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[00:00:02]

OKAY.

[ DRAFT TOWN OF GREENBURGH PLANNING BOARD AGENDA WEDNESDAY, April 6, 2022 – 7:00 P.M. Meetings of the Planning Board will be adjourned at 10:00 p.m. ]

GOOD EVENING LADIES AND GENTLEMEN.

WELCOME TO THE APRIL 6TH PLANNING BOARD MEETING.

UM, WE ARE GOING TO START BY MR. SCHMIDT, UH, DEPUTY COMMISSIONER SCHMIDT, UH, CALLING THE ROLE, PLEASE.

SURE.

CHAIRPERSON SCHWARTZ.

PRESENT MR. HAY? HERE.

MR. SIMON? HERE.

MR. DESAI? HERE.

MR. DESAI.

OKAY.

AND MS. F*G HERE.

NOTE FOR THE RECORD.

UH, AS OF RIGHT NOW, MR. GOLDEN AND MR. SNAGS ARE NOT PRESENT.

MS. DAVIS, OUR ALTERNATE IS NOT PRESENT AT THE MOMENT, BUT IS EXPECTED TO ATTEND AT SOME POINT THIS EVENING.

OKAY, THANK YOU.

OKAY, THE MINUTES.

UM, I DO HAVE ONE CHANGE I FOUND.

HANG ON.

LEMME JUST PULL IT UP FOR SECOND.

UM, IT WAS THE MARCH 14TH.

I HAVE, I HAVE ALSO SOME .

OKAY.

ALL RIGHT.

ON PAGE FIVE, SECOND PARAGRAPH.

IT SAID, UH, IT SAYS HE FELT THAT DO SECOND SENTENCE.

IT SAYS HE FELT THAT DOING THAT WOULD BE OUT OF THE PURVIEW OF THE PLANNING BOARD.

WHAT I WANNA CHANGE IT TO IS, UH, HE FELT THAT RECOMMENDING ON HOW TO HANDLE THE TAX TAX RISK WOULD BE OUT OF THE PURVIEW OF THE PLANNING BOARD.

OKAY.

SAY IT ONE MORE TIME PLEASE.

HE FELT THAT RECOMMENDING ON HOW TO HANDLE THE TAX RISK WOULD BE OUT OF THE PER PURVIEW OF THE PLANNING BOARD.

GOT IT.

THANK YOU.

OKAY.

CORRECT.

YEAH.

ON PAGE FIVE, UH, I THINK THIRD PARAGRAPH, I THINK, UH, WHERE IT SAYS, UH, MR. DESAI OPINE THAT IT APPEARS SINGLE FAMILY, I THINK, UH, IT HAS KIND OF, UH, UH, EDITED QUITE A BIT OF IT.

WHAT I SAY, AARON.

SO I WOULD LIKE TO ADD SOME OF THE LANGUAGES THAT I SENT YOU EMAIL AFTERWARDS, WHICH WAS KIND OF A GIST OF WHAT I SAID.

I THINK YOU CAPTURED SOME, BUT YOU HAVEN'T CAPTURED ALL.

SO, UH, I THINK IT'S THE BEST.

YOU JUST CAN GO BACK AND READ THAT AND PUT IT INTO THE, INTO THE .

WE WILL, UH, WE WILL ADD WORD, WE WILL ADD IT WORD FOR WORD.

WE WILL GO BACK TO THE TAPE.

THERE'S NO PROBLEM WITH THAT.

I'M HAPPY TO DO SO.

I ALSO WANT TO ANNOUNCE AS OF 7:03 PM OUR ALTERNATE LESLIE DAVIS HAS JOINED US AND SHE'LL BE A FULL VOTING MEMBER THIS EVENING.

FIRST OF ALL, I WANT EVERYBODY TO WELCOME LESLIE DAVIS TO, TO THE BOARD.

I CAN'T SEE HER.

UNFORTUNATELY, SHE'S NOT ON MY FIRST SCREEN.

UM, THERE, SHE'S HELLO.

THANK YOU.

HI, LESLIE.

WELCOME.

HELLO, LESLIE, YOU'RE, YOU'RE JOINING UNDER FIRE.

YOU GET TO VOTE TONIGHT.

THE PRESSURE IS ON YOU.

OKAY.

.

OKAY.

UM, ALL, ALL KIDDING ASIDE THOUGH, IF THERE'S SOMETHING YOU FEEL YOU'RE UNCOMFORTABLE THAT YOU DON'T KNOW ENOUGH ABOUT, YOU DON'T HAVE TO VOTE, BUT YOU'RE AUTHORIZED TO VOTE ON ANY OF THE PROJECTS THAT ARE ON THE AGENDA TONIGHT.

OKAY? UNDERSTOOD.

OKAY.

ALL RIGHT.

ALL RIGHT, WELL, WELCOME.

YOU'RE A WELCOME ADDITION TO THE BOARD.

IT'S, IT'S REALLY NICE TO HAVE YOU AND, UH, WE'RE LOOKING FORWARD TO YOUR CONTRIBUTIONS.

THANK YOU.

OKAY.

UM, CAN I HAVE A, A MOTION TO APPROVE THE MINUTES AS AMENDED? I MOVE.

I MOVE.

OKAY.

SO AARON, YOU GONNA, YOU'RE GONNA, UH, PUT IT INTO IT AND, UH, SEND ME THE, SEND ME THE VISED ONE.

SO I WILL, I WILL SEND OUT THE, UH, FINALIZED AND ADOPTED MINUTES TO ALL BOARD MEMBERS.

AND AGAIN, I WILL GO BACK TO THAT PARTICULAR SECTION.

SURE.

AND WE WILL PUT IT IN WORD FOR WORD.

JUST PUT IT IN VERBATIM.

THAT'S FINE.

DID I HEAR A SECOND? I HEARD TWO, TWO MOTIONS.

CAN I HAVE A SEC? OFFICIAL SECOND.

I SECOND.

OKAY.

KITZ SAID, SAID IT, IT A SECOND.

DID IT ALL IN FAVOR? AYE.

AYE.

AYE.

OPPOSED? ABSTAIN.

LESLIE, DID YOU VOTE FORWARD OR YOU'RE ABSTAINING? I CAN'T HEAR YOU.

YOU'RE ON MUTE.

OKAY.

I GOTTA, AYE, AYE.

OKAY.

ALL RIGHT.

IT'S UNANIMOUS.

UH, WHAT'S, WHAT'S IN CORRESPONDENCE, AARON? WE DO HAVE TWO EXTENSION REQUESTS.

UM, JUST FOR MATT.

THE MOTION WAS MADE BY MONA.

UH, ON THE MINUTES IN, UH, CORRESPONDENCE, WE HAVE TWO EXTENSION REQUESTS.

THE FIRST BEING CASE NUMBER PB 19 DASH 26.

YOU

[00:05:01]

MAY RECALL THAT AS THE KAUFMAN SUBDIVISION ON HILLCREST AVENUE, WHICH ALSO BACKS UP TO SPRINGWOOD AVENUE.

AND THE APPLICANT RECEIVED PRELIMINARY SUBDIVISION APPROVAL.

UM, IT'S SET TO EXPIRE ON MAY 3RD.

THERE, THERE ARE SOME BACKUPS AT THE COUNTY LEVEL, AND THEY ARE SEEKING A 90 DAY EXTENSION.

IS THIS THEIR FIRST EXTENSION? YES, IT IS.

OKAY.

CAN I HAVE A MOTION TO APPROVE THE EXTENSION? BILL MOVED.

SECOND.

SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

AYE.

ALL OPPOSED? ABSTENTIONS.

OKAY, THAT PASSES.

SECOND ONE, AARON.

OKAY.

THE SECOND ONE IS CASE NUMBER PB 14 DASH ZERO FOUR, KNOWN AS THE FORTI SUBDIVISION OFF WORTHINGTON ROAD.

UM, THIS IS A STEEP SLOPE PERMIT EXTENSION REQUEST.

IT IS THEIR, UH, FOURTH EXTENSION REQUEST.

HOWEVER, I CAN REPORT THAT THE PROJECT IS UNDER CONSTRUCTION, SO THEY JUST WANT TO BE ABLE TO CONTINUE IN THE EVENT THERE'S A WORK STOPPAGE.

THEY DON'T WANNA RUN INTO AN ISSUE WHERE THE PERMITS LAPSED AND THEN THEY HAVE TO COME BACK TO THE PLANNING BOARD.

IT'S VERY CUSTOMARY FOR PROJECTS THAT GO ON FOR A PERIOD OF TIME TO REQUEST THIS TYPE OF EXTENSION.

SO, UH, I'M HAPPY TO ANSWER ANY QUESTIONS, BUT HOW LONG, AS I SAID, HOW LONG, HOW LONG IS THE EXTENSION FOR EVAN? IT WOULD BE A TWO YEAR EXTENSION.

OKAY.

ANY QUESTIONS, COMMENTS FROM THE BOARD BEFORE WE, UH, ENTERTAIN A MOTION? OKAY.

I THINK EITHER EVERYBODY'S ASLEEP OR EVERYBODY AGREES.

WAIT, CAN I HAVE A MOTION THEN? WAIT, I DO HAVE A QUESTION.

IS THERE GONNA BE ANOTHER EXTENSION AFTER THIS? 'CAUSE IF THIS IS THE FOURTH EXTENSION AND IT'S FOR TWO YEARS, I MEAN, SO LEMME ADDRESS, TECHNICALLY THEY DO NOT NEED AN EXTENSION AT THIS POINT BECAUSE THEY'VE STARTED THE PROJECT.

THEY'RE DOING THIS SORT OF AS AN INSURANCE FACTOR.

UH, AS AARON SAID, IN CASE THERE IS SOME SORT OF WORK STOPPAGE OR SOMETHING, UH, PUTS THEM ASIDE.

UH, IF THAT HAPPENS TWO YEARS DOWN THE ROAD, THEN IT'S REALLY UP TO THE PLANNING BOARD TO MAKE A DETERMINATION AS TO WHAT IT WANTS TO DO LEGALLY.

UH, YOU MIGHT HAVE A HALF-BUILT PROJECT THERE, THAT'S THE PROBLEM.

THAT MIGHT BE THE PROBLEM, BUT IT WOULD BE WITHIN YOUR, UM, DOMAIN TO, UH, TO GRANT OR NOT GRANT.

ALRIGHT.

OKAY.

WHAT TYPICALLY IS DONE AT THIS POINT? LIKE, DOES ANYBODY EVER GET AT ONE, AFTER FOUR EXTENSIONS? AT THIS POINT BEING THAT THE PROJECT IS UNDERWAY, I THINK IT MAKES A LOT OF SENSE TO ISSUE THE EXTENSION.

IF IT WASN'T UNDERWAY, WHEN I WOULD'VE HAD MY CONVERSATION WITH CHAIRPERSON SCHWARTZ, WE PROBABLY WOULD'VE ASKED THE APPLICANT TO COME IN, COME BACK IN, EXPLAIN WHY IT HASN'T STARTED, AND THEN LET THE BOARD DISCUSS THAT.

BUT I THINK SINCE IT'S UNDERWAY, IT MAKES SENSE.

YEAH, I AGREE WITH THAT.

I, YOU KNOW, YOU, YOU DON'T WANT STAGE THE PROJECT IS, I MEAN, I I, THEY ALREADY HAVE TWO OF THE HOU WHAT, TWO OUT OF THE THREE HOUSES BUILT BRIAN? UH, THEY HAVE, THEY'RE WORKING ON THE SECOND ONE NOW.

OKAY.

THEY, THEY WERE ALREADY, THEY TOOK THEM, WHAT? IT TOOK THEM 40 YEARS TO GET TO THAT POINT.

UH, THEY WERE WORKING ON ANOTHER JOB IN YONKERS.

UH, IT'S A SMALL TIME DEVELOPER AND, UH, IT'S REALLY GOOD COVID TOO NOW WITH COVID WITH COVID AND MATERIALS, YOU KNOW, COSTS GOING THROUGH THE ROOF.

UM, YOU KNOW, IT JUST TOOK THEM A LONG TIME TO GET STARTED, BUT THEY'RE UNDERWAY NOW AND WE EXPECT IT TO BE DONE WITHIN THE NEXT TWO YEARS.

BUT NO, I'M NOT THE ONE OUT THERE.

I'D BE CONCERNED I'D BE MUCH MORE CONCERNED IF THEY WEREN'T WORKING ON IT.

THAT'S WHAT I THINK.

NO, A QUESTION QUESTION WITH MONA HAD WAS VERY VALID IN A LOOKING TIMEFRAME.

IF YOU'RE GIVING, UH, IF THE, IT WAS SORT OF APPROVED IN 16 AARON, RIGHT.

OR, YOU KNOW.

YEAH, THAT SOUNDS RIGHT.

16.

RIGHT.

SO IT'S, IT'S ALREADY SIX YEAR THEY'RE INTO IT.

AND IF THEY'RE LIKE A HALFWAY, THEN I THINK MONA'S POINT IS VALID THAT, UH, IF IT'S GONNA TAKE ANOTHER SIX YEARS OR FOUR YEARS, WE NEED TO KIND OF UNDERSTAND THE, THE SCOPE OF IT.

I'M NOT AGAINST IT, BUT JUST TO AWARE OF IT.

BUT IT'S NOT, FIRST OF ALL, WE'RE ONLY APPROVING, WE'RE ONLY APPROVING IT FOR TWO YEARS, YEARS.

WE CAN, I UNDERSTAND.

AND I THINK YOU CAN GIVE THEM THE MESSAGE THAT THEY BETTER BE DONE IN TWO YEARS.

ARE THEY MAKING I CAN CERTAINLY DO THAT.

I CAN CERTAINLY DO THAT.

AND I JUST WANNA POINT OUT THAT IT WASN'T AS IF THEY PUT A SHOVEL IN THE GROUND IN 2016 AND NOW IT'S SIX YEARS LATER, A VERY SLOW CONSTRUCTION.

I THINK SINCE THEY'VE BROKEN GROUND, THEY MOVED RATHER SWIFTLY AND THEY WANT TO GET THE JOB DONE QUICKLY AND MOVE ON FROM THE PROJECT.

[00:10:01]

UH, ACTUALLY THE, THE, THE APPLICANT OWNS THE EXISTING HOUSE THAT IS REMAINING ON THE SITE, SO HE WANTS TO SEE IT DONE AS WELL.

UM, BUT I THINK TWO YEARS IS REASONABLE.

I THINK THEY'LL GET IT DONE WITHIN TWO YEARS.

IF THEY DON'T, THEY'LL BE BACK BEFORE THIS BOARD AND THE BOARD CAN DECIDE AT THAT POINT.

IT'S TWO HOUSES IN TOTAL.

THEY'RE BUILDING THREE.

TOTAL THREE.

THAT'S WHAT I THOUGHT.

OKAY.

SO THEY, THEY SHOULD BE ABLE TO BUILD A HOUSE, HOUSE AND A HALF.

THEY SHOULD BE ABLE TO BUILD BOTH OF 'EM BY THE END OF THE SUMMER, FRANKLY, THAT THEY HAVE THE TIME.

IT'S NOT THAT DIFFICULT TO BUILD THAT, BUILD A HOUSE.

SO, I AGREE.

AS LONG AS THEY'RE MOVING.

I, I THINK WE, UM, I, I, I'LL ENTERTAIN A MOTION TO GIVE THE, GIVE THIS EXTENSION.

MY HAND IS RAISED AND I, UH, UH, FORWARD THE MOTION THAT WE EXTEND THE PERMIT.

OKAY.

TOM, CAN I HAVE YOUR, YOU AS A SECOND PLEASE.

SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

ALL OPPOSED.

ABSTENTION.

OKAY.

IS THAT IF A CORRESPONDENCE EXCEPT FOR THE ELM BOARD ISSUE, RIGHT.

WHICH WE'LL TALK ABOUT LATER.

YES, THAT'S CORRECT.

OKAY.

LET'S MOVE ON TO THE FIRST CASE, WHICH IS REGENERON.

HANG ON FOR ONE SECOND.

REGENERON.

UM, THAT'S PB 2129.

IT'S, UH, FOR WETLAND WATERCOURSE PER PERMIT.

THIS IS FOR, IT'S A FIVE-YEAR APPROVAL AND THIS IS FOR, UH, THE FACILITATING, UH, THE TEMPORARY PARKING AREAS FOR CONSTRUCTION ON THE PROPERTY.

UM, DID ANYBODY HAVE ANY COMMENTS ON THE, UH, APPROVAL LETTER? OKAY, IF THAT'S THE CASE, COULD I HAVE A MOTION TO APPROVE, UH, THE WETLAND WATERCOURSE PERMIT? DO WE, WE DON'T HAVE TO SECRET OR ANYTHING ON THIS, DO WE? NO, YOU DO NOT.

JUST THE WETLAND WATERCOURSE PERMIT.

OKAY.

CAN I HAVE A MOTION TO APPROVE THE WETLAND WATERCOURSE PERMIT THEN? NO.

MOVE, MOVE.

SECONDED.

OKAY.

TOM, TOM AND THEN I THINK KURT ACTUALLY SECONDED.

OKAY.

ALL IN FAVOR? AYE.

OKAY.

ALL OPPOSED? ANY ABSTENTIONS? OKAY.

PASSES.

OKAY, NEXT ONE VERY MUCH.

OKAY.

THE, OKAY.

P TOWN BOARD 2117 PB 2135.

UM, THIS IS, UH, SCARSDALE GOLF CLUB AT ONE CLUB WAY.

UM, WE'RE LOOKING AT THIS FOR A RECOMMENDATION TO THE TOWN BOARD AS TO WHAT TO DO ON THIS AS WELL AS A SITE PLAN AND, UH, TREE REMOVAL PERMIT, UM, AS WELL AS THE E B A RECOMMENDATION ON THIS.

ALL ALL OF THOSE THINGS, THIS IS ESSENTIALLY FOR A BUBBLE OVER THE TENNIS COURTS, A SEASONAL BUBBLE OVER THE TENNIS COURTS.

AND I THINK ALSO THEY'RE BUILDING SOME EXTRA, WANNA PUT UP SOME EXTRA FENCING AS THEY RECALL.

IS THAT CORRECT? THE NETTING? THAT'S RIGHT.

THE NETTING.

UM, THE ISSUE THAT I RECALL AS BEING THE LARGEST ISSUE FROM THE LAST TIME IS TAKING A LOOK AT THE SITE LINE OF WHAT THIS BUBBLE WOULD LOOK AT, LOOK LIKE FROM DIFFERENT ANGLES, UH, AS YOU DRIVE, DRIVE AROUND OR, OR FROM LIKE THE APARTMENT BUILDINGS, FROM THE HOUSES ON CLUB WAY AND, AND, UH, OLD COLONY.

UM, BOTH, UH, DURING THE DAY AND AT NIGHT.

WE DID GET TWO VERSIONS OF THE NIGHT, THE NIGHT, UH, THE, THE NIGHT PHOTOGRAPHS.

THE FIRST ONE SHOWED THE WHOLE THING OF GLOW.

AND IT'S OUR UNDERSTANDING THAT THE SECOND VERSION, TELL ME IF I'M NOT WRONG, MR. ABEL, BUT THE SECOND VERSION IS A MORE APPROPRIATE VERSION, WHICH SHOWS THE ONLY PLACE YOU SEE LIGHT IS GOING THROUGH THAT SKYLIGHT IN THE, IN THE TOP THERE, NOT NOWHERE ELSE.

SO THE SECOND ONE IS THE ONE WE SHOULD CONSIDER.

THAT IS CORRECT.

MR. CHAIRMAN, IS THERE ANYTHING ELSE, AARON, THAT WAS AN OPEN ISSUE WITH THE, AND OBVIOUSLY WE NEED TO TALK ABOUT THE NETTING AS WELL.

IS THERE ANYTHING ELSE THAT, THERE WAS AN OPEN ISSUE THAT WE ASKED THE APPLICANT FOR BEFORE WE ASK THE BOARD REALLY, UM, QUESTION SOME VANTAGE POINTS.

THEY SUBMITTED SOME PHOTOGRAPHS FROM DIFFERENT VANTAGE POINTS.

AND I THINK REALLY WHAT MIGHT MAKE SENSE IS FOR MR. RABEL AND THE TEAM, JUST TO QUICKLY KINDA RUN THROUGH THE RESPONSE THEY PROVIDED TO THE PLANNING BOARD'S COMMENTS, UM, OKAY.

YOU KNOW, OF THE, OF THE LAST MEETING.

AND THEN TO JUST WALK THE BOARD AGAIN THROUGH, YOU KNOW, THE FACT THAT THE TOWN BOARD REFERRED THE SITE, THE AMENDED SITE PLAN APPLICATION.

SO THEY'RE SEEKING, YOU KNOW, THE, THE PLANNING BOARD, UH, TO CONSIDER A RECOMMENDATION BACK TO THE TOWN BOARD ON THAT.

AND THEN TO GO THROUGH THE, THE, THE VARIOUS VARIANCES.

UM, BECAUSE

[00:15:01]

THE PLANNING BOARD WOULD CONSIDER MAKING A RECOMMENDATION TO THE ZONING BOARD AS WELL.

OKAY.

SO, MR. VARIABLE, I THINK, UH, UH, ISN'T IT? WE ASK ABOUT THE ANALYSIS FOR, UH, HEIGHT VERSUS THE TRAJECTORY OF THE, HOW MANY, HOW MANY GOLF POLES WILL COME IF IT'S A LOWER BY 10 FEET OR 20 FEET.

SO YES, WE'RE GONNA, BECAUSE THAT WAS THE MAIN CONCERN WITH THE NEIGHBOR'S HEAD.

WE'RE GONNA LET MR. RABEL GET INTO PLEASE.

OKAY.

BEFORE WE DO THAT, I JUST WANNA MAKE SOMETHING CLEAR.

JUST REMEMBER, THE BUBBLE DOESN'T CHANGE THE TRAJECTORY OF THE GOLF, THE GOLF COURSE.

NO, NO, NO, NO.

IT WAS, IT WAS THE NETTING.

OKAY.

SO THE NETTING YOU, IT SAYS IT'S JUST THE NET, JUST THE NETTING ISSUE.

CORRECT.

THE TWO SEPARATE ISSUES.

OKAY.

MR. ABEL AND MR. PEARSON, WELCOME MR. PEARSON AS WELL.

UM, YOU GUYS WANNA SHARE YOUR SCREEN AND, AND RUN THROUGH THIS FAIRLY QUICKLY.

APPRECIATE IT.

YEAH, ABSOLUTELY.

UH, AND JUST TO CLARIFY ON THE VARIANCES WHAT'S BEING REQUESTED FROM THE Z B A, IT'S THREE VARIANCES RELATING TO THE TENNIS ENCLOSURE AND THREE VARIANCES RELATING TO THE NETTING.

AND, UH, AS ZACH WILL SHOW YOU WHEN WE GET TO JUST THE, THE OVERVIEW THAT THERE'S TWO AREAS IN WHICH NETTING IS PROPOSED, THE TALLER NETTING ALONG THE DRIVING RANGE, AND THEN SOME SHORTER NETTING, UH, AT THE END OF THE 16TH HOLE.

UH, AND THE THREE VARIANCES RELATE TO DIFFERENT ELEMENTS OF, OF THOSE NETS.

UH, SO I'LL QUICKLY SHARE MY SCREEN HERE.

OKAY.

CAN YOU ALL SEE THE RENDERING? YES.

YEAH.

OKAY.

SO THESE IMAGES WERE SUBMITTED PREVIOUSLY AND PRESENTED TO YOU AT YOUR MARCH 14TH AGENDA.

UH, AND THIS SHOWS THE VIEW OF THE PROPOSED ENCLOSURE FROM HARTSDALE AVENUE AT THE ANGLE AT WHICH WE BELIEVE IT WOULD BE MOST VISIBLE FROM THAT STREET BETWEEN THE IRISH BANK OVER HERE AND THE CHASE BANK OVER HERE.

THIS VIEW IS FROM THE ROOF OF THE PARKING GARAGE, AS I'M SURE YOU CAN TELL.

THIS IS THE CLOSEST AND MOST IMPACTFUL VIEW WE BELIEVE, UH, THAT ANYONE WOULD HAVE, WHICH IS THE VIEW FROM THE CARS PARKING ON THE ROOF OF THE GARAGE.

AND THEN THESE ARE THE RENDERINGS OF THE NETS 16TH HOLE HERE, DRIVING RANGE HERE.

IN RESPONSE TO YOUR REQUEST FOR VIEWS, UH, COMING FROM THE SOUTH OF OLD COLONY ROAD AND CLUB WAY, WE HAD GENERATED, UH, SOME ADDITIONAL VIEWS AS YOU HEAD SOUTH.

YOU CAN SEE THE GRADE GOES UP, UH, THE BUBBLE BECOMING FARTHER AND FARTHER AS YOU GET AWAY.

IN RESPONSE TO THE QUESTION AS TO WHAT IT'S GOING TO LOOK LIKE AT NIGHT, INITIALLY WE DID BELIEVE IT WAS GOING TO BE A MATERIAL SIMILAR TO WHAT THE TOWN DID AT BROOK PARK, WHICH WAS THAT GLOWING STRUCTURE THAT YOU REFERENCED EARLIER.

BUT AFTER DISCUSSING IT INTERNALLY AND DISCUSSING WITH THE ENCLOSURE CONTRACTOR, WE LANDED ON A MORE OPAQUE STRUCTURE.

THIS IS DELINO PARK AND WHITE PLAINS, WHICH WOULD USE A VERY SIMILAR, IF NOT THE SAME MATERIAL.

AND YOU CAN SEE THAT NO LIGHT ESCAPES THE ENCLOSURE EXCEPT FOR THAT SKYLIGHT, WHICH WE WOULD ALSO HAVE ON OUR SITE.

AND THEN MR. DESAI, YOU, YOU HAD ASKED ABOUT THE HEIGHT OF THE NETTING, AND SO WE WENT TO OUR NETTING CONTRACTOR, AL HERB ENTERPRISES, AND THEY TOLD US, WE DO THESE ALL OVER THE COUNTRY.

WE'VE REVIEWED YOUR SITE.

WE SEE THAT AT, UH, THIS DISTANCE.

YOU KNOW, YOUR, YOUR PROPERTY IS SLOPING DOWN FAIRLY DRAMATICALLY TOWARDS ONE 40 EAST HARTSDALE AVENUE.

AND SO THESE NETS AT THESE PARTICULAR HEIGHTS AND OUR EXPERTISE ARE WHAT'S NEEDED.

AND WE PROVIDED A LETTER FROM THE CONTRACTOR.

THEY SAID IF YOU LOWERED THE NETS BY EVEN JUST 10 FEET, A SUBSTANTIAL, OR A, A NOT INSIGNIFICANT NUMBER OF ADDITIONAL BALLS WOULD GO OVER THE EDGE OF THE PROPERTY AND ONTO THE NEIGHBOR'S SITE.

UH, I, I DON'T THINK THEY FELT THEY COULD CALCULATE THE EXACT NUMBER OF BALLS TO, TO GIVE YOU THAT SUPER DIRECT ANSWER MR. DESAI.

BUT THEY WERE, UH, VERY CONFIDENT THAT THIS IS THE APPROPRIATE HEIGHT AND THAT IT WOULD BE, UH, A NEGATIVE IMPACT TO THE NEIGHBORS IF WE WERE TO LOWER THE NETS ANY FURTHER.

