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[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS AGENDA THURSDAY, April 20, 2023 – 7:00 P.M. ]

[00:00:03]

GOOD EVENING, ALL.

THIS IS THE MEETING OF THE ZONING BOARD OF APPEALS.

TODAY IS THURSDAY, APRIL 20TH, AND WE HAVE EIGHT CASES ON FOR OUR AGENDA THIS EVENING.

HOWEVER, THE CASE 22 5 HAD THE DECISION ONLY, AND I'LL MAKE A COMMENT ON THAT IN A MOMENT.

AND ALSO, PAGE 2215, MARION WOODS HAS REQUESTED AN ADJOURNMENT TO THE JULY 20TH MEETING.

OTHER THAN THAT, WE HAVE TO REMAIN CASES THAT, UH, WE THIS EVENING.

SO WITH REGARD TO, UM, OH, IF I COULD KINDLY DO A ROLL CALL? YES.

OKAY.

DIANE UBERLY HERE.

EVE BUNTING SMITH? HERE.

WILLIAM BLAND.

HERE.

CHRISTY CONNECT HERE.

SHAUNA KINSON.

SHAUNA, IF YOU CAN UNMUTE AND PLEASE LET US KNOW YOU'RE PRESENT.

OKAY.

UM, PAULINE MOSLEY HERE.

GREAT.

AND ABSENT IS LOUIS CRITCHLOW.

SO WHEN, UH, SHAUNA ARRIVES, WE'LL ACKNOWLEDGE THAT.

THANK YOU.

THANK YOU.

AND BORROW, ABBREVIATE WHAT I, SOME OF MY COMMENTS THAT I NORMALLY MAKE.

HOWEVER, IF YOU ARE PLANNING ON SPEAKING HERE TONIGHT, YOU MUST COME UP TO THE MICROPHONE.

AND IF YOU ARE NOT AN APPLICANT NAMED IN THE AGENDA, PLEASE IDENTIFY YOURSELF AND SPELL THE NAME SO WE WILL HAVE IT SO THE SONOGRAPHER WILL HAVE IT CORRECT FOR THE RECORD.

AND THE REASON WE DON'T WANT YOU TO SPEAK IF YOU'RE NOT ON MIC, IS THAT IT DOESN'T GO IN THE RECORD.

SO ANYTHING THAT YOU WANT TO GO INTO THE RECORD, YOU MUST BE AT THE MICROPHONE.

THE NEXT MEETING WE HAVE ON OUR AGENDA IS MEETING OF MAY 20, MAY 18TH, I'M SORRY, 2023 AT THE SAME TIME IN PLACE.

SUMMER OF, WELL, TECHNICALLY I SHOULDN'T SAY THAT.

WE HAVE ONE CASE THAT HAS BEEN ON OUR AGENDA PREVIOUSLY AND THE OTHER CASES ARE ALL NEW.

SO, BUT HOWEVER, ANYTHING THAT IS IN THE RECORD FOR THE CASE THAT HAS WAS ON PREVIOUSLY IS NOT TO BE REPEATED AND WE ALREADY HAVE IT.

AND THEREFORE WE WOULD APPRECIATE YOU NOT BURDENING THE CAL THE RECORD WITH, UH, INFORMATION WE ALREADY HAVE WITH REGARD TO ALI GETZ, THAT WE HAVE CASE 2205 THAT HAS BEEN CLOSED FOR DECISION ONLY.

HOWEVER, THE ATTORNEY FOR THE APPLICANT HAS MADE A REQUEST TO ALLOW HIM TO GIVE COMMENTS WITH REGARD TO REOPENING THAT CASE.

THAT IS NOT SOMETHING THAT WE NORMALLY WOULD DO, AND WE WOULD HAVE TO TAKE A VOTE ON THAT.

WE WILL, AT THIS POINT ALLOW THE APPLICANT TO GIVE US COMMENTS, BUT NOT TO SUBMIT ANY DOCUMENTATION BECAUSE THE RECORD IS CLOSED AT THIS POINT.

I BELIEVE THAT THEY HAD SUBMITTED A LETTER IN WHICH THEY CLAIMED THAT THERE WERE CERTAIN THINGS THAT EITHER WE OVERLOOKED OR GOT MISTAKEN, AND I ASSUME THE COMMENTS WILL BE GEARED TOWARDS THOSE ITEMS. SO THEREFORE WE CAN START AT THIS TIME WITH OLI COMING UP AND TAKING A, I IMAGINE A SHORT PERIOD OF TIME JUST TO GIVE US THOSE COMMENTS.

YES.

THANK YOU MADAM CHAIRMAN, LAW, MAD CHAIRMAN.

AS YOU MENTIONED, YOU SUBMITTED A VERY SHORT LETTER.

UM, IT'S JUST A, IT'S A REQUEST TO REOPEN THE PUBLIC HEARING SO THAT WE NEED SUBMIT MATERIALS TO CLARIFY THE RECORD.

I'M HAVING A HARD TIME HEARING.

I'M SORRY.

CAN YOU HEAR ME NOW? YES.

SO THE MIC NEEDS YOU TURN ON.

THERE SHOULD BE A BUTTON.

PRESS IT ONCE AND THEN THAT LITTLE LIGHT WILL TURN GREEN.

HOW ABOUT NOW? OH, THERE WE GO.

THAT'S MUCH BETTER.

ALRIGHT, SORRY ABOUT THAT.

UM, SO JUST, JUST TO REITERATE, UH, AS WE WERE, WE WERE BEFORE THE BOARD, UM, ON MARCH 16TH.

AND DURING THAT MEETING, THERE WERE CERTAIN STATEMENTS AND CERTAIN REPRESENTATIONS MADE THAT WERE INACCURATE.

AND, UH, WE'RE JUST REQUESTING, UM, TO OPEN THE PUBLIC HEARING SO THAT WE MAY SUBMIT MATERIALS TO CLARIFY THE RECORD AS CERTAIN THINGS WERE MISSTATED.

IT SEEMS THAT CERTAIN REPRESENTATIONS WERE MADE THAT ARE TAKEN AS FACT, WHICH ARE A, WHICH ARE ACTUALLY, UH, INCORRECT.

SO THAT'S PART OF, UH, AND WE LAY THAT OUT IN OUR, IN OUR LETTER AS WELL.

IF, UH, IF YOU WANT ME TO GO OVER THAT, I CAN.

BUT I CAN SAY, FOR EXAMPLE, UM, THERE WAS A, THERE WAS A, A STATEMENT MADE THAT THE APPLICANT WAS RESPONSIBLE FOR CREATING A ZONING ISSUE BECAUSE THE DECK AT 57 ARGO WAS BUILT BY THE APPLICANT.

THAT'S NOT TRUE.

AND WE'D LIKE TO SUBMIT, UM, MATERIALS TO CLARIFY THAT POINT.

UM, IT WAS ALSO SUGGESTED THAT, UH, THE ZONING BOARD WAS NOT PART OF THE CCRA, UH, REVIEW, WHICH RESULTED IN A NEGATIVE DECLARATION.

THAT ALSO IS INCORRECT.

THAT WAS PART OF A COORDINATED REVIEW.

I'M NOT GONNA MAKE ANY ARGUMENT BASED ON THAT, BUT WE WOULD LIKE TO SUBMIT MATERIALS TO, UH, TO CLARIFY THE RECORD AS WELL.

[00:05:01]

UM, THERE WAS ALSO STATEMENTS MADE BY, BY MEMBERS OF THE BOARD THAT THERE WAS NEVER ANY, UM, VOICING OF APPROVAL FOR THIS PROJECT.

NOW AGAIN, THIS, THIS APPLICATION HAS BEEN ON THE AGENDA, YOU KNOW, GOING ON ALMOST A YEAR NOW.

AND SO, YOU KNOW, UNDERSTANDING THAT, YOU KNOW, IN TIME MEMORIES, UH, GET, GET JOGGED OR, YOU KNOW, MEMORIES ARE, ARE NOT, ARE FADING.

AND SO WE'D LIKE TO AT LEAST CORRECT THE RECORD ON THAT POINT AS WELL.

AND SO WITH THAT, YOU KNOW, THIS IS NOT, THIS IS NOT SOMETHING THAT'S OUT OF THE, THE REALM THAT THIS BOARD DOES HISTORICALLY, THE BOARD DOES, UH, GRANT APPLICATIONS TO REOPEN THE PUBLIC HEARING.

IT WOULD BE, IT WOULDN'T BE HARMFUL AT ALL TO ANYONE.

UM, AND ALL WE'RE ASKING IS JUST TO, YOU KNOW, REOPEN THE PUBLIC HEARING.

WE CAN SUBMIT, UH, THE ADDITIONAL MATERIALS AND BE PUT ON THE AGENDA FOR MAY 18TH.

UM, ONE LAST TIME, HOPEFULLY.

WELL, IT MIGHT BE ON THE AGENDA FOR YOU ONE LAST TIME.

HOWEVER, THE, THE OPPOSITION TO WHATEVER IS PRESENTED COULD ALSO HAVE AN OPPORTUNITY TO BE HEARD.

ABSOLUTELY.

AND AS YOU KNOW, THIS CASE WAS ADJOURNED SEVERAL OCCASIONS AT THE REQUEST OF, OF YOUR, OF YOUR, OF YOUR APPLICANT HERE.

SO, AND, AND, AND AGAIN, IF, IF THAT'S, IF THAT'S IMM, IF THAT'S BEING TAKEN AS FACT, WE NEED TO CLARIFY THAT AS WELL.

YOU'RE, I'M, WE'RE BOTH TALKING AT THE SAME TIME.

SO LET'S START ALL OVER AGAIN.

, GO AHEAD.

