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WELL, GOOD EVENING

[00:00:01]

AND WELCOME TO

[ TOWN OF GREENBURGH PLANNING BOARD GREENBURGH TOWN HALL AGENDA WEDNESDAY, February 17, 2021 – 5:00 P.M. Meetings of the Planning Board will be adjourned at 8:00 p.m. ]

THE WEDNESDAY, FEBRUARY 17TH, 2021 MEETING OF, UH, THE PLANNING BOARD FOR THE TOWN OF GREENBURG.

I ASKED, UH, DEPUTY COMMISSIONER SMI TO CALL THE ROLE CHAIR PRESIDENT SIMON.

YEAH.

MR. SCHWARTZ PRESENT.

MR. GOLDEN? HERE.

MR. DESAI? HERE.

MR. HEAD HERE A NOTE FOR THE RECORD THAT BOARD MEMBER LOAN, AFRAID TAG WILL NOT BE WITH US THIS EVENING, AND BOARD MEMBER SNAS INDICATED HE MADE YOU LATE THIS EVENING.

THANK YOU.

OKAY.

UH, THANK YOU.

THE FIRST THING ON THE AGENDA IS APPROVAL OF THE MINUTES OF FEBRUARY THE THIRD.

UH, UH, THERE ANY COMMENTS, UH, FOR CORRECTION TO THE MINUTES OF, UH, FEBRUARY THE THIRD? UH, IF THERE'S NONE FROM THE BOARD MEMBERS, OTHER BOARD MEMBERS, I'D LIKE TO MAKE A CORRECTION OF MEMO ON PAGE FIVE.

THE SECOND PARAGRAPH, 1, 2, 3 LINES DOWN.

IT SAYS, CHAIRPERSON SIMON DISCLOSED THAT 25 YEARS AGO WHILE A MEMBER OF GRACE.

I STILL AM, SO IT SHOULD BE WHILE HE WAS A MEMBER OF GRACE CHURCH.

I AM STILL AM I SHOULD JUST READ WHILE A MEMBER OF GRACE CHURCH, SO, OKAY.

ION, HE WAS VERY WELL.

THANK YOU.

OKAY, I, I ACCEPT THE MINUTES AS AMENDED, MA'AM.

SO ALL IN FAVOR OPPOSED IRE.

UM, OKAY, ONE CALL, UH, THE, THE NEXT THING, THE NEXT ITEM ON THE AGENDA IS, UH, A DRAFT APPROVAL LETTER FOR, UM, FOR THE, UH, DOWNWOOD SHOPPING CENTER.

THAT'S PB 2027 CHAIRPERSON SIMON.

SO I'LL JUST HAVE A FEW OPENING REMARKS AND THEN, UH, WE CAN GET TO THE DECISION, UH, AS CHAIRPERSON SIMON MENTIONED.

NEXT CASE IS PB 2027 DALEWOOD TWO SHOPPING CENTER LOCATED AT 3 77 CENTRAL PARK AVENUE, NORTH HARTSDALE, AND THE CA CENTRAL AVENUE MIXED USE IMPACT ZONING.

DISTRICT PLANNING BOARD WILL BE CONSIDERING A DECISION ON THE APPLICANT'S PLANNING BOARD, SPECIAL PERMIT, RESTAURANT APPLICATION, AND PLANNING FOR SHARED PARKING REDUCTION REQUEST INVOLVING PROPOSED OF A SQUARE VACANT RETAIL SPACE INTO A RESTAURANT SPACE TO FACILITATE A BAKERY STYLE RESTAURANT.

THE RESTAURANT IS PROPOSED TO CONTAIN UP TO 30 SEATS AND REQUIRES AN ADDITIONAL 17 OFF STREET PARKING SPACES UNDER THE ZONING ORDINANCE.

THE SITE PREVIOUSLY WAS GRANTED A SHARED PARKING REDUCTION OF 79 SPACES FROM 522 REQUIRED AT THAT TIME TO 443 SPACES, WHICH WERE APPROVED UNDER CASE NUMBER PB 1634, IN WHICH APPROVED ONE RETAIL STOREFRONT AND ONE RESTAURANT STOREFRONT.

THE APPLICANT NOW IS REQUESTING A SHARED PARKING REDUCTION TO ACCOUNT FOR THE 17 ADDITIONAL OFF STREET PARKING SPACES REQUIRED IN CONNECTION WITH THE PROPOSED CONVERSION OF ALREADY BUILT OUT SPACE, INITIALLY APPROVED FOR USE AS A RETAIL STOREFRONT.

NO EXISTING PARKING SPACES WILL BE REMOVED IN CONNECTION WITH THE PROPOSAL THE APPLICANT LAST APPEARED BEFORE THE PLANNING BOARD AT A PUBLIC HEARING ON FEBRUARY 3RD.

NO ADDITIONAL COMMENTS HAVE BEEN RECEIVED DURING THE WRITTEN RECORD PERIOD.

MR. CANNING DID PROVIDE A LETTER IN RESPONSE TO MR. BODEN'S COMMENTS MADE DURING THE PUBLIC HEARING, WHICH HAS BEEN FORWARDED TO YOU.

ALL THE DRAFT DECISION HAS BEEN PREPARED FOR THE BOARD'S CONSIDERATION THIS EVENING.

I'M HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU.

YEAH, WE, WE ALSO HAVE TO DO, UH, THE SEEKER ON THIS.

YOU SHOULD DO THE SEEKER FIRST, RIGHT? YEAH.

YES, PLEASE.

THANK YOU FOR POINTING THAT OUT TO YOUR PERSON.

SIR, I CAN I MOVE THAT THIS BEING UNLISTED ACTION UNDER THE SEEKER? DO WE HAVE SECOND? SECOND, UH, ALL APPROVED AYE.

OBJECT.

OKAY, SO IT'S DECLARED AS A UNLISTED ACTION.

I'LL PROVE THAT WE MAKE A NEGATIVE DECLARATION TO THIS UNLISTED, THIS UN UNLISTED ACTION.

SECOND.

OKAY, SECOND.

MY, I THINK.

OKAY.

ALL IN FAVOR? AYE.

AYE.

AYE.

OPPOSED?

[00:05:01]

ABSTAIN.

UH, THIS APPLICATION IS DECLARED AN UNLISTED ACTION AND UNLISTED ACTION, AND WE, AND WE VOTED AS, UH, A ME DECK ON THAT.

NOW, TO GET INTO THE ACTUAL APPLICATION ITSELF, THERE IS A DRAFT DECISION, UH, IN FRONT OF YOU.

UH, UM, UH, AND ALSO THERE, UH, AS, UH, DEPUTY COMMISSIONER INDICATED THAT THERE'S A LETTERS, UH, IN RESPONSE TO MR. BODEN'S COMMENT AND, UH, THE BA AND THE CONCLUSION WAS THAT THERE, UH, UH, MR. BOB'S, UH, COMMENTS RELATED TO A PROPOSED CHANGES IN THE MANUAL OR UNIFORM TRAFFIC CONTROL DEVICES, WHICH, UH, BUT THEY HAVE NOT BEEN APPROVED.

AND SO THE RECOMMENDATION IS THAT ALTHOUGH THOSE MR. BODEN'S COMMENT, UH, YOU KNOW, VERY VALUABLE, RELEVANT COMMENT THAT WE AS A BOARD SHOULD NOT CHANGE OUR STANDARDS UNTIL THOSE COMMEND RECOMMENDATIONS ARE FINALIZED.

SO BEFORE WE CHANGE HOW WE DO THINGS, LET'S WAIT TILL THEY FINALIZE THOSE RECOMMENDATIONS, AND THEN AT THAT POINT WE CAN MAKE A DECISION OF WHAT WE PLAN TO DO.

SO, UH, SO THAT WAS, I THINK THAT'S A ACCURATE, UH, DESCRIPTION OF WHAT MR. CANNON'S COMMENTS WERE AND, UH, OPEN UP TO OTHER BOARD MEMBERS TO APPLYING OR WHETHER OR NOT THAT'S A ACCURATE INTERPRETATION OF THAT, AND TO MAKE ANY OTHER COMMENTS ON THE DRAFT DECISION? NO, MS. UH, ANY OTHER, IF THERE'S NO COMMENTS OR CORRECTIONS TO THE DRAFT DECISION, UH, I MAKE A RECOMMENDATION THAT WE APPROVE THE DRAFT DECISION.

SECOND, WE WOULD, WE WOULD'VE TWO VOTES, UH, FOR THE CHIEF.

OKAY.

WE HAVE ONE ON THE SPECIAL PERMIT AND ONE ON THE SHARED PARKING.

SO WE WOULD ASK THAT YOU TAKE TWO VOTES, PLEASE.

AND, AND I WOULD INDICATE THAT AT, AT THE, THE PUBLIC HEARING, UH, THE PUBLIC HAVE THE, UH, OPPORTUNITY TO STATE THEIR POSITION, WHICH WE DID, AND WE TOOK, UH, THE COMMENTS SERIOUSLY, AND WE, THAT'S WHY WE TURNED IT OVER TO OUR TRAFFIC CONSULTANT.

AT THIS POINT, IT'S, IT'S, IT'S NOT A PUBLIC DISCUSSION.

IT'S UP TO THE BOARD TO MAKE A FINAL DECISION.

SO I, I, I UNDERST I RECOGNIZED, UH, THAT MR. BOWDEN RAISED HIS HAND, BUT THIS IS NOT THE PROPER TIME TO SOLICIT COMMENTS.

SO I'M MOVE, I'M MOVING FORWARD ON THE APPLICA ON THE DRAFT DECISION ITSELF.

UM, WHAT YOU SAID, WHAT YOU SAID WAS INACCURATE.

THAT'S OKAY.

WHAT YOU CHARACTERIZED IN WHAT I WROTE, IT GOES TO THE ORIGINAL MANUAL THAT'S IN EFFECT NOW, AND THE CONSULTANT WAS WRONG.

THIS IS NOT OKAY.

MR. BOW OKAYED WHAT MR. BOWDEN, I, WE TOOK THE UNUSUAL POSITION OF, OF ALLOWING YOU TO SPEAK DURING THIS DISCUSSION BECAUSE I DID QUOTE AS SOMETHING THAT YOU SAID, BUT THIS, THIS BOARD, WE ARE, WE, WE RELY OUR DECISIONS ON THE RECORD AND WE RELY OUR DECISION ON THE RECOMMENDATION OF EXPERTS AND BASED UPON THE RECOMMENDATION OF THE TRAFFIC CONSULTANT, THAT IS WHAT WE, UH, UH, UH, ALLOW TO FOLLOW.

SO, AS I SAID BEFORE, WE HAVE A MOTION ON THE TABLE, UH, TO APPROVE THE, THE DRAFT DECISION.

AND I LIKE TO PROCEED IN THAT.

ROGER, WE NEED SPLIT IT.

YOU NEED TO MAKE A MOTION ON THE SPECIAL PERMIT AND THEN ON THE SHARE PARKING, PLEASE.

EXACTLY.

SO WHO, WHO DO WE HAVE A MOTION ON THE SPECIAL PERMIT? SO MOVED THERE.

BE GRANTED.

SECOND.

ALL IN FAVOR? AYE.

AYE.

OPPOSED?

[00:10:02]

OKAY.

SAME.

OKAY.

ALRIGHT, I'M MOVE APPROVE THE, UH, PARKING REDUCTION.

SECOND.

SECOND.

ALL, UH, ALL IN FAVOR? AYE.

OPPOSED? OKAY, SO THE OTHER, THE OTHER DECISION IS ON THE DRAFT DECISION FOR BRIGHTVIEW METROPOLIS.

YES.

THANK YOU, CHAIRPERSON SIMON.

SO, AGAIN, AS NOTED, THE THE NEXT ITEM ON THE AGENDA IS PLANNING BOARD CASE NUMBER PB 2021 BRIGHTVIEW METROPOLIS, LOCATED AT TWO EIGHTY NINE DOBBS FERRY ROAD, P O WHITE PLAIN IN THE R 15 AND R 21 FAMILY RESIDENCE ZONING DISTRICTS PLANNING BOARD WILL BE CONSIDERING A DECISION ON THE APPLICANT'S PRELIMINARY THREE LOT SUBDIVISION AND PLANNING BOARD STEEP SLOPE PERMIT APPLICATION FOR PROPOSAL CONSISTING OF A CONSTRUCTION OF A 155 UNIT 186 BED, APPROXIMATELY 174,571 SQUARE FOOT CONTINUUM OF CARE FACILITY ON AN APPROXIMATELY FIVE ACRE.

LOT OF WHAT CURRENTLY IS PART OF THE METROPOLIS COUNTRY CLUB PROPERTY.

THE APPLICANT IS PROPOSING A SEPARATE APPROXIMATELY 3.17 ACRE LOT CONSISTING OF AN ADJACENT AND CON CONTINUOUS CONSERVATION EASEMENT AREA TO MEET THE REQUIRED EIGHT ACRES FOR CONTINUING OF CARE FACILITY.

THE THIRD LOT CONSISTING OF APPROXIMATELY 123.86 ACRES WOULD CONTINUE TO OPERATE AT THE METROPOLIS COUNTRY CLUB PLANNING BOARD CONDUCTED A PUBLIC HEARING ON THIS MATTER AT ITS FEBRUARY 3RD MEETING.

NO ADDITIONAL COMMENTS WERE RECEIVED DURING THE WRITTEN RECORD PERIOD.

THE DRAFT DECISION RELATING SPECIFICALLY TO THE APPLICANT'S PRELIMINARY SUBDIVISION AND PLANNING BOARD STEEP SLOPE PERMIT APPLICATION HAS BEEN PREPARED FOR THE BOARD'S CONSIDERATION THIS EVENING.

I WANTED TO BRIEFLY ALERT BOARD MEMBERS THAT FOLLOWING DISCUSSION AMONGST TOWN STAFF AND WITH CHAIRPERSON SIMON, THE DRAFT DECISION YOU RECEIVED HAS BEEN REVISED SLIGHTLY TO REMOVE CONDITIONS, 3.6, 5.3, AND 5.7, WHICH ALL RELATE TO SITE PLAN ASPECTS OF THE PROJECT, WHICH THIS BOARD PREVIOUSLY ISSUED A POSITIVE RECOMMENDATION TO THE TOWN BOARD ON AND WILL BE APPROPRIATELY CONDITIONED AS PART OF ANY SITE PLAN APPROVAL ISSUED BY THE TOWN BOARD.

HAPPY TO GO THROUGH THOSE IF YOU'D LIKE, AND I'M HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU.

I JUST, ONE OTHER QUESTION.

SO THE ONE THAT IS HIGHLIGHTED IN YELLOW IS THE ONE THAT, UH, HAS BEEN, UH, THAT RELATES, RELATES TO THE SITE PLAN.

WHAT'S IN FRONT OF US IS A PRELIMINARY SUBDIVISION AND THE PLANNING BOARD, UH, STEEP SLOPE PERMIT, UH, THE ACTUAL SITE, UH, THIS WILL GO BACK TO THE TOWN BOARD AND AT THAT TIME AND, UH, UH, SITE PLAN, UH, THAT THE THIRD BACK TO THE TOWN BOARD, UH, THE COMMISSIONER WILL, UH, UH, INCORPORATE COMMENTS, UH, ABOUT THE SIDEWALK BECAUSE THAT'S A SITE PLAN ISSUE.

THAT'S CORRECT.

AND IF, IF YOU'D LIKE, JUST FOR CLARITY, I CAN GO THROUGH THOSE THREE CONDITIONS VERY QUICKLY.

UM, BUT THAT'S ONLY IF THE BOARD WISHES OTHERWISE AS CHAIRPERSON.

SIMON AND I PREVIOUSLY NOTED THE CONDITIONS THAT HAVE BEEN TAKEN OUT OF THIS PRELIMINARY SUBDIVISION ARE SITE PLAN, UH, COMPONENTS AND, AND SHOULD BE PART OF ANY SITE PLAN DECISION, WHICH WOULD BE ISSUED BY THE TOWN BOARD.

UH, THE COMMISSIONER'S AWARE OF THESE AND WOULD INCLUDE, UM, THESE CONDITIONS OR, OR VERSIONS JUST LIKE THEM INTO THE SITE PLAN DECISION BY THE TOWN BOARD.

THEY'RE NOT APPROPRIATE FOR A PRELIMINARY SUBDIVISION OR A STEEP SLOPE PERMIT THEY ARE CARRYING.

AND, UH, I APOLOGIZE FOR THAT.

THANK YOU.

UH, AARON, UM, JUST MAKE IT A CLEAR, AND I THINK FOR THIS CLARITY, IF YOU CAN, I, I KNOW YOU MENTIONED THE, THE, THE NUMBER, I THINK 3.4 I'LL, I'LL READ THROUGH THEM.

YEAH, YEAH.

ONE WAS HIGHLIGHTED IN YELLOW.

YEAH.

UM, NOT, NOT EXACTLY.

SO LET ME JUST RECITE THEM FOR YOU.

YEAH.

THE HIGHLIGHT, UH, AARON JUST READ THE, THE NUMBERS AND WE CAN READ THEM.

YEAH, IT WAS 3.6 ON PAGE NINE, WHICH RELATES TO EXTERIOR LIGHTING BEING DOWNCAST AND CONSTRUCTED OR RETROFITTED IN ACCORDANCE WITH THE TOWN CODE.

SO THAT'S A SITE PLAN COMPONENT.

[00:15:02]

OKAY.

LET'S SEE, 5.3.

5.3 ON PAGE 12 RELATES TO, UM, MAINTAINING THE PARKING LOTS IN A CLEAN AND ATTRACTIVE MANNER, UH, WHICH IS ANOTHER SITE PLAN MATTER, WHICH WOULD BE, UH, HANDLED BY THE TOWN BOARD.

AND THE THIRD, WHICH IS CONDITION 5.7 ON PAGE 12, RELATES TO, UH, SIDEWALK INSTALLATION AS PART OF THE PROJECT, WHICH IS A COMPONENT OF THE SITE PLAN DECISION AND WILL BE HANDLED BY THE TOWN BOARD.

MM-HMM.

, THOSE ARE THE THREE.

SO WHAT ARE THOSE? 5.2, THAT'S WHAT RIGHT.

5.2.

IT'S STILL IN 5.2 RELATES TO THE CONSERVATION EASEMENT AREA, AND THAT IS A SUBDIVISION COMPONENT AND IS, IS APPROPRIATE FOR THIS DECISION.

OKAY.

WHAT ABOUT THE SIGNAGE OF THE, UH, UH, THE, THE SIGNAGE? IS IT IN THE LAGGING 3.7 OR WE DISCUSSED 3.7 AND DECIDED THAT IT, IT WOULD REMAIN, UH, 3.7 RELATES TO RECYCLING.

OKAY.

NO.

OKAY.

UH, THE 3.6 IS THE LIGHTING, CORRECT? CORRECT.

SO WHAT ABOUT THE SIGNAGE? WE DON'T HAVE ANY PROVISION FOR THAT SIGNAGE.

NO.

THE SIGNAGE WOULD BE HANDLED AT, UNDER A SEPARATE MATTER, NOT AS PART OF THE SUBDIVISION.

OKAY.

GOOD.

THANK YOU.

ONE, WELL, THERE ANY OTHER QUESTIONS? I HAVE ONE MORE.

MY, UM, UM, ONE THING I MISS, IF YOU GO TO 5.2, UH, ONE TO THE THIRD LINE FROM THE BOTTOM, IT SAYS, FA UH, UH, UH, THE TIME GREENBERG ZONE AUDIENCE FOUND A SPECIFIED TRIGGER EVENT.

DO WE DEFINE WHAT A SPECIFIED TRIGGER EVENT IS ANY PLACE IN THE REGARD? DAVID, DO YOU, DO YOU WANNA ADD THAT, UH, THAT WE, WE'LL FOLLOW MY COMMENT, MR. CHAIRMAN, THAT, THAT IS A DAVID STEINMAN'S FROM LAW ROOM STEINS REPRESENTING THE APPLICANT.

