[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS ONLINE VIA ZOOM DRAFT AGENDA THURSDAY, August 11, 2022 – 7:00 P.M. Please Take Notice that, the Zoning Board of Appeals of the Town of Greenburgh will hold a Public Hearing on Thursday, August 11, 2022 at 7:00 p.m.. The meeting will take place online via Zoom. If you would like to participate in or view the meeting via Zoom, please pre-register through the Department of Community Development and Conservation by emailing publichearing@greenburghny.com or calling 914-989-1530, specifying the application(s) that you would like to speak on. Instructions to participate will then be emailed to you or you will receive a return phone call. All persons interested in viewing meeting live can also do so via the Town’s website at https://ny-greenburgh.civicplus.com/485/Watch-Live-Board-Meetings or local Altice Channel 76 and Verizon/FiOS Channel 35. In addition, individuals may submit comments via email to publichearing@greenburghny.com, or regular mail to Deputy Commissioner, CD & C, 177 Hillside Avenue, Greenburgh, NY, 10607, and such comments will be made part of the record ]
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UM, THE MEETING OF THE ZONING BOARD OF APPEALS WILL COME TO ORDER.
WE HAVE NINE CASES ON TONIGHT'S AGENDA.
UH, HOWEVER, A COUPLE OF THE CASES HAVE BEEN ADJOURNED TO THE, UH, FUTURE MEETINGS.
UM, UH, AT THE MOMENT WE CURRENTLY HAVE, UH, FOUR BOARD MEMBERS TONIGHT.
UH, SO, UH, WHAT THAT BASICALLY MEANS IS THAT, UM, YOU, WE NEED A MAJORITY VOTE.
SO YOU HAVE TO HAVE ALL FOUR VOTES FOR YOUR, UM, APPLICATION.
UH, OTHERWISE UNANIMOUS, IT HAS TO BE UNANIMOUS.
OTHERWISE, UM, IT'S AN AUTOMATIC DENIAL.
IS THAT CORRECT? UH, SO YOU CAN OPT TO, UH, HAVE YOUR CASE HEARD ON A NIGHT WHEN WE HAVE, UM, UH, MORE BOARD MEMBERS HERE.
UM, AND DON'T YOU GO THROUGH THE, THE CASES THAT ARE BEING ADJOURNED.
SO ON TONIGHT'S AGENDA, CASE NUMBER 2205 IS BEING ADJOURNED, UM, TO THE MEETING OF SEPTEMBER 15TH, WE'D HAVE TO TAKE A VOTE ON THAT.
UM, DO WE TAKE THAT VOTE NOW? OR MIGHT AS WELL.
SO, UH, I MAKE A MOTION THAT CASE NUMBER 2205, UH, BE ADJOURNED UNTIL THE MEETING OF SEPTEMBER 15TH.
WAIT, CAN YOU GO BACK, MARIANNE? I DIDN'T EVEN PRINT THIS AGENDA OUT, SO, YEAH.
SO IF IT'S HELPFUL, I CAN, I CAN ASSIST.
SO YOU INDICATED 2205 OR OKAY.
THE NEXT ONE WOULD BE MARIAN WOODS.
MARIAN WOODS HAS ALSO, UH, REQUESTED AN ADJOURNMENT TO THE MEETING OF OCTOBER 20TH, 2022.
SO I MOVE THAT THE CASE NUMBER 2215 BE ADJOURNED TO OCTOBER 20TH, 2022.
THERE ARE NO OTHER REQUESTS FOR ADJOURNMENT.
UM, AND YOU WANT ME TO SAY SOMETHING ABOUT THOSE FORESTDALE GOLF CLUB? YES.
SO, UM, AS YOU MAY OR MAY NOT BE AWARE, THE SCARSDALE, UH, GOLF CLUB HAS ASKED TO WITHDRAW, UH, A PORTION OF THEIR APPLICATION FOR AREA VARIANCES SPECIFICALLY, UH, THE NETTING THAT WAS GOING TO BE ALONG THE DRIVING RANGE IN FRONT OF, UM, THE BUILDING ONE 40, UH, HARTSDALE AVENUE.
UM, SO THAT PIECE OF THE APPLICATION HAS BEEN WITHDRAWN.
THE REST OF THE APPLICATION, INCLUDING THE TENNIS BUBBLE AND THE, UH, THE NETTING PROPOSED ON THE 16TH HOLE IS MOVING FORWARD, UM, AT, FOR THIS TONIGHT.
SO WE'LL BE VOTING ON THOSE TWO PIECES OF THE APPLICATION.
IS THAT GOOD? YOU'LL BE HEARING IT.
YOU'LL BE HEARING, HEARING IT TONIGHT.
UM, HEARING AND QUOTING HOPEFULLY.
FOR, SORRY, I WASN'T PREPARED TO CHAIR.
UH, TONIGHT'S THE FIRST MEETING ON TONIGHT'S AGENDA IS CASE 2126 BLOOM ENERGY CORPORATION.
IF THERE'S AN APPLICANT HERE, UH, IF YOU COULD KINDLY UNMUTE YOUR MIC AND, UM, YOU HAVE SHARE SCREEN ABILITIES, IF YOU COULD PLEASE INTRODUCE YOURSELF, UM, AND WE'LL GET STARTED.
GOOD EVENING, MEMBERS OF THE ZONING BOARD.
I'M AN ASSOCIATE AT DELBELLO DONNEL AND WEINERT AND WISE AND WHITAKER HERE TONIGHT ON BEHALF OF BLOOM ENERGY AND ITS APPLICATION FOR AN AREA VARIANCE AND CONNECTION WITH THE DEVELOPMENT OF SIX NATURAL GAS CLEAN FUEL CELL ENERGY SERVERS ON THE PROPERTY LOCATED AT 1 51 FULTON AVENUE.
UM, AND I CAN PULL UP TO THE PLAN IF THAT'S HELPFUL, SO YOU CAN LOOK AT IT WHILE I'M SPEAKING.
LET ME KNOW IF YOU CAN ALL SEE THIS.
IS THAT GOOD? I CAN ZOOM OUT A LITTLE BIT.
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AND OKAY.IT SAYS I'M SCREEN SHARING, RIGHT? UNLESS I'M THE ONLY ONE MISSING IT.
STOP, SHARE AND RE-SHARE ONE MORE TIME.
UNLESS YOU ARE SHARING A BLACK SCREEN.
UM, WELL, WELL MY COMPUTER IS THINKING ABOUT SHARING, UM, OR IF YOU'RE CALLING ME CA OKAY.
YEAH, NOW YOU'VE STOPPED SHARING.
IF YOU WANNA GIVE IT ANOTHER SHOT, PLEASE.
LET ME ZOOM OUT HERE SO YOU CAN SEE THE WHOLE PROPERTY AND START SHARING AGAIN.
TWO, AND I THINK YOUR TEAM HAS, IF YOU CONTINUE TO HAVE ISSUES, IT SEEMS LIKE YOUR TEAM MEMBER, OH, THERE YOU GO.
SO HERE IS, UH, THE PLAN OF THE PROPERTY, AND I, I DON'T KNOW IF YOU CAN SEE MY ARROW, BUT DOWN HERE THIS IS THE PROPOSED FUEL CELLS WE'RE SPEAKING OF IN THE FRONT YARD.
UM, AND THEY'RE NOT WITHIN THE FRONT YARD SETBACK, THEY'RE JUST IN THE FRONT YARD.
AND ACCESSORY STRUCTURES ARE NOT PERMITTED IN THE FRONT YARD.
UH, SO THE FUEL CELLS WILL PROVIDE APPROXIMATELY 1500 KILOWATTS OF BASELOAD POWER TO THE ALTESE FACILITY, WHICH IS, WHICH AS I SAID, IS LOCATED AT 1 51 FULTON STREET.
AND, UH, BLOOM WAS BA LAST BEFORE YOUR BOARD, QUITE A WA EXCUSE ME, QUITE A WHILE AGO.
BUT WE HAVE BEEN RETAINED SINCE THEN AND WE HAVE WORKED EXTENSIVELY WITH THE PLANNING BOARD AND ITS CONSULTANTS.
AND DURING THAT PROCESS AND THE PLANNING BOARD'S REVIEW OF THE SITE PLAN, IT WAS DETERMINED THAT THE PROPOSED LOCATION OF THE FUEL CELLS IN THE FRONT YARD WAS THE BEST LOCATION DUE TO THE IRREGULAR SHAPE OF THE LOT, THE LOCATION OF THE EXISTING IMPROVEMENTS AND ACCESSIBILITY.
AND THE PLANNING BOARD HAS ISSUED TWO RECOMMENDATIONS TO YOUR BOARD.
THE FIRST WAS IN MAY, IN WHICH IT UNANIMOUSLY ISSUED A POSITIVE RECOMMENDATION BECAUSE IT BELIEVES THE PROPOSED LOCATION IS APPROPRIATE.
AND THEN THEY ISSUED AN AMENDED RECOMMENDATION IN AUGUST, AGAIN, ISSUING A POSITIVE RECOMMENDATION AND STATING THAT ALL ENVIRONMENTAL CONCERNS HAVE BEEN, AND SO WE'RE HERE TONIGHT REQUESTING AN AREA VARIANCE FROM SECTION 2 85, 36 J TO PERMIT THE ACCESSORY FUEL CELL STRUCTURE IN THE FRONT YARD.
I WOULD LIKE TO BRIEFLY RUN THROUGH THE STANDARDS WITH YOU, BUT JUST TO BEGIN, THE BENEFIT TO THE APPLICANT OUTWEIGHS ANY DETRIMENT BECAUSE THIS IS CLEAN ENERGY, IT ALLOWS THEM TO DRAW LESS POWER FROM THE GRID AND THERE'S LESS POLLUTION FOR THEN PULLING FROM THE GRID.
AND FIRST, THE FUEL CELLS WILL NOT HAVE AN UNDESIRABLE CHANGE TO THE NEIGHBORHOOD OR DETRIMENT TO NEARBY PROPERTIES.
THIS USE IS PERMITTED IN THE IB INTERMEDIATE BUSINESS DISTRICT AND WILL BE SCREENED WITH LANDSCAPING AND BALLARDS.
AND AS THE PLANNING BOARD STATED, THIS IS THE BEST LOCATION FOR THESE FUEL CELLS.
SECOND, THERE IS NO OTHER METHOD TO BENEFIT THE APPLICANT BECAUSE OF THE IRREGULAR SHAPE OF THE PROPERTY AND THE LOCATION OF THE EXISTING BUILDING AND THE REQUIRED ACCESSIBILITY TO THE FUEL CELLS, THIS HAS BEEN DETERMINED TO BE THE BEST LOCATION.
THIRD, THE VARIANCE IS NOT SUBSTANTIAL AS IT IS AN IRREGULAR LOT, AND THIS IS THE BEST LOCATION.
UH, IF A PRINCIPAL BUILDING WERE PROPOSED IN THE SAME LOCATION, UH, IT WOULD BE PERMITTED IN THIS AREA.
AS I SAID, THIS IS NOT WITHIN THE 20 FOOT FRONT YARD SETBACK.
AND FOURTH, THERE IS NO ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS.
THE FUEL CELLS WILL BE CONSTRUCTED OVER AN EXISTING PARKING AREA AND SURROUNDED BY GRAVEL TO OFFSET IMPERVIOUS SURFACES AND THEY WILL BE SCREENED WITH LANDSCAPING.
AND FIFTH, ALTHOUGH WE DO NOT BELIEVE THIS IS SELF-CREATED DUE TO THE IRREGULAR SHAPE OF THE LOT AND THE LOCATION OF THE EXISTING IMPROVEMENTS, IF THE BOARD FINDS IT IS SELF-CREATED, IT'S NOT PRECLUDED FROM GRANTING THE VARIANCE.
AND SO WE THANK YOU FOR YOUR CONSIDERATION THIS EVENING, AND AS GARRETT SAID, UH, MY TEAM IS ON THE LINE WITH ME, SO WE'RE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.
COULD YOU JUST REPEAT THE NUMBER THREE? OH, SURE.
SO THE VARIANCE IS, WE'RE SAYING THE VARIANCE IS NOT SUBSTANTIAL.
BASICALLY, IF A PRINCIPAL BUILDING WERE PROPOSED, BUT I DON'T HEAR YOU ANYMORE.
UH, HOPEFULLY HER VIDEO FEED COMES BACK.
UM, I KNOW THERE'S OTHER TEAM MEMBERS, UH, FROM THE APPLICANT'S SIDE, IF YOU INTENDED TO, UM, PRESENT ANY ASPECT OF THIS PROPOSAL, UM, PLEASE FEEL FREE TO GO AHEAD NOW WHILE ANNIE'S HAVING THOSE DIFFICULTIES.
HI, MY NAME IS KRISTEN GARLOW.
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SPECIALIST FOR BLOOM ENERGY.UM, UH, I'M ALSO, UH, THE, UH, APPLICANT WHO HAD SUBMITTED, UH, INITIALLY SUBMITTED THE, UH, ZONING BOARD APPLICATION TO THE BOARD AND ATTENDED THE FIRST MEETING.
UM, UH, ANNIE, UM, PRETTY MUCH OUTLINED EXACTLY WHAT OUR, UH, APPLICATION HAD STATED.
SO IF THERE, I'M NOT SURE IF THERE'S ANY FURTHER QUESTIONS OR CONCERNS OR IF ANYTHING WE NEED US TO FURTHER ELABORATE, UM, ON THIS ZONING BOARD APPLICATION.
YOU KNOW, PLEASE, PLEASE LET US KNOW.
WELL, I JUST WANTED CLARIFICATION ABOUT SOMETHING ABOUT IF YOU PUT A BUILDING THERE.
DO YOU KNOW WHAT SHE WAS TALKING ABOUT, GARY? UM, I BELIEVE SHE'S TRYING TO MAKE THE POINT THAT IF FIFTH WE WERE PROPOSING TO BUILD, UM, AN ACTUAL, LIKE A STRUCTURE, ANOTHER BUILDING OF SOME SORTS, UM, UH, THE, UH, USE WOULD BE PERMISSIBLE IN THIS, IN THIS AREA.
UH, I, I DON'T WANT TO QUOTE IT BECAUSE I'M NOT TOO FAMILIAR WITH THE WHOLE PORTION OF THE CODE.
UM, BUT I, I BELIEVE THAT'S WHAT SHE WAS TRYING TO STATE.
IT LOOKS LIKE MS. KLEIN HAS RETURNED.
SORRY, YOU COULD PLEASE CONTINUE OFF.
I DUNNO WHAT'S HAPPENING WITH MY COMPUTER.
IF YOU COULD CONTINUE WITH YOUR RESPONSE TO, UM, THE CHAIRPERSON'S QUESTION REGARDING, UH, CRITERIA NUMBER THREE.
SO THE, UM, IF THE PRINCIPAL BUILDING WAS PROPOSED IN THE SAME LOCATION AS WHERE WE'RE PROPOSING THE FUEL CELLS, THIS WOULD NOT REQUIRE AN AREA VARIANCE BECAUSE THIS IS AN ACCESSORY STRUCTURE IN THE FRONT YARD.
IT'S NOT WITHIN THE FRONT YARD SETBACK, IT'S ONLY WITHIN THE FRONT YARD ITSELF.
BUT WE'RE NOT ASKING FOR A VARIANCE FROM THE FRONT YARD SETBACK.
A PRINCIPAL BUILDING COULD BE LOCATED IN THE SAME LOCATION.
AND I APOLOGIZE FOR MY TECHNICAL DIFFICULTIES.
UM, DOES ANYONE ELSE HAVE ANY QUESTIONS? UH, I JUST WANTED TO, UH, CLARIFY, UH, WITH THE LOCATION OF THESE, UH, CELLS, UM, BECAUSE THEY EMIT, UH, C O TWO AND METHANE, WOULD, COULD THAT POSSIBLY, UM, ADVERSELY IMPACT THE HEALTH, SAFETY AND WELFARE OF THE NEIGHBORHOOD? HI, THIS IS AMANDA MARUFO.
I'M SENIOR MANAGER ENVIRONMENTAL COMPLIANCE WITH BLOOM.
SO WE DID EXTENSIVE MODELING, AIR EMISSIONS MODELING FOR THIS PROJECT, SPECIFICALLY WITH C O TWO, UM, AND DETERMINE THAT IT DOES NOT, IT IS BELOW THE HEALTH RISK SET BY D R ONE OR NEW YORK STATE.
SO THERE'S NO IMPACT TO THE RESIDENTS.
DOES ANYONE ANYONE ELSE FROM THE BOARD HAVE ANY QUESTIONS? DOES ANYONE FROM THE AUDIENCE HAVE ANY QUESTIONS? MR. BODEN? YES.
UM, WHEN THEY DO THE LANDSCAPING AND THE, UH, SHIELDING WITH PLANTS, UH, WOULD THEY PLEASE DO IT IN A FLEXIBLE MANNER AND NOT IN A STRAIGHT LINE AS HAS BEEN TRADITIONALLY DONE, I'M AN ARTIST AND IN THIS WORLD OF FLEXIBILITY, IT SHOULD BE DONE IN A WAY THAT'S AESTHETICALLY PLEASING AND NOT NECESSARILY EXACTLY THE WAY IT'S BEEN DONE IN THE PAST.
UM, THIS IS, THIS FLEXIBILITY AND THE ABILITY TO CHANGE THE WAY WE'VE ALWAYS DONE THINGS IS BECOME VERY IMPORTANT.
THE OLD WAY IS NOT NECESSARILY THE BEST WAY TODAY DUE TO GLOBAL WARMING.
SO I'VE SEEN A NUMBER OF PROJECTS WHERE PLANTS ARE LINED UP AND THERE'S NOTHING BEYOND THEM.
IT SHOULD BE INCLUDED TO AESTHETICALLY CORRECT.
THERE ARE NO FURTHER SPEAKERS.
WOULD, WOULD THE BOARD, UH, CARE TO SEE THE PLAN AGAIN? AND IF, IF, IF SO, WOULD THE APPLICANT KINDLY, UH, JUST IDENTIFY IF THERE'S ANY LANDSCAPING PROPOSED AS PART OF THIS PROPOSAL? THERE IS, UH, LANDSCAPING PROPOSED.
IT'S PART OF THE SCREENING, UM, ADDITIONAL SCREENINGS.
SO THERE IS ALREADY A SECURITY FENCE THAT RUNS ALONG, UM, WHERE THE SERVERS ARE BEING INSTALLED.
UM, I BELIEVE, UH, THAT IS FULTON STREET.
UM, I COULD PROBABLY JUST SHOW THE PLAN AND, UH, IF YOU DON'T MIND, IT'S ALONG, UH, RUSSELL STREET.
UM, SO THERE IS PROPOSED LANDSCAPING, UH, WHERE THERE'S ALSO ADDITIONAL SCREENING THAT'S GOING INSIDE AROUND INSIDE THE LOT AND AROUND THE FUEL CELLS.
UM, SO WITH THAT SCREENING, WE ARE PROPOSING LIKE ADDITIONAL LANDSCAPING TO MAKE IT LOOK AESTHETICALLY PLEASING.
UM, 'CAUSE THE ORIGINAL, UH, SCREENING
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THAT WE HAD PROPOSED WERE LIKE THESE VINYL SLACKS.THE PLANNING BOARD HAD THE SAME CONCERN.
THEY JUST DIDN'T LIKE THE WAY IT LOOKED.
UM, SO, UH, WE ARE WORKING, WE, WE'VE DISCUSSED THIS WITH THE PLANNING BOARD AS WELL AS FAR AS LIKE WHAT THEY EXPECT US TO HAVE AS, UH, YOU KNOW, THE PROPER LANDSCAPING.
SO IT, IT LOOKS, YOU KNOW, VISUALLY PLEASING.
NO FURTHER SPEAKERS, MADAM CHAIR.
UM, NO ONE ELSE HAS ANY, UH, TAKE IT UNDER CONSIDERATION AND WE'LL MOVE ON TO THE NEXT, TO THE NEXT MATTER.
WE APPRECIATE THE BOARD'S TIME.
UH, SO THE NEXT ONE ON TONIGHT'S AGENDA IS 2208 SCARSDALE GOLF CLUB.
CAN YOU HEAR ME ALL RIGHT? YES, YES, YES.
FOR THE RECORD, MY NAME'S STEVE RABEL.
I'M WITH THE LAW FIRM OF MCCULLOUGH GOLDBERG AND STOUT.
I'M HERE TONIGHT, AGAIN ON BEHALF OF SCARSDALE GOLF CLUB.
WITH ME TONIGHT IS BILL MENARD AND MATT SINO, THE MANAGER AND GROUNDSKEEPER FOR THE CLUB, AS WELL AS GRAHAM BROY, PRESIDENT OF THE CLUB.
WE ALSO HAVE ZACH PEARSON, OUR CIVIL ENGINEER FROM INSIDE ENGINEERING.
UH, SO JUST TO, UH, RESTATE WHAT, UH, BOARD MEMBER N STATED, UH, AT THE BEGINNING, FOR THOSE WHO MAY NOT BE AWARE, THE NETTING ALONG THE DRIVING RANGE HAS BEEN WITHDRAWN FROM OUR APPLICATION.
IT'S NO LONGER A PART OF THE PROPOSAL.
UH, AS, AS WE STATED IN OUR LETTER TO THE BOARD, WE WERE ASKED BY THE TOWN TO STUDY ALTERNATIVES AND SEE IF, IF ANYTHING ELSE MIGHT BE FEASIBLE, UH, WHICH WE'RE IN THE PROCESS OF DOING NOW, SO THAT THAT PORTION OF THE APPLICATION HAS BEEN WITHDRAWN AND IS NO LONGER IN FRONT OF THE GROUP.
WHAT REMAINS ARE THE 16TH HOLE NETTING AND THE PROPOSED SEASONAL ENCLOSURE OVER THE TWO EXISTING TENNIS COURTS? AND THOSE ARE UNCHANGED, UH, SINCE WE FIRST SENT THEM TO YOU BACK IN FEBRUARY.
UH, SO THOSE ARE THE SAME ELEMENTS THAT ARE INCLUDED IN YOUR NEGATIVE DECLARATION.
SO, UH, WE HAVE OUR TEAM HERE TONIGHT.
IF YOU HAVE QUESTIONS FOR US ON THE MATERIALS THAT THAT YOU HAVE, WE'RE HAPPY TO ANSWER THEM TO THE BEST OF OUR ABILITY.
UH, OTHERWISE WE WOULD, UH, SEED THE FLOOR TO THE PUBLIC HEARING FOR NOW.
WE, YOU KNOW, RETAIN THE REST OF OUR TIME TO RESPOND AS NEEDED.
ALRIGHT, DOES ANYONE ON THE BOARD HAVE ANY QUESTIONS? UH, YES.
I JUST WANNA CLARIFY, SINCE THIS HAS BEEN GOING ON FOR A COUPLE OF MONTHS, UM, WAS THE NETTING ON NETTING ON THE 16TH GREEN, UM, ASKED AT FOR VI VARIANCE BACK IN 2004? OR IS THIS THE FIRST TIME THIS IS COMING TO THE BOARD'S ATTENTION? THIS IS THE FIRST TIME THIS HAS COME TO THE BOARD'S ATTENTION, THE 2004 APPLICATION.
AS I UNDERSTAND IT, AND I'VE SPOKEN TO MEMBERS OF THE CLUB TO CONFIRM THIS, ONLY PERTAIN TO THE AREA AROUND THE DRIVING RANGE.
UM, SO I ATTENDED THE, UH, SITE VISIT TO THE, UM, TO THE, UH, GOLF CLUB, UH, I GUESS IT WAS A COUPLE OF WEEKS AGO.
AND, UM, A SAMPLE OF THE NETTING WAS, UH, BRUNT TO THE SITE AND I WAS ABLE TO LET AND EXAMINE IT.
UM, I JUST WANTED TO ASK THE QUESTION, IS THAT THE SAME NETTING THAT WAS PROPOSED TO BE USED IN THE PREVIOUS APPLICATION IN TWO OH OH 2004? OR IS THIS A NEW AND DIFFERENT MATERIAL THAN WHAT WAS PROPOSED? UH, I GUESS 17 YEARS AGO.
I DON'T KNOW IF YOU KNOW OFF HAND.
THAT MAY HAVE EVEN BEEN BEFORE YOUR TIME.
UM, I, I, I'M NOT SURE MR. CRISWELL, UH, IF THE MATERIAL WAS THE SAME.
UH, BUT WHAT I WOULD NOTICE THAT SUBSEQUENT TO THAT SITE WALK, I BELIEVE YOUR C A C ACTUALLY DID SOME INDEPENDENT RESEARCH AND FOUND THAT THE MATERIAL THAT'S PROPOSED NOW WOULD NOT HAVE ANY IMPACT ON WILDLIFE FOR BIRDS.
IT WAS MY UNDERSTANDING THAT THE TYPE OF, UH, NETTING THAT WAS PROPOSED BACK IN 2004 WAS SIMILAR TO WHAT WE'RE PROPOSING TODAY.
IT WAS NOT A, UH, IT WAS NOT A METAL MATERIAL, LIKE A CHAIN LINK FENCE.
UM, MAYBE A, A DIFFERENT, MAYBE A DIFFERENT NYLON OF SOME SORT.
AND, UH, IF WE, IF YOU COULD KINDLY JUST, UH, IDENTIFY YOURSELF FOR THE STENOGRAPHER,
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UH, THAT WAS WILLIAM MENARD AND FOR ALL FUTURE SPEAKERS, IF YOU COULD DO THE SAME.ANY OTHER QUESTIONS FROM THE BOARD? UH, OKAY.
WE'LL TAKE, UH, COMMENTS, QUESTIONS FROM THE PUBLIC.
UH, WE HAVE A FEW SPEAKERS THAT HAVE, UH, REACHED OUT TO ME.
AND AGAIN, IF YOU COULD PLEASE JUST USE THE RAISE HAND FUNCTION.
I WILL KEEP A LIST OF NAMES OR SEND ME A CHAT.
I'M SORRY IF I MISPRONOUNCE YOUR NAME.
I'M VERY PLEASED TO BE HERE TONIGHT.
THANK YOU FOR THIS OPPORTUNITY TO SPEAK.
UM, I'M AN ATTORNEY REPRESENTING THE 120 HARTSDALE CORPORATION, A RESIDENTIAL CO-OP AT ONE 20 EAST HARTSDALE AVENUE, IMMEDIATELY ADJACENT TO THE GOLF COURSE.
MY CLIENTS ARE ALL TOWN RESIDENTS.
SOME HAVE LIVED HERE FOR DECADES, OTHERS ARE NEWCOMERS AND EVERYTHING IN BETWEEN, BUT THEY ALL ENJOY THE LOCATION OF THE BUILDING AND THE BALANCE DEVELOPMENT IN THE TOWN.
GRANTING THESE FIVE VARIANCES WILL THREATEN THAT AND THEY OPPOSE ALL FIVE VARIANCES BECAUSE OF CONTROLLING PRECEDENT CURRENT LAW, AS WELL AS THE COST TO THEM AND THE COMMUNITY SHOULD ANY OF THEM BE GRANTED.
FIRST, UM, I NEED TO CLARIFY WHAT, UM, UH, STEVE RABEL SAID ABOUT THE 2004 CASE.
WE ARE REQUESTING THAT THE HEIGHT VARIANCE FOR THE NETTING AT THE 16TH HOLE BE IMMEDIATELY WITHDRAWN BY THE APPLICANT, OR THAT THIS BOARD DECIDE IT WILL NO LONGER CONSIDER IT.
THE NETTING HEIGHT VARIANCE REQUEST WAS ALREADY LITIGATED IN 2004.
THAT CASE, WHICH IS ZONING BOARD CASE FOUR DASH OH FOUR DASH FOUR EIGHT.
IN THAT CASE, THE BOARD DENIED IT IN 2005, THE SAME APPLICANT WITH THE SAME LAW FIRM REQUESTED NETTING IN TWO PLACES ON THE GOLF COURSE.
MR. RABEL IS CORRECT THAT ONE OF THOSE PLACES WAS A NEARLY IDENTICAL LOCATION TO THE REQUESTED NETTING THAT WAS JUST WITHDRAWN TWO DAYS AGO.
BUT THE SECOND NET WAS PROPOSED IN AN INTERIOR LOCATION OF THE GOLF COURSE, AND THE ZONING BOARD DENIED THE HEIGHT VARIANCE OF THAT NETTING AS WELL.
SO THIS IS JUST THE SAME NETTING IN A DIFFERENT PLACE.
THE APPLICANT DOESN'T GET TWO BITES AT THE SAME APPLE.
THE LEGAL DOCTRINE OF ADMINISTRATIVE REST ADJUDICATE PROHIBITS IT.
BUT WHAT IS HAPPENING HERE, BUT THIS IS WHAT'S HAPPENING HERE.
AND AT MINIMUM, THE DECISION IN 2005 BY THE ZONING BOARD OF APPEALS APPEAL IS CONTROLLING PRECEDENT.