THAT IS SOMETHING THAT'S ALSO BEEN BROUGHT UP AS WELL, AND IT'S BEEN USED AS TO, TO, TO SOMEHOW PUT A NEGATIVE INFERENCE ON THE APPLICANT.

YES, THIS APPLICATION HAS BEEN ADJOURNED, BUT IT HASN'T JUST BEEN ON THE APPLICANT'S, UH, REQUEST.

IT'S BEEN ADJOURNED BECAUSE, YOU KNOW, SOMETIMES IT WAS SCHEDULING ISSUES.

SOMETIMES YOU, YOU BROUGHT UP IT BEING ADJOURNED.

I DIDN'T NO, I SAID IT'S, YOU'RE SAYING IT'S BEEN A LONG TIME.

I SAID IT'S BEEN, AND THE REASON I SAID IT'S BEEN, AND THE REASON I BROUGHT UP THE, THE, THE TEMPORAL ASPECT OF THIS APPLICATION IS BECAUSE WHAT I, WHAT I RECOGNIZED AT THE, AT THE LAST MEETING WAS THAT, AGAIN, MEMORIES HAVE FADED IN TERMS OF WHAT'S BEEN SAID AND WHAT'S BEEN, UM, WHAT'S BEEN, UH, FACTORED IN DURING THIS APPLICATION.

AND, AND ALL WE'RE ASKING IS FOR THE OPPORTUNITY TO CLARIFY THE RECORD BASED ON THOSE STATEMENTS.

WELL, I DID, I DISAGREE WITH THE STATEMENT THAT YOU DID MAKE.

I THINK THAT THE BOARD MEMBERS, UH, MAKE AN EFFORT TO NOT ONLY BE FAMILIAR, FAMILIAR WITH WHAT THEY HAVE BEEN PRESENTED WITH, BUT TO ALSO MAKE SURE THAT THEY HAVE REVIEWED IN CASE THEY HAVEN'T MADE NOTES OF WHAT THEY'VE HEARD AND HOW THEY WISH TO APPLY THAT TO THEIR THOUGHTS.

SO IT, IT'S ALMOST AS THOUGH YOU'RE ACCUSING US OF SOMETHING THAT I'M NOT SURE IS IS, IS A MISTAKE.

BUT I'M, I'M NOT ACCUSING, I'M NOT ACCUSING THE, THE BOARD OR ANY MEMBER OF THE BOARD MEMBER.

BUT IF, IF I CAN GIVE YOU AN EXAMPLE, UH, MADAM CHAIRMAN, UM, AT THE MARCH 16TH MEETING, UM, YOU SAID PERSONALLY THAT YOU HAD NEVER VOICED APPROVAL FOR THIS PROJECT.

AND I WENT BACK AND I, AND I REVIEWED ALL THE VIDEOS OF THIS MEETING.

AND ON APRIL 28TH, AND I CAN POINT YOU TO IT, YOU ACTUALLY WERE IN FAVOR OF THIS PROJECT.

AND THE REASON YOU WERE IN FAVOR OF THIS PROJECT WAS BECAUSE OF THE WATER AND DRAINS AND, AND, UH, RAINWATER MITIGATION ASPECT OF THE PLANS.

BECAUSE ON THE APRIL 28TH MEETING, AND THIS WAS BACK IN 2022, THERE WAS A LOT OF, UM, THERE WAS A LOT OF COMMENT MADE ABOUT THE FLOODING THAT HAPPENS IN THIS AREA.

AND ONE OF THE THINGS THAT THIS PROJECT WILL DO IS ACTUALLY IMPROVE THE STORM STORMWATER RUNOFF.

AND SO THAT'S, THAT'S WHAT I WAS TALKING ABOUT.

WHERE HAD YOU HAD MENTIONED YOU HAD NEVER VOICED, UM, APPROVAL, BUT YOU ACTUALLY HAD VOICED APPROVAL IN THE PAST.

BUT WHAT I, I THINK THAT YOU HAVE TO GIVE MORE THOUGHT TO WHAT MY, WHAT I WAS THINKING, MY THINKING WAS THAT CLEARLY THERE SHOULD BE SOMETHING DONE WITH THE LOT BASED UPON WHAT THE NEIGHBORS WERE SAYING.

HOWEVER, IT HAD TO DO WITH THE TROUBLESOME, THERE'S A TROUBLESOME CREEK THAT RUNS THROUGH THERE.

AND ALSO WE FOUND OUT LATER ABOUT THE, UH, CLAY SEWER LINE THAT WAS RUNNING THERE.

AND QUITE FRANKLY, I'VE BEEN ON THIS BOARD FOR A LONG TIME AND MY POSITION IS WHEN A CLIENT MAKES, CREATES A SUBSTANDARD LOT THAT IS AT THEIR DETRIMENT.

IT'S NOT SOMETHING THAT WE NECESSARILY HAVE TO APPROVE.

WELL, I THINK THAT THAT, AND YOU HAVE TO, AND YOU HAVE TO TAKE STEPS TO SOMEHOW CORRECT THAT OR MAKE IT PALATABLE SO THAT IT'S SOMETHING THAT NOT ONLY THE NEIGHBORS COULD LIVE WITH AND IT WOULD BE APPROPRIATE, BUT ALSO THAT THE, THAT THE TOWN CAN LIVE WITH BECAUSE THIS IS NOT JUST AN INDEPENDENT CASE THAT HAS NO BEARING ON OTHER MATTERS.

SO I THINK WHAT YOU JUST SAID IS VERY IMPORTANT.

YOU SAID WHEN SOMEONE CREATES A SUBSTANDARD LOT, THEY DIDN'T CREATE THE SUBSTANDARD LOT, THE TOWN, WELL, THAT'S WHERE WE DIFFER, BUT THE TOWN CREATED IT, AND THAT'S PART OF THE DEEDED THAT THE TOWN, WHEN THE TOWN DEEDED THIS, THIS PIECE OF PROPERTY IN 1947, THE TOWN YOU'VE ACTUALLY CREATED, YOU'VE ALREADY PUT THAT IN THE RECORD.

EXACTLY.

AND I THINK

[00:10:01]

THAT NEEDS TO BE, UM, EXAMINED.

SO THE POINT WHERE YOU'RE SAYING, OH, THAT THE APPLICANT CREATED THIS LOT, THE APPLICANT DID NOT CREATE THIS LOT, THE TOWN CREATED THIS LOT, THE APPLICANT PURCHASED THE LOT, AND THE ONLY THING THAT CAN BE DONE ON THIS LOT BECAUSE THE DEEDED HAS A RESTRICTIVE COVENANT, IS THE BUILDING OF A SINGLE FAMILY RESIDENCE, WHICH IS IN KEEPING WITH THE CHARACTER OF THE NEIGHBORHOOD, WHICH IS ZONED FOUR.

THE ONLY PROBLEM IS THAT TWO MONTHS AFTER THE, THE AREA OF THE GEOGRAPHIC AREA WAS UP ZONED FROM AN R FIVE TO AN R SEVEN FIVE, THE TOWN CREATED THIS LOT AND PUT SPECIFIC STRICTURES ON IT, ON WHAT CAN BE DEVELOPED.

SO THE ONLY THING THAT CAN BE DEVELOPED ON THIS LOT IS A SINGLE FAMILY RESIDENCE, WHICH IS THE EXACT SAME SIZE AS EVERY OTHER HOUSE IN THE IMMEDIATE VICINITY.

BUT ONE THING THAT YOU'RE NOT COMMENTING ON, IT'S THE FACT THAT THE PROPERTY AT ONE POINT WAS OWNED BY AN, THE APPLICANT OF NOT JUST THAT LOT, BUT THE OTHER LOTS AND THAT THEY SOLD OFF PART OF THAT.

AND WHEN THEY SOLD OFF PART OF THAT, THEY IN PART CREATED THIS LOT BACK TO WHAT IT WAS BEFORE.

SO, AND THAT'S THAT'S ANOTHER THING THAT, AND THAT'S WHERE WE ARE.

RIGHT? AND THAT'S ANOTHER THING WE NEED TO ADDRESS AS WELL, THE HISTORIC BACKGROUND OF HOW THAT OCCURRED BECAUSE, AND WE DID MENTION THIS, IT WAS IMPOSSIBLE TO ACTUALLY CREATE THE LOT BECAUSE OF THAT 20 FOOT DROP OFF.

AND SO THAT'S ANOTHER THING WE WANT TO, UH, WE WANT TO, UH, UM, PUT INTO THE RECORD AS WELL BECAUSE THERE HAS BEEN, UM, STATEMENTS MADE RECORD.

SO YOU'RE SAYING YOU NEVER SAID THAT BEFORE? NO, NO.

HE OWNED THE THREE AND HE TRIED THE, THERE WAS, SO LET ME JUST STEP BACK FOR A SECOND.

THERE'S BEEN A LOT MADE ABOUT WHAT THE APPLICANT DID WITH THE, WITH THESE LOTS.

AND A LOT OF WHAT'S BEEN SAID IS THAT, OH, THE APPLICANT DID THIS ON PURPOSE SO HE COULD TAKE ADVANTAGE OF THE ZONING BOARD.

THAT'S NOT WHAT HAPPENED.

I DON'T THINK ANYONE SAID THAT.

WE CAN LOOK, WE CAN JUST GO BACK TO, TO THE, TO THE RECORD AND, AND, AND IT'LL, IT'LL SHOW WHAT IT SHOWS.

BUT WHAT HAPPENED IS, AND THIS IS SOMETHING THAT WE WANNA SUBMIT AS WELL, THE HIS, THE HISTORY OF IT IS THAT THE APPLICANT TRIED TO USE SOME OF THE, AND WE'LL CALL IT TAX LOT 15, ITS TAX LOG EIGHT, TAX LOT NINE LIKE THAT TRIED TO USE SOME OF TAX LOT 15 IN ORDER.

