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GOOD EVENING EVERYONE.THIS IS THE, UH, MEETING FOR THE TOWN, TOWN OF GREENBURG ZONING BOARD OF APPEALS.
UH, WE HAVE NOVEMBER, I BELIEVE.
DID SOMEONE SAY SOMETHING? I'M SORRY.
DID I SAY I DIDN'T SAY NOVEMBER? NO, YOU SAID OCTOBER.
I'M, I'M READING N O V E M B E R.
WELL I'M TELLING YOU, THE JET LAG IS REALLY WELL, I ALSO DIDN'T HAVE ANY SLEEP FOR 25 HOURS BEFORE I GOT ON THE JET, SO THAT WAS ANOTHER THING.
SO WE HAVE, UH, SIX CASES, UH, THAT WERE SCHEDULED ON TONIGHT'S AGENDA, HOWEVER, CASES 2111, WHICH IS 11 LAUREL STREET AND 2116, WHICH IS BLOOM ENERGY, HAD ASKED FOR, UH, AN ADJOURNMENT.
I AM TIRED EVERYONE, SO I APOLOGIZE.
I'LL SLOW DOWN SO MAYBE I CAN GET THINGS A LITTLE MORE, UH, CORRECT.
UM, AS EVERYONE KNOWS, THIS IS THE, UH, MEETING FOR THE, FOR THE ZONING BOARD.
WE HAVE OUR NEXT MEETING, DECEMBER, IS IT 14TH? CAROL CAROL, IS IT THE 14TH OF DECEMBER? YES.
UM, AS YOU KNOW, SOME OF THE CASES THAT WE HAVE ON TONIGHT'S AGENDA HAVE BEEN HEARD.
WE, WE WILL, AFTER LISTENING TO OUR DELIBERATIONS, WE WILL MEET IN, UH, WHAT WE CALL A ZOOM ROOM.
AT THAT TIME, ALL THE INDIVIDUALS WILL BE, WHO HAVE BEEN HEARD, WILL NOT BE ABLE TO FURTHER PARTICIPATE, NOR WILL THE PUBLIC AT THAT TIME.
SO WE WILL AT THIS POINT MOVE FORWARD WITH STARTING OUR PROCEEDINGS.
IF THERE'S ANYONE WHO IS NOT A NAMED PARTICIPANT, OUR APPLICANT, PLEASE, UH, SPELL YOUR NAME SO THAT THE STENOGRAPHER WHO WILL RECORD EVERYTHING THAT IS BEING SAID, WILL HEAR IT AND GET IT DOWN PROPERLY.
ALSO, WE WOULD ASK THAT THERE NOT BE ANY CROSSTALK SO THAT PEOPLE WHO ARE SPEAKING ARE CLEARLY HEARD ON THE RECORD AND EVERYONE WHO WISHES TO SPEAK, HOPEFULLY WE WILL HAVE THE, GIVE THEM THE OPPORTUNITY SO THAT THEY CAN, CAN SPEAK MOVING FORWARD.
UM, IS THERE ANYTHING THAT, OH, YES.
I MUST ANNOUNCE TO EVERYONE THAT WE ONLY HAVE FOUR MEMBERS A PRESENT THIS EVENING DUE TO COMMITMENTS THAT MEMBERS HAD.
AND THEREFORE, IF WE DO NOT HAVE UNANIMOUS DECISION DECISIONS ON MATTERS, WHETHER IT IS FOR THE APPLICANT OR AGAINST THE APPLICANT, IT COULD RESULT IN A DENIAL.
AND BY THAT, I SAY IF WE DON'T HAVE FOUR INDIVIDUALS WHO ARE VOTING POSITIVE OR IN FAVOR OF THE APPLICANT'S REQUEST, IF WE HAVE MEMBERS WHO ARE UNABLE TO, UM, TO DO THAT, THAT PUTS YOU IN A SITUATION WHERE POTENTIALLY YOUR APPLICATION COULD BE DENIED.
THE ONLY REASON I'M TELLING YOU THIS NOW IS BECAUSE YOU CAN CHOOSE WHETHER YOU WISH TO GO AHEAD AND ALLOW US TO HEAR THE MATTER THIS EVENING AND LET THE CHIPS FALL WHERE THEY MAY, AS WE SAY, OR IF YOU WISH TO SEEK TO HAVE YOUR MATTER RETURNED ON ANOTHER DAY WHEN WE WOULD HAVE MORE BOARD MEMBERS.
AND PERHAPS THAT WOULD MAKE A DIFFERENCE.
I'M NOT SAYING IT IS OR WOULDN'T, BUT THAT'S, WE WILL GIVE YOU THAT OPPORTUNITY.
SO YOU CERTAINLY HAVE THE RIGHT TO, UM, TO LET ME KNOW OR TO LET US KNOW, I SHOULD SAY AT THIS TIME, IF THAT IS SOMETHING THAT YOU WOULD LIKE TO DO.
OTHERWISE, WE WILL PROCEED NOW WITH MOVING FORWARD WITH, UM, THE CASES THAT WE DO HAVE ON TONIGHT HERE.
ALRIGHT, EVE, EVE, ONE QUESTION.
UH, I JUST WANT TO INSERT, I BELIEVE YOU AND GARRETT, AND I THINK CAROL SAID THAT THE DECEMBER MEETING IS ON THE 14TH.
THAT'S A TUESDAY, SO IT SHOULD BE ON THE 16TH.
SO I PLEASE CORRECT THE RECORD AND EVERYONE KNOW I SAID, SORRY.
ANYTHING ELSE BEFORE WE MOVE FORWARD? ALL RIGHT, THEN LET'S START WITH THE FIRST CASE ON TONIGHT'S AGENDA THAT WE CAN, CAN HEAR NOW, SHOULD WE TAKE THE VOTE FIRST ON THE ADJOURNMENT OR WAIT UNTIL WE DO OUR DELIBERATIONS? TAKE IT NOW.
UM, BEFORE WE MOVE FORWARD, IS THERE, HAS, IS THERE ANYONE IN THE AUDIENCE THAT WISHED TO MAKE ANY COMMENT ON
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THIS CASE SINCE THE APPLICANT HAS ASKED FOR AN ADJOURNMENT? I HEAR LOOKS AS IF THERE'S ONE RESIDENT.I, I, YEAH, I JUST HAVE ONE QUESTION.
UM, IN THE LETTER FROM THE APPLICANT'S LAWYER, IT SAYS THAT THEY'RE MAKING REVISIONS TO THE PLANS.
NOW, WHEN THEY MAKE, WHEN THEY MAKE REVISIONS TO THE PLANS, DO THEY HAVE TO TAKE THOSE PLANS BACK TO THE BUILDING DEPARTMENT OR THEY JUST BRING IT TO YOU? I'LL LET THE BUILDING DEPARTMENT ANSWER THAT FOR YOU.
WE WILL TAKE A LOOK AT THE PLANS AFTER THE REVISION TO SEE IF THERE'S ADDITIONAL VARIANCES OR VARIANCE CHANGES.
ALRIGHT, SO IT'LL GO TO YOU FIRST AND THEN, THEN IT'LL COME BACK TO THE ZONING BOARD OF APPEALS? YES.
IT'LL ACTUALLY BE SUBMITTED TO THE PLANNING AND ZONING DEPARTMENT.
THEY'LL CIRCULATE IT TO THE BUILDING DEPARTMENT.
WE WILL MAKE ANY CHANGES IF CHANGES ARE NECESSARY, AND THEN IT'LL BE CALENDARED AND BACK ON, YOU KNOW, FOR THE PUBLIC.
SO IF THEY DON'T NEED ANY VARIANCES, IF THEY REVISE IT, THAT THEY DON'T NEED ANY VARIANCES, DOES IT GO BACK TO THE ZONING BOARD OF APPEALS? WELL, THEY, THEY'RE GONNA NEED SOME TYPE OF VARIANCES BECAUSE OF THE LOT SIZE.
IS THERE ANYONE ELSE THAT HAD ANY QUESTIONS ON THIS? ALL RIGHT THEN.
UM, SO WITH REGARD TO THE REQUEST OF THE APPLICANT ON 2111 LAUREL STREET, DO, DO I HAVE A MOTION TO ALLOW THEM TO, UM, BE GRANTED AN ADJOURNMENT? I MOVE THAT, UH, CASE NUMBER 2111, UM, BE GRANTED AN ADJOURNMENT.
AND DO I HAVE A SECOND? SECOND.
ANYONE ELSE OUT THERE? THERE SHOULD BE THREE OF US.
AND MOVING ON TO THE NEXT CASE THAT WE HAVE ON OUR AGENDA IS CASE 2126, UH, PETER AND ALICE, UH, STRATEGOS PROPERTY AT 20 21, 25.
26 BERGOS PROPERTY AT 29 HAWTHORNE WAY? NO, IT'S 25.
AND DO WE HAVE SOMEONE WHO IS HERE TO ADDRESS THE APPLICANT'S REQUEST THIS EVENING? YES.
I'M MADAM CHAIRMAN AND MEMBERS OF THE ZONING BOARD OF APPEALS.
I'M THE, UM, OWNER OF THE PROPERTY AT 29, UM, HAWTHORNE WAY IN HARTSDALE.
AND I'M HERE ON AN APPLICATION FOR A, UM, SPECIAL USE, EXCUSE ME, SPECIAL USE PERMIT TO INSTALL AN AMATEUR RADIO, UH, TOWER AND ANTENNA IN THE BACK OF MY HOME IN THE REAR YARD.
UH, IN ADDITION, I'M SEEKING, UH, VARIANCES WITH RESPECT TO THE, UM, HEIGHT RESTRICTIONS OR REQUIREMENTS CONTAINED IN THE ORDINANCE AND THE LOCATION, UM, REQUIREMENTS SET FORTH IN THE ORDINANCE.
NOW, SINCE WE LAST MET ON OCTOBER 21ST, UH, YOU, THE, UH, BOARD HAS RECEIVED A MEMO FROM THE, THE TOWN OF GREENBURG ANTENNA REVIEW BOARD, WHICH SETS FORTH SOMEWHAT THE HISTORY OF MY APPEARANCE BEFORE THE BOARD, THE ZONING, THE ANTENNA REVIEW BOARD, AND THEN SETS FORTH A SERIES OF SIX CONCLUSIONS, WHICH I'D LIKE TO READ INTO THE RECORD, IF I MAY.
UH, THERE, I, I THOUGHT WE HAD ALREADY, I'M SORRY, MR. UH, STREETERS, I THOUGHT WE HAD ALREADY, UM, PUT THAT IN THE RECORD, BUT MAYBE I'M MISTAKEN.
ARE YOU, IS IT THAT YOU WISH TO ADDRESS EACH OF THE SIX ITEMS THAT ARE ON THE LIST, OR ARE THERE JUST CERTAIN ONES THAT YOU WISH TO ADDRESS? NO, IT, UH, I'D LIKE TO READ ALL SIX OF THEM INTO THE RECORD JUST TO ENSURE, ENSURE THAT THEY ARE IN FACT, IN THE RECORD, UH, BECAUSE THESE ARE THEIR CONCLUSIONS.
THE ANTENNA REVIEW BOARD'S CONCLUSIONS.
UM, THE FIRST ONE IS THE APPLICANT REFERRING TO PETER STRATUS.
AN F C C LICENSED AMATEUR RADIO
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OPERATOR QUALIFIES FOR THE QUOTE, REASONABLE ACCOMMODATIONS PROVIDED BY THE F C C.THE SECOND ONE, THE APPLICANT DESIRE TO HAVE A GROUND MOUNTED TELESCOPING AND HINGED MONOPOLE THAT CAN LOWER THE ANTENNA ELEMENTS TO THE GROUND FOR SERVICE.
