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GOOD EVENING ALL.[TOWN OF GREENBURGH PLANNING BOARD AGENDA WEDNESDAY, September 7, 2022 – 7:00 P.M. Meetings of the Planning Board will be adjourned at 10:00 p.m.]
ZONING BOARD OF APPEALS FOR THE TOWN OF GREENBURG, AND TODAY IS SEPTEMBER 15TH, 2022.THE MEETING OF THE ZONING BOARD OF APPEALS FOR THE TOWN WILL NOW COME TO ORDER.
WE HAVE FIVE CASES THAT WERE LISTED ON THE AGENDA THAT IS STILL ONLINE.
HOWEVER, MY UNDERSTANDING IS THAT, WELL, I'LL, I'LL EXPLAIN THAT LATER.
UM, PLEASE NOTE THAT OUR NEXT MEET REGULAR MEETING IS ON THURSDAY, OCTOBER THE 10TH.
WE HAVE SEVERAL CASES, I'M SORRY, CASE 2216.
RENARD SELF STORAGE HAS BEEN CLOSED FOR DECISION ONLY, AND THE CASE OF 2226 LEWIS MASTERS HOLDINGS, UH, HAD REQUESTED TO WITHDRAW.
SO THAT LEAVES US WITH ESSENTIALLY THREE CASES TO HEAR THIS EVENING.
IF WE CANNOT COMPLETE THE HEARING OF ANY CASE TONIGHT, IT WILL BE ADJOURNED TO ANOTHER MEETING TO HOPEFULLY BE COMPLETED AT THAT TIME.
ALSO, AS IS USUAL TO SAVE TIME, WE WILL WAIVE THE READING OF THE PROPERTY LOCATION AND THE RELIEF SOUGHT FOR EACH CASE.
HOWEVER, THE REPORTER WILL INSERT THIS INFORMATION IN THE RECORD.
THIS INFORMATION ALSO APPEARS IN THE AGENDA FOR THIS EVENING'S MEETING.
AFTER THE PUBLIC HEARING OF TONIGHT'S CASES, THE BOARD WILL MEET IN THE, ON THIS TABLE IN FRONT OF ME SO THAT, UH, WE CAN, UH, ACCOMMODATE ONE OF OUR, OUR BOARD MEMBERS WHO IS UNABLE TO BE PHYSICALLY PRESENT HERE THIS EVENING.
EVERYONE IS OBVIOUSLY ABLE TO LISTEN TO OUR DELIBERATIONS AT THAT TIME, BUT YOU'RE NOT ALLOWED TO PARTICIPATE OR COMMENT AT ALL AFTER OUR DELIBERATIONS.
WE THEN COME BACK ON THE FORMAL RECORD TO ANNOUNCE WHAT DECISIONS, IF ANY, WE HAVE MADE TO THE COMMUNITY.
IF YOU'RE GOING TO SPEAK TONIGHT, COME UP TO THE MICROPHONE, CLEARLY STATE YOUR NAME AND ADDRESS, OR YOUR PROFESSIONAL AFFILIATION.
IF YOU'RE NOT A NAMED APPLICANT, PLEASE SPELL YOUR NAME AND YOUR AFFILIATION WITH THE CASE.
UH, WE HAVE HEARD TESTIMONY ON SOME OF THESE PROCEEDINGS EARLIER, AND THEREFORE THAT IS IN THE RECORD AND IS NOT TO BE REPEATED.
AND TONIGHT'S FIRST CASE TO BE HEARD IS CASE 2116 BLOOM ENERGY CORPORATION, 1 51 SOUTH FULTON, WHITE PLAINS.
AND MADAM CHAIR, IF WE COULD, UM, START WITH ROLL CALL.
AND FOR THE RECORD, ROHAN HARRISON.
WILLIAM BLAND AND DIANE OBERLY ARE NOT PRESENT.
GOOD EVENING CHAIRWOMAN MEMBERS OF THE BOARD.
I'M AN ASSOCIATE AT DELBELLO DANELLE AND WEINGART AND WISE IN WHITAKER HERE TONIGHT ON BEHALF OF BLOOM ENERGY CORPORATION.
AND THEIR APPLICATION FOR AN AREA VARIANCE IN CONNECTION WITH THE DEVELOPMENT OF SIX NATURAL GAS CLEAN FUEL CELL ENERGY SERVERS ON THE PROPERTY LOCATED AT 1 51 SOUTH FULTON AVENUE.
UM, THIS IS THE LOCATION OF THE ALTICE FACILITY, AND THESE FUEL CELLS WILL PROVIDE APPROXIMATELY 1500 KILOWATTS OF BASELOAD POWER TO THE ALTICE FACILITY.
AND, UM, WE WERE HERE BEFORE YOU, UH, LAST MONTH AND WE GAVE A FULL PRESENTATION.
I'M HAPPY TO GO THROUGH THAT AGAIN IF YOU FEEL THAT'S NECESSARY, BUT I DEFER TO YOU.
NO, IF IT'S IN THE RECORD, WE'VE ALL BEEN ACQUAINTED WITH WHAT YOU'VE PRESENTED.
IF THERE'S ANYTHING NEW YOU WISH TO ADD, CERTAINLY FEEL FREE TO DO SO.
NO, I, WE SAID EVERYTHING WE NEEDED TO SAY LAST MONTH, SO WE'RE ALL SET.
ANYONE IN THE AUDIENCE WISH TO COMMENT ON THIS MATTER? ALL RIGHT.
AND I JUST WANT TO ENSURE THAT THERE'S, UH, NO ONE ON THE ZOOM THAT INTENDS TO SPEAK.
IF YOU DO, UM, PLEASE UNMUTE YOUR MIC AND SPEAK AT THIS TIME.
MADAM CHAIR, I THINK WE'RE OKAY TO PROCEED.
THEN WE WILL DELIBERATE WITH RESPECT TO THAT APPLICATION THIS EVENING AND MOVE ON TO THE NEXT CASE THAT WE HAVE ON, WHICH IS CASE 2208 SCARSDALE GOLF CLUB.
AND I WOULD NOTE THAT AS PART OF THE APPLICATION BEFORE US FROM SCARSDALE GOLF CLUB, THE APPLICATION FOR THE DRIVING RANGE NETTING HAS BEEN WITHDRAWN.
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THE RECORD.I'M, UH, WITH THE LAW FIRM OF MCCULLOUGH, GOLDBERGER AND STOUT WITH ME TONIGHT ARE WILLIAM MENARD AND MATT SEVERINO FROM THE GOLF CLUB.
AND ZACH PEARSON, OUR CIVIL ENGINEER FROM INSIGHT ENGINEERING.
UH, I KNOW YOU THE BOARD ARE ALL VERY FAMILIAR WITH THE APPLICATION.
WE'RE PROPOSING A TENNIS ENCLOSURE SEASONALLY OVER TWO OF THE EXISTING TENNIS COURTS WITH SOME ASSOCIATED IMPROVEMENTS AS WELL AS SOME SAFETY NETTING, UH, ALONG THE 16TH GREEN.
AS THE CHAIR NOTED, THE NETTING THAT WAS PREVIOUSLY PROPOSED ALONG THE DRIVING RANGE IS NO LONGER PROPOSED.
THAT PORTION OF THE APPLICATION HAS BEEN WITHDRAWN.
UH, SO WE LAST APPEARED BEFORE YOU LAST MONTH, AND WE SUBMITTED, UH, SOME RESPONSES TO YOUR QUESTIONS THAT YOU HAD RAISED.
UH, IN ADDITION TO THAT LETTER, UH, THERE ARE JUST A FEW ITEMS THAT WE'D LIKE TO BRIEFLY REITERATE FOR THE BOARD AND AND FOR THE PUBLIC, UH, AS WE FEEL THEY ARE IMPORTANT FOR THE RECORD.
UH, SO WITH REGARD TO VISIBILITY, WE WANT TO EMPHASIZE THAT THE PROPOSED ENCLOSURE DOES NOT ABUT ANY RESIDENTIAL BUILDINGS AND HAS BEEN LOCATED OVER THE LOWER EXISTING COURTS AT THE FARTHEST FEASIBLE POINT FROM ANY RESIDENTIAL STRUCTURE.
IT'S ADJACENT TO THE HARTSDALE PUBLIC PARKING DISTRICT PARKING GARAGE, NOT A RESIDENTIAL BUILDING, NOT EVEN AN OFFICE BUILDING.
THE PARKING GARAGE, THIS PARKING GARAGE IS LIT UP AT NIGHT WITH STREET LIGHTS.
THOSE LIGHTS APPEAR TO BE ON ALL NIGHT SEVEN DAYS A WEEK.
UH, NEXT TO THE PARKING GARAGE IS THE MOBILE STATION.
ACROSS THE STREET IS THE HARTSDALE TRAIN STATION, ALL OF WHICH ARE LIT UP ALL NIGHT.
UH, THE ONLY OUTDOOR LIGHTING THAT'S PROPOSED IN CONNECTION WITH OUR TENNIS ENCLOSURE, OUR LOW LEVEL SAFETY BOLLARDS.
THE ENCLOSURE ITSELF IS GOING TO BE DARK GREEN, MADE OF AN OPAQUE, NON-TRANSPARENT MATERIAL.
LIGHT WILL NOT ESCAPE THIS NON-TRANSPARENT MATERIAL.
I KNOW THERE WAS A QUESTION AT THE LAST MEETING.
THE ENCLOSURE WILL ALSO HAVE A SKYLIGHT IN THE CENTER OF NON-TRANSPARENT MAT OF, EXCUSE ME, OF SEMI-TRANSPARENT MATERIAL TO ALLOW NATURAL LIGHT IN.
WE'VE PROVIDED AN IMAGE OF A SIMILAR GREEN ENCLOSURE FROM NEARBY SUMOY COUNTRY CLUB THAT WAS PRODUCED BY THE SAME ENCLOSURE MANUFACTURER, SIMILAR COLOR, SIMILAR SKYLIGHT.
UH, AS SHOWN THERE, THERE IS SOME LIGHT THAT ESCAPES FROM THE SKYLIGHT, UH, BUT IT IS NOT NEARLY AS BRIGHT AS THE EXISTING STREETLIGHTS THAT ARE CURRENTLY ON THE PARKING GARAGE, WHICH ARE ALSO CLOSER TO THE RESIDENTIAL BUILDINGS.
WE'VE SEEN A LOT OF CORRESPONDENCE ON FLOODING ONCE AGAIN.
UH, AND SO AGAIN, WE WANT TO EMPHASIZE FOR THE RECORD, OUR PROFESSIONAL LICENSED ENGINEER HAS DONE A THOROUGH STORMWATER POLLUTION PREVENTION PLAN.
THIS SW, AS IT'S TYPICALLY CALLED, WAS SUBMITTED TO YOUR SENIOR CIVIL ENGINEER, JIM MEEN, WHO REVIEWED IT AND CONCURRED WITH THE FINDINGS.
THOSE FINDINGS STATE THAT WE HAVE PROPERLY MITIGATED ANY POTENTIAL STORMWATER ISSUES FROM THE PROPOSED ENCLOSURE, AND IN FACT, THAT WE ANTICIPATE AN OVERALL BENEFIT TO STORMWATER BECAUSE WE'RE INCLUDING NEW STORMWATER MITIGATION IN THE AREA THAT CURRENTLY HAS NONE.
AND THAT MEASURE IS GOING TO BE MAINTAINED EVEN IN THE SUMMER MONTHS WHEN THE ENCLOSURE IS NOT UP.
AGAIN, THOSE FINDINGS WERE REVIEWED AND CONFIRMED BY JIMMY HIN, YOUR INDEPENDENT ENGINEER, AND WERE INCORPORATED INTO YOUR NEGATIVE DECLARATION.
THE CLUB IS COMMITTED TO MAINTAINING THIS SYSTEM YEAR ROUND, INCLUDING SNOW REMOVAL.
WE AGREE THAT THIS SHOULD BE A CONDITION OF OUR APPROVAL BASED ON THE DELIBERATION LAST MONTH.
WE UNDERSTAND THAT IT IS CONTEMPLATED AS A CONDITION OF OUR APPROVAL, AND WE WISH TO EMPHASIZE THAT THE CLUB HAS STAFF THAT ACTUALLY LIVE ON THE PROPERTY.
I DON'T KNOW IF THAT'S COME THROUGH IN OUR PRIOR MATERIALS OR PRESENTATIONS.
THEY'RE THERE ALL WINTER LONG 24 7 AND ARE ABLE TO ATTEND TO ANY SNOW ACCUMULATION ON THE ENCLOSURE.
WE'VE SIMILARLY SEEN A LOT OF CORRESPONDENCE ON THE ISSUE OF, OF TREE REMOVAL.
UH, AND WE WANNA BE CLEAR THAT AGAIN, THE NETTING ON THE DRIVING RANGE IS NO LONGER PROPOSED.
ANY TREES BEING REMOVED IN CONJUNCTION WITH THAT NETTING NO LONGER BEING REMOVED IN CONJUNCTION WITH THE NETTING SINCE IT'S NO LONGER BEING PROPOSED.
UH, SO WHAT YOU'RE CONSIDERING NOW IS THE TENNIS ENCLOSURE, WHICH CALLS FOR THE REMOVAL OF EIGHT TREES.
THE NETTING AT THE 16TH GREEN DOES NOT REQUIRE ANY TREE REMOVAL.
THOSE EIGHT TREES ARE CALLED TO BE PULLED OUT FOR THE INSTALLATION OF STORMWATER MEASURES FOR EMERGENCY ACCESS AND FOR, UH, UH, COMPLIANCE WITH THE AMERICAN WITH DISABILITY ACT, WHICH IS GOING TO IMPROVE ACCESS FOR PEOPLE WITH DISABILITIES TO THE EXISTING COURTS THAT ARE THERE.
NOW, UH, I ALSO SPOKE WITH OUR ENGINEER THIS MORNING A LITTLE BIT ABOUT THE TREE REMOVAL PERMITTING PROCESS.
THAT PROCESS, AS I'M SURE YOU KNOW, IS OVERSEEN BY YOUR INDEPENDENT TOWN FORESTRY OFFICER VAN HOGAR, WHO IS INCREDIBLY THOROUGH IN HIS REVIEW.
I'M SURE GARRETT WOULD ATTEST TO SPENDS ATTENTION TO DETAIL, UH, BUT ULTIMATELY REPLANTING IS REQUIRED.
I'VE HEARD THAT QUESTION AS WELL.
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REPLANTING REQUIRED IF YOU'RE TAKING TREES OUT? YES.YOU HAVE A FAIRLY STRINGENT TREE REMOVAL ORDINANCE IN YOUR CODE.
UH, AND ULTIMATELY WHAT IT REQUIRES IS, AND OUR ENGINEER IS HAPPY TO SPEAK TO THIS IN GREATER DETAIL, IF YOU WOULD LIKE, THOUGH I'M SURE YOU'RE FAMILIAR WITH IT, WE'RE GOING TO HAVE TO REPLANT TREES WHOSE VALUE EXCEEDS THE VALUE OF THE EIGHT TREES THAT ARE COMING OUT WHEN IT COMES TO STORM WATER AND CARBON CAPTURE.
EIGHT TREES ARE COMING OUT, SEVEN TREES ARE PROPOSED TO BE PLANTED.
ULTIMATELY THAT CALCULUS IS BASED ON THE SPECIES SIZE AND CONDITION OF THE TREES BEING REMOVED AND THOSE BEING PLANTED.
BUT AT THE END OF THE DAY, FROM AN ENVIRONMENTAL PERSPECTIVE, WE ACTUALLY HAVE TO BE A NET BENEFIT THAT'S REQUIRED BY YOUR TOWN CODE, AND THAT'S OVERSEEN BY YOUR INDEPENDENT TOWN FORESTRY OFFICER.
LASTLY, AND I JUST WANNA TOUCH ON THIS BRIEFLY.
I, I BELIEVE THIS ISSUE'S BEEN ADDRESSED WITH THE BOARD, BUT WE'VE SEEN CORRESPONDENCE COME IN FROM SOME NEIGHBORS WHO, UH, ARE STILL CONCERNED WITH BIRDS.
AND WE'VE SEEN AN ACCUSATION, SOME THAT CORRESPONDENCE THAT THERE HAS BEEN NO INDEPENDENT REVIEW OF THIS.
UH, I WOULD NOTE THAT YOUR CONSERVATION ADVISORY COMMITTEE, TWO OF THE MEMBERS, THERESA TORE AND LIZ SILVERSTEIN ACTUALLY TOOK IT UPON THEMSELVES TO RESEARCH THIS ON BEHALF OF THE TOWN.
UH, THEIR EMAIL TO TOWN STAFF INDICATES THAT THEY TALKED FIRST WITH SANDY MORRISEY, WHO IS A MEMBER OF THE CLUB, BUT HEAD OF THEIR BLUEBIRD PROJECT.
BUT THEN BEYOND THAT, AND I'M I'LL READ FROM LIZ'S EMAIL, SHE STATES, I ALSO SPOKE TO THE SOUTH CAROLINA CHARLESTON AQUARIUM AS I HAPPEN TO HAVE A CONNECTION THERE.
THEY HAVE AN AVIAN CARE DIVISION, WHICH TREATS AND CARES FOR INJURED BIRDS.
THEY ASSURED ME THEY HAVE NOT, EXCUSE ME, THEY HAVEN'T SEEN ANY BIRDS INJURED FROM GOLF COURSE NECK COLLISIONS.
I ALSO REACHED OUT TO CORNELL OR MYTHOLOGY.
THEY WERE NOT AWARE OF ANY ISSUES.
SO THERE HAS BEEN INDEPENDENT REVIEW BY EXPERTS THROUGH THE TOWN ZONE, C A C, UH, WHICH WE THINK IS FAIRLY DISPOSITIVE IN ADDITION TO ALL OF THE CORRESPONDENCE AND EVIDENCE THAT WE'VE PROVIDED, NOT JUST FROM OUR NETTING CONTRACTOR, BUT ALSO FROM THE MANAGER OF, UH, NOEL WOOD GOLF CLUB AND LEEWOOD COUNTRY CLUB NEARBY.
UM, SO WITH THAT, AND I APPRECIATE YOU, UH, LISTENING TO ME.
IF YOU HAVE ANY QUESTIONS FOR US, WE'RE HAPPY TO ANSWER THEM AND CERTAINLY WE LOOK FORWARD TO HEARING AND DIALOGUING WITH THE PUBLIC.
ANY QUESTIONS FROM THE BOARD? UM, I JUST, JUST TO CLA THE CAN BUBBLE YOU WANT.
THE TENNIS BUBBLE WILL BE OPEN AND LIT TILL 10:00 PM UH, 10 15 TO ALLOW FOR 10 CLEANUP.
AND THE OUTSIDE WALKWAY LIGHTS WILL BE ON ALL NIGHT OR JUST WHEN THEY GO OFF WHEN THE OTHERS GO OFF? THAT'S A GOOD QUESTION.
WOULD THE BOLLARDS HAVE TO BE ON AFTER THE ENCLOSURE IS TURNED OFF? I WOULD THINK, I THINK I WOULD THINK THAT THEY WOULD BE ON, I'M BILL BERNARD GENERAL MANAGER.
BILL, CAN YOU PLEASE COME UP TO THE PODIUM? THANK YOU.
SO IT SOUNDS LIKE WE THINK THEY MIGHT BE ON, BUT THOSE LIGHTS AGAIN ARE, THEY'RE LOW LEVEL BOLLARDS, WHICH YOU MAY EVEN HAVE ON YOUR WALKWAY TO YOUR HOUSE SO THAT YOU CAN SEE WHERE YOU'RE STEPPING.
YEAH, A PICTURE OF THEM IF YOU HAD, IT'S YEAH, NO LOW LEVEL BOLLARDS.
WE CAN CERTAINLY PROVIDE A DETAILED POST MEETING, BUT IT'S JUST TO SEE WHERE YOU'RE STEPPING.