AND NOW, NOT THAT HE HAD TO, BECAUSE AGAIN, WE HAVE THE DEEDED AND THAT'S AN ARGUMENT THAT WE'VE MADE IN ORDER TO CONFORM TAX LOT EIGHT AND NINE TO AN R SEVEN FIVE.

HOWEVER, THE PLANNING BOARD, WHEN HE TRIED TO DO THAT, SAID THAT'S VIRTUALLY IMPOSSIBLE BECAUSE OF THE 20 FOOT TRUCK.

SO IT WAS, HE WAS FORCED, THE APPLICANT WAS FORCED TO SELL TAX LAW 15 AND THEN COMBINED IN HIS, YOU KNOW, WORKING TO COMBINE EIGHT AND NINE TO THEN DEVELOP IT AS THE TOWN INTENDED.

AND AS THE ONLY THING THAT CAN BE DONE, BECAUSE IT IS A RESTRICTIVE COVENANT TO DEVELOP A SINGLE FAMILY RESIDENCE ON THE NOW COMBINED EIGHT AND NINE, I THINK YOU'RE GOING A LITTLE TOO FAR BECAUSE THE FACT THAT SOMEONE ON THE PLANNING BOARD STATED SOMETHING DOESN'T STOP AN APPLICANT FROM MAKING A PROPER APPLICATION TO DO SOMETHING THAT THEY FEEL WOULD BE BENEFICIAL.

THE PLANNING BOARD SAID IT COULDN'T BE DONE.

WE'RE NOT THE PLANNING BOARD.

WELL, AGAIN, A STATEMENT THAT'S MADE WHEN YOU SAID, NOW WE JUST FOUND OUT ABOUT THE SEWER EASEMENT, THAT WAS ALWAYS PART OF THE PLANS.

WHEN THE SECRET REVIEW WAS DONE, ALL THE, ALL THE DOCUMENTS, ALL THE PLANS WERE, WERE SUBMITTED FROM THE BUILDING APPLICATION.

THE SECRET REVIEW WAS COORDINATED BETWEEN PLANNING BOARD AND THE ZONING BOARD OF APPEALS, AND IT WAS UNANIMOUSLY GRANTED, UH, A NEGATIVE DECLARATION.

SO THAT'S A, THAT'S SOMETHING THAT I ALSO WANT TO PUT INTO THE RECORD TOO, TO CREATE AND TO SHOW THAT THIS WAS DONE WITH A FULL REVIEW BY THE Z B A AS WELL.

WE DID NOT DO A FULL REVIEW.

WE DID.

OH, I THOUGHT THAT THE PLANNING BOARD, OKAY, WELL, PART OF IT I, OH, SORRY, GO AHEAD.

SO I WAS GONNA SAY I NEVER QUESTIONED THE ENVIRONMENTAL REVIEW AND THAT THAT WAS DONE APPROPRIATELY.

AGAIN, AND AGAIN, THAT WAS JUST A, THAT WAS A COMMENT THAT WAS MADE AT THE LAST MEETING.

AND SO THAT'S WHY I, I FELT THE NEED THAT WE NEED TO CLARIFY THE RECORD ON THAT, THAT COMMENT WAS MADE AND I RECALL BY ONE BY BY ONE OF THE NEIGHBORS IN OPPOSITION.

OH, I WAS GONNA SAY I, WELL, I, I, I CAN'T ARGUE WITH WHAT THE NEIGHBOR'S SAYING.

YOU'RE SAYING THAT HAD SOME BEARING ON ON WHAT IT'S THE DECISION WE CAME TO.

I DID.

THERE WAS NO DECISION THAT WAS COME TO, WHAT I'M SAYING IS IT'S PART OF THE RECORD AND WE NEED TO CLARIFY AND, AND CORRECT IT BECAUSE THAT WAS PART OF THE TESTIMONY.

SO THAT'S PART OF THE TESTIMONY.

SO YOU'RE TRYING TO CLARIFY NOT JUST WHAT THE BOARD WAS STATING.

YOU'RE TRYING TO CLARIFY SOME OF THE COMMENTS THAT CAME FROM NEIGHBORS.

WELL, MADAM CHAIRMAN, YOU JUST SAID THAT THE Z B A HAD NO, HAD NO, UM, I'M JUST ASKING YOU QUESTION BEARING ON THE, ON THE SEEKER REVIEW ASKING.

SO ASKING, I'M ONLY ASKING YOUR A QUESTION BECAUSE I'M THINKING

[00:15:01]

NOW THAT EVERY TIME WE HAVE PEOPLE AND NEIGHBORS WHO COME FORWARD AND WANT TO COMMENT IN A NEGATIVE MANNER ABOUT SOMETHING THAT'S BEING PRESENTED, THAT WE ARE NECESSARILY RELYING UPON THAT THAT'S WHAT YOU MAKE IT SOUND LIKE TO ME.

THE BOARD CAN RELY ON WHATEVER THE BOARD WANTS TO RELY ON.

TRUE.

WE JUST WANNA MAKE SURE THAT THERE'S A FULL RECORD OF WHAT THE BOARD'S RELYING ON.

AND I JUST ASK IN WHAT WAY HAS YOUR CLIENT BEEN FORCED? YEAH, I WAS GONNA ASK THAT QUESTION.

GO AHEAD.

BEEN FORCED.

WHY DID HE FORCED, I MEAN, I MEAN YEAH, GO AHEAD.

SAID YOU, HE HAD TO SELL THE PROPERTY.

WHY DID HE HAVE TO SELL THE PROPERTY? BECAUSE YOU COULDN'T, YOU COULDN'T USE THAT'S, I I UNDERSTAND WHERE YOU'RE GOING WITH THAT, BUT IF I OWN 40 ACRES OR AN ACRE, WHY DO I HAVE TO DIVIDE IT FUNDAMENTALLY? AND WE'RE TALKING ABOUT THE FUNDAMENTAL STATEMENT.

WHY DID HE HAVE TO DIVIDE THE PROPERTY? HE PURCHASED A WHOLE PROPERTY.

WHY DID HE HAVE DIVIDE IT? I'M JUST GOING ON WHAT YOU JUST SAID JUST NOW.

FAIR ENOUGH.

BECAUSE THAT IS THE CRUX REALLY, IN TERMS OF WHAT THE DETERMINATION SHOULD LOOK LIKE.

I PURCHASED A PROPERTY THAT HAS A HOME ON IT, HOWEVER MANY ACRES IT MAY BE, I DECIDE TO DIVIDE THE PROPERTY.

WHY DID I HAVE TO DIVIDE THE PROPERTY? I DID NOT DIVIDE THE PROPERTY.

THE PROPERTY WAS ALWAYS DIVIDED FOR THREE LOT.

OKAY, SO I JUST WANT TO KEEP ORDER HERE.

UM, THE BOARD, IF WE'RE QUESTIONING THESE PEOPLE ARE JUMPING IN NOW.

YEAH.

UM, SO I DON'T KNOW IF YOU WANT TO ACKNOWLEDGE NOW THE OWNER SITE.

I DON'T KNOW WHO THAT WAS.

I BELIEVE'S THE OWNER, THE OWNER OF THE SITE.

THEN YOU WOULD, SIR, WOULD YOU GIVE YOUR NAME PLEASE? IF YOU'RE MAKING COMMENTS, BUT COULD YOU NOT INTERRUPT? SORRY.

UH, MR. GE, UH, WE DIDN'T DIVIDE THE PROPERTY.

IT WAS ALWAYS THREE SEPARATE LOTS.

IT WAS SOLD AS A THREE SEPARATE LOT ALL THE TIME.

IT WAS NEVER COMBINED.

THERE IS NO SUCH A THING THAT THE PROPERTY WAS AS A ONE PIECE.

THE PROPERTY ON, ON OUR, ON CLARENDON WAS SOLD BY THE TOWN AS A BUILDABLE LOT IN 1947.

TWO, TWO MONTHS AFTER THE ZONING WAS CHANGED FROM R SEVEN, UH, FROM R FIVE TO R SEVEN FIVE, UH, THAT THE, THAT THAT THE TOWN SOLD NOT AS THIRD PARTY.

THE TOWN SOLD IT AS THEY BUILDABLE LOT.

AND THEY PUT IT IN WRITING THAT YOU CAN BUILD ONLY ONE SINGLE FAMILY HOUSE ON THIS LOT.

YOU'RE MISSING ALL THE POINT, YOU, YOU'RE GOING BACK AND FORTH AND ON, ON, ON SOMETHING THAT DOESN'T MAKE SENSE AND DOESN'T MARRY EVEN BECAUSE THERE'S NO REQUIREMENT FOR ANY, UH, VERY ANCESTOR WHATSOEVER.

THEY DID THAT SOLD BY THE TOWN AS A LOT TO A DIFFERENT ENTITY THAT USED TO OWN 57 ARGYLE.

SOLD AS A BUILDABLE.

AS A BUILDABLE LOT, SIR.

AND THIS IS WHAT THANK YOU, SIR.

UM, YEAH, JUST TO CLARIFY, THIS, THIS CASE WAS CLOSED FOR DECISION.

YES.

AND THE BOARD HAD INDICATED AND WANTED TO HEAR A BRIEF STATEMENT FROM THE ATTORNEY ON THE RATIONALE WHY OR WHY NOT TO REOPEN THE CASE.

I JUST WANNA REMIND THE BOARD, YOU KNOW, THAT'S WHAT WAS AT HAND.

AND, UM, YOU CAN CONTINUE AS YOU WISH, BUT, UM, I THINK ULTIMATELY THAT'S THE DECISION OF WHETHER OR NOT TO REOPEN, WHICH YOU DON'T HAVE TO DISCUSS RIGHT NOW.

AND NOW WE'RE HEARING FROM OTHER PEOPLE THAT WANNA SPEAK.

