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AH,

[00:00:01]

THANK YOU, .

[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS GREENBURGH TOWN HALL AGENDA THURSDAY, October 20, 2022 – 7:00 P.M. Please Take Notice that the Zoning Board of Appeals of the Town of Greenburgh will hold a Public Hearing on Thursday, October 20, 2022 at 7:00 p.m. The meeting will take place in the Town Hall auditorium and via Zoom. If you would like to participate via Zoo, please pre-register through the Department of Community Development and Conservation by emailing publichearing@greenburghny.com or calling 914-989-1530, specifying the application(s) that you would like to speak on. Instructions to participate will then be emailed to you. All persons interested in viewing the meeting live can do so via the Town’s website at https://ny-greenburgh.civicplus.com/485/Watch-Live-Board-Meetings or local Altice Channel 76 and Verizon/FiOS Channel 35. In addition, individuals may submit comments via email to publichearing@greenburghny.com, or regular mail to Town of Greenburgh, attn: CD&C, 177 Hillside Avenue, Greenburgh, NY, 10607, and such comments will be made part of the record. Application materials can be found at the following link: https://greenburghny.com/596/_-Active-Applications---Zoning-Board-of-Appeals ]

GOOD EVENING, EVERYONE.

RECORDING IN PROGRESS.

GOOD EVENING EVERYONE.

NO ONE WANTED TO JOIN US IN PERSON TONIGHT, EXCEPT VERY FEW PEOPLE HERE, BUT WE'RE HERE FOR YOU.

THIS IS THE ZONING BOARD OF APPEALS.

TODAY IS OCTOBER MICROPHONE.

OKAY, LET ME START ALL OVER AGAIN.

GOOD EVENING.

ALL.

THIS IS THE ZONING BOARD OF APPEALS OCTOBER 20TH, 2022.

MEETING OF THE ZONING BOARD OF APPEALS TOWN OF GREENBURG WILL NOW COME TO ORDER.

WE HAVE SIX CASES THAT ARE SCHEDULED ON TONIGHT'S AGENDA, HOWEVER, CASE 2205 ORALLY GAS HAS BEEN ADJOURNED TO OCTOBER 10TH, 17TH.

17TH, NOVEMBER.

OKAY.

NOVEMBER, NOVEMBER, NOVEMBER 17TH.

AHA.

OKAY.

YOU KNOW, I WRITE THINGS AND GOOGLE LIKES TO CHANGE IT FOR SOME REASON.

CASE 2215, MARIAN WOODS HAS REQUESTED AN ADJOURNMENT AND CASE 2227 LEE WOLSKI AND AMY FOOT HAVE REQUESTED TO WITHDRAW.

PLEASE NOTE THAT THE ZONING BOARD WILL HAVE OUR NEXT REGULAR MEETING ON THURSDAY, NOVEMBER 17TH.

AS USUAL, IF WE COULD NOT COMPLETE THE HEARING ANY CASE TONIGHT, IT WILL BE ADJOURNED TO ANOTHER MEETING, HOPEFULLY TO 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 TONIGHT'S MEETING.

AFTER THE PUBLIC HEARING OF TONIGHT'S CASES, THE BOARD WILL MEET AND DISCUSS THE CASE.

AS WE HAVE HEARD TONIGHT, EVERYONE HERE IS WELCOME TO LISTEN TO OUR DELIBERATIONS AS WELL AS YOU THAT ARE ON ZOOM.

HOWEVER, YOU CANNOT BE PERMITTED TO SPEAK OR PARTICIPATE AFTER OUR DELIBERATIONS, WE COME BACK ON THE PODIUM TO ANNOUNCE THE BOARD'S DECISION FOR FORMAL, FOR THE FORMAL RECORD AND FOR IT TO BE BROADCAST TO THE COMMUNITY.

IF YOU'RE GOING TO SPEAK AND YOU ARE PRESENT, COME UP TO THE MIC AND CLEARLY STATE YOUR NAME AND ADDRESS OR YOUR PROFESSIONAL AFFILIATION.

IF YOU'RE NOT A NAMED APPLICANT, PLEASE SPELL YOUR NAME FOR THE RECORD.

WE'VE HEARD TESTIMONY IN SOME OF THESE CASES AT PRIOR MEETINGS.

ALL PRIOR TESTIMONY IS ALREADY IN THE RECORD AND SHOULD NOT BE REPEATED SINCE THE FIRST CASE ON TONIGHT'S AGENDA WOULD BE 2215.

MARIAN WOODS, DO I HEAR A MOTION TO ALLOW THIS, THAT CASE TO BE ADJOURNED? SO, MOTION.

DO I HEAR A SECOND? SECOND .

SECOND ? YES.

YOU SHOULD ANNOUNCE THE DATE OF THE ADJOURNMENT.

IT'S ADJOURN TO OH, FEBRUARY, FEBRUARY, 2023.

OKAY.

WITH THAT ADDITION TO THE, TO THE RECORD THAT IT'S GOING TO BE ADJOURNED TO 2023 AND THE MONTH IS FEBRUARY.

FEBRUARY.

NOW DO I HAVE A MOTION? SO MOVED.

DO YOU HAVE A SECOND? I SECOND.

THANK YOU.

ALL IN FAVOR? AYE.

AYE.

THE CHAIR VOTES AYE THEN TO CASE 2227, LEE WOLSKI AND AMY FOOTE.

DO I HAVE A MOTION TO PERMIT THE APPLICANT TO WITHDRAW? SO MOVED.

SECOND.

SECOND.

ALL IN FAVOR? AYE.

AYE.

CHAIR VOTES.

AYE.

THEREFORE, MOVING ON TO OUR AGENDA FOR THIS EVENING.

WE EVEN ONE MORE ADJOURNMENT.

OH, ONE MORE ADJOURNMENT.

YEP.

UH, CASE 2229, RAYMOND OSKY.

AND THAT WOULD BE ADJOURNED TO.

DO WE HAVE A DATE THAT NOVEMBER 17TH THE APPLICANT DESIRES NOVEMBER 17TH.

NOVEMBER 17TH.

SO MOVED SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

CHAIR VOTES.

AYE.

THANK YOU ALL.

NOW WE CAN MOVE ON.

AND THE NEXT CASE WE HAVE ON OUR AGENDA TONIGHT IS, I HAVE MY WRONG AGENDA.

WHICH ONE? GIVE YOU THAT, WHICH I MARKED IF THERE'S THE LATEST ONE.

OH, OKAY.

RENAR SELF STORAGE.

L L C.

AND WHO IS HERE TO ADDRESS THAT MATTER? GOOD EVENING, MADAM CHAIR.

CAN YOU HEAR ME? YES.

GOOD EVENING, MADAM CHAIR, MEMBERS OF THE BOARD, DAVID STEINMETZ FROM THE LAW FIRM OF ZIN AND STEINMETZ.

I'M HERE REPRESENTING RENARD SELF-STORAGE.

I'M JOINED BY

[00:05:01]

OUR ENTIRE DEVELOPMENT TEAM, MY CLIENTS DINO THOMASETTI AND TOM ANTONINO.

UH, PAUL DUMOND FROM J M C ENGINEERING AND PLANNING.

AND OUR PROJECT, UH, ARCHITECT MICHAEL SEG.

UH, MADAM CHAIR, I'M GONNA ATTEMPT TO BE AS BRIEF AS POSSIBLE 'CAUSE WE HAVE OBVIOUSLY BEEN BEFORE YOUR BOARD AT SEVERAL DIFFERENT MEETINGS.

AND WE HAVE PRESENTED, AND AS YOU'VE INDICATED, UH, THE MATTERS THAT WE'VE PREVIOUSLY PRESENTED A PART OF THE RECORD.

WE GOT A, UM, WRITTEN REQUEST FROM THE BOARD SUBSEQUENT TO THE LAST APPEARANCE.

UH, CAROL SENT US A LETTER, UH, PAUL DUMOND AND I RESPONDED TO THAT LETTER.

WE SUPPLIED YOU WITH ADDITIONAL INFORMATION THAT WE BELIEVE IS INDEED RESPONSIVE TO THOSE REQUESTS.

WE'RE HAPPY TO ANSWER ANY QUESTIONS RELATIVE TO THAT.

UM, CAROL WAS ALSO KIND ENOUGH TO PROVIDE US WITH A COMMUNICATION THAT CAME IN FROM A NEIGHBOR, I THINK THAT CAME IN TODAY OR YESTERDAY, UH, THAT NEIGHBOR HAS PREVIOUSLY APPEARED, UH, IN WRITING.

UM, THERE WAS NOTHING PARTICULARLY NEW.

I JUST WANNA SIMPLY STATE FOR THE RECORD THAT IT IS THE APPLICANT'S UNDERSTANDING THAT WE COMPLIED WITH ALL NOTICE REQUIREMENTS, NOT ONLY IN THE TOWN OF GREENBURG, BUT ALSO IN THE VILLAGE OF ELMSFORD WHERE THAT PARTICULAR NEIGHBOR RESIDES.

AND I WOULD ALSO STATE FOR THE RECORD THAT, UM, PARTICULARLY SINCE THAT NEIGHBOR, UH, IS IN ELMSFORD, UH, AS THE BOARD KNOWS THE VILLAGE OF ELMSFORD, BOARD OF TRUSTEES DECLARED ITSELF LEAD AGENCY IN THIS MATTER, THEY ISSUED A NEGATIVE DECLARATION.

UH, THEY ALSO ISSUED SITE PLAN APPROVAL AND THEIR ZONING BOARD OF APPEALS GRANTED VARIANCES.

SO WE ARE HERE TONIGHT, MADAM CHAIR, UH, WITH THE HOPE THAT THE BOARD CAN INDEED CLOSE THE PUBLIC HEARING AND PROCEED WITH OUR APPLICATION FOR THE VARIANCES THAT WE HAVE REQUESTED FROM THE TOWN OF GREENBURG WITH REGARD TO THAT PORTION OF THIS PROPERTY, WHICH IS LOCATED IN THE TOWN OF GREENBURG.

ABSENT THAT I HAVE, I HAVE NOTHING FURTHER AFFIRMATIVELY THAT I WISH TO PRESENT, ALTHOUGH WE ARE, AGAIN, PAUL AND I AND OUR ENTIRE TEAM ARE HAPPY TO ANSWER ANY QUESTIONS, MADAM CHAIR, UH, AND CONTINUE TO, UH, UH, REMAIN, UH, AS COOPERATIVE AS POSSIBLE WITH THE TOWN.

THANK YOU.

ANY QUESTIONS FROM ANY BOARD MEMBERS? I HAVE? SURE.

UM, ONE OF THE QUESTIONS I HAVE IS THAT, ARE THERE ANY GREENBERG BUILDINGS THAT ARE NON-COMPLIANT IN THIS NEIGHBORHOOD VIS-A-VIS HEIGHT? THE ONLY ONE THAT I SAW THAT YOU MENTIONED WAS, UM, 59 NEEN AVENUE, WHICH IS ABOUT TWO AND A HALF FLOORS AS OPPOSED TO YOURS IS FIVE STORIES HIGH.

SO ARE THERE ANY BUILDINGS OTHER THAN THAT, THAT HAVE ANY, UM, COMPARABLE HEIGHTS THAT HAVE VARIANCES FOR HEIGHTS? SO THE, I THINK THAT WAS TWO DIFFERENT QUESTIONS.

ONE, THE SECOND QUESTION WAS ANY COMPARABLE HEIGHTS.

THIS, THE FIRST QUESTION WAS ANY THAT, UM, THAT EXCEED THE REQUIREMENT? 'CAUSE THAT'S TWO DIFFERENT THINGS.

PAUL, ARE YOU ABLE TO RESPOND TO WHETHER THERE ARE ANY NONCOMPLIANT AS AS TO HEIGHT OUT OF THE, OUT OF THE PROPERTIES THAT WE ISOLATED AND ANALYZED, THERE WAS NO, NO PROPERTIES THAT WE SAW THAT WERE, UM, THAT RECEIVED VARIANCES.

BUT I KNOW THAT THERE IS THE, THERE IS A BUILDING ON, UM, ON, UH, UP THE ROAD ON HAN AVENUE THAT I BELIEVE IS, UM, 35 OR 45, UH, 40 FEET IN HEIGHT.

UM, I, I DON'T RECALL THE ADDRESS.

JUST A QUICK REMINDER, IF YOU COULD PLEASE IDENTIFY YOURSELF AND YOUR AFFILIATION, UM, AT, BEFORE YOU SPEAK FOR THIS STENOGRAPHER.

THANK YOU.

DID YOU HEAR THAT? YES.

YEAH.

FOR THE RECORD, PAUL DUMONT, J M C.

COULD YOU SPELL IT PLEASE? UH, PAUL DUMONT.

D U M O N T.

THANK YOU.

AND I JUST HAVE A, A SECOND AND SOMEWHAT RELATED QUESTION.

IT'S BASICALLY THE SAME QUESTION FOR ELMSFORD.

ARE THERE ANY BUILDINGS THAT ARE NON-COMPLIANT IN THIS AREA, IN THIS PART OF ELMSFORD, UM, VIS-A-VIS HEIGHT? SO, UM, PAUL, I'M HAPPY TO TEE YOU UP ON THIS.

IF I RECALL CORRECTLY, THE HEIGHT REQUIREMENT IN THE VILLAGE OF ELMSFORD IS EXTREMELY TALL.

