KNOW, AFTER WE, WE PUT SOME CHAIRS THERE, UH, DURING COVID WHERE, YOU KNOW, YOU COULD HIDE FROM THE SUN, BUT, UM, WE THINK IT WOULD BE A BETTER U WHEN YOU STAND ACTUALLY ON HIGHLAND AND YOU'RE LOOKING BACK DIAGONALLY THROUGH THE HOUSE, YOU COULD ACTUALLY SEE, YOU SEE A POLE HANGING.
AND I THINK IT WOULD ACTUALLY CHANGE THE AESTHETIC, UM, AND THE LOOK IN THE FEEL AND BE MUCH MORE, UH, TRUE TO THE, THERE YOU GO.
MY, MY PHOTOS, UM, YOU WOULD BE MUCH MORE IN, IN TUNE WITH THE LOOK OF THE, OF THE HOUSE.
SO RIGHT NEAR THERE YOU COULD SEE, I THINK I TOOK THESE AFTER A STORM, SO I PUT THE, UM, UMBRELLA FROM THE TABLE IN THAT SPACE.
BUT YOU KNOW, WE USED TO BRING ALL THE UMBRELLA DOWN TO THE CRAWL SPACE, SO IT WOULD ACTUALLY, UM, IT, IT WOULD SERVE A BETTER PURPOSE TO, UM, SO YOU COULD SEE ON THE LEFT SIDE IS MY CURRENT DINING ROOM, WHICH IS A QUITE A SMALL, UM, SQUARE.
AND THEN THERE'S A SLIDING GLASS DOOR, WHICH WE HAVE BLOCKED OFF WITH MY CHILDREN'S INSTRUMENTS.
SO YOU CAN'T, WE DON'T EVEN USE IT TO GET IN.
UM, THERE IS THE, THE ROOF IS EXISTING, IT'S LIVABLE SPACE ABOVE IT.
SO IT WOULD NOT EVEN BE IN FRIG, YOU KNOW, ON ANY UNUSED, UH, PIECE OF LAND.
AND IT, IT WOULD ACTUALLY ONLY BE ADDING 75 SQUARE FEET TO THE SPACE.
DO YOU HAVE ANY, UM, KNOWLEDGE AS TO, LET ME HOLD UP.
PERHAPS I SHOULD SAY, COULD YOU EXPLAIN WHY, UM, YOUR F A R IS ALREADY OVER? WHAT IS PERMITTED? I'M NOT SURE.
UM, I I SHOULD NOT BE THERE IF YOU KNOW, I, MY, NO.
UM, WHEN WE MOVED THERE IS A BUILT A DECK.
I DON'T KNOW IF THAT COUNT, IF THAT COULD BE PART OF IT.
THAT IS IN THE SURVEY FOR WHEN WE BOUGHT THE HOUSE.
SO MY GUESS IS THAT WAS PROBABLY, UM, SEE WHERE IT SAYS EX EXISTING DECK.
YES, THAT COULD POTEN, THEY, THE, WE'RE THE THIRD OWNERS.
I BELIEVE THE SECOND OWNERS PUT THAT IN.
SO IF THAT, UM, I KNOW THAT THEY HAD TO GET A PERMIT AND, UM, SURVEY BECAUSE THE ORIGINAL SURVEY DOESN'T HAVE IT AND THE SECOND SURVEY DID HAVE IT.
SO MY GUESS IS IT'S THAT, UM, AND AS YOU COULD SEE, THAT WAS PART OF WHAT THEY HAD.
UM, I THINK IT MUST HAVE JUST BEEN PATIO OR FLAGSTONE THERE AND THEN THE OWNER.
SO THAT'S WHAT I THINK IT MUST BE, UM, BECAUSE EVERYTHING ELSE IN THE HOUSE IS, UM, THERE'S NO BUILDING THAT, THAT ANY OWNER PRIOR TO US HAD, UM, COMPLETED.
LET ME ASK YOU ABOUT, LOOKING AT YOUR SITE PLAN, THE EXISTING DRIVEWAY, IT, IT APPEARS THAT THE AREA OF THE DRIVEWAY THAT'S ON THE PROPERTY LINE, UH, IN THE FRONTAGE IS WIDER THAN THE DRIVEWAY AS IT APPROACHES THE GARAGE.
IS THAT ACCURATE? THE WIDER SLIGHTLY.
AND DOES THAT PERMIT TWO CARS TO PARK IN THAT AREA OR NOT? YES, IT DOES.
AND WAS THAT THE CONFIGURATION WHEN YOU PURCHASED THE HOUSE OF THE DRIVEWAY? I BELIEVE SO, YES.
I WOULD HAVE TO JUMP, WE'LL DOUBLE CHECK BACK 12 YEARS BEING PREGNANT, BUT YES,
YEAH, AND THERE'S STAIRS THAT GO BACK.
UM, WE JUST THINK IT WOULD BE, IT'S SUCH A SMALL ADDITION, BUT IT WOULD, IT WOULD BRING A LOT TO WHAT WE ARE FACED WITH.
I DON'T HAVE ANY OTHER QUESTIONS.
I'LL ASK, UH, WHAT HAVE YOU USED THAT SPACE FOR UP TO NOW? GOOD QUESTION.
UM, UNFORTUNATELY IT, IT'S NOT BEEN WELL USED.
UM, AT ONE, YOU KNOW, WHEN MY CHILDREN WERE LITTLE, WE USED IT, YOU KNOW, WE PUT THEIR TOYS THERE.
UM, I HAD A BOX OF TOYS, UM, AND NOW, UM, THEY DON'T REALLY PLAY WITH TOYS ANYMORE.
WE SOMETIMES WOULD, WE PUT THE GRILL UNDER WHEN WE'RE NOT USING IT, BUT THIS SUMMER WE, WE NEVER EVEN WIELD IT IN.
UM, I HAVE CURRENTLY, YOU KNOW, A CHAIR THERE.
UM, WHEN WE WOULD HAVE VISITORS, UH, UNDER COVID, IT WOULD, WE WOULD TRY AND SPREAD OUT AND AVOID THE SUN, BUT WE, IT'S, IT'S, UNFORTUNATELY IT'S COVERED SPACE THAT IS NOT WELL USED.
AND SO I THINK THIS WOULD ACTUALLY SERVE THE PURPOSE OF THE HOME TO OUR ADVANT TO, YOU KNOW, AN ADVANTAGE OF US AND FUTURE, UM, HOMEOWNERS JUST TO BE ABLE TO USE THIS SPACE.
UM, I THINK THE WAY IT WAS PROBABLY INTENDED, YOU KNOW, THE WAY IT WOULD BE INTENDED.
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DO YOU, UH, USE THE, I SEE IT SAYS HABITABLE ATTIC.UM, IT'S SORT OF LIKE A, A HANGOUT ROOM.
ANY OTHER QUESTIONS FROM ANY, ANY OF THE BOARD MEMBERS? I, I JUST WANNA POINT SOMETHING OUT.
LES, WERE YOU GONNA ABOUT, I, I JUST WANNA KNOW WHAT'S BEHIND YOUR HOUSE.
I MEAN, IS THERE ANOTHER, A BACKYARD COMING TO YOUR BACKYARD? YEAH, THERE, THE, THE DECK GOES FAR OUT AND THERE'S SPACE IN BETWEEN THE LINE, THE PROPERTY LINE THAT THERE'S, UM, BUSHES AND TREES AND, UM, MULCH.
AND THEN ON THE, THE OTHER SIDE, THE SIDE PROPERTY, WHICH I GUESS WOULD BE THE SOUTH, IS WHERE THE BULK OF THE LAND IS.
SO THIS IS EXACTLY AS IT WAS WHEN WE MOVED IN BACK IN 2008.
SO THAT'S THE DECK, THAT GRAYISH AREA.
AND THEN, UM, THERE'S, YOU KNOW, IT'S, RIGHT, AND THEN THERE'S MULCH AROUND HERE AND SOME BUSHES.
UM, AND THEN IT'S ACTUALLY THE, THE PEOPLE BEHIND US, THERE'S SOME SORT OF, UM, THEY HAVE, THEY'RE UP A LITTLE BIT HIGHER ON 70.
SO YEAH, THERE'S, THIS IS, THERE'S, YEAH.
DOES THAT HELP ANSWER THAT? YEAH, I WOULD SAY VE I, I'LL STOP AFTER THIS.
NO, BUT THE THING IS, UH, WHO, WHO DO WE ADVISE? WHO DOES THE, UH, THE TOWN ADVISE WHEN SOMETHING LIKE THIS COMES IN FOR VARIANCE? I'M NOT.
SO THE, UH, THE, THE ZONING ORDINANCE STIPULATES THAT, UH, A MAILING NOTICE BE SENT TO THOSE PROPERTY OWNERS OR THOSE PROPERTIES THAT ARE WITHIN 250 FEET OF, OF THE PERIMETER OF THE SUBJECT SITE.
SO, SO TO THAT POINT, ALSO, MY NEIGHBORS THAT IT, THAT WOULD BE CLOSEST HAVE ALSO WRITTEN A LETTER SAYING, YOU KNOW, THEY ACTUALLY THINK IT WOULD MAKE THE PROPERTY, THEIR VIEW WOULD ACTUALLY BE SIDING RATHER THAN, YOU KNOW, OLD BALLS AND, UM, CHAIRS.
IT WOULD ACTUALLY MAKE THEIR SPACE LOOK BETTER.
WE DON'T PLAN ON PUTTING A WINDOW, SO IT WOULD GIVE THEM FULL PRIVACY.
AND THEN THE PERSON THAT LIVES DIAGONALLY BEHIND ME AS WELL, GAVE US, UM, HE ALSO WROTE A LETTER AND GAVE US HIS BLESSING.
AND KIKI, THAT'S THE ONE DIRECTLY, THAT'S THE ONE DIRECTLY BEHIND YOU? THEY'RE OFF TO THE SIDE, WHAT SHE'S TALKING ABOUT.
IT WAS, IT WAS THE NEXT DOOR NEIGHBOR'S, KIKI, WHO REALLY HAS THE CLEAREST VIEW.
AND THEN RIGHT DIRECTLY BEHIND ME, THEY HAVE, SO THEY HAVE A LOT OF TREES AND BUSHES THAT WE'VE NE I'VE NEVER SEEN THEM AND KAMAL'S, UM, A LITTLE BIT MORE.
UM, WE JUST KNOW HIM AND HE, HE, HE'S, HE, HE HAS EEA EASIER ACCESS, SO YES, SO HE AS WELL.
AND IN LINE WITH WHAT YOU SAID ABOUT, UH, SHRUBBERY, HAS THERE BEEN ANY FLAW GIVEN TO, UM, EITHER BY YOU OR BY YOUR NEIGHBOR WITH REGARD TO POSSIBLY, UH, THE NEED FOR ANY SHRUBBERY THERE OR NOT? THERE? THERE IS, UM, THERE IS SHRUBBERY THERE.
I MEANT THAT WOULD SCREAM SOMETHING THAT IS, UH, MORE, WELL, UM, SO ON ONE SIDE THERE'S LITTLE MINI TREES THAT, THAT ARE TALL.
I MEAN, THEY'RE TALLER THAN ME.
UM, THAT WOULD BACKS UP TO KIKI'S.
I MEAN, I PRESUME THEY'LL GROW IN OVER TIME EVEN MORE.
UM, THERE WAS A, AND, AND THEN SOME OF THEM ALSO BLOCK WHERE KAMEL IS, THERE'S TWO THERE.
THEY WERE JUST PUT IN, UH, TO GIVE US SOME PRIVACY.
BUT THEY WERE, YOU KNOW, I TOLD THEY GROW A FOOT EVERY YEAR, SO.
AND THEN THE PEOPLE DIRECTLY BEHIND, WE, WE, WE CAN'T SEE AT ALL.
SO YES, WE'RE LOOKING AT PRIVACY AND ALL, AND YES.
UH, MR. LIEBERMAN, YOU HAD STARTED TO SAY SOMETHING I, I JUST WANTED TO VERIFY WITH THE APPLICANT AND WITH ANTHONY EXACTLY WHAT THE BOARD IS BEING ASKED TO GRANT THE APPLICANT SEVERAL TIMES HAS MENTIONED 75 SQUARE FEET, BUT THE APPLICATION IS FOR 101.
MY HUSBAND DOES MATH, SO MAYBE THERE'S A, MAYBE IT'S 100 I HAVE TO GO.
YEAH, THE DENIAL LETTER THAT WAS ISSUED WAS FOR AN EXISTING F A R OF 27 58 AND A PROPOSED F PR OF 2008 59, WHICH IS 101.
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WE JUST WANTED ASSISTANT NONCONFORMING AT 27 58.IT'S EXISTING LEGAL NONCONFORMING.
IT WAS BUILT PRIOR TO THE F A R LAW.
BUT THE APPLICANT HAS SAID THAT THEY'RE ONLY AT, OR THEY'RE ONLY ADDING 75 SQUARE FEET, SO I JUST WANTED TO, SO THAT WOULD BE, YOU KNOW, IF YOU, YOU'D ADD THAT 75 TO THE SE 27 58 EXISTING.
I JUST WANNA MAKE SURE THAT WE HAVE AN ACCURATE, UH, NUMBER TO, TO GRANT IF THAT'D BE THE WISH OF THE BOARD.
WELL, WE, WE DON'T HAVE, WHAT IS THE SQUARE FOOTAGES ACCORDING TO THIS 92, AND I THINK THAT THE APPLICANT SAID, CORRECT ME IF I'M WRONG, YOU WOULD BE PUSHING THE WALLS OUT SLIGHTLY.
SO THAT SOUNDS LIKE YOU'RE GOING TO 101.
AND I, AND I, I BELIEVE THE WAY THAT I'M LOOKING AT HER ORIGINAL DRAWING IS AS IF THAT IS ADDING ONTO THE EXISTING DECK THAT IS THERE.
AND I DON'T KNOW IF THE LANGUAGE IN THE VARIANCE REQUEST MATCHES EXACTLY THAT.
WE'RE NOT PUSHING ANY FURTHER THAN THE DECK IS NOW.
WHAT, AND IT'S ONLY WHAT IS EXISTING WITH THE DECK.
WE'RE NOT LOOKING TO GO BEYOND THAT, THAT I BELIEVE THE PEOPLE BEFORE ME HAD GOTTEN, YEAH, IT'S ON THE SURVEY.
ANY OTHER QUESTIONS? ANYONE IN THE AUDIENCE THAT WANTS TO ADDRESS THIS? OKAY, WELL, HEARING NOTHING, UH, FURTHER, WE WILL TAKE THIS UNDER CONSIDERATION AND, UM, HOPEFULLY SEE IF WE CAN MAKE A DECISION OR NOT THIS EVENING.
SO NOW WE'RE GOING TO GO BACK TO OUR ORIGINAL CASE THAT WE HAD ON OUR AGENDA, WHICH IS CASE 20 27 70 SOL RIVER ROAD, L L C PROPERTY AT SEVEN SOL RIVER ROAD, HASTINGS ON HUDSON.
AND I BELIEVE WE HAVE SOMEONE HERE TO ADDRESS THIS MATTER.
UH, WE HAD APPLIED TO HAVE EXTERIOR STORAGE MCCONNELL, YOUR NAME? PT MCCONNELL.
WE HAD APPLIED TO, UH, HAVE EXTERIOR STORAGE WITHIN THE LOT LINE SETBACKS WITHIN THE 25 FOOT SETBACK.
AND THEN A BOARD MEMBER HAD ASKED FOR ME TO SUBMIT A SCHEMATIC, WHICH I DID, AND I BELIEVE I CAN SCREEN SHARE IT RIGHT NOW.
SO THESE ARE THE AREAS WHERE WE'D LIKE TO INFRINGE ON THE 25 FOOT SETBACK.
I KNOW THAT YOU HAVE THEM OUTLINED, UM, ON THE SCHEMATIC THAT YOU SENT US, BUT YOU COULD GO THROUGH IT.
SO THAT NUMBER ONE, YOU INDICATED SEVEN FEET OFF THE PROPERTY LINE? YES, MA'AM.
SEVEN FEET OFF THE PROPERTY LINE AND NUMBER ONE, UM, FOUR FEET OFF THE PROPERTY LINE.
AND NUMBER TWO, UM, AND THEN NUMBER THREE IS IT'S PLUS OR MINUS TWO FEET THAT THE CURB IS ACTUALLY, IT VARIES TO THE PROPERTY LINE THERE, AND THEY BACK THAT STUFF UP TO THE CURB.
AND THEN FOUR IS, UM, UP AGAINST THAT FENCE THAT BORDERS SAWMILL STONE RIGHT THERE.
I KNOW THIS MIGHT SOUND LIKE A DUMB QUESTION, BUT I'M CONFUSED BY WHERE THE FRONT PROPERTY LINE IS BECAUSE THAT CURB THROWS ME OFF AND THEN YOU SHOW HEDGES AND OTHER THINGS, UH, OUTSIDE OR INSIDE OF THAT LINE.
I MIGHT HAVE COVERED UP THE CURB WITH MY BLUE BOXES, SO IT SHOULD, THAT CURB SHOULD RUN.
UM, SEE THE ORANGE LINE THAT I'VE, THAT I'VE GOT GOING EAST TO WEST.
I SEE THAT THAT'S ABOUT THE CURB MORE OR LESS.
THAT IS THE CURB LINE, THE ORANGE LINE? YES, MA'AM.
BUT THE ORANGE LINE TECHNICALLY REPRESENTS WHERE WE INSTALLED, UM, SLATS AND THE FRONT FENCE, SO NOTHING'S VISIBLE FROM THE STREET.
AND, AND NUMBER THREE IS OBVIOUSLY REALLY, ESSENTIALLY ALMOST ON THE PROPERTY LINE IN YES, MA'AM.
BEHIND THAT FENCE? YES, MA'AM.
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NEIGHBORS, ANOTHER, UH, LIGHT INDUSTRIAL PROPERTY.I WAS SAYING, AND IT DOES ANSWER THE QUESTION THAT I HAD RAISED WITH THE OUTLINING OF THOSE, UM, THOSE BUILD OUTS.
AND, UH, THE CONCERN THAT I HAD IS WHERE THEY WOULD BE, AND IT DOES SAY THAT THERE'D BE NO MORE THAN SIX FOOT HIGH.
SO, UM, IT, IT DOES RESPOND TO THE QUESTIONS THAT WERE RAISED AT THAT TIME.
ANY OTHER QUESTIONS FROM ANY BOARD MEMBER? WAS THERE AN ISSUE ABOUT THE HEIGHT OF THE STORAGE MATERIAL? I DON'T KNOW.
THERE WAS A, IT WAS, UM, OUR FENCE IS SIX FEET AND THEN I THINK A BOARD MEMBER HAD A QUESTION ABOUT HEIGHT AND WE WERE ABLE TO JUST ABIDE BY STAYING UNDER SIX FEET WITH ANY MATERIAL.
ANY OTHER QUESTIONS? JUST TO CLARIFY.
SO THEN DO YOU NEED A VARIANCE FOR HEIGHT? NO, MA'AM.
THAT WAS GONNA BE IN A REVISED, UH, DENIAL LETTER THAT THE VARIANCE FOR THE HEIGHT WAS NO LONGER NEEDED.
ANTHONY IS, UH, SILENCE ASSENT.
ANY OTHER QUESTIONS FROM ANYONE, INCLUDING ANY PERSON WHO WANTS TO SPEAK FROM THE PUBLIC? WELL, HEARING SILENCE, I ASSUME THAT, UH, WE WILL TRY AND DISPOSE OF THIS MATTER TODAY.
AND THE NEXT CASE ONTO JAY'S AGENDA IS CASE 2028.
JERRY STREIS PROPERTY AT SEVEN ANDOVER ROAD, HARTSDALE.
AND YOU HAVE SOMEONE HERE SPEAKING ON THAT MATTER.
I'M JEFFREY STREIS FELD AND MY ARCHITECT ROBERT DEANDRO, WHO'S ALSO ON, INITIALLY THIS APPLICATION WAS TO LEGALIZE THE DECK AND THEN IT WAS DETERMINED THAT THE, THE NEXT PATIO WAS, UH, VIOLATING CERTAIN SETBACKS.
AND LAST TIME WE WERE ON, IT WAS SUGGESTED THAT WE REDUCE THE PATIO A LITTLE BIT.
