* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] THIS IS THE [ TOWN OF GREENBURGH ZONING BOARD OF APPEALS GREENBURGH TOWN HALL AGENDA THURSDAY, January 19, 2023 – 7:00 P.M. ] ZONING BOARD OF APPEALS AND THIS IS JANUARY 19TH, 2023. AND THE MEETING WILL NOW COME TO ORDER. WE HAVE EIGHT CASES THAT ARE SCHEDULED ON TONIGHT'S AGENDA, HOWEVER, FOUR CASES HAVE ASKED TO BE ADJOURNED AND WE WILL MAKE MOTIONS ON THOSE. THEY ARE CASE 2205 OR 2237 TERRYTOWN ROAD PARTNERS, 2238 SS AND J SERVICE CENTER AND 2240 KIMONA HANSSEN. PLEASE NOTE THAT OUR NEXT MEETING WILL BE ON FEB, THURSDAY, FEBRUARY 16TH, 2023 AT 7:00 PM AND USE AS AS USUAL. IF WE CANNOT COMPLETE HEARING ANY CASE THIS EVENING, IT WOULD BE ADJOURNED TO ANOTHER MEETING HOPEFULLY TO BE COMPLETED AT THAT TIME. ALSO, AS IS USUAL TO SAVE TIME, WE WAIVE A READING OF THE PROPERTY LOCATION AND THE RELIEF SOUGHT FOR EACH CASE. HOWEVER, THE REPORTER WILL INSERT THAT INFORMATION IN THE RECORD AND THE INFORMATION ALSO APPEARS IN THE AGENDA FOR TONIGHT'S MEETING. AFTER THE PUBLIC HEARING OF TONIGHT'S CASE, THE BOARD WILL MEET IN THE ROOM THIS ROOM TO DISCUSS THE CASES WE'VE HEARD TONIGHT. EVERYONE HERE IS WELCOME TO LISTEN TO OUR DELIBERATIONS AT THAT TIME, BUT THE PUBLIC WILL NOT BE PERMITTED TO SPEAK OR PARTICIPATE. AFTER OUR DELIBERATIONS, WE COME BACK TO THIS ROOM AND ANNOUNCE THE BOARD'S DECISIONS TO FOR THE FORMAL RECORD AND FOR IT TO BE BROADCAST TO THE COMMUNITY. IF YOU'RE GOING TO SPEAK TONIGHT, YOU MUST COME UP TO THE MICROPHONE OR IF, IF YOU'RE ON THE ZOOM, THESE RULES ALSO APPLY TO YOU CLEARLY STATE YOUR NAME AND ADDRESS OR YOUR PROFESSIONAL AFFILIATION. IF YOU'RE NOT A NAMED APPLICANT, PLEASE SPELL YOUR NAME FOR THE RECORD. AND OTHER THAN THAT, I BELIEVE ALL PRIOR TESTIMONY IS NOT IN THE RECORD BECAUSE THESE ARE ALL NEW CASES THAT WE'RE GOING TO HEAR TONIGHT. THE FIRST CASE ON TONIGHT'S AGENDA IS CASE 22 0 22 42. HOWEVER, BEFORE WE GO TO THAT CASE, WE DO HAVE THESE CASES THAT WISH TO BE ADJOURNED AND THEREFORE WE ARE GOING TO HAVE MOTIONS ON THOSE. SO FIRST WE HAVE CASE 2205, ORALLY GAS ASKING TO BE ADJOURNED TO FEBRUARY 26TH AND ALSO IT WOULD HAVE TO BE RENO. DO I HAVE A MOTION ON THAT? 16TH? 16TH, YES. FEBRUARY 16TH. DO I HAVE SECOND? OKAY, THANK YOU. AND ALL IN FAVOR, AYE. AYE. CHAIR VOTES. AYE. AND THE NEXT CASE IS CASE 2237 TARRYTOWN ROAD PARTNERS AND I ASK FOR MOTION TO BE ADJOURNED AND HEARD. NEXT AGAIN ON THURSDAY, SEPTEMBER 16TH, FEBRUARY, FEBRUARY, FEBRUARY 16TH. I DON'T WHY I'M JUST SOMEPLACE ELSE. FEBRUARY 16TH. I SO MOVE. AND DO I HAVE A SECOND? SECOND. ALL IN FAVOR? AYE. AYE. AND EVERYONE VOTES. AYE. INCLUDING THE CHAIR AND IN THE NEXT CASE TO BE ADJOURNED IS CASE 2238 S AND J SERVICE CENTER. AND THAT WOULD ALSO BE ADJOURNED BASED ON THE MOTION IF IT GRANTED TO THURSDAY, FEBRUARY 16TH, 2023. AND DO I HAVE A MOTION ON THAT? I SO MOVE. SECOND. THANK YOU. AND ALL AYE, AYE, AYE. AND THE CHAIR VOTES. AYE. AND THE LAST CASE THAT IS SEEKING AN ADJOURNMENT IS CASE 2205. AGAIN, SEEKING TO HAVE THAT CASE MOVED TO FEBRUARY 16TH, 2023. I SO MOVE. I'M SORRY. CASE 2240, CORRECT. I'M NUMBERS IN MY HEAD. I'M GOING BACKWARDS. ALL RIGHT. AND DO I HAVE A MOTION? DO I HAVE A SECOND? I'M MOVED. SECOND. ALL IN FAVOR? AYE. AYE. AYE. AND THE CHAIR VOTES. AYE. THANK YOU. YES, PLEASE NOTE THAT UNFORTUNATELY WE HAD ANTICIPATED HAVING FIVE MEMBERS PRESENT THIS EVENING, BUT AS YOU SEE, THERE ARE JUST FOUR OF US. SO WE WISH YOU TO BE AWARE THAT IF THERE IS A VOTE AND IT IS NOT UNANIMOUS, UM, UNFORTUNATELY THAT WOULD END IN A DENIAL IF THAT WERE TO BE THE CASE UNLESS WE ALL VOTE TOGETHER. SO IF THAT IS SOMETHING THAT YOU HAVE ANY CONCERNS ABOUT, YOU WOULD HAVE THE RIGHT TO ASK FOR AN ADJOURNMENT IF THAT'S WHAT YOU CHOOSE. OKAY. AND DO THE PARTIES THAT ARE ON ZOOM ANY CONCERNS? NOPE. DOESN'T LOOK LIKE IT. UM, IS YOUR MIC ON? I BELIEVE IT IS. OKAY. YEAH. YES, [00:05:01] YES. OKAY. YEAH, I DO APOLOGIZE TO THOSE ON ZOOM. UM, OUR AUDIO IS, IS NOT AS IT TYPICALLY IS, SO WE'RE MAKING DUE. UM, I HOPE YOU CAN HEAR US, UM, BUT WE'LL DO OUR BEST. WE'LL TRY AND SPEAK LOUD AND CLEAR. UM, CAN YOU HEAR ME NOW? OH YEAH, . OKAY. VERY GOOD. THANK YOU. THANK YOU. ALL RIGHT, SO NOW WE WILL PROCEED WITH OUR AGENDAS THAT WE ARE GOING TO HEAR. AND THAT IS FIRST CASE, AS I SAID, IS CASE 22 42, 1 0 1 OH. UM, I THINK, UH, I DON'T KNOW IF YOU, YOU SKIPPED 2241 IS BJ'S IS THE FIRST CASE. OH, DID I SKIP BJ'S? YES. DEAN. I WONDER WHY. NO. ALL RIGHT. BACK TO WHERE I WAS. 2241 CROSSROAD SHOPPING CENTER, 3 39 TARRYTOWN ROAD. AND WHO IS HERE TO PRESENT THE APPLICANT? THE APPLICANT'S REQUEST. HI, I'M HERE. WE OFFER ALSO REPRESENTING FOR CUMMINGS, THE NATIONAL DENVER FOR BJ'S. TERRY HOL APPRECIATE THAT. AND, UM, AS WE INDICATED WITH THE AUDIO ISSUES, UM, IT, IT'S , IT, IT WORKS BOTH WAYS. SO IF YOU CAN DO YOUR BEST JUST TO SPEAK, UM, YOU KNOW, FAIRLY LOUDLY AS YOU CAN, UM, WITHIN REASON, UH, THAT'LL HELP US OUT TOO. AND I APOLOGIZE, WE JUST HAD SOME TECHNICAL DIFFICULTIES, SO ALL, SO WELCOME AND, UH, PLEASE PROCEED WITH YOUR PRESENTATION AND IF YOU NEED ME TO SHARE A SCREEN ON PLANS OR THE PHOTOS SET YOU SENT ME, I'M HAPPY TO DO THAT. JUST LET ME KNOW. GOOD EVENING, WARD. SO, UM, WE'RE HERE TO REPRESENT PJ FOR, UM, THEIR PROPOSED SIGN RIGHT NOW. THEY DO HAVE A CONFORMING CABINET, UM, SIGN THAT IS FIVE TWO. AND THEY'RE ONE, ONE MOMENT PLEASE. I'M NOT HERE. ONE, ONE MOMENT PLEASE. I'M NOT SURE THAT THIS IS GOING INTO THE RECORD. CAN WE CHECK WITH THE STENOGRAPHER AND FIND OUT, BECAUSE I'M HAVING DIFFICULTY HEARING. YEAH, I APOLOGIZE FOR THAT. SO THE STENOGRAPHER IS ON ZOOM, SO ANYONE SPEAKING ON ZOOM, THE STENOGRAPHER IS HEARING LOUD AND CLEAR. UM, BECAUSE OUR AUDIO ROOM, THE COMPUTER'S DOWN. OKAY. WE'RE ACTUALLY RUNNING THROUGH HERE. UM, IF YOU CAN'T HEAR THEM, UM, THAT IS INDEED NOT GOOD. UM, AND I CAN ASK JANELLE IF THERE'S ANYTHING WE CAN DO, UM, WITH THE MIC IN THE ROOM. SO MAYBE WE'LL TAKE A ONE SECOND PAUSE. LET ME SPEAK TO JANELLE. RIGHT. THE OTHER THING IS, SINCE WE DID HEAR THE, THE TURN IT OFF. OKAY. YOU'RE GONNA TURN. OKAY, THANK YOU. OKAY. I WAS GONNA SAY WE DID HEAR HER PREVIOUSLY, BUT THEN I DON'T KNOW IF SHE MOVED BACK FROM THE MIC OR WHAT HAPPENED. OKAY. UM, WELL, WE'LL DO OUR BEST. UM, YOU ASK DEBBIE , UH, THE STENOGRAPHER IF HE HERE, HE'S ON ZOOM. SO DEBBIE, IF YOU COULD SEND ME A CHAT, UH, DEBBIE, THE STENOGRAPHER, UM, ARE, ARE YOU GOING TO BE ABLE TO MANAGE HERE WITH THE, UH, STENOGRAPHER DUTIES BASED ON WHERE WE'RE AT WITH THE AUDIO? YEAH. SO IT'S DIFFICULT FOR HER TO HEAR. UM, ULTIMATELY, UM, SHE'S SAYING SHE CAN HEAR OTHERS ON ZOOM ME, 'CAUSE I'M RIGHT HERE NEXT TO THE MACHINE. UM, ULTIMATELY THIS WHOLE MEETING IS GOING TO BE RECORDED ON ZOOM, SO THE AUDIO SHOULD BE OKAY. UM, AND WE ALSO ARE PICKING UP THE LIVE, UM, I I, I THINK I'M WONDERING IF I CALLED, WOULD IT BE BETTER FOR YOU GUYS TO HEAR? I DON'T THINK SO. I MEAN, I, I THAT ACTUALLY, COULD YOU HEAR HER AT THAT POINT? YES. YEAH, THAT WAS MUCH BETTER. SPEAK UP. YEAH, I THINK THAT WAS MUCH BETTER. . I GOT IT. OKAY. THANK YOU JUDGE. SO AGAIN, AND UM, CURRENTLY DJS HAS CABINET SIGN, WHICH IS, UM, FIVE FOOT TWO. UM, THEY'RE PROPOSING A SEVEN FOOT AND A, UM, A TWO FOOT CABINET BELOW TAGLINE. UM, I BELIEVE IT IS 12 FOOT, SIX WALL HEIGHT STACK LETTER. SORRY. UH, IT'S 12 FOOT, SIX WALL HEIGHT STACK LETTER. UM, AND THE REASON WE'RE APPLYING FOR A LARGE SIGN IS TO THE, UH, THE SIZE OF AND BUILDING ITSELF THAT A TINY LITTLE CABINET LOOKS JUST OUT PLACE. UM, AND WE, WE BELIEVE THAT IS LARGEST SIGNS, UM, NOT ONLY BE MORE PLEASANT TO THE EYE, BUT WE ALSO BE MORE VISUAL [00:10:01] FOR ONCOMING TRAFFIC AND CUSTOMERS. THERE'S A LOT OF, UM, TREES AND WALKING AND OTHER BUILDINGS IN FRONT OF IT THAT PROHIBIT, UM, CUSTOMERS FROM SEEING THE SIGN FROM THE ROAD. OKAY. DO, UH, ANYTHING ELSE OR MADAM CHAIR, DO YOU HAVE ANY QUESTIONS OR DOES THE BOARD HAVE ANY QUESTIONS? ARE ANY ANY QUESTIONS FROM ANYONE ON THE BOARD? WELL, THAT WAS IT, THAT WAS THE PRESENTATION, I BELIEVE SO. HMM. SO I, I HAVE A FEW QUESTIONS. I CAN GO FIRST. YES. UM, IF YOU COULD GO BACK TO THE OTHER, THE SIGN OF IT PROPOSED ON THE BUILDING. UM, YEAH, SO THE, MY QUESTION IS, IS IS, UM, WHY DO WE NEED THE VERBIAGE UNDERNEATH? 'CAUSE IT'S A STACK SIGN AND IT HAS, UH, WHICH MAKES IT A LOT BIGGER. IT HAS WHAT WAREHOUSE CLUB? UM, IS THERE A NECESSITY FOR THAT? 