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[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS GREENBURGH TOWN HALL FINAL AGENDA THURSDAY, May 20, 2021 – 6:00 P.M. Due to the COVID-19 pandemic and the Governor’s Executive Order 202.1, there will be no public gathering in Town Hall for this meeting. Planning Board Members will participate remotely. If you would like to watch the meeting, you may do so via the Town's website at https://ny-greenburgh.civicplus.com/485/Watch-Live-Board-Meetings or local cable television Verizon/FiOS Channel 35. If you would like to view the meeting via the Zoom platform or participate in one or more of the public hearings, you must pre-register through the Department of Community Development and Conservation by emailing publichearing@greenburghny.com or calling 914-989-1530, specifying the applications that you would like to speak on. Instructions to participate will then be emailed to you or you will receive a return phone call. DUE TO A DEFECTIVE PIECE OF EQUIPMENT THIS MEETING MAY NOT BE CABLECAST ON ALTICE CHANNEL 76. IT WILL, HOWEVER, BE REPLAYED ON CABLE. ]
EVENING EVERYONE.AS YOU KNOW THIS, OH, WELL, HOPEFULLY, YOU KNOW, I SHOULD SAY
THIS IS THE MEETING OF THE ZONING BOARD OF APPEALS.
AND I, WE HAVE NINE CASES SCHEDULED FOR TODAY'S AGENDA, HOWEVER, CASE 2109 HAMPSHIRE MANAGEMENT AND CASE 2111 HAS, AND HAS ALSO, UH, REQUESTED, WHICH IS LAUREL STREET HAS ALSO REQUESTED AN ADJOURNMENT.
UM, THESE, THESE CAME IN VERY RECENTLY, SO THEREFORE THE BOARD WOULDN'T HAVE TO VOTE ON, VOTE ON THEM, BUT WE WANTED TO LET THE PUBLIC KNOW THAT WE WILL NOT BE ACTUALLY HEARING THOSE CASES TONIGHT, SO THAT IF THERE IS SOMETHING ELSE THAT YOU WISH TO ATTEND TO, YOU DO NOT HAVE TO, UH, CONTINUE HERE WITH THIS MEETING.
HOWEVER, YOU'RE WELCOME TO STAY AND LISTEN TO OTHER CASES SHOULD YOU CHOOSE TO DO SO.
PLEASE NOTE THAT THE ZONING BOARD WILL HAVE OUR NEXT REGULAR MEETING ON THURSDAY, JUNE 17TH.
AS USUAL, IF WE CANNOT COMPLETE HEARING ANY CASE TODAY, IT WILL BE ADJOURNED TO ANOTHER MEETING TO HOPEFULLY BE COMPLETED AT THAT TIME.
ALSO, AS IS USUAL TO SAVE TIME, WE WILL WAIVE THE READING OF THE PROPERTY LOCATION AND THE RELIEF SOUGHT FOR EACH CASE.
HOWEVER, THE REPORTER WILL INSERT THIS INFORMATION IN THE RECORD.
THIS INFORMATION ALSO APPEARS IN THE AGENDA FOR TODAY'S MEETING.
AFTER THE PUBLIC HEARING OF TODAY'S CASES, THE BOARD WILL MEET IN THE ZOOM ROOM TO DISCUSS THE CASES WE'VE HEARD TODAY.
AT THAT TIME, EVERYONE IS PERMITTED TO LISTEN TO OUR DELIBERATIONS, BUT THE PUBLIC WILL NOT BE PERMITTED TO SPEAK OR PARTICIPATE DURING THAT TIME.
AFTER OUR DELIBERATIONS, WE COME BACK ON THE FORMAL RECORD TO ANNOUNCE THE BOARD'S DECISIONS, IF ANY, AND FOR THAT TO BE BROADCAST AND PROVIDED TO THE COMMUNITY.
IF YOU ARE GOING TO SPEAK TODAY, YOU MUST CLEARLY STATE YOUR NAME AND ADDRESS OR YOUR PROFESSIONAL AFFILIATION.
IF YOU'RE NOT AN APPLICANT, PLEASE SPELL YOUR NAME FOR THE RECORD.
WE HAVE HEARD TESTIMONY ON SOME OF THESE CASES OF PRIOR MEETINGS.
ALL PRIOR TESTIMONY IS ALREADY IN THE RECORD AND SHOULD NOT BE REPEATED.
TODAY'S FIRST CASE WILL BE HELD THREE AND 2104.
LET ME MAKE A SUGGESTION AS, AS A RESULT OF WHAT YOU JUST SAID, UH, LET ME SUGGEST THAT YOU TAKE A VOTE ON THE TWO ADJOURNMENTS.
THAT WAY PEOPLE CAN TUNE OUT WITH ASSURANCE THAT THEY WON'T
SO BEFORE WE GO TO THE TWO CASES THAT WERE LISTED, FIRST ON THE AGENDA, WE WILL ADDRESS, UH, THOSE TWO MATTERS.
HOWEVER, BEFORE WE ADDRESS THOSE TWO MATTERS OF THE ADJOURNMENTS, WE DO HAVE AN ANNOUNCEMENT FROM MR. DUANE WITH RESPECT TO, UM, AN ISSUE THAT HAS ARISEN WITH RESPECT TO OUR TRANSMISSIONS.
AND JUST A REMINDER, PLEASE DO MUTE YOUR MICS, UH, IF YOU'RE NOT SPEAKING, UM, AND IT IS SHOWN ON THE SCREEN HERE, BUT WE HAD A TECHNICAL DIFFICULTY.
PLEASE NOTE THAT THIS MEETING, CHANNEL 76, UM, IT WILL NOT AIR LIVE.
HOWEVER, THE MEETING CAN BE VIEWED LIVE ON THE TOWN WEBSITE AND ON VERIZON, FIOS, CHANNEL 35.
THE MEETINGS WILL BE ARCHIVED ON THE TOWN WEBSITE AND REAR ON CABLE VISION, CABLE TELEVISION FRIDAY THROUGH SUNDAY.
UH, MADAM CHAIR, YOUR MIC IS MUTED.
UH, IN THAT HAMPSHIRE MANAGEMENT ASKED FOR AN ADJOURNMENT OF THIS MATTER, AND THEREFORE WE WILL NEED A VOTE DUE TO THE LATENESS OF THE REQUEST.
AND THEREFORE I WOULD ASK FOR A SECOND TO, UH, TO PERMIT THEM TO, UM, HAVE THIS MATTER ADJOURNED TO THE NEXT DATE, WHICH WOULD BE JUNE 17TH.
AND THE NEXT PRELIMINARY MATTER IS CASE 2111 LAUREL STREET VACANT LOT, WHICH ALSO VERY LATE TODAY ASKED FOR AN ADJOURNMENT.
UM, AND AS WE KNOW, THE CASE WOULD HAVE TO BE RENO.
IT HAS BEEN RE NOTED IN TONIGHT'S UPDATED AGENDA, HOWEVER, NOT IN THE PUBLIC NOTICE.
SO THEREFORE, I ALSO WOULD CALL FOR A VOTE TO
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PERMIT THAT MATTER TO BE ADJOURNED TO JUNE 17TH.MOVING ON NOW TO OUR REGULAR AGENDA, WHICH IS CASE STARTING WITH CASE 2 0 2, 0 21 0 3, AND 2104, WHICH WE HAVE BEEN HEARING TOGETHER.
UM, BEFORE WE HEAR FROM ANY, I'M SORRY, DID SOMEONE SAY SOMETHING? OKAY.
I WAS GONNA SAY BEFORE WE HEAR FROM ANY, EITHER THE, THE, UM, APPLICANT OR THE OPPOSITION IN THIS MATTER, UH, I JUST WANTED TO NOTE THAT WE HAVE BEEN TOLD THAT THERE IS CURRENTLY A VOTE THAT SHOULD BE COMING DOWN SOON WITH RESPECT TO THE, FROM THE TOWN.
UM, THAT WOULD PROVIDE US WITH SOME DIRECTION THAT WOULD ANSWER, I THINK, MANY OF THE CONCERNS THAT HAVE BEEN RAISED WITH RESPECT TO THIS, UM, PROPOSAL BY EAGLE.
SO THEREFORE, UM, IN THE SPIRIT OF, I THINK, CONSERVING TIME AND PERHAPS NOT CREATING ADDITIONAL, UM, I DON'T, I DON'T WANNA USE THE WORD LITIGATION, BUT IT COULD BE, UH, WE WOULD LIKE TO SEE IF THE, UH, IF EAGLE WOULD CONSIDER ALLOWING US TO PUT THIS MATTER OVER, UH, TO ALLOW FOR THAT PROPOSAL AND LEGISLATION TO COME OUT TO SEE IF THAT WOULD RESOLVE SOME OF THE CONCERNS THAT HAVE BEEN RAISED HERE.
GOOD EVENING, MADAM CHAIR, MEMBERS OF THE BOARD TOWN COUNCIL STAFF.
CAN EVERYONE HEAR ME OKAY? YES.
UM, I, I, IF I MAY, MADAM CHAIR, I, YOU KNOW, I DO, THAT'S SOMETHING I, I'D LIKE TO DISCUSS IF, AND I CAN WITH MY CLIENT, I MEAN, WITH THE, THE VIRTUAL MEETING, I WOULD JUST HAVE TO DISCUSS WITH THEM BRIEFLY A ABOUT THAT.
I MEAN, IT'S, IT'S A INTERESTING REQUEST.
UM, AND I WILL SAY, JUST FOR THE RECORD, THAT, UH, WE, THE PLANNING BOARD DID HAVE A SPECIAL MEETING ON, ON MONDAY, AND IT WAS, UM, IT WAS ENCOURAGING TO HEAR SOME OF THE COMMENTS THAT WERE BACK AND FORTH ON THE PROPOSED LOCAL LAW.
UH, SO THAT, THAT WAS SOME, SOME REFRESHING AND GOOD NEWS.
SO IT, IT LOOKS LIKE THE TOWN, AND, AND AGAIN, WITH THE PLANNING BOARD'S ASSISTANCE IS MAKING HEADWAY ON THAT FRONT.
BUT AGAIN, I, I'D LIKE TO JUST CIRCLE BACK WITH MY CLIENT, AND IF YOU WOULD JUST GIVE ME AND ALLOW ME A COUPLE OF MINUTES JUST TO DO THAT, MADAM CHAIR, MEMBERS OF THE BOARD, I WOULD APPRECIATE THAT, IF THAT'S OKAY.
I WAS GOING TO ASK YOU, WOULD YOU MIND, UM, UH, TAKING THE TIME TO SPEAK TO YOUR CLIENT AND ALLOWING US TO GO FORWARD WITH THE AGENDA THAT WE DO HAVE ON THE NEXT CASE THAT'S ON? YEAH, IF YOU, IF YOU JUST, YEAH, SURE.
IF YOU GIMME JUST A MOMENT, LIKE I SAID, NORMALLY IF I WAS THERE, I COULD JUST GO TO THE AISLE
BUT I JUST HAVE TO MAKE A QUICK CALL.
UH, I KNOW MY CLIENT IS ON, ON THE ZOOM TONIGHT, SO, UH, BUT IF I CAN JUST TAKE TWO MINUTES, AND IN THE INTERIM, IF YOU'D LIKE TO PROCEED, UH, MADAM CHAIR WITH THE NEXT ITEM, WHILE WE DO THAT, I, I, I WOULD BE FINE WITH THAT.
AND I KNOW MY CLIENT WOULDN'T, I, I WOULD HOPE THE, THE APPELLANTS HERE, THE CIVIC ASSOCIATION, THE PLANNING BOARD, I HOPE THEY WOULDN'T MIND AS WELL, IF YOU WANNA GO TO THE NEXT ITEM WHILE I DO THAT.
IS THERE ANY OPPOSITION FROM ANYONE? NO OBJECTION, MADAM CHAIRMAN.
ALL RIGHT, THEN LET'S GO TO CASE 2105 G H P TER ROAD.
5 5 5 TER ROAD, WHICH LET ME GO BACK TO MY AGENDA NOW.
WHERE DID MY AGENDA GO? MY AGENDA DISAPPEARED ON ME.
I HAVE IT ON THE SCREEN HERE IF YOU'D LIKE ME TO RECITE IT.
ZPA CASE 2105 GHP TAXTER, L L P FOR PROPERTY LOCATED 5 5 5 TAXTER ROAD FOR AREA VARIANCES.
YES, THEY, THEY WISHED, UH, TO ASK FOR A CHANGE IN THE ILLUMINATION, SO LET'S HEAR FROM THEM.
GOOD EVENING, MADAM CHAIR, MEMBERS OF THE BOARD, UH, AGAIN, MY NAME IS ADAM RODRIGUEZ, UH, AN ATTORNEY AT BELIEVE WE FLAT SCHMIDT.
I REPRESENT THE APPLICANT, G H P TAXER, L L C, THE OWNER OF 5 55 TAXER ROAD, UH, IN GREENBURG.
WE WERE HERE BEFORE YOU A MONTH AGO, AND WE DISCUSSED OUR APPLICATION TO AMEND
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A PREVIOUSLY GRANTED VARIANCE, THAT LIMITED ILLUMINATION OF A SIGN FROM 8:00 AM TO 6:00 PM DURING NORMAL WORKING DAYS.UM, OUR ORIGINAL REQUEST WAS THAT THE RESTRICTION BE LIFTED AND G H P BE ALLOWED TO MAINTAIN ELIMINATION 24 HOURS A DAY, SEVEN DAYS A WEEK.
GIVEN THE, THE DISCUSSION WITH THE BOARD, UH, AND THE FEEDBACK THAT THAT WAS GIVEN TO US, YOU KNOW, WE WROTE TO THE BOARD, UH, LAST WEEK, I THINK.
AND, UM, YOU KNOW, BASED ON THE COMMENTS FROM THE BOARD, WE AMENDED OUR, UH, REQUEST AND, AND TO, TO BASICALLY ASK THAT THE RESTRICTION BE MODIFIED TO ALLOW ILLUMINATION BETWEEN THE HOURS OF 8:00 AM TO 10:00 PM SEVEN DAYS A WEEK.
MADAM CHAIR, ANY, ANY BOARD MEMBERS? I'LL SPEAK FOR MYSELF.
I, I THINK I'VE HEARD ENOUGH TO MAKE MY DECISION, BUT I'LL WAIT TO HEAR FROM THE OTHERS.
MAYBE THEY'LL PERSUADE ME OTHERWISE, YES, NOBODY, I THOUGHT THERE WAS SOMEONE ELSE WHO WAS RESPONDING.
I WAS THERE RECENTLY, UH, AT THE BUILDING AND DRIVING DOWN A FEW AND LOOKING AT IT, AND IT IS MY PERSONAL OPINION THAT THIS IS PURELY AN ADVERTISING THING, AND IT DOES NOT NECESSARILY HAVE TO BE THERE, BE BEYOND THE HOURS WE ALREADY SPECIFIED.
IT BECOMES SOMETHING THAT OTHER PEOPLE WILL SAY, WELL, THEY CAN HAVE A WHY CAN'T I? IT IS, UH, ABOMINATION IS THE WRONG WORD, BUT CERTAINLY NOT IN THE INTEREST OF THE COMMUNITY TO HAVE THAT SIGN UP THERE.
IT'S MY PERSONAL OPINION, THEY ARE PUTTING ONE UP THERE ONLY FOR THE OPPORTUNITY TO HAVE A SIGN ON THE ROOF.
IT'S NOT ANYWHERE NEAR ANY OTHER ONE.
AND THERE'S MANY, MANY OTHER FACILITIES FOR URGENT CARE.
SO, IT'S MY PERSONAL OPINION, THIS IS AN ADVERTISING GIMMICK, AND I DON'T THINK THAT THEY SHOULD HAVE THE OPPORTUNITY TO ADVERTISE AT THE EXPENSE OF THE COMMUNITY.
ANY OTHER COMMENTS? MAY I RESPOND? WELL, LET'S SEE IF THERE'S ANY OTHER COMMENTS FIRST FROM THE AUDIENCE.
CHAIR, UM, YOU KNOW, AS WE DISCUSSED LAST TIME, AND I, I DON'T WANNA BEAT, BEAT THE DRUM OVER AGAIN, BUT THE, THE RESIDENCES THAT ARE WITHIN THE VIEW SHED ARE THOUSANDS OF FEET AWAY.
THIS IS GONNA HAVE ZERO IMPACT ON ANY OF THEM.
UM, AND IT, YOU KNOW, THERE, THE VIEW SHED IS SEPARATED BY A SIGNIFICANT COMMERCIAL AREA THAT HAS SIGNS THAT ARE ILLUMINATED 24 HOURS A DAY.
SO WE THINK THAT THE IMPACT, YOU KNOW, IS GONNA BE BASICALLY ZERO.
ANY COMMENTS ON THAT? MR. BOWDEN SEEKS TO SPEAK.
CAN I SPEAK AGAIN? YES, MR. BOWDEN, THIS IS OBVIOUSLY THE BEST PLACE TO SEE IT IS FROM THE NEW YORK STATE THROUGHWAY COMING FROM THE TAPAN SEA BRIDGE.
IT STANDS OUT RIGHT IN THE MIDDLE OF THE SKY, THE COMMUNITY.
IT'S TRUE, NOBODY LIVES NEAR IT, BUT EVERY CAR COMING OVER TO TAPAN SEA BRIDGE IS GONNA SEE THAT SIGN.
THAT'S ADVERTISING OF THE FIRST ORDER.
YES, THERE'S NOBODY IN THE COMMUNITY, BUT EVERY CAR ON A FREEWAY WILL SEE THAT SIGN.
TO ME, THAT'S ADVERTISING PURE AND SIMPLE.
ANY OTHER COMMENTS? ALL RIGHT, WE WILL TAKE IT UNDER CONSIDERATION.
IF I MAY, JUST ONE FINAL POINT, UM, TO THAT, TO THAT COMMENT MEAN THERE ARE LOTS OF SIGNS ON THE INTERSTATE, YOU KNOW, TWO ON 87 ON ALL THE THOROUGHFARES IN THE AREA, AND THIS WILL MAKE, YOU KNOW, IN OUR VIEW, NO IMPACT WHATSOEVER, CERTAIN AMOUNT, A SIGNIFICANT IMPACT TO THE, TO THE COMMUTING PUBLIC ON THOSE THOROUGHFARES.
UH, UH, I, I THINK IT ANYBODY WHO DRIVES ENOUGH THROUGHWAY OR 2 87, THIS SIGN IS SO PROMINENT, IT LIGHTS UP THE SKY.
AND I DARE SAY MOST OF THE PEOPLE TRAVELING 2 87 TO THROUGHWAY HAVE NO INTENTION TO GO INTO THAT SITE.
I FIND IT UNSIGHTLY AND, UH, YOU KNOW, AND I BELIEVE THAT THE HOURS THEY HAVE NOW ARE APPROPRIATE.
ALRIGHT, SINCE I DON'T SEE MR. RETTA BACK YET, LET'S MOVE ON TO CASE 2108.
JARED AND GISELLE LINDSEY AT 2 48 FORT HILL ROAD.
AND WHO IS HERE ON THAT MATTER? CAROL, IS THAT A, A MISTAKEN CARRYOVER? I THOUGHT
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THAT WAS CONCLUDED LAST MONTH.POETS CORNER, 2 58 CHERRYTOWN ROAD.
WHO IS GOOD EVENING? I AM, UH, GOOD EVENING CHAIRPERSON MEMBERS OF THE BOARD.
UH, MY NAME IS MAD ZAMBRANO OF ZAMBRANO ENTERPRISES.
I'M REPRESENTING POETS CORNER REALTY AND LUKE OIL NORTH AMERICA.
UH, REGARDING, UH, SIGN VARIANCE AT 2 5 8 TARRYTOWN ROAD IN WHITE PLAINS.
WE HAD MET LAST MONTH, UM, AND WE HAD LESSENED OUR, UM, ID SIGN VARIANCE REQUEST, UM, 2 29 0.31 SQUARE FEET.
UM, AS PER OUR COVER LETTER THAT WE SUBMITTED, UH, BEFORE THIS HEARING, UH, LUCO WILL BE FORMALLY WITHDRAWING THEIR VARIANCE REQUEST FOR THE CANOPY SIGNAGE.
UM, INSTEAD THEY'RE GOING TO, UH, POTENTIALLY PURSUE A BUILDING PERMIT FOR A CANOPY SIGN ON THE SOUTH ELEVATION OF THE CANOPY FACING TARRYTOWN ROAD, WHICH IS ALLOWABLE AS PER BUILDING CODE.
UM, SINCE THERE WERE NO OBJECTIONS TO OUR ID SIGN LAST WEEK, UH, WE DID NOT MAKE ANY CHANGES TO THAT.
UM, SO I WILL JUST OPEN IT UP TO THE BOARD.
ANY QUESTIONS? ANY QUESTIONS FROM THE BOARD? ANY COMMENTS FROM THE COMMUNITY? NO, MA'AM.
MOVING ON TO CASE 2110, JOHN LABINA TO FACTS RIDGE LANE AND WHO IS HERE ON THAT MATTER? I SEE MR. LABINA? YES, I'M HERE.
IS ANYONE SPEAKING ON YOUR BEHALF? I'M, I'M HERE TOO.
I AM THE APPLICANT FOR MR. AND, UH, MRS. BINA.
WE, THE VARIANCE IS, UH, FOR THE EXTENSION OF THE DRIVEWAY FROM 16 FEET TO 23 FEET, AND THE EXTENSION OF THE MANOVER, UH, DRIVEWAY AREA FROM 30 TO 48 FEET.
UM, THIS BARGAIN WAS CREATED AFTER, UH, WE BUILT THE HOUSE AND WE NOTICED THAT THE AREA FOR THE REQUIREMENTS FOR THE OWNER IS, IT WAS VERY HARD TO MAN THE, THE CARS, THE PROPERTY IS LOCATED IN A CULDESAC, SO WE DON'T HAVE PARKING SPACES FOR THE VISITORS.
UM, RUBINA'S FAMILIES, A LARGE FAMILY THEY USE TO MEET TOGETHER WITH CARS, AND THERE IS NO PLACE, UH, IN THE AREA IS THE FIRST DEVELOPMENT IN, IN RIDGE LANE IN TAXI RIDGE LANE.
AND, UH, IT WAS, UM, UM, VERY IMPERATIVE TO EXTEND THE DRIVEWAY, UH, ESPECIALLY BECAUSE BETWEEN THE STREET AND, AND THE HOUSE IS, UH, UP OF THE, THE, THE HILL AND WE HAVE ABOUT ALMOST 200 FEET FROM THE STREET TO THE HOUSE.
UM, IF YOU ARE DRIVING TWO WAYS, IS UM, IS HARD TO HAVE TWO CARS TOGETHER PASS BY ONE TO ANOTHER ONE.
AND, UM, AND LIKE I SAY BEFORE, UH, TO MANEUVER, UH, THE CARS, EH, OUT IN THE DRIVEWAY, EH, EXIT EXITING.
THE, THE GARAGE IS, IS A LITTLE HARD.
AND, UM, THEY HAVE A TRUCK, UH, 24 HOUR SERVICE IN, IN THE HOUSE THAT THEY HAVE TO, UM, UH, EXIT IN ANY TIME FOR, FOR ANY EMERGENCY FOR HER, UH, THEIR BUSINESS.
