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ALRIGHT,

[00:00:02]

UH, GOOD EVENING EVERYONE.

THIS IS THE GREENBERG ZONING

[ DRAFT TOWN OF GREENBURGH ZONING BOARD OF APPEALS AGENDA THURSDAY, December 15, 2022 – 7:00 P.M. ]

BOARD OF APPEALS, UH, FOR THE MEETING OF DECEMBER THE 15TH.

15TH .

UM, UH, YES, UH, WE HAVE A VERY FULL AGENDA THIS EVENING.

WE HAVE A TOTAL OF 10 CASES TONIGHT.

UM, AND FOR THAT REASON, WE ARE GOING TO ATTEMPT TO LIMIT, UM, EACH MATTER TO APPROXIMATELY 10 MINUTES SO THAT WE CAN GET THROUGH THE ENTIRE AGENDA, UM, TONIGHT WITHIN A REASONABLE TIME.

UM, PLEASE NOTE THAT CASE NUMBER 2 2 0 5 ORLEY HAS BEEN ADJOURNED TO THE MEETING OF JANUARY 19TH.

UH, IF WE CANNOT COMPLETE THE HEARING OF ANY CASE TONIGHT, IT WILL BE ADJOURNED TO THE NEXT MEETING.

UM, ALSO TO SAVE TIME, WE WILL WE'LL WAIVE THE READING OF EACH PROPERTY.

CAN YOU NOT HEAR ME? YEAH, NO.

OH, OKAY.

I CAN MOVE THIS CLOSER.

UH, WE'RE GONNA WAIVE THE READING OF THE PROPERTY DESCRIPTION TO SAVE TIME, UM, AFTER THE PUBLIC HEARING OF TONIGHT'S CASES, THE BOARD WILL, UH, WILL EITHER MEET HERE, UH, TO DELIBERATE EACH CASE.

UM, EVERYONE, OH, YOU'RE AL YOU'RE ABLE TO LISTEN TO OUR DELIBERATIONS, HOWEVER, YOU MAY NOT PARTICIPATE WHILE WE DELIBERATE.

UM, WHEN YOU ARE COMING UP TO PRESENT YOUR CASE, PLEASE STATE YOUR NAME FOR THE RECORD AND WHO YOU ARE, OR IF YOU'RE, UM, AN ATTORNEY WHO YOU'RE, YOUR CLIENT'S NAME AND YOUR NAME.

UM, I THINK THAT'S IT.

GOOD.

OKAY.

OKAY.

SO WE'LL START, WE'LL JUST JUMP RIGHT IN.

UM, FIRST CASE ON TONIGHT'S AGENDA IS CASE NUMBER 2231.

ALICE MCPHERSON, 18 ARGYLE ROAD.

OKAY.

SOME SUPPORT LETTERS.

OKAY.

AND JUST DON'T FORGET TO STATE YOUR NAME FOR THE RECORD.

ABSOLUTELY.

OKAY.

GOOD EVENING.

BOARD CHAIR MEMBERS OF THE Z B A I AM ROBERT SCHWEITZER, LANDSCAPE ARCHITECT AND APPLICANT FOR PROPERTY OWNER ALICE MCPHERSON, RESIDING AT 18 ARGYLE ROAD BOARD CHAIR.

SO WE ARE GOING TO WAIVE THE VARIANCE, THE DESCRIPTION OF THE VARIANCE FOR THE RECORD, AND JUST MOVE RIGHT TO THE PRESENTATION.

OKAY.

LET'S SEE WHAT ELSE.

KEEP, THIS IS THE ONE I'M LOOKING FOR, GARRETT.

OKAY.

I'LL HAVE THAT UP.

JUST A MOMENT.

NO, IT'S OKAY.

WE'RE ALL GOOD? YEAH.

OKAY.

YES, YOU HAVE IT ON THE SCREEN ANYWAY.

THIS IS, SO, SIR, UM, YEAH, IF YOU CAN REFER TO THE SCREEN AND JUST STAY AT THE PODIUM.

THANK YOU.

ANTHONY, CAN YOU HIT THAT LIGHT? THE BACK ONE? THANK YOU.

OKAY.

THE PROPERTY IS IN THE MIDDLE.

IT'S YELLOW.

IT'S FROM CURRENT PLAN IS UPSIDE DOWN.

THAT WAS FROM THE TOWN MAP.

AND, UH, THERE ARE SOME SIX PROPERTIES SURROUNDING IT IMMEDIATELY.

IT'S HARD FOR YOU TO SEE, BUT THREE OF THOSE HAVE GREEN STARS.

TWO OF THOSE HAVE RED STARS AND ONE HAS NOTHING.

SO THERE'S SIX PROPERTIES, ONE EMPTY LOT.

THE THREE GREEN STARS REPRESENT THE SUPPORT LETTERS THAT YOU HAVE.

THERE ARE TWO RED STARS.

MY CLIENTS TRIED TO REACH OUT TO THESE PEOPLE.

THEY WERE, UM, UNSUCCESSFUL WITH THE LOT THAT ADJOINS WHERE THE POOL IS GOING TO BE.

AND YOU CAN SEE THE, WHERE THE POOL IS ON THE YELLOW PROPERTY.

UH, THEY

[00:05:01]

MADE TWO ATTEMPTS.

UH, THE PEOPLE WEREN'T HOME OR WEREN'T RESPONDING.

THE KIDS WERE OUT THE SECOND TIME ANYWAY.

IT DIDN'T WORK THE PROPERTY ON THE OTHER SIDE.

UH, THEY DID MEET WITH A NEIGHBOR, BUT SHE DID NOT GIVE THEM A SUPPORT LETTER BECAUSE SHE SAID SHE'S GONNA BE ATTENDING THE MEETING VIA ZOOM AND HAS SOME QUESTIONS TO BRING UP AT THE MEETING.

SO, UM, IN DOING THIS, UH, I TOOK A TOWN MAP.

I'M GONNA REFER TO THIS LATER.

THERE'S A SECTION ELEVATION THAT GOES FROM THE HOUSE ACROSS THE POOL TO THE, A BUDDING LOT ADJOINING THE, UH, THE POOL, WHICH BY THE WAY HAS A POOL THEMSELVES.

AND I TOOK THAT FROM A GOOGLE EARTH MAP.

AND I WILL, UH, PRESENT THAT AT THE END OF MY, UH, PLANS.

SO I'LL START RIGHT AWAY WITH, UM, WITH THE SITE PLAN.

IF YOU HAVE ANY QUESTIONS BEFORE WE MOVE ON, THAT WOULD BE L ONE GARRETT.

OKAY.

OKAY.

YES.

UH, SO THERE, YOU SEE, CAN YOU ZOOM IN ON THAT? YEAH.

OKAY.

YES.

SO THERE YOU SEE THE POOL SITE.

YOU SEE THE CONTRACT LIMIT LINE.

THE, UH, POOL, UM, EQUIPMENT IS IN THE BACK THERE.

THERE IS A, UM, THERE'S SOME GRADING IF, UH, WHICH I'LL ADDRESS IF YOU HAVE ANY QUESTIONS.

IT'S VERY STRAIGHTFORWARD.

UM, IT IS IN THE SIDE YARD AND THERE IS NO ROOM IN THE REAR YARD.

IF YOU CAN MOVE THIS PLAN DOWN, DOWN THE SCREEN TO SHOW THE REAR YARD, THAT'S THE FRONT, YEAH, YOU HAVE ACTUALLY, I THINK 22 FEET, SIX INCHES.

I DIDN'T DIMENSION IT ON THIS PLAN, BUT I HAVE IT ON THE OTHER.

SO FROM HOUSE TO PROPERTY LINE IS, IS 22 FEET, SIX INCHES, PLUS OR MINUS.

THERE'S A SETBACK.

SO IT DOESN'T LEAVE ANY ROOM TO PUT A POOL IN THIS, IN THIS REAR SPACE, UH, THE TWO SIDE YARDS.

THE ONLY SPACE POSSIBLE TO PUT A POOL IS WHERE I'M SHOWING IT.

THE OTHER ONE DOESN'T HAVE THE OTHER SIDE DOESN'T HAVE THE ROOM.

IT'S A VERY SIMPLE POOL.

IN DOING THIS, MY CLIENTS HAVE SIGNIFICANTLY DOWNSIZE THE POOL TO A 10 BY 18.

STANDARD POOLS ARE 18 BY 38, 20 BY 40.

UH, FOR OBVIOUS REASONS.

YOU CAN SEE, UM, WE'VE MADE EVERY ATTEMPT TO FIT THIS, UH, INTO THE SPACE.

INSTEAD OF FORCING IT INTO A SPACE, HAVING A LARGER POOL.

IT'S VERY SMALL POOL.

THERE'S THIS REAR RETAINING, NOT, THERE'S A REAR FREESTANDING WALL, AND THEN THERE'S A LITTLE, UH, PATIO AREA BETWEEN THE WALL AND THE POOL.

AND THERE'S A LITTLE PATIO, UH, ON THE HOUSE SIDE OF THE POOL.

AND THEN THERE'S A LAWN STRIP, AND THEN THAT CONNECTS TO A PORCH.

THERE ARE SOME TREES, EXISTING TREES THAT YOU SEE.

THESE ARE, UM, AE TREES.

THERE IS ALSO A, A PRIVACY FENCE THAT GOES FROM THE REAR.

A SIX FOOT PRIVACY SOLID BOARD FENCE COMES DOWN THE SIDE OF THE FENCE DOWN THE SIDE OF THE PROPERTY.

AND IF WE CAN MOVE TO THE FRONT NOW, GARRETT, THANK YOU.

THAT FENCE GOES ALONG THE SIDE OF THE ROAD AND THEN CUT, UM, AND THEN CUTS BACK TO THE HOUSE WHERE THE GATE IS SHOWN, AND THEN I L IT BACK TO THE HOUSE.

SO THAT'S A SIX FOOT ENCLOSURE ALL THE WAY AROUND.

THAT'S REALLY THE, THE PROPOSAL.

WITHOUT GETTING TOO TECHNICAL, UM, I HAVE A, A PLANTING AND SCREENING PLAN THAT I CAN, CAN SHOW YOU NEXT.

THAT'S THE SECTION ELEVATION.

WE'LL SAVE THAT TO LAST.

IF, IF, IF WE CAN MOVE TO THE PLANTING PLAN, THAT WOULD BE L FOUR.

[00:10:01]

THAT'S IT.

SO IF YOU LOOK AT THE LEFT DRAWING, YOU WILL SEE THE EXISTING TREES.

AND WE HAVE EXTENDED THAT HEDGE ROW TAKING OUT SOME SHRUBS AND, AND SOME LOOSE, UH, PLANTINGS ALONG THAT BORDER.

UH, WE'VE ACTUALLY GROUPED SOME OF THOSE ROAD ADDENDUMS UP ON THE TOP, EXTENDING THE ROAD TO DENDRON HEDGE OR SCREEN ON THE TOP, UH, WHICH IS THE REAR OF THE SITE.

SO THERE IS A, A CONTINUOUS HEDGE ROW OF TREES.

THOSE TREES THAT YOU SEE THERE EXISTING ARE 12 TO 14 FEET.

I'M PROPOSING WE PUT IN 10 TO TWELVES HEIGHT MATURITY WOULD BE 15 FEET ON THAT HEDGE.

BEHIND THAT HEDGE IS A SIX FOOT PRIVACY FENCE.

SO YOU ARE WELL SCREENED FROM THAT ONE NEIGHBOR, UM, THAT I SHOWED YOU EARLIER, THAT HAS THE POOL, BY THE WAY, ON THEIR SIDE OF THE, OF THE, OF THE PROPERTY.

UH, THE FRONT IS NOT AN ISSUE.

THE REAR BEING THAT WE'RE NOT PUTTING THE POOL THERE.

BUT YOU ALSO HAVE THE PRIVACY FENCE.

YOU ALSO HAVE THE RHODODENDRONS, WHICH ARE SIX TO SEVEN FEET ON THE RIGHT SIDE.

IT'S OUT OF THE, OUT OF THE VIEW WINDOW OF THE POOL.

BUT THERE ARE SOME POOR, POOR CEDAR TREES, VERY IN, VERY POOR CONDITION.

AND WE'RE REMOVING THOSE AND ADDING NEW CEDAR TREES, WHICH WOULD AGAIN, CREATE A, A, UH, HEAD SCREEN ALONG THE BACK.

SO, UH, AS YOU SEE ON THE DRAWING ON THE RIGHT, UH, THAT WOULD BE THOSE TREES.

THERE ARE ABOUT 10 FEET.

AND YOU SEE IN FRONT OF THEM THERE IS A, A DECORATIVE TRELLIS.

IT DOESN'T SHOW UP.

WELL, I HAVE IT IN COLOR.

WOULD YOU LIKE TO SEE IT? I'VE RENDERED IT IN COLOR.

SURE.

OKAY.

OH, OKAY.

THANK YOU.

SO IT'S A SIMPLE DESIGN, UH, AND, UH, WE'RE NOT TRYING TO BEAT IT TO DEATH.

SO THAT'S THE LAYOUT.

UH, I THEN, I NOW HAVE A SECTION ELEVATION PLAN, WHICH I DON'T THINK YOU HAVE THAT WAS NOT DIGITIZED.

SO I'M GONNA HAVE TO SHOW THAT TO YOU.

UH, OKAY.

OKAY.

AND I'LL JUST QUICKLY, IT'S DIFFERENT THAN WHAT'S ON THE SCREEN.

IT'S RENDERED.

OH, OKAY.

IT'S RENDERED.

SO, BUT LET'S, YOU CAN SEE THAT THAT'S, THOSE ARE THE TWO HOUSES THAT, AND THEN I'LL SHOW YOU THE RENDERING.

SO ON THE, ON THE, UH, RIGHT, THE HOUSE ON THE RIGHT IS THE OWNER'S HOUSE.

OKAY.

AND THEN YOU SEE THE SMALL POOL.

THEN, THEN AS YOU MOVE, MOVE, YOU DON'T SEE THE PATIO, BUT YOU SEE THE, THE, THE RETAIN THE FREESTANDING WALL.

AND THEN YOU SEE THE TRELLIS BEHIND THE FREESTANDING WALL.

AND THEN YOU SEE THE HEDGE, AND THEN YOU SEE THE PRIVACY FENCE.

AND THAT HEDGE IS NOT AT HEIGHT MATURITY, THAT'S A 10 FOOT HEDGE.

SO WE'RE GONNA GROW THAT.

OKAY.

OKAY.

THANK YOU.

THANK YOU, .

AND THAT'S PRETTY MUCH THE PROPOSAL.

OKAY.

YOU KNOW, UM, GARRETT, THERE'S SOMEBODY ON ZOOM.

OKAY.

LET'S SEE.

SO ANYONE IN THE AUDIENCE, LET'S, IF ANYONE IN THE AUDIENCE, AUDIENCE WANTS TO SPEAK, WANNA SPEAK ON THIS APPLICATION, I, I WOULD LIKE TO, I DON'T KNOW IF YOU CAN HEAR ME.

I JUST UNMUTE.

OKAY, MA'AM.

UNMUTE MY STILL.

UH, YES, WE'RE ALL SET.

MS. CINDER, YOU CAN SPEAK.

OKAY.

OKAY.

UH, I LIVE IN, UM, THE PROPERTY.

IF YOU FACE THEIR HOUSE TO THE RIGHT, SO I'M NEAR THEIR SMALL SIDE YARD.

I'M NOT NEAR, UH, WHERE'S A POOL, UH, IS PROPOSED TO GO IN.

AND BY THE WAY, I HAVE NO OBJECTION, UH, TO APPALL IN THE SIDE YARD.

I THINK IT'S THE ARMY.

MA'AM, WHAT, WHAT IS YOUR NAME? COULD YOU JUST SAY YOUR NAME, PLEASE? OH, UH, MY NAME IS BERNICE SINER.

OKAY, THANK YOU.

AND WHAT'S YOUR ADDRESS? 26 ARGYLE ROAD.

OKAY.

OKAY.

SO MY, AND I'M SORRY, CAN

[00:15:01]

YOU SPELL YOUR LAST NAME? MY QUESTIONS, UH, RELATE TO.

IT'S OKAY.

JUST SONOGRAPHER CAN PICK IT UP.

THAT CAN, CAN YOU HEAR ME? YES.

YES.

GO AHEAD.

YEAH.

UM, IN, UH, THE PROPOSAL, I MADE A COPY BECAUSE, UH, THE MCPHERSONS WERE NICE ENOUGH TO SHARE THE PROPOSAL WITH ME.

SO, APPENDIX B, THE SHORT ENVIRONMENTAL ASSESSMENT FORM ON PAGE TWO THERE LOTS OF, UH, REFERENCES TO DRAINAGE.

UH, NUMBER 11 SAYS, WILL THE PROPOSED ACTION CONNECT TO EXISTING WASTEWATER FACILITIES? UM, YES OR NO WAS NOT CHECKED OFF BY THE WAY, BUT, UH, A COMMENT WAS TYPED IN POOL DRAWDOWN WILL BE DRAINED INTO THE TOWN STORMWATER SEWER.

SO I WAS WONDERING, YOU KNOW, IF THERE COULD BE ANY BACKUP, IF THERE'S A HUGE POOL IS DRAINED INTO THE STORMWATER SEWER, COULD IT CAUSE A BACKUP INTO ADJACENT TOWN OR COULD IT EVEN JUST FLOOD THE ROAD? AND THEN FURTHER DOWN ON PAGE TWO, NUMBER 17 B, WILL STORM WATER DISCHARGES BE DIRECTED TO ESTABLISH CONVEYANCE SYSTEMS RUNOFF AND STORM DRAINS AND YES, IS, UH, CHECKED OFF.

AND THE TYPED IN STATEMENTS ARE IMPERVIOUS SURFACES.

EXPANSION WILL BE MEASURED, WILL BE MEASURED TO THE TOWN ENGINEER'S DESIGN STORM TO QUANTIFY NET RUNOFF, WHICH WILL BE CONTAINED VIA SUBSURFACE INFILTRATION OVERFLOW WILL BE VIA PIPE POINT SOURCE DISCHARGES OWNER OF THE OVER THE OWNER'S LAWN DRAINING TO THE TOWN ROAD SEWER.

SO I WAS JUST CONCERNED, YOU KNOW, IF THIS DRAINAGE IS A PROBLEM OR IF IT'S NOT A PROBLEM, I'M OKAY WITH IT.

UH, YOU KNOW, I CERTAINLY WANNA BE A GOOD NEIGHBOR.

UH, BUT, YOU KNOW, I WOULDN'T WANNA BACK UP, UM, INTO MY HOUSE.

AND THEN A NEW ISSUE AROSE JUST NOW WHEN I LOOKED AT THE ARCHITECT DRAWING, I NOTICED THERE'S POOL EQUIPMENT IN THE RIGHT REAR YARD, WHICH WOULD BE ADJACENT TO MY YARD.

WHAT KIND OF POOL EQUIPMENT IS THIS? IS IT NOISY? UM, WHAT, WHAT DOES IT DO? SO THAT'S THE EXTENT OF MY CONCERNS.

OKAY.

THANK YOU, MA'AM.

UH, MADAM CHAIR, THERE ARE NO OTHER SPEAKERS WISHING TO SPEAK.

DO YOU WANT THE, UH, PROFESSIONAL TO ANSWER THOSE QUESTIONS? YES, PLEASE GO AHEAD.

SURE.

WITH REGARD TO THE POOL, IT'S A HEATER AND A FILTER.

A HEATER AND A FILTER.

THAT'S THE PURPOSE OF IT.

SO, UM, IT'LL, IT'LL CLEANSE THE WATER AND HEAT IT AND SEND THAT TO THE POOL ITSELF.

AS FAR AS STORM WATER IS CONCERNED, WE ARE PROPOSING, AND IT'S NOT ON THESE PLANS, BUT MY NEXT STEP WILL BE TO WORK WITH THE TOWN ENGINEER.

AND WHAT WE TYPICALLY DO IS PERK TESTS FOR PERCOLATION RATE.

I SEND THAT TO MY ENGINEER AND WE CALCULATE THE RUNOFF FROM THE EXPANSION IN IMPERVIOUS SURFACES.

I BELIEVE THIS TOWN HAS A 25 YEAR STORM.

SO THE RAINWATER GIVEN OFF FROM THE EXPANSION AND IMPERVIOUS SURFACES IS QUANTIFIED TO CUBIC FEET THAT IS PUT INTO THE GROUND VIA SUBSURFACE CHAMBERS, UM, CONVEYED THROUGH A SURFACE SYSTEM THAT, UM, I HAVE ALREADY PROPOSED EXCESS RUNOFF.

IF YOU HAVE A STORM THAT'S GREATER THAN 25 YEARS, UH, YOU, YOU POTENTIALLY WILL GET, UH, EXCESS RUNOFF AND THAT WILL DISCHARGE OUT TO THE, THE TOWN, UH, STORM WATER SYSTEM ON THE ROAD.

AND THAT'S, THAT'S A STANDARD WAY THAT WE DO THESE THINGS.

SO I HOPE I'VE ADDRESSED YOUR, YOUR QUESTION, MA'AM.

I GUESS, UM, I WOULD ASK ONE QUESTION, UM, IF, IF IT WAS ADVISABLE FROM THE TOWN OF, UH, THE BUREAU OF ENGINEERING, WOULD YOU BE OPEN TO IN INSTANCES WHERE YOU HAVE TO DRAIN THE WHOLE POOL, UM, DOING IT INTO A TRUCK AND TAKING IT OFF SITE? 'CAUSE I, I'VE SEEN THAT, UM, DONE BEFORE.

WOULD YOU BE OPEN TO THAT? I WOULD, IF THAT'S THE TOWN POLICY.

OKAY.

I MEAN, POOL, POOL WATER HAS A LITTLE CHLORINE.

IT'S CLEAN.

THERE'S, THERE'S NO BAD CHEMICALS, BUT THAT'S NOT FOR ME.

IT'S, IT'S THE TOWN POLICY.

OKAY.

THANK YOU ON THAT.

THANK YOU FOR, AND I, I THINK MY CLIENTS WOULD BE HAPPY TO ABIDE.

THANK YOU.

OH, ANY QUESTIONS FROM THE BOARD? YEAH, I JUST, I JUST WANTED TO MAKE SURE THAT WOMAN'S QUESTION WAS ANSWERED.

PART OF WHAT SHE ASKED WAS ABOUT POOL EQUIPMENT WAS HOW LOUD IS IT? AND MY QUESTION IS, HAVING GROWN UP

[00:20:01]

WITH A POOL AND IN GROUND POOL, IS THAT UNDERGROUND OR IS IT ABOVE GROUND? IT'S ABOVE GROUND, BELOW GROUND.

SO YOU'RE SAYING THE POOL EQUIPMENT IS ABOVE GROUND? IT'S ABOVE GROUND.

AND HOW WILL THAT BE ENCLOSED? WELL, USUALLY IT'S, IT'S A, A FOUR TO FIVE FOOT, UH, FENCE SOLID BOARD FENCE, UH, THAT WILL HELP CONTROL SOME OF THE SOUND.

BUT THE EQUIPMENT TODAY IS, IS NOT THAT LOUD.

I MEAN, WHAT ELSE? WHAT ELSE SHOULD, SHOULD, SHOULD YOU DO? I JUST WANNA MAKE SURE HER POINT WAS ADDRESSED.

ABSOLUTELY, ABSOLUTELY.

SO WE'LL HAVE, IF, IF WE'LL HAVE FENCE AROUND FENCING AROUND THAT, BUT YOU ALSO HAVE, BEYOND THAT, YOU HAVE A SOLID BOARD PRIVACY FENCE ON THE PERIMETER AREAS.

UM, OKAY, MA'AM, WE'LL CALL ON YOU IN A MOMENT.

OKAY.

SO YOU HAVE, YOU, YOU HAVE TWO FENCES, UH, WORKING THERE.

OKAY.

OKAY.

IT APPEARS THE SPEAKER WANTS TO MAKE MORE COMMENTS.

GO, GO AHEAD.

ANYTHING ELSE FROM THE BOARD OR, I, I HAVE A QUESTION ON THE PRIVACY FENCE.

WHOSE PROPERTY IS ON? IS THAT ON? IT'S ON THE MCPHERSON'S.