SO I JUST WANT TO KEEP THE, YOU KNOW, EVERYTHING TO WHAT YOU HAD, RIGHT? INTENDED.

CAN I ASK ONE QUESTION? SURE.

UM, SO ONE OF THE THINGS THAT YOU HAD SAID IS, IS THAT YOU WANTED TO CORRECT WHAT YOU FELT WERE INACCURACIES BY NEIGHBORS, STATEMENTS MADE BY NEIGHBORS.

WHY DIDN'T YOU DO THAT AT THE LAST MEETING? WHY ARE YOU COMING BACK AFTER IT'S CLOSED? IF YOU, IF THERE WERE IN WHAT YOU FEEL WERE INCORRECT INFORMATION, WHY WOULDN'T YOU COME BACK AT THAT TIME? WE HAVE, AND WE, WE'VE SAID IT .

SO THEN THAT'S PART OF THE RECORD ALREADY.

WELL, THAT, AND, BUT THAT'S, THAT'S THE PROBLEM BECAUSE AFTER COMMENTS WERE MADE, UM, THEN THE BOARD DELIBERATED AND IT SOUNDED TO ME AT LEAST, AND, AND WE CAN ALWAYS GO BACK AND, AND LOOK AT THE VIDEO THAT CERTAIN STATEMENTS WERE, WERE TAKEN AS FACT AND WERE BEING PART AND BEING USED TO, TO BE PART OF THE DELIBERATION.

FOR INSTANCE, THIS IDEA THAT THE APPLICANT BUILT THE DECK ON 57 ARGYLE CREATING A ZONING ISSUE THAT WAS MENTIONED BY A, A MEMBER OF, UH, A MEMBER OF THE BOARD.

THAT'S JUST NOT TRUE BECAUSE THE DECK WAS BUILT IN, IN THE, IN THE FORTIES AND THE FIFTIES WHEN THIS, UH, WHEN THIS, WHEN THIS HOUSE WAS BUILT OR WHEN 57 ARGA WAS BUILT, I THINK IT WAS IN, IN, IN THE FIFTIES.

UM, SO THAT'S SOMETHING THAT NEEDS TO BE, UH, CORRECTED.

UM, THIS IDEA THAT THE, THE ZONING BOARD WAS NOT PART OF THE SEEKER REVIEW, UM, AND DIDN'T, AND DIDN'T GET A CHANCE TO TAKE A LOOK AT THE FULL PLANS, WHICH INCLUDED SINCE THERE WAS A SURVEY, UH, THE, THE SEWER EASEMENT, WHICH IS PART OF THE DEEDED AS WELL.

SO, UM, I DIDN'T, I DIDN'T COMMENT ON THE SEWER EASEMENT ITSELF.

I COMMENTED ON THE FACT THAT IT WAS CLAY.

THAT'S WHAT I SAID.

RIGHT.

BUT AGAIN, HOW DO WE, BUT WHAT YOU'RE, YOU'RE PICKING APART THINGS BECAUSE,

[00:20:01]

AND, AND THESE ARE ALL WHAT YOU'RE SAYING TO US TONIGHT.

I HAVE A VIVID RECALL OF YOU SAYING THESE BEFORE AND TRYING TO CONVINCE US OF WHAT IT IS THAT, UM, YOU WANT US TO, TO, TO BUY INTO THE GENTLEMAN WHO WAS JUST ON THE, ON THE T WHO WAS ON THE SPEAKER BEFORE, UH, I THINK HAD SAID THE SAME THING BEFORE, AND SOME STATEMENTS WERE MADE THAT I I DO DISAGREE WITH SOME STATEMENTS WERE MADE THAT I AGREE WITH.

BUT I DRAW MY CONCLUSIONS BASED UPON THE INFORMATION THAT I HAVE AND BASED UPON THE LAW AS IT'S PRESENTED TO US.

AND AS, UM, WE SEE THE FACTS AND, AND THAT'S FAIR.

I'M, AND I'M JUST BEFORE YOU MAKING AN APPLICATION, I UNDERSTAND I'M NOT FAULTING YOU MAY NOT RESPOND.

NO, SIR.

SO I THINK ULTIMATELY, I BELIEVE THE BOARD'S GONNA DELIBERATE YES.

AT THE TIME OF DELIBERATION, WHETHER OR NOT YOU WANT TO OPEN OR NOT.

SO I THINK AT THIS POINT, UM, WOULD YOU WANT MOVE ON TO THE NEXT CASE? YES.

EXCUSE ME.

THANK YOU VERY MUCH.

QUESTION.

OKAY.

THAT WAS QUESTION.

COULD I JUST RESPOND TO COUNSEL? WE'D BE OPENING IT BACK UP IF WE DO THAT.

NO, NO.

WELL, MY LAWYER ISN'T HERE.

WE DO THIS AT 7:00 PM TONIGHT AND I DON'T THINK IT'S VERY FAIR, BUT NOTHING THAT MY SIDE HAS SAID, NEITHER MYSELF NOR MR. GROUP, THAT IT IS EITHER UNTRUE, INACCURATE, AND THEY'VE HAD A YEAR AND THEY'VE SAID THE SAME THING.

NOW THAT THEY SAY OVER AND OVER AND OVER.

YOU'RE NOT ON THE MIC, SIR.

SIR.

OKAY, SIR.

SO THE BOARD MAY REOPEN OR MAY NOT, THAT DECISION WILL BE FORTHCOMING.

SO WE HAVE TO, WE HAVE TO RESPECT THAT AND MOVE ON.

THANK YOU.

ALL RIGHT.

AND THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 2204.

2304.

HOW DO I SAY? 20 23 0 4.

RIGHT.

WELCOME.

MR. REZI.

CAN, UH, PLEASE FEEL FREE TO, UH, TURN YOUR VIDEO ON IF YOU LIKE AND UNMUTE.

AND, UH, PLEASE MAKE YOUR PRESENTATION AND FEEL FREE TO SHARE SCREEN THAT'S ENABLED.

I'M PRESENTING ALONG WITH MY ARCHITECT , SO HE CAN TAKE IT OVER FOR NOW.

WELCOME, MR. SHALA.

ARE YOU, IS YOUR MIC ON? ARE YOU READY TO, UH, PRESENT, SIR? UH, GOOD EVENING.

YES.

BOARD, UH, THIS IS MIL SHALA.

UH, WOULD LIKE TO SHARE MY SCREEN IF POSSIBLE? YES, PLEASE.

SO, SO, HELLO, UH, WE'RE BACK AGAIN.

UH, WE'RE PRESENTING THIS EVENING A, UH, WE WE'RE PRESENTING ADDITIONAL INFORMATION AS REQUESTED BY THE BOARD, UH, TO SU TO SUPPLEMENT OUR PRESENTATION, OUR, OUR LAST MEETING'S, UH, PRESENTATION, UH, TO FURTHER CLARIFY THE EXTENT OF THE EXISTING DRIVEWAY, AS WELL AS THE, UH, THE WIDTH AND THE BREADTH OF THE PROPOSED TWO CAR GARAGE.

UH, DURING LAST REVIEW, WE HAD SEVERAL CONCERNS, UH, ADDRESSED BY THE, UH, BOARD MEMBERS, INCLUDING MADAM CHAIR, WITH RESPECT TO THE EXISTING CONDITIONS AS IT'LL BE SHOWN HERE, UH, ON A LONG DRIVEWAY THAT'S SHARED BY THREE PROPERTY OWNERS AND AS WELL AS THE OWNER'S PREFERENCE TO PROPOSE A, UM, A TWO CAR GARAGE AT THE, AT THE REAR YARD, IF YOU WILL.

AND ALSO, AND IT'S INHERITED BACK ON THE SIDE YARD AT THE ZERO LOT LINE, UH, AT THE NEIGHBORING PROPERTY.

SO I WILL, UH, SCROLL DOWN TO THE NEXT PAGE THAT WILL SHOW, AND I'LL TRY TO USE ARROWS.

I HOPE THIS IS ACCEPTABLE TO THE BOARD.

UH, SO I'LL QUICKLY, UM, JUST POINT THE, UH, SUBJECT PROPERTY IS SITUATED HERE.

WE HAVE OUR NEIGHBOR TO THE RIGHT AND THEN THE OTHER NEIGHBOR DOWN HERE.

AND WE ALL SHARE THIS, UH, DRIVEWAY.

AND THEN THIS IS A LONG DRIVEWAY THAT LEADS US ONTO ARZI ROAD THAT WE KIND OF ZOOMED IN INTO THE NEXT DIAGRAM HERE.

AND HERE WE'RE SHOWING THE SAME DRIVEWAY, BUT ALSO WE'RE SHOWING THIS PROPOSED GARAGE AT THIS LOCATION HERE, AS WELL AS I'M GOING TO JUST QUICKLY DELINEATE THE ZERO LOT LINE PROPOSED EXTENSION OF THE EXISTING DRIVEWAY.

SO I WILL FURTHER SCROLL DOWN TO JUST, JUST EXPLAIN A LITTLE BIT FURTHER.

IT'S THE DIAGRAM THAT TALKS ABOUT, UH, I GUESS WHY WE HAVE TO HAVE THE, THE, UH, DRIVEWAY AT A ZERO LOT LINE.

SO I HAVE THIS THREE DIMENSIONAL DIAGRAM HERE THAT SHOWS THIS IS THE ZERO LOT LINE HERE.

THIS IS OUR PROPOSED TWO CAR GARAGE HERE.

UH, SO I'LL JUST USE AN ARROW FOR THIS TO JUST

[00:25:01]

FORGIVE ME ONE SECOND.

SO, AND THEN WE, WE WE'RE SHOWING THESE CARS BASICALLY REVERSING OUT OF THE GARAGE, AND WE'RE TRYING TO ESSENTIALLY LEAVE THE GARAGE SAFELY SO THAT WE CAN BACK OUT TO HERE AND THEN ESSENTIALLY LEAVE THE DRIVEWAY OUT OUT THIS WAY.