SO WITH THAT, I CAN TURN IT OVER IF YOU'D LIKE TO ZACH PEARSON TO RUN THROUGH THE SITE PLAN, IF YOU FEEL THAT WOULD BE HELPFUL, OR WE CAN ANSWER ANY QUESTIONS YOU HAVE ON THE MATERIALS WE'VE SUBMITTED AND PRESENTED SO FAR.

OKAY.

UM, WALTER, UH, THANK YOU.

UH, AS IT STANDS NOW, IF THERE WAS NO BUBBLE, UH, WHAT IS THE, THE, THE CONDITIONS I UNDERSTAND

[00:20:01]

IS THAT THE NEIGHBORS DON'T WANT THE NET.

SO YOU'RE PUTTING UP A BUBBLE THAT SHOULD NOT HAVE ANY EFFECT ON, ON THE BALLS.

SO, SO WHAT IS THE ISSUE WITH THE NET? IF THE NEIGHBORS SAY, DON'T WANT THE NET, AND THE BUBBLE HAS NOTHING TO DO WITH THE WALLS FLYING OVER THERE, SO WHY ARE WE TALKING ABOUT A NET? YEAH.

ZACH, WOULD YOU MIND PUTTING UP THE PROPOSED, UH, SITE PLAN, PARTICULARLY THE NETTING PLAN? YEAH, STEVE, I, I'M ACTUALLY LOCKED OUTTA MY COMPUTER RIGHT NOW, SO, OH, WELL, AS PUBLISHED, I'M, I'M ON MY, MY CELL PHONE AT THIS POINT.

AARON, CAN YOU, CAN YOU PUT IT UP PLEASE? YES, I CAN.

SO, UH, WHAT I WOULD NOTE, AND AARON, I THANK YOU FOR THE ASSIST ON THIS.

UM, WE ACTUALLY, IF YOU GO WAY, WAY BACK, WE APPEARED SOME TIME AGO BEFORE THE TOWN BOARD FOR A WORK SESSION ON THE TENNIS ENCLOSURE, BECAUSE THAT WAS THE INITIAL GOAL OF THE CLUB, WAS TO INSTALL THIS TENNIS ENCLOSURE FOR WINTER PLAY.

THE ENCLOSURE HAS NOTHING TO DO WITH THE HITTING OF GOLF BALLS, IT'S PURELY TO ALLOW, UH, CLUB MEMBERS TO PLAY TENNIS DURING WINTER MONTHS.

WHILE WE WERE AT THE WORK SESSION, IT WAS NOTED THAT SOME NEIGHBORS HAD COMPLAINED THAT BALLS WERE LANDING ON THEIR PROPERTY, UH, PARTICULARLY ONE 40 EAST HARTSDALE AVENUE.

AARON, I DON'T KNOW IF YOU CAN GO TO THE NET PLAN.

IF NOT, I THINK I CAN FIND A COPY OF IT.

DO YOU KNOW WHICH SHEET BY ANY CHANCE, STEVE OR ZACH? IT WOULD BE LATER.

IT WOULD BE, I'LL KEEP SCROLLING THROUGH AND YOU LET ME KNOW IT'S THE COLOR.

'CAUSE IT'S IMPOSED ON AN AERIAL.

YEP.

ALL THOSE PLANTS THERE HAVE TO DO WITH THE TENNIS ENCLOSURE.

THERE'S THE, RIGHT, THERE'S THE, THE PLAN IS THIS ONE HERE.

DID YOU BLOCK THE, THAT'S THE ENCLOSURE? NO, YEAH, IT WAS BACK UP.

YOU PASSED IT THERE.

OH, I'M SORRY.

OKAY.

IF I MAY INTERRUPT.

WELL HOLD ON FOR A SECOND, WALTER.

LET'S SEE IF WE CAN FIND THE NET PLAN.

SO THE, THE POINT I WANTED TO MAKE, UH, TO THE BOARD IS THE, THE REASON WE'RE PROPOSING THE NET IS ACTUALLY BECAUSE CERTAIN NEIGHBORS HAVE ASKED US FOR IT.

AND, UH, I BELIEVE YOU HAVE IN YOUR RECORD A LETTER IN SUPPORT FROM THE OWNERSHIP AT ONE 40 EAST HARTSDALE, WHICH IS THE PROPERTY THAT IS MOST IMPACTED BY THE NET.

THE NET IS PROPOSED LARGELY IN FRONT AND AROUND ONE 40 EAST HARTSDALE SO FAR, AND I, I APOLOGIZE IF I'VE MISSED ANYTHING, BUT SO FAR THE, UH, NEIGHBORS THAT HAVE RAISED CONCERNS ARE AT ONE 20.

UM, WHICH IF WE CAN, SORRY.

YEAH.

UH, IF WE CAN, UH, GET TO THE SHEET.

I'LL SHOW YOU IT.

IT'S, THEY'RE REALLY ONLY IMPACTED BY AND I OH, PERFECT.

RIGHT THERE.

YEP.

SO YOU CAN SEE HERE ONE 40, UH, THAT'S RIGHT THERE.

THOSE ARE THE NEIGHBORS THAT REQUESTED THE NET.

THEY'RE THE ONES WHO HAVE SUBMITTED A LETTER IN FAVOR.

AND THEN ONE 20 TO THE LEFT ARE THE NEIGHBORS THAT HAVE, UH, EXPRESSED SOME CONCERN WITH THE VISIBILITY.

UH, BUT AS YOU CAN SEE, THE NET ITSELF DOESN'T ACTUALLY EXTEND, UH, IN FRONT OF ONE 20 ALL THAT MUCH.

UH, SO, SO OUR BELIEF AND POSITION IS WE'RE MITIGATING A, A NEGATIVE IMPACT.

AND, YOU KNOW, I DON'T KNOW IF THE BOARD HAS MUCH EXPERIENCE LOOKING AT THESE NETS, BUT THEY'RE VERY DIFFICULT TO SEE ONCE THEY'RE INSTALLED.

UM, I HAVE A QUESTION.

UM, THE END OF THE END OF, IT'S BEFORE THE, THE PROPERTY LINE ON ONE 20, ISN'T IT? THAT'S THE END OF THE NET RIGHT THERE.

RIGHT? SO IT DOESN'T EVEN GO IN FRONT OF ONE 20.

YEAH.

AM I RIGHT? THAT'S RIGHT.

IT'S IT STEVE? I, I BELIEVE THAT'S CORRECT, ZACH.

IS IS THAT ACCURATE? I KNOW IT, YOU KNOW, THE AERIAL IMAGERY TILTS THE BUILDINGS A LITTLE BIT, BUT, UH, THOSE PROPERTY LINES ARE ACCURATE, CORRECT? YEAH, THERE, IT, IT'S, IT'S AERIAL TAX MAP.

IT'S WESTCHESTER COUNTY TAX MAPS WITH AERIAL WESTCHESTER AERIALS AS WELL.

AND I, AND I WOULD NOTE THAT THAT LAST LEG OF NETTING ACTUALLY GOES DOWN FROM THE POLE INTO THE GROUND.

OKAY.

OKAY.

SO IT, IT'S NEVER IN FRONT.

WALTER, I'LL GET RIGHT BACK TO YOU IN A SECOND.

MM-HMM.

.

SO IT'S NEVER IN FRONT OF A ZACH.

THAT'S CORRECT.

IT'S NEVER IN FRONT OF ONE 20 HARTSDALE AT ALL.

IT STOPS BEFORE THAT.

IS THAT CORRECT? YEAH.

UM, LET ME GET TO, UH, I THINK ELEVATION WOULD BE GOOD TO UNDERSTAND IF YOU HAVE IT DOESN'T, YEAH, IT LOOKS LIKE IT STOPPED.

I, I, YES.

[00:25:01]

I MEAN, THERE'S A, THERE'S A, AS STEVE SAID, THERE'S A DISTORTION ON THE IMAGE.

IT'S PLUS OR MINUS RIGHT AT ONE 20.

YOU KNOW, IT'S, IT'S RIGHT ABOUT, OKAY.

IT'S NOT, IT'S NOT SITTING NONE OF IT.

MY POINT IS NONE OF IT IS SITTING IN FRONT OF ONE 20.

NO, THE, FROM THE LAST POLE TOWARDS ONE 20 THAT, LIKE, AS STEVE MENTIONED, THAT THAT PIECE OF NETTING WOULD BE GOING FROM THE TOP OF THE POLE DOWN TO DOWN TO GRADE, EXISTING GRADE.

OKAY.

BUT WHAT 20 IS TO THE LEFT OF THAT ANYWAY, RIGHT? IS IT? YES.

OKAY.

WALTER, GO AHEAD.

YOU CAN FINISH THE QUESTION.

I'M SORRY.

OKAY, STEVE, THAT WAS MY POINT.

I WANTED TO SEE IF THERE WAS ANY CORRELATION BETWEEN THOSE WHO ARE OPPOSING THE NET AND THOSE WHO WANT THE NET WITH THE PHYSICAL LAYOUT OF THE NET.

YOU JUST EXPLAINED THE, THE, THE PEOPLE WHO WANT THE NET IS WHERE MOST OF THE NET IS IN FRONT OF.

THAT'S THE ONE 40.

THEY WANT THE NET.

AND THE NET IS BASICALLY ON THEIR PROPERTY.

NOW TO THE RIGHT, THERE'S ANOTHER BUILDING.

DO WE HAVE ANY FEEDBACK FROM THAT BUILDING? WE DID HAVE A SITE WALK, UH, AND THE OWNERSHIP OF THAT BUILDING, I BELIEVE ACTUALLY OWNS THE THREE ADJACENT PROPERTIES.

YEAH.

AND BILL BILLARD CAN CORRECT ME IF, IF I MISSPOKE THERE, BUT WE DID HAVE A SIDEWALK WITH THAT OWNERSHIP.

UH, AND WHILE THEY HAVE NOT TO OUR KNOWLEDGE SUBMITTED ANY LETTERS EITHER WAY, THEY SEEMED AT OUR MEETING TO BE GENERALLY COMFORTABLE WITH IT.

UH, OKAY.

YES, THAT INCLUDED, THAT INCLUDED 1 50, 60, 70, AND 80.

OKAY.

YOU ANSWERED MY QUESTION.

WE SPOKE TO ALL, WE SPOKE TO, WE SPOKE TO THE, UH, REPS OR OWNERS OF THOSE BUILDINGS AND THEY HAD NO ISSUES AT ALL WITH THE NAME OR .

OKAY.

SO, SO BASICALLY THE BUILDINGS THAT ARE AFFECTED HAVE NO ISSUE WITH THAT WAS OKAY.

THAT'S CLEAR TO ME.

OKAY.

OKAY.

TOM WAS NEXT, I BELIEVE.

AND THEN DAVE, YEAH.

ONE, SORRY, ONE QUICK QUESTION.

IN THIS SAME VEIN, ONE OF THE LETTERS CLAIMED THAT AT SOME POINT IN THE PAST, I DON'T KNOW IF IT WAS 10 OR 15 YEARS AGO, THERE WERE NO BALLS GOING OVER THERE.

AND THEY CLAIMED THAT THE CLUB SOMEHOW CHANGED THE TRAJECTORY OF THE DRIVING RANGE.

SO THAT BALLS STARTED GOING OVER THERE.

IS THERE ANY TRUTH TO THAT? YOU KNOW, FROM WHAT I, SORRY, GO AHEAD, BILL.

SO THERE'S NO TRUTH TO THAT, THAT WE'RE AWARE OF.

THE DRIVING RANGE WAS WHEN IT WAS BUILT.

UM, THE TRAJECTORY OF THE RANGE HAS NOT CHANGED IT FROM ITS RENOVATION.

AND MANY YEARS AGO THERE WAS A REQUEST TO PUT UP NETS WAS, WHICH WAS TURNED DOWN BY THE RESIDENTS, AND INSTEAD WE INSTALLED AND, AND PLANTED A NUMBER OF POPLAR TREES.

AS TECHNOLOGY CHANGES, THE BALLS TRAVEL FURTHER.

THE CLUBS ARE DIFFERENT.

TECHNOLOGY IS MUCH DIFFERENT.

THE ATHLETICISM OF THE GOLFERS IS DIFFERENT.

SO THE BALLS ARE TRAVELING FURTHER.

AND THE LOCATION OF THE POLES IN THE NETS THAT WE'VE IDENTIFIED IS TO PROTECT THE PARKING AREA, WHICH IS OUTSIDE OF ONE 40, WHERE WE HAD ERR GOLF BALLS LEAVE THE PROPERTY AND LAND ON CARS IN THAT PARKING AREA.

SO, NO, THERE'S NO, THERE'S BEEN NO CHANGE SINCE THE RENOVATION OF THIS DRIVING RANGE MANY, MANY YEARS AGO TO THE TRAJECTORY OF, OF THE BALLS THAT WOULD SUDDENLY CAUSE THEM TO FURTHER, UM, YOU KNOW, BECOME ERRANT.

DAVE, THANK YOU.

YEAH.

UH, IT, UH, IT WAS VERY SIMILAR TO THOMAS.

FIRST JUST CONFIRMATION THAT IN THIS APPLICATION YOU'RE NOT DOING, MAKING ANY CHANGES TO THE DRIVING RANGE OR THE HOLE OR ANYTHING OF THAT SORT.

IS THAT CORRECT? WE'RE ONLY OPPOSING NETTING CORRECT.

OKAY.

CORRECT.

NUMBER TWO.

UH, UM, WHILE YOU GAVE AN ANSWER TO THE BEST OF YOUR KNOWLEDGE, UH, I'M WONDERING IF THE CLUB HAS PHOTOGRAPHS FROM 10, 15 YEARS BACK OF THE DRIVING RANGE, EITHER IN SOME OF ITS LITERATURE OR WHATEVER, THAT MIGHT BE HELPFUL IN CONFIRMING IT DOES NOT APPEAR THAT THERE'S BEEN A CHANGE IN THE DRIVING RANGE AND SOME, YOU KNOW, SOME, UM, WHEN, WHEN WAS IT RENOVATE? WHEN WAS THE, THE, UH, DRIVING RANGE RENOVATED BILL? UM, IT WAS BEFORE MY TIME, AND I STARTED AT THE CLUB IN 2006 AND SIX.

UH, MATT SINO IS ON THE CALL.

YEAH, I'M, I'M TRYING TO COME UP, I'M TRYING TO COME UP WITH IT.

TO MY RECOLLECTION IS ABOUT 10 YEARS AGO THAT CAME BEFORE THE PLANNING BOARD.

YEAH, NO, IT WAS, UM, I WAS IN 2006 AND NOTHING'S COME TO THE PLANNING BOARD BEFORE 2006.

THE,

[00:30:01]

THE ORIGINAL CHANGES WE MADE TO THE DRIVING RANGE WERE PRE 2000.

OKAY.

PRE 2000.

UH, YEAH.

OKAY.

ALRIGHT.

SO IT'S BEEN OKAY.

I, THAT'S MY RECOLLECTION.

I'VE SINCE 92 AND I, I WOULD SAY 2000 WOULD BE MY BEST GUESS AT IT.

OKAY.

WELL, EVEN IF IT'S 2006, IT'S, IT'S 16 YEARS AGO NOW, SO IT'S ANCIENT HISTORY.

IT'S BEEN UP, IT'S BEEN THIS WAY FOR 16 YEARS.

COULD YOU JUST, IS, IS IT EAST WEST OF, HOW DOES THE DRIVING RANGE, I'M JUST CURIOUS, WHAT IS THE TRAJECTORY OF THE DRIVING RANGE? IT RUNS NORTH TO SOUTH.

THOSE PROPERTIES THAT YOU SEE, UH, AT THE TOP OF THE SCREEN ARE THE EASTERN BOUNDARY.

SO THE T WOULD BE ON THE FAR RIGHT OF THE STREET SCREEN, THE T THE, THE T AR THE TEEING AREA, WHICH IS, WHICH IS STATIC.

WE DON'T MOVE FORWARD.

WE HIT OFF SYNTHETIC GRASS.

AND ONE PARTICULAR LOCATION ON THE FAR RIGHT OF THIS, THIS FO THERE, THERE IT IS.

THAT'S SOUTH TO NORTH.

THAT'S SOUTH TO NORTH, NOT NORTH TO SOUTH.

THAT'S SOUTH TO NORTH.

THAT IS CORRECT.

SO THIS, THIS TEEING AREA WHERE THE HAND IS, IS A STATIONARY AREA OF SYNTHETIC GRASS.

THE GOLFERS DO NOT MOVE FORWARD.

WE STAY AT ONE LOCATION AND WE HIT, UM, SOUTH TO NORTH.

OKAY.

UM, I THINK WHAT WE NEED TO DO NOW IS JUST GO OVER THE VARIANCES FOR BOTH, BOTH THE, BEFORE WE HAVE A LITTLE BIT MORE DISCUSSION, COULD WE JUST LIST THE VARIANCES FIRST FOR THE, THE, UH, BUBBLE AND THEN FOR THE, UM, NETTING? ABSOLUTELY.

SO FOR THE TENNIS ENCLOSURE, THERE IS A FRONT YARD VARIANCE REQUIRED.

200 FEET IS REQUIRED.

92.1 FEET IS PROPOSED.

SO YOU HAVE 107.9 FOOT VARIANCE REQUIRED.

OKAY.

SIDE YARD SETBACK.

25 FEET IS REQUIRED, SIX FEET IS PROPOSED.

AND THE HEIGHT OF THE STRUCTURE, WHICH IS NEEDED, UH, TO ALLOW FOR THE ARC OF THE BALL AND PLAY BACK AND FORTH IS, UH, 38 FEET PROPOSED AT THE PEAK WHILE 30 FEET IS PERMITTED.

OKAY.

ALRIGHT.

ON THE DRIVING RANGE, ONLY ONE VARIANCE IS REQUIRED, WHICH IS HIGH.

UH, 12 FEET IS PROPOSED 'CAUSE IT'S CONSIDERED AN ACCESSORY STRUCTURE, OR EXCUSE ME, 12 FEET IS PERMITTED BECAUSE IT'S CONSIDERED AN ACCESSORY STRUCTURE.

90 FEET ARE PROPOSED AT THE, UH, HIGHEST POINT FOR THE 16TH HOLE.

UH, 25 FOOT HEIGHT IS PROPOSED, 12 FEET PERMITTED, AND A 16 FOOT SIDE YARD IS REQUIRED.

BUT 3.4 FEET IS PROPOSED.

OKAY.

UM, WAS WHO DOES, WHERE ARE WE AT SEEKER IN THIS? AARON, UH, THE PLANNING, I'M SORRY, THE ZONING BOARD OF APPEALS DECLARED ITS INTENT TO SERVE AS LEAD AGENCY AND THAT WAS CIRCULATED.

UH, SO THAT WAS SOMETHING THAT WE WANTED TO DISCUSS THIS EVENING.

I KNOW YOU PERSONALLY DIDN'T HAVE AN OBJECTION, BUT THAT'S ULTIMATELY UP TO THE PLANNING BOARD.

DO WE NEED TO TAKE A VOTE ON THAT? YOU DON'T.

UH, I THINK YOU SHOULD.

IT MAKES SENSE.

OKAY.

UH, WHY DON'T WE GET THAT OUT OF THE WAY? I, YEAH, GO FOR IT.

UH, CAN I HAVE A MO A MOTION TO, UH, AGREE WITH THE Z B A OF BEING LEAD AGENCY ON THIS PROJECT? SO MOVE SECOND.

HAVE A SECOND.

SECOND MOTOR'S A SECOND.

ALMOST LESLIE, YOU'RE GONNA GET THERE.

OKAY.

JUST GOTTA BE A LITTLE QUICKER.

ALL IN FAVOR? AYE.

AYE.

ALL OPPOSED? AYE.

ABSTENTIONS NONE.

OKAY, SO, SO, WE'LL THAT'S OKAY.

NOW THE OTHER ONES, THERE'S NO REASON FOR PUBLIC HEARING ON ANY OF THIS FROM US, RIGHT? WE DO THIS NO, VIRTUALLY ALL THE, ALL THIS WITHOUT A PUBLIC HEARING, CORRECT? YOU'RE TALKING ABOUT THE, AT THE STAGE, YOU'RE TALKING ABOUT THE VARIANCES, RIGHT? I'M TALKING ABOUT, WELL, THE VARIANCES, THE RECCO TO THE ZONING BOARD.

UM, THE, WE HAVE A RECCO TO THE SITE PLAN RECCO, WHICH I'M NOT SURE I WANNA MAKE UNTIL WE HEAR FROM THE ZONING BOARD.

MM-HMM.

.

UM, AND THEN WE'VE GOT THE STEEP SLOPE, WHICH, UH, I'M NOT SURE WE, WELL, WE CAN'T DO IT UNTIL THE SECRET'S DONE ANYWAY.

RIGHT? RIGHT.

SO, AND THAT WOULD BE A PUBLIC HEARING? THAT WOULD BE A PUBLIC HEARING.

THAT'LL BE A PUBLIC HEARING.

OKAY.

SO I DON'T KNOW WHEN WE COULD SCHEDULE THE PUBLIC HEARING.

'CAUSE WE DON'T KNOW WHETHER THIS, WE DON'T KNOW WHEN THIS IS UP ON THE Z B A.

RIGHT.

WE, RIGHT.

WE WOULD NOT DO THAT AT THIS TIME.

WE WOULD WAIT TO SEE HOW THINGS PLAY OUT WITH THE ZONING BOARD AND THE TOWN BOARD.

OKAY.

WELL, GIVEN THAT THE ENVIRONMENTAL PERMIT WOULD BE LAST, GIVEN THAT THE ONLY THING I WOULD THINK IF, AND WE DON'T HAVE TO DO IT TONIGHT, UM, HOW DO PEOPLE FEEL ABOUT MAKING SOME KIND OF RECOMMENDATION TO THE ZONING BOARD ON THE VARIANCES? YEAH, WE SHOULD.

OKAY.

DO PEOPLE AGREE WITH THAT? YOU,

[00:35:01]

I THINK LET'S, LET'S WAIT.

IF THEY ARE THE LEAD AGENCY, WHY WE ARE JUMPING AHEAD OF THEM.

WE'RE NOT JUMPING AHEAD.

IT'S A RECOMMENDATION.

IT'S JUST A RECOMMENDATION.

WE'RE NOT, WE CAN'T A RECOMMENDATION OF WHAT CAN YOU EXPLAIN TO ME, UH, ON THEIR VARI ON THE VARIANCES THAT ARE GOING TO THEM? REMEMBER THE ONLY NEED WENT.

SO I, NEUTRAL OR NEGATIVE? YEAH.

I MEAN, I THINK I WILL SAY AT SEVEN NEUTRAL THEN YOU, I OKAY.

CAN I HAVE A MOTION TO THAT EFFECT? CORRECT.

OKAY.

I MAKE A MOTION THAT WE GIVE A NEUTRAL RECOMMENDATION.

OKAY.

DO I HAVE A SECOND TO, AND THAT'S FOR ALL VARIANCES, JUST TO BE CLEAR.

ARE ALL VARIANCES CORRECT? YEAH.

OKAY.

DO I HEAR A SECOND? SECOND.

SECOND.

OKAY.

WALTER, SECONDED IT ALL IN FAVOR OF CHRIS'S MOTION, SAY AYE.

AYE.

AYE.

AYE.

AYE.

ALL OPPOSED? OKAY.

NO ABSTENTIONS.

YOUR ABSTAINING.

ERIC, YOUR ABSTAINING.

AARON, YOU'RE ABSTAINING.

AARON NO.

A AFTER THERE ARE NO ABSTENTIONS.

I'D LIKE TO JUST ASK A QUESTION.

OKAY.

GO AHEAD.

JUST, UH, SHALL I MAKE A NOTE THAT, YOU KNOW, THE PLANNING BOARD WITH RESPECT TO THE AREA VARIANCES BELIEVES THAT THOSE ARE SOLELY MATTERS FOR THE ZONING BOARD TO YES.

HANDLE.

OKAY.

ABSOLUTELY.

I MEAN, I THINK THEY, THEY SEE THE FACT THAT THEY DECLARED THEMSELVES LEAD AGENCY MEANS THEY REALLY WANT TO CONTROL THIS MORE BECAUSE NORMALLY THEY DON'T DO THAT WHEN IT'S A JOINT KIND OF THING.

IT'S NORMALLY US, SO, OR THE TOWN BOARD.

SO I, I THINK IN THIS PARTICULAR CASE, IT'S, THIS IS REALLY THEIR, THEIR PURVIEW.

I, I THINK AND, AND WE SHOULD STAY OUT, OUT OF IT.

YEAH.

SO THAT'S GOOD.

UH, I DON'T THINK THERE'S ANY OTHER BUSINESS WE WE'RE GONNA TAKE CARE OF ON THIS TONIGHT.

I DON'T KNOW HOW WE CAN SCHEDULE ANYTHING ELSE UNTIL WE GET HERE FROM, UM, THE ZONING BOARD.

CORRECT.

SO MAY I, MAY I ASK A QUESTION, MR. CHAIRMAN, BECAUSE YES.

YOU'RE ALSO CONSIDERING A RECOMMENDATION TO THE TOWN BOARD AND I JUST WANNA MAKE SURE WE UNDERSTAND THE ANTICIPATED PROCESS GOING FORWARD.

I WHAT? I'M THINK IT'S A GOOD QUESTION, MR. ABEL.

MY OPINION IS, UNTIL WE HEAR BACK FROM THE ZONING BOARD, I DON'T WANNA OPINE TO THE TOWN BOARD.

THEY, NOTHING CAN, TOWN BOARD CAN'T DO ANYTHING ON THE SITE PLAN ANYWAY TILL THE ZONING, TILL, TILL YOU GO TO THE ZONING BOARD.

YOUR NEXT STEP IS TO THE ZONING BOARD.

AND FRANKLY, THE ZONING BOARD ONLY MEETS ONCE A MONTH.

SO THAT'S THE SCHEDULE YOU GOTTA GET ON ANYWAY.

OKAY.

AND GET THAT DONE.

WE, WE MEET EVERY TWO WEEKS, SO AS SOON AS WE KNOW IT'S SCHEDULED ON THE ZONING BOARD, WE CAN AT LEAST, WE MAY BE ABLE TO SCHEDULE ANOTHER, ANOTHER, UH, MEETING TO, TO, TO GET READY FOR THE RECOMMENDATION FROM, FROM THAT FOR, UH, THE, THE, THE SITE PLAN.

AARON AND MR. ABEL, YOU'RE ON FOR APRIL 28TH WITH THE ZONING BOARD, IS THAT CORRECT? IS OKAY.

SO YOU AN, YOU ANTICIPATE THE ZONING BOARD? I BOARD I GABE, HOLD ON A SECOND.

TO DECLARE THEMSELVES LEAD AGENCY AND CONTINUE MOVING FORWARD WITH THE PROJECT, GIVEN THE PLANNING BOARD'S RECOMMENDATION IN HAND.

THAT, THAT IS CERTAINLY OUR HOPE.

OKAY.

