[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS ONLINE VIA ZOOM FINAL AGENDA THURSDAY, March 24, 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. ]
[00:00:04]
AND GOOD EVENING EVERYONE.AS YOU KNOW, THIS IS THE MEETING OF THE ZONING BOARD OF APPEALS.
THE MEETING WILL COME TO ORDER AT THIS TIME.
WE HAVE EIGHT CASES THAT ARE SCHEDULED ON TODAY'S AGENDA, AND ALSO THERE'S AN ADDITIONAL CASE, WHICH IS LABELED AS CORRESPONDENCE THAT IS NOT TO BE HEARD ON TONIGHT'S AGENDA.
UH, ALSO I WISH TO BRING YOUR ATTENTION TO CASE NUMBER 2205, WHICH IS ORALLY, UH, G CLARENDON ROAD.
UM, IF ANY AN ANYONE IN THE AUDIENCE, UH, WAS PLANNING TO SPEAK EITHER, UM, WITH RESPECT TO APPROVAL OR NON-APPROVAL THERE, WE WANTED YOU TO KNOW THAT, UM, WE REQUIRE STILL SUBDIVISION APPROVAL ON THIS MATTER AND ALSO SUBJECT TO SEEKER.
AND ALSO WE'D HAVE TO REFER THIS TO THE, THE PLANNING BOARD FOR RECOMMENDATION BEFORE WE COULD TAKE ANY ACTION.
IN OTHER WORDS, WE WOULD NOT BE ABLE TO RENDER A DECISION TONIGHT OR EVEN CLOSE THE HEARING.
SO, HAVING SAID THAT, UH, THERE HAVE BEEN SEVERAL WRITTEN COMMENTS BY NEIGHBORS IN OPPOSITION, AND I IMAGINE SOME OF YOU MAY WELL HAVE BE HERE TO ATTEND TONIGHT'S MEETING.
SO IF YOU DON'T WANT TO SIT THROUGHOUT AND LISTEN TO EVERYTHING THAT'S GOING ON, UM, PERHAPS, UM, YOU CAN EITHER REDUCE YOUR STATEMENTS TO WRITING OR YOU CAN COME TO THE NEXT MEETING WHEN WE WILL BE ABLE TO CONTINUE WITH, UH, HEARING THE MATTER.
ALSO, AS YOU CAN SEE, SINCE THOSE OF YOU WHO HAD TO WAIT FOR US TO ALL, FOR THE BOARD TO HAVE A SUFFICIENT QUORUM, WE ONLY HAVE FOUR MEMBERS CURRENTLY PRESENT FOR TONIGHT.
THAT MEANS THAT IF WE DO VOTE ON ANY MATTERS, AND IF WE ARE NOT UNANIMOUS, UH, IN FAVOR OF THOSE, UH, IT WOULD BE DENIED.
SO I JUST WANNA BRING THAT TO YOUR ATTENTION IF YOU HAVE ANY CONCERNS.
AND HAVING SAID THAT, UM, ADDITIONALLY ON OUR AGENDA CASE, 21, 21 26, BLOOM ENERGY CORPORATION HAS REQUESTED AN ADJOURNMENT TO APRIL 28TH, WHICH WE WILL VOTE ON LATER ON THEIR ADJOURNMENT.
THAT IS, WE'LL VOTE ALSO, UH, CASE 2136, DEMONE REALTY, WHICH WAS THE PROPERTY AT CENTRAL AVENUE, LOOKING FOR VARIANCE WITH RESPECT TO A PROPOSED CIGAR LOUNGE THAT HAS BEEN REQUESTED TO, THEY HAVE BEEN REQUESTED TO WITHDRAW THAT.
SO I BELIEVE THAT, UH, SAYS THAT'S SOMEWHAT STRAIGHT ON THE, WITH RESPECT TO THE AGENDA, UM, AS YOU CHAIR, YES.
WITH RESPECT TO THE, UH, THE FACT THAT THERE ARE ONLY FOUR MEMBERS, UH, YOU LEFT OUT A PART OF YOUR USUAL PRESENTATION, WHICH IS TO GIVE THE APPLICANT AN, UH, OPTION TO ADJOURN.
OKAY? I, I DIDN'T USE THE WORD ADJOURNED.
YOU'RE CORRECT,
IF THE APPLICANT DOES NOT WISH TO HAVE US HEAR THE MATTER TONIGHT, UM, YOU COULD REQUEST AN ADJOURNMENT AND WE WOULD CONSIDER THAT.
SO, IF THAT IS SOMETHING YOU WISH TO DO, YOU CAN SPEAK UP NOW, OR YOU CAN GIVE IT A LITTLE THOUGHT WHILE I FINISH READING, UH, MY REMARKS, AND THEN YOU CAN EXPRESS IT AT THAT TIME.
SIMPLY RAISE YOUR HAND AND WE'LL OFFER YOU THE FLOOR.
UM, PLEASE NOTE THAT OUR NEXT MEETING WILL BE APRIL 28TH, AND PROBABLY, OR MOST LIKELY WILL BE AT THIS SAME TIME AND IN THIS, UH, FORUM, UM, IN LIGHT OF THE PERHAPS CONTINUING COVID, UH, PANDEMIC.
AS USUAL, IF WE CANNOT COMPLETE THE HEARING ON 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, WE WILL WAIVE A READING OF THE PROPERTY LOCATION AND THE RELIEF SAW FOR EACH CASE.
HOWEVER, THAT INFORMATION WILL BE INSERTED IN THE RECORD BY THE REPORTER, AND THE INFORMATION ALSO APPEARS ON THE AGENDA FOR TONIGHT'S MEETING.
AFTER THE PUBLIC HEARING OF TODAY'S CASES, THE BOARD WILL MEET IN A ZOOM ROOM TO DISCUSS THE CASES WE'VE HEARD TODAY.
EVERYONE IS WELCOME TO LISTEN TO OUR DELIBERATIONS, BUT THE PUBLIC WILL NOT BE PERMITTED TO SPEAK OR PARTICIPATE AT THAT TIME.
AFTER OUR DELIBERATIONS, WE COME BACK ON THE FORMAL RECORD TO ANNOUNCE THE BOARD'S DECISIONS, IF ANY, AND FOR THAT TO BE BROADCAST AND PROVIDED TO THE COMMUNITY.
IF YOU'RE GOING TO SPEAK, PLEASE CLEARLY STATE YOUR NAME AND OR YOUR PROFESSIONAL AFFILIATION.
IF YOU'RE NOT THE NAMED APPLICANT, ALSO
[00:05:01]
SPELL YOUR NAME FOR THE RECORD.IF WE HAVE HEARD TESTIMONY, I'M SORRY.
WE'VE HEARD TESTIMONY ON SOME OF THE CASES AT PRIOR MEETINGS.
ALL PRIOR TESTIMONY IS ALREADY IN THE RECORD AND SHOULD NOT BE REPEATED.
SO HAVING SAID THAT, THE FIRST CASE THAT WE HAVE TO HERE THIS EVENING IS CASE 2135 FLEETWOOD LIFE ESTATE.
ALLISON BERRY, BEFORE WE START THAT, I WOULD ASK, IS THERE ANY APPLICANT WHO DOES WISH TO ASK FOR AN ADJOURNMENT IN LIGHT OF THE FACT THAT WE ONLY HAVE A QUORUM OF FOUR? OKAY, SO LET'S HEAR WHO'S HERE ON CASE 2135.
HEY, UH, I'M, UH, DAVID GUERRERO.
UM, I, UH, I'M THE ASSOCIATE ENGINEER THAT WORKED ON THE, ON THE STRUCTURE FOR MS. BERRY.
UH, I WASN'T HERE FOR THE LAST, UH, FOR THE LAST MEETING.
UH, SO, UH, I'M AWARE THAT, UH, THEN IN THE LAST MEETING, UH, THAT A RETRACTABLE ONIN WAS PROPOSED AS AN ALTERNATIVE SOLUTION TO THE, UH, TO THE PERMANENT ROOF STRUCTURE OVER THE DECK THAT'S GONNA BE REPLACED.
AND, UH, WHILE I'M HERE TO BASICALLY SAY THAT, UH, IT'S NOT, IT'S NOT A VIABLE OPTION, UH, IN THIS CASE, UH, IT REQUIRE AN ON, REQUIRES CONSTANT, UH, MAINTENANCE.
AND IF IT'S NOT PROPERLY MAINTAINED, UH, WEATHER EXPOSURE FACTORS CAN QUICKLY DETERIORATE IT, UH, AND THEN CAUSING, POTENTIALLY EVEN CAUSING IT TO COLLAPSE.
UM, AS MY CLIENT HAD MENTIONED BEFORE, UH, MS. BERRY, THAT SHE LIVES WITH ELDERLY PEOPLE AND SHE'S NOT ALWAYS THERE.
SO IF NO ONE'S THERE TO RETRACT IT OR TO MAINTAIN THAT AWNING, UH, WATER CAN PULL UP OR SNOW CAN BUILD UP, UH, ON THE AING AND CREATE, UH, CAUSING IT TO COLLAPSE COMPLETELY.
UH, 'CAUSE AWNINGS AREN'T, UH, DESIGNED TO SUSTAIN A SIGNIFICANT AMOUNT OF LOAD.
UH, AND THEN, UH, FURTHERMORE, UH, THE AWNINGS AREN'T, UH, DESIGNED TO SUSTAIN A VAST AMOUNT OF WIND LOAD.
UH, I KNOW IT'S A VERY WINDY AREA THAT COULD, WINDS CAN EASILY EXCEED OVER 20 MILES AN HOUR.
AND, UH, IF IT'S NOT RETRACTED, UH, THAT WIND CAN CREATE UPLIFT, UH, WITHIN THE AWNING, UH, CAUSING AN UNSTABLE CONDITION AND POTENTIALLY MAKING IT, UH, DETACHED FROM THE HOME.
AND NOT ONLY DAMAGE THE HOME ITSELF, BUT A, A NEIGHBOR'S HOME AS WELL.
I KNOW THAT, UH, THAT THE SAFER ROUTE WOULD BE TO CREATE THE PERMANENT ROOF STRUCTURE, SUCH AS THE ONE THAT, UH, THAT MY COMPANY DESIGNED, UH, 'CAUSE IT'S DESIGNED TO SUSTAIN, UH, SIGNIFICANT LOADING CAUSED FROM WIND AND SNOW.
I KNOW THAT THE DRAINAGE ISSUE WAS ALSO BROUGHT INTO QUESTION, UH, THE CIVIL ENGINEER, UH, ROB ELLI, UH, WHO'S ALSO IN THIS MEETING.
UM, HE ADDRESSED THAT ISSUE, UH, AND HE CAN FURTHERMORE EXPLAIN THAT.
UH, SO THE DRAINAGE PROBLEM IS BASICALLY A NON-FACTOR.
SO, UH, UH, I'M JUST HERE TO SAY THAT, UM, THAT ONLY ALLOWING AN ON IN THIS CASE WOULD BE DOING MORE HARM THAN GOOD, UH, FOR THOSE REASONS THAT I JUST STATED BEFORE.
I JUST WANTED TO BE CLEAR YOU YES.
THE WAY YOU EXPRESSED IT IS THAT THE HOMEOWNER OR THE, OR THE OWNER OF THE PROPERTY IS NOT ALWAYS THERE, BUT SOMEONE ELSE IS USING THE PROPERTY.
IS THAT YES, SHE, UH, SHE LIVES WITH THEIR, WITH HER MOTHER AND HER MOTHER'S SISTER.
UM, THEY'RE BOTH ELDERLY, UH, NOT IN THE BEST OF CONDITIONS.
SO WHEN SHE'S NOT HOME AND THEY'RE OUTSIDE USING THE DECK, THEY'D BE THE ONES IN CHARGE OF HAVING TO MAINTAIN IT.
OR IF FOR WHATEVER REASON THERE'S A SNOW STORM AND IT'S ON AND IS RETRACTED, SHE'S NOT THERE TO GET BACK THERE IN TIME TO RETRACT IT.
'CAUSE THEY CAN'T RETRACT IT THEMSELVES.
IT'LL JUST CAUSE IT TO COLLAPSE.
OR IF THERE'S A, A WINDSTORM, UH, UH, AND SHE CAN'T GET HOME, THEY'D BE THE ONES IN CHARGE TO HAVE TO GO OUTSIDE AND RETRACT IT, WHICH IS SOMETHING THEY CAN'T DO.
SO IN THAT CASE, AS I SAID BEFORE, IT COULD CREATE UPLIFT WITHIN THE, WITHIN THE AWNING AND, UH, CAUSING AN UNSTABLE CONDITION AND MAKING IT DETACHED FROM THE HOME ITSELF, AND NOT ONLY DAMAGE THE, THE HOME, THE HOMEOWNER'S HOME, BUT EVEN THE NEIGHBOR'S HOME.
NOW, WHEN YOU SAY THAT THE DECK THAT, UH, OR THE COVERAGE THAT, THAT YOU PROVIDE MM-HMM.
UH, NO, THAT'S SOMETHING THAT'S BUILT ON SITE.
YEAH, WE'D HAVE TO DO, WE DO LOADING CALCULATIONS AND EVERYTHING TO MAKE SURE THAT IT CAN WITHSTAND THE WEATHER CONDITIONS IN THAT AREA.
ANY OTHER QUESTIONS FROM THE BOARD?
[00:10:01]
HI, UH, THIS IS JOHN GELLE.WE ARE THE NEIGHBORS THAT LIVE DIRECTLY ON THE RECORD.
MY ONLY QUESTION WOULD BE, UM, ON RETRACTING OF THE AWNING MM-HMM.
WHY WOULD THAT NOT WORK? WELL, IN THIS CASE, FOR WHATEVER REASON, IF THERE WERE TO BE SOME ISSUE, SOME ELECTRICAL, MECHANICAL ISSUE WITH IT, THEY, THEY'RE ELDERLY.
THEY'RE NOT SAVVY ENOUGH TO BE ABLE TO HANDLE THAT SORT OF SITUATION.
AND THEN IT WOULD JUST LEAVE THE ON AND OUT THERE AND CREATE.
AND, AND, AND IF IT'S IN LIKE A, UH, LIKE A SNOWSTORM OR A RAINSTORM OR ANYTHING LIKE THAT, IT COULD BE A PRETTY BAD SITUATION CAUSING THE AWNING TO COLLAPSE OR FLOOD GET DETACHED FROM THE HOME ITSELF.
HOW HEAVY IS THE AWNING? UH, THE AWNINGS? UH, IT, IT DEPENDS ON THE TYPE OF AWNING, BUT, UM, HONESTLY WEIGH A COUPLE HUNDRED POUNDS, BUT NOT, NOT THAT MUCH, NO.
IT'S, IT'S ONLY A FABRIC THAT HOLDS IT UP.
THAT'S BASICALLY WHAT IT IS, THE AWNING, AND THEN THEY HAVE THE POLES AND EVERYTHING LIKE THAT, THAT HOLDS IT.
BUT, UH, IT, IT IS NOT DESIGNED TO SUSTAIN A SIGNIFICANT AMOUNT OF WEIGHT.
WITHOUT THE AWNING, UH, UH, I MEAN, OR THE ROOF MM-HMM.
TO REPAIR AND REPLACE THE DECK? YES, EXACTLY.
'CAUSE WE'RE NOT, WE'RE NOT ENLARGING THE DECK IN ANY WAY, SHAPE OR FORM.
IT'S STILL, IT'S JUST BEING REPLACED AS IS JUST THE ROOF ON TOP OF IT.
AND SO THERE'S AN EXISTING RAMP THAT'S ALREADY THERE AS WELL? UH, NO, THAT RAMP IS ALSO, UH, BEING ADDED AS WELL, BUT AFTER THAT, THAT DOESN'T IMPEDE ANYTHING OR, UH, THAT DOESN'T IMPEDE ANYTHING.
AND, UM, A SMALLER THE, AT THE, AT THE HIGHEST POINT OF THE SLOPE OF THAT ROOF MM-HMM.
AND AT THE LOW, AT THE LOWEST POINT, WHAT WOULD IT BE? AT THE, OH, AT THE LOW.
OH, ARE YOU TALKING ABOUT AT THE ANGLE ITSELF? YEP.
OH, AT THE, WELL, AT THE LOWEST POINT, IT'D BE EIGHT FEET.
AND AT THE HIGHEST POINT IT'LL BE ABOUT, UH, APPROXIMATELY 10 TO 11 FEET.
AND WOULD THAT CREATE A PITCH THAT IS EQUAL OR TRANSVERSE TO THE EXISTING ROOF? UH, NO.
IT'S, UH, IT'S NOT, DEFINITELY NOT EQUAL TO THE EXISTING ROOF, BUT, UH, IT IS, UH, IT'S A LOW PITCH.
AND A SHORTER ROOF WOULD NOT WORK? UH, NO, NOT IN THIS CASE.
UH, SO ARE YOU TALKING ABOUT AS MAKING THE ROOF EVEN SMALLER THAN IT IS RIGHT NOW? YOU'RE PROPOSING 24 UH, FEET, 24 FEET? UH, YEAH.
UH, WIDTHWISE, UH, 22, UH, 22 AND A HALF FEET.
UH, DEPTH IS ONLY 10 AND A HALF.
THEN I'M LOOKING AT THE WRONG MAP.
UH, IT'S ON, UH, PAGE A ONE, UH, THE FRONT PORCH PLAN.
IT'LL GIVE YOU THE DIMENSIONS RIGHT THERE, THE DEPTH AND THE WIDTH OF THE, UH, OF THE, UH, OF THE DECK.
AND THAT'S WHERE, NO, I'M LOOKING AT THE RAMP AND ITS SLOPE.
NEVERMIND, I PROB I APOLOGIZE.
AND WHAT WOULD THE ROOF BE MADE OUT OF? OBJECTION.
UH, IT'D BE, UH, OUT OF, UH, OUT OF, UH, SHINGLES AS IF, UH, LIKE A NORMAL ROOF ITSELF? NO, THE ACTUAL CONSTRUCTION ARE WE TALKING ABOUT? UH, OH, PRESSURE TEACHER WOOD, AND THEN PLYWOOD AS WELL? I MEAN, THE, THE, THE ACTUAL ROOF.
SO THE ACTUAL ROOF WOULD BE PLYWOOD, NO, YEAH, WITH PLYWOOD.
UH, ON TOP OF THAT YOU HAVE, UM, THE, UH, THE FELT, AND THEN YOU ALSO HAVE THE SHINGLES, UH, ALL THAT.
AND THEN BELOW THAT, THE RAFTERS WOULD BE, UH, WOOD TWO BY EIGHT RAFTERS AND SEAL JOISTS AS WELL.
[00:15:01]
ANYONE ELSE WISH TO BE HEARD ON THIS MATTER? UH, I THINK MR. ELL HAS A COMMENT.UM, YEAH, SO I, I THINK, UM, ONE OF MY QUESTIONS WAS ANSWERED, WHICH WAS ABOUT THE PITCH OF IT.
UM, MY OTHER QUESTION WAS, UM, DAVID, YOU HAD REFERENCED MR. ELLIS, UH, DRAINAGE, UH, REPORT ON THAT.
AND I DON'T BELIEVE I WAS ABLE TO SEE THAT.
AND I'M WONDERING IF YOU CAN SPEAK TO WHAT A PITCH ROOF, WHAT DRAINAGE ISSUES.
IT COULD CAUSE A HOUSE BEHIND THAT ONE WHERE THE LAND TENDS TO COME AT LEAST DIAGONALLY, BUT TOWARDS OUR DIRECTION FROM, UM, MS. BERRY'S HOUSE AND THE HOUSE JUST NORTH OF HERS.
'CAUSE HE, HE DEALT WITH THE, WITH THE WHOLE ENTIRE DRAINAGE ANALYSIS ON THAT.
SO BASICALLY I, I DESIGNED TO THE, THE TOWN STANDARD IS A 25 YEAR STORM.
SO I DESIGNED A DRAINAGE SYSTEM TO COMPLETELY STORE, YOU KNOW, A STORM THAT OCCURS EVERY 25 YEARS, WHICH IS 6.4 INCHES OF RAINFALL, WHICH IS A SIGNIFICANT RAINFALL.
AND THEY'RE COMPLETELY STORED IN TWO UNDERGROUND CHAMBERS, AND IT'LL DISPERSE INTO THE GROUND.
SO THAT'S HOW THE DRAINS WILL BE HANDLED.
IS THAT IN THE, ON THE SIDE YARD AND THE BACKYARD? IS THAT WHERE THE TWO ARE? WELL, THE CHAMBERS ARE LOCATED IN THE BACKYARD.
YOU KNOW, BETWEEN, BETWEEN THE REAR YARD PROPERTY AND ABOUT HALFWAY BETWEEN THE REAR YARD PROPERTY LINE AND THE PROPOSED, UH, PORCH.
AND JUST A QUICK QUESTION IN TERMS OF THE ACTUAL DRAINAGE, BECAUSE I SEE THAT THEY'RE LEADERS ON THE, UH, STRUCTURE.
IS THAT DRAINAGE REPORT, HAS THAT BEEN INCLUDED WITH THIS, UH, SUBMISSION? WELL, THERE IS NO FORMAL DRAINAGE REPORT.
EVERY, EVERYTHING, ALL THE CALCULATIONS IN THE DRAWINGS IS, YOU KNOW, IS NOT A SITE PLAN THAT I SUBMITTED THAT, THAT WAS SUBMITTED TO THE BOARD.
THE CALCULATIONS ARE RIGHT ON THE PLAN.
IS THAT SOMETHING THAT COULD BE SCREEN SHARED? UH, SURE.
WILLIAM, THAT SYSTEM WOULD BE SUBJECT TO REVIEW BY THE TOWN ENGINEER.
UH, IN CONNECTION WITH THE BUILDING PERMIT PROCESS.
AND THE GENTLEMAN DESCRIBED THE CORRECT STANDARD OF RAINFALL IN A 24 HOUR PERIOD.
SHOULD I SHARE, SHARE THE SCREEN? YES, PLEASE, PLEASE DO.
SO BASICALLY THIS IS THE PROPOSED, UM, ROOFED PORCH.
SO THE ROOF LEADERS ARE RUN TO THESE TWO CHAMBERS, AND THESE ARE UNDERGROUND CHAMBERS SURROUNDED BY STONE.
SO THE WATER WILL 25 YEARS STORM WILL COMPLETELY BE STORED IN THIS, WHICH IS A CONSERVATIVE DESIGN.
'CAUSE I DIDN'T ACCOUNT FOR ANY DISPERSAL INTO THE GROUND, BUT OF COURSE IT'LL DISPERSE INTO THE GROUND.
SO THERE'S TWO CHAMBERS PROPOSED TO HANDLE THIS, THIS NEW ROOF LOADING.
UM, I DID HAVE A CONVERSATION WITH THE TOWN ENGINEER AND HE WAS IN AGREEMENT WITH MY PLAN, SO, UH, I'M SURE WHEN HE REVIEWS IT, IT SHOULD BE OKAY.
YOU, ANY QUESTIONS? I THINK WE'RE OKAY ON THE SCREEN SHARE.
ANY OTHER COMMENTS, QUESTIONS FROM ANYONE? YEAH, THIS IS ALLISON BERRY.
UM, YEAH, I JUST WANT, I'M THE OWNER.
UM, I JUST WANT TO AFFIRM WHAT THE ENGINEER SAID ABOUT THE WIND IN OUR AREA, THE WIND.
UM, THIS IS A VERY, VERY WINDY AREA, ALMOST, I WOULD SAY ALMOST, UH, ON A DAILY OR EVERY OTHER DAY, THE WINDS BECOME QUITE HIGH, SOMETIMES APPROACHING HURRICANE FOREST LEVELS.
[00:20:01]
A LOT OF THE AWNINGS ARE, I MEAN, BASED ON MY, UH, LAY RESEARCH AS A LAY PERSON AND THE PEOPLE WHO LIVE IN MY HOUSE ARE NOT ABLE TO OPERATE, UM, UH, AN AWNING THAT'S REQUIRES ANY KIND OF DEXTERITY OR, UM, UH, UH, NIMBLENESS.UM, MY MOTHER HAS PARKINSON'S DISEASE MOST OF THE TIME SHE'S IN A WHEELCHAIR WHERE SHE WALKS WITH A WALKER.
SHE'S NOT ABLE TO, UM, OPERATE A, A MOTOR OPERATED AWNING, AND NOR IS HER SISTER WHO HELPS TO TAKE CARE OF HER.
AND WHAT WOULD, IF WE WERE TO PUT UP AN AWNING, UM, THE WIND COMES, CAN COME UP QUITE SUDDENLY.
WE DON'T ALWAYS KNOW WHEN THE WIND IS GONNA COME.
IT DOES COME FREQUENTLY, FREQUENTLY.
SO IT WOULD MEAN THAT SOMEBODY WOULD HAVE TO BE HERE WHO IS QUICK AND AMBULATORY TO GO OUTSIDE AND, AND, AND RETRACT THE MORNING OR TAKE IT DOWN.
UH, AND THEY'RE NOT ABLE TO DO THAT.
AND I AM NOT A YOUNG PERSON MYSELF.
I, I'M, UH, OBVIOUSLY YOUNGER THAN THEY ARE, BUT I, I, AND I STILL WORK OUT OF THE HOME, SO I'M NOT HERE TO HELP THEM WITH THAT.
UM, AND, UH, AS FAR AS THE ELECTRIC, UM, OPERATION, THAT WOULD NOT WORK EITHER.
AS I SAID, NEITHER OF THEM, UH, WOULD BE CAPABLE OF, UH, REACTING QUICKLY ENOUGH IN THE CASE OF A, A HEAVY WIND, AND WHICH WE DO HAVE EX VERY, VERY FREQUENTLY.
UH, AND, UH, I THINK THAT'S, UH, ONE OF THE, THE AWNINGS I DID LOOK AT, WHICH AS I, AS I SAID IN MY STATEMENT, I, I REALLY DISLIKE AWNINGS VERY MUCH.
I DON'T THINK, I'VE NOT SEEN ANY THAT ENHANCED A BUILDING, WHETHER A RESIDENTIAL BUILDING OR A COMMERCIAL BUILDING.