WE ARE, WE ARE TRYING TO GET, UH, IN CONSIDERATION WITH THE BOARD AND THE COMMUNITY.
WE ARE TRYING TO, UH, GIVE A LITTLE, UH, BETTER LANDSCAPE.
THE HOUSE, UM, IS, IS THE FIELD DEVELOPMENT.
SO WE ARE TRYING TO, EH, GIVE SPACE FOR VISITORS AND DON'T, DON'T, UH, EH, PULL THE, THE STREET WITH CARS AND, UH, IT, IT IS GOING TO BE FREE OF CARS.
SO THEY HAVE THEM OFFICE SPACE, ESPECIALLY FOR, FOR THE FAMILY.
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IT'S A LARGE FAMILY.THEY GET TOGETHER USUALLY, AND THEY HAVE, UM, FRIENDS.
AND, UM, THAT'S, THAT'S, THAT'S THE VARIANCE THAT WE APPLY FOR.
I HAVE, UM, QUESTIONS FROM THE BOARD.
I HAVE, UH, MR. LEVIA, MRS. LEVIA IN, IN VIDEO IF, IF THEY WANT TO, TO SAY SOMETHING ELSE.
BUT BASICALLY IT'S THAT, THAT DAY, THE VARIANCE.
MS. LUTA, YOU'RE, YOU'RE FREE TO SHARE SCREEN IF YOU'D LIKE, IF YOU HAVE, UH, A DRAWING HANDY.
OH, I, EVERYTHING WAS SUBMITTED TO THE, TO THE BOARD.
NO, THE BOARD MEMBERS HAVE IT.
I JUST DIDN'T KNOW IF YOU, YOU HAD SOMETHING HANDY, YOU COULD FLASH ON THE SCREEN, BUT IT'S OKAY.
NO, I, I CAN OPEN THE, THE PLANS, BUT IT'S VERY HARD TO, TO SHOW TO THE, TO THE BOARD IN, IN THE VIDEO.
UM, IT'S STAND IN IF YOU WANNA, UH, TAKE IT OUT FROM THEIR FILE.
I JUST, IF SHE HAD IT READY, THAT WAS GOING TO BE FINE.
OTHERWISE, UM, I THINK WE'RE ALL SET.
DID, UH, ARE WE GOING TO SHOW SEE SOMETHING OR ARE WE GOING TO HEAR FROM MR. LEVIA? WELL, I WOULD LIKE TO SAY SOMETHING.
WELL, WE ADDED EXTRA DRAINAGE MORE THAN WHAT WAS REQUIRED TO RETAIN THE WATER IN OUR SYSTEM.
AND, UM, JUST MANEUVERING THE CARS UP BY THE GARAGE SPACE.
MY WIFE IS NOT A GREATEST DRIVER.
AND
'CAUSE THE STREET IS A VERY SMALL CUL-DE-SAC.
AND, UH, THAT WAS THE, THAT WAS THE PURPOSE OF THIS.
WHAT IS THE SQUARE FOOTAGE OF THE PROPERTY, IF YOU KNOW? WELL, THE PROPERTY ITSELF IS ABOUT 1.75 ACRES.
AND THE, UM, SQUARE FOOTAGE OF THE, OF THE HOME IS WHAT, UH, ABOUT 3,200, I WOULD SAY.
HOW ABOUT, YES, ABOUT 30, WE HAVE ABOUT 30, YEAH, 3,500.
SO, AM I CORRECT IN THAT THE AREA THAT YOU, THAT YOU WANT TO EXPAND WOULD BE THE AREA AT THE UPPER END OF THE, UH, DRIVEWAY CLOSER TO THE HOME? UH, ACTUALLY, YES.
AND, UH, JUST THE WIDTH OF THE DRIVEWAY ITSELF FOR THAT PORTION, OR, OR, OR, OR ARE YOU SAYING THAT YOU WISH TO, UM, ENLARGE THE ENTIRE DRIVEWAY ALL THE WAY OUT TO THE STREET? WELL, I, THE ENTIRE DRIVEWAY, UH, ABOUT SEVEN FEET OR WIDER AND ON TOP, WE'RE GONNA PROBABLY NEED 15, 20 FEET JUST TO MANEUVER THE VEHICLES COMING OUT OF THE GARAGE SO WE DON'T HAVE TO MOVE THE VEHICLES EVERY TIME WE TRY TO GET OUT OF THE GARAGE ITSELF.
SO WHAT WE SEE NOW, AND, AND I, LET'S SEE, LOOKING AT THE FRONT VIEW OF AX LANE, THAT SHOWS THE, HOW IT, HOW THE HOUSE LOOKS BEFORE YOU ACTUALLY DRIVE INTO THE DRIVEWAY.
YOU'RE SAYING THAT YOU WOULD WANT TO WIDEN THE DRIVEWAY ON THE SIDE THAT'S AWAY FROM THE RETAINING WALL, CORRECT? YES.
AND THAT WOULD BE ABOUT SEVEN FEET GOING ALL THE WAY BACK? CORRECT.
AND THEN AT THE END, THE, THE WIDTH WOULD BE ON THE RETAINING WALL SIDE, BUT IT WOULD BE, UH, A VIEW FROM THE HOUSE, NOT YOU, IT'S NOT SOMETHING YOU WOULD SEE FROM THE STREET, CORRECT? YES, THAT'S CORRECT.
ANY OTHER QUESTIONS FROM ANY OTHER BOARD MEMBERS? UM, YES, I, I WAS LOOKING AT THE SITE PLAN AND I'M NOTICING THAT, UM, YOU WANT TO EXPAND THE WIDTH OF THE DRIVEWAY TO THE STREET SO THAT CARS CAN PARK ALONG THE SIDE OF THE DRIVEWAY AND THEN ANOTHER CAR WOULD HAVE ROOM TO PASS BY IT.
UM, BECAUSE IN READING THE, UH, BUT THIS NOT AT ALL TIMES.
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IS WHEN WE HAVE FAMILY OVER THE CUL-DE-SAC IS A SMALL ROAD, AND, UH, THERE IS NO PARKING THERE AT ALL.YOU CAN'T EVEN LEAVE A CAR OUT IN THE STREET.
SO YOU HAVE A THREE CAR GARAGE, AND I THINK IN A PACKAGE IT SAYS YOU HAVE EIGHT CARS ALL TOTAL IN THE VAN.
IS A TRUCK $2 MILLION WORTH OF VEHICLES? YES.
UM, I, MY SIDE CARS STAY IN THE GARAGE AND THE OTHER ONES WOULD BE OUTSIDE.
PARKED ALONG THE NEW EXPANSION THAT WOULD BE OPPOSITE, LET'S SAY THE GARAGE DOOR NEAR THE HOUSE? UH, YES.
IN LOOKING AT THE SITE PLANET, IT SEEMS AS IF THERE'S A 16 FOOT DIFFERENCE IN HEIGHT FROM THE STREET TO THE, TO YOUR HOUSE, WHICH IS A, A PRETTY GOOD, UM, INCLINE.
SO I, I THINK IT WOULD'VE BEEN HELPFUL OR WOULD BE HELPFUL TO GET A SENSE OF HOW THE, UH, YOU WOULD HAVE THE OTHER, LIKE FIVE CARS.
UM, WELL, WE WERE THINKING ABOUT PUTTING THOSE VEHICLES, I'M SORRY, GO AHEAD.
WELL, UH, AGAIN, YOU, YOU HAVE, UH, THREE CARS IN THE GARAGE.
UM, IF ANY OF THOSE THREE CARS NEED TO EXIT TO THE STREET, UM, TO WHAT DEGREE WOULD THEY HAVE TO MANEUVER AROUND OTHER CARS IN ORDER TO DO THAT? WELL, WE CAN PICK UP, UH, UH, HOW WOULD YOU SAY, UH, THE VEHICLES ARE ROUGHLY ANYWHERE BETWEEN 18 TO 20 FEET IN LENGTH.
SO FROM THE, WHEN YOU PULL OUT THE GARAGE, I DON'T THINK THE OBSTACLE WILL AFFECT, UH, THE OTHER VEHICLES.
THE OTHER VEHICLES WILL BE CLOSER, CLOSER TO THE RETAINING WALL.
AND THOSE CARS THEN WOULD PARK ON THIS NEW EXPANSION OF THE DRIVEWAY? UH, YES.
IN PARTICULAR TO, UM, LET'S SEE, I GUESS PERPENDICULAR TO THE RETAINING WALL THAT YOU HAD, BUT DECK, UH, DIRECTLY ACROSS FROM THE GARAGE.
SO THAT WHEN THEY'RE PARKED THERE IN THAT MANNER, THE OTHER CARS THAT ARE IN THE GARAGE WOULD BE ABLE TO SAFELY PASS BY THERE, CORRECT? YES, SIR.
BUT THAT WAS WHAT I WAS TRYING TO GET A HANDLE ON IN MY MIND, UM, BY HOW ALL THESE CARS WERE GOING TO ACTUALLY, AND THE TRUCK WERE GOING TO BE MARKED, UM, IN THIS DRIVEWAY WHERE THIS EXPANSION WOULD ACTUALLY BE OF ANY BENEFIT.
SO YOU, YOU CLARIFIED THAT FOR ME.
HOW MANY, UM, SINCE, SINCE THIS, THIS, YOU KNOW, THE SIZE OF YOUR FAMILY, NORMALLY WHEN YOU HAVE A GATHERING, HOW MANY CARS WOULD YOU NORMALLY EXPECT THAT YOU HAVE TO SOMEHOW ACCOMMODATE PARKING? FOR? MY, MY PERSONAL, UH, IMMEDIATE FAMILY, WE HAVE, MY WIFE HAS A CAR.
MY DAUGHTER HAS A CAR, MY OTHER SON HAS A CAR.
SO WE END UP SHIPPING SOME CARS OUT OF NEW YORK, DOWN TO FLORIDA.
SO WE COULD HAVE THE EXTRA SPACE RIGHT NOW.
NOT TO, UH, NOT, NOT TO, UH, HOW WOULD YOU SAY, UM, OBSTRUCT ANY, ANY OBSTACLES IN THE DRIVEWAY? THAT WASN'T REALLY MY, I'M SORRY, FAMILY GATHERINGS.
I MEAN, WE UNDERSTAND THAT NORMALLY YOU, YOU HAVE, ACCORDING TO WHAT YOU'VE STATED, I THINK EIGHT OR NINE CARS, OR EIGHT OR NINE VEHICLES THAT I UNDERSTAND.
BUT YOU ALSO SAID THAT YOU WANTED, BECAUSE THERE'S NO PARKING ON THE STREET THAT YOU WANTED TO ACCOMMODATE FAMILY BECAUSE YOU HAVE A LARGE FAMILY.
HOW MANY ADDITIONAL CARS WOULD, I WOULD SAY ANOTHER, UH, ACCOMMODATE 10.
SO THAT MEANS YOUR SON COULD BRING SOME MORE CARS IN IF HE CHOSE TO
YOU NEVER KNOW HE'S GONNA HAVE A BABY SOON.
SO
RIGHT? A LITTLE PINK, UH, LITTLE PINK BULLDOZER.
UM, ONE OTHER QUESTION I HAVE IS THE, THE, YOUR PROPOSAL MENTIONS A TRUCK.
IS THAT A COMMERCIAL VEHICLE OR WHAT? NO,
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NO, NO, NO.THAT'S A TOYOTA, UH, TOYOTA PICKUP TRUCK.
WE JUST, WE JUST PURCHASED IT ABOUT, UH, THREE MONTHS AGO, THREE AND A HALF MONTHS AGO.
THAT'S A, THAT'S A, THAT'S A HUGE, I MEAN, IT'S KIND OF, IT'S BIGGER THAN A NORMAL CAR.
THAT'S ABOUT 21 FEET, I WOULD SAY LONG.
BUT YOU, YOU, IT'S, IT'S LIKE A REGULAR PICKUP TRUCK.
BUT YOU SPEAK, I UNDERSTAND IT'S A PICKUP, BUT YOU SPEAK IN TERMS OF BEING USED, IT BEING USED AS A BUSINESS.
SO IT SOUNDS COMMERCIAL TO ME.
BECAUSE HE, UH, HE MIGHT END UP LEAVING IN THE MIDDLE OF THE NIGHT, YOU KNOW, TO GO DO SERVICE CALLS.
I, UH, I OWN AN ELEVATOR COMPANY, SO IT'S, IT'S A 24 HOUR SERVICE, AND, UH, BOTH OF MY BOYS ARE INVOLVED IN THAT.
ANY OTHER QUESTIONS FROM ANY BOARD MEMBERS? I, I HAVE A QUESTION.
WHO LIVES IN THE HOUSE RIGHT NOW? NO ONE.
ACTUALLY, WE JUST GOT A TEMPORARY C OF O UH, YOU KNOW, WE JUST HAD A TEMPORARY ISSUED, UH, TUESDAY.
I'M GONNA GO TO THE SIDE CHECK.
AND YOU PLAN TO LIVE IN THE HOUSE WHEN YOU GET TO CO THAT'S CORRECT.
AND HOW ABOUT YOUR CHILDREN? ARE, ARE THEY GONNA, WE'RE ALL, WE'RE ALL GOING THERE.
AND CONGRATULATIONS OF YOU COMING TO GRANDPA.
UM, THAT'S THE BEST OF OF ALL.
I CAN ASSURE YOU THAT THAT'S WHAT EVERYONE SAYS.
IT DOESN'T GET BETTER THAN THAT.
MAY I ASK YOU A QUESTION? SURE.
WHY DOES YOUR SON HAVE, I MEAN, HE'S JUST INTERESTED IN CARS.
IS THAT WHY HE HAS THREE OF THEM? WELL, YOU KNOW WHAT, IT WAS WHEN THEY WERE, WHEN THEY WERE YOUNG, UH, I TRY TO PUT 'EM IN A BETTER PLACE IN LIFE.
UH, I FIGURE CARS WAS A GOOD THING.
SO IF THEY HAVE AN INTEREST IN CARS, I'M ALL FOR IT.
AND, UH, YOU NEED SOME KIND OF, UH, HOW WOULD YOU SAY IT? UM, YOU NEED SOMETHING TO LOOK FORWARD TO.
YOU KNOW, THERE'S TOO MANY PEOPLE THAT ARE, UH, SO CONFUSED LATELY.
THESE YOUNG KIDS, THEY DON'T KNOW WHERE THEY'RE COMING OR GOING, BUT YOU KNOW WHAT? THEY TURNED OUT TO BE GREAT KIDS.
AND THERE'S NOTHING IN THE WORLD I WOULDN'T GIVE FOR THEM, YOU KNOW? I HAVE NO DOUBT THAT GREAT KIDS, UM, UH, THEY USE, WHAT DOES HE USE THE THREE CARS FOR? I MEAN, WHEN DOES HE DECIDE WHICH CAR? CAR SHOWS? CAR SHOW? HE HAS A LAMBORGHINI CAR SHOWS.
HE HAS, UH, HE HAS A ONE OF A KIND B M W SITTING IN THAT GARAGE NOW.
UH, SO, YOU KNOW, IT, IT'S, IT'S, IT, IT'S SOMETHING.
WE'RE CAR GUYS, WE'RE NOT, YOU KNOW, KNOW THAT'S OUR HOBBY.
ANYONE IN THE AUDIENCE HAVE ANY COMMENTS ON THIS CASE? ALL RIGHT, MOVING ON THEN.
IS MR. SERRATA BACK OR SHOULD WE CONTINUE? MADAM CHAIR? YES.
YEAH, WE'RE STILL, STILL, UH, WORKING, SO I'LL, WE'LL GET BACK TO YOU PROBLEM.
MOVING, MOVING ALONG CASE 2112.
ROBERT MAYER, 38 BYWAY HARTSDALE.
AND WHO IS HERE TO ADDRESS THIS MATTER? HI, I AM MADAM CHAIR.
HI, HOW ARE YOU? UH, MY NAME IS TOM HAYNES.
AND TONIGHT I'M BEFORE YOU PRESENTING AN APPLICATION FOR MR. AND MRS. MAYOR, UH, LOCATED AT 39 BYWAY.
WE ARE PROPOSING AN APPLICATION TONIGHT TO CONVERT AN EXISTING CARPORT INTO AN ENCLOSED GARAGE.
UH, WE WOULD DO SO BY ADDING, UH, GARAGE DOORS TO THE FRONT FACE OF THE EXISTING OPENING, AND ON A SECTION OF THE EXISTING RIGHT HAND SIDE OF THE HOUSE, WHICH I'LL GET TO SOME PHOTOS MOMENTARILY.
UH, WE WOULD PROPOSE TO CLOSE OFF AN, AN OPENING ON THE RIGHT HAND SIDE AS WELL AND PROPOSE WINDOWS IN THE LOCATION.
SO, UH, CURRENTLY THE EXISTING DWELLING IS, UH, IT EXISTS AT 2,929 SQUARE FEET.
UH, THE PERMITTED IN THIS ZONE WOULD BE 2,967 SQUARE FEET.
SO WE'RE, WE'RE JUST UNDER THE PERMISSIBLE.
NOW, THE MAXIMUM PERMITTED, UH, WE WILL BE PROPOSING A TOTAL OF 3,400,
[00:35:01]
UH, 3342.5 SQUARE FEET, WHICH ADDS 375.5 SQUARE FEET, WHICH IS, AGAIN, THAT AREA OF THE EXISTING CARPORT, UH, THAT WE'RE PROPOSING TO BECOME A GARAGE.THAT IN TURN, WOULD BECOME A 12.6%, UH, INCREASE OF WHAT'S PERMITTED.
UM, IF I MAY, I COULD, I WOULD SHARE MY SCREEN IF I'M PERMITTED, AND I COULD JUST QUICKLY, QUICKLY RUN THROUGH YOU, UH, THE, THE PRESENTATION FOR THE PROPOSED.
SO, UM, IN FRONT OF YOU NOW, IF YOU CAN SEE MY SHARED SCREEN, THAT THIS IS A PHOTOGRAPH OF THE EXISTING DWELLING, UH, LOCATED AT THE FRONT.
UH, AS YOU CAN SEE TOWARDS THE RIGHT HAND SIDE HERE, IF YOU SEE MY CURSOR MOVING, THAT IS THE AREA OF THE EXISTING CARPORT.
UM, AND AGAIN, WE WOULD PROPOSE TO ENCLOSE THIS FRONT AREA WITH THE GARAGE DOOR.
AND AS YOU COULD SEE HERE, TO THE RIGHT OF THE VEHICLE INSIDE, THERE'S AN OPENING THERE.
SO THAT WOULD JUST BECOME AN EXTERIOR WALL WITH SOME WINDOWS.
UM, I'M JUST WORKING MY RIGHT WAY AROUND THE EXISTING HOUSE IN CASE ANYBODY DIDN'T GET A CHANCE TO PASS BY AND GET A FEEL FOR THE EXISTING HOUSE AND THE NEIGHBORING PROPERTIES.
UH, THIS IS THE, A LEFT, UH, SIDE VIEW.
THE HOUSE IS SITUATED ON A CORNER.
THIS PHOTO IS A PHOTOGRAPH OF THE REAR OF THE EXISTING HOUSE, AND THIS IS THE SHOWING THE RIGHT HAND SIDE.
SO THIS OPENING HERE IS WHAT I WAS REFERRING TO BEFORE, UH, WHERE THIS THEN IF PERMITTED, WE WOULD CLOSE THIS OPENING.
THE TRIM WOULD BE REMOVED, UH, WINDOWS WOULD BE INSTALLED BACK IN THIS LOCATION HERE TO PROVIDE A LITTLE LIGHT TO THE GARAGE, BUT TO ALSO, UH, HAVE A LITTLE BIT OF CURB PEEL FROM THE FRONT RIGHT SIDE ON THE STREET.
AND THIS TRIM WOULD BE REMOVED AND THE SIDING WOULD BE INFILLED TO MATCH EXISTING.
SO CURRENTLY THIS, THIS IS A, A, AN ENLARGEMENT OF THE EXISTING CARPORT AREA.
UM, YOU KNOW, ONE OF, ONE OF THE THOUGHTS, I, I THINK ON BEHALF OF THE OWNER AND SPEAKING ON THEIR BEHALF, OF COURSE, BUT YOU KNOW, WHEN THEY, THEY OPTED TO GO FOR THE CARPORT HERE, I THINK THAT THERE WAS A FEW THINGS THAT MAY HAVE NOT BEEN REALLY CONSIDERED AT THE TIME.
UM, AND, AND, AND IT REALLY FALLS DOWN TO, AGAIN, CURB APPEAL, BUT ALSO PRIVACY AND SECURITY OF, OF STORING ITEMS AND THINGS.
AS YOU CAN SEE HERE, UM, THE MAYORS HAVE A, A, UH, A RACK HERE ON THE WALL WHERE THEY'RE STORING SOME YARD EQUIPMENT AND, AND SUCH.
UM, AS YOU CAN SEE IN THE BACK, THEY HAVE SOME EQUIPMENTS, UH, BIN HERE, AND THEY'RE TRASH RECEPTACLES AS WELL, WHICH MOST PEOPLE WOULD LEAVE THEM IN THE GARAGE IF GIVEN THE OPPORTUNITY.
UM, SO WITH THAT SAID, YOU KNOW, THEY HAD, AFTER REDOING THEIR HOUSE HERE, AS YOU COULD SEE, THEY DID A BEAUTIFUL JOB WITH THE FINISHES.
UM, THEY HAVE HAD A NUMBER OF COMPLAINTS BY, UM, NEIGHBORS THAT WERE WALKING IN THE NEIGHBORHOOD, SO THE MAYORS WOULD BE OUT.
I, AGAIN, I WASN'T PRESENT FOR THESE, BUT THE NEIGHBORS HAD TOLD ME THAT ON NUMEROUS OCCASIONS THEY WOULD BE OUTSIDE IN THEIR DRIVEWAY.
UM, THE NEIGHBORS, YOU KNOW, PASSING BY WALKING DOGS AND SUCH WOULD COMPLIMENT THEM ON THE JOB THAT THEY DID FOR THE FINISHES ON THE HOUSE.
HOWEVER, THEY ALL HAD A COMMON COMPLAINT WITH WHAT WAS DONE, AND THAT'S THE FACT THAT IT'S A BIT OF AN EYESORE THAT THEY'RE WALKING BY AND YOU CAN SEE ALL OF THESE STORE ITEMS IN THE CARPORT AREA.
SO, UM, WITH THAT SAID, US PROPOSING, UH, AN ACTUAL GARAGE, WHICH, UM, AS FAR AS WHAT THAT EFFECT WOULD HAVE ON THE NEIGHBORHOOD, ESSENTIALLY AT THIS POINT, IN MY OPINION, WOULD BE REALLY NO EFFECT ON IT, ASIDE FROM A POSITIVE ONE.
UM, BECAUSE AGAIN, THE AESTHETICS WOULD, WOULD BE INTACT AND THE OWNER WOULD HAVE, UM, A LITTLE BIT MORE PRIVACY IN AN AREA TO STORE SOME ITEMS SUCH AS THEY EVEN, AS YOU COULD SEE, THEY DON'T EVEN HAVE BICYCLES STORED IN HERE ON A REGULAR BASIS BECAUSE OF POTENTIAL THEFT AND WHAT HAVE YOU.