THE, THE, THE PHRASE QUOTE TRIGGER EVENT COMES SPECIFICALLY FROM THE CONSERVATION EASEMENT DOCUMENT THAT HAS BEEN NEGOTIATED AND DRAFTED IN CONJUNCTION WITH THE TOWN ATTORNEY'S OFFICE.

SO, UM, IT LOOKS TO ME LIKE DAVID COOPER MAY HAVE JUST JUMPED TO GO GRAB IT, UM, BECAUSE I DON'T THINK WE, WE EXPECTED TO DISCUSS IT, BUT THERE IS, THERE IS A CLEAR EXPLANATION MR. CHAIRMAN IN THE DOCUMENT WHAT THOSE TRIGGER EVENTS ARE.

OKAY.

SO, UH, I I JUST WANTED TO MAKE SURE, ROGER, WHY DON'T WE HAVE, HAVE MR. COOPER JUST, UH, JUST FOR COMFORT GO THROUGH WHAT THE DEFINITION OF A TRIGGER EVENT IS IN THE CONSERVATION INCIDENT, PLEASE.

THAT'S FINE.

OKAY.

CAN I, SORRY, I JUST, CAN I GET RIGHT RIGHT BACK TO YOU? JUST KEEP ON GOING AND I'LL CIRCLE BACK.

AND ANOTHER THING IS WE COULD JUST REFERENCE THAT.

WE DON'T HAVE TO PUT THAT IN, BUT JUST, AND SO WHEN YOU READ THE DOCUMENTS, THAT TRIGGER EVENT, YOU CAN SAY AS PER AND REFERENCE THE DOCUMENT.

THAT'S A GOOD, WE SHOULD, WE SHOULD REFERENCE THE CONSERVATION EASEMENT.

I THINK THAT'S A GOOD IDEA.

EXACTLY.

IT SHOULD SAY A TRIGGER EVENT AS SET FORTH IN YES.

THE CONSERVATION.

RIGHT.

BUT, BUT FOR THE RECORD, I'D JUST LIKE TO, I'D JUST LIKE TO ACKNOW WHAT THE DEFINITION IS, DAVID, THAT'S ALL.

NO PROBLEM.

WE'LL, WE'LL GIVE IT TO YOU WAS WE SPENT A LOT OF TIME, UH, WITH, UH, WITH GARRETT, AARON, DAVID, AND TIM GOING THROUGH THAT AND, AND, UH, WE, WE'LL PROVIDE YOU THAT.

I WANNA MAKE SURE IT'S ACCURATE.

OKAY.

OKAY, FINE.

I HAVE NO PROBLEM.

I JUST THINK IT'D BE, BE IF WE REFERENCE IT IN OUR DOCUMENT.

OKAY.

UH, UH, THERE ANY OTHER COMMENTS FROM BOARD MEMBERS RELATING TO THIS, UH, GRAPH APPROVAL, IF NOT, THERE ARE TWO VOTES WE HAVE TO TAKE.

UH, UM, ONE IS PRELIMINARY SUBDIVISION AND ONE OF THE THINGS I, UH, UH, I WAS WONDERING ABOUT WHY ARE WE LIMITING THIS TO 180 DAYS WHEN WE KNOW FROM EXPERIENCE, UH, UM, PROJECTS OF THIS MAGNITUDE USUALLY GET, UH, GET DELAYED BY WESTCHESTER DEPARTMENT OF HEALTH.

BUT DAVID, UH, UH, UH, INDICATED IS 180 DAYS BY CODE, SO WE CAN'T CHANGE IT.

SO IT HAS TO BE 180 DAYS.

WELL, WE, WE AGREE WITH DAVID, IT IS UNDER NEW YORK STATE LAW TOWN LAW 2 76

[00:20:01]

IS 180 DAYS PLUS TWO 90 DAY EXTENSIONS.

AND MR. CHAIRMAN, YOU'RE RIGHT, THERE MAY BE A NEED TO COME BACK FOR FUTURE EXTENSIONS IF FOR SOME REASON THE WESTCHESTER COUNTY HEALTH DEPARTMENT SLOWS THINGS DOWN.

BUT I WOULD THINK THAT ONE YEAR OUT FROM NOW, UM, SO I, I WOULD ANTICIPATE WE WILL CERTAINLY HIT THE POINT OF ONE OF THOSE 90 DAY, IF NOT BOTH.

UM, BUT, UH, I, I WOULD THINK WITHIN ONE YEAR WE, WE SHOULD BE AT A POINT WHERE WE CAN GET THIS SUBDIVISION PLAT FILED.

OKAY, FINE.

OKAY.

I JUST WANTED TO POINT THAT OUT BECAUSE THAT'S THE F YOU KNOW.

OKAY.

UH, WITH THAT SAID, UM, UM, DO WE HAVE A, A MOTION TO APPROVE THE PRELIMINARY SUBDIVISION MOVED? DO WE HAVE SOMETHING ALL IN FAVOR? AYE.

AYE.

OPPOSED ABS AS AMENDED, ISN'T IT? BECAUSE WE JUST HAVEN'T, WE'RE JUST HAVEN'T A COUPLE OF WORDS.

IT SHOULD BE AS AMENDED.

THAT'S RIGHT.

CORRECT.

SO WE NEED TO TAKE THAT VOTE AGAIN, UH, WITH THE CORRECT TERMINOLOGY.

DO WE HAVE A ? I'M JUST TRYING TO GIVE MR. COOPER TIME TO ACTUALLY FIND, FIND THE DOCUMENT .

YEAH, WE HAVE A MOTION TO, UH, APPROVE THE PRELIMINARY SUBDIVISION AS AMENDED.

SO MOVED.

OKAY.

OKAY.

UH, SECOND.

SECOND.

ALL IN FAVOR? AYE.

AYE.

OKAY.

AND THEN THE OTHER VOTE WE HAVE TO TAKE IS FOR THE PLANNING BOARDS STEEP SLOPE PERMIT.

WE HAVE A MOTION FOR THAT.

HE HAS AMENDED JASON.

IT'S COMBINED.

ALRIGHT.

MOVED SECOND.

AYE.

OKAY.

A AYE.

OKAY.

BE BEFORE I, UM, DECLARE THAT THIS IS, UH, APPROVE, I'D LIKE TO, UH, MR. COOPER , WERE A, WERE YOU ABLE TO FIND THE DOCUMENT? I, I WAS, I DID.

THE, THE PROBLEM WAS IS THAT THERE, THERE WERE VARIOUS DRAFTS AND I DIDN'T WANT TO BE READING THE, UH, THE WRONG DRAFT.

SO, UH, APOLOGIZE FOR IT TAKING SO LONG.

UM, YEAH, BUT YOU WENT IN FRONT OF YOU RIGHT NOW, DAVID.

OTHERWISE THERE'S ONE OTHER ISSUE I WOULD, ALRIGHT, GO AHEAD DAVID.

ALRIGHT, SO IT'S, UM, AND, AND NO, YOU, I'M NOT GONNA TAP DOWN THROUGH SIN.

YOU ACTUALLY HAVE A SUBSTANTIVE I'VE BEEN WANTING YOU TO SING.

IT'S JUST ON THIS A LONG TIME.

YOU GUYS CAN MAKE ME CRY, BUT YOU CAN MAKE ME SIN .

UM, SO, UM, IN, IN ALL SERIOUSNESS, I HAD RAISED THIS PREVIOUSLY.

SO TONIGHT WE'VE CONFRONTED AND AND SECURED PRELIMINARY SUBDIVISION PLAT APPROVAL.

UM, AS I THINK, UH, UH, DAVID FREE AND, AND YOUR BOARD ARE PROBABLY WELL AWARE AND THE NEW YORK STATE TOWN LAW.

THERE'S ALSO THEN THE SECOND PHASE OR FINAL SUBDIVISION PLAT APPROVAL AND THERE IS A REQUIRING IN THE TERM LAW 2 76 FOR A PUBLIC HEARING ON FI, FINAL PLATT APPROVAL UNLESS IT IS WAIVED BY THE PLANNING BOARD.

YES.

SO, UM, I WOULD ASK THE PLANNING BOARD, SINCE THERE WILL BE NO CHANGES TO THIS FINAL PLAT, WE WILL BE SUBMITTING A FINAL PLAT IN ACCORDANCE WITH THIS PRELIMINARY PLATT.

UM, I WOULD ASK THAT YOU ENTERTAIN WAIVING FINAL, UH, PUB A PUBLIC HEARING ON FINAL PLATT APPROVAL AND LETTING US COME BACK WITH A FINAL PLAT AT THE APPROPRIATE TIME.

I, I REQUEST IS SO NOTED.

UM, AND I THINK IT'S BEST ADDRESSED, UH, WHEN, UH, AND INCLUDE THAT WHEN YOU, YOU COME BACK TO US, UM, TRADITIONALLY THIS BOARD, UNLESS THERE'S, YOU KNOW, UNLESS THERE HAS BEEN, UH, SOME CHANGE TRADITIONALLY THIS BOARD, UH, USUALLY DOES WAIVE THE PUBLIC HEARING.

UH, BUT WE'LL TAKE THAT, UH, YOU KNOW, UH, UNDER ADVISEMENT AND, UH, WHEN WE GET YOUR APPLICATION, HOPEFULLY THAT COMES QUICKLY.

YEAH.

BECAUSE THE PROCEDURE THAT WE USE AS DAVID INDICATE, WE ASK STAFF TO CONFIRM THAT THERE HAVE BEEN NO CHANGES MM-HMM.

AND TRADITIONALLY WE WAIVE IT, BUT WE'RE NOT IN POSITION TO MAKE THAT DECISION TONIGHT.

VERY GOOD.

OKAY.

UM, SO FOUND IT, A TRIGGER EVENT IS DEFINED AS EITHER A FURTHER SUBDIVIDING THE PROPERTY INTO SEPARATE LOTS AND SELLING, OR SUBSEQUENTLY USING FOR NON-CLUB PURPOSES, NOT INCLUSIVE OF LOT LINE CHANGES ON THE PROPERTY WHERE NO NEW PARCELS ARE CREATED FOR DEVELOPMENT, OR B A COUNTRY CLUB CEASES TO OPERATE AND FUNCTION AT THE PROPERTY, AND THE PROPERTY IS REDEVELOPED FOR OTHER USE THAN, THAN A COUNTRY CLUB.

OKAY.

NOW, I, YOU JUST INDICATED THAT THERE WAS SEVERAL VERSION, I WANNA MAKE SURE THAT THE VERSION RE RE, UH, SITE IS THE LAST VERSION AND IT IS PART OF THE OFFICIAL RECORD.

[00:25:01]

OKAY.

SO THE FILE, DAVID OR AARON, AS LONG AS YOU CAN GUARANTEE THAT WHAT WE REFERENCES IS INDEED THE ACTUAL DOCUMENT, THEN FINE.

RIGHT.

SO TWO QUESTIONS.

ONE, I'D LIKE THE OFFICIAL TITLE OF THE DOCUMENT BECAUSE WE'RE GOING TO INDICATE AS SET FORTH IN, DO YOU HAVE THAT DATED COOPER? YEP.

DECLARATION OF CONSERVATION EASEMENT AND RESTRICT RESTRICTIVE GOVERNANCES, AND IT'S DATED, UH, NOVEMBER 16TH, 2020.

NOVEMBER 16TH, 2020.

OKAY.

ONE QUESTION.

IF METROPOLIS SC FOR BEING GAZ IN THE BANKRUPTCY, WHOEVER THE RECEIVER IS STILL HAS TO PICK UP THAT, THAT COVENANT OBLIGATION, CORRECT? YES.

THE COVENANT'S RECORDED AGAINST THE, THE LAND AND RUN WITH IT UPON IT BEING FILED, WHICH IS GONNA BE FILED, UM, PROBABLY AS, AS PART OF THE REQUIREMENT OF THE SITE PLAN APPROVAL, UH, UP, YOU KNOW, BEFORE THE PLOT IS FILED OR WITH THE PLAQUE, EXCUSE ME.

OKAY.

OKAY.

WITH THOSE ASSURANCES AND, AND, UH, THE VOTE, UH, THAT WAS PREVIOUSLY TAKEN, I SAY, I SAY THAT THIS, UH, DRAFT, UH, DECISION IS TERRIFIC.

GREAT.

THANK YOU.

THANK YOU FOR ALL YOUR COOPERATIONS IS A, WAS A VERY DIFFICULT PROJECT FOR ALL OF US AND IT JUST SHOWS WHEN PEOPLE ACTUALLY WORK TOGETHER TOWARDS COMING UP SOMETHING THAT WOULD BALANCE THE COMMUNITY AND WHAT THE DEVELOPER NEEDS, YOU CAN COME UP WITH SOMETHING THAT'S VERY, VERY GOOD.

SO GOOD LUCK WITH YOU AND, AND THE JOHN BOARD AND, AND FINALIZING THIS PROPOSAL.

BUT, BUT DAVE, IT STILL DIDN'T SAY HE, HE WOULD DANCE .

WHICH, WHICH ONE, WHICH , THAT'S THE NEXT COMES EXACTLY WHEN I COME BACK ON EXACTLY.

SAID HE WOULD DANCE, BUT HE WOULDN'T SINGS OR SINGER .

GOODNIGHT FOLKS, WE APPRECIATE THANK YOU.

THIS WHOLE PROCESS AND, AND JUST ECHOING YOU, I THINK WE ENDED UP IN THE RIGHT PLACE AS A RESULT OF A A, A FAIR AMOUNT OF BACK AND FORTH WHEN WE GOT TO THE RIGHT SPOT.

SO I, I AGREE.

OKAY.

OKAY.

BE SAFE FOLKS.

TALK TO YOU.

TAKE CARE EVERYBODY.

BYEBYE.

OKAY.

SO THE NEXT CASE ON THE AGENDA IS PLANNING BOARD CASE NUMBER PB 1913 THOMPSON LOCATED AT 2111 SAW MILL RIVER ROAD WHITE PLAINS IN THE R 21 FAMILY RESIDENCE DISTRICT.

THE PROJECT INVOLVES THE PROPOSED CONSTRUCTION OF A NEW DETACHED 1700 SQUARE FOOT GARAGE STRUCTURE AND RELATED 1,157 SQUARE FOOT DRIVEWAY EXPANSION PROJECT ALSO INVOLVES REGULATED STEEP SLOPE DISTURBANCE AND REGULATED TREE REMOVALS.

CONCURRENTLY THE APPLICANT SEEKS TO LEGALIZE THROUGH THE BUILDING DEPARTMENT.

PREVIOUSLY DEVELOPED SITE IMPROVEMENTS INCLUDING THE REPAIR AND EXPANSION OF PATHWAYS AND RELATED STAIRWAYS REPAIR AND CONSTRUCTION OF RETAINING WALLS, REGRADING ACTIVITIES AT THE REAR OF THE PROPERTY IN VARIOUS BUILDING AND PATIO ENCLOSURES.

THE APPLICANT LAST APPEARED BEFORE THE PLANNING BOARD AT A WORK SECTION ON FEBRUARY 3RD AT THE BOARD'S REQUEST.

I SPOKE WITH THE BUILDING INSPECTOR CONCERNING THE WORK TO BE LEGALIZED THROUGH THE BUILDING DEPARTMENT.

I WAS ADVISED THAT A COMPLIANCE INSPECTION WOULD TAKE PLACE AT THE TIME THE APPLICANT SEEKS A CERTIFICATE OF OCCUPANCY IN CONNECTION WITH THAT WORK.

THIS IS NOT TAKEN PLACE AS OF YET.

IF UPON INSPECTION THE BUILDING DEPARTMENT FINDS THAT ANY OR ALL OF THE WORK IS NOT IN COMPLIANCE WITH THE BUILDING CODE, THE OWNER WILL BE REQUIRED TO BRING ALL IMPROVEMENTS UP TO THE CODE REQUIREMENTS.

I'M HAPPY TO ANSWER ANY QUESTIONS ON THIS AND FOLLOWING THE BOARD MAY CONSIDER SCHEDULING THIS MATTER FOR A PUBLIC HEARING IF IT WISHES TO DO SO.

AS A REMINDER, THE ONLY THING THAT WAS REALLY REQUESTED BY THE BOARD AT THE LAST MEETING WAS FOR ME TO FOLLOW UP WITH THE BUILDING INSPECTOR.

I'VE DONE THAT AND, AND RECITED MY CONVERSATION WITH HIM.

UM, THE APPLICANT IS NOT ON THIS EVENING BECAUSE THEY DIDN'T BELIEVE THERE WAS ANYTHING FOR THEM TO ANSWER AND HE DID HAVE A CONFLICT.

SO THE NEXT STEP WOULD BE FOR STEP WOULD BE FOR THE PLANNING BOARD TO CONSIDER PUTTING THIS ON FOR A PUBLIC HEARING, WHICH I HAD PREVIOUSLY DISCUSSED WITH THE CHAIRPERSON, ALTHOUGH I'M HAPPY TO ANSWER ANY QUESTIONS ABOUT WHAT I RELAYED TO THE BOARD BE BEFORE YOU GET, GET INTO THAT.

THE, THERE'S ONE THING THAT, YOU KNOW, WHEN I FIRST, THIS APPLICATION FIRST CAME TO US AND SAID THE

[00:30:01]

PLANNING BOARD, UH, FOR THE PLANNING BOARD TO LEGALIZE THE, THE, UH, THE APPLICATION, THE PLANNING BOARD, MY POSITION OF THE PLANNING BOARD HAS EITHER THE EXPERTISE OR I FEEL THE POWER TO LEGALIZE THAT SITE.

THAT SHOULD BE SOMETHING, UH, IN TERMS OF THE CONSTRUCTION, WHETHER MEETS CODE THAT SHOULD BE AN ISSUE FOR THE PLANNING BOARD AND THEREFORE IN THE DESCRIPTION OF, UH, OF, UH, UM, THE APPLICATION.

IT CLEARLY STATES LEGALIZATION THROUGH THE BUILDING DEPARTMENT BECAUSE THEY'RE THE ONE, WE DON'T HAVE THE, AT LEAST MY INTERPRETATION OF THE CODE THOUGH, WE DON'T HAVE THE, THE LEGAL RIGHT TO SAY THAT A BUILDING IS ME IS MEETING WHETHER OR NOT A BUILDING IS READING THE BUILDING CODES.

THAT'S NOT, WE, WE HAVE RIGHTS DEPENDING ON WHAT THE ISSUE IS.

IF IT'S AN ISSUE SUBDIVISION OR AN ISSUE OF, UM, WATERCOURSE, FOR EXAMPLE, OF COURSE WE HAVE A, THAT'S OUR JURISDICTION AND WE HAVE A RIGHT TO LEGALIZE THOSE PROPERTIES, WHICH WE HAVE IN THE PAST CLOSED OFF.

IT'S SOMETHING THAT IS NOT WITHIN OUR JURISDICTION.

WE DON'T HAVE LEGAL RIGHT TO DO THAT.

OKAY.

YES.

OKAY.

OKAY.

BUT THAT'S THE CLARIFICATION.

I APPRECIATE THAT.

BUT IN THIS CASE, WHEN YOU'RE TALKING ABOUT THE STRUCTURE OF A WALL OR SOMETHING, CLEARLY WE'RE NOT IN POSITION TO SAY THAT WALL WAS CONSTRUCTED PROPERLY AND THAT'S THE POINT IN THIS CASE.

RIGHT.

OKAY.

SO WITH THAT SAID, WE NEED TO, UM, ARE THERE ANY OTHER, UH, QUESTIONS THEY HAVE ON, ON, ON THIS? ANY MEMBERS OF THE BOARD? IF NOT, THEN YOU DON'T NEED TO TAKE A FORMAL VOTE, BUT WE CAN ALERT THE APPLICANT WHO I BELIEVE IS ON, UH, ON THIS MEETING, UH, WHEN THE, UH, PUBLIC HEARING WILL BE THE APPLICANT'S.

NOT ON THIS EVENING, BUT I'M HAPPY TO.

YES, SHE IS.

YES, SHE'S, OH, I'M SORRY.

I'M SORRY.

