[00:00:02]
[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS ONLINE VIA ZOOM FINAL AGENDA THURSDAY, February 17, 2022 – 7:00 P.M. Due to the COVID-19 pandemic, there will be no public gathering in Town Hall for this meeting. If you would like to watch the meeting, you may do so via the Town's website or via cable television. If you would like to participate in one or more of the public hearings, you must pre-register through the Department of Community Development and Conservation by emailing publichearing@greenburghny.com or calling 914-989-1538, specifying the applications that you would like to speak on. Instructions to participate will then be emailed to you or you will receive a return phone call. ]
NOT? WE'RE ALL SET.WHO DO WE HAVE PRESENT NOW? DO WE HAVE JUST THE FOUR MEMBERS, OR WE HAVE ALL FIVE OF US.
THE MEETING OF THE ZONING BOARD APPEALS FOR THE TOWN OF GREENBURG WILL NOW COME TO ORDER.
WE HAVE EIGHT CASES THAT WERE SCHEDULED ON TONIGHT'S AGENDA, HOWEVER, CASE 2111 LAUREL STREET PROPERTY AND 2126 BLOOM ENERGY HAVE BOTH REQUESTED ADJOURNMENTS CASE 2135 FLEETWOOD ESTATE AS REQUESTED, AN ADJOURNMENT AS AS OF RIGHT.
PLEASE NOTE THAT THE ZONING BOARD WILL HAVE OUR NEXT REGULAR MEETING ON THURSDAY, MARCH 24TH, PERHAPS AT THE SAME TIME IN THE SAME METHOD, UM, POSSIBLY IN LIGHT OF THE CONTINUING COVID PANDEMIC.
AS USUAL, IF WE CANNOT COMPLETE HEARING ANY CASE TONIGHT, IT WILL BE ADJOURNED TO ANOTHER MEETING TO HOPEFULLY BE COMPLETED AT THAT TIME.
ALSO, AS IS USUAL, TO SAVE TIME, WE WILL WAIVE A READING OF THE PROPERTY LOCATION AND THE RELIEF SOUGHT FOR EACH CASE.
HOWEVER, THE REPORTER WILL INSERT THIS INFORMATION IN THE RECORD.
THIS INFORMATION ALSO APPEARS IN THE AGENDA FOR TONIGHT'S MEETING.
AFTER THE PUBLIC HEARING TONIGHT'S CASE, THE BOARD WILL MEET IN A ZOOM ROOM TO DISCUSS THE CASES WE HAVE HEARD TODAY.
AT THAT TIME, EVERYONE IS WELCOME TO LISTEN TO OUR DELIBERATIONS, BUT THE PUBLIC WILL NOT BE PERMITTED TO SPEAK OR PARTICIPATE IN ANY WAY DURING OUR DELIBERATIONS.
AFTER OUR DELIBERATIONS, WE GO BACK ON THE FORMAL RECORD TO ANNOUNCE THE BOARD'S DECISIONS, IF ANY, AND FOR THAT INFORMATION TO BE PROVIDED TO THE COMMUNITY.
IF YOU'RE GOING TO SPEAK, PLEASE CLEARLY STATE YOUR NAME AND IF, UH, AND YOUR ADDRESS AND OR YOUR PROFESSIONAL AFFILIATION IF YOU'RE NOT THE NAMED APPLICANT.
ALSO, PLEASE SPELL YOUR NAME FOR THE RECORD.
WE HAVE HEARD TESTIMONY ON SOME OF THE CASES AT PRIOR MEETINGS.
ALL PRIOR TESTIMONY IS ALREADY IN THE RECORD AND SHOULD NOT BE REPEATED.
THE FIRST CASE ON TONIGHT'S AGENDA IS CASE 11, 12 21.
2111, UM, WHERE AN A UR AN ADJOURNMENT HAS BEEN REQUESTED.
THIS IS PROPERTY LOCATED AT LAUREL STREET IN HARTSDALE.
UH, DO I HAVE A MOTION ON, ON THAT REQUEST BY APPLICANT
IT, IT'S NOT AS OF RIGHT, WILLIAM.
THAT'S WHY YOU'RE VOTING ON IT.
WHAT, WHAT I WAS GOING TO SAY BEF OKAY.
I WAS GOING TO SAY, IS THERE ANYONE THAT IS PRESENT TONIGHT THAT WANTED TO COMMENT ON THIS CASE AT ALL? I CAN'T SEE THE BOARD MEMBER, SO I CAN'T TELL WHO'S SPEAKING.
YOU CAN'T SEE? UH, NOW I CAN THANK YOU.
UM, YOU RUN INTO ADDITIONAL PROBLEMS, JUST LET US KNOW.
YOU CAN SEE, YOU CAN SEE ME NOW, PERHAPS? YES.
'CAUSE I CAN ONLY SEE PART OF ME, SO THAT'S WHY I'M SAYING THAT
I WAS ASKING, WAS THERE ANYONE WHO DID HAVE ANY COMMENTS THAT THEY HAD WANTED TO MAKE THIS EVENING OR NOT HEARING NOTHING THEN? UM, YES.
UH, I BELIEVE, UH, MS. N YOU HAD, UH, SECOND THE MOTION.
IN THE NEXT CASE ON OUR AGENDA FOR THIS EVENING, 2126 BLOOM ENERGY CORPORATION PROPERTY AT 1 51 SOUTH FULTON STREET.
AGAIN, THIS IS A REQUEST FOR AN ADJOURNMENT BY THE APPLICANT TO PUT THIS MATTER ON FOR THE MARCH 24TH AGENDA, AND THEREFORE, WE WOULD NEED A VOTE SINCE THIS IS NOT A AS OF RIGHT.
DO I HAVE A MOTION? DO I HAVE A MOTION FAVOR OR AGAINST
[00:05:02]
SECOND.AND THE NEXT CASE ON TONIGHT'S AGENDA IS CASE MARSHA ZINI, PROPERTY LOCATED AT 86 WINDHAM STREET.
AND WHO IS HERE ON THAT CASE? YES, I'M HERE.
DO YOU WISH TO SPEAK MA'AM? SO, MADAM CHAIR, UM, AND I'M SORRY TO INTERRUPT MA'AM.
UH, THE, THE DESIGN PROFESSIONAL HAS INDICATED THAT SHE HAS A STATEMENT THAT SHE HAS STAFF, STAFF TO READ BASED ON I THINK, UH, LARYNGITIS TYPE ISSUE.
UH, SO I WILL DO THAT WHEN READY.
BUT MS. SEPI, UH, IF YOU, I DIDN'T MEAN TO CUT IN, BUT IF YOU WANNA CONTINUE, IF THERE'S ANYTHING YOU WANNA SAY TO BEGIN, PLEASE DO.
I, WHATEVER THE BOARD DECIDES, OF COURSE, WE GOING TO COMPLY AS SOON AS POSSIBLE, AND MS. BRODER HAS A PROPOSAL AND ALSO, UH, AT THE LAST, UH, ZONING MEETING, I KNOW IT DOESN'T HAVE ANYTHING TO DO WITH THE, UH, THE VIOLATION, BUT, UH, MS. UH, ARIAN, UM, SAID THAT I AM A BULLY.
AND SINCE SHE MOVED HERE ABOUT 29 YEARS AGO, WE TOOK OUR KIDS TO THE ZOO TOGETHER.
I I DON'T THINK THAT THIS IS AN APPROPRIATE TIME TO GET INTO PERSONALITIES.
UM, YOU CAN CERTAINLY VOICE YOUR OPINION AS TO WHAT YOU OBJECT TO THAT WAS HEARD BY THE, UH, BY THE NEIGHBOR.
DO YOU WISH TO DO THAT? YES, I WOULD.
I WOULD APPRECIATE THE OPPORTUNITY.
UH, EVERY SUMMER THEY GO VISIT THE FAMILY'S IN CANADA.
THEY ALWAYS ASK ME TO JUST TO SHOW HOW, WHAT A KIND OF BULLY I AM THAT SHE CALLED ME, MA'AM, I'M, SHE ASKED ME TO WATER, MA'AM, I'M SORRY.
I'M GONNA INTERRUPT YOU AGAIN.
WHAT I'M ASKING YOU IS IF YOU COULD ADDRESS YOUR REMARKS TO THE OPPOSITION, TO YOUR REQUEST FOR THE VARIANCE, NOT TO PERSONAL ISSUES BETWEEN THE TWO OF YOU, IF POSSIBLE.
NO, JUST, I WAS JUST TRYING TO DEFEND MYSELF FROM WHAT I WAS CALLED THE LAST TIME.
BUT IT'S OKAY IF I, IF I CAN, THEN IT'S FINE.
SO MADAM CHAIR, AT THIS POINT, DID YOU WANNA HEAR FROM, UM, THE DESIGN PROFESSIONAL WHO'S INTENDING TO MAKE A PRESENTATION? YES.
I WAS GONNA SAY ONE OTHER THING TO MISS, UH, ZIPPER.
IS THERE ANYTHING THAT YOU WISH TO SAY SPECIFICALLY WITH RESPECT TO WHAT THE NEIGHBOR HAD TO SAY ABOUT THE VARIANCE YOU'RE REQUESTING OR NOT? NO.
ALL RIGHT, THEN WE'LL LISTEN TO WHAT MS. BRO'S, UH, STATEMENT IS.
FOR THE RECORD, THIS IS GARRETT DUQUE, COMMISSIONER OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND CONSERVATION, AND I WILL NOW BE READING A STATEMENT FROM THE APPLICANT'S DESIGN PROFESSIONAL, CHRIS BRODA, WHO WILL BE SHARING PLANS AS I READ HER REQUEST.
TO THE BOARD AND THE ATTENDEES.
MY NAME IS CHRIS BRODA AND I'M THE ARCHITECT FOR THIS PROJECT.
WITH ME TONIGHT IS MY CLIENT, MARSHA ZAPIER.
I APOLOGIZE, BUT I HAVE A BAD COLD AND HAVE MOSTLY LOST MY VOICE.
THANKFULLY, NOT CO, THANKFULLY NOT COVID.
AS PER MY TEST TODAY, I WISH TO HAVE MY OPENING STATEMENT READ, BUT WILL ANSWER QUESTIONS AS ASKED IF I MAY SHARE MY SCREEN.
WE HAVE SUBMITTED A REVISION TO THE ORIGINAL APPLICATION BASED ON THE BOARD'S COMMENTS.
THE EXISTING SITE IS ON THE LEFT OF MY SCREEN, AND THE PROPOSED CHANGES ARE TO THE RIGHT.
WE ARE PROPOSING TO SHORTEN THE DRIVEWAY IN LENGTH SO THAT THE FRONT OF THE CARPORT LINES UP WITH THE REAR WALL OF THE HOUSE ANY CLOSER TO THE HOUSE, AND THE CARPORT WILL INTERFERE WITH THE HOUSE ITSELF.
IF WE WERE TO LOCATE THE CARPORT ANY FURTHER AWAY FROM THE PROPERTY LINE ON THE RIGHT, WE WOULD NEED TO BE IN THE BACKYARD PAST THE DECK, AND THEREFORE NEED TO HAVE MORE IMPERVIOUS SERVICES TO ALLOW THE DRIVEWAY TO REACH THE CARPORT.
THIS PLAN WILL ALLOW THE CARPORT TO MOVE FORWARD AND REDUCE THE AMOUNT OF COVERAGE BY NEARLY 800 SQUARE FEET FOR MORE THAN 15% OF THE CURRENT COVERAGE.
[00:10:01]
COVERAGE OF 28.65%, WELL BELOW THE ALLOWED 37.25%.WE ARE PROPOSING TO INCREASE THE DISTANCE FROM THE DRIVEWAY TO THE ADJACENT PROPERTY LINE FROM THREE FEET TO, I'M GONNA REREAD THAT WE ARE PROPOSING TO INCREASE THE DISTANCE FROM THE DRIVEWAY TO THE ADJACENT PROPERTY LINE TO THREE FEET FROM ZERO FEET.
THIS WILL ALLOW FOR A PLANTING AREA AND GRASS THAT CAN SERVE FOR PLACING ANY SNOW THAT IS REMOVED FROM THE DRIVEWAY.
MY CLIENTS WOULD ALSO LIKE TO ERECT A FENCE ON THE PROPERTY LINE, WHICH WOULD FURTHER PREVENT THE PLACEMENT OF SNOW ON THE NEIGHBORING PROPERTY.
THE 12 FOOT WIDE DRIVEWAY ADJACENT TO THE HOUSE IS NECESSARY TO ALLOW FOR THE PARKING OF A, OF A CAR, AND THE DOORS BEING OPEN ON EACH SIDE.
IT IS COMMON PRACTICE TO MAKE DRIVEWAYS 12 FEET WIDE FOR THIS PURPOSE.
IN ADDITION TO REDUCING THE LENGTH OF THE DRIVEWAY, WE WILL SLOPE THE DRIVE SO THAT THE RUNOFF IS EITHER TO THE BACK OF THE HOUSE OR THE FRONT YARD.
THE NATURAL BRAKE LINE IS AT THE FRONT WALL OF THE GARAGE.
THERE WILL ALSO BE A CURB, AND THE PLANTING AREA WILL BE RAISED SO NO WATER WILL FLOW ONTO THE NEIGHBORING PROPERTY.
THE PROPOSED RUNOFF WILL BE CONTAINED WITH DRY WELLS OR OTHER APPROVED METHODS, SUCH AS CURTAIN DRAINS TO PLANTING BEDS, WHICH WILL BE PLACED IN THE FRONT LAWN AND IN THE REAR AWAY FROM THE NEIGHBORING PROPERTY.
WE WILL ALSO CUT BACK THE DRIVEWAY IN THE TOWN RIGHT OF WAY TO THE ORIGINAL SHAPE, AS SHOWN ON THE APPROVED DRAWINGS WHEN THE HOUSE WAS BUILT.
I WOULD BE PLEASED TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE.
QUESTIONS FROM THE BOARD? ANY COMMENTS FROM ANYONE IN THE AUDIENCE?
UM, I, I'D LIKE TO SPEAK, UM, AS A NEIGHBOR, I JUST WANNA MAKE SURE THAT, SIR, IF YOU CAN PLEASE IDENTIFY YOURSELF AND WE'D BE HAPPY TO HEAR FROM YOU.
I'M THE NEIGHBOR, UH, ON 88 WYNDHAM STREET, UH, ON THE NEXT ADJACENT TO THE PROPERTY LINE.
SO I SAW IN THE NEW PROPOSAL, UH, THE SETBACK WILL NOW BE THREE FEET.
I'M JUST CONCERNED IF THAT IS ENOUGH FOR THE PREVENTION OF FLOODING IN MY YARD STILL.
AND I UNDERSTAND, AND I SAW WHAT, UH, MS. BROS SUBMITTED THAT SHE TALKED ABOUT FLOOD MITIGATION TO THE FRONT AND THE REAR, BUT DIDN'T ADDRESS THE SLOPE OF THE NEIGHBOR'S PROPERTY.
DID DRIVEWAY SLOPED INTO MY YARD.
SO WOULD THERE BE A CORRECTION? IF YOU CAN SEE IT? IT'S VERY CLEARLY SEEN THAT IT'S SLOPED INTO MY YARD.
SO THE RUNOFF, AND IS THE, IS THAT GONNA BE CORRECTED IN TERMS OF THE SLOPE? AND WHO IS WHO ON THE, UH, COMMITTEE WILL BE OVERLOOKING TO SEE THAT THIS IS IMPLEMENTED? ACCORDING TO THE PLANS, SIR, I BELIEVE THAT THE, UM, THAT THE, THAT THERE'S A BUFFER ON A, THAT IS GOING TO BE A CURVE WITH PLANTINGS TO PREVENT RUNOFF ONTO YOUR PROPERTY.
THAT'S HOW IT'S BEEN DESCRIBED.
THE BUFFER IS GONNA BE THE THREE FEET, FROM WHAT I UNDERSTAND, ACCORDING TO THE DRAWINGS, CORRECT.
IF, IF I MAY SPEAK, UM, GOOD EVENING, EVERYONE.
UH, IF YOU COULD SEE THE PHOTO THAT I'VE PLACED ON MY SCREEN, UH, THE SLOPE ACTUALLY DOES NOT SLOPE TOWARDS THE PROPERTY.
IF YOU TAKE A LOOK AT THE CURVE HERE OF THE DRIVEWAY, IT CLEARLY SHOWS THAT IT ACTUALLY SLOPES UP TOWARDS THE PROPERTY LINE.
AND THERE'S CUDDLING HERE IN THE MIDDLE.
SO WE CURRENTLY ACTUALLY DON'T REALLY SLOPE TOWARDS THE PROPERTY LINE, BUT A CURB WILL BE BUILT HERE.
THE APPROXIMATELY AROUND HERE IS WHERE THE, UM, BUFFER WILL BE, AND THAT CURB WILL BE RAISED SO THAT IT'S AT LEAST SIX INCHES ABOVE THE, UM, DRIVEWAY.
SO THIS WILL NOT BE SLOPING TOWARDS THE PROPERTY LINE AND WILL BE, UH, WILL BE STOPPED BY THE, UH, CURB ANYWAY.
IN THE, IN THE SLOPE IS FROM THE FRONT TO THE BACK AND THE FRONT TO THE FRONT OF THE PROPERTY LINE.
SO THIS, THIS CLEARLY SHOWS THAT IT ACTUALLY KIND OF
[00:15:01]
CUPS TOWARDS THE MIDDLE.UM, BUT EVERY INTENTION IS TO, TO BE THAT WE WILL NOT BE SLOPING ANY OF THE DRIVEWAY CORRECTIONS TOWARDS THE NEIGHBORING PROPERTY, THAT IT WILL ALL BE DONE SO THAT WE PREVENT THAT WATER FROM RUNNING OFF AND WITH A RAISED, UM, AREA, A RAISED CURB, IT WON'T BE GOING ONTO THE NEIGHBORING PROPERTY.
AND CHRIS, IF YOU COULD KINDLY STOP SHARING YOUR SCREEN AND JUST BRING IT UP AS, AS YOU NEED IT.