DAVE, DID YOU HAVE A YEAH, YOU MIGHT WANT TO, UH, OBVIOUSLY YOU CAN'T CHOOSE A DATE NOW, BUT ONCE YOU HEAR BACK, UH, FROM THE C B A AND IT'S READY FOR IT TO COME BACK TO THIS BOARD, YOU CAN, UM, CONSIDER EITHER HAVING IT IN A WORK SESSION ON THE RECOMMENDATION OR HAVE A PUBLIC HEARING.

UM, AND AT THAT POINT, AT THE END OF THE PUBLIC HEARING, YOU CAN MAKE A RECOMMENDATION OR WAIT, UM, UH, YOU KNOW, UH, WITH RESPECT TO, UM, THE SITE PLAN ASPECT AND, UH, THE, AND GO WITH THE, UM, I, I MEAN WE'VE HEARD, WE'VE HEARD IT TWICE IN WORK SESSION ALREADY.

I SEE NO REASON WHY AT THAT POINT WE CAN'T COMBINE THE PUBLIC HEARING IN THE WORK SESSION.

DAVE, THAT'S A GOOD IDEA.

MM-HMM.

, THAT'S WHAT WE'LL DO.

WE JUST CAN'T SIT MR. ABEL OR WE JUST CAN'T SET THAT DATE YET.

'CAUSE WE WE'RE REALLY KIND OF AT THE MERCY OF THE ZONING BOARD AND WHAT THEY DO.

IT DOES MAKE SENSE.

OKAY.

THIS DOESN MAKE SENSE.

MAY I ASK ONE, ONE QUESTION, WHICH IS YES, SIR, JUST TO THE SUBSTANCE OF THE APPLICATION, UH, BECAUSE WE'D HATE TO GO THROUGH A FULL SEEKER AND VARIANCE PROCESS AND COME BACK WITH VARIANCES HAND FOR WHAT YOU HAVE BEFORE YOU, AND THEN GET COMMENTS FROM YOUR BOARD SAYING, WE'D LIKE YOU TO CHANGE SOMETHING THAT MIGHT IMPACT THE VARIANCES.

I UNDERSTAND YOU DON'T FEEL THAT PROCEDURALLY YOU CAN TAKE ANY MORE FORMAL STEPS AT THIS JUNCTURE, BUT JUST SO WE KNOW THAT WE'RE ON THE RIGHT PATH, ARE WE HEADED IN A DIRECTION WHERE IF WE WERE TO COME BACK TO YOU WITH THIS AS PROPOSED AND THESE VARIANCES THAT WE COULD NOT HAVE TO GO BACK FOR A REVISED VARIANCE ? DAVE, DO YOU WANNA ANSWER? YEAH.

UM, DAVE, DO YOU WANNA RESPOND? PLEASE? I, I, I, I THINK THAT IS A GENERAL, THAT IT'D BE WHAT YOU GENERALLY, UH, EXPECT,

[00:40:01]

BUT THERE ARE, THERE CANNOT BE A GUARANTEE BY THIS BOARD ON THAT.

THERE HAVE BEEN TIMES WHERE THE Z B A HAS, UH, MODIFIED THINGS AND, UH, AND THE TOWN AND THE PLANNING BOARD HAS, YOU KNOW, THERE'S BEEN A LITTLE BIT OF A PINGING PONG.

UH, IT HAPPENS ON OCCASION, BUT THE PLANNING BOARD IS AWARE OF YOUR PLAN.

IF THE PLANNING BOARD, UH, YOU KNOW, HAD GRAVE CONCERNS, UM, I THINK THEY WOULD HAVE RAISED IT AT THIS POINT.

UH, THEY CERTAINLY STILL HAVE THAT OPPORTUNITY, UH, IF THEY GO BACK AND LOOK AT IT.

BUT I WOULD RECOMMEND IF THAT WERE TO HAPPEN THAT THEY DO THAT, UH, RIGHT AFTER THIS MEETING.

UH, BUT SINCE THEY'VE NOT, THEY'VE GIVEN A NEUTRAL RECOMMENDATION.

UM, I THINK YOU'RE IN PRETTY, UH, A SAFE HARBOR.

THANK YOU, DAVID.

MARY.

ALRIGHT, WELL THANK YOU VERY MUCH FOR, FOR THE PRESENTATION.

GOOD LUCK WITH THE ZONING BOARD AND UH, AARON, IS THERE ANYTHING ELSE ON THIS OR CAN WE MOVE ON? NOPE, WE'RE, WE'RE READY TO MOVE ON.

OKAY.

OKAY.

THANK YOU VERY MUCH.

HAVE A GOOD EVENING.

THANK YOU ALL.

YOU TOO.

HAVE A GOOD EVENING.

OKAY.

UM, THE NEXT ONE IS THE, UM, OUR FINDING STATEMENT FOR, UM, THE F A A S FOR ELMWOOD PRESERVE, UH, CASE TOWN BOARD 1802, WHICH IS, UM, A GIANT DOCUMENT WE'VE ALL BEEN PLAYING WITH FOR THE LAST TWO MONTHS.

UM, I JUST WANT, I DO WANNA MENTION, AND I'M NOT SURE EVERYBODY HAD A CHANCE TO READ IT TODAY, WE GOT A COPY OF A LETTER THAT WENT TO, UH, THE TOWN BOARD, UH, BASICALLY RECOMMENDING OPTION.

I, UH, EXCUSE ME.

ALTERNATIVE, I, I KEEP CALLING IT OPTION.

IT'S ALTERNATIVE.

I, UM, AND THE, THE ONE THING I DID WANNA MENTION IN THERE, ALRIGHT, YOU, THE LETTER, THE LETTER WAS FROM MR. STEINITZ.

IT, IT WAS FROM CO COUNSEL.

THANK YOU DI TOM FROM COUNSEL, UH, FOR THE APPLICANT.

UM, THINGS IN THERE, THERE WAS REALLY NO, UH, BIG SURPRISE.

IN FACT, THERE'S NOTHING IN THERE I THINK WOULD CHANGE OUR FINDINGS.

BUT I DID WANNA MENTION, 'CAUSE I THINK IT'S IMPORTANT TO MENTION, WE, WE HAVE IN OUR FINDINGS, AND EVERYBODY'S READ THE FINDINGS, I THINK A BUNCH OF TIMES IN OUR FINDINGS, WE HAVE MENTIONED THE TAX ISSUE, THE SIMPLE TAX ISSUE, AND IN FACT THAT THERE IS A RISK, UH, AND, UH, WHETHER OR NOT THAT CAN BE ENFORCED LONG TERM, IF THEY COULD CHANGE OVER FROM, FROM SIMPLE TAX TO CONDO, UH, DOWN THE ROAD.

UH, MR. TI STEINITZ, UH, ACTUALLY HAS A CASE, PUT A CASE INTO THAT LETTER.

IF YOU HADN'T READ THE LETTER THAT TALKS ABOUT A, UH, COURT OF APPEALS DECISION FROM 1985, WHICH SAYS THE TOWN DOES NOT HAVE THE RIGHT TO DETERMINE WHETHER IT'S A, A CONDO OR SIMPLE TAX.

AND IT'S PRETTY CLEAR IT SAYS THAT, HOW THAT IMPACTS THIS.

WE DON'T KNOW BECAUSE THE ACTUAL LAW THAT WE WROTE TO PREVENT THAT HAS NEVER BEEN TESTED.

OKAY? SO WE'RE REALLY IN THE SAME PLACE WE'VE BEEN FOR TWO MONTHS ON THAT.

I THINK THAT JUST CLARIFIED THAT IT, IT KIND OF UNDERSCORES AS A RISK, UH, MY OPINION AND IT'S OVER FOR DISCUSSION ON THIS, BUT MY OPINION IS, DOESN'T CHANGE WHAT OUR FINDING SHOULDN'T CHANGE OUR FINDINGS.

'CAUSE AT THE END OF THE DAY, WE'VE IDENTIFIED THE RISK AS BEING A RISK IN, IN OUR FINDINGS VERY CLEARLY.

BUT AT THE END OF THE DAY, WE'RE NOT THE TOWN BOARD.

OKAY? IT'S NOT OUR DECISION.

IT REALLY IS THE, UH, TOWN BOARD'S DECISION.

OUR JOB HERE IS TO OPINE FROM A PLANNING PERSPECTIVE, WHICH I THINK, FRANKLY, I THINK THAT DOCUMENT DOES AN OUTSTANDING JOB OF DOING THANKS TO EVERYBODY'S INPUT, BY THE WAY, IT WAS A TEAM EFFORT, OKAY.

TO GET TO WHERE WE ARE, WE WERE, AND THERE WAS A LOT OF WORK PUT IN BY EVERYBODY IN THE BOARD, EVERYBODY IN THE BOARD AND STAFF INPUTTED INTO THAT FINDING.

SO, UM, I'M OPEN TO ANY DISCUSSION, FRANKLY, I WOULD LOVE TO GET TO A VOTE ON THIS STORY QUICKLY.

I DON'T SEE MUCH REASON, UH, TO, TO GO ON.

BUT ANYBODY WANTS TO OPEN ANY DISCUSSION BEYOND THAT, DO IT NOW OR FOREVER.

HOLD YOUR PEACE.

, MONA, GO AHEAD.

I, I THINK I, I LOVE OUR FINDINGS, BUT I THINK WE HAVE TO OFFER IT WITH THE CAVEAT THAT, UM, THE SIMPLE FEE IS SOMETHING THAT THE TOWN BOARD HAS TO KEEP IN MIND, AND THAT AT THE END OF THE DAY, UM, THEIR DECISION IS GOING TO BE SOMEWHAT OF A POLITICAL ONE AT BEST.

AND THAT THEY'RE

[00:45:01]

GOING TO HAVE TO KEEP THAT PORTION IN MIND THAT, UM, THIS COULD BE OVERTURNED.

AND ACTUALLY IT'S IT, BUT MONA, IT ACTUALLY IS IN OUR FINDINGS.

LET ME READ THAT PARAGRAPH.

YES, IT IS IN OUR, IT IS IN OUR FINDINGS.

AND IT'S AN IMPORTANT ONE BECAUSE, YOU KNOW, I IT'S AN IMPORTANT ONE FOR EVERYONE IN THE TOWN, YOU KNOW, FOR MANY REASONS.

AND IT'S A KEY ONE.

HUGH, IT, IT'S A REALLY KEY ONE.

I, I DON'T DISAGREE WITH THAT, BUT I, AGAIN, IT'S, YOU KNOW, I DON'T KNOW IF WE GAVE IT ENOUGH IMPORTANCE TO OUR FINDING.

I THINK I PERSONALLY, LET ME READ THE PARAGRAPH TO EVERYBODY TO REFRESH YOUR MEMORY.

'CAUSE GO AHEAD.

OKAY.

I THINK, I THINK THAT WILL BE HELPFUL.

THE PROPOSAL TO MAKE ALTERNATIVE ONE UNITS TAXED AS A, AS SINGLE FAMILY UNITS RATHER THAN AS CONDOMINIUMS IS NOT WITHOUT RISK.

WHILE GREENBERG TOWN LAW 40 DASH 83 PROHIBITS CONVERSION OF THESE UNITS TO CONDOMINIUMS IN THE FUTURE, THIS LAW OR SIMILAR LAWS IN OTHER MUNICIPALITIES HAVE NOT YET BEEN TESTED IN THE COURTS AS SUCH.

THERE IS NO GUARANTEE THAT THIS TAX STRUCTURE WOULD BE UPHELD OF CHALLENGE IN THE FUTURE.

CONVERSION TO A CONDOMINIUM TAX BASE BASIS WOULD REVIEW OR WOULD REDUCE THE ANNUAL TAX REVENUE FROM APPROXIMATELY 1.5 MILLION TO A HUNDRED THOUSAND DOLLARS.

FROM A SECRET PERSPECTIVE, ALL OF THE ALTERNATIVES PROJECTS, INCLUDING THIS ONE, ARE TAX, ARE TAX POSITIVE MULTIPLIER.

THEREFORE, IT DOES NOT APPEAR THAT THERE WILL BE ANY NEGATIVE IMPACT TO ANY OF THE APPLICABLE TAXING JU JURISDICTIONS, INCLUDING THE TOWN.

THE TOWN BOARD SHOULD CONSIDER ANY RISK ASSOCIATED WITH THE TAXATION STRUCTURE IN ASSESSING ALTERNATIVE ONE AS AN OPTION.

I THINK THAT'S CRYSTAL CLEAR.

YEAH, THAT'S PLENTY.

YEAH.

UM, ALL RIGHT.

ETTE, I THINK OF, UH, I'M EXACTLY ON OTHER SIDE OF WHAT MONA IS SAYING.

THE RISK OF NOT DOING IS EQUALLY, UH, GREAT, BECAUSE YOU LOSE THAT REVENUE.

IF THIS PIECE OF PROPERTY REMAINS IN, IN WHATEVER THE WAY IS GOING TO BE, IT'S GONNA BE A BIGGER RISK OF LOSING A LOT OF VOLUTION.

SO I THINK WE KIND OF FIND A, AND I, I, I AGREE WITH YOU, WE KIND OF REALLY CHARTED MIDDLE GROUND TELLING THAT RISK.

BUT, UH, IT, IT'S, IT'S VERY, UH, VERY OBVIOUS THAT, UH, THERE IS A RISK OF NOT DOING ANYTHING IS EQUALLY, UH, DETRIMENT TO THE TOWN'S FINANCIAL, UH, GAIN OR LOSS.

AND EVEN THE HOUSES, AS YOU POINTED OUT VERY WELL, COR, AND WHAT THE PARAGRAPH YOU HELPED, RIGHT? GIVEN THE TRENDS WITH, WITH SINGLE FAMILY HOUSES, THERE IS A RISK THAT THEY MAY NEVER BE BUILT AND YOU END UP WITH A WHOLE BUNCH OF, UH, OF, UH, OF EMPTY LAND BECAUSE THE MARKET MAY NOT BE THERE FOR THOSE HOUSES, WHICH AGAIN, WE POINTED OUT IN OUR FINDINGS.

WALTER, YOUR, YOUR, YOUR HAND UP.

YEAH, I JUST WANTED TO INDICATE THE ISSUE WAS, UH, DOES, UH, MR. STEINMAN'S LETTER HAVE TO, SHOULD CHANGE ANY OF OUR FINDINGS? I SAY NO, BECAUSE BASICALLY IT SAYS THE SAME THING MR. STEINMAN WENT AND GET, UH, HE ELABORATED ON IT, BUT IT'S THE SAME THING THAT THAT LAW IS UNTESTED, AND THAT'S WHAT WE SAID THAT LAW IS.

UH, WHEREAS WE PREFER, UH, THE TRUSTED HOUSING, BUT WE ALSO ADD FOR ALL THE BENEFITS THAT'S OUTLINED, BUT WE ALSO CLEARLY IDENTIFY IT AS YOU JUST READ, THERE IS A, UH, UM, UH, A, A LEGAL RISK.

AND SO I THINK IT'S BEEN CLEARLY ARTICULATED AND RECOGNIZED.

WE RECOGNIZED THE POINT THAT WAS MADE, BUT WE CLEARLY ARTICULATED THAT.

SO I THINK, UH, UH, WE SHOULD JUST AT THIS POINT JUST, UH, UH, MOVED TO APPROVE IT BECAUSE I THINK IT COVERS ALL THE AVENUES THAT AS YOU AS THE CHAIR POINT OUT, THAT EVERYBODY HAD AN OPPORTUNITY TO OPINE ON THIS.

I WENT FROM A VERY EXCELLENT DRAFT BY THE CHAIRMAN, AND THEN WE ADDED AND ADDED AND TWISTED AND, AND TO COME UP WITH THE, UH, SUBSTANTIAL DOCUMENT THAT WE HAVE IN FRONT OF US TODAY.

SO WITH THAT SAID, I WOULD MOVE, NOT UNLESS UH, ANYONE ELSE HAVE SOMETHING TO SAY, MY INTENT IS NOT TO CUT OFF CONVERSATION,

[00:50:02]

BUT UNLESS SOMEONE HAS SOMETHING ELSE TO SAY, I MOVE THAT WE APPROVE OUR, UH, DRAFT RECOMMENDATION TO THE TOWN BOARD.

I HAVE A SECOND.

TOM.

SECONDS.

ALL IN FAVOR? AYE.

AYE.

AYE.

AYE.

ALL.

IS THAT A RELUCTANT? AYE.

IS THAT A LITTLE AYE.

WITH A DOT.

LITTLE LIE WITH A DOT.

OKAY.

WELL, WE GOT YOUR POINTS IN MONA.

IT'S IN THERE.

WE GOT YOUR POINTS.

ANYBODY OPPOSED? ABSTENTIONS.

OKAY.

CARRIE'S.

DAVE.

UM, WHAT ABOUT NEXT, NEXT STEPS? YOU, YOU, I THINK HAD A COUPLE COMMENTS YOU WANTED TO MAKE OUR NEXT STEPS? UH, YES.

SO, UM, THIS, THIS IS THE SECRET PORTION OF IT.

UH, AS THE BOARD KNOWS, WE WERE ALSO, THE TOWN BOARD ALSO REFERRED A ZONING CHANGE TO THE PLANNING BOARD, UH, AT SOME POINT.

UM, IT DOES NOT HAVE TO BE TONIGHT AT SOME POINT, ASSUMING, UH, THE PROCESS MOVES FORWARD, THE PLANNING BOARD NEEDS TO GO BACK TO THE TOWN BOARD AND GIVE ITS RECOMMENDATION, UM, WITH RESPECT TO THE, THE, THE DUAL ZONING CHANGE, THE PUD AND THE UP ZONE ASPECT OF IT.

UH, IT DOES NOT HAVE TO BE DONE TONIGHT THOUGH.

OKAY.

THANKS DAVE.

TWO OTHER, ACTUALLY THERE TWO OTHER HOUSEKEEPING ITEMS WITH THIS COUPLE OF THINGS THAT WE'VE UNCOVERED IN THE FINDINGS.

ONE IS A GLITCH, WHAT WE THINK WAS A GLITCH, BUT, UH, NEEDS TO BE REPAIRED ANYWAY ON THE AFFORDABLE HOUSING, UH, ASPECT LAW THAT WE HAVE IN THE TOWN.

UM, I THINK THERE'S BEEN A LOT OF PASSION ABOUT THE NEED FOR AFFORDABLE HOUSING.

UH, FIRST OF ALL, EXPANDING, UH, THE REQUIREMENT FOR A HOLDBACK TO RESIDENTIAL AND SINGLE FAMILY, UH, AS BEING ONE OF THE OPTIONS THERE.

UH, AS WE KNOW, WE'RE THOUSANDS SHORT AND AFFORDABLE HOUSING IN WESTCHESTER, A HUNDRED SHORT IN GREENBURG.

AND, UM, THESE HOLDBACKS ARE HELPFUL, BUT NOT ENOUGH.

I'D LIKE TO, IF THE TOWN BOARD WOULD ENTERTAIN THIS, DRAFT A LETTER ON BEHALF OF THE PLANNING BOARD THAT A CITIZENS COMMITTEE BE ESTABLISHED, UH, TO INVESTIGATE ALTERNATIVES TO CREATE AFFORDABLE HOUSING.

SO I WAS PLANNING ON DRAFTING THAT AND PRESENTING IT IF, IF, UNLESS THERE'S SO NO, HERE, YOU CAN'T WRITE, DON'T YOU DO IT? OKAY.

SO THAT WAS MY PLAN.

THE SECOND ONE, UM, IS ALSO NEAR AND DEAR TO OUR HEART.

WE ALSO UNCOVERED SOMETHING ELSE THAT I'M VERY PROUD THAT WE PUT INTO THIS FINDING STATEMENT, WHICH WAS LOOKING AT MAKING, UM, FACILITY, UH, DEVELOPMENTS LIKE THIS, UH, FROM AN ENERGY, UH, POINT OF VIEW, AT LEAST PARTIALLY SELF-SUSTAINING.

UH, WE HAVEN'T SEEN THE DETAILS OF THIS PROJECT YET, BUT WE DID PUT THAT IN AND SAY THAT SHOULD BE ADDRESSED.

THE NEED FOR RENEWABLE ENERGY IN GETTING AWAY FROM FOSSIL FUELS IS ACCELERATING EVERY DAY.

UM, THERE ARE MORE AND MORE OF THESE, UH, OF ELECTRIC CARS ON THE ROAD, UM, WITH WHERE WE'RE GONNA GET THE ELECTRICITY FOR THEM RIGHT NOW.

I HAVE NO IDEA.

AS WE'RE SHUTTING DOWN THE NUCLEAR POWER PLANTS, THERE ARE, UM, WESLEY TOLD ME YESTERDAY MORNING THAT THERE IS A, UH, THERE IS A WHOLE INITIATIVE FOR PUTTING IN HEAT PUMPS REPLACING, UH, FOSSIL FUEL ENERGY FOR HEATING.

UM, THAT AGAIN, IS A DRAW ON THE ELECTRICAL GRID.

SO WE, AND WE HAVE THE ISSUE OF WHERE THE HECK TO PUT THESE CHARGING STATIONS, WHAT TO DO WITH THINGS LIKE, WELL, MONA, I KNOW YOU'VE JUST GOT A LONG EXTENSION CORD FROM YOUR HOUSE.

IT GOES ABOUT 1200 MILES .

BUT, UM, THE, WE ALSO, YOU KNOW, HAVE ISSUES LIKE THE, THE FUEL CELL ISSUE COMING UP.

WE ALREADY FIXED THE, WE BELIEVE THE BATTERY STORAGE PART OF IT WE HAVE TO DEAL WITH, WITH WIND FARMS AND SOLAR FARMS. NONE OF THAT IS BEING, IS WELL ADDRESSED IN OUR CODE TO THAT EFFECT.

I WANNA ALSO RECOMMEND FROM THIS BOARD TO THE TOWN BOARD THAT ANOTHER CITIZENS COMMITTEE BE, UH, ESTABLISHED ON, UH, ALTERNATE ENERGY SOURCES, INCLUDING THINGS LIKE CHARGING STATION STATIONS AND THAT, UM, I WILL DRAFT THOSE TWO LETTERS.

I'LL CIRCULATE THEM FOR THE APPROVAL OF THE TOWN OF THE PLANNING BOARD, AND ALSO BE ASKING FOR VOLUNTEERS FOR THOSE TWO COMMITTEES.

I'D LIKE AT LEAST TWO PEOPLE FROM, FROM THE PLANNING BOARD TO BE ON EACH OF THOSE COMMITTEES.

OKAY.

YOU DO, UH, WOULD YOU LIKE, UH, FOR THEM JUST TO VOTE TO, TO HAVE YOU TAKE THAT INITIATIVE THIS WAY YOU CAN GET THIS OUT IN BETWEEN YOU.

I DON'T KNOW.

THAT MAY BE A VOTE OF LACK OF CONFIDENCE EVERY DAY, BUT YEAH, SURE.

.

CAN SOMEBODY MAKE THAT MOTION? I MAKE A MOTION.

I MAKE A MOTION THAT,

[00:55:01]

UH, THE CHAIR DRAFT THESE TWO, UH, LETTERS.

ONE, UH, UH, ONE ON ENERGY AND ONE ON AFFORDABLE HOUSING, UH, UH, FOR, UH, CONSIDERATION BY THE TOWN BOARD.

DO I HEAR A SECOND? I'D SECOND CURT SECONDS IT.

AND I'LL JUST MAKE THE AMENDMENT THAT TOM NEEDS TO BE MY EDITOR.

HE DID AN INCREDIBLE JOB OF IMPROVING MY ENGLISH AND IMPROVING THE FINDINGS.

SO, UH, ALL IN FAVOR? AYE.

AYE.

AYE.

ALL OPPOSED? I'M TAKING NAMES.

WHO'S A OPPOSED ? IT PASSES.

OKAY.

UM, WE'RE GONNA GO ON A PUBLIC HEARING.

MR. STEIN, THANK YOU VERY MUCH.

THANK YOU ALL FOR TAKING ACTION TONIGHT.

WE'LL SEE YOU LATER ON IN THE EVENING.

WE'LL SEE.

YES, WE WILL.

OKAY.

ALL RIGHT.

UM, IS OUR, UH, OH, THERE.

HI, BARBARA.

HI, BARBARA.

OKAY.

HI EVERYONE.

HI, BARBARA.

TELL ME WHEN YOU'RE READY.

EVERYTHING.

PENCIL SHARPENED AND READY TO GO.

READY TO GO? OKAY.

YEP.

AARON, ARE WE READY TO GO INTO A PUBLIC HEARING? YES, SIR.

OKAY.

WE'RE RUNNING ABOUT ROLL.

YEAH.

UM, WELL, LET, LET ME ANNOUNCE THE PUBLIC HEARING.

FIRST THING CALLED THE ROLE.

UM, BY THE WAY, WE'RE ABOUT ON TIME IS WHERE WE ARE RIGHT NOW.

UM, GOOD EVENING AGAIN, LADIES AND GENTLEMEN, WE'RE GOING TO THE PUBLIC HEARING PORTION OF OUR, UH, MEETING TONIGHT.

WE HAVE ONE CASE ON FOR HEARING.

UM, MR. SCHMIDT IS, YES, MR. SCHMIDT, COULD YOU CALL THE ROLE CHAIRPERSON SCHWARTZ? PRESENT MR. HAY? HERE.

MR. SIMON? HERE.

MR. DESAI? HERE.

MS. F*G.

HERE.

MS. DAVIS.

HERE NOTE FOR THE RECORD THAT MR. GOLDEN AND MR. SNAGS ARE NOT PRESENT THIS EVENING.

AND AS A RESULT, MS. DAVIS IS A VOTING MEMBER OF THE BOARD TONIGHT.

TONIGHT.

AND ONE OF THESE DAYS, SHE'S GONNA ACTUALLY BE ABLE TO SECOND THE MOTION OR ACTUALLY MAKE THE MOTION HERSELF.

YOU'LL GET THERE.

TAKES A WHILE.

OKAY.

WE HAVE ONE CASE ON FOR TONIGHT.

UH, IT'S PB AT 20 DASH 28.

THAT'S THE HACKLEY SCHOOL AT 2 93 BENEDICT AVENUE.

IT'S FOR A STEEP SLOPE PERMIT.

UM, DO YOU WANT TO JUST, UH, GIVE A BRIEF INTRODUCTION, AARON, AND THEN WE'LL TURN IT OVER TO PRIME MISSES.

IS, IS THAT CORRECT? SURE.

YES.

SO AGAIN, AS CHAIRPERSON SCHWARZ INDICATED CASE NUMBER PB 20 DASH 28 HACKLEY SCHOOL AT 2 93 BENEDICT AVENUE, P O TERRYTOWN IN THE R 41 FAMILY RESIDENCE DISTRICT, THE APPLICANT SEEKS A PLANNING BOARD STEEP SLOPE APPROVAL IN CONNECTION WITH A PROJECT INVOLVING THE PROPOSED CONSTRUCTION OF A NEW ART CENTER BUILDING WITH RELATED PARKING AND INFRASTRUCTURE.

THE APPLICANT IMPOSES APPROXIMATELY 2,330 SQUARE FEET OF DISTURBANCE TO 25 TO 35% SLOPES KNOWN AS VERY STEEP SLOPES IN OUR CODE.

AND 14,803 SQUARE FEET OF DISTURBANCE TO 35% AND GREATER SLOPES KNOWN AS EXCESSIVELY STEEP SLOPES IN OUR CODE.

