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[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS AGENDA THURSDAY, March 16, 2023 – 7:00 P.M. ]
GOOD EVENING.THIS IS THE ZONING BOARD OF APPEALS FROM TOWN GREENBURG.
THE MEETING WILL NOW COME TO ORDER.
WE HAVE EIGHT CASES THAT ARE SCHEDULED FOR TONIGHT'S AGENDA, HOWEVER, PHASE 2240 HAS BEEN CLOSED FOR DECISION ONLY.
PLEASE NOTE, THE ZONING BOARD WILL HAVE OUR NEXT REGULAR MEETING ON THURSDAY, APRIL 20TH, 2023 AT 7:00 PM AS USUAL, IF WE CANNOT COMPLETE HEARING ANY CASE TONIGHT, IT SHALL BE ADJOURNED TO ANOTHER MEETING TO HOPEFULLY BE COMPLETED AT THAT TIME.
ALSO, AS IS USUAL TO SAVE TIME, WE WILL WAIVE THE READING OF THE PROPERTY LOCATION AND THE RELEASE SOUGHT FOR EACH CASE.
HOWEVER, THE REPORTER WILL INSERT THIS INFORMATION IN THE RECORD.
THIS INFORMATION ALSO APPEARS ON THE AGENDA FOR TONIGHT'S HEARING OR MEETING AFTER THE PUBLIC HEARING OF TONIGHT'S CASE.
SINCE THE BOARD WILL MEET IN THIS ROOM TO DISCUSS THE CASES WE HAVE HEARD TONIGHT, EVERYONE HERE IS WELCOME TO LISTEN TO OUR DELIBERATIONS, BUT THE PUBLIC WILL NOT BE PERMITTED TO SPEAK OR PARTICIPATE AT THAT TIME.
AFTER OUR DELIBERATIONS, WE COME BACK INTO THIS ROOM TO ANNOUNCE THE BOARD'S DECISION AND FOR THE FORMAL RECORD AND FOR IT TO BE BROADCAST TO THE COMMUNITY.
IF YOU ARE GOING TO SPEAK TONIGHT, YOU MUST COME UP TO THE MICROPHONE, UNLESS OF COURSE YOU'RE ON ZOOM AND CLEARLY SPEAK YOUR NAME AND ADDRESS OR YOUR PROFESSIONAL AFFILIATION.
IF YOU'RE NOT A NAMED APPLICANT, PLEASE SPELL YOUR NAME FOR THE RECORD.
WE'VE HEARD TESTIMONY ON SOME OF THESE CASES AT PRIOR MEETINGS.
ALL PRIOR TESTIMONY IS ALREADY IN THE RECORD AND SHOULD NOT BE REPEATED.
THE FIRST CASE ON TONIGHT'S AGENDA IS CASE 2205 LEY DE YOU.
JUST PLEASE DO A QUICK ROLL CALL.
WILLIAM BLAND HERE AND PARTICIPATING AS A VOTING MEMBER VIA ZOOM.
UH, MADAM CHAIR, MEMBERS OF THE BOARD.
UH, MY NAME IS DANIEL FIX WITH THE FIRM BLAKELEY PLATTEN SCHMIDT ON BEHALF OF THE APPLICANT.
UH, WITH ME ON BEHALF OF THE APPLICANT IS EMILIO ESCALADES, WHO IS THE PROJECT ENGINEER, AND, UH, THE APPLICANT IS, UM, PARTICIPATING OR ATTENDING VIA ZOOM TONIGHT.
UM, AS THE BOARD IS PROBABLY WELL AWARE, THIS PROJECT IS A PROPOSED MERGER OF TWO EXISTING VACANT LOTS LOCATED IN THE R 7.5 ZONING DISTRICT.
THE LOTS ARE UNDER COMMON OWNERSHIP OF THE APPLICANT ONCE MERGED INTO A SINGLE LOT, THE APPLICANT WILL CONSTRUCT A SINGLE FAMILY HOUSE ON THE PROPERTY, WHICH IS IN KEEPING WITH THE RESIDENTIAL USE OF THE ZONING DISTRICT.
THE APPLICANT SEEKS SITE DEVELOPMENT PLAN APPROVAL FOR THE CONSTRUCTION OF A SINGLE FAMILY HOUSE.
UM, WE'RE HERE FOR TWO REASONS.
UH, ONE IS AN APPEAL OF THE, UH, BUILDING INSPECTOR'S MEMORANDUM DATED, UH, DECEMBER 12TH, UH, 2022 AND ALTERNATIVELY TO, UM, REQUEST AREA VARIANCES.
FIRST VARIANCES ARE NOT REQUIRED FOR THIS PROJECT.
UM, THE APPLICANT HERE IS APPEALING THE DETERMINATION SET FORTH IN THE BUILDING INSPECTOR'S MEMORANDUM DATED DECEMBER 12TH, 2022, THAT CERTAIN VARIANCES FOR THIS PROJECT ARE REQUIRED.
IT IS THE APPLICANT'S POSITION THAT VARIANCES FOR THIS PROJECT ARE NOT REQUIRED BECAUSE WHEN THE TOWN CREATED THE SUBJECT BUILDABLE LOT BY DEEDED IN JUNE OF 1947, WHICH WAS TWO MONTHS AFTER THE ZONING DISTRICT WAS UPZONED FROM AN R FIVE TO AN R 7.5, IT IMPLICITLY GRANTED THESE VARIANCES TO THE NEW MINIMUM BULK REQUIREMENTS OF R 0.75.
IN DOING SO, THE LOT WAS TAILOR MADE BY THE TOWN FOR THE PURPOSE OF BUILDING A SINGLE FAMILY HOME.
THERE IS NO OTHER VIABLE USE FOR THIS LOT OTHER THAN WHAT IT WAS CREATED FOR.
THEREFORE, BECAUSE THE TOWN CREATED A LOT, IT KNEW IT WAS ALREADY SUBSTANDARD UNDER THE APRIL, 1947 CODE AMENDMENTS IN ORDER TO REALIZE ITS VISION FOR THIS LOT AND FOR PURPOSES OF FUTURE DEVELOPMENT.
THE TOWN GRANTED VARIANCES TO THE EXISTING ZONING AND BUILDING ORDINANCES THROUGH THE DEED.
NOTABLY, WHILE THIS LOT HAS REMAINED VACANT AND UNDEVELOPED, THE TOWN INSTALLED THE SEWER LINE PER THE EASEMENT AND ALONG WITH THE PROPERTY'S NEIGHBORS, HAS AND CONTINUES TO BENEFIT FROM THE SEWER EASEMENT.
THE APPLICANT'S PROPOSED PROJECT, WHICH IS THE CONSTRUCTION OF A SINGLE FAMILY RESIDENCE, WILL SIMULTANEOUSLY FILL A NEED FOR ADDITIONAL HOUSING IN THE TOWN, AS WELL AS FINALLY UTILIZING THIS LOT AS THE TOWN INTENDED.
ACCORDINGLY, THIS BOARD SHOULD OVERRULE THE BUILDING INSPECTOR'S DETERMINATION THAT VARIANCES ARE REQUIRED FOR THE DEVELOPMENT OF A SINGLE FAMILY RESIDENCE AND ALLOW THE APPLICANT TO PROCEED WITH ITS BUILDING PERMIT APPLICATION.
IN DOING SO, THIS ALLOWS THE BOARD TO APPROVE THE PROJECT IF IT IS CONCERNED ABOUT PRECEDENT ABOUT FU FOR FUTURE APPLICATIONS.
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SHOULD THIS BOARD AGREE WITH THE BUILDING INSPECTOR'S INTERPRETATION, THEN THE APPLICANT REITERATES ITS REQUEST FOR AREA VARIANCES FROM THE Z B A SPECIFICALLY AREA VARIANCES FOR MINIMUM LOT AREA AND MINIMUM LOT WIDTH AS TO SECTION 2 85 DASH 40 C SIX, WHICH PROVIDES FOR AN EXCEPTION TO AREA OR FRONTAGE WITH BULK REQUIREMENTS, WHICH WAS REFERENCED IN THE DECEMBER 12 MEMORANDUM.THAT SECTION IS IN INAPPLICABLE FOR THE SAME REASONS THAT AREA VARIANCES SHOULD BE GRANTED AND NOTWITHSTANDING WHILE THE APPLICANT DID OWN ADJOINING PARCELS, THOSE PARCELS WERE ALWAYS SEPARATE BUILDABLE LOTS.
THE SUBJECT LOT WAS NOT REDUCED IN SIZE SO AS TO BE NON-CONFORMING BY ANY ACT OF THE APPLICANT.
IN FACT, IT WOULD BE IMPOSSIBLE TO COMBINE THE TWO ADJOINING LOTS BECAUSE OF A MORE THAN 20 FOOT HEIGHT DIFFERENTIAL BETWEEN THE TWO LOT BOUNDARIES.
UM, IF I CAN, I'D LIKE TO SHARE MY SCREEN JUST TO GIVE YOU A, A VISUAL, UM, SORRY.
SO HERE YOU CAN SEE THIS IS, THIS IS OUR LOT HERE, WHICH IS OBVIOUSLY THE UNDEVELOPED ASPECT AND THE OVERGROWN AND ABOVE IT IS THIS RETAINING WALL.
AND AT THE TOP HERE WAS THE PRIOR LOT THAT WAS, UH, OWNED BY THE SAME APPLICANT.
GIVE YOU ANOTHER, ANOTHER VISUAL OF THIS JUST TO GIVE YOU AN IDEA OF WHY JOINING THESE TWO LOTS WOULD'VE BEEN ENTIRELY IMPRACTICABLE.
ON APRIL 20TH, 2022, THE PLANNING BOARD AS LEAD AGENCY UNDER CCRA, ISSUED AN UNCONDITIONAL NEGATIVE DECLARATION DETERMINING THAT THIS PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT.
IMPORTANTLY, THE NEGATIVE DECLARATION WHICH THIS BOARD IS SUBJECT TO, STATES THAT THE PROJECT WILL NOT SUBSTANTIALLY INCREASE THE INTENSITY OR SCALE OF THE RESIDENTIAL USE OF THE LAND.
FURTHER, THE NEGATIVE DECLARATION SPECIFICALLY STATES THAT THE PROJECT WILL NOT RESULT IN AN ADVERSE CHANGE TO NATURAL RESOURCES INCLUDING WETLANDS AMONG OTHERS.
AND AT THAT SAME MEETING ON APRIL 20TH, THE PLANNING BOARD UNANIMOUSLY VOTED TO WISH A POSITIVE RECOMMENDATION TO THIS BOARD WITH RESPECT TO THE AREA VARIANCES APPLICANT IS SEEKING IN GIVING ITS UNANIMOUS POSITIVE RECOMMENDATION.
THE PLANNING BOARD HIGHLIGHTED THE FACT THAT THERE ARE PROPERTIES IN THE IMMEDIATE VICINITY THAT ARE, THAT ARE ALSO UNDERSIZED, AND THE PROJECT WOULD CONSTITUTE A SIGNIFICANT IMPROVEMENT TO THE CURRENT STATE OF THE NEIGHBORHOOD ON FEBRUARY 13TH, 2023 OF THIS YEAR.
THE PLANNING BOARD IN RESPONSE TO THE DECEMBER 12TH MEMORANDUM REITERATED ITS UNANIMOUS APPROVAL OF THIS PROJECT AND RECOMMENDED THAT THE VARIANCES BE GRANTED NOTING THAT WHILE A SMALL PERCENTAGE OF THE PROPERTIES IN THE IMMEDIATE VICINITY OF THE SUBJECT PROPERTY APPEAR TO BE UNDERSIZED, THE PROPOSED IMPROVEMENTS TO THE SITE, INCLUDING BUT NOT LIMITED TO THE DESIGN OF THE PROPOSED STORM WATER MANAGEMENT SYSTEM TO EXCEED THE REQUIREMENTS OF THE TOWN CODE.
THE INCLUSION OF IMPERVIOUS SURFACE DRIVEWAY AND THE ADDITION OF LANDSCAPING REPRESENT A SIGNIFICANT UPGRADE OVER EXISTING CONDITIONS.
IMPORTANTLY, IN REFERENCE TO THE ADDITIONAL VARIANCE TO SECTION 2 85 DASH 40 C6, WHICH I'D PREVIOUSLY REFERENCED, AND AGAIN, THIS PROVIDES AN EXCEPTION TO THE BULK REQUIREMENTS, THE PLANNING BOARD NOTED THAT THIS VARIANCE IS TECHNICAL IN NATURE AND HAS NO ADDITIONAL IMPACT ON LAND USE BEYOND WHAT WAS ALREADY CONSIDERED BY THE PLANNING BOARD IN PROVIDING ITS UNANIMOUS SUPPORT FOR THIS PROJECT.
IN THE ALTERNATIVE AREA, VARIANCES SHOULD BE GRANTED, AND AGAIN, WE'RE NOT SAYING THAT, UM, WE'RE WAIVING OUR, OUR ARGUMENT THAT, UM, THE DEED CREATED THE, THE VARIANCES AND NO VARIANCES ARE NEEDED.
IT'S JUST A SECOND PATH TO APPROVING THIS PROJECT.
IF THE BOARD CHOOSES TO ENTERTAIN THE VARIANCE REQUEST, THE APPLICANT SEEKS VERY AREA VARIANCES PURSUANT TO TOWN LAW SECTION 2 67 B THREE FOR MINIMUM LOT AREA AND MINIMUM LOT FRONTAGE WIDTH.
AS WE KNOW, THIS PROPERTY IS SITUATED IN THE R 75 RESIDENTIAL ZONING DISTRICT.
THE PERMITTED, UH, MINIMUM IN LOT AREA IS 7,500 SQUARE FEET.
THE APPLICANT IS SEEKING A VARIANCE TO 6,100 SQUARE FEET.
THE PERMITTED MINIMUM LOT FRONTAGE WIDTH IS 75 FEET.
THE APPLICANT IS SEEKING A VARIANCE OF 62.5 FEET.
THOSE ARE THE ONLY VARIANCES IT'S SEEKING.
UH, THERE'S NO SIDE WIDTH, UH, OR BACK, OR BACK, UH, BACK LOT VARIANCES THAT ARE, THAT ARE BEING, UH, REQUESTED.
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AS THE ZONING BOARD IS AWARE IN MAKING ITS DETERMINATION, THE BOARD SHALL TAKE INTO CONSIDER CONSIDERATION THE BENEFIT OF THE APPLICANT IF THE VARIANCE IS GRANTED AS WEIGHED AGAINST THE DETRIMENT TO THE HEALTH, SAFETY AND WELFARE OF THE NEIGHBORHOOD OR COMMUNITY BY SUCH GRANT.IN BALANCING THESE INTERESTS, THE BOARD MUST CONSIDER THE FIVE FACTORS, WHICH I WILL BRIEFLY ADDRESS FIRST, AS WE HAVE PREVENT PRESENTED TO THE BOARD IN THE PAST.
THERE ARE EXAMPLES OF PAST PRECEDENT, UH, IN THE SPECIFIC AREA.
IN FACT, THERE ARE TWO PROPERTIES THAT ARE, UH, UNDERSIZED AND THAT HAS BEEN PREVIOUSLY PRESENTED TO THE BOARD, SO I WON'T GET INTO THAT AS WELL AS PART OF THE RECORD.
UH, LET'S LOOK AT THE FIVE FACTORS BRIEFLY.
NUMBER ONE, THERE'LL BE NO UNDESIRABLE CHANGE OR DETRIMENT TO THE NEARBY PROPERTIES.
THE GRANTING OF THE REQUESTED VARIANCES WILL NOT CREATE AN UNDESIRABLE CHANGE OR DETRIMENT TO THE NEARBY PROPERTIES.
THE PROPOSED PROJECT MEETS THE USE CRITERIA OF THIS PROPERTY AS INTENDED BY THE TOWN.
INDEED, ALL OF THE NEIGHBORING PROPERTIES CONTAIN HOUSES THAT ARE OF SIMILAR DIMENSIONS TO THE PROS, THE PROPOSED PROJECT.
AS SUCH, THERE WILL BE NO DE UNDESIRABLE CHANGE TO THE CHARACTER OF THE NEIGHBORHOOD, NOR WILL THERE BE A DETRIMENT TO NEARBY PROPERTIES.
IN FACT, AS I'VE SAID EARLIER AND HAVE I, AS I'VE REPEATED EVERY TIME I'VE BEEN IN FRONT OF THIS BOARD, THE PLANNING BOARD HAS UNANIMOUSLY PROVIDED A POSITIVE RECOMMENDATION FOR THE APPROVAL OF THE VARIANCES OF THIS PROJECT.
THERE WILL BE AN EXPONENTIAL IMPROVEMENT TO THE NEIGHBORHOOD.
THE ADJACENT PROPERTIES ON EITHER SIDE OF THIS LOT WOULD NOT BE NEGATIVELY IMPACTED AS THE SIDE YARDS OF THE LOT ARE IN KEEPING WITH THE REQUIREMENTS FOR AN R 75 ZONING DISTRICT NUMBER TWO, THERE IS NO ACHIEVABLE, THERE ARE NO SUITABLE ALTERNATIVES TO ALTERNATIVES OR METHODS AVAILABLE TO THE APPLICANT FOR THIS, FOR THE USE OF THE CLARATIN ROAD LOT OTHER THAN ITS ITS DEVELOPMENT WITH A RESIDENCE AS CONTEMPLATED BY THE DEED AND ITS ZONING DESIGNATION BY NO OF THE APPLICANT, NO FAULT OF THE APPLICANT.
THE LOT IS UNDERSIZED IN LOT AREA AND FRONTAGE FOR AN R SEVEN FIVE ZONING DISTRICT.
ASIDE FROM THE Z B A OVERRULING, THE DETERMINATION SET FORTH IN THE BUILDING'S INSPECTOR'S DECEMBER 12, 22 MEMO LOT SIZE AND FRONTAGE VARIANCES ARE ABSOLUTELY REQUIRED FOR THE BUILD OF THE PROPOSED SINGLE FAMILY HOUSE, WHICH IT MUST BE RATED IS THE ONLY VIABLE USE FOR THIS PROPERTY.
THIS PROPERTY, THERE'S NO OTHER METHOD TO PURSUE AS THE, AS THE DEEDED LOTS MAKING UP.
THE PROPERTY ARE FIXED IN AREA AND GEOMETRY.
THE EXISTING AREA IS MAXED AT SIX 6,105 SQUARE FEET.
AND LIKEWISE, THE FRONTING GEOMETRY IS MAXED AT 62 AND A HALF SQUARE FEET.
THE REQUESTED AREA VARIANCE IS THE ONLY WAY FOR THE APPLICANT TO ACHIEVE THE PURPOSE AND USE OF THIS LOT.
THERE WILL BE NO ADVERSE CONSEQUENCES OR DIMINISH THE SUBSTANTIAL, UH, THERE WOULD NO ADVERSE CONSEQUENCES, UM, BECAUSE OF THESE VARIANCES, THE VARIANCES ARE NOT SUBSTANTIAL.
THE VARIANCES ARE THE MINIMUM REQUIRED IN ORDER FOR THE APPLICANT TO BUILD A PROPOSED SINGLE FAMILY HOME ON THE PROPERTY.
INDEED, THE APPLICANT IS NOT SEEKING VARIANCES FOR SIDE OR REAR YARD AND AS NOTED THE DEEDED NOTWITHSTANDING, BUT FOR THE FACT THAT THE APPLICANT AT ONE POINT OWNED AN ADJOINING LOT, THE NEED FOR THE REQUEST OF VARIANCES WOULD'VE BEEN OBVIATED BY THE EXEMPTION ALLOWED UNDER TOWN CODE SECTION 2 85 DASH 40 C SIX.
SORRY, THIS IS THE COURT REPORTER.
UM, DO YOU WANT ME TO, DO YOU WANT ME TO REPEAT ANYTHING? NO, GO AHEAD.
THE LOT AND FRONTAGE AREA VARIANCES ARE REQUIRED BY THE TOWN'S CREATION OF THE UNDERSIDE LOT TWO MONTHS AFTER BEING UP ZONED FROM AN R FIVE TO AN R SEVEN FIVE.
EVEN SO HERE ONLY THE LOT SIZE AND FRONTAGE AREA ARE NONCONFORMING.
AND AS PREVIOUSLY NOTED, NOT ONLY IS THERE NO ADVERSE OR DETRIMENTAL IMPACT TO THE NEIGHBORHOOD THAT THIS PROJECT WILL CONSTITUTE A SIGNIFICANT IMPROVEMENT TO THE NEIGHBORHOOD, THERE'LL BE NO ADVERSE IMPACT OR EFFECT ON THE ENVIRONMENT.
AS NOTED, THE PLANNING BOARD ISSUED A NEGATIVE DECLARATION FINDING THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT AND TWICE UNANIMOUSLY SUPPORTED THE APPROVAL OF THE VARIANCES FOR THIS PROJECT.
ADDITIONALLY, AS SET FORTH IN THE DECEMBER 8TH, 2022 LETTER SUBMITTED TO THE BOARD BY OUR PROJECT IN NEAR MR. ESCALADES, THE PROPOSED PROJECT WILL NOT CAUSE THE EXISTING SEWER PIPE, WHICH RUNS THROUGH THE LOT BY THE EASEMENT, CREATED BY THE DEEDED TO BEAR ANY UNDUE STRESS OR LOADS THAT THAT LETTER OBVIOUSLY HAS BEEN SUBMITTED FOR THE RECORD AND MR. ESCALADE IS HERE TO ANSWER ANY QUESTIONS, UH, REGARDING THAT.
AND FINALLY, THE NEED FOR THE VARIANCES WAS NOT SELF-CREATED.
THE DIFFICULTY WHICH NECESSITATED THIS REQUEST FOR AREA IS NOT SELF-CREATED AS THE LOT AS CREATED BY THE TOWN IS INTENDED TO BE USED FOR THE CONSTRUCTION OF A SINGLE FAMILY RESIDENCE.
BUT IT'S UNDERSIDES FOR THE ZONING DESIGNATION, WHICH WAS CHANGED A MERE TWO MONTHS PRIOR TO THE TOWN'S CREATION OF THIS BUILDABLE LOT.
AS SUCH, THE LOT SIDE, THE LOT WAS UNDERSIZED FOR ITS ZONING DESIGNATION FROM THE OUTSET.
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THE TOWN, ALONG WITH THE PROPERTY'S NEIGHBORS HAVE AND CONTINUED TO BENEFIT FROM THE SEWER EASEMENT, WHICH WAS PART OF THE CONSIDERATION FOR THE TOWN'S SALE OF THE PROPERTY.THE ONLY ALTERNATIVE THE APPLICANT WOULD HAVE OUTSIDE OF SEEKING THE VARIANCE IS TO BUILD NO HOME AT ALL AND LEAVE IT A VACANT LOT.
BASED ON THE FOREGOING, THIS APPLICATION PRESENTS AN APPROPRIATE REQUEST FOR RELIEF FROM THE BUILDING INSPECTOR'S DETERMINATION SET FORTH IN THE DECEMBER 12TH MEMORANDUM, OR ALTERNATIVELY FOR AREA VARIANCE AREA VARIANCES FOR LOT SIZE AND LOT FRONTAGE WIDTH DUE TO THE FACTS AND CIRCUMSTANCES SET FORTH HEREIN THE NATURE OF THE PROPERTY'S LOCATION AND THE FACT THAT THE LOT ITSELF WAS CREATED BY THE TOWN TWO MONTHS AFTER THE ZONING DESIGNATION WAS CHANGED FOR THE SPECIFIC PURPOSE OF CONSTRUCTING A SINGLE FAMILY RESIDENCE, WHICH IS WHAT IS BEING PROPOSED HERE, THIS BOARD CAN ESTABLISH A REASONABLE AND RATIONAL BASIS FOR OVERTURNING THE BUILDING INSPECTOR'S DETERMINATION SET FORTH IN THE DECEMBER 12TH MEMO, OR IN THE ALTERNATIVE, GRANTING THE VARIANCES THAT ARE REQUESTED, UH, BY THE APPLICANT.
THERE WILL BE NO DETRIMENT TO THIS HEALTH, SAFETY AND WELFARE OF THE NEIGHBORHOOD OR COMMUNITY, RATHER AS THE TOWN OF GREENBERG'S PLANNING BOARD HAS OPINED TWICE NOW, THIS PROJECT WHEN COMPLETE WILL CONSTITUTE A SIGNIFICANT IMPROVEMENT TO THE NEIGHBORHOOD AND ONLY SERVE TO INCREASE THE VALUE OF THE NEIGHBORING PROPERTIES THAT WE THANK THE BOARD FOR ITS TIME AND CONSIDERATION OF THIS MATTER.
IS THERE ANYONE ELSE WHO WANTS TO COMMENT ON THIS CASE? YES, GOOD EVENING.
UH, MEMBERS OF THE ZONING BOARD, UH, MY NAME IS MICHAEL SERANO.
I'M COUNSELED ADAM GOOD FARB, WHO RESIDES NEXT DOOR TO THIS PROPERTY AT 60 CLAREDON ROAD.
UH, TONIGHT IS IS A ONE YEAR ANNIVERSARY OF THIS PROCEEDING BEFORE YOUR BOARD.
UM, AND IT HAS A, NOT ONLY A LONG HISTORY, BUT KIND OF A CONVOLUTED HISTORY, UH, IT'S BEEN ADJOURNED NUMEROUS TIMES BY THE APPLICANT AFTER WE RAISED OBJECTIONS.
UH, AND, AND THERE ARE TWO CRITICAL DATES THAT I WANT EACH BOARD MEMBER TO THINK ABOUT AND TRY TO REMEMBER WHETHER ONE, THEY WERE IN ATTENDANCE THAT EVENING, AND TWO, WHETHER THEY REMEMBERED THE TESTIMONY AND THE EVIDENCE SEDUCED AT THAT ON THOSE TWO EVENINGS.
UH, THIS FIRST APPEARED ON, ON MARCH 24TH, UH, AND, UH, MR. FIX, ATTORNEY FIX, UH, DIDN'T PRESENT ANY EVIDENCE THAT NIGHT.
UH, HE WAS STILL IN FRONT OF THE PLANNING BOARD AND HE, AND HE ADVISED THE BOARD HE WOULD COME BACK AND MAKE A PRESENTATION ON APRIL 28TH, 2022.
UH, AND THAT WAS A RATHER LENGTHY PROCEEDING, BUT THERE WERE ONLY FIVE OF YOUR MEMBERS PRESENT.
I I BELIEVE SOME WERE PHYSICALLY PRESENT AND ONE, UH, OR TWO MAY HAVE BEEN, UH, PARTICIPATING VIA ZOOM, BUT THERE WERE ONLY FIVE, AND A VOTE WAS TAKEN AT THE END OF THAT MEETING, AND IT FAILED TO CARRY, IT FAILED TO GET FOUR VOTES.
IT WAS A THREE VOTES IN FAVOR, TWO VOTES AGAINST, AND THERE WERE TWO MEMBERS ABSENT, AND THEY'RE BEING INSUFFICIENT, UH, MAJORITY TO GRANT THE VARIANCES THAT THE CHAIR, UH, ADJOURNED, UH, TO THE MAY MEETING AND THEN IT WAS ADJOURNED, ADJOURNED, ADJOURNED.
AND THEN THE NEXT TIME YOU ACTUALLY HEARD EVIDENCE WAS ON NOVEMBER 17TH, 2022.
UH, AND THAT WAS THE FIRST TIME THAT THIS NEW THEORY THAT NO VARIANCES WHATSOEVER WAS FIRST PRESENTED AND ARGUED TO YOUR BOARD.
UH, I THINK THAT'S AN UNTIMELY ARGUMENT, UH, BUT, UH, NEW YORK STATE LAW ALLOWS BOARD MEMBERS TO VOTE ON ZONING BOARD MEMBERS TO VOTE ON MATTERS.