AND I BELIEVE MR. DEANDRO HAS SUBMITTED NEW PLANS, WHICH REDUCED THE PATIO BY ABOUT FOUR FEET.
THERE IS ALSO A RETAINING WALL THAT HOLDS THE PROPERTY BACK.
YOU HAD REQUESTED THAT THE RETAINING WALL BE REDUCED.
AND I THINK THAT WOULD BE A MISTAKE BECAUSE THE RETAINING WALL REALLY IS PERFORMING A FUNCTION OF HOLDING THE, THE LAND BACK.
SO I BELIEVE THE LATEST SUBMISSION IS A REDUCTION OF THE PATIO BY FOUR FEET, BUT A BUT THE RETAINING WALL TO REMAIN.
IS THAT CORRECT, ROBERT? UH, YEAH.
LET ME, I COULDN'T SHARE MY SCREEN 'CAUSE I HAVE SOME THINGS I CAN SHOW.
UM, SO EVERYBODY SEE THIS? YES.
SO, UM, THIS, THIS IS BASICALLY WHAT WAS SUBMITTED LAST TIME.
WE SHOWED THE PATIO THE OUTLINE OF IT THE WAY IT IS, WHICH ACTUALLY INCLUDED THE RETAINING WALL, WHICH IS HERE.
AND THE, UM, THE, UH, THE LETTER WAS TO EITHER, YOU KNOW, REMOVE THE PAVERS SO IT COMPLETELY COMPLIES OR TO REDUCE IT, UM, SOMEWHAT.
SO IT, UM, YOU KNOW, IS, IS, UH, NOT SO CLOSE TO THE, TO THE PROPERTY LINE.
SO THIS WAS WHAT WE SUBMITTED, UM, NOW, WHICH IS BASICALLY, THIS IS THE WALL HERE, AND I'LL SHOW YOU A PICTURE IN A SECOND.
UM, WAS TO PULL THE, THE PAVERS BACK, YOU KNOW, MORE FEET HERE AND PUT IN SOME LANDSCAPE.
AFTER I TALKED TO ANTHONY, HE TALKED ABOUT PUTTING IN SOME LANDSCAPING BECAUSE IT'S RIGHT UP AGAINST THE, THE PROPERTY LINE AND, AND ALL THE TREES THAT YOU'LL SEE ARE REALLY THE NEIGHBORS.
UM, SO THIS WOULD, UM, ADD SOME LANDSCAPING TO KIND OF HIDE THE PATIO HERE AND, AND PULL IT BACK.
SO IT'S ACTUALLY PULLED BACK A LITTLE BIT FARTHER HERE.
AND THIS IS THE, THE DECK STAIRS THAT, THAT COME DOWN.
UM, UM, THIS WAS A OLD PICTURE WHEN JEFF FIRST BOUGHT THE PROPERTY.
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RIGHT? IT'S ABOUT 40 SOMETHING YEARS OLD, RIGHT, JEFFREY? RIGHT.AND THIS IS ACTUALLY, UH, LOOKING TOWARDS THE FRONT OF THE HOUSE, BUT HERE THERE'S A TIMBER RETAINING WALL.
AND THIS WAS, THIS WAS EXISTING, IT WAS A, UH, A LIKE A WOOD LOW UH, DECK, AND THERE'S A TIMBER RETAINING WALL THAT RAN ALONG THE SIDE OF THE PROPERTY HERE ALONG THE PROPERTY LINE.
THAT WAS BASICALLY THE, UH, EXCUSE ME, ARE YOU, ARE YOU SHOWING PHOTOGRAPHS? SORRY, CAN YOU NOT SEE IT? NO, NO.
ROBERT, UH, RESHARE, UNSHARE AND RESHARE THE PHOTOS.
THIS IS LOOKING TOWARDS THE FRONT OF THE PROPERTY.
AND THIS IS THE SIDE OF THE PROPERTY OVER HERE AND, UM, TO THE RIGHT OF THE PHOTOGRAPH.
AND THIS IS A, LIKE A LOW, UH, RAILROAD TIE RETAINING WALL THAT RUNS ALONG THE SIDE OF HIS PROPERTY.
AND THIS WAS THE, UM, EXISTING, UH, LIKE LOW WOOD DECK THAT WAS THERE.
SO BASICALLY WHAT HE HAD DONE WAS REPLACE THIS LOW WOOD DECK WITH PAVERS AND PUT IN A NEW STONE RETAINING WALL THAT REPLACED THIS, THIS WOOD RETAINING WALL BECAUSE IT IS A, A PRETTY STEEP SLOPE COMING DOWN.
UM, SO I'M JUST GONNA STOP AND SHARE AGAIN A, A PICTURE OF THE EXISTING, UH, WALL.
SO IF EVERYONE COULD SEE THIS, THIS IS THE EXISTING, THIS IS THE EXISTING PATIO THE WAY IT IS NOW.
AND THIS IS THE NEW LOW, UM, STONE WALL THAT REPLACED THE, UH, THE EXISTING, UH, WALL THAT WAS THERE.
AND THIS IS THE PATIO THAT REPLACED THE WOOD PATIO.
UM, AND IF YOU CAN SEE HERE, THIS IS THE WALL COMING AROUND THE EDGE.
SO OUR UM, NEW CONCEPT WAS TO PULL THIS PATIO BACK, THE PAVERS BACK ABOUT FOUR FEET FROM THE PROPERTY LINE.
SO THEY WOULD BE BACK ABOUT HERE, COMING AROUND, UH, THE SIDE OF THE PROPERTY AND PUT SOME LANDSCAPING IN HERE SO THE WALL WOULD STAY BECAUSE THE EARTH IS REALLY RIGHT UP TO THE TOP OF THE WALL HERE.
YOU CAN SEE ALL THIS PLANTING, WHICH IS REALLY, SOME OF IT'S JEFF'S AND SOME OF IT'S ON HIS NEIGHBOR'S.
UM, SO IT WOULD SORT OF BURY THE WALL IN THE LANDSCAPING, BUT PULL THE PATIO BACK AWAY FROM THE PROPERTY LINE.
UM, AND THIS IS JUST KIND OF THE END OF IT, UH, HERE.
SO IF YOU GO BACK TO THE DRAWING, UH, IF YOU GO BACK TO DRAWING, LET'S SEE.
OKAY, SO THIS IS THE NEW CONCEPT.
SO THIS IS THAT EXISTING STONE WALL WE WERE LOOKING AT HERE.
AND THESE ARE THE PAVERS, WHICH RIGHT NOW COME RIGHT UP TO THE WALL AND EXTEND OUT TO THIS DASH LINE.
WE WOULD PULL 'EM BACK FOUR FEET HERE AND FOUR FEET ALONG THE PROPERTY LINE HERE.
UM, AND SO THIS WOULD NOW BE A PLANTING AREA AND WE COULD FILL IT WITH LANDSCAPING.
THE WALL WOULD STAY, UM, 'CAUSE THE SLOPE IS COMING DOWN RIGHT TO THE TOP OF THIS WALL.
AND THE PAVERS WOULD BE CUT BACK TO HERE SO THEY AT LEAST, YOU KNOW, UM, ACT AS A LANDING TO THE, FOR THE STEPS COMING DOWN.
THIS IS SORT OF AN OVERALL, THE SETBACK WOUND IN THE DECK.
ANY OTHER QUESTIONS FROM THE BOARD? NOW THIS IS THE ONE THAT I FELT WAS GONNA HURT MY HEART TO HAVE THIS DONE.
I THINK THAT'S A GOOD RESOLUTION.
ANYONE IN THE AUDIENCE WANNA ADDRESS THIS APPLICATION? OKAY, TODAY'S A QUIET DAY.
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WE'LL SEE YOU SHORTLY AGAIN.GETTING BACK TO OUR SECOND, UM, NEW CASE OF TODAY, WHICH IS CASE 2101 RICARDO AND ANGEL ESTEVEZ PROPERTY 76 HILLCREST AVENUE, WHITE PLAINS.
DO WE HAVE SOMEONE HERE TO ADDRESS THIS MATTER? YES, I'M ANGELA ESTEVEZ.
UM, I LIVED IN THIS HOUSE FOR 22 YEARS.
I'M APPLYING FOR A VARIANCE FOR AN ABOVE GROUND POOL.
WE ARE SUPPOSED TO HAVE A 15 FOOT SETBACK FROM OUR NEIGHBORS, BUT WHAT WE'RE PROPOSING IS AN EIGHT FOOT SETBACK.
ONE IS WE HAVE A SEPARATE FENCED IN AREA THAT WAS ONCE A DOG RUN.
SO WHAT WE LIKE TO DO IS PUT THE POOL IN THAT ENCLOSED FENCED IN AREA SO THAT IT IS SEPARATE FROM THE BACKYARD.
IN OTHER WORDS, THAT WOULD HAVE A LOCK ON THAT GATE.
AND EVEN IF YOU GOT INTO MY BACKYARD, YOU STILL WOULD NOT BE ABLE TO GET INTO THE POOL AREA.
UM, THE SECOND THING IS, IS THAT IS ALSO WHERE THE DECK IS.
UM, SO WE WOULD LIKE FOR IT TO, YOU KNOW, BASICALLY YOU COULD COME DOWN AND WALK FROM THE DECK INTO, UM, NOT NECESSARILY INTO THE POOL, BUT IT WOULD BE OFF THE DECK SOMEWHERE.
IF YOU COULD SEE FROM THE PICTURES, IT'S NOT VERY CLOSE TO MY NEIGHBOR'S HOUSE.
UM, SO I DON'T THINK THERE'D BE ANY ISSUE THAT IT'S A LITTLE BIT CLOSER TO THE FENCE.
THERE ARE TWO FENCES THERE, UM, BETWEEN MY NEIGHBORS AND MYSELF.
AND, UM, WE PRETTY MUCH, WE, WE GET ALONG WITH ALL OF OUR NEIGHBORS.
SO I, I CAN'T, I DON'T FORESEE ANY ISSUES.
BUT, UM, THAT WAS, THAT'S OUR PROPOSAL.
I DON'T KNOW IF YOU NEED ME TO PUT THE PLANS UP ON THE SCREEN OR ANYTHING.
WELL, WE HAVE THEM UNLESS I'M, I'M JUST TRYING, YOU, YOU MENTIONED TWO FENCES, BUT OBVIOUSLY ONE OF THE FENCES APPARENTLY APPEARS TO BE YOURS AND THE OTHER FENCE APPEARS TO BE YOUR NEIGHBOR'S.
AND WHEN YOU MENTIONED IN CLOSING IT IN THE AREA WHERE WHAT HAD BEEN DESIGNED TO BE A DOG RUN, IS THAT SOMETHING THAT IS FIXED BECAUSE THE FENCE HAS BEEN ERECTED THAT WAY AND THEREFORE YOU SIMPLY WANNA PUT, DROP THE POOL INTO THAT AREA? OR IS IT, OR COULD LET ME FINISH, TURN FENCE, BE MOVED SLIGHTLY, UM, AND STILL HAVE THAT SAME, UH, DIMENSION TO HOLD THE POOL SO THAT IT WOULD NOT BE AS CLOSE TO THE, TO THE, UH, TO THE LINE? THAT'S WHAT I'M ASKING.
SO WHAT WE WOULD HAVE TO DO IS WE WOULD HAVE TO DIG DOWN 'CAUSE THAT FENCE IS CEMENTED INTO THE GROUND.
SO WE WOULD HAVE TO DIG DOWN, DIG OUT ALL THE POSTS FOR THAT FENCE AND DIG UP BASICALLY MOST DIG UP THAT WHOLE
YOU, YOU WERE BREAKING UP A LITTLE, YOU SAID WE WOULD HAVE TO DIG UP THE, THE PULSE I UNDERSTAND, AND THEN SOMETHING ELSE.
THOSE, SO THOSE POSTS ARE, UM, CEMENTED INTO THE GROUNDS.
WE WOULD HAVE TO, WE, IT IS POSSIBLE WE COULD, UM, DIG UP ALL OF THOSE POSTS AND MOVE THE ENTIRE SECTION OF FENCE OVER.
YOU'RE NOT MOVING MORE THAN ONE LINE OF FENCE.
YOU'RE NOT MOVING, IN OTHER WORDS, YOU'RE NOT MOVING, UH, FROM IT.
IT, IT APPEARS TO BE SOMEWHAT OF A, A RECTANGLE.
NOT, NOT EXACTLY, BUT YOU'D ONLY BE MOVING ONE OF THE, UH, AREAS OF THE FENCING, CORRECT? CORRECT.
AND WHAT IS IN THAT OTHER AREA, UM, THAT YOU WOULD PERHAPS YES.
THAT AREA THAT WOULD SOMEHOW BE AFFECTED IF YOU WERE TO MOVE IT OVER SLIGHTLY? UM, THERE'S NOTHING IN THAT AREA AT THIS TIME.
UM, DO YOU HAVE THE, UH, PROPOSAL FOR YOUR, FOR YOUR POLE? SINCE I SEE IT'S AN ABOVE GROUND.
IT SAYS 12 FEET WIDE AND 24 FEET LONG.
HOW DEEP IS IT? IT WOULD BE FOUR FEET DEEP.
AND IS THERE GOING TO BE ANY, UM, DECKING OR ANYTHING THAT WOULD BE GOING AROUND THE POOL TO YOUR KNOWLEDGE? NO.
I DON'T KNOW IF THEY COME, THEY MAY OFFER SOME SORT OF FENCING AT THE TOP OF THE POOL.
I JUST HAVEN'T LOOKED INTO THAT YET.
ANYONE ELSE HAVE ANY QUESTIONS?
[00:35:01]
NO.SO, UM, NO, YOU, YOU TOUCHED ON THE ONE ITEM THAT I WAS GOING TO DISCUSS AS WELL.
UH, I GUESS THE LAST QUESTION I WOULD HAVE, WHAT ROUGHLY IF YOU KNOW, IS THE LENGTH OF THAT AREA OF FENCE THAT YOU WOULD, WOULD MOVE IN ORDER TO SHIFT THE PULL OVER SOME? HMM.
THAT, I'M NOT SURE HOW LONG THAT FENCE IS.
IT LOOKS LIKE IT'S PROBABLY, I'M SORRY.
I WAS SAY BETWEEN 40 AND 40, SOMEWHERE AROUND THERE.
I'M GUESSING I YOU'LL CUT OFF AGAIN.
HOW MANY FEET YOU'RE GUESSING? UH, I'M GUESSING SOMEWHERE BETWEEN 15 AND 20 FEET.
AND MA'AM, I'M SORRY TO CUT IN.
I, I, YOU KNOW, AND AGAIN, THIS IS BY I, BUT, UM, I ESTIMATE THAT THIS FENCE HERE, IF THAT'S WHAT YOU'RE REFERRING TO, I WOULD PUT IT AT ROUGHLY BETWEEN 40 AND 50 FEET, ACTUALLY.
AND THAT'S A QUESTION
I JUST SCALED IT WITH MY OKAY.
UM, WOULD THAT, WHEN, WHEN WE SAID 40, WHEN I HEARD 40 FEET, WOULD THAT TAKE IT ALL THE WAY TO, UH, THE HOUSE OR WOULD IT TO TO THE DECK OR TO THE, JUST TO THE DECK.
UH, IS THERE ANY WAY WE CAN COUNT THE NUMBER OF THOSE POLLS FROM THE PICTURES TO SEE HOW MANY THERE ARE? UM, OR HOW, HOW FAR APART THEY ARE? WE DO SEE THEM, BUT I CAN'T TELL VISUALLY.
TYPICALLY THEY SHOULD BE LIKE EIGHT FEET APART, SO THERE MIGHT BE ABOUT FIVE POSTS.
BUT I'M JUST GUESSING OR JUST ESTIMATING.
I DON'T HAVE ANY OTHER QUESTIONS.
UH, HOW DID YOU ARRIVE AT SELECTING THIS SIZE, UH, POOL? WHAT WENT INTO YOUR THOUGHT PROCESSES AS OPPOSED TO ONE THAT ISN'T AS LARGE OR EVEN LARGER? THIS CASE SPAGO? UM, WELL, WHEN I WAS YOUNGER, GROWING UP IN LONG ISLAND, I HAD THIS EXACT SIZE POOL.
UM, SO THAT'S KIND OF WHAT I WAS BASING IT ON.
WE DID LOOK AT SMALLER ROUND POOLS, BUT I WOULD STILL BE IN THE SAME BOAT THAT I'M IN NOW.
IF I WENT FOR A SMALLER ROUND POOL, I'M STILL GONNA NEED A VARIANCE TO GET TO, TO THE NEIGHBORS, UM, ON ONE SIDE OF ME ON ONE SIDE.
UM, JUST A CONCERN THAT I'VE, IN MY OWN LIFE CONFRONTED, YOU KNOW, WHEN THERE'S A POOL, THERE'S PEOPLE IN THE POOL AND THE KIDS IN THE POOL, THERE'S A LOT OF NOISE COMING FROM THAT POOL NOW, LET'S FACE IT.
AND I'M ASSUMING IF YOU HAVE KIDS, THEY'RE GONNA BE IN THE POOL.
SO, UM, MY CONCERN IS YOU SAID THAT YOU DON'T THINK THE NEIGHBORS HAVE ANY OBJECTION.
I MEAN, I COULD TALK TO THE STERS NEXT DOOR.
I, I MEAN, THEIR GRANDKIDS COME OVER LIKE, YOU KNOW, THEY'RE, THEY'RE PLAYING IN THE BACKYARD.
WE'VE NEVER, EVER HAD A PROBLEM WITH EITHER SIDE.
AND THE PEOPLE BEHIND ME ALSO HAVE CHILDREN TOO.
I MEAN, I DON'T, LIKE, OUR NEIGHBORS ARE JUST, THEY'RE SO SWEET.
I'VE NEVER, WE'VE NEVER HAD ANY ISSUES AT ALL.
LIKE, NO, I'VE, WITH ALL DUE RESPECT, I'VE SEEN SWEET NEIGHBORS UNTIL SOMETHING HAPPENS, THEY'RE NOT SO SWEET ANYMORE.
OR, OR, OR UNTIL YOU GET NEW NEIGHBORS,
UM, WHAT IS ON THE OTHER SIDE OF THE FENCE? IS IT GRASS AREA? IS IT PLAYGROUND EQUIPMENT? WHAT'S ON YOUR NEIGHBOR'S PROPERTY? WHAT'S THERE? THERE'S A PLAYGROUND THERE.
I WOULD BE CONCERNED ABOUT THAT.
IF A KID WOULD GO TO SWING EIGHT FEET IS NOT REALLY FOR SAFETY REASONS THAT FAR, YOU KNOW, OR TRYING TO JUMP OFF AND DIVE INTO THAT.
SO THAT WOULD BE A CONCERN, AN ADDITIONAL CONCERN I WOULD HAVE.
I COULD FIND OUT HOW FAR THEY'RE, UM, BECAUSE, BECAUSE I SAW ONE PICTURE WHERE IT LOOKS LIKE THERE WAS A PLAYGROUND, LIKE RIGHT UP AGAINST THE FENCE.
I DIDN'T KNOW IF THAT WAS YOUR PROPERTY OR THEIR PROPERTY.
IT'S NOT UP AGAINST THE FENCE, BUT IT IS, UM, RELATIVELY CLOSE TO THE FENCE.
UM, BUT YEAH, IT'S NOT UP AGAINST THE FENCE, BUT IT'S CLOSE TO THE FENCE.
THERE WOULD BE NO WAY THAT THEY COULD SWING FROM THERE, UM, TO GET ANSWER, LEMME SEE IF I CAN FLIP THE SCREEN OUT.
SEE, THERE WOULD BE NO WAY THAT THEY COULD GET, THEY COULD SWING AND GET INTO, UM, INTO LIKE THE POOL.
[00:40:01]
HIGH, THERE WOULD BE NO WAY FOR THEM TO FLIP THAT OVER THOSE TWO FENCES.I THINK IT WOULD BE REALLY GREAT TO GET, UM, THEIR OPINION AND HEAR WHAT YOUR NEIGHBORS WOULD HAVE TO SAY.
WOULD YOU LIKE ME TO, UM, LIKE WALK OVER AND GET A NOTE FROM THEM? OR HOW WOULD BE THE BEST WAY TO GO ABOUT IT? WELL, I THINK THAT, YOU KNOW, A NOTE FROM THEM WOULD BE FINE.
AS FAR AS I'M CONCERNED AT MY FIRST MEETING, WHATEVER THE CHAIRPERSON SAYS, I DON'T KNOW HOW THEY DO IT, YOU KNOW.