UM, IF THE BUILDINGS IN ELMSFORD ON THE ELMSFORD SIDE OF THE LINE WERE BUILT, UH, THEY COULD ACTUALLY BE BUILT, PAUL, IS IT 120 FEET? 150 FEET? 150 FEET.

SO, UM, SO, UH, THE ANSWER TO YOUR QUESTION IS THERE IS NO BUILDING IN ELMSFORD THAT IS, UH, AT ITS MAXIMUM AT 150 FEET.

HOWEVER, ALL OF THE PROPERTIES IN THIS ZONING DISTRICT ARE PERMITTED TO GO TO 150.

NO, I, I'M, I MISSED MISS MISSTATED IT FOR, IF THAT'S HOW YOU UNDERSTOOD IT.

ARE THERE ANY WHO THAT ARE, UM, THAT ARE, ARE, UM, BASICALLY

[00:10:01]

THIS HIGH? ANYTHING THAT'S COMPARABLY HIGH? THERE'S ANY OTHER FIVE STORY BUILDINGS IN THIS NEIGHBORHOOD IN THE PART OF ELMSFORD? NO.

THAT YOU'RE CORRECT.

THAT IS A DIFFERENT QUESTION.

AND THE ANSWER TO THAT IS NO, THERE'S NO FIVE STORY BUILDING.

UM, HOWEVER, THERE, UH, THAT WAS, UH, UNEQUIVOCALLY TAKEN INTO ACCOUNT BY THE LEAD AGENCY FOR SECRET PURPOSES, THAT THE ZONING IN ELMSFORD PERMITTED AN EXCEEDANCE UP TO 150 FEET, AS WELL AS THE FACT THAT, UM, NUMEROUS PROPERTIES, NOT ONLY IN GREENBURG BUT IN ELMSFORD, WE'RE ZONING NON-COMPLIANT WITH REGARD TO CRITERIA OR ANOTHER.

ANY OTHER QUESTIONS? WE, WE LOST ONE OF OUR AUDIENCE MEMBERS, BUT I DO SEE A HAND UP IN THE AUDIENCE.

YES.

COME UP PLEASE.

PEYTON.

MY NAME IS, UH, WILLIAM BAKER.

I'M A RESIDENCE OF THE TOWN OF GREENBURG AND ALSO A PROPERTY OWNER WITHIN A NOTICE NOTICEABLE DIS DISTRICT DISTANCE TO THIS, UM, FACILITY.

I HAVE SHOWN UP AT THE VILLAGE OF ELMSFORD, UH, HEARING, AND I HAD WRITTEN A LETTER MYSELF AND REGINA BAKER, WHO IS NOT MY WIFE, BUT A PARTNER IN THE PROPERTIES THAT I OWN.

MY QUESTION ON THE VARIANCE IS THE PARKING, I BELIEVE IT WAS INCLUDED IN, IN THE LETTER I SENT, BUT JUST JUST FOR THE RECORD, I FIND THE PARKING GR UH, VARIANCES, UH, PROPOSED ARE GOING TO CREATE MORE OF A TRAFFIC PROBLEM, ESPECIALLY WITH THE SIDE YARD SETBACKS OF THIS BUILDING ON THE, THE STREET, WHICH IS HAYES STREET, WHICH RUNS BOTH IN THE VILLAGE OF ELMS STREET AND IN THE TOWN OF GREENBURG.

AND KNOWING THE PROPERTIES FOR WELL OVER 50 YEARS, I FIND THAT THIS, UH, VARIANCE REQUEST IS, IS VERY HEAVY BECAUSE OF ALL THE TRUCK TRAFFIC IN THE AREA.

WE HAVE THE BROOKFIELD MANAGEMENT FACILITY, AND, UH, WE HAVE EMPIRE WALL BOARD AND WE HAVE MULTIPLE AUTO BODY SHOPS IN THE AREA, WHICH, UM, THEY'RE ALL CENTERS DOWN THERE.

AND I KNOW WE DON'T WANT TO CREATE A BIG, BIG PROBLEM, BUT IN THE SAME TIME, I DON'T SEE WHY WE SHOULD ACTUALLY EX INCREASE THE, UM, TRAFFIC FLOWS IN PATTERNS AND THE, THE VARIANCE, THE, THE CODE VARIANCES OF REDUCING THE PARKING BY OFF STREET PARKING BY 50%.

AND THE, UH, THERE'S GOING TO CREATE AN ADDITIONAL TRAFFIC PROBLEM IN THAT AREA.

THERE ARE MANY BIG TRUCKS THAT COME BY, AND I KNOW THE GUYS SAID IN THE VILLAGE Z B A HEARING THAT THEY'RE ONLY GONNA HAVE BIG TRUCKS ONCE IN A WHILE, BUT THE ROADS SOUND THERE ARE QUITE BUSY AND PA QUITE NA NARROW.

AND I'D ASK THE BOARD TO SERIOUSLY CONSIDER THAT BECAUSE IN ADDITION TO MY LETTER, WHICH SAID, A LOT OF VARIANCES ARE EXCESSIVE AS A REQUEST.

THAT'S IT.

THANK YOU, GARRETT.

WAS THERE ANYONE ELSE WHO WANTED TO SPEAK REGARDING THIS MATTER THIS EVENING? UH, NO.

HAVING, UH, HEARD FROM THE GENTLEMAN WHO JUST SPOKE, WOULD THE APPLICANT LIKE TO MAKE ANY COMMENTS? VERY BRIEFLY.

THANK YOU.

UM, MADAM CHAIR, UM, PARTICULARLY SINCE WE CAN'T PARTICIPATE DURING YOUR DELIBERATIONS, UH, IF THERE ARE ANY OTHER QUESTIONS THAT YOU OR ANY OF THE BOARD MEMBERS HAVE, WE ARE HERE AND HAPPY TO DISCUSS AND ELABORATE AS TO MR. BAKER'S COMMENTS.

FIRST AND FOREMOST, I WOULD INDICATE THAT, UH, A TRAFFIC STUDY WAS PRESENTED TO BOTH YOUR MUNICIPALITY AS WELL AS THE LEAD AGENCY.

I WOULD REMIND THE BOARD ONCE AGAIN THAT THERE WAS AN UNCHALLENGED OFFICIAL

[00:15:01]

DETERMINATION THAT THERE WAS NO SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT ASSOCIATED WITH TRAFFIC OR PARKING.

I WOULD ALSO MENTION, I THINK THE BOARD IS WELL AWARE, I KNOW YOUR PROFESSIONAL STAFF IS WELL AWARE THAT THE INSTITUTE OF TRAFFIC ENGINEERS, THE IT MANUAL UNQUESTIONABLY DEMONSTRATES THAT SELF-STORAGE IS ONE OF THE LOWEST TRAFFIC AND PARKING USES THAT COULD LAWFULLY EXIST IN THAT ZONE.

SO ANY OTHER USE OF THAT PROPERTY WOULD LIKELY, UM, NECESSITATE SIGNIFICANTLY MORE PARKING AND MORE VEHICULAR MOVEMENT.

SO, UM, IT WAS ONE OF THE REASONS WHY THIS USE WAS APPLAUDED, UH, BY THE VILLAGE OF ELMSFORD AND BY THE TOWN OF GREENBURG PLANNING BOARD.

UH, THE USE IS LAWFUL.

IT IS AN EXCELLENT USE FOR THIS LOCATION.

WE AGREE WITH THE GENTLEMAN.

UH, BROOKFIELD DOES HAVE, UM, QUITE A FEW, UH, INDUSTRIAL SIZED TRUCKS THAT TRAVERSE THE LOCAL ROADS AS SOME OF THE OTHER USES IN THE AREA.

UH, WE ACTUALLY THINK THIS ONE WILL BE PROBABLY THE MOST GENTLE, LIKELY THE MOST ATTRACTIVE, UM, AND PROBABLY THE MOST QUIET OF ALL THE USES.

OKAY.

ANY QUESTIONS? ANY COMMENTS? ALL RIGHT, THANK YOU.

THANK YOU.

OKAY, NEXT CASE ON OUR AGENDA IS CASE 2228, EL PESCADO, L L C PROPERTY AT ONE 12 WEST MINSTER ROAD.

HI, GOOD EVENING.

UM, STEVEN SINI, THE ARCHITECT FOR THE APPLICANTS AT ONE 12 WEST MINSTER.

UH, THANK YOU FOR YOUR TIME TONIGHT.

UH, WE'RE HERE TO, UH, REQUEST A VARIANCE FOR, UM, F A R, UH, IN ORDER TO, UH, CONSTRUCT A DORMER ON THE ROOF OF THE EXISTING, UH, ONE AND A HALF STORY STRUCTURE, UM, FOR, UH, DEGREES PURPOSES OF MAKING A LOFT MASTER BEDROOM, A CURRENT LOFT MASTER BEDROOM INTO A, UH, A REASONABLY SIZED, UH, MASTER BEDROOM, UH, IN THE HOUSE.

UH, THE S I R UH, FIRST OF ALL, LEMME JUST SHARE MY SCREEN IF THAT'S OKAY.

CAN YOU SEE THE SCREEN ALL RIGHT? YES, YES, YES.

THANK, THANK YOU.

SO THIS IS THE SITE PLAN.

IT'S A LITTLE BUSY AND I APOLOGIZE FOR THAT.

BUT, UM, YOU CAN SEE HERE, UM, WHERE I'M HIGHLIGHTING THE, UH, CORNER OF THE PROPERTY THERE, WHERE THE, UH, THE DORMER WOULD BE PROPOSED.

UH, IT WOULD BE, UH, VISIBLY FROM THE STREET THERE.

IT IS ACTUALLY ONLY ABOUT THE ONE STORY STRUCTURE BECAUSE OF THE WAY THE GRADE SLOPES, UH, UP, UP TO THE RIGHT IN THIS CORNER.

UH, BUT THE DORMER WOULD BE ON AN EXISTING, UH, ROOF THERE.

IT WOULD NOT BE ANY HIGHER THAN THE EXISTING STRUCTURE IS.

UH, IF I FLIP OVER TO THE PICTURES, UM, YOU CAN SEE THERE IS A PICTURE OF THE EXISTING WHERE THE BAY WINDOW WOULD BE.

THESE TWO SKYLIGHTS WOULD BE REMOVED AND THE DOOR MIRROR WOULD BE, UH, PLACED RIGHT HERE.

UH, I BELIEVE I HAVE ON THE DRAWING ITSELF, UH, UH, AN IDEA OF WHAT THAT LOOKS LIKE, TWO DIMENSIONAL.

BUT, UH, THERE'S THE EXISTING AND THERE WOULD BE THE PROPOSED.

SO AGAIN, IT'S NOT ANY HIGHER.

GOING BACK TO THE PHOTOGRAPHS, SORRY TO JUMP AROUND.

UM, BUT YOU CAN SEE A BETTER ONE HERE.

YOU CAN SEE HERE WHERE THE EXISTING ROOF IS, AND IT WOULD NOT BE ANY HIGHER THAN THAT.

IT'S, IT'S COMING UP TO THE EXISTING PEAK AND THEN SLOPING DOWN ON A SHED.

UH, SO THE BULK OF THE HOUSE REALLY WOULDN'T BE ANY HIGHER, BUT I DO UNDERSTAND THAT WE'RE ADDING 84 SQUARE FEET OF F A R TO A LOT THAT IS, UH, ALREADY OVER ON THE F A R, UH, AND REQUIRING A VARIANCE.

UH, THE IMPORTANCE, AGAIN, UH, AS I MENTIONED, JUST AS, AS FAR AS SPACE IS CONCERNED, YOU CAN SEE THE EXISTING PLAN HERE.

UH, THIS CEILING SLOPES DOWN HERE IS ABOUT A FOUR FOOT WALL, UH, FOUR AND A HALF FOOT WALL AGAINST THE BED HERE.

UH, THERE WAS A DORMER CONSTRUCTED IN THE HOUSE.

I DON'T KNOW IF IT WAS WHEN IT WAS BUILT ORIGINALLY OR MANY YEARS AGO, BUT IN THE BACK OVER HERE JUST TO GET A BATHROOM IN.

UH, AND THIS CLOSET THAT IT SLOPES DOWN TO ABOUT SEVEN FEET HERE, UM, WE'RE REALLY JUST LOOKING AT PICKING UP THIS EXTRA SQUARE FOOTAGE HERE THAT THEY CAN PUT A BED BACK IN AND HAVE A NORMAL, UH, HEAD HEIGHT THAT THEY'RE NOT HAVING TO BEND DOWN WHEN THEY GET OUT OF THEIR BED.

UM, SO THE, THE RESULTANT WOULD BE THIS HERE, UH, JUST SHIFTING THE BED BACK INTO THE DORMER AND HAVING A NORMAL CEILING HEIGHT.

UH, WE WOULDN'T BE EXPANDING ANYTHING ON THE SIDE AND FRONT AND EVERYTHING ELSE WOULD LOOK THE SAME.

UM, IS, UH, THERE'S, YOU KNOW, A LITTLE BIT OF A PRECEDENT ALONG THE STREET THERE.

AND JUST TO SHOW SOME EXAMPLES OF, UH, OF OTHER THINGS THAT I'VE GOT THIS DORMER HERE AT, UH, ONE 10 WESTMINSTER.

UM, AND THEN GOING FORWARD AGAIN, YOU'VE GOT THESE AT 76 AND 70, WHICH ARE ALL IN THE SAME STRIP, UH, WITH THESE, UH, YOU KNOW, FROM THE STREET.