UH, EVEN WHEN THEY WEREN'T PRESENT AT ALL OF THE MEETINGS.
UH, PUBLIC HEARINGS PROVIDED THAT THE BOARD MEMBER EITHER READ THE MINUTES OR WATCHED THE VIDEO, UH, AND UH, AND READ THE FILE AND THE EVIDENCE, UH, IN THE RECORD.
SO I I, I THINK EACH OF YOU, UH, NEED TO ASK YOURSELVES IF YOU REMEMBER IF YOU WERE HERE ON APRIL 28TH AND NOVEMBER 17TH, AND WHETHER YOU REMEMBER THE EVIDENCE, SEDUCED IT, AND IF YOU DON'T, EITHER YOU WEREN'T HERE OR YOU HAVEN'T REVIEWED THE MINUTES OR THE VIDEOS, THEN REALLY YOU SHOULD BE RECUSING YOURSELF FROM VOTING TONIGHT.
UH, UH, SO THE RECORD IS RATHER MUDDLED.
UH, THIS NEW THEORY CAME UP VERY LATE IN THE GAME LAST NOVEMBER, UH, ABOUT THAT THE, UH, BUILDING INSPECTOR WAS WRONG, THAT A VARIANCE, UH, ANY VARIANCE WAS NEEDED WHATSOEVER.
AND, UH, I THINK ON NOVEMBER 17TH,
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I DESCRIBED WHY THAT WAS PREPOSTEROUS, AND I'M NOT GONNA REPEAT MY COMMENTS THERE, BUT MR. FIX HAS TOLD YOU THAT, THAT THIS LOT NUMBER EIGHT, WAS CREATED BY THE TOWN BOARD AS A BUILDABLE LOT.WELL, THAT'S NOT WHAT THE DEEDED SAYS.
THAT'S NOT WHAT THE MINUTES, I FOILED THE MINUTES GOING BACK TO, UH, TO 19 JUNE 24TH, 1947.
AND THAT'S NOT WHAT THE TOWN BOARD DID.
NOWHERE IN THE DEED DOES THE TOWN BOARD SAY THIS IS A BUILDABLE LOT OR OTHERWISE GRANT THE OWNERS, UH, THE RIGHT TO, TO BUILD.
UH, AND, AND THERE'S A REASON I I THINK, YOU KNOW, FROM YOUR EXPERIENCE AS BOARD MEMBERS, THERE'S A REASON THAT A PARTICULAR LOT HAS NEVER BEEN BUILT ON.
THIS ONE IS, WAS CREATED BY, UH, UH, DEEDED OUT BY THE TOWN BOARD 75 YEARS AGO.
SO WHY HASN'T IT BEEN DEVELOPED IN THE PAST 75 YEARS WHEN THE REST OF THE NEIGHBORHOOD HAS BEEN, UH, AND THE ANSWER IS MULTI, UH, FOLD IN, IN ITS DIMENSIONS.
ONE IS THERE IS A, A, A LARGE RETAINING WALL, AND, UH, THAT RETAINING WALL IS OVERGROWN.
NOW, IF, IF THE CURRENT OWNER, THE APPLICANT HAD MAINTAINED HIS PROPERTY AND CUT BACK ALL OF THAT OVERGROWTH, YOU WOULD SEE THAT THERE'S A STONE STEPS CONNECTING.
UH, IS IT 50, CONNECTING 57 ARGYLE.
THE HOME THAT HE, THE APPLICANT LIVED IN UNTIL RECENTLY WITH THESE TWO LOTS DOWN BELOW THESE TWO LOTS, EIGHT AND NINE WERE, WERE ESSENTIALLY THE BACKYARD FOR 57 ARGYLE.
THEY WERE OWNED IN COMMON OWNERSHIP FOR DECADES AND DECADES.
IT WAS THE APPLICANT WHO SELF-CREATED HIS PROBLEM AND, AND FOUND HIS WAY BEFORE YOUR BOARD BY SELLING OFF 57 ARGYLE AND HOLDING ONTO EIGHT AND NINE WITH THE HOPES THAT YOU FOLKS WOULD ALLOW HIM TO BUILD ON A SUBSTANDARD, ON TWO SUBSTANDARD COMBINED LOTS AND TURN HIS INVESTMENT, UH, INTO A WINDFALL.
BUT THAT'S NOT HIS ZONING BOARD'S JOB TO TURN INVESTMENT DECISIONS, BAD INVESTMENT DECISIONS INTO GOLDEN ONES.
UH, THE LOTS 15, THAT'S 57 ARGYLE EIGHT AND NINE FIRST CAME UNDER COMMON OWNERSHIP BACK IN 1949 WHEN THE NORDBERG FAMILY ACQUIRED THE THIRD LOT.
AND ALL THREE OF THESE CONTIGUOUS LOTS REMAINED UNDER COMMON OWNERSHIP FOR THE NEXT 72 YEARS, INCLUDING UNDER THE APPLICANT'S OWNERSHIP UNTIL HE SOLD OFF JUST LOT 57.
THAT'S, UH, LOT 15, WHICH IS 57 ARGYLE ON JUNE 17TH, 2021.
AND AFTER HE DOES THAT, HE THEN FILES A BURN BUILDING PERMIT APPLICATION TO TRY TO, TO SPEC A HOUSE ON WHAT WAS THE BACKYARD OF 57 ARGYLE, UH, TO THE DETRIMENT OF, OF THE NEIGHBORS AROUND.
UH, SO ONE OF THE REASONS WHY THIS PROPERTY WAS NEVER BUILT ON WAS IT WAS THE BACKYARD OF THE HOUSE AND ALL OF THE PRIOR OWNERS DIDN'T WISH TO SEE IT BUILT OUT, BUT THERE IS A, A STEEP DROP OFF.
AND ALSO THERE'S A SEWER EASEMENT, WHICH THE TOWN CREATED AT THE VERY SAME TIME THAT IT ORIGINALLY DEEDED OUT, LOT NUMBER EIGHT.
UH, AND THAT SEWER EASEMENT IS 10 FEET WIDE AND 88 FEET 10 INCHES, UH, RUNS EAST WEST DISSECTING THE PROPERTY.
AND WHAT IT DOES IS, UH, TO MR. GOOD FORBES DETRIMENT IT FOR, IT PREVENTS THE APPLICANT FROM CENTERING HIS PROPOSED HOUSE ON HIS TWO COMBINED LOTS, AND IT FORCES THE APPLICANT TO MOVE THE HOUSE, SHIFT THE HOUSE CLOSER TO MR. GOOD FARM'S HOUSE.
UH, NOW THE, UH, YOU HAVE IN THE RECORD A A LETTER SIGNED AND SEALED BY PROFESSIONAL ENGINEERS, MARCHETTI CONSULTING ENGINEERS THAT ADDRESS THIS SEWER EASEMENT AND THE, AND THE PROPOSED FOUNDATION OF THE NEW HOUSE JUST FIVE FEET OFF OF THIS CLAY EIGHT INCH PIPE THAT'S BURIED AND AND CARRIES EFFLUENT SEWAGE EFFLUENCE.
UH, MARCHETTI ENGINEERINGS HAVE GIVEN YOU A LETTER SIGNED AND SEALED DATED JUNE THE EIGHTH, 2022, IN WHICH THEY EXPRESSED THEIR PROFESSIONAL OPINION AS LICENSED NEW YORK ENGINEERS, THAT THE PROPOSED LOCATION OF THE HOUSE, JUST FIVE FOUNDATION FIVE FEET FROM THIS CLAY PIPE IS, DOES NOT MEET THE BEST PRACTICES FOR CONSTRUCTION OR FOR ENGINEERING ADJACENT TO EASEMENTS.
UH, THEY POINT OUT THAT EVEN A MINOR CRACKING OF, OF A CLAY SA PIPE,
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SUCH AS THIS WOULD BE UNSEEN NUMBER ONE, BUT TWO, IT COULD LEAD TO A MIXING OF SANITARY AND STORM WATER WITH OBVIOUS PUBLIC HEALTH CONCERNS FOR NOT ONLY MR. GOODFOR BUT THE REST OF THE DOWN, UH, DOWNSTREAM PROPERTIES.UH, THE MARETT ENGINEERS ALSO, UH, STATE THAT THE, IN THE FUTURE WHEN THIS CLAY PIPE NEEDS MAINTENANCE, THE PLACEMENT OF A FOUNDATION FIVE FEET OFF OF IT, JUST FIVE FEET AWAY, IS GOING TO LIMIT SAFE ACCESS TO THE SEWER MAIN FOR FUTURE MAINTENANCE REPAIR OR EVENTUAL REPLACEMENT.
SO IT'S THEIR PROFESSIONAL OPINION IN ACCORDANCE WITH GOOD ENGINEERING PRACTICES AS WELL AS SAFE CONSTRUCTION PRACTICES AND MAINTENANCE THAT THEY RECOMMEND A MINIMUM SEPARATION OF 30 FEET TO BE MAINTAINED BETWEEN A HOUSE FOUNDATION AND THE DELINEATION OF A AND OF A SEWER EASEMENT.
AND, AND IF, IF THIS 30 FOOT SEPARATION WERE, UH, CONFORMED TO THE RISKS OF DAMAGE TO THE BURIED SEWER LINE AND THE POSSIBLE STORMWATER INFILTRATION MIXING WITH SANITARY WASTE WOULD BE SUBSTANTIALLY REDUCED, UH, AND THEY ADVISE YOU THAT IT'S UNWISE AND NOT RECOMMENDED TO PLACE, CONSTRUCT AND MAINTAIN THE HOUSE FIVE FEET FROM THIS CLAY PIPE, UH, I, I DON'T BELIEVE YOU HAVE ANYTHING IN WRITING WITH A SEAL FROM MR. ESCAL OR ANY OTHER PROFESSIONAL ENGINEER, UH, SAYING THAT FIVE FOOT, UH, SEPARATION IS GOOD.
UH, PRACTICE, ENGINEERING PRACTICE.
UH, NOW THE, THE, UH, OF THE FIVE FACTORS, I'M NOT GONNA GO THROUGH ALL OF THEM, BUT CERTAINLY IT'S CLEAR HERE THAT ANY DIFFICULTY THE APPLICANT IS FACING, UH, BY WAY OF NEEDING VARIANCES FROM YOUR BOARD IS SELF-CREATED.
UH, WHEN HE, HE DID THAT, WHEN HE SOLD OFF HIS HOUSE AT 57 ARGO ROAD AND CHOSE TO RETAIN OWNERSHIP OF LOTS EIGHT AND NINE, THE BACK, HIS BACKYARD.
UH, AND, AND SO YOU SHOULDN'T BE GIVING HIM RELIEF FROM PROBLEMS THAT HE SELF-CREATED.
UH, SO IN SUMMARY, THE THIS, THIS YEAR LONG ORDEAL, UH, HAS COME BEFORE THIS BOARD REPEATEDLY.
UH, SOME MEMBERS WERE PRESENT SOME EVENINGS, SOME MEETINGS, OTHER MEMBERS WERE PRESENT, OTHER MEETINGS.
UH, AND I, I THINK, UH, IN TERMS OF WHETHER OR NOT THIS, THE TOWN BOARD WHEN IT DEEDED OUT THIS PROPERTY, UH, FOREVER DECLARED IT TO BE A BUILDABLE LOT, I THINK IT'S A, IT'S A, IT'S A LEGAL MATTER THERE.
I THINK YOU NEED, UH, TO BE GUIDED BY YOUR OWN TOWN ATTORNEY ON THAT ISSUE.
I DON'T THINK, UH, THAT'S WITHIN THE PURVIEW OF A ZONING BOARD TO MAKE THOSE KIND OF LEGAL, UH, DETERMINATIONS OR, OR TO MAKING, PICKING SIDES IN A, IN A LEGAL DISPUTE OVER THE INTERPRETATION OF A DEEDED OR AN EASEMENT.
UH, BUT WHAT WE DO KNOW IS THAT, THAT THIS PROPOSAL, UH, FIVE FEET FROM THE SEWER LINE, UH, JUST IS NOT IN THE PUBLIC INTEREST.
IT DOES NOT PROMOTE, UH, THE SAFETY AND WELFARE OF THE NEIGHBORHOOD, CERTAINLY NOT OF MR. GOOD FARB AND THE OTHER DOWNSTREAM NEIGHBORS.
AND WE URGE THE BOARD, UH, IF, IF YOU FEEL THAT YOU WERE PRESENT AT, AT THE CRITICAL MEETINGS AND YOU RECALL THE EVIDENCE AND YOU'RE READY TO VOTE THAT YOU VOTE AGAINST THIS PROPOSAL.
WHEN YOU, LET ME ASK YOU ONE QUESTION.
YOU SAID DETRIMENTAL TO THE NEIGHBORHOOD.
IS THAT FOCUS PARTICULARLY JUST ON THE, UM, SEWER EASEMENT AND THE POSSIBLE CONSEQUENCES? OR IS IT SOMETHING ELSE? WELL, IT'S, IT'S, THAT'S CERTAINLY ONE OF THEM.
THE OTHER IS THAT IT'S, THIS HOUSE IS GONNA BE, HAVE A BACKDROP OF A, OF A VERY TALL RETAINING WALL.
IT'S GONNA BE OUT OF CHARACTER WITH, WITH, UH, THE OTHER HOMES TO THE RIGHT AND TO THE LEFT AND ACROSS THE STREET.
UH, AND BUT HOW IS THAT A DETRIMENTAL TO THE NIG, DETRIMENTAL TO THE NEIGHBORHOOD? WELL, IT'S, IT'S, IT'S JUST NOT A, A TYPICAL OF A RESIDENTIAL NEIGHBORHOOD TO HAVE A 25 FOOT RETAINING WALL, UH, SO CLOSE TO THE REAR OF A HOME.
THERE'S VIRTUALLY GONNA BE NO BACKYARD TO THIS HOUSE.
[00:30:01]
OF CHARACTER WITH THE NEIGHBORHOOD ENTIRELY.UH, AND, UH, AND AGAIN, BECAUSE OF THE LOCATION OF THAT SEWER PIPE, IT'S, IT PUSHES THE HOUSE OFF CENTER AND FORCES IT CLOSER TO MR. GOOD FAR, UH, THAN IT SHOULD ORDINARILY BE.
AND, AND AS THE OTHER HOMES IN THE NEIGHBORHOOD ARE PRETTY WELL SPACED AND CENTERED ON THEIR LOTS, THIS ONE WILL NOT BE, WELL, YOU COULD ARGUE THINKING OF THE WAY YOU DESCRIBE IT NOW, THAT THE LACKING HOUSE LACKING A BACKYARD BECAUSE OF THE, UM, TOPOGRAPHY, BUT THAT THEY HAVE A SIDE YARD BECAUSE THE EASEMENT IS THERE.
THEY HAVE A SIDE YARD, UH, THEY HAVE A LARGER ONE ON MR. GUPTA'S SIDE, BUT THEY DON'T HAVE A BACKYARD.
AND I THINK, I THINK THIS IS VERY MUCH A, A SQUARE PEG TRYING TO BE PUSHED IN THROUGH A ROUND HOLE.
ANY OTHER QUESTIONS FROM THE BOARD WHILE THIS GENTLEMAN IS HERE? CAN I, LET ME SEE.
IS THERE ANYONE ELSE IN THE AUDIENCE? YEAH, DO YOU WANNA GO? GOOD EVENING.
I'M THE OWNER OF 60 CLARENDON ROAD IN, UM, EDGEMONT.
UM, MY LAWYER IS MICHAEL CIANO WHO JUST SPOKE.
I JUST WANNA MAKE A FEW POINTS.
FIRST OF ALL, MR. FIX SAID THAT THERE IS NO ADVERSE EFFECT.
THERE'S A MAJOR ADVERSE EFFECT HERE.
LIFE AS LAWYERS LIKE ME KNOW, INVOLVES ACCIDENTS HAPPENING.
YOU HAVE A CLAY PIPE, WHICH MY EXPERT UNDER SEAL HAS EXPRESS GREAT CONCERN ABOUT.
IF THIS HOUSE IS ALLOWED TO BE BUILT, YOU WON'T EVEN HAVE A WAY, AN EASY WAY TO GET ACCESS.
AND MAY I SAY THAT ON FORT HILL ROAD ON THE OTHER SIDE OF CLARENDON, THEY'VE BEEN WORKING FOR WEEKS AND WEEKS ON, ON ANOTHER PROBLEM.
AND WHAT DOES THE TOWN SAY? THE TOWN SAYS, WELL, THE INFRASTRUCTURE IS OLD.
THAT'S WHY THESE THINGS HAPPEN.
UH, AND UM, SO IT, THERE IS AN ADVERSE EFFECT TO LIVE ON A STREET AND PAYING TAXES AND RELYING ON THE TOWN TO LIVE ON A STREET WHERE THERE COULD BE THIS KIND OF WATER COMING OUT OF THE PIPE IN YOUR FRONT YARD, IN YOUR STREET IS SICKENING, SHOULD NOT BE HAPPENING.
THE TOWN OF GREENBURG SHOULD TAKE EVERY STEP TO PREVENT THAT FROM HAPPENING.
IN MY CASE, IN ADDITION TO THE THREAT TO MY HEALTH, SAFETY, AND WELFARE, AS EVERYBODY ON THE BLOCK HAS, I ALSO HAVE THE ISSUE AND THAT I'M GONNA LOSE MY PRIVACY, MY LIGHT AND MY AIR.
AND ONE THING I WANT TO SAY IS, IN MY EXPERIENCE IN LIFE, ZONING IS ABOUT FAIRNESS.
NOW, THIS IS A SELF-CREATED PROBLEM BY MR. GAZ.
HE DIDN'T HAVE TO, THIS IS NOT LAND THAT HE WANTED TO BUILD ON THAT HE CAN'T BUILD ON.
THIS IS LAND THAT HAS NEVER BEEN BUILT ON, AND HE KNOWS IT.
AND SO HERE I AM, 69 YEARS OLD, OWNING THIS HOUSE, INVESTED MONEY IN IT, AND I'M BEING TOLD THAT THE ZONING BOARD CAN GIVE A VARIANCE, WHICH CAN COMPLETELY DAMAGE MY INVESTMENT AND MY LIFE.
AND THIS IS WHAT I WANNA SAY ABOUT IT.
WHEN I BOUGHT THE HOUSE, I UNDERSTOOD THAT THIS LAND WAS THERE.
IT WASN'T PRISTINE, BUT IT'S MUCH WORSE NOW.
BUT, BUT THE PROBLEM WAS THAT IT'S TOO SMALL TO BUILD ON.
I KNEW THAT I INQUIRED AND I KNEW THAT IT WAS TO BUILD THE SMALL BILL TOO SMALL TO BUILD ON.
BUT AT THE SAME TIME, THERE'S ALSO THIS HORRIBLE SEWER EASEMENT ISSUE.
I THINK THAT AN OWNER ON A STREET LIKE MINE HAS A RIGHT TO RELY ON THE TOWN TO DO WHAT'S RIGHT FOR THE NEIGHBORS.
I THINK THAT'S WHY ZONING CAME INTO EFFECT IN MANHATTAN IN 2000, EXCUSE ME, IN 1916, APPROXIMATELY.
AND WHILE IT'S STILL THERE, IT ZONING HERE IS BEING USED AS A SWORD BY THIS APPLICANT TO MAKE MONEY THAT ISN'T RIGHT.
THIS LAND DOES NOT BELONG WITH A HOUSE.
IT'S, IT'S JUST THE WAY IT IS.
AND EVERYBODY WHO LIVES ON THAT STREET HAS SEEN THAT LOT FOR YEARS.
[00:35:01]
THERE'S NO REASON FOR THIS HERE.THERE'S JUST NO REASON AT ALL TO HAVE THIS HOUSE.
I BELIEVE THAT IN, IN THE MEETING IN APRIL, ONE OF THE BOARD MEMBERS SAID, WELL, YOU ALWAYS NEED HOUSING.
AND THE ANSWER TO THAT IS, YES, YOU NEED HOUSING WHERE HOUSING IS APPROPRIATE PERHAPS, BUT IT IS NOT APPROPRIATE HERE.
AND IF THERE IS A BREAKAGE HERE, ALL OF THESE PEOPLE ARE GONNA SUFFER.
THE NEIGHBORHOOD IS GONNA SUFFER.
THE REPUTATION OF THE ENTIRE NEIGHBORHOOD IS GONNA SUFFER, AND IT CAN ALL BE AVOIDED.
AND I ASK ALL OF YOU TO DO THE RIGHT THING AND DENY THIS VARIANCE.
UM, BECAUSE I THINK THAT THE FUTURE OF THAT COMMUNITY, THAT PART OF THE COMMUNITY IS DEPENDENT ON IT.
I ALSO DON'T THINK IT'S RIGHT TO SQUEEZE IN A LITTLE HOUSE WHEN EVERYBODY KNOWS BUYS KNOWING WHAT THE ZONING BOUNDARIES ARE.
THIS IS JUST WAY TOO SMALL A PIECE OF PROPERTY.
I JUST HAVE ONE, ONE QUICK QUESTION.
DO YOU HAVE A COPY SUBMITTED OF YOUR ENGINEER'S REPORT? YES, I HAVE ONE WITH YOU IF YOU WANT IT.
WOULD YOU LIKE TO SEE IT? I DON'T KNOW IF ONE WAS EVER SUBMITTED, BUT YES, WE GAVE IT TO MS. WALKER, DIDN'T WE? UH, I'M HAPPY TO GIVE IT TO YOU RIGHT NOW.
I THOUGHT MS. WALKER GAVE, I THINK IT WAS EMAILED TO US.
IS THERE ANYONE ELSE, OTHER THAN THIS GENTLEMAN THAT JUST CAME UP, IS THERE ANYONE ELSE IN THE AUDIENCE THAT'S GOING TO SPEAK WITH RESPECT TO THIS APPLICATION THIS EVENING? 'CAUSE WE HAVE TO BE MINDFUL OF OUR TIME.
UH, MY NAME IS, UH, ANG GUPTA.
I'M THE OWNER OF 70 NAN ROAD, WHICH IS ADJACENT TO, UH, THE LOT, UM, IN FRONT OF THE Z B A TODAY.
CAN THE PEOPLE IN THE BACK HEAR HIM? I'LL TRY TO SPEAK, UH, YES.
CAN YOU SPELL YOUR NAME? UH, T A R A N G.
LAST NAME IS GUPTA, G U P T A.
UH, SO I'LL START WITH, UH, TRYING TO ANSWER YOUR QUESTION, MADAM BUN SMITH ABOUT IF THIS DEVELOPMENT CAN HAVE AN ADVERSE EFFECT OUTSIDE OF THE SEWER LINE.
UM, AND SO, GARRETT, I'M SORRY, I SHARED A LINK WITH YOU.
IF YOU CAN PLEASE BRING THAT UP.
UM, AND I KNOW, UM, MY NEIGHBOR ALLUDED TO THIS, UH, THERE'S ANOTHER SEWER LINE OFF THE SAME VINTAGE ON THE OTHER SIDE OF THIS DEVELOPMENT, FIVE HOUSES DOWN.
UM, AND THAT STARTED LEAKING COINCIDENTALLY IN JANUARY, UM, OF THIS YEAR.
AND, UH, AND SUPERVISOR FINER HAS BEEN IN THAT AREA.
HE'S BEEN SENDING OUT NEWS REPORTS.
YOU CAN GO BY ANY TIME THEY'VE BEEN WORKING ON THIS FROM JANUARY.
A PRIVATE CONTRACTOR IS WORKING THERE.
THE STREET IS STILL BLOCKED EVERY WEEKDAY MOUNT JOY CONNECTING TO FORT HILL, UH, ROAD, THEY ONLY OPEN IN THE NIGHTS.
AND I WANNA ACTUALLY GO BY AND JUST TAKE PICTURES, BUT IT WAS NIGHT, SO COULDN'T GET GOOD PICTURES.
AND THAT'S A NEWS REPORT FROM, UH, FEBRUARY.
WHY IS IT TAKING SO LONG TO FIX MOUNT JOY? UM, AND THIS IS FIVE HOUSES DOWN FROM WHERE WE ARE TALKING ABOUT SAME KIND OF SEWER LINE IS LEAKING.
AND THE TOWN IS WORKING ON THIS FOR, AND THEY STARTED IN JANUARY.
THEY'VE BEEN WORKING ON THIS FOR THREE MONTHS.
YOU KNOW, THERE'S A HUGE BACKUP.
WE HAVE TO GO AROUND THEIR WHOLE AREA.
UH, I HAVEN'T FOILED, UH, HOW EXPENSIVE THIS FIX IS, BUT IF THE, I CAN IMAGINE THIS TO BE LESS THAN ANY, YOU KNOW, A COUPLE MILLIONS.
SO THIS DEVELOPMENT HERE, SAME KIND OF SEWER LINE SERVING ABOUT 10 HOUSES IN AR GALE, UH, WHAT IS IT GONNA TAKE THE TOWN TO FIX IT IF IT STARTS LEAKING? UH, AND ARE WE ASKING THE RIGHT QUESTIONS? WHAT ARE WE DOING TO PROTECT THE SEWER LINE? UH, MY WORRY IS THAT IF THIS E B A APPROVES THIS DEVELOPMENT, UM, THE DEVELOPER WILL GO TO THE BUILDING DEPARTMENT TO GET A PERMIT.
THEY WILL THEN BE FORCED TO STUDY THE STATE OF THE SEWER LINE.
AND IT IS VERY POSSIBLE THAT IT COMES OUT THAT THEY HAVE TO BUILD ABOUT 20 FEET AWAY FROM THE SEWER LINE.
UH, THE PE FIRM THAT MY NEIGHBOR, UM, EMPLOYED TO
[00:40:01]
STUDY, I MEAN, THEY PROPOSED 40 FEET, 40 FEET AWAY FROM THAT SEWER LINE, WOULD MEAN THEY HAVE ABOUT A SLIVER OF 10 FEET TO BUILD A HOUSE IF THEY ARE EVEN, TO BUILD A HOUSE 20 FEET AWAY.THIS HOUSE, AND I WANT YOU TO IMAGINE THIS HOUSE WOULD BE A SINGLE CAR GARAGE WITH MAYBE FOUR FEET LEFT FOR THE DOOR.
I MEAN, WE'VE ALL IMAGINED SUCH A HOUSE IN NEIGHBORHOODS WHERE THERE'S A CAR GARAGE AND THERE'S A DOOR ON THE SITE.
THE BUILDING DEPARTMENT WOULDN'T HAVE ANY POWER TO DENY THIS.
I MEAN, IN THIS TIME, WE DON'T HAVE A BOARD OF ARCHITECTURAL REVIEW.
SO IT IS UPON US TO MAKE SURE THAT THIS CONDITION DOESN'T HAPPEN.
IF Z B A APPROVES THIS, THE BUILDING DEPARTMENT IS FORCED TO APPROVE ANY BUILDING PLANS, WHICH WOULD PROTECT THE SEWER LINE.
AND THAT PLAN WOULD MOST LIKELY BE SOMETHING 20 FEET AWAY OR 30 FEET AWAY FROM THE SEWER LINE.
SO WE ARE LOOKING AT A HOUSE, WHICH MOST LIKELY IS GONNA BE A GARAGE AND A DOOR.
AND THIS WILL NOT FIT THE CHARACTER OF THIS NEIGHBORHOOD.
I MEAN, IF YOU DRIVE DOWN THAT, THERE'S NO SUCH HOUSE WHERE YOU HAVE, YOU KNOW, A 20 OR 25 FOOT WIDTH, UH, IN THE FRONT.
AND, UH, I MEAN, I KNOW I'VE BEEN ASKING FOR A SITE PLAN.
I SEE ONE TODAY HERE, THE, THE PREVIOUS SITE PLAN SUBMITTED, BUT THE DEVELOPER WAS BACK IN FEBRUARY, I THINK, TO THE PLANNING BOARD.