'CAUSE THAT VERBIAGE THAT STACKING IS NOT ON THE BUILDING TODAY. UM, YEAH, TERRY, THIS IS TERRY WITH CUMMINGS. I CAN ANSWER THAT QUESTION. UM, THE VERBIAGE IS PART OF THEIR BRAND NAMES. SO BJ'S WHOLESALE CLUB IS THEIR TECHNICAL TERM. UM, SO IT IS PART OF THEIR BRANDING. AND THEN I THINK THE QUESTION THAT I WOULD HAVE HERE IS, UM, WE KNOW OTHER STORES IN THAT SHOPPING CENTER, UM, THAT HAVE STACK SIGNS WHAT THE HEIGHT IS AND DO THEY COMPLY OR WHAT VARIANCES HAVE THEY BEEN GRANTED? UM, THERE'S A, UH, THERE'S A, A P G A STORE THAT HAS A STACK SIGN, THERE'S A SHOE SHOP, THERE'S SEVERAL. SO I THINK THAT WE WOULD LIKE TO KNOW THAT THAT MARKET'S PRETTY BIG TOO, FROM WHAT WE SAW. YEAH, THERE. SEE. SO I THINK THAT WAS A QUESTION FOR THE APPLICANT. UM, ARE, ARE, ARE, DID YOU, ARE YOU AWARE OF, UM, THE PRIOR VARIANCE HISTORY AT THIS SITE, UM, OR, OR OTHER SITES COMPARABLE TO IT WITH REGARDS TO, UM, THOSE SIGN SIGNS THAT EXIST AND, YOU KNOW, HOW ARE THEY, UM, ARE YOU TALKING ABOUT OTH OTHER, UM, OTHER PEOPLE OTHER THAN BJ'S, YOU MEAN? YES. UM, I DO, I DON'T KNOW WHERE THEY GOT THE INFORMATION FROM, BUT THERE WERE SOME VARIOUS, UM, SIGNS THAT WERE, I GUESS APPLIED FOR AT ONE POINT AND THEY WERE GRANTED AND WITHDRAWN AND THEN ADJOURNED. BUT I'M NOT TOO CLEAR ON WHAT THAT WAS. I HAVE A CASE NUMBER. UM, THE CASE NUMBER WAS 13 DASH 30. SO 1330, UH, WAS A SERIES OF VARIANCES, UM, WITHIN THE CENTER. UM, ARE YOU SURE IT'S 1330 AND NOT 1340? I'M SORRY, 1340? YES. UM, YEAH, 1340 WAS FOR A PYLON SIGNAGE AND THAT WAS WITHDRAWN. OKAY. AND THEN IT SAID 1330 VARIOUS SIGNS GRANTED, WITHDRAWN AND ADJOURNED. AGAIN, I'M NOT, I'M NOT CLEAR ON WHAT, UM, WHO APPLIED FOR THOSE OR WHAT SIGNAGE IT WAS FOR. SO IN, IN 1998, THERE WAS A VARIANCE GRANTED, UM, FOR KMART. AND THAT WAS, UM, TO INCREASE THE MAXIMUM HEIGHT OF A WALL BUSINESS SIGN FROM TWO FEET TO SIX FEET, THREE AND THREEQUARTER INCHES. UM, AND ANOTHER VARIANCE TO INCREASE THE MAXIMUM HEIGHT OF THE KEY LOGO FROM FOUR FEET TO 10 FEET, UM, TO INSTALL, UH, A BIG KMART, BIG KMART, BIG HYPHEN K HYPHEN MART SIGN UNDER, UM, SECTION TWO 40 DASH THREE C8 THAT WAS APPROVED. THANK YOU. I BELIEVE THAT, I BELIEVE THAT WAS APPROVED THE HEIGHT OF SIX FEET. RIGHT. THAT MAKES SENSE. YEAH, I MEAN, IT SAYS HERE SIX FEET, UH, THREE AND THREE QUARTER [00:15:01] INCHES, BUT I BELIEVE THE APPROVAL WAS FOR SIX. I DON'T KNOW. I'M LOOKING AT APPROVAL RIGHT HERE FROM 19 90, 99 DASH 28, THAT CASE. SO IS THAT THE CASE THEN? OH, OKAY. I'M SORRY. SIX FEET? YES. OKAY. SO THAT'S THE CASE THEN THAT THEN EVERYBODY ELSE IS FOLLOWING THOSE GUIDELINES FOR HOME GOODS? EVERYBODY ELSE THAT'S THERE? NO, THAT'S THE 1330. OKAY. THAT'S THE 1330. OKAY. THEY'RE ALL FOLLOWING THE FOUR FOOT OKAY. HEIGHT, WHICH WE GRANTED ALSO IN 2013. OKAY. I DON'T HAVE ANY MORE QUESTIONS. THOSE, SIR, CAN YOU JUST MAYBE DESCRIBE THE NEED FOR THE LARGER SIGN AGAIN? I'M SORRY, CAN YOU, YOU SAID, CAN I DESCRIBE, UM, WHAT, LIKE, WHAT THE NEED FOR THE LARGER SIGN OR WHY IT NEEDS TO BE, UM, EIGHT FEET AS A, YOU KNOW, WHAT'S THE, THE RATIONALE BEHIND THIS PARTICULAR SIZE THAT YOU'RE ASKING FOR? SURE, SURE. UH, THE REASON WE WERE APPLYING FOR THE LARGER SIGN IS BECAUSE THE BUILDING ITSELF IS QUITE LARGE AS WELL AS THE, UM, THE SIGN BAND AREA AND THE LITTLE CABINET THAT THEY HAVE THERE RIGHT NOW JUST SEEMS TO GET LOST IN THAT. IT, IT JUST, IT'S NOT, IT'S NOT LIKE, YOU KNOW, YOU KNOW, NICE TO THE EYE. IT KIND OF GETS LOST. THERE'S A, THERE'S A, A CHASE BUILDING THAT'S BLOCKING IT. THERE'S THE TREES AND IT GOES AROUND THE CURVE THERE. SO THAT, THAT TINY SIGN IS JUST REALLY NOT VISIBLE, AESTHETICALLY PLEASING. THAT'S THE WORD I WAS LOOKING FOR. . I MEAN, IT ALMOST SOUNDS AS THOUGH YOU ARE COMPARING THE SIGN TO THE BUILDING. THE LARGER THE BUILDING, THE SMALLER THE SIGN LOOKS. IF, IF THEY'RE JUST CONSISTED OF HALF OF THAT, THE SIGN WOULD KIND OF OVERTAKE THE BUILDING. I'M THINKING IN TERMS OF WHAT WE DID WITH TESLA, THEIR BUILDING IS QUITE LONG, THEIR SIGNAGE IS VERY SIMPLE. THEY WANTED SOMETHING MUCH LARGER, AND WE DID NOT GRANT THAT. AND THERE'S BEEN NO CONCERNS ABOUT THE SIGN THAT I CAN SEE, OR ANYONE FROM ANYONE. IT'S, IT'S SIMPLE. IT'S THERE COMPARED TO THE LENGTH OF THE BUILDING. IT IS SMALL, BUT IT DOES THE JOB AND IT HAS TREES IN FRONT OF IT ALSO THAT ARE ACTUALLY THERE. AS OPPOSED TO WHAT WE HAVE WITH BJ'S. THERE ARE A FEW TREES, BUT THEY'RE NOT, DEPENDING ON YOUR ANGLE, THEY'RE NOT SOMETHING THAT IT'S CONSTANTLY BLOCKING THE VIEW AT ALL. SO I'M NOT SURE THAT, UH, I QUITE SEE IT AS NOT PLEASING TO THE EYE. DOES THE BOARD FEEL THAT, UM, WOULD THE BOARD LIKE TO SEE AN ALTERNATIVE WHERE, I DON'T KNOW IF THIS MAKES SENSE, BUT, UM, WERE THE BJ'S AND THE WHOLESALE CLUB WERE CLOSER TOGETHER, SO MAYBE THE THE OVERALL MASSING IS NOT AS BIG OR IN TERMS OF STACKING, 'CAUSE THERE'S TWO, TWO COMPONENTS HERE. UM, GARY, I WOULD LIKE TO SAY THOUGH, UM, THE APPLICATION DOES SAY THAT THE STACK HEIGHT IS PROPOSED TO BE 16 FEET. THAT'S ACTUALLY INCORRECT. IT SHOULD BE 12 FOOT SIX, UM, 16 FEET IS THE, UM, OVERALL HEIGHT OF THE, OF THE, UH, SIGN BAND AREA. UM, AND I, UH, TO THE BOARD, I DID SEND IN SOME PHOTOS, UM, OF THE, THE LINE OF SIGHT GOING UP AND DOWN EAST AND WEST ON, UH, TARRYTOWN ROAD TO SHOW, UM, YOU KNOW, THE, THE BLOCKAGE AND, AND NOT SUCH GREAT VISIBILITY. UM, IF YOU'D LIKE TO TAKE A LOOK AT THAT, I DID SEND THEM ALL. YEAH, I, I CAN SHARE THOSE AGAIN. UM, I CAN START AT THE BEGINNING IF YOU WANT. UH, AND THEN I THINK THE PHOTOS CYCLE INTO THE REST OF THE CENTER, BUT LET ME, LET'S SEE WHAT ELSE IS THERE? OKAY, THERE'S MORE. [00:20:01] WE ALSO LABELED EACH PHOTO SO THAT YOU COULD SEE EXACTLY WHERE THAT IS. UM, YOU KNOW, IT TELLS YOU WHETHER IT'S WESTBOUND OR EASTBOUND AND IF IT'S NEAR THE ENTRANCE OR, OR WHAT HAVE YOU. THIS WAY, YOU KNOW, YOU GET A BETTER IDEA AS TO THE ACTUAL LIMIT OF LIKE VIEWING IT. YOU KNOW, THAT THAT SIGN BAND AREA IS A PRETTY LARGE AREA TO HAVE JUST THAT LITTLE CABINET THAT'S UP THERE. RIGHT. DO YOU HAVE ANY SIMILAR SIGNS FROM, UH, OTHER LOCATIONS TO, THAT WE COULD COMPARE WITH THAT? IS THAT IS YOUR STORES ARE, ARE YOU, I'M SORRY, MA'AM. ARE YOU SAYING, UM, OTHER BJ'S LOCATIONS? YES. UM, PRISCILLA, I'M, I'M I, TERRY ONE OF YOU CAN PROBABLY, UM, SHED SOME LIGHT ON THAT ONE IF YOU HAVE SOMETHING SIMILAR. I'M SURE WE HAVE. YES. ARE YOU JUST LOOKING FOR OTHER BJ'S LOCATIONS THAT LOOK LIKE THIS? NO, I'M LOOKING FOR OTHER BJ LOCATIONS AND WHAT THEIR SIGNAGE IS. WHAT'S, WHAT IS THERE A PROTOTYPICAL, UM, BJ'S SIGN STANDARD? THIS IS THEIR PROTOTYPICAL SIGN. THIS IS WHAT THEY USE ON ALL OF THEIR BUILDINGS. I'M TALKING ABOUT SIZE WISE. SIZE, THIS IS THEIR PRIMARY FACADE SIZE. THERE IS A SMALLER ONE THAT THEY USE ON THE REAR OF THE BUILDING, UM, THAT IS ABOUT TWO FOOT SMALLER. UM, BUT AS TO GINA'S COMMENT AS WELL, THE, THE SIZE OF THE SIGN IS SEVEN FOOT TALL. THEN THERE'S A SPACE BETWEEN IT AND WHOLESALE CLUB. AND THE WHOLESALE CLUB IS TWO FOOT 10. UM, NOT SURE THAT THAT MATTERS, BUT, UM, AND EVERY BJ'S HAS THAT SIMILAR SIGN. THAT IS THE EXACT SIGN THAT IS ON ALL OF THEIR LOCATIONS. YES. COULD YOU TELL US WHERE THOSE LOCATIONS ARE? UM, THERE'S ABOUT 250 OR MORE. I CAN GIVE YOU SOME TO LOOK AT. HANG ON. DOES IT MATTER THAT THE PROPERTY HAS 10,000 SQUARE FEET? LET'S SEE. WE HAVE DONE, UM, MIDLOTHIAN, VIRGINIA LADY LAKE, FLORIDA. I CAN SHARE, UH, PACKAGE PHOTOS IF YOU NEED TO SEE ANY OF THOSE. WELL, FACING MICHIGAN, BRIDGEVILLE, PENNSYLVANIA, ROSS TOWNSHIP, PENNSYLVANIA. WELL, SOME, SOMETIMES IT HAS TO DO WITH THE CONFIGURATION OF THE LOCATION THAT THEY'RE IN AS OPPOSED TO, WELL, IT'S HARD FOR ME TO DESCRIBE WHAT I'M SAYING, BUT , A LOT OF BIG STORES ARE IN SOMEWHAT EXPANSIVE LOCATIONS THAT FALL IN DIFFERENT CATEGORIES AS OPPOSED TO HERE YOU'RE IN A STRIP MALL, ESSENTIALLY. UM, WE DID ONE IN WAYNE, NEW JERSEY THAT WAS IN A MALL, AND THIS IS THE EXACT SIGNAGE THAT THEY USED AT THAT LOCATION AS WELL. UM, ALL RIGHT. WOULD YOU LIKE ME, I DON'T KNOW IF I CAN SHARE HERE, I CAN SHARE YOU WHAT THEIR PROTOTYPICAL BUILDING LOOKS LIKE. OBVIOUSLY THE KMART IS NOT THEIR BUILDING PROTOTYPICAL. SURE. THIS IS WHAT YOU WOULD TYPICALLY SEE ON A BJ'S WHOLESALE CLUB BUILDING WITH THE VESTIBULE BUILT THIS WAY. THAT SIGN AND THAT SIGN IS WHAT WE'RE PROPOSING HERE AT WHITE PLAIN. HOW HIGH IS THAT BUILDING, IF YOU KNOW? UM, 1 39 4, I THINK OVERALL TO THE PEAK. SO IT LOOKS LIKE ABOUT 40 FEET HIGH. YEAH. AND I BELIEVE THIS AREA HERE WITHOUT THE TWO COLUMNS WOULD EQUAL TO WHAT YOU SEE THERE ON THAT PARTICULAR BUILDING. AND I DON'T KNOW IF I CAN TOGGLE BACK TO, BUT THE BUILDING FOR THE KMART, WHERE WE'VE JUST REMODELED IT, THIS, THIS AREA IS APPROXIMATELY THE SAME SIZE, BUT WHEN YOU PUT THE SMALL SIGN THAT WE HAVE ON THERE CURRENTLY, IT BASICALLY JUST DISAPPEARS AND THERE'S NO VISIBILITY OF IT UNTIL YOU'RE ALREADY IN THE PARKING LOT. UM, EXCUSE ME, BUT I'M, I'M HAVING A HARD TIME [00:25:01] UNDERSTANDING THE DIMENSIONS THAT YOU ARE SAYING THAT YOU'RE REQUESTING FOR THE SIGNAGE. UM, YOU'RE SAYING THAT YOU'RE LOOKING FOR A VARIANCE TO GO FROM THE SIX FEET PERMITTED TO EIGHT FEET PROPOSED TO INCREASE THE HEIGHT OF THE LOGO WALL SIGN. BUT IN THE ELEVATION THAT YOU'RE SHOWING, IT SHOWS THAT THE BJ'S HEIGHT IS ONLY FIVE FOOT EIGHT NOT OH FEET. IT'S FROM THE TOP OF THE CHECK TO THE BOTTOM OF THE, UH, J WHICH I DON'T KNOW IF THAT'S CANTILEVER, BUT, UH, THE TOP OF THE CHECK, THE POINT OF THE CHECK WOULD STILL NOT BE EIGHT FEET. SO TO THE TOP OF THE LITTLE CHECK IN THE CABINET, THAT'S EIGHT FOOT. THE ACTUAL CABINET ITSELF IS SEVEN FEET. THAT IS OKAY. YES. SO I, I BROUGHT IT UP, I DON'T KNOW IF I'M STILL SHARING OR NOT, BUT THE CABINET ITSELF IS SEVEN FOOT, THE LETTER HEIGHT WAS FIVE FOOT EIGHT TOWN DOES BY LETTER. I HAVE IT SHARED ON THE SCREEN NOW. I SEE. OKAY, PERFECT. OKAY. OKAY. AND THEN THE SECOND REQUEST IS FOR SIX FEET PERMITTED TO 16 FEET FOR THE STACKED HEIGHT, CORRECT? YEAH. THAT, THAT WAS AN ERROR. IT ACTUALLY, IT SHOWS 16 FEET ON THE DRAWING, BUT IT'S, IT'S ACTUALLY 16 FEET FOR THE SIGN BAND AREA. IT SHOULD BE 12 FOOT SIX OVERALL STACK HEIGHT. INCLUDING THE SPACE BETWEEN THE TWO SIGNS, CORRECT? YEAH. UH, TO THE TOP OF THE CHECK MARK? CORRECT. OKAY. 'CAUSE I HAD 11 FOOT FOUR, BUT THEN WHEN I ADD THE HEIGHT OF THE TOP OF THE CHECK, I GUESS THAT IS 12 FEET. SO WHY ARE YOU REQUESTING, OH, YOU SAID THAT WAS A MISTAKE. THE 16 FEET. ACTUALLY, I, I STAND CORRECT. I THINK WITH THE TOP OF THE CHECK MARK, IT WOULD PROBABLY BE 13 FOOT SIX, THEN THAT'S CORRECT. BY TERRY IS THE CABINET'S SEVEN FOOT? YOU GOT THE THREE FOOT. YES. SO THAT WOULD BE 13 FOOT SIX. THE TOP OF THE CHECK MARK, THE CABINET TO THE TOP OF THE CHECK MARK IS EIGHT FEET TALL. YEAH. THE WHOLE OVERALL THOUGH, MILITARY FROM THE WHOLESALE CABINET TO THE TOP OF THE CHECK MARK WOULD BE 13 SIX OR TO THE TOP OF THE CABINET WOULD BE 12 FOOT SIX FROM THE BOTTOM OF THE WHOLESALE CLUB WITH THE SPACING INCLUDED. SO WHY ARE YOU REQUESTING 16 FEET FOR THE STACK TYPE? I BELIEVE THAT WAS, I SAID JUST AN ERROR ON, ON THE, UH, APPLICATION DEPARTMENT BECAUSE THEY SAW THE 16. IF YOU COULD SEE ON THAT PAGE THAT GARRETT HAS UP, IT SAYS 16 FEET. THEY CORRECT. 