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WILL WAIVE THE READING OF THE PROPERTY[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS ONLINE VIA ZOOM AGENDA THURSDAY, JANUARY 20, 2022 – 7:00 P.M. Due to the COVID-19 pandemic, this meeting will take place via Zoom. If you would like to participate in the public hearing, you must pre-register through the Department of Community Development and Conservation by emailing publichearing@greenburghny.com or calling 914-989-1531, specifying the application that you would like to speak on. Instructions to participate will then be emailed to you or you will receive a return phone call. Planning/Zoning board meetings will not be broadcast live on CABLE TV due to technical difficulties with our system after last night's power outage. However, the meetings can be viewed LIVE on the TOWN WEBSITE and via ZOOM. For the cable broadcast, they will have to wait for it be aired on cable the following day and/or this weekend, beginning Friday. ]
LOCATION AND THE RELIEF SOUGHT FOR EACH CASE.HOWEVER, THE RE THE RECORDER WILL INSERT THIS INFORMATION IN THE RECORD.
THIS INFORMATION ALSO APPEARS IN THE AGENDA FOR TONIGHT'S MEETING.
AFTER THE PUBLIC HEARING OF TONIGHT'S CASES, THE BOARD WILL MEET IN THE ZOOM ROOM TO DISCUSS EACH CASE.
EVERYONE IS WELCOME TO LISTEN TO OUR DELIBERATIONS, BUT THE PUBLIC WILL NOT BE PERMITTED TO SPEAK OR PARTICIPATE.
AFTER OUR DELIBERATIONS ON ALL THE CASES, WE WILL COME BACK AND ANNOUNCE THE BOARD'S DECISION FOR THE FORMAL RECORD AND TO BE BROADCAST TO THE COMMUNITY.
IF YOU'RE GOING TO SPEAK TONIGHT, YOU MUST STATE YOUR NAME AND ADDRESS OR YOUR PROFESSIONAL AFFILIATION.
UM, I ALSO, UH, WANNA MENTION BEFORE WE START THE MEETING THAT WE ONLY HAVE FOUR BOARD MEMBERS AT TONIGHT'S MEETING, RATHER THAN OUR USUAL SEVEN.
SO THIS MEANS THAT ALL OF US HAVE TO VOTE UNANIMOUS UNANIMOUSLY TO GRANT EACH VARIANCE REQUEST.
IF WE DON'T ALL AGREE AND VOTE UNANIMOUSLY FOR YOUR VARIANCE, THEN YOUR APPLICATION WOULD BE DEEMED DENIED.
UH, HAVING SAID THIS, WE GIVE YOU THE CHOICE OF EITHER MOVING AHEAD WITH YOUR CASE TONIGHT AND LETTING US HEAR THE MATTER, OR YOU MAY ADJOURN YOUR CASE AND RETURN NEXT MONTH WHEN WE HAVE MORE BOARD MEMBERS.
SO IF ANYONE HERE WOULD LIKE TO REQUEST THAT THEIR CASE BE HEARD NEXT MONTH, UH, PLEASE DO SO NOW AND STATE YOUR NAME AND CASE NUMBER FOR THE RECORD.
SO THE, UM, FIRST CASE WE'LL BE HEARING TESTIMONY ON TONIGHT IS CASE NUMBER 2133 BLUE, UH, NO, SORRY, JESSICA ANTONELLA AND LEXI CASSANO FOR 100.
WE'RE GONNA TURN IT OVER TO JOSH, OUR ARCHITECT, WHO WILL BE RUNNING THE SHOW FOR US.
UH, MY NAME IS JOSH HEITLER FROM HEITLER HOUSTON ARCHITECTS.
UM, MADAM CHAIR, WE OBVIOUSLY PRESENTED LAST MEETING.
DO YOU WANT US TO PRESENT AGAIN? WHAT WOULD YOU LIKE US TO DO? UM, YOU KNOW WHAT? I WASN'T, I DON'T THINK I WAS AT THE LAST MEETING.
UM, WHAT, SO I GUESS MAYBE GIVE A BRIEF SUMMARY.
IT'S BEEN A LONG MONTH FOR ME.
STEVE, DO YOU REMEMBER ON THIS ONE THE NEIGHBOR HAD WRITTEN IN AND ASKED FOR AN ADJOURNMENT SO THAT THEY COULD GET A, WASN'T IT A SURVEY? OH, OH, OH, OH.
AND THEN, SO WE HAD JUST SAID THAT, UM, WE WERE WAITING TO HEAR FROM THE NEIGHBOR TO GIVE THEM AN OPPORTUNITY TO SPEAK.
WELL, IS THE NEIGHBOR HERE AT TONIGHT'S MEETING? I KNOW WE GOT SOME CORRESPONDENCE VIA MEETING.
AND, UM, I JUST HAD ONE QUESTION.
SINCE THE, THE EXTENSION OF THE DECK IN THE BACK IS GONNA HAVE A ROOF.
I'M WONDERING IF THERE WAS ANYTHING DONE.
I THINK THAT'S THE WRONG CASE.
I DON'T THINK THAT'S OUR CASE.
SORRY, I DON'T MEAN TO INTERRUPT.
I JUST, I DOESN'T SOUND LIKE IT.
UH, MADAM CHAIR, UH, MARIA SILVER IS THE NEIGHBOR THAT HAD REQUESTED THE ADJOURNMENT AND SENT IN THE INFORMATION.
SO MARIAS IS MS. SILVER IS NOT HERE.
AND SO WE HAVE HER, UM, SHE'S HERE.
DOES SHE WANT TO SPEAK? NO, SHE'S REQUESTING, SHE'S SAYING SHE PUT IN THE CHAT.
'CAUSE I THINK JOSH WAS GONNA GIVE A QUICK RECAP FOR EVERYONE'S REFERENCE.
WE'D THINK YOU'D HAVE, WE'D HAVE THE HANG OF IT.
UM, OVER HERE ON THE SCREEN, WE HAVE A OVERALL SITE PLAN.
THE NEW ADDITION IS IN THIS REDDISH BOX HERE.
IT'S A VERY SMALL ADDITION WITHIN THE EXISTING FOOTPRINT OF THE HOUSE, BUT A PORTION OF IT, IT COMES DOWN NOW, REQUIRES RELIEF FROM THE STRICT, UH, ADHERENCE OF THE ZONING CODE.
MOSTLY WITH TO DO WITH SIDE, UM, SETBACK.
SO THE REQUIRED SIDE SETBACK FOR A SINGLE SIDE IS 12 FEET.
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THAT'S THIS RED DOTTED LINE.THE EXISTING IS ACTUALLY 3.8 FEET, BUT THAT OCCURS AT THE EXISTING HOUSE OVER HERE.
AND THE PROPOSED IS 8.41 FEET, WHICH IS, UH, AGAIN, OVER HERE.
SIMILARLY, THE COMBINED SIDES REQUIRED IS 26 FEET, UH, EXISTING IS 14.
THAT OCCURS AGAIN ALONG THIS EDGE OF THE EXISTING HOUSE.
AND THE PROPOSED IS 18.58, WHICH OCCURS HERE.
UH, THE PURPOSE OF THE ADDITION IS TO CAPTURE AN EXISTING COVERED PORCH AND CONVERTED INTO KITCHEN.
UH, THIS IS FOR THE PURPOSES OF HAVING A LARGER MODERNIZED KITCHEN THAT COMMUNICATES WITH THE FAMILY ROOM.
UH, IT WILL ALSO ADD A, ALLOW THE ADDITION OF A POWDER ROOM ON THE GROUND FLOOR WHERE THERE ISN'T CURRENTLY, UH, ANY FACILITIES.
THE, UM, EFFECT TO THE EXTERIOR WILL BE MINIMAL, AGAIN, WITHIN THE FOOTPRINT AND THE OVERALL MASSING OF THE BUILDING.
THIS IS THE EXISTING REAR ELEVATION WITH THE OPEN COVERED PATIO.
THIS IS THE PROPOSED, THIS IS THE EXISTING SIDE ELEVATION WITH THE OPEN, UH, COVERED PATIO.
AND HERE IT IS, UH, AS PROPOSED.
THE ADDITION IS NOT VISIBLE FROM THE STREET.
THIS IS A STREET VIEW ON THE LEFT AND, UH, A BACKYARD VIEW ON THE RIGHT.
UH, WHICH I THINK IS PROBABLY THE BEST ILLUSTRATION OF, OF THE PLAN, WHICH IS ESSENTIALLY TO FILL IN THIS PART OF THE EXISTING HOUSE, AGAIN UNDER THE, UH, EXISTING ROOF LINE, WITHIN THE EXISTING BULK MASSING AND WITHIN THE EXISTING FOOTPRINT.
UM, I DON'T KNOW IF THE NEIGHBOR'S READY, BUT I, I DON'T KNOW IF THERE ARE ANY QUESTIONS IN THE MEANTIME.
DOES ANYONE HAVE ANY QUESTIONS FROM THE BOARD? NO, I, I WOULD JUST LIKE TO SAY I ACTUALLY TRULY APPRECIATE THE RENDITION THAT THE ARCHITECT HAS PROVIDED.
UM, I ALMOST WANNA CLONE IT SO THAT PEOPLE IN THE FUTURE WILL PRESENT THIS WAY.
I, I REALLY DO APPRECIATE THIS.
UM, DOES THE APPLICANT HAVE ANY, UM, COMMENTS TO THE NEIGHBOR'S SUBMISSION? UM, UH, I'M GONNA DEFER TO JOSH.
JOSH, DO YOU WANNA GIVE COMMENTS ON THE NEIGHBOR? BECAUSE I DID LOOP JOSH IN, 'CAUSE HE'S REALLY THE EXPERT HERE.
I HIRED AN EXPERT FOR A REASON, SO I'D RATHER DEFER TO JOSH TO, UM, ADDRESS.
WELL, I MEAN, AS YOU MAY RECALL, AT THE PREVIOUS HEARING, UM, THERE WAS AN AGREEMENT TO SEND ANY QUESTIONS IN ADVANCE.
UM, I BELIEVE THE DEADLINE WAS JANUARY 10TH.
UM, AND WE DID RECEIVE SOME EMAIL COMMUNICATIONS.
I BELIEVE CAROL WAS COPIED ON THEM.
SO I DON'T KNOW IF THEY WERE PROVIDED TO THE BOARD OR NOT.
UM, YOU KNOW, I THINK, UH, I DON'T, AGAIN, I DON'T WANT THE TAKE THE OPPORTUNITY FOR THE NEIGHBOR TO ACCURATELY, UM, SAY WHAT IT IS THAT HER ARE HER CONCERNS.
BUT, YOU KNOW, TO THEY, THEY SEEM TO BE, UM, MORE ABOUT, UM, HEALTH WELL WELFARE, UH, AND LIFE SAFETY THAN ABOUT ZONING.
UM, AND I THINK MAYBE THE CLARIFICATION WOULD BE THAT, JUST TO UNDERSTAND THAT THIS IS JUST ONE STEP IN THE PROCESS.
AND, YOU KNOW, IF WE'RE FORTUNATE ENOUGH TO GAIN A ZONING APPROVAL, WE STILL HAVE THE ENTIRE PERMIT PROCESS, UH, THE REQUIREMENTS TO MEET CODES, UH, ALL THE INSPECTIONS, UH, THE REQUIREMENT TO HAVE A LICENSED PROFESSIONAL, MYSELF STAMPED THE DRAWINGS, HAVE A LICENSE AND BONDED CONTRACTOR.
SO, YOU KNOW, WHILE WE CERTAINLY UNDERSTAND THAT IT'S IN EVERYONE'S INTEREST TO, TO DO THIS CONSTRUCTION SAFELY, UM, WE, WE WEREN'T SURE IF THERE WERE ANY ZONING QUESTIONS, UM, THAT WERE RAISED.
AND I WOULD JUST ADD THAT YOU OF COURSE HAVE TO FOLLOW ALL OF THE TOWN'S CONSTRUCTION PROTOCOLS PRIOR TO DOING ANY OF THE WORK AND GETTING A BUILDING IN ORDER TO GET THE BUILDING PERMIT.
SO, YEAH, AND I, AND I THINK IN FAIRNESS TO THE APPLICANT, UM, THEY'VE DONE EVERYTHING AND ARE, ARE WILLING TO DO EVERYTHING.
THERE'S NO ATTEMPT HERE TO, UH, UM, TO DO ANYTHING.
I MEAN, OBVIOUSLY THIS IS THE, THIS IS THEIR NEIGHBORHOOD.
HAS THERE BEEN ANY DISCUSSION WITH THE NEIGHBOR SINCE, UM, ALL THE, THEIR, THEIR CONCERNS AS WELL AS ANY RESPONSES TO THEM? HAS THERE BEEN ANY FURTHER DISCUSSION REGARDING THIS AS TO WHETHER OR NOT YOU BELIEVE THAT IT'S BEEN RESOLVED? UM, UM, I DON'T IF YOU WANNA COMMENT ON THAT
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THERE, IT'S UNCLEAR WHAT NEEDS TO BE RESOLVED AT THIS STAGE BECAUSE AT THIS STAGE WE'RE JUST SEEKING THE VARIANCE.SO THE NEIGHBOR AND MARIA, I DON'T KNOW.
IT LOOKS LIKE YOUR INTERNET'S BACK ON.
SO IF YOU WANTED TO RAISE YOUR CONCERNS, THEN WE CAN TURN THE MIC OVER TO YOU TO, TO ADDRESS.
UH, SORRY ABOUT THAT TECHNICAL DIFFICULTY.
AND FIRSTLY, I'D LIKE TO THANK THE BOARD AND THE STAFF FOR GIVING ME THE, UH, COURTESY OF NOT CONSIDERING THIS MATTER LAST MONTH WHEN I WAS UNABLE TO ATTEND.
MY CONCERN DOES HAVE TO DO WITH HOW THE CONSTRUCTION WILL PROCEED.
THE INFORMATION THAT WAS GIVEN REGARDING HOW THE FOOTING AND THE FOUNDATION WILL BE CREATED, UM, DOES NOT ADDRESS THE FACT THAT INEVITABLY THERE WILL BE EARTH TO CREATE THE HOLE FOR THIS FOUNDATION TO BE CREATED.
HOW WILL THIS HOLE BE SUPPORTED? UM, THE BOUNDARY LINE OF THE PROPERTY LINE WILL BE EITHER VERY CLOSE TO, OR PERHAPS EVEN BEYOND WHAT IS NOW THE, UM, PROPERTY LINE THAT IS DEFINED BY, AS I THINK MAYBE THE GROUP SAW, UM, SOME IVY AND SOME RHODODENDRONS AND, UH, A LARGER BUSH.
UM, THE HOLE AS, UM, IT APPEARS TO BE NECESSARY TO CREATE A FOUNDATION OF THE, UH, NEW ADDITION WOULD BE POSSIBLY EVEN AS CLOSE AS 10 FEET FROM MY HOUSE.
I WOULD LIKE A PROFESSIONAL ENGINEER, A STRUCTURAL ENGINEER ACTUALLY I THINK WOULD BE A GOOD IDEA TO ASSESS THIS, ASSESS THIS, HOW WILL THE HOLE BE BRACED? WHAT KIND OF MEASURES WILL BE USED TO ASSURE THE SAFETY OF THIS HOLE? DOES THE APPLICANT WANNA RESPOND? I I, I WILL JUST SAY, AND JOSH, MAYBE YOU COULD PULL UP THE DRAWINGS AGAIN.
'CAUSE I WANNA MAKE IT VERY CLEAR TO THE BOARD AND WHAT, WHAT HAS BEEN COMMUNICATED TO MARIA IS THAT THERE ARE NO PLANS OUTSIDE OF THIS CONSTRUCTION, WHAT JOSH HAS SHOWN IN THE, THE PLANS.
SO JOSH, MAYBE JUST GO TO THE ONE WHERE YOU SEE THE BACKYARD OR THE LAYOUT, THE, THE SHINGLES TOO.
LIKE WHERE YOU SEE WHAT THE RENDERING, WHAT IT WILL LOOK LIKE.
I WANNA BE CLEAR, WE ARE NOT PLANNING ANY FURTHER GARDEN OR LANDSCAPING, UM, PROJECTS AT THIS TIME.
NOR DO WE PLAN TO IN THE IMMEDIATE FUTURE.
RIGHT NOW, LIKE AS YOU ALL KNOW, CONSTRUCTION COSTS A LOT OF MONEY AND WE'VE ALREADY, YOU KNOW, WORKING WITH AN ARCHITECT SPENDING THAT MONEY.
SO WE'RE AT THIS TIME, THE, THE ARCHITECT PROD THE, WHAT JOSH HAS SHOWN YOU TODAY IS OUR ONLY PLANS AT THIS TIME.
AT A LATER DATE, WE MIGHT CHOOSE TO DO SOME OTHER LANDSCAPING, AS YOU CAN SEE THE BACK, I MEAN, IT NEEDS A LITTLE MORE LANDSCAPING, BUT WE'RE, THAT'S NOT IN THE PLAN.
AND SO TO MAKE ANY INSINUATIONS THAT WE ARE CHANGING THE ROTOR BEDROOMS OR THE, THE GARDENING IS JUST FACTUALLY INACCURATE AT.
SO THAT I IS THE, MY RESPONSE ON THAT MATTER.
AND I THINK WE ALREADY ADDRESSED THE, UM, THE OTHER ISSUES RAISED ON MAKING SURE WE HAVE ALL THE BUILDING PERMITS AND MAKING SURE WE GO THROUGH OUR DUE DILIGENCE AND SEEKING THOSE PERMITS AND GOING THROUGH THE PROCESS.
OF COURSE, THOSE WILL BE TAKEN, LIKE, I WANT TO BE CLEAR, MY TWO LITTLE BOYS SLEEP ABOVE THAT LINE, THAT OVERHANG IS WHERE MY CHILDREN SLEEP.
WE WOULD NOT BE TAKING A HIGH RISK HERE IN DOING ANYTHING THAT WOULD CREATE A, UH, A STRUCTURAL SAFETY ISSUE WHEN, UM, WE, THIS IS OUR HOUSE.
WE SPEND A LOT OF MONEY ON THIS HOUSE.
SO IT'S SAFETY IS A ABSOLUTE TOP PRIORITY TO ME AS WELL, WHICH IS WHY WE, WE HAVE HIRED AN ARCHITECT TO OVERSEE EVERYTHING.
AND WE'LL BE WORKING WITH A WELL-KNOWN REPUTABLE CONTRACTOR THAT IS, HAS BEEN DOING PROJECTS IN THE WESTCHESTER AREA FOR MANY YEARS NOW.
SO, JOSH, I I MEAN THAT COVERS IT FROM MY SIDE, BUT IS THERE ANYTHING THAT I MISSED THAT YOU MIGHT THINK WORTH ADDING TO THE, THE GROUP? WELL, AGAIN, I JUST, I JUST ACTUALLY WOULD LIKE THE BOARD OR THE PROFESSIONAL'S HELP PERHAPS IN HELPING US ASSURE THE NEIGHBOR THAT THERE IS A PROCESS FOR THIS.
IT MAY NOT BE THIS HEARING, UM, BUT YOU KNOW, IT, IT, IT'S NOT AT ALL UNCOMMON FOR HOUSES IN WESTCHESTER TO DO ADDITIONS OR EVEN BE NEWLY CONSTRUCTED WITHOUT ADVERSELY AFFECTING THEIR NEIGHBORS.
IT'S NOT PARTICULARLY DIFFICULT.
UH, AND THIS IS NOT A PARTICULARLY UNUSUAL CASE.
UH, AND AGAIN, THE, THE APPLICANTS HAVE DONE AND WILL DO EVERYTHING THEY'RE REQUIRED TO DO, BUT I DON'T KNOW THAT, UM, IT WOULD BE FAIR TO ASK THEM TO DO SOMETHING ELSE ABOVE AND BEYOND, UH, AS A RESULT OF THE, YOU KNOW,
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A, A ZONING HEARING.UM, AGAIN, EVEN ON THIS SITE, BECAUSE THESE HOUSES WEREN'T BUILT AT THE SAME TIME.
WE ALREADY KNOW THAT AT LEAST TWICE, UM, DEEP FOUNDATIONS HAVE BEEN DUG ON THESE VERY TWO SITES WITHOUT AFFECTING EACH OTHER.
UM, SO I, I'M NOT QUITE SURE WHAT THE EXTRAORDINARY OR UNUSUAL RISK IS IN THIS CASE.
UH, YEAH, MY, MY CONCERN IS EXACTLY TO THE LEFT OF WHERE THE RED SQUA RECTANGLE LIES.
THERE IS A WALKWAY THERE THAT NOW MEASURES APPROXIMATELY 18 INCHES.
UM, AND I HAVE ASKED, UM, JESSICA, HOW THAT WILL BE HANDLED, BECAUSE CLEARLY 18 INCHES IS A VERY NARROW WALKWAY.
AND SHE HAS RESPONDED IN A WAY THAT I THINK IS PERHAPS UNREALISTIC.
UH, SHE HAS SAID THAT, UH, THAT WALKWAY WILL BE AS IT IS NOW BECAUSE IT WILL BE USED QUOTE VERY LITTLE IN THE FUTURE.
SO I THINK THAT A, UH, MORE REALISTIC APPROACH TO THIS PROJECT, INCLUDING INFORMATION ON HOW THE EXCAVATION WILL BE PERFORMED TO THE EXTENT TO WHICH THE HOLE WILL BE DUG.
THAT CLEARLY ON THIS PHOTO SHOWS, UM, GETTING VERY CLOSE TO MY HOUSE, WHICH IS ON THE LEFT, UM, IS WHAT MY REQUEST IS, JOSH, IT MIGHT BE WORTH PULLING UP THE PROPERTY LINE SO IT'S CLEAR AND HOW LIKE FAR AWAY THIS IS.
SO YEAH, JOSH, DO YOU WANNA TALK THROUGH THAT? 'CAUSE THE, THE, THE WALKWAY AND MEMORY'S QUESTIONING IS THE, UM, IS THE, WHERE YOU SEE THAT STONE WALL? YEAH, RIGHT THERE.
AND I WANNA BE, AGAIN, CLEAR, AND I'VE SAID IT SEVERAL TIMES NOW, THERE IS NO PLAN TO CHANGE.
THIS IS AN 18 INCH WALKWAY IDEAL.
NO, BUT WE NOW HAVE THIS NEW DOOR THAT WILL BE, THAT'S PART OF THE ADDITION.
WE'LL HAVE A NEW, WE'LL HAVE SLIDING DOORS THAT YOU'LL SEE RIGHT IN THE, IN THE BACK.
UM, THAT WILL BE THE ENTRY POINT.
AND, AND NOT TO MENTION THAT, MENTION THAT WE REALLY CAN'T AFFORD TO DO ANYTHING ABOUT THAT WALKWAY RIGHT NOW, WHICH IS UNFORTUNATE.
BUT WHEN WE DO, WE WILL, WE WILL ABSOLUTELY, YOU KNOW, MAKE SURE IT AGREES WITH YOUR PROPERTY.
I DON'T, I WOULD LOVE FOR YOU TO POINT OUT, JOSH, THE PROPERTY LINE.
WE WOULDN'T BE NEAR YOUR PROPERTY.
UM, WE WOULDN'T BE NEAR YOUR PROPERTY EVEN IF WE DID, UM, MAKE THAT WALKWAY BIGGER.
SO IT WAS THE, IT WAS THE LINE THAT JOSH WAS JUST SCROLLING AROUND THAT RIGHT THERE.
AND, BUT AGAIN, THERE ARE, THERE ARE NO PLANS TO CHANGE THAT.
SO I, IT'S NOT SOMETHING THAT I THINK IS OF THIS.
I MEAN, I DON'T, I DON'T SEE WHAT THAT HAS TO DO WITH THE ZONING, BUT MAYBE I'M MISUNDERSTANDING.
AGAIN, MY, MY CONCERN IS I WOULD LIKE A PROFESSIONAL TO ASSESS HOW THIS HOLE WILL BE DUG.
CLEARLY, THE STONE WALL WILL BE DISTURBED, EARTH WILL BE DISTURBED, PLANTINGS WILL BE DISTURBED VERY CLOSE TO BY HOUSE.
UM, THE, THE ARCHITECT PERFORMING THE DESIGN AND SUBMITTING IS A DESIGN PROFESSIONAL.
AND HE'S CERTIFIED UNDER THE NEW YORK STATE TO BE ABLE TO DESIGN THIS ADDITION ON THESE FOOTINGS.
IT DOES NOT HAVE TO SPECIFICALLY BE A LICENSED STRUCTURAL ENGINEER TO DO THIS CONSTRUCTION APPROXIMATELY EIGHT FEET FROM THE PROPERTY LINE.
WE, WE HAVE HOUSES THAT ARE CONSTRUCTED EIGHT FEET FROM THE PROPERTY LINE.
AND IT IS ACTUALLY QUITE COMMON, YOU KNOW, THROUGHOUT THE TOWN TO HAVE CONSTRUCTION LIKE THAT, THEY WILL HAVE TO SUBMIT BUILDING PERMITS TO US APPLICATIONS WITH STRUCTURAL DRAWINGS, WHICH WILL BE REVIEWED BY THE TOWN.
AND THEN BUILDING PERMIT WOULD BE ISSUED.
AND WE WOULD HAVE AN INSPECTOR OUT TO THE SITE TO INSPECT ALL STAGES OF CONSTRUCTION.
SO AT WHAT POINT WOULD ANY MEMBER OF THE PUBLIC BE ABLE TO EITHER SEE THOSE PERMIT REQUESTS BEFORE THEY'RE APPROVED OR HAVE A EXPERT OF MY CHOOSING REVIEW THOSE PERMIT REQUESTS? BUT IT'S NOT COMMON PRACTICE FOR YOU TO SHARE IT.
I MEAN, YOU CAN FOIL THE CONSTRUCTION DRAWINGS AND HAVE ANOTHER DESIGN PROFESSIONAL TAKE A LOOK AT IT IF YOU LIKE.
BUT ONCE AN APPLICATION IS SUBMITTED TO US, THE TOWN, THE TOWN WILL NOT BE ABLE TO HOLD THE APPLICATION UP FOR YOUR DESIGN PROFESSIONAL TO TAKE A LOOK AT IT.
THAT'S, THAT'S NOT SOMETHING THAT IS COMMON PRACTICE.
WE HAVE A CERTAIN PERIOD OF TIME WHERE WE WOULD HAVE TO EITHER APPROVE OR DENY AN APPLICATION DEPENDING ON MATERIAL THAT'S SUBMITTED TO US.
SO IN OTHER WORDS, THIS ISSUE IS ONLY UP FOR CONSIDERATION AT THIS JUNCTURE.
THE VARIANCE BEFORE YOU, NOT THE QUESTIONS OF CONSTRUCTION.
SO, SO WHEN ARE THE QUESTIONS OF
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CONSTRUCTION AVAILABLE FOR EXAMINATION? WHEN A BUILDING PERMIT APPLICATION IS SUBMITTED, YOU CAN FOIL THE APPLICATION.WHEN YOU SAY FOIL, WHAT? AND YOU'LL HIRE A DESIGN DESIGNED PROFESSIONAL TO TAKE A LOOK AT IT.
SORRY, I'M NOT, IS IT FOIL? F O I L? YES.
WHAT DOES THAT MEAN? FOIL REQUEST? IT MEANS YOU'RE ASKING FOR A COPY OF DOCUMENTS THAT THE TOWN HAS.
IT'S THE FREEDOM OF INFORMATION.
OH, YOU MEAN FOIA, F O I A, NEW YORK STATE.
WE CAN SEND YOU THAT FORM AND YOU'RE FREE TO REQUEST ANY INFORMATION YOU'D LIKE FROM THE TOWN AT ANY TIME.
BUT THAT'S ALL INFORMATION THAT IS IN THE PAST.
WHEN A APPLICATION IS PENDING, PENDING, HOW DOES A MEMBER OF THE PUBLIC HAVE ACCESS TO THAT? MAAM, YOU CAN CHECK IN PERIODICALLY WITH US TO INQUIRE IF AN APPLICATION WAS SUBMITTED AND WE'LL BE HAPPY TO LOOK INTO IT FOR YOU.
IF I CAN DO THAT AND I HAVE REASONABLE ASSURANCE THAT THE APPLICATION WILL NOT BE SOMEHOW ACCELERATED BEFORE I HAVE A CHANCE TO HAVE A PERSON LOOK AT IT, OF MY CHOOSING, THEN I AM SATISFIED.
UM, DOES ANYONE ELSE HAVE ANYTHING TO ADD ON THIS MATTER? OKAY, THEN WITH THAT WE'LL MOVE ON AND WE'LL TAKE IT UNDER CONSIDERATION IN OUR DELIBERATIONS.
UH, THE NEXT CASE ON TONIGHT'S AGENDA IS 2134 MARSHA ZEI AT 86 WINDHAM STREET.
IF YOU COULD PRESENT YOUR PROJECT, UH, DO YOU, DO YOU HAVE PLANS TO SHARE OR WOULD YOU LIKE ME TO PULL THEM UP FOR YOU? GOOD EVENING, EVERYONE.
WE CAN SHARE THE PLANS ON SCREEN.
I'M THE ARCHITECT FOR THE PROJECT, AND WE ARE HERE TO ASK FOR A VARIANCE TO LEGALIZE A, A, UH, DRIVEWAY THAT WAS EXPANDED IN THE PAST TO THE PROPERTY LINE.
THERE'S ALSO A TEMPORARY CARPORT THAT WAS CONSTRUCTED THAT IS, UM, CLOSER THAN THE ALLOWED FIVE FEET, UM, SETBACK TO THE PROPERTY LINE.
UH, WHAT YOU SEE ON THE SCREEN HERE IS ON THE RIGHT HAND SIDE IS, UM, YOU LET ME, LET ME, UH, MOVE THIS TO A DIFFERENT SCREEN BECAUSE IT'LL BE, I THINK, EASIER FOR EVERYONE TO SEE AND I'LL RESHARE MY SCREENS.
I THINK THAT'S A LITTLE BIT EASIER TO SEE.
NOW, ON THE LEFT-HAND SIDE, THIS IS THE PLAN THAT WAS SUBMITTED TO THE BUILDING DEPARTMENT FOR AN ADDITION THAT WAS BUILT IN THE PAST.
AND THIS SHOWS, AS YOU CAN SEE HERE, THE ORIGINAL DRIVEWAY THAT WAS ON THE ORIGINAL SURVEY WAS ALREADY OVER THE REQUIRED SETBACK.
UM, THE PARKING SETBACK IS 12 FEET, AS YOU CAN SEE HERE, AND THE ORIGINAL WAS ALREADY ABOUT FIVE AND A HALF FEET OR MORE OVER THAT.
AND THERE'S AN ORIGINAL CURB CUT SHOWN.
WHAT WE NOW HAVE IS HERE ON THE RIGHT SIDE OF THE SCREEN, AND THIS IS A DRIVEWAY THAT NOW HAS EXPANDED ALL THE WAY TO THE PROPERTY LINE, AND THAT'S WHERE THE CARPORT IS.
SO YOU CAN SEE THAT NOW WE ARE, UM, THE ORIGINAL CURB CUT STILL REMAINS, BUT NOW THE DRIVEWAY ITSELF HAS EXPANDED.
ONE THING TO POINT OUT FOR THE, UH, FOR THE BOARD IS THAT THIS IS A ZONE THAT REQUIRES A 100 FOOT, UH, FRONT PROPERTY LINE, UH, FRONTAGE.
SO THAT EXTRA 25 FEET WOULD'VE COME IN PRETTY HANDY.
IF WE COULD HAVE HAD THAT FOR THE DRIVEWAY, UM, THEN WE WOULDN'T BE HERE THIS EVENING.
BUT THAT'S ONE OF THE THINGS THAT'S MADE IT A LITTLE DIFFICULT.
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UM, LET ME SHOW YOU A PHOTO OF THE HOUSE FROM THE STREET.THIS IS A GOOGLE MAPS PHOTO THAT SHOWS THE HOUSE WITH THE EXISTING GARAGE, AND YOU CAN SEE THE CARPORT HERE IN THE DISTANCE.
AND THIS IS THE PROPERTY LINE HERE.
AND THEY'VE BUILT THIS WIDE ENOUGH TO ACCOMMODATE A TRUCK THAT CAN GO BY HERE.
THE HOUSE WAS BUILT, UH, PROBABLY IN THE FIFTIES, AND IT DOESN'T ACCOMMODATE TALLER VEHICLES LIKE WE HAVE THESE DAYS.
SO THEY'VE BUILT THIS EXTRA PARKING AREA BACK HERE.
UH, WE MEET ALL THE REQUIREMENTS AS FAR AS, UH, IMPERVIOUS SURFACE COVERAGES, EVEN THOUGH THIS IS A RELATIVELY LARGE AND LONG, UM, DRIVEWAY, AS YOU CAN SEE, THAT COMES ALL THE WAY BACK HERE TO THE EDGE OF THE CARPORT.
BUT WE DO MEET THESE REQUIREMENTS BECAUSE WHILE IT'S A NARROW SITE, IT IS A PRETTY DEEP SITE.
SO WE HAVE, UH, PLENTY OF THAT.
SO WE'RE NOT WORRIED ABOUT THE COVERAGE.
UM, ONE OF THE, THE, SO AS FAR AS THE MITIGATING CIRCUMSTANCES, THE, THE FACT THAT THIS IS A VERY NARROW LOT IS WHAT REALLY HAS MADE THIS IMPOSSIBLE TO GET A SECOND CAR PARKED ON THE STREET.
IF YOU LOOK AT MANY OF THE NEIGHBORING PROPERTIES, THEY ALL HAVE VERY WIDE DRIVEWAYS.
THEY'VE ALL WIDENED THEM IN SOME RESPECT.
UM, THERE ARE, LEMME SEE IF I CAN PULL THOSE UP.
YOU LOOK AT SOME OF THE FOLKS ACROSS THE STREET, THEY'VE EXPANDED THEIR PARKING LOTS TO BE VERY CLOSE TO THE PROPERTY LINE.
UM, ALL OF THESE, NONE OF THESE CAN MEET THE SETBACK FOR THE FRONT YARD.
THE HOUSES ARE BUILT TO THE FRONT SETBACK.
SO WE HAVE SOME ADDITIONAL EXPANDED PARKING LOT, UH, PARKING SPACES ADJACENT TO THE HOUSES ACROSS THE STREET.
UM, THE NEIGHBOR DIRECTLY NEXT DOOR ALSO HAS A, A WIDENED EXPANDED, UM, PARKING AREA, UM, THAT CAN ACCOMMODATE TWO CARS SIDE BY SIDE, BUT THEIR A LOT IS LARGER, WIDER IN THE FRONTAGE.
UM, IT'S COME TO OUR ATTENTION THAT THE NEIGHBOR, UM, HAS COMPLAINED ABOUT WATER BEING, UH, COMING ONTO THE PROPERTY FROM THIS WIDENED DRIVEWAY.
