Apr 28, 2022 Zoning Board of Appeals

UM, LET ME GO BACK TO MY PICTURE HERE.

I'VE GOT THIS NEW SCREEN UP THAT'S DRIVING ME A LITTLE CRAZY, BUT I'VE GOT IT.

I, AND IF YOU NEED ASSISTANCE WITH THAT, I THINK CAROL, UH, CAN CERTAINLY, UH, CALL OUT THE ZONING BOARD MEMBERS TENANTS.

OKAY? YES.

UH, YES.

BEFORE YOU START, I JUST WANTED TO SAY THAT THE FIRST CASE IS C B A CASE 22 DASH OH 4/6/25 DOB STER ROAD.

YOU'RE ABSOLUTELY RIGHT.

PLEASE CORRECT THE RECORD WITH THAT.

AND NOW WE'LL HAVE A ROLL CALL.

I DON'T SEE EVERYONE, SO THAT'S WHY I'M WAITING.

, OH, I'M NOT SURE IF SHAUNA IS ON YET.

SHE'S IN CALIFORNIA.

SO I THINK AT THE PRESENT, UM, NEW, NEW E B A MEMBER SHAUNA KINSON IS, IS NOT PRESENT.

AND I BELIEVE WILLIAM BLAND IS ALSO NOT PRESENT.

THAT'S WHO'S PRESENT.

SO WE HAVE 1, 2, 3, 4, 5, 6, CORRECT.

FIVE TOTAL PRESENT.

FIVE.

WAIT.

IF SHAUNA COMES, SHE'LL BE SIX.

SO NOW LET'S MOVE ON TO OUR AGENDA AND IS INDICATED CASE TWENTY TWO OH FOUR SIX TWENTY FIVE DOBS FERRY REALTY, L L C AND D J M REALTY PROPERTY AT SIX TWENTY FIVE DOBS FERRY ROAD, WHICH IS A BIG CASE.

AND WHO DO WE HAVE HERE? GOOD EVENING, MADAM CHAIRMAN.

UH, MY NAME IS KEITH PETSKI AND I AM THE ATTORNEY FOR THE APPLICANT.

TOTALING APPROXIMATELY 3,540 SQUARE FEET AND CONSTRUCT AN APPROXIMATELY 4,000 SQUARE FOOT FARM MARKET AT THE PROPERTY.

UM, THANK YOU.

UH, AS YOU MAY RECALL, UM, I REPRESENT THE APPLICANT WITH RESPECT TO SIX TWENTY FIVE DOBBS FERRY ROAD, ALSO KNOWN AS CARLSON'S NURSERY.

OUR GOAL TONIGHT IS TO SUMMARIZE THE RESPONSE THAT WE RECENTLY FILED, UM, TO THE ZONING BOARD'S, QUESTIONS AND COMMENTS AT THE LAST MEETING, AND TO ASK THE BOARD TO DECLARE ITS INTENT TO ACT AS LEAD AGENCY UNDER C R.

AS A QUICK REFRESHER, CARLSON'S HAS BEEN OPERATING AT THE PROPERTY FOR THE LAST, UH, 80 YEARS.

AND, UH, THE EXISTING GREENHOUSES TOTAL NEARLY 23,000 SQUARE FEET.

THE APPLICANT SEEKS TO REMOVE TWO GREENHOUSES,

[00:05:01]

THE NEW FARM MARKET IS SIMILAR TO OTHER FARM MARKETS APPROVED AT LOCAL NURSERIES AND IS DESIGNED TO REPLICATE MR. AHERN'S FARM MARKET THAT EXISTS IN CORTLAND.

WHEN WE INITIALLY PRESENTED THIS FARM MARKET CONCEPT TO THE TOWN BOARD IN SEPTEMBER, 2020, WE RECEIVED OVERWHELMING SUPPORT FROM THE COMMUNITY AND THE TOWN BOARD.

THE APPLICANT IS PASSIONATE ABOUT HIS NURSERY AND FARM MARKET BUSINESS AND LOOKS FORWARD TO ENHANCING THE NURSERY AT SIX TWENTY FIVE DOBBS FRAY ROAD.

FOR THE BENEFIT OF GREENBERG'S RESIDENCE, IT IS IMPORTANT TO NOTE THAT THE FARM MARKET STRUCTURE WOULD SERVE A DUAL ROLE BECAUSE THE CUSTOMERS WOULD BE ABLE TO PAY FOR THEIR NURSERY ITEMS SUCH AS PLANTS, FLOWERS, GARDEN TOOLS, AND SOIL, AND PURCHASE FOOD ITEMS SUCH AS FRESH FRUIT AND VEGETABLES.

FROM THE FARM MARKET STRUCTURE, THE EXISTING CASH REGISTER AREA CARLSON'S IS ANTIQUATED.

IT'S CONNECTED TO TWO GREENHOUSES, WHICH IS NOT AN IDEAL LOCATION.

IT'S VERY CONGESTED AND IT WILL BE DISCONTINUED ONCE THE NEW FARM MARKET IS OPERATIONAL.

THE CASH REGISTERS IN THE NEW FARM MARKET, UM, ARE DESIGNED TO ENHANCE THE CUSTOMER CHECKOUT EXPERIENCE BY PROVIDING FASTER, MODERNIZED, DEDICATED AND MORE ACCESSIBLE CHECKOUT AREAS WITH EASIER ACCESS TO THE PARKING LOT.

SOME NURSERY ITEMS SUCH AS PLANTS MAY ALSO BE ON DISPLAY IN THE FARM MARKET STRUCTURE.

THEREFORE, THE FARM MARKET IS REALLY DESIGNED TO BOTH ENHANCE CARLSON'S EXISTING NURSERY BUSINESS AND PROVIDE A WIDER SELECTION OF PRODUCTS TO THE CONSUMER.

THE NURSERY AND THE FARM MARKET WILL BE INTERTWINED.

ACCORDING TO MR. AHERN, THE FARM MARKET WOULD SERVE AS A VALUABLE RESOURCE FOR GREENBERG RESIDENTS WHO WISH TO AVOID THE EXPANSIVE INCONVENIENT AND SOMETIMES IMPERSONAL BIG BOX STYLE NURSERIES SUCH AS HOME DEPOT.

CARLSON'S IS A FAMILY OWNED BUSINESS THAT OFFERS THINGS THAT BIG BOX RETAILERS SOMETIMES CANNOT.

CONVENIENCE, CUSTOMER SERVICE, ACCESSIBILITY AND QUALITY.

UNFORTUNATELY, WITHOUT THE FARM MARKET, CARLSON'S IS DESTINED FOR FAILURE.

LIKE SO MANY OTHER FAMILY OWNED NURSERIES THAT HAVE CLOSED.

WE ATTACHED THE NEWSPAPER ARTICLE TO MR. AHERN'S AFFIDAVIT DETAILING HOW SO MANY LOCAL NURSERIES HAVE UNFORTUNATELY FAILED BECAUSE THEY CAN'T COMPETE WITH BIG BOX PRICES.

IN RESPONSE TO THE BOARD'S COMMENTS AT THE MARCH 24TH MEETING, WE'RE PLEASED TO HAVE SUBMITTED ADDITIONAL MATERIALS INCLUDING A TRAFFIC IMPACT STUDY PREPARED BY D T S PROVIDENT DESIGN ENGINEERING.

THE TRAFFIC STUDY CONCLUDES THAT THE FAR MARKET WILL NOT HAVE AN ADVERSE TRAFFIC IMPACT ON THE SURROUNDING ROADWAY NETWORK.

THE EXISTING DRIVEWAYS WILL SAFELY AND EFFICIENTLY ACCOMMODATE ANY ADDITIONAL VEHICLES, AND THE PROPOSED OFF STREET PARKING IS MORE THAN ADEQUATE TO SUPPORT THE ANTICIPATED DEMAND.

AND I'D LIKE TO NOTE THAT THAT TRAFFIC IMPACT STUDY WAS BASED ON DATA PROVIDED BY THE TOWN FROM OTHER NEARBY PROJECTS AS WELL AS ACTUAL TRAFFIC COUNTS AT THE EXISTING FARM MARKET IN CORTLAND.

AN ITEMIZED RESPONSE LETTER WAS ALSO SUBMITTED FROM OUR ARCHITECT IN RESPONSE TO SOME OF THE BOARD'S TECHNICAL QUESTIONS ABOUT SQUARE FOOTAGES AND LAYOUT AND AND THE LIKE.

AND WE ALSO INCLUDED A PRELIMINARY LIST OF THE PRODUCTS THAT THE APPLICANT PROPOSES TO OFFER TO GET MORE DETAIL TO THE BOARD AS FAR AS THE NATURE OF THE FRUIT, VEGETABLES AND OTHER PRODUCTS THE APPLICANT HOPES TO OFFER.

IN ADDITION, PLEASE NOTE THE FOLLOWING RESPONSE, UM, TO THE BOARD'S QUESTION REGARDING THE USE VARIANCE CRITERIA.

TO THE EXTENT THAT THE BOARD DETERMINES THAT A USE VARIANCE IS REQUIRED IN CONNECTION WITH THE PROPOSED FAR MARKET, WE RESPECTFULLY SUBMIT THAT THE APPLICANT MEETS THOSE CRITERIA.

AS PREVIOUSLY IN INDICATED IN OUR MEMORANDUM AND SUPPORT SUBMITTED ON FEBRUARY 9TH OF THIS YEAR, THE APPLICANT HAS DEMONSTRATED THAT IT WOULD SUFFER AN UNNECESSARY HARDSHIP WITHOUT THE FARM MARKET AND THE APPLICANT MEETS THE STATUTORY CRITERIA SET FORTH IN NEW YORK STATE TOWN LAW SECTION 2 67 DASH B TWO SUB B AS FOLLOWS.

FIRST, THE APPLICANT CANNOT REALIZE A REASONABLE RETURN PROVIDED THAT A LACK OF RETURN IS SUBSTANTIAL AS DEMONSTRATED BY COMPETENT FINANCIAL EVIDENCE.

ACCORDING TO THE AFFIDAVIT WE SUBMITTED FROM JACK AHERN, THE PRINCIPLE OF THE APPLICANT, THE PROPERTY'S CURRENTLY OPERATING AT A FINANCIAL LOSS AND THE FARM MARKET IS NECESSARY IN ORDER FOR THE PROPERTY TO BE PROFITABLE.

THE PROFIT AND LOSS STATEMENTS ATTACHED TO THE AHERN AFFIDAVIT CONSTITUTE COMPETENT FINANCIAL EVIDENCE.

THE AHERN AFFIDAVIT ALSO CONFIRMS THAT THE PROPERTY HAS NO VALUE FOR RESIDENTIAL USE, WHICH IS THE USE THAT IS PERMITTED AT THE PROPERTY.

IN OTHER WORDS, CONVERTING THE PROPERTY FROM COMMERCIAL USE TO RESIDENTIAL USE AT THIS JUNCTURE

[00:10:01]

SIMPLY ISN'T FEASIBLE.

THE SECOND CRITERIA THAT THE ALLEGED HARDSHIP RELATING TO THE PROPERTY IN QUESTION IS UNIQUE AND DOES NOT APPLY TO A SUBSTANTIAL PORTION OF THE DISTRICT OR NEIGHBORHOOD HAS ALSO BEEN MET.

THERE ARE NO OTHER NURSERIES IN THE VICINITY OF THE PROPERTY.

CARLSON'S NURSERY IS ALSO UNIQUE BECAUSE IT'S ONE OF THE FEW REMAINING FAMILY OWNED NURSERIES IN THE AREA.

CARLSON'S HAS BEEN OPERATING AS A COMMERCIAL NURSERY AT THE PROPERTY FOR OVER 80 YEARS.

THE PROPERTY IS IDEALLY SITUATED ON A STATE ROAD ADJACENT TO THE SPRINGBROOK PARKWAY AND A CON EDISON EASEMENT WITH LATTICE TOWERS AND HIGH TENSION ELECTRICAL LINES.

THE TOWN OF GREENBURG HAS GRANTED PERMITS TO ALLOW CARLSON'S TO EXPAND INTO ITS CURRENT ITERATION BY ALLOWING ADDITIONAL STRUCTURES INCLUDING GREENHOUSES AND FUEL STORAGE TANKS.

THEREFORE, THE HARDSHIP RELATING TO THE PROPERTY IS UNIQUE AND DOES NOT APPLY TO A SUBSTANTIAL PORTION OF THE DISTRICT OR NEIGHBORHOOD.

THE THIRD CRITERIA HAS ALSO BEEN MET, NAMELY THAT THE REQUESTED USE VARIANCE IF GRANTED, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD.

THE USE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THIS NEIGHBORHOOD BECAUSE THE PROPERTY IS RELATIVELY LARGE AND THE FARM MARKET IS DIMENSIONALLY CONFORMING.

THE FARM MARKET WILL REPLACE TWO EXISTING GREENHOUSES IN A PREVIOUSLY DISTURBED AREA, THE PROPERTY SURROUNDED BY A STATE ROAD, AS I MENTIONED BEFORE, A UTILITY EASEMENT AND PARKWAY, AND THE PROPERTY'S BEEN USED COMMERCIALLY FOR OVER 80 YEARS.

IN FACT, THE FARM MARKET WILL ENHANCE THE CHARACTER OF THE NEIGHBORHOOD BY PROVIDING FRESH FRUIT, VEGETABLES, AND RELATED PRODUCTS TO THE RESIDENTS.

MOREOVER, THE TOWN BOARD IN THE PUBLIC COMMENTS FROM 2020 WERE OVERWHELMINGLY FAVORABLE.

FOURTH, THE ALLEGED HARDSHIP HAS NOT BEEN SELF-CREATED.

AS WE MENTIONED IN OUR MEMO AND SUPPORT CARLSON'S HARDSHIP IS NOT CREATED, SELF-CREATED RATHER EXTERNAL MARKET FORCES AND THE ECONOMIC CLIMATE HAVE CHANGED OVER THE PAST 80 YEARS, MAKING IT HARDER FOR FAMILY OWNED BUSINESSES, UM, SUCH AS THESE NURSERIES TO SURVIVE.

SPECIFICALLY, THE COST OF OPERATING A NURSERY HAS INCREASED AND COMPETITION WITH BIG BOX CORPORATE OWNED NURSERIES HAS RESULTED IN REDUCED SALES.

BASED ON THE FOREGOING, THE HARDSHIP IS NOT SELF-CREATED, RATHER THAT IT HAS BEEN CAUSED BY EXTERNAL ECONOMIC FACTORS THAT ARE BEYOND THE APPLICANT'S CONTROL.

THE APPLICANT HOPES TO USE THE REVENUE FROM THE FARM MARKET TO MAINTAIN AND REPAIR THE MANY GREENHOUSES EXISTING AT THE PROPERTY AND FURTHER ENHANCE THE BEAUTY OF THE PROPERTY.

BASED ON THE FOREGOING, THE APPLICANT RESPECTFULLY SUBMITS THAT IT MEETS THE CRITERIA FOR THE USE VARIANCE UNDER NEW YORK STATE LAW.

WE RESPECTFULLY REQUEST THE ZONING BOARD DECLARE ITSELF, UH, OR ITS INTENT TO ACT AS LEAD AGENCY UNDER THE, UH, STATE ENVIRONMENTAL QUALITY REVIEW ACT AND GRANT THE NECESSARY APPROVALS SO THAT CARLSONS CAN CONTINUE TO SERVE THE TOWN'S RESIDENCE.

UH, MADAM CHAIR, ARE YOU THERE? YOU'RE ON MUTE MYSELF THERE.

I DON'T KNOW.

MY FINGERS ARE NOT WORKING TONIGHT.

UM, I SAID THANK YOU.

I GATHER THAT YOU, UM, DON'T HAVE ANYTHING TO ADD AT THIS POINT.

IT'S BEEN QUITE, UM, INFORMATIVE OF THE INFORMATION THAT YOU HAVE PRESENTED IN CONNECTION WITH YOUR APPLICATION.

UH, ARE THERE ANY QUESTIONS THAT ANYONE ON THE BOARD HAS AT THIS POINT? I'M NOT HEARING ANY QUESTIONS FROM THE BOARD.

DO WE HAVE ANY COMMENTS FROM THE AUDIENCE OF PERSONS OR PERSON WHO NEEDS WISH TO, UM, COMMENT ON THIS APPLICATION? IS THERE ANYONE THAT WOULD LIKE TO SPEAK? PLEASE UNMUTE YOUR MIC AND FOR FUTURE APPLICATIONS AS WE GO ALONG.

AS I NOTED BEFORE, IF YOU COULD KINDLY, UH, SEND ME A CHAT TO LET US KNOW THAT YOU WOULD LIKE TO SPEAK AND, UH, WE'LL BE HAPPY TO CALL ON YOU.

UM, BUT MADAM CHAIR, I DO NOT BELIEVE ANYONE SEEK TO SPEAK ON THIS APPLICATION.

ALRIGHT, WELL, YOU'VE GIVEN US A LOT TO REVIEW AND, UM, WE WILL TAKE IT UP WITH OUR DELIBERATIONS THIS EVENING IF, UNLESS YOU HAVE SOMETHING YOU WISH, WISH TO ADD AT THIS TIME, I HAVE NOTHING FURTHER AT THIS TIME.

I JUST WANNA THANK THE BOARD FOR ITS TIME AND CONSIDERATION.

AND THE APPLICANT IS PRESENT AS WELL.

ALRIGHT, AND THE NEXT CASE TONIGHT IS NOW CASE 2205 FORGE ROAD.

AND WHO DO WE HAVE? UM, GOOD EVENING, MADAM CHAIR.

UH, MEMBERS OF THE BOARD.

UH, MY NAME IS DANIEL FIX WITH THE LAW FIRM BLAKELY PLATT AND SCHMIDT ON BEHALF OF THE APPLICANT.

NOW, WITH ME ALSO IS EMILIO ESCALADES, THE PROJECT ENGINEER,

[00:15:01]

UM, THIS PROJECT IS A PROPOSED MERGER OF TWO EXISTING VACANT LOTS LOCATED IN THE R 75 ZONING DISTRICT.

THE LOTS ARE UNDER COMMON OWNERSHIP OF THE APPLICANT ONCE MERGED INTO A SINGLE LOT, THE APPLICANT WILL CONSTRUCT A SINGLE FAMILY HOUSE ON THE PROPERTY, WHICH IS IN KEEPING WITH THE RESIDENTIAL USE OF THE ZONING DISTRICT.

THE APPLICANT IS SEEKING AREA VARIANCES FOR MINIMUM LOT AREA AND MINIMUM LOT WIDTH.

AS NOTED IN OUR SUBMISSION DATED APRIL 19TH, THIS IS A BUILDABLE LOT BY DEED DATED JUNE 24TH, 1947.

NOW ON APRIL 20TH, 2022, THE PLANNING BOARD IS LEAD AGENCY UNDER CCRA ISSUED AN UNCONDITIONAL NEGATIVE DECLARATION DETERMINING THAT THIS PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT.

IMPORTANTLY, THE NEG DECK, WHICH THIS BOARD IS SUBJECT TO, STATES THAT THE PROJECT WILL NOT SUBSTANTIALLY INCREASE THE INTENSITY OR SCALE OF THE RESIDENTIAL USE OF THE LAND.

FURTHER, THE NEG DECK SPECIFICALLY STATES THAT THIS PROJECT WILL NOT RESULT IN AN ADVERSE CHANGE TO NATURAL RESOURCES, INCLUDING WETLANDS AMONG OTHERS.

AT THAT SAME MEETING ON APRIL 20TH, THE PLANNING BOARD UNANIMOUSLY VOTED TO ISSUE A POSITIVE RECOMMENDATION OF THIS BOARD WITH RESPECT TO THE AREA OF VARIANCES THE APPLICANT IS SEEKING IN GIVING ITS UNANIMOUS POSITIVE RECOMMENDATION.

THE PLANNING BOARD HIGHLIGHTED THE FACT THAT THERE ARE PROPERTIES IN THE IMMEDIATE VICINITY THAT ARE UNDERSIZED AND THE PROJECT WOULD CONSTITUTE A SIGNIFICANT IMPROVEMENT TO THE CURRENT STATE OF THE NEIGHBORHOOD.

NOW WE ARE IN RECEIPT OF THE LETTER SUBMITTED TODAY BY MR. CIANO ON BEHALF OF A NEIGHBOR'S OPPOSITION TO THE PROJECT.

AND WHILE WE APPRECIATE THIS DELAY TACTIC, THIS LETTER ASIDE FROM THE SELF-SERVING ARGUMENTS, DOES NOT SAY MUCH OF ANYTHING THAT REQUIRES ADDITIONAL ANALYSIS.

NO EMPIRICAL DATA OR EVIDENCE HAS BEEN SUBMITTED TO SUBSTANTIATE ANY OF THE CLAIMS ALLEGED IN THE LETTER, BUT I JUST WANTED TO ADDRESS A FEW OF THE SALIENT POINTS.

FIRST, THE GRANTING OF THESE VARIANCES WILL NOT PRODUCE AN UNDESIRABLE CHANGE TO THE CHARACTER OF THE NEIGHBORHOOD.

IN FACT, AS THE PLANNING BOARD DETERMINED, AS, AS STATED IN ITS UNANIMOUS POSITIVE RECOMMENDATION, THIS PROJECT WILL IMPROVE THE CHARACTER OF THE NEIGHBORHOOD.

THERE ARE TWO HOUSES IN THE IMMEDIATE VICINITY ON UNDERSIZED LOTS, AND AS WE HAVE DEMONSTRATED WITHIN THE R SEVEN FIVE ZONING DISTRICT, THERE ARE UP TO 40 HOUSES LOCATED IN UNDERSIZED LOTS.

THIS PROJECT IS VERY MUCH IN SYNC WITH THE MAKEUP OF THIS ZONING DISTRICT.

SECOND, THIS IS A BUILDABLE LOT.

HOWEVER, IF IT IS NOT AS SUGGESTED IN MR. SERANO'S LETTER, THEN THAT WOULD CONSTITUTE A TAKE IT.

WITHOUT THE REQUIRED VARIANCES, THE APPLICANT CANNOT ACHIEVE THE BENEFIT OF BUILDING THE SINGLE FAMILY RESIDENCE.

THIRD, THE VARIANCES ARE NOT SUBSTANTIAL, 18% AND 16% RESPECTIVELY.

EVEN.

SO SUBSTANTIAL FOR PURPOSES OF A VARIANCE IS NOT ABOUT METRICS.

IT IS ABOUT VIEWING THE APPLICATION IN LIGHT OF THE TOTALITY OF THE CIRCUMSTANCES.

IN THAT LIGHT, THIS PROJECT IS IN SYNC WITH THE NEIGHBORHOOD, WITH THE MAKEUP OF THE NEIGHBORHOOD.

AND THIS BOARD HAS ISSUED VARIANCES FOR REDUCED PERCENTAGES THAT GO WELL BEYOND WHAT THE APPLICANT IS SEEKING HERE.

AND FINALLY, THE APPLICANT'S DIFFICULTY WAS NOT ENTIRELY SELF-CREATED, AND THAT IS BECAUSE THE SEWER EASEMENT, WHICH THE TOWN BENEFITED FROM WAS PUT IN THE DEED.

ALSO, THE APPLICANT IS COMBINING THE LOSS TO CREATE A LARGER LOT AND IS THEREFORE LESSENING THE NEED FOR A LARGER AREA VARIANCE.

IN ANY EVENT, EVEN IF THIS IS A SELF-CREATED DIFFICULTY, THAT FACTOR ALONE IS NOT DISPOSITIVE OF WHETHER A VARIANCE SHOULD ISSUE BASED ON THE FACTORS PRESENT HERE.

WE RESPECTFULLY REQUEST THAT THE BOARD ISSUE THE VARIANCES AND REFER THIS PROJECT BACK TO THE PLANNING BOARD FOR FINAL APPROVAL.

AND WITH THAT, WE THANK THE BOARD FOR ITS TIME AND CONSIDERATION OF THIS MATTER.

ANYONE FROM THE BOARD? I HAVE A QUESTION.

UM, SO IF YOU'RE LOOKING AT THE PROPERTY, WHO, WHO OWNS THE PROPERTY? I GUESS IF TO THE RIGHT, THE VERY LARGE PIECE OF LAND, UM, WHO OWNS THAT PROPERTY? I'M, I'M NOT SURE WHAT, UH, WHAT'S THE ADDRESS OF THAT PROPERTY? I MEAN, IT APPEARS TO BE A VACANT LOT NEXT DOOR TO IT.

I DON'T HAVE THE ADDRESS.

I JUST HAVE THE TAX LOT.

SPEAK WITH RESPECT TO THIS MATTER? I DO.

NUMBER.

I, I'M NOT, I'M NOT SURE WHAT OWNER OF THAT PROPERTY IS, BUT IT'S JUST A VACANT LOT THERE NEXT DOOR.

LIKE IT'S A GIANT VACANT LOT.

N NO, I THINK THEIR PROPERTY'S BEING BUILT.

UM, I THINK THAT'S UNDER CONSTRUCTION.

, ANY OTHER QUESTIONS FROM THE BOARD? ARE THERE ANY QUESTIONS FROM ANYONE WHO IS HERE THIS EVENING THAT WISHES TO

[00:20:01]

MADAM CHAIR MICHAEL ANO FOR ADDING GOOD FOR A GOOD TIME TO SPEAK? YES, GO AHEAD.

SO, UH, I SENT A LETTER IN THIS MORNING.

I APOLOGIZE FOR ITS LATE SUBMISSION.

UH, BUT, UH, THERE WAS, WE SEE SO MANY PROBLEMS WITH THIS PROJECT, UH, THAT I THOUGHT IT BEST TO PUT IT IN WRITING.

UH, AND I THOUGHT IT WOULD ALSO HELP TO SHORTEN MY ORAL COMMENTS TONIGHT.

UM, SO I THINK I CAN BE BRIEF SINCE, UM, YOU KNOW, THE SECRETARY OF THE BOARD CIRCULATED MY LETTER EARLIER THIS MORNING.

UH, CAN I SHARE MY SCREEN? IS THAT POSSIBLE? YES, IT'S ENABLED.

OH, SO I, I CAN JUST BRING UP WHAT I NEED TO BRING UP.

YEAH, WE SEE YOUR EMAILS AT PRESENT.

THAT'S MY GRANDDAUGHTER.

LET ME GET, UH, HERE WE GO.

IS THAT COMING UP ON YOUR SCREEN? YES, WE SEE A SITE PLAN.

CONVINCE YOUR BOARD TO GIVE HIM A VARIANCE.

SO, UH, OF COURSE THE REASON FOR AREA REQUIREMENTS GENERALLY IN ALL OF THE ZONING DISTRICTS, UH, IS, UH, AND, AND FOR PARTICULARLY THE 7,500 SQUARE FOOT MINIMUM REQUIREMENT AND THIS R PAST 7.5 ZONES TO ENSURE THAT THERE IS AT LEAST A MINIMUM OF 7,500 SQUARE FEET OF USABLE AREA, UH, FOR A HOUSE AND ALL THE NORMAL ACCESSORY, UM, STRUCTURES AND YARD.

AND, AND ALSO OF COURSE, IT, IT ALSO ALLOWS FOR SPACE IN THE HOMES SO THAT THERE'S ADEQUATE LIGHT AND AIR BETWEEN HOMES AND ALSO PRIVACY TO THE EXTENT THAT, UH, THERE CAN BE PRIVACY BETWEEN HOMES AND R DASH 7.5.

SO IT'S A MINIMUM STANDARD, UH, AND THE APPLICATION BEFORE YOU DOESN'T EVEN COME CLOSE TO MEETING THE MINIMUM STANDARD.

AND THE, THE PROBLEM HERE IS THAT THERE'S A SEWER EASEMENT THAT'S 10 FEET WIDE AND, UH, UH, 88 FEET AND CHANGE, UH, DEEP THAT DISSECTS, UH, THIS PROPERTY AND IT, AND ENFORCES THE APPLICANT'S HOUSE OFF CENTER SO THAT IT, IT CANNOT BE PLACED OR CENTERED PROPERLY BETWEEN MR. GOOD FARM'S, UH, HOME, WHICH IS ON THE LEFT OF THIS SCREEN, UH, THERE'S MY CURSOR, UH, AND MR. GUPTA'S NEW HOME THAT'S ON CONSTRUCTION, UH, OVER ON THIS LOT TO THE NORTH.

UH, AND SO THIS, THIS SERIES EASEMENT COMPLICATES THE ALREADY UNDERSIZED PROBLEMS OR THE ALREADY THE PROBLEMS THAT ALREADY ARISE BECAUSE THE LOT IS SUBSTANTIALLY UNDERSIZED.

IT BASICALLY RENDERS THIS ENTIRE TRIANGULAR TAX LOT NINE USELESS.

UH, AND OF COURSE, THIS 10 FOOT WIDE STRIP IS ALSO CANNOT BE BUILT ON.

SO THE HOUSE HAS TO START HERE AND, AND IT GETS PUSHED FORWARD SO THAT IT'S GONNA, AND MR. GOOD FARM'S HOME IS, UH, IS ONLY EIGHT FEET OR SO OFF OF THE LINE.

AND THAT'S BECAUSE ON THE OTHER SIDE OF HIS HOME, UH, THE, THE SOUTH SIDE OF THE SIDE YARD OF HIS HOME IS A, IS A RATHER ACTIVE STREAM.

SO WHEN HIS HOUSE WAS BUILT, WHICH WAS MANY DECADES AGO, IT WAS PUSHED, UH, CLOSE TO THIS BOUNDARY LINE.

SO HE'S ONLY EIGHT FOOT OFF HERE.

AND SO WHEN YOU SQUEEZE A NEW HOUSE BETWEEN THE, THE SEWER EASEMENT AND THE 10 YARDS SIDEWARDS, UH, SO IT'S GONE ONLY ABOUT 18 FEET TO, WHICH IS REALLY INSUFFICIENT FOR, FOR LIGHT AIR AND, AND PRI MORE IMPORTANTLY PRIVACY.

UH, SO IF YOU, AND I TRIED TO POINT THIS OUTTA MY LETTER.

WHEN YOU, WHEN YOU START WITH 61 0 5, WHEN IT'S SUPPOSED TO BE 7,500, UH, YOU'RE ALREADY 18% DEFICIENT.

THAT'S A VERY SUBSTANTIAL VARIANCE FOR, UH, THE NEW CONSTRUCTION FOR A LOT.

THAT, BY THE WAY, HAS BEEN, UH, IN EXISTENCE, UH, WELL, THE, THE TWO OF THEM TOGETHER AND, AND THAT 57 ARGYLE ABOVE IT, UH, HAVE BEEN THE COMMON OWNERSHIP FOR THE PAST 72 YEARS UNTIL THE APPLICANT HIMSELF KIND OF DID A PRIVATE SUBDIVISION BY SELLING OFF 57 ARGYLE, UH, WHERE HE FINALLY LIVED AND RETAINING THESE PARCELS WITH THE HOPE THAT HE CAN, UH,

[00:25:01]

SO WE STARTED 61 0 5, WHICH IS 18% DEFICIENT.

AND THEN, BUT THE ACTUAL BUILDABLE AREA IS DEFINED BY YOUR STATUTE WHEN YOU DEDUCT OUT STEEP SLOPES, VERY STEEP SLOPES, EXCESSIVE STEEP SLOPES, WETLAND BUFFERS, UH, BRINGS IT, BRINGS IT DOWN EVEN FURTHER.

AND THEN, AS A PRACTICAL MATTER, WHEN YOU ELIMINATE, UH, OR DEDUCT THE, THE AREA OF THE SEWER EASEMENT AND THE, THE UNUSABLE, UH, TRIANGULAR PIECE, YOU'RE DOWN UNDER 4,000 SQUARE FEET, YOU'RE AT 39 17, WHICH IS A 48% DEFICIENCY FROM, FROM WHAT THE, THE, THE PROPER SIZING OF, OF, OF A LOT SHOULD BE.

UH, SO HE NEEDS A LOT OF HELP FROM THE BOARD.

HE'S ASKING THE BOARD TO, TO SAVE HIM FROM A, A BAD DECISION OF SELLING OFF THE HOUSE AND RETAINING THESE TWO LOTS.

UH, THE ASSESSOR I PUT ON MY LETTER, UH, DOES NOT BELIEVE AND HAS NEVER ASSESSED THESE TWO TAX LOTS AS BEING ANYTHING CLOSE TO BUILDABLE.

UH, THEY'RE, UH, A FRACTION FI LESS THAN 5% ASSESSED COMPARED TO THE LAND ASSESSMENTS FOR ADAM OR MR. GUPTA OR 57 ARGYLE.

UH, SO ON ALL THREE SIDES, THE LAND ASSESSMENTS ARE IN THE HIGH 300 THOUSANDS.

UH, AND THE, THE ASSESSOR DEEMS THESE TWO PARCELS BASICALLY IS VALUELESS, UH, 25,000, UH, UH, ALTOGETHER COMBINED, UH, WHICH IS A, A STRONG INDICATION THAT THE ASSESSOR IN YOUR TOWN, UH, HAS NEVER VIEWED THESE AS BEING VIEWED THESE AS BEING BUILDABLE LOTS.

AND IN FACT, THEY ARE NOT BUILDABLE LOTS.

THEY HAVE NEVER BEEN BUILDABLE LOTS.

UH, THE, THE APPLICANT, UH, SITES, UH, UH, TOWN DEED BACK IN THE 47 48, UH, WHICH SIMPLY PUT MINIMUM IMPOSED MINIMUM REQUIREMENTS FOR THE SIZE OF A HOUSE AND FOR THE COST OF BUILDING A HOUSE.

BUT THE TOWN BOARD NEVER SAID, WE ARE DECLARING FOR THE NEXT 75 YEARS, AND WE WANT THE ZONING BOARD IN 2022 TO KNOW THAT WE IN 1947 DECLARING THIS TO BE BUILDING LESS.

THAT'S NOT WHAT THEY SAID.

THAT'S, I I PULLED THE MINUTES, I FORMED THE MINUTES OF THOSE TOWN BOARD MEETINGS AND APPROVE THOSE SALES.

AND THE DEANS THEMSELVES SPEAK FOR THEMSELVES.

THEY DON'T AT ALL, UM, GRANDFATHER THESE AS BUILDABLE LOTS THAT TO THE TOWN BOARD AND GRANTING THOSE DEEDS AND CREATING THE EASEMENT, UH, IN NO WAY, UH, UH, GUARANTEED ANY FUTURE OWNER THAT THEY COULD PUT A HOUSE ON IT.

AND IN FACT, UH, THE, THE TRIANGLE, THE PIECE WAS SOLD AS PART OF A MUCH LARGER TRACK THAT INCLUDED 57 GY, 60 CLAT AND, UH, AND OTHER PROPERTIES.

SO, UH, I, THEY CAN'T PIGGYBACK THAT ANCIENT LANGUAGE AND THE DEEDS, THOSE ARE JUST ESSENTIALLY PRIVATE COVENANTS AND RESTRICTIONS AND THEY HAVE NO RELATIONSHIP TO ZONING.

YOUR, YOUR BILLING INSPECTOR HAS REFERRED THE APPLICANT HERE.

I BELIEVE THE PLANNING BOARD HAS AS WELL, BECAUSE THE, CLEARLY THE APPLICANT HAS TO MEET TODAY'S, UH, STANDARDS FOR OUR DASH 7.5 ZONE.

UM, UH, I'LL FINISH.

OH, LEMME JUST, UH, JUST FROM THIS PICTURE UP.

SO THESE ARE THE TWO LOTS, THE TRIANGULAR PIECE THAT'S LOT NINE.

THIS IS THE LARGER THE APPLICANT'S LOT TAX LOT EIGHT.

THIS IS THE OVERSIZED LOT THAT HE SOLD OFF.

HE USED TO LIVE HERE AND FOR TWO YEARS HE OWNED ALL THREE OF THESE, UH, CONTINUOUS LOTS UNDER COMMON OWNERSHIP.

UH, HE SEPARATED IT OUT AND HE'S, UH, HE MADE A BET AND WE'LL SEE IF IT PAYS OFF FOR HIM.

THIS IS, UH, UH, UH, ADAM'S HOME.

YOU CAN SEE THAT IT'S, UH, CITED PRETTY CLOSE TO THE COMMON BOUNDARY LINE, AND THAT'S BECAUSE THERE'S A VERY ACTIVE STREAM THAT COMES RIPPING DOWN, UH, THIS END OF HIS PROPERTY.

UH, THERE ARE HISTORIC FLOODING AND MORTAR STORM WATER PROBLEMS IN THE NEIGHBORHOOD.

I WE HAVE A LOT OF MATERIAL THAT MR. GUP HAS SUBMITTED, SO I'M NOT GONNA SPEND TIME ON THAT.

I KNOW YOU HAVE A, A BUSY SCHEDULE TONIGHT.

LASTLY, I JUST WANNA TALK ABOUT THE PLANNING BOARD, UH, MADE A RECOMMENDATION, I BELIEVE IT WAS ON APRIL 20TH.

UM, BUT IT WAS AS THE RECOMMENDATION AS I'VE EVER HEARD, IN 40 PLUS YEARS OF DOING ZONING WORK.

UH, THEY BASICALLY, UH, SAID THAT, THAT, THAT THERE WAS ONLY TWO OTHER LOTS IN THE IMMEDIATE NEIGHBORHOOD, NOT 40, UH, ONLY TWO, UH, THE OTHER 38 BARE NO RELATIONSHIP TO THIS NEIGHBORHOOD.

UH, THE APPLICANT

[00:30:01]

CITED 40, BUT THE PLANNING BOARD WOULD'VE MADE ITS MOTION AND WHICH WAS SECONDED TO MAKE A RECOMMENDATION TO YOUR BOARD.

THEY FIRST NOTED THAT, THAT THERE'S ONLY TWO LOTS, BUT, UH, THEY STILL MADE THE RECOMMENDATION FOR TWO REASONS.

ONE IS BECAUSE THE SITE IS SO UNSIGHTLY, AND LEMME JUST BRING THAT UP FOR A SECOND.

I'LL CLOSE THIS WINDOW AND, OKAY, UM, LEMME PULL THIS OVER.

UH, SO THAT'S 50 STILL THE BACK OF 57 ARGYLE UP ON TOP.

THIS IS ADAM'S HOME HERE, AND THIS IS THE LOT.

SO THE PLANNING BOARD SAID, WELL, IT'S SO UNSIGHTLY, UH, A HOUSE WOULD LOOK BETTER THAN THAT.

UH, AND THE SECOND REASON THEY RECOMMENDED THIS TO YOU IS THAT, UH, THERE, THERE'S OBVIOUSLY THE APPLICANT AND HIS PROJECT, UH, TEAM HAD TO PUT TOGETHER, UM, SOME STORM WATER, UH, CONTROL DESIGN, UH, AND THE PLANNING BOARD SAID, WELL, THERE IT WOULD BE SOME IMPROVEMENT, UH, IF THE STORM WATER THAT NOW GOES ANYWHERE, ONCE WOULD BE, UH, COLLECTED AND CONTROLLED.

UH, SO I, I, FIRST OFF, I, I WOULD POINT OUT, I, I DON'T THINK THE APPLICANT SHOULD GET REWARDED FOR LEAVING HIS BACKYARD.

HE LIVED UP HERE 57 AR GUY FOR TWO YEARS AND, AND DIDN'T CUT A SINGLE METER BRUSH FOR TWO YEARS.

I DON'T THINK HE SHOULD BE REWARDED AND GIVEN A VARIANCE BECAUSE HE, UH, BECAUSE IT'S UNSIGHTLY, IT'S UNSIGHTLY BECAUSE HE RENDERED IT OR LEFT IT OR LET IT BECOME UNSIGHTLY.

UH, AND, UM, AND SO WITH ALL OF THOSE THINGS, THERE'S TWO SUBSTANTIAL VARIANCES.

IT'S A SHORT ON FRONTAGE, UH, AND IT'S, UM, WOEFULLY SHORT ON OVERALL ACREAGE.

AND, AND, AND THIS WOULD BE THE SMALLEST LOT IN THE CLAREDON ROAD CLARENDON PLACE NEIGHBORHOOD, UH, BY FAR, IF YOU WERE TO, UH, APPROVE THIS HOUSE, AND IT WOULD, UH, IT WOULD REALLY, UH, DIMINISH, UH, THE VALUE OF ADAM AND MR. GUPTA'S HOME.