16 FEET IS ACTUALLY JUST THE OVERALL HEIGHT OF THAT 16 FEET IS FROM, LOOKS LIKE THE TOP OF THE HOLE. SO YOUR CALCULATION IS 13 WHAT? SIX? UH, 13, SIX TO THE TOP OF THE CHECK. YEP. FROM HOME. YEAH. INCLUDING THE SPACING IN BETWEEN. OKAY. OR 12 FOOT SIX TO THE TOP OF THE CABINET, THE SPACING. OKAY. ANY OTHER QUESTIONS? SO THE, THE PROPORTION OF THE SPACE BETWEEN THE TOP SIGN BJ'S AND THE BOTTOM SIGN WHOLESALE CLUB IS SHOWING US 34 AND A QUARTER INCHES. UM, IS THAT A STANDARD PROPORTION AND COULD THAT POSSIBLY BE, UH, DIMINISHED TO A LOWER HEIGHT THAN 34 AND A QUARTER INCHES? SO THAT IS THE STANDARD FOR THEIR PROGRAM BASED ON THE ELEVATION THAT IS PROPORTIONED FROM CLEAR SPACE ON TOP, MIDDLE, AND BOTTOM IS WHAT THE ATTEMPT WAS TO BE SLIGHTLY ABOVE THE GRAY LINE. THEY HAD THE WHOLESALE CLUB. I COULD PROPOSE THAT TO BJ'S. I DON'T SEE THAT BEING AN ISSUE. IF WE COULD KEEP THE WHOLESALE CLUB, I'M SURE THEY WOULD REDUCE THE SPACE BETWEEN BJ'S AND WHOLESALE CLUB. THERE IS 18 INCHES FROM THE BOTTOM OF WHOLESALE CLUB TO THE BOTTOM OF THE FACADE. UM, I WOULD RECOMMEND IF, OR PROPOSE RECOMMEND, HOWEVER YOU WANT TO SAY THAT, IF WE COULD ONLY REDUCE IT TO 18 INCHES BETWEEN THE SIGN AND WHOLESALE CLUB TO MAKE IT A BETTER PROPORTION, IF THAT MAKES SENSE. OKAY. I FORGOT [00:30:01] WHAT I WAS GONNA ASK NOW. MM-HMM. . ALL RIGHT. I, I HAVE NO MORE QUESTIONS. UM, IS THERE ANYONE IN THE AUDIENCE THAT WANTS TO ADDRESS THIS? YES, SIR. PLEASE COME UP AND, UM, STATE YOUR NAME AND GOOD EVENING EVERYONE. MY NAME IS GANI. OH, THIS IS NOT GONNA WORK. GOOD EVENING. EVERYONE PICK IT UP. I PICK IT UP. GOOD EVENING EVERYONE. MY NAME IS GANI BARK. SORRY. IN RESPONSE TO YOUR QUESTION, UH, MADAM, THE CLOSEST BJ'S WOULD BE IN COURTLAND MANOR IN COURTLAND MANOR THAT IS THAT SIZE, IF NOT LARGER, BUT IT'S CLOSER TO THE STREET. AND I HAVE NOTHING TO DO WITH BJ'S BY THE WAY. I JUST, I JUST CAME HERE TONIGHT. I, YOU KNOW, I CAME HERE TONIGHT FOR THE OTHER APPLICATION, BUT IT IS LARGER THAN WHAT THEY'RE REQUESTING, AND IT'S CLOSER TO THE STREET. THE TESLA EXAMPLE THAT YOU GAVE MAKES MORE SENSE BECAUSE THE TESLA IS CLOSER TO THE ROADWAY. THIS SIGN HAS TO BE, WHAT, 400 FEET, GARRETT? FROM THE, FROM THE STREET. IT, IT LOOKS, WHEN YOU'RE ON ONE 19, IT'S VERY SMALL. I'M VERY HAPPY. I'M, I'M THERE EVERY SINGLE DAY, MULTIPLE TIMES. IT LOOKS VERY SMALL. AND I'M VERY HAPPY THAT ACTUALLY BJ'S CAME TO THE AREA BECAUSE THE, SO AM I THE ADDITION OF BJ'S, YOU KNOW, WITH, UH, SAM'S CLUB ON ONE SIDE, SHOPRITE COMING ON THE OTHER SIDE NEXT TO SAM'S CLUB. YOU HAVE, UM, COSTCO AND PORTCHESTER. THE PEOPLE HAVE A CHOICE OF WHERE TO SPEND THEIR DOLLARS, AND THAT CHOICE GIVES MORE BUYING POWER TO THE PEOPLE. SO I'M VERY HAPPY THAT THEY'RE HERE. AND I, THAT'S THEIR SIGN. THAT'S THEIR SIGN EVERYWHERE, WHEREVER YOU GO. IT'S ALWAYS THAT, THAT KIND OF SIZE. SO THAT'S MY 2 CENTS FROM SOMEONE IN THE AUDIENCE. THANK YOU FOR YOUR TIME. OKAY. THANK YOU. THANK YOU. YOU'VE GOT YOUR COUPON . IF THERE'S ANYONE ON THE AUDI IN THE, UH, ON THE ZOOM THAT WANTS TO SPEAK, PLEASE, I'LL USE THE RAISE HAND FUNCTION OR UH, SEND ME A CHAT. IT DOES NOT LOOK LIKE THERE ARE ANY SPEAKERS ON ZOOM. NO ONE ELSE? NO. OKAY. LEMME PUT MY BAG. OH, HERE IT'S, OOPS. GIVE US ONE SECOND PLEASE. . SORRY. UM, THERE ANY, IS THERE ANYTHING THAT THE APPLICANT WISHES TO ADD AT THIS POINT? UH, NO MA'AM. ALL RIGHT. THANK YOU. WE WILL GO TO OUR NEXT CASE ON TONIGHT'S AGENDA, WHICH I HAD BEEN PUSHING FOR EARLIER. THANK YOU VERY MUCH BOARD FOR ALL YOUR TIME. YOU'RE, THANK YOU. THANK YOU. AND THAT IS CASE 22 42, 1 ON ONE REALTY, 24 TERRYTOWN ROAD. I, YOU AND, UH, FOR THE OTHER APPLICANT. IF YOU COULD, UM, KINDLY, UM, JUST TURN YOUR VIDEO OFF, BE APPRECIATED. THANK YOU. YES, I'M FINE. OKAY. THANK YOU. THIS IS A, A SMALLER VERSION. I'M SHOW YOU ON THE BOARD. I REMEMBER. HI EVERYBODY. UH, GOOD EVENING. MY NAME IS EMILIO ESCALADAS ESCALADAS ASSOCIATES, ARCHITECTS AND ENGINEERS. THIS, THIS PARTICULAR APPLICATION IS KIND OF HISTORICALLY PREDICTABLE. WHEN YOU READ THE WAY THAT FOUR YEARS AGO, THE VARIANCE WAS ISSUED AND THEY WERE VERY SPECIFIC IN THE WORDING. AND WHEN I READ IT, I SAID, WELL, THERE MUST HAVE BEEN A REASON FOR IT. I DON'T UNDERSTAND IT. BUT THE WORDING KIND OF LIMITED THE USE OF THIS BUILDING THAT WAS VERY ELABORATELY PRODUCED AND, AND CAREFULLY ENGINEERED AND, AND GEOMETRICALLY, UH, PERFECT FOR, UH, THE, THE, UH, THE SERVICE, UH, TRAFFIC SERVICE THROUGH. AND BY THE WAY, THIS HAS BEEN IN EXISTENCE FOR FOUR YEARS WITHOUT ANY, ANY PROBLEMS, ANY ACCIDENTS, ANY, UH, UM, UM, BACKUP ON THE LOCAL ROADS. UH, NO COMPLAINTS TO THE BUILDING DEPARTMENT. WE SPOKE TO THE POLICE TRAFFIC, UH, DEPARTMENT. THERE'S NO, NO RECORDS OF ANYTHING, UH, BEING CREATED BY THE ACTIVITY, WHICH IS WHAT WE'RE TRYING TO MAINTAIN. [00:35:01] WE'RE NOT TRYING TO CHANGE ANYTHING, BUT WE'RE TRYING TO REWORD THE WAY THAT THE VARIANCE WAS ISSUED AND IT SPECIFICALLY, UH, DEFINED THE, THE BUILDING TO BE A DELI. I DON'T REMEMBER ANY NOWADAYS WHEN WE DRIVE. AND, AND, AND THE APPLICANT WAS TALKING TO ME AND I SAID, YOU KNOW, YOU'RE ABSOLUTELY RIGHT. I NEVER THOUGHT ABOUT THAT. THE FACT THAT WE HAVE DRIVE-THROUGHS, UH, GIVE A, CREATE A BENEFIT FOR, I WOULD SAY 15 20% OF THE POPULATION, WHICH CANNOT WALK WELL, BUT THEY CAN GET IN THE CAR AND GO GET THEIR COFFEE, GO GET THEIR, ANY, ANY MOTHER WITH THREE CHILDREN, UH, IN MANY WAYS, YOU KNOW, HE WAS SAYING, YOU KNOW, THAT'S, THAT'S ACTUALLY A, I NEVER THOUGHT OF IT, BUT I HAVE TO MENTION IT 'CAUSE IT IS A GOOD THING. ANYWAY, WE WOULD LIKE TO MAINTAIN THE SAME DRIVING, UH, CAPABILITY AROUND THIS BUILDING, WHICH AS I, WHICH AS I SAID, WAS, UH, APPROVED BY THE, THE SAME, THIS SAME BOARD FOUR YEARS AGO. BUT TO REMOVE THE CRITERIA, UH, UH, THAT WAS USED TO WORD IT. AND THAT IS BY LIMITING TO THE USE OF AS A DELI. UH, AND THE REASON WHY THAT IS A HARDSHIP FOR US IS THAT IT, IT CANNOT BE RENTED BECAUSE THE MINUTE, AND THERE'S MANY PEOPLE THAT WOULD LIKE TO AND HAVE ENTERED INTO PRELIMINARY NEGOTIATIONS WITH THE OWNER, BUT THE MINUTE THEY READ THAT, UH, UM, UM, WORDING, THEY BACK OFF. WE WENT TO THE BUILDING DEPARTMENT TO SEE IF THERE'S ANY, UM, FLEXIBILITY IN THE POSSIBLE USE OR, AND THEY SAID, NO, NOT REALLY. WE, WE REALLY DEFER BACK. WE DEFER YOU BACK TO THE ZONING BOARD OF APPEALS. SO WE'RE HERE, UM, WITHOUT THAT CHANGE IN THE WORDING THAT WAS USED TO GRANT ALL THE VARIANCES THAT YOU GRANTED US, UM, IT'S UN RENTABLE AND THEREFORE THAT HARDSHIP PREVAILS. UM, COVID DESTROYED THIS BUSINESS. IT, IT REALLY, UM, BURIED US. AND WE'RE NOW IN THIS PARTICULAR NEW TIME POST COVID, WE'RE TRYING TO, UM, UH, PUT IT BACK TO USE. BUT THE OWNER IS GETTING OLDER AND TIRED. HE SAYS, I DON'T WANNA RUN THE DELI ANYMORE. AND AS I SAID EARLIER, THIS, YOU KNOW, YOU THINK ABOUT IT, WE, WE DON'T GET INTO A CAR TO GO TO A DELI. IT'S MORE OF A DESTINATION TYPE OF, UH, PLACE THAT WE GO TO A BURGER OR WHATEVER. I, I THINK THE TIMES HAVE CHANGED, AND THIS IS ACTUALLY THE, THE TYPE OF VIEWS THAT WE HAVE IN THIS BUILDING IS QUITE MODERN. IT'S THE WAY PEOPLE DO APPS. WE CALL IT UP AND WE GO PICK IT UP. SO, SO THE ACTUAL QUEUING TIME AND THE NUMBER OF VEHICLES THAT YOU SEE BEING QUEUED IS LESS AND LESS AND LESS. SO ANYWAY, I DON'T WANNA DEFEND THE DRIVE-THROUGH. I THINK WE'RE ALL FAMILIAR WITH IT, BUT I WANT TO, UM, UM, ASK YOU TO THINK ABOUT THE SPECIFICS OF THE WORDING THAT WAS USED IN THE ORIGINAL APPLICATION. AND ALL WE WANT IS THE WORDING TO BE CHANGED SO THAT IT BECOMES MUCH MORE FLEXIBLE IN OUR USE, UH, FOR A FUTURE TENANT. THANK YOU. DO YOU HAVE ANY SUGGEST, SORRY? DO YOU HAVE ANY SUGGESTIONS AS TO WHAT YOU WOULD SUGGEST AS THE WORDAGE? WELL, I'M NOT AN ATTORNEY. I'VE ALWAYS WANTED TO BE ONE, BUT THAT'S A TOUGH NO, YOU'RE, THAT'S A TOUGH THING. BUT, BUT YOU ARE TALKING ABOUT POTENTIAL, UM, LESSES THAT, THAT YOU, YOU KNOW, WHAT THEIR BUSINESSES ARE AND WHAT WOULD WORK. SO THAT'S WHY I'M SAYING THAT I, I THOUGHT OF PREPARING, UM, A WORDING, BUT I I, I, I WOULD THINK THAT THAT WOULD BE THE PRESUMPTUOUS OF MY PART. UM, I, IF THE BOARD REQUIRES THAT WE COME UP WITH A WORDING THAT YOU WANT TO CONSIDER, OF COURSE WE WILL DO THAT. UM, YOU GUYS ARE EXPOSED TO THIS ALL THE TIME. AND, UH, I WOULD FEEL VERY COMFORTABLE IF YOU COME UP WITH AS GENERIC ACCEPTABLE FORMAT THAT YOU WOULD THINK IS APPROPRIATE. I'M GIVING YOU THAT POWER AND I'M GIVING YOU THAT, BUT TO NOT LIMIT US, IN ESSENCE, TO ELIMINATE THE, UH, THE HARDSHIP THAT WAS INADVERTENTLY CREATED WHEN THIS THIS WAS ISSUED. NO, NO, I, I UNDERSTAND WHAT YOU'RE SAYING. YEAH. AND I'M NOT ARGUING WITH THAT. I'M JUST SAYING THAT WE, WE ARE NOT, UM, IN THE BUSINESS OF SELLING, YOU KNOW, ITEMS, UH, AND HAVE NO IDEA OF WHAT WOULD BE APPROPRIATE. AT LEAST I'M NOT OKAY. I, I, I UNDERSTAND THAT AND I, I JUST THOUGHT WE, WE, IT WOULD, IT WOULD SOUND OF, UH, UH, MADAM CHAIR ASSUMPTIONS OF US TO, TO DO THAT. MADAM CHAIR, THE, UM, APPLICANT'S COVER LETTER IDENTIFIES THAT, UM, THE TYPE OF LANGUAGE THEY'RE SEEKING WOULD BE TO ALLOW THE DRIVE THROUGH TO BE USED FOR PREPARED FOODS AND MEALS AND BEVERAGES RESULTING FROM PRE-ORDERS BY PHONE, UM, FAX OR INTERNET APPLICATIONS, THAT TYPE OF THING, FOR PICKUP ONLY FROM A, OR FROM A LIMITED MENU OF FOOD ITEMS READILY [00:40:01] AVAILABLE. SO, UM, I THINK IN GENERAL, THERE YOU GO. THAT'S KIND OF WHAT WE HAD BEFORE, BUT IT SPECIFICALLY SAID DELI AND THE BUILDING DEPARTMENT AND HIS INTERPRETED IT. SO IS IT