SO I WILL GO BACK AGAIN TO THE PREVIOUS DIAGRAM JUST TO CLARIFY THAT FROM THE DRIVEWAY AS I DESCRIBED, YOU WILL, YOU WILL BASICALLY HAVE TO ROTATE THE CAR LIKE SO, AND THEN THIS WAY, AND THEN COME OUT ALL THE WAY OUT HERE ONTO LEY ROAD.

SO WITH THIS, I WILL CONCLUDE MY PRESENTATION AND I WILL OPEN TO BOARD COMMENTS AND, UH, SUGGESTIONS MOVING FORWARD.

THE TURNAROUND THAT YOU SHOW ON THE, YES.

LET ME JUST SCROLL DOWN.

JUST BEAR WITH ME PLEASE.

NO, NO, NO, NO.

UH, NO GO BACK.

OKAY.

YOU WERE IN THE DRIVEWAY? YES, PLEASE.

TO THE RIGHT.

THAT'S THE ONE I'M LOOKING AT.

OKAY.

NO, THAT'S, NO, NO, YOU'RE RIGHT.

IT'S ONE ON THE LEFT.

OH, THE ONE LEFT.

OKAY.

YEAH, I'M SORRY.

JUST BEAR WITH ME PLEASE.

ALRIGHT, YES, PLEASE GO AHEAD.

YOU, YOU, YOU DO SHOW A DRIVEWAY THAT APPEARS TO BE IS, DOES IT GO TO BOTH THOSE TWO HOUSES AND THEN THEY, THEY APPEAR OFF OF IT, CORRECT? YES.

SO BASICALLY THIS HOME, UH, HAD, THEY PARK CARS HERE AND THEN FOR THIS HOME, THEY PARK CARS HERE AND THEY COME OUT THIS WAY AND THEN THEY EXIT THEIR PROPERTY VIA THIS DRIVEWAY.

BOTH HOMES, INCLUDING OUR SUBJECT PROPERTY.

WE ALL COME OUT THIS WAY TO EXIT THE, UH, THE SITE IF YOU WILL.

SO THE ARROW THAT YOU JUST DREW COMING FROM YOUR PROPOSED GARAGE, WHY COULDN'T YOU JUST BACK INTO THAT SAME AREA AND THEN JUST TURN AROUND AND GO? UH, BECAUSE WELL, IF YOU, IF YOU LOOK AT THE PROXIMITY, SO OUR, OUR PROPOSED GARAGE IS, IS ESSENTIALLY HERE THE GREEN BOX OF THIS CORNER.

RIGHT? SO I'M GONNA SCROLL UP.

SO JUST BEAR WITH ME UNTIL I SCROLL UP.

SO, SO THE PROPOSED TWO CAR GARAGE IS OUT HERE.

SO FOR THEM TO REVERSE THAT FAR BACK, IT WOULD BE A BIT DANGEROUS, ESPECIALLY DURING THE WINTER.

SO, I MEAN, THERE'S CHILDREN IN THE NEIGHBORHOOD, THERE'S, YOU KNOW, MANY YOUNG FAMILIES THERE.

SO WE WOULD HAVE TO BE CAUTIOUS NOT TO GO TOO FAR.

AND WE LOOKED AT THIS WITH MY LAND SURVEYOR, ELLIOT SINO, THE ENGINEER.

AND WE TRIED DIFFERENT VARIATIONS WITH A AN S U V WITH A FRONT AXLE, UH, STUDY OF ROTATION.

AND HE WAS JUST CONCERNED THAT THE DISTANCE FROM THE PROPOSED GARAGE, AS PER THE OWNER REQUEST, ASKED TO MEET WITH THIS NEIGHBOR .

'CAUSE THEY ACTUALLY DO PARK CARS HERE.

SO THIS NEIGHBOR DOES PARK MANY CARS.

I THINK EVERY TIME I GO, THERE'S AT LEAST TWO, TWO TO THREE CARS PARKED IN THIS AREA HERE WHERE I'M MOVING THE AREA.

SO IT GOES TO LIFE SAFETY ESSENTIALLY.

COULD YOU GO BACK AGAIN TO THAT, UH, DIAGRAM THAT YOU HAD WHERE YOU SHOW THE CAR BACKING OUT OF THE GARAGE COURSE? JUST BEAR WITH ME PLEASE.

JUST ONE SECOND.

SO HERE'S THE DIAGRAM.

I'LL JUST REMOVE THESE ARROWS AND I'M SORRY, THEY'RE KIND OF A LITTLE BIT LARGE, SO YEAH, NO, I SEE IT.

SO MY QUESTION IS, YOU SHOW THE CAR COMING OUT OF THE GARAGE THAT'S CLOSEST TO THE, TO THE HOUSE, BUT YOU DON'T KNOW CORRECT CAR COMING OUT OF THE GARAGE AS CLOSEST TO THE LINE.

CAN THE, CAN THE CAR COMING OUT OF THE GARAGE TO THE RIGHT DO THE SAME THING? OR WOULD IT HAVE TO DO SOMETHING ELSE? BECAUSE THE PICTURE YOU SHOW BELOW, IT MAKES IT LOOK AS THOUGH IT WOULD BE DIFFICULT TO DO.

SO YOU'D HAVE TO MAKE WHAT YOU CALL BROKEN.

WELL, THE FRONT AXLE ON A, YEAH, I'M SORRY.

PLEASE GO AHEAD.

I, I APOLOGIZE.

I WAS SAYING, WOULD YOU HAVE TO MAKE BROKEN TURNS IN ORDER TO COME OUT OF THE RIGHT SIDE OF THE GARAGE? UH, BASED ON A, A FRONT AXLE STUDY ON A CHEVY SUBURBAN, WHICH IS ROUGHLY ABOUT 18 FEET LONG, WITH A FRONT STUDY ON THE SOFTWARE THAT WE USE AT, UH, WITH THE LAND SURVEYORS, UH, UH, OFFICE, WE WERE ABLE TO DO ONE TURN AS IT'S SHOWN HERE WITH THIS, UH, SMALLER S U V BECAUSE WE COULDN'T FIT THE BIG ONE ON THE GRAPHICS AND IT, IT WOULD ACTUALLY MAKE THE TURN ONE SHOT IF YOU WERE ACTUALLY PARKED ON, IF I CAN MARK, IF THE, UH, THE BIGGER CAR IS PARKED HERE, THIS PARKING SPACE HERE, IT WOULD DEFINITELY MAKE IT, AT THIS POINT IT WOULD HAVE TO BE TWO TURNS.

HOWEVER, WITH RESPECT TO LIFE SAFETY, WE SAW THAT SINCE YOU'RE MAKING ALL THESE TURNS WITHIN YOUR PROPERTY, WE'RE, WE'RE MITIGATING THE RISK OF RUNNING INTO OTHER, YOU KNOW, NEIGHBORING PROPERTY.

'CAUSE THEY WON'T GO THAT FAR BECAUSE IT MAY NOT MEANDER THAT FAR INTO THIS NEIGHBOR PROPERTY TO HAVE ACCESS TO THE, UH, I GUESS JUST ANYTHING IN THEIR PROPERTY.

SO WITH RESPECT TO THAT, WE THOUGHT THAT THIS IS TOO FAR FOR NEIGHBORS TO VENTURE OUT.

SO IT SHOULD BE SAFE TO MAKE AT LEAST TWO

[00:30:01]

TURNS FOR THIS CAR TO LEAVE THE GARAGE AND THEN SAFELY EXIT THE PROPERTY.

SO YOU'RE SOMEWHAT LIMITED TO JUST HAVING TWO CARS COME INTO THE DRIVEWAY? PRETTY MUCH, YES.

SO, UH, WE, THE OWNER'S AWARE THAT THIS IS, YOU KNOW, THERE ARE CERTAIN LIMITATIONS HERE AND, UH, YOU KNOW, THE, THEY'LL HAVE TWO CARS INSIDE THE GARAGE AND MAYBE, YOU KNOW, ONE THAT THEY CAN, YOU KNOW, MAYBE ONE WILL BE OUTSIDE, ONE WILL BE MOVED IN A IN AND OUT.

BUT THIS IS TO THEIR REQUEST.

THEY ARE FULLY AWARE OF WHAT THEY'RE REQUESTING.

AND FROM OUR PERSPECTIVE, WE THOUGHT IT WAS SAFE ENOUGH TO PRESENT THIS TO, TO YOUR BOARD, UH, TO THE BOARD FOR YOUR REVIEW, TO SEE IF YOU WOULD CONCUR WITH, YOU KNOW, WITH, WITH OUR SAFEST LAYOUT, IF YOU WILL.

ANY OTHER QUESTIONS FROM THE BOARD? JUST ONE, JUST ONE QUICK ONE.

UM, COULD YOU JUST DEMONSTRATE WHERE THE DRIVEWAY TO ENTER 4 56 LEY ROAD WOULD BE? BECAUSE I THINK THAT'S WHAT THE QUESTION WAS, WHERE THAT LITTLE BREAKOUT IS? YES.

DOES THAT, IS THAT WHERE THEY PARK 4 4 56 LEY ROAD? YOU ARE CORRECT.

YES.

SO I WILL JUST REMOVE ALL THESE ERROR.

JUST PLEASE BEAR WITH ME SO I DON'T CONFUSE THE BOARD.

SO JUST INDULGE ME FOR ONE SECOND, SIR.

SO I'M REMOVING ALL THIS.

I'M JUST GOING TO POINT OUT 4 56 FOR, FOR THE BOARDS TO, TO RECOGNIZE.