THESE ARE SORT OF TWO AND A HALF, THREE STORY STRUCTURES, BUT THEY'VE GOT THESE DORMERS HERE AND THESE GABLES AS WELL.

SO, UM, AS FAR AS CHARACTER OF THE NEIGHBORHOOD, I THINK, YOU KNOW, WE'RE MORE IN LINE WITH WHAT YOU'RE SEEING RIGHT HERE AT ONE 10 WESTMINSTER.

UM, BEING

[00:20:01]

THAT WE'RE, YOU KNOW, VISIBLY FROM HERE, FROM THIS PORTION HERE, IT'S ONLY ABOUT ONE STORY STRUCTURE AND WE'RE ADDING THE DORMER TO THAT TOP OF THAT ROOF.

UM, JUST TO, TO SPELL OUT AS FAR AS THE, THE, THE, THE VARIANCE REQUESTED IS, UM, WE HAD TO DO A SLOPES ANALYSIS.

OBVIOUSLY THE TOWN OF GREENBURG, YOU NEED TO DEDUCT CERTAIN AMOUNT OF SLOPES AND GROSS FLOOR, UH, GROSS, UH, LOT AREA, AND THEN YOU, YOU DO BASED ON THAT.

UM, BECAUSE OF THE SLOPES, OBVIOUSLY, IF WE WERE NOT TO HAVE TO DEDUCT THOSE, WE WOULD BE, UH, WE WOULD BE ONLY, I THINK ASKING FOR MAYBE A, UH, AN 80 SQUARE FOOT VARIANCE, UH, AS OPPOSED TO THE FACT THAT WE'RE ASKING FOR, UM, A MUCH LARGER VARIANCE, UH, BECAUSE OF THE EXISTING CONDITIONS OF THE HOUSE, WHICH MUST HAVE PREDATED THE, THE, THE SLOPES OR THE ZONING OR WHATEVER'S THERE NOW, OR WHATEVER'S THERE NOW.

BUT WHAT WE'RE ASKING FOR, UH, WE HAVE, UH, REQUIRED 31 42 IS THE MAXIMUM.

UM, RIGHT NOW THERE'S 3,600, UH, AND WE WOULD BE GOING UP TO 3,713, WHICH IS AN 84 SQUARE FOOT ADDITION.

UH, OVERALL, WHAT'S WE'RE ASKING FOR IS THE PERCENTAGE OVER WHAT'S EXISTING IS ONLY 0.01%, BUT WE DO REALIZE, UM, THAT THERE'S THAT EXTRA, UH, YOU KNOW, 500, 600 SQUARE FEET THERE, UH, OVER WHAT'S ALLOWED.

UH, BUT WE'RE JUST REALLY ASKING FOR PERMISSION, I GUESS, TO CONSTRUCT SOMETHING THAT'S 84 SQUARE FEET AS OPPOSED TO WHAT THE OVERAGE ACTUALLY IS.

UH, ARE THERE ANY QUESTIONS? THE PROPERTIES THAT YOU, UH, PRESENT IN YOUR PICTURES IS THE, UH, SQUARE FOOTAGE OF THE LOT SIZE COMPARABLE TO ONE 12 OR NOT? THEY'RE COMPAR, THEY'RE COMPARABLE.

GOING UP AND DOWN THAT BLOCK HERE, THERE'S SOME MORE ON THE NORTH SIDE OF THE STREET, THERE'S SOME LARGER LOTS, BUT THESE ARE ALL COMPARABLE IN SIZE.

AND DO YOU KNOW THE COMPARABLE SQUARE FOOT FOOTAGE OF ONE 10 AND 1 0 8? NO, BUT, UH, IF GIVEN ONE MOMENT, I COULD PROBABLY FIND THAT OUT FOR YOU.

I'M ON THE G I S MAPS RIGHT NOW.

IT IS, UM, THEY DON'T SHOW THAT I'D HAVE TO GO TO THE ASSESSMENT.

UH, BUT I'M LOOKING RIGHT NOW, THE DIMENSIONS ARE ALMOST IDENTICAL TO ONE 12 WESTMINSTER, 1 21 10 IS ALMOST IDENTICAL TO THE DIMENSIONS.

UM, I CAN SHARE THIS ACTUALLY RIGHT NOW AS WELL, I BELIEVE.

LET'S SEE, I DO A NEW SHARE TO HERE.

CAN YOU SEE THAT? THE MAPS NOW? COULD YOU POINT IT OUT? ARE YOU ABLE TO YES, YES, WE CAN SEE MAPS.

SO THIS IS THE, UH, APPLICANT'S, UH, PROPERTY HERE.

AND IT HIGHLIGHTED IN YELLOW.

YOU CAN SEE THIS IS ONE 10 RIGHT NEXT DOOR.

IT'S ALMOST COMPARABLE IN SIZE.

YOU CAN SEE JUST THE PROPORTIONS HERE AS OPPOSED TO THIS 1, 1 0 8 IS ACTUALLY SMALLER IN SIZE THAN, UH, THAN THE APPLICANTS HERE.

UM, AND THEN IF I GO UP TO 76 AND 60 GOING DOWN THIS WAY, UH, THESE ARE, THAT, THAT LOT AND THIS LOT, THESE TWO LOTS ARE A LITTLE LARGER.

THOSE ARE THE HOUSES THAT LOOK LIKE THEY WERE PERCHED UP ON TOP OF THE HILL.

BUT SPECIFICALLY SPEAKING OF ONE 10 OR IMMEDIATELY NEXT DOOR WITH THAT DORMER, THIS IS ABOUT THE SAME EXACT SIZE AS THIS, MAYBE EVEN SMALLER IF I DID THE CALCULATIONS.

HOW LONG HAVE, UH, YOUR CLIENTS OWNED THE PROPERTY, IF YOU KNOW? I DON'T KNOW.

THEY HAVEN'T ESTABLISHED BUSINESS, UH, ATTACHED TO THE BUILDING.

UM, AND THEY'VE BEEN THERE FOR YEARS, BUT I HONESTLY DON'T KNOW EXACTLY HOW LONG.

I'M SORRY.

HOW MANY BEDROOMS ARE CURRENTLY IN THE HOUSE? UH, THREE BEDROOMS. THERE'S TWO ON A, IT'S A SPLIT LEVEL THERE.

SO THE LEVEL, UH, THE HALF LEVEL UP FROM THE LIVING AREA, THERE'S TWO BEDROOMS, AND THEN ABOVE THAT IS THE MASTER.

SO THIS, THIS IS THE THIRD BEDROOM, OR THIS WOULD BE THE FOURTH? THIS IS THE THIRD BEDROOM.

IT'S AN EXISTING BEDROOM.

UH, GOING BACK TO THE PLAN, WHICH I CAN'T FIND RIGHT NOW, BUT UH, HERE IT'S GOING BACK TO THE PLAN.

UH, YEAH, YOU HAVE, THIS IS THE EXISTING HIGHER LEVEL RIGHT NOW.

BASICALLY YOU COME UP A SET OF STAIRS AND YOU CAN'T SEE OFF OF THE PLAN RIGHT HERE THROUGH THIS DOOR, THE STAIRS, RIGHT.

IMMEDIATELY FOLLOWING THAT, YOU GO DOWN THESE STAIRS HERE, UH, AND DOWN TO THE MAIN, UH, THE MID-LEVEL, WHICH HAS TWO BEDROOMS ON IT, AND THEN DOWN ANOTHER SET OF STAIRS TO THE LIVING AREA.

SO THIS IS THE UPPER FLOOR, AND THAT'S JUST ALL IT IS, IS THE MASTER BEDROOM AND YOU KNOW, AND BATH.

SO WE'RE JUST LOOKING TO BUMP THAT OUT INTO THIS AREA.

SO THIS EXISTING THREE BEDROOMS WE'RE NOT ADDING ANYMORE.

SO THE DOORMAN THAT YOU'RE, THAT YOU'RE PUTTING IN WOULD NOT REALLY COVER THE ENTIRE

[00:25:01]

WIDTH OF THE ROOM, CORRECT? IT WOULD NOT.

WE'RE TRYING TO, WE REALLY DID NOT WANT TO MODIFY THE OUTSIDE OF THE HOUSE TOO MUCH.

IF I COME, YOU CAN SEE HERE IN THIS PICTURE, IF I WERE TO COME ONE WAY, IT'D BE INTERFERING WITH THE CHIMNEY A LITTLE BIT, AND THE SIDE PROFILE OF THE HOUSE COMING THIS WAY, YOU'D START TO AFFECT OVER WHAT THE FRONT ENTRANCE IS.

AND WE REALLY, ALL WE REALLY WANTED TO DO WAS TO BE ABLE TO CREATE THAT AREA THERE FOR A BED AND TWO NIGHTSTANDS TO GO IN AND FOR THEM TO COMFORTABLY COME OUT OF EITHER SIDE OF THE BED.

SO, NO, WE, WE, WE TRIED TO MINIMIZE THE IMPACT AND DIDN'T REALLY NEED THAT MUCH MORE ROOM.

JUST REALLY NEEDED TO AGAIN, CREATE A SPACE FOR THE BED SO THAT THEY COULD GET IN AND OUT LIKE A NORMAL ADULT.

AND THE BED CAN'T BE TURNED IN ANY OTHER CONFIGURATION TO USE THE WAY THE ROOM IS NOW AND STILL HAVE THE EXISTING RIGHT.

YEAH, EXISTING RIGHT NOW THERE'S NOT ENOUGH ROOM HERE BETWEEN THE BATHROOM AND THE CLOSET, AND THERE'S NOT ENOUGH ROOM HERE EITHER TO TUCK THAT IN, UH, INTO WHAT THE EXISTING IS.

UH, AND THIS IS ALL SLOPED DOWN AS WELL.

SO, UH, NO, THERE'S REALLY NO OTHER WHERE, NO OTHER PLACE TO PUT THE BED THAT UNLESS YOU PULL IT, IF I COULD PULL IT OUT INTO THE ROOM.

BUT THEN IT IS BOTTLENECKING THIS HERE AREA HERE BETWEEN THE CLOSET AND THE BATHROOM.

AND THERE'S JUST, THERE'S REALLY NO FEASIBLE METHOD.

AND AGAIN, AS YOU POINTED OUT, WE'RE NOT PICKING UP, WE'RE NOT CREATING THE ENTIRE WIDTH OF THE BEDROOM.

AND YOU CAN SEE HERE WE'RE, WE'RE REALLY TRYING TO CENTER IT SOMEWHERE IN THE AREA OF THE BAY AND THIS AREA, AND JUST NOT INTERFERE WITH THE IMPACT OF, YOU KNOW, IMPACT OF SIDE ELEVATION AND, AND THE ENTRANCE AND EVERYTHING ELSE.

IT'S, UH, IT'S IN, IT'S IN SIZE WITH WHAT THE OTHER, THE REST OF THE HOUSE AND THE OTHER DORMERS ARE ON SOME OF THE OTHER HOUSES ON THE STREET AS WELL.

ALSO, WE DID A SHED ROOF SO AS NOT TO CREATE A HIGHER IMPACT, EITHER COULD HAVE DONE A, A GABLE ON THERE, BUT IT JUST DIDN'T MATCH WHAT WAS THERE AND IT WOULD'VE BEEN A LITTLE BIT TOO PROMINENT.

YOU SAID THIS IS A, A SPLIT LEVEL.

IS THERE SOMETHING IN THE LOWER LEVEL THAT IS OCCUPIED AND FOR USAGE OR NOT? WHEN YOU, I'M SORRY, THERE, IS IT SOMETHING IN THE LOWER LEVEL? OH, THERE'S A BASEMENT.

IS THAT WHAT YOU'RE ASKING? WELL, YEAH, THERE IS A, THERE IS A BASEMENT BELOW GRADE HERE.

YES.

UH, YOU CAN SEE I THINK MAYBE FROM THE PICTURES, BUT SO THE SPLIT LEVEL HERE, THEY COME IN HERE ONTO THE, UH, THE MAIN LEVEL.

YOU WALK UP HERE, UP THE STAIRS TO THE MAIN LEVEL.

AM I, I'M ACTUALLY, AM I IN THIS PICTURE YET HERE? UM, AND THEN THIS BAY WINDOW IS THE LI THE LIVING AREA.

UH, AS YOU COME DOWNSTAIRS INSIDE, YOU GO DOWN TO A BASEMENT WHERE THIS GARAGE IS, AND IT'S MOSTLY BURIED AROUND THE SIDE OF THE HOUSE.

MM-HMM.

, UH, ABOVE THAT, AS YOU WALK UP THE STAIRS, YOU'RE AT THIS FIRST LEVEL HERE WHERE THERE ARE TWO BEDROOMS, THE CHILDREN'S BEDROOMS. THEN INSIDE THERE'S A STAIR UP TO THIS AREA, WHICH HAS THE MASTER BEDROOM.

SO YOU'VE GOT THIS LEVEL, THE MID-LEVEL, AND THEN THE HABIT OF A LEVEL, AND THEN IT GOES DOWN TO A BASEMENT, WHICH IS BURIED.

WHAT'S, WHAT'S, WHAT IS THE, UM, ADDITION TO THE LEFT THAT'S GOT THE WHITE, THAT IS THE, THAT IS THE OFFICE.

THAT IS HIS OFFICE.

THE, UH, THE DENTAL PRACTICE.

OKAY.