I'LL LET HIM SPEAK FOR HIMSELF ON THAT.

UH, BUT IT WOULD ALSO DIMINISH HIS USE AND ENJOYMENT OF HIS, HIS HOME IN HIS YARD, UH, TO HAVE A HOUSE PUSHED SO CLOSE TO, TO HIS HOME AND HAVE VERY LITTLE, UH, AIR LIGHT AND PRIVACY OPPORTUNITIES BETWEEN THE, THE TWO HOMES.

I'M HAPPY TO ANSWER ANY OTHER QUESTIONS, BUT THAT'S OUR VIEW OF THIS THING.

UM, CAN I RESPOND TO, UH, TO ? YES.

WELL, IN, IN TERMS OF THE, UM, THE TECHNICAL ASPECTS AND, AND, UH, THE, THE BUILDING AND THE CONSTRUCTION, I'LL LEAVE THAT TO OUR PROJECT ENGINEER WHO WILL, WHO WILL JUMP ON AFTER ME.

BUT JUST A COUPLE OF THINGS.

FIRST, UM, THIS CHARACTERIZATION OF THE, UH, THE UNANIMOUS POSITIVE RECOMMENDATION IS BEING LUKEWARM.

UH, I'M, I'M LOOKING AT IT RIGHT NOW IN FRONT OF ME.

AND IT, IT ESSENTIALLY SAYS THAT THE, UM, THE PROPOSED IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO THE DESIGN OF THE PROPOSED STORMWATER MANAGEMENT SYSTEM, WILL EXCEED THE REQUIREMENTS OF THE TOWN CODE AND THE INCLUSION OF A PREVIOUS, UH, SURFACE DRIVEWAY IN THE ADDITION OF LANDSCAPING REPRESENT A SIGNIFICANT UPGRADE OVER THE EXISTING CONDITION.

UM, NUMBER TWO, UH, WHAT THE TAX ASSESSOR ASSESSES ON THE PROPERTY HAS NO BEARING ON WHETHER TO GRANT A, A VARIANCE OR NOT.

UM, AND ALSO, UH, NO ONE SAYS, AND I DON'T SEE WHERE IT SAYS THAT THESE ARE NOT BUILDABLE LOTS.

UM, ALL OF THESE, ALL OF THE, UH, THE LOTS IN THE ZONING DISTRICT ARE, ARE ZONED FOR SINGLE FAMILY RESIDENCE, UH, RESIDENTIAL HOUSES.

UH, THAT IS WHAT IS BEING PROPOSED TO BE BUILT HERE.

UM, THE VARIANCES ARE NOT SUBSTANTIAL, UH, WHEN COMPARED TO, YOU KNOW, OTHER, UH, THE OTHER UNDERSIZED LOTS IN THE IMMEDIATE VICINITY, BUT ALSO WITHIN THE R SEVEN FIVE ZONING DISTRICT ITSELF.

THERE ARE, AS WE'VE DISCUSSED, UH, 38 DIFFERENT HOUSES ON, UM, LOTS THAT RANGE FROM 4,792 SQUARE FEET UP, UH, UP TO, UM, A LITTLE BIT OVER 6,000.

SO, UM, I THINK THAT'S, UH, THAT IS IN KEEPING WITH THE, UH, THE CHARACTER OF THE NEIGHBORHOOD.

NOW, UM, EMILIO, IF YOU'RE ON, DO YOU WANT TO ADDRESS THE, UM, HOW THE, HOW THE PROPERTY'S GONNA BE SITUATED? YEAH.

CAN YOU HEAR ME? AM I ON? YEAH, WE CAN HEAR YOU.

I'M GOING TO SAY IS TO BASICALLY REPEAT, UH, WHAT THE ATTORNEY HAS SAID, THAT THIS IS A TYPICAL PROTOTYPICAL EXAMPLE OF WHAT, UH, EXISTS.

WELL, YOU KNOW, IT'S, IT'S VERY PAINFUL TO HEAR A HIRED GUN, UH, SHOOT OFF A GUN WITHOUT KNOWING ANYTHING AND WITHOUT REALLY ANALYZING IT WITH THE PROPER NUMBER.

SO I'M NOT EVEN GOING TO ADDRESS THE, UM, THE, THE SIMPLETON ATTACK THAT WE, WE JUST HEARD.

WHAT

[00:35:01]

WE HAVE GONE BEYOND THE NORM TO LOOK FOR THE ITEMS THAT MAKE US EQUAL TO ALL THE OTHERS.

AND THE LACK OF FRONTAGE AND THE LACK OF AREA IS MORE THAN UNDERSTOOD TO BE TYPICAL IN THIS AREA, WHETHER IT'S ONE BLOCK AWAY, TWO HOUSES AWAY.

IN FACT, THE ONE THAT'S EQUAL TO US IS RIGHT IN FRONT OF US.

SO THAT'S JUST A, A, A A, JUST A LIE.

I JUST JUST WON'T WANT, ENTERTAIN IT.

BUT I WANTED TO MAKE SURE THAT THE, THE BOARD UNDERSTANDS THAT THERE IS AN AMPLE EXAMPLE, UH, OF THE PROTOTYPICAL SITUATION THAT WE FIND OURSELVES IN THE BUSINESS OF TALKING ABOUT AN EASEMENT.

AND I DON'T KNOW WHAT HE SAID ABOUT NOT COUNTING FOR AREA.

IT'S SO SILLY BECAUSE WE CAN FIND A MYRIAD OF LOTS IN THE TOWN OF GREENBURG THAT HAVE EASEMENTS, UH, UH, PLACED UPON, UM, THEM, UH, FOR REASONS OF PUBLIC WORKS BENEFIT.

SO IN ESSENCE, THIS IS A PUBLIC WORKS BENEFIT THAT THIS LOT HAS GIVEN TO THE TOWN.

UM, IT IS TOTALLY LOGICAL TO JOIN THESE TWO PROPERTIES AS ONE, UH, ONE LOT.

UM, AND OF COURSE, UH, THE, THE OPINION OF MY ATTORNEY SAYING THAT THE BOARD HAS, WAS TOTALLY IN FAVOR OF THIS ACTION.

UM, IF YOU, IF YOU LOOK AT THE RECORDING, YOU WILL SEE THAT THAT'S NOTHING BUT THE TRUTH.

THEY, THEY WERE TOTALLY EMPHATIC ABOUT SAYING YES, THE, THE NEW HOUSE AND IMPROVEMENT TO THIS LOT WOULD BENEFIT THE VALUE OF THE PROPERTY, NOT HINDER IT AT ALL.

IT WOULD ONLY, UH, UH, UH, UH, EMBELLISH IT IN A PROPER WAY.

AND IN TERMS OF, UH, THE DRAINAGE ISSUE, WE HAVE PROVIDED THREE TIMES, THREE TIMES WHAT THE TOWN REQUIRES US LEGALLY TO DO.

NOT TWO, NOT ONCE, BUT THREE.

SO WE, WE ARE CERTAINLY BENEFITING, UH, THE AREA BY BUILDING IT.

UM, I DON'T KNOW HOW ELSE I CAN SAY IT, BUT, UM, OF COURSE, SOMEONE WHO'S HIRED TO, TO TALK DOWN THE VALUE OF THE APPLICATION, I'M NOT GOING TO PLAY THAT GAME.

I'M SIMPLY GOING TO GIVE YOU THE VALUE THAT WE SAW IN THE LOT, UH, THE VALUE THAT WE'RE PUTTING INTO THE DESIGN, INTO THE ARCHITECTURAL DESIGN, WHICH IS NOT A CHEAP HOUSE.

THIS IS FULL OF DETAILS, FULL OF DORMERS GABLES, INTERESTING FEATURES.

UH, IT IS ONLY LIMITED TO ONE CAR.

WE'RE NOT, WE'RE NOT MAKING THIS INTO AN OVER, OVER PARKED SURFACE, WHICH WE COULD, WE HAVE MORE AREA TO PAVE, BUT WE'RE NOT, WE'RE, WE'RE WAITING, UH, WE'RE, WE'RE, WE'RE MEASURING THE AMOUNT OF IMPERMEABLE.

AND LIKE I SAID BEFORE, WE'RE PROVIDING THREE TIMES THE STORAGE THAT WE ARE REQUIRED TO DO.

UM, I DON'T KNOW WHAT ELSE TO, UH, DISCUSS, BUT I'M, I'M OPEN TO ANY KIND OF QUESTIONS THE BOARD MAY WANT.

I I HAVE A QUESTION.

SO OTHER THAN, UH, THERE'S REQUIRED TO BUILD IN A SMALLER LOT, THE HOME WE'RE PROPOSING IS CONFORMING IN ALL OTHER WAYS.

CORRECT? LIKE SIDE YARD SETBACKS.

YARD SETBACKS.

UM, SO THE ISSUE OF THE NEIGHBOR'S HOUSE BEING CLOSER TO THE PROPERTY LINE DOES NOT ACTUALLY HAVE ANY IMPACT ON YOUR INABILITY TO MEET YOUR SIDE YARD SETBACK.

A HUNDRED PERCENT.

THAT'S WHY I'M SAYING IT'S AN INVENTED, UH, UH, TALKING POINT THAT DOESN'T HAVE ANYTHING TO DO WITH REALITY.

THAT'S, I IT'S IMPLYING ALL KINDS OF PROBLEMS WHICH DON'T EXIST.

SO I, I DON'T GET IT.

THE REASON WHY I WAS ASKING THE QUESTION IS BECAUSE I JUST LOOKED AT THE, UH, DRAWINGS OF THE PROPOSED HOUSE.

UM, THERE'S NOT A LOT OF DETAIL'S.

NOT A LOT.

IT DOES SHOW THAT IT'S, IT MEETS THE DISTANCE.

I JUST WANTED TO ASK THE QUESTION.

IN COMPLIANCE OR UNDER IT, OR UNDER THE MAXIMUMS THAT WE ARE ALLOWED.

UM, I JUST WANTED TO MAKE SURE THAT IF, IF THIS, UM, VARIANCE IS APPROVED, THAT YOU WON'T THEN BE COMING BEFORE BOARD AT A LATER DATE WITH ADDITIONAL VARIANCES.

IN OTHER WORDS, YOU ARE MEETING ALL CONFORMANCE, UM, REQUIREMENTS WITHOUT A NEED FOR ANY OTHER ADDITIONAL VARIANCES OTHER THAN TO BUILD ON A SMALLER THAN 7,500 SQUARE FOOT LOT.

CORRECT? CORRECT.

WHEN WE, WHEN WE DESIGNED THE HOUSE, WE DESIGNED IT AS FOR ALL THE REQUIREMENTS OF THE TOWN.

AND WE WERE SURPRISED THAT WE DID NOT HAVE THE FRONTAGE.

WE KNEW ABOUT THE AREA, BUT THE FRONTAGE WAS THE ONLY ELEMENT OF, OF, UH, THAT WE DISCOVERED IN THE PROCESS OF PRESENTING, UH, OUR, OUR PROJECT TO THE BUILDING DEPARTMENT.

BUT EVERYTHING ELSE IS, OF COURSE,

[00:40:01]

WELL, WOULD BE CLEAR THERE ARE TWO VARIANCES, NOT JUST ONE.

THERE'S A FRONTAGE VARIANCE, CORRECT.

BECAUSE THEY'RE SHOWN ON FRONTAGE AND THE AREA VARIANCES TOTAL AREA.

AND JUST TO, TO PIGGYBACK ON THAT A LITTLE BIT OF WHAT LOU SAID, 'CAUSE WE GET A FAIR AMOUNT OF, UM, APPLICANTS COMING IN WHO SAY, OH, I HAVE THIS HOUSE AND IT ONLY HAS ONE CAR GARAGE AND I CAN'T MARKET IT IN TODAY BECAUSE IT DOESN'T HAVE A MUD ROOM AND IT DOESN'T HAVE THIS, AND IT DOESN'T HAVE ALL OF THESE OTHER THINGS.

THAT MIGHT BE HARD TO, AGAIN, I DON'T HAVE A PICTURE OF THE HOUSE.

I DON'T KNOW WHAT YOU'RE PLANNING ON PUTTING THERE, BUT, UM, IT IS A VERY SMALL LOT.

AND IN TERMS OF WHAT PEOPLE ARE LOOKING FOR TODAY, UH, MAYBE, YOU KNOW, IN THIS AREA, I, I'M NOT SURE I, AGAIN, LIKE WHAT LOU SAID, I DON'T WANNA SEE YOU COMING BACK BECAUSE YOU CAN'T FIT IN A MUD ROOM AT, OR, YOU KNOW, A THIRD BATHROOM AND YOU NEED, SOMEHOW, YOU NEED ANOTHER VARIANCE, YOU KNOW, FOR A SIDE YARD OR A REAR YARD OR SOMETHING ELSE.

WELL, THIS IS ABSOLUTELY A, A, A FAIR QUESTION, BUT, UH, I, I'M SURPRISED THAT YOU DON'T HAVE THE FLOOR PLANS.

I WOULD SUBMIT IT, AND THE ELEVATIONS ARE QUITE ELEGANT.

UM, IT IS, IT IS A, A TYPICAL MIDDLE, HIGH-END HOME, UM, WITH 2000 AND CHANGE OF SQUARE FOOTAGE.

WE DON'T, WE HAVE FOUR BEDROOMS, WE HAVE THREE BATHROOMS. WE HAVE A LIVING ROOM, A DINING ROOM, A KITCHEN, UH, A FOYER AND A FULL BASEMENT.

UH, THERE'S ABSOLUTELY NOTHING IN THIS PROTOTYPICAL SIZE OF, OF REAL ESTATE THAT WOULD BE DESIROUS BY ANYONE.

AND IF THEY ARE STILL BE IT, THIS IS, THIS IS THE WAY THE HOUSE CAN BE BUILT, AND IT IS THE WAY THAT WE'RE MARKETING THE HOUSE AND ALL THE HOUSES IN THE AREA, MOST OF THEM HAVE ONE CAR GARAGES ANYWAY.

SO WE WOULD NOT, WE WOULD NOT BE OUT OF THE ORDINARY THERE AT ALL.

AGAIN, MY MY MY MY MAJOR POINT TO MAKE TO THE BOARD, UM, AND THE STRENGTH THAT I THINK OF OUR ARGUMENT IS THAT IS PROTOTYPICAL WHAT WE'RE ASKING IS TO BE APPROVED AS A PROTOTYPICAL, UH, UH, TYPE OF HOUSE.

WE ARE NOT, UH, CERTAINLY NOT THE BIGGEST ONE.

IF ONCE WE, IF WE GET TO BUILD IT, CERTAINLY WE'LL NOT BE THE BIGGEST ONE IN THE BLOCK.

UH, IT MEETS ALL THE SETBACKS, IT MEETS ALL THE COVERAGES, UH, EXCEPT FOR THE GEOMETRY AND THE SETBACK CRITERIA, UH, THAT WE'RE ASKING A VARIANCE FOR, WHICH IS REALLY AN INVISIBLE, AN INVISIBLE CRI UH, PARAMETER TO THE AVERAGE, UH, PERSON AS YOU WALK BY.

NOBODY WOULD KNOW WHETHER THE FRONTAGE IS 68 OR 70 OR 72, AND THE CASE THAT MANY HOUSES IN THE AREA HAVE LESS FRONTAGE THAN WHAT WE'RE ASKING TO BE GRANTED.

UM, AND THE AREA, AGAIN, THE AREA WHICH IS THE OTHER, UH, VARIANCE THAT WE'RE ASKING FOR, IS NOT GOING TO MAKE US THE SMALLEST LOT WITHIN, UH, A QUARTER OF A MILE.

WE ARE PROTOTYPICAL TO WHAT IS THERE.

AND AGAIN, I I URGE YOU TO READ THE, UH, THE LETTER FROM THE PLANNING BOARD, UM, AS THEY STATE THAT THE TOTAL POSITIVENESS OF THEIR, UH, UH, UH, DESIRE TO GET THIS, UH, UH, BUILT AND THEY WERE VERY, THEY WERE VERY, UH, UH, VOCAL ABOUT IT.

UM, AND THAT'S WHY I RESENT, UH, MICHAEL'S COMMENTS.

OTHERWISE, I DON'T THINK HE WAS, HE DIDN'T SEE THE VIDEO COMPLETELY.

UM, BUT AGAIN, HE'S A HIRED GUN, SO WHO KNOWS WHAT HE HAS TO SAY.

CHAIR, I JUST WANNA NOTE THAT, UH, EXCUSE ME, SIR.

MR. SIRANO, UM, WE HAVE TO HAVE THE ORDER OF OPERATIONS HERE.

UM, IF, IF YOU KINDLY, YOU KNOW, THERE MAY BE A SECOND ROUND TO SPEAK, UM, UH, AND MR. ESLA, YOU KNOW, THE, THE TERMINOLOGY THERE, YOU KNOW, THE, IF YOU COULD PLEASE, YOU KNOW, JUST, JUST STOP USING TERMS LIKE HIRED GUN AND SO ON AND SO FORTH.

I APOLOGIZE FOR MY VIDEO.

UH, I DON'T KNOW WHY IT'S NOT WORKING.

UH, MADAM CHAIR, THERE IS AN ADDITIONAL SPEAKER, AT LEAST, UH, WHO REACHED OUT TO ME VIA CHAT.

UH, SO I JUST DID WANNA NOTIFY THE BOARD THAT THERE'S AT LEAST ONE MORE SPEAKER.

THREE TIME OF THE, YOU, YOU KNOW, THE MINIMUM REQUIREMENT FOR THE DRAINAGE.

SO STEVE, IF YOU COULD KINDLY, UH, UNMUTE AND IDENTIFY YOURSELF, PLEASE.

YES, HI.

UH, THANKS FOR THE OPPORTUNITY.

I'LL BE, UH, I'LL BE QUICK, RIGHT? I'M, UH, RESIDENT DOWN IN, UH, UH, CLA ROAD THREE CLAN ROAD, SO, UH, CHAT WITH A COUPLE OF MY NEIGHBORS AS WELL ON THIS.

SO I THINK, UH, THE, THE BIGGEST CONCERN OF PEOPLE DOWN HERE, RIGHT? O O OF COURSE, I THINK THE, UH, THE TWO GENTLEMEN BEFORE WE TALK ABOUT IS, IS THE, YOU KNOW, THE, THE SERIOUS FLOODING, UH, RIGHT.

UH, I THINK LAST TIME I SPEAK, UH, WE SUFFER OVER SIX FIGURE OF, UH, LOSSES.

PEOPLE AROUND ME SUFFER AS WELL.

WE'RE STILL REPAIRING AS OF NOW, ACTUALLY.

UH, AND AND I, I THINK THAT THE GENTLEMAN, UH, THE APPLICANTS WAS MENTIONING THAT, UH, HE HAS SUBMITTED

[00:45:01]

UH, BUT I JUST, UH, I THINK ONLY ONE POINT I WANNA MAKE IS, UH, STRONGLY URGED THE APPLICANTS AND, AND THE BOARD CONSIDER, RIGHT, THE, THE, THE, THE DRAINAGE NOT ONLY FROM THAT HOUSE ITSELF, BUT UH, FROM THE OVERALL SERIOUS FLOODING ISSUE, UH, ISSUES IMPACT ALL THE, UH, PEOPLE AROUND HERE.

UH, YEAH, IT, IT IS VERY EASY TO SAY WE HAVE BEAT THE MINIMAL REQUIREMENT, BUT, UH, UH, WHEN YOU GUYS SEE OUR HOUSE FLOODED EVERY TIME, EVEN LAST APRIL JUST NOW, YOU KNOW, A COUPLE WEEKS AGO, ALL THE MUD IN OUR GARAGE, IT, IT IS REALLY UNBEARABLE TO, TO THE POINT OF UNBEARABLE.

SO, YOU KNOW, I THINK THAT'S REALLY THE THING, UH, YOU KNOW, WANNA URGE THE, THE BOARD AND, UH, APPLICATION APPLICANTS CONSIDER THAT, YOU KNOW, UH, IN THE CONTACT OF OVERALL ISSUE, THE DRAINAGE ISSUE.

UH, I THINK THE TOWN SHOULD REALLY RESOLVE THAT.

UH, YOU KNOW, FLUSH THE PIPE, ENLARGE THE PIPE, WHATEVER IT IS.

THEN, YOU KNOW, ONCE WE HAVE THAT, WE'RE NOT PRO-DEVELOPMENT, RIGHT? WE WANT THE NEIGHBORHOOD TO BE DEVELOPED AND TO BE BEAUTIFUL, BUT, UH, THAT, THAT'S THE PARAMOUNT THING ON, ON OUR MIND.

THAT'S IT FOR ME.

APPROXIMATELY HOW MANY FEET, SIR, ARE YOU FROM THIS SITE? I THINK MAYBE, UH, UH, A SIX, SIX OR 70 FEET, RIGHT? UPHILL, THAT'S ADAM'S HOUSE RIGHT BESIDE THAT.

THAT'S THE LOT.

SO I CAN EVEN SEE FROM HERE ACTUALLY.

AND THE WATER THAT YOU MENTIONED FROM THE FLOODING, IS THAT BECAUSE OF THE, THE CREEK BED RISING WHEN IT FLOODS? YEAH, THE CREEK RISING FROM THE FLOOD AND THE PIPE IS JUST, UH, NOT BIG ENOUGH.

I, I KNOW THERE'S ENGINEERING PROJECT GOING ON, BUT REALLY NOTHING HAPPENED FOR YEARS.

UH, IT, IT'S REALLY THE RUNOFF FROM, UH, THE, THE CREEK I THINK BE VERY CLOSE TO THIS LOT, RIGHT? THAT, THAT, UH, THE RUNOFF COMING DOWN SO FAST, UH, SO, SO QUICK DURING THE HEAVY RAIN.

AND, UH, THEN IT'S BACKED UP DOWN RIGHT HERE.

SO WE, WE, WE BECOME A RESERVOIR AND ALL THE MUD, EVERYTHING COMING DOWN.

UH, YOU KNOW, SO YEAH.

ARE YOU SAYING THAT HAVING A STRUCTURE THERE, THE, THE, THE HOME STRUCK BUILT ON THE LOT WOULD IN SOME, SOME WAY CONTRIBUTE TO THE OVERFLOW IN YOUR DIRECTION? YEAH, I, I, I THINK, I THINK THAT'S, THAT'S, UH, THAT'S THE, UH, ARGUMENT.

THAT, THAT, THAT THE, THE, THE, THE, THE PEOPLE HERE, MY NEIGHBOR IS ALL CONCERNING ABOUT, BECAUSE NATURALLY IF YOU HAVE NATURAL SOY, NATURAL LAND, YOU HAVE LOTS OF PLANTS, TREES THAT'S REALLY TAKE LOTS OF WATER.

AND, AND, AND THAT ONE, THAT LOT IS ACTUALLY VERY, VERY CLOSE TO THE, TO THE WATERWAY, TO THE CREEK, RIGHT? SO, UH, YOU KNOW WHAT, ADDING A HOUSE DEFINITELY WILL EX EX EXACERBATE THE RUNOFF, RIGHT? IT'S, UH, SO THAT'S, THAT'S DEFINITELY, UH, OUR MAJOR CONCERN.

A A COUPLE P HERE, PEOPLE HERE LIKE VAN CLAREDON, FIRE CLATON, UH, 1211 AROUND HERE, YOU KNOW, WE WERE REALLY HIT SO HARD LA LAST, UH, YEAR BY, BY UH, UH, WHATEVER, I FORGOT THE NAME EVEN, BUT, BUT YOU KNOW, EVEN THOUGH IF IT'S NOT NATURAL DISASTER, WE GOT FLOOD ALL THE TIME.

I UNDERST UNDERSTAND.

SO, SO CONVERSELY, IF I WERE TO SAY, SORRY, LEMME JUST FINISH THIS ONE QUESTION.

CONVERSELY, IF I WERE TO SAY THAT WHAT WE HAVE BEEN TOLD IS THE CASE BY, UM, AN EXPERT, THAT IF THE HOUSE IS PUT IN THE LOCATION, THAT THE, UM, PLANS THAT THEY, THEY HAVE IN, IN STORE TO CONTROL THE WATER IN THAT POINT MIGHT BE OF SOME ASSISTANCE.

DO YOU THINK THAT THAT WOULD BE, I, I, I THINK TO SAY I, I, WITHOUT KNOWING THE DETAIL, UH, I JUST DON'T, IT'S HARD FOR ME TO, TO, TO BELIEVE.

I KNOW, LIKE MAYBE PUT SOME, UH, SOME, SOME LIKE WELLS, RIGHT? RE RESERVE THE WATER, BUT, UH, I THINK YOU GUYS SEE WHEN THE WATER COME WAS LIKE A, AS FAST AND FURIOUS WAS LIKE A, LIKE A RIVER, RIGHT? I, UH, IT, YOU KNOW, I I THINK IT'S JUST A, A, A LITTLE, WELL, YOU KNOW, DRY WELL THERE, IT'S JUST GONNA BE FILLED OUT IN, IN, IN, UH, IN ONE MINUTE.

MIGHT BE A GOOD IDEA OR NOT AT THIS POINT.

SO YOU DON'T REALLY HAVE THE KNOWLEDGE THAT YOU COULD SAY THAT YES, THAT

[00:50:01]

THAT'S, THAT'S WHAT I HEAR.

I, I, I, RIGHT.

I, I'M NOT SURE, BUT I, I, I, IT'S JUST COMMON SENSE TOLD ME IT'S HOW THAT COULD HELP, RIGHT? YEAH.

WELL, MAYBE YOU COULD SPEAK TO THE ARCHITECT ALSO ON THIS PROJECT.

I KNOW THAT SOMEONE ELSE WANTED TO ASK A QUESTION, I'M NOT SURE.

YES, THAT WAS ME.

YES, THAT WAS ME, YES.

MR. UM, AND I JUST WANTED TO MAKE A STATEMENT THAT WE, ON THE BOARD ARE TRYING TO BE VERY OBJECTIVE IN HOW WE OB UH, OBSERVE WHAT'S HAPPENING FOR US IN TERMS OF THE PRESENTATION OF THIS CASE.

UM, BUT THERE'S CERTAIN THINGS THAT WE DO HAVE TO TAKE INTO CONSIDERATION.

ONE BEING THAT ALL NEW HOMES THAT ARE BEING BUILT THESE DAYS HAVE TO MEET MINIMUM, UH, WATER RUNOFF REQUIREMENTS, UM, AS OPPOSED TO, I DON'T KNOW WHEN YOUR HOME WAS BUILT, BUT IT WAS MOST LIKELY AT A POINT IN TIME BEFORE, UH, THOSE REQUIREMENTS WERE PUT IN PLACE, WHICH IS WHY YOU ARE SUFFERING FROM NOT JUST YOU, UH, YOU PLURAL, YOU AND YOUR NEIGHBORS ARE SUFFERING FROM THE KINDS OF FLOODING THAT YOU ARE ATTESTING TO.

BUT AS I STATED BEFORE, NEW HOMES THESE DAYS HAVE TO MEET VERY MINIMUM, UM, WATER RUNOFF REQUIREMENTS IN TERMS OF IMPERVIOUS SURFACES, UH, PROPER DRAINAGE THAT MEETS THE SQUARE, UH, FOOTAGE OF YOUR ROOF OF WATER RUNOFF.

UM, AND FROM WHAT I SAW BRIEFLY IN THE, IN THE DRAWING, THERE'S NOT ONE, BUT ACTUALLY FOUR CALTECH, UH, DRAINS THAT ARE GOING TO BE PUT ON THAT PROPERTY TO HELP CONTROL THE, UH, THE WATER RUNOFF.

SO THAT'S, UH, ONE OF THE THINGS THAT I WANTED TO JUST MAKE CLEAR THAT JUST BUILDING A HOUSE DOESN'T MEAN THAT YOU'RE GOING TO EXACERBATE, UH, THE FLOODING, BUT IN FACT, YOU, YOU MUST, AS A REQUIREMENT MEET THE MINIMUM, UH, WATER RUNOFF AND DRAINAGE REQUIREMENTS SET BY THE TOWN.

SO WELL SAID.

I, I, I, I HAVE TO, UH, STEP IN HERE.

NO, YOU DON'T.

JUST WAIT A MINUTE, MS. ES.

UM, SO I JUST WANTED TO MAKE SURE THAT I MADE THAT POINT CLEAR TO YOU THAT JUST BUILDING A HOUSE DOESN'T NECESSARILY MEAN THAT IT'S GOING TO MAKE YOUR FLOODING SITUATION ANY WORSE.

AND IN FACT, IT MIGHT MAKE IT BETTER.

IT'S JUST THAT I DON'T KNOW WHERE YOUR HOUSE IS, UH, IN RELATIONSHIP TO THIS PROPERTY.

SO THAT WAS ONE OF THE REASONS WHY I INITIALLY ASKED THE QUESTION, UH, WHETHER OR NOT THE HOUSE THAT WAS INTENDED TO BE BUILT ON THIS PROPERTY MEETS ALL, ALL THE CONFIRMING, UH, RULES, RULES AND REGULATIONS IN TERMS OF, UH, WHAT'S NEEDED TO BUILD THE HOUSE SO THAT THEY'RE NOT, AS CHRISTIE SAID, NOT COMING BACK BEFORE US TO SAY, OKAY, WE HAVE A ONE CAR GARAGE, BUT WE NEED TO EXPAND OUR DRIVEWAY, UH, IN ORDER TO HAVE ANOTHER CAR PARKED, WHICH MEANS INCREASING THE IMPERVIOUS SURFACE.

UM, SO I JUST WANTED TO MAKE THOSE POINTS, UH, CLEAR THAT THESE ARE THE POINTS THAT, UM, WE HAVE TO TAKE A LOOK AT WHEN WE'RE OBJECTIVELY, UH, REVIEWING THIS CASE.

YEAH, THANKS.

I MEAN, IT'S, WELL, MADAM CHAIR, DID, DID WE WANNA, UH, JUST HOW, HOW ARE WE, ARE, ARE WE GONNA GO TO MORE SPEAKERS OR, UM, I WANTED TO SEE IF THERE WERE OTHER SPEAKERS.

PLEASE IDENTIFY YOURSELF.

I DIDN'T WANT, YES.

YEAH, I JUST WANTED, UM, AND I KNOW ALL OUR RESIDENTS HAVE GOOD COMMENTS.

I JUST, YOU KNOW, IT'S WITH THE ZOOM, IT'S DIFFICULT.

UM, WHEN WE'RE LIVE, THERE'S REALLY NOT A BACK AND FORTH IN THIS FASHION, SO I JUST WANNA BE RESPECTFUL OF THIS STENOGRAPHER AND MAKE SURE EVERYONE GETS A CHANCE TO SPEAK.

SO THANK YOU.

UM, I DON'T BELIEVE ANYONE ELSE, UH, SIGNED UP VIA THE CHAT, WHICH IS WHAT WE HAD REQUESTED.

UM, BUT AT THE RISK OF SOMEONE NOT BEING ABLE TO USE THAT FUNCTION, IS THERE ANYONE ELSE WHO HAS NOT SPOKE THAT? UH, YES.

LIKE TO, UH, I GOT IT.

UH, OKAY, GO AHEAD, SIR.

THAT, UM, I KNOW STEVE TALKED ABOUT, UM, THE FLOODING ISSUE DOWN HILL, AND I KNOW HE'S ON PRIVATE PLACE.

MY NAME IS, UH, TARA GUPTA, AND, UH, I OWN THE HOUSE, UH, WHICH IS ONLY TWO ROAD, WHICH IS TWO LOT OVER FROM, UM, THIS NOT IN QUESTION.

WE ALSO OWN A LOT THAT IS RIGHT ADJACENT ON THE NORTH SIDE.

UM, AND THE OTHER ONE BUILDING THE HOUSE.

UM, I KNOW, I DON'T KNOW IF THERE WAS A QUESTION, IF THERE'S A VACANT LOT, UM, NEXT TO THIS LOT, UM, BUT THEY'RE REFERRING TO THE, THE LOT THAT, YOU KNOW, HAS A HOUSE BEING BUILT.

UM, THAT IS OUR LOT.

UH, SO WITH

[00:55:01]

UM, I CAN TALK A LITTLE BIT ABOUT THAT.

UM, AND I KNOW MR. ESCAL, HE'S A RESPECTABLE CIVIL ENGINEER IN THE AREA, SO HE'S DONE A STUDY.

UM, BUT IF I CAN QUICKLY SHARE, UM, LET'S SEE.

OKAY, CAN EVERYONE SEE THIS? THIS IS A LETTER THAT I SUBMITTED TO THE Z B A, UH, LAST MONTH WHEN WE HAD THE FIRST HEARING.

UM, THIS IS A TOWN RESOLUTION.

UM, AND PAUL FINDER, THE SUPERVISOR, ACTUALLY SENT US A LETTER TO EVERYONE IN THE NEIGHBORHOOD.

YOU CAN SEE THIS WAS APPROVED JUST SIX MONTHS BACK, UH, FALL OF LAST YEAR.

UM, SO THE TIME WAS SPENDING ABOUT $350,000.

THEY RETAIN TO DO A STUDY.

THIS IS JUST A STUDY.

THIS IS NOT ANY SOLUTIONS RIGHT NOW.

UM, AND I'M JUST GONNA QUICKLY READ OUT FROM THE EXPERT EXCERPTS HERE.

UM, THE SECOND ONE, UH, WHEREAS THE AREA NORTH AND SOUTH MONJOY, INCLUDING CLARINE ROAD, SPECIFICALLY CLARINE PLACE AND HAVE EXHIBITED FLOODING, UH, DOWN BELOW, UH, THEY ALSO INCLUDED GREENVILLE FIRE DEPARTMENT.

UM, SO THERE IS AN EXTENSIVE FLOODING PROBLEM HERE THAT HANNAH'S SPENDING A LOT OF MONEY.

I MEAN, THEY'VE BEEN TRYING TO FIX THIS FOR, FOR YEARS, BUT FINALLY LAST YEAR THEY HARD MONEY ON THE LINE, $350,000 TO DO THE STUDY.

I WOULD REQUEST, AND I DON'T KNOW IF MR. SCOLA HAS REACHED OUT TO WOOD AND KAREN TO, TO SEE WHAT CHANGES, UM, THIS HOUSE HERE WOULD DO.

I KNOW LOOKING AT THE HOUSE, UM, YOU KNOW, IN PARTICULAR, NOT LOOKING AT THINGS AROUND THE HOUSE CAN BE DIFFERENT.

I MEAN, OBVIOUSLY THESE ENGINEERS ARE PUTTING IN THEIR EFFORT, TRYING TO FIGURE OUT HOW TO ALLEVIATE THIS FLOODING.

UH, I CAN ONLY SAY THAT, UH, BUILDING A NEW HOUSE, UH, YOU KNOW, IT'S GOING TO REDUCE THE PERMEABLE SURFACE AREA IS GONNA DISRUPT THE NATURAL VEGETATION.

UM, IT'S GONNA INCREASE THE DENSITY, UM, BY SQUEEZING THE HOUSE INTO THE SMALL LOT.

AND THINGS COULD GO IN AN UNEXPECTED WAYS.

MAYBE IT, IT MAKES THE FLOODING, UH, WORSE, UM, IN THE SAME LADDER.

AND THIS IS ANOTHER STUDY THAT THE TOWN DID, AND I'M NOT SURE IF THIS SHOWS OFF CLEARLY, UH, ON EVERYBODY'S SCREENS, BUT THERE IS A 24 INCH, UH, REINFORCED CONCRETE PIPE THAT LEAVES OUT RIGHT FROM THE APPLICANT'S LOT, UH, TO COLLECT WATER FROM THE BROOK.

UH, AND THIS WHAT HAPPENS TO BE IN THE WATERCOURSE BUFFER.

UM, AND I DON'T KNOW IF, YOU KNOW, YOU ARE GONNA PUT IN YOUR TIC CHAMBERS, YOU'RE GONNA PUT IN, UM, SOME OTHER WATER COLLECTION SOURCE, BUT MAYBE THAT'S NOT ENOUGH.

UM, MAYBE SOMETHING DIFFERENT WAS HAPPENING AND THE WATER TAKES A DIFFERENT COURSE.

SO I, I JUST WANNA GET THAT OUT THERE.

UM, THE OTHER POINT I WANNA MAKE, UM, SO I'M GONNA SHARE THE SITE PLAN THAT WAS SUBMITTED BY THE APPLICANT TO THE PLANNING BOARD.

UM, AND WE ALL KNOW THAT THERE'S A LARGE SEWER EASEMENT ON THIS LOT.

UM, I'M GONNA GO BACK TO, UM, I WASN'T ABLE TO ATTEND THE PLANNING BOARD MEETINGS.

UNFORTUNATELY, I HAD DIFFERENT ENGAGEMENT.

UM, AND I KNOW THAT THEY HAD NO DISCUSSION ABOUT THIS SEWER LINE AT ALL, UH, WHICH WAS SURPRISING.

BUT AS YOU CAN SEE, THE HOUSE EDGE IS SITTING RIGHT NEXT TO THE EASEMENT.

UM, I, I DON'T KNOW IF THE NUMBERS OF THE BOARD CAN SEE THIS, UH, WHERE I'M POINTING MY MOUSE.

UM, THE FOUNDATION WALL IS TOUCHING THE EASEMENT.

NOW, THIS IS AN EIGHT INCH SOLAR LINE, UH, SERVICING HOUSES, UM, UP ON ARGO ROAD.

UH, MY QUESTION IS, DO YOU EVEN KNOW WHO OWNS THIS EASEMENT? UM, I MEAN, IS IT THE TOWN GREENBERG? IS IT THE WATER SEWER DISTRICT? AND HOW MANY HOUSES IS IT SERVICING? I MEAN, I KNOW THAT AT LEAST ONE HOUSE HAS BEEN SERVICED.

UH, AND WHEN WE STARTED BUILDING OUR HOUSE, THE NEXT DOOR, UH, ON THE ADJACENT LOT, WE FOUND A LOT OF ROCK.

UH, WE WERE 30 OR 40 FEET AWAY FROM WHERE THE ROCK WAS, UH, BUT WE HAD TO USE A LARGE HYDRAULIC HAMMER.

MY QUESTION WOULD BE, THERE'S CLEARLY ROCK ON THIS PROPERTY.

HOW WOULD EXCAVATION BE DONE? UH, HOW WOULD ROCK BE REMOVED SO CLOSE TO THIS OLD EIGHT INCH CLAY SEWER

[01:00:01]

PIPE AND GUARANTEE THAT THE SEWER PIPE IS NOT DAMAGED? UM, SO THE, UH, THE ENGINEER WHO'S HELPING US WITH OUR HOUSE, UH, GREG HAT CHIPPER, WHO WORKS FOR, UH, GABRIEL SENA, UM, I ASKED HIM, UM, FOR SOME NOTES ON THIS, AND HE EXPLAINED TO ME THAT OSHA REQUIRED OVER EXCAVATION BY THREE FEET.

UH, SO, WHICH MEANS FOR THIS FOUNDATION, WE ARE GONNA BE LITERALLY ON TOP OF THE SEWER LINE.

UM, ALSO, UM, THE COUNTY REQUIRES A FIVE FOOT SATURATION BETWEEN ANY DRAIN PIPE LIKE FOOTING DRAINS AND A SEWER LINE.

SO HOW ARE THE FOOTING DRAINS GONNA BE PUT HERE? THE WAY THE FOUNDATION IS RIGHT NOW, THE FOOTING OF THE FOUNDATION IS ALREADY GOING INTO THE EASEMENT.

UM, AND IF YOU WANNA STAY AWAY, MAYBE FIVE FEET FROM THE EASEMENT AT LEAST, UM, HOW WOULD THIS HOUSE LOOK? IT COULD BE SO NARROW.

I'M NOT, I'M AFRAID TO SAY THIS.

THIS LOOKS LIKE A SHOTGUN HOUSE TO ME.

IT WOULD BE, I DON'T KNOW, 30 FOOT WIDE.

UH, THE DRIVEWAY WOULD JUST END UP IN THE HOUSE, AND YOU HAVE A LITTLE HOUSE LEFT OVER NEXT TO THE DRIVEWAY.