UH, I HAVE NOT SEEN ANY REASONABLE SITE PLAN, WHICH IS MORE THAN FIVE OR SIX FEET AWAY FROM THE SEWER LINE.
UH, THIS WAS BACK IN MARCH, I THINK THE FIRST HEARING I, I BROUGHT THIS UP THAT I HAVE ANOTHER ENGINEER WHO, WHO SUGGESTED THAT OSHA REGULATIONS REQUIRE THREE FEET OF OVER DIG.
IF YOU'RE CONSTRUCTING A FOUNDATION, THIS IS MINIMUM SO THAT PEOPLE CAN STAND THERE AND, YOU KNOW, EVEN GET THE FORMS UP FOR THE FOUNDATION AND THE, THE FORMS DON'T COLLAPSE ON THEM.
SO IF YOU OVER DIG BY THREE FEET, YOU'RE ALREADY ON THE SEWER LINE.
UH, THE COUNTY, WESTCHESTER COUNTY REQUIRES FIVE FEET OF SEPARATION BETWEEN ANY SEWER LINE AND FOOTING DRAINS.
IF YOU DO THAT, I MEAN, YOU ARE ALREADY TALKING.
THE SEWER LINE IS THE MIDDLE OF THE EASEMENT.
THE EASEMENT IS FIVE FEET ON EITHER SIDE.
IF YOU HAVE TO BE FIVE FEET AWAY FOR YOUR FOOTING DREAMS, YOUR ACTUAL FOOTINGS ARE GOING TO BE ABOUT SEVEN OR EIGHT FEET AWAY.
I MEAN, I KNOW NOT ALL OF US ARE INGENIOUS.
I'M NOT, UH, I'M NOT A CIVIL ENGINEER, BUT I KNOW THE FOOTINGS ARE USUALLY FLAN A FOOT ON EACH SIDE OF THE FOUNDATION WALL.
THIS HOUSE IS GONNA BE ABOUT 10 FEET AWAY FROM THAT SEWER LINE.
CHANCES ARE THAT TOWN, I HOPE, REQUIRES IT TO BE 20 FEET AWAY TO PROTECT US FROM WHAT'S HAPPENING ON MOUNT JOY FOR THREE MONTHS WITH NO END IN SIGHT.
SO I'M GONNA SAY, UH, PLEASE TAKE THE ROLE OF A B A R.
THIS TOWN IS APPROVING SOMETHING THAT COULD BE A VERY UGLY HOUSE.
AND I'M SORRY, I HAVE TO USE THIS WORD ON THIS STREET, AND THERE'S NOTHING WE CAN DO TO STOP IT AFTER THIS APPROVAL.
SO I'M VERY STRONGLY E EITHER WE DO ALL THE STUDIES, BRING IN THE TOWN BUILDING DEPARTMENT, THE ENGINEERING DEPARTMENT, THIS STUDY, THE SEWER LINE.
I HOPE, I MEAN, I'M SURE THE DEVELOPER HAS THE RESOURCES TO SNAKE THIS SEWER LINE.
THE LAST TIME WE SAW THE SEWER LINE HAS THREE MANHOLES AND ONE MANHOLE IS HIDDEN.
THEY COULDN'T FIND THE MANHOLE.
THESE ARE ABOUT FOUR FEET WIDE MANHOLES, AND ONE MANHOLE IS LOST ON THIS LOT.
I MEAN, CAN YOU IMAGINE, IF YOU DON'T EVEN KNOW WHERE THE MANHOLES ARE, HOW WOULD WE CONSTRUCT A HOUSE HERE WITHOUT KNOWING WHERE THE SEWER LINES ARE? AND NOBODY HAS NICKED THE SEWER LINE TO FIND OUT THE MANHOLE.
SO WITH THIS STATE HERE, I, I AM VERY CONCERNED, AND I LIVE RIGHT NEXT DOOR.
I'M OUT ON THE OTHER SIDE OF THE EASEMENT.
IF THIS STARTS LEAKING, THERE'S A BROOK ON THE OTHER SIDE.
TROUBLESOME BROOK, IT ALWAYS FLOODS EVERY YEAR.
I MEAN, WE ARE TALKING SEWER MIXING WITH TROUBLESOME BROOK AND THE TOWN TAKING THREE MONTHS WITH NO END IN SIGHT ON MOUNT JOY.
WHAT'S GONNA HAPPEN HERE? HOW ARE YOU EVEN GONNA FIX IT WITH A NEW FOUNDATION NEXT TO IT? SO, SO THOSE ARE MY CONCERNS.
UM, I KNOW YOU GUYS HAVE A VERY PACKED AGENDA HERE.
UM, THERE'S ONE OTHER THING I WANNA SAY.
UM, I WATCHED THE VIDEOS OF THE PLANNING BOARD, UM, WHEN THEY APPROVED THIS, AND I BROUGHT THIS UP BEFORE, UH, THEY PROBABLY KNOW ABOUT THE SEWER EASEMENT, BUT THERE WAS NO DISCUSSION ABOUT IT.
THEY DID NOT KNOW HOW SE THIS WAS.
UH, TOWARDS THE END OF THAT VIDEO, I NOTICED, NOTICED THEY SAID THERE WAS DISCUSSION OF WHO THE LEAD AGENCY IS.
THERE WAS NO DETERMINATION MADE.
I DON'T KNOW IF IT'S WRITING, UH, I'M NOT SURE IF THEY ARE THE LEAD AGENCY.
THEY WERE GOING BACK AND FORTH.
SO IF THE Z B A BELIEVES THAT THEY CAN STILL BE THE LEAD AGENCY, I WOULD HOPE THAT, UM, YOU ARE THE FINAL, UM, YOU KNOW, GATEKEEPER HERE.
AND PLEASE BECOME THE LEAD AGENCY IF THAT OPTION IS STILL OPEN.
[00:45:03]
OKAY, THAT'S ALL IN MY NOTES.I THINK ADAM GOODBAR HAS COVERED ALL THE OTHER POINTS, SO I WON'T REPEAT THAT.
UH, WELL WITH THAT, UH, PLEASE LOOK AFTER CLARAN AND ROAD.
UM, YOU KNOW, THE, THE, I I'M JUST GONNA LEAVE WHERE THE PROPERTY VALUES OF THE STREET ARE IN YOUR HANDS.
UM, I JUST WANT TO, UH, CLEAN UP A COUPLE POINTS AND THEN I'M GONNA INTRODUCE MR. ESCAL WHO CAN, UH, ADDRESS THE ENGINEERING, UH, ISSUES THAT HAVE BEEN BROUGHT UP.
UM, SO FIRST OF ALL, UH, I TAKE EXCEPTION TO ANY TESTIMONY AS TO THE APPLICANT'S STATE OF MIND, WHAT THE APPLICANT'S INTENT WAS.
UH, IT'S INAPPROPRIATE AND IN FACT IT'S A LITTLE, IT'S IT'S INSULTING AND IT, AND IT'S, IT'S DEGRADING TO THIS PROCEEDING.
SO, YOU KNOW, ANY, ANY OF THESE COMMENTS THAT HAVE BEEN MADE ABOUT WHAT THE APPLICANT SOUGHT TO GET FROM THE BOARD AND WHAT HIS INTENT WAS, UM, I THINK THOSE SHOULD NOT BE CONSIDERED.
IT'S INAPPROPRIATE FOR THIS PROCEEDING AND, AND IS NOT PART OF WHAT THE ZBA A'S PURPOSE IS.
THE ZBA A'S PURPOSE IS TO WEIGH THE HEALTH AND SAFETY, UH, OF THE, OF THE COMMUNITY VERSUS THE, UH, THE BENEFIT TO THE, UM, TO THE APPLICANT.
AND I DIDN'T SAY THAT THERE WAS NO ADVERSE IMPACT TO THE ENVIRONMENT.
THE TOWN PLANNING BOARD DID TWICE.
AND IN FACT, THE TOWN PLANNING BOARD ADOPTED ITSELF AS THE LEAD AGENCY FOR SECRET AT ITS MARCH 24TH, 2022 MEETING.
SO THAT, THAT IS NOT AN ISSUE.
SECOND, THE I THE ARGUMENT ABOUT THE DEED ITSELF, UM, AND THE FACT THAT, UM, IT CREATED, UH, THE IMPLICIT VARIANCES THAT WAS BROUGHT UP TO THE TOWN ATTORNEY ON OCTOBER 29TH, 2021.
UH, THERE WAS NEVER A RESPONSE TO THAT, UH, TO THAT, UM, LETTER THAT WAS SENT BY THE APPLICANT.
AND SO THE APPLICANT PROCEEDED ON AN ALTERNATIVE ALTERNATIVE COURSE.
UH, THE DEEDED IS A BILLABLE LOT.
IT SAYS SPECIFICALLY THAT, UM, NO PRIVATE DWELLING SHALL BE ERECTED ON THE PREMISES HEREIN CONVEYED, CONTAINING LESS THAN 24,000 CUBIC FEET, NOR COSTING LESS THAN 20 $12,000.
THE ONLY THING CONTEMPLATED FOR THIS LOT WAS THE BUILDING OF A SINGLE FAMILY RESIDENCE.
SPECIFIC TO THESE, UM, THESE REQUIREMENTS FOR WHAT THE HOUSE WILL LOOK LIKE, I'VE SHOWN THE, THE BOARD PICTURES OF WHAT THIS HOUSE WILL LOOK LIKE, WHAT THE RENDERINGS LOOK LIKE.
I'M NOT GONNA WASTE ANY MORE TIME AND BRING THEM UP.
BUT NOW I NEED TO INTRODUCE, UH, EMILIO ESCAL, THE PROJECT ENGINEER TO ADDRESS, UM, THE ISSUE OF THE SEWER EASEMENT AND THE RETAINING WALL AS WELL.
ESCAL, ESCALADAS ASSOCIATES, ENGINEERS, AND ARCHITECTS.
YOU KNOW, IF I WAS TO COUNT THE NUMBER OF TIMES THAT THE WORD SEWER WAS MENTIONED, IT WAS PROBABLY IN THE SIXTIES.
THERE'S A REASON WHY THIS IS BEING USED.
THERE'S A PSYCHOLOGICAL FEAR REASON THAT THEY'RE TRYING TO PUMP INTO THE PROCEEDINGS.
UM, I'M NOT GOING TO MENTION THE WORD SEWER ONLY ONCE.
UH, FIRST OF ALL, THE EASEMENT THAT IS ON THIS LOT EXISTS EVERYWHERE IN THE TOWN OF GREENBURG.
I BUILT MANY HOUSES NEAR EASEMENTS OF SEWERS.
SECOND OF ALL, THAT TALL GENTLEMAN THAT JUST SAID ALL THESE THINGS BUILT A HOUSE THAT IF I WAS TO MEASURE IT ACCORDING TO THE HEIGHT STANDARDS OF THE TOWN, I THINK IT WOULD EXCEED THE HEIGHT LIMITATIONS.
I'M NOT ACCUSING, BUT I'M, I'M, I'M JUST WARNING THE BUILDING DEPARTMENT.
I THINK THEY SHOULD LOOK AT THIS VERY CAREFULLY.
NUMBER TWO, THEY SPENT TWO MONTHS EXCAVATING AND DIGGING AND DRILLING AND POUNDING THE ROCK, WHICH IS 10 FEET AWAY FROM THE SEWER.
I'M NOW WORRIED, AND I'M GOING TO SEND A TV CAMERA THROUGH THAT SEWER TO MAKE SURE THAT HE DID NOT BREAK THE SEWER JUST FOLLOWING HIS ADVICE.
NUMBER FOUR, NO ONE KNOWS WHAT MY DESIGN FOR THIS HOUSE IS.
I'VE GIVEN EVERYBODY THE FOOTPRINT, BUT NOBODY KNOWS.
THESE PEOPLE DON'T KNOW THEY'RE NOT ENGINEERS.
THEY DON'T KNOW WHAT I'M GOING TO DESIGN THERE.
AND THE DISTANCE FROM THE FOOTING TO THE CENTER OF THAT ME OF THAT, UH, EASEMENT IS NOT FIVE FEET.
AND IT WAS REPEATED BY THE ATTORNEY 17 TIMES.
WHO KNOWS WHERE THE SEWER IS? IT COULD BE IN THE MIDDLE.
IF THE BOARD GIVES ME THE PERMISSION TO BUILD THIS HOUSE, LIKE ANY OTHER HOUSE HAS BEEN BUILT IN THE AREA, UM, IT MEETS IT, IT WILL MEET ALL THE ZONING REQUIREMENTS EXCEPT FOR THE VARIANCES THAT WE'RE ASKING FOR.
WE'RE NOT GETTING ANY CLOSER TO ANY OF OUR NEIGHBORS.
WE'RE NOT GOING TO BE IMPACTING THEM IN ANY NEGATIVE WAY.
IN FACT, IT IS AN INTELLECTUAL SET OF VARIANCES THAT WE'RE ASKING.
IT IS A VARIANCE THAT IS CREATED BECAUSE THERE'S A DISCUSSION ABOUT THE LEGALITY OF THE DEED.
HE SAYS, YEAH, THE DEED WAS WRITTEN IN PERFECT KNOWLEDGE THAT THE, UH, THAT THESE EASEMENT, THE EASEMENT WAS THERE AND THAT THESE VARIANCES WERE NECESSARY ACCORDING TO THE CHANGE OF ZONING.
AND THEY STILL WROTE, UH, THE, THE, UH, THE DEEDED THAT
[00:50:01]
WAY.AND THEY STILL SOLD IT AND THEY STILL BENEFITED FROM THE SEWER.
SO THAT ARGUMENT, I THINK LEGAL ARGUMENT TO ME, IT, IT HAS NO MERIT.
UH, THE, THE OTHER, UH, DIFFICULTY, WHICH IS THE, TO SCARE EVERYONE BY SAYING, THE ENGINEER HAS SAID THAT IT SHOULDN'T BE DONE.
THERE'S SO MANY THINGS THAT ENGINEERS SAY UP FOR MONEY.
HOWEVER, I AM STAMPING THE PLANS FOR THIS HOUSE.
I'M TELLING YOU, I'VE BEEN DOING THIS FOR 40 YEARS.
I BUILT THE CHURCH IN, IN, IN, UH, IN THIS TOWN IN THE MIDDLE OF GARBAGE.
AND ONLY BECAUSE GOD WAS ON OUR SIDE WHEN WE, WHEN WE DUG IT MINUS 12 FEET THERE, IT WAS THE GARBAGE WAS GONE AND THE GOOD SOIL WAS THERE AS THE, AS THE EXCAVATIONS THAT I HAD MADE PREDICTED.
SO THERE'S A LOT OF THINGS THAT CAN BE SAID, BUT THEY ARE NOT TRUE.
AND PUT FEAR INTO THIS ARGUMENT AND THIS DISCUSSION THAT YOU WILL HAVE IN PRIVATE.
THE SEWER WILL BE AT SEVEN, AT 12, AT 15 FEET.
IT ALL DEPENDS WHERE I PUT MY FOOTING.
I COULD PUT THE FOOTING AND CANTILEVER THE ENTIRE FLOOR OF THE HOUSE.
I DON'T HAVE TO DEMAND THAT YOU UNDERSTAND THAT.
BUT I CAN, I CAN YOU TELL ME A NUMBER AND I CAN PUT THE FOOTING AT THAT NUMBER AND STILL BUILD A HOUSE.
AND YES, THEY'RE NOT ENGINEERS.
I AM, I CAN DO THAT, BUT I WON'T BECAUSE IT'S NOT NECESSARY.
WE'RE NOT DIGGING AND, AND WE'RE NOT EXCAVATING A FULL BASEMENT.
AND HE, HE VIOLATED ALL KINDS OF THINGS.
I'M SURE THE WATER IN THE BACK IS NOT GOING IN THE RIGHT DIRECTION.
IT WAS PIPED IN THE WRONG GROUND.
I HAVE PHOTOGRAPHS OF OG THIS, BUT I'M NOT GONNA SAY ANYTHING ABOUT THAT.
I'M NOT GONNA SAY ANYTHING NEGATIVE.
'CAUSE HE HAS THE RIGHT TO BUILD HIS HOUSE AND ENJOY HIS LOT.
LIKE MY CLIENT HAS THE RIGHT TO ENJOY HIS LOT.
NOW AGAIN, I WANT TO ELIMINATE THE FACT OF FEAR.
I'M AMP THE DRAWINGS, I'M STANDING BEHIND IT A HUNDRED PERCENT.
HAVE TO IDENTIFY YOURSELF AGAIN FOR ADAM GOOD FARM 60 CLARENDON ROAD IN MONS.
LADIES AND GENTLEMEN, WHAT MR. ESCALADES IS SAYING IS THAT YOU SHOULD APPROVE A VARIANCE BASED ON GUNNER.
I'M GONNA DO THIS, I'M GONNA DO THAT.
YOU APPROVE OR DENY BASED ON WHAT THE REALITY IS.
THE REALITY IS THAT HE HASN'T GIVEN YOU ANYTHING.
AND THAT ALONE MANDATES DENIAL.
BUT I WANNA SAY ONE OTHER THING.
THE STATEMENT THAT THE NEIGHBORS ARE TRYING TO CREATE FEAR WRONG.
NOBODY THAT I KNOW IS AGAINST BUILDING HOUSES.
THE PROBLEM IS, AS I SAID EARLIER, YOU DON'T BUILD A HOUSE ON LAND THAT IS NOT APPROPRIATE.
AND THIS SEWER EASEMENT IS NOT GONNA HAVE ANY ROOM A FEW FEET BETWEEN THIS SEWER EASEMENT AND THAT HOUSE.
AND THIS IS OLD INFRASTRUCTURE AS THE TOWN OF GREENBURG WOULD SAY.
AND IF ANYTHING HAPPENS, THE ENTIRE STREET IS GONNA BE SEVERELY DAMAGED, IF NOT DECIMATED.
AND FOR MR. ESCALADES TO SAY THAT HE'S NOT GONNA DO ANYTHING, WHO KNOWS WHAT HE IS GONNA DO? WE ARE HERE TODAY ON MARCH 16TH, 2023, AND WE DON'T KNOW WHAT HE'S GONNA DO.
AND THAT ALONE MANDATES DENIAL.
ALL RIGHT, WE'RE GONNA HAVE TO MOVE ON TO OUR NEXT CASE.
WE HAVE OTHER MATTERS THAT WE MUST ADDRESS.
UH, WHAT TIME IS IT? EIGHT 12.
UM, AGAIN, MY NAME IS TORAN GUPTA.
UH, I KNOW MR. ESCAL HASS TALKED ABOUT THE HOUSE THAT WE ARE BUILDING AND WE ARE BUILDING A NEW HOUSE.
UH, IT, IT WAS DESIGNED BUILT BY, UM, MR. ESCALADE'S FRIEND.
UM, SIR, THAT, THAT REALLY HAS NOTHING TO DO WITH THIS PROCEEDING.
BUT SO I MEAN, THERE'S MENTION THAT WE WERE POUNDING AND DIGGING 10 FEET AWAY.
SO THE CLOSEST THAT OUR FOUNDATION IS TO THE SEWER LINE IS ABOUT 40 FEET.
I'M SURPRISED HOW, UM, MR. ESCAL THOUGHT IT'S 10 FEET AWAY.
SIR, SIR, BOTH OF BOTH OF YOU.
THIS IS NOT THE ARENA FOR THIS.
WE ARE TRYING TO DEAL WITH WHAT IS BEFORE US, NOT WITH WHAT HE'S RAISED AGAINST YOU THAT I DON'T CONSIDER TO HAVE ANYTHING TO DO WITH HELPING US MAKE A DECISION HERE.
OKAY? WELL, AND NEITHER WHAT YOU'RE TRYING TO ACCOMPLISH NOW, ARE YOU? UM, OKAY.
AND THE NEXT CASE WE HAVE ON TONIGHT'S AGENDA, PAGE 2238 S AND J SERVICE CENTER.
[00:55:01]
UH, MR. ANI IS ON THE ZOOM.MR. ANI, IF YOU PLEASE UNMUTE.
THIS IS JONATHAN ANI WITH THE NUNZIATA MAL DESIGN CONSULTANTS.
APOLOGIZE FOR NOT BEING THERE TONIGHT.
UH, UH, I REPRESENT THE, UH, MY CLIENT AT SS AND J SERVICES, UH, TO, UH, FOR VARIANCE FOR A CANOPY LOCATED OVER THE EXISTING FUEL PUMPS FOR HIGH VARIANCE AS WELL AS A SETBACK VARIANCE.
SEE, MR. ANI, DID YOU WANT TO, UH, SO THIS IS THE SECOND TIME THIS APPLICATION.
UM, THE FIRST TIME THE BOARD HEARD THE APPLICATION, UH, IT HAD ASKED FOR A SAMPLE RENDERING TO GET AN UNDERSTANDING OF THE, THE STYLE THAT WOULD WAS SOUGHT TO BE ACHIEVED AT THE SITE.
SO MR. A ANI, UM, SUBMITTED A, A SAMPLE, UM, RENDERING, WHICH I HAVE ON THE SCREEN NOW, MR. ANI.
SO OBVIOUSLY FOR THE ZONING BOARD, WE'RE, WE'RE REQUESTING A VARIANCE FOR THE HEIGHT AND THE, UM, SETBACK.
THAT'S, THIS IS A RENDERING OF THE PROPOSED CANOPY, OBVIOUSLY.
UM, WE WOULD GO AND ABIDE BY THE TWO SIGN REQUIREMENT ON THE CANOPY.
COULD YOU TRY TO SPEAK A LITTLE CLEARER? I FEAR THAT THE, THAT THE, UH, I'LL SPEAK LOUD.
CAN YOU HEAR ME BETTER NOW? IT, I'M, I'M CONCERNED ABOUT THE RECORD BEING MADE.
I THERE WAS SOME MUDDLING THAT'S BETTER WHAT YOU SOUND LIKE NOW.
UH, I'LL JUST TRY TO SPEAK LOUDER AND CLEARER.
SO THIS IS, WE'RE WE'RE REQUESTING A VARIANCE FOR THE CANOPY HEIGHT AS WELL AS THE SETBACK OFF OF THE, THE PROPERTY LINE.
THIS IS A RENDERING OF THE CANOPY.
OBVIOUSLY WE WOULD FILE A SEPARATE APPLICATION FOR TWO SIGNS ON THE CANOPY.
UM, UH, THAT WOULD BE THE, THE MONUMENT SIGN IS A SEPARATE, THAT'S JUST, UH, IN THE PICTURE.
UM, 'CAUSE THIS IS A GENERIC RENDERING.
UM, BUT THESE ARE THE COLORS THAT ARE REPRESENTED.
AND ACTUALLY THE SIGNS THAT REPRESENTED ON THE CANOPY WE'RE HAVING A HARD TIME HERE.
DID HE SAY THAT A SIGN WAS GONNA COME IN A SEPARATE APPLICATION FOR THE CANOPY? I GUESS HE, HE INDICATED THAT THE, THE, THE, THIS IS A SAMPLE RENDERING AND THAT THE LOGOS WOULD ULTIMATELY BE CUSTOMIZED TO WHATEVER'S GONNA COME IN.
AND THAT WILL BE PART OF A SEPARATE APPLICATION.
THAT, THAT WILL BE CONFORMING NOT THREE SIGNS, BUT TWO.
AND JUST TO BE CLEAR, CORRECT.
JUST TO BE CLEAR, THE PYLON SIGN IN THE FRONT IS, IS ACTUALLY NOT PROPOSED.
SO WHY ARE WE LOOKING AT, THAT'S A GENERIC, THAT'S A GENERIC RENDERING TO, TO REPRESENT THE COLORS AND THE ACTUAL SYMBOL THAT ARE BE ON THE CANOPY.
BUT THE, THE, THEY'LL ALL BE COMPLIANT WITH ALL ZONING REGULATIONS AS FAR AS SIZE ARE CONCERNED WHEN I APPLY FOR THE APPLICATION OR THE SIGNS.
DO YOU HAVE ANYTHING ELSE TO ADD AT THIS TIME? NO, WE WERE, I MEAN, UH, AS I SAID EARLIER, UM, WE JUST, UH, WE ARE TRYING TO, TO, UH, ACQUIRE THIS CANOPY DUE TO THE, YOU KNOW, THE HEIGHT, THE HEIGHT VARIANCE IS A RESULT OF THE FACT THAT WE HAVE TO MAKE CLEARANCE ON THE UNDERSIDE OF THE CANOPY FOR FUELING TRUCKS.
SO THAT'S WHAT'S DICTATING THE HEIGHT VARIANCE.
THE LOCATION IS DICTATING THE VARIANCE OF THE SETBACK OF THE PROPERTY LINE.
UM, AND, UH, ANY OTHER, ANY OTHER REQUIREMENTS WILL BE COMPLIANT WITH, WITH, WITH, UM, SIGNS, WITH THE SIZES OF THE SIGN, ET CETERA.
ANY QUESTIONS FROM THE BOARD? NO.
JUST FOR THE RECORD, UH, DIANE OBERLY, UH, RECUSED HERSELF FROM THIS APPLICATION, THEREFORE SHE STEPPED OUTSIDE.
[01:00:02]
YES.ON THE NEXT CASE ON TONIGHT'S AGENDA IS 2241 BJ'S.
I AM FROM SIGN STAR AND WE ARE THE ONES, THE APPLICANT AND THE INSTALLER.
CAN I HAVE YOUR FULL NAME PLEASE? GINA STERLING, S T I R L I N G.
SO, UM, THIS IS OUR THIRD TIME BEFORE THE BOARD.
UM, THE LAST TIME WE WERE HERE, THE BOARD HAD ASKED US TO MAKE SOME REVISIONS TO THE SIZE OF, UM, THE SIGNS AND TO GIVE YOU GUYS SOME OPTIONS.
SO WE PRESENTED THREE DIFFERENT OPTIONS FROM THE LAST ONE.
UM, THE ORIGINAL ONE THAT WE HAD PRESENTED TO THE BOARD WAS, UM, 13 FOOT SIX STACKED.
AND OUR LAST MEETING WE HAD LOWERED IT TO 12 FOOT THREE.
UM, YOU GUYS HAD, DI THEN ASKED US TO GIVE YOU GUYS A COUPLE MORE OPTIONS.
WE SUBMITTED A 10%, UM, A 15% AND A 20% FOR YOUR VIEWING.
HE'S THE REPRESENTATIVE FROM BJ'S.
AND DO YOU WANT YEAH, LET ME SPEAK, LET SPEAK, SAY A COUPLE THINGS.
SO, SO MY NAME IS PATRICK NABA.
I'M THE DIRECTOR OF REAL ESTATE WITH BJ'S.
I WAS RESPONSIBLE FOR THE PROJECT THAT'S OUT THERE NOW.
SO I'VE WORKED WITH YOUR ENTIRE STAFF AND IT'S BEEN GREAT.
I HOPE YOU GUYS HAVE ALL ENJOYED THE CLUB AT SOME POINT, WHETHER YOU'RE BUYING SOME, WHATEVER YOU NEED TO GET, WE'RE, WE'RE VERY EXCITED ABOUT IT.
WE'RE HERE TONIGHT TO PROPOSE SOME SIGNAGE AND I KNOW WE'VE BEEN BACK AND FORTH WITH YOU AND YOUR STAFF AND YOUR PROFESSIONALS.
WE SEEK TO STRIKE A BALANCE IN TERMS OF OUR SIGNAGE AND OUR PRESENTATION HERE.
MANY OTHER RETAILERS IN THE SHOPPING CENTER HAVE SIGNAGE THAT IS VISIBLE FROM TERRYTOWN ROAD.
HYDRO DROVE PAST IT TODAY MULTIPLE TIMES.
WE SEEK TO HAVE PARODY WITH THEM.
WE DON'T WANT TO HAVE SIGN POLLUTION.
WE'RE NOT LOOKING FOR SOMETHING CRAZY.