THAT YOU JUST WANT THE WORD DELI REMOVED? I, IT HELP, HELP US OUT. HELP ME OUT. I SHOULDN'T SAY US. WHAT I THINK THEY MAY KNOW WHAT BELONGS TO YOU. AS ALWAYS, YOU ASK THE MOST DIFFICULT QUESTION, MRS. BUNDY, I'M GONNA BE QUIET NOW THEN LET ME ASK A SIMPLE QUESTION. UM, IF WE REMOVE THE REQUIREMENT, UH, THAT IT BE A DELI, UM, ARE YOU CONSIDERING THAT IT COULD BE A BANK A A WHAT? A, A BANK, A MONETARY ESTABLISHMENT. I, I WOULD BE HAPPY WITH THAT. A HUNDRED PERCENT. A HUNDRED PERCENT. THAT, THAT, THAT DOES NOT LIMIT THE CLIENT THAT'S COMING TO SAY, WELL, THAT'S NOT US. WE DON'T FIT INTO THAT DEFINITION. SO THAT GENERIC STATEMENT, I THINK I WOULD BE HAPPY WITH. YES, WE MIGHT NOT THOUGH. HMM. SO IN OTHER WORDS, THE, UM, THE, THE PEOPLE WHO ARE APPROACHING THE OWNER FOR POSSIBLE RENTING OR OR PURCHASE, UM, ARE ALSO IN THE FOOD, UM, BUSINESS? YES. OKAY. SO THE HANGUP IS THE WORD DELICATESSEN. IT'S THE HANGUP WITH THE BUILDING DEPARTMENT. AND I DON'T BLAME THEM BECAUSE IT'S THERE. IT'S THAT THAT'S A VERY, VERY VISIBLE DEFINITION OF USE. AND YOU KNOW, THEY, THEY GO EXACTLY BY WHAT THEY'RE READING. SO, AND THEY, THEY DON'T WANT TO TAKE THE CHANCE. THEY WANT TO, TO COME BACK TO YOU GUYS AND, AND YOU FOLKS, WELL, OKAY, YOU KNOW WHAT, IT WAS A LITTLE LIMITING. LET'S CHANGE IT. AND I THINK THAT SUGGESTION FITS US, RIGHT? I THINK THAT WOULD BE A GENERIC ENOUGH SO THAT THE BUILDING DEPARTMENT WILL ALLOW US TO, TO MAKE THAT, UH, THAT LEASE POSSIBLE. OKAY. I DO WANNA CLARIFY FOR THE BOARD, UM, IF THIS, UH, YOU KNOW, NOTION OF REMOVING DELICATESSEN AND, AND KEEPING THE LANGUAGE THAT, YOU KNOW, WE, THAT WAS DESCRIBED BEFORE ABOUT, UM, PRE-PREPARED FOODS, MEALS, BEVERAGES RESULTING FROM PRE-ORDERS, APPS, THAT TYPE OF THING. UM, WHAT THAT WOULD NOT CONVEY. AND THAT'S BECAUSE THAT'S NOT A PART OF THIS APPLICATION. SIMPLY REMOVING DELI WOULD NOT ENABLE FAST FOOD. THAT WOULD BE A DIFFERENT TYPE OF APPLICATION THAT WOULD REQUIRE A, A, A SEPARATE SPECIAL PERMIT FROM THE ZONING BOARD AS WELL AS DUE TO THE RESULT OF THE ZONING. I'M SORRY, THE, THE PARKING REQUIREMENTS, WHICH ARE MORE STRINGENT FOR FAST FOOD WOULD BE A MUCH DIFFERENT APPLICATION. SO, UM, THAT WOULD NOT BE SOMETHING THAT YOU WOULD BE ENABLING BY REMOVING DELICATESSEN. OKAY. IF THEY SOUGHT A, UH, UH, A FAST FOOD, THEY WOULD HAVE TO COME BACK TO THE ZONING BOARD, APPLY FOR THAT, OR APPLY FOR THAT SPECIAL PERMIT, AS WELL AS AN OFF STREETT PARKING VARI. SO I JUST WANTED TO BE CLEAR THAT YOU UNDERSTAND THAT WHATEVER DECISION YOU MAKE, IF IT'S IN FAVOR, YOU'RE NOT AUTHORIZING A FAST FOOD USE WHICH COULD POTENTIALLY OVERWHELM THE SITE FROM TRAFFIC AND OTHER, YOU KNOW, CONDITIONS. ALRIGHT, THANK YOU FOR THAT CLARIFICATION. THANK YOU. SO THE, THE OTHER QUESTION THAT I HAVE IS, COULD WE JUST DEFINE DELICATESSEN? SO I JUST ACTUALLY WENT AND LOOKED AT THE DELI AT WHAT DELICATESSEN? MERRIAM WEBSTER. AND IT JUST TALKS ABOUT PREPARED FOODS. IT DOESN'T LIMIT IT TO WHAT WE THINK OF WHEN WE THINK OF A DELI. SO MAYBE WE JUST DEFINE DELICATESSEN ULTIMATELY TO ITS TRUE MEANING. I, YEAH. YOU KNOW, AND, AND IT IS INTUITIVE AND, AND OFTEN DONE IN PLANNING TO CONSULT A DICTIONARY WHEN THERE'S NOT A SPECIFIC DEFINITION WITHIN A ZONING ORDINANCE. UM, BUT ULTIMATELY, I DON'T KNOW IF I WOULD RECOMMEND, AND, YOU KNOW, MAYBE I WOULD DEFER AND, AND, AND SEEK ED'S KNOWLEDGE HERE, BUT, UM, I DON'T KNOW IF I WOULD ESTABLISH A DEFINITION OF A DEC UH, DELICATESSEN THROUGH THIS PROCESS. I THINK THAT WOULD BE SOMETHING THAT, UM, WOULD BE MORE APPROPRIATE FOR, YOU KNOW, THE TOWN BOARD THROUGH ZONING LEGISLATION. IF WE HAVE THE, THE OPPORTUNITY TO, TO RECONSIDER, WHICH IS WHAT YOU'RE SUGGESTING. LET'S JUST TAKE THAT WORD OUT, WHICH IS SO VISUALLY SPECIFIC IN EVERYONE'S MIND. AND, AND YOU KNOW, IT'S, IT'S COLLOQUIAL DEFINITION RATHER THAN A A, A, A A, A STANDARD DEFINITION. PEOPLE SEE IT AS A DIFFERENT THING. AND, AND THEN THEREFORE THE RENTER, IT'S GONNA SEE IT THAT WAY, SAYS WE'RE NOT A DELI. YOU KNOW, AND THAT'S, THAT'S THEIR FEAR. AND THAT'S THE FIRST THING THAT STOPS THE NEGOTIATIONS FROM, UH, PROCEEDING. I HAVE NO, I THINK YOUR CLIENT WANTED TO ADD SOMETHING. UM, EXCUSE ME. NO, . THIS IS, THIS IS YOUR PRE PRESENTATION. UM, ACTUALLY, I, I PREPARED, UH, UM, JUST STATE YOUR NAME, PLEASE SAY YOUR NAME. OH, I'M SORRY. VERY SORRY. UH, ERNEST TO TAG LEON, UM, I HAVE BEEN THE OWNER. I BUILT THAT BUILDING 35 YEARS AGO. I WAS THE GUY THAT MIXED THE MORTAR AND THREW THE BLOCKS. I PLANTED FLOWERS ON THAT CORNER. [00:45:02] OH MY GOD. AND TO SEE IT. NOW MY HEART IS IN TEARS. REALLY? I HOPE I'M NOT GONNA CRY NOW, BUT, UH, I TOOK, THAT WAS MY BABY. AND, UM, I'M 73. I CAN'T RUN A DELI ANYMORE FOR THE LAST FOUR YEARS. THAT PLACE HAS BEEN FANTASTIC. FANTASTIC FOR THE TOWN. FOUR WOMEN THAT HAD TWO OR THREE KIDS THAT WERE IN CAR SEATS THAT COULDN'T COME IN. THEY USED TO COME TO THE WINDOW OR THEY USED TO CALL FOR A FAXED ORDER OR, OR WHATEVER. AND THEY, THAT'S AN ASSET TO GREENBURG. I, I ACTUALLY, YOU GUYS KNOW THAT. AND I, AND I, AND I, AND I TOOK CARE OF PEOPLE AT THE WINDOW THAT HAD WALKERS ON THIS SIDE WHERE THE PASSENGER WAS. AND THEY COME TO THE WINDOW, I SAYS, LOOK AT THIS GUY. HE PROBABLY COULDN'T EVEN COME IN HERE BECAUSE OF THAT WALKUP. 'CAUSE IT WAS SNOWING. OF COURSE IT WAS A LITTLE ICY. I SAYS, I DIDN'T REALIZE WHEN I ASKED THE BOARD FOR A DRIVE THROUGH THAT THIS WAS SUCH AN ASSET TO THE PEOPLE. COVID, HANDICAPPED MOMS WITH YOU LADIES KNOW IF YOU GOT TWO OR THREE KIDS, YOU PUT ONE, PUT YOU THIS WAY, THAT WAY IT, IT, LISTEN. BUT TO SEE IT LIKE THAT, I MEAN, I, I PUT MY HEART AND SOUL INTO IT AND I WENT OVERBOARD REFIX IN THE WHOLE PLACE. IF IT'S THE ONLY BUILDING IN GREENBURG, YOU CAN GO AROUND THERE, THERE'S GREENERY, THE BACK, THERE'S NO BACK. EVERYTHING IS DECORATED. AND I HAD TO BOARDED UP BECAUSE SOME KIDS TRY TO BREAK IN THERE AND IT LOOKS SO BIG NOW. I HAD A LOT OF PEOPLE LOOKING, BUT THEY DON'T WANT TO GO TO ZONING AND THEY DON'T WANNA WAIT. BUT WE'LL GO SOMEWHERE ELSE. UM, I MADE A LITTLE STATEMENT ON, ON, UH, MY APPLICATION IF YOU COULD CHANGE IT TO, TO, TO THAT STATEMENT. NOW GARRETT AND THE BUILDING DEPARTMENT IS A FANTI, THIS GUY RIGHT HERE. I EMAIL HIM ON A SATURDAY OR SUNDAY, I GET A RESPONSE. THIS GUY'S PHENOMENAL WHO RESPONDS ON A SUNDAY, BUT THEY'RE CAPABLE. AND THEY TOLD ME, NO FAST FOOD. NO FAST FOOD. THAT'S IT. BUT, UM, I DON'T KNOW. I, I MADE A LITTLE STATEMENT OVER THERE THAT IF YOU GUYS COULD LOOK AT IT AND READ IT, UH, AND CHANGE IT TO THAT, I WOULD BE IMMENSELY APPRECIATED. I DON'T WANNA TALK TOO MUCH 'CAUSE I'M NOT. OKAY. OKAY. ALRIGHT. THANK YOU. THANK YOU. CAN WE SEE IF THERE'S ANYONE IN THE AUDIENCE THAT WANTS TO COMMENT ON THIS COME UP, OUR FAVORITE SPOKESPERSON FROM THE AUDIENCE? PERSON. . GOOD EVENING EVERYONE. GNY BARK. DARI AGAIN. UM, I'M FOR, UH, ERNIE TO, UH, REMOVE THE WORD DELICATESSEN TO ALLOW MORE OPTIONS IN THAT LOCATION. UH, AND AGAIN, TO ALLOW MORE CHOICES TO COME IN. I UNDERSTAND THE, UM, THE REQUIREMENT FOR FAST FOOD, AND I THINK THAT'S A GOOD REQUIREMENT. YOU GUYS WOULD HAVE TO BE INVOLVED AGAIN, IF THAT WAS THE CASE, AS WOULD A CHANGE OF USE WE BROUGHT UP FOR THE CHASE BANK OR ANY KIND OF BANK THAT WOULD REQUIRE THE QUEUE TIMES ARE DIFFERENT THAN THE WAIT TIMES ARE DIFFERENT THAN THE PARKING REQUIREMENTS DIFFERENT. SO YOU'D HAVE TO BE INVOLVED IN THAT KIND OF APPLICATION REGARDLESS. SO I, I THINK THE CHANGE OF REMOVING THE, WOULD YOU SAY COLLOQUIAL? YOU SAID THE COLLOQUIAL DELICATE ASCENT, WHICH WE ALL HAVE THIS VISUAL OF WHAT THAT MEANS FROM IT. I, I THINK THAT THAT'S A, THAT'S A POSITIVE THING FOR THE TOWN OF GREENBURG. THANK YOU. NOT THE COUPON . YOU BETCHA . THERE WILL BE TIMES WHEN I SAY BAD THINGS, ANYONE ONLINE? NO. OH, OKAY. ALL RIGHT. I THINK WE'RE CLEAR AS TO WHAT THE ISSUE IS. OKAY. THE ONLY THING IS THAT I, I'M JUST WONDERING, YOU'RE NOT ON THE, YOU'RE NOT ON QUIET, YOU NOT ON MICROPHONE, , IS THERE SOMETHING THAT YOU REALLY WISH TO SAY? YOU HAVE TO COME UP. OKAY. ALL RIGHT. THANK YOU. ALRIGHT, SO WE'RE NOT GONNA VOTE TO REOPEN THIS. WE'RE JUST GONNA LOOK AT CHANGING THE TERMINOLOGY OR REMOVING THE WORD DELI. NO, THIS IS A, HOLD ON. [00:50:08] I TOLD HIM WE WERE SUPPOSED TO TREAT IT AS A NEW, BECAUSE AS AN ALTERNATIVE, RIGHT? YEAH, NO, WE, WE HAVE IT'S COVERED IN HERE. OKAY. OKAY. MOVING ON TO OUR NEXT CASE, WHICH IS CASE 2243. 