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AS WE, HEY CAROL, AS WE GET STARTED[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS ONLINE VIA ZOOM FINAL AGENDA THURSDAY, May 19, 2022 – 7:00 P.M. Due to the COVID-19 pandemic, this meeting will take place via Zoom. If you would like to participate in the public hearing, you must pre-register through the Department of Community Development and Conservation by emailing publichearing@greenburghny.com or calling 914-989-1531, specifying the application that you would like to speak on. Instructions to participate will then be emailed to you or you will receive a return phone call. ]
IN A FEW MOMENTS HERE, I'M JUST GONNA ASK YOU AGAIN TO, UM, JUST CALL OUT ROLL CALL OF THE ZONING BOARD.I JUST WANTED TO TELL EVE THAT DIANE IS, I DON'T THINK SHE'S COMING AND WILLIAM NEVER GOT BACK TO ME, SO I'M NOT SURE ABOUT HIM.
SO WE SHOULD HAVE FIVE, YOU ANTICIPATE FIVE MEMBERS.
I BELIEVE WE HAVE FOUR RIGHT NOW.
WE HAVE, UH, ROHAN, E UH, CHRISTIE AND LOU.
AND WHAT ABOUT SHAUNA? UH, SHAUNA HAS YET TO ARRIVE.
DO YOU THINK I SHOULD CALL HER OR, UM, YOU EVER A MINUTE? YEAH, YOU CAN CALL HER, UH, CHAIRWOMAN BUN SMITH 2022.
AND THIS IS THE ZONING BOARD OF APPEALS AND THE MEETING WILL NOW COME TO ORDER FOR THE TOWN OF GREENBURG.
WE HAVE EIGHT CASES THAT WERE SCHEDULED ON TODAY'S AGENDA, HOWEVER, CASE 2126 BLOOM ENERGY HAS REQUESTED AN ADJOURNMENT AND CASE 2205 OR HAS ALSO BEEN ADJOURNED TO JUNE 16TH, 2022.
AS OF RIGHT, PLEASE NOTE THAT THE NEXT ZONING BOARD WILL HAVE OUR REGULAR MEETING ON THURSDAY, JUNE 16TH.
PERHAPS AT THE SAME OR DIFFERENT TIME, DEPENDING ON WHAT THE LEGISLATURE DOES, UH, WHICH IS ALL TIED INTO THIS COVID PANDEMIC AS TO WHETHER OR NOT THEY'RE GOING TO HAVE US BACK IN PERSON AT TOWN HALL OR NOT.
AS USUAL, IF WE CANNOT COMPLETE HEARING ANY CASE TONIGHT, IT'LL BE ADJOURNED TO ANOTHER MEETING, HOPEFULLY TO BE COMPLETED AT THAT TIME, AS USUAL.
UM, ALSO TO SAVE TIME, WE WILL WAIVE A READING OF THE WAIVE, THE READING OF THE PROPERTY LOCATION AND THE RELIEF SOUGHT FOR EACH CASE.
HOWEVER, THE REPORTER WILL INSERT THAT INFORMATION IN THE RECORD AND THAT INFORMATION ALSO APPEARS ON THE AGENDA FOR TONIGHT'S MEETING.
AFTER THE PUBLIC HEARING OF TODAY'S CASES, THE BOARD WILL MEET IN THE ZOOM ROOM TO DISCUSS THE CASES WE'VE HEARD TODAY.
EVERYONE IS WELCOME TO LISTEN TO OUR DELIBERATIONS AT THAT TIME.
HOWEVER, THE PUBLIC IS NOT PERMITTED TO SPEAK OR PARTICIPATE DURING OUR DELIBERATIONS.
AFTER OUR DELIBERATIONS, WE GO BACK ON THE FORMAL RECORD TO ANNOUNCE THE BOARD'S DECISION AND FOR THAT TO BE PROVIDED TO THE COMMUNITY.
IF YOU'RE GOING TO SPEAK TONIGHT, PLEASE CLEARLY STATE YOUR NAME AND YOUR ADDRESS OR YOUR PROFESSIONAL AFFILIATION.
IF YOU'RE NOT A NAMED APPLICANT, PLEASE SPELL YOUR NAME FOR THE RECORD.
WE HAVE HEARD IN TESTIMONY ON SOME OF THE CASES AT PRIOR MEETINGS.
ALL PRIOR TESTIMONY IS ALREADY IN THE RECORD AND SHOULD NOT BE, UH, REPEATED.
TODAY'S FIRST CASE ON THE AGENDA IS CASE TO BE HEARD IS CASE TWENTY TWO OH FOUR SIX TWO FIVE DOBBS FERRY REALTY AT SIX TWENTY FIVE DOS FERRY ROAD.
AND I BELIEVE THE ARCHITECT WANTED TO BE HEARD THIS EVENING.
AND IF WE COULD KINDLY, UM, JUST,
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JUST BRIEFLY DO A ROLL CALL, CAROL MENTIONING THOSE MEMBERS THAT ARE BOTH PRESENT AND NOT PRESENT.IS CHRISTIE NACK HERE? LOUIS CRITCHLOW.
AND I WAS JUST, UH, TALKING TO, UH, SHAUNA AND SHE WAS GETTING ON, BUT I DON'T, I DON'T SEE HER.
SHAWNA'S NOT PRESENT AT THE MOMENT.
BUT SHE WILL BE ON, SHE'S TRYING AGAIN.
AND COULD YOU, THE REMAINDER OF THE BOARD, UM, WILLIAM BLAND IS NOT HERE.
SO FOR THE RECORD, WE HAVE FOUR MEMBERS HERE, UH, WITH TWO ZONING BOARD MEMBERS ABSENT, UH, W WILLIAM BLAND AND SHAUNA JENKINSON AND DIANE UBERLY IS THE, UH, THIRD THAT'S NOT PRESENT.
SO, UM, I BELIEVE THAT IT WOULD BE SAFE FOR ME TO SAY THAT WE WERE NOT PREPARED TO MAKE THE DECISION ON 2204 THIS EVENING, SO WE CAN GO FORWARD AND HAVE THE PRESENTATION MADE THAT THE APPLICANT WANTED TO PROVIDE TO US.
AND THEN IF ANY MEMBERS WHO HAVE, WHO ARE NOT HERE NOW, UM, WOULD BE ABLE TO THEN REVIEW THAT AND PERHAPS THEN JOIN IN THEIR VOTE IF THAT IS NECESSARY.
CHAIRWOMAN BUNTING SMITH, MAY I PROCEED? YES.
SO, AS YOU RECALL, MY NAME IS KEITH BUDINSKI.
I'M THE ATTORNEY FOR THE APPLICANT.
I HAVE ON THE ZOOM WITH ME THIS EVENING, JACK AHERN ON BEHALF OF THE APPLICANT AND OUR ESTEEMED ARCHITECT WHO WAS HOPEFULLY ABLE TO CALL, CALL IN HEKE SCHNEIDER.
UM, WANTED TO THANK THE BOARD FOR ITS TIME AND CONSIDERATION ON THIS APPLICATION THUS FAR.
AS YOU RECALL, AT THE LAST MEETING, THE BOARD ACKNOWLEDGED THAT IT RECEIVED OUR RESPONSES TO THE BOARD'S QUESTIONS, AND THE BOARD DECLARED ITS NOTICE OF INTENT TO ACT AS THE LEAD AGENCY UNDER CCRA.
THAT 30 DAY WAITING PERIOD HAS NOT EXPIRED YET.
SO AS THE CHAIRWOMAN EXPLAINED, UH, THE BOARD IS NOT ABLE TO TAKE ACTION TONIGHT.
WHAT WE WERE HOPING TO ACCOMPLISH TONIGHT, THEREFORE, IS SIMPLY TO PROVIDE A, A BRIEF RECAP VERY BRIEFLY, SINCE I KNOW THE BOARD HAS A LONG AGENDA OF, OF THIS APPLICATION AND FIND OUT IF THERE ARE ANY REMAINING QUESTIONS OR CONCERNS ON THE PART OF THE BOARD.
SO JUST TO BRIEFLY RECAP, FOR ANY BOARD MEMBERS WHO MIGHT NOT HAVE BEEN PRESENT AT THE LAST, MEANING IT'S A USE VARIANCE APPLICATION FOR A FARM MARKET AT AN EXISTING NURSERY AT SIX TWENTY FIVE DOBBS FERRY ROAD.
THE FARM MARKET'S APPROXIMATELY 4,000 SQUARE FEET, AND THE IDEA IS TO REMOVE TWO EXISTING GREENHOUSES AND IN THAT SAME AREA, CONSTRUCT A NEW BUILDING.
THE NEW BUILDING IS DESIGNED TO REPLICATE ONE OF THE APPLICANT'S, UM, EXISTING FARM MARKETS KNOWN AS CORTLAND FARM, UM, WHICH IS ALSO ON A STATE ROAD UP IN THE TOWN OF CORTLAND AND PROVIDE FRESH FRUIT AND VEGETABLES AND OTHER SIMILAR PRODUCTS TO THE, UH, TOWN'S RESIDENCE.
UM, THE, UH, STRUCTURE WOULD ALSO PROVIDE A DUAL USE, UM, AND SERVE AS A NEW CASHIER, UM, CASH REGISTER AREA FOR PEOPLE BUYING NURSERY ITEMS AS WELL AS THE, UH, THE FARM MARKET.
AND, UH, WE PROVIDED A TRAFFIC STUDY IN RESPONSE TO SOME, UH, PUBLIC COMMENTS INQUIRING ABOUT TRAFFIC.
THE TRAFFIC STUDY INDICATED THAT THERE REALLY WON'T BE ANY TRAFFIC ISSUES OR PARKING ISSUES AS A RESULT OF THE FAR MARKET, AND WE'RE HAPPY TO ANSWER ANY QUESTIONS OR REMAINING CONCERNS THAT THE BOARD MIGHT HAVE, AND WE LOOK FORWARD TO RECEIVING A DECISION IN JUNE.
I WOULD JUST LIKE TO NOTE FOR THE RECORD THAT Z B A MEMBER SHAUNA DANSON HAS ARRIVED.
CHAIR, CHAIR, MADAM CHAIR, YOU'RE ON MUTE.
UH, IS THERE, IS THERE ANY, UH, THING THAT YOUR ARCHITECT DID WANT TO, UM, CONTRIBUTE THIS EVENING OR NOT? UH, HAKE, IF YOU ARE ABLE TO CALL IN, UM, PLEASE FEEL FREE TO CHIME IN.
OTHERWISE, I KNOW THAT WE WALKED THE BOARD THROUGH THE SITE PLAN PREVIOUSLY AND,
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UM, WE HAVE NOTHING TO ADD.UM, AS FAR AS THE SITE PLAN IS CONCERNED, IT'S VERY STRAIGHTFORWARD.
THE NEW STRUCTURE IS DIMENSIONALLY CONFORMING, AND LIKE I SAID, IT, IT'S BEING PLACED IN THE SAME AREA AS TWO EXISTING GREENHOUSES.
UM, SO UNLESS THE BOARD HAS ANY SPECIFIC QUESTIONS ABOUT THE SITE PLAN, UM, WE'RE PREPARED TO, UM, TO MOVE FORWARD.
SO ANY BOARD MEMBER WISH TO, TO RAISE ANY QUESTIONS THEY HAVE THIS EVENING? AT THIS TIME, HEARING NONE, I ASSUME THAT THERE ARE NOT ANY CURRENTLY, SO THANK YOU.
THANK YOU VERY MUCH FOR YOUR TIME.
AND WE WILL GO ON TO CASE 2208 SCARSDALE GOLF CLUB.
AND WHO DO WE HAVE HERE THIS EVENING? GOOD EVENING, MADAM CHAIR, MEMBERS OF THE BOARD.
I'M WITH THE LAW FIRM OF MCCULLOUGH GOLDBERG AND STOUT.
UH, I HAVE WITH ME TONIGHT MATT SINO FROM THE CLUB.
ZACH PEARSON, OUR ENGINEER FROM INSIGHT, AND MIKE MCIC, OUR ARCHITECT FROM ROGERS MCCA.
UH, SO A AS YOU NOTED MADAM CHAIR, UH, WE'RE NOT LOOKING TO REPEAT TESTIMONY FROM LAST MONTH.
UH, BUT JUST AS A, A BRIEF REMINDER FOR THOSE IN ATTENDANCE, UH, SCARSDALE GOLF CLUB IS PROPOSING TO INSTALL TEMPORARY SEASONAL ENCLOSURES OVER TWO OF ITS EXISTING TENNIS COURTS.
UH, THIS IS GOING TO ALLOW FOR TENNIS PLAY YEAR ROUND, UH, WHICH THEY BELIEVE IS IMPORTANT TO KEEPING THEMSELVES COMPETITIVE, UH, WITHIN THE MARKET.
AND THEY'RE ALSO PROPOSING IN RESPONSE TO A REQUEST FROM NEIGHBORS SAFETY NETTING ALONG THEIR DRIVING RANGE, AS WELL AS ALONG THE, UH, EDGE OF THE 16TH GREEN ON OPPOSITE SIDES OF THE COURSE.
UM, THREE VARIANCES ARE NEEDED FOR THE TENNIS ENCLOSURE, AND THREE VARIANCES ARE NEEDED FOR THE NETTING COLLECTIVELY.
UH, IN RESPONSE TO SOME OF THE COMMENTS WE GOT AT LAST MONTH'S MEETING, WE DID SUBMIT, UH, AT THE, ALBEIT YESTERDAY, A LETTER FROM THE NETTING MANUFACTURER WITH REGARDS TO THE CONCERN ABOUT POTENTIAL IMPACTS TO BIRDS.
UH, WHAT THEY INFORMED US WAS THAT IN THEIR EXPERIENCE, THERE IS NO DANGER TO BIRDS FROM NETTING, WHICH IS VERY TYPICAL FOR GOLF COURSES.
AND IN FACT, THIS VERY KIND OF NETTING IS OFTEN USED FOR AVIARY ENCLOSURES.
UH, SO TO SOME EXTENT IT'S ALMOST BEEN DESIGNED WITH BIRDS IN MIND.
AND WE ALSO, UH, AS YOU KNOW, UH, WERE FOCUSED ON THE STORMWATER ISSUE THAT HAD BEEN RAISED BY ONE OF THE NEIGHBORS, AND WE DID HAVE A POSITIVE MEETING WITH JIMMY AND THE TOWNS ENGINEER ON THAT ISSUE.
UH, SO I'D BRIEFLY JUST LIKE TO TURN IT OVER TO ZACH PEARSON TO HIGHLIGHT THE STORMWATER SYSTEM.
AND, UH, THEN IF YOU HAVE ANY QUESTIONS FOR US, WE'RE MORE THAN HAPPY TO ANSWER THEM AS BEST WE CAN.
UH, MAY PERMISSION TO SHARE MY SCREEN? YES.
SO JUST AS A SUMMARY, UM, FOR THE STORMWATER, AND, AND WE DID DISCUSS THIS WITH JIM, UH, YESTERDAY, UH, WE HAVE A PERIMETER TRENCH DRAIN THAT ENCIRCLES, UH, THE TENT ENCLOSURE, GRADE BEAM AND THE, AND THE COURTS, UM, YOU KNOW, THAT THAT TRENCH DRAIN IS, UH, PROPOSED TO BE, UH, EIGHT INCHES WIDE.
YOU KNOW, WE, WE USED A WIDER THAN TYPICAL TRENCH TRAIN, UM, AT THE PERIMETER.
UM, AND WE ARE ALSO PROVIDING A, UH, A SWALE HERE ON THE OUTSIDE OF THE TRENCH TRAIN.
UM, AS AN ADDITIONAL MEASURE THERE, UH, STORMWATER IS BEING COLLECTED AND TREATED IN A DETENTION SYSTEM IN THIS LOCATION UNDER THE LOWER COURT.
UM, THAT WAS KIND OF THE SUMMARY OF WHAT WE TALKED ABOUT.
YOU KNOW, IT'S BEING TREATED IN ACCORDANCE WITH THE, UH, THE TOWN'S STANDARDS AND BELIEVE EVERYTHING'S TO BE SATISFACTORY.
SO, AND, AND I CAN SAY, YOU KNOW, JIM INDICATED THAT HE FELT THE SYSTEM, UH, MET WHAT THE TOWN WAS LOOKING FOR, SUCH THAT, UH, SUCH THAT THERE WOULDN'T BE ANY, UH, NEGATIVE IMPACTS FROM THE PROPOSED ENCLOSURES.
UH, SO, UH, IF YOU HAVE ANY QUESTIONS FOR US, UM, PLEASE LET US KNOW.
WE SEEM TO HAVE ANOTHER BOARD MEMBER PRESENT.
NOW IS, IS THE, UM, THE FLOOD MITIGATION MEASURES, IS THAT JUST FOR THE, THE COURTS THAT WE, WE JUST SAW DEMONSTRATED? OR IS THAT SOMETHING THAT IS DONE FOR BOTH THE UPPER AND THE
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LOWER THAT IS FOR BOTH THE UPPER AND THE LOWER COURTS? UH, WELL, THE, AND IT'S THE SAME SYSTEM, OR NOT? IT'S THE, IT'S THE TWO COURTS THAT THE TENNIS ENCLOSURE'S GOING OVER, PLUS THE LOWER AREA, WHICH IS PAVED, WHICH USED TO BE A PRACTICE COURT.AND IT'S THE SAME TYPE OF SYSTEM FOR BOTH.
IT'S, IT'S THE, IT'S ONE SYSTEM FOR BOTH THE COURT WHERE THE ENCLOSURE IS AND UNDERNEATH THE PRACTICE COURT TO THE EAST.
AND ZACH, JUST AS A POINT OF CLARITY, WE'RE SAYING THAT THIS IS THE SYSTEM FOR THE LOWER TENNIS COURTS AND THE PRACTICE COURTS, WHICH ARE NOW PROPOSED FOR PICKLEBALL, CORRECT? NOT FOR THE UPPER RIGHT TENNIS COURTS.
SAY THAT AGAIN,
SO THE, THE PROPOSED SYSTEM TREATS THIS, THIS LOWER COURTS HERE WHERE THE, WHERE THE, UH, THE ENCLOSURE'S GONNA GO PLUS THIS LOWER PRACTICE AREA HERE CURRENTLY, NOW THERE'S NO THE, THE WATER SHEETS OFF OF THE COURTS AND GOES DOWN INTO THE NORTH OR TO THE EAST.
UM, THIS UPPER BANK OF COURTS HERE, THERE'S NO PROPOSAL TO COLLECT THAT WATER.
IT'S, IT'S WHERE WE'RE DOING THE PROPOSED IMPROVEMENTS TENANT ENCLOSURE PLUS THE LOWER PRACTICE COURT IN THIS AREA.
SO THE, THE UPPER COURT THAT'S IN EXISTENCE NOW, YOU'RE SAYING THERE'S, THERE'S NO, UH, THERE IS OR IS NOT MITIGATION OF THE WATER.
IT'S NOT PROPOSED TO GO INTO THIS SYSTEM.
SOME MAY COME OFF IN THIS DIRECTION AND GET INTO THE SWALE, SOME MAY GET INTO THE TRENCH DRAIN.
I MEAN, THE TRENCH DRAINS WILL BE THERE, UM, YOU KNOW, YEAR ROUND, WHETHER REGARDLESS OF WHETHER THE ENCLOSURE'S THERE OR NOT.
UM, YOU MAY GET A LITTLE BIT OF WATER THAT COMES OFF OF THIS SIDE AND GETS INTO THIS TRENCH DRAIN.
UM, BUT THE, THESE THREE COURTS WE'RE NOT PROPOSING TO CAPTURE THOSE.
SO IN OTHER WORDS, THE WATER ON THOSE THREE COURTS IS CAPTURED SEPARATELY OR NOT? YES.
UM, I'M NOT SURE IF THERE'S ANY SYSTEM AROUND THOSE COURTS TO CAPTURE, I THINK, I THINK WHAT WE'RE GETTING AT IS WE ARE MITIGATING AND CAPTURING FROM THE WORK THAT WE'RE PROPOSING IN THIS PROJECT.
I'M JUST WONDERING WHAT THE DUAL EFFECT IS OF WHATEVER WATER IS COMING FROM THE UPPER COURT TO THE SYSTEM THAT YOU'RE NOW DESIGNING FOR THE, UM, FOR THE NEW COURT, I GUESS I'D CALL IT.
LIKE I SAID, I THINK WE, WE WILL CAPTURE SOME OF THIS WATER HERE ALONG THIS EDGE.
WE'LL GET DOWN INTO THIS TRENCH DRAIN, BUT THE, I BELIEVE THESE COURTS SHED IN THIS DIRECTION.
SO ZACH, I THINK THAT THE POINT IS THE SYSTEM WE'RE DESIGNING WILL NOT HAVE ANY ISSUES, UH, BY VIRTUE OF ADDITIONAL WATER POTENTIALLY SHOOTING OFF THE UPPER COURTS.
OR, OR FLOWING, UH, OFF, OFF OF THE PROPERTY LINE ITSELF, EITHER.
I WOULD, I WOULD IMAGINE, YES.
UH, MADAM CHAIR, MAYBE YOU COULD REPHRASE THE QUESTION.
YEAH, I'M NOT SURE I FOLLOWED THAT.
WELL, SOME OF WHAT WE'RE LOOKING AT SEEMS TO BE VERY CLOSE TO THE, THE PROPERTY LINE.
SO I'M SAYING IS THERE ANY CONCERN ABOUT, RIGHT.
SO, BUT THERE'S NO IMPROVEMENT THAT THAT COULD BE SOMETHING THAT, DEPENDING ON THE, THE NATURE OF, BECAUSE SOME OF THE STORMS WE'VE HAD LATELY HAVE BEEN REALLY QUITE DRAMATIC.
IS THAT SOMETHING THAT THE ADJACENT PROPERTIES WOULD BE AFFECTED BY? OH, SO, UH, OH, I'M SORRY, ZACH, GO AHEAD.
STEVE, YOU START, I, I WAS GONNA SAY THE, THE SHORT AND SIMPLE ANSWER IS BECAUSE WE ARE DESIGNING TO MITIGATE THE SYSTEM AND, AND THE ENGINEER FOR THE TOWN REVIEWED FOR THIS, WE ARE ENSURING THAT WE'RE NOT GOING TO CREATE ANY NEGATIVE IMPACTS TO THE ADJACENT PROPERTIES.
YOU'RE RIGHT, WE HAVE HAD HEAVY STORMS, AND NOT ONLY ARE WE NOT CONTRIBUTING TO THAT, BUT WE THINK, UH, BY VIRTUE OF ADDING THIS TRENCH DRAIN, WHICH WILL BE IN PLACE ALL YEAR ROUND, YOU'RE LIKELY GOING TO SEE A NET BENEFIT TO THE NEIGHBORING PROPERTY.
RIGHT NOW, THIS, THESE LOWER COURTS JUST SHEET ACROSS TOWARDS THE PROPERTY LINE.
SOME OF THE WATER GETS INTO THIS, THIS EXISTING DRAIN, SOME OF IT MISSES AND JUST GOES DOWN THE SLOPE.
SO WE'RE PROPOSING TO CATCH EVERYTHING AT THE TOP, HOLD IT BACK IN A DETENTION SYSTEM HERE, AND THEN PIPE IT TO AN EXISTING PIPE THAT GOES DOWN THE HILL.