I, I WAS, I WAS ACTUALLY HOLDING BACK ON THIS, BUT, UM, CAN YOU EXPLAIN AGAIN FOR ME THE RATIONALE FOR PUTTING THE POOL IN THE AREA THAT USED TO BE THE DOG RUN AND NOT PUTTING IT ON THE OTHER SIDE OF THE FENCE WHERE YOU HAVE A WHOLE LOT MORE ROOM TO WORK WITH AND, UM, TO ME IT SEEMS LIKE THE PLACEMENT OF THAT POOL LOOKS VERY, UM, RESTRICTED.
UH, USUALLY IF YOU HAVE A POOL, THERE'S GONNA BE A LOT OF ACTIVITY AROUND IT.
YOU'RE GONNA HAVE, UH, MAYBE A PUMP AND SOME OTHER STUFF THAT GOES WITH IT.
UM, I DO LIKE THE FACT THAT YOU HAVE IT SO THAT YOU COME OFF THE WOOD DECK AND THE POOL IS, YOU KNOW, NEARBY, UH, WHICH COULD KEEP YOUR CHILDREN PROBABLY CLOSE AT HAND TO SOME EXTENT, BUT IF THE POOL WERE ON THE OTHER SIDE OF THE FENCE WITH THE GATE, YOU COULD STILL KEEP IT CLOSE TO THE HOUSE AND STILL HAVE, UM, THE ABILITY TO OBSERVE ACTIVITIES GOING ON IN THE POOL AND JUST HAVE A WHOLE LOT MORE ROOM TO, UH, WORK AND PLAY AROUND THE, THE SWIMMING POOL.
AND THEN YOU WOULDN'T HAVE A NEED FOR ANY VARIANCE WHATSOEVER.
AND YOU WOULDN'T EVEN NEED TO MOVE THE EXISTING FENCE WITH THE GATE? NO, WE WOULD HAVE, YEAH, WE WOULD HAVE TO MOVE IT.
I THINK, UM, THE DECK COMES DOWN AND THEN THERE'S A FENCE THERE, AND THEN THERE'S A PATIO ON THE OTHER SIDE, SO WE'D HAVE TO MOVE IT, THE PATIO STICKS OUT, SO WE'D HAVE TO MOVE IT, UM, AFTER THE PATIO.
I STILL, I THINK WE HAVE ENOUGH ROOM TO PUT IT THERE AND THEN NOT HAVE A VARIANCE TO THE NEIGHBORS.
I WOULD JUST HAVE TO DOUBLE CHECK THAT.
UM, BUT WE WERE TRYING NOT TO TAKE THE FENCE DOWN THE, THAT FENCE, BUT I MEAN, IF IT, YOU KNOW, THERE'S, IF WE CAN'T GET A VARIANCE, I GUESS WE HAVE TO TAKE THE FENCE DOWN AND WE WOULDN'T PUT IT ON THE OTHER SIDE BECAUSE THE, THE PATIO WOULD STICK OUT INTO THE POOL.
I WOULD PROBABLY THINK THAT THERE WOULD BE A WAY TO INCORPORATE THE PATIO AND THE POOL TOGETHER WITHOUT HAVING TO MOVE THE PATIO AND JUST MAKE IT ALL, UH, COALESCE IT ALL INTO ONE NICE, UM, ACTIVITY AREA.
I KNOW
SO TO TAKE THE FENCE DOWN AND THEN PUT IT IN THAT AREA.
WE TRIED, WE, WE TRIED DIFFERENT AREAS OF THE, OF THE PROPERTY THAT WE ALSO HAVE A SWING SET ON THE OTHER SIDE.
SO WE WERE TRYING TO, UM, LOOK LIKE, PUT IT IN DIFFERENT PLACES.
WHAT IF WE PUT IT HERE, WHAT IF WE PUT IT THERE? UM, BUT THAT WAS PROBABLY THE EASIEST PLACE FOR US COMING OFF THE DECK.
PLUS HAVING THE DOUBLE FENCE SO THAT, UM, IF THE DOGS GO OUT OR IF CHILDREN ARE IN OUR YARD, WE CAN DEFINITELY KEEP THEM OUT OF THAT AREA.
UM, I UNDERSTAND THE RATIONALE.
ANY OTHER QUESTIONS FROM ANYONE? I HAVE, UH, ANTHONY, HOW YOU DOING, ANTHONY? GOOD LAST.
UM, JUST EDUCATE ME WHEN YOU DO IT ABOVE GROUND POOL, ARE THERE ANY REGULATIONS AS TO SAFETY? USUALLY WITH A FOUR FOOT ABOVE GROUND POOL, THE WALL OF THE POOL IS USUALLY THE BARRIER.
IF IT'S FOUR FEET, SO THE, THE LADDER THAT GOES INTO THE POOL JUST HAS TO LOCK UP OR BE REMOVED.
SO THERE'S, THERE'S
IF, IF THE POOL IS IN GROUND, OR IF THAT FOUR FOOT POOL IS PARTIALLY BURIED AND YOU DON'T HAVE A FOUR FOOT BARRIER, THEN YOU WOULD HAVE TO HAVE THE FENCE AROUND IT.
BUT THERE'S NO FENCE REQUIRED FOR THIS POOL.
I DON'T HAVE ALL THE FULL DETAILS OF THE POOL TO MAKE SURE, BUT IF THE POOL IS, THE WALLS OF THE POOL ARE FOUR FEET OUT OF GRADE LADDER TO THE POOL, THE STAIR OF THE POOL IS REMOVABLE OR COULD BE LOCKED OUT, THEN THERE IS NO NEED FOR A BARRIER AROUND IT OTHER THAN THE POOL ITSELF.
[00:45:05]
ANY OTHER QUESTIONS? THAT WAS A GOOD QUESTION.IS THERE ANYONE IN THE AUDIENCE WHO HAS ANY COMMENTS ON THIS MATTER WHATSOEVER? YES.
UM, UH, MY NAME IS, UH, BISHOP WILBERT PRESTON.
UM, I'M THE PASTOR OF CHRIST TEMPLE CHURCH IN GREENBURG ON OFF, RIGHT OFF OF MANHATTAN AVENUE ON OAK STREET.
I, UM, I'M ALSO THE, UM, CHAIRPERSON OF THE GREENBURG HOUSING, UH, AUTHORITY.
AND I'M THE, UH, UH, THE CHAPLAIN FOR THE GREENBURG POLICE DEPARTMENT.
AND I, I JUST GOT TOO MANY HATS.
UM, I, I LIVE, UH, UH, ACROSS THE STREET FROM ANGELA.
AND, UM, WE'VE BEEN THERE APPROXIMATELY THE SAME AMOUNT OF TIME.
AS A MATTER OF FACT, I LOOKED AT, UH, MY WIFE AND I LOOKED AT THAT HOUSE BEFORE ANGELA BOUGHT IT, BEFORE WE BOUGHT THE ONE ACROSS THE STREET.
AND, UH, AND WE GOT A LITTLE BIT JEALOUS BECAUSE WE, OF WHAT ANGELA DID TO THE HOUSE, WE SAID WE COULD'VE DID THAT, BUT, YOU KNOW, BUT WE BOUGHT THE STREET ACROSS, UH,
BUT, UH, TO, TO, UM, UH, SPEAK FOR THE COMMUNITY, I, I, I FEEL PRETTY, PRETTY SURE, UH, ALMOST A HUNDRED PERCENT SURE THAT THE NEIGHBORS WOULD HAVE NO OBJECTIONS, UH, TO, UH, GRANTING THE VARIANCE FOR THIS POOL.
WE LIVE IN A VERY QUIET, UH, NEIGHBORHOOD.
I DON'T KNOW IF, UH, YOU ARE FAMILIAR WITH THE, UH, HILLCREST, UH, AREA AND, UH, THE HOUSING, THE HOUSES ARE NOT CLOSE TOGETHER.
WE HAVE, UH, PRETTY SPACIOUS YARDS ON ALL SIDES.
AND, UM, AND I, I'M ONE OF THE FEW HOUSES THAT DON'T HAVE A FENCE AROUND MY HOUSE.
UH, AND, AND, BUT THE OTHER HOUSES, UM, ACROSS FROM ME, UH, FROM ONE CORNER TO THE OTHER, ALL THREE OF THOSE HOUSES HAVE FENCES.
SO IT, IT'S, UH, IT'S VERY, UH, SAFELY LAID OUT AND VERY PROTECTED.
UM, AND, AND AS A MATTER OF FACT, THE HOUSE ON THE, UH, ON THE RIGHT HAND SIDE FACING ANGELA'S HOUSE, UH, WE HAVE NEW NEIGHBORS THAT BOUGHT THAT HOUSE, AND THEY JUST REPLACED THE WHOLE FENCE WITH NEW FENCING THAT'S HIGHER THAN THE FENCING THAT WAS THERE BEFORE.
UH, SO IT, IT'S REALLY, REALLY, UH, A SAFE AREA.
IT'S VERY QUIET AREA THAT, UH, WE DON'T GET A LOT OF, UM, TRAFFIC.
UM, UH, OUR NEIGHBORS GET ALONG, UM, VERY WELL.
WE, WE, UH, I, I'M, I'M JUST, UH, I FORGOT TO ASK ANGELA WHAT WE GOING TO DO ABOUT OUR BARBECUE AREA IF SHE PUT A POOL IN? SO I GUESS WE HAVE TO, UH,
UM, ANGELA IS, UM, IS MY DAUGHTER.
I ADOPTED HER, UH,
THEN SHE WENT AND GOT MARRIED AGAIN, AND THEN I HAD TO ADOPT HER HUSBAND.
BUT WE ARE VERY FRIENDLY WHEN I GO OUT OF TOWN.
UH, SHE'S THE MAIN PERSON THAT GET MY MAIL AND ALL THAT KINDA STUFF.
AND I DO THIS, UH, SAME THING FOR HER.
AND THAT'S THE KIND OF COM COMMUNITY WE LIVE IN WITH ABOUT, WITH ABOUT SIX OR EIGHT HOUSES IN THE GENERAL VICINITY.
SO IT'S, IT'S A VERY, UH, UH, UH, OBSERVED AREA.
PEOPLE LOOK OUT FOR EACH OTHER.
UM, WE'VE HAD, WE BABYSIT ANGELA'S KIDS AND SHE BABYSIT OUR DAUGHTER, OUR DAUGHTER AND HER, THEY CALL EACH OTHER SISTER AND, YOU KNOW, AND IT'S JUST A GREAT, UH, GREAT RELATIONSHIP.
AND I WOULDN'T WANNA LIVE ANYPLACE ELSE IN GREENBURG EXCEPT WHERE I AM IN FRONT OF ANGELA AND A HUSBAND.
AND, AND SO IF YOU COULD WORK WITH HER AND, AND GRANT THIS VARIANCE, I THINK IT WOULD NOT ONLY BE A BENEFIT TO ANGELA, BUT IT'D BE PRISTINE FOR OUR COMMUNITY TO HAVE APPROVED IN OUR COMMUNITY THAT WE CAN HAVE ALL OF OUR PARTIES AT ANGELA'S HOUSE.
THAT WAS AN EXCELLENT SELF-SERVING PRESENTATION.
SO WHEN WE WERE TALKING ABOUT THE POOL, THE WALL OF THE POOL IS 52 INCHES TALL.
I JUST WANT, I JUST DON'T WANT ANYONE TO WRITE DOWN THE 48, THE WALL.
I GUESS THAT'S BECAUSE THEY NEED IT TALLER THAN THE WATER.
SO I, IN CASE ANYONE WAS WRITING THINGS DOWN.
[00:50:02]
ANY OTHER COMMENTS? NOW WOULD BE THE TIME.TONIGHT IS CASE 2102, WHICH I HAD IN MY HAND.
WHAT DID I DO WITH IT? UM, EVA, AND IS IT W WTA 200 OLD ARMY ROAD.
UM, AND, UM, I WILL SHARE WITH YOU ALSO A BIT OF A PERSONAL STORY TO EXPLAIN WHY I AM WITH YOU TODAY AND WHAT I'M ASKING FOR.
UM, I HAVE ARRIVED TO US IN 2013.
I ARRIVED TOGETHER WITH MY FRENCH HUSBAND AND TWO DAUGHTERS.
UH, I FELL IN LOVE WITH EDGEMONT.
UM, MY, MY KIDS GO TO EDGEMONT, UH, SCHOOL DISTRICT.
UM, IN 2016, I BOUGHT A HOUSE IN WHICH I AM, UH, NOW I'M GOING TO SHARE MY SCREEN AND SHOW YOU HOW THE HOUSE LOOKED AT THE TIME I BOUGHT IT.
UM, CAN YOU SEE MY SCREEN? YES.
AND AS YOU CAN SEE, THERE WAS A CIRCULAR DRIVEWAY IN FRONT OF THE HOUSE.
UM, AND THIS IS HOW THE PROPERTY LOOKED LIKE WITH THE CIRCULAR DRIVEWAY, UM, IN FRONT OF IT.
AND DURING THE FIRST YEAR FROM 2016 AND 17, WE DID A BIG REFURBISHMENT ON THE PROPERTY, WHICH INCLUDED THE HOUSE AND INCLUDED THE FRONT YARD AND CHANGE OF THE DRIVEWAY.
AND, UM, YOU KNOW, I WAS WORKING FULL-TIME.
HE WAS MORE LIKE FOCUSING ON, ON THE PROJECT.
UM, I THINK WE MADE A MISTAKE.
I KNOW THAT WE MADE A MISTAKE.
WE DEFINITELY HAD ALL THE PERMITS FOR MOVING THE WORK WITH THE HOUSE, BUT WE DIDN'T GET A PERMIT TO CHANGE THE DRIVEWAY.
AND, UM, I BELIEVE WE DIDN'T ASK FOR IT BECAUSE WE WERE SURE THAT IF WE DON'T CHANGE THE CARP SITE, LIKE DON'T CHANGE THOSE TWO ELEMENTS, UM, WHICH ARE ON THE GREENWOOD PROPERTY THAT WE DON'T NEED TO ASK FOR THE PERMIT.
AND THEN WE GOT IN, UM, 2018, UM, THE LETTER THAT WE NEED TO OBVIOUSLY, UM, ASK FOR THE PERMIT.
WE PROVIDED SOME INFORMATION, AND THEN IN MAY, 2000, SORRY, IN MARCH, 2018, WE GOT THE DENIAL OF THAT PERMIT.
I'M GOING BEFORE, I'M GOING TO CONTINUE MY STORY.
I'M GOING TO SHOW YOU HOW THE PROPERTY LOOKS LIKE NOW.
UM, SO INSTEAD OF THIS CIRCULAR DRIVEWAY, I HAVE TWO PARKING SPOTS.
ONE HERE ON THE LEFT SIDE OF THE PROPERTY, WHICH IS, UM, SOUTH PART OF THE PROPERTY, WHICH IS ACTUALLY ON, UH, BORDERLINE WITH MY NEIGHBORS.
AND THEN ON THE NORTH SIDE, UH, THAT DRIVEWAY IS 7.8 FEET APART FROM THE, UM, PROPERTY LINE WITH THE NEIGHBORS, THERE WERE MANY BENEFITS LINKED TO THIS CHANGE.
UH, FIRST OF ALL, WE HAD THREE CARS.
WE COULDN'T, LIKE, WE HAD THREE CARS IN A CIRCULAR DRIVEWAY.
WHEN YOU CANNOT FEED TWO CARS NEXT TO EACH OTHER, IT'S IMPOSSIBLE TO MANEUVER EASILY.
UM, THAT PREVIOUS DRIVEWAY, WHEN YOU LOOK AT IT, IT WAS REALLY, IT WOULD PARK THE CAR IN FRONT OF THE WINDOWS OF A DINING ROOM.
UM, THE WHOLE AESTHETICS WERE, WERE, WERE NOT THERE.
THE TRAFFIC, UM, IS VERY HEAVY ON THE OLD ARMY ROAD BECAUSE IT'S IN THE PROXIMITY TO THE SCHOOL.
SO IT'S IMPOSSIBLE TO PARK HERE EASILY OR GO IN OR GO OUT.
SO THERE WERE REALLY MANY BENEFITS RELATED TO CHANGE OF THE DRIVEWAY IN FRONT OF THE HOUSE.
SO BACK IN 2018, WE GOT A DENIAL, UH, FROM A TOWN OF GREENBURG.
AND, UM, UNFORTUNATELY WE DIDN'T FOLLOW UP IMMEDIATELY, UM, BECAUSE, UH, THERE WAS A TIME THAT I WAS DIVORCING MY HUSBAND.
AND, UM, SO WE REALLY, I REALLY DIDN'T THINK ABOUT THAT.
UM, SO NOW, YOU KNOW, THE YEAR OF PANDEMIC, I SPENT TIME AT HOME.
MY HUSBAND IS NOT HERE, AND EX-HUSBAND IS NOT HERE, HE'S BACK IN EUROPE.
AND I FOUND THAT, UH, DOCUMENT AND I, UH, CONTACTED WITH MY, UH, LANDSCAPE DESIGNER, UH, HOW WE CAN SOLVE IT.
SO THEN STARTING FROM NOVEMBER LAST YEAR, WE ARE IN, UH, LIKE ACTIVELY TRYING
[00:55:01]
TO LEGALIZE THAT WORK THAT WE HAVE DONE A FEW YEARS BACK.SO WHAT I CAN ALSO SAY IN TERMS OF LIKE, AND, AND YOU HAVE ALL THE PACKET WITH ALL THE INFORMATION, LIKE, UH, ANSWERING THE QUESTION IN TERMS OF DOES IT FIT THE ENVIRONMENT? I CAN ACTUALLY SHOW YOU HOW IT LOOKS.
UH, ALL MY NEIGHBORS, SIX OF THEM AROUND MY PROPERTY HAS WRITTEN, UH, THE CONSENT AND SAYING THAT THEY ABSOLUTELY HAVE NO CONCERNS ABOUT THE WORK THAT I HAVE DONE BACK IN 2017.
UM, ACTUALLY I HEARD A LOT OF SUPER POSITIVE, UM, COMMENTS FROM DIRECT NEIGHBORS AND OTHER PEOPLE WHO ARE PASSING BY BECAUSE IT IS JUST ADDING, UH, TO THE NEIGHBORHOOD.
SOME PEOPLE ARE SAYING THAT THIS IS A SECOND GREENBERG NATURE CENTER
SO I AM ACTUALLY SUPER PROUD OF WHAT WE HAVE DONE, APART FROM THE FACT THAT WE DIDN'T FOLLOW THE RULES AS WE SHOULD HAVE, UM, IMMEDIATELY WHEN WE'RE DOING THAT.
UM, ANOTHER THING WHICH, UH, THIS, UM, AND I DON'T KNOW IF IT IS IMPORTANT, BUT IT IS ALSO HELPING THE COMMUNITY IN A WAY THAT, UH, YOU KNOW, WE HAVE HAVE A TRAFFIC MANAGER FOR THE SCHOOL TRAFFIC WHO CAN PARK IN ONE OF MY PARKING SPOTS.
SO IT IS REALLY NO CONCERNS, UH, WHATSOEVER FROM NEITHER ENVIRONMENTAL PERSPECTIVE NEIGHBORHOOD LOOK AND FEEL.
UM, AND THE ALL NEIGHBORS ARE AGREEING WITH THE WORK WE HAVE DONE.
I DON'T KNOW IF YOU HAVE MORE QUESTIONS TO MY STORY.
YOU DON'T HAVE, UH, AN OVERLAY WHERE WE COULD COMPARE WHAT WAS THERE BEFORE WITH WHAT YOU HAVE THERE NOW, OTHER THAN BY SHOWING US THE NO, I HAVE JUST THOSE TWO DOCUMENTS.
WHICH IS THE ALT SURVEY AND SURVEY.
I, I HAVE SOME QUESTIONS, OF COURSE.
THAT IS A HEAVILY TRAVELED ROAD, VERY HEAVILY TRAVELED.
AND MY QUESTION IS THIS, HOW MANY CARS IN THE FAMILY NOW? MAY I ASK? YEAH, ABSOLUTELY.
SO NOW WE HAVE TWO, AND SOON WE'LL HAVE ONE BECAUSE MY DAUGHTERS ARE FIRST IS IN COLLEGE, AND SECOND ONE WILL BE IN COLLEGE NEXT YEAR.