I, I I KNEW THAT, UH, MR. ESTIS HAD A CONFLICT THIS EVENING, BUT, UM, WE'RE GONNA PREPARE THE PUBLIC HEARING NOTICE IF THE BOARD, UH, DOES IN FACT PLACE IT ON FOR MARCH 3RD AND WE'LL GET YOU THAT NOTICE AND PROVIDE YOU WITH A COPY OF THE SIGN THAT NEEDS IN YOU.

YOU'LL GET INSTRUCTIONS FROM US ON ALL THAT.

OKAY.

TOMORROW.

ALRIGHT, SO IF WE GO ALL THE QUESTIONS ON THIS APPLICATION, THEN WE'LL PUT IT ON FOR PUBLIC CARE.

OKAY.

I'M NOT, I'M NOT THIRD MS. GUY.

THAT'S CORRECT.

YES.

OKAY.

OKAY.

THANK YOU.

THANK YOU.

THANK YOU.

GOOD NIGHT EVERYONE.

MORNING.

WELL, UM, WE HAVE, UH, TWO ITEMS FOR PUBLIC HEARING.

SO, UH, A WEEK AGO INTO A PUBLIC HEARING SESSION OF THE, THE NIGHT PLANNING BOARD.

UM, UH, SO FOR THE RECORD, COULD DEPUTY SMITH CALLED, UM, THE ROLE FOR THE PLANNING BOARD HEARING? YES.

CHAIRPERSON SIMON? YES.

MR. SCHWARTZ? YES.

MR. GOLDEN HERE.

MR. DESAI? YES.

MR. HAY? YES.

NOTE FOR THE RECORD THAT BOARD MEMBERS MONA FREYTAG AND YONG SNAGS ARE NOT PRESENT THIS EVENING.

THANK YOU.

UH, THE, THE, THE FIRST MATTER ON FOR PUBLIC HEARING IS CASE NUMBER PB 20 DASH 12 TRIAGE INDICATED AT 65 MERCER AVENUE PO HARTSDALE, AND THE R 7 25 1 FAMILY RESIDENCE ZONING DISTRICT PROJECT INVOLVES A PROPOSAL TO CONSTRUCTED NEWS TWO STORY SINGLE FAMILY RESIDENCE WITH AN ATTACHED TO CAR GARAGE, AS WELL AS A FLAGSTONE WALKWAY ASPHALT PATIO, STONE PATIO AND RETAINING WALL PROJECT.

ALSO INVOLVES REGULATED STEEP SLOPE DISTURBANCE AND REGULATED TREE REMOVALS FOLLOWING LAND USE APPROVALS ARE APPLICABLE.

PLANNING BOARD STEEP SLOPE PERMIT AND TREE REMOVAL PERMIT PLANNING BOARD CONDUCTED A PUBLIC HEARING IN THIS MATTER AT ITS FEBRUARY 3RD MEETING, WHICH WAS NOT CLOSED ON THE THIRD AND IS BEING CONTINUED THIS EVENING.

AT THE REQUEST OF THE BOARD, THE APPLICANT HAS SUBMITTED AN PROGRESS REPORT CONCERNING THE BEACH TREE IN THE FRONT YARD OF THE PROPERTY.

FORESTRY OFFICER OFFICER HAS REVIEWED THE ASSESSMENT AND CONDUCTED HIS OWN INSPECTION OF THE TREE AND CONCURS WITH THE APPLICANT'S ARBORIST ON THE CONDITION OF THE TREE

[00:35:01]

AND THE LIKELY IMPACTS TO IT.

IN CONNECTION WITH HIS PROPOSAL, AN ADDITIONAL EMAIL CORRESPONDENCE HAS BEEN RECEIVED FROM A NEIGHBOR TO THE PROJECT SITE, WHICH WAS FORWARDED TO THE BOARD TO THE APPLICANT AND MADE PART OF THE OFFICIAL RECORD FOR THE PROJECT.

THE LETTER ATTACHED TO THAT EMAIL CORRESPONDENCE, WHICH FROM AN ATTORNEY AND RELATED TO A PRIOR CASE ON THE SITE, WHICH I'LL NOTE BRIEFLY IN A MOMENT, WANTED TO REMIND THE BOARD THAT PROPER NOTICE WAS MADE IN CONNECTION WITH THAT PROJECT AT THAT TIME.

UH, THE PROPERTY VIA PRIOR OWNER APPLICANT, THE RTOS PREVIOUSLY RECEIVED A STEEP SLOPE PERMIT FROM THE FAMILY BOARD FOR CONSTRUCTION OF A SINGLE FAMILY RESIDENCE UNDER CASE NUMBER PV 1505.

AS STATED BEFORE, PROPER NOTICE WAS GIVEN FOR THE PUBLIC HEARING IN CONNECTION WITH THAT PROJECT, WHICH WAS APPROVED ON NOVEMBER 5TH, 2017.

THE APPLICANT'S REPRESENTATIVE IS PRESENT THIS EVENING IN DETAIL THE PROJECT AND ANSWER ANY QUESTIONS THAT THE BOARD OR MEMBERS OF THE PUBLIC MAY HAVE.

THANK YOU.

THANK, UM, RECOGNIZE THE APPLICANT'S, A REPRESENTATIVE FOR A REPRESENTATIVE FOR THE APPLICANT THAT EVENING, MS. SHAHIN LEY REPRESENTING THE APPLICANT.

IF I COULD SHARE MY SCREEN PLEASE.

SURE.

YES, WE HAVE THAT ALLOWED.

ALL RIGHT.

AND, UH, I BELIEVE MY VIDEO IS ON UNA, SO YOU BE ABLE TO SEE ME AS WELL.

UH, SO FIRST OF ALL, UH, I I JUST WANTED TO RUN THROUGH A COUPLE OF THE REQUESTS THAT THE BOARD, UH, HAD AS WELL AS, UH, UH, REFLECTING ON SOME OF THE COMMENTS PROVIDED BY THE PUBLIC, UM, IN, IN REGARDS TO THE, UH, ELEVATIONS OF THE BUILDING.

UH, I DO, WE, WE DID SUBMIT THESE DRAWINGS, WHICH ARE THE PROPOSED ELEVATIONS FOR THE HOUSE.

I I DO WANNA MAKE YOU AWARE THAT MY FIRM DID NOT PREPARE THESE DRAWINGS AND, AND WERE NOT INVOLVED IN THE ARCHITECTURAL DRAWINGS.

HOWEVER, UH, UH, WILLIAM P ARCHITECTS DID PREPARE THEM AND, UH, THIS IS THE PROPOSED HOUSE AS IT STANDS.

UM, SO, SO THAT WAS THE FIRST ITEM.

UH, THE SECOND ITEM, UH, WHICH, UH, MR. SCHMIDT BRIEFLY, UH, TOUCHED BASE ON, WHICH WAS THE, UH, LETTER SUBMITTED BY THE CERTIFIED ARBORIST, MIKE ORINO, IN REGARDS TO THAT BEACH TREE.

UM, AND, AND HOPEFULLY THE BOARD, UM, WILL, WILL SEE, UH, THAT THE TREE IS SOMEWHAT DAMAGED AND THAT IT IS HOPEFULLY IN THE, UH, UH, IT, IT IS A BETTER MOVE FOR US TO REMOVE THAT TREE AND TO PROVIDE THE DRIVEWAY IN THAT LOCATION.

UM, AND THEN WE, WE DID ALSO PROVIDE FINANCIAL EVIDENCE TO THE BOARD.

I WOULD RATHER NOT SHARE THAT ON THE SCREEN.

YEAH, YEAH.

UM, AND THAT WAS NOT, UH, UH, A NECESSARY OR REQUIREMENT OF THIS BOARD, SO I PREFER THAT YOU DIDN'T THANK YOU.

UM, BUT, BUT I, I'LL MENTION THAT IT DOES SHOW THAT THERE IS A SUBSTANTIAL AMOUNT AVAILABLE FOR THE DEVELOPMENT, AND I BELIEVE IT IS WELL BEYOND, UH, WHAT THE PROJECT WILL NECESSITATE.

WE'RE AWARE OF IT.

AGAIN, IT'S NOT PART OF OUR DETERMINATION.

OH, EXCELLENT.

THANK YOU.

UM, AND, AND, AND LASTLY, I'D LIKE TO HOPEFULLY TOUCH BASE ON THESE ADDITIONAL COMMENTS THAT WE'VE RECEIVED.

UH, I DID RECEIVE THIS EMAIL, UH, WHICH WAS ALSO ATTACHED, UH, AS MR. SCHMIDT MENTIONED TO THE LETTER, WHICH IS DATED FROM 2015.

UM, SO, SO I DO WANNA MENTION THAT THIS LETTER IS NOT SPECIFIC, UH, TO OUR CASE.

HOWEVER, UM, I MEAN, A LOT OF IT COULD BE APPLIED AND IT COULD MOST PROBABLY BE WRITTEN SIMILARLY TO THE PROPOSAL THAT WE HAVE.

SO I WILL, UH, ADDRESS SOME OF THESE COMMENTS IN HOPES OF APPEASING, UH, UH, UM, THE CONCERNED, UH, UH, PUBLIC.

SO, SO FIRST OF ALL, UM, I, I'M NOT GONNA TOUCH BASE ON THE NOTICE BECAUSE WE DID PROVIDE TIMELY NOTICE AND THAT WAS CERTIFIED TO THE BOARD AS WELL.

UM, IN, IN TERMS OF THE, THE HOUSE'S CHARACTER, WE DID PROVIDE THE ELEVATIONS OF THE HOUSE.

AND SO HOPEFULLY THAT WILL SHOW THAT THE HOUSE IS IN CHARACTER OF THE NEIGHBORHOOD AS WELL AS, YOU KNOW, A A A SITE WHICH HAS A CONSIDERABLE AMOUNT OF LANDSCAPING, HOPEFULLY TO SCREEN FROM THE NEIGHBORS.

UM, THE, THE FORESTRY PERMIT, UH, AND THE TREE PERMIT, UH, WHAT WE'VE PROPOSED IS IN LINE WITH THE NEW TREE ORNAMENTS, UH, THE TREES THAT WE ARE REMOVING, THE ONES THAT ARE MORE SUBSTANTIAL, WE, WE ARE PROPOSING TO REPLACE 'EM WITH SOME SUBSTANTIAL TREES.

WE DID BRIEFLY TOUCH BASE ON THAT IN THE PREVIOUS, UH, HEARING WHERE WE SPOKE OF THE SUGAR MAPLES, WHICH ARE THE TREES THAT WILL GROW IN A LITTLE BIT LARGER THAN THE OTHER SPECIES.

AND, UM, SO, SO THE TREE PLAN THAT WE'VE PROVIDED IS NOT ONLY IN ACCORDANCE WITH THE TOWN ORDINANCE, UM,

[00:40:01]

BUT HOPEFULLY IT PROVIDES A, A NICE LANDSCAPE FEATURE FOR THE HOUSE AND THAT, AND THAT IS THE INTENT AS WELL AS PROVIDING SCREENING TO THE NEIGHBORS.

UH, THE STORMWATER SYSTEM THAT WE'VE PROVIDED, UM, IS A, A SYSTEM WHICH WOULD BE LARGER THAN THAT, WHICH WOULD BE DESIGNED WITH A PERCOLATION TEST.

THOUGH THERE HAS BEEN SOME CONCERN EXPRESSED THAT WE DID NOT PERFORM A PERCOLATION TEST, I DO WANNA MAKE THE BOARD MEMBERS AWARE THAT THE DESIGN THAT WE PROVIDED IS IN ACCORDANCE WITH THE NEW YORK STATE STORMWATER DESIGN MANUAL, AS WELL AS PROVIDING A VOLUME FOR THE FULL FLOW EXPECTED OVER THE 24 HOUR STORM PERIOD, AND THAT ANY PERCOLATION RESULTS WOULD ACTUALLY PERMIT FOR US, ACCORDING TO THAT DESIGN MANUAL, TO REDUCE THE AMOUNT OF VOLUME AND STORAGE RATHER THAN INCREASE IT.

UM, SO, SO EFFECTIVELY THE SYSTEM IS AS LARGE AS IT COULD BE AND HAS NOT BEEN REDUCED DUE TO ANY, UH, UH, SITE CONDITIONS, FAVORABLE SITE CONDITIONS.

I'M SORRY, CAN I, UM, JUST , SO I'M SAYING IT'S DESIGNED AS IF THERE WAS NO POPULTION, SO IN OTHER WORDS, YOU MADE IT LARGE IF THERE WAS NO POPULTION IT'S TAKING CARE OF OR NEEDS.

THAT IS CORRECT.

OVER THE DESIGN STORM PERIOD.

AT THE DESIGN STORM RATE, YES.

UM, IN TERMS OF THE, THE CHIPPING OR BLASTING OR, UM, OF, OF, OF, OR THE ROCK REMOVAL, I SHOULD SAY, ON SITE, UH, I DO WANNA MAKE THE BOARD AWARE THAT WE'VE ADDED NOTES ONTO OUR SITE PLAN, AND I'M JUST GONNA PULL THAT UP HERE.

UM, JUST TO REFER BACK TO THE ORIGINAL CONDITIONS THAT WERE PUT ON THE SITE PLAN APPROVAL, THAT'S AT THE TOP HERE ON OUR PLANS.

AND, AND WE JUST WROTE BACK THE THREE CONDITIONS THAT WE FOUND TO BE ADDITIONAL TO WHAT'S PRESCRIPTIVE IN THE BLASTING ROCK CHIPPING PERMITS, UH, GUIDELINES.

AND SO, SO WITH THAT, I WANNA MENTION THAT WE PLAN ON OBVIOUSLY ADHERING TO ALL OF THE ROCK CHIPPING, BLASTING PERMIT REGULATIONS, AS WELL AS THESE THREE ADDITIONAL CONDITIONS THAT WE FOUND WERE PART OF THE PREVIOUS 2015 SITE PLAN APPROVAL.

UM, AND, UM, AND JUST TO, TO STATE IT ON THE RECORD, AND FOR ANY PUBLIC THAT MAY BE LISTENING, THAT PART OF THAT PROCESS IS TO OBTAIN A ROCK REFRACTION TEST, WHICH ESSENTIALLY DETERMINES THE AMOUNT OF VIBRATIONS THAT CAN PERMEATE THROUGH THE ROCK AND AFFECT THE NEIGHBOR'S BUILDINGS.

AND THEREFORE, PRIOR TO THE COMMENCEMENT OF WORK, IT CAN BE DETERMINED WHAT LEVEL OF STRENGTH OF HAMMER OR BLASTING CAN OCCUR ON SITE SO AS TO NOT IMPACT THE NEIGHBORING STRUCTURES.

UM, AND I'M JUST GONNA GO BACK, JUST TO BUILD OFF THAT, AS MR. BATLEY INDICATED, THE TOWN OF GREENBERG HAS ROCK REMOVAL PROTOCOLS, BOTH IN THE FORM OF THE BLASTING ORDINANCE AND ROCK SHIPPING PROTOCOLS.

THE APPLICANT PRIOR TO REMOVING ANY ROCK FROM THAT SITE IN, IN THOSE MEANS, WOULD NEED TO OBTAIN A PERMIT FROM THE BUILDING DEPARTMENT AND SATISFY ANY REQUIREMENTS OF THE PLANNING BOARD'S, UH, APPROVAL OF THE PROJECT WITH CONDITIONS IF THE PROJECT WERE TO MOVE TO THAT STAGE.

THANK YOU.

THANK YOU.

UM, AND, AND I DO WANNA MENTION THAT THAT PROTOCOL IS QUITE, UH, UH, WELL WRITTEN AND EXTENSIVE COMPARED TO MOST OTHER MUNICIPALITIES.

UM, AND, AND AS LONG AS IT'S ADHERED TO, THE INTENT SHOULD BE THAT THERE IS NO EFFECT ON THE NEIGHBORING PROPERTY.

SO, UM, ACTUALLY THAT'S GOOD.

THAT'S GOOD TO HEAR BECAUSE WE DO REVISE THESE THAT WE HAD A REVISION, UH, A FEW YEARS BACK.

SO YOU'RE SAYING THAT WE'RE UH, AHEAD OF THE CURVE? WE'RE AHEAD OF THE CURVE.

THAT'S GOOD TO KNOW.

IT'S GOOD FOR THE NEIGHBORS TO KNOW AS WELL.

RIGHT, RIGHT.

AND, AND WE HAD A, A PLANNING BOARD IN TARRYTOWN THAT IMPOSED SIMILAR CONDITIONS, BUT IT WASN'T EXPLICITLY WRITTEN INTO THE TOWN CODE.

AND SO IT IS VERY REFRESHING TO SEE THAT, THAT, THANK YOU.

UM, THAT, AND THEN THE, YOU KNOW, THE LAST PART OF THIS SLIDE JUST TOUCHES BASED ON LANDSCAPING, WHICH IS MATERIALLY DIFFERENT FROM THE LANDSCAPING THAT WE'VE PROVIDED, AND, UH, HOPEFULLY THE LANDSCAPING THAT WE PROVIDED IS DIVERSE AND THAT IT MEANS THE TOWN ORDINANCE AND PROVIDES THAT BUFFER FOR THE NEIGHBORS.

UM, AND, AND, AND WITH THAT, IF, IF THE BOARD MEMBERS HAVE ANY COMMENTS OR QUESTIONS, PLEASE, UH, UH, ANY QUESTION FROM THE BOARD, UH, IN RELATIONSHIP TO THIS APPLICATION?

[00:45:03]

UH, CAN YOU, CAN YOU PUT UP THE, THE PROPOSED LANDSCAPING PLAN? I THINK I JUST .

OKAY.

SO I JUST WANNA POINT OUT THAT, UH, ALTHOUGH THEY KIND OF LOOK SIMILAR, AT LEAST LOOKING FROM THE, FROM, YOU KNOW, THIS VIEWPOINT, THERE ARE A MIXTURE OF DIFFERENT TYPES OF EVERGREEN.

SO IT'S NOT ALL THE SAME EVERGREEN ON, IN THE FRONT AND ON THE SIDE.

UM, THERE ARE ACTUALLY IN THE FRONT, THERE ARE TWO SUGAR MAPLE TREES AS WELL AS, UM, I BELIEVE TWO, TWO HOLLY'S.

UH, AND THEN THERE WERE, THERE WERE GREEN GIANT ARE PROVIDED ON THE RIGHT HAND SIDE THERE TO, TO HELP SPRING WITH THE NEIGHBORS AND BE PLANTED ON TOP OF THE WALL.

UH, AARON, I'M SORRY, CAN WE MUTE THE, I'M SORRY, WE WE'RE NOT FINISHED.

I'M GONNA BACKTRACK FOR A SECOND.

THE GREEN GIANT R PROVIDERS ARE IN THE FRONT, AND THE HOLLYS ARE ON THE RIGHT HAND TODAY IN A MIXTURE.

SO THERE IS NO SCREENING ON THE OTHER SIDE FOR THE LIVER, RIGHT? IT'S ONLY ONE SIDE.

LET THE APPLICANT SPEAK TO THAT, BUT IT DOES NOT APPEAR FROM THE DRAWING.

NO, THERE'S A WALL RIGHT ON THE PROPERTY LINE, IF YOU CAN SEE.

RIGHT, EXACTLY.

SO THERE IS NOT SCREENING, BUT THE, THE TOPOGRAPHY AND LAYOUT OF THE SITE, UH, PROVIDES MUTUAL SCREENING.

OKAY.

I HAVE ONE COMMENT ON THAT.

WHEN IT'S POSSIBLE, CAN YOU STAGGER THE TREES SO THAT I DIRECT THE ROAD DIRECT BELOW? YOU KNOW, FOR EXAMPLE, ON THE UPPER RIGHT SIDE MAY BE STAGGERING, YOU COULD ADD ANOTHER TREE, SO AND SO FORTH, MAYBE IN THE FRONT.

YES, YES.

THAT'S A GOOD COMMENT.

THANK YOU.

A LOT OF TIMES IN THE FIELDS, PARTICULARLY WHEN THERE'S ROCK, I MEAN THEY'RE GONNA BE EXCAVATING, YOU KNOW, INTO THIS AREA AND LIKELY BRINGING IN SOIL IN ORDER TO PLANT THE TREES, BUT, UM, A LOT OF TIMES WE DO BASED ON SITE CONDITIONS, STAGGER THINGS.