UM, CAN THE, UM, OKAY, MA'AM, MA'AM, WHEN WE CALL ON YOU, THAT'S WHEN IT WILL BE YOUR TURN TO SPEAK.

OKAY.

OH, I'M SORRY.

THANK YOU.

I'M SORRY.

GOT ONE SMALL, TWO SMALL QUESTIONS.

SO IN REFERENCE TO THE, UH, POOL EQUIPMENT, HOW FAR FROM THE PROPERTY LINE IS THAT ROUGHLY? I THINK I'VE SAID IT.

I'D HAVE TO SEE THE DRAWING.

I THINK IT'S 12 FEET.

12 FEET, I THINK.

OKAY.

NUMBER TWO.

UH, OTHER THAN BEING PLACED IN THE SIDE YARD, THIS MEETS ALL OF THE SETBACKS THAT'D BE REQUIRED IF IT WERE IN THE REAR YARD.

I BELIEVE THE REAR YARD IS FOR A POOL 10 FEET.

CORRECT ME IF I'M WRONG, SIR.

YEAH.

SO I, I'M SHOWING ON MY SITE PLAN 17 FEET TO WATERLINE, THEN THE DECK EXTENDS BEYOND THAT AND THE WALL.

SO SOME TOWNS NOT TOO MANY.

CONSIDER THAT PART OF THE POOL.

RIGHT.

I COULDN'T FIND ANYTHING IN YOUR CODE IF THAT IS ACTUALLY PART OF THE POOL OKAY.

OR NOT.

UH, SO IF IT'S TO WATERLINE, IT'S 17.

IF IT'S TO THE BEAM, YOU'LL ADD ANOTHER FOOT.

SO IT, IT, IT WOULD THEN BE, INSTEAD OF 17, IT WOULD BE 16 FEET TO THE POOL BEAM.

OKAY.

ANY OTHER QUESTIONS FROM THE BOARD? OKAY.

UH, SORRY.

MS. CINDER.

OKAY, MS. CINDER AHEAD, MA'AM, DID YOU HAVE, UH, ONE, ONE MORE COMMENT, YOU CAN UNMUTE AND, UH, IT'S YOUR TURN TO SPEAK.

UM, YEAH.

UH, IS IT POSSIBLE FOR THAT, UH, POOL EQUIPMENT TO BE LOCATED, UH, CLOSER TO THE POOL SO THAT IT'S NOT RIGHT NEAR MY PROPERTY LINE? IT LOOKED LIKE IT WAS QUITE CLOSE FROM THE DRAWING, YOU KNOW, THAT IT WAS ALMOST, YOU KNOW, LIKE JUST A COUPLE FEET FROM THE FENCE.

OKAY.

THANK YOU.

WE'LL, WE'LL LOOK TO HAVE THAT ANSWERED.

YES.

I'VE, I'VE TUCKED IT INTO THE CORNER HERE TO PRESERVE SOME OF THE REAR SPACE FOR MY CLIENTS.

UM, I WOULD HAVE TO ASK THEM IF THAT'S A CONDITION THAT THE BOARD, UM, STATES THAT IT HAS TO BE.

BUT HONESTLY, UM, IF YOU WERE MY CLIENT, I WOULD, I WOULD WANT, I WOULD THINK THAT YOU WOULD WANT TO HAVE SOME OPEN SPACE HERE.

THEY HAVE TWO YOUNG KIDS.

THEY HAVE, I BELIEVE THERE'S SOME PLAY EQUIPMENT OUT HERE, SO, UH, IF WE'RE GONNA MOVE IT, IT WOULDN'T, I WOULDN'T WANT TO MOVE IT A LOT.

JUST, JUST, JUST TO PRESERVE THIS, THIS SPACE HERE.

AND THAT'S, THE POOL IS HERE.

YEAH, NO, I'VE NEVER REALLY SEEN PEOPLE PLACE IT FAR.

IS THERE SOME REASON IT'S NOT ON THE OTHER SIDE OVER HERE? CLOSER TO THE POOL? YEAH, THE OTHER CORNER.

IN THE OTHER CORNER? YEAH.

IN HERE? YEAH.

WELL, I HAVE SOME STRAWBERRY, SIR.

IF YOU GO TO THE PODIUM, SORRY.

OKAY.

PULL UP THE PLANTING PLAN.

THERE IS A, THERE IS A SPACE ON THE OTHER SIDE, BUT YOU CAN SEE THAT I HAVE A LOT OF PLANTINGS IN THERE.

AND THE POOL, THE POOL EQUIPMENT WOULD BE VERY CLOSE TO THE POOL IF WE MOVE IT TO THAT SIDE.

UH, I, IT'S NOT IDEAL, BUT, UH, UH, IT'S OUT OF THE WAY.

AND YOU HAVE THE FENCING ON THIS SIDE.

UH, IF THE POOL WAS GONNA BE IN THE BACK, YOU WOULD PROBABLY HAVE IT HAVE THE SAME THING GOING ON.

SO, YES.

UH, BUT I, I DON'T THINK IT'S, UM, MY CLIENTS WOULD BE THRILLED ABOUT IT.

WANT THIS MORE QUESTION THEN, UM, CLEAR, YOU MAY NOT BE ABLE TO ANSWER IT RIGHT NOW, IN TERMS OF HOW MANY DECIBELS AND THAT

[00:25:01]

WOULD BE RUNNING 24 HOURS A DAY DURING SEASON? OR WOULD IT BE JUST TURNED ON WHILE THEY'RE UTILIZING THE POOL? I CAN'T ANSWER THAT, SIR.

OKAY.

BUT I CAN FIND OUT FOR YOU.

OKAY.

IF THE, UM, POOL WERE IN THE REAR YARD, THERE WOULD BE NO OVERSIGHT BY A BOARD ON WHERE THAT'S SITUATED.

AND WHERE IT'S SITUATED DOES NOT REQUIRE A VARIANCE.

I MEAN, WE COULD ALSO INSTALL SOUND FENCING AROUND THE POOL EQUIPMENT.

THAT WOULD BE A SANDWICH SYSTEM.

ALRIGHT.

IT WOULD BE AN UPGRADE FROM REGULAR SOLID BOARD.

SO THAT WOULD MITIGATE THE SOUND EVEN MORE.

AND I THINK MY CLIENTS WOULD BE HAPPY TO INVEST THE EXTRA MONEY TO DO THAT.

WHAT'S IT CALLED? WHAT KIND OF FENCE? IT WOULD BE A SOUND FENCE SYSTEM, WHICH IS A, A SANDWICHED SYSTEM WHERE YOU, YOU, YOU'D ACTUALLY HAVE TWO FENCES AND THEN IN THE MIDDLE A FOAM BOARD.

SO THAT WOULD GIVE YOU A, A LOT MORE SOUND ABSORPTION.

THAT MAY BE AN EASY, A GOOD COMPROMISE ALL AROUND.

OKAY.

THANK YOU.

THANK YOU.

THANK YOU VERY MUCH.

JUST AS A REMINDER, WE DELIBERATE AT THE END OF THE, THE MEETING.

UM, OKAY.

NEXT CASE ON TONIGHT'S AGENDA IS NUMBER 2232.

CAROLYN JONES, 53 RIVERVIEW AVENUE, LEY.

GOOD EVENING.

UM, UH, I HAVE BEEN A RESIDENT OF LEY UNINCORPORATED GREENBURG FOR 45 YEARS.

COULD YOU JUST STATE YOUR NAME, I'M SORRY.

FOR THE RECORD.

CAROLYN JONES, UM, RESIDENT AT 53 RIVERVIEW AVENUE, UH, ARDSLEY, WHICH IS UNINCORPORATED GREENBURG.

UM, WE HAVE, UH, AN EXISTING DECK THAT AS A CANCER PATIENT.

UM, I AM PHOTO SENSITIVE AND MY HUSBAND, WE'RE BOTH SENIORS.

SO FOR HEALTH REASONS, WE'VE DECIDED TO COVER THIS DECK BECAUSE WE'RE NOT ABLE TO ENJOY THE BACKYARD.

UM, WE BEGAN WITH REPLACING THE DECK, WHICH DESPERATELY NEEDED REPLACING.

UM, THE ONLY, UH, ADDITION TO DIMENSION WAS TO ONE SIDE OF IT BY EXTENDING IT BY TWO FEET ONTO AN EXISTING PATIO, UM, WHICH WOULD NOT CHANGE ANYTHING IN THE LANDSCAPING.

THE IDENTICAL PROPORTIONS OF THE DECK ARE REMAINING.

HOWEVER, THE PLANTS THAT WE PROVIDED YOU WITH, AND MY ARCHITECT IS ON ZOOM, SONYA, THE PLANTS THAT WE PROVIDED YOU WITH SHOW THE, UM, EXPANSION OF THE, UM, FOOTINGS, WHICH WERE NEEDED IN ORDER TO SUPPORT THE ROOF TO MAKE SURE THAT IT WAS, YOU KNOW, IT WAS, UM, RATIO AS IT IS.

UM, WE ARE THE DEAD END HOUSE ON THE STREET.

UM, OUR PROPERTY IS FLAT, GOES ALL THE WAY BACK.

UM, SO WE ARE NOT DISTURBING ANY PLANTS.

WE ARE NOT DISTURBING ANY, ANYTHING OTHER THAN REPLACING THE DECK AND PUTTING A, EXTENDING THE ROOF LINE TO, UH, PUT A PORTICO AND WINDOWED ROOM OVER IT.

IT'LL BE A THREE SEASON ROOM.

UM, I THINK THE PLANS SPEAK FOR THEMSELVES.

THEY'RE VERY, UM, DETAILED.

UM, WE HAVE HAD LIKE THREE OR FOUR REVISIONS OF THOSE PLANS JUST TO MAKE SURE THAT THEY MET WITH ALL OF THE SPECS.

WE ALSO WENT THROUGH THE WETLANDS AND ALSO THE COMMUNITY SURVEYS THAT WERE REQUIRED.

AND WE PROVIDED YOU AS A BOARD WITH ALL OF THE INFORMATION.

IT DOES NOT IMPACT AT ALL THE FRONT OF THE HOUSE.

AND AS I SAID, IT'S AN EXISTING DECK, WHICH THE BOARD, UM, WHEN WE, UH, EXPANDED THE DECK, AND I BELIEVE IT WAS 2010, THEY AGREED TO THAT, IT WAS FINE.

SO THE ONLY DIFFERENCE IS THAT WE'RE NOW ENCLOSING IT SO THAT WE'RE ABLE TO ENJOY OUR PRIVACY IN OUR YARD.

SANGIO IS ON, UH, ZOOM, I BELIEVE.

THANK YOU.

UH, MR. SANDRO, YOU CAN FEEL FREE TO UNMUTE AND, AND

[00:30:01]

PLEASE FEEL FREE TO SPEAK IF YOU LIKE REMEMBER THIS CASE.

OKAY.

I SEE YOU'RE UNMUTED.

CAN YOU SPEAK, SIR? OKAY.

IT LOOKS LIKE WE'RE HAVING SOME, UH, NO, WE CANNOT HEAR.

YOU JUST CHATTED.

UH, CANNOT HEAR.

UM, SO CONTINUE TO WORK ON THAT, PLEASE.

AND MAYBE IT MAKES SENSE FOR THE BOARD TO ASK QUESTIONS IF YOU HAVE ANY QUESTIONS FROM THE BOARD.

SO THE, THE DECK IS EXISTING AND YOU'RE JUST COVERING IT? OH, YES.

THE DESK, THE DECK IS EXISTING.

IT HAS EXISTED.

WE WENT THROUGH THE BOARD.

IT WAS AN, OR ORIGINALLY A SMALL, A SMALLER DECK.

AND IN 2010, WE, UH, WIDENED IT DEPTH WISE.

UM, WE GO RIGHT THROUGH THE DINING ROOM ONTO THE DECK.

IT'S JUST IMPOSSIBLE FOR US TO SIT OUT THERE.

THERE IS NO SHADE, THERE ARE NO TREES.

AND WE ELIMINATED ALL TREES BECAUSE WE HAD FIVE OR SIX TREES HIT THE HOUSE.

SO NOTHING ABOVE FOUR FEET AROUND THE HOUSE.

UM, SO THE DUCK IS THERE.

UM, AGAIN, OUR NEIGHBORS, UH, THE CLOSEST NEIGHBORS, THEY HAVE A, UM, THEY HAVE FENCING ALL AROUND THEIR PROPERTY.

IT'S A PRIVACY FENCE.

UM, THE NEIGHBORS DIRECTLY BEHIND US, THEY'RE, THEY ARE NOT BEHIND US.

THERE'S A HILL THAT GOES DOWN, SO IT DOES NOT AFFECT THEM.

AND WE HAVE A LOT OF DEPTH ON THE PROPERTY, SO IT WOULD NOT, AND TO YOUR KNOWLEDGE, WILL IT BE A WOODEN ROOF? WHAT TYPE OF ROOF? FLAT ROOF OR AN EXTENSION OF THE EXISTING ROOF? IT'S GOING TO BE A, UH, IT, IT'S GOING TO HOOK INTO OUR ROOF, BUT IT WILL BE A TRIANGULAR, I DON'T KNOW WHAT THE ARCHITECTURAL TERMS, SONYA WOULD BE ABLE TO GIVE YOU THAT INFORMATION, BUT I'VE WORKED CLOSELY WITH THE CONTRACTOR AND WITH THE ARCHITECTS AROUND THE DESIGN OF IT TO MAKE SURE THAT IT'S IN KEEPING WITH THE DESIGN OF THE HOUSE.

THANK YOU.

JUST, UM, JUST TO CLARIFY.

HELLO? CAN YOU HEAR ME? I'M SORRY.

YES, SIR.

WE CAN HEAR YOU.

UM, CAN YOU JUST HOLD OFF FOR ONE MOMENT? DID YOU WANT TO CUE WITH YOUR QUESTION? UM, JUST, JUST TO CLARIFICATION ON THE, UH, DEMOLITION PLAN, IT SHOWS THE EXISTING DECK IS 16 FEET WIDE AND THE CONSTRUCTION IS 19 FEET, EIGHT INCHES.

SO IT'S LESS THAN FOUR FEET LARGER, BUT IT IS LARGER ACCORDING TO THE PLANS OF WE'RE SEEING, I THINK IT'S ONLY TWO FEET LARGER ACTUALLY, BUT SONYA WOULD BE ABLE TO, TO GIVE YOU THAT.

UM, IT'S ONLY GOING OUT OVER THE EXISTING STAIRCASE , RIGHT? YEAH.

WHICH IS, UM, NO, IT LOOKS LIKE YOUR NEIGHBORS, IT'S COVERING THE SAME AS A NEIGHBOR, ONE OF YOUR NEIGHBOR'S DECKS THAT IT'S, WE DON'T HAVE NEIGHBORS THAT ARE CLOSE TO US AT ALL.

WE HAVE WHATEVER, BUT I'M SAYING ACCORDING TO THE PLANS, THAT'S THE DIFFERENCE THAT WE, THAT I SEE AS BEING WRITTEN HERE.

IF I COULD SEE WHAT YOU'RE REFERRING TO.

THE EXISTING DEMO PLAN, EXISTING DECK 16 FEET.

RIGHT.

OKAY.

AND THEN IF YOU LOOK AT THE NEXT PAGE, PROPOSED 19 EIGHT, WE'RE NOT EXTENDING OVER HERE TO THERE THIS NO, BUT THEY'RE SAYING THIS DIMENSION IS 19 EIGHT.

I THINK IT'S COMING.

IT'S 19 EIGHT FROM THE HOUSE.

THERE'S THE HOUSE.

NO, NO, THAT WOULD BE THIS DIMENSION, BUT IT'S 17 THREE FROM, FROM THE HOUSE TO HERE IS 17 THREE.

RIGHT FROM HERE TO HERE IS 19 EIGHT.

RIGHT? WELL, THIS IS ALL OUR PROPERTY.

WE ALSO NO, NO, I'M JUST, I'M JUST SAYING, SO IT'S A LITTLE DIFFICULT TO OPERATE LIKE THIS.

UM, I'M SORRY.

I THINK I DON'T HAVE A, I JUST WANTED TO CLARIFY RIGHT, THAT IT, IT'S WIDER.

RIGHT.

SO BIAM, IF YOU COULD PLEASE GO BACK TO THE PODIUM AND, UM, JUST FOR, WE HAVE THE STENOGRAPHER ON ZOOM.

I JUST WANTED SURE.

SHE PICKS UP.

I THINK SONYA WOULD BE ABLE TO GIVE YOU THE TECHNICAL.

OKAY.

OKAY, GREAT.

REQUIRE, SANDRA, WOULD YOU LIKE TO PRESENT BEFORE, BEFORE? I JUST HAVE ONE QUESTION.

OKAY.

UM, SO YOU'RE PUTTING IN A PRESEASON ROOM.

HAD YOU THOUGHT, UM, YOU SAID THE REASON FOR THIS WAS KIND OF TO GET SHADE, RIGHT? HAD YOU THOUGHT ABOUT ANY OTHER WAY TO PUT A ROOF OR, UH, LIKE AN AWNING OVER THE DECK SO YOU COULD STILL GO OUTSIDE? NO.

NO.

UM, REALLY, I HAVE REAL DIFFICULTY WITH TEMPERATURE REGULATION WITH MY BODY.

I REALLY NEED THE ENCLOSURE AT THIS POINT.

UM, IT'S, IT'S THE SUN BEATS DOWN THAT YOU CAN'T EVEN WALK ON THAT DECK BECAUSE WE GET SO MUCH SUN BECAUSE WE'RE AT A HIGH POINT.

EVERYTHING ELSE,

[00:35:01]

UH, FROM BEHIND US IS BELOW, GOES DOWN TO MCKINLEY, THAT'S WAY DOWN.

UM, AND WE HAVE, YOU KNOW, WE HAVE THE PROPERTY.

IT'S NOT, IT'S NOT INFRINGING ON ANYTHING OR ANYONE.

IT'S EXISTING NOW.

THEY'RE JUST EXPANDING IT.

THEY'RE MAKING IT A LITTLE WIDER OVER THE STEPS.

AND THEN THE STEPS THAT WILL GO DOWN, WE'LL GO RIGHT ONTO AN EXISTING PATIO.

OKAY.

THANK YOU.

OKAY.

SANDRA, DO YOU HAVE ANYTHING YOU'D LIKE TO ADD? CAN YOU HEAR ME NOW? YES.

PERFECT.

UM, YES.

UH, WELL, MY NAME IS SANDRA.

I'M, UH, SANDRA FOR, AND I WORK FOR, UH, JAMAL AND ASSOCIATES ARCHITECTS.

UM, PRETTY MUCH, UH, LIKE, UH, MY CLIENT SAID, UM, WE'RE JUST EXTENDING THE THREE SYSTEM ROOM INTO THE, UH, PATIO, EXISTING PATIO FOR PROBABLY LIKE THREE FEET PLUS MINUS.

BUT THE, UH, ACTUALLY THE WIDTH OF THE DECK, IT WILL BE PRETTY MUCH THE SAME AS THE EXISTING ONE.

SO WE ARE NOT GOING NEAR THE, UH, UM, NEIGHBORS.

UH, SO PRETTY MUCH WE ARE STAYING THE SAME LINE AS THE HOUSE.

WE'RE NOT GOING FARTHER OR CLOSER TO THE FENCE OR NEAR THE NEIGHBORS.

UH, OKAY.

THANK YOU.

SO IT'S NOT CHANGING THE DEPTH, IT'S JUST EXPANDING ON, ON ONE SIDE WHERE THE HOUSE ALREADY EXISTS AND THE PATIO ALREADY EXISTS.

WE ARE JUST EXPANDING IT BY A COUPLE OF FEET.

OKAY.

THAT'S ALL.

THANK YOU.

UM, IS THERE ANYONE ELSE HERE THAT WOULD LIKE TO COMMENT? ANYONE ELSE ON THE BOARD? OKAY.

SPEAKER JUST WOULD I, THERE'S NO SPEAKERS ON ZOOM.

OKAY.

OKAY.

I JUST WANTED TO KNOW WHEN WE WOULD BE ABLE TO, WE'LL TAKE AFTER THE, WE HEAR ALL THE CASES WE DELIBERATE AND THEN WE SHOULD HAVE A DECISION GENERALLY TONIGHT.

MA'AM, I'LL CALL YOU TOMORROW MORNING, SO YOU'LL CALL ME.

YES, I WILL TOMORROW MORNING.

THANK YOU VERY MUCH FOR YOUR ATTENTION.

YOU'RE WELCOME.

THANK, YOU'RE RIGHT.

ALRIGHT, THANK YOU.

THE NEXT CASE ON TONIGHT'S AGENDA IS NUMBER 2233.

MICHAEL AND BETH RIO.

RIO FOUR FORT HILL ROAD.

GOOD EVENING.

MEMBERS OF THE BOARD.

CAN EVERYBODY HEAR ME OKAY? YES, SIR.

EXCELLENT.

UH, MY NAME IS BILL WITT.

I AM, UH, REPRESENTING MICHAEL INVEST SICARIO OF, UM, FORT FOR HILL LANE IN SUPPORT OF THEIR APPLICATION FOR AN AREA VARIANCE.

UM, AS YOU MAY HAVE SEEN LOOKING AT THE APPLICATION, UH, THE, THE AREA VARIANCE CAME ABOUT, OR THE NEED FOR IT CAME ABOUT, UM, WHEN WE APPLIED FOR INTERIOR RENOVATION TO, UH, DO A KITCHEN REMODEL.

UH, MY CLIENTS PURCHASED THIS PROPERTY ABOUT SEVEN YEARS AGO IN 2015, AND ITS PRESENT CONDITION ON THE EXTERIOR.

THEY HAVE BUILT NO PATIOS INCREASED, DID NO INCREASE THE EXTERIOR, UH, UH, IMPERVIOUS SURFACES IN ANY WAY.

AND WE'RE JUST UNAWARE THAT THEY, UH, THEIR EXISTING PATIO WAS UNDOCUMENTED.

IT WAS BROUGHT TO OUR ATTENTION WHEN WE FILED FOR THE INTERIOR, UH, RENOVATION BUILDING PERMIT.

UM, I WAS REQUESTED, UH, VIA THE BUILDING DEPARTMENT TO, UH, ATTEMPT TO LEGALIZE.

AND IN DOING SO, WE, UH, SUBMITTED APPLICATIONS FOR STEEP SLOPE AND WETLANDS CLEARANCE FORMS, WHICH WERE ALSO PART OF THE ATION ALL BEEN APPROVED.

UH, AS YOU CAN SEE ON THE SCREEN, UH, THAT WAS PUT UP.

UH, THERE IS AN EXISTING PATIO THAT RUNS THE LENGTH OF THE HOUSE.

UH, AGAIN, IT IS EXISTING.

IT'S NOT VISIBLE FROM, UH, THE STREET.

IT'S, UH, I DOUBT VERY MUCH IT'D BE VISIBLE FROM NEIGHBORING PROPERTIES.

UH, THE PROPERTY IS WELL DRAINED, THERE'S NO STANDING WATER ON IT, SO THERE'S NO ISSUE WITH THE AMOUNT OF IMPERVIOUS SERVICE, UH, AS IT SITS NOW ON THE PROPERTY.

UM, AS I SAID, IT IS EXISTING.

UH, THEY, THIS IS CLEARLY OF NO FAULT OF THEIR OWN.

UM, I, I WOULD SUGGEST THAT, UH, YOU KNOW, APPROVING THIS VARIANCE WON'T HAVE ANY IMPACT ON THE NEIGHBORHOOD OR, UM, OR NEIGHBORHOOD PROPERTY VALUES.

AND, UM, WELL, I MEAN THAT'S, THAT'S, THAT'S GENERALLY IT.

THEY JUST WANT TO BE ABLE TO KEEP THE PATIO THAT WAS IN WITH THE HOUSE WHEN THEY PURCHASED IT, UH, SEVEN YEARS AGO.

UH, IT'S, IT'S THEIR ONLY OUTDOOR SPACE.

UM, THE ONLY THING I'D LIKE TO ADD TO MY PRESENTATION IS THAT THE, THE PROPERTY'S CURRENTLY ZONED, UH, EXCUSE ME, IN THE, UH, R 20 ZONE, ALTHOUGH THE SIZE OF THE PROPERTY IS ONLY 8,900 SQUARE FEET, IF IT WAS ZONED IN THE R 10 ZONE OR A MORE APPROPRIATE SIZE ZONE WHERE THE ALLOTMENT

[00:40:01]

OF COVERAGE WOULD BE 37%, WE WOULDN'T BE HERE ASKING FOR THIS VARIANCE.