SO, UM, THE OWNERS DO HAVE TWO YOUNGER CHILDREN, 15 AND 17.
SO, UM, YOU KNOW, THEY DO HAVE SPORTS EQUIPMENT AND THINGS THAT, YOU KNOW, THEY WOULD LIKE TO KEEP IN THESE AREAS, UM, ADJACENT THAT THE NEIGHBORS AREN'T LOOKING AT OR COULD POTENTIALLY, YOU KNOW, SOMEBODY COULD POTENTIALLY STEAL.
UM, BUT, YOU KNOW, AS AS MENTIONED, YOU KNOW, IT, IT DOESN'T CHANGE THE BULK.
UM, WITH REGARDS TO THE NEIGHBORHOOD OR THE APPEARANCE, UM, THE VOLUME IS THERE.
UM, AGAIN, IT'S JUST SIMPLY ENOUGH ADDING A GARAGE DOOR AND ENCLOSING THE RIGHT HAND SIDE WALL.
UM, AND I THINK THAT, YOU KNOW, BY PROPOSING SUCH, UH, THAT IT WOULD BE AN IMPROVEMENT TO NOT ONLY THE CURB APPEAL, UH, IT WOULD BENEFIT THE APPLICANT BY HAVING A LITTLE BIT MORE STORAGE AREA AND SOME, SOME PRIVACY.
AND I THINK THAT ALL OF THE NEIGHBORS WOULD PROBABLY BE IN FAVOR OF THIS, THAT WERE IN THAT IMMEDIATE AREA.
UM, AS TO THE FACT THAT WHEN THEY'RE DRIVING UP THE STREET OR WALKING UP THE STREET, THEY DON'T NEED TO LOOK INTO THEIR GARAGE AT THEIR ITEMS THAT WOULD NORMALLY BE IN AN ENCLOSED AREA.
SO WITH THAT SAID, I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.
[00:40:01]
UM, HOW LONG HAVE, UH, THEY RESIDED IN THIS HOUSE? I BELIEVE SINCE 2018, I BELIEVE WE DID FILE AN APPLICATION.IT MIGHT BE SLIGHTLY AFTER, MAYBE IT WAS IN TWO, UH, 2 20 19 POTENTIALLY.
UM, I'M NOT EXACTLY SURE WHEN THEY DID MOVE IN, BUT I KNOW THAT WE DID FILE AN APPLICATION IN 2008.
UH, JUST FOR THE RECORD THEN, CAN YOU SAY HOW MANY OTHER HOMES IN THE NE IN THE NEIGHBORHOOD HAVE GARAGES VERSUS CARPORTS? I, I WOULD IMAGINE MOST OF THEM, UH, MOSTLY ALL OF THEM, I WOULD IMAGINE.
UM, I HAVE DRIVEN THE NEIGHBORHOOD.
I, I KNOW THAT THERE'S ONE, UH, OTHER CARPORT IN THE HOUSE.
UM, BUT I BELIEVE THAT THAT'S SEVERAL BLOCKS OVER.
UM, AT LEAST THAT'S ALL I'M AWARE OF.
BUT UNFORTUNATELY I DON'T LIVE IN THE NEIGHBORHOOD AND I DON'T WALK THE NEIGHBORHOOD TO REALLY SEE, BUT WHEN I HAVE VISITED THE NEIGHBORHOOD, IT APPEARS THAT ALMOST EVERYBODY HAD A, A GARAGE.
'CAUSE I'M JUST WONDERING, THE HOUSE LOOKS LIKE IT WAS MEANT TO HAVE A GARAGE.
IT WAS, I'M TRYING TO FIGURE OUT WHY A GARAGE SET OF GARAGE DOORS ON THE SIDE OF THE HOUSE WEREN'T ORIGINALLY BUILT THAT WAY.
'CAUSE IT LOOKS LIKE A RELATIVELY NEW, NEWLY CONSTRUCTED HOME.
SO IT WAS, IT WAS A PROPOSED ALTERATION TO THE HOUSE, UH, WE HAD AT THE TIME.
UH, SO JUST, JUST TO BE UPFRONT, I WAS THE ARCHITECT OF RECORD ON THE ORIGINAL, UH, ALTERATION FOR THIS HOUSE, RIGHT? SO THERE WAS AN EXPANSION WHEN, WHEN THE MAYORS HAD PURCHASED THE HOME, WE AT THAT TIME HAD ADDED 422 SQUARE FEET.
UM, THEY FELT THAT THEY COULD USE THE ADDITIONAL AREA AT THE TIME.
SO AT THE TIME, A DECISION WAS MADE TO, TO ACTUALLY GO WITH THE CARPORT AT THAT TIME.
THE REASON IS, IS BECAUSE OF IF THEY PROPOSED THE 422 SQUARE FEET AT THAT TIME, UM, AND HAD AN ENCLOSED GARAGE, THAT THAT WOULD'VE KICKED OVER THE REQUIREMENT ON THE F A R.
SO THEY WOULD NOT HAVE BEEN PERMITTED TO DO THEIR MASTER BEDROOM THAT THEY WOUND UP PROPOSING ON THE, YOU KNOW, SORT OF THE FRONT LEFT HAND SIDE, UH, WHEN YOU'RE LOOKING AT IT FROM THE FRONT.
SO IT WAS ONE OR THE OTHER, UM, AN EXPAND WITH MASTER BEDROOM OR A GARAGE.
AND, AND, AND AGAIN, I AM SPEAKING UP, UH, YOU KNOW, FOR THEM, UH, BUT YOU KNOW, IT WAS DISCUSSED AND I KNOW THAT AT THE TIME IT, SOME OF THESE THINGS I, I DON'T BELIEVE THEY EXPECTED, UM, YOU KNOW, REALLY THE AMOUNT OF STORAGE AND THINGS THAT THEY COULDN'T REALLY, YOU KNOW, IF YOU'VE, IF YOU'VE EVER BEEN LUCKY ENOUGH TO HAVE A GARAGE, YOU KNOW, THAT'S KIND OF BECOMES, I DON'T WANNA SAY EVERYBODY'S THE SAME CASE, BUT MANY TIMES IT MIGHT BECOME A DUMPING GROUND, SO TO SPEAK, WHERE PEOPLE STORE SOMETIMES THEY DON'T PARK THE VEHICLE IN THERE.
UM, AND I THINK THAT, UM, YOU KNOW, I THINK ONE OF THE THINGS THAT MAY HAVE BEEN AN OVERSIGHT WAS REALLY THE FUNCTIONALITY OF IT.
YOU KNOW, WHERE DO YOU, WHERE DO YOU PUT THESE THINGS? WHERE DO YOU PUT A BICYCLE? SURE, THEY CAN HANG THEM AND THEY CAN HAVE THAT OUT, BUT HOW DO YOU REALLY SECURE SOMETHING LIKE THAT IN AN AREA THAT YOU REALLY NEED FOR, AS YOU COULD SEE IN THE PHOTO HERE, THE GARDEN TOOLS AND THINGS, YOU KNOW, WHERE ARE THEY GONNA GO? SO, UM, YOU KNOW, THAT'S ESSENTIALLY THE PREDICAMENT THAT WE'RE IN HERE.
UM, YOU KNOW, THE ONE THING THAT I WOULD LIKE TO COMMEND MY CLIENTS ON, WHICH, AND I THINK THAT, YOU KNOW, THE BOARD CAN APPRECIATE THIS BECAUSE I KNOW WHAT YOU GUYS GO THROUGH AND I GO THROUGH IT MYSELF, IS THAT, YOU KNOW, HE VERY WELL COULD HAVE PROPOSED THESE AND ACTUALLY INSTALLED THESE THINGS, YOU KNOW, MADE THAT A GARAGE AFTER THE FACT, AND THEN BE BEGGING FOR FORGIVENESS AT THAT POINT, UM, YOU KNOW, TO FIX THAT FOR WHAT IT'S WORTH.
BUT, UH, YOU KNOW, I AT LEAST APPRECIATE THE FACT THAT HE IS UPFRONT WITH YOU, AL EITHER HE DIDN'T WANT TO TAKE A ROUTE THAT WAS, YOU KNOW, UM, YOU KNOW, SORT OF A SNEAKY ROUTE SO TO SPEAK AND DO IT, AND THEN BEG FOR FRICKING MISS AFTERWARDS.
BUT, UM, AGAIN, I THINK THAT, YOU KNOW, WITH THAT SAID, UM, YOU KNOW, THE, THE REASONS THAT I HAD MENTIONED, I THINK THAT REALLY NOT, NOT ONLY BENEFIT THE OWNER, BUT I THINK THAT THEY WOULD BENEFIT THE NEIGHBORHOOD AS WELL, UM, IS SORT OF GET RID OF THIS UNSIGHTLINESS AND I THINK THAT EVERYONE COULD BENEFIT FROM IT.
ANY OTHER QUESTIONS? UH, I'D LIKE TO ASK, UH, WELL, I, MR. HAYNES, I HAVE NO DOUBT THAT YOUR CLIENT IS CONVEYING TO YOU, UH, THE OPINIONS OF THE NEIGHBORS THAT WALK BY WALKING THEIR DOG AND OTHER REASONS THEY'D BE WALKING BY ALL OF WHO YOU SUGGEST, UH, ALL OF WHOM THINK THIS CHANGE WOULD BE ACCEPTABLE TO THEM.
I JUST WONDER WHAT DID YOU EVER THINK ABOUT GETTING THE, YOU KNOW, IT'S A, IT'S A PRETTY TIGHT STREET, A LETTER FROM A NEIGHBOR, YOU KNOW, SAYING, YOU KNOW, WE'RE, WE, WE THINK THIS IS A GOOD CHANGE OR SOMETHING TO THAT EFFECT? I, NOT THAT I'M AWARE OF.
UM, I, WE WOULD HAVE TO DEFER BACK TO MR. AND MRS. MAYOR.
I DON'T BELIEVE THAT THEY'RE ON THE CALL THIS NIGHT, UH, THIS EVENING.
I CAN'T SEE HERE ON THE LIST OF, UM, OF PEOPLE PRESENT.
UM, IF THEY ARE, THEY CAN CHIME IN, BUT I, I DON'T, TO MY UNDERSTANDING, I DON'T BELIEVE THAT WE HAVE ANY LETTER.
UM, BUT TO MY UNDERSTANDING ALSO, I DON'T, I DON'T
[00:45:01]
KNOW THAT THERE WAS ANY OPPOSITION FOR, I I I, I THINK IF THERE WAS OPPOSITION, WE WOULD KNOW IT.UM, BUT, UH, IT WOULD BE HELPFUL TO HAVE A POSITIVE STATEMENT.
I'M SPEAKING FOR MYSELF, OF COURSE.
UM, ARE THERE OTHER HOUSES IN THE AREA, PARTICULARLY ON THE STREET OR OR NEAR THIS HOME THAT, UM, AS FAR AS THE F A R IS CONCERNED, COME CLOSE TO IT OR COMPARABLE ON, ON THE, UH, IN THIS IMMEDIATE VICINITY? NOW, TO MY UNDERSTANDING, I'M NOT SORRY.
IS THAT, WAS THAT CAROL? OH, I'M SORRY.
UM, I'M NOT AWARE THAT THERE IS IN THE, IN THE IMMEDIATE VICINITY AS MENTIONED.
I KNOW THAT THERE IS ONE ON, UM, SEVERAL BLOCKS OVER.
I DON'T EXACTLY KNOW THE, THE, HOW THAT'S SITUATED WITH REGARDS TO THIS PROPERTY, BUT I KNOW THAT THERE'S ONE ON, UM, WHICH I HAD WORKED ON IN THE PAST ON, UM, WESTWAY, WESTWAY.
UM, I DON'T KNOW HOW CLOSE WE ARE TO THE, TO THE MAXIMUM ON THAT.
I DON'T HAVE THE THAT INFORMATION IN FRONT OF ME NOW, BUT TO MY UNDERSTANDING THAT PROPERTY DOESN'T HAVE ANY, UM, ANY
WHEN, WHEN WAS THE WORK DONE, UH, THAT YOU, YOU MENTIONED PREVIOUSLY WHERE THEY ON EXPANDED THE, UH, MASTER BEDROOM ON THIS? SO WE, I'M JUST LOOKING THROUGH MY RECORDS.
WE HAD FILED AN APPLICATION, I THINK IT WAS EITHER LATE 17 OR, OR IT WAS ALL OF MY RECORDS POINT TO 18, UM, THAT THAT WAS SUBMITTED.
SO OBVIOUSLY IT WOULD'VE GONE THROUGH A REVIEW PROCESS THERE AND THEN CONSTRUCTION PROCESS.
UM, SO AS I MENTIONED, UM, I DON'T KNOW EXACTLY WHEN THEY ACTUALLY MOVED IN, BUT, UM, MY APPLICATION SHOWED THAT WE WERE SUBMITTED, I THINK IN 18.
YOUR, THE, THE FALSE ALTERATION SHOW A SHED, THE EXISTING SHED, THE WAY IT STATES IN THE BACKYARD.
IS THAT STILL THERE? I DON'T KNOW, ACTUALLY.
UM, I, LET ME SEE IF, IF THE PHOTOS, UH, INDICATE THAT I DON'T, I DON'T KNOW.
I, I TOOK, HOLD ON, LEMME CHECK THE OTHER PHOTOS.
THAT'S IN A, THAT'S IN A DIFFERENT SPOT THAN WHAT'S ON THE PLAN THOUGH.
YEAH, I, I, I DIDN'T SEE THAT IN THE PHOTOGRAPH AND I ALSO DID, I'M NOT AWARE OF THAT TO BE HONEST.
I MEAN, I'M JUST SAYING THAT ONE OF YOUR REASONS THAT YOU USED WAS WHERE YOU STORE THINGS.
QUITE FRANKLY, NORMAL, NORMALLY PEOPLE WHO DON'T HAVE EITHER BASEMENTS THAT THEY HAVE EASY ACCESS TO OR, UM, GARAGES DO HAVE, YOU KNOW, SHEDS AND IT APPEARS THAT THERE IS A SOLUTION FOR AT LEAST, UH, STORAGE.
SO, SO THAT'S WHY I BROUGHT IT UP AGAIN.
I, YEAH, I, I WISH THEY WERE ON, BECAUSE I CAN'T SPEAK TO THAT, TO BE HONEST.
LIKE I SAID, I MENTIONED, I DIDN'T REALIZE THAT THERE WAS A SHED.
I DIDN'T SEE THAT IN THE PHOTO.
'CAUSE I WAS REALLY JUST LOOKING AT THE CARPORT.
BUT THE, THE, THESE ARE ACTUALLY THE FACTS THAT WERE EXPRESSED TO ME.
BUT AS YOU CAN SEE FROM, FROM THAT OTHER PHOTOGRAPH THAT THERE IS, YOU KNOW, THERE ARE THINGS IN THERE.
SO MY ONLY, SEE, YOU CAN SEE IT IN THIS PHOTO TOO.
MY ONLY GUESS IS THAT THEY MUST BE AT CAPACITY FOR, YOU KNOW, FOR LEAVING THESE THINGS OUT AND AVAILABLE.
WELL, THEY ALWAYS FIND EMPTY SPACE.
IT, IT, IT'S, IT'S, IT'S POSSIBLE.
I CAN'T SPEAK TO THE, I CAN'T SPEAK TO THE SHADOW.
I, I, LIKE I SAID, I WISH THEY WERE ON, BUT I, I DON'T THINK THAT THEY WERE ABLE TO MAKE A DECISION.
ANY OTHER COMMENTS FROM, UH, THE BOARD AT THIS POINT? I HAVE JUST ONE QUICK QUESTION.
JUST IN TERMS OF THE, UM, UH, THE FLOOR AREA, THE CALCULATION MM-HMM.
SO EVERY MUNICIPALITY HAS A DIFFERENT F A R REQUIREMENT.
SOME MUNICIPALITIES INCLUDE THE ENTIRE BASEMENT AREA, EVEN IF IT'S MOSTLY BELOW GROUND, ALMOST LIKE A CELLAR.
OTHER MUNICIPALITIES, YOU KNOW, HAVE DIFFERENT REQUIREMENTS.
SO IN GREENBURG, THE REQUIREMENT IS, IS THAT IF YOU HAVE A GARAGE THAT'S ON GRADE LEVEL, IT'S, IT'S ACTUALLY A, 'CAUSE I THINK THERE'S A MATHEMATICAL EQUATION ABOUT HOW, HOW FAR BELOW THE FIRST FLOOR IT CAN BE, WHERE IT'S EXCLUDED.
UM, LIKE IF IT WAS IN YOUR BASEMENT, IN GREENBURG, I BELIEVE THAT, I SEE ANTHONY CHIMING IN YOU, RIGHT? ARE YOU GONNA SPEAK UP, ANTHONY? HOW
[00:50:01]
YOU DOING? GOOD.IF THE BASEMENT, IF THE BASEMENT IS MORE THAN SIX FEET EXPOSED, THEN THAT WHOLE LEVEL COUNTS.
THAT WHOLE LEVEL COUNTS AS A STORY, AND IT COUNTS IN THE F A R.
SO FOR THE GARAGE, NOT TO COUNT IN THE F A R, IT WOULD HAVE TO BE IN A BASEMENT LEVEL.
UNDERGRADE WE NOT MORE THAN SIX FEET EXPOSED FROM AVERAGE GRADE TO THE FIRST FLOOR ELEVATION.
SO THE FACT THAT IT'S OPEN, IT'S EXEMPT FROM THE F A R COVERAGE THE SAME WAY A PORCH BALCONY OR ANY, YOU KNOW, ROOF STRUCTURE UP ABOVE WOULD BE MM-HMM.
SO IF, IF FOR WHATEVER REASON THE GARAGE, YOU KNOW, THE GARAGE WAS BELOW GROUND ON THE RIGHT SIDE AND OR IN THE REAR, UM, THEN THE HOUSE COULD BECOME MUCH LARGER IN THEORY, RIGHT? BECAUSE YOU'RE DEDUCT YOU, YOU DON'T INCORPORATE THAT AREA OF THE GARAGE BECAUSE IT'S BELOW.
SO THAT'S WHAT WE'RE, YOU KNOW, WE'RE FACING HERE, IS THAT THIS GARAGE IS ATTACHED AT THE FIRST FLOOR, ESSENTIALLY.
SO WE HAVE TO PROVE THAT AREA AS F A R.
BUT AS AS MENTIONED, THE BULK OR THE VOLUME IS NOT CHANGING.
THE ONLY THING THAT'S CHANGING TO ANYBODY IS THAT THERE'S A DOOR GOING ON INSTEAD OF AN OPENING.
IN THEORY, I KNOW BECAUSE OF, WE HAVE A CODE FOR A REASON.
I, I, YOU KNOW, I COMPLETELY UNDERSTAND THAT, AND WE'RE LOOKING AT PERCENTAGES AND SUCH, BUT AESTHETICALLY AND VOLUMETRICALLY, NOTHING IS CHANGING.
IT'S JUST THAT IT WOULD BE COMING.
ANY OTHER QUESTIONS? ANY, ANY ANYONE IN THE AUDIENCE THAT WANTS TO COMMENT ON THIS CASE OR ADDRESS IT? YES, GO AHEAD.
UH, I NOTICED ON THE RIGHT SIDE THE OPENING, UM, YOU WANNA PUT A WINDOW IN THERE, BUT LOOKING AT THAT PICTURE ON THE LEFT SIDE IS A DOOR TO THE HOUSE, WHICH, UH, AS A GRANDFATHER AND I HAD A GRANDCHILD THERE, IT WOULD BE, I EXPECTED FOR HIM TO GO INTO THE GARAGE.
BUT INSTEAD OF CLOSING THAT OPENING ON THE RIGHT SIDE WITH A WINDOW, UH, YOU COULD PUT A DOOR IN THERE SO THAT A CHILD COULD EASILY GET OUT OF THERE, UH, WITHOUT HAVING TO OPEN THE GARAGE DOOR, BECAUSE THE, UH, OPERATING MECHANISM IS PROBABLY OVER A SMALL CHILD SET ANYHOW.
I THINK THAT'S A SAFE, THAT'S A SAFETY FEATURE THAT I AS A GRANDFATHER CONSIDER MY GRANDCHILDREN.
IT'S, IT'S NOT A BAD SUGGESTION AT ALL.
UM, YOU KNOW, OFTEN YOU'RE IN AND OUT OF THE, THE GARAGE, ESPECIALLY IF HE'S HAVING STORAGE AND THE TOOLS AND THINGS.
I, I MEAN, I WOULD CERTAINLY ENTERTAIN THAT WITH THEM.
I DON'T KNOW THAT HE IS SET IN STONE FOR, FOR PUTTING, YOU KNOW, PER SE WINDOWS IN THAT EXACT LOCATION.
BUT, UM, AGAIN, IT'S REALLY FOR THAT CURB APPEAL ON THE SIDE.
YOU DON'T WANT THAT LONG, EXPANSIVE WALL WITH NO WINDOWS OR DOOR.
SO, UM, POINT WELL TAKEN AND, AND THAT, YOU KNOW, IF WE ARE FAVORABLE IN THIS, UH, I WOULD ABSOLUTELY SPEAK WITH HIM, AND I'M SURE HE WOULD BE ON BOARD FOR THAT.
ANY OTHER QUESTIONS? MR. BOWDEN HAS A QUESTION OR A COMMENT? OH, OKAY.
YOUR HA I'M GONNA LOWER YOUR HAND THEN FROM LAST TIME.
UH, I DON'T BELIEVE THEY'RE OKAY.
LET'S MOVE ON THEN TO CASE 2113 G P H TAXTER 5 5 5 5 6 5 FAXER ROAD, AND WHO IS HERE TO ADDRESS THAT CASE? GOOD EVENING, MADAM CHAIR, MEMBERS OF THE BOARD.
I'M A PRINCIPAL WITH KEL SESSIONS CONSULTING.
WE'RE REPRESENTING, UH, G H P TAXTER, UH, I BELIEVE WITH ME TONIGHT IS MICHAEL SINACOLA FROM G H P, UH, REPRESENTING THE OWNER.
AND WE'RE BEFORE YOU TONIGHT TO REQUEST A FRONT YARD AREA VARIANCE FOR THE INSTALLATION OF A, UH, A HEATED ENCLOSURE TO HOUSE A AN R P Z DEVICE, A REDUCED PRESSURE ZONE DEVICE, WHICH IS REQUIRED FOR THE EXISTING WATER SERVICES THAT, UM, THAT SERVE THE PROPERTY.
UH, IF I COULD SHARE MY SCREEN, I WILL PULL THE PLAN UP AND WALK YOU THROUGH WHAT WE'RE LOOKING TO DO.
SO, UM, THIS IS 5 55 AND 5 65 TAXTER, UH, EXISTING OFFICE AND MEDICAL OFFICE SPACE IN THE BUILDINGS, UH, DUE TO SOME, UM, CODE REQUIREMENTS AND UPGRADES.
THE EXISTING WATER SYSTEM THAT SERVES THE PROPERTY, UH, IT'S REQUIRED TO INSTALL THIS R P Z DEVICE.