ANY OTHER QUESTIONS FROM THE BOARD? THANK YOU.
UM, OH, TREE MAINTENANCE, UM, HAS, UM, SEEMED TO HAVE COME UP.
AND, UM, I JUST WANTED TO ASK A QUESTION ABOUT YOUR EXISTING TREES AND, UM, THE FACT THAT A LARGE MAJORITY OF THEM WERE PLANTED ABOUT, UH, MAYBE 2015 TO 20 YEARS AGO.
AND, UH, THEY WERE A SPECIFIC SPECIES OF TREES THAT, UM, ARE MADE OR ARE SUPPOSED TO GROW QUICKLY.
AND IT WAS DONE SO BECAUSE THEY WERE USED FOR THE PRODUCTION OF, UH, PAPER AT THE TIME.
SO THEY WERE LOOKING FOR SPECIES THAT WOULD GROW QUICKLY, UM, BUT THAT THEY CAN TEND TO NEAR THE END OF THEIR LIFE IN ABOUT 15 OR 20 YEARS.
AND THAT'S WHY A LOT OF THEM ARE FALLING OVER.
UM, ALSO SOME OF THEM ARE BEING ENMESHED WITH, UM, OTHER VINES, WHICH ARE CHOKING THEM.
SO MY, I GUESS MY QUESTION IS, COULD THERE NOT BE A BETTER MAINTENANCE PROGRAM ON THE EXISTING TREES THAT YOU CURRENTLY HAVE, WHICH MIGHT MITIGATE THE NEED FOR ANY NETTING AT ALL, EITHER.
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KNOW YOU'VE WITHDRAWN THE ONE ON AT THE DRIVING RANGE, BUT EVEN ON THE 16TH GREEN.SO, UH, I'LL TOUCH ON THAT AND THEN MATT, IF YOU WANT TO JUMP IN ON MAINTENANCE OR YOU THINK THERE'S SOMETHING I'M MISSING, PLEASE FEEL FREE.
SO, UH, LEWIS, YOU'RE, YOU'RE RIGHT.
THE, THE TREES AT ISSUE ARE ALONG THE DRIVING RANGE, UH, WHICH IS NO LONGER PENDING IN FRONT OF THE BOARD.
UH, BUT I WOULD NOTE, AND I SAW THE, THE CORRESPONDENCE THAT SEEMED TO ASSERT THAT FENCE FINDINGS WERE THAT THE TREES WERE, WERE DYING BECAUSE OF, UH, A MAINTENANCE SHORTCOMING OR THAT SOME ALTERNATIVE FORM OF MAINTENANCE MIGHT HAVE PROLONGED THE LIFE OF THE TREES.
SP'S EMAIL, AS I READ IT, ACTUALLY SAID THEY WERE AT THE END OF THEIR NATURAL LIFESPAN, WHICH TO ME MEANS THIS IS THE ANTICIPATED LIFESPAN OF THAT PARTICULAR SPECIES OF TREE.
I DON'T KNOW THAT IT'S ATTRIBUTABLE TO THE MAINTENANCE OF THE TREES THEMSELVES, BUT I THINK MORE IMPORTANTLY, ON THE NETTING THAT IS BEFORE THE BOARD AT THE 16TH GREEN, THE TREES THAT ARE THERE ARE INTENDED TO REMAIN.
AND UNLESS I'M MISTAKEN, THOSE ARE NOT THE SAME SPECIES OF TREE THAT IS ALONG THE DRIVING RANGE.
THEY'RE NOT THE SAME SPECIES OF TREE TO MY KNOWLEDGE.
THE CLUB HAS BEEN MAINTAINING THEM, UH, TO THE BEST OF ITS ABILITY.
THEY'RE IN GOOD HEALTH AND ARE NOT PROPOSED TO BE REMOVED.
AND AS YOU'LL SEE FROM OUR RENDERINGS, THE NETTING ALONG THE 16TH GREEN IS ACTUALLY FAIRLY BELOW THE TREE LINE.
IT, IT'S REALLY TO ACT AS A SUPPLEMENT TO THE EXISTING TREES THAT ARE THERE.
SO, UM, IF YOU HAVE ANYTHING YOU'D LIKE TO ADD, MATT, PLEASE FEEL FREE, BUT IF YOU THINK I HAVE THANKS MATT.
YES, YOU, IF YOU DO WISH TO SPEAK, EVERYONE HAS TO ABSOLUTELY COME TO THE PODIUM, OTHERWISE IT WON'T BE PICKED UP BY THE SONOGRAPHER.
IF YOU THINK THERE'S ANYTHING TO ADD, JUST ONE COMMENT.
UM, THE COMMENT I'D LIKE TO MAKE.
I'M SORRY, WE'RE ON THE RECORD.
UH, MATT SAVINO, I'M FROM SCARSDALE GOLF CLUB.
UM, THE TREES ON A 16TH HOLE ARE ACTUALLY ON JIM BLAND'S PROPERTY.
OUR NEIGHBOR, UH, THAT ABUTS, UH, THEY'RE, THEY'RE HARDWOOD TREES, OAKS, MAPLES.
UM, AND, UH, YOU KNOW, THE, OBVIOUSLY IT'S, IT, THE CLUB COULDN'T CUT THEM DOWN ANYWAY 'CAUSE THEY'RE NOT ON OUR PROPERTY.
SO, AND IN TERMS OF MAINTENANCE, I, I AGREE.
UM, YOU KNOW, WITH THE STATEMENT, THE, THE POPLARS ARE, UH, AT THE END OF THEIR LIFESPAN, UM, IT'S 135 ACRE PROPERTY.
UH, WE SPEND A LOT OF TIME AND MONEY MAINTAINING TREES, UH, ON A YEARLY BASIS.
BUT, UM, IN RAW NUMBERS, WHEN YOU THINK OF, YOU KNOW, THE NUMBER OF TREES PRESENT, UH, AND HOW LONG IT WOULD TAKE TO GET AROUND AND, UH, NOT JUST SAFETY PRUNE, BUT UH, YOU KNOW, UM, MAINTAIN THE TREES IN TERMS OF, UH, UM, YOU KNOW, THE OVERALL HEALTH.
YOU'RE NOT GETTING AROUND TO EVERY, YOU KNOW, THOUSANDS AND THOUSANDS OF TREES, UH, YOU KNOW, EVERY YEAR.
SO, UM, YOU KNOW, THE AREA IN QUESTION WAS A, A NATIVE MAINTAINED AREA.
UM, ANY IDEAS TO LET IT GROW NATURAL.
I, UH, ANY OTHER QUESTIONS FROM THE BOARD? NOPE.
WE HAVE QUESTIONS FROM THE AUDIENCE THOUGH.
UH, I WOULD LIKE TO ADD SOMETHING.
WE'LL CALL ON YOU WHEN THE TIME UH, COMES.
SO IF YOU COULD JUST, UM, HANG TIGHT AND WE'LL GET TO YOU VERY SOON.
MY NAME, MY NAME IS MURRAY BOWDEN.
UH, MY CONCERN IS GLOBAL WARMING.
AND WHEN IT COMES TO GOLF COURSES, WE'VE SEEN ANY NUMBER OF THEM CLOSE AND BEING TURNED INTO HOUSING DEVELOPMENTS.
I'M IN FAVOR OF ANYTHING THAT CAN BE DONE UNREASONABLE TO SUPPORT THIS GOLF CLUB FOR AT LEAST FIVE OR 10 YEARS BECAUSE THE ENVIRONMENT WILL CHANGE.
AND IF IN FACT THEY DON'T MAKE IT AFTER 10 YEARS, THEN THERE WILL BE SOME ENTITY THAT WILL BE PREPARED TO TAKE IT OVER AND MAKE PARK LAND OUT OF IT.
WHAT THEY'RE ASKING FOR A TENNIS, UH, COVER IS REASONABLE.
AND YES, SOME PEOPLE MAY FEEL IMPACTED, BUT IN THE, UH, OVERALL VIEW OF THE WORLD, WE WANT TO KEEP THE OPEN SPACES.
WE DON'T WANT MORE HOUSING AS THERE IS ON DOBBS FERRY ROAD.
SO I WOULD LIKE TO GIVE YOU EVERY ASSURANCE THAT I WILL SUPPORT ANY REASONABLE THINGS THAT YOU DO TO KEEP IT IN BUSINESS AS LONG AS POSSIBLE.
I WALKED AROUND WHEN THEY WERE DISCUSSING THE, UH, NETTING SITUATION.
I TALK TO A LOT MORE PEOPLE THAN ALMOST ANYBODY ELSE DID I GO IN THE BACKGROUND, TALK TO THE PEOPLE THAT, UH, HAVE SOMETHING TO SAY, I'D LIKE IT TO BE THERE.
I'D LIKE YOU TO HAVE AS MUCH SUPPORT AS YOU CAN.
AND I BELIEVE THAT THE LIGHT THAT IS EXPOSED WILL NOT BE ANY DETRIMENTAL TO THE COMMUNITY
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THAN ANYTHING ELSE.JUST BY SHOW OF HANDS, HOW MANY SPEAKERS, UM, WISH TO SPEAK ON THIS MATTER.
UM, MS. MALLET, PLEASE COME UP.
I WANT TO SPEAK, BUT I CAN'T START MY VIDEO.
MR. BLAND, WHEN YOU, WE CALL ON YOU, THAT'S WHEN YOU WILL SPEAK.
SO IF YOU COULD PLEASE JUST STAY MUTED AND KEEP THAT VIDEO OFF.
UM, THANKS FOR THE OPPORTUNITY TO SPEAK.
GOOD EVENING CHAIRPERSON AND MEMBERS OF THE BOARD.
UM, I REPRESENT A CO-OP OF A RESIDENTIAL BUILDING RESIDE IMMEDIATELY ADJACENT TO THE GOLF COURSE THAT HAS APPROXIMATELY 200 RESIDENTS WHO ENJOY THE VIEWS AS WELL AS THE OPEN SPACE THAT THE GOLF COURSE PROVIDES FOR THE TOWN OF GREENBURG RESIDENTS.
FIRST, MY CLIENTS ARE ASKING THAT YOU DENY THE HEIGHT AND SETBACK VARIANCES REQUESTED FOR THE NETTING ON THE 16TH GREEN BECAUSE IT IS NOT ERRANT GOLF BALLS THAT ARE THE MOST DANGEROUS THING HERE TONIGHT.
BUT RATHER, IT IS THE PRECEDENT THAT THE APPLICANT IS ASKING YOU TO SET BY IGNORING THIS BOARD'S PREVIOUS DECISION FOR THE SAME APPLICANT ON THE SAME COURSE FOR NETTING 16 YEARS AGO, WHEN THIS APPLICANT FIRST ASKED THE BOARD TO ERECT NETTING ON THE GOLF COURSE IN 2004, IT WAS DENIED.
AND IT'S THAT DENIAL AND THE REASONS PROVIDED FOR THAT DENIAL THAT SETS THE STANDARD FOR THE CURRENT VARIANCE DECISIONS.
18 YEARS AGO, THE APPLICANT PROPOSED INTERIOR NETTING ON THE COURSE ON THE LEFT SIDE OF THE DRIVING RANGE NEAR THE FIRST HOLE.
THIS NETTING WAS DEEMED THE MOST IMPORTANT PART OF THE APPLICATION AT THE TIME BY BOTH THE ATTORNEYS FOR THE APPLICANT FOR THE GOLF COURSE AS WELL AS THE PRESIDENT OF THE CLUB.
THE NETTING WAS, IS, WAS LITERALLY PROPOSED FOR THE INTERIOR OF THE CLUB OF THE GOLF COURSE.
I HAD SUBMITTED A MAP WITH MY LETTER A FEW WEEKS AGO.
THE PROPOSED POLES WERE TO BE 52 FEET HIGH.
THE NETTING EMBEDDED IN TREES SO YOU WOULD TECHNICALLY NOT SEE IT AND ALL, AND IT WAS ALSO GONNA BE LOCATED OUTSIDE OF ALL SETBACKS MORE THAN 30 FEET AWAY FROM ANY PROPERTY LINE.
HOWEVER, THIS BOARD IN 2006 DENIED THE HEIGHT VARIANCE FOR THE POLES ON THIS INTERIOR NETTING EXPRESSING CONCERN IN ITS DECISION ABOUT THE PROXIMITY TO PROPERTY LINES, THE VISUAL NATURE OF THE NETTING EMBEDDED IN THE TREES, UM, AND ULTIMATELY FOUND THAT THERE WERE FEASIBLE ALTERNATIVES SUCH AS SCREENING BY TREES.
THE FACT THAT THIS BOARD FOUND THAT TREE SCREENING WAS A BETTER ALTERNATIVE THAN 52 FOOT HIGH NETTING ON THIS GOLF COURSE MEANS LOGICALLY THAT TREE SCREENING IS EVEN EQUAL TO OR EVEN BETTER ALTERNATIVE FOR THE PROPOSED 25 FOOT POLE HEADING, UH, NETTING THAT'S REQUESTED TONIGHT, ESPECIALLY BECAUSE THE GOLF CLUB RELIES ON TREE SCREENING ON TREES THAT ARE MUCH HIGHER THAN 20 FOOT FEET.
AS WE JUST HEARD, THERE ARE TREES THERE THAT ARE HIGHER THAN 25 FEET THROUGHOUT MO MOST OF ITS COURSE.
MOVING ON TO THE SETBACK VARIANCE FOR THIS POLE, THE PROPOSAL IS FOR A 75% SIDE YARD SETBACK VARIANCE FOR THIS NETTING POLE FROM 16 FEET TO LESS THAN THREE AND A HALF FEET NEXT TO A RESIDENTIAL PROPERTY LINE.
THIS IS ESPECIALLY TROUBLING FOR TWO REASONS.
FIRST, THIS BOARD, AS I SAID, HAS ALREADY DENIED NETTING, POLL NETTING FOR POLLS THAT WERE, BECAUSE THEY WERE CONCERNED ABOUT THE PROXIMITY OF THE POLES TO THE PROPERTY LINE.
AND THIS POLE IS 10 TIMES CLOSER TO THE PROPERTY LINE THAN IN THE PRIOR CASE.
SECOND, MORE THAN HALF OF THIS GOLF COURSE IS SURROUNDED BY RESIDENTIAL PROPERTIES.
IF YOU ALLOW A LESS THAN THREE AND A HALF FOOT SETBACK IMMEDIATELY ADJACENT TO A RESIDENTIAL PROPERTY, YOU'LL BE OPENING UP A GATE THAT WILL BE VERY DIFFICULT TO CLOSE.
THIS APPLICANT COULD USE THIS RULING TO INSTALL NETTING IN OTHER AREAS OF THE GOLF COURSE.
AND THIS BEAUTIFUL OPEN SPACE IN THE MIDDLE OF THE TOWN WILL BECOME SEPARATED THROUGH A BARRIER OF NETTINGS AROUND ALL THESE RESIDENTIAL PROPERTIES.
THE, THE APPLICANT HAS NOT SHOWN THE MATERIAL CHANGE IN CIRCUMSTANCES NECESSARY TO CHANGE FROM AND REVERSE THIS PRIOR PRECEDENT.
IN ADDITION, THESE VARIANCES FOR THE NETTING ON THE 16TH GREEN SHOULD BE DENIED USING THE BALANCING TEST REQUIRED OR AS PRESCRIBED BY NEW YORK STATE TOWN LAW.
I JUST WANNA HIGHLIGHT TWO OF THE FACTORS.
THE FIRST IS THAT THE NEED FOR THIS SIGNIFICANT 75% LESS THAN THREE AND A HALF FOOT SETBACK IS ENTIRELY SELF-CREATED.
THE CLUB HAS ADMITTED IN ITS PAPERS THAT IT IS NECESSARY SO AS NOT TO ENCROACH ON ITS OWN RECREATIONAL SPACE.
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THEY ARE NOT WILLING TO MAKE THE SACRIFICE.THEY'RE SO, THEY'RE ASKING YOU FOR THIS VARIANCE.
WE ALSO KNOW FROM A NA NATIONAL MAGAZINE THAT THERE WERE TREES REMOVED ON THE 16TH GREEN BECAUSE IT WAS TOO SHADY.
UM, SO THE ENTIRE ASK IS SELF-CREATED.
SECOND, DESPITE THE POTENTIAL HARMS TO THE COMMUNITY THAT I'VE ALREADY OUTLINED THERE, THERE HAS BEEN NO NEED FOR THE NETTING ON THE 16TH GREEN PRESENTED.
EVEN THOUGH THIS CASE HAS BEEN BEFORE YOU FOR OVER A YEAR.
THE ONLY JUSTIFICATION GIVEN FOR THE NETTING IS THAT A RESIDENT WHO LIVES NEARBY HAS REQUESTED IT.
BUT OF COURSE, THIS WAS THE SAME EXACT JUSTIFICATION GIVEN FOR THE NETTING IN 2004 AND THAT NETTING WAS DENIED.
I JUST WANNA SAY ONE MORE COMMENT ABOUT THE ESTABLISHED PRECEDENT IN THIS CASE.
BEFORE I MOVE ON TO THE ENCLOSURE, THE TENNIS ENCLOSURE.
AT THE LAST HEARING, THE ATTORNEY FOR THE GOLF CLUB POINTED TO NETTING ON OTHER GOLF COURSES AS REASONS NOT TO ADHERE TO THE PRECEDENT.
IN THIS CASE, HOWEVER, PRECEDENT REQUIRES A CONSISTENT APPROACH AS YOU KNOW, BY THIS BOARD IN ITS DECISION-MAKING, PARTICULARLY WHEN IT IS THE SAME APPLICANT ON THE SAME PARCEL OF LAND.
AND IN THIS CASE, REPRESENTED BY THE SAME EXACT LAW FIRM CASE LAW MAKES CLEAR THAT THE APPROPRIATENESS OF A PROJECT PROPOSAL IS TIED TO A PARTICULAR PARCEL OF LAND AS EACH LAND.
AND IN THIS CASE, EACH GOLF COURSE HAS ITS OWN UNIQUE CIRCUMSTANCES AND CHARACTERISTICS SUCH AS WHERE IT IS LOCATED IN THE RESIDENTIAL COMMUNITY.
SO RATHER THAN LOOK AT OTHER GOLF COURSES, IT IS MOST IMPORTANT THAT THIS BOARD LOOK AT WHAT IT HAS ALREADY DECIDED.
IN THIS INSTANCE, I'D LIKE TO JUST BRIEFLY ADDRESS THE PROPOSED TENNIS ENCLOSURE.
THE LOCAL LAW PROVIDES GREAT LATITUDE FOR THE APPLICANT IN, IN CREATING THIS TENNIS ENCLOSURE AS THE CODE ALLOWS FOR 200 FOOT SETBACK AND 175 VARIANTS UP TO 25 FEET.
AS LONG AS THE COURT IS NOT ILLUMINATED AND USED DURING THE DAY ONLY, OBVIOUSLY IN THIS CASE THE APPLICANT, BECAUSE IT WILL BE ILLUMINATED AND USED UNTIL 10 OR 10 15 EACH NIGHT, IS ASKING FOR YOU TO, IS ASKING YOU TO ALLOW FOR 107.9 FOOT FRONT YARD VARIANCE.
COMBINING THIS WITH AN EIGHT FOOT HIGH VARIANCE IN WHAT IS A RESIDENTIAL ZONE MEANS THAT THEY'RE CREATING A STRUCTURE ON THIS OPEN SPACE THAT IS VERY VISIBLE AND ILLUMINATED AT NIGHT UNTIL 10 15 FOR EIGHT MONTHS OUTTA THE YEAR.
IT'S TEMPORARY, BUT IT'S THE MAJORITY OF THE YEAR.
THIS IS CONTRARY TO THE GOLF COURSE'S CONTRIBUTION TO THE TOWN AS AN OPEN SPACE ENJOYED BY ALL.