UM, IN FACT, IF WE DIDN'T APPLY FOR AN INTERIOR RENOVATION TO DO A KITCHEN, WE WOULDN'T BE HERE ASKING FOR THIS VARIANCE.

UH, I'M JUST TRYING TO MAKE THE POINT THAT IT'S BECAUSE THE, UH, IT'S OVER ZONED OR THE, SO THE LOT IS UNDERSIZED, AS ARE MOST OF THE PROPERTIES IN THE NEIGHBORHOOD.

IT'S, UH, IT REQUIRES US TO, UH, LEGALIZE THE EXISTING PATIO.

AND, UH, I'M HAPPY TO ANSWER ANY QUESTIONS THAT THE BOARD MIGHT HAVE.

ANY QUESTIONS FROM THE BOARD? UH, YES.

WHY THE NEED TO LEGALIZE THE PATIO NOW? UM, I DON'T KNOW.

IT WAS SOMETHING THAT WAS BROUGHT TO MY ATTENTION THROUGH ANTHONY ELLI.

HE SAYS, BECAUSE IT'S EXISTING, HE MENTIONED IT WAS UNDOCUMENTED.

NO.

SO THIS HOUSE WAS BUILT IN THE, I BELIEVE, 1920S, 1930S, UH, WHERE WHEN THIS PATIO WAS PUT IN 30, 40 YEARS AGO, UM, THERE WAS EITHER NO PERMIT PROCESS OR THAT PROCESS WASN'T FOLLOWED AT THE TIME.

SO THERE'S NO INTENT TO SELL THE HOUSE, UH, AT THIS POINT? OH, NOT AT ALL.

NOT AT ALL.

IT JUST CAME ABOUT BECAUSE WE FILED AN APPLICATION TO RENOVATE THE KITCHEN.

OKAY.

AND, AND IS THERE ANY INTENT TO DO IMPROVEMENTS OR ANYTHING TO THE PATIO? UH, THERE ARE NO INTENT TO DO IMPROVEMENTS TO THE BACKYARD.

NO.

WE, WE NEVER PROPOSED AN ADDITION.

THERE WAS NO INCREASE IN THIS IMPERVIOUS COVERAGE THAT WE WERE PROPOSING AT THE TIME OF THE INTERIOR RENOVATION.

WE JUST WANT TO MAINTAIN USE OF IT.

IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO COMMENT? OH, I'LL JUST ASK, DID YOU GET ANY, UM, FEEDBACK FROM YOUR NEIGHBORS ABOUT THIS VARIANCE REQUEST? HI, I'M BETH SICARIO.

NO, I DID NOT.

OKAY.

OKAY.

OKAY.

WELL, WITH THAT, THANK YOU.

NO SPEAKERS ON ZOOM.

OKAY.

THANK YOU FOR YOUR CONSIDERATION.

THANK YOU.

HAVE A GOOD NIGHT.

OKAY.

NEXT, NEXT ON THE AGENDA IS CASE NUMBER 2234, SAYING, WHO KNEW 11 SCARSDALE FARM ROAD.

UH, HELLO.

GOOD EVENING.

CAN EVERYONE HEAR ME? YES.

YES, SIR.

WE CAN HEAR YOU PLEASE.

HI, UH, FOR THE RECORD, UH, BRIAN HILDENBRAND.

I AM THE, UH, CIVIL ENGINEER FOR THIS PROJECT, AND I'M JOINED TONIGHT, UH, IN PERSON WITH THE OWNER, MR. SAM YU.

UM, SO WE HAVE A, I THINK, A RELATIVELY SIMPLE APPLICATION.

UM, I CAN EITHER SHARE MY SCREEN OR IF, UH, YES, FEEL FREE TO SHARE YOUR SCREEN, SIR.

OKAY.

IS THE SITE PLAN VISIBLE? YES, WE CAN SEE IT.

OKAY.

SO, UH, THIS, THE, WE'RE HERE TONIGHT FOR A VARIANCE, UH, A DRIVEWAY VARIANCE.

UM, WE ARE, WE'RE NOTIFIED THAT WE NEEDED A VARIANCE WHEN, UM, FROM THE BUILDING DEPARTMENT THAT WE HAVE A 16 FOOT SIDE YARD SETBACK TO DRIVEWAYS OR PARKING.

UM, OUR EXISTING DRIVEWAY IS ALREADY CLOSER.

IT'S JUST UNDER SEVEN FEET.

UM, AND WHAT WE WERE PROPOSING TO DO WAS TO RESHAPE THE DRIVEWAY, THE PARKING AREA.

UM, THE EXISTING APRON IS A LITTLE AWKWARDLY SHAPED NOW.

UM, ALL WE WERE TRYING TO DO WAS JUST SQUARE IT OFF.

UM, FILL IN THIS, THIS HAMMERHEAD AND, AND EXTEND THE DRIVEWAY ABOUT FIVE FEET.

UM, THIS WOULD ALLOW, UM, A CAR TO BE PARKED AND ALSO ALLOW A CAR TO USE THE DRIVEWAY, JUST ALLOW FOR BETTER MANEUVERABILITY.

UM, THE, THIS WAS PART OF A BIGGER PROJECT, UM, THAT INVOLVED THE REAR PATIO.

SO THE STORMWATER, UM, ANY INCREASE IN IMPERVIOUS WAS ALREADY APPROVED BY THE ENGINEERING DEPARTMENT.

UM, WE'RE OFFSETTING OUR RUNOFF, UM, THROUGH INFILTRATION, UH, A NEW INFILTRATION SYSTEM.

SO WE DON'T THINK THERE'LL BE ANY STORMWATER IMPACTS.

UM, WE DO HAVE PHOTOS WHICH HELP.

UM, ARE THE PHOTOS VISIBLE? YES.

OKAY.

UM, SO THIS IS LOOKING DOWN THE APPLICANT'S DRIVEWAY.

THIS IS ALL WE'RE TALKING ABOUT IS JUST SQUARING OFF THIS GRASS AREA AND EXTENDING THE DRIVEWAY.

UH, IT'S IN KEEPING WITH THE NEIGHBOR'S DRIVEWAY.

UM, I BELIEVE THE OWNER WAS GOING TO REACH OUT TO THE NEIGHBORS.

I DON'T KNOW IF YOU CAN SPEAK TO THAT TONIGHT, IF THEY HAD ANY SUPPORT OR OBJECTIONS, BUT, UM,

[00:45:02]

ALL IN ALL, THAT IS, THAT IS WHY WE'RE HERE TONIGHT, TOUCHING EACH OTHER.

UH, SO THE, UH, I'M SORRY.

THE, THE EXISTING, UH, DRIVEWAY IS ALREADY NON-CONFORMING? UH, CORRECT.

YEAH.

IT'S THE, THE, THE DRIVE AISLE.

OKAY.

SO IT'S NOT CONFORMING.

SO ONLY, ONLY REASON WHY YOU'RE, UH, TRYING TO LEGALIZE THAT IS BECAUSE OF THE EXPANSION OF THE DRIVEWAY ITSELF.

EXACTLY.

WE'RE NOT INCREASING, OR, YOU KNOW, WE'RE NOT GOING ANY CLOSER TO THE PROPERTY LINE.

BUT SINCE THE DRIVEWAY IS ALREADY NONCONFORMING, IT TRIGGERED THE NEED FOR A VARIANCE.

OKAY.

I'M SORRY, INTERRUPT.

NO, NO, NO WORRIES.

UH, UH, UH, GOOD EVENING.

UH, MY NAME IS, UH, SAM YU.

MY LEGAL NAME IS, UH, NU I'M THE OWNER OF THE PROPERTY THAT BRIAN, UH, JUST WALKED THROUGH.

UH, THE PROPERTY WAS BUILT IN 1964, I BELIEVE, UH, AS PART OF THE ORIGINAL SITE PLAN FOR SCARSDALE FARM.

UM, SO I BELIEVE THAT DRIVEWAY HAS BEEN IN EXISTENCE FOR 60, ALMOST 60 YEARS.

UM, SO WE PURCHASED THE PROPERTY IN 2019.

UM, WE'VE DONE ALL THE PERMITS REQUIRED FOR RENOVATION, FOR THE PATIO EXPANSION.

NOW, THE DRIVEWAY, UM, THE, THE, ONE OF THE KEY REASONS FOR DOING THE DRIVEWAY WAS THERE'S A SINKHOLE.

IT'S HARD TO SEE ON THE PICTURES, BUT IN BETWEEN, UH, OUR HOUSE AND OUR NEIGHBOR'S HOUSE WHERE THE DRIVEWAY IS, THERE'S ACTUALLY A DIP AND IT'S GETTING BIGGER.

SO WE NEED TO REMEDIATE THAT.

AND AS PART OF THAT, WE FIGURED WE MIGHT AS WELL EXTEND IT A LITTLE BIT INTO OUR PROPERTY AND NOT, WE'RE NOT GOING WIDER.

UH, OUR NEIGHBOR'S DRIVEWAY IS ABOUT THE SAME DISTANCE FROM THE PROPERTY LINE AS OURS, AND IT ACTUALLY GOES DEEPER, UH, INTO THEIR PROPERTY THAN OURS WOULD.

SO IT'S PROBABLY A DIFFERENCE OF A FEW FEET.

IF I THINK THAT PICTURE MIGHT SHOW IT WELL, WELL, MAYBE NOT MM-HMM.

.

UM, BUT WE'RE, IT'S NOT A VERY LARGE EXPANSION.

BUT, UM, YOU KNOW, I, YOUNG KIDS AT SOME POINT, THEY'LL BE DRIVING, WE PLAN TO STAY IN THIS HOME UNTIL THEY'RE OUTTA THE H OUT THE HOUSE.

WE'LL SEE IF WE STAY.

UM, AND, UM, THAT'S WHY WE'RE HERE.

UM, THE, THE, THE VARIANCE OR THE, UM, WHATEVER YOU CALL IT, THE, THE ISSUE OF THE SETBACK WASN'T RAISED.

WE STARTED THE PROCESS IN APRIL, OR MAYBE EVEN, YEAH, APRIL OF THIS YEAR.

WE WERE TOLD WE NEEDED AN ENGINEER.

WE GOT AN ENGINEER, WE PUT ALL THE PLANS IN, FINALLY GOT THE PATIO APPROVED.

AND THEN IT WAS, OH, BY THE WAY, THE DRIVEWAY NEEDS A VARIANCE.

SO, UM, WE UNDERSTAND THERE'S RULES AND ZONING, UH, BOARD REGULATIONS.

WE DID SPEAK TO OUR NEIGHBOR.

UH, THEY DID NOT HAVE ANY ISSUES WITH EXTENDING OUR DRIVEWAY INTO OUR PROPERTY AND WITHOUT, AND NOT MAKING IT WIDER TOWARDS THEIR PROPERTY.

WE ARE MAKING IT WIDER INTO OUR PROPERTY BECAUSE THERE'S JUST KIND OF A LITTLE BIT OF DEAD SPACE.

SO THAT WILL KIND OF MEET WITH THE PATIO.

SO THERE'S A NICE LITTLE TRANSITION AS YOU GO OUT OF THE CAR INTO THE BACKYARD BOARD.

HAVE ANY QUESTIONS? YEAH.

DID YOU, UM, CONSIDER USING, UM, PERMEABLE SURFACE IN THE EXPANSION INSTEAD OF JUST MORE ASPHALT? UH, NO.

UH, THAT, THAT HASN'T BEEN RAISED AS, UH, I DON'T THINK WE HAVE A DRAINAGE ISSUE THERE.

WE, THERE'S AN EXISTING, UH, DRAIN IN FRONT OF THE GARAGE WHERE, UM, IT'S PROBABLY ABOUT EIGHT TO 10 INCHES WIDE.

IT'S, IT'S ACTUALLY A PRETTY DECENT DRAIN.

IT'S, UH, IRON OR STEEL.

IT'S, IT'S METAL WITH METAL GRATE.

YOU CAN LIFT IT AND CLEAR GRASS.

I'M NOT SURE WHERE IT DRAINS TO, FRANKLY, BECAUSE WE DIDN'T PUT IT IN THERE.

UH, AND SPEAKING WITH BRIAN AND TOWN ENGINEER, UH, I THINK THE VIEW IS THERE'S PLENTY OF DRAINAGE FOR THAT.

PLUS THE FACT THAT WE ADDED A, UH, DRY WELL FOR THE PATIO EXPANSION.

YEAH.

IMPERVIOUS SURFACE PERCENTAGE ISN'T, YEAH.

PART OF THE APPLICATION.

ANYWAY.

UM, IS THERE ANYONE IN THE AUDIENCE OR ON ZOOM THAT WOULD LIKE TO COMMENT ON THIS? ALL RIGHT, THANK YOU.

WITH THAT, WE WILL, UH, OKAY.

HAVE A GOOD EVENING.

THANK YOU VERY MUCH.

THE NEXT MATTER ON TONIGHT'S AGENDA IS CASE NUMBER 2235 KIN AND PAULINE LEE, 3 0 5 NORTH CLAYTON ROAD IN SCARSDALE.

GOOD EVENING,

[00:50:01]

MADAM CHAIR.

UH, MEMBERS OF THE BOARD.

UM, MY NAME IS BOB BERNSTEIN.

I'M AN ATTORNEY REPRESENTING, UH, MS. LEE, WHO IS, UH, SITTING HERE WITH ME.

UH, WHAT THIS IS, IS, UH, AN APPLICATION SOMEWHAT SIMILAR TO THE ONE YOU JUST HEARD.

UH, IT'S TO, FOR VARIANCE TO, UH, EXPAND THE WIDTH OF A DRIVEWAY, UH, FROM, UH, 30 FEET TO 36.3 FEET, UH, AND ALSO TO LEGALIZE THE 11 FOOT SETBACK.

THE 11 FOOT SETBACK, UH, WAS, UM, WHERE THE DRIVEWAY HAD BEEN SITUATED, GOING BACK TO 1935.

THIS IS AN R 30 ZONE.

SO THE SETBACK IS NORMALLY 18 FEET.

BUT, UH, THIS HOUSE GOING BACK TO 1935, HAS ALWAYS HAD 11 FEET.

UH, AS THE SETBACK ADJACENT TO THAT IS A VACANT LOT THAT IS ABOUT 55 FEET WIDE.

UM, AND SO TO THE EYE, UH, BECAUSE IT'S A VACANT LOT, UH, PEOPLE WOULDN'T NECESSARILY KNOW THAT, UH, THE PRO WHERE THE PROPERTY LINE IS.

SO, WHEN, UH, MS. LEE PURCHASED THIS PROPERTY A FEW YEARS AGO, UH, AND, UH, TORE DOWN THE HOUSE AND BUILT A NEW HOUSE, UH, THEY KEPT THE DRIVEWAY LOCATION WHERE IT WAS.

AND WHEN THE BUILDER, UH, BUILT THE DRIVEWAY, RATHER THAN, UH, CONTINUE THE 11 FOOT SETBACK UP TO THE GARAGE, UH, HE LAID IT OUT IN A STRAIGHT LINE, 90 DEGREES PERPENDICULAR.

AND AS A RESULT, BECAUSE THE PROPERTY LINE CURVED WAS AT A DIFFERENT DEGREE, INSTEAD OF IT BEING 11 FEET, UH, AT THE AREA OF THE GARAGE, IT WAS MORE LIKE SEVEN FEET.

SO WHEN, UH, THE LEASE SOUGHT TO, UH, UM, GET THEIR CERTIFICATE OF OCCUPANCY HAVING COMPLETED THEIR HOME, UH, THEY WERE INFORMED BY THE BUILDING DEPARTMENT THAT, UH, THIS WAS, UH, UH, THE DRIVEWAY WIDTH WAS TOO WIDE, THAT THEY WOULD NEED BOTH A VARIANCE FOR THE SETBACK, UH, OF 11 FEET, UH, GOING DOWN TO SEVEN.

AND THEY WOULD NEED TO HAVE A VARIANCE FOR THE DRIVEWAY WIDTH BECAUSE, UH, IF IT WAS TO REMAIN WHERE IT WAS BUILT, IT WOULD BE A 40 FOOT DRIVEWAY WIDTH RATHER THAN 30 FEET.

SO WE TOOK A LOOK AT THAT, AND WE ASKED THE QUESTION, DO WE REALLY NEED 40 FEET AND CAN'T WE REALLY JUST LIVE WITH THE 11 FOOT SETBACK THAT HAD ALWAYS BEEN THERE? AND SO AN AGREEMENT WAS MADE THAT THE LEASE WOULD, UH, UH, HAVE THAT PORTION OF THEIR DRIVEWAY RECONSTRUCTED.

THEY'RE GOING TO MOVE THE DRIVEWAY SO THAT, UH, THE PORTION THAT IS CLOSEST TO THE GARAGE IS CONSISTENT WITH THE 11 FOOT SETBACK FROM, FROM THE STREET UP TO THE, UH, TO THE, TO THE GARAGE LEVEL.

UH, THAT REDUCES THE AMOUNT OF THE OVERAGE ON THE DRIVEWAY WIDTH TO, UH, AT THAT AREA FROM 40 FEET TO 36.3 FEET.

UH, THE REASON FOR THE OVERAGE, OR THE, THE INCREASE IS LARGELY DRIVEN BY, UH, THE FACT THAT, UH, THERE IS, UM, UH, IN THAT PORTION OF CLAYTON ROAD, THERE IS A, UM, A SWALE OR A, A DRAINAGE DITCH THAT, UH, EXISTS ONLY THERE, BY THE WAY, ONLY IN FRONT OF THEIR HOUSE.

AND ALONG THAT DRAINAGE DITCH, WHICH MAKES IT IMPOSSIBLE OR UNSAFE, I SHOULD SAY.

IT'S NOT IMPOSSIBLE, BUT IT'S UNSAFE TO, UH, HAVE OFF STREET PARKING, EXCUSE ME, ON STREETE PARKING IN FRONT OF THEIR HOUSE.

SO THE IDEA OF HAVING THE ADDITIONAL OVERSIZED, UH, DRIVEWAY BY THE SIX FEET BY THE GARAGE IS REALLY TO ACCOMMODATE, UH, PARKING THAT OTHERWISE CAN'T BE ACCOMMODATED IN FRONT OF THEIR HOUSE.

UH, AND THAT'S THE, THE, THE REASON FOR IT.

UM, THE NOTICES WERE GIVEN TO NEIGHBORS, OF COURSE.

UH, I, I ALSO REPRESENT THE CHOWS WHO OWN THE PROPERTY ADJACENT.

THEY HAVE NO OBJECTION.

UH, AND, UH, UH, I THINK I'VE ANSWERED THE, I THINK I'VE ADDRESSED THE, THE, THE ESSENCE OF THE APPLICATION.

DO, DO ANY OF YOU HAVE ANY QUESTIONS? QUESTIONS? SORRY.

I, I'M, I AM USUALLY PRETTY GOOD AT READING PLANS, AND I HAVE A LOT OF TROUBLE WITH THIS ONE, SO PLEASE HELP ME A LITTLE BIT.

I SEE WHERE YOU'RE GETTING RID OF A CURB, WHICH IT'S UNUSUAL, BUT I, AND, AND YOU'RE STRAIGHTENING OUT THAT LINE.

I'M NOT SURE WHERE YOU'RE ADDING.

OH, IT'S, WHAT IT IS, IS THE, THE, THE CURB WAS PUT IN BY THE BUILDER WHEN THEY WERE RENOVATING THE HOUSE.

RIGHT.

AND, AND THEN WE'RE MOVING THAT I, I SEE THAT, AND I SEE THE STRAIGHT LINE FOR 11 FEET.

BUT ARE YOU MAKING IT DEEPER INTO THE PROPERTY OR NO,

[00:55:01]

THE, THE, WHEN YOU DO THAT, WHEN YOU, UH, CORRECT THE SIDE SETBACK SO THAT IT'S 11 FEET ALL THE WAY THROUGH, YOU END UP WITH A DRIVEWAY AT THAT AREA THAT INSTEAD OF IT BEING 30 AS REQUIRED, IT'S REALLY 36.3.

SO THAT'S NONCONFORMING.

AND YOU NEED A VARIANCE FOR THAT.

IT'S NOT EXPANDING IT, IT'S JUST SAYING, LOOK, UM, YOU'RE GONNA NEED A VARIANCE IF YOU'RE GONNA HAVE A DRIVEWAY THAT WIDTH AT THAT LOCATION.

NOW, I SHOULD SAY THAT, UM, IN DOING THAT, BEFORE WE COULD SUBMIT THIS PLAN, WHICH WENT THROUGH ELLIOT AND LICENSED PROFESSIONAL ENGINEER, ELLIOT HAD TO CERTIFY THAT THERE IS NO IMPERVIOUS SURFACE ISSUES, NO DRAINAGE ISSUES.

UH, AND, AND, UH, UH, HE HAD TO DO THE CALCULATIONS AND SATISFY THE ENGINEERING DEPARTMENT THAT THERE WERE NO ISSUES THERE.

UH, WHICH IS NOT SURPRISING BECAUSE THEY DID THIS, UH, UH, DRAINAGE, UH, STORMWATER MITIGATION PLAN WHEN THE ORIGINAL PLANS TO RENOVATE THE HOUSE, UH, WERE FIRST DONE A COUPLE YEARS AGO.

IT'S, UH, WELL, BOB, I I'M GLAD THAT SHAUNA ASKED YOU THAT QUESTION BECAUSE I WAS HAVING A HARD TIME UNDERSTANDING IT AS WELL.

SURE.

AND, UM, AND I KNOW HOW TO READ PLANTS.

IT'S OUT TO HERE.

SO, AND I THINK IT'S HERE.

SO I CAN SEE NOW WHERE YOU'RE, UM, SETTING THE 11 FOOT SETBACK ALL THE WAY BACK.

YES.

WHY DOES THAT NOW MAKE IT WIDER? IT DOESN'T MAKE IT WIDER LINES TO THE LEFT OF THAT.

WE'RE NOT SAYING THAT'S WHERE THE EXISTING CURB WAS.

CORRECT.

THE EXISTING CURB WAS INSTALLED TWO YEARS AGO, AND WHEN YOU INSTALLED IT, WHEN THEY INSTALLED IT, IT RESULTED IN A DRIVEWAY.

HAD IT BEEN PAVED, THEY DIDN'T PAVE IT, BUT HAD IT, HAD IT BEEN PAVED, IT WOULD'VE BEEN SEVEN FEET FROM THE SETBACK RATHER THAN 11.

SO WHERE, MOVING IT BACK TO WHERE IT SHOULD HAVE BEEN 11, UH, AND THE PROBLEM IS THAT EVEN AT 11 FEET, THE DRIVEWAY IS STILL TOO BIG.

AND SO BECAUSE IT'S TOO BIG, UM, WE'RE SEEKING A VARIANCE TO LEGALIZE IT SO THEY CAN ENJOY THE DRIVEWAY, ALBEIT CUT BACK FROM WHERE IT WAS ORIGINALLY, BUT STILL TOO BIG, BUT IT'S STILL TOO BIG.

SO BECAUSE IT'S TOO BIG, WE NEED A VARIANCE.

MY THING WAS, SO IT IS SMALLER, BUT IT'S STILL NONCONFORMING BIG.

EXACTLY.

OKAY.

AND THAT'S, THIS IS RATHER CRUDE, BUT ON THE SCREEN I DREW A, THE TRIANGLE THAT'S ESSENTIALLY COMING OUT.

SO THEY'RE, THEY'RE RENDERING A NON-CONFORMING SITUATION, LESS NON-CONFORMING.

EXACTLY.

TWO IN TWO RESPECTS, GO.

THAT'S, THAT'S THE POINT THAT DIDN'T COME ACROSS.

I APOLOGIZE, BUT THAT'S EXACTLY WHAT WE'RE TRYING TO DO.