ANY OTHER QUESTIONS THAT THE BOARD HAS? NO.
SHAUNA, YOU'RE NOT, YOU'RE MUTED.
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I HAD, IT TOOK ME A WHILE, NOW YOU'RE OUT.UM, MY QUESTION IS, WHERE IS THE SPINE OF THE BUBBLE? DOES THE SPINE OF THE BUBBLE RUN ABOVE THE NETS IN THAT DIRECTION? WHICH WOULD MEAN THAT ALL THE WATER WOULD COME SIDEWAYS DOWN TOWARDS THE SIDE THAT HAS THE PARKING GARAGE? OR DOES THE SPINE GO THE OTHER DIRECTION AND THE WATER SHEEPS TO THE SIDES? I DON'T KNOW IF I'M PHRASING IT CORRECTLY.
AND OBVIOUSLY THE BUBBLE HAS A SPINE
SO WHICH WAY DOES THE SPINE RUN? UH, IS MIKE MCIC? IS THAT A QUESTION YOU'RE ABLE TO ANSWER? UH, I'M MIKE MCIC IS ROGER MCC.
AND THERE, THERE REALLY ISN'T A SPINE.
I MEAN, THE, THE AREA, I THINK IF YOU LOOK AT THE PLANT AGAIN, IT'S ALMOST SQUARE AND IT'S LITERALLY A BUBBLE.
SO IT COMES ON ALL FOUR SIDES.
IT'S NOT LIKE A GABLE, TYPICAL GABLE ROOF WHERE YOU WOULD ONLY HAVE IT COMING DOWN ON TWO SIDES, COMES DOWN ON ALL FOUR E EVEN A BUBBLE WITH FOUR CORNERS WOULD HAVE THINGS FLOWING.
'CAUSE IT'S NOT A SMOOTH SURFACE, IT'S NOT A SMOOTH BUBBLE, I ASSUME.
SO YOU'RE SAYING IT'S JUST THE OF SNOW FROM THAT ONE SIDE SIDE, EACH WILL FLOW ON ITS OWN SIDE? CORRECT.
AND THE OTHER QUESTION I HAD IS, SO TENNIS COURTS THAT ARE NOT COVERED, AND I THINK YOU ANSWERED IT BEFORE, ARE, ARE IMPERVIOUS THAT THEY'RE, THEY'RE LIKE A SHEET ANYWAY.
IT'S NOT THAT WE'RE L ABSORBENT LAND.
THE TENNIS COURTS NORMALLY DON'T ABSORB WATER.
I THINK THERE'S MY GUY OR ZACH, I DON'T KNOW IF YOU WANT TO ANSWER THAT.
I I I COULD TAKE IT SO, SO HARD.
TRUE IS A, IS A, IS AN IMPERIOUS SURFACE.
IT, THERE IS SOME ABSORPTIVE QUALITIES TO IT, AND OUR REPORTS DID TAKE THAT INTO ACCOUNT.
UM, YOU KNOW, IT DOES, IT DOES GET WATERED FROM TIME TO TIME, AND IT DOES, IT DOES ACT LIKE A HARD SURFACE FROM TIME TO TIME.
SO, UM, YEAH, IT ESSENTIALLY, IT'S AN IMPERVIOUS SURFACE.
AND WE DID MODEL IT THAT WAY AS A SEMI IMPERVIOUS SURFACE.
AND IN THE PROPOSED CONDITION, WE MODELED ALL OF THE AREA AS A HUNDRED PERCENT IMPERVIOUS TO CONSERVATIVELY SIZE THE SYSTEM.
AND, AND SORRY FOR THIS LAST QUESTION, BUT WHAT MADE YOU CHOOSE THESE TWO COURTS INSTEAD OF THE HIGHER COURTS WHICH AREN'T AS CLOSE TO THE PROPERTY LINE? SO THE CHOICE HERE WAS DRIVEN BY, UH, I SUPPOSE YOU COULD CALL IT A BALANCING, UM, OF IMPACTS AND PLANNING.
AND THE ISSUE WITH THE HIGHER COURTS IS THAT THEY'RE ACTUALLY CLOSER TO THE RESIDENTIAL PROPERTIES AND WE, AND THEY'RE AT A HIGHER ELEVATION, SO IT WOULD MAKE THEM MUCH MORE VISIBLE TO THE RESIDENCES ON HARTSDALE AVENUE.
UH, AND IT WAS DECIDED BY THE CLUB THAT THAT WOULD BE SOMETHING THEY'D LIKE TO MITIGATE AS MUCH AS POSSIBLE.
UH, AND THEN THE OTHER BENEFIT OF THE LOWER COURTS FROM AN EMERGENCY ACCESS PERSPECTIVE IS THE PRACTICE COURT AREA.
THAT'S GOING TO BE TURNED INTO THE PICKLE COURT.
PICKLE BALL COURT IS ALSO GOING TO BE USED AS A STAGING AREA FOR EMERGENCY SERVICES.
SO, UH, HAVING THAT EMERGENCY ACCESS WE ALSO BELIEVE WAS GOING TO GO AND, UH, WORKED WELL WITH THIS LOCATION.
ANY OTHER QUESTIONS FROM THE BOARD? IS THERE ANYONE IN THE AUDIENCE WHO HAS ANY COMMENTS OR QUESTIONS WITH REGARD TO THIS APPLICATION? MR. JOHN LOVELESS, MA MADAM CHAIR, MEMBERS OF THE BOARD? MY NAME IS JOHN LOVELESS, I'M THE ATTORNEY FOR THE HARTSDALE PUBLIC PARKING DISTRICT.
I'M WITH THE FIRM OF BLAKELY PLAT AND SCHMIDT AND WHITE PLAINS.
I APPRECIATE YOUR TIME, AND I'M NOT GONNA REPEAT THE ISSUES THAT I RAISED AT THE PRIOR MEETING, AND I DO APPRECIATE BOTH THE TOWN ENGINEERS AND THE APPLICANT'S EFFORTS TO TRY AND MITIGATE THE ADVERSE EFFECTS.
BUT I, I, I WANT TO, I JUST WANT TO RAISE A COUPLE OF QUICK POINTS AND I WANNA SORT OF JUMP ON WHAT, UH, MEMBER JENKINSON WAS SAYING A MINUTE AGO.
I BELIEVE THAT THE, THE BUBBLE IN WHAT SHE WAS CALLING THE SPINE WOULD RUN ALONG THE NECK.
THAT HAS TO BE THE HIGHEST POINT OF THE BUBBLE AND THE, IT TAPERS OFF IN OPPOSITE DIRECTIONS.
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CONCERN IS THAT TAPERS OFF RIGHT AT THE POINT WHERE THEY'RE SEEKING AN APPLICATION TO BE SIX INCHES, SIX FEET, I APOLOGIZE, FROM THE PROPERTY LINE AT A POINT WHERE THERE'S A PRECIPITOUS DROP.SO IT'S VIRTUALLY AT THAT, THE TOP CORNER.
THERE'S VIRTUALLY NO LAND THERE TO ABSORB ANY ADVERSE IMPACTS FROM SNOW OR ICE SHEETING OFF OF A BUBBLE THAT'S GONNA BE HEATED AND CAUSING SNOW AND ICE TO SHEET OFF.
AND, AND OUR CONCERN AS, AS IT RELATES TO THE FIVE FACTORS THE BOARD WILL CONSIDER IS THERE ARE ALTERNATIVES THAT WOULD RESULT IN LESSER VARIANCES OR LESSER IMPACTS, INCLUDING POSSIBLY REORIENTING.
THESE TWO COURTS, THEY'RE MAKING THREE COURTS INTO TWO COURTS.
AND WE'RE, WE'RE NOT AGAINST THE BUBBLE.
WE'RE NOT AGAINST, YOU KNOW, THE VARIANCE.
WE JUST NEED TO MAKE SURE THAT, THAT OUR PROPERTY IS ISN'T HARMED BY, BY THIS APPLICATION SO CLOSE TO THIS PROPERTY LINE.
AND WE JUST HAVEN'T SEEN ANYTHING THAT, THAT CALMS THESE FEARS.
AND WE WEREN'T, WE WEREN'T PRIVY TO ANY OF THESE ALTERATIONS THAT WERE, WERE, YOU KNOW, THAT WERE SUBMITTED TO THE TOWN.
EITHER THE CLUB NOR COUNCILS REACHED OUT TO US IN THE INTERIM AND DISCUSSED THIS, WE, WE'D HOPE THEY WOULD HAVE.
SO I'D JUST LIKE TO SAY THAT WE, WE DO THINK THERE ARE ALTERNATIVES TO THIS LOCATION AND THIS ORIENTATION OF THE COURTS.
WE DO THINK THAT THERE'S NO DEBATE THAT THAT SEEKING TO GO FROM A 25 FOOT SETBACK TO A SIX FOOT SETBACK ON THIS STEEP INCLINE IS SUBSTANTIAL.
AND AT THIS POINT, WE, WE HAVE TO BE IN OPPOSITION TO THIS AS PROPOSED.
ANYONE ELSE? MADAM CHAIR, IF THERE'S NO ONE ELSE FROM THE PUBLIC, UH, MAY I RESPOND TO A FEW OF THOSE COMMENTS? YES.
UH, SO JUST TO CLARIFY A FEW POINTS, UH, I, I'M NOT SURE WHAT ALTERATIONS, UH, MR. LOVELESS IS REFERRING TO.
THIS IS THE SAME STORM WATER SYSTEM THAT WAS SUBMITTED TO THE BOARD BACK IN FEBRUARY.
UH, AND ZACH, YOU CAN CORRECT ME IF I'M WRONG, BUT THIS IS THE SAME STORM STORMWATER SYSTEM THAT WAS CIRCULATED TO THE PARKING DISTRICT AT THE END OF LAST YEAR.
AS MR LOVELESS KNOWS, THERE'S BEEN AN OPEN INVITATION FOR MEETINGS OR SIDEWALKS WITH THE PARKING DISTRICT, UH, SINCE THEN, THEY'VE NOT TAKEN THE CLUB UP ON THAT.
BUT I THINK THAT'S NOT
UH, WITH REGARD TO REORIENTING THE COURTS AND TURNING TWO COURTS INTO THREE, I'M NOT SURE WHAT THAT REFERS TO.
THE PRACTICE COURT IS GONNA BE CONVERTED TO PICKLEBALL COURTS.
UH, THAT MAY BE THE CASE, BUT WE'RE NOT EXPANDING BEYOND THE LIMITS OF THE EXISTING COURTS.
WE'RE NOT MOVING THE COURTS ANY CLOSER TO THE PROPERTY LINE THAN WHAT'S THERE NOW.
AND WITH REGARDS TO THE BALANCING TEST, IT, THE NEGATIVE IMPACT THAT THE PARKING DISTRICT IS WARY OF IS STORM WATER RUNOFF AND POTENTIAL IMPACTS TO FLOODING, WHICH IS A REASONABLE CONCERN AND ONE THAT WE WANNA MAKE SURE WE'RE ADDRESSING PROPERLY.
SO WE DESIGNED A THOROUGH STORM WATER SYSTEM USING A TRENCH DRAIN THAT'S TWICE THE SIZE OF A STANDARD TRENCH DRAIN.
AND WE HAD IT THOROUGHLY REVIEWED WITH A SW AND CALCULATIONS INCLUDED BY THE TOWNS ENGINEER.
AND WHAT MR. MEEN CAME BACK AND SAID TO US IS THAT THIS SYSTEM CHECKS OUT, IT SHOWS THAT THERE'S NOT GOING TO BE ANY NEGATIVE IMPACT TO YOUR NEIGHBORS.
THERE'S NOT GOING TO BE ANY INCREASED RATE OF RUNOFF.
AND WE BELIEVE IN THE SUMMER MONTHS IN PARTICULAR WHEN THERE'S NO ENCLOSURE UP, BUT THAT TRENCH DRAIN IN THE STORMWATER SYSTEM IS IN PLACE, IT BENEFIT TO OUR NEIGHBORS BECAUSE WE'RE CAPTURING AND TREATING STORM WATER THAT CURRENTLY SHEETS ANY WAY IT WANTS TO WITHOUT A SYSTEM IN PLACE.
UH, SO WE FEEL VERY STRONGLY THAT THE BENEFITS TO THE CLUB STRONGLY OUTWEIGH ANY POTENTIAL NEGATIVE IMPACTS BECAUSE FRANKLY, THERE AREN'T ANY THAT HAVE BEEN SHOWN.
IS THERE ANY COMMENT YOU WANT TO MAKE IN THE, THE, THE, I DON'T WANNA TAKE TOO MUCH OF THE BOARD'S TIME.
I KNOW THE AGENDA IS, BUT MY POINT WAS THEY'RE MAKING THREE COURTS INTO TWO COURTS, NOT TWO COURTS, INTO THREE COURTS.
SO I THOUGHT WITH THE REDUCTION IN THE COURTS THAT THERE, THERE WAS A, AN OPPORTUNITY TO, UH, REORIENT THE TWO COURTS GOING IN THE OPPOSITE DIRECTION, WHICH WOULD ADDRESS, ADDRESS BOTH THE, THE SHAPE OF THE DOME AND THE TAXING OF THE SYSTEM.
BUT I, YOU KNOW, I DON'T WANNA QUIBBLE BEFORE THE BOARD.
IS THERE ANY POSSIBILITY THAT YOU AND THE APPLICANT CAN SOMEHOW VET OUT THE, THE ISSUES THAT YOU
[00:30:01]
HAVE SO THAT THERE COULD BE SOME, UM, MEANS OF AGREEMENT REACHED? BECAUSE WE ARE HEARING FROM THE APPLICANT THAT THE TOWN ENGINEER FEELS THAT THE PROPOSAL WOULD WORK.YOU'RE SAYING THAT, UH, YOU DON'T BELIEVE THAT IT WILL, BUT YOU HAVEN'T PRESENTED US WITH ANY INFORMATION TO SUPPORT THAT.
SO I'M WONDERING IF THERE'S SOMETHING THAT, UH, CAN BE DONE SO THAT REALLY, UH, YOU, THAT THE, YOUR, YOUR CLIENT WOULD BE SATISFIED BECAUSE I CAN UNDERSTAND THE CONCERN.
WELL, MA, MADAM CHAIR, THE, THE ISSUE I HAVE IS NOT WITH THE, THE CALCULATIONS OF THE STORMWATER SYSTEM.
I, I DO BELIEVE THE CALCULATIONS ARE CORRECT AND, AND I DON'T WANNA REPEAT WHAT I SAID AT THE LAST MEETING.
MY CONCERN IS THAT SNOW SLOUGHING OFF OF THIS STRUCTURE WON'T ORDERLY AND, AND, YOU KNOW, COOPERATIVELY FLOW INTO AN EIGHT INCH STRING.
SO, AND YOU KNOW, I, SO I UNDERSTAND THE, AND IT WAS MY UNDERSTANDING THAT THE SWALE WAS INSERTED TO TRY AND ADDRESS THAT, BUT IT DOESN'T GO TO THE POINT THAT WE'RE MOST CONCERNED OF.
UM, COUNCIL REPRESENTS THAT NO ADVERSE EFFECTS WILL HAPPEN, THAT WILL IMPROVE THE THING.
I DON'T, YOU KNOW, TIME WILL TELL, BUT IT'S A SENSITIVE AREA, IT FLOODS TODAY.
SO THAT PUTTING A BUBBLE ON THAT IS SOMETHING THAT, THAT THE DISTRICT REMAINS UNCONVINCED AND, AND WE SAY THAT THEY'RE THE APPLICANT WITH THE BURDEN HERE TO PROVE THAT THIS IS APPROPRIATE AND NECESSARY TO MOVE THIS CLOSE TO THE END IS SOMETHING THAT WE'RE AGAINST.
THE BOARD WILL VOTE AS IT WILL.
UM, I'M CURIOUS TO KNOW ONE QUESTION.
WHEN YOU SAY IT FLOWS TODAY, ARE YOU SAYING THAT IT FLOWS TO A POINT WHERE IT'S HAVING ANY IMPACT ON YOUR CLIENT'S PROPERTY OR NOT? MY CLIENT'S PROPERTY IS REPEATEDLY IMPACTED, YOU KNOW, FROM, FROM IT FLOW FROM THEIR PROPERTY OR JUST BY THE NATURE OF, UH, WHETHER IT'S FROM A, FROM A NUMBER OF DIFFERENT SOURCES.
BUT IT DOES COME DOWN THAT HILL, THAT SYSTEM IS OVERTAXED AS IT EXISTS TODAY.
I BELIEVE MR. HARRISON, YOU HAD A QUESTION.
I WAS GONNA SAY, CAN YOU RE REORIENT THE, THE, UM, THE, THE TWO COURTS? UM, WOULD THAT ALLEVIATE THE NEED FOR THE SETBACK VARIANCE FROM 25 TO SIX FEET? UH, UH, I, I, I DON'T KNOW IF I, I I DON'T KNOW WHAT IMPACT THAT WOULD HAVE.
I, I CAN TELL YOU THAT IT APPEARS THAT THE COURTS SIT ON A FAIRLY SQUARE PLATFORM, AND IF THEY WERE TO BE REORIENTED, I IMAGINE THE PLATFORM WOULD STAY THE SAME.
UH, I ALSO KNOW THAT THIS BUBBLE HAS TO BE OF A CERTAIN SIZE TO ACCOMMODATE PLAY.
SO YOU NEED TO ACHIEVE A CERTAIN HEIGHT AND A CERTAIN LENGTH IN ORDER TO HAVE THE BALLS BARK PROPERLY.
UH, I WOULD NOTE IT SOUNDED FROM WHAT MR. LOVELESS SAID, LIKE THE PARKING DISTRICT'S PRINCIPAL CONCERN, I THINK HE SAID, UH, WAS NOT THAT THE MATH DIDN'T CHECK OUT, BUT THAT, UH, SNOW BUILDUP WOULD CAUSE WATER TO, I SUPPOSE, FLOW IN A WAY DIFFERENT THAN HOW OUR STORMWATER CALCULATIONS, UH, CATEGORIZE IT.
UH, WHAT I CAN TELL YOU IS NOT ONLY IS THE CLUB COMMITTED TO REMOVING THE SNOW AS NEEDED AND PUTTING IT INTO, UH, SNOW STORAGE AREAS AS NEEDED SO THAT IT CAN MELT AND FLOW INTO THE SYSTEM PROPERLY.
AND NOT ONLY ARE WE WILLING TO MAKE THAT A CONDITION OF APPROVAL, BUT THEY HAVE TO DO IT BECAUSE WHAT HAPPENS, AS I UNDERSTAND IT, IS THAT THE SNOW BUILDS UP ON THE EDGES OF THE BUBBLE.
IT PUTS PRESSURE ON THE BUBBLE AND THE BUBBLE COLLAPSES.
SO THEY CAN'T ALLOW SNOW TO BUILD UP OR THEY CAN'T HAVE THE BUBBLE ON THE PROPERTY.
SO IT'S IN EVERYONE'S BEST INTEREST TO HAVE THE SNOW REMOVED, UH, IN A TIMELY FASHION SO THAT IT CAN MELT AND DRAIN INTO THE PROPOSED DRAINAGE SYSTEM.
IT YEAH, AND YOU KNOW, I'M SURE ZACH CAN SPEAK IN GREATER DETAIL, UH, IF, IF HE WOULD LIKE HIM TO, MY, MY, MY ONE CONCERN IS THAT THE POINT THAT IS MOST SENSITIVE AND MOST OF MOST CONCERN TO THE DISTRICT, THERE'S NO SPACE FOR THE ACCUMULATION OF SNOW.
ANY SNOW THAT BUILDS UP WILL RUN DOWN THE HILL ONTO OUR PROPERTY.
THERE'S REALLY NO, THERE'S NO SIX FOOT LEVEL PLATEAU, THERE'S NO THREE FOOT LEVEL PLATEAU FOR SNOW TO REMAIN FOR ANY PERIOD OF TIME.
IF IN A HEAVY SNOW STORM, THE SLOW THE SNOW SLOUGHS OFF THAT STRUCTURE, IT WILL FLOW DOWNHILL TOWARDS OUR, OUR DISTRICT.
AND WE WANNA MAKE SURE THAT THE SNOW THAT MELTS AND COMES OFF THAT BUBBLE REMAINS ON SITE AND ENTERS THE SYSTEM.
[00:35:01]
AT THE POINT, AT THE SIX FOOT POINT, THAT'S OUR CONCERN, IS WE, WE HAVEN'T SEEN ANYTHING TO CONVINCE US THAT THAT'S THE, THAT THAT'S NOT AN ISSUE AND THAT THAT WON'T HAVE AN ADVERSE ON OUR PROPERTIES, AND THAT'S WHY WE REMAIN AGAINST IT AS PROPOSED.MADAM CHAIR, I JUST, MADAM CHAIR, I JUST DID WANNA NOTE THAT I, I APPRECIATED YOUR QUESTIONS WITH REGARDS TO THE UPPER COURT AND, UM, ONE THING THAT I WOULD NOTE IS THAT, UM, THAT THAT DID STRIKE ME AS A, AS A VERY SITE PLAN ORIENTED COMMENT.
I THINK IT WAS A GOOD COMMENT AND QUESTION.
I JUST WANT TO, UM, NOTE THAT THERE WILL BE PROCESS BEYOND THIS ZONING BOARD IF THE ZONING BOARD APPROVES THESE, THESE VARIANCES.
AND, UM, IF THAT IS THE CASE, I WILL BE WORKING WITH THE APPLICANT AND THE TOWN BOARD THROUGH THE SITE PLAN PROCESS TO SEE IF THERE'S AN OPPORTUNITY FOR, UH, A SMALL BERM OR PERHAPS A TRENCHED DRAIN ON THAT OTHER COURT, UH, OF WHICH THERE IS NO PROPOSAL THERE.
UM, I JUST, YOU KNOW, THERE'S NO CONNECTION TO THAT COURT AND THIS PROPOSAL, BUT I DO APPRECIATE THE COMMENT AND IT'S SOMETHING I WILL WORK WITH THE APPLICANT ON AND THE TOWN BOARD IF THIS, UH, APPLICATION IS THE RECIPIENT OF VARIANCES AND MOVES FORWARD.
I'M JUST WONDERING, IS THERE ANY PHYSICAL WAY BY WHICH THE SNOW COULD BE CAPTURED? BECAUSE IF IT'S DOESN'T FALL TO A PLATEAU OR HAVE SOMETHING THAT DIRECTS IT NOT TO CONTINUE SIMPLY GOING DOWN TO THE, UH, PARKING AUTHORITY PROPERTY, UM, EVEN WITH THE BEST OF INTENTIONS, I'M NOT SURE HOW YOU WOULD BE ABLE TO STOP THAT, YOU KNOW, USING SAY, MANPOWER.
SO ZACH, I DON'T KNOW IF YOU WANNA SPEAK TO THE SNOW REMOVAL PROGRAM OR MATT SURE.
IF YOU WANNA SPEAK TO THE GROUNDSKEEPING EFFORTS, UH, BUT MAYBE WE'LL START WITH YOU ZACH.
SO AS, AS STEVEN MENTIONED, YOU KNOW, THE, THESE ENCLOSURES NEED TO HAVE SNOW REMOVED AS SOON AS IT SHEDS OFF AND IN, IN EVERY DIRECTION.