IT LITERALLY CLOSES THE OPEN SPACE OFF AND MAKES IT UNSIGHTLY TO EVERYONE, TO ALL OF THE RESIDENTS WHO LIVE IN THE COMMUNITY.
EVEN MORE CONCERNING ABOUT THE TENNIS ENCLOSURE IS THAT DESPITE THIS 175 FOOT VARIANCE AND LATITUDE GIVEN IN THE CODE, IF IT WAS UN ILLUMINATED, AND IF IT WAS ONLY DURING THE DAY, THE APPLICANT IS ASKING FOR A 97% DECREASE IN THE SIDE YARD SETBACK TO SIX FEET.
SO THAT'S A 97% DECREASE SETBACK VARIANCE IT IS ASKING FOR.
SO THIS SIX FOOT, UM, SETBACK IS ACTUALLY 77% DIFFERENCE FROM THE, UM, PART OF THE CODE THAT SAYS IN NO EVENT SHOULD IT BE LESS THAN 25 FEET.
THE APPLICANT, HOWEVER, HAS PROVIDED NO JUSTIFICATION FOR THIS EXTREME VARIANCE OTHER THAN IT WILL MAKE THE CLUB MORE COMPETITIVE.
THERE'S NOTHING ELSE ON THE RECORD.
THERE IS NO EVIDENCE AS TO WHAT THIS PHRASE MEANS IN THE CONTEXT OF THE SCARSDALE GOLF CLUB OR WHAT THEY EVEN NEED OR WHETHER THEY EVEN NEED TO BE MORE COMPETITIVE.
SO THE VARIANCES FOR THE TENNIS ENCLOSURE ALSO FAIL THE BALANCING TEST REQUIRED BY THE NEW YORK STATE TOWN LAW.
AND FINALLY, THERE'S A MAJOR CONCERN THAT HAS BEEN BROUGHT TO YOUR ATTENTION ABOUT HOW THIS ENCLOSURE WILL AFFECT THE FLOW OF WATER INTO THE PUBLIC PARKING DISTRICT NEXT DOOR AND COULD CONTRIBUTE TO THIS FLOODING.
THIS IS ON THE SIDE OF THE TENANT ENCLOSURE THAT WILL NOW BE ONLY SIX FEET FROM THE PROPERTY LINE.
I'M HAPPY TO ANSWER ANY QUESTIONS REGARDING ANYTHING THAT I'VE SAID.
UM, BUT ON BEHALF OF THE RESIDENTS I REPRESENT IN THE TOWN OF GREENBURG, WE RESPECTFULLY REQUEST THAT YOU DENY ALL OF THE VARIANCES REQUESTED BY THE APPLICANT IN THIS PROCEEDING.
UM, DO YOU KNOW WHAT PERCENTAGE OF
[00:30:01]
THE SITE THAT THE, THE BUBBLE IS GOING TO COVER? OF THE ENTIRE GOLF COURSE? YES.'CAUSE YOU SAID THAT THE BUBBLE IS GOING TO ENCROACH ON THE OPEN SPACE OF THE ENTIRE SITE.
SO I'M WONDERING WHAT PERCENTAGE OF THE TENNIS COURT OUT OF THE WHOLE 135 ACRES OR HOW MANY, WHAT'S THE PERCENTAGE? SO I DON'T HAVE THE PERCENTAGE.
WHAT I BASED THAT STATEMENT ON WAS THE PICTURES SUBMITTED BY THE APPLICANT AS TO THE VIEW HOW YOU WILL, HOW YOU COULD SEE THE BUBBLE WHEN YOU ARE DOWNTOWN IN THE STORES FROM VARIOUS POINTS THEY SUBMITTED PICTURES OF WHAT THE, WHAT A RENDITION OF WHAT THE BUBBLE WOULD LOOK LIKE IN THE VILLAGE.
SO MY ASSERTION OF HOW VISIBLE IT WOULD BE IS BASED ON THEIR PICTURES THAT YOU CAN SEE IT FROM VARIOUS VANTAGE POINTS AS YOU GO ABOUT YOUR DAY IN THE TOWN OF GREENBURG IN THE, IN THE TOWN, I MEAN AT THE, FROM THE STORES, YES, BUT NOT FROM THE VIEWS FROM THEIR APARTMENTS.
IT'S, IT'S WHILE YOU'RE WALKING, IT'S AN OPEN SPACE.
INSTEAD YOU'RE GONNA BE LOOKING AT A BUBBLE.
I'M SURE THEY DO IN TERMS OF THE ENTIRE GOLF COURSE, BUT NOR DO I THINK THAT THAT'S RELEVANT.
IT'S THE FACT THAT THIS IS AN OPEN SPACE AND IN THE COMPREHENSIVE PLAN FOR THE TOWN OF GREENBURG, IT'S ONE OF THE PRIORITIES.
I JUST THINK IT'S AN OVERSTATEMENT, BUT THAT'S MY OPINION.
ANYTHING ELSE? SO, MADAM CHAIR, THERE ARE A FEW SPEAKERS ON THE, UM, THANK YOU ON THE ZOOM.
SO, MR. JIM BLAND, IF YOU COULD, UH, PLEASE TURN ON YOUR VIDEO AND, AND UNMUTE.
WE'RE, WE'RE HAPPY TO HEAR YOU NOW.
I'M UNABLE TO START THE VIDEO.
I'LL SEE IF I CAN ASSIST YOU WITH THAT, BUT WE CAN HEAR YOU JUST FINE.
YOU MIGHT GET A PROMPT NOW TO START YOUR VIDEO.
UH, FIRST, SO THANK YOU FOR, UM, ALLOWING ME TO PARTICIPATE, UH, VIA ZOOM.
UH, I AM A 38 YEAR, UH, GREENBURG RESIDENCE, UH, MEANING I'VE LIVED HERE FOR 38 YEARS.
I'VE LIVED AT 74 HIGH RIDGE ROAD, UH, FOR 35 YEARS IN EDGEMONT.
AND, UM, AND THAT MY, I LIVE NEXT TO THE GOLF COURSE, UM, AT THE 16TH GREEN.
I HAVE HAD A LONG STANDING ISSUE, UH, WITH GOLF BALLS, UH, FREQUENTLY COMING INTO MY YARD, UM, UH, DOING DAMAGE TO MY HOME, TO MY VEHICLES.
AND, UM, AS I AM NOW RETIRED, I FIND CREATING HAZARDS FOR ME AND MY FAMILY, UH, UH, IN PARTICULAR.
AND, UH, AND I, UH, I HAVE TO, UH, CALL THE WOMAN THAT JUST SPOKE ON WHAT SHE SAID, THAT THIS REQUEST HAS BEEN MADE BEFORE.
I HAVE LIVED HERE FOR 35 YEARS.
THERE HAS NEVER BEEN A REQUEST BEFORE.
AND BILL MENARD OF THE SCAR GOLF CLUB WILL, UH, VOUCH THAT THIS IS A REQUEST THAT HAS JUST BEEN MADE IN THE LAST YEAR.
SO THIS, THIS ISSUE HAS NEVER BEEN BEFORE THE ZONING BOARD OR ANY OTHER, UH, COMMITTEE OF THE TOWN BEFORE.
AND THE REASON I'M ASKING NOW IS BECAUSE I AM RETIRED, I SPEND A LOT MORE TIME IN THE YARD GARDENING, DOING WHATEVER, AND IT IS AN UNSAFE SITUATION HAVING ALL OF THESE GOLF BALL COMING IN THE YARD.
UH, ONE TIME, JUST, UH, AS AN ASIDE, JUST TO TELL YOU WHAT THE SITUATION IS, UH, YOUNG MAN KNOCKED ON MY FRONT DOOR AND HE ASKED IF HE COULD, UH, RETRIEVE A GOLF CLUB FROM, UH, THE FRONT OF ONE OF MY CARS IN THE DRIVEWAY.
AND SO I, I WAS KIND OF SURPRISED.
I WALKED OUT TO THE DRIVEWAY AND WHAT HAD HAPPENED WAS HE HAD THROWN A CLUB, UH, FROM THE GOLF COURSE THROUGH THE WOODS AREAS THAT BORDERS MY DRIVEWAY, AND IT WENT THROUGH THE WINDSHIELD OF MY DAUGHTER'S CAR, AND IT WAS SITTING IN THE FRONT SEAT OF THE CAR.
SO I'M VERY, UH, INTERESTED THAT THAT WOMAN THAT SPOKE BEFORE ME DOESN'T THINK THAT, UH, THIS IS MUCH OF AN ISSUE LIVING BY THE 16TH HOLE OF THE SCARSDALE GOLF CLUB, BUT I AM HERE TO REPORT THAT IT IS.
AND AS MATT SEVERINO SAID, THE TREES ARE ON MY PROPERTY.
I MAINTAIN THE TREES, I FEED THEM, I FERTILIZE THEM, I PRUNE THEM, I KEEP THEM HEALTHY.
AND THEY ARE A PART OF WHAT, UH, HAS FOR THESE MANY YEARS KEPT THE PROPERTY AS SAFE AS IT IS, BUT
[00:35:01]
IT IS NOT SAFE ENOUGH.AND IF ANYTHING, I WOULD LIKE THE NET TO BE MUCH HIGHER THAN THE GOLF COURSE IS PROPOSING, BUT THEY'RE WILLING ONLY TO DO 25 FEET.
I WOULD LIKE IT TO BE HIGHER, AND I WANT IT TO BE AS CLOSE TO THE PROPERTY LINE AS POSSIBLE, BECAUSE THAT IS WHAT PROVIDES THE MAXIMUM SAFETY FOR ME AND HER.
THE, THE LAWYER'S ARGUMENT THAT SPOKE BEFORE ME, UM, FRANKLY, IS ABSURD.
UH, SO, UH, IT WOULD BE NICE IF SHE, UH,
UM, I ALSO WOULD LIKE TO ADD THAT MY NEIGHBORS, UH, ON MY STREET AND IN MY, UH, NEIGHBORHOOD ASSOCIATION SUPPORT THIS NET.
AND THEY ALSO SUPPORT THE BUBBLE.
UH, SO, UH, THERE IS NO OPPOSITION IN THE COMMUNITY IN GREENRIDGE TO WHAT IS BEING PROPOSED.
UM, AND I WOULD LIKE TO CONCLUDE CONCLUDE BY SAYING THAT LIVING NEXT TO A GOLF COURSE IS A DOUBLE-EDGED SWORD.
I FRANKLY LIKE LIVING NEXT TO THE GOLF CLUB, BUT IT DOES CREATE HAZARDS AND IT IS DANGEROUS.
UM, UM, MY NEIGHBORHOOD ASSOCIATION AND I SUP AND, AND, AND I SUPPORT WHAT THE GOLF CLUB IS PROPOSING.
AND IF YOU HAVE ANY QUESTIONS FOR ME, I'M HAPPY TO TRY TO ANSWER THEM.
THIS IS THE THIRD ZONING BOARD BOARD MEETING I HAVE BEEN TO.
I HAVE MADE THIS SAME CASE OVER AND OVER AGAIN.
I AM AT WITTS END AS TO HOW TO GET THIS DONE.
IT LOOKS LIKE ONE ZONING BOARD MEMBER DOES HAVE A COMMENT OR QUESTION.
YEAH, I'M, I'M A BIG CONFUSED.
MY ORIGINAL ASSUMPTION WAS THAT THE, THE NETTING NEAR THE 16TH HALL, THE WAS NOT GOING IN A DIFFERENT LOCATION.
IS IT ALREADY LESS THAN THREE AND A HALF FEET FROM THE PROPERTY LINE OR
THERE HAS BEEN ANY NET BY THE 16TH HOLE.
I'M TOTALLY, I THOUGHT THEY WERE JUST
THIS HAS NEVER BEEN PROPOSED AND HAS NEVER BEEN CONSIDERED BEFORE.
SO I HAVE NO IDEA WHAT THAT ATTORNEY WAS TALKING ABOUT.
I BELIEVE, UM, MR. STEVE GOLDBERG WOULD LIKE TO SPEAK NEXT.
SIR, I'M GOING TO SEND YOU A PROMPT SO YOU CAN TURN ON YOUR VIDEO.
I'M A RESIDENT OF ONE 20 EAST HARTSDALE.
UH, I'M NOT GOING TO BELABOR THE OTHER POINTS THAT WERE MADE, HOWEVER, I JUST WOULD LIKE TO COMMENT ABOUT, UH, THE COMMENTS AND THE DISCUSSION ABOUT THE TREE LINE AND THE AGE OF THE TREES AND SOME OF THE REMEDIATION COMMENTARY FROM, UH, THE GOLF CLUB.
UH, WE HAD, AFTER THE WALKTHROUGH OF, UH, THE GOLF COURSE, WE HAD A NUMBER OF PEOPLE JOIN US ON THE ROOF OF OUR BUILDING, WHICH PROVIDED AN OUTSTANDING VIEW, UH, OF THE TREE LINE.
UH, AARON SCHMIDT WAS THERE, UH, SAN HOGAR WAS THERE, AND COUNCILMAN SHEHAN WAS THERE.
ALL COULD SEE THE CONDITION OF THIS TREE LINE.
ALL COULD SEE, UH, THAT MANY OF THESE TREES WERE IN VARIOUS STATES OF DETERIORATION.
UH, HOWEVER, AND VERY IMPORTANTLY, AND THIS IS A, A VERY IMPORTANT POINT ABOUT HOW THE GOLF CLUB IS OR ISN'T TAKING CARE OF THIS TREE LINE, THESE TREES HAVE NOW BEEN COMPLETELY INFESTED WITH KUDZU VINES AND THESE KUDZU VINES, WHICH IS NOT JUST A CONDITION OR ISSUE THAT'S SPECIFIC TO THIS TREE LINE, BUT IT'S WELL KNOWN THAT THESE VINES ATTACK THESE TREES AND PULL, THEY KILL THEM AND THEY TEAR THEM DOWN.
THEY LITERALLY PULL THEM DOWN.
AND WE CURRENTLY HAVE SEVERAL DANGEROUS TREE SITUATIONS THAT THE GOLF CLUB IS AWARE OF WITH TREES THAT ARE EITHER IN PARTIAL STATE OF DISREPAIR OR PARTIAL STATE, UH, UH, IN CONDITION.
AND THEY HAVE SIMPLY NOT TAKEN CARE OF 'EM.
SO PERHAPS THOSE WHO WALKED ON THE SIDE OF THE TOUR WERE NOT ABLE TO REALLY SEE THAT.
BUT FOR THOSE WHO WERE ON THE ROOF OF OUR BUILDING, IT IS ABUNDANTLY CLEAR.
AND SO I THINK IT'S IMPORTANT, EVEN THOUGH THE, THE NETTING ALONG THE TREE LINE HAS BEEN REMOVED FROM THIS, UH, THIS PARTICULAR CONSIDERATION BEFORE THE ZONING BOARD, THE TOPIC WAS BROUGHT UP, AND I WANTED TO CORRECT THIS FOR THE RECORD, BECAUSE THESE TREES ARE NOT BEING MAINTAINED AS THEY SHOULD BE.
THE VINES HAVE NOT BEEN TAKEN DOWN.
AND THE ONLY TIME THERE HAS BEEN RECENT ATTENTION
[00:40:01]
OVER, AT LEAST THE LAST SEVEN YEARS THAT I HAVE BEEN A RESIDENT THERE.AND WE, WE HAVE, OUR VIEW IS OF THE GOLF COURSE.
SO WE SEE EVERY SINGLE THING THAT GOES ON IS THAT THERE'S BEEN SOME TREE TOPPING AND TREE CUTTING.
AND THAT'S ONLY BECAUSE THOSE TREES WERE SPLIT AND ABOUT TO FALL.
SO THERE IS NOT BEEN ANY PROACTIVE REMEDIATION.
AND I WOULD URGE THE GOLF CLUB TO, UH, REALLY TAKE A LOOK AT THESE TREES AND DO WHAT THEY SHOULD BE DOING.
UH, ANY OTHER SPEAKERS ON? OH, NO, I ACTUALLY, I DO HAVE A QUESTION.
OH, NO, WAIT, WAIT ON THE ZOOM FIRST ANYBODY? OH, NO, THAT'S OKAY.
IF YOUR QUESTIONS GERMANE TO THAT COMMENT, THEN PLEASE GO FORWARD.
UM, THE, THE QUESTION IS, YOU DIDN'T MENTION WHICH TREE LINE ARE YOU, UH, TALKING ABOUT? UH, THE ONE THAT AT THE, UH, DRIVING RANGE AREA OR THE ONE AT THE 16TH GREEN? NO, THIS IS THE TREE LINE ALONG THE DRIVING RANGE.
AND I THINK THAT IS THE TR THAT'S THE TREE LINE YOU WERE REFERRING TO EARLIER IN YOUR COMMENTARY ABOUT THE TREES THAT HAD BEEN SELECTED, UH, AS A SPECIES 20 S ODD YEARS AGO.
SO EVERYTHING YOU SAID WAS, WAS CORRECT, BUT IT PERTAINED TO THIS TREE LINE ALONG EAST EASTDALE.
SO THAT'S WHAT I'M SPECIFICALLY REFERRING TO.
I'M NOT REFERRING TO THE TREES BY THE GOLF BUBBLE.
I'M NOT REFERRING TO THE TREES BY THE 16TH HOLE.
I I JUST WANTED TO MAKE THAT CLEAR.
ANY OTHER SPEAKERS ON THE ZOOM THAT HAVE NOT YET MADE COMMENTS THAT WISH TO SPEAK? IF, IF, IF SO, PLEASE UNMUTE YOUR MIC AND SPEAK NOW.
MADAM CHAIR, IT LOOKS LIKE THAT, UH, EXHAUSTS THE SPEAKER LIST.
YES, APPLICANT WOULD BE ALL RIGHT TO RESPOND.
UH, AGAIN, FOR THE RECORD, STEVE RABEL, EXCUSE ME.
UH, I'M NOT GOING TO, UH, GET INTO ANY OF THE ISSUES, UH, REGARDING THE DRIVING RANGE NETTING SINCE THAT'S NO LONGER GERMANE TO THE APPLICATION THAT'S BEFORE THE BOARD.
UH, I DID WANNA RESPOND TO A FEW OF MS. MALLET'S COMMENTS.
UH, FIRST TO START WITH THE ISSUE OF PRECEDENT.
AND AGAIN, I KNOW YOU'RE A FAIRLY EXPERIENCED BOARD AND I KNOW YOU KNOW THIS, BUT, UH, FOR THOSE WHO MAY NOT HAVE WATCHED AT THE LAST MEETING, EVERY APPLICATION NEEDS TO BE DECIDED ON ITS OWN MERITS.
EVERY APPLICATION IS DIFFERENT.
IT HAS ITS OWN UNIQUE SET OF FACTS, ITS OWN UNIQUE ADJACENT PROPERTIES, ITS OWN UNIQUE, UH, DESIGN ELEMENTS TO TRY AND ARGUE THAT A 15, EXCUSE ME, 16 YEAR OLD PRECEDENT APPLIES BECAUSE NETTING THAT WAS TWICE AS TALL USING DIFFERENT POLES, DIFFERENT INSTALLATION ON AN THE OTHER SIDE OF 132.8 ACRE PROPERTY IS SOMEHOW APPLICABLE TO AN ENTIRELY DIFFERENT PART OF THE COURSE WITH ENTIRELY DIFFERENT NEIGHBORS, ENTIRELY DIFFERENT TYPE OF NEIGHBORHOOD.
WE'RE TALKING ABOUT SINGLE FAMILY HOMES, NOT HIGH RISE APARTMENT BUILDINGS, UH, IS I, I THINK A BIT OF A STRETCH.
NOT ONLY THAT, BACK IN 2005 AND IN 2006, AS YOU SAW MORE RECENTLY, THE NEIGHBORS CLEARLY ALONG THE DRIVING RANGE HAVE CONCERNS WITH NETTING.
THAT IS NOT THE CASE WITH THE NEIGHBORHOOD ALONG THE 16TH GREEN.