FOR REFERENCE, I JUST WANNA ENSURE THAT THE STENOGRAPHER IS ABLE TO TRACK EVERYONE AND, UM, WHETHER YOU ARE, UH, A MEMBER OF THE PUBLIC OR A BOARD MEMBER, IF YOU COULD JUST KINDLY STATE YOUR NAME BEFORE YOU SPEAK, UH, TO THE STENOGRAPHER.
UM, SIR, DID THAT, UM, RESPONSE ADDRESS YOUR CONCERN? NO, I, I, I JUST WANT TO INTERJECT A LITTLE BIT.
MS. BRODA KEEPS SAYING THE, THE DRIVEWAY IS NOT SLOPED.
SHE SAID, SHE SAID THAT IT'S NOT SLOPED TOWARDS YOUR PROPERTY.
IT IS SLOPED TOWARDS MY PROPERTY.
IT'S, ANYONE COMES OUT HERE, CAN HAVE A LOOK AT IT.
IT'S COMPLETELY SLOPED TOWARDS MY PROPERTY.
THERE'S NO, THERE'S NO ACTUAL TRUTH IN WHAT SHE'S SAYING.
I MEAN, IT DOESN'T TAKE AN EXPERT TO LOOK AT IT AND SEE IT'S SLOPED INTO MY YARD.
THAT'S ONE OF THE REASON, EVEN WITH THE SNOW MELTING, IT'S COMING INTO MY YARD.
SHE'S SHOWING A PICTURE WHERE THE GUTTER IS LEADING TO THE BACK OF THE YARD, WHERE IT'S, IT'S DRAINING SOME OF THE WATER FROM HER ROOF TO THE BACK.
BUT SHE'S NOT SHOWING YOU A PICTURE WHEN IT'S DRAINING INTO MY YARD AND PUDDLING ON THE, ON THE SIDE, IT'S CLEARLY SLOPED INTO MY YARD.
YOU CAN SEE IT CLEARLY SLOPED INTO MY YARD.
I DON'T WANT MY YARD TO BE FLOODED.
WHATEVER THEY WANT TO DO TO MITIGATE THE FLOODING, I'LL BE HAPPY WITH IF MY YARD IS NOT FLOODED.
WE NEVER HAD FLOODING PRIOR TO THIS DRIVEWAY BEING BUILT.
SO IF YOU CAN FIGURE OUT A WAY TO STOP THE FLOODING, WHEN I DID MY EXTENSION, I HAD A DRY WELL PUT INTO MY YARD SO IT CAN DRAIN THE WATER.
THEY DON'T HAVE A DRYWALL THERE, SO I'M NOT SURE WHAT MITIGATING EFFORT THEY'LL DO TO STOP THE FLOODING OR LEADING IT TO THE BACK OF THE YARD, WHICH IS STILL SLOW.
I JUST WANT TO ENSURE THAT IF THERE'S A PLAN, IT'S GONNA BE IMPLEMENTED WITH INTEGRITY SO THAT MY YARD DOESN'T GET FLOODED.
WELL, IT, IT DOES SAY, AND THIS IS A LETTER THAT WE WERE PROVIDED WITH, UH, FROM THE ARCHITECT THAT INDICATES THAT THEY WILL DEVISE A STORMWATER MANAGEMENT PLAN TO TAKE THE RUNOFF FROM THE ADDITIONAL IMPERVIOUS SUR IMPERVIOUS SURFACES.
I'M JUST SAYING WHO ENSURES THAT THAT WILL HAPPEN.
WELL, WELL, IF THAT'S PART, IF THAT'S FOR INSTANCE, IF WE WERE TO PERMIT THIS TO OCCUR, THE VARIANCE, THAT COULD BE A CONDITION THAT WOULD, COULD BE PLACED IN THERE, AND THAT WOULD BE ENFORCEABLE WITH THE TOWN.
THE DEFENSE WILL NOT BE YOUR PROPERTY.
ANYTHING ELSE? I HEAR SOMEONE WELL, AND MAKE SURE THE DEFENSE IS NOT IN MY PROPERTY, THAT THEY'RE GONNA PUT
AND I'M NOT SAYING THAT BECAUSE I THINK IT'S A JOKE.
THEY DID THAT BEFORE THEY, THE DRIVEWAY WAS LIKE ALMOST TWO FEET INTO MY PROPERTY WHEN THEY DID IT.
WELL, THEY'RE PLANNING ON MOVING THINGS BACK AS YOU SEE, TO MAKE IT LESS, YOU UNDERSTAND? CORRECT.
I JUST WANNA MAKE SURE THE FENCE THEY PUT UP THERE, IT IS NOT IN MY PROPERTY.
AND I THINK WE'VE ALL HEARD THAT.
HEARING NOTHING FURTHER, WE WILL TAKE THIS UNDER ADVISEMENT IN OUR DELIBERATIONS.
AND THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 2135 FLEETWOOD LIFE ESTATE PROPERTY AT 33 DURHAM ROAD.
AND IN THIS CASE, THE APPLICANT IS REQUESTING, HAS REQUESTED AN ADJOURNMENT TO MARCH 24TH.
THIS IS AN AS OF RIGHT ADJOURNMENT.
SO WE DO NOT NEED TO TAKE A STATEMENT ON THIS FROM THE BO FROM THE BOARD.
HOWEVER, I WOULD LIKE TO ASK, IS THERE ANYONE HERE WHO HAD PLANNED TO MAKE ANY STATEMENTS WITH REGARD TO THIS APPLICATION? ALL RIGHT.
THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 2136, DIMONT REALTY PROPERTY AT 180 180 3 SOUTH CENTRAL AVENUE.
AND WHO DO WE HAVE TO ADDRESS THIS CASE? GOOD EVENING.
UH, MAD CHAIRMAN, UH, JAMES MONTEON FOR, UH, THE APPLICANT.
UM, AFTER LAST MEETING, I RECEIVED A REQUEST, UM, FOR
[00:20:01]
RESPONSES, THREE SEPARATE RESPONSES, UH, I'M SORRY, THREE SEPARATE QUESTIONS.UM, AND I SUBMITTED A RESPONSE ON FEBRUARY 7TH WITH MY, UM, WITH THOSE RESPONSES TO THE BOARD'S, UH, QUESTIONS.
SO IF ANYBODY HAS, I JUST WANNA, UM, BEFORE, BEFORE, UM, I CAN ANSWER QUESTIONS.
I JUST WANNA NOTE THAT, UM, I WAS PROVIDED WITH A, UM, A ZONING BOARD DECISION FROM 1993, WHICH INDICATED THERE WAS FOUR ADDITIONAL PARKING SPOTS, UM, ON THE PROPERTY THAT WE'RE NOT ACCOUNTED FOR IN OUR ORIGINAL SUBMISSION.
SO I JUST WANTED TO, UH, ADVISE THE BOARD OF THAT, THAT THERE WAS, UH, 37 SPOTS IN THE REAR AND FOUR SPOTS IN THE FRONT OF THE BUILDING THAT INDICATED.
UM, SO WITH THAT, IF ANYBODY HAS QUESTIONS ON MY RESPONSE TO YOUR QUESTIONS, I'D BE GLAD TO TAKE THEM.
ANY QUESTIONS? FURTHER QUESTIONS FROM THE BOARD? I DON'T, I CAN'T, I CAN'T FIND THAT RESPONSE.
THAT'S WHY I WAS ASKING WOULD THE BOARD, LIKE THE GENTLEMAN TO GIVE A BRIEF OVERVIEW OF THE, THE SUBMISSION THAT MIGHT BE HELPFUL.
UM, ONE OF THE QUESTIONS THAT THE BOARD, THE FIRST QUESTION THE BOARD ASKS, UH, EXPLAIN A BREAKDOWN OF THE PARKING USE AND CONSIDER ARRANGEMENT FOR ADDITIONAL PARKING NEARBY.
UM, I HAD, IN RESPONSE TO THAT QUESTION, I HAD SPOKEN WITH, UM, THE OWNER OF THE FURNITURE STORE AND THE GOLF STORE.
UM, AND THE GOLF STORE INDICATED THAT AT MOST HIS CLIENTS WILL USE TWO PARKING SPOTS.
HOWEVER, THERE HAVE BEEN TIMES SINCE HE'S BEEN OPEN THAT THEY'VE USED MORE SPOTS DEPENDING ON APPOINTMENT.
UM, HE NOTED THAT HE'S OPEN BY APPOINTMENT, SO IT'S, UH, THERE'S NO SET TIMES, BUT HE'S NOT THERE BASICALLY AFTER SIX O'CLOCK, VERY, VERY, VERY RARELY AFTER SIX.
UH, I SPOKE TO THE GENTLEMAN IN THE FURNITURE STORE WHO WAS PART OF THE BOARD MEETING LAST TIME.
UM, HE INDICATED THAT THE MAXIMUM NUMBER OF PARKING SPACES HIS CUSTOMERS HAVE USED DURING PEAK HOURS IS FOUR TO FIVE.
UH, HE NOTED THAT HE, MONDAY THROUGH SATURDAY, HE OPENS AT 11, CLOSES AT SIX SUNDAY, NOON TO FIVE.
WITH THAT, UM, I THINK THE OFF THE PARKING THERE, LIKE I SAID, THE PARKING THERE, 37 SPOTS IN THE FRONT, IN THE BACK, AND FOUR IN THE, IN THE FRONT WILL BE SUFFICIENT BECAUSE MY CLIENT'S, THE PO, THE PROPOSED TIMES FOR THE VAR LOUNGE, UM, THE PEAK TIMES DURING THE WEEK WOULD BE AFTER SIX.
AND ON THE WEEKEND, UH, FRIDAY AND SATURDAY, HE INDICATED IT WOULD BE AFTER FIVE.
SO MOST OF THE TIME THEY'RE NOT GOING TO COINCIDE THE PEAK HOURS.
AND THAT SHOULD NOT CAUSE A, UM, ISSUE WITH THE PARKING AND OVERFLOW, THE PARKING.
IT WILL CAUSE ANY PROBLEM WITH IT IF ANYBODY HAS ANY QUESTIONS.
UH, BUT THERE HAS BEEN SOME DISCUSSION I THOUGHT REGARDING PERHAPS, UM, THERE BEING CERTAIN EVENTS THAT MIGHT TAKE PLACE AND THAT MIGHT INCREASE THE PARKING.
CERTAINLY PERHAPS ON THE WEEKENDS AT THE SAME TIME FURNITURE STORE IS OPERATING.
BUT EVEN, EVEN AT THE TIME, EVEN AT THE TIME THE FURNITURE STORE OPERATES, UH, THE GENTLEMAN, UH, INDICATED THAT MOST SPOTS HE WOULD USE IS FOUR TO FIVE SPOTS.
AT ANY TIME, THAT WOULD BE THE MOST HE WOULD USE.
SO STILL, IF YOU USE FIVE SPOTS, THERE'S STILL IN THE BACK, THERE'S STILL, UM, 32 SPOTS IN THE BACK THAT WOULD BE, THAT WOULD BE AVAILABLE.
AND AGAIN, I DON'T THINK THAT WOULD CAUSE, UH, A PROBLEM WITH REGARD TO THE PARKING BOARD MEMBERS.
THE, UM, HIS SUBMISSION WAS ACTUALLY WRITTEN, I THINK ERRONEOUSLY AS 21 DASH 26 AND OUR SUPPLEMENTAL PACKAGE, UM, THAT CAME LAST WEEK.
ANY, ANY QUESTIONS FROM THE BOARD?
[00:25:07]
I NEED TO GO, WELL, I'M GONNA NEED TO LOOK AT THE SUBMISSION.WHICH I THINK IS IN MY OTHER ROOM.
'CAUSE I DIDN'T BRING, I WOULD NOTE THAT THE LETTER ITSELF SAYS 2136.
I THINK IT'S THE NOTE, NOTE ON THE, TO THE UPPER RIGHT.
UH, WHICH SHOULD PROBABLY PUT THERE BY STAFF, BY ACCIDENT.
I'VE BEEN HAVING PROBLEMS WITH THE AUDIO ALL NIGHT.
CAN EVERYONE HEAR ME NOW? I'M GOING OVER.
I THINK I, I THINK CHRISTIE CAME IN FIRST.
UH, MR. MONTEON, DID YOU HAVE OTHER, UH, POINTS OF YOUR LETTER THAT YOU INTENDED TO GIVE AN OVERVIEW OF? UH, WELL, THEY ASKED ME, THEY, UH, ASKED ME FOR INFORMATION REGARDING THE AIR AIR FILTRATION SYSTEM, UM, IN WHICH I DID.
MY CLIENTS PROVIDED ME WITH, UM, A MANUAL, UH, AN OWNER'S MANUAL TO THE ONE THAT THEY BELIEVE THEY'RE GONNA BE GETTING, UH, THE INSTALLING, UH, TO, IT'S A COMMERCIAL AIR, AIR FILTRATION SYSTEM.
UM, UH, THE SYSTEM HAS POWERFUL AIRFLOW AND HEPA AIR FILTER SYSTEM THAT'S EXTREMELY USEFUL IN REMOVING SMOKE AND ODORS IN THE BAR.
SO, UM, WHAT THEY INDICATED WAS, DEPENDING ON THE AREA THAT IT WILL COVER, UH, YOU KNOW, IT'LL DICTATE THE AMOUNT OF, UM, THE AMOUNT OF UNITS THAT THEY'LL NEED INSIDE THE SPACE AND THAT, THAT THEY'LL WORK THROUGH WITH THEIR, UH, WITH THEIR CONTRACTOR.
UH, AND THE LAST, THE LAST, UM, THE LAST, UH, QUESTION THEY ASK IS EXPLAIN HOW YOU LIMIT THE CROWD SIZE FROM THE VARIOUS USES, RESTAURANT, BAR AND LOUNGE.
UH, WHAT MY CLIENTS INDICATED, A CIGAR BAR, CIGAR LOUNGE.
IT, IT'S NOT A TYPICAL BAR OR RESTAURANT SEATING.
YOU'RE NOT SITTING RIGHT ON TOP OF EACH OTHER.
SO WHAT THEY WOULD DO IS, UM, YOU KNOW, BASICALLY WOULD BE THEY WOULD'VE GROUPS OF FOUR CHAIRS AROUND A TABLE, RIGHT.
AND THEY WOULD BE SPREAD OUT IN DIFFERENT AREAS WITH, UM, SINGLE CHAIRS ALSO SPREAD OUT THROUGH THE AREA.
SO THE, UM, LEMME SEE WHAT HE SAYS HERE.
UH, THE BAR AREA WOULD HAVE THREE SUCH GROUPS WITH FOUR ADDITIONAL CHAIRS SPREAD OUT THROUGH THE BAR AREA.
UH, THE LOUNGE AREA WOULD HAVE FOUR GROUPS WITH SIX ADDITIONAL CHAIRS SPREAD OUT THROUGH THE AREA.
UM, THEY ALSO MENTIONED THAT THEY ASKED ABOUT THE BAR A A RESTAURANT.
THIS IS NOT, YOU KNOW, THEY, THEY, THEY WANT TO STRESS, IT'S NOT A RESTAURANT.
THEY DON'T HAVE A FULL, FULL SERVICE, UH, KITCHEN.
THEY'LL BE SERVING LIMITED FOOD.
IT'LL BE TAPIST STYLE FOOD WITH DESSERTS.
SO YOU'RE NOT, PEOPLE ARE NOT GONNA COME IN THERE AND BE ABLE TO ORDER A STEAK DINNER OR, YOU KNOW, UH, REAL PARMESAN, SOMETHING LIKE THAT.
THAT'S NOT WHAT THEY'RE GONNA BE SERVING.
IT WOULD BE, THEY INDICATED TAPIT STYLE FOOD, UH, APPETIZERS, UH, FINGER FOODS.
UM, AND THEY'LL ALSO LIMIT THIS CROWD, UH, THROUGH THE DAY OF THE SALE OF THE DAILY MEMBERSHIPS.
THEY'LL BE LIMITED DURING PEAK HOURS OR BASICALLY SAID ON THE WEEKENDS THEY'LL BE LIMITED MORE THAN, UH, DURING THE WEEK.
SO THAT WOULD LIMIT THE CROWD SIZE.
ALSO, MR. MONLEY ON DI MAYBE I DIDN'T ADD IT UP PROPERLY.
[00:30:01]
THAT THEY WOULD BE IN GROUPS AND YOU SAID, I BELIEVE, UH, FOUR GROUPS IN THE BAR AREA.AND THEN I THOUGHT YOU HAD SAID SIX GROUPS IN THE OTHER AREA.
NO, UM, THE FOUR LOUNGE, FOUR LOUNGE CHAIRS GROUPED AROUND, AROUND THE TABLE THROUGHOUT THE LOUNGE AREAS, THREE GROUPS WILL BE ARRANGED IN THE BAR AREA.
AND THEN YOU SAID FOUR ADDITIONAL CHAIRS, THEN YOU SAID PLUS FOUR CHAIRS, I THOUGHT.
IN OTHER WORDS, WHAT HE INDICATED, THEY'LL HAVE THESE GROUPS AROUND THE TABLE, BUT THEN THEY'LL ALSO HAVE SINGLE CHAIRS RIGHT.
SO ALL, SO THE LOUNGE, THE LOUNGE AREA, WE'LL HAVE THREE GROUPS OF FOUR, WHICH WOULD BE 12 AND FOUR ADDITIONAL CHAIRS WOULD BE 16 CHAIRS.
I'M SORRY, IN THE BAR AREA, THAT'S OH, THAT NUMBER DOWN.
THE BAR AREA, THERE'LL BE FOUR GROUPS IN THE LOUNGE AREAS, FOUR GROUPS OF FOUR WOULD BE 16 WITH SIX ADDITIONAL CHAIRS SPREAD, SPREAD OUT.
SO EVEN ADDING THAT UP, WE GET 38, CORRECT? CORRECT.
SO SINCE THESE ARE ADULT, OBVIOUSLY MALES, YOU CAN'T SAY FOR CERTAIN, WELL, FEMALES ALSO PERHAPS, BUT YOU CAN'T SAY FOR CERTAIN THAT INDIVIDUALS WOULD NOT COME IN THEIR OWN CARS.
WOULD THAT A, WOULD THAT BE A FAIR, YOU KNOW, A FAIR THING TO SAY? WELL, THAT THEY WOULD ALL SHOW UP IN THEIR OWN CARS AT THE SAME TIME? THEY MIGHT.