UM, THERE'S ALSO THE ISSUE OF, UM, THIS BACK WALL.

I MEAN, YOU CAN SEE FROM, UM, THE SITE PLAN THERE IS, IS AN EXISTING 14 TO 16 FOOT WALL.

AND THIS WALL HAPPENS TO BE ALREADY ABOUT 15 FOOT UP FROM THE ROAD.

AND WE'VE SEE SURVEY, UH, THE TOTAL LINE SAYS 2 64, AND ON THE ROAD I CAN SEE TWO 50.

SO YOU ARE LOOKING AT 14 FOOT RISE.

ON TOP OF THAT, YOU HAVE A 15 TO 16 FOOT WALL ON TOP OF THE WALL.

AND THIS HAPPENS TO, WITH THE APPLICANT, HE CONSTRUCTED A SIX FOOT FENCE ON TOP OF THIS WALL FOR THE HOUSE FACING IN ARGAN ROAD 57 AVENUE ROAD.

SO STANDING BACK AT THIS HOUSE YARD, YOU ARE LOOKING UP ON 15 PLUS SIX.

I MEAN, ANYWHERE FROM 25 FOOT TO MAYBE 30 FOOT.

AND I, I CAN'T IMAGINE THIS IS LIKE THE NCE OF DAM AND YOU'RE BUILDING A HOUSE RIGHT IN FRONT OF IT, UH, AND A NARROW HOUSE THAT IS VERY DEEP.

UM, I DON'T SEE HOW THE DRIVEWAY WOULD FIT HERE.

I WOULD SUGGEST IF, AGAIN, THIS IS COMING FROM MY DISCUSSION WITH THE CIVIL ENGINEER, UM, IF WE CAN DO A GEOTECH STUDY TO SEE HOW MUCH ROCK THERE IS TO EVEN SEE IF THE SEWER LINE WOULD SURVIVE EXCAVATION HERE.

UM, AND, AND MAYBE EXPLAIN THIS SITE PLAN, HOW THE SITE PLAN IS VIABLE NEXT TO THIS EASEMENT.

MY EASEMENT ACTUALLY SAID A MODERN EIGHT INCH SEWER LINE WOULD HAVE A 20 FOOT EASEMENT.

IT HAS TO BE 10 FOOT IN EITHER SIDE.

I MEAN, THIS IS COMING FROM 1947, AND WE DON'T EVEN KNOW IF THE SEWER LINE HAS BEEN CHANGED SINCE THEN.

UH, AND BY THE WAY, THIS SEWER LINE IS NOT LIKE A TYPICAL SINGLE FAMILY HOUSE SILVER LINE.

UH, IT, IT HAS TWO MANHOLES.

YOU CAN SEE ON THE SITE PLAN.

I DON'T KNOW IF IT'S VISIBLE.

ONE OF THE MANHOLES HAS NOT EVEN BEEN DISCOVERED.

IT'S, IT'S LOST SOMEHOW.

AND THESE ARE LARGE MANHOLES.

THE OTHER MANHOLE HAPPENS TO BE VERY CLOSE TO A LOT.

AND I CAN SEE IT'S A HUGE IRON, YOU KNOW, CIRCULAR COLOR.

UH, SO I'M VERY CONCERNED THAT WHO IS GOING TO TAKE CARE OF DAMAGE TO THIS LINE.

UM, SOME OF THE KIDS IN THE HOUSE NEXT DOOR, I'VE HEARD ABOUT TOXIC SEWER FUMES.

YOU HAVE CRACKS IN A CLAY SOLAR PIPE.

GOD KNOWS IF IT'S SERVING 10 HOUSES ON ARGO.

UM, YOU KNOW, WE WE'LL BE DOING WITH TOXIC FUELS, WE'LL BE DEALING WITH, UM, SEWER WASTE, WHICH AGAIN, WE KNOW THIS IS A FLOOD FROM AREA, WHICH MAKES IT WORSE.

UM, SO, YOU KNOW, IN CLOSING, I WOULD REQUEST THAT WE DO THE GEOTECH STUDY.

WE DO, UM, THIS EASEMENT STUDY SURVEY, THIS LINE, MAYBE EVEN GRAPH THE SEW LINE, SEE WHERE IT GOES.

UM, YOU KNOW, AND IF IT'S NOT TOO MUCH, I WOULD REQUEST, UM, THE APPLICANT MUST TAKE THE SITE PLAN.

UH, SO I'M HOPING MEMBERS OF THE Z B A COULD GO AND SEE, MAYBE THE NEIGHBORS CAN GO AND SEE HOW THIS HOUSE FITS.

UH, IF THE APPLICANT CAN STATE THE SEWER LINE, WE'LL SEE HOW FAR THE HOUSE SIT FROM THE SEWER LINE.

UM, ALSO IF, UM, YOU KNOW, THEY CAN TAKE THE DRIVEWAY BECAUSE I FORGOT TO MENTION, THERE'S A UTILITY POLE RIGHT IN THE MIDDLE OF THIS LOT, BUT IT'S A CON ADDISON POLE SERVING VERIZON, COMCAST, AND THE ELECTRICAL WIRE.

[01:05:01]

UM, SO WHERE IS THE DRIVEWAY GOING TO BE WITH THIS POLE? IS THERE A PROPOSAL TO MOVE THE POLL? UM, SO THOSE ARE MY QUESTIONS.

UM, LEMME GO TO MY NOTES TO SEE IF I MISSED SOMETHING.

AND AGAIN, UM, I KNOW MR. S TALKED ABOUT THIS HOUSE BEING IN CHARACTER WITH THE NEIGHBORHOOD.

UM, AND I WENT THROUGH THE LIST SUBMITTED IN THE LETTER BY THE APPLICANT FOR NOT SIZES.

THEY, I COULDN'T FIND ONE.

THEY TALK A LOT ABOUT UNDERSIZED LOTS, BUT THEY UNDERSIZED FROM 7,500 SQUARE FOOT.

THEY MIGHT BE 68, THEY MIGHT BE 69.

I MEAN, I CANNOT FIND ONE HOUSE ON THE ENTIRE CLAIN ROAD OR CLAIN PLACE.

NOW YOU'RE TALKING ABOUT UPWARDS OF 50 HOUSES.

THERE'S NOT ONE HOUSE THAT IS SMALLER THAN 6,800 OR 6,700.

WE ARE, I MEAN, GOING TO CREATE THE SMALLEST BUILDABLE LOT IN THIS ENTIRE NEIGHBORHOOD, UH, WHICH IS FURTHER SMALLER BECAUSE OF THE SEWER LINE, EAST BEND.

UM, YOU KNOW, IT'S LITERALLY 5,000 SQUARE FOOT AFTER YOU TAKE THIS, THE SEWER LINE EASEMENT.

AND IT'S GOING TO BE AN UNSIGHTLY, UGLY, NARROW HOUSE SITTING NEXT TO, YOU KNOW, OUR NEW HOUSE.

I'M SORRY TO SAY THIS, , I HAVE FULL FAIR OPINION, MR. SCADA.

I'M SURE YOU KNOW, YOU'LL DO YOUR MAGIC TO, TO TRY AND GIVE US A GOOD HELP.

BUT THE, THE WAY THAT THINGS ARE, I JUST DON'T KNOW HOW IT'LL FIT.

AND THAT'S WHY I'M REQUESTING STAKING AND I'M REQUESTING IF YOU CAN EXPLAIN HOW THIS WOULD FIT, UH, NEXT TO THE EASEMENT.

UH, THAT'S ALL I HAVE TO SAY.

THANK YOU FOR LISTENING.

SOME OF IT WAS NOT BAD THING.

I KNOW.

BEFORE WE HAVE ANY RESPONSE TO THAT, IS THERE ANYONE ELSE IN THE AUDIENCE ON THE BOARD THAT HAS ANY QUESTIONS? I'D JUST LIKE TO REBUT SOME OF THE THINGS SAID EARLIER BY MR. ESCAL.

HOLD, HOLD ON, .

I, I WAS GONNA SAY, LEMME, LEMME, LEMME ANSWER MR. GUPTA'S, UH, QUESTIONS.

HERE IT, CAN I ANSWER QUICKLY? PLEASE.

THAT HOLDS THE WATER BACK, WHICH PONDS, AND THAT WAS STATED AS WELL BY A PREVIOUS RESIDENT.

AND I ONLY SAY THAT BECAUSE WE REALLY DO HAVE QUITE A HAPPY SCHEDULE TONIGHT.

I'LL BE QUICK.

I'LL BE QUICK THERE.

THERE HAVE BEEN SOME COMPLICATED, UH, ISSUES RAISED ON THIS PROPERTY, SO, WELL THEY'RE NOT COMPLICATED.

THEY'RE MAY BE MADE COMPLICATED, BUT THEY'RE NOT, UH, WITH RESPECT TO THE TWO HOUSES BEING BEAUTIFUL OR UGLY.

I HAVE TWO DAUGHTERS ONE'S TOTALLY, I HAVE TO DO THAT.

YOU DON'T HAVE TO DO THAT.

BOTH OF THEM, BOTH OF THEM ARE BEAUTIFUL TO ME.

UM, I THINK THAT'S A SILLY COMMENT THAT THAT KIND OF PUTS THE FLAVOR ON THE ENTIRE, LET'S FOCUS, LEMME ADDRESS, LEMME ADDRESS THE, UH, THE, THE MANY COMMENTS ABOUT THE SEWER.

THE SEWER, UM, THE MAN WHO WAS IDENTIFIED AND IF HE HAD GONE THROUGH ALL THE DRAWINGS, HE WOULD'VE SEEN THAT THE TOWN OF GREENBURG, THE BUILDING DE THE ENGINEERING DEPARTMENT, REQUESTED THAT WE STAKE OUT THE SEWER AND THAT WE, UH, MAP AND FIND THE MANHOLE THAT WAS NOT, UH, IN THE MAP ORIGINALLY, WHICH IS PROBABLY THE ONE HE IS LOOKING AT.

IT CERTAINLY WAS DONE AND IT WAS CHECKED AND IT WAS, IT WAS VIEWED AND IT IS IN THERE AND IT'S IN THE VERY MIDDLE OF THE, OF THE EASEMENT.

AND THAT'S, THAT WAS THE CONCERN OF THE ENGINEERING DEPARTMENT AND THAT WAS ADDRESSED.

UH, THEY HAVE NO PROBLEM WITH THAT.

THE CONSTRUCTION, UM, WE HAVE DUG DOWN TO FOUR FEET.

WE HAVE NO ROCK.

WE DON'T KNOW AFTER FOUR FEET WHAT WE'LL FIND, BUT I GUARANTEE YOU THAT IT, IF IT IS ROCK, THE, THE, THE HIGH END REQUIREMENTS OF THE TOWN OF GREENBURG FOR, UH, EXCAVATION OR SHIPPING IS GOING TO BE, UH, VERY DECLARATIVE AS TO WHAT AND HOW WE'RE GOING TO DO IT.

AND, AND, AND THE REQUIREMENTS OF THAT PROCESS IS VERY, VERY, VERY DIFFICULT.

WE MAY AT THE POINT WHEN WE, IF WE FIND LOT, AND IF WE CHOOSE TO NOT DEAL WITH THE CHIPPING, WE MAY NOT HAVE A BASEMENT.

AND THAT'S, THAT'S WITHIN OUR FREEDOM AND OUR RIGHT TO DETERMINE LATER.

AND THAT IS BETWEEN THE BUILDING DEPARTMENT AND OURSELVES.

UH, IT SUFFICES TO SAY THAT THE HOUSE IS GOING TO BE BUILDING THERE, BE BUILT THERE.

IT'S ABSOLUTELY IN THE MEDIUM OF SIZES OF ALL THE HOUSES THAT ARE IN THE NEIGHBORHOOD.

SO IT WON'T BE, IT WON'T BE UNDERSIZED.

UH, THE POLL, ANYTIME THAT THERE'S AN ISSUE OR A CONFLICT WITH A POLL FROM CON EDISON, CON EDISON IS WE ARE RE WE CAN REQUEST THAT THE POLL BE MOVED.

THAT WILL BE ADDRESSED IN THE FUTURE.

THAT IS, AGAIN, NOT, UH, A CONCERN.

I THINK, UH, FOR THE, THE, THE PLANNING BOARD, THIS CAN BE DONE AT, AT WILL WITH CON EDISON.

UM, NUMBER THREE, THE, THE DRAINAGE, UH, THAT WAS DISCUSSED EARLIER.

UH, WE, IT WAS DISCUSSED THAT THE TOLERANT COMES FROM THE BROOK.

THAT'S VERY GOOD BECAUSE THAT MEANS THAT THE WATER PROBLEM IS NOT BEING CAUSED BY ANY HOUSE IN THE LOWER SECTION IS BEING CAUSED BY THE, BY THE STORE FLOOR FROM ABOVE.

NOW I READ THE REPORT AND THAT REPORT IS BASICALLY IF WE PAY THEM MORE MONEY, THEY'RE GONNA SAY THE ANSWER PUT A 60 INCH CULVER AT THE POINT OF INTERSECTION

[01:10:01]

THE PONDING IS WHAT'S CAUSING THE, THE PROBLEM.

AND THAT IS THE UNDERSIZE OF ALL THE CULVERTS AND ALL THE PIPES, ALL THE DRAINAGE SYSTEMS AND ALL THE TOWNS IN WESTCHESTER BECAUSE NO ONE FORESAW THE TREMENDOUS GROWTH AND THE PAVEMENT AND ALL OF THAT.

IT IS ENDEMIC TO WHAT IS HAPPENING IN ALL THE VILLAGES.

AND OF COURSE THE PUBLIC WORKS PROGRAM I'M SURE WILL EVENTUALLY GET TO IT AND REPLACE IT.

BUT THE MERE FACT THAT WE'RE BUILDING ANOTHER HOUSE, UM, IS NOT THE, THE, WE CAN'T EQUATE THAT WITH ADDITIONAL STORM WATER BECAUSE WE'RE GOING TO TAKE, WE'RE GONNA SWALLOW THREE TIMES THE AMOUNT OF WATER THAT WE'RE SUPPOSED TO, WE'RE GONNA BENEFIT THE AREA.

NOT HEARD IT.

AND MR. GUPTA, I'M SURE DID THE SAME THING WITH HIS NEW HOUSE.

I'M SURE THAT HE IS NOT CONTRIBUTING TO THE STORM WATER PROBLEMS OF THE AREA.

AND HE WAS GIVEN A PERMIT AND HE WAS GIVEN A PERMIT BECAUSE HE DIDN'T NEED ANY VARIANCES OR DID HE NEED A VARIANCE? ALRIGHT, MR, MR, MR GIVEN VARIANCE, I'M NOT SURE.

LET'S FOCUS ON WHAT WE CAN ADDRESS.

THIS IS ON BOARD.

THE POINT IS THAT I WANNA LEAVE THE BOARD WITH THIS IMPRESSION.

WE ARE NOT GOING TO CAUSE ADDITIONAL WATER.

IN FACT, IT'S THE OPPOSITE.

WE'RE GOING TO BE HOLDING BACK MORE WATER THAN WE ARE EVEN LEGALLY ALLOWED TO HAVE.

WE ARE NOT BUILDING AN UGLY HOUSE.

UM, AND WE ARE NOT, WE'RE NOT GOING TO BE DESTROYING ANY SEWER.

WE WILL BE VERY CAREFUL.

AND THE GENERAL EXCAVATION, A CONTRACTOR WILL HAVE MANY INSURANCES IN PLACE AND NOBODY WANTS TO EVER GO NEAR THAT STORE OR HERD IT.

WE MAY NOT EVEN DO THE BASEMENT AT THE FULL HEIGHT.

I KNOW THAT FROM FOUR FEET FROM THE SURFACE, THERE'S NO ROCK BEYOND THAT.

I DON'T KNOW.

WE WILL DO BECAUSE WE DID THE FOUR FEET FOR THE DRAINAGE AND THAT'S IT.

I I REALLY, I DON'T WANT THIS, THIS BLACK CLOUD TO COME PROJECT IS NOT ALLOWED SHOULDN'T WE? THANK YOU.

YES, MR. SERANO, PLEASE.

ALRIGHT, SO AS THE BOARD WELL KNOWS, ONE, THE ONE, THE FIVE, IN FACT THE FIFTH OF THE FIVE STATUTORY, UH, CONSIDERATIONS OR FACTORS IS WHETHER THE DIFFICULTY OR THE, OR THE, UH, UH, NEED FOR THE VARIANCE IS SELF-CREATED.

AND, AND HERE IT'S A CLASSIC CASE OF SELF-CREATION.

CAN I, UH, SHARE MY SCREEN AGAIN? I WAS HOPING THIS WOULD BE QUICK.

IT'LL BE QUICK.

WE'LL BE, LEMME JUST, LEMME JUST SAY OVERALL FOR THE, FOR THE PURPOSES, YES.

WE USUALLY, BACK IN THE DAY, AND I SAY BACK IN THE DAY, MEANING BEFORE THE PANDEMIC, WE USUALLY WOULD HAVE APPROXIMATELY A 20 MINUTES KNOWING WHAT OUR, OUR OUR, THE NUMBER OF CASES WE HAVE APPROXIMATELY 20 MINUTES.

THE FACT THAT THE FIRST TWO CASES MOVE PRETTY QUICKLY, I WAS GIVING YOU SOME LEEWAY, BUT THERE IS A LIMIT BY WHICH WE JUST CAN'T HAVE A CASE GO ON, ON WITHOUT TO THE DETRIMENT OF OTHERS WHO ARE WAITING TO BE HEARD BECAUSE THEY ALSO HAVE MATTERS THAT NEED TO BE ADDRESSED.

UNDERSTOOD.

I NEED 60 SECONDS.

OKAY, SO, UH, I HAVE UP ON THE SCREEN.

IS IT SHOWING ON EVERYBODY'S SCREEN? NOT YET.

IT'S NOT.

DO I HAVE TO PUSH SHARE OR SOMETHING? HANG ON.

UM, ALRIGHT.

I PUSH SHARE YOUR, YOUR SECONDS ARE GOING FAST.

YES, I KNOW.

IS IT UP NOW? NO.

UH, JUST DESCRIBE IT.

CAN YOU HELP ME AT YOUR END? NO, IF YOU, YOU SHOULD HIT THE SHARE SCREEN AND IT SHOULD WORK.

JUST STARTED.

OKAY, NOW HE'S GOTTA BRING UP THE DOCUMENT.

ALL RIGHT, SO HERE WE ARE.

SO, UH, THE APPLICANT OWNED THE THREE LOTS TOGETHER FOR TWO YEARS, AND, UH, AND HE COULD HAVE SOLVED HIS OWN PROBLEM BY SHIFTING SOME OF HIS OVERSIZED LOT 57 ARGYLE DOWN TO THESE TWO LOTS.

AND HOW DO I KNOW THAT? BECAUSE I'M SHOWING YOU NOW MR. ESCALADE'S THREE OPTIONS.

THIS WAS OPTION NUMBER ONE TO MR. ESCAL PUT BEFORE THE PLANNING BOARD.

THIS IS OPTION NUMBER TWO THAT MR. ESCAL PUT BEFORE THE PLANNING BOARD IN APRIL OF 2020 AND THIS'S THIRD OPTION.

SO THE, THE APPLICANT NEVER PURSUED THE PLANNING BOARD LOT LINE CHANGE THAT MADE A DIFFERENT STRATEGIC DECISION TO COME TO YOUR BOARD AND SEEK, SEEK A SUBSTANTIAL VARIANCE.

LASTLY, UH, THE GRANTING UNDER, UNDER SECTION 25 DASH 48 B ONE OF YOUR GREENBERG TOWN ZONING ORDINANCE.

IT SAYS THAT THE NO VARIANCE, NO VARIANCE SHALL BE GRANTED UNLESS YOUR BOARD OF APPEALS FINDS THAT THE GRANTING OF THE VARIANCE WILL BE IN HARMONY WITH THE NEIGHBORHOOD.

HOW DOES CREATING A HOUSE ON THE SMALLEST LOT IN THE NEIGHBORHOOD, HOW CAN THAT BY DEFINITION BE IN HARMONY WITH THE NEIGHBORHOOD? THANK YOU VERY MUCH.

IF YOU COULD PLEASE HIT THE STOP SHARE.

SHARE AT THIS POINT, BUT WE'RE GOING TO MOVE ON TO THE NEXT CASE ON TONIGHT'S AGENDA.

YES, I KNOW THAT, UH, PERHAPS THERE MAY BE COMMENTS, UH, THAT YOU WISH TO

[01:15:01]

STOP NOW TIME WE CAN COME BACK.

NEXT CASE IS ONE OF THE NEW CASES, CASE 2201, ALABAMA, UH, I CAN'T PRONOUNCE THE LAST NAME, I'M SORRY.

PROPERTY AT 45 LAWTON AVENUE, HARTSDALE.

GOOD EVENING CHAIRPERSON AND MEMBERS OF THE BOARD.

MY NAME IS JIM STOUT.

I'M THE MEMBER OF THE LAW FIRM OF MCCULLOUGH GOLDBERG AND STOUT, AND I REPRESENT THE APPLICANT ALBANA JUBA LODGE.

UM, WITH ME TONIGHT ARE ALBANA JUBA LODGE AND MY LAW PARTNER, KEVIN STOUT.

UM, THIS IS AN APPLICATION FOR AN INTERPRETATION THAT 45 TON AVENUE IS A LEGAL NON-CONFORMING TWO-FAMILY HOUSE, OR IN THE ALTERNATIVE FOR A USE VARIANCE TO PERMIT, PERMIT ITS HISTORIC USE AS A TWO FAMILY HOUSE TO CONTINUE.

AS YOU KNOW FROM MY SUBMISSION, UM, IVANA IS A SINGLE MOTHER OF TWO COLLEGE CHILDREN, ABANDONED HER CHILDREN CURRENTLY LIVE IN AN APARTMENT IN THE BRONX, AND OBAMA WORKS HERE IN GREENBURG AND HAS EXTENDED FAMILY MEMBERS WHO LIVE HERE IN GREENBURG.

SO FOR A LONG TIME SHE'S BEEN SEEKING TO LIVE HERE AND TO BE CLOSE, PARTICULARLY TO HER JOB AND TO HER FAMILY MEMBERS.

UH, I WONDER NOW IF I CAN SHARE MY SCREEN.

YES, YOU'RE ENABLED.

WHAT ANY REASONABLE PRUDENT PERSON WOULD DO.

SO, UM, ARE YOU SEEING THE SCREEN NOW? YES.

YES, WE ARE.

SO, UM, THIS OF COURSE STARTED WITH, UM, ABOUT, UH, ABOUT IDENTIFYING THE BROKER, WHICH SHE DID.

UM, AND, UM, RESPONDING TO A, A LISTING FOR 45 LAWTON.

SO I'M SHOWING YOU NOW THE LISTING.

I'M GOING TO, UM, INCREASE THE SIZE OF THAT BIT.

AND, UM, AS YOU SEE ON THIS FIRST PAGE, IT SAYS, PRICED TO SELL GREAT INVESTMENT PROPERTY, LIVE IN ONE APARTMENT AND RENT THE OTHER TENANT IT PAYS, ET CETERA.

UM, AND IF I ESCAPE OUTTA THAT, AND YOU LOOK AT THE NEXT PAGE, IT, UH, IT TALKS ABOUT THE, THE TWO FAMILY, THE MULTI-FAMILY HOME, UH, AND THE FACT THAT THEN THE TENANTS HAVE BEEN THERE FOR YEARS AND SO FORTH.

SO THE, UM, THE WORKERS' LISTING, UH, LISTED IT AS SUCH.

IT, IT DESCRIBED IT, UM, AS BEING TWO SEPARATE APARTMENTS WITH SEPARATE GAS AND ELECTRIC AND SO FORTH.

UH, WITH THE LISTING WERE ALSO SOME PHOTOGRAPHS.

UM, LET ME BRING THEM UP.

SO THESE WERE SOME PHOTO, THESE ARE PHOTOGRAPHS OF THE INTERIOR OF THE HOUSE THAT WAS AT, THERE WERE A NUMBER OF PHOTOGRAPHS AND WE'VE SUBMITTED SOME.

BUT, UM, I WANTED TO SHOW YOU THESE WHICH SHOW, UH, JUST GIVE YOU A SENSE, SHOW THE TWO APARTMENTS, UM, THAT, UM, THAT EXIST IN THE HOUSE.

THESE, THESE ARE THE, THESE ARE THE LIVING ROOMS OF EACH OF THE TWO APARTMENTS.

AND, UM, YOU'LL SEE IT IN MATERIALS AND FROM AND IN THE BROKERS LISTING THAT THIS HAS HISTORICALLY BEEN CONFIGURED AND USED AS A TWO FAMILY HOUSE WITH TWO SEPARATE APARTMENTS.

I DON'T THINK THERE'S ANY, UM, THERE'S ANY DEBATE ABOUT THAT, THAT FOR AS LONG AS ANYONE INVOLVED CAN REMEMBER.

UM, THIS HAS BEEN A TWO FAMILY HOUSE WITH SEPARATE ENTRANCES, SEPARATE ELECTRIC AND GAS METERS, SEPARATE KITCHENS, AND SO ON.

UM, THAT'S ALL ALSO, UH, ARTICULATED IN THE, IN THE, UM, ASSESSOR'S OFFICE RECORDS, UH, AS TAB C TO YOUR, UH, SUBMISSION.

UM, YOU'LL SEE THAT THERE'S AN AFFIDAVIT FROM MARIA WEISS WHO WAS THE BROKER.

UM, AND SHE EXPLAINS THE DUE DILIGENCE THAT SHE PERFORMED ENLISTING THIS AND SELLING THIS HOUSE AS A TWO FAMILY HOUSE.

SHE EXPLAINS HER EXPERIENCE AS A GREENBERG BROKER.

SHE TELLS HOW SHE INSPECTED THE HOUSE AND SAW THAT IT WAS CONSTRUCTED AS A TWO-FAMILY HOUSE, AND SHE SAW THAT IT WAS BEING RIGGED IN BY TWO TENANT FAMILIES.

SHE REVIEWED THE GREENBERG RECORDS, WHICH WE'LL TALK ABOUT IN A MINUTE.

AND SHE ALSO REVIEWED HISTORIC BROKERAGE LISTINGS GOING BACK AS FAR AS THEY WERE AVAILABLE FOR PREVIOUS SALES OF THE HOUSE TO PREVIOUS OWNER OWNERS.

AND SO THAT IN EACH INSTANCE, THE HOUSE WAS MARKETED AND SOLD AS, AS A TWO FAMILY HOUSE.

UM, SO, UH, HAVANA MADE AN OFFER WHICH WAS ACCEPTED, AND SHE PURCHASED THE HOUSE AS A HOUSE TO LIVE IN WITH HER CHILDREN AND RENT THE OTHER UNIT.

UM, SHE THEN DID

[01:20:01]

SHE, UM, SHE HIRED AN EXPERIENCED LOCAL REAL ESTATE ATTORNEY, UM, AND THAT WAS RICHARD KAMINSKI YOU HAVE AS EXHIBIT F.

IN THE SUBMISSION WE MADE TO YOU, UM, AN AFFIDAVIT FROM MR. KAMINSKI AND HE EXPLAINS THE DUE DILIGENCE HE DID REGARDING THE ZONING STATUS OF THE HOUSE.

HE REVIEWED THE TAX OFFICE RECORDS, WHICH WILL COME TO THE BUILDING DEPARTMENT RECORDS.

HE CONFIRMED THAT IT HAD BEEN HISTORICALLY CONFIGURED AND USED AS A TWO-FAMILY HOUSE.

HE OBTAINED THE USUAL CONTRACT REPRESENTATIONS THAT IT WAS A TWO-FAMILY HOUSE.

HE THEN PROVIDED THIS INFORMATION TO THE MORTGAGE LENDER AND THE MORTGAGE LENDER, UH, OF COURSE VETTED ITSELF AS THEY DO AND LAND ON THE HOUSE, UM, AS A TWO-FAMILY HOUSE.

UM, ABANDONED THEN CLOSED ON THE HOUSE IN SEPTEMBER OF 21.

THEREAFTER, SHE BEGAN DOING WORK ON THE HOUSE, AND ONE THEN WAS STOPPED BY THE BUILDING PERMIT BECAUSE SHE HAD NOT OBTAINED THE PROPER PERMIT.

SHE UNDERSTANDS THAT THAT WAS A SERIOUS MISTAKE, WHICH SHE CERTAINLY REGRETS.

AND ALL WORK HAS STOPPED ON THE HOUSE.

WE'VE SPOKEN TO MR. DAN AND EVERYONE IS CLEAR THAT NO FURTHER WORK WOULD BE DONE ON THE HOUSE WITHOUT APPROPRIATE PERMITS.

IT WAS AT THAT TIME THAT THE BUILDING DEPARTMENT INFORMED ABANA THAT THEY HAD SOME UNCERTAINTY ABOUT THE TWO FAMILY STATUS OF THE HOUSE AND THAT SHE SHOULD COME TO THIS BOARD.

SOA IMMEDIATELY FILED AN APPLICATION WITH THIS BOARD.

SHE THEN, UM, ENGAGED OUR FIRM TO ASSIST HER.

SO, UM, WE ZERO BASED THIS AND WE CONDUCTED OUR OWN INVESTIGATION, UM, OF THE TWO FAMILY STATUS OF THE HOUSE.

SO WE REVIEWED BUILDING DEPARTMENT FILES, TAX OFFICE RECORDS, HISTORIC TITLE, COMPANY INFORMATION AND RECORDS PROVIDED BY THE SELLER.

UM, WE ASSEMBLED THAT INFORMATION, WHICH WE'VE PROVIDED TO YOU, AND NOW WE WANNA GO BACK TO SOMEONE.

SO, UH, SO THIS IS THE, UH, YOU KNOW, WHAT WE CALL THE PROPERTY CARD, UM, FROM THE TAX OFFICE.

IF YOU LOOK ON THE RIGHT SIDE HERE, YOU SEE THAT THE, UM, THE HOUSE WAS BUILT IN 1900.

IF YOU SEE THE CLASSIFICATION HERE, TWO 20, IT'S A TWO FAMILY YEAR-ROUND RESIDENCE.

UM, AND IF YOU LOOK AT THE ROOM DETAIL, YOU SEE, UM, TWO KITCHENS, YOU KNOW, EIGHT BEDROOMS, UH, MULTIPLE BATHS AND SO FORTH.

SORT OF A A A CLASSICALLY SET UP, UM, TWO FAMILY HOUSE.

SO, UM, WE MIGHT BE ON THAT WITH THE TAX OFFICE.

UM, WE, YOUR PACKET UNDER TAB C, YOU'LL SEE A, A STRING OF EMAIL CORRESPONDENCE BETWEEN US AND MR. FIO AND THE TAX OFFICE.

AND I'LL SAY THAT HE REALLY MADE EXTRAORDINARY EFFORTS TO ASSIST US IN, IN IDENTIFYING THE HISTORIC RECORD OF THIS, OF THIS HOUSE.

HE EXPLAINS THAT HE EVEN WENT BACK IN THOSE EMAILS INTO, UM, OLD MIKE FISH RECORDS IN THE TOWN AND DIDN'T HAVE A MICRO FISH READER.

SO HE USED THE ROOM MAGNIFYING GLASS AND CONCLUDED THAT HIS FALLBACK BACK AS THE RECORDS REPORT, HOUSE CLASS 45 LAWTON HAS BEEN CLASSIFIED AND TAXED AS, AS A TWO-FAMILY HOUSE.

SO LEMME GET TO THE BUILDING DEPARTMENT RECORDS, UH, WHICH WE OBTAINED FROM A SERIES OF SOURCES, OBVIOUSLY FROM THE, FROM THE BUILDING DEPARTMENT.

WE, WE, UH, FROM TITLE, FROM THE TITLE COMPANY'S HISTORIC RECORDS AND FROM THE, UH, AND FROM THE, UH, THE, THE SELLER OF COURSE.

SO, UM, THIS OF COURSE IS THE, UM, ONE COULD SAY ALMOST THE, THE BEGINNING AND THE END OF THE, OF THE DISCUSSION.

IF YOU LOOK AT THIS, UM, CERTIFICATE OF OCCUPANCY, UM, IT'S BEING, UH, YOU'LL SEE THAT IT SAYS LEGALIZED FINISHED MENT FOR LEGAL NON-CONFORMING TO FAIL.

AND THAT WAS ISSUED IN 1998.

ALSO IN YOUR, IN YOUR PACKET UNDER, UH, TAB G, YOU'LL SEE A NUMBER OF OTHER QUITE A WAY AFTER THE BUILDING DEPARTMENT, UH, RECORDS, UH, ALL OF WHICH JUST CORROBORATE, CORROBORATE.

BUT THIS HAS ALWAYS BEEN, UM, DEEMED AT TWO FAMILY HATS.

UM, AS, AS I SAY, THE HOUSE WAS BUILT, AS YOU COULD SEE FROM THE RECORDS BACK IN 1900.

UM, SO, UM, JUST TO GIVE YOU AN EXAMPLE OF, OF ANOTHER ONE OF THOSE, THIS IS A, THIS IS A BUILDING APP PERMIT APPLICATION FROM 2002, AND THERE'S A VERY SIMILAR ONE, UM, GOING BACK TO, UM, GO IN, IN 1998 AND A NUMBER OF OTHER RECORDS IN THE, IN THE BUILDING DEPARTMENT FILE.

AND YOU'LL SEE HERE, ARE

[01:25:01]

YOU ABLE TO SEE WHERE I'M POINTING? UM, IT, IT IDENTIFIES THIS AS A, AS A TWO FAMILY HOUSE, TWO UNITS.

SO IN IN PRACTICE, THE WAY THIS WOULD WORK IS THIS WAS AN APPLICATION FOR AN IMPROVEMENT.

BUT IF ONE, IF, IF THE OWNER HAD SUBMITTED AN APPLICATION FOR AN IMPROVEMENT TO THE BUILDING DEPARTMENT, WHERE, UM, THEY IDENTIFIED THE, THE HOUSE AS A TWO FAMILY HOUSE, IF THE BUILDING DEPARTMENT DID NOT AGREE WITH THAT, THEY WOULD NOT ISSUE THE, AND MOREOVER, AT THAT TIME, THEY WOULD'VE QUESTIONED THE STATUS OF THIS HOUSE AND, AND SERVED A VIOLATION, UM, QUESTIONING ITS STATUS AS A TWO FAMILY HOUSE.

BUT THAT DIDN'T HAPPEN HERE AND IT DIDN'T HAPPEN.

YOU'LL SEE THE OTHER BUILDING PERMIT, UM, APPLICATION MATERIAL ON THE FILE.

AND, UM, I THINK THAT'S SIMPLY BECAUSE IT'S, IT'S ALWAYS BEEN CONSIDERED A TWO FRIENDLY HOUSE AS LONG AS ANYBODY CAN REMEMBER, IT'S BEEN LIVED IN AS ONE AND USED AS WELL.

SO AFTER OUR FORM ASSEMBLED ALL THIS INFORMATION, WE MET WITH MR. MET WITH MR. BAN, AND WE REVIEWED IT WITH HIM.

BUT BY THAT TIME, THIS APPLICATION WAS ALREADY PENDING WITH YOUR BOARD.

SO MR. BAN ASKED US TO COMPLETE THE APPLICATION PROCESS, UM, BUT SAID THAT HE WOULD NOT BE TAKING A POSITION AGAINST THE GRANTING OF THIS INTERPRETATION.

UM, SO WE'VE GIVEN YOU A, A ROBUST SUBMISSION.

YOU HAVE A BUSY NIGHT, BUT YOU'LL SEE IN THERE THAT WE CITED, UM, REC CITED CASE LAW AND, AND CASE VERY SIMILAR TO THIS, WHERE THE, UM, WHERE THE NEW YORK COURTS HAVE SAID, UM, THE, A MUNICIPALITY THAT IS DETERMINED A USE IS VALID, IS A VALID NON-CONFORMING USE CANNOT YEARS LATER THEN CHANGE ITS POSITION.

UM, AND SAY THAT IT'S NOT, UM, I CAN SAY THIS TO YOU ABOUT THE, UM, ABOUT THE RECORDS IN THE USE.

UM, I THINK MORE APPEARANCES BEFORE YOU AS A FIRM, YOU KNOW, THAT WE'RE, UM, ONE OF OUR MAJOR AREAS OF PRACTICE IN THIS FIRM IS, IS THAT OF A LAND USE FIRM.

AND WE ARE MUNICIPAL AND REAL ESTATE LAWYERS.

I, I SAY TO YOU WITH A CERTAINTY, IF I HAD REVIEWED THIS PACKAGE, UM, AT THE TIME OBAMA WAS BUYING THIS HOUSE, I CERTAINLY WOULD'VE TOLD HER, YOU'RE BUYING A LEGAL VALID NON-CONFORMING TO FAMILY HOUSE.

NOW, UM, THE, THE HAVING THE ALTERNATIVE APPLIED FOR USE VARIANCE, I THINK YOU CAN SEE FROM WHAT WE'VE SHOWN YOU AND WHAT WE'VE SAID, THAT WE FEEL STRONGLY, UM, THAT A USE VARIANCE ISN'T NEEDED IN THIS CASE.

UH, HOWEVER, AN ABUNDANCE OF CAUTION, UM, IT'S BEEN APPLIED FOR THE ALTERNATIVE, UM, TO CONTINUE THIS HOUSE'S, UM, HISTORIC USE AS A TWO-FAMILY HOUSE FOR USE VARIANCE, AS YOU KNOW, UH, SPECIFIC DOLLARS AND CENTS PROOF IS REQUIRED REGARDING EXPENSES, INCOME, AND VALUE.

UM, WE HAVE SUBMITTED ALL OF THAT INFORMATION TO YOU AND ANALYZED IT IN OUR AFFIDAVIT.

UNDER EXHIBIT TAB I OF OUR SUBMISSION, IT CLEARLY ESTABLISHES THAT URBANA CANNOT REALIZE A REASONABLE RETURN ON THE PROPERTY UNLESS THE INTERPRETATION OF THE VARIANCE IS GRANTED.

I'M NOT GONNA TAKE YOUR TIME, UM, READING THE FINANCIAL ANALYSIS THAT YOU'VE BEEN PROVIDED AND I'VE ALREADY READ BACK TO YOU AND I'M JUST GOING TO, UH, SAY THAT IT COMES DOWN TO THIS.

UH, IF DAUGHTER CAN'T USE THIS HOUSE AS A TWO-FAMILY HOUSE, SHE'S GOING TO HAVE TO SELL IT BECAUSE SHE CAN'T CARRY IT WITHOUT THE RENTAL INCOME.

YOU WANT THE AFFIDAVIT OF MARIA WISE AND EXPERIENCED, UM, BROKER WORKING IN THE GREENBERG AREA, UM, THAT IF A BODY HAS TO SELL THIS HOUSE AS A ONE FAMILY HOUSE, SHE'LL SUFFER A LOSS OF SOME $92,500.

WHEN YOU ADD BROKERAGE AND OTHER SALES EXPENSES TO THIS, YOU'RE TALKING ABOUT A LOSS IN THE NEIGHBORHOOD OF A HUNDRED THOUSAND DOLLARS.

BUT THAT DOESN'T ADD, TAKE INTO ACCOUNT WHAT WOULD HAVE TO BE DONE TO CONVERT THIS HOUSE TO A ONE FAMILY HOUSE BECAUSE IT'S CONFIGURED AND BEEN USED AS A TWO-FAMILY HOUSE HISTORICAL.

AND IN SHORT, IF THAT WILL HAPPEN, THAT BATTLE WOULD BE WIPED DOWN.

IT MAY, SHE MAY NOT EVEN HAVE ENOUGH MONEY TO PAY OFF A MORTGAGE ON HER HOUSE, BUT SHE CERTAINLY WOULD'VE LOST ALL HER SAVINGS IN ALL OF, IN ALL OF HER, ALL HER INVESTMENT.

UM, SO THE ONE LEGAL QUESTION ABOUT THIS USE VARIANCE REQUEST IS SELF-CREATED HARDSHIP.

NORMALLY SELF-CREATED HARDSHIP IS A, IT CAN BE A BAR TO A USE VARIANCE.