I HAVE NOT YET SEEN AN AWNING THAT ENHANCED THE APPEARANCE OF THE BUILDING IN ANY WAY AT ALL.
SO I PERSONALLY REALLY DISLIKE AWNINGS.
UM, I DID, HOWEVER, UH, BECAUSE THE BOARD HAD RECOMMENDED IT, I DID LOOK INTO AWNINGS MYSELF.
AND THE ONE THAT I FOUND THE LEAST UNATTRACTIVE, OR THE LEAST OBJECTIONABLE, WAS SOMETHING CALLED THE UNDER PER PERGOLA ONE.
AND IT SAYS THAT IT REQUIRES AN EXISTING STRUCTURE.
SO IF WE WERE TO EVEN GO WITH THAT ONE, UM, IT WOULD BE NO DIFFERENT THAN INSTALLING A ROOF BECAUSE IT DOES REQUIRE THAT A PERMANENT STRUCTURE BE PUT UP.
UM, UH, ANOTHER, JUST, JUST TO EMPHASIZE SOMETHING ELSE, THAT THE AWNINGS ARE MADE OF CROSS SO THAT IN WIND AND RAIN, THEY, THEY CAN TEAR.
SO WE COULD HAVE A SITUATION WHERE, UH, ON A WINDY DAY OR A RAINY DAY, IF IT'S NOT TAKEN DOWN OR RETRACTED, THE, THE, THE FABRIC, THE FABRIC ITSELF ON THE AWNING CAN SHRED AND, AND CAUSE THE ENTIRE STRUCTURE TO COLLAPSE.
UM, I THINK BECAUSE WE'VE TAKEN CARE OF THE DRAINAGE ISSUE, I THINK SATISFACTORILY, I DON'T SEE REALLY ANY REASON TO, ANY LEGITIMATE REASON TO OBJECT TO US INSTALLING A ROOF, A ROOF.
ANY OTHER COMMENTS ON THIS CASE? OKAY.
UM, HAVING HEARD THAT WE WILL TAKE IT UNDER ADVISEMENT IN OUR DELIBERATIONS, WHAT YOU'VE INDICATED THIS EVENING.
AND THE NEXT CASE WE HAVE THAT WE HEAR TONIGHT IS 2203 MATTHEW AND NANCY ABRAHAM PROPERTY AT 11 POST STREET.
AND WHO IS HERE TO ADDRESS THAT CASE? YES, IT'S, UH, UH, JUST GIMME ONE SECOND.
IT'S, UH, JONATHAN ANI REPRESENTING ENZI ANI DESIGN CONSULTANTS.
UH, WE WERE HERE LAST MONTH REPRESENTING ABRAHAM ABRAHAM RESIDENCE REGARDING AN INCREASE IN IMPERVIOUS, UH, A PREEXISTING CONDITION OF INCREASE IN IMPERVIOUS SURFACE THAT WE, UM, LAST PRESENTED.
I'M GONNA SHARE THE SCREEN IF IT'S POSSIBLE.
SO THIS IS THE PROPERTY AT 11 POST STREET.
UM, SO AS OF THE LAST MEETING, UH, THE, THE PROPOSED COVERAGE WAS AT 818 SQUARE FEET OF IMPERVIOUS SURFACE.
WE ARE, UH, REDUCING, UH, MORE THAN HALF OF THE CONCRETE PAVERS AND TAKING A, A GOOD, UH, A CHUNK OUT OF THE, UH, EXISTING DRIVEWAY TO REDUCE THAT IMPROPRIATE SURFACE TO 487 SQUARE FEET.
UM, THEY, UH, WE PRESENTED IT LAST TIME AS, UM, A PREEXISTING CONDITION, BUT WE'RE SPOKE WITH THE, WE'RE WILLING TO REMOVE MO UH, SOME OF THE DRIVEWAY AS WELL AS THE CONCRETE PATIO TO REDUCE
[00:25:01]
IT.UM, BESIDES THAT, WE ARE HERE BECAUSE OF A PREEXISTING NONCONFORMING FRONT YARD SETBACK OF 15.9.
UM, HOUSE WAS BUILT IN THE 1950S.
IT WAS BUILT LIKE THIS, SO WE, WE JUST, UM, HAD TO REPRESENT THIS FRONT YARD SETBACK VARIANCE.
SO WE'VE TRIED TO REDUCE IT AS MUCH AS WE CAN.
ANY QUESTIONS FROM THE BOARD? ANY QUESTIONS FROM THE AUDIENCE? I HEAR VOICES, BUT I DON'T KNOW, OR SPEAKING OF, YOU SHOULD, UM, HAVE THE APPLICANT GIVE YOU THE NEW CALCULATION IN A PERCENTAGE FORM, BECAUSE THE, UH, VARIANCE IS ON A PERCENTAGE BASIS.
IF YOU, UH, YOU ALL, EVERYBODY CAN SEE THE SCREEN, CORRECT? YES.
YEAH, IF YOU SEE RIGHT ON THE RIGHT HAND SIDE, IT SAYS IMPERVIOUS SURFACE 5.08% OVER MAXIMUM.
SO WE'RE ALLOWED FIVE POINT, UH, UH, WE'RE ALLOWED 40.75.
WE'RE AT, UH, WE'RE 5.08% OVER THAT, UM, MAXIMUM ALLOWED IMPERVIOUS SURFACE, WHICH PLEASE GIVE US THAT TOTAL NUMBER.
CAN YOU PLEASE, UM, GIVE US THE TOTAL NUMBER? YEAH.
SO IF, UH, IT IS 487 SQUARE FEET, WE'RE ALLOWED, UH, IN THIS AREA, 40.75%, WE'RE AT 45.7%.
5.08 PLUS 40.7 5, 45 0.83 IS WHAT THE VARIANCE IS BEING ASKED FOR.
AND DO YOU WANT TO STATE ANYTHING IN YOUR REASON FOR WHY THAT IS THE NUMBER THAT YOU CAN REDUCE IT TO? UH, WELL, THERE, THE, THE WHOLE PURPOSE OF THIS APPLICATION IS FOR A SUNROOM THAT THEY'RE, UM, UH, PROPOSING THE BUILD AT THE REAR OF THEIR PROPERTY.
SO WE, WE TRIED TO MINIMIZE THE, AS FAR AS THE PATIO'S CONCERNED, WE TOOK AWAY WAY MORE THAN HALF OF THE PATIO AND, UH, LEFT 84 SQUARE FEET JUST FOR THEM TO BE ABLE TO STEP OUTSIDE THE SUNROOM, UH, TO HAVE A, A SITTING AREA THERE.
UH, THE DRIVEWAY, UM, I THINK AS WE BROUGHT UP BEFORE, THE DRIVEWAY IS, UM, EXTENDED TOWARDS THE END OF THE, UH, PROPERTY, UH, DUE TO THE FACT THAT THEY ONLY HAVE A ONE CAR, ONE CAR GARAGE.
SO, UH, THEY PARK A CAR AT THE END OF THE DRIVEWAY AND THEY PARK A CAR INSIDE THE, IN THE INSIDE, THE HOME.
SO WE CARVED OUT WHAT SEQUEL TO ABOUT A GOOD CAR, UH, RELATIVELY THE SIZE OF A CAR, UM, PARKING SPOT IN THE RIGHT HAND CORNER OF THE DRIVEWAY.
ANY OTHER QUESTIONS? THANK YOU.
ANY, ANYONE IN THE AUDIENCE HAVE ANY OPPOSITION OR IN FAVOR OF THIS PROPOSAL OR NOT? NO ONE HAS SIGNED UP TO SPEAK.
SHOULD I STOP SHARING NOW, I GUESS? YES, PLEASE.
AND NEXT CASE ON TONIGHT'S AGENDA IS OUR FIRST NEW CASE, TWENTY TWO OH FOUR SIX TWENTY FIVE DOBBS FERRY REALTY PROPERTY AT SIX TWENTY FIVE DOBBS FERRY ROAD.
AND WHO DO WE HAVE? YES, GOOD EVENING.
UH, MADAM CHAIR, MY NAME IS KEITH BUDINSKI AND I AM THE ATTORNEY FOR THE APPLICANT.
AND I HAVE WITH ME, UH, HERE THIS EVENING, IKA SCHNEIDER, THE APPLICANT'S ARCHITECT, AS WELL AS JACK AHERN, WHO IS THE PRINCIPAL OF THE APPLICANT.
WE ARE PLEASED TO PRESENT THIS APPLICATION FOR A FARM MARKET AT CARLSON'S NURSERY, AND WE WOULD LIKE TO THANK THE BOARD FOR TAKING THE TIME TO CONSIDER THIS PROPOSAL.
[00:30:01]
CARLSON'S NURSERY IS LOCATED AT SIX TWENTY FIVE DOBBS SPRAY ROAD, WHICH IS AN APPROXIMATELY 3.7 ACRE LOT SITUATED IN THE R 30 ZONING DISTRICT.THE PROPERTY'S LOCATED ON A NEW YORK STATE ROAD ADJACENT TO THE SPRING BROOK PARKWAY, AND THERE'S A CON EDISON EASEMENT WITH LATTICE TOWERS AND HIGH ATTENTION ELECTRICAL LINES.
BECAUSE NURSERIES ARE NOT PERMITTED IN THE R 30 DISTRICT, THE BUILDING INSPECTOR HAS DIRECTED US TO THIS HONORABLE BOARD FOR A USE VARIANCE.
THE APPLICATION BEFORE YOU IS FOR AN INTERPRETATION THAT NO USE VARIANCE IS REQUIRED, OR IN THE ALTERNATIVE OF USE VARIANCE, IF THE Z B A APPROVES THE APPLICATION, THE OWNER WOULD THEN PROCEED TO THE PLANNING BOARD FOR SITE PLAN REVIEW.
BY WAY OF BACKGROUND, CARLSON'S NURSERY HAS SERVED THE TOWN OF GREENBURG SINCE HANS AND JULIA CARLSON OPENED THEIR DOORS AROUND 1939, AND IT IS ONE OF THE FEW MOM AND POP NURSERIES LEFT IN THE AREA.
CARLSON'S HAS HAD A STRONG RETAIL COMPONENT AS WELL, SINCE AT LEAST GOING BACK TO 1987, THE APPLICANT WOULD LIKE TO CONTINUE OPERATING THE NURSERY AND ADD A DIMENSIONALLY CONFORMING ACCESSORY STRUCTURE CONSISTING OF AN APPROXIMATELY 4,000 SQUARE FOOT FARM MARKET IN ORDER TO SELL FRESH FRUIT, VEGETABLES AND OTHER SIMILAR PRODUCTS TO THE RESIDENTS OF THE TOWN OF GREENBURG.
WE SUBMITTED THE SITE PLAN AND A PRELIMINARY RENDERING OF THE FARM MARKET, WHICH OUR ARCHITECT WILL REVIEW, UM, MOMENTARILY.
THE ZONING BOARD OF APPEALS HAS ALREADY APPROVED THE COMMERCIAL GREENHOUSES AND THE NURSERY USE AT CARLSON'S PROPERTY AND PERMITTED THE EXPANSION OF THE NURSERY OVER THE YEARS, INCLUDING ISSUING PERMITS TO INSTALL FU FUEL STORAGE TANKS TO HEAT THE COMMERCIAL GREENHOUSES.
THE OWNER'S RIGHT TO USE THE PROPERTY AS A NURSERY HAS VESTED TO THE EXTENT THAT THE FARM MARKET IS ACCESSORY TO AND IN A MI A MINOR EXTENSION OF THE EXISTING PERMITTED NURSERY USE.
THE APPLICANT RESPECTFULLY SUBMITS THAT THE FARM MARKET DOES NOT REQUIRE A USE VARIANCE.
IN OUR MEMO IN SUPPORT, WE CITED TO SEVERAL ANALOGOUS CASES WHERE COURTS HAD FOUND THAT NO USE VARIANCE WAS NECESSARY, SUCH AS A MULCH AND COMPOST OPERATION THAT WAS ADDED TO A NURSERY, A NEW CREMATORIUM AT AN EXISTING CEMETERY, AND A NEW SWIMMING POOL AT A DAY CAMP.
IN THE ALTERNATIVE, SHOULD THE ZONING BOARD FIND, FIND THAT THE FARM MARKET DOES REQUIRE USE VARIANCE, AS WE DETAILED IN OUR MEMO AND SUPPORT THE APPLICANT, MEET THE REQUIREMENTS FOR USE VARIANCE WITHOUT A USE VARIANCE, THE OWNER WOULD SUFFER UNNECESSARY HARDSHIP BECAUSE THE APPLICANT CANNOT REALIZE A REASONABLE RETURN AND THE LACK OF RETURN IS SUBSTANTIAL AS DEMONSTRATED BY COMPETENT FINANCIAL EVIDENCE, WHICH WE SUBMITTED IN THE FORM OF PROFIT AND LOSS STATEMENTS.
THE ALLEGED HARDSHIP RELATED TO THE PROPERTY IN QUESTION IS ALSO UNIQUE.
IT DOES NOT APPLY TO A SUBSTANTIAL PORTION OF THE DISTRICT OR NEIGHBORHOOD.
THE REQUESTED USE VARIANCE IF GRANTED, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD AND THE ALLEGED HARDSHIP HAS NOT BEEN SELF-CREATED.
IT RESULTS FROM EXTERNAL MARKET CONDITIONS, INCLUDING INCREASED COST OF OPERATION AND INCREASED COMPETITION FROM BIG BOX NURSERIES SUCH AS HOME DEPOT AND LOWE'S.
IT IS IMPORTANT TO NOTE THAT THE PROPOSED FARM MARKET IS SIMILAR TO OTHER FARM MARKETS APPROVED BY THE ZONING BOARD OF APPEALS IN GREENBERG, AND WE SUBMITTED COPIES OF THOSE APPROVALS.
MR. AHERN IS NOT LOOKING TO DO ANYTHING THAT OTHER SIMILAR LOCAL NURSERIES HAVEN'T ALREADY DONE.
THE APPLICANT IS ALREADY INVESTED A GREAT DEAL OF RESOURCES IN ORDER TO CLEAN UP THIS PROPERTY.
AND IF THIS APPLICATION IS GRANTED, MR. AHERN PLANS TO CONTINUE BEAUTIFYING THE PROPERTY BY MAINTAINING AND REPAIRING THE OLD GREENHOUSES, REMOVING OLD VEHICLES NO LONGER IN USE, ORGANIZING THE PARKING AND INSTALLING NEW LANDSCAPING.
I WOULD LIKE TO EMPHASIZE THAT AS OUR ARCHITECT WILL DEMONSTRATE, THE PROPOSED FARM MARKET IS BEAUTIFULLY DESIGNED DIMENSIONALLY CONFORMING WITH PLENTY OF PARKING, AND STRATEGICALLY LOCATED IN A PREVIOUSLY DISTURBED AREA WHERE TWO GREENHOUSES WILL BE REMOVED.
BASED ON THE FOREGOING, THE APPLICANT RESPECTFULLY REQUESTS THAT THE ZONING BOARD OF APPEALS GRANT THE NECESSARY APPROVAL FOR THE FARM MARKET AT THE PROPERTY, WHICH IS SIMILAR IN NATURE TO FARM MARKETS PREVIOUSLY APPROVED BY THE ZONING BOARD AT OTHER NURSERIES IN THE TOWN.
OUR GOAL TONIGHT IS TO INTRODUCE THE BOARD TO THIS NEW APPLICATION, BEGIN THE SECRET PROCESS, AND ANSWER ANY QUESTIONS THAT THE BOARD MIGHT HAVE.
I SHOULD ALSO MENTION THAT WE ARE IN RECEIPT OF A PUBLIC COMMENT WHICH PERTAINS TO TRAFFIC.
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THE PLANNING BOARD WILL INCLUDE TRAFFIC IN ITS SITE PLAN REVIEW PROCESS.IN ANY EVENT, WE ARE IN THE PROCESS OF ENGAGING A TRAFFIC CONSULTANT WHO WILL ADDRESS ANY SUCH CONCERNS.
BASED ON MY PRELIMINARY DISCUSSIONS WITH OUR CONSULTANT, THE PROPOSED USE WILL NOT GENERATE ANY SIGNIFICANT TRAFFIC.
ONE REASON FOR THIS IS THAT MANY EXISTING CUSTOMERS ALREADY SHOPPING AT CARLSON'S WILL ALSO SHOP AT THE FARM MARKET, AND VEHICLES ALREADY PASSED IN.
CARLSON'S, UM, WILL STOP THE SHOP THERE.
SOME SHOPPERS MAY ALSO USE THE SPRINGBROOK PARK PARKWAY, WHICH WILL NOT ADD ANY ADDITIONAL VEHICLES TO LOCAL ROADS.
SO THE NUMBER OF NEW VEHICLE TRIPS IS EXPECTED TO BE RELATIVELY SMALL, AND WE EXPECT OUR TRAFFIC CONSULTANT TO VERIFY THAT.
AT THIS TIME, I'D LIKE TO INTRODUCE OUR ESTEEMED ARCHITECT, HIKA SCHNEIDER, TO SHARE HER SCREEN AND SHOW THE BOARD WHERE THE PROPOSED FARM MARKET IS GOING ON THE PROPERTY.
AND WHEN HI IS DONE, WE'D BE HAPPY TO ANSWER ANY QUESTIONS THE BOARD MIGHT HAVE.
SO I'M HERE AND I CAN JUST CONTINUE IF THAT'S OKAY WITH THE BOARD.
SO MY NAME IS IKA SCHNEIDER, AND I AM THE ARCHITECT FOR 6 25 DOPPS FERRY ROAD, UH, DOPPS FERRY REALTY.
SO, LAND IN WESTCHESTER IS GETTING MORE AND MORE VALUABLE, AND THAT ALSO MEANS IT GETS HARDER TO MAKE A NURSERY LIKE CARLSON A PROFITABLE BUSINESS.
SO MY CLIENT BOUGHT CARLSON'S NURSERY AT THE END OF 2020.
IT WAS LOVE AT FIRST SIGHT, HE STARTED REORGANIZING IT, BUT HE ALSO REALIZED QUICKLY THAT HE WOULD NEED A SPACE TO SELL HIS PRODUCE.
AND WE STARTED PLANNING A MODEST SIZE FARM MARKET WITH A FOOTPRINT OF 4,000 SQUARE FEET MAXIMUM, TWO STORIES, AND AN OVERALL SQUARE FOOTAGE OF 6,000 SQUARE FEET.
SO, AND NOW I WOULD LIKE TO SHARE MY SCREEN AND TO SHOW YOU WHAT WE CAME UP WITH.
SO, SO THAT WAS THE FIRST, THE FIRST SKETCH WE CAME UP WITH.
SO ON THE LEFT, YOU SEE THAT'S THE EXISTING CALL SENSE, THE NURSERY AND RETAIL SPACE.
SO THIS IS THE SPACE NOW THAT YOU PROBABLY ARE ALL FAMILIAR WITH, WHERE YOU, YOU KNOW, I'M SURE YOU'VE BOUGHT POTTED PLANTS OR, YOU KNOW, PAID FOR YOUR, THE PLANTS THAT YOU PICKED OUT.
SO OUR IDEA IS TO CREATE THIS 4,000 SQUARE FOOT FOOTPRINT, UM, FARM MARKET AND CONNECTED WITH A COVERED WALKWAY TO THE EXISTING STRUCTURE.
AND, UM, HERE IS THE RENDERING, NO, THAT'S NOT THE RENDERING, BUT THAT'S THE EXISTING, THE EXISTING RETAIL SPACE.
AND THIS IS THE RENDERING WE CAME UP WITH, WHICH ALREADY SHOWS A LITTLE MORE, MORE DETAIL.
WE ARE PROPOSING A STRUCTURE THAT FITS INTO THE EXISTING SETTING.
WE ARE PROPOSING TO CONNECT THE PROPOSED FARM MARKET TO THE EXISTING RETAIL SPACE BY A COVERED ONE STORY WALKWAY.
THE FARM MARKET WILL BE AN ENGINEERED WOOD STRUCTURE, MAXIMUM TWO STORIES HIGH, WHERE THE SECOND FLOOR IS ONLY HALF THE SQUARE FOOTAGE, AND IT'LL BE OPEN TO THE SPACE DOWN BELOW.
ESSENTIALLY, WE WANT TO CREATE A TYPICAL FARMER'S MARKET WITH A SIMPLE ROOF ABOVE THE INTERIOR WILL BE LAID OUT WITH LOW DISPLAY CASES AND SIMPLE SHELVING TO SHOW THE HOMEGROWN PRODUCE AND PLANTS.
THE PROPOSED EXTERIOR BUILDING MATERIALS WILL CONSIST OF A TRADITIONAL METAL ROOF, BLACK FRAMED LARGE WINDOWS, AND SIMPLE CLIPBOARD SIDING STAYING IN LINE WITH THE MATERIALS OF CARLSON'S EXISTING RETAIL SPACE.
SO, AND NOW I WOULD LIKE TO CONTINUE AND SHOW YOU THE SITE PLAN, UM, TO ALSO SHOW YOU WHERE IT'S LOCATED.
SO HERE THE OVERALL, THIS IS THE AERIAL VIEW OF THE PROPERTY, AND THIS IS OUR PROPOSED SITE PLAN.
SO HERE THIS, UM, RECTANGLE THAT'S HASHED IS OUR PROPOSED FARM MARKET OF 50 BY 80 SQUARE FEET.
AND HERE YOU CAN SEE THE CONNECTING ONE STORY WALKWAY COVERED, COVERED WALKWAY TO THE
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EXISTING RETAIL SPACE RIGHT HERE.AND IN ORDER TO DO SO, WE WILL BE REMOVING TWO OF THE GREENHOUSES.
SO WE ARE ALSO NOT CREATING MORE IMPERIAL SURFACE, BUT WE ARE REMOVING THOSE TWO GREENHOUSES.
AND, UM, FURTHERMORE, WE ARE ALSO, SO YOU SEE THIS DOTTED LINE HERE.
SO WE ARE REALLY TRYING TO GET AWAY FROM PAVEMENT AND, UM, IMPERMEABLE SURFACES TO MAKE SURE THAT, YOU KNOW, WE COMPLY WITH THE ZONING CODE.
AND SO THOSE SURFACES THAT ARE SLIGHTLY DOTTED HERE, THOSE ARE ALL GONNA BE GRAVEL, GRAVEL PATHWAYS, GRAVEL ROADS, AND THERE IS A WAY TO DO IT THAT THE GRAVEL IS NOT GONNA DISAPPEAR.
AND, UM, SO IT WILL BE A, A GRAVEL PATHWAY THAT ACTUALLY CAN BE USED BY TRUCKS AND UM, CARS AS WELL.
SO, UM, THEN HERE IS, SO I WOULD ALSO LIKE TO SHOW YOU A PICTURE OF THE EXISTING PARKING LOT.
SO I HAVE, SO THAT PICTURE IS ACTUALLY FROM THE PARKING LOT GOING TOWARDS THE, TOWARDS THE RETAIL SPACE, TOWARDS THE ENTRANCE.
BUT I HAVE SOME OTHER PICTURES HERE WHICH ARE BETTER.
SO THIS PICTURE WAS TAKEN IN FRONT OF THAT SMALL RETAIL SPACE, LOOKING TOWARDS THE PARKING AREA.
AS YOU CAN SEE, IT'S A LITTLE, YOU KNOW, DISORGANIZED.
SO OUR PLAN IS, UM, WE WILL BE KEEPING, UM, WE WILL BE KEEPING THE, THE PARKING LOT IN THE SAME AREA, BUT IT WILL BE MORE ORGANIZED, WHICH ALLOWS US TO CREATE A 37 OFF STREET, UH, TO CREATE THE 37 OFF STREET PARKING SPACES REQUIRED FOR THE SIZE FARM MARKET.
WE ARE PROPOSING THE PARKING LOT WILL ALSO BEAUTIFIED, WILL BE BEAUTIFIED WITH SMALL TREES AND PLANTINGS.
SO, UM, YEAH, AND, UM, WE CAN GO BACK TO, NO, THAT'S NOT, LET ME SHOW YOU THIS HERE AGAIN.
SO, UM, AND ALSO WHAT WE ARE DOING, I WOULD LIKE TO JUST POINT THAT OUT THAT WE ARE IN THE PROCESS OF BUYING THIS ADDITIONAL, THIS HATCHED LAND HERE FROM THE D O T, WHICH IS, UM, A, UM, A PROCESS CALLED SURPLUS PROPERTY PURCHASE.
SO WE ARE IN THE PROCESS OF, UM, NEGOTIATING OR AT LEAST, YOU KNOW, FINDING OUT IF IT IS POSSIBLE.
IF THAT'S NOT FEASIBLE, THEN WE WILL DEFINITELY GET A USE, UM, PERMIT, WHICH MEANS WE ARE ALLOWED TO U WE ARE ALLOWED TO USE, UM, D OT, LAND STATE OWNED LAND, WHICH IS THE DASH LAND.
UM, SINCE SOME OF THE EXISTING GREENHOUSES, AS YOU CAN SEE HERE, ARE ACTUALLY ALREADY ON THIS PIECE OF LAND, WHICH IS THE WAY WE HAD INHERITED IT.
AND, UM, SO WE ARE TRYING TO MEDIATE THAT ISSUE.
DO YOU HAVE ANY QUESTIONS FOR US? COULD YOU EXPLAIN HOW IF YOU DIDN'T BUY THE PROPERTY, THE USE WOULD APPLY IF THE VARIANCE WOULD GRANTED, BECAUSE IF AT SOME POINT THE D O T DECIDED I DON'T, I DON'T KNOW HOW US VARIANCES, YOU KNOW, UNDER THE CIRCUMSTANCES WOULD WORK, SO, SO, YES.
OH, KEITH, YOU MA'AM, IF YOU COULD KIND, MA'AM, IF YOU COULD KINDLY STOP SHARE SCREEN FOR A MOMENT.
AND, UH, IF WE NEED TO REPRESENT, YOU COULD BRING IT BACK.