THE PROJECT REQUIRES APPROXIMATELY 28,100 CUBIC YARDS OF EXCAVATION AND 16,900 CUBIC YARDS OF IMPORTED FILL REQUIRING A FILL PERMIT FROM THE TOWN ENGINEER.

THE PROJECT, WHICH WAS, UH, WHICH PREVIOUSLY WAS DISCUSSED IN WORK SESSION BY THIS BOARD ON JUNE 16TH AND JULY 7TH, 2021, REQUIRES AMENDED SITE PLAN AND TREE REMOVAL PERMIT APPROVALS FROM THE TOWN BOARD UNDER RELATED CASE NUMBER TB 20 DASH 11.

THE TOWN BOARD HELD AND CLOSED ITS PUBLIC HEARING ON MARCH 23RD, 2022.

THE APPLICANT'S REPRESENTATIVES ARE PRESENT THIS EVENING TO FURTHER DETAIL THE PROJECT AND TO ANSWER ANY QUESTIONS OF THE BOARD MEMBERS OR MEMBERS OF THE PUBLIC.

I'LL TURN THINGS OVER TO MS. AT THIS TIME.

THANK YOU, DEPUTY COMMISSIONER AND GOOD EVENING CHAIRMAN AND MEMBERS OF THE BOARD.

GOOD.

MY NAME SPEAK JANET GARRIS.

CAN YOU HEAR ME, JANET? YEAH.

COULD YOU SPEAK A LITTLE CLO A LITTLE LOUDER, MS. GARRIS? I CAN TRY.

UM, THAT'S BETTER.

OKAY.

UM, SO ONCE AGAIN, FOR THE RECORD, MY NAME IS JANET GARRIS.

I'M A PARTNER WITH DELBELLO DANNEL WEINERT AND WISE WHITAKER.

I HAVE THE PLEASURE THIS EVENING OF BEING HERE ON BEHALF OF HACKLEY SCHOOL IN CONNECTION WITH, UH, THEIR APPLICATION FOR A STEEP SLOPE PERMIT.

JOINING ME THIS EVENING, MIKE YOUNGINS, OUR PROJECT ENGINEER FROM KIMLEY HORN AND PETER MCANDREW AND BOBBY ALDRIDGE FROM, UH, HACKLEY SCHOOL ARE HERE AS WELL.

UM, I KNOW THAT YOU'RE FAMILIAR WITH THE PROPERTY AND THE PROJECT AS, UH, THE

[01:00:01]

DEPUTY COMMISSIONER MENTIONED.

WE'VE BEEN BEFORE YOU A NUMBER OF TIMES IN CONNECTION WITH THIS PROJECT.

UH, SINCE WE WERE LAST BEFORE YOU, WE HAVE BEEN WORKING CONSISTENTLY THROUGH THE APPROVALS PROCESS WITH BOTH THE TOWN BOARD, UH, OF THE TOWN, AS WELL AS THE, UH, PLANNING BOARD OF THE VILLAGE.

UM, AND SO, UH, MIKE HAS A, A PLAN THAT HE CAN SHOW YOU, UH, BUT WE ARE SEEKING FROM THIS BOARD A STEEP SLOPES PERMIT IN CONNECTION WITH THE CONSTRUCTION OF THE NEW, UM, UH, C C A T CREATIVE, UM, CENTER FOR CREATIVE ARTS AND TECHNOLOGY, UM, ON THE PROPERTY AT HACKLEY, WHICH IS THE LAST PIECE OF THE, UH, MASTER PLAN, WHICH WAS APPROVED, UH, BY THE TOWN BACK IN 2003.

SO, YOU KNOW, I KNOW YOU'RE FAMILIAR WITH THE PROPERTY BECAUSE WE'VE BEEN BEFORE YOU A NUMBER OF TIMES SINCE 2003 FOR EACH OF THE VARIOUS COMPONENTS OF THE MASTER PLAN.

UM, SO, UH, JUST TO REFRESH YOUR RECOLLECTION, THIS, THIS, UH, CREATIVE, UH, CENTER FOR CREATIVE ARTS AND TECHNOLOGY, UH, IS INTENDED TO REPLACE THE EXISTING, UM, PERFORMING ARTS CENTER ON THE PROPERTY, AS WELL AS THE EXISTING ZKO GYMNASIUM.

THE BUILDING ITSELF IS LOCATED, UH, IN THE TOWN OF GREENBURG.

THE MUNICIPAL BOUNDARY GOES THROUGH THE PROPERTY.

THE PARKING AND INFRASTRUCTURE PORTION OF THIS PROJECT ARE ACTUALLY LOCATED WITHIN THE VILLAGE OF TERRYTOWN.

UM, AND IN CONNECTION WITH THE CONSTRUCTION OF THE PROJECT, WHICH IS PROPOSED ON AN APPROXIMATELY FOUR AND A HALF ACRE PORTION OF THE PROPERTY, UM, THERE ARE EXCESSIVELY STEEP SLOPES, UH, STEEP SLOPES AND VERY STEEP SLOPES.

UM, THE DISTURBANCE THAT WE'RE PROPOSING OF THOSE SLOPED AREAS IS PRIMARILY TO A PORTION OF THE PROPERTY WHICH HAS BEEN PREVIOUSLY DISTURBED.

SO THERE'S ONLY A VERY SMALL PORTION OF WHAT'S BEING PROPOSED, UH, TO BE DISTURBED, WHICH WAS PREVIOUSLY UNDISTURBED.

UM, SO IN CONNECTION WITH, UH, THE APPLICATIONS, AS AARON MENTIONED, THAT WE HAVE BEFORE THE TOWN BOARD, AN APPLICATION FOR AMENDED SITE PLAN APPROVAL, AND A TREE REMOVAL PERMIT.

WE ALSO HAVE APPLICATIONS, UH, WITH THE VILLAGE OF TARRYTOWN, UH, PLANNING BOARD, AS WELL AS THE VILLAGE OF TARRYTOWN, UH, BOARD OF TRUSTEES.

SO, I KNOW YOU HAVE A, A BUSY AGENDA TONIGHT.

I DON'T WANNA TAKE UP TOO MUCH OF YOUR TIME.

I KNOW THAT YOU'VE SEEN THIS BEFORE AND YOU'RE FAMILIAR WITH IT.

UH, WE ARE NOW AT THE POINT WITH THIS BOARD WHERE OBVIOUSLY THIS IS THE PUBLIC HEARING IN CONNECTION WITH THE STEEP SLOPES PERMIT THAT WE PRESENTED TO YOU, UH, BACK IN JUNE AND JULY.

THE PROJECT ITSELF HASN'T PARTICULARLY CHANGED SINCE THAT TIME.

UH, ONE OF THE THINGS THAT TOOK A PARTICULARLY LONG TIME TO GET BACK TO YOU HAD TO DO WITH, UH, WATER ON THE PROPERTY.

WE WERE PROPOSING AT ONE POINT TO SWITCH FROM VILLAGE OF TARRYTOWN WATER TO TOWN OF GREENBURG WATER, BUT BECAUSE OF SOME DIFFICULTIES WITH THE COUNTY AND REGULATIONS WITH THE COUNTY, THAT, UH, THAT IDEA, UM, HAS BEEN ABANDONED.

AND WE ARE STAYING WITH WATER IN TARRYTOWN AND TO ACCOMMODATE, UH, SOME OF THE, THE CHANGES THAT TARRYTOWN HAS ASKED FOR.

UH, WE'RE LOOKING TO PUT A, A WATER TANK IN THE VILLAGE OF TARRYTOWN THAT DOESN'T NECESSARILY AFFECT THIS PROPOSAL OR THE PLAN THAT YOU HAVE BEFORE YOU, UM, THE PLAN THAT YOU HAVE BEFORE YOU HASN'T REALLY CHANGED SINCE WE WERE BEFORE YOU IN JULY.

BUT FOR THE ADDITION OF THAT WATER TANK, WHICH WAS IN, IS IN THE VILLAGE AND DOESN'T AFFECT THE GREENBERG PORTION OF THE APPLICATIONS.

SO, UM, THANK YOU FOR ACCOMMODATING ME, MIKE.

I DON'T WANNA, UH, TALK ANY LONGER.

I WANT YOU TO PRESENT THE PLAN WITH, UH, WITH THE SLOPES ON IT, JUST TO SHOW THE BOARD, UH, REFRESH THEIR RECOLLECTION AS TO THE PROPOSED SLOPES DISTURBANCE IN CONNECTION WITH THE, UH, C C A T.

ALRIGHT.

UH, LET ME JUST GIVE A, UH, QUICK OVERVIEW HERE.

LET ME KNOW IF EVERYBODY CAN SEE THAT.

YEP.

OKAY.

UM, THIS IS THE STEEP SLOPES PEN, WHICH WAS SUBMITTED AS PART OF THE APPLICATION.

UM, THE SHADES SHOW, THE DIFFERENT, UM, UH, PORTIONS OF SLOPE.

UM, AS UH MENTIONED, THIS IS THE, UH, UH, THE TOWN AND VILLAGE LINE THAT GOES THROUGH THE MIDDLE OF THE SITE.

UH, THE PROPOSED ARTS BUILDING THAT'S GOING IN IS GOING TO BE RIGHT HERE WITHIN THE GREENBERG PORTION.

UM, THE STEEP SLOPE, UH, DISTURBANCE IN THE TARRYTOWN PORTION IS MAINLY GONNA BE THE DEMOLITION OF THE EXISTING GYMNASIUM AND THEN THE CONSTRUCTION OF THE PARKING LOTS.

UM, IF WE MOVE INTO THE, THE STEEP SLOPE IN THE AREA OF, UH, GREENBURG AND GET A LITTLE BETTER VIEW, WHAT THIS SHOWS IS THE STEEP SLOPE DISTURBANCE

[01:05:01]

THAT ARE PROPOSED OVERLAID ON THE EXISTING TO GET A FEEL FOR WHERE WE'RE EXPANDING OVER WHAT'S THERE TODAY IN THE MIDDLE.

THIS CORE AREA IS ACTUALLY STEEP SLOPE DISTURBANCE THAT EXISTS TODAY, WHICH RESULTED PREVIOUSLY FROM THE CONSTRUCTION OF THE ARTS BUILDING IS THERE TODAY, AS WELL AS THE PREVIOUS POOL STRUCTURE THAT USED TO BE TO THE EAST HERE TO CONSTRUCT A NEW BUILDING.

WE'RE EXPANDING THAT BY JUST PUSHING THE ENVELOPE OUT A LITTLE BIT TO ALLOW US TO GET, UM, UH, UH, UH, WORK WITH THE GRADE.

AS YOU'VE SEEN THE PLAN.

IT'S GOT A, A WALKWAY THAT RUNS DOWN THE ONE SIDE, AND THAT'S GOING TO CAUSE A LITTLE BIT OF ADDITIONAL DISTURBANCE TO GET THAT TO FIT INTO THE, THE VERY, UH, UH, MOVING TERRAIN OUT THERE.

SO IT, IT IS JUST AN EXPANSION ON THAT LEVEL OF STEEP SLOPE THAT ALREADY EXISTS TODAY.

DOES ANY, ANYBODY HAVE ANY QUESTIONS ON THAT? ANY QUESTIONS FROM THE BOARD FOR THIS OR ANYTHING ELSE TO DO WITH THE PROJECT? WALTER WOULD SEE YOUR HAND UP.

OH, I GUESS NOT.

NO QUESTIONS.

OKAY.

LET'S ADD, DO WE HAVE ANYBODY FROM THE PUBLIC? AARON? OH, OH, YEAH.

I HAD, I WAS ON MUTE.

OH, I'M SORRY.

UH, COULD YOU JUST REFRESH MY MEMORY? I KNOW WHEN WE TOOK A SITE WALK, UH, MONA FRY TAG POINTED OUT THE HANDICAP ACCESSIBILITY FROM ONE LEVEL TO THE NEXT LEVEL, AND IT WAS A VERY LONG ROUTE THAT A HANDICAPPED PERSON WOULD HAVE TO TAKE.

AND AT THE TIME, IF IT WAS TOLD THAT YOU WOULD TAKE A LOOK AT IT AND SEE IF YOU COULD MAKE AN ADJUSTMENT.

OH, WE DID.

WE DID.

OKAY.

UH, SINCE WE MET THAT TIME, WE'VE ACTUALLY MOVED THE HANDICAPPED SPACES, AND THIS IS IN THE, THE CURRENT SUBMISSION.

WE ZOOM IN ON THAT JUST TO, JUST TO CLARIFY.

YES.

AND, UH, MR. SIMON, I DID FOLLOW UP WITH COMMISSIONER DUQUE ON THAT, AND HE ADVISED ME THAT IN CONNECTION WITH THE APPLICANT MOVING FORWARD WITH ITS TOWN BOARD, UH, PROJECT AND APPLICATIONS, THAT IT DID MAKE THE ADJUSTMENT.

SO I'M HAPPY YOU BROUGHT IT UP.

AND, UH, MR. YOUNGINS, THANK YOU FOR RUNNING IT THROUGH THIS WITH US.

YEAH.

JUST TO CLARIFY, PREVIOUSLY THE HANDICAP SPACES WERE LOCATED HERE ON THIS LOWER LOT, AND THERE WAS A SWITCHBACK RAMP THAT GOT YOU UP TO THE GRADE OF THE ROAD BETWEEN THE BUILDING AND THE PARKING, AND THEN YOU HAD TO GO ACROSS INTO THE ENTRANCE.

UH, SINCE THAT REQUEST, WE MOVED THE HANDICAP PARKING UP ONTO THAT, UH, MIDDLE ROAD TO GIVE IT A MUCH SHORTER ROUTE RIGHT INTO THE BUILDING HERE.

SO IT'S, UH, MUCH IMPROVED OVER THE PREVIOUS PLAN.

OKAY.

ANY OTHER QUESTIONS FROM THE BOARD? OKAY.

MS. DE SCHMIDT, ANYBODY FROM THE PUBLIC WANNA SPEAK ON THIS? THERE WAS, I'M JUST GONNA TAKE DOWN THE APPLICANT'S SHARE SCREEN.

THERE WAS ONE INDIVIDUAL FROM THE PUBLIC, UH, IT LOOKS LIKE MS. F*G HAS A QUESTION.

FIRST.

MON, GO AHEAD.

CAN I, CAN I ASK A QUESTION? CAN YOU PUT THAT, UM, THE PREVIOUS DIAGRAM BACK UP AGAIN? YEAH, SURE.

ALL RIGHT.

IS THERE A WAY TO STILL DRIVE RIGHT UP TO THE OH, YEAH.

FRONT THERE STILL? YEAH, WE LEFT THE DROP OFF.

IT'S STILL THERE.

OKAY.

SO YEAH, NO, IF SOMEBODY, IF THEY WANTED TO, YOU COULD PULL RIGHT UP AND THEY COULD WALK DIRECTLY IN, IT WOULD BE EVEN MORE CONVENIENT IF AN AN ELDERLY PERSON OR SOMETHING OF THAT SUCH.

OKAY.

AND THEN THERE'S STILL THE FOUR HANDICAP, FOUR HANDICAPPED PARKING SPOTS THERE, OR THREE HANDICAPPED PARKING SPOTS THERE? THAT'S CORRECT.

OKAY.

ALL RIGHT.

THANK YOU.

I JUST WANTED TO MAKE SURE THERE WAS STILL A DROP OFF SPOT IN ADDITION TO THOSE, UM, FEW HANDICAP SPOTS, AND THEY STILL HAVE THE HANDICAPPED PARKING BELOW, OR THOSE ARE THE ONLY THREE HANDICAPPED SPOTS? NO, THEY GOT RELOCATED UP.

IT'S THE SAME NUMBER.

WE JUST MOVED THEM FROM THE LOWER LOT UP TO THE ROAD.

SO YOU ONLY HAVE THREE HANDICAPPED PARKING SPOTS? NO, THERE, THERE ARE FOUR SPOTS THERE.

THERE ARE FOUR HANDICAPPED PARKING SPOTS.

MM-HMM.

.

AND HOW MANY TOTAL PARKING SPOTS DO YOU HAVE? WELL, UH, THERE ARE 56 ADDITIONAL ASSOCIATED WITH THIS PROJECT, BUT THERE ARE OVER 800 ON THE SITE AS A WHOLE.

AND, UH, THE SPACES ARE PLACED BASED ON THE NEED IN EACH LOCATION.

SO THE NUMBER .

SO FOR 800 PARKING SPOTS, YOU'RE ONLY REQUIRED TO HAVE THREE HANDICAPPED PARKING SPOTS? NO, NO, THAT'S, THAT'S THE SITE AS A WHOLE.

UM, WE HAVE HANDICAP ALL OVER THE CAMPUS.

THESE ARE PLACED HERE BECAUSE THIS IS THE NUMBER REQUIRED FOR A FACILITY OF THIS SIZE.

AND EACH BUILDING THROUGHOUT THE CAMPUS HAS BA UH, HANDICAP SPACES ADJACENT TO THOSE USES.

HOW MANY, UM,

[01:10:01]

THE, THE ART CENTER, DOES IT HAVE SEATING FOR PERFORMANCES? UH, YES IT DOES.

AND WHEN THERE'S A PERFORMANCE, HOW MANY DOES IT SEAT? UH, I CAN'T ANSWER THAT QUESTION.

OKAY.

THANK YOU.

MR. MR. MCANDREW, DO YOU HAPPEN TO KNOW THAT? I THINK IT'S FIVE 20, SO YOU CAN SEAT 520 PEOPLE FOR PERFORMANCE.

AND YOU HAVE THREE HANDICAP SPOTS? I BELIEVE IT'S FOUR.

JUST FOR THE RECORD AGAIN, IT'S FOUR.

WELL, OKAY.

THANK YOU.

THIS WAS A WHOLE, YEAH, THIS IS A WHOLE OPERATIONAL ISSUE, MAINLY THE, THE NUMBERS FOR THE ONSITE PEOPLE.

OKAY.

THANK YOU.

UH, OKAY, I JUST WANNA FOLLOW UP.

DOES THIS MEET, UH, UH, A D A YES.

FOR THIS FACILITY? YES.

OKAY.

SO THE REQUIRES ONLY FOUR, FOUR, FIVE HUNDRED AND TWENTY FIVE? WELL, IT LOOKS AT THE, IT, IT LOOKS AT THE FACILITY AS A WHOLE, CORRECT.

WHOLE MEANING WHAT? THE WHOLE THAT JUST THIS BUILDING, BUILDING AT THE WHOLE OR JUST THE AUDITOR AUDITORIUM? JUST THIS BUILDING.

OKAY.

SO YOU'RE SAYING IT MEETS THE A D A REQUIREMENTS? THAT'S, THAT'S CORRECT.

OKAY.

WE ARE WHAT? THAT'S WHAT, OKAY.

OKAY, GOOD.

A ANY OTHER QUESTIONS? NOBODY FROM THE PUBLIC HEARING? UH, SO LET ME JUST TAKE DOWN THE SCREEN AGAIN.

MR. BODEN HAS INDICATED THAT HE WILL NOT SPEAK, HOWEVER, THERE WAS SOMEONE ELSE FROM THE PUBLIC THAT SIGNED UP AND I DID SEND THEM THE LINK.

I'M NOT SURE IF THEY'RE ON THIS EVENING.

IF YOU ARE, PLEASE ANNOUNCE YOURSELF AND FEEL FREE TO SPEAK ON THIS PROJECT.

I DON'T SEE ANYBODY I'M LOOKING AT.

I DON'T SEE ANYONE EITHER.

OKAY.

WELL, IF THE BOARD DOES DECIDE TO CLOSE, THERE'LL BE AN OPEN WRITTEN RECORD PERIOD.

SO IF THAT INDIVIDUAL WISHES TO SUBMIT WRITTEN COMMENTS, HOW, HOW LONG, HOW LONG IS THE OPEN PERIOD? UH, TILL WHEN AARON? UH, WE WOULD RECOMMEND THROUGH APRIL 13TH.

OKAY.

SO I, I, I'LL TO ENTERTAIN A MOTION TO CLOSE TONIGHT'S PUBLIC HEARING AND KEEP THE RECORD OPEN TILL APRIL 13TH.

CAN I HAVE THAT MOTION PLEASE? SO MOVE.

I HAVE A SECOND.

SECOND.

WA WALTER SECONDED IT.

YOU HAVE HIS HAND UP FIRST, MONA.

OKAY.

ALL IN FAVOR? AYE.

AYE.

OPPOSED? ABSTENTIONS.

OKAY, SO THAT'S DONE.

UH, CAN I HAVE A MOTION TO CLOSE TONIGHT'S PUBLIC HEARING? SO, MOVE.

I'M GONNA KEEP, OKAY, WALTER, WALTER, I NEED A, I NEED A SECOND, TOM.

SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

ALL OPPOSED? ABSTENTIONS.

OKAY, WE'RE THE PUBLIC HEARING IS CLOSED.

MS. GARRIS, THANK YOU VERY MUCH.

THANK YOU.

THANK YOU.

AND WE WOULD, WE SHOULD BE ABLE TO MAKE IT.

BUT CLOSING ON THE 13TH, ARE WE GOING TO MAKE A DECISION ON THIS ON THE 16TH, RIGHT.

UH, THE PLAN WOULD BE IF THE TOWN BOARD MAKES ITS DECISION ON THE 13TH, THE PLANNING BOARD WOULD BE IN A DECISION, UH, IN A POSITION TO MAKE A DECISION ON APRIL 20TH.

APRIL 20TH, I'M SORRY.

APRIL 20TH.

RIGHT.

OKAY.

ALL RIGHT.

THAT'S OUR NEXT DAY.

HAVE A GOOD EVENING.

THANK YOU SO MUCH.

OKAY.

THANK YOU.

THANK YOU.

ALL RIGHT, BARBARA.

THANK YOU, BARBARA.

THANK YOU VERY MUCH.

HAVE A GOOD EVENING.

THANKS, BARBARA.

THANK YOU.

HAVE A NICE EVENING.

DON'T STAY UP TOO LATE.

WELL, IT ALL DEPENDS ON OUR LAST TWO PROJECTS, , HOW LATE WE STAY UP.

GOOD LUCK, .

OKAY.

THANK YOU.

BYE-BYE.

WE'RE DOING PRETTY, WE'RE DOING VERY WELL THOUGH.

VERY GOOD.

YES.

OKAY.

UM, ALL RIGHT, WE'RE GONNA GO BACK IN A WORK SESSION NOW.

ARE WE READY, AARON, TO GO BACK INTO OUR WORK SESSION? OKAY.

YES, WE ARE.

THE FIRST, THE FIRST CASE IS PB 20 DASH 23, WHICH IS POMPANO, I BELIEVE THAT'S CORRECT.

FIVE ROBIN HILL ROAD AND, UH, SCARSDALE EDGEMONT.

IT'S, UH, A STEEP SLOPE PERMIT.

UH, YOU WANT TO GIVE US A LITTLE DESCRIPTION, AARON, AND THEN WE'LL TURN IT OVER TO THE APPLICANT? YES.

SO AS CHAIRPERSON SCHWAR INDICATED CASE NUMBER PV 20 DASH 23 POMPANO AT FIVE ROBIN HILL ROAD, PO SCARSDALE, THE R FIVE ONE FAMILY RESIDENCE DISTRICT.

THE APPLICANT SEEKS A PLANNING BOARD STEEP SLOPE PERMIT APPROVAL FOR A PROJECT INVOLVING PROPOSED CONSTRUCTION OF AN ADDITION TO AN EXISTING SINGLE FAMILY RESIDENCE, A NEW PORT, A NEW FRONT PORTICO,

[01:15:01]

NEW PATIO AREAS, AND RELATED IMPROVEMENTS.

THE APPLICANT PROPOSES APPROXIMATELY 2070 SQUARE FEET OF DISTURBANCE TO 15 TO 25% SLOPES, WHICH ARE DEFINED AS STEEP SLOPES IN OUR CODE.

A MAJORITY OF THE PROPOSED DISTURBANCE TO REGULATED STEEP SLOPES IS RELATED TO THE PROPOSED CONSTRUCTION ENTRANCE TO THE PROPERTY TO FACILITATE THE PROJECT.

THE PROJECT ITSELF REQUIRES 100 CUBIC YARDS OF EXCAVATION AND NO IMPORTED FILL.

THE APPLICANT PROPOSES FOUR CALTECH THREE 30 HD STORMWATER UNITS TO HANDLE STORMWATER RUNOFF FROM NEW IMPERVIOUS SURFACES.

THE APPLICANT IS IN THE PROCESS OF FILING THE HISTORIC AND LANDMARKS PRESERVATION BOARD AS THE EXISTING RESIDENCE IS MORE THAN 50 YEARS OLD.

THE APPLICANT'S REPRESENTATIVE, UH, IS PRESENT THIS EVENING TO FURTHER DETAIL THE PROJECT AND TO ANSWER ANY QUESTIONS OF THE BOARD MEMBERS.

I'LL TURN THINGS OVER TO MR. .

UH, ACTUALLY, THIS IS TIM LEONARD, THE ARCHITECT.

IF YOU DON'T MIND, I'LL START THE PRESENTATION AND HAND IT OVER TO CHRIS AFTER THAT.

THANKS, AARON.

VERY WELL, THANK YOU.

THANKS.

GOOD EVENING BOARD, THANK YOU VERY MUCH FOR HAVING US HERE TONIGHT TO LOOK AT THE STEEP SLOPES APPLICATION.

IF YOU DON'T MIND, MAY I SHARE MY SCREEN AND I'LL RUN YOU THROUGH THE ARCHITECTURAL PART OF THE PROJECT.

PLEASE DO.

SO, THESE ARE SITE PHOTOS.

I'LL START YOU OFF WITH.

THIS IS, UH, THE FRONT VIEW AS VIEWED FROM THE, YOU KNOW, END OF EDGE OF ROBIN HILL ROAD.

THAT'S THE EXISTING DRIVEWAY, THAT'S THE EXISTING 1955 HOUSE.

AARON MENTIONED.

WE ARE GOING TO THE HISTORICAL SOCIETY NEXT TUESDAY FOR THEIR REVIEW.

THIS IS A KIND OF A CLASSIC FRONT TO BACK SPLIT LEVEL WHERE THEY'RE LIVING AND DINING AND KITCHEN LEVELS ARE ALL TOWARDS THE FRONT OF THE HOUSE.

AND THE BACK OF THE HOUSE HAS THE BEDROOM LEVELS AND IN THE BACK, UH, ALSO A BASEMENT LEVEL.

UM, THIS IS THE AREA WHERE WE'RE PROPOSING TO PUT SOME OF THE CALTECH UNITS THAT CHRIS WILL DESCRIBE OVER HERE, AS WELL AS OVER HERE.

UM, THE PORTICO IS GONNA BE AN EXTENSION OF WHERE THE FRONT DOOR IS RIGHT NOW.

THAT PORTION, I DON'T BELIEVE IS ANY PART OF THE STEEP SLOPES, BUT THE MAIN ADDITION IS GONNA GO UP AROUND THE BACK OF THE DRIVEWAY, UM, TOWARDS THE BACK OF THE HOUSE GOING UP THE DRIVEWAY.

HERE'S WHAT YOU SEE, WHERE THE NEW PORTICO WILL BE AT THIS ELEVATION.