SO, AND AGAIN, WE'RE TALKING ABOUT SNOW, WE'RE NOT TALKING ABOUT RAIN.
SO IF IT, IF THE RAIN WERE TO ROLL, IF IT WERE TO RAIN, IT WOULD GO DOWN AND GET INTO THE TRENCH DRAIN, AND IF IT WAS SNOW, IT WOULD SLOUGH OFF AND GET ON TOP OF THE TRENCH DRAIN AT WHICH TIME WE SHOWED THE, THE, THE SNOW STORAGE AREAS WHERE THE CLUB WOULD'VE TO ACTIVELY MAINTAIN THE PERIMETER OF THE ALL FOUR SIDES OF THE ENCLOSURE TO MAKE SURE THAT SNOW DOES NOT PRESS AGAINST AND PUT PRESSURE AGAINST THE, THE ENCLOSURE.
SO THAT, THAT, THAT, THAT'S WHY WE, THAT'S WHY WE USED IN, IN THIS, IN THIS CASE, YOU KNOW, WE'VE DONE OTHER ENCLOSURES FOR OTHER CLUBS IN OTHER MUNICIPALITIES.
WE'VE USED A FOUR INCH TRENCH DRAIN, WHICH IS A PRETTY STANDARD WIDTH OF A TRENCH DRAIN.
KNOWING THE SENSITIVITY OF WHERE THIS ENCLOSURE IS AND WHAT'S, WHAT'S BARE, YOU KNOW, WITH A PROPERTY LINE THAT'S CLOSE AND A SLOPE THAT'S CLOSE, WE UPSIZE THE TRENCH DRAIN TO AN EIGHT INCH WIDE TRENCH DRAIN.
AND, AND WE, YOU KNOW, THE CLUB IS, IS COMMITTED TO HAVING A SNOW STOR.
THEY HA WELL, THEY HAVE TO HAVE A SNOW STORAGE OR A SNOW REMOVAL POLICY TO REMOVE THE SNOW FROM ALL FOUR SIDES OF THE ENCLOSURE.
YOU KNOW, DURING SNOWSTORMS. AND, AND, AND GOING BACK TO, UH, PREVIOUS COMMENTS ABOUT THE SIZE OF, YOU KNOW, THIS IS THIS ENCLOSURE BEING PUT OVER THREE EXISTING COURTS THERE OR THERE, THERE'S THREE EXISTING COURTS AND THE ENCLOSURE IS GOING OVER TWO OF THEM.
SO THERE IS A THIRD COURT THAT'S THERE THAT DOES NOT GET ENCLOSED.
SO WE END UP ESSENTIALLY WITH WHAT WOULD'VE BEEN A RECTANGLE DOWN TO A SQUARE.
SO I DON'T DIMENSIONALLY, YOU KNOW, WE COULD TALK TO THE ARCHITECT, BUT I THINK IF YOU WERE TO SPIN THE COURTS, I THINK YOU GET THE SAME EXACT ENCLOSURE SIZE.
EITHER WAY YOU DO IT WITH THE CORNERS IN THE SAME SPOT.
SO, YOU KNOW, WE, WE WERE SENSITIVE NOT TO GO FOR A THREE QUART BUBBLE AND WE LEFT OURSELVES ROOM ON, YOU KNOW, AS WE GOT CLOSER TO THAT PROPERTY LINE AND THE PINCH POINT.
SO, UM, I, I DON'T KNOW IF THAT CLEARS UP ANY QUESTIONS, BUT THAT, UH, THANKS ZACH.
I, I THINK AT THE END OF THE DAY, OUR LICENSED ENGINEER HAS PUT TOGETHER A, AN EXPERT STORMWATER PLAN, AND THAT'S BEEN REVIEWED BY THE TOWN'S EXPERT LICENSED ENGINEER WHO FOUND IT TO BE A CREDIBLE PLAN THAT MET THE TOWN'S STANDARDS.
AND I, I APPRECIATE THAT THE DISTRICT MAY BE UNCONVINCED, BUT AS YOU STATED MADAM CHAIR, WE'VE YET TO SEE ANY EXPERT EVIDENCE CONTRARY TO THE FINDINGS OF THE TOWN.
ARE THERE ANY OTHER COMMENTS FROM ANY OTHER AUDIENCE MEMBERS? OKAY, WE WILL TAKE WHAT WE'VE HEARD UNDER ADVISEMENT AND, UM, GO FROM THERE.
AND THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 2209.
[00:40:01]
I BELIEVE THAT THERE IS, UH, SOMETHING THAT WE WERE EXPECTING FROM THE APPLICANT.I DON'T KNOW IF WE HAVE IT OR NOT.
MADAM CHAIR, I DID NOT RECEIVE A SONY SECRETARY.
I DID NOT RECEIVE A REVISED PLAN THAT WOULD HAVE BEEN CORRECTED.
SO IS THERE, IS THERE ANYONE HERE ON BEHALF OF THE APPLICANT? IS THERE ANYONE HERE THAT HAD, CAN YOU GIVE, I'M SORRY, CAN YOU GIVE THE, IS IT, IS THAT FOR 1 32 BRUSSELS STREET? YES.
UH, NUMBER FIVE ON THE AGENDA.
I DIDN'T KNOW THAT IT WAS, UM, THAT I DON'T HAVE THE CASE NUMBER IN FRONT OF ME.
UM, I DID SEND OVER A REVISED PLAN AND I CAN SCREEN SHARE IT WITH YOU AS WELL.
KYLE, DID YOU FORWARD THAT THE CORRECTED PLAN TO ME? I DID.
I SHOULDN'T BECAUSE I EMAILED YOU BACK AND WHAT YOU SENT, THE MEASUREMENTS WERE NOT CORRECT.
ANTHONY OLI REVIEWED IT AND THE MEASUREMENTS WERE TAKEN, UH, FROM THE EASEMENT AND IT NEEDS TO BE TAKEN FROM THE PROPERTY EDGE OF THE PROPERTY PROPERTY LINE.
AND I EMAILED YOU AFTERWARDS BACK TELLING YOU THAT I NEEDED A REVISED PLAN.
LET ME JUST LOOK AT THE PLAN THAT I HAVE BECAUSE I'M, WHEN, WHEN DID YOU SEND YOUR PLAN, MA'AM? DO YOU KNOW EXACTLY WHEN? TODAY WHAT TIME? UM, CAROL, EIGHT 15.
I HAD SENT YOU AN EMAIL AFTER THAT.
I REVIEWED IT, UH, WITH THE BUILDING INSPECTOR ANTHONY, ZACH ROWLEY, AND HE TOLD ME THIS WAS NOT ACCEPTABLE BECAUSE THE, UH, YOUR ARCHITECT TOOK THE MEASUREMENTS FROM THE EASEMENT, NOT FROM THE PROPERTY LINE.
SO THE NUMBER THAT YOU SUBMITTED OF REDUCTION IS NOT CORRECT FROM HERE TO HERE, THE 4.6 AND THE SEVEN BOOK, I'M, I'M READING IT, IT AS FROM THE PROPERTY LINE, SEVEN FEET ABOVE.
IN THE INTEREST OF TIME, DO YOU WANNA SHARE SCREEN AND MAKE YOUR PRESENTATION? OKAY.
IS IT SHARING ON THE SCREEN? OH, SORRY.
THE SEVEN FEET ABOVE IS FROM THE PROPERTY LINE RIGHT HERE.
THE PRO YOU DON'T SH YOU DON'T SEE THE SCREEN, YOU HAVE TO HIT THE TAB.
I DON'T, I DON'T, I DON'T THINK YOU HIT.
IS IS THE TAB, IS IT SHOWN THE PLAN SHOWN YOU? IT SAYS YOU, YOU ARE SHARING NOW.
SO IF YOU LOOK AT THE SEVEN FEET RIGHT THERE ABOVE, THIS IS THE PROPERTY LINE RIGHT HERE.
AND THAT'S SEVEN FEET FROM THE PROPERTY LINE.
THIS IS THE PROPERTY LINE, THAT'S THE 4.6 TO THE GARAGE.
DO YOU SEE THAT? SO THIS IS THE EASEMENT LINE AND THAT'S THE NEIGHBOR'S PROPERTY, NOT PART OF THIS PROPERTY.
THIS IS THE PROPERTY LINE RIGHT HERE FOR RUSSELL.
AND THE SEVEN FEET IS FROM HERE TO HERE.
AND THE 4.6 IS FROM HERE TO HERE.
WE ACTUALLY WENT IN PERSON AND MEASURED IT.
THERE'S A MARKER ON THE FLOOR RIGHT HERE.
SO WE KNOW THAT THESE ARE CORRECT.
CAN, CAN EVERYONE HEAR ME? YES, WE CAN HEAR YOU, BUT OKAY.
SO THIS IS THE, THE NEW SITE PLAN.
THE OLD ONE DIDN'T GO ALL THE WAY TO THE GARAGE RIGHT HERE FOR THE REMOVAL OF THE DRIVEWAY, BUT THE VARIANCE AMOUNTS THAT WE'RE REQUESTING ARE STILL THE SAME AS BEFORE.
THE ONLY CHANGE HERE IS THAT WE WENT OVER TO THE GARAGE WITH THE REMOVAL OF THE ASPHALT INSTEAD OF RIGHT UP TO THE PROPERTY LINE.
SO THAT WAS THE CHANGE FOR THIS ONE.
UM, IS ANTHONY, ARE YOU IN AGREEMENT WITH THOSE LINES? IS THAT WHAT YOU HAD AN ISSUE WITH OR WAS IT SOMETHING ELSE? UM, I THINK ANTHONY, ZACH SHOULD SPEAK TO THIS.
YEAH, SO, SO THE PLAN THAT WAS FORWARDED WAS DIFFICULT
[00:45:01]
TO SEE, AND THEY SAID THAT THE NEW SETBACK WAS GONNA BE 9.5, AND I TOLD CAROL THAT THE NEW SETBACK COULD NOT BE 9.5.THAT WASN'T THE NEW SETBACK FOR THAT, THAT WAS CUTTING OF THE DRIVEWAY AT THE BOTTOM RIGHT THERE.
SO THAT DOESN'T REQUIRE, THE CUTTING OF THE DRIVEWAY IS NOT WHAT IT, IT'S NOT THE, SO THE VAN FOR THE GARAGE IS STILL GONNA SIT AT THE, UH, YOU KNOW, 4.6 FEET AND IN THE FRONT FOR THE DRIVEWAY, IT'S STILL AT ZERO.
IT'S, IT'S, UM, ACTUALLY POINT, UH, 0.69 POINT 0.5 OR SIX INCHES, ACTUALLY 9.5 FEET AT THE BOTTOM OF THE DRIVEWAY.
SO, SO IT'S 0.5, SO IT'S SIX INCHES.
SO, SO I, I THINK NOW THE BOARD UNDERSTANDS WHAT'S, WHAT'S PERFORMED AS FAR AS THE SETBACKS.
SO, UM, SHOULD I GO FORWARD WITH THE REST OF, UM, WHAT I WANTED TO DISCUSS TODAY? SURE.
OBVIOUSLY WE HAVE MICHAEL STEIN FROM HU HUDSON ENGINEERING HERE WITH US TODAY.
HE'S GONNA SPEAK AS TO THE TOPOGRAPHY OF THE PROPERTY, SLOPED, VERY SLOPED, EXTREMELY SLOPED.
UM, AND WE'LL GO, WE'LL GET INTO THAT IN A LITTLE BIT.
UM, AGAIN, WE'VE PRESENTED THE REVISED SITE PLAN, CUTTING BACK A LITTLE BIT MORE OF THE DRIVEWAY.
UM, WE ALSO INCLUDED EARLIER ENGINEER OPINION AS TO, UM, THE TOPOGRAPHY AND A LITTLE BIT MORE INFORMATION ON THE PROPERTY.
AND WE'VE ALSO PRESENTED VARIOUS LETTERS FROM THE ABUTTING NEIGHBORS, INCLUDING, UM, THE NEIGHBOR OF TWO MONTANA.
UH, NONE OF THESE NEIGHBORS ARE IN OPPOSITION WITH GRANTING OF THE VARIANCE, UM, WHICH IS A GREAT THING.
UH, AND THEN I JUST WANTED TO DISCUSS A LITTLE BIT FURTHER.
I KNOW I DIDN'T GET INTO ANY OF THIS LAST MEETING THAT WE WERE HERE, UM, BUT WE, I'M JUST GONNA MAKE A COUPLE OF POINTS HERE ABOUT THE GRANTING OF THE VARIANCE.
UH, THE GRANTING OF THE VARIANCE WILL NOT RESULT IN A DETRIMENTAL, WOULD NOT BE A DETRIMENT TO NEARBY PROPERTIES AND WILL NOT ADVERSELY IMPACT THE CHARACTER, PHYSICAL OR ENVIRONMENTAL CONDITIONS OF THE NEIGHBORHOOD.
UM, BECAUSE OBVIOUSLY WE'RE ARGUING THAT WE'RE LEGALIZING A GARAGE THAT'S BEEN IN EXISTENCE, WE WANNA SAY FOR, YOU KNOW, 40 PLUS YEARS, UM, A TIME PRIOR TO THE EXISTENCE OF SOME OF THE SURROUNDING HOMES, INCLUDING THE HOUSE OF WORSHIP.
THAT IS THE, THE STRUCTURE ON THE SIDE OF THE GARAGE.
SO THE GARAGE HAS BEEN IN PLACE PRIOR TO THE BUILDING OF THAT STRUCTURE, AND THEN ALSO INCLUDING TO THE ABUTTING PROPERTY OF TWO MONTANA.
THE GARAGE HAS BEEN IN PLACE PRIOR TO THAT ENTIRE DEVELOPMENT UP ON MONTANA.
ALL OF THE FRONTAGE WOULD BE UP TOP THIS WAY.
THIS IS THE PROPERTY TO MONTANA, BUT THE FRONTAGE IS ON MONTANA, NOT RUSSELL OR JUNIPER HILL.
UM, AND THIS GARAGE HAS BEEN IN EXISTENCE PRIOR TO ANY OF THOSE HOMES.
AND THEN AGAIN, I MENTIONED THAT, UH, THE SURROUNDING, INCLUDING A BUDDING NEIGHBORS, UM, SIGNED SOME LETTERS SAYING THAT THEY'RE NOT IN OPPOSITION TO THE GRANTING OF THE GARAGE VARIANCE.
UM, I, I WANTED MICHAEL STEIN TO SPEAK TO THE EFFECT OF ONE OF THE REASONS WHY NOT GRANTING THIS VARIANCE WOULD JUST REQUIRE, WOULD BE A DETRIMENT.
OBVIOUSLY WE'D HAVE TO, YOU KNOW, TAKE DOWN THE GARAGE, BUT WE HAVE LOOKED INTO IN DISCUSSING IT WITH HIM, OTHER PLACES ON THE PROPERTY OF POSSIBLY PLACING A GARAGE OR MOVING IT AND WHICH IS ONE OF THE REASONS WHY HE'S INVOLVED HERE.
THAT'S THE FIRST THING I DID AFTER THE INTERVIEW.
AND KYLE, UH, IF I MAY INTERRUPT FOR A MOMENT, UM, IF THE, THE, IF I CAN TAKE DOWN, UH, AND PUT UP THE, AND GOOD EVENING EVERYONE.
UH, MICHAEL STEIN WITH HUDSON ENGINEERING.
DID I UNSHARE? YEAH, IF I, IF I COULD BE ALLOWED TO SHARE.
SO ONE OF THE THINGS I'M GOING TO EMPHASIZE IS OUR OFFICE.
SO ONE OF THE THINGS OUR OFFICE DID WAS LOOK AT PROPERTIES IMMEDIATELY IN THE VIS THE VICINITY OF WHERE THIS PROPERTY IS.
UM, SPECIFICALLY LOOKING AT SEPARATION FROM DRIVEWAYS TO PROPERTY LINES.
UM, STRUCTURES OR, UH, DETACHED STRUCTURES ARE PROPERTY LINES.
[00:50:01]
CAN SEE, THE PROPERTIES THAT WE'VE IDENTIFIED, EVERYTHING, UM, ACROSS THE STREET, EVERYTHING WITH THE RED HATCHING ACROSS FROM THIS AREA, DOWN TO ALL THESE AREAS, TWO PROPERTIES, UM, UH, DOWN PROPERTY FROM IT.THEY ARE, THEY HAVE GARAGES, THEY HAVE DRIVEWAYS THAT ARE IMMEDIATELY ON THE PROPERTY LINE OR WITHIN THAT 10 FOOT SETBACK.
THIS IS VERY SUBSTANTIAL WHEN YOU CONSIDER THE MERITS OF THIS APPLICATION.
THIS DOES NOT CHANGE ANY CHARACTER OF THE NEIGHBORHOOD.
THIS GARAGE, THIS DRIVEWAY HAVE BEEN PREEXISTING PRIOR TO ANY OTHER DEVELOPMENT IN THE AREA THAT IS IMMEDIATELY AFFECTED.
ALL THE PROPERTIES ON MORGAN HAVE BEEN CONSTRUCTED IN 2000 OR LATER.
THE TEMP, THE CHAPEL WAS CONSTRUCTED IN 2000, UH, 1996.
SO NONE OF THESE PROPERTIES HAVE BEEN AFFECTED BY THIS EXISTING STRUCTURE, WHICH IS EXTREMELY IMPORTANT TO EMPHASIZE.
AND WE SUBMITTED A, A VERY DETAILED REPORT, UM, GOING THROUGH, UH, EACH OF THOSE PROPERTIES.
WE SUBMITTED, SUBMITTED A PROPERTY CARDS FOR EACH OF THOSE PROPERTIES WHEN THOSE PROPERTIES WERE ACTUALLY CONSTRUCTED AND DEVELOPED.
WE CAN GO THROUGH EACH ONE OF THOSE.
UM, EVERYTHING ON EVERYTHING ON MORGAN, IT WAS DATED 2000 OR LATER.
UM, WE WENT THROUGH AN ANALYSIS OF THE EXISTING PROPERTY ON RUSSELL AT 1 32.
THE MAJORITY OF THE SITE IS COMPRISED OF STEEP SLOPE OR STEEP SLOPE, VERY STEEP SLOPE AND EXCESSIVELY STEEP SLOPE.
ANY, ANY MOVEMENT OF THE GARAGE WILL RESULT IN DISTURBANCE OF STEEP SLOPES.
ANY RELOCATION OF THE DRIVEWAY WOULD INCREASE THE, THE STEEPNESS OF THE DRIVEWAY WOULD DISTURB EITHER EXCESSIVELY STEEP OR STEEP SLOPES.
SO WHERE THE DRIVEWAY, OR WHERE THE DRIVEWAY AND GARAGE ARE CURRENTLY LOCATED IS THE MOST APPROPRIATE PLACE ON THIS PROPERTY.
UM, I, I'VE ACTUALLY WENT, UH, UM, A STEP FURTHER AND I PULLED UP SOME OF THE, SOME OF THE VARIANCES THAT HAVE BEEN GRANTED.
UM, ACTUALLY THERE WAS ONE THAT WAS GRANTED IMMEDIATELY, UH, ACROSS THE STREET AND, UM, IT WAS CASE NUMBER 12 0 2 AND THE ADDRESS IS 1 25 RUSSELL STREET.
UM, THERE WAS ACTUALLY, I'D JUST LIKE TO QUOTE, UH, WHAT THE BOARD FOUND AFTER GRANTING THE VARIANCE.
UM, AND I QUOTE, THEY, THEY SAY THERE ARE OTHER GARAGES SIMILARLY CLOSE TO THE SIDE, LOT LINE ON OTHER PROPERTIES IN THE NEIGHBORHOOD, INCLUDING THE LOT ADJOINING THE PROPERTY LINES ADJOINING THE PROPERTY LINES RIGHT NEXT DOOR TO THE ABUTTING 1 21 25.
NOW, AGAIN, THIS IS DIRECTLY ACROSS THE STREET ON RUSSELL STREET.
UM, THERE WERE OTHER CASES AS WELL WITH VERY SIMILAR AND MUCH LESS VARIANCES GRANTED.
UM, AND THEN AS FOR THE, THE FOURTH NOTE THAT I WANTED TO MENTION ABOUT THE SELF-CREATED HARDSHIP, UM, I WOULD ESSENTIALLY LIKE TO ARGUE THAT IT WAS NOT SELF-CREATED BECAUSE IT WASN'T BUILT BY MY BROTHER WHO'S THE CURRENT OWNER, MR. VOLGA.
UM, AND DURING OUR LAST BOARD MEETING, WHEN WE SIT AND LISTEN TO THE COMMENTS SECTION, I DID HEAR SOME OF THE BOARD MEMBERS MENTION THAT PURCHASING WITH THE STRUCTURE WOULD, WOULD HAVE BEEN SOMETHING THAT'S SELF-CREATED.
SO I WILL ARGUE TO THAT POINT.
UM, AND I WOULD LIKE TO MENTION SOME OF THE CASES IN WHICH THE BOARD APPROVED THE VARIANCE AND MENTION THAT BECAUSE THE APPLICANT'S DIFFICULTY WAS SELF-CREATED DOES NOT BY ITSELF MANDATE DENIAL OF A VARIANCE.
AND DID IN FACT, GRANT THE VARIANCE, THE SPECIFIC CASE NUMBERS ARE 12 DASH OH 3 0 9 DASH 27 17 DASH 34, 19 DASH 27, AND 18 DASH 28.
AND ALL OF THOSE CASES THAT I MENTIONED WERE FOR THE LEGALIZATION OR THE CONSTRUCTION OF A GARAGE.
AND ALL THE VARIANCES HAVE BEEN GRANTED FOR THOSE, UM, IN THE NEIGHBORHOOD BY THE TOWN OF GREENBERG.
NO, THERE WAS ALSO A POINT THEY MENTIONED.
[00:55:01]
I ALSO EMPHASIZE IN LOOKING AT THE MAP THAT WE PREPARED THAT THERE'S A COMPARISON OF THE OTHER LOTS.YOU HAVE THE OTHER 20 LOTS IN THE IMMEDIATE VICINITY OF THIS PROPERTY WITHIN THE, THE R 7.5 DISTRICT.
THERE ARE 20 LOTS IN WHAT WE PROPOSED OR, OR WHAT WE HAVE SHOWN AND SUBMITTED OUT OF THOSE 20 LOTS, 15 OF THEM DO NOT COMPLY WITH THE SIDE YARD SETBACKS FOR EITHER DRIVEWAY OR GARAGE OR BOTH.
SO THAT, THAT I, THAT'S IN ADDITION TO OUR OWN, THE OWN PROPERTY THAT WE'RE REPRESENTING AT 1 32 RUSSELL.
SO THERE'S 20 LOTS THAT WE'RE SHOWING WITHIN THIS MAP THAT ARE IMMEDIATELY ADJACENT.
15 DON'T COMPLY, 16 IS DISOWNED PROPERTY.
SO THERE'S ONLY THREE THAT ACTUALLY DO COMPLY.
ARE ANY OF THOSE TWO STORIES THAT WE WERE, WE'RE NOT ABLE TO ANALYZE FROM THE COUNTY G I S.