THEY SUBMITTED PICTURES HERE FROM PREVIOUS STORMS THAT SHOW THAT WATER HAS PA PONDERED HERE.
UM, THIS IS THE HOUSE NEXT DOOR.
UM, CURRENTLY, HOWEVER, UM, WHILE THEY, WHILE THEY SHOW THESE AREAS THAT HAVE PONDERED, THEY ACTUALLY DON'T POND AT THIS TIME BECAUSE WHAT'S HAPPENED SUBSEQUENT TO THESE PHOTOS IS THAT THE NEIGHBOR ADDED MORE SOIL.
THIS WAS AN AREA WHERE THEY REMOVED SOME SHRUBBERY.
AND SO, UM, THEY'VE ADDED SOIL TO THE PROPERTY.
AND WHEN YOU LOOK AT THE, UH, CURRENT PHOTOS HERE, YOU CAN SEE THAT THAT AREA THAT WAS FLOODING, NOW IT REALLY IS ACTUALLY THE GRASS IS NOW HIGHER THAN THE DRIVEWAY.
UM, THEY'VE ALSO ADDED A WALKWAY.
UH, ONE OF THE COMPLAINTS THEY, THEY CITED IN THEIR EMAIL TO THE TOWN IS THAT, UM, THEIR CONCERN IS THAT THE WATER AS IT COMES HERE OFF OF THE DRIVEWAY, WOULD UNDERMINE THEIR FOUNDATION.
HOWEVER, UM, THE WATER WOULD HAVE TO RISE ABOVE A THREE INCH CURVE, RISE UP ABOVE ANOTHER THREE INCH CURVE, AND THEN GET INTO A PLANTING BED.
SO, AND IT'S ABOUT 17 FEET AWAY.
SO IN MY PROFESSIONAL OPINION, I WOULD SAY IT'S HIGHLY UNLIKELY, UM, THAT THAT WOULD HAPPEN.
IN FACT, UM, UH, IF I MAY, I'D LIKE TO SHARE A VIDEO THAT WAS DONE, UH, BY MY CLIENT, UH, DURING HURRICANE IDA 36 LONDON STREET.
UH, LEMME JUST GET THAT BACK ONTO THAT SCREEN.
I'M GONNA HAVE TO SHARE IT DIFFERENTLY HERE.
SO HERE YOU CAN SEE THIS IN THIS VIDEO.
THIS IS ACTUALLY DURING HURRICANE IDA FROM THE, MY CLIENT.
THIS IS HER DRIVEWAY ON THE LEFT HAND SIDE IN THE NEIGHBOR'S PROPERTY ABOUT, HE'S SLIDING HER DRIVEWAY BECAUSE OF HER DRAIN PIPE COMING TO THE WATER AND COMING TO THE STREET,
[00:30:01]
SLIDING OUR DRIVEWAY ALL THE WAY OUT TO HERE.ALL THE WAY OUT TO HERE IS THE DRAIN PIPE.
WHAT MY CLIENT IS POINTING OUT HERE IS THAT THERE'S A DRAIN PIPE THAT COMES FROM THE LEADERS ON THE HOUSE OF THE NEIGHBORING PROPERTY THAT IS EMPTYING INTO THE STREET HERE.
UM, SO IF THERE'S ANY FLOODING RIGHT NOW, IT WOULD BE IN THE STREET.
UM, THE WATER IN THE DRIVEWAY ITSELF, MY CLIENT'S DRIVEWAY IS, UM, FLOWING AS WOULD BE EXPECTED DOWN THE CURB, OUR MAILBOX, AND IT'S RAINING PRETTY HARD.
AND THE MORE IMPORTANT THING TO SEE IS THAT HERE, AT THIS POINT, WE'RE LOOKING AT THE AREA THAT HAD PREVIOUSLY FLOODED, UH, IN THE PAST.
BUT SINCE THIS LAWN HAS BEEN RAISED, IT'S NOT FLOODING.
WE'RE NOT SEEING ANY OF THE PONDING THAT WAS HAPPENING BEFORE BECAUSE THEY DID SOME LANDSCAPING HERE, MANDY ROBNER RAIN, OR MANDY.
SO EVEN IN, IN THE CASE OF HURRICANE IDA, WHICH WE ALL KNOW DUMPED ABOUT EIGHT INCHES OF RAIN IN TWO, IN LESS THAN TWO HOURS.
UM, AND I WAS BAILING OUT MY OWN BASEMENT.
SO, UM, I THINK THAT WAS SOMEWHAT RECTIFIED THAT ISSUE.
UM, IN, IN RESPONSE TO COMPLAINTS FROM THE NEIGHBORS, MY CLIENTS DID MAKE A CHANGE TO THE PROPERTY.
UM, THE, UM, YOU CAN SEE HERE, THIS IS A PHOTO DATED FROM SEPTEMBER, 2018 ON GOOGLE MAPS.
YOU CAN SEE HERE THE DOWNSPOUT, THE, UH, THE LEADER COMING OFF OF THE ROOF LEADS JUST DIRECTLY HERE.
THAT IN THEIR COMPLAINT, THEY SAID IT WAS DIRECTED AT THE PRO AT THEIR OWN PROPERTY, BUT IT'S NOT, WE'RE STILL SEEING NOT, IT ACTUALLY JUST COMES STRAIGHT DOWN.
AND YOU CAN SEE THAT THE PRO THAT THE DRIVEWAY ACTUALLY SLOPES BACK.
SO IN RESPONSE TO THE CLIENT, THE, UH, NEIGHBOR'S COMPLAINT, UH, CHRIS, UM, ARE YOU SHARING YEAH, WE'RE STILL SEEING THE VIDEO.
LET ME, UH, RESHARE THAT'S BETTER.
SO YOU CAN SEE HERE, THIS IS THE, THE LEADER IN SEPTEMBER OF 2018 JUST CAME STRAIGHT DOWN AND THAT WATER FLOWED DOWN THIS WAY AND DOES FLOW TOWARDS THE NEIGHBOR'S PROPERTY.
AND IN RESPONSE TO COMPLAINTS THAT THE NEIGHBORS HAD, THAT THE WATER WAS COMING ONTO THEIR PROPERTY, MY CLIENTS, AT SOME POINT BEFORE COVID STARTED, THEY, THEY'RE NOT SURE OF THE EXACT DATE.
THEY INSTALLED SOME NEW DRAINAGE PIPES, UM, A LITER FROM THE, UM, YOU CAN SEE THIS.
WHAT THEY DID WAS THEY EXTENDED THE LITER HERE TOWARDS THE BACK OF THE PROPERTY.
SO NOW, RATHER THAN THIS WATER COMING HERE AND FLOWING DIRECTLY AND ALSO CONSEQUENTLY FLOWING SOMEWHAT TOWARDS THE PROPERTY NEXT DOOR, IT NOW EXTENDS BACK TO THE BACKYARD WHERE BOTH THE BACK LEADER OF THE HOUSE AND THE FRONT LEADER NOW DUMP ONTO THE, THEIR OWN DRIVEWAY.
AND BECAUSE THEY HAVE, UH, A SLOPE THAT GOES OFF GRADUALLY FROM THE FRONT TO THE BACK, IT FLOWS INTO THE BACKYARD.
SO WE THINK THAT THEY'VE MITIGATED THAT.
HOWEVER, YOU KNOW, MY CLIENTS CERTAINLY WANNA HAVE, MAKE SURE THAT THEY DON'T DO ANYTHING THAT DAMAGES THE NEIGHBOR'S PROPERTY.
I THINK THIS HAS MITIGATED QUITE A BIT.
AS YOU CAN SEE FROM THE VIDEO FROM HURRICANE IDA.
UM, THE WATER WASN'T PONDING DESPITE THAT MASSIVE RAINFALL WASN'T PONDING ON THE NEIGHBOR'S PROPERTY.
BUT, UM, THEY CERTAINLY ARE OPEN TO ANY SUGGESTIONS FROM THE D P W OR FROM THE BUILDING DEPARTMENT AS TO WHAT OTHER MITIGATION NEEDS TO BE DONE IN ORDER TO PREVENT ANY POSSIBILITY OF WATER GOING ONTO THE NEIGHBOR'S PROPERTY.
SO THEY'RE CERTAINLY OPEN TO THAT.
UM, AS FAR AS OTHER CIRCUMSTANCES, UM, WAS THIS SELF-CREATED, YOU KNOW, OF THE, UH, FIVE QUESTIONS THAT YOU ASK? UH, THE, THE OF WAS A SELF-CREATED YES.
IN THE RESPECT THAT THEY WIDEN THEIR DRIVEWAY? UH, NO, IN THE RESPECT THAT THE, UH, PROPERTY IS NARROW AND THEREFORE THIS WIDENED DRIVEWAY AS MOST OF THE HOMES IN THE NEIGHBORHOOD, INCLUDING THE DIRECT NEIGHBOR HERE.
UM, MOST OF THE HOMES HAVE DUAL DRIVEWAYS SO THAT YOU CAN PARK TWO CARS SIDE BY SIDE.
UM, THERE'S JUST HAPPENS TO BE A NARROW LOT OF 75 FEET.
[00:35:01]
SO THAT PART WASN'T, SE WASN'T SELF-CREATED.UM, IN TERMS OF OTHER, OTHER QUESTIONS, IS IT A SIGNIFICANT DIFFERENCE FROM ANYTHING OR A SIGNIFICANT IMPACT ON THE, UH, ON THE NEIGHBORHOOD? UH, AGAIN, MOST PEOPLE IN THIS NEIGHBORHOOD ON THIS STREET HAVE DUAL WIDE DRIVEWAYS, SO IT'S NOT VISUALLY OR AESTHETICALLY A DIFFERENCE FROM ANYTHING ANYONE ELSE HAS DONE IN THEIR, IN THE NEIGHBORHOOD, INCLUDING THE NEXT DOOR NEIGHBOR.
DOES IT HAVE AN IMPACT ON THE NEIGHBORS? THEY'VE TRIED TO MITIGATE THE, THE RUNOFF, AND AGAIN, WE'D BE OPEN TO HAVING ANY OTHER MITIGATION THAT'S NECESSARY TO PREVENT MORE RUNOFF.
BUT, UH, I THINK THAT ALREADY WHAT THEY'VE DONE HAS SIGNIFICANTLY REDUCED ANY RUNOFF ONTO THE NEIGHBORING PROPERTY.
UM, WE DON'T, WE STILL DON'T HAVE GREATER IMPERVIOUS SURFACE, EVEN WITH THE WIDENED DRIVEWAY THAN WHAT IS ALLOWED BY THE ZONING CODE.
ZONING CODE ALLOWS 37.25%, WE'RE AT 33.47.
SO THEREFORE WE DON'T HAVE, WE HAVE, ARE PERFECTLY ALIGNED WITH THE ZONING CODE AS FAR AS THE AMOUNT OF IMPERVIOUS SURFACE ON THE PROPERTY.
UM, MARSHA, DO YOU HAVE ANYTHING ELSE YOU'D LIKE TO ADD TO THIS? UM, THE ONLY THING, UH, I DON'T KNOW IF YOU HAVE THE PICTURE, WHAT CAUSED THIS WHOLE, UH, ISSUE TO START WAS THE PICTURE WHEN THEY, UH, BUT I GUESS YOU, YOU ALREADY BROUGHT THAT UP.
YOU KNOW, SOME OF THIS WAS JUST THE FACT OF, YOU KNOW, SOME SHRUBBERY THAT WAS REMOVED, SOME UNFORTUNATE RAINSTORMS. UM, YOU KNOW, AGAIN, MY NEIGHBORS TRIED TO RESPOND TO WHAT WAS GOING ON WITH THAT.
THEY JUST, JUST TO ALSO UNDERSTAND, UM, THEY WERE, THEY WERE ASKED BY THE, SOMEONE AT SOME POINT HAD ASKED THEM BY THE TOWN TO, UM, YOU KNOW, INSPECT AND FOUND THAT THERE WAS THIS ADDITIONAL CURB, CURB EXPANSION AS IT WERE.
UM, AND THE D P W ISSUED A PERMIT AND CLOSED THAT PERMIT BECAUSE THEY WERE SATISFIED THAT WHILE THIS WAS WIDENED, THERE WASN'T ACTUALLY A CURB CUT IN THE, IN THE TOWN'S RIGHT OF WAY, WHICH IS WHAT THEY REGULATE.
SO MY CLIENTS WERE UNDER THE IMPRESSION THAT'S ALL THEY NEEDED TO DO.
AND LATER FOUND OUT THAT THEY NEEDED TO ALSO OBTAIN A BUILDING PERMIT, WHICH I HAVE FOUND FOR MANY OF MY CLIENTS IS CONFUSING.
WHY DO I GET A, YOU KNOW, THE QUOTE UNQUOTE TOWN ISSUES A PERMIT WHEN IT'S ACTUALLY DIFFERENT DEPARTMENTS THAT ISSUE PERMITS? IF I MAY, I HAVE ONE MORE THING TO ADD.
UH, BEFORE THIS, MANY YEARS AGO, WE ALSO HAD, UH, SOMEBODY FROM THE TOWN TO COME UP AND THEY, UH, SAW THAT THE DRIVEWAY WAS JUST REPAVED WASN'T EXPANDED.
UH, AND THEN AFTER THAT WE DIDN'T HEAR ANYTHING FROM THE TOWN.
AND THEN WE HEARD SOMETHING FROM THE NEIGHBORS REGARDING THE WATER GOING TO THE PROPERTY.
AND THEN WE HAVE THE PICTURE REGARDING THE SHOP THAT WAS REMOVED AND WHATEVER VIOLATION THEY GAVE US, WE THOUGHT WE RESOLVED THAT ISSUE.
AND IT'S LIKE ONE THING AFTER THE OTHER, WHATEVER WE DO, WE TRY TO RECTIFY THE ISSUE.
IT SEEMS LIKE IT'S NEVER ENOUGH.
IT'S ALWAYS ANOTHER ISSUE WITH THE NEIGHBORS.
LIKE, YOU KNOW, ALSO, I WANNA SHOW YOU THAT HERE, THIS IS THE AFTERMATH OF A RAINSTORM, A RECENT RAINSTORM, AND YOU CAN SEE FROM THE PHOTO THAT WHEN THESE LEADERS NOW DRAIN, THEY DO DRAIN TOWARDS THE CARPORT AND TOWARDS MY CLIENT'S PROPERTY, NOT TOWARDS THE NEIGHBORS.
SO THERE ARE, UM, YOU CAN SEE THAT THAT'S SORT OF THE TRAIL OF THE WATER AT THIS POINT.
SO THEY'VE DONE WHAT THEY CAN TO TRY TO MITIGATE THAT.
AND YOU CAN SEE HERE THAT THE GROUND, THIS IS TAKEN JUST A COUPLE OF DAYS AGO.
UM, AND YOU CAN SEE THAT THE GRASS IS NOW HIGHER THAN THE DRIVEWAY.
AND AS FAR AS THE VARIANCE FOR THE CARPORT, THIS IS THE CARPORT.
IT'S A TEMP, YOU KNOW, QUOTE UNQUOTE TEMPORARY STRUCTURE, BUT CAN BE SECURED SO THAT IT DOESN'T, YOU KNOW, TAKE OFF.
UM, IT WAS SECURED BY IT'D TO THE DRIVEWAY.
YEAH, IT WAS PROFESSIONALLY INSTALLED.
[00:40:01]
SECURED IN THE DRIVEWAYS.SO IT IS, IT IS, IT IS VERY SECURE.
WE, IT JUST HAPPENS TO BE SLIGHTLY OVER THE SETBACK ALLOWED FOR THE, UH, ACCESSORY STRUCTURE.
AND I'M SORRY TO TO INTERRUPT, BUT EVEN WITH ALL THE STORMS AND EVERYTHING, THE STRUCTURE WAS THERE.
IT NEVER, YOU KNOW, WAS NEVER AN ISSUE OF, OF HARMING ANYBODY OR JUST RIPPING UP OR ANYTHING.
THE STRUCTURE WAS ALWAYS SOUND.
UH, AND WITH THAT, UH, DOES THE BOARD HAVE ANY QUESTIONS FOR US? WHAT'S, CAN YOU, CAN THE CARPORT BE MOVED FURTHER TO THE LEFT SO IT'S NOT IN THE SIDE YARD? UM, YEAH, IT'S REALLY ONLY A FEW INCHES OVER.
SO, UH, GIVEN THAT IT IS A TEMPORARY STRUCTURE, UM, THE, THE EDGE OF THE CARPORT, UH, LEMME SEE IF I CAN PULL UP THAT SITE.
AS OPPOSED TO THE FIVE FOOT WITH FIVE FOOT.
SO IT'S ABOUT SIX INCHES OVER 12.
IT'S SUPPOSED TO BE 12 FEET, I THOUGHT.
UH, NOT FOR AN ACCESSORY STRUCTURE.
THAT'S 12 FEET IS FOR A DRIVEWAY.
UM, BUT ACCESSORY STRUCTURES ARE ALLOWED TO BE WITHIN FIVE FEET OF THE PROPERTY LINE.
NO, THE, THE ACCESSORY STRUCTURE FOR A SHED IS ALLOWED TO BE WITHIN FIVE FEET.
THE ACCESSORY STRUCTURE IN THAT ZONE WOULD BE THE SAME AS THE SIDE YARD SETBACK, WHICH WOULD BE A 12 FOOT, SAME AS THE DRIVEWAY.
UH, COULD IT BE MOVED OVER? UH, YES.
THE ONLY PROBLEM IS THAT IT DOES REQUIRE THEN THAT YOU ADD, FIRST OF ALL, THE IDEA OF A CARPORT IS THAT YOU DRIVE STRAIGHT INTO IT.
UM, IF WE WERE TO MOVE IT OVER HERE TO, UM, TO THIS SIDE HERE, UH, THE PROBLEM WOULD BE THAT, THAT YOU NOW HAVE IT, YOU HAVE TO KIND OF BEND OVER HERE AND THEN WE'D HAVE TO DO MORE PAVEMENT.
BUT I, BUT COULD IT BE DONE? SURE, IT COULD BE DONE.
IT COULD EASE, IT COULD BE THERE.
I'M ONLY A LITTLE CONCERNED ABOUT SORT OF THE, YOU KNOW, WHEN YOU'RE DRIVING IN HERE, IS THERE ENOUGH DISTANCE THERE? BUT YES, WE COULD, WE COULD MOVE IT OVER TO THE SIDE, REMOVE THE PAVEMENT HERE AND REPLACE IT WITH PAVEMENT HERE.
UM, AND AT WHAT, WHAT YEAR DID YOU WIDE INTO THE DRIVEWAY RECENTLY? MARSHA, DO YOU KNOW WHEN YOU, WHEN YOU
I, I, YEAH, I, IT, IT, IT'S BEEN THERE FOR SO MANY YEARS.
I DON'T EVEN KNOW WHEN I MET MY HUSBAND 30 YEARS AGO AND MOST OF THE STUFF WAS UP HERE.
I HAVE NO IDEA OF WHEN THINGS WERE DONE.
YOU DIDN'T, IT WASN'T LIKE THAT.
NO, BUT I MEAN, LIKE, YOU DIDN'T, I'M MOVE INTO THE HOUSE.
I'M, WHEN YOU MOVED INTO THE HOUSE, YOU THEN WIDENED THE DRIVEWAY, OR IT WAS ALREADY LIKE THAT WHEN YOU MOVED? UH, WELL, WHAT I CAN REMEMBER IS THAT WE ALREADY HAD THE DRIVEWAY IN THE BACK BECAUSE MY HUSBAND USED TO HAVE A, UH, UH, A CADILLAC, UM, CLASSIC THAT USED TO KEEP ON A BACK.
AND WE USED TO MAKE FUN HOW THE, THE TIRES USED TO MADE LIKE A DENT ON THE DRIVEWAY.
BUT I'VE YEARS AND I REALLY DON'T KNOW.
SO IT'S CERTAINLY BEEN WELL IN EXCESS OF 20 YEARS THAT THE DRIVEWAY HAS BEEN YES, YES.
AND THE THE, ALSO, THE THING IS, IF, WHEN WE HAVE THE TONE SPECTER THAT CAME UP MANY YEARS AGO WHEN, WHEN THE NEIGHBORS COMPLAINED, UH, OVER, I DON'T KNOW, MAYBE 12, 15 YEARS AGO, AND I THOUGHT EVERYTHING WAS CLEARED UP, THERE WAS NEVER AN ISSUE REGARDING WATER TO THE PROPERTIES OR NOTHING ELSE.
UH, WE WOULD NEVER IGNORE ANYTHING.
YOU KNOW WHAT I'M SAYING? FROM THE TIME ANY VIOLATIONS OR ANYTHING, YOU ARE ALWAYS WILLING TO DO WHATEVER NEEDS TO RECTIFY THE SITUATION.
WE JUST WANT TO, YOU KNOW, THE NEIGHBORS WERE ALWAYS COMPLAINING ABOUT THE WATER OR THAT THE DRIVEWAY WAS PUT ALL THE WAY TO THE PROPERTY.
THE NEIGHBOR NEVER COMPLAINED ABOUT
[00:45:01]
THE ONE THING.THEY COMPLAINED ABOUT THE DRIVEWAY.
THEN WE HAD THE, TO THE, TO COME OVER.
AND MY HUSBAND AND MR. ARIAN, RUDY, THEY WENT OUTSIDE.
THEY MEASURED THE PROPERTY, OUR PROPERTY AND THEIR PROPERTY, AND THEY WENT TOGETHER AND THEY MEASURE.
AND I, AND AFTER THAT, EVERYTHING WAS FINE.
AND RECENTLY, COUPLE YEARS AGO, THAT'S WHEN AFTER WE HAVE PICTURES, AS YOU CAN SHOW HOW THE HOLE WAS AFTER THEY REMOVED THE STRAWBERRY WAS A BIG HOLE WHEN SHE REMOVED HER ANNUAL PLANTS AND THE WATER WENT THERE.
AND THEN I TOLD, UH, MANDY, I SAID, 'CAUSE SHE CAME UP TO ME AND SHE SAYS, OH, IT'S, IT'S, UH, WATER IN MY PROPERTY.
I SAYS, MANDY, BECAUSE YOU REMOVED THE ANIMAL PLANTS AND YOU LEFT THE HOLE THERE, YOU HAVE TO PUT GRASS AND, UH, DIRT AND THE GRASS.
AND I EVEN OFFER FOR MY GARDENER TO GO AND TO REPLACE THE DIRT.
AND THAT I NEVER HEARD BACK FROM HER.
NEXT TIME I HEARD WAS A VIOLATION FROM THE TOWN.
UH, BY THE WAY, FOR THE BOARD I'VE PUT UP ON MY SCREEN, IF YOU CAN SEE IT, THIS IS, UH, FROM THE WESTCHESTER COUNTY G I S UM, AERIAL PHOTO FROM DECEMBER OF 2006 TO MAY, 2007.
SO THIS IS ABOUT 15 YEARS AGO.
AND YOU CAN SEE THAT THE DRIVEWAY WAS ALREADY WIDENED THEN.
AND THE CARPORT, IF YOU CAN ZOOM IN A LITTLE BIT, THERE'S, THERE'S THE CARPORT.
SO THAT'S BEEN IN PLACE FOR AT LEAST 15 YEARS AND MOST LIKELY MORE.
DOES ANYONE ELSE FROM THE BOARD HAVE ANY QUESTIONS AT THE WIDEST POINT OF THE DRIVEWAY? HOW WIDE IS THAT? BECAUSE I DIDN'T SEE THAT IN, IN THE DRAWING.
I SEE EVERYTHING BEYOND THE STRUCTURAL PORTION OF THE HOUSE, BUT THE FRONT DRIVEWAY, HOW WIDE IS THAT? I'LL TELL YOU IN A SECOND.
WAS DEEMED TO NOT HAVE BEEN CUT.
SO THE, UH, THE DRIVEWAY IS A LITTLE TOUGH.
IT IS APPROXIMATELY 25 FEET WIDE.
IT'S 15 FEET OFF OF THE HOUSE AND APPROXIMATELY 25 FEET WIDE HERE AT THE FRONT.
AND HOW FAR BACK IS THE, UH, CARPORT OFF THE HOUSE FROM THE HOUSE? IT IS 32 FEET.
WELL THEN I DO HAVE ONE ADDITIONAL QUESTION AND, AND JUST SO YOU KNOW, THIS IS A DECK RIGHT HERE THAT WHAT I'VE HIGHLIGHTED HERE IN BLUE, THAT'S A DECK.
SO IT'S ACTUALLY, IT'S 32 AND A, UH, PLUS FROM THE HOUSE, BUT IT'S CLOSER TO THE DECK.
AND JUST ONE OTHER LAST QUESTION.
SO THE ENTIRE LENGTH OF THE DRIVEWAY FROM THE CARPORT TO THE STREET IS HOW LONG, TELL YOU THAT IN A SECOND.
SEEM TO WANNA BE MEASURING IN INCHES HERE, UH, FROM THE STREET IS ABOUT 104 FEET FROM THE PROPERTY LINE.
ANY OTHER QUESTIONS FROM THE BOARD? NO, NOTHING.
HOW ABOUT ANY QUESTIONS FROM THE AUDIENCE? SO I BELIEVE THERE'S FOUR SPEAKERS.
UH, RUDOLPH NERIAN, I HAVE, UH, AL OGGI, DOREEN LIPSON, AND BE RU.
I'M NOT SURE IF ALL OF THEM ARE PRESENT TONIGHT.
THOSE ARE WHO SIGNED UP PRIOR.
SO LET'S START WITH, UH, RUDOLPH RU IAN.
I, I AM THE NEIGHBOR AND I LIVE NEXT DOOR.
UH, THIS IS MY 29TH YEAR LIVING THERE.
THERE WAS A DRIVEWAY THERE WHEN I FIRST MOVED IN HERE IN
[00:50:01]
19 80, 19 93.IT WAS NOT AS WIDE AS THE WAY IT WAS AS THEY'RE DESCRIBING, THEY PAVED OVER, THEY REDO THAT DRIVEWAY.
AS A MATTER OF FACT, THEY EVEN PUT PIECE OF THE DRIVEWAY INTO MY PROPERTY WHEN I HAD TO TALK TO THE HUSBAND.
AND HE BROUGHT THE GUY TO CUT IT BACK, BUT HE PUT IT RIGHT UP TO THE LINE.
SECONDLY, WHAT MS. UH, MS. BRODER DID NOT POINT OUT IS THAT THAT DRIVEWAY IS SLOPED AT LEAST 10 TO 15 DEGREES IN SOME POINT INTO MY YARD.
SO, SO EVERY SINGLE DROP OF RAIN THAT FALLS, GOES RIGHT INTO THE SIDE.
SHE ONLY SHOW THE, THE LITTLE, UH, DOWNSPOUT THAT GOES ALL THE WAY TO THE BACK.
BUT YOU DON'T SHOW THE OPPOSITE PIECES WHERE EVERYTHING DRAINS.
THAT FALLS OFF THE ROOF INTO MY YARD BECAUSE IT'S SLOPED INTO MY YARD.
AND, UH, IN TERMS OF THE, THE NUMBER OF, OF, UH, SHE HAD ALREADY PLANTED TREES.
IF YOU ARE ABLE TO GO BACK TO THAT PICTURE, SHE HAD TREES ALL THE WAY WHERE TO THE SIDE OF HER HOUSE.
SHE CUT ALL THOSE TREES DOWN AND REPAVE THE ENTIRE THING AND INCREASED THE, THE WIDTH OF THAT DRIVEWAY.
I DON'T BUY THE ARGUMENT TO SAY THAT YOU NEED, THEY, THERE'S SIX CARS CAN BE IN THIS DRIVEWAY AT ANY ONE GIVEN TIME WITH THE LENGTH THAT SHE HAS FROM THE ROAD, JUST AS I HAVE, AS A MATTER OF FACT, SHE HAS EVEN MORE LENGTH IN TERMS OF A DRIVEWAY THAN MY DRIVEWAY, EVEN THOUGH I HAVE A DOUBLE GARAGE THAT CAN HOLD MORE CARS IN MY DRIVEWAY.
SO THE, THE PIECE THAT YOU ARE LOOKING AT THERE IS ALREADY RIGHT UP TO MY PROPERTY LINE, EVEN WHEN SNOW FALLS, ALL THE SNOW THAT SHE REMOVES GOES INTO MY YARD.
THEN WHEN I ASKED THE GUY WHY THEY'RE PUTTING SNOW IN MY YARD, HE SAYS, THEY TELL HIM THAT'S THEIR YARD.
I SAID, NO, THAT'S NOT THEIR YARD.
AND HE DID THE SAME THING WHEN THE GUY WAS PAVING.
THE PROBLEM I HAD IS WHEN I CAME HOME, I WORKED FROM SIX IN THE MORNING TILL SIX AT NIGHT.
WHEN I CAME HOME, THIS WAS ALREADY DONE.
AND SO I ASKED, I FOUND THE GUY AND I ASKED HIM, WHY, WHY DID YOU PAVE INTO MY YARD? HE SAID THEY TOLD HIM THAT'S HIS, UH, THAT PORTION BELONGS TO THEM.
HE DID NOT INDICATE THAT ONE A COUPLE, SEVERAL YEARS AGO, HE CUT THREE OF MY TREES DOWN RIGHT WHERE HE EXTENDED THE WALL, THE 15 FOOT OR 20 FOOT WALL THAT HE PUT THERE, WHICH I KNOW IS ILLEGAL AS WELL.
AND SO I, MY ISSUE IS I HAVE NO ISSUE WITH MY NEIGHBOR OTHER THAN THAT BECAUSE I'VE LIVED THERE FOR 29 YEARS.
AND WHAT SHE'S SAYING IS THAT WE DON'T HAVE AN ISSUE AND WE DON'T HAVE A, I DON'T HAVE AN ISSUE WITH THEM.
I JUST DON'T HAVE AN ISSUE WITH DISRESPECT FOR MY PROPERTY WHERE YOU THINK YOU CAN DRAIN ALL YOUR WATER INTO MY PLACE AND WHEN IT'S FLOODED, IT'S NOT AN ISSUE.
SO THERE, THERE IS A CRACK ON MY FOUNDATION.
I DON'T KNOW, I I'M NOT THE ENGINEER TO FIGURE IT OUT IF THAT, BECAUSE IF THE WATER GOES OUT, IF I LOOK AT IT TODAY, WHEN THE SNOW WAS FALLING, IT'S PILED UP THERE AS A PUDDLE AGAIN AND SAYING THAT THE GRASS IS HIGHER THAN HIGH.
THAT'S NOT, THAT'S NOT ACCURATE.
IF THERE'S CERTAIN PARTS OF THE, MY LAWN THAT'S BELOW THEIR DRIVEWAY, AND, AND IF YOU LOOK AT THE, IF YOU LOOK AT THE SLOPE, THE, THE WAY IT'S ANGLED, IT'S ABOUT 10 TO 15 DEGREES INCLINE INTO MY PROPERTY.
SO WHERE WOULD THE WATER, WHERE WOULD THE SNOW GO? THAT'S MY QUESTION.
UH, DOREEN LEVISON QUESTION FOR THE GENTLEMAN.
UM, SO OTHER THAN US DENYING THE APPLICATION AND FORCING THE HOMEOWNER TO BE IN COMPLIANCE WITH THE CODE, IS THERE ANY SUGGESTION THAT YOU HAVE IN YOUR MIND THAT YOU WOULD BE FIND ACCEPTABLE? THE ONLY SUGGESTION IS IF MY YARD IS NOT FLOODED, I AM FINE.
WHATEVER THEY WANT TO DO AND WHATEVER PERMIT YOU WANT TO GIVE THEM.
BUT HE HAS MORE THAN ENOUGH ROOM TO TAKE THAT TRUCK.
WHEN I, WHEN I GOT THERE, THAT DRIVEWAY WAS NOT THAT WIDE.
THAT'S, THAT CARPORT WAS THERE PROBABLY OVER 30 YEARS.
AND THEY WERE DRIVING INTO THAT CARPORT EASILY.
THEY EXPANDED IT, I DUNNO WHY, BUT THEY EXPANDED RIGHT UP TO MY PROPERTY LANE AND I DIDN'T BELIEVE IT.
AND I STILL BELIEVE IN SOME CASES, I BELIEVE PIECES OF, PIECES OF THIS DRIVEWAY IS PROBABLY INTO MY PROPERTY LINE AS WELL.
AND THE, THE TONGUE PROBABLY NEED TO SEND SOMEONE OUT TO REALLY CHECK.
SO YOU NEVER GOT AN EXPLANATION FROM THE HOMEOWNER AS TO WHY THEY EXPANDED IT? NOPE.
THIS, THEY NEVER APPLIED FOR THE PERMIT.
THEY DID IT AND THEY NEVER APPLIED FOR THE PERMIT.
THIS, THEY'RE DOING THE BACKWARDS.
THEY, IT IS LIKE PUTTING THE HORSE BEFORE THE CART.
AND THE EXPANSION YOU, YOU SAW THERE WAS STILL THE DRIVEWAY, THE LENGTH IT IS NOW GOING INTO THE CARPORT.
IS THAT ACCURATE? IT WAS STILL WIDE.
I BELIEVE THEY MOVED THE CARPORT TOWARDS THE PROPERTY LINE TO MY PROPERTY LINE A LITTLE BIT MORE.
BUT THAT CARPORT WAS, UH, PROBABLY A LITTLE MORE TO THE LEFT IF MY MEMORY RECALLS.
SO HOW MUCH COULD YOU ESTIMATE THAT THE, IT HAS BEEN INCREASED FROM THE TIME THAT, UH, INITIALLY YOU SAW IT?
[00:55:01]
I WANNA BELIEVE AT LEAST THREE TO FOUR FEET.IF YOU, IF YOU LOOK AT THE SAME PICTURE, YOU CAN SEE THEY HAD SHRUBS RIGHT ACROSS, NEAR TO THEIR WALL AND ALL THAT WAS REMOVED AND THEY, THEY PAVED OVER THE ENTIRE PIECE, BUT THAT'S GONE TOWARDS THEIR HOUSE, CORRECT? YES, YES.
BUT THE WAY THEY PAVED IT, YOU HAVE TO COME, COME AND LOOK AT IT.
IT'S SLANTED TOWARDS MY PROPERTY.
SO ALL THAT RUNOFF OF WATER GOES INTO MY PROPERTY.
BUT WHAT YOU'VE SAID, I BELIEVE, IS THAT INITIALLY YOU COULD DRIVE IN WITH THOSE SHRUBS THERE THAT YOU COULD DRIVE IN FROM THE STREET INTO THE CARPORT WITHOUT ANY ISSUE.
BUT THEN THEY CHOSE TO MAKE IT, YOU SAID, AND I GOT THE IMPRESSION THAT YOU SAID WIDER, BUT EXTENDING IT TOWARDS YOUR PROPERTY, NOT JUST REMOVING THAT AREA WHERE THE SHRUBS ARE YES.