THE ZONING BOARD OF APPEALS FOUND WHEN BALANCING THE REQUIRED FACTORS AS ESTABLISHED UNDER NEW YORK STATE TOWN LAW IN DETERMINING THE HEIGHT VARIANCE OF THE NETS, NOT THE NETS ON THE DRIVING RANGE.
THOSE WERE INCLUDED, BUT THE OTHER NUTS AS WELL.
THE ZONING BOARD AT THAT TIME SAID THAT THE ANY ALLEGED BENEFIT TO THE GOLF COURSE WAS, AND I'M QUOTING LARGELY UNDEFINED END QUOTE, AND WAS OUTWEIGHED BY THE DETRIMENT TO NEIGHBORING PROPERTIES AND THAT THE DIFFICULTIES EXPERIENCED BY THE CLUB WERE SELF-CREATED.
AGAIN, THIS IS FOR NETTING THAT WAS NOT ON THE DRIVING RANGE.
MY CLIENTS AT ONE 20 EAST HARTSDALE HAVE RELIED ON THIS PRECEDENT FOR 17 YEARS AND HAVING TO RE-LITIGATE WHAT WAS ALREADY DECIDED BY THE BOARD IS EMOTIONALLY TAXING, FINANCIALLY COSTLY, AND FRANKLY NOT LAWFUL.
ALSO THE CURRENT, ANOTHER REASON TO DENY THE CURRENT NETTING REQUEST AT THE SET 16TH HOLE, THE APPLICANT IS SEEKING A SIDE YARD SETBACK OF LESS THAN THREE AND A HALF FEET NEXT TO THE PROPERTY OF A SINGLE FAMILY RESIDENCE.
GRANTING THIS EXTREME VARIANCE FOR THIS NETTING THREE AND A HALF FEET FROM A FAMILY HOME WILL SET A TERRIBLE PRECEDENT IN A RESIDENTIAL COMMUNITY AFFECTING EVERYONE.
AND IT CHALLENGES THE IDEA THAT THE GOLF CLUB IS EXISTING IN HARMONY WITH THE COMMUNITY SURROUNDING IT.
I'D LIKE TO NOW JUST FOCUS A MINUTE ON THE AREA VARIANCE REQUEST FOR THE TENNIS ENCLOSURE.
THE ZONING ORDINANCE RELIED ON BY THE APPLICANT'S ATTORNEY FOR THE AREA VARIANCES FOR TWO OF THE THREE THAT THEY'RE SEEKING CLEARLY STATES WHY THIS BOARD CANNOT GRANT THOSE AREA VARIANCES.
THE GOLF CLUB IS PROPOSING THAT THE FRONT YARD SETBACK FOR THE TENNIS ENCLOSURE, THE TENNIS BUBBLE BE 92.1 FEET, THAT IS MORE THAN 107 FEET THAN THE 200 FEET REQUIRED.
BUT THE CODE, THEY ARE RELYING ON SECTION 2 85 10 A TWO A, WHICH IS IN THEIR LETTER TO THE, THIS BOARD STATES THAT TENANT COURTS CAN ONLY BE LOCATED LESS THAN 200 FEET FROM ANY LOT LINE IF THEY ARE, AND I'M QUOTING
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UN ILLUMINATED AND DESIGNED FOR DAYTIME USE ONLY.END QUOTE, THE APPLICANT HAS ALREADY STATED, AT LEAST IN CORRESPONDENCE TO THE TOWN'S PLANNING BOARD, THAT THIS TENNIS BUBBLE WILL BE OPEN THE EVENING.
AND MORE IMPORTANTLY, THAT THE BUBBLE WILL HAVE A SKYLIGHT, THAT LIGHT WILL GO THROUGH IT.
AND THEY'VE EVEN SAID IN THEIR DOCUMENT, WHICH I SUBMITTED TO ALL OF YOU TODAY, THAT IT WILL ACTUALLY HAVE A SLIGHT FLOW AT NIGHT.
THAT IS CLEARLY THE ILLUMINATION CONTEMPLATED IN THE TOWN'S OWN ZONING ORNAMENTS.
SIMILARLY, THIS SAME ORDINANCE SAYS THAT TENNIS COURTS CAN BE LOCATED LESS THAN 200 FEET FROM ANY LOT LINE.
I'M GONNA QUOTE AGAIN, BUT IN NO EVENT, LESS THAN 25 FEET.
WELL, THEY ARE ASKING FOR A SIDE YARD SETBACK FOR THIS TENNIS BUBBLE OF ONLY SIX FEET, WHICH IS STRICTLY PROHIBITED BY THE TOWN'S ZONING ORDINANCE.
THEIR THIRD VARIANCE FOR THE TENNIS BUBBLE IS THEY'RE ASKING FOR A HEIGHT VARIANCE FOR EIGHT FEET.
THEY ARE A PRIVATE CLUB EXISTING IN A RESIDENTIAL ZONE, AND THEY ARE ASKING FOR THIS STRUCTURE, WHICH WILL BE THERE FOR SEVEN MONTHS OF THE YEAR TO BE HIGHER THAN EIGHT FEET HIGHER THAN WHAT IS PERMITTED FOR A NEW HOUSE IN THE AREA.
THIS WILL OBVIOUSLY HAVE SIGNIFICANT VISUAL IMPACT IN THE COMMUNITY AND WHAT IS OTHERWISE AN OPEN SPACE CRITICAL FOR EVERYONE IN THE TOWN.
FOR THESE REASONS AND FOR ALL THE ADDITIONAL REASONS THAT I'VE OUTLINED IN A LETTER SUBMITTED TO ALL OF YOU TODAY, WE RESPECTFULLY REQUEST THAT ALL OF THE VARIANCES SOUGHT BY THE SCARSDALE GOLF CLUB EITHER BE WITHDRAWN OR DENIED AT THIS TIME.
WHAT, WHICH BUILDING DO YOU REPRESENT? ONE 20 EAST HARTSDALE AVENUE.
AND WHERE CAN SOMEBODY SHOW ME WHERE YOUR BUILDING IS IN RELATION TO BOTH THE TENNIS BUBBLE AND THE 16TH HOLE? DOES ANYBODY HAVE A MAP? I, I HAVE THAT IF YOU'D LIKE ME TO JUMP IN.
CAN YOU ALL SEE, UH, MY SCREEN, IT'S GOT THE AERIAL WITH THE TWO BLOCK SQUARES AROUND IT? YES.
SO THIS WAS SUBMITTED TO HIGHLIGHT AREAS OF PROPOSED WORK.
THIS LARGER RECTANGLE WAS, UH, THE AREA THAT'S ZOOMED IN FOR THE DRIVING RANGE NET, THAT'S NO LONGER PERMITTED.
UH, THAT WAS GONNA GO ABOUT HERE, THIS LARGER H SHAPED BUILDING, UH, UNLESS RAYA OR R DISAGREES, I BELIEVE IS ONE 20.
AND THEN THESE ARE THE TWO EXISTING, I'M SORRY.
RIA, DO YOU DISAGREE IF THAT IS ONE 20? THAT DOES LOOK LIKE ONE 20 TO ME, YES.
SO THESE TWO COURTS HERE, UH, ARE WHERE THE BUBBLE IS PROPOSED TO GO.
SO BETWEEN THE BUBBLE AND ONE 20, YOU HAVE THE PARKING GARAGE, 180, 1 70, 1 60, 1 50, AND ONE 40, UH, AS WELL AS THE WOODS WHERE NO LONGER ARE WE PROPOSING NETTING THAT WOULD IMPACT ANY TREES.
UH, AND THEN AS FAR AS THE 16TH GREEN GOES, IT'S ACTUALLY ACROSS THE 132 ACRE PROPERTY PAST THE POND THROUGH THE TREES AND GOLF HOLES.
UH, SO I DON'T WANNA INTERCEDE WITH, UH, ANY OF THE PUBLIC'S TIME ANY LONGER UNLESS YOU HAVE ANY QUESTIONS ABOUT LOCATION THAT I CAN HELP WITH.
HI, WHICH CAR SHOULD I TAKE? ANYONE? UM, SO BACK, BACK TO THE 16TH HOLE IS, IS THERE ANYONE IN THE PUBLIC THAT LIVES IN ONE OF THOSE HOUSES NEXT TO THE 16TH HOLE THAT IS OBJECTING TO THAT NET HERE TONIGHT? OR, OR ANYONE? OKAY.
AND THE, THE TENNIS BUBBLE, IS THAT AT A LOWER ELEVATION THAN THE BUILDINGS UP ALONG HARTSDALE AVENUE OR IS IT ABOUT, I DON'T REMEMBER.
WOULD YOU, WOULD YOU LIKE ME TO RESPOND TO THAT? WE
UH, SO IT'S, IF YOU RECALL THE IMAGES WE SUBMITTED, UH, THE TENNIS COURTS ARE A LITTLE BIT ABOVE THE PARKING STRUCTURE, UM, BUT THEY'RE THE LOWER ELEVATION COURTS AND THE ONES THAT ARE FURTHEST FROM, UH, ANY RESIDENCES.
[00:30:01]
THREE OTHER SPEAKERS.AND AGAIN, IF ANYONE ELSE WISHES TO SPEAK, PLEASE USE THE CHAT FUNCTION AND, UH, I BELIEVE THE FIRST SPEAKER, UM, MAY HAVE ADDITIONAL COMMENTS.
I DON'T BELIEVE ANY GOLF COURSE WILL SURVIVE OVER THE NEXT 10 YEARS.
GLOBAL WARMING HAS CHANGED THE WAY WE LOOK AT EVERYTHING.
THERE WILL BE PARTS OF THIS GOLF COURSE THAT MAY IMPACT CERTAIN PEOPLE MAY HAVE TO BE TO KEEP THE GOLF COURSE IN BUSINESS AT LEAST FIVE OR 10 YEARS.
IN 10 YEARS WHEN THIS PLAYS OUT A LITTLE BIT, THERE WILL BE MONEY TO MAKE THAT A COUNTY PARK.
THAT MONEY'S NOT AVAILABLE YET.
WEST POINT HAS A GOLF COURSE THAT'S BEEN THERE FOREVER.
THERE ARE OTHER GOLF COURSES IN OUR AREA THAT ARE BECOMING RESIDENTIAL PROPERTIES.
I PREFER THIS GOLF COURSE TO STAY OPEN AND BECOME A COUNTY PARK IN 10 YEARS.
AND IN ORDER TO DO THAT, WE ARE GOING TO HAVE TO HELP THEM STAY ALIVE OVER 10 YEARS.
AND YES, SOME PEOPLE LIVING NEARBY WILL BE IMPACTED.
MY FAMILY WAS IN A CLEANING BUSINESS FOR A HUNDRED YEARS.
MY SON IS THE LAST OF THE GENERATION.
WE WON'T BE IN THE CLEANING BUSINESS ANYMORE.
WE'RE CHANGING THE WAY OTHER PEOPLE WILL HAVE TO CHANGE.
NO, I DO NOT LIKE TO HAVE TO SUPPORT A, A PRIVATE GOLF CLUB, BUT IN THIS CASE, I WANT THEM TO STAY IN BUSINESS AND I WILL DO WHATEVER NECESSARY TO HELP THEM STAY IN BUSINESS FOR THE NEXT 10 YEARS.
BECAUSE I BELIEVE IN 10 YEARS THAT LAND WILL BECOME A COUNTY PARK.
UH, MS. ANNETTE, I'M SORRY I DON'T HAVE YOUR LAST NAME, BUT YOU HAD SENT ME A CHAT.
IF YOU COULD PLEASE UNMUTE AND YOU COULD TURN YOUR VIDEO ON AND, AND MAKE YOUR COMMENTS, PLEASE.
I CAN TRY AND ASSIST YOU WITH THAT.
WHILE YOU'RE, UH, DOING THAT, UH, WE HAVE THOMAS FLACO, IF YOU'RE READY, SIR, YOU COULD PLEASE, UH, UNMUTE AND TURN YOUR VIDEO ON AND WE'D LIKE TO HEAR FROM YOU.
UH, I'M THE PROPERTY MANAGER FOR 100 EAST HARTSDALE AVENUE.
I'M HERE TO SPEAK TONIGHT REGARDING THE AT TENNIS BUBBLE ISSUE.
UH, THAT THE BUILDING THAT I REPRESENT FEELS THAT IT'S GOING TO ADD TO THE FLOODING ISSUES IN THE NEIGHBORHOOD.
UH, THE AREAS THAT THEY'RE TALKING ABOUT PUTTING DRAINAGE, UM, AROUND THEIR SITE HAS BEEN, I GUESS, REVIEWED BY THE ENGINEERS AND FOUND TO BE SUFFICIENT.
HOWEVER, THE MAIN SENTENCE THAT HE SAID TO, UH, THE BOARD IS THAT UNLESS THE STAFF, OR UNLESS THE GOLF CLUB MAINTAINS THOSE DRAINS SO THEY CAN FLOW PROPERLY, THERE WILL BE A FLOODING.
SO MY ISSUE AND, AND THE ISSUE OF 100 IS THAT THEY HAVE NOT MAINTAINED THEIR PROPERTY ALONG OUR BUILDINGS FOREVER.
UM, IF THEY ADD THIS STRUCTURE, IT'S GOING TO ADD TO IT.
AND THEIR LACK OF MAINTENANCE IS GOING TO ADD TO THE FLOODING IN THE AREA.
UH, WE'VE SEEN IT, IT'S BEEN A LONG TIME COMING.
I AGREE WITH WHAT THE ATTORNEY SAID FOR ONE 20.
UH, SHE HIT THINGS RIGHT ON POINT, BUT THE FLOODING ISSUE, IF THEY'RE ALLOWED TO HAVE THESE VARIANCES, NOT ONLY WILL SET A PRECEDENCE, WHICH UH, WE AGREE UPON, UH, AND THAT WILL USE THAT TO GET OTHER VARIANCES GOING FORWARD.
UH, AND I THINK THAT'S WHAT THE ISSUE IS HERE.
IN ADDITION TO THAT, THE FLOODING IN THE AREA, EVEN THOUGH IT MAY NOT BE THEIR CONCERN OR THEIR CAUSE, THEY WILL BE ADDING TO IT.
IN ADDITION TO THAT, THEY HAVE NEVER BEEN ANYWHERE IN THEIR PAPERWORK.
MENTIONING OF AN EMERGENCY PLAN FOR THIS REMOVABLE BUBBLE, SHOULD THERE BE ANY TYPE OF STORM THAT WOULD REQUIRE IT? HOW LONG WOULD IT TAKE TO BREAK DOWN? HOW LONG DOES IT TAKE TO HAVE IT? IF IT BECOMES LOOSE DURING A STORM, WHAT DO THEY HAVE IN PLACE TO DO THAT? UH, THESE ARE CONCERNS BECAUSE THAT IS A PRETTY BIG BUBBLE AND IF IT COMES LOOSE CAN COVER MOST OF THE STORES IN THE VILLAGE OF HARTSDALE.
UM, AS FAR AS WE'RE CONCERNED.
ALSO, THEY TALK ABOUT THE GREENERY BLOCKING THE BUBBLE, HOWEVER, THEIR OWN PICTURES OF DEPICTION OF THEIR ORIGINAL NETTING AND EVERYTHING SHOWS THAT THE AREA DURING THE WINTERTIME IS NOT GREEN AND THERE IS NO GREENERY AND THERE'S ACTUALLY WOOD STICKS FROM ALL THE TREES THAT YOU CAN SEE RIGHT THROUGH.
SO OUR ISSUE IS YOU WILL SEE THAT BUBBLE FROM A LOT OF THE BUILDINGS IN THE WINTERTIME, WHICH IS WHEN IT'S GONNA BE USED MOSTLY.
AND THAT ILLUMINATION WILL BE A GLOBE, SORT OF LIKE A U F O IN THE, IN THE DISTANCE.
UH, UNFORTUNATELY, UM, 100 IS ALWAYS BEEN AGAINST THIS HAS ALWAYS TRIED TO DEAL WITH THESE ISSUES OF FLOODING, AND WE HAVE NO ALTERNATIVE.
UH, WE ARE FULLY AGAINST THEIR PROPOSAL.
AND, UH, THANK YOU FOR YOUR TIME.
[00:35:03]
OKAY.IT LOOKS LIKE THE LAST SPEAKER OF THE BOARD WILL INDULGE WOULD BE, UH, MS. RAY RAYA MILLETTE WOULD LIKE TO SPEAK ONE MORE TIME.
YOU DID NOT USE THE CHAT FUNCTION TO RAISE YOUR HAND, BUT THAT'S OKAY.
MY NAME IS RUDY ALDI, AND, UH, I'M PRESIDENT OF ONE 20 EAST HARTSDALE AVENUE.
AND I HAD PREPARED REMARKS AND I WROTE A LETTER IN 2004 AND NOTHING'S CHANGED.
I MEAN, ALL THE, THE ARGUMENTS THAT THE GOLF COURSE MAKES ARE PRETTY MUCH THE SAME.
THEY DON'T IMPACT, THEY DON'T REFLECT THE IMPACT OF THE GOLF COURSES CHAIN PROPOSED CHANGES ON THE COMMUNITY OR THE ENVIRONMENT.
AND THAT'S WHY WE HIRED AN ARCHITECT, UH, A UH, LAWYER TO LOOK AT THE ENTIRE PROPOSAL.
THERE ARE ENVIRONMENTAL AND COMMUNITY IMPACTS ON THEIR PROPOSAL.
THEY ARE NOT REFLECTED, THEY WERE NOT REFLECTED IN 2004 LETTER, AND THEY'RE NOT RESPONDED TO THE CURRENT PROPOSAL.
THEY ARE NOT LOOKING AT THE, UH, FLOODPLAINS, THEY'RE NOT LOOKING AT THE WETLANDS.
THEY'RE DRIVING STRUCTURES INTO THE WETLANDS.
THERE'S ALL KINDS OF FLOODING IN THE AREA, AND THEY'RE NOT REFLECTING.
OKAY? SO WE LOOKED AT THE ENTIRE PROPERTY, THE ENVIRONMENTAL IMPACT STUDY ON A PROPERTY OF THIS IMPORTANCE.
THIS IS A MAJOR GREEN SPACE IN THE MIDDLE OF HARTSDALE IS SUPPORTING NATURE, SUPPORTING BIRDS.
AND TO BASICALLY PASS SOMETHING LIKE THIS OR TO EVEN REVIEW SOMETHING LIKE THIS WITHOUT ANY CHANGES FROM 2004 AND BASICALLY JUST PASSING IT WITHOUT A MAJOR ENVIRONMENTAL IMPACT STUDY STUDY IS, IS UNCONSCIONABLE.
I MEAN, THERE'S NO STUDY HERE.
WE TALKING ABOUT NETTING, THEY'RE NOT TALKING ABOUT HEIGHT.
THE HEIGHT, I MEAN, 25 FEET I THINK IS THE LIMIT OF THE, IS THIS NETTING IS ALLOWED BY, UH, ZONING.
IT'S 20 FEET ABOVE ON A HILL ABOVE OUR PROPERTY, ANY WATER THAT COMES OFF THAT SITE AND THESE, UH, WATER FROM A HEAVY RAINSTORM COMES ONTO THE BUILDING SITE AND FLOODS THE BASEMENTS.
I MEAN THE PROP, THE, THE, THE BOARD OVER HERE SHOULD BE PAYING MUCH MORE ATTENTION TO THE ENVIRONMENTAL IMPACT STUDY ON THIS PROPOSAL ALL AROUND ALL NETTING.
THERE SHOULD BE NO NETTING ON THAT PROPERTY.
BUT THE FACT IS THIS IS A MAJOR GREEN SPACE IN THE COMMUNITY AND THEY SHOULD BE REVIEWED AS SUCH.
I DON'T BELIEVE THERE'S ANY OTHER, UM, SPEAKERS EXCEPT FOR, UH, MS. MS. MALLET.
I JUST WANTED TO QUICKLY ADDRESS WHAT EVERYONE'S RAISED, AND I'M JUST GONNA START WITH WHAT RUDY JUST TALKED ABOUT.
UM, A LOT OF THIS IS IN THE PAPERS THAT I SUBMITTED TODAY, UM, AND I FINALLY HAD FIVE MINUTES TO SPEAK, SO I'LL BE VERY QUICK RIGHT NOW.
AND THANK YOU FOR THE SECOND ROUND.
UM, AND THAT IS THAT WE'RE REALLY CONCERNED THAT NOT ALL OF THE ENVIRONMENTAL ISSUES HAVE BEEN IDENTIFIED BY THE C REVIEW WHEN THE ZONING BOARD WAS LEAD AGENCY.
AND THAT IS BECAUSE YOU DIDN'T HAVE ENOUGH INFORMATION IN THE RECORD.
FOR EXAMPLE, THE APPLICANT HAS NOT PUT FORTH ANY INFORMATION AS TO HOW THE POLES AT THE 16TH POLE WILL BE INSTALLED.
WE KNOW FROM A PRIOR APPLICATION WHERE THEY TRIED TO GET THE NETTING THAT THE POLES WERE GOING TO HAVE TO BE EMBEDDED DEEP INTO THE EARTH.
UM, AND THOSE WERE WOODEN POLES.
IT IS A BELIEF THAT WITH STEEL POLES AND TALKING TO IN CONSTRUCTION EFFORTS, THERE WILL NEED TO BE CONCRETE FOOTINGS.
SO YOU ARE NOW PUTTING CONCRETE FOOTINGS AND NOT JUST FOUR.
THERE ALSO HAVE TO BE ANCHORS FOR THE GUY WIRES.
THERE ARE NO RENDERINGS OF THE POLES WITH THE GUY WIRES WITH THE ANCHORS AND HOW THAT'S GOING TO IMPACT THE ENVIRONMENT.
WHAT DOES THAT DO TO THE ECOSYSTEM THAT'S THERE? HOW DOES IT IMPACT STORMWATER RUNOFF? THE NETTING IS A HUGE ISSUE FOR BIRDS.
EVERYONE SAYS, WELL, THE NETTING IS USED IN BERRIES.
WE'RE TALKING ABOUT MIGRATING BIRDS IN A VERY UNIQUE SECTION OF WESTCHESTER COUNTY WHERE THERE ARE A LOT OF BIRDS.
THIS NETTING WILL IMPACT THEM.
UM, THE OTHER COMMENTS THAT WERE ISSUED, UH, MR. FLOCKO TALKED ABOUT THE FLOODING.
I WANNA BE CLEAR THAT WHERE THE APPLICANT IS LOOKING FOR A SIX FOOT SIDE SETBACK, WHERE THE LAW SAYS IT CAN'T BE LESS THAN 25, THAT'S WHERE THE FLOODING WOULD GO INTO THE PARKING LOT.
SO VIOLATING THE LAW AND ALLOWING A SIX FOOT WHEN THE CODE SAYS 25 IS THE MINIMUM IS WHERE THAT FLOODING WILL OCCUR.
UM, SOMEBODY ELSE MENTIONED THAT THEY WANT THE GOLF CLUB TO STAY IN BUSINESS.
THERE IS NOTHING ON THE RECORD THAT THIS TENNIS ENCLOSURE OR THIS 16TH UH, NETTING AT THE 16TH HOLE IS NECESSARY FOR THE GOLF CLUB TO STAY IN BUSINESS.
IN FACT, WHEN THE NETTING WAS PROPOSED ALSO IN 2004, THIS ZONING BOARD FOUND THAT
[00:40:01]
THERE WAS NO BENEFIT THAT WAS EVEN PUT FORTH BY THE APPLICANT.AND IF YOU LOOK AT THAT CASE AND COMPARE IT TO THIS ONE, THERE'S VERY LITTLE DIFFERENCE.
THAT IS A CONTROLLING PRECEDENT PRECEDENT.
UM, FINALLY, UM, I I JUST WANNA CLARIFY WHETHER OR NOT MY CLIENTS CAN SEE THE TENNIS BUBBLE FROM THEIR HOMES.
THIS IS A CRITICAL OPEN SPACE THAT IS PRIOR PRIORITIZED IN THE 2016 COMPREHENSIVE PLAN BY THE TOWN OF GREENBURG.
IT IS LISTED IN THE OPEN SPACE INDEX AS SOMETHING THAT YOU NEED TO PREVENT ADVERSE DEVELOPMENT ON.
BUT THE CONCERN IS WHAT'S HAPPENING HERE IS THE ADVERSE DEVELOPMENT IS POSSIBLY GONNA COME FROM THE GOLF CLUB ITSELF.
EVERYONE IN THIS COMMUNITY ENJOYS THE OPEN SPACE OF THE GOLF COURSE.
SO WE DON'T WANT THE GOLF COURSE ITSELF CREATING STRUCTURES THAT ARE SO LARGE THAT GLOW AT NIGHT, THAT ARE TALLER THAN NEARBY HOMES.
THAT AFFECTS EVERYBODY'S ENJOYMENT OF THIS OPEN SPACE AND THE LAWS, THE LAW, UH, NO MATTER WHAT THEY CAN SEE FROM THEIR APARTMENT WINDOWS.
AND I SEE A RESIDENT, STEVE, UH, IF YOU COULD PLEASE UNMUTE, TURN YOUR VIDEO ON AND, UH, GIVE YOUR FIRST AND LAST NAME AND ADDRESS.
I'M A RESIDENT OF ONE 20 EAST HARTSDALE AVENUE.
I'M NOT GONNA RE REITERATE, UH, ALL THE COMMENTARY YOU'VE HEARD BEFORE.
I JUST WANNA MAKE THREE POINTS.
UH, THE FIRST IS THAT THE GOLF COURSE HAS STATED THAT ORIGINALLY THEY WERE DOING A NUMBER OF THINGS IN RESPONSE TO LIFE SAFETY ISSUES.
THEY QUICKLY WITHDREW FROM THAT PERSPECTIVE.
NOW THEY'RE MAKING COMMENTARY ABOUT HOW THEY'RE GOING TO CARE FOR VARIOUS ASPECTS OF THESE PROJECTS.
THEY'VE NOT CARED FOR THE ENTIRE EXPANSE OF GREENERY ALONG ONE 20 EAST HARTSDALE UP AND DOWN EAST HARTSDALE.
AND THOSE OF YOU WHO WENT TO THE ROO OF THE BUILDINGS COULD SEE THAT VISIBLY THEY'VE ALLOWED VINES TO TAKE OVER THE BUILDINGS.
THEY HAVE NOT TAKEN CARE OF DEBRIS THAT'S FALLEN INTO THE CONDUITS.
THEY'VE NOT BEEN GOOD NEIGHBORS IN THAT REGARD.
THAT'S SOMETHING THAT THE BO ZONING BOARD NEEDS TO TAKE INTO ACCOUNT.
SECOND, THE FLOODING COMMENTS THAT YOU'VE HEARD BEFORE.
WELL, IF YOU LIVED THROUGH THE LAST MAJOR STORM, YOU SAW THAT THAT FLOODING DISABLED OUR TOWN PUT COMPANIES, RETAILERS OUT OF BUSINESS.
THERE IS NO ABILITY TO, TO POSSIBLY OPEN THE DOOR TO RISK LIKE THAT AGAIN WITHOUT THE ENGINEERING STUDIES THAT YOU'VE HEARD ABOUT.
THERE HAVE BEEN NO ENGINEERING STUDIES.
THERE'S BEEN NOTHING PREVENTATIVE THAT'S BEEN ACCOUNTED FOR HERE.
AND IF THERE'S ONE MORE FLOODING INCIDENT OR IF IT'S EXACERBATED BY ANY OF THESE PROJECTS WE'RE TALKING ABOUT, THIS TOWN IS DONE.
THE THIRD IS THE MOST IMPORTANT OF ALL.
AND THAT'S THE WILL OF OUR COMMUNITY.
THE GOLF CLUB IS A GUEST IN OUR COMMUNITY, AND THERE HAVE BEEN POLLS THAT HAVE BEEN SENT TO THE ZONING BOARD AND TO THE TOWN THAT REFLECT OVER A THOUSAND PEOPLE THAT HAVE RESPONDED AND SAID, WE ARE AGAINST THAT.
THIS IS THE WILL OF THIS COMMUNITY AND THE PEOPLE OF THIS COMMUNITY.
AND WE WOULD RESPECTFULLY REQUEST THAT THE ZONING BOARD TAKE THAT WILL OF THE PEOPLE INTO ACCOUNT.
IT DOESN'T LOOK LIKE THERE'S ANY OTHER SPEAKERS.
UM, I DON'T KNOW IF THE APPLICANT WANTED TO SPEAK.
UH, YES, I THINK THAT WOULD BE ALRIGHT WITH THE BOARD.
UH, THERE'S A FEW, UH, ISSUES I I'D LIKE TO CLEAR UP.
UM, SO I, I JUST WANNA START BY AGAIN CLARIFYING PARTICULARLY FOR MR. RINALDI, UM, WHO WE TALKED ABOUT THE 90 FOOT POLE BEING AT THE HILL NEAR THEIR PROPERTY LINE.