SO WE HAVE ONE PART THAT WE OCCUPYING.
SO ONE, THE OTHER ONE IS FREE AND OPEN FOR THE TRAFFIC MANAGER TO PARK HER CAR, OR POLICE OFFICER ARE PARKING THE CAR THERE AS WELL.
BUT, UM, WHEN YOU HAD THE CIRCULAR DRIVEWAY, I ASSUME WHEN YOU CAME OUT THE DRIVEWAY, THE FRONT OF THE CAR HIT
BUT IF I WANTED TO GO WITH A THIRD CAR, THEN IT WAS IMPOSSIBLE BECAUSE IT WAS NOT WIDE ENOUGH TO HAVE TWO OF THEM.
AND NOT EVEN MENTIONING WHAT I NEED TO DO IF I WOULD LIKE TO GO WITH A MIDDLE CAR.
THAT'S THE WHOLE LIKE LOGISTIC PROBLEM.
UH, SO YOU WILL BE BACKING THE CARS ONTO OLD ARMY ROAD TO GET OUT OF YOUR DRIVEWAY? EITHER THAT OR I PARK, I ACTUALLY USUALLY PARK IN A WAY THAT I PARK BACK BACKWARDS.
SO WHEN I GO BACK, YOU BACK IN, YOU GO OUT.
BUT THAT REQUIRES FORCING THE ROAD AND BACK IN.
WE ARE, WE ARE USED TO IT NOW.
UM, ARE YOU FINISHED? CAN I GO? OH, I'M FINISHED.
UM, MY, MY ONLY, UM, ISSUE REALLY IS WITH THE, I GUESS THE DRIVEWAY ON THE SOUTH SIDE.
UM, BECAUSE I KNOW YOU SAID THAT THE TRAFFIC, UM, CROSS GUARD PARKS THERE, WHICH IS NICE OF YOU.
UM, BUT LIKE THAT CROSSWALK TO, UM, THE SEALY, THE ELEMENTARY SCHOOL THAT'S OVER THERE, THAT CROSSWALK LITERALLY LEADS RIGHT INTO YOUR DRIVEWAY, WHICH LIKE TO ME IS A REAL, UM, PEDESTRIAN, UH, VEHICULAR CONFLICT.
UM, BECAUSE I, I, I LIVE IN EDGEMONT AND I KNOW THAT INTERSECTION AND IT'S A REALLY BUSY INTERSECTION, ESPECIALLY IN THE MORNINGS AND AT THREE.
AND I WOULD NOT WANNA BE BA BACKING OUT A CAR OR YOU KNOW, WHEN THERE'S ALL THOSE KIDS THERE, THERE.
SO TWO ANSWERS TO THAT, IF I MAY.
DID YOU OR WOULD YOU LIKE TO SORRY, I THOUGHT YOU GO AHEAD.
SO FIRST OF ALL, I ACTUALLY USE THE OTHER PLACE FOR MY, LIKE WITH MY TWO CARS.
[01:00:01]
YOU CAN SEEDS WHENEVER YOU ARE THERE.AND THE, THE SECOND ANSWER I HAVE TO THAT I REALLY DIDN'T CHANGE THAT CARP SIDE, LIKE THAT IS THE PLACE WHERE IT WAS, WE BOUGHT THE HOUSE LIKE, LIKE THAT WE DIDN'T TOUCH IT.
AND THAT WAS THE WHOLE CONFUSION WHY WE DIDN'T ASK FOR.
SO SOMEBODY'S CALLING ME WHY, UH, MA'AM, YOU DID, DID SOMETHING WITH YOUR, UH, YOU'RE NOT ON MUTE, BUT YOU AUDIO IS NO LONGER OCCURRING.
SORRY, CAN YOU HEAR ME NOW? SORRY, I DON'T KNOW WHEN YOU LOST ME.
UM, SO I, I WAS SAYING THAT I DON'T USE THAT SPACE, WHICH IS CLOSER TO THE SOUTH, AND SECONDLY, I DIDN'T REALLY CHANGE THE CARB SITE.
SO THAT WAS EXACTLY IN THE SAME WAY, UH, WHEN WE BOUGHT THE PROPERTY.
I MEAN, I DON'T, I DON'T KNOW WHAT THE SOLUTION IS.
SO I, I CAN, AGAIN, I CAN SHARE THE SCREEN AGAIN.
SO WHEN YOU SEE HERE THAT THIS IS HOW WE BOUGHT IT, IT'S EXACTLY ON THE SOUTH SIDE EXACTLY.
IN THE SAME PLACE AS IT IS TODAY, RIGHT? SO WE DIDN'T CHANGE ANY OF THE ENTRANCE.
UM, DID I READ IN THE PACKET THAT THE CIRCULAR DRIVEWAY WAS DONE WITHOUT PERMITS ALSO? SO THAT A, APPARENTLY WE DISCOVERED WHY WE WERE ASKING, UM, YOU FOR SUPPORT IN THAT CASE.
WE DISCOVERED THAT SOMEONE BETWEEN TWO THOU, I DON'T KNOW, 1950 AND 2009, UH, DIDN'T ASK FOR PERMIT FOR, FOR MAKING THAT CHANGE.
BUT WE DIDN'T KNOW THAT WHEN WE BOUGHT THE PROPERTY.
DO WE KNOW WHAT THE ORIGINAL DRIVEWAY WHERE IT WAS? WE, WE DO.
GARRETT, COULD YOU SHARE THAT SURVEY I GAVE YOU, PLEASE? THANK YOU.
OH, SORRY, I WAS ON MUTE THERE.
SO THAT WOULD BE IDEALLY WHAT I WOULD WANNA SEE
A AGAIN, I, I DON'T REALLY USE THAT OTHER DRIVEWAY, SO IT IS REALLY AN EMERGENCY USAGE OR MY PUBLIC SERVICE TO THE COMMUNITY.
I DON'T HAVE ANY QUESTIONS BASED ON THAT.
YOU HAVE ANY QUESTIONS? IS THAT WHAT, WHAT WE JUST SAW ON THE DIAGRAM? THAT WOULD BE THE DRIVEWAY, WHICH WOULD BE LEGAL.
AM I RIGHT WITHOUT ANY VARIANCE? CORRECT.
WELL, WELL THAT WAS THE ORIGINAL.
YOU COULD HAVE EVEN MORE OF A DRIVEWAY THAT MAY BE LEGAL THAN WHAT WAS, THAN WHAT WAS SHOWN.
BUT THAT WAS THE ORIGINAL THAT WAS SHOWN WITH THE HOUSE.
AND I DON'T, I DON'T HAVE A PROBLEM WITH THE OTHER DRIVEWAY.
I MEAN, IF, EVEN IF THAT NEEDED A VARIANCE, I DON'T HAVE A PROBLEM WITH RENTING A VARIANCE, YOU KNOW, IF THAT DRIVEWAY WAS WIDER THAN IT, THAN IT'S SUPPOSED TO BE.
BUT IT'S STILL IN THE SAME PLACEMENT AS ONE OF THE YEAH.
'CAUSE NOW IT'S ESSENTIALLY TWO DRIVEWAYS, CORRECT? YES.
AND SO IS THE DRIVEWAY ON THE SOUTH SIDE, IF I'M, UH, CONFIRMING WHAT YOU'RE SAYING IS THAT YOU RARELY USED AND IT'S THERE MORE FOR THE, UH, CROSSING GUARDS PARKING AREA DURING THE MORNINGS AND AFTERNOONS.
UM, WHICH IS REALLY, REALLY NICE OF YOU.
BUT UM, THAT DRIVEWAY THEN IS THE ONE THAT IS WHAT, SEVEN AND 7.8 FEET? NO, CONTINUE TO, I THINK THAT WOULD, THAT ONE IS ZERO FEET, ZERO.
[01:05:01]
AGAIN, SUBMITTED THE CONSENT.THEY HAVE NO PROBLEM WITH HOW THE DRIVER LOOKS LIKE, UH, WHAT IS HAPPENING IS THAT THERE IS A NATURAL LINE OF BUSHES, WHICH IS FEATHER FROM THE PROPERTY LINE INTO THE PROPERTY.
SO WHEN YOU PASS BY THAT PROPERTY, YOU BELIEVE THAT THE PROPERTY LINE IS FEATHER BECAUSE OF THOSE BUSHES.
UM, BUT, BUT FACTUALLY IT'S NOT, THOSE BUSHES ARE NOT YOURS.
IN OTHER WORDS, THEY, THOSE BUSHES ARE NOT YOURS.
SO WHERE CAN I SEE IT? UM, IF, IF YOU COULD PUT UP THE, UH, SURVEY THAT WE HAVE THE FINAL AS BUILT THAT WAS PREPARED FOR THEM, THAT MIGHT BE HELPFUL.
I THINK THAT PICTURE WAS, I COULD, I COULD EXPLAIN ON THE PICTURE AS WELL.
YOU'RE ON MUTE, MR. OH, SORRY.
WOULD YOU LIKE ME TO BRING BACK WHAT I JUST HAD THERE? YES.
AND ZOOM IN AND ZOOM INTO THAT AREA PLEASE.
YEAH, IF YOU CAN JUST MOVE UP SO WE CAN SEE THE SOUTH.
SO BEHIND THE PROPERTY LINE, THERE IS STILL SPACE AND THEN THERE IS A LINE OF BUSHES BETWEEN THESE.
YOU SEE THE LIKE DARKER, UM, COLOR BELOW THE PROPERTY LINE, WHICH SAYS 1, 3 3.
SO THERE IS PROBABLY LIKE THREE, FOUR FEET AND THEN THERE IS A BUSH AND THEN THERE IS STILL, UM, THE TERRITORY.
SO IT'S NOT THAT WE ARE VERY PACKED WITH EACH OTHER.
AND, AND ACTUALLY FROM THEIR PERSPECTIVE NOW, THEY HAVE MUCH NICER LOOK AND, UH, THEY PROPERTY AT OBVIOUSLY, I BELIEVE EVERYBODY'S PROPERTY GAINED VALUE THANKS TO HOW IT LOOKS IN THE NEIGHBORHOOD.
GARRETT, MAYBE YOU COULD DROP DOWN A STREETSCAPE VIEW.
IT'LL PROBABLY HELP THE MEMBERS OF THE BOARD IF THEY SEE IT.
IT'S JUST NOT, WHY IS IT NOT WORKING? EAGLEVIEW NO STREET.
FOR SOME REASON THE FUNCTION'S NOT WORKING RIGHT NOW.
YOU CAN GIVE YOU, I'LL, I'LL TRY AND GET IT.
BUT YEAH, NO, I DON'T THINK SO.
I LOVE IT DOESN'T WORK SO WELL.
I CAN I SHARE MY SCREEN? YES, PLEASE DO.
I JUST GOT GOOGLE STREET VIEW UP.
CAN YOU, CAN SOMEONE STOP SHARING SO I CAN SHARE? OH, I DON'T KNOW WHO DID THAT THERE
SO YOU SEE THIS IS THE END OF THE DRIVEWAY, AND THEN THERE IS MO AND THEN BEHIND THAT ARE BUSHES AND THIS BIG TREE.
AND THEN BEHIND THAT IS STILL THE, THE GARDEN.
SO THIS IS LITERALLY ON THE PROPERTY LINE, BUT IF YOU THERE, YOU BELIEVE THAT THE PROPERTY LINE ARE, IS WHERE THE BUSHES ARE.
DID THAT ANSWER YOUR QUESTION? THAT SHOWED WHERE THE CROSSWALK ACTUALLY ALMOST WENT RIGHT TO YOUR, NOT ALMOST.
COULD WE, THE, THE, UH, IN OUR PACKET, WE HAVE A COPY OF THE SURVEY, BUT IT SAYS THAT IT WAS REPRODUCED AT FULL SIZE FOR THE APPLICATION AND IT WAS EMAILED.
IS THERE ANY WAY TO GET THAT SURVEY AND BLOW IT UP? AND MAYBE WE COULD TURN IT SO WE COULD LOOK AT THIS PROPERTY FACE ON, ON THE SURVEY.
I, I THINK I SUBMITTED THE ORIGINAL OF THE SURVEY.
[01:10:01]
NO, WE, WE KNOW THAT WE HAVE IT HERE.I'M JUST LOOKING TO SEE IF, UH, IF THE, IF IN IN THE FILE TOWN THEY COULD BRING IT UP.
NOW, EVE, MY, MY QUESTION IS, AND I GUESS JUST LOOKING AT IT AGAIN, IS THAT WHERE THE ZERO SETBACK IS? ARE WE NOT LOOKING, ARE WE NOT LOOKING AT THE RIGHT MEASUREMENTS? NO, WE WERE LOOKING AT IT.
I'M JUST TRYING TO SEE MORE WHAT THE OTHER SIDE LOOKS LIKE, TO BE HONEST, WHICH WE CAN'T.
HEY, UH, MADAM CHAIRMAN, WE'VE GOT THE PACKET HERE IN PDF.
SO I WILL, UH, OPEN UP AND ZOOM ON, ZOOM IN ON WHATEVER AREA YOU'D LIKE.
SO I JUST HAVE TO LOOK AT THE SURVEY.
HOW WIDE IS THE PRO THE DRIVEWAY THAT'S ON THE PROPERTY LINE? I CAN'T ANSWER THAT QUESTION.
IT'S IF SOMEONE CAN USE THE SCALE FROM THE, UM, I DON'T HAVE LIKE, REAL DRAWINGS THAT ARE TO SCALE.
AND HOW MANY, UH, THAT'S THE ONE THAT'S USED BY THE TRAFFIC, UH, OFFICER.
HOW, HOW MANY CARS PARK IN THAT ONE? JUST ONE CAR CAN PARK THERE.
WELL, HERE IT'S AT BOTTOM OF THIS PAGE WHEN IT SAYS ASPHALT DRIVE, YOU SEE, IT'S, IT'S NOW, YES.
I DON'T KNOW WHAT THAT 21 FOOT, UH, DIMENSION IS.
WE, THE REASON WHY I'M ASKING IS THAT IF THE CAR IS GOING TO BACK IN AND OUT ANYWAY, ONE, ONE WAY OR THE OTHER, IT'S NOT TURNING AROUND, THEN YOU COULD PROBABLY, UM, NARROW THAT DRIVEWAY SOMEWHAT, REDUCE THE AMOUNT OF VARIANCE THAT'S REQUIRED AND STILL ACCOMMODATE THAT CAR.
SO IT IS QUITE NARROW, TO BE HONEST.
UM, THERE IS NOT, I MEAN, IT COULD BE PROBABLY ONE FEET DIFFERENCE, BUT I DON'T EXPECT THAT IT CAN BE MORE THAN THAT, TOO COMFORTABLY BACK IN AND GO INTO THAT PLACE.
THAT'S THE DRIVEWAY THAT YOU DON'T USE.
IT'S ONLY THERE MORE OR LESS AS A CONVENIENCE FOR THE CROSSING GUARD.
OR, YOU KNOW, THE POST OFFICE, UH, OR POLICE, LIKE WHOEVER.
THERE ARE MANY PEOPLE WHO ARE ACTUALLY USING THAT ED, TO ANSWER YOUR QUESTION, AT DRIVEWAY SCALES AT ABOUT 15 FEET AND WIDTH WITHOUT THE WALKWAY TO THE LEFT.
IT WELL, I'LL LEAVE IT TO YOU TO DETERMINE WHETHER THAT'S REQUIRED, THE MINIMUM NECESSARY.
ANY OTHER QUESTIONS? I DON'T HAVE ANY.
I I THINK WE CERTAINLY HAVE SOME AREAS OF DISCUSSION THAT WE CAN TAKE UP.
THANK YOU VERY MUCH FOR LISTENING.
LET'S SEE, IS THERE ANYONE IN THE AUDIENCE WHO WANTS TO ADDRESS THIS CASE? HAVE ANY COMMENTS ON IT? OKAY.
ALL RIGHT, THEN WE'LL TAKE THIS, UH, UNDER DELIBERATIONS.
SO DO WE GET OUR FIVE MINUTE OR SIX MINUTE BREAK AT THIS POINT? ANYONE? OR YOU WANNA GO STRAIGHT AHEAD? FIVE MINUTES.
SO WE, WE ARE GOING TO BREAK FOR FIVE MINUTES AND I WILL REMIND YOU THAT, UM, YOU ARE ALLOWED TO LISTEN TO OUR DELIBERATIONS AT THAT TIME, BUT YOU CANNOT PARTICIPATE OR SAY ANYTHING.
AND THEN ONCE WE HAVE COMPLETED OUR DELIBERATIONS, WE GO BACK ON THE RECORD TO GIVE YOU, UM, THE RESULTS OF THOSE DELIBERATIONS.
YOU CAN PAUSE THE LIVE FEED AND, UH, BACK AT IT IN FIVE MINUTES.
ANY COMMENTS ON THIS TODAY? THEY GAVE US WHAT WE ASKED FOR.
ANY COMMENTS? MEANS SOMEBODY SAY SOMETHING.
I, I, I APPRECIATE THE FACT THAT THEY
[01:15:01]
ACTUALLY DID COME BACK WITH THE RENDERING.UM, AND THAT WAS OUR QUESTION AS TO TRYING TO BE RESPECTFUL OF THE NEIGHBORS.
AND YES, IT IS, UM, A MIXED USE ZONING AREA THAT, UM, I, I THINK THEY CAME TO US IN GOOD FAITH.
SO AS FAR AS I'M CONCERNED, UM, I DON'T HAVE ANY ISSUES WITH WHAT THEY'RE PRESENTING AT THIS TIME.
SO, WILLIAM, DO YOU WANNA WRITE THIS UP? AH, AH, FOR SURE.
WE'LL GIVE YOU TIME BEFORE YOU DO THAT.
THAT IS NOT JUST FOR THE RECORD.
IT COULD HAVE BEEN, UH, IT COULD HAVE BEEN, UH, ENGAGING A LITTLE PLAUSIBLE DENIABILITY THERE.
UM, E REGARDING ALL THESE CASES, THEY'RE ALL TYPE TWO.
THANK YOU FOR THE NEW MEMBERS, TYPE TWO IS SEEKER.
SO THERE ARE TWO RESOLUTIONS FOR EACH CASE.
ONE IS A SECRET DETERMINATION, WHICH YOU MUST DO BEFORE YOU CAN GO ON AND DETERMINE WHETHER OR NOT TO GRANT OR DENY THE VARIANCE OR THE APPLICATION, I SHOULD SAY, JUST, JUST BRIEFLY WITHOUT KNOWING WHAT A SEQUENCE IS, WHETHER THERE'S A TYPE TWO AND THAT THAT DOESN'T HELP MUCH.
SO JUST TO, UH, TACK ON THEIR, UH, SEEKERS AND ACRONYM FOR THE STATE ENVIRONMENTAL QUALITY REVIEW ACT, IT'S NEW YORK STATE'S ENVIRONMENTAL REVIEW PROCESS.
AND AS, AS ED NOTED, UM, THE LAND BOARD HAVE TO COMPLETE THAT ENVIRONMENTAL REVIEW PROCESS BEFORE RENDERING A DECISION ON VARIANCES, SITE PLAN APPLICATIONS, THINGS OF THAT NATURE.
UM, AND
PROJECTS, UH, TYPE TWO CLASSIFICATION ARE ACTUALLY SMALLER PROJECTS, WHICH NEW YORK STATE IS DEEMED ARE NOT NECESSARY TO, UH, ACTUALLY DO ANY FURTHER SEEKER REVIEW.
UM, SO TYPICALLY SETBACKS ASSOCIATED WITH, UH, VARIANCES FOR SINGLE FAMILY HOMES ARE ON WHAT'S KNOWN AS THE TYPE TWO LIST.
THEREFORE, UM, YOU DON'T HAVE TO MAKE ANY FINDING WITH RESPECT TO SEEKER OTHER THAN IDENTIFYING THAT IT'S BASICALLY SEEKER EXEMPT.
AND THEN THERE ARE UNLISTED ACTIONS, UM, WHICH ARE GUESS MEDIUM SIZED PROJECTS.
AND, UH, THOSE YOU DO ENVIRONMENTAL REVIEW ON.
BUT A MAJORITY OF WHAT YOU WILL SEE FOR VARIANCE APPLICATIONS DO INDEED FALL UNDER WHAT'S KNOWN AS THE TYPE TWO.
NO FURTHER REVIEW SORT OF CLAUSE THERE.
THANK YOU FOR THE REFRESHER COURSE.