UH, IT'S AN ABOVE GRADE, UH, I GUESS UTILITY, UH, PROVIDES BACKFLOW
[00:55:01]
PREVENTION OR PROTECTION TO THE PUBLIC MAIN AND PUBLIC WATER SOURCE.AND BECAUSE THE PROPERTY AND IT'S ALL EXISTING CONDITIONS, EXISTING SERVICES AND FACILITIES, WE'RE LIMITED IN WHERE WE CAN INSTALL THIS DEVICE.
SO, AS YOU CAN SEE HERE, THE, UM, THE MANHOLE COVERS AND THE, THE PITS AND THE, THE VAULTS THAT YOU SEE HERE ARE THE UNDERGROUND METERING AND VALVE ASSEMBLIES FOR THE EXISTING WATER SERVICE.
THAT'S THIS LINE HERE THAT SERVES, UH, FIRE AND DOMESTIC WATER TOO, THE BUILDING, AND THEN IT SPLITS HERE.
THIS LINE GOES TO THE BUILDING AT 5 55, AND THEN IT SPLITS TO THE RIGHT AND HEADS THIS WAY TO SERVE THE BUILDING AT 5 65.
SO WE, WE NEED TO INSTALL THIS R P Z DEVICE ON THE, THE MAIN LINE GOING INTO THE PROPERTY AFTER THE METER UNIT.
UH, SO AS YOU CAN SEE, WE PROPOSE CONNECTIONS ON THE EXISTING SERVICE IN THE PARKING LOT, AND WE, WE NEED TO ROUTE THAT, UH, AWAY FROM THE LOT.
AND WE'RE PROPOSING THE STRUCTURE HERE OUTSIDE OF THE STEEP SLOPE AREAS.
UM, THE 50 FOOT SETBACK, AS YOU CAN SEE, IS THIS LINE HERE, WHICH IS COINCIDENT WITH THE CURB OF THE EXISTING PARKING LOT.
WE, UH, AS SHOWN, WE'RE REQUESTING A THIR, UH, FRONT YARD VARIANCE TO REDUCE THE REQUIRED FRONT YARD FROM 50 FEET TO 13.8 FEET.
THE UNIT ITSELF WOULD ACTUALLY BE SET BACK APPROXIMATELY 22 AND A HALF FEET FROM THE EDGE OF THE ROAD.
SO, YOU KNOW, ALTHOUGH IT'S A FAIRLY SIGNIFICANT VARIANCE WE'RE SEEKING, UH, FROM A VISUAL STANDPOINT, UH, IT'LL BE ALMOST 23 FEET FROM THE EDGE OF THE ROAD.
UH, IT IS 13.8 FROM THE PROPERTY LINE.
UH, BUT AGAIN, WE ARE LIMITED INTO WHERE WE CAN INSTALL THIS STRUCTURE, AND, AND IT DOES NEED TO BE INSTALLED AT GRADE OR ABOVE GRADE, UH, WHICH IS WHY WE NEED THE, THE HEATED ENCLOSURE.
THE ENCLOSURE ITSELF IS ABOUT SEVEN AND A HALF FEET WIDE, SEVEN AND A HALF FEET HIGH, AND APPROXIMATELY 14 FEET LONG.
SO ROUGHLY THE SIZE OF A, YOU KNOW, AN SS U V, UM, IF YOU COULD PICTURE THAT PARKED ON THE SIDE OF THE ROAD, UH, WE, WE WILL HAVE SOME STEEL BOLLARDS AROUND THE THREE SIDES OF THE UNIT TO PROVIDE SOME PROTECTION FOR THE STRUCTURE ITSELF.
UH, IT IS GOING TO BE INSTALLED BEHIND AN EXISTING UTILITY POLE.
UH, AND AS I SAID EARLIER, THESE ARE THE EXISTING FACILITIES AND, AND UNDERGROUND CONNECTIONS THAT WE NEED TO WORK WITH.
UH, THERE'S NO TREES BEING PROPOSED, UH, PROPOSED TO BE REMOVED, RATHER FOR THIS WORK, UH, NO STEEP SLOPE DISTURBANCE, WITH THE EXCEPTION OF APPROXIMATELY 200 AND JUST UNDER 250 SQUARE FEET TO INSTALL OR EXCAVATE THIS TRENCH TO INSTALL THE SERVICE CONNECTIONS.
THAT WOULD OBVIOUSLY BE BACKFILLED AND RESTORED IN KIND WITH, UH, TOPSOIL AND SEED, UH, NO WETLAND, WETLAND BUFFER IMPACTS.
UH, AND, AND AS I SAID, WE'RE, WE'RE, UNFORTUNATELY, WE'RE LIMITED ON WHERE WE CAN PUT THIS.
YOU KNOW, IT HAS TO BE INSTALLED SOMEWHERE BETWEEN THIS METERING ASSEMBLY AND THE CONNECTION WHERE IT SPLITS TO THE, TO THE TWO BUILDINGS.
AND, YOU KNOW, AS SHOWN, UH, THIS IS ALL OPERATING PARKING LOT, SO WE, WE CAN'T INSTALL IT IN HERE.
THIS IS REALLY OUR ONLY VIABLE ALTERNATIVE, UH, FOR THE INSTALLATION OF THAT UNIT.
I DO HAVE, UM, AN AREA I COULD PULL OFF IF YOU'D LIKE TO SEE A STREET VIEW.
THE AREA WE'RE PROPOSING, THE INSTALLATION OF THE R P Z IS APPROXIMATELY THIS LOCATION.
I'LL JUST GO TO STREET VIEW AND I COULD SHOW YOU THE, UH, SO IF YOU COULD SEE HERE, THESE ARE MANHOLE COVERS FOR THE EXISTING METER VAULT PIT, WHICH IS IN THIS LOCATION HERE.
SO YOU'VE GOT THE MANHOLE COVERS, THE, THE PITS FOR THE METER AND THE LOCATION OF THE R P Z, UM, HEATED ENCLOSURE WOULD BE APPROXIMATELY IN THIS LOCATION.
SO SETBACK, YOU KNOW, AGAIN, ALMOST 23 FEET FROM THE EDGE OF THE ROAD, UM, IN A, IN AN AREA, UH, THAT'S CURRENTLY JUST LAWN.
AND THEN THE SERVICE TRENCH WOULD EXTEND THROUGH THIS, UH, HILLSIDE ACROSS THE PARKING LOT, UH, AND TIE INTO THE EXISTING MAIN, WHICH IS IN THIS GENERAL LOCATION.
IF YOU HAVE ANY BOARD HAS ANY QUESTIONS, I'D BE HAPPY TO TRY AND ANSWER THEM.
YOU'D BE ABLE TO DO ANY TYPE OF SCREENING, UH, FOR THE, UM, I FORGET WHAT YOU CALL IT NOW.
YEAH, IT'S FOR THE INSTALLATION.
I'LL SAY IT'S A, IT'S A HEATED ENCLOSURE.
IT'S, IT'S COMMONLY REFERRED TO AS A HOT BOX.
AND, UH, YEAH, WE COULD CERTAINLY, I COULD TALK TO THE OWNER.
I DON'T SEE THEY WOULD HAVE ANY OPPOSITION TO DOING SOME PLANTINGS.
WE'RE A LITTLE BIT LIMITED IN WHAT WE CAN DO.
[01:00:01]
WE WON'T BE ABLE TO DO ANYTHING SIGNIFICANT FROM A, YOU KNOW, A TREE OR EVERGREEN SHRUB.I UNDERSTAND THAT, YOU KNOW, WITH ALL THE PIPING UTILITIES, BUT WE COULD CERTAINLY DO SOME, UH, MAYBE ARCHITECTURAL GRASSES OR EVEN SOME, UM, I'M THINKING OF MAYBE SOME HOLLIES OR, YOU KNOW, SOME TYPE OF SHRUB MATERIAL THAT'S EVERGREEN BUT DOESN'T HAVE THE SIGNIFICANT ROOT MASS THAT, UH, SOMETHING LIKE A SPRUCE OR, YOU KNOW, AN EVERGREEN TREE WOULD.
UM, BUT WE COULD CERTAINLY LOOK AT THAT AND, AND, UM, I DON'T SEE THAT THE OWNER WOULD HAVE ANY OBJECTION TO DOING THAT.
ANY OTHER QUESTIONS TO THE BOARD? YOU, YOU MENTIONED THAT YOU WERE GONNA PLACE BOLLARDS AROUND IT.
WHAT, WHAT WOULD HAPPEN, SAY LIKE A CAR RAN OFF THE ROAD AND HIT THAT THING BY ACCIDENT? WELL, THAT'S WHAT THE, THE BOLLARDS ARE FOR.
IT WOULD PREVENT THEM FROM DESTROYING AND, AND RUNNING THROUGH THE R P Z DEVICE AND THE, THE HEATED ENCLOSURE.
SO SIMILAR TO WHAT YOU WOULD SEE IN, IN OTHER COMMERCIAL, UH, PROPERTIES, UH, YOU KNOW, SHOPPING MALLS AND THE LIKE.
UH, YOU'LL SEE THEM COMMONLY AROUND REFUSE ENCLOSURES.
UH, IT, IT'S THERE AS A MEANS OF PROTECTION TO PROTECT, UH, AN ERR VEHICLE FROM DOING DAMAGE TO SOMETHING OTHER, YOU KNOW, YOU DON'T WANT THEM TO DAMAGE THE ENCLOSURE AND, AND WHAT'S INSIDE.
SO, YOU KNOW, AT WORST CASE, YOU WOULD HOPE THAT THE BOTHERS WOULD NEED TO BE REPAIRED.
UM, BUT THAT WOULD BE THE EXTENT OF IT.
MR. ELLI, UM, I'M SORRY TO ASK YOU TO REPEAT AGAIN, WHY IS IT THIS NECESSARY? AND, UH, I GUESS ANOTHER QUESTION WOULD BE, IS THIS THE ONLY PLACE IT COULD GO IF IT'S NECESSARY? COULD YOU HELP ME OUT AND REPEAT WHAT YOU SAID EARLIER? SURE, ABSOLUTELY.
SO IT, IT IS REQUIRED, UM, I DON'T HAVE THE M E P ENGINEER WITH ME TONIGHT, BUT THERE ARE SOME CODE REQUIREMENTS THAT, UH, SPECIFICALLY REQUIRE THE, THE INSTALLATION OF THIS UNIT.
AND I'LL, I'LL SHARE THE SCREEN AGAIN.
UH, AND, AND AGAIN, THE PURPOSE OF THIS, THIS RE IT'S A REDUCED PRESSURE ZONE AND BACKFLOW PREVENTION DEVICE.
IT, IT REGULATES PRESSURE TO THE BUILDING, BUT AT THE SAME TIME PREVENTS ANY, UH, BACKFLOW OF WATER FROM THE SITE INTO THE PUBLIC MAIN.
SO WE'RE, WE'RE ULTIMATELY PROTECTING THE PUBLIC WATER SYSTEM THAT SERVES EVERYONE IN THE AREA.
UM, AND AS I SAID, IT, IT NEEDS TO BE INSTALLED BETWEEN THE MAIN METER PIT ASSEMBLY.
THIS IS, THIS IS THE METER PIT THAT MONITORS AND RECORDS ALL OF THE WATER USAGE FOR THE ENTIRE PROPERTY FOR BOTH BUILDINGS.
UH, IT HAS TO BE INSTALLED SOMEWHERE BETWEEN, UH, AFTER THE METER ASSEMBLY, BUT BEFORE THE UNIT OR THE, THE WATER SERVICE SPLITS TO EITHER BUILDING THE, THE MAIN LINE COMES IN AND THEN IT'S, IT'S SPLIT WITH A T CONNECTION HERE TO THE LEFT, SERVES 5 55 AND TO THE RIGHT, SERVES 5 65.
SO WE, WE NEED TO INSTALL, OR I GUESS, REROUTE THE EXISTING SERVICE SOMEWHERE BETWEEN THE METER AND THIS T CONNECTION.
AND AS YOU CAN SEE, THIS IS A, A DRIVE VIAL ACTIVE DRIVE VIAL FOR THE PARKING LOT.
AGAIN, ANOTHER ACTIVE DRIVE VIAL HERE, AND THEN OFF STREET PARKING.
SO THE, THE NEAREST VIABLE LOCATION TO INSTALL THIS IS IN THE FRONT YARD.
UM, AND THE NEAREST OR CLOSEST LEVEL GRADE WE CAN DO THIS HAPPENS TO BE THIS LOCATION WE SHOW ON THE PLAN, WHICH NECESSITATED THE FRONT YARD VARIANCE.
IN CONJUNCTION WITH THAT EXPLANATION, UH, I BELIEVE YOU MENTIONED AT THE VERY BEGINNING OF YOUR PRESENTATION THAT THIS WAS NECESSITATED BY ADDITIONAL, UH, WORK OR CHANGES TO THE PROPERTY ITSELF.
IS THAT CORRECT? YEAH, I, I DON'T HAVE THE EXACT DETAILS OF IT.
UM, WELL, I, I DON'T WANT TO GUESS.
UM, I DON'T KNOW IF IT HAS SOMETHING TO DO WITH THE MEDICAL USE THAT HAS BEEN ADDED TO THE BUILDING RECENTLY.
UM, I, I DON'T SEE THE OWNER REP ON HERE.
UM, SO I GUESS IT'S, IT'S, UH, YOU KNOW, IT'S, IT'S OBVIOUSLY AN EXPENSE AND IT'S NOT SOMETHING WE'RE DOING JUST FOR THE SAKE OF DOING SO.
UH, YOU KNOW, AS I SAID EARLIER, THE, THE PURPOSE OF THIS DEVICE IS TO PROTECT THE, THE PUBLIC WATER SOURCE.
I UNDERSTAND THAT, BUT IS IT, IS IT FOR SOMETHING THAT YOU HAVE PLANS FOR THAT ARE, UH, YOU'RE PLANNING ON CONSTRUCTING OR IN THE PROCESS OF CONSTRUCTING, OR IS THIS SOMETHING THAT YOU NEED TO DO FOR SOMETHING THAT IT'S FOR THE EXISTING USE? IS IT, IT'S FOR THE CURRENT USE OF THE PROPERTY.
AND THIS IS REQUIRED BY WHOM? PUBLIC HEALTH WHAT? YES.
ANYONE IN THE AUDIENCE THAT WANTS TO ADDRESS THIS MATTER OR COMMENT?
[01:05:05]
I CURRENTLY LIVE IN HIGH POINT DEVELOPMENT.
I'M ON THE BOARD THERE AND WHAT THE TOWN AND WESTCHESTER HEALTH DEPARTMENT IS REQUIRING THAT YOU INSTALL BACKFLOW, UH, CONTROLLERS SIMILAR TO WHAT THE APPLICANT IS, UH, IS, IS DOING.
AND WE ARE DOING THAT HERE IN THE NEXT MONTH OR SO.
SO THIS IS A FAIRLY COMMON THING THAT'S REQUIRED BY THE WESTCHESTER BOARD OF HEALTH.
AND WE WILL NOW GO BACK TO MR. RETTA.
SORRY, IT, IT TOOK A LITTLE WHILE.
UM, I HAD TO GO INTO MY OWN VIRTUAL HALLWAY.
UM, SO J JUST, UM, SO I UNDERSTAND THE BOARD.
UM, YOU KNOW, WE, I SPOKE TO THE APPLICANT AND AGAIN, UM, THIS IS REALLY THE APPEAL OF THE PLANNING BOARD AND ALSO THE CIVIC ASSOCIATION.
BUT IF THEY WOULD AGREE, YOU KNOW, GIVEN WHAT TRANSPIRED, UH, WITH THE LOCAL LAW, AND WE BELIEVE THAT PROGRESS IS BEING MADE, UH, WE, WE WOULD CONSIDER MADAM CHAIR AGAIN, IF, IF THE BOARD WOULD BE SO INCLINED TO MAYBE PUT THIS OFF, UH, TILL THE NEXT MEETING.
UM, AND AGAIN, I UNDERSTAND THAT THERE IS SOME MOVEMENT BEING MADE WITH RESPECT TO THE LOCAL LAW ON THE, THE B E S S.
SO UNDER THAT, UM, PREMISE, WE'D LIKE TO, AGAIN, IF, IF, IF THE BOARD SO DESIRES TO MAYBE PUSH THIS OFF, UH, FOR THE NEXT MONTH.
AGAIN, YOU KNOW, MY CLIENT ALSO HAS TO LOOK AT THEIR OWN BUSINESS DECISIONS AS WELL ON THIS.
BUT AT LEAST, UH, FOR ANOTHER MONTH'S TIME, GIVEN THE FACT THAT THERE WAS A GOOD MEETING OF THE PLANNING BOARD, UH, AND THE DISCUSSION THEY HAD ON THIS PROPOSED LOCAL LAW, WE THINK WE, WE THINK WOULD, WOULD BE A GOOD SUGGESTION AS YOU SUGGESTED MADAM CHAIR, TO MAYBE PUSH US OFF AT LEAST TO THE JUNE 17TH, UH, MEETING.
IF, IF, AGAIN, IF, IF THAT'S ACCEPTABLE TO THE PLANNING BOARD AND ALSO THE CIVIC ASSOCIATION AS THIS IS THEIR APPEAL.
UM, I, I, I, I FULLY, UH, APPRECIATE THE FACT THAT, UH, MR. UH, SHERETTA IS RECOGNIZING THAT THE PLANNING BOARD IS MOVING, UH, UH, SWIFTLY IN TERMS OF ADAPTING A LAW.
AS YOU RECALL, MY FIRST, WHEN I FIRST CAME MY VERY FIRST MEETING, I INDICATED THAT THE PROBLEM WAS THAT THE CURRENT SPECIAL PERMIT DOES NOT ADEQUATELY COVERS THE, THE FACILITY.
AND WHAT WAS NEEDED WAS A LAW THAT WOULD APPROPRIATELY, UH, UH, PERMIT, UH, THESE BEST FACILITIES IN THE, IN THE TOWN.
SO I, UH, APPRECIATE THE RECOGNITION OF MR. RETTA, THAT THE PLANNING BOARD IS MOVING FORWARD.
BUT THAT HE, BUT ANOTHER ISSUE THAT HAS NOT BEEN ADDRESSED BY MR. RETTA WAS THE, UM, THE DISINGENUOUS AND INACCURATE STATEMENT THAT, UH, THE PLANNING BOARD CHANGE, UH, UM, THE MINUTES OF A MEETING TO FACILITATE THE POSITION THAT WE TOOK.
IT DAMAGES THE REPUTATION OF MYSELF.
UH, MISS, UH, MR. SCHWARTZ, UH, MEMBERS OF THE, UH, THE CONSERVATION, UH, UH, THE MEMBERS OF THE PLANNING BOARD, UH, THE COMMISSIONER GARRETT, UH, DEPUTY COMMISSIONER AARON SCHMIT, UH, ASSISTANT COM, UH, ASSISTANT PLANNER, MATT, UH, BRATTON, AND THE FIRST ATTORNEY TO THE TOWN, BECAUSE ALL OF THEM WAS INVOLVED IN REVIEWING THE TAPES, REVIEWING THE, UM, UH, THE TRANSCRIPT.
AND THEY ALL AGREED THAT THE RECORD WAS NOT CONSISTENT WITH WHAT WAS IN THE MINUTES.
MR. SHERETTA HAD THE OPPORTUNITY TO GO BACK AND CORRECT HIS STATEMENT.
UH, UM, THE TOWN, UH, THE TOWN ATTORNEY
[01:10:01]
ALSO SPOKE TO MR. SHETA TO INDICATE THAT A PUBLIC APOLOGY WAS NECESSARY, BUT HE HASN'T FOUND FIT TO DO SO.SO WHEREAS I, UH, UH, WELCOME THE OPPORTUNITY TO, UH, THAT HE'S WILLING TO WAIT UNTIL WE FINISH THE, UH, THIS RULE.
I MEAN, HIS STATEMENT IS TOTALLY UNACCEPTABLE AND UNPROFESSIONAL, AND HE OWES AND HE OWES US A PUBLIC APOLOGY.
ANY OTHER COMMENTS OR RESPONSES? YES, MR. BERNSTEIN, ON BEHALF OF THE COUNCILOR GREENBERG CIVIC ASSOCIATIONS, UH, LET ME SAY THAT, UH, IF THERE'S AN OPPORTUNITY TO AVOID, UH, HAVING THE C B A HAVE TO REACH THE DECISIONS HERE BECAUSE OF SUPERSEDING LEGISLATION, UM, I THINK THAT'S A GOOD THING AND I WOULD SUPPORT IT.
UM, SO IF THE REASON FOR THE, UM, ADJOURNMENT IS TO, UH, SEE WHERE THINGS ARE, EXCUSE ME, TO SEE WHERE THINGS ARE GOING, UH, THAT'S FINE.
BUT I, I WOULD POINT OUT ALSO THAT, UM, THE TOWN IS, UM, IN THE BEGINNING STAGES OF CONSIDERING THIS LAW WAS INTRODUCED, IT WAS REFERRED TO THE PLANNING BOARD.
THE PLANNING BOARD, TO MY KNOWLEDGE, HAS NOT YET ISSUED A RECOMMENDATION PRO OR CON OR NEUTRAL TO THE TOWN BOARD.
UH, IF AND WHEN IT DOES SO, UH, IT, UH, WOULD THEN GO TO THE TOWN BOARD, WHICH WOULD HAVE TO HOLD A PUBLIC HEARING.
THIS IS A VERY COMPREHENSIVE REVISION OF THE LAW, AS I UNDERSTAND IT.
UM, IT DOESN'T APPLY ONLY TO, UM, THE APPLICANT HERE, UH, BUT TO ALL OTHER B E S SS TYPE FACILITIES AND MAY WELL APPLY TO OTHER TYPE FACILITIES LIKE SOLAR AND WIND.
UM, IT'S, IT'S A, A VERY MUCH NEEDED REFORM TO BRING THE CODE UP TO DATE.
UH, AND, UH, YOU KNOW, I THINK WE ALL SUPPORT THAT EFFORT, BUT I THINK IT'S UNREALISTIC TO ASSUME THAT THE MATTER WILL BE CONCLUDED BY THE JUNE 17TH MEETING, THEREBY RENDERING THE ISSUE MOOT.
BUT IT MIGHT BE, I GUESS, I MEAN, ANYTHING IS POSSIBLE.
UH, SO WITH THAT, WE HAVE NO OBJECTION TO THE ADJOURNMENT TO JUNE 17TH TO SEE WHERE THINGS STAND, BECAUSE AS I SAID, IF THE OPPORTUNITY EXISTS TO AVOID, UM, HAVING THE Z B A REACH, THE RULING, UH, UH, THAT WE'RE REQUESTING, THAT'S TO THE GOOD.
AND BY THE WAY, THAT HAPPENS WHEN THE APPLICANT EAGLE WITHDRAWS ITS CURRENT APPLICATION, UH, WHICH IS WHAT THE INTERPRETATION WE'RE CHALLENGING WAS BASED ON AND REAPPLY UNDER THIS NEW LAW THAT THE TOWN PRESUMABLY WILL EVENTUALLY ADOPT.
THAT'S WHEN THE ISSUE BEFORE THE Z B A BECOMES MOOT.
UM, UNTIL THEN IT'S STILL ALIVE.
BUT HOLDING OFF UNTIL WE SEE WHERE THE, WHAT, WHAT THE TOWN DOES, UH, I THINK IS A CONSTRUCTIVE THING TO DO.