SO I, I, IF I UNDERSTAND THE QUESTION CORRECTLY, THE USE VARIANCE ISSUE IS REALLY SEPARATE AND APART FROM THE D O T ACQUISITION, RIGHT? UM, THE USE VARIANCE PERTAINS TO THE PROPOSED FARM MARKET IN THE FRONT OF THE PROPERTY.
THOSE, UM, BUILDINGS THAT IKA WAS POINTING OUT HAVE BEEN THERE FOR MANY YEARS.
UM, THE CURRENT OWNER RECENTLY PURCHASED A PROPERTY A COUPLE OF YEARS AGO, AND SO WE'RE JUST PAPERING UH, PREEXISTING CONDITION THAT'S REALLY NOT RELATED TO THE VARIANCE BEFORE THIS BOARD.
BUT SOME OF THOSE BUILDINGS WERE ON THE PROPERTY THAT IS D O T, CORRECT? CORRECT.
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AND YOU'RE SAYING THEY CAN JUST STAY THERE INDEFINITELY? WELL, THEY'VE BEEN THERE FOR MANY YEARS.WHAT WE'RE TRYING TO DO IS PAPER IN EXISTING CONDITION.
UM, I BELIEVE THERE IS A RIGHT OF WAY BACK THERE THAT CARLSON'S WAS MAINTAINING, UM, FOR THE BENEFIT OF CON EDISON AND D O T, THE CON EDISON TOWERS ARE BACK THERE AS WELL.
UM, AND SO IT'S, UM, ONE OF THESE SITUATIONS WHERE IT JUST HAS BEEN GRANDFATHERED OVER THE YEARS AND THE STRUCTURES WERE, WERE BUILT OVER THE YEARS AND IT WAS NEVER PAPERED PROPERLY.
SO WE'RE JUST REACHING OUT TO D O T NOW THAT WE OWN THE PROPERTY TO TRY AND CLEAN UP THE PAPERWORK, SO TO SPEAK, AND IT'LL BE EITHER IN THE FORM OF AN ACQUISITION OR A LICENSE FROM D O T.
THAT'S WHAT WE'RE TRYING TO ACCOMPLISH, MADAM CHAIR, JUST TO BE, UM, ALSO SUPPLEMENT AS STAFF.
WE, WE IDENTIFIED THAT EXISTING SITUATION AND WE REACHED OUT TO D O T, UH, AND THEY ADVISED THAT THE PROPERTY OWNER OWNER SHOULD CONTACT THEM TO SEE IF THERE'S AN OPPORTUNITY, AS THE GENTLEMAN MENTIONED, TO EITHER, UM, HAVE AN EASEMENT OR, UH, PURCHASE THE LAND OUTRIGHT.
WILL YOU BE USING ANY OF THE D O T PROPERTY FOR PARKING? NO.
DO YOU HAVE ANY QUESTIONS REGARDING THE FARM MARKET THAT WE'RE PROPOSING? IF YOU COULD EXPLAIN TO US IN DETAIL WHAT IT IS YOU WOULD BE SELLING? THAT'S MY QUESTION.
UM, SO THE, UH, OWNER IS LOOKING TO SELL FRESH FRUIT AND VEGETABLES, UM, ALONG WITH RELATED ITEMS SUCH AS DONUTS AND FRESH PIES AND COFFEE.
AND THAT WOULD BE YEAR ROUND? YES, IT WOULD.
SO THERE WOULD BE A PORTION OF THE YEAR THAT YOU REALLY WOULDN'T BE SELLING LOCAL, UM, ITEMS, ITEMS AS OPPOSED TO PERHAPS, UM, PRODUCTS THAT ARE EITHER COOKED OR PROVIDED BY SOME OTHER NAMES? CORRECT.
I, I CAN TRY TO GET SOME MORE INFORMATION FOR THE BOARD IF, IF YOU'RE INTERESTED IN LEARNING MORE ABOUT WHAT PRODUCTS ARE GONNA BE OFFERED, UM, DURING WHICH TIMES OF YEARS.
BUT I THINK THE GENERAL IDEA IS THAT IT, IT IS GOING TO HAVE A FARM MARKET THEME TO IT SUCH THAT, UM, SEASONAL ITEMS WILL BE FOR SALE.
SO IN THE FALL YOU MIGHT SEE MORE APPLES, WHEREAS, UH, IN THE SPRING, UM, YOU MIGHT SEE DIFFERENT TYPES OF PRODUCTS.
UM, BUT THE GOAL IS TO HAVE FRESH PRODUCTS, SOME OF WHICH ARE GONNA BE GROWN ON, ON SITE, UM, FOR, FOR THE RESIDENTS SO THAT WHEN PEOPLE DRIVE BY ON THEIR WAY HOME FROM WORK, FOR EXAMPLE, THEY COULD PICK UP SOME FRESH FRUIT AND VEGETABLES FOR DINNER.
I WOULD ALSO LIKE TO POINT OUT THAT WE HAVE HEATED GREENHOUSES, SO WE, WE WILL BE ABLE TO GROW DURING THE WINTER MONTHS AS WELL.
THAT'S ENLIGHTENING
IT, IT'S MY UNDERSTANDING THAT CARLSON'S HAS BEEN, THEY ALSO MAINTAINED THE GREENHOUSES AS FAR AS I KNOW, AND I WOULD LIKE, JACK, WOULD YOU LIKE TO, TO PARTICIPATE, JACK? EXCUSE ME, SAY IT AGAIN? THE, THE OWNER IS ACTUALLY ON HERE AS WELL.
AND I WAS WONDERING, JACK, DO YOU, DO YOU THINK THAT THE, UM, THE GREENHOUSES WILL BE OPERATED IN THE WINTER MONTHS AS WELL? RIGHT? THE, THE GREENHOUSES ARE OPERATED COMPLETELY IN THE WINTER MONTHS AS FAR AS THE, UH, THE, THE SPRING AS IT WARMS UP, THEY'RE USUALLY SHUT DOWN BY THEN.
RIGHT? THAT'S USUALLY WHEN THEY START OPENING UP THE, THE, THE, THE, THE MONTHS IF YOU, IF YOU, IF YOU DON'T HAVE THE UNITS RUNNING, THE PLANTS WILL ALL BE DEAD.
SO YOU HAVE TO MAKE, YOU HAVE TO MAINTAIN THE AT LEAST 65 DEGREES.
AND THIS WINTER, THIS BEEN, THIS WINTER HAS BEEN A DOOZY, I THINK YOU SAID A DOOZY.
I WAS ALSO WONDERING
IT'S DOUBLE WHAT IT WAS LAST YEAR, RIGHT? YEAH.
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ARE IN THE, ARE IN THE POTS, WE HAVE NO CHOICE BUT TO KEEP THEM WARM.FOR THE PURPOSE OF THIS STENOGRAPHER, IF WE CAN KIND OF KEEP IT TO DIRECT QUESTIONS FROM THE BOARD AND THEN DIRECT RESPONSES, UM, TRY AND LIMIT THE, THE BACK AND FORTH.
WE HAVE A QUESTION WITH REGARD TO THE FRESH FOOD, THE DONUTS AND THE PIES.
WILL YOU HAVE A KITCHEN AND IF YOU HAVE A KITCHEN, ARE THERE ANY PLANS TO HAVE A SEATING AREA TO SIT AND CONSUME THE PRODUCTS? NO, THERE WON'T BE ANY.
IT WOULD WILL NOT BE A RESTAURANT OR LIKE A OKAY.
AND ARE YOU GONNA HAVE, ARE YOU GONNA BAKE THE PIES AND, AND DONUTS ON PREMISES OR ARE YOU GONNA BRING THEM IN? UM, WE, I AM, I'M ASSUMING THAT WE'LL DO IT THE SAME WAY IT HAS BEEN DONE AT ENT, WHICH MEANS WE WILL ONLY HAVE FROZEN PIES, WHICH MEANS WE WILL NOT HAVE A BAKERY.
SO WE WILL GET FROZEN PIES AND THOSE CAN BE BAKED IN AN OVEN, BUT THEY WILL, NO, WE WILL NOT BE MAKING ANY PASTRIES IN THE FARM MARKET.
ANY OTHER QUESTIONS? ANY COMMENTS FROM THE AUDIENCE? THE COMMUNITY? OKAY.
UM, HAS THERE BEEN ANY INCREASE PRIOR TO THIS REQUEST PUT ON THE NON-CONFORMING USE OF THE PROPERTY SINCE THE ZONING CODE WAS PUT INTO PLA TO PLAY? IF YOU KNOW? WELL, BASED ON THE PERMITS THAT WE'VE, UM, BEEN ABLE TO GET COPIES OF IT, IT APPEARS THAT SEVERAL GREENHOUSES HAVE BEEN ADDED AND SEVERAL, UH, FUEL TANKS TO HEAT THE GREENHOUSES HAD BEEN ADDED AND, AND THE RESIDENCE WAS ALSO ADDED.
SO FROM WHAT WE CAN TELL FROM THE AERIAL PHOTOGRAPHS, THE GREENHOUSES CAME FIRST AND THEN AROUND THE 1930S, AND THEN THE RESIDENCE WAS ADDED IN THE 1950S.
AND THEN SUBSEQUENT TO THAT, THE USE HAS EXPANDED THROUGHOUT THE YEARS AND ADDITIONAL GREENHOUSES AND FUEL TANKS HAVE BEEN ADDED.
BUT ESSENTIALLY THIS, THE SALE OF, OF ITEMS THAT, UM, OR SO HAS NOT CHANGED OVER THE YEARS.
CORRECT? WELL, I BELIEVE THE RETAIL COMPONENT ACCORDING TO THE CARLSON'S, UM, WAS ADDED SOMETIME IN THE 1980S.
SO THEY ADDED THE FLORIST SHOP AND, UM, UH, WHERE THEY WERE SELLING, UH, ITEMS THAT WERE NOT PLANTS SUCH AS VAES AND GARDENING EQUIPMENT AND THINGS LIKE THAT.
ANY OTHER COMMENTS YOU WISH TO MAKE AT THIS TIME ON THE APPLICANT'S BEHALF? NOT AT THIS TIME, MADAM CHAIRMAN.
THE NEXT CASE WE HAVE ON TONIGHT'S AGENDA IS CASE 2206, MOHAMMAD HAWK PROPERTY AT 65 MIDVALE ROAD.
HARTSDALE MAY, I THINK, UH, 2205 WAS, WAS BEFORE THAT.
UH, ORLEY GAS PROPERTY AT CLAREDON CLAREDON PLACE AVENUE.
I WAS GONNA SAY, THAT'S INTERESTING.
AND WHO IS HERE ON THIS MATTER? GOOD EVENING.
UH, MY NAME IS, UH, DANIEL FIX.
I'M WITH THE LAW FIRM OF BLAKELY PLATTEN SCHMIDT, UM, REPRESENTING THE APPLICANT'S ON THIS CASE, UH, WITH ME AS WELL IS EMILIO ESCALADES.
HE'S THE, UM, PROJECT ENGINEER AND THE APPLICANT, UH, IS ALSO ON.
UM, BUT WE UNDERSTAND THAT, YOU KNOW, THIS MATTER IS, IS CURRENTLY GOING THROUGH THE PLANNING BOARD PROCESS.
UM, IT HAS TO GO THROUGH SECRET REVIEW.
AND BASED ON, UM, THE CHAIR'S COMMENTS EARLIER, WE KNOW THAT NO ACTION WILL BE TAKEN ON, ON THIS, UH, ON THIS PROJECT TONIGHT.
AND SO I WILL JUST KEEP IT SHORT AND SWEET, GIVE A, UH, A BRIEF, UH, HIGH LEVEL OVERVIEW, AND WE LOOK FORWARD TO PRESENTING A FULL AND, UH, DETAILED PRESENTATION AT THE NEXT MEETING.
UM, THIS PROJECT IS A RE SUBDIVISION OF, UH, TWO ADJACENT LOTS, UH, FOR THE PURPOSE OF BUILDING A SINGLE FAMILY RESIDENCE, UM,
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ON THE SINGLE COMBINED LOT.IT'S LOCATED IN THE, UH, R 7.5 ZONE DISTRICT.
AND, UH, WE ARE SEEKING AREA VARIANCES FOR LOT SIZE AND LOT WIDTH.
UM, THE VARIANCES WE'RE SEEKING ARE, ARE NOT INCONSISTENT WITH OTHER LOTS WITHIN THE ZONING DISTRICT WHERE VARIANCES LIKE THE ONES THAT THE APPLICANT IS SEEKING, HAVE BEEN GRANTED.
AND, UM, AS WE WILL SHOW, UM, IN THE UPCOMING, UH, MEETING, UH, NEXT MONTH BASED ON THE FIVE FACTOR, UH, DETERMINATION, THESE ARE NOT GONNA BE SUBSTANTIAL VARIANCES.
UM, ONE THING WE ARE ASKING FOR IS THE OPPORTUNITY TO RESPOND IN WRITING TO, UH, COMMENTS THAT HAVE BEEN, UH, SUBMITTED ON THIS PROJECT.
AND WE AS, UH, WE PRESUME THAT MORE COMMENTS WILL BE COMING IN.
AND SO FOR PURPOSES OF, UH, UM, THE ORDERLY PROCESS, I WOULD JUST ASK MS. WALKER TO GIVE ME A DATE THAT WOULD BE CONVENIENT TO HAVE OUR SUBMISSIONS IN, SO THERE'D BE ENOUGH TIME TO, UM, DISTRIBUTE TO THE BOARD FOR AND, UH, TO DISTRIBUTE TO THE PUBLIC FOR REVIEW.
MS. WALKER, YOU MUTED? WELL, I DON'T, I DON'T THINK SHE CAN GIVE A DATE AT THIS POINT.
I THINK, WELL, FIRST THING WE HAVE TO DO IS FIND OUT FROM GARRETT, OR IF HE KNOWS AT THIS POINT HOW LONG HE THINKS IT WILL TAKE, UH, FOR THE SECRET FOR THE LEAD AGENCY TO BE DETERMINED AND THEN FOR THE SECRET DETERMINATION TO BE MADE BECAUSE THE APPLICATION IS NOT COMPLETE UNTIL THERE IS A SECRET DETERMINATION.
UM, SO WE'LL, WE'LL NEED THAT INFORMATION, SO THEN WE'LL KNOW WHAT MEETING TO ADJOURN THIS TO.
WELL, LET'S, GARRETT, DO YOU THINK THIS CAN ALL BE DONE IN THE NEXT MONTH? AND, AND ALSO BY THE WAY, THAT WE'LL NEED A, A RECOMMENDATION FROM THE PLANNING BOARD, UH, ON THE, UH, VARIANCE APPLICATION.
I BELIEVE THAT THE LEAD AGENCY HAS BEEN DONE ON THIS, UH, JUST TO BE, SO, JUST TO BE CLEAR, UM, THE PLANNING BOARD DECLARED ITS INTENT TO BE LEAD AGENCY, AND, UH, I BELIEVE THE, THE C V A CHAIR HAS INDICATED, UM, NO OBJECTION TO THAT.
SO, TO ANSWER THE QUESTIONS ABOUT THE CHRONOLOGY OF THE APPLICATION AND UPCOMING ACTIVITY WITH THE PLANNING BOARD, UM, OUR, OUR BEST ESTIMATE IS THAT THE PLANNING BOARD WILL LIKELY, UH, HEAR THE APPLICATION AGAIN IN WORK SESSION ON APRIL 20TH.
AND I DON'T WANNA SPECULATE WHAT ACTIONS WILL OR WILL NOT BE TAKEN AT THAT MEETING.
UM, BUT THAT WOULD BE BEFORE THE APRIL 28TH MEETINGS.
THEREFORE, UM, WITH THE PROSPECT OF THAT BEING ON THE PLANNING BOARD AGENDA, THE POTENTIAL PLACEHOLDER WOULD BE FOR THIS APPLICATION TO BE ADJOURNED TO THE APRIL 28TH MEETING.
IF THE PLANNING BOARD DOES NOT ACT, WE CAN LET THE ZONING BOARD KNOW WELL IN ADVANCE OF THAT.
SO I'M JUST, OKAY, SORRY, GO AHEAD.
OH, I WAS JUST GONNA SAY WITH, WITH THAT, UM, IN MIND, UH, AND PUTTING THE APRIL 28TH DATE AS THE PLACEHOLDER, I GUESS, IS THERE, CAN WE HAVE A DATE THAT WOULD, UH, WOULD BE SATISFACTORY TO, TO ALLOW FOR, UM, ORDERLY DISTRIBUTION SO WE CAN GIVE TIME THAT, THAT'S REALLY ALL, ALL ALL, ALL WE'RE TRYING TO DO IS, IS TO GIVE TIME SO THAT WE, WE DON'T PUT IN SUBMISSIONS LATE SO THAT THERE'S NOT A, UH, ENOUGH TIME TO REVIEW OUR RESPONSES TO COMMENTS.
WELL, THE, THE ZONING BOARD HAS A RULE THAT, UH, WRITTEN SUBMISSIONS SHOULD BE SUB, UH, IN HAND BY, WHAT IS IT, 10 DAYS BEFORE CAROL? YES.
BUT THE PLANNING BOARD WOULD NOT HAVE MET BY THEN, I ASSUME, BASED ON THE THAT'S TRUE.
BUT WE'RE, WE'RE TALKING ABOUT, UM, WRITTEN SUBMISSIONS TO RESPOND TO COMMENTS, SO IT WOULDN'T BE IAND THAT, THAT'S, THAT'S WHAT I'M TALKING ABOUT.
IF THE, AND IF THE PLANNING BOARD, UM, EITHER SOMEHOW DOESN'T GET TO IT OR HAS, UM, YOU KNOW, UH, A DIFFERENT RECOMMENDATION OR IF A, UH, A NEGATIVE DECLARATION IS AN ISSUE, THEN, YOU KNOW, THAT'S, THAT'S ANOTHER ISSUE WE'LL DEAL WITH.
BUT I THINK, YOU KNOW, REALLY THE, THIS LIMITED ISSUE THAT I'M TALKING ABOUT IS, IS TO PUT IN COMMENTS TO, OR TO PUT IN RESPONSES TO WRITTEN COMMENTS, UH, FROM THE PUBLIC AND
MY, MY ADVICE IS WE CAN, WE CAN DISCUSS THIS IN, IN THE DELIBERATION, UH, COMPONENT OF THE MEETING ABOUT NEXT STEPS, AND WE CAN ADVISE THE APPLICANT AFTER THIS MEETING ABOUT, YOU KNOW, DATES TO SUBMIT, UM, RECORDS BY, UM, DID THE APPLICANT INTEND TO MAKE AN ADDITIONAL PRESENTATION THIS EVENING, OR WAS THAT, UH, THE EXTENT OF WHAT YOU WANTED TO CONVEY? NO, UM, JUST WANTED TO KEEP IT SHORT.
UM, AND WE, WE REALLY LOOK FORWARD TO, UH, PUTTING A FULL AND DETAILED PRESENTATION, UH, WHEN WE'RE NEXT BEFORE THE ZONING BOARD.
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ANYTHING.WELL, YOU'LL BE UP AT THE NEXT MEETING LATER,
I'M, I'M JUST MAKING EVERYBODY SMILE, THAT'S ALL.
AND, UM, AND OBVIOUSLY THERE MAY BE OTHER PEOPLE WHO WISH TO SAY SOMETHING, BUT, UM, AS INDICATED, WE WILL BE TAKING THIS UP AT A FUTURE DATE.
MAY I, MADAM CHAIR, MADAM CHAIR, WHAT I WOULD INDICATE IS THAT, UM, I KNOW THAT THERE MAY BE, UH, MORE THAN ONE SPEAKER THAT, THAT WOULD LIKE TO SPEAK FROM THE PUBLIC.
I WOULD ASK, UM, BEFORE WE GET TO THE PUBLIC, IF YOU EITHER RAISE YOUR HAND OR UTILIZE THE CHAT FUNCTION TO SEND ME A NOTE THAT YOU INTEND TO SPEAK, AND WE WILL CALL ON YOU ONE AT A TIME.
MADAM CHAIR, I'LL TURN IT TO YOU IF THE BOARD HAS ANY OTHER QUESTIONS AT THIS TIME.
ANY OTHER QUESTIONS FROM THE BOARD AT THIS TIME? MY NAME IS BARBARA STUDENT.
I HAVE ONE, TWO QUESTIONS, ACTUALLY.
ARE, ARE WE ALL SET TO HEAR FROM THE PUBLIC MADAM CHAIR? I ASSUME WE ARE.
SO MS. STUDENT, UH, WE, WE'LL LET YOU GO FIRST, BUT AGAIN, IF THERE ARE OTHER MEMBERS OF THE PUBLIC THAT WISH TO SPEAK, IF YOU COULD PLEASE JUST UTILIZE THE CHAT FUNCTION OR RAISE YOUR HAND, OR, AND I WILL, UH, CERTAINLY CALL ON YOU.
UM, MY FIRST QUESTION IS HOW CAN THERE BE A FULL FOUNDATION AND YET NO VARIANCE DONE AS YET.
I KNOW THAT WHEN I ADDED ONTO MY HOUSE, YOU KNOW, THERE WAS AN ORDER THAT WE HAD TO DO THINGS IN, AND IF YOU DIDN'T DO THEM IN THAT ORDER, YOU DIDN'T GET THE NEXT, YOU KNOW, YOU WEREN'T ALLOWED TO GO TO THE NEXT STEP.
SO HOW CAN WE BE LOOKING AT THE SIZE OF THE PLOT WHEN THERE'S ALREADY A FULL FOUNDATION BUILT? NO, SHE'S MIXING UP THE HOUSE ON CLAIN.
HAVE YOU BEEN ON CLAREDON RECENTLY? NOT FOR THIS LOT ARCHITECT.
YEAH, I BELIEVE THERE'S A, A, UM, SOMETHING, A NEW HOUSE BEING BUILT NORTH TO THE NORTH OF THIS PROPERTY.
AND MAYBE THAT'S WHAT YOU'RE THINKING OF? THAT'S NOT US.
AND WHAT IS YOUR OTHER QUESTION? MY, NO, IT, WELL, MY OTHER QUESTION HAD TO DO WITH DRAINAGE FROM, OH, BUT I FIND THE WRONG ONE, THEN I'M, IS IT ON A FLAT PART OF THE STREET OR ON THE SLOPE? THE WAY THIS ONE, THE ONE THAT I MISTOOK IT FOR IS WE DON'T KNOW, BUT THAT'S SOMETHING YOU CAN LOOK INTO.
I'LL, YET, I'M, I'M SURE THAT WILL BE EXPLORED BY THE PLANNING BOARD.
AND MA'AM, IF YOU, I, I KNOW YOU TRADED A COUPLE EMAILS WITH ME, YOU SHOULD FEEL FREE TO REACH OUT TO OUR DEPARTMENT TOMORROW ABOUT ANY DEVELOPMENT IN THE AREA OR THIS APPLICATION WILL BE ABLE TO ANSWER ANY QUESTIONS IN ADVANCE OF THE NEXT MEETING.
HI, UM, MY NAME IS, UM, TERAN GUPTA, AND, UH, I LIVE AT 72 NAN ROAD.
UM, AND I ALREADY SUBMITTED A LETTER TO THE CHAIRPERSON AND MEMBERS OF THE BOARD, BUT I WOULD JUST QUICKLY LIKE TO RECAP, UH, THE LETTER, IF YOU HAVE A FEW MINUTES, UH, I KNOW WE ARE SAYING WE'LL GET AN OPPORTUNITY TO TALK IN THE NEXT MEETING, BUT, UM, I WOULD, IF IT'S OKAY, I WOULD LIKE TO GO OVER SOME POINTS.
UM, THE ONLY THING I WANNA SAY, MR. GUPTA, IS IF YOU HAVE A WRITTEN PRESENTATION, IT DOES BECOME PART OF THE RECORD.
ALSO, IF YOU'RE GOING TO MAKE CERTAIN POINTS TONIGHT, I'M GOING TO TELL YOU THE NEXT TIME, CAN'T GO OVER THOSE SAME POINTS.
SO I DON'T KNOW IF YOU WANT TO DO A COMPREHENSIVE, YOU KNOW, PRESENTATION THEN, OR WHETHER YOU JUST WANT TO, BECAUSE WE DON'T HAVE MUCH BEFORE US AT THIS POINT.
IN THAT CASE, UM, I WILL JUST MAKE A NOTE, UH, THAT MS. BARBARA WHO WENT BE BEFORE ME, UM, YOU KNOW, IT'S VERY LOGICAL FOR HER TO GET CONFUSED.
UH, WE ARE THE ONE BUILDING THE HOUSE NEXT TO IT.
UM,
YOU DON'T ACTUALLY SEE MUCH OF A LOT.
SO THAT'S, THAT'S, UH, YOU KNOW, I DON'T BLAME HER.
I, I WILL CHOOSE TO GO NEXT TIME AFTER THE PRESENTATION IS MADE BY THE APPLICANT.
AND I JUST DO WANNA MAKE A QUICK NOTE THAT YES, WE HAVE RECEIVED A FEW EMAILS WITH COMMENTS FROM RESIDENTS.
JUST WANNA ASSURE YOU THAT THOSE COMMENTS WILL ALL BE COLLECTED AND SENT TO THE
[01:05:01]
ZONING BOARD THEY HAVE ALREADY, BUT THEY ARE MADE PART OF THE RECORD.AND ANY OTHERS THAT COME IN WILL BE SENT TO THE ZONING BOARD.
UH, NEXT WE HAVE STEVE FROM CLARENDON PLACE.
HI, UH, STEVE, FIRST, FIRST TIME I, UH, GOT TO KNOW THAT THIS MATTER, I MEAN, UH, I'M, UH, LIVING DOWN THE, YOU KNOW, UH, ROAD UNDER THE HILL, RIGHT? SO I THINK MANY OF, YOU KNOW, THE, THE, THE, THE SERIOUS FLOODING ISSUE.
YOU KNOW, WE HAVE, UH, AROUND HERE, ESPECIALLY COUPLE NEIGHBORS AROUND HERE.
UH, I THINK IN THE RECENT YEARS THERE'S MORE, UH, COUPLE NEW HOUSE GOT BUILT OUT ON, ON THE, ON THE GLEN ROAD.
AND, AND WE GOT, UH, MORE AND MORE, UH, FLOODING PROBLEM.