CAN WE MOVE ON TO CASE 2028? JEFFREY STREIS, THIS IS THE, UH, ONE THAT IS BREAKING NEWS.
BUT THEY DID COME BACK WITH FAKE BID RESOLUTION.
I WON'T ASK YOU TO DO IT, LOU, SINCE IT BREAKS YOUR HEART.
I COUNTED THREE YESES, BUT I I THINK WE'RE, YES, THERE'S BUSY WRITING
SO, UH, DO WE HAVE A VOLUNTEER FOR MR. STREIS SPELL? I CAN DO IT.
THANK YOU VERY MUCH FOR, FOR THE NEW MEMBERS.
WHAT WE'RE DOING NOW IS WE'RE HAVING A STRAW VOTE, AND IF IT'S A RELATIVELY UNCOMPLICATED CASE, WE HAVE, UH, FORMS THAT WE CAN, THAT JUST HAVE BLANKS FOR YOU TO FILL IN TO RENDER A DECISION TONIGHT.
AND SO THOSE FIRST TWO CASES WILL BE DECIDED, DECIDED TONIGHT.
AND THE NEXT CASE, WHICH IS CASE, UH, 2029, THAT'S BEING ADJOURNED AT THE, AT THE APPLICANT'S REQUEST.
[01:20:01]
DIDN'T GET AS OF RIGHT? YES.AND WE'RE PUTTING IT ON FOR, WE CAN PUT IT ON FOR THE NEXT, UH, NEXT MONTH.
HE'S DISCUSSING IT WITH, UH, ANTHONY, I BELIEVE HE SAID HE, THEY MAY HAVE, HE MAY NOT NEED A VARIANCE, SO MUSIC
I HOPE HE COMES UP WITH A DECK DESIGN THAT'S A LOT BETTER THAN JUST THAT SQUARE THAT HE WAS TANKING ON THE BACK OF HIS HOUSE.
WELL, THE SQUARE, I HOPE THIS HE WAS MAKING USE OF IT, RIGHT? UH, YEAH.
BUT YOU COULD MAKE IT, UH, BETTER.
ALL, UM, NEXT WOULD BE THE CASE OF 75 SQUARE FEET THAT TURNED INTO 101 SQUARE FEET.
THAT'S THE, UH, SIDE PORCH THAT THEY WISH TO ENCLOSE.
SO, I, I JUST WANTED TO POINT OUT TO YOU GUYS.
THERE MUST HAVE BEEN A TYPO IN THE DENIAL LETTER.
WHAT THEY WERE ASKING FOR WAS 2,850 SQUARE FEET, NOT 2008 59.
IT'S ONLY NINE SQUARE FEET MORE THAN WHAT THEY WERE ACTUALLY ASKING FOR, WHICH WAS AN INCREASE OF 92 SQUARE FEET, WHICH SHOWS ON THE PLAN.
SO HAVING, NOW THAT WE KNOW WHAT WE'RE WORKING WITH, ANY COMMENTS FOR AGAINST ABOUT, COME ON.
WE'RE SUPPOSED TO HAVE SOME SPIRITED.
NOT, NOT FOR, NOT, AGAIN, NOT ANYTHING.
AND WILLIAM, THE EYES HAVE IT.
OKAY, SO WAIT, WAIT, WILLIAM, THAT'S, THAT'S A, THAT'S A
WHAT, WHAT'S YOUR POSITION? COME ON.
NOW THAT IT WAS CLARIFIED THAT IT'S NOT AS GREAT A VARIANCE AS WAS PRESENTED, UH, I'M IN FAVOR OF IT.
BY THOSE BY NINE, BY NINE HOLES, SQUARE FEET, WILLIAM, THAT, THAT, THAT TIP IS NOT AS MUCH AS 75.
IT WAS REDUCED, RIGHT? NO, IT WASN'T REDUCED.
SEE,
IT SOUNDED ORIGINALLY LIKE THEY WANTED TO MOVE THE WALLS AND CREATE IT.
AND NOW IT, IT MAKES PERFECT SENSE.
SO, UM, HEARTBREAKER OUT THERE.
WHO, WHO'S DOING THIS? UM, SHE MEANT ME, CAROL.
ALL RIGHT, MOVING ON TO CASE 2101, THE POOL CASE.
UH, OPEN THE FLOOR TO DISCUSSION.
I THINK I HEARD LE UH, MY DISCUSSION.
I, I WOULD LIKE TO HEAR FROM THE NEIGHBORS NOTWITHSTANDING, UM, PRESS MR. PRESTON'S VERY ELOQUENT PRESENTATION.
I MEAN, WHICH I TAKE INTO ACCOUNT, BUT THIS IS THE NOISE AND THE CLOSEST IS POOL TO THE FENCE CONCERNS ME.
AND I WOULD LIKE THE NEIGHBORS TO HAVE, SHE SAYS SHE'D BE WILLING TO CONTACT THE NEIGHBORS AND I'D LIKE TO HEAR FROM THEM THOSE AFFECTED.
SO THAT'S MY PREFERENCE TONIGHT.
MAYBE WE SHOULD ALSO GET AN IDEA OF HOW MUCH IT COSTS TO ACTUALLY MOVE THAT FENCE AND PUT IT IN, IN A WAY THAT WOULDN'T REQUIRE A VARIANCE.
I MEAN, THAT'S, IF IT'S SO ONEROUS TO MOVE THE FENCE, THAT SEEMS TO BE THE BIGGEST HURDLE.
I, I DISAGREE WITH YOU, BUT I'M LISTENING.
I, I WOULD MOVE THE POOL OVER SO YOU DIDN'T NEED A VARIANCE PERIOD.
BUT I MEAN, IF THEY WANNA HAVE IT IN THIS FENCE, I DON'T KNOW IF A FENCE, THEY WANT A FENCE.
'CAUSE NOW WE FIND OUT WE DON'T EVEN NEED A
[01:25:01]
FENCE AROUND THE POOL.AND THERE IS A FENCE EVEN WITH THAT FENCE GONE.
I, I, I THINK, I THINK HER THINKING WAS INITIALLY PUT UP THE FENCE.
I MEAN, HAVING IT ALREADY SURROUNDED BY A FENCE MEANT THAT SHE DIDN'T HAVE TO PUT A FENCE.
TO ANSWER LITTLE'S QUESTION AS TO, YOU KNOW, WHY DIDN'T WE CHOOSE THAT PARTICULAR LOCATION LIKE OUTTA EVERYWHERE IN THE WHOLE YARD THAT YOU COULD HAVE USED, YOU KNOW, THAT WAS A PRE ENCLOSED AREA.
AND IN HER MIND, 'CAUSE EVEN WHEN WE SAID WITH, YOU KNOW, THE FENCING REQUIREMENTS WERE, YOU KNOW, RELATIVELY, SHE WAS LIKE, OH, I DIDN'T KNOW THAT.
LIKE, YOU KNOW, SO I THINK IT WAS AN AFTERTHOUGHT TO KIND OF WANNA PLOP IT IN THAT SPACE.
I ALSO THINK SHE NEEDS THE FENCE FOR THE DOGS STILL TO RUN AROUND.
SO SHE'S TRYING TO DO DOUBLE DUTY BY NOT MOVING THE FENCE AND PUTTING THE POOL IN SPACE.
UM, YOU KNOW, I'D LIKE TO HEAR FROM THE NEIGHBORS, BUT, YOU KNOW, I'M NOT SURE IN MY MIND, AND I WOULD LOVE TO HEAR FROM PEOPLE WHO HAVE A LOT MORE EXPERIENCE ON THIS, BUT I'M NOT SURE.
NOT MOVING A FENCE IS AN EXCUSE FOR A VARIANCE.
I'M GONNA WAIT UNTIL EVERYONE'S FINISHED.
WELL, I THINK THAT WAS WELL SAID.
I MEAN, IT DEPENDS ON THE FENCE.
LIKE THE WALL THAT THIS GUY IS TALKING ABOUT, THAT'S A RETAINING WALL AND IT'S STONE AND TO LIFT THAT UP, BUT IT'S ALSO NECESSARY.
IT'S LOT DIFFERENT THAN THIS FENCE, RIGHT? WELL, YEAH, I'M NOT THE WALL THAT'S TOTALLY DIFFERENT.
I'M JUST TALKING ABOUT A CHAIN LINK FENCE.
BUT IF IT'S, IF IT'S SHE COMES BACK AND SAYS IT'S $10,000 TO MOVE THAT, I MEAN, I DON'T KNOW.
I'M JUST THROWING IT OUT THERE.
WELL, IT'S A CHAIN LINK FENCE WITH THE, UM, THE METAL POST.
IT'S NOT, UM, OF COURSE THEY ARE EMBEDDED IN SOME CONCRETE TO GIVE IT STABILITY, BUT, UM, THAT IS NOT DIFFICULT DEAL.
AND THE FENCE IS STILL INTACT.
YOU JUST ROLL IT UP AND PUT IT BACK UP AGAIN.
YOU MIGHT NEED A, SOME EXTRA FENCING.
UH, 'CAUSE IF YOU MOVE IT OVER AND THE DIAGONAL OF THE PROPERTY LINE, THERE'S A GAP.
AM I LOOKING AT THE ANGLE CORRECTLY? I DON'T HAVE THE PLAN LOOKING IN FRONT OF ME.
AND IT ENDS AT THE DECK AND IF YOU MOVE IT OVER, YOU MIGHT HAVE TO DO SOMETHING AT THAT AREA AS WELL.
UM, I, I STILL THINK THAT PUTTING THAT POOL IN THAT RESTRICTED AREA, UM, YOU, YOU'RE NOT GOING TO DO THE POOL JUSTICE.
UM, THERE'S A LOT MORE, IT MAY BE A BIT MORE CREATIVE, BUT, UH, I, I THINK MORE THAT YOU CAN DO WITH THE POOL IN THE LARGER YARD AREA.
I, I SAW WES SMILING WHEN I WAS PRO WHEN I WAS PROPOSING THAT.
I DON'T KNOW IF HE WAS THINKING ALONG THE SAME LINES.
AND THEN YOU DON'T NEED A VARIANCE.
AND THEN YOU DON'T, MAY NOT NEED TO KNOW WHAT YOUR NEIGHBORS THINK ABOUT IT ANYWAY.
SO THIS, THIS IS GONNA BE A PRIMER FROM SOMEBODY WHO'S BEEN DOING THIS FOR A LONG TIME.
UM, WE'VE HAD SEVERAL POOLS AND USUALLY IT'S BECAUSE PEOPLE, THEY WANT POOLS, BUT THEY DON'T WANT POOLS IMPINGING ON THEIR, ON THEIR DECKS OR ON THEIR BARBECUE OR WHATEVER IT MAY BE.
AND THEY SEEM TO BE WANTING TO STICK THEM IN A NICE LITTLE NOOK, YOU KNOW, TO GET THEM AWAY FROM WHATEVER.
OF COURSE, PUTTING 'EM IN A NICE LITTLE NOOK WHEN YOU'RE TOO CLOSE TO THE LINE, PUTS THEM CLOSE TO SOMEONE ELSE'S PROPERTY WHO MAY NOT WANT THE POOL THAT CLOSE TO THEM.
THE OTHER CONCERN THAT WE'VE ALWAYS HAD, AND I DON'T KNOW IF THIS IS TRUE OR NOT BECAUSE I DON'T HAVE A POOL, IS THAT THE CHEMICALS IN THE WATER OF A POLE DO SPLASH OUT AND THEY SPLASH WHEN YOU HAVE CHILDREN PLAYING OR JUMPING OR WHATEVER THEY DO SPLASH TO QUITE AN AN EXTENT.
AND IT CAN DESTROY YOUR GRASS.
SO IF YOU DO HAVE A NEIGHBOR THAT, UH, THE POOL IS FLASHING ONTO, IT CAN HAVE SOME ENVIRONMENTAL EFFECT AND CERTAINLY APPEARANCE TO THE GRASS AS TIME GOES ON.
THAT'S, THAT'S ANOTHER THING THAT WE'VE COME UP AGAINST IN THE PAST.
SO AGAIN, AND I THINK YOU ALL GOT A LITTLE TINY PRIMER FROM ED, WHEN I SAY YOU ALL, I MEAN OUR, OUR NEW MEMBERS THAT WE HAVE TO LIVE WITH A DECISION ON SOMETHING THAT SEEMS LIKE A NICE IDEA FOR ONE PERSON, BUT NECESSARILY WHEN 50 PEOPLE COME BEFORE US, SAME THING SAYING, YOU LET THOSE NICE PEOPLE HAVE IT AND THEIR NEIGHBORS DID OBJECT TO IT, WE SHOULD BE ABLE TO HAVE IT TOO.
THEN WE START GETTING ON SHAKY GROUND OF,
[01:30:01]
YOU KNOW, CHANGING ESSENTIALLY THE CULT WHEN IT'S, THAT'S REALLY NOT OUR JOB.OUR JOB IS TO VARY IT WHEN IT IS NEEDED TO VARY IT.
THIS IS NOT A SITUATION WHERE I SEE WE NEED TO VARY IT.
UM, I HEARD WHAT YOU SAID CHRISTIE, ABOUT THE COST AND I THINK THAT MOVING, MOVING THE FENCE, WHICH IS REALLY WHAT IT IS, YOU CAN PROBABLY REPLACE WHAT THEY HAVE THERE WITH, AS, AS LOU SAID, A LITTLE EXTRA FENCE, WHICH COULD PROBABLY GO ON THE SIDE WHERE THE GATE IS BECAUSE THE GATE HAS A LITTLE SPACE BEFORE YOU GET TO THE DECK.
SO IF YOU JUST EXTEND THE FENCING ON THAT SIDE, YOU COULD PROBABLY LEAVE THE LONG EXTENSION, THE SAME, UH, DISTANCE THAT IT IS AND JUST EXTEND THE OTHER SIDE TOWARDS THE DECK OR, OR TO THE HOUSE OR HOWEVER YOU WANNA DO IT, TO, UM, TO CLOSE THAT AREA IN, IF THAT'S STILL WHAT THEY WANT TO DO.
WE ALSO KNOW THAT CLOSING IT IN IS NOT NECESSARY.
THE OTHER THING WE'VE RUN INTO WITH THESE POOLS IS THEY'RE ABOVE GROUND.
NOW THIS IS 50 SOME FEET ABOVE GROUND VERY OFTEN AND SHE MENTIONED IT SAYING SHE WASN'T SURE, BUT SHE THINKS THEY OFFER SOME TYPE OF LEDGE AROUND THE POOL, WHICH THEY DO BECAUSE OTHERWISE YOU HAVE TO GO IN AND OUT OF THE POOL FROM THE LADDER.
UH, HAVING A LITTLE DECK ON TOP GIVES THE KIDS SOMETHING TO RUN AROUND ON OR DO FLIPS OR WHATEVER IT IS THEY'RE GOING TO DO OTHER THAN JUST OFF THE, UH, THE LADDER.
AND ONCE YOU DO THAT, NOW YOU HAVE ANOTHER COUPLE OF FEET AROUND THAT POOL.
SO YOU'VE GONE FROM EIGHT FEET TO SIX FEET, UH, OFF YOUR, YOUR PROPERTY LINE.
AND THAT'S SOMETHING THAT WE DON'T HAVE HERE BECAUSE THEY'RE NOT PRESENTING IT THAT WAY.
BUT THAT'S WHAT WE'VE RUN INTO IN THE PAST.
SO, UM, I'LL STOP RIGHT THERE.
OH, I HAVE TO COMMENT ON ROBIN PRESTON.
I THINK HE DID, UH, COMMENT VERY FAVORABLY TO, UH, TO SUPPORT HIS NEIGHBORHOOD AND ALSO TO SHOW HOW NICE IT WAS AND HOW UH, QUIET IT WAS AND HOW EVERYONE HAD SPACIOUS YARDS.
AND THIS IS A QUOTE THAT I WROTE DOWN ON ALL SIDES.
SO HERE WE ARE GIVING POTENTIALLY A VARIANCE TO A PROPERTY THAT HAS A SPACIOUS YARD ON ALL SIDES WITHOUT A REASON FOR DOING SO.
YEAH, I THINK TO FOLLOW UP WHAT HE'S SAYING IS THAT ONE OF THE FACTORS THAT YOU HAVE TO CONSIDER IS WHETHER THERE ARE FEASIBLE ALTERNATIVES TO GRANT TO REQUIRING A VARIANCE.
AND HERE I THINK WHAT YOU, THAT'S
SO HAVING SAID THAT, WE CAN HAVE FURTHER DISCUSSION.
YOU KNOW, THE, THE THING WITH NEIGHBORS IS THEY ALL, MANY NEIGHBORS IN FACT SAY, WELL IF THEY'RE GONNA BE ABLE TO DO THAT, THEN WE SHOULD BE ABLE TO DO THAT.
ALSO, WHETHER IT'S UM, A PORTICO OR WHETHER IT'S WIDENING THE DRIVEWAY OR WHATEVER IT IS, THEY USUALLY SAY, OH, THAT'S A NICE IDEA.
SO IF WE SUPPORT THEM, MAYBE WE SHOULD BE ABLE TO DO IT ALSO.
AND SO YOU CAN'T REALLY GO WITH WHAT THE NEIGHBORS WANT.
IF YOU HAVE A NEIGHBOR THAT IS BEING REALLY AFFECTED BY SOMETHING AND THEY SPEAK UP AND SAY, WE DON'T HAVE A PROBLEM WITH IT, THAT'S ONE THING.
BUT JUST TO SAY THAT, UM, WE DON'T HAVE A PROBLEM IS NOT, YOU KNOW, SOMETHING THAT REALLY WE SHOULD RELY UPON.
SO I DON'T KNOW IF YOU WANNA TAKE A STRAW VOTE, HAVE MORE.
UH, OH, WELL, I GUESS I SHOULD GO FURTHER.
WHEN WE HAVE A SITUATION LIKE THIS, WHAT WE USUALLY DO, UH, IF THERE IS NOT A POSITIVE STRAW VOTE BY THE MAJORITY, WHICH THERE MAY BE, AND I'M NOT SAYING THERE ISN'T, BUT IF, IF THERE, IF THERE ISN'T, UM, IS THAT WE TRY TO GO BACK TO THE APPLICANT AND GIVE THEM A POSSIBILITY OF EITHER, UH, REDUCING THE VARIANCE BY MAKING SOME CHANGES OR ELIMINATING THE VARIANCE, THE NEED FOR THE VARIANCE, OR PERHAPS COMING BACK WITH, UM, MORE INFORMATION ABOUT THE POOL OR THE POOL DECK OR OTHER THINGS IF THEY WAS TO, YOU KNOW, GIVE OTHER INFORMATION BECAUSE THEY AREN'T PRIVY TO THE COMMENTS THAT WE'RE MAKING HERE.
OR YOU CAN REQUEST MORE INFORMATION AS, UH, MR. ADLER DID WITH RESPECT TO THE NEIGHBORS.
WELL, YES, WE DON'T USUALLY JUST DENY SOMEONE OUTRIGHT.
NOT USUALLY OCCASIONALLY, YES.
WE USUALLY GIVE THEM AN OPPORTUNITY TO GO BACK AND, UM,
[01:35:01]
AS WE SAID, PROVIDE OTHER INFORMATION OR GIVE US SOMETHING AS AN ALTERNATIVE.SO A QUESTION ON THAT IS, UM, SO IF WE GO BACK AND WE ASK FOR MORE INFORMATION OR WE GO BACK AND WE, UM, ASK THEM FOR, UH, INPUT FROM THEIR NEIGHBORS, IN THE END THERE'S STILL STILL VIABLE ALTERNATIVES, RIGHT? AND IT STILL COMES BACK TO A COST SCENARIO.
SO WE'RE ASKING THEM TO GO DO MORE WORK, WHICH POTENTIALLY WE COULD STILL SAY NO BASED ON THE FACT THAT THEY HAVE, AS YOU ELOQUENTLY STATED, A VERY LARGE YARD AND ALTERNATIVES FOR THE POOL WHERE THEY WOULDN'T NEED A VARIANCE.
AND YOU'RE NOT COMMITTING YOURSELF TO ANY COURSE OF ACTION WHILE ADJOURNING IT.
IT'S HARD TO SAY NO TO YOUR NEIGHBORS.
I I'M MORE IN ON THIS ONE BASED ON YOUR INPUT.