AND I I WANNA EMPHASIZE AGAIN, IN CASE IT WAS JUST NOT CLEAR THAT APPLICATION HAS BEEN WITHDRAWN AND IS NO LONGER IN FRONT OF THE BOARD.
WHAT'S CURRENTLY IN FRONT OF THE BOARD IS ONLY THE TENNIS ENCLOSURE, UH, AND THE 16TH GREEN NETTED.
UH, I THINK HE MENTIONED THAT HE THOUGHT 25 FEET WAS PERMITTED BY CODE, WHICH I TAKE IT HE'S OKAY WITH.
IN FACT, IT'S 12, BUT 25 FEET IS IN FACT WHAT IS PROPOSED AT THE 16TH GREEN.
I ALSO WANNA CLARIFY, AS WE STATED FROM THE BEGINNING, THE 16TH GREEN HOLES ARE WOOD, NOT CONCRETE.
I CONFIRMED WITH OUR, UH, NETTING CONTRACTOR TODAY, EXCUSE ME, UH, WOOD, NOT STEEL.
I CONFIRMED WITH OUR NETTING CONTRACTOR TODAY, NO CONCRETE IS USED WHATSOEVER, UH, SPECIFICALLY BECAUSE WHEN WOOD POLES ARE INSTALLED, YOU WANNA GIVE THEM A LITTLE BIT OF FLEXIBILITY.
IF IT WERE RIGID, IT WOULD BE WORSE FOR THE POLES.
[00:45:01]
THEY DON'T NEED TO GO IN AS DEEP AND THEY DON'T USE CONCRETE.I ASKED HIM ABOUT THE INSTALL METHOD, UH, AND HE SAID FOR HOLES REGARDING A 25 FOOT NET, IDEALLY YOU COULD USE SOME MACHINERY TO POST, DIG SOME HOLES AND DROP THE POLES IN, BUT THEY'RE SO SHALLOW THAT HE THINKS YOU COULD DO IT WITH HAND DIGGING.
UM, SO I I WANTED TO CLARIFY SOME OF THOSE FACTUAL ISSUES UP FRONT, UH, BECAUSE I THINK THEY'RE RELEVANT AND, AND HOPEFULLY THAT CLEARS UP SOME OF THE CONFUSION AND CONCERN HERE.
GOING BACK TO THE LEGAL, UH, ARGUMENTS THAT WERE MADE THAT YOU DO NOT HAVE THE AUTHORITY TO HEAR THIS BECAUSE OF RACE JUDICATA.
UH, CLEARLY THAT IS NOT THE CASE, EVEN IF THAT ARGUMENT WERE TO BE MADE REGARDING THE DRIVING RANGE.
IT'S NOT IN FRONT OF YOU RIGHT NOW.
UM, SO IF YOU'LL INDULGE ME IN JUST PULLING UP, UH, MY SCREEN AGAIN HERE.
UM, CAN YOU ALL SEE THAT? YES.
OH, AND JUST FOR REFERENCE, MR. FLACO IS AT, UH, 100.
SO THIS IS ONE 20, SO I BELIEVE 100 IS THE VERY NEXT BUILDING.
UH, UH, OH YEAH, VERY NEXT BUILDING IN LINE AFTER THE DRIVING RANGE.
SO EVEN FURTHER FROM, FROM THE ENCLOSURE, UH, AND ARGUABLY FROM THE, THE 16TH.
UM, BUT I WANTED TO SHOW, THESE ARE THE 2004 APPLICATION PLANS.
AND I HAD RECEIVED THIS, UH, FROM STAFF.
ACTUALLY, JUST GOING BACK THROUGH THE RECORDS, YOU CAN SEE HERE'S ONE 20, THE H SHAPED BUILDING.
I BELIEVE THE INTERIOR TO THE LOT NETTING THAT THAT WAS DISCUSSED IS PROBABLY THIS JAG HERE THAT COMES INTO THE SITE.
YOU CAN SEE AS THE PLANS EVOLVED IN 2005, THEY GOT MOVED TO HERE.
BUT AGAIN, THIS IS THE DRIVING RANGE.
HERE'S ONE 20 AGAIN, THIS IS THE DRIVING RANGE.
UM, I WOULD ALSO NOTE THAT THE HEIGHT OF THOSE POLES, UH, I, I BELIEVE WAS PROPOSED TO BE WHEN ALL WAS SAID AND DONE, IS 52 FEET, WHICH IS MORE THAN DOUBLE THE SIZE OF WHAT'S BEING PROPOSED AT THE 16TH MEETING.
SO, TO ARGUE THAT THIS IS IN SOME WAY THE EXACT SAME FACTS, EXACT SAME CIRCUMSTANCES, WHEN IT'S NOT EVEN THE SAME SIDE OF 132 ACRE PARCEL.
IT'S NOT THE SAME HEIGHT, IT'S NOT THE SAME PRODUCT, IT'S NOT EVEN THE SAME POLE.
I, I, I THINK THAT'S A BIT OF A STRETCH.
UH, I ALSO, I I ONLY RECEIVED, UH, MS. NOW'S LETTER AT FOUR 30 TODAY.
THE STAFF INDICATES IT WAS SUBMITTED DAY OF MEETING.
SO I, I HAVEN'T REALLY HAD MUCH TIME TO DIG INTO HER MATERIALS.
UH, BUT IT DOES APPEAR THAT THE LEAD CASE SHE CITES ACTUALLY MADE A FINDING THAT THE ZONING BOARD IN THAT CASE CORRECTLY SAID RACE, WHICH PRODUCT DID NOT APPLY, AND THAT THEY DID HAVE THE RIGHT TO HEAR THE MATTER.
UM, SO I, I, I DON'T THINK THAT'S NECESSARILY ACCURATE.
UH, ALSO ON, SHE MADE A COMMENT ABOUT THE RENDERINGS FOR THE GUIDE WIRES NOT BEING SHOWN.
AND I'LL ZOOM IN, UH, BECAUSE IF YOU, YOU DIDN'T NOTICE IT, THIS IS THE GUIDE WIRE THAT ANCHORS IT DOWN.
AND I, I THINK THE FACT THAT YOU COULD EVEN TELL IT WAS PART OF THE DRAWING ACTUALLY SPEAKS PRETTY WELL TO HOW LIMITED THE VISUAL IMPACTS ARE.
THERE'S ONE HERE, AND THEN IF YOU CAN SEE, I'M HAPPY TO DO IT AGAIN.
THERE'S ONE THAT GOES DOWN THERE.
SO THOSE ARE THE GUIDE WIRES THAT ANCHOR INTO GROUND.
UM, SO I HOPE THAT CLEARS UP SOME OF THE FACTUAL, UH, AND LEGAL ISSUES.
UM, YOU KNOW, THE OTHER, THE OTHER ARGUMENT THAT WAS MADE THAT WE'RE NOT ALLOWED TO DO THIS BY LAW IN A SENSE, I I SUPPOSE SHE, SHE'S RIGHT, WE COULDN'T BUILD THIS AS OF RIGHT.
THE CODE DOES NOT ALLOW US TO BUILD THIS.
AND, AND SO YOUR ENTIRE REASON FOR BEING IS TO PROVIDE A RELIEF VALVE FROM THE STRICT APPLICATION OF THE ZONING ORDINANCE.
SO IF WE WENT AND BUILT IT AND DIDN'T GET A VARIANCE FROM YOU, YES, WE, WE WOULD BE IN VIOLATION OF CODE, NO QUESTION.
BUT TOWN LAW AND YOUR CODE SAYS, WELL, IF YOU, IF YOU DEEM IT NECESSARY TO DO SOMETHING THAT DOESN'T FALL WITHIN THE STRICT PARAMETERS OF CODE, YOU CAN GO FOR A VARIANCE, AN AREA VARIANCE.
AND THAT'S WHAT WE'RE DOING HERE.
UH, SO YES, CODE DOES PROHIBIT THIS, BUT VARIANCES ARE GRANTED ALL THE TIME.
WE'RE ONE OF EIGHT APPLICANTS ON THIS AGENDA.
EVERY ONE OF THEM LOOKING TO DO SOMETHING THAT IS NOT STRICTLY COMPLIANT WITH CODE.
SO ULTIMATELY WHAT IT COMES DOWN TO IS YOUR WEIGHING OF THE BALANCES.
DO THE BENEFITS TO THE APPLICANT OUTWEIGH ANY POTENTIAL DETRIMENTS TO THE NEIGHBORS? IF YOU MAKE A FINDING BASED ON THAT BALANCING TEST, YOU HAVE THE LEGAL AUTHORITY TO GRANT A VARIANCE AND DEVIATE FROM WHAT THE CODE SAYS.
UH, AS FAR AS THE INTERPRETATION OF CODE, UH, THAT SHE'S CITING IN REGARD TO THE 25 FOOT SETBACK AND THE 200 FOOT SETBACK.
OUR READING, WHICH, UH, IS REFLECTED IN THE BUILDING INSPECTOR'S INTERPRETATION AND DENIAL LETTER, IS THAT IF IT WERE TO BE ILLUMINATED OR ENCLOSED, THEN THE LARGER SETBACK APPLIES, WHICH IS WHY WE'RE GO SEEKING TO SET THE, UM,
[00:50:01]
EXCUSE ME, A VARIANCE FROM THE 200 FOOT, UH, SETBACK.BUT, UH, IF, IF SHE WISHED TO CHALLENGE THE BUILDING DEPARTMENT'S INTERPRETATION, I BELIEVE THE STATUTE OF LIMITATIONS FOR THAT HAS EXPIRED AT THIS POINT.
UH, BUT ULTIMATELY WE ARE RESPONDING TO THE BUILDING DEPARTMENT'S INTERPRETATION OF OUR APPLICATION IN SEEKING TO APPEAL ZONING, BOARD OF APPEALS, UH, THEIR, THEIR DENIAL.
UM,
AGAIN, YOU KNOW, IF WE'RE TALKING ABOUT PRECEDENT AND PRECEDENT TALKING ABOUT THESE ABSOLUTES THAT IF, IF A 52 FOOT NET WAS DENIED IN 2004, NO OTHER NET COULD EVER BE APPROVED.
SUBSEQUENTLY, I THINK YOU, YOU COULD EQUALLY CONSTRUE THE 2018 SUNNINGDALE APPROVAL FOR NETTING TALLER THAN WHAT WE'RE PROPOSING HERE AS PRECEDENT TO SAY ANY NETTING EVER APPROVED MUST BE THAT AREA, AND EXCUSE ME, ANY NETTING EVER APPLIED FOR MUST BE APPROVED.
BUT I KNOW AS SEASONED ZONING BOARD PROFESSIONALS, YOU KNOW THAT EVERY CASE IS DECIDED ON ITS MERITS AND IS DISTINGUISHED ON ITS FACTS.
THE FACTS HERE, UH, ARE THAT WE SPENT A LOT OF TIME LOOKING AT THE FLOODING.
I HEARD A COMMENT THAT NO ENGINEERING STUDIES HAD BEEN DONE.
AND I'M SURE YOU RECALL OUR FIRST ROUND OF PUBLIC HEARINGS, WHICH WERE FOCUSED ALMOST EXCLUSIVELY ON THE ENGINEERING STUDIES, THE STORMWATER POLLUTION PREVENTION PLAN, AND THE, UH, STORMWATER RUNOFF ANALYSIS OF THE PROPOSED 10.
AND WHAT YOU FOUND IN YOUR N DECK AFTER CAREFUL STUDY, AFTER GETTING INPUT FROM THE INDEPENDENT TOWN ENGINEER AND AFTER REVIEWING OUR STORMWATER ANALYSIS IN DETAIL, WAS THAT THERE WOULD BE NO NEGATIVE IMPACTS AS A RESULT OF STORMWATER RUNOFF.
AGAIN, WE'RE PUTTING THE ENCLOSURE OVER EXISTING COURTS.
THE COURTS ARE NOT BEING REORIENTED.
UH, AND WHILE THE ANGLES OF RUNOFF MAY CHANGE, THE IMPERIOUS IS REALLY REMAINING THE SAME IN THAT AREA.
AND, AND THAT'S WHAT WE'VE DESIGNED FOR, THAT'S BEEN REVIEWED THOROUGHLY BY YOUR TOWN ENGINEER.
AND THAT'S WHAT YOU ISSUED, UH, A NEGATIVE DECLARATION FINDING ON, UH, HOWEVER MANY MONTHS AGO IT WAS.
UM, AND IT'S SOMETHING THAT, AGAIN, WE KNOW THERE IS FLOODING IN THIS AREA.
WE UNDERSTAND THAT IS AN ISSUE AND IT'S SOMETHING THE TOWN IS LOOKING AT.
THAT IS SOMETHING THE CLUB IS HELPING THE TOWN, UH, WITH AS FAR AS ITS GRANT APPLICATIONS, BUT IT'S A BIGGER PICTURE ISSUE, AND WE CAN ONLY CONTROL WHAT WE'RE DOING ON OUR SIDE.
AND TO THAT END, WE'VE STUDIED IT THOROUGHLY.
WE'VE HAD IT INDEPENDENTLY REVIEWED, AND ALL OF THE EXPERT TESTIMONY SHOWS THERE'S NO NEGATIVE IMPACT THERE.
I, I DID HEAR, UH, A COMMENT ON WETLANDS, AND AGAIN, THIS IS, THERE IS NO WETLAND PERMIT APPLICATION THAT IS, THAT IS NOT A PART OF THIS.
I'M NOT SURE, UH, WHERE THAT CAME FROM, BUT THERE'S NOTHING BEING DONE IN A WETLAND OR WETLAND OFFICER.
UM, SO, UH, THE, THE LAST THING I'LL SAY IS AS FAR AS YOU KNOW, THE VIEW SHED IMPACTS AND THE IMPACTS TO THE NEIGHBORS, THIS IS SOMETHING THAT'S BEEN REQUESTED BY THE NEIGHBORS AS FAR AS THE 16TH HOLE NETTING.
UH, JIM BLAND, WHO IS THE NEIGHBOR THAT THAT WAS CITED AS THE NEGATIVELY IMPACTED PARTY, HAS ACTUALLY, ACTUALLY COME OUT AND SPOKEN IN FAVOR OF THIS STRONGLY, BOTH TO YOUR BOARD AND THE TOWN BOARD.
HE'S ASKING FOR THIS NETTING AS ADDITIONAL PROTECTION TO HIM, AND WE DO CONSIDER IT LIFE SAFETY.
AND, YOU KNOW, WE WE'RE NOT, WE RUNNING FROM THAT.
THAT'S WHY THE NET IS GOING UP.
UH, AND, AND THEN AS FAR AS THE, UH, ENCLOSURE VISUALS, YOU KNOW, THESE ARE THE SAME RENDERINGS THAT WERE REVIEWED PRIOR TO YOUR NECK DECK.
THESE WERE SHARED WITH THE, UH, NEARBY PROPERTY OWNERS AHEAD OF TIME.
THEY WERE SHARED WITH THE GREEN RIDGE CIVIC ASSOCIATION.
UH, AND, AND SO FAR, AT LEAST AS OF TONIGHT, THE ONLY OBJECTIONS WE'VE HEARD ON VISUALS HAVE BEEN ONE 20 AND 100.
UH, AND, AND I I WOULD JUST NOTE AS FAR AS THE RELATIVE ELEVATIONS GO, YOU KNOW, A COMMENT WAS MADE IN A LETTER THAT SOMEHOW THE ENCLOSURE WOULD CREATE A FEELING OF, UH, THEY CALLED IT CLAUSTROPHOBIA, I BELIEVE, ON HARTSDALE AVENUE, WHICH GIVEN THAT THE COMMUNITY OPPOSING IT, IT WAS A HIGH-RISE APARTMENTS BUILDINGS DIRECTLY ON EAST HARTSDALE.
AND THIS WOULD BE SET BACK WITH AN INTERCEDING PARKING GARAGE OF THE BUILDINGS AND WOULD BE LOWER THAN THE PEAK HEIGHT OF THOSE HIGH-RISE BUILDINGS.
I I DON'T THINK THAT'S QUITE AN ACCURATE CHARACTERIZATION.
UM, BUT THOSE WERE THE ITEMS I WANTED TO RESPOND TO.
UM, UH, IF, IF I MISSED ANYTHING OR IF YOU HAD A QUESTION FOR ME.
UH, AND THEN JUST ON THE WILDLIFE, AGAIN, THIS WAS REVIEWED BY THE AUDUBON, THE GREENBERG NATURE CENTER,
[00:55:01]
AND THEN YOUR C A C FOLLOWING OUR SIDEWALK THROUGH THEIR OWN OUTREACH.I THINK THEY REACHED OUT TO CORNELL, WAS CITED AS AN AUTHORITY, AND THE FINDINGS UNIVERSALLY CAME BACK THAT THERE'S NO FINDING OF ANY IMPACTS TO, TO BIRDS MIGRATORY OR, OR OTHERWISE.
UH, SO, UH, WITH THAT, THANK YOU SO MUCH FOR YOUR TIME.
I, I KNOW I RAN A LITTLE LONG THERE, BUT IT WAS A LOT OF GROUND TO COVER, SO I I REALLY APPRECIATE IT.
UM, I HAVE A COMMENT AND A QUESTION.
UM, WHAT HAPPENS WHEN WE HAVE CASES THAT GO ON FOR MONTHS? UM, IT SOMETIMES BECOMES DIFFICULT TO REMEMBER ALL OF THE DETAILS, UH, THROUGH THE COURSE OF THOSE MONTHS, BUT WE HAVE EVERYTHING ON RECORD SO WE CAN GO BACK AND READ AND, UM, KEEP UP WITH ALL OF THE DETAILS.
UH, ONE OF THE QUESTIONS THOUGH THAT I THINK MIGHT BE THE FIRST TIME THAT HAS BEEN BROUGHT UP IS THAT WITH THE, UM, UH, TENNIS COURT ENCLOSURE, WHICH WOULD BE ILLUMINATED DURING THE WINTER SEASON, WHICH MEANS THAT IT WOULD BE DARKER EARLIER, UH, ONCE IT'S ILLUMINATED, WELL, WHAT TIME WOULD THE COURTS BE CLOSED? I MEAN, IF YOU TELL ME THAT, OH YEAH, THE MEMBERS CAN PLAY TENNIS UNTIL MIDNIGHT, I WOULD CONSIDER THAT TO BE AN OBTRUSIVE, UH, USE OF A LIGHTING IN THAT NEIGHBORHOOD.
BUT IF YOU TELL ME THAT IT'S, UH, TENNIS COURTS ARE GONNA CLOSE BY, UM, 8:00 PM UH, THAT'S DIFFERENT BECAUSE NOT EVERYBODY IS GOING TO BE TRYING TO BE ASLEEP BY EIGHT O'CLOCK AT NIGHT.
SO I THINK THAT THAT'S A, A QUESTION.
I DON'T KNOW IF IT WAS ASKED BEFORE, UM, BUT IT COULD, UH, USED BEING ANSWERED AT THIS MOMENT.
IN MY MIND, YOU KNOW, HOW OBTRUSIVE, UH, THESE, UM, TENNIS BUBBLES WILL BE.
LEWIS, THIS IS A QUESTION WE WERE ASKED BEFORE, BUT TO YOUR POINT, IT WAS SO MANY MONTHS AGO.
IT MAY HAVE BEEN IN FRONT OF THE PLANNING BOARD.
I THINK IT WAS, I THINK IT WAS YOUR BOARD.
BUT IN ANY EVENT, UH, THE PROPOSED HOURS OF THE COURT AS I HAVE, AND THEN BILL, IF I GET IT WRONG, JUMP IN, BUT I HAVE IT FROM, UH, 6:00 AM TO 10:00 PM MONDAY THROUGH FRIDAY, AND 7:00 AM TO 8:00 PM ON WEEKENDS.
UH, I'M SORRY, UH, 8:00 PM ON WHICH DAYS OF THE WEEK? SATURDAY AND SUNDAY.
AND 10:00 PM MONDAY FROM FRIDAY, CORRECT.
BEST RESERVATION WOULD BE AT 9:00 PM DURING THE WEEK FOR A CLOSE AT 10 O'CLOCK AND SEVEN O'CLOCK FOR THE WEEKEND.
THE OTHER, UM, UH, THE OTHER, SORRY, LEWIS, THE OTHER REALLY IMPORTANT PIECE OF INFORMATION, STATE YOUR NAME, I'M SORRY.
WILLIAM MENARDS, CARDALE GOLF CLUB GENERAL MANAGER.
THE OTHER IMPORTANT PIECE OF INFORMATION IS THAT THE MEMBRANE OF THE BUBBLE IS OPAQUE.
AND SO THE ONLY AREA WHERE A LIGHT WOULD COME UP FROM THE BUBBLE IS ON THE, UM, THE, THE CEILING LINE OF THE BUBBLE.
SO NOTHING EMITS LIGHT FROM UH, SIDES.
ALL FOUR SIDES ARE SOLID AND LIGHT CANNOT PENETRATE THAT MEMBRANE.
UH, 'CAUSE THERE WAS A COMMENT MADE MAYBE FACETIOUSLY ABOUT, UM, THE APPEARANCE OF A U FFO RISING FROM THE GROUND.
AND I DON'T KNOW,
BUT IT'S OUR RESPONSIBILITY AS MEMBERS OF THE ZONING BOARD OF APPEALS TO STICK TO THE FACTS AND TRY TO MAKE A RATIONAL AND REASONED DECISION BASED UPON THE FACTS AND NOT ABOUT THE EMOTIONAL, UM, COMMENTS THAT ARE MADE BY MEMBERS, UM, OF THE NEIGHBORHOOD.
WE DO TRY TO ENSURE THAT THE NEIGHBORHOOD DOES GET THE DUE, UM, DILIGENCE AND, AND THE JEW, UH, THOUGHT ARE REQUIRED TO MAKE SURE THAT THE DECISIONS THAT WE MAKE ARE CORRECT.
SO, UH, THE ONLY THOUGHT THAT I HAD COME TO MY MIND WAS THE LIGHTING AND WHETHER OR NOT IT WOULD BE OBTRUSIVE.
UM, AND YOU JUST ANSWERED THAT QUESTION.
CHAIR, I'M NOT SURE HOW YOU WANNA, UM, HANDLE THE REMAINDER OF THIS PORTION OF THE MEETING.
UH, THERE ARE TWO ADDITIONAL HANDS UP.
THESE ARE SPEAKERS THAT HAVE ALREADY SPOKE.
[01:00:01]
UM, DO YOU WANNA GIVE THEM JUST ONE QUICK MINUTE, UM, IN LIGHT OF THE FACT THAT WE WE'RE ALMOST AN HOUR ON THIS APPLICATION, OR, UH, IF IT'S SOMETHING NEW TO ADD, YOU MAY TAKE ONE MINUTE TO ADD IT, BUT IF IT'S SOMETHING YOU'VE ALREADY MENTIONED, IT'S ALREADY ON THE RECORD, THEN WE DON'T NEED TO HEAR IT AGAIN.UM, MR. GOLDBERG, I BELIEVE YOUR HAND WAS UP FIRST.
YEAH, SO I'D LIKE TO CORRECT SOMETHING THAT WAS SAID EARLIER.
UH, IN FACT, THERE ARE BUILDINGS THAT, UH, MR. RABEL HAS NOT EVEN REFERENCED, AND THOSE BUILDINGS INCLUDE THE ROCK LEDGE RESIDENCE, WHICH HAS A DIRECT LINE OF SIGHT TO THE PARKING STRUCTURE AND, AND THE CLUB.
THERE'S THE 180 BUILDING THAT IS DIRECTLY OPPOSITE.
UH, I DON'T KNOW IF THEY REPRESENT HERE OR NOT, BUT LET'S NOT CREATE FALSE EQUIVALENCES HERE.
THERE ARE HUNDREDS OF PEOPLE, TENANTS WHO HAVE VISIBILITY TO THOSE LOCATIONS.
AND I'LL JUST LEAVE YOU WITH THIS.
IF THERE IS FLOODING, I'D LIKE TO KNOW WHO'S GONNA PAY FOR THAT BECAUSE OF THE BUBBLE.
IS THIS GONNA BE A QUESTION OF, OOPS, OR LET'S ASK FOR FORGIVENESS? AND THAT'S A LOT OF THE THEME THAT WE'VE HEARD HERE BECAUSE THE GOLF CLUB HELD A SECRET MEETING WITH THE ONE 40 BUILDING WHEN THAT NARRATIVE WAS CENTERED AROUND LIFE SAFETY ISSUES.
THE COMMUNITY WAS NOT INVITED TO THAT SECRET MEETING.
WE WERE EXCLUDED FROM THAT SECRET MEETING.
AND SO THE GOLF CLUB IS, IS PIVOTING IN ALL KINDS OF WAYS TO CREATE A POSITIONING THAT FITS THE NARRATIVE.
AND THAT'S WHAT WE ARE HEARING HERE TONIGHT.
AND THAT'S ALL I HAVE TO SAY, BUT LET'S NOT, LET'S NOT, I DON'T THINK ABOUT SECRET MEETINGS.
I, I, I DON'T THINK THAT'S AN APPROPRIATE THING TO SAY.
UH, MS. MALLET, OH, FIVE SECONDS.
JUST, UM, IN RESPONSE TO WHAT MR. KLOW JUST RAISED, UM, IN THE APPLICANT'S LETTER TO THE PLANNING BOARD, IT SAYS THAT THE ENTIRE BUBBLE IN THE EVENING MIGHT HAVE, AND THEN THEIR WORDS A SLIGHT GLOW.
SO, UM, I JUST WANTED TO SHARE THAT THAT'S HOW THEY DESCRIBED IT.
ONE QUICK COMMENT THAT WAS NOT ADDRESSED WAS MY QUESTION ABOUT EMERGENCY RESPONSE TO THE REMOVABLE BUBBLE BEING TORN OFF OR SOMETHING HAPPENING.
WHAT IS THEIR EMERGENCY PLAN THAT WAS NOT TOUCHED ON? THANK YOU.
ANY ANYONE ELSE? THIS DOES NOT APPEAR, SO.
CASE 2216, RENAR SELF STORAGE L L C.
GOOD EVENING, MADAM CHAIR, MEMBERS OF THE BOARD.
DAVID STEIN METZ FROM THE LAW FIRM OF ZIN AND STEINMAN HERE THIS EVENING, REPRESENTING RENARD SELF-STORAGE.
UM, SUBSEQUENT TO OUR LAST APPEARANCE BEFORE YOUR BOARD, UM, WE WERE SUCCESSFUL IN RETURNING TO THE VILLAGE OF ELMSFORD.
IN COMPLETING THE SECRET PROCESS THERE, UH, YOU, YOUR BOARD MEMBERS WILL ALL RECALL THAT THE VILLAGE OF ELMSFORD, BOARD OF TRUSTEES DECLARED ITSELF LEAD AGENCY PURSUANT TO THE NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT, YOUR BOARD AND THE PLANNING BOARD DEFERRED LEAD AGENCY STATUS TO ELMSFORD.
ON MONDAY OF THIS WEEK, WE APPEARED BEFORE THE BOARD OF TRUSTEES, THE 30 DAY PERIOD HAD ELAPSED.
UH, THE BOARD OF TRUSTEES ADOPTED A NEGATIVE DECLARATION PURSUANT TO CCRA, AND THEY ADOPTED A RESOLUTION OF SITE PLAN APPROVAL.
UH, WE ARE NOW POSITIONED, UH, MADAM CHAIR TO PROCEED WITH THIS APPLICATION, REMINDING YOUR BOARD.
HALF OF THE PROPERTY ESSENTIALLY IS LOCATED IN THE VILLAGE OF ELMSFORD.
HALF OF THE PROPERTY IS LOCATED IN THE TOWN OF GREENBURG.
WE HAVE, UH, SECURED SECRET COMPLIANCE IN ELMSFORD AS LEAD AGENCY SITE PLAN APPROVAL AND A, UH, RESOLUTION OF APPROVAL FROM THE ELMSFORD ZONING BOARD OF APPEALS.
WITH REGARD TO THE AREA VARIANCES, THERE WE ARE HERE THIS EVENING, UH, AND YOU ARE NOW POSITIONED TO PROCEED WITH OUR VARIANCE APPLICATION, ALL OF WHICH YOU HAVE PREVIOUSLY HEARD.
MY ENTIRE TEAM IS HERE, UH, TONIGHT IF YOU HAVE ANY ADDITIONAL QUESTIONS, BUT WE HAVE NOTHING FURTHER TO ADD.
DOES THE BOARD HAVE ANY QUESTIONS? UM, ANY QUESTIONS FROM THE AUDIENCE, MR. BOWDEN? YES, I WAS THERE TODAY TO REFRESH MY MEMORY AS OF THE SITE, IF MEMORY SERVES ME CORRECT, THERE IS A SIDEWALK
[01:05:01]
THAT GOES AROUND THE PROPERTY.UH, LOOKING AT THAT, THERE DOESN'T SEEM TO BE A NEED FOR A SIDEWALK.