UM, BUT WE'VE SUBMITTED TO CASE LAW HOLDING IT.

IF AN APPLICANT ACTED IN REASONABLE GOOD FAITH RELIANCE ON MUNICIPAL INFORMATION, THE DOCTRINE OF SELF-CREATED HARDSHIP CANNOT BORROW THE GRANTING OF THE VARIANCE.

SO THAT CASE LAW, WE CITATIONS TO IT, UM, ARE IN OUR, ARE IN OUR SUBMISSION FINALLY ON THE USE VARIANCE GRANTING THIS VARIANCE WILL NOT NEGATIVELY AFFECT THE NEIGHBORHOOD BECAUSE THE HOUSE HAS BEEN THERE AS A TWO-FAMILY HOUSE,

[01:30:01]

UH, ALL ALONG.

SO TO CONCLUDE, AS YOU KNOW FROM THE ASSESSORS IN THE BUILDING DEPARTMENT RECORD, THE HOUSE WAS BUILT IN 1900, ONE OF THE BUILDING DEPARTMENT CERTIFICATES STATES PREDATE ZONE.

IT HAS A CO STATING THAT IT'S A LEGAL NON-CONFORMING TWO-FAMILY HOUSE AND THERE'S A RAFT OF OTHER BUILDING DEPARTMENT RECORDS CORROBORATING ITS TWO-FAMILY STATUS BAN CERTAINLY ACTED REASONABLY IN REACHING THE CONCLUSION THAT THIS IS A LEGAL TWO-FAMILY HOUSE.

SHE RELIED ON QUALIFIED PROFESSIONALS TOWN FILES AND ITS HISTORIC CASE NOW SHE'S IN A VERY DIFFICULT POSITION.

SHE'S PAYING FOR HER APARTMENT IN THE BRONX AND CARRYING THIS HOUSE WITHOUT THE RENTAL INCOME.

SHE'S FRANKLY ONLY ABLE TO DO THAT BECAUSE OF THE FINANCIAL HELP OF HER FAMILY.

IF SHE CANNOT GO FORWARD AND USE IT FOR WHAT THE TOWN RECORDS HAVE SAID IT IS, AND FOR WHAT SHE BOUGHT IT, UM, AS I'VE SAID, SHE'S GOING TO BE FINANCIALLY WIPED OUT.

SO WE RESPECTFULLY REQUEST THAT YOU GRANT OUR INTERPRETATION OR THE ALTERNATIVE GRANT THE EXPERIENCE WE'VE REQUESTED.

IS THERE ANYONE WHO WISHES TO COMMENT ON THIS MATTER, INCLUDING THE BOARD MEMBERS? MADAM CHAIR, I JUST WANTED TO QUICKLY NOTE, UM, Z B A MEMBER SHAUNA DANSON HAS ARRIVED.

GOOD EVENING, IT'S DICKINSON.

GOOD EVENING AND PLEASE FORGIVE MY LATENESS.

THAT'S QUITE ALRIGHT.

BOARD .

I DO HAVE ONE QUESTION AND JUST A CLARIFICATION ON THE, ON THE DRAWING THAT SAID I GOT, IT SAYS THIS SITE PROPOSED FOR TWO FAMILY HOUSE, BUT THEN, THEN THERE'S ANOTHER WHOLE AREA THAT LOOKS LIKE THAT'S DRAWN INTO PAVED FOR FOUR PARKING PLACES.

IS THAT WHAT EXISTS OR IS THAT PART OF A REQUEST? NO.

YEAH, NO, WE'RE NOT.

IT'S EXISTING.

WE'RE NOT REQUESTING ANY, ANY CHANGES.

THERE IS, AND I THINK THEY'RE ALSO, SPEAKING OF COMMENT, A CHAIRPERSON THAT I BELIEVE I, I WAS SENT A LETTER THIS AFTERNOON THAT CAME IN FROM A NEARBY NEIGHBOR CORROBORATING THAT THIS HAS BEEN USED AS A TWO FAMILY FIRST KNOWN AS SHE CAN REMEMBER AND, AND, UH, IN FAVOR OF THE RELIEF.

UM, JUST ONE, I HAVE A ONE QUICK QUESTION.

UM, MR. STOCK, UM, ARE, ARE YOU AWARE IF THERE ARE ANY OTHER TWO FAMILY HOMES IN THAT AREA ON COLUMBIA AND LAWTON? I, I AM NOT AWARE, BUT I, I'M NOT AWARE I SHOULD, I, UM, IT'S A ONE FAMILY DISTRICT.

I DON'T KNOW IF THERE ARE ANY OTHER NON, NON-CONFORMING TWO FAMILY HOMES.

I, UM, I DROVE THE STREET.

UM, IT WASN'T APPARENT TO ME.

UM, BUT BEYOND THAT, I, I DON'T WANT TO SAY WITH A CERTAINTY.

UH, COUNSELOR, UM, IN THE CITY WE ENCOUNTER A LOT OF THIS AND I'M ALMOST CERTAIN THAT, UH, COMMENCE, KING COMME IS AWARE OF THIS, BUT THERE'S A CUTOFF OF 1938 THAT NEW YORK CITY STARTED REQUIRING A CERTIFICATE OF OCCUPANCY.

GO AHEAD.

I DON'T HAVE THE EXACT DATE, BUT IT WAS CERTAINLY, YOU KNOW, I I WOULDN'T BE SURPRISED IF IT WAS IN THE 1930S OR UH, OR OR FORTIES.

UM, BUT HERE, DON'T FORGET, WE DO HAVE SEVERAL CERTIFICATES OF OCCUPANCY FOR THEM.

YEAH, I I'LL GET TO THAT.

I'LL GET TO BOTH OF THEM IN A MINUTE.

I'LL GET TO BOTH OF THOSE IN A MINUTE BECAUSE, UM, THE, THE EARLIEST ONE THAT I SEE IS FROM 1998.

LET ME, LET ME GO THERE NOW THEN IT'S, IT IS FROM 1998.

UH, THE ONE WITH THAT WAS THE SUBSTITUTED CERTIFICATE OF OCCUPANCY.

I'M JUST OPENING THE, UH, YEAH.

UNDER YOUR EXHIBIT, BUT I, I DIDN'T, I DON'T WANNA, I DIDN'T WANNA GO TO THAT YET.

I'LL, I'LL GET TO THAT.

BUT THE SECOND THING IS YOU SAID SOMEONE HELPED YOU TO TRY TO L LOCATE, UM, THE PROPERTY ON MICROFILM.

UM, THE, A THE ASSESSOR'S OFFICE, UM, WENT ONTO THEIR MICROFICHE TO, TO DETERMINE WHAT THEIR HISTORIC RECORDS HAD SAID ABOUT THIS PROPERTY AND HOW IT HAD BEEN CLASSIFIED.

AND AS FAR BACK AS, AS THEY KEPT SUCH CLASS CLASSIFICATIONS, IT HAD BEEN CLASSIFIED AS A TWO FAMILY.

AND YOU HAVE, YOU HAVE THAT, UH, DIALOGUE IN, IN EMAILS.

YOU KNOW, IN THEIR CARDS AND SO FORTH, THEY HAVE.

I SAW THE, I SAW THE EMAIL ON THAT.

WAS THAT BASED ON, UH, BUILDING PLAN, UH, BUILDING PLANS THAT HE LOOKED AT OR JUST SOME NOTES THAT WAS THERE? DO YOU KNOW? HE BASED IT ON ALL OF THE INFORMATION IN THE ASSESSOR'S OFFICE NOW,

[01:35:01]

SO HE LOOKED AT EVERYTHING.

AND YOU CAN'T GET A COPY OF THAT.

'CAUSE THAT WOULD CERTAINLY BE, UM, UH, IT WOULD CERTAINLY SHOW ON THERE, UM, WHAT THE PLANS WERE AND WOULD SHOW IF THERE ARE ONE UNITS OR TWO UNITS.

WELL, UH, RIGHT, BUT I, I SHOWED EARLIER THE ASSESSOR'S CARD, UM, AND, AND OH, I'M SORRY.

AND ALSO HIS EMAILS EXPLAINED THAT GOING BACK IN HISTORY, IT HAS HAD A CLASSIFICATION OF TWOFIN.

THE ASSESSOR'S OFFICE WOULD, HAS TOLD US AND WOULD TELL YOU THIS IS AS FAR BACK AS THEY, UH, CAN SEE IN THEIR RECORDS.

THEY HAVE CLASSIFIED THIS AS TWO FAMILY AND THEY HAVE TAXED IT AS TWO FAMILY.

THIS HAS BEEN TAXED AS A TWO FAMILY HOUSE.

UM, JUST GOING BACK IN TIME AS FAR AS THE DETAILED RECORDS SHOW.

CERTAINLY THE TA THE, THE TAX OF IT AS A TWO FELONY IS ONE THING, BUT IF THE ASSESSOR'S OFFICE, WHICH I'M LOOKING FOR THE CARD.

I KNOW YOU, YOU PUT IT UP THERE, YOU, YOU KNOW OFFHAND I'M LOOKING THROUGH YOUR EXHIBITS IF YOU ATTACK, UH, WHICH ONE OF YOU EXHIBITED? YEAH, HOLD ON MINUTE.

OH, UH, IT LOOKS LIKE IT MAY BE EXHIBIT D.

YEAH, IT LOOKS LIKE IT'S D I SEE THE, THE, I SEE THE ONE, THE PROPERTY CARD, BUT IT JUST GIVES, YEP.

EXHIBIT D IT JUST GIVES THE DRAWING.

I DON'T SEE ON HERE WHERE IT DENOTES THAT IT'S A TWO-FAMILY.

IF YOU LOOK UP AT THE TOP WHERE IT SAYS LOCATION 45 LATIN PARCEL.

A TWO FAMILY, TWO FAMILY YEAR ROUND RESIDENCE.

AND THAT'S WHAT CLASS TWO 20 IS.

TWO 20 IS TWO FAMILY.

THAT'S, THAT'S, THAT'S, THAT'S EVIDENCE.

WELL THAT'S EVIDENCE.

UM, THAT'S CERTAINLY, AND THIS IS THE HISTORY OF THE CARD MORE SO NOW IF YOU LOOK AT THE TWO CERTIFICATE OF OCCUPANCY, I'LL, I'LL START WITH THE, THE 98 1 I THINK IS THE EARLIEST, THE SUBSTITUTED CERTIFICATE OF OCCUPANCY.

I, I, I CAN'T DETERMINE FROM THAT THAT IT'S A TWO-FAMILY.

BECAUSE IF, IF YOU LOOK, IF YOU LOOK AT THE INSPECTION REPORT THAT'S ATTACHED TO THAT ONE PAGE BEHIND IT SURE.

YOU'LL SEE THAT THE INSPECTION SAID PREDATES ZONING ORDINANCE COMPLIES WITH CODE.

THEY KNEW.

OKAY, SURE.

THAT'S ANOTHER FORM OF EVIDENCE AS WELL.

AND THEN, AND THEN THE C E O SAYS IT, IT, IT COMPLIES WITH APPLICABLE REGULATIONS BECAUSE IT DOES, IF IT'S A LEGAL PREEXISTING NONCONFORMING TWO FAMILY HOUSE THAT'S COMPLIANT.

IF THERE'S ANY DOUBT AND YOU LOOK AT THE OTHER CERTIFICATE OF OCCUPANCY, THE DOUBT CLEARS.

UH, THOSE TWO CERTAINLY ARE, UM, PERSUASIVE EVIDENCE.

THE CERTIFICATE OF OCCUPANCY HERE.

'CAUSE IF I WERE TO LOOK AT THIS AND LOOK AT THE SUBSTITUTE, CERTAINLY I WOULD RAISE, WELL WE ALL DO THINGS DIFFERENTLY.

I DON'T WANT TO SAY WHAT I WOULD DO, BUT LOOKING AT THE, UM, LOOKING AT THE, WHEN THEY CAME IN TO LEGALIZE THE BASEMENT, UM, YOU KNOW, THEY DID WRITE ON THERE FOR NON-CONFORMING TWO-FAMILY STRUCTURE AND IT IS SIGNED OFF BY, UH, THE FORMER BUILDING INSPECTOR.

SO I MEAN THAT'S, YOU KNOW, WHEN YOU SEE ALL THIS, UM, AND WE, WE KNOW UP HERE THE RECORDS, THEY, THEY'RE NOT QUITE LIKE THE CITIES AND THE RECORDS UP HERE.

YEAH, YEAH.

YOU KNOW, THEY, THEY VARIED OVER YEARS AND HOW THEY WERE KEPT.

BUT THIS IS A, THIS IS A PRETTY DARN CLEAR TYPE CASE.

ESPECIALLY YES, YES.

NO, NO.

ONCE YOU TOLD ME THE TWO 20, BECAUSE I'M COMPARING IT, YOU KNOW, TO THE CITY AND I KNOW AGAIN, KAMINSKY AND KAMINSKY IS FAMILIAR WITH THAT.

WHEN WE GET TO IT AND WE CAN'T FIND THE C F O AND WE LOOK TO SEE IF IT WAS BUILT BEFORE 1938, WE EITHER GO TO THE SANBORN MAP AND THAT'S HOW WE TRACK IT AND CAN TELL THE STRUCTURE AND, AND THEN WE GO TO THE CITY AND GET A LETTER OF NO OBJECTIONS.

I DON'T KNOW IF THE TOWN HAS THAT.

UM, AND IT SEEMED LIKE SINCE THEY SENT YOU TO US, THEY PROBABLY DON'T ISSUE, UM, SOMETHING SIMILAR TO THAT, UH, A LETTER OF NO OBJECTIONS FOR IT TO BE USED AS A TWO FAMILY.

SO THE DECISION RESTS WITH US.

AND I REMEMBER HERE A LITTLE DIFFERENT IN THAT IT'S NOT THAT THERE WAS NO THERE WHEN THE FILE WAS LOOKED AT.

IT'S NOT THAT THERE WAS NO CO IN THERE, THERE WERE THESE COS IN THERE, AND PARTICULARLY THE ONE THAT SAYS IT WAS A, SO, UM, IT SAYS THAT IT WAS A TWO FAMILY.

ANY OTHER QUESTIONS? ANY COMMENTS FROM THE AUDIENCE? ALL RIGHT.

HAVING HEARD NOTHING FURTHER, WE WILL MOVE ON.

THANK YOU,

[01:40:01]

TWIN.

THE CASE 2208 SCARSDALE GOLF CLUB PROPERTY, ONE CLUB WAVE HARSDALE.

GOOD EVENING.

CAN YOU ALL HEAR ME ALL RIGHT? YES.

UH, FOR THE RECORD, MY NAME'S STEVEN ABEL.

I'M WITH THE LAW FIRM OF MCCULLOUGH GOLDBERG AND STOUT.

I'M HERE TONIGHT ON BEHALF OF SCARSDALE GOLF CLUB.

WITH ME TONIGHT IS BILL MENARD, THE GENERAL MANAGER FOR THE CLUB.

ZACH PEARSON FROM INSIDE ENGINEERING, AND MIKE IC, UH, FROM ROGERS MCCA ARCHITECTS.

UH, SO WHAT WE'D LIKE TO DO FOR YOU AS THIS IS OUR FIRST, UH, HEARING WITH THE BOARD IS GIVE YOU AN OVERVIEW OF WHAT THE CLUB IS PROPOSING TO DO.

UH, I'LL GIVE A BRIEF OVERVIEW OF THAT FOLLOWED BY ZACH PEARSON, WHO CAN WALK YOU THROUGH THE DETAILS OF SOME OF THE SITE WORK.

AND THEN, UH, IF ZACH WOULD BE SO KIND, HE CAN GIVE ME BACK THE PROVERBIAL MIC SO I CAN TO YOU.

THAT'S OKAY.

SOMEONE HAD THEIR MIC UNMUTED.

PLEASE PROCEED.

UH, JUST SO I CAN PRESENT TO YOU SOME UPDATED RENDERINGS THAT WE HAVE.

UH, SO WITH THAT, I'LL GET RIGHT INTO IT.

I KNOW WE'VE GOT A BIG AGENDA TONIGHT, SO IF I MAY, I'D LIKE TO SHARE MY SCREEN HERE.

CAN YOU ALL SEE THIS AERIAL VIEW? YES.

OKAY, TERRIFIC.

UH, SO JUST QUICKLY, THIS IS GOOGLE AERIAL JUST TO ORIENT YOU, UH, BECAUSE YOU WILL SEE OUR SITE PLANS ARE ROTATED IN ORDER TO BETTER FIT THE PLANS.

BUT JUST TO GIVE YOU AN IDEA OF THE AREA WE'RE TALKING ABOUT, HERE'S CLUB WAY WHICH ENTERS INTO THE PROPERTY.

UH, YOU'LL SEE HARTSDALE AVENUE BEGINS TO RUN UP NORTH, UH, PARALLEL TO THE SITE ALONG, UH, THE EAST.

WE'VE GOT WHAT WE CALL THE LOWER TENNIS COURTS HERE, WHICH I'LL TALK ABOUT IN A MOMENT.

UH, THE PARKING GARAGE OPERATED BY THE PARKING DISTRICT IMMEDIATELY ADJACENT TO THE EAST.

AS WE MOVE A LITTLE FURTHER NORTH, YOU'LL SEE HERE THESE ARE THE TS FOR THE DRIVING RANGE, WHICH, WHICH DRIVES SOUTH TO NORTH AND SOME ADDITIONAL, UH, APARTMENT BUILDINGS ALONG THE EASTERN PROPERTY LINE HERE.

SO THAT'S SIMPLY TO ORIENT YOU, UH, NORTH TO SOUTH.

THE REASON I DO THAT IS BECAUSE YOU'LL SEE HERE THE PROPERTY, UH, IS ORIENTED A LITTLE BIT DIFFERENTLY HERE JUST TO BETTER FIT OUR DRAWINGS.

SO NORTH OVER HERE ON YOUR LEFT SOUTH, OVER HERE ON YOUR RIGHT, EAST WEST, AND YOU'LL SEE THAT THERE'S, UH, THREE PROJECT ELEMENTS HERE.

UH, THE FIRST IS FOR A SEASONAL TENNIS ENCLOSURE.

IN THIS BOX, I'LL, I'LL PROVIDE A LITTLE BIT MORE DETAIL ON THAT.

UH, THE SECOND IS SAFETY NETTING FOR A, UH, ERRANT GOLF BALLS ALONG THE DRIVING RANGE AND SAFETY NETTING FOR AARON GOLF.

EXCUSE ME, BALLS ME.

UM, I DON'T SEEM TO BE SEEING THAT.

CAN ANYONE ELSE SEE WHAT I'M, UH, THE AREA BOXES? YEAH, I CAN SEE IT.

I MEAN, I CAN SEE, I'M STILL SEEING, YEAH, I, I JUST SEE THE ORIGINAL AERIAL.

SO YOU STILL HAVE THE GOOGLE ER.

THAT'S, THAT'S WHAT I SEE.

I WILL CLOSE THAT WINDOW JUST IN CASE.

UH, INTERESTING.

NOT SURE WHY THAT HAPPENED.

UH, HOW ABOUT NOW? OKAY.

IS, UH, THE SCHEMATIC THAT ZACH WILL GET INTO A LITTLE BIT MORE IN A MOMENT.

I APOLOGIZE FOR THAT.

UH, SO I'LL RUN THROUGH IT QUICKLY.

AGAIN, THE TENANT ENCLOSURE HERE, I'LL PROVIDE A LITTLE BIT MORE DETAIL.

THIS IS JUST TO ORIENT YOU.

AGAIN, IT'S BEEN ROTATED NORTH ON YOUR LEFT SOUTH, ON YOUR RIGHT HARTSDALE AVENUE, RIGHT ALONG HERE, UH, AS WELL AS NETTING ALONG THE DRIVING RANGE AND THE 16TH GREEN ON THE OTHER SIDE OF THE COURSE.

UH, AND I SHOULD NOTE, YOU KNOW, UH, AS I ZOOM IN HERE, THE, UH, TENNIS ENCLOSURE IS PROPOSED TO BE PUT OVER THE TWO EXISTING LOWER ELEVATION COURTS.

WE SELECTED THOSE, UH, TO MINIMIZE IMPACTS, BOTH BECAUSE THEY ARE THE FURTHEST FROM ANY RESIDENTIAL NEIGHBOR, BUT ALSO BECAUSE THEY ARE AT A LOWER ELEVATION, UH, TO MINIMIZE VISIBILITY.

AND THEN THE NETTING BOTH ALONG THE DRIVING RANGE AND THE 16TH GREEN, UH, THE CLUB IS PROPOSING AT THE REQUEST OF ITS NEIGHBORS.

WE GOT A REQUEST, UH, FROM THE RESIDENTIAL NEIGHBOR AT THE END OF THE 16TH GREEN, AS LONG AS, AS WELL AS ONE 40 EAST HARTSDALE AVENUE.

SO WHY ARE WE HERE BEFORE YOU? BECAUSE WE NEED, UH, A TOTAL OF SIX VARIANCES.

THREE ARE PROPOSED FOR THE NETTING, AND THREE ARE PROPOSED FOR THE TENNIS ENCLOSURE.

UH, JUST TO GIVE A QUICK SUMMATION, THE TENNIS ENCLOSURE REQUIRES FRONT AND SIDE YARD VARIANCES AS WELL AS A HEIGHT VARIANCE.

THE DRIVING RANGE NET REQUIRES A HEIGHT VARIANCE, BUT COMPLIES WITH SETBACKS.

AND THE 16TH HOLE NETTING REQUIRES, UH, A HEIGHT AND SETBACK VARIANCE.

UH, THIS

[01:45:01]

AND THIS, JUST TO GIVE YOU A LITTLE BIT OF A SENSE OF HOW THE NETTING LAYS OUT, WHICH ZACH CAN ALSO SPEAK TO IN GREATER DETAIL, IS THE PROPOSED LOCATION OF THE FOUR POLES ALONG THE DRIVING RANGE.

UH, AS NOTED, THIS WAS DONE REALLY AT THE REQUEST OF ONE 40 EAST HARSDALE.

SO THE IDEA WAS TO, UH, PROVIDE AS MUCH PROTECTION FOR THEM AS, AS IS FEASIBLE.

SO WITH THAT, I'LL TURN IT OVER TO ZACH JUST TO WALK YOU THROUGH SOME OF THE SITE DEVELOPMENT DETAILS.

AND THEN ZACH, IF YOU CAN GIVE IT BACK TO ME JUST TO RUN THROUGH THE, UH, RENDERINGS.

THANKS.

UH, THANKS STEVE.

LET ME, UH, SHARE MY SCREEN.

UH, GOOD EVENING.

UH, ZACH PEARSON WITH INSIDE ENGINEERING.

UM, SO AS, AS STEVE MENTIONED, UH, ARE YOU THERE? I WE'RE NOT HEARING YOU, ZACH.

IT LOOKS LIKE YOU MIGHT BE FROZEN.

I THINK HE'S FROZEN.

TENNIS ENCLOSURE OVER TWO OF THE THREE COURTS ON THE LOWER SET OF COURTS AT THE CLUB.

ZACH PROPOSED CAN PLEASE START OVER TO PHOTOGRAPHER, THE LOWER PRACTICE AREA.

UM, ALSO, YOU KNOW, JUST EXCUSE ME, WE LOST YOU BECAUSE YOU FROZE FOR A WHILE, SO WE DON'T HAVE EVERYTHING YOU SAID ON THE RECORD.

CAN YOU START ALL OVER? SURE THING.

CAN, CAN YOU HEAR, CAN EVERYONE HEAR ME NOW? YES.

UM, AS YOU CAN SEE HERE, THIS IS THE THREE COURT, UM, LOWER COURTS AT THE, AT THE CLUB.

THE CLUB'S PROPOSING AN ENCLOSURE OVER TWO OF THE THREE COURTS.

UM, AND TO RECONFIGURE THE LOWER PRACTICE AREA, UM, JUST TO THE SOUTH OF THOSE EXISTING THREE COURTS.

UH, WE MET WITH STAFF, UM, EARLY ON, UM, IDENTIFIED SOME, SOME ISSUES, UH, RELATIVE TO FIRE ACCESS.

UM, THE GRADING IN THIS LOCATION FOR THE LOWER COURT, UH, WAS BROUGHT UP TO MAKE, TO ENSURE THAT WE GET, UH, FIRETRUCK ACCESS OFF OF CLUB WAY ONTO THE TENNIS COURTS.

UM, WE'VE GOT HANDICAP OR ACCESSIBLE PARKING AREA, UH, IN THIS LOCATION WITH A CROSSWALK AND A RAMP DOWN TO THE COURTS.

CURRENTLY RIGHT NOW, THERE ARE, THERE IS NO, UH, ACCESSIBLE ROUTE TO THOSE COURTS.

UM, AND WE ALSO MEET WITH STAFF RELATIVE TO, UM, THERE, THERE WERE SOME TRAFFIC IMPROVEMENTS NOTED ALONG CLUB WAY.

SO WE'RE PROPOSING A STOP BAR AND A NEW STOP SIGN AT THE CLUB AT, UH, EXIT POINT.

SO AS YOU CAN SEE HERE, THIS IS THE GRADING PLAN.

GRADING UTILITIES PLAN.

UM, CURRENTLY THERE IS, THERE'S NO, UM, STORMWATER MITIGATION O ON SITE.

UM, WE ARE PROPOSING TO COLLECT THE RUNOFF FROM THE EXISTING THREE COURTS PLUS THE LOWER COURTS.

WE'VE GOT A TRENCH DRAIN SYSTEM ALONG THE PERIMETER.

UH, WE ARE PROPOSING TO COLLECT THAT AND TREAT IT IN A DETENTION SYSTEM IN THIS LOCATION TO MITIGATE THE PEAK FLOWS FOR THE 25 YEAR STORM, WHICH WILL THEN BE PIPED BACK TO AN EXISTING PIPE THAT LEAVES CLUB PROPERTY TO THE EAST.

UM, LET'S SEE.

I CAN JUST, UH, TO, TO SPEAK A LITTLE BIT FURTHER ON THE POLES.

UH, THERE ARE FOUR, FOUR POLES LOCATED ALONG THE DRIVING RANGE AGAIN TO, YOU KNOW, AT THE REQUEST OF ONE 40 EAST DALE.

UM, THERE ARE, UH, FOUR POLES.

THREE OF THE FOUR POLES ARE AT 75 FEET, ONE IS AT 90 FEET.

UM, THE ONE AT 90 FEET.

THIS HAPPENS TO BE SUCH THAT THE, THE LOCATION OF THIS POLE IS AT A LOWER ELEVATION, SUCH THAT THE TOPS OF THESE POLES, UH, WOULD ALL BE THE SAME ELEVATION.

UM, AND THEN AS YOU CAN SEE HERE, STEVEN MENTIONED BEFORE, THERE'S, THERE'S FOUR SMALLER POLES PROPOSED BEHIND THE 16TH GREEN.

UM, AND THAT, THAT KIND OF WRAPS UP THE, UH, SITE ASPECT, THE PROJECT.

THANK YOU, ZACH.

UH, AND SO I'LL BRING UP MY RENDERINGS NOW.

UM, SO AS, AS THE BOARD MAY KNOW, I DON'T KNOW IF YOU'VE HEARD, UH, SEASONAL ENCLOSURE APPLICATIONS BEFORE, BUT, UM, TYPICALLY THE CONTRACTOR WILL PROVIDE A VARIETY OF COLORS THAT THE PROPERTY OWNER CAN CHOOSE FROM.

UH, IN THIS INSTANCE, THE CLUB IS PROPOSING TO DO A FULLY OPAQUE, UH, ENCLOSURE WITH THE EXCEPTION OF A SKYLIGHT ALONG THE ROOF.

AND THEY'VE BEEN DISCUSSING THE ANTICIPATED COLOR OF THE ENCLOSURE WITH THEIR CONTRACTOR.

WHAT YOU'VE SEEN IN THE RENDERINGS WE PROVIDED WAS A WHITE ENCLOSURE.

BUT WHAT THE CLUB IS CONSIDERING NOW AND WHAT THEY BELIEVE TO BE A PREFERABLE OPTION WOULD BE GREEN.

THEY FEEL THAT THIS WOULD, UH, BLEND A LITTLE BIT BETTER WITH THE LANDSCAPING, BUT WE WANTED TO PRESENT THAT TO YOU AS WELL AND SHOW YOU WHAT THAT WOULD LOOK LIKE.

THIS IS THE VIEW FROM HARTSDALE AVENUE WHERE THE ENCLOSURE WE THINK WOULD BE MOST VISIBLE, UH, BETWEEN THE IRISH BANK RESTAURANT

[01:50:01]

AND THE CHASE BANK.

THIS IS THE VIEW FROM THE PARKING GARAGE.

UH, SO IF YOU WERE, UH, PARKING AT THE TOP, LOOKING STRAIGHT THROUGH, THIS IS, UH, ABOUT AS CLOSE AS YOU WOULD GET TO THE ENCLOSURE WHILE NOT ON THE CLUB'S PROPERTY.

AND THEN IN ADDITION, WE HAVE THE RENDERINGS OF THE NETTING, WHICH ARE IN YOUR PACKAGE AND ARE UNCHANGED.

HERE ARE THE FOUR POLES THAT ZACH JUST PRESENTED TO YOU.

AS IT HAPPENS.

THIS ONE THAT APPEARS TO BE SHORTER IS IN FACT THE TALLEST POLE BECAUSE AS ZACH NOTED, THE TOPOGRAPHY OF THE SITE IS SUCH THAT IT SLOPES DOWNWARD TO THE EAST AWAY FROM US.

UH, AS YOU CAN SEE HERE, IT'S, UH, FAIRLY TRANSPARENT BLACK MESH NETTING, UH, WITH FOUR POLES.

AND I DON'T KNOW IF YOU CAN SEE IT, UH, PARTICULARLY WELL GIVEN HOW TRANSPARENT IT IS, BUT EACH POLE THEN HAS THE NETTING TAPER OFF DOWN TO THE SIDE.

AND LASTLY, UH, FOR REFERENCE, THIS IS ANOTHER IMAGE YOU'VE SEEN ALREADY.

HERE'S THE NETTING PROPOSED AT THE 16TH GREEN.

SO I WILL STOP SHARING, AND BEFORE, UH, WE OPEN IT UP TO THE BOARD AND TO THE PUBLIC.

UH, A QUICK PROCEDURAL NOTE.

WE DID DECLARE YOUR INTENT TO ACT AT LEAD AGENCY AT YOUR MARCH AGENDA.

SO WE, UH, ARE HOPING THAT YOU WOULD DECLARE YOURSELVES LEAD AGENCY UNDER SECRET TONIGHT.

UH, WE SUBMITTED A FAIRLY ROBUST STATEMENT IN SUPPORT OF OUR VARIANCE APPLICATION IN OUR WRITTEN PACKAGE, UH, BACK IN FEBRUARY.

I KNOW YOU'VE GOT A LOT OF ITEMS ON, AND I DON'T WANT TO, UH, SPEND YOUR TIME DUPLICATING, YOU KNOW, ARGUMENTS YOU ALREADY HAVE.

BUT CERTAINLY IF YOU WOULD LIKE US TO RUN THROUGH THE VARIANCE ANALYSIS, THE FIVE FACTORS AND THE BALANCING TEST, I'M HAPPY TO DO THAT.

UH, SO I'LL STOP TALKING NOW AND, UH, IF YOU HAVE ANY QUESTIONS FOR US, WE'RE HAPPY TO ANSWER THEM AS BEST WE CAN.

I HAVE A QUESTION.

UH, FIRST ONE, I, I HAVE SOME QUESTIONS.

FIRST ONE IS, I WANNA CLARIFY THE TERM TEMPORARY SEASONAL ENCLOSURE FOR THE, UH, THE TENNIS BUBBLE.

UM, THAT WOULD LEAD ONE TO BELIEVE THAT IT'S GOING TO BE TAKEN DOWN IN THE WARM WEATHER, CORRECT? UM, AND IT'S SEASONAL OR WILL IT BE REMAIN THERE 12 MONTHS OF THE YEAR? UH, THE WINDOW OF TIME IS OCTOBER 15TH THROUGH APRIL 15TH OF EACH YEAR.

AND THAT TIMEFRAME DOES INCLUDE SET UP AND BREAKDOWN OF THE ENCLOSURE.

SAY THOSE DATES AGAIN? OCTOBER 15TH THROUGH APRIL 15TH.

OCTOBER THROUGH APRIL.

50 FOOT POLES WOULD'VE PROBABLY AND MORE THAN LIKELY BEEN A, BEEN TOO SHORT AND THE BALL TOO MANY BALLS WOULD'VE STILL CLEARED THE 50 FOOT NET.

UM, SO NOW I UNDERSTAND THE 90 FOOT HEIGHT I'M CHANGING TO THE NETTING VALVE, THE, UH, 90 FOOT HEIGHT.

AND THAT'S NOT, THAT DOESN'T MEAN THAT'S THE OVERALL HEIGHT OF THE NETTING, BUT IT'S JUST THE OVERALL HEIGHT OF THE TALLEST POLE NOT ACTUALLY LOWER THAN THE OTHERS.

WHAT THEN IS THE ACTUAL HEIGHT OF THE NETTING BEFORE IT TAPERS DOWN ON THE ENDS? ZACH, I DON'T KNOW IF YOU HAVE THAT MEASUREMENT.

I THINK MOST POLES ARE 70 TO 75 FEET ABOVE GROUND.

DOES THAT SOUND ABOUT RIGHT TO YOU? YEAH, THE, THE, THE THREE OR, YEAH, THE POLES ARE 75 FEET ABOVE GROUND.

SO THE ONE, THE, THE, THE SOUTHERNMOST IS 90 FEET TO GET THE HEIGHT OF THE, THE POLES ALL TO ESSENTIALLY LOOK THE SAME, UM, ELEVATION WISE TO THE BUILDING TO THE EAST.

UM, SO, YOU KNOW, ON THE, THE NORTH SIDE, STEVE, THAT IT WOULD BE 75 FEET DOWN ON THE, THE SOUTH SIDE, THAT POLE WOULD BE 90 FEET.

SO THAT WOULD TAPER DOWN FROM 90 TO ZERO IS MY UNDERSTANDING OF THE NETTING.

SO, UH, WHAT IS THE DIFFERENCE THIS YEAR VERSUS THE LAST TIME THE APPLICATION CAME BEFORE THIS BOARD? I GUESS MAYBE IT WAS IN THE NINETIES, UM, WHEN IT WAS STRUCK DOWN.

UM, AND AT THAT TIME THE NETTING WAS 50 FEET TALL.

SO I, YOU KNOW, I'M SURE BILL MENARD CAN, CAN PROVIDE SOME SUPPLEMENTAL DETAILS IF I'M, UH, NOT GETTING INTO IT ENOUGH.

BUT I THINK IT'S, IT'S REALLY THE, THE GAME IS STARTING TO CHANGE AND WHAT THE CLUB IS STARTING TO SEE IS THAT THE AVERAGE PLAYER CAN HIT FARTHER AND HIGHER, UH, THAN THEY USED TO BE.

AND THAT'S BOTH A FUNCTION OF IMPROVED, PLAY, STRONGER PLAYERS AND IMPROVED EQUIPMENT.

UH, BUT, UM, BILL, IF I'M, IF I'M MISSTATING THAT OR IF YOU FEEL THAT THAT NEEDS TO BE SUPPLEMENTED, FEEL FREE TO, TO ADD IN.

YEAH, SO I WOULD SAY, UH, TO ANSWER YOUR QUESTION, THIS, THIS WAS BEFORE THE BOARD BACK IN JULY OF, UH, 2005 AND

[01:55:01]

SO WE HIRED A, UM, NETTING CONTRACTOR WHO DOES, UH, PROTECTIVE NETTING ACROSS THE COUNTRY.

AND BASED ON HIS ANALYSIS AND BASED ON, UM, OUR EXPERIENCE WITH THE DIRECTION OF THE BALLS, THE BALL FLIGHT, WE, IN CONJUNCTION WITH HIS EXPERIENCE DETERMINED THAT THE 75 FOOT POLES WOULD BE NECESSARY TO MINIMIZE AS MANY BALLS AS POSSIBLE FROM GETTING INTO THE PARKING LOT OF ONE 40, WHICH IS ADJACENT TO THE, UH, DRIVING RANGE.

THERE IS STILL NO GUARANTEE THAT A BALL CAN'T CLEAR A 75 FOOT NET.

UM, OUR GOLF PROFESSIONAL WENT OUT AND HIT A SERIES OF BALLS, IS HE'S, HE'S A LONG BALL HITTER AND, UM, WITH HIS, WITH HIS TRAJECTION OF THE BALLS USING A, UH, UM, A TRACK MONITOR, WE WERE ABLE TO TO, TO FOLLOW THE TRAJECTION OF THE BALL AND GET A SENSE OF WHERE THE BALLS POTENTIALLY WOULD CLEAR THE NET.

AND WITHOUT ANY QUESTION, WITH THE TECHNOLOGY OF THE, THE GOLF CLUBS TODAY, THE ATHLETICISM OF THE, THE GOLFERS TODAY, UM, OUR GOAL IS TO MAKE SURE THAT WE DON'T PUT UP NETS THAT ARE NOT GONNA WORK.

WE WANNA MAKE SURE THAT THE NETS WE PUT UP ARE PROTECTIVE TO THE AREA THAT WE'RE CONCERNED ABOUT.

AND THIS IS THE HEIGHT THAT WE FEEL IS ADEQUATE TO DO THAT.

AGAIN, IT'S NOT GONNA CLEAR STOP EVERY BALL, BUT I, UM, YOU KNOW, SHORT OF STOPPING EVERY BALL, WE FEEL THAT THIS IS THE, THE, THE MOST REASONABLE HEIGHT TO BE EFFECTIVE AND TO, UM, SATISFY THE, THE BALLS FROM LEAVING OUR, OUR PROPERTY IN THAT AREA.

THE QUESTION ON THE DRIVING RANGE, UM, YOU SAID THIS IS SPECIFICALLY FROM A DRIVING RANGE.

UM, HOW LONG HAS THE DRIVING RANGE BEEN AT THIS LOCATION? THE DRIVING RANGE HAS BEEN THERE FOR, UH, SEVERAL DECADES.

UM, AND I I WOULD JUST CAVEAT ALSO THAT THE SECONDARY SERIES OF NETS ARE AT THE END OF THE 16TH GREEN AS WELL.

YOUR, THE BALLS, UM, THE DRIVING RANGE, I'M NOT SURE YOU CAN BRING THIS BACK UP, STEVE.

AND HAD YOU LOOKED INTO POTENTIALLY MOVING THE DRIVING RANGE AS ANOTHER OPTION OR OTHER OPTIONS BESIDES THE NETTING? WE HAVE VERY TIGHT SPACE ON OUR PROPERTY AND, UM, THERE IS REALLY NO OTHER ALTERNATIVE TO MOVE THE, THE RANGE TO A PRACTICAL LOCATION.

SO THE RANGE IS WHERE IT IS.

IT'S BEEN FUNCTIONING VERY WELL FOR ITS MEMBERS FOR THIS PAST SEVERAL DECADES.

AND WITH A RECENT, UM, SERIES OF BALLS THAT HAVE LANDED IN INTO THE ONE 40 PARKING LOT, WE THOUGHT THIS WOULD BE THE MOST, UM, EFFECTIVE AND AND RESPONSIBLE THING TO DO.

AND AGAIN, AS ZACH MENTIONED EARLIER, THIS IS TRANSPARENT NETTING.

IT'S VERY DIFFICULT TO SEE.

UM, WE HAVE A SERIES OF OTHER NETTINGS ALONG THE CLUB'S PROPERTY ON THE 18TH FAIRWAY, COUPLE OF OTHER LOCATIONS, AND WHEN YOU WALK BY THE NETTING IT'S VERY, VERY DIFFICULT TO SEE IT.

OKAY, THANK YOU.

YOU'RE WELCOME.

ANY OTHER QUESTIONS? I DON'T KNOW IF THERE WAS ANYONE ON THE BOARD WHEN I WAS ON THE BOARD THAT THEY RAISED THE ISSUE OF, UH, BIRDS.

I DON'T RECALL THE OUTCOME OF THAT.