WE, YOU KNOW, WE RECOGNIZE THAT WHEN SEEKING A VARIANCE, YOU ONLY SEEK THE, THE, THE, THE MINIMUM YOU NEED, NOT THE MAXIMUM YOU CAN GET AWAY WITH, BUT THE MINIMUM YOU NEED, AND THIS IS, UH, THROUGH DISCUSSIONS WITH TOWN STAFF, THIS, WE FELT WAS THE MINIMUM NEEDED TO ACCOMPLISH WHAT NEEDS TO BE ACCOMPLISHED.

AND THE OWNER WAS, UH, YOU KNOW, WILLING TO, WANTS TO DO EVERYTHING SHE CAN TO COOPERATE.

UH, THERE HAVE BEEN OTHER ISSUES THAT HAVE BEEN ADDRESSED, UH, WITH TOWN STAFF TO GET THIS PROPERTY READY FOR A C OF O.

THIS IS THE LAST REMAINING HURDLE, AND THAT'S WHY WE'RE HERE.

OKAY.

OKAY.

GOT IT.

ANY OTHER QUESTIONS OR ANYTHING? ALRIGHT, THANK, IS THERE ANYONE IN THE AUDIENCE OR ON ZOOM THAT WOULD LIKE TO NO.

OKAY.

THANK YOU.

OKAY.

THANK YOU.

YOU'RE ABSOLUTELY, SOME OF THESE ARE STRAIGHTFORWARD.

OKAY.

MOVING RIGHT ALONG.

THE NEXT CASE ON TONIGHT'S AGENDA IS NUMBER 2236 TERRANCE GALLAGHER, 1000 DOBBS FERRY ROAD.

UH, GOOD EVENING.

MY NAME IS JOHN POWER.

I'M THE ARCHITECT FOR THE GALLAGHERS.

UH, GOOD EVENING TO THE BOARD.

A LITTLE OUT OF PRACTICE, OUT OF MY LITTLE HAMLET AND CROTON ON HUDSON, WHERE I DO MOST OF MY, UH, WORK.

UM, THIS, UH, PROJECT HAS TWO KIND OF ASPECTS OF IT.

UH, AREA OF, UH, THE SITE PLAN SHOWING A, UH, DRAWING A ONE, UH, IS, UH, THERE'S A DEFINITION THAT COMPLIES PERFECTLY WITH THE, UH, ZONING REGULATIONS.

IT'S WHAT IS BEING REBUILT OF THE EXISTING HOME, THAT THAT DOESN'T, UM, AS YOU CAN SEE, AREA WORK NUMBER ONE, AND IT'S ON THE PLAN THERE TOWARD THE TOP THERE.

AND ALSO IN PHOTOGRAPHS, WHICH WE'LL SHOW LATER ON, UH, IT'S AN EXISTING, UM, SCREENED IN PORCH.

UH, THIS HOUSE IS BUILT IN 1939, AND, UH, AS YOU CAN SEE, THE, UH,

[01:00:02]

THE, WHERE THAT PORCH WAS BUILT, THE FOOTPRINT, UH, IS JUST SHORT OF THE 12 FOOT SIDE YARD SETBACK.

UM, SO, BUT THE, THE PORCH ITSELF IS STRUCTURALLY UNSTABLE.

UH, THE PHOTOGRAPHS, UH, I THINK MY LAST PAGE IN THE NARRATIVE SHOW, UM, THAT THE, UH, THE SUPPORT OF THAT PORCH WAS, WHICH IS ON THE FIRST FLOOR OF THE RESIDENCE, UH, THERE IS A SLOPE TO THIS SITE AND, UH, IS SUPPORTED BY VERY SLENDER BRICK PIERS.

AND BECAUSE OF THE RETAINING WALL THAT IS SUPPORTING THE WALL OF THIS PORCH, UH, THAT'S ON THE DOBBS FERRY ROADSIDE KIND OF MIDPOINT OF THE HOUSE, THAT THAT RETAINING WALL IS STARTING TO FAIL.

SO THIS PORCH HAS BECOME UNSTABLE.

UM, THE PORCH ITSELF IS A FRAME STRUCTURE, BUT BELOW THAT FIRST FLOOR, IT'S ALL BRICK PIERS, VERY TALL, AS YOU CAN SEE, VERY SLENDER, VERY TALL.

UM, SO THE PROJECT INVOLVED, UH, TO REBUILD THIS PORCH, BUT TO IMPROVE IT TO THE POINT OF MAKING IT A THREE SEASON PORCH AND TO HAVE A MORE STABLE FOUNDATION TO IT, TO ENCLOSE, UH, THE LEVEL BELOW, WHICH IS REALLY AT THE BASEMENT LEVEL.

AND TO INCREASE IT, UH, THE FOOTPRINT, UH, OR FLOOR, FLOOR SPACE ON THE BASEMENT LEVEL TO PRO, UH, TO, UH, UH, PROVIDE A, UH, HOME GYM, A SMALL HOME GYM UNDERNEATH THE PORCH.

UM, SO THE, BASICALLY THE VARIANCE IS, IS ALL ABOUT, WELL, TWO, TWO THINGS IS THE FACT THAT THIS IS FOOTPRINT IS NOT GETTING ANY LARGER, IT'S JUST MATCHING EXACTLY THE SAME FOOTPRINT THAT EXISTS NOW.

AND LIKE I SAID, THE, THE HOME BUILD AT, AT A POINT 1939, UH, THE OTHER SIDE OF THE HOUSE, WHICH IS THE OTHER VARIANCE THAT'S BEING REQUIRED, IS THE ADDITIONAL TWO, THE SIDE YARDS, THE BOTH SIDES ADDITIONAL.

AND THAT SHOWS, UH, THAT SIDE OF THE HOME THERE IS ONLY 10 FOOT TWO.

UH, SO YOU, WHEN YOU ADD THAT UP, IT COMES SHORT OF THE 26 FEET THAT'S REQUIRED.

SO THERE'S NO ADDITIONS BEING, OR IMPROVEMENTS BEING DONE TO THAT SIDE OF THE HOME, WHICH IS THE DRIVE WHERE THE DRIVEWAY IS.

UM, IT'S ALL ABOUT, ALL ABOUT THIS PORCH.

UH, THE PORCH WILL NOT BE ANY TALLER.

UH, IT'LL HAVE A SHINGLE ROOF AS THE EXISTING PORCH DOES, BUT IT WILL BE ENCLOSED WITH DOUBLE HUNG WINDOWS AROUND OFFERING, YOU KNOW, UH, THE FEELING OF HAVING A SCREENED IN PORCH DURING THE, YOU KNOW, DURING THE SUMMER AND SPRING AND FALL.

BUT BEING ABLE TO, YOU KNOW, CLOSE THE WINDOWS AND HAVE A, YOU KNOW, A CONTROLLED, UH, CONTROLLED SPACE THERE.

SO THAT'S BASICALLY, THANK YOU.

UM, QUESTIONS? QUESTIONS FROM THE BOARD? NO.

YEAH, NO.

YEAH, I GUESS I'M, I'M JUST A LITTLE CONFUSED, SO IF I COULD HELP ME, UM, THERE'S A FOUR FOOT, TWO INCH CHANGE.

YOU'RE SAYING THAT THE FOOTPRINT DOESN'T CHANGE AT ALL OF THE, OF THE DECK, THE FOUR FOOT, TWO VARIANCE IS THIS THE BOTH SIDES TOGETHER? SO BOTH SIDES TOGETHER NEED TO BE 26 FEET.

SO WHEN YOU ADD 10 FOOT, 10 FOOT TWO ON THE OTHER SIDE OF THE HOUSE AND ADD THAT TO 11 FOOT EIGHT, YOU'RE COMING UP FOUR POINT, WELL, FOUR, FOUR FOOT TWO OR 4.17 FEET SHORT.

OKAY.

AND THIS IS, THIS PROBABLY MY OWN IGNORANCE, BUT I NOTICED THAT THERE'S NO, UM, VARIANCE REQUESTS OR ANY OTHER REQUESTS FOR THE POOL IN THE GYM.

THOSE ARE AS OF RIGHT.

IS THAT WHY THEY'RE NOT MENTIONED? WELL, THE, THE DECK ITSELF OR THE POOL? THE POOL.

WELL, THE POOL, THE TWO LEVEL DECK, WHICH THERE WILL BE A SMALL EXERCISE POOL, UH, IS, IS, YOU KNOW, WITHIN THE BUILDABLE AREA WITHOUT A PROBLEM.

OKAY.

AND THE OPEN DECK AS WELL.

AND THE OPEN DECK.

YES.

OKAY.

UH, THAT THOSE, BOTH LEVELS OF THOSE DECKS ARE PERVIOUS.

IT'S A DECKING THAT HAS THE GAPS.

SO, YOU KNOW, WE'VE GONE THROUGH THIS WITH THE, UH, YOU KNOW, CONSERVATION C A C BOARD AND SUCH.

UM, AND AS MENTIONED BEFORE, THIS IS A VERY SMALL, IT'S ONE OF THOSE, UH, CURRENT POOLS OR ENDLESS POOLS.

SO, UM, IT DOESN'T HAVE THE VOLUME OF, OF A, UH, A BUILT-IN, UH, YOU KNOW, INGROUND POOL

[01:05:02]

AND THE WATER CAN BE TRUCKED OFFSITE VERY, VERY EASILY.

IT'S A LARGE BATHTUB.

THAT'S NICE.

UM, IS THERE ANYONE IN THE AUDIENCE OR ON ZOOM THAT IS LIKE, TO SPEAK WOULD BE HEARD? AND I TAKE IT YOU HAVEN'T HAD ANY OBJECTION FROM NEIGHBORS ABOUT THIS? OH NO.

JUST MAKE SURE.

STATE YOUR NAME.

TERENCE GALLAGHER.

WE DID SPEAK TO A COUPLE OF THE NEIGHBORS ABOUT THIS, AND NO ONE'S RAISED ANY OBJECTION.

THANK YOU.

ANY OTHER QUESTIONS? ALL RIGHT, THANK YOU.

THANK YOU.

THANK YOU.

OKAY.

NEXT ON THE AGENDA IS CASE NUMBER 2237 TERRYTOWN ROAD PARTNERS AT TWO 12 TERRYTOWN ROAD.

GOOD EVENING.

JONATHAN ANI REPRESENTING ZIADA VALANI DESIGN CONSULTANTS FOR, UH, 2 1 2 TERRYTOWN ROAD PARTNERS.

UH, THE PROJECT IS LOCATED AT 2 1 2 TERRYTOWN ROAD.

WE, UH, MY FIRM AS WELL AS, UM, MY CONTRACTING FIRM DID A EXTENSIVE RENOVATION TO 2 1 2 TERRYTOWN ROAD, WHICH INCLUDED A, A CANOPY STRUCTURE THAT THAT GOT APPROVED, UH, WAY BACK IN 2018 19.

AT THAT TIME, VENDORS WEREN'T CHOSEN TO, UH, TO REPRESENT THE STATION.

UH, THEY EVENTUALLY HAD BP, UM, AND BP WASN'T AWARE OF THE SIGNAGE CODE REPRESENTED THE LOCAL ZONING ORDINANCE.

UM, SO THEY HAVE PRESENTLY, UM, AND IT'S SITUATED WHERE THE CANOPY IS EXPOSED TO HILLSIDE AVENUE AS WELL AS TARRYTOWN ROAD.

AND TARRYTOWN ROAD IS EXPOSED ON TWO, UM, FASCIA BOARDS THAT YOU CAN ACTUALLY VISUALIZE THE, UM, CANOPY.

SO THEY PUT, NOT EVEN THIS, THE SIGNS DO NOT HAVE, UM, LETTERING.

IT'S JUST THE, THE ACTUAL BP BURST, UM, THAT'S ON THREE FASCIA BOARDS INSTEAD OF TWO.

IT WAS, UH, MENTIONED, UH, ANNOUNCED TO ME THAT UH, THEY WEREN'T ALLOWED TO HAVE THREE, THEY WOULD'VE TO HAVE TWO, UM, EVEN THOUGH IT DOESN'T HAVE A LETTERING ON IT.

SO IT REPRESENTS THE BP STATION, BUT THEY DIDN'T PUT A BP SIGN, JUST THE SUNBURST.

SO WE'RE HERE AFTER THE FACT AND, UH, TO REQUEST PERMISSION TO HAVE THAT THIRD SUNBURST SYMBOL ON THE FASCIA BOARD THAT FACES TARRYTOWN ROAD.

SO IT'S JUST THE LOGO.

IT'S JUST THE LOGO.

IT'S NO LETTERING.

SO WHAT WAS CONFUSING ME WHEN I WAS LOOKING AT THE, UH, PLAN WAS THAT ON ONE PLAN IT SAYS THE THIRD BP SIGN IS BEING PROPOSED ON THE SOUTH ELEVATION OF THE CANOPY.

THAT'S THE ONE FACING HILLSIDE ONE 19 ROAD.

WELL, THERE'S TWO FA TARRYTOWN ROAD.

YEAH, WELL THERE'S TWO FASS THAT FACE TARRYTOWN ROAD BECAUSE THE CAR WASH THAT'S YES, SIR.

PRESENTLY ADJACENT TO THE, THE SUBJECT PROPERTY IS SET BACK.

SO YOU CAN ACTUALLY SEE TWO FASCIAS ON TARRYTOWN ROAD, WHICH IS REPRESENTED IN THAT PICTURE THERE.

THAT'S FROM, SO THAT'S NO, ACTUALLY FROM THE HILLSIDE AVENUE SIDE, IF YOU LOOK ON THE OTHER SIDE, THERE'S TWO FASCIAS.

SO ORIGINALLY THE, UM, WHEN I SUBMITTED THE DRAWINGS, THE ONE THAT'S DIRECTLY PARALLEL WITH TARRYTOWN ROAD, AS YOU CAN SEE, WE, THAT WAS DEEMED AS THE ONE WE WERE APPLYING FOR THE VARIANCE FOR.

BUT THEN AFTER THE PLANS WERE REVIEWED, IT WAS ANNOUNCED TO ME THAT WE HAD TO ACTUALLY REVERSE THAT.

AND THE ONE THAT'S PARALLEL TO TARRYTOWN ROAD IS ALLOWABLE.

IT'S THE ONE THAT FACES THE CAR WASH THOUGH.

I HAD TO THEN AMEND THE DRAWINGS TO SAY THAT THE ONE THAT FACES THE CAR WASH, WHICH FACES THE CAR WASH AS WELL AS TARRYTOWN ROAD WOULD HAVE TO BE APPLIED FOR.

SO THE NOTE AT THE BOTTOM ONE OF THESE NOTES IS WRONG, I GUESS IS WHAT YOU'RE SAYING? YEAH.

SO JUST TO CLARIFY, UM, I MAY, I MAY NOT HAVE THE MOST RECENT PLAN, BUT, SO IF WE CAN JUST FOLLOW ON THE SCREEN AND GO WITH MY MARKER.

SO THIS FACES HILLSIDE AVENUE? THAT'S HILLSIDE AVENUE.

THERE'S AN, EM, THERE'S, THERE'S AN EMBLEM ON THAT SIDE.

CORRECT.

THIS FACE IS TARRYTOWN ROAD, WHICH IN ONE 19, WHICH YOU'RE IN YOUR PHOTO, IF YOU LOOK AT THE PHOTO YEAH.

IS THE ONE THAT'S WAS OFF IS TAKEN OFF THERE? YES.

THAT WAS THE ORIGINAL SUBMITTAL OF, THEN IT WAS ANNOUNCED TO ME THAT I HAD TO AMEND THE DRAWINGS.

AND ACTUALLY THE ONE THAT'S ON THE THIRD FASCIA, WHICH FACES THE CAR WASH, WOULD HAVE TO BE THE ONE THAT WOULD BE PERMITTED PERMIT YEAH.

WOULD HAVE TO BE APPLIED FOR.

SO I THEN REPLACED THE DRAWINGS.

YOU MIGHT NOT HAVE SCANNED, YOU MIGHT HAVE SCANNED THE FIRST SET.

AND SO PRESENTLY THERE'S ONE HERE, THERE'S ONE THERE, ONE HERE, ONE THERE.

AND THIS IS THE THIRD.

THIS IS THE ONE WE'RE TRYING TO YES, THE ONE WE'RE ASKING FOR.

OKAY.

OKAY.

[01:10:02]

FACING THE CAR WASH.

OKAY.

AND THAT'S THE EAST ONE? YES.

GOT IT.

CORRECT.

OKAY.

SO IT'S THE NOTE, UH, POINTING TO THE BLANKED OUT ONE IN THE UPPER RIGHT HAND CORNER THAT SAYS THIRD BP SIGN IS BEING PROPOSED ON THE SOUTH ELEVATION.

THAT WOULD, THAT WAS ALREADY ALTERED AND SUBMITTED, BUT YOU GOT THE SCAN THAT, SORRY, I THINK DOESN'T THINK COPY IS THE WRONG PLAN.

SO AT THE END OF THE DAY, UM, WHEN THE BOARD COMES TO A DECISION, WE'LL ENSURE THAT YOU'RE APPROVING THE RIGHT THING.

IF, IF YOU'RE INCLINED TO APPROVE, WE'LL MAKE SURE THAT IT'S REFERENCING CORRECT.

YEAH.

THE EAST ELEVATION, THE EAST FACING SIGN, YES.

GOT IT.

OKAY.

THE ONE THAT'S NOT IN THE PICTURE, .

CORRECT.

.

.

RIGHT.

OKAY.

'CAUSE THAT WAS REALLY CONFUSING ME.

WELL, I'M TELLING YOU.

, ANY OTHER QUESTIONS FROM THE BOARD? JUST A, A QUICK COMMENT.

UM, THE APPLICANT, UH, WILL BE INSTALLING A SIDEWALK ALONG THE FRONTAGE OF, UH, BOTH HILLSIDE AVENUE AND ONE 19 AND, UH, MAKING LANDSCAPING IMPROVEMENTS.

UM, THEY'RE FINISHING UP THEIR, UH, APPROVAL PROCESS IN NEW YORK STATE, D O T.

SO, UM, THERE'S A LOT OF GOOD WORK LEFT TO BE DONE ON THAT SITE THAT I THINK WILL REALLY BEAUTIFY THE SITE.

AS A SIDE NOTE, JUST SO YOU'RE AWARE HMM.

WELL, WELL, WE, THE D O T WE'RE GOING ON TWO YEARS, TWO AND A HALF.

IT'S BEEN A LENGTHY PROCESS, BUT I'M CONFIDENT THEY'LL BE DOING THAT WORK THIS SPRING.

YEAH, HOPEFULLY.

UM, AND IS THERE ANYONE, ANYONE ELSE IN THE AUDIENCE OR ON ZOOM WHO WANTS TO COMMENT? OKAY, THANK YOU.

I, OH, SORRY, GO AHEAD.

SO WE HAVE IT ON THE RECORD.

WHY DO YOU NEED THE THIRD? I KNOW YOU HAVE IT IN ITS EXISTING, BUT WHAT'S THE NEED? WELL, IT'S ACTUALLY REQUIRED BY THE VENDOR, UM, TO HAVE THE, WHEN THERE'S THREE EXPOSED SIDES TO, SO IT'S AN ACTUALLY IN CONTRADICTION TO YOUR LOCAL ZONING RIGHTS, WHICH MEANS THAT YOU, YOU ONLY ALLOW TWO, BUT WHEN A CANOPY IS EXPOSED TO THE STREET ON THREE SIDES AS A MARKETING, THEY REQUIRE YOU TO HAVE THE BURST SYMBOL ON THREE FASCIAS.

SO IF THERE'S A FASCIA THAT'S FACING A BUILDING OR A WALL, THEY DON'T PUT IT LIKE THE, THE FASCIA ON THE EAST, THE NORTH SIDE DOESN'T HAVE A, AN EMBLEM ON THAT FACES THE BUILDING.

SO EVERY EXPOSED SIDE THAT FACES A STREET, THEY PUT A BURST ON THERE.

WOULD YOU BE ABLE TO SEE THE BP IN THE FRONT ON TARRYTOWN ROAD AS YOU'RE DRIVING DOWN TERRYTOWN ROAD? OR DO YOU NEED IT FOR NO, WELL, THERE, THERE'S NO BP, IT'S JUST A BURST.

THERE'S NO LETTERING.

SO IT'S JUST A, AS YOU COME UP TARRYTOWN ROAD TOWARDS, UM, ELMSFORD GOING TOWARDS ELMSFORD, UH, YOU ACTUALLY SEE IT ON BOTH FACIA BOARDS.

OKAY.

WHEN YOU COME UP.

'CAUSE IT APPEARS AS A CORNER.

OKAY.

THANK YOU.

YOU ARE WELCOME.

I'M ACTUALLY PRESENTING THE NEXT ACT.

NEXT ONE.

OH, YOU'RE NEXT.

OH, OKAY.

ALRIGHT.

NEXT CASE ON TONIGHT'S AGENDA IS COGNIZE THE SAME, HANDWRITING NUMBER 2238 SS AND J SERVICE CENTER AT 2 45 SOUTH CENTRAL AVENUE IN HARTSDALE.

GOOD EVENING.

JONATHAN ANI, AGAIN, NUN ANI DESIGN CONSULTANTS REPRESENTING, UH, SS AND J SERVICE STATION AT 2 45 SOUTH CENTRAL AVENUE.

CAN I, THIS? OH, I'M SORRY.

SO I JUST WANTED, UM, DIANE, YOU REALLY HERE AND, UM, I KNOW, UH, THE PYRES IS MM-HMM.

VERY WELL.

SO I AM RECUSING MYSELF FROM THIS CASE.

THANK YOU.

SO YOU HAVE TO GO IN THE OTHER ROOM.

THEY'RE THE OWNERS OF S OKAY.

SO YOU HAVE TO SIT IN THE OTHER ROOM? OH, I DO.

YEAH.

.

.

AND THEN WHEN WE'RE DONE, WE'LL REMIND ME TO CALL HER BACK.

OKAY.

OKAY, GO AHEAD.

SO THIS IS, SHE, WE CAN TALK, WE CAN TALK ABOUT IT.

YEAH.

SO THIS IS A PRESENTATION OF A CANOPY STRUCTURE.

UM, IT IS A FIRST STEP IN A WELL NEEDED, I THINK, UH, IMPROVEMENTS TO THAT PROPERTY ALONG CENTRAL AVENUE.

SO THEY'RE CHANGING THE VENDOR, CHANGING THE BRAND, UM, GONNA IMPROVE THE BUILDING.

BUT RIGHT NOW THE FIRST STEP IS THE CANOPY.

'CAUSE THEY'RE LOSING, YOU KNOW, OBVIOUSLY YOU LOSE CUSTOMERS TO, TO NON-COVERED FUEL PUMPS.

SO THEY'RE THE PRESENT, THE PRESENT CONDITION.

THERE ARE FOUR FEW PUMPS THAT ARE EXISTING.

THEY'RE GONNA PUT A CANOPY STRUCTURE OVER IT.

UH, THE VARIANCE, OBVIOUSLY ALL CANOPIES THROUGHOUT GREENBERG ARE, NEED A VARIANCE BECAUSE THE CLEARANCE TO THE UNDERSIDE OF A CANOPY NEEDS TO BE 14, SIX TO 15 FEET, WHICH GENERALLY THE STRUCTURE THEN SUPERSEDES THE ALLOWABLE HEIGHT.

RIGHT.

UH, BUT IN, AND ON TOP OF THAT, WE, WE ARE REQUESTING A VARIANCE AT THE FRONT YARD.

UM, 'CAUSE IT'S, IT'S 10 FEET AWAY FROM THE PROPERTY LINE AND, UH, BUT IT'S FAR ENOUGH AWAY FROM THE WALKWAYS THAT IT'S NOT, UH, HINDERING ANY PASSAGE AWAY FROM PEDESTRIANS.

UM, BUT IT'S GONNA BE A NEW STRUCTURE THAT, UH, EVENTUALLY WILL NOW HOPEFULLY BE BACK

[01:15:01]

IN TO RENOVATE THE ACTUAL STRUCTURE SERVICE STATION AND PUT A, UH, CONVENIENCE STORE THERE.

SO THIS IS THE FIRST STEP IN A VERY, ANOTHER VERY LONG PROCESS.

POSSIBLY UNFAIR QUESTION, BUT WILL THIS BE ANOTHER BP UH, ? BECAUSE AGAIN, NOW THIS OBVIOUSLY BEING A LOT CLOSER TO THE ROAD WOULD BE MAYBE A LITTLE BIT MORE OF A CONCERN IN TERMS OF THAT SIGNAGE IF YOU NEEDED THAT THIRD ONE ON CENTRAL.