UM, I'D ACTUALLY BE MORE INCLINED TO SAY NO RIGHT NOW VERSUS ASK FOR MORE INFORMATION.
'CAUSE THERE ARE, UH, ALTERNATIVES FOR THEM.
I MEAN, THEY COULD EVEN JUST CHANGE THE ANGLE OF THE POOL AND HAVE IT BE WITHIN THE CODE.
SO I, AND PUT THE, AND PUT THE DOGS AND THE DOG RUN.
I DON'T KNOW, I DON'T KNOW WHAT NEIGHBOR'S INPUT WOULD DO TO A DECISION, IS WHAT I'M GETTING AT BASED ON WHAT YOU'RE SAYING.
SO THIS WOULD BE ONE CASE WHERE I PROBABLY WOULD SAY NO RIGHT UP FRONT.
SO WE HAVE, WE HAVE ONE STRAW VOTE, UNLESS YOU STILL LOOKING FOR THE NEIGHBORHOOD.
NO, I, I WOULDN'T WANNA GO SO FAR AS TO SAY AN OUTRIGHT NO AT THE MOMENT.
I MEAN, I'M LEANING TOWARDS A NO, BUT SOMETIMES IT, IT SOFTENS IT WHEN YOU ALLOW THEM THE OPPORTUNITY TO REALIZE THAT, UM, THEY, THEY COULD DO SOMETHING BETTER THAT DOESN'T REQUIRE VARIANCE.
AND UM, UM, I THINK THAT THEY COULD COME UP WITH A BETTER IDEA OF FOR THE POOL ON THE OTHER SIDE OF THE FENCE IN THE LARGER YARD AREA AND LIKE YOU SAID, LEAVE THE ORIGINAL DOG RUN FOR THE DOGS.
UM, AND THAT'S WHY I'M LOOKING FOR YOUR COUNSEL AND ASKING THE QUESTIONS LIKE WHAT'S THE BEST THING TO DO? OKAY.
'CAUSE OUR NEIGHBORS MAY SAY, OH YEAH, WE DON'T HAVE ANY, UM, ISSUE WITH THE POOL.
UM, YOU KNOW, BECAUSE THEY LIKE TO HAVE THEIR KIDS, UH, PLAY IN IT UNTIL AS UNLESS SAID SOMETHING GOES WRONG LIKE THE POOL SPRINGS A WEEK AND STARTS, UH, FLOODING THE NEIGHBOR'S YARD, ALL OF A SUDDEN THE NEIGHBORS AREN'T SO NEIGHBORLY, UM, THERE FLASHES CHEMICAL AROUND AND I'VE SEEN THAT HAPPEN.
WELL, I WOULD IMAGINE THAT IF THEY WERE GONNA DO THIS RIGHT, THEY WOULD HAVE SOME KIND OF, UH, A SURFACE AROUND THE POOL THAT WOULDN'T BE GRASS THAT YOU'D HAVE TO WORRY ABOUT, BUT LIKE GRAVEL OR, OR SOMETHING.
OR MAYBE THAT MIGHT BE A LITTLE HARD ON BARE FEET.
BUT, UM, YOU KNOW, SOMETHING THAT WOULDN'T END UP BEING AFFECTED BY, UH, CHLORINE FROM A, FROM A, A POOL.
BUT I HAVEN'T STARTED WRITING THAT THING.
UH, WHAT IS THE DIFFERENCE BETWEEN TELLING THIS APPLICANT THAT SHE SHOULD GO BACK AND TRY TO FIND, FIND A POOL THAT MEETS THE STANDARDS AS OPPOSED TO DENYING THE VARIANCE AND DOESN'T SHE HAVE THE OPPORTUNITY TO DO THAT ANYWAY? JUST EDUCATE ME ON THAT.
WELL, I NEVER WOULD THINK OF TELLING SOMEONE TO FIND A POOL THAT NEEDS THE STANDARDS.
I WOULD SIMPLY SAY FIND A A YOU HAVE ALTERNATIVES, UH, BASED ON THE SIZE OF YOUR PROPERTY TO LOCATE YOUR POOL ELSEWHERE IS HOW I WOULD LOOK AT IT.
IS THAT THE QUESTION I HAVE IS THAT, ARE WE, WHEN YOU SAY THAT, ARE YOU DENYING THE VARIANCE? NO, WE'RE TELLING THEM THAT WE'RE NOT PARTICULARLY IN FAVOR OF GRANTING IT, OTHERWISE WE COULD HAVE GRANTED IT WITHOUT HAVING THEM SUGGEST TO THEM THAT THEY PERHAPS DO SOMETHING ELSE.
WELL THAT WOULD BE MY REQUEST.
FOR WHAT IT'S WORTH WHAT SAY IT.
I MEAN, CAROL'S GONNA SEND THIS LETTER OUT.
UH, I, I, YOU KNOW, SINCE WE'RE NOT GONNA DENY THE VARIANCE OF WHATEVER THE LANGUAGE YOU'VE USED OVER THE YEARS WITH AN APPLICANT TO INDICATE TO THEM YOU'RE NOT INCLINED TO GRANT IT, GO BACK AND DO SOME WORK AND
[01:40:01]
MAYBE YOU'LL COME UP WITH SOMETHING THAT WE CAN ACCEPT.I DON'T KNOW HOW YOU PUT THAT IN WORDS, BUT, WELL, THAT WAS WELL PUT.
WELL I DON'T THINK YOU'VE, YOU'VE HAD THE, THE STRAW, THE COMPLETE STRAW VOTE YET.
I WAS WAITING FOR THE NEXT STRAW TO POP UP.
WELL, WHO'S THE NEXT DRAWER? YOU ARE? OH, I, I AM IN TOTALLY AGREEMENT WITH EVERYTHING EVERYONE HAS SAID THAT, YOU KNOW, I, I DO BELIEVE THERE ARE ALTERNATIVES THAT CAN BE SOUGHT.
UM, AND LIKE I SAID, THIS WAS PROBABLY THE LOWEST ACTUALLY I SPOKE FIRST.
THIS WAS JUST THE LOWEST HANGING FRUIT.
UM, I WOULD BE INCLINED TO, AS WE, AS YOU ELOQUENTLY ARTICULATED, TO HAVE THEM, UM, POTENTIALLY COME BACK WITH ANOTHER IDEA OR REMOVE THE SUBMISSION ALTOGETHER BECAUSE THEY'RE GONNA DO SOMETHING THAT DOESN'T REQUIRE US TO PASS ANY TYPE OF VARIANCE FOR THEM.
AND IT SEEMS AS THOUGH WE HAVE A CONSENSUS TO SEND A LETTER.
SO WE DON'T, DO WE HAVE ANYONE THAT IS FOR THIS? LEMME PUT IT IN THE CONVERSE HERE.
ANYONE THAT IS FOR GRANTING THIS TONIGHT? NO.
SO WE WILL, UH, ADJOURN IT AND, UM, SEND A LETTER TO THE APPLICANT WITH OUR COMMENTS OR REQUEST, I SHOULD SAY.
ALRIGHT, NOW WE GO TO 2102 PROPERTY OF 200 OLD ARMY ROAD.
THIS IS A INTERESTING ONE MORE THAN ANYTHING ELSE THAT WE'VE REALLY LOOKED AT TONIGHT.
SO LET'S START OFF WITH CHRISTIE, BECAUSE CHRISTIE HAD A LOT OF THINGS TO SAY ON THIS.
UM, WELL IT'S BECAUSE I DRIVE THERE ALL THE TIME, SO I KNOW THAT AREA VERY WELL.
UM, I JUST DON'T SEE THE NEED FOR TWO DRIVEWAYS.
I MEAN, I UNDERSTAND THAT THERE WAS TWO CURB CUTS THERE, BUT I THINK BASED ON WHAT I READ, THAT THERE WEREN'T, THEY HAD, SHE HAD TO GET A NEW PERMIT FOR THE TWO CURB CUTS, I BELIEVE.
IS THAT CORRECT? UM, YES, THAT IS CORRECT.
SO I MEAN, IDEALLY JUST GIVEN THE CONFLICT BETWEEN A CAR BACKING OUT, WELL, A CAR BACKING OUT ONTO THAT AREA IS DIFFICULT TO BEGIN WITH, LET ALONE TWO OPPORTUNITIES TO BACK OUT, LET ALONE THE ONE OPPORTUNITY IS RIGHT ACROSS FROM A CROSSWALK WHERE KIDS I CROSS ALL THE TIME, THAT IS A HEAVILY USED PEDESTRIAN CROSSWALK.
UM, AND I MEAN, I PREFER TO HAVE THAT DRIVEWAY GO AWAY ALL THE, AND MAKE IT A SIDEWALK, YOU KNOW, LINK THE SIDEWALK UP JUST IN, I MEAN, I DON'T KNOW HOW LONG, YOU KNOW, SHE'S GONNA OWN THE HOME.
IT'S VERY NICE THAT SHE ALLOWS THE TRAFFIC GUARD TO PARK THERE, BUT SHE SELLS THE HOUSE AND SOME NEW FAMILY MOVES IN THERE.
I GUARANTEE THEY'RE NOT LETTING THE CROSS CROSSING GUARD PARK THEIR CAR THERE.
THEY DON'T HAVE TO RIGHT NOW, YOU KNOW,
BUT, YOU KNOW, AND I JUST THINK LONG TERM FOR THAT AREA MIGHT BE NICE GIVEN THE TOWNS, YOU KNOW, LOOKING AT CROSSWALKS AND PEDESTRIAN SAFETY, IT MIGHT BE AN OPPORTUNITY TO CLOSE THAT DRIVEWAY UP.
AND SHE HAS A VERY NICE DRIVEWAY ON THE NORTH SIDE.
IT'S BIG, IT'S FIT TWO CARS IN THERE.
THERE'S A LITTLE GARAGE JUST LIKE ALL THE HOMES AROUND HERE.
UM, SO I JUST DON'T SEE THE NEED FOR IT.
I THINK IT, YOU BETTER SERVE WITH, YOU KNOW, MAKING, EXTENDING HER BEAUTIFUL FRONT, YOU KNOW, GARDEN AND PUTTING A SIDEWALK THERE AND LEAVING IT LIKE THAT.
I WOULD POINT OUT THAT THE OTHER DRY SIDE ALSO REQUIRES A VARIANCE.
AND THAT SIDE IS ACTUALLY THE ONE THAT IN THE PICTURES IS VERY DETAILED AND BEAUTIFUL AND HAD NICE STONE WORK.
SO I, I CAN UNDERSTAND NOT WANTING TO, UM, YOU KNOW, MESS WITH THAT SIDE.
I, I LIKE YOU CHRISTIE, DRIVE THAT ROAD A GREAT DEAL.
UM, THERE'S SOMETHING ABOUT TWO CARS BACKING OUT ONTO OLD ARMY ROAD, TWO POSSIBLE CARS, ONE OF WHICH IS NEAR THE INTERSECTION OF WHERE THE, THE KIDS WERE WALK.
I, I DON'T KNOW WHAT THE SOLUTION IS, BUT I JUST DON'T LIKE THE WAY IT IS.
I'D LIKE TO HEAR FROM OTHER PEOPLE
[01:45:03]
JUST OVER THE YEARS OF LOOKING AT DRIVEWAYS AND COMING THAT WAY.I WORK OVER AT LEY, SO COMING THAT WAY, IT IS A CHALLENGE, UH, TO GET IN AND OUT.
UM, BUT I DO AGREE CONCUR WITH CHRISTIE THAT, YOU KNOW, I JUST DON'T SEE THE NECESSITY OF HAVING BOTH E ESPECIALLY AFTER YOU ARTICULATED THAT YOU YOURSELF REALLY DON'T USE IT, DON'T USE IT THAT IT'S AN EMERGENCY OR A PUBLIC RIGHT.
BUT IT'S, IT'S A PUBLIC AND THAT SHE'S GOING NOT SERVICE TO THE COMMUNITY WITH THE CROSSWALK BEING THERE THOUGH.
AND SHE SHOULD BE GOING DOWN FROM TWO CARS TO ONE CAR.
UM, SHE WAS SAYING THAT, UH, THE FRONT YARD HAD, WAS LANDSCAPED, I GUESS BY, UH, A LANDSCAPE ARCHITECT.
UM, I COULD SEE SOME REALLY NICE STUFF BEING DONE IN THAT AREA WHERE THE SOUTH DRIVEWAY IS.
UM, SO THAT BASICALLY GET RID OF THEIR DRIVEWAY ALTOGETHER, MUCH LESS, UH, JUST TRYING TO NARROW IT INTO A, A NARROWER DRIVEWAY.
UH, JUST GET RID OF THAT SECOND VARIANCE, UM, ALTOGETHER.
AND THEN WE WOULD BE, UH, JUST LOOKING AT A REDUCED, UH, VARIANCE REQUEST FOR JUST ONE, UM, ONE DRIVEWAY.
THE NORTH ONE, WHICH WAS, UH, 7.5 INSTEAD OF 10, WHICH WAS A MUCH SMALLER, THE ONE ON THE SOUTH, WAS THAT WRONG? YEAH, THE OPPOSITE 7.81 VERSUS 10.
I THOUGHT, I THOUGHT THE SOUTH SIDE WAS THE ONE THAT WAS ZERO.
NO, THAT'S NOT HOW IT'S WRITTEN UP.
AND THAT'S WHY I WAS CONFUSED, UH, ORIGINALLY, THAT'S WHY I WAS TRYING TO SEE THE, THE SURVEY.
BUT WHEN I, WHEN I, UH, WHEN THEY PUT UP THE SITE PLAN, IT SHOWED THAT THE SOUTH DRIVEWAY WAS THE ONE THAT WAS RIGHT ON THE PROPERTY LINE AND THE ONE ON THE NORTH SIDE WAS THE ONE THAT WAS SLIGHTLY AWAY FROM THE PROPERTY LINE.
SO I, I DON'T HAVE A DENIAL LETTER FOR THIS ONE.
UM, I, BUT ON HER PACKET ON LIKE TOWARDS THE BACK OF IT, ON PAGE 35 OF HER PACKET, THERE'S LIKE THE DENIAL LETTER FROM 2018 AND THAT HAS IT CORRECT
SO THE SOUTH SIDE IS ZERO FEET AND THE NORTH SIDE IS THE 7.85.
SO THIS ONE'S NOT EVEN NOTICED PROPERLY.
SO THE REASON NEEDS TO BE RENO.
WHAT WAS THAT ON THE, UM, I'M SORRY, WHAT WAS THAT? I DIDN'T CATCH THAT ON THE NOTICE WAS KIND OF ASKING THOSE QUESTIONS.
NINE LETTER, THE APPLICATION SAYS THE, UH, THE ZERO FOOT SETBACK IS ON THE SOUTH AND THE 7.85 IS ON THE NORTH.
AND AT LEAST THE AGENDA SAYS IT HAS IT THE OPPOSITE WAY.
OH, THE AGENDA HAS IT THE OPPOSITE.
AND WE DON'T, I DON'T THINK ANYBODY, YOU HAVE A, A DENIAL LETTER DATED MAY OF 2018, WHICH HAS IT OPPOSITE TO WHAT THE AGENDA SAYS, BUT NOBODY SEEMS TO SEE THE, UH, LOOK ON THE, ON THE BOTTOM THAT LETTER WAS REVISED.
THE SOUTH SIDE IS THE ZERO AND THE NORTH SIDE'S THE 7.85.
I'M NOT SURE ABOUT THE, UH, YOU KNOW, WHAT WAS LISTED ON THE AGENDA OR, YOU KNOW, POSTED IN THE PAPER.
YEAH, THE AGENDA HAS IT WRONG.
I DON'T KNOW IF THE PAPER, YEAH, BUT THAT COULD JUST BE THE, UH, AGENDA.
UH, IS CAROL, DO YOU HAVE THE, UH, CO A COPY OF THE, UH, LEGAL NOTICE? YES.
UM, NORTH SIDE ZERO, SOUTH SIDE 7.81.
AND THAT'S, AND THAT'S WHY THE CROSSWALK, RIGHT, AND THAT'S WHY THE CROSSWALK CAME INTO CONTENTION IN QUESTION AND I KIND OF PAUSED WITH IT SAYING, WELL, I WAS A LITTLE CONFUSED AS TO WHAT SIDE WE WERE LOOKING AT.
I DON'T HAVE A COPY OF THE DENIAL LETTER HERE.
I, NO, NO, WE, WE DO HAVE THE DENIAL LETTER.
[01:50:01]
THAT'S WHEN SHE GOT IT.IT SAYS SOUTH ZERO, NORTH SEVEN POINT.
WELL I SUGGEST GIVEN THE, UM, THE ERROR THAT, UH, THE APPLICANT IS, IS LISTENING, SHE HEARS WHAT, UH, UH, SHE HEARS WHAT EVERYONE SAID, BUT WE'LL HAVE TO RE-NOTICE MM-HMM.
UH, IS IT POSSIBLE FOR HER TO, SINCE SHE'S HEARD EVERYBODY'S REMARKS, TO REVISE HER PLANS OR MAKE HER OWN, UM, WELL IT'S ALREADY, THIS IS AN APPLICATION TO LEGALIZE.
SO SHE'S LEGALIZING WHAT'S ALREADY THERE.
BUT IF SHE REMOVED OR SHE SAID THAT SHE WANTS IT SENT IN PLANS REMOVING THE DRIVEWAY THAT'S NEAR THE CROSSWALK, UM, SHE COULD DO THAT.
AND THAT, AND THAT'S THE PIECE OF THE DRIVEWAY THAT WAS PUT IN BACK BEFORE 2009 WITHOUT A PERMIT ON THE CIRCULAR DRIVEWAY, CORRECT? WELL, THEY ALL, THEY ALL WERE PUT IN WITHOUT, WITHOUT A PERMIT.
BUT THE, THERE WERE TWO, SO THE, ORIGINALLY THE HOUSE WAS BUILT WITH, UH, JUST A REGULAR DRIVEWAY.
WHICH I BELIEVE IS THE ONE NOT ON THE NORTH SIDE, ON THE CROSS.
AND THEN WHEN THEY PUT IN A CIRCULAR DRIVEWAY, THEY ADDED THAT PIECE BY THE CROSSWALK.
AND THEN WHEN SHE TOOK THE CIRCULAR DRIVE OUT, DRIVEWAY OUT AND DID BEAUTIFUL LANDSCAPING, 'CAUSE I HAVE IT UP ON GOOGLE MAPS RIGHT NOW.
UM, SHE, THEY JUST PUT, THEY LIKE LEFT THE PIECE OF THE DRIVEWAY BY THE STREET AND TOOK THE CIRCULAR OUT MM-HMM.
SO WE KNOW IT HAS TO BE RE NOTED
AND, UM, WE COULD CERTAINLY SAY IN OUR LETTER TO HER THAT WE ARE NOT INCLINED TO GRANT AND SHE MIGHT WANT TO CONSIDER CERTAINLY REDUCING IT OR, OR, OR ELIMINATING ONE OF THEM OR EXTENDING THE LANDSCAPING, WHICH IS VERY NICE, BOB, BY THE WAY.
UM, AND IS NOT SOMETHING THAT SHE HAS TO SPEND A LOT OF MONEY ON DOING IMMEDIATELY, BUT SHE STILL HAS TO ELIMINATE THE NEED FOR THE VARIANCE OR, OR THE UH, YES.
SO WHAT'S, WHAT'S THE TIMEFRAME ON DOING THAT? WELL, THERE'S NO TIME.
HOW MUCH TIME PUT THIS ON FOR NEXT MONTH WITH HER TO COME BACK TO GIVE US UH, NO, NO.
I MEAN, I MEAN, IF SHE WERE TO DECIDE TO DO SOMETHING DIFFERENT WITH THE SOUTH DRIVEWAY IN ORDER TO GET RID OF THAT VARIANCE ALTOGETHER, HOW MUCH TIME DOES SHE HAVE TO DO IT? SIX MONTHS TO YEAR? BUT IT STILL HAS TO BE RETIC, THAT'S A PROBLEM.
WELL, THERE'S A ANTHONY ANTHONY, THERE'S A, A VIOLATION ON THIS.
ALRIGHT, SO THE QUESTION'S REALLY FOR ANTHONY.
WHAT, UH, THE QUESTION IS, IS THERE A, LET'S ASSUME, UH, WE ADJOURN THIS TONIGHT FOR THE APPLICANT TO EITHER REVISE OR WITHDRAW THE, UM, LET ME GET SOME LIGHT IN HERE.