SO I APPRECIATE YOU BRINGING UP THAT COMMENT.

MR. GOLD TAKE ON THE LEFT SIDE, YOU DON'T REALLY NEED A LOT OF SCREENING BECAUSE THERE'S A STREET THERE.

WHAT IS, UH, NO, IT'S NOT THAT, THAT UP, I THINK, UH, CORRECT.

BROUGHT IT UP IN THE WORK SESSION, , THAT WE PREVIOUSLY HAD IT ALL, IT'S SOMEWHAT CONFUSING.

I DON'T WANNA SAY MISLEADING, BUT IT CAN BE CONFUSING BECAUSE YOU SEE FAMILY AVENUE THERE.

UM, AND THAT WAS SOMETHING THAT STAFF BROUGHT UP INITIALLY, BECAUSE IT IS NOT A CORNER LOT.

WHAT THE APPLICANT DID IS THEY SHOW, UH, ALONG THE FRONT PROPERTY LINE THE DISTANCE TO THE NEAREST INTERSECTION, WHICH IS 156 FEET PLUS OR MINUS.

THERE IS A HOUSE NEXT DOOR, UH, WHICH I BELIEVE MAY BE 63 MERCER.

SO THERE, THERE'S ONE TO THE LEFT AND THERE'S ONE TO THE RIGHT.

THE ONE TO THE RIGHT IS SIGNIFICANTLY UP SLOPE, AND THE ONE TO THE LEFT IS AT A LOWER GRADE THAN THE PROPOSED HOUSE.

OKAY.

UH, AARON, COULD YOU COMMENT ON THE BIG ISSUE WITH THE, THE TRADE, THE BIRD TRAIN ON FRONT DECK WAS THAT IT WILL BE REMOVED.

COULD YOU COMMENT ON THE SIZE OF THE REPLACEMENT TREES IN FRONT OF THE HOUSE? MR. BATLEY, WOULD YOU JUST SCROLL UP TO THE TREE CHART, THE, YEAH, UP THERE, RIGHT.

CAN YOU ZOOM IN ON THAT A LITTLE BIT? THANK YOU.

SO, UH, THE BEE TREE, WHICH, UM, WOULD BE REMOVED IF, IF THE PROJECT WERE BUILT OUT IS GONNA BE REPLACED WITH A NUMBER OF TREES.

THE TWO THAT I WANT TO POINT OUT ARE THE SUGAR MAPLE TREES.

THOSE WILL BE REPLACING TO THE FRONT YARD.

THE APPLICANT HAS SHOWN THOSE AS FOUR INCH CPER SIZE.

AT THE TIME OF PLANTING, A FOUR INCH CPER SIZE TREE IS GONNA BE CLOSE TO 20 FEET, 12 AT THE TIME OF PLANTING, IT'S, IT'S ON THE LARGER SIZE OF TREES THAT ARE TYPICALLY PLANTED AS PART OF LANDSCAPE PLANS.

SO I WANTED TO COMMEND THE APPLICANT FOR LOOKING TO INSTALL SOMETHING TO TRY AND REPLACE THAT TREE, WHICH IS A NICE LOOKING TREE, UH, IN, IN THE COMMUNITY IN THAT NEIGHBORHOOD, UM, WITH TWO SUGAR MAPLE TREES THAT ARE NOT GOING TO BE THE MINIMUM REQUIREMENT

[00:50:01]

OF THE TOWN, WHICH IS A ONE AND A HALF INCH CALIBER.

UH, AND BY CALIBER, I MEAN THE, THE STEM DIAMETER A ONE AND A HALF INCH CALIPER TREE MIGHT BE EIGHT TO 10 FEET TALL, WHERE THE FOUR INCH CALIPER TREE IS, IS I WOULD SAY 18 AND 22 FEET TALL AT THE TIME OF PLANTING.

SO THESE ARE TWO SIGN FAIRLY SIGNIFICANT SIZE TREES GOING BACK IN AND CERTAINLY LARGER THAN WHAT'S REQUIRED BY THE CODE.

UH, THERE ANY OTHER COMMENTS FROM, UH, THE BOARD ON THIS, UM, APPLICATION? IF NOT, I, UH, I MAKE A MOTION WE CLOSE THE HEARING AND KEEP, UH, UH, YOU WANT, UH, PUBLIC TO SPEAK FIRST? OH, I'M VERY SURE.

YEP.

YEP.

MY MISTAKE.

PUBLIC WISH TO SPEAK TO THIS APPLICATION.

THERE ARE, UH, CHAIRPERSON SIMON AND MR. BAT, IF YOU COULD TAKE DOWN THE SHARE SCREEN SO WE CAN MORE EASILY IDENTIFY FOLKS THAT WOULD LIKE TO SPEAK.

I KNOW WE HAVE, UH, MR. LEY WHO WOULD LIKE TO SPEAK MR. BOW, MS. SERGEANT , UM, MS. ZER AND, UH, MR. PIGMENT.

SO THERE ARE A NUMBER MEMBERS OF THE PUBLIC, SO I'LL, I'LL, UH, START OFF WITH MR. I APOLOGIZE FOR SKIPPING THAT WE WAS NON INTENTIONAL.

UH, SO WELCOME THE COMMENTS OF THE PUBLIC.

UM, NOW MR. RE, UH, YES, THIS IS, THIS IS CHRISTOPHER RAILING.

I RESIDE AT 72 ME AVENUE, WHICH IS DIAGONALLY ACROSS FROM, UH, FROM THE SITE.

AND, UH, I'M, I'M COMMENTING ON THEIST REPORT FROM MIKE , DATED FOUR FEBRUARY, 2021 FOR CASE NUMBER PB 2012.

I'D LIKE TO SAY THAT ALTHOUGH I'M NOT A CERTIFIED ARBORIST, I DO HAVE VERY STRONG TECHNICAL BACKGROUND HAVING GRADUATED FROM THE STEVENS INSTITUTE TECHNOLOGY WITH A BACHELOR'S DEGREE IN MECHANICAL ENGINEERING AND A MASTER'S DEGREE IN OCEAN ENGINEERING.

BUT BEING RETIRED, I HAVE LED AN EXPERT TRAIL TRAIL CREW FOR THE PAST 10 YEARS, BUILDING VERY TECHNICAL HIKING TRAILS AND WORKING IN THE WOODS OVER THAT PERIOD OF TIME.

AND PREVIOUSLY, WE HAVE OBSERVED HUNDREDS OF TREES OF THIS SIZE AND LARGER IN THE WOODS.

FURTHERMORE, FOR THE PAST 20 YEARS, I'VE WORKED AS A CHAIN SAWYER CERTIFIED WITH THE NATIONAL PARK SERVICE THROUGH A T C CLEARING ROAD ISLAND TRAILS.

HAVING READ MR. ENCINO'S REPORT, I WENT OVER TO CLOSELY OBSERVE THE BEACH TREE HIMSELF.

MY BASIC OBSERVATION IS THAT HE WAS ALMOST TALKING ABOUT A DIFFERENT TREE OTHER THAN THE FACT THAT THE TREE HAS GROWN OVER A ROCK.

IT SEEMS TO BE LISTED AS A CONCRETE SLAB ON THE STREET SIDE AND TWO FENCE AND TWO FENCE POSTS ON ITS SIDE.

I FOUND NO DEAD WOOD OR HOLLOW SECTIONS IN THE BASE, AND I TAPPED AROUND THE WHOLE TREE TO FIND THAT IN OUR CREW'S OBSERVATIONS OF SIMILAR TREES IN THE FOREST IS NOT UNCOMMON FOR THEM TO GROW OVER OBJECTS OR IMPEDIMENTS AND SURVIVE QUITE WELL.

THE BARK IS NOT PEELING ANYWHERE.

AS THE REPORT SAYS, THE SMALL PHENOMEN OF CRACKING IN THE BARK IS NORMAL FOR THIS AGE BEACH TREE, THERE WERE A FEW MEDIUM DEAD BRANCHES HALFWAY UP, BUT THESE COULD EASILY BE REMOVED IF THE TREE WERE PROPERLY PRUNED.

THE CROWN DOES NOT SHOW DIE OFF BEING FULL AND FULLY LEAF OVER THE PAST YEAR.

FURTHERMORE, THE REPORT INDICATES THAT THERE ARE THREE MAJOR LIMBS THAT POSE A POTENTIAL DANGER OF FALLING DUE TO THEIR V FORMATION OUT OF THE MAIN STEM.

HOWEVER, THIS COULD EASILY BE MITIGATED BY CABLING.

THE THREE TOGETHER CABLING WAS DONE TO SEVERAL LARGE TREES ON MY PROPERTY WITH ONE DAMAGE OCCURRING FOR MANY SINCE ALL OF THESE MINOR ISSUES COULD BE EASILY TAKEN CARE OF WITH PROPER ARBORIST CARE.

MY PERSONAL OPINION IS THAT THE TREE IS QUITE HEALTHY AND SOUND OUT.

AND TO RE TO REITERATE WHAT I SAID

[00:55:01]

AT THE PREVIOUS MEETING, THERE'S 14 FEET ON THE SOUTH SIDE OF THIS TREE TO THE PROPERTY EDGE THAT'S ON THE LEFT SIDE OF THE TREE FACING THE STREET.

THERE'S MORE THAN ENOUGH ROOM TO PROVIDE FOR DRIVEWAY, WHICH WOULD HAVE TO BE REDESIGNED BY THE BUILDER IN AN SS PATTERN INSTEAD OF STRAIGHT OUT OF THE BUILDING POSSIBLY IMPACTING HIS COST.

THE DISCREPANCY IN FALSEHOODS FROM DEVELOPERS' AIST REPORT INDICATE TO ME THAT THERE'S A MAJOR CONFLICT OF INTEREST HERE ELSE.

WE, IN ADDITION TO THE APPLICATION , DID WE HAVE A THIRD PARTY ISTS LOOK AT THAT TREE? YES.

AS AS STATED IN MY OPENING REMARKS, CHAIRPERSON SIMON, THAT TOWNS FORESTRY OFFICER WAS A CERTIFIED ARBORIST, DID GO OUT TO THE SITE , SS V E N ER, H O E G E R FOR WITH BARBARA .

AND, UM, HE DID FOLLOW UP, UH, HE DID HAVE THE REPORT IN HAND.

HE WENT OUT TO OBSERVE THE BEACH TREE.

HE DID SEE THAT THERE WAS DEADWOOD IN THE CANOPY, UM, THAT THERE WAS, UM, WHAT APPEARED TO BE LIKE, UM, INSTALLATION OF SOME SORT OF CONCRETE AT THE BASE OF THE TREE WHERE THERE VERY WELL COULD HAVE BEEN, UH, UH, A VOID.

AND HE ALSO INDICATED THAT BEACH TREES IN GENERAL ARE, ARE IN THE MIDST OF SUFFERING FROM A NUMBER OF DISEASES, WHICH IS A CONCERN FOR, FOR THE BEACH SPECIES.

UM, IN FACT, HE HAD INFORMED ME THAT IN ONE OF THE TOWN GREENBURG PARKS, UH, A NUMBER OF BEE TREES HAS RECENTLY BECOME, UH, DISEASE, WHICH, WHICH A NEW DISEASE IS BEACH DISEASE, WHICH CAN BE DEVASTATING TO A SPECIES.

SO HE DID INDICATE IN HIS OVERALL VIEW THAT, UM, ALTHOUGH HE TREATED A NICE LOOKING TREE, UM, HIS BELIEF IS THAT WITH ITS DECLINING CONDITION, UH, THE FACT THAT EVEN WITH SHIFTING A DRIVEWAY AND TRYING TO MINIMIZE IMPACT TO THE TREE ROOT SYSTEM, IN ALL LIKELIHOOD THE TREE WOULD NOT SURVIVE FOR A SIGNIFICANT LENGTHY PERIOD OF TIME.

AND THAT COUPLED WITH THE APPLICANT'S PROPOSAL TO REPLACE THE TWO NATIVE SUGAR MAPLE TREES OF A SIGNIFICANT SIZE AT THE TIME OF PLANNING, WOULD BE SOMETHING THAT THE BOARD SHOULD CONSIDER AS PART OF, UH, THIS PROPOSAL.

THAT WAS HIS OPINION.

THANK YOU.

AND ANYONE ELSE WOULD LIKE TO SPEAK TO THIS APPLICATION? WELL, FIRST OF ALL, MR. UH, ARE YOU FINISH? I'M FINISH.

THANK YOU.

UNTIL MR. I BELIEVE WE HAVE, UH, MR. ELIA MUTE? YES, GOOD EVENING.

UM, I JUST WANTED TO, FIRST OF ALL, I, I'D WOULD LIKE TO THANK THE BOARD AND I'D ALSO LIKE TO THANK MR. BRADLEY BECAUSE I SEE THAT HE IS, UM, REALLY PAYING ATTENTION TO OUR CONCERNS AND TRYING TO ADDRESS THEM.

UM, I HAVE JUST TWO THINGS THAT I WOULD LIKE TO INCLUDE IN MY COMMENTS, AND ONE IS, UM, AND I SENT IT LATE.

I SENT IT AROUND FIVE 30 TO AARON AND IT WAS A, A, UM, A REPORT FROM BILLOW ENGINEERING THAT I FOUND IN MY FILES FROM, FROM THE 2015 HEARING.

UM, AND I JUST WANTED TO MAKE SURE THAT IT WAS PART OF THE RECORD BECAUSE IN THAT REPORT THEY TALK ABOUT, UM, MANY OF THE CONCERNS THAT WE'VE STATED.

I I DON'T KNOW IF THEY'RE THE SAME CONCERNS OR DIFFERENT CONCERNS.

AND SO WANTED TO MAKE SURE THAT THE TOWN WAS AWARE OF WHAT THIS ENGINEERING REPORT SAID AND TOOK ANY MEASURES THAT THEY NEEDED TO TAKE TO ENSURE THAT SOME OF THOSE RECOMMENDATIONS, IF VALID, UH, ADDRESSED BY THE, UM, AND THEN THE SECOND WAS JUST, UH, LISTENING, UH, TO THE HEARING.

I, IN ALL OF THE CONVERSATIONS THAT I'VE HEARD IN THE PAST, AND NOW, I NEVER HEARD THE WORD BLASTING BEING USED IN THE SENSE THAT I THOUGHT WE WERE TOLD THAT BLASTING WOULD NOT OCCUR, AND TODAY WAS THE FIRST TIME THAT I SORT OF HEARD THAT IT MAY OCCUR.

UM, AND SO JUST ONCE IN CLARIFICATION AROUND THAT.

THANK YOU.

OKAY.

SO I JUST WANTED TO, UM, ASK MR. RIO TO STATE YOUR ADDRESS FOR THE RECORD.

SURE.

I'M A RESIDENT AT 64 MERCER AVENUE, RIGHT ACROSS THE STREET FROM THE PROPERTY.

I I WAS JUST GONNA STATE,

[01:00:01]

I'M SORRY, CHAIR .

I WAS JUST GONNA STATE THAT I DID JUST LOOK AND I DID SEE YOUR EMAIL.

I WILL FORWARD THAT OUT TO THE BOARD MEMBERS.

I'LL REVIEW IT WITH, UM, ANY NECESSARY STAFF, AND I WILL FORWARD A COPY TO THE APPLICANT AS WELL, SO THAT IT WILL BE MADE PART OF THE PUBLIC RECORD.

THANK YOU.

AND THAT'S ALL.

AND EVEN IF YOU DIDN'T SEND IT IN TONIGHT, WHEN WE CLOSE THE HEARING, WE KEEP THE RECORD OPEN FOR ABOUT 10 DAYS.

SO EVEN IF THAT LETTER CAME IN TOMORROW OR THE NEXT 10 DAYS, THAT WILL STILL BE PART OF OUR CONSIDERATION WHEN WE MAKE THE FINAL DECISION.

THANK YOU.

THAT'S WHY WE KEEP RECORD OPEN SEVERAL DAYS AFTER THE HEARING FOR CASES LIKE, LIKE .

OKAY, NOW THE OTHER QUESTION GOES TO THE APPLICANT.

THE SECOND QUESTION IS ABOUT THE BLASTING, IF I MAY.

OKAY.

SO, SO I'M SORRY.

THAT'S, UH, THE ONLY REASON I USE THE WORD BLASTING IS BECAUSE THAT'S THE WAY THAT THE, THE, THE PERMIT FROM THE TERM OF GREENBERG IS FORMULATED.

IT'S CALLED A BLASTING SLASH CHIPPING PERMIT, IF I'M NOT MISTAKEN.

HOWEVER, I DO WANNA EXPLICITLY STATE ON THE RECORD THAT WE DO NOT HAVE A PLAN TO USE ANY BLASTING FOR THIS EXCAVATION, AND WE DO PLAN ON STRICTLY USING ROCK CHIPPING.

THANK YOU.

WE HAVE OTHER SPEAKERS.

UH, MR. BODEN, I BELIEVE, INDICATED HE WANTED TO SPEAK.

YES.

MY NAME IS MURRAY BOLDEN.

I LIVE IN DALE, NEW YORK.

I HOPE YOU'RE ALL AWARE OF THE CATASTROPHE IN TEXAS AT THE PRESENT TIME WHERE THOUSANDS, HUNDREDS OF THOUSANDS OF PEOPLE, MILLIONS, IF THE NUMBERS ARE CORRECT, HAVE LOST THEIR ELECTRIC POWER AND TEMPERATURES ARE DOWN AROUND 10 ABOVE ZERO.

UH, I HAVE FAMILY BEING IMPACTED BY THAT.

THE GRID SAYS, WELL, WE FOLLOWED ALL THE RULES.

THE POINT BEING IS BECAUSE OF THE CATASTROPHE OF GLOBAL WARMING, THE OLD RULES NO LONGER REPLY.

AND MANY OF THE RULES THAT THE PLANNING BOARD USES AND THE TOWN USES AREN'T VIOLENT IN THIS WORLD OF GLOBAL WARMING AND CATASTROPHIC EVENTS.

SO SOME OF THE THINGS WHERE YOU SAY, WELL, WE'VE BEEN DOING THIS FOR 20 YEARS, CAN'T DO IT ANYMORE.

WHEN GENERAL NOTICE SAYS IN FIVE YEARS, WE WILL NOT MAKE INTERNAL COMBUSTION ENGINES.

THEY ATTENTION WHEN VOLKSWAGEN SAYS, WE'LL MAKE NO MORE INTERNAL COMBUSTION ENGINES.

MR. AGAIN, MR. SIMON, IT'S MY FLOOR.

I IT'S NOT YOUR FLOOR.

YOU CANNOT INTERRUPT ME RELATING IT TO THE TREE I'M RELATED TO WITH YOU.

NO, I'M GOING.

OKAY.

I GET ABOUT THE TREES WHEN I ARGUE WITH YOU.

OKAY, MR. BOWDEN, YOU ARE ON MUTE.

LET ME EXPLAIN WHAT THE PROCEDURE IS.

YOU, WE ARE TALKING ABOUT THE NO ONE HEAR YOU.

WE ARE TALKING ABOUT THE APPLICATION BEFORE YOU.

I DON'T DISCREDIT ANYTHING THAT YOU HAVE SAID.

I TOTALLY AGREE WITH YOU.

BUT TONIGHT THE ISSUE IS ONLY THIS PARTICULAR APPLICATION.

SO YOUR COMMENTS NEED TO BE FOCUSED TO THIS APPLICATION.

OKAY.

I WILL TAKE THE NEEDLE OFF AND YOU CAN CONTINUE WHAT YOU'RE SAYING, BUT YOU HAVE TO STAY ON THE TOPIC AND IT'S THIS APPLICATION.

GO AHEAD.

ONLY MR. MOIN, I'VE PUT IN REQUEST FOR MR. MOIN VOTING TO AREA THE TREE.

GOOD.

WHAT IS THE POINT OF MY DISCUSSION? THE TREE THAT YOU'RE DISCUSSING HAS PROBLEMS AS DESCRIBED BY AARON SCHMIDT.

THE FACT THAT THE CLIMATE HAS CHANGED HAS CHANGED HOW WE VIEW THE INSTALLATION AND UPKEEP OF TREES.