WE JUST WANT OUR SIGN ON OUR MAIN ENTRYWAY FOR THE LARGEST BUILDING IN THE SHOPPING CENTER TO BE VISIBLE FROM TERRYTOWN ROAD IN A THOUGHTFUL AND PRACTICAL WAY.
UM, OUR SUBMITTAL, AS MY COLLEAGUE HERE NOTED, GAVE YOU THREE OPTIONS.
I WOULD ENCOURAGE YOU TO LOOK AT THE LARGER TWO OPTIONS AS WE BELIEVE THEY FIT BETTER WITHIN THE BUILDING.
THE BUILDING IS A HUNDRED THOUSAND SQUARE FEET.
THERE ARE MANY BUILDINGS IN THE SHOPPING CENTER THAT HAVE LARGER, EXCUSE ME, AS LARGE A SIGN THAT ARE SMALLER IN SQUARE FOOTAGE.
WE SEEK TO HAVE GOOD PROPORTION WITH THEM.
WE SEEK TO SHOW THE PUBLIC, THE MOTORING PUBLIC THAT IS DRIVING BY, THAT WE'RE THERE.
WE WANT TO BE SUCCESSFUL IN YOUR COMMUNITY.
WE WANT TO BE A PART OF YOUR COMMUNITY.
SO WITH THAT, IF YOU HAVE ANY QUESTIONS OF ME, OF THE SIGN OF OUR OPERATION, I'M HAPPY TO ANSWER THEM AND I THANK YOU FOR YOUR TIME.
WELL, AS I HEAR YOU, YOU'RE SUGGESTING THAT IT'S A QUESTION OF YOUR STORE BEING SO MUCH LARGER THAN OTHERS, THAT IT DESERVES TO HAVE SOMETHING SLIGHTLY LARGER THAN WHAT SOME OF THE OTHER STORES HAVE.
WE CERTAINLY WANT TO CONVEY THAT WE HAVE OUR FULL SIZE STORE AT THIS LOCATION, UH, MADAM CHAIR.
SO IT IS IMPORTANT TO HAVE SIGNAGE THAT REPRESENTS THAT.
IF WE HAD A, A VERY SMALL SIGN, IT MIGHT CONVEY TO A POTENTIAL MEMBER CUSTOMER OR EVEN SOMEONE COMING BY THAT.
WELL, THAT'S NOT REALLY A FULL-SIZE BJ'S WHEN IN FACT, THAT'S WHAT WE'VE PROVIDED HERE FOR THE TOWN OF GREENBURG.
SO AGAIN, WE'RE NOT SEEKING TO HAVE THE ENTIRE WALL PLASTERED WITH SIGNAGE, AND WE'VE, WE'VE MADE A REDUCTION.
BUT I WOULD ASK YOUR CONSIDERATION THAT YOU, UH, GRANT US THE VARIANCE FOR THE, THE LARGER OPTION THAT WAS PRESENTED, UM, IN CONSIDERATION OF THE OTHER SIGNAGE THAT'S PRESENT IN THE SHOPPING CENTER AS WELL AS OUR, OUR, OUR PRESENCE THERE.
WE'RE, WE'RE TRYING TO, TO SHOW PEOPLE WHO WE ARE AND WHAT WE ARE, AND BEING ABLE TO SEE THE
[01:05:01]
SIGN FROM TERRYTOWN ROAD IS, IS A LOGICAL EXTENSION OF THAT.ANY OTHER QUESTIONS FROM THE BOARD? YES.
UM, ON THE SUBMISSION THAT I RECEIVED, THERE WERE FOUR OPTIONS, NOT THREE, WITH THE LARGEST ONE THAT YOU'RE SHOWING.
I'LL JUST GIVE ONE DIMENSION IS 32 FEET WIDE AND THE SMALLEST BEING 25 7.
SO THE, THE FIRST, AND YOU MENTIONED ONLY THREE OPTIONS.
YEAH, THAT'S NOT WHAT WAS SUBMITTED.
THE FIRST ONE IN THE PACKAGE WAS THE, UM, THE REVISED ONE THAT WE, WE BROUGHT TO THE BOARD THE LAST MEETING.
SO THAT WAS JUST, UM, ATTACHED TO THE PACKAGE AS WELL.
SO THAT WAS THE REVISION, AND THEN THE OTHER THREE WERE THE REDUCTIONS, 10, 15, AND 20 20%.
WE DON'T HAVE THOSE 10, 15, AND 20%.
SO IF YOU COULD JUST MAKE CLEAR WHICH OF THE ONES ARE REVISION.
ARE YOU SAYING THAT THE ONE THAT IS 32 FEET WIDE WAS THE ONE THAT WAS PRESENTED LAST TIME AND THE THREE BEHIND THAT ARE THE NEW ONES? UM, SO PAGE THREE, UM, GARRETT, THEY'RE NOT NUMBERED.
YEAH, THEY'RE DOWN AT THE BOTTOM.
THEY'RE, YOU'RE AT THE BOTTOM RIGHT HAND SIDE.
SO PAGE THREE, AND THEN UP AT THE TOP YOU'LL SEE A BLACK BORDER ACROSS THE TOP AT THE VERY, VERY FAR LEFT SIDE, IT'S TINY.
THAT'S WHERE THE STAPLE IS, THAT'S WHY, I'M SORRY.
YEAH, IT'S VERY TINY, BUT THERE'S A 10% OF 15 AND A 20 NOW.
IT TOOK ME A WHILE TO FIND IT TOO.
MOST OBVIOUS NUMBER I COULD FIND THANK.
AND THIS IS A SIX FOOT, HOW LARGE IS THE EXISTING SIGN THAT'S THERE NOW, HEIGHT-WISE? UM, THAT'S, THAT'S A CODE COMPLIANCE SIGN THAT'S A SIX FOOT CABINET.
SO, UM, I JUST WANTED TO MAKE SURE THAT I, UM, STATE THAT WHEN YOU GO BY THE, UM, THE SENSOR, YOU HAVE NO PROBLEM IN SEEING THE WORD BJ'S.
UM, SO I THINK WE WANNA MAKE IT CLEAR THAT IT'S NOT THAT IT'S THE BJ ITSELF THAT YOU WANT TO HAVE EVIDENT, BUT THE ENTIRE SIGN, WHICH IS A STACKED SIGN SAYING BJ'S WHOLESALE CLUB.
AND THAT'S WHAT'S CAUSING THE, UM, THE CONCERN.
UM, I, I APPRECIATE THE DIFFERENT, THE THREE DIFFERENT, UM, OPTIONS BECAUSE THAT WAS WHAT I WAS HAVING A PROBLEM VISUALIZING LAST MONTH, WHICH WAS WHAT WOULD A SLIGHTLY SMALLER AND A SLIGHTLY SMALLER AND A SLIGHTLY SMALLER VERSION LOOK LIKE ON THAT WHITE BACKDROP.
UM, IT, IT MADE IT CLEAR TO ME WHICH ONE I WOULD GO FOR.
AND, UM, I, I APPRECIATE AGAIN THAT, UH, YOU WERE ABLE TO ACCOMPLISH THAT FOR US.
OF COURSE, I ALSO WANT TO SAY THAT, UM, THE SIGN, THE SIZE OF THE SIGN HAS NOTHING TO DO WITH THE SQUARE FOOTAGE OF THE PROPERTY.
I THINK WHAT, UM, PATRICK WAS TRYING TO SAY IS THAT SOMETIMES THE CLIENT, THE DRIVER, THE PASSERBYS MIGHT THINK THAT IT'S NOT A FULL SIZE CLUB 'CAUSE IT'S JUST A SMALLER SIGN.
SO THEY MIGHT SAY, OH, THAT'S WHAT, IS THAT LIKE A, YOU KNOW, A, A MOCKUP OF BJ'S OR JUST A SMALLER, YOU KNOW, AND THEY'RE NOT GONNA HAVE EVERYTHING THAT THE NORMAL BJ'S WOULD'VE AND THEN JUST CONTINUE ITS PASS TOWARDS COSTCO OR SOMETHING.
YOU KNOW,
YES, THERE IS, THERE'S A, A NEW MARKET, THIS IS A SHAMELESS PLUG.
WE HAVE A, A NEW MARKET
UH, IT'S CALLED BJ'S FRESH MARKET.
AND IT IS SMALLER AND IT IS A, UH, A SMALLER FOOTPRINT WHERE WE TOOK OVER AN OLD TOYS US.
AND IF YOU'RE EVER IN WARWICK ISLAND, SIR, WE'D HOPE YOU'D COME VISIT IT.
WELL, RHODE ISLAND IS SMALLER
[01:10:01]
AS BJ'S WHOLESALE CLUB.IT'S LISTED AS BJ'S FRESH MARKET.
IT IS BJ'S WHOLESALE CLUB, MA'AM, BUT IT IS, UH, THE SIGN OUT FRONT IS CALLED BJ'S MARKET.
THAT IS WHAT WE ARE BRANDING OUR SMALLER CONCEPT, SORRY FOR OKAY.
SO IT WOULD NOT HAVE THE SAME SIGNS THAT THIS HAS.
IT, IT DOES NOT HAVE THE SAME SIGNS AS THIS.
I DIDN'T REALIZE I DIDN'T HAVE THIS ON THE SCREEN BEFORE.
I'M LOOKING AT IT THE WHOLE TIME.
AND
IF, IF YOU LOOK AT IT WASN'T, THERE'S, THERE'S 36, PLEASE DON'T QUOTE ME ON THAT.
BJS ALSO CLUBS IN, IN NEW YORK STATE, THEY ALL HAVE OUR BRANDING.
WE, WE TRY TO HAVE IT BE VERY SIMILAR SO THAT WHEN SOMEONE LOOKS AT IT, THEY'RE NOT LIKE, WELL, WHAT'S THAT? THEY WANT, WE WANT THEM TO KNOW IT'S BJ'S.
WE WANT THEM TO KNOW WHO WE ARE AND WHAT WE REPRESENT.
SO MY MY HOPE IS THAT WE CAN FIND SOME COMMON GROUND WITH YOU HERE TONIGHT.
JUST A SIDEBAR QUESTION FOR MYSELF.
JUST IFICATION THE EXISTING SIGN COUPLED WITH A TWO FOOT STACK SIGN, WOULD THAT BE WORKABLE? UM, WHAT DO YOU, A SIX FOOT CABINET WITH THE LEAVE, THE EXISTING SIGN THAT'S THERE AND THEN YOU'RE ADDING, IF YOU WERE TO ADD A WHOLESALE CLUB BENEATH IT IN THAT SAME DIMENSION THAT YOU'VE ALREADY PROVIDED 20%.
SO WHAT THAT WOULD BE EVEN LESS THAN THE 20%.
WHAT THAT WOULD DO IS IS WE, WE HAVE AN EXISTING BACKGROUND THAT WE'RE WORKING WITH MM-HMM.
NOW THAT FACADE HAD TO REMAIN AS PART OF THAT PERMITTING PROCESS.
AND THE WHITE SPACE THAT'S, IS FROM THAT PERMITTING PROCESS AS WELL.
THAT'S WHAT WE HAVE TO WORK WITH.
SO WE'RE TRYING TO FIT OUR SIGN AND MAKE IT PROPORTIONALLY PLEASING.
THANK YOU PLEASING
IF WE MAKE IT TOO SMALL, IT JUST DOESN'T FEEL RIGHT.
YOU GUYS MIGHT HAVE YOUR OPINION TOO, AND I GET THAT WE'RE TRYING TO MAKE IT FIT THE SPACE.
SO IT LOOKS LIKE, IT LOOKS LIKE WE'RE AN ANCHOR TENANT.
IT DOESN'T OVERBEAR THE ENTIRE FRONT FACADE.
THAT'S WHAT I'M TRYING TO SAY.
I HOPE THAT CONVEYS THE MESSAGE WELL, THAT'S WHAT I WAS QUESTIONING.
SO BASICALLY IN YOUR LAST TWO RENDITIONS, 15% AND 20% REDUCTION, THE ACTUAL BJS ITSELF WOULD BE SMALLER THAN WHAT'S EXISTING? WELL, THE OVERALL HEIGHT WITH THE CHECK ON THE 20% IS SIX FOOT FIVE.
THAT INCLUDES THAT LITTLE CHECK AT THE TOP OF IT.
UM, THE CABINET WITHOUT THAT CHECK IS, UH, I BELIEVE IT.
YOU SURE IT'S FIVE FOOT SEVEN.
OKAY, I SEE WHAT YOU'RE SAYING.
WHAT DO YOU MEAN BY THE WORD CABINET? THE, THE BJ'S CABINET.
THAT'S A TOP, THE, THE SQUARE RED BOX ABOVE THE WHOLESALE CLUB.
SO YOU'RE SAYING HALF OF THE SIDE, PART OF THE TWO THIRDS OF THE SIDE.
THE BOX THAT HAS THE WORD LETTERS.
AND WHAT'S EXISTING IS SIX FOOT? YES, SIR.
BY WHAT THE EIGHT, SEVEN OR SMALLER? UM, I BELIEVE IT'S ACTUALLY, THAT'S A GOOD QUESTION.
DO YOU HAVE THAT? I DO NOT HAVE THAT.
IS TER, IS TERRY ON, ON? WHAT'S THE QUESTION? IS TERRY ON? HI THERE, TERRY.
TERRY, DO YOU KNOW WHAT THE SIZE OF THE CURRENT CABINET IS? UH, YES.
I ALSO REPRESENT, UH, REPRESENT BJ'S WHOLESALE CLUB AS THE SIGNAGE VENDOR.
THE EXISTING, UH, CABINET WITH BJ'S IS SIX FOOT FOUR TALL.
NOW THAT DOES NOT GO ALL THE WAY TO CHECK MARK.
UM, WHICH IS THE SAME AS THE 10% REDUCTION FROM THE STANDARD IMAGE.
SO PAGE, UM, THREE OF SEVEN WOULD BE WHAT'S EXISTING ON THE BUILDING.
WITHOUT THE WHOLESALE CABINET.
DOES THAT ANSWER YOUR QUESTION? THE WHOLESALE CABINET IS TWO FOOT SEVEN.
THANK I I MUST SAY THAT IF FIRST SUBMISSION, SUBMISSION OF THE FRONT ELEVATION AS IT IS AND YOUR 10%, THEY ARE NOT COMPARABLE AT ALL, AT LEAST IN YOUR RENDERING PHOTOS.
I'M SORRY, I DON'T UNDERSTAND WHAT YOU MEAN BY COMPARABLE.
UM, LAST MONTH YOU SUBMITTED A WHOLE SERIES OF, OF PHOTOS AND YOU HAVE WHAT PRESENTATION OF SIGNAGE MEANING CODES, ALLOWANCES, ALLOWANCE.
AND, UM, IF YOU'RE SAYING THAT THAT'S THE SAME AS THE RECENT SUBMISSION OF 10%, IT'S NOT, THEY'RE NOT EVEN CLOSE? NO, THE, THE VERY FIRST ONE THAT WE SUBMITTED WAS 13 FOOT SIX.
THEN THE LAST MEETING WE HAD WAS 12 FOOT THREE.
[01:15:01]
OVERALL STACKED ELEVATION.THE SPACE IN BETWEEN THE TWO AND THE WHOLESALE CABINET.
SO WE'VE REDUCED IT PER THE BOARD'S DIRECTION, CORRECT? YEP.
SO THE 10% REDUCTION WOULD BE, UM, AN OVERALL STACK TIGHT OF FOUR.
SO WE ORIGINALLY AT 13 SIX, WE LOADED TO 12 FOOT THREE.
SO, AND THEN YOU WANTED SOME
SO I GUESS MY QUESTION IS, YOU WERE ASKED WHAT IS THERE NOW, WHAT'S THERE NOW? IS THAT JUST THE BJ'S CABINET, WHICH IS, UM, AS TERRY SAID, SIX FOOT FOUR? IS THAT ON ANY OF THE PHOTOS THAT YOU SUBMITTED LAST TIME OR THIS TIME? YES.
IT'S ON THE 10% PHOTO PAGE NUMBER THREE.
IT'S JUST THE BJ'S THOUGH, NOT WITH THE WHOLESALE CABINET.
SIX FOOT FOUR BY NINE FOOT EIGHT MM-HMM.
WHICH WAS THAT GENTLEMAN, MR. BLAND'S QUESTION WAS, SO MA'AM, IF YOU LOOK AT PAGE THREE, IF YOU JUST TAKE THE TOP CABINET WITHOUT THE WHOLESALE CLUB, THAT'S WHAT'S THERE CURRENTLY.
IT, IT SAYS SIX FOOT FOUR FOR THE DJS.
AND SEVEN FOOT THREE WITH THE CHECK MARK, I THINK, UH, YEAH, I THINK THAT'S RIGHT.
SEE THE ADDITION HERE IS THE WHOLESALE CLUB, CORRECT? CORRECT.
AND AS I, YEAH, SO THIS 10% PAGE THREE 10% WITH THE WHOLESALE CLUB WOULD BE A TOTAL OF 11 FOOT FOUR STACKED.
THAT'S THE BJ'S, THE SPACE IN BETWEEN THE TWO AND THE WHOLESALE CLUB.
ANY OTHER QUESTIONS? ANYONE IN THE AUDIENCE? ALRIGHT.
AND THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 2301 DARRELL ABRAMS. RIGHT.
UH, I AM AN ENGINEER WORKING WITH, UH, DARRELL ABRAMS, UH, FOR THE PROPOSED APPLICATION AT 31 MOUNT JOY AVENUE.
UH, THE PROPOSED APPLICATION IS FOR A NEW, UH, SINGLE STORY ADDITION TO AN EXIST EXISTING SINGLE FAMILY RESIDENCE.
UM, AS PART OF THE APPLICATION WE'RE REQUESTING, UH, AN AREA VARIANCE TO REDUCE THE MINI MINIMUM SIDE YARD SETBACK FROM EIGHT FEET DOWN TO 5.8 FEET.
UM, AND TO INCREASE THE PRINCIPAL BUILDING COVERAGE FROM 30% TO 32.1% AND TO INCREASE THE FLOOR AREA RATIO, UH, FROM 2,535 TO 2,566.
UH, THE PROPOSED APPLICATION IS TO, UH, SLIGHTLY EXTEND THE CURRENT, UH, KITCHEN, UM, INTO THE, THE SIDE OF THE, THE PROPERTY.
UM, THE NEW ADDITION IS APPROXIMATELY FOUR FEET.
AND THE REASON FOR THE ADDITION IS TO, TO HAVE A MORE FUNCTIONAL LAYOUT SO THEY CAN ACTUALLY HAVE SEATING INSIDE OF THEIR, THEIR KITCHEN AREA.
UM, THERE'S ACTUALLY ALREADY A STAIRWELL THAT'S ON THAT SIDE OF THE PROPERTY THAT, YEAH, THAT PICTURE ACTUALLY RIGHT THERE IS A GREAT PICTURE.
UM, SO WHAT THEY, UH, WOULD LIKE TO DO IS REMOVE THAT STAIRCASE AND HAVE THE, THE KITCHEN ACTUALLY EXTEND TO WHERE THAT CURRENT STAIRCASE IS, AND THEN REMOVE THE STAIRCASE COMPLETELY.
UM, THE, THE OWNER HAS, UM, THE, THE NEIGHBORING PROPERTIES HAVE ISSUED, UH, LETTERS OF SUPPORT OF, OF THE APPLICATION.
UM, IN PARTICULAR THE, THE ONE NEIGHBOR WHERE THE ADDITION IS CLOSEST TO.
THEY HAVE ISSUED A, A, A LETTER OF OF SUPPORT.
UM, ALSO JUST TO, UM, POINT OUT FROM THE, THE STREET VIEW, UM, THERE'S MINIMUM IMPACT OR VIEWING TO THIS SIDE OF THE, UM, SO YEAH, IF YOU SCROLL UP TO, YEP, THAT PICTURE RIGHT THERE.
UM, SO THAT'S FACING, UM, THE HOUSE FROM THE STREET VIEW.
SO IT'S DIRECTLY TO, TO THE LEFT OF THAT.
UM, AND THERE'S SOME ELEVATION VIEWS THAT, THAT ALSO SHOW IT, UM, THAT THE ADDITION IS, IS PROPOSED TO, TO GO.
UM, ARE YOU ABLE TO, YEAH, THIS, THIS MIGHT EXPLAIN BETTER.
UM, IF YOU, COULD YOU SCROLL DOWN TO THE NEXT SHEET? UH, ZBA THREE.
SO IN THE TOP RIGHT HAND CORNER, UM,
[01:20:01]
YOU CAN SEE THAT'S THE EXISTING ELEVATION.AND OFF TO THE LEFT YOU CAN SEE THAT SMALL, UM, STAIRCASE.
AND THEN IF, IF YOU DON'T MIND GOING TO THE NEXT SHEET, UH, THE ZBA FOUR, UM, THE TOP RIGHT HAND CORNER, SO YOU CAN SEE WHERE THAT STAIRWELL IS.
UM, IT'S, IT'S THE SAME DISTANCE AWAY TO WHERE THE STAIRWELL IS.
THEY'D LIKE TO ENCLOSE, UM, A NEW ADDITION SO THAT THEY CAN EXPAND THE KITCHEN TO, TO HAVE A MORE FUNCTIONAL LAYOUT, TO HAVE SEATING WITHIN WITHIN THE, THE, THE KITCHEN AREA.
UM, IN TERMS OF THE, THE AESTHETICS, THEY'RE LOOKING TO MATCH THE EXISTING HOUSE AND NOT HAVE ANY SORT OF, UM, CHANGE IN, IN CHARACTER TO, TO WHAT THE, WHAT THE CURRENT HOUSE IS.
IN TERMS OF THE USE, IT WOULD BE THE EXACT SAME USE AS THE, THE CURRENT SPACE THERE NOW.
UM, IT'S REALLY JUST TO, TO GET THE MORE, MORE FUNCTIONAL LAYOUT.
UM, AND THEN IN TERMS OF, OF THE PROPERTY, UM, EN ENCROACHMENT THAT WE'RE ASKING FOR, FOR THAT 2.2 FEET, UM, THERE'S ALREADY A STAIRWELL THAT THAT'S A PREEXISTING CONDITION THAT THEY'RE LOOKING TO, TO REMOVE AND MATCH WHERE THAT, THAT STAIRWELL IS.
SO IF THERE'S ANY OTHER QUESTIONS QUESTION? YEAH.
HOW CLOSE WOULD THAT KITCHEN NOW BE IN PROXIMITY TO THE NEXT DOOR HOUSE? SO THE, THE NOT THE PROPERTY LINE, HOW FAR IS IT FROM THE HOUSE? OH, FROM THE HOUSE, THE NEIGHBORING HOUSE.
YOU KNOW, I, I DON'T HAVE THAT EXACT DIMENSION.
UM, WE, WE COULD LOOK TO FOLLOW UP WITH IT WHAT THAT DIMENSION IS.
UM, BECAUSE YOU'RE ASKING HIM TO MOVE A KITCHEN CLOSER TO SOMEONE ELSE'S HOME WHERE A CLOSET? YEAH.
AND JUST TO CONFIRM THAT NEIGHBOR WHO WE ARE MOVING CLOSER, ISSUED A, A LETTER THAT WE SUBMITTED FOR RECORD IN SUPPORT OF THE APPLICATION.
SO THEY'RE AWARE OF THE SITE PLAN AND, AND THE DISTANCE THAT THE NEW ADDITION WOULD WOULD BE.
AND NOT TO CREATE ANY UNDUE HARDSHIP, FIRE DEPARTMENT CONSULTED ANY.
SO WHERE THE ADDITION IS GOING, IT'S STILL WITHIN, UH, THERE'S A CO REQUIREMENT OF, OF A FIVE FOOT BUFFER, WHICH BASICALLY INCREASES THE, THE, THE FIRE REQUIREMENTS.
SO THERE WOULDN'T BE ANY SORT OF SPECIAL FIRE OR SEPARATION REQUIREMENTS TO WHERE THE ADDITION IS GOING.
YEAH, SIR, DOES IT LOOK LIKE I HAVE THE, THE DIMENSION CORRECT? IS IT, IS IT FROM THIS LOCATION TO THIS HOUSE? TO THE NORTH ON THE PAGE? SO IT'S ACTUALLY TOWARDS THE, THE WEST IS WHERE THE CLOSEST HOUSE IS TO THE LEFT.
SO YOU WANT ME TO DIMENSION FROM RIGHT THERE? YEP.
THIS IS NOT PRECISE, SO I DON'T KNOW IF IT'S ACCURATE, BUT ORDER OF MAGNITUDE, 10 TO 15 FEET.
I WAS GONNA ASK, HOW LONG, HOW OLD IS THE HOUSE? YOU KNOW, I, I DON'T KNOW.
I DON'T KNOW IF YOU, DARRYL, DO YOU KNOW OFFHAND? MAYBE YOU HAVE TO COME UP, SIR.
HI, UH, MY NAME IS DARYL LABRUMS. I LIVE AT 31 MOCHO AVENUE.
UM, WE THINK 1930
DEPENDS ON WHICH RECORD YOU SEE.
UM, AND JUST TO CLARIFY THE QUESTION, IT'S HER GARAGE, UH, THAT IS THE CLOSEST PART OF HER STRUCTURE TO OUR HOUSE.
AND SO SHE HAS NO PROBLEM WITH IT BEING ANY CLOSER TO HER GARAGE.
SHE DOES, SHE'S LIKE NEVER IN THERE AND SHE CAN'T SEE OUR HOUSE FROM WHERE SHE IS.
AND WE JUST SEE THE GARAGE FROM WHERE WE ARE.
HOW LONG HAVE YOU HAD THE HOUSE? UH, WE MOVED IN 2015.
I GUESS WE HAVE NOTHING ELSE TO ASK
NEXT CASE ON TONIGHT'S AGENDAS CASE 2302, HECTOR BATISTA.
I DID SEND YOU THAT LINK THOUGH.
HELLO, MEMBERS OF THE, UH, PLANNING COMMISSION.
NO, WE'RE NOT THE PLANNING COMMISSION.
I MEAN THE VARIANCE COMMISSION.
DON'T, DON'T CONFUSE THE AUDIENCE, PLEASE.
I'M HERE WITH MY WIFE VICTORIA BATISTA.
WE, UH, WE BOUGHT A HOUSE, UM, TWO YEARS AGO.
AND SINCE WE BOUGHT A HOUSE, WE'VE HAD ABOUT A HALF A DOZEN TIMES WHERE, UM, THE POWERS HAVE GONE OUT.
AND IN ONE PARTICULAR CASE, WE, THE POWER WAS GONE FOR ALMOST, ALMOST, ALMOST A DAY AND A HALF.
AND, AND ONE CASE IN PARTICULAR, UM, I WAS OUT THERE AT NIGHT TRYING TO PUT THE TEMPER, THE, UH, PORTABLE GENERATOR.
[01:25:01]
IT WAS LATE AT NIGHT.LIGHTNING, I FELT, I ACTUALLY ENDED UP HAVING SURGERY BECAUSE OF MY KNEE, BECAUSE OF IT.
AND MY WIFE SAID, THIS IS NOT A GOOD SOLUTION.
SO WE WANT, WE WE'RE COMING IN FRONT OF YOU TO TRY TO GET A, A, A VARIANCE TO INSTALL A PERMANENT GENERATOR.
UH, WE'VE SPOKEN TO OUR NEXT DOOR NEIGHBOR AND ALL THE NEIGHBORS NEXT TO US WHO SOME OF THEM HAVE BURN A GENERATOR.
THEY HAVE NO, NO PROBLEM, UH, WITH IT.
BUT, UH, OBVIOUSLY WE'RE HERE TO GET YOU TO ALLOW US TO BE ABLE TO DO THAT.
AND THAT'S BASICALLY ALL I HAVE TO SAY.
HAPPY TO ANSWER ANY QUESTIONS.
WELL, HOW OLD IS YOUR HOUSE? 19, 19 30.