I WOULD LIKE TO SEE THE COST OF THAT TRANSFERRED TO WEST HARTSDALE AVENUE AS AN ASPHALT TRAIL, LIKE, UH, PATH.
NOT A CONCRETE SIDEWALK, BUT AN ASPHALT PATH PRECEDENCE FOR THAT IS OPPOSITE.
I THINK IT'S SAM'S CLUB ON THAT DEAD END STREET.
THERE IS A LOT THAT WAS, UH, IN THE FLOODPLAIN AND THE TOWN PERMITTED THEM TO PLANT TREES IN A DIFFERENT AREA BECAUSE PLANTING 'EM WHERE THAT PARKING AREA OR WHATEVER IT WAS, I CAN'T REMEMBER.
UH, THE TREES WOULD NOT SURVIVE.
SO THE PRECEDENT OF USING THE MONEY FOR SIDEWALKS TO BE USED ON WEST HARTSDALE AVENUE IS THERE IN PREVIOUS WAR DECISIONS.
WE DON'T WANNA BUILD A SIDEWALK WHERE THERE'S NOBODY GOING TO USE IT.
I WAS SPECIFICALLY EXACTLY AT THAT LOT TODAY, SO THAT I COULD SPEAK TONIGHT FROM IMMEDIATE INFORMATION.
GLOBAL WARMING CHANGED THE WAY WE DO THINGS.
WE CAN'T BUILD A CONCRETE SIDEWALK IN A PLACE WHERE NOBODY'S EVER GOING TO USE IT.
WE HAVE TO GET USED TO MOVING THAT MONEY TO A PLACE WHERE PEOPLE, PEOPLE WALK ON WEST HARSDALE LEVEL ALL OF EVERY DAY.
TODAY, YOU CAN SEE THEM WALKING.
PAUL FINER SAYS, RIDE YOUR BIKE, BUT THERE'S NO SAFE PLACE TO DO IT.
COUNTY ASPHALT TRAILWAY TYPE OF THING SHARED BY THE PEOPLE.
AND IF, IF THERE'S A POLE THERE, YOU LOOK AROUND AND PEOPLE AREN'T STUPID, YOU DON'T HAVE TO BE CONTINUOUS.
IT CAN BE WHERE YOU CAN DO IT WITH THE MONEY AVAILABLE.
UH, ANYBODY ELSE? UH, NO FURTHER SPEAKERS.
ALL RIGHT, THEN WE WILL, UH, TAKE THE CASE, UH, THE DELIBERATION TONIGHT.
UH, OKAY, NOW WE START WITH OUR NEW CASES.
UH, CAN YOU GUYS HEAR, HEAR ME AND SEE ME CLEARLY? YES.
AND PLEASE FEEL FREE TO SHARE SCREEN IF IT'S HELPFUL.
UM, SO, UH, AS I SAID, UM, ME AND MY FATHER WERE THE OWNERS OF THE K F C IN TACO BELL, OUT ON THREE 50 SAWMILL RIVER RIVER ROAD IN ELMSFORD, NEW YORK.
UM, WE ARE SEEKING A VARIATION, AND THIS CAME UP BECAUSE WE PURCHASED, UH, THE, THE BUSINESS AND THE, AND THE BUILDING BACK IN 2011.
UM, PREVIOUSLY IT WAS OWNED BY K F C CORPORATE.
UM, THE STORE'S BEEN UP FOR LONGER THAN I'VE BEEN ALIVE.
UM, SO WE ARE IN THE MIDDLE OF RENOVATIONS AND MUCH DIRE RENOVATIONS 'CAUSE THE STORE IS COMPLETELY OUTDATED AND WE'RE ALMOST THERE AND ALMOST COMPLETED NOW.
UH, THE ONE THING THAT CAME UP WAS WHEN WE APPLIED FOR OUR RENOVATION AND WE SHOWED OUR EXTERIOR SIGNAGE, IT ACTUALLY CAME UP THAT THERE WERE NO PERMIT, UH, IN PLACE.
UM, I TRIED TO LOOK FOR RECORDS OR ANYTHING.
LIKE I SAID, THE STORE IS, IS VERY OLD.
UM, WE STOPPED THE K F C CORPORATE, BUT THEY HAD NOTHING ON RECORD.
UM, AND NOTHING EVER CAME UP WHEN WE PURCHASED A STORE, WHETHER IT WAS FROM ANY TITLE ATTORNEYS OR ANYTHING LIKE THAT.
UM, AS I SAID, THIS STORE'S BEEN UP FOR 30 YEARS.
SO NOW I'M JUST GONNA SHOW, UH, MY SCREEN HERE.
UH, CAN YOU GUYS SEE ANYTHING? NOT YET.
OH, UH, HOW ABOUT NOW? NO, NO.
UM, SO WE ARE SEEKING, UM, A VARIANCE.
'CAUSE OBVIOUSLY THE SIGNS WERE ALREADY UP.
AND I CAN EVEN SHOW YOU AS WELL, UM, OVER HERE ON GOOGLE EARTH.
SO, LIKE I SAID, THIS STORE IS, IS IN DIRE NEED OF, OF A REMODEL.
YOU CAN SEE THAT THESE SIGNS ARE ALREADY UP.
IT'S BEEN UP FOR 30 PLUS YEARS.
UM, AND THIS SIGN OVER HERE AS WELL, WE'RE ACTUALLY REMOVING, UM, WE REMOVED THIS, UH, SIGNAGE.
'CAUSE THERE, IT JUST SERVED NO PURPOSE FOR US.
[01:10:01]
IT.'CAUSE THE TREES AND EVERYTHING AND THE ANGLE OF THE BUILDING, YOU BARELY SEE IT.
SO WHAT WE'RE PROPOSING AND WHAT WE'RE TRYING TO DO IS JUST THE SAME EXACT SIZE OF THE CURRENT SIGNAGE THAT YOU SEE HERE, AND THE SAME ONE OVER HERE FOR THE TACO BELL LOGO.
WE'RE JUST PUTTING AN UPDATED VERSION OF IT.
UM, AND I CAN SHOW YOU NOW THE, UH, THE P D F.
UM, SO AGAIN, THIS IS ANOTHER VIEW OF, UM, FROM THE INSIDE OF THE LOT, LOOKING OUT TO THE BUILDING.
UM, YOU CAN SEE THAT WE HAVE THE EXISTING SIGNAGE UP.
AGAIN, BEEN UP THERE FOR, FOR 30 PLUS YEARS.
UM, NOW JUST WANNA SHOW YOU THE, UH, THE ELEVATIONS, AND THIS IS WHAT WE'RE PROPOSING.
AS I SAID, UM, WHERE THE COLONEL'S FACE IS, IT'S EXACT SAME PLACEMENT.
WE'RE JUST PUTTING A NEWER ONE UP, UM, WHERE THE TACO BELL PLACEMENT IS SAME EXACT LOCATION, UH, SAME SIZE.
WE'RE JUST PUTTING A NEWER ONE ON.
AND THE WORLD FAMOUS CHICKEN, UH, THAT'S NOT EVEN AN ILLUMINATED SIGN, THAT'S ALL PAINT.
UM, THAT'S JUST A, A DECAL, A PAINT DECAL.
UM, AND THEN THE, THE OTHER VARIANCE THAT WE'RE LOOKING FOR IS ON THE DRIVE-THROUGH ENTRY SIDE, WHICH IS NOT EVEN VISIBLE FROM THE STREET.
UH, WE HAD PROPOSED TO, YOU KNOW, WE HAD WANTED TO PUT THESE THREE ART PANELS UP, UM, JUST AS A, YOU KNOW, IT'S A BLANK WALL AND I CAN SHOW YOU PICTURES AS WELL FROM, UH, UH, THIS IS THE DRIVE-THROUGH SIDE.
SO IT WAS JUST AN EMPTY WALL THAT WE THOUGHT THAT WE CAN JUST PUT A COUPLE PIECES OF ART, AS, YOU KNOW, LINES STACK UP AND EVERYTHING THAT, YOU KNOW, IT'S JUST SOMETHING TO LOOK AT.
UM, AND, UH, I BELIEVE, UH, THAT WOULD BE AT ONE OF THE OTHER VARIANCES THAT WE WERE TRYING TO, UH, ACCOMMODATE WAS BECAUSE, UM, IT WAS THE NUMBER OF STACKED SIGNAGE THAT WE CAN HAVE AT THE FRONT OF THE BUILDING.
UM, AGAIN, THIS, THIS HAS BEEN UP FOR SO LONG.
THIS IS A DUAL BRAND FACILITY.
SO, UM, THERE'S TWO SEPARATE FRANCHISE AGREEMENTS, ONE WITH K F C AND ONE WITH TACO BELL.
UH, SO EACH ONE REQUIRES ITS OWN IDENTITY TO BE ON THE EXTERIOR OF THE BUILDING.
UH, AND WE'RE JUST ACCOMMODATING THAT AS PER OUR FRANCHISE AGREEMENT.
THIS STORE HAS BEEN UP, AGAIN, 30 PLUS YEARS.
IT SERVES ALMOST 20 JOBS, UH, TO THE COMMUNITY.
AND, UH, AND THAT'S WHAT, THAT'S WHAT WE'RE SEEKING.
AND WE'RE ALSO PUTTING IN, UM, UH, OH, YEAH, I ALREADY SPOKE ABOUT THE THREE R PANELS ON THE DRIVE THROUGH SIDE.
IF ANYONE HAS ANY QUESTIONS TO ANY OF IT, PLEASE FEEL FREE TO, TO LET ME KNOW.
DOES THE BOARD HAVE ANY QUESTIONS? SO THE, IT, IT SHOWS HERE, UM, THAT YOU'RE INCREASING FROM FOUR FEET PERMITTED TO 7.08 FEET PROPOSED.
UM, IS THAT WHAT THE CURRENT K F C SIGN IS? NO.
SO THIS, THIS CURRENT SIGN IS SEVEN FEET TALL, A LITTLE OVER SEVEN FEET TALL.
UM, THE CURRENT CODE CALLS FOR FOUR FEES, SO THAT'S AN ADDITIONAL VARIANCE THAT WE'RE LOOKING FOR.
BUT WE'RE, WE'RE ARGUING THAT, YOU KNOW, WE UNDERSTAND THE CODE WE'RE, BUT THIS HAS NEVER HAD ANY OBJECTIONS.
THIS HAS BEEN UP FOR 30 PLUS YEARS.
UM, NO ONE'S EVER COMPLAINED ABOUT IT.
UM, AND, UH, YOU KNOW, LIKE I SAID, IF WE, WE NEVER KNEW THAT IT WASN'T PERMITTED, UH, BEFORE, UH, WE BOUGHT THE STORE AS IT WAS.
AND, UH, WE'RE JUST TRYING TO REMODEL IT AND LOOK AT, MAKE IT LOOK FRESH AND NEAR FOR, FOR THE COMMUTER.
SO WHATEVER IS CURRENTLY ON THERE THAT YOU SEE THERE, WE'RE NOT CHANGING ANY OTHER SIZE.
IT'S JUST GONNA BE AN UPDATED VERSION OF THE, UH, OF, UH, THE PICTURE.
UM, I HAVE NO FURTHER QUESTIONS.
UM, DOES ANYBODY ELSE FROM THE BOARD HAVE ANY QUESTIONS? I HAVE ONE QUESTION.
UM, ON THE RIGHT SIDE ELEVATION, ARE THOSE LOGOS, OR WHAT IS THE CONTENT OF THAT SIGNAGE? UH, YOU'RE TALKING ABOUT THE THREE ART PANELS? YEAH.
LET ME JUST PULL THAT UP FOR YOU.
[01:15:05]
SO IT'S, UM, IT SHOWS LIKE A, IT'S LIKE A RENDERING OF, IT'S LIKE A BROKEN UP BELL, THE TACO BELL, UH, PART.AND IT'S JUST DIFFERENT COLORS AND, AND, AND WHATNOT.
BUT NONE OF IT IS ILLUMINATED.
NONE OF IT IS, UM, ELECTRIFIED IN ANY WAY.
IT'S JUST, UH, IT'S JUST A, LIKE A PRINTED ON SCREEN.
UM, THOSE, THOSE THREE PIECES ARE APPLICATION, UH, YES, THEY ARE.
UH, JUST GONNA PULL UP THE FIRST PAGE.
THE, UM, ON THE EAST ELEVATION FRONTING PARKING LOT.
SHOPRITE, LET ME ZOOM IN FOR YOU.
THIS ONE RIGHT HERE, WALL SIGNAGE ON NON CORNER LOT THREE WALL GRAPHICS OF BELLS.
AND I CAN SHOW YOU SOME OTHER, UM, YOU KNOW, WHERE'S THE, I'M SORRY.
WHERE'S THE FOURTH? YOU HAVE THE CHICKEN, THE COLONEL SANDERS.
OH, THE TACO BELL'S TWO TECHNICALLY SIGNS, RIGHT? YEAH.
YOU HAVE THE TACO BELL LETTERING AND THEN THE BELL ON TOP.
WE HAVE STORES IN QUEENS, BROOKLYN, UM, SEVERAL IN THE BRONX.
UH, JUST WANT TO SHARE WITH YOU OUR OTHER LOCATIONS THAT HAS TACO BELL WITH IT.
UH, THIS IS OURS IN, UH, K F C MCGINNISS BOULEVARD IN BROOKLYN.
SO YOU CAN SEE THAT WE ALSO HAVE A DUAL IDENTITY, UM, AS PER OUR FRANCHISE AGREEMENT.
AND SAME THING IN BROADWAY AND MANHATTAN.
UM, THE BRAND REQUIRES US TO, UM, TO SHOW OUR, OUR, UH, SHOULD SHOW THEIR IDENTITY, UH, FOR EACH BRAND.
I MEAN, WOULD YOU BE WILLING TO DO THOSE THAT KIND OF SIGN HERE? OR YOU, YOU'RE REALLY, OR YOU YOU'RE REALLY TRYING TO GET THE WE'RE WE'RE NOT TRYING TO CHANGE ANYTHING AS, AS WHAT IT WAS ON THE THING, ON THE, UM, ON THE, WHAT IT WAS FOR, FOR THE PAST 30 YEARS, WE'RE JUST REPLACING IT WITH A NEW VERSION.
UH, ONE MIGHT THINK THAT YOU'RE SAYING THAT SIGNAGE THAT EXISTS IS 30 YEARS OLD.
UM, COULDN'T YOU UPDATE IT WITH SOMETHING MORE MODERN? LIKE, WHAT'S IT LOOKING AT RIGHT NOW THAT'S SMALLER AND SNEAKER AND MORE UPDATED? SO, UM, IN, AND THESE ARE, THESE ARE TWO DIFFERENT, SO THIS IS AN URBAN INLINE, UH, STORE.
SO THESE ARE DIFFERENT, LIKE K F C WHEN, WHEN YOU GO THROUGH A REMODEL, UM, YOU HAVE YOUR ARCHITECT, BUT THEY HAVE TO ABIDE BY THE K F C AND TALK ABOUT DESIGN GUIDELINES.
SO THEY HAVE DIFFERENT GUIDELINES, UH, WHETHER IT'S IN A SUBURBAN AREA OR AN URBAN AREA.
THEY HAVE DIFFERENT, YOU KNOW, UH, TECHNIQUES OF HOW TO BRAND IT.
UM, SO THIS IS WHAT THEY HAD, UH, UH, WANTED US TO PUT IN, AND THAT'S WHAT THEY HAD APPROVED FOR US.
AND YOU CAN SEE AS WELL FROM, FROM HERE.
YOU MEAN IN, I'M SORRY, YOU MEAN IN THAT'S WHAT THEY WANTED YOU TO PUT IN IN BROOKLYN? YEAH.
THESE ARE, THESE ARE ALL APPROVED FROM K F C CORPORATE AND TACO BELL CORPORATE
AND THEY FOLLOWED, THEY FOLLOWED THEIR, BUT IT'S K F C CORPORATE SAYING ABOUT YOUR LOCATION IN VILLE.
OH, THEY, THEY JUST WANTED, THEY NEVER CHANGED ANYTHING NEW.
THEY JUST SAID THAT WE JUST NEED A NEW FACE, UH, CURRENT, LIKE CURRENTLY.
SO IF YOU SEE THE CURRENT ONE, UM, I WOULDN'T EVEN KNOW HOW OLD THAT IS, BUT THAT'S A VERY OLD IMAGE OF THE KERNEL.
UM, SAME THING WITH THE TACO BELL.
THAT'S JUST, IT'S, IT'S VERY OLD.
UM, SO THEY JUST WANTED TO PUT A, A FRESHER SIGN, UM, UP, AND WE'RE NOT EVEN THIS ONE, THIS ONE IS CURRENTLY UP AT THE CORNER.
WE'RE NOT EVEN BOTHERING WITH THAT.
IT'S GONNA BE A WASTE OF MONEY BECAUSE YOU CAN BARELY SEE IT.
SO WE JUST TOOK IT OUT FROM THE, FROM THE PROJECT.
COULD YOU, YOU, COULD YOU MAKE THE NEW SIGN, YOU KNOW, MAYBE INSTEAD OF SEVEN FEET, UH, FIVE FEET, LIKE, COULD IT BE SMALLER OR YOU'RE, YOU ARE SET ON THE SEVEN FEET? WE'RE, WE'RE REALLY TRYING TO SAY WITHIN THAT SEVEN FEET.
AND THE REASON BEING IS BECAUSE ALSO THIS BUILDING IS NOT COMPLETELY PARALLEL TO, UH, SAWMILL RIVER ROAD.
SO I CAN SHOW YOU A SITE PLAN AS WELL.
[01:20:04]
SO THIS IS A SITE PLAN THAT WE GOT FROM THE LANDLORD.YOU CAN SEE THAT, THAT THE FRONT OF THE BUILDING OVER HERE WHERE IT SAYS A FRONT SIGNAGE, THAT'S THE ACTUAL FRONT.
SO IT'S, IT'S SORT OF ON AN ANGLE SO IT'S NOT COMPLETELY PARALLEL TO THE, UM, TO THE, UH, SAWMILL RIVER ROAD.
AND IT'S ALSO UP ON AN INCLINE.
SO WE'RE JUST TRYING TO MAINTAIN THAT THE SAME VISIBILITY THAT WE'VE HAD FOR A NUMBER OF YEARS.
UM, 'CAUSE IT, 'CAUSE IT'S, IT'S DONE GREAT FOR US.
ANY OTHER QUESTIONS? OH, GO AHEAD, LOU.
UH, DO YOU BELIEVE THAT YOU'RE GOING TO BE GETTING A SUBSTANTIAL AMOUNT OF CUSTOMERS FROM PEOPLE DRIVING ALONG THE SAWMILL RIVER ROAD AND SEEING THE SIGN AND SAYING, OH, K F C, UH, LET'S STOP BY AND GET SOME KENTUCKY FRIED CHICKEN.
SO YOU FEEL THAT THE MAJORITY OF YOUR CUSTOMERS ARE GOING TO COME FROM THE NEW DEVELOPMENT THAT'S OCCURRING IN THE SAME, UM, SAME PERIOD, CORRECT? CORRECT.
SO PREVIOUSLY, UM, WHEN WE PURCHASED THE STORE, THERE WAS A MOVIE THEATER, I BELIEVE, WAY IN THE BACK.
UM, OUT OF OUR ENTIRE NETWORK, WE HAVE, UM, ABOUT 12 STORES IN, UH, THE NEW YORK STATE, UH, OR NEW YORK METRO AREA.
UH, THIS IS OUR NUMBER ONE RUNNING STORE.
UM, IT DOES OVER $2 MILLION A YEAR IN REVENUE.
UM, AND, AND THIS IS, THIS IS, THIS IS OUR, OUR BEST STORE THAT WE HAVE.
EVEN IN THE, IN THE CURRENT STATE OR THE PREVIOUS STATE THAT IT WAS, UM, THE, THE, WE JUST, UH, EVEN IN THE CURRENT STATE THAT IT WAS, IT, IT STILL PERFORMED, OUTPERFORMED ALL, EVEN OUR, OUR STORES ON BROADWAY, IN MANHATTAN AND EVERYTHING.
AND JUST BECAUSE OF THAT, IT, IT'S A LOT OF TRAFFIC THAT COMES THROUGH THERE.
SO DID THE TRAFFIC DIMINISH ONCE THE MOVIE THEATER WAS DEMOLISHED? SURPRISINGLY, NO.
I THINK WE HAVE A LOT OF REGULARS.
THERE'S A LOT OF COMMERCIAL PROPERTIES SURROUNDING SAWMILL RIVER ROAD, SO WE HAVE A LOT OF REGULARS THAT COME IN.
UM, AND YEAH, I MEAN, EVEN UP TO NOW, SOMETIMES THEY, THEY STOP AT THE SIDE OF THE ROAD ASKING IF WE'RE OPEN AND, YOU KNOW, WE'RE CLEARLY NOT OPEN YET.
SO, UM, WHICH BRINGS ME TO THE POINT THAT I'M MAKING, AND I THINK CHRISTINE WAS ALSO TRYING TO SUGGEST, IS THAT YOU EITHER KNOW THAT IT'S THERE AND THAT'S WHEN YOU WANT TO GO FOR KENTUCKY FRIED CHICKEN OR TACO BELL.
AND THE HEIGHT AND SIZE OF THE SIGN ISN'T REALLY WHAT'S ATTRACTING YOUR CUSTOMERS.
PLUS, I BELIEVE ONCE THE, UM, WHAT, WHAT IS THAT GONNA BE? ANOTHER SUPERMARKET? IT'S A SHOPRITE.
A SHOPRITE IS, IS INSTALLED THERE.
YOU'RE GOING TO GET, UM, NEW, A NEW CUSTOMER, UH, THREAD THAT'S GONNA COME BY AND SEE KERNEL, UH, KENTUCKY FRIED CHICKEN AND GO THERE JUST BECAUSE THEY LOVE THE FOOD AND THE BRAND.
UM, UM, SO I'M NOT, I'M JUST QUESTIONING WHY THE SIGN NEEDS TO MAINTAIN THE EXISTING HEIGHT.
SO EVEN, OOPS, I DID NOT MEAN TO MOVE THAT.
UM, YOU CAN SEE OVER HERE, THIS IS GOING, UM, HEADING NORTH ON SAWMILL RIVER ROAD.
SO NOW BECAUSE OF THE SHOPRITE GOING UP, UM, ARE YOU ABLE TO SEE THIS RETAINING WALL? YES.
SO NOW THAT RETAINING WALL IS BLOCKING A LOT OF OUR VISIBILITY NOW.
UM, SO IF WE WERE AFRAID THAT IF WE DO SHRINK THE SIZE, AND IF YOU SEE CLOSELY, YOU'LL SEE THE KERNEL'S FACE RIGHT THERE.
AND THAT'S AT ITS CURRENT STATE.
SO IF WE GO ANY SMALLER THAN THAT, THEN WE DO BELIEVE THAT THAT WILL HINDER SOME OF OUR SALES.
UM, EXCEPT YOU JUST MENTIONED THAT YOUR SALES HAVE NOT DROPPED OFF SINCE THE CONS, THE DEMOLISHING OF THE MOVIE THEATER, NOR THE CONSTRUCTION OF THE NEW SHOPRITE.
WELL, I THINK COVID HAD A LOT TO PLAY WITH THAT, UM, BECAUSE NOW WE ARE ON THE DELIVERY APPS AS WELL.
SO BEFORE COVID WE WEREN'T ON THERE, BUT THEN OBVIOUSLY IN LIKE OTHER RESTAURANTS IN THE AREA, EVERYONE HAD TO ADAPT AND JUMP ON THOSE DELIVERY APPS IN ORDER TO, UM, KEEP REVENUE UP.
SO, UH, THIS, THIS WALL, I BELIEVE, AT ITS FULL HEIGHT CAME UP ABOUT LAST YEAR.
UM, WE DID INCORPORATE UBER, THE DOORDASH, GRUBHUB, ALL INTO OUR STORES, AND I BELIEVE THAT'S WHAT HELD US UP.
IF WE DIDN'T HAVE THAT, THEN I DON'T KNOW WHAT WOULD'VE HAPPENED.
[01:25:01]
ANY, ANY OTHER QUESTION? I HAVE A QUESTION.UM, ON THE ACTUAL SIGN, ARE YOU REPLACING THE WHOLE SIGN IN THE WHOLE SIGN WITH THE LIGHT BOX IN THE BACK, OR ARE YOU REPLACING JUST THE FRONT AND ALL ON COLONEL SANDERS? IT'S JUST THE FRONT AND ALL THE, ON COLONEL SANDERS.
THE, THE, LIKE THE, IT'S LIKE A PIECE OF PLASTIC THAT YOU'VE REMOVED.
SO YOU'RE PLANNING TO KEEP THE LIGHT BOX IN THE BACK, WHICH IS WHY YOU WANNA KEEP THE SIGN THE SAME SIZE.
ANYONE ELSE? IS THERE ANY, UM, ANYONE FROM THE PUBLIC HERE TO SPEAK? NO.
IF ANYONE WANTS TO SPEAK, PLEASE UNMUTE AND SPEAK.
UM, AT ANY TIME, JUST SEND ME A MESSAGE OR USE THE CHAT OR RAISE, RAISE HAND FUNCTION, I SHOULD SAY NO SPEAKERS.
IF YOU CAN TAKE THAT DOWN, YOU CAN TAKE DOWN
UM, I HAVE A COUPLE OF PROBLEMS. ONE, I, I UNDERSTAND THAT WE'RE ALL OBSTRUCTED AND I SUPPORT THERE USING AN UPDATED OF THE SAME SIZE.
UH, TWO I NOTICED IN THE PLAN THERE, UM, CROSSWALKS AND STRIPING FOR A PARK AND I, AND THAT IS OUTDATED, UH, AND NOT IN THE BEST INTEREST OF PEDESTRIANS.
AND AT SOME POINT, UH, THAT HAS TO BE REVIEWED AND USED THE MOST, UH, VISIBLE TO, FOR THE PEDESTRIAN TO GO AND FOR THE DRIVERS TO GO.
THE WALL DOES BLOCK WHAT WAS THERE BEFORE, AND I SUPPORT THEIR DESIRE TO USE THE SAME SIZE AND, UH, UPDATED.
I ALSO SUPPORT THEIR USING, UH, PICTURES ON THAT BLANK WALL THAT WERE THERE BEFORE.
UM, I WIND UP ARTISTICALLY COMMENTING ON IT.
IF YOU GO TO TOWN HALL, THOSE FIVE FLOWERS THAT ARE FRONT OF TOWN HALL, THOSE ARE, UH, I MADE THOSE SOME YEARS AGO, SIX, SEVEN YEARS AGO.
UM, THIS IS AN ARTISTIC WORLD.
UH, THE METROPOLITAN IS NOW COLORIZING SOME OF THEIR, UH, HISTORIC THINGS THAT WERE IN WHITE AND IT'S BEING DONE PROFESSIONALLY.
THIS IS JUST ANOTHER STEP IN IT.
THEY'RE USING THE SAME SIZE WITH AN UPDATED VERSION.
AND I THINK THEIR IDEA OF TAKING THE BLANK WALL AND PUTTING SOME ART ON THERE IS A VERY GOOD ONE.
THE ONLY PROBLEM THAT I HAVE QUESTION IS THEIR PARKING AND THEIR CROSSWALKS.
AND WE'LL ADDRESS THAT AT ANOTHER TIME.
JUST TO, JUST TO, UH, GO OFF OF THAT, UM, THE CROSSWALK AND THE PARKING IS WITH THE LANDLORD.
UM, SO THAT, THAT'S A COMPLETELY DIFFERENT, WE HAVE NO RESPONSIBILITY IN TERMS OF THE, UH, UH, THE PAVING AND THE, AND THE PARKING LOT AND EVERYTHING.
THAT'S ALL COMING FROM THE LANDLORD ON, ON A SEPARATE APPLICATION THAT, THAT I BELIEVE WAS ALREADY DONE.
UH, NO ONE FROM MISS CHESTER HILLS CONDOMINIUM.
UH, CHRISTIE, YOUR MIC IS MUTED THERE.
I JUST WANTED TO MAKE A COMMENT ABOUT THE, THE OBJECTION FROM THE WESTCHESTER HILLS, UH, CONDOMINIUM THAT I, I THINK THEIR OBJECTION, UM, MS. I'M NOT SURE IF THERE WAS ANY CONFUSION.
THEY THOUGHT YOU WERE INCREASING THE SIZE OF THE SIGN.
UM, I JUST WANNA CLARIFY THAT, THAT YOU ARE ASKING TO, UM, REPLACE A SIGN IN KIND, THAT YOU ARE NOT INCREASING THE SIZE FROM WHAT IT IS NOW.
UM, THAT, THAT YOU'RE REQUESTING A VARIANCE FOR THE SIGN AS IT IS THAT THERE'S NO INCREASE IN SIZE.
AND, AND I SP AND I SPOKE WITH, UM, THE WOMAN WHO DRAFTED UP THAT LETTER, AND SHE ALSO EXPLAINED TO ME THAT SHE THOUGHT THAT WE WERE INCREASING THE HOUSE.