I MEAN, YOU KNOW, LAST YEAR IS ESPECIALLY PAINFUL, RIGHT? UH, I THINK MY HOUSE, UH, INCURRED OVER 100,000, UH, DOLLAR OF, UH, REPAIRS AND, UH, THINGS AND MY NEIGHBORS AS WELL, RIGHT? SO I KNOW THE TOWN IS, UH, DOING, UH, SOMETHING, UH, FINALLY, UH, TRY TO, UH, HAVE, UH, ENGINEER LOOK AT THE, THE PIPE.
BUT I MEAN, LONG STORY SHORT, I, I THINK, UH, UH, MANY OF THE, UH, UH, RESIDENT, UH, DOWN BELOW HERE AT THE CLAREDON PLACE IS VERY, VERY CONCERNED ABOUT THE, UH, THE RUNOFFS, RIGHT? AND, AND, UH, THE, THE, UH, CONTINUAL, UH, FLOODING PROBLEM.
UH, IT, IT IS, UH, JUST, UH, WE THINK IT'S A VERY UNFAIR, UH, BEFORE, UH, THE, UH, YOU KNOW, THE, THE TONGUE AND, AND EVERYTHING GOT GOT, UH, THAT PROBLEM RESOLVED OR REMEDIATED, UH, THEN, THEN CONTINUE, UH, BUILDING MORE AND MORE HOUSES, UH, UP THERE.
YOU KNOW, I THINK I'M, I'M SURE WE'RE GONNA HAVE MORE OPPORTUNITY TO TALK ABOUT THAT.
BUT THAT'S DEFINITELY THE, THE SENTIMENT OF A COUPLE OF MY NEIGHBORS IN INCLUDING MYSELF.
UH, THEY CANNOT ATTEND, UH, BUT, UH, UH, WANNA, UH, ME REPRESENTING THEM, UH, YOU KNOW, TO, TO, TO, UH, CONVO, UH, THIS MESSAGE TO THE BOARD.
BUT WE CAN JUST, UH, I THINK WE'LL NEED YOUR LAST NAME AND ADDRESS.
YOU JUST GAVE YOUR FIRST NAME, I BELIEVE.
UH, IT'S UH, THREE KLAR PLACE.
ANYONE ELSE? MADAM CHAIR? MADAM CHAIR? I DON'T HAVE ANY OTHER SPEAKERS SIGNED UP.
UM, I WOULD LIKE STEVE'S E EMAIL SO THAT IF HE WANTS TO ATTEND NEXT MONTH'S MEETING, I WOULD BE ABLE TO SEND HIM THE ZOOM INFORMATION.
SIR, IF YOU COULD PUT THAT IN THE CHAT, WE'LL MAKE SURE WE GET YOU, UH, AWARE OF THE APPLICATION NEXT MEETING.
WE WILL MOVE ON TO CASE 2206, MOHAMMED HOG, THE PROPERTY AT 65 MIDVILLE ROAD.
I'M THE ARCHITECT FOR THE PROJECT AND MY CLIENTS, I BELIEVE SABINA HAWK IS HERE AND PERHAPS MOHAMMED AS WELL.
UM, WE ARE, UH, ASKING FOR A VARIANCE FOR TWO PORTIONS OF THE PROPERTY.
MY CLIENTS BUILT A PATIO AND EXPANDED THEIR DRIVEWAY, UM, AND SLIGHTLY WENT OVER THE SETBACKS IN BOTH CASES.
UH, OTHER THAN THAT, WE MEET ALL THE REQUIREMENTS FOR IMPERVIOUS SURFACES, AND THERE'S NO ISSUE WITH THAT.
UM, IN THE CASE, IF I, UH, I SHARE MY SCREEN, I'LL SHOW YOU THE SITE PLAN.
AS YOU CAN SEE, IT ANGLES QUITE A BIT AS IT GOES BACK IN, IN, UH, SPACE.
IT'S A RELATIVELY FLAT SITE WHERE WE HAVE OUR, UH, PATIO IN THE BACK.
MOST OF THE PATIO IS HERE ADJACENT TO THE HOUSE WITH A OUTDOOR KITCHEN.
AND THE, UM, SEATING AREA HERE, I'LL ZOOM IN A BIT.
THE SEATING AREA HERE THAT HAS A BENCH AND A FIRE PIT WAS BUILT INADVERTENTLY, SLIGHTLY OVER THE SETBACK LINE.
THIS RED LINE HERE SHOWS WHERE THE SETBACK IS, AND IN THE CASE OF THE DRIVEWAY, WE ARE JUST, JUST A TINY BIT OVER THE SETBACK.
IF YOU CONTINUE THIS LINE, YOU SEE THERE'S JUST THIS TINY LITTLE CORNER HERE OF THE DRIVEWAY THAT GOT OVER THE DRIVEWAY SETBACK.
[01:10:01]
SEE.SO AS FAR AS THE FIVE REASONS THAT WE HAVE FOR ASKING FOR THIS VARIANCE, IS THIS IN KEEPING WITH THE NEIGHBORHOOD? ABSOLUTELY.
MOST OF THE NEIGHBORHOODS HAVE IN OUR TOWN HAVE SOME PARKING AREA FOR OFF STREET PARKING.
THE, THE SITE IS A LITTLE BIT ON A HILLSIDE.
SO AS CARS COME AROUND FROM CLUB WAY ONTO MIDVILLE, UM, THERE'S, UM, IT, IT'S WOULD BE EASY TO HIT A CAR THAT'S ON THAT STEEP SLOPE THERE OF THE, UH, OF THE STREET.
SO IT'S BEST TO HAVE SOME KIND OF A SIDE PARKING AREA.
ALSO, IT'S A NICE PLACE TO PUT A BASKETBALL HOOP, WHICH THEY HAVE THERE.
UM, PATIOS, OF COURSE, ARE UBIQUITOUS IN OUR TOWN.
UM, FIRE PITS ARE BECOMING FAR MORE POPULAR, SO THIS IS TOTALLY WITHIN KEEPING OF THE NEIGHBORHOOD.
UM, WE ALSO HAVE SOME DIFFICULTY WITH PUTTING THE, IN ORDER TO GET THE PARKING.
THE REASON THE PARKING WENT OVER, UM, A, A LITTLE NINE FEET OVER THE, UH, NINE SQUARE FEET OF SPACE OVER THE SETBACK IS THAT, UM, IN ORDER TO GET THE 20 FOOT DEPTH OF THE PARKING, AS YOU CAN SEE HERE, THIS IS WHILE IT'S PARALLEL TO THE DRIVEWAY BECAUSE OF THE ANGLE HERE OF THE SITE, UM, IT JUST TO GET THAT 20 FEET OF SPACE THAT YOU REALLY NEED TO HAVE FOR CAR TO PROPERLY PARK, IT WENT OVER ABOUT NINE SQUARE FEET HERE.
UM, CAN THIS BE ACHIEVED BY ANY OTHER METHOD? NO VARIANCE IS THE ONLY WAY TO REMEDY THIS OTHER THAN TEARING DOWN AND REMOVING THE AREAS THAT ARE ALL THE SETBACK.
UM, BUT THE ANGLES HAVE MADE IT VERY DIFFICULT.
UM, IS THERE ANY OTHER WAY FOR US TO PUT, UH, THE EXPANDED DRIVEWAY IN? NO, UM, AGAIN, BECAUSE THE 20 FOOT PIECE OF, UH, THE 20 FOOT REQUIRED DEPTH OF THE PARKING LOT WOULDN'T BE AVAILABLE.
UM, IT IS A SMALL VARIANCE THAT WE'RE ASKING FOR.
AS YOU CAN SEE IN THE BACK, THE PATIO AREA IS ONLY JUST ABOUT 16 FEET SQUARE FEET OVER THE SETBACK.
UM, THE PATIO AND DRIVEWAY, UM, DO NOT SIGNIFICANTLY ADD TO THE IMPERVIOUS SURFACES.
UM, WE ARE STILL WELL BELOW THE ALLOWED COVERAGE IS 37%, AND WITH THE ADDITION OF THIS PATIO AND DRIVEWAY ADDITION, IT'S STILL 28%.
SO WE'RE STILL SIGNIFICANTLY BELOW THE REQUIREMENT.
AND, UM, CAN I PAUSE YOU FOR A SECOND, MA'AM? YOU SAID YOU'RE, MA'AM, YOU'RE, YOU ARE BELOW THE REQUIREMENT, THE REQUIREMENT.
YOU, YOU'RE SAYING THAT IN REVERSE, IF I'M NOT MISTAKEN.
YEAH, WE'RE, WE'RE
AND YOU, AND YOU'VE REDUCED IT TO 28.
UM, NO, WE HAVEN'T REDUCED ANYTHING.
WE'RE ACTUALLY, THEY IN, BY ADDING THE PATIO AND BY ADDING THE DRIVEWAY EXPANSION, WE'VE INCREASED THE IMPERVIOUS SURFACES.
HOWEVER, THE ALLOWED, THE ALLOWED IMPERVIOUS SURFACE IS MUCH MORE THAN WHAT THEY ACTUALLY INCREASED TO.
ORIGINALLY WE WERE AT 20%, NOW WE'RE UP TO 28, ALMOST 29.
THAT'S, 'CAUSE THAT'S WHAT I WAS GONNA BE CONFUSED.
THIS DOCUMENT THAT'S HERE, I ALMOST WISH YOU DIDN'T GIVE THIS TO ME, UM,
THAT'S WHAT'S ALLOWED, THAT'S WHAT'S ALLOWED, YOU'RE ALLOWED TO HAVE 37%.
ANYTHING OVER THAT, WE WOULD NEED AN AREA VARIANCE ON THE AMOUNT OF UR SURFACE.
THE MAXIMUM WOULD BE MORE REFLECTIVE IF IT SAID MAXIMUM NOT REQUIRED.
THESE ARE THE REQUIREMENTS OF THE TOWN, BUT, UM, WE COULD HAVE UP TO 5,100 SQUARE FEET OF IMPERVIOUS SURFACE, AND WE'RE ONLY AT 3,900.
EVEN THOUGH WE WENT OVER THE SETBACK A LITTLE BIT, UH, THE REALITY IS THAT THERE'S STILL PLENTY OF ROOM ON THE SITE.
SO AS FAR AS, UM, STORM WATER MANAGEMENT, UM, WE WERE INFORMED BY THE ENGINEERING DEPARTMENT THAT BECAUSE THE INCREASE IS GREATER THAN 500 SQUARE FEET, WE WILL HAVE TO DO A STORM WATER MANAGEMENT PLAN, WHICH WE WILL BE DOING.
UM, AT THE TIME THAT THE, UM, THE WORK WAS DONE FOR THE PATIO, UM, THERE WERE SOME DRY WELLS PUT IN, WHICH
[01:15:01]
WERE, WERE PUT IN THE CAPTURE, ACTUALLY THE RUNOFF FROM THE HOUSE, WHICH WAS ACTUALLY NOT EVEN REQUIRED TO BE DONE.UM, AND WE'RE, WE'RE IN THE PROCESS OF TRYING TO FIGURE OUT AND ASCERTAIN WHAT SIZE THOSE TANKS ARE SO THAT WE MAY BE ABLE TO REUSE THEM.
THE ADDITIONAL RUNOFF FROM THE PATIO MAY BE NOT SO SIGNIFICANT THAT WE CAN STILL USE THE TANKS, OR IF, IF NOT, WE'LL HAVE TO BE PUT IN THE TANK IN TO TAKE THE RUN OFF FROM THE PANEL.
UM, SO DOES THE BOARD HAVE ANY QUESTIONS REGARDING THIS? WELL, THE WAY YOU PRESENTED IT INITIALLY REGARDING THE DRIVEWAY KIND OF THREW ME OFF BECAUSE, SORRY, YOU SAID THAT YOU NEEDED THE 20 FEET IN ORDER FOR A CAR, BUT CONSIDERING THE FACT THAT THERE IS A TWO CAR GARAGE AND THERE'S A WIDTH FOR THE TWO CARS, YOU'RE TALKING ABOUT HAVING ADDITIONAL VEHICLES.
IS THAT CORRECT? WELL, MOST FAMILIES, TO BE HONEST, HAVE, IF YOU HAVE TWO ADULTS, YOU HAVE TWO CARS.
AND IF YOU END UP WITH TEENAGE CHILDREN, MOST LIKELY YOU'RE GOING TO HAVE THAT.
OR IF YOU HAVE GUESTS COMING TO VISIT, UM, YES, THERE IS A GARAGE HERE THAT CAN BE USED FOR PARKING.
UM, AND CERTAINLY YOU COULD PARK BEHIND IT, BUT IF YOU, MOST PEOPLE I KNOW HAVE IN THE TOWN PUT IN A SIDE PARKING AREA JUST SO THAT THEY CAN HAVE THE OPPORTUNITY TO BE ABLE TO PULL IN AND OUT OF THE GARAGE WITHOUT ASKING SOMEBODY TO MOVE A CAR.
SO YOU CAN GET OUT OF THE DRIVEWAY.
UM, AND AGAIN, IT'S JUST THIS TINY LITTLE SECTION HERE THAT IF YOU FOLLOW THE, WELL, THE, UM, LET'S SEE.
I SHOULD HAVE THE OTHER DRAWING ACCURATE AS IT'S JUST THIS TINY SECTION HERE.
IT'S JUST THAT I'M A LITTLE AT ODDS WITH YOUR STATEMENT ABOUT MOST PEOPLE HAVING TO HAVE THE ADDITIONAL SPACE SO THAT THEY CAN GET OUT WITHOUT HAVING TO MOVE A CAR.
AND, UM, TO MY KNOWLEDGE FOR A LOT OF THE TOWN, THAT THAT REALLY DOESN'T APPLY.
IT'S NOT THAT, IT'S NOT THAT IT'S YOU SHOULD COME VISIT MY NEIGHBORHOOD, MA'AM, BECAUSE
I'M NOT SAYING PEOPLE DON'T, IT'S JUST THE QUESTION OF THE NUMBER OF VEHICLES THAT A, YOU KNOW, A GIVEN FAMILY HAS.
UM, THE OTHER THING I WAS GOING TO ASK IS WHAT IS THE SQUARE FOOTAGE OF THE PATIO? AH, THE PATIO.
THE PATIO ITSELF IS 736 SQUARE FEET.
AND THAT INCLUDES THE FIRE PIT OR NOT? UH, NOPE.
THE FIRE PIT AREA IS ANOTHER 137 SQUARE FEET THAT INCLUDES THE BENCH THAT'S AROUND THE FIRE PIT.
AND WHEN WAS THIS WORK DONE? UH, SABINA.
CAN YOU TELL ME WHEN THIS WAS DONE? THIS, THIS WAS DONE, UM, AROUND, A LITTLE BIT AROUND THE COVID TIME STARTED, UM, A LITTLE BIT RIGHT AFTER THAT.
UM, AND, UH, SO TWO YEARS AGO? YEAH, SO ROUGHLY TWO YEARS AGO.
I DID WANNA SAY WITH THE DRIVEWAY, IF I'M ALLOWED TO SAY ANYTHING.
UM, GIVE YOUR, GIVE YOUR NAME FOR THE RECORD THEN.
UM, SO OUR GARAGE IS PRETTY NARROW, SO IT'S VERY HARD TO PUT TWO CARS IN 'CAUSE OF THE DOORS.
AND SO IT WAS REALLY HARD TO KIND OF MANEUVER IN AND OUT.
UM, AND WE DO HAVE TWO CARS, WHICH WE'RE REALLY FORTUNATE ABOUT.
UM, BUT IT WAS JUST VERY HARD TO GET PAST EACH OTHER, OR EVEN PARK NEXT TO EACH OTHER AT THAT TIME.
'CAUSE WE'RE, WE'RE NOT REALLY PARKING IN THE
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GARAGE.'CAUSE IT'S, IT'S VERY, I MEAN, MAYBE I'M JUST NOT A GREAT DRIVER.
HOW OLD IS THE HOUSE? SO THE HOUSE WAS BUILT, UM, IN THE, I BELIEVE IN THE FIFTIES OR SIXTIES, BUT THEN WE RENOVATED IT WHEN WE MOVED IN, IN 2000 AND 2000 5, 15, 15.
AND THE PLAN THAT WE SEE ON THE SCREEN TONIGHT, UM, WAS THAT THE PLAN THAT HAD BEEN PRESENTED WHEN IT WAS PUT IN OR NOT? NO, IT WAS NOT.
AND, AND IN RETROSPECT, WE SHOULD HAVE, WE JUST DIDN'T AND IS OUR FIRST HOUSE, SO WE DIDN'T, CERTAIN THINGS WE JUST DIDN'T REALIZE AT THE TIME, NOR DID WE HAVE MONEY TO DO IT.
BUT YOU AND YOUR HUSBAND DIDN'T BUILD THIS, I ASSUME, CORRECT? NO, WE'RE NOT THAT TALENTED.
I WISH WE WERE
WE, WE, IT WAS OUR BUILDER, THE SAME GUY WHO DID THE HOUSE.
SO, UM, WE JUST ASKED HIM TO COME BACK.
ANY OTHER QUESTIONS FROM THE BOARD? YEAH, I, UH, I HAVE A QUESTION WITH, WITH THE BACKYARD.
UM, BEHIND THE FIRE PIT, THERE'S A, A QUITE HIGH HEDGE.
WHOSE PROPERTY IS THAT ON? I BELIEVE THAT THAT HEDGE IS ACTUALLY ON THE NEIGHBOR'S PROPERTY.
I THINK, UM, I THINK SOME OF IT IS ON THE HAWKS PROPERTY, BUT SOME OF IT IS ON THE NEIGHBORS.
IT KIND OF WANDERS A LITTLE BIT.
THAT'S MAYBE, MAYBE, MAYBE THE OWNER CAN ANSWER THAT SINCE THEY'VE BEEN THERE FOR A WHILE.
DO YOU KNOW WHEN THAT, UH, ORDER WAS PUT UP? YEAH.
SO WHEN WE MOVED, IT WAS FLAT AND THERE'S A 14 FOOT DROP THERE.
I I DON'T KNOW IF YOU GUYS ARE AWARE, IT'S NEXT TO THE, OUR HOUSE IS NOT ON THE GOLF COURSE.
THERE'S A HOUSE BEHIND US THAT'S ON THE GOLF COURSE AND THERE'S A HUGE DROP.
SO WE PUT THE HEDGE AND A FENCE THERE BECAUSE WE WERE WORRIED THAT THE KIDS WOULD FALL, BOTH THE NEIGHBOR'S KIDS OR OURS.
SO THAT'S, UM, AND THERE'S A, THERE'S A STONE WALL THERE THAT IS BEHIND THAT HEDGE.
SO DID YOU INSTALL THE PLANTING OR NOT? WE DID, AND WE HAD, WE ASKED PERMISSION TO DO THAT FROM A, TO DO THAT FROM OUR NEIGHBORS BECAUSE I MEAN, WE, WE ACTUALLY ASKED THEM IF THEY COULD CONSIDER PUTTING UP A FENCE AND THEY SAID NO.
SO THE FENCE IS ON THEIR PROPERTY? UH, THE FENCE IS ON THEIR PROPERTY? YES.
AND FOR THE MOST PART, THE FOLIAGE IS ON THEIR PROPERTY OR A COMBINATION OF NO, NO, IT'S LIKE, RIGHT, LIKE THE, IF YOU WERE TO TAKE THE STUMP, IT'S LIKE THE STUMP IS RIGHT IN THE MIDDLE BETWEEN LIKE HALF, THAT'S ON THEIR PROPERTY, HALF IS ON OURS.
AND WHAT IS YOUR, UM, WHAT, IF ANYTHING, THAT, THAT NEIGHBOR HAVE TO SAY ABOUT, UH, YOU REQUESTING THIS VARIANCE? UM, SO I MEAN, THE ONLY COMMENT I GOT WAS THEY SUPPORT US.
UM, BUT I, I MEAN, I DON'T KNOW IF THEY SAID THAT IN JEST OR THEY, THEY MEANT IT, BUT, UM, I, I, I ASKED EVERYBODY, OBVIOUSLY, UM, WHEN THE SIGN WENT UP, IF THEY HAD ANY CONCERNS TO LET US KNOW, BECAUSE, YOU KNOW, THEY'RE OUR NEIGHBORS AND SO WE DON'T WANNA, LIKE, THAT'S, WE DON'T WANNA CAUSE ANY ISSUES WITH OUR NEIGHBORS.
ANYTHING ELSE FROM THE APPLICANT OR THE ARCHITECT FOR THE APPLICANT? UH, NO MA'AM.
WE'RE, I THINK, UH, IT'S PRETTY CLEAR THAT WE'RE LOOKING AT A, A, YOU KNOW, AN INADVERTENT MISTAKE TO HAVE IT GO OVER THE PROPERTY LINE, UH, SORRY, THE SETBACK ON BOTH CASES.
AND, UM, MY CLIENTS ARE SORRY THAT
[01:25:01]
THEY DID THIS WITHOUT A PERMIT.ANYONE IN THE AUDIENCE THAT WANTED TO ADDRESS THIS MATTER.
OKAY, WE WILL DISCUSS IT IN OUR DELIBERATIONS.
AND THE NEXT MATTER ON IS CASE 2207.
AARON, UH, SCHWEIGER PROPERTY AT 1 76 OLD COLONY ROAD, DALE.
AND WHO IS HERE? UH, CHRIS BRODA, AGAIN REPRESENTING MR. SCHWEIGER, AND, UM, HE'S HERE WITH ME AS WELL.
AND THIS IS A CASE WHERE, UM, MR. SCHWEIGER INHERITED, UH, BANYA ON THIS INCREDIBLY STEEP SLOPE.
UM, THERE'S A, UH, SURVEY FROM 19 19 67 THAT SHOWS THE KEBANA IN PLACE NEXT TO A TENNIS COURT.
UH, THIS PROPERTY SPANS THE DISTANCE FROM OLD COLONY ROAD DOWN TO THE PIPELINE.
UM, AND, AND AS YOU CAN SEE FROM THE, UH, IF I MAY SHARE MY SCREEN AGAIN, WHEN YOU SEE THE TOPOGRAPHY, YOU'LL SEE THAT THIS IS AN INCREDIBLY STEEP AREA.
UM, THIS IS, ALL OF THIS HERE ON THE LEFT SIDE HERE IS A STEEP SLOPE CATEGORY.
WE WENT FROM A 53,000 SQUARE FOOT, UH, LOT TO, I THINK IT'S 11,000 SQUARE FEET COUNTS AS, OR 15,000 SQUARE FEET COUNTS AS THE, UM, BUILDABLE LOT WHEN YOU TAKE THE STEEP SLOPE PRODUCTIONS.
SO THIS IS A VERY, VERY STEEP PROPERTY.
THE HOUSE ITSELF SITS OFF OF OLD COLONY ON A FLAG LOT.
IT, UH, IT HAS A LONG DRIVEWAY HERE, AND THE HOUSE IS SITTING HERE.
THEN THE SLOPES BEGIN BEHIND IT.
THERE'S A SET OF STEPS THAT LEAD DOWN TO THE, UM, TO THE TENNIS COURT.
UM, MR. SCHWEIGER, UM, STARTED TO RENOVATE THE, THE, UM, KEBANA, UH, AND WAS ISSUED A STOP WORK ORDER.
AND WE ARE HERE NOW BECAUSE IN THE PROCESS OF TRYING TO, UM, GET A BUILDING PERMIT TO COMPLETE THE WORK ON THIS, ON THE KABANA RENOVATION, WE DISCOVERED THAT BECAUSE OF THE STEEP SLOPES, THE HOUSE, UH, AND THE PROPERTY ITSELF IS OVER THE F A R.
UM, SO, BUT THE, THERE WAS AN ADDITION DONE IN THE 1980S.
HAD THAT ADDITION NOT BEEN DONE, UM, WE CERTAINLY WOULD BE UNDER THE F A R, BUT, UH, THE ADDITION IS WHAT ACTUALLY CAUSED US TO GO OVER THE F A R, NOT THE KABAN.
THE, UM, AND I COULDN'T TELL YOU WHY I, I HAVE NOT FOUND ANY RECORD THAT THEY HAD APPLIED AT THE TIME FOR A ZONING VARIANCE IN THE EIGHTIES FOR THE F A R.
UH, THIS CERTAINLY WAS NOT SELF, UH, SELF-CREATED.
THE KABAI EXISTED, AS DID THE TENNIS COURT.
UM, AND AS FAR AS BEING SOMETHING WHICH IS OUT OF CHARACTER WITH THE NEIGHBORHOOD, UM, I WOULDN'T SAY THAT IT IS.
I MEAN, THE, THE WHAT HAS CAUSED THE ADDITIONAL F A R IS REALLY THE, THE ADDITION THAT WAS PUT ON THE HOUSE, WHICH IS NOT REALLY VISIBLE AT ALL FROM THE STREET.
IN FACT, THE HOUSE ITSELF IS NOT VISIBLE FROM THE STREET.
IS IT IN CHARACTER WITH THE NEIGHBORHOOD OF, YES, IT'S AN ADDITION.
UM, AND THERE'S NO OTHER WAY TO ACHIEVE THIS, UM, VARIANCE BECAUSE THE STEEP SLOPE IS WHAT HAS DETERMINED WHY ON ANY OTHER PROPERTY OF THAT HAD 55,000 SQUARE FEET OF LAND.
THIS CERTAINLY WOULD NOT BE, YOU KNOW, A SIGNIFICANTLY LARGE HOUSE FOR THE PROPERTY.
UH, AS YOU CAN SEE ON THE APPLICATION, THE ACCESSORY BUILDING IS 288 SQUARE FEET IN SIZE, NOT A SUBSTANTIAL AMOUNT.
THE 510 SQUARE FEET THAT WE'RE ASKING FOR IS DUE TO, AGAIN, THE ADDITION THAT HAD BEEN PUT ON THE HOUSE IN THE 1980S.
EVERYTHING IS PREEXISTING AT THIS POINT, HAS BEEN THERE IN PLACE FOR MANY DECADES.