ARE THERE ANY QUESTIONS FROM THE, UH, AUDIENCE? CAN YOU JUST EXPLAIN THAT WHY YOU CHOSE THAT PARTICULAR LOCATION FOR THE GENERATOR? IT, IT, IT, THE, THE, THE COMPANY THAT WE ARE, UH, WORKING WITH SAID THAT THAT IS THE, THE, THE AREA THAT IS MUCH EASIER FOR THEM TO BE ABLE TO PUT THE GENERAT, CONNECT THE GENERATOR TO WHERE OUR POWER AND AND GAS, UH, SYSTEM IS.
IF NOT, IT'S GONNA BE VERY INTRUSIVE THROUGH TO PUT IT ANY OTHER PLACE.
BUT THAT'S, THAT'S THAT LOCATION.
AND, AND, AND OUR, AND OUR NEXT DOOR, OUR NEIGHBORS ACROSS THE STREET AND OTHER PLACES, THAT'S ACTUALLY THE SAME AREA WHERE THEY HAVE IT.
UH, BECAUSE IT ALLOWS EASY ACCESS TO WHERE THE, UH, GAS LINE AND ELECTRICAL LINES ARE.
SO THEN JUST A QUICK QUESTION, WHERE YOU'VE LOCATED SIMILAR TO THE, THE APPLICANT BEFORE YOU, IS THERE A HOME THAT BEHIND YOUR HOME? WENT TO THE SIDE OF THE, TO THE SIDE OF, TO THE SIDE OF US.
AND WE'VE SPOKEN TO THEM AND THEY'RE, THEY HAVE NO PROBLEM.
YOU HAVE A LETTER OF SUPPORT FROM THEM? NO, WE DON'T.
WE DIDN'T KNOW WE HAD TO GET ONE ALSO.
I WOULD'VE GOTTEN ONE, BUT WE HAVE SPOKEN TO THEM.
HAPPY TO ASK THEM FOR ONE IF YOU THINK YOU NEED THAT.
AND IT'S A GAS GENERATOR? UM, I BELIEVE SO.
PROPANE? NO, I THINK IT'S GAS.
CON EDISON IS DOING WORK AND THROUGHOUT THE NEIGHBORHOOD THEY'RE UPGRADING ALL THE SYSTEMS. SO WE'RE SORT OF TAKING ADVANTAGE OF THAT TOO, TO BE ABLE TO, THEY'RE DOING A LOT OF WORK, SO I I BELIEVE IT'S DEFINITELY GAS.
THEY DIDN'T GIVE YOU A DECIBEL RATING ON IT? NO.
CAN I ASK SOME QUESTIONS? YES.
UM, UH, HOW BIG IS THE, A COUPLE OF THINGS I'LL JUST, ALL THE QUESTIONS YOU'LL BE ABLE TO ANSWER.
HOW BIG IS THE GENERATOR? ARE YOU BUILDING AN ENCLOSURE AROUND IT? IS IT FOR THE SPA OR FOR THE HOUSE? NO, IT'S FOR THE HOUSE.
IT'S, IT IS TO BE ABLE TO, WHEN THE ELECTRICITY GO UP FOR, FOR OFF, FOR US TO BE ABLE TO HAVE ELECTRICITY AND, AND, AND RUN.
HOW, HOW BIG IS IT? I DON'T KNOW.
WAIT, YOU HAVE TO SAY THAT WHEN YOU GET TO THE MICROPHONE.
HI, I'M VICTORIA BATISTA, HECTOR'S WIFE.
UM, WE HAVE NOT GOTTEN THE PERMANENT GENERATOR YET, OBVIOUSLY, UM, BECAUSE WE NEED TO GET APPROVAL FIRST.
UM, SO WE HAD, WE CAN'T ANSWER THE QUESTION IN TERMS OF, UH, SIZE YET.
SO IT'S, ARE YOU, ARE YOU GONNA ENCLOSE IT IN A KIND OF ANYTHING OR? I THINK THE GENERATOR COMES IN, IN, IN SORT OF AN ENCLOSED SETTING WHERE WE HAVE A PROFESSIONAL COMPANY THAT, THAT, THAT, THAT ACTUALLY HAVE INSTALLED AT, UH, OUR NEIGHBOR ACROSS THE STREET.
SO WE'RE USING THE SAME COMPANY AND IT'S ALL ENCLOSED.
I I I, I MEANT NOT IN NOT JUST A PLASTIC ENCLOSURE, BUT ARE YOU DOING SOMETHING THAT MATCHES THE HOUSE OR ANYTHING LIKE THAT? NO, NO.
IT'S JUST WHAT THE GENERATOR, AND I THINK WHAT THEY DO IS THEY PUT A, A CEMENT, UH, BASE BASE IN THE BOTTOM AND THEN THE GENERATOR GOES ON TOP.
BUT YOU ARE ASKING SOMEONE THAT REALLY DOESN'T, I KNOW WHAT I KNOW AND I KNOW WHAT I DON'T KNOW.
AND THAT'S NOT AN AREA I KNOW A LOT ABOUT, SO, OKAY.
JUST FOLLOW UP, UM, FROM YOUR APPLICATION.
I, I, I THINK YOU PROBABLY WERE JUST CONFUSED.
THERE ARE AREA VANCE VARIANCES AND USE VARIANCES.
I BELIEVE YOU'RE ASKING FOR AN AREA VANCE, EVEN VARIANCE, EVEN THOUGH YOU WROTE NOT APPLICABLE ON YOUR APPLICATION.
I DIDN'T HAVE A TIME TO, UH, PROPERLY SIT DOWN WITH MR. BATISTA AND, AND, UM, ENSURE THAT HE FILLED OUT THOSE, THOSE COUPLE QUESTIONS THERE.
AM I IN TROUBLE,
[01:30:01]
VERY NICE.AND THE NEXT CASE ON TONIGHT'S AGENDA IS, IS THE FAT CASE
MAY I PROCEED? MADAM CHAIR? YES.
GOOD EVENING, MADAM CHAIR, MEMBERS OF THE BOARD, DAVID STEIN METZ FROM THE LAW FIRM OF ZAIN AND STEIN METZ.
UH, EXTREMELY PLEASED TO BE HERE TONIGHT ON BEHALF OF LIBERTY COCA-COLA.
I'VE GOT OUR ENTIRE DEVELOPMENT TEAM WITH US.
I WILL SPARE THE INTRODUCTIONS IN THE ATTEMPT TO BE AS EXPEDITIOUS AS POSSIBLE.
I'M EXCITED ABOUT THIS APPLICATION, MADAM CHAIR, MEMBERS OF THE BOARD, BECAUSE THIS IS A TRULY UNIQUE GREEN SUSTAINABLE, UM, APPLICATION.
I'LL TAKE ONE BRIEF STEP BACK.
LIBERTY COCA-COLA, UH, A COCA-COLA BOTTLING FACILITY HERE IN THE TOWN THAT YOU MAY OR MAY NOT REALIZE.
22 ACRES, A 440,000 SQUARE FOOT, UH, MANUFACTURING AND BOTTLING FACILITY.
IT HAS BEEN HERE FOR QUITE SOME TIME.
WE ARE HERE TONIGHT SPECIFICALLY IN CONNECTION WITH THEIR DESIRE TO ADD A CODE GENERATION, UH, IMPLEMENTATION FACILITY TO THEIR PROPERTY, WHICH WILL ALLOW THEM TO NOT ONLY A, GENERATE ALMOST ALL OF THEIR OWN ELECTRICITY TO RUN THE ENTIRE SITE, AS WELL AS PROVIDE FOR COOLING AND HEATING, BOTH OF WHICH ARE PART AND PARCEL OF THE BOTTLING AND MANUFACTURING PROCESS FOR COCA-COLA PRODUCTS.
SO THAT'S A PRETTY COOL THING.
THE BAD NEWS IS THAT CO-GENERATION HAS ONE VERY IMPORTANT BYPRODUCT, AND THAT'S CARBON DIOXIDE, C O TWO, WHICH IS NOT SOMETHING WE WANT TO EMIT INTO THE ATMOSPHERE.
THE GOOD NEWS IS THAT IF YOU'RE RUNNING A BOTTLING FACILITY AND YOU CAN CAPTURE THE C O TWO, CLEAN IT TO BEVERAGE GRADE C O TWO, YOU CAN CAPTURE IT, YOU CAN PUT THE FIZZ INTO THE BOTTLES, AND YOU HAVE A WIN-WIN WIN OPERATION.
SO THIS IS A REALLY WONDERFUL, UM, AND AS I SAID, GREEN AND SUSTAINABLE APPLICATION.
IN ORDER TO DO THIS, ALL THEY ARE TRYING TO DO IS TAKE AN EXISTING SITE, TAKE A SMALL AREA, AND PLACE A CONCRETE PAD FOR THE INSTALLATION OF THEIR EQUIPMENT.
THE EQUIPMENT CONTAINS 2 77 FOOT TALL STACKS, UM, INDUSTRIAL STACKS THAT ARE PART OF THE OPERATION.
UH, WE HAVE, AS WE HAVE EXPLAINED TO THE PLANNING BOARD, AS WE HAVE EXPLAINED TO YOUR PROFESSIONAL STAFF, TREMENDOUS EFFORTS WERE MADE BY CLARK ENERGY AND VISHNU BARAN TO BRING THOSE FROM 125 FEET AS ORIGINALLY DESIGNED, UH, UH, SCIENTIFICALLY, AND BRING THEM DOWN TO A HEIGHT OF 77 FEET.
SO THAT THAT PROCESS HAS ALREADY BEEN UNDER, UH, UNDERWAY.
IN ADDITION, THERE'S AN ALMOST A NEGLIGIBLE INCREASE IN IMPERVIOUS SURFACE AREA, UH, AS A RESULT OF A SMALL AREA.
UH, FOR THIS, FOR THIS PAD, UH, WE'RE, WE'RE HERE TONIGHT.
WE BELIEVE IN CONNECTION WITH THREE DIFFERENT VARIANCES.
THERE WERE TWO DIFFERENT STACKS, EACH OF WHICH ARE 77 FEET IN, IN, IN HEIGHT IN A ZONE IN THE PD ZONE THAT REQUIRES A MAXIMUM OF 40 FEET.
SO WE NEED A 37 FOOT HEIGHT VARIANCE ON EACH OF THOSE.
THE THIRD IS THIS MODEST LITTLE, UH, IMPERVIOUS SURFACE AREA INCREASE.
TWO ORIGINAL VARIANCES THAT WERE PRESENTED AND IDENTIFIED BY THE BUILDING DEPARTMENT HAVE BEEN ELIMINATED.
WE THOUGHT WE WERE ELIMINATING NINE PARKING SPACES.
AND THE LAST IS, UH, LIGHT POLES.
WERE ORIGINALLY DESIGNED AT 20 FEET ON THE PROPERTY.
THEY HAVE NOW BEEN BROUGHT INTO COMPLIANCE WITH THE CODE AT 14 FEET.
SO WE'RE DOWN TO THREE VARIANCES.
I'M EXTREMELY PLEASED TO, UM, STATE FOR THE RECORD, AND I'M ASSUMING YOU ALL RECEIVED IT TODAY, AT LAST NIGHT'S PLANNING BOARD MEETING, AFTER SEVERAL MEETINGS THAT WE'VE HAD BEFORE YOUR PLANNING BOARD, THEY AS LEAD AGENCY UNDER THE NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT, ADOPTED A NEGATIVE DECLARATION UNDER CCRA OF FINDING NO SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS.
AND MOST IMPORTANTLY, THEY DID ADOPT, EXCUSE ME, THEY DID ADOPT A, UM, RECOMMENDATION SUPPORTING THE VARIANCES BEFORE YOU.
THAT'S A SUMMARY OF THE APPLICATION IN SOME, WE BELIEVE THE BENEFIT TO THE APPLICANT TREMENDOUSLY OUTWEIGHS ANY POSSIBLE DETRIMENT TO THE SURROUNDING AREA, THE COMMUNITY.
WE BELIEVE WE SATISFY THE FIVE FACTOR TEST.
THE, WHAT WE CAN DO FOR YOU THIS EVENING, IF YOU WISH, IS WALK YOU THROUGH THE VISUAL ANALYSIS THAT JOE THOMPSON, OUR, ONE OF OUR PROJECT ARCHITECTS, PERFORMED AT THE REQUEST OF THE LEAD AGENCY THAT WE, SO THAT WE COULD DEMONSTRATE FOR THE RECORD AS WE DID
[01:35:01]
FOR THE PLANNING BOARD.YOU CAN'T SEE THE STACKS FROM THE, FROM THE NINE VANTAGE POINTS THAT THE COMMISSIONER ASKED US TO STUDY.
WE STUDIED THEM ALL, WE DEMONSTRATED THAT TO THE PLANNING BOARD.
AND AS I'VE ALREADY SAID IT, WHILE WHILE GARRETT WAS OUT OF THE ROOM, THEY ADOPTED A NEGATIVE DECLARATION, THEY CONFIRMED WHAT JOE TOLD US, THAT FROM THESE CRITICAL VANTAGE POINTS, YOU CAN'T SEE THE STACKS EVEN AT 77 FEET AND HEIGHT.
THE SITE IS DOMINATED, UH, FROM A VANTAGE STANDPOINT BY THE CONED, HIGH TENSION PO TOWERS AND WIRES.
THOSE ARE QUITE VISIBLE FROM THE NINE, UH, VANTAGE POINTS THAT WE ANALYZED.
THE STACKS WE BELIEVE AND, AND WE BELIEVE WE'VE DEMONSTRATED WOULD NOT BE.
I CAN WALK YOU THROUGH ALL OF THAT IF YOU'D LIKE.
WE CAN EXPLAIN CO-GENERATION IF YOU WOULD LIKE.
UM, WE COULD EXPLAIN WHY THE STACKS HAVE TO BE 77 FEET IN HEIGHT IF YOU WOULD LIKE.
UM, BUT BEYOND THAT, WITH ALL DUE RESPECT, MADAM CHAIR, MEMBERS OF THE BOARD, IN LIGHT OF WHAT WE'VE DONE IN FRONT OF THE PLANNING BOARD AND THE POSTURE OF THIS APPLICATION, WE ACTUALLY BELIEVE THAT THIS IS A FAIRLY STRAIGHTFORWARD APPLICATION AND WE ARE REALLY LOOKING FORWARD TO BRINGING TO GREENBERG, UM, A TRUE STATE-OF-THE-ART, UM, AND SUSTAINABLE ENERGY PROJECT FOR ONE OF YOUR LARGEST INDUSTRIAL MAN MANUFACTURING FACILITIES.
WHAT WOULD BE THE AVERAGE EQUIVALENT IF WE WERE TO, NOT A BUILDING SO MUCH, BUT PERHAPS A HOUSE STRUCTURE FOR 77 FEET? HOW, HOW MANY, THAT'D BE TWO HOUSES WOULD THAT HOUSE, THAT'D BE TWO HOUSES ON TOP OF ONE ANOTHER.
YOUR, YOUR STANDARD BUILDING, UH, YOUR STANDARD CODE, UH, LIKE EVERYONE ELSE, FOR THE MOST PART IN WESTCHESTER, TWO AND A HALF STORIES 35 FEET.
SO WHERE IT'S 70 FEET, SO YOU'D HAVE TWO HOUSES TO THEIR PEAKS.
BUT AGAIN, THIS IS AN INDUSTRIAL FACILITY, UH, A LIGHT INDUSTRIAL FACILITY.
THIS IS NOT A RESIDENTIAL AREA.
THERE ARE NO RESIDENCES IN THE IMMEDIATE VICINITY.
YOU'LL RECALL I WAS BEFORE YOUR BOARD A COUPLE OF MONTHS AGO WITH REGARD TO A SELF-STORAGE APPLICATION THAT WAS BISECTED BY THE MUNICIPAL LINE.
MANY OTHER, OR AT LEAST CERTAINLY THE NEIGHBORING VILLAGE OF ELMSFORD, UM, HAS A MUCH MORE RELAXED ANALYSIS FOR, UH, LIGHT INDUSTRIAL ALLOWING US THERE TO GO TO.
IT WAS EITHER 120 FEET OR 150 FEET.
YOU ARE 40 FEET IS CERTAINLY ON THE CONSERVATIVE SIDE.
HOWEVER, IN FAIRNESS, I WENT, I WENT AROUND THE COUNTY TRYING TO SEE IF ANY CODE CARVED OUT STACKS LIKE THIS.
THEY DON'T, I THINK NO ONE'S BUILDING STACKS IN, IN WESTCHESTER COUNTY 'CAUSE NOBODY'S BUILDING, UH, MANUFACTURING FACILITIES.
IT'S WONDERFUL THAT YOU HAVE COCA-COLA HERE.
UM, IT'S SOMETHING THAT I THINK THE TOWN WANTS TO KEEP.
AND HAVING A SHINING EXAMPLE OF A SUSTAINABLE ENERGY PROJECT IS SOMETHING THAT EVERY SINGLE OFFICIAL AND BOARD IN THIS TOWN, I CAN, I CAN ASSURE YOU, WE'LL BE QUITE PROUD OF ONCE THIS IS DONE.
SO QUICKLY, WHAT DO YOU USE AND HOW DO YOU MAKE THIS ENERGY? VISHNU BARON.
YOU GOT THE, THE KEYWORD WAS QUICKLY.
'CAUSE HE COULD, HE COULD TALK FOR A COUPLE OF HOURS ABOUT CO-GENERATION.
I KNOW YOU DON'T HAVE, YOU DON'T WANNA LISTEN TO THAT.
THE SUMMARY VERSION IS IF YOU WERE DOING YOUR FLOW CHART, INTRODUCE YOURSELF.
HI EVERYBODY, MY NAME'S VISHNU BARRON.
I WORK FOR A COMPANY CALLED CLARK ENERGY AND WE'RE THE MANUFACTURER OF THIS SYSTEM.
SO CO-GENERATION TAKES A FUEL, UM, AND WE BASICALLY MAKE, IN THIS APPLICATION WE'RE MAKING FOUR THINGS, ELECTRICITY, HEAT, CHILLING, AND FOOD GRADE C O TWO.
I, I WOULD LIKE TO SEE THE VISUAL ANALYSIS.
WE, WE'LL DO THAT IF YOU'D LIKE.
JOE, JOE THOMPSON WILL WALK US THROUGH AND WE CAN DO THAT FAIRLY EFFICIENTLY AS WELL.
WE'VE DONE, BEFORE YOU DO THAT, CAN YOU JUST SHOW LIKE ON THIS, WHICH OF THE STACKS YOU'RE TALKING ABOUT? SURE.
JOE, JOE WILL WALK US THROUGH THAT.
IWIN JOSEPH THOMPSON ARCHITECT.
WE WERE COMMISSIONED TO PERFORM A VISUAL VIEW SHED ANALYSIS OF WHAT THE IMPACTS, UH, OF THESE TOWERS MIGHT BE.
AND BASICALLY THE, THE INTEREST OF ASSURING THAT THEY WILL NOT BE PROJECTED TO HAVE A DETRIMENTAL IMPACT TO QUALITY OF LIFE AT THE TOWN OF GREENBURG RESIDENTS.
THERE WERE NINE LOCATIONS THAT WERE ANALYZED.
WE HIRED A LOCAL DRONE OPERATING COMPANY TO STUDY THEM FROM THE HEIGHTS THAT WERE REQUESTED BEFORE YOU GO THROUGH YOUR NINE LOCATIONS.
TO ANSWER SHAUNA'S QUESTION, CAN YOU START WITH JUST THE, THE TOWERS THEMSELVES? SURE.
JUST SO THAT EVERYBODY KNOWS WHAT WE'RE DEPICTING AND WHAT WE'RE ANALYZING.
THANK YOU FOR JUMPING TO THAT.
JUST, IT'LL PUT IT ALL IN CONTEXT.
NO, WE HAVE THAT, BUT IT'S JUST, UH,
[01:40:02]
JUST BEAR WITH US ONE MOMENT.NOW I'M JUST TRYING TO DO A, WHERE'S WALDO? WHAT IS IT WE'RE LOOKING FOR? YOU, YOU, YOU SHOULD HAVE SEEN THEY, THEY SHOULD HAVE BEEN VISIBLE IN THE PACKETS, BUT WE WILL MAKE SURE THAT THEY'RE TOTALLY CLEAR.
THERE ARE TWO, THERE ARE A NUMBER OF DIFFERENT STACKS ON THE SITE.
ONLY TWO OF WHICH EXCEED THE HEIGHT REQUIREMENT AND THERE WERE NO DRAWINGS OF THEM.
IS IT POSSIBLE TO LIKE ALSO LOOK AT THE ACTUAL PICTURES, LIKE SURE.
THAT'S WHAT WE, THAT'S ABSOLUTELY WHAT I PULL UP NEXT.
THIS IS AN ELEVATION OF THE EQUIPMENT, WHICH DOESN'T NECESSARILY SHOW IT IN CONTEXT, BUT GIVES YOU AN IDEA OF WHAT THE EQUIPMENT'S COMPOSED OF.
AND EQUIPMENT, DIMENSIONS, WHICH ARE THE TWO STACKS.
YOU'VE GOT SEVEN OR EIGHT STACKS.
THE TWO STACKS ARE ON THE LOWER LEFT.
THERE ARE TWO, I DUNNO IF YOU CAN SEE THE CURSOR HERE, SIDE BY SIDE.
THE LOWER STACKS ARE ALL, I BELIEVE, WITHIN THE HEIGHT LIMITATIONS AND ARE NOT SUBJECTED TO VARIANCE.
SO THESE LOWER STACKS POINT OUT THE ABSORBER TOWER ARE 30, 33 FEET.
THE, THE TWO LARGER TOWERS ARE THESE TWO SIDE BY SIDE.
YOU CAN SEE THEM ON THE UPPER PERSPECTIVE AS WELL.
AND IF TO SHOW THOSE IN VISUAL CONTEXT WITH ITS SURROUNDINGS.
I'M GONNA SKIP AHEAD TO RENDERINGS.
THESE ARE THE STACKS FROM AN AERIAL VIEW AND SEE THEM FROM THE GROUND.
THIS, THESE ARE THE TWO STACKS AS IF YOU ENTER THE FACILITY FROM FAIRVIEW.
SO RELATIVELY UNOBTRUSIVE VISUALLY I THINK GIVEN ITS INDUSTRIAL CONTEXT AND SURROUNDINGS.
AND THEN THE VIEW SHED ANALYSIS ITSELF.
I'M GOING TO, TO MOVE THOSE, THAT LOCATION MAP.
AND THEN WE COULD JUST QUICKLY SCROLL THROUGH.
LOCATION BY LOCATION, YOU'LL SEE THAT THE, THE VISUAL IMPACT IS FAIRLY MINIMAL.
UH, ALMOST NEGLIGIBLE GIVEN THE SURROUNDING CONTEXT AND THE FACT THAT, SORRY, I'M TRYING TO FIND THE MAP ITSELF.
YOU KEEP SHOWING THAT WATER TOWER.
START, SO WE'LL START WITH THE WATER TOWER FROM THIS PERSPECTIVE.
THIS IS ONE OF THE MULTI-FAMILIES THAT WE TOOK A VANTAGE POINT FROM THE IN RED, YOU CAN SEE THAT THE HILL ACTUALLY OBSTRUCTS THE ENTIRE FACILITY.
SO NOT VISIBLE FROM THE, THE CONDOS UP ON THE HILL FROM THE NEXT VIEWPOINT FURTHER OUT, YOU CAN SEE THAT AGAIN IN THE DISTANCE.
VERY, VERY MINIMAL VIEW IMPACT FROM THE, BASICALLY FROM THE SAWMILL PARKWAY AT THIS LOCATION.
JUST, UM, WHAT I, I REFERRED TO EARLIER, THE CONED TOWERS, THE HIGH TENSION WIRES.
WE WERE ASKED TO MAKE SURE THAT WE WERE ABLE TO JUXTAPOSE THE HEIGHT OF THAT VERSUS OUR TOWERS.
THE HEIGHT OF THOSE IS SIGNIFICANTLY TALLER THAN THE 77 FEET.
SO IN CONTEXT WITH THE WATER TOWER AND THOSE HIGH VOLTAGE LINES, WE SURVEYED THOSE AS WELL.
THE CURRENT WATER TOWER IS 200 FEET IN COMPARISON, AND THESE HIGH VOLTAGE LINES ARE ON AVERAGE ABOUT 145 FEET.
SO AGAIN, IN IN CONTEXT WITH ITS SURROUNDINGS, IT'S HAS MINIMAL IMPACT.
THIS IS A VIEW FROM THE NEIGHBORING ADJACENT PROPERTY.
YOU CAN SEE AGAIN, VISUAL IMPACT OF THE TOWERS THEMSELVES.
AND THE, THE HIGH VOLTAGE LINES IN THE, IN THE BACKGROUND ACTUALLY, UH, WARRANT MORE ATTENTION.
ANOTHER VIEW FURTHER EAST, UH, AGAIN, JUST BARELY VISIBLE.
WE ACTUALLY HIGHLIGHTED THE TOWER IN RED TO TRY TO VISUALIZE IT IN.
ITS, UH, NATURAL, UH, YOU KNOW, STEEL COLORATION, UH, AGAIN, WON'T BE VERY NOTICEABLE.
ANOTHER VIEWPOINT WHERE THE TOWERS ARE NOT VIS VISIBLE.
UH, AGAIN, ANOTHER VIEWPOINT WHERE AGAIN, NATURAL SURROUNDINGS AND CONTEXT AND TREES.
UH, AND THIS IS IN THE WINTER WHEN FOLIAGE IS DROPPED, NOT VISIBLE.
LOCATION NUMBER SEVEN, NUMBER EIGHT, AND NUMBER NINE.
AND THESE ARE ACTUALLY TAKEN AT THE TOWER'S HEIGHT, WHICH IS WHAT WAS REQUESTED.
WHEN YOU TAKE THESE SAME VANTAGE POINTS FROM A HUMAN PERSPECTIVE OR EVEN FROM A HEIGHT OF 15 FEET, FROM A SAY A SECOND STORY WINDOW, UH, AT NONE OF THE LOCATIONS, ARE THE TOWERS ACTUALLY VISIBLE.
JUST ONE MINUTE ON WHAT YOU MEAN BY YOU TOOK IT AT THE TOWER'S HEIGHT.
SO THE DRONE WAS ELEVATED AT A HEIGHT OF 77 FEET IS WAS CRUSTED AS THE, THE FORMATTING FOR THE, THE BUS SHE ANALYSIS.
SO THAT'S THE SAME HEIGHT AS THE TOWER.
SO THE ONLY WAY TO REALLY SEE THESE FROM THESE POINTS IS TO ACTUALLY BE ELEVATED AT A PERSPECTIVE WHERE THE NORMAL PERSON WON'T, YOU KNOW, VIEW THEM FROM.
SO AGAIN, I THINK THE MOST TELLING IMAGE IS PROBABLY ENTRY WHEN YOU FIRST, UH, VIEW THE FACILITY ON FAIRVIEW, WHICH AT THAT POINT YOU'RE ALREADY ENTERED INTO AN INDUSTRIAL COMPLEX.
AND AGAIN, IMPACT AT THIS LOCATION FAIRLY MINIMAL.
AND IT'S NOT IN DIRECT CONTEXT WITH ANY RESIDENTIAL NEIGHBORHOODS.
THE RELATIVE CIRCUMFERENCE OF THE TOWERS THEMSELVES CIRCUMFERENCE, CIRCUMFERENCE, VISHNU 17 FEET, D DIAMETER, 17 FEET.
UM, THE OTHER THING THAT WE WANTED TO, UM, ALSO MAKE A POINT OF, WE, WE TRULY THINK THIS IS A UNIQUE SITUATION.