THE ONLY NEIGHBOR WHO HAS SPOKEN AT ANY OF THESE MEETINGS FROM THAT NEIGHBORHOOD IS MR. BLAND, WHO YOU JUST HEARD, IS STRONGLY IN SUPPORT AND WHO HAS STATED FOR THE RECORD THAT HIS NEIGHBORS ARE STRONGLY IN SUPPORT.
UH, AND YOU KNOW, IT'S, IT'S, IT'S INTERESTING BECAUSE MS. MALLARD IS ARGUING ON THE ONE HAND THAT WHEN IT COMES TO COVERAGE, THE ENTIRETY OF THE PROPERTY DOESN'T MATTER.
ALL THAT MATTERS IS THE LOCALIZED AREA.
AND JUST TO ANSWER YOUR QUESTION, MS. N UH, IT'S 0.2% OF THE ENTIRETY OF THE PROPERTY, BUT WHEN IT COMES TO PRECEDENT, SHE'S ARGUING ON THE OTHER SIDE.
WELL, YOU HAVE TO TAKE THE ENTIRETY OF THE 132 ACRES INTO ACCOUNT, EVEN IF THE TWO PROPOSALS ARE SEPARATED NOT ONLY BY 16 YEARS OF TIME, BUT BY, YOU KNOW, ZACH, I DON'T KNOW IF YOU WANNA PUT IT UP ON THE SCREEN JUST TO SHOW THE DIFFERENCE, BUT BY THOUSANDS AND THOUSANDS OF FEET.
UH, IT'S, I THINK A LITTLE BIT OF TRYING TO HAVE IT BOTH WAYS.
UH, AND SO I WOULD SAY WITH REGARD TO THE ISSUE UNPRECEDENTED, WHAT OCCURRED PRIOR TO THIS, ADJACENT TO THE DRIVING RANGE HAS NO BEARING ON A 25 FOOT WOOD POLE NET THAT'S BEING PROPOSED ON THE 16TH GREEN TO ARGUE, THAT IS TO ARGUE THAT NO NET COULD EVER BE PUT UP IN ANY SITUATION ABOVE 12 FEET, ANYWHERE ON 132.8 ACRES OF SITE, NO MATTER WHAT THE CIRCUMSTANCES ARE EVER.
AND, AND AGAIN, TO, TO DISCOUNT THE SUNDALE APPLICATION, WHICH YOU'LL RECALL IS A MORE
[00:45:01]
RECENT PRECEDENT, 2018, GRANTING A HEIGHT VARIANCE FOR A TALLER NET.UH, SUNDALE IS NOT ALL THAT FAR AWAY, IT'S JUST ACROSS CENTRAL PARK AVENUE.
UH, AND IN THAT FINDING, YOU EVEN STATED IN YOUR APPROVAL RESOLUTION, EVEN IF IT WAS DEEMED SIGNIFICANT, EVEN IF IT WAS SELF-CREATED HARDSHIP, THE VARIANCE ITSELF STILL MET THE BALANCING CRITERIA AND THE VARIANCE WAS GRANTED.
UH, AND NOW I WANT TO TURN A LITTLE BIT TO THE SUBSTANTIVE LEGAL ELEMENTS THAT MS. MALLETT HAD TOUCHED ON.
UH, SPECIFICALLY, YOU KNOW, THERE'S NO STATED BENEFIT TO THE APPLICANT THAT WOULD OUTWEIGH DETRIMENTS.
AND I WANNA GO BACK TO THE ROOT OF WHAT YOU HAVE TO LOOK AT, WHICH ARE THE TANGIBLE IMPACTS OF THE VARIANCES PROPOSED.
I KNOW SHE USED A LOT OF NUMBERS, 97%, BUT WHAT THE CASE LAW HAS STATED, AND WHAT WE PUT IN THE RECORD SINCE OUR FIRST SUBMISSION TO YOU, IS THAT THE RELEVANT CRITERIA IS NOT A NUMERICAL PERCENTAGE OF VARIANCE.
IT'S THE ACTUAL IMPACTS OF THE VARIANCE ITSELF.
AND WHEN WE TALK ABOUT THE LOCATION OF THE TENNIS ENCLOSURE, THE CLUB ISN'T PUTTING IT THERE JUST FOR FUN.
A LOT OF THOUGHT WENT INTO THIS.
THEY'RE TRYING TO MAKE USE OF THE EXISTING TENNIS COURTS THEY HAVE, WHICH HAPPENED TO BE LOCATED CLOSE TO THE PROPERTY LINE IN MAKING A DECISION ABOUT WHICH COURTS TO UTILIZE.
THEY CHOSE THE ONES THAT WERE FURTHEST FROM THE RESIDENTIAL PROPERTIES.
THEY CHOSE THE ONES THAT WERE AT LOWER ELEVATION.
AND WHEN WE TALK ABOUT VIEWS AND OPEN SPACE AND LOOKING AT AN ENCLOSURE FROM THE STREET, IT'S NOT AS IF THE ENCLOSURE IS GOING UP AMIDST A A PARTICULARLY GREEN AREA.
WHAT YOU'RE SEEING IS FIRST A LARGE CONCRETE PARKING STRUCTURE AND THEN A BUBBLE A BIT BEYOND.
AND THAT'S, IF YOU WANNA LOOK UP, AND I WOULD POINT TO POINT OUT IN THE RECORD, WE PROVIDED RENDERINGS MONTHS AND MONTHS AGO.
THOSE RENDERINGS WERE CONSIDERED WHEN YOU LOOKED AT VISUAL IMPACTS IN YOUR NEGATIVE DECLARATION.
THERE'S BEEN NO EXPERT TESTIMONY, UH, CONTRADICTING THOSE RENDERINGS.
AND SO THERE'S BEEN NO CHANGE OF FACTS SINCE YOU ADOPTED THOSE ENVIRONMENTAL FINDINGS, FINDING LITTLE TO NO, UH, ENVIRONMENTAL IMPACT OF VISUAL NATURE.
SHE ALSO TALKED ABOUT FLOODING.
I I, I DON'T WANNA BELABOR THE POINTS I MADE EARLIER, BUT I, I WOULD SAY THE FACT THAT THERE IS A GENERALIZED NEIGHBOR CONCERN DOES NOT OFFSET THE EXPERT EVIDENCE THAT HAS BEEN PROVIDED TO YOU OR THE EXPERT REVIEW THAT HAS BEEN DONE BY YOUR INDEPENDENT CONSULTANTS.
UH, AND I WOULD STRONGLY, STRONGLY URGE THE BOARD TO LOOK AT THE EXPERT TESTIMONY AND THE SCIENTIFIC AND CALCULATED FINDINGS OF OUR STORM WATER POLLUTION PREVENTION PLAN.
UH, CERTAINLY IF YOU HAVE QUESTIONS ON THAT PLAN, WE HAVE OUR, OUR CIVIL ENGINEER WITH US, AND WE'RE HAPPY TO ANSWER THEM, UH, IN, IN CASE THERE IS ANY CONFUSION ABOUT WHAT IS ENCLOSED IN THAT, IN THAT STUDY.
UH, BUT THAT STUDY, AGAIN, WAS CONTEMPLATED IN YOUR NEGATIVE DECLARATION, IN YOUR EXPLICIT ENVIRONMENTAL FINDINGS.
UH, I I THINK THAT IS, UH, THE STATEMENTS WE HEARD, EVERYTHING ELSE PERTAIN TO THE DRIVING RANGE.
SO SIX AND A HALF TO SEVEN MONTHS.
UM, IF, IF YOU HAVE ANY QUESTIONS OR IF THERE'S ANY OTHER POINT THAT WAS RAISED THAT YOU WOULD LIKE GRA GREATER CLARIFICATION ON FROM THE APPLICANT'S PERSPECTIVE, WE'RE HAPPY TO GIVE IT TO YOU.
UM, WE WANNA MAKE SURE YOU'VE GOT A, A FULL RESPONSE FROM US.
I DON'T KNOW IF THERE'S ANYONE IN THE AUDIENCE NOW THAT HAS ANY ADDITIONAL COMMENTS.
UH, JUST QUICKLY, UM, THE PURPOSE OF PRECEDENT IS THAT, AS WE ALL KNOW, IS THAT THERE BE CONSISTENCY IN YOUR DECISION MAKING AS YOU GO FORTH.
UM, I NEVER SAID IN MY STATEMENT THAT IF YOU DECIDE THIS, IT MEANS THAT THERE CAN NEVER BE NETTING.
BUT THE LAW IS VERY CLEAR, AND I KNOW MR. REBEL KNOWS IT.
THE LAW IS THAT THEY HAVE TO SHOW A MATERIAL CHANGE IN CIRCUMSTANCES IN ORDER TO HAVE, IN ORDER FOR YOU TO MAKE A DECISION DIFFERENCE FROM THE PRECEDENT.
YOU HAVE ALREADY ESTABLISHED ON THIS IN THIS COURSE BY THE SAME APPLICANT, WITH THE SAME LAW FIRM, AND THERE HAS NOT BEEN A SHOWING OF MATERIAL CHANGE IN CIRCUMSTANCES FOR THE NETTING.
UM, IN TERMS OF MR. BLAND'S, UM, AND THE FACT THAT NEIGHBORS SAY THEY WANT IT, THIS IS LITERALLY WA THEIR ENTIRE APPLICATION, IF YOU GO BACK AND READ THE PAGES FROM 2004, IS BECAUSE
[00:50:01]
A BUILDING SAID THEY WANTED IT.THAT'S WHAT THEY SAID, STARTED THEIR ENTIRE APPLICATION.
EVERY DOCUMENT, NOT EVERY DOCUMENT.
MANY OF THE DOCUMENTS THEY SUBMITTED IN 2004 WERE BECAUSE THEY SAID THE TENANTS OF ONE 40 EAST HARTSDALE WANTED THE NETTING.
AND THERE WAS MANY SHOWINGS OF BROKEN WINDOWS, UM, AND DAMAGE TO BUILDINGS AND DA AND BALLS THAT WENT THROUGH DINING ROOM WINDOWS.
BUT THAT WASN'T ENOUGH FOR THE, FOR THE, FOR THE NETTING TO BE APPROVED BY THIS BOARD FOR ALL THE REASONS THAT I SAID, THERE ARE FEASIBLE ALTERNATIVES.
SO THERE'S NOT ENOUGH OF A SHOWING THERE ARE FEASIBLE ALTERNATIVES, AND THAT IS TREE SCREENING.
UM, THERE OBVIOUSLY NEEDS TO BE MORE TREES OR THEY COULD CHANGE THE DIRECTION OF THE GREEN.
I DON'T KNOW WHERE THE BALLS ARE COMING FROM, BUT THERE ARE ALTERNATIVES.
AND THEY HAVE NOT PRESENTED ANY OF THEM FOR THE NETTING ON THE 16TH GREEN.
I DON'T WANT TO GET INTO TOO MUCH OF A BACK AND FORTH.
UH, AND PERHAPS JUST TO CLARIFY, IN CASE MS. MAL DID NOT UNDERSTAND, UH, A CHANGE IN FACTOR CIRCUMSTANCE, AGAIN, WE'RE TALKING ABOUT AN NETTING HALF THE HEIGHT, SEVERAL THOUSAND FEET AWAY ADJACENT TO AN ENTIRELY DIFFERENT NEIGHBORHOOD.
AND WHILE YES, THERE WERE NEIGHBORS IN FAVOR OF BOTH APPLICATIONS IN THIS INSTANCE, THERE ARE NO NEARBY NEIGHBORS WHO HAVE ANY ISSUE WITH THE NETTING THAT IS CURRENTLY PROPOSED.
UH, AGAIN, AS YOU HEARD FROM MR. BLAND, IT STANDS TO REASON THAT THE NETTING SHOULD BE AS CLOSE TO THE PROPERTY LINE AS POSSIBLE, THAT ALLOWS IT TO BE SHORTER THAN IT WOULD OTHERWISE BE.
THE CLOSER YOU GET TO THE T, THE CLOSER YOU ARE TO THE HIGHER ARC AND THE HIGHER THE NETTING HAS TO BE, THE FURTHER BACK IT IS, THE MORE EFFECTIVE IT IS AT A LOWER HEIGHT.
UH, AND AS YOU ALSO HEARD FROM MR. BLAND, THE TREE SCREENING, UH, DOES NOT APPEAR TO BE ADEQUATE HERE.
AND TREES IN GENERAL DO NOT APPEAR TO BE ADEQUATELY SHIELDING THE GOLF BALLS.
UM, SO AGAIN, SIGNIFICANT DIFFERENCE IN CIRCUMSTANCES HERE.
UH, WHETHER SHE, MS. MALLOW AGREES THAT THEY ARE MATERIAL OR NOT, I SUPPOSE, AS A MATTER OF, OF HER OPINION, UH, BUT WE WOULD SAY THAT THIS IS NOT ONLY APPLES AND ORANGES, THIS IS REALLY APPLES AND AUTOMOBILES.
I I JUST HAVE TO MAKE IT REALLY CLEAR, AND I SHOULD HAVE SAID IT BEFORE.
THE NETTING I'M TALKING ABOUT WAS NOT NEAR ANY RESIDENTIAL HOMES, AND IT WAS DENIED BY THIS BOARD.
IT DOESN'T, THE FACT THAT IT'S NEAR A HOME DOESN'T MATTER IF YOU USE THE SAME DECISION MAKING, UM, CRITERIA THAT YOU, THAT THIS BOARD HAS ALREADY DECIDED FOR NETTING, IT MUST BE DENIED.
AND THE NETTING THAT WE'RE RELYING ON IS NETTING.
THAT WAS LITERALLY IN THE INTERIOR OF THE CLUB.
'CAUSE THE COURSE, 'CAUSE THIS BOARD SAID THERE ARE ALTERNATIVES AND THIS, THERE IS A DANGER TO THE ENTIRE COMMUNITY HERE BECAUSE THIS NETTING POLE WOULD BE LESS THAN THREE AND A HALF FEET FROM A RESIDENTIAL HOME.
AND HALF THE GOLF COURSE IS SURROUNDED BY RESIDENTIAL PROPERTIES.
SO YOU WILL BE SETTING A PRECEDENT FOR THE FUTURE AND DENYING THE PRECEDENT AND IGNORING THE PRECEDENT FROM THE PAST.
SHOULD YOU VOTE YES FOR THE NETTING? THANK YOU.
I WOULD LIKE TO SAY SOMETHING.
UH, MADAM CHAIR, DO YOU WANNA HEAR FROM MR. BLAND OR THE PERSON AT THE MICRO? I WANNA HEAR FROM MR. BLAND.
GO AHEAD, MR. BOWDEN, PLEASE HOLD.
UH, CAN I START MY VIDEO AGAIN? YES.
THE ATTORNEY, UH, KEEP KEEPS TALKING ABOUT PRECEDENT, AND I WILL REMIND HER THAT THERE WAS NEVER A REQUEST FOR A NET AT THE 16TH GREEN OR ANYWHERE NEAR IT, EVER IN THE HISTORY OF TIME.
AND REGARDING SOME OTHER PRECEDENTS, THERE ARE MANY VERY HIGH NETS ON THIS GOLF COURSE ALREADY.
THERE IS A VERY LARGE NET, A HIGH NET, MUCH HIGHER THAN 25 FEET ALONG THE 18TH FAIRWAY.
AND I KNOW THAT, UH, I DON'T KNOW THE CONTROVERSY ABOUT IT.
I DON'T KNOW THAT IT EVER CAME, CAME, CAME BEFORE THIS, UH, BOARD, BUT THERE IS A NET ALREADY THERE.
AND THERE ARE NETS, I BELIEVE THAT THE GOLF COURSE HAS INSTALLED IN THE YARDS OF
[00:55:01]
RESIDENTS, MEANING NOT ON THE GOLF COURSE, BUT IN THE YARDS OF RESIDENTS.UM, BECAUSE THAT'S ANOTHER ALTERNATIVE.
IF YOU'RE TRYING TO STAY SAFE, IF YOU'RE TRYING TO PROTECT YOUR FAMILY, IF YOU'RE, IF YOU'RE TRYING TO JUST SURVIVE, THAT'S ANOTHER ALTERNATIVE.
SO I REALLY WANNA CHALLENGE THIS ATTORNEY FOR HER PRECEDENT ARGUMENT BECAUSE THERE HAS NEVER BEEN A REQUEST FOR WHAT I AM ASKING FOR.
I'VE LIVED HERE FOR 35 YEARS, AND I'VE LIVED WITH THESE GOLF CO, UH, GOLF BALLS COMING INTO MY YARD MANY, MANY YEARS.
I'M JUST ASKING FOR A LITTLE SAFETY, A LITTLE MORE SAFETY.
AND I WOULD ACTUALLY ASK THAT.
AND I, AND BILL MENARD KNOWS THIS OF THE GOLF COURSE.
I WOULD LIKE IT TO BE A LOT HIGHER THAN 25 FEET.
AND, BUT THEY WILL ONLY DO 25 FEET.
UH, AND I'M VERY TIRED ABOUT BRINGING UP THE IMPACT ON THE NEIGHBORHOOD.
THE NEIGHBORHOOD THAT I LIVE IN SUPPORTS THIS.
THEY SUPPORT THE BUBBLE, THEY SUPPORT THE NET.
THEY ACTUALLY SUPPORTED THE NET ALONG THE DRIVING RANGE ALSO.
BUT THAT'S MOOT BECAUSE THAT'S BEEN WITHDRAWN AND I'M JUST VERY TIRED OF TAKING MONTHS AND MONTHS AND MONTHS OF GETTING WHAT SEEMS LIKE A VERY SIMPLE DECISION DONE.
THIS IS A, UH, LESSON I LEARNED FROM ATTENDING THE M T A MEETINGS IN NEW YORK METROPOLITAN TRANSIT ASSOCIATE.
IF YOU SAY IT TO AN INTELLIGENT BOARD, AND IT'S OBVIOUS FROM STANDING HERE TONIGHT, THIS IS AN INTELLIGENT PORT.
YOU DON'T HAVE TO REPEAT IT 14 TIMES, REPETITION DOESN'T WORK, AND IN FACT, DEPRECIATES IT.
YOU DON'T GET PAID BY THE HOUR.
YOU GET PAID TO GIVE INFORMATION BRIEFLY AND LEAVE IT.
THIS BOARD IS QUITE CAPABLE OF UNDERSTANDING IT THE FIRST TIME.
IT DOESN'T HAVE TO BE REPEATED.
YOU DON'T GET PAID BY THE HOUR, YOU GET PAID TO PRESENT.
PRESENT THE FACTS ONCE MR. BON AND GET AWAY.
YOU PLEASE PRESENT TO THE BOARD.
YEAH, YOU PRESENT TO THE BOARD.
ANY, UNLESS WE HAVE SOMEONE NEW AT THIS POINT, I'D LIKE TO MOVE ON.
UM, WE'RE READY FOR THE NEXT APPLICATION.
CAN YOU GUYS HEAR ME WELCOME? YES, WE CAN HEAR YOU JUST FINE.
I KNOW IT'S LATE, SO I TRY, I WILL TRY NOT TO TAKE UP TOO MUCH.
UM, THIS IS REGARDING THE K F C ON, UM, AT THREE 50 SAWMILL RIVER ROAD.
UH, I'LL GO AHEAD AND JUST SHARE THE SCREEN ONE MORE TIME SO THEN YOU GUYS CAN REFER TO THAT.
UM, I'M NOT GONNA GO THROUGH THE, THE WHOLE PRESENTATION UNLESS YOU GUYS ASKED ME TO, BUT, UM, FROM MY UNDERSTANDING FROM THE PREVIOUS MONTH, UH, DURING THE DELIBERATION, UM, YOU KNOW, WE'RE TRYING TO, UH, REPLACE AND RENEW THE TWO, THE, THE, THE SIGNS, THE TACO BELL AND THE K F C AND ALSO, UH, ADD THIS WORLD FAMOUS CHICKEN.