UM, AND I TOLD HER THAT BECAUSE AS I SAID, UM, THE REASON WHY IT GOT REJECTED THE FIRST TIME WAS BECAUSE THERE WAS NO EXISTING PERMIT IN PLACE OR VARIANCE IN PLACE FOR THOSE SIGNAGE.
UM, SO THAT'S WHY IT'S COMING UP.
AS YOU KNOW, WE HAVE TO BY THE INSPECTOR THAT WE HAVE TO GO FOR A VARIANCE FOR THE SIZE AND, UM, FOR THE TWO BRANDS ON THE BUILDING.
AND THE THREE ARE PANELS ON THE SIDE.
UM, SO, SO INDEED WE ARE NOT INCREASING THE SIZE.
UH, THE SIZE WILL STAY THE SAME.
UM, IT'S JUST PUTTING IN A NEWER VERSION OF IT, THAT'S ALL.
[01:30:01]
ALL RIGHT.WE'RE GONNA MOVE TO THE NEXT CASE.
WHAT'S THAT? THANK YOU, SAEED.
UM, WE'RE GONNA MOVE ON TO 20, CASE NUMBER 22, 23.
CHARLES SIEGEL PROPERTY AT 35 TAYLOR ROAD.
HI, UH, THIS IS CHARLES SIEGEL, UH, SPEAKING.
UH, I DON'T KNOW IF IT SAYS I CAN START VIDEO, BUT IT, IT HIT A BUTTON.
IT SHOULD GIVE YOU A PROMPT, SIR.
UM, VIDEO'S, UM, YOU SHOULD HAVE RECEIVED THE PROMPT TO, UH, START YOUR VIDEO THERE.
DO YOU INTEND TO SHARE SCREEN WITH, WITH A PLAN? I WAS NOT, NO.
I WAS ONLY, OKAY, I'LL TRY AND PULL THAT UP FOR YOU, BUT, UH, YOU CAN GO AHEAD.
YEAH, I HAVE A, UH, DRIVEWAY, UH, THAT, UH, WAS PUT IN, IN, IN, UH, 2003 WHEN I DID IN ADDITION TO MY HOME.
UM, AND IN THE REVIEW BY THE BUILDING'S DEPARTMENT TO FINALIZE THE C OF O, UH, THE INSPECTOR NOTICED THAT THERE WAS AN APPROXIMATELY 200 SQUARE FOOT AREA OF THE DRIVEWAY THAT HAD BLACKTOP THAT WASN'T SHOWN ON THE ORIGINAL DRAWING.
UH, IT'S, IT'S NOT VIEWABLE FROM E EXCEPT FROM MY BEDROOM WINDOW.
IT'S THE ONLY, IT'S THE ONLY, YOU CAN'T SEE IT FROM THE, A NEIGHBOR OR THE STREET, OR YOU CAN SEE IT IF YOU, IF YOU ARE AT MY BEDROOM WINDOW OR AT MY GARAGE.
UH, AND IT'S A 200 SQUARE FOOT.
IT, IT'S A, IT'S AN AREA WHERE I PARK A CAR.
UM, AND, UH, ACTUALLY I, I'M SORRY, I, I THINK THERE'S ACTUALLY A SECOND SECTION OF THE DRIVEWAY WITH IT THAT WAS ADDED TO, TO THE VARIANCE NEAR THE STREET THAT WAS PAVED.
BUT THAT, THAT'S BEEN THERE SINCE 1947.
UM, SO I, I DIDN'T UNDER, I, I THINK THAT WAS ADDED LATER TO, TO THE, TO THE VARIANCE BECAUSE SOMEHOW THE BUILDINGS DEPARTMENT DECIDED THAT, I'M NOT SURE.
I'M NOT SURE WHY THEY, WHY THAT IS PART OF THIS VARIANCE.
AND I'M NOT EVEN SURE IF IT IS, BUT I THINK IT'S JUST THAT SECTION OF THE PAVEMENT THAT IS NOT VISIBLE BY ANYONE EXCEPT, UH, ME.
IT'S JUST, UH, IT'S, IT'S IN THE BACK OF THE, UH, SO I'M NOT TOTALLY SURE, BUT TO JUST, TO THE RIGHT OF THE GARBAGE CAN.
THERE'S SOME PAVEMENT THERE, UH, WHERE YOU COULD PUT A CAR.
IT'S A LITTLE SMALL, BUT THAT'S BEEN THERE SINCE THAT THE, THE ORIGINAL SECTION OF HOUSE WAS BUILT IN 1947, CARLOS, AND IT'S, I WAS JUST ABLE TO GET THE, UH, PHOTOGRAPHS UP.
I THINK THAT IS IN SCREEN SHARE NOW.
YOU CAN LOOK AT THE PHOTOGRAPH.
YOU SEE THE GARBAGE CANS, THE PART THAT IS BEHIND THE GARBAGE CANS IS THAT LITTLE PIECE THAT WAS THERE FROM THE VERY BEGINNING, THAT THAT'S BEEN THERE SINCE.
THE, THE ORIGINAL SECTION OF THE HOUSE WAS BUILT, RIGHT? I AM NOT SURE.
IS THAT PART OF THE, WHAT, WHAT'S BEING REQUESTED IN TERMS OF THE VARIANCE? IT MIGHT BE, THERE'S A LITTLE CORNER OF THAT.
IT'S ABOUT TWO FEET LONG, TWO FEET ON THE SIDE AND ON THE DIAGONAL.
OH, NO, NO, THAT'S, THAT'S AT THE TOP OF THE DRIVEWAY.
THAT'S THE, THAT'S THE MAIN AREA I'M TALKING ABOUT THE ORIGINAL.
THAT THAT'S AN ORIGINAL PIECE.
BUT SOMEHOW THAT'S A FEW SQUARE FEET.
THE, THE BIGGER PIECE IS UP BY THE FENCE IN THE BACK THAT IT'S NOT VISIBLE.
UH, ACTUALLY, I DIDN'T EVEN REALIZE THIS HOUSE WAS HERE.
ON ALL THE YEARS I'VE BEEN COMING DOWN THE PARKWAY, UH, GETTING OFF OF THAT EXIT AND MAKING A LEFT TURN TO GO ALONG ROUTE 100 C I DIDN'T EVEN KNOW THERE WAS A HOUSE BEHIND THAT.
COULD YOU, YEAH, EVERYBODY NEEDS TO, UH, ANNOUNCE WHO THEY ARE AND WHO'S SPEAKING.
[01:35:01]
'CAUSE IT'S GETTING VERY CONFUSING.WHO ARE YOU? I'M THE ARCHITECT OF MR. SIEGEL.
I PUT TOGETHER HIS APPLICATION.
DO YOU HAVE A PI, A DRAWING OF IT? UH, BESIDES THIS PHOTO? YES, I DO.
THAT MIGHT BE HOW TO GET TO THAT FROM WHERE I AM NOW.
SO THE TWO AREAS ON THE LEFT HAND BOTTOM CORNER OF THE SCREEN IS THAT LITTLE THING, JUST A LITTLE TRIANGULAR AREA FROM THE ORIGINAL DRIVEWAY THAT WAS A LITTLE BIT FURTHER OUT THAN THE 30 FOOT ALLOWABLE.
AND THAT PIECE HAD BEEN THERE FROM WHEN THE HOUSE WAS BUILT.
UH, THE BIGGER AREA IS, WHAT WE KNEW WE HAD TO APPLY FOR IS A SECTION UP BEHIND THE HOUSE.
THE, THE DRIVEWAY COULD HAVE BEEN A LITTLE BIT WIDER MEETING THE ZONING REQUIREMENTS.
APPARENTLY, MR. SIEGEL'S CONTRACT SUGGESTED THEY PAVE THIS AS AN AREA FOR EXTRA CARS TO GET IN.
SO WHEN THEY HAVE A CAR IN THE GARAGE, THEY CAN GET OUT AND THEY CAN ALSO MAKE A TURNAROUND AT THIS POINT, RATHER THAN HAVING TO BACK DOWN THE DRIVEWAY TO THIS POINT, WHICH IS VERY DIFFICULT WITH SOME OF THESE TIGHT SQUEEZES IN HERE.
SO HE SPENT A LITTLE BIT OF EXTRA MONEY TO GET THE EXTRA PAVING DONE THEN.
AND THEN FOUND OUT WHEN HE WAS GETTING READY TO GET A CO THAT EITHER THE ZONING LAW HAD CHANGED OR THAT, UH, IT WAS IGNORED THE FIRST TIME WHEN HE ACTUALLY, UH, PUT THIS APPLICATION IN THIS PIECE AT THE BOTTOM WAS ON THE ORIGINAL PLAN THAT WAS SUBMITTED FOR APPROVAL TO THE BUILDING DEPARTMENT BACK IN 2002.
I THINK WHEN IT MADE THE ORIGINAL SUBMISSION.
THIS PIECE AT THE BACK, I'M SORRY, HIGHLIGHTED HERE IN THE LIGHT GRAY WITHOUT THE SHADING WAS WHAT WAS SHOWN ON HIS SITE PLAN FOR APPROVAL THEN.
AND EVEN A, A LITTLE BIT OF THAT WAS, UH, BEYOND THE, THE LIMITS OF THE, THE 30 FOOT AND THE DIS IT WAS DEFINITELY WITHIN THE, UH, THE SETBACK DISTANCE FROM THE REAR YARD.
SO WE FOUND THREE DIFFERENT VARIANCES THAT WERE NEEDED AS, UH, WE'RE TRYING TO GET THE CO ON THE ADDITION TO THE HOUSE.
GO AHEAD, LOU, YOU HAD A QUESTION ONLY THE, UM, WHEN YOU WERE USING THE WORD THEN.
UH, CAN YOU TELL ME WHAT, UH, YEAR YOU'RE TALKING ABOUT? THE APPLICATION WAS MADE IN 2002.
THEY GOT APPROVAL IN EARLY 2003 FOR DOING THE ADDITION TO THE HOUSE.
AND THE, UH, ADDITIONAL SQUARE FOOTAGE ADDED TO THE DRIVEWAY WAS ADDED AT THAT TIME OR AT A LATER DATE? IT WAS ADDED WHEN THEY WERE PAVING THE DRIVEWAY TO FINISH OUT THE, THE HOUSE EDITION.
SO IT'S BEEN THERE ALMOST 20 YEARS NOW.
SO THIS IS ANTHONY ZACH FROM THE BUILDING DEPARTMENT SPEAKING.
THE PLAN THAT WAS BEFORE US, THAT WAS SUBMITTED WITH THE BUILDING PIT APPLICATION, COMPLIED TO THE LOT WIDTH.
AT SOME POINT DURING CONSTRUCTION, THE PARKING AREA BECAME LARGER.
THE, THE APPLICANT DIDN'T APPLY FOR A CO FOR MANY YEARS.
WHEN THE AS-BUILT CAME IN FOR THE CO, WE FOUND THE DISCREPANCY AS FAR AS THE AREA IN THE FRONT, WE DID NOT HAVE ANY DOCUMENTATION OF AN EXISTING LAWFULLY.
IF THE APPLICANT HAS DOCUMENTATION OF THAT PORTION IN THE FRONT, A VERY OLD SURVEY PREDATING THE REQUIREMENT OF THE CODE, THEN THE DE THE BUILDING DEPARTMENT WILL REVISE THE DENIAL LETTER TO REMOVE THAT FRONT PORTION FROM THE APPLICATION.
MR. VASO ORELLI, THE, UH, IF YOU LOOK AT SOME OF THE STUFF IN YOUR FOLDER, THAT SECTION HAS BEEN SHOWING FROM THE ORIGINAL.
I'M NOT SURE WHAT DATE THE SURVEY HAD.
THIS, THIS ISN'T REALLY, THIS ISN'T A FORMAT FOR US TO GO BACK AND FORTH ON THAT FRONT PIECE.
YOU CAN CONTACT ME IN THE OFFICE AND I'LL BE GLAD TO GO OVER THE DOCUMENTS WITH YOU.
IF IN FACT IT PREDATES, THEN WE WILL REVISE THE DENIAL LETTER ON THAT.
BUT I GUESS YOU SHOULD MOVE FORWARD WITH TELLING THE BOARD WHY YOU NEED THESE AREAS.
THIS HAS BEEN THERE FOR ALMOST 20 YEARS NOW.
IT REALLY DOES NOT AFFECT THE NEIGHBORS.
IT WOULD BE A BIGGER THING TO TAKE IT OUT AT THIS POINT.
NUMBER ONE, IN THE COST, NUMBER TWO IN ENVIRONMENTAL, THAT YOU'RE GONNA HAVE, UH, AN AREA OF THAT IS NOW COVERED THAT WOULD BE EXPOSED EARTH, THAT HAS TO BE REPLANTED.
AND ANY HEAVY RAINSTORM COMES IN.
SOME OF THAT DIRT WILL MAKE ITS WAY, NO MATTER HOW GOOD YOUR SILT FENCE IS DOWN THE DRIVEWAY.
AND WE DON'T FEEL THIS IS A BIG, UH, VARIANCE.
WE'RE LOOKING FOR THAT ONE PIECE AT THE BOTTOM IS A COUPLE OF SQUARE FEET.
THE PIECE AT THE TOP IS FOR WITHIN THE WIDTH VARIANCE IS 220
[01:40:01]
SQUARE FEET, UH, IN THE REAR YARD SETBACK, IT'S 188 SQUARE FEET.THOSE ARE RELATIVELY MINOR FOR THE SIZE OF THIS PROPERTY.
WHAT'S THE SIZE OF THE PROPERTY? THIS IS CHRISTIE.
IT IS A LITTLE BIT OVER AN ACRE, I BELIEVE.
UM, DID YOU HAVE ANY, UM, CHRISTY AGAIN, SORRY.
WERE THERE ANY NA UH, NEIGHBORS THAT HAD ANY, UH, OBJECTION TO THE VARIANCES THAT YOU KNOW OF? I'M NOT AWARE OF ANY.
IS THERE ANYBODY HERE FROM THE, THE, UM, PUBLIC SPEAK? I MAY, MAYBE IT WOULD BE GOOD TO SHOW A, AN ACTUAL PICTURE OF THIS AREA HERE.
WOULD YOU, WOULD YOU HAVE IN A PHOTO NOW THAT'S FROM THIS? I, I'M TRYING TO GET TO THE, I HAVE TWO PHOTOS THAT ARE IN THE QUEUE.
I'M TRYING TO FIGURE OUT HOW TO GET
DON'T FORGET, GUYS, YOU CAN'T ALL TALK OVER 'CAUSE IT'S REALLY HARD FOR THE STENOGRAPHER TO KEEP TRACK OF WHO'S SPEAKING.
SIR, WHAT I WOULD RECOMMEND IS YOU STOP SHARE AND THEN OPEN UP THE PHOTOS ON YOUR OWN SCREEN WHAT YOU WANNA SEE.
AND WHEN YOU'RE READY ON THAT END, THEN YOU CAN RE-SHARE.
UM, MR. SIEGEL, DID YOU HAVE ANY DOCUMENTATION OR DID YOU SPEAK TO ANY NEIGHBORS, UM, TO GET INPUT ON YOUR VARIANCES? THERE WAS ALL SHOCKED.
SO, SO THEY'RE ALL LIKE SO CONFUSED WHY, YOU KNOW, I WOULD HAVE TO GO THROUGH THIS
SO YEAH, IN THIS PICTURE YOU CAN SEE WHERE MY CAR IS PARKED.
THAT'S THE AREA THAT, UH, IS AFFECTED BASICALLY FROM THE END OF THE, THE CORNER OF THE HOUSE TO THE OTHER SIDE OF THE CAR AND IN, IN A DIAGONAL TO THE CORNER.
AND IT'S NOT VISIBLE FROM THE STREET BECAUSE IT'S BLOCKED BY THE SECTION OF THE HOUSE AND IT'S ELEVATED ABOVE YOUR EYE LEVEL FROM THE STREET.
SO YOU CAN'T SEE IF IT'S PAVED OR, OR NOT PAVED.
DOES ANYBODY ELSE HAVE ANY QUESTIONS? ANYBODY FROM THE AUDIENCE HERE TO SPEAK? NO, NO SPEAKERS IN THE AUDIENCE FOR THIS ONE.
SO IF THERE'S NO OTHER, NO OTHER QUESTIONS, WE WILL, UH, REVIEW IT DURING OUR DELIBERATIONS.
UH, MOVING ON TO CASE, CASE 22, 24 LEWIS MASTERS FOR PROPERTY.
LOCATED AT THREE TEN THREE TWENTY SAWMILL RIVER ROAD.
I'M CHRIS LEWIS FROM LEWIS SIGN COMPANY.
SPEAKING TONIGHT FOR SHOPRITE, THE NEW SHOPRITE THAT'S BEING BUILT.
UM, BEFORE YOU ASKING FOR VARIANCE, UH, FOR ON TWO SIGNS.
THE FIRST ONE BEING THE MORE IMPORTANT, FRANKLY, THE MORE IMPORTANT ONE TO US, WHICH IS THE WEST ELEVATION.
THERE'S A SET OF SHOPRITE LETTERS THAT IDENTIFIES THE, THE BUSINESS AND SHOPPER USES A STRIP LETTER, WHICH UPPER LOWER CASE.
THAT LETTER P IS A DESCENDER WHO FALLS BELOW THE LINE.
SO WHAT I'M ACTUALLY ASKING FOR IS TO ALLOW A FOUR FOOT TALL SS, WHICH IS ALLOWED BY CODE.
BUT WHEN I DO THAT AND WORK IT OUT, PART OF THE P COMES BELOW THE BOTTOM OF THE LINE.
THAT'S THE SIZE OF THE PIECE OF THE P THAT COMES BELOW THE LINE.
AND WE WOULD LIKE VERY MUCH LIKE THE, UH, VARIANCE TO ALLOW THE SIGN TO BE THAT MUCH LARGER THAN WHAT IS ALLOWED BY CODE WEST ELEVATION.
THE FRONT OF THE BUILDING, THE MAIN SIGN FOR THE STORE, THE SECOND SIGN
[01:45:01]
THAT WE'RE TALKING ABOUT IS A MEDALLION.SHOPRITE USES A CIRCULAR LOGO THEY HAVE FOR MANY YEARS.
AND WE WOULD REALLY LIKE TO PUT ONE ON THE NORTH.
THE NORTH ELEVATION, THAT WOULD BE THE SIDE, THE RETURN SIDE OF THE STORE.
IF YOU'RE LOOKING FROM THE STORE TO THE LEFT, JUST AT THAT CORNER, UH, WE'RE ASKING IF WE COULD HAVE A VARIANCE TO ALLOW A SECOND SIGN.
THERE'S A, THERE'S THREE ITEMS ON THE LETTER OF PERMIT DENIAL THAT ARE REQUIRED TO ALLOW FOR THAT SECOND SIGN AROUND THE CORNER.
UM, CAN YOU PUT ANYTHING UP OR SHARE YOUR SCREEN AND INDICATE WHERE THESE ARE GOING? BECAUSE I'M LOOKING THROUGH THE PACKET THAT WE RECEIVED AND I AM NOT CLEAR WHERE THESE SIGNS ARE GOING TO BE LOCATED.
THAT MAY BE BEYOND MY ABILITY.
I'M WORKING FROM AN IPAD TONIGHT.
THIS SHOULD BE, DO YOU SEE THAT ALSO? NOT YET, NO.
SORRY, I'M NOT AS, UM, COMPUTER SAVVY AS ED WAS.
I WAS VERY IMPRESSED WITH HOW HE WAS ABLE TO MOVE THE, UH, PICTURES AROUND FOR HIM.
DO YOU KNOW, IS THERE SOMETHING I NEED TO DO TO TURN ON SCREEN SHARING THEN? SHARE CONTENT.
THERE SHOULD BE A GREEN BUTTON THAT SAYS SHARE SCREEN.
YOU CLICK THAT AND THEN IT SHOULD GIVE YOU OPTIONS.
I'M ALSO TRYING TO, UM, PULL UP YOUR DRAWINGS, SIR.
IT LOOKS LIKE IT'S GOING TO DO IT.
SO THE SHOP WRITE SET OF LETTERS, STRIP LETTERS, YOU CAN SEE THEM IN THAT UPPER, THE, THE WHOLE, YOU SEE THE WHOLE BUILDING? WELL, YEAH.
THEY DON'T FIT THE WHOLE BUILDING ON THE DRAWING, BUT YOU'RE SEEING THE MAJORITY OF THE BUILDING WEST ELEVATION, THAT LETTER, THAT SET OF LETTERS THERE THAT SAY SHOPRITE, I'M ZOOMING IN A LITTLE BIT.
SEE THE SS IS FOUR FOOT, BUT THE BOTTOM OF THE P WOULD BE FIVE INCHES BELOW THAT.
AND THAT'S THE VARIANCE THAT I'M ASKING FOR THERE.
THE SIGN THAT WOULD REQUIRE A VARIANCE IS AT THE BOTTOM HERE.
THIS BOTTOM ONE IS THE NORTH ELEVATION.
AND TOWARDS THE FRONT OF THE BUILDING, ARCHITECTURALLY THEY'VE MADE AN AREA FOR IT.
AND WE, WE WOULD LIKE TO PUT A FOUR FOOT, WE CALL THAT THE MEDALLION LOGO IN THAT SECTION OF THE WALL THERE.
I, I, WAIT, WHAT'S THE THIRD? WELL, THE, THE, I BELIEVE ON UNDER THE PERMIT DENIAL.
THE, THERE'S THREE ITEMS. YEAH.
UH, NORTH ELEVATION, I BELIEVE THEY ALL ARE THE PARTS THAT APPLY TO THIS, UH, SIGN AROUND THE CORNER.
SECOND WILL ALL SIGN UP FRONTING BUSINESS OR INDUSTRIAL DISTRICT.
IT'S ALSO A SECOND SIGN ON ELEVATION LOCATED LESSER THAN ONE AND A HALF TIMES THE FRONTAGE, WHICH IS APPROXIMATELY SEVEN OR 73 FEET.
AND IT'S ALSO THE SECOND SIGN ON A NON FOREIGNER LOT.
SO THOSE ARE THE THREE ITEMS. OH, I SEE.
PREVENTED BEING ABLE TO JUST PULL A PERMIT FOR THAT SIGN.
SO YOU, YOU WOULD ACTUALLY BE GRANTING, YOU KNOW, THE VARIANCE, UH, FOR ALL THREE OF THOSE, BUT IT'S JUST FOR THAT ONE SIGN.
I'M TRYING TO ZOOM OUT A LITTLE BIT SO YOU CAN STILL SEE THE WHOLE, THE WHOLE THING.
IT'S A PRETTY GOOD SIZE BUILDING.
AND YET YOU'RE KEEPING YOUR SIGNS FOUR FEET TALL EXCEPT FOR THAT LITTLE PIECE OF THE BOTTOM OF THE P I, UH, WAS TRYING TO APPLY FOR THE VERY
[01:50:01]
MINIMAL VARIANCE THAT WE, WE COULD, I TRIED TO WORK IT SO THAT FINES WOULD FIT THE CODE AS WRITTEN, BUT THE, THAT DESCENDER OF THE P JUST GETS IN MY WAY ALL THE TIME AT DIFFERENT PLACES THAT WE BUILD SHOP RIGHTS.UM, YOU TAKE A LOOK AT THE STOP AND SHOP AROUND THE CORNER IN HARRINGTON.
UM, ANY OTHER QUESTIONS FROM THE BOARD? ANY QUESTIONS FROM THE AUDIENCE? NO QUESTIONS FROM THE AUDIENCE.
IF YOU COULD HIT THE STOP SHARE.
LET'S SEE IF THAT
SO IF THERE'S NO OTHER QUESTIONS ON THIS, THANK YOU.
AND WE WILL TAKE IT UNDER CONSIDERATION DURING OUR DELIBERATIONS.
I APPRECIATE YOUR TIME AND CONSIDERATION.
UM, NOW OUR LAST CASE TONIGHT IS CASE NUMBER 2225.
DOMINIC FANELLI FOR PROPERTY LOCATED AT ONE BAYBERRY ROAD IN ELMSFORD.
MEMBERS OF THE BOARD, IT'S ANTHONY ZACH FROM THE BUILDING DEPARTMENT.
I WOULD JUST LIKE TO SPEAK FIRST ON THIS CASE TO THE BOARD.
TO GIVE YOU A LITTLE HISTORY, A LITTLE BACKGROUND.
THE BUILDING DEPARTMENT ERRED IN, IN ISSUING A BUILDING PERMIT FOR THE PORCH THAT THEY WANTED TO CONSTRUCT.
ONCE THE BUILDING DEPARTMENT WAS MADE AWARE OF THE ERROR, WE STOPPED THE, THE PROJECT AND THE APPLICANT STOPPED AND HE CAME IN TO OBTAIN THE VARIANCE.
SO I JUST WANTED THE BOARD TO KNOW THAT IF THEY WENT OUT TO SEE THE SITE AND THEY SAW THAT CONSTRUCTION STARTED, THAT IT WAS BY NO MEANS ANY FAULT OF THE APPLICANT.
THE APPLICANT LIKE TO SPEAK NOW.
UM, SO LIKE ANTHONY SAID IT BEST, WE, WE SUBMIT AN APPLICATION FOR A PORCH.
UM, WE WERE APPROVED THAT SORT OF CONSTRUCTION.
UM, WE WANTED TO REVISE THE PLANS AND PUT A SMALL VESTIBULE IN.
AND ONCE I REVISED THE PLANS AND SUBMITTED IT, THAT'S WHEN, UH, THE TOWN REALIZED THAT THEY, UH, MADE A MISTAKE.
AND THAT'S WHEN WE STOPPED CONSTRUCTION.
SO STILL LOOKING TO, UH, IF POSSIBLE PUT A VESTIBULE IN, WHICH IS ROUGHLY, UH, 10 BY EIGHT, YOU, WOULD YOU HAPPEN TO BE ABLE TO SHARE YOUR SCREEN SO WE COULD SEE THE AREA THAT YOU'RE REFERRING TO? SURE, SURE.
'CAUSE UNFORTUNATELY YOUR CASE WAS NOT INCLUDED IN OUR CASE PACKAGE.
SO THIS IS THE, UH, THE ROOF STRUCTURE THAT WE WERE APPROVED FOR.
IT WAS GONNA BE OPEN UNDERNEATH.
WE'RE GONNA EN ENTER INTO RIGHT HERE, INTO, INTO THE HOUSE.
UM, AFTER I HAD THE ROOF UP, I, UH, REVISED THE PLAN, SENT THEM TO THE BILLING DEPARTMENT, ASKED IF WE COULD HAVE THIS AREA RIGHT HERE, VESTIBULE, WHICH IS 10 FEET, SIX BY EIGHT FEET, EIGHT AND THREE EIGHTHS.
JUST A SMALL AREA TO WALK IN, TAKE YOUR SHOES OFF, HANG YOUR, HANG YOUR JACKET UP, AND THEN WALK INTO THE HOUSE.
UH, WHEN WE REVISED THE PLANS, THAT'S WHEN THE BILLING DEPARTMENT REALIZED THAT THERE WAS AN ERROR IN THE ORIGINAL PERMIT.
SO, UH, THAT'S WHERE WE STAND.
UH, CAN YOU SCOOCH OVER TO THE RIGHT SO THAT WE CAN SEE THE EXTERIOR SIDE ELEVATIONS? JUST SCROLL.
HOW'S THAT? SO THIS, THIS WOULD BE THE VESTIBULE WINDOW IN THE FRONT.
WE'RE GONNA PUT A BLUE STONE DOWN UNDERNEATH THE PORCH.
AND AGAIN, THIS WOULD BE THE VESTIBULE AREA.
WE'RE, UH, ENCROACHING, UH, SIX FEET, I BELIEVE.
AND YOU, DO YOU HAVE ANY NEIGHBORS OBJECT? NOBODY OBJECTS.
ALL OUR NEIGHBORS ARE ALL FOR IT.
AND WE'RE ACTUALLY FROM THIS POINT TO THE CURB IS 50 FEET AND WE HAVE A WHOLE LINE
[01:55:01]
OF TREES THAT YOU REALLY CAN'T EVEN SEE.THE, UH, CAN'T EVEN SEE THE ROOF STRUCTURE.
BUT I HAD ASKED BEFORE IF YOU COULD SCROLL TO THE RIGHT.
NO, NO, I'M INTERESTED IN THAT.
AND THEN, UH, ELEVATION THREE.
ARE THERE ANY OTHER COMMISSIONER, COMMISSIONER DUANE, WOULD YOU BE ABLE TO SHARE A UH, GOOGLE STREET SCAPE? I THINK THAT WOULD BE QUITE HELPFUL TO THE BOARD SO THEY COULD SEE HOW IT WOULD LOOK FROM THE, FROM THE ROAD.
WHILE HE'S DOING THAT, I HAVE A QUESTION FOR ANTHONY.