AND IT IS DIVIDED RIGHT HERE ALONG THIS WALL.

SO THAT ACCOUNTS FOR THE EXTRA SQUARE FOOTAGE A LOT.

THAT'S WHERE YOUR F A R IS? YES, THAT'S CORRECT.

I WAS WONDERING WHERE IT WAS .

OH, I'M SORRY.

YEAH, I DIDN'T REALIZE YOU HADN'T SEEN THE WHOLE PICTURE, BUT, UH, YEAH, THAT'S, THAT IS THE, IF YOU LOOK AT THE SITE PLAN, UH, IT'S THIS AREA HERE.

THIS IS THE DENTAL PRACTICE, UH, THAT HE AND HIS FAMILY WORKS IN.

AND THIS IS THE RESIDENCE SPLIT RIGHT DOWN THE MIDDLE, THAT .

AND AS I WAS MENTIONING BEFORE, I MEAN, IDEALLY, I, I KNOW, YOU KNOW, AS FAR AS THE SLOPES ARE CONCERNED, BUT IF WE WERE TO NOT, TO HAVE TO DEDUCT THESE, UH, THE F A R UH, ALLOWED TO BE 3,660 SQUARE FEET, WHICH WOULD BE, UH, ABOVE WHAT WE, THEY CURRENTLY HAVE.

UH, I DO UNDERSTAND THE, THE REASON FOR THAT.

UM, BUT IT DEFINITELY IMPACTS THIS LOT, MAYBE MORE THAN OTHERS.

ANY OTHER QUESTIONS? ANYONE IN THE AUDIENCE COMMENT ON THIS? GARRETT? NO.

ONE ON ZOOM.

THANK YOU, SIR.

IF YOU COULD PLEASE STOP SHARE.

AND MADAM CHAIR, NO SPEAKERS ON ZOOM.

THANK YOU.

THANK YOU VERY MUCH FOR YOUR TIME.

I APPRECIATE IT.

THANK YOU.

OKAY.

WE DUNNO WHAT

[00:30:01]

TO DO WITH THIS THOUGH, .

WE'RE GOING TO DELIBERATE AND WE WILL BE BACK.

WE'RE GONNA GO IN THE BACK.

ARE WE GOING IN THE FRONT OR IN THE BACK TONIGHT? YOU, I DID EMAIL IT TO YOU, I THINK.

OKAY.

I, I WOULD JUST REITERATE SOME OF THE POINTS AND ADD SOME NEW POINTS ABOUT RENARD.

UM, I THINK, UH, THEY CONTINUE TO SHOW COMPLETE DISREGARD FOR THE ZONING LAWS OF THE TOWN.

HAVING LOOKED AT THE PLAN AND ALL OF THAT, I REALIZE, AND I FOUND OUT THAT THEY HAD BEEN TOLD THAT THERE'S A WAY THAT THEY CAN DO THIS WITHOUT, YOU KNOW, IF THEY JUST MOVE THE BUILDING, MOVE THE PARKING IN THE DRIVEWAY AND PUT THAT ON THE GREENBERG SIDE, THEY CAN HAVE THE SAME SIZE BUILDING AND THEY DON'T NEED ANYTHING FROM US.

BUT AGAIN, THEY'VE REFUSED TO DO THAT.

THEY SEEM TO HAVE REFUSED TO DO ANYTHING BUT WHAT THEY WANT.

I DID ASK THE QUESTION ABOUT WERE THERE ANY OTHER BUILDINGS IN THE VICINITY IN GREENBURG OR IN ELMSFORD THAT WERE THAT HEIGHT AND THE ANSWER CAME BACK, NO, THIS BUILDING'S, AT LEAST A THIRD OF THE BLOCK, IT IS GOING TO BE THIS GIANT MASSIVE THING THAT IS COMPLETELY UNLIKE ANYTHING ANYWHERE NEARBY.

UM, THEY'VE NOT DEMONSTRATED OR ANSWERED ANY OF THE QUESTIONS ON WHY THEY HAVE TO HAVE IT SO BIG.

THEY JUST SAY, WE THINK IT DOESN'T, AND THERE'S BEEN NO JUSTIFICATION OR WHY.

I, I JUST THINK THEY, UM, I SEE NO REASON TO GRANT IT.

THEY CAN ACCOMPLISH WHAT THEY WANT, OTHERWISE, WHAT THEY WANNA ACCOMPLISH, THEY HAVEN'T JUSTIFIED IT'S UNSIGHTLY.

IT IS, IT GOES AGAINST THE RULES WERE SET UP AND THEY, THE HEIGHTS WERE EVEN INCREASED IN 1987 AND YET THEY STILL DON'T WANT THEM TO COMPLY.

I, I, I JUST FIND IT ON EVERY LEVEL OFFENSIVE.

DID WE ASK THEM, HAD THEY CONSIDERED PUTTING IT ALL IN ELMSFORD AND MOVING PARKING? DID ANYBODY EVER ASK THAT QUESTION? DIANE? IT'S ON, IT'S ON.

IT'S ON.

IS IT? WELL, IT WASN'T, WE SHOULD EVEN HAVE TO ASK IF WE'RE SAYING THIS.

I MEAN, YOU, YOU CAN LOOK AT IT AND IN TWO SECONDS YOU SAY, WELL, WHY'D YOU PUT THE DRIVEWAY IN THE PARKING HERE? WHY NOT ON THE OTHER SIDE? IT'S ALL COMING FROM THE SIDE ROADS ANYWAY.

SO I MEAN, IT SHOULDN'T BE UP TO US TO TELL THEM HOW TO DO THEIR PROJECT.

I GUESS IT, IT, IT JUST, AND YES, IT'S SHINIER AND NEW THAN WHAT'S THERE.

WHAT'S THERE IS AWFUL.

AND THEY BOUGHT TWO SITES AND THEY'RE PUTTING 'EM TOGETHER.

BUT WHAT'S TO SAY THAT IN FIVE YEARS IT DOESN'T LOOK AS GRUNGY AND HORRIBLE? WE'VE NEVER SEEN A PICTURE OF WHAT THEY'RE GONNA BUILD.

THERE'S NO, THEY DON'T KNOW HOW MANY UNITS THEY'RE GONNA PUT IN THERE.

THEY HAVEN'T DONE THE DESIGN WORK THAT WE'VE, WHERE IF THEY HAVE, THEY HAVEN'T SHOWN IT TO US.

AND I, I JUST THINK THEY'RE JUST SEEING WHAT THEY CAN GET AND HOW MUCH THEY CAN WANT THE RULES.

AND IF YOU LOOK IN THAT AREA OF VIEW, YOU'LL SEE THE ONE PROPERTY THAT THEY TRY TO COMPARE IT TO, UM, WHICH IS OFF TO THE SIDE.

AND, UH, IT'S, IT'S ONLY, IT'S LIKE A WAREHOUSE WITH ONE FLOOR ABOVE IT.

SO IT'S A VERY HIGH ONE AND A HALF FLOOR THING.

SO THERE'S NOTHING EVEN, AND IT'S, I DON'T EVEN KNOW IF IT'S A QUARTER OF THE SIZE OF THIS BUILDING.

IT, THIS IS, IT'S LIKE PUTTING A, AN IKEA IN A NEIGHBORHOOD OF SMALL ONE STORY BUILDINGS.

IT'S JUST ENORMOUS.

DO YOU WANNA HOLD IT OVER BACK TO ME? IT'S OKAY, HERE'S THE OTHER MM-HMM.

.

YEAH.

SO THAT'S A SMALL LITTLE BUILDING WE'RE COMPARING IT TO.

[00:35:03]

AM I, I KNOW THIS CASE HAS BEEN AROUND FOR A LITTLE WHILE, BUT I THOUGHT THERE WAS SOME EXPLANATION WITH RESPECT TO WHY THEY DIDN'T WANT TO FLIP IT.

WHAT THE REASON THEY DIDN'T, WE GAVE THEM A WHOLE, WE GAVE THEM A CHANCE.

WE ALMOST, WHAT DO YOU, WHAT DO YOU MEAN FLIP IT? LIKE FLIP THE PARKING? YEAH, FLIP THE PARKING.

HAVE THE PARKING ON THE NORTH SIDE INSTEAD OF THE SOUTH SIDE.

PUT THE PARKING ON THIS SIDE.

YEAH.

AND PUT THE BUILDING UP OVER HERE.

YEAH.

AND MAKE THE BUILDING THREE STORIES.

THEY CAN DO WHATEVER THEY WANT.

IT'S ALL IN ELSE'S SQUARE.

OH, YOU'LL STILL HAVE PART OF THE BUILDING, BUT THEY CAN'T GET YEAH, I WAS GONNA SAY, I DON'T THINK THEY'RE STILL GONNA HAVE PART OF THE BUILDING.

IT'S NOT ALL, MOST OF IT, ALMOST ALL OF IT.

FEET OF IT.

IF IT'S 30 FEET OR LESS, THEN I KIND OF BIT A MEASUREMENT STANDARD.

IT PRETTY MUCH FIT.

IT MAY BE A LITTLE BIT, BUT IT'S, IT'S NOT TO THE EXTENT OF WELL THEN THEY CAN'T GET A 28,000 WHATEVER THEY WANT ON THE GREENBERG SIDE.

SO THEY COULD PUT IT ON THE ELMSFORD SIDE AND MAKE IT TALLER.

BUT THAT'S, THEN YOU'RE GONNA HAVE LIKE AN EIGHT STORY BUILDING IN THE NEIGHBORHOOD.

NO, NO.

ON THE ELMSFORD SIDE.

IF YOU MOVE THIS BUILDING THIS FAR SOUTH, BRING IT DOWN THIS FAR.

RIGHT.

AND SO IT'S START, IT GOES FROM HERE TO HERE.

SO THE, LIKE THE ENTIRE BLOCK, PRETTY MUCH LIKE YOU SAID, THIS IS THE WHOLE BUILDING.

I'M NOT MAKING MYSELF CLEAR.

IF I POINT OUT, IF YOU TAKE THIS BUILDING YEAH, PUSH IT DOWN HERE.

YEAH.

AND PUT THIS UP HERE.

THEN MOST OF THE BUILDING IS IN ELMSFORD IN ONLY THIS LITTLE BIT? NO, NO.

THIS WHOLE, IF YOU DID WHAT YOU'RE SAYING, YOU'RE PUTTING MOST OF THE BUILDING IN GREENBURG? NO GREENBURG'S HERE.

OH, GREENBERG'S HERE IN ELMS BURG'S HERE.

YEAH.

OH, SORRY.

THAT'S WHAT I'M SAYING.

IT'S 'CAUSE THIS 50 FOOTS DRIVE CHATBOX.

WHY DIDN'T THEY JUST MOVE IT DOWN? IT JUST SHOWED THAT THEY'VE BEEN APPROACHED WITH THAT.

MY UNDERSTANDING IS I SEE WHAT YOU'RE SAYING AND THAT'S WHY I AM SAYING IT'S FLAUNTING.

I MEAN, AND THERE IS AN ALTERNATIVE, NOT THAT I THINK THIS MONSTROSITY SHOULD BE PUT ANYWHERE BECAUSE IT'S JUST TOO BIG FOR THE NEIGHBORHOOD.

I, I DON'T THINK THE TRAFFIC IS AS BIG A DEAL.

I I DO THINK IT'S A LOT OF SMALLER CARS AND YOU KNOW, IT'S NOT ALL BIG TRUCKS.

YOU KNOW, I THINK THOUGH THE BIG TRAFFIC IS, I DON'T KNOW THE TRAFFIC SEASONAL, WHEN YOU LOOK AT STORAGE FACILITIES, BECAUSE PEOPLE KNOW THAT THEIR HOLIDAY DECORATIONS, THEY GO AND GET THEIR MEETING.

SO IT'S REALLY SEASONAL.

BUT I DON'T THINK, I DON'T THINK THAT THAT, AND I THINK THE STREET PARKING, I WOULDN'T BE SURPRISED IF PEOPLE END UP PARKING FOR THE WORKDAY IN THEIR LOT ANYWAY.

WELL, THE REASON IS THERE'S NO ROAD OVER HERE.

RIGHT.

THAT'S WHAT I'M SAYING.

THERE'S NO WAY TO GET IN OVER, THAT'S WHY THEY, THEY DON'T PARKING.

NO, BUT IT'S, IT'S ALL COMING IN FROM THE SAME STREETS.

THERE'S NOTHING COMING IN FROM THE SOUTHERN STREETS.

IT'S ALL COMING IN FROM THE SIDE STREETS.

EITHER WAY, YOU, NO MATTER WHERE YOU PUT THAT CROSSROAD, SO YOU PUT IT HERE.

RIGHT.

THAT BUILDING.

THAT'S WHAT I'M SAYING.

THAT'S, IS IT, DOES IT FIT WITH THE NEIGHBORHOOD? NO.

IS THERE AN ALTERNATIVE? YES.

THOSE ARE TWO OF THE BASIC REASONS WHY WE CONSIDER GIVING A VARIANCE.

AND I, THEY DON'T MEET EITHER OF THOSE CRITERIA.

I HAVE IT ON MY PHONE, A PICTURE OF THE BUILDING THAT THEY COMPARED IT TO.

IT'S NOT HIGH, IT'S SMALL.

WE COULD ASK THEM TO DO LIKE A, UM, A UP, WHICH WE'VE HAD PEOPLE COME IN AND DO IT.