UM, THE APPLICATION IS THE, SINCE THERE'S A PENDING VIOLATION, IS THERE A TIME LIMIT, UH, ON WHICH YOU WOULD, UH, HOLD THIS OVER? NO, IT'S FINE.
YOU GUYS CAN ADJOURN IT AND HOLD IT OVER TO THE NEXT, THE NEXT MEETING.
THE QUESTION IS BEYOND THE NEXT MEETING, IF, WHAT, IS THERE AN, IS THERE A, UH, A LIMIT TO THAT EXTENSION? NO, I MEAN, IF THERE WAS, I'M NOT SURE.
I THINK THERE WAS SUMMONS IS ISSUED ON THE PROPERTY.
YOU JUST TALK TO THE PROSECUTING ATTORNEY AND LET THEM KNOW THAT THE CASE IS STILL ONGOING BEFORE THE Z B A AND THEY'LL JUST POSTPONE IT.
BUT I'M STILL NOT SURE THAT'S ANSWERING MY QUESTION, WHICH IS, UM, IF SHE IS GOING TO GET RID OF THAT ONE VARIANCE AND SHE CAN'T, UM, SHE CAN'T
[01:55:01]
WITHDRAW THE APPLICATION BECAUSE SHE STILL HAS TO GET A VARIANCE ON A NORTH, UH, DRIVEWAY.BUT, UM, IF SHE DECIDES TO GET RID OF THE VARIANCE ON THE SOUTH SIDE, ARE THERE ANY STIPULATIONS AS TO HOW MUCH TIME SHE HAS TO GET RID OF THAT DRIVEWAY AND REPLACE IT WITH SOMETHING ELSE? IS IT A YEAR, IS IT SIX MONTHS? I THINK WHAT ED, WHAT ED'S GETTING AT IS A VIOLATION.
IS THERE A VIOLATION THAT STIPULATES HAS TO BE DONE WITHIN THE NEXT THREE WEEKS? WELL, IT'S NOT GONNA BE OPEN AND ONGOING CONTINUOUSLY, YOU KNOW, YOU DECIDE NOT TO APPROVE THAT SIDE.
YOU KNOW, YOU'RE GONNA RENDER A DECISION THAT A BUILDING THAT'LL BE ISSUED FOR CORRECTIVE ACTION AND THAT CORRECTIVE ACTION IS SUPPOSED TO TAKE PLACE WITHIN SIX MONTHS OF THAT BUILDING PERMIT IT BEING ISSUED.
IF IT HAS TO KEEP GOING BACK TO COURT, THE COURT MAY SET A TIMEFRAME FOR YOU TO SEE SOMETHING CORRECTED.
DOES THAT ANSWER OKAY, SO IT IT, IT DOES AND I AND I
IT'S SAYS IT'S NOT GONNA REMAIN ONGOING.
IT'S NOT SOMETHING THAT SAYS IT'S NOT GONNA LAST FOR YEARS.
THE APPLICANT DOES NOT NECESSARILY, ABSOLUTELY REQUIRED BY OUR ADJOURNING THIS TO REMOVE THAT DRIVEWAY.
SHE COULD COME IN, CUT THAT DRIVEWAY BACK, AS I WAS SUGGESTING EARLIER, BECAUSE 15 FEET IS PROBABLY WIDER THAN IT, YOU KNOW, IF IT'S ONLY GONNA BE USED FOR ONE CAR FOR THE TRAFFIC PEOPLE, MAYBE YOU CAN NARROW THAT AND THEREFORE COME IN WITH SOME SETBACK FROM THE PROPERTY LINE AS OPPOSED TO ZERO.
SO SHE DOES HAVE THAT OPPORTUNITY TO DO THAT AS WELL.
THAT'S NOT TO SAY THAT YOU WOULD GRANT IT, YOU MIGHT STILL COME TO THE CONCLUSION THAT YOU WANT THAT REMOVED, BUT SHE, SHE HAS, YOU KNOW, YOU'RE NOT THE GRANTING IT OR DENYING IT.
SHE CAN REVISE THE APPLICATION ANY WAY SHE, SHE'S FIT.
SO RATHER THAN IT BEING A ZERO, UM, DIFFERENCE ON THE SOUTH SIDE, SHE CAN MAKE IT EQUAL TO THE NORTH SIDE OF 7.81 AND STILL HAVE A LITTLE SLIVER OF A DRIVEWAY ON THE SOUTH SIDE AS WELL, BUT MIGHT STILL BE, UH, MOVING ON TWO VARIANTS REQUESTS.
THE, THE OTHER, THE OTHER THING THAT SHE COULD POTENTIALLY DO IS, UM, YOU KNOW, AND, AND ANTHONY, YOU'D HAVE TO TELL ME IF THIS FITS WITHIN THE, THE SPATIAL ALLOWANCES, UM, BECAUSE THAT CROSSWALK GOES LITERALLY RIGHT IN THE MIDDLE OF THAT, OF THAT DRIVEWAY.
UM, BUT SHE HAS SOME BRICK PAVERS ON THERE.
SHE COULD REMOVE THE DRIVEWAY PART AND LEAVE IT AS A PATIO POTENTIALLY ALSO, CORRECT? WELL, NOT, NOT IF IT'S STILL ZERO
YEAH, WELL THAT'S WHAT I'M ASKING.
NOT TO ZERO NOR IF IT'S GONNA BE PARKED ON.
SO EVEN IF YOU HAD AN AREA THAT YOU CALL THE PATIO AND YOU'RE ACTUALLY GONNA PARK A CAR ON IT, IT WOULD STILL BE A DRIVEWAY.
YEAH, NO, I'M NOT, I MEAN THAT SHE WOULDN'T PARK A CAR ON IT ANYMORE.
SHE'D HAVE TO PUT GRASS IN FRONT OF IT AND EVERYTHING TO THE CURB.
BECAUSE THERE'S, THERE'S, IF YOU LOOK AT IT, SHE HAS BLACKTOP TO THE STREET AND THEN THERE IS A PARTIAL BRICK AREA YES.
THAT SHE'S PARKING ON THE PATIO WOULD HAVE TO BE 10 FEET OFF THE PROPERTY LINE.
WHICH IT LOOKS LIKE IT IS ABOUT THAT.
WELL, NOT ONLY THAT, ANTHONY, WOULDN'T THEY, SHE HAVE TO ALSO REMOVE THE CURB CUT, IN OTHER WORDS, PUT A CURB UP.
AND, AND THEY'RE, YOU KNOW, THE CURB CUTS HAVE TO BE REVIEWED BY D P W.
ANYTHING ELSE? ALRIGHT, SO THIS IS GONNA BE A ADJOURNED.
CAROL, WHEN'S THE NEXT MEETING? FEBRUARY 15TH.
ARE WE STICKING WITH THE TIME? I, THERE'S SOME EMAILS GOING AROUND, BUT YEAH, WE CAN TALK ABOUT THAT NOW AS WELL.
UM, IT'S, IT'S NOT, IT'S, IT'S BETTER THAN ONE O'CLOCK, WHICH WE HAD FOR A WHILE.
NORMALLY WHEN WITHOUT COVID, OUR MEETINGS WERE AT SEVEN 30.
AND I WILL TELL YOU THAT, UH, FOR THOSE OF YOU WHO ARE NEW TO THIS, THAT SEVEN 30 MEANS SOMETIMES WE AT THE EARLIEST MIGHT GET OUT BY NINE 30 OR 10.
USUALLY IT'S AROUND 10 30, 11 AND SOMETIMES LATER THAN THAT.
[02:00:01]
SO THE GOOD THING IS ZONING BOARD ONLY MEETS ONCE A MONTH.SO ANY SUGGESTIONS FOR ANY OTHER TIMES, AND IT CAN BE ANY TIME YOU CAN SAY, WELL, I PREFER 11 IN THE MORNING, OR SOMEBODY ELSE COULD SAY, I PREFER EIGHT AT NIGHT.
SO JUST THROW OUT SOME TIMES AS TO EVERYBODY'S PREFERENCE.
SPEAKING FOR MYSELF, OBVIOUSLY I DON'T WANT, I MEAN, I, I KNOW FROM THE OLD DAYS, I DON'T WANNA BE THERE AT MIDNIGHT, 12, YOU KNOW, I WANNA, I WOULD PREFER BEING OVER BEFORE IT GETS LATE.
SO WHATEVER THAT MEANS TO EVERYBODY, THAT'S MY PREFERENCE.
ANTHONY GAVE ME THE THUMBS UP.
HE, HE, HE CALLED ME BEFORE THEY TOLD ME TO, TO GO FOR THE OTHER THING, LIZ, THAT WE HAVE ONCE, UH, ONCE THINGS GET BACK TO NORMAL IS THAT WE DON'T, WE DON'T HAVE WHAT WE HAD TONIGHT, WHICH IS NOBODY FROM THE AUDIENCE SPEAKING ON CASES.
INVARIABLY, THERE ARE PEOPLE WHO SHOW UP.
THERE ARE CERTAIN REGULARS WHO SHOW UP, BUT BECAUSE OF COVID, UH, EITHER THEY'RE NOT AVAILABLE TO DO IT OR AWAY OR WHATEVER IT MAY BE.
SO WE ALSO HAVE TO BE, TO SOME EXTENT, CONSIDERATE OF THE NEIGHBORS BECAUSE PEOPLE COME IN AND THEY WANNA PUT THEIR, UM, WE WE'RE NOT THE TOWN BOARD WHERE PEOPLE CAN MAKE IN CALLS, BUT THEY HAVE TO COME IN OR THEY HAVE TO WRITE IN.
AND A LOT OF PEOPLE DON'T LIKE TO NECESSARILY WRITE OR THEY HEAR SOMETHING BEING SAID AND THEY WANNA COME IN AND SPEAK.
SO WE TRY TO ALSO, AT LEAST I, I KEEP THAT IN MIND THAT WE'RE NOT INTERFERING WITH, UH, USUAL FAMILY TIME OR DINNER TIME, SO TO SPEAK.
THIS IS REGARDING THIS CASE I'M WORKING ON WHERE THE, UH, IT'S THE F A R THAT WE'RE TALKING ABOUT, AND THE, THE F A R WAS ALREADY NON-CONFORMING FROM WHAT IS PERMITTED AND WE'RE EXTENDING IT ANOTHER NINE, TWO SQUARE FEET.
NO, BUT KEEP IN MIND THE F THIS HOUSE WAS BUILT BEFORE THE F A R WENT INTO EFFECT.
SO WHEN I'M LOOKING AT THE PERCENTAGE, THE PERCENTAGE IS FROM THE EXISTING 27 58 TO THE 28 50, WHICH IS 92 SQUARE FEET.
OR DOES IT GO BACK TO, IF I WERE YOU, I WOULD COMMENT ON IT BEING WHAT IS PERMITTED VERSUS WHAT IS BEING PROPOSED.
HOWEVER, I WOULD SAY THAT THE EXISTING IS BLAH, BLAH, BLAH, WHICH IS, AND THEN I WOULD TAKE THAT DIFFERENCE BETWEEN WHAT IS EXISTING AND THEN WHAT IS PROPOSED.
THAT'S THE MAGNITUDE SQUARE FEES BECAUSE THE, UM, YES, BECAUSE THE, THE HOUSE WAS BUILT BEFORE THERE WAS AN, UH, YOU KNOW, F A R WAS IN EFFECT.
AND IT'LL CORRECT ME IF I'M WRONG.
I WAS JUST TRYING TO LOOK AT THE TIMES THAT THE OTHER BOARDS ARE MEETING.
THE C A C MEETS AT SIX 30, PLANNING BOARD MEETS AT FIVE.
AND I THINK THE HISTORIC BOARD, CAROL, YOU CAN CORRECT ME.
WHEN DID THEY MEET? WHAT TIME? FOUR.
SO YOU ARE NOT
SO GIVE US SUGGESTIONS LESS WHEN YOU SAID YOU DON'T WANNA BE THERE LATE.
I'M, I'M JUST TELLING YOU THAT WE'VE, WE HAVEN'T HAD THE, THE NUMBER OF CASES THAT WE NORMALLY WOULD HAVE, AND WE HAVEN'T HAD ANY DIFFICULT CASES REALLY DURING COVID, WHICH HAS BEEN A BLESSING FOR US, ALTHOUGH WE MAY HAVE ONE COMING UP.
UHOH, SOMEBODY KNOWS SOMETHING WE DON'T KNOW.
OH, YOU, IT'S GOTTA BE A NIGHTMARE.
SO I'M JUST SAYING, YOU MAY HAVE TO, YOU MAY HAVE TO BRING YOUR PILLOW IN YOUR WHATEVER, A COUPLE OF NIGHTS.
BUT WHEN EVE TALKED ABOUT, YOU KNOW, IN THE PAST 11 GOING TO 11 OR OR MIDNIGHT, THAT IS WHEN SHE SAID SEVEN 30, THAT'S NOT REALLY THE CASE THAT THE, THE OLD BOARD MET THE MEETING STARTED AT EIGHT.
WE WOULD COME IN AT SEVEN 30 TO DISCUSS THE AGENDA AND THINGS LIKE THAT.
BUT, UH, THE MEETING DID NOT START TOO LATE.
SO IF YOU WANNA START THE MEETING AT LET'S SAY SIX 30, THEN YOU HAVE TO, LET'S SAY ASSUMING 11 O'CLOCK IS THE, THE, UH, THE CLOSING TIME THAT IF YOU TAKE AN HOUR AND A HALF OFF OF THAT, YOU'RE TALKING ABOUT NINE 30 I THINK.
NOW, I DON'T KNOW IF YOU CONSIDER THAT LATE.
[02:05:01]
WHAT TIME IS BETTER FOR YOU?UM, GETTING HERE AT FIVE WAS GET, I MEAN, IT'S ONE TIME A MONTH.
SOME OF MY CASES ACTUALLY GO TILL FIVE.
AND WHEN I'M IN, WHEN I'M ACTUALLY IN COURT, YOU KNOW, REAL COURT, UM, IT, I HAVE TO GET BACK FROM WHERE I AM.
SO, SO, SO WOULD SIX BE BETTER? SIX WOULD BE BETTER, YES.
I MEAN, SIX IS MUCH BETTER THAN EIGHT WHERE WE WERE AT BEFORE
YOU'RE SING
NEXT THING YOU KNOW, WE'RE, YOU'RE EASING ME BACK INTO BEING EIGHT O'CLOCK AGAIN.
IS THAT WHAT THE BOTTOM LINE IS? NO, NO.
WE'RE HEADING BACK TO EIGHT O'CLOCK.
I THINK WE SHOULD PICK A NEW TIME, NOT PICK FIVE NEXT TIME AND THEN SOMETHING ELSE AFTER THAT, BECAUSE THEN PEOPLE START GETTING CONFUSED.
I THINK, UM, FOUR O'CLOCK WORKS FOR NOW, BUT WHEN WE HAVE, WHEN WE'RE MEETING IN PERSON, SIX O'CLOCK IS PROBABLY A BETTER TIME BECAUSE, YOU KNOW, IF YOU HAVE KIDS OR YOU HAVE PETS OR WHATEVER, YOU CAN GET THEM ALL SITUATED BEFORE YOU HAVE TO GO OUT THE DOOR.
LIKE BEING GONE FROM FOUR TO NINE O'CLOCK, I THINK IS GONNA BE TOUGH ON PEOPLE LIKE
NOT TO MENTION WHAT, NOT TO MENTION HAVING DINNER.
SO I, I MEAN, FOUR O'CLOCK DINNER WORKS WHILE WE'RE ON ZOOM.
I'M, I'M NOT SURE IF IT'S GONNA WORK WHEN WE GO IN PERSON.
UM, CERTAINLY SIX IS A LOT BETTER THAN EIGHT O'CLOCK AT NIGHT, SO I HEAR ONE SIX.
SO ARE WE SAYING STARTING FEBRUARY IS GONNA BE SIX O'CLOCK OR, I DUNNO, I THINK CAROL HAS TO CHECK WITH THE OTHER BOARDS AND SEE WHEN THEY'RE ON AND WHAT THEIR SCHEDULES ARE.
WE'RE THE ONLY ONES ON THAT ARE ON THURSDAY.
I THOUGHT THERE WAS ANOTHER ONE ON THURSDAY.
YEAH, THERE WAS SOMETHING BECAUSE REMEMBER, UH, UH, WE HAD CON YEAH, C A C BUT I THINK THAT WAS, I THINK THAT'S BEEN RESOLVED, BUT I DON'T THINK ANYTHING HAS BEEN PLACED ON THE CALENDAR FOR NEXT YEAR YET.
UM, SO WE, I DON'T KNOW WHEN IT'S COVID IS GONNA STOP SO THAT WE CAN MEET IN PERSON.
THE C P HAS PREFERENCE PRIORITY ON THE, UH, THIRD THURSDAY OF THE MONTH.
I DON'T THINK IT'S GONNA BE A PROBLEM.
UM, NOW YOU'RE TALKING WHEN COVID IS DONE OR YOU TALKING ABOUT I'M TALKING NOW.
AND THEN WE, THEN WE WOULD TRY TO STICK WITH IT IF WE COULD.
SO EVERYBODY WANTS IT FOR SIX THEN I WILL MAKE SURE THAT EVERYBODY KNOWS IT'S SIX O'CLOCK.
THE NEXT, THE NEXT MONTH'S, UH, LEGAL NOTICES.
WELL, WE'RE DONE WITH THAT ISSUE.
SO WHERE ARE WE WITH OUR DECISIONS? I'M DONE.
SO WE CAN GO BACK ON, BACK ON.
WELL, WE CAN WAIT TILL EIGHT O'CLOCK THOUGH.
NOW ARE WE GOING TO READ OUR DEC OUR FINDINGS? RIGHT? WELL, THAT'S OUR NEXT QUESTION.
THAT'S OUR, WELL, OH, WELL, I DON'T EVEN KNOW WHAT TIME IT IS.
WELL, WE HAVE THREE DECISIONS, SO I GUESS WE COULD READ THEM TONIGHT.
AND NONE OF THEM ARE PARTICULARLY COMPLICATED.
AND THAT'S JUST FOR THE NEW MEMBERS.
SOMETIMES WHEN WE HAVE FINDINGS THAT ARE SOMEWHAT LENGTHY AND, AND IT GETS TO BE SOMEWHAT LATE, WE
[02:10:01]
CAN WAVE READING THOSE FINDINGS FOR THE NIGHT.WE HAVE TO, WE HAVE TO MOTION AND DETERMINE AND VOTE ON THE CASE, BUT SOMETIMES WE CAN LEAVE THE FINDINGS FOR LATER AND LET PEOPLE READ THEM OR VIEW THE VIDEOS TO HEAR THEM, ET CETERA.
I, THE TRANSCRIPTS, NOT VIDEOS.
SO ARE WE READY TO GO BACK ON THE RECORD SINCE WE DON'T GET UP OUT OF OUR CHAIRS AND MOVE AROUND? WHERE'S GARRETT? I THINK HE'S GONNA NOTIFY JANELLE.
HOW DO WE, HOW DO WE GET GARRETT? I DON'T KNOW.
WE JUST KEEP YELLING HIS NAME.
HE'S ON MUTE AND HE TOOK HIS VIDEO OFF.
I JUST, THERE IS A PHONE CALL THERE.
WHAT CAN I DO FOR YOU? HEY, I DO IT.
SO YOU'VE BEEN RUNNING LIVE AND THAT'S THAT.
AS LONG AS THE STENOGRAPHER'S, UM, READY? DEBBIE, ARE YOU GOOD THERE? UH, YES, WE'RE GOOD.
SO, UM, WE ARE BACK TO GIVE YOU THE RESULTS OF OUR DELIBERATIONS FOR THIS EVENING AND FOR THE FIRST CASE TONIGHT CASE 2027.
WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE, AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT NOW, THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATIONS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
AND DO I HAVE A SECOND? SECOND.
THE MOTION I MOVE THAT APPLICATION, UM, THAT YOU, THAT THE APPLICATION IN CASE NUMBER 20 DASH 27 BE GRANTED PROVIDED THAT, UH, ONE, THE APPLICANT WILL OBTAIN ALL NECESSARY APPROVALS AND FILE THE SAME THE BUILDING DEPARTMENT.
THAT CONSTRUCTION BEGAN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL.
HOLD ON, LEMME MOVE A LITTLE CLOSER.
LEMME PUT THIS EAR PIECE BACK IN.