FOREN FROM A 54 FOOT HEIGHT CLOSED PRIM IS A REASONABLE ACCOMMODATION FOR THIS AMATEUR RADIO OPERATOR WHO IS UNABLE TO CLIMB LADDERS.
NUMBER THREE, ALL FENCING REQUIRED TO SURROUND THE MONOPOLE NEEDS TO BE SITUATED ON THE APPLICANT'S PROPERTY AND BE EIGHT FEET IN HEIGHT UNLESS A VARIANCE IS OBTAINED.
NUMBER FOUR, A CONDITION SHOULD BE IMPOSED AT ANY INTERFERENCE WITH THE NEIGHBORS F C C COMPLIANT CABLE, UH, RADIO, TV, OR COMMUNICATIONS DEVICES NEEDS TO BE RE REMEDIED BY THE APPLICANT.
UH, NUMBER FIVE, A CONDITION SHOULD BE IMPOSED THAT THE INSTALLATION MUST BE REMOVED SHOULD THE PROPERTY NO LONGER BE OCCUPIED BY AN F C C LICENSED AMATEUR RADIO OPERATOR, SINCE IT IS THE OPERATOR WHO ENJOYS THE BENEFIT OF THE FCCS REASONABLE ACCOMMODATION STANDARD.
AND NUMBER SIX, A CONDITION SHOULD BE IMPOSED THAT A PROFESSIONAL ENGINEER NEEDS TO CERTIFY THE STRUCTURAL INTEGRITY OF THE AS-BUILT INSTALLATION.
NOW, THE FIRST TWO COINCIDE WITH MY REQUEST BEFORE THIS BOARD.
IN OTHER WORDS, THE ANTENNA REVIEW BOARD CONCURS WITH MY APPLICATION TO INSTALL A 54 FOOT TOWER WITH A THREE ELEMENT, UM, UH, AND, UM, ANTENNA ON THE TOP OF THE TOWER, UH, LOCATED 10 FEET FROM THE RESIDENCE IN THE REAR YARD.
NOW, THE OTHER FOUR, UH, REQUIREMENTS SET FORTH OR CONCLUSIONS SET FORTH IN THEIR MEMO OF OCTOBER 21, I CONCUR IN AND HAVE ACQUIESCED IN.
UH, IN OTHER WORDS, I AGREE THAT THE, UM, WE WILL INSTALL AN EIGHT FOOT FENCE DIRECTLY AROUND THE TOWER.
THAT FENCE WILL PROBABLY MEASURE EIGHT FEET ON A SIDE, BE EIGHT FEET TALL, AND IN THE DIRECTION THAT THE TOWER TILTS, THERE WILL BE TWO FOUR FOOT WIDE EIGHT FOOT TALL DOORS THAT CAN BE OPENED SO THAT THE TOWER CAN BE TILTED OVER.
UM, WE DO NOT EXPECT THAT THERE WILL BE ANY INTERFERENCE WITH ANY OF THE NEIGHBORS, UM, F C C COMPLIANT CABLE, UH, TVS AND SO FORTH BECAUSE THEY ARE CABLE.
IT'S NOT THE OLD ANALOG DAYS WHEN THERE WAS, WHEN NEIGHBORS COULD EXPERIENCE, UH, INTERFERENCE FROM AMATEUR RADIO STATIONS.
UM, IN ORDER TO SELL THE HOUSE TO ANYONE, I, I'M CONFIDENT I WILL HAVE TO REMOVE THE ANTENNA AND TOWER IF WE SHOULD EVER SELL THE HOUSE, AND WE'LL COMPLY WITH THAT, UH, REQUIREMENT.
UM, LASTLY, UM, I WILL HAVE A, A, UM, PROFESSIONAL ENGINEER REVIEW THE PROJECT AT EACH STEP TO ENSURE, ENSURE THAT WE HAVE COMPLIANCE WITH THE ENGINEERING SPECIFICATIONS, EXCUSE ME, PREVIOUSLY SUBMITTED TO THE, UH, BUILDING INSPECTOR AND THE BOARD.
NOW SINCE MY EARLIER, UM, APPLICATIONS, I SUBMITTED A SUPPLEMENTAL APPLICATION REQUESTING A HEIGHT VARIANCE AND A LOCATION VARIANCE FROM THE ORDINANCE.
UM, AND THOSE ARE, I THINK, ARE BEFORE THE, THE BOARD THIS EVENING FOR CONSIDERATION.
UM, THAT PRETTY MUCH CONCLUDES MY REMARKS, BUT I'LL BE GLAD TO ANSWER ANY QUESTIONS THAT ANY MEMBERS OF THE, THE BOARD MAY HAVE.
WHEN, WHEN YOU MENTIONED CONDITION REGARDING REMOVAL OF THE ANTENNA, I MEAN YOU UNDERSTAND THAT THE SPECIAL USE IS BEING GRANTED TO YOU.
I MEAN, I WOULD ASSUME, AND CORRECT ME IF I'M WRONG, UM, ANTHONY, THAT, UH, IF IN FACT EVEN ANOTHER AMATEUR, UM, RADIO, A PERSON SUCH AS YOURSELF WERE TO BUY THE PROPERTY AND SAY, WE'LL JUST LEAVE THE ANTENNA, THAT THEY WOULD HAVE TO ALSO GET PERMISSION BECAUSE
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IT WOULD BE A QUESTION OF IS THE ANTENNA STILL IN THE SAME, YOU KNOW, CONDITION TO REMAIN, ET CETERA.YOU UNDERSTAND THAT? SO I WOULD LIKE TO KNOW WHETHER YOU'RE PREPARED TO SAY THAT YOU WILL REMOVE THE ANTENNA, UM, WHEN YOU NO LONGER HAVE THE PROPERTY.
WHEN WE SELL THE PROPERTY, YOU KNOW, I THINK IT'S UNLIKELY WE'LL FIND ANOTHER AMATEUR RADIO OPERATOR IN THIS COMMUNITY THAT, UM, WANTS TO, UM, RETAIN THE ANTENNA.
I GUESS AN ALTERNATIVE MIGHT BE FOR THAT, ASSUMING WE DO COME UP WITH ANOTHER AMATEUR RADIO OPERATOR WHO WOULD LIKE TO RETAIN THE ANTENNA IN THE YARD.
UH, I GUESS HE COULD FILE FOR ANOTHER VARIANCE WITH THE, UM, BUILDING INSPECTOR AND GO THROUGH THE PROCESS OF, OF GETTING A, ANOTHER SPECIAL USE PERMIT RATHER THAN TRYING TO GRANDFATHER ON MINE.
BUT OTHERWISE, YOU KNOW, I SUSPECT I'M GONNA HAVE TO TAKE THE TOWER DOWN TO SELL THE PROPERTY.
I MEAN, THAT'S MY EXPECTATION AT THIS POINT.
EXPECTATION AND PLAN, I ASSUME
YEAH, I MEAN
WELL, I'M NOT TOO CONCERNED ABOUT SOMEONE ELSE WANTING IT.
I'M JUST CONCERNED ABOUT YOUR UNDERSTANDING THAT THIS IS A SPECIAL USE PERMIT THAT IS, UH, FOR YOUR PURPOSES.
ARE THERE ANY QUESTIONS THAT OTHER BOARD MEMBERS WISH TO ASK OF, UH, THE APPLICANT? WOULD, WOULD THE APPLICANT, UM, LIKE FOR US TO RENDER A DECISION TONIGHT OR WAIT UNTIL, UH, MORE MEMBERS OF THE BOARD ARE PRESENT? WELL, I THINK A DECISION TONIGHT WOULD BE FINE.
I THINK, UM, YOU HAVE ALL THE INFORMATION THAT I CAN POSSIBLY PROVIDE.
WE HAVE RIGOROUSLY GONE THROUGH ALL OF THE SAFETY CONSIDERATIONS INVOLVED HERE.
UM, I THINK THE BOARD SHOULD BE READY TO APPROVE A SPECIAL USE PERMIT FOR THIS PURPOSE.
IF YOU HAVE SOME RESERVATION, I'D APPRECIATE YOU ADDRESSING THEM NOW SO THAT I MIGHT BE ABLE TO RESPOND.
UM, YOU KNOW, IN THE ABSENCE OF, UM, UNFAVORABLE COMMENTS, I HAVE NOTHING TO RESPOND TO.
SO IF YOU DO HAVE SOME RESERVATION OR SOME OTHER CONCERN, I WISH YOU WOULD EXPRESS IT NOW SO THAT I COULD ADDRESS IT.
I BELIEVE IN THE LAST MEETING, UH, THAT I SPOKE AT, I DID QUERY YOU AS TO WHETHER OR NOT THE ANTENNA WOULD REMAIN UP 24 HOURS A DAY OR JUST WOULD IT BE USED, WOULD BE RAISED DURING THE HOURS OF USE.
AND I DON'T THINK WE EVER INTO A RESOLUTION ON THAT.
RIGHT? IN MY PRIOR SUBMISSION TO THE BOARD, I SAID, IF I DON'T USE IT, IF I DON'T USE THE TAR FOR A PERIOD OF, I THINK IT WAS 72 HOURS, I PUT, I SUBMITTED IT IN WRITING, I WOULD RETRACT THE, UM, TOWER TO ITS REDUCED HEIGHT.
UM, BECAUSE WHAT HAPPENS WITH THE SUNSPOT CYCLE, YOU GET A HOT WEEK OR SO AND YOU MAY RUN FOR A WEEK OR SO OF TREMENDOUS WORLDWIDE COMMUNICATION AND THEN IT KIND OF DISSIPATES AND, UM, YOU HAVE TO WAIT UNTIL IT REVIVES.
SO IF I DON'T USE IT FOR A PERIOD OF 72 HOURS, I WILL RETRACT IT TO THE LOWER UH, AREA UNTIL I NEED TO USE IT AGAIN.
ANY OTHER QUESTIONS? THE ONLY THING THAT I WOULD ADD, UM, AND I'M NOT SURE WHERE WE WERE ON THIS ISSUE, WAS I, I RECOGNIZE, UH, MR. UHGO THAT YOU ARE PUTTING UP THE EIGHT FOOT TALL ENCLOSURE AROUND THE ANTENNA ITSELF, WHICH I ASSUME THAT YOU'RE USING IN LIEU OF HAVING THE ENTIRE PROPERTY, UH, ENCLOSED WITH FENCING BECAUSE THERE WAS SOME QUESTIONS RAISED EARLIER ABOUT SOME OF THE FENCING NOT BEING, UM, SOMETHING THAT YOU HAVE CONTROL OVER, BUT INDEED WAS YOUR NEIGHBORS.
SO IT'S NOT SOMETHING THAT YOU COULD RELY UPON BEING THERE.
AND ALSO I BELIEVE THE HEIGHT OF IT WAS PERHAPS
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A LITTLE LOWER THAN, UM, SOME OF THE OTHER FENCING THAT YOU HAVE.SO IS THERE ANY ISSUES THAT ANY OF THE BOARD MEMBERS RECALL WITH REGARD TO THE, IF I MAY CLARIFY THE EXISTING FENCING ARRANGEMENT? IT'S, UM, ON THE, UH, SOUTH SIDE OF THE PROPERTY, THERE'S EIGHT FOOT DEER FENCING ON THE ENTIRE LENGTH OF THE SOUTH SIDE OF THE PROPERTY.
ON THE EAST SIDE OF THE PROPERTY, THERE AGAIN IS EIGHT FOOT TALL DEER FENCING, UM, OVER THE ENTIRE EAST SIDE OF THE PROPERTY.