THE ARCHITECTS CAN, YOU KNOW, CUT SOMETHING OUT, PUT IT ON THE SITE SO WE CAN SEE IT.

THEY TO,

[00:40:01]

I, I, I, I DON'T, SO, UH, FOR THE BOARD, JUST, JUST QUICK RECAP ON A COUPLE THINGS.

UM, THE APPLICANT DID DO A SERIES OF RENDERINGS, UM, SHOWING WHAT THE BUILDING WOULD LOOK LIKE FOR VARIOUS VANTAGE POINTS, UM, THAT WAS SUBMITTED AND IS IN THE RECORD.

UM, WHILE THE BOARD DID ASK AT TIMES, UH, VARIOUS TIMES IF, UM, A SMALLER BUILDING, UM, WORK ON THE SITE, I DON'T RECALL THE BOARD POSING THE QUESTION DIRECTLY ABOUT IF THE BOARD COULD BE SHIFTED IN A SOUTHERLY DIRECTION, UH, TO THE FRONT, SO AS TO PUT, UM, SOME OR MAJORITY OF THE BUILDING IN THE VILLAGE OF THE STER.

UM, I DON'T KNOW IF THAT'S PRACTICAL FROM A DESIGN PERSPECTIVE IN TERMS OF LIKE RAMPS AND, YOU KNOW, BRINGING VEHICLES INTO, ONTO THE SITE.

UM, BUT I THINK, YOU KNOW, THAT IS CERTAINLY SOMETHING THE APPLICANT COULD ANSWER.

MY RESPONSE TO THAT, WELL, WE COULD DO THAT, IS THERE WERE FOUR VERY EXPENSIVE CONSULTANTS ON THIS JOB.

THEY DON'T NEED US TO MAKE THEIR DECISIONS, BUT THEY'VE HAD TIME.

WE ASKED THEM TO GO BACK THIS TIME.

IT'S BEEN MADE CLEAR TO THEM THAT, AND THEY'VE ALWAYS HAD THE OPTION TO DO IT ANOTHER WAY.

THE FACT THAT THEIR FOUR CONSULTANTS HAVE COME BACK TO THEM AND JUST SAY, JUST TELL GREENBERG TO BREAK ALL THEIR RULES.

YEAH.

I, I SUSPECT ALSO THOUGH, THAT POTENTIALLY THE REASON WHY THAT, WHEN I'M LOOKING AT THIS, AND I DON'T KNOW, THIS IS JUST, YOU KNOW, IS IT'S MUCH CLOSER TO THE CROSS STREETS, RIGHT? WHEN YOU'RE LOOKING AT THIS AND THE TRUCKS WOULD HAVE TO DRIVE ALL THE WAY DOWN, YOU KNOW, THE STREETS AND THEY'RE PROBABLY TRYING TO AVOID TRAFFIC IN THE NEIGHBORHOOD.

BUT I DON'T KNOW THAT BECAUSE WE NEVER ASKED THE QUESTIONS, NOR DID THEY OFFER IT.

YEAH.

FOR JUSTIFICATION.

THEY'VE BEEN, WE WENT BACK TO THEM WITH ALL THESE QUESTIONS, SO AGAIN, FOR A SECOND OR THIRD TIME, AND THEY STILL ONLY COME BACK WITH, WE WANT THIS.

WE'RE NOT CHANGING OUR MINDS.

WE'RE NOT CONSIDERING ANYTHING ELSE.

THE FACT THAT ALL OF US HERE ARE TRYING TO DO THEIR JOB FOR THEM TO HELP THEM, WE'RE DOING MORE THAN IT APPEARS.

GARRETT, I'M JUST, I WANNA DEFEND THE ZONING RULES.

YES.

YOU SAY THAT THE RENDERINGS ARE IN THE RECORD.

ARE THEY IN THE RECORD OF THE ZONING BOARD OR, OR THE YEAH, THE ZONING BOARD SPECIFICALLY ASKED TO SEE WHAT THE, I DON'T HAVE THE FULL, I'M ASKING THE BUILDING WOULD LIKE, WOULD LOOK LIKE ON SITE.

UM, AND PARTICULARLY FROM, UH, RESIDENTIAL AREAS ON SAWMILL RIVER ROAD.

AND, UH, THAT SUBMITTED, UM, SEVERAL, SEVERAL MONTHS AGO.

A SERIES OF RENDERINGS.

DO YOU KNOW WHEN YEAH, WHEN? YEAH.

I CAN LOOK TO PULL IT UP FROM THE DRIVE AS YOU'RE DELIBERATING HERE.

UM, SO I, I CAN PULL THOSE RENDER UP FROM THE DRIVE.

UH, BUT SEVERAL MONTHS AGO, EARLY ON IN THE PROCESS, THE BOARD WANTED TO, UM, UNDERSTAND WHAT THE, THE MASKING BUILDINGS WOULD LOOK LIKE IN RELATION TO OTHER BUILDINGS ON THE SITE.

AND, UM, THEY SUBMITTED THAT FOR VARIOUS VANTAGE POINTS.

THIS IS JUST SHOWING THE ELEVATION.

WELL, BUT, BUT IT'S NOT REALLY LIKE SHOWING THREE DIMENSIONAL, IT'S NOT LIKE AN ARCHITECTURAL, THESE ARE JUST THE ENGINEERING ELEVATION.

BUILDING ELEVATION.

WE JUST SHOWING THERE'S ANYTHING IN THE VICINITY ON EITHER SIDE OF THE PROPERTY, YOU KNOW, IN EITHER COMMUNITY, ANYTHING THAT WAS SIMILAR HEIGHT.

AND THE ANSWER WAS NO.

THERE WAS, YOU HAVE THE MAIN, THE BIG ONE FOR ME.

RIGHT? AND THAT WAS IN THE LETTER.

WE, YOU SAID THERE WERE NO, NO, NO.

THERE'S, SO THERE'S NOTHING ANYWHERE HERE.

IT'S THIS HEIGHT.

GARY, CAN YOU SEE WHAT WE'RE LOOKING AT? I DON'T KNOW WHERE THE CAMERA IS.

UM, THE CAMERA IS BEHIND YOU.

THERE YOU GO.

IS THAT IT? YEAH.

I'M SORRY.

YOU HAVE TO MAKE IT, YOU HAVE TO MAKE IT FLAT.

I

[00:45:01]

THINK.

JUST LOOK AT THE SAME CAMERAS BEHIND HIM.

GARRETT.

IS THIS, IS IT A THREE-DIMENSIONAL RENDERING OR IS IT JUST SAY ELEVATION RENDERING? YEAH, NO, IT'S A THREE-DIMENSIONAL.

LIKE, LIKE NO, WE DON'T HAVE THAT FEEDBACK.

NINE A SUBMITTED, UH, SEVERAL MONTHS AGO.

OKAY, SO IT'S NOT, IT'S NOT, THIS IS AN, THIS IS AN AVERAGE GRADE CALCULATION.

IS IT ON A FULL BIG SHEET OR IS IT ON A OF NOT EIGHT AND A HALF BY 11.

SORRY, I'M TRYING TO PULL IT UP.

WAS A SERIES OF BY SEVENTEENS.

CHRISTIE, WHAT'S THAT COLOR? THIS ONE HERE? ON THIS SIDE? NO, IT'S JUST A STUDY.

THIS, YEAH, THIS COLOR, THIS THING DOWN FURTHER.

OH, THIS THAT.

OH, THAT'S JUST LOOKING AT IT FROM PER THIS PER PERSPECTIVE.

THAT'S THE NEIGHBORING PROPERTIES.

NOTHING ELSE.

NO, THAT'S WHAT WE GOT TODAY.

I DON'T HAVE WHAT HE'S TALKING ABOUT EITHER LAYOUT, THE PLANNING BOARD.

I HAVE A FEELING IT MIGHT HAVE BEEN SUBMITTED TO THE PLANNING BOARD.

DON'T, I DON'T THINK I HAVE THAT SOMETHING.

I DON'T SEE IT IN ANY OF THE EMAILS AND I DON'T HAVE IT EITHER.

OKAY.

SO THEY NEVER SUBMITTED IT TO US.

SO THAT'S THE ANSWER.

SO CAROL, THE RENDERING SHOULD BE IN THE FILE SOMEWHERE.

I'M TRYING TO GET IT DIGITALLY, BUT IT WAS SPECIFIC REQUESTED ZONING WORK.

I KNOW, BUT I DON'T, DO YOU THINK IT MAY HAVE BEEN SENT TO PLANNING? I THINK IT WAS, I BELIEVE IT WAS A SPECIFIC REQUEST OF THE ZONING COURT ZONING BOARD WANTED TO KNOW WHAT IT LOOKS LIKE FROM, UH, THE SINGLE COUNTY HOMES.

UH, BUT THAT'S THIS.

THAT'S THIS.

NO, WE HAVE THAT, BUT WE DON'T HAVE AN ACTUAL ARCHITECTURAL WELL HERE WHAT'S IN THOSE PICTURES.

SORRY.

AND BASED ON THAT PERSPECTIVE, IT'S MUCH BIGGER THAN YOU WOULD SEE.

THAT'S THAT THEY TOOK IT FROM FAR AWAY IN THAT PERSPECTIVE.

THE TWO STORY BUILDING LOOKS LARGER THAN THEIR FIVE.

THIS SMALL TWO STORY BUILDING LOOKS LARGER THAN THEIR FIVE STORY THIRD OF A BLOCK.

THE WAY THEY MAKE IT LOOK AS THOUGH THIS IS JUST GOING THROUGH THERE, BUT WE KNOW IT'S NOT.

WELL, YEAH, THIS, THEY DID ASK IN JUNE TO SHOW WHAT THE BUILDING WOULD LOOK LIKE.

OKAY.

THAT'S JUNE.

ALRIGHT, THIS IS TWO.

SEE? MM-HMM.

.

OKAY.

SO YOU MAY WANT TO JUST SHARE THAT OTHERS AS THEY LOOK AT IT.

YOU, ARE YOU GUYS LOOKING AT THIS ALSO? YEAH, THEY GOT IT.

THEY GOT IT.

YEAH.

BUT WHAT THEY'RE SHOWING IS THIS TWO STORY.

PARDON? LOOKS THE SAME IS UP TO THE, IT'S NOT.

THIS IS TWO AND THIS IS THE FOURTH.

I DON'T, I DON'T HAVE A PROBLEM WITH THE HEIGHT, BUT PERSONALLY, BUT I KNOW THAT'S, I DON'T EITHER.

I MEAN, THAT NEIGHBORHOOD LOOKS SO STUPID DRY.

IT'S A BAD, BUT LET'S LET IT BE BUILT BETTER, NOT WORSE.

WELL, I JUST HAVE TO ASK YOU, WHY DO YOU THINK THAT THIS TRO I WHAT I'D, I'D LIKE TO, IF YOU LOOK AT THE DRAWING THAT YOU HAVE HERE, THIS BUILDING, IT TAKES UP A THIRD OF THE BLOCK IN THIS PHOTO.

IT DOES IT THE WAY IT'S DRAWN.

I THINK THERE'S, IT IS, IT'S THE SCALE.

WHEN YOU LOOK AT

[00:50:01]

ANY ONE OF THESE, OKAY, IF YOU LOOK AT ANY ONE OF THESE, UM, HERE'S THE BLOCK, HERE'S THE WHOLE BLOCK.

THIS COMES TO HERE.

JUST THINKING.

SO NOT ONLY IS IT TAKING UP SUCH AN ENORMOUS PART OF IT, AND THEN YOU'RE STACKING IT UP LIKE THIS, IT'S JUST OUT OF KEEPING WITH ANYTHING ELSE THERE.

IN, IN, IN MY VIEW.

IN YOUR VIEW.

AND I'M WONDERING IF THIS EXISTING JUST NEED TO SAY SOMETHING.

IT'S NOT IN KEEPING WITH WHAT EXISTING, UM, YOU HAVE, YOU DON'T HAVE YOUR MIC ON.

I, I WOULD ACTUALLY SAY WHAT I'M, WHAT I'M FINDING DIFFICULT TO TAKE IS THAT YOU'RE EXPRESSING A PERSONAL AND SUBJECTIVE VIEW.

UM, YOU'RE, YOU'RE TALKING ABOUT THE APPLICANT WHO HAS FIVE CONSULTANTS, WHO YOU FEEL FIVE OF THEM ARE ABSOLUTELY.

AND ARBITRARILY, COMPLETELY DISREGARDING THE ZONING REGULATIONS, JUST SO THAT THEY CAN BUILD WHAT THEY WANT TO BUILD.

AND I FIND THAT A LITTLE HARD TO TAKE THAT THE, THE, A LOT OF MONEY WAS SPENT TO HIRE FIVE PROFESSIONAL CONSULTANTS TO COME UP WITH A DESIGN, WHICH, AND I WILL ALSO HAVE TO BE SUBJECTIVE, FIND TO BE VERY PLEASANT.

IT DOESN'T LOOK LIKE IT'S OUT OF SCALE IN THE NEIGHBORHOOD.

IT IS TALLER THAN THE OTHER BUILDINGS THAT ARE THERE.

BUT IT IS A DEFINITE IMPROVEMENT TO THE, UH, PROPERTIES THAT ARE THERE, THE AUTO BODY SHOPS AND STUFF.

UM, I DON'T SEE THIS AS A DETRIMENT TO THE NEIGHBORHOOD.

YEAH.

YEAH.