AND THEN THREE OTHER, UH, ARTWORK.
UH, WHERE IS IT? THREE ARTWORK PANELS ON THE DRIVE-THROUGH SIDE, WHICH IS NOT VISIBLE FROM THE ROAD AT ALL.
UM, FROM THE, FROM WHAT I UNDERSTAND FROM THE PREVIOUS MEETING, UM, UH, AS LONG AS WE'RE REPLACING IT IN SIZE AND KIND WITH THE TWO, WITH THE SIGNS AT THE FRONT, WE'RE OKAY.
BUT I BELIEVE THE QUESTION AT HAND WAS THE WORLD FAMOUS CHICKEN DECAL.
UH, I JUST WANT TO EXPLAIN THAT THAT'S JUST A PAINTED DECAL.
UM, THERE'S NO ILLUMINATION TO IT OR ANYTHING LIKE THAT.
IT'S JUST A STENCIL THAT THEY PAINT ON.
UM, BUT OF COURSE WE WOULD REALLY LIKE TO HAVE THAT.
BUT OF COURSE, IF, IF THAT IS A, AN ISSUE WITH THE BOARD WHERE THEY SEE THAT IT'S NOT, NOT NECESSARY, UM, WE'LL BE HAPPY TO REMOVE IT.
SO THAT'S, THAT'S ALL I I WANTED TO UPDATE ON IT.
IT, AND I DON'T WATCH A LOT OF TELEVISION, BUT I DO SEE A NUMBER OF COMMERCIALS AND IT STRIKES ME THAT THE WORLD'S FAMOUS CHICKEN IS SOMETHING THAT IS NEW TO KENTUCKY FRIED CHICKEN RECENTLY.
UM, YEAH, I MEAN, UH, IT GOES THROUGH, YOU KNOW, THEY HAVE THEIR OWN MARKETING TEAM AND EVERYTHING, SO THEY, YOU KNOW, THROUGHOUT THE YEAR, THEY CAN, UH, YOU KNOW, THEY, THEY WORK ON DIFFERENT CONCEPTS AND DIFFERENT IDEAS.
AND THIS IS THE CURRENT WHEN, AND AS
[01:00:01]
I SAID, I'M THE OWNER OF THE STORE ALONG WITH MY FATHER.UM, NOW WHENEVER YOU GO THROUGH RENOVATIONS, UH, PART OF YOUR FRANCHISEE AGREEMENT, UH, YOU KNOW, THEY WANT YOU TO UPDATE IT ACCORDING TO THE NEW IMAGE THAT THEY HAVE, UM, UH, DELIVERED TO TO, TO THE, UM, TO THE BRAND.
UM, SO YES, UH, WORLD FAMOUS CHICKEN IS, UH, IS THEIR NEW SLOGAN THAT THEY WANNA USE, WHICH I GATHERED.
UM, I I I JUST FIND IT TO BE EXTRANEOUS AT THIS POINT.
I MEAN, YOU BOTH TACO BELL AS WELL, AS WELL AS, UH, COLONEL SANDERS AND KENTUCKY FRIED CHICKEN ARE SO WELL INGRAINED IN OUR, IN OUR CULTURE, TO BE HONEST.
AND AS I SAID IN THE FRONT, WE ARE JUST REPLACING WHAT WE ALREADY HAD TO SOME NEWER ONES.
THIS STORE WAS IN DESPERATE NEED OF SOME RENOVATIONS.
I, I, I, I'VE LIVED HERE FOR A LONG TIME, SO I, I'M AWARE OF THAT.
IT, IT DID NEED TO BE, YOU KNOW, YES.
I'M LOOKING FOR, I DON'T THINK YOU NEED ALL OF THESE, YOU KNOW, ADDITIONAL SIGNS OR ADDITIONAL ADVERTISEMENT AT THIS POINT.
NOT ONLY IS THE LOCATION A GREAT LOCATION FOR YOU NOW THAT THEY'RE MM-HMM.
AND I JUST WANNA POINT OUT AND WE FIND IT
I I, I, I JUST DON'T, THAT, THAT'S JUST MY FEELING THAT, YOU KNOW.
AND I DO WANT TO, I'M GONNA GO AND SWITCH TO, UH, GOOGLE EARTH REALLY QUICK.
AND JUST, AND SHOW YOU GUYS, UM, WHAT I MEAN, AND AS I'M SURE YOU'RE AWARE OF THE SIGNS, SO WE ALREADY HAVE THESE SIGNS UP.
AS I SAID, WE ARE UPDATING THE ENTIRE STORE.
WE REMOVED THE, THE SIGN TOWARDS THE LEFT FACING SAWMILL RIVER ROAD AS, BECAUSE ALL THESE TREES, IT WAS UNNECESSARY AND WHY SPEND THE MONEY ON IT? UM, SO WE ARE JUST REP REPLACING IT TO A FRESHER BRAND NEW IMAGE.
UM, AND THEN WE WERE HOPING TO GET THAT WORLD FAMOUS CHICKEN ON THE LEFT OF THE ENTRANCE.
OF COURSE, LIKE YOU SAID, IF, IF IT'S SOMETHING THAT, THAT YOU GUYS DON'T SEEM NECESS DEEM NECESSARY, WE'LL BE HAPPY TO REMOVE IT.
I'LL LISTEN TO WHAT THE BOARD HAS TO COMMENT ON THIS.
IF ANYTHING, I, I SUPPORT, UM, EVE ON THIS THAT I THINK IT'S SUPERFLUOUS.
AND IF, AS YOU'RE SAYING IT'S THE, UH, MARKETING SCHEME OF TODAY AS OPPOSED TO THREE YEARS FROM NOW, IT COULD BE A DIFFERENT PHRASE.
OR THREE YEARS AGO IT WAS A DIFFERENT PHRASE.
I, I, I, I THINK IT LOOKS BETTER WITHOUT IT AND LESS OBTRUSIVE.
UM, SO AS, AS A FRANCHISEE, YOU'RE OBLIGATED TO REFRESH YOUR STORE EVERY 10 YEARS, UM, WHERE, WHERE IT'S A MINOR REMODEL OR THEN A OR IF YOU'RE IN NEED OF A MAJOR REMODEL.
UM, SO IT WOULDN'T BE SOMETHING WHERE YOU WOULD BE REFRESHING OR, OR, YOU KNOW, REPAINTING SOMETHING NEW EVERY THREE YEARS OR SO.
IT WOULD BE A LONG TIME IN BETWEEN, UM, THOSE TWO, IF THERE WAS SOME, IF THERE WAS A MAJOR CHANGE.
YOU WANNA ASK A QUESTION? I ASSUME MY NAME IS MURRAY.
THE FIVE FLOWERS IN FRONT OF TOWN HALL ARE MY CREATION.
THE ZOO SCULPTURES BEHIND THE LIBRARY ARE MY CRE CREATIONS.
UH, I WANNA SPEAK ABOUT THE WALL THAT YOU DON'T SEE THERE.
IT WAS A BLANK WALL BEFORE THEY'VE PUT SOME, UH, INTERESTING ART THERE.
OR THEY, THE LAST TIME I SAW IT WAS THERE AND, UM, THAT THOSE THERE REFERRING TO.
YEAH, AND I THINK ARTISTICALLY THAT'S A GOOD IDEA.
ART CHANGES TODAY, THE SCULPTURES THAT I PUT IN FRONT OF THE LIBRARY, ONE OF 'EM WAS REPAINTED FROM MULTICOLORED TO RED BY THE TOWN.
IDEAS OF BRANDING HAVE CHANGED.
MY COLOR SCHEMES HAVE CHANGED, AND I APPRECIATE THE FACT THAT THEY TOOK THE BLANK WALL AND CREATED SOME ART, AND I HOPE THEY CHANGE IT ON A ROTATING BASIS.
AND I JUST WANT TO, UH, TOUCH BASE ON, ON WOOD, HE PROPOSED.
SO, UM, THIS WALL IS NOT VISIBLE FROM THE STREET WHATSOEVER.
[01:05:01]
THIS IS THE EXISTING, UH, K F C RIGHT OVER HERE.UM, IT'S ON THE DRIVE-THROUGH ENTRY SIDE.
SO WHEN YOU SEE THE STARS, WHEN THEY, WHEN THE CARS, WHEN THEY LINE UP, IT'LL BE AGAINST THAT WALL OF THE BUILDING.
I, I DIDN'T HAVE ANY OPPOSITION TO THAT AT ALL.
IS THERE ANYONE WHO WANTED TO COMMENT ON THIS OTHER THAN MR. BOWDEN AT, AT THIS POINT? OH, I SEE.
AND, UH, DON'T BELIEVE THERE'S ANYONE ON ZOOM.
UM, I DON'T KNOW IF YOU HAVE ANY ADDITIONAL COMMENT YOU WISH TO MAKE, SIR.
UH, AS I SAID, IF, IF THE, UM, IF, IF THE PAINTED DECAL IS AN ISSUE, UM, AND YOU DEEM IT UNNECESSARY, WE'LL BE HAPPY TO REMOVE IT.
SO THEN WE DON'T HAVE TO, UM, GO TO THE NEXT MONTH.
SO THEN WE CAN GO AHEAD AND PUT IN THAT ORDER.
BECAUSE IT IS A, THERE'S A PRETTY LONG LEAD TIME
AND WITH THAT, WE ARE ADJOURNED FOR DELIBERATIONS.
AND AS I SAID, THOSE OF YOU WHO HANG AROUND CAN CERTAINLY LISTEN TO US, BUT NOT, UH, INVOLVE YOURSELVES VERBALLY, AT LEAST.
I STRONGLY IN THE STRONGEST WAY OPPOSE THIS PROPOSAL.
I AGREE IT IS SLIGHTLY BETTER THAN WHAT IS THERE NOW, BUT THAT'S NOT A REASON TO APPROVE IT.
UM, IT IS JUST A NEW VERSION OF A BAD PROJECT THAT IN A FEW NUMBER OF YEARS MIGHT VERY WELL LOOK AS BAD.
MOSTLY WHAT, WHAT REALLY IN I FEEL INSULTED BY THIS PROJECT IS THAT IT'S COMPLETE FLAUNTING OF EVERY ZONING RESTRICTION, UM, ON THE SITE.
AND IT SHOWS COMPLETE DISRESPECT FOR THE ZONING CODE FOR THE TOWN.
AND LITERALLY FOR THIS WHOLE PROCESS, THERE'S NO ATTEMPT HAS BEEN MADE TO COMPLY WITH ANY DIMENSION ON ANY OF THE SIDES IN THE HEIGHT OR ANYTHING.
IT HAS, IT HAS BASICALLY BEEN, I THINK, A DEVELOPER JUST SAYING, I'M GONNA BUILD WHAT I WANNA BUILD.
I DON'T CARE ABOUT YOUR RULES.
AND THIS IS EVERY PENNY THAT I CAN SQUEEZE OUT OF THIS SITE.
AMAZING TO ME IS, IS THAT, YOU KNOW, EVERYTHING THEY'RE COMPLAINING ABOUT OR EVERYTHING, EVERY RULE THEY WANNA BREAK, THEY KNEW IN ADVANCE OF PURCHASING.
THE FACT THAT THEY SAY ELMSFORD HAS DIFFERENT ZONING THAN RECORDING IN PROGRESS.
ELMSFORD HAS DIFFERENT ZONING FROM GREENBURG.
WHAT'S FA AND IS HIGHER AND DENSER.
WHAT'S ASTOUNDING IS THAT THE BULK OF THE BUILDING THAT IS SO OFFENSIVE IS ON GREENBURG PROPERTY.
AND THE LOW DENSITY IS ALL ON THE ELMSFORD SIDE.
IT REALLY JUST SEEMS LIKE SUCH A FLAGRANT STATEMENT THAT THEY DON'T CARE ABOUT THE ZONING LAWS.
UM, THERE'S NO ATTEMPT TO DO ANY CREATIVE DESIGN OR ANY WAY TO MEET ANY.
THERE WAS JUST NOTHING DONE TO COMPLY WITH ANYTHING.
THE CURRENT GREENBERG ZONING FOR THIS AREA INCLUDES THIS TYPE OF USE.
SO IT'S NOT LIKE, WELL, THE ZONING DOESN'T FIT OUR KIND OF USE.
UM, THEY, THIS IS TOTALLY SELF-MADE IN EVERY SINGLE DIMENSION.
IF THEY HAD EVEN TRIED ON ONE SIDE OF THE BUILDING TO SAY, OKAY, ON ONE SIDE WE'LL MEET IT, OR ON THE HEIGHT OR ON SOMETHING, THEY DIDN'T TRY ANYTHING.
UM, THEY, THEY MADE NO ATTEMPT TO WORK WITHIN THE LAW.
I NOT ONLY OPPOSE THIS PROPOSAL AS STRENUOUSLY AS POSSIBLE, BUT AM INSULTED BY THE ARROGANCE AND THE SLAP IN THE FACE TO ZONING CODE THAT THIS PROPOSAL PRESENTS.
DO, DO ME A FAVOR, REPEAT WHAT YOU SAID INITIALLY, BECAUSE IN LISTENING TO IT, WHAT I HEARD WAS SOMETHING THAT I'M SAYING TO MYSELF.
DID I HEAR IT CORRECTLY? JUST, JUST THE VERY BEGINNING ABOUT THE CONSTRUCTION.
AND YOU SAID, WHAT I OPENED UP BY SAYING THE, THE PURPOSE OF ZONING, THE WHOLE PURPOSE OF ZONING LOSS IS TO ADVISE NEW CONSTRUCTION TO BE DONE WELL, AND ALSO TO CORRECT BAD CONSTRUCTION OF THE PAST WHEN SOMETHING NEW WAS BUILT.
[01:10:02]
NO.AND THAT'S WHAT THIS IS DOING.
THE ORIGINAL CONSTRUCTION WAS BAD.
IF YOU'RE GONNA RIP IT ALL DOWN, LET'S DO IT.
THE ZONING MAY NOT HAVE EXISTED WHEN THE FIRST BUILDING WENT IN, BUT IT DOES EXIST NOW.
AND I THINK IT'S, THE INSULT OF THIS IS JUST EXTRAORDINARY TO ME.
WELL, I WON'T COMMENT ON MY THOUGHTS ON THAT YET.
I'D LIKE TO HEAR FROM OTHER MEMBERS OF THE BOARD.
UH, THIS CASE HAS BEEN DELIBERATED.
THE PURPOSE OF THE, UM, THIS CASE HAS BEEN DELIBERATED BEFORE.
AND THE PURPOSE OF THE ZONING BOARD OF APPEALS IS TO LOOK AT EACH AND EVERY ONE OF THE, UM, FOR THE, UH, THE ZONING BOARD TO TAKE A LOOK AT WHETHER EITHER GRANTING OR DENYING.
AND IF WE HAD FOUND ANY REAL REASON TO ASK FOR CERTAIN REDUCTIONS IN THEIR REQUESTS, WE WOULD HAVE ASKED THEM FOR IT.
I SAID, THIS IS BETTER THAN WHAT'S THERE NOW.
UM, YOU HAD SAID THAT IT'S SLIGHTLY BETTER THAN WHAT IS THERE NOW.
IT IS GOING TO BE LARGELY BETTER THAN WHAT IS THERE NOW.
SO, UM, I DO NOT FEEL THAT IT IS A SLAP IN ANYBODY'S FACE THAT THEY ARE REQUESTING THE MAXIMUM THAT THEY CAN REQUEST.
UM, IF I WERE IN THEIR SHOES, I WOULD DO THE SAME THING.
IT'S UP TO THE ZONING BOARD OF APPEALS TO DETERMINE WHETHER OR NOT THESE, THIS APPLICATION GOES BEYOND WHAT IS RATIONAL.
AND, UM, I BELIEVE IN WHEN WE LOOKED AT THE VARIOUS, UM, REQUIREMENTS THAT THEY'RE LOOKING FOR, THAT WE DID NOT FIND ANYTHING, UM, SERIOUS TO TELL THEM THAT THEY SHOULD REDUCE, UH, WHAT THEY'RE LOOKING FOR.
UH, I AM SORRY I WAS NOT ABLE TO BE HERE LAST MONTH.
I FELT EXACTLY THE SAME WAY OF, UNFORTUNATELY, I WAS NOT SOMEWHERE WITH ANY KIND OF SERVICE WHERE I COULD HAVE PARTICIPATED, BUT I WAS HAPPY TO HEAR THAT DECISION HADN'T BEEN MADE.
UM, I I, YOU SAID THAT THIS OUR, OUR, OUR ROLE IS TO LOOK AND SEE IF IT'S RATIONAL.
UM, I GUESS I LOOK AT IT AS THE GOING BE BREAKING, NOT BREAKING, BUT ASKING EXEMPTION TO THE LAW NECESSARY AND RATIONAL AND NOT SELF-IMPOSED.
THIS IS COMPLETELY SELF-IMPOSED.
I DO NOT SEE A RATIONALE FOR IT IN MY UNDERSTANDING.
AND, YOU KNOW, BUT YOU KNOW, EVERY, WE'RE ALL ENTITLED TO WORLD OPINIONS.
UM, I, I WAS ACTUALLY THRILLED TO FIND OUT IT HADN'T BEEN VOTED ON.
'CAUSE I REALLY HAD WANTED TO VOTE ON THIS ONE.
UM, WELL, I'M GLAD ED IS BACK
I, SO NOW WHAT HAPPENED,
THERE'S, UM, NO, IT'S NOT NECESSARY TO BE ON THE ZOOM ANYMORE.
SO FOR EVERYONE ON ZOOM, IF YOU COULD KINDLY, UM, GO TO THE TOWN OF GREENBURG AND GO TO THE TOWN BOARD, UH, WATCH LIVE BOARD MEETINGS.
UM, SO WE'RE GONNA STOP THE ZOOM AT THIS POINT.
AND, UH, YOU CAN JUST WATCH ON, ON THE TV OR ON THE LIVE FEED.
IT SAYS HOW TO WATCH ON CABLE ACCESS.
WHAT, WHAT WOULD YOU DO?
[01:15:01]
HAVE HAD CASES IN FRONT OF THE BOARD BEFORE WHERE THEY ABSOLUTELY WERE DOING IT JUST BECAUSE THEY WANTED TO DO IT.UM, AND WE ACTUALLY MADE THAT PERSON REALIZE THAT HE WAS BEING COMPLETELY SELF-CENTERED AND ONLY DOING IT BECAUSE THAT'S WHAT HE WANTED TO DO.
UM, HE'S, THIS CASE IS DOING IT TO TRY AND MAKE MAXIMUM USE OF THE, UM, THE SPACE THAT'S AVAILABLE.
I GUESS WHAT I CAN, I COULD TEST JUST, IT'S NOT AVAILABLE.
FIVE FEET IS FIVE STORIES IS NO DIFFERENT FROM 30 STORIES.
THEY'RE ALL LAW IS NOT FIVE STORIES, SO, WELL, THAT'S WHY THEY'RE IN FRONT OF THE ZONING BOARD.
APPEALS DON'T, OUR JOB IS TO PROVIDE RELIEF FROM THE LAW.
SO THAT'S, THAT'S WHY THEY'RE FOR THE BOARD.
I DIDN'T SEE WHERE TWO STORIES COULDN'T MAKE MONEY.
I DON'T, OR STAYING WITHIN THE LAW, TO BE HONEST.
I DON'T KNOW WHAT, WHAT THE HEIGHT.
THE HEIGHT I THINK IS FOUR STORIES.
THEY WERE COMMITTED, THEY WANTED FIVE.
UM, WHY DIDN'T THEY KEEP IT? HALF OF THE SITE IS IN ELMSFORD MORE THAN HALF, BUT THEY DIDN'T, THEY'RE NOT BUILDING ON THE ELMSFORD SIDE VERY MUCH.
MOST OF ALL OF BULK IS ON THE GREENBURG SIDE, THE PARKING LOT AND ALL OF THAT IS ON THE ELMSFORD SIDE, ALONG WITH PART OF THE BUILDING.