THERE IS GONNA BE SOME DISTURBANCE OVER HERE TO ACCOMMODATE THE ADDITION AND REWORK A WALKWAY.

THIS IS A VIEW OF THE OTHER SIDE OF WHERE THE PORTICOS GOING.

AGAIN, PROBABLY NOT PART OF WHAT WE'RE TALKING ABOUT FOR STEEP SLOPES TONIGHT.

AND AS WE GO FURTHER UP THE DRIVEWAY, YOU CAN SEE THE AREA WHERE THE MAIN PART OF THE ADDITION IS GOING TO BE.

WE'RE ACTUALLY GONNA BE FOLLOWING THIS EXISTING ROOF LINE ACROSS.

AND MOST OF THE ADDITION IS GOING TO BE ON THE CURRENT, UH, DRIVEWAY SPACE.

SOME OF THE ADDITION WILL, UH, CUT INTO THIS EXISTING RETAINING WALL IN THE BACK, AS WELL AS SOME OF THAT, UH, ROCKY SLOPE THAT YOU SEE.

I GUESS THAT PART IS, UH, WHERE SOME OF THE STEEP SLOPES IS THAT WE'RE GONNA BE, UH, DISCUSSING.

UM, SO ALL THE WAY UP AT THE TOP OF THE DRIVEWAY, I'M STANDING NOW, RIGHT WHERE THE VERY END OF THE ADDITION WOULD BE LOOKING BACK TOWARDS THE HOUSE.

AND THE IDEA PART OF THE ARCHITECTURE IS TO HAVE AN APPROACH INTO THIS HOUSE, INTO A NEW GARAGE LOCATED AT THIS LEVEL, AND A CONNECTOR OF A MUDROOM TO GET YOU UP INTO THAT MAIN AREA OF THE KITCHEN, WHICH THEY DON'T CURRENTLY HAVE RIGHT NOW.

THIS IS A VIEW FROM THE BACKYARD.

UM, THE, AGAIN, THE ADDITION IS GONNA GO RIGHT HERE AND YOU CAN SEE THE RETAINING WALL.

AND THAT ROCKY SLOPE IS ON THE OTHER SIDE OF THIS FENCE.

UH, MORE OF THE BACKYARD.

UH, THE CURRENT GARAGE IS ACTUALLY UNDERNEATH THIS SECTION OF THE HOUSE RIGHT HERE.

THAT AREA IS WHERE WE'RE GOING TO CONVERT THAT GARAGE TO A DESPERATELY NEEDED FAMILY ROOM, A PLAYROOM FOR THEIR KIDS.

THEY HAVE THREE CHILDREN THAT ARE GONNA SHARE BEDROOMS UP HERE, UH, I'M SORRY, HAVE THEIR OWN BEDROOMS UP HERE.

AND A NEW MAIN BEDROOM WILL BE BUILT OVER THE TOP OF THE GARAGE OVER THERE.

SO IN ORDER TO GET LIGHT AND VENTILATION AND ACCESS OUT OF THE, UM, THE NEW PLAYROOM, WE WOULD LIKE TO, UM, BUILD A COUPLE OF RETAINING WALLS HERE THAT DON'T COME OUT TOO FAR, ABOUT EIGHT, EIGHT FEET OR SO, AND A SET OF STEPS TO GET YOU UP TO THIS REAR YARD.

UM, HOW HIGH ARE THOSE RETAINING WALLS GONNA BE? I THINK THEY'RE ABOUT FIVE OR SIX FEET.

I, I'LL, I'LL GET TO THE REAR ELEVATION AND, AND I'LL, I'LL GIVE YOU, YOU'LL BE ABLE TO SEE CLEARLY WHAT THEY ARE.

OKAY.

SO HERE'S, UH, THIS IS MY SITE PLAN.

IT DOESN'T HAVE THE ENGINEERING AND THE STEEP SLOPES ON IT, BUT IT GIVES YOU A SENSE OF WHERE THE ADDITIONS ARE GOING.

AGAIN, THE FRONT PORTICO IS UP HERE, NOT REALLY PART OF THE SLOPEY AREA.

THE, UH, CAL TEXTS ARE HERE ON THE RIGHT.

AND HERE ON THE LEFT, THE DRIVEWAY WILL BE EX EXTENDED A LITTLE BIT TO ACCOMMODATE GETTING INTO THE NEW GARAGE DOORS, WHICH WILL BE ON THIS PLANE.

THIS IS THAT MUDROOM

[01:20:01]

CONNECTOR I MENTIONED ABOUT GETTING FROM THE NEW MUDROOM AREA UP A SET OF STEPS AND INTO THAT KITCHEN SPACE.

AND THIS IS WHERE THE TWO CAR GARAGE AND THE MAIN BEDROOM SUITE WILL BE, UM, OVER ON THIS SIDE.

AND WHEN I ZOOM IN A LITTLE BIT, YOU CAN SEE THIS IS WHERE THAT EXISTING RETAINING WALL IS.

RIGHT NOW, WE'RE ONLY GOING ABOUT TWO AND A HALF FEET INTO THAT RETAINING WALL, AND A LITTLE BIT INTO WHERE THAT ROCKY SLOPE IS.

SO THEN, NOW WHEN THIS NEW BACK WALL IS BUILT HERE, THIS CAN ACTUALLY BE MORE LEVELED OUT.

ALONG THE BACK PART OF THE HOUSE, THERE'S A, THERE'S A NATURAL SLOPE THAT COMES DOWN THIS SIDE THAT'S NOT REALLY BEING DISTURBED, BUT IT IS, IT IS A SLOPE.

AND THERE'S, WE CAN SEE THIS PATIO COMING OUT THE BACK OF THE HOUSE.

WHERE'S THE NEW RETAINING WALL GONNA BE ON THERE? WE DON'T NEED A RETAINING WALL.

UH, JUST THE RETAINING WALL IS GOING TO BE, I'M SORRY, HERE AND HERE TO HOLD BACK THAT GRADE BECAUSE THIS PATIO IS DOWN AT THE BASEMENT LEVEL.

THAT'S WHAT, THAT'S WHAT I'M TALKING ABOUT.

AND THAT'S WHERE YOU CAN SEE THE, SO NOW WE SEE THE PATIO'S AT NINE, UH, 2 95, AND THE WALL'S THREE, 300.

SO IT'S ABOUT FIVE FEET HIGH.

OKAY.

AND HOW, HOW DEEP IS IT? HOW BIG IS THE PATIO? UM, I'LL GET TO THE PLANS RIGHT NOW SINCE YOU ASKED.

THIS IS COMING OUT ABOUT EIGHT FEET FROM THE HOUSE RIGHT HERE.

SO IT LEAVES ME ROOM TO GET A LANDING AND A SET OF STEPS UP TO THE BACKYARD OVER ON THIS RIGHT HAND SIDE.

AND THERE'D BE A GUARDRAIL AROUND THIS, UM, OBVIOUSLY BECAUSE OF THE DROP OFF.

OKAY? SO THIS IS THAT LOWER LEVEL WHERE YOU COME INTO THE NEW GARAGES OVER HERE.

UH, AND THERE'S ACTUALLY A, A NEW MUDROOM ENTRANCE TO THE RIGHT OF THAT THAT GETS YOU INTO A, A NICE MUD ROOM FOR THE KIDS TO DO THEIR DROP-OFFS AND EVERYTHING ENTRANCE IN FROM THE GARAGE.

AND THEN MY CONNECTOR PIECE, WHICH HAS THE STAIRWAY UP TO WHERE YOU SAW THAT DOOR INTO THE KITCHEN EARLIER, AND THIS IS WHERE THE EXISTING, UM, GARAGE IS THAT NOW WE'LL BE ABLE TO USE FOR THIS FAMILY ROOM SPACE, WHICH CONNECTS A HALF A FLIGHT, UM, UP TO THE MAIN LIVING LEVEL.

SO THE KIDS WILL ONLY BE A HALF A FLIGHT DOWN.

AND THIS IS WHERE I HAVE, UM, UH, A FRENCH DOOR AND SOME GENEROUS WINDOWS TO BRING LIGHT AND VENTILATION INTO THIS SPACE GOING UPSTAIRS.

UM, HERE IS THE NEW ENTRYWAY.

IT'LL BE A, A COVERED OPEN PORCH HERE.

AND YOU'RE GONNA COME INTO A, NOW AN AREA RIGHT NOW, YOU HAVE TO WALK DIRECTLY INTO THEIR LIVING ROOM, WHICH IS NOT VERY PLEASANT.

UM, SO WE'RE CREATING AN ENTRY HALL THAT HAS A POWDER ROOM OFF OF THE AND COAT CLOSET.

SO IT'LL BE, YOU KNOW, REALLY A, A GOOD PRACTICAL THING FOR THE FAMILY.

THESE ARE THAT HALF A FLIGHT STAIRS DOWN HERE TO THE, UM, PLAYROOM.

BUT WHEN YOU GO UP, UH, MORE THAN HALF, A LITTLE BIT MORE THAN HALF A FLIGHT, YOU'RE ON THAT BEDROOM LEVEL.

AND WE'RE EXTENDING THAT BEDROOM LEVEL ACROSS TO, UM, GET ANOTHER BATHROOM, A SMALL HOME OFFICE.

UM, AND THE MAIN SUITE OVER HERE, WHICH HAS ITS OWN BATHROOM, ARCHITECTURALLY, THIS IS WHAT HAPPENS IN THE FRONT OF THE HOUSE.

THIS MAIN ROOF LINE STAYS, THE MAIN ROOF LINE OVER HERE STAYS THE NEW PORTICO ROOF IS HERE.

WE'RE GIVEN THE HOUSE A LITTLE BIT OF A FACELIFT.

IT'S A LITTLE TIRED FROM ITS FIFTIES, UH, CONSTRUCTION DAYS.

NOT MUCH HAS REALLY CHANGED ON IT AT ALL.

SO WE'RE GONNA PUT NEW SIDING AND NEW WINDOWS.

IT'LL BE VERY ENERGY EFFICIENT, BUT AESTHETICALLY I THINK WE'RE KEEPING WITHIN THAT, YOU KNOW, THAT FIFTIES VIBE IN A 2000 TWENTIES WAY.

SO THERE'S GONNA BE A MIX OF SOME VERTICAL SIDING, UM, SOME HORIZONTAL SIDING.

UH, LIKE I SAID, THE, THE WINDOWS ARE, YOU KNOW, VERY NICE AND ENERGY EFFICIENT.

IT LET A LOT OF LIGHT IN.

SO WE'RE GONNA BE EXTENDING THIS ROOF LINE, UH, THIS PLANE ACROSS OVER HERE.

AND THIS IS WHERE THE MAIN BEDROOM IS.

THE GARAGE IS HERE.

THE MUDROOM DOOR IS HERE OF A LITTLE SMALL COVERING ON IT.

SO THAT NORTH SIDE WHERE I MENTIONED THAT THE, THE SLOPE KIND OF CURRENTLY EXISTS.

WELL, THERE IT IS.

I MEAN, THAT'S, THAT'S THE SLOPE.

AND, UM, THE RETAINING WALL IS RIGHT OVER HERE.

SO YOU CAN SEE REALLY JUTTING INTO THAT RETAINING WALL BY A COUPLE FEET.

AND THAT LITTLE ROCKY SLOPE HAPPENS LIKE RIGHT OVER HERE.

SO, UM, I, YOU KNOW, WE ARE DISTURBING A SMALL AMOUNT OF THAT LITTLE AREA HERE, WHICH KIND OF ALL ADDS UP WHEN YOU GET TO IT, WHEN WE DO THE CALL TEXT.

AND THAT'S REALLY WHY WE'RE HERE TONIGHT IS TO, UH, JUST, UH, YOU KNOW, SO YOU CAN SEE WHAT, I THINK IT'S A FAIRLY MINIMAL AMOUNT OF WORK, UH, GOING ON, BUT IT'S FOR YOU GUYS TO DECIDE.

SO, UH, ARCHITECTURALLY, HERE'S THE BACK OF THE HOUSE, MAIN BEDROOM.

UH, YOU CAN SEE DOWN BELOW WHERE THE DOORS AND WINDOWS ARE TO THE MUDROOM AND THE PLAYROOM, AND THAT'S THAT FIVE FOOT HIGH WALL.

THIS DOTTED LINE IS THE PATIO LEVEL, AND THIS IS THE TOP OF THAT WALL.

SO, AND A GUARDRAIL.

SO, UM, SO NOT, NOT A, A, YOU KNOW, A TREMENDOUSLY HIGH WALL, BUT IT, UM, IT SERVES ITS PURPOSE.

SO IF YOU HAVE ANY QUESTIONS ON ANY OF THIS, I'M HAPPY TO ANSWER 'EM OR TALK ABOUT

[01:25:01]

'EM.

AND OTHERWISE I'LL HAND IT OVER TO CHRIS.

CHRIS, THANK YOU.

THANK YOU, TIM.

THANK YOU, AARON.

THANK YOU, TIM.

THANK YOU, AARON.

THANKS, CHAIRMAN.

MEMBERS OF THE BOARD, CAN YOU, CAN YOU HEAR ME? YES, GO AHEAD.

YES.

UH, IF I COULD SHARE MY SCREEN AS WELL.

YES, GO FOR IT.

UH, UH, WHILE YOU'RE DOING THAT, I JUST WANTED TO MENTION THAT WE HAVE, UH, MR. JOHN GARB WHO'S RAISED HIS HAND.

I HAVE SENT A CHAT TO HIM.

I BELIEVE HE WAS THE FELLOW THAT MAY HAVE BEEN INTERESTED IN THE HACKLEY SCHOOL PROJECT.

SO I'LL HANDLE THAT, UH, THROUGH THE CHAT FUNCTION.

THANK YOU.

OKAY.

THANK YOU.

DID THAT, DID THAT COME UP? NO, NOT YET.

SORRY.

I'M WORKING ON A NEW COMPUTER.

UM, OH, IN THE INTERIM, CAN I ASK A QUESTION? SURE.

UM, UH, I SAW FROM THE DIAGRAM FOR FIRST QUESTION, WILL THE DOWNSPOUTS OF THE CURRENT HOUSE BE HOOKED UP TO THE DOWNSPOUTS OF THE ADDITION GOING INTO THE CALTECH? UH, I, I'M SORRY.

I, I WAS, UH, TRYING TO SHARE MY SCREEN.

COULD, COULD YOU ASK THAT QUESTION AGAIN? OKAY.

UH, THE DOWNS SPOUSE OF THE CURRENT HOUSE, YOU KNOW THIS, I ASSUME THAT THEY, THEY DON'T GO INTO A CALTECH, THEY, YOU KNOW, THAT'S THE 1950S HOUSE.

THE NEW ADDITION, YOU HAVE TO GO INTO THE CALTECH.

IS THERE END DO, IS THERE ANY PLAN TO TIE IN THE DOWNSPOUTS FROM THE CURRENT OF THE CURRENT HOUSE INTO THE CALTECH UNITS THAT YOU'LL BE PLACING ON THE PROPERTY? OKAY, THANK YOU.

UH, APOLOGIZE TO MAKING YOU REPEAT THAT.

SO IF, IF, CAN YOU SEE MY SCREEN NOW? YES.

YES.

OKAY.

SO THIS IS THE AREA OF THE NEW EDITION, AND THESE CIRCLES REPRESENT DOWNSPOUTS MM-HMM.

.

SO THIS IS A DOWNSPOUT FOR THE NEW EDITION.

THIS IS A DOWNSPOUT FOR A PORTION OF THE NEW EDITION AND EXISTING HOUSE.

OKAY.

AND THIS IS A DOWNSPOUT FOR A PORTION OF THE EXISTING HOME, WHICH THEN LEAD TO, UH, THIS SET OF CULT TECH SYSTEMS. WE ALSO ARE PICKING UP AREAS OF THE EXISTING DRIVEWAY, WHICH WILL COME DOWN HERE TO THIS CATCH BASIN AND LEAD INTO A PAIR OF CULT TEXT IN THIS AREA.

WE'RE ALSO, UM, I'M SHOWING THIS AS NEW PATIO.

THIS WAS PATIO THAT WAS INSTALLED POST THE LATEST SURVEY.

SO WE'RE BASICALLY RETROFITTING THE DRAINAGE FOR THIS.

IT'S NOT, IT'S AN EXISTING PATIO, BUT WE'RE RETROFITTING IT, AND WE INCLUDED THAT IN THE MITIGATION FOR THE CULTEC UNIT SIZING.

OKAY.

THE, THE WE'RE, THERE'S AN ALSO INCLUDED IN THE CONSTRUCTION, UH, PROPOSAL IS A RETAINING, BASICALLY A RAISED LANDSCAPE WALL IN THIS AREA, WHICH IS WHAT IS DRIVING THIS DISTURBANCE AREA OF, UH, OF STEEP SLOPES.

UH, UP THE OTHER STEEP SLOPES ARE INDICATED HERE THAT WERE DISTURBING, UH, WHICH YOU SAW IN THE PICTURE THAT TIM INDICATED.

AND THEN IN THE REAR YARD, THAT LITTLE BIT, THE CORNER OF THE BUILDING, AND THEN ACCESS TO IT.

THE INTENT IS NOT TO CHANGE THE GRADING IN ANY OF THOSE AREAS, OBVIOUSLY, OTHER THAN THE BUILDING AND A LITTLE BIT OF, OF FEATHERING INTO THIS GRADE.

BUT THE BALANCE OF THE AREA BEING DISTURBED IS GONNA BE RESTORED BACK TO ITS EXISTING GRADE.

FOR INSTANCE, THE DRIVEWAY, WE'RE GONNA BE DISTURBING AND REBUILDING A LITTLE BIT, BUT IT'S GONNA MAINTAIN THE SAME GRADE.

SO THIS IS REALLY TEMPORARY DISTURBANCE OF LAWN AREA, WHICH I WOULD SUGGEST WAS DISTURBED AT SOME POINT IN THE PAST.

UH, WE'RE NOT CREATING ANY MORE STEEP, WE'RE NOT ADDING TO THE STEEP SLOPES.

UH, THERE ARE NO VERY STEEP SLOPES OR EXCEEDINGLY STEEP SLOPES, UH, ON THE PROPERTY OR THAT WERE DISTURBING.

UM, THERE'S NO VISTAS, THERE'S NO SUMMITS, UM, IN THESE AREAS.

WE'RE NOT PROPOSING TO, UH, REMOVE ANY, UH, TREES THAT ARE REGULATED.

UM, WE HAVE A ROBUST EROSION CONTROL PLAN, UH, DURING CONSTRUCTION TO MAINTAIN EROSION ON THE, ON THE SITE.

UH, WE'RE PROPOSING SIX CULT DECK, THREE THIRTIES.

UH, THERE IS A YARD DRAIN THAT I'M PROPOSING HERE THAT'LL PICK UP SOME OF THE YARD AREA AND THE GUTTERS THAT, UH, POTENTIALLY SOME OF THE GUTTER RUNOFF FROM THE EXISTING HOUSE.

UM, SO I THINK WE THINK WE HAVE

[01:30:01]

A VERY ROBUST DRAINAGE SYSTEM.

OKAY.

THANK YOU FOR THAT EXPLANATION.

BUT MY QUESTION WAS SPECIFIC TO THE CURRENT HOUSE, YOU SAID SOMETHING THAT YOU'LL CATCH MOST OF THE WATER FROM THE EXISTING HOUSE.

WHY IS IT NOT ALL THE WATER OF THE EXISTING HOUSE TIED INTO THE CULTECH? WELL, FOLLOWING THE CODE, WE ARE MITIGATING A, A PARTICULAR VOLUME OF WATER THAT'S BEING GENERATED BY THE NEW IMPERVIOUS AREA.

SO WE'RE CAPTURING ENOUGH AREA THAT WE COLLECT THAT QUANTITY OF WATER AND HAVE SIZED THE CULT DECK FOR THAT.

SO IF I COULD JUST MAKE NUMBERS UP, WE'RE ADDING A HUNDRED SQUARE OH, YEAH.

I, I, I'M SORRY TO INTERRUPT.

YES, SIR.

I'M SORRY TO INTERRUPT, BUT I UNDERSTAND THE CALCULATION.

BUT MY, AND, AND, AND UNDERSTAND THE FACT THAT YOU ARE MEETING THE REQUIREMENTS.

WHAT I'M, OUR SUGGESTION, AS YOU SAID, THE CODE IS THE CODE, YOU'RE MEETING THE CODE, BUT THERE'S AN OPPORTUNITY TO CAPTURE ALL IF IT'S NOT A MAJOR, UH, UH, CONSTRUCTION, UH, COST.

SO WHAT I'M ASKING FOR YOU TO CONSIDER IT, YOU'RE MEETING THE CODE, SO IT'S NOT SOMETHING YOU HAVE TO DO, BUT JUST TO TAKE A LOOK AT THAT.

AND THE SAME WAY OUR CURRENT CODE SAYS, IT SAYS, UH, INDICATE FOR A 25 YEAR, UH, UH, FLOOD, UH, THAT'S THE CODE AND YOUR CURRENT DESIGN, YOU KNOW, MEETS THAT.

UH, AGAIN, I ASK FOR YOU TO CONSIDER WHETHER OR NOT YOU SHOULD, UH, HAVE THAT PROPERTY TO MEET THE 50 YEAR CODE.

AND I, AND AS I INDICATED, THAT'S NOT A REQUIREMENT, BUT THAT'S SOMETHING FOR YOU TO CONSIDER.

OKAY.

WE CERTAINLY DO THAT AND DISCUSS THAT WITH THE CLIENT.

THANK YOU.

AARON, DO YOU HAVE YOUR HAND RAISED? I DO.

THANK YOU.

CHAIRPERSON SCHWARTZ.

UM, MR. ARCHER INDICATED THAT THERE ARE NO REGULATED TREES TO BE REMOVED.

I DID HAVE A QUESTION ABOUT BEHIND WHERE THE NEW ADDITION IS GOING, OR ROUGHLY IN THE AREA OF WHERE THE NEW ADDITION IS GOING.

MR. UM, LEONARD HAD PUT UP A, A VISUAL FROM THE REAR OF THE PROPERTY THAT SHOWED MAYBE WHAT WAS AN ORNAMENTAL TREE.

I WANTED TO ASK THE SIZE OF THAT, AND IF IT'S BEING REMOVED AND IF IT IS UNDERSIZED, THAT'S FINE, UH, WOULD NOT BE REGULATED UNDER THE TOWN CODE.

BUT I DID HAVE A QUESTION ABOUT WHETHER OR NOT THERE WOULD BE ANY ADDED LANDSCAPING TO THE PROPERTY WHATSOEVER.

SO KIND OF TRUTHFUL, ERIC, I DON'T, I, I DON'T BELIEVE EITHER ONE OF THOSE TREES IS GONNA BE DISTURBED.

THERE'S A, IT LOOKS LIKE, CAN YOU GO BACK TO THAT PHOTO IF YOU WOULD? YEAH, I'LL SHARE MY SCREEN FOR YOU.

UH, YEAH, THANKS SO MUCH.

CAN I, UH, YES.

YOU HAVE TO TAKE YOURS DOWN FOR US.

WE'LL, WE'LL TAKE, WE'LL TAKE THE OTHER ONE DOWN.

THANK YOU.

IS THIS THE ONE YOU WERE TALKING ABOUT, AARON? THIS ONE HERE? YES.

OKAY.

YEAH, THE, UM, THE ADDITION IS GOING JUST A LITTLE BIT OUT FROM HERE.

LIKE I SAID, THE CORNER OF THIS WALL OVER HERE IS WHERE WE'RE DISTURBING.

SO THIS, WE CAN ACTUALLY SHOW PROTECTIONS ON THE PLAN FOR THIS TREE, BUT I DON'T THINK THERE'S ANY REASON THAT THIS TREE'S GONNA BE DISTURBED.

OKAY.

THAT'S GREAT.

UM, SO WE DO HAVE RECOMMENDED, UM, PROTECTION MEASURES THAT WE WILL FORWARD TO YOU.

OKAY.

UM, AS, AS OUTLINED IN OUR TREE TECHNICAL MANUAL.

AND IF YOU CAN MEET THOSE AND ACCOMMODATE THEM, THEN THAT WOULD BE GREAT.

OKAY.

OKAY.

ANY OTHER QUESTIONS FOR THE BOARD? GO AHEAD.

UH, FOLLOWING UP ON TO WHAT WALTER HAS SAID, UH, THE CODE SORT OF, UH, HAS A CERTAIN, UH, BASE BASELINE THINGS.

AND WHAT I'M ASKING IS QUESTION REGARDING THE IMPERVIOUS, UH, SURFACES THAT YOU ARE ADDING AS A PATIO, HAVE YOU CONSIDER FOR, UH, PERVIOUS PAPER AND ALSO IMPERVIOUS, UH, UH, DRIVEWAY MATERIAL SO THAT IT, IT WILL HAVE A LESS OF A, UH, KIND OF A RUNWAY AND THE, UH, WOULD, WOULD SORT OF HELP, UH, ALLEVIATE SOME OF THE THINGS THAT IS HAPPENING? SO WITH REGARD TO THE PATIO, THE PATIO IS ACTUALLY EXISTING, BUT IT WASN'T, UH, THERE WASN'T AN INDICATION THAT IT WAS A PERMITTED PATIO.

IT, IT'S BEEN THERE FOR SOME TIME, BUT BECAUSE IT WASN'T

[01:35:02]

IDENTIFIED AS A PERMITTED PATIO, WHEN I DID THE STORMWATER MANAGEMENT, I INCLUDED THAT AS A PROPOSED FEATURE.

SO WE'RE, WE'RE DOING, YOU KNOW, POST CONSTRUCTION MITIGATION FOR THAT PIECE.

WHAT ABOUT THE DRIVEWAY? UH, THE DRIVEWAY IS STAYING, THE EXISTING DRIVEWAY IS STAYING, IT'S, THERE'S JUST A SMALL, UH, EXPANSION OF THE DRIVEWAY TO THE LEFT SIDE OF A COUPLE FEET.

SO YOU'RE NOT GOING TO DISTURB THE EXISTING DRIVEWAY, GONNA HAVE A PATCH? WELL, THE TOP PART OF THE DRIVEWAY, WHICH WILL DEFINITELY BE DISTURBED FOR THE CONSTRUCTION MATERIALS.

WE'RE GONNA REPAVE THE PART THAT GETS DAMAGED.

BUT THE EXPANSION OF IT, LIKE CHRIS SAID, IS PRETTY MINIMAL.

YEAH, I UNDERSTAND.

OKAY.

AND FOR THE NEW PATIO THAT'S AT THE BASEMENT LEVEL, I REALLY WANNA MAKE SURE THAT WATER GETS OUT OF THERE.

SO I, I REALLY PREFER TO DIRECT THAT WATER INTO THE DRAIN AND GET IT AROUND THE HOUSE VERSUS HAVING IT SIT THERE OR TRY AND PERMEATE INTO THE GROUND AT THAT LEVEL.

THAT COULD BE A LITTLE DANGEROUS.

SO WE'D LIKE TO GET RID OF THAT AND BRING IT AROUND THE HOUSE, UM, INTO THE CULT TECHS.