WELL THAT'S, I DON'T FIND THESE TO BE, SO PEOPLE HAVE DISCUSSED THE NEIGHBORHOOD AS THOUGH IT LOOKS REALLY VERY BAD.

AND I'M ACTUALLY KIND OF SURPRISED AT HOW LIGHT INDUSTRIAL REASONABLE AND CLEAN THE GOOD THE COMPANIES THEY ARE.

I, I HAD THOUGHT FROM THE IMPRESSION AND THE CONVERSATIONS, I THOUGHT IT WAS GONNA LOOK MUCH WORSE THAN, THAN THESE BUILDINGS, I THINK WHO ARE IN COMPLIANCE.

LOOK.

BUT I THINK THAT'S CHRISTIE'S.

OKAY.

OH, OH, CHRISTIE'S, THAT'S YOURS.

THANKS.

ALRIGHT.

SO YOU HAVE EXPRESSED YOUR OPINION.

I HAVE EXPRESSED MINE.

ABSOLUTELY.

UM, SHOULD WE TAKE A STRAW VOTE? ARE WE READY FOR THAT? OH, I AM, BUT I DON'T KNOW IF EVERYBODY ELSE IS.

YEAH, I'M READY.

I WATCHED BEFORE I, I'M READY.

I MEAN, THE ONLY QUESTION QUESTION THAT I WOULD ASK IS ABOUT MOVING THE BUILDING.

UM, SO THAT LESS OF IT IS IN GREENBERG THAN ELMSFORD.

UM, BUT, UM, MY BOG ISN'T CONTINGENT ON THAT.

SO I MEAN, I'LL, I'LL BE, I'M, I'M INCLINED TO APPROVE IT.

I'LL TELL YOU RIGHT NOW, IT'S, IT'S IN FITTING WITH THE NEIGHBORHOOD.

IT IS A LITTLE TALL, BUT IT'S MOSTLY IN HELFORD.

AND I WOULD SUSPECT THEY PROBABLY HAVE A REASON FOR NOT PUTTING THE PARKING ON THE OTHER SIDE BECAUSE OF THAT REQUIRES THEM TO GO WITH TRUCKS DOWN NARROW STREET MORE THAN JUST BEING AT WHERE THE CROSSROAD IS.

BUT I DON'T KNOW THAT, THAT'S MY ASSUMPTION.

UM, BUT YEAH, I I I WOULD APPROVE THIS ONE.

ALRIGHT.

CONSIDER THAT A PRETTY GOOD ASSUMPTION.

YEAH.

EVE, I WAS IN FAVOR OF, UH, BEFORE.

OKAY.

I'M IN FAVOR SO IT PASSES.

OKAY.

OKAY.

UNLESS YOU WANT TO TAKE, YOU KNOW, THE, THE QUESTION THAT, UH, SHAUNA RAISED, WHICH IS WITH RESPECT TO IF THEY COULD, I GUESS, SUPPORT WHY THEY HAVE TO HAVE IT IN THE LOCATION WHERE IT IS AS OPPOSED TO PERHAPS BEING ABLE TO MOVE IT ELSEWHERE.

BUT I SEEM TO RECALL THAT THEY TALKED ABOUT A CERTAIN AMOUNT OF SQUARE FOOTAGE TO

[00:55:01]

GENERATE INCOME TO SUPPORT THE BUILDING AND THAT THIS WAS IN LINE WITH INDUSTRY STANDARDS FOR WHAT THEY WERE DOING, IF I REMEMBER CORRECTLY.

MM-HMM.

.

AND, UM, I THOUGHT THERE WAS SOME EXPLANATION ABOUT NOT PUTTING IT IN A DIFFERENT, YOU KNOW, NOT, NOT CONSTRUCTING IT SO THAT IT WOULD FIT WHAT IDEALLY WE WOULD PERHAPS LIKE TO HAVE.

AND THAT IS ALL OF IT IN, IN ELMSFORD.

I THINK WE'RE ALSO NEED TO BE COGNIZANT OF THAT.

IF WE APPROVE THIS, IT IS SETTING A STANDARD FOR THE NEIGHBORHOOD WHERE SETBACKS AND HEIGHT REQUIREMENTS AND ALL THAT ARE, ARE, UH, THE ZONING SETBACKS AND REQUIREMENTS ARE NOT, YOU KNOW, HAVE A PRECEDENT TO BE VIOLATED.

BUT, UH, THAT WOULD ONLY BE IF IT WAS PARTIALLY IN ANOTHER LOCALE.

I MEAN, IF WE HAD ONE THAT WAS ALL IN GREENBURG, WE WOULDN'T HAVE A FIVE STORY BUILDING.

WE WOULDN'T ALLOW THAT.

SO I DON'T THINK WE'RE SETTING, ARE WE, AM I WRONG IN THAT WE'RE SETTING THAT PRECEDENT? I DON'T THINK SO.

YEAH.

I MEAN, I, I, YOU KNOW, IF THIS WAS, IF THIS BUILDING WAS ALL IN GREENBURG AND THE MAJOR OR THE MAJORITY OF IT WAS IN THE TOWN OF GREENBURG, MY VOTE WOULD BE SOMETHING DIFFERENT.

BUT THE FACT THAT IT'S IN ELMSFORD, IT'S BEEN APPROVED BY ELMSFORD, SPREAD THROUGH IT'S PLANNING HAS, THAT'S WHY I'M A CLIENT.

THE MAJORITY OF IT IS IN GREENBURG.

NO, THE MAJORITY OF THE BUILDING IS IN NO BURG.

SLIGHTLY MORE AS IN ELMSFORD.

YEAH.

NOT IN WHICH WAY? I DON'T KNOW ABOUT THE BUILDING.

I'M SAYING THE LOT.

NO, I'M SAYING THE BUILDING.

THE BUILDING.

THE MAJORITY OF THE BUILDING IS IN GREENBURG.

YEAH.

I'M TALKING ABOUT THE LOT.

THE PROPERTY IS PRIMARILY IN ELMSFORD.

UH, BUT TO YOUR QUESTION, UM, YOU'RE STILL SETTING A PRECEDENT THAT THERE IS A, THERE WILL BE A BUILDING IN GREENBURG THAT IS THAT HIGH.

YES.

REGARDLESS OF WHETHER PART OF IT IS IN ELMSFORD OR NOT.

YOU STILL, YOU ARE ONLY VOTING ON THE GREENBERG PART.

YES.

SO YOU ARE TO THAT EXTENT, I'M NOT SURE YOU, YOU CAN'T PREVENT YOU IF, IF YOU WERE TO PROVE THIS, YOU, YOU WOULD NOT BE ABLE TO PREVENT, UH, ANOTHER APPLICANT IN THE FUTURE FROM SAYING, LOOK, YOU VOTED TO DO THIS IN GREENBURG.

SO TO THAT EXTENT, I MEAN, LET'S JUST ALSO SAY IT IS FIVE STORIES.

IT'S NOT LIKE THEY'RE PUTTING IN A 15 STORY BUILDING, WHICH THEY COULD IN ELMSFORD IT'S FIVE, NO FIVE STORIES.

IT'S NOT THAT HIGH.

THEY HAVEN'T MOVED TO WHITE PLAINS STATUS YET.

NO.

WHITE PLAINS, UH, DOESN'T HAVE A, YOU COULDN'T PUT THIS IN WHITE PLAINS COULDN'T PUT ANY, COULDN'T PUT ANYTHING.

.

ALRIGHT.

OKAY.

SHALL WE MOVE ON? UH, YOU HAD UH, A DRAFT.

I HAD, I HAD A DRAFT.

UH, I SUGGEST THAT YOU PUT IT OVER FOR DECISION ONLY.

THERE ARE TWO THINGS I WOULD WANT TO ADD THIS DRAFT.

ONE IS A PROVISION OF THE ORDINANCE THAT SAYS THAT IF THE PROPERTY IS, YOU'RE OFF THE MIC TOO.

NOW, IF THE PROPERTY IS, UH, BI BY A BOUNDARY, A DISTRICT BOUNDARY, YOU CAN TAKE, YOU CAN APPLY THE LESS RESTRICTIVE.

IF THE MAJORITY OF THE LOT WHICH HERE IS IN ELMSFORD IS IN A LESS RESTRICTIVE, UH, DISTRICT, YOU CAN EXTEND THAT LESS RESTRICTIVE STANDARD UP TO 30 FEET INTO THE MORE RESTRICTIVE, WHICH IN THIS CASE WOULD BE THE GREENBURG.

SO THAT WOULD MINIMIZE THE VARIANCES.

YOU HAVE THE AUTHORITY TO DO THAT.

I WOULD NEED SOME HELP FOR THE UPSTAIRS TO DETERMINE WHAT IMPACT THAT HAS ON THE VARIANCES.

IT WOULD OBVIOUSLY REDUCE THEM.

THAT'S NUMBER ONE.

NUMBER TWO, I WOULD WANT TO ADD THAT PERHAPS THE POINT WAS MADE THAT THIS IS A VERY LOW USE PROJECT, BUT THE BUILDING THAT WILL BE BUILT, IT WILL BE THERE REGARDLESS OF WHETHER THAT USE IS STILL IN IT.

THEY COULD LEAVE AND THAT COULD BE CONVERTED INTO OFFICES OR WAREHOUSE OR WHATEVER.

SO I WOULD CONSIDER, UH, MAKING DRAMATICALLY LARGE AMOUNT OF VARIANCES REQUIRED.

YES.

BUT ONCE YOU GRANT THE VARIANCE IN THE BUILDING IS BUILT, IT'S A LOT HARDER TO DENY A VARIANCE FOR PARKING

[01:00:01]

IF THE BUILDING'S ALREADY THERE.

BECAUSE TO DENY THAT VARIANCE LATER ON WOULD BE IN EFFECT TO ALMOST CONFISCATE THE PROPERTY.

BECAUSE YOU'RE NOT, YOU, UH, IF YOU WERE TO DENY THOSE VARIANCES, YOU WOULDN'T ALLOW ANY USE OTHER THAN WHAT YOU'RE DOING.

SO WHAT I'M SAYING IS THAT, UH, WOULD WANT TO MAKE THE PARKING VARIANCE PERHAPS CONTINGENT ON THIS USE AND THAT IF THAT USE LEAVES, THEY WOULD HAVE TO COME BACK FOR THE PARKING VARIANCE.

I'M JUST, I AGREE WITH EVERYTHING YOU SAID.

I OBJECT.

HOWEVER, IF WE CLOSE THIS, I KNEW THERE WAS A BUTT COMING FOR DECISION ONLY.

WE'RE GONNA HAVE A MEETING NEXT MONTH AND THERE'S GONNA BE A POTENTIALLY A DIFFERENT BOARD COMPOSITION.

SOMEBODY'S NOT GONNA BE HERE AND WE'RE NOT GONNA HAVE, WE'RE NOT GONNA BE ABLE TO APPROVE IT AS THIS HAS.

WELL, WHY DON'T YOU BEFORE, WOULD YOU LIKE ME TO LIKE TO EXTRACT A PROMISE THAT I NO, NO, NO, NO, NO.

ALRIGHT.

YOU USE MY DRAFT AND I WILL, I WILL DOCTOR IT UP.

YOU SEE WHAT I'M SAYING? I MEAN, I'M, YOU'RE TOTALLY ENTITLED TO YOUR CAN'T.

BUT I DON'T WANNA BE IN ANOTHER POSITION.

CAN'T WE JUST DO THE VOTE? LIKE WE, LIKE WE, I DON'T KNOW WHAT YOU GUYS DID LAST MONTH, BUT THEN MOTION BUT NOT THE FINDINGS.

EXACTLY.

YES.

BUT THIS, WE COULD DO THAT.

BUT THERE'S, YOU WANNA PUT THAT AS A CONDITION? YEAH, I WOULD JUST ADD ONE CONDITION.

THAT'S ALRIGHT.

SO WE'LL DO IT THAT WAY.

WE CAN DO IT TONIGHT.

THANK YOU.

OKAY.

THANK YOU.

AS A MATTER OF FACT, WHILE YOU'RE DISCUSSING THE NEXT CASE, GOODBYE.

GOODBYE .

NO, NO, IT'LL BE QUICK.

WE WE'RE JUST GONNA DO THE MOTION, NOT THE FINDINGS, JUST ABOUT, JUST REMEMBER WHOEVER'S READING THE DECISION, PLEASE SEND IT TO ME OR DEBBIE.

OTHERWISE WE CAN'T WRITE UP A DECISION WITHOUT THE FINDINGS.

WHICH DECISION? I'M NOT MENTIONING ANYBODY.

SO, OR RENAR RENAR.

I THINK WE SHOULD SEND HIM LIKE TO BOTH.

HE WANTED TO ADD ALL THAT STUFF TO IT, BUT I DON'T WANNA CLOSE IT FOR DECISION.

NO, I LIKE TO HAVE IT AS WELL.

NOW THAT I'M BACK, HE'S JUST ADDING A CONDITION TO IT.

BACK, BACK.

ADDING AION.

YEAH, BUT HE WANTED TO CLOSE IT.

I WAS SICK FOR DECISION ONLY AND I DIDN'T WANNA DO THAT.

THAT THEN WE'RE, WE'RE GONNA BE HERE ALL YEAR.

ME ON VACATION YET? I SPENT THE REST OF THE FIVE DAYS.

SO SHOULD WE JUST IN A WHEELCHAIR? OH GOLLY.

SHOULD WE JUST DO THE OTHER ONE? YES, YES.