SO WHAT I'M ASKING YOU IS HOW MUCH WAS THAT ENCROACHMENT TOWARDS YOUR PROPERTY WHEN THEY INITIALLY REPAVED IT? I WANNA BELIEVE IT'S LIKE TWO TO THREE FEET MINIMUM.
THEY ENCROACHED IN, IN, ON, ON THE PROPERTY LINE.
AND MAY I RESPOND TO THAT? UM, I WOULD SAY, UM, I WOULD PREFER THAT WE MAY, IF, IF WE'RE GOING TO SAY IT'S BEEN ENCROACHED FURTHER TOWARDS IT, I THINK IT WOULD BE DIFFICULT TO SAY WITHOUT HAVING A SURVEY.
BUT WHAT I CAN TELL YOU IS THAT IT, AS YOU CAN SEE FROM THE, UH, OVERHEAD VIEW FROM 2005, UH, SIX AND SEVEN, UM, THAT IF, IF THIS IS WIDE ENOUGH RIGHT NOW, IT MEASURES 15 FEET FROM THE HOUSE TO THE PROPERTY LINE.
SO IF THIS IS WIDE ENOUGH FOR A CAR TO GET BY AND THAT'S THREE TO FOUR FEET, YOU'RE LOOKING AT SOMETHING THAT IS ONLY ABOUT 10 OR 11 FEET, OR 11 TO 12 FEET WIDE, LET'S SAY, WHICH IS THE STANDARD WIDTH THAT YOU WOULD HAVE FOR A DRIVEWAY TO BE ABLE TO DRIVE DOWN THERE SAFELY WITH A, WITH A TRUCK.
SO I, I WOULD SUSPECT THAT THIS WIDENING OF THE DRIVEWAY HAPPENED ONCE AND DID NOT WHEN THEY REMOVED THIS DID NOT WIDE, IT WIDEN IT FURTHER TOWARDS THE NEIGHBOR'S PROPERTY, BUT RATHER TOOK MORE OF IT TOWARDS THEIR OWN HOUSE.
UM, I WOULD ALSO SAY THAT ONE OF THE MITIGATION THINGS THAT MY CLIENTS AND I HAVE DISCUSSED IS THE POSSIBILITY THAT, YOU KNOW, A A A SURE WAY TO PREVENT WATER FROM FLOWING INTO THE PROPERTY, EVEN THOUGH IT DOES COME DOWN HERE AND FLOWS BACK.
IT DOES ALSO TILT TOWARDS 10 TO 15 DEGREES, IS ACTUALLY SORT A PRETTY STEEP SLOPE.
UM, THAT'S NOT REALLY KIND OF HOW, HOW STEEP THAT IS, BUT UM, BUT WE'VE DISCUSSED PUTTING A CURB AND I THINK IF WE PUT A RAISED CURB ALONG THE SIDE OF THE PROPERTY THAT THEN MY CLIENT'S PROMISED TO MAINTAIN, THAT WOULD STOP THE WATER FROM FLOWING INTO THE NEIGHBORING PROPERTY AND IT WOULD GUIDE IT EITHER BACK TO THE BACK OF THE HOUSE OR TO THE STREET DEPENDING ON WHERE THE WATER FLOWS FROM THE DRIVEWAY.
BUT THEY'RE CERTAINLY OPEN TO DOING THAT, PUTTING IN A CURB AND ALLOWING THAT TO DRAIN BACK.
DOES THE BOARD WANNA GO TO OTHER SPEAKERS FROM THE PUBLIC? SURE.
UH, DOREEN LIVES IN GOOD EVENING.
DOREEN LIVES IN, I LIVE ACROSS THE STREET 83 WINDHAM.
UM, I AM NOT IN FAVOR OF GRANTING THIS VARIANCE VARIANCES TO THE APPEAR.
UM, I BELIEVE THAT THIS FLOODING THAT IS OCCURRING, I'D LIKE TO BRING UP THE, COULD YOU PLEASE BRING UP THE PICTURE? UM, THAT DOES NOT, IT'S THE MOST RECENT PICTURE THAT DOES NOT SHOW THAT LONG HERE.
UH, CAN YOU ENLARGE THIS AREA WHERE THE DOWNSPOUT IS COMING PLEASE? YEAH, THIS IS ACTUALLY, MA'AM A AN OLD PICTURE.
THIS IS NOT WHAT IT CURRENTLY LOOKS LIKE.
THAT DOWNSPOUT NOW GOES TO THE BACK THAT'S BEEN EXTENDED TO THE BACK.
IT'S AT LEAST THREE AND A HALF YEARS OLD.
UH, I'LL GET YOU NO, THAT'S, THAT'S NOT ACCURATE.
THAT DOWN SPOT WAS PUT IN A COUPLE MONTHS AGO.
WELL, ACTUALLY, SIR, THERE ARE AERIAL PHOTOS FROM THE CO FROM THE COUNTY THAT SHOW THAT IT'S THERE AT BEEN THERE AT LEAST SINCE MARCH OF 20.
THIS, THE DOWN SPOTT HAS BEEN THERE FOR YEARS.
BUT THEY JUST BEEN A ANOTHER PIECE THAT TAKES IT TO THE BACK OF THE YARD.
THE AREA, THE, UH, AERIAL PHOTOS FROM THE COUNTY SHOW THAT IT'S FROM SOMETIME IN JANUARY, UH, LET'S SEE, OF 20 20 21 MARCH OF 2021,
[01:00:02]
I'LL, UH, THERE YOU CAN SEE IT CLEARLY THERE.AND THAT'S FROM MARCH OF 2021.
WELL, IT'S RELATIVELY A YEAR, ALMOST A YEAR.
I JUST WANNA, UM, LOOK TO MAINTAIN A BIT OF ORDER HERE.
IF WE COULD, UH, GO AND SEQUENCE AND, YOU KNOW, WE'LL CALL ON SPEAKERS AND THEN IF THE BOARD WANTS TO HEAR FROM THE APPLICANT, UM, YOU KNOW, WE'LL TAKE DIRECTION FROM, FROM, FROM THE CHAIR OR THE BOARD.
UM, BUT I, IT'S JUST, IT'S DIFFICULT FOR THE STENOGRAPHER TO KIND OF FOLLOW THE BACK AND FORTH AND WE JUST WANNA MAKE IT BENEFICIAL FOR EVERYONE.
AND, AND SO FOR THE, THE WOMAN WHO WAS SPEAKING BEFORE, THIS IS YOUR PROPERTY MA'AM, ACROSS THE STREET HERE? NO.
ARE YOU AT THIS ONE? I'M AT 83.
I I CAN COULDN'T TELL YOU WHICH ONE THAT IS.
YOU'RE GONNA HAVE TO HELP ME KEEP GOING.
WELL, RIGHT HERE, UH, YOU CAN'T SEE MY THAT ONE.
AND YOU HAVE A PRETTY LARGE DRIVEWAY AS WELL? YES, I'M, WHEN I BOUGHT THE HOUSE, THAT HOUSE THAT DRIVEWAY WAS IN ALREADY, IT WAS DONE WHEN I GUESS THE HOUSE WAS BUILT, MY NEXT DOOR NEIGHBOR, UH, THEY ALSO PUT IN, KEEP GOING TO MY, KEEP GOING UP, RIGHT? THE, YEAH, THEY PUT IN AN ADDITION AND THEY MADE A DOUBLE WIDE DRIVEWAY AND THEY CAME IN FOR VARIANCES AND THEY WERE GIVEN PERMISSION TO, UH, UM, THE YS WERE, THEY GOT, THEY CAME IN FOR VARIANCE AND THEY WERE, THEY WERE GIVEN THE PERMISSION TO BUILD WHATEVER THEY HAD TO DO.
AND IT WAS ALL SIGNED OFF ON BY THE BUILDING.
THAT'S THIS HOUSE NEXT DOOR? YES.
AND YOURS LOOKS LIKE IT'S RIGHT AT THE PROPERTY LINE.
I'M NOT RIGHT AT THE, NOPE, I'M NOT.
YOU SEE THESE SHRUBS OVER HERE? CAN YOU SEE THE SHRUBS? RIGHT.
CAN'T KEEP GOING BY THE SHRUBS RIGHT THERE BY THE STREET, PLEASE.
I RUN ALL THE WAY OVER AND THEN BACK.
SO I HAVE QUITE A BIT OF PROPERTY BETWEEN, UM, MY PROPERTY LINE AND, UH, THE HOUSE AND THEIR SO ARE YOU SAYING THAT THEN THEIR POOL AND THEIR FENCES ON YOUR PROPERTY? NO, I'M NOT SAYING THAT.
HIS, I SEE THE PROPERTY IS STRANGE.
IT, YOU WOULD THINK THAT IT'S A STRAIGHT LINE, BUT IT'S NOT.
AND JUST AT THAT PART IT STARTS TO GO AT THE DIAGONAL.
AND, UM, SO HE PUT HIS FENCE UP OVER THERE.
HE JUST THERE IN ABOUT A YEAR AND A HALF.
I JUST WANNA TRY AND REGAIN FOCUS.
AND I WANNA FOCUS BACK ON WHAT YEAH.
WHEN I BOUGHT MY HOUSE THAT DOUBLE WIDE DRIVEWAY WAS IN, AND THERE'S PLENTY OF ROOM BETWEEN THE PROPERTY LINE AND THAT DRIVEWAY.
IT'S NOT LIKE IT'S RIGHT UP AGAINST THEIR PROPERTY LINE.
AND IN FACT, WHAT, WHAT IS, I JUST WANT TO KNOW WHAT YOUR OBJECTION IS WITH THE, THE, UM, THE NEIGHBORS AT 86 WYNDHAM SPECIFICALLY? YES.
MY SPECIFIC OBJECTION IS THAT THE FLOODING THAT KEEPS OCCURRING AND THAT THEY HAVE, THIS IS A, A FINANCIAL BURDEN TO THEM TO HAVE TO BRING IN A LANDSCAPER AND CONSTANTLY RESE THAT PROPERTY ACCORDING TO THE PICTURES THAT WAS SHOWN.
SO I, I'M NOT IN FAVOR OF GRANTING MS. VARIANCE.
I BELIEVE, UH, MR. AL, YOU GOJI HAS ARRIVED AND INTENDS TO SPEAK.
IS THAT RIGHT, MR. YUJI? AND I SEE YOU'RE ON MUTE.
IN CONNECTION WITH THE TEMPLE.
IS IS THAT WHAT WE'RE TALKING ABOUT? OH, NO.
WE'RE NOT ON THAT ONE YET, SIR.
UM, ARE, ARE THERE ANY OTHER SPEAKERS THAT WISH TO COMMENT ON THIS APPLICATION? YES.
CAN YOU STATE YOUR NAME PLEASE? MY NAME IS BE NARAIN AND I LIVE AT 88 WINDHAM STREET.
I'M MRS. OKAY, GO AHEAD MA'AM.
OKAY, I'M GOING TO BACK UP, UM, BECAUSE, UH, MRS. PERRY TOLD US SOME STORIES WHICH ARE NOT TRUE.
I'M GOING TO BACK UP HOW THIS ALL STARTED.
UM, ONE DAY WE CAME HOME FROM WORK.
OUR TREES WERE CUT DOWN AND PUT IN VINNY'S DRIVEWAY.
HE ERECTED A 15 TO 20 FOOT WALL NEXT TO THE PARK.
CARPORT WHERE MY FOREST SHRUB, NOT SHRUBS, HEDGES, SEVEN FEET, HEDGES WERE REMOVED BY MR. ZIPPER AND HE PUT IT IN HIS DRIVEWAY.
I WAS APPALLED THAT HE CUT MY TREES AND HE PUT UP A BIG WALL THERE WITH A BASKETBALL NET.
[01:05:01]
THE TREES.HE TOOK THE TREES AND HE DISPOSED OF THEM OVERNIGHT BEFORE I COULD GET AN ATTORNEY TO COME LOOK AT THE TREES.
THE PICTURES YOU LOOK FROM IDA AND THE TODAY PICTURES YOU WILL SEE IT'S THE EROSION CAUSED BY THE LAND.
I NEVER REMOVED SHRUB FROM THAT AREA AS REPORTED BY MARSHA ZIPPER.
THAT'S EROSION HAPPENING OVER THE TIME.
AND IT'S NOT A 30 YEARS THING.
THIS HAPPENED PROBABLY I WOULD SAY APPROXIMATELY, UH, 15, 13 TO 15 YEARS I WAS TEACHING.
HE PUT UP A WALL, HE PUT UP THE CARPORT, AND THEN HE EXTENDED.
HE HAD THE PEOPLE WHO EXTENDED HIS DRIVEWAY.
THE TRUCKS WENT UP AND DOWN OUR PROPERTY.
I CAME ON MY SIDE YARD, HAD BLACKTOP TRACKS FROM THE TRUCK, AND HE EXTENDED LIKE FOUR FEET INTO OUR YARD.
MY HUSBAND AND HIM, AFTER A COUPLE, WHATEVER, HE CUT OUT SOME OF IT.
BUT IT'S SLOPED, IT'S PITCHED.
AND WHAT YOU'RE SEEING TODAY IS EROSION.
FROM THERE, HE CUT DOWN MY TREES AND PUT UP THAT WALL NEXT TO THE CARPORT.
WHEN I SPOKE TO MARSHA ABOUT IT, BECAUSE I WORKED WITH, WITH THE GOVERNMENT AGENCY, I WAS HOME DURING COVID, UH, 2020 AND 2021.
AND I SAID TO MARCIA NICELY, LOOK AT THE FLOOD.
SHE SAID, DO WHATEVER YOU COULD DO.
AND THERE HAVE BEEN NOTHING BUT BULLIES OVER THE YEARS.
AND WE WERE AFRAID TO REPORT OR SAY ANYTHING BECAUSE WE WERE AFRAID OF RETALIATION.
AT THAT TIME, WE HAD THREE YOUNG KIDS AT HOME.
SHE YELLED AT ME, DO WHATEVER.
THIS IS WHERE THIS ALL STARTED.
AND I NEVER REMOVED SHRUB FROM THAT PUDDLE THERE.
AND THAT SNOW PILES UP INTO OUR YARD.
IT MELTS INTO OUR YARD CONSTANTLY.
THIS CAME TO LIGHT BECAUSE WE WERE WORKING FROM HOME 2020 AND 2021, AND THAT GUTTER LEAD WAS NOT PUT UP A LONG TIME AGO.
AND IT'S A DEFECTIVE GUTTER LEAD.
THE GUTTER LEAD LEAKS, THEY JUST CONNECTED.
IT JUST SHOVED TWO PIECES TOGETHER AND THE WATER CONTINUES TO LEAK.
SOMEONE SHOULD COME OUT AND LOOK.
YOU COULD PULL THAT GUTTER LEAD OUT.
IT'S NOT, UH, A PROFESSIONAL GUTTER LEAD THAT THEY EXTEND IT NOW, IT STILL LEAKS FROM THAT AREA.
AND IT'S NOT THE GUTTER LEAD, IT'S THE PITCH TO THE DRIVEWAY.
EVERYTHING FLOWS INTO MY YARD.
AND YOU COULD SEE THE EROSION, LOOK AT THE EYE, THE PICTURES, HOW BEAUTIFUL MY LAWN WAS, BUT THE YEARS OF EROSION, MY, MY PROPERTY'S GOING DOWN, DOWN.
AND FOR THAT REASON, I'M OBJECTING TO THIS HEARING FOR HER VARIANCE.
CAN I SPEAK? WHO'S, WHO IS THAT? DID YOU JUST, OH, HI, I'M SORRY.
WHAT SHE'S SAYING ABOUT THAT SO MANY YEARS AGO THAT SOMETHING HAPPENED AND SHE WAS AFRAID TO FILE A COMPLAINT BECAUSE SHE HAD THREE YOUNG CHILDREN.
AND THE, THE WHOLE THING THAT HAPPENED, WE, I GAVE MS. BRODA THE PICTURE.
I DON'T KNOW IF WE CAN BRING IT UP.
WE HAD, THERE'S A HOLE THERE WHERE SHE REMOVED HER ANNUAL PLANS.
AND WHEN SHE CAME TO ME AND SHE SAID THAT I WAS FLOODING HER SIDE YARD, I SAID, MANDY, YOU HAVE TO REPLACE THE DIRT AND THE GRASS.
AND I EVEN OFFER FOR MY GARDENER, OH, IT'S A HOLE, MAYBE LIKE A THREE FEET.
I SAID, I OFFER MY GARDENER, WHICH SHE USED MY GARDENER ON AND OFF.
I SAID, I OFFER HIM TO JUST PUT THE DIRT THERE AND GROW SOME GRASS.
THROW THE, THE, THE SEEDS THERE.
NEVER HEARD FROM HER UNTIL I GOT ALL THE LETTER FROM THE TOWN.
AND THIS THING THAT SHE'S SAYING THAT SHE WAS AFRAID SHE HAD THREE YOUNG CHILDREN THAT HAPPENED 15 YEARS AGO.
HOW CAN I GO INTO SOMEBODY'S PROPERTY, CUT THE TREES DOWN, AND THEY DON'T, UH, CALL THE TOWN ON ME OR THE COPS OR WHOEVER THEY GOTTA CALL.
HOW CAN I GO INTO HER PROPERTY AND CUT THAT DOWN? AND SHE DIDN'T DO NOTHING ABOUT IT.
YOU KNOW, WE NEIGHBORS, I EVEN OFFERED TO FILL IN THE HALL.
OKAY? AND IF IT'S NECESSARY, THAT'S WHAT SHE WANTS.
I'M WILLING TO WORK WITH THEM AND PUT A BARRIER THERE LIKE A MS. BRODER STATED AND FIX THE PROBLEM.
[01:10:01]
THERE'S NO NEED FOR ALL THAT THAT'S GOING ON.I'M NOT DESTROYING HER GRASS AND EVERYTHING.
AND SHE, YOU KNOW, LIKE THIS WHOLE THING DOESN'T EVEN MAKE SENSE.
WE'VE BEEN HERE, BEEN HERE FOR MUCH LONGER THAN SHE HAS.
AND WE NEVER HAD A COMPLAINT ABOUT ANYTHING.
AND THE PEOPLE NEXT DOOR, THE PREVIOUS GENDER LOANS, THEY, THE ONES THAT WANTED A FENCE THERE, AND THEY DON'T WANT THE FENCE.
WE DON'T CARE ABOUT THE FENCE.
AND WHEN WE THEN REMOVED, THE SHRUBBERY WAS AGAINST OUR HOUSE.
WHEN WE PAVE THE DRIVEWAY, WE DID TAKE OFF THE PLANTS THAT WE HAD AGAINST OUR HOUSE.
AND WHATEVER THE TOWN DECIDES, WHATEVER YOU THINK IT'S APPROPRIATE FOR US TO REMEDY THE SITUATIONS.
WE'VE BEEN HERE PROBABLY LONGER THAN MOST OF OUR NEIGHBORS.
WE NEVER HAD A COMPLAINT UNTIL WE HAD THE COMPLAINT FROM THE ARIANS.
ALRIGHT? SO WHATEVER YOU DECIDE THAT WE CAN DO TO REMEDY THE SITUATION, AND EVERYBODY CAN GO BACK AND BE NEIGHBORS AND GO ABOUT OUR LIVES.
THEN WE'RE GONNA WRAP THIS ONE.
YEAH, I, I DON'T WANNA BE LONG.
FIRST OF ALL, MARSHA, WE HAVE SEEDED AND GRASPED THAT YEAR, EVERY SINGLE YEAR, MORE THAN ONCE A YEAR.
SECONDLY, YOU, YOURSELF, IF YOU LOOK AT IT, THE PITCH, IT WILL NEVER STOP EROSION.
AND IF YOU PITCH, AND, AND I BEG TO DIFFER WITH THAT, THERE'S 10 TO 15 DEGREES IN SOME AREAS WHERE THAT IS PITCHED INTO MY YARD.
SO ANYONE CAN LOOK AT IT AND KNOW THAT WHATEVER RAINFALL, IT WILL GO RIGHT INTO MY YARD BECAUSE THERE'S NOWHERE ELSE FOR IT TO GO.
IT'S RIGHT UP INTO MY PROPERTY LINE.
AND AGAIN, IF YOU SEND SOMEBODY OUT THERE, I'M, I'M PROBABLY SURE THAT DRIVEWAY IS IN MY PROPERTY LINE AS WELL, BUT YOU'LL TAKE ONE OF YOUR ENGINEERS TO COME OUT THERE.
AS A MATTER OF FACT, THERE WERE THREE, I BELIEVE, THREE VISITS ON THAT.
THREE VISITS LAST YEAR AND THIS YEAR BY FOLKS FROM THE TONGUE OF GREENBERG WHO CAME OUT AND TOLD YOU WHAT HAS TO BE DONE.
AND I DON'T KNOW IF YOU'VE FOLLOWED, THIS IS ALL PUBLIC.
THEY, THEY CAN FIND OUT THE RECORDS TO SEE WHAT WAS DONE.
I HAVE NO ISSUE BEING A GOOD NEIGHBOR.
I'VE BEEN A GOOD NEIGHBOR FOR 29 YEARS.
I DIDN'T EVER COME AND, AND COME OVER TO YOUR PROPERTY TO DO ANYTHING.
ALL I'M SAYING, AND YOU HAD, YOU HAD YOUR, YOUR, YOUR DRIVEWAY AND YOUR CARPORT THERE FOR THE LAST 29, 30 YEARS, HOWEVER LONG YOU HAD, I NEVER OBJECTED TO YOUR WALL OR ANYTHING.
MY ISSUE IS YOU, THERE IS EROSION ON MY PROPERTY.
THERE'S FLOODING ON MY PROPERTY SINCE YOU REDID THAT DRIVEWAY.
AND THERE'S NO, PRIOR TO THAT, WE NEVER HAD FLOODING.
SO, HOWEVER, THE TOWN WANTS TO LOOK AT IT, THEY CAN LOOK AT IT.
BUT HAVING YOUR DRIVEWAY, HAVING YOUR PAVED DRIVEWAY RIGHT UP INTO MY PROPERTY LINE, IT'S GONNA CONSTANTLY FLOOD NO MATTER WHAT, BECAUSE IT'S SLOPED INTO MY YARD.
IT DOESN'T TAKE AN EXPERT TO FIGURE THAT OUT.
YOU CAN COME AND LOOK AT THE DR.
ANYONE CAN COME AND LOOK AT THAT DRIVEWAY AND SEE THE SLOPE WHERE IT HAD SLOPED INTO MY YARD.
YOU WANNA DRIVE? THAT'S UP TO YOU.
I JUST DON'T FEEL THAT YOU HAVE TO INFRINGE IN MY PROPERTY WHERE ALL YOUR, THE WATER FROM YOUR ROOF AS WELL AS YOUR SLOPE INTO MY DRIVEWAY.
IF I DID THE SAME THING TO YOU, I BET YOU WOULD OBJECT TO IT AS WELL.
WE'VE, WE'VE, UM, HEARD A LOT TONIGHT AND WE WILL, UM, WE WILL TAKE IT INTO ACCOUNT DURING OUR DELIBERATIONS.
THE NEXT CASE ON TONIGHT'S AGENDA IS CASE NUMBER 2135 FLEETWOOD LIFE ESTATE.
ALISON BARRY FOR THE PROPERTY LOCATED AT 33 DUNHAM ROAD.
AND IF WHOEVER IS HERE TO SPEAK, CAN, CAN GO RIGHT AHEAD.
I THINK YOU HAVE TO UNMUTE YOUR MIC, PLEASE.
MY NAME IS ALLISON BERRY AND I LIVE AT 33 DUNHAM ROAD.
UM, THE REASON WE ARE REQUESTING A VARIANCE IS
[01:15:01]
THAT OUR DECK IS, UM, BADLY DETERIORATED.IT'S A WOODEN DECK AND IT NEEDS TO BE REPLACED.
THE, WE ARE REPLACING THE EXISTING DECK.
WE ARE NOT ADDING, UM, ANY, WE ARE NOT MAKING IT BIGGER IN ANY WAY.
UM, THE REAR SETBACK THAT IT HAS NOW IS 23.7 FEET, AND THE TOWN ORDINANCE REQUIRES A REAR SETBACK OF 26 FEET.
SO, UM, WE ARE REQUESTING, UH, THAT A VARIANCE OF TWO POINT, UM, FIVE FEET, WHICH IS A VERY SMALL AMOUNT, A, A VERY SMALL, UH, VARIANCE THAT WE ARE REQUESTING.
UM, THE, THE CONDITION IS NOT, UM, SELF-CREATED BECAUSE THE DECK HAS, AS FAR AS I KNOW, WAS THERE FROM THE TIME THE HOUSE WAS BUILT IN 1952.
AND I BOUGHT THE HOUSE IN, UH, MARCH OF 2017.
SO, UM, WE DID NOT CREATE THE CONDITION, BUT WE ARE IN THE POSITION SITUATION NOW WHERE THE DECK HAS TO BE REPLACED AND, UM, WE CANNOT REPLACE IT, UM, UNLESS WE GET THE VARIANCE.
AND BASICALLY THAT THAT'S ALL WE ARE ASKING FOR IS A 2.5 FEET, UM, UH, VARIANCE TO REPLACE THE DECK.
SO YOU'RE COMPLETELY DEMOLISHING THE DECK AND REBUILDING IT? YES, BECAUSE AS YOU CAN SEE FROM THE PICTURES, THE WOOD HAS ROTTED IN MANY PLACES AND IT'S REALLY WOULD BE, MAKES A LOT MORE SENSE TO REPLACE IT.
WE, WE, IT REALLY CANNOT BE REPAIRED.
AND IS THERE, IS THERE ANYTHING SPECIFIC THAT'S PREVENTING YOU FROM REPLACING IT SO THAT IT CONFORMS WITH THE ZONING ORDINANCE? UM, WELL, I, IT'S HARD FOR ME TO ANSWER THAT QUESTION.
WE JUST WANT TO REPLACE IT AS IT IS.
WE DON'T WANNA MAKE IT ANY SMALLER.
IT'S ALREADY, WHAT'S THE SIZE? PARDON? DO YOU KNOW THE SQUARE? PARDON ME? DO YOU KNOW WHAT THE SQUARE FOOTAGE OF IT WE HAVE THAT HERE OF THE DECK IS? UM, IF, IF SOMEBODY HAS IT IS, I THINK IT'S, UM, 10.
IF, IF I REMEMBER CORRECTLY, IT'S EIGHT SOMETHING, LIKE EIGHT FEET WIDE AND 10 FEET LONG, SOMETHING LIKE THAT.
DOES ANYONE ELSE HAVE ANY OTHER QUESTIONS? DOES ANYONE IN THE AUDIENCE HAVE ANY? HI, UM, I'M JOHN ELL.
I SPOKE UP EARLIER AT THE WRONG PROPERTY.
SO WE LIVE DIRECTLY, UM, BEHIND THEM AND I AM HAPPY TO, UM, SUPPORT WHAT THEY ARE TRYING TO DO.
MY, MY BIG QUESTION IS THAT CURRENTLY THEIR DECK DOES NOT HAVE A ROOF COVERING IT.
AND IF I UNDERSTAND CORRECTLY, THERE WILL BE A ROOF ON THIS NEW DECK, RIGHT ALLISON? YES.
WE WOULD LIKE TO PUT A NEW DECK, A NEW A ROOF OVER IT.
JUST ROOF OVER IT, RIGHT? YEAH.
NOW, THE, THE VARIANCE IS NOT FOR THE ROOF.
WE WERE NOT DENIED, UM, PERMISSION TO PUT THE ROOF ON THE, THE VARIANCE IS NEEDED JUST BECAUSE OF THE REAR SETBACK.
I DON'T KNOW IF YOU KNOW THAT.
UM, I WASN'T AWARE THAT THAT MM-HMM.
SO YOU'RE BASICALLY, THE TOWN THEN DOESN'T, ISN'T, DOESN'T NEED TO SUPPORT THE ROOF AS PART OF THE DECK.
AM I UNDERSTANDING THAT CORRECTLY? EXCUSE ME.
I WOULD JUST LIKE TO SHED SOME LIGHT BEFORE THE CASE GETS TOO FAR OFF.
THE, THE REASON WHY THE VARIANCE IS REQUIRED, THE DECK IS ALLOWED A FIVE FOOT ENCROACHMENT IF IT DOESN'T HAVE A ROOF ON IT.
SO THE EXISTING DECK WITHOUT A ROOF WOULD BE ABLE TO BE SITUATED WITHIN 21 FEET OF THE REAR YARD BECAUSE THERE'S A ROOF STRUCTURE BEING CONSTRUCTED ON THE DECK.
IT CREATES A DIFFERENT SETBACK.
IT REQUIRES A 26 FOOT SETBACK, WHICH IS THE SAME SETBACK THAT THE ACTUAL HOUSE WOULD REQUIRE.
SO THE ROOF IS WHAT'S ACTUALLY CREATING
[01:20:01]
THE VARIANCE, THE NEED FOR THE VARIANCE ON THIS DECK.SO MY, MY QUESTION IS, I'M, I'M WONDERING WHAT THE WATER DRAINAGE RAMIFICATIONS ONTO OUR PROPERTY, UM, BECAUSE THERE IS A SLOPE, KIND OF A DIAGONAL SLOPE, UM, FROM THEIR PROPERTY TO THE PROPERTY KIND OF CATTY CORNER BEHIND THEM.
SO SOME OF IT DOES COME TOWARDS US, AND I'M WONDERING IF ANYBODY, IF ANY ENGINEERS HAVE LOOKED AT WHETHER WE WILL GET SOME WATER THAT COMES OFF OF THAT ROOF OVER THEIR NEW DECK AND IF THEY'VE DONE ANY KIND OF STUDY TO MAKE SURE THAT THAT DOES NOT HAPPEN TO OUR PROPERTY? UH, I, NO, I DON'T BELIEVE THE ENGINEER WHO DID OUR DRAWINGS OR, UH, LOOKED AT THE PROPERTY, I DON'T THINK, AS FAR AS I KNOW THAT THAT WAS NOT TAKEN INTO ACCOUNT.
THE ONLY THING I CAN SAY ABOUT THAT IS THAT THE, WHEN WE BOUGHT THE PROPERTY, THERE WAS A SLOPE AND, UM, WHICH MADE THE BACKYARD SORT OF HARD TO, TO WALK ON BECAUSE THERE WAS A VERY STEEP SLOPE.
BUT SINCE THEN WE HAVE CORRECTED THAT.
AND THE BACKYARD IS NOW LEVEL.
SO I DON'T BELIEVE YOU'VE DONE A NICE JOB IN THE BACKYARD.
YEAH, IT'S NOW LEVEL AND I DON'T, BECAUSE I'M NOT AN ENGINEER, BUT I DON'T BELIEVE THAT THE ADDING THE ROOF WOULD, UM, CHANGE OR ALTER IN ANY WAY THE, THE WATER THAT WOULD BE COMING DOWN INTO YOUR PROPERTY.
I DON'T, I DON'T SEE HOW THAT COULD BE BECAUSE THE SLOPE HAS BEEN ELIMINATED.
I, ANTHONY YEAH, I'M, YEAH, I'M NOT SURE THAT'S THE CASE, BUT, UM, SLOPE MAY BE ELIMINATED, BUT I'M NOT SURE THAT'S THE CASE SINCE THE NATURAL SLOPE OF, OF THE NEIGHBORHOOD GOES DOWN TOWARDS THAT WAY.
SO I WONDER, DOES THE TOWN, WHEN YOU APPROVE THIS, DOES THE TOWN LOOK AT WHETHER THAT MAY CAUSE PROPERTY DAMAGE TO NEIGHBORING HOUSES OR THAT'S NOT PART OF WHAT YOU LOOK AT? WELL, THE APPLICANT WOULD BE REQUIRED TO SUBMIT A SLOPE CLEARANCE TO THE ENGINEERING DEPARTMENT.
AND DEPENDING ON THE AMOUNT OF DISTURBANCE, THEY MAY OR MAY NOT MANDATE A STORM WATER PERMIT.
IF THEY MANDATE A STORM WATER PERMIT, THEY WOULD TAKE A LOOK AT MITIGATION OF THE, ANY TYPE OF RUNOFF IF THEY FEEL IT'S NECESSARY.
NOW, THE DESIGN PROFESSIONAL THAT DESIGNED THE DECK COULD TAKE A LOOK AT IT AND SEE WHAT HE'S GOING TO DO WITH THE LEADERS FROM THE ROOF.
MAYBE HE'S GONNA TIE IT INTO AN EXISTING DRYWELL ON THE SITE.
THAT'S SOMETHING THAT, UH, MRS. BARRY'S, YOU KNOW, DESIGN PROFESSIONAL CAN TAKE A LOOK AT ALSO.
YEAH, I WOULD APPRECIATE THAT.
I, THAT WOULD, THAT WOULD BE IMPORTANT FOR US FOR THAT TO BE TAKEN INTO ACCOUNT.
UM, I UNFORTUNATELY HAVE TO RUN OFF THIS, BUT MY WIFE HAS JUST JOINED THE MEETING.
WE'VE BOTH BEEN BRIEFED ON IT, SO, UM, SHE MAY HAVE SOME OTHER QUESTIONS THAT I DIDN'T HAVE, BUT, UH, APPRECIATE YOU LETTING ME TALK AND HOPEFULLY THIS CAN ALL WORK OUT WELL.
YEAH, I'M JUST WANNA SAY THAT THE, THE SLOPE CLEARANCE WAS PART OF THE APPLICATION AND, UM, AS FAR AS I'M AWARE THAT WAS APPROVED OR IT WAS, IT WAS EITHER APPROVED OR FOUND NOT TO BE APPLICABLE.
SO, BUT WE DO HAVE A SLOPE CLEARANCE AS YEAH.
SO I'M NOT SURE WHAT ELSE WE WOULD BE REQUIRED TO DO.
I THINK LIKE, UM, WHAT ANTHONY SAID, YOU WOULD HAVE YOUR ARCHITECT TAKE A LOOK AT, UM, IF YOU NEED TO REQUIRE ANY LEADERS ON THE ROOF TO, YOU KNOW, HAVE THE WATER DRAIN IN A WAY THAT'S NOT DETRIMENTAL TO NEIGHBORING PROPERTIES.
BUT IS THAT SOMETHING, IS THAT SOMETHING THAT THE ARCHITECT WOULD HAVE TO DO NOW BEFORE THE BOARD CAN RULE ON THE APPLICATION? UH, WELL, WE'LL WE WOULD TALK ABOUT IT WHEN WE DELIBERATE AFTER THE MEETING.
UH, FOR THE RECORD AND IN RESPONSE TO A PREVIOUS QUESTION, ACCORDING TO THE PLANS, THE DECK IS 10 AND A HALF FEET DEEP.
IT'S FROM THE HOUSE UP, UH, OUT RATHER, AND 22 AND A HALF FEET LONG.
UM, I WANNA BE CLEAR WHAT YOU'RE SAYING.
IN ABSENTIA OF THE ROOF, WOULD THAT DECK BE IN COMPLIANCE? THAT DECK WOULD NOT NEED A VARIANCE.