BUT THE, THE GARAGE THAT IS LOCATED THERE IS NOT, UH, I I WOULD ARGUE THAT IT'S NOT TWO STORY, IT'S A STORY AND A HALF BECAUSE OF THE WAY THE ROOF LINE FITS.
ONLY THREE PROPERTIES ARE, OR ACTUALLY, I'M SORRY, FOUR PROPERTIES AND A AS OUTLINED WITHIN OUR REPORT.
UM, THERE IS THE CHAPEL, WHICH THERE IS A SUBSTANTIAL BUFFER BETWEEN THERE AND THIS PROPERTY.
THERE'S TWO MORGAN, TWO MORGAN, WHERE THE HOUSE IN THE HOUSE IS ON MORGAN ARE CITED DIRECTLY ON MORGAN.
THEY'RE NOT LOCATED ONTO RUSSELL STREET.
SO THERE IS REALLY, THE SETBACKS FROM THOSE PROPERTIES TO THIS STRUCTURE ARE, ARE VERY SUBSTANTIAL.
THE LOT THAT'S TO MORGAN THERE IS, IF THEY EVER EVEREST ATTEMPTED TO SUBDIVIDE, NUMBER ONE, THEY'RE IN THE P O D DISTRICT, WHEREAS REST OF THE PROPERTIES ARE IN THE 7.5 R 7.5 DISTRICT, THIS LOT WOULD NOT MEET THE, THE LOT WITH REQUIREMENT.
AND THAT WAS PART OF OUR, OUR REVIEW IS THAT THERE IS NOTHING THAT COULD BE DEVELOPED ON THAT PORTION OF THE LOT.
THE HOUSE HAS ALREADY DEVELOPED AT TWO MORGAN WITH FRONTAGE AND THE DISTANCE FROM THAT HOUSE TO WHERE THIS STRUCTURE IS, IS QUITE SUBSTANTIAL.
UM, YOU'RE LOOKING AT THE, THE OTHER HOUSE ON RUSSELL, WHICH IS NOT VISIBLE OR THE, THE GARAGE IS NOT VISIBLE TO THE HOUSE ON TO RUSSELL BECAUSE IT, THE HOUSE ON RUSSELL IS SUBSTANTIALLY LOWER AND YOU, YOU, YOU CAN'T SEE THE GARAGE FROM THAT POINT.
WELL, IT, IT'S, IT'S, IT'S NOT JUST THE, THE SIZE OF THE GARAGE THAT I ASKED ABOUT THE SECOND FLOOR, IT'S THE WAY IN WHICH IT WAS BUILT.
THE ALMOST AS THOUGH YOU WOULD HAVE ACCESS TO GET TO THAT, UH, WHAT YOU CALL SECOND OR OR HALF FLOOR THAT'S ABOVE IT FOR WHATEVER USE ONE WANTED TO PUT IT, UH, TO, AND IT'S A FAIRLY, SEEMS TO BE A FAIRLY LARGE, UH, SPACE.
UM, MY CONCERN IS THAT SINCE THIS IS A TECHNICALLY AT THIS POINT AN ILLEGAL STRUCTURE, IF WE WERE TO SIMPLY SAY, OKAY, YOU CAN HAVE THE VARIANCE, IT WOULD ALMOST GIVE THEM THE RIGHT TO MAKE USE OF IT OTHER THAN FOR WHAT YOU'RE TERMING AS QUOTE JUST A GARAGE BECAUSE THERE'S A, THERE'S ACCESS TO GO UP TO USE THAT, UH, THAT LOFT AREA FROM THE OUTSIDE.
AND, UM, SO I WOULD JUST LIKE TO ADD, UM, I I WOULD JUST LIKE TO, YEAH, WE, WE DEFINITELY UNDERSTAND YOUR CONCERN.
THERE'S NOTHING THAT CAN BE BROUGHT TO THAT SPACE.
AND IN FACT, THE PREVIOUS OWNERS WHO HAVE HAD IT FOR OVER 40 YEARS TO HAVE USED IT AS STORAGE.
SO IT WAS, IT, IT IS MUCH LOWER.
AND BECAUSE I MENTIONED 1 25 DIRECTLY ACROSS THE STREET, THAT GARAGE IS JUST AS HIGH AS THIS GARAGE AND THERE'S AN ENTIRE PATIO ABOVE IT.
UM, SO I JUST, I, I WOULDN'T SEE A DIFFERENCE IN THIS GARAGE AND THAT GARAGE GARAGE AS FAR AS HIKE.
UM, AND THEN AGAIN, IF IT HASN'T BEEN USED AS SUCH, ESPECIALLY BY THE PREVIOUS OWNERS, I DON'T SEE IT BEING USED AS ANYTHING OTHER THAN JUST STORAGE SPACE BECAUSE OF THE DORMER, UM, YOU KNOW, EFFECT YOU, YOU KIND OF HAVE TO CROUCH THE ENTIRE WAY IN THERE
[01:00:01]
EXCEPT FOR THROUGH LIKE THE CENTER, DIRECT CENTER PART OF IT.I'M FIVE FOOT TALL, SO I FIT IN ANYTHING, BUT YOU KNOW, ANYONE TALLER THAN ME IS GOING TO BE CROUCHING.
UM, AND, AND I WAS CROUCHING WHEN I WENT INTO THE SIDES TO GET SOME OF THE THINGS OUT TO CLEAN UP AND, YOU KNOW, EVEN THE, THE CENTER AREA.
SO I, I REALLY, I UNDERSTAND YOUR CONCERN, BUT I DON'T SEE HOW ANYONE COULD USE IT FOR ANYTHING OTHER THAN STORAGE.
THERE, THERE ARE NO UTILITIES.
WELL, AS WE KNOW, PEOPLE CAN DO A LOT OF THINGS IF THE, IF THE NEED ARISES.
AND CERTAINLY THERE'S BEEN, UH, ISSUES REGARDING, YOU KNOW, HOUSING, AVAILABLE HOUSING THAT ARE DEVELOPING IN OUR AREA.
SO WE WANT, HOWEVER WE WANNA PROVIDE THAT, BUT WE ALSO WANT IT TO BE SAFE.
HOWEVER, IN THIS STRUCTURE, YOU, YOU DO NOT HAVE ANY WATER OR SEWER SERVICES INTO THE STRUCTURE.
SO THIS IS NOT A HABITABLE STRUCTURE.
THERE WOULD BE, THERE WOULD NEED TO BE A SUBSTANTIAL CHANGE INTO THE CONSTRUCTION TO ALLOW TO PROVIDE FOR A BATHROOM THAT WOULD NEED TO CONNECT TO THE TOWN'S WATER AND SEWER SYSTEM.
SO THAT THAT'S SOMETHING THAT IS NOT A MINOR CHANGE, THAT IS A SUBSTANTIAL CHANGE THAT WOULD BE REQUIRED.
SO I GUESS THE ONE, AND I DON'T KNOW IF THE APPLICANT WANTS TO ADDRESS THIS QUESTION, BUT COULD THERE BE, UM, YOU KNOW, A CONDITION THAT IT WOULD NOT BE USED FOR ANY, UH, ANY HABITABLE PURPOSE? YEAH, WE, WE HAVEN'T EVER STATED THAT IT COULD BE USED FOR A HABITABLE PURPOSE.
I MEAN, YOU, YOU, YES, WE WOULD AGREE TO YOU MAKING THAT CONDITION.
BUT THE PROPERTY, THE PROPERTY IS BEING SOLD EVE.
I KNOW, RIGHT? AM I CORRECT? YES.
THEY'RE TRYING TO SELL IT AT LEAST
I'M, IF YOU MADE IT A CONDITION THAT IT CAN'T BE USED AS CAPITAL SPACE.
AND I KNOW GREENBURG BECAUSE WHEN I'M THERE I SEE THE GREENBERG, YOU KNOW, INSPECTORS AND CARS DRIVE BY AT LEAST, YOU KNOW, ONCE OR TWICE A DAY.
UM, IT'S VERY, YOU CAN SEE IT FROM THE STREET AND I'M SURE THAT, YOU KNOW, THE NEIGHBORS MAY MENTION IF SOMETHING WAS GOING ON IN THAT AREA, UM, I WOULDN'T IT BE ABLE TO FOLLOW, I MEAN, THEY WOULD GET A VIOLATION IF, IF IT WAS USED AS ANYTHING ELSE.
IT'S JUST LARGE ENOUGH THAT'S A USEFUL FOR, FOR ANYTHING ELSE.
IT'S JUST REALLY NOT LARGE ENOUGH TO USE FOR ANYTHING ELSE BUT STORAGE, HONESTLY, I MEAN, I UNDERSTAND THERE ARE CONCERNS WITH THAT, BUT IT IS JUST STORAGE RIGHT ABOVE A GARAGE.
THERE IS, AS, AS, UH, MICHAEL MENTIONED BEFORE, NO UTILITIES, NO WATER LINES, NO SEWER LINES AND, AND SUBSTANTIAL MONEY, TIME, EFFORT IN ORDER TO TRY TO CONVERT SOMETHING TO BE HABITABLE, WHICH IS JUST GARAGE SPACE RIGHT NOW, IT JUST DOESN'T MAKE ANY SENSE.
IT WOULD COST WAY TOO MUCH TO DO ANYTHING TO THAT WAY TOO MUCH.
TODAY IS NOT WAY TOO MUCH TOMORROW.
THAT'S, THAT'S ALWAYS A POSSIBILITY.
BUT I MEAN, JUST SPACE WISE, SPACE WISE AND MONEYWISE, UH, I THINK IT'S ACTUALLY WAY MORE TOMORROW.
THAT IT'S NOT JUST A, A SMALL CONNECTION.
IT'S NOT LIKE ADDING A BATHROOM TO AN EXISTING HOUSE.
YOU'RE, YOU'RE TALKING, YOU HAVE A BUILDING THAT'S A DETACHED BUILDING.
SO IT WOULD BE LIKE PUTTING A, PERHAPS A POOL HOUSE IN.
ANY OTHER QUESTIONS ON THE BOARD? ANY COMMENTS FROM THE AUDIENCE? OKAY, THANK YOU.
THE NEXT CASE ON TONIGHT'S AGENDA IS LEROY AND VIVIAN NEWMAN.
THAT'S CASE 2210 PROPERTY AT 13 SOUTHWOOD PLACE.
SO, UM, JUST FROM WHERE THINGS LEFT OFF LAST MONTH, SO THE BUILDING, THE BUILDING DEPARTMENT CAME BACK AND GAVE A DETERMINATION THAT THE ADDITIONAL VARIANCE WAS NOT REQUIRED.
SO WE'RE BACK HERE SIMILAR TO LAST MONTH.
IF THERE'S ANYTHING MORE I NEED TO PRESENT, PLEASE LET ME KNOW.
BUT, UH, AGAIN, THE BUILDING DEPARTMENT DETERMINED THAT NO ADDITIONAL VARIANCES WERE REQUIRED IN ADDITION TO WHAT THEY'VE PREVIOUSLY IDENTIFIED.
[01:05:01]
DOES ANYONE HAVE ANY QUESTIONS? MY BOARD IS VERY QUIET TONIGHT.HOPEFULLY THAT MEANS I'M DOING A GOOD JOB.
ANYONE IN THE AUDIENCE WANNA ADDRESS THIS CASE? OKAY, WE WILL MOVE ALONG THEN.
AND THE NEXT CASE IS OUR FIRST NEW CASE OF, OF TONIGHT, WHICH IS XAVIER XAVIER PROPERTY AT 1 72 HAMPTON DRIVE, WHITE PLAINS.
I'M THE ARCHITECT FOR, UM, MR. AND MRS. XAVIER, UH, THE OWNERS OF THE PROPERTY AT, UH, 1 72, UH, NORTHAMPTON DRIVE.
WE WOULD LIKE TO, UM, WE WOULD LIKE TO ASK THE BOARD, UH, FOR AN APPROVAL FOR, UH, VARIANCE FOR A REDUCTION OF THE FRONT SETBACK.
UM, THE, UM, THE HOUSE IS LOCATED IN THE R 20, UH, ZONE.
UM, AND UM, WE WOULD LIKE TO ADD A FRONT PROTOCOL, UM, WHICH WILL ENCROACH INTO THE PERMITTED SETBACK.
SO THE EXISTING, OH, DO YOU THINK I COULD SHARE THE SCREEN? ACTUALLY, IT WOULD BE EASIER PROBABLY.
SO, UM, THIS IS OUR, UM, SET OF DRAWINGS.
UH, SO THE EXISTING HOUSE AS IT IS RIGHT NOW, AND I'M GOING TO ZOOM IN INTO THIS SITE PLAN, UM, DOESN'T, DOESN'T HAVE ANY, UM, ANY COVERED, UH, ENTRANCE OR, OR DOESN'T OFFER ACTUALLY, UH, ANY PROTECTION FROM THE ELEMENTS FOR THE OWNERS AND, UM, DOESN'T ACTUALLY HAVE ANY DEFINITION OF THE, UM, OF THE ENTRANCE AS IT IS RIGHT NOW.
SO WITH OUR PROTOCOL WOULD, UM, BE COVERING AN EXISTING PATH, UH, THAT LEADS FROM THE DRIVEWAY TO THE FRONT END ENTRANCE.
RIGHT NOW, THE HOUSE, UM, I'M JUST GOING TO SHOW YOU HERE.
THESE ARE THE NEIGHBORING HOUSES.
UM, RIGHT NOW THE HOUSE BASICALLY, UM, THE FRONT DOOR LEADS, THIS IS OUR HOUSE HERE LEADS DIRECTLY FROM THE OUTDOORS INTO THE, UM, INTO THE KITCHEN.
UM, THE NEIGHBORING HOUSES HAVE, UH, AS YOU CAN SEE, SOME OF THEM HAVE, UH, EITHER A COVERED, UH, ENTRANCE, UH, SOME DON'T, BUT MOST OF THEM IN THE STREETS HAVE.
SO IF WE, UM, IF THE BOARD WOULD GRANT OUR VARIANCE, UH, THE HOUSE WOULD, UH, FIT INTO THE NEIGHBORHOOD BETTER, WE ARE ALSO IMPROVING THE, THIS IS THE EXISTING ELEVATION.
THIS WOULD BE THE PROPOSED ONE.
UM, SO WE ARE ADDING THE ENTRANCE, BUT ALSO TWO DORMERS.
UM, THAT WOULD BE THE CHARACTER WITH THE STREET.
AND THAT'S WHAT WE, WE WOULD LIKE TO ASK THE BOARD FOR, UM, FOR THIS, UM, APPROVAL.
WE ALSO, I CAN ALSO ADD THAT, UH, I THINK TWO YEARS AGO THERE WAS A SIMILAR APPLICATION THAT WAS APPROVED BY, BY THE BOARD.
ACTUALLY THE VARIANCE WAS EVEN MORE, UH, SUBSTANTIAL, BUT FOR EXACTLY THE SAME, UH, TYPE OF PARTICLE ENTRANCE PROTOCOL THAT WOULD PROVIDE A PROTECTION FROM THE, UM, FROM THE, THE EL THE ELEMENTS OF THE WEATHER FOR THE OWNERS.
I DUNNO IF YOU HAVE ANY QUESTIONS.
UH, NOT THAT THIS IS ANY LESS STRANGE, BUT IT, FROM THE FLOOR PLAN, IT LOOKS AS IF THE MAIN ENTRANCE ENTERS INTO THE DINING ROOM, NOT INTO THE KITCHEN.
UM, SO, UH, WE, I, IF YOU WOULD LIKE ME TO GO INTO THE, SO THIS IS, UH, OH, THIS IS OUR PLAN.
SO THIS IS THE, THIS IS THE AREA WHERE, WHERE YOU ENTER.
[01:10:01]
THE KITCHEN AND YES, THERE IS LIKE A, A, A DINING TABLE RIGHT NOW THAT'S KIND OF, UH, A PART OF THE KITCHEN.THERE IS NO ENTRANCE AS IT'S RIGHT NOW AT ALL.
AND, UM, NO PROTECTION FROM THE WEATHER EITHER.
UM, I HAVE ANOTHER QUESTION FOR YOU.
UM, THE, THE PORTICO, AS IT LOOKS LIKE IT'S NOW, IT'S MEANT FOR A WALKING PATH TO THE NEW, TO THE FRONT DOOR AREA.
THERE IS, I JUST WANNA MAKE SURE THERE'S NO PLAN TO MAKE THAT A DRIVEWAY.
WE, WE ONLY WANT TO, IT WAS BOTH TO PROVIDE A TRANSITION FROM THE OUTDOORS INTO, IN, INTO THE HOUSE THAT IT'S NON-EXISTING RIGHT NOW FOR THE OWNERS AND, UH, FOR THE PROTECTION, BUT ALSO TO IMPROVE THE, UH, EXISTING ELEVATION, FRONT ELEVATION OF THE HOUSE.
BUT IT'S NOT WIDE ENOUGH FOR A CAR FOR LATER ON TO SOMEBODY TRY.
AND WE ALSO HAD SOME LETTERS OF SUPPORT FROM THE NEIGHBORS FOR THIS APPLICATION.
ANY OTHER QUESTIONS FROM ANY BOARD MEMBER? ANYONE IN THE AUDIENCE WANNA COMMENT ON THIS CASE? ALL RIGHT.
AND THE LACKS CASE ON TONIGHT'S AGENDA IS CASE 2214.
KIMBERLY LAU AND FOSTER OAKLEY PROPERTY AT NINE CHARLOTTE PLACE.
I'M THE ARCHITECT FOR, UH, KIMBERLY AND, UH, FOSTER.
UM, WHAT IF YOU WOULD PERMIT ME, I CAN SHARE MY SCREEN.
CERTAINLY WHAT WE'RE PROPOSING IS A, UH, I PRESUME YOU CAN SEE MY PLAN AT THIS POINT.
WHAT WE ARE PROPOSING IS AN ADDITION ON TOP OF AN EXISTING GARAGE.
THE ADDITION IS TO HOUSE A BEDROOM WITH A BATHROOM.
IT'S BASICALLY AN IN-LAW SETTER SET UP.
UM, AND OUR APPROACH IS THAT BY BUILDING ON THE EXISTING GARAGE, WE'RE NOT, UH, HAVING TO DEVELOP ANY OTHER LAND OR ADD ANY IMPERVIOUS SURFACE TO THE SITE.
UH, THE GARAGE IS CURRENTLY A PRE-EXISTING NON-CONFORMITY ON TWO SIDES, UH, THE SIDES, UH, TO THE LEFT OF THE PROPERTY TO THE NORTH OF THE PROPERTY.
UM, IT, UH, IT ENCROACHES ON THE SETBACK AT ONE CORNER, UM, BY A NUMBER OF INCHES ON THE FRONT.
SO YOU CAN SEE IN THIS SECTION, UH, THE OUTLINE OF THE GARAGE BELOW.
AND THE DARKER, UH, AREA IS THE PROPOSED ADDITION.
THIS DOTTED LINE IS THE, UH, NINE FOOT SETBACK, UH, WHICH WOULD JUST CLIP THE CORNER OF THE ADDITION IN THE GARAGE AT THIS POINT.
BUT THAT ALLOWS US TO PUT THE WALL ON TOP OF THE EXISTING GARAGE LOAD-BEARING WALL.
THE GARAGE RIGHT NOW IS ONLY SIX FOOT 10 FROM THE PROPERTY LINE.
UM, THE 20 FOOT SETBACK CUTS BACK TO THIS LINE HERE, AND WE'RE PROPOSING TO COME ONLY TWO FOOT, UH, TWO FEET, 10 INCHES OVER THAT SETBACK, UH, JUST TO SQUARE OFF THE CORNER OF THE ADDITION.
SO THOSE ARE THE TWO VARIANCES WE'RE LOOKING FOR.
THE THIRD VARIANCE IS AN AREA VARIANCE.
UM, THE ADDITION IS IN TOTAL ABOUT 309 SQUARE FEET, AND IT YIELDS A 143 SQUARE FOOT BEDROOM.
UH, THE CALCULATION BASED ON BUILDABLE LOT, UH, AND THE F A R WOULD LIMIT US TO ONLY 260, UM, 2,663 SQUARE FEET PERMITTED, AND WE'RE 50 SQUARE FEET OVER THAT.
SO THAT WOULD BE A VARIANCE OF 1.9% OVER THE PERMITTED VARIANCE.
SO WE THINK THAT, UH, BY NOT DEVELOPING LAND THAT'S ALREADY NOT IMPERVIOUS, UH, BY WORKING WITH THE EXISTING STRUCTURE, THAT WE ARE NOT HAVING AN ADVERSE EFFECT ON THE NEIGHBORHOOD OR THE, UH, THE ADJACENT NEIGHBORS OR THE CHARACTER OF THE NEIGHBORHOOD.
SO WE WOULD ASK FOR, UH, VARIANCE ON THESE THREE POINTS.
[01:15:02]
ANY QUESTIONS FROM THE BOARD? I DO.COULD YOU EXPLAIN TO US THE, UH, FRONT VARIANCE THAT YOU'RE REQUESTING? BECAUSE CURRENTLY IT SAYS THAT THE EXISTING IS SIX POINT, UH, THREE, AND NOW YOU'RE GONNA PROPOSE 3.25.
HOW ARE WE ACCOMPLISHING THAT? I MEAN, 13.35.
THE, UH, THE SIX POINT, UM, THE SIX FOOT 10 INCH, UH, UH, SETBACK CURRENTLY IS THE GARAGE.
OUR, UH, ADDITION IS 17 TWO FROM THAT.
SO WE'RE NOT DECREASING THE NON-CONFORMITY OF THE EXISTING GARAGE.
WE'RE MERELY POINTING OUT THAT THE ADDITION IS, UH, IS NOT GOING AS FAR AS THE EXISTING GARAGE.
SO AS YOU CAN SEE IN THE PERSPECTIVES, THE ADDITION IS SET BACK FAR FROM THE EDGE OF THE GARAGE.
ANY OTHER QUESTIONS? I, HAS THERE BEEN ANY OPPOSITION FROM THE NEIGHBORS? UH, HELLO, MADAM CHAIR.
NO, THERE HAVE NOT BEEN ANY OPPOSITION FROM ANY OF OUR NEIGHBORS.
IN FACT, WE'VE BEEN SPEAKING WITH OUR NEIGHBORS ABOUT IT, AND THEY'RE ALL, YOU KNOW, UM, YOU KNOW, VERY HAPPY FOR US.
AND WHY, WHY? AND VERY SUPPORTIVE FOR WHY WE WOULD LIKE THIS ADDITION.
COULD YOU TELL US WHY, IF YOU DON'T MIND? ABSOLUTELY.
UM, YOU KNOW, BOTH OF US HAVE AGING PARENTS AND, UM, CURRENTLY OUR PROPERTY DOESN'T HAVE A BATHROOM ON THE MAIN FLOOR.
AND SO YOU HAVE TO GO UP, UM, SOME PRETTY STEEP STAIRS.
UH, 14 OF THEM TO BE EXACT, TO GET TO THE FIRST AVAILABLE BATHROOM.
IT'S NOT AS EASY FOR THEM TO NAVIGATE, UM, OVER THE YEARS AND WON'T BE EASIER, UM, WITH THE ADDITIONAL YEARS COMING.
WE ALSO HAVE A YOUNG, UH, DAUGHTER WHO'S TWO.