AND, AND ALSO, IF I COULD JUST GO BACK TO THE, THE 50 YEAR STORM COMMENT, UM, I CAN ACTUALLY SHOW THAT THE CULT TECH UNITS, AS WE'VE DESIGNED THEM, DO PROVIDE MITIGATION FOR THE 50 YEAR STORM.

OH, EXCELLENT.

OKAY.

THAT WOULD BE HELPFUL.

AND THE OTHER THING BEING, WHEN I TAKE A LOOK AT THAT HOUSE RIGHT NOW, WITHOUT CALEX AND THE WAY THAT IT'S SLOPING, WHAT YOU'RE DOING IS A DRAMATIC IMPROVEMENT, I WOULD THINK, VERSUS THE CURRENT CONDITION.

AM I CORRECT ON THAT? USUALLY, YES.

, I AGREE WITH THAT ASSESSMENT.

OKAY.

ANY OTHER QUESTIONS, UH, FOR THIS APPLICANT AT THIS POINT? OKAY.

UM, AARON, DO WE NEED TO PUT THIS ON FOR PUBLIC HEARING? YES.

OKAY.

UH, CAN WE SCHEDULE IT FOR THE APRIL 20TH? I, LET ME JUST TAKE A QUICK LOOK AT THE SCHEDULE RIGHT NOW, SORT OF UP IN THE AIR.

I, I WOULD, I WOULD BE COMFORTABLE WITH IT.

UM, WE DO HAVE A COUPLE OF OTHER ITEMS ON, WE DO HAVE ANOTHER PUBLIC HEARING THAT'S THE 14 HIGH POINT.

WE HAVE THE TWO BATTERY ENERGY STORAGE, UH, UH, APPLICATIONS FOR MIDWAY AND GREENVILLE, HOWEVER, THOSE ARE IN CONSULTANT.

YOU DON'T KNOW WHAT THOSE ARE ON ON YET.

RIGHT? THOSE ARE IN CONSULTANT REVIEW, SO WE DON'T KNOW IF THEY'RE ON JUST YET.

I'M OKAY WITH THIS GOING ON.

I THINK IT MAKES SENSE.

IT'S UP TO THE BOARD THOUGH.

I, I, I THINK WE SHOULD PUT IT ON, TRY TO PUT IT ON FOR PUBLIC HEARING.

UM, BUT THE NEXT MEETING, I DON'T SEE ANY REASON NOT TO TELL YOU WHAT OUR CLIENT, OUR CLIENT WOULD REALLY APPRECIATE THAT.

THANK YOU.

I THINK YOU, I THINK ONE, ONE COMMENT I HAVE IS THAT HOW DOES THAT FIT INTO THE, UH, HISTORIC BOARD'S TIME TIMELINE, UM, BOARDS, THE HISTORIC BOARD'S MEETING ON APRIL 12TH, I BELIEVE THIS APPLICATION'S ON THAT AGENDA, OR THEY'VE MADE THE SUBMISSION TO BE ON THAT AGENDA.

WE HAVE, UM, IN THE, IN THE EVENT THAT THE H AND L P B NEEDS MORE INFORMATION AND SOME ADDITIONAL TIME, EVEN IF THE PLANNING BOARD HAS THE PUBLIC HEARING ON THE 20TH, WE COULD LEAVE IT OPEN.

WE COULD LEAVE THE PUBLIC HEARING OPEN.

WE COULD LEAVE IT OPEN.

WE COULD CLOSE AND LEAVE THE WRITTEN RECORD OPEN FOR AN ADDITIONAL PERIOD.

SO THERE'S OPPORTUNITIES.

WE'LL GIVE THE H AND L BBB TIME.

OKAY.

FROM A SECRET PERSPECTIVE, WHAT IS IT? IS THIS A TYPE TWO? IT'S A TYPE TWO ACTION.

OKAY.

SO NO, WE DON'T HAVE TO DO ANYTHING INSIDE IN SECRET HERE EXCEPT DECLARE IT TYPE VOTE TO, UM, YOU KNOW, VOTE TO DECLARE IT A TYPE TWO ACTION.

THERE'S NO ISSUE.

WE CAN, WE CAN DO THAT TONIGHT, OR WE CAN DO THAT AT THE BEGINNING OF, WE'LL DO THAT AT THE BEGINNING OF THE PUBLIC HEARING.

MM-HMM.

.

OKAY.

THAT'S WHEN WE NORMALLY DO IT.

THAT'S FINE.

OKAY.

ALL RIGHT.

ANYTHING ELSE ON THIS? NOPE.

THANK YOU FOR YOUR PRESENTATION TONIGHT.

WE'LL SEE YOU ON THE 20TH.

THANK YOU VERY MUCH.

THANK YOU VERY MUCH.

GOODNIGHT.

OKAY.

GOODNIGHT.

OKAY.

LAST BUT NOT LEAST, MR. STEINITZ FOR RETURN ENGAGEMENT THIS EVENING.

P PB 2127, THE BERNARD SELF STORAGE, 42 44 HAY STREET, P O ELMSFORD.

AS YOU RECALL, UH, MRS. STEINS CAME AND SHOWED US THIS PROJECT, UH, TWO OR THREE MONTHS AGO.

I DON'T KNOW, TIME, TIME KEEPS COMPRESSING, SO I'M NOT SURE EXACTLY HOW MUCH TIME IT WAS, BUT WE'VE SEEN THIS PROJECT BEFORE.

THIS PROJECT PRIMARILY IS IN ELMSFORD.

UH, BUT, UH, ALL OF THE VARIANCES ARE IN GREENBERG, I BELIEVE.

SO, UM, WE'RE HERE TO TALK ABOUT THE SITE PLAN APPLICATION AND TALK ABOUT THE VARIANCES

[01:40:01]

AND WHAT THE NEXT STEPS ARE ON THAT, ON THIS PROPOSAL.

ANYTHING ELSE, AARON, YOU WANT TO ADD BEFORE WE TURN IT OVER TO MR. STEINS? UM, NO, I THINK MR. STEINS AND HIS TEAM WILL GO THROUGH THE PROJECT IN GREAT DETAIL, SO I DON'T HAVE ANYTHING OTHER TO ADD, UM, TO ADD OTHER THAN THE FACT THAT, UH, YOU AND I HAD DISCUSSED IN OUR PREP MEETING THAT FROM A PROCEDURAL STANDPOINT, FOLLOWING THE DISCUSSION THIS EVENING, THE BOARD MAY WANNA DISCUSS WHETHER OR NOT IT SEEKS TO ESTABLISH ITS ROLE AS LEAD AGENCY, OR RIGHT.

IF A POLICE LEAD AGENCY WOULD BE BETTER SUITED TO EITHER THE TOWN'S ZONING BOARD OF APPEALS OR THE VILLAGE OF ELMSFORD.

OKAY.

WHAT I, WHAT I WOULD SUGGEST IS LET'S GET THROUGH THE PRESENTATION WITH THE APPLICANT AND THEN WE'LL MAKE THAT THAT DETERMINATION.

I AGREE.

WE CAN GIVE IT TO ANOTHER TOWN, .

YES, WE CAN.

LET'S GIVE IT AWAY.

, WE'LL DISCUSS THAT AFTER.

BUT LET'S HEAR FROM MR. STEINZ AND HIS TEAM.

SURE.

GOOD EVENING, MR. CHAIRMAN, MEMBERS OF THE BOARD.

GOOD, GOOD TO SEE YOU ALL.

DAVID STEINMETZ FROM THE LAW FIRM OF ZARIN AND STEINMETZ HERE REPRESENTING RENARD.

I WANNA START REALLY BY THANKING AARON, BECAUSE I'LL ADMIT, MR. CHAIRMAN, I UNDERESTIMATED YOUR BOARD.

I THOUGHT YOU WERE GONNA BE MUCH LATER IN THE EVENING BY THE TIME YOU GOT TO US.

AND, UM, AND AARON WAS QUITE GOOD IN TELLING ME, MAKE SURE YOUR TEAM IS THERE AT 8 45.

AND AARON, IT'S 8 42.

SO, UM, MRS. STEINERS, I WON'T COMMENT ON THE PREVIOUS CHAIR.

CHAIRMAN'S ABILITY TO, TO MANAGE TIMES .

WALTER, IT HAS NOTHING TO DO WITH YOU.

IT WAS THE LENGTH OF THE AGENDA, BUT, BUT, UH, I GOTTA SAY, YOU GUYS ARE, YOU GUYS ARE MOVING, SO I'M GONNA STAY EFFICIENT.

I SEE IT, MONA.

I GOT IT.

ALL RIGHT.

AND MR. AND MR. CHAIR, I WAS, I, I HAD VOWED NOT TO SAY ANYTHING ABOUT TIMING TONIGHT, AND YOU JUST BROKE MY RULE.

I, I, I, I MADE YOU BREAK THE RULE.

ANYWAY, GOOD TO SEE YOU ALL.

WE'RE WE'RE BACK IN CONNECTION WITH BERNARD SELF-STORAGE.

WE WERE HERE IN A PRE-SUBMISSION FORMAT.

WE'RE NOW HERE FORMALLY, I'M JOINED TONIGHT BY DINO, UH, THOMASETTI AND TOM ANTONITO, TWO OF THE PRINCIPLES OF RENARD, THEIR DESIGN PROFESSIONAL MICHAEL SEG.

UM, MY COLLEAGUE DOMINIQUE ALBANO, AND OUR PROJECT ENGINEERS AND PLANNERS, DIEGO VI AND PAUL DUMONT WE'RE ALL HERE TONIGHT BECAUSE WE REALLY WANTED TO KICK OFF THOROUGHLY.

UH, WE, WE HAVE MET WITH YOUR STAFF.

WE MET IN PRE-SUBMISSION FORMAT WITH YOUR BOARD.

WE HAVE MET WITH, UM, THE VILLAGE OF ELMSFORD AS WELL.

AND AS, UM, THE CHAIR INDICATED, AND AARON INDICATED YOU ALL WILL RECALL, THIS PROPERTY IS BISECTED BY A MUNICIPAL BOUNDARY LINE.

SO IT KIND OF ADDS SOME COMPLEXITIES AND CHALLENGES.

AND, UM, WE WILL DEFER TO YOUR BOARD AS TO HOW YOU DECIDE TO, UH, TO, TO HANDLE THE SECRET PROCESS.

WE CAN TALK ABOUT THAT.

BUT WHAT WE'RE REALLY HERE TONIGHT TO DO IS TO EXPLAIN THE PROJECT, UM, AND TO ANSWER SOME OF THE QUESTIONS THAT YOU PUT TO US IN THE PRE-SUBMISSION FORMAT.

YOU DID ASK US TO EXPLAIN, UH, FROM A DEMOGRAPHIC MARKET AND DEMAND STANDPOINT, WHY SELF-STORAGE IS COMING TO THIS PROPERTY AND TO THIS AREA YET AGAIN.

AND WE, WE SUBMITTED THAT REPORT TO YOU IN WRITING.

WE CAN ANSWER THOSE QUESTIONS OR MAYBE, UM, OUR REPORT, UH, SUFFICIENTLY ADDRESSED IT.

AARON ALSO INDICATED THAT THERE ARE A NUMBER OF VARIANCES.

THIS PROPERTY IS IN THEI ZONE, BOTH IN THE TOWN OF GREENBURG AND IN THE VILLAGE OF ELMSFORD.

NOT SURPRISINGLY, THE BULK CRITERIA IN THE TOWN AND IN, IN THE VILLAGE ARE QUITE DIFFERENT.

OUR PROJECT, AS WE WILL SHOW YOU MOMENTARILY, COMPLIES WITH THE BULK CRITERIA IN THE VILLAGE OF ELMSFORD.

OUR PROJECT DOES NOT COMPLY WITH THE BULK CRITERIA IN THE TOWN OF GREENBURG.

UM, AND IT PROMPTS A NUMBER OF VARIANCES, WHICH YOUR BUILDING DEPARTMENT HAS ALREADY WRITTEN TO US ABOUT.

I, I SUBMITTED TO YOU IN, IN OUR LAST MEETING THAT THIS PROPERTY, WHICH IS CURRENTLY DEVELOPED, AND IN I THINK MY, MY, UH, PROGNOSTICATION WAS MOST OF THE PROPERTIES AROUND IT ARE NOT ZONING COMPLIANT.

WE ACTUALLY HAD J M C DO AN ANALYSIS, AND AS J M C REVEALED, AND WE SUBMITTED THAT TO YOU AS WELL, THERE IS ONLY ONE PROPERTY I BELIEVE THAT WE LOCATED THAT IS ZONING COMPLIANT IN THE TOWN OF GREENBERG.

IN THE IMMEDIATE VICINITY OF THE I ZONE TO THIS SITE.

EVERYTHING AROUND US IS NON-COMPLIANT WITH REGARD TO SETBACKS, COVERAGE, ET CETERA.

I SHARE THAT WITH YOU SIMPLY SO THAT YOU UNDERSTAND FROM A, FROM A PURE ZONING AND PATTERN OF DEVELOPMENT STANDPOINT, WE ACTUALLY DON'T THINK WE'RE PRESENTING SOMETHING THAT'S IMPROPER OR INCONSISTENT.

WE ACTUALLY THINK THIS MAY ULTIMATELY BE ONE OF THE MORE COMPLIANT PROPERTIES IN THE AREA.

UM, AND IT IS UNQUESTIONABLY GOING TO BE, UH, WITH NO DISRESPECT TO OUR NEIGHBORS, THE MOST ATTRACTIVE PROPERTY IN THE AREA.

SO WITH, WITH THAT AS MY INITIAL INTRO, WHAT I

[01:45:01]

WOULD LIKE TO DO, MR. CHAIRMAN, UNLESS YOU PREFER THAT WE ADDRESS MARKETING OR THE NON-COMPLIANCE OF OUR NEIGHBORING PROPERTIES, UM, I WOULD TURN IT OVER TO DIEGO AND TO PAUL TO SHARE OUR SITE PLAN, EXPLAIN OUR LAYOUT, EXPLAIN WHY THE SITE IS PRIMARILY LOCATED IN ELMSFORD, WHERE OUR PARKING, LOADING AND CIRCULATION IS, WHERE OUR STORM WATER IS.

UM, AND THEN WE CAN GO FORWARD FROM THERE AND ANSWER ANY QUESTIONS.

BUT MR. CHAIRMAN, WE WILL DO THIS IN WHATEVER, UH, ORDER THAT, THAT MAKES, THAT MAKES SENSE TO ME.

FINE.

SO ON, SO DIEGO, IF, IF YOU OR PAUL ARE PREPARED TO SHARE SCREEN, UM, I WOULD SAY LET'S KICK OFF WITH AN OVERVIEW OF THE AREA, THE SITE PLAN, MAKE SURE WE SHARE THE, UH, THE AESTHETICS OF THE BUILDING, AND LET'S GO FROM THERE.

AND YOU'RE ON MUTE.

I THINK WE'RE ALL SET AND WE'RE READY TO GO.

UM, SO GOOD EVENING EVERYBODY.

JUST FOR THE RECORD, MY NAME'S DIEGO VI WITH J M C, THE PLANNING AND ENGINEERING CONSULTANT WORKING WITH THE APPLICANT.

UM, AS DAVID HAS INDICATED, YOU KNOW, WE REALLY PREPARED A SITE PLAN THAT WE THOUGHT WORKED WELL WITH THE PROPERTY, UM, AND TRIES TO MAKE USE OF A MAJORITY OF THE PROPERTY.

BUT AS HE DESCRIBED, THERE'S A LOT OF BULK REQUIREMENTS THAT REALLY LIMITS AND RESTRICTS WHAT COULD POTENTIALLY BE BUILT ON THE PROPERTY, SPECIFICALLY FROM A SETBACK IN COVERAGE, UH, STANDPOINT.

IF IT'S OKAY WITH THE BOARD, I WOULD LIKE TO SHARE MY SCREEN AND JUST SHOW A COUPLE OF QUICK EXHIBITS THAT, UH, ILLUSTRATE THE SITE PLAN AS WELL AS THE SURROUNDING PROPERTIES.

PLEASE GO AHEAD.

OKAY.

PLEASE LET ME KNOW WHEN YOU CAN SEE IT.

YES.

ALRIGHT.

THIS IS JUST A QUICK RENDERING, UH, SUPERIMPOSED ON THE AERIAL PHOTOGRAPH.

AND, UH, JUST TO ORIENT EVERYONE, HAVEN STREET IS ON THE BOTTOM PORTION OF THE PAGE.

NHEM AVENUE IS OFF TO THE RIGHT AND HAZE, THE PROPERTY IS BOUND BY ALL THREE OF THOSE, UH, ROADWAYS.

THE EXISTING CONDITIONS ON THE PROPERTY, I'M SURE MANY OF YOU ARE FAMILIAR WITH THE PROPERTY ITSELF.

UM, THERE'S THE BUILDING THAT'S REALLY LOCATED CENTRAL ON THE PROPERTY, AND THEN THERE'S A NUMBER OF DRIVEWAYS AND CURB CUTS THAT ARE ON ALL THREE FRONTAGES.

THERE ARE CARS BASICALLY WITHIN THE RIGHT OF WAY, OUTSIDE OF THE RIGHT OF WAY.

AND, UH, IT'S, IT'S ALMOST AS IF IT'S ONE LARGE CURB CUT AROUND THE ENTIRE PERIMETER OF THE PROPERTY.

UM, AS THE APPLICATION REQUESTS, IT'S PROPOSING A, UH, SELF STORAGE, UH, BUILDING ON THE PROPERTY.

IT'S A FIVE STORY BUILDING.

UM, YOU COULD SEE IT'S SHADED IN BROWN HERE.

IT'S, UH, JUST UNDER A 29,000 SQUARE FOOT FOOTPRINT.

UM, IT IS SET BACK FROM THE PROPERTY LINE, 12 AND A HALF FEET ON EITHER SIDE.

AND, UH, IT, IT'S GOT A SIDEWALK THAT WRAPS AROUND THE PERIMETER OF THE BUILDING, UH, TO PROVIDE ACCESS TO, UH, A COUPLE OF ACCESS POINTS THAT'S IN THE MIDDLE OF THE BUILDING HERE.

UH, VEHICULAR ACCESS IS OFF OF NHE AVENUE AND A STREET.

IT'S A THROUGH DRIVEWAY THAT GOES IN THIS DIRECTION THAT ALLOWS FOR TWO-WAY TRAFFIC.

THERE'S THE PARKING SPACES THAT ABUT, UH, OR FRONT ON HAVEN STREET, AND THEN DIRECT ACCESS INTO THE BUILDING OPPOSITE, UH, THE PARKING SPACES IS PROVIDED JUST GENERALLY IN THIS AREA RIGHT HERE.

LOADING FOR THE BUILDING IS A LITTLE BIT UNIQUE.

IT'S RECESSED WITHIN THE BUILDING ITSELF.

UM, SO ANY OF THE VEHICLES THAT WANNA COME AND UNLOAD HAVE THE ABILITY TO PULL IN OFF THE ROADWAY BACK INTO THIS AREA.

AND THEY'RE ACTUALLY UNDERCOVER SO THAT WHEN THEY'RE UNLOADING AND LOADING, UM, THEY'RE NOT EXPOSED TO THE ELEMENTS IN ANY WAY.

WE STRIPE OUT THESE AREAS ACROSS JUST TO ALLOW FOR SOME EXTRA MANEUVERING SPACE IN THE EVENT YOU GET SOME LARGER VEHICLES IN THIS AREA.

UM, BUT AGAIN, IT'S RECESSED.

SO THE, UH, BACK PORTION OF THE VEHICLE WILL BE WITH COMPLETELY WITHIN THE LOADING AREA ITSELF.

WE ARE ACTUALLY REDUCING THE AMOUNT OF IMPERVIOUS AREA, UM, ON THE PROPERTY.

VIRTUALLY THE ENTIRE PROPERTY IS PAVED, WHICH IS PRETTY CONSISTENT WITH WHAT YOU SEE SURROUNDING, UH, THIS PROPERTY.

UM, YOU COULD SEE THE GREEN AREAS HERE, ALL OF WHICH, UH, WILL BE REMOVED.

THE PAVED AREAS, UH, ANY OF THE DRIVEWAYS AND CURB CUTS WOULD BE RESTORED TO A FULL CURB HEIGHT CONDITION.

AND, UH, THERE WAS A COUPLE OF COMMENTS THAT WERE MADE WITH STAFF DURING THE INITIAL REVIEW OF INCORPORATING SOME LANDSCAPING AND SOME PLANTERS IN THIS AREA, WHICH IS SOMETHING WE ARE ADDING TO THE PLAN.

SO IN ADDITION TO JUST, RATHER THAN JUST CREATING SOME LAWN AREAS ALONG THE FRONTAGE OF THE PROPERTY, WE ARE INCORPORATING SOME LANDSCAPING IN AND AROUND THE PERIMETER OF THE PROPERTY, SPECIFICALLY UP AGAINST THE BUILDING, UM, TO SHIELD IT AS WELL.

UM, MR. SIMONS HAD SPOKE ABOUT, YOU KNOW, ONE OF THE REQUESTS FROM THIS BOARD WAS THE COMPARATIVE ANALYSIS TO THE OTHER PROPERTIES IN THIS AREA.

AND DAVID ACTUALLY INDICATED THAT THERE WAS ONE, AND I THINK WE ACTUALLY WENT DOWN TO ZERO.

WE FOUND THE NON-CONFORMITY ON THE LOT AS A RESULT OF IT.

SO IT'S PRACTICALLY ALL OF THE PROPERTIES THAT WE LOOKED AT IN

[01:50:01]

THE AREA, AND THIS REALLY SHOWS YOU IT WAS.

AND WE WENT THROUGH THESE PROPERTIES ONE BY ONE AND CHECKED THEM AND STARTED SHADING THEM.

AND EVERY ONE OF THESE PROPERTIES, THE SITE HERE IS LOCATED ON THE BOTTOM PORTION OF THE PAGE.

YOU'LL SEE IT RIGHT HERE.

UM, AND EVERY SINGLE ONE OF THESE PROPERTIES HAS SOME LEVEL OF NON-CONFORMITY, BUT I'LL BE HONEST WITH YOU, A MAJORITY OF THEM WAS IMMEDIATELY TRIGGERED BY EITHER COVERAGE OR BUILDING SETBACK.

THAT'S THE TWO MAIN NONCONFORMITIES THAT EXIST.

UM, PRIMARILY MOST OF THESE SITES ARE ALL PAVED OR THE BUILDINGS ARE SET RIGHT UP AGAINST THE ROADWAY.

AGAIN, THAT WAS DONE AT A TIME, I'M SURE PRIOR TO SOME OF THESE REGULATIONS AND REQUIREMENTS BEING PUT IN PLACE OR THE ZONE, UH, BEING PUT ON THIS PROPERTY.

BUT THAT'S JUST WHAT YOU WILL SEE THROUGHOUT THIS ENTIRE AREA.

THERE IS VIRTUALLY NO PROPERTY THAT WE CAN FIND THAT IS COMPLIANT WITH YOUR ZONING ORDINANCE.

SO JUST TO INTERJECT, JUST TO INTERJECT VERY BRIEFLY, DIEGO ONE, ONE OF THE THINGS THAT DIEGO AND I WERE HOPING TO ACCOMPLISH WHEN WE PREPARED THAT LAST EXHIBIT IS WE'RE, WE'RE GOING TO NEED TO SHARE THAT WITH YOUR ZONING BOARD.

WE REALIZE THAT WE'RE GOING IN WITH A, A HOST OF VARIANCES, WHICH DIEGO'S ABOUT TO WALK YOU THROUGH IN THE ZONING CHART, BUT BRINGING IT TO LIFE WITH THE VISUAL, I THINK WILL HOPEFULLY HELPS YOUR BOARD.

AND WE CERTAINLY HOPE IT WILL HELP THE ZONING BOARD UNDERSTAND WHY MAYBE THE LI ZONE AS CODIFIED JUST SIMPLY DOES NOT TAKE INTO ACCOUNT THE CHARACTERISTICS OF OF YOUR COMMUNITY IN THAT SECTION OF THE LI YEAH, SORRY.

AND JUST MR. MR. STEM, BEFORE WE GO ON DIEGO, I JUST HAVE A QUESTION.

YES, SIR.

YOU HAVE IN THE PAST HELPED US IN TERMS OF LIKE, FOR INSTANCE, PARKING REQUIREMENTS MM-HMM.

LOOKING AT, AT, YOU KNOW, OTHER MUNICIPALITIES, UM, BEYOND THE OUTSIDE OF THIS PROJECT.

IF YOU HAVE ANY INPUT INTO OUR, OUR ALLIES ZONE SIMILAR, SIMILARLY FROM A A LIMITING POINT OF VIEW, WE WOULD ENTERTAIN THAT INFORMATION.

OKAY.

WE BE, WE'LL BE HAPPY TO PUT SOME ADDITIONAL INFORMATION TOGETHER.

UM, WE HAVE A LOT OF INFORMATION ON PARKING, ESPECIALLY IN THE SURROUNDING COMMUNITIES.

SO, UM, WE CAN CIRCULATE NOT JUST PARKING, DIEGO, I'M, I'M TALKING ABOUT BOTH CRITERIA, THE BULK CRITERIA IN GENERAL.

YEAH.

SO WE'RE HUGH, WE'RE HAPPY TO SHARE THAT.

WE, I THINK BOTH GARRETT AND AARON HAVE ALREADY GOTTEN A LITTLE EDITORIALIZING FROM ME ON THE LI ZONE IN GREENBURG.

SO I, I'M HAPPY TO MAKE IT A LITTLE BIT MORE FORMAL.

I'M SURE YOU ARE.

SO I'LL GIVING YOU THAT OPPORTUNITY.

THANK YOU.

AND I APOLOGIZE IF I DIDN'T MAKE IT CLEAR.

JUST THIS IS RIGHT THROUGH THE SITE.

THIS IS THE DIVISION BETWEEN THE MUNICIPALITIES AND IT ESSENTIALLY CUTS THE BUILDING RIGHT IN HALF.

THE NORTHERN PORTION OF THE PROPERTY IS THE PORTION THAT'S LOCATED WITHIN GREENBERG, AND THAT'S PRIMA.

IT'S ALL BUILDING THAT'S PROPOSED.

UM, IN THIS SCENARIO, THE PARKING, THE LOADING, THE ACCESS POINTS, ALL ARE LOCATED WITHIN THE VILLAGE OF ELMSFORD.

UM, AND SO WHEN WE LOOKED AT THIS FROM A BULK CRITERIA STANDPOINT, WE REALLY LOOKED AT IT FROM BOTH DIRECTIONS.

NOW, AS DAVID WAS STARTING TO SPEAK TO SOME OF THE BULK CRITERIA IN THE LI DISTRICT, IT'S REALLY THE YARDS AND THE SETBACK.

THERE'S A 40 FOOT FRONT YARD, YARD SET.

DID YOU PULL THAT UP A LITTLE BIT? YEP.

I'M, SO I CAN SEE GONNA ZOOM IN, I CAN SEE THE TABLE BEFORE, BEFORE I DO THAT, IT'S A 40 AND 50 FOOT, UM, UH, EXCUSE ME, 40 FOOT FRONT YARD SETBACK, 50 FOOT REAR OR SIDE YARD SETBACK ON EACH SIDE FOR A TOTAL OF A HUNDRED FEET.

