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IN ANY EVENT, NO, I HAVE THE AGENDA.[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS GREENBURGH TOWN HALL AGENDA THURSDAY, June 17, 2021 – 6:00 P.M. Due to the COVID-19 pandemic, there will be no public gathering in Town Hall for this meeting. If you would like to watch the meeting, you may do so via the Town's website or via cable television. If you would like to participate in one or more of the public hearings, you must pre-register through the Department of Community Development and Conservation by emailing publichearing@greenburghny.com or calling 914-989-1538, specifying the applications that you would like to speak on. Instructions to participate will then be emailed to you or you will receive a return phone call. ]
UM, THIS IS THE ZONING BOARD OF APPEALS, AS WE KNOW.I DON'T KNOW WHY, WHAT I'M DOING WRONG WITH MY SCREEN TODAY.
CAN YOU PUT THAT BACK UP AGAIN, JAR? I'LL HAVE THE ONE FOR THE 17TH.
I JUST DIDN'T KNOW IF THAT WAS MESSING YOU UP, BUT, UH, IF YOU, BUT I'M GONNA SHARE A SCREEN AGAIN WITH THE AGENDA AND THEN YOU CAN TAKE IT AWAY.
THE MEETING OF THE ZONING BOARD OF APPEALS FOR THE TOWN OF GREENBURG WILL NOW COME TO ORDER.
WE HAVE NINE CASES SCHEDULED ON TODAY'S AGENDA, HOWEVER, CASE 2111 HAS REQUESTED AN ADJOURNMENT.
PLEASE NOTE THE ZONING BOARD HAS OUR NEXT REGULAR MEETING ON THURSDAY, JULY 15TH.
AS USUAL, IF WE DO NOT COMPLETE HEARING ANY CASE TODAY, IT WILL BE ADJOURNED FOR ANOTHER MEETING TO HOPEFULLY BE COMPLETED AT THAT TIME.
ALSO, AS IS USUAL, WE WILL WAIVE A 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 TODAY'S CASES, THE BOARD WILL MEET IN A ZOOM ROOM TO DISCUSS THE CASES WE'VE HEARD TODAY.
EVERYONE IS WELCOME TO LISTEN TO OUR DELIBERATIONS, BUT THE PUBLIC WILL NOT BE PERMITTED TO SPEAK OR PARTICIPATE DURING THEM.
AFTER OUR DELIBERATIONS, WE COME BACK ON THE FORMAL RECORD TO ANNOUNCE OUR DECISIONS AND FOR, AND FOR THAT TO BE BROADCAST AND PROVIDED TO THE COMMUNITY.
IF YOU'RE GOING TO SPEAK TODAY, PLEASE CLEARLY STATE YOUR NAME AND ADDRESS OR YOUR PROFESSIONAL AFFILIATION.
IF YOU'RE NOT A NAMED APPLICANT, PLEASE SPELL YOUR NAME FOR THE RECORD.
WE HAVE HEARD TESTIMONY ON SOME OF THESE CASES AT PRIOR MEETINGS.
ALL PRIOR TESTIMONY IS ALREADY IN THE RECORD AND SHOULD NOT BE REPEATED.
AND TODAY'S FIRST CASE TO BE HEARD IS A COMBINATION OF CASES, WHICH IS CASE 2103 AND 2104, UH, TOWN OF GREENBURG, PLANNING BOARD, AND THE COUNCIL OF CIVIC ASSOCIATIONS.
UH, DO WE HAVE SOMEONE WHO IS GOING TO ADDRESS WITH RESPECT TO THOSE CASES TONIGHT? UH, UH, CHAIRWOMAN, IF I, IF I COULD JUST STEP IN FOR A MOMENT.
I JUST WANTED A POINT OF CLARIFICATION.
UH, CAROL, IF YOU COULD LET US KNOW, I BELIEVE THAT THE WESTCHESTER SQUARE APPLICANT REQUESTED AN ADJOURNMENT, UM, IN CASE THERE WAS ANYONE THAT WAS INTERESTED IN THAT CASE.
BUT CAROL, ARE YOU ABLE TO VERIFY THAT FOR US AS CAROL WALKER? ARE YOU ON? CAN YOU UNMUTE AND AND GIVE US AN UPDATE THERE, PLEASE? IF YOU'RE TALKING ABOUT 2109, SHE DID SEND US A EMAIL THAT, THAT ONE THEY WERE COLLECTING IN AD A SECOND ADJOURNMENT.
AND IS THAT THE CASE THAT YOU INDICATED, UH, CHAIRWOMAN BONDING? NO, I INDICATED, UM, CRO AND ME KOFF AND BENZO PROPERTY ON LAUREL STREET.
JUST AS A POINT OF CLARIFICATION, THE, UM, WESTCHESTER SQUARE APPLICATION 2109, I BELIEVE, UH, HAD ALSO REQUESTED AN ADJOURNMENT.
UM, SO IF, IF THAT'S, UM, IF THERE ARE, UH, RESIDENTS THAT ARE ON FOR THAT ONE, I JUST, YOU KNOW, IF THE, IF, IF THE BOARD WANTED TO IDENTIFY THAT, THAT WILL BE ADJOURNED, UH, THEREFORE RESIDENTS WOULD KNOW AND, AND THEY CAN STAY ON IT.
IF THEY STILL CHOOSE, THEY'LL HAVE TO VOTE TO VOTE TO VOTE ON IT.
AND IS THAT SOMETHING THAT COULD BE DONE AT THE BEGINNING OF THE MEETING? YOU COULD DO THAT NOW, EVE.
WELL, LET'S, UH, THEN LET'S TAKE CASE 2109.
THAT'S PROPERTY AT 20, I'M SORRY, 2 15, 3 0 5 NORTH CENTRAL AVENUE PARKDALE.
UM, DO WE HAVE THE APPLICANT, SINCE THE APPLICANT HAS REQUESTED, UH, TO ADJOURN, IS THERE ANYONE WHO, UM, WOULD MAKE A MOTION WITH RESPECT TO THAT, THAT A MOTION THAT 2109 BE ADJOURNED? ANY SECOND? SECOND.
SO FOR ANY RESIDENTS THAT WE'RE INTERESTED IN THAT CASE, UM, YOU CAN CHECK IN WITH THE DEPARTMENT OF CD AND C AND WE CAN GIVE YOU AN UPDATE, BUT, UM, IT WILL BE PRESUMED THAT THAT WOULD BE ON NEXT MONTH.
AND IF I COULD, JUST AS A ANOTHER POINT OF CLARIFICATION, WITH RESPECT TO THE, UH, Z B A CASE 2111, UM, THAT HAS REQUESTED THE SECOND ADJOURNMENT, I DO BELIEVE THERE ARE RESIDENTS ON THAT HAD AN INTEREST IN THAT CASE.
UM, IF THE BOARD COULD JUST GIVE AN UPDATE ON, ON, ON THE PROCESS.
UM, I, I, I, I KNOW A RESIDENT SENT IN AN EMAIL, UM, BUT I, I JUST WANTED TO AS A POINT OF CLARIFICATION, TO LET RESIDENTS KNOW WHEN
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A, A SECOND ADJOURNMENT IS REQUESTED, UM, IF THE RESIDENT WANTED TO KNOW IF THEY COULD MAKE A STATEMENT, WHAT THE PROTOCOL IS THERE.I JUST WANTED TO RELAY THAT TO THE, UM, ANY RESIDENTS THAT WERE INTERESTED IN THAT CASE WHO MAY BE ON BEFORE YOU GET TO THAT POINT, THE BOARD HAS TO VOTE WHETHER OR NOT TO GRANT THE VARI THE ADJOURNMENT.
AND IN THE INTEREST OF, UM, YOU KNOW, THAT BEING THE SIXTH ITEM, THEY CAN HEAR, THEY CAN HEAR FROM THE RESIDENTS IF THEY OPPOSE THE ADJOURNMENT.
SO IN THE INTEREST OF THAT BEING THE SIXTH ITEM, I JUST DIDN'T KNOW IF THAT WANTED TO BE, UH, IF, IF THERE WAS AN OPPORTUNITY TO TAKE THAT UP, UH, IN THE INTEREST OF HAVING RESIDENTS ON THAT, UM, COULD UNDERSTAND WHAT'S GONNA HAPPEN WITH THAT.
WELL, WHAT I, WHAT WE NORMALLY SUGGEST TO RESIDENTS IS THEY COULD PUT THEIR, UH, POSITIONS IN WRITING THAT CERTAINLY COULD BE ADOPTED, EVEN IF THEY DO NOT GET TO BE HEARD TONIGHT.
UM, I ASSUME THAT THERE IS NO ONE HERE ON THE APPLICANT'S BEHALF, 2111.
WOULD THAT BE A CORRECT STATEMENT? I BELIEVE THAT'S CORRECT.
IS THAT CONFIRMED, CAROL? YEAH.
THEY, THEY, THEY DID REQUEST THAT ADJOURNMENT.
SO THEY'RE NOT HERE TO SPEAK THEN? UM, DO WE KNOW CAROL, THE REASON FOR THE, UH, THE REQUEST FOR THE ADJOURNMENT OR NOT? OKAY.
CAROL, WE, YOU'RE INAUDIBLE NO, UH, NO AUDIO COMING OUT.
SO, UM, GOTTA FIGURE OUT WHAT'S GOING ON THERE WITH YOUR DEVICE.
WHY DON'T WE JUST GRANT IT AS OF RIGHT? WELL, YOU'RE NOT GRANTING IT AS OF RIGHT.
WE'RE REVISING THEIR FLOOR PLANS, AND THEY WEREN'T GOING TO HAVE THEM FINISHED BY THIS, UH, THIS MEETING.
THAT'S WHY THEY ASKED FOR THE ADJOURNMENT FOR NEXT MONTH.
I JUST, I BELIEVE THERE WAS AN, UH, THERE WAS A LETTER.
SO THEN, DO WE HAVE A MOTION ON, UH, 2111 TO, UM, GRANT? THEY REQUESTED SECOND ADUR.
RON, IS THAT YOU? I THINK IT WAS THE MOTION.
ALL IN FAVOR? YOU, ANYONE HAS ANY OBJECTION? YES.
ANYONE HAVE ANY OBJECTION TO, UH, ADJOURNMENT BEING GRANTED? ANYONE? CAN YOU HEAR ME NOW? I CAN HEAR YOU NOW.
SO, AS YOU, AS THEY SAID, THERE WAS A LETTER SENT REQUESTING THE SECOND ADJOURNMENT.
THEY'RE ADDING TO THEIR PLANS AND NOT NECESSARILY MODIFYING WHAT THEY'VE ALREADY SUBMITTED, BUT THEY, IT WOULDN'T BE, IT WASN'T GONNA BE READY BY THE MEETING, SO THAT'S WHY THEY ASKED THE SECOND ADUR.
SO HAVING HEARD THAT, ARE THERE ANY, UH, IS THERE ANY OPPOSITION TO THE ADJOURNMENT? THERE IS OPPOSITION FROM NEIGHBORS AND THEY HAVE, UH, MANY OF THEM HAVE SUBMITTED, WHICH I HAVE FORWARDED TO THE BOARD.
WELL, I, BUT I BELIEVE THEY, WELL SEE THEIR OBJECTIONS, BUT I DON'T KNOW THAT I'VE SEEN THEM OBJECTING TO ANY ADJOURNMENT IS WHAT I'M, OH, NO, I DON'T THINK THERE, THERE WAS AN OBJECT, AN OBJECTION TO THE ADJOURNMENT.
SO UNDER THAT CIRCUMSTANCE, NOT HEARING ANY OBJECTIONS TO THE ADJOURNMENT, IS THERE A MOTION TO PERMIT THE APPLICANT TO HAVE
AND JUST FOR RESIDENTS THAT WERE INTERESTED, I WILL BE PRESUMED THAT THAT APPLICATION WILL BE ON NEXT MONTH, AND YOU CAN FEEL FREE TO CHECK IN WITH US, UH, PERIODICALLY OVER THE NEXT COUPLE WEEKS, AND WE WILL KEEP YOU INFORMED.
SO, UH, SORRY FOR, UH, BUSTING IN THERE, BUT I JUST WANTED TO DO THAT SO THAT RESIDENTS DIDN'T HANG ON FOR QUITE A LONG TIME, UH, ONLY TO FIND THAT INFORMATION OUT.
AND I'M GONNA STEP ASIDE AND WE CAN GET BACK TO BUSINESS.
AND ALSO, WE ALL DO RESPECT JARED, WITH ALL DUE RESPECT.
JUST ASK FOR THE RECORD IF THERE'S ANY OPPOSITION FOR THE RECORD.
IS THERE ANY OPPOSITION, ANY VOTES IN OPPOSITION FOR ANYONE WHO WAS HERE THIS EVENING? NO.
ANY MEMBERS OF THE BOARD WHO OPPOSE YOU? YOU HAD, OH, I THOUGHT I HAD, I THOUGHT I HAD.
ARE THERE ANY MEMBERS OF THE BOARD THE, UH, THAT ARE IN OPPOSITION TO THE
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ADJOURNMENT AT THIS TIME? OKAY.DO YOU LIKE TO TAKE ANOTHER VOTE? NO.
I JUST WANTED TO ADD, AGAIN, THAT IF THERE ARE ANY MEMBERS OF THE PUBLIC WHO WANTED TO ACTUALLY SPEAK ON THE APPLICATION AND SAYING THIS, BECAUSE I KNOW THE SUMMER'S COMING UPON THIS, AND THERE ARE A LOT OF, UM, THINGS THAT PEOPLE DO THAT TAKE THEM AWAY FROM THE AREA IF THEY WISH TO SUBMIT ANYTHING IN WRITING.
THAT DOES BECOME PART OF THE RECORD, AND WE DO CONSIDER IT.
MOVING BACK TO CASES 2103 AND 2104, UM, WHO WANTED TO ADDRESS FIRST THIS EVENING? UH, HI, MADAME CHAIR.
THIS IS, UH, LE SHERETTA, UH, FOR EAGLE ENERGY STORAGE PARTNER WITH THE LAW FIRM OF BLAKELY PLATT.
UM, AT THE LAST MEETING, MADAM CHAIR, MEMBERS OF THE BOARD, UH, THERE WAS A REQUEST THAT THE, THAT OUR, WELL, AGAIN, THIS IS THE APPLICATION APPEAL OF THE CIVIC ASSOCIATION AND THE PLANNING BOARD, BUT AT THE LAST MEETING, IT WAS ASKED THAT IF WE WOULD, UH, CONSENT TO ADJOURN, BECAUSE AS YOU KNOW, THE TOWN BOARD IS, UH, ENTERTAINING A LOCAL LAW WITH RESPECT TO BATTERY ENERGY, ENERGY STORAGE SYSTEMS. UH, THERE WAS A PUBLIC HEARING, UH, WITH RESPECT TO THAT LAW.
UH, IT WAS THE FIRST PUBLIC HEARING.
I KNOW THE BOARD, UH, CONTINUE THAT PUBLIC HEARING, AND I BELIEVE THEIR MEETING AGAIN NEXT WEEK.
UH, BUT FROM, FROM OUR STANDPOINT, AGAIN, ON BEHALF OF LEGAL ENERGY, WE HAVE REALLY NOTHING ELSE NEW TO OFFER.
MADAM CHAIR, I KNOW THIS, THIS BOARD'S HEARD A LOT OF TESTIMONY.
WE SUBMITTED, UM, PLENTY OF INFORMATION WRITING TO YOU.
SO I KNOW WE'VE BEEN OVER THIS QUITE A BIT OVER THE COURSE OF THE FEW MONTHS.
SO FROM OUR STANDPOINT, UM, YOU KNOW, GIVEN THE UNCERTAINTY AND AS TO WHEN THAT LOCAL LAW IS GOING TO BE ADOPTED, YOU KNOW, AT THIS POINT ON BEHALF OF EAGLE, WE WOULD, YOU KNOW, HOPEFULLY THAT THE BOARD COULD RENDER A DECISION ON THIS MATTER.
BECAUSE AGAIN, FROM OUR STANDPOINT, THE LOCAL LAW IS ONE THING, BUT THE APPEAL HERE REALLY HAS TO DO WITH THE INTERPRETATION OF THE BUILDING INSPECTOR.
SO, YOU KNOW, WE LOOK AT IT AS TWO SEPARATE ITEMS. UM, SO WITH RESPECT TO WHAT'S GOING ON WITH THE ZONING BOARD, MADAM CHAIR, MEMBERS OF THE BOARD, YOU KNOW, WE RESPECT RESPECTFULLY HOPE THAT THIS BOARD COULD AT LEAST, UH, RENDER DECISION ON THIS.
SO WE CAN AT LEAST CLOSE THE LOOP ON THIS AND, AND MOVE ON.
AND, UM, AT LEAST WITH MY CLIENT, YOU KNOW, DISCUSS, UH, WHAT, WHAT, WHAT OPTIONS WE HAVE.
BUT, UH, YOU KNOW, I KNOW THE PLANNING BOARD DID SEND RECOMMENDATIONS FROM THE LOCAL LAW.
WE'RE, WE'RE THANKFUL FOR THAT.
UH, BUT AGAIN, UH, WITH RESPECT TO THE, THE ISSUE OF THE INTERPRETATION, WE, WE, LIKE, WE WOULD HOPE THAT THIS E B A CAN CAN AT LEAST DECIDE THIS MATTER.
SO AGAIN, ON BEHALF OF EAGLE ENERGY, WE HAVE NOTHING REALLY MORE TO OFFER OTHER THAN THAT POINT, MADAME CHAIR.
SO, UH, YOU KNOW, I THINK YOU'VE HEARD A LOT OF TESTIMONY FROM, FROM EVERYONE HERE.
SO, AGAIN, ON OUR BEHALF, UH, THAT'S ALL WE'D LIKE TO ADD FOR THE RECORD THIS EVENING.
YES, MR. BERNSTEIN, UH, GIVEN THAT EAGLE IS NOT REQUESTING A FURTHER ADJOURNMENT OF THIS MATTER, UH, WHICH I WAS HOPING THEY WOULD DO BASED ON THEIR REPRESENTATION LAST MONTH, THAT THEY THOUGHT THE PROPOSED LAW WAS A LAW THAT THEY COULD WORK WITH, UH, AND, UH, GIVEN THE INTEREST THAT I'M SURE THIS BOARD WOULD HAVE IN TRYING TO AVOID HAVING TO DECIDE MATTERS THAT REALLY AREN'T NECESSARY IF THE APPLICANT IS WORKING AND CONTINUING TO WORK WITH THE TOWN BOARD ON THAT LEGISLATION.
UH, SO I'M DISAPPOINTED TO HEAR MR. SHERETTA, UH, NOT, UH, CONTINUE TO PURSUE THAT PLAN.
UM, BUT THAT'S HIS RIGHT AS IS OUR RIGHT TO ON BEHALF OF THE COUNCILOR GREENBERG CIVIC ASSOCIATIONS, UH, TO ASK THAT THE BOARD, UH, RENDER A DECISION.
AND I RESPECTFULLY REFER THE BOARD TO MY MOST RECENT SUBMISSION, WHICH WAS ON MAY 10TH, 2021, IN WHICH I SET FORTH IN DETAIL WITH CITATION TO LEGAL AUTHORITY.
UH, ONE, WHY THE Z B A IS LEGALLY AUTHORIZED UNDER TOWN CODE AND THE TOWN LAW UPON REQUEST BY THE PLANNING BOARD TO VACATE AN INTERPRETATION BY THE BUILDING INSPECTOR.
IF THE Z B A CONCLUDES THAT SUCH INTERPRETATION IS INCONSISTENT WITH THE TOWN ZONING LAW.
SECONDLY, WHY SEPARATE AND APART FROM THE PLANNING BOARD'S REQUEST, THE C G C A DOES HAVE LEGAL STANDING TO APPEAL FROM THE BUILDING INSPECTOR'S INTERPRETATION.
AND THIRDLY, WHY AS THE FINAL ARBITER OF THE TOWN'S ZONING LAW, IT WOULD BE CONTRARY TO THE PUBLIC POLICY OF THE STATE OF NEW YORK FOR THE Z B A TO DECIDE NOT TO ADDRESS THIS CHALLENGE BY THE PLANNING BOARD AND THE C G C A TO THE BUILDING
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INSPECTOR'S INTERPRETATION, AND THEREBY INSULATE THAT GOVERNMENT ACTION FROM SCRUTINY.UM, I MIGHT ADD THAT EVEN IF, UM, MR. SHEA'S CLIENT WERE TO WITHDRAW ITS, UM, APPLICATION UNDER THE, UM, UH, REQUEST FOR A SPECIAL PERMIT UNDER THE EXISTING ZONING CODE, UM, UH, THAT THE BUILDING INSPECTOR SAID WAS, UH, UM, PERMISSIBLE TO GO FORWARD, WHICH IS WHAT WE'RE CHALLENGING, EVEN IF HE WERE TO WITHDRAW THAT REQUEST, UM, THERE WOULD STILL BE THE ISSUE OF THE BUILDING INSPECTOR'S INTERPRETATION BEING, UH, ALLOWING, UM, SOLAR FARMS AND WIND TURBINES TO BE LOCATED IN ANY RESIDENTIAL ZONING DISTRICT IN THE TOWN UNDER THAT, UH, UH, PROVISION OF THE CODE WITH RESPECT TO PUBLIC UTILITY STRUCTURES.
SO THAT'S STILL A LIVE ISSUE, EVEN IF THEY WITHDRAW THEIR APPLICATION AND PROCEED UNDER THE NEWTOWN LAW, SINCE THE NEWTOWN LAW ONLY DEALS WITH BATTERY, ELECTRIC STORAGE SYSTEMS DOES NOT DEAL WITH, UH, SOLAR AND DOES NOT DEAL WITH WIND, UM, MY SUBMISSION ON MAY 10TH, UM, IS REALLY A LEGAL ARGUMENT.
UM, AND SO I DON'T WANNA, UM, OR, UM, TO REHEARSE OR REGURGITATE WHAT I ALREADY PUT OUT IN WRITING WITH CITATION TO LEGAL AUTHORITY.
BUT I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.
BOARD MEMBERS MIGHT HAVE, UM, SOME OF THIS, UH, ARGUMENT WITH RESPECT TO THE AUTHORITY OF THE ZONING BOARD TO HAVE JURISDICTION OF A REQUEST FROM THE PLANNING BOARD UNDER RULES DIFFERENT FROM DISTINCT FROM THE RULES GOVERNING APPEALS.
THAT IS SOMETHING THAT I, UH, LAID OUT IN AN ORAL ARGUMENT BEFORE THIS BOARD, UH, TWO MONTHS AGO.
BUT THE, UH, MAY 10 SUBMISSION PROVIDES IN WRITING THE CITATIONS TO THE STATUTES AND THE TOWN CODE PROVISIONS AND, UH, THE TOWN WEBSITE FOR THE Z B A, WHICH ALSO REITERATES THIS.
AND I QUOTE FROM THE HEARING NOTICE, WHICH ADDRESSES THIS AS WELL.
UH, THE LEGAL AUTHORITIES THAT I CITED FOR THE PROPOSITION THAT THE C G A CA HAS STANDING HERE ARE BASICALLY, UH, THE, UH, UM, COURT OF APPEALS DECISION, UH, IN DOUGLASTON, CIVIL ASSOCI CIVIC ASSOCIATION VERSUS GALVIN FROM 1974, WHICH EXPLAINED THE RATIONALE WHY, WHY CIVIC ASSOCIATIONS SHOULD HAVE STANDING IN DEALING WITH ZONING, UH, ISSUES.
UM, AND, UH, I ALSO, UM, CITED, UM, UM, UH, UH, THE CASE LAW WITH RESPECT TO, UM, AN ARGUMENT THAT WAS RAISED THAT THE INDIVIDUAL RESIDENT WE IDENTIFIED, UH, AS HAVING PROPERTY 1200 FEET AWAY.
IT WAS ARGUED, WELL, THAT'S NOT PROPERTY THAT'S CLOSE ENOUGH TO BE IMPACTED FOR PURPOSES OF BEING AGGRIEVED.
AND I CITE AUTHORITY FROM THE SECOND DEPARTMENT THAT SAYS, CIVIC ASSOCIATIONS DO HAVE LEGAL STANDING EVEN WHERE THE INDIVIDUAL PROPERTIES ARE AS FAR AWAY AS 1500 FEET.
UM, THAT'S STILL GOOD LAW IN NEW YORK.
UH, AND, AND SO I WOULD RESPECTFULLY REQUEST THAT THE BOARD, UM, USE THOSE LEGAL AUTHORITIES TO SUPPORT A FINDING THAT THE C G C A DOES INDEED HAVE STANDING HERE TO MAKE THE ARGUMENTS THAT WE'RE MAKING.
AND LASTLY, UM, I KNOW THERE WAS DISCUSSION AND DELIBERATION ABOUT THE POSSIBILITY THAT THE BOARD COULD CONCLUDE UNANIMOUSLY THAT THE BUILDING INSPECTOR'S DECISION WAS, WAS WRONG, BUT THAT IT DOESN'T HAVE JURISDICTION TO DECIDE THE MATTER BECAUSE THE PLANNING BOARD'S, UH, REQUEST WAS UNTIMELY IF CONSIDERED AN APPEAL, AND THE CGCAS REQUEST, UH, DOESN'T SATISFY STANDING REQUIREMENTS.
AND THERE, I CITE AUTHORITY IN NEW YORK THAT SAYS FOR THE, THAT, THAT THE, THE Z B A SHOULD NOT CONSTRUE STANDING SO NARROWLY AS TO AVOID HAVING JURISDICTION WHERE THE EFFECT OF DOING SO IS TO LEAVE GOVERNMENT ACTION WITHOUT BEING SCRUTINIZED.
UM, AND THAT IS THE PUBLIC POLICY IN THE STATE OF NEW YORK.
UH, YOU HAVE THE DISCRETION TO CONSTRUE STANDING SO AS NOT TO PERMIT AN ACTION TO GO UNCHALLENGED IF IT OTHERWISE
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WOULDN'T BE, UH, HEARD.UH, AND SO WITH THAT, UM, THAT'S IN ESSENCE WHAT I HAVE SAID IN MY MAY 10TH SUBMISSION, UH, WHICH, UH, HAS THE CITATION TO THE LEGAL AUTHORITIES.
AND AGAIN, I'D BE HAPPY TO ANSWER ANY QUESTIONS.
THE BOARD MAY HAVE ANY QUESTIONS FROM THE BOARD.
HEARING NONE, IS THERE ANYONE ELSE WHO WISH TO ADDRESS? YES, MR. SIMON? WELL, GOOD EVENING CHAIRMAN BUNTON SMITH, MEMBERS OF THE ZONING BOARD OF APPEALS.
UH, UH, I TOO ARE SOMEWHAT, UH, UH, UH, DISAPPOINTED THAT MR. RETTA DECIDED, WHICH IS, AND I REPEAT, THIS IS ABSOLUTE RIGHT, UH, UH, UH, UH, TO WANT TO MOVE FORWARD, UH, WITH THE DECISION, WHICH IS, UH, UH, WHICH WE, UH, PERFECTLY, UH, FEEL THAT WE WE COULD ALSO MOVE FORWARD.
UH, I JUST WANTED TO REITERATE THAT, UM, YOU KNOW, THAT YOU SHOULD HAVE, UH, RECEIVED A COPY OF THE DRAFT, THIS LAW, WHICH IS SENT TO THE TOWN BOARD AND THE PROPOSED LAW IS WHAT I INDICATED WHAT WAS NEEDED.
THE VERY FIRST, UH, UH, MEETING THAT WE HAD, UH, WITH THIS Z, WITH THE Z B A, UM, OUR, THE PLANNING BOARD POSITION ALL ALONG WAS NOT IN OPPOSITION TO THIS TECHNOLOGY, BUT RATHER THE CURRENT CODE WAS NOT APPLICABLE.
AND THE BISS LAW, UH, WAS REQUIRED ALONG WITH THE VICE CHAIR, THE PLAN OF THE PLANNING BOARD, THE CHAIR, AND THE VICE CHAIR OF THE CONSERVATION ADVISORY COMMITTEE, THE RESIDENT AND A BUSINESS OWNER.
WE MET WEEKLY FOR THREE MONTHS AND MET THE TOWNS APRIL 9TH DEADLINE FOR SUBMITTING A DRAFT.
SUBSEQUENTLY, THE PLANNING BOARD HELD TWO WORK SESSIONS ON THE BIS LAW AND MADE A POSITIVE RECOMMENDATION TO THE TOWN BOARD.
I SAY THESE THINGS TO DOCUMENT NOT ONLY THE COMMITMENT OF THE PLANNING BOARD TO HAVE A BIS LAW IN PLACE THAT SERVES THE TOWN AND THE APPLICANT, BUT ALSO TO DEMONSTRATE THAT THE PLANNING BOARD WAS COMMITTED TO THE WORK TO MAKE IT HAPPEN.
I THINK THAT WE HAVE, UH, IN PREVIOUS TESTIMONY HAVE CLEARLY, UH, UH, SHOWED, UH, THE MERITS OF THE CASE THAT, UH, THE PLANNING BOARD WAS ON SOLID GROUND, UH, FOR THIS APPEAL, AND THE APPEAL HAS MERIT.
THE ONLY OUTSTANDING ISSUE WAS, UH, THAT SEEMS TO STILL FLOAT AROUND, IS THE ONE OF TIMELINESS.
UH, WE, UM, AT THE LAST MEETING, THE VICE CHAIRMAN WAS UNABLE TO SUBMIT ADDITIONAL INFORMATION ON THE ISSUE OF TIMELINESS SINCE THE BILL WAS ADJOURNED, BUT SEEING HOW WE ARE MOVING FORWARD THIS EVENING, THEN, UH, UH, UH, WITH THE APPEAL PROCESS, UH, I REQUEST THAT VICE CHAIRMAN SWAR HAVE THE OPPORTUNITY TO PROVIDE ADDITIONAL INFORMATION ON THE TIMING ISSUE.
IS THERE ANYONE ELSE THAT WISHES TO BE HEARD ON THIS MATTER? YES, I DO.
THANK, THANK YOU VERY MUCH, MUCH.
GOOD EVENING CHAIRPERSON BUNTING SMITH AND MEMBERS OF THE BOARD, UM, FROM LISTENING TO THE WORK SESSION IN APRIL, UH, IT APPEARS THAT THE ONLY OPEN ISSUE AT THIS TIME IS THE TIMELINESS OF THE PM AM I CORRECT THAT, THAT YOU HAVE A SUFFICIENT INFORMATION? UH, AS I RECALL FROM THE WORK SESSION, THERE WAS A UNANIMOUS VOTE, UH, STRAW VOTE, NOT A, AN OFFICIAL VOTE.
UH, THAT, THAT I KNOW SAID THAT THE BUILDING INSPECTOR'S, UH, DECISION WAS INCORRECT.
UM, IF THAT'S WHERE WE STAND, I WILL NOT REINFORCE ANY OF THE ISSUES SURROUNDING THE MERITS OF, UH, OUR APPEAL.
THAT'S A QUESTION TO TO, TO, THAT'S A QUESTION, BUT WE HAVE DIFFERENT BOARD MEMBERS HERE TONIGHT, SO WE WOULD HAVE TO TAKE A VOTE TO SEE IF THAT IS CORRECT OR NOT.
I MEAN, I, I HAVE FIVE QUICK POINTS TO, TO REINFORCE THAT ARGUMENT IF YOU'D LIKE.
IF NOT, I WILL MOVE ON TO THE TI TIMING.
I DON'T WANNA BE REDUNDANT, DON'T WANNA TAKE UP TOO MUCH OF YOUR TIME, BUT I DO HAVE, UH, MAYBE TWO MINUTES JUST TO REINFORCE WHAT THE PLANNING BOARD'S, UH, THE CRUX OF THE PLANNING BOARD'S ARGUMENT WAS.
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MINUTES.UM, THE ISSUE, SINCE THE ISSUE ISN'T COMPLETELY CLOSED, UM, I, I'LL BRIEFLY HIGHLIGHT THE REASONS THE PLANNING BOARD FEELS THE PROJECT IS NOT QUALIFY UNDER SECTION 2 85 DASH 10.
IT'S OUR POSITION THAT THE EAGLE ENERGY DOES NOT QUALIFY AS A, A PUBLIC, UH, UTILITY UNDER TOWN CODE.
IT DO, DOES NOT SELL OR SERVICE THE PUBLIC AND IS NOT REGISTERED IN THE SAME MANNER OF PUBLIC UTILITY AS REGULATED BY THE GOVERNMENT.
THIS MAY HAVE BEEN ONE OF THE CONFUSIONS AT THE TIME.
THE, UH, BUILDING INSPECTOR, UM, GOT THE, UH, APPLICATION AND MADE HIS, UH, WHAT APPEARS TO BE HIS DECISION IN SEPTEMBER, BECAUSE THE INFORMATION AT THE TIME WAS DIFFERENT THAN WE ULTIMATELY GOT ORIGINALLY.
WE, WE WERE, IT WAS, UH, IT, IT WAS COMMUNICATED TO US AND OUR UNDERSTANDING ON THE PLANNING BOARD WAS THEY WERE SELLING BACK TO, TO CONED.
IN FACT, WE FOUND OUT FROM CONED AS PART OF THE BATTERY COMMITTEE, UH, MR. SIMON AND I FOUND OUT THAT THAT IS NOT THE CASE.
THEY'RE USING CONED AS A CONDUIT FOR THEIR ENERGY, BUT IT IS SOLD ON THE ISO SYSTEM AND CAN GO ANYWHERE IN THE SYSTEM, NOT NE NECESSARILY THE CONED.
SO THEY DON'T SELL, SELL TO CONED.
AND AT NO TIME DID THEY SELL TO AN ULTIMATE CUSTOMER AT NO TIME.
SECOND 2 85 10 DID NOT AND COULD NOT HAVE ANTICIPATED THESE TYPE OF FACILITIES SINCE THE CODE WAS WRITTEN WELL BEFORE THESE TYPE OF FACILITIES EXISTED.
I THINK THAT'S OBVIOUS TO EVERYBODY.
THREE, THIS FACILITY IS MORE SIMILAR TO STRUCTURES EXCLUDED THAT THAN NOT, EXCLUDED FROM 2 85 10, AND THEREFORE IT CAN BE CONCLUDED, THE INTENT OF THE LAW WOULD'VE EXCLUDED THIS TYPE OF FACILITY.
IF YOU LOOK AT 2 85, 10, THE TYPES OF THINGS THAT EXCLUDED WITH LARGE STRUCTURES, THIS WAS MEANT FOR SMALL TRANSFORMERS, NOT FOR EIGHT ONE ACRE, UH, FACILITIES.
FOUR, TYPICAL TYPICALLY SPECIAL PERMITS FOR NON-CONFORMING USES THAT REQUIRE THE CONSTRUCTION OF A LARGE FACILITY LIKE THIS CONTAINS SPECIFIC LAND USE CRITERIA SUCH AS SETBACKS, DENSITY, F A R NO SUCH PROVISIONS ARE CONTAINED IN 2 85 10.
THAT IN ITSELF SHOULD BE A CLUE THAT THIS WAS NOT A, THIS KIND OF FACILITY WAS NOT ANTICIPATED IN 2 85 10.
TAKE A LOOK AT ALL THE OTHER SPECIAL PERMIT LAWS WE WRITE ON THINGS LIKE THIS.
WE HAVE VERY, VERY SPECIFIC, UH, CRITERIA WHEN WE MOVE AHEAD, LIKE THE C LOOK AT C C F, FOR EXAMPLE, UH, WITH WHERE THAT'S THE CASE.
FINALLY, 2 85, 10 A PARAGRAPH FOUR.
LITTLE B STATES THAT TO QUALIFY UNDER THE SECTION, AND I QUOTE, WHEN SAID FACILITIES ARE NEEDED TO SERVE THE TOWN OR THE IMMEDIATE NET NEIGHBORHOOD, THERE IS NO EVIDENCE IN THE RECORD WHATSOEVER THAT INDICATES THESE FACILITIES ARE NEEDED TO SERVE THE TOWN.
AND THERE IS NO GUARANTEE WHATSOEVER THAT THE ENERGY FROM THIS FACILITY WILL SERVE THE TOWN OR THE IMMEDIATE NEIGHBORHOOD.
SINCE THE ENERGY IS SOLD ON S O ON THE WHOLESALE ENERGY MARKET AND NOT IN CONTROL OF EITHER EAGLE ENERGY OR CON EDISON.
THAT'S NOT TO SAY IT'S NOT A GREAT FACILITY.
NOT TO SAY IT'S NOT GONNA HELP THE STATE GRID OVER TIME, BUT THAT'S NOT WHAT OUR LAW SAYS.
OUR LAW LAW SAYS THE IMMEDIATE NEIGHBORHOOD OF THE TOWN.
THERE IS NO GUARANTEE OF THAT.
AND THERE'S CLEARLY NO, UH, WE COULD SURVIVE WITHOUT THIS.
ARE WE BETTER WITH THIS? I THINK WE ARE, AND THAT'S WHY THE PLANNING BOARD PUSHED AHEAD AND APPROVE THE LAW.
WE THINK THESE ARE GOOD THINGS AND THAT WE AGREE WITH THE APPLICANT FOR SURE.
BUT IN TERMS OF A NEED AT THE TIME, THERE ISN'T ANY.
AND IT'S VERY CLEAR CUT IN THE LAW.
AND THAT AGAIN, TO, UH, THE BUILDING INSPECTOR, UH, BENEFIT OF THE DOUBT.
I DON'T THINK HE UNDER, HE MAY NOT HAVE UNDERSTOOD THAT BECAUSE FRANKLY, THE PLANNING BOARD DIDN'T UNDERSTAND THAT AT THE, THE INITIAL PRESENTATION AND REALLY DIDN'T UNDERSTAND THAT TILL LATER WHEN WE MET WITH, WHEN THE BATTERY, UH, THE BATTERY COMMITTEE MET WITH CON EDISON.
OKAY, THAT'S ALL I HAVE TO SAY ON THE MERITS OF, OF IT.
UH, MADAM, UH, CHAIRPERSON, I'D LIKE TO GO ON TO DISCUSS WHAT I THINK IS THE OPEN ISSUE HERE, WHICH IS THE TIMELINESS OF OUR APPEAL, IF YOU DON'T MIND.
WELL, WE'VE HEARD A LOT ON THAT ISSUE.
YOU HAVE SOMETHING NEW TO ADD? YES, I DO.
IT IT WON'T BE LONG, I PROMISE.
UM, DURING YOUR DELIBERATIONS AT THE LAST MEETING, UH, NOT THE LAST MEETING, APRIL MEETING, UH, MS. NECK OPINED THAT THE PLANNING BOARD SHOULD HAVE KNOWN THE BUILDING INSPECTOR'S OPINION SINCE THE BOARD TYPICALLY
[00:30:01]
ONLY GETS OPINIONS FROM THE BUILDING INSPECTOR WHEN THERE WAS AN ISSUE AND SUCH, COMMUNICATION WAS NOT RECEIVED BY THE PLANNING BOARD.NOW, THAT WOULD SEEM CORRECT IN A TYPICAL, UH, APPLICATION, BUT THAT'S ACTUALLY NOT WHAT WE DO.
WITH ALL DUE RESPECT, THIS IS NOT HOW THE PLANNING BOARD FINDS OUT ABOUT A BUILDING INSPECTOR INSPECTOR ISSUE.
THE OPERABLE DOCUMENT FOR THAT.
IT TYPICALLY IS A STAFF REPORT SENT BY THE PLANNING COMMISSIONER'S OFFICE TO THE PLANNING BOARD THE FRIDAY BEFORE THE WORK SESSION WITH THE APPLICANT.
I'LL WALK YOU THROUGH THE STEPS AND THIS PARTICULAR CASE IN A MOMENT BECAUSE I THINK YOU'LL SEE WHAT, WHAT I'M TALKING ABOUT BETTER THAT WAY.
BUT YOU ALSO NEED TO REMEMBER, THIS WAS NOT A ROUTINE APPLICATION.
IT WAS A NON-CONFORMING USE IN A RESIDENTIAL ZONE AND A USE THAT HAD NEVER, EVER BEEN APPLIED FOR IN THE TOWN OF GREENBURG AND NEVER BEEN HEARD BY THE PLANNING BOARD.
SO IN THIS CASE, STANDARD PROCEDURE WAS NOT SUFFICIENT TO INFORM THE PLANNING BOARD OF THE ZONING STATUS.
IN TERMS OF HOW WE WORK, WE WEREN'T EVEN AWARE OF THE PROJECT TILL OCTOBER 16TH, UH, 2020.
I, WE DON'T MONITOR EVERYTHING THAT COMES IN TO THE, TO THE TOWN UNTIL THE, OUR FIRST TIME SEEING IS WHEN IT COMES ON OUR AGENDA.
AND THE FIRST TIME WE SAW ANYTHING ON THIS WAS THE PLANNING COMMISSIONER'S REPORT ON OCTOBER 16TH.
UM, THOSE PACKETS, UH, WERE FOR THE OCTOBER 21ST MEETING, THEREFORE THE S SEPTEMBER 16TH, EXCUSE ME, I DUNNO WHAT THAT NOISE IS IN THE BACKGROUND.
UM, THE SEPTEMBER 16TH, THEY COULD NOT POSSIBLY BE THE CORRECT DATE.
THE SEPTEMBER 16TH, THE NICK SHIELD CLEARANCE FORM WAS NEVER SENT TO THE PLANNING BOARD.
WE, I WON'T GO INTO THAT ANYMORE.
UH, THAT HAS BEEN CONFIRMED BY MR. DUQUE.
UM, IT NEVER EVER WENT TO THE PLANNING BOARD TO THIS DAY.
I THINK THE FIRST TIME I SAW IT WAS AS PART OF THIS APPEAL.
UM, THE STAFF REPORT ON THE OCTOBER 16TH ACTUALLY RAISED A RED FLAG.
IT DIDN'T CLARIFY WHAT THE BUILDING INSPECTOR'S OPINION WAS.
THIS REPORT, ALONG WITH THE PLANS AND OTHER INFORMATION ARE INCLUDED IN THE PACKET.
THE STAFF REPORT INCLUDES THE SECTION ON ZONING.
SO YOU'D THINK THAT'S WHERE WE WOULD FIND THIS OUT.
THE OCTOBER 16TH REPORT ON EAGLE ENERGY, HOWEVER, CONTAINED THE FOLLOWING, AND I QUOTE ZONING VARIANCE.
THE APPLICATION HAS BEEN REVIEWED BY THE TOWN BUILDING INSPECTOR WHO HAS DETERMINED THAT NO AREA VARIANCES ARE REQUIRED IN CONNECTION WITH THIS PROJECT.
THAT'S WHERE THEY SAID, PLEASE NOTE THAT ONLY AREA EVENTS AREA VARI UH, VARIANCES WERE MENTIONED IN THE ZONING DISCUSSION THAT RAISED A RED FLAG 'CAUSE IT HAD NOTHING TO DO.
THIS HAD, THIS PROJECT HAS NOTHING TO DO WITH AN AREA VARIANCE.
IT HAS TO DO THE PRO PROJECT'S OVER A HUNDRED ACRES, AND THE DEVELOPMENT WAS LESS THAN TWO ACRES.
THE ISSUE WASN'T AN AREA VARIANCE.
THE ZONING ISSUE IS A USE VARIANCE.
IT'S A NON-CONFORMING USE IN A RESIDENTIAL ZONE AND REQUIRED TO BE COVERED UNDER A SPECIAL PERMIT OR SEEK A USE VARIANCE FROM THE Z B A TO MAKE IT EVEN MORE CONFUSING, THIS IS THE FIRST TIME WE'D EVEN SEEN AN APPLICATION LIKE THIS.
SO WE HAD NO IDEA WHAT, WHAT THE, WHAT THE BILLING INSPECTOR WAS THINKING.
SO THE RED FLAG ACTUALLY CAUSED ME TO INVESTIGATE.
WHEN I GOT THE PACKET, AND I GENERALLY LOOK AT IT THE DAY OR DAY OF THE MEETING, I IMMEDIATELY, UH, CALLED THE PLANNING DEPARTMENT AND MR. DUQUE WROTE BACK TO ME, AND MR. D DUANE'S EMAIL TOLD ME THAT THE APPLICANT HAD PROPERLY FILED UNDER 2 85 10, BUT HE NEVER MENTIONED THE BUILDING INSPECTOR'S OPINION EITHER.
SO WE STILL HAD NO IDEA WHAT THE BUILDING INSPECTION OPINION WAS.
THEN COMES TO THE MEETING ON THE 21ST.
FIRST OUR FIRST GOAL WAS TO SATISFY THE REQUIREMENT OF THE TOWN BOARD IN, IN OPINE ON THE, UM, SITE PLAN.
SO WE SPENT THE ENTIRE MEETING TALKING ABOUT THE SITE PLAN, NEVER EVEN GOT TO THE ZONING ISSUE AS A BOARD.
THE ONLY ONE TO MENTION ANYTHING ABOUT ZONING, AND I CAN PROVIDE THE TAPE, I WON'T DO IT TONIGHT, BUT IF YOU WANT IT, I'LL BE HAPPY TO DO IT.
AND AT THAT MEETING, MR. SHERETTA STATED THAT HE FELT EAGLE ENERGY QUALIFIED AS A PUBLIC UTILITY, AS HE SAID AGAIN TONIGHT, AND REFERRED THE PLANNING BOARD TO THE OPINION OF HIS CO-COUNSEL, MS. BRUCKNER.