BASICALLY, BASICALLY HE'S SEEKING TO ENCLOSE A PORTION OF THE PORCH, CORRECT? CORRECT.
AND, AND THE PORCH ITSELF, THE ROOF STRUCTURE IS SET BACK 30, UH, 33.79 FEET FROM THE FRONT? YES.
IS THAT LEGAL FOR THE PORCH? THEY'RE, THEY'RE BOTH THE SAME.
THE PORCH AND THE ENCLOSURE REQUIRE THE SAME SETBACK.
THEY BOTH REQUIRE, UH, IN THAT ZONE, THE 40 FOOT SETBACK.
IT'S ONLY OPEN DECKS THAT ARE ALLOWED ADDITIONAL ENCROACHMENT.
SO IF THIS WERE DENIED, YOU'D HAVE TO TAKE DOWN NOT ONLY THE PORT, THE ENCLOSURE.
WELL, THE ENCLOSURE, THE ENCLOSURE WASN'T CONSTRUCTED YET.
IT WAS THE ROOF THAT WAS CONSTRUCTED.
SO YOU'D, THEY'D HAVE TO TAKE DOWN THE ENTIRE, UH, ACROSS THE ENTIRE PORCH, CORRECT? CORRECT.
SO THERE'S ALL, THERE'S LITTLE CONCRETE ALREADY PUT IN.
IS I, I I JUST WANNA MAKE SURE I, IS THIS THE RIGHT HOME OR AM I MISTAKEN? OKAY, IT ACROSS THE STREET AROUND, KEEP GOING.
THAT'S, YEP, THAT'S IT RIGHT THERE.
THROUGH THE DRIVEWAY, I GUESS.
NO, YOU'RE NOT GONNA SEE IT FROM THERE.
LET ME TRY, WHICH, WHICH IS OVER HERE.
THE PROPERTY IS HEAVILY SCREENED.
YOU CAN ONLY SEE IT, YOU KNOW, THROUGH THAT LITTLE SECTION.
I THINK THAT'S THE BEST I CAN DO.
AND YOU SAID IT'S ABOUT 50 FEET FROM THE, FROM THE, UM, FROM THE ROOF STRUCTURE TO THE CURB IS 50 FEET BECAUSE OF THE, UH, THE RIGHT OF WAY.
IS, SO THE VARIANCE WOULD BE THE SAME WITH OR WITHOUT THE VESTIBULE? CORRECT.
UH, LESS THAN SEVEN FEET ENCROACHMENT INTO THE FRONT YARD SETBACK? CORRECT.
AND WHAT'S THE SIZE OF THE LOT? IT'S AN R 40.
ANY OTHER, ANYONE FROM THE AUDIENCE HERE TO SPEAK ON THIS? NO.
ANY OTHER QUESTIONS? YES, I WOULD LIKE TO OH, SURE.
OBVIOUSLY, UM, MY NAME IS ANGELINA ELLO.
I OWN THE HOUSE AT THREE OAK OXFORD ROAD, WHICH IS AROUND THE CORNER FROM, UH, MR. FANELLI'S HOME.
I RECEIVED THE, UH, NOTICE IN THE MAIL.
SO I'VE BEEN IN THE NEIGHBORHOOD FOR 26 YEARS.
SO I TOOK A WALK AROUND THE CORNER.
HE WAS KIND ENOUGH TO SHOW ME WHAT HE WAS DOING ON THE PROPERTY.
AND, UH, I'VE SEEN A LOT OF DEVELOPMENT IN THE AREA.
AND BASED ON YOUR DECISIONS AS THE BOARD? UM, I DON'T HAVE ANY OBJECTION
[02:00:01]
WHATSOEVER TO WHAT HE'S DOING.UM, I DON'T KNOW HOW MUCH WEIGHT I CARRY, BUT AS FAR AS THE NEIGHBOR, UM, AESTHETICALLY FROM WHAT HE'S SHOWED ME, WHAT WAS BEING DONE, AND AGAIN, IT WAS KIND ENOUGH TO SHOW ME PLANS AND, UM, IT'S ONLY, IT ONLY SERVES TO MAKE THE NEIGHBORHOOD BETTER.
UM, WHEN YOU'RE DRIVING BY, YOU BARELY SEE THE HOUSE.
AND HE WAS SHOWING ME THE TREES HE WAS GONNA PUT UP AND WHATNOT.
BUT, UH, AS A NEIGHBOR OF HIS, AND, AND AGAIN, I'VE BEEN IN THE NEIGHBORHOOD 26 YEARS, I DON'T SEE ANYTHING THAT I WOULD, THAT I WOULD WORRY ABOUT OR HAVE ANY CONCERNS ABOUT WITH WHAT HE PLANS TO DO.
SO IF THERE'S ANYONE ELSE YOU COULD PLEASE UNMUTE YOUR MIC.
I, NO ONE ELSE LOOKS LIKE RAISED THEIR HAND, SO I BELIEVE THAT'S IT.
WELL, IF NOBODY HAS ANY OTHER QUESTIONS OR COMMENTS ABOUT THIS CASE, WE WILL, UH, THANK YOU FOR, UM, SPEAKING AND WE'LL TAKE IT UNDER CONSIDERATION DURING OUR DELIBERATIONS.
SO WE'RE GOING TO DO A FIVE MINUTE BREAK.
WE'VE COME TO THE END OF OUR AGENDA,
SO WE'LL TAKE A FIVE MINUTE BREAK AND THEN COME BACK RECORDING STOPPED.
SO WE'LL COME BACK AT AROUND 9 29 21.
UM, HAS ANYONE HEARD FROM E HMM? THIS IS VERY UNUSUAL.
ALL RIGHT, SO WE'LL COME BACK IN A FEW MINUTES.
[02:09:58]
UH, THIS IS A DISCUSSION PORTION OF THE MEETING,[02:10:01]
UH, THAT'S SOLELY FOR THE ZONING BOARD MEMBERS.UH, THERE'S NO COMMENTS, UH, TO BE HAD AT THIS POINT FROM THE PUBLIC.
AND JUST A QUICK REMINDER TO MUTE THOSE MICS IF YOU'RE NOT A BOARD MEMBER.
WE HAVE, UH, CHRISTIE, DIANE, UH, LEWIS IS YET TO RETURN.
SO I'M GONNA, UH, CONTINUE THE RECORD RECORDING IN PROGRESS.
SORRY, WHAT'S THAT? LUIS NOLAN MADE MENTION OF THE, UH, STATEMENT THAT CHRISTIE MADE THAT THERE'S ONLY FOUR MEMBERS HERE TONIGHT.
SO THAT, UM, IT WOULD'VE TO BE A UNANIMOUS DECISION.
I'M NOT SURE THAT ANYBODY UNDERSTOOD, UNDERSTOOD THAT OR I DIDN'T PUT IT VERY ELOQUENTLY.
WE CAN HEAR THE ONLY SIGNIFICANCE OF THAT WOULD'VE BEEN FOR SOMEONE TO HAVE ADJOURNED THE HEARING BEFORE IT WAS HAD.
WE'VE HAD ALL THE HEARINGS, SO WE, THERE'S NOTHING TO KEEP US FROM GOING FORWARD AND DELIBERATING AND DECIDING TONIGHT.
I WITH THE PROVI, WITH THE, WITH THE UNDERSTANDING THAT HISTORICALLY, UH, IF WE HAVE LESS THAN A MAJORITY, UH, TO GRANT, UM, RATHER THAN TO DENY, WHICH WOULD BE THE DEFAULT, UH, SETTING, WE WOULD PROBABLY HISTORICALLY ADJOURN IT TO GIVE, UH, TO, TO GIVE THE FULL BOARD THE OPPORTUNITY TO, TO WEIGH IN.
UM, WE DON'T HAVE A UNANIMOUS DECISION.
SO DO YOU WISH TO ADJOURN OR DO WE JUST SAY WE ADJOURN? IT'S UP TO YOU AT THIS POINT.
YEAH, WE TYP UH, WE TYPICALLY, UH, YOU KNOW, THAT WE TYPICALLY WILL SAY, YOU KNOW WHAT, LET'S JUST BOUNCE BY IF YOU, IF, IF YOU'RE NOT GOING TO GRANT, JUST LET, GIVE, GIVE THE APPLICANT THE OPPORTUNITY WHEN MORE BOARD MEMBERS ARE HERE.
THAT'S WHAT WE'VE DONE IN THE PAST.
WHY DON'T WE START BY ASKING, DOES ANYONE HAVE ANY ISSUES WITH ANY OF THE SEVEN CASES THAT ARE IN FRONT? THAT'S A GOOD IDEA.
UM, BECAUSE THAT WAY WE CAN FIGURE OUT IF ANYONE HAS ANY, UH, CONCERNS ABOUT ANY OF THOSE SEVEN CASES, THEN WE MAY HAVE AN ISSUE WHERE WE MIGHT WANT TO ASK THEM FOR, TO REQUEST AN ADJOURNMENT.
WE CAN DO A STRAW VOTE AND THEN SAY, HEY, WE'LL ADJOURN IT WITHOUT DOING.
THAT'S, DOES ANYONE HAVE ANY CONCERNS ABOUT ANY OF THE SEVEN CASES? I THINK IT MIGHT BE MOST EFFICIENT JUST TO RUN THROUGH THE ONE BY ONE.
UM, IT MIGHT BE CONFUSING TO KIND OF STRAW POLL ALL OF THEM RIGHT NOW.
LET'S GO, WE'LL SKIP DALE GOLF.
WE'LL GO THROUGH THE OTHER ONES.
DOES ANYONE HAVE ANY ISSUES WITH BLOOM ENERGY? I'M GONNA TELL YOU TO BOUNCE THIS ONE TO THE NEXT MEETING.
WHY? WHY I, I DON'T HAVE ALL MY, UM, MY OLD FILES WITH ME.
SO I DON'T HAVE THIS FILE IN FRONT OF ME.
SO I WAS JUST RELYING ON WHAT WAS HEARD.
UM, I DON'T HAVE MY OLD FILE WITH ME.
I DON'T HAVE MY OLD FILE WITH ME RIGHT NOW TO SUFFICIENTLY REVIEW IT.
SO SHOULD WE ADJOURN FOR NOTE ONLY THEN? YES.
I'M NOT SURE IT'S A NECESSARILY ADVISABLE TO DO IT THAT WAY BECAUSE IF SOMEONE ELSE NEXT MONTH HAS AN ISSUE,
[02:15:02]
UH, HAVING CLOSED IT FOR DECISION ONLY, IT DID, IT JUST, UM, NO, YOU CAN'T CLOSE IT FOR DECISION ONLY 'CAUSE THERE'S NO DECISION HAS BEEN RENDERED.YOU CAN'T RENDER A DECISION TONIGHT.
COURSE WE DON'T HAVE ENOUGH TO GRANT.
AND IT'S YOUR POSITION, RIGHT? YES.
SEEMS LIKE A SHAME THAT THEY'VE, UH, ADJOURNED IT THEMSELVES FROM MONTHS ON END.
AND I DON'T HAVE A PROBLEM WITH IT.
I CAN TELL YOU THAT RIGHT NOW.
NOR DO I, I DON'T EITHER, BUT WE ARE ONLY THREE PEOPLE.
REMEMBER 12 ANGRY MEN, RIGHT, ROWAN? OKAY.
WHAT'S THE DATE OF THE NEXT MEETING? UH, SEPTEMBER.
UM, NOW WE'RE GONNA SKIP THE GOLF CLUB FOR NOW.
I DON'T HAVE AN OBJECTION EITHER.
OKAY, SO THAT ONE YOU'RE GIVING TO ROWAN
ED, WE GONNA, WE'RE GONNA LET YOU WRITE THAT ONE.
WHO'S I WAS ONLY KIDDING ROWAN.
SO ED, DO YOU WANNA WRITE THIS OR DO YOU WANT ONE OF US TO TRY TO WRITE IT LIKE LATER? WELL, IF
AND THIS SITE IS ON THE BORDER, UM, WHICH IS A RATHER DISTINGUISHING TRAIT.
WHEREAS IF THIS SITE WERE WHOLLY IN THE UNINCORPORATED PORTION OF GREENBURG, UM, YOU KNOW, I THINK YOU, YOU, YOU KNOW, YOU MAY CONSIDER THIS APPLICATION IN A MUCH DIFFERENT WAY.
UM, BUT BY VIRTUE OF THE FACT THAT THE HEIGHTS CONSISTENT WITH THE ZONING IN THE VILLAGE, UM, YOU KNOW, I THINK THAT HELPS IN TERMS OF PRECEDENT FOR SOMEONE ELSE THAT WERE TO WANT TO COME IN AND TAKE ADVANTAGE OF A SIMILAR HEIGHT MORE ON THE INTERIOR OF THE TOWN.
YOU'RE SAYING THAT ED SHOULD WRITE A, A DECISION IN GARRETT? OKAY.
I DON'T KNOW THAT THERE'S MANY OTHER, UM, ASPECTS OF THE PROPOSAL THAT ARE COMPLEX.
THERE'S JUST SO MANY ITEMS IN HERE THAT IT WOULD TAKE.
I COULD DO IT, BUT I'M GONNA DO IT.
I COULD DO IT, BUT I'LL DO, I WE I GOTTA DO IT.
IT JUST SAID CLOSE C CLOSE FOR DECISION.
I'M TRYING TO, YOU KNOW, CLEAR THE AGENDA.
SO WE HAVE THAT CLOSED FOR DECISION.
WITH THIS, IF HE WAS GOING TO, UM, BUY ALL NEW SIGNAGE, I WOULD, I WOULD COME, GO IN AND ASK FOR POTENTIALLY A REDUCTION, BUT HE IS USING THE SIGN AND JUST REPLACING THE PLASTIC ON THE K K F C.
SO I I, I WOULD BE OKAY WITH THIS CONSIDERING THE SIGN HAS BEEN THERE FOR 30 PLUS YEARS.
UH, EVEN THOUGH I WAS THINKING THAT, UM, IT COULD BE A LITTLE SMALLER AND MAYBE A LITTLE MORE UPDATED, UH, I DON'T HAVE A PROBLEM WITH THEM REPLACING THE TWO SIGNS IN KIND AND, UM, JUST, YOU KNOW, MAKING THEM, UH, PLASTIC OR, OR WHATEVER.
UH, GETTING RID OF THE SIGN THAT IS ON THE OTHER, AROUND THE CORNER OF THE BUILDING AND, UM, ADDING THE ARTWORK, WHICH I THINK WAS, UH, A GOOD TOUCH.
[02:20:01]
ONE QUESTION I HAVE IS THE, THE SIGN ON THE, WHAT THEY CALL THE FRONT TO THE LEFT, WHICH IS THE DECAL, I THINK HE CALLED IT.
IS THAT NEW OR WAS THAT ALREADY THERE? UM, YOU SAID A DECAL.
IN OTHER WORDS, YOU HAVE, YOU HAVE THE TACO BELL ON THE RIGHT.
AS YOU'RE FACING THE BUILDING, YOU'VE GOT THE BIG PICTURE OF THE COLONEL.
AND TO THE LEFT OF THAT, THERE'S A LETTERED SIGN THAT IS A, AN AN EXISTING SIGN THAT THEY ARE REMOVING NOW THEY'RE PUTTING, THEY'RE PUTTING ANOTHER, NO, THERE'S ANOTHER THING THAT SAID CHICKEN OR SOMETHING.
BUT THEY WEREN'T ASKING FOR VARIANCE FOR THAT.
UH, DON'T, I THINK, I DON'T RECALL.
I DIDN'T SEE THAT THEY NEEDED A VARIANCE FOR THAT INCREASE.
WELL, THEY'RE INCREASING THE NUMBER OF WALL SIGNS.
NO, 'CAUSE THEY'RE TAKING ONE AWAY.
WAIT, THEN THEY'RE TAKING 1, 3, 4, 5, 6.
SO THERE WILL BE SIX TOTAL SIGNS.
OH, BECAUSE THE TACO BELL IS TWO.
SO NO, THEY'RE NOT THE, THE CHICKENS ONE IS PERMITTED.
IS ANOTHER OH ONE IS PERMITTED.
NO, I'M ONLY ASKING WHETHER THAT'S REPLACING SOMETHING, WHETHER IT'S ALREADY THERE OR WHETHER IT'S NEW.
YOU SHOWED THE, THE PHOTOGRAPH.
I DIDN'T PRINT ANY OF THESE OUT, SO I SAID I DON'T HAVE THEM PRINTED EITHER.
I JUST GO, I'M GOING INTO MY PHONE.
I'M GOING ON MY COMPUTER AS I LOOK AT YOU GUYS.
I WAS GONE FOR A LITTLE BIT, SO, OH NO, IT'S NOT THERE NOW.
'CAUSE THEY TOOK IT DOWN BECAUSE THERE WAS, UH, A NO USE FOR IT BECAUSE THE TREES WERE HIDING.
THAT'S A DIFFERENT, THAT'S ANOTHER SIGN.
THAT'S DIFFERENT SIDE OF THE BUILDING.
OH, THAT'S NOT THE ONE YOU'RE TALKING ABOUT.
ALRIGHT, SO THE QUESTION IS, DO YOU WANT TO ADD A SIGN ON THAT SIDE OF THE BUILDING? THAT'S NOW? WOW.
THEY'RE ASKING FOR THAT SIGN AS PART OF THEIR VARIANCE.
THEY'RE ASKING FOR FOUR ON THE FRONT AND THREE ON THE SIDE.
I'M JUST TRYING TO FIND IF IT, I'M STILL, DOES ANYONE HAVE A PICTURE OF, UH, GARRETT OR ANTHONY OF A PICTURE OF THE EXISTING BUILDING? THERE IS ONE IN THEIR PACKET IN THE FILE, RIGHT? I DON'T KNOW IF I COULD SHARE MY SCREEN.
UM, ONE OTHER QUESTION ABOUT THIS ONE.
THERE WAS AN INQUIRY, UH, THAT CAME IN AND I'M SORRY I DIDN'T RECEIVE IT, UM, SOON, SOONER TO BRING IT UP.
BUT, UM, UP, THERE'S A QUESTION THAT THE CODE SECTIONS OF THE NOTICE, UM, TWO 40 DASH THREE D NINE, UH, IS REFERENCED TO THE IB ZONING DISTRICT.
BUT I DON'T KNOW IF THERE'S A CROSS REFERENCE TO THE DSS.
I JUST HAVEN'T HAD A CHANCE TO LOOK INTO IT.
UM, THERE'S QUESTIONS ABOUT THE, THE, THE SECTIONS THAT WERE WRITTEN UP IN THE NOTICE AND THE AGENDA, WHETHER THEY WERE CORRECT.
UM, WELL, I I DON'T KNOW HOW IMPORTANT THAT IS BECAUSE WE CAN FIX THAT IN RENDER IT.
I JUST WANTED TO, I JUST WANTED TO HIGHLIGHT THAT.
THAT, THAT, BUT I DID HAVE A, I DID HAVE A SIMILAR CONCERN WHEN I WAS DOING, LOOKING AT THE NOTICE, BUT I GOT THE NOTICE LIKE ON THE LAST DAY AND WE JUST SENT IT IN.
UM, BUT THAT'S NOT THE QUESTION THAT I HAVE.
SO WHAT'S YOUR QUESTION, ED? WHETHER THAT THIRD SIGN IN OR FOURTH SIGN IN THE FRONT IS EXISTING, THAT THEY'RE REPLACING, THAT THEY ARE JUST RENEWING LIKE THEY ARE THE OTHER TWO, WHICH THE OTHER THREE THAT ALREADY EXIST, OR WHETHER THIS IS AN ADDITIONAL SIGN THAT'S BRAND NEW.
THE ANSWER TO YOUR QUESTION IS THERE'S NOTHING THERE NOW, AND IT'S AN ADDITIONAL SIGN THAT
[02:25:01]
IS BRAND NEW.I THINK YOU SAID IT WAS GOING TO BE PAINTED ONTO THE BUILDING.
IS THAT THE, IS THAT THE, THE, THE WRITING WALL FAMOUS CHICKEN? 'CAUSE THAT MY, MY YES CORRECT.
ANTHONY, DOES THAT MAKE A DIFFERENCE WHETHER IT'S PAINTED ON OR, OR SOME PHYSICAL STRUCTURE THAT GOES ON THE BUILDING? NO, IT'S A SIGN.
IT DRAWS ATTENTION EITHER WAY.
SO ARE WE OKAY, SO DIANE DOESN'T HAVE A PROBLEM.
WELL, YOU DIDN'T DISCUSS WHETHER IT WAS NEW.
THAT WAS BEFORE THAT OH FACT CAME UP.
DOES ANYBODY HAVE A PROBLEM WITH THIS NEW FACT
WHAT'S THE PURPOSE? I MEAN, I CAN UNDERSTAND THEY WANT THE, THE KERNEL THE SAME SIZE FROM, YOU KNOW, THE WALL BEING BUILT BY SHOPRITE.
BUT WHAT'S THE, WHAT'S THE PURPOSE OF THE WORLD FAMOUS CHICKEN? IS IT A SEPARATE BUSINESS? I THOUGHT IT WAS SEPARATE FROM THE KENTUCKY FRIED CHICKEN.
DESCRIPTION OF OH, CHICKEN KFC.
MARK SHOWED WHEN HE SHOWED THE PHOTOGRAPH OF THE HUGE RETAINING WALL YEAH.
YOU COULD JUST BARELY SEE THE FACE OF COLONEL SANDERS.
BUT TO THE LEFT OF IT, YOU WOULD THEN BE ABLE TO SEE THE WORLD OF FAMOUS CHICKEN.
YOU'RE GONNA SEE THAT, THAT WRITING FROM THAT FAR.
WELL, I MEAN, DEPENDS ON HOW GOOD YOUR EYESIGHT IS, ANNE, BUT YES.
WHEREAS I'M STARTING TO SEE THE PURPOSE OF IT.
'CAUSE YOU KNOW, YOU SEE THE COLOR IN AND, AND, AND, OKAY.
IT'S A, IT'S A K F C EVEN IF YOU, EVEN IF YOU'RE NOT FAMILIAR WITH ONE BEING THERE FOR HOW MANY YEARS, YOU ARE GONNA SEE THE ROOF, ALSO THE RED AND WHITE.
BUT, UM, I GUESS, IS THIS A NEW BRANDON WORLD FAMOUS CHICKEN OR IS IT JUST FOR THIS LOCATION? UH, NO, HE SHOWED PICTURES OF THEIR, WAS IT BRONX AND BROOKLYN WITH THE, WITH THE, WITH THE WRITING ON THERE.
I SAW THE K F C, BUT I DIDN'T, I I DON'T RECALL SEEING WORLD FAMOUS CHICKEN.
I CAN'T GET, I HAVE, I HAVE IT UP.
UM, ONES ONESIE SHODAN? NO, I THINK IT JUST SAYS, DOESN'T SAY WORLD.
YEAH, I SEE K F C, THE ONE TACO BELL.
UH, YOU KNOW, I MEAN, IF THIS IS A NEW MARKETING THAT THEY'RE GONNA DO.
THERE'S, UM, RENDERING, UH, UH, WELL, FAMOUS CHICKEN, THE DIFFERENT FORMAT THEY HAVE IT.
NONE ON ANY OF THE, ON ANY OF THE STORES THAT HE SHOWED US OTHER THAN THIS ONE THAT, THAT THEY WANT PUT IT ON OTHER THAN, UH, THE MCGINNESS BOULEVARD ONE IN BROOKLYN? NO, IN BROOK THE MAG.
IT'S ON THE MCGINNIS ONE IN BROOKLYN.
UH, YEAH, IT SAYS K F C AND THEN UNDERNEATH IT IT SAYS WORLD FAMOUS CHICKEN.
OH, THAT LITTLE WHITE STRIP? YES.
ONLY BECAUSE I REMEMBERED SEEING IT WHEN I WAS HAVING A HARD TIME CLIMBING ONE ON THE ONE ON CENTRAL AVENUE HAS THAT NO, IN YONKERS.
HE DOESN'T HAVE A PICTURE OF THAT.
SO I'M TRYING TO, I'M TRYING TO THINK, IS THE ONE THAT WAS ON IN HAR UH, ON CENTRAL AVENUE IN HARTSDALE WHITE PLAIN, IS THAT STILL THERE? NO, THAT'S NOT THERE ANYMORE.
I'M TRYING TO FIGURE, I'M TRYING TO THINK.
THERE'S NOT REALLY THAT MANY AROUND HERE ANYMORE.
WHICH ONE MIGHT BE WIDEST? ONE IN
I DON'T KNOW WHY HE NEEDS THAT SIGN THERE.
[02:30:01]
DO WE WANNA ASK THEM TO, UH, REMOVE IT OR TO PUT IT LIKE AS, UH, WE FOUND ON THE OTHER BUILDING WHERE IT WAS ON THE COLONEL SIGN.UM, A DIFFERENT, MAYBE WE'LL FIND OUT WHY HE WANTS IT HERE.
IF THIS IS A NEW BRANDING OF, UM, YOU KNOW, IT'S GONNA BE, SO THE ONE THAT'S ANNOUNCED FOR CURRENTLY IS JUST THE BIG COLONEL SANDERS FACE.
AND WOULDN'T HAVE ROOM TO PUT WORLD FAMOUS CHICKEN UNDERNEATH IT.
AND I'M THINKING THAT HE WANTS TO PUT THAT TO THE LEFT OF THAT EXISTING SIGN SO THAT IT'S, YOU CAN SEE IT MORE GOING NORTH DOWN ON SAWMILL RIVER ROAD.
YOU'RE NOT, YOU'RE NOT, YOU'RE NOT, YOU'RE NOT GONNA BE ABLE TO TELL IT'S K F C RIGHT THERE.
WELL, AND IT'S NOT ILLUMINATED THOUGH, LOU, THAT'S THE THING.
SO THAT, HOW MUCH, HOW VISIBLE IS THAT GOING TO BE? IT LOOKED LIKE IT WAS BLACK LETTERS ON A DARK BACKGROUND.
I MEAN, I COULD BE WRONG, BUT THE WAY IT WAS SHOWN.
UM, GUESS FIND OUT WHICH SIGNS YOU REALLY NEED.
YOU KNOW, THE ONES THAT WERE THERE BEFORE.
I DON'T HAVE A PROBLEM WITH THOSE.
BUT I, I MAY, MAYBE I MISSED HOW HE EXPLAINED THE NEED FOR THIS ONE, BUT I DON'T THINK WE ASKED.
I DON'T THINK WE ASKED AND WASN'T, SO THERE'S A PICTURE THAT SHOWS IT.
UM, SEE THIS, IF IT, WAIT, WAIT.
LET ME CHANGE THE, UH, IT'S BLURRY.
AND THEN HE SHOWED A PICTURE OF THE WALL FROM THAT SAME VIEW, BUT WITH THE RETAINING WALL THERE.
AND THE, THE RED ARROW POINTING TO THE KERNEL.
AND TO THE RIGHT TO THE LEFT IS WIDE OPEN.
BUT IF IT'S JUST SO, YOU KNOW, MY, MY INITIAL CONTENTION WAS THAT PEOPLE GO THERE BECAUSE THEY KNOW IT'S THERE.
PEOPLE WHO LIKE COLONEL SANDERS, KENTUCKY FRIED CHICKEN KNOWS WHERE THEIR NEAREST LOCATION IS.
AND EVEN WITH THE, UM, MOVIE THEATER BEING DEMOLISHED, UM, THE, UM, SALES VOLUME DID NOT DIMINISH DRASTICALLY.
HE DID SAY THAT PART OF THAT WAS BECAUSE OF THE PANDEMIC AND THEIR INCREASE IN UBER SALES AND SO AND SO FORTH.
BUT I MEAN, IF YOU WANNA GO TO COLONEL SANDERS IN ELFORD, YOU KNOW WHERE GO.
AND WE DON'T BY THE, BY THE WAY, ALL THAT MAY CHANGE WHEN SHOPRITE OPENS BECAUSE THEY SELL ROTISSERIE CHICKEN AND THEY MAY HAVE, UH, PREPARED CHICKENS IN THERE WHEN THEY OPEN.
SO THAT MAY CUT INTO, THAT MAY CUT INTO K F C SALES.
THERE, THERE, THERE'S NO SUBSTITUTING COMPETITOR
I MEAN, STOP AND CHOP
SAMS CLUB PROBABLY HAVE TO REMEMBER.
I, I WANNA, I WANNA FIND OUT WHY HE WANTS THAT SIGNED THERE.
AND IF YOU'RE GONNA ADJOURN, I'LL TAKE, I'LL TAKE A LOOK AT THE SECTIONS THAT WERE RAISED IN THAT LETTER.
UH, 22, 23 DRIVEWAY, 35 TAYLOR ROAD.
UM, YEAH, I'M TRYING TO, OKAY.
[02:35:01]
HAS BEEN THERE SINCE WHEN? 2000 AND ABOUT TWO, SOMETHING LIKE THAT.BASICALLY HE'S LEGALIZING SOMETHING THAT ALREADY EXISTS.