BUT THEY, THEY PUT THE BULK OF, I DON'T KNOW.
I CAN PULL IT OUT, BUT I DON'T, I DIDN'T EVEN BRING MY FOLDER.
UM,
I THINK IT'S A VAST IMPROVEMENT OF WHAT'S THERE.
THE PLANNING BOARD GAVE IT A POSITIVE RECOMMENDATION.
UH, AT THIS POINT I JUST, I GUESS I, YOU KNOW, IT'S, IT'S CLEAR THAT, YOU KNOW, THERE'S NOT GONNA BE FOUR VOTES.
SO, UM, I THINK WE SHOULD REALLY DISCUSS THE PROCEDURE.
AND I THINK TYPICALLY THE ZONING BOARD WE'VE UNFORTUNATELY WITH THROUGH COVID, IT'S BEEN DIFFICULT, YOU KNOW, GETTING A FULL BOARD.
BUT, UM, I THINK WE'LL GET THERE AT SOME POINT SOON.
BUT WITHOUT THE, THE FOUR VOTES, I THINK THE PROTOCOL HAS BEEN TO, UM, MOVE TO THE NEXT MEETING, UM, WHERE THERE MAY BE MORE BOARD MEMBERS.
UM, IS THAT SOMETHING THE BOARD WANTS TO CONSIDER OR DOES THAT REQUIRE A VOTE OR, WELL, SINCE IT'S BEEN CLO THE HEARING HAS BEEN CLOSED.
IF YOU WANT TO, UH, EXTEND THE TIME, YOU HAVE 60 DAYS TO RENDER A DECISION, UH, YOU WOULD, UH, AND IN LIGHT OF WHAT'S BEEN SAID TONIGHT, UH, PERHAPS THE BETTER COURSE WOULD BE TO REOPEN THE HEARING AND ALLOW THE, UH, EITHER SEND A LETTER TO THE APPLICANT SAYING WHAT WE'RE LOOKING FOR OR SAY TO THE APPLICANT, YOU'VE HEARD THE DELI, THE DELIBERATIONS COMMENTS MADE DURING DELIBERATIONS.
UH, COME BACK TO US WITH WHATEVER IT IS.
YOU WANT TO COME BACK TO US WITH THAT.
I SAID, UH, GIVEN WHAT, UH, SEAN HAS EXPRESSED, IT'S SOMETHING THAT THE APPLICANT, YOU KNOW, SHOULD HAVE AN OPPORTUNITY TO ADDRESS.
AND ALSO, UM, I WAS REALLY SOMEWHAT TAKEN ABACK BY WHAT SHE WAS SAYING,
BUT AS YOU SAID, WE REALLY CAN'T COME TO, I DON'T THINK A POSITIVE VOTE GIVEN WHAT SHE'S INDICATED THIS EVENING.
SO THEREFORE WE HAVE TO DO SOMETHING.
AND THAT SEEMS TO BE THE BETTER COURSE OF ACTION.
AND BY THE, BY THE WAY, YOU, I THINK YOU SAID AT THE OPENING THAT THE OCTOBER MEETING'S ON OCTOBER 10TH, AND I DON'T BELIEVE SO.
UM, MAY HAVE SAID THE 20TH, BUT JUST TO BE ABSOLUTELY CLEAR, OH, UM, IT'S OCTOBER 20TH.
AND THAT'S MORE THAN THE 60 DAYS, SO, OKAY.
THE DEFAULT IS A DENIAL AS YOU KNOW, IT'S NOT LIKE THE PLANNING BOARD.
SO IS THERE ANYTHING THAT, OR, OR I GUESS, I GUESS SHAUNA, MAYBE IF YOU WANT, YOU COULD SUGGEST WHAT YOU WOULD PROPOSE TO THE APPLICANT TO CONSIDER SINCE YOU'LL HAVE THE, UM, CONCERNS.
YOU DON'T HAVE TO DO IT TONIGHT IN RULES.
[01:20:01]
YEAH, MY MY, BUT I'M SAYING YOU MIGHT, YOU MIGHT HAVE SUGGESTIONS AS TO WHAT YOU THINK WOULD WORK, BUT YOU CAN'T JUST SAY, COMPLY WITH THE ZONING.
'CAUSE THAT'S WHY THE BOARD, BUT YEAH.
WELL WE CAN'T, YOU KNOW, IT DOESN'T, COMPLIANCE WHAT CAME ACROSS WAS THEY NEVER THOUGHT ABOUT THE ZONING.
IT, IT, THAT IT DIDN'T COME ACROSS IT THAT HAD EVER BEEN CONSIDERED IN THIS DESIGN.
WELL, I THINK THEY CONSIDERED IT BECAUSE WE HAVE, YOU KNOW, DISCUSSIONS ABOUT HOW DO WE TAKE IT, YOU KNOW, EITHER TAKE ADVANTAGE OF WHAT WE DO HAVE, WE CAN WORK WITH AND HOW DO WE WORK AROUND, YOU KNOW, THE FACT THAT WE HAVE THIS, YOU KNOW, KMS BETWEEN THESE TWO, YOU KNOW, ZONING CODES FOR THIS ONE PROPERTY, WHICH IS SOMEWHAT UNUSUAL AND IT'S NOT AS THOUGH IT'S SOMETHING THAT, YOU KNOW, IT'S NOT A, IT'S NOT A VACANT PIECE OF PROPERTY.
UM, AND I GUESS THIS IS FOR ED.
IF IT WERE BE TO BE DENIED, COULD THEY NOT COME BACK WITH A NEW DESIGN AND REQUEST IT AND START THE PROCESS OVER? WELL WOULD HAVE TO BE SOMEWHAT DIFFERENT FROM THE ONE THAT WAS DENIED.
SO EVEN IF IT'S DENIED BECAUSE WE DON'T HAVE THE VOTES, THEY CAN ALWAYS COME BACK WITH A NEW DESIGN.
BUT GENERALLY SPEAKING, IF WE WE'RE IN A SITUATION LIKE THIS, WE TRY TO SEE IF THE APPLICANT CAN DO, CAN MAKE SOME CHANGE.
BASED UPON WHAT IS BEING SIGNIFICANT
WELL, WE HAVE TO, WE HAVE TO REOPEN HOUSE TOO.
I JUST DON'T SO YOU HAVE SOME TIME UNDERSTAND HOW WE'RE HERE.
I JUST DON'T UNDERSTAND HOW WE'RE AT THIS POINT LIKE THIS.
WE, THIS IS NOT THE FIRST TIME THAT THIS CASE, IT'S BEEN ON FOR A WHILE.
WE GET ALL THE WAY, WE HAVE THE VOTES AND NOW WE HAVE TO REOPEN.
I DIDN'T AND START FROM SCRATCH.
VOTE IN FAVOR FOR LAST TIME WAS POLL THAT LED TO THE DECISION, BUT IT WASN'T THE CURRENT COMPOSITION THAT ORDERED THAT, THAT, BUT THIS STARTED IN JUNE THAT MADE THAT STRAW POLL.
SO WHEN WAS THIS? THIS WE, THIS SINCE JUNE.
YEAH, BUT IT, I'M JUST, YOU COULD SAY THAT ABOUT WATER CASES.
HAVE, I'M GETTING, AND I DID, I DID VOICE SOME OBJECTIONS AT THE ONE MEETING THAT I WAS AT, THAT THIS WAS ON.
THIS IS NOT THE FIRST TIME I'VE OBJECTED THIS, BUT I THINK WE NEED A NEW, IF WE'RE NOT GONNA HAVE THE BOARD MEMBERS HERE AT EVERY MEETING, WE NEED LIKE A NEW PROCEDURE.
WE NEED TO HAVE, LIKE, YOU NEED TO WRITE IN, THESE ARE MY CONCERNS.
WE CAN'T JUST HAVE BOARD MEMBERS SHOWING UP.
IT'S NOT FAIR TO THE APPLICANT.
YOU KNOW WHAT I'M SAYING? LIKE, IS THAT, I DON'T KNOW IF THIS IS POSSIBLE, BUT, WELL, THAT'S FOR THE SOMETHING FOR THE BOARD TO DISCUSS.
AND NOT IN FRONT OF THE PUBLIC.
I'M SORRY, I'M JUST GETTING REALLY FRUSTRATED.
SO ED IS, IS IT, CAN I MAKE ONE SUGGESTION? UM, THE, THE, THE BOARD ADJOURNS THIS MATTER AND IN THE INTERIM WE REACH OUT TO THE APPLICANT TO ASK, UH, PERMISSION.
UH, WELL, FOR INSTANCE, SEAN MADE A POINT.
SHE SAID SHE SEES NOTHING IN THE RECORD WHERE THE APPLICANT HAS SHOWN THAT THEY NEED FIVE STORIES.
WELL, THAT'S SOMETHING THAT YOU CAN GO TO THE APPLICANT WITH.
I THOUGHT THEY DID DISCUSS THAT THOUGH.
WELL, THE FACT THAT YOU DIDN'T, BUT THAT'S NOT THE ISSUE.
WE HAVE THE, THE, THE MEMBERSHIP THAT WE HAVE.
UH, AND YOU KNOW, EACH ONE OF YOU IS ENTITLED TO YOUR OPINION AND YOUR VOTE, BUT YOU WROTE NOTHING THAT DOESN'T MAKE IT WRONG IS THE LIMITATION.
IF THERE WERE MORE THAN 60 DAYS, THEN YES, WE COULD ADJOURN AND THERE WOULDN'T BE A 60 DAY, YOU WOULDN'T HAVE TO REOPEN THE HEARING, WOULDN'T HAVE TO REOPEN THE HEARING.
BUT ULTIMATELY, UM, MAYBE I THINK IN LIGHT OF THE FACT THAT THE, THE FORM OF THE COMPOSITION AND IT SHOULD PROBABLY SHOULD BE REOPENED.
BECAUSE OTHERWISE, IF YOU WERE TO JUST ADJOURN IT AND HOPE THAT DIFFERENT MEMBERS SHOW UP, THEN YOU, IT'S YOU, IT'S SOMETHING AKIN TO FORUM SHOPPING.
YOU KNOW, YOU WAIT AND YOU PICK YOUR JUDGE.
SO THE BOARD CONSIDER, UM, I GUESS IT'S FOR THE BOARD TO CONSIDER, UH, REOPENING THE CASE OR UM, IT WOULD BE A DENIAL.
WELL YOU HAVE A CHOICE WHICH IS NOT TO EXTEND IT AND IT'S THE, THE, THE DEFAULT.
YOU NEED FOUR VOTES TO GRANT THE VARIANCE.
[01:25:01]
HAVE FOUR VOTES.IT'S DEEMED DENIED IN IN PLANNING BOARD.
IF IT'S THE OPPOSITE ON A SUBDIVISION, IF YOU DON'T ACT WITHIN A CERTAIN AMOUNT OF TIME, IT'S DEEMED GRANTED.
BUT THAT'S NOT WHAT CONFRONTS THIS BOARD.
EXTEND VOTE TO REOPEN OR LET IT GO AND DEFAULT DENY YOU.
I'M SORRY, WHEN YOU SAY EXTEND, WHAT DID THAT ENTAIL? REOPEN REOPENING.
'CAUSE I THINK THAT'S THE, THAT THAT'S WHAT WE NORMALLY HAVE DONE, I BELIEVE IN THE PAST WHEN WE'VE HAD SOME TYPE OF ISSUE THAT HAS COME UP THAT HAS GROWN US, YOU KNOW, IN A DIFFERENT DIRECTION.
SO SHOULD WE STRAW POLL ON DO BOARD MEMBERS, UH, YOU PLEASE JUST LET US KNOW YES OR NO ON WHETHER YOU WOULD, UH, VOTE TO REOPEN STRAW VAULTS? YES, I WOULD REOPEN, YES.
WELL, I THINK, UM, WHAT WE NEED, I THINK WE WOULD NEED A S RESPONSE.
AN ABSTAIN WOULD BE, UH, A NEUTRAL NO.
UH, WHAT'S THE NEXT MATTER? THE NEXT MATTER IS BOOM.
SO DOES SOMETHING HAVE TO BE WRITTEN TO THEM? YES.
WE'LL PREPARE A LETTER AND, UM, ENCAPSULATE YOUR, SOME OF YOUR, YOUR COMMENTS QUESTIONS.
WELL, IF YOU WANNA SHOW IT TO ME.
WHICH HAS BEEN LANGUISHING FOR A WHILE.
'CAUSE, UM, THROUGH NO FAULT OF THE ZONING BOARD, I WOULD SAY THROUGH NO FAULT OF THE ZONING BOARD, THEY JUST KEPT TELLING US WE NEED MORE TIME.
SO, UH, ANY COMMENTS WITH RESPECT TO ALLOWING AN ACCESSORY STRUCTURE IN THE FRONT YARD INSTEAD OF THE REAR YARD? BECAUSE THAT'S WHAT WE'RE FACED WITH.
UH, ARE YOU ASKING IF WE HAVE A PROBLEM WITH THAT? RIGHT.
I DON'T HAVE A PROBLEM WITH IT.
SO THEN, UH, WE BOTH, THE FOUR OF US ARE IN FAVOR OF IT.
SO, UM, DOES WE WANNA VOLUNTEER TO WRITE THIS ONE UP? I DON'T EVEN KNOW HOW TO WRITE IT UP TO BE HONEST.
'CAUSE I DON'T HAVE THE FILE HERE.
I KNOW THAT IT HAD TO DO WITH THE YES.
THAT'S REALLY WHAT ITS, RIGHT.
SO, AND ALSO WE HAVE CONDITIONS I THINK WE HAVE TO DEAL WITH ALSO, IF I'M NOT MISTAKEN, IT BECAUSE THE SAFETY, SAFETY FENCE.
CAN I JUST POSE IT FOR DECISION ONLY? CAN, CAN I JUST MAKE A COUPLE COMMENTS? UM, THE, THE PLANNING BOARD WILL, UM, HAS MADE A POSITIVE RECOMMENDATION AND WILL BE, UM, ISSUING A SERIES OF FINDINGS IN, IN TERMS OF CONDITIONS ALONG WITH THEIR SITE PLAN DECISION.
UM, I BELIEVE IN TERMS OF THE ZONING BOARD, UH, FROM MY RECOLLECTION OF THE DELIBERATIONS, THE ONLY, UM, UH, TYPE OF CONDITION THAT WAS MADE AWARE TO ME WAS, UM, THE NEED FOR LANDSCAPING APPROPRIATE TO THE, UM, SATISFACTION OF THE TOWN OF GREENBURG THROUGH THE, UH, PLANNING DEPARTMENT AND OUR FORESTRY OFFICER.
UM, OUT OF CONSIDERATION FOR THOSE, THOSE UNITS, IT WAS A VISUAL, UH, UH, CONSIDERATION.
SO YOU'RE SAYING THAT BECAUSE I DON'T HAVE ANY CONDITIONS AT THE PLANNING BOARD HAS OUTLINED, RIGHT? SO THE PLANNING BOARD SAYING THAT ALL WE HAVE TO CONSIDER IS SCREENING.
I, I DON'T THINK THERE'S OTHER CONDITIONS, RIGHT? SO THE PLANNING BOARD WILL BE DEALING WITH ANY ASPECT OF, UM, THE SITE PLAN.
SO THEN I DID HEAR ED SAID LET'S CLOSE IT FOR DECISION ONLY, WHICH IS FINE BECAUSE IT DOES HAVE TO BE, IT DOES HAVE TO, YOU KNOW, BE SPELLED OUT AS TO WHY IT'S IN THE, IN IN THE REAR FA IN THE FRONT YARD.
DO YOU WANNA MOVE TO THE NEXT CASE? YES, I DO.
[01:30:01]
WE, UH, GET STARTED ON THAT, UM, I JUST WANTED TO KNOW THIS, THIS 22, 26, IS THIS, BECAUSE IT WAS STILL ON THE AGENDA TONIGHT.IS THAT SOMETHING WE HAVE TO VOTE ON LATER? OR NOT THE LEWIS MASTERS HOLDINGS? THAT'S THE K F C, THAT'S THE K FFC.
UM, NO, THIS IS A DIFFERENT ADDRESS.
I DON'T KNOW WHERE YOU GOT, I THINK THAT'S ON AGENDA.
UM, BUT IT WAS, IT WAS ON, IT WAS ON TONIGHT WHEN I CHECKED IT, I CHECKED IT BEFORE I CAME.
AND NUMBER FOUR IS A F C CELL.
ALRIGHT, SO BACK TO SCARSDALE.
WHERE ARE WE? I WILL SAY I USED TO BE OPPOSED TO THE TENNIS BUBBLE.
AND UH, HOW ABOUT THE NETTING ON THE 16TH? AH, I AM, UH, A LITTLE BIT TORN UNLESS WE COME BACK TO YOU.
LOU, I DON'T HAVE A PROBLEM WITH THE NETTING ON THE 16TH GREEN NOR THE TENNIS BUBBLE.
THERE WERE CONDITIONS THAT, UM, WE CAN IMPOSE ON THE TENNIS BUBBLE, WHICH I THINK WILL BE STRINGENT ENOUGH IF ENFORCED THAT WOULD ENSURE THAT, UM, IT DOES NOT, UM, ADD TO THE FLOODING PROBLEM AND MAY IN FACT HELP, UH, TO MITIGATE SOME OF THE FLOODING PROBLEMS THAT EXIST IN THAT AREA.
I DON'T SEE A, UM, THE SKYLIGHT BEING A SOURCE OF LIGHT EMISSIONS THAT WOULD, UM, BE OBVIOUS OR, UM, SOMETHING THAT CAN'T BE, UH, CAN'T BE, ESPECIALLY WITH ALL THE OTHER LIGHTING THAT'S GOING THAT'S THERE NOW WITH THE PARKING GARAGE AND YOU KNOW, EAST HARTSDALE AVENUE, YOU HAVE THE BUSINESSES WITH THE LIGHTS.
UM, I DON'T SEE, SEE IT AS AN ISSUE.
THAT, BY THE WAY, IS A CHANGE.
LAST MONTH THEY SAID WHAT, WHAT DOES IT CHANGE WITH THE HOURS WITH 10 15 LAST MONTH? THEY SAID MONDAY THROUGH FRIDAY, SIX TO 10 AND SATURDAY, SUNDAY, DIFFERENT TIME.
SO, SO NOW THEY WANT IT ALL AT THE SAME TIME.
BUT, UH, SO I JUST WANTED YOU TO BE AWARE OF THAT.
UM,
I THINK THE NETTING IS BELOW THE TRUE LINE.
AND I THINK THAT THE, THE SAFETY ASPECT, UM, I THINK THAT BENEFIT OUTWEIGHS ANY OTHER PERCEIVED IMPACT FROM THE BUILDINGS THAT ARE ON HARTSDALE AVENUE.
AND AS, AND AS FAR AS, WELL I'M SORRY, FINISH.
'CAUSE I DIDN'T MEAN TO INTERRUPT YOU.
THAT'S I WAS GONNA SAY FROM ANOTHER VIEWPOINT, HOW MANY GOLF COURSES DO WE STILL HAVE THAT ARE VIABLE WITH THIS STATE AND WHAT IS HAPPENING WITH GOLF COURSES ALSO? AND THE, THE PANDEMIC? I'M ONLY DOING THAT FROM THE POINT OF VIEW OF PRECEDENT.
THE PANDEMIC PUT THEM IN GREAT FINANCIAL SHAPE.
IT'S BEEN THE BEST THING THAT EVER HAPPENED TO GOLF COURSES
BUT A LOT OF THEM HAVE MOVED ON FOR OTHER, FOR OTHER PURPOSES TOO.
WHAT I'M SAYING IS THAT WHEN IT COMES TO PRECEDENT, YOU HAVE TO, I THINK, APPLY THE PRECEDENT THAT NOT JUST LOOKING AT WHAT THE ZONING CODE PARTICULARLY SAYS, BUT WHAT IT'S BEING APPLIED TO.