SO WE HAVE NO ANTICIPATED ENVIRONMENTAL ADVERSE EFFECT FROM THIS GRANTING OF THIS VARIANCE, BECAUSE THEY'RE ALL PREEXISTING.
[01:30:03]
UM, AND ERIN, DO YOU HAVE ANYTHING THAT YOU WOULD LIKE TO ADD TO THIS? NO, TH THANK YOU, CHRIS.NO, I DON'T, DON'T, I THINK YOU'VE CAPTURED THE SITUATION WELL, MS. THE BOARD HAVE ANY QUESTIONS FOR US? THE BUILDING BEING SO OLD, THE KABANA THAT IS, UM, WHAT IS THE NATURE OF THE RENOVATIONS THAT, UH, WERE ANTICIPATED? THERE WAS ORIGINALLY, UM, A BATHROOM IN THERE, AND SO MR. SCHWEIGER IS JUST RENOVATING THAT BATHROOM.
SO HE WAS RENOVATING, REPLACING THE SHOWER.
IT'S ADJACENT TO THE TENNIS COURT, SO IT WAS REALLY MEANT TO BE GIVEN THE INCREDIBLY LONG HIKE UP.
UM, IF YOU'RE PLAYING TENNIS AND YOU NEEDED TO GO TO THE BATHROOM, FOR INSTANCE, UM, YOU REALLY DID NEED A PLACE DOWN THERE BY THE, BY THE COURT.
UM, IT'S, IT'S JUST AN INCREDIBLY STEEP DROP.
UM, I THINK WE'RE DROPPING CLOSE TO 50 FEET VERTICALLY.
UM, BUT THE, UM, SO THE ORIGINAL KABANA WAS BUILT WITH A BATHROOM IN IT, AND, UM, THERE'S A DECK ON THE TOP SO THAT PEOPLE COULD SIT UP A TOP AND WATCH THE GAME GOING ON.
UM, SO IT WAS REALLY MEANT AS A RECREATIONAL COMBINING NEXT TO A TENNIS COURT.
AND NOW IT'S OLD FROM THE 1960S AND NEEDS TO BE FIXED UP A BIT.
CHRIS, DO YOU HAVE ANY PICTURES OF THE PROPERTY THAT YOU COULD SHARE? I SAW IN YOUR APPLICATION YOU HAD STREET VIEWS, BUT NOT THE PROPERTY ITSELF.
THAT WAS THE HAWK'S HOUSE INTO THE WRONG FOLDER.
SO THIS IS FROM THE DRIVEWAY THAT COMES UP FROM THE PIPELINE.
THERE'S ACTUALLY A DRIVEWAY THERE WITH ACCESS THERE.
SO WHEN YOU COME UP THE HILL HERE, UM, THIS IS THE KABANA WITH THE, UH, THE RAILING NEEDED TO BE REPLACED.
THE DECKING NEEDED TO BE REPLACED.
UM, THIS, THESE ARE THE STAIRS THAT GO UP TO THE DECK.
AND THIS IS THE SHOWER PAN, UM, SORRY, NEW SHOWER FACILITY AND THE DOORS, THERE'S AN ELECTRICAL PANEL.
UM, CEILING IS GOING TO BE JUST THIS CORRUGATED METAL CEILING.
AND CHRIS, I THINK YOU SAID, BUT I THINK I MIGHT'VE MISSED IT.
I KNOW THAT YOU SAID THERE WAS A, A BATHROOM, WAS THERE A SHOWER ALSO IN THERE, OR IS THAT NEW? UH, AARON, CAN YOU ANSWER THAT? YEAH, THERE, THERE WAS, THERE WAS A SHOWER WHEN I TOOK POSSESSION OF THE PROPERTY.
AND I'VE RECEIVED A LETTER FROM THE OWNER AT THE TIME INDICATING THAT THOSE THINGS PRO, YOU KNOW, HE, HE HAD CONSTRUCTED THAT BACK IN EITHER THE SIXTIES OR THE SEVENTIES.
HE HAD, HE HAD PUT ONE IN AT THE TIME, THIS WAS A VIEW FROM THE STAIRS ABOVE AS YOU CLIMB UP THE HILL.
THAT WAS, I GUESS, SOME VEHICLES GOT THERE WITH THE, UH, GRAFFITI.
BUT THAT, OBVIOUSLY THIS RAILING IS PRETTY UNSAFE, LET'S JUST SAY.
SO THE NEW RAILING IS ONE THAT'S GOT THE APPROPRIATE SPACING OF FOUR INCHES AND MUCH SAFER.
SO THAT OVERHEAD, UM, DOOR THAT OPENS TO THE FRONT OR TO THE REAR, THAT IS ON THE SIDE FACING THE TENNIS COURT.
SO THAT'S ON THIS FACADE OVER HERE FACING THE TENNIS COURT.
[01:35:02]
THERE ARE, BEHIND THAT OVERHEAD ROLLING DOOR IS THIS SET OF FRENCH DOORS.YOU KNOW, THIS IS A CHANGING ROOM, UM, YOU KNOW, WITH BATHROOM WHERE YOU CAN SEE IT AGAIN FROM THE STREET.
YOU CAN ALSO SEE HERE A LITTLE BIT THE, THE CLIMB UP.
THERE'S THE HOUSE BACK HERE WAY UP ON TOP OF THE HILL.
AND YOU CAN SEE THERE'S THIS, UM, STONE WALKWAY WITH A GUARDRAIL THAT GOES, WINDS ITS WAY UP IN THE PLAN.
YOU COME UP A SET OF STEPS, AND THEN THERE'S A SERIES OF GRADUAL STEPS THAT LEAD THE WAY UP AND TRAVERSE UP TO THE HOUSE.
I HAVE NO OTHER QUESTIONS,
UM, IS THIS SOMEPLACE THAT KIDS ARE HANGING OUT OR, UM, WILL YOU BE GATING THE FRONT TO PREVENT THAT THERE IS A METAL, UM, EXTERIOR DOOR, BUT IT WOULDN'T NECESSARILY PREVENT GRAFFITI? THE, UM, I, I, I'VE RECEIVED PHONE CALLS FROM TWO NEIGHBORS WHO, YOU KNOW, INDICATED TO ME VERBALLY THAT, YOU KNOW, GOOD LUCK WITH THE MEETING.
I INVITED THEM TO THE MEETING.
THEY, THEY KIND OF SAID THAT THEY WERE UNAVAILABLE.
BUT, YOU KNOW, THE FEEDBACK THAT I'VE RECEIVED HAS BEEN IN SUPPORT OF THIS.
BUT, UH, MY OBJECTIVE IS SIMPLY TO PUT THE KIBANA INTO A STATE OF REPAIR, UH, SO AS NOT TO INVITE THIS KIND OF GRAFFITI AND, UH, KIND OF, UH, I DON'T KNOW WHAT TO CALL THAT EXACTLY, BUT WOULDN'T INVITE KIND OF NEGATIVE BEHAVIOR SURROUNDING, UH, THE KABANA.
YOU, YOU ALSO HAVE A GATE ON THE BOTTOM OF THAT DRIVEWAY, CORRECT? YES, I DO FENCE THERE.
SO THAT IS A DETERRENT TO SOME EXTENT.
HOWEVER, YOU KNOW, WE ARE HERE ON THE PIPELINE, UM, AND YOU THE WAY UP ON THE TOP OF THE HILL, SO IT CAN'T BE MONITORED 24 7.
BUT I AGREE WITH MR. SCHWEIDER THAT, YOU KNOW, ONCE THIS IS IN GOOD REPAIR AND THE TENNIS COURT LOOKS LIKE IT'S AN ACTIVE WE USED, WHICH HE AND HIS FAMILY INTEND TO DO, UM, THEN, YOU KNOW, THAT ACTS A DETERRENT AS WELL.
DO YOU HAVE ANY, UM, I GUESS SENSOR LIGHTS THAT GO ON, SOMEONE APPROACHES THE PROPERTY OR NOT? ABSOLUTELY.
THOSE ARE, I WANT THOSE DOWN THERE.
AFTER I RECEIVED, UH, STOP WORK ORDER, I BASICALLY HALTED ANY ADDITIONAL CHANGES.
BUT IF YOU THINK THAT THAT'S APPROPRIATE FOR ME TO PUT IN THE INTERIM, I CAN PUT SOME BATTERY OPERATED LIGHTS IMMEDIATELY.
BUT I, I INTEND TO FULLY INTEND TO HAVE SOMETHING LIKE THAT.
UM, EITHER CAMERA SYSTEM LIGHTS, ET CETERA, SO AS TO DISCOURAGE, UM, PEOPLE FROM KIND OF COMING IN AND MAKING USE OF THE PROPERTY.
I, I WILL SAY THAT I NOT ONLY DON'T LIKE THE FACT THAT THERE WAS GRAFFITI, BUT I ALSO, IN THE STATE THAT IT WAS IN, I WAS WORRIED FOR THE SAFETY OF PEOPLE WHO MIGHT TRESPASS.
AND, UH, I LOOK TO MAKE THE WHOLE ENVIRONMENT SAFER THAN IT WAS.
SO THIS IS REALLY A KEY, KEY OBJECTIVE.
SO, JUST AS A SIDEBAR QUESTION THEN, UM, IS THERE A NEED TO HAVE THAT ROOF ACCESS IT? YOU KNOW, THERE WAS A HISTORICAL, AS YOU CAN SEE, IT WAS THERE AND, UM, THERE WAS, THERE'S SOME LORE SURROUNDING THE TENNIS COURT.
IS THAT IMPORTANT? DO I NEED TO HAVE IT? COULD IT BE CLOSED OFF? IN PRINCIPLE? IT COULD.
I THINK THAT IT'S IN KEEPING WITH THE CHARACTER OF THE PROPERTY THAT I RECEIVED, I'D LIKE TO KEEP IT, BUT IF IT IS INDEED DEEMED TO BE, YOU KNOW, COMPLETELY INADMISSIBLE, THEN I WILL HAVE TO DEAL WITH THAT, THAT REALITY.
[01:40:02]
WHETHER THAT IS A USEFUL SPACE OR NOT, I THINK IS MORE OF A DETERMINATION BY THE BUILDING INSPECTOR AND LESS SO OF A, IT'S REALLY NOT A ZONING REQUIREMENT, OR IS IT? WELL, I'M GONNA PAUSE YOU ON THAT BECAUSE I ASKED IF IT WAS A REQUIRE, IF IT WAS SOMETHING HE REALLY WANTED AS THE OWNER.SO THAT'S, IT IS REALLY, IT IS PRINCIPLE AND THE FACT THAT I'M ASKING HIM IF IT'S SOMETHING HE REALLY WANTED.
AGAIN, I, I, I, I THINK YOU HIT THE NAIL ON THE HEAD.
I THINK THAT, YOU KNOW, I DO WANT SAFETY, BUT I ALSO WANNA PRESERVE SOME OF THE EXISTING FUNCTION.
SO IMMEDIATELY IN MY MIND WAS TO PRESERVE THE FUNCTION AND MAKE IT SAFE.
UM, I, IF THERE IS, IF IT'S IMPOSSIBLE TO DO THAT, IF THE RULES MAKE IT IMPOSSIBLE OR IF IT'S IT'S PHYSICALLY IMPOSSIBLE TO BE SAFE, THEN I WILL ACCOMMODATE THAT REALITY.
I WOULD CAUTION, UH, THAT I WILL DEFER TO ANTHONY ABOUT THIS, BUT IF YOU DO DECIDE TO PUT A MOTION SENSOR LIGHTING, LET'S SAY, ON THAT DRIVEWAY, UH, APPROACHING FROM PIPELINE, THAT THEY, THAT THE LIGHTING BE DIRECTED INWARD AND NOT AT, UH, SURROUNDING PROPERTIES OR OFF THE, OR OFF THE, UH, SITE.
YEAH, THAT MAKES PERFECT SENSE.
I, I DON'T, CERTAINLY, IT IS NOT MY OBJECTIVE TO, UM, EITHER AFFECT THE TRAFFIC THAT'S ON PIPELINE OR CREATE AN EYESORE FOR ANY NEIGHBORS.
ANYTHING ELSE? WELL, I THINK WE'VE COVERED EVERYTHING.
WE WILL, UM, ADJOURN FOR OUR DELIBERATIONS AND ALSO OUR DISCUSSIONS WITH RESPECT.
OH, MADAM CHAIR, DO YOU WANNA MENTION ITEM EIGHT? I THINK WE DO THAT AT THE END.
I DON'T BELIEVE THERE WERE ANY SPEAKERS THERE.
SO, UM, WE WILL BE ADJOURNING AND TAKE A FIVE MINUTE BREAK.
[01:53:09]
ALL[01:53:09]
RIGHT.SO EVE, DO YOU WANT ME TO, UM, HIT RECORD? ARE YOU READY? YOU'RE ON MUTE THERE.
DOES ANYONE HAVE ANY, UM, OBJECTION TO 2126 BLOOM ENERGY REQUESTING AN ADJOURNMENT? NO.
L I NEED TO FIND THEIR FOLDER.
I ONLY HAVE THE, UH, COVER MEMOS.
WE MUCH FROM THEM IN SOME TIME BECAUSE THEY KEEP ATTORNEY.
IS APRIL 28TH A REALISTIC DATE FOR THEM RATHER THAN JUST PUTTING IT OVER MONTH TO MONTH? ED, I SPOKE TO THE ATTORNEY.
THEY RECENTLY HIRED AN ATTORNEY, AND THE ATTORNEY, UH, FELT COMFORTABLE IN BEING ABLE TO REVIEW ALL THE MATERIAL AND PRESENTING AT THE APRIL 28TH MEETING.
AND, UM, NEXT IS THE ROOFED SUN DECK AS OPPOSED TO A, AN AWNING.
[01:55:02]
AND I HAVE MIXED FEELINGS ABOUT IT MYSELF.SO DON'T EVERYBODY SPEAK AT ONCE.
THERE'S NOT THAT MANY OF US SHOULDN'T TAKE US THAT LONG.
WELL, EXCEPT THAT IF YOU HAVE RESERVATIONS, THEN THEY DO NEED A UNANIMOUS VOTE.
I KNOW, BUT I JUST SAID I HAD MIXED FEELINGS.
AH, I DIDN'T LIKE THE PRESENTATION.
UM, CONSTANTLY WE, WE, AND THE SAME THING I WAS TELLING THE ARCHITECT ON THE LAST CASE I JUST SPOKE ON NEED OVER FUNCTION.
UM, I APPRECIATE THAT THEY'RE ELDERLY.
UM, I DIDN'T WANNA BE CANTANKEROUS BY SAYING, LISTEN, THERE ARE AUTOMATED SYSTEMS, WHETHER IT BE THROUGH RLO, UM, GOOGLE NEST, THAT BASED ON WEATHER WILL AUTOMATICALLY RETRACT THE AWNING AT THIS POINT.
UM, HOWEVER, HAVING SAID THAT, I DIDN'T LIKE THE PRESENTATION.
I DID APPRECIATE WHAT THE ENGINEER DID BRING BACK IN TERMS OF THE WATER MITIGATION, WHICH I THINK IS THE PRINCIPLE ISSUE.
SO HAVING SAID THAT, UH, I'LL BE INTERESTED TO SEE WHAT OTHER FOLKS HAVE TO SAY, AND I WOULD TACITLY BE IN AGREEMENT.
I, I THOUGHT, UH, WAIT, AM I ON? OH, YEAH, I THOUGHT THAT THEY ADDRESSED THE DRAINAGE ISSUES, WHICH WERE THE MAIN YES.
UM, AND I MEAN, TO BE HONEST, IF THAT, I HAVE NO OBJECTION TO IT.
I, I MEAN, I UNDERSTAND AN AWNING IS THEY WOULDN'T NEED A VARIANCE.
UM, BUT LIKE IF I, IF MY MOTHER WANTED A ROOF OVER HER DECK AND I WAS LIKE, OH, I'M GONNA PUT IN A GOOGLE NEST AND YOU'RE GONNA DO THE, I MEAN, SHE WOULD LOOK AT ME WITH LIKE, I HAD FIVE HEADS, SO I, I GET IT.
AND
YOU CAN'T JUST SAY, ALEXA, CLOSE THE AWNING.
NO, I MEAN, I, I WOULD BE THE ONE RESPONSIBLE THEN.
CHRISTIE, WHY DOESN'T ALEXA ANSWER? I MEAN, YOU KNOW,
AND, UH, I, I DON'T HAVE AN OBJECTION TO IT.
SO, DIANE, I ALSO HAVE MIXED FEELINGS ON THIS.
EXCUSE, EXCUSE ME FOR A MINUTE.
YOU SEE, ED? IT'S NOT JUST ME.
NO, I
I MEAN, WE'VE TURNED DOWN THEM IN THE PAST ONLY ONE, ONLY SIX MONTHS AGO.
BUT THE CIRCUMSTANCES ARE DIFFERENT.
IT'S NOT VISIBLE FROM THE STREET.
UM, IT'S NOT THE SAME SIZE AS THE HOUSE, SO IT'S MUCH SMALLER.
UM, YOU KNOW, I DO HAVE GREAT EMPATHY FOR THAT.
THEY ARE ELDERLY AND NEED THE NEED THE COVER.
UM, YOU KNOW, I I, I DON'T HAVE GREAT OBJECTIONS EITHER TO IT.
UM, SO I, YOU KNOW, I COULD BE PROBABLY CONVINCED EITHER WAY.
UM, BUT I DON'T, I DON'T HAVE REALLY STRONG FEELINGS EITHER WAY.
THE, THE ONLY OTHER THING THAT I'LL SAY, WHAT IS A OBVIOUSLY CONCERN WITH ANY DECK OR PAVED SERVICES IS IN TERMS OF THE WATER, THE MORE THE WATER RETENTION.
SO THE FACT THAT THE DECK IS GOING TO BE THERE ANYWAY, I DON'T SEE NECESSARILY THE DIFFERENCE OTHER THAN THE WATER JUST NOW AT THIS POINT BEING DIRECTED TO THAT WATER RETENTION SYSTEM AND HIS SENATE ALL.
CHRISTIE SAYS, OKAY, I'M IN FAVOR.
I DON'T WANNA BE THE MEANIE TONIGHT.
THAT YEAH, THAT'S WHAT, THAT'S EXACTLY HOW I FEEL.
SO IF ONE OF US SAYS, NO, IT'S, YOU KNOW, OR ONE OF US HOLDS OUT AND SAYS, YOU KNOW, THEN IT DOESN'T HAPPEN.
I THINK CHRISTIE SHOULD WRITE IT.
[02:00:02]
I DIDN'T SAY THAT.UM, NEXT IS, UM, DIANTE REALTY, THE CIGAR LOUNGE, ARE WE PREPARED TO LET THEM WITHDRAW? YES.
DO WE KNOW WHY? DO WE KNOW? DO WE HAVE, DO WE KNOW WHY THEY WITHDREW? ARE THEY NOT GONNA PUT IT THAT I, WE CAN ASK ERIC.
ED MAY HAVE SPOKE WITH THEM MORE, BUT I JUST SENSED THAT THEY DID NOT HAVE A LEVEL OF CONFIDENCE, UH, THAT THEY WOULD NAVIGATE THEIR WAY TOWARDS AN APPROVAL WITH THE BOARD.
SO I THINK THEY DID NOT WANNA INVEST ANY MORE RESOURCES.
I MEAN, IT WOULD, IT WOULD TAKE A LITTLE EFFORT ON THEIR PART TO GET AROUND, YOU KNOW, THE USE VARIANCE.
AND THEY WEREN'T REALLY PRESENTING ANY EFFORT, IN MY OPINION.
I, I LIKE THE THOUGHT OF THE CIGAR, WHATEVER, BUT YOU'VE GOTTA SHOW, YOU KNOW, THAT IT'S, YOU NEED A VARIANCE, YOU GOTTA, YOU KNOW, SUPPORT THE VARIANCE.
THEY WEREN'T, THEY WEREN'T, UH, IT WAS MENTIONED THAT, UH, THEY WERE, UH, FAR DISTANCE AWAY FROM GETTING A USE VARIANCE.
JUSTIFYING A USE VARIANCE, LET'S PUT IT THAT WAY.
YOU MEAN THERE WERE A FAR DISTANCE IN THE WAY THEY WERE PRESENTING THEMSELVES, IMPROVING, IMPROVING.
IT MAY, YOU KNOW, IF YOU EITHER HAVE THE PROOF OR YOU DON'T.
IT'S NOT A MATTER OF WANTING OR NEEDING AND NOT DOING A GOOD, GOOD ENOUGH JOB.
IF YOU DON'T HAVE THE FACTS, YOU DON'T HAVE THE FACTS.
NEXT IS THE ABRAHAMS, WHICH IS CONSTRUCTING A SUNROOM THIS TIME.
SO THEY REDUCED SOMEWHAT FROM THE 90, FROM THE 49 PROPOSED DOWN TO THE 45 83.
SO THE IMPERVIOUS WAS REDUCED BY 800 AND 487 SQUARE FEET.
OVERALL, ANYTHING ELSE ANYBODY CAN SUGGEST OR WANT AT THIS POINT? I MEAN, IS THAT, DID YOU GUYS SUGGEST THAT AT THE LAST MEETING? YEAH.
I MEAN, THEY KEPT A LITTLE PATIO, BUT IT REALLY IS A, A VERY SMALL PATIO.
AND I DON'T KNOW IF THERE'S ANYTHING ELSE THEY COULD, UH, JUST, YOU KNOW, TAKE OUT.
I MEAN, THEY REDUCE THE SURFACE COVERAGE AND THE VARIANCE ON THE FRONT YARD IS EXACTLY THE SAME, SO MM-HMM.
DIANE, THIS ONE'S PRETTY SIMPLE.
YOU THINK YOU CAN WRITE IT OFF? UH, THE ONLY THING IS I WASN'T IN THE LAST MEETING, SO I DON'T KNOW WHAT WE ASKED THEM TO DO.
DO WE WANNA ADDRESS THAT? WE WANTED THEM TO, WE WANTED THEM TO CONSIDER MAKING THEIR, UH, MAKING IT SMALLER.
THAT'S WHAT I ASKED IN THE LETTER.
AND ADDING, ADDING GARY, JUST IN TERMS OF THAT 5.08, IS THAT THAT PERCENTAGE INCREASE? CORRECT.
THEY HAVE THAT ON THEIR LETTER.
THAT'S THE NUMBER THAT WE'RE GONNA USE THAT WE HAVE TO USE.
THEY HAVE IT ON THEIR LETTER, SO.
SO WHO'S WRITING IT UP, DIANE? I AM.
DIANE, YOU HAVE THE NEW FORM? I DO.
[02:05:01]
YEP.SO SINCE THE LADIES ARE WRITING, UH, JUST JUMP RIGHT IN, WILLIAM.
UM, WE'D HAVE TO HAVE A LITTLE, WELL, LISTEN.
NO, NO, WE WOULD NEED TO HAVE CONVERSATION.
MY ONLY, I I WOULD BE INCLINED TO GIVE THEM THE USE VARIANCE.
UM, THE ONLY THING I WOULD SAY WOOD OR WOOD WOULD THE ONLY PAUSE I HAVE, AND I, AND I PROBABLY SHOULDN'T SAY WHAT I'M ABOUT TO SAY, BUT I WILL JUST, AND OBVIOUSLY THIS WOULD PROBABLY BE KICKED BACK TO PLANNING OR TO SOME OTHER POINT.
AND THAT'S GOING TO BE AS WE MOVE FURTHER ALONG WITH, UM, THE, UH, RECREATIONAL USE OF MARIJUANA FARMS AND RETAIL PLACES SUCH AS THIS WILL BECOME A PREMIUM.
SO AS THEY THEMSELVES ARE ARTICULATING, CAN I JUST INTERRUPT FOR ONE MINUTE? CAN, CAN EVERYBODY MUTE WHO'S NOT TALKING BECAUSE I'M HEARING LIKE SOMEBODY'S TV OR SOMETHING AND I'M GETTING REALLY DISTRACTED.
NO, YOU'RE MUTED NOW, WILLIAM.
WHAT I WAS SAYING IS, IS THAT I WOULD DO A USE VARIANCE BECAUSE TO ZONE IT AS SUCH AS A, A FARM OR ANY OTHER ENTITY OTHER THAN FOR THIS USE THAT WE'RE PRESENTING, IT COULD OPEN THE DOOR THAT LATER DOWN THE ROAD, THIS IS SOMETHING ELSE WHICH THE TOWN PROBABLY HAS NOT PREPARED TO, TO ADDRESS JUST YET.
SO WILLIAM, THAT'S, UM, A GOOD, GOOD CONSIDERATION.
AND I WOULD JUST LET YOU KNOW THAT, UM, I WANNA LET THE BOARD KNOW, THE TOWN OF THE TOWN BOARD, UM, HAS REQUESTED COMPREHENSIVE LEGISLATION, LOCAL LAW WITH REGARDS TO MARIJUANA AND SPECIFICALLY TO, UH, RECREATIONAL SALE FACILITIES.
SO, UM, THE LOCAL LAW WILL ADDRESS THAT, BUT IT WILL BE BROADER TO DISCUSS, UM, UM, COMMERCIAL, UH, UM, GROWTH FACILITIES.
AND, UM, ONE OF THE CONCEPTS WOULD BE THAT, UH, THOSE TYPES OF FACILITIES WOULD BE RESTRICTED TO LIKE THE DI WAREHOUSE TYPE DISTRICTS AND HAVE TO BE IN FULLY ENCLOSED FACILITIES.
UM, SO THAT, THAT'S ONE CONSIDERATION THAT COULD BE VERY LIKELY TO BE A PART OF A LOCAL LAW.
UM, SO AS TO AVOID, YOU KNOW, NUISANCE ODOR NUISANCES AND THINGS LIKE THAT FROM LARGE SCALE OUTDOOR, UH, GROWTH FACILITIES.
ALSO, IF THE BOARD WAS GOING TO GRANT THE VARIANCE CONDITION, THE TYPE OF THINGS THAT ARE GONNA BE SOLD THERE, SUCH AS FRUIT, VEGETABLES, BAKED GOODS, DAIRY, IF THEY'RE GONNA BE SELLING DAIRY GOODS, YOU COULD LIST IT ALL.