CURIOUSLY, HE MADE NO MENTION WHATSOEVER OF
[00:35:01]
THE INITIAL SEPTEMBER 16TH DOCUMENT, WHICH HE NOW CLAIMS TO RELY ON.YOU KNOW, WHY REFER TO THE PLANNING BOARD, TO THE OPINION OF OUTSIDE COUNSEL IF HE ALREADY HAS CLEARANCE FROM, FROM THE BUILDING INSPECTOR.
I THEN, AFTER THE MEETING, VERBALLY REQUESTED FROM THE, THE PLANNING DEPARTMENT TO GO TO THE BUILDING INSPECTOR AND GET A WRITTEN OPINION FROM THE BUILDING INSPECTOR.
I DID THAT ON TWO OCCASIONS VERBALLY AND ONE OCCASION IN WRITING, AND NEVER GOT AN OPINION, NEVER GOT AN OPINION.
WE HAD ANOTHER MEETING COMING ON NOVEMBER 4TH, AND AT THAT MEETING, WE OFFICIALLY ASKED FOR A WRITTEN OPINION AND A CLARIFICATION.
NOW WE'VE PROVEN THAT IT WAS A CLARIFICATION, OKAY? THAT WAS PROVEN BY THE TAPE THAT YOU'VE SEEN, OKAY.
OF THE BILLING INSPECTOR'S OPINION, WE HAD NO IDEA WHAT HIS OPINION ACTUALLY WAS.
HAD HE EVEN CONSIDERED A USE VARIANCE.
SO WE NEEDED A WRITTEN OPINION.
SO THE FIRST TIME WE GOT THAT WRITTEN OPINION WAS ON NOVEMBER 12TH.
OUR APPEAL WAS FILED, I BELIEVE IT WAS NOV, UH, JANUARY 6TH.
WE ACTUALLY WANTED THE TOWN BOARD TO DO IT, UH, BECAUSE THEY WERE THE LEAD AGENCY.
UH, WE RECOMMENDED THAT TO THE TOWN IMMEDIATELY AFTER WE, AT OUR NEXT MEETING, AFTER WE SAW, UH, THE WRITTEN OPINION FROM THE BUILDING INSPECTOR.
UM, AND THE TIME BOARD DISCUSSED IT FOR TWO OR THREE MEETINGS, I THINK.
AND FINALLY, WHEN THEY HADN'T MADE A DECISION, HAD DECIDED NOT TO DO ANYTHING, WE TOOK ACTION BEFORE THE DEADLINE, WHICH IS ACTUALLY JANUARY 11TH OR 12TH.
I DON'T, YOU CAN COUNT THE DAYS, BUT, BUT WE WERE WELL WITHIN IN THE 60 DAY LIMIT, IF INDEED IT'S EVEN NEEDED.
AND MR. BERNSTEIN'S GIVING YOU AN ARGUMENT WHY IT MAY NOT BE NEEDED WHATSOEVER.
BUT UNDER THAT WE WERE TIMELY, WE'RE ABSOLUTELY TIMELY.
THERE WAS NO WAY WE COULD HAVE KNOWN OR SHOULD HAVE KNOWN THIS WAS AN UNUSUAL SITUATION.
AND BY THE WAY, THIS, AS I SAID, HAS NOTHING AT ALL TO DO WITH WHETHER WE LIKE THIS PROJECT OR NOT TO SUPPORT THIS PROJECT OR NOT.
AND MR. BRONSTEIN HAS ALSO CORRECTED THAT EVEN IF MR. SHEDA HAD DRAWN, WITHDRAWN AS THE APPLICATION TONIGHT, IT'S AN ISSUE OF OPENING UP A CAN OF WORMS FOR OTHER PEOPLE TO USE A LAW THAT HAS NO REGULATIONS IN IT WHATSOEVER TO, TO MANAGE THESE TYPES OF FACILITIES, WHICH WOULD BE A BAD THING FOR THE ENTIRE TOWN, TOWN OF GREENBURG.
SO WE WERE TIMELY AND WE COULDN'T POSSIBLY HAVE KNOWN EARLIER.
I, I, UH, MADAM CHAIR, I JUST HAVE A QUESTION FOR MR. SCHWARTZ TO CLARIFY THE RECORD.
MR. SCHWARTZ, YOU KEEP ON REFERRING TO THIS, UH, UH, PROPOSED FACILITY AS A NON-CONFORMING USE.
I JUST WANNA ADVISE YOU, I WANNA CLARIFY THIS BECAUSE THE ZONING BOARD USES THAT TERM VERY DIFFERENTLY UNDER THE ZONING ORDINANCE.
A NON-CONFORMING USE IS A USE THAT ALREADY EXISTS AND WAS LEGAL WHEN IT COMMENCED.
I DON'T THINK THAT'S WHAT YOU MEAN TO SAY.
I, SO I'M GIVING YOU THE OPPORTUNITY TO EXPLAIN.
THANK YOU VERY, VERY MUCH, MR. LIEBERMAN.
UM, I, I STAND CORRECTED OF MY USE.
IT WAS NOT AN, IT WASN'T AN AUTHORIZED USE IN THAT ZONE.
IT WAS NOT A, OR I GUESS I HATE TO USE THE WORD AS OF RIGHT.
I THOUGHT WE'RE ALL TRYING TO GET IT AWAY FROM THE, USING THE WORDS AS OF RIGHT.
BUT, UH, IT WAS NOT A USE THAT, THAT THAT CAME COME IS A, IS APPROVED UNDER RESIDENTIAL ZONING, UH, WITHOUT A SPECIAL PERMIT.
AND IT WASN'T COVERED IN, AS WE CAN TELL IN THE SPECIAL PERMIT LAW, 2 85 10 AS IT WAS WRITTEN.
BUT, BUT THE BOTTOM LINE OF IT, UH, MR. LIEBERMAN IS VERY SIMPLE.
IT REQUIRED EITHER A SPECIAL PERMIT OR USE VARIANCE, NO ONE.
AND THAT'S WHAT WE'RE HERE ABOUT.
ANYONE ELSE? ADAM, CHAIRMAN, I JUST HAVE A, A QUICK MINUTE.
UM, RE REGARDING, UM, WE'VE TALKED ABOUT THE SHRUB BOAT ISSUE THAT MR. SCHWARTZ, UH, MENTIONED EARLIER, OR, UH, IT WAS MENTIONED BY MR. BERNSTEIN.
BUT I WOULD ENCOURAGE THE BOARD THIS EVENING TO, TO, UH, NOT RELY ON ANY STRO VOTES AND TO REALLY DELIBERATE AND HAVE A VOTE AGAIN THIS EVENING.
'CAUSE I KNOW SOMETIME HAS ELAPSED, UH, MORE TESTIMONY WAS IN THE RECORD SINCE THAT POINT.
SO I WOULD APPRECIATE IT IF, IF THAT SURE VOTE OBVIOUSLY WOULD NOT BE CONSIDERED, AND THE BOARD WOULD VOTE AGAIN, UH, THIS EVENING IF IT SO CHOOSES.
AND THEN LASTLY, I'LL JUST SAY THIS FINAL POINT.
UH, YOU KNOW, I, I THINK ANOTHER, ANOTHER
[00:40:01]
WAY TO SAY THIS, OTHER THAN AS OF RIGHT, UH, YOU KNOW, ACCORDING TO THE BUILDING INSPECTOR, THIS IS A ZONING COMPLIANT PLAN THAT WAS SUBJECT TO A SPECIAL PERMIT.WE BELIEVE THAT BUILDING INSPECTOR'S INTERPRETATION WAS CORRECT.
UH, WE AS THE APPLICANT ARE ENTITLED TO CERTAIN DEFERENCE WITH RESPECT TO AN INTERPRETATION, UH, ESPECIALLY IF THAT CODE IS VAGUE, AMBIGUOUS.
I'M NOT GONNA GO AND BORE YOU.
WE, YOU HAVE OUR, YOU KNOW, SEVERAL PIECES OF CORRESPONDENCE AND, UH, AND I KNOW THE, UH, THE, THE APPLICANTS HERE ALSO HAVE THEIR, THEIR LETTERS IN SUPPORT.
YOU GUYS, YOU GUYS HAVE A BUSY NIGHT, BUT I JUST WANTED TO REITERATE THOSE TWO POINTS THAT WE BELIEVE THE BUILDING INSPECTOR WAS SPOT ON AND ON HIS INTERPRETATION.
AND THE LAST POINT, AGAIN, I I, I REMIND THIS BOARD, THIS IS ABOUT THE BUILDING INSPECTOR'S DETERMINATION, ANYTHING ABOUT A LOCAL LAW, HOWEVER GOOD, AND, AND, UH, YOU KNOW, AN IDEA THAT THAT IS, IT REALLY IN, IN MY VIEW, UH, MADAM CHAIR, MEMBERS OF THE BOARD REALLY DOESN'T PLAY INTO THE BUILDING INSPECTOR'S DETERMINATION.
I THANK YOU FOR YOUR TIME AND, UH, THANK YOU.
NOW I'M ALL AM OPEN TO OTHER COMMENTS FROM THE AUDIENCE AND MEMBERS OF THE COMMUNITY.
MADAM CHAIR, I HAVE SOME QUESTIONS FOR THE COUNCIL.
YES, MR. LIEBERMAN? ALRIGHT, MR. SHERETTA.
UH, YOU JUST MENTIONED THE FACT THAT THE NEW LAW SHOULD HAVE NOTHING TO DO WITH THE DETERMINATION OF THE BUILDING INSPECTOR.
HOWEVER, YOU ARE ALSO AWARE OF THE FACT THAT THE TOWN BOARD IS VERY CLOSE TO ADOPTING A LAW.
NOW, LET ME ASK YOU, AS AN ADMINISTRATIVE BOARD, AS A QUASI-JUDICIAL BODY IS NOT THE, THE ZONING BOARD'S DETERMINATION SUBJECT TO ATTEST UNDER THE NEW LAW IF THAT NEW LAW IS ADOPTED, IF AND WHEN THE NEW LAW IS ADOPTED? I, I WOULD SAY NO, MR. LIEBERMAN, BECAUSE THE BUILDING INSPECTOR'S DETERMINATION WAS MADE, YOU KNOW, WITHOUT THAT LOCAL LAW IN PLACE, THE LOCAL LAW, YOU KNOW, CAME AFTER THE FACT.
SO FOR, FOR THE PURPOSES OF OUR RECORD, I THINK YOU REALLY HAVE TO GO WITH WHAT THE BUILDING INSPECTOR HAD AT THE TIME.
THAT'S, THAT'S WHAT I, WHAT MY, MY VIEW IS ON THAT SUBJECT.
BUT IF THE ISSUE IS THE LEGALITY OF THE PROPOSED USE AND THE LAW CHANGES BEFORE THERE'S A BUILDING PERMIT THAT'S CAN BE ISSUED, THEN IS NOT THE TOWN BOUND BY AND AND OBLIGATED TO APPLY THE STANDARDS OF THE NEW LAW? I WOULD, I WOULD, I WOULD AGREE WITH YOU.
AND TO THE EXTENT THAT THERE'S BEEN NO BUILDING PERMIT OR SUBSTANTIAL COMPLETION, UH, AND, YOU KNOW, AND WE'RE NOT THERE YET, OBVIOUSLY, THAT YES, THERE, IF THERE'S, IF THE BOARD DOES PASS LEGISLATION, AGAIN, THE PROBLEM WITH THAT THOUGH IS WE DON'T KNOW WHEN AND IF THE BOARD AND IN WHAT TYPE OF LAW WE'RE GONNA GET THAT WOULD EVEN ALLOW THIS OR WHO KNOWS.
SO, YES, BUT TO YOUR POINT, THEY WOULD HAVE TO LOOK AT THIS NEW LAW IF IT WAS ADOPTED AND FILE WITH THE SECRETARY OF STATE.
BUT AGAIN, I GO BACK TO FROM DAY ONE, THE PLANNING BOARD AND MR. BERNSTEIN WITH THE CIVIC ASSOCIATION APPEALED MR. FYE DETERMINATION.
AND TO ME, THAT'S WHY WE'RE HERE.
AGAIN, I UNDERSTAND YOUR POINT IF THE LAW IS ADOPTED, BUT I I THINK YOU'LL PROBABLY RENDER DECISION, AT LEAST YOU WOULD HOPE BEFORE THAT LOCAL LAW IS ADOPTED, GIVEN, GIVEN THE TIMEFRAME THAT YOU HAVE TO, UH, DEAL WITH UNDER THE ZONING LAW.
WELL, AS A PRACTICAL MATTER, I WOULD SAY THAT EVEN IF THERE'S A VOTE TONIGHT TO GRANT OR DENY, THAT'S GOING TO BE REFERRED TO, UH, COUNSEL TO DRAFT A DECISION, UH, WHICH WOULD NOT, UH, BE RENDERED UNTIL AT THE VERY EARLIEST NEXT MONTH.
AND THERE IS A POSSIBILITY, AS YOU KNOW, THAT THE BILL MAY BE ADOPTED NEXT MONTH OR PERHAPS EVEN THE MONTH AFTERWARD, YOU KNOW, AND THEN, AND THEN, YOU KNOW, MR. LIEBERMAN, WE WILL, WE'LL OBVIOUSLY ADDRESS THAT ISSUE.
BUT I, I JUST, AGAIN, YOU, AND I KNOW YOU'VE BEEN DOING THIS A LONG TIME, NOT ME, NOT AS LONG
SO, UM, AGAIN, I KNOW IT'S ON A PUBLIC, UH, AGENDA.
IT'S ON A PUBLIC MEETING, THEY'RE ENTERTAINING IT, BUT YOU KNOW, WHEN THAT'S GONNA HAPPEN.
I MEAN, I WISH I KNEW THE ANSWER, BUT NONE OF US HERE DO.
AND I HAVE A QUESTION FOR MR. BERNSTEIN.
CAN YOU HEAR ME? YES, I CAN HEAR YOU.
UH, I THINK I HEARD YOU SAY THAT YOU WANTED THE BOARD TO OPINE ON SOLAR AND WIND.
NOW, WHAT IS THE BASIS FOR THIS BOARD TO HAVE JURISDICTION OVER, UH, OVER THOSE ISSUES WHEN
[00:45:01]
THERE HAS BEEN NO APPLICATION FOR, AT LEAST NOT BEFORE THIS BOARD THAT'S BEEN CHALLENGED BY EITHER YOUR CLIENT OR THE PLANNING BOARD, UH, THAT DEALS WITH SOLAR OR WIND? THE, THE BASIS FOR JURISDICTION IS THE EXISTENCE OF AN OPINION FROM THE BUILDING INSPECTOR THAT IS BROADLY EN ENOUGH, BROAD ENOUGH TO COVER SOLAR AND WIND TURBINES.AND, UH, IF WE DON'T APPEAL IT IN A TIMELY MANNER, AS WE HAVE DONE, THAT OPINION STANDS AND ANY APPLICANT CAN COME FORWARD FOR SOLAR FARMS OR WIND TURBINES AND CLAIM, UH, THAT THEY TOO FALL WITHIN, UH, THIS SECTION OF THE CODE.
UH, AND, UH, THEY TOO SHOULD BE TREATED THE SAME AS MR. SHEA'S CLIENT.
SHOULD THE BOARD AFFIRM THE BUILDING INSPECTOR'S INTERPRETATION, WHAT IN THE, WHAT IN THE BUILDING INSPECTOR'S DETERMINATION REFER TO SOLAR WIND.
UH, HIS, HIS ARGUMENT WAS BROAD ENOUGH TO COVER ANY BUSINESS THAT, UM, UH, PROVIDES ELECTRICITY TO CON EDISON.
AND, UH, THAT'S THE WAY THAT WAS HOW HE ARGUED IT.
THAT BECAUSE THIS BUSINESS, UH, EAGLE, UM, UH, SUPPLIES ELECTRICITY TO CONED, WHICH IS OUR PUBLIC UTILITY, THEY SHOULD BE DEEMED, UH, IN THE PUBLIC INTEREST TO BE A PUBLIC UTILITY.
AND ITS, UH, UH, ITS STRUCTURE, A PUBLIC UTILITY STRUCTURE, THAT WAS THE ARGUMENT THAT HE MADE.
AND BECAUSE THE ARGUMENT, UH, WAS SO BROAD, UH, IT WOULD SWEEP INTO IT, UM, SOLAR AND WIND AND, AND THAT, UH, WERE SUCH AN APPLICANT TO COME FORWARD DOWN THE ROAD, THEY WOULD BE ABLE TO LAY CLAIM TO THAT OPINION AS ONE WHERE, UH, IT WAS, UH, YOU KNOW, CHALLENGED.
AND THEN, UM, IF THE APPLICATION WAS GRANTED, UH, OR EXCUSE ME, IF, IF OUR APPEAL WAS DENIED, UH, THEY WOULD SAY THAT THAT, UM, DECISION GREEN LIGHTS THEIR ABILITY TO GO FORWARD JUST AS A GREENLIGHT'S EAGLE'S ABILITY TO GO FORWARD.
UH, AND, UH, IF THE BOARD CHOOSES NOT TO RENDER AN OPINION AT ALL, UM, UH, THAT OPINION WILL BE LEFT UNCHALLENGED, UH, WITHIN THE TIME LIMITS PERMITTED.
SO WE WOULD, IN EFFECT, HAVE LOST, UM, UH, AND THEY WOULD BE WITHIN THEIR RIGHTS TO CLAIM RELIANCE ON THAT OPINION.
SO THAT IS WHY, UM, THIS MATTER WHICH HAS BEEN PUBLICLY NOTICED, UH, UH, IS A MATTER THAT IS BEFORE THE ZONING BOARD PROPERLY.
UH, IT'S WITHIN THEIR JURISDICTION BECAUSE THE OPINION COVERS IT.
UH, AND, AND WITHOUT IT, UH, THE RESIDENTS OF THE TOWN OF THE UNINCORPORATED PART OF THE TOWN OF GREENBURG ARE AT RISK FOR A SOLAR OR WIND TURBINE FACILITY, UH, BEING BUILT IN THEIR BACKYARDS, LITERALLY NEIGHBORING PROPERTIES.
BECAUSE, UH, ONE THING I WANNA MAKE CLEAR IS THAT IF THESE TYPES OF APPLICATIONS COME WITHIN THE PUBLIC UTILITY STRUCTURE, SPECIAL PERMIT BY DEFINITION, THE PUBLIC UTILITY STRUCTURE, SPECIAL PERMIT LAW, GREEN LIGHTS, THESE TYPES OF FACILITIES, BE IT B E S S, SOLAR OR WIND TURBINES IN EVERY SINGLE RESIDENTIAL ZONING DISTRICT IN THE TOWN OF GREENBURG.
AND THAT IS WHY, UM, IT IS INCUMBENT UPON THE BOARD TO RENDER AN OPINION.
NOW, I WANT, WANNA ADD ONE MORE THING? UM, HAVING HEARD MR. SHERETTA, UH, AND RESPONDING TO YOUR QUESTIONS, MR. LIEU, UH, ONE THING IS BECOMING CLEAR TO ME AND MAYBE CLEAR TO ALSO MEMBERS OF YOUR BOARD, MR. SHERETTA IS NEGOTIATING RIGHT NOW WITH THE TOWN ON THE LANGUAGE TO BE USED IN THAT PROPOSED LAW.
HE TESTIFIED AT THE PUBLIC HEARING THAT THE TOWN BOARD HELD SAID HE HAD OBJECTIONS, WHICH HE SUBMITTED IN WRITING TO THE TOWN BOARD FOR CONSIDERATION INITIALLY BY TOWN STAFF, WHICH IS REVIEWING THEM BY INSISTING ON A RULING TONIGHT FROM THE ZONING BOARD IN HIS FAVOR, THAT THE, UM, UH, THE PUBLIC STRUC UTILITY STRUCTURE SPECIAL PERMIT LAW CAN PROPERLY GOVERN HIS APPLICATION.
HE'S LOOKING FOR THE OPTION, THE OPTION OF EITHER USING THAT RULING FROM YOU, FROM THE ZONING BOARD TO SUPPORT HIS APPLICATION AND THUMBING HIS NOSE AT THE TOWN.
[00:50:02]
OR HE COULD SAY, I'LL GO WITH THE TOWN BOARD LAW 'CAUSE I LIKE THAT BETTER.THEY ULTIMATELY AGREED TO WHAT I WANTED TO DO, AND I'M USING THE ZONING BOARD RULING IN MY FAVOR AS MY LEVERAGE TO GET THEM TO DO IT.
NOW, THE TOWN MAY TAKE THE POSITION THAT WITHOUT A BUILDING PERMIT BEING ISSUED, UM, AND HIS NOT HAVING A CLAIM AS OF RIGHT TO GRANT TO BE GRANTED THE SPECIAL PERMIT, UH, THE TOWN IS WITH WELL WITHIN ITS RIGHTS TO PASS THE B E S S LAW THAT'S BEFORE IT.
AND, UH, THE RULING IN HIS FAVOR WILL BE OF NO USE, PERHAPS, AND PERHAPS THAT WILL BE THE OUTCOME.
UH, AND, UH, AND THEREFORE IT'S A, IT'S, IT WOULD BE A WASTE OF, IT'S, IT'S A FUTILITY, UH, FOR HIM TO PROCEED.
BUT HE NEVERTHELESS DEEMS IT IMPORTANT FOR THE BOARD, THIS BOARD TO GRANT HIM, UH, TO AFFIRM THE BUILDING INSPECTORS AND TO INTERPRETATION, BECAUSE HE CLEARLY BELIEVES IT GIVES HIM SOME VALUE IN HIS NEGOTIATION WITH THE TOWN.
SO MY SUGGESTION TO THE BOARD IS TO RECOGNIZE THAT IT SHOULDN'T BE USED IN THAT FASHION, THAT HAVING STAKED HIS GROUND, MRTA AND HIS CLIENT ON WORKING WITH THE TOWN ON GETTING A NEW LAW PASSED, HE SHOULDN'T BE ABLE TO HAVE HIS CAKE AND EAT IT TOO.
UM, AND THAT, UH, THE BOARD SHOULD, IN THAT RESPECT, RECOGNIZE THAT AND EXERCISE ITS DISCRETION WITH RESPECT TO STANDING EXERCISE.
ITS DISCRETION, NOT DISCRETION, BUT IT'S RIGHT, AN OBLIGATION WITH RESPECT TO THE PLANNING BOARD AND DENY THE, UH, YOU KNOW, DENY THEIR ARGUMENTS WITH RESPECT TO STANDING AND TIMELINESS AS TO THE PLANNING BOARD AND, UH, UM, OVERTURN THE BUILDING INSPECTOR'S DECISION.
UH, BECAUSE IF YOU DON'T DO THAT, UM, THE MISCHIEF WILL BE THAT THIS BOARD'S DECISION IN THEIR, IN MR. UH, SHEA'S FAVOR WILL BE USED AS LEVERAGE TO EXTRACT A BETTER DEAL FROM THE TOWN IN ITS HIS NEGOTIATION ON THE LEGISLATION.
AND THAT WOULD NOT BE IN MY JUDGMENT, IN THE PUBLIC INTEREST AT ALL.
CAN I JUST, DO YOU HAVE ANY OTHER QUESTIONS? ADD ONE POINT MR. LIEBERMAN ON THAT? SURE.
SO, UH, YOU KNOW, WHAT MR. BURSTEIN DOESN'T GET IS THAT YES, THERE IS A PUBLIC HEARING GOING BEFORE THE TOWN BOARD, AND WE HAVE EVERY RIGHT TO MAKE COMMENTS ON LEGISLATION THAT'S GONNA AFFECT THE APPLICANT.
SO NOTHING IMPROPER, NOTHING UNTOWARD AND NET AT ALL.
SO THE FACT OF THE MATTER IS EAGLE ENERGY'S BEEN AT THIS FOR ALMOST A YEAR AND A HALF NOW WITH RESPECT TO THE TOWN.
SO SIMPLY REQUESTING THAT THIS BOARD, AND WE'VE BEEN HERE SEVERAL MONTHS NOW ON THIS APPLICATION, SIMPLY REQUESTING THAT WE WANT SOME FINALITY HERE, IS NOT ABOUT, UM, NEGOTIATING.
IT'S NOT ABOUT, YOU KNOW, TRYING TO PULL THE WOOL OVER YOUR EYES.
IT'S SIMPLY ABOUT GETTING THIS DONE AND PUTTING A, A CLOSING THE LOOP ON THIS BECAUSE WE'VE BEEN AT THIS FOR A WHILE.
SO, UM, YOU KNOW, WHEN YOU LOOK AT THIS APPLICATION AT ITS INCEPTION, WHEN WE FIRST BROUGHT IT INTO THE TOWN, WE, WE'VE BEEN HERE A WHILE, SO TO SUGGEST THAT, YOU KNOW, WE'RE DOING THIS FOR LEVERAGE OR ANYTHING ELSE, QUITE, QUITE FRANKLY, I FIND OBJECTIONABLE BECAUSE AGAIN, WE'VE BEEN HERE, WE'VE BEEN RESPONDING TO THE, THE PUBLIC'S CONCERNS, THE BOARD'S CONCERNS.
SO IT SUGGESTS OTHERWISE, I JUST THINK IT'S DISINGENUOUS.
AND AGAIN, UH, JUST SPOKEN FROM SOMEONE WHO JUST DOESN'T GET IT.
ANY OTHER QUESTIONS OR COMMENTS? I JUST WANNA MAKE ONE COMMENT, DID DELAY IN THIS APPLICATION WAS SELF-INFLICTED WHILE THE APPLICANT, WHAT HE ISN'T TELLING YOU IS THAT THE FIRST, BEFORE MR. SCHREDER GOT INVOLVED, MR. SCHREDER IS RIGHT IN THE TIMING SINCE HE'S BEEN INVOLVED.
BUT THIS APPLICATION CAME, UH, TO THE TOWN IN 2019, AND IT TOOK THEM ALMOST A YEAR TO, UH, TO FILE IT.
THE OTHER INTERESTING THING IS, TWO WEEKS THERE, IF YOU LOOK AT THE CORRESPONDENCE, AND I THINK MISS, MISS BRUCKNER WAS INVOLVED AT THE TIME THEY OFFERED TO DO, WHICH, WHAT MOST ATTORNEYS IN OUR TOWN HAVE DONE IN A CASE LIKE THIS TO DRAFT NEW LEGISLATION, LIKE THE BEST LEGISLATION THAT IT TOOK HAS TAKEN US A WHILE TO DRAFT AND BE INVOLVED IN THAT.
THEY, FOR EXAMPLE, MR. BERNSTEIN, MR. STEINMAN, MYSELF, WERE ALL INVOLVED WITH THE, AN APPLICANT ON CREATING THE A, THE, UH, THE C C F, UH, LEGISLATION BECAUSE IT NEED, WE DIDN'T HAVE ANYTHING.
THEY KNEW THAT, AND THEY DID IT THIS APPLICANT UNDER, BEFORE MR. SCH SHREDDER WAS INVOLVED.
SO HE WAS NOT INVOLVED AT THE TIME, OFFERED TO DO THAT.
THEN ALL OF A SUDDEN MYSTERIOUSLY TWO WEEKS LATER, THEY DIDN'T, I HAVE NO IDEA WHAT HAPPENED IN 2019.
I DON'T KNOW WHAT HAPPENED, WHY IT TOOK ALMO ALMOST A YEAR FOR THEM TO,
[00:55:01]
TO ACTUALLY FILE THE APPLICATION.BUT, UM, THEIR DELAY WAS SELF-INFLICTED.
AND ALSO IN TERMS OF INFORMATION, I CAN TELL YOU THAT THE INFORMATION WE GOT OUT OF THEM, I THOUGHT THE FIRST PRESENTATION WAS VERY GOOD, BUT WE DIDN'T GET ALL OF THE INFORMATION UNTIL ACTUALLY WE WENT TO CON TO, TO CON EDISON AND TO CORRECT.
ONE THING MR. BERNSTEIN SAID IS THEY DON'T, THEY DON'T SELL TO CON EDISON.
THEY SELL TO S O NOT TO CON EDISON, WHERE THE OTHER, THE OTHER THING, BY THE WAY, MR. BERNSTEIN'S ABSOLUTELY RIGHT, I BELIEVE ABOUT, UM, THE, UM, WIND, WIND FARMS AND SOLAR FARMS. 'CAUSE THERE'S ACTUALLY ARE MORE OF A UTILITY THAN
THIS IS BECAUSE THEY WOULD BE SELLING, PUTTING, UH, SELLING BACK, BACK TO, TO, TO, TO CON EDISON AND, OR AT LEAST CREATING THEIR OWN ENERGY.
SO, UM, IT IS A RISK FOR C CLEARLY, IF THIS IS LEFT OPEN, MR. BERNSTEIN IS 100% RIGHT ON THAT.
ANYONE ELSE IN THE AUDIENCE? I
UH, GOOD EVENING, MADAM CHAIR.
THIS IS, UH, ADAM RODRIGUEZ, AGAIN, R O D R I G U E Z, UH, FROM BLAKELY PLAT SCHMIDT, I REPRESENT G H P TAXER, L L C, THE OWNER OF, UH, THE OFFICE PARK, UM, A TAX ROAD 5 55 AND 5 65 TO, TO REMIND THE BOARD WE'RE SEEKING RELIEF FROM A SIGNED ILLUMINATION RESTRICTION.
THERE WAS A VARIANCE GRANTED BACK IN THE EARLY NINETIES THAT GRANTED THIS SIGN TO BE ERECTED, BUT RESTRICTED THE HOURS OF ILLUMINATION TO, UH, 8:00 AM TO 6:00 PM DURING NORMAL WORKING DAYS.
OUR ORIGINAL APPLICATION WAS TO SEEK THE MODIFICATION OF THE CONDITION TO ALLOW FOR 24 HOUR ILLUMINATION, UH, SEVEN DAYS A WEEK.
BUT THE BOARD MAY RECALL WE WERE HERE, UH, IN APRIL.
UM, AND, YOU KNOW, THE, THE BOARD LOOKED AT THE 24 HOUR, I APOLOGIZE FOR THAT.
THE BOARD, UM, LOOKED AT THE 24 HOUR, SEVEN DAYS A WEEK APPLICATION WITH SOME DISFAVOR, UM, AND TOOK A STRAW POLL AND, YOU KNOW, AT LEAST FIVE MEMBERS WERE COMFORTABLE WITH A, AN 8:00 AM TO 10:00 PM MODIFICATION FROM THE EIGHT TO SIX.
UM, SO WE DID TAKE THE BOARD'S, UH, GUIDANCE AND MODIFIED, FORMALLY MODIFIED OUR APPLICATION TO SEEK TO NO LONGER SEEK THE 24 HOUR A DAY, UM, ILLUMINATION, BUT TO SEEK AN 8:00 AM TO 10:00 PM MODIFIED, YOU KNOW, ILLUMINATION TIME PERIOD.
UM, AND I, I JUST WANNA KIND OF GO BACK, IF I MAY TO JUST, YOU KNOW, RE REFRESH THE BOARD'S RECOLLECTION ABOUT THE BUILDING AND THE SIGN AND THE IMPACTS.
IF I MAY, UM, CAN, CAN I, UH, SHARE MY SCREEN? YES, YES, YOU'RE ALL SET.
UM, SO THIS IS, UM, THE SIGN IN THE BUILDING, 5 55 TAXER ROAD.
THE, UM, THE BUILDING WAS BOUGHT BY MY CLIENTS IN EARLY 2019 AT A FORECLOSURE.
UH, OVER THE LAST FEW YEARS, THEY'VE REALLY TURNED THE BUILDING AND THE OFFICE PARK IN GENERAL AROUND THEY HAVE INVESTED MILLIONS OF DOLLARS IN, YOU KNOW, RENOVATING THE SPACE AND REALLY BRINGING IT INTO THE 21ST CENTURY HAD BEEN NEGLECTED FOR SOME TIME.
UH, THIS IS, SORRY, THIS IS, UH, YOU KNOW, THE LOBBY OF 5 55.
IT'S, IT'S REALLY A BEAUTIFUL PROPERTY IN JUST TAKE A, SORRY.
THIS IS THE AERIAL OF THE, OF THE LOCATION.
AS YOU CAN SEE, UH, THE BUILDING IS, IS SURROUNDED BY 2 87 TO THE NORTH, YOU KNOW, 87 TO, TO THE WEST TAXI ROAD, UH, AND ONE 19.
THE PROPERTY IS SETBACK SIGNIFICANTLY FROM THE STREETS.
THERE'S A SIGNIFICANT, UH, TREE LINES THAT, UM, SURROUND THE PROPERTY AS WELL IN TERMS OF IMPACT, VISUAL IMPACT, YOU KNOW, THE, THE RESIDE, THE CLOSEST RESIDENCES ARE TO THE SOUTH, WHICH AREN'T GONNA BE IMPACTED AT ALL BECAUSE THE SIGN IS ON THIS NORTH FACE.
THERE ARE RESIDENCES TO THE NORTH.
THEY ARE, YOU KNOW, THOUSANDS OF FEET AWAY.
[01:00:01]
A SHOT FROM RIGHT ABOVE THE SIGN FROM THE ROOF.AND YOU CAN SEE THE RESIDENCES ARE QUITE A DISTANCE AWAY, AND THEY'RE SEPARATED BY THE, THE SIGNIFICANT COMMERCIAL AREA DOWN ON ONE 19.
UM, AND YOU KNOW, THE BOARD MAY RECALL, I, I, WE DID DISCUSS, YOU KNOW, SOME OF THE SIGNS DOWN ON ONE 19, YOU KNOW, SORT OF IN THE VIEW SHED, UM, YOU KNOW, ON ARE ON AT NIGHT ARE ON 24 HOURS A DAY.
WE TALKED ABOUT THE MARRIOTT, AND YES, I UNDERSTAND THE MARRIOTT IS, IT HAS A 24 HOUR A DAY OPERATION.
SO IT'S, YOU KNOW, SLIGHTLY DISTINGUISHABLE.
BUT THERE ARE OTHER BUSINESSES ON ONE 19 THAT DO HAVE THEIR SIGNS ON AT NIGHT.
THIS, FOR EXAMPLE, IS THE URGENT CARE.
UH, NEXT TO IT IS THIS, UM, HAIR SALON.
YOU KNOW, THEY HAVE THEIR SIGNS ON THIS.
THESE PHOTOS WERE TAKEN AT APPROXIMATELY FIVE 30 IN THE MORNING ON A WEEKDAY.
SO THESE SIGNS ARE UP, THEY'RE ON.
UH, SO IN TERMS OF, YOU KNOW, IMPACT, UH, AND CHARACTER OF THE NEIGHBORHOOD, WE THINK IT'S CONSISTENT WITH THE CHARACTER NEIGHBORHOOD TO HAVE THE SIGN ON, ESPECIALLY AS OUR APPLICATION WAS MODIFIED, YOU KNOW, UH, TO REQUEST AN EIGHT TO 10:00 PM UM, ILLUMINATION TIME.
UM, SO, YOU KNOW, IN TERMS OF RATIONALE, OH, I SHOULD POINT OUT THAT, UM, THE HOURS ARE, OUR HOURS ARE ACTUALLY, UM, GREATER THAN THOSE THAT ARE USED BY THAT URGENT CARE, UM, DOWN ON ONE 19.
BUT, BUT, SO IN TERMS OF, UM, RATIONALE, I, I THINK YOU NEED ONLY LOOK AT THE PRIORLY, THE, THE VARIANCE THAT WAS GRANTED BACK IN 1991, THE VARIANCE THAT WAS GRANTED BACK IN 1990 WAS GRANTED TO FUJIFILM TO FACILITATE VISIBILITY AND IDENTIFICATION OF THE BUILDING, UH, FOR THOSE PEOPLE WHO ARE TRAVELING TO IT.
AND THAT WAS, YOU KNOW, FOR FUJIFILM FOR A PHOTO LAB, RIGHT? WE'RE, WE'RE TALKING ABOUT MONTEFIORE FOR A MEDICAL SERVICE.
SO I THINK THAT THE RATIONALE IS ONLY HEIGHTENED WHEN YOU'RE TALKING ABOUT A MEDICAL FACILITY.
UM, ALTHOUGH, UH, THE, THE LATEST HOUR OF OPERATION THAT'S ANTICIPATED IS GONNA BE EIGHT IS EIGHT O'CLOCK.
YOU KNOW, THERE'S NOT ONLY MEDICAL SERVICES THAT ARE GONNA BE PERFORMED THERE.
THERE'S ALSO GONNA BE IT, UM, AND OTHER ADMINISTRATIVE FUNCTIONS, AND AS WE ALL KNOW IT, AND ADMINISTRATIVE PERSONNEL CAN WORK LONG HOURS, CAN HAVE TO BE CALLED IN AT HOURS THAT ARE OUTSIDE THE NORMAL WORKING HOURS OF THE MEDICAL USE OF THE SPACE.
SO WE, WE DO THINK THAT THE, YOU KNOW, 8:00 AM TO 10:00 PM WINDOW, SEVEN DAYS A WEEK IS, IS REASONABLE, UM, AND, AND NEEDED.
AND, UM, IT SHOULD BE GRANTED.
I I ALSO POINT OUT UNDER THE CODE, I THINK IT'S, UH, TWO 40 D DASH TWO D, ESSENTIALLY THE PRESUMPTION IS THAT YOU'D GET A HALF AN HOUR AFTER CLOSING.
UM, THAT'S, THAT DOESN'T QUITE GET US TO 10 O'CLOCK, BUT IT CERTAINLY WOULD EXTEND US PAST THE 6:00 PM CUTOFF IF NOW EXISTS IN THE VARIANCE.
AND, AND TO SORT OF GO BACK TO THE ORIGINAL UNDERLYING RATIONALE FOR THE VARIANCE TO, TO ALLOW THE TRAVELING PUBLIC TO EASILY IDENTIFY THE BUILDING, WE, AS WE ALL KNOW, IN THE WINTER, IT'S GONNA BE DARK AROUND 4 30, 5 O'CLOCK.
SO THERE'S GONNA BE PERIODS OF DARKNESS WHERE THE BUILDING'S IN OPERATION AND THEN UNDER THE CURRENT RESTRICTION, THAT LIGHT WILL BE OFF.
SO AGAIN, WE, WE RESPECTFULLY REQUEST THAT THE BOARD ADHERE TO, YOU KNOW, THE STRAW PULL FROM APRIL, UH, AND THEN IT APPROVED THE 8:00 AM TO 10:00 PM RESTRICTION.
AND IF THERE ARE ANY QUESTIONS, YOU KNOW, I'M HAPPY, I'M HAPPY TO ADDRESS THEM.
ARE THERE ANY COMMENTS ON THIS MATTER? ANY QUESTIONS FROM THE BOARD? NO ONE IN THE AUDIENCE.
I BELIEVE ONE, UH, MURRAY BODEN, YES, I'D, I'D LIKE TO SPEAK ON THIS.
UM, I DROVE ALONG THE THROUGHWAY TO SEE THAT SIGN.
ALL OF THE INFORMATION THAT THEY PRESENTED WAS NOT VISIBLE FROM THE THROUGHWAY.
THERE ISN'T ONE IN A HUNDRED THOUSAND PEOPLE DRIVING ON A THROUGHWAY WILL GET OFF TO GO TO THAT FACILITY.
IT IS PURELY AND 100% AND ADVERTISING ONE, AND IT STICKS IN THE FACE OF EVERYBODY GOING OVER THAT BRIDGE.
NONE OF THOSE PEOPLE ARE GOING TO GO TO THAT MEDICAL FACILITY.
YES, THERE ARE SIGNS ELIMINATED ON THE, UH, HO HOTEL AND OTHER PLACES, BUT THOSE ARE LOCAL ROADS.
THEY'RE NOT SEEN FROM THE THROUGHWAY.
THIS IS PURELY AND 100% IN ADVERTISING, AND IT DOESN'T BELONG IN THE FACE OF EVERYBODY DRIVING ON THE THROUGHWAY.
I DROVE THE THROUGHWAY, I LOOKED AT THE BUILDING, IT'S THE ONLY ONE YOU CAN SEE IN THE SKYLINE.
NOBODY WHO NEEDS URGENT MEDICAL CARE IS GOING TO GET OFF THE THROUGHWAY TO GO THERE.
THEY'VE GIVEN YOU TRUE INFORMATION, BUT THE KEY IS IT'S NOT RELEVANT TO THIS SIGN.
[01:05:01]
SOMEBODY GIVES YOU SOMETHING THAT SOUNDS TRUE, BUT NOT RELEVANT, THAT HAS TO BE POINTED OUT.IF I MAKE A MISTAKE, IT'S BECAUSE I JUST GOT TURNED 88 AND I CAN'T GET EVERYTHING STRAIGHT ANYMORE.
I'M LISTENING TO THIS ON TWO THINGS WHILE I GO WATCH IT ON MY COMPUTER.
AND THIS IS NOW THROUGH MY PHONE BECAUSE IT COMES IN MY HEARING AIDS AND I CAN UNDERSTAND IT.
THERE IS NOW AN UNDERSTANDING THAT PEOPLE WITH DISABILITIES ARE ENTITLED TO LIVE THEIR LIVES.
I'M ONE OF THOSE PEOPLE WITH DISABILITIES.
I WENT AND I LOOKED AT THAT SIGN, AND IT SHOULD NOT BE ILLUMINATED ANYTIME WHEN UNNECESSARY.
IT'S NOT TO DIRECT ANYBODY TO GO THERE.
IT'S PURELY 100% AN ADVERTISING THING.
ANY OTHER COMMENTS? NO OTHER SPEAKERS.
MAY, MAY I JUST, UM, CERTAINLY ADDRESS AND JUST KIND OF SUM UP.
UM, YOU KNOW, I I THINK ULTIMATELY THE BENEFIT HERE TO THE APPLICANT OUTWEIGHS ANY IMPACT TO THE COMMUNITY.
WE'VE REALLY HEARD NONE, UM, NO RESIDENTS THAT LIVE IN THE VICINITY HAVE COME FORWARD.
THERE WAS A SIGN THERE AGAIN, THE VARIANCE WAS GRANTED.
THE SIGN IS THERE, THE VARIANCE IS GRANTED.
DECADES AGO, THERE'S BEEN NO RECORDED SO FAR, AS I'M AWARE, NO RECORDED COMPLAINTS ABOUT THE SIGN.
AND AGAIN, THE RATIONALE FOR GRANTING THE VARIANCE BACK IN 19 90, 91, I THINK IT WAS, IT, IT HOLDS, IT'S TO CONVEY TO THE TRAVELING PUBLIC, THE BUILDING RIGHT TO, TO FACILITATE GETTING TO THE BUILDING AND RECOGNIZING THE LOCATION THAT IS CONSISTENT.
AND AGAIN, DURING, DURING THE WINTERTIME, THE 6:00 PM RESTRICTION WILL, WILL BE, UM, DISADVANTAGEOUS TO THE APPLICANT BECAUSE YOU'RE GONNA HAVE PERIODS OF OPERATION WHERE IT'S DARK, UH, AND THAT SIGN'S NOT ON.
SO WE, WE DO THINK THAT THE, THE, THE, THE UNDERLYING RATIONALE FOR GRANTING THE VARIANCE AND, UH, IMPOSING THAT CONDITION WARRANTS LIFTING THE CONDITION AND MODIFYING IT HERE.
UM, THERE'S REALLY NO OTHER IMPACT ON THE COMMUNITY.
THERE'S NO CHANGE IN COMMUNITY CHARACTER.
IT'S ACTUALLY CONSISTENT WITH THE, IN FACT, IT'S LESS OBTRUSIVE, UM, TO THE COMMUNITY BECAUSE AS I'VE INDICATED, THERE ARE SIGNS THAT ARE UP 24 HOURS A DAY.
UM, SO THE, THERE'S NO IMPACT ON THE COMMUNITY CHARACTER.
AND, AND, YOU KNOW, UNDER THE CODE, WE ARE ENTITLED TO AT LEAST SOME RELIEF, UM, BECAUSE ORDINARILY YOU'RE ENTITLED TO HALF AN HOUR AFTER CLOSING.
SO I GUESS, YOU KNOW, IN THE ALTERNATIVE, I WOULD ASK THAT THE CONDITION BE ELIMINATED.
AND IF YOU REPLACE WITH A CONDITION THAT THE SIGN BE ALLOWED TO REMAIN ON AT LEAST ONE HALF HOUR AFTER CLOSING.
WELL, WHEN YOU USE THE TERM CLOSING AND YOU TALK ABOUT POSSIBLE PERSONNEL BEING IN THE BUILDING, UM, THAT DOESN'T MEAN THAT YOU'RE NECESSARILY OPEN FOR BUSINESS PER SE.
YOU'RE OPEN FOR EMPLOYEES USING THE BUILDING FOR WHATEVER PURPOSE.
SO HOW DO WE PUT A TIME ON THAT? OR HOW DOES THE TOWN PUT A TIME ON THAT, I SHOULD SAY? I MEAN, I GUESS YOU COULD SAY, UM, CESSATION OF NORMAL OPERATIONS, SOMETHING LIKE THAT.
WHICH IS WHAT CURRENTLY I BELIEVE IT'S, UH, EIGHT TO EIGHT.
ANY OTHER QUESTIONS? ALL RIGHT.
HEARING NOTHING FURTHER, WE WILL MOVE ON.
OH, MAY I JUST SAY, UM, I, I HAVE ONE FURTHER, FURTHER THING.
UH, MADAM CHAIRWOMAN, I FORGOT.