AND YOU HAVE HOW MANY TOTAL? UM, THE PARKING, UH, PARKING, UH, ACCOMMODATES TOTAL OF HOW, WHAT'S THE NUMBER AGAIN? THE PARKING WAS 37 AND 4 41.
SO IT IS LIKELY THAT THERE MIGHT BE SOME, SOME SPILLAGE AT TIMES WITH REGARD TO, DEPENDING ON THE TIME WITH REGARD TO PARKING.
IS THERE ANY OTHER POSSIBLE ACCOMMODATION FOR THAT OR NOT? WELL, I HAD, UM, WELL, I, I HAD ACTUALLY SPOKEN WITH THE GENTLEMAN ACRO, UH, THE REAL ESTATE BROKER ACROSS THE STREET IN THE OLD RUDY'S THAT WAS THERE.
UM, HE HAD INDICATED THAT I, I HAD ASKED HIM ABOUT BEING ABLE TO LEASE SOME SPACES THERE FOR, FOR, UM, VALET PARKING.
HE'D INDICATED THAT HE WOULD'VE TO GET BACK TO ME BECAUSE THEY WERE SIGNING, UH, A LEASE WITH THE PEOPLE WITH RUDY.
SO HE WOULD'VE TO TALK TO THEM ABOUT IF THEY WOULD BE, YOU KNOW, UM, AMENABLE TO LEASE IN SOME OF THEIR PARKING SPACES, SPOTS OVER THERE.
SO YOU DON'T REALLY HAVE AN ANSWER TO THAT, JEFF? NOT, NOT YET, BECAUSE I HAD TO WAIT FOR HIM TO SIGN THE LEASE.
UH, HE HASN'T, HE HASN'T, UH, GOTTEN BACK TO ME YET.
ANY OTHER QUESTIONS FROM THE BOARD? UM, I JUST WANT TO REMIND EVERYONE THAT THIS IS, UH, AN INTERPRETATION, UM, VARIANCE.
SO WE NEED TO DECIDE WHETHER OR NOT THIS USE QUALIFIES AS A RECREATIONAL USE, UM, AS DEFINED, I GUESS, IN THE CODE.
SO JUST THROWING THAT OUT THERE.
BECAUSE THAT WAS GOING TO BE ONE OF THE QUESTIONS.
UM, I APPRECIATE THAT THE APPLICANT'S ATTORNEY HAS, UM, ATTEMPTED TO ADDRESS SOME OF THE OTHER QUESTIONS, BUT IT WAS NOT ADDRESSED AS TO THE USE VARIANCE THAT WAS BEING REQUESTED AS, UM, UH, MY FELLOW CHAIRPERSON HAS JUST, UH, ILLUSTRATED.
WAS THERE ANYTHING ELSE THAT YOU COULD OFFER TO US, UM, AS WE DELIBERATE THAT, UM, MS. MONTEON, MR. MONTEON, WITH RESPECT TO, UH, THE, THE INITIAL, UM, DENIAL SPOKE TO THE ISSUE OF IT BEING A RECREATIONAL FACILITY.
WAS THERE ANYTHING ADDITIONAL THAT YOU COULD ADD TO US AS WE BEGIN TO DELIBERATE THAT MATTER? WELL, I DON'T KNOW ADDITIONAL, BUT AS I SAID LAST TIME, I THINK THAT WHEN, WHEN, UM, THE BUILDING DEPARTMENT LOOKED AT THE PLANS, THEY SAW, LIKE I SAID, THEY SAW ONE ROOM, UH, MARK DESIGNATED AS REC ROOM, AND HE ADDED UP THE SQUARE FOOTAGE IN THAT ROOM AND DETERMINED IT WAS 11% OF THE WHOLE AREA.
THEREFORE, RECREATION USE WAS 11%.
I DON'T BELIEVE THAT TO BE CORRECT.
'CAUSE I BELIEVE, UM, SMOKING CIGARS, DRINKING AND SOCIALIZING WITH FRIENDS, FAMILY, UH, OTHER MEMBERS OF THE COMMUNITY IS RECREATION, SO HE SHOULD HAVE ACCOUNTED FOR A LOT BIGGER AREA.
THE, UM, THE BAR AREA, THE LOUNGE AREAS, UM, THE EVENT ROOM,
[00:35:01]
THE, THE RECREATION ROOM, THE CONFERENCE ROOMS, UM, OUTSIDE OF EVERYTHING OUTSIDE OF THE OUTSIDE OF THE KITCHEN AND THE RESTROOMS AND THE WALKWAYS, I THINK SHOULD BE DEEMED RECREATION.ANY OTHER QUESTIONS FROM THE BOARD? I, ANYONE IN THE AUDIENCE COMMENTING ON THIS CASE? ALL RIGHT.
IS THERE ANYTHING ELSE THAT THE APPLICANT WISHES TO STATE AT THIS POINT? NOT AT, NOT AT THIS TIME.
WELL, BEFORE, BEFORE WE LEAVE THIS, UH, AND FOR THE GUIDANCE OF THE APPLICANT'S ATTORNEY, UM, YOU'VE, UH, PHRASED THE APPLICATION IN THE ALTERNATIVE THAT IF THE ZONING BOARD, UH, DOES NOT AGREE WITH YOUR POSITION ON THE INTERPRETATION ISSUE, THAT IT'S A USE THAT'S PERMITTED AS OF RIGHT.
UH, THEN YOU WOULD HAVE TO ADDRESS THE FACTORS THAT ARE REQUIRED FOR A USE VARIANCE.
I DON'T KNOW IF YOU WANT TO TAKE YOUR, AN OPPORTUNITY TO ADDRESS THOSE FACTORS AT THIS TIME.
I, UM, I THINK I ADDRESSED 'EM LAST TIME.
I DON'T, IF THE BOARD WANTS ME TO ADDRESS 'EM AGAIN, I WILL, I WILL DO THAT.
THERE MAY BE BOARD MEMBERS, UH, PRESENT TODAY THAT WEREN'T, UH, THERE LAST WEEK, LAST MONTH, RATHER.
THE REASON WHY, THAT'S THE REASON WHY I BROUGHT IT UP.
UH, IF YOU GIMME A MINUTE, I'D HAVE TO JUST GET MY SUBMISSION AND I CAN GO OVER IT AGAIN.
WELL, IT'S ONLY IF, IF THE BOARD MEMBERS, UH, WA ARE INTERESTED IN HEARING THAT PORTION OF YOUR APPLICATION.
I'M, I REVIEWED IT AND I'M REVIEWING IT AS HE SPEAKS.
UH, I I WOULD TAKE A, UH, A BRIEF EXPLANATION.
I, I, UM, IN MY SUBMISSION, I INDICATED, UM, AN APPLICATION FOR USE VARIANCE.
UM, THERE'S FOUR CRITERIA THAT ARE, ARE NEEDED TO BE MET FOR USE VARIANCE.
UM, THE OWNER CANNOT REALIZE A REASONABLE RATE OF RETURN.
UM, AND HE, I, I APOLOGIZE, UH, FOR HOW, HOW I'M ADDRESSING THIS.
I, I, I'LL ASK YOU QUICKLY THEN, 'CAUSE I WAS, AS I WAS GOING THROUGH AND, AND LOOKING AT YOUR EXHIBIT, UH, I THOUGHT EXHIBIT C WAS THE LEASE, WHICH I WAS TURNING TO, TO SEE THE WHAT WAS, WHAT, WHAT, WHAT'S DESCRIBED THE ACTIVITIES DESCRIBED IN THE LEASE TO COMPARE IT, WHAT, YOU KNOW, YOU HAVE IN YOUR, IN YOUR LETTER OF SUBMISSION, BUT I SAW THAT IT'S JUST THE OWNER'S AFFIDAVIT.
UM, IS THERE A COPY OF THE LEASE IN YOUR SUBMISSION? EVEN JUST THE FRONT PAGE, IF NOT THE, YOU KNOW, SO WE CAN SEE HOW THE LEASE DESCRIBED, UH, WHAT THE PLACE IS GONNA BE USED FOR.
UH, IT'S NOT IN MY SUBMISSION.
I HAVE A, I DON'T KNOW IF I HAVE A COPY HERE IN THIS FILE.
[00:40:01]
THAT'S ALL RIGHT.WE CAN CIRCULATE, WE CAN CIRCULATE THE TRANSCRIPT FROM THE LAST MEETING WHERE THE APPLICANT WENT THROUGH THE FOUR USE VARIANCE, UH, UH, CRITERIA.
IS THERE ANYTHING ELSE THAT YOU HAVE THAT COULD SUPPORT THE FACT THAT YOU SAY THE OWNER COULD NOT RENT THE SECOND FLOOR FOR OVER FOUR YEARS OUTSIDE OF HI, MY DISCUSSIONS WITH HIM? NO, THAT'S, YOU KNOW, IT'S JUST HIS WORD, UH, THAT HE COULDN'T RENT IT.
HE HAS, HE'S HAD, UH, ACTUALLY NO, I ACTUALLY SPOKE TO ONE OF THE REALTORS WHO HAD IT, WHO DID HAVE IT LISTED FOR A WHILE.
UH, SHE DIDN'T HAVE IT LISTED THE WHOLE TIME, BUT SHE DID HAVE IT LISTED FOR A WHILE.
UH, I THINK MAYBE ONE PERSON HAD LOOKED AT IT DURING THAT TIME.
SHE SAID, DO YOU KNOW WHAT USE THE REALTOR WAS PUTTING FORTH FOR THE LEASE OF THE PROPERTY? WHEN, WHEN MY CLIENTS TOOK IT? OR NO, NO, NO.
WHEN, WHEN THEY COULD NOT GET A TENANT? NO, NO.
AND IF IT'S ANYTHING, UH, WITH MY NEGOTIATIONS WITH THE OTHER ATTORNEY REGARDING IT, UH, THEY WERE OPEN TO ANY, YOU KNOW, THEY WEREN'T, THEY WEREN'T LIMITED THE USE OF, OF THE PROPERTY, OF THE PREMISE.
ANYTHING ELSE FROM ANYONE? OKAY.
GOING ON TO OUR NEXT CASE THIS EVENING CASE, 2138 DURGA TEMPLE OF WESTCHESTER PROPERTY AT 1860, I'M SORRY, 1880 SAW RIVER ROAD.
AND IS THERE ANY ONE HERE REPRESENTING THE APPLICANT BUT HAS, GO AHEAD.
HI, GOOD EVENING CHAIRPERSON AND MEMBERS OF THE BOARD.
MY NAME IS KATE ROBERTS WITH THE LAW FIRM OF Z AND STEINMETZ ON BEHALF OF DURGA TEMPLE.
DAVID STEINMETZ, MY COLLEAGUE, APPEARED AT YOUR BOARD'S MEETING LAST MONTH.
AS A QUICK REFRESHER, THE APPLICANT IS SEEKING A REDUCTION IN THE FRONT YARD SETBACK FROM A HUNDRED FEET TO 36.8 FEET.
THIS IS AN IDENTICAL VARIANCE, UM, THAT YOUR BOARD HAD GRANTED LAST YEAR, AND WE ARE JUST ASKING THAT YOU RENEW THAT APPROVAL.
UM, MR. STEINMETZ RELAYED TO ME THAT THE BOARD HAD SOME QUESTIONS AT THE LAST MEETING THAT WERE ANSWERED, AND THE REASON THE BOARD COULD NOT TAKE ACTION AT THAT MEETING WAS A NOTICE ISSUE.
MY UNDERSTANDING, BASED ON CONVERSATIONS WITH STAFF, IS THAT THESE NOTICE ISSUES WERE CURED IN ADVANCE OF THIS MEETING.
AND I SUBMIT THE BOARD, UM, SHOULD BE PREPARED TO TAKE ACTION THIS EVENING IF THEY'RE SO INCLINED.
I'D BE HAPPY TO ANSWER ANY ADDITIONAL QUESTIONS ANY BOARD MEMBERS MIGHT HAVE.
UM, OTHERWISE, UH, WE CAN WAIT FOR YOUR DELIBERATIONS.
ARE THERE ANY QUESTIONS FROM ANY BOARD MEMBERS? ANY QUESTIONS FROM ANYONE IN THE, UH, AUDIENCE? ALL RIGHT, THEN I GUESS WE WILL, UH, TAKE THIS UP IN OUR DELIBERATIONS.
AND THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 2202, CLARENCE AND MIRIAM KELLER PERKINS PROPERTY AT SEVEN METER LANE.
AND WHO DO WE HAVE TO ADDRESS THIS CASE THIS EVENING? MIRIAM KELLER PERKINS.
I'M MADAM CHAIR AND MEMBERS OF THE BOARD.
UM, MY NAME IS MIRIAM KELLER PERKINS.
MY HUSBAND'S NAME IS CLARENCE PERKINS.
WE RESIDE AT SEVEN RITA LANE, WHITE PLAINS, NEW YORK, 1 0 6 0 7, AND I'M SEEKING AN AREA VARIANCE, UM, UM, UM, VARIANCE SETBACK FROM 12 FEET TO 2.92.
I'M GOING TO JUST KIND OF SHARE THE SCREEN IF I CAN DO THIS WITH NO PROBLEM.
SO YOU CAN SEE THIS, UM, THIS WAS INCLUDED IN EVERYBODY'S PACKET.
CAN YOU SEE THIS ON? NOT AT THE MOMENT.
CAN YOU SEE IT NOW? CAN YOU SEE THIS? I CAN SEE IT.
UM, MY, WE BOUGHT THIS HOUSE IN, UH, 1996.
IT WAS VACANT FOR TWO YEARS BEFORE THAT, IN 1994.
UM, WE HAVE DONE ABSOLUTELY NOTHING TO THIS DRIVEWAY.
UM, AND YOU SHOULD HAVE RECEIVED A LETTER TOO, FROM ONE OF THE ORIGINAL OWNERS, UM, THAT IS IN OUR
[00:45:01]
CUL-DE-SAC.IT SHOULD BE, UM, MARIA AND JOHN PECORA.
AND THEY WILL TELL YOU THAT THIS ORIGINAL DRIVEWAY THAT YOU SEE HERE WAS PUT IN BY JACK CESARIO BACK IN 19, AROUND 19 60, 19 70.
WE HAVE DONE ABSOLUTELY NOTHING TO THIS DRIVEWAY.
UM, THE ONLY THING THAT WE DID, BASICALLY, WE, YOU SEE GRAVEL HERE BECAUSE OUR HOUSE IS BELOW STREET LEVEL.
AND SO IN THE CUL-DE-SAC THAT WE LIVE IN, ALL THE WATER COMES INTO OUR YARD.
SO WHEN OUR NEIGHBOR WHO IS HERE, SHE'S, UM, UM, I GUESS SHE'S STREET LEVEL.
AND THEN IT CURVES DOWN, AND THEN IT SLOPES IN ALL THE WATER.
SO WHEN WE HAD HURRICANE IDA, NO ONE IN THE CIRCLE WAS AFFECTED EXCEPT FOR US.
SO WHEN WE MOVED HERE, I PUT THIS STONE WALL, I, I PUT THE STONE WALL AROUND HERE.
UH, WE PUT A FRENCH DRAIN THAT WENT IN THE FRONT.
THERE WAS ALSO, WE PUT ANOTHER DRY WELL HERE TO HELP MITIGATE SOME OF THIS WATER.
UM, OTHER THAN THAT, LIKE I SAID, WE HAVE NOT WIDENED THIS, UH, DRIVEWAY.
WE HAVE NOT RESURFACED THIS DRIVEWAY.
WE HAVE DONE ABSOLUTELY NOTHING TO THIS DRIVEWAY.
SO I'M ASKING FOR AN AREA OF VARIANCE.
DOES OUR WATER GO INTO, YOU KNOW, OFF OF THIS IMPERVIOUS SURFACE, GO INTO OUR NEIGHBOR CAMILLE HORTON'S YARD? NO.
DOES IT AFFECT ANYBODY ELSE'S YARD? NO.
WHAT HAPPENS? IT WAS CONSTANTLY JUST RUNNING DOWN, TAKING ALL OF OUR SOIL AND PUTTING IT DOWN ON SPRINGBROOK PROPERTY DRIVE.
SO THAT IS WHEN WE PUT GRAVEL HERE, ALTHOUGH IT IS NOT THE TOWN, OR I GUESS THE ORDINANCE DOES NOT VIEW THAT AS BEING A MEANS OF BEING, UM, IMPERVIOUS.
UM, BUT, AND THEN I PUT BLUESTONE HERE.
ANYTHING TO TRY TO HELP, UM, YOU KNOW, KEEP THE WATER FROM COMING IN.
WHAT HAPPENS IS WHERE YOU SEE THE DRAIN, UH, INLET, BECAUSE OUR PROPERTY SLOPES, YOU LITERALLY NEED, IF YOU WERE TO BACK THE CAR INTO THE DRIVEWAY, AND I'LL SHOW YOU A PICTURE OF THE DRIVEWAY IN A MINUTE.
YOU HAVE TO ANGLE THE CAR TO GET TO THE DOOR, ALL RIGHT? TO GET THROUGH THE DOORS, BECAUSE IF YOU DO NOT AT LEAST LEAVE FROM THIS LINE HERE, AT LEAST 24 INCHES, IF YOU WERE TO STEP OUT YOUR CAR, YOU COULD LITERALLY TWIST YOUR ANKLE BECAUSE NOW ALL OF A SUDDEN YOU DROPPED.
UM, AND SO, AND HERE, UM, WHERE THE END OF THE DRY, THE END OF THE GARAGES, I HAVE A PLANTER HERE, AND THANK GOD THERE IS A PLANTER HERE BECAUSE, UM, THIS, BEFORE I PUT THE PLANTER THERE, THAT GARAGE HAS BEEN HIT AT THE END A COUPLE OF TIMES.
UM, MY SON AND, UM, MY HUSBAND.
SO THEY LITERALLY TO PARK THE TWO CARS, THERE'S USUALLY A SPACE IN BETWEEN HERE.
AND THEN HERE WE DO NOT THROW ANY OF OUR SNOW INTO OUR NEIGHBOR'S YARD.
SHE TOO HAS A, UM, SOME BUSHES HERE.