MOVE ON.

MOVE ON.

LET'S, COULD I ASK YOU A QUESTION? NO, NO, SORRY.

YOU CAN'T UNFORTUNATELY DECISION.

OKAY, SO HE, YOUR LAST ASKED A LOT OF GOOD QUESTIONS.

HMM.

YOU ASKED A LOT OF GOOD QUESTIONS ABOUT THIS.

WHICH ONE? STORAGE.

THIS ONE? YEP.

TRY TO PIN IT DOWN.

YEP.

NO, I ASSUME THIS PERSON HAS, HAS A, HAS A PERMIT TO OPERATE A BUSINESS OUT OF THAT.

IN THAT RESIDENTIAL, THEY'RE ALLOWED TO HAVE A PROFESSIONAL BUSINESS THAT YOU LIVE IN.

OH, OKAY.

I'M LOOKING AT THE HOUSE AND I'M GOING, THAT HOUSE IS NOT 30 THAT BIG , UNLESS IT'S BURIED UNDERGROUND THERE.

WHICH, YOU KNOW, THAT'S A NEW BUSINESS THESE DAYS.

YEAH.

.

IT JUST LOOKS LIKE THAT HOUSE LOOKS LIKE, IT WAS LIKE, HERE'S HOUSE THAT, LET'S ADD THIS AND LET'S ADD THAT AND LET'S ADD THIS.

THAT'S WHAT HAPPENED.

'CAUSE THERE'S A DORMER ALREADY NEXT TO ONE.

IT'S NOT ON THE PLAN.

I WAS WONDERING WHAT THAT WAS.

YOU KNOW, THEY'VE GOT, YOU KNOW, I THINK THEY'VE CONVERTED THE ATTIC WHEN THEY, THEY CONVERTED THE ATTIC INTO BED.

OH, MAYBE.

YEAH.

THAT'S WHAT THE OTHER DORMERS ARE ABOUT.

YEAH.

OKAY.

ANYBODY WANT TO SAY ANYTHING? WE DID WHAT WHAT WHAT? WE'RE WAITING FOR THIS SIDE OF THE TABLE.

OH, WE'VE BEEN TALKING ABOUT EL PESCADOR OVER HERE.

HAVE YOU? I'M SORRY.

I THOUGHT WE WERE TALKING ABOUT CINDY.

WE MOVED ON COPIES AND STUFF.

WE MOVED ON.

OKAY.

OKAY.

I, ANYWAY.

WELL HE IS THERE.

HE UM, HE VERY BRIEFLY, UH, STATED WHAT WAS CONFUSING ME WHEN I WAS YEAH.

LOOKING THROUGH THIS FILE, WHICH WAS, IT'S 500 AND SOMETHING SQUARE FEET OVER WHAT IS ALLOWED BUT 84 SQUARE FEET.

YEAH.

SOMETHING SQUARE FEET.

AND I'M LIKE, I'M TRYING TO DO IT NOW , BECAUSE NOWHERE DOES IT STATE WHAT THE CURRENT NON-CONFORMANCE IS.

MM-HMM.

AND HE JUST MENTIONED IT BRIEFLY, ALMOST IN PASSING THAT IT'S LIKE 3,600

[01:05:02]

SQUARE FEET AS OPPOSED TO 3,100 SQUARE FEET SQUARE.

SO THE 3,700 SQUARE FEET IS ONLY 84 SQUARE FEET MORE THAN WHAT IT'S ALREADY, BUT IT ALREADY IS 84 SQUARE FEET MORE OF A NONCONFORMANCE THAN IT ALREADY IS.

AND IT SOUNDED LIKE IT WAS BUILT BE WHEN, WHEN BEFORE THE, UH, AREA RATIO YEAH.

REQUIREMENTS CAME ABOUT.

YEAH.

WHEN DID THAT HAPPEN? 2003.

IT'S LIKE RIGHT.

I GOT MY HOUSE IN RIGHT.

WHEN WAS THIS? 2000 WHAT? 2003.

SO DID I, MY HOUSE WAS LIKE THE DAY MY HOUSE WAS 2001 OF THE NIGHT THAT THEY ARCHITECT GOT IT IN.

YOU DIDN'T KNOW ABOUT IT.

IT JUST LOOKED LIKE, I MEAN I GUESS THEY ADDED ALL THE BUSINESS PART.

YEAH.

YEAH.

THAT'S WHAT IT LOOKED LIKE.

THAT'S WHAT I FIGURED IT WAS.

SO I THINK THAT'S WHAT THEY DID.

YEAH, BECAUSE IT LOOKS LIKE A TOTALLY, YOU KNOW, THAT'S WHY IT'S A, WHAT THEY CALL IT A SPLIT LEVEL.

IT'S 'CAUSE THE SECOND PIECE THEY ADDED ISN'T LEVEL .

NO, IT'S A SPLIT.

NO, IT'S LIKE UP THEN BECAUSE THEY HAVE THE TWO BEDROOMS UP AND THEN THEY GO UP AGAIN.

RIGHT.

YEAH.

GO.

UM, COMPARED TO THE OTHER HOMES IN THE NEIGHBORHOOD, IT DOES NOT LOOK OUT OF CHARACTER.

NO.

PROBABLY THE ONLY THING THAT, THE ONLY REASON WHY THIS IS AN ISSUE IS BECAUSE IT'S IN A 7.5.

UM, ONE FAMILY RESIDENTIAL DISTRICT.

IF IT WERE IN A R 10, WE WOULDN'T BE SITTING HERE TALKING ABOUT IT.

WELL IT'S ALSO THE SLOPES THAT THEY HAD TO DEDUCT THE STEEP SLOPES ARE THE LOT AREA.

THEY HAD TO DEDUCT THE STEEP SLOPES OUT OF THE TOTAL LOT AREA.

SO IF YOU HAD THE FULL LOT, THEY WOULD NOT NEED A VARIANCE.

YEAH.

BUT BECAUSE THEY HAD TO DEDUCT THAT CORNER OF ALL THE SLOPES.

YEAH.

THEIR ENVELOPES SMALLER.

SO THAT'S WHY THEY OKAY.

YOU CAN START WRITING THE GIANT PARKING LOT.

THAT'S WHAT MAKES IT LOOK OUTTA PLACE.

THAT LOOKS LIKE LOOKS CON SURFACE ISSUE.

BUT I DIDN'T APPROPRIATE, I THINK IT'S WATER.

IT WAS IT'S BRICK.

THAT'S THEY AROUND.

IF YOU LOOK IT'S LIKE A BRICK PARKING LOT.

IT DOESN'T MATTER.

NO, IT'S, BUT I DON'T, CAN'T THE WATER GO AROUND THE BRICK BRICKS AND STUFF? GREENBERG DOESN'T MM-HMM.

THAT IT'S A BIG PIECE OF PROPERTY.

IT'S 12,000 SQUARE FEET.

YEAH.

WELL, I'M IN FAVOR.

YEAH, I THINK WE ALL ARE.

OKAY.

ALRIGHT.

YES.

UM, IF I DON'T DO THE FINDINGS, I'LL, I'LL GET 'EM TO YOU.

I'M GOOD.

THANK YOU.

YOU'RE GOOD.

YOU ARE GOOD.

ANYBODY HAVE ANY HALLOWEEN PLANT? CANCUN.

OH, CANCUN FUN.

WHERE YOU STAY NICE.

I DON'T KNOW.

.

YOU DON'T KNOW WHERE YOU IT'S A WYNDHAM.

IT'S OH, SOME STRIP.

IT'S A WINDHAM.

IT'S AN ALL-INCLUSIVE WIND.

I'M OH, FUN.

I'M NOT, YOU KNOW, THE IDEA IS TO GET AWAY THAT'S SO NICE.

FROM EVERYTHING.

NOT, NOT, NOT EVERYTHING.

MOST 90% STRING.

WE, MY HUSBAND HAS A SISTER WHO'S 17 YEARS YOUNGER WHO'S A QUADRIPLEGIC.

YOU CAN CUT THE LIVE FEED UNTIL WE GO BACK INTO AND WE ARE BACK WITH OUR DELIBERATIONS AND THE RESULTS THEREOF.

I FIRST, HOWEVER, MUST GO BACK TO THE ANNOUNCEMENTS THAT I INITIALLY MADE WHEN WE WENT ON THE RECORD THIS EVENING.

UH, WITH REGARD TO MARIAN WOODS HAVING REQUESTED AN ADJOURNMENT.

I'M GOING TO REPEAT IT BECAUSE I DIDN'T HAVE AN EXACT DATE AS TO WHEN THE ADJOURNMENT WOULD BE GRANTED, UH, TO THE DATE THAT IS.

SO THEREFORE, UM, DO I HAVE, DO I HAVE A MOTION TO GRANT MARIAN WOODS AND ADJOURNMENT TO FEBRUARY 16TH, 2023? YES.

I SO MOVED.

AND DO I HAVE A SECOND? I SECOND.

ALL IN FAVOR? AYE.

AYE.

THE CHAIR VOTES.

AYE.

THANK YOU.

NOW GOING BACK TO OUR AGENDA FOR THIS EVENING AND CASE 2216, WHICH IS RENARD SELF STORAGE.

I HAVE A SEEK

[01:10:01]

A STATEMENT, WHEREAS THE VILLAGE OF ELMSFORD TRUSTEES THAT IS THE BOARD OF TRUSTEES, HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SEEK A COMPLIANCE.

AND WHEREAS THE BOARD OF TRUSTEES AS LEAD AGENCY CONDUCTED A COORDINATED REVIEW AND DETERMINED THAT THE SUBJECT APPLICATION IS A UNLISTED ACTION.

AND WHEREAS THE BOARD OF TRUSTEES HAS DETERMINED THAT THE PROPOSED ACTION WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT AND ISSUED A NEGATIVE DECLARATION ON JUNE 9TH, 2022.

SECOND ALL IN FAVOR, AYE.

AYE.

THANK YOU.

AND I HAVE A MOTION TO AND I MOVE THAT THE APPLICATION IN CASE 2216 BE GRANTED PROVIDED THAT THE APPLICANT SHALL OBTAIN AND FILE ALL REQUIRED PERMITS AND APPROVALS WITH THE BUILDING DEPARTMENT.

CONSTRUCTION SHALL BEGIN WITHIN 12 MONTHS AFTER THE ISSUANCE OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT PROCEED DILIGENTLY THEREAFTER IN CONFORMANCE WITH PLANS SUBMITTED IN SUPPORT OF THIS, THIS APPLICATION DATE STAMPED RECEIVED ON FEBRUARY 17TH, 2022 ARE AS SUCH PLANS MAY BE REVISED BY THE APPROVING BOARD PURSUANT TO ITS SITE PLAN APPROVAL.

PROVIDED THAT SUCH APPROVAL DOES NOT REQUIRE LARGER VARIANCES THAN WE ARE GRANTING HEREIN, EXCUSE ME, THE APPLICANT SHALL CONT OBTAIN FLOOD PLAIN PERMITS TO ASSURE THAT THE PROPOSAL WILL NOT EXACERBATE CURRENT FLOODING CONDITIONS IN THE AREA.

THE APPLICANT SHALL INSTALL LANDSCAPING AND SCREENING IN ACCORDANCE WITH THE LANDSCAPING PLAN SUBMITTED IN SUPPORT OF THE APPLICATION AND TO THE SATISFACTION OF THE TOWN FORESTRY OFFICER.

THE VARIANCES WE ARE APPROVING HEREIN ARE FOR THE BUILDING SET FORTH IN THE PLANS REFERRED TO ABOVE.

SHOULD ANY ADDITIONS OR MODIFICATIONS BE CONSTRUCTED IN THE FUTURE, WHICH DO NOT COMPLY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE, THEN IN EFFECT THE OWNER SHALL REQUIRE VARIANCES.

EVEN IF SUCH MO ADDITION OR MODIFICATION COMPLIES WITH THE SETBACKS AND OTHER VARIANCES, WE ARE GRANTING HEREIN AS STATED BY THE APPLICANT.

THE PROPOSED USE HEREIN USE HEREIN IS A LOW TRAFFIC GENERATING USE.

ACCORDINGLY, THE PARKING VARIANCE WE ARE GRANTING HEREIN SHALL BE LIMITED TO THAT PERIOD DURING WHICH THE USE OF THE BUILDING IS A STORAGE FACILITY.

IF THE USE OF THE BUILDING SHOULD CHANGE, THE PARKING VARIANCE SHALL LAPSE AND THEN THE THEN OWNER OR OC OCCUPANT OF THE BUILDING SHALL BE REQUIRED TO SEEK RELIEF FROM THIS BOARD IF THE PARKING REQUIREMENT FOR SUCH NEW USE EXCEEDS THE NUMBER OF PARKING SPACES WE HAVE AUTHORIZED HEREIN.

APPLICANT IS HEREBY REQUIRED TO EXECUTE AND FILE A DEEDED RESTRICTION APPROVED BY THE TOWN ATTORNEY TO SUCH EFFECT IN ORDER TO PUT FUTURE OWNERS OF THE PROPERTY ON NOTICE OF THIS CONDITION.

PROOF OF RECORDING OF SUCH DEEDED RESTRICTION SHALL BE REQUIRED BEFORE THE ISSUANCE OF ANY CERTIFICATE OF OCCUPANCY FOR THE BUILDING APPROVED HEREIN.

SECOND, DO YOU HAVE A SECOND? I DO.

YES, PLEASE.