AND OUR GRAND, YOU KNOW, OUR GRANDPA AND GRANDMA ON BOTH SIDES WANNA SEE HER MORE.
SO WE FEEL LIKE THIS ADDITION WILL HELP, UM, WITH THAT SITUATION AS WELL.
ANYONE IN THE AUDIENCE HAVE ANY COMMENTS ON THIS? YES, I DO.
MR. BOWDEN, UH, CAN YOU TELL ME HOW YOU PROPOSED TO HEAT, UH, THE NEW ADDITION, PLEASE? WE MAY EXTEND THE EXISTING HYDRONIC SYSTEM OF THE HOUSE.
WE MAY USE A SPLIT SYSTEM, UM, WITH A, UM, UH, YOU KNOW, HEAT COOLING.
WE HAVEN'T GOTTEN THAT FAR YET INTO THE DESIGN.
UH, WHAT'S THE FUEL? NATURAL NATURAL GAS.
WITH THAT, UM, WE HAVE COMPLETED AT LEAST THE CASES THAT WE HAD SCHEDULED FOR TONIGHT TO HEAR.
WE WILL NOW GO INTO OUR DELIBERATIONS AFTER WE HAVE APPROXIMATELY A FIVE MINUTE BREAK.
[01:23:55]
HE WAS THE CHEAPEST THING.HE KNOW, HE KNOWS F*****G ANTHONY AND WE'RE SO YOU DIDN'T KNOW THAT? I HAD NO IDEA WHAT GONNA, NOW YOU F*****G KNOWS HIM.
YOU KNOW WHAT, THE OTHER GUYS, THE OTHER GUYS GAVE ME HIM, TIM AND LERNER.
SAID YOU GOTTA, HE, HE'S THE ONLY ONE THAT COULD HELP YOU.
BUT HE, THEY ALSO SAID, GET A LAWYER.
AND THEN I SAID THAT ONE GUY WAS NOT GOOD, THE LADY, SHE WOULD NOT HAVE MADE A BETTER CASE THAN HIM.
[01:27:54]
OKAY.IT LOOKS LIKE ONCE, UH, LEWIS AND WILLIAM RETURN, WE CAN START.
UH, GEORGE, I'M GOING TO SOON, UH, PRESS RECORD AND WE'LL GO LIVE AGAIN.
LOOKS LIKE WE HAVE MOST OF OUR MEMBERS HERE RECORDING IN PROGRESS.
SO I ASSUME THERE'S NO OBJECTION TO, UH, OB OB, UH, ADJOURNING BLOOM ENERGY CORPORATION? NO.
AND THAT WAS TO BE PUT ON FOR JUNE, I BELIEVE? YES, I BELIEVE SO, YES.
AND THEN, UM, WE GO TO THE NURSERY DISCUSSION THAT'S ALSO BEING ADJOURNED.
AND WE HAVE TO VOTE ON THAT, CORRECT? NO.
OH, BECAUSE OF THE, WE'RE NOT, WE'RE NOT IN A POSITION TO DECIDE, WE'RE NOT DECIDE THAT POSITION TO DO IT.
SO IT'S, IT'LL JUST BE ADJOURNED.
[01:30:01]
IN ADDITION TO, UM, THE 30 DAY ALLOWANCE ELAPSING, UM, I WILL MAKE A POINT TO DIRECTLY REACH OUT TO NEW YORK STATE D O T TO, UM, GAIN SOME INPUT ON THIS APPLICATION.UH, THEY HAVE THE APPLICATION ONCE IT WAS REFERRED, UH, BY THE ZONING BOARD AS LEAD AGENCY.
UH, SO I SENT A NICE PACKAGE, UH, WITH A TRAFFIC REPORT.
I WILL DO MY BEST TO, UH, GET SOMETHING IN WRITING FROM THE D O T WITH THEIR OPINION ON THAT APPLICATION SO THAT I CAN PROVIDE THAT IN ADVANCE OF THE NEXT MEETING.
SO DO YOU THINK THAT WOULD BE ACCOMPLISHED BY THE NEXT MEETING OR NOT? OR SHOULD WE PUT IT OVER? OH, I THINK THAT, UM, IT WOULD MAKE SENSE TO ADJOURN TO JUNE.
AND NEXT, WE ALREADY HAVE THE 2205 ON FOR JUNE 16TH, AND NOW WE GO TO THE GULF SCARSDALE GOLF DISCUSSION.
LOU, ANY COMMENTS? I SEE SHANA'S HAND IS UP, BUT YOU GOTTA PUT YOUR SNEAKER ON.
I, I JUST, UM, I FIND THE PARKING, UM, ORGANIZATION PARKING AUTHORITIES CONCERNS VERY VALID.
AND THE OTHER THING IS, WHEN I WAS THINKING ABOUT THE, UM, THE NETTING, WHICH, YOU KNOW, IT LOOKS FINE, BUT IT'S THE HEIGHT OF A SEVEN FOOT, SEVEN STORY BUILDING.
I MEAN, THAT, THAT'S AWFULLY HIGH.
BUT THEY HAVE IT, THEY HAVE IT UP IN OTHER SECTIONS ON THE COURSE, AND SOME OF IT IS THE SAME MEASUREMENT.
MEASUREMENT, BUT BECAUSE OF THE, UH, TOPOGRAPHY, IT'S, IT'S DOWN SOME IN, IN CERTAIN PLACES.
BUT I, I HEAR WHAT YOU'RE SAYING.
I STILL THINK THEY'RE GOING UP HIGHER.
I MEAN, I KNOW THEY HAVE 12 FEET SOMEWHERE, BUT I, I, I FORGET WHERE THE OTHER HEIGHTS ARE, AND I KNOW AS THE TOPOGRAPHY, BUT IT DID SEEM AWFULLY HIGH.
BUT I, I JUST THINK I HAVE THIS IMAGE OF SIX INCHES OF SNOW JUST SLIDING OFF A BUBBLE AND JUST CREATING, UM, A MESS.
AND I, I DON'T HAVE A LOT OF CONFIDENCE IN THE MIDDLE OF A BLIZZARD.
YOU'RE GONNA GET A CLEANING CREW TO COME MOVE THE SNOW.
CERTAINLY NOT IN THE MIDDLE OF THE NIGHT OR EARLY, EARLY, EARLY MORNING.
YOU'RE NOT GONNA, YOU'RE NOT GONNA GET, AND, AND IF THEY'RE ALREADY PRETTY MUCH AT CAPACITY OF THE WATER THEY CAN DEAL WITH, THAT'S RUNNING ON.
I, I JUST HAVE SOME REAL CONCERNS.
WELL, I MEAN, DO YOU WANT US TO, UH, WE DON'T HAVE ANYTHING IN WRITING FROM THE TOWN ENGINEER, BUT APPARENTLY THEY'RE SAYING THAT IT WOULD CATCH THE RUNOFF SNOW IS A DIFFERENT STORY, PARTICULARLY IF IT TURNS VERY COLD.
SO I WE'RE GETTING WORSE STORMS, LIKE YOU WERE SAYING.
AND I, AND I UNDERSTAND THAT, YOU KNOW, THE TOWN TAKING THE INFORMATION GIVEN TO THEM BY THE APPLICANT MM-HMM.
I, I JUST DON'T KNOW IF WE SAY, OKAY, GIVE US AN 80 YEAR STORM, YOU KNOW, CALCULATION, RUN IT, RUN A, RUN A, UH, RUN A MODEL.
DOESN'T THERE SW UM, ISN'T THAT THE PURPOSE OF THE SWIP THAT THEY DID ALL OF THE MODELING FOR? YES.
THEY PREPARED OFF, YES, THEY PREPARED A STORM WATER POLLUTION PREVENTION PLAN.
UM, IT DOES ACCOUNT FOR THE, UH, 25 YEAR STORM.
UM, I, I WAS PRESENT IN A MEETING WITH THE TOWN ENGINEER, UH, WITHIN THE APPLICANT HAD SOME QUESTIONS.
UM, THERE WERE NO OBJECTIONS THAT THE DESIGN WAS DEEMED CONCEPTUALLY.
UM, PROCEDURALLY I THINK IT'S IMPORTANT FOR THE BOARD TO UNDERSTAND THAT, UM, THE APPLICANT WOULD FOLLOW THROUGH WITH A STORM WATER PERMIT, UM, AT WHICH TIME THEY WOULD FORMALIZE THEIR STORMWATER POLLUTION PREVENTION PLAN.
THAT WILL INCLUDE MAINTENANCE OBLIGATIONS.
UM, AND, UM, THAT WILL BE THE, THE, THE FORMAL MECHANISM TO APPROVE THE STORMWATER, UM, IN THE REVIEW.
SO I, I'M INTIMATELY INVOLVED WITH, UM, THE, THE FOUR CORNERS STUDY IN THE EAST HARTSDALE AVENUE STUDY.
AND ESSENTIALLY THE, UM, PARKING DISTRICT'S PROPERTY AS WELL AS, UH, ALL PROPERTIES DOWNSTREAM FROM THE HARTSDALE BROOK ARE THE SUBJECT OF INTENSE FLOODING.
[01:35:01]
THE CATCHMENT AREA IS, IS ON THE ORDER OF, OF OVER ONE SQUARE MILE.UM, IT'S APPROXIMATELY 800, UH, AND 32 ACRES THAT ALL ROUTES DOWN.
UH, IT'S A PIPING THAT IS, UH, SEVERELY UNDERSIZED ON THE, UM, PROPERTY OF, OF THE PARKING DISTRICT AND IN, IN AREAS UPSTREAM.
UM, SO, YOU KNOW, FROM A TOWN'S PERSPECTIVE, WE ARE ACTIVELY PURSUING GRANTS.
WE'RE LOOKING TO, UM, HAVE MORE ELABORATE, MORE TECHNICAL STUDIES DONE.
AND ULTIMATELY THERE IS, UH, THERE ARE STORM WATER SOLUTIONS, UM, THAT ARE LARGE IN MAGNITUDE ON THE ORDER OF $50 MILLION SOLUTIONS.
UM, BUT IN, IN MY INVOLVEMENT WITH THIS PARTICULAR PROJECT, UM, YEAH, MY OPINION, FROM WHAT I'VE SEEN, THAT THIS PROJECT WOULD ACTUALLY REPRESENT AN IMPROVEMENT OVER EXISTING CONDITIONS.
UM, WHAT YOU HAVE NOW IS, UH, RAINFALL THAT SHEETS OFF THE COURT, UH, DOWN TOWARDS THE GARAGE.
THEY'RE INTRODUCING BOTH A TRENCH DRAIN AND A SWELL, UH, THAT WILL DIRECT WATER INTO A NEW INLET, WHICH WILL THEN BE DIRECTED INTO A SERIES OF, I THINK, 36 CULT TECH CHAMBERS.
UM, WHICH NOW PRESENTLY DO NOT EXIST.
UM, SO THERE'S A RATHER ROBUST, UH, SYSTEM IN PLACE.
AND AS I MENTIONED DURING THE, UM, TESTIMONY, UH, I DO THINK IT'S A GOOD COMMENT TO SEE IF THERE ARE OTHER AREAS OF THE GOLF COURSE THAT CAN BE POTENTIALLY RETROFIT.
UM, HOWEVER, I FEEL THAT THERE, THAT THOSE RETROFITS ARE NOT CONNECTED TO THIS APPLICATION WOULD BE AKIN TO SOMEONE ASKING FOR A TREE ON THE OTHER SIDE OF THE COURSE, JUST FOR PURPOSES OF MITIGATION THAT HAD NOTHING TO DO WITH THIS PROJECT TO VALID COMMENT.
OFTENTIMES WHEN THINGS LIKE THAT ARE BROUGHT UP DURING THE SITE PLAN PROCESS, UH, THE APPLICANT WILL CONSENT AND ADD THEM TO IT.
I JUST DON'T KNOW THAT YOU COULD CORRELATE THAT TO THIS PROJECT.
UM, SO AS I MENTIONED, CONTINUE TO WORK WITH THE APPLICANT, SEE IF STORMWATER MITIGATION CAN BE DONE FOR THE UPPER COURT AREA, AND THAT, THAT'S MY ASSESSMENT.
IS THERE ANY, IS THERE ANY, UM, AND AGAIN, FORGIVE ME 'CAUSE I'M NEW.
IS THERE ANY PENALTY OR PROBLEM? 'CAUSE IT'S ONLY GONNA TAKE ONE TIME FOR THE FLOODING FROM THIS TO, TO DESTROY A HUNDRED, A HUNDRED CARS IN THE, IN THE PARKING GARAGE AND CAUSE A MESS.
IS THERE ANY PENALTY IF THIS SYSTEM DOESN'T WORK? SO THE, THE, THE CATCHMENT AREA, IF IT'S, YOU KNOW, 1.2 SQUARE MILES, UM, YOU KNOW, OVER CLOSE TO A THOUSAND ACRES, THE CATCHMENT AREA FROM THIS PROJECT IS, UM, SUCH A SMALL FRACTION OF THAT.
I DON'T KNOW HOW THERE WOULD BE ANY WAY TO CORRELATE THE, THE, THE MINUTE, YOU KNOW, INCREMENTAL STORMWATER THAT THAT PRESENTLY EXISTS TO, YOU KNOW, THE FLOODING THAT, YOU KNOW, WE EXPERIENCED DURING IDA.
UM, IF THERE'S AN IDA EVENT, UM, WHETHER THIS BUBBLE IS THERE OR NOT, UH, WHAT WOULD HAPPEN DURING IDA WILL CONTINUE TO HAPPEN.
UH, AND YOU KNOW, IT'S UNFORTUNATE.
I DON'T LIKE SAYING THAT, BUT IT IS A REALITY.
UM, AND I DON'T THINK THAT THIS PROJECT IS ANYWHERE CLOSE TO AN A, A CUMULATIVE, YOU KNOW, ADDED PUTTING THE, THE, THE AREA INTO SOME SORT OF A CUMULATIVE THRESHOLD OF, OF POTENTIAL NEGATIVE IMPACT.
UM, WITH REGARDS TO THE MAINTENANCE OBLIGATIONS, I MEAN, IF THERE'S SNOW THAT'S NOT REMOVED, UM, THE POTENTIAL THERE IS NEGATIVE TO THE BUBBLE.
THE BUBBLE FROM WHAT THE, THE PROFESSIONALS THERE EXPLAINED COULD IMPLODE.
UM, BUT, YOU KNOW, THE SNOW, IF IT SNOWS IT, YOU KNOW, IT DOESN'T MELT INSTANTLY.
YOU KNOW, WHEN THERE'S SNOW, IT MELTS IN THE FALL OR IF THERE'S, YOU KNOW, UH, QUICK CHANGE IN TEMPERATURE AND THINGS LIKE THAT.
SO I JUST, I JUST DON'T SEE A CORRELATION FROM, UH, YOU KNOW, IT'S SNOWING TWO FEET AND THEN, UM, YOU KNOW, SWITCHING TO 65 DEGREES OR SOMETHING LIKE THAT.
AND THERE BEING AN ISSUE THAT'S GONNA, UH, HAVE A NEGATIVE IMPACT DOWNSTREAM, UH, BECAUSE OF SHOVELING OR NOT SHOVELING.
I GUESS HIS POINT, THE PARKING GUY'S POINT WAS THAT IT NOT JUST THE MELTS AND IT, THAT IT WILL MELT THE, I MEAN THE HEAT FROM INSIDE THE BUBBLE.
I DON'T KNOW HOW THERMALLY PROTECTED IT IS.
I WOULD THINK, I DON'T KNOW IF THE HEAT IN THE BUBBLE MELTS THE SNOW ON TOP OF IT QUICKER, BUT HE, HIS POINT WAS THAT THERE, IT WOULD ROLL DOWN THE HILL, THAT IT WASN'T JUST THE MELT, IT WAS THE, YOU KNOW, THE ACTUAL SLOPE THAT WAS CAUSING A PROBLEM TOO.
ISN'T THAT WHAT THE CATCHMENT AREA WILL HELP? IT'S NOT FLAT, NOT NOT THE SNOW.
IT WON'T, THE SNOW WILL JUST KEEP ON MOVING IF IT'S NOT MOVED.
[01:40:01]
IS THERE ANY WAY TO PROVIDE SOME ACTION BY THE APPLICANT TO, JUST FOR ARGUMENT'S SAKE, SAY, WELL, IF IT FAILS, THEY HAVE TO REMOVE THE BUBBLE SO IT DOESN'T HAPPEN AGAIN.THEY PERHAPS COULD PUT IT BACK UP IN THE SPRING OR SOMETHING.
I THINK THEY ONLY WANT IT IN THE WINTER.
AND I GUESS THE, IT SEEMED LIKE THE CALCULUS THAT THEY DID IS THAT THEY DIDN'T WANT THE NEIGHBORS FIGHTING IF THEY DID IT TO THE UPPER COURTS.
'CAUSE THEY THOUGHT THEY MIGHT HAVE THE NEIGHBORS OBJECTING TO THE VISUAL PROBLEM.
AND IT WAS, THEY'D RATHER DEAL WITH THE WATER RUNOFF THEN, THEN NEIGHBORS BEING UPSET AT THE VISUAL BUBBLE FOR SIX MONTHS A YEAR.
ONE RECOMMENDATION THAT I WOULD HAVE IS, UH, POTENTIAL CONDITION OF THE BOARD THAT IF THE, UH, MAINTENANCE PROVISIONS ARE NOT ADHERED TO, AND THERE ARE SEVERAL FOLD, THERE'S, UH, THE REMOVAL OF SNOW, UH, THERE IS KEEPING THE TRENCH DRAIN FREE OF DEBRIS AND LEAVES.
UH, AND THERE'S ALSO, UH, MAINTENANCE OBLIGATIONS, UH, WITH REGARD TO, UH, THE, THE, THE UNDERGROUND STORAGE.
UM, THE BOARD COULD CONSIDER A CONDITION THAT, UM, SHOULD THE APPLICANT NOT FOLLOW THROUGH, UH, WITH THE MAINTENANCE OBLIGATIONS THAT ARE IDENTIFIED IN THE STORMWATER POLLUTION PREVENTION PLAN.
UH, AND THEY DO NOT SUBMIT THE, THE SEMI-ANNUAL REPORTS THAT ARE NECESSARY IF THAT'S THE TIME DURATION, UM, THAT THE, UM, YEAH, YOU COULD, I, YOU KNOW, I'LL DEFER TO ED, BUT THERE COULD BE A CONDITION LIKE THAT THAT, UM, INDICATES THAT THE, THE BUBBLE WOULD NOT BE ALLOWED TO BE RESTORED OR SOMETHING LIKE THAT, OR, OR PUT, PUT BACK UP IF THEY'RE NOT ADHERING TO THE MAINTENANCE OBLIGATIONS.
I LIKE THAT BECAUSE THAT IS SOMETHING THAT THEY COULD REPORT TO THE TOWN ENGINEER QUARTERLY OR WHAT HAVE YOU.
UM, AND IF IT'S NOT DONE, THEN WE GET YOUR CONCERN AND THEY SHOULD NOT HAVE THE BENEFIT OF THE BUBBLE WITH A NON-FUNCTIONING, UM, STORM MOTOR SYSTEM.
AND YOU CAN HAVE INSPECTIONS OF IT AS WELL.
I'M SURE THE PARKING PEOPLE WILL TELL YOU IF IT DOESN'T GET DONE.
BUT I THINK, UH, THROUGH ENFORCING, REINFORCING IT THROUGH A CONDITION, UM, I I THINK BE GARY, WHAT OTHER, WHAT OTHER APPROVALS ARE REQUIRED? UH, FROM A LAND USE PERSPECTIVE, THERE IS, UH, SITE PLAN APPROVAL OF THE TOWN BOARD.
THERE IS A STEEP SLOPE PERMIT OF THE PLANNING BOARD.
UH, THOSE ARE THE LAND USE BASED APPROVALS.
AND THEN THERE ARE ADMINISTRATIVE APPROVALS, UH, SUCH AS STORMWATER PERMIT, BUILDING PERMIT.
SO IT JUST SEEMS TO ME THAT THE CONDITIONS THAT YOU'RE REFERRING TO ARE NOT TYPICAL ZONING CONDITIONS.
IT WOULD SEEM TO ME THAT IT WOULD BE MORE APPROPRIATE AS CONDITIONS TO SOME OF THESE OTHER APPROVALS.
YEAH, I THINK FROM WHAT I'M HEARING, UH, NOTHING WAS DONE
IT'S, YOU'RE SAYING IT'S BEST SUITED FOR, UH, THAT TO BE THE TYPE OF CONDITION THAT WOULD BE, UM, THAT OF THE TOWN BOARD FOR A SITE PLAN, EITHER THE TOWN BOARD OR ONE OF THE TECHNICAL, UM, UH, ENGINEERING, UH, LIKE STORM WATER OR THE WHATEVER PERMITS THOSE ARE.
AND THAT, AND THAT CAN BE DONE BEFORE PERMIT IS ISSUED.
NO, I THINK WHAT GARRETT IS SAYING IS A, IS A POST-APPROVAL AFTER IT'S UP.
OH, IF THEY FAIL YOUR, IF THEY FAIL TO, UH, FULFILL THEIR REQUIRE REQUIREMENTS YEAH.
WHETHER IT'S THE ZONING BOARD OR THE TOWN BOARD THROUGH SITE PLAN, I THINK THE CONDITION WOULD BE MOST APPROPRIATE AT THE LAND USE, UH, APPROVAL PHASE.
ENFORCED ONCE THE BUBBLES UP AND, UH, WHEN INSPECTIONS ARE REQUIRED.
UM, WHICH BASICALLY MEANS, UM, ONE BUBBLE WAS IF WE THE VARIANCES
NO, WE WEREN'T HEARING YOU IN THE BEGINNING.
UM, WHAT I'M SAYING IS THAT THAT, UH, ARE YOU HEARING ME NOW? YES.
UH, SO THAT BASICALLY WHAT YOU'RE SAYING IS, IS THAT, UM, IF THEY FAIL IN THEIR MAINTENANCE OBLIGATIONS, UH, DURING THE FIRST SEASON, THAT THE
[01:45:01]
BUBBLE IS UP, THE OBLIGATION THAT, UM, THEY'RE NOT PERMITTED TO PUT IT BACK UP AGAIN THE FOLLOWING SEASON.IS THAT WHAT YOU'RE SAYING, GARY? WELL, I WOULD SAY IN PERPETUITY, UM, THOSE INSPECTIONS WOULD, UH, BE IN PERPETUITY.
BUT IT'LL BE SEASONAL FROM SEASON TO SEASON IN PER IN PERPETUITY.
SO THAT, UM, THAT GIVES US THE TOWN THE OPPORTUNITY TO MAKE SURE THAT THEY ARE THERE MAINTENANCE OFF.
NOW WE CAN, APPARENTLY THE CONCERN IS THAT SIX FEET IS NOT ENOUGH.
IT SEEMS AS IF THE CONCERN IS THAT SIX FEET IS NOT ENOUGH SPACE FOR SNOW THAT WOULD SLIDE OFF THE BUBBLE TO LAND AND NOT CONTINUE TO ROLL DOWN THE SLOPE TO THE PARKING GARAGE BEFORE THEY'RE ABLE TO REMOVE THE SNOW TO THE AREA THAT THEY COULD HAVE IT ACCUMULATED.