UM, OUR NEIGHBOR IS CAMILLE HORTON.
SHE GAVE US, UM, SUPPORT, UM, THAT, YOU KNOW, SHE DOES NOT HAVE ANY PROBLEMS WITH THIS.
AND TO BE QUITE HONEST WITH YOU, IF YOU WERE TO COME INTO THE CUL-DE-SAC, YOU'LL FIND THAT THE WAY THE BUILDER BUILT ALL THE HOUSES IN THE SIXTIES, HE DID NOT GIVE ANY OF THOSE HOUSES INTO THE DRIVEWAY.
A 12 FOOT STEP BACK ON THAT SIDE.
SO WHY OUR HOUSE WAS WHATEVER, BUT NOW I'M SEEKING AN AREA OF VARIANCE SO THAT WE CAN LEAVE THE DRIVEWAY THE WAY IT IS.
THERE IS A GAS VALVE IN THE DRIVEWAY.
AND HERE'S A PICTURE SO THAT YOU CAN SEE.
UM, THIS IS OUR NEIGHBOR, CAMILLE HORTONS.
THIS IS HER HOUSE FIVE READER LANE.
AND THIS IS OUR DRIVEWAY RIGHT HERE.
UH, DO I HAVE ANY QUESTIONS OR WOULD I BE GLAD TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE? CAN YOU JUST REPEAT? YOU JUST SAID, I'M SORRY IF I WENT TOO FAST TOO.
CAN YOU JUST REPEAT, YOU SAID THERE'S A GAS VALVE AND SOMETHING ELSE? YEAH, IN OUR DRIVEWAY, THERE IS.
AND THAT'S ANOTHER REASON WHY I REALLY DON'T WANNA TAKE UP
IF YOU NOTICE ON HERE IT SAYS THERE'S A GAS VALVE HERE.
THE GAS VALVE IS THERE IN THE DRIVEWAY, AND THE ASPHALT, THERE'S ALSO THE WATER VALVE.
NOW THIS YEAR, UM, YOU KNOW, THE ONE OF OUR NEIGHBORS GAS LINE HAD LEAKED AND THEY HAD TO DIG ALL OF THAT UP.
AND I'M BE QUITE HONEST WITH YOU, UH,
[00:50:01]
SO THEY HAD TO DIG UP OUR FRONT YARD.'CAUSE IT, IT SO HAPPENED THAT THEIR GAS VALVE WAS, THEIR SHUTOFF VALVE WAS IN OUR YARD.
BUT HAVING EXPERIENCED THAT, I REALLY DON'T WANT TO, UM, THEY HAD TO DIG UP OUR YARD TWICE, BECAUSE APPARENTLY WHEN THEY DID THE SHUTOFF, UM, THEY PUT IT IN FAULTY.
AND SO WHEN WE CAME BACK FROM VACATION, WE HAD S SMELLED ALL THIS GAS.
SO I REALLY DON'T WANT TO TOUCH ANYTHING, TO BE QUITE HONEST WITH, WITH YOU IN THIS DRIVEWAY.
UM, LIKE I SAID, WE HAVE NOT RESURFACED THE DRIVEWAY.
WE HAVE NOT WIDENED THE DRIVEWAY.
UM, YOU SHOULD HAVE, AS I SAID TO YOU BEFORE, YOU SHOULD HAVE A LETTER FROM JOHN AND MARIA PECORA, WHO WOULD'VE TOLD YOU THAT IN BETWEEN SOMEWHERE IN THE SIXTIES AND SEVENTIES.
JACK CESAR, THE FIRST OWNER OF THIS HOUSE, HE IS THE ONE THAT PUT IN THIS DRIVEWAY.
SINCE THEN, THIS DRIVEWAY HAS NEVER BEEN TOUCHED.
ANOTHER QUESTION, NO OTHER QUESTIONS FOR ME.
HOW, HOW, HOW, UM, WHY IS THIS, WHY IS, WHY ARE YOU NOW REQUESTING THIS VARIANCE? YOU WERE, 'CAUSE WE GOT, WE REC CITED A VIOLATION.
AND I DON'T KNOW FROM WHO, BECAUSE LIKE I SAID, I DON'T KNOW WHO'S ASKING THE QUESTION.
BUT WE WERE CITED A VIOLATION, SO WE WERE RESPONDING TO THE VIOLATION.
AND SO THE ONE WHO WOULD'VE BEEN IMPACTED, IF WE HAD BEEN IN ANYONE'S YARD, IT WOULD'VE BEEN CAMILLE HORTON.
AND CAMILLE HORTON IS TELLING US, AND YOU SHOULD HAVE A LETTER.
SO SHE IS, WE'RE NOT ON HER PROPERTY.
AND AS I SHOWED YOU HERE, YOU KNOW, THIS IS HER PROPERTY RIGHT HERE.
WHY DIDN'T YOU INCLUDE IT IN THE, UM, TWO OH, QUESTION? WHO'S ASKING THE QUESTIONS, PLEASE? WHO'S ASKING THE QUESTIONS? OH, UH, RO RO ROHAN HARRISON.
UM, WHY DIDN'T YOU SEEK, UH, THIS RELIEF BACK IN 2 0 2 WHEN YOU WERE BEFORE US? FOR THE, FOR THE, FOR THE BACKYARD? OH, BECAUSE WE DIDN'T EVEN KNOW WE WERE OUT OF, TO BE QUITE HONEST WITH YOU, MR. HARRISON, WE DIDN'T KNOW WE WERE OUT OF, AT THAT POINT.
I HAVE NOW BECOME VERY EDUCATED IN TOWN CODES AND ORDINANCES.
I DID NOT KNOW THAT WE WERE OUT OF COMPLIANCE.
OKAY? AND ALL OF A SUDDEN, WE, LIKE I SAID, WE HAVE BEEN LIVING THERE FOR 26 YEARS.
SO ALL OF A SUDDEN, HERE COMES, MAY I HAVE A FEELING, BUT I DON'T CARE.
THIS IS NOT PERSONAL ISSUES ASIDE.
BUT ALL OF A SUDDEN HERE IS MAY, 2021, AND SOMEBODY IS SAYING, YOU EXPANDED YOUR DRIVEWAY.
SO, SO FROM THERE, MY HUSBAND AND I DECIDED, AND HAD WE KNOWN MR. HARRISON, THAT WE WERE OUT OF COMPLIANCE, WE WOULD'VE SOUGHT ONE THEN, BECAUSE WHEN WE BOUGHT THE HOUSE, IT WAS IN DISARRAY, AND THE MONEY WENT TO FIXING THE DECK THAT YOU LITERALLY COULD HAVE FALLEN THROUGH.
SO WE HAD TO GET A VARIANCE FOR THAT, JUST TO PUT THE DECK IN THE SAME EXISTING PLACE.
WE HAD TO DO WINDOWS, WE HAD TO DO EVERYTHING ELSE.
SO WE HAD NO IDEA THAT I WAS OUT OF COMPLIANCE.
SO MY HUSBAND AND I, WE HAD NO IDEA THAT WE WERE OUT OF COMPLIANCE.
OUR FIRST CONCERN WAS TO STOP THE WATER.
SO WHAT DO WE USE THE GARAGE FOR? TO QUITE HONEST WITH YOU, YOU'LL FIND MY LAWNMOWER IN THERE.
YOU'LL FIND MY SHOVELS, MY RAKES.
YOU'LL FIND MY, UM, PLANTING SOIL.
YOU'LL FIND, UM, YOU NAME IT, MULCH IS IN THERE.
EVERYTHING IS IN THERE, BECAUSE THAT IS WHAT WE USE THAT AS A STORAGE, NOT AS A GARAGE, BECAUSE WE ONLY HAVE A CRAWL SPACE UNDERNEATH OUR HOUSE WHERE THE ONE HOUSE IN THIS WHOLE CIRCLE THAT DOES NOT HAVE A BASEMENT.
SO WE USE THE GARAGE TO STORE EVERYTHING IN.
AND YOU ALSO PARK IN, UH, UM, IN FRONT OF THE GARAGE, RIGHT? GARAGE? WE ARE, YES.
BUT AS I, I TOLD YOU, UM, AS I MENTIONED, IF YOU GO HERE, BECAUSE IF YOU, IF YOU KIND OF KNOW IF YOU CAME BY THE PROPERTY, WE SLOPE DOWN.
SO WE ALWAYS BACK THE CARS IN BECAUSE THERE ARE A LOT OF CHILDREN TOO, IN OUR CUL-DE-SAC.
SO INSTEAD OF BACKING OUT, AND I, UNFORTUNATELY THIS, WELL, 2017, I BOUGHT A G L I, AND IT'S KIND OF LOW TO THE GROUND.
SO IT'S LIKE, IF I WAS TO GO FORWARD, I'D BE CONSTANTLY SCRAPING THE UNDERBODY OF MY CAR.
SO ON THIS ONE, WHAT I, LIKE I SAID, HERE'S THE GARAGE, BUT THEN YOU, THE DOORS COME HERE, THE DOORS ARE ABOUT HERE, AND THE DOORS ARE HERE.
SO IF YOU CAME, IF YOU JUST DROVE IN CLOSE TO THIS INLET, YOU ARE NOT
[00:55:01]
GONNA BE, YOU ARE NOT GOING TO BE IN THE GARAGE.YOU LITERALLY HAVE TO MOVE OVER THE WAY THE GARAGE DOOR IS SENT YOU.
AND ONCE AGAIN, WE DID, THIS GARAGE WAS BUILT WHEN THE HOUSE WAS BUILT.
SO I HAVE NO CONTROL OVER WHERE, HOW THE PLACEMENT OF THE DOORS OR ANYTHING ELSE FOR THAT GARAGE.
ANY OTHER QUESTIONS? ANYONE IN THE AUDIENCE WHO WANTS TO COMMENT ON THIS APPLICATION? OKAY.
I SHOULD NOTICE MY, NOW MY TEACHING
UH, JUST BEAR WITH ME FOR A MINUTE.
I'M TRYING TO STOP SHARING THE SCREEN.
I'M GONNA, I'M GONNA START SPEAKING THOUGH, EVEN THOUGH YOU'RE OKAY.
UM, THE NEXT CASE WE HAVE ON THE AGENDA IS CASE 2203, MATTHEW AND NANCY ABRAHAM, APPROXIMATELY AT 11 POST STREET HARTSDALE.
AND WHO DO WE HAVE TO ADDRESS THIS MATTER? JONATHAN? YES.
HOW ARE YOU? JONATHAN ANI HERE REPRESENTING, UH, THE OWNERS OF, UM, 11 POST STREET, THE ABRAHAM ABRAHAM RESIDENCE, ALSO REPRESENTING ADA ANI DESIGN CONSULTANTS.
UH, AS I'M GONNA SHARE MY SCREEN, IF THAT'S OKAY WITH EVERYBODY.
SO, THIS IS THE PROPERTY THAT WE'RE, UH, WE'LL BE SPEAKING ABOUT TONIGHT.
UM, UH, THE WAY THIS WAS GENERATED WAS WE, WE APPLIED FOR A BUILDING PERMIT FOR A, UH, PROPOSED SUNROOM AT THE REAR OF THE STRUCTURE.
UM, AND PART OF THAT APPLICATION, AS IT WAS SUBMITTED, IT WAS NOTICED THAT THE IMPERVIOUS SURFACE, UH, AFTER A ZONING ANALYSIS WAS NOTED THAT THE IMPERVIOUS SURFACE WAS GREATER THAN THE, UH, PERMITTED, UM, IN THIS ZONE.
SO AT THIS TIME, WE'RE ASKING FOR VARIANCE FOR THE IMPERVIOUS SURFACE, BUT ALSO, UM, NEED TO ADD THE APPLICATION THAT THE FRONT YARD SETBACK IS NOT IN COMPLIANCE.
THIS HOUSE WAS BUILT IN 1956, AND AS PART OF THE APPLICATION THAT WAS SUBMITTED WAS, UH, MADE KNOWN TO US TODAY THAT THE FRONT YARD SET SETBACKS AT 15.9, WHERE THE REQUIRED IS 20.
I'M GONNA, UM, SWITCH MY SCREEN FOR A SECOND AND THEN SHARE AGAIN.
I JUST WANNA PUT UP THE DRAWINGS.
SO HOLD ON ONE, ONE MORE SECOND.
SO, AS YOU CAN SEE, THIS IS EXISTING SITE PLAN.
UM, IT'S ONE STORE, ONE AND A HALF STORY, UH, BRICK AND FRAME STRUCTURE.
UH, THE EXISTING NON-CONFORMITY IS THE PART OF THE DRIVEWAY IN THE BACK.
IF I PUT UP THE PROPOSED, SO THE SHADED AREA IS THE ADDITIONAL IMPERVIOUS SURFACE, UH, THAT WE WERE ASKED FOR TO APPROXIMATE 818 SQUARE FEET.
SO WE'RE, UM, WE'RE ROUGHLY, I THINK, UH, LET LOOK AT THE PERCENTAGES.
WE'RE ROUGHLY, UH, 8.25% OVER, UM, ON THE IMPERVIOUS SURFACE.
UH, WE WERE SING THIS VARIANCE AS WELL AS ADDING THE, UM, FRONT YARD SETBACK.
IF YOU CAN SEE AT THE FRONT YARD, IT'S 15.9 AT THE BUBBLE AREA AS OPPOSED TO 20.
UM, OBVIOUSLY PART OF THIS, UH, APPLICATION WILL BE REQUIRED US FOR US TO PUT, UH, DRAINAGE IN TO ACCOUNT FOR THE IMPERVIOUS SURFACE.
UH, SO DEPENDING ON THE, THE, THE VARIANCE, GRANTED, IF IT'S FOR 1800 SQUARE FEET, WE'LL BE PROVIDING A CALTECH SYSTEM THAT'S ADEQUATE FOR THE 818 SQUARE FEET.
UM, WHICH WE CAN EASILY BE, UH, PLACED IN THE YARD, UH, 10 FEET AWAY FROM THE STRUCTURE AND 10 FEET AWAY FROM THE PROPERTY LINE.
UH, WE WILL, UH, ADD AND IT PITCHES TOWARDS THAT DIRECTION.
SO WE CAN OBVIOUSLY PUT SOME SORT OF, UM, MITIGATION IN, IN THE, UH, ADDITIONAL PURVIEW SERVICE AND, AND, AND CARRY IT TO CULT TEXT THAT WILL BE THERE.
SO THIS IS, UH, THE TWO VARIANCES THAT WE'RE ASKING FOR.
UM, IT IS KNOWN TO ME THAT THE, UM, WE'LL HAVE TO RE-NOTICE CONSIDERING THE FRONT, UH, VARIANCE.
BUT AT THIS POINT, I WANTED TO PRESENT THE IMPERVIOUS SURFACE VARIANCE.
ANY QUESTIONS? UM, HI, THIS IS CHRISTIE.
N I HAVE, UM, ONE, UH, ONE QUESTION.
IN YOUR, UM, THE DRAWING HERE, YOU HAVE PART OF THE DRIVEWAY TO BE REMOVED, AND THEN THE, THE CONCRETE PAVER PATIO THAT SAYS IT'S GONNA BE REMOVED? WELL, NO, THE, OH, GO AHEAD.
NO, I JUST WONDERED IF YOU WERE, IF YOU WERE REMOVING IT, IF, IF THEN IT, ARE YOU STILL ASKING FOR THE 818 SQUARE FEET, OR IS IT LESS? NO, WE, UM, I MODIFIED THE DRAWINGS AND SENT THEM
[01:00:01]
OUT THIS MORNING.IT'S TO REMAIN NOT TO BE REMOVED.
THE SHADED AREAS IS TO REMAIN.
SO IT'S 818 SQUARE FEET OF THE CURVY SURFACE TO REMAIN.
SO THE DRAWINGS, AS THEY ARE PRESENTED HERE TONIGHT ARE, UH, TO REMAIN THOSE TWO SHADED AREAS.
'CAUSE THAT DOES CHANGE, UM, MY CONSIDERATION A LITTLE BIT.
THE SHADED PART TO THE LEFT OF THAT DRAWING.
UM, WHAT IS THE TOTAL LENGTH OF THE DRIVEWAY TO THAT SHED? UM, I DO NOT HAVE A DIMENSION, UH, BUT IF THE PROPERTY IS, UH, ROUGHLY A HUNDRED, UH, WHAT IS, IT'S 76 FEET, IF YOU CAN SEE ON THE, THE BOUNDARY LINE.
SO THAT, THAT SHED IS TOWARDS THE BACK, I'D SAY MINUS 15 FEET.
YOU'RE TALKING 60 FEET TO THE, TO THE, TO THE ADDITIONAL ABOUT, TO THE SHED.
I'M SORRY, I DON'T KNOW WHO JUST ASKED THAT QUESTION.
GOING BACK TO THE PICTURE THAT YOU HAD UP A MOMENT AGO, MR. NEY? YES.
DO YOU NEED ME TO GO? WOULD YOU LIKE ME TO BRING THAT UP? WELL, YOU CAN BRING IT UP, YES.
SO THAT'S THE SHED IN THE REAR RIGHT THERE.
I DON'T, SO OBVIOUSLY IT DOESN'T GO ON THE NEIGHBOR'S YARD BECAUSE IT'S CURVED BY THE, DO YOU SEE IT? I SEE IT.
WHAT IS THE DISTANCE BETWEEN THE REAR WALL OF THE HOME AND WHERE THE SHED IS? ROUGHLY? WOW.
15, I'D SAY, UH, MAYBE A LITTLE MORE THAN THAT BECAUSE THE WILLIAM BLAND AGAIN, SORRY, THE PORTION OF THE DECK, THE REAR DECK TO BE REMOVED WAS 12.2 BY ITSELF.
AND THEN, AND THEN THE OTHER ONE IS 21, SO WE WOULD'VE CUT THAT IN HALF.
SO THERE'S ABOUT ANOTHER 30 FEEDBACK.
MY, MY CONCERN WAS IT APPEARS LOOKING AT THE CARS, THE WAY THEY'RE IN THE DRIVEWAY MM-HMM.
'CAUSE THERE ARE PURPOSE TO THAT IN ANY WAY, BECAUSE YOU SEEM TO HAVE MORE WIDTH AT THE OPENING OF THE DRIVEWAY TO PERHAPS HAVE CARS THERE.