42. SYLVIA? OH YEAH, SORRY. HELLO. WELCOME, MS. EMMER. UM, COULD YOU DO AN AUDIO CHECK THERE? YES. AM I COMING THROUGH? OKAY? YEAH, IT SOUNDS PRETTY GOOD. VERY GOOD. WELCOME. OKAY. ALL RIGHT. FEEL FREE TO, UH, BEGIN, MA'AM. OKAY. SO, UH, WE HAD GOTTEN THE APPROVAL FOR OUR, UH, RENOVATION PLANS AT 1 0 2 EDGEMONT ROAD, SCARSDALE, UH, A COUPLE YEARS AGO. AND, UM, IT WAS REALLY AT THE HEIGHT OF THE PANDEMIC, AND WE WEREN'T ABLE TO GET MOVING ON OUR PLANS AS WE HAD HOPED. LIKE ALL OTHER PARENTS, WE WERE, YOU KNOW, PRETTY DISRUPTED WITH WORKING FROM HOME. MY, OUR, OUR TWO KIDS WERE LEARNING FROM HOME, UM, WELL INTO 2000, 20, 21 I THINK IT WAS. AND SO WE, WE WERE PRETTY DISRUPTED EVEN THOUGH, UM, WE HAD GOTTEN APPROVALS AND HAD ALL GOOD INTENTIONS TO GO FORWARD. UH, WE, WE KIND OF GOT DERAILED BY THE PANDEMIC AND, UH, UM, ALSO LIKE WE SAW IN OUR NOTE, UM, WE, UH, OUR, OUR YOUNGER DAUGHTER, IT TOOK A LONG TIME TO GET APPROVALS FOR HER AGE GROUP TO GET VACCINATED. SO, UM, YOU KNOW, WE WERE KIND OF BEING OVERLY CAUTIOUS. SO, UM, WE ARE READY TO GO. UH, WE'RE ASKING FOR AN EXTENSION. NOTHING HAS CHANGED. THANK YOU, GARRETT. I'M ASSUMING YOU'RE, YOU'RE PROJECTING MY PLANS THERE. UM, IT ALL, IT ALL IS THE SAME AS I, I THINK THIS, I'M NOT SURE IF IT WAS THE SAME GROUP THAT, THAT LOOKED AT IT BACK A COUPLE OF YEARS AGO, AND I COULD ANSWER ANY OF YOUR QUESTIONS. WE ARE READY TO GO. AS SOON AS THE WEATHER CHANGES, UM, UH, IS WARMER TO BE ABLE TO DO, UH, CONCRETE WORK, WE, WE ARE READY TO, TO SIGN WITH A GENERAL CONTRACT. OKAY. UM, SO YOU'RE SAYING THAT NOTHING HAS CHANGED IN TERMS OF WHAT YOU ARE REQUESTING IN FOR, UH, FOR VARIANCES, BUT HAVE CORRECT, THERE BEEN ANY CHANGES IN THE NEIGHBORHOOD, LIKE, UH, YOUR NEIGHBORS OR NEW CONSTRUCTION OR ANYTHING THAT MIGHT MAKE US NEED TO TAKE A CLOSER LOOK AT WHAT YOUR SURROUNDINGS ARE? NOT THAT I'M AWARE OF. I KNOW THE PROPERTY ABOVE US, UH, WAS SOLD. UM, I DON'T, WE CAN'T EVEN SEE THE PROPERTY ACROSS THE STREET FROM US. IT'S, UM, IT HAS A HUGE RETAINING WALL. IT'S A HUGE PROPERTY. I, I DON'T KNOW THAT THEY'VE MADE ANY CHANGES. OUR TWO NEXT DOOR NEIGHBORS HAVE, NOT, NOT THAT I'M AWARE OF. NOTHING HAS CHANGED THAT I'M AWARE OF. OKAY. THANK YOU. ANYONE IN THE AUDIENCE COMMENTS ON THIS MATTER? ANY NEIGHBORS? DO YOU HAVE ANYTHING FROM NEIGHBORS? OOPS. WHOOP. YES. OH, HERE WE GO. MY NAME IS ROBERT SCHROER. S C H R O E G E R. SOME OF THE FACES HERE ARE FAMILIAR TO ME AND, UH, SOME ARE RELATIVELY NEW TO ME. I'M JUST A, AN INTERESTED NEIGHBOR SPEAKING IN SUPPORT OF THE APPLICANTS. UH, THIS IS THE, UH, NEIGHBORHOOD REFERRED TO NOW AS OLD EDGEMONT PREVIOUSLY REFERRED TO AS EDGEMONT. AND IT'S A, UH, VERY DISTINCTIVE AND QUAINT NEIGHBORHOOD. UH, MOSTLY TUDOR HOMES. AND THIS IS ONE TUDOR HOME AND IT'S OTHER, UH, OUTSTANDING CHARACTERISTIC. IT'S IN A, UH, RELATIVELY, UH, AFFORDABLE AREA WITHIN EDGEMONT. UH, IF THE PARCELS ARE SMALL, I BELIEVE THIS HOUSE IS IN A R 5,000 ZONE. IT IS PICTURESQUE FROM THE STREET. UH, CERTAINLY NOTHING ABOUT IT IS OFFENSIVE. [00:55:01] UH, AND I KNOW THAT, UH, MY PREFERENCE WOULD BE FOR THE BOARD TO ALLOW THE NEIGHBORS TO DO WHATEVER THEY DO SO THAT THEY CAN CONTINUE TO KEEP THE RESIDENTS PRETTY MUCH THE WAY IT IS VISUALLY AS APPEALING AND AS EQUALLY COMPLIMENTARY TO THE NEIGHBORHOOD. UH, I DON'T KNOW THE FAMILY WELL, BUT I KNOW THEM WELL ENOUGH THAT I WA PROBABLY WAVE TO, UH, ONE OR THE OTHER OF THEM, UH, SEVERAL TIMES A WEEK AS I PASS BY. BECAUSE I LIVE AT 20 SHERWOOD PLACE, WHICH IS THE NEXT STREET DOWN FROM, UH, FROM EDGEMONT. UH, WE'VE, UH, WE'VE HAD SOME, UH, SITUATIONS IN THE NEIGHBORHOOD WHERE PEOPLE BUY PLACES THAT HAVEN'T BEEN ABLE TO BE UPDATED AND SO FORTH, AND THEY DO KNOCKDOWNS AND THEN THEY REPLACE THEM WITH SORT OF NON, UH, AESTHETICALLY SYMPATHETIC PLACES. I WOULD LIKE THAT NOT TO BEFALL THIS PLACE, BUT I DO UNDERSTAND WHERE IT NEEDS SOME REPAIRS AND SOME SPRUCING UP AND SOME VERY, VERY MINOR CHANGES FROM WHAT I CAN SEE. THAT'S IT. THANK YOU. THANK YOU. JUST BY THE WAY, BECAUSE PEOPLE SEEM TO THINK IT MEANS SOMETHING. I'VE LIVED IN THE NEIGHBORHOOD SINCE, UH, THE MID 1940S. HMM. AND YOUR MOM WAS PUSHING YOU IN THE PRAM? , UH, THAT'LL GIVE AWAY MY AGE. ALREADY SEVERAL YEARS WALKING . I WAS ALREADY SEVERAL YEARS WALKING BY THE TIME I GOT HERE IN 1946. OKAY. . ANYONE ELSE? 82. ALL RIGHT. SO I IMAGINE THERE'S NOTHING THAT YOU WANT TO ADD, MS. IMMER, YOU'VE MADE IT VERY PLAIN TO US AND CLEAR, I BELIEVE. AM I CORRECT? NOTHING MORE TO ADD. THANK YOU. YOU'RE WELCOME. OKAY, SO NOW WE GO TO CASE 2244, MICHAEL MONTEZ, 1 33 FLORENCE AVENUE. GOOD EVENING AGAIN. EMILIO ESCALADES ARCHITECTS AND ENGINEERS, UH, AGAIN, THIS, THIS IS ONE THAT TUGS OF MY HEART, AND I'M NERVOUS ABOUT IT BECAUSE I WANNA EXPLAIN IT CORRECTLY TO THE BOARD. THIS PICTURE THAT WAS PUT UP IS ACTUALLY THE MOST IMPORTANT, AND IT REALLY ESTABLISHES THE REASON WHY I TOOK THIS CASE, BECAUSE IT EXPLAINS FULLY THE EMOTIONAL PUSH THAT THE OWNER WHO'S A, UM, A CAR GUY FROM THE BRONX WANTS TO MOVE HIS FAMILY TO A NICER NEIGHBORHOOD IN GREENBURG. HE SAW THE OPPORTUNITY OF THIS HOUSE THAT WAS KIND OF ABANDONED, SO IT'S ACTUALLY A, YOU KNOW, A GOOD THING FOR THE NEIGHBORHOOD. THE HOUSE WAS IN TOTALLY DISREPAIR. AND HE COMES IN AND HE, THIS PICTURE IS A COP, UH, A PHOTOGRAPH OF THE ELEMENT THAT'S IN QUESTION. HE SAW THIS PARTICULAR PORTION OF THE HOUSE AND HE BEGAN TO FIX IT. AND YET THIS PARTICULAR PIECE OF, UH, UH, STRUCTURE WAS IN VIOLATION WHEN HE BOUGHT IT, HAD NO WAY OF KNOWING IT. HE'S NOT A ZONING MAN. HE DIDN'T HAVE AN ARCHITECT, HE DIDN'T HAVE ANYBODY. HE JUST SAID, I'M GONNA FIX THIS FOR MY FAMILY AND EXTEND IT. SO WHEN YOU, WHEN YOU LOOK AT THIS FIRST PICTURE OF THE PACKAGE, THAT'S THE REAR OF WHAT HE HAS BUILT. AND AS IT STANDS RIGHT NOW, AND THE LINE WORK TRIES TO DEFINE AND CLEARLY SHOW YOU THAT THE BLACK LINE THROUGH THE MIDDLE IS THE SETBACK REQUIREMENT. THAT SETBACK REQUIREMENT, YOU MAY NOT HAVE THIS ONE IN YOUR, IN THAT SUBMISSION BECAUSE THIS, I DREW TODAY TO MAKE IT CLEAR TO THE BOARD, BECAUSE THERE WAS SO MANY LINES IN THAT SUBMISSION. THIS MAKES IT A LOT CLEARER. THE BLACK LINE SHOWS YOU WHERE THE SETBACK THAT WAS SUPPOSED TO BE HONORED IS, AND THE ORIGINAL HOUSE WAS SAFELY WITHOUT [01:00:01] THE ILLEGAL ADDITION THAT HE INHERITED WAS SAFELY WITHIN THAT SETBACK. WHEN HE COMES IN AND BUYS IT AND FIXES IT AND IMPROVES IT, HE IMPROVES IT TO THAT DIMENSION, THE DIMENSION OF THAT, WHICH IS WHERE THE YELLOW LINE IS, THEREFORE FORCING, IF HE WANTS TO LEGALIZE THIS VOLUME AS HE PURCHASED IT AND IMPROVED IT AND REQUIRED 3.1 VARIANCE TO THE PROPERTY LINE, THIS IS IT. THIS IS EVERYTHING. SO THE VARIANCE THAT WE'RE CONFRONTING AND HOPING TO OBTAIN IS FOR THE ACTUAL DISTANCE THAT THE ILLEGAL SHAPE THAT HE INHERITED, THAT HE IMPROVED THROUGH THE ENTIRE LENGTH OF THE HOUSE, IS NOW REQUIRING FOR THAT SHAPE TO EXIST. IF THAT IS NOT GRANTED, THIS HAS TO BE TAKEN DOWN. THAT'S IT. IT'S AS SIMPLE AS THAT. SO, AND, AND, AND THE, AND THE REASON WHY IT WAS BUILT IS BECAUSE HE BELIEVED THAT THAT FRONT WAS PART OF THE HOUSE AND HE SIMPLY EXTENDED IT TO THE REAR. STUPID ERROR. YES. BIG MISTAKE, YES. BUT HE HAD NOBODY GUIDING HIM. HE HAS SPOKEN TO THE NEIGHBOR. THE NEIGHBOR HAS NO PROBLEM. THE NEIGHBOR IS HAPPY THAT HE'S FIXING THE HOUSE. SHE SAID THIS WAS A MESS HERE FOR YEARS. SO IT'S AN IMPROVEMENT IN HER EYES. IT CERTAINLY WOULD HELP HIM TO ALLOW THAT STRUCTURE TO REMAIN. HE CAN CONTINUE AND FIX. HE'S, WE'RE WAITING FOR A RELEASE OF THE VIOLATION SO THAT HE CAN FINISH THE HOUSE. IT'S, IT'S FRAMED, IT'S GUTTED INSIDE. IT'S READY, IT'S READY TO RECEIVE THE NEW FAMILY. AND, UM, THAT'S IT. THERE'S REALLY NOTHING MORE TO EXPLAIN IS AS SIMPLE AS THAT. WE'RE IN YOUR HANDS. SO HOW, HOW DID YOUR CLIENT ACQUIRE THE PROPERTY THAT, WELL, WHEN YOU BOUGHT IT, YOU BOUGHT IT AS WELL, UH, WITH THE, WITH THE SITUATION THAT I SHOWED YOU? NO. HOW, HOW, WHAT DO YOU, YOU MEAN, WAS IT BY, IN OTHER WORDS, WAS IT A FORECLOSURE? WAS IT FROM AN ESTATE? WAS IT, I MEAN, WAS IT SOMETHING THAT WAS ADVERTISED? MY NAME IS MICHAEL MANTAS. I BROUGHT IT ON TO A REALTY COMPANY. THE OWNERS WERE OLD, AND I GUESS WHEN, UM, THERE WAS A FLOOD A COUPLE OF, A COUPLE OF YEARS AGO IN THE TOWN OF GREENBURG, THE, THE SEWER LINE GOT BACKED UP. SO WHEN IT GOT BACKED UP, THE HOUSE WAS COMPLETELY, COMPLETELY FLOODED WITH WATER. SO THEY WERE ALREADY AN OLD COUPLE. THE, THE LAST NAME WAS SOLOMON. AND, UM, THEY COULDN'T LIVE THERE. LIKE THEY TRIED TO LIVE THERE AS MUCH AS THEY COULD HAVE, AND THE KIDS TOOK THEM DOWN TO ATLANTA, BUT THE HOUSE WAS IN BAD SHAPE. TWO OLD PEOPLE COULDN'T MAINTAIN THE HOUSE ANYMORE. SO HOW DID YOU CONTACT THEM TO GET IT? UM, THROUGH A REAL ESTATE BROKER. OKAY. NEXT DOOR. AND THEN WE SPOKE BACK AND FORTH AND WE CAME TO AN AGREEMENT AND I WAS ABLE TO PURCHASE THE PROPERTY. DID YOU USE, UM, A BANK FOR A MORTGAGE FOR THIS OR NOT? YES. YOU DID? YES. SO THERE WAS A TITLE SEARCH DONE. I WOULDN'T KNOW HOW TO ANSWER THAT. LIKE I DON'T, I DON'T NORMALLY, IF THERE'S A BANK INVOLVED, YOU WOULD HAVE A TITLE SEARCH SO THAT THE, THE BANK WOULD KNOW THAT THE PROPERTY IS LEGAL AND THERE ARE NO ISSUES WITH IT. AND A TITLE SEARCH WOULD SHOW PRETTY MUCH WHERE THE LINES ARE OF THE DIMENSIONS OF THE PROPERTY, ET CETERA, AND WHAT YOU COULD DO. I'VE SEEN SITUATIONS LIKE THIS WHERE THE BANKS FAIL TO REALLY, UH, I THINK IN THIS CASE THAT THAT'S THE WAY IT WAS. THEY DIDN'T SEE IT. THEY WANTED THIS PROPERTY SOLD, AND EITHER THEY DIDN'T SEE IT OR THEY WERE NEGLIGENT. YOU'RE ABSOLUTELY RIGHT. THAT'S WHAT, SO YOU'RE SAYING THE BANK OWNED IT, BUT HE'S SAYING THAT, UH, APPARENTLY THIS WAS LISTED WITH A REALTOR. OH, I SEE. OKAY. YEAH, AGREE. SO I'M A LITTLE, I'M A LITTLE CONFUSED HERE. I MEAN, THIS IS SOMEWHAT UNUSUAL. I MEAN, IT'S NOT AS THOUGH HE JUST, THE, WHEN YOU STARTED OFF WITH IT, TO BE HONEST, MR. ESCALADAS, IT SOUNDED AS THOUGH THIS WAS SOMEONE WHO WAS IN THE, IN THE AREA AND WHO SAID, I CAN FIX THIS UP AND I CAN MAKE THIS AND I CAN ACQUIRE IT. BUT THAT'S REALLY NOT WHAT HAPPENED HERE. I DON'T, I FOUND HE FOUND SOME, HE FOUND SOMETHING FOR SALE THAT HE FELT HE COULD FIX UP. AND, UM, APPARENTLY BY GETTING A MORTGAGE WENT THROUGH ALL THE PROPER CHANNELS. SO SOMETHING OBVIOUSLY FELL THROUGH THE CRACKS HERE. RIGHT. BUT I SAW THE, THE ABILITY IN THE HOUSE SO THAT I CAN MOVE MY FAMILY IN. OH NO, I UNDERSTAND THAT. NO, NO, THEY UNDERSTAND THAT. YEAH. OH, OKAY. NO, I GET THAT. NO QUESTIONS. AND I DIDN'T, IT WASN'T LIKE I WENT IN THERE AND BUILT THE STRUCTURE, LIKE THE STRUCTURE WAS ALREADY THERE. ALL I DID WAS FIX IT. I KNOW. AND MAKE IT LOOK MORE APPEALING. SO THAT HOPEFUL IN THE NEAR FUTURE, I CAN MOVE IN AND HAVE ENOUGH SPACE FOR [01:05:01] MY FAMILY. WHAT DOES YOUR FAMILY CONSIST OF? ME, ME, MY GIRLFRIEND AND I HAVE ONE DAUGHTER, AND I TAKE CARE OF MY MOTHER SINCE MY DAD LEFT HER. SO YOUR MOTHER LIVES WITH YOU ALSO? YES. SO, UM, WHAT YOU WOULD LIKE TO HAVE IS