I MOVED AT THE APPLICATION IN CASE NUMBER 20 DASH 27.
PROVIDED THAT ONE, THE APPLICANT WILL OBTAIN ALL NECESSARY APPROVALS AND FILE THE SAME WITH THE BUILDING DEPARTMENT.
THAT THE CONSTRUCTION BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE, THE, THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF THE BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED NOVEMBER 5TH, 2020, SUBMITTED IN SUPPORT OF THIS APPLICATION, THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENT SHOWN ON THE PLANS SUBMITTED IN SUPPORT OF THIS APPLICATION ONLY ANY FURTHER OR ADDITIONAL CONSTRUCTION THAT IS, THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE, THE ZONE ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACKS AND OTHER VARIANCES.
WE HAVE APPROVED HEREIN FURTHER, FURTHER THAT THE FOLLOWING CONDITION SHALL BE MET.
THE SUBMISSION CLEARLY DELINEATES THE HEIGHT AND SETBACKS OF YARD MATERIALS.
THEN SECOND, WHAT, WAS THERE ANY CONDITION? WERE YOU CONSIDERING ANY CONDITION FOR SCREENING? UM, THE SCREENING WASN'T PUT IN THE DENIAL LETTER.
SO THERE ARE ACTUALLY TWO DENIAL LETTERS HERE.
WELL, SCREENING WOULDN'T BE IN THE DENIAL LETTER.
THERE WOULD BE A CONDITION THAT YOU WOULD WANT TO IMPOSE.
WELL, NO, IN THE FIRST, I HAVE TWO DENIAL LETTERS IN MY PACKET THAT I'M LOOKING AT.
NOW, THERE WAS A SCREENING REQUIREMENT OF THERE WAS THIS REQUIREMENT OF SIX FEET.
[02:15:01]
SO YEAH, THAT NEEDS TO BE ADDED IN.I HAVE TWO DENIAL LETTERS IN FRONT OF ME.
THE LAST ONE THAT WE HAD, YOU PUT IT IN THERE.
AND ARE WE REQUIRED, DO WE ADD THAT IN? THAT WE REQUIRE THAT THEY DO HAVE SCREENING? UH, NO, IT'S NOT, UH, ANTHONY A REQUIREMENT.
I THOUGHT THEY ALREADY PUT A
WHAT WAS THE QUESTION? IS IT, IT'S NOT WHETHER THERE'S A NEED.
THE THE QUESTION IS IN THE DENIAL LETTER.
WHAT'S THE DATE OF THAT DENIAL LETTER? BOTH THAT I HAVE, SAY SEPTEMBER 22ND ONE HAS AN ASTERISK ONE DOESN'T WHAT, WHICH CASE ARE WE ON? LET ME GRAB THE FOLDER.
I, I HAD EMAILED, I HAD EMAILED THE REVISED DENIAL SEVEN AND ORDER NO, 70 RIVER ROAD.
WELL, THE SCREENING WOULD BE TO MITIGATE THE, THE, THE, THE VARIANCES.
THE VARIANCES ARE PRETTY, YOU KNOW, EXTENSIVE ONE.
SO THERE'S CLEARLY NO, UH, OPPORTUNITY TO PROVIDE SCREENING THERE.
WELL, THE ZEROS ACTUALLY, THE ZEROS ACTUALLY CHANGED TO FOUR FEET ON THE PLANS THAT WERE SUBMITTED.
THE, THE, A APPLICANT HAD STATED THAT HE WAS GONNA PUT THE SLOTS IN THE FENCE.
THAT'S WHAT DURING THE MEETING.
SO YOU SHOULD MAKE THAT A, UM, BUT YOU SEE HERE I HAVE ON THIS DENIAL, IT DID SAY SCREENING AS HMM.
BUT IN THE LAST ONE THAT WAS SUBMITTED THERE WASN'T.
SO WE'LL PUT IT AS A CONDITION.
SO THROW ONE IN AND SAY TO THE SATISFACTION OF THE TOWN, WHICH OFFICER? UH, ANTHONY FORESTRY FOREST.
YEAH, I THINK THE SLOTS ARE EVEN ALREADY IN.
IT SAYS ON THERE THEY PUT 'EM IN.
BUT YEAH, KEEP IT AS A CONDITION.
WHAT DON'T YOU JUST SAY, ADD A CONDITION SAYING AS, UH, PROVIDED BY THE APPLICANT, SCREENING SHALL BE PROVIDED TO THE SATISFACTION OF THE FORESTRY TOWN FORESTRY OFFICER.
FINDINGS, NEGLECTING THIS APPLICATION, THE ZONING BOARD HAS WEIGHED THE BENEFIT TO BE
PROVIDED THAT THE CONDITIONS ARE FULLY COMPLIED WITH, UM, THE APPLICANT HAS TAKEN THE OPPORTUNITY TO REDUCE REQUESTED VARIANCE FOR HEIGHT AND REDUCE THE FRONT LINE REQUESTED FOR PILE TWO AND THREE.
UM, THE GOAL OF THE APPLICANT CANNOT BE ACHI.
THE GOAL OF THE APPLICANT CANNOT BE ACHIEVED BY SOME OTHER FEASIBLE MEANS WITHOUT, UM, PRIOR TO VARIANCES.
WE ARE GRANTING HERE, UM, THE REQUESTED VARIANCES IS NOT, IS SUBSTANTIAL IN RELATION TO THE REQUIREMENTS SOUGHT TO TO BE VARIED IN THAT PILE.
NUMBER ONE ON THE NORTH SIDE, THE LOT LINE, THE REQUEST IS SEVEN FOOT COMPARED TO 20 FOOT REQUIRED, WHICH IS A 72% DECREASE PILE TWO AND THREE FRONT LINE.
UM, THE REQUEST IS FOR FOUR, FOUR FEET WITH COMPARED WITH 25 FEET REQUIRED, WHICH IS 85%, 84%, EXCUSE ME, PILE FOUR SOUTH BLO LINE, THE REQUEST OF RELIEF IS ONE FOOT SIX INCHES COMPARED WITH 25 REQUIRED, WHICH IS 94%.
[02:20:01]
UM, THE APPLICANT'S LEAD FOR A VARIANCE, EXCUSE ME, THE APPLICANT'S NEED FOR A VARIANCE WAS SELF-CREATED BECAUSE HE, SHE, IT FELT PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE REQUIREMENTS OF THE ZONING ORDINANCE.HOWEVER, THE FACT THAT AN APPLICANT'S NEED FOR AN AREA OF VARIANCE IS SELF-CREATED, DOES NOT REQUIRE ITSELF, REQUIRE US TO DENY AN AREA OF VARIANCE.
I HAVE A QUESTION, ED, IN THE, UM, IN THE AGENDA IT DOES MENTION THE HEIGHT, BUT THE APPLICANT DID STATE, UM, DO WE HAVE TO PUT THAT IN AS A CONDITION THAT THEY WOULD NOT, UM, DO THE PILES ANY HIGHER OF THE MATERIALS THAN SIX FEET? HOLD, HOLD ON.
DID DID YOU, DID I, DID YOU GUYS, DID I LOSE YOU? NO.
YOU WHAT PART? DIDN'T YOU HEAR IT? DID WE GO BACK UP THE TOP OF FINDINGS? NO, IF YOU PUT IT IN, YOU'RE, YOU PUT IT IN THE STENOGRAPHER HAS IT? THAT'S ALL.
JEFFREY STREIS SPELL, WAIT A MINUTE.
IT WOULD HAVE TO BE, THE HEIGHT WOULD BE IN THE CONDITIONS.
YOU'D HAVE TO I HAVE THE ADDED CONDITION'S.
I SAID WAS IT IN THERE? AND HE SAID, DID YOU NOT HEAR ME? SO I SAID MAYBE I MISSED IT.
NO, 'CAUSE THE, THE OKAY, HE, THEY AGREED TO STAY BELOW THE SIX FEET.
THEY'RE NOT GOING ABOVE SIX FEET AT THIS POINT.
I UNDERSTAND THAT, BUT THE, THE AGENDA HAS THAT AS ONE OF THE VARIANCES THEY WERE SEEKING.
SO JUST SAY AS PROVIDED BY DEBBIE.
NEXT NUMBER CONDITION AS AS, UH, PROVIDED BY THE APPLICANT.
NONE OF THE PILES IN QUESTION SHALL BE GREATER THAN SIX FEET IN HEIGHT.
NOW, TECHNICALLY YOU SHOULD REVOKE FOR THE TWO ADDITIONAL CONDITIONS.
DO I, DO I HAVE A SECOND? AND SHALL I MAKE A SECOND?
YOU DON'T HAVE TO REDO THE FINDINGS THAT I'LL FIX IT.
AND NEXT IS 2028 JEFFREY STREIS, UH, SEVEN ANDOVER ROAD HARTSDALE AND THAT IS LEGALIZING THE DECK AND PATIO.
AND WHEREAS THE GREENBERG C B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO C A COMPLIANCE AND WHEREAS THE GREENBERG C B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT.
NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
ALL IN DO I HAVE A MOTION? I'M SORRY.
DO I HAVE A SECOND? AYE SECOND.
AND DO I HAVE A MOTION? UH, YES.
UM, MADAM CHAIR, I MOVE THAT THE APPLICATION IN CASE NUMBER 2028 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE, SAME WITH THE BUILDING DEPARTMENT.
CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF THE BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED JANUARY 12TH, 2021, SUBMITTED IN SUPPORT OF THIS APPLICATION.
OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATIONS DO NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
THE VARIANCES BEING GRANTED ARE FURTHER IMPROVEMENTS SHOWN ON THE PLANS SUBMITTED IN SUPPORT OF THIS APPLICATION.
ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
WELL, THE, DO I HAVE A MOTION? I'M SORRY.
YOU SHOULD UH, ALSO ADD A CONDITION THAT THE SIDE YARD, UH, SETBACK TO THE PATIO IS FOUR FEET, NOT THE ORIGINAL 0.3 0.33 FEET, BUT THEY DID REDID THEIR
[02:25:01]
LETTER.WELL, THE, THE APPLICATION SAYS 0.33 FEET.
SO WHAT DO YOU WANT ME TO SAY? YOU SAID A AS, UH, AS SUBMITTED BY THE DEBBIE, YOU'RE GETTING THIS SUBMITTED BY THE APPLICANT.
THE SETBACK FROM THE UM, SIDE YARD TO THE PATIO IS GRANTED TO FOUR FEET ONLY.
WASN'T IT ZERO FEET? IT WAS ORIGINALLY 0.33 FEET.
DO I HAVE A MOTION? AND SECOND, I'M SORRY, I SECOND I CHAIR SECOND.
DO I UH, DO WE HAVE FINDINGS? UH, YES.
IN GRANTING THIS APPLICATION, THE ZONING BOARD HAS WEIGHED THE BENEFIT TO BE DERIVED BY THE APPLICANT FROM THE PROPOSED VARIANCE AGAINST THE IMPACT THAT THE VARIANCE WOULD HAVE ON THE SURROUNDING NEIGHBORHOOD.
WE HAVE FOUND THAT GRANTING THE VARIANCES WILL NOT RESULT IN A DETRIMENT TO NEARBY PROPERTIES AND WILL NOT ADVERSELY IMPACT THE CHARACTER OR PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT BECAUSE THE PATIO AND DECK ARE EXISTING AND HAVE BEEN IN THEIR CURRENT LOCATION, WHICH IS THE FLATTEST PART OF THE LOT FOR 40 PLUS YEARS TO DATE, THERE HAVE NOT BEEN ANY ISSUES WITH THE THE ADJACENT NEIGHBOR.
THE PATIO IS SCREENED COMPLETELY FROM THE STREET AND DOES NOT POSE ANY ENVIRONMENTAL ADVERSE ENVIRONMENTAL IMPACTS.
THE GOAL OF THE APPLICANT CANNOT BE ACHIEVED BY SOME OTHER FEASIBLE MEANS WITHOUT REQUIRING THE VARIANCE WE ARE GRANTING BECAUSE THE DECK AND PATIO ARE EXISTING AND ARE LOCATED IN THE FLATTEST AREA OF, UM, OF THE SITE.
HOWEVER, THE APPLICANT HAS REDUCED THE SIZE OF THE REQUESTED VARIANCE NEEDED FOR THE PATIO FROM 0.33 FEET TO FOUR FEET BY PULLING BACK THE PATIO FROM THE SIDE YARD, LOT LINE AND PLANTING SHRUBS AND LANDSCAPING TO FURTHER SCREEN IT FROM THE NEIGHBORING PROPERTY.
IN ADDITION, DUE TO THE SLOPE AND STEEP TOPOGRAPHY OF THE SITE, REMOVING THE EXISTING LOW RETAINING WALL TO FURTHER REDUCE THE VARIANCE FOR THE PATIO WOULD ADVERSELY IMPACT THE ENVIRONMENT AND THE ADJACENT NEIGHBORING PROPERTY.
THE REQUESTED SIDE YARD VARIANCE FOR THE PATIO IS SUBSTANTIAL IN RELATION TO THE REQUIREMENTS SOUGHT TO BE VARIED AND THAT THE REQUESTED RELIEF IS FOUR FEET COMPARED WITH 10 FEET REQUIRED A 60% DECREASE IN THE REQUIRED SIDE YARD.
THE REQUESTED FRONT YARD VARIANCE FOR THE DECK IS NOT SUBSTANTIAL IN RELATION TO THE REQUIREMENTS SOUGHT TO BE VARIED AND THAT THE REQUIRED RELIEF IS 11.16 FEET COMPARED WITH 15 FEET REQUIRED A 26% DECREASE IN THE REQUIRED FRONT YARD.
THE APPLICANT'S NEED FOR THE VARIANCE WAS SELF-CREATED BECAUSE HE PURCHASED THE PROPERTY WITH KNOWLEDGE OF THE REQUIREMENTS OF THE ZONING ORDINANCE.
HOWEVER, THE FACT THAT AN APPLICANT'S NEED FOR AN AREA VARIANCE AND SELF-CREATED DOES NOT BY ITSELF REQUIRE US TO DENY AN AREA VARIANCE.
AND THE NEXT CASE IS CASE, UH, 2029, WHICH IS ADJOURN FOR ALL PURPOSES TO THE MEETING OF FEBRUARY 15TH.
AND THE NEXT CASE IS CASE 2033, LESLIE ALPERT, UH, SHOOTING FRIGHT.
AND THAT CASE IS YOU NEED A SEEKER FOR THE SEEKER.
UH, WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO C A COMPLIANCE AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
AND DO WE HAVE A MOTION? I DO.
MADAM CHAIR, I MOVE THAT THE APPLICATION IN CASE NUMBER 20 DASH 33 BE GRANTED PROVIDED THAT THE APPLICANT WILL OBTAIN ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENT AND THE CONSTRUCTION SHALL BE IN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED NOVEMBER 23RD, 2020 SUBMITTED IN SUPPORT OF THIS APPLICATION AND THAT THE VARIANCE
[02:30:01]
VARIANCE BEING GRANTED ARE FOR THE IMPROVEMENT SHOWN ON THE PLANS SUBMITTED IN SUPPORT OF THIS APPLICATION ONLY.ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE WILL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN AND ADD LOU ADD ONE MORE THAT THE VARIANCE BEING GRANTED IS FOR, UH, AN F A R OF 28 50, NOT 28 59 AS ORIGINALLY NOTICED.
UH, DO I NEED TO ADD THAT OR DEBBIE'S GONNA ATTACH THAT ALREADY? I HAVE THE CORRECT SQUARE FOOTAGE SHE PERCENTAGE CALCULATION.
DO WE HAVE FINDINGS? UH, I DO.
UM, IN GRANTING THIS APPLICATION, THE ZONING BOARD HAS WEIGHED THE BENEFIT TO BE DERIVED BY THE APPLICANT FROM THE PROPOSED VARIANCE AGAINST THE IMPACT THAT THE VARIANCE WOULD HAVE ON THE SURROUNDING NEIGHBORHOOD.
WE HAVE FOUND THAT GRANTING THE VARIANCE WILL NOT RESULT IN A DETRIMENT TO NEARBY PROPERTIES AND WILL NOT ADVERSELY IMPACT THE CHARACTER OR PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD.
UH, BECAUSE THE CHANGE WILL NOT AFFECT THE VISUAL AESTHETICS OF THE PROPERTY NOR IMPACT THE PHYSICAL ASPECTS OF THE PHYSICAL STRUCTURES.
THE ENCLOSURE OF THE PORCH STAYS WITHIN THE FOOTPRINT OF THE EXISTING STRUCTURE AND DOES NOT EXTEND BEYOND THE FOOTPRINT IN ANY WAY.
THE GOAL OF THE APPLICANT CAN'T BE ACHIEVED BY SOME OTHER FEASIBLE MEANS WITHOUT REQUIRING THE VARIANCE WE ARE GRANTED BECAUSE THE GOAL CAN BE ACHIEVED BY UTILIZING THE EXISTING COVERAGE SPACE OF THE EXISTING PORSCHE.
THE REQUESTED VARIANCE IS NOT SUBSTANTIAL IN RELATION TO THE REQUIREMENTS SOUGHT TO BE VARIED AND THAT THE REQUESTED RELIEF IS 2,850 SQUARE FEET COMPARED WITH THE 2,758 SQUARE FEET REQUIRED A 3% INCREASE.
UM, THE APPLICANT'S NEED FOR THE VARIANCE WAS SELF-CREATED BECAUSE SHE PURCHASED A PROPERTY WITH THE KNOWLEDGE OF THE REQUIREMENTS OF THE ZONING ORDINANCE.
HOWEVER, THE FACT THAT, UM, APPLICANT'S NEED FOR AN AREA VARIANCE IS SELF-CREATED, DOES NOT BY ITSELF REQUIRE US TO DENY AN AREA VARIANCE.
COULD YOU JUST REPEAT WHAT YOU HAD FOR THE REQUIRED OR COMMITTED SQUARE FOOTAGE? UM, THAT IT'S, UH, REQUESTING 28 50 MM-HMM.
I DON'T BELIEVE THAT'S ACCURATE.
WELL THAT WAS MY QUESTION THAT I WAS ASKING EARLIER ABOUT.
DO I MAY, BASED UPON MAY I'LL FIX IT.
YOUR FINDINGS THAT, UH, THE, THE, THE EXISTING HOUSE IS 27 58.
HOWEVER, IT WAS BUILT PRIOR TO THE F A R, UH, YOU KNOW, BEING ENACTED RESTRICTION.
'CAUSE I'D HAVE TO, WE CALCULATE THE PERCENTAGE.
TAKING THE DIFFERENCE FROM THE PERMITTED VERSUS THE PROPOSED AS OPPOSED PUT, YOU COULD PUT BOTH NUMBERS IN VERSUS THE PROPOSED WHAT IT'S, YEAH, YOU COULD HAVE PUT IN WHAT IT IS FROM THE PERMITTED PERMIT, UH, PERMIT TO WHAT IT IS BECAUSE OF WHEN THE HOUSE WAS BUILT LEGALLY, WHAT IT WAS.
AND YOU CAN COMPARE THOSE TWO NUMBERS IF YOU WANT TO.
ED, DOES THAT MAKE SENSE? YES.
I'M ASKING DOES IT MAKE SENSE TO YOU
UM, THE NEXT CASE IS CASE 21 0 1 76 HILLCREST AVENUE.
THAT'S RICARDO AND ANGEL ESTEVEZ.
AND THAT IS BEING ADJOURNED FOR ALL PURPOSES TO THE MEETING OF FEBRUARY 15TH.
AND THE NEXT CASE IS CASE 2102, EVA WISKA PROPERTY, 200
[02:35:01]
OLD ARMY ROAD SCARSDALE.AND THAT ALSO IS BEING ADJOURNED FOR ALL PURPOSES TO THE MEETING OF FEBRUARY 15TH.
AND WITH THAT, WE ARE FINISHED WITH OUR FIRST MEETING OF THE YEAR AND I THINK WE DID A WONDERFUL JOB.
AND I, AGAIN, WE ARE NEW, TWO NEW BOARD MEMBERS SO WE CAN HAVE MORE DISCUSSIONS AND, UM, THINGS WE CAN DO TO HOPEFULLY, UM, SERVICE OUR COMMUNITY AND BENEFIT, UH, THOSE THAT NEED TO HAVE AN EAR TO, TO, TO LISTEN TO WHAT THEIR COMPLAINTS ARE AND ASPIRATIONS.