LET ME, UM, LET ME PULL UP THE DRAWINGS AGAIN, JUST 'CAUSE UH, I THINK IT'S BETTER IF I GRAPHICALLY SHOW IT ON, ON THE SITE PLAN.
IT'S A STANDARD WIDTH CURB THERE.
UM, SO IF YOU, IF YOU TRAVEL DOWN THE DRIVEWAY, YOU HAVE THE WALKWAY THAT GOES TO THE FRONT DOOR, AND THEN THERE'S ONLY, THE PROBLEM IS THERE'S ONLY ONE CAR GARAGE.
SO YOU, YOU, YOU KNOW, THE ADDITIONAL PARKING HAPPENS IN THE REAR, NOT ON THE SLOPE.
SO THEY USE THIS FOR, FOR, UH, ACTIVE, ACTIVE ACCESS TO THE HOUSE.
I, I, I UNDERSTAND THAT, BUT THE WAY IN WHICH YOU HAVE THE CAR SITUATED IN THE DRIVEWAYS, WE SEE THEM AS ONE BEHIND THE OTHER, BUT THEY'RE BEHIND EACH OTHER DEEP INTO THE D DRIVEWAY AS OPPOSED TO BEING CLOSER TO THE STREET.
THAT'S WHY I'M SAYING I, I DON'T KNOW.
SO YOU'RE SAYING THAT THEY'RE PARKED BACK THERE TO GIVE ACCESS TO THE HOUSE, BUT IT APPEARS THAT THEY GO PAST THE HOUSE? WELL, YOU, YOU, FOR CIRCULATION, RIGHT? I MEAN, IF THERE'S A CAR INSIDE THAT HAS TO BACK OUT, YOU DON'T WANNA BLOCK THE GARAGE, THE, THE GARAGE.
SO IF THERE'S A CAR IN THE GARAGE, IN THE GARAGE, YOU'RE COMING OUT, YOU HAVE TO BACK OUT AND THEN TURN UP THE DRIVEWAY, AND YOU, YOU CAN'T, UH, PARK ALONG THIS, THIS DRIVE.
IT'S NOT WIDE ENOUGH TO BE ABLE TO PUT A CAR IN.
AND ALSO, I, I'VE HEARD YOU SAY THAT.
CIRCULATE THROUGH BACK, UH, YOU KNOW, COME OUT TO THE STREET.
[01:05:01]
A, AN IDEAL SITUATION FOR BACKING OUTTA THE DRIVEWAY.ESSENTIALLY YOU'RE SAYING IS THAT YOU WANT TO MAINTAIN THAT, UH, SURFACE BACK THERE TO GET THE CARS, UM, IN A PLACE WHERE THEY'RE NOT BLOCKING YOU GETTING IN AND OUT OF THE GARAGE.
IT'S ALSO A, IT'S ALSO DURING THE WINTER TIME FOR PLOWING, I HAVE A LONG DRIVEWAY MYSELF.
YOU DON'T WANT TO JOCKEY CARS AROUND, SO YOU HAVE A, A, AN OUTDOOR PARKING AREA THERE FOR JUST, JUST TWO CARS, AND THEN YOU HAVE A THIRD CAR IN THE GARAGE.
AND JUST ONE, UH, ANOTHER POINT OF CLARIFICATION.
SO THE, THE PERMITTED COVERAGE IS 3,905, AND SO YOU'RE THEN WOULD BE ASKING FOR 4,723, THAT'S THAT NUMBER PLUS THE 818.
SO IT'S ACTUALLY A 21% INCREASE IN THE COVERAGE ON THE PROPERTY, NOT JUST 8%.
IF YOU LOOK AT, YOU KNOW WHAT I'M SAYING? NO, I KNOW, BUT IT'S ALLOWABLE.
ALLOWABLE IS 40.75, CORRECT? YES.
SO WE'RE, THE ALLOWABLE IS 40.75.
SO WE'RE 8.25 ABOVE THE ALLOWABLE.
AND WHAT DO YOU, WHAT DO YOU HAVE, HOW MUCH SQUARE FOOTAGE YOU HAVE COVERED? IF YOU LOOK AT THE PROPOSED, SO THE PROPOSED IMPERVIOUS SURFACE, RIGHT.
IF YOU ADD THE NUMBERS TOGETHER, UM, OH, I SEE, I SEE.
SO ALL THE IMPERVIOUS SURFACE AND THEN YOU MINUS THE 30 39 0 5 AS ALLOWABLE IMPERVIOUS SURFACE.
ANY OTHER QUESTIONS? ANYONE IN THE AUDIENCE WANT TO ADDRESS THIS MATTER? ALL RIGHT.
IS THERE ANYTHING THAT THE, UH, APPLICANT WANTS TO ADD AT THIS POINT? UH, NO.
JUST MAYBE SOME DIRECTION AS FAR AS, UM, I WOULD IMAGINE THIS IS, UM, YOU CAN'T MAKE A DECISION DUE TO THE FACT THAT THE FRONT YARD SETBACK HAS TO BE ADDED TO THE VARIANCE.
UM, AS PART OF THE SECOND, UM, MEETING AS FAR AS NEXT MONTH, DO WE REVISIT THE IMPERIOUS SURFACE OR WE JUST SPEAK ABOUT THE FRONT YARD SETBACK, OR? WELL, YOU CAN, YOU CAN REVISIT SOMETHING IF YOU'RE MAKING CHANGES TO IT.
DO WE WANNA TAKE A LITTLE BREAK OR NOT TONIGHT? I'M OKAY.
OH, I THOUGHT THE PHONE WAS UP WITH IT.
NADINE, I'M GOING TO IN THE CHAT, GIVE YOU MY CELL PHONE NUMBER AND UH, WHAT I CAN DO IS TEXT YOU WHEN WE'RE BACK TO THE PORTION WHERE YOU'LL HAVE TO DO THE STENO STENOGRAPHER DUTIES.
WE'RE PROBABLY GOOD FOR AT LEAST A HALF HOUR.
I'LL JUST TEXT YOU BACK TO CONFIRM I GOT YOUR TEXT.
ALRIGHT, TWO MINUTES MINUS 10 SECONDS.
ZIP, ZIP, UH, I'M GONNA SAY IT WRONG THIS TIME.
I BELIEVE THEY WERE THOUGHTFUL IN THEIR RESUBMISSION.
UM, TAKING INTO CONSIDERATION THE CONCERNS OF THE NEIGHBOR.
UM, I LIKE THE POINT THAT YOU MADE ABOUT PUTTING IN THERE AS A CONDITION TO ENSURE THAT THE SLOPING, UM,
[01:10:01]
I DON'T KNOW IF WE HAVE ANOTHER BODY, UM, GARRETT OR SOMEONE COULD, AN ANTHONY CAN ANSWER THAT MAYBE THAT WOULD BE ABLE TO GO OUT AND ATTEST THAT THE SLOPE IS APPROPRIATE OR IF WE COULD GIVE SUGGESTION TOWARDS AN APPROPRIATE SLOPE.UM, BUT BY ADDING THAT THREE FOOT BUFFER, UM, I THOUGHT THAT THAT WAS GREAT.
AND THEN ALSO MOVING THE SHED CLOSER.
I MEAN THE, UH, CARPORT CLOSER TO THE HOME.
I, I DON'T KNOW MUCH ELSE WE COULD HAVE ASKED, RATHER THAN JUST REMOVING THE CARPORT ALTOGETHER AND THEN RETURNING IT BACK TO A PRE-EXISTING CONDITION AND, UH, THE CURB.
AND THEY DID IN THE LETTER, AT LEAST FROM, UM, MS. BODA, USE THE, USE THE LANGUAGE THAT THEY WOULD UNDERTAKE ANY, UH, HOW DID SHE PHRASE IT? IT WOULD UNDERTAKE ANY WATER, UM, STORM WATER MANAGEMENT.
THAT WOULD, MIGHT BE NECESSARY.
I THOUGHT THAT WAS A BIG, UH, FACTOR.
SO DO I HAVE A STRAW VOTE? I'M IN FAVOR.
WILLIAM, CAN YOU WANNA TAKE IT ON? WELL, THE, THE THOUGHT, THE ONLY THING IS I'M THINKING, ED, YOU CORRECT ME.
I, I WANNA MAKE SURE WE HAVE THE CORRECT LANGUAGE IN THERE THAT AT LEAST ANSWERS THOSE QUESTIONS THAT I JUST SAID.
I MEAN, DO WE NEED TO SPEAK TO SOMEONE PRIOR TO THE, TO BE ABLE TO PUT WHAT THOSE STIPULATIONS WOULD EXACTLY BE IN TERMS OF THE, UM, APPROPRIATE SLOPING IN TERMS OF IF THERE'S A DEGREE PITCH THAT WE WOULD WANNA ADD INTO THAT? RIGHT.
DO YOU, WHAT WOULD, WHAT YOU SHOULD DO IS JUST ADD CONDITIONS.
YOU HAVE THE FIRST THREE, YOU KNOW, THAT THEY COMMENCE CONSTRUCTION WITHIN WHAT THE USUAL.
AND THEN, UH, YOU HAVE A BLANK FOR ADDITIONAL CONDITIONS.
AND THE CONDITIONS WOULD BE THAT AS PER THE SUBMISSION OF FEBRUARY, LOOKS LIKE SEVENTH, FEBRUARY 7TH, UH, THEY WILL MOVE THE, AND YOU HAVE TO MAKE SURE THAT WHAT YOU'RE GRANTING IS NOT ZERO, WHICH IS WHAT THEY'RE ASKING FOR, BUT A THREE FOOT SETBACK, RIGHT? CORRECT.
REMEMBER THEY, THEY MOVED THAT THREE FEET.
SO THEY'RE SEEKING A THREE FOOT SETBACK, UH, UH, TO BE SET FOR, UH, SET APART BY A CURB, A SIX INCH CURB, YOU KNOW, BASICALLY INCORPORATING WHAT THEY REPRESENTED TONIGHT IN ADDITION TO THE FENCE THAT THEY ERECT BEING ON THEIR PROPERTY.
AND EVE, WHAT YOU SAID WITH THE STORM WATER MANAGEMENT MANAGE SOMEHOW.
YEAH, WE'LL PUT THAT IN THERE.
'CAUSE UM, IF THE NEIGHBOR, IF EVEN WITH ALL THAT THEY HAVE DONE, HE'S STILL GETTING WATER ON HIS PROPERTY, THEN WE CAN USE THAT LANGUAGE TWIN FOR HER TO MITIGATE THAT WITHOUT HAVING TO COME BACK.
AND ANTHONY, ANTHONY, UH, IF WE SAY THAT THEY WANT, THEY'RE GOING TO, UH, THEY ALSO AGREE TO, UH, PROVIDE A STORM WATER MANAGEMENT TO THE SATISFACTION OF WHOM, WHO WOULD IT BE? THE TOWN ENGINEER.
SO THAT REALLY ADDRESSES, I THINK ALL THE CONCERNS.
2136, BACK TO THE CIGAR LOUNGE.
THERE'S STILL OPEN ISSUES HERE THAT, UH, HAVEN'T REALLY BEEN, I MEAN, PROPERLY PRESENTED.
DO WE HAVE ANY OTHER CIGAR LOUNGE IN THE TOWN? UM, GARRETT, I KNOW THERE'S ONE IN MY PLAINS.
AND I KNOW THERE'S ONE IN YONKERS AND VIRGINIA ROAD.
ANTHONY, I BELIEVE THAT'S RETAIL.
UM, CIGAR SALES AND NOT LOUNGE.
I'M NOT AWARE OF ANY CIGAR BAR IN THE TOWN OF GREENBURG.
ALL, ALL THAT SAID, I KNOW YOU HAVE ISSUES AND THERE ARE ISSUES ALSO WITH PARKING BECAUSE IF YOU ADD UP JUST TWO OF THE USES, YOU ARE ALREADY AT 38 SPOTS.
[01:15:01]
INDICATED THAT THERE WERE THREE, TWO OR THREE OTHER USES THAT ARE, ARE IN THAT PROPOSED CIGAR LOUNGE, WHICH HE DIDN'T ACCOUNT FOR.UM, AND I DON'T THINK WE HAVE A TOTAL, UH, FROM ANTHONY OF THE REQUIRED NUMBER OF SPACES FOR THE OTHER USES AND THIS TOGETHER.
BUT, BUT ALL THAT SAID, PARKING IS NOT THE ISSUE AT THIS POINT.
THE ISSUE HERE IS WHETHER, UH, THIS IS A PERMITTED USE IN, YOU DON'T GET TO THE USE VARIANCE PORTION OF IT, WHICH HE CLEARLY NEEDS TO DO MORE WORK ON.
UH, UNLESS YOU FIRST FIND THAT IT'S NOT A PERMITTED USE.
SO YOU HAVE TO GO TO THIS, THIS, THE, UH, ZONING ORDINANCE AND FIND THAT THIS IS NOT, THIS DOES NOT FALL WITHIN A FULLY ENCLOSED COMMERCIAL RECREATIONAL FACILITY, WHICH INCLUDES BOEING ALLEYS, HEALTH SPAS AND CLUBS, TENNIS, PADDLE TENNIS, HANDBALL, UH, AND SQUASH FACILITIES, AND USES ACCESSORY AND INCIDENTAL TO COMMERCIAL TO COMMERCIAL RECREATION SUCH AS LOCKER ROOMS, EATING AND DRINKING FACILITIES, AND THE RETAIL SALE OF GOODS ASSOCIATED WITH THE PRIMARY ACTIVITY, WHICH IN THIS CASE WOULD BE CIGARS.
I DON'T, UH, ARE THEY PROPOSING TO SELL CIGARS? YES, ANTHONY? I BELIEVE THEY'RE, I BELIEVE SO.
NOT, NOT ON A RETAIL LEVEL, BUT ON A, UM, TO THE GENERAL PUBLIC, BUT TO THE MEMBERSHIP, I BELIEVE IS WHAT THEY PRIVATE MEMBER, RIGHT? RIGHT.
SO YOU HAVE TO, UH, WELL, WHERE, WAIT A MINUTE.
WHERE ARE MEMBERSHIP? DON'T WE HAVE ANTHONY SOMETHING IN THE ZONING ORDINANCE TO DEAL WITH MEMBERSHIP, UH, CLUBS? NOT ON THE CENTRAL AVENUE ZONE.
THERE ARE SOME OTHER ZONES THAT PERMIT PRIVATE CLUBS, BUT NOT IN CENTRAL AVENUE.
SO YOU HAVE TO FIRST ADDRESS THE ISSUE OF WHETHER OR NOT THIS IS A, NOT A PERMITTED USE OR THIS IS A PERMITTED USE.
IF YOU FIND THAT IT IS A PERMITTED USE, THEN WE HAVE TO GET INTO THE OTHER ISSUES, UH, AND ANALYZE WHETHER THERE'S ENOUGH PARKING, ET CETERA, ET CETERA.
SO WHILE I DO YOU AGREE WITH ME, ANTHONY? YES.
SO I WAS JUST GONNA SAY, WHILE I'M NOT, I DON'T OBJECT TO THIS USE AT ALL.
I DON'T THINK IT, IT QUALIFIES AS A COMMERCIAL RECREATION FACILITY GIVEN THE DEFINITION IN THE CODE.
AND SO I I WOULD SAY IT'S NOT PERMITTED.
I'D SAY IT'S A MEMBERSHIP CLUB, GIVEN THAT THAT'S HOW THEY DESCRIBE IT, UM, WHICH ISN'T PERMITTED, I GUESS IN THIS DISTRICT.
AND EVEN THE MEMBERSHIP CLUB IN THE GREENBERG CODE, THEY'RE CATERED MORE TOWARDS GOLF CLUBS.
THEY REQUIRE A LOT OF BROAD LAND.
I DON'T, I THINK THIS NEEDS, THIS IS A NEW USE THAT, THAT CODE THAT THE ZONING ORDINANCE SHOULD DEFINE.
THEY SHOULD HAVE A DIFFERENT, UM, DEFINITION AD YOU ARE PROPOSING AN AMENDMENT TO THE ZONING ORDINANCE.
NOT, NOT, I MEAN, UNLESS THE TOWN WANTS TO TAKE IT ON OR THEY COULD PROPOSE IT, BUT I, I DON'T, I DON'T THINK THEY, THEY'RE GONNA GET A USE VARIANCE.
PERSONALLY, I DON'T THINK THIS WOULD QUALIFY AS A, A FOR A USE VARIANCE.
THERE'S A LOT OF OTHER SIMILARLY SITUATED PROPERTIES ON SECOND FLOORS OF BUILDINGS.
UM, AND I DON'T THINK IT'S AN ENCLOSED, I CAN'T IMAGINE THAT THIS IS SOMEHOW A COMMERCIAL RECREATION FACILITY WHERE THE PURPOSE IS TO GO AND HANG OUT AND SMOKE CIGARS.
I MEAN, CHRIS, I AGREE WITH YOU, CHRIS
I MEAN, IT'S NICE THAT THERE'S A, I DOESN'T PASS THE BLUSH, IT DOESN'T PASS THE BLUSH TEST.
YOU KNOW, I I I THINK IT'S A NICE, I DON'T OPPOSE, I DON'T OBJECT TO IT, BUT IT RIGHT.
BUT NOT IN THIS, NOT IN THIS, IT'S NOT PERMITTED.
THEY DON'T PERMIT IT IN THIS ZONE.
AND THEY SHOULD, BUT THEY DON'T.
BASED ON THE DEFINITION THAT ED JUST READ FROM OUR CODE.
I ED CAN I ASK YOU A QUESTION PLEASE? UM, SO I AGREE WITH CHRISTIE IN THE SENSE THAT, UM, THERE'S A FAIR AMOUNT OF SECOND FLOOR, UM, SPACE ON CENTRAL AVENUE IN VARIOUS, UH, MIXED USE BUILDINGS.