I, I JUST, I JUST WANNA ADDRESS ONE POINT THAT I BELIEVE MR. HARRISON RAISED IN THE APRIL MEETING.
YOU KNOW, THERE'S, I KNOW THERE'S ALWAYS CONCERN ABOUT PRECEDENT SETTING PRECEDENT, BUT I JUST WANNA HIGHLIGHT AGAIN THAT I'VE STATED IT, THAT, YOU KNOW, THIS IS A, A LITTLE DIFFERENT SCENARIO BECAUSE IT'S, IT'S, WE'RE WE'RE ASKING TO MODIFY A CONDITION OF A VARIANCE THAT WAS ALREADY GRANTED.
SO IT'S NOT LIKE A NEW APPLICATION FOR A VARIANCE THAT'S BEFORE YOU.
SO THAT'S A SIGNIFICANT FACTUAL AND PROCEDURAL POINT THAT, YOU KNOW, THE COURT, THE BOARD COULD RELY ON IN THE FUTURE IF IT HAD TO DISTINGUISH, YOU KNOW, THIS CASE FROM ANOTHER.
UM, SO, YOU KNOW, WITH THAT, AGAIN, WE, WE RESPECTFULLY REQUEST THAT, THAT THE CONDITION BE CHANGED TO 8:00 PM EIGHT 8:00 AM TO 10:00 PM A AS, UM, YOU KNOW, THE BOARD INDICATED AT THE APRIL MEETING.
UH, AND ALTERNATIVELY, YOU KNOW, WE WOULD ASK THAT THE BOARD, YOU KNOW, CERTAINLY, UH, MODIFY IT SO IT'S CONSISTENT WITH THE CODE AS IT STANDS.
ANY COMMENTS NOW, MR. HARRISON? WE CAN'T HEAR YOU.
I AGREE WITH WHAT, UH, THE COUNCIL JUST SAID.
ALL RIGHT, THEN WE WILL MOVE ON TO CASE 2110.
JOHN LABINA PROPERTY AT AXER RIDGE LANE IRVINGTON.
[01:10:02]
CHUCK PATEMAN.MR. PATEMAN, YOU'RE, YOU'RE MUTED.
CHUCK PATEMAN AND I'M HERE THIS EVENING WITH JOHN LABINA.
UH, WE WELCOME THE COMMENTS OF THE BOARD.
WE HAVE SUBMITTED A BRIEF THREE-PAGE LETTER, WHICH, UH, SIMPLY ADDRESSES THE REQUEST FOR THE VARIANCE AND WHAT THEY ARE AND THE REASON WHY WE THINK WE MEET THE CRITERIA OF THE FIVE POINT TEST.
UH, WE HAVE ALSO SUBMITTED SOME PICTURES AND A SITE PLAN THAT I THINK REALLY, UH, SHOWS WHAT THE, WHAT THE PROBLEM IS HERE.
UH, GARRETT, ARE WE ABLE TO PUT THESE UP OR NOT? I DID EMAIL 'EM BACK TO YOU.
WOULD YOU LIKE I'LL START WITH THE SITE PLAN.
IS THAT OKAY? YEAH, LET'S START WITH THE SITE PLAN.
YEAH, I'LL HAVE THAT UP IN A MOMENT.
AND ALONG WITH THE SITE PLAN, WE HAD PICTURES OF THE DRIVEWAY, AND IN THAT PICTURE THERE'S THREE CARS IN THE GARAGE, AND THEN THE OTHER FIVE CARS ARE OUTSIDE.
SO WHAT WE HAVE HERE REALLY IS, IT'S TWO CIRCUMSTANCES.
ONE IS THE FACT THAT THE FAMILY HAS, UH, EIGHT CARS, WHICH IS, IS NOT NORMAL.
BUT TODAY IT IS SOMEWHAT LIKE THAT.
HERE'S THE SITE PLAN, AND THIS IS THE AREA OF THE FIRST VARIANCE.
AND THIS IS WHERE YOU SEE THIS HAS TO BE 30 BY 30.
AND THIS IS THE FIRST PICTURE SHOWING THE FIVE CARS IN THIS AREA.
AND THE FACT HERE, IT'S A THREE CAR GARAGE, WHICH IS ACTUALLY 36 FEET ALONE FROM DOOR TO DOOR INTO THE DOOR TO DOOR.
AND THAT EXCEEDS THE 30 FEET AS IT IS.
BUT IF YOU, CAN WE BRING UP THAT PICTURE.
NOW, LET ME WHILE WE HAVE THIS UP TOO.
THIS IS THE AREA OF THE VARIANCE ON THE TOP SECTION, AND THIS IS THE LOWER SECTION.
WE PICK UP THE 20 FEET THAT'S REQUIRED RIGHT HERE.
SO THESE ARE REALLY QUITE MINIMAL AREAS WHEN WE, WHEN WE LOOK AT IT.
I EVEN THOUGHT IT WAS A LOT MORE MYSELF, SO I SCALED IT OFF.
UH, WE COULD JUST TAKE A LOOK AT THE PICTURE NOW.
YOU'LL SEE THE THREE CAR GARAGE.
SO THERE ARE THREE CARS INSIDE THE GARAGE, AND THEN THEY HAVE A TOTAL OF EIGHT CARS.
HERE IS FIVE OTHERS OUTSIDE THE DRIVEWAY.
AND AS YOU CAN SEE, THERE'S REALLY A GREAT DEAL OF MANEUVERING JUST TO GET ANY CAR OUT OF HERE RATHER THAN THE TWO THAT ARE IN THE BACK.
UH, IF WE COULD GO BACK TO THE LANDSCAPE, BUT LET'S GO BACK AGAIN TO THOSE.
TO THE OTHER PICTURE OF THE DRIVEWAY, WE'VE TRIED TO SHOW YOU HERE WHAT IT LOOKS LIKE WITH THE CARS ON THE SIDE.
ANOTHER CONCERN HERE IS THAT THEY'RE PRETTY CLOSE TO THE WALL.
IF SOMEONE PULLS UP, THEY'RE ALSO GONNA STAY OUT FURTHER SO THEY CAN OPEN THE DOOR.
BUT WE HAVE A 200 FOOT DRIVEWAY AND WE'RE CONCERNED ABOUT EMERGENCY VEHICLES, FIRE TRUCKS ALSO, UH, BEING ABLE TO COME UP HERE WITHOUT THE NEED FOR THIS VARIANCE, WHICH AGAIN, IS MINOR.
BACK TO THE, UH, LANDSCAPE PLAN, PLEASE.
WE HAVE ALSO AGREED TO, AND, AND ALTHOUGH NOT REQUIRED, PUT ALL OF THIS PLANTING, UH, WHICH WILL COMPLETELY BLOCK THIS AREA OF THE SMALL VARIANTS THAT WE'RE REQUESTING HERE.
ADDITIONALLY, UP HERE YOU'LL SEE THAT, THAT WE HAVE SUBSTANTIAL PLANTING ALSO THAT WILL BLOCK, UH, FROM VIEW THAT PARTICULAR, UH, AREA THAT WE'RE REQUESTING.
THIS IS AN OVERSIZED PROPERTY ALSO.
IT'S, UH, IT'S IN AN R 40 ZONE, WHICH REQUIRES 40,000 SQUARE FEET.
AND IN ACTUALITY IT'S 156,000 SQUARE FEET.
SO EVERYTHING KIND OF GETS LOST IN HERE ALSO.
UH, I THINK THAT'S PRETTY MUCH ALL WE HAVE.
WE'RE HERE OF COURSE, TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.
ANY QUESTIONS FROM THE BOARD? UM, THERE WAS A STATEMENT MADE ABOUT THE NEED FOR, UM, ONE OF THE VEHICLES BEING ABLE TO HAVE 24 HOUR ACCESS BECAUSE OF, UM, UH, THE, THE BUSINESS THAT IT, THAT'S INVOLVED IN.
IS THAT CORRECT? YES, THAT'S CORRECT.
THEY'RE IN A BUSINESS THAT REQUIRES 24 HOUR MAINTENANCE.
SO, AND IT'S RUN BY, UH, JOHN LEVI AND HIS CHILDREN.
SO ONE OF THEM MIGHT HAVE TO LEAVE AT ANY TIME OF THE HEIGHT.
'CAUSE IT'S AN EMERGENCY TYPE OF, THIS IS THE VEHICLE SITUATION TOO.
YEAH, IT'S, THE VEHICLE IS A, A SMALL PICKUP TRUCK THAT'S SHOWN IN, NOT, IT'S NOT SMALL, IT'S BIG, BUT WELL SHOWN IN
[01:15:01]
THE PICTURE, BUT YES, THAT'S CORRECT.UM, SO IT HAS COMMERCIAL PLATES? NO, NO, NO, NO, IT DOESN'T.
NO, IT'S, IT'S, IT'S IN THAT PICTURE.
UH, IF WE GO BACK TO, IF WE CAN GET THAT PICTURE BACK WHERE THE VEHICLE'S IN FRONT OF THE HOUSE, IT'S THE GRAY, IT'S THE GRAY ONE RIGHT THERE, RIGHT HERE.
AND THAT'S NOT A COMMERCIAL PLATE.
SO, YOU KNOW, IT'S NOT A MATTER OF SAN ANGELO HAS TO STOP HERE AND THEN DRAG EVERYTHING UP THAT WAY.
IT IS ALSO A SERIOUS SAFETY ISSUE IF THEY'RE NOT ABLE TO GET TO GET BY HERE.
WE DID LOOK AT, YOU KNOW, NARROWING WITH MORE, BUT IF WE NARROW IT MORE, IT BRINGS IT OUT TO ALMOST THIS FAR.
AND THAT, THAT WAS YOUR SUGGESTION, BUT IT REALLY DIDN'T WORK.
SO WE THOUGHT THE LANDSCAPING WOULD SOMEHOW MITIGATE THE IMPACT.
IN READING THE, UH, THE THREE PAGE, UH, SUMMARY THAT YOU HAD PROVIDED THE BOARD, UM, I WAS A LITTLE UNCLEAR.
IT MADE IT SEEM AS IF IN THAT PICTURE THAT WAS TO REPRESENT WHAT THE WIDTH OF THE DRIVEWAY WOULD BE, IF THE, UM, VARIS WERE GRANTED SO THAT YOU COULD WIDEN THE DRIVEWAY.
IS THAT THE CASE OR IS THAT HOW IT EXISTS TODAY? THAT'S THE EXISTING DRIVEWAY IT WAS PUT ON IN PRIOR TO THEM UNDERSTANDING THE ORDINANCE AND, AND REALIZING THAT THEY DID REQUIRE VARIANCE.
YOU, THE LETTER THAT YOU PROVIDED, SAY YOU WORK ON CARS, JUST YOUR OWN PERSONAL CARS, YOUR SON AND YOUR CARS, OR ANYONE ELSE'S CARS THAT YOU WORK ON? NO, JUST ON OURS.
AND THAT'S WHY HE'S, IT'S A HOBBY THAT, THAT HE AND HIS TWO BOYS, UH, YOU KNOW, THEY LOVE, THEY HAVE A BIG GARAGE AND THEY WORK ON THE CARS IN THERE.
THEY'RE BETTER OFF ON DOING SOMETHING LIKE THAT THAN HANGING OUT IN THE STREETS.
AND IT COSTS THEM A LOT OF MONEY TO DO THAT WITH THESE CARS.
ANY OTHER QUESTIONS? YES, MR. BOWDEN? NO.
OH, I THOUGHT YOUR HAND WAS UP.
NO, ANYONE? NO ONE FROM THE PUBLIC HAS REQUESTED TO SPEAK.
I WOULD JUST LIKE TO NOTE THAT THERE WAS NO PUBLIC OPPOSITION AT THE LAST MEETING EITHER.
AND THE NEXT CASE WE HAVE IS ONE OF OUR NEW CASES, CASE 2114 RAFAEL AND EVRY COLOGNE PROPERTY AT 1 27 RUSSELL STREET, WHITE PLAINS.
AND WHO IS HERE TO ADDRESS THIS MATTER? UH, HELLO.
I'M ACTUALLY, YOU, YOU CAUGHT ME DRIVING FROM LONG ISLAND TO, BUT I'M NOW GOING TO SWITCH TO THE SEATING.
MY SON IS GONNA DRIVE AND WE'LL BE ABLE TO SPEAK TO YOU.
JUST STATE YOUR NAME FOR THE RECORD WHEN YOU GET THAT.
TELL ME WHAT YOU'RE GONNA TELL ME.
EMILIO ESCALADES, ARCHITECT AND ENGINEER FOR THE PROJECT.
UH, CAROL, WILL YOU HELP ME WITH THE, UH, THE GRAPHICS? UH, YEAH, I THINK GARRETT IS GONNA HELP YOU ON TO SOME.
JUST AS AN INTRODUCTION, MR. AND MRS. COONE MOVED INTO THE PROPERTY ROUGHLY ABOUT A YEAR AND A MAYBE TWO YEARS AGO.
AND LIKE ALL NEW, UH, BUYERS OF PROPERTY, THEY ASSESS THE, UH, THE IMPORTANCE OF WHAT THEY NEED.
ONE OF THE THINGS THAT THEY, THEY ENDED UP DECIDING IS THAT THEY CELEBRATE A LOT OUTSIDE OF THE HOUSE, ESPECIALLY NOW IN WEATHER LIKE THIS.
AND THE, THE WAY THAT THE GEOMETRY OF THE HOUSE IS ARRANGED FORCES, THE, THE ACTIVITIES, THE EXTERIOR ACTIVITIES TO BE RIGHT NEXT TO THE ONLY DOOR THAT LEADS TO THE, OUT TO THE OUTSIDE OF THE IMMEDIATE, UH, REAR OF THE HOUSE.
UM, IF, WHEN YOU LOOK AT THE SITE PLAN, WHICH WE WILL SEE IN A MINUTE, YOU'LL SEE THAT THE HOUSE IS CORNERED.
IT'S LOCATED, IT'S A LARGE PROPERTY, BUT THE PROPERTY, THE HOUSE IS ACTUALLY BUILT
[01:20:01]
AGAINST THE, I I WOULD CALL IT THE LEFT SIDE AND THE ANGLED WALLED PROPERTY LINE AT THE IMMEDIATE REAR OF THE, OF THE HOUSE.UM, SO THEIR DESIRE WAS TO BUILD A, A A A STRUCTURE UNDER WHICH THEY CAN, THEY CAN, THEY CAN COOK, THEY CAN MEET, THEY CAN HAVE A, A TABLE, HAVE A DINNER.
UH, IT'S LIKE A PERGOLA STRUCTURE.
THEY DIDN'T KNOW THE RULES OF THE TOWN, SO THEY BUILT IT, UH, WITH A FRIEND UNTIL THEY GOT A VIOLATION.
OF COURSE, I CAME TO THE PICTURE AND I EXPLAINED TO THEM THE, THE NEED FOR IF, IF WE NEEDED, IF WE HAD TO MAINTAIN THE STRUCTURE THERE, WHICH IS, WHICH WAS THERE, UH, THEIR WISH.
AND WE SECURE, UM, UH, A BUILDING PERMIT.
AND IN ORDER TO GET THE BUILDING PERMIT, WE WOULD DO, UH, UH, GET OBTAIN OF AREAS YOU SEE THE PROPERTY.
I CAN'T, I I'M HAVING TROUBLE.
I I'M LOSING BIG CHUNKS OF HIS, OF HIS, UH, SENTENCES.
I JUST WANNA VERIFY IF YOUR AUDIO IS, IS, IS, IS CLEAR.
IF YOU COULD, UM, JUST DO A TEST.
ALRIGHT, WE'LL GIVE IT A SHOT.
ULTIMATELY, IF IT BECOMES INAUDIBLE EMILIO, UM, THE STENOGRAPHER'S NOT GONNA BE ABLE TO PICK IT UP.
AND WE MAY HAVE TO TRANSITION TO ONE OF THE TWO OTHER CASES AND GET BACK TO YOU,
ALRIGHT, WE'RE GOING TO STOP AND WE ARE GOING TO ELIMINATE THAT OPTION OF BAD SIGNAL.
WE'RE GONNA STOP ON THE SIDE OF THE ROAD.
GO AHEAD AND YOU ARE, YOU'RE GONNA BE ABLE TO HEAR ME PERFECTLY WELL.
OKAY, EMILIO, I HAVE THE, UH, AERIAL PHOTO, SO I HOPE THAT'S HELPFUL.
UM, IF THERE'S SOMETHING, CAROL, IF YOU HAVE SOMETHING ELSE, YOU CAN EMAIL ME, THAT'D BE GREAT.
YOU SEE THE ROAD AND THE FRONT, THE DRIVEWAY YOU CAN SEE COMING FROM THE ROAD TO THE HOUSE, THERE'S A GARAGE STRUCTURE, WHICH IS THE WHITE SQUARE.
AND THE, THE BLACK SQUARE IS THE MAIN HOUSE.
IF YOU LOOK AT THE CONCRETE EDGE, BE BEHIND THE HOUSE.
AT THE APEX, EXACTLY RIGHT THERE.
AS YOU CAN SEE IT, IT'S THE ONLY PLACE WHERE THE DOOR FEEDS FROM THE BACK OF THE HOUSE TO THE REAR OF THE PROPERTY.
SO EVEN THOUGH WE HAVE ALL THIS GARDEN TO OUR RIGHT, UH, IT'S NOT, IT'S NOT USABLE.
IT'S NOT AN IMMEDIATE USE FOR THE, THE HOMEOWNERS.
THE HOMEOWNERS CAN ONLY USE THEIR BACKYARD RIGHT AT THE PROPERTY, AT THE EDGE, UH, AT THE REAR END OF THE HOUSE.
AND RIGHT THERE WHERE THE MARKER IS, IS WHERE THE PERGOLA HAS BEEN ERECTED IN A TEMPORARY FASHION.
UM, IF YOU LOOK, UH, WELL THAT'S THE, THE, YEAH, THE, THE PREVIOUS SHOT WAS THE BEST ONE.
'CAUSE IT GIVES YOU A, UH, UH, BIRD'S VIEW OF, OF EVERYTHING.
NOW THE, SO, SO WE, WE, WE FIND OURSELVES, UH, BUILDING A PERGOLA IN THE ONLY PLACE WHERE WE CAN BUILD A PERGOLA.
IT'S VERY IMPORTANT THAT THE BOARD UNDERSTAND THAT BECAUSE USUALLY I LIKE TO COME WITH ALTERNATIVES.
THERE IS NO OPTION FOR THE TYPE OF VIEWS THAT THEY WOULD LIKE OR EVERYBODY WOULD LIKE TO ENJOY IN THE BACK OF THEIR PROPERTY.
UM, IT, IT'S ALSO INTERESTING TO SEE HOW ALL THE PROPERTIES IN THE AREA ARE, ARE KIND OF SHELTERED FROM EACH OTHER WITH VEGETATION.
UM, THE, THE WALL BETWEEN THE PROPERTY ON THE LOWER SIDE AND OUR PROPERTY IN YELLOW, UM, IS, THAT'S THE CLOSEST HOUSE, BY THE WAY.
AND RIGHT THERE WHERE THE MARKER IS, IT'S, THERE IS A, AND IT SEEMS LIKE THE OWNER, AND I DON'T BLAME HIM, HE HAS POSITION POSITIONED ELEMENTS OF ALONG THAT WALL THAT KIND OF BEFIT THE USE.
HE HAS, HE HAS A, A WOOD PILE, HE HAS THE GARBAGE CANS.
ALL OF THE UTILITARIAN STUFF IS UP AGAINST THE WALL.
THAT IS COMMON WITH THE APPLICANT'S PROPERTY.
SO THERE'S A, AND, AND THERE ARE NICE TREES AND NICE VEGETATION.
THE, THE, THE PROPERTIES ARE IMPECCABLE.
THEY ARE VERY WELL MAINTAINED.
UM, AND, AND SO, BUT I WANNA NOTE, I WANNA MAKE SURE THAT THE, THE BOARD UNDERSTANDS THAT THIS EDGE IS THE UTILITARIAN EDGE OF THAT HOUSE.
THAT IF YOU LOOK FURTHER TO THE EAST, YOU WILL FIND A BEAUTIFUL GARDEN, WHICH IS THE TRANQUIL
[01:25:01]
SIDE OF OUR NEIGHBOR'S PROPERTY.LIKE ALL THE OTHER PROPERTIES THEY HAVE, THEY HAVE A TRANQUIL SIDE AND A BUSY SIDE.
SO THE COMMON WALL, THE WALL THAT WE ARE BUILDING AGAINST IS THE WALL WITH WHICH HE IS USING AS A UTILITARIAN SPACE.
THIS IS VERY IMPORTANT TO MAKE THAT STATEMENT CLEAR BECAUSE OF PROBABLY SOME OF THE COMMENTS THAT WILL BE MADE.
IT IS ALSO NOTICED THAT THERE ARE CHAIRS AND TABLES RIGHT AT THAT UTILITARIAN SPACE, UH, OF OUR NEIGHBORS.
UH, NOW I DON'T WANNA JUST MENTION THEIR NEIGHBORS, I'M JUST SAYING THAT IT IS A PROPER USE THE WAY THAT THE WHOLE PROPERTY IS BEING USED BY EVERYBODY IS CORRECT.
AND, AND, AND IT KIND OF, IT'S LIKE A NATURAL SOCIAL GROWTH OF ANYONE LIVING IN A PROPERTY.
I AM SAYING, AGAIN, I REPEAT THE ONLY PLACE WHERE WE CAN EXIT AND USE THE PROPERTY.
HERE, HERE IT IS, HERE'S A BETTER VIEW OF THE TWO.
THAT LARGE TREE IS RIGHT AT THE PROPERTY BETWEEN THE APPLICANTS AND THE, UH, CLOSEST NEIGHBORS TO THE RIGHT.
AS YOU CAN SEE, THE GARBAGE CAN IS THERE, THE SHED IS RIGHT UP AGAINST THE WALL.
IT'S NOT EVEN FIVE FEET AWAY, WHICH WE DON'T MIND BY THE WAY.
IT'S A PROPER USE OF THAT CORNER THAT'S A UTILITARIAN CORNER.
THERE ARE TABLES AND CHAIRS RIGHT THERE NEXT TO THE CAR, WHICH IS USED IN THERE.
THEY, THEY SIT DOWN AND THEY CHAT.
UM, THE PERGOLA CAN BE SEEN TO THE LEFT SIDE OF THE TREE.
YOU CAN SEE THE, THE SLIGHT ELEMENT, THE PEAK OF THE PERGOLA.
UM, AND THEN AGAIN, THE, THE, THE, THE COMMON WALL.
THAT PICTURE SHOWS IN IN MORE DETAIL HOW THE NEIGHBORS VIEW THAT WALL.
AND HERE IS THE VIEW FROM THE APPLICANT'S HOUSE, CLOSEST POINT TO THE NEIGHBOR'S HOUSE.
AND THAT SHED IS BLOCKING OUR VIEW.
IN FACT, WE ARE PROPOSING IN THIS APPLICATION TO PUT, UH, AVID, GIANT AVID RIGHT THERE WHERE, WHERE THE, UH, THE WALL OF THE SHED IS SO THAT WE WOULD HAVE AN IMAGINARY, UH, UH, GREEN WALL SEPARATING VISUALLY, WHICH IS, WHICH IS REALLY WHAT I THINK IS THE BIGGEST, UH, UH, IMPACT THAT WE WOULD HAVE ON OUR NEIGHBORS.
UM, THIS IS IMMEDIATELY THE BACKYARD THAT WE CAN SEE OVER OUR PROPERTY LINE.
SO AGAIN, IT'S, IT'S A UTILITARIAN.
THERE'S A, THERE'S A TOOL THERE.
THERE'S A, THERE'S A WHEELBARROW.
THERE'S, UM, IN OTHER WORDS, IT IS NOT A SACRED EDGE OF TRANQUILITY AND SILENCE AND CONTEMPLATION THAT IS ON THE OTHER SIDE.
SEE, THAT WHOLE PROPERTY IS PAVED BEAUTIFULLY, AND THAT'S HIS PARKING AREA.
AND BEYOND THAT PARKING SURFACE IS THE GREEN, UM, UH, GARDENS THAT, UH, THAT TUMBLE DOWN TO THE TOWARDS WHITE PLAINS.
IF YOU GO TO THE NEXT ONE, CAROL, YOU, YOU'LL SEE, UH, YOU SEE THAT BEAUTIFUL GARDEN THAT HE HAS ON THE OTHER SIDE.
SO I'M TRYING TO EXPLAIN TO THE BOARD THE QUALITY OF THE NEIGHBORS, UH, ALL AROUND.
ALL OF THE NEIGHBORS HAVE A VERY BEAUTIFUL MAINTAINED PROPERTY.
AND THERE'S THE ABOE, UH, HERE IS A PICTURE WHERE I'M SHOWING, UM, THE POSSIBLE HEIGHT OF THE GIANT ARVID AFTER PLANTINGS.
SO, UH, IT, THERE WOULD NOT BE ANY VISUAL IMPACT BETWEEN THE NEIGHBOR'S PROPERTY AND THE APPLICANT'S PROPERTY.
THAT'S, THAT'S THE, THAT'S THE ESSENCE OF THE PRESENTATION.
WE'RE WE'RE HOPING THAT THE BOARD CAN UNDERSTAND THE, THE REASONING WHY THE, THE, THE PERGOLA WAS BUILT THERE, UH, AND WHY WE NEED TO CONGREGATE THERE.
IT IS THE EASY ACCESS TO THE HOUSE.
EVERYBODY HAS A DECK NEXT TO THE KITCHEN, NEXT TO THE, THE, THE SLIDING DOOR.
IT'S JUST THAT WE ARE BY THE, BY THE GEOMETRY AND THE EXISTING LOCATION OF THE HOUSE.
WE ARE, WE ARE A FORCE TO BE IN THAT, IN THAT SIDE, THAT CLOSE TO THE WALL.
ALSO, I WANT TO BRING TO THE ATTENTION OF THE BOARD THAT, UM, WE HAVE ABOUT 11 SIGNATURES OF OUR NEIGHBORS, UH, SAYING WE AGREE WITH THIS APPLICATION.
WE WELCOME OUR NEIGHBORS HERE.
AND THEY SIGNED IN, IN, IN, IN, UH, IN, IN A, IN, IN, IN A WAY, UH, IN APPLICATION, IN, IN AGREEING WITH OUR APPLICATION.
SO LETTING THE BOARD KNOW THAT THEY HAVE NO ISSUES WITH IT.
I I I I WOULD BE READY TO, ANY QUESTIONS THAT YOU MIGHT HAVE.
ANY QUESTIONS FROM THE BOARD? YES, THE, UH, AM I UNMUTE? YES.
UM, SO YOU, YOU'VE EXPLAINED THE UTILITARIAN ASPECT OF THE, THE AREA OF THE NEIGHBORS NEXT DOOR.
UM, BUT YOU, YOU'RE NOT REALLY EXPLAINING WHY THERE IS A NEED TO EXPAND AND ALREADY NON-CONFORMING STRUCTURE.
UM, SO WE KNOW THAT IT'S ALL, THERE'S A STRUCTURE
[01:30:01]
BUILT ALREADY AND THEY WANT TO EXPAND UPON IT.YOU HAVEN'T EXPLAINED, AT LEAST, UM, TO ME WHY THAT'S NECESSARY.
WELL, NO, THE STRUCTURE WAS STARTED, IT WAS BUILT BY MISTAKE.
THEY DID NOT HAVE THE BENEFIT OF A BUILDING PERMIT.
SO THEY, THEY, THEY EXERCISED THE CONSTRUCTION WITHOUT THE BENEFIT OF A BUILDING PERMIT.
AND THEY WERE, OF COURSE, WERE GIVEN A VIOLATION.
AND IN ORDER TO RESOLVE THE VIOLATION, I, I SUBMITTED DRAWINGS, WHICH WILL ALLOW IF THE BOARD ISSUES THE, THE SETBACK THAT WE NEED, BECAUSE IT IS A STRUCTURE THAT NEEDS A CERTAIN DISTANCE OFF THE, FROM THE PROPERTY LINE.
SO IT'S NOT, IT'S NOT THAT, UH, WE'RE ASKING FOR IT.
WE ARE TRYING TO RESOLVE WHAT WE STARTED ILLEGALLY BY THEM.
UM, THE, THE, THE, THE, THE SOLUTION THAT I'M, I'M SAYING, UH, IS THAT THE ONLY PLACE WHERE THEY CAN HAVE A TYPE OF GATHERING SPACE NEXT TO, LIKE EVERY FAMILY IN THE US HAS A DECK OFF OF THE KITCHEN, IS THAT AREA RIGHT THERE.
AND, AND AS PART OF THAT, UH, UH, CELEBRATION, THEY'RE DOING A PERGOLA SO THAT THEY CAN PROBABLY, UH, UH, BE ABLE TO EAT WHEN IT RAINS AND THE, UH, UH, SEVERE WEATHER AND, AND IT'S LIKE A PERGOLA STRUCTURE RIGHT NEXT TO, RIGHT NEXT TO THE HOUSE.
THAT'S, THAT'S, THAT'S WHAT WE'RE DISCUSSING HERE.
BUT WE HAVEN'T REALLY FULLY EXPLAINED THE FACT THAT, YOU KNOW, SO IT WAS BUILT ILLEGALLY TO BEGIN WITH.
UH, THEY'RE NOT TRYING TO LEGALIZE, UM, THIS, BUT IN FACT ARE ATTEMPTING TO EXPAND UPON IT AND INCREASE A NON-CONFORMING STRUCTURE.
UM, WHEN YOU SAY EXPAND IT, UM, I'M, I'M NO, THE THE RIGHT WORD YOU USED, IT'S CORRECT.
I'M TRYING TO LEGALIZE THE CONDITIONS THAT EXIST NOW.
WHICH IS, WHICH IS A SKELETON STRUCTURE.
A SKELETON STRUCTURE OF THE, UH, UM, OF THE PERGOLA.
SO WE, THE, BUT MAYBE WE'RE GETTING CAUGHT IN SEMANTICS HERE.
THE, THE STRUCTURE WAS STARTED, THEY WERE GIVEN A VIOLATION.
AND I'M SIMPLY, UH, DOCUMENTING STRUCTURALLY WITH DRAWINGS HOW WE SHOULD FINISH THE STRUCTURE AND, UH, UH, HAVE THE BENEFIT OF A BUILDING PERMIT.
UH, IN DOING SO, IT IS RECOGNIZED THAT THE, IF, IF I PROPOSE THE STRUCTURE AS I AM PROPOSING IT, WE NEED A VARIANCE FROM THE SIDE YARD OF THE WALL.
THAT'S, IT'S, IT'S NOT THAT WE, IT'S NOT THAT WE
WE WE'RE, WE ARE, WE ARE BASICALLY SEEKING RELIEF FROM THE, FROM THE SETBACK REQUIREMENT FOR A STRUCTURE.
SO, UM, THIS IS, THIS IS, IN MY MIND, IT'S CLEAR.
IF YOU NEED ME TO SAY ANYTHING ELSE, PLEASE ASK ME IN A DIFFERENT WAY.
'CAUSE UM, I ONLY SEE IT THAT WAY.
WE NEED THE BOARD TO RECOGNIZE, OKAY, YOU'RE DOING THIS, BUT YOU'RE DOING IT TOO CLOSE TO THE WALL.
UM, WE AGREE WITH YOUR REASONING FOR, UH, BECAUSE WHY, WHAT IS THE HARDSHIP? THE HARDSHIP IS THAT WE CANNOT PLACE THIS, USE THIS TYPE OF USE
IF YOU LOOK AT THE SITE PLAN, WE'RE FORCED TO BUILD RIGHT THERE WHERE THE WALL IS.
WE HAVE NO OPTION OF MOVING IT TO THE LEFT, MOVING IT TO THE RIGHT.
IT, IT, WE'RE STUCK BECAUSE THE HOUSE IS PUSHED ALL THE WAY BACK.
IT IS, IT IS ACTUALLY A NON-CONFORMING SITUATION FOR US TO USE THOSE WORDS BECAUSE IT IS, IT IS LOCATED NOT IN THE MIDDLE.
SO THAT WE COULD COMPLY AUTOMATICALLY BY BUILDING THE PERGOLA, UH, LIKE WE WANT TO RIGHT NEXT TO THE HOUSE.
BUT BECAUSE THE HOUSE IS SO SHOVED AGAINST THE BACK AND THE SIDE, WE, WE CANNOT DO ANYTHING BUT, UH, SEEK A VARIANCE TO BE ABLE TO, TO BUILD OR TO KEEP THE STRUCTURE THAT WE HAVE STARTED.
WHAT'S THE SIZE OF THE PERGOLA? IT, UH, BELIEVE IT'S AN OCTAGON.
UH, UH, EACH SIDE IS ABOUT 10, UH, EIGHT FEET TO NINE FEET.
BUT LIKE IN TERMS OF SQUARE FOOTAGE, DO YOU KNOW? UM, I WOULD, I WOULD, UH, I DON'T HAVE THE DRAWINGS IN FRONT OF ME, BUT, UM, THE, THE, THE, UM, UH, I DON'T HAVE THE FORMULA OF THE OCTAGON, BUT I, LET'S SAY IT'S A 10 BY 10, I WOULD SAY 110.
I THINK YOU WERE ASKING FOR THE DIAMETER, NOT THE CIRCUMFERENCE.
IS THAT CORRECT? IN OTHER WORDS, YOU WANTED TO KNOW ACROSS RATHER THAN HOW, WHY, HOW LONG EACH PARTICULAR SEGMENT WAS? YES.
AND IS THERE A PATIO BACK THERE? THERE IS A,
[01:35:01]
THERE'S A, YES, THERE IS A STONED AREA IN THE BACK.IT'S, IT'S ACTUALLY BUILT ON TOP OF A LARGE NATURAL STONE.
SO THERE ARE SOME PIECES OF NA UH, OF, OF, OF, UH, LAYERING THAT HAS BEEN DONE, UH, BY THE PREVIOUS OWNER.
AND THERE IS A LARGE AREA OF NATURAL STONE THAT'S THERE.
AND, UM, UM, IT, IT DOES EXIST AND THEN IT T IT TUMBLES TO THE GARDEN, TO THE RIGHT AND FRONT.
'CAUSE THAT'S THE HIGHEST POINT OF THAT PARTICULAR LOCATION.
THE, AGAIN, MY, MY MAIN, MY MAIN, UH, UH, ARGUMENT HERE IS THAT I HAVE NO OPTIONS.
THE APPLICANT HAS NO OPTIONS OF PLACING A GATHERING PLACE FOR THE FAMILY.
THE, THE, THE, THIS IS THE ONLY PLACE THAT, AGAIN, HISTORICALLY, ANY FAMILY GOES OUT TO SLIDER FROM THE KITCHEN AND GOES AND SITS DOWN, UH, IN A PICNIC TABLE AND HAS DINNER, AND HAS LUNCH, HAS A CELEBRATION, HAS A BIRTHDAY.
BUT THERE'S A PATIO THERE NOW.
THERE IS, THERE IS A COMBINATION, UH, OF, OF STONE OF IT.
IT'S NOT THE NICEST THING TO WALK OVER.
IN FACT, WE ARE PROPOSING TO, TO, TO SMOOTH OUT ALL THE IRREGULAR, UH, DANGEROUS CONDITIONS OF THIS, OF THE GROUND TO PUT A, UH, A DECK, A TYVEK DECK, SO THAT IT'S SAFE TO WALK AND NOT TO TRIP.
THERE'S A LOT OF CHILDREN INVOLVED, OLDER PEOPLE.
SO THE EXISTING ROUGHNESS OF THE GROUND IS ABSOLUTELY NOT ACCEPTABLE.
IT'S, IT'S, I WOULD SAY DANGEROUS.
THEY COULD, THERE'S DIFFERENCES OF SIX INCHES.
SO ONE OF THE SOLUTIONS, AND I THINK THAT WAS WHAT DROVE THE ENTIRE DESIGN, IS TO BE ABLE TO LEVEL THE PA THE PATIO, IRREGULAR STOVE PATIO AND HAVE A NICE, SAFE, SMOOTH SURFACE FOR EVERYBODY.
CAN I JUMP IN A MINUTE, CHRISTIE, ALONG YOUR LINE OF QUESTIONING? SURE.
UM, IS THERE A, IS THERE A TABLE ON TOP OF THE PATIO RIGHT NOW? THERE IS.
WE, WE THERE IS THERE, IS THERE AN UMBRELLA THAT GOES ALONG WITH THE TABLE? WELL, I DON'T KNOW IF THERE IS ONE RIGHT NOW, BUT THERE MIGHT BE ONE YES, MAYBE ONE OR TWO.
I, WE DON'T HAVE UMBRELLA UMBRELLA.
WE DON'T HAVE AN UMBRELLA THERE.
THAT'S WHY WE WERE TRYING TO BUILD THE STRUCTURE IN ORDER TO, WELL, YOU HAVE, YOU, YOU HAVE, YOU HAVE A, YOU HAVE A TABLE BACK THERE.
CAN, CAN AN UMBRELLA FIT WITH THE TABLE AND OPEN UP? UH, YEAH.
YES, IT CAN, BUT IT, IT, IT WOULD BE, YOU KNOW, QUITE SMALL TO TELL YOU THE TRUTH.
SO REALLY IT WOULDN'T BE ABLE TO, TO COVER AN AREA OF A, OF, YOU KNOW, FIVE OR SIX PEOPLE.
IT'D ONLY BE ABLE TO COVER A TABLE OF ABOUT THREE OR FOUR, UH, UM, THE PATIO.
WHAT, WHAT'S, HOW, WHAT'S THE DIMENSION OF THE PATIO THAT'S CURRENTLY THERE? WELL, IT'S AN IRREGULAR SURFACE.
THERE'S NO, THERE'S NO, I CANNOT SAY 10 BY 12 BECAUSE IT'S, IT, IT'S, IT'S NOT A REGULAR SHAPE.
IT'S, IT'S AN IRREGULAR, HIS FORMED, UH, UH, BROKEN UP STONE SURFACE.
UM, IT'S MORE, UM, PARALLELOGRAM THAN ANYTHING ELSE.
SO IT KIND OF GOES FROM THE WALL TO SOMEWHERE IN THE MIDDLE OF THE HOUSE AND THEN IT TUMBLES DOWN, THEN IT GOES UP.
UH, IT'S, IT'S A VERY BROKEN UP, UH, PARALLELOGRAM TO SAY, TO SAY THE LEAST.
UM, BUT IT'S, IT'S, LIKE I SAID, THERE'S SIX TO EIGHT INCHES OF DIFFERENCE BETWEEN WITHIN 10 FEET OF EACH OTHER.
IT'S, IT'S, DO YOU HAVE, DO YOU HAVE ANY, DO YOU HAVE ANY PICTURE? 'CAUSE A PICTURE SAYS A THOUSAND WORDS OF WHAT MAC THERE LOOKS LIKE.
I'M TRYING TO PICTURE IT AS YOU DESCRIBE IT TO ME.
NOT, AND SEE WHERE THE PERGOLA, WHERE THE PERLA FITS IN.
I NEVER SHOT SINCE THE QUESTION WAS THE PERGOLA.
WE MADE SURE OF THE PERGOLA, BUT WE NEVER SHOT THE FLOOR.
NO, I, I DON'T HAVE NO PICTURES OF THE BACKYARD BACK THERE.
THERE'S, THERE'S, THERE MIGHT BE ONE, BUT AGAIN, I CONCENTRATED ON THE STRUCTURE.
BUT I'D JUST LIKE TO SEE WHAT BACK THERE LOOKS LIKE.
NOW WITH RESPECT TO THE PERGOLA, RIGHT? IS IT, IS IT ONE THAT YOU ORDERED AND PLACED THERE? OR IS IT ONE THAT'S BUILT? NO, NO, IT'S ONE THAT'S BUILT, CUSTOM BUILT.
IT'D BE NICE TO SEE BACK THERE AND SEE SOME PICTURES, YOU KNOW, UM, FOR ME ANYWAYS, UH, VISUAL TEND TO WORK, UH, GOOD FOR ME AS I LOOK AT A PICTURE.
UM, I HAVE ONE OTHER QUESTION.
COULD YOU BUILD THE PATIO BACK THERE THAT WOULD NOT REQUIRE A VARIANCE
IS THAT POSSIBLE? THE, THE WHOLE IDEA WE'RE TALKING ABOUT IS THE DISTANCE OF NOT REALLY A PER, IT'S A PERGOLA, BUT IT'S THE DISTANCE OF THE STRUCTURE TO THE REAR YARD.
[01:40:01]
THE LOCATION OF THE PERGOLA IS NOT, UH, IT WAS NOT DICTATED BY US.IT WAS DICTATED BY THE POSITION OF THE HOUSE AND OUR DESIRE TO HAVE SOMETHING COVERING OUR FAMILY.
WHEN WE SIT IN THE BACK AND HAVE, HAVE LUNCH, IF IT RAINS, WE HAVE A PERGOLA.
WE CAN STAY OUTSIDE AND ENJOY AND ENJOY THE DAY.
AGAIN, THIS SITE PLAN IS VERY IMPORTANT.
UM, IF YOU, OKAY, I DON'T KNOW IF, UM, DO, DO I SEE THE ENTIRE PICTURE, CAROL? UH, THAT'S FROM THE FRONT.
UM, YOU HAVE, YOU HAVE ONE WITH THE SITE PLAN WITH THE YELLOW? NO, THAT, THAT WAS LIKE THE, SO, SO THE, THE LOCATION OF THE PERGOLA IS DICTATED BY THE LOCATION OF THE HOUSE.
BUT MY QUESTION IS, COULD YOU HAVE A PATIO BACK THERE? PATIO, LET'S SAY NOT THE PERGOLA.
COULD YOU PUT A PATIO BACK THERE THAT CONFORMS TO THE, OUR ZONING ORDINANCE? WELL, THE PATIO DOESN'T NEED TO CONFORM TO ANYTHING.
A PATIO I CAN PAVE WITH STONE UP TO THE PROPERTY LINE.
UH, SO THE ANSWER TO THAT IS IT'S ALREADY THERE.
NO, BUT IT'S AN IRREGULAR, YOU CAN'T GO TO THE PROPERTY LINE WITH A PATIO, EXCUSE ME.
YOU, YOU, THE PATIO REQUIRES A 10 FOOT STEP BACK FROM THE REAR PROPERTY LINE AND FROM THE SIDE PROPERTY LINE, WHAT, WHAT I, WHAT I MEANT IS MULTI NEW PATIO, THERE IS ALREADY A LAYER OF STONE ALL THE WAY UP TO THE PROPERTY LINE.
WE, WE, I THOUGHT WE WERE TALKING ABOUT THAT.
THAT IS THERE, BUT IT'S AN IRREGULAR SURFACE.
SO WHATEVER IS THERE, I I, I, I DID MEASURE BECAUSE IT'S NOT OUR INTEREST.
WE DON'T NEED PERMISSION TO BUILD ANYTHING.
SO IT'S NOT THAT WE WANT PERMISSION TO WALK OVER THE, THE STONE THAT'S ALL MESSED UP.
I WANT PERMISSION TO BE ABLE TO BUILD A DECK THAT SMOOTHS OUT THE FLOOR SO THAT NOBODY'S STRIPPING.
AND IN ADDITION TO THAT, OVER THAT AREA, BECAUSE OF WHERE, UH, UH, UH, THE EXIT POINT OF THE HOUSE IS, IF I WANNA BUILD A PERGOLA THAT GIVES ME SHELTER, IT HAS TO BE RIGHT THERE WHERE I BUILT IT.
THAT WHERE THE PART THAT YOU WANNA SMOOTH OUT THE BOTTOM PART UNDER THE PERGOLA IT, THAT, THAT PATIO OR WHATEVER YOU'RE PUTTING IT ON, COULD THAT BE, COULD THAT CONFORM TO OUR ZONING ORDINANCE? IN OTHER WORDS, IT DOESN'T MATTER.
IF I'M TO KEEP THE BROKEN UP STONE, NO, NO.
IF I'M, IF I'M TO KEEP THE BROKEN UP STONE, I DON'T HAVE TO DO ANYTHING.
BUT, UH, IF, IF, IF YOU'RE SAYING, CAN I, CAN I PAVE ANYTHING UP TO THE PROPERTY? LIKE TONY JUST SAID, WE NEED 10 FEET OF MINIMUM DISTANCE, BUT THE WAY IT IS, IT IS UP TO THE PROPERTY LINE ALREADY.
IT'S ALREADY, THE STONE IS ALREADY THERE.
SO WE DON'T, WE'RE NOT BUILDING THAT.
I IF I, IF I, IF I MAY, CHRISTIE THE YEAH, I MEAN, YOU, WE COULD, WE COULD JUST SMOOTH THE FLOOR BY, BY JUST PUTTING THE DECKING DOWN, AND THAT WOULD BASICALLY BE THE, UH, PATIO AREA.
HOWEVER, THE STRUCTURE IS ALREADY UP THE STRUCTURE, THE PERGOLA POSTS ARE IN THE CEMENT AND THE ROOFING HAS BEEN BUILT.
UH, WE HAVEN'T COMPLETED THE WHOLE STRUCTURE.
SO IT WOULD, IT WOULD BE A, A MATTER OF HAVING TO EITHER GET RID OF THAT THAT'S ALREADY BUILT OR TRYING TO MOVE IT.
AND AS AMELIA SAID, MOVING IT WOULD BE.
WE REALLY, THAT'S OUR BACKYARD.
THE PERSON WAS SUPPOSED TO BE IN THE BACK OF THE HOUSE.