WE JUST NEED A BUILDING PERMIT TO BE RECONSTRUCTED.
UM, IS THERE ANYONE ELSE THAT HAS ANY COMMENTS ON THIS MATTER? NO, I'M, I'M JOHN'S WIFE LAUREN AND I JUST GOT ON THE CALL SO I DIDN'T HEAR WHAT YOU SAID.
UM, JOHN WILL HAVE TO FILL ME IN, BUT JUST, YOU KNOW, I DON'T HAVE A CONCERN.
[01:25:01]
ABOUT THE LEADERS AND THE WATER AND THE ROOF.IF IT WEREN'T FOR THE ROOF, YOU KNOW, IT WOULDN'T FEEL LIKE AS BIG OF A DEAL, BUT THE ROOF FEELS LIKE SOMETHING DIFFERENT AND I'D LIKE TO KNOW WHERE THAT WATER'S ALL GONNA GO.
IF I JUST ASK A QUICK QUESTION.
UH, DO, DO YOU EXPERIENCE, UH, RUNOFF ISSUES PRESENTLY? IT'S HARD TO TELL.
UH, BUT IT DOES SLOPE IN THAT WAY, SO I HAVE TO BELIEVE THAT, UM, YOU KNOW, THERE IS WATER RUNNING THAT WAY, BUT I DON'T REALLY KNOW.
I'D INTERESTED IN HAVING SOMEONE TAKE A LOOK AT THAT AS IT IS NOW.
ALRIGHT, ANYONE ELSE? OKAY, WE'LL MOVE ON TO THE NEXT CASE FOR TONIGHT, WHICH IS CASE NUMBER 2136 DE MONTE REALTY, INC.
FOR THE PROPERTY LOCATED AT 180 3 SOUTH CENTRAL AVENUE.
HOW ARE YOU? JAMES MONTEON FROM THE MONTEON LAW GROUP? UM, I REPRESENT THE APPLICANT, THE MONTE REALTY.
UM, THE APPLICATION SEEKS TWO PRONGS.
UM, FIRST WE'RE ASKING THAT THE BOARD OVERTURNED THE BUILDING INSPECTOR'S DENIAL, UM, FOR THE SPECIAL PERMIT TO OPERATE A CIGAR LOUNGE UNDER THE TOWN CODE AS A FULLY ENCLOSED RECREATIONAL FACILITY, OR IN THE ALTERNATIVE, GRANTING A USE VARIANCE TO ALLOW A CIGAR ALLOWANCE TO BE OPERATED AT, UH, 180 3 SOUTH CENTRAL AVENUE.
UM, UNLESS THE BOARD WOULD LIKE OTHERWISE, I'D LIKE TO DISCUSS THE BUILDING INSPECTOR'S DENIAL FIRST.
I AM NOT, I WANNA TRY TO SHARE A SCREEN, UM, IF I DON'T DO IT RIGHT.
OH, CAN EVERYBODY SEE THAT? YES.
UM, I'D LIKE TO JUST SAY PRIOR TO SUBMITTING THE A, UH, THE SPECIAL PERMIT, UM, I HAD SPOKEN WITH, UM, THE BUILDING INSPECTOR AT THE TIME, BACK IN SEPTEMBER, I THINK IT WAS MR. RETTA, UM, REGARDING WHERE I WANTED TO GET HIS INSIGHT ON, YOU KNOW, THIS APPLICATION AND WHERE, WHAT PART OF THE CODE WE CAN SUBMIT IT UNDER.
UH, I HAD ALSO SPOKE TO, UM, I BELIEVE IT WAS MATT BRI ABOUT THIS.
UM, AND ALL PARTIES BASICALLY AGREED THAT THE SECTION 2 85 DASH 29.1 B, UH, 0.51 B ONE, UH, AS A FULLY ENCLOSED COMMERCIAL RECREATIONAL FACILITY THAT THAT WOULD BE APPROPRIATE.
UH, SO BASED ON THAT, WE SUBMITTED, MY CLIENT SUBMITTED THE APPLICATION, UH, WITH THE APPLICATION.
I THINK THIS IS WHERE THINGS WENT AWRY WITH THE APPLICATION.
WE HAD THE BUILDING, WE HAD THE FLOOR PLANS FROM THE ARCHITECT.
UM, AND I BELIEVE THAT WHEN THE BUILDING INSPECTOR REVIEWED THE PLANS, HE LOOKED AT ONE SPOT TO DETERMINE, UH, WHAT WOULD BE RECREATIONAL USE.
AND IF YOU SEE IN THIS AREA HERE, IT'S THE, THE ARCHITECT DENOTED THE ROOM AS A REC REC ROOM.
AND IF YOU LOOK AT HIS DENIAL, HE DOES SAY THAT WE WANTED TO, THE APPLICANT IS PROPOSING APPROXIMATELY 11% OF THE SPACE FOR WHAT THEY CLASSIFY AS QUOTE, RECREATIONAL USE.
AND I BELIEVE THAT HE JUST LOOKED AT THAT ONE AREA DETERMINED THAT WAS THE RECREATIONAL USE, TOOK THE PERCENTAGE FROM THAT ONE AREA AT 11% AND SAID THAT WAS THE FULL, FULL RECREATIONAL USE, WHICH THEN BECAME IN HIS, UH, BELIEF INCIDENTAL TO THE RE REMAINING 89% AND DENIED THE APPLICATION.
UM, MY CLIENTS, WE, WE SUBMIT THAT IF HE LOOKED AT THE FULL, IF HE, IF HE LOOKED AT THE FULL PLAN, HE WOULD'VE REALIZED IT'S A CIGAR LOUNGE AND SMOKING CIGARS, DRINKING IT, IT'S ALL RECREATIONAL.
WE THEREFORE, UM, HE SHOULD HAVE LOOKED AT THE EVENT ROOM, THE CONFERENCE ROOM, THE TWO LOUNGE AREAS, THE BAR AREA AND THE SURROUNDING AREA AND THE BAR, AND DEEMED ALL THAT RECREATIONAL.
UM, WHICH IF HE DID, IF HE DID, UM, I HAD, LEMME JUST STOP A SECOND.
I SUBMITTED A LETTER TO, UH, FOR THE BOARD'S REVIEW.
[01:30:01]
WHERE THE ARCHITECT BROKE DOWN THE SQUARE FOOTAGE IN ALL THE AREAS THAT HE BROKE IT DOWN FOR THE RECREATIONAL AND THEN THE INCIDENTAL.UM, AND THAT WE BELIEVE THAT IF THE BUILDING INSPECTOR HAD MADE THAT TO LOOKED AT IT ALSO THAT WAY HE WOULD'VE, HE WOULD'VE SAW THAT ABOUT 79% OF THE TOTAL AREA COULD BE DEEMED RECREATIONAL.
AND THE 21% WOULD BE THE, UH, INCIDENTAL PART, WHICH HE WOULD'VE, WHICH MY UNDERSTANDING IS, UM, THE BUILD, UH, THE ARCHITECT LOOKED AT THE RECREATION ROOM, THE EVENT ROOM, THE CONFERENCE ROOM, THE LOUNGES, THE BAR, AND THE SURROUNDING BAR AREAS, UM, WHICH WE, WE BELIEVE WOULD BE RECREATIONAL AND NATURALLY THE, UM, THE BATHROOMS, THE KITCHEN AREA, THE CORRIDORS, THE STAIRS, AND THE THE LITTLE RETAIL SPACE WOULD NOT BE RECREATIONAL.
THAT WOULD BE THE INCIDENTAL PART.
I DON'T KNOW IF ANYBODY HAS ANY QUESTIONS REGARDING THAT.
IF YOU WOULD BE SO KIND, UM, UNDERSTANDING WHAT YOU'RE ASKING US, COULD YOU WALK THROUGH EACH OF THE LOUNGE SPACES TO THE REC ROOM AS TO WHAT ACTUALLY WOULD OCCUR IN EACH SPACE? SURE.
UH, STARTING START WITH DIRECT ROOM.
DIRECT ROOM, UM, WILL HAVE A POOL TABLE, A SHUFFLEBOARD DART AREA FOR, UH, DARTS.
UM, THE EVENT, THE EVENT ROOMS. THE EVENT ROOMS. THEY'RE WHOLE, THEY'RE WHOLE DIFFERENT EVENTS, FUNDRAISERS, BUT THEY'LL HAVE CIGAR ROLLING.
THEY'LL HAVE, UM, WINE TASTING EVENTS.
UM, MY UNDERSTANDING HERE, UH, WINE COMPANIES, UM, CIGAR COMPANIES, THEY CAN COME SET UP, UH, TABLES, ALL RIGHT.
AND THEY HAND OUT, THEY HAND OUT LITTLE, YOU KNOW, LIKE PACK THE CIGAR.
COMPANIES WILL HAND OUT PACKETS WITH SOME SAMPLE CIGARS IN IT.
UM, MAGAZINES, UH, BROCHURES OF THEIR PRODUCTS WHERE THE MEMBER, WHERE THE MEMBERS CAN, YOU KNOW, CAN PARTICIPATE.
THE CONFERENCE ROOM WILL BE THE SAME, WILL BE THE SAME, BUT ALSO HAVE, IT'LL BE A CONFERENCE AREA IF SOMEBODY, IF, UH, CLIENTS WANNA MEET THERE OR MEMBERS WANNA MEET THERE, UH, FOR BUSINESS, THEY CAN DO, THEY CAN DO THAT.
UH, THEY CAN HAVE CONFERENCES THERE IN THE FRONT, WHICH WILL FACE CENTRAL AVENUE.
THEY'LL HAVE LOUNGE CHAIRS TABLE SET UP, UH, IN A VERY RELAXED ATMOSPHERE.
UM, MY UNDERSTANDING, THERE'LL BE A WALL I, AND NOT A FULL WALL ACROSS, BUT, BUT, UM, MAYBE ABOUT A 10 FOOT WALL.
AND IT'LL BE PAST THROUGH ON EACH SIDE.
IT WILL HAVE TVS, UH, AND IT'LL HAVE A, UM, FIREPLACE, BUT NOT, NOT LIKE A WOODEN FIREPLACE.
UM, THE GAS FIREPLACES, THEY, THEY HAVE THOSE UNITS NOW.
YOU, YOU CAN, UH, YOU CAN PUT, YOU KNOW, YOU CAN, YOU CAN USE IT.
THEY'LL HAVE, THEY'LL HAVE, UH, THE FIREPLACE THERE.
THE, THE LOUNGE AREA ITSELF WILL HAVE TVS, UM, IN THE BACK PART OF ONE OF THE LOUNGE AREAS.
THERE'LL BE LOCKERS FOR, UH, MEMBERS FOR THEIR CIGARS.
THERE'LL BE A HOST OF LOCKERS, UM, IN THE BAR AREA AND THE SURROUNDING AREA.
IT'LL BE, UM, TABLES, CHAIRS, LOUNGE, UH, LOUNGE CHAIRS, ALSO MORE TVS, UH, IN ALL THE AREAS THEY'LL HAVE, UM, YOU'LL BE ABLE TO HAVE GAMES.
MY UNDERSTANDING THAT THE TABLETOPS, WE'LL HAVE, UM, CHESS BOARDS, BACKGAMMON ON SOME OF THEM.
SO THE, SO THE MEMBERS CAN PLAY, UH, CHECKERS, CHESS, BACKGAMMON, UM, BARRY S GAINESVILLE HAVE MAGAZINES THERE, UM, PROFESSIONAL JOURNALS, LAW JOURNALS, WALL STREET JOURNAL AND STUFF LIKE THAT.
FINANCIAL, FINANCIAL, UM, JOURNALS AVAILABLE FOR THE MEMBERS, UM, MEMBERS.
I'M JUST LOOKING TO SEE IF ANYTHING ELSE, UM, YEAH, THAT'S, THAT'S ABOUT, THAT'S ABOUT IT.
THEY, UH, IN, IN, IN THOSE AREAS AGAIN.
THEN MY LAST QUESTION IS JUST SO THAT, FOR THOSE THAT MAY NOT UNDERSTAND WHAT YOUR PROPOSED, UM, LOUNGE WOULD LOOK LIKE, UH, JUST SO THAT FIRST, I UNDERSTAND THE MEMBERSHIP YOU'RE TALKING ABOUT IS THAT ANYONE THAT WOULD PARTICIPATE
[01:35:01]
IN THE LOUNGE WOULD BE A PAID MEMBER, NOT OPEN TO THE PUBLIC PER SE, THAT JUST ANYONE JUST WALKS OFF THE STREET AND COULD CONGREGATE OR LOITER IN THE LOCATION? NO, YOU HAVE TO BE, YOU HAVE TO BE A MEMBER.NOW, MEMBERSHIPS CAN BE A ONE DAY MEMBER, THEY CAN BE ANNUAL MEMBERSHIPS.
WELL, THEY'RE NOT ANNUAL PER SE, BUT THEY'RE MONTHLY.
UM, UM, BUT THEY CAN BE A ONE DAY MEMBER.
YOU CAN'T COME IN UNLESS YOU'RE A MEMBER.
UM, SO THE, THE ANSWER TO THAT IS NO, BUT THEY CAN BUY A ONE DAY MEMBERSHIP TO COME IN.
AND THAT MEMBERSHIP WOULD, WHAT, WHAT ARE THE CRITERION TO GET A MEMBERSHIP, JUST FOR ARGUMENT'S SAKE, JUST SO EVERYONE'S CLEAR WHAT THE PROPOSAL IS? WELL, YOU GOTTA BE OVER 21.
YOU GOTTA BE LEGAL DRINKING AGE OR LEGAL SMOKING AGE, ALL RIGHT? MM-HMM.
UM, THEY HAVE, THEY HAVE THE COMPUTER SYSTEM SET UP, YOU KNOW, YOU GOTTA, YOU GOTTA SHOW A VALID ID.
UM, IF SOMEBODY WAS THERE, IF A GUEST BROUGHT THEIR CHILD, EVERYBODY ASKED TO HAVE AN ID, THAT, MY UNDERSTANDING THAT ID, THEY WOULD HAVE WOULD BE MARKED ALL RIGHT, UNDER 21, UH, YOU KNOW, AND THEY WOULD NOT BE SERVED ALCOHOL OR CIGARS NATURALLY.
UM, AND I JUST DON'T THINK THAT YOU CAN RESTRICT THAT.
BUT, UH, THEM COMING IN, BUT THEY WOULD NOT BE ABLE TO, LIKE I SAID, DRINK OR SMOKE.
AND THIS IS AN ACTUAL BAR THAT YOU'D SERVE ALCOHOL FROM? THAT'S WE'LL SIT HERE IN THE MIDDLE.
IS IT JUST, IS IT JUST CIGAR SMOKING OR CIGARETTE SMOKERS ALSO USE THE FACILITY? WELL, IT, IT'S NOT, I, I, IT'S NOT RESTRICTED PER SE.
I, I KNOW ONE THING, UM, I HAD CONVERSATIONS WITH THE CLIENTS.
UM, I BELIEVE WE HAD SPOKEN TO SOMEBODY.
THERE DEFINITELY WILL NOT BE HOOKAH OR MARIJUANA.
THAT'S, THEY'RE GONNA FORBID THAT THEY DON'T.
AND, AND, AND IT'S FORBIDDEN, BUT I, THEY, THEY REALLY DON'T PERCEIVE A PROBLEM 'CAUSE THAT'S NOT THE CLIENTELE.
UM, BUT IF SOMEBODY WANTED TO DO THAT, THAT WOULD NOT BE ALLOWED.
IS THERE ANY OTHER, DO YOU, DO YOU WANNA GO INTO YOUR OTHER ASK OR, OR IF ANYBODY ELSE WANTS TO SPEAK ABOUT THIS PART? I WOULD, I WOULD GLADLY, YOU KNOW WHAT THE, OH, WHEN, HOLD ON.
ARE YOU FROM A MEMBER FROM THE PUBLIC? YEAH.
SO I JUST, IS THERE ANY, UH, WELL, OKAY, WE'LL, IF YOU'D LIKE TO SPEAK, YOU JUST HAVE TO STATE YOUR NAME FOR THE RECORD SO THAT, SO THAT OUR, UM, COURT REPORTER CAN, SO GO AHEAD.
MA'AM, IF YOU COULD UNMUTE AND THEN PLEASE POSE YOUR QUESTION.
I'M LIVING AT 17 AT DALE, AND, UH, I HAVE CONCERN BECAUSE WE SHOP LUNCH, IT BE VERY CLOSE TO MY HOME.
AND, UH, I I LIKE TO KNOW, UH, WE SCHEDULE DO YOU PLAN TO, TO, TO, UH, TO OPEN LIGHT AND ALSO YOU, YOU, YOU SERVE FOOD AND, RIGHT.
UH, I, I DIDN'T UNDERSTAND, BUT I, SHE WAS ASKED IF I SERVE FOOD, ALCOHOL, AND WHY.
I DUNNO HOW TO TYPE OF A QUESTION.
SO, UM, MA'AM, SHE, SHE PO SHE POSED THE QUESTION, UM, YOUR HOURS WOULD, WOULD YOU BES, UH, THAT YOU BE OPEN AND WOULD YOU BE SERVING FOOD? UH, BUT MA'AM, IF YOU WANNA STATE ALL YOUR COMMENTS, I WILL TRACK THEM.
AND THEN, UM, WE CAN HAVE A RESPONSE.
YOU, I JUST, UH, WANT TO KNOW IF YOU, UH, YOU SERVE AND, AND FOOD, AND IF YOU ARE OPEN LEG.
AND I'M, AND THE, THE SAFETY, BECAUSE I'M, I'M LIVING VERY CLOSE.
SO, AND ALSO THE DEPRESSION OF, UH, OF, UH, OF A HOUSE, OF, OF MY NEIGHBOR, BECAUSE IT'S A VERY RESIDENTIAL AREA, AREA.
AND I'M AFRAID, UH, OF THE C WILL GO, WILL BRING DOWN THE, THE, THE PRICE ON THE PROPERTIES.
IT'S THE SAFETY AND NOISE, YOU KNOW, BECAUSE IF YOU SERVE UNCLE HORN AND, AND FOOD, YOU HAVE TO, THEY HAVE CHANCE, BUT THEY HAVE NOISE.
THE SAFETY WILL NOT BE, UH, WILL NOT BE KEPT.
WHAT, WHAT IS YOUR ADDRESS, MA'AM? WHERE DO YOU LIVE? UH, 17.
[01:40:02]
ONE SEVEN RES VIEW, TEN FIVE THREE ZERO IS MY PROPERTY.THE, UM, LEMME SAY WE'RE GONNA SERVE ALCOHOL.
THE, THE HOURS ARE PROBABLY, THE HOURS ARE AROUND 11:00 AM TO ABOUT 10:00 PM ALL RIGHT.
UM, A CIGAR LOUNGE FOR MY CLIENTS TO TELL ME MY OWN EXPERIENCE, A CIGAR LOUNGE IS A VERY RELAXED ATMOSPHERE.
ALL RIGHT? IT'S, UH, NOT, IT'S NOT LIKE A REGULAR BAR.
IF YOU THINK OF LIKE A REGULAR BAR, IT'S NOT LIKE THAT.
THEY'RE VERY, IT'S VERY RELAXED ATMOSPHERE.
UH, PEOPLE ARE THERE TO SOCIALIZE WITH ONE ANOTHER, ALL RIGHT? THEY'LL DRINK, UH, CIGARS, CIGAR SMOKERS.
THEY, YOU KNOW, THEY LIKE TO HAVE A BRANDY OR A COGNAC, UH, WHEN THEY'RE SMOKING.
SO, UH, IT'S, IT'S, IT'S, IT'S MORE OF A RELAXED ATMOSPHERE, NOT A BAR AT BAR TYPE ATMOSPHERE.
UM, MY, MY CLIENTS INDICATE, UH, NORMALLY THEY'LL BE CLOSING AT 10:00 PM MAYBE 11 O'CLOCK, DEPENDING ON, UH, IF IT'S FOOTBALL SEASON, RIGHT? THE GAMES RUN A LITTLE LONGER, BUT, UH, NOT, NOT, NOT PAST 11 O'CLOCK.
THEY DON'T, THEY DON'T BELIEVE.
I, I WANNA MAKE ONE CORRECTION.
IT'S PROBABLY MIDNIGHT WOULD BE THE LATEST ON, UH, ON THE WEEKENDS.
UM, IS THERE ANYONE ELSE FROM THE PUBLIC THAT WOULD LIKE TO COMMENT ON THIS PORTION OF THE PRESENTATION? CAN YOU HEAR ME NOW? WE CAN.
MY NAME'S WALTER JOSHI AND I'M THE OPERATIONS MANAGER FOR CASTLE KIDS BEDROOMS. WE ARE THE FIRST FLOOR TENANT, AND THE CONCERN WE HAVE IS THE, UH, EXCUSE ME, I'M SORRY TO INTERRUPT.
DID YOU STATE YOUR NAME? SURE.
J O S H I, I AM THE OPERATIONS MANAGER FOR CASTLE KIDS BEDROOMS. WE OCCUPY THE FIRST FLOOR OF 180 3 CENTRAL AVENUE.
UH, THE CONCERN, UH, I HAVE IS THAT, UH, LARGE COMPONENT OF OUR CLIENTELE ARE PREGNANT WOMEN.
AND THIS, THE CONCERN IS SECONDHAND SMOKE PERMEATING INTO THE MAIN FLOOR FROM THAT UPPER LEVEL, UH, A GOOD CONCERN, MY UNDERSTANDING, UM, THE, THE, THE PREMISES WILL BE EQUIPPED WITH, UM, LET ME GIVE YOU ONE THING.
THEY'RE GONNA BE EQUIPPED WITH, UM, COMMERCIAL SEAL AND MOUNTED AIR FILTRATION SYSTEM WITH CARBON AND HEPA FILTERS THAT WILL ELIMINATE THE SMOKE FROM INSIDE.
UM, IF, IF IT'S A CONCERN, I CAN TELL MY CLIENTS WE CAN, WE CAN MAKE SURE THAT THE SMOKE DOESN'T GO THROUGH THE FLOOR WHEN THEY, WHEN THEY, UH, WHEN THEY PUT THE FLOOR IN.
WE CAN PUT A BARRIER IN THERE.
I DON'T THINK THAT WOULD BE AN ISSUE.
UH, 'CAUSE I, I UNDERSTAND YOUR CONCERN.
UH, DO YOU KNOW WHETHER OR NOT THE CLIENTS WILL BE, UM, ABLE TO SMOKE OUTSIDE OF THE PROPERTY, WHICH IS OUR MAIN PRIMARY ENTRANCE? THE WAY THAT BUILDING'S SET UP THE, THE MAIN PARKING LOT IN ENTRANCE IS THE REAR.
AND OBVIOUSLY, I'M GONNA HAVE CUSTOMERS COMING IN WITH THEIR FAMILIES AND CHILDREN, UH, PREGNANT WOMEN COMING IN FROM THE REAR IN THERE.
UH, ARE THEY GONNA BE EXPERIENCING ANY SMOKING OUTSIDE OF THE PROPERTY? UH, IN THE PARKING LOT? NO.
THE, THE, THE, THE SMOKING HAS TO BE DONE ON PREMISE.
ALL WE'LL, UH, WE'LL, WE WON'T ALLOW THAT.
UH, THE ONLY OTHER FINAL THING IS, 'CAUSE WE, I'VE BEEN THERE FOR 20 YEARS, IS, UH, THE PRIMARY, EXCUSE ME, GO AHEAD.
UH, THE, THE MAIN ISSUE IS THE INSULATION OF THE MAIN FLOOR ON TOP.
UH, IT'S, IT WAS, IT'S AN OLD BUILDING AND YOU CAN CONSTANTLY HEAR THE, THE FOOTSTEPS OF, OF ANYBODY UP THERE.
SO I DON'T KNOW IF YOU'RE LOOKING TO ADD ANY INSULATION TO THE MAIN FLOOR UP THERE TO HELP DEADEN THAT.
UM, MY UNDERSTANDING WITH THE, UM, WHEN, UM, THE CONTRACTOR WAS THERE, THEY BELIEVE THAT THE FLOOR HAS TO BE, UM, UH, SCREW DOWN BETTER, SO THAT, THAT'S AN ISSUE.
'CAUSE THEY'RE NOT GONNA BE ABLE TO PUT THEIR, THEIR FLOORING ON TOP OF IT UNTIL IT'S SECURED BETTER.
SO I KNOW THEY'RE GONNA SECURE THE FLOOR, BUT NOTHING ABOUT INSUL ADDED INSULATION TO, TO, TO DEADEN ANY, UH, BECAUSE I'VE BEEN THERE, JUST, YOU CAN HEAR ANY KIND OF FOOTSTEPS.
SO IF IT'S GONNA BE ANY KIND OF HIGH TRAFFIC, IT'S GONNA COME THROUGH THE, UH, INTO OUR MAIN FLOOR.
I DON'T THINK IT, I DON'T THINK IT, UM, THEY DISCUSSED THAT, BUT I CAN DEFINITELY, WE CAN DEFINITELY DISCUSS THAT, UM, THAT THAT WOULDN'T BE AN ISSUE.
[01:45:01]
YOU KNOW, UM, IF EVERYTHING IS APPROVED, YOU KNOW, WE, WE MEET WITH THE CONTRACTOR AGAIN, WE, WE GLADLY HAVE YOU THERE TO DISCUSS IT.CONCERN, YEAH, I MEAN, THE PRIMARY IS JUST, IS THE SECONDHAND SMOKE.
YOU, YOU KNOW, PREGNANT WHEN GOING IN THERE IS, IS THEY'RE, IT'S JUST NOT GONNA WORK IF THEY GO IN THERE AND THEY SMELL THAT.
SO THAT COULD BE ADDRESSED THROUGH ANY KIND OF VENTILATION THAT YOU'RE DOING UP THERE, THAT, THAT'S APPRECIATED, OF COURSE.
IS THERE ANYONE ELSE FOR THIS QUESTION? UM, YES.
COMMISSIONER DUQUE, IT MAY BE HELPFUL IF YOU SHARE THE DEFINITION OF COMMERCIAL REC ON CENTRAL AVENUE FOR ALL THE MEMBERS OF THE ZONING BOARD SO THAT THEY COULD READ IT.
I THINK IT MAY HELP THEM IN MAKING A DETERMINATION AS TO WHETHER THIS DOES FIT INTO COMMERCIAL RECREATION OR NOT.
I'D BE HAPPY TO DO THAT IF YOU JUST GIMME A MOMENT.
IF, IF THERE'S ANY OTHER QUESTIONS OR TESTIMONY AS I PULL THIS UP, UM, PLEASE FEEL FREE.
AND, UM, MR. MONTE, LEON, IF YOU COULD KINDLY, UH, STOP SHARING SCREEN AND I WILL, UH, PULL THAT UP.
SO THIS IS THE CA DISTRICT'S DEFINITION OF FULLY ENCLOSED OF, OF SECTION, UH, B USES REQUIRING SPECIAL PERMIT.
AND THIS IS, UH, SECTION ONE, FULLY ENCLOSED COMMERCIAL RECREATION FACILITIES INCLUDING BOWLING ALLEYS, HEALTH SPAS AND CLUBS, TENNIS, PADDLE TENNIS, HANDBALL AND SQUASH FACILITIES, AND USES ACCESSORY AND INCIDENTAL TO COMMERCIAL RECREATION, SUCH AS LOCKER ROOMS, EATING AND DRINKING FACILITIES, AND RETAIL SALE OF GOODS ASSOCIATED WITH THE PRIMARY ACTIVITY.
UM, SO MR. MONTEON, DO YOU WANT TO, UH, KEEP GOING REGARDING A USE VARIANCE? UM, YEAH, I'LL GO DOWN THE, THE FOUR CRITERIA, IF YOU DON'T MIND.
UM, THE FIRST ONE IS THE APPLICANT CAN'T REALIZE A REASONABLE RETURN, UM, PROVIDED THE, THE LACK OF RETURN IS SUBSTANTIAL AS DEMONSTRATED BY COMPETENT FINANCIAL EVIDENCE THAT I, THAT ONE, THERE IS AN ISSUE BECAUSE COMPETENT FINANCIAL EVIDENCE MIGHT, MIGHT, THE OWNER OF THE BUILDING HASN'T BEEN ABLE TO RENT THE SECOND FLOOR.
SO TO SHOW A NEGATIVE THAT, THAT, THAT, YOU KNOW, THAT THAT'S HARD.
HOWEVER, UM, WHAT HE'S INDICATED, HE'S OWNED THE BUILDING SINCE ABOUT JANUARY, 2018.
UM, IT'S RIGHT NOW THE APPLICANT, UH, DE MONTE'S THE FIRST ONE WHO SIGNED A, A, A LEASE WITH THE OWNER.
UM, AND IF IT'S NOT APPROVED AND THIS, THIS, THIS, UM, THEY CAN'T OPERATE THE CIGAR DO THERE, THEN I BELIEVE THE OWNER'S GONNA HAVE, UH, UNDER THE CURRENT CONDITIONS, HE'S GONNA HAVE A HARD TIME RERENTING THIS SPACE.
UM, AND ONE OF THE REASONS HE'S GONNA HAVE A HARD TIME IS, YOU KNOW, CO COVID COVID ISS AFFECTED, NUMBER ONE, COVID IS AFFECTED COMMERCIAL REAL ESTATE INDUSTRY, YOU KNOW, THROUGHOUT THE COUNTRY.
UM, THE SECOND IS, IT, IT CREATES A HARDSHIP THAT HE'S ON THE SECOND FLOOR AS OPPOSED TO THE FIRST FLOOR.
PEOPLE RIGHT NOW, UNDER THE CURRENT CONDITIONS ARE HAVING A DIFFICULT TIME RENTING FIRST FLOOR SPACE.
UH, IT MAKES IT MUCH, MUCH HARDER TO RENT.
UM, AND IN THIS CASE, UH, FOR WHAT, WHAT THE, UH, WHAT THE OWNER HAS INDICATED IN HIS AFFIDAVIT IS THAT HE HAS TRIED TO RENT IT, AND HE'S BEEN UNSUCCESSFUL, UH, SINCE 2018.
[01:50:01]
THAT, THAT ACTUALLY, THAT, THAT ANSWERS THE SECOND, THE FIRST FLOOR VERSUS, UH, SECOND FLOOR VERSUS FIRST FLOOR, UH, ANSWERS.THE SECOND PRONG OF THE ALLEGED HARDSHIP RELATING TO THE PROPERTY.
UM, ALSO IS THAT IT'S, IT'S IT'S SUBSTANTIAL PORTION OF THE DISTRICT IN THE NEIGHBORHOOD.
MOST OF THE, MOST OF THE RENTAL SPACE ON CENTRAL AVENUE, YOU KNOW, IT'S FIRST FLOOR, IT'S GROUND FLOOR.
SO IT MAKES IT, LIKE I SAID, IT MAKES IT EVEN HARDER TO RENT A SECOND FLOOR, UH, SPACE IN THIS, IN THIS, UM, ENVIRONMENT.
UM, THE REQUESTED VARIANCE, IF GRANTED, WILL NOT, NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD.
UM, ONE OF THE, UM, ONE OF THE MEMBERS OF THE PUBLIC, WE INDICATED THEY LIVED THERE.
AND AS I EXPLAINED, UH, THE OPERATION OF THE CIGAR LOUNGE, OR IT HAS, WILL HAVE A VERY DIMINISHED, DIMINISH EFFECT ON THE LEVEL OF COMMERCIAL ACTIVITY ON THE PROPERTY AND IN THE DISTRICT IN GENERAL.
UM, THE HOURS OF OPERATION WILL BE FROM ROUGHLY 11:00 AM, UH, 10:00 AM DURING THE WEEKDAYS AND THE 12 O'CLOCK LATEST DURING THE WEEKEND.
UM, THAT'S NOT GONNA OVERBURDEN THE CURRENT LEVEL OF, UH, COMMERCIAL TRAFFIC IN THE AREA.
THE, THE PREMISE HAS APPROXIMATELY 37 SPOTS THAT IS MORE THAN AMPLE TO, UM, SUPPORT THE, THE EXISTING PARKING NEEDS OF THE CURRENT TENANTS.
IT'S A VERY RELAXED ATMOSPHERE, ALL RIGHT.
IT'LL HAVE NO DETRIMENTAL EFFECT ON THE PROPERTY, THE ADJACENT PROPERTIES, THE ORDERLY DEVELOPMENT OF THEM.
UM, AGAIN, IN CHANGING IT FROM A GENERAL USE COMMERCIAL USE NOW TO A CIGAR LOUNGE, UM, IT'S NOT GONNA CREATE ANY TRAFFIC TO PEDESTRIANS.
THE ACCESS, THE ACCESSIBILITY TO THE PROPERTY IS GOOD.
IT CAN, UM, IT'S LOW DENSITY IN TRAFFIC.
THE DESIGN WILL ENABLE, UM, THE FIRE AND POLICE TO ADEQUATELY SERVICE THE BUILDING.
IT'LL, IT'LL BE ABLE TO SERVICE, UH, THE TRASH, THE TRAFFIC.
C CIRCULATION IS, IS, WOULD BE WELL SUITED THERE.
UM, AGAIN, THE FUMES FROM THE, FROM THE LOUNGE WILL BE HANDLED BY COMMERCIAL, UH, CARBON AND HEPA FILTERS.
UH, SO THE AIR WILL BE, THE, THE SMOKE WILL GO UP AND NOT DOWN.
UM, AND, UM, IT WILL NOT ACTUALLY, FROM MY UNDERSTANDING, IT WILL NOT ACTUALLY LEAVE THE BUILDING THAT IT GETS, IT GETS, UH, PROCESSED IN THESE FILTERS.
UH, LASTLY, THE, THE HARDSHIP HAS NOT BEEN SELF-CREATED.
UM, THE, THE CLIENT, AGAIN, C OVID 19, HAS CREATED A, A, A DETRIMENTAL IMPACT ON ALL COMMERCIAL REAL ESTATE.
UM, THIS HAS NOT BEEN SELF-CREATED BY THE OWNER.
UH, IT JUST HAPPENS TO BE, YOU KNOW, HE'S, HE'S A VICTIM OF THE, UH, UH, OF THE DOWNTURN IN THE COMMERCIAL REAL ESTATE MARKET.
AND YOU COULD SEE THAT HE'S DEFINITELY NOT, UH, IT'S NOT BEING CREATED.
'CAUSE IF YOU GO UP AND DOWN CENTRAL AVENUE, THERE IS A LOT OF, A LOT, A LOT OF VACANT SPACE, UM, FROM THE DOWNTURN IN, IN THE, IN THE COMMERCIAL MARKET.
UM, I PROVIDED THE BOARD WITH A LIST, UM, THAT'S PROVIDED FROM THE TOWN OF GREENBURG WITH ALL, I, I DON'T WANNA SAY ALL, BUT A LOT OF THE, THE, A LOT OF THE VACANT SPACE UP AND DOWN CENTRAL AVENUE OR IN THE, UM, IN THE GREENBURG AREA.