MADAM CHAIR, UH, THE APPLICANT, UH, I BELIEVE HAS BEEN GRACIOUS ENOUGH TO ACCEPT THE APPLICATION OF THIS BOARD TO PUT THIS DECISION OVER UNTIL THE LEGISLATION PLAYS ITSELF OUT.
UH, AND I'M HAPPY THAT MR. BERNSTEIN APPARENTLY HAS NO OBJECTION TO THE ADJOURNMENT.
AND I CERTAINLY UNDERSTAND, WHILE MR. SIMON SEEMINGLY DOESN'T HAVE AN OBJECTION, HE HAS MADE VARIOUS COMMENTS, WHICH WITHOUT ABOUT WHAT TOOK PLACE HERE, WHICH I DON'T THINK THIS IS THE PROPER TRIBUNAL TO AIR THOSE GRIEVANCES, UM, I'M NOT GONNA COMMENT WHO'S, YOU KNOW, WHO'S TELLING THE TRUTH, WHO'S NOT TELLING THE TRUTH.
AND I'M SURE MR. CITTA HAS A VERY, UH, HAS A RESPONSE TO THE ALLEGATIONS.
BUT I WOULD HOPE IN THE SPIRIT OF WHAT WE DISCUSSED EARLIER, THAT WE PUT THIS DECISION OVER INTO JUNE AND SEE HOW IT PLAYS OUT.
UH, AND JUST, JUST FOR CLARIFICATION, AND THANK YOU MR. ADLER FOR THAT.
YOU KNOW, WITH RESPECT TO MR. SIMON'S COMMENT ABOUT THE MINUTES, I'M, I'M NOT GONNA GET INTO THAT.
THE RECORD IS WHAT IT IS AT THIS POINT, AND MY STATEMENT WILL STAND.
UM, AND, AND, AND, YOU KNOW, THAT COULD BE ADDRESSED IN ANOTHER FORUM WITH RESPECT TO, UH, AS MR. BERNSTEIN STATED, UH, LOOK, WE HOPE IT GETS RESOLVED IN JUNE, BUT IT MAY NOT.
BUT THAT'S WHY WE'RE ONLY ASKING FOR THIS MONTH ADUR, TO SEE WHERE THINGS PLAY OUT.
AGAIN, WE, WE LIKE THE PROGRESS THAT WE BELIEVE IS
[01:15:01]
BEING MADE, AND WE'RE ASKING FOR THAT SHORTER GERMAN JUST TO SEE WHERE THINGS, UH, STAND FOR THE NEXT, FOR THE NEXT MONTH.SO THAT'S ALL WE'RE ASKING FOR.
AGAIN, UH, IT WAS A SUGGESTION, MADAM CHAIR, THAT YOU MADE.
UH, AND I, AND I BELIEVE THE TIMING BOARD AND, AND ALSO THE CIVIC ASSOCIATION'S GONNA BE OKAY WITH THAT.
WITH RESPECT TO THE OTHER COMMENTS THAT WERE MADE, AGAIN, I'LL RESERVE COMMENT.
AND AGAIN, IT'S NOT THE TIME NOR PLACE TO, TO HAVE THAT ADDRESSED THIS EVENING.
MY STATEMENTS AND COMMENTS STAND FOR THE RECORD, SO THANK YOU.
UM, MADAM CHAIRPERSON, YES, PLEASE.
I'D LIKE, I'D LIKE TO SPEAK, I THINK, I THINK WHAT MR. SCHROER JUST DID WAS ABSOLUTELY OUTRAGEOUS.
AND I ALSO RESPECTFULLY DISAGREE WITH MR. UH, WITH, WITH MR. ADLER.
THOSE STATEMENTS WERE, THAT STATEMENT WAS MADE ON THE RECORD AT A Z B A MEETING.
HE SAID SOMETHING THAT ACTUALLY IS LEGALLY MALFEASANCE IF WE ACTUALLY DID IT.
HE ACCUSED THE, THE PLANNING BOARD OF MALFEASANCE, EXCUSE ME.
DON'T, DON'T START LECTURING ABOUT LEGAL MALFEASANCE.
I'VE BEEN DOING THIS FOR 25 YEARS, MR. SCHWARTZ, DON'T TELL ME I'M HOLD.
HOW WOULD YOU TALK, MR. SHERETTA? LET ME, OKAY.
MADAM CHAIR, THIS IS COMPLETELY OUT OF ORDER.
IF HE WANTS TO ATTACK A LAWYER'S CREDIBILITY ON THIS RECORD, I SUGGEST TO BE, BE VERY CAREFUL IN WHAT MR. SCHWARTZ SAYS THIS.
WE, WE SAID WHAT WE HAD TO SAY, THEY'VE MADE A WRITTEN SUBMISSION.
AT THIS POINT, THIS WHOLE CASE IS ABOUT INTERPRETATION.
WHETHER I'M NOT QUIBBLING ABOUT HOW THEY WERE CHANGED, BUT THEY WERE CHANGED, THAT'S A FACT.
THIS IS, AND IF, IF, MR. SCHWARTZ, AGAIN, I'D BE VERY CAREFUL ABOUT WHAT IS BEING STATED ON THIS PUBLIC RECORD, ABOUT MY REPUTATION, MY CREDIBILITY.
'CAUSE I'VE BEEN DOING THIS FOR 25 YEARS, AND I LIKE TO THINK I'VE BEEN DOING IT IN A RESPECTFUL AND A PROFESSIONAL MANNER.
SO I'D BE VERY CAREFUL WHAT IS SET ON THIS RECORD TONIGHT.
CAN I FINISH NOW, MA, I WAS RUDELY INTERRUPTED, MADAM CHAIR, AND I'D LIKE TO FINISH COMMENT.
I DON'T MIND YOU FINISHING MR. SWARTZ, BUT KEEP IN MIND, OUR FUNCTION IS A ZONING BOARD OF APPEALS.
I UNDERSTAND, I UNDERSTAND THAT.
UM, BUT FOR THE RECORD, HE DID SAY ON THE RECORD, NOT THAT THEY WERE CHANGED, NOT JUST THAT THEY WERE CHANGED, THAT THEY WERE MANIPULATED FOR THE BENEFIT, FOR THE BENEFIT OF OUR APPEAL.
THAT IS WHAT THE REC ACTUALLY, THE TAPE SHOWS.
HE GOT A LETTER FROM THE COUNCIL FROM, UH, THE PLANNING BOARD, EMAIL AN, EXCUSE ME, AN EMAIL.
WOULD YOU STOP INTERRUPTING ME, MR. SHERETTA? UM, HE GOT AN EMAIL FROM THE COUNCIL, FROM THE PLANNING BOARD, WHICH HE NEVER ANSWERED.
HE GOT A CALL FROM THE TOWN ATTORNEY SAYING HE WAS TOO BUSY AND HE WOULD ANSWER.
HE GOT ANOTHER CALL FROM A TOWN ATTORNEY, WHICH HE DIDN'T ANSWER.
MY REPUTATION MEANS A LOT TO ME.
I'VE BEEN ON THE PLANNING BOARD FOR 20 YEARS, MR. SIMON, ALMOST AS LONG AS I HAVE.
AND I DO NOT APPRECIATE ANYBODY.
IT'S COMPLETELY UNPROFESSIONAL TO SAY, TO NOT AT LEAST ADMIT I MADE A MISTAKE.
'CAUSE THE RE RECORD AND WHAT WE DID IS ABSOLUTELY CLEAR.
WE CORRECTED MINUTES, WHICH ARE PART OF THIS RECORD, BY THE WAY, WE CORRECTED MINUTES BASED ON GOING BACK AND A CAREFUL REVIEW OF THE TAPE.
HE KNOWS THAT AND IS REFUSING TO ADMIT IT RIGHT NOW.
AND FRANKLY, I FIND THAT QUITE UNPROFESSIONAL.
AND AGAIN, MADAM CHAIR, THE RECORD IS THE WAY IT IS.
IT HAS NO BEARING ON THIS BOARD'S DETERMINATION.
YOU KNOW WHAT THE RECORD IS, AND THE FACT OF THE MATTER IS MINUTES WERE CHANGED IN THE MIDDLE OF THIS PROCEEDING.
AND I WILL LET MY STATEMENT AND MY COMMENT FOR THE RECORD STAND.
AND YES, I DID SPEAK TO MR. MR. LEWIS.
I DID RECEIVE AN EMAIL, BUT I DID NOT THINK IT WARRANTED ANY TYPE OF DECISION BECAUSE AGAIN, FOR THIS APPEAL AND FOR THIS RECORD, THIS IS A CASE ABOUT AN INTERPRETATION, AND THAT'S WHERE IT STANDS.
SO I SAID MY PIECE, AND I BELIEVE MY STATEMENTS WERE CORRECT, AND I WILL LEAVE IT AT THAT.
SO HE IS NOW SAYING ON THE RECORD THAT GENTLEMEN, GENTLEMEN, HE'S ACCUSING MAYOR US AGAIN ON THE RECORD, MADAM CHAIR, ENOUGH.
THIS HE'S USING GET ON THE RECORD THAT WE MANIPULATE.
WE WE MANIPULATED THOSE MINUTES.
SO ALL OF THIS IS BEING RECORDED, BUT IT IS NOT OUR JOB AS A BOARD TO GET INVOLVED IN THIS BANTER AT THIS POINT, PLEASE.
IS THERE ANYONE ELSE WHO WANTS TO BE HEARD? I THANK YOU.
[01:20:01]
FOR OUR DELIBERATIONS AND WE WILL BE BACK.SO IS, HAS THIS MATTER BEEN ADJOURNED THE 17TH? JUST SO I, I UNDERSTAND.
WE WILL HAVE TO TAKE IT UP AT OUR DELIBERATIONS.
OKAY, SO I'M GONNA PAUSE THE RECORDING THERE.
WE'RE GONNA TAKE A FIVE MINUTE BREAK.
IS THAT WHAT, WHAT, WHAT YOU WOULD LIKE, MADAM CHAIR? YES.
WE'LL RESUME IT, UH, RIGHT AROUND 7 25, 7 26.
SO, UM, I GUESS WE CAN TAKE THINGS IN THE ORDER OF THE AGENDA AT THIS POINT AND GET IT OUT OF THE WAY IF WE CAN.
UM, I DIDN'T WANT TO PUT ANYTHING, ED, WITH RESPECT TO ASKING YOU A QUESTION ON THE RECORD AT THAT POINT WHEN THEY GOT INTO THEIR BANTER, BUT, UM, I WOULD AGREE THAT TO PUT IT OVER TILL JUNE DOESN'T REALLY GIVE US THE TIME THAT WE NEED TO, TO USE WHAT, UM, WE WOULD LIKE TO DO, WHICH IS TO GET, UH, A LAW ENACTED.
I DON'T THINK A LAW WILL BE ENACTED WITHIN THE NEXT 30 DAYS.
I THINK THAT'S A LITTLE PREMATURE.
SO, UM, WE CERTAINLY CAN PUT IT OVER, BUT I WOULDN'T WANT TO JUST KEEP, UM, DOING THAT.
IF WE HAVE ANY OTHER ALTERNATIVE, I THINK, I THINK GARRETT CAN TALK TO THE, TO THE PROCESS.
I, MY UNDERSTANDING IS THAT THE, UH, PLANNING BOARD IS ON TRACK TO ISSUE ITS RECOMMENDATION TO THE TOWN BOARD ON JUNE 8TH.
UH, YOU CAN CORRECT ME IF I'M WRONG.
JUST A QUICK, QUICK UPDATE ON PROCESS.
INDEED, THE PLANNING BOARD'S ON TRACK TO MAKE A RECOMMENDATION ON THE LOCAL LAW TO THE TOWN BOARD.
AND THAT WOULD BE, THAT IS SCHEDULED FOR JUNE 2ND.
SO THEIR FIRST MEETING, UH, IN JUNE, AND THERE'S A RESOLUTION THAT THE TOWN BOARD WILL CONSIDER AT ITS NEXT MEETING, UH, WEEK FROM YESTERDAY.
AND THAT WOULD BE TO SET A PUBLIC HEARING ON THE PROSPECT OF RECEIVING THE, THE, UH, RECOMMENDATION SO THAT PUBLIC HEARING AT THE TOWN BOARD WOULD BE SCHEDULED FOR JUNE, UH, NINTH.
SO AT, AT A MINIMUM, IF THAT ALL OCCURS PRIOR TO YOUR JUNE MEETING, THE TOWN BOARD WILL HAVE RECEIVED A PLANNING BOARD RECOMMENDATION AND HELD A PUBLIC HEARING ON THE LOCAL LAW.
BUT WOULD THAT PUBLIC HEARING BE, UH, FINALITY ON THAT ONE DATE? OR C CERTAINLY CANNOT SPEAK TO THAT.
C CERTAINLY CANNOT SPEAK TO THAT.
SO I, ALL I CAN TELL YOU IS, UH, THAT, THAT, THAT'S, THAT'S WHAT'S, UH, ON CUE, UM, IF ALL PROCEEDS AS WE THINK IT WILL.
AND, UM, AND I, I THINK IT IS SAFE TO SAY THAT WE'RE MAKING VERY GOOD PROGRESS ON THE LAW, GETTING A LOT OF GOOD INPUT.
SO, UM, YOU KNOW, I THINK, I THINK EVERYONE'S TRYING TO WORK TO GET A GOOD LAW THERE.
THAT'S, THAT'S THE BEST I CAN SAY.
AND, AND THAT SOUNDS POSITIVE.
AND TO BE FAIR, I DON'T THINK, UH, MR. SHERETTA, UH, HE, HE, HE DIDN'T COMMIT NECESSARILY TO, I MEAN, HE, HE'S AGREEABLE TO THE ADJOURNMENT, BUT IT WASN'T CONDITIONED ON THE LAW BEING PASSED.
HE SAID HE WANTED TO SEE HOW THINGS WERE GOING.
I UNDERSTAND AT THAT POINT, BY, UH, BY THE NEXT, UH, ZONING BOARD MEETING, HE'LL BE IN A POSITION TO HAVE, UH, A LOT MORE INFORMATION ON THAT.
AND THEN HE CAN EITHER DECIDE TO GO AHEAD OR, OR ADJOURN AGAIN.
BASED ON WHAT, BASED ON WHAT, UH, HAPPENS WITH RESPECT TO THE LAW.
SO THEN, IS IT SAFE FOR ME TO SUGGEST THAT, UM, WE COULD SIMPLY SAY THAT THE CASE IS BEING ADJOURNED, UM, FOR ALL PURPOSES? FOR ALL PURPOSES.
IS THERE ANY OTHER DISCUSSION WE NEED TO HAVE WITH RESPECT TO THESE CASES AT THIS POINT? UNLESS YOU HAVE, UH, MORE QUESTIONS, BUT NOTHING REALLY HAPPENED TONIGHT, SO I DON'T KNOW.
BUT IF YOU, IF YOU HAVE MORE QUESTIONS, MAY BE BASED ON WHAT IS IN THE NEW LAW, I DON'T KNOW, BUT, UH, YOU CAN CERTAINLY USE THAT TIME TO REQUEST MORE INFORMATION FROM ANY OR ALL OF THE PARTIES.
IT'S, I KNOW THERE WAS A LOT OF MATERIALS GIVEN TO US SINCE WE WERE LAST HERE, AND I DON'T KNOW IF THAT FORMED THE BASIS FOR ANYONE HAVING ON THE BOARD THAT, IS ANYONE HAVING ANY FURTHER QUESTIONS OR, UM, ARE WE SIMPLY GOING TO AGREE TO ADJOURN TO SEE THE PROGRESS THAT IS BEING MADE WITH RESPECT TO THE PROPOSED NEW LAW? UM, MY, I'VE READ THE,
[01:25:01]
UH, THE LEGISLATION, UH, ED, THANK YOU.UM, AND I DO HAVE QUESTIONS, BUT I DON'T THINK THAT IT'S TIME FOR ME TO ASK THOSE QUESTIONS NOW.
UM, IT'S BECAUSE THE LEGISLATION IS SO, UH, UH, NOT COMPLICATED, BUT ALL ENCOMPASSING THAT, UM, IT, IT'S A LOT TO SWALLOW AND ABSORB.
UM, SO I, I WOULD ALSO LIKE THE 30 DAYS JUST TO GET A BETTER, UH, FAMILIAR WITH WHAT THIS NEW LEGISLATION IS THAT THE PLANNING BOARD IS RECOMMENDING TO THE TOWN BOARD.
ANY OTHER COMMENTS? SO THEN, UM, WE'RE IN AGREEMENT THAT WE WILL, UM, SIMPLY ADJOURN FOR ALL PURPOSES TO THE JUNE MEETING? YES.
MOVING TO, UM, 2105, WHICH WAS G H P THAXTER, WITH RESPECT TO THE ILLUMINATION, UM, I THINK MR. LER MADE HIMSELF VERY CLEAR ABOUT THAT.
MR. BOWDEN MADE HIMSELF CLEAR ABOUT IT, AND I KNOW MY FEELINGS ABOUT IT, BUT LET'S HEAR WHAT OTHER COMMENTS BOARD MEMBERS WISH TO, UH, SHARE.
I, I DON'T BELIEVE IT NEEDS TO BE ON ANY LONGER THAN IT'S ALREADY ALLOWED TO, BECAUSE, UM, BEING ABLE TO SEE IT FROM 2 87 OR 87, UM, ISN'T REALLY HELPING A PATIENT GET TO THE BUILDING.
UM, SO IT, IT'S, I NEVER THOUGHT OF IT AS A TERM CALLED ADVERTISING, BUT, UM, IN FACT, THAT PROBABLY IS WHAT I COULD CALL IT IN AGREEMENT WITH, UM, MR. BODEN.
UM, SO I, I DON'T REALLY FORESEE ANY REASON TO HAVE, UM, TO AGREE TO THEIR APPLICATION.
AND WOULD YOU SUGGEST ANY ALTERNATIVE? NO, I THINK THE AMOUNT OF TIME THAT, UM, IT'S ALREADY ON IS MORE THAN SUFFICIENT.
ANYONE ELSE? I, I JUST HAVE A QUESTION.
WHAT, WHAT ARE THE CURRENT ILLUMINATION LAWS? IS IT USUALLY DONE TO, WHAT, WHAT IS THE RULES? WHERE'S ANTHONY? I WAS GONNA SAY, WHERE'S ANTHONY? ANTHONY, HOLD ON.
I BELIEVE IT'S A HALF HOUR AFTER CLOSING, OR AN HOUR AFTER CLOSING.
I BELIEVE IT'S SOMETHING LIKE THAT.
AND I BELIEVE WE DID DISCUSS WITH THEM APPROXIMATELY THE HOURS WE'D BE USING IT, AND, UH, IT DIDN'T EXTEND UNTIL LATE INTO THE EVENING.
UM, I DON'T KNOW IF YOU WANTED TO ASK ANYTHING ELSE, CHRISTIE.
NO, I, I MEAN, I PERSONALLY DON'T HAVE A PROBLEM WITH WHAT THEY'RE ASKING,
BUT WHAT I THINK OF WHAT CAN OCCUR
UM, AND I THINK THERE WAS A COMMENT ABOUT SOMETHING THAT I HAD PUT IN THE RECORD EARLIER ABOUT THE FACT THAT THERE ARE, UM, THE LIGHTS THAT ARE ON WITH RESPECT TO THE MARRIOTT, ET CETERA, UM, THEY HAVE A PURPOSE IN THAT THEY ARE, UM, ESSENTIALLY NOT ADVERTISING, BUT OPEN FOR BUSINESS 24 HOURS.
SO THERE IS A DIFFERENCE WHEN YOU HAVE THAT TYPE OF SITUATION VERSUS A BUSINESS THAT HAS ACKNOWLEDGED THAT THEY WOULD CLOSE EARLIER, BUT WANT TO HAVE THE LIGHTS ON ALL NIGHT.
SO, UM, I, I, I, I JOINED IN THE FACT THAT I DON'T SEE THE NEED TO HAVE THE LIGHTS ON ALL NIGHT, ALTHOUGH THEY MAY BE ATTRACTIVE TO LOOK AT, UM, I WOULD NOT WANT TO HAVE THAT ATTRACTION START TO SPREAD.
I THINK IT'S IMPORTANT FOR THE BRAND MONTEFIORE AND, AND, AND EVERY, AND EVERYTHING IS, BUT A HOSPITAL IS LIT BECAUSE THE HOSPITAL IS OPEN AND A BEACON TO THOSE WHO NEED NURTURING AND, YOU KNOW, TREATMENT AND EMERGENCY SERVICE.
[01:30:01]
MR. RODRIGUEZ, BUT YOU CANNOT PARTICIPATE OR COMMENT AT THIS POINT? ANYONE ELSE? I, I WOULD, UM, I THINK WE HAD THIS DISCUSSION LAST TIME.I WOULD BE OPEN TO AN EXTENSION, UM, OF, YOU KNOW, TO, UH, YOU KNOW, BEYOND SIX O'CLOCK, BUT I DON'T REALLY SEE A NEED WHEN THEY'RE NOT OPEN 24 HOURS TO HAVE IT ILLUMINATED 24 HOURS.
WELL, THEY'VE ALREADY ADJUSTED IT TO NOW BEING TILL, UH, I THINK, OH, THEY DID ADJUST IT TO 10.
I DON'T, I DON'T IF, IF, IF IT IS TILL 10:00 PM I DON'T REALLY HAVE AN ISSUE WITH THAT.
WELL, ACCORDING TO THE AGENDA, IT SAYS THEY'RE REQUESTING AN AMENDMENT TO A PREVIOUSLY GRANTED APPLICATION LIMITING THE HOURS OF ILLUMINATION FROM 8:00 AM TO 6:00 PM TO ALLOW HOURS TO BE 24 HOURS A DAY.
SO THAT'S A LITTLE DIFFERENT FROM WHAT I'M HEARING, COMMENTING.
YEAH, I, I THOUGHT I SAW AN EMAIL TILL 10:00 PM BUT THEN IT WAS ON THE AGENDA STILL FOR 24 HOURS.
I CAN, I HAVE THE 10:00 PM WRITTEN DOWN AS WELL.
I DON'T, ON WHAT, LIKE, I WROTE A NOTE EIGHT TO 10.
I SAW IT SOMEWHERE ALSO THAT THEY, UM, YES, THERE WAS AN EMAIL I EMAILED EVERYBODY.
UH, THEY REDUCED IT FROM THEIR ORIGINAL REQUEST.
UM, I DON'T HAVE IT IN FRONT OF ME, BUT EVERYBODY GOT THAT, UH, THEY REDUCED IT FROM THEIR ORIGINAL REQUEST AND
I WAS REFERRING TO THE EIGHT TO 10.
I DON'T HAVE A PROBLEM WITH EIGHT.
I, THE, THE, THE ATTORNEY FOR THE, OR THE REPRESENTATIVE, UH, FOR THE APPLICANT DID STATE TO THIS EVENING, UH, THAT WAS THE FIRST THING HE SAID.
AND I BELIEVE IT WAS 10 O'CLOCK, BUT, UH, MAYBE IF HE WANTS TO NOD YES OR NO,
THAT'S WHERE KRISTY, YOU GOT THE 10.
OBVIOUSLY THAT'S NOT HOW THE AGENDA READS.
WELL, THE AGENDA WASN'T CHANGED, AND IT WAS RELIEF FROM AN EXISTING CONDITION.