SO I REALLY, WHEN, WHEN DID YOU PURCHASE THE PROPERTY? ABOUT FIVE.
AND WHEN DID YOU BEEN BUILD A PERLA? IT'S BEEN LAST, WE STARTED LAST SUMMER AND THEN WE GOT TO STOP WORK.
AND IT'S, IT'S BEEN SOME TIME TO, TO GET TO THIS POINT WHERE WE'RE AT TONIGHT.
CAN I, CAN I ASK SOME QUESTIONS ON THE HOUSE? UM, DO YOU GUYS HAVE, UM, ANY ADDITIONAL OUTDOOR SPACE ON YOUR HOUSE? PORCHES? DECKS? YEAH, WE HAVE A PORCH.
WE HAVE A FRONT PORCH WHERE, WHERE WE, YOU KNOW, SIT DOWN AND DO A LITTLE PORCH SURFING
BUT, UH, REALLY THE, THE LARGEST AREA THAT WE WOULD BE ABLE TO CONGREGATE AND HAVE MY, YOU KNOW, MY FOLKS COME OVER OR MY WIFE'S FOLKS COME OVER, WOULD BE TOWARDS THE BACK OF THE HOME.
UM, AND, YOU KNOW, IT'D PROBABLY BE MORE APPROPRIATE AS WELL TO KINDA HAVE A PARTY AT THE BACK OF THE HOUSE THAN, THAN AT THE FRONT OF YOUR HOUSE.
AND AND WHAT ABOUT, UM, SO I DROVE BY THERE, I WAS THERE, MM-HMM.
IS THAT PART OF YOUR PROPERTY? IT WAS HARD TO SEE THROUGH THE TREES.
THAT, THAT'S THE FRONT, THAT'S, THAT'S OUR FRONT DECK.
[01:45:01]
LIKE I SAID, IF YOU WANT TO CONGREGATE PRIVATELY WITH YOUR FAMILY, THE BETTER OPTION IS THE BACK OF THE HOUSE WHERE YOU CAN BE WITH YOUR FOLKS AND, AND, YOU KNOW, HAVE PEOPLE PRYING AND CONSTANTLY STARING AT YOU WHILE YOU'RE LISTENING TO MUSIC AND STUFF LIKE THAT.SO THAT'S ULTIMATELY WHERE WE WOULD LIKE TO HAVE OUR CONGREGATION AREA, BUT WE, WE'VE HAD TO KIND OF SETTLE WITH THE, THE, THE OPTION OF DOING THINGS IN THE FRONT UNTIL, UNTIL THIS POINT.
AND THEN, UM, EMILIO, YOU HAD SAID THAT, UM, THE REASON THAT YOU WOULD WANNA PUT IT IN THE BACK, OR IT WAS PUT IN THE BACK WAS BECAUSE THAT'S WHERE THE DOOR IS, BUT IT LOOKED LIKE THERE WAS ACTUALLY STAIRS DOWN TO THE SIDE OF THE HOUSE WHERE THERE LOOKED LIKE THERE WOULD BE SOME MORE ROOM.
IS THERE A REASON WHY? UM, NO.
IT'S HARD TO SEE THROUGH THE HEDGE.
THAT'S, IT WOULD BE REALLY HELPFUL TO HAVE PICTURES OF THE PROPERTY.
THAT WE COULD LOOK AT FROM THE PROPERTY.
THE KITCHEN, THE KITCHEN SLIDING AREA, THE REAR OF THE HOUSE O OPENS RIGHT INTO WHERE WE'RE TRYING TO CREATE THE PERGOLA.
WELL, WE'RE TR WELL, WE'RE TRYING TO FINISH CREATING THE PERGOLA, BUT THEY, IT, WE, IT OPENS TO, THERE'S REALLY NOT, THE SIDE IS, IS IS A LARGE, UM, WE HAVE A LARGE SIDE YARD, A A LOT LARGE SIDE LOT YARD AREA WHERE WE GROW OUR PLANTS AND STUFF, STUFF LIKE THAT.
BUT IT LOOKED LIKE THERE WERE STAIRS DOWN, LIKE THAT, THAT, FROM THAT TO THE SIDE AREA.
SO THAT THERE
THAT ALLOWS ME TO CUT ACROSS, YOU KNOW, UH, OR BRING STUFF UP FROM THE SIDE OF THE HOUSE BECAUSE WE HAVE THAT LONG STAIRWELL COMING UP TO THE FRONT OF THE HOUSE.
SO SOMETIMES WHEN WE ARE BRINGING, UH, GROCERIES OR SOMETHING LIKE THAT, IT'S A LITTLE BIT EASIER TO CUT ACROSS THAT LITTLE STAIRWELL TO BRING TO THE KITCHEN, WHICH IS AT THE REAR OF THE HOUSE.
ALSO, I, I, I WOULD LIKE TO SAY YOUR, THE NEIGHBORHOOD, AS YOU WERE SAYING, IS REALLY BEAUTIFUL, AND YOUR HOUSE IS VERY WELL MAINTAINED.
AND, AND IT IS, IT'S, I, IT LOOKS LIKE THE HILLS OF CALIFORNIA, ESPECIALLY IN THE BACK WHEN YOU WALK BETWEEN THE HOMES.
AND, AND ONE OF THE THINGS THAT I WANNA MAKE SURE THE BOARD UNDERSTANDS, WE ARE GOING TO BE, IF WE ARE ALLOWED, UH, WE ARE SUGGESTING IN PLANTING FIVE OR SIX ARVID AT THAT AREA WHERE, UH, IF ANYBODY SAYS, OKAY, YOU, YOU'RE CREATING A VISUAL IMPACT BY HAVING THIS STRUCTURE.
UM, YOU KNOW, I HAVE A SHED TOO THAT I HAVE TO STARE AT.
I, I CAN ALSO SAY I HAVE VISUAL IMPACT, BUT I THINK THE NEIGHBORS, THE WAY IT IS, IS PERFECT.
I WOULD SIMPLY ALLOW THIS FAMILY TO BE ABLE TO ENJOY THAT BACKYARD, WHICH IS THE ONLY PLACE THAT THEY CAN BE CLOSE TO THE HOUSE.
AND AT THE SAME TIME, WE WILL, WE WILL PLANT OUR VID SO THAT THAT GREEN, UH, A PORTION OF THAT GREEN WALL THAT ALREADY EXISTS IS AUGMENTED AND, AND GIVES US THE PRIVACY, THE VISUAL PRIVACY THAT WE ARE SEEKING.
IT'S A, TO ME, AMIL, LEMME INTERRUPT YOU HERE.
LEMME, LEMME HAVE YOU EXPLAIN SOMETHING TO ME.
SO, OBVIOUSLY YOU WERE NOT BROUGHT IN TO HELP, UM, THE APPLICANT DESIGN, UH, THE LOCATION OF THIS PROGRAM, BECAUSE IF YOU WERE, YOU WOULD PROBABLY RECOMMEND THAT THEY DO NOT TRY TO TRIC IT INTO THE MOST AWKWARD LOCATION ON THE PROPERTY, UH, ON THEIR PROPERTY.
SO YOU, YOU'RE TRYING TO RATIONALIZE WHY, UM, THE APPLICANT WHO DECIDED TO BUILD OFF THE BACK OF THEIR HOUSE AS OPPOSED TO MAKING BETTER USE OF THE SIDE YARD, WHERE THEY COULD HAVE DONE ALL KINDS OF PHENOMENAL THINGS WITHOUT NEEDING A VARIANCE WHATSOEVER.
MY WIFE, UH, LOU LEWIS, UM, IF I MAY, THE UH, UH, THE, WHEN WE, WHEN WE SAW THAT THE PERGO, WE WERE THINKING OF A PERGOLA, A PERGOLA IS USUALLY DONE IN THE BACK OF YOUR HOME, NOT TO THE SIDE OF YOUR HOUSE.
SO WHEN WE WERE THINKING OF DOING THE PERGOLA, WE SAID, OKAY, AND WE START NOW, OF COURSE, WE MADE THE MISTAKE, IGNORANTLY WON'T HAPPEN AGAIN IN THE FUTURE.
WE, WE LEARNED A LOT OF THIS PROCESS.
WE WERE COOKED NATURALLY FROM BROOKLYN.
PEOPLE DON'T NORMALLY CARE ABOUT WHAT YOU'RE DOING.
AND SO, YEAH, WE, WE BE CAREFUL.
I
IN THE BOOK AND
YOU KNOW, WE, WE UNDERSTAND THAT AND WE LEARNED A LOT.
UH, YOU KNOW, WE'RE CALLING, TALKING TO BOB FROM BUILDINGS AND CAROL AND WE LEARNED A LOT THROUGH THE WHOLE PROCESS.
AND AMELIA AS WELL HELPED US A LOT.
[01:50:01]
WERE TOTALLY AT FAULT AT THE BEGINNING OF THIS.WE, WE SCREWED UP, WE MADE IT THE WRONG WAY.
AND NOW THAT, THAT, UH, WHEN WE GOT TO STOP WORK, THE WORK STOPPAGE, UH, THAT'S WHEN WE WOULD, WE WERE TOLD WE NEEDED AN ARCHITECT ENGINEER.
AND THAT'S WHEN WE WERE TRYING TO GET DOMINGO TO HELP US TO, TO COME AND TRY TO FIX IT.
AND WE'RE TRYING TO ASK THE, THE, TO, TO SEE WHAT WE COULD DO WITH THE, WITH THE CURRENT STRUCTURE SO THAT WE ARE IN COMPLIANCE OR, OR GET THE VARIANCE.
UM, SO THAT, THAT'S, THAT'S REALLY WHAT HAPPENED.
LOU, I, I REALLY, WE DIDN'T THINK OF DOING IT TO THE SIDE OF THE HOUSE.
'CAUSE WE FELT THAT THE PERGOLA WOULD BE AT THE BACK AND WE WANTED THAT PRIVACY, RIGHT? BECAUSE THIS IS, THIS WAS BIRTH OUT OF, UM, COVID.
I WAS HOME WITH THE KIDS AND IT WAS DRIVING ME CRAZY.
WELL, I'M SORRY, I CAN'T HEAR YOU HEAR, MA'AM.
NO, IT, THIS CAME OUTTA COVID.
'CAUSE I WAS HOME WITH THE KIDS.
I'M A TEACHER TRYING TO TEACH THEIR, I'M TRYING TO, YOU KNOW, I HAD THEM HOME AND IT WAS DRIVING, DRIVING ME CRAZY.
SO I WANTED A SPACE TO BE ABLE TO BE ABLE DO MY WORK, HAVE SOME PRIVACY, AND TO BE ABLE TO ACTUALLY KEEP AN EYE ON THE KIDS WHILE, AND I COULDN'T DO IT IN THE FRONT BECAUSE THE CARS GOING BACK AND FORTH.
THERE'S ABSOLUTELY NO PRIVACY.
AND THE BACK OF THE HOUSE WAS LIKE THE ONLY PLACE THAT I WOULD HAVE THAT PRIVACY, THAT QUIETNESS AND BASICALLY BEING THERE AND THE KIDS BEING ONE KID IN THE KITCHEN, ONE IN THE, UM, DINING ROOM, I WAS ABLE TO ACTUALLY KEEP AN EYE ON THEM.
BUT THE, THE WHOLE THING WAS THE BACKYARD.
WE HAVEN'T TOUCHED THAT BACKYARD SINCE.
AND IN ADDITION, WE LIKE, WHAT DO WE DO WITH IT? SO IT WAS DANGEROUS.
THE KIDS COULDN'T GO OUT THERE.
BUT JUST TO HAVE THIS PRIVACY AND TO BE IN THE BACK, THAT'S LIKE THE ONLY PLACE.
'CAUSE WE HAVE A BEAUTIFUL PROPERTY, BUT IT'S WIDE OPEN.
SO THAT'S LIKE OUR ONLY NOOK WHERE WE ACTUALLY HAVE SOME SORT OF PRIVACY.
AND IT GAVE ME SOME SORT OF SANITY.
AND, AND, UM, I'M SORRY THAT YOU WEREN'T ABLE TO BRING AMELIO IN EARLIER DURING THE PLANNING STAGES, BECAUSE I'M SURE HE WOULD'VE, UM,
'CAUSE WE'VE SEEN HIS WORK IN THE PAST.
UM, SO NOW YOU ARE ASKING HIM TO HELP YOU TO, UH, GET A, A VARIANCE FOR SOMETHING THAT YOU STARTED, UM, WHICH IS NOW GOING TO BE A VERY DIFFICULT DECISION FOR THE BOARD TO MAKE, TO BE QUITE HONEST.
AND THEN THE BACKYARD COULD HAVE BEEN, UH, YOU KNOW, UH, WITH THE PATIO AND AN UMBRELLA, AN UMBRELLA ALSO TO BE ABLE TO PLAY FOR THE PERGO, APPARENTLY, IS TO BE ABLE TO, YOU KNOW, HAVE DINNER, FAMILY MEALS, UM, YOU KNOW, UNDER A, A STRUCTURE TO KEEP YOU DRY IF IT'S RAINY AND MAKE BETTER USE OF YOUR OUTDOOR SPACE.
THAT'S, THAT'S THE WHOLE PURPOSE OF, IT'S JUST
RIGHT? BUT YOU'RE TALKING ABOUT THE SIDE YARD AND, UM, 'CAUSE WHAT WE THOUGHT IS LIKE THE PERLA HAS TO BE IN THE REAR OF THE HOUSE.
SO THE, WE HAVE A BEAU, WE HAVE A NICE SIDE YARD, BUT THERE'S ABSOLUTELY NO PRIVACY.
AND THE IDEA OF PUTTING A PERLA THERE, WE THOUGHT THAT WOULD BE LIKE AN EYESORE, YOU KNOW,
HAVE YOU EVER THOUGHT ABOUT PLANTING SOME IVI AROUND THOSE FENCE AND GET SOME SCREENING? UM, NOT REALLY.
YOU KNOW, WE THINK ABOUT A
I I, I, I HEAR WHAT YOU'RE SAYING, BUT AS LOU SAID, AND, UM, MR. EMILIO WOULD AGREE, YOU KNOW, THE SIDE JUST LOOK GORGEOUS.
LOOKS LIKE YOU, YOU'D PROBABLY EVEN HAVE A GOAL SET UP THERE THAT THE KIDS PLAY SOCCER
AND, AND, AND, AND I SEE YOU HAVE, IS THAT WHAT'S OVER THE GARAGE? IS THAT SORT OF LIKE A REAL, LIKE A PATIO? USE IT FOR THAT AS WELL? IT'S A, IT'S, IT'S LIKE A LITTLE DECK DECK AREA THAT WAS, BUT IT'S A SUN DECK AND IT'S, LIKE I SAID, IT'S LIKE EVERYBODY, 'CAUSE COMING DOWN THE HILL, THEY SEE US.
SO WE WANTED AN AREA THAT NOBODY CAN LOOK AT US AND WE LISTEN TO THE MICROPHONE PLEASE OR SOMETHING, YOU KNOW, AND JUST BE BACK THERE AND NOBODY CAN BOTHER US AND NOBODY CAN LOOK AT US OR, YOU KNOW.
AND I FELT THAT, UH, YOU KNOW, AND THEN WE HAD THOUGHT, YOU KNOW, PERGOLA BACKYARD.
WELL LISTEN, UH, WE HAVE THE ARCHITECT HERE, AND HE GAVE HIS SUGGESTION, AND AS HE SAID, UM, WE'VE SEEN YOUR ARCHITECT'S WORK BEFORE, SO I'M SURE HE'LL COLLABORATE WITH YOU AND, UM, YOU KNOW, SEE WHAT, WHAT CAN HAPPEN.
[01:55:02]
BUT IT DOES SEEM LIKE IT'S TIGHT BACK THERE AND, UM, BUT YOU KNOW, WE'LL TAKE A LOOK AT IT FOR THE BOARD AND HEAR WHAT EVERYONE HAS TO SAY.I HAVE A COUPLE OF QUESTIONS BEFORE WE, UH, FINISH THIS MATTER.
UM, LOOKING AT THE PLAN THAT WE HAVE HERE, WHICH I ASSUME WAS DRAWN FOR PURPOSES OF THIS APPLICATION, IT SHOWS PROPOSED OPEN TRA TRELLIS STRUCTURE, AND THEN IT INDICATES UNDER THAT NO PLYWOOD OR OTHER TYPE OF ROOF ATTACHED TO RAFTERS.
OBVIOUSLY, AS WE SEE THE PICTURES, THERE'S NO ROOF ATTACHED NOW, BUT IS THE INTENTION TO HAVE A ROOF OVER THE PERLA? WELL, THE, THE DISCUSSION THAT IF WE'RE TO KEEP THE, UH, THE, THE SUPPORT LOGIC THE WAY IT IS, IT CAN STAY OPEN BECAUSE THERE'S NO UPLIFT FORCE.
IF WE DECIDE TO PUT PLYWOOD ON A, AN EVENTUAL, UH, UH, UH, IMPERMEABLE LAYER, LIKE AN ASPHALT SHINGLE OR WHATEVER, UM, WE WOULD HAVE TO REINFORCE THE FOOTINGS BECAUSE THEN THE ROOF ACTS LIKE A WING.
AND THE THOUSANDS OF POUNDS THAT WOULD BE LIFTING THE STRUCTURE WOULD, WOULD BE, UH, TRANSFERRED TO THE POST.
AND THE POST WOULD LIFT UNDER THE PRESENT CONDITION.
WE WOULD HAVE TO REINFORCE THE FOOTINGS.
WE DECIDED THAT FOR THE, FOR THE TIME BEING, WE WOULD LEAVE THE STRUCTURE AS IS.
AND AS A RESULT, IT WOULD HAVE TO STAY OPEN BECAUSE THEN THERE'S NO UPLIFT FORCE.
AND WE WERE THINKING OF PUTTING, UH, A TRELLIS WITH, WITH SOME GROWTH, SOME GR GREENERY.
UM, SO, SO THE, THE POSITION, UH, THE POSITIONING OF THE STRUCTURE IS WHAT WE'RE AFTER.
AND, AND IF, IF THEY, IF THEY TELL ME, OH, I WANT A ROOF, THEN I WILL TELL THEM NOT WITH THESE POSTS AND NOT WITH THESE FOOTINGS, THEN WE WOULD HAVE TO SPEND MORE MONEY.
AND THEY WERE ANOTHER SET OF DRAWINGS WITH THE SAME DIMENSIONS, THE SAME HEIGHT, BECAUSE WE GOT A VARIANCE FOR WHATEVER EXISTS.
SO IF THEY EVER WANT TO PUT A ROOF THERE, THEY HAVE TO THEN LISTEN TO ME IN TERMS OF STRUCTURAL UPGRADING AND A BIGGER FOOTING FOR THE POST.
BUT, BUT RIGHT NOW WHAT'S, WHAT'S, WHAT'S WHAT'S REQUIRED OF ALL OF US IS TO GIVE THEM THE PERMISSION TO ALLOW THE STRUCTURE TO BE THAT CLOSE TO THE PROPERTY LINE.
AND, UH, AND, AND, AND AGAIN, THE, THE TRUE, THE TRUE SOLUTION HERE IS TO, I MEAN, I'M GONNA SOUND ARROGANT BY SAYING, IS TO ALLOW IT, BECAUSE THAT'S THE ONLY LOGICAL PLACE, UH, THAT EVERYBODY WANTS.
EVERYBODY WANTS TO SIT RIGHT NEXT TO THE DOOR, NEXT TO THE KITCHEN.
UH, IF I GO TO THE LEFT, UH, UH, YES, WE COULD DO THAT.
UM, AND, AND, AND IF I WAS STARTING FROM SCRATCH, THAT WOULD BE ONE OF THE ALTERNATIVES THAT I WOULD EXPLORE.
UM, BUT IF YOU SAW THE GARDEN, AND IF YOU SAW THE, THE KIND OF, UH, THE, THE WAY THAT THE HOUSES ALIGNED AND THE WAY THAT THE ANGLE, UH, PROPERTY LINE COMES AND HITS YOU, THE ONLY PLACE WHERE YOU WANNA SIT AND WAIT AND LOOK AND BE WITH THE FAMILY IS WHERE THE IZED PLACE THINGS DON'T HAPPEN.
YOU KNOW, THEY, THEY'RE NOT ARCHITECTS.
THEY ACTUALLY PICK THE BEST PLACE BECAUSE IT JUST FELT LIKE THE MOST PRIVATE AND THE RIGHT PLACE COMING FROM THE HOUSE.
UH, UH, MANY DECISIONS THAT WE MAKE AS, AS NON ARCHITECTS, WE JUST FEEL THIS IS THE RIGHT PLACE AND THEY MADE THE RIGHT PLACE, BUT IT JUST, IT'S THE WRONG PLACE IN TERMS OF THE SETBACKS.
SO WE'RE TRYING TO, WE'RE TRYING TO FIX THE REALITY WITH THE, WITH THE, UH, WITH THE WISH.
BUT, UM, I LEAVE THAT UP TO THE WISE MEMBERS OF THE BOARD.
I AM NOT THE BOARD MEMBER, NOR WILL I EVER BE.
I STILL HAVE ONE OTHER QUESTION.
WHEN YOU TALKED ABOUT WHEN YOU, UH, MS. NECK, WHEN SHE WAS ASKING YOU ABOUT, UH, THE, THE STONE OR THE PATIO, I'M A LITTLE CONFUSED BECAUSE YOU KEEP SAYING THE STONE IS UNEVEN.
IS, WAS THIS STONE STONE THAT WAS PLACED THERE BY MAN OR IS THIS STONE THAT IS, UM, FIXED IN THE GROUND AND THAT'S, IT'S JUST WAS NATURAL STONE THAT IS THERE FOR THAT? IT'S A MIX.
I DON'T HAVE ANY OTHER QUESTIONS.
I, DOES ANYONE ELSE HAVE ANY QUESTIONS? THERE IS A REQUEST FROM THE PUBLIC.
I'M SORRY IF I PRONOUNCED THAT WRONG.
SO, AND MY NEIGHBORS, RAFAEL AND APRIL, UM, THEY'VE BEEN NICE NEIGHBORS FOR THE LAST COUPLE OF YEARS UNTIL THIS INCIDENT CAME UP.
I'M THE, UH, PROPERTY ADJACENT THAT MANY PICTURES WERE SHOWN THIS EVENING OF MY PROPERTY.
UM, I'M PROUD TO SHARE IT AND SH AND SHARE IT WITH EVERYONE BECAUSE, UM, AN AVID GARDENER.
I RETIRED A FEW YEARS AGO FROM THE CAR SERVICE, UH, BUSINESS, AND I GOT A HUNDRED TOMATOES IN THE GROUND AS WE SPEAK.
[02:00:01]
BUT WHAT I WANTED TO SAY WAS, UM, I'VE BEEN KIND OF SOMEWHAT ACCUSED OF BEING UNNEIGHBORLY BECAUSE, UM, OF MY CONCERN ABOUT THIS STRUCTURE AND PROBABLY THE ONLY ONE IN THE NEIGHBORHOOD.SO, UH, MY, MY, UM, MONEY IS ON THE WISE, UH, TREATMENT OF THE BOARD AS WELL.
UM, A LOT OF THINGS WERE MENTIONED IN THE, UM, IN THE, UH, QUESTIONS THAT WERE ASKED OF THE ARCHITECT, UH, REGARDING, UM, THE SIZE OF THE PROPERTY AND SOME OTHER THINGS THAT I'M VERY FAMILIAR WITH BECAUSE I, AND WHEN I WAS, UH, 10 YEARS OLD, I, I LIVED RIGHT NEXT DOOR AT 16 WALNUT, AND NOW I LIVE LITERALLY ON THE ADJACENT PROPERTY ON THE SOUTH SIDE OF THE, UH, OF THE, UM, COLOGNE PROPERTY.
UM, MY DAUGHTER GETS UP EVERY MORNING AND LOOKS OUT AT THE, UH, SHED THAT WAS BUILT LAST YEAR, UM, BY THE, UM, CONTRACTORS.
UM, MY FIRST HEARING OF ANYTHING ABOUT THIS, UM, UH, GAZEBO OR, OR, UH, PERGOLA AS RALPH TENDS TO CALL IT, IS, UM, WATCHING IT GO UP IN THREE DAYS.
AND BY THE FOURTH DAY, I HAD FINALLY CONTACTED SOMEONE TO FIND OUT WHAT WAS GOING ON, BECAUSE IT WAS LIKE, WHAT'S, WHAT IS GOING ON? AND, UM, LIKE I SAY THIS, THIS STRUCTURE, UH, A 10 BY 10 DOES NOT DESCRIBE IT.
THE ROOF SIZE AREA OF THE, OF THIS ROOF IS PROBABLY MORE LIKE 250 TO 350 SQUARE FEET.
IT'S, UH, INTIMIDATING TO LOOK AT, UH, ON THE SOUTHWEST CORNER.
AND MY UNDERSTANDING, ACCORDING TO THE, UH, ZONE, UM, YOU KNOW, TO THE, UH, UH, HEARING OR THE NOTICE WAS THAT, UH, THE HOUSE ITSELF IS EXISTING NON-CONFORMING.
WELL, MANY OF THESE HOMES IN THIS AREA ARE NON-CONFORMING BECAUSE THEY WERE BUILT IN 1914 AND PROBABLY WEREN'T EVEN CODES BACK THEN.
UM, BUT, UH, YOU KNOW, BUILDING SOMETHING NEW WAS A, A SURPRISE.
AND, AND, UH, UNFORTUNATELY I MADE, UH, MENTION OF IT TO A FRIEND OF MINE THAT WORKS WITH THE TOWN, AND IT GOT TO THE EARS OF THE, OF THE, UH, BUILDING DEPARTMENT.
AND AN INSPECTION WAS MADE AND, AND A WORK STOP ORDER WAS MADE.
BUT THIS STRUCTURE IS WAY, WAY, WAY TOO CLOSE FOR COMFORT, WHICH IS, I GUESS WHAT WE'RE ARGUING TONIGHT.
ALTHOUGH, WHAT I REALLY WOULD LIKE TO SEE ARGUED IS, UH, SOMEONE INVESTIGATE THE TRUTH OF THE SIZE OF THIS, UH, GAZ GAZEBO PER PERGOLA, WHATEVER YOU WANT TO CALL IT.
I CALL IT A PAVILION AT THE TOWN PARK ON SEACOR ROAD OR SOMEPLACE.
YOU KNOW, WHERE YOU'RE GONNA HAVE YOU.
YEAH, PROBABLY WHEN THIS THING IS FINISHED.
'CAUSE I'VE GOT A, A PATIO IN MY BACKYARD, UH, THAT'S ALL STONE AND ON GROUND LEVEL, UM, THAT IS, UH, YOU KNOW, THAT CAN HOLD 20 OR 30 PEOPLE.
BUT, UH, I'M VERY FAMILIAR WITH THE PROPERTY.
MY DAUGHTER ALMOST BOUGHT THAT PROPERTY WHEN IT FIRST CAME UP FOR SALE.
UM, BUT LIKE I SAY, IT'S JUST WAY TOO CLOSE.
UM, THE COLOGNE'S BACKYARD IS BASICALLY MY FRONT YARD BECAUSE MY DRIVEWAY IS VERY SMALL.
THE, WELL IT COMES IN A COUPLE OF HUNDRED FEET.
UM, AND, UM, I CAN PARK THREE OR FOUR OR FOUR OR FIVE CARS IN MY DRIVEWAY.
I'VE MADE IMPROVEMENTS OVER THE 40 SOME ODD YEARS I'VE BEEN HERE, ACTUALLY, I'VE BEEN HERE FOR 60 YEARS.
IN 1959, MY FATHER, WHO WAS A CAB DRIVER OF WHITE PLAINS, UH, UH, BOUGHT THE HOUSE RIGHT NEXT DOOR FOR $16,000 WITH THREE, UH, UH, MORTGAGES.
AND I WOUND UP BUYING THE HOUSE, UH, WHEN I, WHEN I TURNED 30, UH, RIGHT NEXT DOOR TO WHERE I GREW UP.
AND, UM, IT'S, UH, YOU KNOW, SO I'M VERY FAMILIAR WITH ALL THE NEIGHBORS.
I DO HAVE A SHED ON THE PROPERTY LINE.
THE FENCE HAS BEEN EXISTING SINCE I'VE BEEN IN THIS HOUSE FOR OVER FOUR, FOR 43 YEARS.
IT'S A SIX BY SIX OR SIX AND A HALF, SIX AND SIX, A SIX FOOT EIGHT INCH BY SIX FOOT, EIGHT INCH PLASTIC SHED.
IT'S NOT A PERMANENT STRUCTURE, BUT THIS IS A PERMANENT STRUCTURE MENTIONED, WAS MADE EARLIER BY THE ARCHITECT OR, UH, WHOEVER ABOUT, YOU KNOW, COOKING OUT THERE AND WHAT HAVE YOU.
TO ME, I'M THINKING, WELL, FIRST OF ALL, IF YOU WERE TO PUT A ROOF ON IT AND YOU'RE COOKING, WHEN, WHEN THE, WHEN THIS STRUCTURE WAS GOING UP, UM, I, YOU KNOW, IT TOOK A FEW DAYS FOR THE BUILDING DEPARTMENT TO PUT THE WORK STOP ON IT.
BUT AT ONE POINT, WHEN THE RAFTERS WERE GOING UP AND, UH, THEY, THEY WERE EASILY, UH, YOU KNOW, 12 FEET LONG OR A PLUS, THEY WERE ACTUALLY LITERALLY HANGING OVER THE PROP.
AND I KNOW THEY CUT RAFTERS DOWN, YOU KNOW, BUT IT'S, IT'S THAT CLOSE TO THE, TO THE PROPERTY LINE.
I DON'T KNOW EXACTLY KNOW WHERE THE PROPERTY LINE IS TO TELL YOU THE TRUTH, BECAUSE THE, OF THE, THERE ARE TWO FENCES, ONE THAT WAS, UH, PUT UP BEFORE I EVEN MOVED INTO THE HOUSE 43 YEARS AGO ON ANCHOR FENCE, WHICH SURROUNDS MOST OF THE PROPERTY.
AND THEN THERE'S A, UM, IT SEPARATES AND THERE'S A WOODEN FENCE THAT GOES THE REST OF THE WAY.
UM, SO MY CONCERN IS THAT IT'S JUST, IT'S JUST TWO WHEN ANYBODY THAT COMES TO VISIT ME SEES THIS THING, THEY'RE LIKE, WHAT'S GOING ON HERE? AND I HAVE NO, NO OBJECTION.
THERE WAS ALWAYS A PATIO ON THE BACK OF THAT PROPERTY THAT HAS, UH, I THINK PAVERS ACTUALLY PAVER PAVING
[02:05:01]
STONES.IT, IT'S NOTHING BUT ROCK ON THAT NORTH ON THAT, UH, UH, SOUTH AND, UH, WESTERLY SIDE OF THE BOTH PROPERTIES.
IT WOULD BE MY NORTH SIDE OF MY PROPERTY.
IT'S ALL ROCK, AND IT'S THE HARDEST ROCK THAT YOU CAN POSSIBLY IMAGINE.
YOU CAN'T DRILL INTO IT, YOU CAN'T DO ANYTHING TO IT.
BUT SOMEBODY, YOU KNOW, UH, PUT PAVERS DOWN YEARS BACK AND, AND IT WAS ALWAYS, IT WAS A NICE PATIO, BUT THE HOUSE WENT INTO DISREPAIR.
SOMEONE BOUGHT IT, THEY REFURBISHED IT, AND THEY FLIPPED IT.
AND, UH, WE, I GOT LOVELY NEIGHBORS.
UH, RALPH AND I WE'RE NOT BEST FRIENDS, BUT YOU KNOW, HE'S A, HE'S MY NEXT DOOR NEIGHBOR.
AND WE'VE, WE, YOU KNOW, I'VE DONE THINGS.
HE'S CALLED ME FROM TIME TO TIME TO CHECK ON SOMETHING BECAUSE THEY WEREN'T HOME YET.
AND NOW I THINK I'M PUBLIC ENEMY NUMBER ONE BECAUSE I'M, I'M, I DISAGREE WITH HIS VIEW ON THIS.
PERGOLA, RALPH HAS THE BIGGEST PROPERTY IN THIS NEIGHBORHOOD OF ALL THESE HOMES.
THEY USED TO HAVE NAMES TO HIM.
HE'S GOT THE BIGGEST PROPERTY.
AND HE IS GOT THAT HUGE DECK ON THE FRONT OF HIS, UH, GARAGE, WHICH I THINK WAS ACTUALLY ILLEGALLY BUILT AS FAR AS THE CODES WERE CONCERNED.
BUT THAT'S EXISTING NON-CONFORMING.
HE BOUGHT THE HOUSE AND IT'S A HUGE AREA.
IT'S LIKE A, YOU KNOW, ALMOST A TWO AND A HALF SIZE, UH, TWO AND A HALF CAR GARAGE, A PERFECT SQUARE.
AND HE IS GOT FOUR OR FIVE UMBRELLAS UP THERE.
AND THEY, THEY PICNIC OUT THERE, WE CAN SEE ONE ANOTHER FROM NEIGHBORS.
HE'S, ALL THOSE SHOTS THAT YOU SAW IN THE PICTURES WERE, YOU KNOW, OVER THE FENCE SHOTS OR IN MY YARD SHOTS.
AND I HAVE NO OBJECTION TO THAT.
YOU KNOW, I TOOK PICTURES OF THE GAZEBO TOO, FROM MY ROOF.
I CAN SHOW YOU WHAT THAT LOOKS LIKE IF, IF YOU WANTED TO SHARE THE SCREEN.
BUT SOMEONE SHOULD COME BY AND INVESTIGATE THE SIZE OF THIS THING.
THIS IS, AS FAR AS I'M CONCERNED.
AND I'VE TALKED TO, UH, YOU KNOW, FRIENDS THAT ARE, UH, EITHER IN REAL ESTATE OR OR CONTRACTORS THAT DO THAT HANDLE THE, UH, THE PARK, THE, UH, SHOPPING CENTER DOWN BY APPLE FARM THAT, UH, YOU KNOW, HIS GOOD FRIEND OF MINE THAT MANAGES THAT PRODUCT THAT THE CONSTRUCTION DOWN THERE, HE SAID, THIS IS REALLY, YOU KNOW, RIDICULOUS THAT, THAT IT WAS STARTED.
NOW, THE REASON I'M PUBLIC ENEMY NUMBER ONE, BECAUSE THEY STARTED THIS PROJECT WITHOUT EVEN CONSIDERATION OF WHAT A NEIGHBOR RIGHT NEXT DOOR WOULD FEEL.
AND THAT'S WHAT, THAT'S WHAT BUILDING CODES ARE FOR, AS FAR AS I'M CONCERNED, IS, YOU KNOW, TO DO SOMETHING REALLY THAT, YOU KNOW, KIND OF LIKE, UH, YOU KNOW, UH, JUST IN YOUR FACE.
I MEAN, YOU KNOW, YOU, YOU, YOU, YOU WOULD THINK IF YOU'RE GONNA BUILD A STRUCTURE THAT SIZE, YOU WOULD, YOU KNOW, CONSULT A NEIGHBOR BEFORE DOING IT.
HOW DO YOU FEEL ABOUT THIS? AND I HAVE NO PROBLEM WITH A GAZEBO OR A PERGOLA, BUT THIS IS A PAVILION.
AND THEN YOU'RE GONNA BE COOKING OUT THERE.
HEY, NOW THEY CAN USE IT THE WAY, YOU KNOW, IF IT WASN'T FOR HAVING THIS STRUCTURE, THEY COULD SIT OUT THERE WITH THEIR UMBRELLAS AND ENJOY, YOU KNOW, PUT, UH, SO MANY THOUSANDS OF DOLLARS INTO MAY.
MAY I INTERRUPT YOU FOR A MINUTE, IF YOU DON'T MIND, TO DISPLAY THOSE PICTURES YOU MENTIONED.
AND IT'S, I MEAN, I HAVE A FEW, BUT I'LL JUST DISPLAY THIS ONE.
CAN I, CAN YOU, CAN I, UH, SHARE MY SCREEN? YES.
YEAH, I WOULD LIKE TO GO THERE,
THIS SHED IS ABOUT, UH, LIKE I SAY, SIX AND A HALF BY SIX AND A HALF FEET.
THERE'S MY CAR THAT YOU SAW ON THE PICTURES BEFORE.
THERE'S A FENCE THAT SEPARATES US.
AND THERE'S THE START OF A FENCE THAT ON MY SIDE, BECAUSE IT'S, UH, IF, YOU KNOW, JUST TO GIVE A LITTLE MORE PRIVACY, I DECIDED TO PUT UP A FENCE ON TOP OF A FENCE, BECAUSE FROM THIS POINT DOWN, 'CAUSE THE PROPERTY SLOPES DOWN TO THE, TO THE RIGHT AS YOU'RE LOOKING AT THIS PICTURE, UM, THE PREVIOUS NEIGHBORS WERE VERY, YOU KNOW, THAT USED THAT, THAT SECTION OF THE HOUSE, WHICH IS ALL ROCK TO STORE GARBAGE.
AND I DIDN'T WANNA LOOK AT IT ANYMORE THROUGH THE IRON FENCE.
SO I PUT ANOTHER FENCE ON THIS SIDE, BUT THEN THE, A STOCKADE FENCE STARTS RIGHT BEHIND THE SHED.
THERE'S PROBABLY ABOUT A FOOT BETWEEN THE STOCKADE, A FOOT AND A HALF OR SO BETWEEN THE STOCKADE FENCE IN MY LITTLE SHED.
I MEAN, I DON'T KNOW, MAYBE THE ARCHITECT CAN TELL ME WHAT IT WOULD BE FROM THE PEAK DOWN TO THE ROOF HERE.
AND THEN YOU CAN TELL, CAN YOU EXPAND THAT PICTURE WITH THE, UM, THE, YEAH, YEAH, YEAH.
CAN YOU SEE THE HOUSE? I'M NOT LYING.
THIS, THIS STRUCTURE IS PROBABLY HALF THE SIZE OF MY HOUSE.
MY HOUSE MEASURES, AND YOU SAW, SAW MY HOUSE IN SOME OF THE PICTURES.
MY HOUSE MEASURES EXACTLY 25 BY 25.
IT'S ALMOST THE PERFECT SQUARE.
IT'S 625, UH, SQUARE FEET PER FLOOR.
THAT'S WHAT THEY BUILT BACK THEN AT THE TURN OF THE CENTURY.
AND, AND RALPH'S GOT A SMALL HOUSE TOO, ALTHOUGH IT'S BIGGER THAN MINE.
HE'S, HE'S PROBABLY GOT THE MOST ENVIABLE PROPERTY BECAUSE OF THE LAND AND THAT.
AND, UH, I HEARD ONE OF THE, UH, REPRESENTATIVES OR ONE OF SOMEBODY ON THE BOARD MENTION ABOUT STAIRS THAT ARE AT THIS SITE WHERE, WHERE MY ARROW IS GOING DOWN
[02:10:01]
TO A, A BEAUTIFUL, YOU KNOW, A FLAT PIECE OF LONG LAND.NOW I GOTTA WALK TO MY PATIO ON THE BACK TOO, BECAUSE MY FRONT YARD IS MY DRIVEWAY, BASICALLY.
BUT THEN NOW MY FRONT YARD IS MY DRIVEWAY.
AND THIS HUGE STRUCTURE THAT'S NOT FINISHED.
YOU GOT THE CURTAINS NOW FOR ALMOST A YEAR, I GUESS, BECAUSE THEY WANTED TO USE IT.
UH, THEY HAD A COUPLE OF TARPS ON THE TOP THAT WERE FLAPPING CONSTANTLY.
ANYTIME THERE WAS WIND, ALL YOU WOULD HEAR IS LIKE, SLAP, SLAP, SLAP, SLAP, SLAP.
AND IT WAS, YOU KNOW, I MEAN, I NEVER SAID ANYTHING.
I JUST FIGURED IT'S, IT'S BEEN ALMOST A YEAR NOW SINCE WE'VE, WE'VE BEEN HAVING TO WAIT FOR THIS REVIEW AND SINCE, UH, YOU KNOW, I KIND OF GOT CALLED OUT ON IT BECAUSE WHO ELSE IS GOING TO COMPLAIN? YOU'RE DRIVING DOWN, UH, JUNIPER HILL ROAD OR DOWN WALNUT STREET, AND YOU SEE THIS, YOU'RE SAYING, WELL, GOOD FOR RALPH.
THIS IS WHERE I PARK MY CAR RIGHT IN FRONT OF A SHED HERE.
AND MY, AND THE HOUSES ARE, TALK ABOUT THE, UH, DISTANCE FROM THE CORNER OF HIS HOUSE.
HE'S GOT LESS PROPERTY THAN ME ON THIS, ON THIS, UH, WESTERLY AND SOUTHERLY SIDE.
MY PROPERTY, UH, IS IN PIECES, BUT IT'S, I GOT MORE PROPERTY HERE THAN HE DOES.
BUT STILL, THE HOUSES CORNER TO CORNER THE CORNER OF HIS HOUSE ON THIS SIDE TO WHERE THE CLOSEST POINT OF MY HOUSE IS PROBABLY 30, UH, THREE FEET OR SOMETHING LIKE THAT.
SO HE'S GOT ONLY 12, AND HE IS ASKING FOR THREE AND A HALF, WHICH, WELL, WHICH IS WHAT IT IS.
IN OTHER WORDS, HE, HE'S ASKING THE FINISH DESK.
AND I'M LIKE, NO, THIS, UH, I DON'T, YOU KNOW, I, I DON'T WANNA SEE A STRUCTURE THIS BIG.
IT'S ALMOST THE SIZE OF A SMALL HOUSE.
AND SO I LIKE, I DON'T KNOW HOW THESE THINGS ARE HANDLED.
YOU KNOW, I'M PROBABLY NEVER GONNA BE, UH, UH, RALPH SENT ME A CARD, UH, TO, UH, WISH ME HAPPY EASTER A COUPLE OF MONTHS AGO, BUT HE SAID, I'M STILL NOT TALKING TO YOU.
SO RIGHT NOW WE'RE NOT TALKING BECAUSE HE DOESN'T WANT TO TALK.
IF HE WANTS TO BE MY NEIGHBOR AGAIN, THAT'S ALWAYS AN OPEN DOOR, AS FAR AS I'M CONCERNED.
I LOVE MY NEIGHBORS, AND IT'S NOT, NOT ABOUT NOT LOVING MY NEIGHBORS.
IT'S ABOUT LIKE, YOU KNOW, I'M NOT HAPPY WITH THIS STRUCTURE BEING LIKE RIGHT NEXT DOOR TO MY HOUSE.
IF HE WANTS ME TO TAKE MY SHED DOWN, I WOULD EVEN DO THAT.
IT'S, YOU KNOW, THERE'S A, PROBABLY EVERYBODY IN THIS TOWN HAS A LITTLE SIX BY SIX SHED, AND IT'S A PLASTIC SHED.
IT'S NOT PERMANENT, BUT THIS IS A PERMANENT STRUCTURE.
THEY'RE GONNA BE MAKING FIRES OUT HERE.
I KNOW WHEN I, WHEN I MENTIONED THAT, UH, RALPH WOULD SAY TO ME, WELL, YOU HAVE, UH, YOUR, YOUR, YOUR DAUGHTERS HAVE, UH, FRIENDS OVER, AND I CAN HEAR 'EM TALKING ON THE FRONT PORCH.
I COULD PROBABLY HEAR THEM IF THEY WERE TALKING OUT ON THEIR BACK PATIO.
IT'S, IT'S WHAT IT IS, YOU KNOW.
BUT TO BUILD A STRUCTURE LIKE THIS IS DIFFERENT THAN HANGING OUT ON YOUR FRONT PORCH OR HANGING OUT ON YOUR BACK PATIO AND HAVING CONVERSATION WITH YOUR FRIENDS.
HE CAN DO WHAT HE WANTS WITH HIS YARD AND, AND, UH, HE'S GOT LOVELY KIDS AND THEY'RE A LOVELY COUPLE.
BUT THIS IS, YOU KNOW, THE REASON WHY WE HAVE CODES LIKE THIS IS TO PROTECT, UH, PEOPLE FROM, UH, AND HERE'S THE OTHER THING, BESIDES, YOU KNOW, YOU KNOW, JUST THE STRUCTURE AND AM I NOT BEING HAPPY WITH IT? IT WILL AFFECT MY PROPERTY VALUES TO TELL, TELL YOU THE TRUTH.
IT'S LIKE ONE OF THE BEST, I THINK.
AM I BREAKING UP? NO, GO AHEAD.
SO, UM, I DON'T KNOW HOW I CAN, I CAN TAKE THE PICTURE DOWN, BUT, UH, THAT'S, THAT'S BASICALLY IT.
SO I, YOU KNOW, MAYBE YOU WERE ASKING QUESTIONS BEFORE ABOUT, UM, UM, THE SIZE OF THIS THING, BUT, YOU KNOW, THE TRUE, TRUE ANSWERS WEREN'T GIVEN, UH, THE ARCHITECT.
I, I'D TELL YOU THE TRUTH, I WOULD HIRE, I, I HEARD OF, UH, I'VE BEEN LISTENING TO THIS MEETING ALL NIGHT, AND I'VE NEVER BEEN TO A MEETING LIKE THIS BEFORE, BUT I HEARD MR. BERNSTEIN, I WOULD HIRE HIM AS AN ARCHITECT BEFORE, BEFORE I WOULD HIRE THIS GUY AS AN ARCHITECT,
AND, AND SO I'M NOT A BAD GUY, BELIEVE ME.