IS THAT THE CONCERN? I MEAN, IT MAY BE, BUT I THINK IN REALITY, UH, YOU KNOW, SNOW IS NOT GONNA CAUSE FLOODING.
IT'S, UM, YOU KNOW,
SO, UM, IT, IT'S, IT'S ESSENTIALLY, YOU KNOW, THEY WOULD NOT WANT, UM, YOU KNOW, IF THERE WAS NO BUBBLE, THEY WOULD NOT WANT A SNOWPLOW TO PLOW ALL THE SNOW AT TO THE PERIPHERY OF THE EDGE OF THE, THE, THE HILL THERE.
UM, SO I THINK IT'S JUST, IT'S MORE A FUNCTION OF, YOU KNOW, NOT ALLOWING, UH, A BIG COLLECTION OF SNOW TO OCCUR AT THE PERIPHERY OF THE HILL OR THE CREST OF THE HILL BEFORE BEING REMOVED.
IT'S NOT GONNA SIT THERE UNTIL IT MELTS.
IT IF IT, IF IT ACCUMULATES TOO MUCH, IT, IT POSES A, A, UM, A CONCERN FOR DAMAGE TO THE BUBBLE ITSELF.
SO IT BEHOOVES THEM TO REMOVE THE SNOW BEFORE IT ACCUMULATES TO THE POINT WHERE IT COULD CAUSE DAMAGE TO THE BUBBLE.
AND I BELIEVE THAT THEY HAVE SET ASIDE AN AREA WHERE THEY COULD PUT THAT ACCUMULATED SNOW WHERE IT CAN THEN MELT.
UM, I DON'T SEE A PROBLEM WITH THIS.
THEY'RE SAYING THAT THE, UH, THE TRENCH DRAIN THAT THEY'RE PUTTING IN IS EIGHT INCHES AS OPPOSED TO THE STANDARD FOUR INCHES, WHICH NO ONE SAYS IT, BUT BASICALLY IT'S TWICE THE SIZE OF A NORMAL TRENCH DRAIN, UM, WHICH IS A CONSIDERABLE, UM, AMOUNT THAT SHOULD BE ABLE TO, UM, CATCH ANY OF THE RAINWATER.
SO APPARENTLY THE ISSUE IS WITH SNOW, AND I THINK THAT IF THEY MAINTAIN, UM, THAT MAINTAIN THEIR OBLIGATIONS FOR THE REMOVAL OF THE SNOW AS IT ACCUMULATES, THERE SHOULD NOT, AGAIN, BE A PROBLEM.
AND I THINK WHAT WE'RE SAYING, AS LONG AS THEY, AS LONG AS THEY MAINTAIN WHAT THEY SAID THEY WERE DOING, WHICH EVEN IN RAIN, IF YOU HAVEN'T KEPT THE DRAINS CLEAN AND YOU HAVEN'T KEPT THE TRENCHES CLEAN, A HEAVY RAIN COULD ALSO CAUSE THE SAME PROBLEM.
SO WHAT WE'RE SAYING IS, LIKE, THIS IS ALL DEPENDENT ON YOU KEEPING UP YOUR WORD ON EVERYTHING OUT THERE THAT YOU'VE PROMISED TO DO.
IT'S COMMONPLACE, UH, MAINTENANCE OCCURRENCE ACROSS THE TOWN.
WHAT IS THE FAILURE TO MAINTAIN OR THE MAINTENANCE NOW IT'S IMPORTANT FOR THE MAINTENANCE TO OCCUR ON PRIVATE PROPERTIES FOR ALL STORMWATER INFRASTRUCTURE.
UM, SO YES, IT'S, IT'S VERY IMPORTANT HERE AS, AS IT IS IN, YOU KNOW, MANY PLACES IN THE TOWN THAT ARE PRONE TO FLOODING, UH, FOR THESE SYSTEMS TO BE KEPT FREE OF DEBRIS AND, UH, LEAVES AND SUCH.
AND, UH, FORTUNATELY YOU HAVE A GOLF COURSE STAFF THAT, THAT REALLY JUST FOCUSES ON THAT IN THIS PARTICULAR INSTANCE.
[01:50:12]
ANYTHING ELSE? ARE WE READY FOR STRAW VOTE? YES.LET'S START WITH WILLIAM, JUST TO CLARIFY, UH, THIS VOTE.
UM, AS LEAD AS LEAD AGENCY, THE ZONING BOARD, YOUR FIRST ACT ACTION WOULD BE, UH, WITH REGARD TO CCRA NEW YORK STATE ENVIRONMENTAL REVIEW PROCESS.
SO I THINK YOU WOULD BE TAKING A STRAW VOTE ON THE, UH, DRAFT CCRA NEGATIVE DECLARATION THAT WAS CIRCULATED.
EVERYONE HAD THE OPPORTUNITY TO REVIEW IT? YES, YES.
ANY, ANY QUESTIONS, ANY CONCERNS, ANY EXPLANATIONS? ANY? NO.
ANYTHING? ALL RIGHT, THEN
WHICH ARE IN SUPPORT OF THE NEGATIVE DEC DECLARATION, PART OF THE NEGATIVE DECLARATION.
DO YOU NEED A MOTION NOW? I THINK IT'S A STRAW POLL.
SO I THINK WE, WE CAN JUST STRAW POLL THE BOARD, MAKE SURE THAT THERE'S, UH, APPROVAL OF THAT.
SO, UM, IS THERE ANYONE THAT OBJECTS TO THE NEGATIVE DECLARATION ON THE BOARD? MAYBE THAT'S SIMPLER.
WELL, YOU NEED, YOU NEED TO ADOPT THE NEG DECK BEFORE YOU VOTE ON THE, BEFORE YOU CAN DETERMINE WHETHER OR NOT TO GRANT THE VARIANCES.
SO WE WERE STRAW, STRAW POLLING ON THAT HEAD.
UM, AND IT APPEARS THAT THERE'S SUPPORT FOR A NEGATIVE DECLARATION.
WHAT WAS THAT? SO YOU, YOU, ARE YOU GOING, THE FIRST VOTE WOULD BE TO ADOPT THE NEG DECK RIGHT THEN, THEN YOU GET THE VOTE.
IF, IF YOU ADOPT THE NEG DECK, THEN YOU CAN GO FORWARD AND DECIDE WHETHER OR NOT TO GRANT WELL, TO GRANT THE VARIANCES.
THE ALTERNATIVE, I, I GUESS IF YOU VOTE AGAINST GRANTING THE VARIANCES, THEN YOU DON'T NEED TO NECESSARILY
THAT'S WHAT I WAS TRYING TO FIND OUT.
SO LET'S HAVE A STRAW VOTE THAT IF THE NET NEC WERE APPROVED, HOW WOULD YOU VOTE? WITH RESPECT TO THE VARIANCE, REMEMBER THERE ARE VARIANCES FOR THE NETTING AS WELL.
SO LET'S JUST, LET'S FIRST TAKE THE TENNIS BUBBLE, WHICH IS THE FRONT YARD SETBACK FROM 200 FEET REQUIRED TO 92.1 FEET PROPOSED AND SIDE YARD SETBACK FROM 25 FEET REQUIRED TO SIX FEET PROPOSED, AND TO INCREASE THE MAXIMUM HEIGHT FROM 30 FEET PERMITTED TO 38 FEET PROPOSED.
SO THAT WOULD BE THE FIRST ONE.
IS ANYONE NOT IN FAVOR OF IT? AND WE WERE SAYING THAT PARTICULAR HEIGHT OF 90 FEET WAS DUE TO THE SLOPE.
THE 90 FEET IS FOR THE NETTING.
NO, I KNOW, BUT WE DIDN'T GET TO THE NETTING YET.
WE'RE JUST JOINED THE BUBBLE NOW.
THIS IS THE, THE FRONT YARD SETBACK, SIDE YARD SETBACK FOR THE BUBBLE AND, AND THE HEIGHT.
SO IS THERE ANYONE WHO ON A STRAW BOAT WOULD NOT APPROVE SHAUNA.
ANYONE ELSE? AND AND WITH RESPECT TO THE DRIVING RANGE NETTING, WHICH IS TO INCREASE THE MAXIMUM HEIGHT FROM 12 FEET PERMITTED TO 90 FEET, WE HAVEN'T HAD ANY, ANY DISCUSSIONS ON THAT OTHER THAN WHAT SHAUNA HAD RAISED.
IS THERE ANYONE THAT HAS ANYTHING THAT THEY WISH TO ADD WITH REGARD TO CONCERNS THAT THEY MIGHT HAVE REGARDING THE NETTING? I BELIEVE THEY ANSWERED MY CONCERNS THAT
[01:55:01]
I HAD LAST MONTH.AND SHAUNA, YOU STILL HAVE CONCERNS? UH, I'VE, YOU KNOW, THERE'S A, I'M TRYING TO, THE SAFETY PROBABLY OUTWEIGHS THE VISUAL IN THIS ONE.
YOU KNOW, GOLF CLUBS ARE STRONGER, THE BALLS FLY HIGHER, THEY ARE FULL, YOU KNOW, YOU KNOW, TO GO FROM 12 TO 90 IS A HUGE JUMP.
I MEAN, THEY'RE NOT TRYING 60, THEY'RE NOT TRYING SOMETHING IN THE MIDDLE.
BUT I, YOU KNOW, IF THERE IS A REAL SAFETY ISSUE HERE, SO I CAN SEE THAT.
SO IS THERE ANYONE WHO WOULD IN A STRAW VOTE NOT APPROVE THE DRIVING RANGE NETTING AS PROPOSED? I DON'T SEE ANY HANDS.
WELL, WHEN YOU, WHEN YOU ASK IT THAT WAY, IT MAKES IT A LITTLE DIFFICULT.
YOU'RE ASKING IN A NEGATIVE AS OPPOSED TO IN A POSITIVE AS LIKE, OKAY, EVERYONE RAISE THEIR HAND.
WHO IS FOR THE NETTING THEN? YOU KNOW, I COULD SAY YES, BUT OKAY.
ANYBODY HERE WHO IS AGAINST IT? IS THAT OKAY? YOU WANT ME TO SAY IT? WANT ME TO CHANGE IT? WILL THAT HELP? YES.
I'M, YOU COME ABOUT IF EACH PERSON SAYS YAY OR NAYYY.
WE'RE JUST DOING A STRAW VOTE.
WE'RE JUST DOING A STRAW VOTE, RIGHT? YES.
OKAY, SO RON SOUNDS LIKE THEY'RE ALL FOR IT.
BEFORE, BEFORE YOU VOTE GAR, I THINK GAR, IT'S GAR THERE? YES.
ED, THE NETTING, IS THAT, UH, PERMANENT OR IS THAT SEASONAL AS WELL? PERMANENT.
IT DOES, IT DOES SAY THOUGH, WHEN YOU READ IT, WHEN IT TALKS ABOUT INCREASING THE MAXIMUM HEIGHT FROM 12 FEET TO 25 FEET PROPOSED IN ORDER TO INSTALL A TEMPORARY SEASONAL ENCLOSURE OVER NO, THAT'S FOR THE BUBBLE.
I'M TALKING ABOUT THE NETTING ON THE, UH, GOLF COURSE.
THEN IT JUST TALKS ABOUT INCREASING IT AND REDUCING THE SETBACK, THE SIDE YARD SETBACK, INCREASING THE HEIGHT AND DECREASING, OBVIOUSLY THE SIDE YARD SETBACK.
THAT'S ALL THEY TALK ABOUT IN TERMS OF THE BUBBLE.
AND THEN IS INCREASING THE HEIGHT FROM 12 FEET TO 25 FEET IN ORDER TO INSTALL THE TEMPORARY SEASONAL ENCLOSURE OVER THE TWO LOWER ELEVATION TENNIS COURTS.
SO HOW WAS I SUPPOSED TO ASK YOU GUYS? THIS? IS ANYBODY
ROWAN, I DON'T SEE ANYTHING FROM YOU.
UH, I WAS, I WAS GOOD WITH THE NEGATIVE FRAMING
AND, UM, INCREASING THE MAXIMUM, THE HEIGHT, AGAIN, 12 FEET TO 25 FEET PROPOSED IN ORDER TO INSTALL A SEASONAL ENCLOSURE OVER THE TWO LOWER ELEVATION COURTS.
IS THAT THE BUBBLE? THAT'S THE BUBBLE.
I THINK WE'RE ALL FOR IT EXCEPT FOR, FOR SHAUNA.
I THINK ONE OF THE CONCERNS ABOUT MAINTENANCE, UM, I THINK IS NOT SO BAD BECAUSE, BECAUSE OF THE FACT THAT THIS IS THE SCARSDALE GOLF CLUB AND THAT THEY KEEP THEIR PROPERTY, UM, METICULOUSLY MAINTAINED, AND THEY HAVE, UM, A CREW THAT'S RESPONSIBLE FOR DOING THAT, AS OPPOSED TO IT BEING, YOU KNOW, ANYBODY, UH, WITH THEIR PROPERTY AND WHETHER OR NOT THEY'RE GOING TO MAINTAIN, UM, LIKE THE TRENCH DRAIN THAT COULD BE
[02:00:01]
PROBLEMATIC.BUT IN THIS PARTICULAR INSTANCE, I BELIEVE THAT, UH, THEY HAVE THE MANPOWER TO GET THE WORK DONE.
YOU KNOW, THEY, THEY CAN MAKE SURE THAT THE TRENCH DRAINS ARE KEPT CLEAR.
UH, THEY MAKE SURE THAT THE SNOW GETS, UM, MOVED TO AN APPROPRIATE MELTING AREA.
UH, THAT I THINK IS WHAT MAKES ME IN FAVOR FOR IT.
AND YOU WAITED UNTIL THE END TO TELL US THAT
I SAID YOU WAITED UNTIL THE, AFTER WE HAD DONE THE STRAW VOTE TO TELL US THIS LITTLE, YOU KNOW, LITTLE JIM OF INFORMATION.
WELL, I, I, I HEARD GARRETT SAY THAT
I, I, I ACTUALLY LIVE ON THE GOLF COURSE, SO I KNOW HOW DURING THE SEASON THEY ARE METICULOUS.
I NOT ON THIS GOLF COURSE, BUT ON A DIFFERENT ONE.
AND, UM, I, I HEAR YOU AND I THINK YOUR POINT HAS, HAS ME ABOUT THE QUESTION I HAVE, GARRETT, IS FOR YOU, IS THAT WHAT WAS JUST APPROVED THAT INCLUDED THE CAVEAT OF YOU'VE GOTTA MEET ALL THE REQUIREMENTS OF MAINTENANCE? NO, NO.
SO THAT'S UP TO THIS ZONING BOARD.
AND, UM, YOU KNOW, ON THAT I WOULD TAKE ADVISEMENT FROM, FROM ED, UM, ON WHETHER, UH, THAT WOULD BE APPROPRIATE FOR THE TOWN BOARD, UH, WHICH IS SOMETHING WE CAN CERTAINLY COORDINATE.
UM, AND WE CAN ABSOLUTELY, UH, BUILD THAT INTO THE NEGATIVE DECLARATION.
UM, THAT CERTAINLY IS, IS A FINDING OF, OF THE ZONING BOARD, UH, WITH REGARD TO THE STORMWATER.
BUT AS A CONDITION, I GUESS I WOULD DEFER ED.
UH, WOULD, WOULD YOU FEEL COMFORTABLE OPINING ON WHETHER YOU'D LIKE TO SEE THE CPA PUT THAT IN THERE OR THE TOWN BOARD? IT COULD BE.
IT COULD BE THIS BOARD, IT COULD BE THE TOWN BOARD.
I, I, I SEEM TO HEAR SOME SORT OF, UM, SENTIMENT FOR INCLUDING THE CONDITIONS, HOWEVER, ARE WE PREPARED TO MAKE THOSE CONDITIONS TONIGHT OR DO YOU WANT TO, THAT MAY REQUIRE US TO, UH, ADJOURN THIS FOR DECISION ONLY SO WE CAN DRAFT APPROPRIATE CONDITIONS.
ONE OPTION WOULD BE, I THINK THE BOARD'S PREFERENCE WOULD BE TO ADJOURN FOR DECISION ONLY.
UM, ONE ACTION THAT COULD BE TAKEN THIS EVENING WOULD BE TO, UM, RENDER THE SECRET DECI DETERMINATION.
UM, WHICH WILL THEN ALLOW THE TOWN BOARD TO, YOU KNOW, HOLD A PUBLIC HEARING AND FOR THE PROCESS TO COMMENCE.
UM, AND YES, WE COULD FINE TUNE THE CONDITIONS FOR THIS BOARD, UH, FOR THE NEXT MEETING.
SO WE CAN CLOSE IT FOR DECISION ONLY.
THEN YOU CAN CLO EVEN CLOSE IT FOR DECISION ONLY, BUT ADOPT THE, UH, NECK DECK.
BUT I'M SAYING THE AGENCY, BUT EVEN THOUGH WE CLOSE IT FOR DECISION, WE CAN STILL, UM, INCLUDE THE CONDITIONS THAT WE WANT UNDER THE SEEKER OR NOT? NO, NO.
WOULD BE AS A CONDITION TO THE VARIANCES.
SO NOW WE HAVE, UH, 1 32 RUSSELL WHERE THE MISSING PLAN TURNED UP TODAY.
AND THAT'S REDUCING THE SIDE YARD SETBACK FROM 10 FEET REQUIRED TO 4.6 FEET PER POLE, REDUCING THE SIDE YARD SETBACK DRIVEWAY FROM 10 FEET TO ZERO FEET PER POLE IN ORDER TO LEGALIZE THE DETACHED GARAGE.
NO, WELL, I THINK THEY NOW SIX INCHES.
SO WE HAVE TO, WELL, I COULD'VE SWORN I WROTE 9.5 FEET.
WELL, WHAT DID THEY SAY? ONE, IT'S FOUR.
IT'S 4.6 FEET, UM, CURRENTLY, UH, WHERE IT WAS CONSTRUCTED IN 1960, I THINK ONE.
UM, AND THE REQUIREMENT IS 10 FEET.
I JUST WANT THE, UH, FOR THE PUBLIC.
UM, IF YOU COULD KINDLY, UM, THIS IS DELIBERATION OF THE ZONING BOARD.
I MEAN, THAT WAS A CLARIFICATION THERE, BUT, YOU KNOW, I JUST WANNA TAKE THE LEAD OF THE BOARD HERE.
THIS IS STRICTLY THE, UH, Z P A DELIBERATION.
BUT I GUESS, THANKS FOR THE CLARIFICATION.
[02:05:06]
SO THE MEASUREMENTS WE GOT WERE FOR THE 4.6 FEET.IT, IT REMAINED, THE GARAGE REMAINS OF COURSE, AT 4.6, THE DRIVEWAY WAS CUT BACK, IT WAS AT ZERO, THE VARIANCE THAT WAS BEING ASKED FOR.
AND NOW, AND NOW IT'S SIX INCHES.
SO THAT, THAT WOULD NOT REQUIRE A RE-NOTICE.
UM, IT BECAME LESS, SLIGHTLY LESS OF A, A VARIANCE REQUEST.
SO, UM, HOW DO WE, UM, LOOK AT THE POSSIBILITY OF A CONDITION WITH RESPECT TO THAT, UH, SPACE OVER THE ONE STORY GARAGE AND WAITING? UH, MADAM CHAIR, JUST ONE POINT OF CLARIFICATION.
UM, IF THE CONCERN IS FOR THE GARAGE TO BE TURNED INTO AN ACCESSORY USE THAT'S NOT PERMITTED, UM, I, I WOULD OPINE THAT THAT DOESN'T NEED TO BE A CONDITION.
UM, THAT IS, YOU KNOW, THAT THAT WOULD JUST BE AN IMPERMISSIBLE ACT.
UM, AND THE TOWN THROUGH THE BUILDING DEPARTMENT WOULD HAVE FULL AUTHORITY TO, UH, CITE VIOLATIONS AND HAVE WHATEVER ILLEGAL WORK IS, IS, UH, UNDERTAKEN, UH, REMOVED THROUGH THROUGH THE, YOU KNOW, THE TYPICAL PROTOCOL.
UM, BUT YOU KNOW, ANTHONY, DO, DO YOU FEEL THAT THAT'S APPROPRIATE OR, YES, I'M CORRECT.
THE ONLY REASON I, YEAH, THE ONLY REASON I SAID IT IS BECAUSE WHEN WE HAVE THESE NON-CONFORMING STRUCTURES AND PEOPLE DON'T SEE ANYTHING THAT SAYS YOU CAN'T DO SOMETHING WITH IT, THEY TEND TO DO SOMETHING WITH IT BECAUSE THE SPACE IS THERE.
AS OPPOSED TO THERE BEING SOME TYPE OF WRITTEN PROHIBITION THAT, UH, IF THEY'RE BUYING THE PROPERTY, THEY SHOULD BE AWARE OF SO THAT THEY CAN'T JUST ASSUME THAT, UH, WE DIDN'T KNOW OR WHATEVER IT IS.
THAT, THAT'S JUST MY WAY OF THINKING.
I MEAN, YOU CAN'T CONDITION A DEED RESTRICTION IF YOU LIKE, THAT IT BE PLACED IN DEEDED IF YOU'D LIKE TO DO THAT.
OR YOU CAN'T CONDITION IT, THAT THE REAR STAIR BE REMOVED AND A STORAGE HATCH BE PLACED ON THE INSIDE OF THE GARAGE, IF YOU LIKE.
IF THAT HELPS YOU TO, UH, PROVE THE VARIANCE, YOU CAN, YOU CAN DO THOSE, THE BOARD CAN CHOOSE TO DO THOSE CONDITIONS IF THEY LIKE.
WELL, I'M THE ONLY ONE WHO RAISED THE CONCERN, SO I'M, I'D LIKE TO HEAR FROM MY FELLOW MEMBERS OF THE BOARD AS TO WHAT THEIR THOUGHTS ARE ON THIS.
SOME OF YOU MAY THINK IT'S FINE.
I, I ACTUALLY LIKE ANTHONY'S IDEA.
'CAUSE I, THIS IS ONE, PROBABLY FOR THE FIRST TIME IN A VERY LONG TIME, I WOULD'VE VOTED NO.
BUT WITH THAT CONDITION, I WOULD CONSIDER VOTING AS WHICH CONDITION HE, HE DISCUSSED TWO POSSIBLE REMOVING, REMOVING THE STAIRWELL AND PUTTING A HATCH.
I THINK THAT'S, THAT'S A GREAT, YEAH.
AND ANTHONY, THAT'S A GREAT SOLUTION.
'CAUSE THE OTHER ISSUE IS, AND TYPICALLY SOMETIMES WHEN WE HAVE THESE, UM, NONCONFORMING STRUCTURES, I KNOW EVERYBODY'S IN THE MOVEMENT OF MOVING AND SELLING, BUT THEY WOULD ABSOLVE THEMSELVES OF WHAT THE FUTURE WOULD BE, AND THEN THE TOWN IS LEFT WITH, UM, AND AS WE SAID BEFORE, YOU KNOW, JUST BECAUSE THERE HAVE BEEN NONCONFORMITIES DOES NOT MEAN WE NEED TO CONTINUE TO, UM, INCREASE THE NON-CONFORMITY OF ANY DISTRICT.