SO GUYS, I THINK WAS, DIDN'T THIS HAPPEN WITH THE FARM ON HARTSDALE AVENUE AND SEACOR ROAD? CORRECT.
SO WHAT, WHAT ARE THE GUIDELINES? I WOULD THINK THAT WE WOULD HAVE A PRETTY GOOD PRECEDENT THERE.
WELL, FIRST YOU HAVE TO START WITH WHAT THEY'RE ASKING.
YOU KNOW, THEY MAY NOT BE ASKING FOR EVERYTHING THAT THE OTHER PLACE, UH, GOT PERMISSION TO DO.
ALL THEY MENTIONED WERE FROZEN PIES AND, YOU KNOW, DONUTS.
BUT THEN THEY SAID THEY WOULDN'T COOK THINGS ON THE PREMISES.
SO I'M SAYING TO MYSELF, WHO WANTS COLD DONUTS? BUT I DON'T KNOW.
WELL, I THINK THEY SAID THAT THEY WOULD HEAT THEM UP, BUT THEY WOULDN'T BE NO, THEY WOULD HEAT THE PIES.
SO THEY WOULD STILL NEED SOME KIND OF AN OVEN OR KITCHEN FACILITY TO DO THAT.
AND IF, IF WHAT THEY'RE DOING IS BUYING FROZEN PIES AND HEATING THEM UP AND SELLING THEM, IS THAT SOMETHING THAT YOU WANT TO, UH, ENCOURAGE, RIGHT.
AND YOU KNOW, REMEMBER I THINK SOMEWHERE IN THERE THEY SAID THAT THE PRODUCE, AT LEAST THE, UH, THE FRUITS AND VEGETABLES WOULD BE EITHER GROWN ON SITE OR LOCAL.
I FORGET WHICH TERM THEY USED.
BUT, BUT BEFORE YOU GO THERE, THERE'S A MORE BASIC QUESTION.
AND THAT IS, IF, IF YOU'RE GOING, IF YOU'RE LEANING TOWARD THE USE VARIANCE, I'M, WELL, THE QUESTION IN MY MIND IS WHETHER THEY HAVE ESTABLISHED ALL THE FOUR, UM, CRITERIA, YOU HAVE TO, YOU HAVE TO SATISFY EACH AND EVERY
[02:10:01]
CRITERIA TO GET, UH, UH, USE VARIANCE.IN OTHER WORDS, THE LAST ONE IS THE EASIEST TO EXPLAIN IN AN AREA VARIANCE.
IF, IF THE DIFFICULTY IS SELF-CREATED, THAT'S NOT A BAR, BUT IT IS TO A USE VARIANCE.
SO EVEN IF THEY SATISFY THE FINANCIAL AND THE UNIQUE AND THE CHARACTER OF THE COMMUNITY, IF IT'S SELF CREATED, IT IS, YOU CANNOT ISSUE, YOU CAN, YOU CAN'T GRANT THEM OUR USE VARIANCE IN THIS PARTICULAR CASE, WHAT THEY SAY IS THE PROPERTY CAN'T BE USED FOR RESIDENTIAL PURPOSES AND THAT'S IT.
THEY, THEY JUST MAKE A CONCLUSORY STATEMENT THAT IT CAN'T, WITHOUT REALLY, UH, SUPPORTING THAT.
I, I WOULD DO THE OTHER ONE, NOT THE USE VARIANCE.
YOU, YOU WANNA GRANT THE APPEAL THAT THEY DON'T NEED A USE VARIANCE.
AND THEY CAN DO WHATEVER THEY WANT, BUT THAT'S NOT, THAT'S NOT WHAT THE OTHERS ARE SAYING.
I WOULD DO THE CONSTITUTES AN INCREASE IN THE VOLUME OF THE EXISTING BUSINESS.
WELL THEN YOU HAVE, WHAT YOU HAVE TO DETERMINE IN THAT CASE IS THAT THIS IS A PART AND PARCEL OF THE EXISTING BUSINESS.
THE QUESTION IS WHETHER SELLING, WELL THEN IT'S AN EXPANSION, I WOULD SAY THEN THEY NEED AN AREA VARIANCE TO INCREASE THEIR NON-CONFORMANCE OR WHATEVER.
'CAUSE AREN'T THEY ALREADY? BUT THAT'S A SEPARATE ISSUE.
BECAUSE I DON'T THINK THEY GET THE USE VARIANCE.
I, I WOULD SUGGEST THAT EVERYONE READ THE PRIOR DECISIONS ON THE OTHER GREENHOUSE IN THE TOWN.
THERE'S A LONG HISTORY ON THAT GREENHOUSE WITH ALL PRIOR DECISIONS.
AND IT WOULD BE VERY HELPFUL, I BELIEVE IF ALL THE BOARD MEMBERS WOULD READ THROUGH THOSE DECISIONS.
YOU MEAN THE, THE ONE ON CCO? CORRECT.
SO I THOUGHT THIS WAS VERY SIMILAR TO THAT.
I THINK THAT'S WHAT ANTHONY JUST SAID,
BUT I THINK THEY WERE MAKING CERTAIN THINGS ON PREMISES.
RIGHT? THAT WAS, THAT WAS ONE DISTINCTION THEY MADE.
YEAH, BUT I THINK THEY DID IT IN STAGES, DIDN'T THEY? ANTHONY? WHEN I READ THROUGH, I MEAN I ALSO REMEMBER IT, BUT I THINK THAT BEFORE THEY PUT IN A BAKERY, THEY STARTED SELLING THE VEGETABLES.
SO THERE IT LOOKED LIKE THERE WERE LIKE YEAH, THREE OR FOUR TIMES THAT THEY ACTUALLY WENT, CAME TO THE BOARD.
THERE, THERE WAS, THERE WAS A LONG HISTORY THERE.
AT ONE POINT THE USE WAS ADDRESSED ALSO.
I BELIEVE THE FIRST ONE WAS A USE VARIANCE THE VERY FIRST.
AND THEN ALL THE OTHERS WERE JUST ADDRESSING THE CONDITIONS CHANGE TO THE CONDITIONS.
BUT THESE PEOPLE RECEIVED A USE VARIANCE ALREADY FOR THE NURSERY? NO, NO.
IT'S EXISTING NON-CONFORMING USE.
OH, I'M NOT SO SURE ABOUT THAT.
BUT WE CAN START WITH THAT BECAUSE ONCE THEY GET A VARIANCE, IT'S NO LONGER NOT PERFORMING.
YOU'RE SAYING, UH, UH, AREA VARIANCE ED? UH, JUST ONE SECOND.
UH, IN THE, UH, SEACO ROAD, THE, THE WESTCHESTER FARM, ONE OF THE CONDITIONS IS THAT THE FOOD BE MADE QUOTE SOLELY FROM FRUIT AND PRODUCE GROWN ON THE FARM.
NOW, I THINK YOU PROBABLY WOULD NEED TO EXPLORE THAT WITH THE APPLICANT HERE IN THIS CASE.
[02:15:03]
AND THEN, AND THEN THEY, WHAT I TALKED ABOUT WHAT, WHAT WOULD BE, YOU KNOW, CLOSE OR, OR WHAT WOULD BE, YOU KNOW, LOCAL AND GROWN ESSENTIALLY THEY WOULD BE BRINGING IN APPLES.THEY DON'T HAVE THE MEANS OF, I GUESS THEY COULD OF, OF GROWING APPLES THERE.
THEY'D HAVE, THEY COULD TRUE, THEY COULD TURN THE APPLES INTO APPLE PIES THERE.
BUT I DOUBT THAT THAT'S, I I MEAN WHEN, WHEN YOU THINK ABOUT IT, THESE FARM STANDS SELL ALL KINDS OF FRUIT, THE ORANGES, YOU KNOW, LEMONS, YOU KNOW, EVERYTHING.
ALL KINDS OF FRUITS THAT ARE NOT GROWN LOCALLY ON, ON THEIR PROPERTY.
SO MAYBE THAT CONDITION CHANGED THAT MAYBE IT WAS AN OLDER ONE.
YOU KNOW, FARM, FARM STANDS HAVE ALL KINDS OF FRUITS AND VEGETABLES.
THAT'S SOMETHING I THINK WE GOTTA TAKE A DEEPER LOOK AT.
THEY SELL POTATOES, ONIONS, BEETS, ALL, YOU KNOW, ALL KINDS OF GREEN GREENERY VEGETABLES.
THE ONE I WAS REFERRING TO WAS THE 2010, 2009 CASE.
IT WAS, UH, DECIDED IN JANUARY OF 2009 FOR THE SUBJECT PROPERTY ED.
THE CARLSTON'S NURSERY? NO, NO, NO, NO.
I'M TALKING ABOUT THE, UH, WESTCHESTER FARMS. OKAY, THANKS.
THE SPEAKING WITH MY MUTE ON AGAIN.
WHAT, WHAT I WAS SUGGESTING IS, UH, ONE OPPORTUNITY TO REREAD THOSE, UM, DECISIONS COUPLED WITH ASKING THE APPLICANT TO PROVIDE A MORE DETAILED OUTLINE OF WHAT IT IS THEY ARE REQUESTING TO DO ON THE PREMISE.
MORE SPECIFIC, BUT WHAT, WHAT THEY'RE GOING TO SELL.
WHAT THEY'RE GONNA SELL IS, SO THE SOURCE OF, OF WHAT THEY'RE SELLING, I GUESS IS NOT REALLY SIGNIFICANT.
WHAT'S THE RELATIVE SIZE OF THE FARM STAND VERSUS THE RETAIL STORE THAT'S THERE NOW? IT LOOKED BIGGER IN THE RENDERING, BUT I WASN'T SURE.
WELL, YOU, YOU COULD HAVE THEM CLARIFY THAT FOR YOU.
THE, THE HOUSE PART WHERE THE REGISTERS ARE, THAT WHERE THE SALES ARE IS MUCH SMALLER THAN WHAT THE NEW STRUCTURE IS, BUT IT'S CONNECTED TO ALL GREENHOUSES.
SO I THINK WHEN YOU LOOKED AT SITE PLAN, THE EXISTING LOOKED A LOT LARGER, BUT YOU KNOW, THE BIG PART OF THAT WAS MADE UP BY GREENHOUSES.
BUT IF YOU LOOK AT THE RENDERING THAT THEY SHOWED, IT LOOKED LIKE IT WAS VERY MUCH LARGER THAN, UH, THE EXISTING STORE.
AND THEN IT BECOMES A QUESTION.
'CAUSE THEY MENTIONED IT'S PART OF THEIR APPLICATION THAT THEY'RE, IT'S GONNA BE AN ACCESSORY USE.
AND THIS, YOU KNOW, IT GETS INTO THE FERNCLIFF SITUATION WHERE THE SO-CALLED ACCESSORY USE MAY BE BIGGER THAN THE, THE EXISTING USE.
AND I WOULD THINK, YOU KNOW, THE, THE EXISTING BUILDING FOR SALES THAT YOU'RE LOOKING AT IS MUCH SMALLER.
IT'S CONNECTED TO GREENHOUSES NEXT TO IT.
AT A LARGE, BUT, BUT THE NEW BUILDING IS LARGER, YOU KNOW, AND THAT'S SOMETHING FOR THEM TO PROVIDE YOU WITH EXACT SQUARE FOOTAGES.
AND YOU KNOW, THE RETAIL, IN OTHER WORDS, THE RETAIL SALES AREA OF THE, OF THE EXISTING IS MUCH SMALLER.
THAT LITTLE HOUSE THAT YOU SAW THERE AND, AND THE, UH, IS THERE A PLAN THAT SHOWS THE SECOND FLOOR OF THE PROPOSED FARM STAND? IS IT IS, IS IT A FLOOR THAT'S GOING
[02:20:01]
TO BE USED OR ACCESSIBLE TO THE PUBLIC? OR IS IT JUST LIKE A, A CATHEDRAL CEILING TYPE SITUATION? NO, THEY SAID IT WAS OPEN TO THE LOWER.I'M GONNA, DO YOU REMEMBER SEEING IT? FOR SOME REASON I THOUGHT THERE MIGHT HAVE BEEN ANCILLARY OFFICES UPSTAIRS, LIKE A LITTLE OFFICE AREA OR SOMETHING, BUT I'M NOT, YEAH, THAT WOULD MAKE SENSE BECAUSE THEY INDICATED 4,000 SQUARE FOOT FOOTPRINT AND THEN ROUGHLY 5,500.
SO THAT WOULD MAKE SENSE THAT THERE WOULD BE LIKE OFFICES ABOVE, UH, IN A SECOND FLOOR.
'CAUSE THEY DID INDICATE SECOND FLOOR.
I'M LOOKING THROUGH THE APPLICATION RIGHT NOW, BUT WE CAN HAVE THAT CLARIFIED AS WELL.
I I WOULD ALSO MAY, BECAUSE OF THE BUSINESS, I HAVE QUESTIONS ABOUT IF PARKING, IF THEY ACTUALLY HAVE ENOUGH PARKING.
IT WAS, I THINK IT WAS LIKE 35 OR 37 SPACES.
AND I KNOW LIKE WHEN I GO TO THE WESTCHESTER FARMS ON, UH, HARTSDALE AND SEACOR, LIKE SOMETIMES THAT PARKING LOT IS LIKE FULL TO CAPACITY DURING HIGH DEMAND SEASON WHEN IT'S LIKE, YOU KNOW, CHRISTMAS TREES OR UH, SPRING FLOWERS AND THEN PEOPLE BUYING FRUIT AND VEGETABLES.
ONE, ONE THING THAT I WOULD CONSIDER THAT WE COULD ASK IS THE APPLICANT OWNS ANOTHER, UM, NURSERY COMBOED WITH A FARM STAND, VERY COMPARABLE TO WHAT THEY PROPOSE HERE.
AND IT'S, IT'S VERY INTERESTING.
IT'S LIKE ALMOST A CARBON COPY OF WHAT THEY WOULD ENVISION THIS SITE BEING.
UM, AND IT'S VERY SIMILAR IN THE SENSE THAT THIS SITE IS ON A STATE ROAD AS IS ON THE SITE HERE IN GREENBURG.
SO UP IN CORTLAND IN WESTCHESTER, UH, I VISITED THAT SITE AND UM, YOU KNOW, 'CAUSE I WANTED TO GET A FEEL OF, OF WHAT, WHAT, WHAT THAT'S LIKE.
SO, UM, WE COULD POSE QUESTIONS TO THEM SUCH AS, YOU KNOW, HOW MANY SQUARE FEET IS YOUR FARM STAND THERE? UM, HOW MANY PARKING SPACES DO YOU HAVE? UM, UM, AND SIMILARLY WITH THE TRAFFIC, YOU KNOW, I, I DEFINITELY HAD SPOKE TO THEIR TRAFFIC PROFESSIONAL AND INDICATED, YOU KNOW, I WOULD LIKE COUNTS FOR, YOU KNOW, HOW MUCH, UM, UH, TRAFFIC IS GENERATED ON LIKE A SATURDAY AND THEN A WEEKDAY PEAK DAY, UM, ON A WEEKDAY PEAK SO THAT, UM, WE CAN, YOU KNOW, TR COMPARE THAT TO TRADITIONAL, UH, TRAFFIC PATTERNS IN AND OUT OF CARLSON'S, WHICH, UM, YOU KNOW, WE HAVE THAT DATA.
SO, UM, I THINK YOUR QUESTION'S GOOD DIANE, AND ON SEVERAL LEVELS WE CAN PROBABLY LEARN A LOT FROM THEIR EXISTING FACILITY.
ED, I HAVE ONE OTHER QUESTION.
WHEN, WHEN DID THE UM, THE FIVE FACTORS FOR A USE VARIANCE COME INTO PLAY? LIKE, HAVE THEY ALWAYS BEEN AROUND OR DID THAT START LIKE IN THE LATE NINETIES OR WHEN? OH, WHOA.
YOU MEAN BEFORE FACTOR STATUTORILY FOUR FACTOR? YES.
WHAT IT WAS WAS, IT WAS IN 1993, THEY RE CODIFIED ALL THE ZONING LAWS.
YOU JUST ANSWERED MY QUESTION
AND, UH, FOR YOU VARIANCE IT BECAME, SO WHAT THEY TRIED TO DO IN 1993 WAS CODIFY THE EXISTING CASE LAW.
THE FIVE FACTORS ARE FOR AREA VARIANCES, NOT USE VARIANCES.
BUT LIKE, SO FOR THESE USE VARIANCES, BUT YOU SAID IN 1993 THEY CODIFIED THE FACTORS FOR YES.
BECAUSE LIKE THESE PREVIOUS DECISIONS PRE PRE, SOME OF THEM PREDATED.
RIGHT? THE ORIGINAL ONE FOR THE HARTSDALE FARM WAS IN 1993 OR 1 19 91.
BUT, BUT THE PRIOR TO 1993, THEY JUST HAD TWO STANDARDS FOR AREA VARIANCES.
IT WAS CALLED PRACTICAL DIFFICULTIES.
AND FOR USE VARIANCES, IT WAS CALLED, UM, UM, UNDUE HARDSHIP.
AND THE CASES, THE CASES DEFINE THEM USING THE FACTORS.
AND THAT, THAT WAS CODIFIED IN 93.
'CAUSE THE, THESE USE EXPERIENCES THEN
[02:25:01]
WERE BEFORE 1993.YEAH, I THINK IT, IT, IT WASN'T MUCH DIFFERENT.
IT JUST, I MEAN LIKE THE ONE FROM THE HAR WEST HARTSDALE FARM DOESN'T GO THROUGH LIKE ALL OF THOSE BACK.
WELL BACK THEN THAT BACKED
I DON'T WANNA, YOU KNOW,
SO I, I GUESS WE SHOULD, UH, PUT THIS OVER AND THEN, AND THEN WE WILL, I HOPE SOMEBODY'S WRITING DOWN THE QUESTIONS TO ASK CAROL.
YEAH, WE'RE TAKING NOTES AND, AND I, AND I JUST WANTED, FOR THE RECORD, I WANNA CORRECT THEM.
SORRY CAROL, WHAT'D YOU SAY? I SAID I'VE BEEN TAKING NOTES.
I'LL PUT THEM TOGETHER AND THEN IT CAN CORRECT THEM.
I JUST WANNA RETRACT ONE STATEMENT I MADE, UM, REGARDING THE USE OF THE PROPERTY.
I THINK I HAD INDICATED POTENTIALLY THAT IT'S AN EXISTING NON-CONFORMING USE.
THE USE IS NOT ALLOWED IN THE ONE FAMILY RESIDENCE DISTRICT, BUT THERE IS PRIOR Z B A HISTORY.
SO I DON'T WANT TO STATE AS FACT THAT THE USE ON THIS SITE AS IT PRESENTLY EXISTS IS A NON-CONFORMING USE.
UH, ED, ONE, ONE SECRET QUESTION I WANNA POSE YOUR WAY FOR THE BENEFIT OF THE BOARD.
UM, IF THE APPLICATION IS ENTERTAINED BY THE ZONING BOARD AS A USE VARIANCE, UM, IN MY OPINION, I THINK IT WOULD BE ADVISABLE TO HAVE THE ZONING BOARD CONSIDER BEING LEAD AGENCY.
UH, HOWEVER, IF THE ZONING BOARD WERE INCLINED TO, UH, AGREE WITH THE APPLICANT'S INTERPRETATION QUESTION, UM, I DON'T THINK IN THAT INSTANCE IT WOULD MAKE SENSE THEN THERE WAS NOTHING BASICALLY LEFT FOR THE ZONING BOARD TO DO.
SO I JUST, SO I JUST WANNA, SORRY, I DIDN'T GET A CHANCE TO SPEAK WITH YOU ON THIS BEFORE, BUT, UM, AT THIS POINT, DO YOU THINK IT'S ADVISABLE FOR THE ZONING BOARD TO DECLARE ITS INTENT TO BE LEAD AGENCY WITH A PERSPECTIVE? NO, I THINK IT'S PREMATURE BECAUSE WE DON'T, IT, AS I JUST SAID, IF WE GRANT THE APPEAL, UH, THEN THERE'S NOTHING FURTHER FOR THE ZONING BOARD TO DO TO APPROVE.
SO WE CAN REVISIT THAT AT A LATER DATE.
OR YOU COULD MAKE, UH, I GUESS SITE PLAN GO TO THE PLANNING BOARD THEN, THEN MAYBE THE PLANNING BOARD.
IF, IF YOU WANT TO DO SOMETHING NOW, THEN THE PLANNING BOARD SHOULD BE THE LEAD AGENCY.
WE'LL, WE'LL DISCUSS FURTHER LATER ON.
MOVING ON TO PROPERTY, UH, CLATON ROAD TO REDUCE THE LOT WIDTH FROM 75 TO 62.5 AND, BUT THAT HAS TO BE ADJOURNED.
AND NOW ARE WE DOING IT FOR THE, THE APRIL DATE? WELL THAT
I WOULD RECOMMEND THE PLANNING BOARD 10 TENTATIVELY PUTTING IT AS A PLACEHOLDER ON THE 28TH.
WE WILL KNOW A LOT MORE IN THE NEXT WEEK OR SO REGARDING THE PLANNING BOARD'S, UH, SCHEDULE.
AND, UM, IF IT LOOKS AS IF THE PLANNING BOARD WILL NOT BE TAKING THE MATTER UP, UH, WE'LL ADVISE ACCORDINGLY AND MAKE SURE THAT OTHER APPLICATIONS CAN GET ON WITH THE Z P A.
WELL THE, THE PROBLEM WITH THAT IS THAT IF WE CHANGE THE DATE AFTER WE ANNOUNCE IT TONIGHT, THEN WE HAVE TO RE-NOTICE IT.
SO WHAT, WELL, I GUESS, UM, WHAT I'M SUGGESTING IS IF THE ZONING BOARD ADJOURNS UNTIL THE 28TH, UM, AND IT'S UNDERSTOOD PRIOR TO THAT, THAT THE APPLICATION WILL NOT BE READY, THEN THERE WOULD JUST BE ANOTHER ADJOURNMENT.
UM, AND WE'LL KNOW THAT, UH, FAIRLY SOON.
UM, BUT IF IT IS READY, THEN WE HAVE IT ALREADY PRESET ON THAT APRIL 28TH DATE.
SO WE'RE NOT REALLY ADJOURNING IT TO THAT DATE THEN I'M SAYING YOU SHOULD.
WHEN'S THE, UH, WHEN IS THE, LET'S SEE, APRIL,
[02:30:01]
WHEN'S THE MAY MEETING? WHAT'S THE DATE OF THE MAY MEETING? MAY 19TH.CAN YOU HEAR ME? IT'S ABOUT ABOUT TWO WEEKS.
AND JUST FOR LAUREL, WHEN IS THE JUNE MEETING? NO, THEY'RE ON APRIL 28TH.
BUT WHEN IS THE JUNE MEETING? JUNE 16TH.
HACK THE, UH, BASKETBALL COURT PATIO AND BASKETBALL COURT.
OH, I, I HAVE NO OBJECTION TO THAT.
UM, WAS IT, WAS IT WILLIAMS? UM, AREA OF THE PRESENTATION OF THE I DIDN'T LIKE THE PRESENTATION EITHER.
I THINK IT ENDED WELL SAYING, LOOK, THEY'RE SORRY FOR WHAT HAPPENED.
UM, I WISH I HAD THAT DRIVEWAY.
SO YES, I, SO IF, UM, IF IT WAS A LARGER DRIVEWAY, RIGHT, I WOULD LOOK AT IT AND SAY, OH, SHOULD WE MAKE THEM REDUCE LIKE, SOME OF THE DRIVEWAY? BUT IT'S SUCH A LITTLE TEENY PIECE.
LIKE WHAT IS IT? WHAT IS IT GONNA GAIN? YEAH.
YOU KNOW, THAT'S ACTUALLY OVER THE LINE.
I MEAN, WHAT WOULD IT'S UNDER I'M NOT, I I AGREE WITH YOU.
THE, UM, YEAH, THE, THE AMOUNT OF WHAT THEY DID DOES NOT,
I'M LOOKING AT WHY THEY DID IT.
'CAUSE WE GET SO MANY, I MEAN, JUST LAST MONTH, WHAT DID WE DO? WE'VE MADE THESE PEOPLE CUT BACK THE SIZE OF THE, THE DRIVEWAY TO GET BACK TO THE, UH, WHATEVER IT WAS.
I MEAN, YOU KNOW, EVERYBODY FOOT DRIVEWAY STATEMENT I MADE, THE STATEMENT I MADE BEFORE IS FAR MORE FUNCTION.
UM, I, I, I'D LIKE TO ADD A THIRD FLOOR TO MY HOUSE JUST BECAUSE, BUT IS IT ALLOWABLE? AND WE HAVE A LOT OF PEOPLE WHO DO HAVE A LOT OF KIDS.
AT ONE POINT WE HAD FIVE DRIVERS, SO I UNDERSTAND, BUT THEY DIDN'T PRESENT THAT THEY WERE HAPPY THAT THEY HAVE TWO OUR GARAGE AND THEY HAVE TWO CARS.
I, I MEAN I, I HAVE SIX CARS IN MY FAMILY AND THEY'RE LIKE, YOU KNOW, WE PARK FOUR CARS IN THE DRIVEWAY.
AND THAT MEANS IF YOU'RE, IF YOU WANNA GET OUT OF THE GARAGE, TWO CARS AHEAD OF YOU HAVE TO MOVE THEIR CARS.
I MEAN IT, LIKE, IT KIND OF IS WHAT IT IS.
YOU KNOW? SO I, I DO UNDERSTAND WHAT YOU'RE SAYING.
UM, SOME PEOPLE DO HAVE A LEGITIMATE NEED AND WE'VE, YOU KNOW, WE'VE, WE'VE ACKNOWLEDGED THAT BECAUSE OF A RETAINING WALL OR SOMETHING ELSE, YOU KNOW, THAT KIND OF LIMITS THEIR ABILITY TO, YOU KNOW, WE, WE ALLOWED ONE TO HAVE A LITTLE LARGER TURNAROUND BECAUSE THEY HAD A WHEEL ACCESSIBLE VAN, WHEELCHAIR, ACCESSIBLE VAN, AND THEY NEEDED THE EXTRA SPACE TO BE ABLE TO GET THE RAMP OF THE VAN DOWN.