SECOND YOU SECOND.

ALL ALL IN FAVOR? AYE.

AYE.

AYE.

CHAIR VOTES.

AYE.

AND FINDINGS.

EXCUSE ME.

OH, YOU SHOULD STILL VOTE NO.

UH, NO.

YOU SAY YOU VOTE NO.

I'M VOTING NO.

WHAT DID YOU SAY? I'M VOTING NO, YOU HAVE TO PUT YOURSELF IN MIC.

OKAY.

I VOTE NO.

OKAY.

FINDINGS, THE APPLICANT IS SEEKING TO ERECT A SELF-STORAGE FACILITY ON A LOT THAT STRADDLES THE BORDER BETWEEN THE TOWN OF GREENBURG AND THE VILLAGE OF ELMSFORD.

IN ORDER TO DO SO, APPLICANT WILL DEMOLISH AN EXISTING ONE-STORY BUILDING THAT CURRENTLY HAS VIRTUALLY A HUNDRED PERCENT IMPERVIOUS CO COVERAGE AND REPLACE IT WITH A FIVE STORY STRUCTURE THAT HAS A SLIGHTLY SMALLER FOOTPRINT AND WILL HAVE 88% IMPERVIOUS COVERAGE COMPARED WITH 80% COVERAGE PERMITTED.

IN ADDITION, THE PROPOSED STRUCTURE WILL REQUIRE SEVERAL SETBACK AND HEIGHT VARIANCES AS WELL AS A PARKING VARIANCE.

IN DECIDING WHETHER TO GRANT OR DENY AREA VARIANCES, WE ARE REQUIRED TO BALANCE THE BENEFIT TO THE APPLICANT AGAINST ANY DETRIMENTAL IMPACTS THE VARIANCES MAY HAVE CAUSED TO THE COMMUNITY OR TO NEIGHBORING PROPERTIES.

AFTER WEIGHING THE EVIDENCE BEFORE US, WE CONCLUDE THAT THE BENEFIT TO THE APPLICANT OUTWEIGHS ANY ADVERSE IMPACTS THAT THE VARIANCES MIGHT CAUSE IN RECEIVING.

AT SUCH CONCLUSION, WE MAKE THE FOLLOWING SPECIFIC FINDING AND ARRIVING AT SUCH CONCLUSION, SORRY.

THE VARIANCES WE ARE GRANTING WILL NOT CAUSE A DETRIMENTAL

[01:15:01]

IMPACT TO THE CHARACTER OF THE NEIGHBORHOOD OR ADVERSELY IMPACT THE PHYSICAL AND ENVIRONMENT CONDITIONS IN THE NEIGHBORHOOD.

ARE THE HEALTH, SAFETY AND OR WELFARE OF NEARBY RESIDENTS NOR WILL IT HAVE AN ADVERSE IMPACT ON THE VALUE AND OR ENJOYMENT OF ABUTTING PROPERTIES? BECAUSE THIS IS A COMMERCIAL AREA CHARACTERIZED BY NUMEROUS SIMILAR INDUSTRIAL TYPE USES AND OR STRUCTURES.

ALTHOUGH BOTH MUNICIPALITIES HAVE ZONED THE PROPERTY LIGHT INDUSTRIAL THAT IS ALLY, THE REQUIREMENTS IN THE VILLAGE OF ELMSFORD ARE MUCH LESS RESTRICTIVE THAN THOSE IN GREENBURG.

FOR EXAMPLE, THE BUILDING PERMITS RESTRUCTURES UP TO 150 FEET IN HEIGHT WHILE THE TOWN LIMITS STRUCTURES TO A MAXIMUM OF 48 FEET.

SIMILARLY, THE REQUIREMENTS FOR SIDE AND REAR YARD SETBACKS IN THE VILLAGE ARE SEVEN FEET AND 10 FEET RESPECTIVELY, WHILE THE REQUIREMENTS ARE 50 FEET EACH IN THE TOWN.

THAT SAID IT WAS NOTED BY THE PLANNING BOARD IN ITS RECOMMENDATION THAT THIS BOARD GRANT THE REQUESTED VARIANCES.

ALL OF THE BUILDINGS WITHIN THE TOWN OF GREENBURG AND THE VICINITY OF THE PROJECT SITE ARE NON-COMPLIANT WITH THE ALLY DISTRICT REQUIREMENTS IN THE TOWN.

WE THEREFORE FIND THAT GRANTING THE REQUESTED VARIANCES WILL NOT RESULT IN AN ADVERSE CHANGE IN THE CHARACTER OR PREDOMINANT USE OF THE DISTRICT OR NEARBY PROPERTIES OR ENVIRONMENTAL CONDITIONS THEREIN, IN FACT, THE PLANNING BOARD IN RECOMMENDING THAT THE VARIANCES BE GRANTED OPINE THAT THE PROPOSAL WILL RESULT IN A SIGNIFICANT IMPROVEMENT TO THE SITE OVER EXISTING CONDITIONS BY, AMONG OTHER THINGS PROVIDING ONSITE PARKING FOR ITS EMPLOYEES AND CUSTOMERS WHICH IS LACKING, LACKING IN THIS BUSY COMMERCIAL AREA.

APPLICANT HAS NO FEASIBLE ALTERNATIVE TO THE VARIANCES REQUESTED BECAUSE THE SITE IS BISECTED BY THE MUNICIPAL BOUNDARY, THEREBY IMPOSING DIFFERENT ZONING REQUIREMENTS TO THE SITE.

IT IS NOTICED THAT THE VILLAGE OF ELMSFORD HAS ALREADY GRANTED SITE PLAN APPROVAL AND HAS ISSUED A NEGATIVE DECLARATION AS LEAD AGENCY UNDER CER.

ALTHOUGH MANY OF THE VARIANCES REQUESTED FOR THE TOWN'S PORTION OF THE SITE OR SUBSTANTIAL IN RELATION TO THE REQUIREMENTS SOUGHT TO BE VARIED, THE IMPACTS OF THE VARIANCES ARE MITIGATED TO THE EXTENT PRACTICABLE BY THE FACT THAT THE NATURE OF THE USE THAT IS SELF-STORAGE IS ITSELF A LOW IMPACT USE IN TERMS OF TRAFFIC GENERATION AND PARKING.

MOREOVER, THE PROPOSED STRUCTURE WILL COMPLY WITH MOST, IF NOT ALL ZONING REGULATIONS IN THE VILLAGE INSOFAR AS THE IMPACTS OF THE VARIANCES ON THE TOWN.

PURSUANT TO REQUESTS FROM THE TOWN PLANNING BOARD, THE APPLICANT WILL BE PROVIDING LANDSCAPING ON THE TOWN PORTION OF THE SITE, THE REAR AND THE SIDES, WHILE THE FEATURES OF THE SITE THAT WILL GENERATE THE MOST IMPACT SUCH AS PARKING AND LOADING ARE LOCATED IN THE FRONT.

THAT IS THE VILLAGE AREAS OF THE SITE WHICH HAS NOTED HAVE ALREADY RECEIVED SITE PLAN APPROVAL.

FINALLY, SECTION 2 85 DASH SEVEN B TWO OF THE ZONING ORDINANCE PROVIDES THAT WHERE A LOT IS DIVIDED BY A DISTRICT BOUNDARY, THE PROVISIONS OF THE LESS RESTRICTIVE DISTRICT CAN BE EXTENDED BY THE ZONING BOARD UP TO 30 FEET INTO THE MORE RESTRICTIVE DISTRICT.

WE HEREBY ELECT TO DO SO, WHICH WILL FURTHER REDUCE THE MAGNITUDE OF THE VARIANCES REQUIRED BY THE PROPOSED BUILDING.

FINALLY, THE APPLICANT'S DIFFICULTY IS SELF-CREATED IN THAT IT PURCHASED THE PROPERTY WITH ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE APPLICABLE ZONING REGULATIONS.

THE FACT THAT SUCH DIFFICULTY IS SELF-CREATED DOES NOT HOW, HOWEVER, IN BY ITSELF REQUIRES TO DENY AN AREA OF VARIANCE.

FOR ALL THE ABOVE REASONS, WE HEREBY GRANT THE REQUESTED VARIANCES AND LAST CASE TONIGHT IS CASE 2228 AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO C A COMPLIANCE AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.

SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

CHAIR VOTES.

AYE.

AND IS THERE A MOTION SO MOVED? OH, UH,

[01:20:01]

YES.

I MOVE THAT THE APPLICATIONS IN CASE NUMBER 2228 BE GRANTED PROVIDED THAT THE APPLICANT OBTAINED, SORRY, LEMME GET THIS.

OKAY.

PROVIDED THAT THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENT, CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED SEPTEMBER 2ND, 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.

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.

SECOND.

ALL IN FAVOR, AYE.

AYE.

CHAIR VOTES.

AYE.

UH, THE FINDINGS, THE APPLICANT OWNS PROPERTY LOCATED IN THE R 7.5 ZONING DISTRICT.

THE APPLICANT PROPOSES TO MODIFY AN EXISTING ROOF TO CREATE A DORMER IN ORDER TO DO SO.

THE APPLICANT REQUIRES THE FOLLOWING VARIANCES FROM THE PROVISIONS OF THE ZONING ORDINANCE, A TOTAL GROSS FLOOR AREA RATIO AND INCREASE FROM WHAT IS PERMITTED AND TO ENLARGE A, A NON-CONFORMING STRUCTURE TO INCREASE SUCH NON-CONFORMANCE.

THE HOUSE IS ALREADY A PRE-EXISTING NON-CONFORMING STRUCTURE.

IN GRANTING THIS APPLICATION, THE ZONING BOARD HAS WEIGHED THE BENEFIT TO BE DERIVED BY THE APPLICANT FROM THE PROPOSED VARIANCES AGAINST THE IMPACT THAT THE VARIANCES MIGHT HAVE ON THE SURROUNDING NEIGHBORHOOD.

AFTER DOING SO, WE HEREBY FIND THAT GRANTING THE VARIANCES WILL NOT RESULT IN AN UNDESIRABLE CHANGE TO THE NEIGHBORHOOD OR DETRIMENT TO NEARBY PROPERTIES BECAUSE THE PURPOSE OF THE VARIANCE IS TO PERMIT A SHED DORMER TO CREATE ADDITIONAL SPACE IN THE BEDROOM OF THE TOP LEVEL OF THE HOUSE.

THERE ARE SEVERAL HOMES IN THE NEIGHBORHOOD, INCLUDING THE HOUSE NEXT DOOR THAT HAS A SIMILAR DORMER AND ROOF LINE.

THE DORMER WILL DORMER WILL NOT IMPEDE ANY VIEWS OR PROTRUDE OUT CLOSER TO ANY PROPERTY LINES.

TWO.

THE GOAL OF THE APPLICANT CANNOT BE ACHIEVED BY SOME OTHER FEASIBLE MEANS WITHOUT OBTAINING THE VARIANCES WE ARE GRANTING NOW BECAUSE THE PROPERTY IS ALREADY A PRE-EXISTING NON-CONFORMING STRUCTURE, SO ANY CHANGE TO THE PROPERTY WOULD REQUIRE AN AREA VARIANCE.

THREE.

THE REQUESTED VARIANCE FOR GROSS FLOOR AREA IS SUBSTANTIAL IN RELATION TO THE REQUIREMENTS SOUGHT TO BE VARIED AND THAT THE REQUESTED RELIEF IS 3,713 SQUARE FEET COMPARED WITH 3,142 SQUARE FEET, UH, WHICH IS PERMITTED, WHICH IS AN 18% INCREASE IN GROSS FLOOR AREA.

HOWEVER, THE EXISTING FLOOR AREA OF THE HOME IS ALREADY GREATER THAN WHAT IS PERMITTED.

SO THE ADDITION OF THE ROOF DORMER ACCOUNTS FOR ONLY AN 84 SQUARE FOOT INCREASE IN THE OVERALL FLOOR AREA.

FURTHER, IT SHOULD BE NOTED THAT THIS LOT IS OVER 12,000 SQUARE FEET IN SIZE.

HOWEVER, IT CONTAINS STEEP SLOPES WHICH MUST BE DEDUCTED FROM THE TOTAL LOT AREA RESULTING IN A SMALLER BUILDABLE LOT AREA.

IF THE STEEP SLOPES WERE NOT DEDUCTED FROM THE TOTAL LOT AREA, NO VARIANCES WOULD BE REQUIRED.

FOUR.

GRANTING THE VARIANCES WILL NOT HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT BECAUSE THE STEEP SLOPES ON THE SITE WILL NOT BE DISTURBED AND NO LAND WILL BE DISTURBED.

THE PROPOSED DORMER WILL NOT IMPEDE ANY VIEWS OR PROTRUDE NEAR THE PROPERTY LINE.

THE APPLICANT'S NEED FOR THE VARIANCE WAS SELF-CREATED BECAUSE THEY PURCHASED THE PROPERTY WITH KNOWLEDGE OF THE REQUIREMENTS OF THE ZONING ORDINANCE.

HOWEVER, THE FACT THAT AN APPLICANT'S NEED FOR AN AREA VARIANCE IS SELF-CREATED, DOES NOT BY ITSELF, REQUIRE US TO DENY AN AREA OF VARIANCE.

THANK YOU AND THANK EVERYONE HERE THIS EVENING AND HOPEFULLY WE WILL ALL CELEBRATE HALLOWEEN.

HAVE IT SAFE AND SOUND AND NOT RAINING.

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