AND I THINK IN THIS CASE, IT'S BEING, IT'S, IT'S NOT A PRECEDENT THAT WE HAVE TO BE OVERLY CONCERNED.
WE'RE GOING TO BE BOMBARDED WITH BECAUSE THIS IS SOMETHING THAT IS A SAFETY FACTOR AND IT HAS TO DO WITH, UH, INDIVIDUALS THAT ARE RESIDENTS OF, OF THE COMMUNITY.
IT'S NOT SOMETHING THAT IS FRIVOLOUS AT ALL, I DON'T THINK.
[01:35:01]
I I BELIEVE THAT THE WAY IN WHICH IT'S BEING, UH, CONCEIVED IS VERY APPROPRIATE FOR WHAT THE NEED IS.AND THEREFORE, I THINK THE NEED IS WHAT DRIVES US NOT AT LEAST ME NOT BEING CONCERNED ABOUT THIS BEING A PRESIDENT FOR THE WHOLE TOWN THAT EVERY TIME SOMEBODY, YOU KNOW.
SO THAT'S MY ADDITION TO IT, BUT I, I DON'T SEE ANY PROBLEM WITH, WITH WHERE WE ARE WITH THE ENTIRE PROJECT RIGHT NOW.
WITH ALL THIS RAIN WE'VE HAD, IT'S JUST THE LAST COUPLE OF YEARS.
IT'S JUST, I I'M HAPPY TO HEAR YOU SAY THAT EVE, BECAUSE IF THERE ISN'T ANY, IF THERE IS ANYONE ON THE BOARD WHO IS MORE CONCERNED ABOUT PRECEDENT SETTING, IT'S YOU, IT'S ME,
UM, AND THAT WAS A, AN ISSUE THAT, UM, I FELT WAS OF SOME CONCERN.
UM, AND I THINK WE ARE HANDLING THAT PRETTY WELL.
THE WITHDRAWAL OF THE NETTING ON THE DRIVING RANGE HELPED SIGNIFICANTLY.
UM, MY ONLY CONCERN ABOUT THAT, EVEN THOUGH IT'S NOT BEFORE US, IS THAT NOW THAT THEY'RE GETTING RID OF THE NETTING AND THAT'S THE AREA WHERE THE TREES ARE ACTUALLY FAILING, RIGHT.
UM, WHAT ARE THEY GOING TO DO OR WHAT CAN BE DONE? OR ARE THEY PLANTING NEW TREES, WHICH WILL TAKE ANOTHER 10 YEARS BEFORE THEY ACTUALLY PROVIDE THE KIND OF SCREENING REQUIRED.
BUT THAT'S NOT FOR US TO DETERMINE.
THAT IS SOMETHING THAT THE NEIGHBORHOOD CAN RAISE AS A HUMAN AND CRY AND TRY AND PUT SOME, YOU KNOW, PRESSURE ON THEM.
SO JUST TO PUT THIS TO BED, UM, I TOO AM HEARTENED BY YOUR VIEW OF PRECEDENT BECAUSE I RESPECT, AND IN THE MEETINGS WE'VE BEEN AT, I'VE REALLY NOTICED HOW MUCH YOU CARE ABOUT THAT.
AND IF YOU'RE COMFORTABLE WITH THAT.
I'M MUCH MORE COMFORTABLE WITH IT.
I GUESS I'M SADDENED AGAIN BY THE FACT THAT THERE IS A, A WAY TO RESOLVE THIS PROBLEM WITHOUT GETTING A ZONING VARIANCE THAT ISN'T BEING TRIED.
AND THAT'S WHAT'S SURPRISING TO ME, YOU KNOW, PUT IN SOME TREES AT THE 16TH BARRIER.
I MEAN, I WAS LOOKING AT THE DESIGN AND THE DRAWING AND I WAS LOOKING AT EVERYTHING ELSE I, BUT, BUT PUTTING IN TREES ALSO ALTERS THE DESIGN OF THE GOLF COURSE BECAUSE THE TREES WOULD HAVE TO BE ON THE GOLF COURSE AS IT IS.
THE TREES ARE ON PRIVATE PROPERTY.
I WAS, NO, NO, THERE'S, THERE IS A GAP.
I WAS LOOKING AT THE MAP AND IT'S ON A SLOPE, SO I UNDERSTAND WHY THEY'RE NOT DOING IT.
AND I LOOKED WHERE THE SAND TRAPS WERE AND WHERE THE GREEN IS AND ALL THAT.
YOU MIGHT HAVE TO MOVE ONE OF THE SAND TRAPS A FEW FEET.
IT, IT WAS NOT A, A HUGE THING.
AND I ALSO WONDER WHAT KIND OF GOLFERS THEY HAVE.
IF YOU'RE THAT CLOSE TO THE GREEN AND YOU NEED A 25 FOOT FENCE, IT'S KIND OF, KIND OF LIKE, WHERE ARE YOU? BUT, UM, YOU CONSIDER TO REPLICATE A GOLFER LIKE ME.
YEAH, I WAS GONNA SAY IT'S RIGHT NEAR THE GREEN.
WHATCHA HITTING, YOU KNOW, BUT, UH, YOU KNOW, I THINK ONE THING TO CONSIDER ALSO THOUGH, IS TO REPLICATE A NET WITH TREES, YOU PROBABLY WOULD POTENTIALLY NEED THREE STAGGERED ROWS TO REALLY LIKE, YOU KNOW, GET THAT BUFFER.
SO IF YOU HAVE ONLY A LINEAR AMOUNT OF SPACE, UM, YOU KNOW, TREE BRANCHES CAN DIE.
YOU CAN NEVER, YOU KNOW, YOU'RE NEVER GONNA HAVE THAT UNIFORMITY.
MIGHT HAVE, I LIVE ON A GOLF COURSE, MIGHT HAVE TO PUT THREE ROWS AND TREES, BUT I, I HAVE A HOUSE ON A GOLF COURSE NOW, SO I'M, I'M WELL AWARE.
UM, BUT, UM, I WILL NOT, I I WOULD NOT OPPOSE THIS AS DONE NOW THAT THEY TOOK OUT THE DRIVING RANGE NETTING.
AS, AS I WAS LISTENING TO THE PRESENTATION, I SCRIBBLED SOMETHING DOWN.
UH, WITH RESPECT TO THE LIGHTING.
IF YOU LOOK AT THE PICTURE OF THE BUBBLE OR THE OTHER SITE, YOU HAVE THE OUTDOOR LIGHT SHINING ONTO THE BUBBLE ITSELF, WHICH DEFEATS THE WHOLE PURPOSE OF IT BEING OPAQUE THAT THEY SAID THEY WEREN'T HAVING THOSE, THEY SAID THEY WERE ONLY HAVING BOLLARDS, WHICH ARE A DOWNWARD LIGHT FOR YOUR FEET.
THAT'S WHY I WOULD PROPOSE YOU ADD TO THE LIGHTING CONDITION THAT ALL OUTDOOR LIGHTING SHALL BE DIRECTED DOWNWARD AND AWAY FROM NEARBY RESIDENCY.
THAT, THAT WAS WHY I ASKED THE QUESTION.
WHAT'S THE, UH, FOURTH APPLICATION? THE,
[01:40:01]
UH, K F C K F C? YEAH, IT'S K F C ON CHRISTY.YOU, YOU DIDN'T WHAT ABOUT KEEP ON THIS ONE?
OH, BUT WE GOT LIKE A BIG ONE ON THE LAST MEETING.
WE, WE, THIS ONE WE'RE, I'M OKAY WITH.
THEY'RE LITERALLY REPLACING IN KIND MM-HMM.
SO WHILE THE K F C IS LARGE, THEY'RE JUST REPLACING IT.
I THOUGHT YOU WERE GONNA SAY SOMETHING ON WORLD FAMOUS, BUT YOU DIDN'T.
I'M A, I'M NEUTRAL ON THE WORLD FAMOUS.
OH, YOU ARE? OH, YOU GUYS ALL WANT THAT? I DON'T CARE ABOUT THAT.
WE'RE WE'RE PROPOSING THAT THEY REMOVE REMOVE AND THEY OFFERED TO, IN THE LETTER THEY OFFERED TO REMOVE.
AND WITH THAT CAVEAT ART THAT THEY'RE DOING.
SO IS THIS ONE WHERE WE CAN WRITE IT WITH THE CONDITION THAT THAT ONE SIGN IS REMOVED OR WE HAVE TO WAIT FOR THEM TO RESUBMIT? WE HAVE A PLAN WITH THAT CROSSED OUT, UM, FROM EPTEMBER.
AND YOU HAVE HIS LETTER? NO, WELL, LETTER.
ONE OF THE CONDITIONS WOULD BE THAT THE, THAT THIS IS ONLY APPROVING THE SIX FOOT SIGN.
THE SEVEN SIGN HAS BEEN WITHDRAWN.
AND THEREFORE THIS DECISION SHALL NOT BE INTERPRETED AS GRANTED.
YOU SAY THAT SO, WELL, ED, IT'S JUST LIKE, JUST LIKE WHAT YOU PUT IN THE, UH, I PUT IN THE DRAFT, UH, GOLF.
HE SAID SOMETHING AT THE VERY END THAT GOT ME A LITTLE ANTSY, WHICH WAS HE STARTED TO SAY SOMETHING ABOUT TREES.
WHERE ARE WE? OH, HE JUST SAID THE TREES.
HE REMOVED A SIGN ON THE SIDE BECAUSE THE TREES WERE OKAY.
I COULDN'T UNDERSTAND EXACTLY WHAT HE SAID.
I WAS A LITTLE BIT A SIGN THAT HE, THEY DIDN'T WANT PAY FOR IT.
I JUST WAS HAVING JUST COME FROM THE OTHER, I'M LIKE, OH, DON'T TIP DOWN TREES.
NO, NO, HE WASN'T, NO, IT'S THE, IT'S WHERE THE CASHIERS, UH, YOU PULL UP THE PAY.
THEY HAD A SIGN AND NOBODY COULD SEE IT ANYWAY.
SO WANT TO, CAN I TYPE IT? DO I HAVE TO WRITE? I CAN START IT.
UM, SO I HAVE, I HAVE THE DATES OF SEEING ANOTHER NO, SHE ASKED IF SHE CAN TYPE IT RATHER THAN WRITE IT.
DO THEY NEED IT TONIGHT OR CAN WE SUBMIT IT? OH YEAH.
DID I JUST SUBMIT IT TOMORROW? ALRIGHT.
AND JUST GO THROUGH THE, SO JUST WITH BLOOM WE DID, WE DID HAVE DRAFT, UH, FINDINGS, UH, FOR THE FIVE AREA, VARIOUS CRITERIA.
UM, IF WE WANT TO ADVANCE THAT TONIGHT.
AND THEN JUST DO THE FINDINGS LATER.
WE HAVE FINDINGS THAT CAN BE READ ON.
I'M GONNA DO THAT WITH THIS ONE THEN AS WELL.
AND, UM, AS FAR AS, UH, SEEKER, I COULD ADVISE YOU ON, ON ALL THESE APPLICATIONS OF WHAT'S HAPPENING.
OH, THAT'S, THAT'S IN, UH, DRAFT.
SO, UM, WHILE YOU'RE DOING THAT, I'LL START THIS, UM, ROOM WITH FILLING IN DATES.
NO ONE IS TO BE REOPENED, ONE IS CLOSED FOR DECISION ONLY WE GONNA DO IT.
I, WHO'S DOING THE, UM, SO THAT DECISION, UH, YOU PREPARED? UM, NO, I UNDERSTAND.
DO YOU HAVE IT UPDATED HOW YOU WANT? YEAH.
[01:45:01]
WRITING YOU WANT, YOU WANNA READ IT, READ THE WHOLE THING? YEAH, I CAN DO IT, IT CAN WORK.THE OTHERS WERE UNDERLINED IS WHAT IS WHAT I ADD.
BUT EVERYTHING ELSE, EVERYTHING ELSE, WE'RE JUST GONNA DO THE MOTION AND NOT THE FINDINGS.
OH, NO, I WAS, I WAS ASKING YOU GOING READ THE YOU'RE ONLY THREE.
OH, WE WERE GONNA DO THE FINDINGS, LIKE FOR THIS ONE, FOR THE SIGN.
I'M JUST GONNA DO THE MOTION AND THEN SEND YOU THE FINDINGS.
SO IS THAT ALL RIGHT? AND THEN WE WERE GONNA DO THE SAME WITH BLOOM.
FOR BLOOM, UM, GET THE CONDITION THAT TALKED ABOUT REGARDS LANDSCAPING, AND THEN THIS IS, UH, WELL THEN, THEN I CAN MOVE ON THAT.
UH, THE DATE OF THE PLANS, UH, WHICH APPLICATION? UH, OH 8 22.
AND FOR THE ONE THAT YOU'RE WRITING FOR RENARD? UH, WELL, RENARD, THAT ONES, UM, WE'RE NOT, WE'RE NOT DOING IT.
AREN'T YOU? BUT YOU'RE SENDING A LETTER? YEAH.
I JUST WANTED NOT SHARED THAT WITH YOU, WITH THE BOARD AFTERWARDS.
SO THERE'S, THERE'S A, UM, DATE THAT NEEDS TO BE FILLED IN FOR THE SCARSDALE GOLF CLUB DRAWINGS.
UM, ACTUALLY MAY HAVE TO RUN UPSTAIRS TO GRAB THAT.
FOR WHAT? I HAVE THE WHOLE FOLDER.
AND THE, ACTUALLY, UM, I THINK THIS IS SCOTT.
IS IT SCARSDALE OR RE BERNARD? I HAVE BOTH OF THEM.
NO, WHOEVER'S MAKING THE MOTION, YOU WANT THE FRONT ONE AND A BRIEF HOLDED, IT'S OPEN CORRECTLY.
AND, UH, ED, THE LIMITED, THE LIGHTS ILLUMINATION.
PM NO, 6:00 AM TO 10:15 PM IS THERE SOMETHING YOU NEED FROM THIS PAGE? IS THAT WHAT YOU NEED? IT'S NOT WRITTEN ON.
YOU WEREN'T AWARE I HEARD EITHER.
OH, I, I HEARD HIM SPECIFICALLY SAY THAT IT'S FROM 10 TO 10 15.
THEY CHANGED IT FROM 10:00 PM TO 10 15.
THE CLOSING, THAT WAS THE CLOSING.
THE OPENING WAS, I THINK ALWAYS STATED TO BE SICK, MAYBE SLEEPING.
I WOULDN'T WELL, AT 6:00 AM IT'S UM, IT COULD STILL BE DARK AS A MATTER OF FACT.
STILL BE, IT WOULD BE DARK IN, UM, IN THE FALL AND WINTER.
PEOPLE GOTTA GO AND THEN GO TO WORK THE TRAIN STATION IN THE MORNING.
HAVE A GOOD EVENING, EVERYONE.
IT WAS GOOD THAT I BROUGHT IT.
YOU DID SAY TYPE TWO, RIGHT? YES.
YOU NEED THE DATE OF HIS PLANS? I GOT IT.
WHAT IS, HOW SHOULD I SAY IT, ED? THAT IT'S ONLY FOR THE THREE SIGNS, NOT THE FOURTH.
WELL, CRAP, THEY'RE WITHDRAWING THE FOURTH SIGN.
UM, NO, THE WRONG UH, LET ME SEE THE DRAFT.
THEY STARTED OFF WITH THE DRAFT OF WHAT? THAT I JUST GAVE YOU.
CAN I HAVE MY AGENDA BACK THEN, PLEASE?
[01:50:04]
UM, WE NOTE THAT THE APPLICANT IS SEPARATED AND WITHDRAWN ASLOOK AT THE LAST, UH, SUBMISSION.
SEVEN SEVEN UP ON THE TOP OF THE SECOND PAGE.
OH, JUST READ IT LIKE THAT? YEAH.
HOW'S IT GOING? HE'S GOOD, THANKS.
IS HE WAY FAR? YEAH, SEEMS GOOD SO FAR.
A WHAT LETTER? FINISH WRITING.
YOU WANT ME TO SAY THE WITHOUT PREJUDICE, ALL OF THAT? UM, NO.
SO JUST SAY THE APPLICANT'S WITHDRAWN ITS REQUEST FOR THE WORLD FAMOUS CHICKEN SIGN AND THIS GOES TO YOU.
THERE'S REALLY PROBLEM WITH THAT IS THERE'S NO SIGN THAT I DON'T BELIEVE AMONG THE OTHER SIX THAT MENTIONS CHICKEN.
THERE'S, WAIT, THERE'S FOUR SIGNS.
THEN THE THREE ON THE SIDE, HE'S THE COLONEL, BUT THERE'S THE COLONEL SANDERS'S.
WHAT IF YOU DON'T KNOW
WHEN DOES BLOOM OWN THIS PROPERTY? UM, NO.
AND THEN I DON'T HAVE TO PUT IN ANY OF THIS.
WELL, IT'S JUST IS SELF CREATED WHETHER THEY LEASE IT OR OWN IT OR ORDER TO ACKNOWLEDGE CONSTRUCTIVE KNOWLEDGE.
ARE YOU DOING A WHOLE DECISION? SHOULD I BE DOING ONE? I DON'T KNOW.
I'M JUST TRYING TO
I'M JUST, I'M JUST WORKING WITH IT AS I GET TO IT.
I THINK YOU SAID, UH, YOU HAVEN'T BEEN AS CLOSE.
WHAT? READING THE FINDINGS IN WE CAN, THERE'S NO REASON THEN I HAVE TO WRITE IT ALL OUT.
NO, LET'S, CAN I JUST DO IT HOME? OKAY.
'CAUSE IT'S, I MEAN UNLESS YOU WANT TO DO THE GOLF CLUB THING, I'M FINE.
HE CAN DO THE GOLF CLUB, BUT LET'S DO OURS AT HOME.
THEN I CAN TIE IN TWO PAGES HERE.
OH, YOU GOT THE YEAH, YEAH, YEAH.
OH, HAVE HIM EMAIL THAT TO YOU.
SO YOU WELL, HE GAVE IT TO ME.
BUT WE DID ONE WHERE YOU SAID YOU, YOU WOULD SEND IN, BUT YOU DIDN'T SEND IN ANY FINDINGS ON THE FIRST AFTER I HAD WHAT DO YOU MEAN? I DIDN'T WHAT YOU WERE THINKING.
WHAT DO YOU MEAN? I DIDN'T SEND OH, ON THAT, THAT ONE SHE'S ON VACATION.
I LOOKED AT IT AND I WENT, I NEVER DID THAT BEFORE.
I SAID, I SAID I NEVER DID THAT BEFORE.
THERE'S JUST, THERE'S JUST SO MUCH I CAN DO.
YOU KNOW, I WAS REALLY I WILL DO IT.
I PROMISE YOU I WAS OVERWORKED.
IF I DO IT AT HOME OR WHERE I CAN FOCUS, IT'LL BE BETTER.
YOU WON'T HAVE TO EDIT IT AS MUCH.
MY WRITING IS WORSE THAN YOURS.
[01:55:05]
AND THEN THE BACK PAGE JUST DISAPPEARED ANYWAY, SO I STILL NEED TO GO INTO MY, GO INTO MY COMPUTER.DO YOU WANNA DO, SO THIS IS GOING TO BE OBJECT, SO LIVE, NOT TO DISTRACT YOU, BUT, UM, DO WE WANT TO KEEP IT 7:00 PM OR IS THERE SOMETHING THAT YOU FEEL, UM, IS NOT CONDUCIVE TO YOUR SCHEDULES? YOU WANT TO GO BACK TO EIGHT? THAT'S THE QUESTION.
YEAH, I'D GO TO SIX IF WE COULD.
ALRIGHT, SO 7, 8, 7 PM THAT'S FINE.
FOLDERS FILE FOLDERS WE USE, WE USE REDUCE CYCLE.