UH, A GARRETT ACTUALLY VISITED THE HOUSE AND CAN CONFIRM THESE OBSERVATIONS ON THE NORTH SIDE OF THE PROPERTY, UH, WHICH REBUTS MY NEIGHBOR, KAREN GLASS' HOME AND PROPERTY, THERE'S A FOUR FOOT CHAIN LINK FENCE RUNNING THE ENTIRE LENGTH OF, UM, OF MY BACKYARD.
THEN ON THE WEST SIDE OF MY PROPERTY, WE HAVE A FOUR FOOT FENCE, EXCUSE ME, A SIX FOOT, UM, WHAT DO YOU CALL IT? A PICKET FENCE, PLASTIC PICKET FENCE OVER FROM THE NORTH SIDE TO THE HOUSE, AND THEN A MORE EIGHT FOOT FENCE OVER THE OTHER SIDE OF THE HOUSE TO THE SOUTH SIDE OF THE PROPERTY, ADDITIONAL DEER FENCING.
BUT AGAIN, UH, JUST TO RESUMMARIZE, THERE WILL BE EIGHT FOOT TALL FENCING, IF YOU WILL, EIGHT FEET WIDE AT THE RIGHT AROUND THE TOWER.
SO THE TOWER WILL BE ENTIRE ENCLOSED BY AN EIGHT FOOT TALL FENCE.
UM, I'VE BEEN LOOKING AT EIGHT FOOT TALL FENCES ON THE INTERNET, AND ACTUALLY THERE ARE SOME THAT ARE VERY ATTRACTIVE AND WILL FIT IN WELL WITH THE, UM, UM, STYLE OF OUR BACKYARD.
SO, UH, YOU KNOW, I HAVE NO PROBLEM PUTTING UP AN EIGHT FOOT FENCE ALL THE WAY AROUND THE TOWER AT ITS SPACE WITH TWO DOORS IN THE DIRECTION, WHICH WILL ACTUALLY BE THE, UM, EAST DIRECTION, TWO DOORS ON THE EAST SIDE THAT WILL BE EIGHT FEET TALL, FOUR FEET WIDE, AND OPEN TO PERMIT THE, UH, TILTING OF THE TOWER, UH, TO ITS LOWER POSITION.
AND YOU HAD EXPLAINED THAT PREVIOUSLY.
HOWEVER, UH, THE, THE THOUGHT THAT I HAVE IS WHETHER OR NOT I, I REALIZED AT, AT LEAST IN MY MIND, THAT THE EIGHT FOOT TALL FENCING IS TO KEEP, UH, INDIVIDUALS WHO MIGHT EITHER HAVE ACCESS TO THE ANTENNA INAPPROPRIATELY, PERHAPS DAMAGE THE ANTENNA OR, UM, TO KEEP IT ENC CLOSED SO THAT IT WOULD NOT BE GENERALLY OPEN TO THE PUBLIC THAT I GATHER.
HOWEVER, IT'S ONLY EIGHT FOOT TALL.
YOUR ANTENNA OBVIOUSLY IS MUCH TALLER THAN THE EIGHT FEET.
SO MY CONCERN IS WHETHER OR NOT THE FENCING, AND AND THIS IS SOMETHING THAT THE BUILDING DEPARTMENT MAY HAVE TO OPINE ON, IS THERE FOR PURPOSES OF NOT ONLY, UM, PROVIDING A BARRIER TO GET TO THE ANTENNA, BUT ALSO TO PERHAPS PROVIDE SOMETHING THAT WOULD KEEP, IF FOR SOME REASON THE ANTENNA WERE TO BE, UH, DAMAGED IN SOME WAY OR BROUGHT DOWN BY, UH, NATURE, WOULD THAT BE SOMETHING THAT THE FENCE WOULD BE NEEDED TO IN ORDER TO PREVENT DAMAGE TO OTHER PEOPLE OR ANYTHING OF THAT NATURE OR SO THO THOSE ARE THE TWO OPTIONS THAT, THAT I WAS CONCERNED ABOUT AS TO WHETHER THAT IS SOMETHING THAT, UM, THERE SHOULD, SHOULD BE ANY CONCERN ABOUT.
WELL, WITH DEFENSE, LET, LET, LET, LET THE DEPARTMENT SPEAK FIRST.
DEFENSE IS BEING USED AS A BARRIER TO PROTECT THE, YOU KNOW, FROM ANY CHILDREN OR PUBLIC TRYING TO CLIMB THE ANTENNA.
OKAY? IT'S NOT THE ANTENNA FROM FALLING.
WELL, NOT FROM FALLING, I JUST NOTE A DAMAGE IS WHAT I WAS SAYING, RIGHT? THE APPLICANT SUBMITTED, UH, THE, THE, THE RADIUS TO SHOW THAT, UH, SHOULD THERE BE, UM, YOU KNOW, STRUCTURAL DAMAGE, IT WOULD FALL WITHIN HIS PROPERTY.
UM, WHICH IS IN THE, IT MEETS, MEETS THE INTENT OF THE CODE FA FALLING AND STORMS ARE TWO DIFFERENT THINGS.
UH, YOU KNOW, THE PLAN WOULD BE TO LOWER THE
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TOWER, UH, IN THE EVENT OF, UH, SEVERE WEATHER.I MEAN, IT'S SUPPOSED TO BE OR THREATEN SEVERE WEATHER, I ASSUME, RIGHT? ABSOLUTELY.
THE OTHER POINT I WOULD LIKE TO MAKE, WITH ALL DUE RESPECT, MADAM UH, CHAIRMAN, THE ORDINANCE CALLS FOR AN EIGHT FOOT TALL FENCE THAT'S IN YOUR ORDINANCE.
UH, AND THAT APPLIES TO ANY, I WOULD ASSUME THAT WOULD APPLY TO A CELL PHONE, UH, TOWER OR ANY OTHER TYPE OF TOWER THAT FALLS WITHIN THE DEFINITION OF THE FENCING REQUIREMENT.
SO THAT'S WHAT YOUR ORDINANCE REQUIRES, MA'AM.
AND THE EIGHT FOOT 10, THE EIGHT FOOT FENCE AROUND THE BASE OF THE TOWER IS SPECIFICALLY INTENDED TO SATISFY THAT REQUIREMENT OF YOUR ORDINANCE.
BUT WOULD YOU AGREE TO THE CONDITION THAT YOU JUST RAISED? AND THAT IS IN THE EVENT OF THREATENING IMPLEMENT, WHETHER THAT YOU WOULD, UH, LOWER THE TOWER? ABSOLUTELY, YES, MA'AM.
ANY OTHER QUESTIONS FROM THE BOARD? DO WE HAVE ANY QUESTIONS FROM ANY OF THE AUDIENCE COMMUNITY ONE REQUEST, UH, MR. ANDREW KOTZ? GO AHEAD, SIR.
UH, MY QUESTION IS IN REFERENCE TO THE INTERFERENCE THAT THIS ANTENNA WILL HAVE FOR NEIGHBORING, UM, YOU KNOW, NEIGHBORING HOUSES IN TERMS OF CELL PHONE SIGNAL, I THINK WE ADDRESSED, UH, TELEVISION SIGNAL, BUT WE DID NOT ADDRESS CELL PHONE SIGNAL.
AND WHAT DUE DILIGENCE WAS DONE TO DEMONSTRATE THAT THIS WILL NOT HAVE ANY IMPACT? YEAH, THERE WAS A SIMILAR QUESTION WITH REGARD TO INTERFERENCE OF EMERGENCY, UH, COMMUNICATION SIGNALS.
UH, I AM GOING TO BE OPERATING MY, UH, ANTENNA AT A MAXIMUM FREQUENCY OF 30 MEGAHERTZ.
CELL PHONES OPERATE ON A FREQUENCY OF 800 TO 900 MEGAHERTZ.
THERE'S A VERY SIGNIFICANT DIFFERENCE SPREAD BETWEEN THOSE FREQUENCIES.
THERE WAS A SIMILAR REQUEST WITH REGARD TO THE POLICE DEPARTMENT, UH, THE FIRE DEPARTMENT EMERGENCY COMMUNICATIONS, AND WE CONTACTED, UH, BOTH THE POLICE DEPARTMENT AND THE RADIO DEPARTMENT, THEIR FREQUENCIES RANGE, UM, IN THE NEIGHBORHOOD OF 455 TO 456 MEGAHERTZ.
AND AS I UNDERSTAND IT, AND GARRETT CAN CONFIRM THIS, UH, THEY HAD NO RESERVATIONS ABOUT, UH, INTERFERENCE WITH CELL PHONE COMMUNICATIONS OR, OR EXCUSE ME, THEIR EMERGENCY COMMUNICATIONS.
SO I AM, I AM, UM, VERY CONFIDENT THAT THERE WILL BE NO INTERFERENCE WITH CELL PHONE COMMUNICATIONS JUST BECAUSE OF THE DIFFERENCE IN TRANSMITTING FREQUENCIES BETWEEN THE TUBE.
ARE WE
I AM IN A PROFESSION WHERE I NEED TO HAVE CONSTANT ACCESS TO, UH, INCOMING CALLS AND I CANNOT HAVE ANY INTERFERENCE WHATSOEVER, UH, WITH THAT.
SOME OF THE SITUATIONS MAY BE LIFE THREATENING.
WELL, YOU'RE KIND OF LATE TO THE, I MEAN, THIS, WE STARTED THIS THREE MONTHS AGO IN SEPTEMBER, WAS MY FIRST APPEARANCE BEFORE THE BOARD, AND WE HAVE PURSUED EVERY SAFETY PRECAUTION NECESSARY.
UH, I THINK YOU SHOULD BE ASSURED, BASED UPON OUR EXPERIENCE WITH THE POLICE DEPARTMENT, THE FIRE DEPARTMENT, THE EMERGENCY, UM, EMTS THAT, UH, THE UTILIZATION OF MY AMATEUR STATION WILL NOT INTERFERE WITH YOUR, UH, CELL PHONE TRANSMISSIONS, WHICH ARE SUBSTANTIALLY BEYOND, UH, UH, THE FREQUENCY I'LL, I'LL BE OPERATING ON INTERFERE WITH OUR, IF THAT CAN BE DEMONSTRATED AND, UH, SHOWN IN WRITING BY, UH, YOU KNOW, AND A, A, A PROFESSIONAL THAT HAS QUALIFICATIONS TO MAKE THAT DEMONSTRATION, THEN I WOULD BE HAPPY THAT THAT WOULD SUFFICE.
WELL, NUMBER ONE, I'M NOT REALLY AT THIS POINT IN IT READY TO HOLD UP THE APPROVAL OF THIS APPLICATION, UH, BASED ON YOUR RATE CONCERNS ABOUT YOUR, UH, CELL PHONE OPERATION,
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UM, AND WHERE ARE YOU, WHERE ARE YOU LOCATED IN RELATION TO 29 HAWTHORNE? WAY VERY CLOSE.AND MY INABILITY TO BE AT PRESENT AT DIFFERENT MEETINGS WAS BECAUSE OF PROFESSIONAL RESPONSIBILITIES THAT WERE KEEPING ME FROM BEING ABLE TO BE ON AT THIS TIME.
SO I APOLOGIZE, I WASN'T THERE PREVIOUSLY.
UM, MAY, MAY I INTERJECT FOR A MINUTE.
UM, I JUST GOOGLED, UH, CELL PHONE FREQUENCY, UM, THREE G FOUR, UH, FOUR G.