WHICH YOU CAN'T SEE FROM THE STREET.
UH, ZONE WITH LOTS OF ROOM AROUND HIM.
UM, AND HE SAYS YOU NEEDED TO DO A U-TURN.
LOU, YOU CAN'T DO A U-TURN WITHOUT IT.
THAT LITTLE, THAT LITTLE SPACE TO THE SIDE FROM ONE OF THE PICTURES HE SHOWED.
BUT IT LOOKS TO ME THAT HE PROBABLY COULD, AND IT MIGHT BE A LITTLE, UH, DIFFICULT WITHOUT OF IT A TURNAROUND.
BUT THEN HE SHOWS A PICTURE OF HIS CAR PARKED IN THAT SPOT THAT YOU WOULD WANT TO USE TO MAKE THE TURNAROUND
SO IT'S, IS IT FOR THE TURNAROUND OR IS IT FOR ADDITIONAL PARKING? THAT I, THAT I DON'T KNOW.
'CAUSE IT LOOKS LIKE WHY DRIVEWAY? THAT I'M NOT SURE THAT IT MAKES ANY SIGNIFICANT DIFFERENCE.
UM, I DON'T SEE ANY REASON TO HAVE HIM TEAR IT OUT, UM, AS HE TRIES TO LEGALIZE IT.
WHAT ABOUT THE PIECE UP FRONT? THERE WERE TWO.
THERE WAS THAT LITTLE GAR GARBAGE CAN ALCOVE THAT HE SAID WAS THERE SINCE 1947.
WELL, ANTHONY WAS SAYING THAT HE WAS GOING TO, UM, TRY AND SEE IF THERE WAS ANYTHING THAT INDICATED IT THERE.
CAN YOU REFRESH MY MEMORY ON THAT, ANTHONY? WELL, I TOLD HIM IF HE HAD DOCUMENTATION THAT EXISTED FROM BACK THEN, HE WOULD'VE TO PROVIDE IT TO ME THE SURVEY WITH A DATE.
AND THEN WE WOULD REMOVE IT FROM THE, YOU KNOW, THIS APPLICATION BEFORE THE BOARD.
UH, KEEP IN MIND THAT AREA IN THE FRONT, IT'S ONLY TWO POINT 16 FEET OVER.
HE SHOWED YOU ON THE, ON THE PLAN.
IT'S A SLIVER OF IT THAT'S OVER THE WEST THERE.
SO, RELATIVELY SPEAKING, IT'S INSIGNIFICANT.
THEY SAID YOU MIGHT BE ABLE TO PARK A CAR THERE, BUT YOU'D HAVE TO GET RID OF SOME OF THE BRANCHES AND BUSHES THAT ARE THERE.
AND IT WOULD'VE TO BE A SMART BY SMART FOR TWO CAR, YOU'D HAVE TO BE A WHAT? SMART CAR.
DOES ANYBODY WANT TO WRITE IT UP? NO VOLUNTEERS.
YOU COULD JUST DO THE MOTION AND THEN IF YOU WANNA DO THE FINDINGS.
WELL THAT, THAT'S, THAT'S FINE.
BECAUSE THAT, THAT WORKED OUT REALLY WELL.
'CAUSE I WAS ABLE TO DO A MUCH BETTER FINDINGS.
IT WASN'T UNDER PRESSURE TO JUST PUT STUFF DOWN.
SO WE'LL JUST DO THE MOTION AND THEN WE'LL READ THE, WE WILL DO THE FINDINGS.
IT POSSIBLE TO MAKE THAT OUR STANDARD PROCEDURE NOW TO DO THE FINDINGS AND BECAUSE IT ACTUALLY WORKED OUT SO MUCH BETTER GIVEN TO DEBBIE.
WELL, EXCEPT THAT A LOT OF PEOPLE WOULD LIKE TO HEAR THE FINDINGS AND THE, WHEN IT'S ANNOUNCED AND, UH, TRADITIONALLY IT'S BEEN DONE IN ONE.
AND WE CAN JUST DISCUSS IT ANOTHER TIME.
WE'LL DISCUSS IT WHEN THE CHAIR IS BACK.
UM, ALRIGHT, SO NEXT 1, 22, 24.
THIS IS THE OTHER SIGN, SHOPRITE SIGN.
OH, I'M DEFINITELY OKAY WITH THAT.
I MEAN, HE DID EVERYTHING UNDER THE SUN TO TRY AND MINIMIZE THE SIZE OF THE SIGNS AND THAT BASICALLY IT'S JUST A MATTER OF THE NUMBER OF WALL SIGNS, ALL OF WHICH WERE WITHIN THE FOUR FEET, EXCEPT FOR THAT ONE THAT HAS THE BOTTOM OF THE P THAT EXTENDS BELOW
[02:40:01]
OR BEYOND THE FOUR FOOT HEIGHT.ALRIGHT, LOU, I'LL TAKE THE ONE BEFORE AND YOU CAN TAKE THE STEIN ONE.
SO ROWAN, YOU'RE GONNA DO NUMBER, UH, I HAVE A QUESTION ABOUT THE SHOPRITE.
WHY, WHY, WHY DO THEY NEED THAT? WHAT DOES, WHAT DOES THE NORTH ELEVATION SIGN LOOK OUT ON? WHAT IS THERE, WHAT'S THE PURPOSE OF THE SIGN FACING THE NORTH? WHAT'S THERE? I KNEW FOR IT TO BE THERE.
THE ADDITIONAL SIGN IS A SIGN THAT IS ON THE NORTH ELEVATION.
I AM NOT THAT FAMILIAR WITH THE SITE.
YOU WOULD PROBABLY SEE IT COMING SOUTH ON SOOMO RIVER ROAD.
REALLY? YOU WERE COMING SOUTH ON SOOMO RIVER ROAD.
I GUESS YOU WOULD POSSIBLY SEE THAT SIDE.
WELL, HOW FAR BACK FROM THE SOUL MILL RIVER ROAD IS THAT SIGN? IT'S GOTTA BE 700 FEET WEST, EAST.
I ONLY THAT IT'S ON A RAISED ELEVATION, BUT I'M, I'M I, OKAY, NOW I'M TRYING TO REMEMBER, WAS THAT THE ONE WHERE HE SAID IT WAS JUST A FOUR FOOT CIRCLE? YES.
LIKE A, LIKE A LITTLE BIT? YEP.
NO, IF, IF YOU NEED CLARIFICATION, ADJOURN FOR NEXT MONTH.
I'LL TAKE, I'LL TAKE, I JUST ASKED THE QUESTION.
I'M TRYING TO GET A PICTURE OF IT.
WHAT'S ON THE PROPERTY, ANTHONY, OR, OR GARRETT? THAT ADJOINS THAT.
THE, THE, LET'S SEE THE SITE FROM THE NORTH ARM IN BUILDINGS.
OH, HERE IT'S IS, IT'S ACROSS FROM SAM'S CLUB.
THAT'S WHAT WE'RE LOOKING, RIGHT? YES.
I'LL SHARE, I'LL SHARE SCREEN.
IT'S, UM, IT, IT, IT'S, IT'S, IT'S, IT'S A MULTI-FAMILY HOUSING AND THEN, UH, PARK AT A HIGHER ELEVATION.
SO, UM, THIS IS DATED, UM, THIS, THIS IMAGE, THIS WILL BE UPDATED SOON, HOPEFULLY.
UH, THIS IS THE OLD MOVIE THEATER, BUT THE KFC'S HERE AND, UM, SHOPRITE BUILDING WILL BE SOMEWHAT SIMILAR IN LOCATION.
AND SO TO, TO ANSWER YOUR QUESTION TO THE NORTH AT A HIGHER ELEVATION, LEMME SEE IF I CAN PUT ON THE, UH, CONTOURS QUICKLY HERE.
UH, YOU HAVE MULTIFAMILY HERE AND THEN YOU HAVE, UH, PARK HERE.
PLUS A SUBSTANTIAL AMOUNT OF PARKING.
IS THIS REALLY? WELL, THAT WAS A OLD MOVIE THEATER.
MIND YOU, THIS IS THE PRIOR SITE PLAN.
UM, THE SITE WILL BE GREENED UP A BIT, THE NEW SITE, UM, WITH THE ISLANDS EVERY 15 SPACES, UH, WITH LANDSCAPING AND TREES.
I'M SEEING THAT RETAINING WALL.
AND THEN THERE'S A RAMP THAT GOES A, A ROADWAY THAT GOES UP TO A HUMONGOUS AMOUNT OF PARKING.
UM, BUT THAT'S ALL TO THE SOUTH AND EAST.
SO WHAT'S TO THE NORTH LOOKS LIKE IT'S MORE THE PARKING FOR THE, UH, COLONEL SANDERS AND TACO BELL.
THINK YOUR VIEW SHEDS FOR THESE SIGNS ARE ONCE YOU'RE UP ELEVATED INTO THAT PARKING LOT.
[02:45:01]
ACTUALLY WASN'T BEING THAT FACETIOUS WHEN I TOLD HIM YOU SHOULD TAKE A LOOK AROUND THE CORNER AND TELL TURN TO THE STOP AND SHOP, WHICH WAS, WHICH HAS A A LOT OF SIGNS, WHICH WE APPROVED FAIRLY QUICKLY.SO YOU'RE TALKING ABOUT THE ONE ON ONE 19? YES.
WELL THAT, ARGUABLY THOSE SIGNS WERE VISIBLE FROM THE ROAD.
SO YOU HAVE PEOPLE WHO ARE DRIVING IN THE AREA WHO WOULD SEE IT.
HERE YOU'VE GOT BASICALLY NOTHING OTHER THAN MULTI-FAMILY WHO PRESUMABLY BECAUSE THEY LIVE NEXT DOOR TO THIS, ALREADY KNOW IT'S THERE.
I'M, I'M LOOKING AT THE ELEVATIONS ED, AND IT SAYS A PROPOSED SIDE ELEVATION NORTH.
IT DOESN'T SHOW A SIGN ON IT UNLESS IT WAS DONE THAT HE PUT ON THE SCREEN.
IT MUST HAVE BEEN WHAT HE PUT ON THE SCREEN.
AND THE, IT'S, IT'S EVEN MORE, BUT FROM WHAT HE SHOWED, IT LOOKED LIKE THE, ON THE NORTH EL OF THE NORTH ELEVATIONS, IT LOOKED LIKE THE, UH, SIGN WAS GOING TO GO FURTHER.
THE, AT THE FURTHEST POINT ON THE NORTH SIDE ELEVATION AWAY FROM THE STREET, THE NORTH.
THE NORTH ELEVATION THAT I'M LOOKING AT.
CAN YOU SPEAK UP? I'M HAVING TROUBLE HEARING YOU.
ON THE NORTH PROPOSED SIDE ELEVATION NORTH.
IT LOOKS LIKE THEY HAVE TWO LOADING DOCKS ON THE LEFT HAND SIDE.
WHERE DID YOU EVEN GET THOSE THAT YOU'RE LOOKING AT? UH, I WENT TO TOWN HALL AND PICKED UP.
GOT HI FROM THE SAME SOURCE, BUT IT'S CUT OFF.
SO DO YOU WANT TO ADJOURN IT AND ASK THEM THE QUESTION WHY THEY WANT TO SIGN ON THE NORTH ELEVATION? WELL, WHY THEY NEED A SIGN.
THE GARRETT WAS THAT, DID THAT, UH, LETTER ABOUT THE, UH, THE, UH, CODE NUMBER, DID THAT APPLY TO THIS AS WELL? I WOULD THINK IT WOULD
UM, I MEAN, DO, WELL, DOES ANYBODY
DOMINIC FANELLI, THE SCREENED IN, UH, ENCLOSED PORCH.
I PERSONALLY DON'T HAVE A PROBLEM WITH THIS ONE.
OKAY, LOU, SO I'M STILL READING THE SHOP, RIGHT? I'M OVER AGAIN, PLEASE.
[02:50:01]
I THINK I REMEMBER SEEING TWO SIGNS ON THE, UM, WEST ELEVATION.ONE THAT SPELLS OUT SHOPRITE AND THEN THE CIRCULAR LOGO.
THE CIRCULAR LOGO WAS DEFINITELY AROUND THE CORNER ON THE SIDE, ON THE NORTH SIDE.
I THINK THERE'S ONE ON THE FRONT TOO.
I BELIEVE IT WAS ON THE NORTH SIDE.
FROM THE PICTURES THAT HE SHOWED.
IT SAYS, UH, LOOKING AT THE READING IS THIS SECOND ONE SIGN, NOT FRONTING BUSINESS OR INDUSTRIAL DISTRICT ZERO PROPOSED ONE SECOND SIGN ON ELEVATION OF BEING LESSER THAN ONE AND A HALF TIMES FRONTAGE.
ONE AND SECOND SIGN ON THE NINE CORNER LEFT.
WHAT WERE YOU JUST SHOWING, ANTHONY? THAT WAS THE ONE.
THE, THE ROUND SIGN ON THE NORTH ELEVATION.
THAT'S AROUND THE CORNER, RIGHT? YES.
THE ROUND SIGN SAID NORTHEAST OR NORTHWEST?
SO WE'RE ADJOURNING THAT ONE, WHICH IS A SHAME TO ME, BUT OKAY.
IT WAS JUST ED WHO ASKED A QUESTION AS TO WHY THERE'S A
ROWAN, YOU WANNA ADJOURN IT? WE'RE BACK TO SHOPRITE ROWAN.
YOU'D LIKE TO ADJOURN THE SHOPRITE ONE.
YOU WANNA UNDERSTANDING WHETHER WE WANT TO ADJOURN IT.
YOU WERE SEEMINGLY OKAY WITH IT AND YOU WANTED TO THE UH, SO ED MADE THAT POINT, RIGHT? WHAT WE ALWAYS WANT.
SO DO YOU ACTUALLY HAVE A QUESTION ABOUT THE SIGN ON THE NORTH ELEVATION THAT ED BROUGHT UP? WHICH THE ONLY THING THAT ED ASKED WAS WHY IS THERE A NEED FOR IT ON THE NORTH ELEVATION? BECAUSE I WAS GOING TO APPROVE IT.
ROAN, ARE YOU THINKING OR ARE YOU JUST DON'T WANNA ANSWER.
I MAYBE HE'S HE BREAKING UP OR HE'S GONE.
SO DID YOU HEAR MY QUESTION? NO, NO.
I, I LOST, I LOST CONNECTION AND JUST CAME BACK.
UM, YOU WERE INITIALLY GOING TO APPROVE THIS, UM, AND YOU HAD ASKED IF YOU WANTED ME TO TAKE THIS ONE AND YOU TAKE THE C TAPE.
BUT SO WE'RE DISMISSING ED'S, ED'S, ED'S QUESTION THAT HE'S ASKING.
IT WAS ONLY BECAUSE ED ASKED THAT QUESTION THAT WE STARTED HAVING THIS DISCUSSION THAT'S LEADING TO US ADJOURNING THIS FOR ANOTHER MONTH.
AND I'M WONDERING IF THAT QUESTION IS SIGNIFICANT ENOUGH TO ADJOURN IT FOR ANOTHER MONTH.
DO YOU YOU WANNA, IF YOU WANNA A IT, THAT'S OKAY.
BUT WE, WE JUST, THEN WE HAVE TO ADJOURN IT 'CAUSE WE DON'T HAVE NO, I'M, I'M SORRY I DIDN'T, I I I LOST CONNECTION AGAIN.
I'M HAVING TERRIBLE CONNECTION MOST OF THE NIGHT.
OH, I JUST SAID THAT WE WOULD ALL THREE VOTE YES FOR THIS.
ARE REALLY STRONG ON THE ADJOURNMENT, THEN WE HAVE TO ADJOURN.
'CAUSE THERE'S ONLY FOUR OF US.
I JUST THOUGHT WE'D WANNA, UM, YOU SHOULD, YOU GUYS, YOU GUYS ARE COMFORTABLE WITH THE ISSUE THAT SRA
[02:55:01]
S RAISED? I AM.GOD, HERE I GO AGAIN WITH THE CONNECTION.
SO I STARTED WRITING DOMINIC UNLESS, OKAY,
OKAY, SO WHO WANTS TO TAKE THE SHOPRITE SIGN THEN? LOU? I'LL TAKE A OKAY.
UNLESS LOU, YOU WANNA DO THAT ONE AND I'LL DO THE OTHER ONE? I DON'T REALLY CARE.
IT WAS ROHAN, IT WAS ROWAN WHO HAD SAID, OH, LOU, YOU, YOU TAKE I STARTED WRITING DUMB JUMP.
AND I'LL TAKE THE, OKAY, SO, SO WHICH ONE DO YOU WANT? I'LL TAKE THE SHOPRITE.
OKAY, SO LOUIS WILL DO SHOPRITE AND I'M DOING, JUST TELL ME THE NUMBER THAT I'M DOING.
AND THEN, AND, AND WE CAN SEND THEM TOMORROW, RIGHT? WE'RE WE'RE GONNA DO FINDINGS TOMORROW, RIGHT? YES.
BECAUSE I HAVEN'T STARTED 'EM, OBVIOUSLY.
AND THEN ROHAN AND THEN, SO FOR THE LAST 1, 22, 25, WE'RE ALL IN AGREEMENT THAT'S APPROVED.
BEFORE, BEFORE YOU GO BACK TO SCARSDALE GOV, YOU WANNA GO BACK TO 2222 AND GRANT THAT TOO PERSONALLY? YES, BUT I'M, I'M WILLING TO
I MEAN, I WANNA KNOW WHY THEY NEED THAT, THAT SIGN THERE, ED, BUT YOU DON'T NEED IS REQUIRED AND WE'RE, WE'RE AT SEVEN.
BUT YOU DON'T NEED TO, THEY REALLY NEED PART.
YOU DON'T NEED TO KNOW THE NEEDS FOR THE, YOU DON'T NEED THE BUSINESS.
I WANNA KNOW WHY IT WASN'T EXPLAINED.
YOU DON'T NEED TO KNOW THE NEED FOR THE SECOND ONE ON, UH, ON SHOPRITE THOUGH.
AND I JUST THOUGHT IF YOU'RE, IF YOU'RE WILLING TO GIVE, UH, THAT ONE, YOU MIGHT AS WELL.
YOU MIGHT JUST AS WELL GIVE THE ONE ON.
THEY'RE ALL IN THE SAME PARKING LOT.
YEAH, BUT THEY'RE AWFUL LOT OF SIGNS GONNA GO INTO THAT SHOPPING CENTER.
YEAH, BUT THEY HAVE SOMETHING
WE'VE BEEN AVOIDING THE, THE, THE ELEPHANT IN THE ROOM.
ALRIGHT, YOU GOTTA GO BACK NOW TO, UM, SCARSDALE GOLF.
I THOUGHT WE WERE DONE FOR THE EVENING.
ALRIGHT, HOW QUICKLY YOU FORGET LUKE
SO, UM,
DO WE HAVE A UNANIMOUS AGREEMENT TO APPROVE? OH, YEAH.
THAT'S A GOOD QUESTION BECAUSE IF WE DON'T THEN WE SHOULD ADJOURN IT WHEN THERE MIGHT BE MORE BOARD MEMBERS IN SEPTEMBER.
YOU KNOW, WE DID THAT ONCE ALREADY ON THIS.
I'M SORRY, WE ALREADY DID THAT ONCE ON THIS CASE.
WHAT ARE YOUR THOUGHTS? I THINK WE SHOULD BOUNCE THIS ONE, ESPECIALLY TO SEPTEMBER WHEN WE HAVE MORE BOARD MEMBERS.
DOES ANY, WOULD ANYBODY VOTE TO GRANT? I WOULD.
YOU WOULD? WHAT ABOUT YOU DIANE? YOU'RE TALKING ABOUT SCARSDALE GOV, RIGHT? YEAH.
'CAUSE YOU WERE ON THE FENCE BEFORE, SO I DON'T KNOW IF ANYTHING'S CHANGED FOR YOU.
WELL, SHE WENT OUT TO THE SITE WITH ME.
YOU WENT OUT TO THE SITE WITH ME OR YEAH, YOU WOULD APPROVE IT.
SO HERE ARE MY CONCERNS ON THIS ONE.
UM, SO ON THE, ON THE FENCING, RIGHT? I, I'M, I AM ACTUALLY OKAY ON THE FENCING.
[03:00:01]
IT'S THE NE THEY'VE ASKED FOR IT AND IT'S A SMALL LITTLE SECTION AND WE SAW THE NETTING.YOU CAN'T EVEN SEE IT FROM A DISTANCE.
IN FACT, I TOOK PICTURES, I SHARED THEM WITH GARRETT.
UM, WHEN YOU HELD IT UP IN THE AIR, YOU COULDN'T EVEN SEE IT.
I'M CONCERNED ABOUT THE, UM, THE TENNIS ENCLOSURE.
UM, I, I THINK, YOU KNOW, 10 O'CLOCK AT NIGHT, LIKE THE LAST ONE IF THE, THE SCHEDULE COULD END UP GOING TILL 11 O'CLOCK AT NIGHT.
BUT I'M ALSO CONCERNED ABOUT THE FLOODING BECAUSE THE DRAINS ARE ONLY AS GOOD AS YOU CLEAN THEM.
AND I KNOW I HAVE DRAINS IN MY OWN HOUSE IN MY DRIVEWAY, AND IT, LIKE, YOU HAVE TO GO OUT THERE LIKE BEFORE AND DURING A STORM TO CLEAN THEM OUT OR I COULD GET POTENTIALLY FLOODING.
I SAW THE CONDITION OF THE, UM, THE AREA ALONG THE GOLF COURSE, UM, WHERE THE TREES WERE.
AND, UM, IT WASN'T EXACTLY CLEANED UP AND IT WASN'T, IT WAS IN PRETTY BAD SHAPE WITH VINES AND DEAD TREES.
SO IF THEY'RE NOT TAKING CARE OF THAT AREA, I DO HAVE CONCERNS ABOUT THE DRAINS.
UM, THAT LIKE, THAT'S MY ONLY CONCERNED IS THE FLOODING.
OTHER THAN THAT, I I ACTUALLY THINK THAT POTENTIALLY IT COULD BE A BOOM TO BUSINESS IN THE, IN THAT TRAIN STATION AREA WITH PEOPLE COMING AND GOING.
SO I I DON'T HAVE A PROBLEM WITH THAT.
UH, THAT AREA WITH THE TREES WAS ALONG THE DRIVING RANGE.
RIGHT? IT WAS A DIFFERENT AREA.
THEY ACTUALLY PURPOSEFULLY KEEP IT IN A NATURAL CONDITION.
UM, AND SO THEREFORE THEY WERE JUST TALKING ABOUT REMOVING SOME OF THE DEAD TREES.
YOU, YOU, YOU WERE THERE WHEN, WHEN THEY WERE DISCUSSING IT.
SO, UM, I, UH, I THINK I READ ALSO THAT IF THEY ARE APPROVED WITH THE TENNIS, UH, BUBBLE, THAT THERE ARE, THERE WILL BE CONDITIONS TO ENSURE THAT THEY MAINTAIN THE DRAINS SO THAT, UM, IT ALWAYS DRAINS PROPERLY.
AND ONCE THAT IS DONE, UM, THERE ACTUALLY WILL BE MITIGATING SOME OF THE FLOODING THAT'S OCCURRING THERE BECAUSE NOW THEY'LL BE CAPTURING, UM, A LOT OF THE FLOOD WATERS OR RUNOFFS FROM EITHER THE ROOF OF THE BUBBLE OR ANY OF THE OTHER IMPERVIOUS SURFACES THAT ARE THERE.
SO IT HAS TO BE A BETTERMENT TO THE FLOODING CONDITIONS THAT EXIST THERE.
UH, WILL IT IMPROVE THE FLOODING? UM, NO, BECAUSE THAT'S A WHOLE NOTHER TOWN, UM, PROJECT THAT HAS THAT, THAT'S GOING TO TAKE YEARS BEFORE THEY GET A RESOLUTION TOOL.
THE ONLY IMPORTANT THING IN MY MIND IS THAT THE, UM, RUNOFF FROM THE TENNIS COURTS IS NOT GOING TO EXACERBATE THE FLOODING AND IN FACT MAY MITIGATE IT.
SO THE ONLY THING THAT CAME TO MY MIND, WHICH WAS THE QUESTION THAT I ASKED, WAS ABOUT THE LIGHTING AT 10 O'CLOCK AT NIGHT.
UM, THE ANSWER FROM THE GUY, FROM THE CLUB, FROM THE, UH, SCARSDALE GOLF CLUB SAID THAT IT WAS, WHAT DO YOU SAY, TRANSLUCENT AND NOT TRANSPARENT.
SO THERE WASN'T OPAQUE, I'M SORRY, IT'S OPAQUE.
UM, AND THEN THE ATTORNEY, UH, RAYA SAID THAT HER ONLY CONCERN WAS THAT SHE HAD READ PREVIOUSLY THAT THEY HAD MENTIONED THERE WOULD BE A GLOW.
I'M SORRY? THERE WOULD BE WHAT? A GLOW? YEAH.
BUT, UM, SO IT'S A MATTER OF IS IT OPAQUE AND THERE WON'T BE LIGHT EMITTED FROM IT? OR IS THERE IN FACT GOING TO BE A GLOW SUCH AS A U F O TAKING OFF, UM, IN THE FIELD? YEAH, AND I, I MEAN, THE ONLY THING THAT MY CONCERN THERE IS, IS ALSO, YOU KNOW, AND NONE OF THE NEIGHBORS IN THE SURROUNDING AREA COMPLAINED.
BUT YOU KNOW, IF THEY'RE PLAYING TENNIS LATE AT NIGHT, THEY'RE GOING TO HEAR IT TOO.
BUT THOSE NEIGHBORS, I GUESS THEY FEEL THEY'RE FAR ENOUGH AWAY THAT THEY'RE NOT GONNA HEAR IT.
WELL, IF IT'S IN BUBBLE, YOU'RE NOT GONNA HEAR IT.
UM, YOU CAN CONDITION THE, UH, AS FAR AS THE LIGHT IS CONCERNED, I THINK THE ATTORNEY SAID THAT THE LAST GAME WOULD BE DURING THE WEEK AT NINE NINE, BUT THE LIGHT WOULD STAY, I, I MEAN, IT WOULD TAKE THEM AN HOUR
[03:05:01]
TO CLEAN UP.SO, WELL, NOT THE LAST, WE COULD INCLUDE THAT IN, IN, IN THE CONDITIONS AS WELL AS MAINTENANCE REQUIREMENTS.
WELL, DIDN'T THEY SAY THE LAST GAME WOULD BE SCHEDULED AT NINE AND THEN THEY COULD PLAY TILL 10 AND THEN IT WOULD TAKE AN HOUR TO CLEAN UP? OR WOULD THEY BE TOTALLY DONE BY 10? I HAD, I THINK THAT'S WHAT THEY, BUT IT WAS, UM, UNTIL NINE O'CLOCK, UM, ON THE WEEKEND AND 10 O'CLOCK.
NO, THAT'S NOT WHAT DIANE IS ASKING.
WERE THE, WHAT WAS THE NINE O'CLOCK AND WHAT WAS THE 10? WAS IT THE LAST GAME ENDS AT 10 OR ENDS AT NINE? YEAH, THE LAST SCHEDULED LIKE TIME WAS NINE.
I THINK WE GO IN LIKE HOUR INCREMENTS.
IAN, WHAT DO YOU THINK ON THIS ONE? UM, I WAS FOR IT THE FIRST TIME, RIGHT? YEAH, I'M STILL, I'M STILL FOR IT, BUT, BUT I STILL THINK WE SHOULD PROBABLY BALANCE IT TO WHEN WE HAVE A FULL BOARD, YOU KNOW, OTHER, WE NEVER HAVE A FULL BOARD
UM, DON'T WORRY ABOUT THE FULL BOARD.
WHY, HOW ARE YOU, WHAT ARE YOU ON? WHERE ARE YOU? I, AS I SAID, I WAS FOR BEFORE AND I'M STILL FOR IT.
SEAN SEANNA MAY HAVE A DIFFERENT VIEW, BUT THAT'S NOT THE ISSUE.
NO, I, I THINK SHE WAS PULLED THE BUBBLE ALSO.
UM, YOU KNOW, AND, AND MY, MY ONLY CONCERN IS THE DRAINS HAVE TO BE CLEANED.
ISN'T THERE A WAY YOU CAN MAKE THE, HAVE THEM PUT A COVER OVER THE DRAINS SO THAT THEY CAN'T GET CLOGGED UP WITH LEAVES? DIANE? UH, JUST, UH, I'D ASK YOU TO READ THE CONDITION THAT WAS WRITTEN INTO THE OKAY.
AND SEE IF THAT SATISFIES YOU.
IF IT DOESN'T, THAT IT, I READ IT THIS AFTERNOON 'CAUSE I READ IT AFTER LOU HAD COMMENTS ALSO.