WERE YOU ON THE BOARD THEN? YEAH, I WAS READING THE DECISION.

I BROUGHT BACK MEMORIES, SO I THINK WE MADE THE RIGHT.

WELL, YEAH, I WAS, I WAS, CAN I FOLLOW UP ON ONE OF THE QUESTIONS THAT WAS ASKED ABOUT MOVING THE DRIVING RANGE? SURE.

UM, HAVE YOU THOUGHT ABOUT REVERSING THE DRIVING RANGE? RIGHT NOW IT'S, IT'S THE PEOPLE ARE HITTING BALLS FROM NEAR THE TENNIS COURT AND AIMING THEM TOWARDS THE APARTMENT BUILDINGS.

HAVE YOU THOUGHT ABOUT STARTING PEOPLE NEAR THE APARTMENT BUILDINGS AND THEN AIMING THEM TOWARDS THE TENNIS COURTS AND ANY FENCING YOU'D BE PUTTING UP NETTING WOULD BE ON YOUR PROPERTY AND WOULDN'T BE NEAR THE, UM, THE APARTMENT BUILDINGS? WELL, YES, WE DID LOOK AT THAT AND IT ACTUALLY INCREASES THE POTENTIAL OF BALLS, UM, LEAVING OUR PROPERTY.

CAN YOU EXPLAIN THAT? SO

[02:00:01]

HERE, UH, YOU LOOKING FOR THIS BILL? UH, THAT'S HOW ABOUT THE, UH, WE NEED, WE NEED TO SHOW A BETTER VIEW OF THE DRIVING RANGE.

UM, HOW ABOUT THE AERIAL? THE GOOGLE, THE GOOGLE, UM, AERIAL.

THAT WAS ACTUALLY VERY CLEAR.

YOU CAN BRING THAT UP.

JUST GIMME A MOMENT.

I HAD TO CLOSE IT OUT 'CAUSE THERE WAS THAT GLITCH WITH THE SCREEN SHARING, BUT I'VE GOT IT NOW.

CAN EVERYONE SEE THAT? YES.

UM, UNFOR CAN, CAN YOU SEE MY CURSOR OR NOT? YES.

NO, NO, THEY CAN SEE MINE THOUGH.

SO, SO STEVE, IF YOU BRING YOUR CURSOR TO THE OTHER END OF THE PROPERTY OR THE END OF THE DRIVING RANGE FURTHER DOWN RIGHT THERE.

SO IF WE MADE THAT THE STARTING POINT FOR THE TEEING AREA, WHAT YOU'RE BASICALLY DOING IS NOW MOVING THE TARGETS TO THE APARTMENTS THAT ARE FURTHER DOWN.

I GUESS THAT WOULD BE THE 1 30, 40, 50.

THE APARTMENTS ON THE LEFT, ON THE RIGHT SIDE CLOSEST TO HARTSDALE.

YOU'RE NOW, YOU'RE NOW EXPOSING THOSE APARTMENTS TO, UM, A POINT OF TARGET WHERE IF A BALL GOES OFFLINE, I'LL GO INTO THOSE, INTO THE APARTMENT AREAS.

YOU ALSO, IF YOU, STEVE, IF YOU COME OVER BY THE PADDLE COURTS WHERE WE'RE HITTING FROM RIGHT NOW, THIS IS THE ACTIVITY WHERE OUR GOLF OPERATION IS SET UP, RIGHT? SO THE GOLF OPERATIONS STAGING AREA FOR THE GOLF CARTS ACCESS TO THE BUILDING, OUR, OUR PRO SHOP, UH, THOSE FOUR PADDLE COURTS, UM, MEMBERS ARE WALKING IN THIS AREA.

YOU WOULD ESSENTIALLY BE HITTING INTO OPEN AREAS OF ACTIVITY WHERE MEMBERS ARE, ARE, UM, ARE USING THE, THE, THE, THE CLUB'S FACILITIES IN THAT AREA.

BUT AGAIN, WHAT YOU'RE ESSENTIALLY DOING IS YOU'RE MOVING A TARGET FROM ONE END TO THE OTHER AND YOU'RE STILL EXPOSING THOSE OTHER APARTMENTS, UM, ON HARTSDALE AVENUE, WHICH WEREN'T EXPOSED BEFORE.

NOW YOU WERE EXPOSING THOSE APARTMENTS AND, AND THAT WOULD CREATE ESSENTIALLY THE SAME EFFECT, BUT HITTING TOWARD THE BUILDING OPENS UP THE OPPORTUNITY FOR US TO, UH, START, UM, YOU KNOW, EXPOSING OUR MEMBERS WHO ARE CLOSE, YOU KNOW, USING THE, THE, THE BUILDING FACILITIES AT THAT END OF THE LOT, INCLUDING THE PRACTICE DRIVE, PRACTICE PUTTING GREEN, WHICH IS THE ROUND, UH, LIGHT SHADED GRASS YOU SEE ON THE LEFT SIDE RIGHT THERE.

SO WE HAVE A NUMBER OF MEMBERS USING THAT FACILITY AS WELL.

SO YOU'RE ACTUALLY, UM, PLAYING THE BALLS AT THAT DIRECTION.

THE, THE OTHER, THE OTHER THING TO NOTE, THE OTHER THING TO NOTE BILL, IS THE, THE, THE ELEVATION ON THE FAR SIDE OF THE RANGE IS HIGHER THAN THE ELEVATION AT THE LOW SIDE.

SO RIGHT NOW THE MEMBERS ARE HITTING UP, HIT UP INTO A HILL THAT'S, IF YOU WERE TO REVERSE THAT, YOU'D BE HITTING FROM A HIGHER ELEVATION TO A LOWER ELEVATION.

YOU, YOU KNOW, YOU WOULD ACTUALLY NEED HIGHER NETS, CORRECT.

OTHER COMPARTMENTS ON THE LOW SIDE AND THE BALL COULD CARRY FURTHER, THAT'S FOR SURE.

DOES THAT MAKE SENSE? YES.

CALLING US AND LETTING US KNOW WE'VE GOT ANOTHER DAMAGED WINDSHIELD OR WE'VE GOT A DENTED HOOD.

ANY OTHER QUESTIONS? I DO YOU HAVE ANY IDEA OF THE NUMBER OF BALLS THAT ARE GOING TO THE PARKING LOT? LIKE HOW BIG A PROBLEM IS THIS? IT'S A BIG ENOUGH PROBLEM WHERE WE'VE, UM, BROKEN WINDSHIELDS, UM, WE'VE, UH, DROPPED BALLS WHERE PEOPLE ARE ACCESSING THEIR CAR.

UM, THERE ARE A SERIES OF TREES THERE THAT WHEN THE LEAVES ARE ON THE TREES, IT KNOCKS DOWN A FEW OF THE AIR ON GOLF BALLS.

BUT TO THE POINT WHERE WE'RE NOW, WE'VE GOT RESIDENTS LIVING IN THAT APARTMENT BUILDING THAT ARE, UM, CONSTANTLY, UH,

[02:05:01]

UM, AND HAVE ALSO, UM, VOCALIZED A LOT OF CONCERNS TO THE TOWN.

UM, SUPERVISOR, I CAN'T TELL YOU THE AMOUNT OF GOLF BALLS, BUT THERE'S ENOUGH GOLF BALLS TO MAKE IT A VERY, UM, UM, VERY DIFFICULT AREA FOR THE MEMBERS OR THE, UH, RESIDENTS WHO LIVE IN THAT FACILITY.

, DO YOU USE THAT SPACE? WE DO HAVE THE SUPPORT FROM ONE 40.

I THINK STEVE, I'M NOT SURE THAT'S IN THIS, IN THIS, UM, UH, THE LETTER IN SUPPORT WAS SUBMITTED TO THE BOARD, SO ONE 40 IS FULLY SUPPORTIVE OF HAVING THESE, THAT'S UP.

AND WE DID SPEAK TO, UM, EVERY APARTMENT ALONG THE DRIVING RANGE, UM, TO INFORM HIM OF THE, UM, UH, OUR ATTEMPT TO PUT UP NETTING, UM, AND ALL BUT ONE APARTMENT BUILDING WHO WAS CONCERNED ABOUT THE POLES, UH, HE SUGGESTED WE HAVE THE POLES PAINTED A COLOR THAT WOULD BE LESS INTRUSIVE.

SO WE WOULD BE HAPPY TO PAINT THE POLES ANY COLOR THAT'S NECESSARY, BUT AT THE END OF THE DAY, THE POLES ARE IN FRONT OF ONE 40.

THEY'RE NOT IN FRONT OF THE BUILDING WHERE WE HAD ONE INDIVIDUAL, UM, TAKE ISSUE TO THE FACT THAT, UH, THE POLES MIGHT OBSTRUCT THEIR VIEW.

THE POLES ARE NOT EVEN IN FRONT OF THIS BUILDING.

THEY'RE IN FRONT OF THE ONE 40 BUILDING.

AND AGAIN, THE, UH, I CAN'T STRESS THE, UM, UNLESS YOU WOULD ACTUALLY SEE THE, THE NETTING, HOW TRANSPARENT THE NETTING IS TODAY.

HAS, HAVE YOUR, HAS YOUR COMPANY DONE ANY RESEARCH ON THE IMPACT ON BIRDS? ON BIRDS? WE'RE NOT A, WELL, WE HAVE, WE HAVE 60 FOOT NETTING ON OUR 18TH.

UM, UM, WE ARE 18TH HOLE NOW AND WE HAVE NO ISSUES WITH BIRDS AT ALL.

WE'VE NEVER HAD AN ISSUE WITH BIRDS ON ANY OF OUR NETS.

AND AND I CAN TELL YOU I DID A NET VARIANCE WITH YOUR BOARD A FEW YEARS BACK ON SUNNINGDALE.

THE QUESTION WAS RAISED, THE CONTRACTOR ATTESTED TO THE FACT THAT THEY HAD NEVER HAD ANY ISSUES WITH BIRDS.

UH, AND THE BOARD DETERMINED AND THAT WAS SUFFICIENT TO ANSWER THE ISSUE.

UM, HAVE THERE BEEN ANY OBJECTIONS FROM THE NEIGHBORS TO THE TENNIS BUBBLE? NOT THAT WE KNOW.

NOT, NOT AT ALL.

NO.

AND WE TOOK THE TIME TO MEET WITH, UH, DALE PARKING GARAGE, UH, PARKING A LOT AREA.

WE MET WITH THE, UH, THE RESIDENCE UP ON THE, UM, GREENBERG, UM, RIGHT ON CLUB WAY.

WE MET WITH ALL THE APARTMENT BUILDINGS AND THERE DIDN'T, THERE WAS NO CONCERN ABOUT THE, THE, THE BUBBLE WHATSOEVER THAT WAS RAISED TO US.

I I IN YOUR, IN YOUR SUBMISSION, YOU SAY THAT, UM, THE BUBBLES WON'T CHANGE THE INTENSITY OF USE, BUT KIND OF ISN'T THAT THE WHOLE PURPOSE OF THE BUBBLE? IT, IT, THE, THE POINT WE WERE MAKING, UH, AND I APPRECIATE THE QUESTION, THEY'RE NOT, THE CLUB IS NOT INCREASING THE NUMBER OF NUMBERS.

IT'S NOT INCREASING, UH, THE AMOUNT OF PEOPLE PLAYING TENNIS OR INCREASING THE AREAS IN WHICH TENNIS IS PLAYED.

THE IDEA IS SIMPLY TO ALLOW THE SAME LEVEL OF PLAY OVER COLD MONTHS, WHERE OUTDOOR COURTS, FOR VERY OBVIOUS REASONS, OTHERWISE WOULDN'T BE, UH, USABLE.

SO IT'S THE VOLUME OF IT'S CHANGING OVER COURSE OF TIME, NOT AT ANY ONE GIVEN MOMENT.

IT IS A CHANGE, IT IS AN INCREASE IN THE, IN THE INCREASE IN PLAY.

IT, THE DURATION OF, UH, MONTHS WITHIN THE YEAR AT WHICH PEOPLE COULD USE THE FACILITY IS CERTAINLY INCREASING.

THAT'S OBVIOUSLY THE CLUB'S HOPE, UH, BUT THERE WOULD BE NO INCREASE IN MEMBERSHIP OR TRAFFIC, UH, FOOT OR VEHICLE, UH, OR, OR NUMBER OF PEOPLE PLAYING AT ANY GIVEN TIME.

CLEARLY, THE, THE INTENT OF ADDING A BUBBLE IS TO BE RELEVANT AS A, AS A GOLF CLUB TODAY, THERE'S A LOT OF COMPETITION OUT THERE.

AND AS A, AS A CLUB, YOU WANNA OFFER, UM, EXCEPTIONAL VALUE TO YOUR MEMBERSHIP.

AND THIS IS AN OPPORTUNITY FOR US TO FURTHER RECRUIT AND RETAIN OUR MEMBERSHIP, PROVIDE ADDED VALUE.

AND, UM, IT'S BEEN VERY SUCCESSFUL AT OTHER CLUBS.

UH, ONE WAS PUT UP AT RUMBLE PARK, UH, RIGHT IN, IN, IN GREENBURG NOT TOO LONG AGO.

I THINK THAT THAT FACILITY IS DOING VERY

[02:10:01]

WELL AND, UM, UH, THIS IS REALLY A, A WONDERFUL BENEFIT FOR OUR MEMBERSHIP.

ANY OTHER QUESTIONS? I, MADAM CHAIR, THERE'S A SPEAKER FROM THE PUBLIC, IF IT'S OKAY FOR NOW.

CERTAINLY.

ALRIGHT, JOHN LOVELESS.

UH, GOOD, GOOD EVENING.

MEMBERS OF THE BOARD.

UH, MY NAME IS JOHN LOVELESS.

I'M WITH THE FIRM OF BLAKEY PLATT SCHMIDT.

I'M APPEARING HERE TONIGHT ON BEHALF OF THE HARTSDALE PUBLIC PARKING DISTRICT.

UM, I WILL NOTE THAT THE PARKING DISTRICT WAS GREATLY CONCERNED WITH THE TENNIS BUBBLE, UH, BUBBLE APPLICATION.

WE WEREN'T ABLE TO MEET WITH THE GOLF CLUB, BUT I THINK WE WERE QUITE CLEAR IN OUR CONCERN ABOUT THE POTENTIAL ADVERSE EFFECTS FROM THIS BUBBLE.

AS YOU'LL NOTE FROM THE APPLICATION, THE BUBBLE IS GOING TO BE SIX FEET FROM THE PROPERTY LINE THAT'S DIRECTLY BETWEEN THE, THE GOLF CLUB AND THE PARKING DISTRICT PROPERTY.

I THINK BY DEFINITION, THAT'S A SIGNIFICANT INCREASE FROM WHAT WAS SUPPOSED TO BE A 25 FOOT SETBACK.

THE SITUATION IS, IS EXACERBATED BY THE FACT THAT THE SIX FEET BETWEEN WHERE THE BUBBLE ENDS AND OUR PROPERTY LINE BEGINS IS A PRECIPITOUS DROP.

SO THAT THERE REALLY IS NO SPACE, NO EFFECTIVE SPACE BETWEEN WHERE THIS BUBBLE ENDS AND THIS TRENCH DRAIN SYSTEM IS INTENDED TO BE INSTALLED.

AND THE, THE, THE LOWER LEVEL OF OUR LOT, THE DISTRICT ISN'T ADAMANTLY OPPOSED TO THE BUBBLE.

WE'RE JUST CONCERNED WITH THE FACT THAT AN OBVIOUS INCREASE IN RUNOFF AND WATER IN SUCH A FINITE AREA WITHIN A LIMITED TRENCH DRAIN SYSTEM HAS TO BE EXAMINED QUITE CLOSELY.

THE TRENCH DRAIN SYSTEM, IF, IF I, I'M NOT SURE IF THE BOARD WAS, WAS AT THE SITE, BUT ON THIS CORNER THAT STANDS BETWEEN THE BUBBLE AND, AND OUR PROPERTY.

IF THE TRENCH STRAIN SYSTEM IS CLOGGED OR ICED OVER OR NOT S OR NOT SUFFICIENT TO, TO HANDLE THE, THE, THE STORM LOAD IN THE REAL WORLD, NOT ON, NOT IN MATH, THEN THE WATER WILL RUN INTO THE PARKING LOT.

IT WILL RUN INTO THE STORES.

AND, AND I'M SURE THIS BOARD IS AWARE OF THE WATER ISSUES ON EAST HARTSDALE AVENUE, WE'RE VERY CONCERNED THAT A, A STRUCTURE OF THIS SIZE AND SHAPE THAT CLOSE TO SUCH A SENSITIVE AREA NEEDS, NEEDS REAL SCRUTINY TO MAKE SURE THAT THERE ARE, THERE IS NOT A DETRIMENT TO THE NEARBY PROPERTIES.

AND WE WERE, WE WERE UNCONVINCED DURING THE MEETING.

I MEAN, I, I, I KNOW THAT THE TRENCH DRAIN IS DESIGNED TO ACCEPT THE LOAD, BUT THAT'S BASED UPON THE, THE, THE PROPOSITION THAT THE WATER WILL CONSTANTLY FLOW EFFECTIVELY AND EFFICIENTLY INTO THE LIMITED TURN STRAIN THAT'S BEING BUILT.

SO THAT IS OUR CONCERN.

AND IF YOU, IF YOU PUT THAT CONCERN WITH THE ADVERSE EFFECTS, THAT WOULD FOLLOW FROM, FROM AN INCREASE IN WATER RUNNING DOWN THAT HILL TO THE DISTRICT, TO THE STORES, AND TO THE RESIDENT OF EAST HARTSDALE AVENUE, WE WANNA MAKE SURE THAT'S PROPERLY CONSIDERED BY THIS BOARD AND ANY OTHER BOARD THAT THAT'S REVIEWING THIS APPLICATION.

ANY OTHER COMMENTS? WELL, ANY COMMENTS OR RESPONSES FROM THE APPLICANT AT THIS TIME? YEAH, UH, AND THANK YOU MADAM CHAIR.

UH, JUST TO TOUCH BRIEFLY ON, UH, MR. LEVI'S COMMENTS, UH, AND WE DO APPRECIATE SEEING JOHN AGAIN.

UM, UH, OBVIOUSLY STORMWATER HAS TO BE ADDRESSED, THERE'S NO QUESTION.

UM, AND IN THAT I THINK WE'RE ALL IN AGREEMENT.

UH, AND I WOULD NOTE THAT THE TOWN HAS EXCELLENT STAFF AND EXPERTS, AND OUR TEAM HAS PUT TOGETHER A VERY COMPREHENSIVE STORMWATER REPORT, UH, STORMWATER PLAN, AS WELL AS THE SW, WHICH I BELIEVE IS BEING REVIEWED, UH, BY THE TOWN ENGINEERING DEPARTMENT.

I DON'T KNOW IF THEY'VE FULLY COMPLETED THEIR REVIEW.

GARRETT MAY BE ABLE TO OPINE ON THAT.

UH, BUT ZACH, I DON'T KNOW IF YOU WANT TO ADDRESS ANY OF JOHN'S COMMENTS IN GREATER DETAIL NOW FOR THE BOARD.

UH, BUT WE'RE VERY CONFIDENT THAT THIS, UH, SYSTEM BEARS OUT THAT THIS CAN MORE THAN ADEQUATELY HANDLE, UH, THE RUNOFF ISSUES.

AND WE BELIEVE IT'S GONNA BE AN IMPROVEMENT AT THE END OF THE DAY.

AND, AND

[02:15:01]

WE KNOW THAT WAS AN ISSUE FOR THE PARKING DISTRICT, WHICH IS WHY WE FOCUSED ON IT IN OUR DESIGNS PLANS AND, UH, SW.

SO I COULD GET INTO IT A LITTLE BIT, STEVE, UH, JUST SIMPLY IF THE, IF IT'S AT THE BOARD'S PLEASURE, GO AHEAD.

SO LET ME, UH, JUST SHARE MY SCREEN AGAIN.

SO AS, AS WE'VE MENTIONED, THERE'S, THERE'S THREE COURTS HERE, ALRIGHT, UH, EXISTING AND THERE'S A LOWER COURT HERE, WHICH ARE IMPERVIOUS.

THERE'S CURRENTLY NO FORMAL REALLY, YOU KNOW, THIS PORTION, THE SOUTHERN PORTION, UH, SHEETS OFF DOWN THE STEEP SLOPE THAT JOHN HAD MENTIONED.

AND THERE IS AN EXISTING DRAINAGE STRUCTURE HERE WITH A PIPE LO UH, A PIPE, UM, THAT GOES OFF OF THE PROPERTY DOWN ONTO, UM, THE NEIGHBORING PROPERTY, WHICH IS THE, THE PARKING DISTRICT.

SO WE ARE PROPOSING TO INSTALL A TRE DRAIN ALONG THE, THE EASTERN EDGE, UH, OF THE COURT AT THE BARRIER OF THE COURT, AS WELL AS AT THE, THIS CORNER HERE IS TO, TO ALLOW THE WATER TO, AGAIN, THIS IS, UH, ALLOW THE WATER TO SHUT OFF INTO THE TRE CONSTRAIN.

IT'S BEING COLLECTED, IT'S BEING SENT TO A DETENTION SYSTEM, WHICH WE, YOU KNOW, WHICH WE MODELED TO SHOW THAT WE'RE MITIGATING THE PEAK FLOW FROM THE 25 YEAR STORM.

NOW WE DID, WE DID SPEAK WITH JOHN IN THE MEETING, UM, BRIEFLY.

UH, WE KNOW THAT THEY'RE, THE, THE PARKING DISTRICT WAS CONCERNED ABOUT SNOW LOADS.

UM, WE DO SHOW A SNOW STORAGE AREA, UM, WITH THESE TENANT ENCLOSURES.

THERE, THERE DOES NEED TO BE MAINTENANCE DURING SNOW EVENTS WHERE CLUB STAFF WILL NEED TO CLEAN SNOW AROUND THE STRUCTURE TO, YOU KNOW, SUCH THAT IT DOESN'T CAVE IN WITH, WITH SNOW SUPPORTING ON THE SIDE.

SO, YOU KNOW, THERE'S GOING TO BE AN ACTIVE MAINTENANCE, UM, DURING THE WINTER MONTHS TO MOVE THE SNOW TO LOCATIONS, UH, SENSITIVE TO SUCH THAT THEY CAN, YOU KNOW, GET BACK INTO THE TRENCH DRAIN SYSTEM.

UM, AND WHEN THE ENCLOSURE IS DOWN, UM, YOU KNOW, THE TRENCH DRAINS ARE GOING TO REMAIN AND THEY WILL COLLECT THE WATER DURING THE SUMMER MONTHS.

SO IT'S A 24, YOU KNOW, 12 MONTH A YEAR, UH, DETENTION SYSTEM.

SO, UM, THAT'S JUST A BRIEF OVERVIEW, UM, AND I HOPE THAT HELPS AT AT LEAST THE BOARD A LITTLE BIT.

SO ZACH, YOU BROUGHT UP A REALLY GOOD POINT, AND THAT IS FOR SIX MONTHS OF THE YEAR, WE'LL HAVE ADDITIONAL WATER RETENTION THAT WASN'T THERE BEFORE.

SO WE'RE ACTUALLY GONNA IMPROVE THE RETENTION DURING THE SUMMER MONTHS, WHICH, UM, WILL FAR EXCEED WHAT'S HAPPENING TODAY WITH THE, THE RUNOFF.

SO, UM, NOT ONLY IN THE WINTER, BUT IN THE SUMMER WE'LL SEE IMPROVEMENTS AND, AND AGAIN, THE RETENTION SYSTEM IS DESIGNED TO IMPROVE BEYOND WHAT WE ARE DOING TODAY.

IS THAT CORRECT? YES.

IF, IF I MAY, I, I UNDERSTAND THAT.

AND, AND WE ARE, WE ARE CERTAINLY OPEN TO ACCEPTING THAT CONCLUSION.

OUR PROBLEM IS, IS WE'RE BEING ASKED TO ACCEPT A SYSTEM THAT IS VIRTUALLY ON THE PROPERTY LINE, EFFECTIVELY ON THE PROPERTY LINE THAT'S GOING TO RELY ON ACTIVE MAINTENANCE SYSTEM IN THE MIDST OF A STORM.

AND THE ADVERSE EFFECTS OF THAT, OR THE FAILURE TO DO THAT, IS ON US, NOT ON THE CLUB.

IS WHETHER OR NOT THERE ARE ALTERNATIVE LOCATIONS FURTHER FROM THE PROPERTY LINE FOR TWO TENNIS COURTS TO BE, TO BE ENCLOSED.

IT'S ON THE , IT ISN'T ACTIVELY MAINTAINED.

IF IT ISN'T, IF WE'RE ON TIME, PLEASE W YOU KNOW, YOU KNOW WHAT, MEA CULPA, SO IF IT'S A SNOWSTORM, THE SNOW'S NOT GOING TO IMMEDIATELY RUN OFF ONTO, YOU KNOW, IT'S, IT'S, IT'S A SNOW, RIGHT? THAT'S THE ACTIVE MAINTENANCE I WAS TALKING ABOUT DURING SNOWFALL EVENTS, RIGHT? SNOW SHEETS SHEDS OFF THE TOP OF THE ENCLOSURE DOWN INTO WHERE THE TRENCH TURNED TO BE, THAT THOSE AREAS AROUND THE PER PERIMETER OF THE, THE ENCLOSURE WOULD NEED TO BE ACTIVELY MAINTAINED.

SO AS FAR AS YOU KNOW, SNOW, YOU KNOW THAT THAT'S WHAT WE'RE TALKING ABOUT.

AND AS IT STARTS TO MELT, YOU KNOW, WE ACTIVELY MOVE THE SNOW AWAY, THEN IT MELTS, IT GETS INTO THE DRAINS.

I THINK AT THE END OF THE DAY, UH, WE'RE COMMITTING TO THAT ACTIVE MAINTENANCE.

YOU, THE BOARD AND THE TOWN HAVE TO HOLD US TO THAT STANDARD THAT WE'RE COMMITTING TO.

NOW THAT'S, THAT'S PART OF OUR SYSTEM, THAT'S PART OF OUR APPLICATION.

I, I'M NOT SURE IF THE QUESTION IS, WILL WE HOLD UP OUR END OF THE BARGAIN? AND, YOU KNOW, OUR ANSWER IS YES.

WELL, THE QUESTION, IF WE DON'T RETAIN, IF WE DON'T MAINTAIN THE SNOW AROUND THE BUBBLE, THE BUBBLE COLLAPSES.

SO THE RISK IS ALL IS ON US.

IT'S ON US TO MAKE SURE THIS BUBBLE DOESN'T COLLAPSE AND TO RE RETAIN, MAINTAIN THE AREAS AROUND THE BUBBLE.

UM, THE SNOW DOESN'T MELT IMMEDIATELY, DOESN'T MELT WHEN IT FALLS, AND IT DOESN'T CREATE AN ENORMOUS RUNOFF IMMEDIATELY AS IT'S COMING DOWN.

AND THAT'S WHERE OUR OPPORTUNITY IS TO MOVE IT AND STORE IT.

I, I, I UNDERSTAND THAT AND I APPRECIATE THAT.

MY, MY ISSUE BEFORE THIS BOARD

[02:20:01]

SHOULD THE BURDEN OF, OF MAINTAIN, OF ADDING SIX MORE MONTHS OF TENNIS TO THE LIMITED MEMBERSHIP OF SCARSDALE GOLF CLUB BE BORNE BY THE MEMBERS OF THE GOLF CLUB WITH, WITH BETTER OR WITH WITH COURTS CLOSER TO THE CLUBHOUSE OR THE HARTSDALE PARKING DISTRICT AND THE STORES, YOU KNOW, DOWNHILL FROM THERE? OR IS THERE A WAY TO PUT A DRAIN SYSTEM, A MORE REDUNDANT DRAIN SYSTEM, OR, YOU KNOW, A BIGGER GAP BETWEEN THE EDGE OF THIS BUBBLE AND THE PROPERTY LINE TO MAKE SURE THERE'S SUFFICIENT, YOU KNOW, PROTECTIONS INVOLVED? THAT'S, THAT'S WHAT I'M HERE BEFORE THE ZONING BOARD IS, WHETHER THEY'RE ALTERNATIVES, WHETHER OR NOT THEY'RE GONNA BE ADVERSE EFFECTS, AND WHETHER OR NOT THIS IS A SUBSTANTIAL, I MEAN, YOU KNOW, IF YOU GO THROUGH THE TEST, THIS IS THE SCARSDALE GOLF CLUB WANTS, WANTS ADDITIONAL TENNIS, YOU KNOW, IS WHAT THEY'RE ASKING THE REST OF US TO PUT UP WITH PROPERLY BALANCED WITH THAT REQUEST.

AND, AND OUR FEAR IS THAT, THAT PUTTING IT SO CLOSE TO THIS LINE WITH A FRAGILE DRAINAGE SYSTEM IS TOO MUCH TO ASK.

AND MADAM CHAIR, IF IT'S ALL RIGHT WITH YOU, I'D LIKE TO JUST BRIEFLY RESPOND BRIEFLY.

UH, AND SO I'LL, I'LL REFER TO OUR STATEMENTS IN SUPPORT, WHICH GO THROUGH IN DETAIL EACH ELEMENT OF THE BALANCING TEST.

UH, AND I WOULD NOTE THAT THE COURTS ARE THERE NOW AT THAT PROPERTY LINE.

UH, WE'RE LOOKING TO ENCLOSE EXISTING COURTS.

WHAT I'VE HEARD FROM MR. LOVELESS IS THE QUESTION OF SHOULD THE PARKING DISTRICT BEAR THE NEGATIVE IMPACTS OF INCREASED TENNIS? BUT WHAT WE HAVE SHOWN YOU AND WHAT WE HAVE DEMONSTRATED THROUGH OUR EXHAUSTED EXPERT MATERIALS IS THAT THERE WILL NOT BE A NEGATIVE IMPACT FROM STORMWATER RUNOFF.

I THINK WHAT MR. LOVELESS HAS ALSO ASKED IS THAT THE BOARD AND THE TOWN PROVIDE ADDITIONAL SCRUTINY, UH, ON THIS ISSUE, WHICH MAKES SENSE.

THEY ARE DOWNHILL FROM US AND, AND ARE CLOSE NEIGHBOR TO US.

SO I, I WOULD SAY TO THAT YOUR ENGINEERING DEPARTMENT IS REVIEWING OUR MATERIALS.

AGAIN, I DON'T KNOW IF THEY HAVE FULLY COMPLETED THAT REVIEW, BUT WE'RE VERY CONFIDENT THAT WHAT WE HAVE PROPOSED TO THEM WILL BEAR OUT.

SO I WOULD ENCOURAGE THE BOARD TO LISTEN TO YOUR STAFF.

CERTAINLY IF THE ENGINEERING DEPARTMENT FEELS THAT SOMETHING ADDITIONAL MAY BE NEEDED OR THAT WE DIDN'T PROVIDE A SYSTEM THAT IS UP TO SNUFF, WE CAN WORK THAT THROUGH THEM.

UH, BUT THEY'VE HAD OUR SW FOR A FEW MONTHS NOW AND WE HAVE NOT HEARD ANYTHING TO THAT EFFECT.

ALRIGHT, THANK YOU.

I THINK WE SHOULD, WE SHOULD MOVE ON AT THIS POINT TO CASE 2209 BOLGA PROPERTY AT 1 32 RUSSELL STREET.

I, HELLO.

CAN YOU HEAR US OKAY? YES.

THIS IS DEBBIE BOBA.

I'M KYLE ERICK.

HI, HOW ARE YOU SISTER? SO WE'RE HERE TODAY.

UM, WE'RE REQUESTING A VARIANCE FOR A TWO CAR GARAGE THAT IS ON THE PROPERTY THAT MY BROTHER PURCHASED.

UM, WE HAVE HAD AN ENGINEER AND ARCHITECT VISIT, DROP A SITE PLAN AND DROP PAPERWORK TO LEGALIZE IT AND, UM, REQUEST A VARIANCE.

THEY SAY THAT THE GARAGE HAS BEEN THERE SINCE 1981 FROM, I GUESS WHAT THEY CAN FIND AND EVIDENCE OF IT.

WE THINK IT'S BEEN THERE PRIOR TO THAT.

UM, I CAN SHOW YOU IF I KNOW HOW TO SCREEN SHARE.

WHAT DID HE SAY TO, I'M JUST GONNA, THE BOTTOM, YOU SHOULD SEE A GREEN BUTTON AND YOU HIT THAT, AND THEN YOU SHOULD GET A PROMPT OF OPTIONS OF WHAT YOU WANT TO SHARE.

OH, THERE WE GO.

THERE YOU GO.

SO THIS IS A VIOLATION.

I DON'T KNOW IF YOU CAN SEE IT.

CAN YOU, UM, IF YOU CAN TRY AGAIN? SURE.

WE WOULD HAVE TO LEGALIZE IT.

THAT RIGHT THERE IS A VIOLATION THAT WE RECEIVED, UM, THAT SAYS IT WAS JUST IN ADDITION TO THE GARAGE.

UM, THIS RIGHT HERE IS THE ASSESSOR'S RECORD THAT WE PULLED UP WHEN WE PURCHASED IT.

THAT SHOWS THERE WAS A TWO CAR GARAGE.

IT WAS BEING ASSESSED AT THE TIME, WHICH WAS, UM, 1819.

YOU CAN SEE THAT ON THE ASSESSOR'S CAR.

SO IT WAS BEING, UH, ASSESSED AS A TWO CAR GARAGE, WHICH IS WHAT WE BELIEVED UNTIL LATER ON, UM, THE BUILDING DEPARTMENT CAME FORWARD AND SAID THE ENTIRE STRUCTURE IS NOT LEGAL AND

[02:25:01]

SO THIS RIGHT HERE IS THE PROPOSAL, THERE'S THE GARAGE RIGHT HERE.

I DON'T KNOW IF YOU CAN SEE MY LITTLE ARROW.

THIS IS, UM, THE BOUNDARY LINE RIGHT HERE.

AND THIS IS WHAT WE'RE, THIS IS WHAT WE'RE REQUESTING A VARIANCE FOR THIS PORTION RIGHT HERE.

HERE'S THE ACTUAL SURVEY.

SO WE ARE CURRENTLY IN CONTRACT.

UM, EVERYONE WE CAME TO VISIT AND SHOW THE HOUSE IS AWARE OF THE BOUNDARY LINE AS CIRCLED RIGHT HERE.

UM, WE ALSO SHOW THEM THE BOUNDARY LINE AGREEMENT.

THIS IS THE NEIGHBOR'S PROPERTY THAT COMES DOWN THIS WAY.

HOLD ON.

I'M TRYING TO GET ONE MORE DOCUMENT THAT'S UP ON THIS SIDE, WHICH IS THE CONTRACT THAT SHOWS THE SALE IS CONTINGENT ON DELIVERING A LEGAL TWO CAR GARAGE.

SO ESSENTIALLY IF WE DON'T GET THIS VARIANCE, WE WON'T BE ABLE TO SELL THE HOME, AT LEAST TO THOSE PEOPLE.

WE'VE BEEN TRYING TO SELL IT AS IS TO MANY PEOPLE AND EVERYONE WHO CAME INTO THE HOME.

I, I WANNA SAY WE HAD OVER 150 PEOPLE COME AND VISIT AND LIKE IT AND REQUESTED THAT WE DELIVER A .

DO YOU HAVE ANY QUESTIONS HERE? SO IS YOUR, IS THE CURRENT DRIVEWAY ON YOUR NEIGHBOR'S PROPERTY? I'M A LITTLE CONFUSED.

WHEN YOU GO BACK TO THE LAST, THAT ONE RIGHT THERE PAGE THAT YOU SHOWED.

'CAUSE YOU'RE, YOU'RE, YOU WILL REMOVE ALL OF THE AREA THAT'S IN RED, CORRECT? YES.

RIGHT THERE.

SO WHEN THIS ONE WAS PURCHASED, WE WERE UNAWARE OF IT, UM, DEEP IN THE TITLE REPORT, WE FOUND THE BOUNDARY LINE AGREEMENT AND WE LET THE CO PEOPLE KNOW, WE SHOWED THEM, WE SENT THEM A COPY OF THE BOUNDARY LINE AGREEMENT AND THEN, UM, THEY HAD SUGGESTED, AND ACTUALLY THE BUILDING DEPARTMENT IS FINE WITH IT ALSO BECAUSE THERE'S A VIOLATION FOR WIDENING OF THE DRIVEWAY THAT HAPPENED PRIOR TO OUR OWNERSHIP.

UM, IF WE JUST LEAVE THIS PORTION AND, AND BASICALLY SEED AND GRASP IT, UM, JUST SO WE CAN DELINEATE AND THE CURRENT BUYERS ARE AWARE THAT THAT IS NOT THEIR PROPERTY, WHERE THE PROPERTY LINE IS, THERE'S ACTUALLY MARKS RIGHT HERE ON THE GROUND THAT SHOW WHERE THE PROPERTY LINE IS.

DOES ANYONE ELSE HAVE ANY QUESTIONS? I'M SORRY.

WE DIDN'T GET ANYONE TO REPRESENT US.

WE WERE TOLD THAT WE CAN DO THIS ALL BY OURSELVES.

UM, I HOPE I'M MAKING, YOU KNOW, A, A GOOD ENOUGH ARGUMENT ABOUT THIS.

I DON'T KNOW WHAT ELSE THAT WE CAN SHOW YOU.

I JUST HAVE A QUESTION ABOUT THE SECOND FLOOR OF THE GARAGE.

DOES THAT HAVE ANY UTILITIES IN IT? NO, IT'S JUST COMPLETELY UNFINISHED SPACE.

THERE'S NO ELECTRIC, NO HEAT, NO GAS? NO.

WHEN DID YOU PURCHASE THE HOUSE? 2018.

NOVEMBER OF 2018.

AND WHEN YOU TALK ABOUT YOU WOULD HAVE TO REMOVE THE GARAGE OR REMOVE THE GARAGE, HAVE YOU GIVEN ANY, UM, WAIT, NO ONE SAID REMOVING THE GARAGE? NO, NO.

WELL, IN YOUR, IN THE WAY IN WHICH YOU PRESENTED IT, YOU TALKED ABOUT, UH, IN ORDER FOR IT TO BE LEGALIZED, THE GARAGE WOULD HAVE TO BE MOVED.

I WAS JUST GONNA ASK YOU, HAS THERE BEEN ANY ESTIMATES OF HOW, HOW THAT COULD BE DONE AND WHAT IT MIGHT COST? NO, WE, WE, WE NEVER MENTIONED MOVING THE GARAGE.

WE'RE REQUESTING A VARIANCE SO WE DON'T HAVE TO MOVE THE GARAGE.

I UNDERSTAND.

I MENTIONED MOVING THE, UM, THE SPACE RIGHT OVER HERE ON THE OTHER SIDE, THE ASPHALT AND THAT AREA.

I THINK WHAT WE'RE, UM, WE'RE LOOKING AT, WE'RE LOOKING AT IS HAVE YOU EXPLORED OTHER OPTIONS? SO DIDN'T GET IT, THE VARIANCE, WHAT WOULD YOUR OP OTHER THAN A VARIANCE, I MEAN, I GUESS WE'RE GONNA HAVE TO REMOVE THE GARAGE AT THAT POINT.

[02:30:05]

WE DIDN'T REALLY ANTICIPATE, UM, THAT THAT WOULD BE AN ISSUE BEING THAT IT, IT'S BEEN THERE FOR AT LEAST WE KNOW, YOU KNOW, 17 PLUS YEARS.

WE SPOKE TO THE GOSPEL CHURCH ON THE OTHER SIDE WHO SAID THAT IT'S BEEN THERE LIKE 40 YEARS.

SO IT'S BEEN THERE SINCE THE EIGHTIES.

AND, BUT YOU KNOW, TECHNICALLY FOR HEAR WHAT YOU'RE SAYING, UM, SHE SAID, SHE'S SAYING THAT, UH, AS FAR AS SHE KNOWS, UH, SPEAKING TO NEIGHBORS, IT'S BEEN THERE FOR QUITE A LONG TIME AND WE'RE, WE'RE GUESSTIMATING.