SOMETIMES I KEEP THEM FOR HOME.
I I I THINK SOMETIMES THERE'S FOAM THROWING AWAY.
AND DO YOU GUYS SHRED? I THINK YOU ARE RECYCLING.
THE BIG PIECES, BIRD CAGES,
MORE THAN HAPPY TO GIVE YOU THAT PARROTS.
I USES, I THROW MINE AWAY TO DRAW HER PLAN ALL MY FILES WHILE AWAY.
IMMEDIATE MY RECYCLE, BUT I CHUCK IT.
FOR WHAT PURPOSE WOULD I KEEP IT? WHAT LIKE THE ONES THAT ARE DONE? YEAH.
IT'S A GOOD THING I DIDN'T THROW AWAY RENARD.
IT'S IN THE, THE, TO GO OUT TO THE RECYCLE.
HOW DO PEOPLE LIKE YOU REMEMBER? OH YEAH.
THAT, THAT CASE BACK IN THE 20 2004, YOU KNOW? OH YEAH.
THAT, THAT ONE WHERE WE DID THIS THAT YEAH.
HOW DO, BECAUSE IT HAS AN IMPRINT, BUT THEN THERE'S THOUSANDS OF OTHER CASES.
SHE DOESN'T, SHE DOESN'T REMEMBER
ARE WE JUST DOING IT HERE? YOU SPEAKER? NO, I'M JUST, I'M JUST MARKING UP WHAT I'M GONNA TYPE UP.
JUST, UH, LET US KNOW AND WE'LL, STENOGRAPHERS YES,
[02:00:08]
IS EVERYTHING.K F C IS, UM, BLOOM IS, AND THEN SCARSDALE GOLF CLUB.
IT SHOULD BE WRITTEN IN THERE.
BUT THAT PLANNING BOARD DID A COORDINATED RE UH, UM, SORRY.
AND I'M SORRY, THE ZB YOU, YOU YOURSELVES MADE THE, UH, NEGATIVE DECLARATION.
SO SEEKERS CONCLUDED IT'S JUST THE DECISION YOU HAVE YOUR DECISION WE'RE LOOKING FOR OR, UH, NO.
AND TYPICALLY IF YOU, YOU RECITE THE SECRET? YEAH, I CAN SPELL THAT OUT FOR YOU.
UH, I'LL WRITE THAT DOWN VERY NEATLY OR I CAN MAKE AN ANNOUNCEMENT.
YOU CAN SET, YOU KNOW, HOWEVER YOU WANT TO DO IT ONCE.
IF YOU CAN, UM, AS YOU'RE GOING, JUST SEND IT TO ME EVE AND I'LL, I'LL RECITE THE, THE, THE SEEKER THAT TOOK PLACE.
SO FIRST IS, ALRIGHT, ARE WE READY? UM, LET ME JUST, IF YOU COULD PLEASE, UH, D DEBBIE IF YOU CAN SEND ME A TEXT OR, UH, LET ME KNOW WHEN YOU'RE READY.
SO OUR STENOGRAPHER SHOULD BE READY ANY SECOND HERE.
AND WE ARE BACK ON THE RECORD WITH RESPECT TO OUR DELIBERATIONS AND WHAT WE HAVE ACCOMPLISHED THIS EVENING.
AND FIRST CASE WE HAD IN CASE 2216, BERNARD SELF STORAGE, I'M SORRY, MY SPEAKER WAS NOT ON.
UM, FIRST CASE WE HAD IN OUR AA DELIBERATIONS THIS EVENING, CASE RENARD SELF STORAGE L L C, THAT'S CASE 2216 PROPERTY AT, UH, HAYES STREET IN ELMSFORD.
AND, UM, GIVEN THE CONFIGURATION OF THE FACT THAT WE ONLY HAD FOUR MEMBERS TONIGHT AND WE DID NOT HAVE A, UH, UNANIMOUS DETERMINATION WITH RESPECT TO THE DECISION THAT HAD BEEN WRITTEN, WE HAVE UM, WOULD, WOULD BE SEEKING TO REOPEN THE CASE TO ADDRESS, UH, CONCERNS THAT WERE RAISED THIS EVENING IN OUR DELIBERATIONS.
AND THAT WOULD BE ON FOR THE MOTION? YES.
UM, DO I HAVE A, DO I HAVE A, A MOTION TO REOPEN CASE 2216? YES.
I, I MOVE THAT WE UH, REOPEN CASE 2216.
SO EVERYONE VOTES AYE INCLUDING THE CHAIR AND THAT WOULD BE ON FOR OCTOBER 20TH AND THE NEXT CASE IS CASE 2126 BLOOM ENERGY CORPORATION PROPERTY AT 1 31 FULTON STREET.
AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO C A COMPLIANCE AND WHERE THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT.
NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRED.
NO FURTHER SECRET CONSIDERATION.
I MOVE THAT THE CASE IN 2126 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENT.
CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER AND CONFORMITY WITH THE PLANS DATED OCTOBER 3RD, 2021
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SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY BE HEREINAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICE OF THE TOWN.PROVIDED THAT SUCH MODIFICATION DOES NOT
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.
FURTHER FOLLOWING CONDITIONS SHALL BE MET.
THE APPLICANT SHALL INSTALL LANDSCAPING TO THE SATISFACTORY SATISFACTION, I'M SORRY, OF THE TOWN FORESTRY OFFICER IN THE FRONT AND SIDE YARDS.
I AM NOT GOING TO READ THE FINDINGS BECAUSE THEY ARE SOMEWHAT EXTENSIVE AND WE WOULD LIKE TO, UH, TAKE ADVANTAGE OF THE FACT THAT WE ARE IN THE TOWN HALL THIS EVENING RATHER THAN BEING IN OUR RESIDENCES THAT WE HAD BEEN IN THE PAST.
AND IT'S BEEN SOMEWHAT OF A SWITCH AS I JUST FOUND OUT TODAY THAT I HAD TO BE HERE IN PERSON.
SO, UM, WE WILL HAVE THE FINDINGS, UH, PUT IN THE, IN THE RECORD AND ALSO THEY WILL BE AVAILABLE TO ANYONE WHO WISHES TO SEE THEM.
SO MOVING ON TO OUR NEXT CASE, WHICH IS CASE 2208 SCARSDALE GOLF CLUB.
AND DO WE HAVE A SEEKER ON THIS MATTER? YES.
UH, ZEBA CASE 2208 SCARSDALE GOLF CLUB WAS THE SUBJECT OF A COORDINATED REVIEW WITH THE Z ZONING BOARD OF APPEALS, UH, PREVIOUSLY AS THE UH, LEAD AGENCY AND HAD PREVIOUSLY FOUND, UH, THAT THE SITE WOULD BE SUBJECT TO A NEGATIVE DECLARATION AND NOT SUBJECT TO FURTHER, UH, ENVIRONMENTAL REVIEW.
MADAM CHAIR, I MOVE THAT THE APPLICATION IN CASE NUMBER 2208 INSOFAR AS IT REQUESTS VARIANCES FOR AN ENCLOSURE OF TWO TENNIS COURTS AND NETTING NEAR THE 16TH GREEN BE GRANTED, PROVIDED THAT THE APPLICANT OBTAIN THE APPLICANT, OBTAIN ALL NECESSARY APPROVALS AND FILE SAME WITH THE BILLING DEPARTMENT AND THAT CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR AN ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMING IN CONFORMITY WITH THE PLANS DATED SEPTEMBER 8TH, 2022, SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE DIFFERENT OR GREATER VARIANCES THAN WE ARE GRANTING HEREIN AND THAT THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLANS SUBMITTED IN SUPPORT OF THIS APPLICATION.
ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES.
EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
THE ENCLOSURE AROUND THE TENNIS COURTS SHALL BE PERMITTED TO REMAIN IN PLACE DURING THE PERIODS OF OCTOBER 15TH THROUGH APRIL 15TH ANNUALLY.
AND THE HOURS OF OPERATION FOR THE COURTS AND THE LIGHTS ILLUMINATING THEM SHALL BE LIMITED TO 6:00 AM TO 10:15 PM THE ENCLOSURE SHALL BE OPAQUE AND NOT PERMIT LIGHT TO ESCAPE THE ENCLOSURE EXCEPT THROUGH A SINGLE SKYLIGHT AT THE TOP THEREOF DIRECTED UPWARD AND NOT IN THE DIRECTION OF ANY NEARBY RESIDENCE.
ALL OUTDOOR LIGHTING SHALL BE DIRECTED DOWNWARD AND AWAY FROM NEARBY RESIDENCES.
THE APPLICANT SHALL INSTALL AND MAINTAIN THE PROPOSED STORMWATER DRAINAGE AND RETENTION SYSTEM IN CONNECTION WITH THE SEASONAL TENNIS COURT ENCLOSURE IN GOOD WORKING CONDITION, INCLUDING REGULAR REMOVAL OF ANY DEBRIS AND OR SNOW AS NEEDED TO ENSURE PROPER OPERATION OF THE ENCLOSURE AND STORMWATER FACILITY.
THE STORMWATER SYSTEM SHALL BE INSPECTED BEFORE AND AFTER THE INSURRECTION OF THE ENCLOSURE AND AFTER REMOVAL OF THE TENNIS ENCLOSURE EACH YEAR.
AND A COPY OF INSPECTION REPORT
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PREPARED BY A LICENSED ENGINEER SHALL BE PROVIDED TO THE TOWN ENGINEER DEMONSTRATING THAT THE SYSTEM IS IN GOOD WORKING CONDITION.SNOW AND DEBRIS AROUND THE SIDES OF THE SEASONAL TENNIS COURT ENCLOSURE SHALL BE RELOCATED IMMEDIATELY TO THE SNOW REMOVAL AREAS DEPICTED UPON THE DRAWING SUBMITTED IN SUPPORT OF THE APPLICATION SUCH THAT SNOW AND DEBRIS ARE NOT PERMITTED TO ACCUMULATE AND ROLL OFF THE PROPERTY OR COVER OR BLOCK THE DRAINAGE SYSTEM.
IN THE EVENT THAT THE APPLICANT FAILS TO COMPLY WITH THESE MAINTENANCE REQUIREMENTS OR IF THE DRAINAGE SYSTEM SHOULD FAIL TO PREVENT AN INCREASE IN FLOODING TO NEARBY PROPERTIES, THE APPLICANT WILL BE PROVIDED WITH WRITTEN NOTICE OF SUCH DEFICIENCY, UM, SUCH AS A NOTICE OF VIOLATION BY THE TOWN IN WHICH EVENT THE APPLICANT SHALL BE REQUIRED TO CORRECT SUCH DEFICIENCY WITHIN SEVEN DAYS OF RECEIPT OF SUCH.
NOTICE IF THE APPLICANT FAILS TO CORRECT SUCH DIS DEFICIENCY WITHIN SUCH PERIOD, THE TENNIS COURT ENCLOSURE SHALL BE REMOVED UNTIL ALL CORRECTIONS ARE COMPLETED TO THE SATISFACTION OF THE TOWN ENGINEER.
AND WE NOTE THAT THE APPLICANT HAS SEPARATED AND WITHDRAWN ITS REQUEST FOR NETTING ALONG THE DRIVING RANGE AT THIS TIME WITHOUT PREJUDICE TO RENEWING SUCH REQUEST AT A FUTURE DATE.
ACCORDINGLY, THIS DECISION DOES NOT CONSTITUTE APPROVAL OF THE PROPOSED DRIVING RANGE NETTING.
AND DO WE HAVE FINDINGS? UH, YES.
UH, THE APPLICANT SEEKS PERMISSION TO ERECT A SEASONAL ENCLOSURE AROUND TWO OF THE LOWER TENNIS COURTS ON ITS PROPERTY AND ERECT NETTING ON THE WEST SIDE OF THE 16TH GREEN ON ITS GOLF COURSE.
IN ORDER TO PREVENT GOLF WALLS FROM DAMAGING NEARBY HOMES, CARS, AND PEOPLE IN CLOSE PROXIMITY THERETO, EACH OF THE PROPOSED IMPROVEMENTS WILL REQUIRE AREA VARIANCES WITH RESPECT TO HEIGHT AND SETBACKS AMONG OTHERS.
IN GRANTING THIS APPLICATION, THE ZONING BOARD HAS WEIGHED THE BENEFIT TO BE DERIVED BY THE APPLICANTS FROM THE PROPOSED VARIANCE AGAINST THE IMPACT THAT THE VARIANCE MIGHT HAVE ON THE SURROUNDING NEIGHBORHOOD.
WE HAVE FOUND THAT GRANTING THE VARIANCES WILL NOT RESULT IN A DETRIMENT TO NEARBY PROPERTIES AND WILL NOT ADVERSELY IMPACT THE CHARACTER OF THE NEIGHBORHOOD OR DISTRICT.
THE NETTING NEAR THE 16TH GREEN WILL BE CONSTRUCTED OF THE SAME MATERIAL USED IN ARIES SO AS NOT TO ENDANGER NATIVE BIRD SPECIES IN THE AREA AND WILL BE DESIGNED TO BE OF SUCH HEIGHT AND COLOR TO MINIMIZE VISIBILITY WHILE ACCOMPLISHING ITS PURPOSE TO REDUCE TO THE MAXIMUM EXTENT PRACTICABLE THE INTRUSION OF GOLF BALLS INTO THE SURROUNDING RESIDENTIAL HOMES AND COMPLEXES.
IN THIS REGARD, WE NOTE THAT UNLIKE PAST APPLICATIONS AND THE REQUEST FOR NETTING IN CONNECTION WITH THE DRIVING RANGE, THE OWNER OF THE HOME ADJACENT TO THE 16TH GREEN HAS APPEARED AND TESTIFIED IN FAVOR OF THE VARIANCE FOR THE INSTALLATION OF THE NETTING ADJACENT TO HIS PROPERTY.
THE GOAL OF THE APPLICANT CANNOT BE ACHIEVED BY SOME OTHER FEASIBLE MEANS WITHOUT REQUIRING THE VARIANCES.
WE ARE GRANTING HEREIN BECAUSE THE NEED FOR SUCH VARIANCES IS DICTATED BY THE LOCATION OF EXISTING FACILITIES IN PROXIMITY TO NEIGHBORING RESIDENTIAL PROPERTIES.
THE REQUESTED HEIGHTENED SETBACK VARIANCES ARE SUBSTANTIAL IN RELATION TO THE REQUIREMENTS SOUGHT TO BE VARIED.
FOR EXAMPLE, THE HEIGHT REQUESTED FOR THE NETTING ADJACENT TO THE 16TH GREEN OF 25 FEET IS OVER TWICE THE HEIGHT 12 FEET PERMITTED.
AND THE REDUCTION OF THE SETBACK FROM THE TENNIS ENCLOSURE FROM 25 FEET REQUIRED TO SIX FEET IS AN APPROXIMATE 75% REDUCTION.
THIS FACT WILL BE MITIGATED, HOWEVER, BY THE FACT THAT AS NOTED, THE COLOR AND TRANSPARENCY OF THE NETTING TOGETHER WITH THEIR PLACEMENT IN OR NEAR EXISTING VEGE VEGETATION WILL REDUCE THE VISIBILITY OF THE NETTING AND WE ARE REQUIRING THE APPLICANT TO INSTALL A STORM WATER RETENTION AND DRAINAGE SYSTEM THAT WILL ADDRESS ANY INCREASE IN STORM WATER RUNOFF GENERATED BY THE SEASONAL TENNIS ENCLOSURE.
THE PROPOSED VARIANCES FOR THE TENNIS ENCLOSURE AS CONDITIONED WILL SIMILARLY NOT ADVERSELY IMPACT THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD.
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THE TENNIS ENCLOSURE IS BEING PROPOSED FOR THE LOWER TENNIS COURTS SO AS TO REDUCE ITS VISIBILITY FROM NEARBY RESIDENCES TO THE MAXIMUM EXTENT PRACTICAL.IN ADDITION, WE HAVE CONDITIONED IT TO BE OPAQUE SO AS NOT TO EMIT LIGHT DURING EVENING HOURS, EXCEPT THROUGH A SINGLE SKYLIGHT FACING UPWARD, NOT IN THE DIRECTION OF ANY NEARBY RESIDENCE.
WITH RESPECT TO THE CONCERNS EXPRESSED BY NEIGHBORS ABOUT THE POSSIBILITY THAT THE ENCLOSURE COULD RESULT IN AN EXACERBATION EXACERBATION, EXCUSE ME, OF EXISTING FLOODING ONTO THE AJA ADJACENT PARKING GARAGE AND THE COMMERCIAL DEVELOPMENT ON EAST HARTSDALE AVENUE, IT IS NOTED THAT THE APPLICANT WILL BE INSTALLING A STORMWATER RETENTION AND DRAINAGE SYSTEM WHERE NONE PRESENTLY EXISTS.
IT IS THEREFORE EXPECTED TO RESULT IN A NET IMPROVEMENT IN THE EXISTING STORMWATER DRAINAGE CONDITIONS IN THE AREA.
AND WE HAVE CONDITIONED THE VARIANCES FOR SUCH ENCLOSURE SUCH THAT A FAILURE TO MAINTAIN IT OR IF IT SHALL PROVE TO BE INEFFECTIVE IN PREVENTING AN INCREASE IN FLOODING TO NEARBY PROPERTIES WILL REQUIRE REMOVAL OF THE ENCLOSURE WITHIN SEVEN DAYS OF THE ISSUANCE OF A NOTICE OF VIOLATION OR DEFICIENCY BY THE TOWN BUILDING SPECTER AND OR ENGINEER.
THE APPLICANT'S NEED FOR THE VARIANCES IS SELF-CREATED BECAUSE IT IS AND HAS BEEN AWARE OF THE REQUIREMENTS OF THE ZONING ORDINANCE WHEN IT PURCHASED OR LEASED THE PROPERTY.
BUT THE FACT THAT THE APPLICANT'S NEED FOR AN AREA OF VARIANCE IS SELF-CREATED, DOES NOT BY ITSELF REQUIRE US TO DENY AN AREA VARIANCES.
FOR THE FOREGOING REASONS, WE HEREBY GRANT THE VARIANCES FOR KNITTING ADJACENT TO THE 16TH GREEN AND FOR A SEASONAL ENCLOSURE OF THE LOWER TENNIS COURTS AS CONDITIONED.
AND THE LAST CASE WE HAVE ON THE AGENDA THIS EVENING IS CASE 2222 SED AND NADIEM KANI, THAT'S THE KANI GROUP PROPERTY AT THREE 50 SOOMO RIVER ROAD.
AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO C A COMPLIANCE AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT NOW, THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRED.
NO FURTHER SECRET CONSIDERATION.
DO I HAVE WELL, THAT WAS MOTION.
UM, I MOVE THAT THE APPLICATION IN CASE NUMBER 2222 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILES, SAME WITH THE BUILDING DEPARTMENT.
UH, CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED NOVEMBER 18TH, UH, 2021 AND STAMPED JUNE 23RD, 2022, SUBMITTED IN SUPPORT OF THIS APPLICATION.
OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.
ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES.
WE HAVE APPROVED HEREIN FURTHER THAT THE FOLLOWING CONDITION SHALL BE MET.
THE APPLICANT HAS WITHDRAWN ITS REQUEST FOR A VARIANCE FOR THE WORLD FAMOUS CHICKEN SIGN ON THE BUILDING AND WILL REMOVE IT.
AND WITH RESPECT TO THE FINDINGS, ARE YOU PREPARED TO READ THOSE THIS EVENING OR NOT? NOT TONIGHT.
SO THEY ALSO WILL BE, UH, PUT INTO THE RECORD AND THEY WOULD BE AVAILABLE VERY SOON FOR ANYONE WHO WISHES TO SEE THEM AND HAVE THEM AVAILABLE.
AND WITH THAT, I'M WISHING EVERYONE A GOOD EVENING AND APPRECIATE THE FACT THAT WE ARE BACK TOGETHER AGAIN.