[01:45:01]
IS A PRECEDENT SETTING APPLICATION, UH, IF UNLESS THERE'S GONNA BE ANOTHER CO-GENERATION FACILITY, UH, COMING INTO, UH, INTO THE TOWN OF GREENBURG.UH, AND THE GOOD NEWS IS BASED UPON OUR LOCATION, AS JOE SAID, IN A LIGHT INDUSTRIAL ZONE, WE'RE IN AN AREA WHERE THIS TYPE OF ACTIVITY, THIS TYPE OF INSTALLATION IS, CAN BE EXPECTED.
UM, THE HEIGHT OF 77 FEET, IT'S, IT WARRANTS A, A REVIEW BY YOUR BOARD.
UM, BUT MOST IMPORTANTLY, UH, YOU ARE BOUND INTO THE SECRET DETERMINATION THAT WAS JUST ISSUED.
THERE IS NO SIGNIFICANT ENVIRONMENTAL IMPACT AS A RESULT OF VISUAL.
SO THAT HAS ALREADY BEEN CONCLUDED BY THE LEAD AGENCY.
UM, AND, AND, UH, MR. GIORDANO, OUR PROJECT SUPERVISOR HAS, UM, WANTED TO MAKE SURE THAT THE RECORD'S CLEAR THAT ON THE RIGHT SIDE OF THE PHOTO BEFORE YOU, THE IMAGE BEFORE YOU, THERE ARE TWO WHITE TOWERS.
BOTH OF THOSE ARE ALREADY EXISTING.
THAT, THAT, THOSE ARE, THOSE ARE NOT, UH, PART OF THE APPLICATION.
JUST TO BE CLEAR, I THINK, UM, ONE OF THE TOWERS IS 77.
I THINK THE OTHER WAS DROPPED DOWN A COUPLE FEET.
SO WE'RE REFERRING TO THEM AS 77 FOR THE SAKE OF SIMPLICITY.
TECHNICALLY IT DID COME DOWN ABOUT A FOOT AND A HALF, BUT FOR THE SAKE OF SIMPLICITY, WE JUST KEEP REFERRING TO THIS AS 2 77 FOOT TOWERS.
WHAT, WHAT IS THE SURFACE OF THOSE TOWERS? THE EXTERIOR MATERIAL? YES.
AND UNDERSTAND, WITHOUT GOING TOO FAR INTO IT, 'CAUSE WE DID SPEND QUITE A BIT OF TIME WITH IN FRONT OF THE PLANNING BOARD ON THIS, THE, THOSE ARE ALMOST THE GUTS OF THE, THE WHOLE OPERATION THAT THAT IS WHY IT WAS SO IMPORTANT FOR VISHNU AND CLARK ENERGY TO SPEND AS MUCH TIME AND ENERGY, SORRY FOR THE PUN, UM, IN DETERMINING REALLY SCIENTIFICALLY WHAT THE RIGHT HEIGHT WAS.
THAT'S WHERE A LOT OF THIS CLEANSING TO, UM, THAT BRING THE C O TWO TO BEVERAGE GRADE C O TWO.
AND JUST, AGAIN, WE, WE SHARED THIS, IT WAS IN MY COVER LETTER, BUT I WANNA MAKE SURE YOU ARE ALL AWARE FOR YEARS, UH, IN THE TOWN OF GREENBURG, YOU'VE HAD 200 TRUCKS COMING IN AND 200 TRUCKS GOING OUTTA THIS FACILITY, BRINGING IN CARBON DIOXIDE, BRINGING IN THE FIZZ FOR THE BOTTLES.
SO THERE'S A REAL, THERE'S AN ENVIRONMENTAL BENEFIT OF ELIMINATING THAT, THAT VEHICULAR MOVEMENT.
THERE'S AN ENVIRONMENTAL BENEFIT OF HAVING ONE OF YOUR LARGEST INDUSTRIAL RESIDENTS, TAXPAYERS ACTUALLY GENERATING THEIR OWN ELECTRICITY, GENERATING THEIR OWN COOLING, GENERATING THEIR OWN HEATING.
AS I SAID, THIS IS A PRETTY GOOD ONE.
SO WILL THE CO GET CHEAPER
DID I SAY THAT RIGHT? DAN? ARE THERE, ARE THERE ANY OTHER PLANTS LIKE THIS IN THE COUNTRY OR IS THIS THE FIRST OF ITS KIND? VISHNU, THIS IS SERIAL.
THIS IS SERIAL NUMBER ONE IN THE U S OF A THAT'S EVER BEEN BUILT.
WELL, I DON'T KNOW THE COMPANY, BUT THE COMPANY I WORK FOR IS IN 29 COUNTRIES.
WE'VE BUILT THIS ELSEWHERE IN EUROPE, UM, AND IN SOUTH AFRICA IT'S A VERY SPECIALIST, UM, TYPE OF APPLICATION.
SO YOU KIND OF NEED A PRETTY SPECIALIST COMPANY TO DO IT.
WE HAVE NOTHING MORE AFFIRMATIVELY TO ADD.
I'M HAPPY TO ANSWER ANY QUESTIONS.
WE WANT TO MAKE SURE YOU ALL UNDERSTAND THE SITUATION.
UM, DYLAN PENN FROM LIBERTY KOCH AND HIS TEAM ARE QUITE ANXIOUS TO GET THIS UNDERWAY.
WE'VE GOT AN, AN AWFUL LOT OF, UH, ENVIRONMENTAL SUPPORTERS OUT THERE IN, IN THE COMMUNITY AT LARGE, UM, AND BEYOND.
AND, UH, THIS, THIS IS THE LAST STEP WE NEED BEFORE WE GO BACK TO THE PLANNING BOARD AND ULTIMATELY RECEIVE OUR FINAL SITE PLAN APPROVAL.
HOW LONG IS IT GONNA TAKE TO ONCE YOU GET APPROVAL TO BUILD? YEAH, YOU CAN TELL ME AND I'LL REPEAT IT.
DETAILED DESIGN PHASE, WE'RE PROBABLY ABOUT 12 TO 14 MONTHS AWAY.
PROBABLY 12 TO 16 MONTHS FOR FULL IMPLEMENTATION.
I WON'T, UH, DUE TO THE TIME OF EVENING, I DON'T WANT YOU TO EXPLAIN THE PROCESS, BUT I, I'M GONNA, I'M GONNA READ IT OUT THERE.
SOME, SOME GOOD R D COMING OUTTA THIS.
ANYTHING ELSE? ANYONE IN THE AUDIENCE WANT TO COMMENT ON THIS CASE? EVERYBODY'S HAPPY FOR BOTH, I GUESS.
THANK YOU FOR YOUR TIME AND YOUR PATIENCE.
[01:50:01]
AND THE NEXT CASE ON OUR AGENDA IS CASE 2304.IS IT DORIN AND I CANNOT SAY THE LAST NAME CORRECTLY.
FIRST ONE IN THE UNITED STATES HERE.
HELLO AND GOOD EVENING MADAM CHAIRWOMAN, MEMBERS OF THE BOARD.
I'M PRESENTING TO THE BOARD WITH THE PROPERTY OWNER, DRE RIZZI, D R E N I D R I Z I WE'RE PRESENTING YOUR CONSIDERATION AREA VARIANCE FOR 4 52 LEY ROAD, SITUATED IN A R 20 SINGLE FAMILY ZONE.
WE'RE PROPOSING AN AREA OF VARIANCE AS WELL AS SETBACK FROM DRIVEWAY TO SIDE PROPERTY LINE AT, UH, ZERO FEET WHERE PERMITTED 16 FEET AS WELL AS MAXIMUM DRIVEWAY WIDTH.
PRESENTED AND PROPOSED A 37.25 FEET, WHEREAS PERMITTED 30 FEET.
WE HAVE PROVIDED PHOTOGRAPHS OF THE AREA OF CONCERN AND AS WELL TODAY WE RECEIVED THE UPDATED, UH, LETTER WITH RE WITH RESPECT TO DENIAL, I CAN, I MADE MULTIPLE COPIES AND IT HAS TODAY'S DATE ON IT.
IF YOU NEED IT FOR RECORD, I CAN DROP IT OFF HERE.
I BELIEVE WE WAS, WE WERE ALL SENTENCED.
WE HAVE IT AND I CERTAINLY HOPE THAT YOU RECEIVED PHOTOGRAPHS.
I HAVE OTHER PACKETS OF PHOTOGRAPHS.
AND, UM, I'LL JUST QUICKLY, UH, IF I CAN USE THE BOARD, IF THAT'S OKAY WITH YOU.
I CAN ALSO, I HAVE A LASER POINTER IF THAT'S PERMITTED.
UH, I WILL JUST SHOW THE AREA OF CONCERN.
SO I HOPE WE CAN ALL, I'M GONNA TRY TO, SIR, I HAVE THE SAME PLAN.
I CAN SHARE SCREEN AND IF YOU WANNA REFER TO THAT, I CAN MOVE MY CURSOR.
I CAN ZOOM IN EITHER ON THE OVERALL OR HERE IF YOU'D LIKE.
SO IF YOU WOULD, UH, KINDLY START WITH THE OVERALL.
UM, THE PURPOSE OF THAT PRESENTATION WOULD BE JUST TO SHOW THAT MOST DRIVEWAY ON THE ADJACENT PROP DRIVEWAYS OF THE ADJACENT PROPERTIES HAS, UM, THESE ARE ALL SITUATED IN A ZERO LOT LINE.
UH, IN RELATION TO, TO THE, I GUESS THE, THE PROPERTY LINES, THE, UH, IF YOU CAN, AS YOU CAN SEE HERE, THE DRIVEWAY TO GET TO THE PROPERTY IS LONG ENOUGH AND ON BOTH SIDES OF THIS SHARED DRIVEWAY, IF YOU WILL, DRIVEWAYS OF NEIGHBORING PROPERTIES ARE IN A ZERO LOT LINE.
UM, AND MOVING FORWARD, IF YOU MAY, PLEASE MOVE ON TO THE, UH, UH, ZOOMED IN PLAN.
SO THE OWNER ELECTED TO BUILD A TWO CAR GARAGE AND WOULD BE ENTERING THE GARAGE IF YOU WILL HEAD ON.
HOWEVER, WITH RESPECT TO TURNING RADIUS, WE DID A STUDY WITH A FRONT AXLE ON AN SS U V TO GET OUT OF THE BACK OUT OF THE GARAGE, WE WOULD NEED A TURNING RADIUS, THEREFORE THE NECESSITY TO HAVE A ZERO LOT LINE FOR THIS PRESENTATION.
SO, UH, I, I HAVE AN, A STUDY THAT WE'VE DONE WITH A CAR ROTATED.
I THINK I'M SUBMITTED THAT AS WELL, UH, VIA PRINT.
I CAN ALSO GIVE IT TO THE BOARD FOR YOUR REVIEW, A THREE D STUDY OF A CAR LEAVING THE GARAGE AND BACKING INTO THE, UH, SIDE YARD, IF YOU WILL.
UM, SO THE, UH, THE RELIEF SOUGHT IS FOR THESE PURPOSES TO MAKE IT A BIT EASIER FOR THE FAMILY TO UTILIZE THE UH, TWO CAR GARAGE.
I WILL, YOU KNOW, WE CAN ANSWER SOME QUESTIONS THE OWNER'S HERE.
UH, IF YOU'D LIKE TO ASK THE OWNER ANY PARTICULAR QUESTIONS REGARDING THE 30 FOOT DRIVEWAY WITH, I'M GONNA MOVE MY CURSOR, BUT, UM, JUST WANTED TO HAVE THE BOARD TO HAVE AN UNDERSTANDING OF WHERE THAT DIMENSION IS.
[01:55:01]
THE WAY YOU HAVE THE CURSOR NOW, SO IF YOU, IF YOU'RE SPANNING LIKE LOWER, IF YOU JUST GO A LITTLE BIT LOWER, SO IF YOU KEEP GOING LOWER, THAT'S, THAT'S WHERE THE EXISTING DRIVEWAY ENDS IF YOU WILL.SO WE WOULD MEASURE 30 FEET OUT FROM YOUR CORNER TO THE EDGE OF THE HOUSE TO TOWARD ON YOUR LEFT, IF YOU WILL.
SO THAT'S WHERE THE, UH, THE EXISTING HOUSE IS SITUATED WITH RESPECT TO THE PROPERTY LINE.
SO NOW THAT WE'RE SITUATED IN THE GARAGE AS FAR OUT AS WE CAN, IF YOU WILL, BEHIND THE HOUSE, SO WE CAN SORT OF PROVIDE A BETTER TURNING RADIUS FOR SAFETY.
BECAUSE FOR THIS LONG DRIVEWAY YOU WANT TO BE JUST, YOU KNOW, OF COURSE WE HAVE TO EXIT, YOU KNOW, HEAD FIRST SO THAT WE CAN ALL SEE.
BUT ALSO MORE IMPORTANTLY, WE HAVE NEIGHBORS THAT'LL BE BACKING OUT OF THEIR DRIVEWAYS AS WELL.
AND WE'RE THE LAST PROPERTY ON THAT LONG DRIVEWAY.
SO WE JUST LIKE TO BE VERY SAFE WHEN WE LEAVE THE, UH, THE PROPERTY SO WE DON'T HAVE TO REVERSE OUR CARS ONTO THE NEIGHBORS, UH, PATH OF TRAVEL, IF YOU WILL.
HEY GARRETT, CAN YOU SHOW THE AERIAL OF THIS FROM YOUR YEAH, THANK YOU
YEAH, I'M GONNA TURN, IT HELPS TO EXPLAIN, LEMME TURN THE COLOR OFF AND UH, THIS IS THE SUBJECT LOT.
I'M GONNA TURN THAT OFF SO IT'S A LITTLE MORE CLEAR.
YES, THIS IS, AND THEN JUST SHOW WHERE, UM, I GUESS IT'S LEY ROAD IS.
SO YOU CAN SEE HOW LONG THE DRIVEWAY, PRETTY LONG.
SO THE 16 FEET, THE FIRST ONE SETBACK DRIVEWAY TO THE SIDE PROPERTY LINE, IS THAT THE ACTUAL LONG DRIVEWAY ITSELF OR THAT'S UP AT THE TOP WHERE WE'RE TURNING AT, AT THE TOP.
UH, THERE'S, THERE'S AN EXISTING DRIVEWAY THAT'S ON THE PROPERTY LINE.
IF YOU ZOOM A LITTLE MORE, YOU CAN ACTUALLY SEE IT RIGHT BELOW THOSE STAIRS.
SO ALL WE'RE ASKING IS JUST TO ESSENTIALLY JUST CONTINUE THAT DRIVEWAY.
I SEE THAT'S A COLLECTIVE OF ALL DRIVEWAYS WHERE THEY MEET AT THAT JUNCTURE RIGHT THERE.
AND WE'RE JUST EXPANDING THE EXISTING NON-CONFORMING, UH, DRIVEWAY AS THIS, UH, STANDS NOW, IT'S ALREADY EXISTING NONCONFORMING, CONTIGUOUS NONCONFORMING, RIGHT ABOUT HERE WOULD BE 16 FEET OFF THE PROPERTY LINE, JUST FOR FRAME OF REFERENCE.
SO THE NEW GARAGE ITSELF IS CONFORMING AND THE SETBACKS OKAY.
YEAH, I I HAVE A COUPLE OF QUESTIONS.
UM, IT IT, IT LOOKS LIKE YOUR CURRENT ABILITY IS BASED ON THE PHOTOS YOU SAID IS YOU CAN PARK UP TO 10 CARS ABOUT NOW WITH THE NEW DESIGN THAT YOU HAVE, YOU'LL BE ABLE TO PARK 25 TO 30 CARS.
I'M JUST TRYING TO UNDERSTAND WHY A SINGLE FAMILY HOUSE NEEDS SUCH A HUGE PARKING LOT.
AND THANK YOU FOR YOUR, FOR YOUR, FOR YOUR, FOR YOUR COMMENT AND YOUR CONCERN.
I, I THINK IT'S JUST THE, UM, THE CONDITION THAT, YOU KNOW, ARGUABLY WE COULD OF COURSE ATTEST THAT, YOU KNOW, IT'S, WE'RE CREATING THIS CONDITION BY MOVING THE GARAGE, IF YOU WILL, TOWARDS REAR.
BUT IN TERMS OF JUST MANEUVERING THE CARS, THIS WOULD BE THE ONLY LOCATION WHERE WE CAN SITUATE THE TWO CAR GARAGE AND HAVE SOME RELIEF WITH RESPECT TO ROTATING CARS.
THAT'S THE, UM, BEST ARGUMENT WE MAY HAVE WITH RESPECT TO, TO YOUR CONCERN.
SO, AND OF COURSE THE RESULTING DRIVEWAY IS VERY LONG.
HOWEVER, YOU KNOW, MOST DRIVEWAYS, UH, ON THIS, I GUESS AT THIS CLUSTER IF YOU WILL, THEY HAVE SIMILAR SITUATION.
THE PROPERTY, IF YOU LOOK TO THE LEFT, HAS A REALLY LONG, YOU KNOW, AND DEEP DRIVEWAY AS WELL.
SO WE JUST THOUGHT THAT THEY, YOU KNOW, MAYBE THEY HAD A SIMILAR CONDITION THEY TRIED TO PROVIDE, YOU KNOW, BETTER MANEUVERING AND THEN MAYBE THEY SITUATED THEIR ENTRANCE TO, TO THE GARAGE FARTHER OUT, JUST LIKE WHAT WE'RE DOING ESSENTIALLY.
SO IT'S, IT DEFINITELY CREATE A CONDITION THAT'S DULY NOTED.
UM, SO WE'RE JUST, YOU KNOW, PLEADING TO THE BOARD TO SEE IF THERE'S ANY CONSIDERATION JUST TO MAKE THE MANEUVERING OF CARS A LITTLE BIT EASIER.
THE FAMILY, YOU KNOW, HAS THAT FEW CARS.
IT'S LIKE MOST FAMILIES IN THE NEIGHBORHOOD, SO THEY'D JUST LIKE TO BE ABLE TO ROTATE THE CARS, THAT'S ALL.
AND I GUESS ANOTHER QUESTION I HAVE IS YOU'RE, YOU KEEP REFERRING TO THE AUXILIARY STRUCTURE, WHICH
[02:00:01]
HAS LIKE 350 SQUARE FEET, I BELIEVE, CORRECT? YES.THERE IN, IN THE PACKAGE THERE'S ACTUALLY NO FLOOR PLAN FOR THAT.
YOU DO HAVE ONE POINT THAT SAYS A 10 FOOT DEEP CABANA.
AND AS I LOOK AT IT AND THE DIMENSIONS, THE GARAGE ITSELF CAN PARK ANYWHERE FROM FOUR TO SEVEN CARS IF EVEN TAKING AWAY THE SPACE FOR THE CABANA AND THE POOL EQUIPMENT ROOM, THE GARAGE AS DESIGNED, UM, AS FOR OUR PLANTS, UM, I WE BELIEVE THAT IT'S A STANDARD TWO, TWO CAR GARAGE, IF YOU WILL.
THE CABANA WILL ONLY, UH, SERVE, YOU KNOW, FOR THE PURPOSE FOR I GUESS FOR THE USE OF THE POOL.
AND THEN BESIDE THE, UH, CABANA, WE HAVE A MECHANICAL POOL EQUIPMENT ROOM.
SO THOSE SPACES WOULD, THOSE ARE JUST ADJACENCIES TO THE GARAGE, WHICH WOULD IDEALLY, UH, HOUSE TWO LARGE SUVS AS PER OUR FLAT.
YEAH, I I I, YOU KNOW, BASED ON WHAT YOU DID, IT LOOKS LIKE THE CABANA AND THE BATH AND THE EQUIPMENT ROOM MAY TAKE A HUNDRED SQUARE FEET, WHICH WOULD LEAVE YOU ABOUT 250 SQUARE FEET, WHICH CAN EASILY PARK FOUR CARS, IF NOT MORE, EVEN IF THEY'RE SUVS.
UM, SO, UH, THAT, THAT'S, I'M JUST TRYING TO SEE THE NUMBERS HERE 'CAUSE YOU ARE ASKING TO GO ALL THE WAY TO THE PROPERTY LINE AND IT, IT JUST APPEARS TO ME THAT, UM, AND I'M TRYING TO UNDERSTAND WHY YOU'RE ADDING 10 TO 15 MORE PARKING SPACES.
SO, SO TO THE COMMENT REGARDING THE SIZE OF THE GARAGE, I THINK WE HAVE A PLAN THAT SHOWS A SQUARE FEET AS WELL.
AND AGAIN, YOU KNOW, BEST ARGUMENT WE HAVE WITH REGARDS TO WHERE IT'S SITUATED, THE GARAGE, THE INTENTION WAS NOT TO CREATE MORE PARKING SPACES AT THE EXTERIOR OF THE GARAGE JUST TO ALLOW FOR EASE OF ROTATING THE CAR AS WE EXIT THE GARAGE.
AND OF COURSE WE CAN SUPPLY MORE DETAILED DRAWINGS TO SHOW THE CAR INSIDE THE GARAGE, IF YOU WILL, AND TO PROVIDE THAT DETAILED INFORMATION.
HOWEVER, IT'S SHOWN ON THE SITE PLAN WITH CERTAIN AMOUNT OF SQUARE FEET.
AND WITHIN THOSE SQUARE FEET WE DO HAVE THE, THE BANNER ROOM AND THE POOL EQUIPMENT ROOM.
WHAT DO PEOPLE DO, UM, THAT ACCESS THEIR HOMES ON THE DRIVEWAY WHEN THEY HAVE A LARGE GATHERING? WHERE DO PEOPLE PARK AT THIS PARTICULAR PROPERTY? I'LL, I'LL LET THE PROPERTY OWN THE DRAIN.
UH, WE ESSENTIALLY COMMUNICATE WITH THE OTHER NEIGHBORS ALONG THE DRIVEWAY AND WE, UH, WE HAVEN'T REALLY HAD ANY LARGE PARTIES AT THIS POINT.
WELL NOT YOU, BUT I'M SURE THERE ARE OTHER PEOPLE.
WELL IT'S PERHAPS THERE'S FOUR HOUSES THERE.
WE'VE NEVER HAD A CONDITION HAPPEN LIKE THAT, BUT MOST OF THE TIME SOMEBODY JUST ENDS UP PARKING AND, YOU KNOW, WE SHARE SOMETIMES LIKE MY NEIGHBOR ASKS ME IF SOMEBODY COULD PARK AT MY PLACE IF HE HAS GAS.
BUT WE HAVEN'T REALLY HAD ANY REAL LARGE GATHERS.
I'VE NEVER SEEN MORE THAN FOUR CARS THERE.
AND HOW LONG HAVE YOU HAD THE PROPERTY, SIR? UH, ABOUT THREE YEARS NOW.
AND AND YOU HAVE HOW MANY CARS? UH, WE HAVE FOUR CARS.
SO HOW DO YOU MANAGE THINGS NOW? IN GETTING IN AND OUT? WE HAVE A CAR IN THE ATTACHED GARAGE THAT EXISTS.
UM, AND THE REST OF THE CARS ARE JUST PARKED IN FRONT OF THE GARAGE.
IT BECOMES A LITTLE BIT OF A DANCE, YOU KNOW, MOVE ONE, BRING OUT THE OTHER.
THE TURNING IS, IS DIFFICULT WITH THE CURRENT DESIGN.
UM, UM, I SEE THAT YOU'RE GONNA TO CREATE SOME OF THIS PARKING SPACES.
YOU'RE GONNA, UM, REMOVE THREE LARGE TREES.
UH, DO YOU HAVE A PLAN TO REPLANT THOSE? YEAH.
SO MORE MAYBE AS PER THE OWNER, MAYBE MORE, MAYBE SOME AVIDS MAYBE GREEN GIANTS TO SCREEN EITHER ONE OF THE SIDE YARDS, PARTICULARLY THE ONE WITH THE NEIGHBOR.
THERE'S BEEN SOME CONVERSATION ABOUT A FENCE BETWEEN TRS PROPERTY AND THE NEIGHBOR TO THE RIGHT, IF YOU WILL.
SO THERE, THERE BEEN DISCUSSING A FENCE.
THEY'RE LOOKING AT DESIGN FOR A FENCE AS WELL.
SO IS THERE, IS THERE ANY SCREENING THAT
[02:05:01]
YOU FEEL WOULD BE NECESSARY? TYPICAL RECOMMENDATION, MOST OF THE PROJECTS ARE OFFICE DESIGNS WITH, UH, ON THE ARCHITECT AND THE ENGINEER.WE DESIGN MANY PROPERTIES WITH, UH, SCREENING.
PARTICULARLY, YOU KNOW, WHEN WE HAVE GOOD NEIGHBORS.
SO YOU KNOW, IF THEY'RE, IF WE BACK, IF WE REVERSE THE CARS SO CLOSE TO THEIR PROPERTY IN, IN ADDITION TO A FENCE, WE WOULD TRY TO EITHER RECOMMEND SCREENING ON THEIR SIDE OR OUR ON OUR SIDE AS WELL.
SO A FENCE AND AN ARBOR VARIETY OF MAYBE EIGHT TO 16 FEET TALL THAT MAY HELP, UH, A THREE FOOT DIAMETER OF COURSE.
SO WE CAN ALSO PROPOSE, WE CAN ADD FENCE, YOU KNOW, SCREENING AS WELL TO A FENCE TO OUR PROPOSAL TO MAKE SURE THE NEIGHBOR HAS BEEN THAT WE HAVE CONSIDERATION FOR THE NEIGHBORS.
I WOULD THINK THAT WOULD BE HELPFUL.
WELL YOU MAY HAVE ONE NEIGHBOR TODAY, NEXT YEAR YOU MAY HAVE A DIFFERENT NEIGHBOR DO THE NOTICE.
WE REALLY APPRECIATE THE, UH, RECOMMENDATION REGARDING THAT.
WE HAVE JUST EARLIER WE WERE DISCUSSING THE NEIGHBOR NEXT DOOR APPROACHED TRYING TO DISCUSS THE FENCE.
I HAVE A PRETTY GOOD RELATIONSHIP WITH MY NEIGHBOR.
I ACTUALLY ASKED HIM TO, I WANT HIS INPUT AND HIS WIFE'S INPUT ON THE TYPE OF FENCE I PUT UP THERE.
ESSENTIALLY ANYTHING THAT MAKES THEM FEEL MORE COMFORTABLE, I'M WILLING TO GO WITH.
SO IT'S, WE'RE WORKING TOGETHER ON THAT ASPECT.
I HAVE A QUESTION ON THE VEHICLES.
YOU SAID YOU HAVE FOUR OR MORE VEHICLES IN THE DRIVEWAY.
ARE THEY YOUR PERSONAL VEHICLES? YES.
OR ARE THEY BUSINESS VEHICLES OR THEY'RE PERSONAL VEHICLES.
THE PERSONAL ONE'S A PICKUP TRUCK.
IT'S A PERSONAL VEHICLE, BUT I USED TO GO TO WORK, NOT A MASSIVE PICKUP TRUCK.
OTHERS LIKE A, A TESLA MODEL Y RIGHT.
BECAUSE I SEE IN THE PICTURES THEY'RE HAVE SIGNS ON SOME OF THE VEHICLES THAT SAY CONTRACTING COMPANY.
ARE THEY YOURS OR ARE THEY DEFINITELY NOT.
UM, MY NEIGHBOR DID HAVE SOME WORK DONE AT HIS HOUSE.
LEMME SEE IF ANYONE IS IN THE AUDIENCE WANTS TO SPEAK.
WHAT'S THAT? WE WILL ADJOURN FOR OUR DELIBERATIONS AND WE WILL BE BACK RECORDING STOPPED.
SO WE CAN START OUR DELIBERATIONS NOW.
AND GOING BACK TO FIRST CASE THIS EVENING, 2205 LEY GAS.
WHOEVER WANTS TO JUMP IN ON THIS.
I KNOW WE HAD, UM, A POSITION BEFORE MY POSITION PRETTY MUCH THE SAME.