WELL, BUT HERE'S THE THING.

UM, IT'S ACTUALLY NOT GONNA BE A BP BUT IN THIS CASE, NOW THAT I'M INVOLVED, WHEN WE RECEIVED THE CANOPY, UM, VARIANCE FOR THE PREVIOUS CANOPY, THERE WAS NO, NO VENDOR CHOSEN.

SO NOW IN, IN, IN, JUST IN AS A PREPARATION FOR THIS CANOPY, I CAN ACTUALLY REQUEST THEM, SAY, LISTEN, THEY DO NOT ALLOW IT IN GREENBERG.

SO I COULD SAY YOU CAN ONLY PUT IT ON TWO SIDES.

SO YOU EITHER GOTTA, YOU GOTTA PICK A SIDE.

UM, BP DIDN'T DO THAT IN THE FIRST CASE.

I WASN'T INVOLVED WITH THE VENDOR.

SO THEY, THEY, AS THEIR GENERAL RULE, THEY PUT IT ON THREE SIDES.

BUT NOW WITH THIS ONE I CAN SAY, HEY LISTEN, YOU CAN ONLY REALLY PUT IT ON TWO SIDES, PUT IT ON TWO SIDES.

AND, BUT IT'S NOT EVEN THE P P I FORGET THE VENDOR THAT THEY'RE USING.

BUT NOW I KNOW THE VENDOR BEFOREHAND SO I CAN HAVE DISCUSSIONS WITH THEM.

UM, YEAH, YOU KNOW, IN, IN THE PREVIOUS YOU SHOWED US A PICTURE OF THE CANOPY AND EVERYTHING ELSE, THERE'S NO DESCRIPTION HERE.

ALL OF WHAT YOU'RE TALKING ABOUT IN TERMS OF LIKE THE BP CANOPY IS VERY, WELL, IT'S, IT'S NOT JUST LIT DOWN.

IT'S THIS VERY MUCH TO THE SIDE AND UPPER AND IT'S GOT BIG LOGOS.

WHAT, WHAT IS THIS CANOPY GONNA LOOK LIKE? WELL, THAT'S, THAT'S, THAT USUALLY COMES WITH A SECOND, UM, STAGE OF THIS WHERE I, I HAVE TO ACTUALLY APPLY FOR SIGNAGE.

SO I WOULD ACTUALLY PRESENT ANOTHER TO, TO THE SIGNAGE BOARD TO, TO GET APPROVAL FOR THE ACTUAL FASCIA BOARDS AROUND THE, THE CANOPY.

SO THAT'S WOULD WHERE I WOULD COME IN AND SAY, YOU CAN ONLY DO TWO SIGNS AND THEN I WOULD PRESENT COLOR RENDERINGS OF WHATEVER THE, THE CANOPY WAS.

IT'S ACTUALLY THEIR RESPONSIBILITY TO PROVIDE THAT.

UM, BUT I WOULD PROBABLY PRESENT IT, BUT I DON'T KNOW WHAT THEIR PLAN IS WITH THE FASCIA.

IT'S NOT LIKE BP WHERE IT'S REGULAR.

I, I, I DON'T KNOW WHETHER HE'S CHOOSING BETWEEN TWO OR ONE, BUT IT'S DEFINITELY NOT BP.

YEAH.

'CAUSE THERE'S ON THE BP THERE'S LIKE THIS MUCH THAT'S LIT.

YES.

IT'S NOT JUST LIT DOWN.

YES.

SO IS THIS REQUEST FOR A LIT DOWN LIT WHATEV? WELL, IT HAS TO BE, IT HAS TO BE LIT DOWN.

YOU HAVE TO HAVE THE LIGHTS UNDERNEATH.

SO IT'S GENERALLY AN L E D LIT DOWN.

YOU CAN RIGHT ON ALL CANOPIES.

IT'S GONNA BE A BRIGHT UNDERNEATH IT FROM TOP.

BUT EVERY FASCIA BOARD DOES HAVE L E D LIGHTING IN IT.

BP HAS A TIRE PERIMETER OF IT.

SOME CANOPIES JUST HAVE IT ON THE, WHEREVER THE, THEIR SIGNAGE IS.

SO IT'S ONE, ONE OR TWO.

THEY DON'T, GENERALLY ALL CANOPIES IS LIGHTING AROUND, BUT THIS CERTAIN VENDORS JUST LIKE THEIR SYMBOLS.

SO WE DON'T KNOW.

WE'RE GIVING A VARIANCE FOR SOMETHING WE DON'T KNOW WHAT IT'S GONNA LOOK LIKE.

WELL, WE'RE ACTUALLY GIVING A VARIANCE FOR THE PLACEMENT OF THE STRUCTURE.

I BELIEVE IT'S AN AREA OF VARIANCE FOR THE PLACEMENT OF THE STRUCTURE.

FROM MY EXPERIENCE WHEN WE, FOR WHAT IT LOOKS SIGNAGE TO THE BOARD, BUT 'CAUSE THE PLACEMENT OF IT IS, IS THE HEIGHT AND THE VARIANCES FOR THE DISTANCE OFF THE PROPERTY LINE.

AND DO YOU KNOW, ARE THEY INCREASING THE NUMBER OF GAS PUMPS OR ARE THEY'RE KEEPING NO EXISTING SAME, SAME AMOUNT.

SORRY IF I MISSED IT IN THE BEGINNING.

DID YOU SAY THE SERVICE CENTER WILL REMAIN? YES.

EVERYTHING'S REMAINING.

UM, SAME OWNERS THEY'RE IN, THEY'RE IN, UM, ACTUALLY IN CONJOINING PARTNERS WITH MY CLIENT FROM 2 1 2 TAR TOWN ROAD.

SO NOW THEY'RE, THEY'RE GONNA RE RENOVATE.

THEY'RE GONNA KEEP THE SERVICE STATION, BUT RENOVATE THE C STORE AND ACTUALLY RENOVATE THE EXTERIOR.

SO WE'LL HAVE A MODERN, NICER FIELD.

YEAH, IT'S A VERY, IT'S AN ICE STORE THAT'S CENTRAL AVENUE ONE.

IT'S, YES.

SO IF WE, UM, IF WE AREN'T TO APPROVE THIS, THE HEIGHT WILL BE RESTRICTED TO 18 FEET MAXIMUM, CORRECT? YES.

MAXIMUM.

ALRIGHT, SO WE WON'T COME BACK AND NO, NO, NO.

FIND OUT THAT THERE'S, YOU WANNA PUT A ROOF ON TOP? NO , RIGHT? UM, NO, NO, NO.

BECAUSE WE HAD ONE OF THOSE ONCE WE DID DID YOU? LITTLE FURTHER DOWN THE ROAD.

YES.

YEAH, YEAH.

NO, ABSOLUTELY NOT.

I'VE BEEN DOWN THAT ROAD BEFORE.

IT'S NOT A, I DON'T LIKE COMING.

I'M ASKING FOR, UH, FORGIVENESS.

UM, IS ANYBODY IN THE AUDIENCE OR ON ZOOM THAT WOULD LIKE TO SPEAK? NO.

OKAY.

THANK YOU.

THANK YOU VERY MUCH.

OKAY.

THE NEXT OKAY.

OH, THANK YOU.

YES, .

SORRY.

WE'LL JUST WAIT FOR OUR OTHER BOARD MEMBER TO COME BACK.

ALMOST TWO CASES WERE TOGETHER.

YES.

ALRIGHT.

I DON'T BELIEVE THIS.

YEAH, I'M GONNA TOUCH YOU.

I'M KIDDING.

ALRIGHT, THE NEXT, UH, CASE ON TONIGHT'S AGENDA IS NUMBER 2239 SECOR WOODS SUBDIVISION AT 2 45 SECOR WOODS ROAD.

[01:20:02]

GOOD EVENING, EVERYONE.

UH, MY NAME IS AMELIA ESCALADES ESCALADES, AND I HAVE TO SAY I MISS CAROL.

YEAH, I KNOW.

WE ALL DO.

UM, I'LL TRY TO BE VERY QUICK.

UM, I'LL GIVE YOU TWO HANDOUTS SO THAT YOU GRAPHICALLY SEE AND COLORWISE, BECAUSE IT'S A LITTLE TRICKY TO EXPLAIN VERBALLY.

THE YELLOW ONE IS THE ITEM THAT IS CAUSING THE BARRIERS HANDOUT.

AND THEN SPEAK, WAIT TO SPEAK TILL YOU GET BACK SO THEY CAN HEAR YOU.

I, MY CAR, UH, A SMALL INTRODUCTION TO WHAT THIS PROJECT IS ABOUT.

THIS PARCEL IS BEING SUBDIVIDED AND NEW RE SUBDIVIDED.

WE HAVE, UH, AN OLD DOCUMENT THAT WAS PURCHASED AND THE LAND THAT WAS SUBDIVIDED BACK IN THE, UH, SEVENTIES.

I, I I SUPPOSE IT WAS APPROVED BY THE BOARD.

IT WAS ASSIGNED BY THE, UM, HEALTH DEPARTMENT.

AND IT, IT WAS USED, IT WAS NEVER, UH, EFFECTUALLY.

SUBDIVIDED, AS A MATTER OF FACT WAS, YOU MIGHT REMEMBER THAT WAS A RED BARN LOOKING STRUCTURE, WHICH WAS A FLOWER SHOP.

AND THAT WAS THERE FOR MANY, MANY YEARS.

MY CLIENT PURCHASED IT WITH THE KNOWLEDGE THAT HE HAD THE RIGHT TO BUILD FOUR LOTS AND, UM, MUCH MORE SURPRISE.

THE ADDITIONAL LOT TO THE RIGHT WAS AN INDEPENDENT PARCEL OF LAND.

AND THEY DECIDED TO BUILD THAT ONE AND TEST THE MARKET.

THEY DID, THEY BUILT THE HOUSE, THE HOUSE WAS SOLD.

AND THEN THE, THE NEXT QUESTION WAS, WHEN ARE WE GOING TO DO THE NEXT FOUR HOUSES? WE STARTED TO HAVE CONVERSATIONS WITH STAFF WITH RESPECT TO, UH, SUBMISSIONS OF BUILDING, BUILDING FLOOR PLANS.

AND IT WAS APPARENT THAT STAFF SAID, LOOK, UM, LET'S RETHINK THIS BECAUSE THE OLD SUBDIVISION DIDN'T HAVE THIS, DIDN'T HAVE THAT.

UM, AND THEN THERE IS A, THERE'S AN OUTSTANDING LEGAL POSITION THAT EITHER PLA EITHER PERSON CAN TAKE SAYING, LOOK, WE HAVE, UH, WE HAVE FOUR LOTS.

WE WANT TO CARRY OUT OUR RIGHTS.

UM, I SLOWED DOWN THE PROCESS, I SAID TO THE OWNERS, THERE'S NO REASON WE CAN FOLLOW THE ADVICE OF THE TOWN AND MAKE IT BETTER.

AND THE BETTERMENT, OF COURSE, SHOWS, UH, AND ADHERES TO ALL THE CODE REQUIREMENTS FOR DRAINAGE, FOR SIZE OF LOTS, UH, FOR EVERY, EVERYTHING.

WE, WE COMPLY WITH EVERYTHING STORMWATER.

UM, SO WE, WE ARE NOW IN THE PROCESS OF SUBMITTING, UH, WE HAVE SUBMITTED, UM, UH, UM, A RE SUBDIVISION PLAN, WHICH IS HERE, SUBDIVISION.

I JUST WANTED YOU TO SEE THAT ALL THE SIGNATURES ADVANCE, AND THIS OF COURSE IS NOW, I THINK I HAVE TWO OR THREE MEETINGS WITH THE PLANNING BOARD.

THEY HAVE SENT, UH, I THINK A POSITIVE LETTER OF RECOMMENDATION TO YOU FOLKS.

UM, UM, WE HAVE DISCUSSED EVERYTHING THAT I'VE JUST MENTIONED, THE DRAINAGE, UM, LOCATIONS OF HOMES AND SO ON.

IN SATISFYING ONE OF THE REQUIREMENTS, UH, THE FIRE CHIEF, OF COURSE, HAS ASKED FOR THIS TYPE OF TURNAROUND.

UM, NOT THE FIRE CHIEF.

THE REQUIREMENTS THAT WE NEED FOR A DEAD END STREET IS TO PROVIDE A GEOMETRY OF THE PAVEMENT SO THAT THE APPARATUS CAN, UH, ENTER AND EXIT.

UH, WE HAVE DONE SO, AND IN DOING SO, WE FOUND OUT THE BUILDING DEPARTMENT, UH, IS THE ONLY ONE THAT CAUGHT IT.

UH, ANTHONY WAS THE ONLY ONE THAT CAUGHT IT.

I, I DID NOT.

UM, BUT YOU CAN SEE THAT IN THIS COMPOSITE OF COLOR, THE GREEN AREA THAT YOU SEE THERE IS THE ONE THAT IS IN CONFLICT WITH, UH, THE SIDE YARD, UH, AND THE PAVEMENT NOW THAT, THAT PAVEMENT IS FORCED UPON US BECAUSE OF THE GEOMETRY NECESSARY FOR THE APPARATUS.

SO, AND, UH, IN, IN FURTHER INVESTIGATION WITH THE FIRE CHIEF, IT IS, UH, IT IS APPARENT THAT, UM, HE SAYS THAT IN ANY SITUATION LIKE THIS, THAT THEY WOULD NEVER ACTUALLY TURN THE VEHICLES UPON THAT SURFACE.

THAT IS MINIMALLY REQUIRED FOR APPROVALS, THAT THEY WOULD GO IN STRAIGHT AND COME BACK STRAIGHT.

THEY WOULD NEVER RISK TURNING THE APPARAT APPARATUS NEAR ANY FIRE.

AND I'M JUST SAYING THAT BECAUSE IT WAS A SURPRISE TO ME.

UH, BUT IT MADE SENSE BECAUSE THE SIM THIS IS ONLY, UM, UH, IT'S LESS THAN 150 FEET LONG, THIS ROAD, THIS NEW ROAD.

SO, UM, IT'S, IT'S ONE OF THESE SHORT, UH, IN CASE OF THE FIRE FOR THE LAST HOUSE, UH, WE ARE INSTALLING, OF COURSE, A NEW HYDRANT.

UH, HE, HE INDICATED WHERE HE WANTED IT, THE FIRE CHIEF.

AND SO, BUT THIS IS, I DON'T WANNA GET OUT OF THE, UH, PROCESS OF PLANNING APPROVAL THAT IS IN THE PLANNING BOARD, BUT THE GREEN AREA IS THAT, UH, DISTANCE THAT WE NEED TO SATISFY.

[01:25:01]

SO THEREFORE THE 2.5 AT THE, UH, BEGINNING OF THE ARC AND, AND TOUCHING THE GREEN CORNER IS WHAT THE VARIANCE THAT WE NEED INSTEAD OF 10.

SO INSTEAD OF PROVIDING A 10 FOOT TO THE YELLOW, UH, PAVEMENT, WE ONLY CAN PROVIDE 2.5 AT THAT BEGINNING OF THAT ARC.

AND THAT'S IT.

THAT'S THE, THE ESSENCE OF MY, UH, REQUEST.

DID YOU PROVIDE DOCUMENTATION IN TERMS OF THE FIRE DEPARTMENT'S REQUEST? WELL, THAT WAS AN INTERNAL STAFF, UH, UH, UH, UH, MATTER.

I, I, I DIDN'T, I WAS NOT INVOLVED IN THAT.

I LEFT THAT, WHATEVER HE SAID WE DID.

AND THAT, THAT'S, THAT'S YELLOW IS PART OF THAT.

JUST TO CLARIFY, UM, PROCEDURALLY THE APPLICATION STARTED OUT AS A SUBDIVISION WITH THE PLANNING BOARD.

AND WHEN THE PLANS WERE SUBMITTED, PLANS AND APPLICATIONS, WE REFERRED THEM OUT TO VARIOUS AGENCIES, INCLUDING, UH, THE, THE LOCAL FIRE DISTRICT, UM, WHO DID, UH, REVIEW THE PLANS.

AND WE RECEIVED COMMENTS FROM TOWN ENGINEER, UM, AND OF COURSE BUILDING, HENCE THE VARIANCE.

SO, UM, PLANNING BOARD AS PART OF A COORDINATED REVIEW UNDER CCRA, UM, DID RENDER A NEGATIVE DECLARATION FOR THE, THE PROJECT IN ITS ENTIRETY.

AND, UH, THE PLANNING BOARD DID MAKE A, UH, POSITIVE RECOMMENDATION, UH, WITH RESPECT TO THE VARIANCE.

UM, I BELIEVE THE PLANNING BOARD INDICATED THAT IT HAD A PREFERENCE THAT, UM, THE DRIVEWAY FOR THIS HOME BE SOME SORT OF PERMEABLE SURFACE, WHICH I BELIEVE YOU DISCUSSED WITH THEM.

THAT'S CORRECT.

THERE WAS SOME CAVEATS AND WE ADHERED TO THEM.

THEY WANTED A ZONE FOR THE SNOW REMOVAL.

WE GAVE IT TO THEM AND THEY ASKED FOR, UH, UH, WITH THE, WITH THE APPLICANT, UH, UH, COOPERATE AND HAVE A MORE PERMEABLE SURFACE.

AND WE OF COURSE AGREED TO THAT.

UH, THAT IS ABSOLUTELY A MUST AND IT'S A PLUS.

JUST, JUST ONE NOTE.

THE ORIGINAL APPLICATION THAT WAS APPROVED THAT WE PROBABLY HAVE THE RIGHT TO EXECUTE, DIDN'T HAVE ANY OF THE ADVANTAGES THAT WE'RE NOW, UH, UH, UH, FORCING UPON THE OWNER A BETTER ROAD, A BETTER DRAINAGE SYSTEM, UH, A WIDER ROAD.

ALL OF THOSE THINGS WERE NOT INCORPORATED IN THE 1970S APPROVAL.

AND, UH, BECAUSE OF THE STAFF, UH, SUGGESTING THIS AND THAT, WE WERE ABLE TO CONVINCE THE OWNER THAT YES, THIS IS THE BEST PATH.

YES, WE HAVE TO GO BACK THROUGH THE SUBDIVISION AND SO ON.

BUT, UM, THIS WAS THE, THE RIGHT THING TO DO.

AND ALSO FOR MARKETING, IT'S THE RIGHT THING TO DO.

OKAY.

DOES THIS HOUSE STAY WITHIN THE TOWN'S, UM, IMPERVIOUS, UM, SURFACE RULE? YES.

AND WHAT PERCENTAGE IS THAT? WELL, THE, THE IMPERVIOUS SURFACE, UH, FOR THE R 7.5, IT IS 40, 40.75.

IT'S HIGH.

40.75 OF THE SURFACE AREA OF LOT CAN BE IMPERMEABLE, BUT WE'RE BETTERING THAT BECAUSE THE ENTIRE DRIVEWAY WILL BE, UH, PERMEABLE PAVERS.

UM, YOU KNOW, WE'RE, WE'RE MEETING IT.

THE ANSWER TO YOUR QUESTION IS YES, WE'RE MEETING IT, PLUS WE'RE MEETING IT PLUS WHAT'S THE, UM, WHAT'S THE F A R IN? THIS IS AN R SEVEN FIVE IS A PROPORTION OF THE FLATNESS OF THE LAND.

THE LAND IS A HUNDRED PERCENT FLAT.

SO IT'S A DIRECT RELATIONSHIP.

IT'S THE, THE, NO, I KNOW WHAT IT IS, BUT WHAT THE F A R IS 0.345.

SO EACH LOT, IF YOU MULTIPLY THE AREA OF EACH, UH, LOT BY 0.345, THE FIRST LOT, YOU HAVE 27 89 SQUARE FEET OF BUILDABLE AREA.

THE SECOND ONE, I'M SORRY, UH, YOU, YOU'RE ALLOWED 2,789.

WE ARE PROPOSING 2,700 IN THE LOT.

TWO, YOU ARE ALLOWED, UH, UH, 2,796 WE'RE PROPOSING 2,790.

THE THIRD LOT, UH, 2,796 IS THE SAME AREA WE'RE PROPOSING 2,788.

AND LIKEWISE, UH, IN THE LAST LOT, IT'S 2,650.

NOW, THESE WILL WILL BE REVIEWED AGAIN ONCE YOU DO THE SUBMISSION TO THE, EACH INDIVIDUAL LOT FOR A BUILDING PERMIT.

THIS IS A THEORETICAL NUMBER THAT WE THINK WE'RE GOING TO BUILD, BUT ULTIMATELY THE NUMBER THAT WILL BE APPROVED WILL BE THE NUMBER FOR THE HOUSE THAT ACTUALLY GETS SUBMITTED TO THE BUILDING DEPARTMENT.

SO WHEN YOU WRITE THE MAX HOUSE AREA, THAT'S WHAT I'M ALLOWED TO BY CODE, BUT IT SAYS 3,450.

THAT SEEMS BIG.

THE RATIO, YES.

IN FOR LOT ONE LOT, YOU ARE ALLOWED, YOU'RE ALLOWED THREE IN LOT ONE IS THREE THOU, UM, IMPERVIOUS SUR NO, THAT'S IMPERVIOUS SURFACE.

[01:30:01]

WE WERE ASKED ABOUT F A R.

ARE YOU TALKING ABOUT ? SO MAX HOUSE AREA, YOU, THE MAX HOUSE AREA, IS THE IMPERVIOUS SURFACE AS IMPERVIOUS SURFACE, YOU ARE ALLOWED NO, IN, IN THE FIRST LOT.

32, 94 IN THE SECOND LOT.

33 0 3 IN THE THIRD, IN THE FOUR, IN THE THIRD LOT.

33 0 3.

AND IN THE LAST LOT.

3099, I GUESS I WAS JUST ASKING IN THIS PINK, THIS PINK HOUSE? NO, THE PINK.

THE PINK.

IT SAYS MAX HOUSE AREA 3,450 SQUARE FEET, WHICH SEEMS TOO BIG FOR THE LOT.

MAXIMUM HOUSE AREA FOR LOT FOUR.

LOT ONE LOT ONE, LOT ONE.

MY APOLOGIES.

UM, IS THAT MAYBE A TYPO AREA SIX? NO, THE MAXIMUM THERE CANNOT EXCEED 27 89.

I THINK.

I THINK THE DRAFTS PERSON, THAT'S TYPO.

BUT THAT, THAT'S A, THAT WOULD NEVER, UH, UH, THANK YOU FOR THE CORRECTION.

YEAH.

THAT, THAT'S NOT, THAT'S NOT CORRECT.

OKAY.

THE MAXIMUM HOUSE SIZE FOR LOT FOUR, A LOT ONE, AS I STATED EARLIER, IS 2,789.

THAT'S A, THAT'S A TYPO.

OKAY.

NOT THE 34 50.

NO.

CORRECT.

THAT'S, THAT STARTED LOOKING WRONG.

I WAS LIKE, IT'S THE SAME AS THE ONE BELOW IT.

YEAH.

SOMETIMES THESE DRAWINGS GET CHANGED 22 TIMES AND THE DRAFT S MISSES IT.

CAN YOU, COULD YOU ANSWER ONE QUESTION FOR ME? I SEE, I SEE A, A BOX THAT'S KIND OF ALL DIFFERENT, YOU KNOW, SHAPES.

IT LOOKS LIKE IT'S A HOUSE AND AROUND IT IS ANOTHER BIG BIG DASH LINE.

NO, THAT'S THE SETBACK ENVELOPE.

SO THE EDGE OF THE RED IS STOPPED IN ESSENCE BY THE SETBACK ENVELOPE.

SO ANYTHING THAT'S WHITE BEYOND THAT, THAT'S THE BUILDABLE AREA.

UH, THE BUILDABLE ENVELOPE, YOU CAN FIT THE HOUSE WITHIN THAT BOX, UH, WHITE AREA.

GOT IT.

OKAY.

SO THE RED IS, IS LIMIT LIMITS.

THE DO NOT TOUCH AREA.

AND I WANTED YOU TO SEE WHERE I'M TOUCHING WITH THE INTRUSION OF THAT RETURN AROUND.

AND THAT'S THE, THE GREEN SHADED AREA.