SO THIS IS THE, THAT'S THE LOCATION THAT WAS IN CONFESSION TO A LOT OUR LAST REVIEW.

AND A NEIGHBOR NEXT DOOR AT 4 56 HOURS WROTE, I WROTE A LETTER IN SUPPORT OF THE PROPOSED PROJECT, WHICH WE SUBMITTED WITH THE BOARD FOR YOUR CONSIDERATION, SIR, IF YOU COULD, I, I'M JUST, IF YOU COULD STOP SHARE FOR ONE MOMENT.

I JUST DO WANNA SHOW AN AERIAL WITH THE LOT LINES THAT I THINK THAT'LL HELP THE BOARD TO A DEGREE OF COURSE.

THANK YOU.

AND THEN YOU CAN SHARE AGAIN IF YOU NEED TO.

OF COURSE.

THANK YOU.

OKAY.

SO, UM, THIS IS THE SUBJECT LOT, A FLAG LOT.

AND, UM, JUST WANNA ZOOM IN HERE SO YOU CAN GET A SENSE OF, UH, HOW THE, UH, DRIVEWAYS ARE SHARED.

SO AT ANY TIME A CAR COULD BE PARKED IN THAT LITTLE TURNAROUND AREA THERE, KIND OF OUTSIDE OF HIS PROPERTY, IS THAT THE, THAT WOULD, IS THAT THE NEIGHBOR'S PROPERTY WHERE THAT CAR THAT CAR'S PARKED? YES.

YES, YOU ARE CORRECT.

UH, THERE'S ALWAYS A, AT LEAST ONE CAR PARKED IN THAT LOCATION.

THANK YOU.

FROM MY NEIGHBOR.

OKAY.

THIS IS THE OWNER SPEAKING NOW.

TRYING ANY OTHER QUESTIONS FROM THE BOARD? ALL RIGHT, ANYTHING FROM THE AUDIENCE? IF THERE'S ANYONE ON ZOOM THAT WISHES TO SPEAK, PLEASE UNMUTE YOUR MIC AND YOU CAN SPEAK NOW.

I HAVE NO SPEAKERS.

OKAY.

ALRIGHT.

THANK YOU.

THANK YOU BOARD.

HAVE A GOOD EVENING.

GOOD EVENING.

AND THE NEXT CASE IS CASE 2305, UNITED REFRIGERATION, FOUR 20 SELMA RIVER ROAD.

UH, OH, GOOD EVENING.

MEMBERS OF THE BOARD.

MY NAME IS ANNIE KLEIN.

I'M AN ASSOCIATE AT DELBELLO DEN ALLEN AND WEINGART, AND WE AND WHITAKER HERE TONIGHT ON BEHALF OF UNITED REFRIGERATION.

AND IF I MAY SHARE MY SCREEN.

SURE.

I'LL BRING UP SOME PLANS.

UM, LET'S SEE HERE.

HERE'S THE ARCHITECTURAL PLANS.

OKAY, SO AS THE CHAIR SAID, THIS IS, UM, A PROPOSAL AT FOUR 20 SAWMILL RIVER ROAD.

UH, UNITED REFRIGERATION HAS OCCUPIED THE PROPERTY FOR THE PAST 30 YEARS.

UM, AND IT'S A REAL, UH, SUCCESS STORY THEY'RE LOOKING TO EXPAND.

UM, AND SO WE ARE PROPOSING TO ADD TWO STORIES ONTO THE EXISTING BUILDING.

UM, THIS WOULD ACCOMMODATE THE HVAC AND REFRIGERATION SYSTEMS THAT ARE REALLY, REALLY MASSIVE, AND THAT'S WHAT, UM, THEY WANT TO BE ABLE TO STORE ON THIS PROPERTY.

UM, WHICH IS WHY THE FLOOR TO CEILING HEIGHTS ARE SO HIGH ON THE BUILDING, UM, TO ACCOMMODATE THOSE, UH, THOSE KINDS OF, UH, EQUIPMENT.

UM, RIGHT NOW THE PROPERTY IS, UM, IT'S, THERE'S A ONE STORY WAREHOUSE BUILDING ON THE PROPERTY, WHICH WE ARE PROPOSING TO ADD TWO STORIES TO.

IT WAS BUILT IN 1968 AND THERE ARE 34 EXISTING PARKING SPACES ON THE PROPERTY.

UM, WE LOOKED INTO EXPANDING THE BUILDING INTO THE BACK OF THE PROPERTY THAT WOULD AFFECT A FRESHWATER WETLAND AND STREAM AREA.

SO WE WOULD NEED, AND A LOT OF STEEP SLOPES IN THAT BACK.

SO THERE'S NATURAL FEATURES OF THE PROPERTY THAT WE'RE PRESERVING BY ADDING, UM, STORIES ONTO THE BUILDING, IF WE WERE TO BUILD INTO THE FRONT OF THE PROPERTY, THAT WOULD ENCROACH UPON THE EXISTING PARKING AREA.

AND AS I SAID, BECAUSE OF

[00:35:01]

THE NATURAL FEATURES TO THE BACK OF THE BUILDING, THERE'S REALLY NO OPPORTUNITY TO PROVIDE ADDITIONAL PARKING IN THE REAR OF THE BUILDING.

SO THE WAY TO EXPAND THIS BUILDING IS REALLY TO GO UP PRESERVING THE ENVIRONMENT.

UM, AND I JUST ALSO WANNA POINT OUT, I, LET ME CHANGE MY SCREEN HERE.

THE BUILD THE PROPERTY IS SET AND YOU CAN KIND OF SEE FROM THIS SECTION VIEW HERE.

I CAN ZOOM IN A LITTLE BIT.

THE PROPERTY IS SET IN IN A BOWL, SO IT'S ABOUT 20 TO 30 FEET LOWER THAN THE SURROUNDING PROPERTIES.

SO AS YOU CAN SEE, LET ME ZOOM OUT.

THIS IS, UH, WESTCHESTER PLAZA, UM, TO THE SIDE HERE.

UM, THEY'RE CURRENTLY BUILT WITH ONE STORY BUILDINGS, BUT THEY ARE IN THE PD DISTRICT AND THEY'RE ALLOWED TO BE BUILT TO 40 FEET.

SO WE JUST PRESENTED THIS SECTION DRAWING, SHOWING THAT IF THOSE BUILDINGS WERE BUILT TO THE PERMITTED HEIGHT OF 40 FEET, IT WOULD, OUR BUILDING WOULD BE JUST ABOUT AT THE SAME ELEVATION AS THOSE BUILDINGS BECAUSE OF THE TOPOGRAPHY OF THE PROPERTY.

AND BECAUSE IT'S SET IN THIS BOWL, WE'RE REALLY LOWER THAN THE PROPERTIES AROUND US.

SO THE HEIGHT OF THE BUILDING IS MITIGATED, UH, BY THE FACT THAT THE PROPERTY, THE TOPOGRAPHY OF THE PROPERTY, IS LOWER THAN THE SURROUNDING PROPERTIES BY 20 TO 30 FEET.

UM, SO WE'RE HERE BEFORE YOU TONIGHT FOR VARIANCES TO PERMIT AN INCREASE IN THE HEIGHT OF THE EXISTING BUILDING, FROM TWO STORIES TO THREE STORIES, UM, OF HEIGHT, INCREASE IN THE HEIGHT OF THE BUILDING FROM 25 FEET TO 73 FEET, AND TO PERMIT A REDUCTION IN THE TOTAL NUMBER OF REQUIRED PARKING SPACES AT THE PROPERTY.

THE, UM, EXPANSION OF THE BUILDING REQUIRES ADDITIONAL PARKING.

UM, AND AS I MENTIONED, THERE'S NO REAL LOCATION ON THE PROPERTY TO PROVIDE AN ADDITIONAL PARKING AREA.

SO WE'RE PROPOSING THE EXISTING NUMBER OF PARKING SPACES, WHICH IS 34.

UM, CURRENTLY THE APPLICANT REQUIRES FIVE SPACES EVERY DAY FOR EMPLOYEES, AND, UM, JUST ADDITIONAL ONE OR TWO SPACES FOR DELIVERY TRUCKS.

SO THE PARKING AT THE PROPERTY IS SUFFICIENT FOR THEIR USES.

UM, AND LET'S SEE, THE BUILDING WILL ALSO BE BUILT WITH GREEN INFRASTRUCTURE.

WE'RE PROPOSING TO PUT SOLAR, UH, SOLAR PANELS ON THE ROOF OF THE PROPERTY.

UM, IT WILL ALSO BE ENERGY EFFICIENT WITH L E D LIGHTING AND MOTION SENSORS.

WE'RE GOING TO BE ADDING NEW TREES AND LANDSCAPING, UM, BETWEEN THE PROPERTY LINES WITH THE NEIGHBORS.

AND, UM, OUR ARCHITECT, JEFFREY JORDAN IS HERE TO SPEAK ON THAT TONIGHT IF YOU HAVE ANY QUESTIONS.

UM, AND SO THE ADDITION TO THIS BUILDING WILL NOT INCREASE ANY IMPERVIOUS SURFACE AT THE PROPERTY.

UM, IT'S REALLY JUST ADDING TO THE EXISTING PROPERTY PAR, EXCUSE ME, THE EXISTING BUILDING AND REALLY, UM, PRESERVING THE ENVIRONMENTAL FEATURES OF THE PROPERTY.

UM, SO I JUST WANNA ADD THAT, UM, RESPECTFULLY, THE BENEFIT TO THE APPLICANT OUTWEIGHS ANY DETRIMENT TO THE COMMUNITY.

THIS IS A LONG-TERM, UH, GREENBERG BUSINESS.

THEY'RE LOOKING TO EXPAND THEIR BUSINESS, STAY IN THE TOWN, CONTRIBUTE MILLIONS OF DOLLARS IN CONSTRUCTION AND ADDITIONAL BUSINESS, UH, TO THE TOWN.