AND IT'S SHOWN THAT 800, 700 TO 800 FOR THE FOUR, UM, I'M SORRY, 700, 800 1917 2100 AND FOR THE THREE G 809 AND 1900, UM, I DON'T KNOW IF YOU HAVE YOUR PHONE WITH YOU, MAYBE YOU CAN, YOU KNOW, UH, GOOGLE IT REAL QUICKLY TO SEE IF THAT'S ACCURATE.
AND, UH, FOR THE APPLICANT, IT'S IN, IS IT IN THE SUBMISSION THAT YOUR, UH, RADIO STATION WILL OPERATE AT, UM, YOU SAID 30 MEGAHERTZ YOU SAID? CORRECT.
IS IT, IS THERE ANYTHING IN THE SUBMISSION THAT DOCUMENTS THAT, UM, YOU KNOW, I'D HAVE TO GO BACK THROUGH MY INITIAL FILE.
YEAH, I'M LOOKING, I'M LOOKING REAL QUICKLY AS I'M SPEAKING TO YOU AS WELL, TO SEE IF I SEE ANYTHING IN THERE THAT NOTATES THAT IT WILL OPERATE AT, YOU KNOW, 30 FREQUENCY, UM, WHICH IS PRE, UH, LEMME COMMENT.
THERE'S QUITE FRANKLY, THE FREQUENCIES I CAN OPERATE ON ARE REGULATED BY THE FEDERAL COMMUNICATION COMMISSION.
AND FRANKLY, I THINK PERHAPS THERE'D BE A RESPONSE TO, UH, MR. KOOT'S INQUIRY BY REFERENCE TO THE, UH, FEDERAL COMMUNICATION WEBSITE.
OH, UM, YOU, YOU, YOU DID INDICATE ON, UH, YOUR LETTER, YOU DID INDICATE IN YOUR LETTER DATED OCTOBER 8TH, 2021, UH, DATE STAMPED BY THE Z B A, THE SAME DATE ON PAGE TWO.
AND, UM, NUMBER FIVE, THAT YOU'LL USE FREQUENCIES BELOW, UH, 30 MEGAHERTZ.
UH, YOU INDICATED THAT EMTS USE FREQUENCY ABOVE FOUR 50 AND YOU'LL USE, UH, FREQUENCY BELOW 30 MEGAHERTZ.
UH, ONE RECOMMENDATION THAT I WOULD HAVE IS THAT, UM, CONDITION OF APPROVAL FOR CONSIDERATION OF THE ZONING BOARD WOULD BE THAT SHOULD THERE BE ANY INTERFERENCE, UM, TO, YOU KNOW, ANY PUBLIC SAFETY, UH, WHICH WOULD INCLUDE BOTH MUNICIPAL OPERATIONS AND THAT OF THE PUBLIC SA UH, PUBLIC IN GENERAL, UM, YOU KNOW, AT THE ORDER OF THE POLICE CHIEF, UM, WOULD BE CAUSED FOR THE APPLICANT TO REMEDY THE SITUATION IF THERE IS A MANNER TO REMEDY IT OR CEASE USE OF THE, THE, THE SYSTEM IF IT'S INHIBITING, UM, CELL PHONE COMMUNICATIONS LIKE THE GENTLEMAN JUST RAISE, OR, UH, ANY RADIO SAFETY COMMUNICATIONS USED BY, UH, THE TOWN RADIO DEPARTMENT OR POLICE OR AMBULANCE OR ANYTHING TO THAT EFFECT.
HAD THE, UH, THE APPLICANT PREVIOUSLY STATED THIS EVENING WHEN HE WENT THROUGH THE SIX CONDITIONS, UH, FROM THE, PRESUMABLY FROM THE A R B, UH, THE, UH, 1, 2, 3, 4 FIFTH SAYS A CONDITION SHOULD BE IMPOSED AT ANY INTERFERENCE WITH THE NEIGHBOR'S.
F C C COMPLIANT CABLE, RADIO, TV, OR COMMUNICATIONS DEVICES NEEDS TO BE REMEDIED BY THE APPLICANT.
SO THE APPLICANT DID RAISE THAT AND ACKNOWLEDGE THAT OBLIGATION TONIGHT.
AND THAT WILL BE INCLUDED IN, UH, I ASSUME, UH, AS A CONDITION TO THE, UH, ANY DECISION GRANTING.
I'D LIKE TO JUST SAY ONE THING.
I I'M NOT GONNA DISMISS MR. BERT'S CONCERN, AND THAT IS A LEGITIMATE CONCERN THAT THERE IS NOTHING THAT HAS BEEN DEMONSTRATED TO HIM NOR MYSELF ACTUALLY AT THIS POINT THAT INDICATES THAT IT WOULD NOT INTERFERE.
SO I'M NOT SAYING THAT IT WOULD, BUT THERE'S NOTHING DEFINITIVELY SAYING THAT IT WOULD NOT.
AND I DON'T KNOW IF OUR RADIO, UH, BOARD COULD ACTUALLY ANSWER THAT QUESTION.
MAYBE THAT'S THE, UM, AGENCY THAT COULD EXPLAIN TO US THAT THAT MAY NOT INTERFERE.
BUT IF HE HAS TO USE HIS CELL PHONE OR, UM, RADIO FREQUENCY IN HIS HOME FOR HIS, FOR HIS PERSONAL PURPOSES, ALSO IF SOMETHING THAT MAY BE IN CLOSE PROXIMITY TO HIS HOME, EVEN THOUGH IT MAY BE OPERATING AT A LOWER FREQUENCY, THERE ARE TIMES IN YOUR OWN HOME IF YOUR MICROWAVE SOMETHING ELSE SHORTS OUT, IT MAY INTERFERE WITH OTHER ITEMS WITHIN YOUR HOME.
[00:35:01]
THINK HIS CONCERN IS A LEGITIMATE CONCERN, AND I WOULDN'T WANNA DISMISS IT DUE TO, UM, HIS INABILITY TO HAVE SPOKEN AT A EARLIER POINT.AND HONESTLY, I'VE HAD THE SIMILAR CONCERN WHEN I RAISED THE ISSUE AS TO WHETHER OR NOT THIS WOULD BE UP 24 HOURS A DAY, SEVEN DAYS A WEEK.
WELL, I THINK THERE IS A RESOLUTION TO THIS, QUITE FRANKLY, AND I THINK IT'S BEEN DOCUMENTED.
UNFORTUNATELY, I DON'T HAVE THAT INFORMATION AT THE, UM, AT THE TIP OF MY TONGUE RIGHT NOW.
UH, SO MAYBE IN LIGHT OF THAT, I CAN DO ADDITIONAL RESEARCH TO ACTUALLY ASCERTAIN WHETHER THERE'S DOCUMENTATION.
UM, I SUSPECT THE F C C HAS LOOKED VERY CLOSELY AT THIS ISSUE AND IS PROBABLY ISSUED A, UM, CLARIFICATION ON THE POINT.
UM, SO MAYBE WHAT I CAN ASK FOR IS THAT WE STAY THIS MATTER, HOLD IT IN ABEYANCE UNTIL I CAN DO THAT ADDITIONAL RESEARCH AND COME BACK.
UM, I AM QUITE CONFIDENT THAT, UM, YOU KNOW, THERE WERE SOME THINGS LIKE OVER 500,000 AMATEUR RADIO OPERATORS IN THIS COUNTRY.
IF IN FACT THERE HAD BEEN A SERIOUS PROBLEM WITH AMATEUR RADIO COMMUNICATIONS INTERFERING WITH CELL PHONE, UM, COMMUNICATIONS, WE WOULD'VE HEARD ABOUT IT BY NOW.
AS A MATTER OF FACT, THE FEDERAL COMMUNICATION COMMISSION WOULD NOT HAVE ASSIGNED CELL PHONES TO A FREQUENCY WHERE THERE WAS CONCERN.
YOU HAVE TO RECALL THAT THE F C C, THE FEDERAL COMMUNICATION COMMISSION NOT ONLY ASSIGNS AMATEUR RADIO, UH, FREQUENCIES FOR OPERATION, BUT ALSO THE CELL PHONE, UM, FREQUENCIES FOR OPERATION.
YOU KNOW, THEY ARE THE TRUE EXPERTS ON THESE ISSUES.
AND I, I WOULD THINK IF THEY HAD A CONCERN WITH INTERFERENCE OF ANY SORT, UH, IT WOULD'VE BEEN REFLECTED IN THEIR, UH, REGULATIONS.
SO I AM VERY CONFIDENT THAT THE GIVEN TIME I CAN FIND THAT DOCUMENTATION, UH, TO SATISFY, UH, BOTH, UH, MR. BLAND AND, UM, I GUESS IT'S MR. COBIT.
SO I WOULD AGAIN, ASK FOR YOU TO STAY THIS APPLICATION UNTIL I'VE HAD AN OPPORTUNITY TO, UM, REVIEW THAT.
AND, UM, YOU KNOW, I WILL HAVE THAT INFORMATION BY THE DECEMBER, UH, 16TH MEETING OF THIS BOARD TO, UM, TO PROVIDE THAT INFORMATION.
UH, MADAM CHAIRMAN, IS IT POSSIBLE TO, UM, STAY THIS ACTION UNTIL THE NEXT MEETING OF THE BOARD? UH, EVE? YEAH.
AND WE'VE HEARD, AND WE'VE HEARD YOUR REQUEST AND WE'VE HEARD WHAT, UH, MR. KOVI HAS, HAS HAD, HIS CONCERNS ARE ALSO AS WELL AS WHAT MR. BLAND HAS INDICATED.
SO THEREFORE, IT GIVES US A BASIS TO HAVE FURTHER, UH, INPUT.
UH, I WILL GIVE A SUGGESTION 'CAUSE I'M RIGHT HERE NEXT TO THE, UM, RADIO STATION AND I CAN SEE THE TALL TOWER THAT TOWERS UP AHEAD, UM, FROM MY PROPERTY, THE ONE IN, UM, IN HARTSDALE, NEAR FERNCLIFF.
PERHAPS YOU CAN CONTACT THEM AND, UH, MAYBE THEY'LL HAVE LITERATURE.
'CAUSE I'M CURIOUS NOW MYSELF, SINCE, YOU KNOW, I'VE BEEN HERE FOR GOD KNOWS HOW LONG AND I'VE USED MY CELL PHONE.
UM, MAYBE THEY'LL HAVE THAT INFORMATION SINCE THEY, UM, PROBABLY HAVE TO GO THROUGH, UM, UH, SIMILAR, UM, REQUIREMENTS IN ORDER TO, I GUESS OPERATE AND CONTINUE TO OPERATE, UH, THEIR, THEIR, THEIR RADIO STATION WITH SUCH A LARGE CELL TOWER, I'M SORRY, RADIO STATION, UM, TOWER.
YOU'RE REFERRING TO THE, UM, AM RADIO STATION ON CCO? YEAH, YEAH, I'M, I'M, I'M NEAR, I'M NEAR THERE AND ONE OF THE TOWN ME BOARD MEMBERS, LIKE RIGHT ACROSS FROM IT ALSO.
SO I'M CURIOUS TO KNOW, THEY PR THEY MAY HAVE THAT INFORMATION THAT YOU'RE LOOKING FOR READILY.
ANY OTHER COMMENTS? OKAY, THANK YOU.
AND WE WILL GO ON TO THE NEXT CASE ON TONIGHT'S AGENDA, WHICH
[00:40:01]
IS, UM, DOESN'T MATTER, 2127 NICHOLAS AND JOSIEBUT MADAM CHAIR, I DON'T BELIEVE ANYONE'S HERE FOR THE OTHER MATTER, BUT IN CASE THERE IS, UH, I DON'T BELIEVE THE BOARD ADJOURNED, UH, THE 2126, NO, I JUST, I HAD JUST ANNOUNCED THAT THEY HAVE ASKED FOR IT TO BE ADJOURNED, AS OF RIGHT.