SO WHERE ARE WE GUYS? I CAN'T TAKE A STRAW VOTE BECAUSE I'M NOT SURE WHERE WE ARE.
I DON'T BELIEVE THERE SHOULD BE ANY CHANGE FROM EIGHT TO SIX.
MADAM CHAIR, I THOUGHT YOUR ANALOGY TO VEGAS WAS SPOT ON.
I DROVE, YOU KNOW, I DROVE, I DROVE JUST TO SEE WHAT THE SIGN LOOKED LIKE FROM THE HIGHWAY.
IT LOOKED LIKE A, YOU KNOW, HOTEL SIGN WENT IN VEGAS.
AND, UM, I, AND THIS, IF IT WAS WHITE PLAINS HOSPITAL, OKAY, IT IS, IT IS WHITE PLAIN.
NO, NO, BUT THEY'RE NOW AFFILIATED.
I, I GET, I GET THAT, AND I ALL DUE RESPECT, I DON'T THINK WE'RE IN THE BRANDING BUSINESS.
UM, I THINK WE'RE IN WITH ALL DUE RESPECT, BUT THEY DO, BUT THEY DO, THEY WANT TO EXPAND THEIR BRAND BECAUSE NOW THEY'RE IN WESTCHESTER AND AFFILIATED WITH PLAINS AND THEY'RE EXPANDING AND BLAH, BLAH, BLAH.
AND THAT'S, THAT'S, I, I, I DO KNOW ABOUT THAT.
ALL THESE HOSP, COLUMBIA DOCTORS AND CORNELL UNIVERSITY AND, YOU KNOW, THERE'S, THERE'S ALL KINDS OF CHANGES HAPPENING, RIGHT? BUT I DON'T, I DON'T THINK WE SHOULD BE IN THE BUSINESS OF TAKING AWAY THE, THE ENVIRONMENTAL APPEARANCE OF OUR TOWN TO ACCOMMODATE THEIR PROGRESS.
ANYONE ELSE FOR NO CHANGE? SO WE HAVE THREE, BECAUSE I WOULD BE THREE FOR NO CHANGE.
SO THAT LEAVES US IN SOMEWHAT OF A STANDOFF.
I MEAN, WE COULD PUT THIS OVER AND SEE WHO ELSE WE HAVE NEXT MONTH.
UM, IF YOU WANT, WHAT'S THE OTHER OPTION? THE GRANT FOR 30 DAYS AND SEE IF THEY WITHDRAW, I GUESS IS WHAT? UM, WAIT, CAN YOU GET IT ON A THREE, TWO? NO, NO.
I'M GONNA KEEP YOU GUYS HERE ALL NIGHT.
[01:35:01]
TO GET THE VARIANCE CHANGED OR THE APPLICATION, THEN YOU NEED FOUR VOTES.ANYTHING LESS THAN FOUR VOTES IS DEEMED TO BE A DENIAL.
SO YOU CAN, YOU COULD DO THAT, BUT, UH, I WOULD SUGGEST, ESPECIALLY SINCE WE'RE DOWN ONE MEMBER TONIGHT, TWO MEMBERS ACTUALLY.
UM, WE, IF IF YOU DON'T HAVE FOUR, THEN UH, PUT IT OVER.
I THINK EVERYONE SHOULD HAVE THEIR SAY.
AND WE HAVE HAD OUR SAY AND OUR SAY HAS NOT DETERMINED IT.
SO THEREFORE, I WOULD SUGGEST PUTTING IT OVER.
SO THAT'LL BE ADJOURNED FOR ALL PURPOSES.
NEXT IS POETS CORNER, LOCAL OIL SERVICE STATION TO INCREASE THE YARD SIDE.
WELL, YOU WERE ALL VERY QUIET ON THIS ONE.
SO ARE THERE, ARE THERE ANY COMMENTS TO MAKE AT THIS POINT? I HAVE NO COMMENTS.
OH, YOU JUST HEARD CHRISTIE SAY SHE HAS NO COMMENTS.
AND, UM, I WOULD ALSO AGREE WITH THEIR NEW, UM, REVISION TO THE CANOPY SIGN, IF I REMEMBER THEIR EMAIL CORRECTLY.
WHAT, SAY THAT AGAIN, LOU, YOU AGREE? YOU MENTIONED CANOPY.
WHAT WE HAVE BEFORE US IS JUST THE YARD SIGN.
SO I'M NOT, I'M NOT JUMPING TO SOMETHING THAT WE DON'T, WE'RE NOT CONSIDERING TONIGHT.
WELL, DIDN'T THEY, DIDN'T THEY REMOVE THEIR REQUEST TO PUT THE, UM, THE BRAND, THE DOUBLE, THE DOUBLE CANOPY UP? YES, BUT WHAT THEY SAID IS THAT THEY ARE GOING TO APPLY TO HAVE IT ON THE, ON THE NORTH SIDE OR SOUTH SIDE.
BUT THAT HAS NOTHING TO DO WITH WHAT WE ARE, HAVE ON THE AGENDA TONIGHT.
TONIGHT IS SIMPLY TO INCREASE THE YARD SIGN FROM 20 SQUARE FEET PERMITTED TO 29.3 SQUARE FEET PROPOSED.
ARE WE ALL IN AGREEMENT OR ARE WE NOT IN AGREEMENT? STRAW VOTE.
I AGREE WITH YOU, MADAM CHAIR.
YOU, YOU REALLY SUMMED IT UP BEST LAST TIME.
SO SINCE YOU AGREE WITH ME OH NO, WRITE IT UP, LES.
I DON'T HAVE THE PAPERS I HAVE TO PASS.
DIANE, YOU WANNA TRY IT? I, SO I, I THINK LAST TIME WE HAD SAID WE NEEDED SAMPLES, UM, AND I DON'T HAVE THE PAPERS OR THE SAMPLES IN ORDER TO YEAH.
BUT WE DO HAVE, WE DO HAVE AGREEMENT, CORRECT? YES.
I'LL SET WHO, WHO'S GOING TO DO IT? WELL, I DON'T KNOW.
DO I HAVE ANYTHING ELSE THAT I CAN HAVE CHRISTIE WRITE THAT'S HARDER?
AND GOING TO, UM, 2110, WHICH IS THE TWO BAXTER ROAD DRIVEWAY CASE DISCUSSION.
WHERE ARE WE? COME ON GUYS, WE GOTTA BE SOMEWHERE HERE.
EIGHT CARS WAITING TO BE PARKED.
THEY HAD TO SHIP SOMETHING TO FLORIDA AND EVERYBODY HAS A BUNCH OF CARS.
AND THEY DON'T EVEN LIVE, THEY DON'T EVEN LIVE THERE YET.
AND THEY DON'T KNOW HOW MANY PEOPLE THEY CAN EXPECT FOR THESE PARTIES.
I THINK THEY HAVE TO MAKE, THEY, THEY TOLD US ANOTHER 10 TO 12 CARS.
CAN I, I MEAN, MY, MY NAIVETY IS, IS THIS A BUSINESS OR IS THIS JUST A LOT OF CARS? I, I DID.
IT'S, YOU KNOW, THERE ARE PEOPLE WHO LOVE CARS AND OKAY.
I MEAN, MY SON HAS THREE CARS.
OF COURSE, HE HAS A HOUSE, SO IT DOESN'T AFFECT ME, BUT I MEAN, YOU KNOW, OKAY.
I MEAN, WE, MY FAMILY HAS SIX CARS THAT WE PARK IN THE DRIVEWAY, AND, YOU KNOW, BECAUSE WE HAVE FIVE
[01:40:01]
PEOPLE THAT LIVE IN THE HOUSE, UM, AND SOME PEOPLE HAVE MULTIPLE CARS.UM, IF WE LOOK AT THIS LIKE WITH THE PARKING SPACE THAT THEY NEED FOR THEIR, UM, OWN VEHICLES UP AT THE TOP OF THE DRIVEWAY, I DIDN'T REALLY HAVE AN ISSUE WITH THAT, BUT I'D LOVE TO HEAR OTHER PEOPLE'S OPINIONS.
I STRUGGLE MORE WITH, UM, ALONG THE WHOLE LENGTH OF THE DRIVEWAY SOLVING FOR PARTIES.
IT'S NOT A, IT'S, IT'S NOT A RESTAURANT OR A PARTY VENUE.
WELL, WELL, IT'S, WELL, IT'S GONNA HAPPEN.
I, I, I HATE TO INTERRUPT YOU, BUT IT IS GONNA HAPPEN WHILE THIS FAMILY MOVES IN AND LIVES THERE.
THAT, THAT WE KNOW FOR CERTAIN, AND A LOT OF THE CASES THAT WE DO GET BEFORE US HAVE TO DO WITH THE CIRCUMSTANCES OF THE INDIVIDUALS WHO LIVE IN THE HOMES AT THIS POINT.
THE FUTURE IS DIFFERENT FOR OTHER PEOPLE.
UM, IT'S REALLY A LEGAL MATTER THAT PERHAPS SHOULD BE DISCUSSED IN, UH, EXECUTIVE SESSION.
AS TO THE BASIS FOR VARIANCE JURISPRUDENCE.
SO DO WE WANNA DO THAT NOW? DO WE WANNA GET THROUGH THE REST OF THE AGENDA BEFORE WE DO THAT? COULD WE ADJOURN THIS AND THEN HEAR FROM COUNSEL? OR DO YOU WANT TO HEAR FROM COUNSEL FIRST? WELL, I THINK WE SHOULD HEAR FROM COUNSEL, BUT I WOULD LIKE TO GET THROUGH.
THE OTHER CASES THAT WE, YOU KNOW, WE ONLY HAVE A COUPLE MORE CASES LEFT HERE, SO IF WE CAN, FINE.
THERE'S SOME, THERE MAY BE SOME OTHER LEGAL ISSUE TO BRING UP ON ONE OF THE OTHER CASES.
SO, ALRIGHT, SO LET'S, UH, TABLE THAT FOR A MOMENT AND GO TO 2112, WHICH IS PROPERTY AT 38 BYWAY HARTSDALE.
THAT IS THE CARPORT CASE, WHICH IS AN VERY INTERESTING CASE.
ANTHONY, I WANNA ASK YOU A QUESTION.
IS, WHAT IS NEEDED TO BE AN ENCLOSURE? IS IT SOLID WALLS? COULD IT BE FENCING? WHAT, WHAT WOULD BE, BECAUSE THERE ARE A LOT OF CARPORTS.
WELL, THE, THE DEFINITION OF CARPORT IS TWO SIDES THAT ARE OPEN.
BUT THAT'S, I'VE SEEN CARPORTS THAT HAVE FABRIC OR HAVE SOME TYPE OF SCREENING, YOU KNOW, JUST TO KIND OF BLOCK THE WIND, SO TO SPEAK.
IS THAT ALSO SOMETHING THAT IS CONSIDERED AN ENCLOSURE? I I GUESS IF YOU WERE TO DO A FULL ENCLOSURE ON BOTH SIDES WITH SOMETHING LIKE THAT, LIKE A DOOR IN THE FRONT IN SOME TYPE OF FENCING OR SCREENING, IT WOULD STILL, IT WOULD BE CONSIDERED ENCLOSED AND IT WOULD BE IN THE F A R.
SO IF YOU PUT UP, LET'S SAY, UM, A GATE, AN OPEN GATE WHERE YOU COULD SEE THROUGH IT, BUT IT WOULD BE SOMETHING THAT YOU COULDN'T BREAK INTO THAT WOULD STILL BE AN ENCLOSURE.
YEAH, I WOULD KIND OF HAVE TO SEE WHAT IT IS BECAUSE IT WOULD BE KIND OF A BIT OF A GRAY INTERPRETATION TYPE AREA.
YOU KNOW, IT'S NOT SOMETHING THAT WE NORMALLY SEE.
EITHER WE SEE AN ENCLOSED GARAGE OR WE SEE AN OPEN CARPORT, YOU KNOW, ON THE SEVENTIES THEY USE THAT FENCE, LIKE YOU SAID, ON THE SIDE OF A CARPORT JUST TO, YOU KNOW, KIND OF PARTIALLY ENCLOSE IT, BUT IT WAS STILL OPEN MM-HMM.
BUT NOW IT, IT, YOU KNOW, IT'S NOT COMMON.
EITHER IT'S A COMPLETELY OPEN CARPORT OR IT'S AN ENCLOSED GARAGE.
SO YOU DIDN'T REALLY ANSWER MY QUESTION,
I KNOW I DIDN'T, BUT IT, BUT LIKE I SAID, IT'S, IT'S SOMETHING THAT REALLY, YOU KNOW, YOU WOULD HAVE TO LOOK AT AND TRY TO MAKE A DETERMINATION BECAUSE IT WOULD BE A GRAY AREA.
LIKE IF THEY WOULD PUT A GATE, YOU KNOW, IF THEY WOULD JUST TO PUT SOME KIND OF SAFETY GATE ACROSS THE FRONT AND THE TOP OF IT WAS STILL OPEN AND THE SIDE WAS STILL OPEN.
IT MAY BE A CAR PARK, BUT WE'D HAVE TO SEE, YOU KNOW, WHAT IT LOOKED AT.
BUT WHAT, WHAT IF YOU PUT A GATE ON THE, BOTH THE FRONT AND ON THE SIDE? YOU KNOW, I'M JUST, THIS IS MY THINKING OF, YOU KNOW, LIKE I SAID, IT'S NOT SOMETHING THAT WE'VE SEEN OR WE'VE BEEN FACED WITH TO RENDER A DECISION ON.
YOU KNOW, IF IT WAS STILL OPEN, I GUESS, YOU KNOW, I GUESS YOU WOULD HAVE TO MEASURE THE EXTENT OF OPENNESS TO THE TWO SIDES, YOU KNOW.
AND IS THAT SOMETHING THAT THE BUILDING DEPARTMENT HAS SPECS ON, OR JUST NO, THERE IS NO SPECS ON IT.
THE CODE JUST SAYS, YOU KNOW, CARPORT IS OPEN ON TWO SIDES.
THAT'S THE EXTENT YOU CAN GET INTO IT.
[01:45:01]
NO, YOU KNOW, WHO YOU WERE IN HERE.WELL, THE ONE THING THAT BOTHERS ME ABOUT IT IS THE FACT OF HOW IT WAS DONE.
BUT, YOU KNOW, AND THOSE THINGS TEND TO BOTHER ME
UM, BECAUSE WHEN THEY DECIDED TO EXPAND THE F A R, THEY DID IT IN A WAY THAT WAS PROBABLY VERY BENEFICIAL TO THE SQUARE FOOTAGE OF THE HOUSE AND THEIR USE OF IT.
BUT THEN THEY LEFT THIS CARPORT THAT KIND OF DOES DIMINISH THE VIEW AND THE LOOK AND THE VALUE TO SOME EXTENT OF THE HOUSE BECAUSE THEY DECIDED THEN TO PUT STORAGE IN IT AND IT'S OPEN TO THE, UM, NEIGHBORHOOD.
SO THAT PART BOTHERS ME A BIT, CONSIDERING THAT, THAT THEY ONLY DID THIS, WHAT, TWO YEARS AGO.
UM, AND MADAM CHAIR, YOU WERE THE ONE WHO ASKED WHAT IT LOOKS LIKE IN THE REST OF THE NEIGHBORHOOD.
AND YOU KNOW, WE DIDN'T HAVE THE APPLICANTS ON TONIGHT.
UH, UH, I ASSUME THEY HAD OTHER THINGS THEY HAD TO DO, BUT, UH, THEIR, THEIR STATEMENTS THAT EVERYBODY IN THE NEIGHBORHOOD WHO PASSES BY SAYS THEY'RE HAPPY WITH THE CHANGE.
I'D RATHER HEAR IT FROM THE APPLICANT WITH ALL DUE RESPECT TO MR. HAYNES.
AND AGAIN, WHAT IS THE NAB? WE HAVE TO KNOW WHAT'S IN THE REST OF THE NEIGHBORHOOD TO, TO MAKE AN, I THINK, TO MAKE A DECISION.
WELL, NOT REALLY, KEEP IN MIND THIS IS AN F A R, SO WE HAVE TO LOOK AT THE INCREASE.
AND IF WE HAD OUR F A R EXPERT HERE TONIGHT, HE COULD POSSIBLY, I CAN'T TELL YOU WHAT, IT'S, IT, A 13% INCREASE.
BUT WE USUALLY GO UP TO ABOUT 15.
I THOUGHT WE WENT UP TO AROUND 11 OR 12, BUT WE CAME, WE SEEM TO KEEP MOVING THE BAR.
THAT'S WHY I SAID I NEED THE EXPERT AND MAYBE YOU THE EXPERT FOR TONIGHT.
CHRISTIE
I THOUGHT 15 WAS KIND OF OUR BENCHMARK.
I I, I DON'T REMEMBER AT THIS POINT.
I'M GONNA BE HONEST, I DIDN'T DO THE MATH MYSELF WHEN I THOUGHT I HEARD THAT.
HE SAID IT WAS ABOUT 12%, UM, OVER YEAH.
WE'VE GRANTED THAT THEY ARE, I'M NOT SAYING I'M OPPOSED TO IT.
I'M JUST TRYING TO LOOK AT THE ALTERNATIVES THAT ARE THERE IN HOW IT STACKS UP TO WHAT WE'VE DONE IN THE PAST FROM MY, I THINK WE'VE APPROVED ON AROUND THIS LEVEL BEFORE, JUST OFF THE TOP OF MY HEAD.
I MEAN, WE HAVE AN INSTANCES WHERE THE, EITHER THE, UH, SQUARE FOOTAGE OR THE LOCATION SUCH AS, YOU KNOW, UM, IN AREAS WHERE THE LOTS ARE MUCH SMALLER, BUT THE HOUSES ARE MUCH BIGGER AND PEOPLE DO NEED TO HAVE SOME INCREASE, YOU KNOW, JUST FOR LIVING THESE DAYS.
WHICH IS WHY I ASKED ABOUT THE, UM, THE SIZE OF THE, YOU KNOW, THE PROPERTY AND THE FACT THAT, THAT SHED WAS SITTING THERE KIND OF, UH,
SO THEY WOULD HAVE A BASIS FOR SAYING WE NEED TO HAVE A PLACE TO STORE STUFF.
SO WHATEVER YOU WANNA DO, YOU WANNA TAKE A STRAW BONE ON THIS? SURE.
I WOULD AGREE TO PUTTING IT, PUTTING THE GARAGE DOOR ON THE, AND THE, AND ENC CLOSING THE RIGHT SIDE OF IT, OF IT AS WELL.
AND, UM, I AGREE WITH, UM, MR. BOWDEN THAT PUTTING A DOOR AS OPPOSED TO A WINDOW OR PUTTING A DOOR AND WINDOWS SO THAT YOU CAN HAVE ACCESS OR ACCESS FROM THE GARAGE WITHOUT OPENING THE GARAGE DOOR, IS, ISN'T THAT WHAT WAS ON THE PLAN THAT I SAW? THEY HAD WINDOWS DOOR WITH TWO WINDOWS.
I THOUGHT IT WAS A DOOR AND TWO WINDOWS.
THE, THE, THE ONE THING, AND I, I DON'T WANNA ASK ED THIS IS WHAT I DO WOULD HAVE A PROBLEM WITH, IS BECAUSE OF THE LOCATION OF THIS CARPORT AND WHAT IS NOW GOING TO BE A GARAGE, AND WHAT WE NORMALLY, WHAT I SHOULDN'T SAY, WE NORMALLY, WHAT WE FREQUENTLY HAVE IN, IN HOUSES THAT THEN WANT TO EXPAND FURTHER IS THEY CHANGED THE GARAGE NOW INTO LIVING, LIVING
[01:50:01]
AREA.IT REMINDS ME OF THE ONE THAT WE HAD RECENTLY, UM, WHERE THE DOCTOR WHO, WHO HAD THE, WANTED TO PUT IN THE, THE TESLA, UH, ELECTRIC CHARGER, AND WE DIDN'T WANNA GIVE, I FORGET WHAT IT WAS NOW.
BUT WHAT I'M SAYING IS THAT VERY OFTEN WHAT WERE GARAGES ARE TURNED INTO LIVING SPACES.
SO WHEN YOU TALK ABOUT HAVING A DOOR AND WINDOWS ON THE SIDE, YOU KNOW, ALL YOU NEED TO DO IS, UH, THROW SOME CARPET DOWN AND PUT ON A LITTLE BIT OF HEAT AND YOU'VE GOT ANOTHER ROOM.
WELL, FIRST, HOW CAN WE RESTRICT ANYTHING ALONG THOSE LINES OR WHAT WELL, YOU, YOU CAN'T JUST SAY WE ARE GONNA GRANT IT AND WE FORBID YOU FROM DOING ANYTHING IN THE FUTURE.
I KNOW
NOW, LET'S ASSUME FOR THE SAKE, NOT THAT THESE PEOPLE, NOT THAT THESE PEOPLE WOULD DO IT, LET'S SAY FOR THE SAKE OF ARGUMENT THAT THEY PUT IN THE GARAGE, THEN CLOSE IT, THEY PUT IN THE GARAGE.
AND BY THE WAY, WHAT YOU JUST SAID WOULD BE AN ARGUMENT AGAINST PUTTING IN A WINDOW AND A DOOR.
BUT IT LET'S US SAY, FOR THE SAKE OF ARGUMENT THAT THEY CONVERT THAT ROOM INTO LIVING SPACE, AND NOW THEY WANT TO PUT ON A GARAGE.
WELL, THEY'RE GONNA NEED AT LEAST TWO, AT LEAST ONE VARIANCE AND POSSIBLY MORE.
NUMBER ONE WOULD BE THE F A R AND NUMBER TWO WOULD BE WHERE ARE THEY GONNA PUT THIS OTHER GARAGE WITHOUT VIOLATING A SETBACK? BECAUSE THAT THE, THE CURRENT GARAGE, THE CURRENT CARPORT LOOKS TO ME, LOOKED TO ME THAT IT WAS, UH, IN FRONT, IT WAS FURTHER, CLOSER TO THE STREET THAN THE REST OF THE HOUSE WAS.
SO THEREFORE, IF THEY EXPAND ANYWHERE INTO, TO TOWARD THE FRONT AGAIN TO PUT THE GARAGE, WHICH WOULD BE THE LOGICAL PLACE TO DO THAT, THEY WOULD PROBABLY NEED A FRONT YARD VARIANCE.
I'M NOT, I'M NOT CONCERNED ABOUT THEM ASKING FOR ANOTHER GARAGE.
I'M JUST SAYING ARE, ARE WE AUTHORIZING OR APPROVING SOMETHING THAT THEY MADE A DECISION TWO YEARS AGO NOT TO HAVE SO THAT THEY COULD HAVE WITHIN THE F A R.
NOW IF WE ARE GRANTING THEM THE ABILITY TO GO BEYOND THE F A R BECAUSE OF THE QUOTE GARAGE, BUT IN, IN, IN ESSENCE, WE'RE JUST GIVING THEM MORE SQUARE FOOTAGE TO USE HOWEVER THEY WANNA USE, ARE WE OPENING THE DOOR FOR SOMETHING ELSE? THAT'S WHERE MY THINKING IS.
WELL, I THINK YOU, YOU'RE, YOU MAY BE, UH, SPECULATING TOO MUCH ON MOTIVATION AND, AND FUTURE EVENTS.