THAT'S THE ONLY THING IN VIOLATION.

THE GREEN SHADED AREA.

IT WAS MENTIONED TO US BEFORE THAT THE, THE FIRE TRUCKS WILL BE GOING IN STRAIGHT AND COMING OUT STRAIGHT.

THIS IS THE OPINION OF THE PROFESSIONALS WHEN YOU SPEAK TO THEM.

THAT'S WHAT THEY'VE STATED.

SO MY QUESTION IS, WHAT IS THIS GREEN CURVED SPACE NEEDED FOR, IF THEY'RE NOT, IF THEY'RE JUST GOING UP AND BACK, WHY, WHAT'S THIS TERM? THE MINIMUM STANDARD'S ALWAYS, WHO KNOWS WHAT WOULD HAPPEN IN THE FUTURE? SO TO, TO MAKE SURE THAT THERE'S NEVER, UH, A LIMIT TO THE EQUIPMENT'S CAPACITY TO ENTER AND EXIT THE PAVEMENT HAS TO BE STRONG ENOUGH AND HAS TO BE UNDER THE AREA OF THE GEOMETRY THAT'S MINIMALLY NECESSARY FOR THOSE LARGE ENGINE TRUCKS TO TURN.

AND IT IS A KNOWN, THAT'S WHY I GAVE YOU THE YELLOW, THE, THE, THE YELLOW COPY IS THE MINIMUM STANDARDS NATIONWIDE FOR THAT TYPE OF LARGE APPARATUS.

AND THAT MUST BE BY STAFF AND BY US, AND BY ME AS AN ENGINEER STAMPING THIS, UH, I WANNA MAKE SURE THAT THAT PAVEMENT IS THERE STRONG ENOUGH PAVED TO THE POINT OF CAPACITY FOR THE LOAD OF THE TRUCK.

SO IT'S NOT JUST TO HAVE AN ACCESS THAT THE TRUCK, UH, AN OPEN GARDEN, THAT'S NOT ENOUGH BECAUSE THE WHEEL CAN GET STUCK IN A UNS, UH, A BADLY SUPPORTED SURFACE.

SO THAT'S WHY IT HAS TO BE PAVED AND, AND, AND REVIEWED BY THE ENGINEERS AND, AND INSPECTED ONE BUILD.

AND THAT'S THE MINIMUM GEOMETRY THAT WE MUST HAVE FOR OUR STAFF, FOR MYSELF.

BUT THE, THE FIRE CHIEF SIMPLY SAID, I NEVER USE THEM.

MIGHT GO STRAIGHT IN AND STRAIGHT OUTTA SAFER AND FASTER.

AND THEN MY OTHER QUES QUESTION IS A QUESTION SLASH COMMENT.

THERE'S NO LEGEND ON YOUR PLANS, SO IT'S A BIT HARD TO READ THEM.

THAT WOULD'VE WOULD'VE HELPED ME BECAUSE THE ONLY THING THAT SAYS IT'S PERMEABLE IS THE CHECKERBOARD AREA.

THE SPECKLED AREA IS, IS NOT LABELED AS TO WHAT IT'S MADE OUTTA.

I I THAT'S, SO YOU'RE SAYING THE DRIVEWAY AND EVERYTHING IS PERMEABLE, BUT YET IT'S CODED EXACTLY THE SAME WAY AS THE STREET.

THE THE, THE PERMEABLE IS MARKED.

IT'S JUST THAT YOU, I IMPLIED THAT IT WAS THE ENTIRE DRIVEWAY.

IT'S JUST THAT EIGHT FOOT STRIP IN ALL OF THE DRIVEWAYS.

THAT'S, THAT'S THE CHECKERED PATTERN THAT YOU SEE THERE.

IT'S LABELED.

OH, THE CHECKERED PATTERN IS IN EVERY DRIVEWAY.

AND THAT WAS, UM, UM, AN EIGHT, EIGHT FOOT, EIGHT FOOT STRIP THAT WE ARE GOING TO USE WITH, UH, PERMEABLE PAVERS.

SO, SO WHERE IT SAYS 29.2, WHICH IS THE PART OF THE DRIVEWAY GOING TO THE HOUSE.

YES, THAT IS, WHICH IS, WHICH IS SPECKLED.

LIKE THE STREET IS REALLY CHECKERBOARD.

[01:35:01]

WHAT? NO, NO, NO, NO, NO.

JUST THE FIRST EIGHT FEET OF THE PROPERTY DRIVEWAY.

THIS.

BUT YOU SAID THE WHOLE BEFORE YOU JUST SAID THE WHOLE DRIVEWAY WAS PROBABLY, I, I I HAVE NOT READ WHAT THE SPECIFICATIONS OF THE, UH, UH, OF A, UM, A BOARD, THE PLANNING BOARD.

THIS WAS SUGGESTED.

WE DISCUSSED IT, BUT I HAVEN'T SPOKEN TO MY CLIENT ABOUT IT.

I'M SURE THAT HE'LL AGREE, BUT I'M SAYING RIGHT HERE IN THIS DRAWING, ALL I HAVE COMMITTED, UH, THE APPLICANT TO IS THE EIGHT FEET.

OKAY.

THE, THE, THE SUGGESTION FROM THE BOARD, I'M YET TO DISCUSS WITH THE OWNER UHHUH .

BUT I, I ASSURE YOU THAT IF THE BOARD REQUEST REQUIRES THAT WE WILL DO IT, I'D LIKE IT BETTER.

IT'S A NICER PATTERN.

ANY OTHER QUESTIONS FROM THE BOARD? ANY QUESTIONS, UM, IN THE AUDIENCE OR ON ZOOM? YES, WE DO HAVE A SPEAKER ON ZOOM.

UM, MARYANNE, WELCOME.

AND PLEASE FEEL FREE TO UNMUTE AND MAKE YOUR COMMENTS, PLEASE.

HI, MY NAME IS MARYANNE RITA, AND I LIVE AT 18TH EAST WAY.

SO MY BACKYARD WILL BE BORDERING WHERE THE HOMES ARE BEING BUILT.

UM, I DO NOT HAVE THE, UH, THE PLANS IN FRONT OF ME.

SO I HAVE A COUPLE OF QUESTIONS.

THE ROAD THAT THEY ARE TALKING ABOUT BUILDING, WHERE IS THAT GOING TO BE ON THE PROPERTY? IS THAT GOING TO BE BACKING MY PROPERTY OR ISN'T THAT IN THE MIDDLE OF THE, OF THE DEVELOPMENT? IT'S, IF, IF YOU COULD PLEASE, UM, RECITE YOUR STREET ADDRESS AGAIN, 18 EAST WAY, HARTSDALE, NEW YORK.

WHERE DOES IT FIT WITH RESPECT TO THE PROPERTY? UM, YOU KNOW THAT HOUSE THAT'S BUILT ALREADY? YES.

I'M ON THE OPPOSITE STREET, THE OPPOSITE SIDE.

SO I'M ON EAST WAY.

SO YOU ARE ACROSS IVY.

OKAY.

SO I, I'LL, I'M NOT ON IVY.

I I WILL PUT IN A MOMENT.

I'M OKAY.

WE HAD THE FIRST HOUSE WAS BUILT THE OPPOSITE SIDE.

NOT ON ID, BUT ON EAST WAY, IF YOU, OKAY.

SO MA'AM, HOLD, HOLD ON, AMELIA, PLEASE.

OKAY, UH, MA'AM, SO WE, NOW WE UNDERSTAND WHERE YOUR HOME IS.

UM, SO YOU WOULD LIKE TO KNOW HOW THE DEVELOPMENT IS SITUATED IN RELATION TO YOUR HOME.

DO YOU HAVE ANY OTHER QUESTIONS, MA'AM? UM, YES.

I, I AM CONCERNED ABOUT THE DRAINAGE SYSTEM BECAUSE I WAS FRIENDLY WITH THE PREVIOUS OWNERS AND ALL OF THE HOUSES IN THIS AREA HAVE A WATER PROBLEM AND BEHIND WHERE THE FLORIST WAS, WATER USED TO SHOOT OUT OF THE GROUND.

AND WE ALL, ALMOST ALL THE HOUSES ON EAST WAY HAVE SOME PUMPS AND WATER ISSUES TO THE BACKYARD.

SO I'M CONCERNED ABOUT WITH THE DIGGING AND THE WATER PROBLEMS BECAUSE THAT AREA'S HAD A LONG, THAT SOURCE HAS HAD A LONG HISTORY DATING BACK OVER 50 YEARS OF HAVING, UM, OF HAVING EXCESS WATER IN THE GROUND.

SO I JUST WANNA MAKE SURE EVERYBODY'S AWARE OF THAT SO THAT WHEN THEY'RE WORKING ON IT, WE DO NOT HAVE RUNOFF INTO OUR HOMES AND INTO OUR YARDS.

UM, AND THERE IS A HISTORY OF THAT THROUGH THE TOWN OF GREENBURG, AND I THOUGHT THAT THE HOUSE THAT WAS ALREADY BUILT WAS LIKE 3,500 SQUARE FEET AND HEARD, AND I HEARD SOMEBODY MENTION THAT THEY, THAT THEY COULDN'T GO OVER 2,700.

OKAY.

MA'AM, ANY OTHER QUESTIONS OR IS THAT IT? ALSO, UH, I KNOW A COUPLE OF THE NEIGHBORS WROTE IN LETTERS AND I WAS WONDERING IF YOU'D BE RE IF YOU WOULD BE READING THEM TONIGHT.

OKAY.

UM, ANY OTHER QUESTIONS, MA'AM? NOPE, THAT'S IT.

THANK YOU.

ALL RIGHT.

SO, UM, EMIL, YOU SEE WHERE THE, IS IT OKAY IF WE HAVE THE APPLICANT ADDRESS? YES.

ALL RIGHT.

THE, IF, IF THE GRAPHICS ON THE BOARD, UH, REPRESENT YOUR HOUSE, UM, THE, THE DRIVEWAY WILL BE COMPLETELY ON THE OTHER SIDE OF YOUR, OF THE COMMON, UH, PROPERTY LINE.

SO, UH, THE ORIGINAL DRIVEWAY IN THE ORIGINAL SUBDIVISION WAS ON YOUR SIDE.

THE PROPOSED TO BE BILLED WILL BE ALL THE WAY ACROSS 125 FEET TO THE OTHER SIDE.

DO YOU, WHEN YOU SAY THE OTHER SIDE, DO YOU MEAN IV? YES.

OR ON YES, IT WOULD, IT WOULD TOUCH THE PROPERTY LINE OF THE NEW HOUSE THAT WAS BUILT.

SO IT'S GONNA BE IN THE MIDDLE OF THE, OF THE WHOLE DEVELOPMENT? NO, NO, IT'S NOT IN THE MIDDLE.

THE PROPERTY AS IS BEING PROPOSED, UH, UH, IF YOU LOOK, IF YOU, ARE YOU LOOKING AT THE MEETING? CAN YOU SEE THE GRAPHICS THAT WE HAVE? I CAN SEE LOT THREE, LOT FOUR.

OKAY.

LOOK AT LOT FOUR, LOT FOUR TOUCHES YOUR YARD, YOUR BACKYARD.

OKAY.

THE GO ALL THE WAY TO THE RIGHT.

AND THAT'S WHERE THE ROAD IS.

IN OTHER WORDS, YOU, YOU, WE, IT IS AS FAR AWAY FROM YOUR LOT AS IT IS POSSIBLE.

OKAY.

SO IT'S GOING TO BE IN BETWEEN THE HOUSES.

OH, YOU MEAN BETWEEN

[01:40:01]

THE YES, YES.

IT WILL BE BETWEEN THE HOUSES THAT'S ALREADY BUILT AND THE HOUSES BEING PROPOSED FOR LOT FOUR.

YES.

OKAY.

THANK YOU.

OKAY.

IF YOU COULD PLEASE SPEAK TO THE, UH, STORMWATER THAT YOU'VE BUILT IN THE PROJECT.

WELL, THE STORMWATER, WE HAVE AN ELABORATE SYSTEM OF, UM, OVER DESIGN, ALWAYS OVER DESIGN OF STORM, STORM WATER HIGH, UM, SYSTEMS THAT WILL PICK UP ALL THE SURFACE WATER FROM THE ROAD AND TAKE IT TO INDIVIDUAL DRY WELLS, WHICH OVERFLOW AFTER A 25 YEAR STORM INTO THE CITY STORM WATER SYSTEM.

UM, IN DOING THAT, IT, IT'LL REALLY HELP THE SITUATION IN THE AREA.

WE ALSO HAVE INDIVIDUAL, UH, UH, CALTECH UNITS, WHICH ARE UNDERGROUND STORAGE SYSTEMS FOR THE HOMES.

AND DEPENDING ON THE SIZE, DEPENDING ON THE IMPERMEABLE SURFACES THAT WE END UP OR THE OWNER ENDS UP BUILDING, UH, THEY WILL BE DESIGNED AND APPROVED AND SUBMITTED TO THE ENGINEERING DEPARTMENT.

UH, THE, THE MOMENT THAT THOSE HOUSES BECOME A, A REALITY IN TERMS OF SUBMISSION TO THE SYSTEMS, TO THE BUILDING DEPARTMENT.

SO ALL OF THAT.

BUT WE ARE ALLOCATING, UH, THE UNITS IN THE REAR IN THE SIDE TO ACCOMMODATE, UH, WHATEVER STORMWATER 25 YEAR EVENTS, UM, ARE NEEDED AS WE DID FOR THE HOUSE THAT WAS ALREADY BUILT.

OKAY.

LAST OR TWO MORE THINGS.

DO, DO YOU, DO YOU KNOW OFF HAND THE SIZE OF THE HOME THAT WAS BUILT, UH, BY YOUR CLIENT? ON 2,800? I THINK? I'M NOT SURE.

27.

2,800.

OKAY.

THANK YOU.

AND IT WAS A PREFAB HOUSE FOR THE BOARD.

UM, THERE WERE TWO COMMENTS THAT WERE RECEIVED.

UH, I EMAILED THEM TO YOU.

UM, ALBEIT, YOU KNOW, JUST BEFORE THE MEETING I DID PROVIDE, UH, THE BOARD WITH A COPY OF, UM, THAT, THAT CORRESPONDENCE.

THERE WAS AN, UH, FOR THE RECORD, STEVE CORNELL TO NORTHWAY, UH, SUBMITTED EMAIL CORRESPONDENCE AS DID, UH, ROBIN GLATT AT SEVEN NORTHWAY.

UM, I HAVE THEM HANDY.

IT'S UP TO THE BOARD, UH, WHETHER YOU WANT THAT READ INTO THE RECORD OR NOT.

I I HAVE NO OBJECTION.

WE HAVE THEM, WE DON'T THINK WE NEED TO READ THEM INTO THE RECORD.

OKAY.

BUT I THINK MOST OF WHAT THEY WROTE YOU COVERED YES.

REGARDED STORMWATER.

YES.

IT'S GENERIC.

UM, DRAINAGE YEAH.

AND FEARS.

I, I MUST ADD THAT THE HOUSE WAS, THAT WAS BUILT, UM, BROUGHT THE VALUE UP.

I IT WAS SOLD FOR 1,000,003.

I, IT'S IMPORTANT, I DON'T KNOW IF THE NEIGHBORS KNOW THAT, BUT THAT'S A, THAT'S A PLUS FOR THE NEIGHBORHOOD, A REAL PLUS.

AND I'LL ALSO JUST COMMENT THAT AN ENVIRONMENTAL REVIEW WAS CONDUCTED BY THE PLANNING BOARD.

YES, YES.

IT, IT WE'RE BASICALLY AT THE END OF THE PROCESS.

AND AS I SAID, UH, THE BUILDING DEPARTMENT PICKED ON SOMETHING THAT NOBODY HAD SEEN.

EVEN I, SO, SO, I'M, I'M JUST, I'M JUST A LITTLE CURIOUS.

IT, IT SEEMS A LITTLE CONFUSING, THE GREEN PART THAT YOU'RE LOOKING FOR.

THE VARIANT, YOU'RE NOT LOOKING FOR THE VARIANCE FOR THE GREEN PART, EVEN THOUGH IT SAYS YOU NEED 10 FEET CLEARANCE THERE, THIS WON.

NO, I PRECISELY, I PRECISELY GAVE YOU THIS GRAPHIC SO THAT YOU COULD UNDERSTAND.

'CAUSE IT'S, HOW HARD TO EXPLAIN THAT THE YELLOW PORTION THAT IS NEEDED TO BE FABRICATED FALLS WITHIN THE 10 FOOT SIDE YARD, WHICH IS THAT RED STRIP THAT'S INTERCEPTED BY THE GREEN.

SO IF THE GREEN WASN'T THERE, THE RED WOULD COMPLETE THE OUTER, UH, UH, RECTANGULAR SHAPE.

BUT BECAUSE OF THE YELLOW PAVEMENT, UH, IS INTRUDING INTO THE 10 FOOT, BUT IT IS ONLY THE CORNER ON THE VERY BEGINNING OF THE YELLOW PAVEMENT THAT NEEDS THE VARIANCE, THAT'S THE SMALLEST DISTANCE.

SO I BELIEVE, JUST TO BE CLEAR, I MEAN, UNLESS I'M MISTAKEN, THE GREEN IS EXACTLY WHAT THE VARIANCE IS NEEDED FOR.

CORRECT.

IT LOOKS LIKE YOU SHOW THAT GREEN EDGE ROUGHLY TWO POINT.

I THOUGHT YOU WERE SAYING IT, IT WASN'T THE GREEN WAS THE LITTLE PIECE OF YELLOW.

I THINK HE WAS MISSTATING IT.

OKAY.

WE CAN GO BACK AND MAYBE I DID SAY THAT, BUT I DON'T THINK SO.

I SAID GREEN.

HE DID? YEAH.

THAT'S BECAUSE I PUT GREEN FOR HOPE STATED.

I THINK YOUR GRAPHIC, WHICH I DON'T HAVE, BUT I'M LOOKING, UM, THAT PORTION OF THE DRIVEWAY IS SET.

LOOKS LIKE THIS IS THE VARIANCE, IS THE GREEN.

EXACTLY.

YES.

OKAY.

I MISHEARD.

I HEARD IT THE OPPOSITE.

THERE'S A POEM IN SPANISH AND IT'S ALL ABOUT GREEN AND IT'S ALL ABOUT HOPE.

BETTER.

VERY FAMOUS.

JUST CURIOUS, WOULD, WOULD YOUR CLIENT BE OPEN TO, UM, CONSISTENT DRIVEWAYS WITH, FROM THE PRIVATE PROPERTY LINE IN WITH THE PERMEABLE PAVERS FOR FOUR HOUSES, WHAT THE PLANNING BOARD WANTS THEY WILL GET? THAT'S A GENERAL STATEMENT, BUT THAT'S, UM, I THINK IT'S GOOD.

AND I THINK IT, IT JUST LESSENS THE FEAR THAT EVERYBODY HAS WITH DRAINAGE.

[01:45:01]

WE'RE OVERDOING THE DRAINAGE AND THIS JUST PART PAR FOR THE COURSE.

AND THAT POET WAS KILLED BY THE, UH, IN THE CIVIL WAR OF SPAIN.

IT WAS TERRIBLE.

THEY KIDNAPPED IN THE MIDDLE OF THE NIGHT AND THEY SHOT HIM AND HE WAS A FAMOUS, AMAZING POET.

HEY, JUST UNNECESSARY INFORMATION, BUT I THOUGHT ABOUT IT.

UM, ANYTHING ELSE? NO.

ALRIGHT.

THANK YOU.

GARCIA WAS HIS NAME.

THANK YOU.

THANK YOU.

ALRIGHT, ONE MORE.

IT'S 11, NOT 10.

ALRIGHT, THE LAST, IS THIS THE LAST ONE? YES.

THE LAST CASE ON TONIGHT'S AGENDA.

2241.

28 FLORENCE AVENUE.

OH, OH OH, OKAY.

YES.

OKAY.

MY NUMBER ONE OLD AND NUMBER ONE NOON.

OH, GOOD EVENING.

SO, UM, MY NAME IS KIMONA HANSON.

THIS IS MY HUSBAND.

I'M PASCAL MOA.

AND, UM, THESE ARE ALL THREE KIDS.

ANY OF THAT, UM, YOU WANNA SIGN? OKAY.

UH, FIRST OF ALL, UM, WE ARE VERY THANKFUL TO THE DISTINGUISHED GUEST FOR, UH, INVITING US HERE TODAY.

UH HMM.

IT IS BEEN A WHILE.

UH, IT'S BEEN OVER A YEAR NOW.

UM, READ IT.

, UH, I THINK FEBRUARY 3RD 2, 20 23 WILL BE 10 YEARS THAT WE HAVE BEEN HERE IN GREENBERG.

AND SO WE ARE GREENBERG CITIZENS THROUGH AND THROUGH, UH, WE HAVE BEEN HERE, WE LIVE HERE, WE WORK HERE.

UM, IT WAS LAST YEAR, SEPTEMBER 2ND, I THINK IT WAS, UH, WEDNESDAY, UH, WHEN A CALM DAY TURNED INTO A VERY TRAUMATIC DAY FOR MYSELF, UH, AND MY FAMILY.

OKAY, LEMME START.

SO ON SEPTEMBER 1ST, 2021, OUR HOME WAS BADLY BATTERED BY THE HURRICANE IDA.

UM, WE LOST ALL OF OUR BELONGINGS.

UM, ALL OF OUR BELONGINGS WERE COMPLETELY SUBMERGED IN THE WATER.

IT ROSE TO NECK LEVEL.

UM, ONE WAS ORDINARILY, UM, SUPPOSED TO BE A QUIET NIGHT AS I TUCKED MY KIDS IN BED AND READ THEM BIBLE STORIES.

PREPARING FOR A GOOD NIGHT'S SLEEP SOON TURNED INTO A DISASTER.

UM, THAT HAS HAUNTED US EVEN UP TILL TODAY.

UM, THE HURRICANE WITH THE HEAVY RAIN IT BROUGHT WITH IT, UM, SEVERAL HOURS.

UM, ME AND MY HUSBAND, WE STRUGGLED TO GET OUT OF THE HOUSE WITH SOME OF OUR BELONGINGS WHERE WE, WE WEREN'T ABLE TO GET EVERYTHING.

WE TRIED TO PUT AS MANY THINGS AS WE COULD ON TOP OF OUR BED, WHICH WAS A, A KING SIZE BED, BUT THE WATER SOON ROSE TO FIVE FEET.

UM, SO WE HAD NO OTHER OPTIONS, BUT TO JUST LEAVE THE HOUSE WITH THE KIDS AND GO TO OUR NEIGHBOR'S HOUSE WHOSE HOUSE WAS, UM, ON A MORE ELEVATED PLANE.

SINCE THAT DAY, SEPTEMBER, MY CHILDREN AND I HAVE BEEN LIVING IN AN UNSETTLED LIFE.

WE'VE BEEN MOVING FROM NEIGHBOR'S COUCHES, HOPPING FROM HOTEL TO HOTEL, TO ONE RELATIVE'S, HARD FLOOR TO ANOTHER.

YOU KNOW, AT THAT TIME, UM, I WAS JUST SIX MONTHS PREGNANT WITH MY SON.

AND ALTHOUGH, YOU KNOW, NOW WE HAVE, YOU KNOW, THE BABY HERE, HE HAS NEVER KNOWN THE PEACE OF SETTLING IN A PROPER HOME.

MY CHILDREN AGE 12 AND NINE, AND NOW MY NEWBORN, WHO'S SIX MONTHS, YOU KNOW, THEY, THEY BARELY HAVE A GOOD NIGHT'S SLEEP.

THEY'RE ALL PRETTY MUCH VERY TRAUMATIZED, UM, BY THE EVENTS OF THAT NIGHT.

AND, YOU KNOW, WE ARE STILL CONTINUING WITH THE STRESS OF IT.

UM, IT DOES BREAK MY HEART EVERY DAY, WAKING UP EVERY MORNING AND SEEING BAGS UNDER THEIR EYES AND, YOU KNOW, WAKING THEM UP FROM BAD DREAMS. AND THEY'VE LOST SO MUCH WEIGHT SINCE THAT, YOU KNOW, THAT TIMEFRAME BECAUSE WE'VE LOST EVERYTHING FROM CLOTHES, IMPORTANT DOCUMENTS.