I GOT, I GOT, I KNOW HOWIE GOT, UH, TWO PEOPLE ASSIGNED A, UH, A LIST.
CAN YOU JUST, CAN YOU JUST, UM, JUST STICK TO WHAT YOU'RE SAYING? WITHOUT, WITHOUT, WITHOUT THE, UH, ADDRESSING I'M, I'M, THAT'S MY PERSONALITY.
BUT
UH, I LEAVE IT IN THE HANDS OF THE BOARD.
UH, IT'S NOT A LEGAL STRUCTURE.
I'D LIKE TO SEE IT TAKEN DOWN.
I'D LIKE TO SEE HIM DO, YOU KNOW, A BEAUTIFUL PERGOLA.
MOVE THE WHOLE THING DOWN TO THE BLACK GROUND, WALK AROUND LIKE I GOTTA DO TO THE PATIO.
NOT HAVE THIS BIG MONSTERS SRU STRUCTURE.
MY DAUGHTER, WHEN SHE GETS UP, SHE'S, I GOTTA MAKE SURE THE BLINDS ARE CLOSED, BECAUSE THAT'S HER BEDROOM THAT LOOKS RIGHT OVER THIS THING.
IT'S ABOUT 25 FEET AWAY, NOT EVEN, YOU KNOW? SO THAT'S, THAT'S MY CASE.
I, YOU KNOW, I DON'T KNOW IF YOU, HOW YOU'RE GONNA HANDLE THIS THING, BUT IT'S, TO ME, IT WASN'T FAIR FOR HIM NOT TO CONSULT ME TO BEGIN WITH.
AND NOW, NOW WE'RE IN THIS BIG MESS WHERE TWO NEIGHBORS AREN'T TALKING AND WE'RE NOT READY FOR, UM, WHAT'S THE NAME OF THE SHOW? INVESTIGATIVE, NOT INVESTIGATIVE DISCOVERY.
[02:15:01]
FEAR NEIGHBORS, YOU KNOW, I JUST WANT, I JUST WANNA LIVE PEACEFULLY AND, UH, MODESTLY AND, AND, AND, AND, AND DO THINGS THAT ARE FAIR.SO BUILDING DEPARTMENT IS SORT OF IN, ON, ON MY SIDE AS FAR AS I SEE IT, BUT I DON'T, I WON'T KNOW UNTIL YOU DECIDE WHAT YOU'RE GONNA DECIDE.
ANY OTHER, ANY OTHER COMMENTS FROM EITHER MEMBERS OF THE AUDIENCE, THE BOARD THIS TIME? UM, UH, ONLY THAT, UM, SURPRISINGLY, THERE ARE NO DIMENSIONS ON THE FLOOR PLAN THAT EMILIO SUBMITTED.
BUT BY SCALING IT OFF, UM, IT'S ABOUT 18 BY 18 WITH THE
SO IT'S ABOUT 324 SQUARE FEET.
ANY OTHER COMMENTS? ANY OTHER COMMENTS? YES, I WOULD LIKE TO ADD SOMETHING TO THE RECORD.
THE BUILDING DEPARTMENT IS NOT ON ANYONE'S SIDE.
WE'RE HERE TO HELP PEOPLE THROUGH A PROCESS TO LEGALIZE SOMETHING.
THEN WE'RE HERE TO ENFORCE THE CODE.
BUT WE DO NOT TAKE SIDES IN, IN ANY PROPERTY DISPUTES OR DISAGREEMENTS.
ANYONE ELSE? THE PROPERTY OWNER? I THINK ONE OF YOU HAVE TO COME TO THE MICROPHONE A LITTLE CLOSER, PLEASE.
I THINK, UM, ONE OF THE GOOD THINGS THAT CAME OUT OF THIS IS THAT WE FINALLY HAVE SOME SORT OF, LIKE, UM, PRIVACY IN OUR YARD.
AND IT FORCES DOUG TO RESPECT DOUG TO RESPECT OUR PROPERTY, BECAUSE HE WILL COME ON OUR PROPERTY AND BASICALLY ACT AS IF IT WAS HIS, HE WOULD ACT, HE WOULD BASICALLY TALK TO OUR VISITORS.
AND HE CAME OFF AS WE THOUGHT WAS A GOOD PERSON, BUT IT WAS REALLY AS A WAY OF CONTROLLING US.
LEMME LEMME, LEMME SAY SOMETHING ABOUT THE SPATIAL, UM, UH, TRUTHS ABOUT THIS, UH, LISTENING TO THE NEIGHBOR'S EXPLANATION OF WHAT HE DISLIKES THE MOST, OTHER THAN ME, THE ARCHITECT, UM, WE, IT WAS IN COMMON.
HE MENTIONED A LOT OF TIMES THAT HE'S AFRAID OF COOKING.
I DON'T KNOW WHY, BUT HE MENTIONED IT FOUR TIMES.
BUT NUMBER TWO, IT IS CONSTANTLY A VISUAL IMPACT HE KEEPS REFERRING TO AS A VISUAL IMPACT.
HE TALKS ABOUT THE SIZE AND THE NEARNESS TO THE PROPERTY.
AND I UNDERSTAND THAT WE, WE CAME INTO THIS WHOLE MEETING UNDERSTANDING THAT THAT WAS THE MAIN ISSUE.
AND, AND IF, IF WE WERE TO BE A LITTLE EQUITABLE WITH EACH OTHER AND BE NEIGHBORLY AS WE CLAIM TO WANNA BE, NUMBER ONE, WE WOULD RECOGNIZE THAT 11 PEOPLE HAVE SIGNED IN FAVOR OF THIS PARTICULAR EXERCISE TO GIVE THIS FAMILY THE RIGHT TO CONGREGATE COMFORTABLY, WHERE THEY BELIEVE IS THEIR BEST PLACE TO CONGREGATE 11 PEOPLE IN THAT NEIGHBORHOOD IN ONE HOUR OF KNOCKING ON THE DOORS.
THE BOARD, I WANT THE BOARD TO UNDERSTAND THAT THAT IS 11.
AND THERE'S ONE PERSON 13, 13,000,013.
I, I I I, I'M GETTING OLD AND I'M A BAD ARCHITECT.
BUT, YOU KNOW, I, I, I HAVE TO SAY THAT THAT COUNTS.
IF I WAS A BOARD MEMBER, I WOULD CERTAINLY COUNT ON THAT.
AND I ALSO WOULD WELCOME, UH, UH, THE RESOLUTION OF VISUALLY ELIMINATING THE IMPACT BY HAVING THESE BEAUTIFUL AVID THAT ARE USED ALL OVER THAT, UH, UH, UH, UH, UH, NEIGHBORHOOD.
I, I, I WALKED AROUND AND I SAW THESE BEAUTIFUL, HEALTHY HERBAL VARIETY BEING USED AS, AS BLOCKAGES, AS VISUAL GREEN WALLS THAT ARE VERY EFFECTIVE.
AND WE WOULD BE ALSO WILLING TO DO THAT, AND EVEN ASK HIM TO PICK THE, THE COLOR AND THE SIZE AND THE TYPE OF TREE HE COULD PICK WHATEVER HE WANTS.
WE DON'T HAVE A PROBLEM WITH THE SHED THERE, BUT IT ALWAYS TELLS ME THAT THAT SIDE IS THE UTILITARIAN SIDE OF HIS HOUSE.
SO ALL OF A SUDDEN HE'S OFFENDED BY A SIMPLE STRUCTURE.
AND YET, AND YET, AND YET HE HAS GARBAGE UP AGAINST THE WALL.
FAMILI, LET'S, LET'S FOCUS ON WHAT WE CAN ADDRESS, PLEASE.
NO, I, I JUST WANTED THE BOARD TO REMEMBER THERE ARE 13 PEOPLE THAT SIGNED IN FAVOR OF THIS APPLICATION, AND THAT WE ARE WILLING TO DO OUR BEST TO AMELIORATE THE VISUAL IMPACT BY
I THINK, I THINK YOU'LL BE THAT CLEAR.
MR. R HARRISON
DID THEY VISIT THE SITE? 'CAUSE IT SEEMS THAT, YOU KNOW, THE NEIGHBORS, THE NEIGHBOR LIVES RIGHT THERE.
I MEAN, DID THEY VISIT THE SITE AND YES, THEY VISITED THE SITE.
THEY SAW, THEY SAID TO THEM, IT'S LUDICROUS THAT SOMEBODY'S SAYING TO THEM IS BEAUTIFUL, THAT IT'S UGLY.
THIS IS GONNA RAISE THE PROPERTY VALUE OF MY HOUSE,
[02:20:01]
OF ALL THE HOUSES AROUND.UH, I REALLY DON'T UNDERSTAND THIS.
THIS IS OBVIOUSLY A BIAS, BUT, UM, WE, LIKE I SAID, PEOPLE CAME AND, AND, OKAY.
ANYONE ELSE? ANYONE ELSE? MR. KAUFMAN, CAN I MAKE A FINAL TIME? I'M HERE.
UH, I THINK HE'S THE APPLICANT FOR THE NEXT ONE.
AND IT LOOKS LIKE MR. TI, UH, SEEKS TO SPEAK ONE MORE TIME.
YES, MR. TI? VERY BRIEFLY, PLEASE.
SO THEY KEEP CALLING IT A PERGOLA AND A, A GAZEBO, BUT I WILL REALLY APPRECIATE IT IF SOMEONE COULD GET THE DIRECTION, THE, UH, MEASUREMENTS OF THIS THING, YOU KNOW, 300, IT WENT FROM 10 BY 10.
THAT'S A HUNDRED SQUARE FEET TO 324.
IT WAS AN OCTAGON, AND I SAID IT'S BETWEEN EIGHT AND 10 FEET EACH SIDE.
WE WILL REQUEST IT AND GET IT.
THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 2115.
YES, MR. KAUFMAN, YOU'VE BEEN WAITING VERY PATIENTLY.
UH, MR. KAUFMAN, UH, HE'S MY CLIENT.
UH, MR. KAUFMAN, YOU ALSO, YOU HEARD THAT I'M A BAD ARCHITECT, SO BE READY,
ANY MISTAKE, LET ME BRING THE BOARD UP TO SPEED.
WITH RESPECT TO THIS APPLICATION, UM, THIS APPLICATION IS FOR THE FINAL APPROVAL, UH, OF A SUBDIVIDING PIECE OF PROPERTY THAT SPANS TWO ROADS.
AND THE EXISTING PROPERTY IS AN OVERSIZED EXISTING HOUSE THAT FACES ON THE ROAD TO THE RIGHT.
THE PROPOSED LOT IS A NEW PARCEL THAT GETS DIVIDED AND FACES THE ROAD TO THE LEFT, WHICH IS CALLED SPRINGWOOD AVENUE.
IN DOING SO AND HAVING THE STAFF REVIEW, UH, THIS APPLICATION, IT WAS FOUND BY THE BUILDING DEPARTMENT THAT ONE OF THE REQUIREMENTS FOR FRONTAGE IS TO HAVE A FRONTAGE OF THE LOT TO BE WITH A 25, UH, FOOT FRONTAGE ON A, UH, APPROVED, UH, TOWN ROAD SPECIFICATIONS.
NOW, OBVIOUSLY WE HAVE MORE THAN 25, BUT WHAT WE ARE FRONTING IS, IS AN UNIMPROVED, APPARENTLY I DID KNOW THIS, BUT IT, IT IS QUALIFIED, IT IS CLASSIFIED AS AN UNIMPROVED ROAD, SO SPRINGWOOD AVENUE.
SO WE'RE SEEKING A VARIANCE FROM THAT REQUIREMENT OF HAVING TO HAVE A 25 FOOT, UH, UH, UH, IMPROVED ROAD TO THE TOWN STANDARDS.
NOW, THE, THIS HAS, IT'S, IT'S INTIMATED TO ME THAT NORMALLY THIS HAPPENS AND THAT IT IS, IT IS ACCEPTABLE, UH, QUOTE UNQUOTE CONDITIONS.
IN ADDITION TO THAT, WE HAVE PROPOSED TO, UH, AMP, UH, ENLARGE THE PAVEMENT, UH, GEOMETRY AT THE POINT OF ENTRY FOR THE PROPOSED HOUSE SO THAT WE'RE NOT MAKING IT 100% IMPROVE, BUT WE'RE CERTAINLY MAKING IT WIDER AND MORE AMENABLE TO A GEOMETRY OF ENTRANCE TO INTO THE PROPERTY.
SO IT, I I, I HUMBLY CONSIDER THIS, UM, A MINOR INCONVENIENCE TO THE BOARD.
YOU CAN SEE THE SHADED AREA AT THE POINT OF ENTRY, UH, FURTHER DOWN.
BRING IT DOWN, BRING IT DOWN A LITTLE BIT.
THE SHADED AREA THERE AT THE POINT OF ENTRY IS THE ENLARGEMENT THAT WE ARE PROPOSING TO THE TOWN ROAD.
THAT IS THE NATURE OF OUR REQUEST.
EVERYTHING ELSE, UH, WITH RESPECT TO THE SUBDIVISION COMPLIES IS AS OF RIGHT, IT WAS JUST THAT PARTICULAR REQUIREMENT BY THAT THE BUILDING DEPARTMENT NEEDED TO BE TO LEGALIZE BEFORE THEY CAN CONTINUE TO TREAT THIS AS A, AS A SUB DIVIDABLE PIECE.
I, I'M, UH, WAS HAVING A HARD TIME UNDERSTANDING WHERE THE, OKAY.
SO SUBDIVIDE YOU, YOU'RE TAKING TWO LOTS.
ONE OF THEM NOW HAS, IT'S ONE LOT.
IT'S ONE LA IT'S ONE LARGE LOT.
NOW WE'RE CUTTING IT, IT, THE HOUSE TO THE RIGHT OWNS, AND IT EXISTS AS ONE PARTIAL, RIGHT? SO WE, AND THAT HAS FRONTAGE AND IT'S
[02:25:01]
PERFECTLY LEGAL.AND SO ON THE MINUTE THAT I, I I, I INTRODUCED THE NEW PROPERTY LINE, THE LOCK TO THE RIGHT ALSO MEETS ALL THE CODES AND ALL THE REQUIREMENTS.
THE LOCK TO THE LEFT MEETS ALL THE CODES, COVERAGES, SETBACK, REQUIREMENTS, COVERAGES.
BUT IT FAILS IN ONE OF THE ZONING CRITERIA, WHICH IS IT MUST FRONT WITH A ON ONTO A 25 FOOT, UH, PO PORTION OF TOWN, IMPROVED ROAD, THE ENTIRE ROAD FRONTING THE NEW PROPOSED PARCEL IS UNDERSIZED.
IT DOES NOT MEET THE WIDTH SIZE OF A TOWN ROAD.
SO IN, IN ORDER FOR THE TA FOR THE BUILDING DEPARTMENT TO ACCEPT IT, UH, WE MUST GET A, AN APPROVAL FROM THE VARIANCE.
WE, WE NEED A VARIANCE FROM NOT FRONTING ONTO A 25 FOOT SEGMENT OF AN IMPROVED ROAD.
SO IN OTHER WORDS, WE'RE LEAVING THINGS AS THEY ARE.
WE HAVE A ROAD THAT WILL BE SERVICING THE ACCESS TO THIS PROPERTY.
IN FACT, THAT ROAD SERVICES MANY HOUSES IN THAT AREA, WE'RE SIMPLY, UH, UH, THAT FOR WHATEVER REASON IT'S ACCEPTABLE TO THE TOWN.
IT'S JUST THAT SINCE WE ARE NEW TO, TO, WE NEED A NEW APPLICATION, WE NEED THE BLESSINGS OF THE ZONING BOARD OF APPEALS TO GIVE US A VARIANCE, UH, UH, TO ALLOW THE ENTRANCE FROM THIS, UH, ROAD THAT IS NOT UP TO SNUFF WITH RESPECT TO THE WIDTH.
NOW, I ALSO SAID THAT BECAUSE THAT IS THE CASE, WE ARE SHOWING, IM, WE ARE BASICALLY IMPROVING THE TOWN ROAD, UH, TO A WIDER WIDTH IN ORDER TO SERVE THE ENTRANCE OF OUR PROPOSED NEW HOUSE.
AND THAT'S PERFECTLY OKAY, AND IT'S BEEN DONE BEFORE, AND IT'S UP TO US TO EVEN MAKE IT BIGGER IF WE WANT TO.
BUT WE ARE SAYING IN THAT DRAWING, HOW MUCH PAVEMENT WE'RE INCREASING LIKE FIVE TO SEVEN FEET OF PAVEMENT WIDTH, AND WE'RE INCREASING THE RADII FROM THE, FROM THE ROAD SURFACE ONTO THE PROPERTY.
SO WE'RE ADDING PAVEMENT TO IT, WE'RE IMPROVING IT, WE'RE INCREASING IT, AND THAT'S IT.
THAT'S THE, THAT'S THE PROPOSAL.
SO WHEN YOU SAY THE ROAD SERVES OTHER HOMES, IS THE ROAD THAT SERVES OTHER HOMES, IS IT THE SAME DIMENSIONS OF WHAT IS IN FRONT OF THIS PROPERTY OR NOT? CORRECT.
AND HAVE THERE BEEN VARIANCES GIVEN FOR ANY OF THOSE OTHER HOMES IN ORDER TO CONSTRUCT THEM ON THIS ROAD? WELL, APPARENTLY THEY HAVEN'T NEEDED, THOSE HOMES HAVE NOT NEEDED TO ASK FOR A VARIANCE.
BUT OTHER HOMES THAT HAPPEN TO HAVE THE SAME GEOMETRY ISSUES HAVE GONE TO THE BOARD.
AND AS A MATTER OF FACT, ALWAYS HAVE SECURED AN EASEMENT FROM THE BOARD BECAUSE IT'S THE STATUS QUO.
IT IS THERE, IT IS BASICALLY A TOWN ROAD THAT FOR WHATEVER REASON, WAS NEVER IMPROVED TO THE ACTUAL GEOMETRY OF WHAT WE CALL TOWN STANDARDS.
SO BECAUSE THESE STANDARDS ARE NOT EXISTING, AND BECAUSE THE LAW SAYS THAT I HAVE TO HAVE A 25 FOOT FRONTAGE TO A FULLY, UH, STANDARD TOWN APPROVED ROAD, THEN THEY HAVE TO DENY IT OR GET A VARIANCE.
YOU USE VARIANCE, WHICH IS WHY YOU'RE BEFORE US.
BUT A MOMENT AGO YOU MENTIONED SOMETHING ABOUT AN EASEMENT FOR A CERTAIN PROPERTY.
NO, I NEVER MENTIONED AN EASEMENT.
NO, I NEVER, THE WORD OF EASEMENT NEVER CAME OUT ON THIS RESPECT.
AND THE LAST SENTENCE IT DID, MY GOD, I'M LOSING MY MIND.
YES, YOU DID USE THE WORD EASEMENT, BUT I THINK
I DIDN'T, I DIDN'T MEAN TO, THERE'S NO NEED TO USE THAT WORD.
ALRIGHT, SO, UM, IS THIS SOMETHING THAT WE DON'T, DO WE HAVE TO WORRY ABOUT, UM, ANY TYPE OF PASSAGE OF, UH, FIRE VEHICLES OR ANYTHING OF THAT NATURE IN ORDER? NO, NO.
THE HOUSE, THE, THE ROAD EXISTS AS IS WHATEVER FIRE VEHICLES HAVE TO SERVICE THE OTHER TWO ROADS PAST THIS PARTICULAR PROPOSED ENTRANCE IS, IS, IS, IS IN SITU, AND NOTHING, NOTHING HAS CHANGED.
SO WE'RE NOT ADDING, WE'RE NOT AGGRAVATING THE SITUATION.
WE'RE SIMPLY COMPLYING WITH THE SITUATION.
AND THE BOARD IS SAYING, OKAY, THE SITUATION, THE BOARD COULD SAY, YES, THE SITUATION EXISTS.
THIS ROAD HAS SERVICED ALL THESE HOMES ALL THESE YEARS.
THERE'S NO REASON WHY WE SHOULDN'T ALLOW A NEWCOMER TO THAT ROAD TO ENJOY THE SAME BENEFIT OF USING THE SURFACE OF THAT ROAD.
IN ADDITION, THEY'RE IMPROVING A SECTION OF THAT ROAD THAT IS GOING TO BE COEXISTING WITH THE NEW DRIVEWAY.
SO WHY NOT? THAT'S THE WAY I WOULD INTERPRET MY DISCUSSION WITH THE BOARD IN PRIVATE.
WHAT ARE WE LOOKING, I'M SORRY.
I'M SORRY, EMILIO, I MEANT TO BRING THIS UP SOONER.
COULD YOU, UM, JUST, JUST, JUST WALK US THROUGH
[02:30:01]
A LITTLE BIT ABOUT, UH, THE EXISTING HOUSE, THAT YELLOW, THAT YELLOW RECTANGLE IS, UM, OUT OF PLACE? BECAUSE THE WHOLE PROPERTY, YOU SEE WHERE THE RIGHT, THE, THE HOUSE AT AN ANGLE IS PLACED TO RIGHT THERE.THAT HOUSE IS THE OWNER OF THIS RECTANGULAR PARCEL THAT GOES FROM WHERE THE WORD VILLAGE HAPPENS TO WHERE THE YELLOW BOX IS.
SO FROM VILLAGE TO THE END OF THE YELLOW BOX? NO, NO.
UP HERE, UP, UP, UP TO WHERE IT SAYS VILLAGE, VILLAGE OF LEY.
AND THE YELLOW LOT ARE, AND THE YELLOW THAT WE USED TO BE YELLOW BEFORE THOSE TWO LOTS, AND I BELIEVE THE OTHER PARCEL ON TOP, THERE'S THREE LOTS.
THAT ONE THAT WAS YELLOW BEFORE.
WHERE THE BLUE MARKER IS THAT ONE? THAT ONE, YES.
UH, WE, I THINK WE UNDERSTAND.
SO, SO IT'S THAT ONE, THE BIG BOX AND THE TOP, THE TOP BOX, WHICH IS PARTLY IN THE VILLAGE OF ARLEY.
IN OTHER WORDS, WE, WE, THAT WHOLE LEFT SIDE, THAT LEFT SIDE IS THE ROAD THAT IS INAPPROPRIATE IN SIZE AS YOU CAN SEE IT.
YOU CAN'T TELL, YOU CAN'T TELL FROM THE AERIAL BECAUSE YOU CAN'T TELL ONLY WHEN YOU MEASURE IT, YOU REALIZE THAT THEY'RE A COUPLE OF FEET SHORT OF WHAT THE PAVEMENT SHOULD BE.
SO TECHNICALLY IT'S AN UNIMPROVED.
UM, SO, BUT IT IS BEEN EXISTING FOREVER, AND IT'S BEEN, UH, SERVICING THOSE HOUSES FOREVER.
WE SIMPLY NOW ARE SAYING, OKAY, WE'RE GONNA PUT A HOUSE RIGHT THERE ON THE OTHER SIDE OF THIS OVERSIGHT RIGHT THERE, WHERE THE BLOCK.IS.
WE'RE GONNA BUILD A HOUSE RIGHT THERE, AND WE NEED AN ACCESS POINT FROM THAT SO-CALLED UNIMPROVED, UH, ROAD.
THAT'S THE ONLY VARIANCE WE'RE ASKING.
MR. ESCAL, COULD YOU WALK US THROUGH, UM, HAVE YOU HAD MEETINGS WITH THE PLANNING BOARD? UH, AND ADVISE US ON THAT ADVISED PERCENT, THEY, THEY UNDERSTOOD, THEY UNDERSTOOD THE, UH, THE SITUATION.
IT, THEY, IT DIDN'T SEEM TO BOTHER THEM AT ALL.
THEIR LOGIC WAS THIS IS PRE-EXISTING.
ALL THESE OTHER HOUSES, THEY HAD THE SAME QUESTION AS, AS, AS, AS THE MA UH, UH, UH, MADAM CHAIR, CHAIR LADY, UH, ASKED.
UM, AND THE ANSWER WAS THE SAME I GAVE YOU.
THERE ARE NO, UH, THE FIRE DEPARTMENT HAS NOT POSTED, UH, THEY SERVICE THESE HOUSES.
UH, THE GARBAGE TRUCKS GO THROUGH IT.
SO IT'S A, IT'S JUST A TECHNICALITY IN MY OPINION, THAT THE, THE, THE DEPARTMENT OF PUBLIC WORKS NEVER GOT TO THAT SEGMENT OF THE PER, UH, OF THAT ROAD AND FIXED IT.
MAYBE THEY HAVE IT IN SCHEDULED TO BE FIXED OR TO BE ENLARGED, OR TO BE REPAID SOMETIME IN THE FUTURE.
BUT AS OF NOW, THAT'S THE WAY IT IS.
THAT'S THE WAY IT IS SERVICING THE EXISTING LOTS.
AND WE'RE SIMPLY SAYING, OKAY, WE'RE NOW PART OF THAT, OF THAT COMMUNITY, BUT WE NEED YOUR PERMISSION TO EXIST LEGALLY.
ANY OTHER QUESTIONS? MADAM CHAIR? JUST TO, UH, COMPLETE THE RECORD, AND I'M SURPRISED NO ONE HAS BROUGHT THIS UP YET, IS THAT, UH, THE PLANNING BOARD HAS ISSUED A RECOMMENDATION TO THIS BOARD? MY APOLOGIES.
IT, IT WAS IN, IT WAS IN OUR, OUR, OUR FOLDER.
IT, IT WAS THE REC POSITIVE RECOMMENDATION FROM THE PLANNING BOARD TO THE ZONING BOARD OF APPEALS IN FAVOR OF THIS, UH, OF GRANTING THIS VARIANCE.
ANY OTHER QUESTIONS OR COMMENTS? UH, I WOULD JUST LIKE TO SAY THAT, UH, SPRINGWOOD AVENUE, AS IT EXISTS, IT HAS, UH, A SANITARY SEWER.
WELL IDENTIFY YOURSELF, MR. A STORM SEWER, I'M SORRY, MR. KALIN, SAY WHO YOU ARE.
UH, AND AS, UH, MR. ESCALADES HAS SAID THE, THE ROAD IS EXISTING, THERE ARE FIVE OR SIX HOUSES THAT HAVE BEEN THERE FOR A LONG TIME.
UH, THERE'S A SANITARY SEWER, A STORM SEWER, WATER SERVICE.
AND AS, UH, MR. ESCAL SAID PUBLIC WORK SERVICE, UH, SNOWPLOWING, GARBAGE, ET CETERA, FOR THESE, UH, OTHER SIX HOUSES THAT CURRENTLY EXIST, UH, NEXT DOOR TO THIS PROPERTY AND, AND FURTHER DOWN THE ROAD.
YEAH, ACTUALLY, I THINK WHEN WE MADE THE APPLICATION, I THINK THE BUILDING DEPARTMENT HAD TO CALL THE DEPARTMENT OF PUBLIC WORKS BECAUSE NO ONE WAS SURE.
WHY WERE THEY CALLED IT UNIMPROVED? AND THEY, I THINK THEY WENT OUT THERE AND THEY HAD TO, AND THEY AGREED.
YEAH, IT'S NOT SOMEWHERE THEY LOOKED IN THE BOOK SOMEWHERE.
AND IT IS UNIMPROVED TO THE STANDARDS OF THE TOWN, BUT AS MR. KAUFMAN SAYS, IT'S A, IT'S A FULLY UTILIZED, UH, TOWN RIGHT OF WAY FOR MANY, MANY UTILITIES
[02:35:01]
AND, AND OF COURSE, ACCESS.ANY ANY COMMENTS FROM THE AUDIENCE? UM, MADAM CHAIR, THERE WAS ONE EMAIL THAT I RECEIVED OVER THE COURSE OF THIS MEETING, SO IT'S BRIEF, I WILL RECITE IT.
UM, THIS WAS RECEIVED FROM, UH, FAIN, UH, BYNER, B E I N E R, SORRY, FIRST NAME, F A T I N.
UH, I OBJECT TO THE PROPOSAL AS IT IS GOING TO NARROW OUR ROAD 21 SPRINGWOOD AVENUE.
IT IS A HAZARDOUS, IT IS HAZARDOUS DURING THE WINTER THAT CAME IN VIA EMAIL.
I WILL FORWARD THAT TO THE BOARD.
WE'LL MAKE IT PART OF THE RECORD.
YOU WANNA COMMENT ON THAT, MS. ESTIS? WELL, THAT'S NOT, UH, THAT'S PHOTO AUTOMATICALLY WRONG, BECAUSE IF ANYTHING, WE WILL BE WIDENING, UH, THE SEGMENT OF THE ROAD THAT WILL BE SERVICING THE POINT OF ENTRY ONTO THE PROPOSED LOT.
SO IF ANYTHING, WE'RE BENEFITING THE ROAD AT OUR EXPENSE, UH, YES, FOR OUR BENEFIT, BUT IT'S A BENEFIT TO THE ROAD, AND IT'S NOT DANGEROUS AT ALL.
IT'S JUST NOT TO THE DIMENSIONS OF THE TOWN.
IT'S USED EVERY DAY BY FIRE TRUCKS, BY GARBAGE TRUCKS, BY VEHICLES.
IT IS A NORMAL, IN FACT, NOBODY REALIZED THAT THIS REQUIREMENT WAS NEEDED.
IT WAS, IT WAS DURING A, A, A, SOME TYPE OF DUCK, UH, BUREAUCRATIC RESEARCH THAT YIELDED, OH, YEAH, THIS IS AN UNIMPROVED ROAD.
NOBODY, YOU CAN'T EVEN TELL WHEN YOU'RE STANDING THERE.
BUT LIKE I SAID, WE'RE GOING TO IMPROVE IT AS THE DRAWINGS THAT I'M PROPOSING SHOW, UH, TO GIVE THE POINT OF ACCESS A MUCH, A MUCH, UM, A MUCH, UH, OH, OKAY.
I THINK IT'S, IT'S WRONG THAT COMMENT.
I DON'T THINK HE UNDERSTANDS WHAT WE'RE DOING.
WE'RE CERTAINLY NOT NARROWING, WE'RE CERTAINLY NOT MAKING ANY MORE DANGEROUS.
WE IS JOINING THE NEIGHBORHOOD, THAT'S ALL.
COULD I ASK, UM, UH, GARRETT, DO WE, DO WE KNOW ON THAT EMAIL WHERE THAT, UH, THE INDIVIDUAL IS LOCATED? YES.
THERE WAS AN ADDRESS, UH, GIVEN, SO I'LL PULL THAT UP.
OKAY, SO THAT'S 21 SPRINGWOOD AVENUE, 22 1.
SO WHERE IS THAT IN RELATIONSHIP TO THE, UH, SUBJECT LOT? OKAY, I WILL, UH, SHARE SCREEN HERE.
I JUST, UH, GOT LUCKY AND I PINNED IT, AND, UH, I HIT THE RIGHT ONE, SO, OKAY.
SO TH THIS IS THAT NEIGHBOR, UH, WHO RESIDES HERE THAT I JUST READ THAT STATEMENT.
AND THE SUBJECT LOT ENCOMPASSES THIS AREA HERE, RIGHT? OKAY.
SO HE'S FEEDING, HE'S FEEDING OFF THE SAME ROAD.
THAT'S STRANGE THAT HE WOULD MAKE THAT COMMENT.
HE'S FEEDING OFF THE SAME ROAD.
WELL, I'D HAVE TO SAY MS. DELAS, IN, IN ALL FRANKNESS, IT'S JUST READING THE, UM, THE WAY IN WHICH THE VARIANCE IS DESCRIBED ON THE AGENDA, IT CAN BE CONFUSING TO PEOPLE.
SO IT WAS DEFINITELY CONFUSING TO ME,
THAT'S THE WAY IT WAS PHRASED TO ME.
ANY OTHER COMMENTS? ALL RIGHT.
LET'S TRY TO GET TO OUR LAST CASE.
WE HAVE ON THE AGENDA TODAY, CASE 2116, GRACE AND JOHN WILLIAMS PROPERTY AT 14 CHELSEA ROAD.
JOHN WILLIAMS FROM 14 CHELSEA ROAD.
UH, I LIVED HERE FOR 27 YEARS, AND WE DID A BIG ADDITION BACK IN 2005.
UM, THE HOUSE ORIGINALLY WAS A SPLIT LEVEL, AND WE TURNED IT INTO A, A COUNTRY COLONIAL.
WE HAVE A SMALL LOT, BUT WE HAVE A SUBSTANTIAL HOUSE, AND WE'RE TRYING TO IMPROVE OUR OUTDOOR LIVING SPACE.
SO WE CAME UP WITH A COUPLE OF, UH, IDEAS AND PROJECTS.
UM, SOME ARE A GREAT IDEA, BUT, UM, YOU KNOW, OVER THE YEARS I'VE CHANGED THINGS AND I'VE LEARNED FROM OTHER THINGS THAT I DID THAT WERE UNACCEPTABLE.
AND, UM, WE HAVE TWO DIFFERENT THINGS RIGHT NOW.
WE HAVE A P PEBBLE GARDEN IN THE BACK.
IT'S A GARDEN, BUT, UM, UH, LEGAL WISE,
[02:40:01]
UM, THEY'RE INSISTING THAT IT'S A PATIO.UH, FOR ME, IT, IT'S, IT'S NOT GONNA BE A PATIO.
IT IS IN THE REAR OF MY HOUSE, AND IT'S A PRIVATE LOCATION, AND IT'S THE MOST PRIVATE SPOT ON THE PROPERTY.
UM, BUT WE HAVE A PATIO THAT WE USE, AND THAT IS OUR, THAT IS OUR, UH, WHERE WE EAT AND DINE.
AND IT'S ALSO PRIVATE, BUT IT'S NOT AS PRIVATE AS THE BACK.
SO MY WIFE CAME UP WITH AN IDEA THAT WE WOULD PUT PEE PEBBLES ON TOP OF THE EXISTING SOIL AND, UH, CONTAIN IT WITH BELGIUM BLOCKS, NOT DISTURBING THE SOIL WHATSOEVER.
OKAY? BECAUSE I DO WATER, I, I, I WORRY ABOUT WATER, WATER PROBLEMS. I'VE SEEN THEM IN THIS AREA BECAUSE THERE'S A HIGH ROCK TABLE IN THIS AREA.
AND, UM, IMPERVIOUS SURFACE MEANS A LOT TO ME.
OKAY? SO, UM, I THOUGHT IT WAS A LITTLE BIT BIG IN THE BACK.
THIS, THIS, THIS SAND, UH, P PEBBLE, UM, GARDEN.
SO WE DECIDED THAT WE'D GO FOR A VARIANCE TO SEE WHAT YOU THINK, AND WE'D LOVE TO HAVE IT.
IF YOU, IF YOU LOOK, IF YOU ASK ANY OF OUR NEIGHBORS, WE VERY RARELY GO BACK THERE, OKAY? IT'S BASICALLY SOMETHING THAT WE, WE
AND, AND IT'S NOT FOR EATING DINING.
UM, IT'S NOT LEVEL, THE REASON THAT IT'S IN THE POSITION THAT IT'S IN.
IF YOU LOOK AT IT, UM, YOU, IF YOU'RE ON MAYFAIR WAY, AND YOU LOOK AT THE SIDE VIEW, I HAVE A, UM, UH, THERE'S, THERE'S A, UH, YEAH, THERE'S A STONEWALL, BUT I HAD TO START IT AND STOP IT WHERE IT IS BECAUSE OF A SIDEWALK, AND THEN IT DROPS.
AND THE MOST LEVEL PART OF, UM, THAT PATIO IS, IS WHERE IT ENDED UP.
OKAY? SO IT'S BASICALLY 12 FEET BY 20 FEET.
AND, UM, THE SOIL WAS UNDISTURBED, AND IT'S JUST A BEAUTIFUL SITE.
IT'S SOMETHING THAT'S UP AND COMING.
YOU KNOW, THEY, THEY, THEY USE A LOT OF P P, UM, IN ENGLAND AND FRANCE, MY WIFE SAYS, AND SHE LIKES IT.
OKAY? AND THEN WE HAVE OUR PERGOLA IN THE REAR.
NOW, THE PERGOLA IN THE REAR, UM, I HAD AN EXISTING WALL, UH, THAT'S A NEIGHBOR.
AND, UH, THEY ARE, YES, THEY ARE, THEY, THAT'S THEIR POINT OF VIEW, OKAY? THIS IS WHAT THEY WILL BE SEEING, OKAY? AND THEY ABSOLUTELY LOVE IT.
UM, UH, IT'S NOT LEVEL, AND IT'S NOT FLAT.
SO MY ARGUMENT IS, YOU KNOW, TO, UH, THE BUILDING INSPECTOR, YOU KNOW, HEY, YOU KNOW, HE KNOWS WHAT HE'S DOING.
BUT IF YOU GO TO DEFINITIONS IN, UM, YOU LOOK UP THE WORD PATIO, IT SAYS AN UNCOVERED FLAT AREA AT GRADE LEVEL.
THE PEE PEBBLES IN THE BACK ARE NOT, YOU CANNOT COMPRESS THEM, OKAY? IT'S HARD TO WALK ON.
SO IT'S REALLY NOT FLAT, AND IT'S NOT A GREAT IDEA FOR A PATIO.
SO, YOU KNOW, IT, IT'S JUST A BEAUTIFUL PLACE, AND YOU COULD SIT THERE AND IT'S NOT REALLY FOR, AND IT IS FOR POTS, AND IT'S NOT, YES, IT'S A GARDEN.
IT'S REALLY, AND MY ARCHITECT THAT'S BEEN AN ARCHITECT FOR 40 YEARS, ED SWEE, WHEN HE SAW IT, HE TOTALLY AGREED WITH IT.
UH, THE PLUMBING INSPECTOR, OKAY, UH, MY NEIGHBOR THAT'S ADJOINING, UM, BY THE FENCE, UH, PUT A COMPLAINT IN, AND THEN THE INSPECTOR CAME OUT.
UH, HE WAS THE PLUMBING IN INSPECTOR.
WHEN HE LOOKED AT IT, HIS WORDS, I DON'T SEE THE PROBLEM.
SO HE DID WHAT HE WAS SUPPOSED TO DO.
HE ACTUALLY LIKED IT, THOUGHT IT WAS A GREAT IDEA.
AND THE FOLLOWING DAY, UH, THE BUILDING INSPECTOR SAYS, IF YOU WANT THAT, YOU'RE GONNA HAVE TO GET A VARIANCE.
UH, IT HAS TO BE 10 FEET AWAY FROM THE PROPERTY LINE.
BUT, UM, LIKE I SAID, IT'S NOT, IT, IT, IT'S NOT FLAT.
THERE'S ONLY TWO INCHES OF THAT GRAVEL.
AND BY THE WAY, THAT GRAVEL IS VERY UNIQUE.
UM, IT'S NOT GRAVEL, IT'S P PEBBLE.
UM, YOUR TABLE WILL BE SINKING IN, AND IT CAN'T BE COMPRESSED.
IT'S NEVER COMPRESSED BECAUSE THEY'RE ROUND ROCKS.
THEY'RE ALL THE SAME SIZE, AND IT HAS A NICE COLOR.
WE LOVE THE COLOR, AND WE LOVE THE BELGIUM BLOCKS THAT GO AROUND IT, THAT GIVE IT A NICE BORDER.
[02:45:01]
SO, UH, THE PERGOLA, THE PER, AS A MATTER OF FACT, LET ME GO RIGHT BACK TO THIS AREA WHERE WE ARE WITH THIS PICTURE.I HAD A PERGOLA THERE, THERE WAS A PERGOLA, AND MY NEIGHBORS LOVED IT.
I WANTED, I WANNA PUT IT IN THE BACK.
UM, UH, WHAT, WHAT'S CONSIDERED MY BACKYARD, WHICH IS ACTUALLY MY SIDE YARD.
AND THOSE MATERIALS WILL BE USED TO MAKE THE PERGOLA THAT, UH, PROPOSED PERGOLA THAT I WANT NOW.
SO I HATED THE WASTE OF THE COLUMNS.
I FOUND A, A BETTER SPOT FOR THIS.
AND LIKE I SAID, EVEN WHEN WE HAD THE PERGOLA IN THE BACK THERE, WE NEVER WENT BACK THERE, ASK ANY OF OUR NEIGHBORS.
WE PREFERRED TO BE ON THE SIDE, THE SIDE OF THE HOUSE, THE RIGHT SIDE OF THE HOUSE.
AND, UM, THIS WILL CONTINUE, YOU KNOW, SO THERE'LL BE NO PROBLEMS WITH ANY NEIGHBORS.
WE, WE DON'T WANT ANY FIGHTING.
WE DON'T WANT ANY, UH, YOU KNOW, BAD FEELINGS.
WE'RE, WE'RE TRYING TO RESOLVE THAT.
UM, AND THE CALL FOR THAT AREA CAME AS RETALIATION FOR SOMETHING THAT HAPPENED THREE YEARS AGO WITH A LARGE, UM, GARAGE THAT WAS BUILT, UH, THAT I DISAGREED WITH.
AND THIS IS THE PRICE THAT YOU PAY WHEN YOU DISAGREE WITH SOMEBODY'S PROJECT.
SO NOW HERE I AM WITH SOMETHING VERY SMALL, AND THE NEIGHBORS ALL LOVE IT, AND I GUESS IT'S A BIG DEAL.
SO, UM, ANY QUESTIONS ABOUT THIS? OR MAYBE WE CAN MOVE ON TO THE PERGOLA.
SO THE PERGOLA, OH, THAT WAS A GOOD SHOT.
THAT WAS A GOOD SHOT, BECAUSE THAT SHOWED YOU WHY THE P P PEBBLE GARDEN IS WHERE IT IS.
YOU SEE THE SLOPE, YOU SEE THE SIDEWALK, AND YOU SEE HOW THE PROPERTY SLOPES DOWN.
I, I FELT THAT THAT LOOKS GOOD LIKE THAT.
THE STONEWALL IS, UH, A VERY SIMPLE STONEWALL FOR SITTING.
IT'S DECORATIVE, AND WE'RE TRYING, YOU KNOW, WE GET NOTHING BUT COMPLIMENTS, OKAY? PEOPLE LOVE WHAT WE DO, ALL RIGHT? WE'RE NOT HERE TO, UH, BREAK ANY LAWS.
UH, WE HAD NO INTENTION OF, WE DIDN'T THINK ANYBODY WOULD COMPLAIN ABOUT THAT.
UM, BUT, UH, MY NEIGHBOR WAS UPSET AND HE DID.
OKAY, SO, AND THAT'S FINISHED, BY THE WAY.
THAT'S ALL THAT'S GETTING THAT PROJECT THERE IS DONE.
MAYBE IT'S GONNA HAVE A CHAIR ON IT.
MY SON, UH, UH, SON BATHES ON IT.
HE DOESN'T HAVE TO TRAVEL DOWN TO JONES BEACH, WHICH IS A GREAT THING.
OKAY? SO THAT'S OUR PORCH, THAT'S OUR SECOND STORY DISH.
AND THIS IS WHAT WE WANT IN, IN THE, UH, REAR SIDE, UH, MY RIGHT SIDE PROPERTY, UM, THAT'S MYSTERIA ON THE TOP OF THE PERGOLA.
UM, I REDUCED THE SIZE OF THE PERGOLA, UH, TO 10 FEET KNOWING THAT YOU WOULD WANT IT SMALLER.
AND, UM, THE, THE, UM, COLUMNS WILL REST ON A, UH, A WALL THAT'S THERE, AND IT'S JUST GONNA BE A BEAUTIFUL SITE.
WE'VE SEEN IT IN PICTURES, AND WE'RE COPYING THIS.
WE ALREADY HAVE THE WISTERIA THERE.
IT'S GONNA LOOK EXACTLY LIKE THAT.
SO WE'VE TALKED TO EVERY, THAT'S WHAT OUR BACK WOULD LIKE TO LOOK LIKE.
WE'D LIKE TO HAVE A COURTYARD, YOU KNOW, WELL, NOT A COURTYARD, BUT, UM, A PLACE TO PUT DECORATIVE PLANTS AND, UM, OH, THAT'S A PICTURE OF THE STRUCTURE THAT WAS BUILT THAT CAUSED ALL THIS MESS.
AND HE WANTED TO BUILD, THAT WAS THE EXISTING PERGOLA.
AND I CHANGED MY MIND AND I TOOK IT DOWN.
OH, THIS IS TO SHOW THAT AT THE TIME MY NEIGHBOR AND I WERE GETTING ALONG, UM, AS YOU COULD SEE, AS YOU COULD SEE IN THE MIDDLE OF THE PAGE, IT SAYS, NON PERMITTED CARPORT STRUCTURE OVER PROPERTY LINE.
NOW, I ALLOWED THAT, UM, HE DIDN'T MIND BEING ON MY PROPERTY, AND, UM, I REALLY DIDN'T, WASN'T FAMILIAR WITH THE PROPERTY LINE AT THE TIME, BUT LITTLE DID I KNOW HE WAS ON MY PROPERTY SIX FEET.
OKAY? WE FOUND THIS OUT AFTERWARDS WHEN HE WENT TO APPLY FOR A PERMIT ON HIS GARAGE.
AND, YOU KNOW, IT KIND OF BROKE OUR HEARTS BECAUSE WE FIGURED THAT, YOU KNOW, IF YOU'RE ON SOMEBODY'S PROPERTY, WELL, FIRST OF ALL, I DON'T THINK ANYBODY IN THE AUDIENCE HAS BEEN ON ANYONE'S PROPERTY AND WOULD NEVER DO THAT.