THE CONCEPT OF KEEPING A TREE THAT WAS THERE IN GOOD SHAPE 10 YEARS AGO MAY NO LONGER APPLY.

THE CONTRACTOR SEEMS TO UNDERSTAND AS SCHMIDT AND SCHMIDT DOES, THAT A NEW SPECIES OF TREES ADAPTED TO THE FUTURE SHOULD BE INCLUDED.

[01:05:02]

MANY OF THE TREES THAT WE THOUGHT WERE WONDERFUL AND HAVE BEEN THERE OUR ENTIRE LIVES NO LONGER WILL BE THERE IN FIVE YEARS.

I BROUGHT IN THE FACT THAT THE CAR INDUSTRY IS CHANGING TO EMPHASIZE THE FACT THAT GLOBAL WARMING HAS CHANGED EVERYTHING.

IT IS A CATASTROPHIC SITUATION AND NEEDS TO BE DEALT WITH.

THOSE TREES THAT HAVE GROWN TO BE VERY LARGE NEED TO COME DOWN AND BEING REPLACED BY NEW SPECIES, AS AARON HAS SAID, THAT ARE NOW COMING INTO USE.

WE HAVE LIVED WITH THESE TREES THAT WERE WONDERFUL IN THEIR TIME, BUT THE TIMES HAVE CHANGED.

MANY OF THE RULES THAT YOU ARE USING TODAY WERE VALID WHEN THEY WERE RIDDEN, BUT THEY ARE NOT VALID FOR TODAY'S WORLD CLIMATE CATASTROPHE, WHETHER YOU BELIEVE IT OR NOT, MOST COUNTRIES ARE DEALING WITH IT, WHICH MEANS THAT THE TREES THAT WE'VE COME TO LOVE OUR ENTIRE LIVES NEED TO BE REPLACED BY DIFFERENT ADAPTABLE SPECIES.

AS YOUR ARB HOUSE SAID, THIS TREE MAY LIVE FOR ANOTHER COUPLE YEARS, THIS COULD COME CRASHING DOWN RIGHT ACROSS THE STREET FOR ME, A TREE THAT WAS WONDERFUL ONE AND A HALF, TWO STORMS AGO.

IT'S VERY DIFFICULT FOR PEOPLE WHO HAVE BEEN DOING THIS FOR YEARS AND YEARS TO UNDERSTAND THAT THE CLIMATIC CONDITIONS OF TODAY ARE DIFFERENT THAN THEY WERE FIVE YEARS AGO.

WALTER, WHAT DOES THIS HAVE TO DO WITH OUR APPLICATION? THE APPLICATION IS TO LET TREES AND SHOULD YOU SAVE THAT PARTICULAR TREE? I THINK YOU ANSWERED YOUR .

HAVE A SPECIFIC COMMENT ON THIS APPLICATION.

MAKE IT, IF NOT, LET'S GO ON TO THE NEXT SPEAKER.

NOW, ONE OF THE THINGS THAT, UH, I DON'T ENJOY, UH, AMU, ANYONE BECAUSE THIS IS THE PUBLIC HEARING AND THE PUBLIC HAS THE RIGHT TO SPEAK, BUT IT ALSO INDIVIDUAL HAVE TO TAKE ON A RESPONSIBILITY.

ALSO, WE DON'T HAVE A TIME CLOCK TO SAY, YOUR THREE MINUTES IS OVER YOU, FIVE MINUTES OVER, OR WHATEVER THE CASE.

BUT THE PUBLIC HAS A RESPONSIBILITY ALSO TO STAY ON TOPIC, SPEAK TO THE ISSUE AT HAND.

SO, AND I WOULD HOPE THAT THE, UH, UH, IT IS A GOOD RESPONSIBILITY.

WE HAVE THE OBLIGATION TO LISTEN.

THE PUBLIC HAS THE OBLIGATION TO STAY ON TRACK.

OKAY, SO THE NEXT SPEAKER PLEASE.

YES.

SO WE HAVE, UM, BARBARA, ER JUST PLEASE UNMUTE YOURSELF FIRST AND STATE YOUR NAME AND ADDRESS FOR THE RECORD.

THANK YOU.

BARBARA ELLIOT LAWSON.

I HAVE QUESTIONS ABOUT THE ROCK.

YOU SAID THAT, UH, I'M SORRY, CAN YOU, CAN YOU REPEAT THAT? I DID NOT HEAR THAT.

UH, BARBARA AND ELLIOT LAWSON, SIR, ON KAON TERRACE, WHICH IS PARALLEL TO ME.

UH, I HAVE QUESTIONS TO MR ALSO TO THE MICROPHONE.

IT IS VERY DIFFICULT TO UNDERSTAND WHAT YOU'RE SAYING.

ELLIOT AND BARBARA LASSETER ON CATER AND TERRACE, THANK YOU, UH, TO MR. BADLEY.

UH, THE, YOU KNOW, THE HARD OF THE ROCK.

YOU SAY THAT YOU'RE NOT GONNA BLAST, BUT I KNOW THE WALK AROUND HERE IS VERY HARD AND I'M, I'M ASKING YOU, AND I DON'T KNOW THE TOWN ORIGINS, BUT YOU WILL THERE BE VIBRATION MONITORING AND DUST AND NOISE CONTROL, UH, LIKE, UH, TO THE ADJACENT BUILDINGS.

SO WE'RE JUST GONNA ASK YOU TO MAKE ALL OF YOUR COMMENTS AND THEN WE'LL GATHER OTHER COMMENTS FROM OTHER MEMBERS OF THE PUBLIC AND HAVE THE APPLICANT IS THE, IT HAS TO BE MONITORED BECAUSE EVEN IF YOU'RE GONNA BE CHIPPING THAT ROCK, IT'S VERY HARD AND THE VIBRATION WILL TRANSMIT, UH, TO THE SURROUNDING HOUSES.

AND, AND YOU ALSO HAVE NOISE.

THE SECOND THING IS, UH, ON ON STORM DRAINAGE, UH, THERE'S ALL THE ROOF GUTTERS AND EVERYTHING, UH, CONNECTING TO THE STORM SYSTEM.

ARE YOU GONNA BE, UH, UH, UH, SPILLING YOUR WATER, UH, ONTO THE SITE? I, I DON'T, I DON'T, I DIDN'T SEE ANY STORM RAGE, UM, UH, CALCULATION THERE.

UH, BUT THAT YOU'RE TAKING THAT MUCH ROCK OUT, YOU'RE GONNA HAVE SERIOUS, SERIOUS WATER PROBLEMS, I BELIEVE, TO THE ADJACENT PROPERTIES, UNLESS YOU, IN, UNLESS YOU'RE PUTTING A LOT OF TRENCH DRAINS AND DIVERT THE WATER IN DIFFERENT DIRECTIONS.

SO THE SECOND QUESTION HAS TO DO WITH THE DRAINAGE OFF OF THE SITE.

UM, AND THEN, AND THAT'S IT.

OKAY, SO,

[01:10:01]

I'M SORRY, THE THIRD QUESTION AND THIRD THING COME POINT, I IS, I, YOU KNOW, WE'VE HAD A NUMBER OF TREES FALL IN, IN THIS AREA, AND, UH, ONE OF THE REASONS THEY FALL IS 'CAUSE THEY'RE POACHED ON ROCK.

SO ANYTHING THAT'S REALLY BIG, IT PROBABLY DOESN'T HAVE DEEP ROOTS.

IT'S, IT, IT HAS SHALLOW ROOTS THAT ARE SPREAD OVER.

SO THEY'RE A TREE THAT OLD AND, AND TREES DO GROW OLD, YOU KNOW, AND, AND, UH, AND WHAT HAPPENS IS THAT BECAUSE OF THE SHALLOW ROOT PROBLEM, I HAVE A TREE FALL ON MY DECK.

UM, IT, IT, IT WILL GET, UH, IT WILL FALL OVER, UH, BECAUSE IT DOESN'T HAVE DEEP ROOTS.

SO I, I WOULD SUPPORT, UH, TELL YOU A GOOD LOOKING GLOWING THAT TREE BECAUSE OF THE, THE SHALLOW WEAKNESS OF IT.

I'M REFERRING TO THE BED SCREEN.

YEAH.

UH, UH, YEAH, IF I, I WALK BY THAT EVERY DAY AND THEN IT IS PERCHED ON A ROCK.

I WOULDN'T BE SURPRISED IF, UH, IF THE ROOTS DON'T GO ARE, ARE ALL ON THE SURFACE.

UH, AND, AND, AND THE SOIL IS VERY SHALLOW IN THAT LOCATION, SO IT'S AMAZING.

IT HASN'T FALLEN YET.

BUT WE RECENTLY DOWN THE BLOCK EVERYBODY KNOWS, AND A BIG TREE WAS ROTTEN INSIDE ALL OVER, BUT YOU COULD SEE HOW IT'S PERCHED ON ROCK AND IT IS JUST NOT WHERE YOU WE'RE GONNA LET THE APPLICANT ANSWER ALL THE QUESTIONS AT THE SAME TIME.

OKAY.

THAT'S IT, THAT'S ALL I HAVE TO SAY.

OKAY.

THANK YOU.

UM, ALEX AND CYNTHIA CASTILLO, DO YOU WISH TO SPEAK THIS EVENING? INDICATED? NO, BARBARA.

JUST, IS THERE ANYONE ELSE THAT WISHES TO SPEAK ON THIS APPLICATION THIS EVENING? PARDON, MR. ? I, I DO WANNA ADDRESS ONE THING BECAUSE I KNOW HE WAS HERE EARLIER AND HE LEFT.

MR. PIGG HAD SENT A LETTER, AND ONE OF THE QUESTIONS HE ASKED IS REALLY SOMETHING GERMANE, UH, TO A LEGAL ISSUE.

UM, HE HAD ASKED WHETHER UNDER THE PRIOR, UM, APPLICATION , WHETHER OR NOT, UH, WE CAN BE SURE THE EXTENSIONS WERE PRO PROPERLY EXECUTING FROM 2015 TO THE PRESENT DAY.

UH, I DO WANT ON THE RECORD TO ADDRESS THAT.

THE ANSWER ONE IS YES, THEY WERE, BUT ACTUALLY BECAUSE THIS IS A NEW APPLICATION, UH, THE BENEFIT, UH, THAT, UH, UH, RESULTS AS A RESULT OF THIS IS THAT HAD THEY JUST BUILT UNDER THE OLD APPLICATION, THEY WOULD NOT BE THIS PUBLIC HEARING TODAY, AND IT WOULD NOT BE UNDER, UH, THE TREE LAW BECAUSE THERE WAS APPROVAL EARLIER.

SO, UM, THERE'S ACTUALLY A BENEFIT FOR HAVING THIS PUBLIC HEARING AND HAVING THIS, UM, AMENDMENT, UH, TO THE STEEP SLOPE, UH, BEING BROUGHT IN, UH, 2021 RATHER THAN, UH, RELYING ON THE OLD CASE.

DAVE.

UM, WERE THERE OTHER THINGS MR. TON HAS SENT IN THERE THAT WE SHOULD READ INTO THE RECORD? I THINK THEY WERE ADDRESSED.

IT WAS ABOUT VIBRATION.

UM, I THINK THOSE HAVE HAVE BEEN ADDRESSED.

UH, OKAY.

BEFORE WE GO ON TO, I WENT OFF TO THE APPLICANT, APPLICANT'S ENGINEER, UH, AARON AND DAVE.

UM, COULD YOU EXPLAIN, I THINK TO MR. LAWS IT WOULD BE HELPFUL? WHAT IS IN OUR, UH, ORDINANCE IN TERMS OF BLASTING AND SHIPPING AND, AND WHAT, WHAT, UH, CARE IS TAKEN IN TERMS OF THAT PLEASE.

I THINK, I THINK THE TOWN IS BETTER TO ADDRESS THAT THAN THE APPLICANT.

OKAY.

WELL, I'M HAPPY TO GO THROUGH THAT.

UM, LET ME JUST PULL UP A DECISION HERE.

SO FIRST OFF, AS I MENTIONED EARLIER, UH, THE TOWN DOES HAVE A SPECIFIC BLASTING ORDINANCE THAT AN APPLICANT SEEKING TO REMOVE ROCK THROUGH BLASTING MUST COMPLY WITH IN FULL.

UH, THE APPLICANT INDICATED IN THIS CASE THAT IT SEEKS TO REMOVE ROCK BY MEANS OTHER THAN BLASTING, UM, SUCH AS THROUGH ROCK CHIPPING.

UM, WHILE THE TOWN DOESN'T HAVE A SPECIFIC ORDINANCE ON ROCK CHIPPING, IT DOES REQUIRE THAT A ROCK CHIPPING PERMIT BE SECURED THROUGH THE BUILDING DEPARTMENT.

FURTHER.

IN ADDITION TO THAT, THE PLANNING BOARD OVER THE COURSE OF THE YEARS, YEARS HAS PUT TOGETHER, UH, CONDITIONS OF, WITH RESPECT TO ROCK REMOVAL ON A SITE ONE, AND I'LL JUST GO THROUGH A COUPLE OF THEM QUICKLY.

ONE, IF THE APPLICANT INTENDS TO REMOVE ROCK BY MEANS, OTHER THAN BLASTING, WHICH IT SEES WHICH THE APPLICANT IS INDICATED, A HIGH RESOLUTION SEISMIC REFRACTION SURVEY MUST BE PERFORMED.

A GEOTECHNICAL ENGINEER SHALL INTERPRET THE RESULTS OF THE SURVEY AND WILL DETERMINE WHETHER OR NOT ALL OF THE ROCK CAN BE REMOVED BY MEANS OTHER THAN BLASTING.

IF THE REPORT REVEALS THAT ALL OF THE ROCK CANNOT BE REMOVED BY ANY THAT THAN BLASTING, THEN NO REMOVAL OF THE OVERBURDEN SHALL TAKE PLACE WITH THE EXCEPTION OF TREE STAMPS, TOX SOIL OR MATERIALS RENDERED INCONSEQUENTIAL BY

[01:15:01]

THE BLASTER.

KAREN, IF I COULD INTERRUPT FOR ONE SECOND.

UH, WE DID ACTUALLY, IT, IT UPGRADE OUR, UH, CODE.

AND SO I'VE PUT THAT HOPEFULLY ON THE SHARE SCREENER.

YEAH.

SO THAT, SO ABOUT A YEAR AGO AT TO THE DAY WE'VE UPDATED OUR ROCK SHIPPING.

UM, AND SO I PUT THAT ON, UH, I, I DON'T THINK THEY'VE ADDRESSED, AS MS. ER'S QUESTION ON I AND I, I'D LIKE TO GET TO IT.

IN, IN OUR BLASTING CODE, WE ACTUALLY DO PUT SE SEISMIC, WHATEVER YOU CALL THOSE METERS IN PEOPLE'S FARM.

OKAY.

SO THERE'S A FREE BLAST SURVEY.

THAT'S RIGHT.

THERE'S A BLAST SURVEY.

BUT DON'T WE, WE ALSO MONITORED DURING THE BLASTING, I BELIEVE AND IN DURING, IN BLASTING BLASTING, CORRECT.

RIGHT.

NOW I HAVE A QUESTION, THOUGH, IF INDEED, I MEAN, I'VE HEARD, I UNDERSTAND MR. WASSER'S CONCERN BECAUSE YOU'VE HEARD FROM MANY CONTRACTOR THAT ACTUALLY CHIPPING CAN BE WORSE THAN BLASTING BECAUSE IT'S, IT TAKES A LONG TIME AND IT'S CONSTANT VIBRATION.

CAN THIS BOARD, UH, IF, IF THIS SITUATION WARRANTS IT, AND THIS WOULD BE, I THINK UP TO THE OPINION OF OUR, OUR TERM ENGINEER POTENTIALLY, UM, ASK FOR THE SAME KIND OF MONITORING THAT WE DO IN BLASTING AND IN SHIPPING OPERATION.

IF, FOR INSTANCE, WE SEE THAT THERE'S BEDROCK THAT'S GOING FROM THIS PROPERTY INTO, INTO A NEIGHBORING PROPERTY, FOR EXAMPLE.

SO I THINK DAVID DAVID'S SHOWING US SOME OF THE, UH, SUBSECTIONS OF THE CHAPTER THAT SPECIFICALLY YEAH, THE BIG THING IS MONITORING.

YOU'RE GONNA HAVE TO HAVE CONSTANT MONITORING OF THAT BECAUSE THE VIBRATION WILL TRANSMIT, WE'RE ON A ROCK MOUNTAIN HERE ON, UH, OVER HERE.

RIGHT? SO THAT'S SUBSECTION F A VERY RIGOROUS SEISMIC GRAFT THAT PUT ON, I, I WOULD SAY WITHIN A HUNDRED FEET, UH, UH, OF, UM, OF RADIUS OF THAT AT LEAST CONSIDER MR. ER IN OUR BLASTING POINT, UH, BLASTING REGS.

WHAT I'M ASKING THEN IS WHAT HAPPENS IN THE CASE, TO YOUR POINT, WHAT HAPPENS IN THE CASE OF CHIPPING? IS IT IN THE REGS IN THAT CASE? DO WE HAVE THE OPTION TO PUT IT INTO OUR, OUR, UH, APPROVAL? THAT'S WHAT I'M ASKING YOU.

OKAY.

YEAH.

I I, YEAH, YOU SHOULD HAVE SOME SORT OF MONITORING, UH, THE CHIPPING, YEAH.

SHIPPING IS, IS, UH, IS THE WRONG WORD.

THIS IS HEAVY, HEAVY ROCK.

HE'S GONNA HAVE TO DRILL IT AND SPLIT IT.

UH, HE'S GONNA HAVE BIG MACHINES IN THERE.

UH, IT'S GONNA BE QUITE A, A, A DISRUPTION FOR QUITE A WHILE.

OKAY.

SO, SO AS MR. FREE INDICATED, UH, THE CODE WAS UPDATED, AND I APPRECIATE THAT, DAVID, THOSE SUBSECTIONS THAT YOU'RE SEEING.

THERE ARE WHAT THE PLANNING BOARD INCLUDES IN ANY DECISION ON THE PROJECT.

IF YOU LOOK AT, UM, YES, SUBSECTION E TALKS ABOUT PRECONDITION PRE-CONSTRUCTION SURVEYS OF ALL ADJACENT STRUCTURES THAT DATED WITHIN 50 FEET OF THE LIMITED DISTURBANCE.

SO THERE'S A WIDE LIMITED DISTURBANCE ON THE PROPERTY, AND THAT'S IDENTIFIED.

SUBSECTION F TALKS ABOUT, UM, THE SEISMIC GRAPHS, UH, THAT SHALL BE MONITORED ONCE AN HOUR, UH, TO ENSURE THAT VIBRATIONS FROM THE SITE DO NOT CAUSE DAMAGE TO ADJACENT STRUCTURE TO THE PROPERTY, AND, UH, GOES ON BEYOND THAT.

SO THOSE CONDITIONS, IF THIS PROJECT WERE TO MOVE TOWARD THE DECISION WOULD BE INCLUDED AS PART OF THE PLANNING BOARD DECISION? YEAH, WE'VE TO BE THRESHOLDS THAT WOULD HAVE TO BE, UH, UH, RESPECTED, UH, SOME NOTIFICATIONS AND, AND STOP YOUR, SO AS IT INDICATES, UM, THE DAILY REPORT OF THE SEISMIC GRAPH READING MUST BE SUBMITTED TO THE BUILDING INSPECTOR, THE REPORT SHALL USE THE U S B M VIBRA VIBRATION LIMIT CURVE DEVELOPED FROM THE R 1 8 5 0 7, SHOULD A SEISMIC READING LIMITATION TO WORK MS. CEASE IMMEDIATELY AND WRITTEN NOTIFICATIONS BE SUBMITTED TO THE BUILDING, EXPECT SO THAT ALL THOSE COSTS ARE BLOWN BY THE BUILDER.

YES, THAT'S CORRECT.

THAT LOOKS PRETTY GOOD.

OKAY.

WE HAVE A SECOND QUESTION, WALTER, FROM MR. LAS REGARDING DRAINAGE.