IS THERE ANYONE WHO WAS HERE TONIGHT THAT WISHED TO ADDRESS THE BLOOM ENERGY MATTER? OKAY, THEN WE WILL MOVE ON TO THE NEXT CASE THAT I JUST MENTIONED, 2127.
AND WHO IS SPEAKING ON BEHALF OF THE APPLICANT THIS EVENING? UH, NICHOLAS
THIS HERE, UM, 20, UH,
I ALSO HAVE MY ARCHITECT ERIC DAVENPORT ON THE MEETING AS WELL TO ADDRESS ANY, UM, UH, STRUCTURAL, UH, YOU KNOW, ENGINEERING TYPE, UH, CONCERNS REGARDING, UH, THE PROJECT.
UM, AS WE STATED, UH, IN OUR OTHER, UH, MEETINGS, WE'VE ESTABLISHED THAT, UH, WE'VE HAD PRIVACY AND SAFETY CONCERNS REGARDING OUR HOUSE, AND THAT'S WHY WE'RE, UM, ASKING YOU TO APPROVE THIS PROJECT FOR US SO THAT WE CAN HAVE A NEW ENTRANCEWAY THAT WILL NOT HAVE THOSE PRIVACY, UH, CONCERNS.
UM, AND THE SAFETY CONCERNS ARE REGARDING THE GARAGE, WHICH, UH, WILL ALLOW US TO ENTER AND EXIT OUR GARAGE, UM, FROM OUR PROPERTY AND NOT GO ON THE STREET.
UM, AS WE MENTIONED EARLIER, A DOG WAS STRUCK BY A CAR.
UM, LAST WEEK THERE WAS A CAR SIDE SWEPT ON THE SAME BLOCK, A LITTLE FURTHER DOWN WHERE THE STREET'S A LITTLE MORE NARROW, UH, A LOT MORE NARROW.
UM, BUT THAT HAPPENED LAST WEEK.
UM, BUT OUR DESIGN WILL ALLOW US TO SAFELY ENTER AND EXIT, UH, OUR GARAGE WITHOUT HAVING TO WORRY ABOUT ANY OF THE, THE TRAFFIC ON THE STREET.
UM, WE'VE WORKED WITH THE PLANNING BOARD TO ALTER OUR, UH, DESIGN ACCORDING TO THEIR SUGGESTIONS.
UM, INITIALLY WE HAD IT AT ZERO FEET AT THE, UH, RETAINING WALL.
WE DID MOVE IT BACK, UM, A LITTLE OVER TWO FEET.
UH, THIS SEEMED TO BE THE BEST DESIGN THAT THE, UH, PLANNING BOARD ALSO AGREED WITH, THAT IT WOULD, UM, NOT DISTURB THE STEEP SLOPES AS MUCH AS MOVING THE GARAGE FURTHER BACK.
SO, UM, WE WERE ABLE TO GET THEIR POSITIVE RECOMMENDATION REGARDING THIS PROJECT AS IT IS AND AS YOU SEE IT NOW ON YOUR SCREEN.
UM, LAST, UH, MEETING, I BELIEVE THERE WERE REALLY O ONLY WAS ONE A CONCERN WITH ONE OF THE BOARD MEMBERS WHO ACTUALLY, WELL, MAY ONE BOARD MEMBER SUGGESTED IT, AND THEN ANOTHER CAME ON AND SAID, UH, THEY WOULD LIKE TO SEE A COLOR RENDITION OF THE, UM, PROJECT.
SO WHAT WE DID HERE IS WHAT YOU SEE ON YOUR SCREEN IS WHAT YOU SEE IN GRAY IS THE NEW ENTRANCEWAY IN THE BACK, KIND OF BACK MIDDLE OF THE HOUSE.
AND, AND THE FRONT RIGHT OF THE HOUSE IS THE GARAGE.
UM, AND WE HAVE, UH, THE APPROPRIATE STORM WATER, UH, CISTERNS AS WELL, UH, LOCATED ON THE PROPERTY IN THE FRONT, UM, TO MANAGE ANY STORM WATER RUNOFF.
AND WE HAVE PLANTED ADDITIONAL, UM, FOUR TREES ON OUR PROPERTY IN THE BACKYARD TO MAKE UP FOR THE ONE THAT WE POSSIBLY MIGHT BE, YOU KNOW, REMOVING IN VERY RELUCTANTLY.
SO IF WE DO HAVE TO REMOVE IT, I'M GOING TO TRY TO KEEP IT AS MUCH AS WE CAN.
UM, BUT WE HAVE, UH, ADDED, UH, FOUR MORE TREES AS WELL.
UM, I WOULD ASK IF THERE'S ANY QUESTIONS, UH, REGARDING THE PROJECT, UH, IF WE COULD BRING IT UP NOW SO THAT WE COULD ADDRESS IT AS MUCH AS WE CAN.
UM, AND WE WOULD LIKE TO BE READY TO VOTE ON IT, POSSIBLY WITH A STRAW POLL.
AND THEN IF THERE WAS SOMEBODY WHO, YOU KNOW, HAD MORE CONCERNS THAN, YOU KNOW, WE WOULD OBVIOUSLY WANT TO REVISIT IT.
UM, BUT I HAVE ERIC HERE, DAVENPORT, HE'S THE, UH, ENG, UH, ARCHITECT, AND HOPEFULLY HE COULD, UH, TAKE IT FROM HERE IF YOU HAVE ANY QUESTIONS, YOU KNOW, REGARDING THE PROJECT.
I DON'T, I THINK, UM, I THINK NICK ADDRESS THAT, HAVING HEARD THAT.
ARE THERE ANY OTHER CONCERNS THAT ARE RAISED THAT YOU'D LIKE FOR THE ARCHITECT TO ADDRESS? JUST ONE QUESTION, JUST OUTTA CURIOSITY.
WOULD THIS BE A GREEN ROOF THAT'S ON TOP OF THE GARAGE? NO, IT'LL BE, IT'LL BE, UM, A REGULAR JUST SINGLE SLOPE DRAIN TO THE SLIGHT.
ANY OTHER QUESTIONS FROM EITHER THE BOARD OR
[00:45:01]
THE COMMUNITY ALL, WELL, NOT HEARING ANYTHING, UM, RIGHT.I THINK THAT EVERY, EVERYTHING THAT, UH, HAS BEEN RAISED HAS BEEN RESPONDED TO, SO WE WILL DELIBERATE.
SO, MOVING ON TO OUR NEXT CASE ON TONIGHT'S AGENDA, WHICH IS CASE 2130 PAIGE BRODSKY.
AND THAT'S THE PROPERTY AT, I'M SORRY, I, MY SCREEN IS SO SMALL, I HAVE TO LOOK AT IT CLOSELY.
SO, UM, WE ARE HERE ASKING FOR THE VARIANCES TO GET OUR SUBDIVISION, UH, THE VARIANCES, THE SUBDIVISION THAT WE'RE ASKING FOR IS, UH, TO HELP RESOLVE A LONGSTANDING ISSUE WITH THE TOWN.
AND THAT WAS THE WAY THAT IT WAS TOLD THAT, I'M SORRY, I, I DID NOT KNOW I WAS DOING THIS, SO I APOLOGIZE FOR NOT BEING TOTALLY ON TOP OF IT.
UM, THE, YOU DON'T HAVE TO REPEAT WHAT YOU'VE ALREADY PUT IN THE RECORD.
I'M NOT TRYING TO PUT YOU ON THE, ON THIS.
IT'S JUST THAT YOU WERE IN THE FOREFRONT.
NO, NO, NO, THAT'S, THAT'S GREAT.
SO, UM, THE, RIGHT, SO WE WERE TOLD THAT THE PRESERVATION BOARD NEEDED TO GIVE THE, THE THUMBS UP OR AT LEAST TAKE A, TAKE A LOOK AT WHAT WAS HAPPENING.
WE MET WITH THEM LAST WEEK, AND, UH, ASSUMEDLY, YOU HAVE HEARD FROM THEM, AND I'M HOPING THAT IT'S ALL COCE.
THEY SAID ALL WAS WELL, THEY DID.
ANYTHING ELSE YOU WANTED TO ADD?
AND DO WE HAVE ANY QUESTIONS FROM THE BOARD WITH RESPECT TO WHAT HAS JUST BEEN RAISED BY MS. BRODSKY? YEAH, SILENCE IS GOOD.
WE DON'T GET A LOT OF SILENCE IN OUR FAMILY, SO.
AND, UH, ARE THERE ANY MEMBERS OF THE COMMUNITY OR PRESENT TONIGHT WHO WISH TO RAISE ANY ISSUES, CONCERNS, QUESTIONS? I LOVE THE SILENCE.
IT'S THE EASIEST WE'VE EVER BEEN.
HAVING HEARD, UM, NOTHING FURTHER, WE WILL TAKE YOUR CASE UNDER ADVISEMENT THIS EVENING.
AND MOVING ON TO THE FIRST NEW CASE WE HAVE THIS EVENING, WHICH IS CASE 2131 PETER GAINOR, PROPERTY AT SIX VISTA PLACE, HARTSDALE.
AND WHO DO WE HAVE TO PRESENT THIS APPLICATION? UH, GOOD EVENING, UH, MADAM CHAIRMAN, BOARD MEMBERS, UH, MY NAME IS JIM FLARE.
I'M THE ARCHITECT FOR THE, UH, PROJECT.
UM, AT THIS TIME, WE'RE GONNA ASK FOR AN ADJOURNMENT UNTIL, UM, NEXT MONTH FOR DECEMBER TO SEE IF WE CAN GET SOME MORE BOARD MEMBERS, UM, TO MAKE SURE THAT WE COULD TRY TO GET, GET IT APPROVED NEXT MONTH.
IS THERE ANYONE HERE THAT WANTED TO COMMENT ON THIS APPLICATION BEFORE WE LEAVE THIS EVENING? OKAY.
SO WE WILL NOW, UH, GO INTO OUR DELIBERATIONS, AND AS WE INDICATED, YOU'RE WELCOME TO LISTEN, BUT NO FURTHER INFORMATION CAN BE INTRODUCED OR DISCUSSED AT THAT TIME.
SO CAN WE TAKE JUST A FIVE MINUTE BREAK, PLEASE? I'D APPRECIATE IT.
SO IT'S EIGHT 18, I'LL SAY 8 25.
AS WE KNOW, WE ONLY HAVE TO CONSIDER, UH, A FEW CASES AT THIS POINT.
UM, WITH RESPECT TO THE ANTENNA, ARE THERE ANY OTHER ISSUES THAT WE NEED TO RAISE WITH REGARD TO WHAT WE'VE ALREADY HEARD AND WHAT WE'RE LOOKING APPARENTLY TO GET FROM THE APPLICANT? YES.
UH, FIRST OF ALL, THE ISSUE THAT DID COME UP COULD HAVE BEEN ADDRESSED BY A, THE CONDITION THAT WAS IN YOUR DRAFT,
[00:50:02]
WHICH SAID BASICALLY THE, UH, OPERATION OF THE ANTENNA SHALL CEASE IF IT PROVES TO, UH, INTERFERE.BECAUSE, YOU KNOW, YOU, YOU KNOW, PAPERWORK CAN SAY IT MIGHT OR MIGHT NOT INTERFERE, BUT THE PROOF IS IN THE PUDDING.