I JUST WANTED TO HEAR WHAT ELSE, WHAT OTHER INPUT WE HAVE HERE.
SO I JUST WANTED TO ADDRESS ONE THING BECAUSE IT WAS, UH, COMMENTS WERE MADE THAT WE WEREN'T ALL HERE ALL THE TIME.
UM, I WAS NOT HERE AT THE NOVEMBER MEETING, BUT I JUST WANT TO CONFIRM THAT I DID GO BACK.
WELL, YOU CAN DO THAT WHEN WE VOTE.
NO, WE DON'T INTEND TO VOTE TONIGHT.
BUT WE INTEND, WE, WE NEED TO HAVE SOME DISCUSSION IF YOU WANTED.
WE'RE NOT VOTING TONIGHT ON THIS.
HE SAYS HE DOESN'T INTEND TO VOTE TONIGHT.
WELL, IF WE COULD ALWAYS TAKE A STROLL VOTE, DO WE HAVE ONE? IF THERE'S NO DISCUSSION, OKAY.
I GUESS IF YOU WANNA DISCUSS SOMETHING, I FIND IT PRETTY, WHAT I FIND VERY CONVINCING IS THAT WHEN THE OWNER WANTED TO PUT IN A DECK AND HE, THE PROPERTY WAS NOT LARGE ENOUGH, HE'D HAVE TO GET A VARIANCE.
HE DECLARED THAT THOSE TWO PROPERTIES WERE ONE PROPERTY, SO THAT HE WOULD NOT HAVE TO GET A VARIANCE FOR THE DECK.
NOW HE WANTS TO UNDO THAT NOW THAT HE BUILT THE DECK AND CREATE TWO NON-CONFORMING PROPERTY.
YOU CAN'T PLAY PLAY THAT, THIS IT, THAT WAY.
IF HE CHOSE TO MAKE IT ONE PROPERTY, IT'S ONE PROPERTY.
AND MY ONLY PAUSE, NORMALLY MS. NORMALLY MR. ESCAL IS VERY GOOD, UM, HIS PRESENTATION.
BUT TO JUST SAY, YOU KNOW, IT'S GONNA BE WHATEVER IT IS.
I WAS HOPING THAT HE HAD HIS PLAYBOOK SET UP TO SAY, NO, DON'T WORRY ABOUT IT.
I KNOW THEY SAY 10 FEET, BUT THE WAY I'M BUILDING THIS WILL BE 40 FEET FROM IT.
AND HE'S NOW TALKING ABOUT CANTILEVERING OVER THE SEWER IF NEED BE.
SO IF IT DID NEED TO BE REPAIRED, WOULD HE DO RAISE THE HOUSE AND MOVE IT? SO
[02:10:02]
IF YOU WERE TO TAKE THE STRAW VOTE, MINE WOULD BE NAY.NOW, WHEN HE SAID CANTILEVERING NOT BEING AN ENGINEER OPPOSED TO ONE
SO YOU CAN, I DON'T KNOW, ADJUST LIBRE WOULD BE THAT IF THIS WAS THE FOUNDATION OF THE HOUSE, YOU BASICALLY BUILD THE ROOMS WHERE THEY WOULD BE OVER IT OVER THE GROUND.
THEY WOULD NOT BE TOUCHING THE GROUND.
I, I, I, I WOULD IT A STRAW VOTE BE NAY? HUH? I WOULD BE NAY.
ALSO, I, I THINK LIKE NAY, IT WAS POINTED OUT TO US THAT IT'S WE'RE TO WEIGH THE HEALTH AND SAFETY OF THE NEIGHBORHOOD VERSUS THE BENEFIT TO THE APPLICANT.
AND I THINK THAT IT DOESN'T REALLY CONFORM TO THE NEIGHBORHOOD.
UM, I AGREE WITH SHAUNA ABOUT THE DECK THAT, YOU KNOW, TO PUT THE DECK IN, IT WAS CONSIDERED ONE PROPERTY AND NOW IT'S, YOU KNOW, THREE BEING PUT PUT AND THEN TWO SMALLER PARCELS BEING PUT TOGETHER.
AND I, THE OWNER HASN'T REALLY SEEN A LOSS BECAUSE WHEN THEY SOLD THE HOUSE, THEY SOLD IT FOR MORE THAN THEY PURCHASED THE HOUSE FOR AND THE PROPERTY.
SO I, I WOULD SAY THE RISK HERE WITH THE SEWER PIPE AND JUST, UM, TO THE LOOK AND FEEL AND THE NATURE OF THE NEIGHBORHOOD, I WOULD SAY NO.
I, I'VE BEEN A KNOW FROM THE GET GO.
UM, MY WHOLE, UH, ISSUE WITH THIS IS THAT, UM, UH, IS REALLY JUST THE SIZE OF THE LOT.
I THINK IT'S, YOU KNOW, THEY, WHEN YOU LOOK AT THE OTHER PARCELS IN THE NEIGHBORHOOD, THEY ARE MOSTLY 7,500 SQUARE FEET.
THEY'RE, YOU KNOW, IF THIS WAS A NEIGHBORHOOD WHERE ALMOST, YOU KNOW, A PREPONDERANCE OF THE PROPERTIES WERE AROUND 6,000 SQUARE FEET, I MIGHT NOT HAVE AN ISSUE WITH THIS IN PARTICULAR.
'CAUSE THERE HAVE BEEN OTHER PROPERTIES WE'VE LOOKED AT WHERE, YOU KNOW, THE LOT WAS SUBSTANDARD FOR THE DISTRICT, BUT THE REST OF THE LOTS IN THE NEIGHBORHOOD HAD A SIMILAR PATTERN.
UM, YOU KNOW, EVEN THE LOT FRONTAGE, YOU KNOW, THAT DOESN'T CONCERN ME AS MUCH AS THE SIZE OF THE PROPERTY.
AND IN THIS CASE, I THINK THAT IT'S REALLY A LOT SMALLER.
IT'S 80, YOU KNOW, 80% OF, OF WHAT A STANDARD LOT WOULD BE.
SO, UM, THAT'S MY REASONING FOR DENYING.
UM, MY ONLY SENSE IS THAT THERE'S A PROPERTY THERE NOW THAT IS JUST GONNA CONTINUE TO BE VACANT AND APPARENTLY UNCARED FOR, NO, THE, THE TOWN CAN DO SOMETHING ABOUT THAT.
YOU HAVE TO TAKE CARE OF YOUR PROPERTY.
YOU CAN'T JUST LET IT GO WILD LIKE THEY HAVE BEEN DOING.
THAT WOULD BE, YOU KNOW, A GOOD, WELL, THEY COULD MAKE IT INTO A TOP OUTCOME.
SO WHO SAID YAY BEFORE? NAY? NAY? I DON'T KNOW.
I, I, I SAID NO FROM THE VERY BEGINNING.
I THINK WE DIDN'T HAVE THE ATTORNEY.
WE DIDN'T HAVE ENOUGH PEOPLE IN THE BEGINNING SAID THAT, UM, IN THE PAST WE DID A STRAW VOTE AND THERE WERE TWO YAYS, AND I DON'T REMEMBER, I DON'T RECALL THAT, I DON'T RECALL DOING A STRAW VOTE BECAUSE I KNOW I DIDN'T.
I, I, I REMEMBER ROWAN WAS HERE FOR THE LAST ONE AND HE WAS WITH ME.
NAY, I DON'T REMEMBER IF THERE WAS SOMEBODY WHO WAS, WAS THAT IN NOVEMBER? NO, IT WAS LIKE YEAR AGO WHEN WE VERY FIRST DELIBERATED.
ALL RIGHT, WELL, YEAH, NO, ULTIMATELY IF THERE WERE, UM, STRAW VOTES THAT WERE LEADING TO A DECISION, YOU WOULD'VE CLOSED FOR DECISION.
SO, UM, JUST NO, WE WEREN'T, I DON'T THINK, AND THAT'S NOT THE CASE.
CLEARLY THIS BOARD IS NEVER CLOSED FOR DECISION, RIGHT? NO, IT WASN'T.
SO CAN WE JUST, CAN WE VOTE ON IT TONIGHT? JUST WANNA POSE A QUESTION, UM, TO THE BOARD.
UM, THE, THE APPLICATION IS TWOFOLD.
[02:15:01]
HINDSIGHT, PERHAPS WE SHOULD HAVE DISCUSSED THE FIRST PART OF THEIR REQUEST.UH, AND THAT IS THE APPEAL, UM, ON WHETHER OR NOT, UM, VARIANCES ARE NEEDED AT ALL.
SO I, I DO THINK THAT, UM, THE, THE BOARD SHOULD WEIGH IN ON THAT AS WELL.
THERE SHOULD BE VARIANCES INVOLVED.
JUST, JUST WANTED TO MAKE SURE AND HAVE THE BOARD MAKE SURE THAT YOU DISCUSS THAT.
AND, UM, WE SHOULD PROBABLY STROLL PAUL STRAW POLL THAT AS WELL.
SO YOU NEEDED, WHEN YOU SAY YES, I JUST WANNA BE CLEAR, JUST BE ABSOLUTELY CLEAR.
UM, THOSE ARE UNANIMOUS THAT THE BOARD FEELS THAT, UM, THE SITE DOES REQUIRE AREA VARIANCES.
NOW, SO BASED ON THAT, I SOUNDS AS IF, UM, WE'RE GOING TO LOOK TOWARDS A CLOSE FOR DECISION.
THEN WHAT WE'LL DO IS BEFORE THE ACTUAL VOTE NEXT MONTH, WE'LL SEND OUT ALL THE TRANSCRIPTS FROM THE PREVIOUS HEARING, JUST SO THAT YOU HAVE THEM BEFORE YOU HAVE TO VOTE ON THE FINAL DECISION.
IS EVERYBODY GONNA BE HERE? YEAH.
IS EVERYONE GONNA BE HERE NEXT MONTH? SHOULD BE, SHOULD BE.
AND WE HAVE HOW I WILL, UH, WHAT'S THE DATE OF THAT? PARDON? APRIL 20TH WHAT? APRIL 20TH.
I, I, I'M GONNA HAVE TO DO THAT REMOTELY.
WELL WE HAVE SIX MEMBERS, SO, OKAY.
HOPEFULLY WE HAVE A QUORUM NEXT.
NEXT IS SS AND J SERVICE CENTER.
UH, I NEED A BETTER VISUAL RENDERING.
SO, DO YOU NEED A, OKAY, SORRY ABOUT THAT.
I NEEDED A BETTER, UH, RENDERING, A VISUAL RENDERING OF WHAT THAT CANOPY WOULD ACTUALLY LOOK LIKE.
I MEAN, DO WE REALLY, DO YOU, I, I THINK IF YOU GUYS OKAY WITH, I MEAN, IT'S JUST A GAS IS A GAS, IT'S A CANOPY OVER GAS, GAS BUMPS.
I MEAN, DO WE REALLY NEED ANY MORE PICTURE OF IT? I KNOW WE DISCUSSED THIS BEFORE, BUT I FORGOT WHAT, WHAT IS THE HEIGHT OF WHAT WE'VE BEEN THOROUGHLY APPROVING? I THINK WITH THIS ONE, I THINK THIS ONE MORE SO IS NOT THE HEIGHT THAT I'M CONCERNED ABOUT.
IT'S, UM, PROXIMITY TO THE ROADWAY INTO THE SIDEWALK.
THIS ONE WILL BE ONE OF OUR CLOSEST.
I THINK IT'S DETERMINED BY WHERE THE PUMPS ARE.
THEY'RE NOT MOVING THE PUMPS, SO, OKAY.
I MEAN, IT CAN'T GO ANYWHERE ELSE.
I MEAN, I GET WHAT YOU'RE SAYING, BUT THEY, THAT WAS THE ONLY, WE ASKED THEM FOR THAT, AND THEY STILL HAVEN'T GIVEN IT TO US EXCEPT FOR A PICTURE OF A CANOPY, WHICH I KNOW WHAT A CANOPY LOOKS LIKE.
UH, IT'S UP TO EVERYBODY ELSE.
WHO, WHAT DO YOU THINK? I DON'T HAVE A PROBLEM.
IT'S JUST THE CANOPY THEY TOOK AWAY THE, UH, THE THIRD SIGN, WHICH WAS A PROBLEM.
WE DON'T APPROVE THESE KINDS OF CANOPIES BEFORE, SO YEAH.
SO DOES ANYBODY WANT TO WRITE THIS UP? CANOPY? MM-HMM.
WANT ME TO WRITE IT OR DID YOU, WHO WILL? I CAN WRITE IT.
LOU, YOU WANNA WRITE IT? LOU WILL DO IT.
JUST WRITE, EVERYBODY'S WRITING IT UP.
YOU WANNA WRITE IT UP? JUST WRITE WHAT YOU THINK YOU HEARD
THAT'S NOT, THAT'S WHAT, THATS, YES.
[02:20:04]
ALL RIGHT.UM, YOU MOVE THE FOLDERS BACK.
THAT'S ONE 28TH FLORENCE AVENUE.
DID EVERYONE GET AN OPPORTUNITY TO READ? UM, YEP.
ANY CHANGES? DID SOMEONE SAY TYPO? I DIDN'T SEE IT.
WHAT ARE WE ON? UM, WELL I NEED A COPY OF IT BECAUSE I LEFT MY, I'M TRYING TO OPEN IT RIGHT NOW.
YOU'LL HAVE, YOU'LL HAVE A COPY FOR US.
WE'RE GONNA PRINT YOU OFF A COPY.
IS IT? WELL, WE GOT THE ONE TITLE.
NO, JUST PRINT IT OUT, DON'T WORRY.
OH, MR. DESSI, THIS IS NOT, UM, STENOGRAPHER PORTION, SO I APOLOGIZE, UM, FOR NOT REMINDING YOU OF THAT.
UH, YOU CAN TAKE A BREAK AND, UH, CHECK BACK IN, IN A LITTLE BIT.
OH, THIS IS NOT ON THE RECORD? NO.
UM, I'M GONNA PUT MY CELL IN THE CHAT AND YOU SHOULD TEXT ME AND THEN I'LL, I'LL TEXT YOU WHEN WE NEED YOU.
SO CAN WE MOVE ON NOW TO BJ'S? YES.
B AND I STILL HAVE NOT CHANGED MY MIND, BUT GO AHEAD.
WHAT IS YOUR, WHAT DO YOU THINK THAT WHAT, WHAT REALLY SOMEWHAT ANNOYED ME WAS THE WAY IN WHICH THEY PRESENTED IT, BECAUSE THAT'S WHAT I, I RAIL AGAINST THAT, JUST USING IT FOR ADVERTISEMENT PURPOSES IS NOT, YOU KNOW, AN APPROPRIATE WAY TO LOOK AT IT.
BECAUSE THERE ARE MANY MUNICIPALITIES WHERE SIGNAGE IS MINUTE MM-HMM.
SO DON'T FEEL THAT THEY SHOULD HAVE A STACK SIGNAGE? NO.
SO I, I THINK WE'RE HERE TO DETERMINE WHAT SIZE IT SHOULD BE.
TO ME, THE, UH, I, WHEN I, WHEN I, WHEN YOU DRIVE DOWN CENTRAL AVENUE, YOU KNOW WHERE STOP AND SHOP IS.
NOT STOP AND SHOP, UH, SHOPRITE ONCE YOU CROSS OAKLAND, GET TO LAS VEGAS
BUT I WAS, I WAS USING LAS VEGAS, THE SHOPRITE SHOPPING CENTER AS THAT IS A, A VERY DEEP RIGHT.
PARKING, I MEAN, I MEAN IT'S, THEY'RE WAY OFF THE STREET AND IT'S, YOU KNOW, EVERYBODY DOES THEIR BUSINESS AND LIFE GOES ON.
AND I, I JUST, YOU KNOW, WHEN YOU LOOK AT CENTRAL AVENUE COMPARED TO TARRYTOWN ROAD, I THINK THAT, YOU KNOW, YOU DON'T NEED TO, I I WAS AGAINST THE SIGNS AS THEY ARE MM-HMM.
[02:25:01]
WE, WE ALL LEARNED OUR LESSON ON THAT ONE.
BUT NOW THAT THE PRECEDENT IS SET, YOU HAVE TO, WELL, IT'S NOT A PRECEDENT SO MUCH AS IT IS, BUT I AGREE WITH YOU.
I KNOW, BUT I FEEL LIKE THE REST, IT'S SO HERE, HERE, I THINK THE REST OF THAT AREA IS, YOU KNOW, I, I THINK I, I TOTALLY AGREE WITH YOU.
LAST WEEK, I WASN'T, I THINK THE PRESENTATION WAS VERY, VERY DIFFERENT.
UM, AND WHEN I LOOK AT LIKE THE, THE 15 AND THE 20% THAT THEY PRESENTED, LIKE THE BJ'S ON, ESPECIALLY ON THE 20% IS REALLY WITHIN THE SIX FEET.
THE ONLY THING THAT IT'S, YOU'VE GOT LIKE FIVE INCHES WAS REMEMBER THEY HAVE THAT LITTLE CHECK, RIGHT.
AND IF YOU ACTUALLY LOOK AT THE PICTURE OF THE SIGN, THERE'S THAT WHITE CHECK THAT GOES ABOVE THE CASE.
SO I WOULD BE COMFORTABLE WITH THAT.
AND THEN HAVING THE WHOLESALE CLUB IN TWO FEET UNDERNEATH, I MEAN, THERE IS A READABILITY ASPECT OF WHOLESALE CLUB FROM THE STREET.
LIKE IF IT GETS SMALLER THAN TWO FEET, YOU'RE NOT GONNA BE ABLE TO READ IT.
AND IT IS ACTUALLY QUITE FAR FROM TARRYTOWN ROAD AT THAT POINT.
SO I, I WOULD BE, I WOULD BE COMFORTABLE WITH THAT ONE 20%.
I MEAN, I, I WOULD BE OKAY WITH 15% TOO, BUT I DON'T THINK WE HAVE TO STRETCH IT.
TO ME, THERE WASN'T REALLY A VISIBLE DIFFERENCE BETWEEN 15 AND 20%.
AND THEY DID BRING, LIKE, SO, LIKE, IT WAS FURTHER SPACED LIKE THAT, AND THEY BROUGHT IT CLOSER TOGETHER TO REDUCE THE SIZE.
I ALSO THINK THAT WHEN YOU LOOK AT BJ'S ON THE WHITE BACKGROUND TODAY, IT DOES ACTUALLY LOOK VERY LOST.
I MEAN, WHEN I DROVE BY IT, IT, IT AESTHETICALLY IS NOT PLEASING.
I LOOK, I DON'T, I DON'T LIKE THE RED AGAINST THE, THE WHITE.
THE, WELL, I THOUGHT THAT THE WHITE AGAINST RED IS MUCH MORE PLEASING, BUT THAT'S JUST THE WAY I LOOK AT THINGS.
SO YOU SAID YOU LIKED A 10? UH, I WOULD KNOW THE 15 OR THE 20.
I WOULD, I WOULD BE OKAY WITH EITHER ONE OF THOSE.
'CAUSE THEY'RE UNDER, THEY'RE, THEY'RE NOT THAT MUCH HIGHER THAN THE SIX FEET FOR BJ'S, BUT IF, YOU KNOW, PROBABLY THE SMALLER, THE BETTER.
SO THE 20% IS PROBABLY THE BEST OPTION.
I MEAN, REALLY WITH THAT, HAVING BJ'S IS WITHIN WHAT THEY CAN DO.
IT'S SIX THAT, THAT RED BOX IS SIX FEET AT THAT POINT.
IT'S ANYTHING OUTSIDE OF IT THAT BECOMES, YOU KNOW, WHERE THEY NEED THE VARIANCE.
WELL, I THINK YOU SHOULDN'T IGNORE THE NEIGHBORHOOD, YOU KNOW, THE CIVIC ASSOCIATIONS, RIGHT.
UM, AND I, I THOUGHT THEIR ARGUMENT ABOUT LIKE A SMALLER SIGN.
PEOPLE THINK IT'S A MINI STORE THAT WAS, YOU KNOW, TALK A BIT OVERTHINKING.
I DON'T THINK PEOPLE DRIVING BY ANALYZE IT THAT MUCH.
UM, I, I WOULD SAY NO BIGGER THAN THE 20% REDUCTION IN MY VIEW, ANALYZES IT THAT WAY AT ALL.
YOU SEE THIS HUGE STRUCTURE AND YOU SEE THE SIGN IN THE MIDDLE.
IT'S ALL A MATTER OF AESTHETICS AND HOW THE SIGN FITS IN THAT WHITE DROP.
AND I'VE ALREADY TOLD YOU THAT I THOUGHT THE 15%, WELL, YOU TOLD ME, YOU HAVE TO TELL EVERYBODY ELSE HERE,
SO AS I TOLD EVE
IT'S NOT OVERWHELMING AS THE FIRST, UM, OFFERING WAS.
AND THE 20% SEEMS JUST A TAD TOO SMALL.
I AGREE WITH YOU, BUT I WOULD BE COMFORTABLE APPROVING EITHER ONE IF OTHER PEOPLE WOULD FEEL THAT THE 15 IS TOO BIG AND WOULD ONLY APPROVE THE 20.
I THINK 15 IS THE BEST OPTION.
I WOULD AGREE WITH THAT AS WELL.
I'M JUST LOOKING AT LIKE, THE MEASUREMENTS OF THESE OTHER STORES AND YEAH, I WAS GONE WITH THE 5%, BUT THAT'S OKAY.
I FEEL LIKE THE SIGN IS YELLING AT ME AT 15 AS IT GETS BIGGER.
IT'S JUST SOMETHING, ALL THE SIGNS IN THAT WALL YELL AT YOU.
SO YES, THAT WAS MY FAULT TOO.
SO THE DIFFERENCE BETWEEN THE 10 AND 15, IF YOU LOOK AT IT IN THE WORDS, IS TWO INCHES ON WHOLESALE CLUB AND FIVE INCHES ON BJ'S.
[02:30:01]
I MEAN, YOU'RE NOT, IT'S NOT A LOT.YOU KNOW, WE STILL HAVE SOME ROOM ON THE END OF THAT PROPERTY WHERE IT'S JUST GEESE RIGHT NOW THAT THEY'RE GONNA BUILD SOMETHING ON AND THERE'S GONNA BE MORE.
AND THERE'S GONNA BE MORE SIGNS EVENTUALLY, WHICH WELL, YES.
WHERE IF YOU THINK OF WHERE, UH, D S W IS YEAH.
SO IT GOES ALL THE WAY TO THE CORNER THERE.
THE THOUGHT NUMBER EVEN, I MEAN, WHERE IT SPLITS, WHERE YOU HAVE THIS SIGN, DOBBS FERRY ROAD GOES INTO YEAH.
DOS FERRY, ROAD WIDTH, WIDTH SIGN AREA.
AND EVEN THOUGH THEY'RE WITHIN THE, THERE'S, BUT I GET WHAT YOU'RE SAYING, THE HEIGHT OF WHAT THEY LIKE, THAT ONE LOOKS RIDICULOUS TO ME.
THIS ONE OR THIS ONE? THIS SUPERSTORE? YES.
BECAUSE THIS IS SO SMALL BECAUSE THERE'S NO, THERE'S NO, UM, WHITE SPACE ABOVE OR BELOW THE SIGN.
THEY'VE USED UP THE WHOLE AREA.
WHEREAS BJ'S, THERE'S STILL WHITE SPACE ABOVE AND BELOW THE SIGN.
SO SHOULD WE DO A STRAW VOTE? 5, 10, 15, 20? WHICH ONE? I'M, DO WE'RE I'M 15.
SHAUNA, I, I, I'M LIKE 20 OR WITH EVE THAT THE REAL, THE LAW.
I, I JUST, I JUST THINK EVEN 20 IS SCREAMING AT ME, BUT I, I'M, I, I'D BE WILLING TO GO TO 20.
I DIDN'T SAY 20, BUT I WAS GOING AS SMALL AS I WELL, 20 IS THE LARGEST.
DO WE WANNA BE UNANIMOUS AT OR JUST GO WITH FOUR 15? NO, YOU GUYS CAN VOTE FOR WHAT YOU WANT.
WHAT? I MEAN, WE GOT FOUR AT 15.
HOW DO, I DON'T KNOW HOW WE WRITE THAT.
WHAT? WE HAVE TO APPROVE IT AT THIS DRAWING.
WILL THAT IMPACT THE STACK TYPE? BECAUSE SHE DEALING WITH, YOU KNOW, DIFFERENT SIZE LETTERS.
I THINK IT'S THE LOWER THOUGH.
THE 15 IS THE SIX 10 AND, UH, STACK TIGHT IS TEN NINE.
THE 15 IS WHAT? TEN NINE 15% IS SIX 10 ON THE, UH, BJ'S.
WELL, I KNOW THAT, AND I KNOW THE STACK TIGHT WOULD BE 10 FOOT, NINE INCHES.
WHERE DO YOU SEE THAT? I DON'T SEE THAT IN HERE.
10.9, UH, 10 FEET, NINE INCHES.
WELL, IT WAS PERMITTED AS SIX.
IT'S, IT'S, IT'S, IT'S, IT'S BOTH STACKED IN ONE SIGN IS S SIX.
THEY'RE BOTH, THEY'RE ONE AND THE SAME.
HE DID SHOW A ZONING COMPLIANT ONE THAT, YOU KNOW, YOU COULD NOT DECIPHER.
AND ONCE YOU GET TO THIS LEVEL TO AVOID A STACK TIGHT VARIANCE, HE WOULD LITERALLY WOULD HAVE TO PUT WHOLESALE CLUB ON THE BEIGE WALL.
SO THAT'S EXTREME, YOU KNOW, THAT, THAT WOULDN'T WORK.
SO WORK, I THINK, YOU KNOW, IT'S JUSTIFIED.
WHAT, WHERE ARE YOU GUYS? FOUR FOR 15.
FOUR FOR 15, THREE AND A HALF FOR 20.
DOES IT, UM, IS THIS CLOSED FOR DECISION ONLY OR ARE WE GONNA WRITE IT UP? NO, IT SHOULD THIS YOU CAN, YOU SHOULD BE ABLE TO WRITE UP WHO'S GOING TO, UH, RECITE THIS ONE.
YOU WANT THIS ONE, DIANA? UM, WELL, I'LL WRITE IT UP, BUT ARE WE GONNA DO THAT? ARE WE GONNA DO FINDINGS ALSO, OR WE, YOU
[02:35:01]
CAN SEND THE FINDINGS IN TOMORROW CONSISTENT WITH, WITH WHAT YOU ALWAYS DO.SO DO YOU HAVE THE FIRST HALF OF IT? YES.
OH, SO WE DON'T HAVE TO DO FINDINGS? DON'T DO FINDINGS.
THERE'S A LOT OF MATH ON, AND I HAVE TO TRY TO, AND I HAVE TO GO BACK TO THE FILES AND LOOK TO SEE WHAT THE HEIGHT IS IN BETWEEN THE BJ'S AND THE WHOLESALE CLUB.
SO I HAVE A FULL HEIGHT AND THAT'S NOT ON HERE.
THEY HAVE THESE SMALL IN THE FIRST ONE, AND IT'S 10 FEET, NINE INCHES IS THE WHOLE STACKED.
WHICH IF THEY CONVERT THE INCHES INTO THE, SO NEXT IS AL ABRAMS 2301.
THAT IS TAKING AWAY THE KITCHEN STEPS THAT GO OUTSIDE AND PUTTING THE KITCHEN THERE.
I DO NOT HAVE A PROBLEM WITH THIS STANDARD CONDITION, NOR DO I, I THINK IT'S FINE.
THERE WAS NO, UH, SCREENING NEEDED.
NO, IT'S ALREADY SCREENED, BUT IT'S YEAH, RIGHT THERE.
I WRITE EITHER THAT ALL GO READ IT.
OH, READ IT, READ AND THEN GIMME THE NEXT TWO.