NOT THIS, NOT THIS HOUSE NECESSARILY.
WELL, IT'S NOT THE FIRST TIME THAT SOMEBODY'S GOTTEN A VARIANCE AND THEN CAME IN, UH, LATER AND SOUGHT FURTHER VARIANCE.
I MEAN, THEY HAVE, AND THE PROPERTY OWNER HAS THE RIGHT TO ASK.
UH, AND YOU HAVE THE RIGHT TO DENY.
I'VE, I'VE SAID ALL I'VE HAD TO SAY.
SO LET'S GET BACK TO OUR STRAW VOTE AGAIN.
WHERE WERE WE? WE LEFT OFF WITH LOU.
SO CHRISTIE, THIS IS THE ONE THAT I HAVE PLANNED FOR YOU.
I THOUGHT THIS WAS AN EASY ONE.
UM, AND THEN THE LAST ONE IS THE G P H FAXER OR THE, UM, ACCESSORY STRUCTURE, WHICH I STILL DON'T KNOW HOW TO SAY IT, BUT IT'S A HOT BOX.
UM, MY REQUEST IS THAT I WANTED TO HAVE THEM HAVE SOME TYPE OF, UM, SCREENING AND THEY SAID THEY WOULD LOOK INTO THAT.
THEY DIDN'T, THEY DIDN'T HAVE A PROPOSAL FOR US NECESSARILY.
SO I WOULD LIKE TO, SINCE APPARENTLY THEY'VE ALREADY DONE WHATEVER THEY'VE DONE TO THE BUILDING, UH, I WOULD LIKE TO BE ABLE TO PUT THIS OVER FOR A MONTH IF WE CAN.
UNLESS SOMEONE ELSE HAS ANOTHER IDEA AT THIS POINT, BECAUSE I'D LIKE TO KNOW EXACTLY WHAT IT IS WE'RE GOING TO HAVE THERE.
WELL, MADAM CHAIR, I DON'T KNOW IF TIME IS A ESSENCE FOR THEM TO DO THIS AND MAYBE,
[01:55:01]
MAYBE YOU WOULD LIKE, I DUNNO.MAY MAYBE YOU WOULD WANT TO CONDITION IT ON THE FARRY OFFICER.
LANDSCAPING AND JUST HAVE THE, UH, YOU KNOW, TO THE APPROVAL OF THE FARRY OFFICER.
CAN I SAY NO BAMBOO,
SO, YOU KNOW, THIS IS TIME OF THE ESSENCE.
THEY HAVE, THEY'RE UNDER TIGHT, TIGHT LIMITS HERE.
I'M NOT, I'M NOT POSITIVE, BUT I BELIEVE THEY MAY BE.
WE CAN'T FIND OUT WITHOUT, BECAUSE NOT ALLOWED.
SEE, I, I DIDN'T GET THE SENSE FROM WHAT MR. UM, MR. SIMON SAID, BECAUSE HE SAID THAT HIGH POINT IS DOING THE SAME THING.
THAT IT APPEARS TO BE SOMETHING THAT IS BEING DONE NOW AS NOT OPPOSED TO AS THERE'S, WE NEED TO GET THIS NOW BECAUSE WE CAN'T PUT PEOPLE IN OCCUPANCY.
IT SOUNDED AS THOUGH THEY WERE, THAT'S WHY I DID ASK A QUESTION IS HAVE YOU, YOU KNOW, IS THIS SOMETHING THAT YOU HAVE TO DO IN ORDER TO USE THE PROPERTY OR IS THIS SOMETHING YOU'RE PLANNING ON DOING IN ORDER TO HAVE A FUTURE USE OF THE PROPERTY AND DEVELOP WHATEVER IT IS THEY'RE PUTTING IN THERE? BECAUSE NO, I, I THINK, I THINK IT'S MANDATED NOT ONLY BY THE HEALTH DEPARTMENT, I THINK IT'S MANDATED BY THE WATER DEPARTMENT ALSO.
BUT IS THAT A, I MEAN, THAT, THAT BUILDING THOSE BUILDINGS HAVE BEEN THERE FOR GOD KNOWS HOW MANY YEARS, BUT NOT IN THE SAME USE OF IT.
BUT YEAH, THERE'S, THERE'S MORE OF A MEDICAL USE TO THE BUILDINGS NOW WITH, UH, EVERYTHING THAT HAPPENED WITH COVID AND OFFICE SPACE DRYING UP, YOU KNOW, THE BUILDINGS KIND OF SWITCHED TO MEDICAL TYPE USE BECAUSE THAT'S THE OCCUPANCY, YOU KNOW, AND THE PEOPLE THAT ARE RENTING THE BUILDINGS.
SO I BELIEVE THERE WAS SOME CHANGES INVOLVED WITH THAT, THAT PROBABLY REQUIRED DIFFERENT TYPE OF WATER USAGE.
WELL, YOU SAY THE BUILDING DEPARTMENT IS REQUIRED IS, I SAID THE WATER, I BELIEVE THE WATER DEPARTMENT AND THE HEALTH DEPARTMENT DEPARTMENT, THE WATER DEPARTMENT, ALL THE WATER DEPART.
TO YOUR KNOWLEDGE, HAVE WE PUT A, A DEADLINE ON THAT? I, I DO NOT KNOW ED.
I DO NOT HAVE ALL THOSE DETAILS.
KNOW, ALL I DID WAS JUST SUGGEST THAT IF YOU WANTED, YOU DIDN'T HAVE TO HAVE A SPECIFIC PLAN TO APPROVE.
YOU CAN DO IT TO THE SATISFACTION OF THE FORESTRY OFFICER.
AND I WOULD, UH, AGREE WITH THAT.
IF I BELIEVE WHAT THE, THE PLANS THAT HE WAS SHOWING, THERE DOESN'T SEEM TO BE ANY OTHER LEGITIMATE PLACE WHERE YOU COULD PUT IT WITHOUT TAKING THE PARKING SPACES.
AND, UM, YOU COULD EITHER, YOU KNOW, THEY'RE PUTTING THE BOLLARDS UP TO PROTECT YOU FROM AN, YOU KNOW, AN ERRANT AUTOMOBILE.
UM, BUT, YOU KNOW, THE, THE, UH, PLANTINGS COULD BE IN A PLANTER.
AS OPPOSED TO, YOU KNOW, UH, HAVING, YOU KNOW, BEING CAREFUL ABOUT PUTTING TREES AND STUFF, THEY COULD BUILD PLANTERS AND THEN, UH, FILL IT WITH SOIL AND PUT SHRUBS IN THERE AND THAT WOULD CREATE A SUFFICIENT SCREENING, UM, FOR THE, UH, R P Z THAT THEY'RE PUTTING.
SO I, I DON'T SEE A REASON TO HOLD TO PUT IT OVER FOR A MONTH.
I THINK THAT WE CAN, I FEEL THAT I WOULD, UM, AGREE WITH THIS, WITH THE, UM, CONDITION OF SCREENING AROUND THE, UM, THE RRP Z YEAH, I WOULD AGREE WITH THAT.
WELL, I WASN'T DISAGREEING WITH IT.
I, YEAH, I WOULD AGREE WITH THAT.
ARE WE GONNA, I, I THOUGHT ANTHONY'S SUGGESTION WITH THAT, IT GOES APPROVAL OF THE SCREENING TO FORESTRY.
ARE YOU GUYS SUGGESTING THAT? OR JUST SAYING PUT UP SCREENING, BUT WE WON'T.
WHAT DO YOU MEAN NOBODY WILL SEE IT? SAY THAT AGAIN.
WELL, WHO'S GONNA APPROVE THE SCREENING? WHO'S GONNA FOREST STREET? WHO'S GOING? FORESTRY.
OKAY, THEN I WOULD AGREE WITH THAT.
IT ALSO DEPENDS ON WHO'S FORESTRY, UH,
WELL, I MEAN HE WAS SAYING THAT, UH, WITH ALL OF THE, UM, UH, SEW AND, UH, DRAIN COVERS AND STUFF THAT YOU CAN'T REALLY PLANT ANYTHING THAT WOULD HAVE DEEP ROOTS.
AND WHO WAS IT WHO JUST MENTIONED THAT? WAS THAT ANTHONY? RIGHT? IT'S
[02:00:01]
UM, JOE, JOE ELLI SAID THAT ABOUT THE ROOTS.
SO, UM, THAT'S WHY I'M SUGGESTING, YOU KNOW, YOU COULD BUILD PLANTERS EITHER IN FRONT OF THE BOLLARDS OR BEHIND THE BOLLARDS, UM, JUST TO CREATE THE SCREENING.
THOUGHT IT WAS A GOOD SUGGESTION OR, OR PUT THE PLANTERS OUT OF CONCRETE AND THEN DON'T PUT IN THE BALLARDS.
'CAUSE THE PLANTERS THEMSELVES WOULD PROVIDE PROTECTIVE PROTECTION, UH, FOR THE UNIT FROM, UM, UM, AN ERRAND, UH, AUTOMOBILE.
BUT IS THAT ACCURATE, LOU? BECAUSE IT SEEMS VERY CLOSE TO THE ROADWAY.
YOU MEAN THE FACT THAT IF YOU PUT A CONCRETE AS OPPOSED TO A BALLARD? YEAH.
UM, YOU HAVE, HAVE RECOLLECT FROM A SITE PLAN.
UM, THERE WOULD BE ENOUGH ROOM TO DO THAT.
I JUST THOUGHT OF THEM HAVING BALLOTS AND HAVING SOME KIND OF PLANTING KIND OF DISGUISE THE BALLOTS.
SO IT DOESN'T LOOK LIKE MORE OF A STRUCTURE, BUT, YOU KNOW, THINGS.
SO IS IT SOMETHING THAT WE WANT TO CONCERN OURSELVES WITH OR DO WE, UH, GRANT AND LET THEM WORK IT OUT WITH THE FORESTRY OFFICER? UM, DO WE NEED TO GET INTO THE DETAILS OF HOW YOU WOULD SCREEN IT WITH, UM, WITH PLANTINGS? ANYBODY? WHERE IS STEVE LETTING YOU GUYS DISCUSS WHILE I'M WRITE
WELL GUYS, IT'S, IT'S REALLY YOUR DECISION TO MAKE.
BUT WE'VE HAD CASES IN THE PAST WHERE WE'VE JUST SAID SCREENING TO THE SATISFACTION OF THE, UH, FORESTRY OFFICER.
AND THEN WE ADD CERTAIN THINGS TO THE, TO, UH, ANOTHER SENTENCE THAT SAYS, UH, UH, AND THE APPLICANT SHALL MAINTAIN AND REPLACE IF THEY BECOME DISEASE DYING OR DEAD.
THAT'S, UH, MY FAVORITE EXPRESSION OF ONE OF OUR TOWN COUNCILMEN WHO USED TO BE ON THE, ON THE ZONING BOARD.
SO WHO'S GONNA WRITE IT? UH, I I WILL.
WHICH IS WHY I WANTED TO GET SOME KIND OF A DECISION FROM EVERYBODY IF I'M GONNA WRITE IT.
I DON'T WANNA END UP RUNNING OUT OF TIME BECAUSE I SEE CHRISTIE'S WRITING HERS AND EVE IS WRITING HERS.
AND, UM, EVERYBODY ELSE IS LIKE NOT PAYING ATTENTION TO THIS ONE.
SO DO WE FINISH THE STORE, VOTE AND VOTE AND DO I WRITE THIS UP OR NOT WRITE IT? AND I AGREE WITH WHAT YOU, EVERYTHING YOU SAID
I AGREE WITH EVERYTHING YOU SAID.
IS THERE ANYBODY WHO SPECIFIC? YES.
AND THAT IS THE EXECUTIVE SESSION, RIGHT? OH, OKAY.
AND IT'S NOT REALLY EXECUTIVE SESSION, IT'S FOR ATTORNEY CLIENT.
CAN WE HAVE A MOTION TO MOVE INTO EXECUTIVE SESSION? SECOND.
A WE HAVE TO GET, UH, GARRETT TO, UH, AYE.
[02:05:02]
CAROL? YES.WHAT DO WE HAVE ON ANY NEW CASES? UH, YES, COMING IN THE PIPELINE? YES, I'VE GOT
UH, WE HAVE TWO THAT I ALREADY RECEIVED.
AND ON A MONDAY, YOU KNOW, I WAS OUT BECAUSE OF VUIS.
SO, BUT I TOLD THEM THAT I WOULDN'T KNOW WHAT THE AGENDA WOULD BE LIKE UNTIL AFTER TODAY'S MEETING AND I'D LET THEM KNOW TOMORROW.
I DON'T KNOW IF WE CAN GET EVERYBODY ON JUST BY MY COUNT.
WE HAVE SIX THAT ARE BEING HELD OVER.
DOES THAT MEAN SWITCHING ON THREE? THAT MEANS WE CAN ONLY TAKE TWO NEW ONES.
WELL, WE'LL HAVE TO TAKE A LOOK AT WHAT'S, WHAT'S BEING
LET ME JUST RUN THROUGH 'EM AGAIN.
SO WE'VE GOT THE DRUMMONDS ON OH 3, 0 4, 0 5, 0 9, 0 10 0 11.
AND THEN WE HAVE, WE HAVE GRANTED ON 12 AND THEN ADJOURNED ON 13.
I THOUGHT WE GRANTED LUCK OIL, DIDN'T YOU? YEAH, I GOT LUCK OIL.
'CAUSE YOU'RE GRANTING UH, 13 WITH SCREENING.
OH, I THOUGHT LOW WAS DOING IT.
WHAT, WHAT, WHICH ONE ARE WE TALKING ABOUT? THE LAST ONE.
BUT EVERYONE IS ABOUT TO GO OUT TO DINNER.
WAITING UNTIL THE LAST MINUTE TO WITHOUT MASKS.
WHEN DO YOU THINK WE'LL BE BACK IN PERSON? THAT'S A GOOD QUESTION.
I'VE BEEN ASKING THAT QUESTION.
WELL, I'M BACK FULL TIME IN THE OFFICE.
WHAT ABOUT YOU, ED? WHAT? ARE YOU BACK FULL-TIME IN THE OFFICE? NO, BUT I, I DON'T KNOW WHEN THE BUILDING'S OPENING.
I DON'T, SO SOMETHING ABOUT JUNE 1ST, BUT I DON'T KNOW IF THAT'S WHAT I SAW, BUT I DON'T KNOW IF THAT'S WRITTEN STONE.
I THINK EVERYTHING IS GONNA CHANGE JUNE 1ST.
I SO CHRISTIE'S DOING 2112, RIGHT? YES.
AND EVERYTHING IS A TYPE TWO, CORRECT? CAROL? YES.
AND AM I CORRECT BECAUSE I'M LOOKING AT MY, UM, MY DATE STAMP.
WHAT DID I DO WITH IT? I JUST HAD IT A SECOND AGO.
AM I CORRECT THAT I CAN USE THIS ONE? WHICH IS THE, IT'S DATE STAMPED APRIL 8TH, 2021.
BECAUSE THEY HAVE OTHER DRAWINGS, BUT I'M NOT SURE THAT THE, I'M NOT SURE THAT THOSE ARE THE RIGHT DIMENSIONS.
I THINK THAT THE OTHERS ARE DATED EARLIER.
IS THAT EVE'S VERSION OF SCREEN SHARING? YES.
I KEEP WANTING TO LEARN BUT LEARN BECAUSE IT'S 58 INCHES.
ANTHONY, ARE YOU LISTENING? HE MAY BE GONE.
WELL, HIS NAME IS STILL THERE.
[02:10:01]
IT WAS AN IN-PERSON MEETING, HE'D BE GONE.I JUST WANNA MAKE SURE THESE DIMENSIONS ARE RIGHT.
NO, HE NORMALLY LEAVES WHEN YOU GO BACK INTO SESSION.
AND THEN HE TELLS US HE'S GONE.
I JUST WANNA MAKE SURE I'M PUTTING IN THE RIGHT PLAN.
YOU'RE SAYING HE ADDS INSULT TO INJURY.
NOT ONLY DOES HE LEAVE, BUT HE TELLS YOU HE'S LEAVING.
HE'S STILL THERE BECAUSE HIS NAME IS THERE, RIGHT? THAT'S WHAT I SAID.
SHOULD I ASK HIM TO, I CAN ASK HIM TO UNMUTE.
OH, IF HE'S
I HAD TO STEP AWAY FOR A MOMENT.
I WAS SAYING ANTHONY, I WANTED TO MAKE SURE THAT I HAD THE RIGHT, UM, PLAN FOR LUCK OIL.
BUT I CAN'T FIGURE OUT DIMENSION WISE WHETHER THIS IS THE RIGHT ONE.
IT'S THE MOST RECENT ONE, WHICH IS THE APRIL 8TH FOR THE YARD SIGN.
YOU OKAY? WHAT'S THE DATE? MAYBE CAROL CAN, UH, DO IT BY THE DATE.
I DON'T HAVE ONE LATER THAN THIS.
I THINK I, YEAH, I THINK THAT'S THE ONE ALSO.
BUT I DON'T HAVE THAT FOLDER WITH ME.
BUT NOW THIS ONE DOES HAVE THE THREE ITEMS. IT HAS THE MINIMART, THE CREDIT, THE GAS AND THE DIESEL.
IS THAT THE RIGHT ONE? THAT'S WHAT I'M SAYING.
I DON'T WANNA BE SANCTIONING SOMETHING THAT IS NOT THE SMALLEST ONE THAT WE WHAT WAS THE ORIGINAL ONE? THE ORIGINAL ONE.
DOES ANYBODY ELSE HAVE THE FILE THAT YOU CAN HELP HER WITH IT FOR LUCK? OIL.
WHAT WAS THE QUESTION? LUCK OIL.
I'M TRYING TO MAKE SURE THAT I HAVE THE RIGHT SIGN BECAUSE THIS ONE DOES HAVE CREDIT, CASH, DIESEL.
AND I KNOW SOME OF THEM ONLY HAVE, AND THEY HAVE MANY MARKS.
SO THEY HAVE, THEY HAVE LIKE FOUR DIFFERENT LITTLE CATEGORIES HERE AND I WANNA MAKE SURE WE'RE NOT GIVING THEM MORE THAN WHAT WE THOUGHT WE WERE.
EVE DON'T KNOW THE REST OF THEM.
I REMEMBER THE LAST ONE HAD THE BLACK, BLACK BACKGROUND FOR THE LETTERS.
I THINK ALL THE OTHER ONES WERE WHITE, WEREN'T THEY? WELL, THIS HAS A BACK, I DON'T KNOW.
THIS ONE HAS A BACK, BACK BACKGROUND FOR THE LETTERS.
YEAH, I HAVE SOMETHING DATED APRIL.
IS THAT IT? I I WAS ASKING ANTHONY WHETHER THAT EQUATES TO THE SQUARE FOOTAGE THAT THEY TOLD US, WHICH IS 29.3 SQUARE FEET.
THAT, THAT I DIDN'T FIGURE OUT WHAT WAS THE DIMENSIONS Z IF YOU SEE THIS, IT'S 58 ACROSS THE LUCK OIL AND THEN IT'S 46 ACROSS THE BOTTOM, WHICH IS SMALLER 'CAUSE LUCK OIL STICKS OUT.
AND THEN THE SIDES ARE 64 INCHES WHERE THE UH, WHERE THE FOUR ITEMS ARE MINI MART CREDIT, GAS, AND DIESEL.
AND THEN LUCK OIL ITSELF IS 22 INCHES BY 58.
I'M PRETTY SURE THAT'S THE CORRECT, THE BOTTOM WAS THE BOTTOM IS 64 BY 46 AND THE TOP PIECE IS 22 BY 58.
'CAUSE I HAVE AN OLDER ONE FROM JANUARY.
UH, YEAH, THIS IS THE LAST ONE I HAVE TOO.
[02:15:01]
YOU HAVE? YEAH.AND ALL THE OLDER ONES ARE LIKE, LOOK LIKE THIS, BUT ARE THE DIMENSIONS, SEE HOW THAT, HOW'S THAT BLACK ARE THE DIMENSIONS BLACK? THAT'S, I I JUST NEED TO KNOW IF THIS IS 29.3 OR NOT.
BECAUSE IF IT'S MORE THAN 29.3, THIS ISN'T THE RIGHT ONE.
ANTHONY, DID YOU FIGURE IT OUT? YEAH, I'M, I'M DOING IT.
I DUNNO, WITH, WITH THOSE DIMENSIONS THAT YOU HAD GIVEN ME, I'M COMING UP WITH SOMETHING GREATER THAN 29.3.
THAT'S WHAT I WAS CONCERNED ABOUT.
I THOUGHT IT'S 39, 29 0.4 OR 29.3.
SO WHERE IS THE ONE? OR DO I JUST TAKE IT? DOES ANYONE HAVE THE UH, NOTE, CAROL, DO YOU HAVE THE NEW FOLDER? THE FOLDER WITH EVERYTHING, WITH THE LATEST MIDDLE? HE WROTE A LA UH, AN EMAIL SAYING WHAT IT WAS.
SO MAYBE THAT'S WHAT WE HAVE TO GO BY THEN.
YEAH, I MEAN, YOU COULD JUST GO, GO, GO WITH THE SQUARE FOOTAGE WITH THE EMAIL OF WHAT HE SAID AND HE'LL HAVE TO, UH, HE'LL HAVE TO COMPLY TO IT.
RIGHT? WHAT, WHAT'S THE DATE OF THE EMAIL? SO, SO HE, HE SENT AN EMAIL, UH, CAROL, BUT NOT, UH, NOT A, UH, NEW DIAGRAM PLAN.
I DON'T HAVE THE FILE IN FRONT OF ME.
UM, WELL, IF THAT'S THE NUMBER HE ASKED FOR, HE'LL, HE'LL HAVE TO, UH, ADHERE TO IT.
HE, HE SENT IT IN AN EMAIL AND I, I KNOW I FORWARDED TO EVERYBODY.
I THINK I PRINTED IT UP AND PUT IT IN THE FILE.
WOULD IT HAVE BEEN AFTER APRIL 8TH? I DON'T REMEMBER.
UH, APRIL 8TH WOULD'VE BEEN, UH, WHEN WAS THE, THE Z B A OH MEETING.
HE SENT IT BEFORE THE MEETING BECAUSE AT LAST MONTH'S MEETING HE STATED THAT HE HAD REDUCED THE SIGN, THE ART SIGN, AND IT WASN'T UNTIL THIS YEAR OH, OKAY.
THAT HE WITHDREW THE CANOPY SO IT COULD, I THINK HE DID IT APRIL.
SO YOU THINK HE DID WHAT? I THINK HE REDUCED THE SIZE OF THE YARD SIGN APRIL 8TH.
IT WAS BEFORE THE APRIL 15TH MEETING.
BUT THE QUESTION IS, MY, MY SUGGESTION IS WE ASKED DEBBIE BECAUSE HE MENTIONED IT AT THE VERY BEGINNING OF HIS PRESENTATION, WHAT THE SQUARE FOOTAGE WAS.
AND THEN YOU USE THAT SAY AS STATED AT, AT THE MEETING OF MAY 20TH.
[02:20:05]
OKAY.UH, DID YOU HEAR ME? I'M FINISHED.
OH, I MEAN, I'M NOT THE LAST ONE.