SO I, I, I READ THE DRAFT DECISION THAT ED HAD WRITTEN AND I, EXCEPT FOR THE FEW THINGS THAT WE TALKED ABOUT, ED, I WAS, I THOUGHT IT WAS VERY WELL WRITTEN AND I'M FOR IT.
I'M JUST THROWING THAT OUT THERE, UH, TO SEE WHETHER IT IS SUFFICIENT TO OVERCOME YOUR RESERVATIONS.
YEAH, I WROTE THAT AT THE TIME WHEN THE DIRECTION WAS TO, YOU KNOW, WHEN YOU HAD HAD A STRAW VOTE TO GRANT, THAT MIGHT NOT BE THE CASE ANYMORE.
I DON'T, I DIDN'T THINK WE EVER HAD A STRUGGLE, UH, VOTE TO GRANT.
WE DID LIKE THE VERY FIRST MEETING AND, BUT IT WASN'T READY, IT WASN'T READY FOR SEEKER.
I DON'T, BECAUSE IT, YEAH, SOMETHING HELD IT UP.
THAT MIGHT HAVE BEEN THE ONE MEETING I MISSED.
I THINK IT WAS, YEAH, IT WAS THE, UH, IT WAS A, IT WAS THE SECOND MEETING.
'CAUSE WE, WE ADJOURNED IT BACK TO THE FIRST MONTH WE FELT, UH, COMFORTABLE WITH, UM, APPROVING IT ON THE SECOND MONTH, BUT THEN WE COULDN'T.
AND THEN IT WENT INTO THE THIRD MONTH AND THEN WE WENT AND HAD THE, UH, HAD TO HAVE THE WHAT PUBLIC HEARING OR THE, UM, ANNOUNCEMENT.
AND THEN PEOPLE STARTED COMING OUT TO TALK ABOUT THE NETTING SPECIFICALLY AT THE DRIVING RANGE.
AND THAT HELD IT OVER ANOTHER MONTH.
BUT I THINK THAT BY TAKING OUT THE NETTING AT THE DRIVING RANGE, UM, I DON'T HAVE A PROBLEM WITH IT.
UM, A LOT OF PEOPLE IN THE NEIGHBORHOOD WERE HARPING ON THE MISCONCEPTION THAT THE NETTING WAS GOING TO BE 90 FEET HIGH, AND THAT IS NOT THE CASE.
UM, AND THEN EVEN I MADE THE MISTAKE WHEN WE WERE TALKING ABOUT THE NETTING HEIGHT ON THE 16TH GREEN, I WAS TELLING ED, OH YEAH, IT'S GONNA BE 75 FEET, NOT 90 FEET, BUT IN FACT IT'S ONLY GONNA BE NOT ONLY 90, IT'S GOING TO BE 25 FEET.
SO IT'S, THE NETTING HEIGHT IS EVEN LOWER ON THE 16TH GREEN PLUS IT'S HALF THE COURSE AWAY FROM ONE 20 OUT WEST HARSDALE ROAD.
SO I, I READ THROUGH HERE, UM, AND MY ONLY, MY ONLY, AND IT, IT IS REALLY, REALLY, REALLY WELL WORDED.
AND, UM, SO ED, THIS IS, THIS IS JUST GREAT.
MY ONLY CONCERN IS, IS THAT ON THE STORM WARN SYSTEM, IT WOULD BE INSPECTED BEFORE AND AFTER THE ENCLOSURE IS PUT UP,
[03:10:01]
BUT THEN NOT AGAIN THAT ENTIRE SEASON.IS THERE A WAY THAT WE COULD ASK FOR IT TO BE INSPECTED, LIKE AFTER IT'S BID IN USE? SO WE MAKE SURE IT'S WORKING WELL, IT DOES SAY IF THE DRAINAGE SYSTEM SHOULD FAIL TO PREVENT AN INCREASE, THEN IT CAN BE A, A NOTICE WOULD BE ISSUED AND IT WOULD BE REMOVED.
BUT IF IT'S NOT EXPECTED, HOW WOULD YOU KNOW? YOU BELIEVE ME? IF THERE, IF THERE WAS FLOODING IN THE AREA, YOU WILL KNOW.
YOU'LL KNOW FROM THE, FROM THE NEIGHBORS.
WELL THAT I'VE LIVED HERE LONG ENOUGH.
I KNOW WHAT HAPPENS DOWN THERE.
THERE THERE'S ALWAYS FLOODING.
SO YOU CAN'T REALLY DETERMINE WHETHER THE FLOODING IS FROM A TENNIS ENCLOSURE OR JUST FROM NORMAL FLOODING.
WELL, YOU CAN SEE IT POURING DOWN THE WALLS.
PART OF WHAT WAS BOTHERING ME WAS THAT THERE WAS A SENSE THAT WHEN OUR ENGINEERS REVIEWED THE DRAWINGS AND DETERMINED THAT THE, UH, AMOUNT OF DRAINAGE WITH THE CALTECH DRAINS WAS SUFFICIENT, THAT FOR SOME REASON OUR ENGINEERS ARE NOT TELLING THE TRUTH.
AND THAT FACT THEY ARE EXPECTING THE SCARSDALE COUNTRY CLUB OR GOLF CLUB TO PUT IN INADEQUATE AND INEFFICIENT DRAINAGE TO COVER THE RUNOFF FROM THE TENNIS ENCLOSURE.
AND THAT IS NOT GOING TO BE THE CASE.
SO THE ONLY THING THAT COULD BE A PROBLEM IS WHETHER IS WHEN OR IF THE DRAINS ARE NOT PROPERLY MAINTAINED SO THAT IT ALLOWS THE PROPER FILLING UP OF WATER SO THAT IT CAN FILTRATE THROUGH THE GROUND AS IT'S SUPPOSED TO.
SO THAT'S WHY ED'S COMMENT IN THERE ABOUT THE CONDITION, UM, MAKES SENSE BECAUSE YOU CAN TELL IF THE DRAINS ARE CLOGGED, THEN THE WATER ISN'T FLOWING INTO THE DRAINS PROPERLY.
THAT IS A VERY EASY THING TO IDENTIFY RIGHT AWAY.
AND THAT EVIDENTLY MEANS THAT THE, THE GOLF CLUB IS NOT MAINTAINING THE DRAIN OR ACTUALLY IT'S JUST A GRATE OVER THE DRAIN PROPERLY.
I MEAN, IT'S IN THEIR INTEREST TO MAINTAIN THE DRAINS AS WELL.
I MEAN, IT'S NOT LIKE THIS IS AN EXPENSIVE ENDEAVOR FOR THEM TO PUT UP A BUBBLE.
THEY'RE GONNA, NO, I, I, SO I, I BELIEVE THIS THE GOLF CLUB HAS, HAS GOOD INTENT, BUT IT, IT'S NOT, IT'S, BUT SOMEBODY COULD FORGET OR SOMETHING LIKE THAT.
I DON'T, I MEAN, YOU KNOW, THEY, THEY HAVE KIND, THEY HAVE, UM, HAD REALLY GOOD INTENT THROUGH THIS AND, UM, I DON'T, I DON'T DISCOUNT THEIR INTEGRITY AT ALL.
IT'S, IT'S MORE ABOUT, MY CONCERN IS THE FLOODING IS SO BAD AND THEN IT WOULD GET, IT COULD POTENTIALLY GET WORSE IF THEY'RE NOT CLEANED.
BUT, UM, YOU KNOW, GUY, IT, I MEAN I'M ON THE FENCE ON THIS ONE, SO IF YOU GUYS ARE ALL FEEL REALLY COMFORTABLE ABOUT IT AND ED IN THE WAY HE'S WRITTEN IT, UM, HAS MITIGATED MY CONCERNS.
UM, THEN I'LL GO WITH YES ON THIS ONE, RIGHT, DIANE? YEAH, YOU SHOULDN'T, I'M GONNA SAY THE SAME THING TO YOU THAT I TRIED TO SAY TO ROWAN ON THE LAST CASE.
DON'T FEEL PRESSURED TO CHANGE YOUR VOTE IF YOU ARE CON YOU HAVE CONCERNS STILL, WE'LL PUT IT OVER.
YEAH, MY CONCERN, MY CONCERN, MY, THOSE ARE, MY ONLY CONCERNS IS ON THE, IS IS IF THEY ARE CLEANED OUT PROPERLY, UM, LET'S HOLD IT OVER.
THAT DOESN'T MEAN I'M GONNA VOTE NO NEXT TIME THOUGH.
THE, UM, I THINK I HAD BROUGHT UP THE POINT A COUPLE OF MONTHS AGO THAT, UM, GOLF COURSES AND COUNTRY CLUB GOLF COURSES HAVE TEAMS OF MAINTENANCE PEOPLE WHOSE SOLE RESPONSIBILITY IS TO KEEP THOSE COUNTRY OF THOSE GOLF COURSES AND, AND THE PROPERTIES PRISTINE.
UM, BECAUSE THAT'S WHAT DRAWS MEMBERSHIP, RIGHT? YOU, YOU WANT TO GO TO A, UH, CLUB THAT YOU FEEL IS AT THE TOP OF THE LIST, RIGHT? THE BEST IN THE NEIGHBORHOOD.
[03:15:01]
THE AREAS THAT WE SAW WITH THE TREES, WITH THE, UM, UM, DEAD TREES AND STUFF LIKE THAT WAS SPECIFICALLY MEANT TO KEEP, MAKE IT LOOK LIKE A NATURAL FOREST.UM, IF WE CONDITION THAT THOSE DRAINS BE MAINTAINED OR, UM, WE REMOVE THE ABILITY TO CON TO PUT THE TENNIS ENCLOSURE UP, LET'S SAY THE FOLLOWING SEASON, UH, YOU BETTER BELIEVE THAT THEY'RE GOING TO MAINTAIN IT PROPERLY.
BUT, UM, I, I GUESS IF YOU FEEL THAT, UM, YOU, YOU NEED A LITTLE MORE TIME TO EITHER DECIDE YES OR NO OR UNTIL WE HAVE MORE MEMBERS ON, WE HAVE MORE MEMBERS ON THE BOARD NEXT MONTH.
NOW WOULD THAT BE, OH, SORRY, GO AHEAD.
DO WE WANNA, I, I MEAN IS DO WE WANNA SEPARATE THE NETS OR CAN WE FROM THE TENNIS ENCLOSURE? THE, THE, BECAUSE I, I, I DON'T HAVE A PROBLEM WITH THE NET ON THE EIGHT, WHAT IS IT, THE 18TH HOLE THAT THEY'RE ASKING FOR? 16TH GREEN.
OR YOU WANNA JUST WAIT ON THE WHOLE THING, ED? WELL, WE, WE MADE, WELL THEY'VE ALREADY, THERE ARE THREE AND NOW IF WE SEPARATE ONE, THEN THERE'LL BE, IF IT'S, IT'S UP TO YOU IF YOU WANT TO GRANT THE ONE AND THEN NO, I DON'T THINK YOU WANNA THINK ABOUT IT.
SO WOULD, UH, LET ME JUST POSE THIS QUESTION.
UM, I MEAN, DOES THE BOARD NEED MORE TESTIMONY? I, I, I DON'T KNOW IF WE'RE ON LIKE FIVE OR SIX PUBLIC HEARINGS NOW.
UM, WOULD THIS BE A CLOSED FOR DECISION? NO.
'CAUSE BUT WHAT ARE WE GONNA LEARN AND WHO AND, AND WHAT MEMBERS ARE GONNA BE HERE NEXT MONTH? UM, DO WE KNOW THAT WE'RE GONNA HAVE A QUORUM OR IS EVERYONE HERE GONNA BE THERE? I I SHOULD BE THERE.
YEAH, I SHOULD, I SHOULD BE HERE.
YEAH, YOU'LL PROBABLY GET, YOU'LL PROBABLY GET SHAUNA, SO PRESUMABLY WE'LL BE HERE TOO.
YOU WON'T NEED MY VOTE PROBABLY NEXT MONTH.
IT'S JUST, YEAH, PROBABLY NOT, BUT IT WOULD BE NICE TO HAVE HAD
UM, PLUS I THINK ED, UH, YOU, YOU NEED, MAY NEED TO HAVE TO REWORD THAT, UH, DRAFT DECISION REGARDING THE, UH, WHAT AN ADMINISTRATIVE ARREST JUDICATA.
YEAH, THAT AND THE, AND I'LL HAVE TO, I'LL, I'LL SEE WHAT I CAN COME UP WITH ON THAT.
AND ALSO WE'LL ADD THE, WE'LL GET SOME CLARIFICATION ON THE HOURS AND PUT THAT IN AS WELL.
I, I THOUGHT I WAS PRETTY CLEAR ON WHAT THEY SAID, BUT I APPARENTLY MISHEARD 'EM 'CAUSE YOU HEARD IT DIFFERENTLY.
IS THAT ALL? AND ALSO, AND ALSO BY THE WAY, YOU MIGHT WANNA ALSO FIND OUT WHAT THEY MEAN BY OPAQUE, BUT I, I THINK, YOU KNOW, YOU HAD DIFFERENT PEOPLE SAYING DIFFERENT THINGS THAT MEANT DIFFERENT THINGS.
I BELIEVE THE ATTORNEY SAID THAT YOU WOULDN'T SEE ANY LIGHT EMANATING FROM THE, FROM THE BUBBLE EXCEPT FOR THE TOP.
BUT I DON'T REMEMBER HOW WE THE SEAM USED.
WHAT DID HE SAY? I THOUGHT HE SAID LIKE THE SEAM ON THE TOP OR SOMETHING.
YEAH, THAT'S WHAT I, YEAH, I THINK WE CAN GET SOME CLARIFICATION ON THAT AS WELL FOR THE BENEFIT OF THE BOARD MEMBERS THAT ARE HESITATING ON THAT ISSUE.
I'M SORRY, I HAVEN'T WRITTEN A DAMN THING.
UM, YOU DON'T HAVE TO TONIGHT, YOU DON'T HAVE TO JUST VOTE.
WE'RE JUST DOING A MOTION, RIGHT? YES.
JUST A QUESTION WHEN WE GO BACK ON, I DON'T HAVE TO GO THROUGH THE ONES THAT WE ALREADY ADJOURNED, RIGHT? YES.
OH, THE ONES WE ALREADY ADJOURNED BEGINNING OF THE MEETING? NO, BECAUSE WE VOTED ON.
THE TWO OF THEM RIGHT THERE WAS OH YEAH.
[03:20:01]
GOOD EVENING, EVERYONE STAY WELL.OH WAIT, SO THE FIRST ONE IS ADJOURNED.
OH, I DON'T HAVE ANY OF THE SEEKER STUFF.
KAREN, YOU GOT A, CAN YOU THREE DECISIONS, RIGHT? TWO SEVEN, UH, FINALE SIEGEL AND, UM, SHOPRITE? YEAH.
YEAH, THEY'RE, THEY'RE ALL TYPE TWO ACTIONS REQUIRING NO FURTHER SEEKER REVIEW.
WHO'S DOING THE SHOPRITE? I AM.
DO YOU WANNA, I'M JUST THROWING THAT OUT.
YOU MAY WANT TO BECAUSE IT'S FACING, UH, RESIDENTIAL.
YOU MAY WANNA PUT IN SOME HOURS.
NO, I, YEAH, MOTION AND CONDITIONS.
YOU DO THE MOTION AND CONDITIONS, THE FINDINGS ARE DIFFERENT.
SO DO YOU WANT TO PUT IN, I'M JUST ASKING THE FOUR OF YOU, DO YOU WANNA PUT IN LIKE, LIMITATIONS ON HOW LATE IT CAN BE ILLUMINATED? THE SIGN OR HOW LONG SHOT THE SIGN OPEN THE SIGN, BASICALLY THE SIGN ON THE NORTH, THE SIGN ON THE NORTH ELEVATION FACING THE MULTIFAMILY DEVELOPMENT.
DID WE DO THAT? I DON'T THINK SO.
IT'S, I'M SORRY, ED, WHAT WAS THE, WHAT WAS THE QUESTION, ED? THE QUESTION IS WHETHER THEY WANT TO PUT IN A CONDITION AS TO THE HOURS OF ILLUMINATION OF THE NORTH FACING SIGN THAT FACES A RESIDENTIAL DISTRICT.
YEAH, THAT'S A GOOD, GOOD POINT.
UM, WHAT, WHAT DID YOU A SUGGESTED TIME? 10.
AND I THINK THAT THAT'S, THAT'S A GOOD, GOOD CONSIDERATION.
UM, DOES IT CHANGE YOUR VOTE? NO, I'M JUST ON THE WEST ELEVATION FROM THE BUILDING.
THE VARIANCE REQUESTED IS VERY SMALL.
IT'S CONSEQUE INCONSEQUENTIAL.
THE SIGN WILL NOT BE VISIBLE FROM SUN OVER ROAD ON THE NORTH ELEVATION, THE MEDALLION, THAT'S WHAT THEY CALL IT.
THE MEDALLION WE ARE ASKING FOR AT FOUR FEET DIAMETER IS SMALL AND WILL MATCH THE SIZE OF THE MEDALLIONS ON THE FRONT OF THE BUILDING FOR A PLEASANT, BALANCED LOOK TO THE OVERALL ATTRACTIVENESS OF THE BUILDING.
SO THAT CONFIRMED THAT YES, THERE IS A MEDALLION ON THE NORTH ELEVATION.
RIGHT? THE QUESTION IS WHAT'S THEIR NEED FOR IT FOR, BUT THAT'S NEITHER END OF THERE.
YOU'VE ALREADY, I'M NOT GONNA BEAT THE DEAD HORSE HERE, BUT THE QUESTION IS IMPACT DESIGN IS FOR A PLEASANT, BALANCED LOOK TO THE ALL OVERALL ATTRACTIVENESS.
SO THE BUILDING, OH BOY, I CAN'T SEE, YOU CAN'T SEE THE ONE WITH IT WITH, AT THE SAME TIME YOU SEE THE OTHERS SPOKEN LIKE A TRUE LAWYER, NOT LIKE AN ARCHITECT OR DESIGNER WITNESS.
AND YOU CAME UP WITH THESE NEW, THIS NEW DECISION FORM.
I MEAN I, YOU KNOW, I MISSED A, UH, NEEDING OR TWO OR THREE.
YES, THAT DID, DID THAT, THAT CAME UP WITH THAT SEVERAL MONTHS AGO.
I GAVE NO, IT, IT'S, IT'S NOT YOUR FAULT.
I THINK IT JUST DIDN'T GO OUT TO THAT'S ALL RIGHT.
[03:25:01]
THE WHOLE THING, BUT I JUST READ IT THE WAY WE NORMALLY READ IT.YOU'RE JUST DOING THE MOTION TONIGHT.
WE'RE JUST DOING THE MOTION AND THE, AND THE CONDITIONS.
ALRIGHT, SO ON THE, ON THE ONE I'M DOING FOR THE MOTION, THERE'S NO DATE ON THE PLANS THAT I HAVE.
UM, SHOULD I YOU HAVE IT? UM, DIANE, WHICH, UM, WHICH, WHICH PROJECT IS THAT? 20 22 23.
AND, AND JARED, I'LL TAKE THE DATE ALSO OF THE, THE PLAN ON 2225.
WELL, THERE ISN'T ONE ON THE SHOPRITE EITHER.
I WAS JUST GONNA SAY DATE RECEIVED, UH, AT THE TOWN OF GREENBERG, JULY 13TH.
WE'LL, WE'LL FILL, WE'LL WE'LL FILL THAT IN LATER.
YOU MEAN YOU HAVE THE DATE THAT IT'S RECEIVED? YES, YES.
SO IN ORDER FOR, TO SET A TIME FOR HOW LONG THAT MEDALLION ON THE NORTH ELEVATION SHOULD BE ILLUMINATED, WOULDN'T THAT BE DETERMINED BY HOW LATE THE STORE IS OPEN OR WHEN IT CLOSES? EXCEPT THAT THE ENTRANCE TO THE STORE IS NOT ON THAT SIDE WHERE THE, WHERE THE EMBLEM IS, I DON'T BELIEVE, I DON'T THINK THERE'S AN ENTRANCE ON THE NORTH THAT'S ONLY ON THE WEST.
THERE'S JUST A LOADING DOCK THAT I SEE ON THE NORTH.
SO I THINK THAT MEDALLION IS MORE TO THE SHOOT WEST SIDE OF THE NORTH ELEVATION.
I THINK IT IS TOWARDS THE WEST SIDE OF THE NORTH ELEVATION.
SO, SO SHOULD WE CONDITION THAT WITH A TIME WHEN THAT NEEDS TO BE TURNED OFF? AND IS ANYBODY, YOU MIGHT AS WELL THINK IT'S A SIMILAR RATIONALE TO THE TENNIS, UH, BUBBLE THAT, YOU KNOW, IF, IF IT DOES ILLUMINATE TOWARDS RESIDENCES, UM, YOU KNOW, TO HAVE A CUTOFF TIME.
YEAH, THAT'S WHAT I WAS TALKING ABOUT.
I WAS TALKING ABOUT THE, THE NORTH SIDE.
I WASN'T TALKING ABOUT THE THE WEST SIDE.
YOU, AS FAR AS I'M CONCERNED, COULD STAY ON BECAUSE
SORRY, ROHAN, DID YOU NEED A DATE RECEIVED ON YOUR PLANS? YES.
AND I, UH, WHICH NUMBER WAS THAT AGAIN? UH, 22, 25.
I'LL BE RIGHT THERE WITH THAT.
SO I HAVE TO TELL YOU GUYS, THERE IS SOME KIND OF A ROCK CONCERT GOING ON IN SCARSDALE ON THE OTHER SIDE OF THE BRONX RIVER.
IT SOUNDS LIKE IT'S IN MY BACKYARD AND IT'S BEEN GOING ON ALL NIGHT LONG.
ARE THEY ANY GOOD? YEAH, BUT IT IS A VERY DISTRACTING
CAN YOU OPEN YOUR WINDOWS? WE CAN HEAR TOO.
IF I OPEN MY WINDOWS, WE CAN ABSOLUTELY HEAR, BECAUSE I CAN HEAR IT WITH EVERYTHING WORSE.
I TOOK THAT GUESS THE DATE STAMP.
I LIVE IN BEACON ACROSS THE RIVERS, NEWBURGH, AND THEY HAVE A, UH, BUSTLING RIVER FRONT.
THEY HAVE, THEY HAVE BANDS PLAY IN THE WATER.
THE, THE, THE SOUND BOUNCES ACROSS THE HUDSON TWO MILES.
AND I LIVE LIKE A MILE AND A HALF OFF THE HUDSON.
AND IT'S LIKE, YOU CAN HEAR THE BASELINE AS CLEAR AS DAY AT LIKE MIDNIGHT EVERY WEEKEND.
SOUNDS, SOUNDS LIKE GARRETT IS GETTING READY TO MOVE TO GREENBURG FOR THE QUIET
[03:30:30]
UM, UH, SO WHAT TIME SHOULD I HAVE THIS SIGN BE TURNED OFF? THE MEDALLION TURNED OFF.10:10 PM UNLESS YOU PEOPLE THINK IT SHOULD BE EARLIER.
THERE'S NO, THERE'S NO FUNCTION TO IT IN TERMS OF ILLUMINATING AN ENTRANCE.
AND IT'S ONLY A FOUR FOOT DIAMETER MEDALLION, WHICH IS NOT LIKE A HUGE LIGHT EMITTER.
I'M WONDERING WHETHER YOU WANT TO MAKE IT EARLIER OR, WELL, IT WOULDN'T BE LATER, I GUESS ON THE WEEKEND.
I DON'T KNOW IF YOU WANT TO, I KNOW THAT THE GOLF COURSE SAID, UM, AN HOUR EARLIER ON SATURDAY AND SUNDAY, I BELIEVE.
I DON'T KNOW IF THAT'S ANY GUIDE.
ALMOST
OH, I, I DIDN'T START UNTIL JUST A FEW MINUTES AGO.
NOT SOME OF MY BEST WORK, BUT IT, IT'LL WORK.
AS LONG AS DEBBIE'S GOOD TO GO.
SO, UH, GEORGE, WE'RE LIVE AND, UM, YEAH, WE CAN, WE CAN, UH, BEGIN.
IS ED STILL HERE? OH YEAH, THERE HE IS.
UM, OKAY, WE'RE BACK ON THE RECORD.
UH, WE'VE COMPLETED OUR DELIBERATIONS.
SO WE'LL START WITH THE, UH, FIRST CASE, CASE NUMBER, 2126 BLOOM ENERGY CORPORATION.
UH, THAT HAS BEEN ADJOURNED TO THE MEETING OF SEPTEMBER 15TH FOR ALL PURPOSES TO THE MEETING OF SEPTEMBER 15TH.
UH, THE NEXT, UH, CASE ON OUR AGENDA, CASE NUMBER 2208 SCARSDALE GOLF CLUB HAS ALSO BEEN ADJOURNED FOR ALL PURPOSES TO THE MEETING OF SEPTEMBER 15TH.
UH, THE FOLLOWING CASE, 2216 RENARD SELF STORAGE L L C, UH, IS CLOSED FOR DECISION ONLY TO SEPTEMBER 15TH TO SEPTEMBER 15TH.
HAVE I BEEN SAYING 15TH? I THINK SO, YEAH.
UM, CASE NUMBER 2222, UM, HAS ALSO BEEN
[03:35:01]
ADJOURNED TO THE MEET FOR ALL PURPOSES TO THE MEETING OF SEPTEMBER 15TH.UM, AND THEN CASE NUMBER 2223, UM, WHEREAS THE GREENBERG Z B A HAS DETERMINED THAT THIS IS A TYPE TWO ACTION REQUIRING NO FURTHER SEEKER CONSIDERATION.
DO I HAVE A SECOND? IS THAT ALL? UM, SECOND.
DO WE HAVE A MOTION? UH, THIS IS ME, RIGHT? 2223? YES.
UH, YES, I MOVE THAT THE APPLICATION IN CASE 2223 BE GRANTED PROVIDED THAT THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILE, SAME WITH THE BUILDING DEPARTMENT.
CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLAN STATED 6 17 20 22 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 MODIFICATIONS, UH, DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
THE VARIANCES BEING GRANTED ARE FOR IMPROVEMENT 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, HOLD ON.
OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
UH, DUE TO THE LATENESS OF THE HOUR WHERE YOU'RE GOING TO, UM, DO THE FIND, READ THE FINDINGS, PUT THE FINDINGS IN THE FINDINGS WILL BE FILED.
THE, THE FINDINGS WILL BE FILED IN THE OFFICE TO THE CLERK OF THE ZONING BOARD AND WILL THEN BE MADE AVAILABLE TO THE PUBLIC.
UM, WHEREAS GREENBERG'S E B A HAS REVIEWED THE APPLICATION AND HAS DETERMINED THAT THIS IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
DO YOU HAVE A MOTION? UM, YES I DO.
UM, I MOVE THAT THE APPLICATION IN CASE NUMBER 2224 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE, SAME WITH THE BILLING DEPARTMENT.
THAT 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 DATE RECEIVED JULY 13TH, 2022 TO THE, UH, UH, UH, Z B A UH, ZONING BOARD OF APPROVALS SUBMITTED IN SUPPORT OF THIS APPLICATION.
OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN AND THAT THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN 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.
BUT THE FOLLOWING CONDITION SHALL BE INCLUDED IN THIS VARIANCE APPROVAL AND THAT IS THAT THE ILLUMINATED MEDALLION LOCATED ON A NORTH ELEVATION FACING THE ADJACENT RESIDENTIAL PROPERTIES SHALL BE TURNED OFF AT 10:00 PM EVERY EVENING SEVEN DAYS A WEEK.
SAME THING WITH THE FINDINGS THAT WAS SAID BEFORE.
UM, UH, ALL RIGHT THEN THE LAST ONE, UH, WHERE IS THE,
[03:40:01]
I'M SORRY, CASE NUMBER 2225.WHEREAS THE GREENBERG Z B A HAS REVIEWED THE APPLICATION AND HAS DETERMINED THAT THIS IS A TYPE TWO ACTION REQUIRING NO FURTHER STICKER CONSIDERATION.
WHAT HAPPENED TO, DO WE HAVE A MOTION? WHAT, WHAT HAPPENS TO YE YES.
I MOVED THAT THE A I MOVED THAT THE APPLICATION IN CASE NUMBER 2225 BE GRANTED PROVIDED THAT THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILED SAME WITH THE BUILDING DEPARTMENT.
CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OFF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED JULY 15TH, 2022, SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BORDER AGENCY AND OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN THE VARIANCE BEING GRANTED, THE VARIANCE BEING GRANTED.
THIS FOR THE IMPROVEMENT SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION ONLY.
ANY FUTURE ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
AND SAME THING WITH THE FINDINGS THAT WILL BE PUT INTO THE RECORD AND MADE AVAILABLE
AND WITH THAT WE CONCLUDE TONIGHT'S MEETING OF THE ZONING BOARD OF APPEALS.
EVERYONE