YES.

WE LET THE APPLICANT SPEAK TO THAT, RIGHT? 'CAUSE THEY DO HAVE A STORMWATER MANAGEMENT PLAN, MR. BATLEY, THANK YOU.

UM, I'M GONNA JUST SHARE MY SCREEN AGAIN BECAUSE I, I DO HAVE A STORMWATER MANAGEMENT PLAN HERE.

UM, SO I DO WANNA MENTION THAT WE HAVE A DRAIN FOR THE DRIVEWAY AND WALKWAYS.

WE HAVE ALL OF THE GUTTERS AND METERS CONNECTED, AND WE EVEN HAVE OVER HERE IN THE BACKYARD AN ADDITIONAL DRAIN, WHICH IS ACTUALLY IN THE GRASS AREA.

UM, SO, AND UNLESS TO COLLECT ANY ADDITIONAL RUNOFF THAT MIGHT BE COMING DOWN THE SITE.

AND, UH, WE DID PERFORM OUR STORMWATER CALCULATION HERE AS WELL.

UM, I BELIEVE THOSE WERE THE, THE TWO ITEMS IN REGARDS TO THE STORM WATER THAT WERE MENTIONED.

[01:20:01]

AND, UM, WE ALSO PROVIDED SOME CROSS SECTIONS THROUGH THE SITE TO SHOW THE GRADE OVER HERE AS WELL.

THE, THE STORMWATER MANAGEMENT, THE SHARED GROUP, THE CHAIRPERSON, HAD RELAYED A COMMENT TO ME, GOT A NOTE ON THE PLAN THAT SAYS SOMETHING TO THE EFFECT OF, UM, POTENTIAL, UM, INSPECTION COURT.

AND THE QUESTION IS, UM, YOU KNOW, WOULD YOU BE OPEN TO HAVING THAT BE A A A MANDATE AND WOULDN IT MAKE SENSE IN THIS CASE FOR THIS PROJECT AS A STATE THOUGH, YOU, THERE'S A OPTIONAL INSPECTION OPTIONAL? ABSOLUTELY.

NO.

THE WE CAN MANDATE IT, DEFINITELY.

PLEASE MAKE IT A CONDITION.

I MEAN, WE, UM, IF IT SAYS OPTIONAL, IT'S, IT'S MORE OF A, A STANDARD DETAILED WORDING.

UM, BUT, BUT TYPICALLY THE INSPECTION PORT IS ALWAYS INSTALLED ON, UH, THERE SHOULD BE AT LEAST ONE ON EACH SET OF TANKS.

UH, AND WE'RE MORE THAN WILLING TO MAKE THAT A CONDITION OF THE APPROVAL THAT BOTH THE TANKS IN THE FRONT AND IN THE BACK HAVE THE INSPECTION PORT INSTALLED.

SO YOU WANT STORMWATER RETENTION TANKS ON THIS, CORRECT? THERE'S FOUR IN THE FRONT, TWO IN THE BACK.

WOW.

OKAY.

AND THEN THERE'S A DRAIN IN THE FRONT WHICH COLLECTS ALL OF THIS WATER THAT DRAINS DOWN TO IT.

THERE'S THE LITERS ON THE CORNER OF THE HOUSE THAT DRAIN TO THE BACK, AND THERE'S AN ACTUAL DRAIN IN THE GRASS AREA TOO, TO COLLECT ANY ADDITIONAL RUNOFF ON THE GRASS.

AND THAT'S ALL, ALL PIPING INTO THE COMBINED SEWER IN THE STREET? NO, IT'S A SOLID PIPE GOING INTO A, A DRY WELL SYSTEM TO INFILTRATE INTO THE, INTO THE GROUND THEN.

BUT THE GROUND IS ROCK.

THERE IS NO PERCOLATION OF ROCK.

YEAH, NOT WHAT NOT THE WAY THE CODE IS FORMULATED, THE APPLICANT IS GOING BE REALITY IS A TIME, TIME.

PLEASE HONOR, I JUST, I JUST WANNA RESPOND TO YOU FIRST OFF BY SAYING WE GOING TO HAVE A, A BACK AND FORTH WITH THE APPLICANT AND YOURSELF.

UM, WE DO HAVE YOUR COMMENTS AND WE, AND WE DO WANT TO HEAR YOUR COMMENTS.

UM, BUT WE WOULD LIKE THE CHAIRPERSON TO, YOU KNOW, ADVISE YOU WHEN THE APPROPRIATE TIME IS TO SPEAK.

I WANNA JUST POINT OUT THAT THE TOWN OF GREENBERG HAS THE STORMWATER MANAGEMENT CONTROL ORDINANCE CHAPTER 2, 4 8 OF THE TOWN CODE THAT'S ADMINISTERED BY THE TOWN'S BUREAU OF ENGINEERING.

AND THE APPLICANT IS REQUIRED TO COMPLY IN FULL AND OBTAIN A STORMWATER MANAGEMENT CONTROL PERMIT BEFORE THEY CAN PROCEED TOWARD THE BUILDING PERMIT IF THIS STEEP SLOPE PERMIT WERE APPROVED.

SO THERE'S A FULL, UM, TOWN CODE SECTION ON THAT.

THE APPLICANT HAS TO DEMONSTRATE FULL COMPLIANCE WITH IT, OR THE TOWN ENGINEER WILL NOT ISSUE THE STORMWATER PERMIT IF FOR ANY REASON, IF FOR ANY REASON THE TOWN, UH, THE TOWN ENGINEER DETERMINES THAT THE PROPOSED STORMWATER MANAGEMENT UNITS ARE, ARE NOT GOING TO WORK ON THIS SITE, THEN THE APPLICANT WILL HAVE TO COME UP WITH AN ALTERNATIVE.

THAT MEANS THE TOWN CODE REQUIREMENTS NOT SOMETHING THAT THEY JUST PUT THEM IN THE GROUND AND CALL A DAY.

THE TOWN HAS TO MAKE VARIOUS INSPECTIONS THROUGHOUT THE COURSE OF THE PROJECT.

SO I JUST WANTED TO REASSURE YOU OF THAT.

WE WANNA ADD THAT THE ULTIMATE GOAL OF THE CODE IS THAT WHEN YOU BUILD ON A PIECE OF, UH, MOST PROPERTIES HAVE SOME TYPE OF RUNOFF WHEN YOU RUN, WHEN IT RAINS AND YOU KNOW YOU HAVE SOME RUNOFF IN THE PROPERTY, THE CODE INDICATES THAT WHEN YOU PUT A STRUCTURE ON THERE, YOU CAN'T ADD TO THE NATURAL RUNOFF.

YOU ARE, UH, THE APPLICANT IS NOT REQUIRED TO STOP THE RUNOFF FROM ON THE HILL.

THAT'S THE NATURAL RUNOFF, BUT YOUR PLAN CANNOT ADD ANYTHING.

SO THAT'S WHY YOU HAVE THE RETENTION AND THEN THE CATCH BASIN.

SO YOU DO NOT ADD ANYTHING TO THAT.

AND SO THAT IS, THAT IS THE ULTIMATE GOAL OF THE CODE.

AND, AND, UH, THE ENGINEERING DEPARTMENT, AS THE DEPUTY COMMISSIONER INDICATED, GO OVER THOSE WHOLE CALCULATIONS BECAUSE THAT'S THE BOTTOM LINE MEASUREMENT.

SO THOSE THINGS COULD, MIGHT CHANGE IN THE FIELD, BUT THAT BOTTOM LINE REQUIREMENT MUST BE MET.

QUESTIONS, LEMME HAVE A CLARIFICATION.

UM, AS THE A FROM THE APPLICANT, UH,

[01:25:01]

IS IT PERMISSIBLE WITHIN THE TIME? IT'S MY UNDERSTANDING THAT IT WOULD NOT BE PERMISSIBLE FOR US TO CONNECT DIRECTLY TO THE STORM SEWER, UH, WITH OUR SYSTEM, AND THEREFORE WE'RE REQUIRED TO DO RETENTION REGARDLESS.

UM, THAT'S ABSOLUTELY CORRECT.

SO YOU CAN CONNECT WITH AN OVERFLOW AS LONG AS IT DETERMINED THAT, UM, IT MIMICS WHAT CURRENTLY RUNS OUT TO THAT SYSTEM.

BUT YOU CANNOT TIE IN DIRECTLY AS PART OF YOUR SYSTEM.

YOU HAVE TO MAINTAIN, HANDLE, CAPTURE AND TREAT THE WATER ON SITE.

THANK YOU.

ARE ANY OTHER QUESTIONS FROM THE PUBLIC ON THIS PARTICULAR APPLICATION? IF NOT, I, I ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING AND KEEP THE RECORD OPEN.

WHAT IS THE DATE? UH, THE WEDNESDAY BEFORE OUR NEXT MEETING.

THAT WOULD BE FEBRUARY 24TH.

OKAY.

UM, I MOVED.

DO YOU HAVE A SECOND? ALL IN FAVOR? AYE.

AYE.

AYE.

THANK YOU.

THANK YOU.

THANK YOU EVERYONE.

AND IF THE MEMBERS OF THE PUBLIC HAVE ANY ADDITIONAL QUESTIONS OR CONCERNS, YOU WRITE IT IN BEFORE THE DATE, THE CLOSING DATE, AND THAT BECOMES PART OF THE RECORD, WHICH WE'LL REVIEW BEFORE WE MAKE OUR DECISION.

OKAY.

THANK YOU ALL AND, AND HAVE A NICE DAY.

UH, SO THE NEXT ITEM ON THE AGENDA IS PLANNING BOARD CASE NUMBER PV 20 DASH 17.

THE HOUSING ACTION COUNCIL, LOCATED AT ONE 12 NORTH LAWN AVENUE IN ELMSFORD, IN THE R FIVE ONE FAMILY RESIDENCE ZONING DISTRICT.

THE PROJECT INVOLVES A PROPOSAL TO SUBDIVIDE ONE EXISTING LAW INTO TWO BUILDABLE LAW FOR THE PURPOSE OF CONSTRUCTING TWO NEW SINGLE FAMILY HOMES WITH RELATED IMPROVEMENTS.

THE PROJECT ALSO INVOLVES REGULATED STEEP SLOPE DISTURBANCE AND REGULATED TREE REMOVALS.

THE APPLICANT LAST APPEARED BEFORE THE PLANNING BOARD AT A WORK SESSION ON FEBRUARY.

THE FOLLOWING, LAND USE APPROVALS ARE APPLICABLE, PLANNING BOARD SUBDIVISION SLOPE PERMIT AND TREE REMOVE THE PERMIT EMAIL CORRESPONDENCE HAS BEEN RECEIVED FROM MEMBERS OF THE PUBLIC, WHICH WAS FORWARDED TO THE BOARD TO THE APPLICANT, AND MADE PART OF THE OFFICIAL RECORD FOR THE PROJECT.

WE ALSO RECEIVED A COPY OF CORRESPONDENCE FROM THE APPLICANT, WHICH I WILL FORWARD TO THE BOARD FOLLOWING THIS MEETING, WHICH RELATES TO A REQUEST TO THE GREENBERG TOWN BOARD FOR A WAIVER OF THE RECREATION FEE.

PRIOR TO OPENING THE PUBLIC HEARING ON THIS MATTER, STAFF RECOMMENDS THAT THE PLANNING BOARD CONSIDER VOTING UPON THE DRAFT SEEKER NEGATIVE DECLARATION, WHICH WAS CIRCULATED BY EMAIL.

THIS PROJECT QUALIFIES AS AN UNLISTED ACTION UNDER SEEKER.

THE APPLICANT'S REPRESENTATIVE IS PRESENT THIS EVENING, THE PROJECT FURTHER AND ANSWER ANY QUESTIONS THE BOARD OR MEMBERS OF THE PUBLIC MAY HAVE.

THANK YOU REPRESENTATIVE FOR THIS APPLICATION.

YES, GOOD EVENING, MICHAEL STEIN, PRESIDENT HUDSON ENGINEERING.

CONTINUE PLEASE.

SURE.

UM, FIRST MY APOLOGIES, MY VIDEO, THE, THE LIGHTING IN MY OFF MY HOME OFFICE IS, DOESN'T REALLY WORK TOO WELL.

THE, UH, THE CAMERA ON MY, MY LAPTOP.

UM, SO AGAIN, THIS PROPERTY'S AT ONE 12 NORTH LAWN.

UM, IF I MAY, UH, START SHARING, UH, LET'S SEE.

UM, THIS IS, THIS IS THE PROPERTY HERE.

IT HAS BOTH FRONTAGE ON NORTH LAWN AND NORTH EVERETT.

UH, THE PROPERTY IS APPROXIMATELY 16,000 SQUARE FEET IN TOTAL SIZE.

AND AGAIN, 5,000 SQUARE FOOT ZONING.

UH, THE, THE LOTS ARE, UH, THE LOT ON THE LEFT HAS A LOT AREA, UH, UH, 7,956.

AND THE LOT ON THE RIGHT HAS A LOT AREA, A PROPOSED LOT AREA OF 8,055.

UH, AGAIN, WE, THESE ARE IN, IN CHARACTER WITHIN REST OF THE NEIGHBORHOOD.

UM, WE HAVE LOOKED AT SEVERAL OTHER PROPERTIES WITHIN THE NEIGHBORHOOD AND ALL COMPARABLE SIZE, BUT AGAIN, IT, IT MEETS ALL ZONING REQUIREMENTS FOR THE R FIVE ZONING DISTRICT, WHICH REQUIRES 5,000 SQUARE FOOT ZONING.

UM, WE DEVELOPED A STORMWATER MANAGEMENT PLAN, UH, AND BEFORE DOING THE DESIGN, WE PERFORMED, UH, PERCOLATION AND DEEP HOLE TESTING.

UH, WE HAD FOUR DIFFERENT POINTS ON THE SITE.

FIRST, THE DEEP HOLE TESTING IS TO CONFIRM THE DEPTH TO MUD ROCK AND, AND OR GROUNDWATER.

UH, THIS IS FOR THE STORMWATER MITIGATION PRACTICES TO MAKE SURE THAT WE WILL HAVE ADEQUATE SEPARATION

[01:30:01]

TO THOSE PRACTICES.

UH, WE, UH, FROM, FOR THREE OF THE HOLES, WE GOT TO DEPTHS OVER 90 INCHES.

ONE OF THE HOLES WE GOT JUST OVER 60 INCHES.

UH, SO WE, WE ARRANGED OUR LOCATION OF OUR STORMWATER SYSTEMS BASED UPON THOSE RESULTS.

UH, THE PERCOLATION RESULTS, UH, BASICALLY DICTATE THAT THE SIZING OF THE SYSTEM, AND WE HAVE FAVORABLE RESULTS OF ALL THE TESTING LOCATIONS.

UH, SPECIFICALLY, UH, WE HAVE, WE OBSERVED RATES OF, UM, UM, UP TO 90 INCHES PER HOUR, 60 INCHES PER HOUR, 12 INCHES PER HOUR.

SO REALLY FANTASTIC RATES THAT MAKES SURE THAT THESE SYSTEMS ARE DRAINING OUT, UH, WHEN THEY'RE USE.

THE SYSTEM HAS BEEN DESIGNED FOR THE 25 YEAR STORM EVENT, UH, WITH THE UPDATED NEW YORK STATE D E C REGULATIONS, UH, WHICH IS OVER SIX AND A HALF INCHES OF RAIN FOR THE 25 YEAR STORM EVENT.

UM, ALL, AGAIN, ALL THAT WATER IS FULLY INFILTRATED AND THAT RELEASED, NOT RELEASED OFF SITE.

SO OVERALL, OVER EXISTING CONDITIONS, THERE WILL BE A REDUCTION OF STORMWATER RUNOFF COMING FROM THE SITES.

AND WE HAD ALSO SUBMITTED AS REQUIRED A, UH, LANDSCAPING PLAN THAT SHOWS THE PROPOSED PLANTINGS GOING IN.

WE ONLY HAVE ONE, UH, REGULATED TREE THAT'S BEING REMOVED.

WE HAVE A TOTAL OF, UM, WELL, UH, 15, UM, TREES GOING IN.

FIVE GREEN, GIANT AVID FIVE WHITE FUR, TWO AMERICAN HOLLY, AND TWO RED CEDAR, UH, GOING IN REPLACEMENT TREES.

UH, WE HAD FILED THE, THE TOWN'S NEW REGULATIONS AS FAR AS THE, THE TREE REMOVAL WITH, UM, UH, WATER ABSORPTION AND C O TWO REMOVAL.

AND WE FAR EXCEED WHAT IS REQUIRED FOR THE REPLACEMENT TREES.

UH, WE'RE HERE TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE.

UM, I AM JUST A REMINDER TO THE BOARD, UM, THAT YOU WOULD WANT TO CONSIDER THE SECRET DETERMINATION BEFORE, UM, YOU KNOW, HAVING A PUBLIC EMPLOYEE, THE PROJECT DOES QUAL, EXCUSE ME, QUALIFIED AN UNLISTED ACTION AND A DRAFT SECRET NEGATIVE DECLARATION WAS PROVIDED, UH, TO THE BOARD BY EMAIL.

IF SOMEONE WANTS TO CONSIDER MAKING A MOTION THAT THIS QUALIFIES AS AN UNLISTED ACTION UNDER SEEKER, THAT WOULD BE THE FIRST ONE TO CONSIDER.

WHEN WAS, WHEN WAS THAT? SO, UH, I HAD SENT THE EMAIL, IT WASN'T PART OF THE PACKAGE.

I BELIEVE I EMAILED IT OUT YESTERDAY.

OKAY.

SEPARATELY, BECAUSE IT WASN'T READY FOR THE PACKAGES, BUT IT WAS SET IN A SEPARATE, SEPARATE EMAIL TO THE BOARD MEMBERS.

OKAY.

I JUST WANNA MAKE SURE EVERY, UH, ALL THE BOARD MEMBERS HAD THE OPPORTUNITY TO, UH, UH, LOOK AT THAT AND SO WE COULD GO AHEAD WITH, UH, THE SECOND DETERMINATION.

UM, UH, THAT BEING SAID, UH, WE'LL ENTERTAIN A MOTION TO DECLARE THIS, UH, UM, UNLISTED ACTION.

SO MOVED AND ALSO DECLARE VOTE.

OKAY.

FIRST OF VOTE.

OKAY.

ALL IN FAVOR? AYE.

A OBJECTION, ABSTENTION AND ADD ACT OF VOTE.

WE HAVE TO TAKE AND DECLARE, UH, NEGATIVE DECLARATION.

DO WE HAVE A MOTION TO, UH, FAVOR THE SECOND? SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

UM, WITH THAT SAID, THEN WE COULD, UH, OPEN UP FOR QUESTIONS I HAVE.

I'D LIKE TO START WITH ONE QUESTION IS THAT, UH, THE PREVIOUS, UH, UM, DISCUSSION, WE TALKED ABOUT THE OFFICIAL ADDRESS OF THESE, UH, UH, OF THESE TWO HOLES.

UH, AND, UM, I THINK IT WAS LISTED AT NORTH LAWN AVENUE, AND THAT IS, WE DON'T HAVE ENTRANCE FROM NORTH LAWN AVENUE.

AND SO MY FIRST, MY QUESTION, WHAT IS THE OFFICIAL ADDRESS OF THE PROPOSED SITE? HAVE THAT BEEN DONE, UH, CLARIFIED? YES.

YES.

SO LET ME EXPLAIN.

UM, THE REASON WHAT WE DO IS WE LIST ON THE AGENDAS, UM, AND WE LIST IN THE APPLICATION WHAT THE CURRENT PROPERTY ADDRESS IS.

IF THERE IS WORK

[01:35:01]

WITHIN THE TOWN RECORDS, THE PROPERTY ADDRESS IS ONE 12 NORTH LAWN AVENUE.

OKAY.

WITH RESPECT TO NEW ADDRESSES TO BE ESTABLISHED IN CONNECTION WITH THE SUBDIVISION, IF IT WERE TO BE APPROVED, THE APPLICANT'S CURRENT PROPOSAL IS TO HAVE THE HOUSES FRONT TOWARDS EVER TO AVENUE WITH THE DRIVEWAYS IN CURB CUT OUT TO EVERETTS AVENUE.