I MEAN, AGAIN, THEY'RE, THEY'RE MITIGATING CIRCUMSTANCES.
I MEAN, THIS, IT, LOOK, LOOK, THE DRIVEWAY LOOKS NICE.
I WILL NOT, YEAH, IT DOES LOOK NICE IF, IF LEWIS WAS ON RIGHT NOW, HE SAID, I DON'T HAVE A PROBLEM WITH IT.
SO AGAIN, IT COMES TO THAT QUESTION OF FORM OVER, OVER FUNCTION.
[02:35:01]
I MEAN, IT'S, IT'S, WAIT, ARE YOU REALLY QUIBBLING ABOUT THIS LITTLE TEENY SLIVER OF THE DRIVEWAY? NO, NO.I THINK I'M WITH E NOT SOLIVER.
I'M QUIBBLING ABOUT THE NEXT ONE THAT COMES BEFORE US.
HOW ARE WE DISTINGUISHING THIS ONE? THAT'S WHAT I'M QUIBBLING ABOUT, I GUESS.
'CAUSE IT'S THE SIZE BECAUSE IT'S SO SMALL.
LIKE, IS IT REALLY VISIBLE? I I WILL SAY THE ONE THING ON THIS, UH, MORE THAN THE DRIVEWAY, IT'S THE BACK THAT BOTHERS ME.
THAT IT'S, UH, CLOSE TO THE PROPERTY LINE.
AND I CERTAINLY, IF WE WERE TO APPROVE IT, CONSIDERING THAT THE, THE FENCE AND THE UM, THE HEDGE IS ON THE NEIGHBOR'S PROPERTY, EVEN THOUGH THEY PAID FOR IT, I THINK I, I WOULD WANT US TO HAVE SOMETHING THAT THEY WOULD BE RESPONSIBLE TO HAVE SOME, YOU KNOW, A HEDGE OR SOMETHING IN THE FUTURE.
YOU KNOW, BECAUSE WHAT IF THE NEIGHBOR DECIDES TO TAKE IT DOWN OR DO SOMETHING WITH THAT PROPERTY, OR IF IT DIES AND THEN THEY YEAH, YOU HAVE A, YOU HAVE SOMEONE ELSE THERE WHO'S, YEAH, EXACTLY.
AND THE OTHER THING IS THE, THE PATIO IS HUGE.
AND AS I SAID, I DON'T KNOW WHY SHE MADE THOSE OTHER SUBMISSIONS IN THERE.
I'M LOOKING AT THE SUBMISSIONS AND THE KITCHEN AND EVERYTHING ARE STILL, UNLESS WE DON'T EVEN LOOK AT THAT, THAT THAT STILL NEEDS TO BE, UM, LEGALIZED.
THE KITCHEN NEEDS TO BE LEGALIZED.
THE GAS, YOU KNOW, BARBECUE, NO ONE ELSE DID THAT TOO.
THEY BUILT, IT WAS OVER NEAR WHERE I LIVE.
THEY BUILT A BEAUTIFUL OUTDOOR, UH, BARBECUE.
AND, AND WE DIDN'T GIVE IT A SECOND THOUGHT.
WE'RE NOT GONNA MAKE ANYBODY RIP THAT UP.
IF I'M REM IF I REMEMBER CORRECTLY, WELL, SHE, THIS IS SCREENED.
YEAH, BUT NOT BY THEM
WELL, THEY PUT THE HEDGE IN, SO THE HOUSE BEHIND THEM, IT'S ACTUALLY THE FRONT OF THE HOUSE.
LIKE THE, THE HOUSE BEHIND DROPS DOWN AND THEN IT'S THEIR FRONT.
SO IT'S LIKE THE FRONT OF THE HOUSE LOOKS AT OUT AT THE BACK OF THE OTHER HOUSE.
IT'S NOT LIKE TWO BACKYARDS BACK TO BACK.
WHICH IS, WHICH YOU KEEP ON SAYING THE, THE FRONT OF THE, THE HOUSE THAT NEEDS THE REQUIRING THE VARIANCE, THE WHERE THE FIRE PIT IS, UH, THE, IS ELEVATE THE ELEVATION.
THEY'RE HIGHER UP THAN THERE'S LIKE A FLAG LOT DOWN BEHIND THEM.
AND THAT HOUSE IS DOWN LOW AND IT'S THE FRONT OF THE HOU.
UM, I DON'T KNOW THE ADDRESSES.
I'M SORRY I PUT THE FILE AWAY ALREADY
JUST, JUST TO CLARIFY FOR THE BOARD.
YOU, YOU GUYS ARE TALKING ABOUT THE OUTDOOR KITCHEN.
NO, I KNOW, BUT WE KNOW THAT IT'S JUST THAT LITTLE BIT OF THE ROUNDED SEATING AREA BY THE FIRE.
IT'S ALSO LIKE A VERY SMALL, I DON'T KNOW.
YOU GUYS, YOU GUYS DUAL IT OUT THOUGH.
I, I'M FIGURING OUT HOW TO WRITE THIS ROOF TO, TO WITH YOU, CHRISTIE.
I WOULD BE IN, IN INCLINED AS WELL TO KIND OF NOT WORRY ABOUT THE ROUNDED EDGE OF THE FIRE PIT, EVEN THOUGH IT IS CLOSE TO THE PROPERTY LINE.
YOU SHOULDN'T HAVE TOLD ME IT'S IN THE FRONT CHART OF THE NEIGHBOR, BUT THAT'S OKAY.
THE, THE, THE, THE LOOK I HAVE IS AGAIN, FORM OF A FUNCTION AS TO THE WIDTH OF THE DRIVEWAY.
WHAT DOES THAT MEAN? I DON'T EVEN KNOW THAT MEANING DO, DO, ARE WE DOING IT JUST BECAUSE I WANNA DO IT? I MEAN, WHETHER IT IS WITHIN THE REGULATIONS OR NOT.
THERE'S LIKE I HAD, YEAH, BUT THEN THEY HAD TO COME HERE AND GET IT APPROVED.
I MEAN, IT WASN'T ALL WITHOUT HA HAVING TO, YOU KNOW, PAY MONEY AND DO THIS.
EVERYONE THAT COMES BEFORE US PRACTICALLY HAS TO PAY MONEY.
WE'RE MAKING MONEY FOR THE TOWN, YOU KNOW,
SO WHERE DOES THAT LEAVE US? I'M NOT SURE.
AND THE ONLY REASON WHY I'M PAUSE EVE IS BECAUSE I DON'T KNOW WHAT ELSE WE COULD ASK THEM TO DO.
IF THEY CHOPPED OFF THAT HALF A FOOT, THEN THE DRIVEWAY COMES OFF OF IT AND I WOULD BE IN FAVOR OF THE BACKYARD.
SO, UM, I JUST DON'T KNOW HOW TO DISTINGUISH THE DRIVEWAY.
SO HAVING SAID ALL THAT, I'LL BE THE FIRST ONE.
SAY I'M IN FAVOR, BUT I NEED TO BE ABLE TO, WE HAVE TO FIGURE OUT HOW TO DISTINGUISH THE DRIVEWAY.
DOES THAT MEAN YOU WANNA WRITE IT UP? NO, 'CAUSE I DON'T.
WHAT AM I GONNA SAY? I DON'T KNOW.
I I MEAN, LOOK, WE COULD SAY THAT IT'S DIMINISHED, MISS AND JUST LEAVE IT.
I MEAN THERE, THERE'S, THERE'S NO OTHER CAVEAT THAT I COULD SEE.
UM, THERE WAS NOTHING ELSE PRESENTED AS TO WHY THEY DID IT OR, OR WHY IT SHOULD BE APPROVED.
[02:40:01]
IN THE WRITEUP, EVEN IN THE, UM, DUE TO THE REAR PROPERTY.HOW WIDE IS THE DRIVEWAY? WHERE THOSE, THAT, THAT ADDITIONAL SPACE IS WHERE THE COURT IS? WELL, IT, I KNOW, I KNOW IT WAS UNDER 30 FEET BECAUSE IT DIDN'T REQUIRE AN ADDITIONAL VARIANCE.
OH, ACTUALLY IT'S THERE ACTUALLY THE DIMENSION'S THERE.
SO IT'S JUST, IT WAS UNDER 30 FEET.
AND IT'S ONLY IN ONE SECTION OF THE DRIVEWAY.
AND I DON'T WANNA TALK ABOUT THE OTHER ONE EITHER.
DID YOU KNOW, ARE WE DOING, BEING DE MINIMUS WORKS BOTH WAYS? MM-HMM.
ON THE OTHER HAND, YOU COULD SAY THEY HAVEN'T JUSTIFIED THE VARIANCE, THEREFORE IT WON'T COST THEM MUCH TO RECTIFY BECAUSE IT'S DE MINIMUS MINIMUS.
WHY NOT? I MEAN, I WOULD THINK IT WOULD COST QUITE A BIT TO PICK UP THAT FIRE PIT AND MOVE IT.
NO, WE'RE JUST STILL ON DRIVEWAY.
WE'RE NOT, WE'RE NOT ASKING THEM TO MOVE THE FIRE PIT.
I'M JUST ASKING THEM TO SCREEN THE FIRE PIT.
I'M JUST, WE GOT A LOT OF DRIVEWAYS HERE.
THAT BOTHERS ME MORE THAN FIRE PITS RIGHT NOW.
TO BE HONEST, I WOULD'VE PROBABLY JUST FIXED THAT AND NOT COME BEFORE THE BOARD.
BUT I GUESS THEY FIGURED THEY HAD TO COME FOR THE OTHER THING, SO YEAH.
THEN IT, IT WOULDN'T HAVE COME TO OUR ATTENTION.
SO SHOULD YOU, DO YOU WANT TO ADJOURN TO THEN ASK THEM TO REDUCE THE SIZE OF THE VARIANCE FOR THE DRIVEWAY? OR YOU JUST WANNA, HOW CAN YOU, HOW COULD YOU REDUCE THAT? I MEAN, IT'S LITERALLY LIKE, THEY'D HAVE TO JUST GET RID OF IT IS ONE POINT.
SO GRANTED,
CAN I, CAN WE JUST RE DO THE REQUIRE OF THE SCREENING IN THE BACK? YEAH.
I THINK THAT THEY ALREADY HAVE IT.
I JUST WANNA MAKE SURE IT'S MAINTAINED.
WELL, THEY CAN'T MAINTAIN IT ON SOMEONE ELSE'S PROPERTY NECESSARILY.
WELL, CAN WE MAKE THEM, IF THEY EVER, IF THE, THAT THERE'S SOMETHING THERE, OR, WELL, THEY HAVE ALMOST EIGHT FEET.
WE'D HAVE TO MAKE THEM PUT IN A FENCE OR DOUBLE.
'CAUSE THAT SEEMS A LITTLE WEIRD.
THEY HAVE ALMOST EIGHT FEET TO PUT IN LANDSCAPING, UH, IN BETWEEN THE, UH, THE BACK OF THE PATIO.
AND WE AND, AND YOU'VE, AND YOU'VE REQUIRED PLANTINGS ON A LOT LESS THAN THAT.
WELL, DIANE WOULD BE HAPPY WITH THE SCREENING.
CHRISTIE'S HAPPY WITH THE APPLICATION.
I MEAN, THE DRIVEWAY IS ONE FOOT, 1.4 FEET.
BUT THE REQUIREMENT ISN'T THAT MUCH.
SO IF YOU TAKE IT AS A, AS A PERCENTAGE BASIS, IT'S, IT'S MORE, IT'S 12%.
YEAH, I WAS GONNA SAY WE'RE STUCK ON SOMETHING HERE.
I ALREADY, I ALREADY STARTED TYPING.
I ALREADY, WELL, WAIT, DO WE NOT HAVE FOUR? IT'S NOT FINE.
IF WE INCLUDE THE, UH, PLANTING.
KEEP KEEP IN MIND THEY'RE USING THIS.
[02:45:01]
YOU KNOW, FROM USING IT.SO IF YOU THINK YOU WANNA PUT IT OVER TILL NEXT MONTH, IT'S UP TO YOU.
I JUST WANNA REMIND EVERYBODY.
CAN I JUST INTERJECT ON, I DON'T KNOW IF THIS MEANS ANYTHING, BUT WE HAVE A LOT OF NEW CASES WAITING TO COME ON.
WELL, THERE'S NOT MUCH FOR US TO ARGUE ABOUT OVER THIS OTHER THAN TO LET OTHER HEADS DECIDE WHAT THEY WANNA DO HERE.
OH, WHAT SCREENING? OH, WELL WHAT ABOUT EVE? WHAT SCREENING.
WHAT SCREENING? WHAT SCREENING? YES.
AND WE'RE GOING TO DO THAT TO THE PLEASURE OF, UH, TO THE, UM, STANDARD OF THE, UH, TOWN ARBORIST.
WHAT, WHAT, WHAT ARE YOU GONNA SAY ON THAT? ANTHONY TOWN? FORESTRY OFFICER.
IT'S ESPECIALLY, IT'S ESPECIALLY NEEDED IN THIS CASE BECAUSE IF YOU LOOK AT THE BACK, USUALLY IF YOU PUT A FENCE ON MM-HMM.
TAKE A LOOK AT THE PICTURE OF THIS, UH, PIT.
WE DON'T HAVE, WE DON'T HAVE A GOOD, YOU DON'T HAVE A GOOD SIDE FACE.
WELL, THERE ALREADY IS A FENCE, I THOUGHT.
NO, SHE, HE'S TALKING ABOUT THE ACTUAL STRUCTURE, THE BACK OF THAT, THAT BEAUTIFUL SEATING AREA IS CRAPPY LOOKING.
BUT THE, THE BACK OF IT, THE BACK OF IT.
SO YOU DEFINITELY NEED SCREENING.
THAT'S, IF, IF I COULD, UH, IF WE'RE DONE WITH THIS ONE, CAN CAN I JUMP IN ON THE, UM, CORRESPONDENCE? BECAUSE
SO THE SCARSDALE GOLF CLUB LISTED AS CORRESPONDENCE, THAT'S AN APPLICATION THAT, UH, THERE'S SEVERAL AREA VARIANCES.
UM, THE INTENT IS FOR THIS TO BE ON THE, THE APRIL Z B A MEETING CALENDAR AND THE, UH, PLANNING BOARD WILL HAVE SITE PLAN RECOMMENDATION, TOWN BOARD SITE PLAN APPROVAL.
UH, WE'RE RECOMMENDING THAT THE ZONING BOARD CONSIDER DECLARING ITS INTENT TO BE LEAD AGENCY, UM, BASED ON THE NUMBER AND AND SCALE OF THE, THE AREA VARIANCES.
YOU COULD, YOU COULD VOTE ON THIS EVENING, UH, IF YOU DO NOT OBJECT.
AND IT WOULD ALLOW US TO, UH, ADVANCE THE START OF THE, THE SECRET PROCESS.
CHRISTIE, I MADE YOU CO-HOST, IF YOU WOULDN'T MIND WHEN THE MEETING'S OVER JUST, UM, HITTING STOP RECORD.
AND IF ANYONE HAS ANY QUESTIONS, I CAN BE REACHED ON MY PHONE.
I'LL BE BACK MAYBE IN A HALF HOUR AFTER ROME.
GOING BACK TO, UM, THE KABANA, UH, DIDN'T LIKE THIS PRESENTATION EITHER,
AND IF WE WANTED TO REDUCE SOME OF THE AREA THAT, THAT F A R I WAS ONLY ASKING ABOUT THE STAIRWELL AND I DIDN'T LIKE THE RESPONSE FROM THE, UM, ARCHITECT IF THERE IS A FUNCTIONAL NECESSITY, UM, I KNOW TONS OF PEOPLE WHO PLAYED TENNIS.
UM, IS THAT DECK THERE FOR TEACHING? WHAT WAS THE PURPOSE? IF IT WAS JUST TO HAVE STAIRS, REDUCING THAT FOUR FOOT, UH, PAD PLUS STAIRS IN THE WIDTH OF THE BUILDING MIGHT BE AN ABILITY TO REDUCE THE F A R THAT WAS BEING REQUIRED? UM, I THINK I DO LIKE THE IDEA OF TRYING TO BEAUTIFY THAT, UM, THAT, UM, THAT PROPERTY, I'VE PASSED IT SEVERAL TIMES BEFORE, UM, DIDN'T REALLY KNOW EXACTLY WHAT IT WAS THAT WAS SUPPOSED TO BE UP THERE, BUT I KNOW EXACTLY WHERE IT IS.
UM, AND, YOU KNOW, IF, IF THE APPLICANT SAID THIS IS A SPECIFIC NEED, UH, I'LL BE TRAINING AND TEACHING WHETHER THAT'S ZONED TO BE DONE OR NOT, BUT THERE'S A REASON THERE.
WE'LL BE SUNBATHING, OR I'M RUNNING A PUPPY DID CAMP THERE.
IF, IF THERE WAS SOME FUNCTION, IT'S A STAIRWELL TO ALMOST NOWHERE.
AND WHAT IS THE PURPOSE OF HAVING THAT ABOVE THE CABANA? IF THAT STAIRWELL WILL REMOVE, I THINK IT WILL REDUCE THE F A R SLIGHTLY, NOT TREMENDOUSLY, BUT IT'S JUST SOMETHING THAT'S BEING ADDED.
AND IF WE LOOK AT WHAT IS ON THE NOTES, UM, THEY GAVE WHAT WAS EXISTING AND THEN THE NEW STAIRWELL.
UH, IF, IF I'M READING THIS, PROBABLY IT'S PROBABLY WHAT'S ADDING TO THE FOOTPRINT TO MAKE IT EVEN LARGER.
THAT WAS MY ONLY CONCERN BY ASKING THAT QUESTION, WILLIAM.
SO THE, THE, THE DECK ABOVE DOESN'T COUNT IN F A R, IT'S ONLY THE STRUCTURE UNDERNEATH.
HOW ABOUT THE STAIRWELL? NO, THE STAIRWELL DOESN'T.
AND ANYTHING OPEN, OPEN DECKS DON'T COUNT IN F A R.
OKAY, SO QUESTION THEN IT'S ONLY THE, IT'S ONLY THE
[02:50:01]
SQUARE FOOTAGE OF THE ACCESSORY STRUCTURE.SO ANY ACCESSORY STRUCTURE OVER 150 SQUARE FEET COUNTS IN YOUR, YOUR F A R CALCULATION, SUCH AS A DETACHED GARAGE OR A POOL CABANA OVER A HUNDRED SQUARE FEET.
SO IT'S SAYING THAT THEY WERE PERMITTED TO HAVE 424 4 4,285 SQUARE FEET EXISTING RIGHT NOW IS 4 46.
WHAT IS IT? WHAT IS ACCOUNTING FOR THE ADDITIONAL 300 SQUARE FEET THAT THEY'RE, THAT THEY'RE, UM, PROPOSING? BECAUSE THIS WAS THERE SINCE THE SQUARE, THE SQUARE FOOTAGE OF THE CABANA.
SO WASN'T WAS BECAUSE OF SO WHY ISN'T IT IN THE 4 46? RIGHT.
BECAUSE THEY'RE TRYING, THEY'RE TRYING TO LEGALIZE IT.
SO SHE PUT IT, THEY PUT IT AS PROPOSED ON THE THING.
LET, LET'S LET, LET ME TRY TO CLARIFY THE WHOLE THING FOR YOU.
SO THE APPLICANT SPOKE ABOUT AN ADDITION BUILT ON THE HOUSE IN 1980 AND SAID THAT THE ADDITION PUT THE HOUSE ACTUALLY OVER THE F A R BECAUSE THE CABANA WAS EXISTING BEFORE THE ADDITION.
THERE WAS NO F A R IN EFFECT AT THE TIME IN 1980 WHEN THAT ADDITION WAS CONSTRUCTED.
IT WAS NEVER LAWFUL WITH THE TOWN.
IT CAME TO THE TOWN'S ATTENTION NOW THAT THIS CABANA HAD TO BE LEGALIZED.
SO, SO THEREFORE, BECAUSE IT NEVER EXISTED LEGALLY, IT REQUIRES THE F A R VARIANCE FOR THE SQUARE FOOTAGE OF THE CABANA.
SO WHAT THAT WHAT THEY CAME GO ED.
WHAT WERE THEY DOING THAT IT CAME TO YOUR ATTENTION? WE, WE RECEIVED A COMPLAINT, I THINK WHEN IT WAS UNDER CONSTRUCTION, WHEN THEY WERE DOING RAILINGS ABOVE ON THE DECK OR WORKING IN IT.
SO IT WAS SOME TYPE OF COMPLAINT.
AND WE SENT INSPECTOR, WAIT, WHAT WERE THEY, WHAT WERE THEY DOING? UM, WHICH STRUCTURE? SURE.
ON THE CABANA, THE STEPS, THEY, THEY, THEY FIXED THE STEPS ALREADY AND THEN HE IS WORKING ON THE, HE TOOK, YEAH, THERE WAS, THERE WAS CONSTRUCTION GOING ON ON THE CABANA AND BUILDING THE DEPART AND RECEIVED THE COMPLAINT.
WE WENT OUT IN RESEARCHING THE CABANA, WE FOUND THAT WE HAD NO RECORD OF IT EXISTING.
SO BECAUSE IT'S AN ACCESSORY STRUCTURE GREATER THAN 150 SQUARE FEET, THE SQUARE FOOTAGE COUNTS IN THE F A R AND THAT'S THE NEED FOR THE F A R VARIS.
SO IN ACTUALITY, WHAT THEY'RE SAYING, YOU KNOW, IT, IT REQUIRES AN F A R VARIANCE, BUT ALL THE F A R THAT WAS THERE WAS EXISTING ON SITE PRIOR TO THE TOWN ADOPTING THE LEGISLATION.
BUT 'CAUSE IT WAS NEVER LEGAL OR LAWFUL, THEY, THAT'S THE REQUIREMENT FOR THE VARIANCE ALSO.
JUST IN OTHER WORDS, IF, IF IT WAS PERMITTED FOR, THEY WOULD HAVE A LEGAL NONCONFORMING EXISTING F A R ON THE PROPERTY, BUT BECAUSE IT WASN'T LAWFUL AND HAS TO BE LEGALIZED NOW, THEREFORE THEY NEED THE VARIANCE FOR IT.
SO THAT 4,446 INCLUDES THE ADDITION TO THE HOUSE TOO, DOES IT? NOT? SURE.
IT INCLUDES THE HOUSE AND, BUT NOT THE CABANA.
I I DON'T HAVE THE, WHATEVER, WHATEVER THE TOTAL NUMBER OF THE FAS THAT WE'RE ASKING FOR IS INCLUSIVE OF THE CABANA AND THE COMPLETE HOUSE.
I UNDERSTAND THAT, BUT WHAT'S THE D HOW DO YOU, WHAT'S THE DIFFERENCE? IT'S FOR, THEY'RE ASKING FOR 47 35.
YOU HAVE, UH, BUT THE EXISTING IS 44 46.
WHAT'S THE DIFFERENCE? I THINK THAT'S WHAT WILLIAM WAS ASKING.
I I THOUGHT HE WAS SAYING IT'S THE ADDITION.
THE ADDITION THAT WASN'T RECORDED BEFORE THAT WAS RECORDED.
NO, THE, THE ADDITION SHOULD BE THE SQUARE FOOTAGE OF THE CAB.
THE EXACT SQUARE FOOTAGE OF THE CABANA.
WELL THEN THE MATH DOESN'T ADD UP SOMEWHERE IN THERE THEN, THEN I WOULD'VE TO TAKE A LOOK WITH THIS NOTIONAL, THE PROPOSED, THE PROPOSED IS 300 SQUARE FEET, APPROXIMATELY 300 SQUARE FEET ABOVE WHAT'S EXISTING.
AND THE THING IS, I'M PROBABLY MORE IN FAVOR THAN DOING SOMETHING WITH THAT ONE THAN THE ONE I'M DOING RIGHT NOW.
AND THE REASON WHY THEY ALSO NEED THE F A R VARIANCE IS BECAUSE OF THE STEEP SLOPES THAT I DIDN'T REALIZE.
IT'S A, THEY HAD TO ELIMINATE HALF THE PROPERTY BECAUSE IT'S NOT A BUILDABLE 'CAUSE IT'S NOT BUILDABLE.
[02:55:01]
IF THAT WERE A FLAT PIECE OF LAND, THEY COULD HAVE HAVE 9,000 SQUARE FEET ON THERE OF, OF FLOOR AREA.YEAH, I I'M NOT SURE I HEARD THAT CORRECTLY, ANTHONY.
YEAH, I DIDN'T, I DIDN'T REALIZE THAT HE SAID SOMETHING ABOUT 55,000.
BUT IN THE, IN HIS, UH, TABLE, IT SAYS THE LOT AREA IS 15,015, NOT 55.
THAT'S THE, THAT'S THE BUILDABLE.
WHAT SHE, SO THE, THE ENTIRE LOT IS 59,000 SQUARE FEET.
SO LIKE I DIDN'T UNDERSTAND WHY THEY EVEN NEEDED A VARIANCE.
'CAUSE IF YOU GO TO THAT TABLE IN THE CODE, YOU CAN HAVE 9,000, OVER 9,000 SQUARE FEET OF FLOOR AREA.
BUT THEN SHE SAID IN HER PRESENTATION THAT THEY ONLY HAVE 15,000 SQUARE FEET OF BUILDABLE, UH, USABLE.
USABLE LOT AREA BECAUSE SO YOU ELIMINATE THE SLOPES.
WHEN THE F A R LAW WAS ENACTED, THE F A R LAW IS BASED ON REDUCTIONS FOR SLOPES ON THE PROPERTY OR WETLANDS.
SO DUE TO THE FACT THAT THIS PROPERTY IS SO HEAVILY SLOPED THAT THE SLOPE IS SO GREAT, IT RECEIVES A HUGE REDUCTION IN F A R.
OKAY, SO IT'S POINT TO THE NET.
IT'S THE NET F A R IS WHAT YOU HAVE IS WHAT ALL OF THE F A R TABLES BASED ON IT'S NET F A R? YES, THE TABLES ARE BASED ON THE NET.