HOW ABOUT THAT? I'VE BEEN AWAY FOR A MINUTE.
OH, YOU WANT ME TO DO THIS ONE? WHICH ONE? THE KITCHEN.
YOU SAID YOU WANTED THE ONE IN THE NEXT TWO.
ALRIGHT, I'LL, THE OTHER ONE'S AN ENVIRONMENTAL.
THAT'S WHAT I, THAT'S WHAT I HEARD.
THE NEXT TWO, THOSE ENVIRONMENTAL CONCERNS ARE, YOU WANT THE GENERATOR, RIGHT?
HOW ABOUT THE NEXT THREE? OKAY.
I DON'T LIKE ANY OF THE NEXT THREE.
WAIT, HE DOESN'T WANT ANY OF THE NEXT THREE.
I DON'T LIKE ANY OF SAY NO TO ALL THREE.
OKAY, SO NEXT IS, UM, WAIT, WHO'S DOING THIS ONE? YOU'RE DOING THE KITCHEN.
HOW DO ALL FOUR? DOESN'T MATTER.
WE'RE NOT GONNA DO 'EM TONIGHT ANYWAY.
WE'RE JUST GONNA READ AND DO THE FINDINGS FINE.
SO YOU, IF YOU DO KITCHEN, I'LL DO KITCHEN.
UH, ABRAMS IS, WHICH ONE? THAT'S ME.
I THINK THEY SHOULD HAVE A BETTER IDEA OF WHAT THEY'RE GONNA PUT THERE BEFORE WE APPROVE OR DON'T APPROVE.
WELL, AND THEY SHOULD FIND OUT WHAT THEIR NEIGHBORS THINK.
THEY JUST DIDN'T BRING A LETTER.
THEY'RE GETTING, THEY'RE GETTING THE SAME COMPANY WHO DID THE NEIGHBORS ACROSS THE STREET TO BE THEIRS.
I FELT LIKE THEY NEEDED, SO I'M NOT OPPOSED TO THIS, BUT I FELT, I, I FEEL A LITTLE LIKE SHAUNA, THAT WE DON'T KNOW WHAT WE'RE PROVING.
LIKE YOU'RE, YOU'RE PROVING THE SIDE YARD SETBACK, THAT'S ALL.
NO, BUT ARE YOU APPROVING A GENERATOR THAT'S 10 FEET BY 15 FEET, OR ARE YOU MOVING, APPROVING SOMETHING TWO FEET BY FOUR FEET? I'M JUST APPROVING THE SIDE YARD SETBACK.
BUT IT DOES NOT DEPEND ON THE SIZE OF THE GENERATOR.
IF IT FITS IN THAT SIDE YARD SETBACK, IT HAS TO FIT.
LIKE WHAT? WELL, WHAT ARE WE TALKING GENERATOR? YEAH.
WE'RE, I KEEP TRYING TO STAY IN THE SIDE YARD SETBACK, BUT THEY'RE GOING INTO THE GENERATION.
THEY'RE GONNA PUT SOMETHING AROUND IT.
BUT IF THAT'S JUST NO, THEY DON'T.
I MEAN, THEY WANT, I HAVE AIR CONDITIONING UNITS THAT DON'T HAVE ANYTHING AROUND THEM.
YOU'VE NEVER SEEN, BUT YOU DON'T HAVE TO HAVE THEM.
[02:40:01]
I HA I, I HAVE.THAT'S WHAT YOU'RE TALKING ABOUT, RIGHT? MM-HMM.
I HAVE JUST PUT THEM ON A PAD AND TURN THEM ON THE, I JUST WANNA SAY THAT THEY'RE NOT THAT FAR FROM ME, AND I'M JUST REALLY GLAD THAT MY POWER HAS NOT GONE OUT LIKE THAT.
I HAVEN'T, I'M NOT GOING, HAVEN'T IN SEVEN DAYS.
I HAVEN'T LOST POWER SINCE SANDY SEVEN, BUT I WAS OUT FOR TWO WEEKS, ONE SUMMER, NOT TOO LONG AGO.
I STILL HAVE, USUALLY WHEN YOU DISCUSSING THINGS, THE ISSUES ARE SOUND MM-HMM.
SOMETHING YOU COULD DO TO MITIGATE THAT.
IN THE CASE OF A GENERATOR, THEY'RE LOUD.
IT'S HOW TO KEEP YOUR NEIGHBORS OUT OF YOUR HOUSE
I THINK THE PROPERTY, I THOUGHT ALL YOU HAD TO DO WAS LET THEM WORK THEIR LAPTOPS FROM THEIR CARS AND USE YOUR INTERNET.
THAT'S HOW WE GET WHEN PEOPLE STOP IN FRONT OF US ALL THE TIME TO USE THEIR INTERNET.
TO USE YOUR INTERNET IN YOUR OFFICE.
HOW CAN THEY COME? BECAUSE IT'S HOT SPOT.
WELL, IF WE'RE NOT GOING TO PUT ANY CONDITIONS ON IT, LIKE SCREENING OR ANYTHING, WHO WANTS TO WRITE THIS ONE OFF? FROM WHAT I SAW, I DID AN AERIAL.
I THOUGHT THERE WAS SCREENING BEHIND BETWEEN THE TWO PROPERTIES ALREADY.
THERE WERE GAR BODIES OR SOMETHING.
I THINK BETWEEN OR SOME TYPE OF TREES THERE IS.
BUT THE QUESTION IS, DO YOU WANT, IS IT GONNA BE ENOUGH? DO YOU WANT THE, UH, HOMEOWNER TO PUT IT UP? SO YOU WANNA HOLD IT OVER AND ASK SOMETHING? CAN DO SOME SCREENING? YEAH, WE CAN DO THAT.
YOU DON'T HAVE TO HOLD IT OVER TO THAT.
YOU CAN CONDITIONS, IF YOU'RE GONNA GRANT IT, THAT THERE'S ADEQUATE SCREENING, SCREENING INTO THE SATISFACTION OF EITHER OFFICER OR WHOEVER, WHATEVER.
THESE THINGS ARE NOT UGLY SOUND, BUT DON'T YOU HAVE TO GET TO THEM TO SERVICE THEM? EXCUSE ME? DON'T YOU HAVE TO GET TO THEM TO SERVICE THEM? UM, NOT VERY OFTEN.
AND LET'S, LET'S REALIZE IT, THE ONLY THING, THE ONLY TIME THESE ARE GONNA COME ON IS WHEN THE POWER GOES OUT.
IT'S NOT LIKE IT'S SOMETHING UNIT THAT COMES ON LIKE 3, 4, 5 TIMES A DAY.
THIS WILL COME ON ONCE EVERY BLUE.
AND EVEN IF THEY HAVE SOMETHING AROUND THEM, THEY'RE LOUD.
THAT'S JUST ARE THEY, ARE THE ONES THAT ARE GAS HOOKED UP TO YOUR GAS LINE AS LOUD AS THE GAS, GASOLINE GENERATORS? NO.
AREN'T THEY'RE MORE LIKE A AC UNIT? YEAH.
NO, BUT YOU CAN HEAR 'EM LIKE I CAN HEAR IT'S LIKE A HUM.
WHEN OUR POWER GOES UP, I CAN HEAR LIKE, EVERYBODY'S GENERATOR, NO CONDITIONS.
THAT'S BECAUSE YOUR TV IS OFF
SO WHO'S WRITING THAT ONE UP? OR WHO'S GONNA RECITE THAT ONE, SIR? MIND, JUST, JUST GIMME THE NEXT LITTLE AS QUICK AS POSSIBLE.
WHAT WAS IT? COLD GENERATIONS.
I DON'T KNOW, BUT I THINK ITS GREAT.
SO MOVING ON TO LIBERTY, COCA-COLA.
ANY COMMENTS? I THINK IT'S GREAT.
THAT'S ALL I HAVE TO SAY AS WELL.
I, I DIDN'T THINK WE'D BE ABLE TO APPROVE THIS TONIGHT.
I FIGURED LIKE, OH, THERE'S GONNA BE SOMETHING WAITING, BUT I, I'M READY TO SAY YES.
THE ONLY CONCERN I HAD WAS I ABOUT WAS THE, THE STAINLESS SEAL, BUT SOMETHING BOUNCES OFF OF IT.
I DON'T THINK IT'S GONNA MIKE SUNLIGHT.
THERE'S YEAH, THERE'S NOBODY YEAH, IT CAN BOTHER EXCEPT THE RIGHT PATH THAT'S RIGHT BEHIND IT.
IT CAN BE PAINTED ANY COLOR YOU WANT.
OH, I KNOW THAT, UH, WHEN WE PUT IN THE, UH, WATER ON, UH, I FORGET THE NAME OF THE, UM, THERE WAS A LOT OF DISCUSSION TO WHAT WOULD BLEND IN, YOU KNOW, EITHER AGAINST THE SKY MM-HMM.
[02:45:01]
PREPARED TO SUGGEST A COLOR.BUT RECENTLY, AS PER THE AMACO STATION, THEY WANTED TO PUT A CO SIGN ON IT.
I I THOUGHT THE TOWERS WERE KIND COOL LOOKING AND THEY
I THOUGHT THEY WERE VERY COOL.
I, I'M IN TOTALLY IN FAVOR OF IT.
WELL WE COULD, WE COULD USE SOME KIND OF LANGUAGE TO THE EFFECT THAT IT SHOULD NOT.
UH, I, I DON'T KNOW THE RIGHT WORDS.
SHOULD WE LEAVE THAT UP TO ED COLOR? NO, NO, NOT COLOR.
OH, THAT IT, IT SHOULD NOT THAT THE, WHATEVER THE, THEY ALREADY HAVE LOGOS ON THE BUILDINGS, SO COKE.
SO IF THEY NEED MORE SIGNAGE, THEY'D HAVE TO COME BEFORE NO, NO, I'M TALKING ABOUT SIGNAGE.
I'M TALKING ABOUT NO, THEY HAVE A COLOR THAT MESHES WITH THE SURROUNDINGS.
DO YOU WANT US TO LOOK LIKE THE, UH, PHONE TOWERS THAT LOOK LIKE PINE TREES TOWER, PUT BRANCHES ON IT AND MAKE IT GREEN?
I, ON THE HUTCHINSON RIVER PARKWAY, I WOULD JUST LEAVE IT.
YEAH, BECAUSE IT, IT SAID CHROME COLOR, RIGHT? YEAH, STEEL.
I THINK THAT'S STAINLESS STEEL CAN BE VERY HARSH WHEN THE SUN HITS IT SOMETIMES.
LIKE THAT NEW BUILDING COMING OUT OF WHITE PLAINS BY THE TRAIN STATION.
IT'S GOING TO BE NICE, BUT WHEN THE SUN HITS IT, IT BLINDS THE HELL OUTTA YOU.
GOING TOWARDS, UH, COMING BACK THIS WAY.
ARE YOU KEEPING MY EYE ON IT? YES.
UM, YEAH, SO WE'RE ALL FOR THAT ONE.
ARE WE, ARE WE WRITING THIS UP OR IS THIS CLOSE FOR, WHY DON'T WE JUST WRITE IT UP? IT'S A LOT OF WRITING.
I MEAN, I WOULD WRITE IT, BUT I CAN'T, I WOULD WRITE IT TOMORROW.
I'M WRITING, I'M GONNA JUST COPY WHAT THEY WROTE, BASICALLY WRITING THIS ONE.
I'M, I'M GONNA LITERALLY COPY.
THEY WOULD BE HAPPY TO SEE THAT THEY COULD MAYBE GIMME THE WORD VERSION OF THIS.
DID WE APPROVE THE, UH, GENERATOR? WHAT? DID WE APPROVE THE GENERATOR? YEAH.
I JUST, I JUST DIDN'T, THEY SAID YOU WERE WRITING THAT ONE.
I MUST SAY FOR THIS, FOR THIS LAST ONE, WHEN I FIRST SAW IT, I THOUGHT THEY WERE OPENING A HOTEL.
WHY DO THEY NEED 20, 30 PARKING SPACES? I DON'T GET IT.
ED, DID YOU JUST SAY, THIS HAS TO BE RENO.
RENO, SO WE CAN'T DO ANYTHING TONIGHT, ANDREW.
BUT IF THERE ARE QUESTIONS, UM, WE WOULD, WE, WE WOULD WANT TO OBTAIN THEM TONIGHT.
I WOULD SAY WE, FROM THE DELIBERATIONS, YOU KNOW, THERE WERE QUESTIONS ABOUT LANDSCAPING AND POTENTIAL FENCING, AND IT WOULD BE HELD, I'M SORRY, FROM THE, UH, TESTIMONY.
AND YOU, IF YOU GONNA PUT THIS IN A LETTER TO THEM.
AND IT WOULD BE HELPFUL IF THEY WOULD DEMONSTRATE THE EXACT SQUARE FOOTAGE OF THE, UM, DRIVEWAY PAD THAT THEY'RE TRYING TO HAVE INSTALLED.
THE DRIVEWAY, WHAT? THE DRIVEWAY PAD THAT THEY'RE ACTUALLY INSTALLING THE DRIVE, THE AREA OF THE DRIVEWAY THAT THEY'RE INSTALLING.
WE CAN HAVE THE, UM, DRAWING, HAVE SOME COLORATION.
SO YES, LIKE A HASH LITTLE MORE SENSE.
IT WAS A LITTLE, LITTLE DIFFICULT TO READ.
AND, AND MAYBE THE FLOOR PLAN OF THE ACCESSORY STRUCTURE SHOWING THAT IT'S TWO CARS AND NOT SEVEN.
WELL, THEY WOULDN'T GET A PERMIT FOR SEVEN ANYWAY.
I MEAN, I, YOU KNOW, I JUST, YOU KNOW, IT'S, IT JUST, IT'S OPEN TO QUESTION, YOU KNOW, KAREN, YOU KNOW, WE HAD THAT OTHER THING THAT WAS ON THE DEAD END STREET AND THEY SHOWED YOU THEY NEEDED IT BECAUSE OF THE TRUCK, THE FIRE TRUCKS BACKING OUT AND STUFF LIKE THAT.
I WONDER IF THEY COULD SHOW US, LIKE, WHAT IS IT THE TURNING RADIUS THAT THEY THINK THEY REALLY NEED IN THAT LARGER DOCUMENT? THEY HAD, THEY
[02:50:01]
DID KIND OF LIKE A THREE D RENDITION OF THE CAR COMING AND GOING IN AND OUT OF THE, UH, GARAGE AREA SHOWING INSIDE THE PACKET.ON THIS ONE, I, I DON'T KNOW IF YOU'VE GOT THE READ, UM, THE EDITED VERSION OF THE REQUEST WHERE IT'S ALREADY NON-CONFORMING.
SO A LOT OF THE QUESTIONS ABOUT THE SIZE OF THE DRIVEWAY, IT'S ALREADY EXISTING.
IT'S, THEY'RE GOING FOR LIKE, JUST A PLACE UP AT THE TOP WHERE THEY CAN TURN VEHICLES AROUND.
SO IT'S NOT THE WHOLE, NOT ACCORDING TO THE DRAWING.
YEAH, THAT'S, THAT'S WHY IT'S A LITTLE CONFUSING.
SO IF THEY WERE TO DO LIKE A HASH MARK IN THE AREA OF WHAT'S ACTUALLY BEING REQUESTED, IT'S A LITTLE, IT PROBABLY WOULD BE A LITTLE BIT MORE VISUALLY CLEAR TO UNDERSTAND WHAT'S BEING REQUESTED.
SO IT'S NOT THE ENTIRE LENGTH OF THAT DRIVEWAY BACK OUT TO RV ROAD.
IT'S ACTUALLY A 27 BY APPROXIMATELY, IT SHOULD BE 25 BY APPROXIMATELY, UH, 37 FOOT WIDE, UM, SECTION THAT THEY'RE LOOKING TO ADD.
I KNOW DOING TWO THINGS,
WHAT WE NEED TO KNOW IS, WHAT IS IT THEY'RE PAVING OVER HERE, SO DOING, THEY'RE DOING TWO THINGS AND THE REASON WHY HAS TO BRING YOUR NOTE, ONE IS TO EXPAND THE DRIVEWAY TO ZERO.
BUT APPARENTLY THE EXISTING, WHICH IS ALSO ZERO, HAS TO BE LEGALIZED.
SO THEY'RE DOING BOTH AND THAT'S WHY IT'S GOING BE OKAY.
THAT WASN'T EVER AUTHORIZED BY THE BEGINNING.
YOU WANT IT IF YOU LOOK? YEAH, WE USE IT FOR THE BIRD CAGES.
IT ALSO LOOKED LIKE THEY HAD PUT MY STUFF ALREADY STARTED DOING THE WORK AND FOR SOME REASON IT STOPPED BECAUSE THE WHOLE BACKYARD IS COMPLETELY DIRT.
BUT WAS IT BECAUSE THEY REALIZED THEY HAD TO GET PERMITS? THAT VARIANCES? I DON'T YOU'RE WRITING IT OUT.
WE CAN HAVE, YOU KNOW, THAT CLARIFIED RIGHT? I WAS JUST RAISING IT AS THE QUESTIONS.
ARE YOU READY? READY TO GO BACK TO ORDER? YES.
WELL, IS EVERYBODY READY? I NEED, I NEED SOME, UM, OH, YOU NEED THE ONE FOR FLORENCE? YEAH.
UM, MICHAEL, JUST CHECKING, ARE YOU BACK ON THE UH, STENOGRAPHER? I'M HERE.
WE'RE GONNA START IN A FEW MINUTES.
I THINK EVERYTHING IS A, UM, TYPE TWO EXCEPT FOR THE UM, COCA-COLA, WHICH WAS COCA-COLA, A COORDINATED REVIEW.
AND, UM, I'M GOING TO GIVE YOU A FRESH AGENDA WITH A QUICK NOTE ABOUT ALL OF THE SEEKER.
I'LL HAVE THAT FOR YOU IN TWO MINUTES.
OH, AND YOU NEED A PRINTOUT OF, UM, 2240 FROM, THAT WAS CLOSED FOR DECISION.
UM, I, WE HAVE THE LATEST, GREATEST.
WOULD YOU MIND, UM, GOING UPSTAIRS AND SEEING AND LOCATING 2240 AND PRINTING OUT THAT DECISION? UH, YEAH.
UM, IF YOU HAVE ANY ISSUES, GIMME A CALL.
YEAH, IF YOU CAN FIND IT, JUST COME DOWN.
BUT UM, IT SHOULD BE ON DRIVE, UM, TO FOLDER DECISION.
ANY ISSUES, JUST LEMME KNOW BECAUSE I HAVE TO WRITE, I ALSO TAKE THIS, JUST PRINT STUFF ON THIS SIDE.
[02:55:01]
YEAH.UH, WHY DO YOU THINK I SHOULD KEEP THAT ONE? I ONLY DID BECAUSE LIKE, REMEMBER THE ONE TIME WHERE WE HAD THAT ONE AND THEN IT WAS CLOSED FOR DECISION ONLY AND THEN WE HAD TO IT'S FINE SHARE.
YOU'RE READING FINDING RIGHT? FINDINGS, UH, WILL NOT BE READ.
JUST SO I ASSIST WITH MITIGATION.
BECAUSE THIS ONE YOU HAVE SIX FOOT 10 INCHES.
SO THAT DOESN'T CONVERT INTO PERCENTAGE.
SO I JUST MADE A CLOSER DECISION.
AND ANYTIME YOU SAY TYPE TWO ACTION, YOU JUST NEED, YEAH.
UM, TYPE TWO ACTION FOR THIS ONE.
ALL THREE IS AN UNLISTED ACTION.
OH, IF YOU WANT, IF YOU WANNA KEEP YOUR, WHATEVER'S EASIER FOR YOU.
I SAY 2303 IS AN UNLISTED ACTION.
PLANNING BOARD IS PART OF A COORDINATING RENDERING A NEGATIVE DECLARATION, IDENTIFYING THAT THE ACTUAL NEGATIVE IMPACT ON, ON THE ENVIRONMENT.
DID YOU GUYS APPROVE SJ? UH, YEAH.
I'M GONNA MAKE SURE THAT SHE'S NOT HAVING DIFFICULTY DECISION.
[03:01:36]
A VERY GOOD.DID YOU, YOU GAVE ME, I GAVE YOU MY I FIRST ONE TO GIVE YOU MY ISSUE.
NOW YOU WERE THE SECOND ACTUALLY HANSON.
OH, YOU WERE LOOKING FOR THIS? YES, I WAS.
WHO'S I GAVE IT TO YOU ALREADY.
IT'S A GOOD NIGHT TONIGHT, ED
OKAY, LEMME GET MYSELF WATER HERE.
YOU GUYS HAVE ONE MANY LAYERS.
IT WAS PRETTY WARM OUT THOUGH.
IT, YEAH, I NEVER GOT OUTSIDE TO SEE THAT.
GETTING THIS BY PRONUNCIATION.
WHAT TIME IS IT NOW? UH, 10 30.
LAY THROUGH THE FIVE THAT I HAVE.
YOU UNDERSTAND HE'S RESPONSIBLE FOR
[03:05:34]
ST.OH, WHAT ARE WE, WHAT ARE WE WAITING FOR? I'M SORRY.
WHAT? WHAT ARE WE WAITING FOR? I THINK GARRETT.
SHE WENT, THEY WERE PRINTING SOMETHING.
WHAT DO YOU NEED? HANSON? NOTED THE HARDSHIP HEARING WAS CLOSED.
THAT CLOSED HURRICANE AS NOTED.
UM, ARE YOU ALL SET SIR? YES I AM.
MR. CHRISWELL, WE NEED YOU UP HERE.
OKAY MICHAEL, THIS TIME WE UH, WE'LL RESUME WITH THIS STENOGRAPHER.
WE ARE NOW BACK ON THE RECORD WITH THE RESULTS OF OUR DELIBERATIONS FOR THIS EVENING AND I WILL GO THROUGH THE CASES NOW.
CASE NUMBER 2205 OLI GAS IS CLOSED FOR DECISION ONLY AND THAT WOULD BE ON FOR THE APRIL 20TH MEETING.
NEXT CASE IS CASE 2238 SS AND J SERVICE CENTER.
AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO C A COMPLIANCE AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SEEK CONSIDERATION.
MADAM CHAIR, I MOVE THAT THE APPLICATION IN CASE NUMBER 22 DASH 38 BE GRANTED PROVIDED THAT ONE THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILE SAME WITH THE BILLING DEPARTMENT.
AND TWO CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BILLING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED SEPTEMBER 1ST, 2022 AND LAST REVISED OCTOBER 17TH, 2022.
SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
AND THREE, THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.
ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT SETBACK OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
AND THE CHAIR ALSO WANTS THE UM, RECORD TO REFLECT THE FACT THAT WE WILL NOT BE READING THE FINDINGS ON THE CASES THIS EVENING.
WE WILL SIMPLY BE DOING EMOTIONS,
[03:10:01]
UH, BASED ON THE LATENESS OF THE HOUR AND THE FACT THAT WE HAVE SO MANY CASES THAT WE DID MANAGE TO UH, GRANT THIS EVENING.SO THE NEXT CASE IS CASE 2240 AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO C A COMPLIANCE AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
I MOVE THAT THE APPLICATION IN CASE 2240 FOR A USE VARIANCE BE GRANTED PROVIDED THAT ONE THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILED SAME WITH THE BUILDING DEPARTMENT.
CONSTRUCTION BEGINS NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE INTER ISSUANCE OF A BUILDING PERMIT PROCEEDS DILIGENTLY THEREAFTER.
AND CONFORMITY WITH THE PLANS DATED JANUARY, JANUARY, 2022 SUBMITTED IN SUPPORT OF THIS APPLICATION ON OCTOBER 18TH, 2022 ARE SUCH PLANS THAT THAT MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICE OF THE TOWN PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
THIRD, THE TWO FAMILY RESIDENTS TO BE CONSTRUCTED ON THE PROPERTY SHALL CONFORM TO ALL SETBACK AND OTHER REGULATIONS IN EFFECT WHEN THE BUILDING PERMIT IS APPLIED FOR.
AND FOURTH, THE APPLICANT SHALL REMAIN IN OWNERSHIP AND OCCUPANCY OF ONE DWELLING UNIT IN THE REQUESTED TWO FAMILY RESIDENCE FOR A PERIOD OF NOT LESS THAN FIVE YEARS FROM THE DATE OF THIS DECISION, A COVENANT REFLECTING THIS CONDITION APPROVED BY THE TOWN ATTORNEY MUST BE FILED IN THE OFFICE OF THE CLERK OF WESTCHESTER COUNTY BEFORE THE ISSUANCE OF ANY CERTIFICATE OF OCCUPANCY FOR THE REQUESTED TWO FAMILY RESIDENTS UNTIL I SECOND.
AND THE NEXT CASE WE HAVE ON TONIGHT'S AGENDA IS CASE 2241 EJS AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SEAT OF CONSIDERATION.
AYE DO IS THERE A MOTION? YES MADAM CHAIR, I HAVE A MOTION.
I MOVE THAT THE APPLICATION IN CASE 2241 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 FEBRUARY 24TH, 2022 AND LAST REVISED FEBRUARY 28TH, 2023 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 GREATER, A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN THE VARIANCE BEING GRANTED FOR THE IMPROVEMENT SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT SETBACK OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
THE WALL LOGO HEIGHT OF BJ'S SHALL NOT EXCEED SIX FEET 10 INCHES AND THE STACKED HEIGHT OF THE WALL LOGO SHALL NOT EXCEED 10.75 FEET.
IS SHAUNA GONNA VOTE? OH UH, YEAH, I VOTE.
AND THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 2301 DARRELL ADAMS. AND WHEREAS THE GREENBERG C B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET A CONSIDERATION.
[03:15:01]
AYE VOTES.I MOVE THAT THE APPLICATION IN CASE NUMBER 2301 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 NOVEMBER 30TH, 2022 AND LAST REVISED JANUARY 16TH, 2023 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.
OH I THOUGHT I DID BATISTA, I'M SORRY.
UM, WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO C A COMPLIANCE AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET A CONSIDERATION.
DO YOU HAVE A MOTION? YES MADAM CHAIR, I HAVE A MOTION I MOVE THAT APPLICATION IN THE CASE NUMBER 23 DASH OH TWO BE GRANTED PROVIDED THAT ONE THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILE THE 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 DILIGENT THEREAFTER IN CONFORMITY WITH THE PLAN'S DATE RECEIVED JANUARY 25TH, TWO, 2023 UM, SUBMITTED IN SUPPORT OF THIS APPLICATION.
SUBMITTED IN SUPPORT OF THIS APPLICATION OR 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 VARIANCE BEING GRANTED IS FOR THE IMPROVEMENT SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APP 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.
AND NEXT IS PAGE 2303, LIBERTY COCA-COLA, WHICH IS AN UNLISTED ACTION.
THE PLANNING BOARD AS PART OF A COORDINATED REVIEW, RENDERED A NEGATIVE DECLARATION IDENTIFYING THAT THE ACTION WILL NOT HAVE A NEGATIVE IMPACT ON THE ENVIRONMENT.
SECOND, I DON'T KNOW IF WE SECOND IT OR NOT.
AND DO WE HAVE A MOTIONS? YES, I HAVE A MOTION.
UM, I MOVE, EXCUSE ME, THAT THE APPLICATION IN CASE NUMBER 2303 BE GRANTED PROVIDED THAT THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENT.
CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED DECEMBER 12TH, 2022 AND LAST REVISED FEBRUARY 8TH, 2023 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.
ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS
[03:20:01]
NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.AND THE LAST CASE WE HAVE ON OUR AGENDA THIS EVENING IS CASE 2304 DRE.
AND THAT IS BEING ADJOURNED BECAUSE IT MUST BE RENO AND IT WILL BE ON THE AGENDA FOR APRIL 20TH, 2023.
AND WITH THAT, I WISH EVERYONE A HAPPY ST.