AND AS YOU CAN SEE, IT IS, IT IS A SUBSTANTIAL LIST OF VACANT, UH, SPACE IN THE AREA.
UM, SO WITH THAT, IF THERE'S ANY OTHER QUESTIONS REGARDING THE USE VARIANCE, DOES ANYONE, UM, HAVE ANY QUESTIONS FROM THE BOARD? I HAVE ONE, JUST A ANOTHER QUESTION, NOT ABOUT THE USE VARIANCE, BUT ABOUT THE, THE CLUB ITSELF.
SO THIS IS NOT A NOT-FOR-PROFIT CLUB? YES, IT'S, IT IS, YES.
AND IS THERE A BOARD OF DIRECTORS AND THAT KIND OF THING WITH IT OR IT, THERE WILL BE, UM, NON-FOR-PROFITS ARE
[01:55:01]
REGULATED BY THE ATTORNEY GENERAL.THEY HAVE CERTAIN BYLAWS AND EVERYTHING THAT THEY HAVE TO, THEY HAVE TO FILE.
IT'S A NEW, IT'S A NEWLY, UM, AND IT'S A NEWLY FORMED NOT-FOR-PROFIT.
SO THERE'S GONNA BE A BOARD OF DIRECT, LIKE A OFFICERS AND A, A BOARD AND YES, YES.
IT'S, AGAIN, I SAID IT'S REGULATED BY THE ATTORNEY GENERAL.
YOU HAVE TO, THERE'S SUBMISSIONS EVERY YEAR THAT HAS TO BE DONE.
CHRISTIE, I DO HAVE ONE LAST QUESTION.
UM, COVID OUT OF THE WAY, WHAT IS THE MAXIMUM OCCUPANCY THAT YOU COULD SEE BEING IN THAT, UH, FACILITY? ANY ONE TIME? UM, I, I COULDN'T TELL.
WELL, LEMME PUT IT WAY, I CAN'T TELL YOU WHAT THE OCCUPANCY WOULD BE IF APPROVED.
UM, GUESSTIMATE, 25, 30 PEOPLE MAYBE.
YOU KNOW, MY CLIENTS WANT TO HAVE, THEY, THEY TALKED ABOUT HAVING, UM, UM, SHUFFLEBOARD LEAGUES, DART LEAGUES.
SO I DON'T KNOW HOW MANY PEOPLE THAT GENERATES, YOU KNOW, AT A TIME.
SO ESSENTIALLY YOU WOULD BE ABLE TO DO, SAY, BACHELOR PARTIES IF THEY, UH, PROVIDED THE ONE DAY MEMBERSHIP THAT YOU MENTIONED? UH, I COULD, WE DO, I I, THAT WOULDN'T, I DON'T BELIEVE THAT WOULD BE, THAT WOULD BE ALLOWED BECAUSE I, IF 30 PEOPLE COME IN THAT YOU, YOU WOULD PICK UP THE WHOLE PLACE.
I DON'T THINK THE CLIENT, THEN YOU WOULD, THEN YOU WOULD HAVE THE, THE TRUE MEMBERS THERE, THEY, THERE WOULD BE A PROBLEM.
SO I DON'T THINK SOMETHING LIKE THAT, UH, THEY'RE GONNA ALLOW PARTIES.
I, I DON'T BELIEVE, I DON'T BELIEVE THAT, YOU KNOW, UH, THEY WOULD DO THAT.
I MEAN, YOU, YOU MENTIONED EVENTS, AND I WOULD THINK AN EVENT DOES DRAW NORMALLY MORE PEOPLE THAN PERHAPS USUAL.
THE, THE, AGAIN, THE EVENTS ARE, ARE LIKE THE, UH, CIGAR COMPANIES.
THEY WANT TO PROMOTE THEIR CIGARS.
THEY WOULD COME AND THEY WOULD SET UP, LIKE I SAID, MY, FROM WHAT I'VE ALWAYS KNOWN, LIKE, YOU KNOW, SET UP TABLES, YOU HAVE THESE LITTLE, UH, FREE GIVEAWAYS.
THEY GIVE YOU, YOU KNOW, THREE OR FOUR SAMPLE CIGARS, THEY'RE BROCHURES.
UM, WINE COMPANIES WOULD DO THE SAME THING, THE DIFFERENT THAT TASTE THE WINES, UM, EVENTS THOUGH, LIKE BACHELOR PARTIES AND STUFF LIKE THAT, UM, I DON'T, I DON'T BELIEVE THAT THAT'S WHAT THEY'RE LOOKING FOR.
UM, BUT SOMEONE, WELL, I'LL WITHDRAW THAT.
UM, SO LOOKING AT THE SPACE, OR DO YOU HAVE ANY ESTIMATION OF THE NUMBER OF ACTUAL SEATING ARRANGEMENTS YOU HAVE AND HOW MANY PEOPLE COULD BE AT THE BAR? SO WE'D HAVE A LITTLE BETTER IDEA OF HOW THESE ROOMS WOULD BE OCCUPIED? UM, I, I DON'T HAVE IT IN FRONT OF ME.
I CAN GET THE BOARD THAT INFORMATION.
I CAN TELL YOU THE NUMBER OF, UM, NUMBER SEATS AT THE BAR, UH, AND HOW MANY TABLES AND LOUNGE, UH, YOU KNOW, AND, UH, HOW MANY TABLES AND CHAIRS IN THE LOUNGE AREAS.
I CAN PROVIDE THAT TO THE BOARD.
AND, AND WHEN YOU SAY YOU HAVE FOOD, IS THAT SOMETHING THAT IS ALWAYS AVAILABLE AND IS IT PREPACKAGED OR DO YOU ACTUALLY HAVE, UH, MEALS OF SOME SORT SERVED? FROM MY UNDERSTANDING, IT'S NOT A FULL KITCHEN WITH A, WITH A GRILL AND EVERYTHING, BUT THEY'RE GONNA HAVE, UM, APPETIZER TYPE MEALS.
UH, THEY INDICATED THAT, THAT THEY WILL BE ABLE TO HEAT THEM WITH, WHETHER IT'S, UM, AIR FRYERS, COMMERCIAL, AIR FRYERS, SOMETHING, BUT THEY'RE NOT GONNA HAVE A FULL GRILL, UH, SERVING HAMBURGERS AND STUFF LIKE THAT.
BUT, UH, THEY WILL HAVE A MENU AND IT'LL BE MORE OF AN APPETIZER.
AND JUST, I HAVE ONE QUESTION ON THE USE OF THE CONFERENCE ROOM.
IS THAT SPECIFICALLY FOR LIKE, UH, TABLE FOR LIKE BOARD MEETINGS? LIKE WHAT, WHAT WOULD YOU DO IN THE CONFERENCE ROOM? IT, YOU COULD DO IT, YOU KNOW, YOU COULD DO WHATEVER YOU WANT.
THERE'LL BE A CONFERENCE ROOM TABLE.
SO IF MEMBERS WANTED TO COME IN AND HAVE A CONFERENCE, UM, MAYBE BRING, BRING, UH, CLIENTS THERE, THEY WOULD BE ABLE TO, THEY WOULD BE ABLE TO DO THAT.
WOULD THEY RENT, RENT IT OUT THOUGH, TO OTHER ORGANIZATIONS, OR, OR IS NO, YOU KNOW, SAME THING WITH, YOU KNOW, PEOPLE TO COME IN BOARD MEETINGS.
UM, SO IT WOULD BE STRICTLY FOR THE MEMBERS' USE.
THEY WOULDN'T HAVE LIKE, EXTERNAL
[02:00:01]
COMPANIES COMING IN AND USING THE SPACE FOR BOARD MEETINGS? NO, UH, UH, IF, UM, UH, I'LL USE AN EXAMPLE, A LAWYERIF YOU'RE THE MEMBER, YOU, YOU HAVE A RIGHT TO BRING GUESTS.
THEY WOULD'VE A GUEST PASS FOR THE DAY AND THEN THEY COULD SIT DOWN AND USE THE, YOU KNOW, USE THE CONFERENCE ROOM AND MEET THERE.
GETTING BACK TO THE, UH, PARKING, HOW MANY SPACES ARE THERE FOR BOTH THE, FOR THE BUILDING, FOR THE ENTIRE BUILDING AND USAGE? THERE'S, THERE'S 37, THERE'S 37 SPACES, I BELIEVE.
AND, AND IT WOULD OPERATE SEVEN DAYS A WEEK? YES.
AND DO YOU HAVE ANY EST ESTIMATE OF THE SPACES THAT ARE NORMALLY USED BY THE TENANT ON THE FIRST FLOOR THROUGHOUT THE DAY? VER THE TIMES I'VE BEEN THERE, VERY, VERY MINIMAL.
UH, IF THERE'S, YOU KNOW, UH, FIVE CARS THERE AT, AT ANY ONE TIME THAT I'VE BEEN THERE, THAT WOULD BE A LOT.
AND IS THERE ANY, UH, LOCATIONS THAT WOULD BE AVAILABLE OTHER THAN THE PARKING, UH, FOR, LET'S SAY IF YOU HAD SOME TYPE OF EVENT, AND ALSO IF THERE WAS, UH, YOU KNOW, PERHAPS A LITTLE MORE USAGE OF THE STORE AT THE SAME TIME? UH, I HAD SPOKEN TO THE, THE OWNER NEXT DOOR.
THERE'S A, THERE'S A, THERE IS A, A SHOPPING CENTER NEXT DOOR HAS A LOT OF, LOT OF, UM, SPOTS.
I HAD SPOKEN TO HIM THAT IF I DID NEED SPOTS TO RENT SPOTS OR SOMETHING, HE WOULD BE AMENABLE TO IT.
OUR CONVERSATION, UH, WAS STRICTLY ALONG THOSE LINES.
WE, WE DIDN'T GET INTO ANY DETAILS, UH, WITH IT, BUT HE WOULD, HE, HE WOULD BE AMENABLE TO, YOU KNOW, UH, RENTED SPOTS IF I NEEDED IT.
ARE THERE ANY OTHER QUESTIONS FROM ANYONE IN THE AUDIENCE? WE'RE ON THE BOARD.
IF YOU STILL HAVE THE REPRESENTATIVE OF THE, UH, TENANT DOWNSTAIRS, YOU MIGHT BE ABLE TO ASK HIM ABOUT HIS UTILIZATION OF, IN TERMS OF PARKING.
DO YOU, WHAT, WHAT ARE YOUR PARKING? YEAH, TYPICALLY ON A WEEKDAY HE'S CORRECT.
IT'S PRIMARILY A SATURDAY SUNDAY WHERE WE HAVE MOST OF THE CUSTOMERS COMING IN.
HOW MANY, UH, ON A, ON A BUSY SATURDAY, SUNDAY, YOU WOULD HAVE MAYBE FOUR OR FIVE CARS AT ONE TIME.
AND WHAT ARE YOUR OPERATIONS NORMALLY? OURS OPERATION ARE TYPICALLY FROM 11 TO SIX, MONDAY THROUGH SATURDAY, SUNDAY, 12 TO FIVE.
IT'D PROBABLY BE HELPFUL TO ALSO KNOW HOW MUCH PARKING, JUST IN TERMS OF THE PARKING REQUIREMENT FOR THE SITE, YOU KNOW, 'CAUSE THERE'S A COUPLE OF DIFFERENT USES IN THERE.
WHAT THE PARKING REQUIREMENT IS, YOU KNOW, IN TERMS OF ZONING FOR ALL OF THE USES AND WHETHER OR NOT THERE'S ENOUGH PARKING FOR THE SECOND.
MR. MR. JOSHI, UH, HOW MANY, UH, TENANTS ARE THERE, ARE THERE ANY OTHER TENANTS BESIDES YOU ON THE FIRST FLOOR? UH, IT'S THE GOLF STORE'S, A VIRTUAL GOLF.
UH, AND HIS PRIMARY BUSINESS IS PRETTY MUCH BUSY FROM DECEMBER THROUGH MARCH.
I COULDN'T TELL YOU WHAT HIS NORMAL TRAFFIC IS ON THE OTHER DAYS, BUT AT SOMETIMES IN SEASON, HE'LL HAVE AS MANY AS 10 TO 12 CARS AT ONE TIME.
IS THAT THE ONLY OTHER TENANT? YES.
ANY OTHER TENANTS ON THE, UH, SPACE, ON THE, UH, UPPER LEVEL, OR IS THIS PROPOSAL TAKING UP THE ENTIRE SECOND FLOOR FLOOR? IT'S, IT'S UTILIZING THE ENTIRE SECOND FLOOR.
UM, CAN I JUST MAKE ONE COMMENT? UH, I, THE TIMES I'VE BEEN THERE, I'VE NEVER SEEN THAT MANY CARS, UH, FOR THE TENANT, THE GOLF TENANT.
UH, AND I'M NOT, I'M NOT DOUBTING THE SCIO, I'M NOT DOUBTING YOU.
UM, I HAD, I HAD ACTUALLY SPOKEN TO, I'VE SPOKEN TO THE GENTLEMAN WHO OWNS THE GOLF PLACE
[02:05:01]
MULTIPLE TIMES.UM, AND RIGHT NOW WITH THE COVID, HIS, I THINK IT'S BY APPOINTMENT ONLY THAT THEY COME THERE.
I THINK THERE'S, THERE COULD BE 10 OR 12 PEOPLE IN A COUPLE CARS.
'CAUSE THEY'RE USUALLY GOLF, YOU KNOW, THEY GO THERE TO PLAY GOLF.
AND TIMES I'VE BEEN THERE, I'VE SEEN TWO OR THREE PEOPLE GET OUT OF A CAR AND GO IN.
UM, THAT'S THE ONLY COMMENT I WANNA MAKE ABOUT THAT.
YEAH, I'M ONLY GOING BY LAST YEAR.
'CAUSE THAT WAS HIS FIRST YEAR OPEN.
IT'S, IT'S, IT, IT'S A DECEMBER, SO WHAT I SAW FROM DECEMBER THROUGH MARCH WAS HIS PRIMARY, UM, I GUESS YOU WOULD SAY SEASON, UH, IN WHICH, DURING THOSE MONTHS, DURING THE DAYTIME OR EVENING, IT COULD BE UP TO, LIKE I SAID, 8, 9, 10.
AND THEN, UH, LIKE ON APRIL, GOING FORWARD, IT'S MINIMAL.
DOES ANYONE ELSE HAVE ANY OTHER COMMENTS? OKAY, SO WITH THAT, WE WILL MOVE ON TO THE NEXT CASE.
EVENING, WHICH IS NUMBER 2137.
UH, AT 2 98 CHATTERTON PARKWAY CENTRAL.
LEMME GET MY CAT OUTTA THE WAY.
UM, THE, THE, UH, CLIENT THAT, UH, I CAN'T SPELL HIS NAME EITHER.
WMAN, IT'S EMILIO, EMILIO STATE, YOUR NAME, YOUR FULL NAME EMILIO, I'M SORRY.
WERE ARCHITECTS AND ENGINEERS, UM, WE'RE REPRESENTING MR. WMAN.
HE OWNS A SINGLE FAMILY HOUSE THAT'S OVERSIZED IN TERMS OF AREA.
IT'S AN R 10 ZONE, AND HE OWNS 16,000 SQUARE FEET.
THE, UH, THE HOUSE WAS PURCHASED.
UM, IT WASN'T IN, IN ANY CON GOOD CONDITION.
IT WAS REALLY SEMI ABANDONED AND, UH, ROTTED IN MANY PLACES.
MY COMPANY WAS HIRED TO DEVELOP PLANS FOR THE UPGRADING OF THE ENTIRE HOUSE.
HE WAS GONNA MOVE HIS FAMILY INTO THE HOUSE.
SO OF COURSE, WE PROVIDED THE, UH, WORKING DRAWINGS TO THE BUILDING DEPARTMENT, AND HE WAS ISSUED A BUILDING PERMIT IN EXECUTING, UH, UH, THE PERMIT IN BUILDING OUT THE HOUSE.
WHEN THEY GOT TO THE ROOF, THE HIP MEMBERS THAT, UH, FRAMED THE REAR OF THE, UH, UM, UM, HIP ROOF IN THE REAR WERE ROTTED.
AND THEY MADE A DECISION, THAT IS WHY WE'RE HERE.
INSTEAD OF STAYING WITH THE HEIGHT OF THE RAFTERS THAT THE ORIGINAL GEOMETRY OF THE HOUSE CALLED FOR, BECAUSE OF THE LACK OF STRENGTH IN THE HIPS, THEY DECIDED TO CONTINUE.
THEY DIDN'T RACE THE HOUSE IN ANY, IN ANY WAY, BUT THEY THANK YOU, CAROL.
THEY, THEY, UH, UH, CONTINUED.
THE RIDGE HAS A GABLE, AND SO THEY BASICALLY ELIMINATED THE, THE HIP IN THE REAR OF THE HOUSE.
AND THEY WENT INSTEAD OF TWO AND A HALF AVERAGE FEET OF HEIGHT IN THE ATTIC, IT WENT TO FOUR AND A HALF AVERAGE FEET OF HEIGHT.
SO THERE'S A SLIGHT ELEVATION IN THE HEADROOM OF THE REAR PORTION OF THE ATTIC.
AND THERE IS AN INCREASE IN THE AREA, UH, AN AREA IN, UH, A FLOOR AREA RATIO INCREASE TO THE HOUSE.
UH, LET'S EXPLAIN THAT DRAWING.
THAT DRAWING WAS THE PROPOSED DRAWING THAT WAS ORIGINALLY APPROVED BY THE BUILDING DEPARTMENT.
AND AS YOU CAN SEE, THERE WAS SOME, SOME ENLARGEMENT BEING PROPOSED TO THE REAR.
UM, THE REAR, UH, UH, DORMER THAT STICKS OUT FROM THE HIP.
THE HIP IS THE MAIN SIDE TO SIDE, UH, LINES THAT YOU SEE.
AND THEN THE DORMERS ARE THESE ELEMENTS THAT'S PROTRUDE THROUGH, THROUGH THE ROOF PLANE IN ADDING THE REAR FROM THE CENTER TO THE REAR.
UM, WHAT HAPPENED, UH, UM, WHAT HAPPENED WAS THAT THE, THE, WELL IN THIS CASE, IT'S ON THE RIGHT SIDE BECAUSE THE FRONT OF THE HOUSE IS ON THE LEFT AND THE REAR IS ON THE RIGHT.
SO INSTEAD OF JUST WORKING WITH THE HIP ROOF THAT WAS AT, WAS IN, IN THE, UH, ATTIC PLANE, THEY EXTENDED THE RIDGE.
CAROL, IF YOU GO TO THE, THERE'S ANOTHER DRAWING.
WELL, THAT WAS, THAT WAS JUST A PICTURE OF, YEAH, NOW THAT'S NOT IT.
YEAH, THAT, UM, NO, THAT'S, THOSE ARE THE DRAWINGS THAT WERE APPROVED.
KEEP GOING, KEEP GOING, KEEP GOING.
I CAN START IN THE BEGINNING PERHAPS.
YOU MAY NOT, YOU MAY NOT HAVE IT THEN, UM,
[02:10:01]
DIGITIZED.UM, THE, WELL THEN, THEN I CAN JUST DRAW YOUR ATTENTION TO THE PICTURES THAT I SUBMITTED IN THE APPLICATION.
LEMME JUST, IN OTHER WORDS, I WANT YOU TO SEE THE GEOMETRY THAT WE'RE DISCUSSING SO YOU CAN UNDERSTAND.
UM, THERE, IT'S, I THINK THERE IS A PICTURE IN THERE THAT I SCANNED IN.
WELL, LEMME JUST SHOW, UM, TO THE BOARD IN MY SCREEN.
THIS, THIS PARTICULAR VIEW RIGHT HERE IS SHOWS THE ROOF RIDGE NOT BEING RAISED AND THE GABLE SHAPE SIMPLY EXTRUDED TO THE REAR OF THE HOUSE.
SO THEY DIDN'T CHANGE THE HEIGHT OF THE BUILDING.
THEY SIMPLY, UH, THE PORTION THAT WAS AFFECTED BY THE DAMAGED HIP WAS TURNED INTO A GABLE.
AND AS IN DOING SO, WHEN YOU LOOK AT THE REAR OF THE HOUSE, THIS IS A BETTER VIEW.
IT, THEY SQUARED IT OFF LIKE ANY, THE CARPENTERS JUST MADE A, A, A LOGICAL DECISION, BUT THEY DIDN'T THINK OF THE NET, UH, HEIGHT GAIN THAT THEY WERE CREATING ONTO THE ELEVATION.
UM, AND I COULD, I COULD ARGUE WHETHER THIS IS A FULL HEIGHT AND MADE IT INTO A THREE STORY HEIGHT, BUT I WON'T BECAUSE I'M NOT SITTING IN ANTHONY'S SEAT.
HE LOOKED AT IT, AND FROM THE HEIGHTS THAT WE REPORTED TO HIM, HE WAS ABLE TO MAKE A DECISION AND CALLED THIS A THREE STORY HOUSE.
AND THAT'S, THAT'S THE REASON WHY WE ARE SEEKING THE ELEVATION.
IT IS TO BE ABLE TO ALLOW THE BUILDING DEPARTMENT TO EX TO ALLOW THIS SHAPE THAT WAS BUILT TO EXIST.
UM, I, I MIGHT SAY THAT THE HOUSE, UH, IT'S, IT'S NOT RELEVANT, BUT THE HOUSE WAS DONE EXQUISITELY VIA THE SIDING WAS, WAS DONE OF THE HIGHEST QUALITY.
UH, IF YOU HAD A PICTURE OF THE ORIGINAL, UH, YOU WOULD, YOU WOULD SAY THE SAME AS I AM SAYING, IT IS A, IT IS A TREMENDOUS UPGRADE, UH, TO THE NEIGHBORHOOD AND TO THE QUALITY OF, OF THE NEIGHBORHOOD.
I JUST, I, I THINK HE DID A, THEY DID AN EXCELLENT, THE CONTRACTORS THAT, HE IS A CONSTRUCTION MAN HIMSELF.
HE OWNS A STEEL FABRICATING, UH, SHOP, AND HE'S THE ONE THAT BUILT THE LINCOLN, UH, THE NEW BUILDING IN ELMSFORD, UH, FOR LINCOLN AND FORD, UH, CARS, THE ONE THAT, THAT MASSIVE BUILDING IN ELMSFORD, HE ACTUALLY PUT THE STEEL UP FOR THAT STRUCTURE.
SO HE'S A VERY, HE'S A VERY BUSY GUY.
AND I THINK, UH, WHEN THE FRAMERS EXTENDED THE THIRD FLOOR ATTIC, AND THEY, THEY SOLVED, UH, THE PROBLEM BY, UH, WITH THE WRONG GEOMETRY.
INSTEAD OF REPLACING EVERYTHING AND DISTURBING THE ENTIRE ROOF PLANE, THEY ELIMINATED THE ROTTED HIPS AND THEY SIMPLY CONTINUED THE SHAPE, UH, AS A GABLE, WHICH IS A REGULAR STANDARD TYPE OF ROOF THAT WE USE IN ALL HOUSES.
UH, SO THE MISTAKE WAS THAT IN DOING SO, THEY RAISED THE, THE PLATE HEIGHT AT THE THIRD FLOOR ATTIC TO A FOUR AND A HALF FOOT PLATE FROM THE FLOOR.
NOW NORMALLY THE, THE HEIGHT PLATE OF A, A FULL STORY IS EIGHT FEET.
WE ALL KNOW THAT IT'S AN EIGHT FOOT STORY, BUT THIS WAS ONLY RAISED, UH, A HALF OF THAT IN ORDER TO MAINTAIN THE GABLE SHAPE OF THE UP UPPER STORY.
IT WAS, UH, IT WAS THE WRONG DECISION, UH, THAT WAS MADE IN THE FIELD.
UM, UH, AND, AND BY THE WAY, THE AREA THAT WAS ADDED, UM, FITS PERFECTLY WITHIN THE F A R THAT THEY ARE ALLOWED IS A FLAT LOT.
SO THE F A R, I BELIEVE IS, UH, UM, IT'S 4,350.
IN OTHER WORDS, THAT'S WHAT WE ARE ALLOWED TO BUILD.
AND WHAT WAS, WHAT WAS, UH, BUILT, EVEN THOUGH WITH THE ADDITION, UH, WAS 3,700.
SO THERE'S A DIFFERENCE THERE OF APPROXIMATELY OF 650 MORE FEET THAT WE COULD BUILD.
SO THE ISSUE AT HAND THAT THE BOARD MUST CONSIDER IS WHETHER THIS, THIS, UH, UH, UH, ADDITIONAL HEIGHT IS AN EXCESS OF WHAT IT COULD BE TOLERATED.
AND, AND WHETHER IT FITS DETRIMENTALLY AGAINST THE NEIGHBORHOOD.
IT'S ACTUALLY A, A VERY WELL EXECUTED, UH, UH, CONSTRUCTION.
UH, I COMMENDED THE, UH, THE, UH, THE BUILDER AND NOT REALIZED, IN FACT, THE BUILDING, UH, INSPECTOR IS THE ONE THAT, UH, UH, CALLED TO OUR ATTENTION.
THE FACT THAT THE, THE, THE, THE LO THE, THE, THE REAR PORTION OF THE HOUSE WAS, UH, A LITTLE HIGHER THAN THE ORIGINAL HIP, UH, UH, FACE.
THAT'S, THAT'S, UH, DON'T WANNA MAKE IT ANY LONGER THAN WHAT IT IS.
[02:15:01]
FURTHER EXPLANATION, PLEASE, PLEASE SAY SO.UM, WHAT'S THE HEIGHT NOW OF THE HOUSE? WELL, THE, THE, THE, THE STANDARD HEIGHT OF THE HOUSE, UH, IS STILL THE SAME AS IT USED TO BE BECAUSE THE RIDGE, WELL, THE, THE RIDGE HEIGHT HASN'T CHANGED.
SO IF YOU MEASURE TO THE MIDPOINT OF THE ATTIC, THE DIFFERENCE NOW MIGHT BE A FOOT AND A HALF, MAYBE TWO FEET HIGHER THAN THE ORIGINAL MIDPOINT TO THE ATTIC.
SO IT'S A VERY, IT'S A, IT'S A VERY INSIGNIFICANT GROWTH.
BUT THE, THE, THE PERMITTED HEIGHT IN THIS DISTRICT, OH, IT'S 30, IT'S 30 FEET, SO, AND IT'S LESS THAN 30.
SO THE HOU, SO THE HOUSE IS LESS THAN 30 FEET? YES.
DOES ANYBODY ELSE HAVE A QUESTION? I HAVE A FEW QUESTIONS.
UM, HOW OLD IS THE STRUCTURE ITSELF? THE, THE ORIGINAL HOUSE IS, I WOULD GUESS IT WAS BUILT IN THE 19 HUNDREDS, EITHER LATE 18 HUNDREDS OR EARLY NINE, MAYBE I WOULD SAY 1910.
IF THIS WAS A, A TV PROGRAM, I WOULD SAY 1901, 19 10.
IT'S AN OLD, GOOD OLD HOUSE IN THAT AREA.
IT'S PROBABLY ONE OF THE EARLIER HOUSES IN THAT, IN THAT AREA.
AND HOW MANY, UM, DE DESCRIBE THE, THE LAYOUT OF THE ROOMS THAT ARE IN THE HOUSE? HOUSE? WELL, IT'S A, IT'S A ONE FAMILY HOUSE.
UH, MR. WMAN HAS A LOT OF CHILDREN, AND I BELIEVE THERE'S SIX BEDROOMS TOTAL.
UM, HE RECONSTRUCTED THE WHOLE HOUSE.
AS I SAID, HE'S A STEEL MASTER, SO HE HAS REINFORCED THE HOUSE FROM THE BOTTOM.
THERE ARE STEEL BEAMS AND, AND GIRDERS IN THE BASEMENT.
THERE ARE STEEL BEAMS IN THE FIRST FLOOR.
UM, WE REPLACED A LOT OF ROTTED.
THERE WAS A LOT OF ROT, UH, AND A LOT OF, UH, DAMAGE, UH, UH, STRUCTURAL MEMBERS.
SO WHEN THEY SAW THE HIPS BASICALLY FALLING DUST, THEY, THEY MADE A QUICK DECISION IN THE CONSTRUCTION.
AND RATHER THAN ENGAGED THE HIP, THEY SIMPLY KEPT BUILDING THE GABLE SIDE, WHICH WAS THE EASIEST AND THE FASTEST.
THEY, THIS WAS DONE IN THE WINTER, AND, UH, AND THEY MADE THAT DECISION, WHICH WITHOUT ASKING ME, WITHOUT ASKING, UH, THE BUILDING DEPARTMENT, THEY JUST, THEY JUST MADE A FIELD DECISION THAT WAS NOT, UH, OBVIOUSLY WAS NOT RIGHT THAT WE'RE TRYING TO CORRECT NOW.
AND HOW MANY BATHROOMS? I THINK FOUR.
LEMME SEE ON WHAT FLOORS? UM, THERE IS, I'M COUNTING NOW.
THERE'S ONE IN THE FIRST, THERE IS A BATHROOM ON THE THIRD.
I, I'M COUNTING ONE IN THE FIRST FLOOR.
WHERE'S THE SECOND FLOOR? SECOND HAS ONE BATHROOM, SO THAT'S THREE.
AND ONE BATHROOM IN THE ATTIC LEVEL, WHICH WAS THERE, BY THE WAY.
THERE WAS A BATHROOM UP THERE, UH, ALL THE TIME.
ALWAYS THE, THE PLUMBING WAS THERE.
SO IT'S FOUR BASEMENT, ONE IN EACH FLOOR.
AND HOW IS THE BASEMENT, UH, FINISHED? UH, YES.
THE LIVING, I MEANT LIKE BEDROOMS OR, WELL, IT'S A BIG GIGANTIC SPACE.
IT'S LIKE A BIG L SPACE, WHICH WILL BE THE FAMILY ROOM.
THERE'S NO BEDROOMS DOWNSTAIRS.
IT'S JUST, IT'S JUST A BATHROOM AND A BIG, AND A BIG, AND A BIG, UH, UH, L SHAPED, UH, UH, FINISHED AREA, WHICH IS GONNA BE THEIR KIDS PLAY AREA.
AND HE'S A VERY SUCCESSFUL STEEL GUY.
AND I DON'T THINK HE WAS THERE THE DAY FRAME.
I THINK HE JUST LEFT IT IN THE HANDS OF HIS FRAMER.
AND HE IS BEEN STRUGGLING TO FINISH THE HOUSE, I THINK, FOR TWO YEARS.
BUT HE'S PAYING IT ALL HIMSELF AS HE GOES.
I, I DON'T THINK HE HAS A MORTGAGE.
HE'S JUST, HE'S JUST DOING IT THE OLD FASHIONED WAY.
AND HE'S, UH, HE JUST FAILED TO ASK ME THAT QUESTION.
AND IF HE WAS HERE, HE WOULD, HE WAS BOW, WE WOULD BOW HIS HEAD.
HE'S A VERY, VERY HUMBLE PERSON.
I'M JUST COMPARING IT WITH THE HOUSE WE HAD NOT LONG AGO,
IT'S A VERY HU ACTUALLY, THE HOUSE IS, IS INCREDIBLY LARGE.
UH, AND WHAT HE DID WITH IT IS QUITE BEAUTIFUL.
I MEAN, UM, I MEAN, HE HAS A GOOD ARCHITECT, BUT, UH, BUT PEOPLE MESS IT UP
[02:20:01]
WITH THE WRONG MATERIALS.UM, IT, IT, IT JUST, IT, IT DIDN'T INCREASE.
MY POINT IS THAT THE VOLUME OF THAT, OF THAT STRUCTURE REMAINED THE SAME, MINUS THE ADDITION OF ROUGHLY PLUS OR MINUS 350 SQUARE FEET, WHICH IS THAT GABLE SIDE IN THE, IN THE ATTIC.
AND I COULD EVEN ARGUE HOW TO COUNT THAT, BECAUSE THE, THE AVERAGE HEIGHT IN THE ATTIC IS NOT, IT'S NOT THAT GRACIOUS.
CAN YOU, CAN YOU TELL US A LITTLE ABOUT THE OTHER HOMES IN THE NEIGHBORHOOD? UM, THEY'RE NOT, YES, THEY, THEY'RE, SOME OF THEM THEY'RE NOT AS GOOD.
THIS IS NOW FINISHED BRAND NEW.
IT'S REALLY QUITE, UH, IT'S STRIKING.
UH, THE PORCH IS, IS VERY SWEET AND VERY NICE.
UM, IT'S VERY, UH, IT'S A, IT'S OPEN.
THE, THE GARDEN IS GARDENS ALL AROUND THE HOUSE.
IT'S, IT'S, IT'S A FLAT PROPERTY.
THE GARAGE ENTRANCE IS TO THE RIGHT.
SO IT'S A VERY DISCREET, UH, THERE'S A SEPARATE GARAGE IN THE BACK.
IT'S LIKE AN OLD FASHIONED, UM, UH, I WOULD SAY FARMHOUSE WITH, WITH THE BARN IN THE BACK, WHICH IS WHAT THE GARAGE REALLY, UH, UH, WAS TRANSLATED.
THEY TRANSLATED FROM THE BARN TO THE GARAGE WHEN THE, WHEN THE CARS WERE INVENTED.
I, THAT'S WHY THAT MAKES ME THINK THAT THAT HOUSE WAS 1920S WHEN THE CAR WAS INVENTED.
UM, THE REST OF THE HOUSES ARE AVERAGE GABLE STRUCTURED.
SOME OF THEM ARE HIGHER THAN OUR HOUSE.
UM, THERE'S A HOUSE WITH ANNOYING DOGS ACROSS THE STREET.
EVERY TIME I WALK IN FRONT, THE DOGS START BARKING.
AND I ASKED THE NEIGHBORS, AND THE NEIGHBORS SAY, YEAH, THIS IS A, A PROBLEM WE HAVE.
THESE DOGS ARE ALWAYS BARKING.
IT WAS REALLY, REALLY TERRIBLE.
UM, SO IT'S NOT, UH, IT'S NOT AN UNTYPICAL GEOMETRY, IT'S NOT AN UNTYPICAL HOUSE, BUT IT'S ONE OF THE BIGGER HOUSES, UH, IN, IN THE NEIGHBORHOOD, UH, WITH THE BIGGEST YARD.
I WAS SO SHOCKED WHEN I SAW IT.
BUT NO, IT'S A, IT'S LIKE I SAID, IT'S AN R 10 AND HE HAS 16,000.
SO HE HAS A, BUT THE HOUSE IS POSITIONED TO THE RIGHT.
SO THE LEFT SIDE SEEMS, THAT APPEARS TO BE LIKE AN OPEN LOT.
AND IT WOULD NE IT CAN NEVER BE BUILT BECAUSE IT'S AN R 10 ZONING.
SO IT, IT, IT WILL REMAIN LIKE THAT WITH, WITH A TREMENDOUS OPEN SPACE.