BUT THE ONE ISSUE THAT HASN'T BEEN RAISED IS IN, UH, SECTION 2 85, 37 A SIX, IT TALKS ABOUT THE TOWN RESTRICTING, N I E R, WHATEVER THAT MEANS, EMISSIONS TO PERMITTED LEVELS.
AND I'M NOT SURE, I ASKED, UM, GARRETT TO SEE IF THERE'S BEEN ANYTHING IN ANY OF THE SUBMISSIONS THAT ADDRESSES THESE EMISSIONS.
AND IF NOT, WE CAN ASK THE, UH, SINCE IT'S APPARENTLY BEING ADJOURNED, WE CAN ASK THE APPLICANT TO, UH, TO ADDRESS THAT ISSUE, CORRECT? YES.
ALONG WITH WHAT YOU INITIALLY SAID, UH, ED, I WAS THINKING ALSO THAT THESE, THE, THESE FOREST, THE CELL, YOU KNOW, THE CELL PHONES ARE CONCERNED, THEY'RE CONSTANTLY MAKING THESE CHANGES AND RIGHT.
YOU KNOW, RECORDING IN PROGRESS, IT WENT FROM THREE G TO FOUR G TO FIVE G VERY QUICKLY.
SO THERE COULD BE SOMETHING THAT COMES UP IN THE FUTURE THAT MIGHT INTERFERE WITH IT, AND THERE WOULD BE NO WAY TO PREDICT THAT NOW.
BUT I WAS THINKING WHAT YOU WERE SAYING, THAT IN THE EVENT THAT THAT SHOULD HAPPEN, THERE WOULD HAVE TO BE, UH, SOME ACCOMMODATION MADE EITHER BY THE APPLICANT TO DO CHANGES IF THAT WERE POSSIBLE, OR HE WOULD PERHAPS HAVE TO CEASE.
RIGHT? I MEAN, BOTH OF THOSE ISSUES, WE COULD ALSO HAVE SAID THAT NO TIME WILL THE ANTENNA EXCEED, PERMITTED NEAR AN I E R EMISSION, UH, STANDARDS DURING OPERATION MM-HMM.
CAROL, DID YOU GET THAT? CAN HEAR YOU, CAROL? YEAH, SHE'S GOT IT.
AND I TOLD HIM ABOUT IT, BUT HE DIDN'T SAY ANYTHING.
I, I REALLY DON'T KNOW WHAT IT IS EITHER, OBVIOUSLY.
ANYTHING ELSE, UM, THAT WE NEED TO, FROM A BOARD MEMBER? ANY OTHER CONCERNS WITH RESPECT TO THE ANTENNA AT THIS POINT? WILLIAM, DID YOU REQUIRE ANY ELUCIDATION OR ELABORATION ON THE FENCE ISSUE? NO, THE FENCE, THE, THE FENCE DOESN'T BOTHER ME.
MY, THE THING IS, I DON'T WANNA SET A PRECEDENT, AS I TOLD YOU, THOSE PREPPERS THAT ARE NOW STARTING TO SURFACE EVERYWHERE YOU ARE GOING, WE ARE GONNA GET MORE AND MORE ANTENNAS, UM, BUNKERS, UH, SELLERS.
IT, IT IS JUST WHAT'S GONNA HAPPEN.
I JUST WANNA MAKE SURE THAT WE'RE PROTECTING THE TOWN AND EVERYONE'S INTEREST BECAUSE NOT EVERYONE WILL LIVE IN A PROPERTY OR LOCATION WHERE THEY CAN ERECT A TOWER TO THAT DEGREE.
UM, AND I KNOW A NUMBER OF PEOPLE WHO'VE GONE OUT AND RECENTLY BEEN, UH, APPROVED TO HAVE HANDHELD HANDHELD RADIOS THAT THEY CAN NOW COMMUNICATE OVER 7, 8, 10 MILES, UH, WITH FAMILY AND FRIENDS THROUGHOUT WESTCHESTER.
SO I, I JUST KNOW THAT THIS IS JUST A WAY OF THE FUTURE.
SO WE JUST HAVE TO BE PREPARED FOR IT AND, AND BE UNDERSTANDING OF WHAT IT IS WE ARE APPROVING.
SO THE NEXT CASE IS 2126, WHICH WAS AS OF RIGHT.
SO THAT ONE WILL BE ADJOURNED.
THEN WE GO TO 2127, WHICH IS 23 SPRINGWOOD AVENUE.
UM, WHERE ARE, WHERE ARE WE WITH THAT, MR. BLAND? THEY WENT BACK AND, AND THEY MADE SOME REVISIONS.
A DOG GOT KILLED ON THE STREET.
MADE, I, I WAS RUSHING TO GET HERE AND A DEER ON THE BRONXVILLE PARK, WHICH TOOK OUT ABOUT FIVE CARS.
WHAT, WHAT? YEAH, JUST NOW, JUST, JUST WHEN I WAS CALLING, WHEN CAROL WAS CALLING ME, SO I DIPPED AROUND FIVE CARS AND RAN OVER TO DEER'S LEG, SO, OH GOODNESS.
THEY, THEY COULD PROVIDE ANY SAFETY AND SECURITY FOR FOLKS, FAMILIES AT
I DON'T HAVE ANY FURTHER QUESTIONS.
[00:55:01]
ANYONE DID TAKE THE CARS OUT IF THERE'S NO OTHER COMMENTS, YOU WANNA TAKE A STRAW VOTE ON IT? AYE, LOU, AYE.IS THERE ANYONE WHO CAN WRITE IT UP THIS EVENING? NOT ME.
LOU, HOW ARE YOU? LOU? GIVE IT TO LOU.
HE PROBABLY ALREADY HAS IT WRITTEN.
SEE, THAT'S A PRETTY COMPLICATED ONE, BUT YEAH, I, I'LL WRITE IT UP COMPLICATED.
DID WE EVER GET RESOLUTION ON THE ROADWAY IN THE WIDTH OF IT? WHEN YOU MEAN RESOLUTION, WHAT ARE YOU REFERRING TO? REMEMBER THAT WAS THAT ODD ROAD WHERE ONCE YOU CROSS OVER TO THE NEXT, GOING INTO THE NEXT LIKE THREE HOUSES DOWN, IT GETS A LITTLE NARROWER BECAUSE THERE'S A CHANGE IN THE JURISDICTION AT THAT POINT, IT'S FINE.
LOU, THE APPLICANT HAS SOME GOOD STUFF IN THE APPLICATION.
I'M SORRY, ROWAN, YOU'RE GETTING CLOSER TO WRITING IT UP.
LOU LOU IS, LOU IS PERFECT FOR THAT.
THE APPLICANT HAS SOME GOOD STUFF IN THE APPLICATION.
YOU, I WAS READING THROUGH IT.
I WAS READING THROUGH ROWAN WILL HELP YOU OUT.
I DON'T EVEN, I'M NOT EVEN QUALIFIED, LOU, BUT AS I WAS READING IT, I SAID THIS IS ONE FOR LOU.
I'M, WHEN I'M NOT ASKING FOR YOU TO WRITE ROWAN, I'M SIMPLY SAYING YOU'LL SUPPLY HIM WITH ANY THOUGHTS YOU HAVE.
AND YOU GUYS CAN COMMUNICATE ON THAT, OKAY? YES, MADAM CHAIR.
AND NEXT IS 2130, WHICH IS SELMA RIVER ROAD.
AND AS FAR AS I KNOW, THERE WAS JUST THE ONE, UH, OUTSTANDING ISSUE WITH RESPECT TO THAT PROPERTY.
IS THERE ANYTHING ELSE THAT WE NEED TO BE CONCERNED? WELL, I WILL, CAN YOU HEAR ME? YES.
I, I KNOW THAT THE H AND L P B IS CONCERNED ABOUT, UH, IF THE SUBDIVISION IS GRANTED, UH, AND OWNERSHIP, UH, IS, UH, DIVIDED BETWEEN THE, UM, SO THAT THEY'RE NO LONGER OWNED BY THE SAME PEOPLE, THAT SOMEBODY COULD COME ALONG AND PUT UP A MODERN, YOU KNOW, A DOMED STRUCTURE OR SOMETHING LIKE THAT, THAT WOULD BE OUT OF CHARACTER WITH THE HISTORIC NATURE OF, UH, THE PRINCIPAL RESIDENTS.
UH, BUT WE'VE HAD DISCUSSIONS ON THAT, AND I BELIEVE THE CONSENSUS IS THAT THAT'S REALLY AN ISSUE THAT THE, UM, THE PLANNING BOARD, UH, SHOULD ADDRESS IN ITS SUBDIVISION APPROVAL AS OPPOSED TO THESE VARIANCES, WHICH REALLY HAVE NOTHING TO DO WITH THAT.
I WAS GONNA SAY, WE'RE NOT, WE'RE NOT INDICATING THAT THE APPLICANT SHOULD HAVE ANY RESTRICTION ON THAT SUBDIVISION WITH REGARD TO WHEN IT IS SOLD.
IS THAT ACCURATE? WELL, THEY WOULD, I THINK THE H AND L PB WOULD LIKE YOU TO, RIGHT, BUT I'M, BUT I'M NOT, I'M NOT SAYING THAT'S SOMETHING THAT WE NORMALLY WOULD DO.
BUT THEY ONLY, THEIR ONLY REQUEST IS NOT THAT THERE BE A, A FIRM, UH, CONDITION ON IT.
BUT SIMPLY THAT IF THE, UH, IF THE SECOND STRUCTURE SHOULD BE MODIFIED OR REMOVED OR REPLACED, RATHER, THAT IT SHOULD GO BACK TO THE PLANNING BOARD AND OR THE HISTORIC BOARD FOR REVIEW, THEY'RE NOT ASKING FOR, FOR YOU TO, TO, UH, IMPOSE A CONDITION.
SO WHO WOULD DO THAT? THAT GIVEN THE FACT THAT WE ARE JUST GIVING THE VARIANCE, DO WE THEN SEND IT BACK TO THEM BEFORE, IN OTHER WORDS, A, UM, NO, I THINK PERMIT WOULD BE ISSUED OR WHAT? THE QUESTION WOULD BE WHETHER YOU WANT TO PUT IN THE CONDITION TO THE VARIANCES SAYING THAT SINCE THE VARIANCES WILL ENABLE THE SUBDIVISION, THAT IT'S THE, UH, THAT, UH, IF AFTER THE SUBDIVISION IS APPROVED, IF IT IS AND THE SECOND STRUCTURE IS REPLACED OR, OR MODIFIED, THAT IT WOULD HAVE TO BE REVIEWED BEFORE ANY BUILDING PERMIT IS
[01:00:01]
ISSUED BY THE PLANNING BOARD AND OR THE H AND L P B.IT'S NOT ABSOLUTELY REQUIRED THAT YOU DO THAT.
THE, WE CAN HOPE THAT THE, UH, PLANNING BOARD WOULD DO THAT.
I'M JUST FORWARDING TO YOU THEIR CONCERN.
BUT WHAT I'M, WHAT, I GUESS WHAT I'M REALLY ASKING YOU IS THAT IF WE MAKE A DECISION ON THIS VER ON THIS APPLICATION, WITHOUT PUTTING IN ANY CONDITION OF THAT NATURE, WHAT WOULD OBLIGATE THE PLANNING BOARD TO STEP IN IF THAT SITUATION WERE TO, TO ARISE? WELL, AND IF I COULD, UM, OH, SORRY.
I WAS JUST GONNA INDICATE THAT, UH, I WAS PRESENT AT THE H AND L P B MEETING AND, UH, VERY COGNIZANT OF THE CONCERNS THAT, YOU KNOW, ED IS MAKING YOU AWARE OF, UH, HERE THAT THE H AND L P B EXPRESSED.