IT'S THERE SINCE AT LEAST THE EARLY EIGHTIES, IF NOT THE SEVENTIES.

SO WE HAVE A SURVEY HERE THAT IS FROM 2004 AND IT SHOWS THE GARAGE AND THE PROPERTY AS IT CURRENTLY IS.

SO WE KNOW AT LEAST 2004 THAT IT'S BEEN THAT WAY.

UM, BUT FROM WHAT THE NEIGHBORS ARE TELLING US, IT'S BEEN WELL BEFORE THAT TIMEFRAME.

AND WHEN DID YOU BECOME, GO AHEAD.

I JUST HAVE ONE MORE QUICK ONE.

UH, WHEN DID YOU BECOME AWARE THAT, THAT THE ENTIRE TWO CAR, UM, GARAGE WAS NOT OF, UM, THAT IT, UH, I'M SORRY, I DIDN'T HEAR YOU.

WHEN DID WE BECOME AWARE THAT THE ACTUAL GARAGE ITSELF WASN'T LEGAL? YEAH, IT WAS AFTER THE PURCHASE.

UM, WHEN WE WERE TRYING TO WORK TO CLEAR THE ADDITION ABOVE THE GARAGE VIOLATION THAT, UM, WE WERE WORKING WITH THE BUILDING DEPARTMENT TO CLEAR THAT, AND THEN THEY CAME BACK TO US AND SAID, ACTUALLY, IT'S BEEN, THE WHOLE THING IS ILLEGAL AT THIS POINT.

IT'S BEEN EXPANDED.

THE ORIGINAL CO SHOWED A ONE CAR GARAGE THAT WAS BUILT IN 1948.

WAS THAT ORIGINAL CO CO IN THE, IN THE, IN THE TITLE SEARCH UNDER THE CERTIFICATE OF OCCUPANCY SEARCH SHOWN A ONE CAR GARAGE? I DON'T THINK IT, I I THINK IT JUST SAID GARAGE.

IT DIDN'T SAY ONE CAR GARAGE.

I DON'T IT THOUGH.

I CAN CHIME IN INTO THE HISTORY.

ROWAN, THE ORIGINAL GARAGE WAS NOT THIS GARAGE.

IT WAS A ONE CAR GARAGE IN A DIFFERENT LOCATION.

THIS IS NOT THE SAME GARAGE AS 1948.

SO THERE WAS NO CO FOR THIS, THIS, THIS WAS A COMPLETELY ILLEGALLY BUILT STRUCTURE PRIOR TO THIS APPLICANT'S PURCHASING THE PROPERTY.

THANK YOU FOR THAT, ANTHONY.

BECAUSE I WAS WONDERING THE DIFFERENCE BETWEEN NON-CONFORMING AND ILLEGAL.

NOW THIS WAS ILLEGALLY, THIS WAS ILLEGALLY BUILT WITHOUT A BUILDING PERMIT WHERE, UH, ANTHONY, IF YOU CAN REMEMBER WHERE WAS, UH, JUST CURIOUS, WHERE WAS THE UM, THE OTHER GARAGE THAT WAS KNOCKED DOWN IN BEFORE ON THE PROPERTY? IT WAS UP, IT WAS UP FURTHER ON THE PROPERTY.

IT WAS UP CLOSER AND FURTHER TO THE RIGHT ON THE PROPERTY.

THANK YOU BUD.

AND WAS THIS DONE IN TWO STAGES? YOU SAID THAT THERE WAS A ROOF, LIKE THE SECOND STORY WAS PUT ON AT SOME POINT? N NO, WHEN THE, WHEN THE BUILDING INSPECTOR ISSUED THE VIOLATION AND HE LOOKED AT AND HE LOOKED AT THE DOCUMENT, THE PERMIT'S ON FILE WITH THE TOWN, HE SAW A PERMIT FOR A ONE CAR GARAGE.

SO HE DID NOT RESEARCH THE DOCUMENT TO SEE THAT THAT GARAGE WAS IN A DIFFERENT LOCATION.

AND THIS STRUCTURE WAS ACTUALLY A STRUCTURE THAT WAS COMPLETELY BUILT WITHOUT THE BENEFIT OF A BUILDING PERMIT.

A VIOLATION OF WIDENING OF A DRIVEWAY, WHICH WE DIDN'T REALLY KNOW WHAT THAT MEANT UNTIL, YOU KNOW, YEARS INTO OWNERSHIP OR AT LEAST A YEAR INTO OWNERSHIP.

YOU'RE WELCOME.

ANY OTHER QUESTIONS? YEARS PRIOR TO US OWNING IT, WELL, AT LEAST MY BROTHER OWNING IT AND UNAWARE OF THAT.

SO THERE WAS NO MONEY HELD AT THE CLOSING THEN ANY KIND OF ESCROW FOR THIS.

AND HIS, IT WAS AT, IT WAS COMPLETELY AS IS.

UM, AND THEN WE, WE ORIGINALLY REQUESTED THE BUILDING, UH, PLANS.

YES, WE WERE TOLD THAT THERE WAS NO SURVEY, THAT WE COULD NOT GET THE PLANS BECAUSE, UM, WE'RE NOT THE CURRENT OWNERS, ONLY THE OWNER CAN GET A COPY OF THE PLANS.

UM, SO WE BASICALLY WENT WITH WHAT WE HAD, WHICH WAS, YOU KNOW, THAT THERE WAS JUST

[02:35:01]

AND, UM, THE ADDITION ABOVE THE TWO CAR GARAGE.

SO WE JUST ASSUMED GET RID OF THE ADDITION, NOT THE GARAGE IF THAT WAS AN ISSUE.

UM, YOU KNOW, AND THEN JUST GETTING MORE FEEDBACK FROM THE BUILDING DEPARTMENT WHEN WE WERE TRYING TO LEGALIZE OR CORRECT ANY OF THOSE COMPLAINTS IN VIOLATIONS.

THAT'S HOW WE FOUND MORE AND MORE ME UNDERSTAND THIS.

THEN WHEN, WHEN YOUR BROTHER WAS BUYING IT, HIS ATTORNEY REQUESTED FROM THE SELLERS ATTORNEY FROM, FROM JUST, IT WAS BROUGHT FROM A FORECLOSURE, THE ENTIRE PROPERTY WAS DILAPIDATED.

YOU COULD BARELY SEE ANYTHING.

THERE WERE SEVERAL VIOLATIONS ON RECORD OF JUST BEING UNKEPT AND THE PROPERTY LOOKING, YOU KNOW, JUST INHABITABLE.

UM, FOR YEARS, FOR YEARS.

SO, UM, IT WAS KIND OF AN AS-IS SALE AND THE ATTORNEY SAID, I MEAN, IT IS WHAT IT IS AT THIS POINT BECAUSE IT'S AS IS AND IT'S A BANK OWNED AND HE ALREADY PUT THE DOWN PAYMENT, UM, YOU KNOW, UP FOR IT.

SO IT WAS EITHER TAKE IT OR LOSE YOUR DOWN PAYMENT AND THEN, YOU KNOW, WE DID GET THE TITLE REPORT AND FIGURED WIDENING THE DRIVEWAY, THAT'S FINE.

THAT CAN BE CORRECTED.

WE'LL JUST, YOU KNOW, UN WIDEN IT.

UM, THE ADDITION ABOVE THE GARAGE, THAT'S FINE.

WE'LL, WE'LL GET RID OF IT IF IT'S REQUIRED.

UM, SO JUST GOING FURTHER AND ASKING SEVERAL TIMES TO SEE A SURVEY OR SOMETHING FROM, YOU KNOW, THE BUILDING DEPARTMENT.

WE, WE DIDN'T GET A SURVEY WHEN WE FIRST REQUESTED ALL OF THE RECORDS.

AND IN FACT, WHEN WE, UM, WANTED TITLE TO, TO CERTIFY IT, UM, WE DIDN'T GET ANY OF THAT UNTIL I WOULD SAY 2019.

UM, ONE PERSON AT THE BUILDING APPOINTMENT, SHE WAS VERY LOVELY, VERY HELPFUL, ACTUALLY HELPED WITH THIS ENTIRE PROCESS, UM, TO GET US WHERE WE ARE.

TOLD US WHAT WE NEEDED TO DO.

SHE WAS ABLE TO FIND THIS SURVEY FROM 2004 THAT WAS AT THE, UM, BUILDING DEPARTMENT.

AND THEN SLOWLY FROM THERE WE GOT JUST OTHER PAPERWORK AND THAT'S WHEN WE FIGURED, LET'S HIRE SOMEBODY TO CORRECT THIS.

LET'S SEE WHAT WE CAN DO TO FIX IT.

WE TRIED TO SELL IT, UM, AS IS SEVERAL TIMES.

NOBODY WANTED TO TAKE THAT ON.

UM, AND THEN WE FIGURED, YOU KNOW, THE, JUST THE FIXING OF THE PROPERTY AND THE WAY THAT IT LOOKS RIGHT NOW, UM, CLEAN AND SELLABLE AND, YOU KNOW, WITH THE GARAGE IT, IT LOOKS GREAT.

I MEAN IT, SOME OF THE THINGS WE HAVEN'T MOVED FORWARD TO REALLY KIND OF FIX AND PAINT AND MAKE IT LOOK BETTER BECAUSE WE DON'T KNOW IF WE WANTED TO SPEND ANY OF THAT MONEY.

IF WE DON'T GET THIS VARIANCE, WE'RE HOPING THAT IT GOES THROUGH BECAUSE WE'LL LOSE THIS PARTICULAR BUYER.

THEY'RE AWARE THAT WE'RE HAVING THIS MEETING TONIGHT.

THEY'RE HOPING THAT, YOU KNOW, IT TURNS OUT POSITIVE FOR THEM AS WELL AS FOR US BY GRANTING THIS VARIANCE.

UM, SO THAT'S WHAT WE'RE HERE FOR TONIGHT AND HOPEFULLY WE GET IT.

DID YOU SEEK TO, TO DO A NEW SURVEY WHEN YOU WERE PURCHASING IT, WHEN YOUR BROTHER WAS PURCHASING IT OR THAT WE DIDN'T HAVE TIME.

WE DIDN'T HAVE TIME TO DO THE SURVEY BECAUSE IT WAS SUCH A FAST CONTRACT TO CLOSE.

UM, AND THEN I THOUGHT THERE WAS A SURVEY, YOU KNOW, OFF RECORD WE WOULD LOCATE IT.

THE TITLE COMPANY TRIED TO LOCATE IT AND THEN WHEN WE ASKED THE SURVEY SURVEY, THEY GAVE US THREE WEEKS TO EIGHT WEEKS TO COMPLETE AND WE NEEDED TO CLOSE IN LIKE TWO.

SO AT THAT POINT WE SAID WE'LL PAY FOR ONE AFTER THE FACT.

'CAUSE IT'S NOT GONNA COME IN TIME ANYWAY, WAY.

ARE THERE ANY COMMENTS FROM ANYONE IN THE AUDIENCE? YES, HELLO, MY NAME IS RON ALAMO.

I'M THE, UH, OWNER OF, UH, TWO MONTANA.

CAN YOU HEAR ME? YEAH, .

HI.

PREVIOUS OWNERS WERE DIGGING OUT THE BACKYARD, WIDENING UP THE PROPERTY, UM, AND THEN ACTUALLY USING IT, UM, MAKING IT SEEM LIKE IT WAS PART OF THEIRS.

UM, ONE OF THE, UM, ISSUES I HAD BROUGHT UP, UH, ONCE BEFORE WITH THE NEIGHBORS WAS THEY WERE ENCROACHING ON OUR PROPERTY.

UH, WE HAD HAD A CONVERSATION NOW THEY WERE, UH, FIVE FEET OVER ON THE DRIVEWAY IN THE BEGINNING ENTRANCE.

UM, PRIOR TO THEM PURCHASING THE PROPERTY, UM, THERE WAS SAID THAT THERE WAS AN AGREEMENT THAT THE PROPERTY LINE WAS TO BE MOVED OVER.

WE WERE NOT AWARE OF THAT.

UM, CONTINUING ON LATER, THE

[02:40:01]

I'VE SUBMITTED PICTURES TO THE, UH, TO THE TOWN HALL.

UM, I CANNOT PULL 'EM UP ON THIS COMPUTER.

I'M ON A DIFFERENT COMPUTER, BUT, UH, I BELIEVE YOU GUYS HAVE, UH, PICTURES OF THE DRIVEWAY, THE BACKYARD, UM, THEIR MARKERS FROM THE, THE SURVEY THEY DID.

MY SURVEY HAS BEEN DONE TWICE.

IT'S, UH, BEEN REGISTERED WITH THE TOWN.

ARE YOU ABLE TO, WHAT HAPPENED? HAVE ACCESS TO THOSE PICTURES.

UH, COULD THE APPLICANTS PLEASE, UH, STOP SHARE FOR A MOMENT? AND, UH, MR. ALAMO, YOU, YOU, YOU'RE SAYING YOU WOULD SUBMIT PHOTOS AND YOU'RE ASKING IF, UH, WE COULD POST THEM FOR YOU? YES, BECAUSE I'M ON A DIFFERENT COMPUTER.

THEY'RE NOT IN THIS SYSTEM.

UM, OKAY.

AND CAROL, DO YOU, UM, ARE, ARE THOSE IN THE DRIVE? YES, I SAVED IT THERE TODAY.

ARE THOSE THAT WE HAVE IN OUR PACKET? I EMAILED IT TO YOU.

UH, I THINK IT WAS TODAY OR YESTERDAY.

I'LL, I'LL TRY AND BRING THEM UP.

AND SIR, IF YOU HAVE ANY ADDITIONAL COMMENTS, YOU CAN MAKE THEM AS I BRING UP THE PHOTOS.

HI.

YES, WE WE'RE AWARE THAT THERE'S A BOUNDARY LINE AGREEMENT AND THE, UM, DOCUMENT THAT I JUST SHOWED YOU SHOWS EXACTLY WHERE THE PROPERTY LINE IS SO WE KNOW WHERE THE PROPERTY LINE IS.

WHEN WE INITIALLY, UM, BOUGHT THE PLACE, MY 90 YEAR OLD FATHER AND MY ELDERLY MOTHER WERE JUST CLEARING A LOT OF THE LEAVES AND THE TREES THAT WERE ON HIS SIDE.

AND HE CAME UP TO HER AND HE SAID, WHY ARE YOU CLEARING MY PROPERTY? AND MY MOM SAID, I'M SO SORRY, I DIDN'T EVEN KNOW THAT WAS YOUR PROPERTY, WHICH IS WHEN I FILED A REQUEST, A FOIL REQUEST FOR THE TOWN BECAUSE THEY DIDN'T HAVE A SURVEY OF THIS PROPERTY FOR HIS SURVEY SO WE CAN UNDERSTAND WHERE THE PROPERTY LINE IS.

SO WE'RE NOT DISPUTING THE PROPERTY LINE.

WHAT WE'RE SHOWING THERE IS WHERE THE PROPERTY LINE IS.

WE'RE NOT DISPUTING THAT WITH HIM.

WE MADE EVERYBODY AWARE, WE MADE THE PURCHASER AWARE THAT THAT IS NOT THEIR PROPERTY AND IT'S THE GENTLEMAN'S AT TWO MONTANA.

SO I DON'T THINK THAT ANYBODY IS DISPUTING THAT WE'RE TRYING TO WORK TO ACTUALLY DELINEATE THIS, WHICH IS WHY THAT'S GOING TO BE CUT AND SEEDED SO THAT HE KNOWS THAT IT'S HIS PROPERTY.

AND THE NEW PURCHASERS ARE FULLY AWARE THAT IT'S THEIR PROPERTY BECAUSE, UM, THEY HAVE THE BOUNDARY LINE AGREEMENT IN THE CONTRACT AND THEY HAVE A COPY OF THE SURVEY SHOWING WHERE THAT IS.

SO THERE'S NO ISSUES WITH, UM, YOU KNOW, WHERE IT IS BECAUSE THEY WERE CLEARING IT, YOU KNOW, I'M SORRY, THEY, WE, NONE OF US WERE AWARE OF WHERE IT WAS.

WE THOUGHT THAT THAT WAS PART OF THIS PROPERTY, BUT, UM, THAT IS JUST SOMETHING THAT'S NOT A DISPUTE RIGHT NOW.

HELLO? DID YOU SHARE THE PROPERTY LINE AGREEMENT WITH HIM? OH, I COULD SHARE IT.

AND THE BOUNDARY LINE AGREEMENT IS SIGNED BY HIM AND THE PRIOR OWNERS, AND THAT'S IN 2009.

AND THAT WAS BROUGHT UP ALSO WHEN I WAS IN THE TOWN WHEN WE SIGNED FOR THIS PROPERTY HERE, WE WERE TOLD THAT THAT DRIVEWAY ENTRANCE WAS ONLY FIVE FEET OVER IN THE HOUSE.

THEY'D NEVER SHOWED US A BLUEPRINT OF THE PROPERTY LINE GOING ALL THE WAY BACK.

SO THAT'S INCORRECT.

AND THEN I HAVE A DISPUTE, WELL, I HAVE YOUR SURVEY HERE.

I CAN SPEAK ONE, ONE PERSON AT A TIME, PLEASE.

I'VE SEEN IT IN IN THE COURT OFFICE ALSO.

I'M GONNA HAVE THAT CHECKED OUT ALSO TO SEE, YOU KNOW, WHAT HAPPENED THERE WITH, UH, THE REALTOR THAT, UH, HELP US PURCHASE THIS PROPERTY.

OH MA'AM, IF YOU COULD PLEASE UNMUTE.

I CAN SHOW YOU THE BOUNDARY LINE AGREEMENT IF EVERYBODY WANTS TO SEE IT BECAUSE I DO HAVE IT IN MY EMAILS.

AND IT WAS ACTUALLY, I BELIEVE, UM, KYLE, I BELIEVE SIR, THE, UM, THE BOUNDARY LINE AGREEMENT WAS IN THE PACKAGE SENT TO THE BOARD.

YES, IT'S YES.

THERE, THERE IS NO ARGUMENT AS THERE IS NO ARGUMENT, BUT YOU SHOULD STAKE OUT THE, THE LINES AND WELL, WE'RE, WE'RE ACTUALLY HAVING, UM, SOMEBODY IS THE PURCHASER IS PAYING FOR A NEW SURVEY.

AND IT'S NOT DISPUTING HIS PROPERTY LINE.

SO HIS SURVEY, OUR SURVEY AND THE BOUNDARY LINE AGREEMENT ALL MATCH.

I DON'T KNOW WHAT THE ARGUMENT IS

[02:45:02]

THEY DON'T WANNA SPEND THAT MONEY UNLESS THEY'RE GOING TO GET THIS PROPERTY.

BUT WE KNOW WHERE THE PROPERTY LINES ARE IN THE DRIVEWAY.

THERE'S LITTLE MARKS, LIKE LITTLE POINTERS AND YOU KNOW, WHEN THE ARCHITECT CAME OVER, HE WAS BASICALLY SHOWING US ACCORDING TO THIS SURVEY.

SO YES, YOU AS THE RED PART THAT YOU SEE IS NOT PART OF OUR PROPERTY, EVERYONE IS FULLY AWARE OF IT.

THE PURCHASER HAS THIS ENTIRE SITE PLAN, WE KNOW IT.

UM, YOU KNOW, I WANNA, I HOPE I MAKE YOU COMFORTABLE TO UNDERSTAND THAT EVERYBODY BE AWARE OF WHERE YOUR PROPERTY LINE STARTS AND WHERE THIS PROPERTY LINE ENDS AS WELL.

CONCERNS ARE WITH REGARD TO WHAT WE WOULD ASK FOR IN ORDER TO PROPERLY, UH, VIEW THIS SO THAT WE COULD MAKE A DETERMINATION.

SO WOULD LIKE YOU TO SEE THE PICTURES TOO.

SO, YOU KNOW, THERE'S A, A TOTAL AGREEMENT.

I SAW THE PICTURES I HAVE, I HAVE IN THE BACKYARD AS WELL BECAUSE I THINK ON, ON THE, THE SITE MAP FOR YOUR PROPERTY, FOR THE GARAGE, IT CAME OUT TO, UH, FIVE TO SIX FEET.

I PUT SEVEN TO EIGHT.

UM, SO THAT'S INCORRECT.

BUT YOU KNOW, AS LONG AS WE'RE ALL ON THE SAME PAGE, YOU CAN'T REALLY CHANGE THE SURVEY OF THIS PROPERTY.

UM, I THINK YOU PUT SEVEN TO EIGHT, BUT IF YOU ACTUALLY LOOK AT OUR SURVEY, IT'S A LOT FURTHER THAN SEVEN TO EIGHT.

IF YOU JUST ALLOW ME TO SHARE ONE MORE TIME WITH EVERYBODY, THIS IS THE SURVEY RIGHT HERE.

NOW HERE'S THE GARAGE AND FROM THE GARAGE TO OUR PROPERTY LINE AT THE END, IT'S WAY MORE THAN SEVEN TO EIGHT FEET.

IT'S THIS WHOLE PART RIGHT HERE.

AND THEN HERE IS WHERE YOUR PROPERTY LINE GOING ALL THE WAY DOWN TO THE DRIVEWAY.

THIS IS, THIS IS BASICALLY THE BOUNDARY LINE OF BOTH OF OUR, YOU KNOW, THE PROPERTIES THAT WE HAVE.

BUT, UM, I DON'T KNOW WHERE YOU GOT, BECAUSE I TOOK A LOOK AT YOUR SURVEY RIGHT HERE AS WELL.

IT DOESN'T REALLY SHOW HOW FAR IN IT GOES AND IT LOOKS LIKE IT MATCHES EXACTLY WHAT WE HAVE AS A PROPERTY LINE RIGHT HERE WHERE IT ENDS.

UM, SO I I DON'T KNOW WHY YOU ARE GOING LIKE SEVEN FEET OR EIGHT FEET FROM THE GARAGE BECAUSE THAT'S NOT ACCURATE.

WELL, 'CAUSE WHEN THAT WHOLE AREA WAS WIDEN OUT BY THE PREVIOUS OWNERS, I MEAN THEY, THEY REMOVED ALL THE, ALL THAT SOIL LIKE FROM WHEN YOU LOOK ON MY PROPERTY ALL THE WAY ACROSS WAS ALL EVEN AT ONE TIME.

SO YOU CAN'T THE TREES AND NOW YOU HAVE AN ISSUE OF ALL THAT FALLING OVER INTO YOUR PROPERTY, RIGHT ONTO THAT STRUCTURE.

OKAY, SO I'M JUST GONNA SHOW YOU RIGHT HERE.

DO YOU SEE THIS LINE RIGHT HERE? DO YOU SEE THIS CIRCLE RIGHT HERE? HERE, LET ME DRAW A CIRCLE.

YES, THIS MATCHES EXACTLY OUR SURVEY RIGHT UP HERE.

SO THAT'S WHERE THE PROPERTY LINE ENDS RIGHT HERE, WHICH I'LL DRAW A CIRCLE.

THAT'S YOUR PROPERTY LINE AND OURS, IT MATCHES.

SO I DON'T KNOW WHY YOU'RE COMING UP LIKE HERE ON THE PROPERTY.

UM, THAT'S NOT CORRECT.

THE SURVEYS MATCH EXACTLY WHERE YOURS, YOU KNOW, ENDS AND WHERE OURS ENDS.

MAYBE YOU WERE UNDERSTANDING A DIFFERENT PROPERTY LINE BUT THE SURVEYS MATCHED.

NOT SURE.

I GUESS WE'LL HAVE TO WAIT TO SEE WHEN IT STATES OUT BECAUSE WAS 78 STAIRCASE GOING STRAIGHT OUT? SO I MEAN, YOU CAN, UM, ROBERT, YOU ARE MORE THAN WELCOME TO BE THERE WHEN, UH, THE SURVEYOR IS PRESENT TO SEE EXACTLY WHERE EVERYTHING IS BECAUSE LIKE I SAID, WE ARE NOT DISPUTING YOUR SURVEY ARE WE'RE NOT DISPUTING ANYTHING LIKE THAT.

I MEAN, WE'RE, WE AGREE THAT THOSE ARE YOUR SURVEY AND OUR SURVEY MATCH AND THAT'S WHERE THE PROPERTY LINE IS.

DO YOU HAVE A DATE OF ? OKAY GUYS, I JUST, I I WANNA UM, TRY AND LIMIT THE BACK AND FORTH UNLESS YOU KNOW, THE CHAIR, THE CHAIR OR THE BOARD, YOU KNOW, WANT THIS TO CONTINUE.

UH, I JUST KIND OF WANT THE QUESTIONS GEARED AND COMMENTS GEARED TOWARDS THE BOARD SO THAT THEY CAN, YOU KNOW, EVALUATE THE PROJECT AND, YOU KNOW, IF YOU GUYS NEED TO MEET SEPARATE FROM THIS AND DISCUSS THINGS, UM, YOU KNOW, MAYBE THERE'S AN OPPORTUNITY FOR THAT, BUT I JUST WANTED DEFER TO THE CHAIRPERSON.

UM, HOW DO YOU BEST WANNA PROCEED? OR DO YOU WANT THIS TO JUST CONTINUE? NO, NO, I, WE DON'T WANT IT TO CONTINUE.

I, WE KNOW WHAT WE'RE LOOKING AT.

THE QUESTION IS WE DON'T HAVE, UM, WELL I WON'T GO INTO THAT.

I WOULD PREFER TO US TO GO ON AND WE WILL ADDRESS WHAT OUR

[02:50:01]

IS THERE ANYONE ELSE IN THE AUDIENCE, MADAM CHAIR I HAD ASKED BEFORE.

I DON'T THINK ANYONE ELSE SAID ANYTHING.

OKAY, GOING ON TO THE NEXT, MOVING ON 2010, ROY AND VIVIN NEWMAN PROPERTY AT 13 SOUTHWOOD PLACE WHITE PLAINS.

GOOD EVENING EVERYONE.

THIS IS THOMAS HANNEY FROM HUDSON ENGINEERING.

UM, WE'RE REPRESENTING THE NEWMAN'S FOR THIS APPLICATION.

UH, YOU GIMME ONE SECOND, I'M GONNA SHARE MY SCREEN.

SO IN FRONT OF YOU TODAY WE HAVE A TWO LOT SUBDIVISION, UM, OF A IRREGULAR SHAPED LOT IN THE R 7.5 ZONING DISTRICT.

UM, WE ARE SEEKING A LOT WITH VARIANCE FOR, WE CURRENTLY HAVE A LOT WIDTH OF 59 FEET WHERE 75 IS REQUIRED IN ORDER TO GO FORWARD WITH THIS SUBDIVISION.

UM, THERE IS NO OTHER CONFIGURATION THAT WOULD ELIMINATE THAT VARIANCE.

UM, SO IT, IT'S ESSENTIAL FOR THIS PROJECT.

UM, ADDITIONALLY, THIS, THIS VARIANCE IS, UM, IN CHARACTER WITH THE NEIGHBORHOOD AS SHOWN.

BEAR WITH ME ONE SECOND.

SO THIS IS THE ENTIRE R 7.5 ZONING DISTRICT.

ALL THE RED, UM, HIGHLIGHTED PROPERTIES ALL HAVE A DEFICIENT LOT WIDTH, UM, FRONTAGE, UH, VARIANCE AS WELL.

THERE'S A TOTAL OF 81 OF THE 156 PROPERTIES, UM, HAD A LOT WIDTH OF LESS THAN 75 FEET.

ADDITIONALLY, WE WERE IN FRONT OF THE PLANNING BOARD AND, UM, THEY PROVIDED US WITH A NEGATIVE DECLARATION PER SECRET AND AS WELL AS A POSITIVE RECOMMENDATION, UM, FOR, FOR YOU GUYS IN FRONT OF THIS BOARD.

UM, I'D BE HAPPY TO GO INTO DETAIL FURTHER.

UM, BUT IF YOU'D LIKE, I COULD TAKE QUESTIONS NOW, WHATEVER YOU WOULD PREFER.

THE ONE OTHER THING I'D LIKE TO POINT OUT ALL OTHER ASPECTS OF THE, THE BUILDING LOCATION MEET, UM, THE VARIOUS ZONING SETBACK REQUIREMENTS.

ARE THERE ANY CONCERNS FROM ANY NEIGHBORS WITH REGARD TO THIS APPLICATION? I AM ASKING THE APPLICANT, ARE YOU AWARE OF ANY? NO, NONE THAT HAVE BEEN BROUGHT TO OUR ATTENTION.

AND ARE THERE ANY IDENTIFIABLE, UH, PLOTS IN THIS SUB, IN THIS SUBDIVISION THAT, UM, PRETTY MUCH EQUAL THE SIZE OF THE LOT THAT YOU'RE TRYING TO BUILD ON? YES.

SO, SO THE SIZE OF THE LOTS ALL ARE, UM, CONSISTENT WITH THE REST OF THE NEIGHBORHOOD? IT, IT IS JUST THE, THE WIDTH IS, WHILE IT IS CONSISTENT WITH THE NEIGHBORHOOD, IT IT DOES NOT MEET THE ZONING REQUIREMENTS.

IT IS, UM, BELOW 75 FEET.

SO IF, AND DO YOU HAVE ANY OTHER MEASUREMENTS FOR ANY OF THE LOTS THAT APPROACH YOUR 50, YOUR 59 FEET THAT YOU HAVE PROPOSED? YES, I BELIEVE SO.

THE PLANNING, THE LETTER FROM THE PLANNING BOARD, UM, THEY ACTUALLY HAD US UPDATE THIS MAP.

I DO NOT UNFORTUNATELY HAVE IT ACCESS TO IT RIGHT NOW.

UM, BUT THE, UM, PLANNING BOARD LETTER THAT WAS SUBMITTED HAS THE LOT WIDTH FOR EACH OF THESE, UM, RED HIGHLIGHTED PROPERTIES.

UM, MANY OF THEM ARE AROUND 60 FEET, UM, BUT THEY VARY FROM, UM, APPROXIMATELY 50 FEET TO, UM, LOW SEVENTIES.

YOU, YOU COULD SEE THE, THESE LOTS OVER HERE OFF OF RUSSELL STREET ARE, UM, SOME OF THE SUBSTANDARD

[02:55:01]

LOTS.

AND THIS YEAR IS THE LOT WE ARE DISCUSSING.

ANY OTHER QUESTIONS FROM THE BOARD? I WAS JUST CURIOUS.

UM, THIS IS CO IS THE SAME OWNER AS THE ADJACENT LOT AND WAS THERE ANY THOUGHT OF MAKING THIS SITE WIDER BY TAKING FROM THE OTHER LOT, OWNED BY THE SAME PERSON? IT LOOKS LIKE ONE LOT.

I CAN YOU YOU MEAN THIS LOT, RIGHT? YES.

SO UNFORTUNATELY DUE TO THE ZONING SETBACKS THERE, THERE'S NO WAY TO ELIMINATE THIS VARIANCE.

UM, AND, AND SUBDIVIDE THIS PROPERTY BECAUSE ONCE WE START CUTTING INTO, UM, THIS PROPERTY HERE, WE WILL BE UNDERSIZED AND THEREFORE WOULD NEED A LOT WITH VARIANCE FOR LOT TWO AS WELL AS A LOT AREA VARIANCE.

UM, WE, WE WOULD BE UNDER THE REQUIRED 7,500 SQUARE FEET, SO WE WOULD THUS NEED TWO VARIANCES.

ANY OTHER QUESTIONS? AND YOUR, YOUR, UM, PROPOSAL FOR THE PORCH IS, IS LITERALLY, UM, CHANGING A COVERED PORCH TO AN ENCLOSED PORCH.

BUT YOU'RE USING THE SAME DIMENSIONS, THE SAME FOOTPRINT.

CAN, CAN YOU ELABORATE THAT? I THINK THAT'S SO, SO THE EXISTING HOUSE, THERE'S NO WORK TO BE, UM, COMPLETED ON THE HOUSE.

OH, THAT'S THE ONLY, THE ONLY WORK THAT WOULD BE DONE ON LOT ONE IS THIS DRIVEWAY OFF OF, UH, JUNIPER HILL ROAD IS GOING TO BE REMOVED.

I THINK THE PORCH IS A DIFFERENT OH, IT IS PROPERTY.

IT WAS IN THIS PACKET.

THAT'S WHY I WAS ASKING LIKE WHERE, YEAH, I THINK IT'S A DIFFERENT ONE.

ANY OTHER QUESTIONS? AND THE HOUSE HERE WILL BE SMALLER.

THE PROPOSED HOUSE WILL BE ABOUT ABOUT 1200 SQUARE FOOT FOOTPRINT, UM, WHICH IS FAIRLY CONSISTENT WITH THE, THE REST OF THE NEIGHBORHOOD.

IF WE GO TO OUR OVERALL MAP, UM, IT'S, IT'S, IT'S FAIRLY CONSISTENT WITH THE, THE REMAINDER OF THE NEIGHBORHOOD BECAUSE FROM THE AERIAL VIEW IT LOOKS MUCH, IT, IT, IT IT'S, UH, IT'S SO HARD TO IMAGINE PUTTING A HOUSE ON IT LABELED THIRD VIEW FROM THE SOUND IN THE AERIAL IMAGES.

YOU HAVE, UM, ON, ON THE, YOU HAVE AN AERIAL IMAGE CALLED THIRD VIEW FROM THE SOUTH, AND THERE ARE SOME DARK LINES, WHICH I ASSUME ARE THE PROPERTY LINES AND IT'S, UM, IT'S A LITTLE BIT HARD TO SEE HOW A HOUSE IN COMPARISON TO ALL THE OTHER HOUSES AROUND IT.

I MEAN, YOU'RE SAYING IT'S CONSISTENT WITH THE OTHER HOUSES AND THAT JUST FROM THE AERIAL VIEW THAT LOOKS, UM, A LITTLE DIFFICULT.

WELL, IN, IN, IN TERMS OF THE, THE FOOTPRINT OF THE HOUSE, IT'S, IT'S VERY SIMILAR TO THE HOUSE ON CURRENTLY ON THE, UM, LOT ONE.

UM, IF YOU LOOK AT THIS MAP, IT, IT REALLY IS VERY SIMILAR TO MANY OF THESE HOUSES, UM, IN THE NEIGHBORHOOD.

IT SHALL BE CONFORMING IN ALL OTHER WAYS.

CORRECT?

[03:00:01]

AS AS SHOWN, EVERYTHING'S, UM, DIMENSIONALLY CONFORMING.

RIGHT? SO YOUR SIDE YARD, SIDE YARD LOT LINES ARE TO BE MET.

AND I GUESS REALLY WHY YOU, YOU ACTUALLY HAVE ENOUGH SQUARE FOOTAGE ON THE PROPERTY IS BECAUSE OF ALL THE, UH, PROPERTY YOU HAVE IN THE BACK OF THE PROPOSED DWELLING.

YEAH, IT, IT'S THE DEPTH OF THE PROPERTY.

CORRECT? YEAH, THE, THE SIDE YARD IS, UH, NINE FOOT ONE, UM, REQUIREMENT IS 10 FOOT.

ANY OTHER QUESTIONS? ANY COMMENTS FROM THE AUDIENCE? OKAY, LET'S MOVE ON.

THANK YOU FOR YOUR TIME.

YOU ARE WELCOME.

CASE 2211 UNG WING PROPERTY ONE 14 FERNDALE ROADS ROSEDALE.

UH, HI, UH, MADAM CHAIRPERSON AND FELLOW BOARD MEMBERS.

UH, MY NAME IS, UH, DOUG HOUSTON.

I AM THE ARCHITECT FOR, UH, THE OWNER OF, UH, ONE 14 FORNELL ROAD.

UH, THE APPLICANT IS PRESENT HERE.

UM, THE PROPERTY IS, UH, AN EXISTING APPROXIMATELY 2300 SQUARE FOOT SINGLE FAMILY DWELLING, UH, 6 0 8 ON AN APPROXIMATELY 7,000 SQUARE FOOT LOT.

UH, THE EXISTING BULK OF THE HOUSE CONSISTS OF AN EXISTING ONE STORY STRUCTURE CONNECTED TO A TWO STORY STRUCTURE AND IN THE REAR YARD A UH, WOOD DECK AND BASEMENT AND PORCH, UH, STRUCTURE.

THIS ENCOMPASSES THE ENVELOPE OF THE BULK OF THE HOUSE.

THE PROPOSAL, UH, THE POST SCOPE OF WORK IS TO ENCLOSE THE EXISTING PORCH TO ITS EXTENT.

UM, THE EXTENTS OF THE ENCLOSURE WILL MATCH THE EXISTING EXTENTS OF THE RAILING, THE POSTS, AND THE ROOF ABOVE.

UH, THIS SITS IN A, UH, R 75 ZONING DISTRICT, UM, WHICH HAS A MINIMUM SIDE YARD SETBACK OF 10 FEET.

THE EXISTING HOUSE SIDE YARD IS APPROXIMATELY NINE FOOT, ONE INCH.

UM, AND THAT PROPOSED, UH, ENCLOSURE, UM, THERE'S BASICALLY AN 11 INCH BY SIX FOOT, SEVEN INCH, UH, AREA OF NON-COMPLIANCE THAT WE ARE SEEKING A VARIANCE FOR.

UM, THE PROPOSAL DOES NOT MINIMIZE THE EXISTING SIDE YARD, UH, WHEN ENCLOSED THE NINE FOOT ONE SIDE YARD WILL REMAIN.

UM, AS I MENTIONED IT, IT'S BASICALLY ADDING ADDITIONAL SQUARE FOOTAGE, UH, OF ABOUT, UH, SEVEN SQUARE FEET OF NON-COMPLIANCE ON THE RIGHT SIDE OF THE PORCH.

UM, SO THE FIRST VARIANCE WE'RE LOOKING FOR IS A SIDE YARD VARIANCE TO BASICALLY CONTINUE THE EXISTING YARD.

UM, THE SECOND VARIANCE WE'RE SEEKING IS, UM, THE COMBINATION OF TWO SIDE YARDS, WHICH IS A MINIMUM OF 22 FEET.

UM, THERE IS NO WORK PROPOSED ON THE SOUTH SIDE OF THE HOUSE.

UM, AND THE PROPOSED WORK ON THE NORTH SIDE OF THE HOUSE AGAIN MAINTAINS, UH, NINE FOOT ONE.

SO IN COMBINATION, UH, WE'RE NOT CHANGING THE EXISTING TOTAL SIDE YARD.

TWO OF 'EM, IT'S CURRENTLY 20 FOOT FOUR, IT'LL REMAIN 20 FOOT FOUR.

UM, THE THIRD VARIANCE IS JUST AN ACKNOWLEDGEMENT OF AN INCREASE OF AN EXISTING NON-CONFORMING STRUCTURE.

UM, NON-CONFORMING IN THE SENSE OF YARDS.

THE ADDITIONAL SQUARE FOOTAGE WILL STILL BE IN COMPLIANCE WITH THE TOTAL PERMITTED GROSS FLOOR AREA OF THE STRUCTURE.

UH, AND ESSENTIALLY, YOU KNOW, THE ENCLOSURE IS NOT ADDING ANY ADDITIONAL BULK TO THE AIR SPACE IN THE AREA BECAUSE OF THE EXISTING ROOF, UH, AND CELLAR AREA.

UM, THAT BULK OF THE HOUSE IS ESSENTIALLY REMAINING THE SAME.

ANYBODY HAVE ANY QUESTIONS? SO THE HOUSE WAS ALREADY NON-CONFORMING,

[03:05:01]

UH, AND THEN THE OTHER ONE THAT'S AFFILIATED SORT OF AN ANCILLARY, UH, REQUIREMENT IS THE COMBINATION OF BOTH OF THEM.

UM, SO THIS, THIS LITTLE CORNER ON THE BOTTOM LEFT IS WHERE THE NON-CONFORMANCE IS ON THE SOUTH SIDE.

AND THEN ALL ALONG THE SIDE OF THE HOUSE HERE, UH, IS WHERE THE NON-CONFORMANCE IS ON THE NORTH SIDE.

SO BACK IN 1967, THAT WAS WHEN THE NON-CONFORMANCE WAS, UH, YOU GOT THE ANCE FOR THE NON-CONFORMANCE PERFORMANCE.