THE SPACE USED AS, UH, I GUESS A MASTER BEDROOM AND ANOTHER BATHROOM? IS THAT YES. BASED UPON WHAT I SEE HERE? YES. THAT WOULD BE YOUR MOM'S, THAT WOULD BE MINE'S. THAT'S YOUR MASTER. BUT IT'LL, IT'LL, IT'LL GIVE ME SOME TYPE OF PRIVACY AND SHE'LL HAVE HER OWN SPACE THOUGH. AND BUILDING ON TO WHAT YOU SEE ON THE FRONT OF THE HOUSE, WHEN YOU FIRST SAW IT, DID YOU GO TO THE BUILDING DEPARTMENT TO GET ANY TYPE OF PERMIT SO THAT YOU COULD ADD TO IT IN ANY WAY? NO. YOU DID NOT. AND YOU DID ALL THE WORK YOURSELF? OR DID YOU HIRE SOMEONE? I DID IT WITH A FRIEND OF MINES THAT HAS A CONSTRUCTION COMPANY. AND, AND IS THERE SOMEONE THAT THEIR BUSINESS IS IN THIS COUNTY OR NOT? UM, YES, WESTCHESTER COUNTY, BUT THEY MOSTLY DO WORK IN THE BRONX IN NEW JERSEY. BUT THEY SOUND LIKE A BUSINESS. WHO KNOWS? YOU HAVE TO GET PERMITS TO BUILD. I DON'T, I DON'T WANNA PUT BLAME ON NOBODY FROM THE MISTAKE, MISTAKE THAT I DID. NO, I'M, I'M JUST SAYING LIKE, I CAN'T POINT FINGERS AT NOBODY. I MADE THEM, I MADE THE MISTAKE. YEAH, NO, WHEN YOU HAVE SOMEONE THAT YOU KNOW KNOWS A BUSINESS, YOU ALSO RELY UPON THEM TO MAKE SURE THAT, YOU KNOW, MAKE ANY MISTAKES IF YOU CAN. 100%. A HUNDRED PERCENT. AND THAT'S WHAT YOU'RE DOING NOW, OBVIOUSLY, IS YOU'RE TRYING TO, WHEN I WALKED IN THERE, I YELLED AND SCREAMED. I SAID, WHAT ARE YOU DOING? WHO'S THE GUY? I DID THE SAME THING YOU DID. I I ASKED WHO, WHO DID THIS? AND HOW CAN HE ALLOW HIM TO GUIDE YOU THIS FAR? I MEAN, IS IS, DOES THE HOUSE CONFORM TO THE ZONING REQUIREMENTS IN EVERY OTHER WAY? YES. HOW FAR HAVE YOU GOTTEN WITH THE CONSTRUCTION? IT'S ALL GUTTED. IT'S FRAMED PROPERLY. I LOOKED AT IT AND I SAID, YOU CAN ACTUALLY SHEET ROCK THIS. I WOULD GIVE MY BLESSING ON THIS FRAMING. SO, SO THE PLUMBING IS IN AND EVERYTHING? NO. OH, NO, NO. IT'S JUST GUTTED. IT'S JUST GUTTED. WHEN YOU SAID YOU COULD SHEET ROCK IT, THAT'S WHY IT JUST, THEY JUST GUTTED ALL THE GARBAGE. THEY CLEANED IT, BUT THEY FINISHED THE FRAME ON THE RIGHT SIDE. THEY CONTINUED THE FRAME THAT WAS THERE. RIGHT. OTHER QUESTIONS FROM THE BOARD? I SWEAR GOD SENDS ME THESE PEOPLE. I SWEAR IT JUST, UH, I HAD A QUESTION. UM, IF IT'S ALL RIGHT, SO I KNOW IT'S NOT A LOT OF SPACE THERE BETWEEN, UM, THE PROPERTY LINE AND THE ADDITION. DID, DO YOU FEEL LIKE THE SPACE LENDS ITSELF FOR ANY TYPE OF BUSHES OR SHRUBS OR ANYTHING? FEET IN 3.1 FEET NOT LEND ITSELF FOR THAT FEET? IT, IT, IT PROBABLY DOESN'T MAKE SENSE ONLY BECAUSE YOU NEED TO WALK AROUND THE HOUSE. SO IF ANYTHING, A TRELLIS THAT WOULD ONLY OCCUPY 12 INCHES, THAT COULD PUT SOME GREENERY, WE COULD. SO IF IT'S A QUE IT'S A QUESTION OF OF OF OF, OF CREATING PRIVACY BETWEEN THE TWO. YES. THE TRS WITH A CRAWLING TYPE OF GREENERY. IS THERE, IS THERE ANYTHING BETWEEN LIKE A FENCE OR ANYTHING BETWEEN WE COULD YOU THERE IS NOT, NEVER WAS ASKING ABOUT NOW, RIGHT? THERE ISN'T ANYTHING NOW. OKAY. BUT IF YOU DID PUT THAT UP, WOULD THE THREE FEET ALLOW YOU? I GUESS IT COULD BECAUSE YOU HAVE THE FRONT AND THE BACK OF THE HOUSE AND IT'S JUST ONE STORY. YOU GO THROUGH THIS WAY WITH A HAMMER, YOU CAN, YEAH, YOU CAN'T. AND, AND ALSO IT'S, IT'S JUST THE, THAT ONE STORY. BUT, SO IT'S ENOUGH TO COMPLETE THE HOUSE, TO DO THE SIDING AND, AND NOT INVADE THE PROPERTY. LIKE, LIKE I SAID, MY FIRST QUESTION IS, IS THE NEIGHBOR OKAY WITH THIS? AND SHE SAID HE WAS VERY HAPPY, YEAH. THAT, THAT THIS IMPROVEMENT WAS DONE. 'CAUSE THAT HOUSE WAS KIND OF ABANDONED AND ROTTING AWAY, SO IT LOWERED HER PROPERTY. SHE WAS VERY HAPPY. AND THAT'S ALL I WANTED TO HEAR. 'CAUSE THAT WOULD BE THE MOST IMPORTANT THING TO THE BOARD DO. ARE YOU OCCUPYING ANY PART OF THE HOUSE NOW? NO. NO. IT'S, IT'S BARREN. IT'S EMPTY. IT'S LIKE, IT'S STILL EMPTY. IT'S A CONSTRUCTION DEBRIS, BUT CLEAN. IT'S, IT'S LIKE WHEN YOU TAKE OUT EVERYTHING AND YOU, YOU JUST SEE THE WOOD FRAME. WHEN DID YOU START WORKING ON IT? IN THE ENDING OF THE FIRST WEEK OF APRIL, YOU COULD SAY. OKAY. ALL RIGHT. I DON'T HAVE ANY OTHER QUESTIONS. UM, DOES, DID THE WORD, UM, FLOOD CONCERN YOU AT ALL? IT DIDN'T CONCERN ME BECAUSE AS LONG AS YOU CLEAN IT UP AND YOU DO THE WORK CORRECTLY, THERE'S LIKE REALLY NO CONCERN. AND THE SIZE OF THE HOUSE, THE EXTERIOR AND THE INSIDE IS PRETTY DECENT. SO I LIKE THE SPACE BECAUSE IT'S A CORNER PROPERTY. I DON'T KNOW IF THAT ANSWERS YOUR QUESTION, BUT THE FLOOD WAS [01:10:01] FROM THE SEWER. THE FLOODING WAS DUE TO THE SEWER IN THE TOWN OF GREENBURG. IT WASN'T THAT THE HOUSE FLOODED, SO I GUESS STORM EVERYBODY IN THE, IN THAT SECTION OF GREENBURG WAS FLOODED BECAUSE MY NEXT DOOR NEIGHBOR'S HOUSE WAS ALSO FLOODED AND SHE HAD TO DO REPAIRS THAT WHEN I WAS WORKING, I ACTUALLY HELPED HER. AND WHEN SHE SAW ME CLEANING AND REPAIRING THE HOUSE, SHE WAS VERY HAPPY. I GUESS PEOPLE USED TO GO IN THERE, IN THE FRONT OF THE HOUSE BECAUSE IT WAS ALL BUSHED UP. SO DO YOU KNOW IF THAT WAS THE IDA STORM IN 2021? I THINK SO. I'M SURE IT WAS. YEAH, BECAUSE THE WHOLE DRAIN BACKED UP, SO. OKAY. ANY COMMENTS FROM AN AUDIENCE? NO. NOTHING. ALL RIGHT. OKAY. THANK YOU. THANK YOU EVERYBODY. SO WE WILL BRIEFLY ADJOURN AND THEN TAKE UP OUR DELIBERATIONS. RECORDING STOPPED RECORDING IN PROGRESS. MIC'S ON EVERYBODY. MIC ON. OH, SORRY. ALRIGHT, SO, UM, BJ'S. BJ'S. YEP. SO I THINK I EXPRESSED MYSELF ALREADY. . SO WHERE DID WE LEAVE OFF? WE, UM, OKAY, SO THE FIRST CASE IS BJ'S. YES. UM, THAT'S WHAT I MEANT. WHERE DID WE LEAVE OFF WITH BJ'S? I SAID, I SAID I THINK 16 FEET IS A MISTAKE, RIGHT? IT UH, SO DO THEY NEED TO, THEY RENO? NO, NOT BECAUSE THEY'RE ASKING 'CAUSE THEY'RE ASKING FOR SOMETHING LEFT MORE. IF IT WAS A MISTAKE ON THE, ON THE LOW END THAT THEY NEED MORE, THEN YOU'D HAVE TO RE-NOTICE. THEN YOU'D HAVE TO RE-NOTICE IT. BUT IF THEY'RE GOING SMALLER THEN YOU DON'T NEED TO RE NOTICE. OKAY. SO I THINK THEY, THEY SAID 13 AND A HALF FEET? YEAH, 13.6 0.6. AND THE QUESTION IS THERE, DOES THAT INCLUDE, WHAT IS THE DISTANCE BETWEEN THE, THE LOGO AND WHAT THEY CALL THE CABINET? WHAT THE, WHAT WAS IT? THAT CABINET, THE CABINET THEY CALLED THE CABINET. THEY, THEY SAID THAT COULD BE REDUCED TO 18 INCHES. NOW WOULD THAT MAKE IT LESS THAN 13.5 OR? I THINK IT WOULD, YEAH. YEAH. 'CAUSE IT'S, IT COUNTS THE GAP. UM, SO, UM, WE, WELL THEN I THINK WE MAY NEED TO PUT THIS OVER JUST TO BE ABLE TO CALCULATE WHAT, SO IT SOUNDS LIKE TWOFOLD. WHY DON'T WE ASK THEM AS IS WHAT'S THE CORRECT DIMENSION, UM, AS IS. AND THEN I THINK, UH, LEWIS AND OTHERS HAD, WE'RE CURIOUS IF THEY REDUCE THE GAP BETWEEN THE BJ'S AND THE WHOLESALE CLUB. UM, DOES THAT MAKE THIS OVERALL STACKED HEIGHT, UM, REDUCED AND IT WOULD OF COURSE. SO WE'LL GET THAT DIMENSION AS WELL, AS WELL AS THE RENDERING. AND THEN YOU COULD BE ABLE TO SEE BOTH ALONGSIDE OF EACH OTHER. AND WE'LL ALSO TALK TO, UH, THE BUILDING DEPARTMENT TO SEE HOW THEY MEASURE THE HEIGHT OF THE LOGO WALL SIGN. IS IT THE LETTERS? IS IT THE LETTER, THE CABINET, OR IS IT THE CABINET AND THE CHECK? UM, IT'S THE TOP OF THE CHECK. THEY, THEY, THEY, UH, MEASURE IT CONSERVATIVELY. SO, UM, BECAUSE THE CHECK GOES ABOVE, THEY START AT THAT HIGHEST POINT AND THEN THEY, UM, GO DOWN FROM THERE. WE CAN ALSO ASK, UM, YOU KNOW, THEY, THEY, I THINK THEY WERE PRETTY CONFIDENT THAT THE PROTOTYPICAL BJ'S SIGN IS EXACTLY THIS. BUT WE CAN GET CLARIFICATION ON THAT. YEAH. AND MAYBE INFORMATION ABOUT LIKE A BJ'S, THE TWO CLOSEST OR THREE CLOSEST BJ'S TO UM, HERE, YOU KNOW, PROBABLY A COUPLE IN WESTCHESTER COUNTY. I KNOW THERE'S ONE UP BY ME. UM, DUTCHESS COUNTY. AS, AS YOU GO FURTHER AWAY FROM URBAN AREAS THOUGH, YOU DO GET A TENDENCY THAT BUILDINGS ARE MUCH LARGER AND BECAUSE OF THAT THEY HAVE SOMEWHAT LOOSER ZONING WITH RESPECT TO SIGNAGE. YOU KNOW, UM, I MEAN THIS IS A PRETTY CONGESTED AREA WE'RE DEALING WITH HERE. AND THIS IS UNUSUAL BECAUSE IT'S NOT A BUILDING THAT WAS CONSTRUCTED FOR THEM. IT WAS ONE THAT THEY TOOK OVER FROM ANOTHER BUSINESS. [01:15:01] AND I UNDERSTAND THAT IT IS A LARGE BUILDING, BUT THAT DOESN'T IN, IN AND OF ITSELF JUSTIFY HAVING AS BIG A SIGN AS YOU CAN GET NECESSARILY. YEAH. I THINK THE, UH, COUPLE QUESTIONS THAT GARRETT, YOU TOUCHED ON THIS IS WHAT ARE THEY DOING ELSEWHERE? UM, WHEN I DID A QUICK INTERNET SEARCH, I DID SEE BUILDINGS THAT JUST HAVE BJ'S ON THEM. WHEN THEY PUT THIS SIGNAGE UP, IT JUST SAID BJ'S. THEY DIDN'T HAVE THE VERBIAGE UNDERNEATH STACKED LOGO. SO I'D LIKE TO GET SOME CLARIFICATION ON THAT. IS THIS SOMETHING THAT THEY ALWAYS DO? AND IF THEY DON'T HAVE SPACE FOR IT, DO THEY THEN JUST PUT IN BJ'S? DO YOU THINK IT ALSO MAKES SENSE TO TACK ONTO THAT, UM, DISTANCE FROM THE FACE OF THE WALL TO THE WHATEVER STREET YOUR FRONT'S ON? YEAH, I THINK THAT'S, THAT'S GREAT. INCLUDING THIS ONE. OF COURSE. OKAY. WE MAY HAVE THAT FROM THE KMART CASE. YEAH, WE SHOULD. YEAH. BUT TO REFRESH THE RECORD, UM, YOU CAN ASK THEM. UM, THERE WAS SOMETHING ELSE I WAS GONNA ASK. I DUNNO IF IT WAS I YEAH. YOU MAY RECALL ON THE K F C CASE, THEY REMOVED ONE OF THE SIGNS RIGHT? THAT WAS DEEMED IRRELEVANT. IT WASN'T NECESSARY. RIGHT. RIGHT. WELL I JUST, I WANT CLARIFICATION 'CAUSE THEY SAID IT'S NECESSARY AND THAT THEY PUT IT ON THEIR SIGNAGE. BUT THEN WHEN I DID A SEARCH, I FOUND ONES WITHOUT IT. IT COULD BE AN OLD LOGO. AND WHEN THEY DID THIS ORIGINAL SIGNAGE, THEY DIDN'T HAVE WHOLESALE CLUB ON IT. SO I JUST WANNA GET CLARIFICATION FOR OURSELVES AND FOR OUR RECORDS, THAT'S ALL. YEAH. BECAUSE THEY MIGHT'VE JUST PUT BJ'S JUST TO TRY AND STAY WITHIN THE TOWN OF GREENBERG'S, UH, SIGNAGE AND THEN GO FOR THE VARIANCE. YEAH. TO ADD THE WHOLESALE SITE. YEAH. IT COULD HAVE BEEN TEMPORARY ALL ALONG. YEAH. YEAH. 