BUT THE POINT OF THE MATTER IS THAT IF WE WERE TO APPROVE THIS AS IS, I THINK IT JUST OPENS THE DOOR FOR THE FUTURE FOR THINGS THAT, UM, AS YOU INDICATED MADAM CHAIR, THAT WE JUST WOULD NOT BE ABLE TO CONTROL.
UM, AND IN FACT, THERE'S A COUPLE QUESTIONS I PROBABLY HAVE FOR ANTHONY AND GARRETT LATER ON, JUST IN TERMS OF THE NUMBER OF DRIVEWAYS THAT I'M SEEING ON PROPERTIES NOW.
UM, NOT, NOT PAVING THEM, BUT JUST PUTTING ITEM FOUR ROCKS DOWN AND INSTEAD OF THE MAIN DRIVEWAY, THEY'RE COMING IN ON THE SIDE BECAUSE IT'S, THE NUMBER OF CARS THAT PEOPLE HAVE AT THIS POINT HAVE JUST INCREASED.
SO, YOU KNOW, I JUST THINK, NOT THAT THERE, THIS NEEDS TO BE A WATERSHED, UH, ISSUE, BUT IN THE FACT THAT IF THEY ARE TRYING TO SELL A HOME, UM, WHOMEVER'S GONNA BUY IT IF IT IS A STORAGE SPACE AS AN ATTIC WITH A HATCH, AND THEN I THINK THEY'RE ACCEPTED AS SUCH.
BUT WITH STAIRWELLS THERE, SIMILAR TO THE TENNIS COURT, I DID ASK THE SAME QUESTION QUESTIONNAIRE.
WHAT WAS THE PURPOSE OF HAVING THE PATIO ABOVE THE, UM, THE, UM, ANCILLARY STRUCTURE, UH, AT THAT TENNIS COURT? IF, IF THERE'S A MATERIAL NEED, THEN YES, BUT IF IT'S JUST PURELY STORAGE, THEN UM, THE PULL DOWN HATCH WOULD BE SUFFICIENT.
[02:10:01]
RIGHT.I DON'T WANT TO THROW COLD WATER ON THIS CONVERSATION, BUT WHEN YOU ISSUE A VARIANCE FOR THIS AND TO LEGALIZE IT, IT BECOMES A CONFORMING BUILDING.
AND IT'S NOT, IT'S NOT NON-CONFORMING THAT YOU CAN'T EXPAND.
IT'S BECOMES A CONFORMING BUILDING THAT YOU CAN USE TO ITS FULLEST EXTENT.
SO I'M NOT SURE THAT THERE'S A NEXUS HERE BETWEEN A SIDE YARD, UH, SETBACK, UH, AND THE ACTUAL USE OF THE BUILDING.
WELL, PROHIBITING WHAT YOU CAN DO WITH THAT BUILDING ONCE YOU LEGALIZE IT.
THAT, THAT WAS MY MAIN CONCERN WHEN WE FIRST LOOKED AT THIS.
AND I SAID THAT THAT WAS NO, THAT WAS CLEARLY WHAT I EXPRESSED.
SO I WAS TRYING TO FIND IF THERE'S A WAY WE COULD DO SOMETHING TO PREVENT IT.
BUT IT SOUNDS AS THOUGH YOU'RE SAYING WE CAN'T, I DON'T BELIEVE THAT, THAT IF IT WAS CHALLENGED, I'M NOT SURE THAT IT WOULD PASS MUSTER THAT KIND OF A, THAT KIND OF, UH, A CONDITION.
SO A STRUCTURE IS APPROVED AS A STRUCTURE, NOT AS A GARAGE OR A HOUSE OR WHATEVER.
WELL, IT'S BUILT, IT'S, IT'S BUILT, IT'S AN ACCESSORY STRUCTURE.
AND HOW IS THAT DEFINED ACCESSORY STRUCTURE? I'M SORRY? AND DOES THE WORD ACCESSORY STRUCTURE HAVE A SPECIFIC CONNOTATION TO IT? YES.
IT'S, UM, I FORGET THE, THE, IT'S SUBSERVIENT.
IT'S SUBSERVIENT, BUT THAT'S NOT THE WORD THEY USED.
UM, INCIDENTAL AND, UM, WHAT'S THE SECOND WORD? UM, INCIDENTAL TO THE PRINCIPAL.
THERE'S ANOTHER WORD IT'S SAYS.
SO DOES THAT LIMIT ITS USE THE WAY EVE IS TRYING TO GET TO? WELL, THERE ARE PERMITTED ACCESSORY USES, SO YOU GOTTA LOOK AT WHAT'S PERMITTED AS AN ACCESSORY USE.
BUT THAT SPACE, THAT SPACE WOULD NOT HAVE THE PROPER CEILING HEIGHTS TO BE USED LAWFULLY AND LEGALLY NOR THINK DO THEY HAVE, NOR DOES THE CODE PERMIT THAT TYPE OF HABITABLE SPACE IN A DETACHED ACCESSORY STRUCTURE.
EXCEPT WE'RE LOOKING AT ADUS NOW.
AND THEY COULD BE, YOU KNOW, YOU, YOU, YOU, YOU COULD ASK FOR VARIANCE IF THEY ADUS ARE PERMITTED TO, YOU KNOW, PUT IN A, A DORMER OR SOMETHING SO THAT YOU WOULD HAVE TRUE THE HEIGHT THAT YOU COULD USE.
I BELIEVE THOUGH, THE POINT WAS MADE IN TERMS OF HOW DO YOU PROVIDE SERVICES TO THAT, UH, STRUCTURE AND, UH, UH, WELL, IF YOU'RE GOTTA PUT IN A D U, IT'S GONNA PAY FOR ITSELF.
THEY'LL PUT IT IN, IT WILL THEN IT'S UP TO THE BILLING DEPARTMENT TO ISSUE A VIOLATION.
NO, IT WOULDN'T BE A VIOLATION TO DO IF ADUS GET APPROVED, WHICH IS
I DON'T KNOW IF THAT REALLY SHOULD ENTER THE, THE EQUATION.
UM, I, I'M, I'M NOT SAYING IT SHOULD ON THIS ONE.
I'M JUST SAYING THAT'S MY THINKING OF, I'M TRYING TO LOOK FORWARD AT, YOU KNOW, THE THINGS THAT ARE GOING TO HAPPEN IN THE FUTURE.
I'VE BEEN ON THIS BOARD LONG ENOUGH TO SEE A LOT OF THINGS HAPPENING THAT PERHAPS WE DIDN'T ANTICIPATE BEFORE.
I MEAN, BUT IF ADUS ARE APPROVED, THAT'S THEY'RE GONNA GO UP ALL OVER THE PLACE.
THEY ARE WHEREVER THEY CAN FIND A PLACE TO DO IT.
SO, I MEAN, I THINK FOR THIS PARTICULAR APPLICATION, THERE'S NO SEWER WATER CONNECTED TO IT NOW.
THERE'S NO, IT'S NOT HABITABLE IN TERMS OF THE CEILING HEIGHT.
AND I, I MEAN, I, I, I DON'T, I DON'T HAVE A PROBLEM WITH IT
YOU KNOW, THEY CUT BACK THE DRIVEWAY A BIT AND, UH, IT'S A BIG, IT'S ON A LARGE LOT THAT IT ABUTS ANOTHER DRIVEWAY.
WE SAW THAT, NOT THAT THIS IS RIGHT, BUT ALL OF THE DRIVEWAYS PRACTICALLY IN THE ENTIRE NEIGHBORHOOD ARE NON-CONFORMING.
NOT THAT THAT'S A GOOD THING, BUT, WELL, MY, MY FEELING IS I'M NOT SURE WHAT THE, UM, HALF OF A STORY HAS TO DO WITH THE VARIANCE REQUEST IN FRONT OF US.
AND, UM, ALTHOUGH WHAT ANTHONY HAD SUGGESTED, UM,
[02:15:02]
COULD BE CONSIDERED AS A GOOD IDEA, UH, REALISTICALLY, UM, IF THAT SPACE ABOVE THE GARAGE IS USED AS STORAGE, UM, GETTING RID OF ACCESS TO THAT STORAGE OR EASIER ACCESS TO THAT STORAGE, UM, I THINK IS UNNECESSARILY PUNITIVE.I DON'T KNOW ABOUT YOU GUYS, BUT STORAGE, YOU KNOW, IF I WANT, IF I HAVE SOMETHING HEAVY THAT I WANNA STORE AWAY, UH, TRYING TO GET IT THROUGH, UM, AN ACCESS HATCH IN THE CEILING, UH, THE WORST VIA A LADDER
SO, AND, UM, I I, I DON'T FEEL THAT THERE'S A NEED TO GET RID OF THE, THE STOOP AND THE, UM, THE EXTERIOR ACCESS TO THE STORAGE ABOVE.
AND IF YOU PLAY IT OUT, UH, IF, UM, IF THEY WANTED TO RAISE THE, UH, CEILING TO MAKE IT HABITABLE, THEY WOULD NEED A BUILDING PERMIT.
AND AS OF NOW, THAT WOULD NOT BE PERMITTED BECAUSE YOU CAN'T HAVE, UH, ADDITIONAL, UH, DWELLING UNITS MORE THAN ONE ON THE LOT.
SO THEY WOULD NEED A VARIANCE.
SO I THINK AT THIS POINT IN TIME, YOU PROBABLY DON'T NEED THAT KIND OF A CONDITION.
THOSE STAIRS ARE TO THE LEFT OF THE GARAGE TOWARDS THE PROPERTY LINE? NO, THE STAIRS ARE IN THE REAR.
ANTHONY, IS THIS THE, THE, THE, WAS THE GARAGE CONSTRUCTED IN THE RIGHT PLACE TO BEGIN WITH? OR WAS THERE A MISTAKE IN ITS CONSTRUCTION? N N NO IDEA.
WAS N NEVER PERMITTED FOR WAS MANY YEARS AGO WAS WAY PRIOR TO THESE APPLICANTS.
SO I, I DON'T HAVE AN ANSWER TO THAT QUESTION.
I CORRECT IF THE BOARD IS INCLINED TO, WELL, I GUESS YOU SHOULD DRAW A VOTE, BUT I, I DO WANNA NOTE THAT, UM, THE STEEP SLOPE ANALYSIS THAT WAS PREPARED, I THOUGHT WAS VERY HELPFUL.
AND TO ME WHAT THAT INDICATED IS THAT IF THE APPLICANT OR SOME APPLICANT IN THE PAST HAD ATTEMPTED TO PLACE A CONFORMING DRIVEWAY AND A CONFORMING GARAGE, UM, MAY HAVE BEEN DIFFICULT WITH THE WAY THE GRADE IS AT THE STREET.
AND IN ADDITION TO THAT, UM, IT APPEARS THAT THERE WOULD BE ENCROACHMENTS INTO STEEP SLOPES.
SO I, I JUST FELT THAT THAT WAS A HELPFUL ANALYSIS.
OH, HAVE, HAVE LOU LOU ARE YOU, HE SAID YES.
WHY ARE YOU ABSTAIN, RONAN? UH, YOU HAVE ENOUGH VOTES? THREE.
YOU HAVE ENOUGH VOTES ALREADY.
WHAT ABOUT E I WASN'T IN FAVOR OF IT IN THE BEGINNING, REMEMBER? I WAS TRYING TO FIGURE OUT A WAY TO
I HAD, I I MADE THAT STATEMENT WHEN I FIRST SPOKE.
UM, HOWEVER, HOWEVER, UM, GOING ON WHAT ANTHONY JUST SAID, AND ALSO GARY, REGARDING THE, UM, STEEP SLOPE ASSESSMENT, I, I THINK I CAN BE SWAYED.
OKAY, THEN WE WON'T ASK YOU TO WRITE.
NO, YOU CAN BE, THAT DOESN'T MEAN THAT YOU'RE
I THINK THOSE LEGALESE CAN BE YOU NEED, YOU NEED THE AFFIRMATIVE NOW.
THAT'S, WE APPARENTLY DO KNOW WHAT ROWAN'S THINKING IS.
I, YOU KNOW, THAT EVE BUYERS BEWARE.
IT'S RIGHT THERE AND THERE WE MAKE NO REPRESENTATIVE ZONING REQUIREMENTS.
THE, THE POINT, THE QUESTION IS, IS IT YES OR NO? I SAID ABSTAINED.
SO WILLIAM, I THINK IT COMES DOWN TO YOU.
[02:20:01]
WHAT'S E MY NOTES.SHAUNA, IS SHE STEAL? SHE'S STILL A NO.
NO, DON'T SAY DON'T SAY YOU'RE GONNA FLIP A COIN.
AND WHO WANTS TO WRITE IT UP? I'M NOT GONNA ASK WILLIAM.
LOU, DO YOU WANNA WRITE IT UP? I THINK KEN SHOULD WRITE THIS ED.
HONESTLY, I THINK YOU SHOULD BECAUSE WE RARELY GRANT, UH, WELL, IT'S NOW 0.5 RATHER THAN ZERO.
AND UH, I CAN'T REMEMBER THAT WE'VE DONE THAT WITH DRIVE.
ROWAN, FIRST OF ALL, YOU DON'T HAVE A SAY IN THIS BOOK BECAUSE YOU'RE NOT VOTING.
BUT I STILL THINK ROWAN IS RIGHT, ED, YOU SHOULD WRITE THIS ONE OUT.
WHY? WELL THEN IT'S NOT GETTING DONE TONIGHT BECAUSE ALL OF THE STEEP SLOPE KRISTEN'S.
AND WE'RE GONNA, WE'RE GONNA KEEP GETTING THESE.
CHRISTINE IS GONNA WRITE IT UP.
BUT, BUT UM, CAN I WRITE IT, CAN WE DO THE, LIKE THE, YOU KNOW, THE FINDINGS BEGINNING FAR, THE FINDINGS ON THE YES.
WE'LL I'LL WRITE IT UP AND SEND IT TOMORROW.
SO I CAN YOU WANT ME TO WRITE IT TONIGHT?
SO I'LL WRITE IT UP AND WE'LL DO IT.
WE'RE ALL, THAT'S THE ONLY THING THE APPLICANT BY, THE ONLY THING THE APPLICANT IS CONCERNED ABOUT IS WHETHER IT'S A YAY OR A NAY.
HOW IT GETS WRITTEN OR WHEN IT GETS WRITTEN.
I DON'T THINK IS THAT IMPORTANT.
I WAS GONNA SAY, IF WE ALL HAVE TO GO BACK TO THE TOWN HALL, WE'RE GONNA BE REALLY UPSET AND SPOILED.
I MAY HAVE TO START MAKING CAKES AGAIN.
WE COULD STILL DO IT EVEN WHEN WE'RE BACK AT THE TOWN HALL.
WE COULD STILL WRITE IT UP THE NEXT DAY.
THEN I LIKE TO TYPE ANYWAY, MOVING ALONG.
WE'LL HAVE TO BRING THE LAPTOPS DOWN.
UM, WHERE ARE WE UP TO 22 AT 13 SOUTHWOOD PLACE.
SO THIS IS THE ONE WHERE THE ADDITIONAL VARIANCE IS NOT REQUIRED.
RIGHT, BUT IT DOES, IT DOES SET PRECEDENT.
AND THEN THEY'RE DOING 59 FOOT WIDE AND THEY'RE PUTTING ABOUT A 25 FOOT WIDE PARKING AREA IN FRONT OF IT.
IT JUST, AND IF YOU LOOK AT ALL THE HOUSES IN THE, IN THE NEIGHBORHOOD, IT JUST, THEY HAVE GREENERY AROUND THEM AND THEY'RE, IT, IT JUST DOESN'T LOOK LIKE THIS.
IT, IT REALLY, I I THINK IT IS AN EYESORE AND IT IT IS, IT DOES NOT MATCH THE NEIGHBORHOOD.
WHY DID WE ASK THEM TO DO, TO, DID WE ASK? SO AT THE LAST MEETING, WE ALL AGREED THAT WE HAD NO OBJECTION TO THIS, BUT THAT WE THOUGHT THERE WAS ANOTHER VARIANCE THAT THEY NEEDED TO REQUEST, RIGHT? CORRECT.
SO, AND THE REASON WE HAD NO OBJECTION WAS BECAUSE THE LOT SIZE IS NINE OVER 9,000, 95,000, 9,500 SQUARE FEET JUST WAY IN THE BACK IN AN R SEVEN FIVE DISTRICT.
AND THAT MANY OF THE PROPERTIES IN THIS NEIGHBORHOOD, I DON'T KNOW ABOUT THE DRIVEWAY, I DIDN'T FOCUS ON THAT, BUT MANY OF THE PROPERTIES IN THIS NEIGHBORHOOD, BASICALLY ALL THE, THE LOT WIDTHS ARE 60 FEET ALL OVER THE NEIGHBORHOOD.
IT'S, IT'S NOT COMPLETELY OUT OF THE ORDINARY FOR THIS NEIGHBORHOOD.
ALL OF THE LOTS ON GREENVILLE CIRCLE AT FRONT, GREENVILLE CIRCLE ALL 60 FEET.
SO ARE YOU SAYING THAT IF WE, IF THE DRIVEWAY WEREN'T SO LARGE, IT WOULD LOOK MORE IN CHARACTER WITH THE OTHER HOUSES? CAN IS THAT SOMETHING WE COULD DO OR NOT? I DON'T KNOW.
I DON'T KNOW WHAT WE'RE ALLOWED TO DO.
I DON'T BELIEVE THERE'S A VARIANCE BEFORE YOU FOR THE DRIVEWAY.
THERE'S NO, THERE'S NO THE ONLY VARIANCE
[02:25:01]
ZONING.THE ONLY VARIANCE IS FOR THIS, THE, UH, THE LU WITH I UNDERSTAND THAT.
I WAS ASKING, YOU KNOW, BASED UPON WHAT THEY PLAN ON BUILDING, COULD WE ASK THEM WOULD THEY CONSIDER DOING THAT? YOU CAN ASK THEM WHETHER YOU CAN ENFORCE THAT IS ANOTHER STORY.
AS LONG AS THEY, AS LONG AS WHAT THEY PROPOSE ON THAT LOT.
ONCE YOU GRANT THE VARIANCE CONFORMS, THEN THERE'S NO OPPORTUNITY FOR THE TOWN TO DENY FOR THE BUILDING DEPARTMENT LIEBERMAN WHAT I SAID.
AND BECAUSE THEY HAVE ALL THAT SPACE IN THE BACK THAT THEY'RE NOT PAVING AND DOING ALL THAT.
THEY, THEY'RE NOT COVERING TOO MUCH OF THE LAND AREA, YOU KNOW, THE SQUARE FOOTAGE.
BUT IT JUST, BUT SO THEY MEET A LOT OF THE CRITERIA, BUT IT'S JUST WHAT THEY'RE PLANNING WHEN YOU LOOKED AT ALL THE OTHER HOUSES AND WHAT THEY'RE PLANNING, YOU KNOW, EVEN, EVEN THE ONES THAT ARE SIMILARLY WIDE, I MUST SAY I TRIED TO APPROXIMATE, SEE WHETHER THE, THE FRONTAGES WERE ABOUT THE SAME.
AND YOU'RE RIGHT, THERE WERE MANY THAT HAD, THERE WERE OTHERS THAT DID, BUT THEY DIDN'T, THEY WEREN'T JUST PAVED OVER LIKE THIS.
OKAY, KRIS, I THINK KRISTY SHOULD STOP WORKING ON, ON OH NINE.
SHE SOUNDS, IT SOUNDS TO ME LIKE SHE'S
YOU'VE GOT 10 ALL, ALL FIGURED OUT ALREADY.
YOU CONVINCED ME LAST MONTH, CHRISTIE, SO I KNOW, I KNEW THIS WAS GONNA HAPPEN AGAINST THE OTHER ONE.
IT PROBABLY HASN'T WRITTEN ALREADY.
NO, I DON'T THAT WOULD'VE BEEN GOOD.
WE VOTED AGAINST THE OTHER ONE AND THIS ONE YOU CONVINCED ME ON IT, SO.
OH, THE OTHER ONE I'M AGAINST.
YOU WANT ME TO WRITE THEM BOTH? I WRITE THEM BOTH THAT I DO NONE NEXT MONTH
THAT'S, SHE'S RIGHT, SHE'S ABSOLUTELY RIGHT.
YOU DON'T NEED THEM BY TOMORROW.
CAN I, CAN I GET THEM TO YOU? LIKE CAN I WORK ON THEM OVER THE WEEKEND OR DO YOU REALLY NEED THEM BY TOMORROW? WELL, I HAVE TO, I HAVE TO GET IT TO DEBBIE SO SHE CAN PUT IT IN THE, UH, IT TO GO ONLINE TRANSCRIPT.
SO IT'S THE PROBLEM WITH NEXT WEEK, CAROL.
I DIDN'T SAY, BUT I SAID DEBBIE HAS TO PUT THE TRANSCRIPT TOGETHER AND INSERT THE FINDINGS.
WELL, I THINK IT'S A CUT AND PASTE.
SO I THINK IF YOU BY MONDAY WOULD BE FINE.
I, WELL, I HAVE A VERY BUSY DAY TOMORROW.
I COULD DEFINITELY, I I'LL SEE WHAT SINCE CHRISTIE'S DOING, BUT I THINK YOU HAVE TO CONTINUE YOUR STRAW VOTE AS MUCH TIME AS YOU NEED.
I I THINK YOU HAVE TO CONTINUE YOUR STRAW VOTE HERE.
WE DIDN'T EVEN, WE DON'T KNOW.
WELL, UH, I, CHRISTY DIDN'T CONVINCE ME 'CAUSE I, I, I WASN'T HERE LAST MONTH, SO
AND I, I'M GOING, WELL, I'M IN FAVOR OF IT, BUT I DON'T LIKE THE IDEA THAT THEY'RE PAVING OVER THE FRONT YARD IS WHAT I WAS ASKING.
AND I THOUGHT WE HAD DONE THIS WITH SOMETHING WE CAN ASK AN APPLICANT IF THEY WOULD AGREE TO A CONDITION OF NOT DOING SOMETHING THAT THEY HAVE THE RIGHT TO DO.
AND IF THEY AGREE TO IT, DOESN'T IT RUN WITH ED? I'M NOT SORRY, I JUST WANNA BE CLEAR.
UM, I JUST WANNA BE CLEAR ON, UM, WHAT IS, IS IT, YOU'RE SAYING YOU'RE, YOU'RE CONCERNED THAT THE HOUSE IS TOO WIDE OR, OR THAT THE DRIVEWAY IS TOO WIDE? DRIVEWAY.
IT DO, WE HAVE THE WIDTH PROPOSED ON THE DRIVEWAY.
IT'S ABOUT 25 FEET AND THE ZONING CODE PERMITS 30 FOOT WIDTH DRIVEWAY.
SO IT'S UNDER, IT'S UNDER, BUT IT'S, BUT THE
[02:30:01]
PROPERTY IS, THE PROPERTY IS ALSO UNDER YEAH, SO IT SHOULD, IT IT'S NORMALLY 75 AND 30.BUT, BUT IT'S, BUT IT WOULD CONFORM TO THE SETBACK REQUIREMENTS FROM THE CORRECT TO THE SIDE YARDS.