UM, DOES THE FACT THAT THIS, THE NATURE OF THIS USE, UM, IT'S, IT'S NOT UBIQUITOUS UBI UBIQUITOUS THROUGHOUT QUARTERS IN, IN, IN MANY
[01:20:01]
MUNICIPALITIES, MEANING CIGAR BARS TYPICALLY ONCE THEY CARVE OUT THEIR NICHE, THAT'S KIND OF IT FOR THAT CORRIDOR.UM, DOES THAT FACTOR INTO THE BOARD'S CONSIDERATION THAT IT'S UNLIKELY THAT THERE WOULD BE A PROLIFERATION OF, OF SUCH USE? OR, UM, IS, IS THAT NOT THE, THE TYPE OF FACTOR THAT THE BOARD WOULD CONSIDER? NO, IT'S NOT.
I MEAN, IT WOULD, IT WOULD BE A FACTOR THAT MIGHT GO INTO WHAT, WHETHER TO AMEND THE ORDINANCE TO PERMIT IT, BUT IT HAS NOTHING TO DO WITH WHETHER IT, YOU KNOW, THE ISSUE THAT'S BEFORE THE BOARD TONIGHT AND THIS BOARD AS OPPOSED TO THE TOWN BOARD.
UM, I DID HAVE ONE OTHER QUESTION 'CAUSE THE APPLICANT DID INTIMATE SOMETHING, WHICH I HEARD A LITTLE DIFFERENTLY.
ANTHONY, MAYBE YOU CAN JUST CLARIFY WHAT HE WAS SAYING IN TERMS OF THEM MEASURING OUT THE, UM, RECREATION SPACE THAT IT WAS, HE WAS KIND OF INTIMATING THAT DUE TO THE, THE, THE MEASUREMENT OF THE RECREATION SPACE IN THE CONFERENCE ROOM.
THAT THAT'S WHAT KIND OF GAVE SOME, I GUESS, CREDENCE THAT IT MAYBE THOSE MEASUREMENTS WERE INCORRECT OR DOES THAT EVEN HAVE A, A BEARING IN IT? N NO, I THINK THAT WAS SOMETHING THAT THE BUILDING INSPECTOR ADDED TO HIS LETTER.
BUT IT WAS, THE DECISION WAS JUSTIFIED ON THE ZONING CODE ITSELF AND WHAT WAS PERMITTED WITHIN THE CODE.
I THINK THAT WAS JUST AN ADDITIONAL THING THAT HE PROVIDED, YOU KNOW, TO THE BOARD.
SUCH AS THE WAY HE VIEWED THE BREAKDOWN OF THE INTERIOR OF THE SPACE.
WELL, WHAT'S BASED ON THE RELATIVE SIZE OF THE DIFFERENT USES, SOME OF WHICH MAY FIT INTO A, A PERMITTED USE AND SOME NOT.
AND IN TOTAL, THE BUILDING INSPECTOR CAME TO THE CONCLUSION THAT IT WAS PREDOMINANTLY, UH, A, A USE THAT DID NOT FALL WITHIN THE PERMITTED DEFINITION.
SO, JUST TO GIVE YOU SOME GUIDANCE NOW, IF YOU ARE OF THE OPINION AND WHICH IT SEEMS TO BE THE CASE, AND I DON'T WANNA PUT WORDS IN YOUR MOUTH THAT THIS IS NOT A PERMITTED USE, THEN I THINK WHAT YOU SHOULD PROBABLY DO IS ADJOURN THE CASE TO PERMIT HIM TO ADDRESS THE USE VARIANCE IN GREATER DETAIL.
I THINK HE INDICATED THAT HE, HE RECOGNIZES HE NEEDS TO GET MORE THAN JUST THE BROKER'S LETTER, AND HE DIDN'T, THERE WAS SOME INFORMATION YOU REQUESTED AS TO WHAT THE REALTORS WERE MARKETING IT FOR, THAT THEY WEREN'T ABLE TO, UH, TO LEASE IT FOR.
UH, SO, UH, YOU KNOW, TO GIVE THE APPLICANT AN OPPORTUNITY TO TRY TO ADDRESS THE USE VARIANCE FACTORS.
ED WOULD, WOULD IT, WOULD IT HELP FOR THE BOARD TO STRAW VOTE THE APPEAL OF THE BILL AND INSPECTOR'S DECISION? SO YOU COULD PUT THAT PORTION OF THE CASE TO REST AND THE APPLICANT WOULD BE MADE AWARE OF THE FACT THAT, YOU KNOW, THE BOARD IS NOT GONNA DO THAT SO THAT VINNY COULD MOVE FORWARD WITH ASKING FOR THE USE VARIANCE IN PROVIDING WHATEVER ADDITIONAL INFORMATION TO THE BOARD? WELL, IT MIGHT HELP, UH, TO NARROW THINGS, BUT IF WE'RE PUTTING IT OVER ANYWAY, MAYBE HE CAN COME UP WITH SOME ARGUMENT THAT HE HASN'T SO FAR THAT, UH, MIGHT, UH, TRY AT LEAST GIVE HIM THE OPPORTUNITY TO TRY TO CONVINCE YOU OTHERWISE IT, WHILE HE'S WITH THE UNDERSTANDING THAT THE PRIMARY FOCUS IS GONNA HAVE TO BE, YOU KNOW, THE USE VARIANCE FACTORS, UNLESS HE CAN COME UP WITH SOME HERE TO FOR, UH, UH, UNUSED, UH, ARGUMENT, UH, ON THE ISSUE OF, UH, THE APPEAL.
YOU'RE, YOU'RE, WE WE'RE BASICALLY PUTTING IT OVER FOR ALL EARL PURPOSES.
WELL, I'M IN THE AGREEMENT WITH ANTHONY THAT, UM, YOU KNOW, TO BE STILL LOOKING AT A TWO-PRONGED, UH, APPROACH AFTER THREE MONTHS OR GOING INTO THREE MONTHS, UM, I DON'T THINK THAT REALLY MAKES MUCH SENSE, BUT I, I, SO I, I THINK WE SHOULD MAYBE DO THE STRAW VOTE AND SAY WHETHER OR NOT WE AGREE WITH THE, UH, BUILDING INSPECTOR'S INTERPRETATION, AND THEN IF THEY'RE LISTENING TO OUR DELIBERATIONS, AT LEAST UNDERSTAND THAT THERE'S A VERY STRONG DIRECTION THAT WE ARE GOING TO AGREE WITH THE BUILDING INSPECTOR AND WHETHER OR NOT HE WANTS TO SPEND ANY MORE TIME TRYING TO
[01:25:01]
COME UP WITH A CREATIVE WAY OF, UH, CHANGING OUR MINDS OR START LOOKING AT, UH, COMING UP WITH, UH, THE ARGUMENTS FOR USE VARIANCE.IF, IF ANTHONY, IF, IF WE WERE TO USE YOUR APPROACH, WE WOULD HAVE TO RENDER A DECISION, A FORMAL DECISION TONIGHT DENYING THE APPEAL.
AND I THINK WE'VE DONE, I'M NOT SURE THAT THE BOARD IS READY TO DO THAT.
WE'VE DONE I THINK IT WOULD BE, I, I'M, I'M AGAINST CHRISTIE'S AGAINST, SO WHO ELSE? SO WE JUST MOVE ON FROM HERE.
UM, MADAM CHAIR AND, AND WILLIAM, I, I WAS THINKING THAT I WOULD, WAS GOING TO ABSTAIN IF YOU DO A STRAW VOTE ON THIS ONE.
UH, WILLIAM, I COULD SEE CERTAIN THINGS THAT COULD BE DONE HERE.
SO, SO, SO GIVEN THE OPPORTUNITY THEN, MADAM PIPES INSTEAD OF CIGARS, NO.
YOU CAN'T CALL, UM, EVE, UH, FOR POSSIBLE SUGGESTIONS.
SO HE CAME BACK AND HE CAME BACK PROBABLY ABOUT 15 OR 20 TIMES.
SO THERE'S ALWAYS ROOM TO PERSUADE.
SO IF COUNSEL WANTS THE OPPORTUNITY, GIVE HIM THE OPPORTUNITY.
I'M, I'M, I'M, I'M OPEN IF HE SAYS SOMETHING AND, YOU KNOW, TO PERSUADE ME.
SO I'VE ALWAYS BEEN THAT WAY HERE.
SO LONG AS I'VE GOT 15 OR 20 MONTHS TO, UH, WORK WITH
SO WE WILL, UH, ADJOURN THIS TO NEXT MONTH, AND THE NEXT CASE IS CASE 2138.
AND HAS EVERYONE HAD A CHANCE TO REVIEW A DRAFT OF WHERE WE ARE WITH THIS? YES.
ANYTHING THAT NEEDS TO BE ADDED, SUBTRACTED, OR, UH, EXPLAINED? NO, I THOUGHT IT WAS GOOD.
IT USUALLY IS
CAROL, DO YOU, UM, CAN YOU HELP ME OUT? YEAH, I MAY HAVE IT RIGHT.
IT COULD BE A NINE, BUT IT'S DEFINITELY THE 20 SOMETHING
LET ME GET MY MAGNIFYING GLASS OUT.
MUST TELL YOU WHAT, IT'S, WELL, BY THE WAY, EVERYONE, UH, JUST THOUGHT I'D LET YOU KNOW TODAY.
WE GOT A, WE GOT A DECISION FROM THE APPELLATE DIVISION AFFIRMING YOUR GRANTING OF THE VARIANCE TO SHE BORNE, BELIEVE IT OR NOT, THAT WAS STILL BEING LITIGATED TO SHELL BORNE.
NO, NO, THAT WAS ON THE APPEAL.
WAS THAT THE HIGHEST, WHAT WAS THAT THE HIGHEST COURT? CLOSE THE VOTE.
NO, BUT THEY'LL KEEP GOING, DON'T YOU? NO, NO.
[01:30:01]
IS VERY RARE, VERY RARELY GRANTS, UH, UH, LEAVE TO APPEAL.WHAT WAS THE VOTE? EVE SAID WHO, WHO WAS ON IT? WHO, WHICH JUDGES? YEAH.
I DON'T HAVE IT IN FRONT OF ME.
FRANKLY, I'D FORGOTTEN ALL ABOUT THE CASE.
I FORGOT I EVEN SUBMITTED A BRIEF ON IT.
I JUST THINK THE, THE, THE FACILITY, 3000 FACILITY, IT'S ASSISTED, IT'S CALLED SUCCESSION.
THE, THE ASSISTED LIVING FACILITY RIGHT THERE IN EDGEMONT, RIGHT? YES.
IT'S, IT'S A FIVE EVE ON ON THAT.
YEAH, I GOT, I GOT OFF THE, THE OLD MAGNIFYING GLASS.
SO I CAN'T, IT'S NOT GONNA BE APPEALED, KRISTY.
NOW THEY HAVE, NOW THEY HAVE TO DECIDE IF THEY WANNA SUCCEED FROM THE UNION OR WHAT THEY'RE GONNA DO.
I DON'T THINK THEY GOT THAT EITHER THERE.
CAN WE GO ON WITH JURG TEMPLE? YES, WE CAN.
UH, JANUARY 25TH, 2021, ROWAN SAW THROUGH HIS, HIS MAGNIFIED
SO ARE WE ALL, ALL IN AGREEMENT? WE HAVE A STRAW VOTE THAT, UM, WE'RE GOING TO GRANT THE APPLICATION.
AND NEXT WE HAVE 2202, THE, WELL, THE WELL PRESENTED APPLICATION BY MS. KELLER PERKINS.
I HAVE TO SAY THIS IS ON SEVEN READ LANE.
SEEMS LIKE WE HAVE QUITE A FEW, UH, DRIVEWAY SETBACK.
SIDE YARD AND LEANING DRIVEWAYS TOO.
DON'T EVERYBODY SPEAK AT ONCE? UM, YEAH, WE HAVE, I MEAN, NEIL, THE ONLY RESERVATION I HAD, I WAS ORIGINALLY THOUGHT LIKE MAYBE SHE COULD SCOOCH IT, YOU KNOW, A COUPLE INCHES, YOU KNOW, FURTHER TOWARDS HER HOME, BUT LIKE SHE DOES HAVE THE WATER AND THE GAS THERE AND, AND IT'S ALL COMING RIGHT TOWARDS HER HOME.
THAT'S WHY THEY DIDN'T PUT A BASEMENT IN IT, I WOULD IMAGINE.
BUT WE PROBABLY SHOULD PUT THAT IN THERE BECAUSE SINCE WE'RE GETTING THESE AND WE'VE BEEN, UM, WE CERTAINLY, I CAN'T REMEMBER IF WE'VE EVER GONE ZERO WHERE WE ZEROED OUT THE, UM, THE LOT LINE.
WHERE YOU HAVE A, WELL, YOU, WE'VE GIVEN I BELIEVE VARIANCES WHERE, UH, THE, THE DRIVEWAY STRADDLES THE LINE AND IS USED BY BOTH.
I SO THE GAS LINE SHE SAID IS HERE.
AND WHAT ELSE? WATER, WATER, WATER, WATER, WATER.
UH, LET ME SEE IF I FIND MY DECISION.
WE HAVE A NEW VARIANCE, YOU KNOW, BUT IT'S, WE DO, IT'S IN A WORD DOCUMENT, SO YOU CAN GO RIGHT IN.
YEAH, NO, I SAW, I'M PULLING UP, I MEAN, A NEW ONE SINCE NO, I JUST SENT IT, I SENT THE SAME ONE JUST TO MAKE SURE THAT EVERYBODY, I, I'M HAVING TROUBLE WITH IT, BUT I'M WORKING WITH IT.
OH, WHAT ARE YOU SAYING, CAROL? NOT THE ONE THAT I JUST DRAFTED.
NO, THIS ONE IS A, THIS ONE IS A DENIAL.
THAT ONE THAT I HAD, THERE WAS A DENIAL.
OH, HERE'S ONE THAT'S GRANTED.
NOW WHAT I WAS TRYING TO SAY IS THAT I FORWARDED THIS ED'S VIS FORM.
AGAIN, NOT ANYTHING DIFFERENT.
THIS IS SOMETHING THAT ED DID.
LISTEN, I'M GONNA USE THE ONE THAT I HAVE HERE FROM 20 20 30, YOU KNOW, SO TRYING TO MAKE IT EASY, BUT THANK
[01:35:01]
YOU.NO, THE E THE EMAIL SHE SAID CAME AT 3 55 TODAY.
ALRIGHT, EVE, YOU HAVEN'T DISCUSSED THE 2203.
WE'RE GONNA, WE'RE GONNA IT NOW.
PROPERTY AT 11 POLE STREET BY DEVI DATED JANUARY IN THE MIDDLE OF ZONING, THE A DATE, JANUARY, JANUARY 26TH.
IS THERE ANY DISCUSSION THAT ANYONE WANTS TO ENGAGE IN AT THIS MOMENT? ANY QUESTIONS WE WANT TO ASK? OTHER THAN MY SUGGESTION THAT PERHAPS THEY DON'T NECESSARILY NEED THAT ADDITIONAL ACHE, FEET OF IMPERVIOUS, UH, SURFACE.
THAT WOULD BE MY, YEAH, I STILL
YOU KNOW WHAT I'M TALKING ABOUT.
AND IF YOU TAKE 40.75% OF THAT, THAT'S 3,905 CAN BE COVERED.
SO IF YOU DO THAT MATH, THAT'S A 20% VARIANT INCREASE.
YOU KNOW WHAT I'M SAYING? IN THE COVERAGE ON THE PROPERTY, RIGHT? YES.
BUT I DON'T THINK, I DON'T THINK HE WAS SAYING
I THINK HE WAS SAYING IT WAS 80.9% OVER WHAT WAS PERMITTED.
NO, I KNOW THAT THAT'S WHAT
BUT IF I BREAK THAT DOWN INTO SQUARE FOOTAGE, IT'S ACTUALLY A 20% INCREASE IN THE COVERAGE ON THE LAND.
IT'S 20% INCREASE OF WHAT'S PERMITTED, BUT IT'S AN 8.9% INCREASE OVER WHAT'S ALLOWED BY ZONING.
WAIT, A, WHAT'S THE DIFFERENCE BETWEEN WHAT'S PERMITTED AND WHAT'S BACK UP? BECAUSE WHAT, WHAT CHRISTIE IS SAYING IS THAT IT'S A 20% INCREASE IF YOU GO BY SQUARE FEET.
IN TERMS OF THE SQUARE FOOTAGE THAT'S COVERED IN TERMS OF THE SQUARE FOOTAGE, IN TERMS OF THE PERCENTAGE OF THE LOT IT WAS OVER, WHAT WAS PERCENT OVER WHAT WAS PERMITTED WAS I GUESS 8.9% INCREASED TO 49% FROM WHAT WAS INITIALLY PERMITTED BY ZONING, WHICH WAS 40.75%.
SO ACTUALLY I ACTUALLY, IT'S NOT EXACTLY 8.9.
I'LL TAKE A LOOK A CLOSER LOOK AT HIS NUMBERS THAT HE SUBMITTED.
IF YOU JUST DO THE SUBTRACTION OF THE PERCENTAGES, IT'S 8.25% THE DIFFERENCE.
BUT IF YOU DO THE, THE, THE ACTUAL NUMBERS, IT'S A 20%, I GUESS INCREASE IN THE AMOUNT.
20% INCREASE OVER WHAT'S COMMITTED BY SQUARE FOOTAGE, BUT BY PERCENT, YES.
JUST LOOKING AT IT THAT WAY, IT'S MORE SUBSTANTIAL THAN LOOK LIKE THAT'S MUCH MORE SUBSTANTIAL THAN 8.25%.
UH, KRISTA, YOU OBVIOUSLY AREN'T IN MARKETING
IT'S ACTUALLY QUITE A BIT, YOU KNOW, 20%.
I MEAN, JUST LOOKING AT IT, YOU CAN SAY, WOW,
YEAH, THERE'S AN IN OUR THINGS BEFORE HE CORRECTED THAT, IT SAYS THEY'RE REMOVING ALL OF THAT, WHICH I THOUGHT, GREAT,
[01:40:01]
WILL SEND SOMETHING OUT, GIVEN THEM DIRECTION THAT THEY'RE LOOKING TO SEE SOME, THAT THE BOARD IS LOOKING TO SEE SOME OF THE IMPERVIOUS AREA REMOVED.ALSO, IF YOU REFER, IF YOU LOOK AT THE PICTURE, THE DRIVEWAY LOOKS AWFULLY, IT SORT OF WIDENS AS YOU GET TO THE STREET.