AND, UM, WE'VE WORKED OUT, UH, LANGUAGE, UH, THAT THE H AND L P B WILL SOON FORMALIZE THAT REALLY IS GEARED TOWARDS THE PLANNING BOARD TO RECOMMEND THAT THE PLANNING BOARD IS PART OF THEIR SUBDIVISION APPROVAL, UH, CONDITION THAT SHOULD, YOU KNOW, THE, THE HOUSE BE PROPOSED TO BE MODIFIED OR DEMOLISHED OR ANYTHING OF THAT SORT THAT, UH, THEY RETURN TO THE PLANNING BOARD FOR SUBDIVISION IMPROVEMENT PLAN, UH, AS WELL AS, UH, TO THE HISTORIC AND LANDMARKS PRESERVATION BOARD FOR REVIEW.
SO, UM, THAT, THAT, THAT WILL BE A RECOMMENDATION THAT'S FORMALIZED, I BELIEVE, UH, BY THE H AND L P B.
WE WILL SEND THAT TO THE PLANNING BOARD, UH, AND THEN IT WILL BE THE PLANNING BOARD AS PART OF SUBDIVISION APPROVAL TO, UM, UH, UTILIZE, MAKE THAT A CONDITION, MAKE THAT A CONDITION OR NOT.
AND YEAH, AND I KNOW THAT THE, UH, APPLICANT WAS, UM, PRESENT AT THE H AND L P B MEETING AND, UH, UNDERSTOOD THE CONCERN AND FELT THAT IT'S GOOD BEST FOR ALL PARTIES THAT ANYTHING IN THE FUTURE BE RESPECTFUL OF THE ROMER VAN TASSEL HOUSE.
SO I, I THINK WE HAVE A LOGICAL CONDITION THAT I, I WOULD IMAGINE THE PLANNING BOARD WILL, UH, LIKELY UTILIZE AS PART OF THEIR APPROVAL.
SO ALL WE HAVE TO DO IS DETERMINE THE BAR, THE REQUEST FOR THE SUBDIVISION.
THAT'S, THAT'S ALL YOU HAVE JURISDICTION TO DO.
DO WE HAVE A STRONG VOTE AT THIS POINT? THIS IS A FIRST JUST, I JUST WANNA LAY THAT COMMENT OUT.
IT'S A SHEER DRIVEWAY, RIGHT? UM, THAT THEY WANT FOR, FOR BOTH LOTS.
FROM WHAT I'M READING, THAT'S THE FIRST TIME I BELIEVE THAT'S EVER HAPPENED HERE.
IT WAS WORTHINGTON ROAD SUBDIVISION A FEW YEARS BACK THAT, UM, IT WAS DEEMED BEST TO HAVE ONE DRIVEWAY INSTEAD OF HAVING TWO DRIVEWAYS OVER A STREAM, UH, FOR A TWO LOT SUBDIVISION.
AND, UM, I THINK THERE'S BEEN A FEW OVER THE YEARS FOR SURE.
UM, MAYBE I MISSED THEM OR ONE.
UM, I DON'T HAVE AN ISSUE WITH IT.
SO WHERE'S MY STRAW VOTE? OKAY.
AND I'M IN FAVOR ALSO, UM, ED, IS THIS SOMETHING THAT YOU NEED TO WRITE UP OR CAN WE NO, I, THIS IS A SIMPLE ONE.
WELL, IT'S SIMPLE IN A WAY, BUT IT'S NOT SIMPLE.
I, I INITIALLY THOUGHT THAT WAY ALSO, ROWAN HONEST, I'M READING THIS LETTER AND I'M LIKE, TOO, TOO MUCH STUFF GOING ON HERE.
AND, YOU KNOW, UM, I, I DIDN'T REALIZE THAT WE HAD GRANTED, UH, VARIANCES FOR SHEER DRIVEWAY BEFORE.
'CAUSE WHEN I WAS READING IT, I WAS LIKE, WOW, WE'VE NEVER DONE THIS.
BUT, UM, GIVEN THE CHAIN OF EVENTS THAT UNRAVELED HERE, I'M LIKE, OKAY, THIS MAKES SENSE.
SEEMS LIKE AN AMICABLE RESOLUTION, YOU KNOW, LET'S NOT REPEAT IT.
WHAT LETTER ARE SAYING? YOU REFERRING TO THE ONE, THE ONE DATED SEPTEMBER 7TH, 2021? IT JUST LAYS OUT THE HISTORY.
YEAH, IT JUST LAYS OUT THE HISTORY AS I WAS READING IT.
YOU KNOW, I, UM, I'M USED TO SHARED DRIVEWAY IN BROOKLYN AND QUEENS AND BRONX, BUT I WAS LIKE, WOW, I'VE NEVER, UH, SEEN A SHARED DRIVEWAY COME BEFORE US.
BUT YOU GUYS, IN THIS INSTANCE, ONE OF, IN THIS INSTANCE, ONE OF THE, UM, RATIONALES YEAH.
UM, IN SUPPORT OF THE VARIANCE WOULD BE, UM, THAT IT, THE APPLICANT WOULD NOT BE REQUIRED TO PUT A SECOND CURB CUT ON THE STATE ROAD, UM,
[01:05:01]
AND HAVE TWO ADDITIONAL CURB CUTS.SO, UH, IT'S ESSENTIALLY A, A, A SAFETY FEATURE.
NOW, HAVING SAID THAT, YOU KNOW, IF, IF THE SECOND LOT IS REDEVELOPED, IN ALL LIKELIHOOD IT WOULD MAKE SENSE FOR A NEW DRIVEWAY CURB CUT TO BE ESTABLISHED.
UM, BUT FOR THE INTERIM, WITH WHAT'S PROPOSED NOW IN THE HOUSE TO STAY ON LOT TWO, UM, THE, THE, THE BENEFIT TO THE APPLICANT AND TO THE COMMUNITY AT LARGE WOULD BE, UH, NOT CREATING THAT SECOND DRIVEWAY ON SAWMILL RIVER ROAD.
ALRIGHT, WELL IT SOUNDS LIKE IT'S GOING TO BE, UH, UH, ADJOURNED FOR DECISION ONLY.
AND THEN THAT LEAVES US WITH 2131 WHO HAS ASKED, BASED UPON THE FACT THAT WE ONLY HAVE FOUR MEMBERS TO PERMIT THIS CASE TO BE PUT ON THE AGENDA FOR NEXT MONTH.
IS THERE ANY OBJECTION TO THAT? NO.
NOW, ED, DO WE HAVE TO VOTE ON THAT? BECAUSE WE ESSENTIALLY GAVE THEM THE ABILITY TO MAKE THAT REQUEST AT OUR INVITATION.
SO I WOULD SIMPLY SAY THAT IN ACCORDANCE WITH THE APPLICANT'S REQUEST, BE ADJOURN, ADJOURN FOR ALL PURPOSES, UH, TO THAT MEETING BASED, BASED UPON THE, THE FACT THAT THERE WERE ONLY FOUR MEMBERS AVAILABLE THIS EVENING.
SO WE'RE, WE'RE JUST, UH, WAITING ON THAT ONE DECISION.
ROWAN, HELP LEE OUT, UH, UH, LOU OUT SO WE CAN GET THIS, UH, DONE.
UH, LOU, I WANNA WISH HAPPY HEALTHY THANKSGIVING TO EVERYONE.
UH, WHAT'S UP WITH, UM, STEVEN
OH, OH,
YEAH, I THINK YOU HAVE TO DO THAT.
AND YOU DON'T NEED MY HELP WITH THIS THING.
SO CAROL, WHAT DO WE HAVE COMING UP? NO, I REALLY CAN'T HEAR YOU.
I THINK YOU HAVE TO UNMUTE YOUR OTHER DEVICE THERE.
SHE, SHE'S NOW CAN YOU HEAR ME? YES, NOW I CAN.
IT DEPENDS ON HOW I HOLD MY PHONE.
UM, IN ADDITION TO THE FOUR CASES THAT WE'VE ADJOURNED.
WELL, ONE FOR DECISION ONLY, WE HAVE TWO OTHERS.
SO IT'S NOT A HEAVY, HEAVY AGENDA.
I'M JUST HOPING WE HAVE MORE PEOPLE.
WELL, I, I, I KNOW NO REASON WHY I SHOULDN'T BE HERE NEXT MONTH, TO BE HONEST.
I HADN'T REALLY PLANNED ON THIS TRIP, BUT IT SUDDENLY POPPED UP THEN.
I WANTED TO WISH MY SON A HAPPY BIRTHDAY.
YES, BUT HE HAS A BABY HERE THAT STARTS ME ALL OVER AGAIN.
THAT'S YOUR GRANDSON THAT I KEEP HEARING.
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ME GRUMPS AND LOVESYOU KNOW, SO LOOKING FORWARD TO, UH, THANKSGIVING.
WE'RE HAVING THANKSGIVING THIS YEAR.
THEY WERE LIKE A MINUTE APART.
SO, AND THEY, YOU KNOW, THEY'RE GETTING OLDER.
SO, UH, MY TWO OLDER ONES ARE COMING IN.
I'VE GOTTA GO PICK UP ONE WHEN I'M DONE
AND THE OTHER ONE IS COMING IN TOMORROW.
SO, YOU KNOW, SO THE YOUNGER ONE HERE.
SO WE'RE HEADING THERE, YOU KNOW, ENJOYING THEM AS MUCH AS WE CAN.
IF YOU, YOU REMEMBER THAT MEETING? THAT ONE WAS LOST AND I HAD TO LEAVE AND ALL OF THAT.
AND YOU KNOW, MOM HAS THE SAME ISSUE.
SHE'S UPSTAIRS NOW, BUT THEY GET ALONG SO WELL.
THEY'RE LIKE, THEY'RE NOT LISTENING TO WHAT ANYBODY SAYS,
THEY JUST, THEY JUST WANNA GET TOGETHER.
'CAUSE IT'S BEEN LIKE THAT FOR 20 SOMETHING YEARS.
AND LAST YEAR, WE, LAST YEAR WE SKIPPED IT.
SO THEY'RE GETTING ALL THE GRANTS TO COME IN.
I WANNA HEAR EVERYBODY'S FAVORITE DISH AND MAYBE HOW TO MAKE IT
YOU HAVE SOMETHING UP YOUR SLEEVE THERE? IT DEPENDS ON THE SEASON.
NO, WE'RE TALKING ABOUT THANKSGIVING HERE, MAN.
DEPENDS ON WHAT YEAR, HOW I FEEL.
UM, I REMEMBER ABOUT FOUR YEARS AGO, I HAD A FRIEND COME OVER.
WE USE THIS AND SEASONING FOR, OH MAN.
SO IT WAS THE FIRST TIME I HAD IT, AND IT WAS ABSOLUTELY MATTER OF FACT, THE, THE TURKEYS WERE GOING SO FAST.
I KNOW MY NEIGHBORS MUST HAVE WENT A LITTLE NUTS, LIKE, YOU KNOW, WHERE ARE ALL THESE CARS COMING FROM? BUT HE STARTED SOME BACKYARD.
UM, AND ABOUT MAYBE 10, 15 PEOPLE CAME TO PICK UP TURKEYS, UH, THROUGHOUT THE DAY.
UM, BUT MY MOTHER HAS HER OWN VARIANT OF MAC AND CHEESE THAT TAKES ABOUT TWO OR THREE DIFFERENT CHEESES AND A TON OF BUTTER AND MILK AND SOME OTHER STUFF THAT SHE PUTS TOGETHER.