AND WE THINK THIS IS A REALLY GOOD PROJECT.

AND STEVE LABLEY FROM UNITED REFRIGERATION IS WITH ME THIS EVENING.

UM, AND SO WE'RE HERE TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE WHEN YOU TALK ABOUT THE BUSINESS DOING SO WELL AND IMPROVING.

UM, ARE YOU SAYING THAT THAT DOESN'T CHANGE THE NUMBER OF, UH, EMPLOYEES THAT ARE NORMALLY ON THE SITE? UM, I'LL LET STEVE TALK TO THAT, BUT YES, I BELIEVE THE EMPLOYEES ARE STAYING THE SAME.

THANK YOU BOARD.

THANKS FOR THE OPPORTUNITY.

CONSIDER OUR PETITION TONIGHT.

UM, WE PLAN ON MOVING THE OFFICE.

SO RIGHT NOW IT'S A SALES OFFICE AND UH, WE, LAST YEAR WE WROTE 20,000 INVOICES AND A CONSERVATIVE ESTIMATE OF, UH, 80% WOULD BE THE NUMBER OF CUSTOMERS.

WE'RE A, WE'RE A WHOLESALE H V A C DISTRIBUTION BUSINESS.

SO WE SELL TO THE CONTRACTORS THAT SERVICE THE RESIDENCES IN THE COMMERCIAL BUILDINGS.

AND SO ALL OF THOSE CUSTOMERS ARE PICKING UP THEIR SUPPLIES, THEIR H V A C EQUIPMENT, AND, UM, ALL OF THAT'S GONE.

THE PROPO, WE WANT TO FIND ANOTHER PLACE IN ELMSFORD TO MOVE THE SALES BRANCH.

THIS IS STRICTLY A WAREHOUSE, SO THE TRAFFIC, UH, WOULD SUBSTANTIALLY DECREASE.

SO ALL OF THOSE INVENTORY, UH, PICKUPS, THOSE PICKS, THEY'RE ALL GONE.

AND, UH, THE IDEA IS, UH, WITH ALL OF THE CONSTRUCTION GOING ON IN THE HUDSON VALLEY, WE SUPPORT THE CONSTRUCTION INDUSTRY WITH THESE, UM, WITH THE EQUIPMENT WE SELL.

SO, UH, WE'RE LOOKING FOR A PLACE TO STORE ROOFTOP UNITS, 2, 3, 4 TON UNITS THAT

[00:40:01]

GO ON THE ROOF.

RIGHT NOW, OUR AVERAGE BRANCH IS EIGHT TO 10,000 FEET.

WE CAN'T STORE THAT IN OUR BRANCHES.

UM, BY THE WAY, WE HAVE ABOUT 21 BRANCHES LOCALLY, UH, 10 IN NEW YORK CITY, NINE IN NORTH JERSEY, ONE IN STANFORD, ONE IN ELMSFORD, ELMSFORD.

UM, AND THIS IS A KEY LOCATION FOR US.

AND SO WHAT WE'D LIKE TO DO IS STORE THESE LARGE ROOFTOPS UNIT ROOFTOP UNITS SO WE CAN GO DIRECTLY TO THE CONSTRUCTION SITES.

AND SO YOU'RE TALKING A FEW TRUCKS A DAY.

I WOULD SAY SIX TO EIGHT PER WEEK AS OPPOSED TO TRAFFIC ALL DAY LONG.

WE'RE A SEASONAL BUSINESS, SO WE'RE VERY BUSY IN THE SUMMERTIME AND NOT SO BUSY IN THE WINTERTIME.

UM, SO THAT'S, THAT'S THE IDEA.

SO, TO AN ANSWER YOUR QUESTION, UH, YES, WE, WE ARE EXPANDING.

THE IDEA IS JUST THIS IS AN OVERFLOW WAREHOUSE.

THIS IS NOT A WAREHOUSE THAT'S GOING TO SUPPORT, UH, ALL OVER THE COUNTRY.

THIS IS A PLACE TO STORE THESE LARGE UNITS FOR THE BRANCHES AROUND HERE.

AND, UM, IT'S, WE, WE DON'T DO ANY MANUFACTURING.

UM, AND AS I SAY, UH, THE TRAFFIC SHOULD SUBSTANTIALLY DECREASE .

UM, CAN YOU, SO THE REFRIGERATION UNITS WILL BE INSIDE THE BUILDING ON THE SECOND AND THIRD FLOORS YES.

OF THE BUILDING.

WE'RE OF A FREIGHT ELEVATOR WE'RE PROPOSING.

UM, YEAH.

AND HOW TALL ARE THESE UNITS? THE OH, THE UNITS, THE, WELL, IT'S THE CEILING BECAUSE THE HEIGHT IS SIGNIFICANTLY, WELL, IT'S ABOUT THE RACKING AND STACKING OF THEM.

UM, UM, 'CAUSE 73 FEET, I EVEN THOUGH THE BUILDING IS SUNK DOWN, THAT'S A SIGNIFICANT, IT'S A VERY TALL BUILDING FOR ONLY THREE STORIES.

YOU KNOW, IN OTHER WORDS, 73 FEET, YOU COULD IMAGINE LIKE A SIX STORY BUILDING YES.

FITTING IN THERE.

SO I'M JUST WONDERING WHY CAN YOU DO THEM IN TWO, CAN YOU PUT SOME ON THE GROUND FLOOR AND ON A SECOND FLOOR AND NOT HAVE A THIRD FLOOR, OR, OR DO YOU WELL, WE CERTAINLY COULD, BUT, UH, WELL, I THINK , NO, I THINK THE ANSWER IS THAT, UM, BASED ON THE NUMBER OF UNITS THAT THEY WOULD BE PROVIDING IN THIS, UM, IN THIS WAREHOUSE FACILITY, UM, AND BASED ON THE SIZE OF THE UNITS AND HOW THEY COULD PLACE THEM FOR WAREHOUSING PURPOSES IN THE BUILDING, THAT'S WHY THE FLOOR TO CEILING HEIGHT IS SO HOT.

IS, IS, IS SO INCREASED OVER WHAT YOU WOULD THINK FOR A THREE STORY.

HOW MANY UNITS ARE BEING STORED THERE NOW? WELL, THEY'RE NOT STORING THESE UNITS THERE NOW.

OH, NOW IT'S JUST AN OFFICE.

YEAH, IT'S, IT'S A WHOLESALE DISTRIBUTION FACILITY.

THERE'S CUSTOMERS THAT SHOW UP EVERY DAY TO BUY, BUY, THEY SHOW UP IN VANS OR PICKUP TRUCKS.

SO THEY'RE PICKING UP SMALLER UNITS.

OKAY.

WE'RE TALKING ABOUT EXPAND.

SO THAT'S GOING AWAY, EXPANDING THE BUSINESS TO BE, THAT'S GOING AWAY.

WE'RE EXPANDING THE BUSINESS TO BE ABLE TO WAREHOUSE THESE LARGE UNITS, UM, FOR DISTRIBUTION TO THE CONSTRUCTION SITES AROUND THE AREA.

UM, WHICH THEY DON'T CURRENTLY HAVE THAT OPPORTUNITY TO DO THAT IN THIS AREA RIGHT NOW.

SO I GUESS I'D WANNA KNOW HOW MANY UNITS YOU PLAN TO STORE IN THIS FACILITY.

OKAY.

WE CAN FIND THAT OUT.

I CAN FIND THAT OUT FOR YOU.

YEAH, I MEAN, IN, IN OTHER WORDS LIKE WHY CAN'T YOU JUST HAVE TWO FLOORS AND, AND GO UP TO MAYBE 50 FEET INSTEAD OF THREE AND 70? LIKE WHAT, IS THERE A PARTICULAR REASON WHY YOU NEED THE THIRD STORY? IS THERE SOME SORT OF FINANCIAL REASON? IS IT YEAH.

MAKING OR BREAKING IT BY NOT HAVING THE THIRD FLOOR? SURE.

WE CAN, WE CAN DEFINITELY FIND THAT OUT FOR YOU.

MY, MY QUESTION IS SIMILAR TO THAT, THAT IT FROM YOUR DRAWINGS, THE FIRST FLOOR IS AN INDOOR PARKING SPOT LOT.

SO I WAS CURIOUS WHY YOU WEREN'T JUST BUILDING A TWO STORY BUILDING WITH OPEN PARKING ON THE ROOF.

SO I'M, I'M SORRY IF, IF THAT WAS CONFUSING.

WE'RE NOT ACTUALLY PROPOSING TO LAND BANK SPACES BECAUSE WE'RE ASKING FOR A PARKING VARIANCE.

UM, WHEN WE FIRST, UH, STARTED WORKING WITH THE TOWN AND, AND THE PLANNING BOARD ON THIS, UM, WE PROPOSED THAT THE FIRST FLOOR COULD BE USED FOR PARKING FOR A FUTURE USER.

WE WERE NEVER PROPOSING TO USE THE PARKING ON THE FIRST FLOOR FOR OURSELVES.

THAT WAS JUST TO SHOW THAT IF ANOTHER USER AT SOME TIME DOWN THE LINE HAD TO COME IN AND NEEDED MORE PARKING THAN WAS ON THE PROPERTY, THEY COULD USE THAT FIRST FLOOR FOR 55 SPACES.

WE'RE NOT PROPOSING TO USE THAT FOR PARKING.

WE'RE PROPOSING TO USE THE FIRST FLOOR, UM, FOR WAREHOUSE STORAGE, TRAINING ROOMS, OFFICES,

[00:45:01]

A CONFERENCE ROOM, BATHROOMS, KITCHEN LUNCH ROOM, A LOUNGE ROOM, AND A, UM, AND A LOADING DOCK.