IF THAT WERE THE WAY THAT THIS PROJECT WERE APPROVED, I'VE SPOKEN WITH OUR BUREAU OF ENGINEERING AND FROM A SAFETY AND E M S TRASH AND RECYCLING PICKUP STANDPOINT, THE ADDRESSES WOULD BE ALONG EDWARDS AVENUE.

I'VE COMMUNICATED THAT TO THE APPLICANT'S DESIGN PROFESSIONAL.

WE DID INDICATE THAT THEY HAD NO OBJECTION TO THAT.

THE ADDRESSES ARE NOT ESTABLISHED UNTIL AFTER THE SLOTS ARE PHYSICALLY DIVIDED.

SO IT'S NOT SOMETHING THAT'S DONE AT THIS TIME, BUT IT WAS INDICATED THAT FOR THOSE REASONS IT WOULD BE EVERETTS AVENUE ADDRESSES IF THE DRIVEWAYS AND THE HOUSES ARE SWAMPING ON EFFORTS.

OKAY.

I DO KNOW THAT THERE ARE NUMBERS OF THE PUBLIC AND THEY HAVE SENT, UH, A LETTER.

SO I THINK THEY DO WANT, UH, AS PART OF THEIR PUBLIC COMMENTS, THEY DO WANT TO ADDRESS THE BOARD ON THAT, UH, FIRST, UH, BEFORE THERE'S MAYBE THE DISCUSSION BY THE BOARD ON THAT.

UH, JUST SO YOU'RE AWARE OF THAT, MR. CHAIR.

OKAY.

UH, BUT MY OTHER QUESTION THEN, IF, SHOULD THIS APPLICATION BE APPROVED, WELL, HOW DO WE MAKE SURE THAT WILL BE FOLLOWED UP BY MAKING BE FOLLOWED BY MAKING THAT A CONDITION OF APPROVAL, THEN, THEN THAT ADDRESS WOULD CHANGE? YES.

SO THERE ARE TWO WAYS TO DO IT.

UM, IF THE BOARD DID NOT CONDITION IT AS PART OF THE DECISION, THAT WOULD BE SOMETHING THAT WOULD BE ADDRESSED BY THE TOWN'S BUREAU OF ENGINEERING.

AND IN MY DISCUSSION WITH THE BUREAU OF ENGINEERING, THEY INDICATED THAT EVERETT AVENUE ADDRESSES WOULD BE ISSUED FOR THIS PROJECT OR THESE PROPERTIES IF THE DRIVEWAY AND THE HOUSES WERE FUNDING ON EVERETT AS CURRENTLY PROPOSED.

UM, HOWEVER, THE BOARD CAN ALSO MAKE THAT A CONDITION OF ANY DECISION ON THE PROJECT WHICH THE APPLICANT WOULD HAVE TO COMPLY WITH.

OKAY.

UM, THAT'S ALL THE QUESTIONS I HAD.

ANY OTHER QUESTION BY BOARD MEMBERS BEFORE I ASK THE PUBLIC TO SPEAK? OKAY.

SO WE HAVE A FEW MEMBERS OF THE PUBLIC CHAIRPERSON, AND SIMON, WE HAVE, UH, MS. TORRES HERE.

WE HAVE MS. PHILLIPS AND MR AS WELL.

I WOULD LIKE TO SPEAK, WE'LL START WITH MS. TORRES.

I RESIDE AT 1 32 NORTH EVERS AVENUE JUST ACROSS THE LOT.

I COMPLETELY OPPOSE, UH, HAVING ONE DRIVEWAY WILL BE DIFFICULT.

YOU IMAGINE HAVING TWO WITH THE LIMITED STREET PARKING THAT WE HAVE AND INCREASING TRAFFIC, THIS IS GONNA BE CHAOS.

SO REALLY EYEBALLS, I RIGHT IN FRONT TWO DRIVEWAYS.

NORWAY.

NORWAY, OKAY.

THAT'S BESIDES THE TREES THAT THEY'RE GONNA CUT, THAT'S ANOTHER STORY.

AND THE SLOPES THAT I NEED TO DO MORE RESEARCH ABOUT IT, I PRINT ALL THE ZONING, WHATEVER I DO IN MY RESEARCH ON THAT AND HOW THEY PLANNING TO DO THIS.

I'M GONNA LET SUZANNE PHILLIPS, MY NEIGHBOR TO SPEAK.

OKAY.

MS. PHILLIPS, JUST STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.

MY NAME IS DR.

SUZANNE PHILLIPS.

I LIVE AT 1 3 6 NORTH EVER AVENUE AND OUR POSTED POST OFFICE ADDRESS IS NEW YORK.

UM, I GREW UP ACROSS THE STREET FROM THAT LOT.

THE HOUSE THAT WAS ON THAT LOT ADDRESS WAS ALWAYS NORTH LAWN.

AND THE TRAFFIC, SINCE THAT TIME THAT HAS ACCUMULATED ON THIS STREET, IS A VERY MAJOR SAFETY ISSUE.

I'M NOT SURE HOW THOSE DRIVEWAYS ARE GOING TO EXIT ONTO EVERTS AND NOT HAVE AN ACCIDENT BECAUSE THERE'S SO MUCH TWO-WAY TRAFFIC COMING FROM UP FROM WHITE PLAINS AVENUE AND EVERHART TO PAIN STREET AND VICE VERSA.

YOU CAN'T EVEN TURN INTO THIS BLOCK OFF OF PAIN STREET BECAUSE OF ALL THE PARKED CARS THAT ARE THERE.

AND THERE'S NOT ENOUGH, UH, PARKING SPACES FOR PEOPLE ON THIS STREET ALREADY.

WHEN YOU PUT, I THOUGHT, AND I WANNA BE CLEAR ON THIS, THAT IT WAS A STRUCTURE THAT WAS GOING TO,

[01:40:01]

UM, FACE, THERE WAS GONNA BE A STRUCTURE THAT FACED NORTH LAWN, WHICH NO PROBLEM, THERE'S NO TRAFFIC ON NORTH LAWN.

THERE'S PLENTY OF PARKING DRIVEWAYS COULD BE CONSTRUCTED TO EMPTY OUT ON THE NORTH LAWN, AND I'M NOT SURE WHY THAT'S NOT A CONSIDERATION, BUT EVER IT'S AVENUE IT'S ENTIRELY TO CONGESTED.

PEOPLE CUT ACROSS THERE ON THURSDAY AND FRIDAY EVENINGS TRYING TO BYPASS 2 87 AND GOING OVER TO PAYNE STREET.

IT'S AN ACCIDENT WAITING TO HAPPEN TO LET THESE TWO DRIVEWAYS PLUS.

IS THAT, UH, THE CONSTRUCTION OF THESE UNITS? IS IT ONE UNIT THAT HAS TWO SEPARATE FAMILIES IN IT, OR IS IT JUST ONE UNIT WITH ONE FAMILY? THAT I'M NOT CLEAR OFF.

UH, WE'LL LET THE, UH, THE, THE, UH, YOUR LAST WAY FROM THE TRAFFIC WE CAN DISCUSS, BUT THIS IS JUST A MATTER OF RECORD.

THE TWO SINGLE FAMILY HOMES.

RIGHT.

THE TWO SINGLE FAMILY ON EACH SIDE ON LAUREN FOR LAUREN AND EVERS.

JUST THE TWO FACING EVERS.

OKAY.

WE'LL LET THE APPLICANT ANSWER THE OTHER PARTS OF YOUR QUESTIONS.

WE'LL HAVE, UH, MR. BON GO NEXT? NO.

AND RIGHT BEFORE HE DOES, I WAS JUST GONNA INDICATE TO MS. PHILLIPS AND THE OTHER MEMBER REPUBLIC, THAT WHEN THE APPLICANT RESPONDS, MR. STEIN WILL JUST HAVE YOU PUT THE SITE PLAN OR THE SUBDIVISION IMPROVEMENT PLAN BACK UP ON THE SCREEN TO SHOW THE EXTENT OF WHERE THE DRIVEWAYS ARE COMING OR PROPOSED TO COME OUT ON EVERETT AND THE LENGTH OF THE DRIVEWAYS AND WHERE THE HOUSES WOULD BE SITUATED ON THE LOT JUST FOR THE BENEFIT OF THOSE MEMBERS.

MR. B, MY NAME IS MURRAY BERLIN.

I LIVE IN HARSDALE, NEW YORK.

WHEN I MAKE A PRESENTATION, I OFTEN FIND IT NECESSARY TO DO BACKGROUND INFORMATION AND THEN BUILD ON IT SO THAT I CAN MAKE MY POINT.

THAT SEEMS TO BE IMPOSSIBLE TO DO WITH THIS MEETING.

THERE SEEMS TO BE TWO SETS OF RULES.

ONE SAID FOR ME AND ONE SAID FOR SOMEBODY ELSE.

EVERYBODY ELSE, I HAVE COMMENTS ON THIS.

WELL, PLEASE MY, BUT I'M BEING INTERRUPTED AND THAT'S WHY I WILL NOT DO ANY SPEAKING HERE.

IT IS MY RIGHT TO SPEAK UNI UNINTERRUPTED, AND I DON'T HAVE THAT RIGHT HERE.

THEREFORE, MY COMMENTS SEEM TO BE A WRONG IRRELEVANT HERE, AND I JUST WILL HAVE TO LIVE WITH THAT UNFAIRNESS.

THAT'S CLOSE THE RECORD.

UH, BEFORE WE CLOSE THE RECORD, IF YOU WANNA PUT COMMENTS IN, YOU ARE WELCOME TO, YOU ARE ALSO WELCOME TO SPEAK ON THE APPLICATION.

WELL, IS THERE ANYONE ELSE LIKE TO SPEAK TO THIS APPLICATION? IF NOT, WE'LL GO BACK TO YES.

I ONLY WANTED TO BRING UP ONE ADDITIONAL COMMENT THAT WAS LAID OUT IN THE STAFF REPORT AND THE DRAFT NEGATIVE RECOMMENDATION.

IT'S JUST TO CONSIDER SOMETHING FOR THE BOARD TO CONSIDER.

BUT MANY TIMES IN CONNECTION WITH SUBDIVISIONS, THE PLANNING BOARD HAS AT LEAST SPOKEN WITH THE APPLICANT ABOUT CONSIDERATION FOR SIDEWALK CONNECTIONS.

WE NOTE THAT THERE ARE NOT SIDEWALKS IN THIS AREA OF EVERETTS AVENUE ONE MARKED LAWN AVENUE.

THERE IS A SIDEWALK ALONG PAYNE STREET, AND IT'S JUST SOMETHING THAT WE WANTED TO BRING TO AVOID ATTENTION.

AND IT WAS IDENTIFIED IN THE COMPREHENSIVE PLAN IMPORTANCE OF HAVING SIDEWALK CONNECTIONS AND CERTAIN PARTICULAR RESIDENTIAL AREAS OF THE TOWN.

THANK YOU.

THANK YOU.

UH, WITH RESPECT TO, UH, THE COMMENTS RELATED TO TRAFFIC AND SAFETY, TRAFFIC SAFETY ALONG, UM, EVERETTS AVENUE, I'M HAPPY TO FOLLOW UP WITH OUR TRAFFIC AND SAFETY, UM, SERGEANT WITH THE DENVER POLICE DEPARTMENT TO FIND OUT IF HIS OFFICE IS AWARE OF ANY TRAFFIC AND SAFETY RELATED ISSUES ALONG EVERETTS AVENUE AND TO ALSO SEE IF WE CAN CALL ANY RECENT ACCIDENT DATA EXCEPT THE BOARD'S.

UH, WISH THAT WOULD BE A GOOD IDEA.

YEAH.

AND, AND, AND I'LL JUST MAKE ONE COMMENT ON THAT.

I MEAN, I WAS THERE PROBABLY, UM, WEEK AND A HALF AGO TO LOOK AT THE SITE AND, UH, THAT COMMENT.

I'M SORRY.

I'M SORRY.

I BACK OFF.

I'M DONE.

DID YOU HAVE ANY OTHER COMMENT? OKAY.

OKAY.

SO WE'LL GO BACK TO, UH, UH, MR. STEIN TO, UH, ADDRESS ANY OF THE COMMENTS THAT YOU, UH, THAT YOU HEARD IN TERMS OF TRAFFIC, IN TERMS OF, UH, UH, ONE OF THE THINGS YOU CAN DO IS TO TELL US, UH, BECAUSE, UH,

[01:45:01]

A NUMBER OF THE PUBLIC, UH, INDICATED THAT PARKING IS VERY DIFFICULT.

HOW MANY CALLS COULD BE, UH, CAN BE PARKED ON THE SITE ITSELF.

THAT MIGHT BE, UM, SOMETHING YOU COULD ANSWER AND GO INTO.

UM, YOUR RATIONALE WHY, UH, YOU PREFER TO GO TO MESA AS OPPOSED TO NORTH PLAIN, TO GIVE SOME BACKGROUND INFORMATION TO THE PUBLIC AND WHY YOU CAME UP WITH THIS DESIGN.

SURE.

UM, FIRST, WE'RE PROVIDING TWO PARKING SPACES, UH, 24, 21 FEET WIDE, UH, SERVING EACH PROPERTY AS WELL AS THERE.

THE, THE, THE DRIVEWAYS ARE, HAVE A BIT OF LENGTH COMING OFF THE ROAD, SO THERE IS SUBSTANTIAL PARKING ON SITE, UH, TO SERVICE THE PROPERTIES.

UH, THE PARKING THAT IS BEING PROVIDED NEEDS TO BE A D A COMPLIANT.

SO WE WE'RE, WE HAVE RESTRICTIONS AS FAR AS THE SLOPE OF THE DRIVEWAY AS WE COME IN, UH, INTO THE PARKING AREAS TO MAKE SURE THAT THEY'RE WITHIN A D A COMPLIANCE, UM, ACCESSING OFF OF EFFORTS THAT WAS POSSIBLE.

WE STILL, WE, WHILE WE DID HAVE CUT IN ORDER TO ACHIEVE, UM, GETTING INTO THE SITE AND CREATING THOSE, THOSE LEVEL AREAS FOR PARKING COMING OFF OF NORTH EVERETT, UH, YOU'LL SEE.

I CAN SCROLL DOWN TO HERE.

NEXT ONE.

WE HAVE SUBSTANTIAL STEEP SLOPES ALONG NORTH LAWN AVENUE, AND WE'RE, WE'RE, THIS PLAN IS SHOWING THE, UH, THE, THE STEEP SLOPES WITHIN OUR PROPERTY.

BUT AS YOU CAN SEE, GOING FROM THE PROPERTY LINE DOWN TO NORTH LAWN AVENUE, WE WILL, THERE, THAT CONTINUES TO BE STEEP SLOPES GOING ALL THE WAY DOWN.

SO TO ACTUALLY ACCESS AND, AND GET ONTO THE PROPERTY OVER INTO THE, THE LEFTMOST LOT, THE SOUTHERNMOST LOT, WE WOULDN'T BE ABLE TO GET UP TO THE POINT WE'D NEED TO BE WITH A REASONABLE SLOPE AND EVEN CURRENTLY COME ACCESSING OFF EVERETTS AVENUE.

WE HAVE, UM, SMALL WALLS GOING ALONG HERE TO BE ABLE TO REDUCE THE HOUSE DOWN AND THE ELEVATION OF THE HOUSE DOWN TO MAKE IT SO IT'S ACCESSIBLE.

GETTING INTO THE HOUSE AND THE, THE TRAFFIC GENERATION FOR TWO SINGLE FAMILY DWELLINGS IS, IS MINIMAL AT BEST.

UM, THE, THE TRAFFIC GENERATION, I NEED TO LOOK UP THE, THE NUMBERS ON IT, BUT YOU, YOU'RE, YOU'RE NOT, YOU'RE NOT TALKING ABOUT 10 TRIPS A DAY.

YOU'RE, YOU'RE TALKING A, A, A COUPLE TRIPS A DAY, WHICH REALLY IS, WOULD BE NO IMPACT, UH, ON, ON EMMA ROAD.

MM-HMM.

.

SO I'M NOT SURE IF THAT ANSWERS ALL THE QUESTIONS OR, BUT ANY, UH, ANY OTHER QUESTIONS? YEAH, I JUST WANTED TO SAY SOMETHING.

MR. STEIN.

ALSO, IT LOOKS LIKE THE WAY YOU'VE GOT THE DRIVEWAYS CONFIGURED, THE CARS CAN ACTUALLY TURN AROUND AND GO OUT FRONTWARDS.

IS THAT CORRECT? THAT'S ABSOLUTELY CORRECT.

AND THAT'S WHY WHERE YOU PULL IN, FOR EXAMPLE, ON ON LOG NUMBER TWO, YOUR PARKING SPACES ARE HERE, YOU'RE ABLE TO BACK INTO THIS SPACE AND THEN PULL OUT, UM, STRAIGHTFORWARD.

UM, ONE OTHER THING EVEN TO TO MENTION, UM, PART THE LOCATING, AND THIS IS A PROPOSED TREE PLAN, WE'LL MOTOR THERE, SUBSTANTIAL NUMBER OF TREES ALL ALONG THE SIDE.

UH, OUR LIMITS AND DISTURBANCE ARE PROTECTING THOSE TREES AND KEEPING IT AWAY FROM THOSE TREES, SORT OF MINIMIZING THE NUMBER OF TREES THAT WOULD, THAT WOULD NEED TO BE REMOVED.

AND THEN ALSO IF, AND, AND LOOKING AT THE SITE, LET'S SEE THE ACCESS INTO THE SITE.

IF YOU LOOK AT THE REAR, UH, WHAT IT WOULD IT BE ACCESSED ON NORTH LAWN, YOU END UP IN A MORE COMMERCIAL AREA.

UM, BETWEEN THIS, THE COMMERCIAL BUILDINGS THAT ACTUALLY FRONT ON ROUTE NINE A, THEY ALSO HAVE PARKING AREAS AND ACCESS AREAS TO THE REAR OF THE BUILDING ACCESSING, COMING OFF OF NORTH EVER KEEPS IT MORE IN A, UH, RESIDENTIAL SETTING AND PROVIDES MORE PRIVACY.

CAN YOU ADDRESS THE, UH, SIDEWALK ISSUE? WE WE'RE NOT AWARE OF ANY OTHER SIDEWALKS ALONG THIS, THIS STRETCH.

UM, I MEAN, I CAN SCROLL THROUGH THE DIFFERENT AREAS.

SO WE BASICALLY HAVE A SIDEWALK STARTING ON ONE SIDE, ENDING ON THE OTHER, AND NO OTHER CONNECTING POINTS THROUGHOUT THE TENT, THROUGHOUT, UM, NORTH BUMPERS.

YES, WHAT YOU SAID, THAT'S ABSOLUTELY TRUE.

BUT IF YOU LOOK HOW SIDEWALKS WERE CONSTRUCTED OVER THE YEARS, UH, THERE'S BEEN MANY

[01:50:01]

AREAS THAT THE FIRST ONE TO PUT DOWN A SIDEWALK WAS QUITE FRANKLY, A SIDEWALK TO NOWHERE.

BUT WE'VE BEEN DOING THIS OVER WHAT, MAYBE THE LAST 10, 15 YEARS.

AND, UH, AND OVER TIME WE HAVE BEEN CONNECTING THESE SIDEWALKS, UH, THROUGHOUT THE TOWN.

SO IT IS NOT SOMETHING THAT, UH, WE CAN CONDITION, BUT THAT'S SOMETHING WE WOULD LIKE FOR YOU TO CONSIDER, BECAUSE THEN DON'T LOOK AT IT AS JUST A SIDEWALK TO NOWHERE, BUT LOOK AT LONG TERM HOW DO WE WANT OUR COMMUNITIES TO, TO LOOK AND WHETHER OR NOT, AND MAKING OUR COMMUNITIES WHERE PRACTICAL, UH, UH, WALKABLE.

SO I ASKED YOU CONSIDER THAT YES, WITH THE DISTANCE TO WHITE PLAINS AVENUE TO GET DOWN TO HERE.