BUT THE PROBLEM WAS, WHEN HE CAME TO US, IT'S LIKE HE WAITED YEARS, HE KNEW HE WAS ON OUR PROPERTY, AND THEN HE WANTS TO BUILD A GARAGE TWO FEET AWAY FROM OUR PROPERTY LINE.
AND HE SAYS, HE'LL GIVE US OUR PROPERTY
OKAY, SO, ANY QUESTIONS, PLEASE? I, I'M, I'VE BEEN DYING FOR THIS MEETING, AND I'M, I, YOU KNOW, I WATCH YOU ON TV AND I'M, AND I'M GLAD TO, UH,
[02:50:01]
TALK TO YOU.I'LL JUMP IN REAL QUICKLY THEN.
UM, SINCE YOU, YOU KNOW, YOU REDUCED THE PERGOLA, UM, IS THERE ANY WAY YOU CAN REDUCE THE PROPOSED EXISTING GRAVEL PATIO? WELL, UM, TO MAKE IT SMALLER, YOU KNOW, I'D LOVE FOR, UH, THE ZONING BOARD MEMBERS.
AND I TOLD CAROL, I SAID, YOU KNOW, YOU'RE WELCOME ON THE PROPERTY, GO ON THE PROPERTY.
IF YOU MAKE IT SMALLER, WHAT EFFECT, UH, YOU KNOW, IT'S A NUMBER.
YES, YOU ARE REDUCING A NUMBER, BUT IT KIND OF TAKES AWAY, UM, YOU KNOW, THERE'S AREAS WHERE THERE'S ROTO RUMS THAT ARE OVERFLOWING OVER THE BELGIUM BLOCKS, WHICH WILL NEVER BE TOUCHED OR STEPPED ON, AND DOESN'T INTERFERE WITH ANY OF THE WATER FLOW, THE NATURAL WATER FLOW OF THAT AREA.
SO, AND IT'S JUST, NOBODY WILL SEE IT.
AND I WILL BE PUTTING UP A FENCE, A VERY DECORATIVE FENCE, TO, UM, MATCH MY GARAGE DOORS THAT WILL LOOK LIKE WOOD.
NOBODY IS GONNA SEE THAT AREA.
AND LIKE I SAID, THAT'S NOT MY, THAT'S NOT A PATIO, THAT'S NOT MY PATIO.
THAT'S A DECORATIVE SPACE TO LOOK AT FROM MY KITCHEN.
WE LOVE THE PLANTS, WE LOVE SEEING THE SNOW.
UH, MY NEIGHBOR PUT UP SOME NICE TREES, UH, TO MAKE IT MORE PRIVATE.
YOU KNOW, HE, HE GAVE US A LITTLE PRIVATE, A LITTLE CUSHION, AND THAT WORKED OUT PRETTY GOOD.
UM, UM, THAT'S A SMALL PROJECT.
I COULD EASILY, I COULD EASILY FOR YOU DO WHAT YOU WOULD LIKE, YOU KNOW, I DON'T KNOW HOW MUCH SMALLER THOUGH, BUT YOU GET AN IDEA.
HEY, YOU, YOU SAY TO YOURSELF, I LIVE HERE.
AND WHAT WOULD YOU DO? HOW MUCH SMALLER WOULD YOU LIKE IT? YOU KNOW, I KNOW IT'S OVER, UH, QUITE A BIT, AND YOU'RE SUPPOSED TO BE, BUT YOU KNOW, THAT IS ONLY IF IT IS A PATIO.
IF IT HAS TO BE A PATIO, IT'S NOT A HARD SURFACE.
WE'LL HEAR FROM OUR BUILDING DEPARTMENT BUILDING WHY IT'S WIDES A PATIO.
I'M TRYING TO UNDERSTAND IF YOU COULD DESCRIBE, UH, MORE CLEARLY, SIR, UH, WHAT EXACTLY WOULD HAVE TO BE DONE TO PUT THE PERGOLA IN COMPLIANCE? UM, OKAY.
OKAY? THE HOUSE IS ON A CORNER LOT.
SO ACTUALLY THE FRONT OF THE HOUSE IS THE GARAGE SIDE.
SO ON THE BACKSIDE YOU NEED 30 FEET FROM THE PERGOLA TO THE, UH, PARALLELOGRAM IS THE PROPERTY.
SO IT'S, YOU KNOW, IT'S NOT STRAIGHT.
SO IT STARTS OFF, I HAVE PLENTY OF ROOM, AND THEN IT GETS NARROW TOWARDS THE TOP.
SO PART OF THE PERGOLA IS WITHIN, OKAY.
AND A, AND A PORTION OF IT IS WHERE WE NEED THE VARIANCE.
OKAY? UM, LIKE I SAID, MY NEIGHBOR THAT LIVES RIGHT NEXT DOOR, UH, THEY SHOWED THEIR HOUSE ARE IN TOTAL AGREEMENT, UH, WITH, YOU KNOW, THEY WOULD BE AFFECTED THE MOST.
AND, AND THEY REALLY ARE ALL FOR IT.
AND THEY ACTUALLY, UM, WROTE A LETTER OF AGREEMENT.
OKAY? SO THEY HAVE NO PROBLEM WITH IT.
UM, I DIDN'T KNOW ABOUT THIS TO TELL YOU THE TRUTH BECAUSE I THINK THAT WHEN THE, UM, SECOND STORY EDITION WAS DONE, IT WAS VERY UNCLEAR AS, 'CAUSE WE WERE BUILDING A PORCH AS TO WHERE I GOT THE VARIANCE.
AND, AND SO THAT WAS CONFUSING.
I, I HAD THOUGHT THAT I NEEDED 14 FEET ON MY RIGHT SIDE TO INCLUDE THE PERGOLA.
SO IT WAS A SURPRISE TO ME WHEN I DIDN'T GET THE PERMIT TO DO IT.
HE, HE, UM, REVEALED THAT PROBLEM.
OKAY, SO MY NEIGHBORS, IF YOU ASK MY NEIGHBOR WHERE THE FRONT OF MY HOUSE IS, THEIR CONCERN IS WHERE MY FRONT DOOR IS.
OKAY? THAT'S THE FRONT OF MY HOUSE.
BUT AS FAR AS LEGALITIES AND THE BUILDING INSPECTOR, UM, THE RIGHT SIDE OF MY HOUSE WOULD BE THE REAR SIDE.
AND IT'S A LARGE MEASUREMENT OF 30 FEET.
IT'S A LOT, YOU KNOW, HAD I BEEN AN R 10, YOU GOTTA UNDERSTAND SOMETHING.
UM, MY HOUSE, MY PROPERTY IS ONLY, IT'S LESS THAN 10,000 SQUARE FEET, BUT WITH THE ADDED, UH, FRONTAGE THAT I HAVE IN THE TOWN'S PROPERTY AND ALSO ON MY, UM, GARAGE SIDE GIVES ME EXTRA SPACE, AND IT'S OVER, UH, A QUARTER OF AN ACRE WITH THE TOWN'S PROPERTY, WHICH I TAKE CARE OF BY THE WAY.
I, I TAKE CARE OF, UM, A CORNER LOT HOME HAS A, UH, YOU KNOW, A LOT OF UNIQUE ASPECTS THAT A LOT OF PEOPLE DON'T KNOW ABOUT, AND ONE OF THEM IS TAKING CARE OF THE CORNER LOT, YOU KNOW, UM, UH, UH, BIG TRUCKS DRIVING AND MAKING WRONG TURNS AND KNOCKING, UH, SIGNS OVER AND DRAGGING ROCKS ACROSS THE ROAD.
[02:55:01]
THAT MY NEIGHBORS APPRECIATE.YOU KNOW, TRACTOR TRAILERS, BECAUSE OF GOOGLE PROBLEMS, THEY MAKE THE RIGHT ON MAYFAIR WAY, THEY HEAD DOWN MAYFAIR WAY, AND THEY HAVE TO GO BACK ONTO CHELSEA ROAD AND MAKE A LEFT ON THE CORNER OF MY HOUSE.
AND IT IS UNBELIEVABLE WHAT I HAVE TO GO THROUGH.
SOMETIMES THEY STOP, MOST OF THE TIME THEY DON'T, AND WHEN THEY GO OVER THAT TURN, THEY GO UP ONTO MY, UM, NEIGHBOR'S PROPERTY TO MAKE THE TURN BECAUSE IT'S TOO SMALL OF AN INTERSECTION.
IT'S 50 FEET, BUT IT'S JUST NOT ENOUGH.
AND THAT'S SOMETHING THAT I HAVE TO DEAL WITH.
THAT'S, UH, A CORNER LOT PROPERTY OWNER.
NOW YOU SAID THAT YOU HAD HAD THE PERGOLA UP PREVIOUSLY IN A DIFFERENT LOCATION.
UM, MY OPPOSING NEIGHBOR THAT DOESN'T, UM, AGREE WITH THE, UH, MY QUESTION IS WHERE, OH, IT WAS, IT WAS WHERE THE GRAVEL WAS.
IT WAS WHERE THE, UM, THE PEA BEVEL GARDEN WAS.
AND, UM, SO ESSENTIALLY, ESSENTIALLY WHERE THAT, UH, GRAVEL IS, WAS THE AREA THAT WAS UNDER THE PERGOLA.
AND TO TELL YOU THE TRUTH, WHEN I GOT TO THIS HOUSE, PEE PEBBLES WERE USED IN THAT BACKYARD, AND WE ALWAYS, YOU KNOW, WHEN WE MESSED AROUND WITH THE SOIL, WE ALWAYS SAW THAT THERE WERE PEE PEBBLES IN THERE FIGURING THAT THERE WAS SOME, YOU KNOW, WATER DRAINAGE PROBLEMS OR WHATEVER.
AND, UH, YOU KNOW, THEY, THEY PACKED IT UP PRETTY GOOD.
UM, YOU KNOW, THERE'S ALWAYS PEE PEBBLES IN THERE, SO THAT'S WHERE SHE KIND OF GOT THE IDEA.
UH, BUT I DIDN'T LIKE THE LOCATION.
AND, UM, AND WE, WE NEEDED TO MOVE THAT PERGOLA TO A BETTER SPOT THAT WE USE MORE OFTEN BECAUSE THE PERGOLA ACTUALLY PROVIDES SHADE AND PRIVACY.
OKAY? THE SUNRISES IN THE EAST, AND, UM, IN THE MORNING, UM, THE PERGOLA WILL KNOCK DOWN ON THE SUNLIGHT AND IT'LL MAKE IT MORE USEFUL, RIGHT? THAT'S ONE OF THE THINGS.
UH, PRIVACY AND SHADE IS WHAT WE'RE INTERESTED IN.
YOU KNOW, WE FOCUSED ON THE HOUSE AND NOW WE'RE TRYING TO MAKE THE OUTSIDE BETTER.
AND WE, I, I WOULD LOVE TO FOLLOW ALL THE LAWS, BUT, UH, THIS ONE, THESE TWO THINGS WE DIDN'T KNOW ABOUT, WE DIDN'T KNOW ABOUT THE, UH, GARDEN BEING A PROBLEM.
UH, OUR LANDSCAPERS PUT THAT IN THERE, AND THEY SAID THEY NEVER HAD TO GET A PERMIT TO USE KEY PEDALS.
AND LIKE I SAID, THE BUILDING INSPECTOR CAME OVER AND LOOKED AT IT, AND THE FIRST IMPRESSION HE HAD WAS, I DON'T SEE A PROBLEM HERE.
BUT THEN, UM, YOU KNOW, THINGS DIDN'T WORK OUT THAT WAY.
ANY OTHER QUESTIONS? ANYONE IN THE AUDIENCE THAT WANTED TO ADDRESS THIS CASE? YES, I WOULD LIKE TO, YES, GO AHEAD.
I'M THE PROPERTY IMMEDIATELY WEST TO THE APPLICANT.
UH, WE'RE FIRMLY AGAINST THE THREE VARIANCES THAT ARE BEING REQUESTED.
I FEEL THAT THEY'RE EXTRA SUBSTANTIAL, NOT ONLY IN NUMBERS, BUT, UM, THE FACT THAT THIS PROPERTY WAS ORIGINALLY BUILT WITH TWO VARIANCES.
IT MENTIONED BACK IN 2004, HE DOUBLED DOWN ON THOSE VARIANCES TO MAKE THE HOUSE TWICE AS HIGH AS IT IS, AND NOW THEY'RE ASKING FOR ANOTHER THREE VARIANCES.
AND NOT TO DO WORK, BUT TO LEGALIZE THREE THINGS THAT THEY DID UNDER FULL KNOWLEDGE OF THE RULES OF THE TOWN.
I'D LIKE TO BE CLEAR, THEY KNOW THE RULES.
UM, THEY JUST CHOOSE NOT TO FOLLOW THEM.
AND THIS HAS BEEN A PATTERN EVER SINCE THE BOARD WAS GRACIOUS ENOUGH TO GRANT THEM VARIANCES BACK IN 2004.
THEY'VE GONE ON TO DO SEVERAL THINGS WITHOUT PERMITS, WITHOUT ANY INPUT FROM THE TOWN.
HE LIKES TO BUILD STUFF, I GET IT.
HE WANTS TO BUILD WHAT HE WANTS TO BUILD, WHERE HE WANTS TO BUILD IT, AND WHEN HE WANTS TO BUILD IT WITHOUT PERMISSION.
AND IT'S AN ONGOING THEME, AND I'D LIKE IT TO STOP.
AS FAR AS THE P GRAVEL PATIO, I'M, I'M A LITTLE CONFUSED TONIGHT.
I SEE FURNITURE ON IT, THERE'S GONNA BE POTS ON IT.
UH, IT'S A PATIO OR IT ISN'T, UH, I DON'T KNOW WHAT TO SAY.
I DO KNOW IT'S TOO CLOSE TO MY PROPERTY.
WHILE I DON'T SEE IT, I DON'T SEE IT BECAUSE I AFFORDED THEM THE SHADE
[03:00:01]
AND THE FENCE THAT'S THERE THAT PROVIDES THAT PRIVACY TO THEM.AND, UH, AND HE'S SAYING THAT PETE GRAVEL EXISTS ON HIS PROPERTY.
I HAVEN'T SEEN IT ON MY PROPERTY.
UH, I, I DON'T BELIEVE IT'S IN CHARACTER WITH THE NEIGHBORHOOD FIRE.
I THINK THEY PLAN ON USING IT THERE.
I HAVE NO ASSURANCE THAT THEY WON'T.
HE SAYS THEY'RE NOT GONNA USE IT.
UM, IT'S, IT'S JUST TOO CLOSE.
WE MAY NOT SEE 'EM, BUT, UH, IT'S JUST TOO CLOSE.
AND THERE'S OTHER WAYS TO DO IT.
UM, IF IT'S A PATIO, WHY SHOULDN'T IT BE ATTACHED TO THE HOUSE? THERE'S A DOOR RIGHT THERE.
YOU WALK OUT THE DOOR, YOU SHOULD WALK OUT ONTO A PATIO, NOT LIKE ONTO A WALKWAY THAT'S THERE, THEN DOWN THE GRASS AND THEN ONTO IT.
I DON'T, I DON'T REALLY GET IT.
IT COULD HAVE BEEN NEXT TO THE HOUSE AND NOT IN THE SETBACK.
OUR TAXPAYER MONEY WE'RE ALL, UM, YOU KNOW, TRYING TO DO THE RIGHT THING HERE.
UH, AS FAR AS THE PERGOLA, IT'S IN PLAIN SIGHT FOR MY PATIO.
UM, I, I DON'T KNOW WHERE ELSE.
THERE'S A PERGOLA IN, IN THE FRONT, BASICALLY THE FRONT YARD OF SOMEONE'S HOUSE ON THE STONE PATIO.
I DON'T, I DON'T SEE WHERE THAT FITS INTO THE CHARACTER OF THE NEIGHBORHOOD.
UM, IT, IT AGAIN, IS SUBSTANTIAL.
IT AGAIN, WAS STARTED ILLEGALLY.
HE KNOWS HE NEEDS A PERMIT THAT HE ADMITTED IT, IT WAS BILLED SOMEWHERE ELSE, NON-COMPLIANT AND NON PERMITTED.
THAT EVEN FELL DOWN ONCE WHEN IT WAS WHERE IT WAS.
AND HE ADMITTED IT WASN'T SECURED PROPERLY, PUT IT BACK UP.
AND WE REALIZED IT'S TOO CLOSE.
IT WAS IN THE SETBACK, THE SAME SETBACK THAT THE P GRAVEL PATIO'S IN.
JUST FOLLOW THE GUIDELINES AND FOLLOW THE RULES.
THE RULES ARE GOOD ENOUGH FOR EVERYBODY ELSE.
THEY WORK AT 14 CHELSEA TOO, THE STONE PATIO.
I REALLY DIDN'T HAVE AN IDEA THAT WAS, UH, AN ISSUE.
UM, BUT THE BUILDING APARTMENT PICKED THAT ONE UP.
HE BUILT HIMSELF NO PERMIT, NON-COMPLIANT.
HE KNOWS WHERE HIS SETBACKS ARE.
HE HAD THE, HE HAD THE VARIANCE.
HE KNEW WHERE THOSE GUY, HE KNEW WHERE THOSE NUMBERS WERE.
NO CONCERN OR REGARD FOR THE RULES OF THE TOWN.
UH, HOW DO I KNOW HOW IT'S BUILT? HOW DO WE KNOW HOW IT'S BUILT? THERE'S NO DRAWINGS, THERE'S NO APPROVALS.
WHAT'S THE BASE OF IT? HOW DO YOU KNOW IT CAN HOLD UP THE PERGOLA DRAINAGE? WHAT'S HAPPENING WITH THE DRAINAGE? WHAT'S HAPPENING WITH THE RUNOFF? HOW IS THAT BEING HANDLED? HE SAID THEY HAVE CONCERN WITH RUNOFF.
THEY DON'T, HALF OF HIS ROOF PITCHES TOWARD ME.
THAT WATER FALLS ONTO THE WALK SLOPES ONTO MY PROPERTY.
HE KNOWS HIS ENTIRE RUNOFF GOES TOWARD ME.
NO GUTTER ACROSS THE 40 FOOT EVE IN THE BACK.
BUT FUNNY THING IS, THERE'S COPPER GUTTERS EVERYWHERE ELSE.
I THINK IT'S CLEAR THEY'RE ALL ABOUT APPEARANCE AND NOT THE RULES IN THE, THE APPLICATION.
AGAIN, YOU KNOW, IT SAYS PATIO, PATIO, PATIO OVER AND OVER AGAIN.
NOW, IF I'M HEARING IT'S A GARDEN, I, I DON'T BUY IT.
I BELIEVE WHEN IT WAS BEING BUILT, AND I CALLED THAT THERE WAS A TRUCK FULL OF PAVERS WAITING TO GO IN.
WHY IS THE, WHY IS THE BLOCK HIGHER THAN THE GRAVEL? WHAT'S NEXT? WHAT ASSURANCE DO I HAVE THAT THAT'S NOT GONNA BE STONED IN A YEAR? THEY LIGHT STONE, STONE PATIO STONES SURROUND AROUND THE GARAGE.
HOW DO I KNOW THAT'S NOT GONNA BE STONED IN A YEAR? AGAIN, NOT FOLLOWING THE RULES.
THEY JUST CARRY ON THE WAY THEY WANNA CARRY ON CARS.
UH, BACK IN 2004, IT WAS, GRANTED, THE VARIANCE BASICALLY DOUBLED DOWN ON THE VARIANCES THE HOUSE WAS BILLED ON.
BUT IF I HAD AN IDEA OF HOW HIGH THAT WAS GONNA BE, UM, I PROBABLY WOULD'VE OBJECTED.
[03:05:01]
FEET HIGH TOWARD US.IT BLOCKS THE SUN IN THE MORNING.
I ALWAYS HAD MOSS ON THE ROOFS CLOSE TO HIM BECAUSE, JUST IN THE SHADE FOR TOO LONG.
BUT WE HAD NOTHING TO SAY BACK THEN.
BUT GOING, GOING FORWARD, UM, I THINK I CALLED HIM WHEN THAT, WHEN, UH, WHEN HE WAS BUILDING THAT PATIO, JUST TO DIGRESS A MINUTE.
AND I SAID, JOHN, WHAT ARE YOU, WHAT'S GOING ON? UH, YOU KNOW, RIGHT NEXT TO ME THERE.
AND HE SAID, I'M BUILDING A PATIO.
AND I SAID, THAT'S NOT THE ISSUE.
IT'S IN THE SETBACK AND YOU KNOW IT.
AND, UH, BUT ANOTHER CONCERN IS THEY'RE WORRIED ABOUT IT BEING POROUS.
I, I DON'T SEE, I REALLY DON'T SEE AN UPDATED SURVEY AS PART OF THIS APPLICATION.
AND I DON'T SEE AN IMPERVIOUS SURFACE STUDY.
SO I, I DON'T KNOW HOW THESE THINGS ARE BEING CIRCUMNAVIGATED, BUT, UM, THEY NEED TO BE PROVIDED.
AND, UH, WE, WE NEED SOME SATISFACTION THAT THIS IS GONNA BE IN COMPLIANCE.
HOWEVER, WAY THIS GOES DOWN, I, YEARS AGO, HE, HE MENTIONED THE, THE PROPERTY LINE AND THE FENCE.
AND I HAVE TO, I HAVE TO SAY, UH, I HAD A TENT IN THAT AREA.
'CAUSE HE PUT THE FENCE WAY OVER ON HIS PROPERTY.
AND, YOU KNOW, 20 YEARS AGO HE SAID, OH, I'M GONNA PUT THE FENCE OVER HERE.
AND WHEN I WENT TO DO MY WORK FOUR YEARS AGO, I GOT THE SURVEY.
I WENT TO HIM THAT DAY WITH THE SURVEY TO INFORM HIM THAT IT WAS WRONG.
THAT DIDN'T HOLD OUT FOR YEARS THAT I WAS ON HIS PROPERTY.
HE'S JUST SAYING, AND AGAIN, THEY'RE JUST FABRICATING THINGS THAT WORK FOR THEM.
SO I'M JUST ASKING FOR THE SAME CONSIDERATION OF FOLLOWING THE RULES THAT I DID.
I WANT MY SETBACKS RESPECTED LIKE THEY WANTED.
AND THEY FORMALLY THANKED THE TOWN IN AN EMAIL FOR PROTECTING OUR SETBACKS WHEN, UH, YOU KNOW, I WAS NOT GRANTED THE VARIANCE.
YOU KNOW, SO THEY KNOW ALL ABOUT THE SETBACKS AND THERE'S NOTHING WRONG WITH GETTING INVOLVED WITH THE TOWN AND GETTING A PERMIT.
EVERYBODY, I, EVERY CONTRACTOR OR ARCHITECT OR CONSULTANT SAYS THAT GREENBERG IS ONE OF THE EASIER TOWNS TO WORK WITH.
WHEN I WASN'T GRANTING THE VARIANCE, I WAS TOLD BY THIS BOARD, YOU CAN FIND ANOTHER WAY TO DO IT.
SO HE'S GOTTA FIND ANOTHER WAY TO DO THESE THINGS.
ANYONE ELSE WANNA COMMENT? YES.
UM, I'D, I'D LIKE, UM, GARRETT TO PUT, HE SHOWED A LETTER BEFORE, AND IT WAS A LETTER OF PERMIT DENIAL.
THERE'S JUST SOMETHING SMALL I WANT TO POINT OUT.
AND I THINK THAT THIS IS SO CRITICAL AND SO IMPORTANT THAT I WAS ALWAYS CURIOUS.
BUT IF HE COULD PUT THAT LETTER UP CONCERNING THE PROPERTY LOCATION, 75 MAYFAIR WAY, UH, POINTS SOMETHING OUT TO YOU THAT'S CRITICAL.
UM, WHEN I GO TO THE ZONING BOARD, YOU KNOW, THERE'S A MILLION QUESTIONS.
THERE'S 40 PAGES THAT YOU HAVE TO FILL OUT.
AND THE MOST IMPORTANT QUESTION IS WHAT ZONE YOU'RE IN.
WHAT ZONE YOU IN? R 15? R 15 RESIDENTIAL.
BUT, UM, THE REST OF MY NEIGHBORS ARE, YOU KNOW, WE'RE IN AN R 15, R 20 AREA.
NOW IF YOU LOOK ON THIS, UM, APPLICATION OR, OR THE DENIAL LETTER, YOU'LL SEE THAT HE'S LISTED AS AN R 10.
THAT MEANT THAT HIS SIDE YARD ONLY HAD TO BE 12 FEET AWAY, AND HIS REAR YARD ONLY HAD TO BE 12 FEET AWAY.
BUT IN ACTUALITY, HE'S AN R 15.
I, I WOULD JUST LIKE SOMEBODY TO EXPLAIN THAT.
WHAT, WHAT DOES THAT HAVE TO DO WITH WHAT WE ARE DEALING WITH TONIGHT, SIR? WELL, WELL, VERY IMPORTANT.
[03:10:01]
WHAT HE DID, HIS GARAGE CLAIMED THAT HE WAS AN R 10.SIR, I'M CLAIMING THAT I'M AN R 15.
CAN I INTERRUPT TO DO WITH THE YEAH.
WHY DID IT SAY THAT? I'M, MAY I SPEAK E? YES.
MAY I SPEAK? UM, MY ORIGINAL ARCHITECT FOR THE VARIANCE MADE A MISTAKE AND HE WAS NO LONGER AVAILABLE.
I WENT THROUGH THE WHOLE VARIANCE PROCESS UNDER THE GUISE THAT IT WAS R 10.
IT WAS THE WILLIAMS WHO PICKED IT UP THAT IT WAS R 15.
SO I MOVED MY WHOLE GARAGE, ANOTHER TWO FEET AWAY.
'CAUSE IT WAS, IT WENT FROM 12 TO 14.
I'M IN COMPLIANCE, SO I DON'T KNOW WHAT THIS NONSENSE IS ALL ABOUT.
WE'RE NOT GONNA GET INTO, UH, AN ARGUMENT BETWEEN NEIGHBORS HERE.
WE HAVE TO DEAL WITH THIS VARIANCE, THE VARIANCES THAT YOU'RE REQUESTING, SIR.
WELL, MR. CHAIR, DO YOU SEE MY POINT, HOW IMPORTANT AND CRITICAL THAT WAS TO FOLLOW RULES? AND THE MOST IMPORTANT RULE IS YOUR SPACING.
AND HE SAYS HE MADE A MISTAKE.
YOU MAY BE HERE FOR THE SPACING.
WELL, I THOUGHT ZONING WAS SPACING.
IT IS A CODE THAT WE ARE HERE TO ENFORCE TO THE, UH, TO, TO THE BEST OF OUR ABILITY.
ONE, ONE OF THE, ONE OF THE OTHER THING THAT, THAT WE DO ENFORCE IS THE IMPERVIOUS SURFACE.
AND SINCE THE NEIGHBOR RAISED THE ISSUE WITH THAT, I JUST WANTED TO POINT OUT THAT THERE, THERE, THERE ARE NUMBERS ON THE, UM, ON THE PLAN THAT YOU CAN CALCULATE.
UM, I WAS JUST BEEN LOOKING AT IT.
UH, SO, BUT YOU COULD CERTAINLY TAKE A CLOSER LOOK AT IT.
BUT THE CALCULATION FOR THE IMPERVIOUS SURFACES THERE, IF YOU, IF YOU'RE INTERESTED AND, UM,
YOU HAVE TO SPEAK UP A LITTLE THOUGH.
THERE'S ONLY TWO VARIANCES BEING REQUESTED.
NOT THREE AS WAS, UH, SUGGESTED BY THE
ONE IS JUST INCREASING THE, THE NONCONFORMITY.
UM, UH, ANTHONY, CAN YOU, CAN YOU, UM, IF YOU HAVE A DEFINITION OF WHAT THE PATIO IS, UH, AND WHAT, WHY A GRAVEL MAY CONSIDER YOU HAVE TO SPEAK UP, ANTHONY, YOU HAVE TO TURN ON, TURN ON YOUR MIC.
WELL, WHEN THE BUILDING INSPECTOR HAD THIS APPLICATION BEFORE HIM, HE TOOK A LOOK AT IT.
AND IF YOU CREATE A GRAVEL AREA WHERE YOU'RE GONNA HAVE SOME TYPE OF GATHERING, WHERE YOU'RE GONNA PLACE SEED, YOU KNOW, SEEDING TO SIT, YOU KNOW, IT'S ONE NOW, BUT YOU KNOW, THE SIZE OF THE AREA.
HE HAD TO MAKE A DETERMINATION IF IT WAS GONNA BE PLANTED BED, IF YOU WERE PLANTED THAT WHOLE BED, THEN IT WOULDN'T BE A PATIO.
IT WOULD BE CONSTITUTED GRAVEL PLANTING BED.
SO IF THE WILLIAMS DECIDE THAT IT'S A PLANTING BED AND THEY WANT TO TAKE THE CHAIRS OFF IT AND PLANT THE WHOLE AREA COMPLETELY WITH, YOU KNOW, SHRUBBERY AND LANDSCAPING, THEN I'M SURE THE BUILDING INSPECTOR WOULD REVISIT HIS DETERMINATION AND DECIDE THAT IT WAS A PLANTING AREA, NOT REQUIRING A 10 FOOT SETBACK.
LOOKING AT IT, THE PLAN SUBMITTED WERE LABELED PATIO ALSO.
CAN I JUST CLEAR SOMETHING UP QUICKLY? IF YOU LOOK AT THE, IF YOU LOOK AT THE, IF YOU LOOK AT THE DEFINITIONS OF A PATIO, GRAVEL IS INCLUDED IN THE DEFINITIONS.
THAT SO THIS WAY THAT CLEARS THAT MATTER UP, THAT PATIOS, IF THEY'RE MADE OF GRAVEL, THEY'RE, IT'S INCLUDED AS A PATIO.
AND IT, AND, AND THE GRAVEL ALSO WILL COUNT AS PART OF THE IMPERVIOUS SURFACE IS, AM I, AM I CORRECT? YES.
AND THE, THE ARCHITECT HAD, UH, HAD DONE THAT CALCULATION FOR US.
THE WORD FLAT IN DEFINITIONS, IT'S NOT A HARD SURFACE.
IT'S NOT FLAT, AND IT COULD NEVER BE FLAT.
SO, YOU KNOW, THEY'RE ROUND STONES ALWAYS IN MOTION.
AND, YOU KNOW, THAT WAS OUR INTENTION AND THAT WAS OUR POINT.
YOU KNOW, JUST A DECORATIVE TYPE OF STONE, NOT A REAL GRAVEL.
THEY SAY IF YOU LOOK UP GRAVEL, GRAVEL HAS POINTS.
THERE'S TRIANGLES, THERE'S SQUARES, THERE'S FLAT SIDES.
YOU COULD TAMP THAT, AND IT WILL REMAIN A HARD SURFACE.
[03:15:01]
COULD WALK ON IT, MAYBE A COUPLE OF PIECES WILL GET DISTURBED HERE AND THERE.BUT THESE PEE PEBBLES, YOU CAN'T MAKE THEM FLAT.
AND THEY ACTUALLY ABSORB WATER.
OKAY? YOU EVER GO TO THE BEACH AND SEE THE WATER GO ON THE BEACH AND, YOU KNOW, IT CHANGES COLOR.
IT WAS, IT WAS CLEARED BY STORM, UH, WETLANDS.
THEY HAD NO PROBLEM WITH STORM WATER.
AND BY THE WAY, I DIDN'T GET, BECAUSE OF THE EXPENSES OF, OF, UM, PUTTING ON A COPPER.
SO MY INTENTION WAS I WILL HAVE GUTTERS BACK.
THERE'S, BUT THERES NOT A PROBLEM.
BUT THERE'S NOT A, IS THERE ANYTHING, EXCUSE ME.
WHO'S SPEAKING? UH, KATHY FIORELLI, WHO LIVES RIGHT WEST OF THE PROPERTY.
THEY KNEW ABOUT THE VARIANCES.
THEY MADE THEIR, YOU KNOW, THEY RECEIVED THEIR OWN VARIANCE BACK IN 2004.
THEY WERE HIGHLY OBJECTIVE TO OURS IN 2017.
THIS IS MANIPULATION AND DISINGENUOUS.
SO MUCH SO THAT THEY STILL WEREN'T WILLING TO DO ANYTHING UNTIL THEY GOT VIOLATIONS, SUMMONSES.
AND NOW THEY'RE IN COURT BECAUSE OF THEIR DEFIANCE OF THE SETBACKS.
THEIR HOME HUBS OVER MY PROPERTY WITH NO PRIVACY WHATSOEVER.
THEY DON'T EVEN LIKE TO SEE THE CARS ON OUR DRIVEWAY.
BUT YET, ALLS THEY TALK ABOUT IS BEAUTIFICATION NEIGHBORS.
I HAD FOUR NEIGHBORS AND THEIR NEIGHBOR NEXT DOOR CALL ME WHEN THEY GOT THE LETTER.
THEY'RE INTIMIDATED AND SCARED OF THE WILLIAMS TO COME FORWARD BECAUSE THE VIOLENCE THAT MR. WILLIAMS HAS DISPLAYED TO MANY NEIGHBORS IN THE NEIGHBORHOOD.
SO ALL OF THOSE THINGS ARE VERY UNTRUE.
AND IT'S VERY DIFFICULT FOR ME TO SPEAK 'CAUSE TALK ABOUT PUBLIC ENEMY NUMBER ONE.
THEY HAVE TERRORIZED ME AND MY FAMILY AND MANY OF THE SURROUNDING NEIGHBORS.
THEY THINK EVERYTHING IS ABOUT BEAUTIFYING.
THAT'S ALL AN OPINION, NOT A FACT.
I WOULD LIKE THEM TO ABIDE BY THE SAME RULES AND THE CODES THAT EVERYONE ELSE DOES.
LIKE MY HUSBAND SAID, GREENBERG WAS RIGHT.
YOU, YOU KNOW, YOU MADE US, WE MADE A PLAN.
HEARING NO FURTHER COMMENTS, WE ARE GOING TO ADJOURN FOR OUR DELIBERATIONS AND WE WILL RETURN.
KEEP IN MIND, YOU ARE ABLE TO LISTEN TO OUR DELIBERATIONS, BUT NOT DISCUSS ANYTHING OR COMMENT AT THAT TIME.
ARE WE ADJOURNED, MADAM CHAIR? YES.
CAN WE TAKE WHAT? TAKE MINUTES.
SO, UM, LET'S JUST GO DOWN THE AGENDA STARTING WITH, UM, 2103 AND 2104 COMMENTS, PLEASE.
I AM DISAPPOINTED THAT, UM, MR. RETTA DOES NOT WANNA WAIT FOR, LEMME INTERRUPT YOU.
IS THERE ANY WAY TO TURN YOUR MIC UP A LITTLE BIT? YOU ARE LIKE IN THE BACKGROUND.
I KNOW YOU HAVE, YOU'RE SOFT SPOKEN, BUT TONIGHT IT'S BEEN DIFFICULT.
I HAVE TO ADJUST MY MICROPHONE.
LET LET SOMEBODY ELSE SPEAK WHILE I DO THAT.
WELL, WHEN YOU'VE BEEN, WHEN YOU'VE BEND
UM, I'M, I'M DISAPPOINTED THAT THE, UM,
[03:20:02]
THAT MR. SHERETTA DOES NOT WANT TO WAIT FOR THE, UM, FOR THE, UH, THE NEW LOCAL, UH, LAW TO COME INTO PLAY.UM, AND BASICALLY WISHES TO FORCE OUR HANDS, OUR HAND IN, UM, MAKING A DECISION.
SO, UM, I'M, I'M READY TO MAKE A DECISION.
ANY OTHER COMMENTS BEFORE WE DO THAT? DIANE? ANYTHING? NO, I WAS JUST GONNA SAY, I TOTALLY AGREE WITH LOU.
ALL, WELL, APPARENTLY EVERYONE SEEMS TO BE ROWAN, DO YOU WANNA ADD ANYTHING? I GUESS THAT WAS A NO.
YOU ALL RIGHT? WILLIAM? YOU ARE MUTED.
HE'S NOT MUTED, BUT WE CAN'T HEAR HIM.
OH, MS. FOOL, CAN YOU HEAR ME NOW? NOW WE CAN HEAR YOU.
I GUESS I'M GONNA CONCUR WITH EVERYONE ELSE.
UM, IN TERMS OF WHAT THE FINDINGS HAVE BEEN THUS FAR, AT LEAST WHAT'S BEEN PRESENTED.
SO WHAT ARE WE VOTING ON SPECIFICALLY? WELL, WE'RE VOTING ON TWO DIFFERENT MATTERS, UM, TO JUST, I THINK, UM, RECAP WHERE WE WERE PREVIOUSLY.
THE QUESTION IS TAKING THE TWO, THE TWO APPLICATIONS SEPARATELY.
UM, THE ISSUE RAISED BY MR. SERRETO IS WHETHER OR NOT THE TOWN PLANNING BOARD, UH, WAS, WAS TIMELY.
AND SO, UM, IF WE, WELL, THERE'S DIFFERENT WAYS TO LOOK AT IT.
TECHNICALLY, IT IS AN APPEAL FROM A DECISION BY THE BUILDING DEPARTMENT, BY THE BUILDING INSPECTOR, I SHOULD SAY.
SO THEREFORE, IF WE WERE TO GRANT THE APPLICATION, UM, THE ISSUE OF STANDING COMES, UH, NOT STANDING.
THE ISSUE OF TIMELINESS COMES UP AS TO WHETHER WE EVEN, WE BE ABLE TO CONSIDER THE APPLICATION.
SO THEREFORE, UM, THAT'S WHAT COMES INTO PLAY WITH 2103, IF I'M CORRECT, WITH 2104.
UM, THE, UH, PRIOR DISCUSSIONS WE'VE HAD, UH, RELATE TO STANDING WITH RESPECT TO THE GREENBERG, THE COUNCIL OF, OF GREENBERG CIVIC ASSOCIATIONS WITH RESPECT TO THIS APPLICATION.
SO, HOWEVER, IF WE DECIDE THAT, UM, BILL, THE DECISION MADE BY THE BUILDING INSPECTOR, UM, WE, WE ARE NOT IN AGREEMENT WITH, THEN THAT WOULD BE, THAT WOULD DETERMINE THE OUTCOME OF OUR DECISION WITH RESPECT, UH, TO THE APPLICATION.
BECAUSE AS YOU, AS YOU KNOW, THE BILLING INSPECTOR DID NOT HAVE AN ISSUE ACCORDING TO, UM, WHAT WE'VE BEEN TOLD WITH RESPECT TO THE APPLICATION MADE BY THE BEST SYSTEM.
SO ARE WE IN, IN ACCORD WITH, DO, IS THERE ANY REASON FOR US TO, UM, OVERRULE WHAT THE BUILDING INSPECTOR HAS DETERMINED OR DO WE, UM, OR NOT? WELL, FROM WHAT I'VE HEARD FROM THE PLANNING BOARD, I KIND OF BELIEVE THAT, UM, THEY ARE STILL TIMELY.
UM, AND SO I, I DON'T BELIEVE THAT, UH, WHAT THEY'RE REQUESTING SHOULD BE OVERLOOKED.
UM, I ALSO BELIEVE THAT THE, UH, BUILDING INSPECTOR, UM, SHOULD NOT HAVE RENDERED AN OPINION IN THIS, IN THIS PARTICULAR INSTANCE.
[03:25:01]
SHOULD NOT UPHOLD WHAT THE BUILDING INSPECTOR'S OPINION WAS.TAIL ON WHAT? TRUE FOR, UH, 2104 AS WELL.
UH, IF I CANNOT HOLD JUST ON 2103, UH, I RESERVE 2104 FOR THE MOMENT THAT IF THE TOWN BOARD IS IN THE PROCESS, I JUST WANNA KNOW WHAT OUR, UM, LATITUDE WOULD BE AND POSTPONE IN ANY TYPE OF DECISION UNTIL THE TOWN BOARD HAS NOW, UH, FORMALLY DEVELOPED WHAT THIS POSITIONS GONNA BE.
YOU CAN HEAR ME, WILLIAM, WE LOST YOU.
WHAT I WAS SAYING IS THE FOLLOWING IS I WOULD LIKE TO KNOW WHAT OUR LATITUDE EDISON CAN SPEECHES, WHAT OUR LATITUDE WOULD BE AND POSTPONING ANY DECISION UNTIL THE SUCH TIME THAT THE TOWN BOARD, SINCE THEY ARE IN THE PROCESS OF REVISING THE LAW AS IT RELATES TO THIS, TO THEN MAKE A RULING BASED ON WHAT THE LAW IS AT THAT TIME.
SO IF I'M FOLLOWING YOU, YOU WOULD SAY THAT WE REALLY COULDN'T ADDRESS, UM, WELL, LET ME, I GUESS I SHOULD REPHRASE THAT.
AND WE'RE JUST DEALING WITH 21 0 3, 21 0 3 FOR THE MOMENT.
SO YOU'RE SAYING THAT WE SHOULD NOT MAKE A DETERMINATION WITH RESPECT TO THE, THE, UH, BEST FACILITY BECAUSE IT'S IN THE, THE TOWN BOARD IS IN THE PROCESS OF RE OF, UH, PROPOSING, UH, A LAW THAT WOULD COVER IT, OR EXACTLY WHAT IS THAT WOULD, RIGHT.
WOULD ENCOMPASS SAID USE, WHY SHOULD THAT PREVENT US FROM MAKING A DECISION NOW? SO HOW WOULD MAKING A DECISION AFFECT IT? DEPENDING ON WHICH WAY THE DECISION WENT? GIVE US THE PROS AND THE CONS, THEN YOU'RE ASKING ME THAT QUESTION.
I'M ASKING, ASKING BECAUSE THAT'S, HE BROUGHT IT UP.
I THOUGHT WILLIAM WAS THE ONE BROUGHT IT UP.
AND HE'S TALKING AGAIN AND WE DON'T HEAR HIM.
THE BUILDING INSPECTOR HAS MADE A DETERMINATION, AND WE'RE IN A POSITION NOW TO OVERRULE THE BUILDING INSPECTOR'S DETERMINATION BASED ON THE FACT THAT, MY PERSONAL OPINION IS, IS THAT IT IS NOT COVERED IN ANY SET OF CIRCUMSTANCE UNDER THE, THE CURRENT WRITING OF THE LAW.
SO TO ME, I WOULD RATHER HAVE CLARITY AS TO WHAT WE'RE SAYING BECAUSE THINGS DO CHANGE.
UM, AS WE'VE NOTED WITH MANY OF OUR NEIGHBORHOODS THAT THEY WEREN'T DESIGNED, THEY WERE FOR THE AMOUNT OF TRAFFIC THAT RESIDES ON MANY OF OUR STREETS AT THIS POINT, THAT BACK DURING THE FORTIES AND THIRTIES, THERE WAS ONE CAR TO A HOUSEHOLD, IF ANY.
AND NOW IN ONE CASE, YOU HEAR THE PERSON HAS EIGHT CARS, YOU KNOW, SO THINGS DO CHANGE.
AND, YOU KNOW, I THINK THE BOARD AS WELL AS THE ZONING BOARD, WE'VE BEEN VERY, UM, DILIGENT, UM, IN OUR DELIBERATIONS OVER THE YEARS, AT LEAST THAT I'VE BEEN ON THE BOARD TO TRY TO ADDRESS THE NEW NEEDS AS THEY COME UP.
SO IN THIS PARTICULAR CASE, THIS IS A NEW TECHNOLOGY, A NEW THOUGHT, UM, AND THE BUILDING THIS INSPECTOR MADE A DETERMINATION, UM, THAT I DON'T BELIEVE WAS ACCURATE BECAUSE IT DOES NOT ENCOMPASS THIS PARTICULAR STRUCTURE.
SO I WOULD BE CURIOUS IN THIS PARTICULAR CASE, TO FIND OUT WHAT THE BOARDS OR, OR AS THESE GROUPS COME TOGETHER TO DISCUSS WHAT THE NEW DETERMINATION SHOULD BE THAT WE NOW FALL WITHIN THAT IF IT'S FORTHCOMING, IF IT'S A YEAR OR IF IT'S TWO YEARS FROM NOW, THAT'S A DIFFERENT STORY.
BUT FROM WHAT I'VE HEARD TODAY WAS THAT IT'S SOMETHING THAT IS ON THE TABLE TO COME FORTH RELATIVELY SOON.
SO YOU WOULD WANT TO, IF YOU COULD HOLD SOMETHING, HOLD OUR DECISION IN ADVANCE, IS THAT WHAT YOU'RE SAYING? THAT'S WHAT I'M SAYING.
I JUST WANTED TO GET IT STRAIGHT.
WELL, LET, LET ME, UH, LET ME ANSWER THAT.
WILLIAM UH, EAGLE HAS SUBMITTED AN APPLICATION, OKAY? OKAY.
THEY SUBMITTED IT UNDER THE EXISTING LAW.
WE DON'T KNOW AT THIS POINT FOR SURE WHEN THIS LAW WILL BE ENACTED.
YOU MAY RECALL THAT MR. BERNSTEIN AT THE LAST HEARING SAID, WELL, YOU DON'T KNOW HOW LONG THIS IS GONNA TAKE.
THIS IS JUST THE, THE BEGINNING OF THE PROCESS.