AND IF YOU WERE TO APPLY THOSE SETBACKS TO THIS, IT WOULD REALLY LEAVE JUST A VERY NARROW STRIP OF BUILDING AREA WITHIN THE MIDDLE OF THE SITE.

NOW I'LL ZOOM IN, DON'T FREEZE.

WE LOST IT.

WHERE DID IT GO? IT'S JUST SLOW.

NEED TO GET A FASTER COMPUTER.

YEP.

WELL, YOU USING IT 2 86 IN THIS DAY AND AGE, DIEGO IS, I KNOW .

TIME TO GET A NEW ONE.

SO HOPEFULLY YOU COULD SEE IT NOW.

IT'S BLOWN UP ENOUGH.

YEP.

YEP.

THANK YOU.

SO THIS, THIS SHOWS THE VARIOUS REQUIREMENTS WITHIN THE LI DISTRICT, 15% PRINCIPAL BUILDING COVERAGE, UM, ALL BUILDINGS MAXIMUM OF 20%, 80% IMPERVIOUS COVERAGE.

AND THEN REALLY THE SETBACKS ARE, ARE EXTREMELY CHALLENGING FOR MAJORITY OF THE PROPERTIES IN THIS AREA.

40 FOOT FRONT YARD, 50 FOOT SIDES.

YOU'RE TWO REAR WHEN YOU ADD THE TWO SIDES TOGETHER, A HUNDRED FEET AND ANOTHER 50 FEET IN THE REAR.

MM-HMM.

AGAIN, WHEN YOU JUST APPLY THESE SETBACKS TO VIRTUALLY ALL OF THE PROPERTIES IN THIS AREA, THE BUILDING ENVELOPES THAT YOU CAN CONSTRUCT ON IT, IT'S, IT'S, IT'S ALMOST NEGLIGIBLE ON SOME OF THEM.

SOME OF THEM DON'T EVEN HAVE BUILDABLE BUILDABLE BUILDING AREAS.

MM-HMM.

.

SO, UM, AGAIN, WE LOOKED AT THIS AND THE, UH, BUILDING DEPARTMENT HAD OPINED ON THIS.

THEY PROVIDE US, US WITH A LETTER AND CONFIRM THE VARIANCES THAT WOULD BE REQUIRED.

BUT WHEN YOU GO THROUGH THE LIST, IT'S THE MAJORITY OF THE BULK REQUIREMENTS.

YOUR PRINCIPAL BUILDING COVERAGE EXCEEDS THE 15%, YOUR IMPERVIOUS AREA, YOUR SIDE YARD SETBACKS, YOUR BUILDING HEIGHT, ET CETERA.

UM, ALL OF THOSE VARIOUS THINGS DO GET EXCEEDED.

[01:55:01]

AND WE WOULD BE SEEKING ADVANTAGE AGAIN, AS DAVID WAS ALLUDING TO, I GO BACK TO, UM, THIS EXHIBIT THAT SHOWS, UH, ALL, VIRTUALLY ALL OF THE PROPERTIES, AGAIN, SURROUNDING THIS AREA OR NON-CONFORMING MOST OF THEM FROM A BUILDING COVERAGE STANDPOINT.

UM, UH, AND WHEN WE DO APPLY THIS BUILDING AND LOOK AT THE BULK CRITERIA, WE DO NOT BELIEVE THAT WE ARE PROPOSING SOMETHING, UM, THAT WOULD HAVE ANY TYPE OF NEGATIVE IMPACT ON THIS PROPERTY OR THE SURROUNDING AREA.

DIEGO, I WANNA FOCUS ON PARKING FOR A SECOND, EVEN THOUGH I DON'T KNOW HOW THE PARKING IS ACTUALLY NOT IN ELMSFORD.

I MEAN, IT'S IN ELMSFORD, NOT IN GREENBURG, CORRECT? CORRECT.

SO IS THAT A VARIANCE, THAT VARIANCE ONLY HAS TO BE CONSIDERED BY ELMSFORD OR DO BOTH UH, MUNICIPALITIES HAVE TO CONSIDER THE VARIANCE? UH, THAT IS A GOOD QUESTION.

AND UM, PAUL, CORRECT ME IF I AM WRONG, IT IS A VARIANCE THAT WAS IDENTIFIED BY YOUR BUILDING INSPECTOR, HOWEVER, HE TOOK INTO CONSIDERATION THE PARKING SPACES THAT ARE LOCATED WITHIN THE VILLAGE OF ELMSFORD.

WE STILL NEED A VARIANCE FROM YOUR CODE BECAUSE YOUR CODE INDICATES BASED ON THE CALCULATION, WE REQUIRE 30 PARKING SPACES, WHICH WE BELIEVE I SAW THAT IS WAY OVER PARKED.

UM, BUT IT'S 30 TO 14, WHICH IS WHAT'S PROVIDED NOT 30 TO ZERO.

UH, BECAUSE THEY'RE PROVIDED IN THE ADJACENT MUNICIPAL IS DA IS, IS, I CAN'T SEE DAVE, DAVE, YOU ON RIGHT NOW? NOPE.

I CAN, UH, I'LL STOP SHARING MY SCREEN FOR A MINUTE HERE.

YEAH.

DAVE FREE.

YOU THERE.

COULD YOU, DO YOU KNOW WHAT WE DO IN TERMS OF THAT? I MEAN, ALL THE PARKING AND ALL THE ACTIVITY THERE IS IN ELMSFORD.

SO IS IT, DO WE STILL HAVE JURISDICTION IN TERMS OF REQUIRING A VARIANCE IN GREENBURG? DO YOU KNOW THE ANSWER TO THAT? YOU'RE ON MUTE, DAD.

I KNOW YOU'D RATHER BE ON MUTE, BUT I PREFER YOU NOT TO BE GO AHEAD, .

I I WOULD PREFER TO BE ON MUTE FOR THAT QUESTION.

UM, I, I BELIEVE THE BUILDING IS STILL IN GREENBURG.

UH, I, I MEAN I HAVE TO DEFER TO THE BUILDING INSPECTOR ON THAT.

OKAY.

BUT MY, MY GUT TELLS ME THAT YOU WOULD NEED IT, YOU WOULD STILL NEED IT EVEN KNOW, BUT YOU WOULD.

OKAY.

BUT IN REVIEWING THAT, THEY WOULD CONSIDER WHAT'S, WHAT'S IT ELS FOR MR. CHAIRMAN? JUST TO THROW MY FRIEND MR. FRIDA LIFELINE.

I, I WOULD, I WOULD AGREE WITH HIM.

I THINK THIS IS A, FOR ME, AND I'VE BEEN DOING THIS A LONG TIME, IT'S A CASE OF FIRST IMPRESSION I'VE NEVER SEEN, YOU KNOW, IT'S, IT'S ONE THING TO HAVE A USE THAT, THAT STRADDLES THE MUNICIPAL LINE.

IT'S ANOTHER TO HAVE THE USE WHERE PART OF THE ESSENTIAL ASPECT OF IT, I E PARKING AND LOADING IS ONLY IN ONE OF THE TWO MUNICIPALITIES.

SO, RIGHT.

WE ARE, HUGH, WE'RE PREPARED TO PROCESS IN FRONT OF YOUR ZONING BOARD ALL OF THE VARIANCES THAT MIGHT POSSIBLY ARISE JUST TO COVER OUR BASES.

THAT'S FINE.

SPECIFICALLY, LET ME, LET ME GO AHEAD, DAVE.

ADD ONE OTHER THING BECAUSE WE'VE ACTUALLY SEEN THE, SOMETHING SIMILAR TO THAT IN THE DALEWOOD, UH, PARKING, UH, LAPSE PARTICULARLY, I THINK IT'S, IT'S THE ONE THAT'S THE FURTHEST NORTH.

AND WHAT CON WHAT WE HAVE IN THE PAST DONE IS INCLUDED, ESSENTIALLY INCLUDED THOSE IN THE, IN THERE, BUT I DON'T RECALL THAT WAS A LITTLE BIT DIFFERENT BECAUSE THAT INVOLVED A PARKING WAIVER.

NOT A A, A VARIANCE.

OKAY.

THIS SEEMS, I, IT SOUNDS LIKE THE WAY YOU'RE APPROACHING, IT'S THE SIMPLEST WAY TO APPROACH IT IN THE MOST CONSERVATIVE AND YOU, YOU HAVE TO GO IN FRONT OF THE Z B A ANYWAY, SO YOU MIGHT AS WELL SECOND QUESTION FOR YOU THOUGH, MR. STEINMAN.

UM, THESE ARE LI REQUIREMENTS.

THIS IS A STORAGE FACILITY.

UM, I KNOW YOU DID SOME WORK FOR US ON THE DIFFERENCE IN THE PARKING REQUIREMENTS THERE.

WE HAVE NOT MODIFIED THAT LAW.

YOU JUST GOT A VARIANCE FROM, 'CAUSE I KNOW WE HAD TO DEAL WITH THIS, I THINK ON ONE OF THE STORAGE FACILITIES YOU DID ON NINE A.

SO DIEGO, HELP ME.

WE DID.

SO JUST PUTTING THE ENTIRE PLANNING BOARD ON THE SAME PLAYING FIELD, UH, 'CAUSE SOME OF YOU WEREN'T ON THE BOARD.

UH, J M C AND OUR FIRM HANDLED BOTH THE ORIGINAL, UH, WESTIE APPLICATION AND THEN THE MODIFIED WESTIE APPLICATION ON NINE A, UH, WE DEFINITELY SPENT A GREAT DEAL OF TIME ANALYZING THE REQUISITE PARKING REQUIREMENTS.

I DON'T RECALL OFFHAND WHETHER WE WENT IN FOR A PARKING VARIANCE.

DIEGO, CAN YOU HELP ME WITH THAT? NOT GO IN FOR A PARKING VARIANCE FOR, UH, THE WEST ANNEX BUILDING THAT WAS PROPOSED.

UM, THAT WE WERE ABLE TO COMPLY WITH THIS PARKING

[02:00:01]

REQUIREMENTS.

I THOUGHT, UM, FOR THE NUMBER OF PARKING SPACES, BECAUSE WE HAD, I MEAN, ONE OF THE THINGS, ONE OF THE THINGS THAT OUGHT TO BE CONSIDERED CLEARLY THE, THE NEED FOR, UH, PARKING IN A STORAGE FACILITY HAS TO BE SIGNIFICANTLY LESS THAN A LIGHTER INDUSTRIAL BUILDING.

OKAY.

THERE ARE LESS WORKERS, THERE ARE LESS PEOPLE COMING IN AND OUT.

UM, IT'S SOMETHING WE SHOULD PROBABLY CONSIDER SEPARATE AGAIN, THIS APPLICATION, BUT MM-HMM.

AS A RESULT OF THIS APPLICATION, UH, HAVING SOME KIND OF DIFFERENT PARKING REQUIREMENT FOR, UH, SPECIFICALLY FOR THESE KINDS OF FACILITIES, MR. CHAIRMAN, NO, PRO, WE, WE CERTAINLY HAVE ENOUGH.

THE TOWN HAS ENOUGH EMPIRICAL DATA AVAILABLE TO IT BETWEEN THE, THE TWO ES THAT ARE RIGHT THERE IN, IN THE TOWN.

THE OTHER SELF STORAGE FACILITY.

I THINK THAT YOU RECENTLY GOT IN THE TOWN AND THERE ARE ENOUGH IN THE AREA WE'RE COMFORTABLE SUBMITTING TO YOUR PROFESSIONAL STAFF.

UM, QUITE A BIT OF DATA ON, ON WHAT'S NEEDED.

IT WOULD BE HELPFUL.

IT'D BE HELPFUL.

WE, WE KNOW PARKING IN GENERAL, WE KNOW THAT WE HAVE TO TAKE A LOOK AT PARKING THROUGH SHOPPING CENTERS AND EVERYTHING LIKE LITTLE BY LITTLE WE'RE DOING THAT.

UM, AND WE, WE NEED TO LOOK AT THAT, UH, MORE CLOSELY.

HERE IS A PARTICULAR CASE WHERE IT'S OBVIOUS THERE'S A DIFFERENCE BETWEEN THIS USE IS DIFFERENT THAN IF YOU'RE, YOU KNOW, IF THIS WAS A BREWERY FOR EXAMPLE OR SOMETHING UNDERSTOOD, SOMETHING LIKE THAT.

THINKING AHEAD, WHAT WE, YOU KNOW, WHAT WE REALLY ARE HOPING YOUR BOARD WILL ULTIMATELY BE IN A POSITION TO DO IS TO VIEW THIS APPLICATION ON ITS MERITS.

AND WE'RE HOPING YOU'LL BE IN A POSITION TO MAKE A RECOMMENDATION TO YOUR ZONING BOARD THAT DESPITE THE FACT THAT WE MAY HAVE A LONG LIST OF VARIANCES, NONE OF THEM HAVE ANY KIND OF REAL IMPACT ON THE COMMUNITY.

AND, AND THAT THAT IS WHERE WE ARE HEADED TO GO TO THE ZONING BOARD SOONER RATHER THAN LATER.

AND WOULD OBVIOUSLY MOST PREFER TO DO THAT WITH, WITH, WITH YOUR BLESSING AND YOUR ACKNOWLEDGEMENT BECAUSE, UM, MUCH LIKE AN EARLIER APPLICANT SAID, WE OBVIOUSLY WANT TO KNOW WE'RE GOING THERE WITH SOMETHING THAT YOUR BOARD IS COMFORTABLE WITH.

OKAY.

AND, AND WE HEARD THE SPEECH ON NOTHING'S FINAL AND BINDING.

WE HEARD MR. FRIED ON THAT.

WE GOT THAT.

UM, BUT, BUT YOU KNOW, DIEGO AND I KNOW YOUR BOARD WELL ENOUGH AND WE KNOW YOU SPEAK YOUR MIND, SO, YOU KNOW, OKAY.

WE'LL DISCUSS IT AS WE GO FORWARD.

TERRIFIC.

DIEGO, WERE YOU FINISHED WITH, UH, YOUR PRESENTING? THE, THE ONLY THING, UM, I, I WOULD LIKE TO ADD, I'D BE REMISS IF I DIDN'T BRING IT UP.

AND THIS WAS SOMETHING THAT WAS DISCUSSED LAST TIME.

WE ARE WITHIN THE FLOODPLAIN, UH, IN THIS AREA.

WE ARE SUBJECT TO YOUR FLOODPLAIN ORDINANCE.

I KNOW THAT THE, IS A CONCERN OF THIS BOARD.

WE'VE DESIGNED THE BUILDING AND THE PROJECT IN ACCORDANCE WITH ALL OF YOUR REGULATIONS.

THE BUILDING ITSELF IS, UH, SET AT A SPECIFIC ELEVATION ABOVE THAT.

WE ARE RIGHT ON THE CUSP OF THE ACTUAL FLOODPLAIN.

WE'RE RIGHT ON THE OUTSKIRTS.

ONCE YOU GET INTO HAVEN STREET, THAT'S ACTUALLY WHERE IT PRETTY MUCH ENDS IN THAT AREA.

BUT I DID WANT TO BRING THAT UP.

WE USING, WE USING THE 20, WERE WE, YOU USING THE 25? IS THAT THE 25 YEAR? 100, 100 YEAR DESIGNS.

THE 100.

OKAY.

CORRECT.

SO, YOU KNOW, WE, THE BUILDING IS FULLY COMPLIANT WITH THAT REGULATION.

OKAY.

AND THEN EVEN FROM A STORMWATER MANAGEMENT STANDPOINT, BECAUSE WE ARE REDUCING IMPERVIOUS AREAS HERE, WE ARE EXPECTING A REDUCTION IN FLOW COMING OFF THIS PROPERTY DURING ANY STORM EVENT.

REGARDLESS OF THAT, WE ARE PROVIDING WATER QUALITY STRUCTURES TO TREAT AND MANAGE STORMWATER RUNOFF FROM THIS PROPERTY, REGARDLESS OF IF IT'S FROM THE ROOFTOP OR THE PARKING AREAS.

SO WE DO BELIEVE THAT THIS WOULD BE AN IMPROVEMENT FROM ITS EXISTING CONDITION RIGHT NOW.

OKAY.

UM, ANYTHING ELSE FOR SYSTEMICS IF WE, UH, OPEN IT UP FOR QUESTIONS? OH, NO, I THINK WE'RE GOOD.

WE'RE, WE'RE HAPPY TO ANSWER ANY QUESTIONS YOU'VE GOTTEN OUR AFFIRMATIVE PRESENTATION.

OKAY.

UH, ANYBODY IN THE BOARD HAVE QUESTIONS? CORRECT.

AND THEN WALTER, OH, I THINK, UH, COUPLE OF THINGS.

FIRST, IS THAT WHAT IT WILL LOOK LIKE A COMPLIANT, UH, BUILDING OR THE MASS WOULD LOOK LIKE SO THAT WE GET A, WE GET A SORT OF UNDERSTANDING THAT HOW FAR WE ARE, UH, CHANGING IT IN TERMS OF THE VARIANCE DIAGO.

SO KARI, WE, WE CERTAINLY CAN SHARE, WE, I THINK WE MIGHT HAVE AARON SHARED THAT WITH YOU AND GARRETT BEFORE WE MET WITH THE BOARD, EVEN THE, THE, THE BUILDING.

AND DIEGO OR MIKE ICK COULD PROBABLY HELP ME EXPLAIN THIS, BUT DAVID, DAVID, BUT YOU DON'T HAVE TO EXPLAIN.

JUST SHOW THE SHOW, SHOW IT, SHOW THE, SHOW THE .

THAT'S FINE.

HOW DOES IT LOOK LIKE? AND IT'S ACTUALLY AN OB ABSURD SHADE.

YEAH, THAT'S FINE.

SO JUST, JUST SHOW IT.

YOU DON'T HAVE TO REALLY EXPLAIN.

IT'S EASIER.

VERY GOOD.

YEAH.

UM, THE SECOND ONE IS THAT, UH, UH, I UNDERSTAND THAT, UH,

[02:05:01]

UH, ALL OF THE BUILDINGS ARE NONCOMPLIANT, BUT TWO WRONGS DOESN'T MAKE IT RIGHT.

SO YOU HAVE TO REALLY STILL JUSTIFY ON THE MERITS OF THE OR APPLICATION.

WE, WE FULLY UNDERSTAND THAT.

I DO WANNA RESPOND TO THAT CRE.

YEAH.

JUST SO YOU KNOW, UH, WHILE I COMPLETELY AGREE WITH YOU, TWO WRONGS DON'T MAKE A RIGHT.

THE, THE, THE PRIMARY WRONG IS THAT THE TOWN ZONING CLEARLY IS INCONSISTENT WITH THE TOWN'S DEVELOPMENT PATTERN.

SO WE, WITH, WITH ALL DUE RESPECT, WE ACTUALLY DON'T FEEL LIKE WE'RE DOING ANYTHING WRONG.

UM, WE ACTUALLY FEEL AS, AS THE CHAIR KIND OF IMPLIED EARLIER, THAT THE TOWN'S ALLY ZONING IS, UM, SIMPLY OUT OF TOUCH WITH REALITY, BOTH IN OTHER COMMUNITIES AND EVEN IN ITS OWN COMMUNITY.

SO WE, WE WILL TAKE, WE UNDERSTAND YOUR QUESTION.

WE KNOW WE WILL HAVE TO DEAL WITH THAT IN FRONT OF THE ZONING BOARD, BUT THIS BUILDING IS BEING DEVELOPED THE WAY A LIGHT INDUSTRIAL BUILDING GETS DEVELOPED IN 2022.

OKAY.

MR. STEINER, JUST TO CORRECT, CORRECT THE RECORD.

I WAS ACTUALLY REFERRING TO THE PARKING.

I DIDN'T ACTUALLY OPINE ON THE, ON THE OTHER BULK REQUIREMENTS, BUT I UNDERSTAND YOUR COMMENT.

OKAY.

UM, MRS. I THINK LAST, I THINK, DO YOU HAVE ANOTHER ONE, KURT? YEAH, LAST, THE LAST ONE.

GO AHEAD.

I WANNA HOLD YOU.

UH, IS THAT, HOW DOES I, I UNDER, I, I UNDERSTAND, AND I AGREE WITH YOU THAT SOME OF THIS THING IS VERY OUTDATED AND, UH, AND IT REQUIRES A MAJOR CHANGE IN OUR LOSS.

I HUNDRED PERCENT AGREE WITH THAT.

NOW, ONLY CONCERN I HAVE WHEN YOU HAVE ZERO, UH, DISTANCE TO THE PROPERTY LINE, AND THAT CREATES A, EVEN, EVEN IF IT SAYS SMALL, THREE FEET, FIVE FEET EXCESS, SO THAT THE BUILDING FOR WHEN YOU'RE DOING THE MAINTENANCE AND OTHER REPAIRS, YOU WANT IT TO BE IN YOUR OWN PROPERTY RATHER THAN INTO THE NEIGHBOR'S PROPERTY.

OKAY.

I'M DONE A GOOD POINT.

MR. SIMON, I THINK YOU HAD A QUESTION.

I HAVE SEVERAL, BUT I FIRST WOULD LIKE TO START OFF BY SAYING THAT, UH, WAS THE MARKETING STUDY REPORT IS AN EXCELLENT DOCUMENT.

IT GAVE A LOT OF, UH, GOOD INFORMATION AND CLEAR JUSTIFICATION WHERE THAT THERE'S A SHORTAGE OF STORAGE SPACE IN THE AREA.

SO THAT'S CLEARED.

I MEAN, IT'S WELL DOCUMENTED HERE.

UH, MY CONCERN, HOWEVER, IS THAT ALTHOUGH THERE'S A NEED FOR STORAGE, WHY, WHAT IS THE JUSTIFICATION FOR HAVING THAT CONCENTRATION IN GREENBERG AND SPECIFICALLY IN ONE AREA OF GREENBERG? BECAUSE IF YOU GO TO YOU A PAGE 33, IT OUTLINES THE THREE YEAR, UH, THREE MILE RADIUS.

HOWEVER, THE FOUR IN THE MIDDLE ARE WITHIN A ONE MILE RADIUS.

SO THERE'S A SUPER CONCENTRATION RIGHT IN THAT AREA AND, AND IN THE AREA WHERE YOUR PROJECT IS GOING IN.

SO I'M VERY CONCERNED ABOUT THE CONCENTRATION OF STORAGE FACILITIES, UH, IN NOT ONLY THE TOWN, BUT MORE SPECIFICALLY IN ONE AREA OF THE TOWN.

THE OTHER THING IS, UH, YES, WE RECOGNIZE THAT THERE IS A SIGNIFICANT DIFFERENCE IN THE BULK DENSITY IN ELSWORTH AND, AND, AND GREENBERG.

SO WE KNOW THAT.

HOWEVER, IF YOU LOOK AT THAT PROJECT, YOU MAX OUT THE SIZE, IT GOES RIGHT UP TO THE, UH, THE ZERO JUST SURROUND THE PROPERTY.

SO MY QUESTION IS, CAN YOU KNOW, TAKE INTO ACCOUNT THE DIFFERENCE IN BULK DENSITY.

CAN YOU COME UP WITH A, A PROJECT THAT IS, YOU KNOW, COST EFFECTIVE, BUT ISN'T THE MAXIMUM SIZE FOR THAT LOT? BECAUSE I THINK YOUR DIAGRAM MAXES EVERYTHING OUT.

SO THE QUESTION IS, DO YOU HAVE TO MAX OUT EVERYTHING? UH, THE OTHER ISSUE, WHICH HELP ME, UM, IS OKAY, IF YOU GO TO THE DIAGRAM WHERE YOU HAVE, UH, WHERE THE HANDICAPPED PARKING IS, UH, THE HANDICAPPED PARKING IS, OH, LET ME SEE IF I HAD THE DIAGRAM.

IF YOU LOOK AT THE DIAGRAM, IT'S TO YOUR RIGHT, IT'S, IT'S THE HANDICAPPED PARKING IS CLOSER TO ONE ENTRANCE OF THE PROPERTY.

SO CARS GET COMING IN, THERE'S A RE RELATIVELY

[02:10:01]

SHORT DISTANCE.

IF YOU JUST FLIP THE HANDICAPPED PARKING TO THE OTHER SIDE, YOU GET A GREATER DISTANCE FROM THE ENTRANCE.

AND POSSIBLY IF YOU JUST MOVE, UH, THE CROSS WAR WAR AND THE HANDICAPPED PARKING REAL CLOSER, BUT TAKE, BUT YOU THEN YOU HAVE A, YOU HAVE A RESTRICTION BECAUSE YOU HAVE THE LOADING DOCK THERE.

SO, YOU KNOW, THERE'S SO MUCH YOU CAN MOVE IT, BUT THE SIMPLEST THING YOU COULD DO IS JUST FLIP THE HANDICAPPED PARKING FROM ONE SIDE OF THE CROSSWALK TO THE OTHER SIDE.

SO THERE'LL BE THE WIDTH, YOU KNOW, MAYBE 20, I DON'T KNOW WHAT THAT DISTANCE BE, 20, 25 FEET FURTHER AWAY FROM THE ENTRANCE INTO THE FACILITY.

SO THAT'S SOMETHING TO BEGIN.

AND THE, AND, UH, THE LAST THING I WAS TRYING TO MAKE SENSE OF, OF THE PARKING, UH, BECAUSE ON YOUR, UM, ON YOUR PLANS ON PAGE C 100, YOU INDICATE ONLY ONE PARKING SPACE.

OKAY? OH, YEAH.

THAT'S THE PLAN, THOUGH, WHAT I'M TALKING ABOUT HERE, UH, NHE AVENUE, IF YOU JUST FLIP THE PARKING SPACE OVER TO THE LEFT SIDE, THEN YOU'LL GET THAT ADDITIONAL DISTANCE AWAY FROM THE ENTRANCE.

OKAY.

BUT ON THIS DIAGRAM, IT ONLY INDICATES ONE PARKING SPACE.

IF YOU GO TO C 9 0 1, THERE'S A PICTURE OF FIVE PARKING SPACES.

THEN WHEN YOU GO TO C, TRIPLE ZERO IS 14 SPACES.

SO I DON'T KNOW IF, I'M JUST TRYING TO READ IT AND UNDERSTAND WHY THERE'S A DIFFERENCE IN PARKING SPACES.

I ASSUME BECAUSE OF THIS SITE IS IN TWO JURISDICTIONS, THAT THAT MIGHT CAUSE A DIFFERENCE IN THESE NUMBERS.

BUT I'M JUST TRYING TO UNDERSTAND THEM.

BUT SHOULD WE CLARIFY JUST A COUPLE OF POINTS? I THINK YEAH, IT WOULD BE WALTER, FIRST OF ALL, WALTER, YOU, DO YOU, DON DO YOU HAVE ANY OTHER COMMENTS BEFORE? NO, NO, THOSE ARE MY QUESTIONS.

DIEGO RESPONSE.

DIEGO, GO AHEAD.

YEAH, I, I THINK, I MEAN, THERE'S A COUPLE OF THINGS THAT I THINK WE NEED TO STEP BACK AND LOOK AT THE COMMENTS REGARDING, YOU KNOW, MAXING OUT THE SIZE OF THE BUILDING.

I JUST, I DON'T THINK THAT'S SOMETHING WE CAN NECESSARILY RE RESPOND TO THIS EVENING.