WE LOST OUR CAR.

UM, EVERYTHING ON THE PROPERTY GOT SUBMERGED INTO THE WATER AND

[01:50:01]

WE HAD, UM, WE COULD, WE HAD THAT, UM, WE HAD NOTHING THAT REALLY COULD ASSIST US.

WE WERE UNABLE TO REBUILD OUR HOUSE, UM, AS A RESULT OWING TO THE HURRICANE.

UM, AND SO WE ARE HERE TODAY TO PLEAD AND APPEAL TO YOU GUYS TO ALLOW US TO BUILD A TWO FAMILY, UM, RESIDENCE ON THERE.

SO ORIGINALLY WHEN WE MOVED TO, UM, THE TOWN OF GREENBURG, WE WERE AWARE THAT OUR EXISTING HOME WAS A U A R, WHICH WAS A URBAN, UM, DEVELOPMENT.

AND, UM, AT LEAST IN THE FUTURE, WE KNEW THAT WE COULD HAVE AT LEAST TURNED IT INTO A TWO FAMILY.

UM, AND SO WE, ONCE WE, ONCE THAT SITUATION HAPPENED AND, UM, WE LOST OUR HOME, WE QUICKLY GOT, UM, AER UH, THE ARCHITECT TO HELP US DESIGN THE, UM, THE HOUSE FOR US.

AND HE ALSO, WHEN HE LOOKED IT UP ONLINE, HE SAW THAT IT WAS STILL LISTED AS A U A R.

SO WE WENT FORWARD AND DID PLANS FOR TWO FAMILY, UM, BASED ON WHAT WE FOUND ONLINE, UM, TO LATER LEARN THAT THEY HAD ACTUALLY CHANGED IT FROM A U A R TO, UM, A SINGLE FAMILY DEVELOPMENT.

UM, MY CONTRACTOR'S ON THE LINE AND I WOULD LIKE HIM TO TOUCH ON THIS PIECE ABOUT IT A LITTLE BIT MORE 'CAUSE HE'S BEEN THE ONE ON IT DOING A LOT OF THE RESEARCH AND GOING BACK AND FORTH AND HE WOULD BE ABLE TO SHED MORE LIGHT.

HIS NAME IS JOHN CABALLERO AND HE'S ON NOW.

OKAY, GO AHEAD.

OKAY, SIR, IF YOU CAN UNMUTE YOUR MIC MAY BE FROZEN.

UM, OKAY.

UM, HOPEFULLY HE COMES BACK.

IT LOOKS LIKE HE DROPPED OFF FOR A SECOND.

OKAY.

SO I CAN, I HAVE YOUR PLANS HANDY AND, UM, OKAY.

UM, SO I, UM, SO JUST CONTINUING WITH WHAT I WAS TALKING ABOUT.

SO, YOU KNOW, AT THIS MOMENT WE ARE PAYING MORTGAGE ON THE EXISTING PROPERTY.

UM, WE'RE PAYING ABOUT 28 50 ON THAT PROPERTY, ON FOR THE MORTGAGE.

AND WE'RE ALSO NOW STAYING AT THE GLASS HOUSE.

UM, WE WERE ABLE TO GET A RENTAL THERE, UM, WHICH IS 38 50.

SO WE'RE PAYING 38 50 THERE.

AND WE'RE PAYING MORTGAGE, WE'RE STILL PAYING OUR MORTGAGE NOW.

OUR MONTHLY EXPENSES ARE OVER $6,000, $6,000.

IN ADDITION, WE'VE HAD TO TAKE OUT A LINE OF EQUITY TO HELP US TOWARDS BUILDING THE HOUSE.

AND PRETTY MUCH ALL OF OUR SAVINGS, EVERYTHING THAT WE'VE HAD THAT WE'VE BUILT OVER THE YEARS, EVERY MONEY THAT WE'VE BEEN ABLE TO SAVE OVER THE YEARS IS NOW GOING TOWARDS THE BUILDING OF THIS PROPERTY.

UM, FROM THE RESEARCH, IT LOOKED LIKE BUILDING THE TWO FAMILY WAS ACTUALLY MORE COST EFFICIENT THAN JUST BUILDING A SINGLE FAMILY.

AND SO THAT'S ONE OF THE REASONS WHY WE DECIDED TO GO THAT ROUTE.

UM, SO WHEN I REACHED OUT TO THE CONTRACTOR, UM, AND THE GREENBERG ARCHITECT LAST YEAR, WHEN WE LOST OUR HOME, IT WAS LISTED AS A U A R, LIKE I MENTIONED, AND THE WEBSITE STATED THAT.

SO WE CREATED PLANS FOR A TWO FAMILY IN OUR AREA.

EVERYONE'S HOME IN MY AREA ARE TWO FAMILIES.

IN ADDITION TO THE WEBSITE SAYING THAT WE HAVE TO HAVE 3000 SQUARE FEET PER EACH DWELLING.

AND THE REQUIREMENT WAS 6,000 SQUARE FEET FOR A TWO FAMILY, WHICH WE HAVE, WE ACTUALLY HAVE, OUR HOME WAS 6,500 SQUARE FEET.

UM, CURRENTLY WE SUBMITTED OUR PLANS AND WE WERE DENIED THAT WE NEEDED TO USE VARIANCE FOR 7,000 SQUARE FEET, BUT THE WEBSITE SAID 6,000 SQUARE FEET.

AGAIN, I ALSO PROVIDED AN ATTACHMENT IN THE, UM, PAPERWORK, MA'AM.

UH, JUST WHICH WEBSITE WAS THAT? IF YOU, IF YOU HAVE IT.

UM, I PRO, I, I PUT, I PUT A COPY OF IT IN THE PACKET.

OKAY.

SORRY, I DIDN'T MEAN TO INTERRUPT.

MM-HMM.

, YOU CAN KEEP GOING.

OKAY.

OKAY.

SO, UM, OVER 90% OF THE PROPERTIES IN MY NEIGHBORHOOD ARE TWO FAMILY DWELLINGS.

AND THERE ARE ALSO BUILDING A 200 UNIT MULTI-FAMILY HOME ACROSS THE STREET FROM WHERE I AM.

SO I'M ON FLORENCE AND THEN MANHATTAN AVENUES THE CROSS STREET.

AND SO WE TOOK PHOTOS OF PRETTY MUCH ALL OF THE PROPERTIES THAT ARE IN OUR AREA.

WE'RE NOT LOOKING TO SET A PRECEDENCE, WE ARE JUST LOOKING FOR OUR PROPERTY TO GET GRANDFATHERED IN.

UM, NO, NO, YOU CAN SHOW THESE PHOTOS TO THEM.

SO I INCLUDED PHOTOS OF HOW THE, UM, HOUSE LOOKED AFTER THE FLOOD.

AND THEN THESE ARE THE TWO FAMILY DWELLINGS THAT ARE SURROUNDING OUR AREA, ALONG WITH THE ADDRESSES OF THEM BEHIND THE, UM, BEHIND THE

[01:55:01]

PICTURES.

YOU CAN GIVE THAT TO THEM TOO.

SO ABOUT 10, I WANNA SAY 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14.

ABOUT 14 OF THE PROPERTIES IN OUR SURROUNDING AREAS ARE TWO FAMILIES.

WE DID SPEAK TO QUITE A FEW OF OUR NEIGHBORS ABOUT THE PLAN AND WHAT WE WANTED TO DO, AND MANY OF THEM WERE IN AGREEMENT WITH US AND MANY OF THEM HAVE JOINED THE, THE ZOOM CALL AS WELL.

UM, SO WE ARE JUST ASKING FOR THE TOWN OF GREENBURG TO PLEASE APPROVE OUR REQUEST SO THAT WE CAN BUILD OUR HOMES.

UM, THIS WILL HELP US TO MITIGATE ALL OF OUR EXPENSES, OUR EX UM, OUR COSTS, EXPENDITURES, ALL THE DEBT WE HAVE ACCUMULATED.

WE'VE ACCUMULATED SO MUCH DEBT.

I CAN'T EVEN TELL YOU HOW MUCH DEBT WE HAVE ACCUMULATED.

SO I FEEL LIKE THE TWO FAMILY WERE HELP TO, TO BRING DOWN THE COST OF OUR STUFF.

SO, YOU KNOW, HAVING SOME, HAVING ONE OF THE, THE SECOND APARTMENT AS YOU KNOW, RENTING IT TO SOME, A FAMILY MEMBER, WE ALREADY HAVE A FAMILY MEMBER THAT'S WILLING TO STAY THERE, THAT WILL HELP TO OFFSET OUR EXPENSES.

UM, I'VE ALSO BROUGHT RECEIPTS FROM CURRENTLY WHERE WE ARE STAYING AT NOW, WHERE WE ARE PAYING THERE NOW.

AND THEN, UM, YOU KNOW WHAT WE ARE PAYING FOR A MORTGAGE, I CAN SHOW YOU JUST SO YOU CAN SEE, YOU KNOW, UM, BECAUSE OF HOW MUCH, BECAUSE OF THE INFLATION AND WHAT'S GOING ON IN THE COUNTRY, THE COST OF SUPPLIES HAVE REALLY GONE UP.

LIKE WHAT IT WOULD COST TO JUST BUILD A SINGLE FAMILY PROBABLY BEFORE WAS LIKE MAYBE 200,000.

IT'S NOW ALMOST LIKE FOUR, 500,000, WHICH WAS JUST A LITTLE BIT LESS THAN WHAT A TWO FAMILY WOULD COST US.

SO IT WOULD'VE JUST MADE SENSE TO JUST CONTINUE WITH THE TWO FAMILY AND IT WOULD'VE HELPED US TO, YOU KNOW, PAY OFF A LOT OF OUR DEBT.

SO AT LEAST WHEN WE MOVE IN PART OF WHAT WE ARE GETTING, WE WOULD BE ABLE TO PAY OFF OUR DEBT, YOU KNOW, TOWARDS THE MORTGAGE AND ALL THE, THE LOANS THAT WE HAVE TAKEN.

UM, LIKE WE'RE REALLY GOING, WE'RE LIKE DOING HAND TO MOUTH, LITERALLY, YOU KNOW, AND I GIVE THIS TO THEM, YOU CAN SEE A MORTGAGE STATEMENT.

UM, SO, YOU KNOW, WE KNOW THAT THIS IS NOT COMMON NOW WITH, SINCE THEY'VE CHANGED THE, UM, SINCE THEY'VE CHANGED THE, UH, ZONING.

SO, YOU KNOW, WE ARE JUST ASKING FOR US TO BE GRANDFATHERED AND WE DON'T WANT TO, WE DON'T WANT TO SET UP PRECEDENCE.

WE DON'T WANT TO CAUSE ANY CHANGES IN THE TOWN, BUT WE ARE JUST ASKING FOR US TO BE GRANDFATHERED IN.

AND YOU KNOW, LIKE I SAID, WE'VE SPOKEN TO MANY OF OUR NEIGHBORS, MOST OF OUR NEIGHBORS IN FRONT SIDE OF US, THEY'RE, THEY'RE ALL MULTI-DWELLING.

SO, UM, AND THEN JUST ACROSS THE STREET YOU SEE THEM BUILDING THAT BIG MULTI-FAMILY HOME.

UM, SO IT WOULD JUST HELP US A GREAT DEAL IF WE HAD A TWO FAMILY RATHER THAN GOING INTO A SINGLE FAMILY.

MY HUSBAND WANTS TO TALK.

YEAH.

UM, AND UH, THIS WAS NECESSARY BECAUSE, UH, AFTER WE HAD THE SITUATION, UM, WE, WE WENT FOR A PROGRAM AFTER PROGRAM, AFTER PROGRAM AFTER PROGRAM.

AND IT WAS TO NO AVAIL.

WE DIDN'T GET ANY HELP, SO WE HAD TO TAKE IT UP ON OURSELVES TO DO EVERYTHING BY OURSELVES.

EVERYTHING, FOOD, CLOTHING, EVERYTHING.

WE HAD TO, WE HAD TO, EVERYTHING WAS GONE, EVERYTHING.

SO FOR ALMOST ONE AND A HALF YEARS, WE HAVE BEEN DOING EVERYTHING BY OURSELVES.

NO HELP, NO HELP.

AND FOR A YOUNG FAMILY WHO IS TRYING TO BUILD SOMETHING FOR OURSELVES, WE HAVE WORKED SO HARD AND THEN WE NEED HELP AND WE DON'T GET HELP.

WE DON'T GET HELP.

AND, AND THAT IS THE, THAT IS WHY WE ARE HERE TODAY.

MM-HMM.

.

AND APPARENTLY WE WERE TOLD THAT, UM, THIS FLOOD HAD HAPPENED PREVIOUSLY.

WHOEVER LIVED IN THE HOUSE HAD THE FLOOD.

THEY NEVER TOLD US.

SO IT'S KIND OF LIKE THEY OMITTED INFORMATION, YOU KNOW.

AND THEN WE BOUGHT THE HOUSE AND WE BOUGHT THE HOUSE AND, UM, APPARENTLY THEY SAID THAT THE GUTTERS IN THE TOWN HADN'T BEEN CLEANED FOR OVER 20 YEARS BECAUSE THEY TRIED TO GET TO THE ROOT OF WHY THE, THE WATER

[02:00:01]

DID NOT GO INTO THE DRAIN.

SO IT COMING TO FIND OUT, UM, APPARENTLY THE DRAINAGE HADN'T BEEN CLEANED, THEY DIDN'T KNOW WHO OWNED THE, THE WHO WAS SUPPOSED TO CLEAN IT, WHETHER IT WAS A TOWN OR GREENBURG OR THE CITY OF NEW YORK.

THAT'S THE BACKSTORY.

AND SO NOW THEY KNOW WHO OWNS IT.

AND SO THEY WERE ABLE TO CLEAN THE DRAINAGE NOW AFTER ALMOST 20 SOMETHING YEARS.

SO IT WAS PILED UP WITH ALL KINDS OF STUFF IN THERE, WHICH IS WHAT CAUSED ALL OF THE WATER TO KIND OF COME UP.

SO IT WAS LIKE WE, WE ENDED UP GETTING THE BRUNT OF IT BECAUSE NOW WE MOVED IN.

WE DIDN'T EVEN KNOW THAT THE PREVIOUS OWNER HAD THE SAME SITUATION UNTIL I THINK WHEN WE BOUGHT FURNITURE.

AND THE GUY CAME AND WAS LIKE, OH, UM, THIS IS THE HOUSE THAT GOT FLOODED.

AND WE WERE LIKE, WHAT? YOU KNOW? AND EVEN WE DIDN'T THINK ANYTHING OF IT.

WE WAS JUST LIKE, OH, OKAY.

THAT WAS, AT THAT TIME MY SON WAS JUST ABOUT ONE YEARS OLD WHEN, WHEN HE SAID THAT.

BUT WE DIDN'T THINK ANYTHING OF IT UNTIL THIS HAPPENED TO US.

UM, IN 20, IN 2021, WHAT YEAR DID YOU BUY THE HOUSE? WE PURCHASED THE HOUSE IN 2013.

I WAS ALSO SIX MONTHS PREGNANT WITH MY SON, WHO'S NOW NINE YEARS OLD.

AND, AND WHAT IS THE STATUS OF THE EXISTING HOUSE? IT'S CONDEMNED.

THEY HAD TO KNOCK IT DOWN BECAUSE IT HAD BLACK MOLD ALL OVER THE HOUSE.

IT WAS UNLIVABLE, WE COULDN'T LIVE IN IT.

SO THE, THE TOWN OF GREENBURG HAD, UM, UH, HAD TO CONDEMN IT.

THEY HAD TO PUT A CONDEMN ON IT AND KNOCKED IT DOWN.

SO IT IS BEEN D UM, DEMO IZED.

IT'S BEEN DEMONIZED.

MM-HMM.

WE DID THE DEMOLITION LIKE MAYBE MAY A FEW MONTHS BACK.

IT WAS COMPLETELY UNLIVABLE.

'CAUSE IF WE COULD'VE LIVED IN IT, WE WOULD'VE JUST STAYED IN IT, PATCHED UP SOME FUEL WALLS AND, AND JUST CALLED IT A DAY.

BUT THEY, IT WAS JUST BLACK MOLD ALL OVER.

IF YOU WALKED IN, YOU WOULD HAVE TO WEAR A MASK AND OTHER THINGS JUST TO KEEP YOURSELF FROM INHALING THE, UM, THE, THE CONTENTS OF, UM, OF THE, OF THE MOLD.

NOW WE, WE'VE BEEN, IT'S BEEN MENTIONED THAT YOU'VE, YOU'VE, YOU'VE MENTIONED THAT YOU'VE SPOKEN TO SOME PEOPLE AT THE TOWN OF GREENBURG AND I GATHER THEY'VE EXPLAINED THE COMPLEXITIES AND THE INTRICACIES THEY DID MM-HMM.

OF WHAT NEEDS TO BE MM-HMM.

.

SO I WISH MY CONTRACTOR WOULD BE, WAS ONLINE TO, TO TALK.

IS HE, IS HE BACK? UM, THERE WAS SOMEONE ON AN IPHONE THAT I THINK THEY CHATTED WITH ME.

I DON'T KNOW IF THAT WAS THEM.

UM, I DON'T BELIEVE SO, BUT IF THE ARCHITECT IS ON BY ALL MEANS HE SAYS, I SEE YOU, BUT I DON'T HEAR YOU.

YEAH, HE CHATTED THAT TO ME AS WELL.

AND, UM, CAN I CALL HIM ON THE PHONE OR IS THAT NOT ALLOWED? SURE.

OKAY.

SORRY.

I COULD PUT HIM ON SPEAKER.

TAKE HIM ON.

ALRIGHT.

SO I HAVE THE, THE SOUND OF GREENBURG HERE.

I'M, I HAVE YOU ON SPEAKER PHONE.

OKAY, COOL.

'CAUSE I CAN'T, I DON'T KNOW WHAT'S HAPPENING.

I DON'T, I SEE YOU GUYS, BUT I CAN'T HEAR YOU.

SO WE CAN HEAR HIM PERFECT.

RIGHT NOW.

IF HE WANTS TO, UM, JUST IDENTIFY HIMSELF AND, UM, PLEASE, PLEASE, UH, YOU KNOW, FEEL FREE TO SPEAK MM-HMM.

.

SO IF YOU CAN IDENTIFY HIMSELF AND, UM, AND THEN YOU CAN TALK.

OKAY.

UH, MY NAME IS JOHN CABALLERO.

I'M A BUILDER HERE IN WESTCHESTER COUNTY.

AND, UM, I WAS HIRED TO BUILD, UH, KIMONA AND HER HUSBAND A, A NEW HOME.

AND, UM, WE PUT THE PLANS IN, UH, A COUPLE MONTHS AGO.

UM, BUT, YOU KNOW, EARLY THE YEAR I WAS TALKING TO ROBERT DAM ABOUT IT, AND, UM, HE SAID THAT WE ARE GONNA HAVE TO COME BEFORE YOU TO GO TO THE BOARD, BUT THEY, HE SAID THAT BECAUSE THEY WERE BUILDING THE, UM, I GUESS THE COMPLEX CROSS STREET ON MANHATTAN AVENUE AND STUFF LIKE THAT, HE DIDN'T THINK ANYTHING WAS GONNA HAVE ANY EFFECT ON THIS.

UM, AND UM, UNFORTUNATELY HE PASSED AND, YOU KNOW, GOOD, HE WAS A GOOD MAN.

UM, AND, UM, THIS WAS MONTHS AGO AND, UM, WE'VE BEEN DOING THIS FOR A YEAR NOW.

WE HAD MICHAEL STEIN, UH, HUDSON ENGINEERING, UH, DO THE STORM RETAINAGE.

UM, WE'VE HAD A BUNCH OF PEOPLE INVOLVED WITH THIS, ENGINEERS AND EVERYTHING LIKE THAT TO TRY TO GET THIS THING DONE.

AND, UM, THAT'S PRETTY MUCH IT.

THERE'S, UH, TWO FAMILY HOMES IN THE AREA SURROUNDED OUR HOUSE.

IT WOULD MAKE ME KNOW, UM, N NOTHING OF A GREAT CHANGE TO THE NEIGHBORHOOD EXCEPT FOR THE FACT THAT

[02:05:01]

THIS HOUSE MIGHT RAISE THE NUMBERS A LITTLE BIT, YOU KNOW, UH, FOR THE HOMES IN THE NEIGHBORHOOD, UM, YOU KNOW, A NEW HOUSE.

I KNOW YOU HAVE A HIGH WATER TABLE OVER THERE, BUT WE HAVE EVERYTHING SET UP TO HANDLE EVERYTHING OVER THERE.

UM, I THINK SHE JUST WANTS TO GET BACK INTO HER HOME.

SHE WANTS HER HOME BACK.

THEY WERE THERE FOR A LONG TIME, WASN'T JUST A HOUSE TO THEM, IT WAS A HOME AND THEY'D LIKE TO, UH, GET BACK INTO ANOTHER HOME OF THEIR OWN INSTEAD OF HAVING A RENT AND EVERYTHING ELSE, AND ALL THE HARDSHIPS THAT THEY'RE GOING THROUGH.

AND I'M SURE YOU GUYS WOULD LIKE TO GET A RENT, UH, TAX, THE TAX ROLLBACK, YOU KNOW.

UM, JOHN, CAN YOU EXPLAIN WHAT, WHEN WE FIRST STARTED THE PROCESS, WHAT DID IT SHOW ON THE WEBSITE AND WHERE? OKAY, SO ON THERE, UH, YOU TALKING ABOUT THE, UM, 7,000 SQUARE FEET MM-HMM.

.

YEAH.

SO ORIGINALLY WHAT THEY HAVE, UM, THIS WAS THE THING I HAD BROUGHT UP TO ROBERT AND HE SAID, UM, THAT THEY, I GUESS THEY NEVER CHANGED, UH, ON THE WEBSITE.

IF YOU LOOK ON YOUR WEBSITE NOW, IT'S, I THINK IT'S, I BELIEVE IT'S STILL THERE.

UM, IT'S, UM, 3,500 SQUARE FEET FOR HOME, UH, PER, PER DWELLING, UH, FOR, FOR, FOR TWO, FOR DWELLING.

UM, AND IT STILL SAYS IT'S 7,000 SQUARE FEET ON THERE.

SO IT'S STILL UP ON THE WEBPAGE SHOWING THAT, UM, MATERIAL.

AND THAT'S WHAT OUR ARCHITECT, UM, HAD READ ON THAT WHEN HE STARTED THIS LAST DECEMBER ON THE DRAWINGS.

HE, HE'S, UH, ARCHITECT THAT, UM, HE'S A PLAN READER FOR THE CITY OF WHITE PLAINS.

HE'S THE HEAD, UM, PLAN READER FOR THE CITY OF WHITE PLAINS.

UM, UM, HE SAID THAT THIS WAS ON THE WEBSITE AND I SAW IT MYSELF.

I MEAN, COME ON.

YOU HAVE A, UH, YEAH, I PROVIDED A COPY IN THE PACK, THE PACKET THAT I GAVE TO, TO THEM.

I SUBMITTED WHAT IT LOOKED, WHAT IT, OKAY.

OKAY.

SO, AND I BELIEVE IT'S STILL UP THERE ON, ON THE, THE, THE, THE NUMBER IS STILL ON THERE ON THE WEBSITE.

UM, I DON'T KNOW.

I DON'T KNOW WHAT ELSE TO SAY.

I MEAN, YOU KNOW, THEY'VE HAD ENOUGH WITH A YEAR OF, UH, LOSING EVERYTHING THAT THEY'VE HAD SINCE THEY'RE ASKING EACH WEBSITE.

WHAT, WHAT'S THE WEBSITE? UM, I THINK IT'S ON THE, UM, THE ZONING, UH, HOW, HOW MANY, UH, IT SAYS THE ZONING, UM, HOW MANY SQUARE FEET AND, UM, SETBACKS AND EVERYTHING ELSE LIKE THAT.

IT'S ON THE GREENBERG GOVERNMENT, UH, WEBSITE.

OKAY.

THANK YOU.

THANK YOU.

AND I HAVE SOME OTHER NEIGHBORS.

UM, MOST OF MY NEIGHBORS CAME, ESPECIALLY THE ONES THAT ARE IN THE SURROUNDING FLORENCE AVENUE.