I DON'T NECESSARILY AGREE WITH THAT, BUT THAT'S A POSSIBILITY.
SO IT WOULD NOT, UH, IT WOULD BE ONE THING IF THE APPLICANT EAGLE OR THE PROPOSAL AGREED TO POSTPONE IT.
BUT FOR US, FOR THE US ON BEHALF OF THE TOWN AS THE TOWN, TO DELAY, RENDERING A DECISION
[03:30:01]
UNTIL THE LAW CHANGES, THAT MIGHT NOT BE LOOKED UPON WITH GREAT FAVOR BY A COURT, BECAUSE THEY WOULD SAY, BECAUSE, BECAUSE, UH, EAGLE WILL PROBABLY SAY THAT THEY HAVE A RIGHT TO HAVE AN, A DECISION MADE UNDER THE LAW WHEN THEY FILED THEIR APPLICATION.AND FOR US TO DELAY IT IN THE HOPES THAT ANOTHER BOARD CHANGES THE LAW, UH, TO THEIR DETRIMENT, UH, THAT MIGHT NOT BE LOOKED AT WITH GREAT.
THAT AS A MATTER OF OF FACT, THE COURT COULD SAY THAT THAT WAS DONE IN, IN BAD FAITH, YOU'RE ACTING IN BAD FAITH.
SO THAT'S MY ANSWER TO, UH, TO THAT ISSUE.
THAT SAID, YOU HAVE UNDER LAW 60 DAYS FROM THE DATE THAT THE HEARING IS CLOSED TO RENDER YOUR DECISION.
SO WE WERE BEING SET UP ED? NO, I DON'T THINK.
SO I THINK WE CAN GO EITHER WAY.
I THINK WE SHOULD BE ABLE TO RENDER A DECISION BASED ON THE FACT THAT THE, UH, BUILDING INSPECTOR'S OPINION WAS BASED UPON THE CURRENT, UH, ZONING ORDINANCE AS IT EXISTS TODAY.
THAT'S WHAT WE SHOULD BE FACING OUR DECISION ON.
WHAT HAPPENS IN THE FUTURE IS, YOU KNOW, HAS NOTHING TO DO WITH OUR DECISION TODAY OR WHENEVER.
SO I THINK THAT, UM, YOU KNOW, WE HAVE TO DECIDE WHETHER OR NOT THE BILLING INSPECTOR STATING THAT THERE WERE NO AREA VARIANCES REQUIRED FOR THIS, UH, P E S S.
UM, WHEREAS WHAT WE REALLY SHOULD BE LOOKING AT IS WHETHER THERE IS A USE VARIANCE REQUIRED.
UH, I THINK THAT'S WHAT WE SHOULD BE DECIDING ON.
LET THE LAW COME INTO PLAY WHEN IT DOES, AND THEN LET THE APPLICANT, UH, COME BEFORE THE TOWN BOARD OR THE PLANNING BOARD WHEN THAT NEW LAW HAS BEEN ENACTED.
AND NOBODY HAS TO RESPOND ALL AT ONCE.
I'M SURPRISED YOU DON'T HAVE A COMMENT.
I'M WAITING TO HEAR FROM CHRISTIE.
I, UM, THE ONLY, I'M HUNG UP FOR SOME REASON ON THE WHOLE PROCESS OF THIS, I GUESS MAYBE BECAUSE I WORK FOR ANOTHER MUNICIPALITY, BUT LIKE, THAT'S WHAT I WANT TO HEAR FROM YOU,
THERE ARE NO AREA VARIANCES REQUIRED.
THERE ARE NO, THIS IS A SPECIAL PERMIT.
SO REALLY, LIKE, LIKE WHERE I COME FROM, LIKE THEY WERE, THE, THE DETERMINATION WOULD BE OKAY, THERE NEEDS TO BE, THIS IS A SPECIAL PERMIT.
IT REQUIRES A SPECIAL PERMIT, AND IN THIS CASE IT'S FROM THE TOWN BOARD.
SO ALL OF THIS HASHING OUT OF WHETHER OR NOT THIS USE CAN BE PERMITTED VIA THE SPECIAL PERMIT, IT'S NOT STILL JUST NOT SURE WHY IT'S NOT BEING HASHED OUT IN FRONT OF THE TOWN BOARD, BUT I I UNDERSTAND IT'S NOT, WE'RE HERE.
SO, UM, IN MY OPINION, IT IT DOES NOT THIS FACILITY, I WOULD AGREE THAT IT SEEMS MORE SOMETHING THAT WOULD BE EXCLUDED THAN INCLUDED AS BEING, YOU KNOW, UNDER THE DEFINITION OF A PUBLIC UTILITY.
I DON'T THINK IT FALLS UNDER THAT DEFINITION, UM, OF A PUBLIC UTILITY BASED ON OUR CODE.
UM, YOU KNOW, THE TIMELINESS OF IT, YOU KNOW, I, I'M A LITTLE HUNG UP ON THE TIMELINESS, BUT I REALLY THINK THAT MAYBE THAT THE PLANNING BOARD, I MEAN, WHEN THEY FIRST GOT THIS, THEY DIDN'T KNOW THAT THAT A SPECIAL PERMIT WAS REQUIRED UNTIL GARRETT SAID THAT THERE WAS A SPECIAL PERMIT REQUIRED.
SO, I MEAN, QUITE FRANKLY, WHEN THIS CAME TO THE PLANNING BOARD, THEY WEREN'T REALLY ASKED TO OPINE ON THE SPECIAL PERMIT.
THEY'RE ASKED TO OPINE ON THE SITE PLAN APPLICATION.
THE SPECIAL PERMIT IS FOR THE TOWN BOARD.
SO I, I, I JUST, THAT'S SORT OF WHAT I'M HUNG UP WITH THIS WHOLE THING PROCEDURALLY.
UM, BUT, YOU KNOW, FROM A PRACTICAL STANDPOINT, I, I DON'T THINK IT, IT'S A PUBLIC, UH, UTILITY WHETHER OR NOT IT'S
[03:35:01]
THE OTHER ONE, THE ENERGY, I, I DON'T REALLY KNOWUM, BUT NO, I WOULD SAY IN TERMS OF IT BEING A, UM, WHAT WAS IT, A PUBLIC UTILITY STRUCTURE? I DON'T EVEN REMEMBER NOW.
UM, ELECTRICAL SUBSTATION, IF IT'S AN ELECTRICAL SUBSTATION OR A STORE, OH, PUBLIC UTILITY STRUCTURE.
I WOULD SAY NO BA BASED ON OUR CODE, THAT DEFINITION, I, I DON'T THINK IT IS.
I THINK IT'S MUCH BIGGER THAN THAT.
IT FALLS UNDER SOME OF THOSE THINGS THAT ARE EXCLUDED, SUCH AS, UH, STORAGE YARDS AND THAT KIND OF THING.
I WOULD SAY THAT THIS IS DEFINITELY THAT AND WOULD BE EXCLUDED FROM THIS AND THEREFORE NOT PERMITTED.
WHICH THERE WERE TWO EXCLUSIONS FROM THE TERM.
UH, UH, WELL, IT SAYS, IS THIS A FACILITY? IS IT A, IS THIS WHAT THEY'RE BUILDING A PUBLIC UTILITY STRUCTURE? RIGHT.
AND THE, THE TWO, THE ONLY TWO EXPLICIT EXCLUSIONS, OR IF YOU FIND IT'S A STORAGE YARD OR AN ELECTRICAL SUBSTATION, I'D GO FOR STORAGE YARD.
IT'S MORE OF THAT, TO ME, THIS, GIVEN WHAT IT LOOKS LIKE BASED ON THE PICTURES, IT IS A LARGE STORAGE YARD OF BATTERIES OR WHATEVER THEY'RE STORING THERE.
IF YOU WANNA SEE WHAT AN ELECTRICAL SUBSTATION LOOKS LIKE, JUST GO NEXT DOOR TO BED, BATH AND BEYOND
AND WHAT, WHAT DOES A, WHAT DOES A GARAGE OR STORY YARD STORAGE YARD LOOK LIKE? OR A UTILITY BUSINESS OFFICE? YOU'RE ASKING ME? NO, ANYBODY.
I'M JUST, I KNOW SINCE LOU, LOU JUST TOLD US WHAT LOU JUST TOLD US, WHEN ELECTRIC SUBSTATION IS, SINCE I PASSED THERE BY BED BATH AND BEYOND, I, I GET IT.
UH, THE GRID IS OVER HERE BY ME, BUT I DON'T KNOW WHAT A GARAGE STORAGE YARD IS.
SO I, I TAKE THE SAME POSITION WITH YOU, CHRISTIE, THAT IT, YOU KNOW, I DON'T SEE ANY WAY THE CODE WOULD INCLUDE THIS AS A PUBLIC UTILITY, UH, EVEN CONTEMPLATED THAT SINCE THIS NEW TECHNOLOGY EMERGING.
UM, BUT GOING BACK TO THE TIMELINESS, I FIND THAT THE PLANNING BOARD IS TIMELY.
UM, UM, YOU KNOW, I BUY THEIR ARGUMENT AND, UH, I WOULDN'T, I WOULD ENTERTAIN THEIR APPLICATION.
THE AREA THAT, THAT THE BUILDING INSPECTOR SAID, UH, MISINTERPRETED AS AN AREA VARIANCE PETITION, WHILE IT'S A USE VARIANCE OR A SPECIAL PERMIT, UM, REMEMBER THAT WASN'T THE, UH, BUILDING INSPECTOR WHO SAID THAT THAT WAS STAFF.
WHAT THE BUILDING INSPECTOR SAID.
NEVERTHELESS, NEVERTHELESS, THAT'S THE ONLY THE PLANNING BOARD SAW.
AND I WOULD GET TO THE MERIT OF IT.
AND, UM, I JUST DON'T SEE THIS, IT'S NOT CERTAINLY PERMITTED UNDER OUR CODE AS IT IS EXISTING.
UM, O OTHERWISE, WE, THE, THE, WELL, WE'LL SEE WHAT THE NEW LAW HOLDS, BUT I, I DON'T FIND THAT IT'S PERMITTED UNDER THE CODE, SO THEREFORE I FIND IT AS PROHIBITED.
UM, AND WHAT I FIND IS THAT WHAT THIS HAS TRULY BROUGHT TO LIGHT IS HOW BIG A HOLE THE TOWN OF GREENBURG HAS IN LAWS CONCERNING THIS NEW TECHNOLOGY.
AND I'M GLAD THAT THIS HAS COME UP SO THAT IT IS BASICALLY A, CREATING AN IMPETUS TO GET THE TOWN TO ENACT LAWS THAT ARE GOING TO MAKE SENSE.
THAT'S THE BIGGEST THING THAT I GET OUT OF THIS.
I DON'T THINK WE'D FOR, I DON'T THINK THEY FORESEE THIS LOU WHEN THEY ENACTED THIS, YOU KNOW, 'CAUSE IT'S SO CREATIVE AND COMING IN, IT'S, IT'S NOT GOING TO THE CONSUMER.
UM, AND I DON'T THINK THE, THE TOWN WHEN THEY DRAFTED THAT CODE WOULD'VE FORESEE THIS.
IT'S NO DIFFERENT THAN ANY OTHER KIND OF TECHNOLOGY.
IT'S, IT'S, UM, EVOLVING FASTER THAN YOU CAN BLINK YOUR EYE.
BUT WE NOW HAVE, NO ONE HERE IS SAYING ANYTHING, UH, NEGATIVE ABOUT THE TECHNOLOGY, ABOUT THE BATTERY STORAGE, ABOUT WIND OR, UM, OTHER METHODS OF, UM, CREATING ELECTRICITY.
IT'S JUST HOW DO YOU FIT IT INTO THE TOWN'S CODES? RIGHT.
AND IT JUST NEVER WAS THOUGHT OF BEFORE.
AND I THINK IT HAS BROUGHT IT TO THE SURFACE TO A POINT NOW WHERE IT HAS TO BE, UH, DETERMINED.
BUT I, I THINK THAT THE, UH, BUILDING INSPECTOR'S, UH, OPINION, UH, WAS NOT THE RIGHT ONE.
[03:40:01]
AGREE.SO I WILL, UM, I CONCUR WITH EVERYTHING PRETTY MUCH EVERYBODY SAID, UM, AROUND, UH, IF IT'S COVERED.
I THINK WHAT'S IMPORTANT HERE ALSO IS NOT JUST WHAT IT IS THAT THEY WANNA BUILD, BUT WHO IT IS.
WHEN I READ SECTION 2 85, IT TALKS ABOUT THE WHO, AND YOU HAVE TO DELIVER ENERGY DIRECTLY TO CUSTOMERS AND THEY JUST DON'T MM-HMM.
I THINK THAT'S SOMETHING WE NEED TO POTENTIALLY REDEFINE EXACTLY WHAT IS UTILITY.
SO THAT'S WHY, UM, I DON'T THINK IT'S COVERED UNDER THIS.
AND AS FOR TIMELINESS, I KIND OF, UM, WENT BACK AND FORTH, UM, BECAUSE IT WAS A DELAY FROM THE ORIGINAL, UM, UH, ASSESSMENT THAT WAS MADE BY THE BUILDING INSPECTOR.
BUT, YOU KNOW, WHEN I HEAR FROM THE PLANNING BOARD AND WHEN THEY ACTUALLY FOUND OUT I'VE, AND, AND WHEN THEY TOOK ACTION, IT APPEARS TO ME, AND I'M GONNA TAKE THEM AT THEIR WORD THAT IT WAS TIMELY.
SO I WOULD AGREE PRETTY MUCH WITH WHAT EVERYBODY ELSE SAID.
I, I DON'T HAVE ANY NEGATIVE COMMENTS ON EVERYTHING THAT HAS BEEN SAID TONIGHT.
ARE WE GONNA, WHAT ARE WE GONNA DO WITH 2104? WHAT'S THE DIFFERENCE BETWEEN 2103 AND 2104? BECAUSE THERE WAS AN ISSUE RAISED OF, UM, STANDING WITH RESPECT TO 2104.
THE QUESTION IS, DID THEY HAVE STANDING TO, TO MAKE THIS APPLICATION? DIDN'T WE THINK NO.
I THINK MY CONCERNS ON THIS WERE AROUND STANDING THAT THE PERSON, YOU KNOW, THAT THEY, UM, THAT WAS WITHIN THAT, UH, FOOTAGE WAS NOT ACTUALLY BELONGED TO THE C G A AND THE LOCAL COMMUNITY GROUP, I THINK WE FOUND THAT IS IN THAT AREA ALSO ISN'T A MEMBER OF THE C G A.
SO I, UM, HAVE SOME QUESTIONS IN MY HEAD AROUND STANDING.
HOW DID WE EVER RESOLVE THE PRIOR CASE WITH THE, UM, CIVIC ASSOCIATION? I KNOW I HEARD THE TESTIMONY.
I KNOW I HEARD THE TESTIMONY FROM BOTH, UM, THE, UH, UH, WITH THE, WITH THE TOWN.
RIGHT? WITH THE TOWN BOARD BACK IN, I GUESS 20, 20 19, WHERE THE COURT FOUND THAT, UH, THE CG CA, UH, LACK STANDING EVE.
'CAUSE I DID ASK IT AND, AND, AND I DID GET THE EXPLANATION FROM BOTH COUNSEL, BUT I KNOW BACK THEN I WAS OF THE, UM, THE OPINION ALSO THAT THEY DIDN'T, THEY DIDN'T HAVE STANDING BASED ON THAT CASE UNLESS SOMETHING TRANSPIRED THAT, YOU KNOW, I MISSED.
BUT I WAS OF THAT OPINION, CHRISTIE, UH, DIDN'T, WE HAD LIKE A VERY, LIKE THE DEFINITION OF STANDING AND IS, YOU KNOW, I DON'T REMEMBER EXACTLY, BUT YOU CAN'T, UNLESS IT AFFECTS YES.
YOU, THAT'S JUST BRIEF PARTY, YOU KNOW, ANY MORE THAN ANYONE ELSE.
BUT SOME OF US NO, YOU, YOU'RE SOMETHING LIKE AGREE RIGHT ON POINT.
SO WHAT DOES THAT HAVE TO DO WITH, UM, THE DECISION FOR 2104? WELL, IF YOU DON'T HAVE STANDING, THEN YOU CAN'T APPEAL.
WELL, WE GAVE THE PLANNING BOARD TIMELINESS AND STANDING AND WE AGREE WITH THEIR, RIGHT.
SO THE END RESULT IS STILL THE SAME.
THAT WE, ONE CASE WE'RE GOOD WITH AND ONE WE'RE NOT GONNA EVEN GET TO THE MERIT OF
[03:45:01]
THEY CAN'T GET IN THE DOOR.BUT, BUT WE STILL HAVE TO HAVE DECISIONS ON BOTH.
BUT IF, BUT IF WE, IF WE, OUR DECISION ON 2104 WOULD BE THAT WE'RE DENYING THE APPEAL FOR LACK OF STANDING, RIGHT? MM-HMM.
TOMORROW WHEN YOU'VE HAD A CHANCE TO, UH, FORGET ABOUT THIS MEETING AND YOU SEE THE NEWS ABOUT TODAY, OBAMACARE.
OBAMACARE IS THE SAME THING TODAY.
I JUST SEE THE NEWS, OBVIOUSLY.
SO THEY'RE THREE AND OH NOW STARTED AT FIVE AND FOUR, THEN I THINK THEY WENT TO SIX AND THREE AND NOW THEY'RE AT SEVEN AND TWO.
THE POINT WAS THE COURT OF THE SUPREME COURT SAID THAT NO, NOTWITHSTANDING THE MERITS, WHETHER THEY AGREE OR DISAGREE, THE UH, STATE OF TEXAS AND WHATEVER THE OTHER STATE THAT BROUGHT IT DIDN'T HAVE STANDING AND THEREFORE THE CASE WAS DISMISSED.
THAT'S YOUR TICKET OF ADMISSION.
WILLIAM, DO YOU WANNA OPINE ON 2104? THAT'S
I TOOK PAUSE ON THIS FROM BEFORE.
UM, 'CAUSE I'M SLIGHTLY TORN WITH THE WHOLE STANDING ISSUE IN AS MUCH AS I THINK I HAD MENTIONED TO FOLKS HOW I, HOW I FIRST MET ELLA PRIZE.
AND SOMEONE IN MY NEIGHBORHOOD WHEN I WAS STILL LIVING AT MY MOM'S HOUSE WAS TALKING ABOUT PUTTING IN A, UH, KITCHEN.
SO MY MOTHER SAID, WELL, LET'S JUST GO UP HERE AND SEE, 'CAUSE WE'VE GOT THE NOTICE OF HEARING.
LET'S GO AND SEE WHAT THIS IS ABOUT.
WE DIDN'T HAVE A POSITION ONE WAY OR OTHER.
'CAUSE WE REALLY DIDN'T CARE ONE WAY OR THE OTHER.
WE DIDN'T REALLY UNDERSTAND IT.
BUT I REMEMBER BEFORE ANYONE SPOKE, THE FIRST PERSON TO JUMP UP WAS ELLA PRIZE.
I DIDN'T KNOW WHO SHE WAS,
AND I REMEMBER WHEN I FIRST MET HER, WHEN I WAS WORKING FOR THE TOWN AT ONE POINT, I TOLD HER THAT STORY.
SHE LAUGHED AND SHE SAID, I THINK I VAGUELY REMEMBER.
'CAUSE I'M SURE THERE WAS A MILLION CASES LIKE THAT, THAT SHE HAD STOOD UP FOR.
SO IN THIS CASE, WE ARE SAYING THAT A CIVIC ASSOCIATION WHO MAY HAVE A SIMILAR R VALUE TO THEIR HOMES ARE PETITIONING A RULING ON SOMETHING THAT COULD POTENTIALLY IMPACT THE NEIGHBORHOOD.
NOW, ALTHOUGH THEY DON'T LIVE NECESSARILY IN THE NORWOOD COUNTRY CLUB ESTATE, THEY DO HAVE, THEY LIVE IN AN R 30.
SO I'M A LITTLE AMBIVALENT WITH WHETHER OR NOT THEY ACTUALLY HAVE STANDING OR NOT.
BECAUSE THE STAT RULING, OUR RULING OF ALLOWING SAID ZONING TO GO THROUGH COULD POTENTIALLY IMPACT THEM AS WELL.
AND WHAT THEY'RE SAYING FROM THEIR SIDE OF TOWN OR WHEREVER THEY MAY BE COMING FROM, IS THAT THIS IS NOT SOMETHING WE WOULD WANT IN OUR NEIGHBORHOOD.
WHEN IT GETS TO THEIR NEIGHBORHOOD, WE'LL DEAL WITH IT.
'CAUSE IT'LL BE IN THEIR, IT'LL BE IN THEIR ZONE OF DANGER.
SO NOW IT'S NOT, AND SOMEONE FROM OVER THERE, IF THEY CAME BEFORE US, THEN WOULD LOOK AT IT DIFFERENTLY.
THAT'S, UH, THAT'S WHY, THAT'S WHY.
WELL, SO LIKE I SAID, I, I, I, I, I WAS A LITTLE AMBIENT.
THAT'S WHY I REALLY JUST ONLY WANTED TO DEAL WITH INITIALLY 2103.
I, I UNDERSTAND THAT THEIR, UM, CONCERNS AND, YOU KNOW, DULY NOTED WHAT EVERYONE ELSE SAID.
I, I CAN CONCUR WITH THAT AS WELL.
BUT I CAN SAID I WAS AMBIVALENT, UM, IN THAT PARTICULAR CASE.
WE, UM, WE DO HAVE TO GO INTO EXECUTIVE SESSION ON A CASE THAT IS NOT BEFORE US TONIGHT.
UM, STANDING REALLY IS, I GUESS, A LEGAL ISSUE IF YOU WANT TO BRING IT UP IN THE EXECUTIVE SESSION.
SO DOES SOMEBODY HAVE TO MAKE A MOTION TO GO INTO EXECUTIVE SESSION? WELL, I WAS GONNA SEE IF WE COULD GET THROUGH THE REST OF THE CALENDAR FIRST.
HOLD ANYBODY ELSE IN THE AUDIENCE UP CERTAIN.
SO WE'RE GOOD WITH, UH, 2103 AND 2104.
I BELIEVE WE'RE GOOD WITH 2103.
WE'RE GONNA COME BACK TO 2104, UH, BEFORE WE, BEFORE WE GO BACK ON THE, UH, RECORD.
[03:50:01]
UM, LET'S GO ON TO THE 2105 G P H.I KNOW THAT PREVIOUSLY, AND I'M JUST TRYING TO CUT THROUGH THE WHATEVER, BECAUSE IT'S GETTING A LITTLE LATE NOW.
UH, CHRISTY HAD SAID BEFORE THAT SHE WAS OKAY WITH THE EIGHT TO 10.
I DON'T KNOW IF SHE'S STILL IN THAT POSITION.
UM, MY POSITION IS I'M NOT OKAY WITH THE EIGHT TO 10 BECAUSE I DON'T THINK THE 10 IS NECESSARY.
THE APPLICANT DID OFFER US TONIGHT, UM, SOMETHING AS AN ALTERNATIVE.
AND THAT IS A HALF HOUR AFTER CLOSING, WHICH HE SAID IS, I BELIEVE 8:00 PM 8:00 PM.
SO THAT'S SOMETHING ELSE YOU MIGHT WANNA CONSIDER.
UM, OR YOU COULD CONSIDER LEAVING IT SIMPLY AS WE HAD, UH, SUGGESTED EIGHT TO SIX.
BECAUSE TECHNICALLY IT'S A BRAND, IT'S, IT'S AN ADVERTISEMENT, IT'S WHATEVER YOU WANNA CALL IT.
BUT IT'S NOT SOMETHING THAT THE WAY IN WHICH IT IS SITUATED IS LEADING, UH, PARTICIPANTS OR, OR, OR CLIENTS OR WHATEVER YOU WANNA CALL IT, NECESSARILY TO THAT
SO I'VE SAID WHAT I'VE HAD TO SAY.
AM I THE ONLY ONE THAT THIS DOESN'T WANT EIGHT TO SIX? NO, I WAS, I I WAS EIGHT TO 10 ALSO.
HOW ABOUT EIGHT TO EIGHT
WELL, I THINK I, I THINK FROM WHAT SHE SAID, YOU SAY EIGHT TO EIGHT OR 10 TO EIGHT.
I'M SORRY, 8:00 AM TO 8:00 PM RIGHT.
SO DIDN'T HE CITE OUR OWN CODE THAT SAID THAT HE COULD, THAT THEY COULD LEAVE IT ON UNTIL A HALF AN HOUR AFTER CLOSING? AND IF THEY'RE OPEN NO, NO.
HE, HE SAID THAT THAT'S WHAT WE'VE DONE.
SO WOULDN'T, WOULDN'T THAT JUST, ISN'T THAT A STARTING POINT THEN FOR PRECEDENT THAT IT'S EIGHT TO EIGHT 30? NO, BECAUSE IF, IF, SEE THE WAY THEY DESCRIBE THE USE OF SOMETHING, YOU KNOW, AS YOU SAID, THE HOTEL OPERATES 24 HOURS.
THE URGENT CARE IS PULLING CUSTOMERS IN.
IT'S, IT'S, IT'S A SIGN FOR PEOPLE TO SAY, THIS IS HOW YOU GET THERE DURING OUR BUSINESS HOURS.
THAT DOESN'T REALLY APPLY TO HOW THEY'RE USING THIS SIDE.
I THINK THEY'RE USING IT FOR BOTH.
THEY'RE USING IT FOR PEOPLE TO GET TO THE BUILDING AND THEY'RE USING IT FOR, OBVIOUSLY FOR ADVERTISING.
THAT'S THE WHOLE POINT OF A SIGN.
IT'S WHY IT'S A LOGO INSTEAD OF JUST TYPE.
SO I, I, YOU KNOW, I, IT, I, I'M FINE WITH EIGHT TO 10 IF THE, IF YOU GUYS DON'T FEEL THAT WAY, I WOULD COMFORTABLE WITH EIGHT TO EIGHT 30.
UM, THERE WAS A POINT THAT WAS MADE IN TERMS OF SEASON, IN TERMS OF WINTER VERSUS SUMMER AND SPRING.
YOU KNOW, WINTER STARTS TO GET DARK, RIGHT? AND, UM, YOU KNOW, EIGHT TO SIX AND IN THE WINTER TIME AND THE LIGHT GOES OFF AT SIX O'CLOCK AND IT'S STILL PITCH BLACK.
UH, THAT DOESN'T MAKE ANY SENSE.
UM, EIGHT TO 10 MIGHT BE A LITTLE BIT TOO MUCH, BUT I DON'T HAVE A PROBLEM WITH
FROM 8:00 AM TO 10:00 PM I DON'T REALLY HAVE A SERIOUS PROBLEM WITH THAT.
UM, BUT IF IT WERE 8:00 AM TO, LET'S SAY 8, 8 30, BECAUSE IT'S A HALF HOUR AFTER CLOSING TIME, UM, EIGHT 30 IS STILL FINE IN THE WINTER TIME.
YOU KNOW, YOU STILL HAVE ILLUMINATION WHEN IT'S DARK, UH, UP UNTIL CLOSING TIME.
SO THAT, THAT'S THE ONLY, UM, RATIONALE THAT I HAVE IN TERMS OF WHY I THINK THE LIGHTS, UH, THAT SIGN SHOULD BE ILLUMINATED, UM, FOR ANY PERIOD OF TIME OTHER THAN 24 HOURS A DAY.
WILLIAM? UH, I THINK I CONCUR WITH WHAT LOUIS JUST SAID.
UM, THE ONE THING I WAS A LITTLE BIT IN A QUANDARY WITH, UM, WITH THEIR BRANDING, IS MEDICAL
WHAT, WHEN YOU, SO IN TERMS OF, IT'S NOT MM-HMM.
[03:55:01]
NO, NO, NO.YOU FINISHED WHAT YOU'RE SAYING? NO, I WAS SAYING NO, I WAS JUST IN TERMS OF
YOU FIRST NO, YOU GO, NO, YOU GO, YOU FINISH, YOU FINISH.
NO, WHAT THEY HAD SAID, WHAT THEY HAD SAID PREVIOUSLY IN TERMS OF THE USE IS THAT, UM, THEY WERE GOING TO DO REHAB THERE AND THE REHAB PROBABLY WOULD END AROUND EIGHT O'CLOCK.
UM, BUT THEY, THEY HAVE SOME, IT THERE, THE, IT IS JUST, I ASSUME EMPLOYEES THAT ARE WORKING, IT'S NOT HAVING CUSTOMERS OR CLIENTS COME THERE.
AND THEN THE REST OF IT, I THINK IS MORE LIKE AN OFFICE STRUCTURE THAN ANYTHING ELSE.
IT'S NOT A TREATMENT FACILITY AS SUCH.
SO THEN I THEN IT THEN IT STANDS, I, I WHAT MOST OF OUR, MOST PEOPLE HAVE COME BEFORE US IN TERMS OF THE ILLUMINATION.
WE'VE TYPICALLY GIVEN THEM SOME TIME AFTER CLOSING TO THE ILLUMINATING.
SO I'M IN AGREEMENT WITH WHAT THEIR PROPOSAL IS OR IF WE WANT TO INCREASE IT BY HALF HOUR ON THE OPPOSITE END, UM, UP TO AN HOUR, I'M IN AGREEMENT WITH THAT AS WELL.
SO YOU'RE SAYING EIGHT EIGHT TO EIGHT 30 OR EIGHT TO NINE NINE, CORRECT? CORRECT.
UM, UNDER, UNDER THEIR CASE, 90 30, UM, IT WAS LIMITED 8:00 AM TO 6:00 PM UH, NORMAL WORKING DAYS.
UM, THEY REQUESTED 24 HOURS IN THEIR LETTER, SEPTEMBER 4TH, 2020.
UM, WHICH THEY'RE NOT GETTING, UH, FOR OBVIOUS REASON ALSO THAT WE DON'T WANNA GO AHEAD AND SET A PRECEDENT LIKE THAT.
WE'RE GONNA HAVE THESE, UM, SIGNED CASES.
UM, WHETHER IT'S UH, ILLUMINATED OR NOT, UH, I WOULD LIMIT IT EIGHT TO EIGHT WITH THE HALF HOUR.
WHICH IS MORE THAN WHAT'S THERE NOW,
I JUST DON'T SEE THE NE I DON'T SEE WHAT THE 10 O'CLOCK DOES OR MEANS OTHER THAN OPENING THE DOOR FOR WHATEVER COMES NEXT.
WHO WANTS TO, UH, WRITE THIS UP? ED DOES LET ED DO IT.
AND, AND LET HIM AND ED PLEASE PUT LANGUAGE IN THERE.
'CAUSE WE'RE GONNA BE GETTING THESE, YOU KNOW, AND THEY'RE GONNA CITE TO THIS CASE AND THEY'RE GONNA WANNA STRETCH IT IF THEIR BUSINESS OPEN LATER.
THIS IS, AND DON'T LOOK, SO THIS IS A, BUT THIS IS A SIMPLE, A SIMPLE WRITEUP, GUYS.
RIGHT? WE WANT ED TO WORK YOU ALREADY, I ALREADY HAVE 2103 AND FOUR.
WILLIAM, CAN YOU DO US A FAVOR, FAVOR, PLEASE.
SO ARE WE SAYING EIGHT 30? WE'RE SAYING NINE? NO.
WHAT SAID 30? HE SAID EIGHT TO EIGHT 30, I BELIEVE.
AM I 30? EIGHT 30? WILLIAM WAS TRYING TO GET A LITTLE EXTRA IN THERE.
NO, WHAT I'M SAYING IS, 'CAUSE WHAT EVERYONE ELSE, WE SAID THEY ARE ALLOWED LEAVE TO ILLUMINATE AN HOUR BEYOND THEIR CLOSING TIME.
BUT I THOUGHT CLOSING WAS EIGHT.
THE CLOSING TIME IS EIGHT, SO IT'S EIGHT 30 AND NOBODY SAID AN HOUR.
I WOULD PUT IN A TIME BECAUSE THEY COULD BE LIKE, WELL, WE CLOSE AT 10, YOU KNOW, AND THEN WE JUST PUT HALF HOUR AFTER CLOSING.
IF THEY, IF THEY CHANGE THE USE, THEY CAN ALWAYS COME BACK, WHICH, ALRIGHT.
UM, NEXT IS, UM, THE DRIVEWAY.
TAXI RIDGE LANE, I SHOULD SAY.
UM, WHAT IS HE EXPANDING? I I DIDN'T QUITE GET THIS.
HE'S TRYING TO GET, I KNOW HE EXPANDING THE DRIVEWAY.
HE'S EXPANDING IT AT THE TOP TO MAKE IT WIDER TO FIT MORE CARS IN.
AND HE ALSO WANTS TO EXPAND IT ON THE SIDE SO THAT THEY CAN HAVE THESE GATHERINGS AND HAVE, IN ADDITION TO THEIR EIGHT CARS, A FIRE TRUCK BEING ABLE TO PASS ALONG PRINCE AND FAMILY AND WHATEVER ELSE.
AND THEN PERHAPS GET A FIRETRUCK IN THERE WITH ALL THE CARS UP THERE.
THAT
[04:00:01]
THE THREE SONS LIVE IN THE HOUSE AND THEY ALL HAVE CARS.AND THEY'VE BEEN STORING THE CARS PERHAPS IN FLORIDA NOW BECAUSE THEY'RE NOT HERE YET.
I DON'T THINK THEY'VE, THEY'RE OCCUPYING THE PROPERTY YET, SO.
OH, BUT DIDN'T WE HAVE THAT ALREADY? UM, I KNOW IT WAS A SIX CAR GARAGE RIGHT HERE.
OVER IN, UM, OVER IN ORCHARD HILLS.
AND WE TOLD THEM NO, NOT A RESIDENTIAL NEIGHBORHOOD.
WILLIAM, I I, I DIDN'T GET IT.
LIKE, I, I, AND I ALLUDED TO THAT TALKING, SPEAKING ABOUT THE FIRST PROPERTY.
UM, I, I DON'T, I DON'T, I DON'T KNOW WHAT TO SAY.
I, I, I, I DON'T SEE THE NEED, THE CARS THAT THEY SHOWED, UH, PARKED IN THE, IN THE DRIVEWAY FOR A GATHERING.
WELL THAT'S, THAT'S ONE THING, BUT THAT'S NOT SOMETHING THAT YOU'RE LIVING WITH EVERY DAY, YOU KNOW, WHATEVER.
UH, THE EIGHT CARS, APPARENTLY, IF WE LOOKED AT THE PICTURE, THEY'RE SQUEEZING 'EM INTO THE DRIVEWAY AS IT IS
SO I, I'M NOT SURE LOU, WHAT'S YOUR READ ON THIS? NO, THEY WERE JUST SAYING THAT YEAH, THEY SQUEEZED THEM IN, BUT THEY HAVE TO DO, UM, A LOT OF MANEUVERING IN ORDER TO GET CARS IN AND OUT.
YOU KNOW, THE THREE IN THE GARAGE, THEY GOTTA MOVE THREE IN THE DRIVEWAY IN ORDER TO GET THE, GET THEM OUT.
UM, YEAH, WELL WITH, WITH EIGHT CARS, THAT'S WHAT HAPPENS, RIGHT? YEAH.
SINCE WHEN DOES THAT BECOME A, A TOWN ISSUE? WHAT, EIGHT CARS? YEAH.
WELL THE FACT THAT, YOU KNOW, THEY CAN HAVE AS MANY AS THEY WANT.
OH, THEY CAN'T DRIVEWAY SPACE.
CAN HAVE AS MANY AS THEY WANT.
SO LONG AS THEY'RE IN COMPLIANCE WITH THE, UM, THE ZONING, THEY NOW THEY, THEY'RE, THEY, THEY'RE COMING TO US BECAUSE THEY EIGHT CARS TOO MUCH.
SO WE CAN'T, WE'RE NOT GONNA TELL THEM DON'T HAVE EIGHT CARS.
NO, I'M NOT, WE DON'T HAVE TO GRAB THE VARIANCE.
OH NO, I'M NOT SAYING THAT THEY CAN'T HAVE EIGHT CARS.
UM, I'M JUST SAYING IS THAT, WHY DOES THAT BECOME A TOWN ISSUE? THE EIGHT CARS, NO, EIGHT CARS IS A TOWN ISSUE.
THE ISSUE IS THEY WANT TO EXPAND THEIR DRIVEWAY, RIGHT, RIGHT.
IN ORDER THEY CAN HAVE 20, THEY CAN HAVE 20 AND DON'T NEED A VARIANCE.
WELL, LOU'S TRYING TO SAY IS THAT IT BECOMES A ZONING BOARD'S PROBLEM, I THINK IS WHAT HE'S TRYING TO SAY.
IT BECOMES A A ZONING BOARD ISSUE BECAUSE THEY MADE AN APPLICATION, RIGHT? YES.
AND THAT'S WHAT EVA AND I ARE SAYING, AND I, AND I'M BEING, YOU KNOW, EXTREMELY SAYING THEY CAN HAVE 20, JUST DON'T COME BEFORE US.
UM, I THI I THINK THAT I DON'T SEE THE RE THE NEED TO EXPAND THE DRIVEWAY.
I GUESS IT'S THE DRIVEWAY SIDE YARD SETBACK, THAT VARIANCE.
I I DON'T, I DON'T SEE WHY THAT NEEDS TO BE EXPANDED JUST SO THEY CAN FIT BE AN AMBULANCE, A FIRETRUCK.
WELL, OR JUST, I I MEAN YOU COULD STILL GET CARS BY THE CAR.
YOU KNOW, I, I DON'T SEE THAT THAT IS NECESSARY.
UM, THE TOP AREA, I MEAN, THAT SEEMS ALSO RATHER EXCESSIVE.
THE, THE WIDTH THAT THEY WANT TO, UM, EXPAND THAT.
I MEAN, IT'S MOSTLY SO THEY COULD PARK CARS AND BE ABLE TO MANEUVER THEIR CARS IN AND OUT OF THE GARAGE.
I MEAN, IT'S NOT BECAUSE THEY CAN'T EASILY GET THEIR CARS OUT OF, IF YOU ONLY HAD, LET'S SAY THREE CARS, YOU COULD EASILY GET YOUR CAR OUT OF THIS AREA AND DOWN THIS IS SO THEY COULD PARK CARS UP THERE AND EASILY GET THEIR CARS OUTTA THE GARAGE.
I'M NOT SEEING, AND THEY, AND THEY DESIGNED WHERE THE GARAGE IS NOT US.
SO MOVE, MOVE IT ALL THE WAY TO, I GUESS, COMING OUT OF THE GARAGE, WHATEVER THAT WALL IS THERE, AND THEN MOVE, DON'T PUT ANY CARS IN FRONT OF THE, IN FRONT OF THE, THE GARAGE OF THE THREE GARAGES AND THEY GET OUT, WHOEVER'S IN THERE GET OUT, PARK THE CARS ALONG THE 200 FOOT DRIVEWAY.
THEY'RE HAVING A, A GET TOGETHER, RIGHT? YES.
THAT'S WHERE THE OTHER FIVE CARS PARK SO THAT PEOPLE CAN GET IN AND OUT OF THE, THE OTHER CARS CAN GET IN AND OUT OF THE GARAGE WITHOUT MANEUVERING A WHOLE BUNCH OF OTHER CARS.
[04:05:01]
SO THAT'S A FEASIBLE ALTERNATIVE THEY HAVE WITHOUT NEEDING A VARIANCE.OF ALL PLACES THEY HAVE A LONG GARAGE AND WHENEVER THEY HAVE FRIENDS OVER, YOU JUST PARK ON THE LAWN.
I MEAN, BECAUSE I HAVE BIG GATHERINGS AND, UM, WE'RE NOT TELLING THEM TO PARK ON THE LAWN THOUGH, RIGHT? NO, I'M NOT TELLING 'EM TO DO THAT.
THAT'S MY, MY NEIGHBORS DO THAT NOW.
BUT THE, THE, THE PHOTOGRAPH SHOWED CARS PARKED ALONG THE SIDE OF THE 200 FOOT LONG DRIVEWAY.
AND I THOUGHT THE, UM, THREE PAGE NOTE LETTER THAT THEY HAD, UH, SUBMITTED STATING THAT THAT WAS AN IMAGE OR A PROPOSED IMAGE OF WHAT IT WOULD BE LIKE AFTER THEY EXPANDED THE WIDTH OF THE DRIVEWAY.
BUT THEY SAID TONIGHT THAT NO, THAT'S THE WAY IT LOOKS EXACTLY RIGHT.
THEY SAID OPENING THE DOORS IF YOU HAD ANOTHER CAR ALONGSIDE IT, YOU KNOW, THAT'S WHAT THEY SAID TONIGHT.
SO YOU WOULD BLOCK THE DRIVEWAY THEN, SO NO OTHER CARS COULD COME IN OR LEAVE EGRESS AND INGRESS, RIGHT? NO.
IF YOU'RE GONNA PUT THE NEXT ONE NEXT TO IT, YOU WOULDN'T DO THAT.
YOU JUST PARKED THE CARS ALONG THE SIDE OF THE DRIVEWAY.
SO, UH, BECAUSE I THINK SOMEBODY THREW IN THE, UM, THE FIRE, UM, THE FIRE TRUCK AND AMBULANCES, YOU KNOW, THINKING THAT WOULD, THAT WOULD BE IT.
THAT WOULD BE THE ONE THAT'S GONNA, YOU KNOW, TIP THE CASE IN THEIR FAVOR, UM, TO, TO WIDEN THE DRIVEWAY.
SO GOD FORBID THEY HAVE A FIRE, JUST GET THE CARS OUT OF THE, UM, THE DRIVEWAY.
SO IT SOUNDS LIKE THIS IS A NO, THAT'S WHERE I AM.
I FEEL THAT IT SHOULD BE A NO.
ARE YOU VOTING NO ON BOTH VARIANCES OR JUST THE DRIVEWAY PART? BOTH.
I THINK YOU'VE GOT THE FOUR, I'M THINKING.
ALSO, I'VE BEEN QUIET, BUT I AGREE WITH EVERYTHING YOU SAID.
I I ALSO DON'T THINK THIS REALLY MEETS THE KIND OF I'LL LIKE THIS, THE FIVE FACTOR TESTS.
I MEAN, THEY WERE LOOKING FOR VARIANCE BEFORE THEY, I THINK THEY EVEN MOVED INTO THE HOUSE.
THEY'RE NOT IN THE HOUSE YET, I DON'T BELIEVE.
AND THE PRECEDENT THAT IT WOULD SET, I MEAN, LISTEN, I, I HAVE, WE HAVE SIX CARS IN MY FAMILY AND WE HAVE A FOUR CAR DRIVEWAY.
IF YOU'RE IN THE GARAGE AND YOU'RE THE LAST ONE IN THE DRIVEWAY, TWO CARS HAVE TO GET MOVED.
I HAVE A LOT OF NEIGHBORS THAT ARE IN THE SIMILAR SITUATION.
IF WE, YOU KNOW, START GIVING VARIANCES, EVERYBODY'S GONNA WANT LARGER DRIVEWAYS OR TWO DRIVEWAYS AND, YOU KNOW, WE NEED TO THINK ABOUT THE IMPACT TO THE TOWN.
I MEAN, MAYBE WE NEED TO, BUT THAT'S, YOU KNOW, WE NEED TO THINK ABOUT THAT AS FROM A PRECEDENT SETTING.
DIANE, SOUNDS LIKE YOU CAN WRITE THIS ONE UP BECAUSE IT'S A DENIAL.
SO, OH, I, SO I JUST GOT THE PAPERWORK AND I'M ACTUALLY ON MY IPAD, NOT ON MY COMPUTER, SO I'M SORRY.
BUT, UM, I CAN'T DO, IT'LL TAKE, I'LL YOU SORRY, I'LL, I PULLED UP MY KEYBOARD.
I, I, I TRIED TO START WRITING IT.
WE NORMALLY DON'T GIVE ANY DENIALS.
I WON'T SAY NO 'CAUSE I HAVE EVERYTHING I NEED NOW.
I WAS TRYING TO MAKE YOU GIVE YOU ONE SIMPLE.
YEAH, ED, ED ALWAYS, UM, DO THEM FOR US ANYWAY.
I KNOW HE'S STILL A, HE'S STILL A POET IN DISGUISE AS A LAWYER.
I DON'T KNOW HOW HE DOES IT, BUT
ALRIGHT, NEXT IS, IT WAS SO NICE MEETING YOU, ROWAN.
I WAS SO NICE TO YOU, ROWAN, WASN'T I? YES, YOU WERE, YOU WERE BROTHER, YOU WERE, YOU WERE, YOU WERE MAN.
ALL RIGHT, NEXT IS, YOU KNOW WHAT TALO NEXT IS THE, WE HAVE TWO PERGO CASES TONIGHT.
SO THIS IS THE FIRST GOD, THIS IS THE FIRST PERGOLA CASE.
THIS IS THE ONE ON RUSSELL STREET, MITCH, MY PROPERTY.
PAT, I THINK YOU NEED BETTER PICTURES.
SO I ACTUALLY, UM, DROVE BY AND I TRIED TO TAKE PICTURES 'CAUSE I, UM, BUT THEY, IT WAS VERY HARD TO GET THE WHOLE THING IN.
AND TO SHOW IT AND TO SHOW THE IMPACT OF THE SIZE OF IT, UH, AS COMPARED TO THE HOUSE.