UM, TO BE HONEST WITH YOU, I THINK, UH, CAROL AND I HAD MENTIONED THAT CAROL, I DON'T KNOW IF YOU HAD FOUND ANY ADDITIONAL INFORMATION ON CASE NUMBER 59 DASH 67.

I DON'T THINK WE'VE TOUCHED BASE SINCE YOU IDENTIFIED THAT, BUT JUST WERE CONFUSED EXACTLY WHAT THE VARIANCE APPLICATION WAS FOR.

UM, I DIDN'T FIND ANY OTHER INFORMATION.

I, BUT I BELIEVE I FORWARDED THE DECISION YES, YOU DID.

TO THE BOARD.

I DON'T KNOW MUCH ABOUT THAT DECISION, SO I'LL, I'LL ANSWER WHAT I CAN.

MAYBE YOU CAN TELL ME WHAT THE DECISION WAS.

, UH, BASICALLY FOR THE YARD SIT BACK, IS IT AN APPROVAL AND A TOTAL AND A TOTAL TWO SIDES? YES, IT'S AN APPROVAL.

I WOULD IMAGINE THE ONE STORY PORTION WAS PROBABLY AN ADDITION.

UM, AND SO THAT'S PROBABLY WHAT RESULTED IN THAT REQUEST FOR A VARIANCE, UH, THE ONE STORY ADDITION ON THE SOUTH SIDE.

I HAVE NO MORE QUESTIONS.

ANY OTHER QUESTIONS? ANYONE IN THE AUDIENCE HAVE ANY COMMENTS ON THIS MATTER? OKAY, THANK YOU.

IT'S, IT'S PRETTY STRAIGHTFORWARD.

AND THE LAST CASE WE HAVE FOR TONIGHT'S AGENDA IS CASE 2212.

DARREN QUATRO, 26, UH, HELVIN ROAD.

GOOD EVENING.

THIS IS, UH, EDWARD MORAN.

I'M AN ENGINEER FOR THE APPLICANT.

I'M WASTE TOO MUCH OF YOUR TIME.

WE HAVE A, LET'S SEE HERE.

UH, JUST PULL UP THE PLAN.

THIS IS AN EXISTING SINGLE FAMILY DWELLING.

THEY WOULD LIKE TO PUT AN IN-GROUND POOL AND, UH, A SMALL PATIO AROUND THE POOL.

IT REQUIRES A VARIANCE FOR, UH, LET'S SEE, IMPERVIOUS SURFACE COVERAGE.

UH, 25% IS PERMITTED AND THEY'RE PROPOSING 29% DUE TO THE POOL AND PATIO, AND IT'S AS SIMPLE AS THAT.

ARE THERE ANY, UH, COMMENTS FROM NEIGHBORS? NOT THAT I'M AWARE OF.

I DON'T BELIEVE SO.

I DIDN'T GET ANYTHING.

THEY USUALLY HOPE TO SHARE THE POOL.

I THINK .

UM, I ALWAYS FOUND IT FUNNY AND STRANGE THAT A SWIMMING POOL CONSIDERED A NON, UM, AN IMPERVIOUS SURFACE UNTIL, I THINK IT WAS ANTHONY WHO HAD EXPLAINED IT TO ME.

? OH, I CAN ONLY TELL YOU HOW IT'S CLASSIFIED IN BOTH.

SWIMMING POOLS ARE NOT CONSIDERED IMPERVIOUS.

THEY'RE CONSIDERED IMPERVIOUS BECAUSE ALL THE WATER, THEY'RE EXEMPT FROM THAT.

THE, THE ADDITION, THE IMPERVIOUS, THE ADDITION OF THE IMPERVIOUS IS THE FAVORS AROUND.

SO BY ZONING CODE, THE ACTUAL WATER IS EDGE OF THE SWIMMING POOL IS EXEMPT FROM THE IMPERVIOUS CALCULATION.

OH.

OH, THAT ANSWERS MY QUESTION.

BUT IT CATCHES RAIN WATER, SO IT DOESN'T HAVE ANYWHERE TO GO.

DOESN'T THAT MAKE IT IMPERVIOUS? EVENTUALLY

[03:10:02]

THERE ARE SOME, ANY OTHER QUESTIONS? NO, NO.

SO, UM, I'M READY TO ADJOURN.

UNLESS THERE'S SOME OBJECTIONS.

SO THAT, AND DO SOME DELIBERATIONS THIS EVENING.

AND TO JUST TO REPEAT, YOU'RE WELCOME TO LISTEN IN, BUT NOT TO PARTICIPATE OR MAKE ANY COMMENTS AT THAT TIME.

WE'LL TAKE A SHORT BREAK.

FIVE MINUTES.

READY? RECORDING IN PROGRESS.

STEVE, YOU'RE ON MUTE THERE.

HI, THIS IS SHAUNA.

I'M, I'M ON NOW, BUT I'M GONNA UNFORTUNATELY HAVE TO GET OFF IN ABOUT HALF HOUR OR SO.

THANKS FOR LETTING US KNOW.

I'M, I'M IN CALIFORNIA ON VACATION, SO .

GOTCHA.

SHAUNA, THIS IS A PORTION OF THE MEETING WHERE THE ZONING BOARD DELIBERATES AMONGST THEMSELVES, SO, UM, WHEN YOU SIGN OFF, WE'LL UNDERSTAND.

WELL, THERE'S ONE OTHER ISSUE WHEN, FIRST OF ALL, WELCOME SHAUNA, THIS IS ED LIEBERMAN, UH, COUNSEL TO THE BOARD.

YOU WERE NOT PRESENT FOR THE FIRST UH, CASE, I DON'T BELIEVE.

SO YOU PROBABLY SHOULDN'T BE DELIBERATING ON IT ANYWAY.

I'LL BE RIGHT BACK.

THAT DOESN'T MEAN YOU CAN'T LISTEN, RIGHT? TRUE.

SO I ASSUME THERE'S NO OBJECTION TO 2111 BEING, UH, PERMITTED TO WITHDRAW.

THAT'S LAUREL STREET.

NO OBJECTION.

MOVING ON.

NEXT IS, UH, THE MARKET, ANYTHING IN PARTICULAR ABOUT WHAT WE HEARD TONIGHT THAT, UM, HAS IMPRESSED ANYONE AS TO HOW WE SHOULD VOTE? WELL, THERE MAY BE MUTED.

NO, THERE MAY BE SOME LEGAL ISSUES AND WE NEED TO, I'M SORRY, CLARIFY.

WE, WE, WE MAY NEED TO CLARIFY THE SECRET SITUATION AS WELL.

SO MAYBE GARRETT SHOULD EXPLAIN THE RAMIFICATIONS.

ON THE SECRA.

UM, HERE'S, HERE'S MY RECOMMENDATION.

UM, THERE'S, THERE'S TWO WAYS THAT, THERE'S TWO ACTIONS THAT THE ZONING BOARD HAS BEFORE IT.

UM, NUMBER ONE IS WHETHER OR NOT, UM, YOU BELIEVE THAT, THAT THIS USE, UH, IS, IS, IS PERMITTED.

UM, AND THE, THE BUILDING INSPECTOR HAS OPINED OTHERWISE AND INDICATED THAT IT NEEDS A USE VARIANCE.

UH, HOWEVER, IF YOU WERE TO, UH, DISAGREE WITH THE BUILDING INSPECTOR AND AGREE WITH THE APPLICANT ON THAT INTERPRETATION QUESTION, UM, THERE'S REALLY NO, UH, SEEKER ACTION OF THE ZONING BOARD.

AND THAT WOULD BE YOUR DETERMINATION, AND THEN THAT WOULD BE THE END OF YOUR ROLE IN THIS PROCESS.

UM, IF YOU DON'T AGREE WITH, UH, IF YOU AGREE WITH THE BUILDING INSPECTOR AND DEEM THAT THE PROJECT DOES NEED A USE VARIANCE, UH, MY RECOMMENDATION WOULD BE THAT THIS BOARD, UH, DECLARES ITS INTENT TO BE LEAD AGENCY, UM, FOR THE PURPOSES OF SEEKER, AND WE WOULD NOTIFY THE PLANNING BOARD AND HAVING USE VARIANCE JURISDICTION THAT MY RECOMMENDATION WOULD BE, UH, IT IS APPROPRIATE FOR THE ZONING BOARD TO CONSIDER THAT.

SO I THINK UNDER ANY SCENARIO, IT MAY MAKE SENSE TO DECLARE INTENT TO BE LEAD AGENCY.

UM, AND THEN SEPARATE FROM THAT YOU CAN FLESH OUT WHAT YOU'RE, UH, WHERE YOU'RE LEANING ON, ON EITHER OF THOSE TWO ASPECTS.

CONCERNED, AND THEREFORE THERE, IT, IT, IT DOESN'T MAKE SENSE FOR IT TO, TO DECLARE ITSELF LEAD AGENT, THERE'S LEAD AGENCY.

I'M NOT SURE THAT THAT'S ACCURATE BECAUSE WHAT SUPPORTS, WHAT'S THE PROBLEM THEN? GO AHEAD.

IF, IF THE ZONING BOARD WERE TO, AND THIS IS A LEGAL ISSUE, WHICH REALLY SHOULD BE DISCUSSED IN, IN ATTORNEY CLIENT, BUT, UM, THE WAY YOU JUST EXPLAINED IT IS IF THE ZONING BOARD DECIDES THAT THEY DON'T NEED A USE VARIANCE, THEN THERE'S NOTHING FOR THE ZONING BOARD TO DO.

AND THEREFORE, AS FAR AS SEEKER IS

[03:15:01]

RIGHT, RIGHT.

I JUST DON'T, IF, IF YOU'RE UNSURE OF THAT AND YOU NEED MORE TIME, I THINK IN THE INTEREST OF, UM, NO HARM IN DECLARING LEAD AGENCY INTENT ON THE PROSPECT OF A POTENTIAL USE VARIANCE, UH, I WOULD RECOMMEND THAT THE BOARD GO AHEAD AND MAKE THAT.

AND THEN IF YOU SUBSEQUENTLY, YOU KNOW, DETERMINE, UH, YOU KNOW THAT THE SITE DOES NOT NEED, THE PROJECT DOES NOT NEED TO USE VARIANCE, YOU COULD SIMPLY WITHDRAW THAT INTENT.

UH, YOU COULD WITHDRAW YOUR INTENT.

WELL, THE ZONING BOARD MIGHT BE IN ITS POSITION TONIGHT TO DECIDE WHETHER THEY AGREE WITH THE BUILDING INSPECTOR OR NOT.

SO WHY DON'T WE, UM, GO AHEAD AND LET LET THE BOARD PROCEED AND AMONGST THEMSELVES AND ASK QUESTIONS AND, AND I HEAR YOU.

WELL, THE FIRST NOTE THAT I WROTE DOWN WAS I DON'T UNDERSTAND WHY THERE WAS EVEN A NEED FOR USE VARIANCE.

SO I GUESS THAT MEANS I DO NOT AGREE WITH THE BILLING INSPECTOR.

SO I GUESS THAT THE, IN READING THE DOCUMENTATION THAT I WAS GIVEN, THE REASON WHY IT WAS PUT OVER TO THIS MONTH WAS THE NEED FOR ADDITIONAL INFORMATION.

SO DOES ANYONE ON THE BOARD FEEL THAT THAT INFORMATION WAS PROVIDED TO THEM? WELL, THAT, THE INFORMATION WE WANTED REGARDING THE OTHER PLACE OTHER THAN THAT THEIR OTHER FARM UPSTATE, NOT UPSTATE, BUT FOR THE NORTH.

YEAH, FOR THE NORTH, YEAH.

BUT OTHER THAN THAT, I DON'T SEE IF THERE WAS ANY, I, AND WE GOT THE TRAFFIC STUDY YEAH.

PARKING ALSO.

WE HAD ASKED QUESTIONS ABOUT PARKING.

THEY PROVIDED THAT.

UM, BUT WITH ALL DUE RESPECT, NONE OF THOSE ITEMS HAVE ANYTHING TO DO WITH THE ISSUE.

THE LEGAL ISSUE.

YES, YOU'RE CORRECT.

ED, I'M UN UNLESS YOU WERE GONNA PUT THIS OVER, I WOULD SUGGEST A FIVE MINUTE, UH, ATTORNEY-CLIENT, UH, SESSION TO EXPLAIN THE OPTIONS THAT ARE AVAILABLE TO YOU AND LEGAL ISSUES IN INVOLVED MOVED THAT WE GO TO EXECUTIVE SESSION.

I SECOND IT.

AYE I'M NOT GOING, BUT, OKAY.

ALL RIGHT, KAREN.

YES, I HAVE, UM, QUITE A BIT OF CLICKING TO DO HERE.

UM, SO, UH, CHRISTIE, I BELIEVE YOU'RE A COHOST AS WELL.

IF YOU COULD, UM, ASSIST ME IF YOU DON'T MIND AND PUT, UH, NON, UH, Z B A MEMBERS INTO THE WAITING ROOM IF YOU HAVE THAT CAPABILITY.

SO ESSENTIALLY YOU GO TO, UM, DO YOU KNOW HOW TO DO THAT? YEAH, I SEE.

I THINK WE'LL WE'LL BE DONE IN MORE OR LESS.

THANK YOU EVERYONE FOR YOUR PATIENCE THERE.

UM, GEORGE, I'M GONNA RESUME RECORD AND WE'RE GONNA CONTINUE THE DELIBERATION RECORDING IN S ALL RIGHT.

MOVING ON TO OUR NEXT CASE THAT WE ARE CONSIDERING TONIGHT, WHICH IS THE PROPERTY AT, UM, SIX, I'M SORRY, AT, UH, PLACE.

OH, DON'T WE HAVE TO DECLARE, UM, 2204.

EVE, YOU WERE ON, WE'RE ON 2204 NOW.

HAVE WE AGREE OR DISAGREE WITH THE BUILDING INSPECTOR'S DETERMINATION? I AGREE.

2204.

I'M GONNA GET SOME SLEEP THIS WEEK.

UM, DO WE HAVE, UH, A STRAW VOTE WITH REGARD TO WHETHER OR NOT WE ARE,

[03:20:01]

AGREE, AGREE, AGREE.

ALSO, JUST JUST FOR THE RECORD, BY AGREEING, YOU ARE SAYING THAT THE APPLICANT DOES REQUIRE A USE VARIANCE.

IS THAT CORRECT? THAT IS CORRECT, YES.

IF YOU ARE, IF THAT IS YOUR DETERMINATION THEN ON ADVICE OF, UH, THE PLANNING DEPARTMENT, UH, YOU SHOULD DECLARE AND SO AS NOT TO DELAY THIS, UH, APPLICATION, UH, YOU SHOULD DECLARE YOURSELF, UH, TO BE YOUR INTENT TO, UH, TO ACT AS LEAD AGENCY FOR SEEKER PURPOSES.

I THINK YOU PROBABLY SHOULD HAVE A SECOND, UH, MOTION IN ORDER TO DO THAT.

RIGHT? OKAY.

YEAH, THAT WOULD BE BY VOTE.

THANK YOU, ED.

SO WE'RE DECLARING OUR INTENT.

AND THAT GIVES, UH, INVOLVED AGENCIES, OTHER INVOLVED AGENCIES, 30 DAYS TO OBJECT.

WHERE ELSE ARE WE? SO THAT TAKES CARE OF THAT ONE.

DID YOU HAVE THE MOTION? NO.

OH, I THINK THAT'LL BE, UM, AT THE, UH, WHEN WE GO BACK ON RECORD WITH THE SONOGRAPHER, IT'S GONNA BE FRONT, RIGHT? TRUE.

UM, NEXT IS, UH, THE PROPERTY AT, AT, UH, CLARINET PLACE, WHICH IS THE, GOT A NEGATIVE DECLARATION FROM PLANNING.

THEY INDICATED TWO OTHER HOUSES ON UNDERSIZED LOTS.

THE FLOODING WAS THE BIG CONCERN THAT THE NEIGHBORS HAD THE SEWER LINE ROCKS IN THE WHATEVER.

UM, ANY DISCUSSION ON THIS? ANY THOUGHTS? UM, I, I'LL JUST SAY THAT I THINK I, I THINK IN TERMS OF WHERE THIS LOT IS LOCATED, THERE, THERE ARE MAYBE TWO HOMES THAT HAVE, UM, THIS, YOU KNOW, REDUCED FRONTAGE AND, AND MAYBE ONLY ONE HOME THAT'S, UM, UNDERSIZED IN TERMS OF THE ENTIRE LOT AREA.

YOU KNOW, SOME OF THE LOTS DO HAVE A SMALLER FRONTAGE, BUT THEY AT LEAST, YOU KNOW, ARE OVER 7,500 SQUARE FEET.

UM, WHICH I THINK THIS IS, CAN BE DISTINGUISHED FROM THE ONE LATER ON DOWN THE AGENDA WHERE MANY, MANY OF THE HOMES IN THAT NEIGHBORHOOD ALL HAVE 60 FOOT FRONTAGES AND THAT LOT IN THE OTHER CASE ALSO HAS SUFFICIENT LOT AREA, WHEREAS THIS ONE IS DEFICIENT IN BOTH.

UM, AND JUST THE FACT THAT IT WAS PART OF THE WHOLE BIGGER LOT ABUTTING IT, UM, IN THE WAY THAT IT WAS SUBDIVIDED.

I, I HAVE A LOT OF PROBLEMS WITH THIS ONE.

LIKE, I HAVEN'T SEEN ANY PICTURE OF THE HOUSE.

I, I DON'T KNOW HOW THEY'RE FITTING A HOUSE WITH THAT EASEMENT.

UM, YOU KNOW, THE LOT AREA, THE ACTUAL BUILDABLE LOT AREA IS REALLY REDUCED.

UM, THEY'RE GONNA HAVE TO BUILD A VER I, I DON'T KNOW THAT.

I JUST, I HAVE A BIGGER PROBLEM WITH THIS ONE THAN THE ONE, YOU KNOW, FURTHER DOWN THE AGENDA JUST IN TERMS OF IT REALLY WILL BE A VERY DIFFERENT, SMALLER SIZE PIECE OF PROPERTY THAN THE REST OF THE, THE LOTS IN THE NEIGHBORHOOD.

CHRISTIE.

HAD TO BE EVEN SMALLER TO GET AWAY FROM THE SEWER EASEMENT.

WELL, UH, THERE WAS ONE COMMENT THAT WAS MADE BY MR. GUPTA THAT, UM, I JUST WANTED TO CLARIFY, WHICH WAS HE WAS INTIMATING THAT BECAUSE OF THE SEWER EASEMENT THAT THE HOUSE HAD TO BE EVEN FURTHER AWAY FROM THE DOTTED LINE THAT IDENTIFIED THE EASEMENT, RIGHT? BECAUSE OF FAIR, I GUESS MAYBE THE SEWER LINE WAS THERE, BUT IN FACT THE SEWER LINE, THE ACTUAL SEWER IS IN THE MIDDLE OF THE EASEMENT.

SO YOU HAVE AN EQUAL AMOUNT OF SPACE ON THE LEFT AND THE RIGHT OF THE SEWER LINE.

SO GOING RIGHT UP TO THE DOTTED LINE OF THE EASEMENT IS NOT THE PROBLEM THAT MR. GUPTA WAS, UM, MAKING IT SOUND LIKE THAT THE HOUSE

[03:25:01]

MM-HMM.

WHERE IN FACT, THAT'S NOT THE CASE.

NO, I UNDERSTAND THAT.

I, I, EVEN IF THIS DIDN'T HAVE A SEWER EASEMENT, I WOULD HAVE A PROBLEM WITH THIS LOT , REALLY? UM, I, I KNOW THIS IS UNUSUAL FOR ME, BUT I, I ACTUALLY DON'T HAVE NECESSARILY A PROBLEM WITH THIS LOT.

I THINK IT'S A PROBLEM LOT TO BUILD ON, BUT GIVEN WHAT WAS, WHAT WAS RAISED HERE AS THE CONCERNS, I DON'T THINK THAT THEY FALL WITHIN OUR PURVIEW.

I THINK THE TOWN IS ABLE TO MANAGE WHAT CAN AND CAN'T BE BUILT AND WHERE IT CAN AND CAN'T BE BUILT.

UM, I DO SEE SOME BENEFIT TO DOING SOMETHING ABOUT THE WATER BECAUSE I'M IN A SITUATION WHERE I HAVE A HORRIBLE WATER PROBLEM.

UM, AND I CAN SEE THAT THERE IS SOME BENEFIT TO THE NEIGHBORHOOD BECAUSE I AM NOT, YOU KNOW, I, I, I KNOW THAT THIS IS SOMETHING THAT THEY PLAN ON FIXING TO A CERTAIN EXTENT, BUT WITHOUT GETTING INTO TOO MUCH DETAIL, WATER FINDS DIFFERENT WAYS TO GO WHEN IT CAN'T GO WHERE IT WANTS TO GO.

SO YOU CAN PLAN TO HAVE IT FIXED IN ONE AREA AND YOU FIND OUT THAT IT'S SOMEPLACE ELSE.

SO I, I, I REALLY KNOW THAT IT IS AN UNDERSIZED LOT.

I WOULD AGREE.

AND THERE'S ONLY ONE OTHER HOUSE THAT PERHAPS FALLS CLOSE TO THIS, BUT WE ALSO ARE TO SOME EXTENT, GETTING AT A POINT WHERE WE DO NEED HOUSING.

AND THE LOT IS NOT REALLY ATTRACTIVE FOR THE AREA THE WAY IT IS.

NOT THAT THAT'S, YOU KNOW, ANYTHING TO RELY UPON, BECAUSE OBVIOUSLY THEY'RE REQUIRED TO KEEP IT CLEAN AND, YOU KNOW, BUT THAT'S, THAT'S JUST WHERE I AM WITH IT.

WELL, THERE'S A DIFFERENCE BETWEEN IT BEING CLEANED AND BEING IMPROVED.

TRUE.

AND MY, MY FEELING IS THAT, UM, THE ARCHITECT DID IT A VERY GOOD JOB IN A CHALLENGING SITUATION, AND I ALREADY MADE MY COMMENTS ON THE RECORD, UM, ABOUT, YOU KNOW, NEW HOMES.

THESE, THESE DAYS HAVE TO MEET MINIMUM REQUIREMENTS FOR, UH, DRAINAGE, IMPERVIOUS SURFACES AND, AND THE LOCK.

SO, UM, I BELIEVE THAT IT WOULD DEFINITELY BE AN IMPROVEMENT THAN WHAT'S CURRENTLY THERE.

ANY OTHER COMMENTS? LET'S TAKE A STRAW VOTE UNLESS YOU GUYS WANNA STAY HERE FOR THE NIGHT.

I, I BELIEVE SHAUNA WAS ON WHEN THAT CASE WAS BEING, OR, UH, PRESENTED.

AM I CORRECT, JONNA? I I WAS THERE JUST FOR THE ENDING OF IT, UH, THE LAST PART OF MR. GUPTA'S, UM, CONVERSATION.

SO I REALLY DON'T FEEL LIKE I HAVE A, A, A GOOD ENOUGH UNDERSTANDING OF IT.

I KNOW YOU DO.

WAITING FOR THOSE WHO ARE BEING QUIET AT THIS POINT.

WE'RE OKAY.

OH, OH.

I, OH, I, I ALREADY SAID I AGREE WITH CHRISTIE.

UM, YOU KNOW, IF WE'RE GONNA CHANGE AS A BOARD, 'CAUSE I ALWAYS REMEMBER, UM, UH, I, I FORGET THEIR NAMES.

UM, UH, THE ONE THAT I MENTIONED BEFORE WITH, HE OWNED BOTH LOTS AND HE TRIED TO SUBDIVIDE IT, AND HE NEEDED THE VARIANCE, AND WE TURNED THEM DOWN AND ENDED UP SELLING TO THE ONE GUY, AND HE CAME, HE CAME IN TO US FOR THE VARIANCE.

UM, THAT WAS PRETTY CLEAR.

IT WAS LESS OF VARIANCE THAN THIS.

UM, IF WE CHANGED AS A BOARD, YOU KNOW, I'M ALWAYS OPEN TO CHANGE, BUT I AGREE WITH WHAT CHRISTIE SAID.

AS I SAID EARLIER, THAT'S, THAT'S MY POSITION.

AND I'M A NO WRITING AND DYING WITH YOU.

CHRISTIE, , .

I'M A NO.

SO WE HAVE THREE IN FAVOR AND TWO AGAINST.

DO WE WANNA, DOES THAT WORK? DO I? NO, NO, NO, NO, IT DOESN'T.

WHERE'S THE, WHO'S THE THIRD IN FAVOR? YOU'RE RIGHT.

ME, DIANE.

OH, I DIDN'T HEAR, I DIDN'T HEAR YOU SAY YOU WERE IN FAVOR.

SO I THINK WE, RATHER THAN WASTE MORE TIME, WE MIGHT AS WELL PUT IT OVER AND, UH,

[03:30:01]

DON'T WAIT.

DO YOU NEED ME? TECHNICALLY, IF YOU DON'T GET FOUR, IT'S DENIED.

SO YOU DO HAVE A CHOICE.

LET'S SEE WHAT, WHAT WILLIAM WILL SAY IF HE'S HERE NEXT MONTH.

WELL, THAT'S WHAT I'M SAYING.

YOU HAVE A CHOICE AND SHAUNA CAN, CAN READ, NOT GONNA READ THE RECORD.

RIGHT, RIGHT.

SO, RIGHT.

SO YOU, YOU CAN EITHER LET IT GO AS IS AND IT'S A DENIAL, OR YOU CAN, YOU CAN, UH, ADJOURN IT FOR ALL PURPOSES.

WE CAN ADJOURN IT.

LET SHAUNA READ THE RECORD.

WHAT WAS THE ADDRESS ON THIS ONE? HOLD ON, LET ME, LEMME JUST SEE IF I CAN'T, CLARIN DIDN'T, I DID, I DID READ THE FILE.

SO LET ME, LET ME JUST SEE IF I CAN, UM, PULL IT UP REAL QUICKLY ON WHAT I WROTE TO MY, THE NOTES I GAVE ON MYSELF.

OH, YOU'LL GET THE TRANSCRIPT FROM US.

UH, OKAY.

SO WE'LL PUT IT OVER.

YEAH, YOU'LL GET THE TRANSCRIPT AND GO THROUGH IT.

SO, UM, I'M, I'M ACTUALLY GETTING OUT OF THE CAR, UH, TO WHERE I'M GOING.

IF, IF I COULD JUST BEFORE I LEAVE, MAKE ONE COMMENT ON, UM, I, I WAS VERY MUCH, UM, CONCERNED WITH WHAT THE GENTLEMAN FROM THE PARKING GARAGE SAID ABOUT THE BUBBLE AND THE SNOW.

AND, UM, IN PARTICULAR, WHAT THEY DIDN'T EVEN MEN MENTION WAS THAT, UM, THIS GUY, IT'S $25 FOR FIVE MINUTES OR 20 MINUTES OR TWO HOURS.

UM, SO, UM, THEY DIDN'T EVEN ENCOUNTER FOR THE FACT THAT IF YOU GO, YOU KNOW, THE HEAT FROM THE TENNIS WILL MAKE THE SNOW SLIDE DOWN REALLY CARE QUICKLY.

AND I THINK IT COULD BE VERY DANGEROUS IF THERE'S ONLY SIX FEET IN THAT ONE LITTLE TROUGH.

I DON'T KNOW IF YOU COULD HEAR ME ON THAT.

WE HEARD YOU.

SO THAT, THAT WAS JUST ONE THING I WANTED TO SAY THAT I FELT KIND OF STRONG ON THAT JUST, I JUST HAD VISIONS OF THAT BEING A VERY DANGEROUS SITUATION.

SO CLOSE TO THE PARKING GARAGE WITH THAT SIX FOOT BARRIER THAT'S SO STEEP AND EVERYTHING ELSE.

BUT AGAIN, SHAUNA, I LOOK AT IT IN THE SAME VIEW OF THAT THAT'S SOMETHING THAT THE TOWN ENGINEERS OR THE BILLING DEPARTMENT WOULD HAVE TO, YOU KNOW, OPINE ON AND DECIDE HOW IT SHOULD BE DONE.

IT'S NOT REALLY SOMETHING THAT'S, WE, YOU KNOW, I I I THINK THAT WE SHOULD, YOU KNOW, MAKE A DECISION ON, TO BE HONEST.

THAT WAS JUST, YOU KNOW, ONE OF MY BIG CONCERNS.

YEAH, NO, I UNDERSTAND.

SO, ALL RIGHT.

I'M SORRY I CAN'T STAY FOR THE REST.

YOU GUYS ARE AMAZING.

I REALLY AM INSPIRED BY YOU, .

SAFE TRIP.

A SAFE TRIP.

WAIT, WE'RE JUST DOING THIS IN YOUR HONOR.

YOU KNOW WHAT, THAT, YOU KNOW WHAT THAT MEANS.

THAT MEANS SHE WRITES EVERY DECISION NEXT MONTH, .

AND THEN ALSO, WE'LL, UH, REVISE THE DENIAL THERE ON THIS ONE AS WE PREVIOUSLY, UH, HAD MENTIONED.

ALBANA AT, UH, LAWTON.

THIS IS, IS THE NONCONFORMING TWO FAMILY.

OH, YEAH.

SO EITHER THAT'S THE QUESTION.

THEY WANT US TO EITHER APPROVE IT AS A TWO FAMILY, OR THEY WANT US TO SEE IF SHE QUALIFIES FOR A USE VARIANCE.

I, I DON'T SEE, I DON'T SEE THE YOUTH VARIANCE ARGUMENT TO BE HONEST.

I SEE IT AS A TWO FAMILY AND HE LAID IT OUT.

YEAH, I AGREE.

NON-CONFORMING, I ASSUME.

I, I HAVE TO SAY THAT, UM, I WAS IN THAT HOUSE OVER 50 YEARS AGO AND IT WAS A TWO-FAMILY HOUSE.

OH, .

THERE WE GO.

WERE YOU IN A NURSERY AT THAT TIME? ? NO.

I HAD CHILDHOOD FRIENDS WHO LIVED IN THAT HOUSE AND IT'S NOT THE ONLY HOUSE ON COLUMBIA IN THAT AREA.

THAT'S A TWO FAMILY HOUSE.

SO SINCE YOU HAVE SUCH FAMILIARITY WITH IT, DIANE , UH, SO HOW, I'VE NEVER DONE ONE WHERE IT'S A TWO FAMILY HOUSE.

I'LL HELP YOU OUT.

I'LL, I'LL TAKE, IS IT THE SAME? I'LL TAKE THIS ONE.

OH, ROWAN SAYS HE'S GONNA DO IT.

YEAH, I'LL TAKE ONE.

I'LL RELIVE MEMORIES.

[03:35:12]

MAYBE LATER I'LL ASK.

ALRIGHT, NEXT CASE.

NEXT IS SCARSDALE, SCARSDALE GOLF CLUB.

AND WE ARE LEAD AGENCY, BUT WE CANNOT ACT YET BECAUSE THE 30 DAY, UH, WE ARE STILL WAITING ON ONE OF THE INVOLVED AGENCIES.

SO DO WE WANT TO SKIP DISCUSSION TONIGHT AND SAVE OUR DISCUSSIONS TILL YES.

NEXT MONTH? UH, ? YES, THAT'S FINE.

UH, THE ONE THING I'LL SAY IS, UM, YES, THE APPLICANT HAS SUBMITTED A STORMWATER POLLUTION PREVENTION PLAN.

IT'S UNDER REVIEW WITH ENGINEERING.

WE WILL, UH, ENSURE THAT THE ENGINEER HAS A CHANCE TO REVIEW THAT IN ADVANCE OF THE NEXT MEETING AND OPINE IN WRITING OF, UH, HIS, HIS, UH, REVIEW OF, OF THE STORMWATER COMPONENTS OF THE PROJECT.

GOOD.

IT'S A SHAME SEAN DIDN'T GET TO HEAR THAT, BUT SHE WILL.

AND THEN MY UNDERSTANDING IS FROM LISTENING TO THE DISCUSSION AROUND THE NETTING, 'CAUSE IT'S NOT JUST THE BUBBLE, UM, THAT YOU GUYS APPROVED IT IN THE PAST AND THAT THERE WERE NO ISSUES WITH WILDLIFE OR BIRDS OR ANYTHING, CORRECT? NO.

THERE HAS NOT BEEN ANY ISSUES.

IT WAS NOT, IT WAS NOT APPROVED IN THE PAST.

OH, IT WASN'T, IT IT'S SUNNINGDALE.

IT WAS, YEAH.

I'M SORRY.

THERE WAS A LOT OF OPPOSITION TO IT.

WE'LL PUT IT THAT WAY.

SUNNINGDALE, SCARSDALE GOLF CLUB.

I THINK IT WOULD JUST BE HELPFUL TO HAVE WHATEVER THAT INFORMATION IS, EVEN IF IT'S JUST FOR YOU GUYS FOR US TO HEAR IT WHEN WE HAVE THAT DISCUSSION.

CAROL, YOU HEARD THAT? YEAH.

WHAT DID SHE WANT? WHAT DO YOU WANT? ? THE DENIAL SHE WANTS, I GUESS.

DO YOU WANT THE TRANSCRIPT OF WHAT WE DISCUSSED OR WHAT DO YOU WANT? NO, YOU GUYS JUST, JUST WHEN WE DISCUSS IT, YOU GUYS CAN JUST, I DON'T NEED THE TRANSCRIPT TO SHARE THE INFORMATION YOU HAVE FROM YOUR PAST EXPERIENCE ON, UM, WHERE THERE'S BEEN NETTING.

I THINK THERE'S JUST A, WHAT WE APPROVED AT SUNON.

ARE WE TALKING ABOUT SUNNINGDALE? I THOUGHT I GAVE EVERYBODY THAT DECISION.

NO, I THINK SHE'S TALKING ABOUT THE DENIAL.

OH, THE DENIAL.

I INCLUDED THE DENIAL AS WELL.

I SENT THOSE TWO DECISIONS.

YOU DID? OKAY.

I BELIEVE, BUT OKAY.

I COULD SEND IT AGAIN.

NO BIG DEAL.

SO THAT IS GOING TO BE ADJOURNED TO NEXT MONTH, MAY 19TH, CORRECT? CORRECT.

AND NEXT IS, AH, NOW WE START GETTING INTO DIFFICULT ONES.

HERE AGAIN, WE'VE, WE SEE WHAT THE ISSUE IS ON THIS TWO CAR GARAGE THAT'S TOO CLOSE TO THE LINE FOR THE RECORD.

THIS IS 2209.

MIGHT NOT BUY IT AT THAT PRICE.

2209, UH, OF BABY BOGA.

I, I THINK, I KNOW I HEARD FROM THE, UH, ADJACENT NEIGHBOR THAT THERE'S SOMETHING THAT THE TWO OF THE TWO PRO, THE TWO PROPERTY OWNERS NEED TO COME TO UNDERSTANDING ABOUT, WHICH DOESN'T REALLY HAVE ANYTHING TO DO WITH US.

THE QUESTION IS, UM, SHOULD WE PERMIT THIS GARAGE TO BE LEGALIZED? AND I HAVE A LITTLE BIT OF A PROBLEM WITH IT BECAUSE NUMBER ONE, THERE, THERE IS SO MUCH SPACE THERE AND I UNDERSTAND THE CIRCUMSTANCES UNDER WHICH THEY PURCHASED IT.

BUT, UM, I WOULDN'T WANNA PUT US IN A SITUATION WHERE WE'RE SETTING OURSELVES UP FOR SOMETHING THAT WE HAVE TO REVISIT.

UH, LET ME WEIGH ON, WEIGH IN ON THIS THEN YOU, THEY'RE SELLING THE PLACE.

UM, IF THEY, IF WE ASK THEM TO REMOVE, TO DEMOLISH IT, UM, THEY CAN WORK OUT A PURCHASE, A SALES PRICE WITH THE PROSPECTIVE BUYER THAT THEY HAVE.

UM, THAT, AND YOU KNOW, THAT THAT'S TYPICALLY IN THE CONTRACT THAT, UM, UH, IF THEY HAVE TO, UH, IF THEY CAN'T GET THE C F O AND THEY HAVE TO REMOVE THE STRUCTURE, THEY'LL, THEY'LL DETERMINE HOW THE CONTRACT CONTINUE, WHETHER IT'S, UM, VOID OR IT CONTINUES IN THAT CONDITION.

BUT THERE'S A DIMINUTION IN THE, UM, SALES PRICE OR PURCHASE PRICE.

UH, WE DON'T HAVE THEIR CONTRACTS, SO I DON'T KNOW WHAT, YOU KNOW, WHAT'S IN THAT.

SHE DID HAVE THE CONTRACT, BUT I DON'T THINK SHE SHOWED IT ON THE SCREEN.

YEAH, I THINK SHE SAID THAT IF THEY DIDN'T GET IT, THEY WEREN'T, THE BUYERS WERE NOT GONNA BUY IT.

IT WAS CONTINUED.

WELL, THEY

[03:40:01]

WELL, IF, IF THEN WE'LL WE CAN ASK FOR THE CONTRACT THEN WHAT? I CAN GO THROUGH IT AND SEE HOW THEY HANDLE THAT.

'CAUSE YOU KNOW, THAT IT CAN HANDLE, IT CAN HANDLE, UH, TWO, TWO OR MORE WAYS THAN THE TWO THAT I JUST SAID.

SO, BUT WE DON'T NECESSARILY HAVE TO SEE THE CONTRACT IN ORDER TO MAKE OUR DECISION.

SO I KIND OF AGREE WITH YOU, EVE.

'CAUSE IF IT CAME BEFORE US, UH, WOULD WE ALLOW THIS A GARAGE TO BE BUILT LIKE THIS? AND WE ALWAYS GO BACK AND ASK OURSELVES THAT WE DO IT WITH OUR GARAGES, WE DO IT WITH DRIVEWAYS.

UM, AND THE ANSWER GENERALLY IS NO.

AND IT'S, AND IT'S A LARGE STRUCTURE.

I MEAN IT'S, GOT IT.

DID YOU GUYS SEE THE PICTURES? IT'S GOT AN ENTIRE FULL SECOND FLOOR.

I KNOW WITH A SEPARATE ENTRANCE GOING UP TO IT.

IT'S GOING UP TO IT AND EVERYTHING.

SO YOU KNOW WHAT'S GONNA HAPPEN.

THAT YES.

UM, IT'S GONNA BE A NURSERY IN THERE.

OH GOD.

LET ME CONTINUE MY DECISION OUT.

THERE'LL BE NEED FOR A NURSERY FOR US, FOR US.

SO I WANTED SOME CLARIFICATION.

UM, WE'RE WE'RE TALKING ABOUT AND A NON-CONFORMANCE IN TERMS OF ITS CLOSENESS TO THE PROPERTY LINE, BUT IT WAS BUILT ILLEGALLY.

BUT WHEN WE'RE LEGALIZING IT, ARE WE LEGALIZING ITS CONSTRUCTION OR JUST IT'S NONCONFORMANCE.

IT'S NONCONFORMANCE.

SO HOW DOES THE TOWN DEAL WITH ITS ILLEGAL CONSTRUCTION? THAT'S NOT OUR PROBLEM.

I WOULDN'T PUT IT EXACTLY THAT WAY.

IT'S NOT WITHIN YOUR PURVIEW.

I MEANT TO SAY THAT.

I WAS JUST TIRED.

I WILL SAY THIS ABOUT IT THAT, UM, THE, THE LOT NEXT TO IT IS ACTUALLY, UM, IT'S LIKE A FLAG LOT.

SO IT'S A, A LONG DRIVEWAY UP.

AND THEN THE HOUSE, THE MAN WHO SPOKE, UM, LIVES BEHIND IT.

SO IN TERMS OF ITS IMPACT ON THE NEIGHBORING PROPERTY, BECAUSE IT'S NEXT TO LITERALLY ANOTHER DRIVEWAY, IT'S NOT, IT'S NOT AS BIG OF AN IMPACT AS IF THERE WAS A HOUSE THERE RIGHT NEXT DOOR.

AND THE OTHER THING I MIGHT ADD, IF WE ARE GONNA ADJOURN THIS, THAT I KNOW THAT THEY'RE ALSO ASKING FOR VARIANCE FROM THE, FOR THE DRIVEWAY ITSELF.