UM, I THINK, I THINK IT'S, HE DID A MAGNIFICENT JOB AND, AND THEY FAILED TO, TO, TO KEEP THE, THE, THE, THE HIP GEOMETRY IN THE REAR.
AND THEY MADE THE DECISION AND THEY MADE A WRONG DECISION.
SO I ACTUALLY LIVE IN THAT AREA.
I LIVE, UM, IN COLLEGE CORNERS, WHICH BORDERS TO CHATTERED AND PARKWAY AND ALEXANDER.
THE HOUSE WAS IN A VERY STATE OF DISREPAIR YOU, SO I COMMEND YOU ON THE DESIGN.
THE ONE THING I I, I'D LIKE TO SAY IS THAT IT BORDERS WHITE PLAINS.
AND WHEN YOU GO, LIKE, IT'S ONLY A COUPLE OF HOUSES FROM WHITE PLAINS.
AND SO THE HOUSES RIGHT THERE IN THAT NEIGHBORHOOD ARE ALL MUCH LARGER AND ARE THREE STORIES HIGH.
SO THE NEIGHBORHOOD, IT ACTUALLY, IT DOES FIT IN WITH THE NEIGHBORHOOD.
SO THAT'S WHAT I, I, I JUST WANTED US TO UNDERSTAND THAT.
'CAUSE IT'S VERY, AND, AND A LOT OF THOSE HOUSES ON THE WHITE PLAIN SIDE ARE VICTORIAN AND THEY ALL ARE ALL LIKE 4,000 SQUARE FEET.
HE CERTAINLY UPGRADED THAT HOUSE.
THAT HOUSE WAS LIKE, I'M JEALOUS.
I THOUGHT SOMEONE WAS GONNA TEAR IT DOWN
AND I COMMEND YOU, YOU DID A GREAT JOB.
I THOUGHT, I TOLD HIM, YOU KNOW, WE HAVE AN OPTION HERE, IT'S GONNA BE A LOT OF MONEY.
BUT HE WAS VERY PATIENT AND, AND THE STRUCTURE WAS AN ISSUE, BUT HE WAS A STEEL MAN.
THAT'S WHEN I REALIZED, OKAY, I HAVE THE RIGHT GUY HERE.
AND THEY PUT HEAVY STEEL STRUCTURE.
THREE LITTLE GUYS WOULD COME IN WITH STEEL BOLTED UP.
THE WHOLE THING WENT UP BEAUTIFULLY.
ARE THERE ANY OTHER THANK YOU.
UM, I PASSED THAT HOME QUITE OFTEN.
AND I WILL HONESTLY TELL YOU I WAS PRAYING, HOPING THAT THAT PROPERTY WAS ACTUALLY A WHITE PLAINS
UM, THE DILEMMA THAT I SEE MYSELF IN RIGHT NOW IS YOU SAID THAT THERE WAS AN APPROVED SET OF PLANS, AND WE'RE AT A JUNCTURE NOW THAT I DON'T WANT US TO BECOME THE WILD, WILD WEST.
AND I GOTTA BE JUST TOTALLY FRANK, BECAUSE AS WE APPROVE ZONING AND VARIOUS, UM, AMENDMENTS, IF THEY'RE GOING TO BE, AS YOU CLEARLY STATED, YOU KNOW, WRONGFUL DECISION FAILED TO KEEP GEOMETRY, WHERE DOES THE SLOPE STOP SLIDING? UM, IS THERE A PLAN FOR THIS NOW TO BE A THREE-FAMILY PROPERTY? AND IF I DO KEEP NOTE WITH DIANE IS SAYING, BEING THAT THIS IS A FULL THREE STORIES,
[02:25:01]
IF I GO ALONG WITH THE BUILDING INSPECTOR, HAS FIRE SUPPRESSION BEEN PLACED INTO THAT? BECAUSE THE HOMES THAT I DO KNOW, BECAUSE I HAVE FRIENDS THAT LIVE ON JEFFERSON AND ALL OF THE PRESIDENT AVENUE SIDE OF CHATTERTON AVENUE ON THE OTHER SIDE, THAT ANYONE THAT HAS A STRUCTURE THIS LARGE ALSO HAS FIRE ESCAPES BUILT ONTO THOSE PROPERTIES.BUT AGAIN, I DON'T WANNA MIX TOO MUCH BECAUSE THAT'S WHITE PLANE ZONING.
SO THERE ARE SOME OTHER ADDITIONAL QUESTIONS THAT I THINK I MAY NEED TO ALSO DISCUSS WITH OUR, UM, BUILDING CODE, BUT I DON'T WANNA NECESSARILY BLEED THAT OVER.
BUT THESE ARE QUESTIONS THAT KIND OF COME UP TO ME.
AND I THINK IN KEEPING WITH, UM, MS. BUNTINGS QUESTION IN TERMS OF HOW THE BASEMENT IS, IS FORMULATED, I THINK THIS LENS TO BE A LITTLE BIT NEEDS TO BE, THERE NEEDS TO BE A LITTLE BIT MORE EXPLANATION AND A LITTLE BIT MORE INVESTIGATION THAN JUST THAT WE MADE A SIMPLE ERROR.
UM, BECAUSE IT'S NOT A SIMPLE ERROR BECAUSE THE PLANS YOU SAID WERE APPROVED, FIELD DECISION WAS MADE TO DISREGARD THOSE PLANS AND BUILD SOMETHING ELSE.
NO, UH, IF I CAN ANSWER THE, THE SPRINKLERS WERE DESIGNED INTO THE ORIGINAL PLAN.
THERE WAS ALWAYS A THIRD FLOOR.
THERE WAS ALWAYS A THIRD FLOOR.
THERE WAS ALWAYS PLUMBING IN THE THIRD FLOOR.
THERE WAS ALWAYS A BATHROOM IN EACH HOUSE, IN EACH FLOOR, NONE OF THAT.
BUT THERE IS FIRE SUPPRESSION.
THERE IS HOT FIRE SUPPRESSION THEN.
IT WAS DESIGNED ON FLOOR WITH OH YES, IT WAS ISSUED WITH THE ORIGINAL DESIGN.
AND NO, THAT WAS PART OF THE, THE REQUIREMENT OF THE BUILDING DEPARTMENT.
THEY, ONCE YOU IMPROVE A THIRD FLOOR OCCUPANCY, THIS, IT, IT'S, IT'S SAFEST FOR EVERYBODY TO HAVE A, A FIRE SPRINKLER SYSTEM.
I'M ONLY ASKING THAT QUESTION BECAUSE THE PLANS THAT WE HAVE DON'T HAVE ALL OF THAT DETAIL IN IT, SO THAT'S WHY I WAS ASKING.
NO, BUT NO, IT DOES, IT DOES HAVE FIRE SPRINKLERS.
I DID ASK THE QUESTION IN TERMS OF WHETHER OR NOT THERE WAS ANY PLAN TO MAKE THE MULTIFAMILY DWELLING.
UM, ARE THERE ANY QUESTIONS, UH, FROM THE AUDIENCE? OKAY.
UH, TAKE IT INTO CONSIDERATION DURING OUR DELIBERATIONS AND WE'LL MOVE ON TO THE FINAL CASE OF THE EVENING, THE DURGA TEMPLE OF WESTCHESTER AT 1880 SAWMILL RIVER ROAD.
AND WHOEVER'S HERE ON BEHALF OF THE APPLICANT OR THE APPLICANT CAN GO RIGHT AHEAD.
GOOD EVENING, MADAM CHAIR, MEMBERS OF THE BOARD, DAVID STEINMETZ FROM THE LAW FIRM OF ZAIN AND STEINMETZ HERE REPRESENTING THE DURGA TEMPLE.
I'M JOINED THIS EVENING BY, UH, REPRESENTATIVE OF MY CLIENT, MR. OM DIMOND, AS WELL AS OUR PROJECT ARCHITECT, TOM ABMA.
UH, MADAM CHAIR, MEMBERS OF THE BOARD, GOOD TO SEE YOU.
I'M GONNA TRY TO SIMPLIFY THIS.
UM, WE RECEIVED VARIANCES IN CONNECTION WITH THIS STRUCTURE LAST YEAR.
UH, NOTHING SIGNIFICANT HAS CHANGED OTHER THAN THE DEMOLITION OF THE BUILDING IN ACCORDANCE WITH YOUR APPROVAL.
AND THE PLANNING BOARD'S APPROVAL PROCEEDED, AND MY CLIENT AND THEIR TEAM DETERMINED, UH, THAT THEIR, THE BUILDING WAS IN SERIOUS DISREPAIR.
THIS IS A SINGLE FAMILY DWELLING BEING REPURPOSED AS A HINDU TEMPLE.
UM, THE BUILDING AND SOME OF THE STRUCTURAL MEMBERS WERE IN FAR WORSE CONDITION THAN ANYONE HAD ANTICIPATED.
UH, ONCE THE BUILDING DEPARTMENT, OUR CLIENT AND THEIR CONTRACTOR LEARNED THIS, UH, MR. ALAMA, UH, BECAME INVOLVED ONCE AGAIN AND CONCLUDED THAT THERE WERE VERY SIMPLE WAYS TO KEEP THE PROPERTY AND THE BUILDING IN ITS EXACT LOCATION AND MAKE SOME VERY MINOR MODIFICATIONS.
THOSE MODIFICATIONS RELATE TO THE HEIGHT OF THE BUILDING, NOT THE LOCATION OF THE BUILDING.
THE ONLY VARIANCE THAT YOU ALL GRANTED TO US LAST YEAR WAS IN CONNECTION WITH THE FRONT YARD SETBACK.
SO WHY AM I HERE? I'M HERE BECAUSE WE FILED AN APPLICATION WITH THE PLANNING BOARD, UH, ACTUALLY WITH THE PLANNING STAFF FOR A, UH, SITE PLAN WAIVER UNDER SECTION 56 OF THE CODE.
THE PLANNING BOARD LAST NIGHT, GRANTED A UNANIMOUS, UH, ACKNOWLEDGEMENT OF THAT, AS WELL AS THE UNANIMOUS RECOMMENDATION IN FAVOR OF THE REISSUANCE OF THE VARIANCE BY YOUR BOARD.
IT WAS DETERMINED BY PLANNING STAFF THAT SINCE WE WERE GOING TO BE RETURNING TO YOUR BOARD IN CONNECTION WITH A, UH, RECOMMENDATION ON, UM, THE EXISTING VARIANCES, THAT WE WOULD COME BACK BEFORE YOU, EVEN THOUGH NOTHING HAS CHANGED OTHER THAN THE HEIGHT OF THE BUILDING.
AND WE WOULD PROCESS THIS AS A REISSUANCE OF THE PREVIOUSLY ISSUED, UH, VARIANCE.
[02:30:01]
WE'RE HAPPY TO ANSWER ANY QUESTIONS.NOTHING HERE, UH, HAS CHANGED IN TERMS OF IMPACT.
NOTHING HERE HAS CHANGED OF ANY SIGNIFICANCE REGARDING THE AESTHETICS.
TOM CAN EXPLAIN, UH, WHAT HE DID TO MODIFY THE BUILDING.
THE USE REMAINS IDENTICAL, AND WE WOULD ASK TO, UH, SECURE A REISSUANCE OF OUR VARIANCES.
I'M NOT SURE WHO'S CONTROLLING.
I DON'T KNOW IF THAT WAS TOM OR IF THAT WAS GARRETT.
MR. ALAMA, DID YOU INTEND TO, UM, GIVE ANY UPDATES WITH REGARD TO WHAT YOU'RE SHARING? AND YOU'RE ON MUTE, SIR.
IF YOU COULD UNMUTE YOUR MIC, TOM, IF YOU'RE TRYING TO SPEAK, WE DON'T HEAR YOU.
LEMME SEE WHAT, WHAT HAPPENED HERE.
CAN YOU SEE ME? MY, UH, DRAWINGS ALSO? YES.
MY NAME IS TOM AB LAMA ARCHITECT.
UH, SO I'M SHOWING HERE RIGHT NOW THE PROPOSED OF THE DRAWINGS THAT PROVIDE THE, UH, FEW, UH, WE, A FEW A YEAR AGO PROBABLY, UH, SHOWING THE, THE STRUCTURES THAT THEY ARE.
AND WE ARE GONNA TRY TO KEEP THE EXAM DESIGNS THAT WERE BEFORE, AS WE ARE SHOWING RIGHT NOW.
WE KEPT THE SAME DESIGNS OF THE STRUCTURE.
I'D LIKE TO SHOW YOU THE EXISTING, THE OLD STRUCTURE THAT, THAT SHOWED IT BEFORE, AND THE NOW THAT'S, UH, DOESN'T EXIST ANYMORE.
THE ONLY THAT STAYS IN IT RIGHT NOW IS THE, UH, UH, THE FOUNDATION, WHICH YOU CAN WANT ME, THESE ONE.
SO THIS IS THE EXISTING BUILDING RIGHT NOW IN THE OLD EXISTING STRUCTURE.
AND, AND THIS IS WHAT'S LEFT RIGHT NOW OUT OF THE WHOLE STRUCTURE IS THE FOUNDATION.
UH, WE ADDED, UH, UH, SOME BAY WINDOWS THAT, BECAUSE ORIGINALLY THE EXISTING BAY WINDOWS, THEY COULDN'T COME DOWN TO THE FOUNDATION.
UH, UH, AND THE, UH, YOU CAN SEE THE, THE FIRST FLOOR AND SECOND FLOOR HAVE, HAVE KEPT THE SAME AS WE ARE.
WE HAVE SHOWED, WE ADDED SOME OTHER ITEMS LIKE NO WINDOWS, BECAUSE THE OLD WINDOWS WERE TOO SMALL.
NOW THEY'RE, THEY'RE UP TO GO CODE.
UM, AND, UH, WE, WE ENLARGED THE, THE KITCHEN THAT WAS EXISTED, UH, BEFORE, AND EVERYTHING ELSE REALLY, OTHER THAN THAT, REMAINED THE SAME SITUATION.
NOW, THE ONLY TWO ITEMS THAT WERE ADDED WAS ONE FOOT ADDED TO THE FIRST FLOOR, WHICH IS EXISTING RIGHT NOW AT, UH, AT EIGHT FEET.
WE ADDED ANOTHER ONE FOOT TO NINE FEET.
UH, THE SAME THING FOR THE SECOND FLOOR.
SO AT, IN ADDITION, UH, A TOTAL OF TWO FEET, UH, ADDED TO THE WHOLE BUILDING.
THAT'S THE ONLY THING THAT REALLY WE ADDED.
THE DESIGN ITSELF, I CAN SHOW YOU THAT STRUCTURES HAVE CHANGED A LITTLE BIT JUST TO ADD MORE WINDOWS AND MADE IT BETTER AS BEFORE.
BUT KEEPING THE SAME STRUCTURE, THE WHOLE THING, EVERYTHING, EXACTLY THE SAME THING.
UM, AND, UH, THAT'S, THAT'S ALL I CAN SAY RIGHT NOW.
NO, THAT'S, IF YOU HAVE ANY QUESTIONS, YOU CAN ANSWER.
SO, MADAM CHAIR, MEMBERS OF THE BOARD, WE ARE NOT ASKING FOR ANYTHING DIFFERENT FROM, UH, WHAT, UH, PREVIOUSLY WAS ISSUED.
SO WE DO BELIEVE THAT THIS IS ESSENTIALLY A PRO FORMA REQUEST FOR THE VARIANCE.
UM, I JUST HAVE, UM, ONE QUESTION.
I JUST, COULD YOU POINT OUT AGAIN, UM, JUST WHAT TO WHAT EXTENT THE EXISTING FOUNDATION IS GOING TO BE USED IN THE NEW CONSTRUCTION? SO THIS IS THE FOUNDATION, RIGHT? YOU CAN SEE AROUND THE WHOLE AREA.
UH, AND THAT'S, UH, AND, AND THAT, THAT'S REALLY THE ONLY, THE FOUNDATION IS STILL THE, THE AS AS IT WAS BEFORE, UH, AS, AS, UH, AS SHOWN ALSO WITH THE BUILDING DEPARTMENT, AND WHICH THEY LOOKED INTO IT WHILE AGO AND THEY ACCEPTED IT BEFOREHAND.
SO THAT'S REALLY, AS MUCH AS WE CAN TELL YOU,
[02:35:02]
WE'RE HAPPY TO ANSWER ANY QUESTIONS, MADAM CHAIR.UM, DOES ANY, UH, ANY OTHER MEMBERS OF THE BOARD HAVE ANY QUESTIONS? NO.
UM, DOES ANYBODY FROM THE PUBLIC HAVE ANY QUESTIONS? I BELIEVE THERE ARE THREE SPEAKERS.
UH, AL YUJI, I SEE YOUR HAND UP, SIR.
AND I THINK ONE OTHERS, BUT MR. YUJI, GO AHEAD, PLEASE.
UM, JUST SO I'M NOT MISTAKEN, UM, I'M ASSUMING THIS PROPERTY IS DOWNHILL FROM MY HOUSE AT 34 WINDHAM STREET.
IS THAT CORRECT? UH, THAT'S WHAT IT'S, SO WE, WE DON'T UNDERSTAND WHERE WE ARE, BUT WE, WE BELIEVE SO.
UM, AND, AND THE REASON I, I, I ASKED TO, UM, TO SPEAK IS, UM, WE'VE BEEN HERE FOR ABOUT SEVEN YEARS.
AND, UH, DURING THE WARM WEATHER, WE BEGAN HEARING SOME EXTREMELY LOUD PUBLIC CELEBRATIONS THAT I NEVER HEARD BEFORE.
AND AS A STEEP SLOPE FROM MY HOUSE, WHICH IS THE LAST HOUSE ON WYNDHAM STREET TO THIS PROPERTY, THERE'S A, A FENCE.
I COULD NOT DISCERN THE, UH, THE SOURCE OF THIS NOISE.
SO I ASKED MY NEIGHBOR, IT'S ONLY THREE HOUSES ON THIS, AT THIS END OF, UH, WYNDHAM STREET.
I SAID, WHERE IS THIS NOISE COMING FROM? THEY SAID, WELL, THERE'S A TEMPLE, UH, RIGHT NEXT TO YOU DOWNHILL FROM YOUR HOUSE.
AND THEY, THEY, THEY'RE HAVING THESE CELEBRATIONS PERIODICALLY.
AND, UH, THE CELEBRATIONS JUST SEEMED TO BE OUT OF CHARACTER, UH, FOR THIS NEIGHBORHOOD.
UH, AND I BEGAN WONDERING WHAT WOULD HAPPEN, SHOULD I PUT MY HOUSE UP FOR SALES IN SOME CLOSE RETIREMENT? AND, AND DURING THE, THE TOURING OF THE HOUSE, YOU KNOW, YOU HAVE THESE LOUD RELIGIOUS CELEBRATIONS, UH, RIGHT BEHIND ME.
UH, SO MY, MY ISSUE, UM, IT HAS TO DO WITH THE NATURE OF WHAT GOES ON AT THIS PROPERTY.
IS THIS LOUD PUBLIC CELEBRATION WHAT I HAVE TO PUT UP WITH? UM, OR IS THIS JUST AN UNUSUAL EVENT? I, I, MADAM CHAIR, I CAN'T SPEAK TO THIS.
OM DO, DO WE HAVE, DO OMER, ARE YOU ON? AND CAN YOU SPEAK TO WHETHER THAT IS COMING FROM THE HINDU TEMPLE, THE DURGA TEMPLE, OR IS THAT SOME OTHER LOCATION? I CAN'T SPEAK TO THE FACTUAL QUESTION.
UM, IT, IT, IT, IT WAS COMING FROM, UH, SOME KIND OF TEMPLE CELEBRATION OF
SIR, IF YOU WOULD ALLOW MY CLIENT, YOU ASKED THE QUESTION WITH ALL DUE RESPECT, SIR.
I'M TRYING TO SEE IF WE CAN ANSWER IT.
UM, I WOULD STATE THAT, UH, I WOULD ADMIT THAT, UM, THERE WAS ONE FUNCTION WE HAD, AND THAT WAS KIND OF LIFETIME FUNCTION, WHERE, WHICH WAS A PRAYER, UH, MEETING.
UH, THAT WAS ONE TIME FUNCTION, WHICH WE HAVE TO DO BEFORE WE START THE CONSTRUCTION.
SO, SO THAT IS NOT A NORMAL THING, AND IT'S NOT GONNA HAPPEN AGAIN, UH, BECAUSE THAT WAS BEFORE YOU START CONSTRUCTION OF THE TEMPLE, THERE HAS TO BE A PRAYER.
AND THAT PRAYER WAS DONE SOMETIME IN THE SUMMER.
AND UNTIL THEN, WE JUST TO START THE CONSTRUCTION OF THE TEMPLE AND ALL OTHER THINGS ARE GONNA HAPPEN.
UH, ONCE THE TEMPLE IS COMPLETED.
RIGHT NOW, THERE IS NOTHING THERE ON THE FOUNDATION FROM THE OLD BUILDING.
AND WE ARE GONNA USE THE BUILDING ONCE, UH, IT IS CONSTRUCTED.
AND, AND I WOULD JUST SIMPLY STATE FOR THE RECORD THAT, UM, THE USE IS NOT IN QUESTION BEFORE THIS BOARD.
UM, AND I MEAN, WE, WE, I THINK WE TALKED A YEAR AGO ABOUT, UH, RUPPA AND NEW YORK STATE LAW FAVORING RELIGIOUS INSTITUTIONS.
SO I DON'T THINK I NEED TO GO INTO THAT.
AND ABSOLUTELY UNEQUIVOCALLY, UM, IF THERE IS A NOISE VIOLATION AT THIS PROPERTY OR ANY OTHER PROPERTY IN AND AROUND THE GENTLEMAN'S NEIGHBORHOOD, OBVIOUSLY THE TOWN, UM, HAS, UH, COMPLETE LEGAL, A AUTHORITY TO ENFORCE ANY KIND OF NOISE ORDINANCE.
SO, UM, I, I CAN, I CAN ASSURE THE GENTLEMAN THAT MY CLIENT IS OBLIGATED TO COMPLY WITH THE NOISE ORDINANCE AS MUCH AS HE IS HAPPY TO ANSWER ANOTHER QUESTION.
MADAM CHAIR IS ANOTHER PERSON FROM THE PUBLIC.
AND THEN FOLLOWING THAT, MR. ANO.
[02:40:01]
MR. BODEN.I AM IN SUPPORT OF THE, UH, CONSTRUCTION OF THE TEMPLE.
UH, I'M A, UH, SCULPTOR, AN ARTIST, AND I, UH, SUGGEST THAT SINCE YOU HAVE THE OPPORTUNITY TO BUILD A NEW BUILDING, THAT YOU BUILD ONE IN SIMILAR FASHION AS THE OLD ONE, NOT NECESSARILY EXACTLY LIKE IT, BUT INCLUDING ALL OF THE MODERN, UH, AMENITIES THAT MIGHT NOT HAVE BEEN ABLE TO FIT IN THE OLD, UH, WALLS.
YOU HAVE AN OPPORTUNITY TO START WITH A BLANK SLATE, AND YOU CAN UTILIZE IT WITHIN THE BUILDING IN MUCH DIFFERENT FASHION.
AND THOUGH WE WANT TO HAVE THE FEELING OF THE OLD BUILDING, IT DOESN'T HAVE TO BE EXACTLY THE SAME, IT HAS TO BE SIMILAR.
AND YOU SHOULD USE THIS OPPORTUNITY TO BRING IN THE AMENITIES THAT ARE APPROPRIATE TODAY, THAT WE'RE NOT AVAILABLE AT THE TIME THE BUILDING WAS BUILT.
AS TO THE SOUND BARRIERS, THERE ARE MANY, AND I'M NOT IN FAVOR OF, UH, VEGETATION, BUT I AM IN FAVOR OF NATURAL WOOD SLATTED AND NOT SOLID TO KIND OF BREAK UP THE SOUND AND NOT REFLECT IT.
THE SOUND IS OFTEN REFLECTED OFF THE CLOUDS.
YOU CAN HEAR THE RAILROAD WI WHISTLES FROM THE OTHER SIDE OF THE RIVER.
UH, WE'D LIKE TO ELIMINATE THAT.
AND I HAVE FRIENDS THAT WOULD LIKE TO HEAR LESS OF THE THROUGHWAY.
SO SOME TYPE OF, UH, NATURAL WOODEN, CERTAINLY NOT CONCRETE SOUND BARRIERS WOULD BE APPROPRIATE.
I THINK THIS IS AN OPPORTUNITY TO PRESENT A BUILDING THAT'S USABLE TODAY'S ENVIRONMENT AND UPGRADE THE CONCEPT AND THE FEELING THAT WAS THERE BEFORE.
AND I APPRECIATE THE OPPORTUNITY TO EXPRESS MY OPINIONS.
UH, PART OF MY QUESTION WAS ANSWERED.
UH, WITH THE NOISE, I LIVE ALSO PRETTY MUCH BORDERING WHERE THE TEMPLE IS BEING CONSTRUCTED.
UM, I'LL BE, FIRST TO SAY I'M NOT IN FAVOR OF IT, AND I NEVER WAS.
I DON'T THINK IT'S APPROPRIATE IN A KIND OF, UH, SETTING OF A SUBURB TO HAVE THAT IN THAT SPOT.
AND MY NEXT QUESTION, IT REALLY RELATES TO, I GUESS, THE REASON WHY THIS IS ON THE AGENDA, I DON'T UNDERSTAND YOU'RE ASKING FOR THE FRONT YARD TO BE REDUCED.
I DIDN'T SEE THAT ANYWHERE OR EVEN UNDERSTAND WHERE THAT IS HAPPENING.
CAN SOMEBODY EXPLAIN THAT? SO MADAM CHAIR, I'LL, I'LL HIT IT VERY BRIEFLY.
UH, WE'RE ACTUALLY NOT ASKING FOR IT TO BE RE REDUCED.
IT'S ALREADY BEEN APPROVED AS REDUCED.
UM, THE BUILDING WAS NON-COMPLIANT WITH REGARD TO ZONING IN ITS PRE-EXISTING CONDITION.
UM, WE ASKED FOR A MODIFICATION RESULTING IN A FRONT YARD SETBACK FROM THE ROAD, THE, EXCUSE ME, FROM THE FRONT LINE, UH, OR THE FRONT LOT LINE, IRONICALLY, BECAUSE OF THE WIDTH OF THE ROUTE NINE A RIGHT OF WAY, WE FAR EXCEED THE 100 FOOT SETBACK.
THE, THE SETBACK IS 100 FEET, EVEN AS DESIGNED, THE BUILDING WILL BE, I BELIEVE, UH, TOM WILL CORRECT ME IF I'M WRONG, 122 FEET FROM THE ROAD.
SO, WITH ALL DUE RESPECT, SIR, THE, THE ISSUE WITH REGARD TO THE FRONT YARD SETBACK WAS ACTUALLY A ZONING TECHNICALITY.
FROM A PRACTICAL STANDPOINT, UH, WE ARE ONE OF THE FURTHER SETBACK STRUCTURES, AGAIN, BECAUSE OF THE WIDTH OF THE NEW YORK STATE RIGHT OF WAY FROM THE NEAREST ROAD.
I, I, I DIDN'T UNDERSTAND NO PROBLEM WHAT IT WAS ABOUT.
AND WE'RE NOT CHANGING THAT AT ALL.
THE, THE BOARD ALREADY GRANTED THAT WE'RE NOT ASKING FOR A DEVIATION.
AND THE, THE OTHER THING ABOUT THE NOISE, WHICH I GUESS WAS KIND OF EXPLAINED, UH, AND MY ONLY OTHER FURTHER QUESTION TO THAT WOULD BE OUR, OUR, OUR PLANS AT THE TEMPLE TO HAVE OUTDOOR ACTIVITIES WITH A LOT OF PEOPLE.
DO YOU HAVE ENOUGH PARKING? AND, AND HOW DOES THE NOISE WORK? AND THAT WAY I UNDERSTAND IF THERE'S A NOISE ISSUE, I CAN MAKE A COMPLAINT.
SO THE PARKING ISSUE, UM, AS THE PLANNING, AS THE ZONING BOARD KNOWS, WAS REVIEWED AND APPROVED BY THE PLANNING BOARD, WHICH HAS JURISDICTION AND HAD JURISDICTION OVER THE SITE PLAN, IT WAS CONCLUDED THAT THERE WAS ADEQUATE PARKING.
UM, THE NOISE, ALL I CAN TELL YOU IS THAT AGAIN, UH, THEY'RE OBLIGATED TO COMPLY WITH THE TOWN'S NOISE ORDINANCE.
UM, WITH REGARD TO ANY OUTDOOR FUNCTIONS.
[02:45:01]
OMM ARE THERE, AND I'M MORE THAN HAPPY TO LET YOU ANSWER YOUR NEIGHBOR'S QUESTION.ARE THERE ANY OUTDOOR FUNCTIONS? YOU, YOU EXPLAINED TO ALL OF US THE IMPORTANCE OF THE SPIRITUAL AND RELIGIOUS SIGNIFICANCE OF THE PRAYER CEREMONY BEFORE THE BUILDING WAS COMMENCED.
UM, IS THERE ANYTHING ELSE THAT YOUR NEIGHBORS SHOULD BE AWARE OF? YOU, YOU'RE ON MUTE.
THERE, THERE IS NO, THERE IS NOT GONNA BE ANY OUTSIDE FUNCTIONS BECAUSE ONCE THE BUILDING DE CONSTRUCTED, WHICH HOPEFULLY WILL TAKE SIX MONTHS OR SO, AT THAT TIME, ALL THE FUNCTIONS ARE PRAYERS WILL BE HELD INSIDE BECAUSE THE DEITIES THAT WE PRAY, UH, ARE INSIDE THE HOUSE, WE, WE SIT IN FRONT OF THE DEITIES AND THEN PRAY TO THEM.
SO THAT WILL BE INSIDE THE HOUSE, NOT OUTSIDE.
I HAVE NOTHING FURTHER, MADAM CHAIR, UNLESS YOU HAVE FURTHER QUESTIONS.
UM, DOES ANYBODY ELSE HAVE ANY QUESTIONS ON THIS APPLICATION? NO, I DON'T.
WE WILL, UH, CONCLUDE AND BEGIN OUR DELIBERATIONS.
SO I GUESS WE'LL START WITH, WELL, 2126.
DO I, DO WE HAVE TO DO A, UM, A MOTION FOR THAT ADJOURNMENT? DOES ANYONE KNOW? I THINK THAT MAKES SENSE.
YEAH, BECAUSE THEY HAVE, UH, THEY'VE ALREADY HAD, IF I RECALL CORRECTLY, AN ADJOURNMENT.
BECAUSE THEY JUST NOTIFIED ME YESTERDAY.
UM, AND THEN, OKAY, SO 2133 IS HEATH ROAD, THE HOUSE WITH THE HOLE, THE HOLE
WHAT DOES EVERYBODY THINK? I THINK THE LAST TIME WE HELD THIS OVER, BECAUSE WE WANTED TO HEAR FROM THE NEIGHBOR, BUT, UM, WE WERE, AT LEAST AS, AS I REMEMBER, WE WERE IN AGREEMENT THAT, UM, I MEAN, ESPECIALLY THEY WERE REDUCING, UM, THE VARIANTS THAT THEY
NEEDED FROM THE ORIGINAL CONSTRUCTION.
SO, UH, I, CAN YOU GUYS HEAR ME? YEAH.
MY INTERNET CONNECTION IS LIKE CRAZY.
CAN YOU HEAR ME? YEAH, I CAN HEAR YOU.
SO, UM, I, I WOULD BE INCLINED TO GIVE THIS VARIANCE.
NO, WHAT ARE YOU GUYS THINK? YEAH, I'M FOR IT.
WHO WOULD LIKE TO WRITE IT? THE ONE THING I WOULD ASK ANTHONY, IS, IS THIS THE ONE WITH THE NEIGHBOR WHO WANTED, UH, TO BE NOTIFIED WHEN THEY HAD THEIR THAT'S THE ONE, YES.
THE QUESTION I HAVE FOR ANTHONY IS CAN THEY FILE FROM THE, CAN THE NEIGHBOR FILE A FOIL REQUEST IN ADVANCE SO THAT YOU NOTIFY HER WHEN THE PLANS COME IN? BECAUSE OTHERWISE SHE'S GOTTA BE DOING FILING FOIL REQUESTS EVERY WEEK, RIGHT.
I GUESS SHE CAN, BUT WE'D HAVE TO GET AN INTERPRETATION FROM DAVID AS TO WHETHER YOU COULD FOIL A DOCUMENT BEFORE IT EXISTS.
I THINK, UM, FOR THE PURPOSES OF TONIGHT, YOU KNOW, THE, THE, THE, THE NEIGHBOR HAS EMAILED CAROL SEVERAL TIMES, SO, UM, YOU KNOW, I DON'T THINK SHE HAS TO FILL OUT A FOIL FORM EVERY TIME.
SHE CAN PERIODICALLY CHECK IN AND, YOU KNOW, WE'D BE HAPPY TO WALK ACROSS THE
[02:50:01]
HALL AND INFORM HER OF WHAT'S HAPPENING.UH, SO THAT, THAT WOULD LEAD TO A FORMAL FOIL.
SO, UM, I THINK WE HAVE, I AGREE.
I THINK WE HAVE AN EASY COMMUNICATION LINE THAT I, I DON'T SUSPECT WE NEED TO, YOU KNOW, DO ANYTHING.
UM, OTHER THAN THAT YOU'RE, SO THAT'S PUT, THAT'S PUTTING THE ONUS ON YOU TO BE, UH, VIGILANT.
NO, I'M SAYING THAT, UM, THE, THE NEIGHBORS SHOULD BE CHECKING IN WITH US PERIODICALLY.
SHE CAN EMAIL US ONCE PER WEEK, AND WE'LL SIMPLY WALK ACROSS THE HALL AND LET HER KNOW THE STATUS.
UH, WHO'S WRITING IT UP? WELL, UNFORTUNATELY I AM NOT IN A POSITION TO WRITE IT UP THIS WEEK.
I COULD DO IT NEXT WEEK, BUT I CAN'T DO IT THAT TODAY.
WE HAVE, I DON'T HAVE, I DON'T HAVE THE, THE EQUIPMENT.
WILLIAM, DO YOU WANNA DO IT? YOU WANNA DO WILLIAM, DO YOU WANNA DO IT OR YOU WANT ME TO DO IT? YOU COULD DO THAT ONE.
I'LL, I'LL DO ONE OF THE OTHER.
IT MAY NOT IF WE APPROVE, IF WE GIVE, IF WE APPROVE ANYMORE TONIGHT.
MAYBE ONLY ONE OTHER, YOU'RE CORRECT.
IS THIS THE DRIVEWAY? AT THE DRIVEWAY AND THE CARPORT? MY MY CONCERN IS THAT WE JUST RECENTLY HAD A SIMILAR SITUATION WITH THE DRIVEWAY, AND WE'VE HAD MANY OF THESE IN THE PAST.
OBVIOUSLY, I REALLY QUESTION THE NEED FOR A 15 FOOT WIDE DRIVEWAY.