SO THAT'S WHY I DIDN'T EVEN SUGGEST SHARING THEM.
'CAUSE THEY'RE REALLY NOT GOOD PICTURES.
SO WE'RE GONNA ASK FOR PICTURES.
I'M JUST GONNA, DIANE, YOU HAVE TO LEARN TO JUST LIKE BOGAR YOUR WAY INTO THEIR BACKYARD.
AND WE HAVE TO, YEAH, I DON'T HAVE ONE EITHER.
SO YOU GUYS NEED YOUR CARD WITH YOUR PICTURE ON IT AND YOU WALK IN? YEAH.
WE, WE USED TO JUST WALK RIGHT IN AND SAY YEAH.
[04:10:01]
UM, YEAH, JUST, JUST TO GIVE YOU GUYS A LITTLE BIT OF BACKGROUND SINCE I'VE BEEN IN THIS, I, I USED TO LIVE UP THE HILL THERE.
I DRIVE BY THERE ALL THE TIME GOING FROM MY OFFICE NOW OVER TO MCDONALD'S OR WHATEVER'S OVER THERE.
AND I WAS IN REAL ESTATE TRYING TO SELL THIS HOUSE FOR SEVERAL YEARS BACK IN THE DAY.
WELL, I GO BACK A LONG WAYS AND, UM, AND, AND ACTUALLY IN THE SIXTIES TOO, IT WAS, IT WAS A DIFFICULT PROPERTY TO SELL.
I CAN'T REMEMBER WHAT WAS DONE TO THE PROPERTY AT SOME POINT BECAUSE THE GARAGE WASN'T THE WAY IT IS NOW.
THAT WAS THE, THAT WAS THE DRAWBACK TO THE HOUSE WAS THE, THE WAY IT WAS SITUATED.
AND, UM, A FEW OTHER THINGS ABOUT IT.
BUT IT HAS ALWAYS, YOU KNOW, IT'S ALWAYS HAD A GREAT PROPERTY, YOU KNOW, FOR THE OTHER HOUSES IN THE AREA.
IT HAS ALL THE LAND, YOU KNOW, IT ALWAYS KIND OF STOOD OUT.
AND I REMEMBER WHEN PE WHEN THEY FINALLY DID SOMETHING TO THE GARAGE AND THEY STARTED USING THE TOP AS A DECK.
AND I SAID, THAT'S A GREAT IDEA.
YOU KNOW, BECAUSE IT'S, IT'S, IT WAS UP AND IT, YOU COULD, AND YOU HAD THE GORGEOUS VIEW OF, UH, WHITE PLAINS WITH, YOU KNOW, THE TALL BUILDINGS THEY HAVE NOW.
AND LISTENING TO THE HOMEOWNERS TONIGHT, I'M SAYING TO MYSELF, IF I HAD THAT PROPERTY, I PROBABLY WOULD PUT ON SOME KIND OF SCREENING ON THE TOP OF THE GARAGE.
JUST A SCREEN, YOU KNOW? YEAH.
IT COULD BE SOMETHING REALLY ATTRACTIVE AND YOU COULD CERTAINLY USE IT AND HAVE A GREAT TIME UP THERE.
'CAUSE IT'S A, IT'S A NICE SPACE.
THAT SIDE YARD IS GORGEOUS AND THE SIDE YARD IS GORGEOUS TOO.
JUST PLANT SOME ARMES ALONG THERE AND GET SOME SCREENING.
YEAH, YOU CAN, YOU CAN, THE WAY YOU KNOW, IT'S NOT A, IT'S A, THE, PROBABLY THE MOST TRAFFIC ON JUNIPER HILL AND COMING DOWN TO RUSSELL STREET.
IT'S FROM THE SCHOOL AND IT'S AN, IT'S A, UH, IT'S A, FOR US SEC, SECOND, THIRD, AND FOURTH GRADE SCHOOL.
SO YOU HAVE THE SCHOOL BUSES SOMETIMES, AND A LOT OF THEM GO THE OTHER DIRECTION AND PEOPLE COMING ACROSS THE HILL, AND A LOT OF PEOPLE DON'T KNOW TO COME ACROSS THE HILL.
THEY GO DOWN TARRYTOWN ROAD AND THEN MAKE THE TURN ONTO CENTRAL AVENUE, THANK GOODNESS.
SO THEY KEEP DOING THAT, BUT IT'S NOT A HEAVILY TRAFFICKED ROAD IN THAT SENSE.
AND IF YOU HAD SOME KIND OF JUST TREES SHRUBBERY THERE, IT'S BEAUTIFUL BECAUSE YOU SEE THE PROPERTY.
BUT IT WOULD BE AS BEAUTIFUL FOR YOU AS AN OWNER IF YOU LIVED THERE AND HAD IT SCREENED WITH SOME TYPE OF THE AE THAT WAS MENTIONED.
AND YOU WOULD HAVE PRIVACY AND YOU COULD HAVE A FANTASTIC TIME ON THE LAWN.
SO I, I'M CONCERNED ALSO ABOUT THE FACT THAT, UM, THE CONSTRUCTION SEEMS TO BE SOMEWHAT, UM, LESS THAN WHAT SHOULD HAVE PERHAPS BEEN DONE TO END UP WITH WHAT THEY PLANNED, WHICH I THINK IS FROM THE, WHAT, WHAT DID YOU SAY, LOU? THAT IT WAS LIKE 200 AND SOMETHING SQUARE FEET, 230, SOMETHING LIKE THAT.
THAT'S, THAT'S A BIG, THAT'S ENORMOUS.
YOU KNOW, IT'S, IT'S VERY IMPOSING WHEN YOU SEE IT.
SO IT'S NOT JUST LIKE A DECK, BUT THEN YOU HAVE THE HEIGHT OF THE PERGOLA.
SO IT, IT, IT LOOKS VERY LARGE WHEN YOU SEE IT.
THE OTHER THING, CAN WE ASK FOR THE YEAH.
SHOULD WE ASK FOR THE DIMENSIONS OF THE PERGOLA OR, WELL, WE KNOW IT'S BIG.
WE CAN, WELL, SOMEBODY, SOMEBODY SCALED IT FROM THE PLANS TONIGHT, I BELIEVE.
NEIL DIDN'T PUT ANY DIMENSIONS ON IT.
HE DIDN'T PUT DIMENSIONS ON IT, PER SE, PROBABLY FOR GOOD REASON.
UH, BUT WHEN YOU SCALE IT, IT'S ABOUT 18 FEET BY 18 FEET, EXCEPT FOR THE CORNER CLOSEST TO THE PROPERTY LINE.
HE CHAMPED THE CORNER TO GET IT TO LIKE THREE FEET, WHATEVER THE DIMENSION IS.
THEY CHIPPED OFF A LITTLE SECTION OF IT.
THE OTHER THING THAT'S
THE OTHER THING EMILIO SAID, THEY KIND OF STRUCK ME AND YOU TALKED ABOUT THE FOCUS ON THAT ACCESS FROM THE KITCHEN TO THE PERGOLA, BUT IF YOU LOOK AT HOW IT'S SITUATED, IT COULD HAVE BEEN SHIFTED.
THE, THE, THE, THE WINDOW IS ON THE, ON THE LOOKING AT ME SIDE, LOOKING AT ME BACKWARDS.
I GUESS THE WINDOW IS OVER HERE.
THE PERGOLA OVER HERE, THE WINDOW IS ACTUALLY HERE.
IF YOU HAD SHIFTED THE PERGOLA OVER SOME TO WHERE THE WINDOW ACTUALLY IS, IT WOULD'VE NOT HAVE BEEN IN AS MUCH INTO THAT CORNER AS IT COULD.
IT, IT REALLY COULD HAVE BEEN SHIFTED MORE TO THE RIGHT AND STILL HAD THE SLIDING DOORS OPEN ONTO IT.
SO I DIDN'T BUY THAT ARGUMENT.
THE OTHER ARGUMENT THAT I DIDN'T BUY IS
[04:15:01]
THAT, UM, WE HAD A, WE HAD A HOUSE ON SOUTH ROAD, AND I'M SURE RON PROBABLY REMEMBERS THIS.UH, THE COUPLE WANTED TO USE, HAVE THEIR DECK ON THE REAR OF IT, AND IT WOULD HAVE, UM, GONE TOO FAR INTO THE BACKYARD SETBACK OR SIDE YARD SETBACK ON THAT ONE.
SIMILAR, UH, BECAUSE OF THE WAY THE HOUSE WAS CONSTRUCTED.
YOU'RE NOT TOTALLY MY HOUSE, ARE YOU? NO.
AND WE HAD SAID TO THEM, BUT YOU HAVE THIS GORGEOUS SIDE YARD THAT YOU COULD HAVE YOUR DECK IN AND YOU COULD HAVE IT SO THAT YOU COME OUT OF YOUR KITCHEN AND EITHER WALK TO THE DECK AND IT'S RIGHT THERE.
IT'S WAS JUST A DINING ROOM IN BETWEEN.
OR YOU COULD OPEN UP THE DI THE WALL ON THE DINING ROOM AND HAVE A SLIDING GLASS DOOR AND GO RIGHT OUT ONTO IT.
AND THEY DIDN'T WANNA DO THAT, AND WE DENIED IT AND THEY MANAGED TO BUILD A LITTLE WALK AND HAVE IT ON THE SIDE.
SO I, I'M JUST SAYING THAT IT, TO ME, IT WAS THE FIRST THING I THOUGHT OF AS A PRECEDENT TO SAY, THIS IS NOT SOMETHING THAT HAS TO BE IN THE REAR YARD, YOU KNOW, WHEN YOU HAVE, ESPECIALLY WHEN YOU HAVE ALL THIS LAND.
SO, I MEAN, I PERSONALLY DON'T SEE ANY SCENARIO WHERE I WOULD BE COMFORTABLE APPROVING THIS VARIANCE.
IT'S LIKE STUCK INTO THE BACK CORNER AND, YOU KNOW, TO SAY PERGOLA BACKYARD, PERGOLA BACKYARD DOESN'T MAKE THAT A FACT.
SO, UM, THAT THERE ARE MANY OTHER DESIGN OPTIONS RIGHT.
THAT THEY HAD AT THEIR FINGERTIPS AND THEY JUST WENT AHEAD AND BUILT SOMETHING THAT, UM, IS TOO BIG.
AND, UM, IT'S, IT'S, YOU KNOW MM-HMM.
WELL, IT SOUNDS LIKE YOU HAVE FOUR VOTES.
I THINK, I MEAN, JUST, JUST THE FACT OF THEM SAYING WE WANTED TO USE IT FOR DINING AND FOR PARTIES, IT'S OPEN.
YOU DON'T EVEN HAVE A ROOF OVER IT.
YOU CAN'T PUT A ROOF OVER IT FROM WHAT EMILIO SAID.
SO THERE ARE A LOT OF DRAWBACKS TO IT, OTHER THAN WE'VE PUT IT UP AND, YOU KNOW, WE ENJOY IT
WHAT DO YOU WANNA DO? I MEAN, YOU WANNA TAKE A VOTE IS NOT GONNA, GETTING PICTURES IS NOT GONNA AFFECT ME IN ANY WAY.
I IT WOULD BE VERY, I WOULD NOT VOTE YES ON THIS.
I I, I, IT, IT HURTS MY HEART.
ESPECIALLY, YOU KNOW, THEY'RE FROM BROOKLYN.
AND, AND I REMEMBER COMING UP FROM BROOKLYN AND MOVING INTO MY HOUSE FOR THE FIRST COUPLE OF YEARS AND, YOU KNOW, I HAD ALL KINDS OF FANTASIES OF WHAT I COULD DO IN MY BACKYARD NOT KNOWING THE RESTRICTIONS OR CODES OR ANYTHING LIKE THAT.
AND HE JUST FELT IT, HEY, THIS IS, THIS IS MY YARD, THIS IS MY, YOU KNOW, KINGDOM.
UM, AND IT, IT, IT'S UNFORTUNATE.
'CAUSE I THINK WHAT THEY WANT TO DO IS, IS A REALLY NICE IDEA.
UH, THEY JUST WENT ABOUT IT THE WRONG WAY AND AT SOME EXPENSE TOO, WHICH IS EVEN MORE PAINFUL.
YOU KNOW, ME, MY THING IS I ALWAYS WANNA GIVE INDIVIDUALS AN OPPORTUNITY TO, UM, OFFER SOMETHING ADDITIONAL.
AND I, I THINK SOMETIMES AS WHAT WAS STATED, UM, BY THE ARCHITECT, YOU KNOW, THIS IS WHAT'S THERE.
UM, CLEARLY, AND I KNOW THE WHOLE ISSUE WITH, UH, PASSING THE CARS AND THE STREET OR WHATEVER, BUT WITH THE YARDAGE THAT THEY HAVE LEADING WITH THE ELEVATION OF THE YARD, PLACING A DECK, LET'S SAY, LOOKING AT THE HOUSE FROM THE, UM, RIGHT SIDE, I THINK THERE'S SO MUCH OPPORTUNITY THERE.
AND IT JUST REALLY REQUIRES A VISION TO, UM, SEE WITH APPROPRIATE SCREENING.
'CAUSE THERE, THERE ARE NUMEROUS PERGOLAS AND CANOPIES THAT HAVE CLO ENCLOSED SIDES WHERE, YOU KNOW, EITHER USING A LATTICE OR IT IS JUST BECAUSE THEY JUST DON'T KNOW.
UM, AND I UNDERSTAND WHAT YOU'RE SAYING, YOU KNOW, HAVING, UH, PROPERTIES IN, UH, THROUGHOUT BROOKLYN BERG AND OTHER AREAS, I UNDERSTAND EVERYTHING USUALLY IS IN THE BACK BECAUSE THERE IS NO SIDE YARD.
[04:20:01]
CLOSE TO PRATT INSTITUTE WHERE I USED TO WORK, UM, THERE ARE PROPERTIES THAT HAVE GARAGES WITH ME, BUT AN AN ADJOINING STREET, AND THEN THEY WOULD ACTUALLY HAVE THEIR PERGOLA ABOVE THE GARAGE AT A L-SHAPED ANGLE.IT'S A REALLY, OF HAVING THE IMAGINATION AND UNDERSTANDING OF HOW TO BEST USE THE PROPERTY.
SO FOR ME, I CAN THROW EVERYONE WITHOUT, BUT I DO HAVE ONE PAUSE.
DID WE SAY ON THIS LIGHTING THAT IT WAS GONNA BE, UH, JUST DURING, UH, BUSINESS MONDAY THROUGH FRIDAY OR SEVEN DAYS A WEEK? WE SAY ON ILLUMINATION? IT'S NOT, IT'S NOT DURING OFFICE HOURS.
WELL, IN THAT, IN THE CASE THEY CITED IT WAS DURING BUSINESS DURING, DOESN'T SAY SEVEN DAYS A WEEK.
ARE WE GIVING THEM SEVEN DAYS A WEEK? EIGHT TO EIGHT? THEY'RE PROBABLY OPEN SEVEN DAYS.
I DON'T HAVE A PROBLEM WITH THAT.
AND IT'S EIGHT TO EIGHT 30, WILLIAM? EIGHT 30.
SO IT SEEMS LIKE THERE'S A DENIAL.
AND WHO'S GONNA WRITE IT?
NEXT IS, UM, THE SUBDIVISION ON HILLCREST AVENUE OR SPRING.
SPRING, I FORGOT THE OTHER STREET NOW.
UM, THERE WAS ONE OBJECTION FROM A NEIGHBOR THAT THE ROAD WOULD BE WIDER.
I DON'T, I DON'T SEE ANY ISSUE WITH WHAT THEY'RE ASKING TO DO THERE BECAUSE OF THE WAY IN WHICH THE RECORD WAS MADE THAT, UM, THERE ARE OTHER HOUSES ON THE STREET THAT ESSENTIALLY THEY'RE NOT DIMINISHING ANYTHING AS FAR AS THE OTHER NEIGHBORS ARE CONCERNED OR THE USE OF THE, UM, OF THE, OF THE, UH, STREET.
BUT THAT IT'S SIMPLY NOT, UH, CONSIDERED A TOWN IMPROVED STREET BECAUSE OF, UM, I GUESS WHEN IT WAS CREATED.
AND, BUT IT'S BEEN USED AS A STREET AND THE TOWN IS ESSENTIALLY MAINTAINING IT.
I THINK SOMEBODY SAID IT WASN'T AS WIDE, IT WAS A COUPLE OF FEET, UH, NARROWER THAN NARROW.
SO I DON'T SEE ANY PROBLEM WITH THIS ONE.
UM, I'M NOT SURE HOW TO WRITE IT UP THOUGH, ANN
YOU SAY THAT THE, UH, THE PLANNING BOARD REVIEWED IT AND THEY CAME TO UNANIMOUS RECOMMENDATION IN FAVOR.
I'LL TRY AND WRITE IT UP THEN.
UM, GOING ON TO GRACE AND JOHN WILLIAMS, WHICH IS CHELSEA ROAD.
UH, SOMEBODY WANNA OPEN THE DISCUSSION WHILE I START WRITING THIS.
WHERE ARE WE? THAT'S THE MAYFAIR ONE.
OH, JOHN WILLIAMS. UH, 14 CHELSEA.
UM, THAT'S THE ONE WITH THE GRAVEL.
I, I, I WAS GOOGLING THE DIFFERENCE BETWEEN, UH, GRAVEL AND PEBBLES.
UM, IF HE CAN PUT, PUT HIS, UH, GRAVEL OR, YOU KNOW, UM, GARDEN IN THERE WITHOUT NEEDING A VARIANCE, THAT WOULD BE GREAT.
UM, HOWEVER, HE'S GOTTA REDUCE IT IN SIZE.
OR IF HE'S NOT GOING TO, AS A BILLING INSPECTOR, DEPUTY BILLING INSPECTOR INDICATE, PUT A CHAIR IN THERE SO IT WOULDN'T QUALIFY THEN AS, I GUESS A PATIO.
THE BUILDING INSPECTOR DID EXPLAIN THAT LONG AS GRAVITY IS THERE, SO IT STILL WOULD QUALIFY.
REMEMBER WHAT HE WAS SHOWING IN THE PICTURES ON THE, ON THE VERY END OF HIS PRESENTATION WHERE HE SAID, THIS IS WHAT WE WOULD LIKE TO GO TO.
IT'S LIKE THIS ENGLISH GARDEN WITH THE MANICURED, UH, BORDERS AND MM-HMM.
THAT, THAT'S A, THAT'S A PLANTING INSIDE OF WHAT HE HAS, BUT THAT'S NOT WHAT THEY HAVE.
[04:25:02]
I'M GONNA KNOW ON THAT ROCK OR PEAPOD GRAVEL THING, BECAUSE THAT'S JUST LIKE BUILDING UP.THEY COULD, IT, IT WAS ON ITS WAY TO BEING A PATIO.
THEY COULD FILL ANYTHING IF WE GRANT THAT THEY COULD YEAH.
AND CHRISTIE, THEY COULD PUT THE PERLA THERE.
KRISTY, REMEMBER THE ONE WE JUST HAD VERY RECENTLY, WHERE THE PEOPLE HAD MADE A DESIGN WHERE THEY WANTED TO HAVE A PATIO, AND THEN THEY JUST PUT THE GRAVEL THERE AND THE, THE NEW OWNER CAME TO US AND SAID, WELL, IT WAS MEANT TO BE A PATIO, SO I JUST PUT THE STONES IN
AND WE KEPT SAYING, YOU CAN'T DO IT.
AND THAT'S, THIS IS THE SAME THING.
AND, AND IF WE GRANT THE VARIANCE, BECAUSE IT'S FOR A PATTY PATIO, THEY COULD PUT STONES DOWN, COULDN'T THEY? IT'S NOT JUST SAYING THEY OH YEAH.
AND THEN THE THING ON THE SIDE, I DON'T KNOW WHY THEY CAN'T BRING THAT IN.
SO IT CONFORMS. I, IT THEY CAN, THEY HAVE A LOT OF LAND.
WELL, HE'S MOVED IT AROUND BEFORE, SO HE'LL MOVE IT AGAIN.
WELL, THIS IS LIKE A, UM, THIS IS A NEW
WE'VE, WE'VE NOT HAD THIS MANY KNOWN ONE NIGHT PRECEDENT PRECEDENT.
YOU, YOU GUYS ARE REALLY, YOU KNOW, DIANE'S EFFECT ON US.
UM, ON THAT ONE, I WOULD, I WAS ACTUALLY GONNA ASK POTENTIALLY FOR MORE INFORMATION, LIKE I DIDN'T GET A REAL VISUAL.
THE STONE PATIO WITH THE PERGOLA.
SO I WOULDN'T KNOW EXACTLY WHAT I WAS SAYING, KNOW OR YES TO.
YOU WANT MORE INFORMATION? WE HAVE PHOTOGRAPHS, YES.
PHOTOGRAPHS OF THE SIDE, IF YOU LOOK AT IT.
I, I, I JUST COULDN'T GET A VISION OF WHERE, HOW WE
YOU SEE WHERE YOU SEE WHERE THE, OKAY.
NO, I SAW, I SAW THE AREA OF THE STONE.
WHAT I, WHAT I'M SAYING IS THE PIC, THERE'S A PICTURE THAT SHOWS THE STONE PATIO AND YOU SEE THE LITTLE OP PROPPING OF STOCK STONE HERE.
NOW IF YOU TAKE THAT AND TURN IT ON THE OTHER PICTURE WHERE YOU SEE THE SIDE OF THE HOUSE WHERE IT HAS THE LITTLE STONE STEPS, YOU SEE THAT SAME OUTCROPPING BECAUSE THERE'S A, UM, THERE'S A, THERE'S A ROOM THERE THAT STICKS OUT.
THAT'S WHAT ON THE, ON THE MAP.
HOW DID, HOW DID THEY PHRASE IT? I HAVE, THEY DESCRIBE IT AS A FIND IT, THE PLAN CALLS IT A WOODEN ROOM.
I MEAN, I HAVE THE PLANS IN FRONT OF ME TOO.
IT SAYS EXISTING ONE STORY WOOD FRAME ROOM ON THE PLAN.
THE PERGOLAS RIGHT IN THE FRONT OF IT.
AND ON THE SIDE OF THAT ROOM, BECAUSE THEY HAVE THIS STONE PATIO THAT'S THERE EXISTING, ARE STEPS THAT GO DOWN TO THE BACK.
AND AT THE VERY, AT THE VERY REAR OF THAT ONE STORY ROOM FRAME ROOM IS WHERE THEY HAVE THAT LITTLE OUTCROPPING OF ROCKS.
SO YOU COME OUT OF THE ROOM WHERE IT HAS STONE STEPS.
YEAH, THAT'S EXACTLY WHERE IT IS.
AND HOW MUCH WOULD HE HAVE TO REDUCE THE SIZE OF THE, UH, OF THAT PATIO? I DON'T, NO, IT'S NOT THE PATIO, IT'S THE PERGOLA.
WELL IT'S 30, THE REQUIREMENT IS 30 AND HE'S GOT 21 IN THE FRONT.
YOU'D HAVE TO
CAROL, ARE YOU THERE? CAN YOU LOOK UP? YES.
THE, UM, YOU HAD IT BACK BY 10 BY NINE FEET.
HE'D HAVE TO REDUCE IT THAT FAR.
YEAH, THE BACK, IT CONFORMS, RIGHT? I DON'T HAVE THE, THE, UM, ON 2115, THE DATE STAMP.
WHAT DO YOU, WHAT CAN'T YOU READ PLANS 20, 21, 15? I CAN'T READ WHEN THE PLANS WERE SUBMITTED.
[04:30:02]
WE COULD, WE COULD ADD THAT LATER.THAT'S, THAT'S THE DATE IT WAS RECEIVED.
BECAUSE DID CHANGE WAS A SATURDAY.
ALRIGHT, SO WHAT ARE WE DOING WITH THIS? SO HOW, WELL, HOW IS, I STILL NEED MY VOTE ON THIS ONE.
DO YOU WHAT? NO, WELL HAVE FOUR.
NO, I THINK WE HAVE FOUR DENIALS.
I THINK YOU HAVE FOUR DENIALS ANYWAY.
WE, BUT, BUT IF YOU WANT INFORMATION, YOU KNOW, I MEAN, NO, NO, I'M, NO.
YOU KNOW, I, I'M TORN BECAUSE I DON'T THINK IT LOOKS BAD.
BUT HE CREATED THIS HIMSELF, RIGHT? YEAH.
AND THIS WAS ALL SELF-CREATION.
SO, UM, PROBABLY ONE OF THE FIR THE FEW CASES THAT I WAS TEMPTED AT, WELL, NOT FEW, THE FIRST IN ALL THESE YEARS THAT I WAS TEMPTED TO ASK WHY, YOU KNOW, I'VE NEVER ASKED THAT QUESTION.
WHY BEFORE? 'CAUSE HE WAS BEFORE US, UM, AND GOT THE VARIANCE THAT HE NEEDED FOR THE FRONT YARD AND CERTAINLY KNOW THAT WE ARE HERE AND THEN TO GO AHEAD AND DO ALL OF THESE, UH, IMPROVEMENTS, YOU KNOW? SO I WAS JUST TEMPTED TO ASK WHY, BUT I GUESS I BIT MY TONGUE.
SO NORMALLY, NORMALLY WE DON'T, NORMALLY WE DON'T ASK THAT QUESTION'S.
WRITING THE DENIALS, I DON'T KNOW YET.
IS CHRISTIE DOING A DECISION? NO.
I DON'T, WE'VE GIVEN YOU ENOUGH.
CAROL, I EMAILED YOU THE ONES FOR DEB.
UM, NOT ON MY COMPUTER, BUT I I'M SURE YOU DID.
IF SHE'S HERE LISTENING, IF I HAD AN EMAIL, I'D SEND IT DIRECTLY TO HER.
NUMBER ONE, I THINK WE SHOULD LET ANTHONY GO.
NEED TO GO INTO EXECUTIVE SESSION NOW, UH, SO THAT WE CAN DISCUSS THAT CASE THAT WE HAVE COMING UP, UM, ON THE, ON THE SCHEDULE IN THE FUTURE.
WELL, IT'S SOMETHING ALSO TO DISCUSS, I'M SORRY, HOW MUCH TO DISCUSS THE CASES, THE PROCEDURE AS THE POLICY.
I NEED A, UH, WE'LL NEED A, UM, MOTION.
MR. BLAND IS TALKING, BUT I DON'T KNOW IF WE CAN HEAR HIM.
OH, UH, MADAM CHAIR, I MAKE A MOTION THAT WE PROCEED INTO EXECUTIVE SESSION IN ORDER
UM, WITH REGARD TO CASE 2103, AND I GUESS WHAT I DIDN'T ASK WAS, UM, ARE WE CLOSING THIS FOR DECISION ONLY? YES.
UM, AND YOU HAVE, UH, I DON'T KNOW WHEN THE, UH, AUGUST MEETING IS.
SO IT'D BE THE AUGUST MEETING WITHIN 60 DAYS? YES.
MS. WALKER, DO YOU, UH, HAVE IT THE DATE? I DON'T HAVE THE AUGUST DATE IN FRONT OF ME.
THE AUGUST DATE, THE MEETING FOR THE AUGUST, WHAT'S THE DATE? UH, HOLD ON, I CAN CHECK.
ALL RIGHT, WELL, BUT THEN PUT IT OVER TO JULY.
I, I CAN QUICKLY CHECK IF YOU WANT.
LOOKS LIKE THE 19TH, THE THIRD THURSDAY?
[04:35:01]
NO, LOOKS LIKE THE 19TH.THAT'S PROBABLY NOT NORMALLY AUGUST IS EARLIER.
I THOUGHT I'M GONNA, IT'S THE, UH, YOU'RE RIGHT, IT IS THE 19TH.
THE WHAT? THE 19TH? THE 19TH OF AUGUST.
ALRIGHT, I THINK I DID THAT BECAUSE I'M AWAY THE WEEK BEFORE.
UM, EV I JUST WANTED TO TELL YOU THAT, UH, FOR CASE 2115.
IT'S A TYPE ONE ON IT'S UNLISTED.
AND THAT THE DATE WAS SEPTEMBER 16TH, UM, BY THE PLAN, UH, GREENBERG PLANNING BOARD AS LEAD AGENTS SEPTEMBER 16TH, 2020.
WHICH ONE IS THAT? THAT, I'M SORRY.
THAT'S THE WILL, UH, KAF KAUFMAN, THE SUBDIVISION.
IT'S, IT'S THE TYPE ONE AND UNLISTED ARE TWO DISTINCT THINGS.
YOU KNOW WHAT? MY EYES JUST CROSSED SO LATE.
I DON'T HAVE, UH, I DON'T HAVE A TYPE ONE UP IN FRONT OF ME NOW, SO I HAVE TO BRING IT.
WELL, I'LL LOOK AND SEE IF I CAN FIND.
NO, I HAVE ONE, I JUST HAVE TO BRING IT UP.
OH GOD, JUST GIMME A MOMENT PLEASE.
GOT MY KEYBOARD WITH DOING ITS OWN THING.
AND MADAM CHAIR, JUST TO BE CLEAR, THAT'S, UH, UNLISTED ACTION.
THE PLANNING BOARD IN A COORDINATED REVIEW DID THE SEEKER, SO THERE'S NOT NO SEEKER ACTION OF THE E V A NEEDED FOR THE KAUFFMAN.
SO WE DON'T NEED ANY SEEKER ACTION THEN.
OH WAIT, WE HAD IT AS A TYPE TWO ON THE SEEKER THAT I HAVE, SO THAT'S INCORRECT.
THAT'S WHY I INTERRUPTED TO TELL YOU.
UM, BACK TO WHERE, WHERE WE WERE.
SO WE WE'RE BACK ON THE RECORD NOW WITH OUR DECISIONS OF THE EVENING.
AND THE FIRST CASE ON OUR AGENDA IS CASE 2103.
THAT IS ADJOURNED FOR ALL PURPOSES ONLY.
AM I CORRECT MR. LIEBERMAN TO THE JULY 15TH? YES.
AND THAT'S CLOSED FOR DECISION ONLY.
THE SAME IS TRUE OF CASE 2104, WHICH ALSO IS CLOSED FOR DECISION ONLY TO THE MEETING OF JULY 15TH.
THE NEXT CASE IS CASE 2105 G P H TAX OR L L P.
AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THAT THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SEEKING COMPLIANCE AND WHEREAS THE GREENBERG Z B 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.
DO I HAVE A, A SECOND? SECOND.
AND DO I HAVE A MOTION? YES, MADAM CHAIR.
THE APPLICATION IN CASE NUMBER 21 DASH ZERO FIVE BE GRANTED.
PROVIDED THAT ONE, THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILED THE SAME WITH THE BUILDING DEPARTMENT.
CONSTRUCTION SHALL BE YET NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED OF DECEMBER 3RD, 2 20 20, SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MADE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN PROVIDE THAT SUCH MODIFICATION DOES NOT REQUIRE DIFFERENT OR GREATER VARIANCE THAN THAT WE ARE, WHICH WE ARE GRANTING HEREIN.
THREE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION ONLY.
ANY FURTHER OR ANY FURTHER OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCE.
EVEN IF THE CONSTRUCTION CONFORMS AT HEIGHT, SETBACK, OR OTHER
[04:40:01]
VARIANCES, WE HAVE APPROVED HEREIN FURTHER THAT THE FOLLOWING CONDITIONS SHALL BE MET.THE APPLICANT WILL BE ALLOWED TO ILLUMINATE THE SIGN DURING THE HOURS AT 8:00 AM TO 8:30 PM SEVEN DAYS A WEEK.
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 ONE GRANTING THE VARIANCE WILL NOT RESULT IN A DETRIMENT TO NEARBY PROPERTIES AND WILL NOT ADVERSELY IMPACT THE CHARACTER OR PHYSICAL ENVIRONMENT CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT.
PROVIDED THAT THESE FILING CONDITIONS ARE FULLY MET AS CITED BY THE APPLICANT, THE ZONING BOARD HAD PREVIOUSLY GRANTED A SIGNED VARIANCE FOR THIS LOCATION, VARIANCE 90 DASH 30.
MOREOVER, THE APPLICANT HAS PROFIT, A REMEDY OF HAVING THE ILLUMINATION NO LONGER THAN A HALF HOUR AFTER THE CLOSED BUSINESS.
HENCE SAID, REMEDY IS IN KEEPING WITH THE TOWN'S ILLUMINATION CODE, UM, THAT HAVE COME BEFORE THE TOWN BOARD BEFORE, UM, THE APPLICANT'S NEED FOR VARIANCE WAS SELF-CREATED BECAUSE HE, SHE, IT FELT PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE REQUIREMENTS OF THE ZONING ORDINANCE.
HOWEVER, THAT FACT, THE FACT THAT THE APPLICANT'S NEED FOR AN AREA OF VARIANCE IS REED DOES NOT BY ITSELF REQUIRE US TO DENY AN AREA OF VARIANCE.
AND THE NEXT CASE, UH, WHICH WE ADJOURNED EARLIER TONIGHT, CASE 2109 AND THAT ALSO IS ADJOURNED TO THE MEETING OF JULY 15TH.
AND THE NEXT CASE ON OUR AGENDA IS CASE 2110.
JOHN LABINA PROPERTY AT AX ROAD, UM, UH, FAX FAXER, LANE ROAD, I SH FAXER RIDGE LANE, UH, IRVINGTON.
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 IS A TYPE WILL NOT HAVE ITS SIGNIFICANT IMPACT ON THE ENVIRONMENT.
NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRE NO FURTHER SECRET CONSIDERATION.
AND DO I HAVE A MOTION? YES YOU DO.
MADAM CHAIR, I MOVE THAT THE APPLICATION IN CASE NUMBER 21 DASH 10 BE DENIED.
UH, FINDINGS IN DENIED CHAIR VOTES? AYE.
ARE THERE ANY, ANY NAYS HAVING HERE? NONE.
FINDINGS IN DENYING THIS APPLICATION, THE ZONING BOARD OF APPEAL 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 NEIGHBORHOODS.
WE HAVE FOUND THAT NUMBER ONE, UH, GRANTING THE VARIANCE WILL RESULT IN THE DETRIMENT TO NEARBY PROPERTIES AND WILL ADVERSELY IMPACT THE CHARACTER OF PHYSICAL OR ENVIRONMENTAL CONDITION IN THE NEIGHBORHOOD OR DISTRICT.
UH, THE APPLICANT HAS NOT PROVIDED ANY OTHER PROPERTY IN THE NEIGHBORHOOD THAT IS SIMILARLY SITUATED AS WHAT THE APPLICANT HAS REQUESTED IN THE PETITION.
THE APPLICANT CAN ACCOMPLISH HIS OBJECTIVE OF HAVING THE AMOUNT OF CARS ON THE PROPERTY WITHOUT THE NEED FOR ONE OR BOTH VARIANCES.
NUMBER TWO, THE REQUESTED VARIANCE IS SUBSTANTIAL IN RELATION TO THE REQUIREMENTS SOUGHT TO BE VARIED IN THAT THE VARIANCE IS 48 FEET COMPARED TO 30 FEET REQUIRED A 37% INCREASE AND 20 FEET 60% INCREASE.
MY MATH IS OFF AT 63 I, NO, 60 I BELIEVE.
YOU CAN CHECK THAT IF YOU WANT.
I, I GOT OUT MY CALCULATOR BUT I MAY HAVE ADDED, UH, REVERSED MAYBE 63 SINCE IT WAS THIRD 62 AND CHANGE.
UH, OVER 60% INCREASE AND 20 FEET COMPARED WITH 13.6 FEET REQUIRED.
THE GOAL OF THE, THE GOAL OF THE APPLICANT CAN BE ACHIEVED.
THE GOAL OF THE APPLICANT CAN BE ACHIEVED BY SOME OTHER FEASIBLE MEANS WITHOUT REQUIRING THE VARIANCE UH, GRANTED THE APPLICANT CAN PARK CARS ALONG THE WALL STRAIGHT AHEAD WHILE EXITING THE THREE GARAGES AND ALONG THE 200 FEET DRIVEWAY.
NUMBER FOUR, THE APPLICANT'S NEED FOR THE VARIANCE WAS SELF-CREATED BECAUSE YOU PURCHASED THE PROPERTY WITH KNOWLEDGE OF THE ZONING REQUIREMENTS.
[04:45:01]
TODAY, WE HAD ADJOURNED TO FOR ALL PURPOSES TO THE MEETING OF JULY 15TH AND THE NEXT CASE IS CASE 2114 RAPHAEL AND VILLE COLON AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.DO MADAM CHAIR, I MOVE THAT THE APPLICATION CASE NUMBER 21 DASH 14 BE DENIED.
DO I HAVE ANY NAYS IN DENYING THIS APPLICATION? THE ZONING BOARD OF APPEALS 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 FOUND THAT ONE GRANTING THE VARIANCE WILL RESULT IN A DETRIMENT TO NEARBY PROPERTIES AND WILL ADVERSELY IMPACT THE CHARACTER OR PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT BECAUSE THE PROPOSED STRUCTURE ENCROACHES UPON THIS SIDE YARD SETBACK TO THREE AND A HALF FEET AND IN FACT IS ENLARGING A NON-CONFORMING STRUCTURE TO INCREASE SUCH NON-CONFORMANCE.
THE STRUCTURE, UH, OF PERGOLA IS APPROXIMATELY 324 SQUARE FEET AND IS ALARMING TO THE NEXT DOOR NEIGHBOR WHO STRONGLY EXPRESSED HIS CONCERN OVER THE CONSTRUCTION OF THIS STRUCTURE TO THE REQUESTED VARIANCE IS SUBSTANTIAL IN RELATION TO THE REQUIREMENTS SOUGHT TO BE VARIED AND THAT THE VARIANCE IS 3.5 FEET COMPARED WITH 26 FEET REQUIRED.
BUT ED IS THAT RIGHT?
AND FOUR, THE APPLICANT'S NEED FOR THE VARIANCE WAS SELF-CREATED BECAUSE THE APPLICANT STARTED BUILDING THE PERGOLA WHILE FEIGNING IGNORANCE OF THE TOWN REAR YARD SETBACK REQUIREMENTS.
THAT MY FIRST I'VE NEVER DONE ONE EITHER.
WOULDN'T WANNA GET ON YOUR BAD SIDE, LOU.
ALL RIGHT, LET'S, LET'S GET BACK TO OUR AGENDA HERE.
UH, CASE 2115, UH, KENNETH KAUFMAN PROPERTY AT 36 HILLCREST AVENUE AND WHEREAS THE GREENBERG, UH, AND WHEREAS THE, UH, GREENBERG'S E B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SEEK A COMPLIANCE AND HAS DETERMINED THAT IT IS AN UNLISTED, UM, THAT, THAT IT IS AN UNLISTED PROPERTY AND THEREFORE I DON'T KNOW WHAT TO SAY AT THAT POINT,
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.
AND CONFORMITY WITH THE PLANS DATED OR DATE MARKED, I SHOULD SAY, UH, RECEIVED MAY 17TH, 2021 SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY BE HEREAFTER MODIFYING
ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION IT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE WILL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HERE.
[04:50:01]
AYE.I FIND THAT 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 WILL, 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 PERIOD.
UM, BECAUSE THE STREET HAS BEEN IN EXISTENCE FOR MANY YEARS IN ITS PRESENT CONDITION AND THE APPLICANT ONLY NEEDS THE VARIANCE BECAUSE THE STREET FRONTAGE ON THE SUBDIVISION WHERE THE NEW DWELLING IS BEING CONSTRUCTED IS NOT 25 FEET WIDE, WHICH IS THE TOWN STANDARD FOR TOWN IMPROVED ROADWAY.
SO VARIANCE IS REQUIRED AND THE APPLICANT SEEKS TO WIDEN A PORTION OF THE ROAD AT THE ENTRANCE OF THE PROPERTY, WHICH WILL IMPROVE THE ROADWAY AND NOT ADVERSELY IMPACT THE NEIGHBORING PROPERTIES.
THE GOAL OF THE APPLICANT CANNOT BE ACHIEVED BY SOME OTHER FEASIBLE MEANS WITHOUT REQUIRING THE VARIANCE WE ARE GRANTING NOW BECAUSE THE ROADWAY HAS BEEN MAINTAINED BY, BY THE TOWN AND ALL NECESSARY TOWN SERVICES AND VEHICLES TRAVERSE THE ROADWAY WITHOUT ANY ISSUE.
THE REQUESTED VARIANCE IS SUBSTANTIAL IN RELATION TO THE REQUIREMENTS SOUGHT TO BE VARIED AND THAT THE RELIEF REQUESTED IS ZERO COMPARED TO 25 FEET.
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.
AND OUR LAST CASE WE HAVE ON OUR AGENDA TONIGHT IS CASE 2116 GRACE AND JOHN WILLIAMS PROPERTY AT 14 CHELSEA ROAD.
AND THE WHEREAS THE GREENBERG C B A HAS REQUIRED THE ABOVE HAS, HAS REVIEWED THE ABOVE REFERENCE APPLICATION WITH REGARD TO C A COMPLIANCE AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THAT THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT AND THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
UH, I MOVE THAT THE APPLICATION IN CASE NUMBER 2116 BE DENIED.
ANYONE VOTE NAY FINDINGS? YES.
FINDINGS IN DENYING THIS APPLICATION, THE ZONING BOARD OF APPEALS 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 RESULT IN A DETRIMENT TO NEARBY PROPERTIES AND WILL ADVERSELY IMPACT THE CHARACTER OR PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT BECAUSE THE GRAVEL PATIO IS LOCATED WITHIN THE APPLICANT'S SIDE YARD AND IS WITHIN 2.6 FEET OF THE NEIGHBORING PROPERTY WHERE 10 FEET IS REQUIRED.
WHILE IT'S CURRENTLY A GRAVEL ROCK GARDEN, THIS VARIANCE WOULD ENABLE THIS APPLICANT OR ANY FUTURE PROPERTY OWNER OWNER THE ABILITY TO COMPLETELY PAVE THIS APPROXIMATELY 12 BY 22 FOOT PATIO.
A PAVED PATIO IN THIS AREA INCREASES THE IMPERVIOUS SURFACE ON THE LOT AND ADVERSELY IMPACTS THE NEIGHBOR.
THE PROPOSED PERGOLA IN THE REAR YARD WOULD BE LOCATED WITHIN 21 FEET OF THE REAR YARD.
LOT LINE WHERE 30 FEET IS REQUIRED AND THIS PERGO LIQUID BE MADE SMALLER TO COMPLY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE.
FINALLY, THE HOME IS ALREADY A NON-CONFORMING STRUCTURE WITH REGARD TO HEIGHTS.
SO GRANTING THESE VARIANCES WOULD CONSTITUTE AN ENLARGEMENT OF A NON-CONFORMING STRUCTURE WHICH VIOLATES SECTION 2 85 42 C ONE OF THE ZONING ORDINANCE.
THE REQUESTED VARIANCE FOR THE SIDE YARD IS SUBSTANTIAL IN RELATION TO THE REQUIREMENTS SOUGHT TO BE VARIED AND THAT THE REQUESTED VARIANCE IS 2.6 FEET COMPARED TO 10 FEET REQUIRED A 74% DECREASE IN THE PERMITTED SIDE YARD AND THE REQUESTED VARIANCE FOR THE REAR YARD, OH, I'M SORRY.
THE REQUESTED VARIANCE FOR THE REAR YARD IS SUBSTANTIAL IN RELATIONSHIP TO THE REQUIREMENTS HAVE TO BE VARIED AND THAT THE REQUESTED VARIANCE IS 21.1 FEET COMPARED TO 30 FEET REQUIRED.
29.7% DECREASE IN THE REAR YARD.
FURTHER, UH, THE HOME IS ALREADY NONCONFORMING AS
[04:55:01]
TO HEIGHT.SO IN DENYING THESE VARIANCES, WE ARE NOT PERMITTING A FURTHER ENLARGEMENT OF A NONCONFORMING STRUCTURE.
UM, FINALLY, THE GOAL OF THE APPLICANT CAN BE ACHIEVED BY SOME OTHER FEASIBLE MEANS WITHOUT REQUIRING VARIANCE GRANTED IN THAT THE APPLICANT COULD REDUCE THE SIZE OF OR RECONFIGURE THE GRAVEL PATIO AND THE PERGOLA SO THAT BOTH CONFORM TO THE REQUIREMENTS OF THE ZONING ORDINANCE.
NOW
I HAVE TO MAKE ONE CORRECTION, WHICH I FAILED TO DO BECAUSE WE WERE SO ENGROSSED IN THESE, UH, WEIGHTY DECISIONS WE HAD THIS EVENING.
I SHOULD HAVE MADE AN, UH, AN APPEAL TO THE BOARD THAT, UH, A MOTION BE MADE FOR US TO EXTEND THE TIME BECAUSE I REALIZE NOW IT IS 1130 AND WE SHOULD HAVE ASKED FOR, UM, PERMISSION TO CONTINUE AFTER 10 30.
SO CAN I NO PRO CHUNK THIS BACK AND PERHAPS GET THE, UH, APPROVAL OF THE BOARD THAT WE EXTENDED THE TIME OF OUR MEETING THIS EVENING? SECOND.
AND WITH THAT, HOPEFULLY WE WILL GO INTO SUMMER AND HAVE SOME SUMMER LIKE WEATHER AND ENJOY OURSELVES AND GETTING THROUGH THIS WHOLE COVID YEAR THAT WE HAVE, UH, ENDURED.
AND EVERYONE, PLEASE UM, BE SAFE AND WE'LL SEE YOU SOON.