SO THE QUESTION IS WHETHER YOU WANT TO CONSIDER HAVING THAT NARROWED SOMEWHAT, WHICH WILL DEDUCT FROM IMPERVIOUS.
MAKE IT A STRAIGHT LINE RATHER THAN A, AN HOURGLASS SHAPE.
WELL, I MEAN, THE WAY HE DESCRIBED IT, THE CARS ARE, YOU KNOW, IN PARALLEL.
SO I DON'T KNOW HOW YOU GET OUT.
YOU CAN'T GET PAST ANY OTHER CAR.
IT LOOKS, THE, THE WAY IT LOOKS NOW, IT APPEARS THAT A CAR COULD GET IN OFF THE STREET, AT LEAST AT THE MOUTH OF THE DRIVEWAY.
AND THEY'RE JUST LIKE LINED UP GOING DOWN.
SO I DON'T SEE WHERE IT, IT MAKES IT EASIER TO GET IN AND OUT OF THE PROPERTY AT ALL.
I DON'T, IT'S JUST FOR, IT'S JUST FOR PARKING.
I LIKE, I'M OKAY WITH THE, THE PATIO THAT'S BACK THERE, YOU KNOW, IF THEY WANNA KEEP THAT AND THEN MAYBE JUST LIKE WE SAID, CUT DOWN ON THAT OTHER YEAH.
AND MAYBE WE DON'T HAVE ANY NAB DO WE HAVE ANY NEIGHBORS FOR THIS ONE? NOTHING.
RIGHT? SO MAYBE WE GOT EMAILS.
SO I, I WILL CONVEY IT TO THE DESIGN PROFESSIONAL.
ANTHONY, YOU HAVE TO DO A REVISED DENIAL ON THAT AFTER, AFTER THE, YEAH, FOR THE, UH, THE EXISTING HOUSE.
WE FOUND THAT THE EXISTING HOUSE WASN'T CONSTRUCTED TO THE PROPER SETBACK BACK IN 55 OR 56.
SO WE HAVE DURGA, KEL, PERKINS, ERPI.
OKAY, LET ME DIG UP MY SEEKERS, UNLESS YOU ARE ALL READY.
GIMME, GIMME, GIMME, GIMME A FEW MINUTES HERE.
RUED, YOUR NEW FORM HAS A WHOLE LOT DIFFERENT LITTLE AREAS IN HERE.
I WILL BE SENDING YOU A DRAFT LANGUAGE WITH THE, UH, THE, THE INFORMATION ABOUT THE BUREAU OF ENGINEERING.
UM, UNLESS YOU'RE ALL SET, YOU CAN SEND IT.
I JUST TYPED UP A WHOLE, I I I HAVE A DISSERTATION HERE.
I'M JUST TRYING TO FIGURE OUT A WAY TO PUT THIS IN HERE.
PUT IT IN THE NEW ENVIRONMENTAL, UH, FACTOR FOUR.
NEW FACTOR FOUR, RIGHT? FACTOR FOUR UNDER FINDINGS, NOT OH, OH YEAH, YEAH, RIGHT.
BUT NOW WHAT IS THIS NEW
NO, I DON'T SEE WHERE YOU'RE SAYING.
IT DOESN'T SAY CONDITIONS UNDER MOTION.
IT SAYS CON PROVIDED THAT THEN YOU HAVE CONDITIONS AND THEN IT SAYS, PROVIDED THAT THE FOLLOWING CONDITIONS ARE.
I THINK IT SAYS THAT'S WHERE I WROTE IT.
BUT THEN WHAT IS THIS NEW AREA HERE?
[01:45:01]
IN ORDER TO DO SO, THE APPLICANT REQUIRES THE FOLLOWING VARIANCES FROM THE PROVISIONS OF THE ZONING ORDINANCE.DESCRIBE THE VARIANCE AS REQUESTED.
YEAH, YOU JUST REPEAT WHAT, WHAT THEY WERE APPLYING FOR.
WILLIAM, I JUST SENT THAT TO YOU IN THE CHAT.
NOPE, I DON'T HAVE IT IN MY, IN THE CHAT.
YOU IN CHAT OR EMAIL? I CAN, I CAN DO EMAIL, BUT IT WAS THE CHAT IN THE, UM, ZOOM HERE.
THE ONLY THING I HAVE IS ANTHONY'S NOTE.
I'M HAVING PROBLEM WITH AUDIO.
OKAY, LEMME CLOSE IT OUT AGAIN.
THAT ENABLING APPLICANT STATES THAT SHE RECENTLY RECEIVED A VIOLATION.
WHAT, WHAT'S GOING ON MY COMPUTER? NOTHING.
DID YOU GET THE TEST I JUST SENT YOU, GARRETT? OH, I DON'T THINK I HIT SEND
LEMME FIGURE OUT HOW TO WRAP THAT INTO THIS.
ALL RIGHT, I'M GONNA HAVE TO JUST, CAROL, I'LL GET THIS TO YOU AFTER I CLEAN THIS THING UP.
OKAY? LET ME, UH, GET BACK TO WHAT I WAS WRITING.
WOULD YOU SAY WE'RE A COUPLE MINUTES AWAY SO I CAN ALERT THIS STENOGRAPHER? YES.
AND WILLIAM, LET ME KNOW WHEN YOU, WHEN YOU'VE DONE, FINISHED, WHAT YOU'RE DOING NOW.
[01:50:02]
SINCE THERE'S A GAS LINE, SINCE THERE'S A GAS LINE AND WATER LINE, UM, UH, THE ONLY THING IS THE WATER.PER SURFACES, THE WATER CUT OFF, RIGHT? YEAH.
AND IT'S, AND IT'S RIGHT THERE, UH, TO THE LEFT, RIGHT WHERE SHE WAS POINTING IN THAT LITTLE BUFFER.
OR IS IT UNDER THE DRIVEWAY? IT'S UNDER THE DRIVEWAY.
IT'S NOT IN THE, THE DRIVEWAY ON THE OTHER SIDE.
IT'S, IT'S NOT ANYWHERE NEAR THE SETBACK, RIGHT? OH, IT'S NOT NEAR THE SETBACK.
OKAY, SO SHE'S TRYING TO, SO ON A MIDWAY.
AND THE GAS LINE IS THERE ALSO.
NINE R UNDER THE, THE, THE REQUESTED VARIANCE IS NOT, IT IS, BUT IT IS SUBSTANTIAL.
I CAN'T FIGURE THIS PERCENTAGE OUT NOW.
CALCULATOR
YEAH, I'M, I'M TRIPPING OVER THIS NEW FORM.
THERE'S 2.9 HERE WITH 12 FEET.
12 FEET A QUARTER A, I DON'T KNOW HOW MUCH IS THAT? OVER 92.
UM, UH, AND, UM, ALMOST, ALMOST 75% INCREASE, ALTHOUGH ONE OF THE, OKAY, I'M DONE.
UH, SORT OF THE PERCENTAGES, THE PERCENTAGES FOR THE RELIEF.
I'M SITTING HERE TRYING TO CALCULATE THIS FROM THIS LAST PROPOSAL.
I DON'T HAVE MY, THE PHONE IS MY CALCULATOR.
UH, GARRETT OR ANTHONY, IF YOU COULD JUST LOOK AT THE BUBBLED AREA THAT THEY PROPOSED ARE, ARE THOSE THE PERCENTAGES THAT ARE BEING REQUESTED? THE SIDE YARD.
I CAN'T GO BY THE ORIGINAL ONE.
IT HAS TO BE THAT LAST SUBMISSION THAT SHE SUBMITTED THAT HAD THE LETTER THAT'S, THAT INDICATED THOSE POINTS.
AND THEN IN THAT A ONE, A TWO, A THREE DOCUMENT ON THAT FIRST PAGE ARE THE PERCENTAGES THAT THEY'RE PROPOSING
[01:55:01]
DOES REQUIRED ORIGINAL, EXISTING, AND I GUESS IT'S A NEW PROPOSAL.WELL, THE DRIVEWAY WE KNOW IS THREE FEET, SO IT'S 12 PERMITTED.
I KNOW THAT'S SOMETHING DIFFERENT TOO.
I DON'T HAVE THE PLANS IN FRONT OF ME.
UM, COULD, COULD YOU RECITE THE, THE CALCULATION YOU'RE LOOKING TO HAVE COMPUTED AS COMPUTED.
I'M GONNA TRY TO READ FROM THE, THE DOCUMENT THEY HAVE.
THE FIRST PART WAS THE ZONING REQUIREMENTS.
THEY WENT WITH THE LOT, COVERED THE LOT AREA, UH, LOT FRONTAGE.
THEN THEY GAVE THE CO OVERALL COVERAGE PERCENTAGES, UH, PRINCIPAL BUILDING, ACCESSORY BUILDING, UH, TOTAL BUILDING, IMPERVIOUS SURFACE.
UM, THEN PROPOSED REDUCTION FROM EXISTING, LIKE THESE NUMBERS ON, AT LEAST ON THIS DOCUMENT THAT I HAVE, ARE NOT ADDING UP TO WHAT THEY SAID.
BECAUSE IN THE LETTER IT SAYS THAT THE DRIVEWAY WOULD BE REDUCED BY 83 FEET.
AND ON THIS DOCUMENT IT SAYS 107.9 FEET IN PARKING IN THE REAR YARD.
AND THAT ORIGINAL LETTER, LEMME TAKE THAT.
AND THIS ORIGINAL LETTER, THEY GAVE SOME PROPORTIONS AS TO, UM, REDUCING THE, THE LENGTH OF THE DRIVEWAY TO 83.0, UM, FOUR AND REDUCING THE COVERAGE BY 798 SQUARE FEET.
I CAN'T CORRELATE ANY OF THOSE NUMBERS WITH WHAT HAS OH, ON, I'M LYING.
THE IMPERVIOUS SURFACE, I CAN FIND THAT THAT'S HERE.
BUT THE LENGTH OF THE DRIVEWAY, THEY DON'T ADD SOMETHING.
IN 83, THE, UM, YOU, YOU, YOU WANNA CITE THIS AS RATIONALE IN SUPPORT OF THE VARIANCE.
'CAUSE THERE'S NOT A LENGTH OF THE DRIVEWAY, UM, VARIANCE.
BUT THAT WAS PART OF THEIR SUBMISSION IS THAT THEY WOULD REDUCE THE DRIVEWAY TO A CERTAIN, WE DON'T NEED TO NOTE THAT.
WELL, THEY SAID THEY WOULD RE WOULD MOVE THE ACCESSORY, THE CARPORT.
THEY'RE MOVING THE CARPORT FORWARD, CLOSER INTO THE HOUSE SO THAT IT WOULD REDUCE THE LENGTH, LENGTH OF THE DRIVEWAY.
SO IN THE SUBMISSION IT SAYS WE ARE SUBMITTING THE FOLLOWING CHANGES TO OUR APPLICATION.
WE PROPOSE TO REDUCE THE LENGTH OF THE DRIVEWAY TO 83.04, REDUCING THE COVERAGE BY 798.97 SQUARE FEET.
IN DOING SO, WE WILL MOVE THE CARPORT CLOSER TO THE HOUSE.
IT REMAINS IN THE SETBACK AND WILL STILL NEED A VARIANCE.
BUT MOVING THE CARPORT INTO THE YARD WILL REQUIRE THAT THE DRIVEWAY MEET BE MADE LONGER.
SO THERE'S A LITTLE DOUBLE TALK THAT'S IN THERE, BUT I CAN GET PAST THAT.
WE ARE ALSO ADDING A 36 INCH BUFFER BETWEEN THE DRIVEWAY AND THE ADJACENT NEIGHBOR.
THIS BUFFER WILL HAVE A CURB AND PLANTING TO PREVENT RUNOFF ONTO THE NEIGHBOR'S PROPERTY.
WE WILL ALSO BE ERECTING A SIX FOOT FENCE ALONG THE PROPERTY LINE FOR THE SAID PURPOSE OF SNOW.
NOT GOING ON THEIR YARD, IS WHAT SHE SAID IN HER PRESENTATION.
IN, IN ADDITION TO THE ABOVE, WE DEVISED A STORMWATER MANAGEMENT PLAN TO TAKE THE RUNOFF FROM THE ADDITIONAL IMPERVIOUS SURFACES OF 957.3 SQUARE FEET MORE THAN THE ORIGINAL.
SINCE THE DRIVEWAY SLOPES BOTH TO THE FRONT AND THE REAR, THE EDGE OF THE HOUSE, WE WILL LIKELY MANAGE THE WATER IN BOTH THE FRONT LAWN AND THE REAR LAWN.
OKAY, NOW ANTHONY, CAN YOU FIGURE OUT WHAT THAT MEANS?
SO WHAT'S YOUR QUESTION, WILLIAM?
THEY STILL DO AN ACCESSORY STRUCTURE FOR THE SIDE YARD.
SO THAT'S THE CARPORT, RIGHT? SO ORIGINALLY THE CARPORT THEY WERE, IT WAS 4.5 FEET.
BUT IT LOOKS NOW AT, MAYBE IT'S SIX FEET NOW, JUST BASED ON THIS DRAWING.
[02:00:01]
THE THREE FEET ADDED TO THE 4.5? NO, I THINK, NO.IF THEY'RE SAYING THE SETBACK FROM THE ACCESSORY STRUCTURE IS NOW SIX, THEN, UH, YOU, YOU, YOU WANNA SPECIFY THAT AS OPPOSED TO THE 4.5? I THINK THAT WE HAVE TO YES, ABSOLUTELY.
BECAUSE I JUST WANNA MAKE SURE THAT I'M READING THAT RIGHT.
AND THEN, SO THEN THE SECOND VARIANCE, THE DRIVEWAY SETBACK, INSTEAD OF IT BEING ZERO, IT'S GOING TO BE THREE FEET.
SO THREE FEET AND SIX FEET, RIGHT? IS THAT RIGHT? AM I RIGHT?
THIS, THIS ONE HERE WORKED ME A LITTLE BIT TODAY.
WHERE'S MY PEN? AND IF YOU WANNA CITE THE DRIVEWAY LENGTH, YOU COULD SAY THE DRIVEWAY LENGTH SHALL BE REDUCED.
UM, CONSISTENT WITH THAT SHOWN ON THE, UH, THE PLAN SUBMISSION AND REFERENCE THE DATE.
AND, AND YOU COULD SAY TO THE OVERALL LENGTH OF 83.04, RIGHT?
I'M SORRY, I WAS MUTED BEFORE AND I WAS TALKING, I WAS CHIMING IN FOR LIKE FIVE MINUTES AND ID THOUGHT YOU HAD GONE TO MAKE A SANDWICH.
I'M GONNA AGAIN SEND YOU SUGGESTED LANGUAGE.
OKAY? APPRECIATE YOU IN THE CHAT.
I'M GONNA SEND THAT, RIGHT? I'M GONNA SEND IT IN A MOMENT.
THE BIGGEST THING IS THIS, THIS, I GOTTA GET THIS FORM, UH, TO REDUCE ON MY, UH, COMPUTER, ON MY LAPTOP.
OH, HERE'S A NEW FORM YOU'RE TALKING ABOUT, CAROL.
WHAT HAPPENED? WHAT, WHAT, WHAT IS THIS? WHAT IS THIS FINDINGS? IS THIS FINDINGS? APPLICANT OWNS OCCUPIES ON CONTRACT.
THAT'S WHAT I WAS TALKING ABOUT.
I I'M USING THE OLD FORM ANYWAY, LET ME DOWNLOAD THIS.
UH, WHAT DO YOU WANT? THAT'S WHAT I WAS TALKING ABOUT.
YOU WANT THE OLD FORM? 'CAUSE I'M EMAILING CAROL, THIS DECISION, I'LL COPY YOU ON IT AND SEE IF YOU CAN TWEAK IT AND LET IT WORK.
IT'S HARD TO CHANGE THESE OLD DOGS.
[02:05:01]
I SENT IT AGAIN.I JUST, I'M JUST GONNA MUMBLE THROUGH IT A LITTLE BIT AND ADD SOME, SOME TIME ON HIS HAND.
SO DID ANY OF YOU WIN ANY MONEY ON THE GAME? GAME RESULT IS NOT FINAL YET.
THE VICE PRESIDENT HAS THE, HAS THE AUTHORITY OVERTURN, KEEP POLITICS OUTTA HERE.
HE HAS THE, HE HAS THE AUTHORITY TO DECLARE CINCINNATI THE WINNER.
I'M, I'M COMING, BUT I'M LISTENING TO NO, JUST MAKE SURE YOU SAY THAT WHAT YOU'RE GRANTING IS NOT WHAT THEY'RE REQUESTING.
THEY'RE REQUESTING A 4.5 FOOT SETBACK TO THE, UH, CARPORT AND IT IS NOW SIX.
AND THE SETBACK FROM THE DRIVEWAY, THEY WERE REQUESTING ZERO AND IT'S NOW GOING TO BE THREE.
SO YOU SHOULD ADD THAT AS A SENTENCE IN THE FINDINGS.
I'M MAKING THIS, UH, IS IT, IS IT CORRECT THAT THEY HADN'T ACTUALLY CHANGED THE RIGHT OF WAY ON THE DRIVEWAY? BECAUSE WHEN THEY MENTIONED REDUCE IT TO THE ORIGINAL, WAS THERE AN ACTUAL CHANGE MADE TO IT? DO WE KNOW? BECAUSE IF YOU LOOK AT THE PLAN PRIOR TO THE ORIGINAL PLAN, IT WOULD SHOW THAT THAT DRIVEWAY STOPPED AT THE SIDE, AT THE, AT THE EDGE OF THE FRONT OF THE HOUSE.
NO, NO, I'M TALKING ABOUT THE, THE, UM, RIGHT OF WAY.
THE PART THAT WHERE WE, IF YOU LOOK AT THE DRIVEWAY WHERE THE CURB CUT IS, RIGHT? YEAH.
THE, THE CURB COAT WAS WADDEN.
SO THEY'RE GONNA RETURN THE CURB CUT BACK TO THE ORIGINAL.
YEAH, YOU MENTIONED THAT
YOU COULD SAY, WILLIAM, YOU COULD SAY REDUCE THE CURB CUT IN ACCORDANCE WITH THE PLAN SUBMITTED.