FOR HOW MANY FEET WAS IT 92 FEET? I THINK IT WAS A HUNDRED.
I THINK IT WAS OVER A HUNDRED FEET.
JUST THE THOUGHT OF APPROVING THAT.
YEAH, I AGREE THAT SO MANY PEOPLE COMING BEFORE US WHO WANNA, YOU KNOW, DO SOMETHING SIMILAR.
I THINK THE, THE SIMPLE QUESTION THAT I RAISED, I'M SORRY, CHRISTY, THE SIMPLE QUESTION I RAISED TO, EVEN BEFORE YOU GET TO THE LENGTH, THE ADDED WIDTH, YOU HAD OVER 23, 24 FEET IN THE FRONT.
I DON'T EVEN HOW YOU EVEN OVERLOOKED THAT.
I I WAS IN PAUSE AT THAT MOMENT.
THE ENTIRE FRONTAGE, I THINK NORMALLY WE'RE AT 20 FEET.
SO YOU'RE FIVE TO SIX FEET OVER JUST THAT.
AND THEN THAT INCREASE IS INCREASED, CONTINUES ALL THE WAY TO THE REAR.
TO ME, THE LITTLE PLANTER THEY TOOK OUT, IF THEY WERE BEING SOMEWHAT CONSIDERATE OF THEIR NEIGHBOR, YOU MOVE THE DRIVEWAY CLOSER TO THE HOME, RIGHT.
THEN REDUCED IT ON THE SIDE TO YOUR NEIGHBOR.
SO YOU MAINTAIN THAT WITH, AND POSSIBLY EXTENDED THAT A LITTLE BIT WIDER.
I'M NOT GONNA GET INTO THE TREES AND SHRUBS BECAUSE I WASN'T THERE TO REFEREE WHO DID WHAT, AND THEN IT CONTINUES DOWN THE ENTIRE LENGTH.
AND NOW YOU DO PUT UP ADDITIONAL STRUCTURES BEYOND THAT.
I, I, I HAVE A VERY DIFFICULT TIME WITH THIS ONE AS WELL.
NO, I, I WAS GONNA SAY, I AGREE.
AND I, I MEAN, I ALSO THINK YOU NEED SOME SIDE YARD.
I, I DON'T KNOW WHAT THE ANSWER IS, BUT I, I MEAN, WE CAN'T APPROVE A ZERO FOOT SIDE YARD FOR A DRIVEWAY.
WELL, I THINK THE WAY YOU'RE GOING IS EITHER TO DENY OR TO PUT IT OVER WITH A LETTER FROM CAROL ASKING THEM TO SEE WHETHER THEY CAN REDUCE THAT VARIANCE.
ONE WAY I CAN SEE DOING IT IS THE CARPORT IS FOUR AND A HALF FEET FROM THE PROPERTY LINE.
SO IF THEY MOVE THE, UH, SO IF THEY CUT IT BACK FOUR AND A HALF FEET ALL THE WAY THROUGH, THEY STILL SHOULD HAVE ENOUGH WIDTH FOR THAT TRUCK.
AND, UH, AND THEY'RE GIVEN, UH, THEY'RE GIVEN, UH, F FOUR AND A HALF FEET, WHICH IS PLENTY OF ROOM TO PUT, UH, MITIGATION A CURB, NUMBER ONE.
BUT THAT'S ALSO OKAY IF THEY'RE WITH THAT A HUNDRED AND AND FEET OF LENGTH.
YEAH, I'M NOT, WHICH I REALLY AM NOT.
I MEAN, I REALIZED THAT THAT, UH, WHAT IS IT CALLED? I GUESS IT
[02:55:01]
WE'VE HAD OTHER CASES WHERE PEOPLE WANNA USE THEIR SIDE YARDS OFF THEIR HOUSES AND PARK OTHER CARS TO GET THEM IN.AND, YOU KNOW, WE'VE CUT THEM DOWN AND SAID, HOLD IT.
NO, YOU CAN'T JUST DRIVE INTO YOUR BACK, YOU KNOW, THE WIDTH OF THE, THE LENGTH OF YOUR HOUSE JUST TO PARK MORE CARS.
AND, AND WE'VE HAD CASES WHERE, LIKE THE ONE WHERE THE GUY SAID HE HAD THREE SONS, I THINK LIVING WITH HIM, AND THEY HAD LIKE EIGHT CARS.
AND OF COURSE THEY HAD A LOT OF DRIVEWAYS, BUT THEY HAD A WAY TO DO IT.
AND, BUT HERE IT'S A TRUCK THAT HAS ALL OF THIS SPACE, AND IT'S NOT EVEN A HUGE TRUCK.
SO, BUT THE DRIVEWAY WE'RE JUST TALKING ABOUT, WE'RE NOT TALKING ABOUT THE LENGTH OF IT.
WELL, THE LENGTH BOTHERS ME TO BE HONEST.
AND, AND, AND WHEN I LOOK AT, I MEAN, THIS IS, BUT THE VARI, THE VARIANCE IS FOR THE WIDTH.
BUT THE, THE THING THAT COMES TO MY MIND IS THIS IS THE FIRST TIME I'VE HAD ONE OF THESE, WHAT I'M CALLING A PORTABLE GARAGE, WHICH A LOT OF PEOPLE COULD HAVE, YOU KNOW, AND I'M SAYING, HMM.
IS THIS SOMETHING THAT PEOPLE ARE GONNA START DOING SO THAT THEY CAN MAKE MORE USE OF, YOU KNOW, THEIR SIDE YARDS OR WHATEVER YOU WANNA CALL IT? I DON'T KNOW.
I THINK EVERYTHING IS A PRECEDENT.
SO, ED CORRECTION, THE VARIANCE IS ALSO FOR THE LENGTH, BECAUSE THE LENGTH IS ENCROACHING WITHIN THE SETBACK AND THE LENGTH IS BEING LEGALIZED ALSO.
OH, WOULD IT BE HELPFUL? WOULD IT BE, I'M SORRY, WHERE IS THE, WHERE'S, WAIT, EXCUSE ME.
WHERE IS THE, UH, YEAH, MAYBE YOU COULD SHARE THE DRAWINGS.
THE ORIGINAL ONE WAS ON THE ORIGINAL ONE.
AND WHAT THEY'RE LEGALIZING? YEAH, BECAUSE IT, THEY'RE LEGALIZING A DRIVEWAY IN A CARPORT, BUT THE DRIVEWAY, IT, ITS SETBACK IS FOR THE WIDTH, NOT FOR THE LENGTH.
IT'S NOT LIKE THERE'S A, THE DRIVEWAY IS GONNA NO'S NOT, BUT THE ACTUAL DRIVEWAY IN THAT A HUNDRED FEET IS ALL PART OF THE LEGALIZATION THAT THE BAR IS REVIEWING.
YOU FOLLOWING GARRETT, MAYBE THE OTHER TWO, THE, THE, THE INITIAL DRIVEWAY THAT WAS ON FILE WAS IN THE FRONT, AND THEN THERE WAS THIS DRIVEWAY GOING UP THE SIDE.
THE BUILDING INSPECTOR AT ALL.
YEAH, THERE DARREN, YOU COULD SEE IT.
DARREN, MAYBE YOU COULD JUST RUN YOUR CURSOR ALONG IT FOR HIM.
SO WHAT ARE YOU SAYING DOESN'T EXIST? SO I'M SAYING THAT THE LENGTH OF THE DRIVEWAY IS, IS PART OF WHAT'S BEING LEGALIZED HERE? IT IT IS THE ACCESSORY PARKING STRUCTURE.
IT'S THE SETBACK FROM THE DRIVEWAY TO THE SIDE.
BUT, BUT IT'S THE, YOU KNOW, IT'S THE DRIVEWAY ITSELF.
WHAT I'M SAYING IS THE DRIVEWAY ITSELF, ESSENTIALLY, IF YOU OFFSET 12 FEET FROM HERE, THERE WOULD BE NO WAY TO PUT A DRIVEWAY BEYOND THIS POINT HERE.
WHICH IS HOW IT INITIALLY WAS.
IF YOU OFFSET IT FROM WHERE, OKAY.
SO, UM, IF YOU TAKE A 12 FOOT OFFSET FROM THIS, THE, THE PROPERTY LINE, YOU'RE GONNA BE TWO FEET FROM THE HOUSE.
YOU CAN'T PUT ANY DRIVEWAY BEYOND THIS CORNER OF THE HOUSE.
AND WHAT'S TRANSPIRING IS A DRIVEWAY FOR THE, THAT'S, UH, NOT WITHIN THE SETBACK OR WITHIN, IS THERE FOR THIS WHOLE DURATION, YOU SAYING WHAT YOU'RE SAYING IS THERE'S A MINIMUM WIDTH FOR A DRIVEWAY? IS THAT WHAT YOU'RE SAYING? WHAT I'M SAYING IS TO HAVE ANY LEGAL DRIVEWAY, UM, ON THIS LOT, IT CANNOT GO BEYOND THE CORNER OF THIS HOUSE TO THE REAR YARD.
AND THAT'S BECAUSE THE, THERE'S A MINIMUM DRIVEWAY.
'CAUSE THERE'S A SETBACK DRIVEWAY.
THERE'S NO, NO, IT'S BECAUSE IT'S A FUNCTION OF THE SETBACK OF 12 FEET.
SO FOR INSTANCE, IF THE HOUSE WAS SITUATED WAY BACK HERE, YES, YOU COULD HAVE A DRIVEWAY GO BACK TO THE HOUSE, BUT IT COULDN'T BE WITHIN 12 FEET OF THIS SIDE YARD.
SO THERE'S NOTHING WRONG WITH THE LENGTH, BUT EXCEPT THE FACT THAT FOR THE WHOLE DURATION OF THE LENGTH IS WITHIN THE SETBACK OF THE ALLOWABLE SET.
I UNDERSTAND THAT WITHIN THE SETBACK, I UNDERSTAND THAT.
BUT THE, BUT THE, THE VARIANCE IS FOR, THE WIDTH IS FOR THE SETBACK, WHICH IS THE WIDTH,
[03:00:02]
THE VARIANCE, THE SETBACK.BUT WHAT WE'RE TRYING TO SAY IS THAT, IS THE WHOLE DRIVEWAY PORTION GOING BACK IS WHAT'S PART OF THE APPLICATION.
THAT'S YEAH, I, I UNDERSTAND THAT.
AND THAT'S WHAT I OBJECT TO THE WHOLE DRIVEWAY GOING BACK.
SO WHAT WOULD BE INTERESTING THOUGH IS I, YOU KNOW, I WOULDN'T KNOW THE NEIGHBOR'S PERSPECTIVE IF, FOR INSTANCE, UM, WELL, YOU COULDN'T BRING THE CARPORT UP HERE EITHER, UH, TO BE, 'CAUSE IT ALSO WAS SUPPOSED TO BE 12 FEET BACK.
BUT FOR INSTANCE, IF YOU PUT THE CARPORT HERE, I DON'T KNOW IF THE NEIGHBOR WOULD ACTUALLY PREFER THE CARPORT BACK HERE BECAUSE IT'S A LITTLE TUCKED BEHIND THE TREES.
UM, BUT I THINK AT THE END OF THE DAY, WHAT WE'RE HEARING FROM THE BOARD IS THEY'D LIKE TO SEE A VARIETY OF ALTERNATIVES THAT ARE MORE IN COMPLIANCE WITH THE CODE.
UM, AND, YOU KNOW, CERTAINLY NOT THE ZERO, UH, SETBACK, WHICH IS WHAT EXISTS.
UM, AND IT'S UP TO THE APPLICANT TO COME BACK TO, UM, THE BOARD WITH SOMETHING THAT'S MORE COMPLIANT AS AN ALTERNATIVE.
AND THEN, WE'LL, WE PUT IN THE SUGGESTION THAT YOU HAD ED THERE WITH THE, UH, LANDSCAPING AND COMBINATION OF CURBING, UM, AS WELL AS REVISITING THE CARPORT WITH, UH, DISTANCE FROM THE PROPERTY LINE.
SO WE'RE, SO THE, THE, AS I SAID BEFORE, THE CHOICE IS BETWEEN DENI OUTRIGHT DENIAL OR GIVING THE APPLICANT A CHANCE TO COME BACK.
CAN WE TAKE A STRAW VOTE TO SEE HOW THEY, WHAT THEY WANNA DO? I WILL SAY, NOT THAT GARRETT HAS SPOKEN, I I'LL CHANGE MY VOTE BECAUSE I WAS GONNA BE A NO.
AND THAT VOTE
SO GARRETT MADE A COMPELLING ARGUMENT.
IT I COULD CHANGE MY VOTE TO GIVE THEM AN OPPORTUNITY TO RESUBMIT.
I, THAT WOULD BE, I WOULD GIVE THEM AN OPPORTUNITY TO RESUBMIT AND, AND I HAD SAID TO THE NEIGHBOR, WHICH OBVIOUSLY THE APPLICANT DIDN'T PICK UP ON WHAT COULD WE POSSIBLY BE DONE.
I WOULD BE IN FAVOR WITH THAT.
UM, GARRETT, DID YOU MENTION THAT WE'RE GONNA TALK ABOUT THE, THE, I DIDN'T HEAR, SORRY, I BROKE IT BROKE UP THE LANDSCAPING AND WATER ALSO AS PART OF OUR REQUEST.
UH, LANDSCAPING AS A POTENTIAL, AND THEN THE CURBING, WHICH IS A FUNCTION OF THE, THE CONCERN FOR THE RUNOFF.
AND, AND YOU REALIZE THAT THE WALL THAT WAS, AND THIS IS MY POINT OF VIEW, THE WALL THAT WAS PUT UP, ESPECIALLY WHEN I, I LOOK AT IT THE WAY IT WAS DESIGNED, IT'S HIGH IN THE BACK AND THEN IT COMES DOWN SOME, I THINK EVEN THAT PROBABLY VIOLATES THE CODE, EVEN THOUGH IT'S NOT A, A FRONT, A FRONT YARD, UH, FENCE.
THE, IT'S QUITE HIGH AND IT HAS A BASKETBALL
IT REMINDS ME OF ANOTHER CASE WE HAD WITH BASKETBALL HOOP IN A DRIVEWAY.
SO, ALL RIGHT, SO WE'RE GONNA ADJOURN THAT ONE.
ALL I'LL SAY IS I ASKED A VERY SIMPLE QUESTION.
WE WOULD NOT BE HAVING TO APPROVE ANYTHING.
IF YOU HAVE A DECAY DECK, EVEN IF IT WAS NON-COMPLIANT, YOU COME TO US AND ASK US, YOU KNOW, CAN I JUST BRING UP THE CODE? OR WHATEVER THE CASE MAY BE.
THIS IS HOW I FOUND I PURCHASED THE HOUSE.
IT WAS THAT WAY, YOU KNOW, KNOW BEFORE MY GREAT-GRANDMOTHER MOVED INTO IT.
UM, THERE WERE OTHER ROOFING MECHANISMS WHETHER, AND I'D HAVE TO JUST BESIEGE, UH, GARRETT OR, UH, ANTHONY TO ANSWER THAT QUESTION.
LIKE THOSE RETRACTABLE AWNING ROOFS.
THERE, THERE WERE OTHER THINGS THAT COULD BE DONE TO ACHIEVE THAT SAME PURPOSE.
SO FOR ME, I WOULD GIVE THE APPLICANT AN OPPORTUNITY TO RESUBMIT.
I ALSO THOUGHT ABOUT THE RETRACTABLE AWNING OPTION AND THOUGHT MAYBE THAT'S BETTER
I ASSUME THEY DON'T EVEN, IS THAT CORRECT, ANTHONY? IF THEY PUT A RE RETRACTABLE, OR IS THAT CONSIDERED A STRUCTURE? I THINK IF THEY WOULD'VE PUT A RETRACTABLE AWNING, IT WOULDN'T BE PERMANENT.
SO, YOU KNOW, ALTHOUGH IT IS, YOU KNOW, MOUNTED TO THE HOUSE AND IT IS A STRUCTURE, IT'S RETRACTABLE AT THE END OF THE DAY.
SO THEY WOULDN'T NEED THE VARIANCE.
I WOULD HAVE TO DISCUSS IT WITH THE BUILDING INSPECTOR, THE ACTING BUILDING INSPECTOR RIGHT NOW, AND SEE HOW HE FEELS ON THAT.
YOU KNOW, WE'VE NEVER HAD ONE BEFORE US WHERE WE HAD THE QUESTION AS TO WHETHER THE RETRACTABLE AWNING
[03:05:01]
IS CONSIDERED TO HAVE TO MEET THE SETBACK OR NOT.SO WE'D HAVE TO SIT DOWN WITH HIM AND DISCUSS IT.
SO I GUESS I WOULD SAY HE DOES NEED A VARIANCE.
THEN WHAT DO YOU WANNA DO, WILLIAM? LIKE, DO WE HAVE A PREFERENCE FOR RETRACTABLE VERSUS A PERMANENT ROOF, OR, AGAIN, I BELIEVE THE ROOF, AS I'M LOOKING AT IT, THAT'S BEING PROPOSED, WOULD GO FROM THE HOUSE TO THE EDGE OF THE DECK.
IT'S A 10 FOOT WIDE DECK BY 20 PLUS FEET.
COULD WE GET HALF OF THAT ROOF? I, I DON'T KNOW.
I JUST THINK THAT SOMETHING ADDITIONAL SHOULD BE SUBMITTED, UM, FOR ME.
UM, BECAUSE AGAIN, IF YOU NEEDED A DECK, WE CAN GIVE YOU A DECK.
UH, WHAT DO YOU WANT ME TO ASK HER? SUBMIT TO THE APPLICANT BEFORE I TO PLEASE SUBMIT SOMETHING THAT WOULD MITIGATE THE VARIANCE.
AND THE OTHER THING ALSO IS THAT IF WE NEED TO ASK THAT, IF WE, IF THEY DO PUT THE ROOF AND WE GRANT THE VARIANCE, WE WANTED THEM TO LOOK AT, UM, THE DRAINAGE ISSUES, DRAINAGE ON THE ROOF.
WE'LL, WE'LL, WE'LL, WE'LL CHECK IN WITH THE ENGINEERING DEPARTMENT.
I MEAN, I LOOKED AT THE TOPO WITH TWO FOOT CONTOURS.
UM, THERE'S A SLIGHT PITCH OUT THERE.
IT DOES, YOU KNOW, IT DOES NOT SEEM EXTREME.
I DON'T THINK THIS WOULD RISE TO THE LEVEL WHERE THE APPLICANT IN ANY SCENARIO WOULD HAVE TO ADD A DRY WELL AS A RESULT OF, UM, THE PROPOSAL.
BUT NONETHELESS, UM, WE'LL, WE'LL, WE'LL ASK THE ENGINEER IF THERE ARE, YOU KNOW, NO DRY WELLS ON SITE AND PERHAPS IT PROCEEDED THE CODE.
UM, YOU KNOW, WE CAN INQUIRE ON THAT LEVEL, BUT I DON'T THINK THIS PROJECT WOULD WARRANT, UM, ANYTHING.
NO, I'M IN AGREEMENT WITH THAT AS WELL.
I MEAN, I'M, I DON'T, I DON'T WANT THE HOMEOWNER HAVE TO DO ANYTHING EXTENSIVELY GREATER.
AND RIGHT NOW THE REQUEST WAS TO RE REPLACE A, A DECAYING DECK AND ADD A ROOF.
THE ADDING OF THE ROOF, WHICH DOES NOT EXIST, CREATES THAT ADDED BURDEN, THAT'S ALL.
ANYBODY ELSE THOUGHTS ON THE DECK? NO, I THOUGHT IT WAS A GREAT IDEA FOR THE, UM, RETRACTABLE AWNING.
NEXT 2136, UH OH, THE CIGAR BAR,
WELL, I HAD A LOT OF THOUGHTS ON THIS ONE.
UM, UH, I GUESS I COULD SHARE THEM HERE.
UM, IN MY OPINION, I, I WOULD CALL THIS A MEMBERSHIP CLUB BASED ON THE CODE, NOT, UM, A RECREATIONAL OR A ENCLOSED COMMERCIAL RECREATION FACILITY.
SO, IN MY OPINION, I WOULD SAY THIS IS A MEMBERSHIP CLUB, WHICH IS NOT PERMITTED IN THE CA DISTRICT, THEREFORE, YOU KNOW, YOU CAN'T HAVE IT.
UM, I DID MAKE SOME SUGGESTIONS OF TWEAKING THE CODE TO PERMIT SOMETHING LIKE THIS, UM, WHICH I DISCUSSED, UM, A LITTLE BIT WITH GARRETT.
UH, BUT THAT, THAT'S MY A A USE VARIANCE TO ME IS REALLY A NON-STARTER.
I DON'T THINK THIS QUALIFIES, UH, UH, FOR USE VARIANCE.
IT, I JUST DON'T, UM, THERE'S NOTHING SPECIFICALLY UNIQUE TO THIS SECOND STORY, UH, USE THAT MAKES IT DIFFERENT THAN ANY OTHER SECOND STORY PROPERTY IN GREENBURG, IN WHITE PLAINS ANYWHERE.
I MEAN, THIS IS AN, A, A PERVASIVE PROBLEM FOR COMMERCIAL RETAIL OR COMMERCIAL PROPERTIES ALL OVER THE COUNTY.
SO IN THAT SENSE, TO ME, IT'S NOT, THEY COULD NEVER GET A USE VARIANCE IN MY OPINION.
I, I, I WOULD GO A DIFFERENT ROUTE WITH THIS IF IT'S REALLY, YOU KNOW, IMPORTANT TO THE TOWN TO ALLOW THIS USE TO, UH, TO, TO EXIST.
NOW, INTERESTINGLY, I I DIDN'T REALIZE, YOU KNOW, THERE'S A BABY STORE ON THE FIRST FLOOR AS WELL.
I MEAN, THAT TO ME SEEMS NOW HE'S JUST A TENANT TOO.
HE'S NOT, UM, HE'S NOT THE, HE WASN'T THE PROPERTY OWNER.
YOU KNOW, I, I WOULDN'T WANT, I MEAN, YOU'RE GONNA SMELL THAT CIGAR SMOKE.
I DON'T KNOW,
BUT THE BIGGEST ZONING ISSUE, I, I REALLY THINK
[03:10:01]
IT'S, IT'S A MEMBERSHIP CLUB, CLEARLY, AND IT'S NOT PERMITTED IN THAT DISTRICT.I HADN'T LOOKED AT THAT ASPECT OF IT, CHRISTIE, BUT I APPRECIATE YOUR THOUGHTS ON THAT.
UM, I
MY HUSBAND DOESN'T SMOKE CIGARS, BUT HE DOES SMOKE CIGARETTES AND HE LOVES TO GO INTO THEM AND SMOKE BECAUSE OF THE SOCIALIZATION OR WHATEVER, RIGHT? SO, AND, AND IT'S FUNNY, I'M, I'M DOWN HERE IN THE VIRGIN ISLANDS AND HE SAW ONE OF THEM RIGHT HERE ON THE WATERFRONT, AND HE GOES, I WANNA GO IN THERE.
SO THEY, THEY ARE BECOMING VERY PREVALENT.
AND WE DO HAVE TO, YOU KNOW, GIVE THOUGHT TO THE FACT THAT AS THIS PANDEMIC HAS CHANGED THE USE OF A LOT OF SPACE NOW THAT'S, THAT'S WHAT'S OUT THERE OF GIVING IT NEW USES.
AND I'M NOT OPPOSED TO THE USE OF IT PER SE.
I THINK THAT BASED UPON, UH, HOTELS THAT I'VE GONE TO WHERE IF YOU GO TO VEGAS AND OTHER PLACES WHERE SMOKING IS ALLOWED, THEY HAVE THESE AIR SCRUBBERS THAT REALLY, REALLY DO THE JOB.
I MEAN, YOU, YOU REALLY DON'T SMELL IT.
AND I'VE, I'VE GONE IN, YOU KNOW, OTHER PLACES LIKE THAT.
SO THAT'S SOMETHING THAT CAN BE DEALT WITH.
I'M NOT SO MUCH WORRIED ABOUT THE SMELL INVADING THE SPACE BELOW.
AND I THINK THEY'RE, THEY WERE PREPARED TO TRY AND ALSO ADDRESS THE NOISE COMPONENT WITH RESPECT TO PEOPLE, YOU KNOW, WALKING UPSTAIRS.
WHAT BOTHERS ME MORE ABOUT IT IS THEY TALK ABOUT MAYBE 30 PEOPLE.
AND I'M SAYING, YOU'VE GOT 38 PARKING SPACES, YOU KNOW, IN THIS.
BUT HE DID SAY THAT HE WOULD GET THE NUMBERS FOR US AND COME UP WITH SOMETHING MORE SOLID AS TO HOW THEY COULD USE, YOU KNOW, ADJACENT SPACES.
BECAUSE I DON'T WANNA COME UP WITH A GREAT PLACE, BUT THE NEIGHBORS ARE SAYING, THESE PEOPLE ARE PARKING ALL OVER, YOU KNOW? SO THAT'S KIND OF WHERE I AM.
DIANE, WILLIAM, I WAS GONNA LET DIANE GO FIRST.
THIS, THIS IS SO COMPLICATED AND THIS ONE IS NEW TO ME.
UM, WILLIAM, I, I, I WANT YOU TO GO FIRST.
UM, I'M NOT A CIGAR SMOKER PER SE.
HOWEVER, UH, NUMBER OF THE GENTLEMEN THAT I COACHED WITH ACTUALLY BELONG TO A NUMBER OF THE LOCAL, UH, CIGAR LOUNGES.
THERE'S ONE MOM'S CIGAR LOUNGE, WHICH IS DOWN CENTRAL AVENUE IN YONKERS.
UM, THERE'S ONE IN EAST CHESTER THAT THEY FREQUENT.
UM, A NEW ONE IS BEING BUILT ON POST ROAD, UM, SOUTH OF, UM, I MEAN, UH, NORTH OF AMMAN AVENUE.
SO EVE, TO YOUR POINT, IT, THEY ARE BECOMING MORE PREVALENT.
UM, I WOULD LIKE TO JUST LOOK AT THAT, UM, CODE BECAUSE I, I KNOW IT WAS SENT TO US.
I JUST WANNA LOOK AT IT AGAIN, IN TERMS OF RECREATIONAL USE.
BUT KNOWING THAT THERE IS A PRE-EXISTING BUSINESS, UM, I WOULD NOT WANT TO CREATE A SCENARIO THAT COULD POTENTIALLY IMPACT THEIR BUSINESS.
SO I THINK SINCE THE, UM, APPLICANT HAS PROPOSED TO, UM, BRING FORTH WHAT THE, UM, AIR FILTRATION SYSTEM IS GONNA BE, 'CAUSE ONE OF THE THINGS THAT I DID WANNA ASK, AND I WAS LOOKING AT THE PHOTOGRAPHS AGAIN, I FORGOT TO, WAS WHETHER OR NOT ANY OF THOSE WINDOWS OPEN.
UM, BECAUSE, AND THAT'S GOING TO DEFEAT BEING A SEALED ENVIRONMENT.
UM, AND WHAT MITIGATING THINGS, AND I WAS TRYING TO LEAD INTO A LOT OF THAT IN TERMS OF THE USE OF THE SPACE, UM, WHO WAS GONNA BE PERMITTED WHEN THEY WOULD BE PERMITTED.
UM, BUT FOR MOST OF THEM THAT I HAVE SEEN IN WESTCHESTER, IT IS, UM, PROBABLY MORE OF AN ECLECTIC GROUP OF INDIVIDUALS THAT GO TO IT.
UM, I WAS A LITTLE SURPRISED THAT THEY WERE HAVING A FULL FLEDGED BAR, UM, BECAUSE MANY OF THE OTHER ONES, THOSE LOCKERS, AND AGAIN, THIS WOULD COME INTO OUR CODE TOO, OUR KIND OF, UH, B Y O B AND, YOU KNOW, YOU WOULD BRING YOUR BRANDY AND IN THAT LOCKER ALONG WITH YOUR CIGARS, YOU WOULD LOCK UP YOUR BRANDY, YOUR GLASSES AND EVERYTHING ELSE THAT CAME ALONG WITH THAT.
UM, SO I THINK THIS IS A VERY UNIQUE, UM, ESTABLISHMENT IN THAT, IN THAT EFFECT THAT THEY'RE GONNA ACTUALLY HAVE A BAR, UM, WHICH I THEN, AT THAT POINT, IS IT REALLY MORE A, OF A RESTAURANT BAR THAT HAPPENS TO HAVE CIGAR SMOKING? OR IS IT A TRULY RECREATIONAL EVENT? AND I REMEMBER, UM, ONE PERIOD OF TIME WHEN I HAD GONE DOWN TO N R P A, WHICH
[03:15:01]
IS NATIONAL PARKS AND RECREATION ASSOCIATION IN TAMPA SOME YEARS AGO.UM, IT DID COME UP BECAUSE I DID GO WITH ONE OF OUR COMMISSIONERS FROM THE TOWN, AND WE STOPPED AT A PARTICULAR PARK WHERE THEY WOULD HAD AN MG MINI RALLY WHERE THEY HAD ALL OF THESE DIFFERENT CARS.
AND WE BEGAN TO REALLY, TO HAVE THE DISCOURSE AS TO WHAT IS CONSIDERED RECREATION.
AND AS EVE AS YOU HAVE JUST SAID WITH THE PANDEMIC, THE AVENUES IN WHICH PEOPLE HAVE NOW CHOSEN TO RECREATE OR FIND THAT, UH, LEISURE ACTIVITY, THERE MAY BE A NEED GOING TO CHRISTIE'S POINT AS TO HOW THAT CODE IS DEFINED.
BECAUSE I THINK MOST TRADITIONALLY WHEN WE LOOK AT RECREATION, WE'RE THINKING OF BASKETBALL, WE'RE THINKING OF TENNIS, BUT THE ACTUAL FIELD OF RECREATION HAS EXPANDED.
SO HAVING SAID ALL OF THAT, MY THOUGHTS, AGAIN, THIS WOULD BE ANOTHER GERMAN FOR ME, THAT IN TERMS OF HOW THEY WOULD MITIGATE THEIR CROWD, UM, THEIR CROWD FLOW, I DON'T KNOW WHAT THE CODE SAYS IN TERMS OF THEM STAYING OPEN TILL MIDNIGHT.
SO AGAIN, AS WE'RE SAYING, IS IT A RESTAURANT BAR OR IS IT A TRULY SPACE THAT IF IT WAS NOW A CHESS CLUB, IT, LET'S SAY IF IT WERE A CHESS CLUB, I THINK SOME OF THE QUESTIONS WE ARE RAISED, AND WE WOULDN'T EVEN HAVE THOSE QUESTIONS.
YOU JUST HAVE THE CHESS BOARDS THERE, UM, INDIVIDUALS COME IN, UH, YOU SIT DOWN, YOU TAKE A TICKET OR WHATEVER, UM, LIKE, OR, OR EVEN A BINGO PARLOR.
IT IS VERY CLEAR IN ITS PURPOSE.
AND I THINK THE MULTIFACETED NATURE OF THE VARIOUS ROOMS, UH, I BELIEVE DIANE ASKED THAT QUESTION.
IT MIGHT HAVE BEEN, CHRISTIE, WHAT'S GONNA HAPPEN IN THE CONFERENCE ROOM.
UM, I, I'M NOT OPPOSED TO ANYTHING THAT THEY PROPOSED.
I JUST THINK THAT THE OVERALL PROPOSAL IS, IS A LITTLE BIT MORE UNIQUE THAN ANY OF THE PLACES THAT I CAN ACTUALLY THINK OF THAT ARE CURRENTLY EXISTING FROM EASTCHESTER, UM, THROUGH YONKERS AT THIS POINT, AND NOW SOON TO BE COMING IN WHITE PLAINS.
I KNOW THAT'S A LOT, BUT I JUST THINK THEY NEED TO PUT, THERE'S A LITTLE BIT MORE NEEDS TO BE PROVIDED.
YEAH, I THINK WHAT YOU SHOULD PROBABLY DO IS MAKE A LIST OF QUESTIONS THAT YOU WANNA ASK.
YOU KNOW, LIKE WHAT FOOD AND, UH, WHO'S AND THIS BUSINESS ABOUT ONE DAY MEMBERSHIPS.
I MEAN, NOT, I WAS JUST GONNA SAY, I MEAN, THEY'RE A MEMBERSHIP CLUB.
'CAUSE I ASKED THAT SPECIFICALLY.
THEY'RE GONNA, IT'S NOT-FOR-PROFIT.
THEY'RE GONNA HAVE A BOARD OF DIRECTORS.
IT'S NOT LIKE A RESTAURANT WHERE YOU CAN JUST GO IN.
I MEAN, THEY SAY YOU CAN PURCHASE A ONE DAY MEMBERSHIP.
UM, BUT THE OTHER THING THAT IS THAT THEY'RE APPEALING THE BUILDING INSPECTORS DETERMINATION.
THAT IT'S NOT AN FULLY ENCLOSED COMMERCIAL RECREATIONAL FACILITY.
I DON'T THINK IT'S AT ALL AN COMMERCIAL RECREATIONAL FACILITY, WHICH IS NOT EVEN THAT, THAT'S NOT EVEN A DEFINED TERM IN THE GREENBERG ZONING CODE.
LIKE, YOU CAN'T GO TO THE CODE AND LOOK WHAT IS THAT AND, YOU KNOW, TRY TO FOLD IN A CIGAR LOUNGE.
UM, I, I, TO ME, I JUST THINK, I, I THINK IT, UM, IT'S A CLUB AND I, I DON'T, I'M NOT OPPOSED TO THIS USE AT ALL THERE.
I THINK IT'S NOT A BAD IDEA AS LONG AS, YOU KNOW, YOU SAY WITH THE AIR FILTERS AND ALL OF THAT.
I, I THINK IT'S, IT'S UNIQUE CLEVER IDEA FOR A SECOND FLOOR SPACE ON CENTRAL AVENUE.
UM, BUT I, I DON'T, I THINK IT'S A MEMBERSHIP CLUB WHICH ISN'T PERMITTED.
AND I THINK THERE NEEDS TO BE ANOTHER WAY TO, TO WORK WITH THEM AND TO, SO THAT IT CAN, SO THAT IT CAN GO THERE.
YOU KNOW, AGAIN, LIKE I, I, I'D LIKE TO SEE THAT THERE.
I JUST, IT, IT CAN'T GO THERE.
I, IN MY OPINION, THE WAY THAT THE CODE IS NOW.
THE ONLY THING I I, BECAUSE I THOUGHT WE WEREN'T GONNA HAVE TO
AND THEN WE CAN ALSO ASK THEM ABOUT THE PARKING.
I'LL LOOK, YOU KNOW, MAYBE THEY NEED TO PROVIDE A BREAKDOWN OF WHAT THE PARKING REQUIREMENT IS FOR ALL THE USES AND HOW, UM, AND WHAT THE, YOU KNOW, WHAT THE SPILLOVER WOULD BE.