BY THE TIME ALL THE OTHER PROPERTIES HAVE GONE THROUGH INSTALLING SIDEWALKS, THE HOMEOWNERS HERE WOULD PROBABLY HAVE TO INSTALL NEW SIDEWALKS BECAUSE OF AGE.

I MEAN, LET PRETTY SUBSTANTIAL DISTANCE.

LEMME JUMP IN FOR A SECOND.

SO YOU'RE ACTUALLY IN THE VILLAGE OF ELFORD AT THAT POINT.

UH, WE'D BE TALKING ABOUT, YOU KNOW, POTENTIALLY CONNECTING NORTH OUT TO PAIN STREET, WHICH IS FAR SHORTER DISTANCE AND HAS SIDEWALKS ALONG PAYNE STREET.

CAN YOU DO THAT STREET VIEW? YEAH.

UH, I'M JUST TRYING TO GET THE, UH, THE MEASUREMENT OUT JUST TO, TO GET A DISTANCE FROM, SO ABOUT 270 FEET.

UM, I THINK I'D BE GOING IN THE RIGHT DIRECTION.

THAT LOOKS RIGHT.

AND THE PROPERTY IS ON YOUR RIGHT IN THAT PHOTOGRAPH.

IT'S ON YOUR LEFT.

SORRY.

WE'LL GO BACK DOWN TO WHERE YOU WERE.

OKAY.

SO IN, IN THIS AREA, SO CONTINUING NORTH, WE'D BASICALLY BE GOING ACROSS PARKING AREAS MM-HMM.

, NO, JUST CONSIDER THAT.

OKAY.

I, I, I'LL SPEAK WITH THE APPLICANT, UM, AND WE CAN DISCUSS IT WITH THEM.

OKAY.

THE OTHER THING, CONCEPTUALLY, CONCEPTUALLY, UH, WHAT, WHAT WOULD IT TAKE TO, TO LOOK FOR WHAT WOULD BE INVOLVED IF YOU WERE TO FLIP THE HOUSE AROUND? YOU KNOW, THIS, I SEE WHETHER OR NOT IT'LL WORK OUT IN TERMS OF THE ELEVATION.

UH, WHETHER A D A COMPLIANT JUST, UH, A CONCEPTUAL WITHOUT GOING INTO, UH, A LOT, UM, DETAILED DRAWING AND .

THAT WAS THE ORIGINAL CONCEPT.

HUH? THAT WAS THE ORIGINAL CONCEPT THAT THE ARCHITECT HAD PROVIDED TO OUR OFFICE.

HOWEVER, IT PHYSICALLY, THE, THE, THE AMOUNT OF DISTURBANCE THAT WOULD'VE BEEN REQUIRED WAS FAR MORE, UM, IN PART BECAUSE AGAIN, WE'RE, WE'RE PUTTING IN WALLS AND WE'RE ON THE LOW SIDE OF THE WALLS HERE FOR THIS LOT IN, IN ORDER TO ACCESS HERE, THIS, THIS AREA WOULD NEED TO BE DROPPED DOWN SEVERAL, SORRY, I KEEP JUMPING.

UM, DROP THE, THE AREA AROUND THIS HOUSE WOULD NEED TO BE DROPPED SEVERAL MORE FEE, AND THAT STARTS PUSHING US INTO, INTO, UH, LEAD ROCK THE FURTHER WE GO DOWN.

THANK YOU.

BUT IF WE HAVE THOSE AVAILABLE, CAN WE JUST LOOK AT, SO WE, CONCEPTUALLY WE CAN, WE CAN SEE WHAT THAT WOULD REQUIRE? YEP.

I, I'M, I, I'LL HAVE TO LOOK AND SEE IF WE, WHAT WE HAVE LEFT FROM IT, BECAUSE IT WAS BASICALLY ABANDONED EARLY ON MM-HMM.

, UH, JUST BASED UPON ELEVATIONS AND RATE OF DRIVEWAY AND EVERYTHING ELSE.

BECAUSE AGAIN, PART OF THE REASON WE'RE ABLE TO GET UP TO THIS PLATFORM, OR THE PLATEAU HERE AT A RELATIVELY SLIGHT SLOPE, UM, IS BECAUSE OF THE LENGTH OF HIS DRIVEWAY.

AND SO THAT'S AT ELEVATION 2 0 6.

NOW WE DROP DOWN TO ELEVATION 2 0 2 ON NORTH LAWN WHERE WE NEED TO GET DOWN TO.

OKAY.

OKAY.

BUT IF, IF I HAVE THE, THOSE DRAWING, I THINK IT

[01:55:01]

WOULD, YOU KNOW, FOR THE PUBLIC SEE THAT WHAT IT WOULD LOOK LIKE AND WHAT ARE THE CHALLENGES OF THIS, OF THIS PROJECT, YOU KNOW? SO I THINK IF YOU HAVE THOSE WOULD BE VERY HELPFUL FOR EVERYONE'S KNOWLEDGE.

OKAY.

OKAY.

UH, ARE THERE ANY OTHER, OKAY, NOW MY QUESTION, UH, UH, TO DEPUTY COMMISSIONER SMITH, WE SAID WE WANTED, UH, TO TAKE, UH, GET SOME RECORDS ABOUT THE ACCIDENT RATE AND TO LOOK AT THE TRAFFIC IN THAT AREA.

UH, HOW LONG DO YOU THINK THAT WILL TAKE? BECAUSE THAT, THAT WILL DETERMINE HOW LONG I KEEP THE RECORD OPEN.

SO NORMALLY WE KEEP IT OPEN FOR 10 DAYS, BUT IF WE FEEL THAT WE CANNOT GET ALL OF THAT ADDITIONAL INFORMATION IN OR GET THE INFORMATION FROM, UH, THE APPLICANT TO REVIEW, IF THE C F O ALTERNATE DESIGNS ARE AVAILABLE, THEN I WOULD PERFECTLY WILLING TO SUGGEST THAT WE KEEP RECORD OPEN LONGER TO MAKE SURE WE CAN GET THIS ADDITIONAL INFORMATION.

SO MY FIRST QUESTION IS TO THE APPLICANT, UH, HOW SOON CAN YOU GO BACK AND, AND FIND OUT WHETHER OR NOT THOSE ALTERNATE PLANS ARE AVAILABLE AND WHETHER AND HOW LONG IT WOULD TAKE TO GET SOME SORT OF, UH, UH, TRAFFIC ANALYSIS, UH, OF, UH, UH, UH, UH, THE, THE, THAT SCREEN AND, AND THAT WILL DETERMINE HOW LONG YOU THINK RECORD COULD OPEN? OKAY.

SORRY.

I'M SORRY.

GO AHEAD, MICHAEL.

NO, I'M, I WAS JUST GONNA SAY, I'M LITERALLY TRYING TO OPEN UP RIGHT NOW THE OLDEST FILE I HAVE, UM, TO SEE IF STILL SHOWED IT.

UM, BUT THAT DOESN'T MEAN WE DON'T HAVE IT.

BUT AS FAR AS WHAT I'M LOOKING AT RIGHT NOW, THESE WERE DONE.

UM, THESE WERE SHOWING A NEW LAYOUT, UM, AND IT, ONE OF MY, ONE OF MY STAFF MAY STILL HAVE A DIFFERENT ITERATION THAT WE CAN, THAT THEY MAY HAVE OPENED UP ON THEIR COMPUTER.

UM, I'M JUST NOT SURE.

OKAY.

SO WOULD IT BE REASONABLE TO SAY THAT YOU COULD GET IT THE PLANS, YOU KNOW, AT LEAST ELECTRONICALLY BY THE END OF THE WEEK? YES.

OKAY.

AND THEN WITH RESPECT TO, UH, TRAFFIC ACCIDENT DATA, I HAD A CONVERSATION WITH, UM, SERGEANT NICK RESON FROM TRAFFIC AND SAFETY.

WE SUSPECT THAT WE CAN GET THE ACCIDENT DATA BY EARLY NEXT WEEK.

UM, HOWEVER, I, I, SO I, UPON RECEIPT, I CAN FORWARD THAT OUT TO THE BOARD AND WE CAN POST IT TO THE WEBSITE FOR THE BENEFIT OF THE MEMBERS OF THE PUBLIC TO TAKE A LOOK, UH, IN ADDITION TO THOSE, THOSE ALTERNATE LAYOUT PLANS.

UM, BUT I DO BELIEVE, AND CORRECT ME IF I'M WRONG, BUT I DO BELIEVE THAT AT LEAST ONE OF THE MEMBERS OF THE PUBLIC WISH TO ADD MAYBE ANOTHER QUESTION OR COMMENT IF THE BOARD WOULD PERMIT THAT.

DID, DID MS AND MS. PHILLIPS WANT TO ADD ANYTHING FURTHER? NO, JUST LOOKING AT THE PLAN, THINKING THAT ONE OF THE DRIVEWAYS WILL BE RIGHT ACROSS MINE.

AND I KNOW THIS IN OUR NEIGHBORHOOD, I DON'T KNOW IF THIS MATTER, IT MATTERS TO ME.

THERE'S NO DRIVEWAYS RIGHT ACROSS ANOTHER ONE, AND MAYBE FOR A REASON, I DON'T KNOW ABOUT PLANNING.

I DON'T KNOW.

I'M JUST THINKING, UM, MS. MS. TORE, MS. TORES, UH, YOU KNOW, PEOPLE HAVE DIFFERENT VIEWS ON THIS AS SOMEONE WHO HAS A DRIVEWAY THAT'S ALMOST FRESH WITH SOMEONE ELSE'S.

PERSONALLY, I LIKE IT BECAUSE THAT MEANS THAT NO ONE'S GONNA PARK IN FRONT OF THAT DRIVEWAY WHEN I BACKED OUT AS OPPOSED TO ON THE STREET.

BUT I, I WILL SAY HONESTLY, THAT PEOPLE HAVE DIFFERENT OPINIONS ON THAT.

I THINK IT USUALLY, IF THEY LINE UP DIRECTLY AGAINST EACH OTHER, THAT'S USUALLY A BETTER THING IN MY OPINION.

BUT, UM, AGAIN, THAT'S UP TO THE DATE.

UM, I AM NOT THE SAME OPINION.

I RESPECT YOURS AND, OKAY.

CRIME.

OKAY, GOOD.

WE, WE, YOU, YOUR, UH, YOUR UH, UH, MR. FOREST, YOUR OPINION IS, IS REC IS IN DIRECTED.

SO WHEN WE, UH, GET THE POINT, WE HAVE TO MAKE A DECISION THAT WOULD BE A CONSIDERATION.

WAS THERE SOMEONE ELSE? UH, UH, I JUST WANTED TO SAY, UH, EXCUSE.

I'M SORRY, MR. SIMON.

I JUST WANTED TO SAY THAT, YOU KNOW, I, IT'S ALL WELL AND GOOD TO GET THIS INFORMATION FROM THE POLICE, BUT THEY DON'T, GREENBURG POLICE DOES NOT PATROL OUR STREET, SO THEY DON'T, THERE, THERE'S NOTHING TO JUDGE WHAT THE TRAFFIC IS LIKE ON OUR STREET.

[02:00:02]

AND THERE'S NOTHING TO SAY.

UM, I MEAN, WE CAN TAKE PICTURES AFTER THE SNOW MELS AND SHOW YOU ALL THE PARKING AND ALL THE CARS THAT ARE ON OUR STREET, BUT THERE'S REALLY NOTHING THAT GREENBERG PROBABLY CAN SHOW YOU.

BUT I UNDERSTAND GETTING, TRYING TO GET THAT INFORMATION.

NOW, YOU JUST SAID SOMETHING THAT, YOU KNOW, YOU CAN DO, IF YOU CAN TAKE DATED PHOTOGRAPHS DATE, IT HAS TO BE A DATE ON IT.

OKAY.

AND, AND IF YOU CHOOSE TO SUBMIT THAT, THEN THAT'S SOMETHING THAT YOU HAVE, UH, OPPORTUNITIES TO DO.

OKAY.

THANK YOU.

UH, GOING BACK TO MY, UH, ORIGINAL QUESTION, , IF WE COULD KEEP, KEEP THE RECORD OPEN FOR 10 DAYS OR MAKE IT , I'M JUST TRYING TO MAKE SURE WE HAVE ALL THE AVAILABLE DATA IN HAND.

SO WHEN WE HAVE TO MAKE, MAKE A DECISION, WE HAVE THE INFORMATION.

OKAY.

UH, I'M, WELL, I'M INCLINED TO KEEP THE RECORD OPEN, UH, NOT AN ADDITIONAL WEEK RATHER THAN THE 10 DAYS.

UH, KEEP THE RECORD OPEN FOR ADDITIONAL WEEK TO ENSURE THAT ALL THE INFORMATION IS IN AND THEREFORE WILL BE IN A POSITION TO MAKE A DECISION.

AND I WAS ABLE, WHILE EVERYONE WAS SPEAKING TO PULL UP ANOTHER, UM, ITERATION, ONE OF THE ITERATIONS THAT WE HAD ISSUES WITH.

UM, IF I MAY, WELL, I WOULD PREFER THAT YOU THAT, OKAY, THIS IS FINE, BUT I WOULD ALSO LIKE FOR YOU TO TAKE THE TIME TO REVIEW ALL OF YOUR RECORDS SO WE COULD HAVE THEM ON FILE.

ABSOLUTELY.

I, I JUST WANTED TO SHOW YOU THIS, THAT, BECAUSE THIS WAS, THIS WAS EARLY ON WHEN WE WERE TRYING TO GO THROUGH ACCESSING ONE HOUSE OFF OF NORTH LAWN, ONE HOUSE OFF OF, UH, NORTH EVERETT.

OKAY.

AND THIS IS WHY I WAS SAYING THE PROBLEM WAS TRYING TO GET UP THIS SLOPE AND GET UP TO THIS PLATFORM IS, IS THAT'S REALLY WHERE OUR, OUR CHALLENGE WAS AND WHY WE BASICALLY ABANDON THIS, THIS CONCEPT.

WHAT IS THE SWAP OF THAT THIS GOES FROM ABOUT JUST UNDER 2 0 2, UP TO TWO 14.

UM, SO BASICALLY 12%.

YEAH.

SO HOW DOES 12% FIT IN WITH OUR, UH, AADA? A MAXIMUM SLOPE FOR AADA A IS 2% IN THE PARKING AREA.

OKAY.

AND THAT WOULD BE SLOPING 12% RIGHT? TO THE EDGE OF THE PAVEMENT ON THE ROAD.

OKAY.

WELL, NO, THIS IS, WAS THE INFORMATION.

OKAY.

BUT I'LL, I'LL GET THIS PACKAGE SO I CAN GET THIS OVER TO, UH, MR. SCHMIDT.

SO, AND, AND I'LL LOOK THROUGH.

I, I JUST WAS TRYING TO GET AT LEAST SOMETHING TO SHOW YOU AND RIGHT BEFORE WE, BEFORE WE LEAVE, I WANT TO SAY AT LEAST GET IT UP.

UNDERSTOOD.

WE APPRECIATE THAT.

I WOULD SAY STAFF WOULD RECOMMEND THAT THE BOARD CONSIDER LEAVING THE RECORD OPEN TO MARCH 3RD, WEDNESDAY, MARCH 3RD.

OKAY.

AND HOW THAT WOULD GIVE, THAT GIVES AN EXTRA THREE DAYS, RIGHT? THAT WOULD KEEP THE RECORD OPEN FOR A PERIOD OF TWO WEEKS.

OKAY, FINE.

UH, OH.

I LIKE TO MAKE A MOTION THAT WE CLOSE THE HEARING AND WE KEEP THE RECORD OPEN UNTIL MARCH 3RD.

THANK, UH, ALL IN FAVOR? AYE.

AYE.

OPPOSED? AYE.

UH, MICHAEL? OPPOSED? FAVOR? OH, WAS IT A LIGHT EYE? THAT'S ALL.

IT WAS LATE.

IT WAS LATE ON THE, UH, UPTAKE.

OKAY.

UPSETTING.

OKAY.

SO WE WILL CLOSE THE HEARING.

KEEP THE RECORD OPEN TO MARCH, UH, THE THIRD WE SAID THAT WILL GIVE, UH, UH, THE, THE NEIGHBOR'S OPPORTUNITY TO SUBMIT ANY, UH, ADDITIONAL INFORMATION THEY HAVE REGARDING THAT, THAT WILL GIVE, UH, UH, THE APPLICANT TO SUBMIT ANY DATA ON ALTERNATE PLANS THAT WILL GIVE, UH, UH, US THE OPPORTUNITY FOR LOOK AT ANY, THE TRAFFIC RECORDS FROM THE GREENBERG, UH, UH, POLICE DEPARTMENT, AND ANY OTHER, UH, SOURCES OF TRAFFIC INFORMATION WE COULD OBTAIN.

OKAY.

WITH THAT SAID, I WOULD, UH, UH, A RECOMMENDATION TO CLOSE THE PUBLIC HEARING SESSION OF, UH, TONIGHT'S MEETING.

I MOVED.

SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

AYE.

AYE.

UM, FURTHER BUSINESS ON THE, ON THE AGENDA THAT I'M AWARE OF AT THIS POINT? YEAH,

[02:05:01]

I, I JUST, I JUST, I JUST WANTED TO INDICATE TONIGHT.

THANK YOU.

THANK YOU.

UH, I, I JUST WANNA REMIND THE BOARD, UH, TOMORROW EVENING THAT, UH, YOU AND I WILL BE GOING IN FRONT OF THE ZONING BOARD, UH, TO, UH, UH, UH, TO DEFEND OUR, UH, DECISION TO APPEAL THE ZONING, THE BUILDING INSPECTOR, BUILDING INSPECTORS, THE, UH, DECISION, UH, THIS, UH, UH, BATTERY PACK.

SO THAT'S THE ONLY OTHER BUSINESS I HAVE IN FRONT OF.

OKAY.

WELL, ONE THING REAL QUICK, WALTER, I THINK IN REGARDS TO WHAT HAPPENED AGAIN TONIGHT, AND IT SEEMS TO HAPPEN EVERY MEETING JUST AT THE BEGINNING OF THE MEETING, I, AND YOU'VE DONE IT BEFORE, JUST REITERATE WHAT THE GROUND RULES ARE FOR SPEAKING, AND THAT, THAT WHATEVER THEY SAY HAS TO BE DIRECTLY RELATED TO, UM, YOU KNOW, TO, TO THE SUBJECT AT HAND.

UM, YOU KNOW, OUR TIME IS NOT A FREE GOOD EITHER, SO, YOU KNOW, AND, AND NEITHER IS.

AND IF IT, AND IF THERE IS A, UM, INTERNALLY IT'S COSTING THE APPLICANT MONEY ON TOP OF IT ALL, UH, FOR EVERY EXTRA MINUTE, THEN WE HAVE THESE.

SO, UM, I THINK, AGAIN, I THINK AT THE BEGINNING OF ANY OF THE PUBLIC HEARINGS, I THINK THAT SHOULD BE, BE STATED.

I THINK THAT AN IDEA AND I WILL FOLLOW SUIT.

OKAY.

THANK YOU VERY MUCH.

EVERYBODY SAFE IN THE SNOW TOMORROW, PLEASE.

OKAY.

WAIT MINUTE? NO.

BEFORE WE CLOSE, IF I, UM, ROBERT'S GONNA SING NOW BECAUSE HE'S JEALOUS OF DAVID.

HE'S TRYING TO MINUTES LATE.

NO, HE SAYS NOTHING.

YOU KNOW, I JUST, JUST NOTE THAT .

OKAY.

I WAS ACTUALLY, WHEN WE WERE GOING TO FINISH AT SIX 30 BEFORE YOU DRAGGED IT OUT, I WAS ACTUALLY GONNA GIVE YOU AN ADAM ONE, YOUR FRIEND.

LISTEN TO MICHAEL.

IT WOULD'VE BEEN DONE EARLY.

MICHAEL TRIED TO, TRIED TO, TO, TO, UH, MAKE IT FOR DEFICIENT MEETING TONIGHT.

THANK YOU MICHAEL, FOR, FOR STEPPING IN OFF NOW.

BYE.