WHY, LIKE THIS? CAROL, YOU SAID NO PRESSURE.
I DIDN'T, YOU STILL WANT ME TO LOOK? YES.
WHO SAID IT? OH, THE, UH, REP REPRESENTATIVE, UH, MATT ZAMBRANO.
MR. ZAMBRANO CASE 2107, I BELIEVE I GOT IT.
WE MET LAST MONTH AND WE HAD LESSENED OUR ID SIGNED VARIANCE REQUEST TO 29.31 SQUARE FEET.
AS PER OUR COVER LETTER THAT WE SUBMITTED BEFORE THIS HEARING, LUKE ALL WILL BE FORMALLY WITHDRAWING THEIR VARIANCE REQUEST FOR THE CANOPY SIGNAGE.
UH, INSTEAD THEY'RE GONNA POTENTIALLY, UH, THE BUILDING PERMIT.
THAT'S, THAT'S REALLY ALL, THAT'S WHAT YOU NEEDED.
THE QUESTION IS, WHAT ARE WE BASING IT ON ED, ON HIS REPRESENTATIVE'S STATEMENT TO THE, UH, TO THE ZONING BOARD TONIGHT.
OR I, CAROL, I WOULD BE VERY SURPRISED IF HE DIDN'T ALSO MENTION THAT IN HIS COVER LETTER OR AS YOU PUT IT.
AND I THOUGHT I, I KNOW I SENT IT, BUT RIGHT.
LEMME SEE HIS COVER LETTER WHERE HE WITHDRAWS THE, UH, THE RIGHT.
IS THAT IN OUR PACKET OR WAS THAT JUST, UH, WHAT YOU SENT US IN ADDRESS? YES.
SEE THE LETTER I SEE DATED THE 20.
SO I'LL BASE IT ON THIS LETTER.
IT SAYS THAT IT'S A, IT IS DATED APRIL 27TH, 2021, AND IT SAYS THEY WILL BE WITH FORMALLY WITHDRAWING BLAH BLAH, BLAH.
AS PER THE Z B A RECOMMENDATION LETTER DATED APRIL 23RD, 2021.
THEY WILL PURSUE A BUILDING PERMIT, WHATEVER, AND THEN IT SAYS THEY PROPOSED AT THE APRIL 5TH MEETING WOULD BE A TOTAL OF 29.31 SQUARE FEET AND WILL REMAIN UNCHANGED.
WELL, THAT SOUNDS LIKE THE SAME ONE BECAUSE THEY DIDN'T GIVE US ANOTHER PROPOSAL AFTER THE EIGHTH.
BUT WHEN WE ADD THIS UP, IT DOESN'T COME OUT TO 29.3.
NO, IT, IT COMES, DEBBIE, WHAT DID YOU SAY? 29.13 OR THREE? 1, 3 1.
I THOUGHT IT WAS 0.32 29.31 SQUARE FEET.
SO WE HAVE A DILEMMA IN MY MIND, AT LEAST WHAT WE, THERE'S NO DILEMMA.
HE'S GOT A, WHATEVER HE PUTS UP CAN'T BE MORE THAN 20 BUCKS.
SO I DON'T HAVE TO REFER TO THAT.
OF COURSE, THAT'S PUTTING THE, THE ONUS ON THE BUILDINGS, UH, DEPARTMENT TO UH, EITHER PUT A STOP WORK ORDER OR MAKE HIM REDUCE IT.
IF WHAT IN FACT HE SUBMITTED COMES OUT TO MORE THAN 29.
WELL, HE, HE HAS TO SUBMIT THE PROPER DIMENSIONS FOR REVIEW BEFORE THE SIGNED PERMIT GETS ISSUED.
UH, YOU ARE, YOU ARE, YOU ARE PRETTY CLEAR, ANTHONY, THAT UH, WHAT YOU HAVE, UH, IS MORE THAN 29.3.
UH, YEAH, I MEAN, WHEN I DID IT OFF THE NUMBERS THAT HEVE HAD PROVIDED, THAT CAME OUT 32 POINT 19.
SO IT WAS A TAD IT WAS A TAD OVER.
I DON'T KNOW IF THERE'S FACES OR SOMETHING THAT HE DIDN'T COUNT.
UH, YOU KNOW, MAYBE HE DIDNT COUNT THE AREA.
[02:25:01]
EYE WAS THAT WE COMPARED THIS WITH THE MOBILE SIGN AND THE MOBILE SIGN JUST GIVES THE TWO ITEMS CASH OR CASH REGULAR OR WHATEVER MM-HMM.DO WE PUT IT OVER? DO WE GO WITH JUST THE 29.3 AND I SAY YOU COULD GO WITH THE 29.3 AND HE'S GOTTA HE'S GOTTA BRING IT WITHIN.
OR HE IS, THAT'S WHAT HE SAID.
OR HE CAN SAID IT SEVERAL TIMES OR HE CAN REQUEST, UH, THE REOPENING OF THE HEARING.
SO IT'S IN CONFORMITY WITH THE LETTER OF APRIL 27TH.
DID HE HAVE AN ATTACHMENT TO THAT LETTER SHOWING? NO.
SO THAT EMAIL ON THE 27TH, THAT'S WHEN HE, UH, WITHDREW.
THERE WAS AN ANOTHER EMAIL FROM BEFORE THE APRIL 15TH MEETING WHERE HE, UM, REDUCED THE SIZE TO 29.3.
WHAT HE SAYS IN THE APRIL 13TH LETTER, JUST SO YOU KNOW, IS, WHICH IS A MUCH MORE DETAILED LETTER.
HE SAYS, THE PRICE SIGN WE PROPOSED FOR OUR MARCH 18TH HEARING WAS A TOTAL OF 53.91.
AFTER THE HEARING, WHICH IS AFTER MARCH 18TH, WE REVISED OUR PROPOSAL TO BE A TOTAL OF 29.31 SQUARE FEET.
SO I ASSUME THAT THAT WAS THE ONE THAT'S DATED APRIL 8TH, WHICH IS AFTER THE MARCH 18TH LETTER, RIGHT LETTER IMMEDIATELY.
AND THEN HE SAYS THAT'S A REDUCTION OF 24.6 SQUARE FEET, WHICH WILL MAKE THE SIGN MORE CONGRUENT WITH THE NEARBY GAS STATIONS WITHIN THIS DISTRICT, WHICH TO ME MEANS NOT HAVING ALL OF THESE VARIOUS COLUMNS, BUT HAVING SOMETHING SMALLER.
BUT DID HE ATTACH, UH, A SO IF, IF THERE WASN'T A PICTURE ATTACHED, AND MAYBE HE DIDN'T, MAYBE HE JUST EMAILED ME THE, UM, THE LETTER OR MAYBE HE OR MAYBE WHOEVER DID THIS MADE A MISTAKE IN THEIR NUMBERS AND
BUT ED HAD A GOOD IDEA BECAUSE IF YOU GRANT IT THIS WAY, AND IF IT WAS THEIR ERROR, THEY COULD REQUEST IT TO REOPEN IT.
BUT IT, IT'S NOT LIKE THE BAR HAS TO BE DILIGENT.
NUMBER ONE, BUT NUMBER TWO, IT'S HIGHLY UNLIKELY YOU WOULD'VE MADE A MISTAKE BECAUSE HE REPEATED IT.
APRIL 7TH, APRIL, WHATEVER, 17TH AND TONIGHT.
EXCEPT WE HAVE NOTHING THAT SUPPORTS IT OTHER THAN PERHAPS WHAT HE WAS TOLD.
WELL, THAT'S HIS APPLICATION AND WHEN HE COMES IN WITH A PLAN, THE BUILDING IN THE THE BUILDING MM-HMM.
UM, WE ARE BACK, EVERYONE WITH THE RESULT OF OUR DELIBERATIONS AND, UM, FIRST CASE ON TONIGHT'S FIRST TWO CASES, I SHOULD SAY ON TONIGHT'S AGENDA WAS CASE 2103 AND CASE 2104.
UM, WITH RESPECT TO THE, UH, BEST STORAGE SYSTEM AND THAT WILL BE ADJOURNED FOR ALL PURPOSES TO THE MEETING OF JUNE 17TH.
NEXT IS CASE 2105 G PAXTER L L P.
THAT ALSO IS ADJOURNED FOR ALL PURPOSES TO THE MEETING OF JUNE 17TH.
THE NEXT CASE TONIGHT IS CASE 2107 PORTS CORNER REALTY LOOK ALL OIL STATION AT 2 58 TARRYTOWN ROAD.
AND WHEREAS THE WHERE'S MY RESOLUTION, SORRY FOLKS, WHERE DID MY RESOLUTION GO? AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO C A COMPLIANCE AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT NOW, THEREFORE BE IT RESOLVED THAT THE
[02:30:01]
SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SIGN CONSIDERATION.DO I HAVE A SECOND? ANYBODY SECOND? LOU LOU RAISED HIS HAND.
YEAH, THIS SPOKEN A SPOKEN MEETING.
AND I MOVE THAT THE APPLICATION IN CASE 2107 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILED THE SAME WITH THE BUILDING DEPARTMENT.
CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE LETTER OF THE APPLICANT DATED 27TH, 2021 SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY HEREAFTER BE MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN THE VARIANCE BEING GRANTED AS FOR THE IMPROVEMENT SHOWN ON THE PLAN SUBMITTED OR IN THE LETTER I SHOULD SAY SUBMITTED IN SUPPORT OF THIS APPLICATION ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES.
EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES, WE APPROVE HEREIN.
AND THE CHAIR VOTES A FINDINGS IN GRANTING THIS APPLICATION, THE ZONING BOARD HAS WEIGHED THE BENEFIT TO BE DERIVED BY THE APPLICANT FROM THE PROPOSED VARIANCE AGAINST THE IMPACT THAT THE VARIANCE WOULD HAVE ON THE SURROUNDING NEIGHBORHOOD.
WE HAVE FOUND THAT GRANTING THE VARIANCE WILL NOT RESULT IN A DETRIMENT TO NEARBY PROPERTIES AND WILL NOT ADVERSELY IMPACT THE CHARACTER OR PHYSICAL OR ENVIRONMENT CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT PROVIDING, UH, BECAUSE I SHOULDN'T SAY BECAUSE THE APPLICANT HAS NEED OF A NEWER SIGN THAT WILL BE AN ENHANCEMENT OF THE APPEARANCE OF THE STATION.
HOWEVER, THE TREELINE STREET OF TREES AND OTHER FOLIAGE IN THE LOCATION THAT IS NOT UNDER THE CONTROL OR OWNERSHIP OF THE APPLICANT AND, AND THE DOES NOT PROVIDE, UH, ADEQUATE, UH, AN ADEQUATE VIEW OF THE CURRENT SIGN, NOR PROVIDE INFORMATION TO PASSING MOTORISTS.
ADDITIONALLY, THE APPLICANT HAS GIVEN UP ITS RIGHT TO SOME CANOPY SIGNAGE THAT TO WHICH IT WOULD BE ENTITLED AS A TRADE-OFF FOR THE YARD SIGN.
THE GOAL OF THE APPLICANT CANNOT BE ACHIEVED BY SOME OTHER VISIBLE MEANS WITHOUT REQUIRING THE VARIANCE WE ARE GRANTING BECAUSE OF THE NEED FOR PRACTICABLE VISIBILITY.
THE REQUESTED VARIANCE IS SUBSTANTIAL IN RELATION TO THE REQUIREMENTS SOUGHT TO BE VARIED AND THAT THE RELIEF IS 29.3 SQUARE FEET COMPARED WITH 20 SQUARE FEET REQUIRED.
THE APPLICANT'S NEED FOR THE VARIANCE WAS SELF-CREATED BECAUSE IT PURCHASED THE PROPERTY WITH KNOWLEDGE OF THE REQUIREMENTS OF THE ZONING ORDINANCE.
HOWEVER, THE FACT THAT AN APPLICANT'S NEED FOR AN AREA OF VARIANCE IS SELF-CREATED, DOES NOT BY ITSELF REQUIRE US TO DENY AN AREA OF VARIANCE ON THE NEXT CASE.
ON TONIGHT'S AGENDA IS CASE 2109 CAPTURE MANAGEMENT, WHICH WE HAVE ALREADY VOTED, UM, AND WILL BE ADJOURNED TO MEETING OF JUNE 17TH.
JOHN LABINA PROPERTY AT AXER ROAD LANE IRVINGTON.
THAT IS ALSO ADJOURNED TO THE MEETING OF JUNE 17TH FOR ALL PURPOSES.
CASE 2111 AGAIN IS A CASE THAT WE HAD ADJOURNED AND VOTED TO ADJOURN EARLIER THIS EVENING, AND THAT IS ALSO NOW ADJOURNED TO THE MEETING OF JUNE 17TH.
THE NEXT CASE IS 2112 MICHAEL MAYER PROPERTY AT 38 BYWAY POST OFFICE, HARTSDALE, NEW YORK.
AND DO I HAVE RESOLUTION? YES I DO.
WHEREAS THE, WHEREAS THE GREENBURG CBA, YOU KNOW WHAT I MEAN WITH REGARD TO C A COMPLIANCE AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT.
NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SE CONSIDERATION.
AND DO WE HAVE A MOTION? I SECOND IT? NO, WE HAVE
[02:35:01]
A MOTION.UH, I MOVE THAT THE APPLICATION IN CASE NUMBER 2112 BE GRANTED PROVIDED THAT THE APPLICANT WILL OBTAIN ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENT.
THAT CON CONSTRUCTION BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER AND CONFORMITY WITH THE PLANS DATED JANUARY 22ND, 2021 AND RECEIVED APRIL 6TH, 2021 SUBMITTED IN SUPPORT OF THIS APPLICATION VARIANCES BEING GRANTED OR FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION, ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO, TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
MAYOR VOTES AYE UH, FINDINGS IN GRANTING THIS APPLICATION, THE ZONING BOARD HAS WEIGHED THE BENEFIT TO BE DERIVED BY THE APPLICANT FROM THE PROPOSED VARIANCE AGAINST THE IMPACT OF THE VARIANCE YOU HAVE ON THE SURROUNDING NEIGHBORHOOD.
WE HAVE FOUND THAT GRANTING THE AREA VARIANCE FOR F A R WILL NOT RESULT IN THE DETRIMENT TO NEARBY PROPERTIES AND WILL NOT ADVERSELY IMPACT THE CHARACTER OR PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT.
BECAUSE THE APPLICANT PROPOSES TO CONVERT AN EXISTING ATTACHED CARPORT INTO A TWO CAR GARAGE, THE EXISTING CARPORT STRUCTURE ALREADY RESEMBLES A GARAGE AND IS USED TO PARK CARS AND STORE ITEMS. THE CARPORT IS MISSING A GARAGE DOOR AND COMPLETE SIDE ON THE SOUTHERLY SIDE.
BECAUSE OF THESE OPENINGS, THE CARPORT IS NOT COUNTED AS PART OF THE GROSS FLOOR AREA OF THE HOUSE.
CONVERTING THE STRUCTURE INTO AN ACTUAL GARAGE WITH FOUR COMPLETE SIDES AND A GARAGE DOOR WILL IN NO WAY CHANGE OR IMPACT THE CHARACTER OR APPEARANCE OF THE HOUSE.
IN FACT, IT WILL IMPROVE THE HOME'S APPEARANCE AS THE EXISTING CARPORT IS UNSIGHTLY AND PROVIDES INADEQUATE PRIVACY AND SECURITY.
NEARLY EVERY OTHER HOME IN THE NEIGHBORHOOD HAS A FULL BARR GARAGE.
ALSO, THERE ARE NO ENVIRONMENTAL FEATURES OR STEEP SLOPES THAT WOULD BE AFFECTED BY THIS CONVERSION GOAL OF THE APPLICANT CANNOT BE ACHIEVED BY SOME OTHER FEASIBLE MEANS WITHOUT REQUIRING THE VARIANCE WE ARE GRANTING BECAUSE THE CARPORT IS A SIGNIFICANT EXISTING STRUCTURE THAT IS ATTACHED TO THE HOUSE VIA A DOOR TO THE INSIDE OF THE HOUSE.
THERE IS NO OTHER PLACE TO LOCATE A GARAGE WITHOUT EXCEEDING THE F A R REQUIREMENT OR IN OR INCURRING SIGNIFICANT COSTS AND UNNECESSARY DISRUPT DISRUPTION AND DISTURBANCE TO THE SITE.
THE REQUESTED F A R VARIANCE IS NOT SUBSTANTIAL IN RELATION TO THE REQUIREMENTS OUGHT TO BE VARIED IN THAT THE PERMITTED GROSS FLOOR AREA IS 2,967 SQUARE FEET AND THE REQUESTED GROSS FLOOR AREA IS 3342.5 SQUARE FEET, AN INCREASE OF 375.5 SQUARE FEET OR A 13% INCREASE IN THE OVERALL GROSS FLOOR AREA.
HOWEVER, IT SHOULD BE NOTED THAT THE FOOTPRINT OF THE CARPORT AND THE OVERALL BULK OF THE STRUCTURE WILL NOT CHANGE FROM EXISTING CONDITIONS.
THE APPLICANT'S NEED FOR THE VARIANCE WAS SELF-CREATED BECAUSE THEY PURCHASED THE PROPERTY WITH KNOWLEDGE OF THE REQUIREMENTS OF THE ZONING ORDINANCE.
HOWEVER, THE FACT THAT AN APPLICANT'S NEED FOR AN AREA OF VARIANCE IS SELF-CREATED DOES NOT BY ITSELF REQUIRE US TO DENY AN AREA OF VARIANCE.
AND THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 2113.
AND WHERE IS THE GREENBERG C B A AS REVIEWED THE ABOVE? UH, MADAM CHAIR? YES.
WAS THAT VOTE SECONDED BY ANYBODY? WHICH ONE? I'M SORRY.
UH, THE ONE CHRISTIE JUST DID FOR 2112.
AS FAR AS I KNOW IT WAS, YOU COULD ASK EDDIE.
NOT ONLY RAISED HIS HAND, BUT HE ACTUALLY SPOKE
MADE SURE I WAS, I I HEARD LOU.
BACK TO 2113 G H PAXTER, L L C, UH, 55 55 AND 5 65 PAXTER ROAD ELMSFORD.
AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SEEK COMPLIANCE, AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
[02:40:01]
IN FAVOR? AYE.I MOVE THAT THE APPLICATION IN CASE NUMBER 2113 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE, SAME WITH THE BUILDING DEPARTMENT, AND THAT CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED NOVEMBER 10TH, 2019 AND TIMESTAMPED RECEIVED ON APRIL 15TH, 2021, SUBMITTED IN SUPPORT OF THIS APPLICATION.
OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN, THAT THE VARIANCE IS BEING GRANTED OF FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.
ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
FURTHER, THE FOLLOWING CONDITIONS SHALL BE MET, WHICH IS TO PROVIDE PLANTING AROUND THE R P Z HOT BOX AT THE ADVICE OF THE FORESTRY OFFICER AND TO MAINTAIN SUCH PLANTING FROM DISEASE, DYING OR DEATH.
I WAS THINKING, DID WE HAVE, DID WE HAVE ANY WITH NEXT, WITHIN THE NEXT SEASON? WELL, I DIDN'T PUT THAT IN THOUGH.
UM, FINDINGS IN GRANTING THIS APPLICATION, THE ZONING BOARD HAS WEIGHED THE BENEFIT TO BE DERIVED BY THE APPLICANT FROM THE PROPOSED VARIANCE AGAINST THE IMPACT THAT THE VARIANCE WOULD HAVE ON THE SURROUNDING NEIGHBORHOOD.
WE HAVE FOUND THAT GRANTING THE VARIANCE WILL NOT RESULT IN A DETRIMENT TO NEARBY PROPERTIES AND WILL NOT ADVERSELY IMPACT THE CHARACTER OR PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT PROVIDED THE CONDITIONS ABOVE OUR FULLY COMPLIED WITH.
BECAUSE THE REQUIRED VARIANCE IS REQUIRED IN ORDER TO INSTALL A REDUCED PRESSURE ZONE DETECTOR AS REQUIRED BY THE NEW YORK STATE BUILDING CODE ON THE EXISTING WATER SUPPLY, THE R P Z WILL BE INSTALLED ADJACENT TO A HIGHLY TRAFFICKED ROADWAY.
AND ACROSS THIS ROADWAY IS A MULTI-FAMILY DEVELOPMENT AND ADDITIONAL OFFICE SPACE WITH ASSOCIATED PARKING.
THE GOAL OF THE APPLICANT CANNOT BE ACHIEVED BY SOME OTHER FEASIBLE MEANS WITHOUT REQUIRING THE VARIANCE.
THE VARIANCE WE ARE GRANTING NOW BECAUSE THE R P Z IS REQUIRED TO BE INSTALLED ON THE EXISTING WATER SERVICE IN ORDER TO COMPLY WITH APPLE APPLICABLE RULES AND REGULATIONS AND THE LOCATION AND CONFIGURATION OF THE EXISTING WATER SYSTEM METER PIT AND THE SERVICE VALVES ARE FIXED, THE R P Z MUST BE INSTALLED IN CLOSE PROXIMITY TO THESE EXISTING FIXTURES.
THE REQUESTED VARIANCE IS NOT SUBSTANTIAL IN RELATION TO THE REQUIREMENT SOUGHT TO BE VARIED IN THAT THE REQUIRED RELIEF IS 13.8 FEET COMPARED WITH 50 FEET REQUIRED, WHICH IS A 7.2% INCREASE.
AND THE APPLICANT'S NEED FOR THE VARIANCE WAS NOT SELF-CREATED BECAUSE THE R P Z IS REQUIRED TO BE INSTALLED ABOVE GRADE AS REQUIRED BY THE NEW YORK STATE BUILDING CODE WITHIN A HEATED ENCLOSURE, AND IN CLOSES PROXIMITY TO THE EXISTING MAIN SERVICE CONNECTION AND METER PIT, THE RESULTING LOCATION NECESSITATES THE AREA VARIANCE FOR THIS ACCESSORY STRUCTURE WITHIN THE REQUIRED FRONT YARD SET BANK.
THAT WAS A VERY COMPLICATED
THE ONLY THING IS, UH, LOU, YOUR MATH I BELIEVE WAS OFF RIGHT? DID YOU SAY 7%? IT WAS 50 SOMETHING TO 30 SOMETHING.
I DID, I DID DO THE MATH WRONG.
[02:45:01]
RIGHT.I DIDN'T MOVE THE DECIMAL POINT OVER FAR ENOUGH.
SO IT'S A 72, SO IT IS SUBSTANTIAL.
CHANGE THAT TO, UH, SUBSTANTIAL AND IT'S 72% DEBBIE'S.
IF YOU HAVE, YOU CAN EMAIL IT TO ME AND I'LL FORWARD IT TO DEBBIE IF YOU WANT TO.
UH, EVE, YOU, YOU AND CHRISTIE AS WELL FORWARDED IT? I DID.
CAN'T ADJOURN WITHOUT YOU EVE.
I'M, I'M RECOVERING FROM RECOVERING FOR TOO MUCH SUN LAST WEEK AND THE WEEK BEFORE.
TUNE IN TOMORROW AT ABOUT 10 O'CLOCK.
HAVE A GOOD, A GOOD GOODNIGHT EVERYONE.