UM, I HAVE ANOTHER AUNT WHO MAKES A NICE, SOMETHING CALLED AMBROSIA.
RIGHT? THAT'S AN OLD SOUTHERN DISH.
AND THAT'S A, THAT'S A FAVORITE.
AND IN SOME YEARS I JUST HAVE THE STRANGE HANKERING FOR STUFFING.
SO THERE'S CERTAIN YEARS THAT SOME PEOPLE CAN MAKE LIKE A BREADED STUFFING THAT I, I DON'T EVEN HOW TO REALLY EXPLAIN IT, BUT IT'S ALMOST, I WOULDN'T SAY CORNBREAD, BUT IT'S ALMOST, IT'S A BREADED STUFFING THAT IS FULL OF SEASONING AS WELL.
SO IT DEPENDS ON THE YEAR, DEPENDS.
AND OBVIOUSLY THE, THE, UH, SWEET POTATOES IS ALWAYS, UH, A GOOD ONE.
AND I HAD A FRIEND CALLED ME TODAY, MY MOTHER MAKES THIS BAKED HAM THAT SHE TAKES A HALF A DAY TO MAKE.
SO HE SAID, PLEASE TELL YOUR MOTHER TO SAVE ME A PIECE OF THAT HAM.
SO
I WOULD FIT RIGHT INTO YOUR THANKSGIVING BECAUSE EVERYTHING YOU SAID WORKS FOR ME.
I'LL TELL YOU, THE FIRST TIME WE HAD FRIED TURKEY, AND ACTUALLY IT'S THE SON THAT I'M VISITING HERE IN CALIFORNIA.
HIS, HIS FRIEND, BECAUSE HE LIVED THERE WITH US THEN WAS DOING THESE FRIED TURKEYS, WHICH I'VE NEVER HEARD OF.
AND SO I SAID, WELL, WHY DON'T YOU GET, YOU KNOW, WHY DON'T YOU GET HIM TO BRING UP ONE OVER SO WE CAN SEE WHAT IT'S ALL ABOUT? BUT MEANWHILE, NOT KNOWING WHAT IT WAS ABOUT, I HAD DONE OUR TRADITIONAL TURKEY.
SO HE GETS THERE WITH THIS TURKEY AND IT COMES IN AND WE ARE PLAYING, I DON'T KNOW IF WE WERE PLAYING SPADES OR WE HAVE THIS OTHER GAME WE CALL TURKEY FOOT THAT WE WERE PLAYING.
SO WE'RE PLAYING THIS GAME AND THERE'S A BUNCH OF US AND HE COMES IN WITH THE TURKEY AND I SAID, OKAY, JUST LEAVE IT THERE.
WE'RE NOT EATING FOR ANOTHER WHATEVER.
HE SAYS, WELL YOU GOTTA EAT IT WHILE IT'S HOT OR WARM.
I SAID, WHAT DO YOU MEAN? HE GOES, NO, YOU GOTTA EAT IT NOW.
SO HE SAID, OKAY, YOU YOU, YOU MADE THE TURKEY FOREST, YOU BROUGHT IT OVER.
WELL I HAVE TO TELL YOU, BEFORE WE SAT DOWN AGAIN TO PLAY THE GAME GONE, THE TURKEY WAS GONE.
SO WE HAD TO PUT DINNER OFF A COUPLE HOURS
IT'S NOT, AND I KNOW WHEN I FIRST HEARD ABOUT THOSE, MAYBE LIKE FRIED CHICKEN, BUT IT'S THAT GUYS, GUYS, IF UM, IF, IF, I GUESS IF WE NEED A FEW MORE MINUTES FOR LOU, I WE COULD PAUSE 'CAUSE WE'RE RUNNING LIVE HERE.
LOU GIVE US A HAND WHEN YOU THINK YOU'RE READY.
AND IF THERE'S NO MORE DELIBERATIONS, I GUESS JANELLE, I'M GONNA PAUSE RECORDING AND UM, IF, IF LOU NEEDS A COUPLE MORE MINUTES, THERE'S NO RE YOU KNOW, WE'LL
[01:15:01]
YOU MAY HAVE STEPPED AWAY TO USE THE RESTROOM OR SOMETHING, BUT, UH, OKAY.SO HOPEFULLY WE'RE, WE'RE BACK.
YEAH, I WAS GONNA SAY GETTING BACK TO
[01:24:24]
ALL SET, MADAM CHAIR AND WE ARE BACK ON THE RECORD.UH, HAVING HAD OUR DELIBERATIONS FOR THIS EVENING AND PREPARED TO, UH, GO FORWARD WITH UH, THE RESULTS OF THOSE.
THE FIRST CASE IS CASE 2111, WHICH I'D PREVIOUSLY SAID, UM, WE HAVE ADJOURNED FOR ALL PURPOSES AND THAT WILL BE TO THE MEETING OF DECEMBER 16TH.
AND BASED UPON THE APPLICANT'S REQUEST FOR AS OF RIGHT ADJOURNING, UH, ADJOURNMENT, I'M SORRY, UH, CASE 2126 BLOOM ENERGY IS ALSO UM, ADJOURN FOR ALL PURPOSES TO
[01:25:01]
THE MEETING OF DECEMBER 16TH.UM, THAT CASE, WHICH IS THE ANTENNA CASE, WILL ALSO BE ADJOURNED FOR ALL PURPOSES TO THE MEETING OF DECEMBER 16TH.
AS THE APPLICANT HAS UH, INDICATED THAT THERE'S INFORMATION THAT HE WILL BE PROVIDING AND FURTHERMORE HAS BEEN, UH, REQUESTED.
THE NEXT CASE IS CASE 21 27, 23 SPRINGWOOD AVENUE.
AND DO I HAVE A MOTION? UH OH ARE SEEKER, WHEREAS NOW IS THAT, THAT'S AN ACTION TWO.
YEAH, TYPE TWO I'M SAYING GARRETT.
YES, I'M SORRY I STEPPED AWAY.
UM, THIS IS, IT'S SPRING SPRINGWOOD, UH UH, YES.
UH, I THINK IT'S DIFFERENT THOUGH, ISN'T IT? PLANNING BOARD, UM, MADE A NEGATIVE DECLARATION AS PART OF A, UH, AS PART OF A COORDINATED REVIEW.
I'M GONNA CONFIRM THAT RIGHT NOW, BUT YEAH, IF NOT, IT'S A TYPE TWO.
SO, UM, ULTIMATELY WE'RE GOOD EITHER WAY.
SO WHERE IS THE GREENBERG? UM, WHERE IS THE GREENBERG PLANNING BOARD? IS THAT CORRECT? YES.
UH, HAS REVIEWED AND RECOMMENDED A C A COMPLIANCE AND HAS FOUND THAT THERE'S BEEN A NEG NEGATIVE DECLARATION AS PART OF THE COORDINATED REVIEW AND THEREFORE ALSO THIS IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
AND DO I HAVE A MOTION A SECOND? I'M SORRY, NOT A MOTION.
I MOVE THAT THE APPLICATION IN CASE NUMBER 2127 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENT AND THAT CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS STATED JUNE 2ND, 2021 ALONG WITH THE WEST ELEVATION OPTION ONE A DATED OCTOBER 26TH, 2021, SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS ANY SUCH PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATIONS DO NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN AND THAT THE VARIANCE IS BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLANS SUBMITTED IN SUPPORT OF THIS APPLICATION.
ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
SECOND, JUST JUST ONE FINAL NOTE JUST TO CLARIFY THE INITIAL WORDS AND I APOLOGIZE.
SO THE PLANNING BOARD AND THE ZONING BOARD HAVE NO SECRET RESPONSIBILITIES.
THEN THE RECORD WILL BE CORRECTED TO REFLECT THAT PLEASE.
IN GRANTING THIS APPLICATION, THE ZONING BOARD HAS WAIVED THE BENEFIT TO BE DERIVED BY THE APPLICANT FROM THE PROPOSED VARIANCE AGAINST THE IMPACT THAT THE VARIANCES 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 OF DISTRICT OR DISTRICT BECAUSE THE DESIGN WILL BE IN THE CHARACTER AND SCALE OF THE NEIGHBORHOOD AND ALSO PROVIDE A CURATED TERRORIST LANDSCAPE WITH ELEMENTS AND STRUCTURES BUILT TO LAST AS OPPOSED TO THE CURRENT DEGRADING RETAINING ELEMENTS.
THE PROPOSED GARAGE WILL HELP TO REMOVE STREET PARKING TO REDUCE THE VISUAL CLUTTER OF THE STREET SCAPE.
HOW'S THAT? THE GOAL OF THE APPLICANT CANNOT BE ACHIEVED BY SOME OTHER FEASIBLE MEANS WITHOUT REQUIRING THE VARIANCES WE ARE GRANTING NOW
[01:30:01]
BECAUSE OTHER LOCATIONS THAT WOULD BE CLOSER TO THE HOUSE FOR THE GARAGE WOULD RESULT IN A DANGEROUSLY STEEP DRIVEWAY, UM, AN 80 TO 90% SLOPE AND WOULD ALSO REQUIRE A ROCKLEDGE AND TREE REMOVALS.IT WOULD ALSO REQUIRE A MASSIVE AMOUNT OF MATERIAL TO BE DISTURBED AND DISCARDED AND WOULD ALSO DISTURB AN EXISTING WORKING STORM WATER RUNOFF CONDITION AND WOULD THEN REQUIRE AN EVEN LARGER STORM WATER RUNOFF SYSTEM.
THE, UH, REQUESTED VARIANCES ARE NOT SUBSTANTIAL IN RELATION TO THE REQUIREMENTS SOUGHT TO BE VARIED IN THAT WITH ONLY A 2.5 FOOT FRONT YARD, UM, WHICH IS A 4% INCREASE, I'M SORRY, A 0.4% INCREASE IN COVERAGE FOR THE GARAGE AND THE MINIMAL SIDE YARD AND DISTANCE FROM THE PRIMARY STRUCTURE, THEN A TYPICAL GARAGE FOOTPRINT, THEN THE SITE ALLOWS.
AND FINALLY THE APPLICANT'S NEED FOR THE VARIANCE WAS SELF-CREATED BECAUSE HE PURCHASED A PROPERTY WITH THE KNOWLEDGE OF THE REQUIREMENTS OF THE ZONING ORDINANCE.
HOWEVER, THE FACT THAT AN APPLICANT'S NEED FOR AN AREA OF VARIANCE IS SELF-CREATED DOES NOT BY ITSELF REQUIRE US TO DENY THAT AREA OF VARIANCE.
IN THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 2130, WHICH IS, UH, CLOSED FOR DECISION ONLY AND THAT WOULD BE ON THE AGENDA ON THE AGENDA OF 1216.
AND THE LAST CASE WE HAVE IS CASE 2131, THAT AT THE APPLICANT'S REQUEST, DUE TO THE FACT THAT WE HAVE A LIMITED NUMBER OF BOARD MEMBERS AVAILABLE THIS EVENING, NAMELY FOUR, UH, THEY'VE REQUESTED THAT IT BE PUT OVER TO AGAIN OUR NEXT MEETING, WHICH WOULD BE DECEMBER 16TH.
AND WITH THAT, I BELIEVE WE ARE CONCLUDED WITH WHAT WE'VE HAD ON OUR AGENDA TODAY.
I WISH EVERYONE A HALE AND HARDY THANKSGIVING AND LOOK FORWARD TO SEEING YOU ALL JUST BEFORE OUR HOLIDAYS.
JOHN, HAVE A SAFE THANKSGIVING BACK.