'CAUSE IT SURE DOES LOOK LIKE IT'S TEMPORARY. YEAH, IT, YEAH, IT DOES. GUESS. DO YOU WANNA SEE, MAYBE SEE A ZONING COMPLIANT, UM, STACK TIGHT AND, AND LOGO JUST SO YOU CAN GET A SENSE OF WHAT THAT THAT WOULD BE NICE. SURE. YEAH, YEAH, YEAH. AND WE HAVE SOME COMPARISON BECAUSE THEY CAN RENDER THAT. OF COURSE. YEAH. YES. GARRETT, DO YOU KNOW HOW, WHAT THE HEIGHT OF THIS ROOM IS? UH, NO. . THREE FEET. I THOUGHT IT WAS 10 FEET. NO, NO. IT'S MORE THAN, I THINK IT'S MORE THAN NO, IT'S LIKE 1214. 12 FEET. 12 FEET. ALRIGHT. 12 FEET. WELL, THIS SIGN IS TALLER THAN THIS ROOM. WHAT THEY'RE ASKING FOR. YEAH. BIG STACKED. STACKED. I KNOW, BUT IT'S BIG. YOU'RE STILL FITTING ON A MASSIVE BUILDING. . YEAH. ONLY IF YOU LOOK THIS WAY. ALRIGHT. OKAY. SO WE'RE ADURING THIS, SO WE'LL ASK FOR THOSE CLARIFICATIONS. YEP. AND NOW WE GO TO WHAT USED TO BE DELI DELICIOUS, BUT IT'S NOW'S DELICIOUS AS WELL AS NESTOS. BUT, BUT IS NOW NEST, THERE'S NOW NESTOS, RIGHT? NESTOS. THAT'S RIGHT. NO DELI. NO DELI. THIS IS DELICIOUS. RIGHT? DELICIOUS NESTOS. WELL, I'M, I GUESS I'M PLEASED BY THE FACT THAT UH, NO ONE IN THE AREA IS OPPOSING IT. THAT SAYS A LOT TO BE HONEST. AND WELL OVER THE YEARS THAT IT HAS BEEN OPERATING SINCE THEY GOT THE VARIANCES, THERE'S BEEN NO PROBLEMS, NO TRAFFIC ISSUES. UM, I GO PAST THAT INTERSECTION ALL THE TIME AND THE IMPROVEMENTS THAT HAVE BEEN DONE WITH THE LIGHTING, THE, UH, STREET LIGHTING OR I SHOULD SAY THE STOP. OH, YOU MEAN YOU MEAN THE STOP SIGN? YEAH. UH, STOP LIGHTS THE STOP THE, THE TRAFFIC CONTROL PASS IT TRAFFIC CONTROL DEVICES. RIGHT. HAS, UH, MADE THAT LEVEL OF FRUSTRATION BASICALLY DISAPPEAR. YEAH, BECAUSE I REMEMBER YOU MISSED THAT RED RING ISSUE LIGHT THAT WASN'T ISSUE AND YOU KNEW YOU WERE STUCK THERE FOR LIKE TWO AND A HALF MINUTES. UM, I DON'T HAVE A PROBLEM WITH IT IF ED WILL BE SO KIND AS TO PROPERLY, UH, VERBALIZE WHAT THE, UH, THE WORDING SHOULD BE. RIGHT. I'M ON THE SAME PAGE. WE DO EVE. SHE SAID, SHE SAID, I SAID I'M ON THE SAME PAGE. OH, OKAY. I'M TOO. OKAY, SO WE GOOD. ALRIGHT. WE, WE COULD SAY THAT THE APPLICANT IS ASKING FOR A VARIANCE FROM THE CONDITION NUMBER SIX SIX TO REDUCE THE LINKAGE WITH A DELICATESSEN [01:20:01] SO THAT WE COULD SAY THAT THE DRIVE THROUGH, REALLY THE PICKUP WINDOW WOULD BE USED IN CONJUNCTION WITH PREPARED FOODS, PRE-ORDERED BY PHONE, FAX, OR TEXT. BUT NOT THE, THE TRICK IS, YOU KNOW, IF WE DO THAT, THAT SIMPLY, WE COULD DO THAT TONIGHT. BUT THE TRICK IS I WANNA PUT IN, UM, LANGUAGE THAT ADDRESS THE ISSUE PROHIBITS FAST FOOD. EXACTLY. YOU SAID, UH, BUT NOT INCLUDING FAST FOOD, QUICK FOOD, I DON'T KNOW ALL THE CATEGORIES OF FAST FOOD SLASH QUICK SERVICE, UM, IS A DIFFERENT CATEGORIZATION, WHICH, UM, AND I THINK THERE WERE OTHER CATEGORIES AS WELL, AREN'T THERE? NO, WELL THEY'RE RESTAURANT, RIGHT? RESTAURANT IS, UM, IT'S BASICALLY WHAT THEY'RE THEIR GRANDFATHERED AS A RESTAURANT DELI SPACE, RIGHT? YEAH. BECAUSE WE, WE, WE HAD SOMETHING THAT AT THAT TIME WE TALKED ABOUT PEOPLE SITTING RIGHT. AND I THINK THAT SITTING IS IN A QUICK SERVICE, CORRECT? NO. SO, UM, YEAH, IF YOU HAVE MORE THAN NINE SEATS, UH, YOU'RE DEEMED A RESTAURANT, DIFFERENT PARKING REQUIREMENTS, UM, HE DOES NOT HAVE THAT. UM, AND FAST FOOD HAS A MUCH DIFFERENT PARKING REQUIREMENT AGAIN. SO THEY WOULD NEED A A DIFFERENT, RIGHT. SO THAT'S THE ISSUE THAT WOULD WARRANT, UH, WOULD, WOULD JUSTIFY US PUTTING IT OVER SO WE CAN YEAH, WE WE, WE WE'LL DRAFT, RIGHT. WE'LL DRAFT IT UP TO COVER ALL OF THOSE, UH, ASPECTS. 'CAUSE WHEN WE ORIGINALLY ALLOWED HIM TO DO THE, THE DRIVE-THROUGH, HE DIDN'T HAVE THOSE EXTRA PARKING SPACES, SO RIGHT, RIGHT. SO THAT, THAT, THAT WENT THROUGH THE PLANNING BOARD BECAUSE NO ASPECT OF THE, UM, BUSINESS CHANGED. SO THERE WAS NO NEED TO COME BACK TO THE ZONING BOARD. HE ACTUALLY BECAME MORE COMPLIANT FROM A PARKING PERSPECTIVE BY DOING THAT. RIGHT. BUT I'M, I'M JUST THINKING ABOUT CAN, CAN ANYTHING CONNECT PARKING SPACES TO PERHAPS SOME OF THE TYPE OF SEATING THAT'S THERE? I DON'T KNOW. DON'T EVEN WANT LOOK AT THIS BECAUSE THIS MAKES IT CONFUS. AND THEN LOU HAS THE ISSUE, MAKE IT SEEM LIKE THESE ARE THAT WE HAVE TO ADDRESS, WHICH IS DO WE WANT TO, DO YOU WANT TO PERMIT, UH, THIS FINANCIAL ESTABL PICK UP WINDOW, THE PICK UP WINDOW IN CONJUNCTION WITH, UH, A BANKING INSTITUTION THAT SERVES CAJUN FOOD? A BANKING, A BANK. YOU, YOU GOT A COUPON? YEAH. A BANK'S A PERMITTED USE. UM, DO THEY MARK IT? I DON'T KNOW IF HIM, YEAH, I THINK IT'S ONE TO 200. SO I DON'T THINK THAT WOULD BE ACTUALLY BE AN ISSUE, BUT, UH, I, HE'S NOT DEFINITELY NOT LOOKING TO DO A BANK AND, UH, , I DON'T THINK THAT BUILDING WOULD BE FUNCTIONAL AS A BANK. SO. WELL, BANKS ARE, YOU NEVER KNOW THESE. WE'LL, SHRINK, I THINK WHAT WE'LL DO IS WE'LL LIMITED AS HE SUGGESTED TO, UH, INSTI, UH, AN ESTABLISHMENT THAT, UH, PREPARED, PREPARED FOODS PRE-ORDERED BY PHONE, FAX, OR TEXT. RIGHT, RIGHT. ANYTHING ELSE? THERE'S A PROCESS FOR, RIGHT. SO IF HE COME, IF HE SOUGHT TO DO, YOU KNOW, RETAIL BANK, WE WOULD JUST GO RIGHT TO THE CODE AND UH, WORK IT THROUGH THE BUILDING INSPECTOR AND JUST IDENTIFY, YOU KNOW, DO THEY HAVE TO COME BACK TO THE BOARDS FOR SPECIAL PERMIT OR OTHERS? SO EVERYTHING GETS EVALUATED. BUT, UM, DEFINITELY, YOU KNOW, NO FAST FOOD, UH, QUICK SERVICE, UH, WOULD BE PERMITTED. OKAY. ALRIGHT. JUST REMEMBER TO CLOSE IT FOR DECISION ONLY. YEAH, I AM. SO NOW WE GO TO ONE OF THE SIMPLER ONES, WHICH IS MRS. EMMER. HE JUST WANTS TO, UH, EXTEND HER VARIANCE APPROVAL. NOW, I JUST WANTED TO ASK GARRETT, UH, TO VERIFY WHAT THE REPRESENTATION WAS, WHICH IS, IS THAT THE APPLICANT WAS NOT AWARE OF ANY CHANGE IN THE AREA OR YOU ARE AWARE OF ANY? NO. OKAY. SO IN THIS INSTANCE, UM, UH, TYPICALLY THE, THE ZONING BOARD APPROVALS ARE FOR ONE YEAR. SO, UM, IF THE BOARD'S INCLINED TO GRANT THE EXTENSION, WE WOULD RECOMMEND A RETROACTIVE, UH, ONE YEAR EXTENSION, BUT DATE IT FROM, UH, TODAY'S DATE. SO, UM, THEY WOULD ESSENTIALLY, IT WOULD ALMOST BE AS IF THEY'RE REESTABLISHING THAT VARIANCE. SO, UM, WELL IT'S NOT, THEN IT'S NOT RETROACTIVE. RIGHT. I WAS GONNA SAY, I GUESS IT'S NOT RETROACTIVE. [01:25:01] YEAH. BUT YOU PUSHED IT BACK. RIGHT. BUT I GUESS AS TODAY, I GUESS WHAT I'M SAYING IS, AS OPPOSED TO, UM, A WHOLE NEW APPROVAL, IT'S AN EXTENSION. SO THAT'S WHERE I, I WE'VE DONE EXTENSIONS BEFORE. THAT'S WHY I PUT IN THE RETROACTIVE TERM BECAUSE THERE WAS A LAPSE IN YOU'RE, BUT YOU'RE CARRYING IT ONE YEAR FROM TODAY'S DATE TO, UH, JANUARY 19TH, 2024 OR 12 MONTHS FROM THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT. RIGHT. OR WHATEVER STANDARD. YEAH. RIGHT. SO HOW DO, WHAT DO WE DO? WE JUST APPROVE THE EXTENSION. WE JUST APPROVE THE EXTENSION, RIGHT? YEAH. SO WE DON'T HAVE TO WRITE IT UP. NO, WE HAVE TO WRITE EVERYTHING UP. YEAH. THERE'S THE, THE FINDINGS ARE THAT THERE'S NO CHANGE IN THE, UH, THAT THIS HAS BEEN APPROVED ALREADY FOR COMPLIANCE WITH THE FIVE FACTORS AND THERE'S BEEN NO EVIDENCE OF ANY CHANGE IN THE NEIGHBORHOOD THAT WOULD, UH, CAUSE US TO DENY DENY YEAH. TO CHANGE OUR, CHANGE OUR VIEWS ON THAT. OKAY. THAT'S, IT. DOES, I THINK I HEAR CHRISTIE WRITING OVER THERE. HMM. I SEE. I I SEE HER WRITING OVER THERE. SO, BUT ON WHAT, DO WE HAVE ANY, UH, DO WE HAVE A FORM? UH, DO WE HAVE ANY FORMS? I I CAN, I CAN WRITE THIS UP REAL FAST FOR YOU. HANDWRITING IT. OKAY. CAN WE, CAN WE SEE IT? I'M HMM. WE'LL BE HIRING SOMEONE SOON, SO DON'T GIVE YOU OH, I KNOW. WE ENJOY A LOT. LASTS . AH, BOY. SO NOW WE HAVE MR. MONTES, I'M TRYING TO GIVE US SOME THOUGHT TO HOW WE CAN DO THIS, BUT AT THE SAME TIME, KIND OF PROVIDE OURSELVES WITH SOME, SOMETHING REAL IN THE RECORD BECAUSE HE DID BUY IT WITH A MORTGAGE. SO IF WE COULD GET SOME DOCUMENTS, UM, THAT SHOWED THIS TRANSACTION AND A TITLE SEARCH OR SOMETHING THAT SHOWED THAT THIS WASN'T JUST SOMETHING THAT, UM, YOU KNOW, POPPED UP OUT OF. AND THE REASON WHY IS BECAUSE WE RUN INTO A LOT OF STRUCTURES THAT FALL INTO DISMAY, SHALL WE SAY, AND DISREPAIR AND, AND DISREPAIR AND, AND JUST REPAIR. AND PEOPLE SAY, OH, WELL THEN, YOU KNOW, WE, WE'VE HEARD THIS BEFORE, THAT THIS IS AN IMPROVEMENT BECAUSE AFTER ALL, LOOK, LOOK WHAT IT WAS. AND I JUST FIXED IT UP AND, YOU KNOW, BUT MOST OF THESE SITUATIONS ARE CREATED BECAUSE , THEY DIDN'T NECESSARILY GO THROUGH ANY PARTICULAR CHANNELS AND THEY WERE KIND OF DOING IT JUST AT THEIR OWN, YOU KNOW, DISCRETION AS OPPOSED TO TRYING TO DO THINGS THE RIGHT WAY AND THEN FINDING OUT THAT SOMEHOW THEY WEREN'T PROVIDED WITH INFORMATION THEY SHOULD HAVE HAD. 'CAUSE A LOT OF STRUCTURES GET BUILT WHERE THEY SHOULDN'T BE. A LOT OF THEM, THEY GET BOTH. THEY'RE SUPPOSED TO BE IN ONE PLACE AND THEY'VE TURNED OUT TO BE PUT UP SOMEPLACE ELSE. WELL, THIS BUILDING WAS OBVIOUSLY BUILT ACCORDING TO THE PROPER ZONING. NO, NO, I UNDERSTAND THAT. AND THEN SOMEBODY BUILT THIS HALF EDITION TO IT, WHICH WITHOUT ANY, WHICH WAS NOT, WHICH WAS NOT SUPPOSED TO BE THERE. RIGHT. BUT HOW DO YOU, WHICH IS A BIG THING FOR A BANK. HOW DO YOU GET A MORTGAGE? I DON'T KNOW FROM A BANK. THAT'S WHY I WANT SEE IT. I WANT TO SEE WHAT, WHAT THE TITLE, YOU KNOW, SEARCH SHOWS. 