BUT WHAT HAPPENS IS WHEN THEY DO THEIR CLEARANCES, THE WETLANDS CLEARANCE AND THE SLOPE CLEARANCE, YOU GET A BUILDABLE LOT AREA, WHICH IS AFTER THE REDUCTION FOR ALL THE AREAS THAT WERE REMOVED IN SQUARE FOOTAGE FROM THE OVERALL.
SO ANYWAY, THAT, THAT'S REALLY WHY THEY NEED THESE VARI, THIS VARIANCE.
I MEAN, YES, THEY DID PUT IN A CABANA WITHOUT A BUILDING PERMIT, THE ORIGINAL OWNER, THIS IS A HUGE PIECE OF
THERE WERE, THERE PROBABLY WERE NO BUILDING PERMITS FOR CABANAS BACK THEN.
I MEAN THERE, WELL THERE WAS NO F A R.
AND I DON'T KNOW ABOUT THE CABANA AND OF COURSE THEY SHOULD LEGALIZE IT, BUT, SO AGAIN, I HAVE NO PROBLEM WITH THIS ONE
I, YEAH, I DON'T EITHER REALLY.
I MEAN, THEY WANNA HAVE THE ROOM.
I, I, I HAVE NO PROBLEM WITH THAT.
I MEAN, THEY PROBABLY WANNA HAVE COCKTAILS UP THERE WHEN THEY HAVE A TENNIS PARTY.
I DID HEAR MENTION OF TO OBSERVE, YOU KNOW, TENNIS.
SO, SO THE SQUARE FOOTAGE BALANCE IS 2 89, WHICH IS THE SQUARE FOOTAGE OF THE CABANA.
ALRIGHT, SO I SEE I HEARD THREE YESES AND DIANE IS GOOD WITH IT.
AS LONG AS THEY PUT IN SCREENING
YOU DON'T NEED ANY SCREENING HERE.
GOD, THERE'S A LOT OF SCREENING.
I WAS, I'M FINE WITH THIS ONE.
HE'S TRYING TO FIX UP WHAT IS LOOKS LIKE EXISTING.
UM, YOU KNOW, I ALWAYS WONDERED WHAT THAT ROAD WENT TO ON THE PIPELINE.
I I THOUGHT IT WAS LIKE PUBLIC, SOME KIND OF PUBLIC LAND.
SO TOO, YES, THAT'S WHY WITH THE GRAFFITI I WANTED, I WANTED TO ASK, IS IT ON A, UH, CESSPOOL OR
IT'S AMAZING THAT THERE'S THAT FLAG FROM 1967, YOU KNOW,
ALRIGHT, SO WITH THAT, WE'RE ALL A YES ON THIS ONE.
GUESS THAT MEANS WE GOTTA WRITE IT UP TONIGHT.
UH, I HAVE A QUESTION ON THE ONE THAT I'M DOING.
UM, JUST THE SECTIONS THAT THIS COVERS ON 2203.
I GOT, UH, THE ONE FOR THE, UH, SURFACE COVERAGE IS THE SEC.
'CAUSE I, I THINK YOU'RE ASKING US TO PUT IN EXACTLY WHAT THEY WANT A VARIANCE FOR.
FOR THE FRONT YARD SET BOOK BACK.
IS IT SECTION 2 85 DASH FIVE OH, YOU WANT THE SECTIONS IN THERE? I DON'T THINK YOU WANTS THE SECTION.
JUST SAY WHAT THE VARI HAD IT IN THE SAMPLE YOU SENT US.
I THINK HE JUST WANTS YOU TO SAY LIKE, WHAT THE VARIANCE IS.
RIGHT, WELL, LIKE COVERAGE OR WHATEVER.
I PUT THE SECTION NUMBERS IN THERE, WHAT'S PERMITTED AND WHAT'S, YOU KNOW, WHAT'S BEING PROPOSED.
IT'S NOT 2 85 5, BECAUSE I THINK THAT'S THE DEFINITION SECTION.
I WILL JUST TAKE THEM OUT IF WE DON'T NEED THEM.
I CAN, WE, I CAN PUT 'EM IN IF IT'S REQUIRED.
I'M TOO TIRED TO WRITE THIS UP.
[03:00:05]
I MEAN, I CAN WRITE ANOTHER ONE, BUT I HAVE TO FINISH THIS ONE.YEAH, I HAVE TO FINISH THIS ONE.
UNLESS WE WANNA, UM, JUST APPROVE IT AND THEN SAY, WE'LL READ THE FINDINGS LATER AND I CAN WRITE IT AFTER THE MEETING.
UM, WHAT CON OR THERE'S NO CONDITIONS ON THIS ONE, RIGHT? OH, THE DDI THE ONLY CONDITION I WOULD SUGGEST IS, UH, FOR, FOR PURPOSES OR HOW WOULD, HOW WOULD WE PHRASE IT? WHERE DID THAT GO? UM, I WAS REFERRING TO THE LIGHTS, YOU KNOW, TO OH.
TRY TO OFFER SOME SECURITY OR NOT ENCOURAGE, UH, THE OPPOSITE OF, UH, YOU WANNA MAKE THAT A CONDITION OR SHOULD I JUST PUT IT IN THERE? I DON'T KNOW.
OKAY, LET ME GO GET THIS OUT OF THE COMPUTER.
I THINK, SORRY, DID I HEAR MY NAME? YES.
I WAS SAYING THAT, UM, WE, WE MADE AN EXECUTIVE DECISION HERE THAT WE'RE GOING TO APPROVE 20, THE, THE CABANA, BUT, UM, NOT READ THE FINDINGS TONIGHT BECAUSE OF THE LATENESS OF THE HOUR.
IF THAT'S, THAT'S OKAY FOR ALL OF THEM OR JUST THAT ONE?
WELL, WE MIGHT AS WELL DO IT FOR ALL OF THEM.
WHAT? ED? WAIT TILL WE GET BACK IN PERSON.
AND THEN WE USED TO STAY UNTIL 11 O'CLOCK FROM MIDNIGHT.
WELL, I'M JUST, I'M JUST WORN OUT BECAUSE MY HUSBAND WAS IN THE HOSPITAL YESTERDAY AND I WAS OUT UP NIGHT BEFORE.
I WAS UP LAST NIGHT, SO I'M JUST TIRED.
UM, I WANTED TO ASK THOUGH, WHAT ABOUT CONDITIONS OF, UM, LIGHTING? IS THAT SOMETHING THAT, HOW I WANTED TO PHRASE IT FOR, FOR A VALID REASON, NOT TO, YOU KNOW, BEAUTIFY, BUT IS THAT A CONDITION THAT WE SHOULD OR COULD PUT IN BUT TO KEEP, UH, WELL GIVE, GIVEN THE FACT THAT THERE'S A DRIVEWAY DELIVERED RIGHT IN THAT AREA THAT'S REALLY NOT USABLE FOR THE HOUSE.
I THINK WHAT YOU'D WANNA PUT IN THERE IS FOR SAFETY AND, UM, SECURITY REASONS WE'RE REQUIRING THAT HE PUT IN, UH, LIGHTING THAT IS MOTION SENSITIVE AND, UH, THAT IT BE DIRECTED INTO THE INTERIOR OF THE, UM, OF THE PROPERTY SHALL NOT BE DI AND, UH, SHALL NOT, UH, THE, THE ILLUMINATION SHALL NOT, UH, BE VISIBLE FROM OUTSIDE THE, UH, LOT.
OH, I GUESS I CAN WRITE IT UP IF I HAVE ENOUGH TIME.
OH, NO, I, WELL IT'S UP TO YOU.
I, I AGREE WITH, UH, CHRISTIE, IF YOU'RE GONNA DO IT FOR ONE, YOU DO IT FOR ALL.
YOU WANT, SO YOU WANT ME TO WRITE UP THE, THIS ONE, THE TENNIS COURT ONE? IF YOU CAN LATER I CAN DO IT LATER.
YEAH, IF YOU CAN I, NO PROBLEM.
SO WE'RE GONNA DO 'EM ALL LATER SO I COULD JUST STOP.
DID DID YOU GET THE LIGHTS FOR SAFETY AND SECURITY? I GOT IT.
FOR SAFETY, WE REQUIRE MOTION SENSOR LIGHTING DIRECTED TOWARDS THE INTERIOR AND PROPERTY AND NOT VISIBLE.
THAT ILLUMINATION IS NOT YEAH, I GOT IT.
WHATEVER HAPPEN TO UH, TO LAUREL ST.
STREET, IS THAT STILL A CASE OR IS THAT GONE? NO, IT'S NOT GONE.
I JUST STILL HAVE THE FILE AND I DIDN'T KNOW IF I COULD GET RID OF IT.
YEAH, THAT'S COMING ON NEXT, NEXT MONTH.
[03:05:01]
SCHEDULE, SO I WILL HOLD ON TO IT.SO WHAT DO WE HAVE, UH, CAROL COMING UP? WE HAVE BLOOM.
WE HAVE, YEAH, LAUREL, LAUREL, LAUREL STREET 48 PAIN, WHICH IS A, UH, USE VARIANCE.
AND THEN THE SCARSDALE GOLF CLUB OR RUSSELL STREET.
THEN WE HAVE 13 SOUTHWOOD, WHICH IS PART OF THAT SUBDIVISION.
UM, WE CAN'T GET 'EM ALL ON 14 FERNDALE 1 56 HE ROAD, I HEAR FERNDALE,
SEE FERNWOOD, FERNDALE, FERNDALE, FERNDALE.
BUT I DON'T THINK THE LAST TWO, THE FERNDALE AND HILAND LANE WILL BE ABLE TO GET ON UNLESS SOMEBODY CANCELS.
SO IS IT SOMETHING THAT, UH, SHOULD GET ON SOONER RATHER THAN LATER? BECAUSE A COUPLE OF THESE APPLICATIONS THAT ARE ON NEXT MONTH REALLY DON'T NEED TO BE THERE NEXT MONTH NECESSARILY.
I DON'T HAVE IT WRITTEN IN FRONT OF ME WHAT THEY ARE, BUT I DON'T, YOU KNOW, THEY'RE JUST REGULAR VARIANCES.
BUT WE'VE GOT THE SOUTHWOOD, WHICH IS PART OF THE SUBDIVISION, AND IT'S A UNDERSIZED LOT.
YOU GOT SCARSDALE GOLF CLUB, WHICH HAS LIKE SIX VARIANCES TO THE NETTING.
UM, PAYNE STREET, WHICH IS A USED VARIANCE.
THE PERSON BOUGHT THE HOUSE AND THEN FOUND OUT AFTERWARDS THAT IT'S A NOT A TWO FAMILY.
OH, YOU GOT BLOOM, WHICH IS NOW BEING REPRESENTED BY AN ATTORNEY.
AND THEN LAUREL STREET IS LAUREL STREET.
WHO WOULD YOU TAKE OFF? WE HAVE TO GO IN ORDER.
WE COULD WAIT AND SEE, UM, ON SOME OF THE OTHERS.
ALRIGHT, WE WANNA GO BACK ON? YEAH, LET ME JUST, YEAH, I THINK WE'RE GOOD.
TAKE CARE IF ANYONE'S TRAVELING BE SAFE.
I WANTED TO ASK A QUESTION ABOUT THAT.
UH, THIS, THE, THE HOW THEY STORM MANAGEMENT, BECAUSE I REMEMBER YEARS AGO THAT I, THEY SAID IT'S A HUNDRED YEAR STORM, A CENTURY, WHATEVER THEY CALL IT.
AND I MEAN, WELL, IF THAT WAS A HUNDRED YEAR, WHAT, WHAT ARE WE HAVING NOW? BECAUSE I DON'T KNOW, WE'RE HAVING A HUNDRED YEAR STORMS. WE'RE HAVING A HUNDRED YEAR STORMS MORE OFTEN.
AND THEN YOU GET, UH, WHAT'S IT, IDA, WHICH WAS, UH, ONCE IN A MILLENNIUM STORM.
I FORGET WHAT IT WAS, BUT IT WAS EVEN GREATER THAN A HUNDRED YEAR STORM.
OH GOD, MY PHONE IS ALMOST DEAD.
GET MY, OKAY, SO I GUESS, YEAH, WE HAVE DEBBIE BACK.
WE HAVE, WE HAVE STEVE GOING SIDEWAYS.
WHY DID IT CHANGE? YEAH, IT WENT THIS WAY.
AND THEN YOU FLIPPED ON, YOU WERE FLIPPED ON YOUR SIDE THERE.
[03:10:02]
OKAY, SO KRISTY, YOU HAVE TO PUT US BACK ON.SO WE ARE BACK WITH OUR DELIBERATIONS AND WHEREAS 2126 HAS REQUESTED AN ADJOURNMENT TO APRIL 25TH.
UM, DO I HAVE A SECOND? APRIL 28.
DO I HAVE A SECOND? SECOND, SECOND.
SO THAT WILL BE ADJOURNED FOR ALL PURPOSES TO APRIL 28TH.
AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE, AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT.
NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
AND DO WE HAVE A MOTION? UH, YES.
I MOVE THAT THE APPLICATION IN CASE NUMBER 2135 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, AND PROCEED DILIGENTLY THEREAFTER, CONFORMITY WITH THE PLANS DATED JUNE 7TH, 2021, SUBMITTED IN SUPPORT OF THIS APPLICATION.
OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT TOUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
THE VARIANCES, THE VARIANCE BEING GRANTED IS FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.
ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
UM, I'M GOING TO WAIVE THE READING OF THE FINDINGS ON THIS MATTER AND OTHER MATTERS THIS EVENING GIVEN THE, THE, UH, COMBINATION OF THE WEATHER AND ALSO THE, UH, LATENESS OF THE HOUR AND HOWEVER THAT INFORMATION AND WILL ALL BE IN THE, IN THE TRANSCRIPT PREPARED BY THE STENOGRAPHER AS WELL AS AVAILABLE TO ANYONE WHO WISHES TO, UH, HAVE ACCESS TO THAT.
UH, NEXT WE HAVE CASE 1 36 DIANTE REALTY INCORPORATED PROPERTY AT 180 3 CENTRAL AVENUE HARTSDALE, WHO HAS REQUESTED TO WITHDRAW.
DO I HAVE, UM, A MOTION WITH RESPECT TO THEIR REQUEST TO WITHDRAW? I GUESS? YES.
UH, I MOVE THAT THEY ARE ABLE TO WITHDRAW.
AND THE NEXT CASE WE HAVE IS CASE 2203, MATTHEW AND JANY ABRAHAM PROPERTY AT 11 POLE STREET.
AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT NOW, THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
I MOVE THAT THE APPLICATION IN CASE 2203 BE GRANTED PROVIDED THAT 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 THERE THEREAFTER
[03:15:01]
IN CONFORMITY WITH THE PLAN DATED 3 15 20 22 SUBMITTED IN SUPPORT OF THIS APPLICATION.OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BORDER AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATIONS DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENT SHOWN ON THE PLAN 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 THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HERE IN, WELL, YOU HAVE TO ADD ANOTHER CONDITION, AND THAT IS THAT THE VARIANCE IS FOR 45.83 AND NOT 49% AS ORIGINALLY REQUESTED.
OH, YOU'RE SAYING I HAVE TO SAY THAT WELL, THE, I WAS GONNA SAY WHAT HE SAID.
SO THE UPDATED THE UPDATED PLANS THOUGH SHOW THE 45.83 AND THE REDUCTION IN THE DRIVEWAY AND, UH, PATIO, BUT IT WASN'T, IT WASN'T MENTIONED.
NO, NO, THIS ISN'T THE, THIS ISN'T THE DRIVEWAY AND THE PATIO.
THIS IS THE, UH, SUNROOM, ISN'T IT? YES, IT'S THE SUNROOM, BUT, UM, I CAN ADD THAT.
BUT THEY REVISE THE PLANS SO THAT THE PLANS SHOW THE 45.83.
BUT THE PROBLEM IS WHEN SOMEBODY IS READING THE, UH, THE DECISION IN THE FUTURE, THEY'RE NOT GONNA HAVE ACCESS TO THE PLANS.
AND AGAIN, WE WILL WAIVE THE, UM, READING OF, OF THE FINDINGS.
NEXT IS CASE TWENTY TWO OH FOUR SIX TWENTY FIVE DOBBS FERRY REALTY, L L C PROPERTY AT SIX TWENTY FIVE DOBBS FERRY ROAD.
AND THAT IS ADJOURNED FOR ALL PURPOSES TO THE MEETING OF APRIL 28TH.
NEXT CASE IS 2205 ORLIE GAS, WHICH WE WERE AL AL ALREADY AWARE, UM, IS NOT ABLE TO, WAS NOT ABLE TO BE HEARD THIS EVENING, UH, EXCEPT VERY BRIEFLY BY THE APPLICANT WHO HAS, UH, COULDN'T BE DECIDED TONIGHT.
AND THE APPLICANT HAS UNDERSTOOD THAT THE MATTER WOULD HAVE TO BE PUT OVER AND WE ARE NOTICING IT FOR APRIL 28TH.
ALSO, NEXT CASE IS CASE 2206 MOHAMMED HOG PROPERTY AT 65 DALE ROAD.
AND WHEREAS THE GREENBERG Z B A HAS SOMEWHERE REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE AND WHEREAS THE GREENBERG C D 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 DO I HAVE A MOTION? MADAM CHAIR? I MAKE A MOTION.
I MOVE THAT THE APPLICANT CASE NUMBER 22 DASH SIX BE GRANT BE GRANTED PROVIDED THAT ONE, THE APPLICANT OBTAINS ALL NECESSARY APPROVALS AND FILES THE SAME FOR DEPARTMENT NUMBER TWO.
CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR ISSUANCE OF A BUILDING PERMIT AND PROCEED, PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED FEBRUARY 15TH, 2022.
WILLIAM WILL, WILLIAM, THAT THAT CONDITION DOESN'T HAVE TO BE IN THERE BECAUSE YOU'RE LEGALIZING SOMETHING THAT'S ALREADY THERE.
SO THE CONSTRUCTION IS NOTHING TO BE CONSTRUCTED.
NOTE, IF THE APPLICANT IS TO LEGALIZE WORK TO BE DONE WITH EVIDENCE, THIS CONDITION SHOULD BE OMITTED.
UH, YOU WANT ME TO START OVER AGAIN? OR WE, WE CAN JUST KEEP GOING.
WE'RE GOING TO, WE'RE GONNA SCRATCH NUMBER TWO, RIGHT.
NUMBER THREE, VARIANCE IS BEING GRANTED.
THE VARIANCE IS BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN IN THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION ONLY.
ANY FURTHER CONDITION CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT,
[03:20:01]
SETBACK, OR OTHER VARIANCES.WE HAVE APPROVED HEREIN FURTHER THAT THE FOLLOWING CONDITIONS SHALL BE MET.
THAT THE APPLICANT SHALL BE RESPONSIBLE FOR MAINTAINING THE SCREENING AND PLANTINGS TO THE REAR OF THE PROPERTY NEAR THE FIRE PIT, WHICH WILL MEET THE REQUIREMENTS OF THE TOWN'S FORESTRY.
SO YOU LOOK AT THE, WAS THAT SECOND BY ANYBODY? YES.
AND I, WE, AGAIN ARE WAIVING THE FINDINGS BEING READ THIS EVENING, HOWEVER THEY WILL BE AVAILABLE.
AND THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 27 22 0 7.
AARON SCHWEITZER, SCHWEITZER, SCHWEIGER, I SAID IT CORRECTLY EARLIER TONIGHT.
UH, AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO C A COMPLIANCE AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT NOW THEREFORE BE IT RESOLVED, THAT SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
DO I HAVE A SECOND, UM, CHAIR.
I MOVE THAT THE APPLICATION IN CASE NUMBER 2207 BE GRANTED PROVIDED THAT THE APPLICANT OBTAINED ALL NECESSARY APPROVALS, 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 SEPTEMBER 1ST, 2021.
SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
THE VARIANCE BEING GRANTED IS FOR THE IMPROVEMENT SHOWN ON THE PLAN 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 THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES.
WE HAVE APPROVED HEREIN FURTHER THAT THE FOLLOWING CONDITIONS SHALL BE MET.
FOR SAFETY AND SECURITY PURPOSES, WE REQUIRE MOTION SENSITIVE LIGHTING TO BE INSTALLED THAT IS DIRECTED TOWARDS THE INTERIOR OF THE PROPERTY.
SO THAT ILLUMINATION IS NOT VISIBLE FROM OUTSIDE OF THE LOT WE WANNA PUT IN.
WHERE ON THE PROPERTY YOU WANT THAT, UH, LIGHTING IN THE REAR OR SOMETHING MOTION SENSE OF LIGHTING IS REQUIRED ON THE BUILDING, RIGHT? ON THE CABANA? NO, NO.
IT WOULD BE, PRESUMABLY IT WOULD BE ON THAT DRIVEWAY LOOKING UP TOWARD THE CABANA.
YOU'D WANT TO CATCH SOMEBODY ENTERING THE PROPERTY, WALKING, YOU KNOW, FROM DOWN BELOW.
I JUST THINK WE SHOULD LEAVE IT VAGUE BECAUSE HOW DO WE KNOW REALLY WHERE THEY SHOULD PUT THE LIGHTING FOR SECURITY PURPOSES? IT JUST SHOULD BE SOMEWHERE THAT MAKES SENSE AND POINTED AWAY FROM OTHER HOMES.
AS, AS NEEDED TO, YOU KNOW, AS, AS NEEDED FOR SAFETY AND SECURITY, RIGHT? YEAH, THAT'S WHAT I SAID.
WELL THE ONLY THING THAT I'M SAYING IS THAT, YOU KNOW, THEY COULD PUT THE LIGHTING IN FRONT OF THE HOUSE THEN, YOU KNOW, THE, THE, THE, THIS WHOLE THING IS RELATED TO THE CABANA, I THOUGHT.
YEAH, BUT WHY DO WE CARE WHERE THEY PUT IT? AS LONG AS IT'S NOT BOTHERING OTHER PEOPLE.
WELL YEAH, BUT IF IT'S NOT ILLUMINATING THE CABANA, THEN WHAT'S THE SENSE? I JUST THINK LIKE I PERSONALLY, I DON'T KNOW.
I DON'T WANNA LIKE MAKE THEM PUT SOMETHING SOMEWHERE THAT DOESN'T MAKE SENSE.
WELL, IT DOES NEED TO ILLUMINATE THE CABANA THOUGH.
WE'RE NOT TELLING 'EM EXACTLY WHERE TO PUT IT, BUT THE PURPOSE THAT IT'S SHOULD SERVE.
I SAID FOR SAFETY AND SECURITY PURPOSES, WE REQUIRE MOTION SENSITIVE LIGHTING TO BE INSTALLED.
WELL, WE HAVE TO REFER TO IT, DON'T WE? AND THEN I SAID THAT'S DIRECTED TOWARD THE INTERIOR OF THE PROPERTY.
SO IT'S NOT TO BE VISIBLE, RIGHT?
[03:25:06]
YES.I'M ILLUMINATING THE CABANA, YOU KNOW, BECAUSE IT COULD BE THIS, YOU WANNA SAY ILLUMINATING THE CABANA OR ACCESS TO THE CABANA OR ACCESS TO IT.
BECAUSE THAT WOULD COVER THE ROAD OR WHATEVER.
THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 2208 FOR CORRESPONDENCE THAT SCARSDALE DOLF CLUB.
AND, UM, DO I HAVE A MOTION THAT THE ZONING BOARD OF APPEALS WILL CONSIDER DECLARING ITSELF TO BE THE LEAD AGENCY WITH RESPECT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT WITH REGARD TO THIS MATTER? UH, SURE.
I MOVE THAT THE ZONING BOARD OF APPEALS BE THE LEAD AGENCY PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT.
AND DO I HAVE A SECOND? SECOND.
THANK YOU
AND WITH THAT, I BELIEVE WE HAVE COVERED OUR AGENDA FOR THIS EVENING.
AND WHAT, WHAT, ONE SECOND, CAROL.
WAS THAT THE INTENT THAT, THAT WE PUT THIS ON NEXT MONTH? YES.
THAT'S WHY WE'RE DOING THIS TONIGHT.
WELL, I HOPE WE HAVE SPRING WHEN WE SEE EACH OTHER AGAIN, BECAUSE I AM TIRED OF THIS WEATHER.
ARE WE GOING BACK IN PERSON OR ARE WE STAYING ON ZOOM? I, I DON'T KNOW YET.
THE EXECUTIVE, THE EMERGENCY EXECUTIVE OR ORDER AS OF NOW EXPIRES ON APRIL 15TH.
UH, NOW IT MAY BE EXTENDED, I DON'T KNOW, BUT AS OF NOW, UM, IT'S, AS I SAID, EXPIRES ON APRIL 15TH.
SO I DON'T KNOW THE ANSWER TO THAT SOON AS I OUT, YOU KNOW, IF, DO YOU KNOW IF THERE'S BEEN MUCH, MUCH PUSHBACK WITH RESPECT TO IT? NOT REMAINING IN GENERAL? I DON'T KNOW.
I KNOW, I THINK THE TOWN, THE TOWN HAS, UH, VOTED TO, UH, WRITE A LETTER TO THE STATE AUTHORITIES, WHOEVER IT IS.
UH, PROBABLY THE GOVERNOR'S OFFICE REQUESTING THAT, UH, THIS BE MADE AT LEAST EXTENDED IF NOT MADE PERMANENT.
YEAH, NO, I, I DID READ THAT LETTER.
I WAS JUST WONDERING IN GENERAL WHAT OTHER MUNICIPALITIES ARE, ARE DOING OR SAYING OR THINKING THAT'S ALL.
WELL, I KNOW THAT PORTCHESTER PORTCHESTER LIKES IT IN PERSON.
THEY'VE BEEN MEETING IN PERSON THROUGH THE WHOLE THING REALLY? WELL, I GUESS WHEN IT WAS, EVERYTHING WAS SHUT DOWN, THEY, I DON'T KNOW WHAT THEY WERE USING.
I HOPE EVERYONE GETS HOME SAFELY,