TO THE, I'M I'M SURE THE EVENING IT WOULDN'T BE THAT MUCH OF A PROBLEM, BUT WE CAN KNOW.
I MEAN, THE OTHER THING IS THIS SPILLS INTO A NEW U USE OR NEW SPECIAL PERMIT CRITERIA WITHIN THE CA DISTRICT.
YOU KNOW, IT MIGHT HAVE DIFFERENT, LIKE IT MIGHT HAVE A DIFFERENT PARKING, LIKE THEY, THE PLANNING DEPARTMENT OR BOARD OR COMMITTEE OR WHATEVER COULD DETERMINE IT NEEDS DIFFERENT PARKING REQUIREMENTS ALTOGETHER FROM WHAT A COMMERCIAL RECREATION FACILITY NEEDS.
HOW LONG? 6,200 SQUARE FEET TO ANSWER THAT QUESTION.
NOW, THAT'S A HECK OF A LOT OF, IF WE TAKE THE INCIDENTAL OFF, THAT'S STILL A LOT OF SQUARE FOOTAGE FOR 30 PEOPLE SITTING AROUND BOOKING
[03:20:01]
CIGARS.I MEAN, IF, IF, LET'S SAY SOMEONE HAS A YEAR MEMBERSHIP THERE AND THEY WANNA HAVE A PARTY, YOU KNOW, OF COURSE THEY'RE GONNA WANNA HAVE PARTY
EVEN IF IT'S JUST 10 OF THEIR BUDDIES, YOU KNOW, THEY'RE GONNA HAVE IT.
I'M NOT SAYING IT'S GONNA BE, YOU KNOW, A BIG HUGE THING.
SO ANYWAY, I JUST THINK THERE'S A LOT OF STUFF THAT NEEDS TO BE THOUGHT THROUGH ON THIS THAT IS NOT, NOT REALLY FALLS UNDER OUR JURISDICTION.
ALSO, I MEAN, HE SAID THEY WOULD LET MINERS IN, RIGHT? BECAUSE IT'S A NON-FOR-PROFIT PRIVATE CLUB.
YOU KNOW WHAT I MEAN? LIKE, THERE ARE THINGS LIKE THAT, THAT ARE TOTALLY NOT FOR US AS THE ZONING BOARD, BUT I JUST FELT REALLY NEEDED TO BE THOUGHT THROUGH.
I MEAN, ALSO, IT'S A NOT-FOR-PROFIT AND THEY'RE SELLING ALCOHOL.
WELL, THEY SHOULD SELL ALCOHOL, OTHERWISE NOBODY'S GONNA BE THERE.
WELL, I, I MEAN, I, I HAVE, I HAVE ALSO BEEN TO CIGAR CLUBS, BUT IT'S ALWAYS LIKE, YOU EITHER HAVE TO BUY A BOTTLE FROM THEM, NOT LIKE A DRINK, AND YOU PUT IT IN YOUR LOCKER, BUT THEY DON'T REALLY SELL ALCOHOL, YOU KNOW, AND THEY HAVE LIKE, UM, UH, LIKE WHEN YOU GO TO A WINERY AND THEY HAVE LIKE LITTLE READY-MADE THINGS OF FOOD, LIKE SNACKS, THEY HAVE THINGS LIKE THAT.
I'VE NEVER BEEN TO ONE WHERE THEY HAVE, UM, UH, YOU KNOW, UH, A, A SMALL KITCHEN AND BAR LIKE THAT.
WELL THEN IT'S SORT OF A COUNTRY CLUB MODEL.
YOU KNOW, YOU'RE GONNA, THEY PROBABLY BILL YOU, YOU KNOW, YOU HAVE A ACCOUNT NUMBER AND YOU GET BILLED MONTHLY.
YEAH, I, LIKE I SAID, THE DESIGN IS JUST A LITTLE BIT UNFAMILIAR TO ME, BUT I, I, I LIKE THE PROPOSAL.
IT, IT'S, AGAIN, JUST WHAT THAT USE IS GONNA BE AND THE DETAILS OF IT.
WELL I HAVE A GOOD LIST HERE FOR EVERYTHING YOU'VE MENTIONED.
SO, UH, WE'LL PUT THAT TOGETHER, MAYBE SEND AROUND BULLETS AND IF BOARD MEMBERS WANNA SUPPLEMENT IT WITH ANYTHING ELSE YOU CAN THINK OF, UH, YOU KNOW, FEEL FREE PLEASE.
UM, AND THEN THE NEXT 1, 21 37 IS 2 98 CHATTERTON PARKWAY.
THE HIP THAT WAS TURNED INTO A CABLE
SO YOU GUYS GO, BUT IT'S STRONG
ALSO, IT, THEY DID AN EXCELLENT JOB,
WHEN I SAW THAT PROPERTY GO UP, BECAUSE YOU GO UP A FEW HOUSES MORE, THERE'S A YELLOW HOUSE ON THE SAME SIDE.
BEFORE I PURCHASED MY HOME HERE IN GREENBURG, I LOOKED AT IT AND IT'S, OH, IT'S IN WHITE PLAINS.
SO I WAS, I SAID, WOW, YOU KNOW, WHITE PLAINS ISSUE ALL TAXES,
WELL, YOU KNOW THAT THERE'S A COUPLE OF HOUSE, THERE'S A HOUSE A COUPLE OF HOUSES UP WHERE LIKE, UM, THERE WERE, THERE WERE SOME, UM, UH, THERE WAS A LOT OF ILLEGAL ACTIVITY GOING ON IN THAT HOUSE.
UM, SO IT HAD A BAD REPUTATION OVER THERE TOO.
WELL, THE MORE ROOM YOU HAVE, THE MORE ACTIVITY YOU HAVE.
THIS WASN'T THE BIG HOUSE, BUT I THOUGHT THEY DID A BEAUTIFUL JOB.
I I REALLY THOUGHT IT WAS GONNA BE A TEAR DOWN.
IT'S, IT, THE DESIGN ON THE OUTSIDE IS EXCELLENT.
SO WHERE ARE WE GOING? MY PAUSE IS, I DON'T KNOW HOW YOU EXCUSED THAT YOU HAD THE BUILDING PLAN AND YOU DISREGARDED IT.
I HATE TO SAY IT, BUT IT REALLY HAPPENS ALL THE TIME.
EVEN AT OUR LAST MEETING THAT THE HOUSE WHERE I SAID MY, MY NEIGHBOR, THAT'S THE ONE I RECUSED MYSELF FROM.
IT HAD, THEY HAD A VACANT LOT AND THE BUILDER PUT THE HOUSE IN A DIFFERENT LOCATION FROM WHERE HE WAS SUPPOSED TO PUT THE HOUSE.
DON'T ASK ME WHY HE DID IT, BUT HE MADE A DECISION BASED UPON SOMETHING.
I MEAN, MY, MY WHOLE NEIGHBORHOOD, WE HAVE HOUSES WHERE PIECES OF THE HOMES ARE DRIVEWAYS ARE ON OTHER PEOPLE'S PROPERTY BECAUSE WHEN THEY SURVEYED THE NEIGHBORHOOD, THEY SURVEYED IT WRONG.
IN FACT, IN I THINK NOVEMBER OF LAST YEAR, WE HAD A CASE OF THAT WHERE SOMEBODY'S, UH, BACKYARD, THEIR WHOLE PATIO WAS ACTUALLY UP TO THE PROPERTY LINE AND ON PART OF THE NEIGHBOR'S PROPERTY.
AND IT'S ALL BECAUSE THEY SURVEYED EVERYTHING INCORRECTLY WHEN THEY BUILT IN HERE.
[03:25:01]
I'M VERY PERPLEXED ON THIS ONE AND I WOULD LOVE YOUR GUIDE, EVERYBODY'S OPINIONS AND GUIDANCE, BUT I DO THINK THIS IS A LITTLE DIFFERENT THAN SOME OF THE OTHER CASES WE HEARD, BECAUSE ON SOME OF THEM WHERE THEY WANTED TO BUILD LIKE, UM, THREE STORY HOMES OR WHAT WOULD PERCEIVED AS THAT, THE LOT WAS REALLY SMALL.IT WAS VISIBLE FROM THE NEIGHBORHOOD.
THIS ONE, IT'S NOT REALLY VISIBLE IN THE BACK.
IT'S A LARGE PIECE OF PROPERTY.
IT DOES FIT IN WITH THE NEIGHBORHOOD.
SO, UM, BUT I'M JUST REALLY CONCERNED THAT THEY MADE THE MISTAKE THAT THEY DID.
AND AS WILLIAM SAID, IT'S, YOU KNOW, THEY, THEY FILED PLANS AND THEY DIDN'T FOLLOW THEM.
ISN'T EVEN THE CHURCH UP THE STREET FROM MY OFFICE THERE NEAR THE, UM, VETERINARY PLACE, THAT CHURCH THAT'S THERE.
THEY PUT THE CHURCH IN THE, I MEAN, THEY GOT ALL THAT LAND.
THEY PUT THE CHURCH IN PLACE WHERE THEY HAD TO COME BACK FOR A VARIANCE BECAUSE A CORNER OF THE CHURCH WAS OVER THE LINE.
MY, MY NEXT DOOR NEIGHBOR'S HOUSE IS OVER.
'CAUSE THEY BUILT IT IN THE WRONG PLACE.
OH, WELL, I MEAN, I DON'T, I DON'T, I, I MEAN, I DON'T HAVE A HUGE, I DON'T SEE WHAT OUR O OPTIONS ARE HERE REALLY?
ARE WE GONNA MAKE 'EM TEAR DOWN THE ROOF? YEAH.
UM, YOU KNOW, WE, IT'S IT'S STILL COMPLIES WITH THE HEIGHT.
IT'S, YOU KNOW, UNDER 30 FEET COMPLIES WITH THE F A R.
IT FITS IN WITH THE NEIGHBORHOOD AND IT'S BEHIND.
YOU CAN'T SEE IT FROM THE FRONT.
AND I THINK THAT'S WHY IT WAS DONE THAT WAY ON BACK SIDE OF THE HOUSE.
BUT I THINK THAT'S WHY IT WAS DONE THAT WAY.
NO ONE WAS EVER
SO I, I THINK IT WAS INTENTIONALLY SAID, LOOK, YOU KNOW WHAT, NOBODY'S GONNA LOOK IN THE BACK OF THE HOUSE.
IT WAS SUPPOSED TO, WE'RE GONNA ADD THIS ON.
WE GONNA MOVE THE BATHROOM FROM THE CORNER TO THE, FROM THE RIGHT SIDE OF THE HOUSE TO THE BACK IN THAT NEW PORTION THAT WAS BUILT.
BUT IT'S ONLY TWO FEET HIGHER.
IT'S NOT LIKE IT'S THAT MUCH TALLER.
SO WHAT ARE WE GONNA TELL THEM TO DO? I DON'T KNOW.
THIS IS ONE OF THE ONES THAT PROBABLY SHOULD HAVE WAITED FOR A LARGER BOARD.
I'M, I'M, I'M, I'M, I'M GONNA, I'M GONNA LISTEN TO YOU THREE AND I I I'LL MOVE ACCORDING NO.
NO, I, I ALREADY SAID WHAT I SAID.
I I, BASED ON WHAT THE ARCHITECT STATED WRONG, I, I WROTE EVERY TIME HE SAID WRONG, I SAID, DAMN, I'M TRYING TO GIVE YOU A PASS.
HE KEPT SAYING, LOOK, IT WAS WRONG.
AND HE ASKED ME FIRST, HIS FINAL STATE FIRST.
HAD HE ASKED ME FIRST, I WOULD'VE TOLD HIM IT WAS WRONG.
AND THEN YOU SAID THIS LAST STATEMENT WAS, WE FAILED TO KEEP THE GEOMETRY.
I MEAN, I WROTE IT DOWN EVERY TIME HE WROTE IT.
AND I'M SAYING, HOW, HOW, HOW DO YOU IN GOOD CONSCIOUS NOW GIVE A VARIANCE WHEN YOU'RE TELLING ME, LOOK, IT JUST WAS WRONG.
I MEAN, I I I APPRECIATE THE MAYOR COPA, BUT AT THE SAME TIME, YOU, TO ME, WILLFULLY DISREGARDED YOUR PLANS.
I FEEL THAT IT WAS A WILLFUL DISREGARD OF THE PLANS THAT WERE SUBMITTED.
BUT EVERY TIME, I MEAN, I DON'T THINK THERE ARE MANY PROPERTIES OUT THERE THAT ARE BEING BUILT THAT DON'T HAVE PLANS.
AND THEY DO DISREGARD THE PLANS, WHETHER THEY DO IT INTENTIONALLY OR FOOLISHLY OR HOWEVER YOU WANNA PUT IT.
THEY DISREGARD THE PLANS AND THEY DO SOMETHING THAT IS NOT ACCORDING TO THE PLAN.
I KNOW EVEN WHEN I DID THE ADDITIONS ON MY HOUSE, THE BUILDER WAS LIKE, OH NO, WE, WE DON'T, WE COULD JUST DO THAT.
AND I WAS LIKE, NO, WE MAKE A CHANGE.
'CAUSE I DON'T WANNA HAVE TO DEAL WITH STUFF AFTER THE FACT.
AND SO I, I THINK THAT I, I THINK IT COULD HAPPEN.
I DON'T THINK, I DON'T THINK THE OWNER WILLFUL, I JUST THINK THE BUILDER WENT AND DID IT 'CAUSE THEY THOUGHT THEY COULD DO IT, OR THEY FELT THAT WAS THE CHEAPER NO, THE CHEAPER WAY TO DO IT AND THE FASTER WAY TO DO IT.
THAT'S WHAT THEY YES, EXACTLY.
I DON'T THINK IT REALLY GOT THEM ALL THAT MUCH BY DOING IT.
I MEAN, IF IT'S GONNA BE A THREE FAMILY, WHETHER THEY DID IT THAT WAY OR THE OTHER WAY, IT'S STILL SAME
MY MY CONCERN REALLY WAS IT IS SUCH A HUGE HOUSE AND I REALIZE THIS GUY MAY HAVE KIDS AND ALL, BUT I ALL, AND, AND, AND, AND IT'S, IT'S LIKE, AS, AS WILLIAM SAID, IT'S RIGHT THERE AT
[03:30:01]
WHITE PLAIN SO WE KNOW WHAT'S GOING ON.SO WE KNOW WHAT'S GONNA LIKE LEAK OVER INTO THIS HOUSE.
OH, IT, IT, IT'S ALREADY HERE IN GREENBURG GET YEAH, BUT I'M SAYING, CAN WE PUT ANYTHING AS WE DID WITH THE ONE WE HAD RECENTLY PUT SOMETHING IN THERE THAT SAYS, THIS IS, YOU KNOW, NOT TO BE USED BECAUSE THEY'VE GOT THIS GREAT L-SHAPED BASEMENT NOW WITH STEEL HOLDING IT UP.
SO IT MUST BE HIGH AND FUNCTIONAL.
AND, AND THAT'S THE OTHER PART TO YOUR QUESTION, WHEN YOU ASKED ABOUT THE NUMBER OF BATHROOMS, NORMALLY WE GET THE FULL SUBMISSION OF ALL DIMENSIONS OF THE HOUSE.
YOU ONLY ONES THAT DEAL WITH THE THIRD FLOOR, BUT HAVING THE OTHER FLOORS WOULD'VE GIVEN US FULL DIMENSION USE OF THE ENTIRE PROPERTY TO MAKE A A, A A A DECISION.
BUT I, I, I WILL GO ALONG WITH YOU LADIES.
UM, BUT IT DIDN'T, IT DIDN'T LOOK LIKE THEY COULD PUT KITCHENS OR ANYTHING ANYWHERE.
WHAT DO YOU THINK? IT'S LIKE THEY WOULD USE IT AS A ROOMING HOUSE OR OF OF COURSE NOT TODAY.
AND THERE'S SOME PROPERTIES THAT RIGHT OFF OF BATTLE AVENUE THAT I'VE WITNESSED AND I'VE SEEN CUBBY HOLES THAT HAVE DOORS AND PADLOCKS ON THEM.
AND YOU OPEN IT AND THERE'S, THERE'S MATTRESSES IN THERE AND, YOU KNOW, CHURCH'S FRIED CHICKEN CONTAINERS.
SO I, I'M JUST TELLING YOU, I HAVE A MOMENT OF PAUSE AND CAUTION ON THIS, BUT SO IF WE WERE, IF WE WERE TO MAKE THEM TO GO BACK, THAT'S NOT GONNA CHANGE.
'CAUSE THE HOUSE IS SO BIG, THEY COULD STILL DO ALL THAT.
SO I DON'T KNOW IF THAT'S SOLVING WHAT YOU, WHAT WHERE YOU'RE WORRIED ABOUT ANYWAY.
ANTHONY, DO YOU DO, DO THE HOUSE, IS IT PRESENTLY A A TWO FAMILY? ONE FAMILY? ONE FAMILY? OH, IT'S ONE FAMILY.
SO, UM, THAT, THAT'S ALL IT WILL EVER BE.
UH, THEY WOULD NEED TO USE VARIANCE TO WELL, BUT THEY WOULD DO, THEY WOULD NEED TO USE VARIANCE TO DO OTHERWISE.
SO, YOU KNOW, AND YOU'RE RELYING ON CODE ENFORCEMENT? WE, WE WOULD NEVER KNOW BECAUSE EVERYBODY WHO LIVES AROUND THEM THINKS, OH, IT'S JUST ANOTHER ONE, YOU KNOW, IN WHITE PLAINS.
I KNOW SOME PEOPLE WHO LIVE OVER THERE AND I THINK THEY'D BE THE FIRST PEOPLE TO CALL UP THE TOWN.
YOU KNOW WHAT, WHITE PLANES, THEY DON'T KNOCK IT.
THEY, UH,
ONE LAST QUESTION FROM ME AN ANTHONY, IN TERMS OF THAT THIRD FLOOR, I WAS HAPPY TO HEAR THAT HE DID HAVE THE FIRE SUPPRESSION UP THERE.
I THINK THEY HAVE THE PROPER REGRESS OUT OF IT.
AND AGAIN, THAT'S THE, THAT'S THE TYPE OF THING I'D LIKE TO HEAR IS THAT MM-HMM.
OR EVEN IF OUR FIRE COMMISSION WOULD HAVE SOME ISSUE WITH SAYING, OH, LOOK, THAT'S, YOU KNOW, WE CAN'T GET IN THERE.
SO DO WE WANNA GO BACK AND ASK THOSE QUESTIONS OR, WELL, THERE, THERE IS A FIRE SPRINKLER SYSTEM IN THE HOUSE, AND EGRESS WINDOWS WILL COMPLY BY BUILDING MAIL.
THAT IS ALL ADDRESSED THROUGH THE BUILDING DEPARTMENT.
SO CAN I ASK A DUMB QUESTION? JUST LIKE IF YOU DRIVE 30 MILES AN HOUR AND STAY UNDER THAT, YOU DON'T KILL PEOPLE WHEN YOU HIT THEM.
DOES THIS MEAN THAT IF A HOUSE IS 30,
OH, YOU HAVE, YOU HAVE A SPRINKLER SYSTEM THAT WOULD LEAD YOU OUT OF THE HOUSE THROUGH THE INSIDE.
AND IF THE FIRE DEPARTMENT HAD TO GET INTO THE WINDOWS, THE WINDOWS ARE NOT ABOVE A HEIGHT THAT THEY COULDN'T GET INTO.
OR THAT SOMEONE COULDN'T GET OUT OF.
OH, ARE WE VOTING THEN TO GRANT THIS? I WOULD GRANT IT.
I WANTED TO KNOW, CAN WE PUT SOMETHING IN THAT SAYS THE PROPERTY IS NOT TO BE, EXCEPT I KNOW OUR CODE SAYS THAT IT'S A ONE FAMILY, IT'S NOT SUPPOSED TO HAVE TENANTS AND WHATEVER ELSE, BUT IT JUST LOOKS LIKE SUCH A RIPE OPPORTUNITY.
SO, UM, WELL, TECHNICALLY THE, THE TAX ASSESSOR WAS SUPPOSED TO INSPECT EVERY PROPERTY IN TOWN EVERY YEAR.
[03:35:01]
WE'VE HAD THAT SITUATION WITH OTHER USES IN TOWN THAT, UH, MAYBE THERE WOULD BE SOME WAY FOR THE TWO DEPARTMENTS, THE ASSESSOR AND THE BUILDING DEPARTMENT TO COORDINATE WITH EACH OTHER TO, UH, TO CHECK ON CERTAIN PROPERTIES.BUT LIKE STARDOM,
UH, WINDOWS ADD THAT TO THE LIST FOR THE, UH, CIGAR LOUNGE.
WHETHER OR NOT THAT'D BE OPENED DURING, RIGHT.
BUT, BUT AS FAR AS THE ALREADY HAD, AS FAR AS THE CIGAR LOUNGE, IT WOULD JUST BE CONDITIONED THAT A MECHANICAL ENGINEER WOULD HAVE TO DESIGN THE SYSTEM.
'CAUSE THE MAJORITY OF THE COMMERCIAL BUILDINGS LIKE THAT DID NOT HAVE OPERABLE WINDOWS.
THE MAJORITY OF 'EM, YOU KNOW, IT'S VERY FEW OF 'EM HAVE IT.
SO YOU WOULD JUST CONDITION THAT IF YOU COULD GET PAST EVERYTHING ELSE AS FAR AS THE VENTILATION, YOU WOULD JUST CONDITION IT ON A MECHANICAL ENGINEER HAS TO DESIGN A SYSTEM THAT'S ADEQUATE.
UH, WHICH ONE? THE, UM, STORE CHATTERTON.
ALL IN FAVOR? I'M WAITING FOR WILLIAM BECAUSE I, I I WASN'T, I WASN'T READY FOR IT YET.
OH, I I YOU WANNA ADJOURN IT AND TELL THEM? I DON'T KNOW.
WHAT ARE YOU
I THOUGHT AT ONE POINT, BUT AT THIS POINT WE'RE SAYING THAT IT'S, THAT IT IS NE IS NEGLIGIBLE.
I JUST THINK IT WOULD'VE BEEN MORE FORTHCOMING.
THE POINT OF THE MATTER IS, LOOKING AT THIS PROPERTY, MY BIGGEST CONTENTION WAS THAT I BELIEVE WE KNEW WHAT WE WERE DOING WHEN WE DID WHAT WE DID.
I CAN GET PAST THAT AS LONG AS THE SAFETY MECHANISM.
AND ONE OF THE QUESTIONS THAT I HAD ON MY SHEET HERE WAS ASKING LATER ON, YOU KNOW, WOULD WE HAVE GRANTED C OF O FOR, UM, A DOMICILE LIKE THIS? AND WHAT WOULD BE THE REQUIREMENTS THEREOF FOR AN ATTIC NOW TO BE USED FOR A TWO BEDROOM AND THE DIMENSIONS THAT ARE PLUS A FULL BATHROOM? BUT ANTHONY KIND ALREADY ANSWERED THOSE QUESTIONS.
ONCE, ONCE THE BUILDING, I MEAN, THE ARCHITECT TOLD ME THAT FIRE SUPPRESSION WAS PLACED AND I, IT KIND OF MINIMIZED SOME OF MY CONCERN.
UM, AND OBVIOUSLY IN LIEU OF EVERYTHING THAT JUST HAPPENED IN THE BRONX, YOU, I, GOING FORWARD, I THINK I TOO, PROBABLY A LITTLE BIT MORE CONSCIOUS OF, OF, OF SPACES AND, UH, HOW PEOPLE GET OUTTA BUILDINGS.
SO IS THAT A YES, LYNN
ALRIGHT, WELL IF YOU, I DON'T EVEN KNOW WHAT ELSE TO ASK FOR AT THIS POINT.
WE CAN GET THE REST OF THE PLANS.
I DON'T NEED, I JUST DIDN'T KNOW.
I, I JUST SAID THIS KIND OF SMELLS A LITTLE BIT, BUT OTHER THAN THAT, YEAH.
BUT IF YOU ABLE TO GO ALONG WITH IT, I'LL EVERYBODY ELSE'S, I'LL GO ALONG TOO.
I'M LOOKING FOR WILLIAM, ARE YOU? CAN YOU DO IT? I HAVE TO CARE.
SO
OH, YOU WANNA WRITE THIS ONE? GOOD FOR YOU.
YOU HAD GOOD THINGS FOR THIS ONE.
DIANA, YOU WANNA DO IT? THIS ONE? YEAH.
YOU HAD A LOT OF NICE THINGS TO SAY.
I JUST PUT ALL MY FILES AWAY TOO.
CHRISTIE, DO YOU WANNA DO IT? I WAS GONNA DO THE NEXT ONE.
WILL YOU WANNA WRITE IT UP? WELL, THE NEXT ONE YOU COULD PRETTY MUCH COPY THE LAST ONE WE DID, EXCEPT FOR NUMBER TWO.
I COULD, I THOUGHT WE COULD ACTUALLY JUST USE THE ONE WE HAD FROM BEFORE.
I MEAN, YOU CAN, EXCEPT FOR THE SECOND ONE.
SO WHO'S GONNA DO THIS? CHATTERTON.
HOLD ON, LET ME FIND, LET ME FIND THE, THE DRAFT DECISION THING HERE.
AND I'LL, I'LL DO, UH, CHATTERING, WHICH PAINS ME.
YOU'RE DOING CHATTER ON, HOLD ON.
SAID SHE WOULD DO IT TOO IF IT'S TOO MUCH PAIN.
I WAS GONNA SAY, SO WHOEVER'S GONNA
[03:40:01]
WRITE IT, JUST REMEMBER THAT THERE WAS AN EXISTING, IT WAS EXISTING AT THREE STORIES NON-CONFORMING AND THEY ADDED ON TO THE THIRD STORY.THEY INCREASED THE NON-CONFORMITY.
WANNA GET ON YOUR DECISION? IT'LL HELP MITIGATE IT AGAINST ANOTHER HOUSE THAT MAY COME IN.
WHAT WAS THE LAST PART? AN EXISTING THREE STORY NON-CONFORMING STRUCTURE.
AND THEY INCREASE THE AREA ON THE THIRD FLOOR.
WE WANNA PUT THAT THEY DID INCREASE IT.
THAT'S WHAT I'M TALKING ABOUT IN LENGTH.
ALRIGHT, CHRISTIE ON THIS ONE.
IN LIGHT OF WHAT WERE SOME COMMENTS THAT WERE JUST MADE? I NEED A TWO MINUTE ATTORNEY CLIENT.
SO YOU WANNA GO INTO EXECUTIVE SESSION? YEAH.
FOR THE UM, THE NON-BOARD MEMBERS, I'M GONNA PUT YOU IN THE WAITING ROOM SO YOU CAN GO AHEAD AND START YOUR MOTIONS.
YES, YOU'RE READY, WILLIAM? YES.
UM, SO THE GREENBERG UH, ZONING BOARD MEETING IS BACK IN SESSION.
UM, SO FOR CASE NUMBER, UH, 2126, THE BLOOM ENERGY CORPORATION, UM, THEY REQUESTED AN ADJOURNMENT.
SO, UM, I'M GONNA MAKE A MOTION THAT WE ADJOURN THEIR CASE TO THE MEETING FOR ALL PURPOSES TO THE MEETING OF FEBRUARY 17TH.
UM, JESSICA ANTONELLI AND LEXIE SANO FOR THE PROPERTY LOCATED ON 100 HEATH ROAD.
UH, THIS IS WHERE I NEED THE SEEKER.
YEAH, I'M GONNA RECITE THAT FOR YOU.
WHEREAS THE GREENBERG'S E B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SEEKER COMPLIANCE, WHEREAS THE GREENBERG'S E 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 SEEKER CONSIDERATION.
I MOVE THAT THE APPLICATION IN CASE NUMBER 2133 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE, SAME WITH THE BUILDING DEPARTMENT.
CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED 11 9 21 IN SUPPORT OF THIS APPLICATION.
OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATIONS, UM, DO NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
THE VARIANCES BEING GRANTED ARE FOR PLANS SUBMITTED IN SUPPORT OF THIS APPLICATION.
ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN IN GRANTING THIS APPLICATION.
THE ZONING BOARD EXCUSE SORRY, DID SOMEBODY SECOND THAT SECOND.
IN GRANTING THIS APPLICATION, THE ZONING BOARD HAS WEIGH WAIVED THE BENEFIT TO BE DERIVED BY THE APPLICANT FROM THE PROPOSED VARIANCE AGAINST THE IMPACT 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 NEIGHBORHOOD OR DISTRICT PROVIDED THE CONDITIONS ARE FULLY COMPLIED WITH.
BECAUSE THE VARIANCE HAS NOT SUBSTANTIAL, THERE HAS BEEN NO CHANGE
[03:45:01]
TO THE IMPERVIOUS COVERAGE OF THE EXTENT OF THE BUILDING FOOTPRINT IS UNCHANGED AND THE ADDITION IS NOT VISIBLE FROM THE STREET.THE GOAL OF THE APPLICANT CANNOT BE ACHIEVED BY SOME OTHER FEASIBLE MEANS WITHOUT REQUIRING THE VARIANCE WE ARE GRANTING.
NOW BECAUSE THE REQUEST IS WITHIN THE CURRENT FOOTPRINT OF THE EXISTING STRUCTURE, THE REQUESTED VARIANCE IS NOT SUBSTANTIAL IN RELATION TO THE REQUIREMENTS SOUGHT TO BE VARIED AND THAT THE REQUESTED RELIEF ONE SIDE AT 4.3 EXISTING 8.4 FEET PROPOSED COMPARED WITH 12 FEET REQUIRED A 28% DECREASE THE TOTAL OF TWO SIDES, 14 FEET EXISTING 18.5 FEET, UH, PROPOSED AND 26 FEET REQUIRED, WHICH IS A 28% DECREASE.
THE APPLICANT'S NEED FOR THE VARIANCE WAS SELF-CREATED.
THE HOME WAS PURCHASED WITH KNOWLEDGE OF THE ZONING ORDINANCE AND SETBACKS REQUIRED.
BUT THE FACT THAT THE APPLICANT'S NEED FOR A VARIANCE IS SELF-CREATED DOES NOT BY ITSELF REQUIRE US TO DENY THE VARIANCE.
UM, THE NEXT ITEM, UH, MATTER ON TONIGHT'S AGENDA CASE 2134.
MARSHA ZAPIER HAS BEEN ADJOURNED FOR ALL PURPOSES TO THE MEETING OF FEBRUARY 17TH, 2022.
UM, THE NEXT CASE, UH, CASE NUMBER 2135 FLEETWOOD LIFE ESTATE, ALLISON BARRY, HAS BEEN ADJOURNED FOR ALL PURPOSES TO THE MEETING OF FEBRUARY 17TH, 2022.
UH, THE NEXT CASE NUMBER 2136 DE REALTY, INC.
HAS ALSO BEEN ADJOURNED FOR ALL PURPOSES TO THE MEETING OF FEBRUARY 17TH, 2022.
UH, AND THEN ON CASE, UH, CASE 2137 LOUIS, UH, JOSE LOUIS OMAN, AGUIAR, UM, DO WE HAVE A SEEKER? YES.
WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE RE REFERENCED APPLICATION WITH REGARD TO SEEKER COMPLIANCE AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THAT 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 SEEKER CONSIDERATION.
UH, MADAM CHAIR, I MAKE A MOTION THAT, UH, I MOVE THAT THE APPLICATION IN CASE NUMBER 21 DASH 37 BE GRANTED.
PROVIDED THAT ONE, THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILE THE SAME WITH THE BUILDING DEPARTMENT.
CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER.
IN CONFORMITY WITH THE PLANS DATED DECEMBER 14TH, 2021 SUBMITTED IN SUPPORT OF THIS APPLICATION OR SUCH PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
THAT THE VARIANCE IS BEING GRANTED ARE FOR THE, FOR THE IMPROVEMENT SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION ONLY.
ANY FURTHER ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE, THE CONSTRUCTION CONFORMS TO THE HEIGHT, TO THE HEIGHT SETBACK AND OR OTHER VARIANCES.
WE ARE, WE HAVE APPROVED HEREIN.
AYE UM, FINDINGS, HOLD ON ONE SECOND.
FINDINGS AND GRANTING THIS APPLICATION, THE ZONING BOARD HAS WEIGHED THE BENEFIT TO BE DERIVED BY THE APPLICANT FROM THE PROPOSED VARIANCE AGAINST THE A, THE IMPACT THAT THE VARIANCE WOULD HAVE ON SURROUND 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 CONDITION IN THE NEIGHBORHOOD OR DISTRICT PROVIDED THAT THE FOLLOWING CONDITIONS, OH, SHOOT, HOLD ON.
THE VARIANCE THAT WE ARE APPROVING WILL NOT, UM, CREATE AN UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD NOR THE DETER, UH, DETRIMENT TO ANY OF THE NEARBY PROPERTIES.
READINESS VARIANCE WILL NOT RESULT IN A DETRIMENT TO THE NEARBY PROPERTIES AND WILL NOT ADVERSELY IMPACT THE CHARACTER OR PHYSICAL ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT.
UM, NOTED THAT THIS IS FOR A PREVIOUSLY NON-CONFORMING THREE STORY STRUCTURE.
[03:50:01]
THE VARIANCE ONLY SLIGHTLY INCREASES THE THIRD FLOOR FLOOR INTERNAL AREA BY 367 SQUARE FEET AS COMPARED TO THE EXISTING 438 SQUARE FEET.THE STRUCTURE HAS ALSO BEEN BROUGHT UP TO, TO, TO SAFETY CODE WITH THE LATEST COMPLIANCE FOR FIRE DUE TO THE INCLUSION OF A FIRE SUPPRESSION SYSTEM AND MEASURES COUPLED FOR EGRESS FROM WINDOWS.
THE HOUSE ALSO MAINTAINS THE APPROPRIATE HEIGHT OF 30 FEET, UM, COMMENSURATE WITH THIS DISTRICT.
UM, THE GOAL OF THE APPLICANT CANNOT BE ACHIEVED BY SOME OTHER FEASIBLE MEANS WITHOUT REQUIRING A VARIANCE THAT WE ARE GRANTING NOW.
UH, I WOULD JUST, THE APPLICANT'S NEED FOR THE AREA VARIANCE WAS SELF-CREATED, UM, BECAUSE HE, SHE, IT LET ME, ONE PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE REQUIREMENTS OF THE ZONING ORDINANCE.
HOWEVER, THAT FACT IN AND OF ITSELF IN APPLICANT'S NEED FOR AN AREA OF VARIANCE IS RE DOES NOT BY ITSELF REQUIRE US TO DENY AN AREA OF VARIANCE.
UM, AND FINALLY, UH, CASE NUMBER 2138.
THE DJA TEMPLE OF WESTCHESTER IS ADJOURNED FOR ALL PURPOSES TO THE MEETING OF FEBRUARY 17TH, 2022.
AND THAT CONCLUDES THIS EVENING'S MEETING.