IT'S, YOU KNOW, REQUIRED SETBACK IS 10 FEET AND THEY'RE PROPOSING ZERO.

LIKE, I DON'T KNOW IF THEY CAN CUT BACK THE DRIVEWAY A LITTLE BIT AS IT GOES DOWN.

I MEAN, IF WE'RE NOT GONNA APPROVE THIS TONIGHT, LIKE THEY COULD MAYBE SQUEEZE A FEW MORE FEET, YOU KNOW, WITH WHERE THE PROPERTY LINE IS BECAUSE THEY HAVE A LOT OF ROOM ON THE OTHER SIDE OF THE DRIVEWAY.

I DUNNO IF YOU'RE LOOKING AT THE SURVEY.

OH, THEY HAVE A, THEY HAVE A TURNAROUND, RIGHT? I'M JUST LOOKING AT THEIR SURVEY.

LIKE, OH, JUST AS ASPHALT DRIVEWAY.

LIKE THEY COULD, I MEAN, THEY'D HAVE TO FUSS WITH THEIR CURB CUT, BUT LIKE THEY COULD MAKE THE DRIVEWAY BIGGER, LIKE TO THE RIGHT.

THEY COULD MOVE IT OVER AND THEN THEY COULD MAKE IT LESS ON THE LEFT SO THAT THERE'S SOME SETBACK THERE.

YEAH, I WAS GONNA SAY, THEY'RE NOT GONNA MAKE THEM DEMOLISH THE GARAGE.

ASSUME, YOU KNOW.

YEAH, I WAS THINKING THAT.

CAN'T THEY HAVE AN EVEN SETBACK WITH THE, THE STRUCTURE AND THE DRIVEWAY? SO IT'S EVEN .

SO IT JUST KIND OF GOES A STRAIGHT LINE DOWN.

YEAH, THAT'S WHAT I WAS THINKING ALSO.

I MEAN IF, IF YOU YEAH, IF YOU DON'T WANNA MAKE THEM TEAR IT DOWN, I MEAN IT IS, THERE IS NO HOUSE RIGHT NEXT DOOR.

IT IS A DRIVEWAY THAT LEADS TO ANOTHER HOUSE AND THEN NEXT DOOR TO THAT I BELIEVE IS A CHURCH.

SO YOU'VE BEEN TO THE SITE.

SO, UM, I, I LOOKED AT IT ON GOOGLE.

OH.

SO THE, UH, I CONFESS I WAS NOT AT THE SITE, THE PARTY DRIVEWAY THAT THEY WANT TO TURN INTO GRASS.

THAT DOES NOT AFFECT THAT ADJACENT DRIVEWAY.

IT LITERALLY ABUTS ANOTHER DRIVEWAY.

NO, IT'S PAVED NOW.

THEY, THEY'VE PAVED IT.

THEY WENT OVER THEIR PROPERTY LINE AND PAVED IT.

SO THEY'RE GONNA CUT IT BACK AND PUT GRASS THERE.

BUT THAT GRASS LITERALLY ABUTS THE MAN'S DRIVE.

THAT'S THE GUY'S DRIVEWAY BACK UP INTO HIS FLAG LOT, WHICH IS BEHIND, NO.

SO BASICALLY JUST PUTTING A LITTLE GRASSY STRIP BETWEEN TWO DRIVEWAYS.

REMEMBER WHEN SHE HAD THE CHART UP THAT SHOWED WHAT WAS IN RED? YEAH.

IT WOULD MEAN THAT THE WHOLE,

[03:45:01]

THAT'S WHY I WAS ASKING.

'CAUSE THEY COULD EASILY HAVE TAKEN THAT ENTIRE RED AREA AND MADE IT GRASS.

THEY DIDN'T REALLY NEED TO LEAVE ANY OF IT.

AND THEN IT WOULD ABUT THE DRY, IT WOULD'VE ABUT THE, UH, BUILDING THE STRUCTURE, YOU KNOW, IT WOULD GO UP TO IT AND GIVE THEM THAT FIVE FEET ALMOST.

WHAT NUMBER WAS THIS? I SEE.

IT'S REALLY JUST ZERO DOWN AT THE TIP.

BUT I DUNNO, IT'S UP TO YOU.

SO WHAT ARE WE ASKING? WHAT ARE WE ASKING THESE GUYS TO DO? TO ME, IT, IT'S, THE ISSUE IS LEGALIZING THIS STRUCTURE.

NO, NO, BUT WE'RE NOT, THAT'S THE ISSUE.

DIDN'T WE SAY WE WERE GONNA ASK, WE'RE GONNA ASK FOR INFORMATION AND NOT TAKE A VOTE ON THIS TONIGHT? NO, I SAID WE CAN GIVE THEM TIME TO SORT OUT THEIR DIFFERENCES.

BUT I DON'T THINK THOUGH THEIR DIFFERENCES AFFECT US IS WHAT I SAID.

I THINK ROWAN, ISN'T THIS THE CASE WHERE ROWAN WANTED THE COPY OF THE CONTRACT AND EVERYTHING? OH YES HE DID.

JUST BECAUSE SHE SAID THAT THEN YOU KNOW, THAT, THAT, UM, THEY WON'T BUY IT.

SO WE CAN TAKE A LOOK AT WHAT THAT CLAUSE SAYS.

I COULD SEE WE DON'T HAVE TO GO THAT DEEP E WE CAN JUST LEAVE IT JUST AS HOW WE'RE ANALYZING IT.

BUT TAKE THE WORK.

GO AHEAD.

I WOULD ALSO ASK THEM TO COME BACK AND, AND IF THEY CAN, UM, YOU KNOW, PROVIDE SOME AREA, SOME GRASS AREA, AS CHRISTIE SAID, IN BETWEEN THE TWO DRIVEWAYS.

WELL, I BELIEVE THAT'S THE, I WOULD WANNA BE CAREFUL IF WE'RE GONNA ASK THEM FOR THAT AND THEY SAY, OKAY, WE'LL DO THAT.

UM, I DON'T, I'M NOT SAYING THAT TO ME, TO ME AT LEAST THAT DOESN'T GIVE ME A GREEN LIGHT TO SAY OKAY.

IT'S, I DON'T WANNA PUT THEM UNDER THE IMPRESSION.

IT'S MOVED.

WE'RE GONNA MAKE THEM TAKE DOWN THE GARAGE .

DID, BUT DID YOU WANT THEM TO REDUCE THE SIZE OF THE VARIANCE FOR THE DRIVEWAY? WELL, YES.

AND ASK FOR THE CONTRACT OF SALE.

THIS IS FOR, THIS IS FOR CAROL'S LETTER TO THEM.

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

IS THERE ANYTHING ELSE OTHER THAN THOSE TWO THINGS? I MEAN, THE FACT THAT THEY'RE GONNA WORK IT OUT, UM, DO WE WANNA SEE WHERE THE PROPERTY LINE IS THAT THEY SHOULD THEY WERE GONNA STAKE IT OUT? I DON'T, I DON'T THINK SO.

NO.

THAT'S NOT OUR CONCERN.

NO.

RIGHT, RIGHT.

MY CONCERN IS LEGALIZING THIS, THIS GARAGE.

THAT'S REALLY IT IN A NUTSHELL.

RO YOUR THOUGHTS? OH, DOING THIS TWO FAMILY ONE.

I'M SORRY.

UM, REMIND ME IF I WAS JUST WRITING THIS THING ON THE TWO FAMILY, WELL THEY, THEY, THE POINTS THAT THEY BROUGHT OUT WERE PERHAPS, YOU KNOW, MOVING THE GARAGE.

I MEAN, NOT THE GARAGE, THE DRIVEWAY OVER SOME OR CUTTING BACK, YOU KNOW, EVEN MORE TO GIVE MORE SPACE, I GUESS BETWEEN THEIR DRIVEWAY AND THE OTHER DRIVEWAY.

UM, BUT THAT, THAT REALLY IS TO ME WAS NOT THE ISSUE.

THE ISSUE IS LEGALIZING THIS GARAGE.

YEAH, BUT THEY DON'T HAVE MUCH, THEY DON'T HAVE MUCH, MUCH ROOM THERE.

IT WAS LIKE FOUR FEET AND SEVEN FEET.

WHAT, WHAT, HOW, HOW MUCH THEY GONNA CUT BACK? WELL, IF THEY MOVE THE DRIVEWAY, LITERALLY MOVE THE DRIVEWAY, THEY COULD GET MORE, BUT, YOU KNOW, WHAT DO YOU MEAN MOVED IT THOUGH? OKAY.

I DON'T HAVE IT IN FRONT OF ME, BUT ON THE SIDE WHERE THE, THE SIDE YARD.

THE SIDE YARD IN THE GARAGE RIGHT THERE.

GET TO THE RIGHT IF THEY, IF THAT WERE THE SOLUTION, BUT I DON'T SEE THAT AS THE SOLUTION.

I DON'T THINK THAT FIXES THE PROBLEM REALLY.

IN FACT THAT THEY CONSTRUC MEANING, UM, MEANING SHIFT THE DRIVEWAY A LITTLE BIT TO THE INTERIOR OF THE PROPERTY, RIGHT? YEAH.

SO AS TO RENDER IT MORE CONFORMING.

AND THEN I THINK THE THOUGHT WAS, UM, RIGHT UP FROM THE DRIVEWAY'S PERSPECTIVE, UM, IF YOU NOT ONLY TAKE OUT THE PAVEMENT, UM, THAT'S TO THE LEFT OF THE PROPERTY LINE, YOU COULD TAKE THIS AREA OUT AS WELL AND THEN YEAH.

AND THEN TAKE IT ALL THE WAY DOWN, BUT TAKE IT ALL THE WAY DOWN TO THE STREET.

AND THEN MOVE JUST LIKE THAT, PAVE IT, PAVE IT OVER A LITTLE BIT TOWARDS THE RIGHT.

AND THEY WON'T NEED A VARIANCE.

NO, THEY STILL WOULD THEY STILL, THEY STILL NEED THE LEGAL ARTS.

AND THEN, AND THEN IT WOULD BE GO FROM ZERO TO MAYBE THREE.

I DON'T KNOW.

YOU KNOW, IT WOULDN'T BE ZERO.

I THINK IT'S 4.9 FEET.

SO IT'S, IT'S ALMOST FIVE FEET, 4.6 FROM ZERO.

BUT THAT'S JUST THE, THE GARAGE, THE DRIVEWAY.

THAT'S JUST THE DRIVEWAY IS 10 FEET ALSO.

AND THEY HAVE ZERO.

SO AT THE BOTTOM CORNER, LOOK, IT'S THEORETICALLY POSSIBLE.

IT'S THEORETICALLY POSSIBLE THAT THEY COULD MOVE THE DRIVEWAY 10 FEET AND THEN THEY WOULDN'T NEED

[03:50:01]

THAT VARIANCE.

BUT THAT DOESN'T SOLVE THE PROBLEM.

THE REAL PROBLEM HERE IS STEVE SAYS IS THE GARAGE, YOU HAVE TO DECIDE WHETHER A GARAGE THAT'S 4.6 FEET AWAY FROM THE PROPERTY LINE IS SUFFICIENT TO PUT SCREENING IN, ET CETERA, ET CETERA.

LIKE, UH, OTHER CASES WE'VE HAD RECENTLY.

AND THAT'S A DECISION THAT YOU HAVE TO MAKE.

THAT'S ALL.

PERSONALLY, I'M OKAY WITH THE GARAGE, BUT YOU KNOW, ONLY BECAUSE THERE'S ANOTHER DRIVEWAY.

IF IT WERE A SMALLER STRUCTURE, I WOULD, I WOULD PROBABLY MORE BE MORE INCLINED.

BUT IT'S A HUGE STRUCTURE.

IT'S TWO, IT'S A TWO STORY.

ALRIGHT, WELL YOU'RE TURNING IT ANYWAY.

AND, AND, AND, AND, UM, UH, CAROL, WE CAN FIND OUT THEN, SINCE WE'RE GONNA ASK HER FOR THE CONTRACT, UH, BECAUSE THAT CAN ALWAYS BE MODIFIED ALSO, UH, TO FIND OUT IF THE BUYER THAT STILL WILL BUY IT, IF THE GARAGE IS DEMOLISHED, YOU KNOW, UNLESS THEY JUST LOVE THE GARAGE.

AND THAT'S WHAT THEY'RE BUYING IT FOR, IS THEY JUST LOVE THIS BIG GARAGE AND THEY LOVE IT MORE THAN THE HOUSE.

SO YOU WANT ME TO ASK, YOU WANT ME TO ASK THEM IF THEY WOULD CONSIDER DEMOLISHING THE GARAGE? ? NO, NO, NO.

SHE'S, SHE'S, WE, THAT'S OUR DECISION.

AND, AND SHE, UH, THAT'S OUR DECISION.

JUST IF THE, IF IF IT'S DEMOLISHED, UH, WILL THE BUYER NOT, UM, WANT THE TO BUY THE HOUSE ANYMORE? WELL, THAT'S WHAT SHE SAID.

WELL, OKAY, THEN, THEN LEAVE IT THEN.

DON'T ASK THAT CAROL THEN JUST GET THE CONTRACT FOR US, THEN JUST GET THE CONTRACT FOR US AND WE'LL TAKE A LOOK AT IT.

ROW ROWAN.

THE, THE, THE, NO, THE BUYER WOULD NEVER ADMIT TO THAT AT THIS POINT.

THAT'S TRUE.

WHY WOULD THEY, THEY WOULD HAVE TO ACCEPT.

WELL, WELL, WELL, LET'S, LET'S SEE WHAT THE CONTRACT SAYS.

WE'RE NOT REDUCE PRICE, AS YOU SAID.

LET'S SEE, YOU KNOW, THAT E THAT'S WHAT WE'RE GONNA LOOK AT AND THAT'S WHAT WILL HAPPEN.

SO LET'S SEE WHAT THE LANGUAGE IN THE CONTRACT SAYS.

AND THAT WILL DETERMINE OKAY.

THAT, THAT THEY WILL, THEY WILL BUY IT.

BUT WITH A TION IN THE, IN THE, UM, SALES PRICE.

KEEP IN MIND, EVERYONE, AS SHE DESCRIBED THIS PROPERTY, THIS WAS A FORECLOSURE.

EXACTLY.

SOMEBODY GOT A DEAL ON IT AND SHE SAID, YOU GOT IT WORK.

AND THEREFORE IT'S NOT JUST A GARAGE.

IT'S A, IT'S A PACKAGE OF A LOT OF THINGS NEED TO BE DONE HERE.

AND IF YOU WANNA GET A DEAL'S, HOW FORE IF YOU GET A DEAL, YOU KNOW? YEP.

THAT'S HOW IT WORKS.

BUY IT.

BEWARE.

YOU TAKE THE RISK, YOU DO YOUR DUE DILIGENCE.

YOU KNOW WHAT I MEAN? SO, YOU KNOW WHAT, IF YOU HAVE A SUPER LEANN ON IT, OH, I DIDN'T KNOW THERE WAS A SUPER LIEN ON IT.

WELL, TOO BAD WHEN YOU DEAL WITH THE CITY, TOO BAD.

IF YOU DON'T DO YOUR DUE DILIGENCE, YOU BUY IT AND YOU GET TO THE FORECLOSURE AND YOU HAVE A SUPER LIE, IT'S LIKE, OH, OKAY.

THE LIEN GOES WITH IT.

SO, UM, THE WHOLE SURVEY THING, I DIDN'T GO ON WITH THAT, BUT SURVEYORS ARE OUT THERE AND YES, SOME ARE BUSY, SOME CAN GET IT DONE WITHIN A WEEK, YOU KNOW, SOMETHING LIKE THIS THAT IF YOU'RE BUYING, BUT IT'S ALL PART OF THE DEAL.

IT'S A FORECLOSURE.

YOU'RE GETTING IT, YOU'RE GONNA MAKE MONEY ON IT.

SO YOU LIVE THERE TWO YEARS AND YOU'RE SELLING IT.

WONDERFUL.

AND AS WE KNOW, PRICES HAVE GONE UP OVER THE PAST OH YEAH.

TREMENDOUSLY.

OH YEAH.

WE DON'T EVEN KNOW IF THEY'VE LIVED IN IT.

IT COULD HAVE BEEN AN INVESTMENT PROPERTY, NOT LIVING IN IT.

OH YEAH.

SEE THAT? THANK YOU.

THANK YOU FOR THE CORRECTIONS.

ABSOLUTELY.

SO WE, THEY, SHE SAID THAT THEY DIDN'T LIVE IN IT.

I MISSED THAT PART.

I THOUGHT THAT THEY WERE, UM, THEY WERE GONNA FIX IT UP, BUT THEN THEY DECIDED TO SELL IT.

THAT'S, THAT'S WHAT I RECALL.

BUT WE'LL SEE WHAT THE YEAH.

I DON'T THINK THEY EVER SAID EITHER WAY.

AND WE DIDN'T ASK.

SO THAT, I JUST ASSUMED IT WAS MORE AN INVESTMENT.

SO THEN EVEN MORE REASON WHY, 'CAUSE THEN THE OTHER PERSON MAY BE, ANYHOW, LET'S GET, OKAY, YOU'RE ADJOURNING IT, SO LET'S GO START TURNING IT.

LET'S MOVE ON.

OKAY, THEN THAT WAS PROPERTY.

THE, THE NEXT ONE IS, GETS EVEN HARDER.

THAT'S 2210.

THE PROPERTY THAT THEY'RE LOOKING TO REDUCE THE MINIMUM LOT WIDTH FOR LOT TWO FROM 75 FEET TO 59 FEET PROPOSED IN ORDER TO SUBDIVIDE THE PROPERTY.

FORTUNATELY, FORTUNATELY IT'S IN A PLACE WHERE YOU HAVE A LOT OF PROPERTIES THAT ARE ON SIMILAR LOTS.

SO THAT HELPS A LITTLE BIT.

I AGREE WITH YOU ON THAT.

I HAVE LESS OF A PROBLEM WITH THIS ONE BECAUSE PRETTY MUCH EVERY PROPERTY ON THE BLOCK IS LESS THAN 75 FEET, HAS LESS THAN 75 FEET OF FRONTAGE.

AND THE SIZE IS 99,000 SOME ODD SQUARE FEET.

SO IT'S NOT A SUBSTANDARD SIZE TRO VOTE.

[03:55:01]

LEMME, I'M A YES, YES, YES, YES, YES.

WHO'S WRITING IT UP? ED, ED, ED? NO.

ED'S NOT WRITING IT NOTE.

NO, NO, NO, NO.

ED.

WHAT , KEEP IN MIND THE, THE PROVISION THAT HAD TO BE ADDED.

OH, RIGHT.

SO YOU HAVE TO ADJOURN IT, IT HAS TO BE ADJOURNED.

SO THAT ADDITIONAL PROVISION THAT'S WE ALL SAID YES.

, I WROTE IT DOWN.

I DON'T WANNA HAVE TO HAVE ANOTHER DISCUSSION.

NEXT ONE, NEXT MONTH WE'LL HAVE DIFFERENT PEOPLE HERE AND THEY'LL GO, NO, I KNOW ALL.

SO NOW WE HAVE THE PHASE 2211 FERNDALE ROAD, WHERE WE HAVE THE TWO SETBACKS, WHICH IS A MUCH EASIER CASE IN A WAY BECAUSE THIS IS HOW THE HOUSE WAS BUILT MANY, MANY YEARS AGO.

AND IT'S ESSENTIALLY SEVEN FEET ON ONE LENGTHWISE FOR THE, FOR THE, FOR THE DIMINISHED SETBACK ON ONE SIDE YARD.

AND ON THE OTHER ONE, IT'S JUST A COUPLE OF FEET AT A POINT WHERE THE HOUSE INTERSECTS CLOSER TO THE LINE THAT MAKES THE TWO, THE, THE COMBINATION OF THE TWO SIDE YARDS NOT MEET, UM, THE REQUIRED.

AND THEN THE THIRD, THIRD ONE IS TO ENLARGE THE STRUCTURE.

BECAUSE IT'S A NON-PROPERTY, A NON-CONFORMING PROPERTY, ANYTHING THEY DO IS GOING TO ENLARGE IT SO THAT THAT ONE'S EASY.

SO I THINK OVERALL THIS ONE DOESN'T PRESENT MUCH OF AN ISSUE FOR US.

BUT THAT'S MY VIEWPOINT.

CHRISTIE, YOU WANNA WRITE IT? SURE.

ARE WE DOING THE FINDINGS LATER OR WE'RE GONNA DO IT ALL TONIGHT.

ALL LATER.

LATER, LATER.

SO I JUST MOTION YEAH, IT'S 1130, GUYS.

IT'S 1130.

SO I'M JUST GONNA DO THE MOTION.

ROWAN, YOU DON'T HAVE TO DO THE FINDINGS.

I, I'LL STOP AT NUMBER ONE.

, YOU DON'T HAVE HAVE TO READ THEM, BUT YOU DO HAVE TO DO THEM.

SO YOU HAVE TO DO THEM.

OH, .

THIS ONE, DON'T HAVE TO READ THEM.

THIS ONE, THIS ONE IS A LITTLE WEIRD.

I, I STILL, I'M STILL, I I WILL STILL STOP AT NUMBER ONE.

EDWARD EDWARD, ED WILL EDIT IT.

EDIT IT.

OH, I CAN'T EVEN SPEAK.

I'M GONNA DO IT TOMORROW.

JUST F Y I AND I'LL SEND IT TOMORROW AT SOME POINT.

CASE 2212.

THE, UH, HAVELAND ROAD.

THIS IS THE AREA VARIANCE TO INCREASE THE IMPERVIOUS CIRCUS BECAUSE THE POOL IS GONNA BE PUT IN.

ANY ISSUES WITH THIS ONE? NO, I DON'T REALLY HAVE AN ISSUE ON THIS, BUT IN THE PAST, WHENEVER WE'VE HAD THIS, WE'VE ALWAYS ASKED PEOPLE TO CONSIDER LIKE, DO YOU REALLY NEED A PATIO THAT BIG? YOU KNOW, I MEAN, A HUGE LARGE YARD.

THEY REALLY DO.

USUALLY OUR POOLS COME CLOSER TO SOMEBODY ELSE'S PROPERTY AND YEAH.

FLASHING AND, YOU KNOW, YOU KNOW, THIS ONE IS A LITTLE EASIER.

OBVIOUSLY THE WAY THE HOUSE IS LAID OUT, IT TAKES UP, IT'S A RANCH IF I REMEMBER.

SO IT TAKES UP A LOT OF OUS SURFACE, JUST THE HOUSE ITSELF.

AND, BUT THEY HAVE THIS HUGE, UH, HUGE AREA IN WHICH TO PUT A POOL ALRIGHT.

WHERE TO GO.

SO I'M A AND NOT ONLY IS IT THE POOL, IT'S THE PATIO AND THE POOL HOUSE.

THEY HAVE THAT MUCH AREA.

YES, THAT IS TRUE.

AND A POOL HOUSE.

AND IT ONLY TAKES THEM 3% OVER 4%.

25 TO 29.

25 TO 29, RIGHT.

WELL, IT'S 26 NOW, SO IT'S ALREADY OVER.

SO IT WOULD BE AN, IT'S, IT'S, IT'S 4% OVER WHAT'S PERMITTED, BUT 3% OVER WHAT'S IN EXISTENCE.

DID I SAY THAT RIGHT? NO.

SO WHO'S WRITING IT? I DON'T MIND WRITING IT AS LONG AS I DON'T HAVE TO

[04:00:01]

DO IT.

I KNOW.

OTHER THAN, OTHER THAN, YEAH.

THIS, I'M ADJOURNED.

LEMME GET MYSELF TO ORDER HERE.

WHILE EVERYBODY'S WRITING, I JUST WANNA MAKE A NOTE TO EVERYBODY THAT WHEN YOU TAKE, UM, WE ON SOME OF THE CASES FROM LAST MONTH, UH, THERE WAS NOT A SECOND ON THE VOTE.

AND ONE OF THEM, THERE WAS A LONG DISCUSSION AND THEN I GUESS WE FORGOT.

SO TRY TO MAKE A SECOND ON, REALLY.

YEAH, YOU WEREN'T THERE EITHER.

LET'S HAVE SOMEBODY LIKE BE THE SECONDER.

EXCEPT WE COULD SECOND THEM ALL.

WE SECOND EVERYTHING.

EXCEPT I WASN'T, I WASN'T THERE LAST.

YEAH, YEAH.

SECOND EVERYTHING.

THAT WAY WE DON'T HAVE A ISSUE.

SO JUST TO BE CLEAR, I'M NOT WRITING FINDINGS RIGHT.

TONIGHT.

THAT, LOU, THAT WAS THE PROBLEM LAST MONTH.

YOU WEREN'T THERE.

WASN'T THERE EITHER.

WASN'T ME? BECAUSE I MISSED WHEN I, WHEN LOU, WHEN LOU, WHEN LOU'S SLEEPING, I NORMALLY PICK UP.

[04:05:02]

SEE LOU, THEY CAN'T DO WITHOUT US, MAN.

ALRIGHT, SO ALL WE'RE WAITING FOR IS ON TWO MOTIONS.

YOU CAN EDIT IT ALL YOU WANT, BUT I'M DONE.

NICE.

SHORT.

OKAY, SO EVE, LET'S, UH, WE CAN START.

CAROL, LET ME EMAIL IT TO YOU NOW.

OH GOD.

LET ME GET RID OF THIS.

WE'RE GONNA NEED TO, UH, MAKE THE MOTION TONIGHT, ROWAN, SO DON'T EMAIL IT UNTIL YOU'VE DONE IT.

OH YEAH.

I'M DONE.

, RIGHT? GARRETT? EVERYBODY HAS TO WAKE HIM UP.

ALL RIGHT, LET'S SEE.

SO SORRY, ED, I STEPPED AWAY.

WHAT WAS THE QUESTION THERE? WE'RE READY.

UM, FEEL FREE TO PROCEED.

OH, LET ME MAKE SURE THE, HAVE A GOOD NIGHT.

WE GOTTA GET THE STENOGRAPHER.

THIS HAS BEEN A TOUGH WEEK, I TELL YOU.

THIS, WHEN I SAW THAT THE, THE CALENDAR, I'M LIKE, THIS ONE'S GONNA BE A LONG ONE.

AND WE HAVE A LOT OF NEW CASES FOR NEXT MONTH.

YEAH, I SAW THAT TOO.

I SAID, OH, NO, TOUGH IT OUT.

OTHERWISE, WE WOULD'VE BEEN LISTENING TO A LOT OF WHAT WE HEARD TONIGHT.

NEXT MONTH.

ARE WE REMOTE NOW? IS THAT OR WE ALL NEXT TIME LET EXPLAIN.

WE HAVE 60 DAYS.

UH, I THINK MAY WE'RE GOOD FOR MAY, JUNE.

I THINK STARTING JUNE WE'RE GONNA HAVE TO GO BACK.

A A A QUORUM HAS TO BE PRESENT IN PERSON AS I UNDERSTAND IT.

OH.

SO IF SOMEBODY'S NOT IN THE AREA, THEY COULD STILL BE VIRTUAL? THEY CAN, THEY CAN.

THEY HAVE TO HAVE A, THERE'S A, THERE'S A, THEY HAVE TO HAVE A, A PARTICULARLY GOOD REASON FOR DOING IT REMOTE.

AND I DON'T RE RECALL WHAT THE STATUTE SAYS ABOUT THAT.

BUT A QUORUM.

SO WE'RE GONNA BE GOING BACK TO IN PERSON AT LEAST FOR A QUORUM.

ARE THEY STILL PENALIZING THAT THAT COURT OF APPEALS JUDGE A HE SAID THEY PASSED THE STATUTE OR IT'S BEEN THE ONE THAT'S STILL REMOTE? I DON'T KNOW.

I DON'T, I'M NOT FAMILIAR WITH THAT, UH, ISSUE.

UNLESS SHE CHANGED.

BUT SHE WAS REMOTE.

SHE WAS THE ONLY ONE THAT WAS REMOTE WHEN I READ THE ARTICLE.

HMM.

WHEN'S THE JUNE MEETING? THE 16TH.

JUNE IS 16TH.

THE 2201.

WHAT DID I DO WITH MY AGENDA? I'M ALWAYS MISPLACING MY AGENDA.

ALL YOURS CAROL, WAS THAT GARRETT TELLING US WE'RE READY OR WAS THAT ROLLING? ALL SET.

ALL SET.

UH, THIS STENOGRAPHER'S BACK.

UH, WE ARE RECORDING.

SO ALL SET.

HAVE A GOOD NIGHT EVERYONE.

THANK YOU VERY MUCH.

AND THE NEXT CASE IS CASE 2126.

AND WE ARE BACK WITH THE RESULT OF OUR DELIBERATIONS, UH, BECAUSE OF THE LATENESS OF THE HOUR.

IT IS AFTER 1130, WE ARE GOING TO, FOR THE CASES THAT WE DID MAKE DECISIONS ON, WE WILL ONLY BE READING THE MOTIONS AND, UH, GIVING OUR VOTES AND THE FINDINGS WILL BE MADE AVAILABLE FOR THE PUBLIC AND FOR ANYONE ELSE WHO WOULD LIKE TO HAVE A COPY OF OUR FINDINGS ON PARTIC ANY PARTICULAR CASE THAT WE DO IN FACT, UH, DECIDE, HAVE DECIDED THIS EVENING.

THE FIRST CASE WE HAVE IS CASE 2111, UM, PROPERTY AT LAUREL STREET.

HARTSDALE.

WE WOULD LIKE TO HAVE A MOTION AS THE CASE 2111 HAS REQUESTED TO, TO BE PERMITTED TO WITHDRAW.

DO I HAVE A MOTION? I MOVE THAT CASE 2111.

UH, BE PERMITTED TO WITHDRAW.

AND DO WE HAVE A SECOND? SECOND.

[04:10:01]

AND THAT HAS BEEN ADJOURNED.

THAT IS BLOOM ENERGY THAT HAS BEEN ADJOURNED TO MAY 19TH.

OUR NEXT MEETING NEXT CASE IS CASE TWENTY TWO OH FOUR SIX TWENTY FIVE DOBBS FERRY REALTY.

AND I DON'T HAVE WHAT WE DID ON THIS ONE, I'M SORRY.

MADAM CHAIR WAS, I THINK WE HAVE A A YEAH.

CHRISTIE AS A MOTION, A CLAIM LEAD AGENCY.

AND WAIT, WAIT, CHRISTIE AS A NO, NO, NO, NO, NO.

THAT'S NOT IT.

YES IT IS.

CHRISTIE.

IT'S, I WAS GONNA SAY IT WAS MADAM CHAIR.

WE MOVED TO DECLARE INTENT TO ACT AS LEAD AGENCY FOR SEEKER PURPOSES.

NO, NO, NO.

FIRST YOU'RE DENYING THE MOTION.

WE'RE DENYING WE WE'RE FOR INTERPRETATION.

A MOTION.

WE AGREE.

OR DO, ARE WE AGREEING OR ARE WE DENYING THE, UH, DETERMINATION MADE BY THE BUILDING INSPECTOR? ALRIGHT, I MOVE THAT WE, UH, AGREE, HAVE A MOTION TO AGREE WITH THE BUILDING INSPECTOR AND THAT THE SITE NEEDS A USE VARIANCE.

AND NOW THAT WE HAVE DONE THAT, IT APPEARS THAT WE HAVE ANOTHER MOTION THAT WE HAVE TO MAKE.

AND WHAT IS THAT MOTION? MS N UH, OH, I I MOVE THAT, UH, THE Z B A DEC DECLARE, UH, DECLARE ITS INTENT TO ACT AS THE LEAD AGENCY FOR SEEKER PURPOSES.

DO I HAVE A SECOND ON THAT? I SECOND.

AND THAT WILL BE PUT ON FOR THE NEXT MEETING AGAIN AT MAY 19TH.

NEXT CASE IS CASE 2205, UH, PROPERTY AT CLAREDON PLACE THAT IS ALSO ADJOURNED FOR ALL PURPOSES TO THE MEETING OF MAY 19TH.

NEXT CASE IS CASE 2201 ALBANA VELA PROPERTY OF 45 LAWTON AVENUE.

AND DO WE HAVE A MOTION ON THAT? YES, MADAM CHAIR.

UH, THE ISSUE BEFORE US ON THIS PETITION IS WHETHER THE PROPERTY LOCATED AT 45 LAWTON AVENUE HARSDALE NEW YORK IS A LEGAL NON-CONFORMING TWO-FAMILY DWELLING, OR WHETHER IT IS A ONE FAMILY DWELLING AND NEEDS A USE VARIANCE TO BE USED AS A TWO-FAMILY DWELLING.

I MOVED THAT THE APPLICATION IN CASE NUMBER 2201 BE GRANTED AS AN EXISTING TWO FAMILY DWELLING AND DOES NOT NEED A USE VARIANCE TO BE USED AS A TWO-FAMILY DWELLING.

DO I HAVE A SECOND? SECOND.

THAT ALL IN FAVOR? AYE.

AYE.

AND THE CHAIR VOTES.

AYE.

AND THE NEXT CASE IS CASE 2208 SCARSDALE? YES.

I'M SORRY.

WE DO SEEKER FOR THAT ONE.

OH NO WE DIDN'T.

I DON'T REMEMBER US DOING IT.

NO, WE KNOW WE HAVE INTENT TO THAT'S TRUE.

THE SEEKER FOR 2201.

WE AGREED.

WHAT DID WE UH, THIS IS FOR 2201 EVE? YES.

NO, FOR 22.

UM, THIS IS FOR AN INTERPRETATION.

I'M NOT SURE THAT SEEKER NECESSARILY.

GO ON .

SO 2208 IS ADJOURNED FOR ALL PURPOSES TO MEETING OF MAY 19TH, CASE 2209.

BABY.

UH, BOGA IS ALSO ADJOURNED FOR ALL PURPOSES TO THE MEETING OF MAY 19TH.

NEXT CASE IS CASE 2210 LEROY AND VIVIAN NEWMAN PROPERTY AT 13 SOUTHWOOD PLACE.

AND THAT ALSO IS ADJOURNED TO THE MEETING OF MAY 19TH.

THE NEXT CASE IS CASE 2211 ING LEE AT ONE 14 FERNDALE.

AND DO I HAVE A MOTION ON THAT? UH, YES.

MADAM CHAIR, I MOVE, EXCUSE ME, I DON'T WANNA INTERRUPT, BUT UH, YOU HAVE TO DO SEEKER.

UM, CASE NUMBER 2210, WHEREAS THE GREENBERG 11, I'M SORRY, 11 22 11.

WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.

[04:15:01]

AND DO I HAVE A MOTION? YES.

UH, MADAM CHAIR, I MOVE THAT THE APPLICATION IN CASE NUMBER 2211 BE GRANTED PROVIDED THAT THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILES, SAME WITH THE BUILDING DEPARTMENT.

CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED MARCH 15TH, 2022, SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.

PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN THE VARIANCE BEING GRANTED VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.

ONLY.

ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.

AND THE NEXT CASE WE HAVE ON TONIGHT'S AGENDA IS CASE 2212.

DARREN QUATO PROPERTY 26 HVA ROAD.

AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO C A COMPLIANT COMPLIANCE AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET OF CONSIDERATION.

AND I ALSO, I MOVE THAT THE APPLICATION IN CASE 2212 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE, SAME WITH THE BUILDING DEPARTMENT.

CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER AND CONFORMITY WITH THE PLANS DATED MARCH 15TH, 2022, SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.

PROVIDING THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.

THE VARIANCE BEING THE VARIANCE BEING GRANTED OR FOR IMPROVEMENT SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION ONLY.

ALRIGHT, BEFORE YOU LEAVE THERE, WE HAVE ONE MORE THING, UH, ON CASE.

GO BACK TO 2111.

THE REQUEST WAS TO WITHDRAW WITHOUT PREJUDICE THERE MAKING ANOTHER APPLICATION, SO, OH, OKAY.

WELL, GRANTED, WITHOUT PREJUDICE.

SO THE QUESTION IS NOW CAROL, AND OUR RULES AND REGS RULES OF PROCEDURE, IF I'M NOT MISTAKEN, ISN'T THERE AN 18 MONTH, UH, PROVISION IN THERE THAT YOU CAN'T MAKE ANOTHER APPLICATION WITHIN 18 MONTHS? UM, I THINK THE SAME APPLICATION.

I THINK IT SAYS THE SAME.

ALRIGHT, SO I I DON'T KNOW WHAT, I DIDN'T KNOW ANYTHING ABOUT THAT THEY'RE COMING BACK SO RIGHT.

BUT THEY NEVERTHELESS WERE REQUESTED.

SO YOU CAN EITHER GRANT THEM THEIR REQUEST WITHOUT PREJUDICE OR YOU CAN GRANT THE REQUEST WITH PREJUDICE WITH THE UNDERSTANDING THAT THEY WON'T BE ABLE TO COME BACK WITH A SIMILAR REQUEST WITHIN 18 MONTHS.

WITHOUT PREJUDICE FOR THEM TO COME BACK EARLIER.

YEAH, YEAH.

WELL, I DON'T KNOW WHY HE WITHDRAW, BUT YOU KNOW, WHY, WHY PUNISH HIM? OKAY.

I MEAN THAT'S, THAT'S YOUR DECISION.

SO YOU, YOU, I THINK YOU SHOULD PROBABLY RE-VOTE ON THAT.

YEAH, I'M, I'M ALRIGHT.

UM, OKAY.

CORRECTION IN, UH, THE RECORD WITH RESPECT TO CASE 2111, WE ARE GOING TO, UH, REDO THE VOTE ON THAT BECAUSE WE WERE NOT AWARE OF SOME OF THE REQUIREMENTS, UH, IN OUR CODE THAT MIGHT PROHIBIT, UM, OR CHANGE THE OUTCOME OF THE CASE.

SO WE ARE GOING TO REVOTE

[04:20:01]

ON IT.

AND WHEREAS THE APPLICANT HAS REQUESTED THE RIGHT TO WITHDRAW, THE QUESTION IS, DO WE WISH TO WITHDRAW WITH, WITH PREJUDICE, WHICH MEANS THAT THEY WOULD NOT BE ABLE TO COME BACK WITH THE APPLICATION WITHIN 18 MONTHS? AM I CORRECT? YES.

OR IS IT, OR IF IT'S WITHOUT PREJUDICE, THEY COULD COME BACK WITH THE APPLICATION, UM, AT SOME POINT WITHIN THAT PERIOD OF TIME.

SO HAVING INDICATED THAT, UM, DO WE HAVE A MOTION TO ALLOW THEM TO WITHDRAW WITH PREJUDICE OR DO WE HAVE A MOTION TO ALLOW THEM TO WITHDRAW WITHOUT PREJUDICE? I MOVE THAT THEY WITHDRAW WITHOUT PREJUDICE.

SECOND, IT ALL IN FAVOR? AYE.

AYE.

I VOTE NO, I OKAY.

, UH, CAN, CAN YOU VOTE THREE AGAINST ONE? FOUR FOUR? NO.

ALL RIGHT, MADAM, I'M SORRY, YOU WERE SAYING YOU GONNA CLOSE OR WE JUST LEAVE? NO, I DON'T, I WANT, I WANNA GO WATCH THE GATE.

I, I DON'T WANT YOU EVER TO LEAVE .

I WANNA GO WATCH THE GATES.

BUT I WILL TELL YOU WHAT, IF, IF WE GET BACK INTO, UH, CLOSE QUARTERS AGAIN, I WILL MAKE A CAKE AND WE WILL HAVE CAKE.

AH, LOOKING FORWARD TO YOUR CAKE.

SO IF SOMEBODY HAS A NICE THERMOSTAT, CAN BRING THAT ALONG, COFFEE WITH CAKE, I'LL SHOW UP JUST FOR YOUR CAKE.

HAVE A GOOD NIGHT EVERYBODY.

WELL, HOPEFULLY WE'RE GONNA HAVE SPRING NEXT WEEK BECAUSE I'M SO TIRED OF THIS COLD WEATHER.

I DON'T KNOW WHAT TO, I'M TELLING YOU, I'M TELLING YOU I'M STILL ON THE TWO BLANK.

TWO, TWO COMFORTER.