BUT AS FAR AS YOUR LAST TWO COMMENTS, YOU KNOW, MOVING THE ACCESSIBLE SPACE OVER, IF THAT'S SOMETHING THE BOARD WOULD LIKE, I DON'T SEE ANY ISSUE WITH THAT WHATSOEVER.

I MEAN, SHIFTING IT FROM ONE SIDE OF THE ACCESSIBLE AISLE TO THE OTHER IS, IS OKAY.

UM, I BELIEVE THE NUMBERS THAT YOU'RE REFER REFERRING TO, THE REASON WHY THAT YOU'RE SEEING DIFFERENT NUMBERS IN DIFFERENT PLACES, THE NUMBERS ONE REFERS TO THE ACCESSIBLE PARKING SPACES THAT ARE BEING PROVIDED.

UM, BASED ON THE TOTAL NUMBER OF PARKING 14, WE ONLY NEED ONE ACCESSIBLE SPACE BECAUSE WE'RE LESS THAN 25 PARKING SPACES.

SO THERE'S A NOTATION FOR ONE H ON C 100 C 0 0 0 PROVIDES IN THE SUMMARY A TOTAL OF 14 SPACES.

THERE ARE 14 SPACES THAT ARE BEING PROVIDED.

SO THAT'S WHY YOU SEE THE DIFFERENCE IN THE NUMBER THERE.

OKAY.

C THREE, THE, THE DETAIL SHEET, UM, C 9 0 1, THAT IS A HANDICAP ACCESSIBLE DETAIL.

THAT'S JUST PROVIDING THE INFORMATION ON THE DIMENSIONS.

AND I, I APOLOGIZE, IT IS CONFUSING BECAUSE USUALLY WE DEAL WITH MORE THAN ONE, BUT OUR STANDARD DETAIL JUST SHOWS A BAY OF ACCESSIBLE SPACES TOGETHER, AND THAT'S INTENDED TO PROVIDE DETAILED DIMENSIONS TO THE CONTRACTOR.

THAT'S NOT WHAT IS BEING PROVIDED HERE.

THAT'S JUST THE DETAIL OF THE DIMENSIONAL REQUIREMENTS AND THE BOLLARDS.

AND THE STRIPING HAS NOTHING TO DO WITH WHAT'S ACTUALLY PROPOSED ON THE PLAN.

THAT'S JUST A, A CONSTRUCTION DETAIL ASSOCIATED.

OKAY.

THAT'S CLEAR.

THANK YOU FOR THAT CLARIFICATION.

YEAH.

SO THE, THE, THE PARKING SPACE IS JUST TO BE CLEAR, IT'S 14 TOTAL, ONE OF WHICH IS ACCESSIBLE.

OKAY.

OKAY.

ANY OTHER QUESTIONS FROM THE BOARD? OKAY.

BUT, UH, LET, LET ME JUST THE, UH, MY FIRST TWO, MY FIRST TWO, IS THAT SOMETHING YOU'LL TAKE A LOOK AT OR WHAT? IT'S, IN TERMS OF THE CONCENTRATION AND THE, AND THE, THE OTHER THING IN TERMS OF, UH, IT APPEARS THAT YOU MAXIMIZE THE SIZE OF THE BUILDING.

SO DIEGO, I'M HAPPY TO ON THAT.

YEAH.

AGAIN, YEAH, GO AHEAD DAVID.

SO, UM, WE CAN CERTAINLY ANSWER THE, THE CONCENTRATION.

I, I DON'T KNOW WHETHER DINO PREFERS TO DO THAT TONIGHT OR TO, TO TAKE LOOK AT THE DATA.

UM, BUT I JUST, I WANNA RESPOND VERY

[02:15:01]

BRIEFLY ON THE, ON THE MAXIMIZE.

THERE'S, THERE'S NO QUESTION THAT WHAT YOU'RE SEEING, UH, WALTER, AS YOU VIEW IT IN THE GREENBERG CONTEXT, IS, IS BEING MAXIMIZED.

BUT WE ARE COMPLIANT WITH THE CRITERIA THAT HAVE BEEN SET FORTH UNDER THE ELMSFORD CODE.

SO TO THE EXTENT THAT WE THINK THE BULK OF THE SITE GEO GEOMETRICALLY, UM, IS IN, UH, ELMSFORD AND THE CIRCULATION, ET CETERA IS COMING FROM ELMSFORD, WE ACTUALLY PATTERNED THE DEVELOPMENT OFF OF THE ELMSFORD CRITERIA, RESPONDING TO CRETS QUESTION EARLIER, WE'LL SHOW YOU WHAT THE BUILDING WOULD'VE LOOKED LIKE IF WE APPLIED THE ENTIRETY OF THE GREENBERG CRITERIA.

I THINK YOU'LL UNDERSTAND WHY WE CHOSE ONE OVER THE OTHER.

BUT FINALLY, UM, WHILE YOU'RE ABSOLUTELY RIGHT THAT OUR CLIENT IS TRYING TO, TO MAKE THE MAXIMUM POTENTIAL, UH, USE OF THE PROPERTY IN WHAT THEY THINK IS A FAIR AND REA COMMERCIALLY REASONABLE FASHION.

WHEN WE PRESENT TO THE ZONING BOARD, AND THEY'RE PROBABLY A LITTLE BIT MORE FAMILIAR WITH THE LEGAL STANDARD AND THE FIVE FACTOR TEST AND THE APPLICABLE CASE LAW, THE FIVE FACTOR TEST BOILS DOWN TO THE BENEFIT TO THE APPLICANT WEIGHED AGAINST THE DETRIMENT TO THE SURROUNDING COMMUNITY.

WE DON'T BELIEVE, WALTER, THAT THERE REALLY IS A DETRIMENT TO THE SURROUNDING COMMUNITY.

DIEGO, IF YOU COULD QUICKLY SHARE SCREEN WITH THE, WITH THE VISUAL, WE ACTUALLY BELIEVE, AND WE'VE SPOKEN WITH SOME OF THE NEIGHBORS, THIS IS ACT, THIS IS GOING TO BE THE NICEST BUILDING IN THAT, IN THAT LIGHTING.

DAVID, I THINK YOU'RE MISSING A POINT THOUGH.

OKAY.

UM, YOU KNOW, YOU ASKED FOR, FOR FRANK, FRANK OPINIONS YES.

FROM THE BOARD AND YOU GOT IT.

AND I THINK IT'S SOMETHING THAT'S A CONCERN.

I, I DON'T THINK, I THINK THE, THE ISSUE YOU HEARD, AND, AND I'LL GO BACK TO YOUR FIVE FACTORS 'CAUSE IN A SECOND.

'CAUSE I THINK IT'S IMPORTANT, IS IT IS REALLY RELATED TO THE ZERO CLEARANCE.

UH, AND COR BROUGHT UP SOMETHING THAT IS A DETRIMENT TO THE NEIGHBOR, WHICH IS FOR SOMEONE TO DO MAINTENANCE ON THAT SIDE OF THE BUILDING, THEY'RE GOING TO HAVE TO ESSENTIALLY TRESPASS OF THE NEIGHBOR.

THEY WOULD'VE BROUGHT UP A LADDER OR ANYTHING LIKE THAT.

IF YOU'RE RIGHT ON THE PROPERTY LINE, THEY CAN'T DO THAT.

OKAY.

THAT'S A LIABILITY ISSUE.

THERE ARE ALL SORTS OF ISSUES WITH THAT.

SO THERE IS A DIFFERENCE BETWEEN ZERO AND FOUR FEET.

OKAY.

I DON'T KNOW.

SO I, I, I, I THINK YOU'VE HEARD THAT LOUD AND CLEAR, BOTH FROM, FROM COR AND FROM WALTER.

AND I, I SUPPORT THE POINT OF VIEW ON THAT.

THE O YOU KNOW, THE OTHER BULK REQUIREMENTS, YOU KNOW, THE BUILDING IS DEFINITELY A LOT NICER THAN ANYTHING ELSE THAT'S IN THAT, THAT NEIGHBORHOOD.

THAT, THAT, THAT'S FOR SURE.

BUT THERE'S A REASON WHY PEOPLE DO SETBACKS AND KOREA GAVE YOU A VERY GOOD REASON FROM A SAFETY POINT OF VIEW.

MM-HMM.

, WHY, WHY YOU SHOULD DO A SET SETBACK OR EVEN A FIRE.

THE FIRE, IF YOU HAVE A FIRE ON THAT SIDE OF THE BUILDING, THE FIREMEN ARE GONNA HAVE TO GO ON THE OTHER PROPERTY OF NO ACCESS ON THAT SIDE OF THE BUILDING, TECHNICALLY.

UNDERSTOOD.

WE'RE APPRECIATE THE COMMENTS, APPRECIATE THE CLARIFICATION, MR. CHAIRMAN, AND LET US TAKE A LOOK AT IT.

OKAY.

NOW COMES THE TRICKY PART.

OKAY.

THAT WAS THE EASY PART.

UH, TOM, I'M SORRY, GO AHEAD.

YEAH.

UM, IN THIS DISCUSSION, YOU KNOW, AND SEEING THAT PICTURE, YEAH, IT'S, IT'S BEAUTIFUL.

HOW MUCH TALLER IS IT OR HOW DOES IT COMPARE IN HEIGHT VERSUS THE OTHER BUILDINGS? GOOD QUESTION.

AERIAL VIEW DOESN'T SHOW THAT, BUT IT, YOU KNOW, IT'S, UM, IT COULD BE, UH, IT COULD REALLY STAND OUT IN TERMS OF SIZE VERSUS THE NEIGHBORHOOD.

AND THAT'S SOMETHING I'D LIKE TO UNDERSTAND.

I, I WILL GET SOME INFORMATION ON THAT.

I DON'T KNOW OFF THE TOP OF MY HEAD FOR COMPARATIVE PURPOSES, BUT WE CAN CERTAINLY PROVIDE, UM, SOME ADDITIONAL INFORMATION ON THAT PIECE OF IT.

I DID, UM, JUST TO ADDRESS, UH, UM, CAR'S COMMENTS, I JUST DID DO SOMETHING VERY QUICKLY.

I THINK IT'S HELPFUL IF I SHARE THIS WITH THE BOARD.

UM, GIMME A PICTURE OF A PENCIL, ISN'T IT DIEGO? I KNOW THREE MUCH.

IT'S PRETTY MUCH , NOT QUITE A PENCIL, IT'S THE ERASER OF THE PENCIL.

BUT, YOU KNOW, THIS IS THE SITE PLAN AS, AS CURRENTLY SHOWN.

AND IF WE WERE TO APPLY THE SETBACKS ON THE GREENBERG PORTION OF THE PROPERTY, THAT WOULD BE YOUR BUILDABLE AREA IN THE CENTER OF THE BUILDING.

THIS IS THE SETBACKS THAT ARE PERMITTED WITHIN ELMSFORD.

SO ESSENTIALLY THIS THICK RED LINE IS WHAT THAT BUILDING WOULD HAVE TO LOOK.

BUT WHAT, WHAT DO YOU LOSE ABOUT 30%, UH, AREA BY DOING THAT? ON, ON THE, ON THE GREENBERG SIDE? OH, IN TOTAL, IN TOTAL OF THE BUILDING, YOU LOSE ABOUT 30% IT LOOKS LIKE ROUGHLY.

UH, I'D SAY IT WILL CLOSE ENOUGH MORE THAT I THINK, I THINK IT'S A BIT MORE, UH, OKAY, MR. CHAIRMAN, BUT I, I CAN GET YOU AN EXACT NUMBER, BUT IT IS, IT IS SIGNIFICANT.

IT IS A SIGNIFICANT AMOUNT.

OKAY.

I, I THINK THAT'S GOOD.

KURT, DOES THAT SATISFY YOUR QUESTION ON

[02:20:01]

THAT? CORRECT.

YOU THERE? I THINK HE MAY HAVE STEPPED AWAY.

I'M NOT SURE.

UM, I THINK IT'S, IT SHOWS ON A PLAN, BUT I THINK IT'D BE A GOOD IDEA TO SHOW IN THREE DIMENSIONS SO WE UNDERSTAND THE BULK ALSO.

SO, UH, OKAY.

WELL WE NEED TO, YEAH, I THINK IF YOU COULD DO A HEIGHT THING, YOU KNOW, WITH USING GOOGLE, WHAT, GOOGLE OR SOMETHING LIKE THAT, DIEGO WOULD BE HELPFUL.

JUST SO WE HAVE AN IDEA.

THE BUILDING FOOTPRINT WOULD GO FROM ABOUT 29,000 SQUARE FEET TO 17,000 SQUARE FEET.

OKAY.

OKAY.

SO I'M NOT, I WASN'T OFF BY THAT MUCH.

NO, BUT, BUT I THINK YOU'RE MISSING MY POINT.

I'M NOT TALKING ABOUT GOING TO EITHER EXTREME.

MM-HMM.

, I'M NOT TALKING ABOUT A BUILDING LIKE THIS WHERE IT IS PROBABLY UNPROFITABLE TO BUILD OR A BUILDING WHERE YOU MAX OUT.

THOSE ARE TWO EXTREME, MR. MR. STEVEN THAT SOMETHING IN, YOU KNOW, THAT'S WHAT I'M SAYING.

YEAH.

THE, THE EXHIBIT WASN'T INTENDED TO ADDRESS YOUR COMMENT.

IT WAS INTENDED TO ADDRESS TZ, WHICH WAS OH YEAH, NO, NO, NO, NO, NO, NO, NO.

YOUR, YOUR REFERENCE TO, YOU KNOW, SLIGHT REDUCTION, FOUR FEET, FIVE FEET, A LITTLE BIT OF EXTRA ROOM, THAT'S A DIFFERENT ANALYSIS.

AND WE COULD CERTAINLY LOOK AT THAT AND OUR CLIENT'S GONNA TAKE YOUR QUESTION.

YEAH.

WALTER UNDER ADVISEMENT AND WE'LL RESPOND TO THAT.

WE HEAR MON DO YOUR HAND UP.

OH, NO, I, I WAS JUST NUDGING IN A LITTLE .

YOU'RE JUST BEING EXASPERATED.

OKAY.

YES.

ALL RIGHT.

THE, THE TRICKY PART NOW FOR US AS A BOARD IS TO DECIDE WHAT TO DO WITH THIS.

OKAY, KAREN? YES.

I JUST WANTED TO ASK, BECAUSE MR. STEIN'S BROUGHT UP THE ZONING BOARD.

UM, DO YOU HAVE A CALENDAR DATE WITH THE ZONING BOARD AS OF YET? NO, WE, WE, UM, DOMINIQUE, UNLESS I'M MISUNDERSTANDING THAT WE DID NOT FILE AND, UH, SECURE DATE.

CORRECT.

OKAY.

NO, WE HAVEN'T YET.

SO, SO AARON, WE, WE, WE GENUINELY WANTED TO DO THIS MEETING.

WE AS, UM, AS AARON KNOWS, I'VE BEEN BUGGING HIM TO GET ON THIS AGENDA FOR A, A WHILE NOW.

SO WE VERY MUCH APPRECIATE HAVING SECURED A SPOT ON THIS AGENDA.

WE, WE NEEDED TO HAVE THIS FRANK CONVERSATION WITH YOUR BOARD FOR ALL THE REASONS THAT YOU HAVE, YOU HAVE RAISED WITH US, AND THAT'S, IT'S BEEN, IT'S, IT'S OUR SCHEDULE.

A LOT OF IT HAS TO DO WITH, WITH A PROJECT THAT IS NEAR AND DEAR TO YOUR HEART, HAS TIED, HAD A LOT OF OUR TIME OVER THE LAST FEW MONTHS AS YOU, YOU CAN IMAGINE.

I ONLY HAVE ONE CLIENT, MR. CHAIRMAN, AND THAT'S RENARD.

THAT'S IT.

OKAY.

ALL RIGHT.

UM, WE HAVE A, WE HAVE A FEW OPTIONS HERE.

OKAY.

UM, BEFORE YOU KIND OF GO TO THE NEXT, I THINK JUST WANTED TO, UH, GONNA, UH, ENHANCE WHAT WALTER WAS SAYING IS THAT, THAT IT, IT'S NOT, UH, THIS OR WHAT IS MINIMAL? IT IS, IT IS.

THERE IS THE IN BETWEEN.

AND IF YOU CAN SORT OF SHOW US THE STEPS THAT YOU CAN DO, LIKE SAY, UH, 10 FEET IN THE BACK, THE, IF YOU CAN MEET SOME OF THE, UH, KIND OF VARIANCE THINGS, IT WOULD BE, IT WOULD BE VERY, UH, VERY APPROPRIATE.

AND IT COULD BE ALSO THAT YOU MIGHT, UM, YOU MIGHT, YOU MIGHT NEED A VARIANCE IN HEIGHT, MAYBE HAVE ONE MORE FLOW FLOOR, UH, AND IT, IT WOULD MEET OTHER CRITERIA.

SO IT'S KIND OF LIKE A, LOOKING AT IT, UH, WHAT IF SCENARIOS IF YOU CAN HAVE A COUPLE OF THEM.

SO IT, UH, IT IS WHAT WALTER'S, UH, ARGUMENT IS THAT WHY YOU HAVE TO BE DO ALL AND, AND AS A PLANNING BOARD, WE ARE CONCERNED ABOUT THE TOO MUCH HIGH CONCENTRATION ON ONE AREA VERSUS THAT IS .

OKAY.

SO, UM, ALL RIGHT.

THAT'S IT.

I DON'T, I DON'T THINK WE'RE IN A POSITION TO MAKE A RECOMMENDATION TO THE, UH, ZONING BOARD UNTIL WE SEE THAT ALTERNATE, TO BE QUITE HONEST.

HMM.

THE ONLY DECISION I WOULD LIKE TO MAKE TONIGHT IS WHERE WE STAND ON SEEKER.

UM, THE MAJORITY, TO MY VIEW, THE MAJORITY OF THE ISSUE IS REALLY THE PURVIEW OF THE ZONING BOARD, NOT THE PLANNING BOARD.

AND, UM, YOU KNOW, OUR, WE HAVE SITE PLAN APPROVAL IN, IN THIS, BUT AT THE END OF THE DAY, IT'S REALLY, THE DECISIONS ARE REALLY GONNA BE ON THE VARIANCES, IS IS GONNA GO INTO WHAT, YOU KNOW, WHAT, UH, WHAT WILL DECIDE HOW THIS PROJECT MOVES FORWARD.

I'D RECOMMEND THAT WE, WE TELL THE ZONING BOARD THAT, UH, WE DEFER TO THEM OR TO, TO THE VILLAGE OF ELMSFORD TO BE LEAD AGENCY.

I THINK ACTUALLY PROBABLY SHOULD BE THE ZONING BOARD, GIVEN THAT'S WHERE THE VARIANCES ARE.

BUT THAT'S UP TO THEM.

BUT I DON'T THINK IT REALLY SHOULD BE US.

ANY ANYBODY HAVE A COMMENT ON THAT? I AGREE WITH YOU.

I THINK YOU IKA YEAH, I, YEAH, THAT OKAY.

I, I AGREE

[02:25:01]

AS WELL.

OKAY.

NOW, ALAN, I DO, I KNOW WE'RE GETTING BACKED UP.

THAT'S MY ONLY CONCERN.

I DO THINK WE NEED TO SEE THE ALTERNATE, AN ALTERNATE PLAN.

UM, IF, IF THEY WANT US TO MAKE ANY KIND OF A RECOMMENDATION OTHER THAN NEUTRAL OR NEGATIVE AT THIS POINT, TO BE QUITE HONEST, AND I'M NOT SAYING WE'LL EVER MAKE A POSITIVE ONE TO AT LEAST CONSIDER WHAT THAT'LL BE.

WE NEED TO SEE THE ALTERNATIVES, I THINK.

MM-HMM.

, YES, I, I AGREE WITH THAT FULLY.

UM, IN TERMS OF SCHEDULING, I ALSO WANTED TO ASK THE APPLICANT IF AND WHEN IT WOULD BE BEFORE THE VILLAGE, UM, FOR ANY, YOU KNOW, BOARD RELATED MEETINGS.

I DON'T KNOW IF YOU'RE MEETING WITH THE VILLAGE COUNCIL OR THE PLANNING BOARD OR BOTH IN THAT MUNICIPALITY.

YOU'RE ON MUTE, DAVID.

THANK YOU.

UM, SORRY ABOUT THAT.

RESPONDING AS ACCURATELY AS I CAN TO THAT QUESTION.

UM, AS I THINK YOUR STAFF KNOWS, WE'VE BEEN TRYING VERY DILIGENTLY TO COPY THE VILLAGE ON EVERYTHING WE'RE SUBMITTING TO YOU AND COPYING THE TOWN ON EVERYTHING WE'RE SENDING TO THE VILLAGE.

WE KNOW THAT THE, THE, THE MORE CHALLENGING LIFT IS CLEARLY WITH THE TOWN BECAUSE OF THEI ZONING.

SO THE SHORT ANSWER IS THOUGH, I THOUGH I THOUGHT THAT, THAT, THAT OUR TEAM WOULD, WOULD TRY TO MOVE QUICKLY INTO THE VILLAGE AFTER THIS.

I NOW FEEL THAT I WANT AN OPPORTUNITY TO REGROUP WITH MY CLIENTS BECAUSE IF WE'RE GOING TO MAKE CHANGES TO THE BUILDING IN LIGHT OF THE VARIOUS, UM, INSIGHTFUL COMMENTS YOU'VE MADE TO US TONIGHT, WE NEED TO DO THAT.

WE NEED TO DO THAT AS A TEAM.

WE NEED TO MAKE SURE THE SITE WORKS.

WE PROBABLY NEED TO COME BACK BEFORE YOUR BOARD AND THEN GO TO THE VILLAGE.

SO, UM, DINO OR TOM, UNLESS YOU WANT TO PREEMPT ME, MY, IN MY INDICATION WOULD BE, AND MY STRATEGIC RECOMMENDATION WOULD BE THAT WE NEED ONE MORE SUBSTANTIVE MEETING WITH YOUR BOARD, UH, BEFORE WE GO TO THE ZONING BOARD AND BEFORE WE GO TO BACK, BEFORE WE GO TO THE VILLAGE OF BOUNDS.

THAT'S WHAT I THINK TOO.

BUT IN, IN REAL, IN REALITY, SINCE THE ZONING BOARD ONLY MEETS ONCE A MONTH ON THE THIRD THURSDAY ANYWAY, YOU'RE NOT GETTING ON THE APRIL OR APRIL CALENDAR, WE KNOW THAT, RIGHT? YEP.

SO IF WE, IF WE PUT THIS ON FOR OUR FIRST MEETING IN MAY, AARON, I, I THINK THAT GIVES US TIME TO DO A RECOMMENDATION, GET A RECOMMENDATION OUT TO THE Z B A AND TIME FOR MAY MEETING IF, IF YOU APPLY TO THE Z B A BY THEN, DIEGO, MIKE PAUL, CAN YOU, DO YOU THINK YOU GUYS CAN GENERATE THE DESIGN MODIFICATIONS IN CONJUNCTION WITH DINO AND TOM TO BE ABLE TO HIT THOSE DATES? AND I DON'T WANNA PUT YOU ON THE SPOT, BUT IS THAT NO, I, I, I DO BELIEVE, I THINK IT'S GONNA BE A CONVERSATION THAT WE NEED TO HAVE WITH THE CLIENT, BUT YOU KNOW, AS FAR AS GETTING A PACKAGE TOGETHER AND GETTING UPDATED, WE SHOULD BE ABLE TO PUT SOMETHING TOGETHER.

I DON'T SEE AARON, AARON, SO, YEAH, I, I, THE SCHEDULING WISE, I, I'M IN AGREEMENT WITH MR. SCHWARTZ.

YOU'RE NOT GONNA HIT, EVEN THOUGH THE ZBA A'S MEETING LATER THIS MONTH, YOU'RE NOT GONNA HIT THAT APRIL 28TH DATE.

SO THAT PUTS YOU INTO, UH, POSSIBLY MAY 19TH I BELIEVE MIGHT BE THE, THE ZONING BOARD MEETING.

WE DO HAVE A MAY 4TH MEETING AND A MAY 18TH MEETING.

SO WE DO HAVE TWO MEETINGS BEFORE THE NEXT ZONING BOARD MEETING IN MAY.

UM, WITH RESPECT TO THE FOURTH, IF YOU GUYS ARE ABLE TO MAKE A SUBMISSION EIGHT DAYS BEFORE THAT DATE, UH, WE COULD LIKELY GET YOU ON FOR THE FOURTH.

AND IF YOU'RE RUNNING INTO ANY ISSUES OR YOU NEED MORE TIME, JUST COMMUNICATE WITH US.

I'LL RELAY IT BACK TO THE CHAIR AND WE'LL PROCEED ACCORDINGLY.

THAT'S TERRIFIC.

I PREFER, I PREFER IT ON THE FOURTH SO WE COULD, YOU KNOW, DIGEST IT AND THEN VOTE ON THE 18TH THE DAY BEFORE THE Z B A MEETING.

THAT'S WHAT I PREFER TO DO.

WE WOULD VERY MUCH APPRECIATE IF YOU COULD KEEP A PLACEHOLDER TO TRY TO GET US IN ON THE FOURTH BALL'S IN OUR COURT TO GET YOU THE DOCUMENTATION.

AND THIS HAS BEEN, THIS, THIS MEETING TONIGHT, FOLKS, REALLY HAS BEEN EVERYTHING WE, WE WANTED AND NEEDED AND, AND THEN SOME.

SO WE APPRECIATE, UM, THE, THE CANDID DIALOGUE.

WHETHER WE AGREE WITH EVERYTHING OR NOT IS, IS NOT THE ISSUE.

THE FACT IS YOU GAVE US A LOT OF GOOD INPUT AND WE'RE GONNA HAVE TO PIVOT AND MAKE SOME CHANGES.

SO WE APPRECIATE IT.

OKAY.

I THINK THANK YOU VERY MUCH AND WE'LL SEE YOU THANK YOU IN A FEW WEEKS.

OKAY.

HAPPY EASTER.

HAPPY PASSOVER TO EVERYBODY OUT THERE.

SO, WELL THANK BE, ONCE WE CLOSE THE MEETING, I WOULD LIKE TO SPEAK TO MR. BODEN ON SOMETHING I THINK HE'D BE INTERESTED IN.

IT HAS NOTHING TO DO WITH THE PLANNING BOARD MEETING, BUT ONCE YOU CLOSE THE MEETING, I'D JUST LIKE TO SPEAK TO YOU MR. BODEN.

OKAY.

SO WE'LL TAKE IT OFF RECORD RECORDING THEN EVERYONE YEAH IT OFF RECORD EVERYONE YOU CAN.

AARON, IF YOU CAN FLIP ME THAT RECOMMENDATION FROM EARLIER IN THE EVENING, THAT WOULD BE

[02:30:01]

HELPFUL TO SEE THAT.

OKAY.

WILL DO.

WHENEVER YOU GET A CHANCE.

GOODNIGHT EVERYBODY.

THANK YOU ALL.

GOODNIGHT.

TAKE CARE EVERYONE.

BYE.

HAPPY HOLIDAYS.

YOU GO TO TRANS THE RECORDING? YES.

YEAH.