AND IF IT, IF IT CONFORMS YOU, YOU CONDITION IT, BUT YOU, IT CAN'T BE ENFORCEABLE.
WELL, SO THE, THE, THE, THE LOT IS ESSENTIALLY IN R A CONFORMING R FIVE LOT.
IT'S, IT'S, IT'S IN EXCESS OF, UH, 7,500 SQUARE FEET, I BELIEVE.
BUT FROM A WIDTH PERSPECTIVE, IT'S IN EXCESS OF 50.
SO YOU HAVE R FIVE LOTS, UM, WIDTH, UH, 25 FOOT OR EVEN 30 FOOT DRIVEWAYS.
BUT I, I UNDERSTAND THE POINT.
UM, THERE ARE, YOU KNOW, NOT A PREDOMINANT AMOUNT OF DRIVEWAYS THAT ARE, I'M SORRY, WIDTHS THAT ARE 50.
UM, I JUST, I DON'T, YOU KNOW, I'D HAVE CONCERN ABOUT OFF STREET AND, AND NAVIGATING THE DRIVEWAY AND DOING, UH, TURNAROUNDS AND THINGS.
I DON'T KNOW IF YOU'D BE PROMOTING PARKING ON THE, ON THE SIDE OF THE DRIVEWAY WITH A A, A LESSER DRIVEWAY WITH, YOU KNOW, I, THEY COULD, THEY COULD PARK BEHIND, THEY COULD PAVE BEHIND.
THERE'S LOTS OF SPACE BEHIND THE HOUSE.
FIRST OF ALL, IT'S DRIVEWAY BY ANTHONY.
IS THERE A, A, A PROPOSED PLAN OR IS THIS JUST SHOWING WHAT THEY MIGHT BUILD? THIS IS SHOWING YOU WHAT THEY MIGHT BUILD.
SO THERE IS NO SET IN STONE PLAN TO BUILD A HOUSE AND A DRIVEWAY OF THAT WIDTH? NOT THAT I KNOW OF.
IN ORDER TO ENFORCE A CONDITION LIKE THIS, IT WOULD HAVE TO BE DONE BY A DEEDED RESTRICTION BECAUSE THESE PEOPLE CAN THEN FLIP THE, THE LOT, SELL IT TO SOMEBODY ELSE.
AND UNLESS IT'S A DEEDED RESTRICTED, UH, THEY, THEY'RE NOT, THEY WOULDN'T BE BOUND.
AND WOULD THE PLANNING BOARD, BECAUSE THE PLANNING BOARD WILL ENSUE WITH SUBDIVISION IMPROVEMENT, UH, A PLAN AND SUBDIVISION, UH, REVIEW, THEY WOULD STILL HAVE TO COMPLETE THAT, THAT COMPONENT OF THE, THE PROCESS.
UM, THE PLANNING BOARD IS ALSO CHARGED WITH LOOKING AT CONFORMANCE WITH THE NEIGHBORHOOD.
UM, THEY COULD ALSO, YOU KNOW, EITHER TAKE THAT COMMENT UNDER ADVISEMENT, UM, OR ONE COULD MAKE THAT COMMENT AT THE PUBLIC HEARING OF THE PLANNING BOARD.
BUT I'M GETTING THE SENSE THAT IT MAY NOT BE, UM, CORRELATED TO THE ZONING BOARD VARIANCE.
I COULD BE IN FAVOR OF THAT NOW.
YOU'RE SAYING THEY STILL, GARY JUST SAID YES.
UM, SO WHO'S GOING TO WRITE THIS? UPS? THAT'S ME.
UH, WELL, CHRISTIE, WELL, THAT'S RIGHT.
CHRISTIE, WHEN'S THE LAST TIME I TOLD YOU I LOVE YOU?
THIS MIGHT BE THE FIRST TIME
SO THE NEXT ONE IS A LITTLE SIMPLER.
IS EVERYBODY IN FAVOR? YES, I AM.
AND WHO WOULD LIKE TO WRITE IT UP? I THINK LOU COULD WRITE THIS ONE UP.
SO LOU IS TAKING BACK WHAT HE JUST SAID ABOUT CHRISTIE.
I DIDN'T SAY A WORD I SUGGESTED, I SAID I'LL TAKE 2022.
IT'S HAN THAT I HAVE A PROBLEM WITH.
AND NOW WE HAVE THE IN-LAW, THIS ONE, AND I DO THE NEXT ONE.
THIS IS THE IN-LAW SUITE OVER THE GARAGE.
[02:35:02]
ALRIGHT.WHERE THEY'RE REDUCING THE FRONT YARD SETBACK FROM 20 FEET TO 6.3 EXISTING.
NOT RE NOT NOT, NO, NOT REALLY.
THE SECOND FLOOR, THE SECOND FLOOR ADDITION ON TOP OF THE GARAGE IS SET BACK 13 POINT 25 FEET.
IT'S SET BACK SEVEN FEET FROM THE FRONT OF THE GARAGE.
I THOUGHT IT WENT WITH THE NEIGHBORHOOD.
HMM? I THOUGHT IT WENT WITH THE NEIGHBORHOOD.
I'M JOINING SHAUNA ON THIS ONE.
NO, I'M NOT, I'M NOT VOLUNTEERING.
YOU READY FOR THAT? NO, NO, NO.
HE DIDN'T, HE DIDN'T, SHAUNA, HE DIDN'T SAY THAT, THAT YOU SHOULD WRITE IT.
OH, YOU SAID YOU CONVINCED HIM.
MY, YOU HAVE MY COUSIN'S FIRST NAME, SHAUNA.
HE, ROWAN SAID THAT HE, YOU CONVINCED HIM, UH, SUCH THAT HE CAN WRITE THE DECISION.
I'M WAITING FOR THE MEETING TO BE DONE.
TO GO WATCH THE SOFIS AND THE HEAT.
CAROL, GIVE BACK TO LOU, PLEASE.
WHEN DO YOU WANT THE WEEK AFTER NEXT,
OH, IT'S GONNA BE FUN GETTING TOGETHER NEXT MONTH.
AND JUST BEFORE THIS ONE, THIS ONE HAS FOUR VARIANCES IN IT.
AND JUST BEFORE WE WHOLE THANK YOU UP THE WHOLE TIME, I THINK WE HAVE TO VOTE ON IT.
WELL, NOBODY'S VOTED AGAINST IT YET.
SO
DO I HAVE A STRAW VOTE FOR THE APPLICATION.
AND IT'S GONNA BE, WHERE DID HE GO? I'M, YOU CAN'T SEE ME? NO.
NOW I WAS TRYING TO SEE WHICH PLANS WE'RE USING HERE.
OH WAIT, I WROTE THAT DOWN ACTUALLY.
WHERE DID I PUT IT? APRIL 13TH, 2022.
AND FOR 2013, THE PLANS WERE SUBMITTED.
UH, THE SEEKER IS AN UNLISTED ACTION EVE, WHICH I SENT YOU.
AND THOSE PLANS WERE SUBMITTED MARCH 11TH.
IN 2209, THE PLANS WERE SUBMITTED MARCH 15TH AND REVISED MAY 19TH.
ED, I SHARED WITH YOU, UH, IN THE CHAT THE THREEFOLD, UH, SEEKER RELATED, UH, MOTIONS.
UH, SHOULD I SEND THAT TO EVE? IS THAT, WHO WOULD, UH, READ THAT? YES.
EVE, I'M GONNA SEND YOU IN THE CHAT, UM, THAT SAME MESSAGE, WHICH IS ESSENTIALLY, UH, DECLARE THE Z B I AS LEAD AGENCY, DECLARE THE ACTION UNLISTED, AND THEN RENDER A NECK DECK.
BUT I'VE SPELLED IT ALL OUT FOR YOU SO YOU CAN RECITE IT.
[02:40:05]
AND THIS IS, ARE WE DONE? WE'RE WRITING, HON.THE PROTOCOL IS THAT THE, THE BOARD MEMBERS ARE, UH, DOCUMENTING SOME OF THE DECISIONS THAT WILL BE RECITED, UH, WHEN WE GO BACK INTO THE, UM, UH, REGULAR PORTION OF THE MEETING, WHICH WILL BE DOCUMENTED BY TRANSCRIPT.
FIRST, FIRST PART OF THE MEETING'S, TESTIMONY, THEN WE HAVE DELIBERATION, AND THEN WE GO BACK ONTO THE PUBLIC HEARING, IF YOU WILL.
AND THE VOTES, OH, I WAS ON MUTE.
NOW WHERE IS, I ASSUME THIS IS 20, LET'S SEE, EIGHT HERE.
AND THIS ONE IS, NOPE, IT'S THE SAME ONE.
SHAUNA, I, I'M GOING TO SEND YOU, THERE, THERE ARE FORMS THAT THE BOARD MEMBERS USE AND TO GRANT.
AND THEN THERE'S ONE FOR DENYING.
AND THEN I'LL SHOW, I'LL FORWARD YOU SOME DECISIONS SO YOU CAN SEE WHAT THEY ACTUALLY LOOK LIKE.
[02:45:27]
THIS'S.I AM GETTING TWO MESSAGES HERE.
IF THE BOARD DOESN'T HAVE ANY OTHER QUESTIONS FOR ME, I'M GONNA SAY GOOD EVENING.
[02:55:27]
[02:55:28]
CAROL, DO YOU HAVE ANY IDEA OF WHAT EXTRAORDINARY CIRCUMSTANCES QUALIFY AS FOR NOT ATTENDING? I DON'T UNDERSTAND.WHAT DO YOU MEAN NOT TALKING ABOUT? WELL, ACCORDING TO WHAT, UH, ED HAD HAD PROVIDED US WITH, THAT WE HAVE TO HAVE, AT LEAST, UNLESS THE LAW IS, IS AGAIN, ALTERED, WE WOULD HAVE TO HAVE AT LEAST A QUORUM OF FOUR BOARD MEMBERS TO BE PRESENT.
AND ANYONE WHO WANTS TO ATTEND REMOTELY COULD DO SO, BUT THEY'D HAVE TO DEMONSTRATE EXTRAORDINARY CIRCUMSTANCES.
I GUESS IF YOU'RE, MAYBE ILL, OR I DON'T KNOW, CAN HAVE A MEMO SENT OUT TO THE BOARD.
WE'LL SPEAK WITH, UH, DAVID FRIED, WHO'S BEEN FOLLOWING THIS CLOSELY.
[03:01:02]
IS EVERYBODY STILL WRITING OR ARE WE DONE? I'M ONLY DOING THE MOTIONS, SO I'M DONE.HAS ROWAN FINISHED ALL HIS DECISIONS WATCHING THE GAME ALREADY?
THEY'RE UP BY 20 SOMETHING, SO THAT'S NOT FUN.
OH, YOU SEE, MY, MY RIVALRY GOES BACK TO, UH, BOARDING SCHOOL.
MY COACH, MY COACH WAS A HUGE CELTICS FAN FROM NEW ENGLAND IN HIGH SCHOOL, SO I WAS A LAKER FAN.
SO WE HAD SOME BANTER AND IT WAS FUNNY, EVEN AT THE DINNER TABLE.
WELL, CAROL PITCH A GUY, PICTURE A GUY FROM NEW YORK, A LAKER FAN, IN, IN, IN, IN, IN CELTICS COUNTRY.
AND, AND I, I WAS AT THE, UH, THE GARDEN GAME WHEN PORTLAND BEAT THEM THAT ONE SEASON.
AND ONE OF MY GOOD FRIEND IS, UH, UH, TICKET HOLDER FOR THE, UH, CELTICS.
AND HE BROUGHT ME TO THE GAME WITH MY ROOMMATE.
'CAUSE I STILL COULDN'T STAND THE CELTICS
I WAS CHEERING, I WAS CHEERING FOR PORTLAND
I'M GREAT WITH WHAT THEY DID, BUT I'M A, YOU KNOW, I'M A LATE AFFAIR, SO I WON'T MIND MIAMI BEATING THEM, BUT THEY'RE KILLING THEM.
IT'S DANGEROUS TO SAY YOU'RE A BOSTON, ANYTHING FAN IN NEW YORK,
HE WAS, HE WAS, THIS WAS IN MASSACHUSETTS AND MAINE.
I WAS, I WAS IN THE HEART OF THE HEART OF CELTICS NATION, BUT MY, MY HUSBAND WOULDN'T LET OUR SON APPLY TO ANY COLLEGES OR GRADUATE SCHOOLS IN BOSTON.
'CAUSE HE THOUGHT HE'D GET BEAT UP.
I'M SURPRISED I SURVIVE
THAT'S WHAT SPORTS FOR US, YOU KNOW, IT BRIDGE BARRIERS AND GAP, WHICH IS AWESOME.
[03:05:46]
UH, THAT'S NOT GOOD.WHAT'S HAPPENING? OH, IT'S DONE.
SO WHERE DID PICKLEBALL ORIGINATE?
THAT'S PICKLES, NOT PICKLEBALL.
HOW YOU DOING, WILLIAM? ARE YOU DONE? I'M GETTING THERE.
ISN'T IT JUST TENNIS FOR OLD PEOPLE? NO, IT'S A DIFFERENT GAME.
IT, IT'S, UM, IT'S GONNA GET TO THE POINT.
IT MAY END UP BEING AN OLYMPIC SPORT AT SOME POINT, BUT IT'S PICKED UP EVERYWHERE TO PLAY IT INDOORS.
IT'S, IT'S LESS IMPACTFUL TO THE BODY AND EVERYONE IS FALLING IN LOVE WITH IT.
AND, AND YOU CAN TAKE ANY OLD TENNIS, LEFTOVER TENNIS COURT AND PLAY ON IT.
WELL, YOU HAVE TO CHANGE THE, UH, LINES.
YOU HAVE TO PUT DOWN LINES RIGHT TO JESUS.
YEAH, I'LL MAKE, I'LL MAKE IT UP ON THE FLY.
YOU KNOW WHAT ROANNE SAYS, IT'LL FIX IT.
I WAS JUST TRYING TO GET MY PERCENTAGES RIGHT HERE.
TWO EVE, I THINK WE CAN START.
IS GARRETT AROUND? GARRETT, PUT US BACK ON.
WE ARE BACK FROM OUR DELIBERATIONS THIS EVENING AND PREPARED TO GIVE YOU THE RESULTS OF WHAT WE ACCOMPLISHED.
CASE NUMBER 2126, BLOOM ENERGY CORPORATION HAS ASKED FOR, UH, PERMISSION TO OBSERVE FOR, TO, TO ABDUR, ASK FOR PERMISSION TO ADJOURN FOR ALL PURPOSES, UH, TO
[03:10:01]
JUNE 16TH.UH, DO I HAVE A MOTION? I MOVE THAT CASE NUMBER 21 DASH 26 BLUE MANAGER COOPERATION, UH, BE ADJOURNED UNTIL JUNE, 2020 2, 20 16.
ROWAN, WILL YOU GIVE US THE FINDINGS NOW,
AND THE NEXT CASE ON OUR AGENDA.
THIS IS CASE TWENTY TWO OH FOUR SIX TWENTY FIVE DOBBS FERRY REALTY.
AND AGAIN, WE ARE IN THE SAME POSITION THAT, UH, AN ADJOURNMENT IS REQUIRED AT THIS POINT.
SO DO I HAVE A MOTION TO, YOU DON'T NEED TO MOVE ON THIS, THE, THE COURT IS DOING THAT.
SO IT'S BEEN ADJOURNED TO, AGAIN, THE MEETING OF JUNE 16TH, THE NEXT CASE ON TONIGHT'S AGENDA, ALSO 2205 HAS ALSO BEEN ADJOURNED TO THE MEETING OF JUNE 16TH.
NEXT WE COME TO CASE NUMBER FOUR, I'M SORRY, FOURTH ITEM ON OUR AGENDA, I SHOULD SAY CASE 2208, SCARSDALE GOLF CLUB.
AND WHEREAS I MAKE A MOTION TO DECLARE THE ZONING BOARD OF APPEALS AS LEAD AGENCY.
AND AGAIN, ON CASE 2208 SCARSDALE GOLF CLUB, I MAKE A MOTION TO DECLARE THE ACTION AS UNLISTED.
AND THE LAST MOTION WITH RESPECT TO CHARLES DALE GOLF CLUB IS A MOTION TO MAKE A NEGATIVE DECLARATION WITH RESPECT TO THE PROPOSED ACTION AS PART OF A COORDINATED REVIEW UNDER SEEK UNDER SEEKER? YES.
AND THIS MATTER IS NOW ADJOURNED TO AUGUST 16TH, 2022 AND CLOSED FOR DECISION ONLY ON AUGUST.
I SAY AUGUST? YEAH, I'M READING JUNE.
I'M SORRY, I'VE HAD A, I HAD A ROUGH, ROUGH DAY.
UM, THE NEXT CASE WE HAVE ON TONIGHT'S AGENDA IS CASE 2209 VIGA PROPERTY AT 1 32 RUSSELL STREET.
AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO C A COMPLIANCE AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
AND IS THERE A MOTION? UH, YES.
I MOVE THAT THE APPLICATION IN CASE NUMBER 2209 BE GRANTED PROVIDED THAT THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLANS 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 APPROVED HEREIN.
I SKIPPED THE SECOND ONE BECAUSE IT'S WHEN IT'S NOT CONSTRUCTION, IT'S JUST LEGALIZATION.
IT DIDN'T REALLY MAKE SO MUCH SENSE, BUT OKAY.
THEN I'M GONNA DO THE FINDINGS.
DO YOU WANNA DO, YOU'RE NOT GONNA DO IT TONIGHT? I, NO, NO.
[03:15:01]
READY AT A FUTURE.MR. HARRISON ABSTAINS, UM, WE ARE NOT GOING TO READ THE FINDINGS TONIGHT DUE TO THE, UH, LATENESS OF THE HOUR.
HOWEVER, THEY WILL BE PROVIDED, UM, IN THE, I'M SORRY, IN THE, IN THE MINUTES OF THE PROCEEDINGS AND AVAILABLE TO ANYONE IN THE COMMUNITY FOR INTERESTED IN HAVING AND GETTING THAT INFORMATION.
AND THE NEXT AND THE SAME IS TRUE OF THE OTHER REMAINING CASES THAT WE DO HAVE THIS EVENING THAT WE, UH, PERHAPS WILL APPROVE.
THE NEXT CASE WE HAVE IS CASE 2210 LEROY AND VIVIAN NEWMAN.
AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SEEK COMPLIANCE, AND WHEREAS THE GREENBERG PLANNING BOARD AS LEAD AGENCY CONDUCTED A COORDINATED REVIEW AND DETERMINED THAT THE SUBJECT APPLICATION IS AN UNLISTED ACTION AND WHEREAS THE GREENBERG, UH, WHEREAS THE PLANNING BOARD HAS DETERMINED THAT THE PROPOSED ACTION WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT AND HAS ISSUED A NEGATIVE DECLARATION ON MARCH 14TH, 2022.
DO I HAVE A MOTION OR SECOND? I'M SORRY.
NOW, DO WE HAVE A MOTION? YES.
I MOVE THAT THE APPLICATION IN CASE NUMBER 2210 BE GRANTED PROVIDED THAT THE VARIANCE BEING GRANTED IS FOR THE IMPROVEMENTS SHOWN ON THE PLANS SUBMITTED IN SUPPORT OF THE 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 IT AND SHAUNA, YOU'RE YOU SHAUNA, DID SHAUNA VOTE? NO, BUT YOU HAVE, YOU HAVE FOUR OTHERS? YOU HAVE FOUR.
I JUST WANTED TO KNOW YOU VOTE THOUGH.
THIS IS RU RUSSELL STREET CHAIR VOTES NAY.
WAIT, I THOUGHT THIS WAS THE NEXT ONE.
SO YOU VOTED, YOU VOTED NAY ON RUSSELL STREET? YES.
AND SHAUNA, YOU VOTED NAY ON ON SOUTH? YES.
AND DO I HAVE A MOTION? I JUST DID THE MOTION THIS RIGHT ON SOUTHWOOD? YEAH.
HE'S ANOTHER SHORT ONE BECAUSE THERE, IF YOU ARE SCARING ME FOR A FEW MORE MINUTES, STEVE, UM, I, I'LL TELL YOU GUYS WHAT'S GOING ON LATER.
UM, NEXT CASE IS CASE 2213, XAVIER XAVIER PROPERTY AT 1 72 HAMPTON DRIVE.
AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO C A COMPLIANCE AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
CAN I SECOND THAT? ALL IN FAVOR? AYE.
AND IS THERE A MOTION? THERE IS MADAM CHAIR.
UM, I MOVE THAT THE APPLICATION IN CASE NUMBER 22 DASH 13 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE, SAME WITH THE BUILDING DEPARTMENT, THAT THE 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 APRIL 7TH, 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
[03:20:01]
DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.AND THAT THE VARIANCE BEING GRANTED IS FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.
ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
WAIT, DO I, DO I HEAR A SECOND? SECOND.
ALL IN FAVOR, SHALL AYE, SHANA? OKAY.
AND AS WE SAID, AS I SAID IN EARLIER, THOSE FINDINGS WILL NOT BE READ TODAY.
AND THE LAST CASE WE HAVE ON OUR AGENDA IS CASE 2214.
KIMBERLY LAU AND FOSTER OAKLEY PROPERTY AT NINE CHARLOTTE PLACE HARTSDALE.
AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THAT THE SUBJECT APPLICATION IS A, HAS REVIEWED THE SUBJECT APPLICATION WITH REGARD TO SECRET COMPLIANCE AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
AND DO WE HAVE A MOTION? YES, MADAM CHAIR, YOU DO HAVE A MOTION.
UH, MOTION MOVE THAT THE APPLICATION IN CASE NUMBER 22 DASH 14 BE GRANTED.
PROVIDED THAT ONE, THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILE THE SAME WITH THE BUILDING DEPARTMENT.
TWO CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN THE VARIANCE IS, OH, I'M SORRY.
YOU, I'LL WAIT TILL I THOUGHT YOU WERE DONE.
I THOUGHT YOU WERE DONE WITH THE MOTION.
THE VARIANCE IS BEING GRANTED OFF OF THE IMPROVEMENTS SHOWN ON THE PLANS.
WE DON'T HAVE TO READ THE THIRD ONE.
WHY NOT? ALL IN FAVOR? 'CAUSE WE CHANGED THIS AGAIN, ED.
THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.
ONLY ANY FURTHER ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING AUDIENCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORM TO THE SETBACK OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
AND WITH THAT AND UH, TAKE OUR, HEY, WAS THERE A SECOND EVE? WAS THERE A SECOND ON HIS MOTION? LOU DID.
WAS OUR SECONDS FOR US? HEY CAROL.
CAROL, DO YOU HAVE THE UM, THAT THAT DRAWING FOR THE 1 32 RUSSELL THAT SHE WAS SHOWING? LIKE THERE WERE NEW PLANS OR SOMETHING? YOU'RE ON MUTE.
BUT WHAT'S THE DATE OF THE PLANS? DO YOU KNOW? OH YES, THE, OR CAN YOU FORWARD IT TO ME? JUST FORWARD IT TO ME.
IF YOU HAVE IT ON EMAIL, JUST FORWARD IT TO ME.
I'LL HAVE TO DO IT TOMORROW 'CAUSE I SHUT DOWN MY COMPUTER.
I GET PHONES ADJOURN FORMALLY.