'CAUSE YOU CAN'T GET A MORTGAGE WITHOUT TITLE SEARCH AND TITLE INSURANCE. WE KNOW THAT. AND WHY WOULD A BANK WANNA SELL OR, OR GIVE A MORTGAGE TO SOMEONE WHO'S BUYING? OH, GET IT ON ANYTHING. AS LONG AS IT, YOU KNOW, THEY'RE IN THE BUSINESS OF MAKING MONEY. THEY'RE NOT IN THE BUSINESS OF SELLING HOUSES OR FOLLOWING ZONING CODE. RIGHT. UM, WELL I'M GLAD EMILIO GAVE US THESE BECAUSE THESE DRAWINGS, I WAS REALLY EX VERY CONFUSED AS TO WHAT THE, UH, [01:30:01] VARIANCE REQUEST WAS FOR, BECAUSE IT LOOKED LIKE IT HAD AN EXTENSION ON ONE SIDE, WHICH WAS IN VIOLATION OF THE, OF THE, UM, ORDINANCE. BUT THEN IT SHOWED THERE WAS AN EXTENSION ON THE OTHER SIDE AND I WASN'T SURE WHY THAT WAS EVEN. UH, I THOUGHT THAT MAYBE THAT WAS PART OF THE PROBLEM AS WELL. I COULD SHOW THIS AND THEN THIS MM-HMM. . BUT ANYWAY, SO I WAS GONNA ASK THAT QUESTION, BUT HE FORESAW I GUESS THE CONFUSION ON OUR FACES AND IMMEDIATELY SKETCHED THIS UP WHILE HE WAS OUT IN THE LOBBY AND, UM, GAVE THIS TO US, WHICH SIMPLIFIES IT. THAT'S WHAT THE PROBLEM IS. MM-HMM. . AND ONLY THAT, UM, EXCEPT FOR THE ISSUE THAT YOU'RE BRINGING UP. I DON'T HAVE A PROBLEM WITH IT. I DON'T EITHER. AS LONG AS THE NEIGHBOR DOESN'T, I DON'T EITHER. I I THINK IT WOULD BE GOOD FOR US TO JUST, UM, WE KNOW THAT OTHER HOUSES IN THAT AREA HAD, ESPECIALLY AFTER IDA, RIGHT. UM, ESSENTIALLY, YOU KNOW, HAD TO BE CONDEMNED. RIGHT. UM, SO I THINK IT WOULD BE, UH, WISE OF US TO JUST MAKE SURE THAT, THAT THE HOUSE WASN'T SOLD AT AN AUCTION AS IS. IF THERE WAS A MORTGAGE THAT WENT THROUGH THE PROPER CHANNELS. AND AS LONG AS THAT IS THE CASE, THEN I WOULD BE VERY HA I, I DON'T HAVE A PROBLEM WITH IT EITHER. AS LONG AS MOVING FORWARD, OBVIOUSLY THEY GET THE PROPER PERMITS AND EVERYTHING ELSE, AND OBVIOUSLY THERE'S AN ARCHITECT INVOLVED NOW. RIGHT. YOU KNOW, SO, WELL THAT'S IT FOR ME. OKAY. WE'RE ALL IN ALIGNING. YEAH. SO WE'VE, DOES THAT MAKE SENSE, GARRETT? YEAH. SO WE WOULD HAVE TO ASK FOR THIS INFORMATION TO BE SUPPLIED. OKAY. SO ADJOURNMENT AND, UM, OKAY, WE'LL, WE'LL WE'LL WRITE THAT UP. ALRIGHT. WHAT DO YOU SAY? REQUESTING THE PROPER FINANCIAL DOCUMENTATION. IS THAT WHAT YOU'RE, WE SHOULD BE ASKING? WELL, THE, THE DOCUMENTATION IN CONNECTION WITH HIS PURCHASE, INCLUDING TITLE SEARCH. YOU WANNA UNDERSTAND THAT, UH, THERE WAS NO TITLE SEARCH, UM, WHICH REVEALED NON-COMPLIANT ASPECTS OF THE HOUSE. RIGHT. WORDS. LET'S, WELL, LET'S WHAT? NO, WE NEED TO KNOW WHAT IT DOES REVEAL. WE DON'T KNOW. OKAY. SORRY. WHAT'S THAT? ED, LET'S PLAY THIS OUT. WHAT, IN THE TITLE SEARCH, ASSUMING THERE IS WHAT'S EITHER, THERE WAS NO TITLE SEARCH. AND HOW WOULD THAT IMPACT YOUR DECISION ON THE VARIANCE? OR IF THERE IS A TITLE SEARCH, WHAT IN THE TITLE SEARCH WOULD CHANGE YOUR MIND AS TO THE VARIANCE? WOULD'VE ANY RELEVANCE? IT WOULD SIMPLY SH WELL, IF IT DOESN'T SHOW IT, THEN THAT'S ONE THING. AND YOU WOULD SAY, OKAY, WE DON'T HAVE ANY PROBLEM. IF IT DOES SHOW IT, SHOW WHAT? THAT THE ILLEGALITY. THE ILLEGALITIES. YES. THE, THE, UH, ADDITION. RIGHT. THEN CAN'T SAY THAT. THEN WHAT? THEN YOU, THEN YOU CAN'T SAY THAT, UM, YOU'RE, YOU'RE, YOU'RE FOCUSING ON THE SELF-CREATED COMPONENT. YEAH. BUT SELF-CREATED IS NOT A BAR. YOU CAN STILL GRANT IT PERSONALLY FOR ME, IT WON'T MAKE A DIFFERENCE WHAT THESE DOCUMENTS SHOW . BUT THAT'S ME. I'M JUST TRYING TO GIVE US, WELL, I THINK IT WOULD BE GOOD TO HAVE THEM FOR THE RECORD SO THAT WE HAVE THEM. I DON'T, YEAH. OKAY. SO THAT THIS IS ADJOURN. YEAH. I MEAN, A LOT OF WHAT WE ARE RUNNING INTO THESE DAYS ARE INDIVIDUALS WHO HAVE LIVED IN THE CITY AND THINGS ARE DIFFERENT THERE. AND THEY COME UP HERE LIKE WE'RE, YOU KNOW, WE'RE UPSTATE, WE'RE A COUNTRY, SO YOU CAN DO THINGS. AND I WANNA HAVE AT LEAST SOME BASIS THAT COMES UP ABOUT THIS IS WE DO HAVE ZONING LAWS, WE DO HAVE THINGS YOU HAVE TO BE AWARE OF. AND IT MAY BE THAT'S, YOU KNOW, THE WORD HAS TO GET OUT THAT WE'RE GONNA KEEP OURSELVES THE EIGHTH, WHAT IS IT? BEST PLACE TO LIVE IN THE NORTHEAST. OH, RIGHT, RIGHT. I'M MORE CONCERNED THEY PUT IN PROPER, UH, SCREEN WELL SCREENING OR OF THE FLOODING ISSUE THAT THEY MAKE [01:35:01] SURE THEY, I DON'T KNOW IF WE CAN SCREEN THIS. THIS IS ONLY THREE FEET THAT, NOT THAT THAT'S PART OF THE . SO THAT WOULD BE MY, I MEAN, SCREEN SCREENING, UM, COULD BE IN THE FORM OF, UM, FENCE, YOU KNOW, FENCE OR LANDSCAPING, YOU KNOW, AT, AT THE DISCRETION OF, UM, BUT WHEN YOU HAVE SOMETHING THAT'S ONLY THREE FEET, IT DOESN'T GIVE YOU VERY MUCH HEIGHT TO DO ANYTHING ON THE PROPERTY. YOU STILL HAVE TO GO FROM EITHER THE FRONT OR THE BACK TO, AND AGAIN, IT COULD BE SCREENING JUST FOR THE, YOU KNOW, DEPTH OF, UH, THE ADDITION, YOU KNOW, IN TO, TO BUFFER FROM THE NEIGHBOR. SO THERE ARE, YOU KNOW, DIFFERENT VARIETIES OF ARBOR THAT REALLY ARE, YOU KNOW, ONLY A FOOT. AND THEY, THEY GROW, YOU KNOW, A FOOT WIDE AND THEY GROW, YOU KNOW, SIX FEET HIGH AND HE CAN CERTAINLY ACCESS THE BACK FROM THE OTHER SIDE. RIGHT. THAT'S WHAT I SAID. IT'S A CORNER LOT AND YOU CAN GO, HE'S GOT PLENTY OF ROOM. SO I GUESS MAYBE THIS IS THE PART THAT'S BOTHERING ME SOMEWHAT, BUT TO WHAT DEGREE? I DON'T KNOW. BUT THIS IS EMILIO AND HE CAN WELL, I WAS GONNA SAY, YEAH, HE COULD WRITE ANYTHING. RIGHT? THAT'S, THAT'S HIS DAD. OKAY. HE'S THE LAWYER HERE. I LIKE, HE CALLS IT AN APPENDAGE. SO HE'S A DOCTOR AS WELL? MM-HMM. . . OKAY. I'M ENJOYING THIS TONIGHT. I MEAN, . OKAY. ARE WE READY? CAN WE SEE WHAT WE HAVE? YEAH. SO JUST, JUST TO BE CLEAR, THE FINAL VERDICT IS, UH, IS IS ADJOURNED ON THE 20 ON THIS LAST ONE, RIGHT? YES. YEAH. YES. OKAY. ALRIGHT. SO YEAH, SO WE HAVE, UM, THREE ADJOURN, UH, ONE ADJOURNMENT, UH, CLOSE FOR DECISION, UH, AN APPROVAL AND EX AN EXTENSION, WHICH I HAVE, UM, BASELINE WRITTEN UP HERE AND THEN AN ADJOURNMENT. SO I THINK WE'RE ALL SET. OKAY. CAN WE SEE WHAT WE ARE GRANTING PLEASE? YEAH, SURE. UM, AND CHRISTIE, WERE YOU, IS THAT YOU THAT WAS GONNA READ THAT ONE? YEAH. OKAY. UM, IS THIS LIKE SOME KIND OF RECORD? IT'S LIKE EIGHT O'CLOCK . WHAT? OH, SORRY. I JINXED SO YOU, YOU'LL REMEMBER THIS. OKAY. THIS MEETING FONDLY NEXT MONTH, SO, OH, OKAY. THIS IS THE SECRET FORM. WE'RE GONNA, WE GONNA, THIS IS MORE A FINDING, SO I DON'T KNOW IF YOU TAP THE TIME THAT WE DON'T HAVE TONIGHT ONTO NEXT. REALLY? THEN. OKAY, SO YOU DO SECRET AND I THINK YOU JUST GO TO THIS. I MOVE THE EXTENSION DATE OF THE PLANS. I THINK. SO NEXT MONTH WE'RE GONNA HAVE LIKE 12 CASES. IT'S GONNA SEEM LIKE ONE CASES NO, THAT, THAT MISTAKE WILL NOT BE MADE AGAIN. NO, PLEASE MAKE SENSE THAT THAT IN AND OF ITSELF MADE ME GO TO SLEEP. , WE SHOULD START AT THE TOP THERE. WE ALWAYS DO THE SECRET TYPE TWO. WHERE DID I SAY I WAS GONNA BE IN FEBRUARY? TOP . TRYING TO REMEMBER. ALRIGHT, SOME MORE WARM. YES. OKAY. DO YOU WANNA DO THE SEE? YEAH, I JUST WANNA SEE IT. I DON'T WANNA READ IT. IT'S JUST THE STANDARD SEEKER. IT'S A TYPE TWO ACTION THAT THERE'RE FOR THE EXTENSION, THERE'S NO, WELL YOU READ THAT PART? YEAH. MM-HMM. AND THEN THERE'S AN AND HMM. THERE'S AN AND AFTER ITS THINK THAT'S AND AND MM-HMM. AND WHAT, OH SORRY. SO THAT'S NOT FOR EVE EVES IS JUST FOR THIS PART. YEAH. YEAH. OKAY. OH, AND THIS IS FOR ME. YEAH. OKAY. OKAY. OKAY. THIS IS MY FINDINGS. YEAH. OKAY. I'LL PUT SOMETHING THERE. ONE OTHER THING HE SAID SAID, UM, YOU MAY HAVE NOTE, BECAUSE I SAW YOUR WRITING Z B A APPROVED ALL IT'S ALREADY APPROVED WITH REGARD TO THE FIVE FACTORS. THERE'S NO CHANGE IN THE NEIGHBORHOOD. THAT'S IT. THAT WOULD CAUSE US TO, THAT'S WHAT, THAT'S WHAT I WROTE UP. UM, ON, ON THAT SHEET. I HANDWROTE THAT PORTION. THAT'S WHAT THIS IS. IT'S NONE. YOUR SIGN FINDS THAT THERE ARE NO CHANGES TO THE, IS THERE ANYTHING PROPOSAL AS WELL AS TO THE CONDITIONS AND THE ADJOINING NEIGHBORHOOD AS WELL AS THE CONDITIONS IN THE ADJOINING NEIGHBORHOOD AS REPRESENTED BY THE APPLICANT. OKAY. OKAY. [01:40:01] SO JUST A TYPEWRITER, UH, GARY . OKAY. UM, SO DEBBIE, YOU COULD JUST SHOOT ME A NOTE, MAKE SURE WE'RE GOING TO DO THE, UH, TRANSCRIPT AGAIN. 'CAUSE WE'RE GONNA NOW DO THE, UM, DECISIONS. OKAY. OKAY. SO ONCE, UM, THIS STENOGRAPHER GIVES ME THE SIGNAL, WE'LL BE ALL SET TO START. OKAY. WE'RE ALL SET. THANK YOU. AND WE ARE NOW BACK, UH, ON, ON THE RECORD WITH OUR DELIBERATIONS AND THE RESULTS THEREOF. AND FIRST CASE THAT WE DID DELIBERATE ON THIS EVENING IS CASE 2241 BJ'S SHOPPING CENTER. AND THAT WILL BE ADJOURNED FOR ALL PURPOSES TO THE MEETING OF FEBRUARY 16TH. AND THE NEXT CASE IS CASE 22 42 1 0 1 REALTY 24 TERRYTOWN ROAD REFERRED TO AS DELI DELICIOUS, WHICH IS ALSO ALSO NESTOS OR WAS NESTOS. AND THAT MATTER IS ON, IS, IS IS CLOSED FOR DECISION ONLY. AND THE NEXT CASE WE HAVE IS TO THE MEETING OF, TO THE MEETING OF WRIGHT FEBRUARY 16TH, 2023. AND THE NEXT CASE WE HAVE IS C B A CASE 2243 SYLVIA EMMER. AND WHEREAS GREENBERG Z B A HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO SECRET A COMPLIANCE, AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT. NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRED. NO FURTHER SEEK OF CONSIDERATION. SECOND. ALL IN FAVOR? AYE. AYE. AND THE CHAIR VOTES. AYE. AND DO I HAVE FINDINGS? I HAVE A MOTION. A MOTION. I'M SORRY. I, I MOVE THAT THE EXTENSION APPLICATION IN CASE NUMBER 2243 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE, SAME WITH THE BUILDING DEPARTMENT. CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED AUGUST 13TH, 2020 AND LAST REVISED JANUARY 9TH, 2020. SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN. PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN. THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLANS SUBMITTED IN SUPPORT OF THIS APPLICATION. ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN. SECOND. ALL IN FAVOR? AYE. AYE. CHAIR VOTES. AYE. UM, AND IN THE FINDINGS, UM, THE Z B A FINDS THAT, UM, WE APPROVED THIS APPLICATION PREVIOUSLY WITH REGARD TO THE FIVE FACTORS AND WE FURTHER FIND THAT THERE HAVE BEEN NO CHANGES TO THE APPLICATION ITSELF OR ANY CHANGES TO THE NEIGHBORHOOD THAT WOULD CAUSE US TO DENY THESE VARIANCES. NOW THAT IT THANK YOU, CHANGE OUR DETERMINATION. THAT WOULD CHANGE OUR DETERMINATION. THANK YOU. AND LASTLY TO CASE 2244 MICHAEL MANTAS. THAT IS ADJOURNED FOR ALL PURPOSES TO FEBRUARY 16TH, 2023. AND WITH THAT WE WILL HOPEFULLY SEE EVERYONE ON THAT DATE AND MAYBE WE'LL HAVE WINTER STILL. OKAY. YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.