UM, THEY HEARD ABOUT MY STORY AND THEY ALL DECIDED TO, UM, PARTICIPATE AND BE SUPPORTIVE TO ME AS WELL.

APPRECIATE THAT.

SO, YOU KNOW, AT, AT SOME POINT TONIGHT WE WILL GET TO PUBLIC COMMENT, SO, UH, THANK YOU FOR LETTING US KNOW THAT, UM, AT THIS POINT, DOES THE BOARD HAVE ANY QUESTIONS? I JUST, I HAVE ONE.

MY FIRST QUESTION IS, WHAT YEAR WAS THE PROPERTY REZONED? YES.

SO, UM, THE REZONING, UH, FROM THE UR URBAN RENEWAL DISTRICT TO THE PRESENT ZONING DISTRICT, WHICH IS THE, UH, R FIVE LIMITED TWO FAMILY, UH, OCCURRED IN NOVEMBER OF 2018.

AND WHAT, WERE THERE OTHER, UM, PROPERTIES IN YOUR NEIGHBORHOOD THAT EXPERIENCED THE KIND OF FLOODING MM-HMM.

? YEAH.

YES, SEVERAL.

UM, SO I BELIEVE THE, THE HOUSE, UM, I FORGOT WHAT THEIR NUMBER IS.

CLARENCE'S HOUSE.

HE'S ALSO ON THE, ON THE CALL.

OH, SORRY.

UM, YEAH, SEVERAL.

UH, AND, UH, THE ONLY REASON WE WERE HIT BADLY WAS BECAUSE, UH, OUR HOME WAS A RANCH HOUSE AND IT WAS ACTUALLY THE BASE OF THE VALLEY.

MM-HMM.

.

SO ALL THE WATER CAME INTO OUR HOUSE.

UH, THE OTHER HOMES, YES, THEY GOT FLOODED.

SOME OF THEM, THEIR BASEMENTS, MOST, MOST OF THEIR HOMES AROUND US.

THE ABATEMENT ACTUALLY.

UM, OUR NEIGHBOR WHO TOOK US IN THAT NIGHT, YOU KNOW, HAD A PROBLEM WITH, WITH HIS BASEMENT, UH, THE WATER GET GOT INTO HIS BASEMENT.

AND SO, YES, UH, THE ONLY REASON I WAS, WAS WE WERE THERE, WE WERE THERE ACTUALLY, WE WERE REALLY AFFECTED, UH, BECAUSE OF WHERE OUR HOUSE, OUR HOME WAS

[02:10:01]

LOCATED.

MM-HMM.

, AND THEN IT WAS RIGHT NEXT AND THAT IT, IT WAS YES.

WHERE THE, WHERE IT STOPPED.

WHERE THERE WAS A, A, A, UM, UH, WHERE IT WAS LIKE, UM, WHAT'S THE WORD? IT, IT WAS LIKE DRAIN.

THE DRAIN WAS NOT MOVING AT ALL.

YEAH.

THERE WAS A A A DRAIN STOPPING.

YEAH.

THE DRAINAGE WAS RIGHT IN FRONT OF OUR HOUSE.

SO THE WHOLE WATER WAS COLLECTING IN THERE, AND THEN IT WAS COMING STRAIGHT INTO OUR HOUSE.

MM-HMM.

.

SO I KNOW LIKE THE, THE REMEDIATION FOR THE NEW HOUSE IS THAT THEY'RE RAISING IT UP, UM, A LITTLE BIT HIGHER SO THAT WATER WOULDN'T GO IN THERE.

OR IF THERE'S A, ANOTHER TIME OF ANOTHER FLOOD LIKE THAT HAPPENS, GOD FORBID IT WOULD BE A LITTLE BIT HIGHER UP.

SO IT WOULD PREVENT THE WATER FROM COMING INSIDE THE PROPERTY.

AND WOULD YOU CONSIDER A SINGLE FAMILY HOME BUILDING A SINGLE FAMILY HOME? UM, I MEAN, OF COURSE, BUT WE WOULD, WE WOULD RATHER GO, LIKE I SAID, WHEN WE PURCHASED THE PROPERTY, UM, THAT WHEN WE FIRST BOUGHT THIS HOUSE, WE WERE UNDER THE PRESUMPTION THAT WE WOULD'VE EVENTUALLY CHANGED IT BECAUSE WE KNEW IT WAS A U A R.

WE DIDN'T EVEN KNOW THAT THE CITY OF TOWN OF GREENBURG HAD CHANGED IT IN 2018 AND THEY REMOVED THEIR ZONING.

WE HAD NO IDEA OF IT.

YOU KNOW, WE NEVER GOT ANY PAPERWORK OR ANYTHING.

THEY SAID THAT WE, WE WERE SUPPOSED TO HAVE RECEIVED SOMETHING IN THE MAIL, BUT WE SHOULD HAVE KNOWN ABOUT IT BECAUSE EVEN THE GUY THAT LIVED ACROSS THE STREET, HE CHANGED HIS, HE WAS, HIS HOUSE WAS LIKE OURS AND HE CHANGED HIS STORE TO FAMILY.

SO WE KNEW LIKE, OH, EVENTUALLY ONE DAY WE WOULD WANT TO DO THE SAME THING.

AND, AND ALSO IT WAS NOT, EVEN THOUGH WE KNEW WE WERE VERY COMFORTABLE MM-HMM.

, YOU KNOW, IN OUR HOME AND CIRCUMSTANCES HAVE ACTUALLY, YOU KNOW, UM, PRESENTED ITSELF TO THE POINT WHERE, UH, LIKE YOU SAID, SINCE THE TIME THAT WE HAD THIS TRAGEDY, WE'VE NOT HAD ANY HELP.

WE HAVE, WE HAVE SO MUCH DEBT, HOW ARE WE GOING TO PAY FOR THIS DEBT? AND WE ALL KNOW HOW IT IS IN THIS COUNTRY.

IF YOU HAVE A DEBT, THERE'S NO WAY OUT.

YOU HAVE TO FIND A WAY OF PAYING THE DEBT.

YOU DON'T WANT THEM TO EVER USE OUR HOME OR ANYTHING LIKE THAT.

SO THAT WAS ACTUALLY THE REASON WHY WE FELT LIKE, OKAY, WHAT CAN WE DO TO BE ABLE TO SETTLE SOME OF THESE DEBT? YOU KNOW, IF WE HAVE TO GO BACK TO OUR SINGLE FAMILY, HOW ARE WE GOING TO PAY ALL THIS DEBT? UH, WHAT ARE WE GOING TO DO TO BE ABLE TO SETTLE OUR DEBTORS? MM-HMM.

AND THAT IS WHY IT CAME THAT OKAY, IF WE CAN BE ABLE TO CONVERT THAT SINGLE FAMILY HOME INTO A TWO FAMILY HOME, PROBABLY THAT CAN BE ABLE TO HELP US TO SETTLE THIS LOANS AND THIS DEBT THAT WE ARE ACCRUING.

AND IT'S NOT FOR ANY MONEY TO REGAIN THAT WE ARE ASKING FOR THIS.

NO.

IT'S JUST A WAY TO BE ABLE TO SETTLE OUR DEBT, WHICH IS TOO MUCH ON US.

MM-HMM.

.

AND WE DON'T WANT TO LEAVE THIS DEBT TO OUR CHILDREN.

AND THAT IS WHY WE'RE HERE TODAY TO PLEAD, YOU KNOW, IF WE CAN GET THAT OPPORTUNITY TO BE ABLE TO GO THAT ROUTE, TO HAVE THIS, YOU KNOW, UH, DAN FOR, SO YOU SAID THAT MICROPHONE, YOUR SPEAKER.

OH, MICROPHONE.

YOU SAID YOUR HOUSE IS DIFFERENT FROM THE OTHER HOUSES AND UNIQUE FROM THE OTHER HOUSES BECAUSE YOU WERE RIGHT NEXT TO THE DRAIN THAT WAS CLOGGED.

MM-HMM.

, YOU ALSO IMPLIED THAT YOUR HOUSE WAS LOWER ON THE SLOPE.

SO IT'S, IS IT ON A HILL OR SOMETHING? I'M TRYING TO UNDERSTAND.

NO, IT'S NOT ON A HILL.

UM, IT'S NOT ON A HILL, BUT I THINK THE, IS THAT THE LOWEST POINT? YEAH.

YEAH.

IT'S, IT'S AT THE LOWEST POINT YOU CAN REPEAT YOURSELF, JOHN.

IT'S AT THE LOWEST POINT WHERE ALL THE WATER'S GONNA GO TO ANY WATER COMING DOWN FROM THE SCHOOL.

THERE'S THE SCHOOL UP AT THE TOP, ANY WATER COMING DOWN THAT HILL IS GONNA COME DOWN.

ANY WATER COMING FROM MANHATTAN AVENUE, IT'S GONNA COME DOWN, GO INTO THEIR HOUSE.

THEIR HOUSE IS THE LOWEST POINT.

IT'S THE, IT'S THE END OF THE, UM, OF THE ROAD WHEN, AND YOU HAVE A MAJOR DRAIN THERE.

BUT I GUESS THE WATER WASN'T ABLE TO MM-HMM.

DRAIN OUT FAST ENOUGH.

YEAH.

IT WAS ACTUALLY CLOGGED FOR, FOR, UM, THE, UM, AFTER THEY WENT AND INVESTIGATED, THEY FOUND OUT IT WAS CLOGGED AND IT HAD BEEN CLOGGED FOR SO MANY YEARS.

IT HADN'T BEEN CLEANED FOR 20 SOMETHING GOOD YEARS.

H HMM.

SO, JUST SO YOU KNOW MM-HMM.

, SO USE, YOU'RE ASKING FOR A USE VARIANCE HERE.

THEY'RE, THEY'RE VERY HARD TO PROVE BECAUSE WE HAVE TO GO BY FOUR CRITERIA AND YOU HAVE TO CHECK OFF, ALL OF THEM HAVE TO BE CHECKED.

[02:15:01]

IN OTHER WORDS, IT'S DIFFERENT THAN AN AREA VARIANCE.

RIGHT.

WHERE YOU ONLY NEED, YOU KNOW, ONE OR TWO.

RIGHT.

SO YOU HAVE TO HAVE ALL FOUR MM-HMM.

.

AND SO A LOT OF, SO THE FIRST ONE IS THAT YOU CANNOT REALIZE A REASONABLE RETURN ON THE PROPERTY.

UM, AND THAT HAS TO BE DEMONSTRATED, YOU KNOW, BY FINANCIAL EVIDENCE.

SO WHAT THAT MEANS IS THAT IT'S SORT OF A PIECE OF PROPERTY THAT HAS ABSOLUTELY NO VALUE AND, AND YOU WOULD SHOW PROOF OF THAT, WHEREAS YOU TRIED TO, YOU KNOW, SELL IT.

YOU, YOU CAN'T DO ANYTHING WITH IT ALL.

WELL, WE COULDN'T SELL IT UTILITY.

YOU COULDN'T SELL IT BECAUSE OF WHAT, WHAT IT LOOKED LIKE.

I UNDERSTAND.

MM-HMM.

, BUT IT'S NOT SO MUCH THE HOUSE, UNFORTUNATELY.

IT'S THE PIECE OF LAND THAT WE'RE TALKING ABOUT.

MM-HMM.

.

SO THAT'S NUMBER ONE.

AND THE SECOND ONE IS THE HARDSHIP RELATING TO THE PROPERTY IN QUESTION.

I UNDERSTAND THAT THE HOUSE IS GONE AND WAS DESTROYED, BUT THE, THE PROPERTY IN QUESTION ISN'T NECESSARILY A UNIQUE PIECE OF PROPERTY.

IT'S NOT LIKE IT'S A PROPERTY WITH THAT'S ON A SLOPE OF A MOUNTAIN OR WITH A GIANT ROCK STICKING OUT OF IT.

I, YOU KNOW, IT'S, IT'S A SIMILARLY SITUATED PIECE OF PROPERTY IN THE NEIGHBORHOOD.

MM-HMM.

.

UM, I UNDERSTAND THAT YOU WANNA PUT A TWO-FAMILY HOUSE THERE, BUT UNFORTUNATELY THE PROPERTY WAS REZONED IN 2018 AND YOU CAN'T ANYMORE.

AND I MEAN, YOU CAN PUT A, A SINGLE FAMILY HOME THERE.

I, I UNDERSTAND WHAT HAPPENED TO YOU IS TERRIBLE AND THE CIRCUMSTANCES OF THIS ARE EXTREMELY UNFORTUNATE, BUT FOR US, IT'S VERY HARD.

WE'RE SORT OF WEDDED TO THESE FOUR FACTORS HERE.

IT'S VERY, VERY HARD FOR US TO, YOU KNOW, TO WIGGLE WITHIN THEM.

DO YOU UNDERSTAND WHAT I'M SAYING? SO, UM, I ALSO WANNA JUST SAY, DID ANYONE EVER TELL YOU HOW DIFFICULT IT IS TO GET SOMEONE DID.

AND SO WE FELT LIKE, YOU KNOW, OUR STORY IS A BIT UNIQUE.

I MEAN, WE LITERALLY LOST EVERYTHING IN THE FLOOD.

YOU KNOW, WE'RE, WE ARE SCRAPING PENNIES TO, TO BUILD THIS HOUSE, YOU KNOW, WE WANNA RECOUP MOST OF WHATEVER WE ARE GONNA PUT INTO THE HOUSE.

YOU KNOW, LIKE, DOES THAT NOT MATTER TO ANYONE THAT LIKE WE ARE, WE DON'T HAVE THE FUNDS THAT WE ARE REALLY, WE UTILIZING ALL OF OUR SAVINGS AND EVERYTHING.

I MEAN, I GUESS THAT DOESN'T REALLY MATTER.

IT'S JUST ABOUT MEETING THE FOUR CRITERIA.

YOU KNOW, LIKE WE, WE ARE, WE DON'T HAVE ANYBODY TO HELP US.

WE'VE LITERALLY LOST EVERYTHING.

WE'RE USING OUR LIFE SAVINGS TO BUILD A HOUSE.

WE'RE TAKING OUT SO MUCH LOAN, YOU KNOW, OVER OUR HEAD.

WE HAVE THREE KIDS WHO EVENTUALLY GO TO COLLEGE.

YOU KNOW, I, I MEAN, WE WE'RE NOT SAYING THAT WE'RE NOT, WE, WE, WE, WE UNDERSTAND THIS AND WE, WE HAVE COMPASSIONATE, THERE IS, THERE IS A FINANCIAL QUESTION HERE THAT WE HAVE TO RESPECT AND THAT MAY REQUIRE MORE ABILITY TO PRESENT AN ARGUMENT THAT ADDRESSES THIS QUESTION THAN, THAN YOU MAY BE ABLE YOURSELVES TO GATHER.

THAT IT NEEDS TO BE PRESENTED IN A WAY WE UNDERSTAND THE HARDSHIP AND WE UN AND WE UNDERSTAND THE LACK OF FAIRNESS IN THIS, IN, IN A GLOBAL SENSE.

I COULD UNDERSTAND IF THIS WAS NOT A, BUT THE, THE ISSUE IS NOT THAT YOU ARE HAVING A HARDSHIP PERSONALLY, WE'RE A ZONING BOARD AND WE HAVE TO GO BY THE ZONING QUESTIONS.

AND THERE'S A CERTAIN PROFESSIONAL WAY THAT IT NEEDS TO BE STATED TO MEET THESE FOUR QUESTIONS.

I GUESS WHAT, UM, IS BEING ALLUDED TO IS THAT YOU SHOULD BE TRYING TO GAIN SOME KIND OF REPRESENTATION, UH, LEGALLY TO ASSIST YOU WITH THIS.

UM, LITERALLY YOU'RE PUTTING ME IN A VERY BAD SITUATION BECAUSE I'M, I'M, I FEEL FOR YOU VERY STRONGLY, BUT I ALSO NEED TO TELL YOU WHAT THE REALITIES ARE AND WHAT YOU NEED TO DO IN ORDER TO PROVE THE NEED FOR A USE VARIANCE.

UM, ALL.

UM, ALSO, WERE YOU EXPECTING US TO APPROVE THE USE VARIANCE TONIGHT? UH, I DON'T THINK SO.

I THINK, YOU KNOW, WE JUST, WE, WE KNEW WE WERE COMING TO PRESENT TO PRESENT OUR SITUATION, UH, BREACH, FEASIBLE.

WE KNOW IT'S UNIQUE BECAUSE, UH, THE REASON IT'S UNIQUE IS MOST OF THE TIME WHEN YOU GO THROUGH THIS DISASTERS, YOU KNOW, YOU GET SOME FORM OF RELIEF.

YOU KNOW, AND IN OUR CASE, WE HAVEN'T GOTTEN ANY, WE HAVE TRIED

[02:20:01]

FEMA, WHEREVER, EVEN EVEN OUR RENT, WE ARE PAYING.

WE DON'T HAVE ANY RELIEF.

WE DO IT OURSELVES.

WE'VE BEEN DOING IT FOR OVER A YEAR.

AND SO WE FELT LIKE OUR SITUATION IS A BIT UNIQUE.

AND FOR US, WE ALSO LOVE THIS TOWN.

WE'VE BEEN LIVING HERE FOR CLOSE TO A DECADE AND WE FEEL LIKE IT'S A PLACE FOR US.

WE HAVE CONTRIBUTED INTO THIS TOWN.

WE HAVE PAID TAXES INTO THIS TOWN.

WE HAVE WORKED IN THIS COMMUNITY.

AND SO WE THOUGHT LIKE, OKAY, UH, IF THERE IS A WAY THAT WE CAN PRESENT OUR SITUATION, UH, IN FRONT OF, YOU KNOW, YOU, UH, TO SEE HOW BEST YOU KNOW, YOU, YOU GUYS CAN ALSO, UH, TAKE THAT SITUATION UP THERE TO, TO HELP US.

THAT IS WHY WE ARE HERE.

SO IT IS A PUBLIC HEARING.

UM, AND I BELIEVE THERE'S DEFINITELY AT LEAST, UH, ONE, UH, RESIDENT THAT WOULD LIKE TO SPEAK.

DO WE WANNA HEAR FROM THE PUBLIC AT THIS POINT? DOES THAT, YES, SURE.

OKAY, GREAT.

UM, I SEE THE MCMILLAN'S ON.

ARE YOU PREPARED TO SPEAK? SURE.

OKAY.

WELCOME TO YOU.

CAN YOU HEAR? YES, SIR.

YEAH.

HI.

I WAS JUST SITTING HERE, ME AND MY WIFE LISTENING, AND, UM, OTHER THAN THEM, WE LOST EVERYTHING IN OUR HOUSE.

AND WE DIDN'T HAVE, WE DON'T EVEN HAVE A BASEMENT.

WE DIDN'T LOSE THE WHOLE HOUSE LIKE THEY DID, BUT WE LOST EVERYTHING INSIDE AND OH BOY, THAT'S UNFORTUNATE.

SO, UM, IT LOOKS LIKE THEY'RE COMING BACK, BUT IF THEY CONTINUE TO HAVE THE PROBLEMS, UM, I SUS YEAH, THERE COULD BE AN NUMBER.

CAN YOU HEAR ME THERE? OKAY, YOU'RE BACK.

YES.

YEAH, WHERE WE LIVE IS AT THE END, INSIDE THE BLOCK DOWN WARREN AVENUE.

AND THERE'S A LITTLE GROVE RIGHT BY OUR HOUSE AND IT WAS BACKED UP AND WE HAD TO HURRY UP AND GET OUT.

AND BY THE TIME WE GOT OUT IN THE YARD, THE WATER WAS UP TO MY WAIST.

AND LIKE I SAID, WE DON'T HAVE A BASEMENT.

AND, UM, THIS IS THE SECOND TIME IT HAPPENED.

THE FIRST TIME IT HAPPENED WAS WHAT ALLOWED, I THINK WE LOST HIM AGAIN.

ANYWAY, WE WENT TO A HEARING ABOUT THIS BEFORE AND BASICALLY WE WANNA KNOW WHAT'S GOING TO BE DONE FOR THIS AND HOW ARE WE GOING TO BE COMPENSATED? LIKE, LIKE, LIKE THEY'RE SAYING.

I MEAN, LUCKILY WE WERE ABLE TO GET, YOU KNOW, OUR STUFF, SOME OF OUR STUFF SQUARED AWAY, BUT SOMETHING HAS TO BE DONE.

HOW CAN THIS KEEP HAPPENING EVERY FEW YEARS? AND INSURANCES DON'T WANT TO PAY AND PEOPLE DON'T HAVE MONEY LIKE THAT.

BUT OUR MAIN CONCERNS FOR OUR NEIGHBORS, WE WOULD LIKE VERY MUCH FOR THE, UM, ZONING BOARD TO CONSIDER THEIR APPEAL BECAUSE, UM, THERE ARE OTHER TWO FAMILY HOMES IN OUR AREA AND NO ONE HERE THAT I KNOW OF IN THE, IN OUR BLOCK IS.

HMM.

OKAY.

OKAY.

THANK YOU.

SO AT THIS POINT, WHAT I'M GONNA RECOMMEND, IF THEY COME BACK, I'M GONNA INDICATE TO THEM, OH, THAT, UM, WHETHER THE APPLICATION IS ULTIMATELY DECIDED TO BE ADJOURNED OR NOT, UM, THERE WILL BE AN OPPORTUNITY TO PROVIDE SOMETHING IN WRITING, BUT, UM, THIS FORMAT, UNFORTUNATELY, I DON'T KNOW IF THE WEATHER'S CAUSING INTERNET ISSUES, BUT, UM, I THINK WE, WE, IT'S, IT'S DIFFICULT TO PICK UP THIS FROM THE STENOGRAPHER'S PERSPECTIVE.

UH, IS ANYONE ELSE OUT THERE ON THE ZOOM THAT WISHES TO SPEAK ON THIS APPLICATION OR ANYONE IN THE PUBLIC? WELCOME MA'AM.

YOU SHOULD PLEASE COME UP.

I JUST HAVE A QUESTION.

YES, PLEASE COME ON UP TO THE PODIUM.

JUST COME UP AND STATE YOUR NAME FOR THE RECORD PLEASE.

MY NAME IS MARJORIE KOCH.

UM, I LIVE IN CARLTON STREET, SO I LIVE ON TOP OF THE HILL, NOT BELOW THE HILL WHERE THEY ARE, BUT IN THAT AREA RIGHT THERE, EVERY TIME IT RAINS TOO MUCH OR WHATEVER, IT DOES GET FLOOD IN THAT AREA.

'CAUSE THERE'S FOUR STORM DRAINS RIGHT IN THAT LITTLE AREA RIGHT THERE.

SO THE CITY, AS SHE SAID, HAS NOT CLEANED OUT THE STORM DRAIN.

IT'S A STORM DRAINS, THAT'S THE PROBLEM.

SO WHEN IT RAINS TOO MUCH, THE ALL HAPPENED IS THAT EVERYTHING GETS FLOODED.

COUPLE OF TIMES THE NEIGHBORS HAVE ACTUALLY CLEANED THE STORM DRAINS OUT AND IT GOES RIGHT INTO THE STORM DRAIN, THEN GO INTO THE SEWAGE.

BUT THE PROBLEM IS, IS THE STORM DRAIN THAT'S GIVEN THE PROBLEM, THERE'S A CREEK UP THE STREET FROM WHERE THEY ARE TOO.

SO IF IT GETS FLOODED, EVERYTHING, IT'S THE PERFECT STORM.

[02:25:01]

AS I SAID, I LIVE ON THE HILLS, SO I NEVER GET AFFECTED BY ANYTHING.

AND THAT'S MY, THAT'S ALL I HAVE TO SAY.

.

THANK YOU MA'AM.

THANK YOU.

IF YOU COULD PLEASE, UH, REPEAT YOUR ADDRESS.

49 CARLTON STREET.

I'M UP THE STREET.

THANK YOU.

THANK YOU.

OKAY.

THANK YOU.

THANK YOU FOR YOUR PATIENCE.

I KNOW THAT.

OOPS.

OKAY.

I BELIEVE THAT'S ALL THE SPEAKERS.

ALRIGHT, THANK YOU.

ALRIGHT, WITH THAT WE WILL ADJOURN TO OUR DELIBERATION.

RECORDING STOPPED.

EXCUSE ME.