SO CAROL DOESN'T TELL ME TO SEND IT AGAIN RIGHT THERE.
I KNOW WE HAVE TO GIVE IT TO, OH, IT'S RAINING.
[02:10:01]
A PARTY TONIGHT.YEAH, I RAN TO U P S BEFORE I CAME HERE AND I PASSED BY.
I'M LIKE, YOU LOOK LIKE SHE'S IN THERE PARTYING.
IT STARTED WITH COVID, BUT NOW IT'S REALLY BECOMING AN ANNOYANCE IN SOME SENSE.
I, I JUST, I DON'T DO IT BECAUSE OF THE RISK.
UH, ARE WE ALL DONE? I GUESS SO.
THIS FIRST, SO THAT'S WHY WE HAVE TO GO BY.
I'M JUST GOING THIS, I HOPE THIS READS WELL.
I'M GONNA BE JUMPING BETWEEN TWO POINTS AND, UM, IF I MISSED SOMETHING, ED, JUST ADD IT IN.
WHERE'S MY AGENDA? OH MAN, WHAT'S UP TONY? WHO'S GIVING THE WORD FOR US TO GO ON? AND THE OTHER THING TOO IS ON THAT LETTER, IT'S ERIC.
ERIC, WHERE IS HE? YES, YOU'RE ALL SET TO START WHENEVER YOU'RE READY.
WILLIAM HAD SOMETHING ELSE HE WANTED TO SAY.
NO, JUST TO RECEIVE STAMP ON THAT LAST DOCUMENT.
I'LL, I'M JUST GONNA AMEND THAT TO 22.
THERE'S JUST PROBABLY AN ERROR.
HAVE YOU MADE THAT CHANGE FOR OTHER DOCUMENTS, KAREN? OH BOY.
NO, I MEAN FOR OTHER, THE, THE STAMP, YOU HAVE TO CORRECT THE STAMP.
OH, WELL I THINK I WROTE THE CASE IN THERE'S NO, IT'S NOT THE DATE, IT'S THE NUMBER, RIGHT? NO, NO, NO.
WE'RE TALKING ABOUT BUT IT WAS STAMPED THEN THE SUBMISSION.
ALL OF THEM SAY THAT, BY THE WAY.
ARE WE, ARE WE GOOD? WE'RE GOOD.
WITH RESPECT TO THE RESULTS OF OUR DELIBERATIONS THIS EVENING.
AND CASE 2111 PROPERTY OF LAUREL STREET HARTSDALE IS GOING TO BE ADJOURNED TO APRIL 28TH, 2022 AT THE REQUEST OF THE APPLICANT.
AT THE REQUEST OF THE APPLICANT CASE, 2126 BLOOM ENERGY CORP IS BEING ADJOURNED TO MARCH 24TH, 2022 FOR ALL PURPOSES.
WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE AND WHEREAS THE GREENBERG C B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT.
NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
AND JUST FOR EVERYONE TO BENEFIT THE UH, APPLICANT IS MS. ARY.
AND DO I HAVE A MOTION? YES, MADAM CHAIR, YOU DO HAVE A MOTION.
I MOVE THAT THE APPLICATION IN CASE NUMBER 21 DASH 34 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
[02:15:01]
THE PLANS DATED FEBRUARY 7TH TO 2022.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 A DIFFERENT OR GREATER VARIANCE THAN WE, THAN WHAT WE ARE GRANTING HEREIN.
DO WE HAVE TO READ THIS NOTE? IF THE APPLICANT, OH NO.
IF THE APPLICATION IS TO LEGALIZE WORK DONE WITHOUT A PERMIT, THIS CAN NO, NO, YOU DON'T HAVE TO.
THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.
ANY FURTHER OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES.
EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK OR OTHER VARIANCES.
WE, WE HAVE APPROVED HEREIN FIR FURTHER.
FURTHER THAT THE FOLLOWING CONDITIONS SHALL BE MET.
THE APPLICANT WILL REDUCE THE LENGTH, THE OVERALL, OH, I'M SORRY.
UM, YOU KNOW WHAT, I'M JUST GONNA READ GARRETT'S PART, UM, AND THEN I'LL PUT THE REST BACK IN.
THE PLAN SUBMITTED FOR THE BUILDING PERMIT SHALL REFERRED TO THE BUREAU OF ENGINEERING FOR REVIEW TO ENSURE THAT THE PROPOSED DESIGN AND RELATED MITIGATION, WHICH INCLUDE A SIX INCH CURBING AND THE THREE FOOT GREEN SPACE AS IDENTIFIED ON PLANS DATED FEBRUARY 7TH, 2022, DO NOT INCREASE STORMWATER FLOW TO THE NEIGHBORING PROPERTY TO THE EAST 88 WINDHAM.
FURTHERMORE, UM, WAIT ONE SECOND.
THE, THE PLANS ARE DATED FEBRUARY 5TH.
UM, YEAH, IT WAS FILED FEBRUARY 7TH.
FEBRUARY 5TH OF THE PLANS, OH, EXCUSE ME.
MAYBE I'M, AM I LOOKING AT THE WRONG THING? IT SAYS FEBRUARY 7TH.
THE LETTER IS FEBRUARY 7TH, BUT THE, THESE PLANS ARE FEBRUARY 5TH.
THEY WERE STAMPED IN FEBRUARY 7TH, RIGHT? THIS IS FEBRUARY 5TH.
IF YOU LOOK NEXT TO THE BOX DOWN AT THE LOWER RIGHT TO JUST TO THE LEFT OF IT, IT SAYS REVISION 2 5 22.
UM, THE CURB CUT WILL ALSO BE RESERV, UH, RESTORED AS PER PLANS DATED FEBRUARY 5TH, 2022.
UM, THE OVERALL LENGTH OF THE DRIVEWAY MUST BE REDUCED TO LENGTH OF 83.0 FEET AS DEPICTED ON THE APPROVAL PLANS DATED FEBRUARY 5TH, 2022.
WHAT ELSE I NEED TO SAY HERE? UM, WATER MITIGATION, I'M COMING, COMING, COMING, COMING.
THE APPLICANT WILL ALSO ADD A THREE FOOT BUFFER BETWEEN THE DRIVEWAY AND THE PROPERTY OF THE, THE PROPERTY LINE OF THE NEIGHBOR.
THE BUFFER WILL HAVE PLANTINGS TO ASSIST WITH WATER RUNOFF COUPLED WITH A MINIMUM SIX INCH CURB, THE LENGTH OF THE DRIVEWAY.
THE APPLICANT WILL ALSO WRECK A SIX FOOT FENCE TO PREVENT SNOW FROM BEING PLACED IN A NEIGHBOR'S YARD.
SLOP AND PITCH, AS I SAID, WOULD BE APPROVED BY THE, UM, BUILDING DEPARTMENT AND STORM MITIGATION APPROVED AS WELL BY THE BUILDING DEPARTMENT.
NO, NOW WE HAVE TO VOTE ON THE MOTION.
I'M READING SECOND FOUR DIFFERENT DOCUMENTS.
WAIT, HER REPORTER HAS HER HAND UP.
AND DO WE HAVE A VOTE? OH YES.
GOTTA FIND THE FINDINGS AND GRANTING THIS APPLICATION.
THE ZONING BOARD HAS WEIGHED THE BENEFIT TO BE DERIVED BY THE APPLICANT.
WIDEN THE SCREEN BY THE APPLICANT FROM THE PROPOSED VARIANCES AGAINST THE IMPACT OF THE VARIANCE MIGHT HAVE ON THE SURROUNDING NEIGHBORHOOD.
AFTER DOING SO, WE HEREBY FIND THAT GRANTING THIS VARIANCE WILL NOT RESULT IN ANY UNDESIRABLE CHANGE IN THE, TO THE NEIGHBORHOOD OR DETRIMENT TO THE NEARBY PROPERTIES.
IN FACT, IT WILL IMPROVE RELATIONS IN THE NEIGHBORHOOD WITH NEIGHBORING
[02:20:01]
PROPERTIES.THE GOAL OF APPLICANT CANNOT BE ACHIEVED BY SOME OTHER FEASIBLE MEANS WITHOUT OBTAINING THE VARIANCES WE ARE GRANTING.
NOW THE REQUESTED VARIANCES ARE, ARE SUBSTANTIAL IN RELATION TO THE REQUIREMENTS SOUGHT TO BE VARIED.
UM, THE YARD ACCESSORY RELIEF IS SIX FOOT AS COMPARED TO 12 FOOT REQUIRED OF 50% DECREASE, WHERE WHEREAS A 4.5 FOOT WAS REQUESTED.
IS THAT GOOD ENOUGH, ED? YEAH.
THE DRIVEWAY RELIEF IS THREE FEET AS COMPARED TO 12 FEET REQUIRED A 75% DECREASE.
WHEREAS THE REQUESTED INITIAL VARIANCE WAS ZERO FEET WAS ZERO.
THE GRANTING OF THE VARIANCES WILL NOT HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL ENVIRONMENT CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT, AND WILL IMPROVE DRAINAGE DUE TO, UM, CONDITIONS OF IMPERVIOUS SURFACE AND POTENTIAL FLOODING IN THAT AREA.
UM, THE APPLICANT'S NEED FOR VARIANCE WAS SELF-CREATED 'CAUSE HE, SHE HAD PURCHASED THE PROPERTY WITH THE KNOWLEDGE OF THE REQUIREMENTS OF THE ZONING ORDINANCE.
HOWEVER, THE FACT THAT AN APPLICANT'S NEED FOR AN AREA OF VARIANCE IS SELF-CREATED DOES NOT BY ITSELF, REQUIRES TO DENY AN AREA OF VARIANCE.
THANK YOU FOR YOUR FORBEARANCE.
AND THE NEXT, WILLIAM, WILLIAM GETS A PASS NEXT MEETING.
I, I IF I HAD THE FORM, UH, THE FORM I'LL HAVE FOR THE NEXT ONE.
THE NEXT UH, CASE IS CASE 2135.
THAT IS ADJOURNED FOR ALL PURPOSES TO MARCH 24TH.
AND THE NEXT CASE IS 2136 DEANTE REALTY.
AND THAT IS ALSO ADJOURNED FOR ALL PURPOSES TO THE MEETING OF MARCH 24TH.
THE NEXT CASE IS CASE 2138 URGENT
ALSO, THE CHAIR MOVES THAT THE APPLICATION IN CASE 2138 BE GRANTED PROVIDED THAT THE APPLICANT OBTAINS ALL NECESSARY APPROVALS AND FILES, SAME WITH THE BUILDING DEPARTMENT.
CONSTRUCTION BEGINS NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT, UTILIZES THE FOUNDATION OF A PREVIOUSLY EXISTING SINGLE FAMILY RESIDENCE ON THE PROPERTY AND DILIGENTLY PROCEEDS THEREAFTER AND CONFORMITY WITH THE PLANS DATED JANUARY 25TH, 2021 SUBMITTED IN SUPPORT OF THIS APPLICATION, THE VARIANCE GRANTED HEREIN IS FOR IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.
ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN AS STATED BY THE APPLICANT, ALL SERVICES TO BE HELD AT THIS SITE WILL BE HELD INDOORS AND THE APPLICANT SHALL SH SOUNDPROOF THE NEW BUILDING TO THE SATISFACTION OF THE BUILDING INSPECTOR SO AS TO PREVENT ITS SERVICES FROM INTERFERING WITH USE AND ENJOYMENT OF SURROUNDING RESIDENTIAL PROPERTIES.
DO WE WANNA READ THE FINDINGS OR SHOULD I WAIVE THEM GIVEN THE WAIVE? IT IT.
GIVEN THE, UH, TIME AND THE FACT THAT IT IS NOW RAINING, UH, I WILL WAIVE READING OF THE FINDINGS.
THEY, HOWEVER, WILL BE PUT IN THE RECORD AS WELL AS AVAILABLE TO ANYONE WHO WISHES TO SEE THEM BY CONTACTING THE SECRETARY OF THE DRAWING BOARD.
AND THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 2202.
CLARENCE AND MIRIAM KELLER PERKINS.
AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO C A COMPLIANCE AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON ENVIRONMENT NOW, THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER C A CONSIDERATION.
AND DO I HAVE A MOTION? YES, I, YES I DO HONOR AND CHAIR, I MOVE THAT
[02:25:01]
THE APPLICATION IN CASE NUMBER 2202 BE GRANTED PROVIDED THAT THE APPLICANT WILL OBTAIN ALL NECESSARY APPROVALS AND FILE, SAME WITH THE BILLING DEPARTMENT.THAT CONSTRUCTION BEGINS 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 DATE STAMPED BY THE Z B A JANUARY 26TH, UH, 2022 SUBMITTED IN SUPPORT OF THIS APPLICATION, ONE LINE, THE VARIANCE BEING GRANTED ARE FOR THE IMPROVEMENTS SHOW ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION ONLY.
ANY FUTURE ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
I SECOND HAD A SECOND SAID SECOND.
ROWAN IS SO GOOD THAT HE SECONDED HIS OWN.
I SAID WE NEED A SECOND
IN ANY EVENT,
AYE FINDINGS GRANTING THIS APPLICATION, THE ZONING BOARD HAS WEIGHED THE BENEFIT TO BE DERIVED BY THE APPLICANT FROM THE PROPOSED VARIANCE AGAINST THE IMPACT THAT THE VARIANCE WOULD HAVE ON THE SURROUNDING NEIGHBORHOOD.
WE HAVE FOUND THAT NUMBER ONE, UH, GRANTING THE VARIANCE WILL NOT RESULT IN THE DETRIMENT TO NEARBY PROPERTIES AND WILL NOT ADVERSE THE IMPACT THE CHARACTER OF PHYSICAL OR ENVIRONMENTAL CONDITION IN THE NEIGHBORHOOD OF DISTRICT.
THE DRIVEWAY HAS EXISTED BEFORE THE APPLICANT PURCHASED THE PROPERTY.
THE APPLICANT RECEIVED A REAR YARD VARIANCE IN 2002 ON THE Z B A CASE NUMBER OH TWO DASH 25 A PRIOR OWNER RECEIVED A VARIANCE IN 1966 ON THE Z B A CASE NUMBER 66 1 FOR ANOTHER REAR YARD VARIANCE.
THE APPLICANT STATES THAT THE ORIGINAL OWNER CONSTRUCTED THE DRIVEWAY IN ITS AS IS CONDITION.
ACCORDINGLY, THE DRIVEWAY HAS EXISTED IN THE NEIGHBORHOOD FOR A LONG TIME AND HAS NOT CAUSED THE DETRIMENT TO NEARBY PROPERTIES AND HAS NOT ADVERSELY IMPACT THE CHARACTER OF PHYSICAL ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT.
ADDITIONALLY, UH, THE APPLICANT STATES THAT SHE RECENTLY RECEIVED A VIOLATION FROM THE TOWN AND THAT IS THE REASON WHY SHE IS BEFORE THIS BOARD TODAY.
FINALLY, THE APPLICANT STATE THAT SHE DID NOT KNOW THAT THE DRIVER WAS NOT IN COMPLIANCE WHEN SHE WAS BEFORE THE BOARD IN 2002.
NUMBER TWO, THE GOAL OF THE APPLICANT CANNOT BE ACHIEVED BY SOME OTHER FEASIBLE MEANS WITHOUT REQUIRING A VARIANCE FOR A GRANTON.
THE DRIVER WAS BUILT AT LEAST BEFORE 1966 IN ITS CURRENT LOCATION, THE LOCATION IS STILL THE MOST FEASIBLE LOCATION ON THE PROPERTY FOR THE DRIVEWAY, ESPECIALLY SINCE THE GAS AND WATER LINES ARE UNDER THE DRIVEWAY NEAR THE, NEAR THE HOUSE.
NUMBER THREE, THE REQUESTED VARIANCE IS SUBSTANTIAL REQUIREMENTS IN RELATION TO THE REQUIREMENT SOUGHT TO BE VARIED IN THAT THE REQUESTED RELIEF IS 2.92 FEET COMPARED TO 12 FEET REQUIRED AND ALMOST 75% INCREASE.
ALTHOUGH THE REQUEST IS SUBSTANTIAL QUANTITATIVELY, QUALITATIVELY, IT IS NOT, ESPECIALLY SINCE THE GAS AND WATER LINES ARE UNDER THE DRIVEWAY.
THE APPLICANT'S NEED FOR THE VARIANCE WAS SELF-CREATED BECAUSE SHE PURCHASED THE PROPERTY AND SHOULD HAVE DONE HER DUE DILIGENCE ON THE REQUIREMENTS OF THE ZONING ORDINANCE.
HOWEVER, THE FACT THAT AN APPLICANT'S NEED FOR AN AREA VARIANCE ITSELF CREATED DOES NOT BY ITSELF, REQUIRES TO DENY AN AREA VARIANCE DUE DILIGENCE.
WE COULD ADD THAT THE NEIGHBOR WAS ALSO IN FAVOR OF IT.
UH, I'LL SLIP THAT IN THERE, THAT THE NEIGHBOR WAS IN FAVOR OF IT UP HERE.
FINALLY, APPLICANT STATED SHE DID NOT KNOW THAT SHE WAS NOT IN COMPLIANCE BEFORE THIS BOARD.
UM, AND SHE PROVIDED A LETTER.
AND SHE PROVIDED A LETTER FROM A NEIGHBOR, ADJACENT NEIGHBOR.
AND SHE PROVIDED A LETTER FROM AN ADJACENT NEIGHBOR WHO IS IN SUPPORT OF HER APPLICATION.
UH, I'LL, I'LL SEND, I'LL SEND THE, UM, WORD TO CAROL.
DON'T GET USED TO THE NEW FORM SOON.
[02:30:01]
WELL, I HOPE EVERYBODY IS HOME OR CAN GET HOME SAFELY.I'M GONNA, YOU HAVE ONE MORE CASE, MADAM CHAIR.
WHICH IS CASE NUMBER 2203, WHICH IS ADJOURNED FOR ALL PURPOSES TO THE MEETING OF MARCH 24TH.
AND WITH THAT WE ARE ADJOURNED.
THANKS EVERYONE FOR BEING HERE.