UM, SO THE, THAT'S THE PARKING WAS, WAS FOR A FUTURE USER, BUT THE BUILDING DEPARTMENT DETERMINED THAT LAND BANKING HERE WASN'T, UH, WASN'T THE METHOD WE SHOULD BE LOOKING FOR.

SO THAT'S WHY WE'RE ASKING FOR THE 34 PARKING SPACES.

UM, THE VARIANCE FOR THIS THAT'S NOT YOUR APPLICATION DOES, DOES NOT SHOW WHAT YOU'RE DESCRIBING.

UM, JEFFREY, WHAT? OH, I HAVE THIS, UM, LET ME SHOW, LET ME GET THE ARCHITECTURAL HERE.

SO IT'S, UM, IT'S SHEET, WHAT WE'RE PROPOSING IS SHEET A 100.

SO I THINK GOING FORWARD, UM, IT MAY MAKE SENSE TO, FOR THE REC PURPOSES OF THE RECORD, TO CLARIFY THAT ANY PRIOR SHEET THAT SHOWED PARKING ON THAT FIRST FLOOR IS NOT PART OF WHAT YOU'RE SEEKING TO HAVE APPROVED.

RIGHT.

OKAY.

UNDERSTOOD.

AND I, I APOLOGIZE FOR THAT CONFUSION.

I HAVE A COUPLE OF QUESTIONS.

UM, THE FIRST QUESTION IS JUST TO PIGGYBACK ON WHAT MY FELLOW BOARD MEMBER SAID IN REGARDS TO THE REFRIGERATION.

I DUNNO IF MY MIC IS ON.

YEAH, I JUST WANNA MAKE SURE YOUR MIC'S ON.

IS THAT BETTER? OKAY, SORRY ABOUT THAT.

SO IN REGARDS TO THE, THE REFRIGERATION THAT'S GOING TO BE HOUSED ON THE FLOORS, UM, HAVE YOU CONSIDERED THE NOISE THAT'S GOING TO BE EMITTED BECAUSE THIS IS IN A RESIDENTIAL AREA.

DO THESE REFRIGERATION UNITS MAKE NOISE AND DO THEY SHAKE BECAUSE PEOPLE DO LIVE IN THE AREA AND IS, ARE THERE GONNA BE SOUND, SOME SORT OF SOUND RESTRICTIONS OR THINGS THAT YOU CAN DO TO MINIMIZE THAT NOISE? SO THEY, THESE UNITS WON'T ACTUALLY BE TURNED ON.

THEY'LL JUST BE, THEY'RE, YOU KNOW, THEY'LL, THEY'LL JUST BE SITTING THERE WAITING FOR TION IN BOXES YEAH.

INBOXES.

EXACTLY.

AND THEN WHEN THEY'RE READY TO BE DELIVERED TO THE CONSTRUCTION SITE, THEY'LL BE DELIVERED TO THE CONSTRUCTION SITE, AT WHICH POINT THEY'D BE HOOKED UP AND TURNED ON.

OKAY.

THEY WON'T BE ON OR ANYTHING LIKE THAT IN THE WAREHOUSE ITSELF.

OKAY.

JUST WANNA CLARIFY.

MM-HMM.

AND MY OTHER QUESTION WAS THE, THE TRUCKS, YOU SAID THEY'RE GONNA BE WAREHOUSE TRUCKS COMING IN MM-HMM.

, I KNOW WE DID RECEIVE A LETTER FROM ONE APPLICANT, UM, THAT LIVES NEARBY EXPRESSING THAT THEY HAVE CHILDREN.

AND WITH THE BUSES IS THESE TRUCKS THAT ARE BE GONNA BE COMING SIX TO EIGHT, YOU SAID TIMES PER WEEK.

WHAT ARE THE HOURS? 'CAUSE WE DON'T WANT THEM TO CONFLICT WITH WHEN SCHOOL BUSES COME AND THEN THAT BECOMES A CONGESTION IN THAT AREA.

RIGHT.

WITH BUSES TRYING TO PICK UP AND DROP OFF CHILDREN.

AND THEN YOU HAVE THESE BIG TRUCKS THERE TRYING TO DO MASSIVE UNLOAD.

WHAT ARE, HOW ARE YOU GONNA HANDLE THAT? THERE STILL ARE LARGER TRUCKS THAT DO DELIVERIES AND RIGHT NOW DELIVER THE EQUIPMENT.

AND THEN THERE'S A LOT MORE TRAFFIC WITH PICKUP TRUCKS AND SMALLER VANS THAT COME TO, TO BUY THE EQUIPMENT FROM THE WHOLESALE BUSINESS.

RIGHT NOW, UM, I DON'T, I'M NOT CLEAR ON THE HOURS OF OPERATION, WOULD YOU, UH, GENERALLY SEVEN TO 4, 7, 5.

GET ON THE MIC.

GET ON THE MIC PLEASE.

OH, SO IT'S IN THE EVENING.

THESE TRUCKS WILL BE DOING THE DELIVERIES? NOT DURING THE DAY.

GO AHEAD JEFFREY.

I'M, I'M, UH, JEFFREY JORDAN, THE ARCHITECT.

SO THE, UH, PEOPLE THAT WERE, UH, THAT HAD THE CHILDREN, THEY'RE ON HUNTER LANE, WHICH IS, UH, AND THE, THE WAREHOUSE IS ON SAWMILL RIVER ROAD, SO THERE'S NO, THE, THE TRUCKS AREN'T GONNA BE ANYWHERE NEAR WHERE THE CHILDREN ARE.

IT'S, UH, THEY'RE, THEY'RE, THEY'RE DIFFERENT.

THE, AT THE FRONT OF THE LOT, THERE'S A FORD DEALERSHIP, A CAR DEALERSHIP MM-HMM.

.

AND THEN YOU COME IN AND THE WAREHOUSE IS THERE AND IT'S BASICALLY DEALING WITH THE TRAFFIC UP AND DOWN SAMO RIVER ROAD.

IT'S NEAR SAM'S CLUB AND THE SHOP.

RIGHT.

YEAH.

RIGHT.

I'M FAMILIAR WITH THAT AREA.

MM-HMM.

.

SO THE, SO YOU'RE SAYING THAT THERE, THE HOURS THAT THESE TRUCKS ARE COMING, THERE WILL BE NO CONGESTION WITH THE TRAFFIC.

WE JUST WANNA MAKE SURE THAT THE NO, YEAH.

NOT, NOT ANYMORE THAN IS EXISTS ALSO.

IT IS.

OKAY.

YEAH.

YEAH.

IT'LL BE LESS TRAFFIC OVERALL.

AND I JUST WANTED TO MENTION THAT THE CURRENT WAREHOUSE IS 24 FEET HIGH INSIDE AND, AND THEY STORE THE UNITS GOING UP PRETTY CLOSE TO THE CEILING.

SO THAT'S WHY WE MADE TWO MORE FLOORS OF 24 FEET EACH AS WELL, BECAUSE IT'S, UH, THEY'RE GONNA BE SERVING THE, UH, METRO NEW YORK AREA, CONNECTICUT, NEW JERSEY, AND THE HUDSON VALLEY.

IT'S A BIG AREA, SO THEY NEED A LOT OF STORAGE.

WELL, WELL THAT JUST, THAT KIND OF ANSWERED ANOTHER

[00:50:01]

COUPLE QUESTIONS THAT I HAD.

SO IN THE ORIGINAL OPENING STATEMENTS THAT YOU MADE REGARDING PARKING, UM, I THOUGHT THAT YOU SAID PART OF CONSTRUCTION WAS SO THAT YOU DIDN'T NEED TO REQUEST ADDITIONAL PARKING.

BUT THEN AS WE GET FURTHER INTO, AND THIS IS THE CONVERSATION I BELIEVE THAT WE'RE HAVING ONLINE AS WELL, IS THAT THAT PARKING WAS THEN KIND OF MOVED INDOORS, WHICH FOR US AS A BOARD, JUST UNDERSTANDING THAT IF ANOTHER PERSON, UM, HOW LONG HAS THE BUSINESS BEEN IN EFFECT? 30 YEARS? 30 YEARS? THAT'S BEEN EARLY NINETIES.

THAT IF FOR WHATEVER REASON, YOU KNOW, RIGHT.

WANT EVERYTHING TO STAY IN PLACE FOR THE NEXT A HUNDRED YEARS.

BUT IF, AGAIN, AS YOU'RE SAYING, THIS PROPERTY, IF WE WERE TO DO THIS, WOULD NOT HAVE THE APPROPRIATE NUMBER OF PARKING SPACES, EVEN THOUGH YOU HAVE KIND OF DESIGNED AN ALTERNATIVE MODALITY, UM, LET'S SAY FOR ARGUMENT SAKE IT WAS GONNA BE A SCHOOL OR A GYMNASTICS FACILITY, YOU WOULDN'T THEN PARK CARS INSIDE THAT FACILITY.

SO JUST UNDERSTANDING THAT THAT PARKING REDUCTION THAT YOU'RE ASKING IS QUITE SIGNIFICANT.

YEAH, AND IT'S, IT'S BASED ON, BECAUSE THE SIZE OF THE BUILDING, UM, THE TWO ADDITIONAL STORIES, UH, THE REQUIRED PARKING IS BASED ON THE SQUARE FOOTAGE.

SO EVEN SO, AS I SAID, WE ONLY HAVE A, A REQUIREMENT OF FIVE PARKING SPACES EVERY, UH, WE ONLY NEED FIVE PARKING SPACES EVERY DAY AND ABOUT 20, ONCE OR TWICE A YEAR FOR TRAINING PURPOSES.

RIGHT.

UM, BUT THE, UH, YEAH, I'M, WE, SO THAT'S WHY WE DID SHOW THAT A FUTURE USER COULD PUT 55 PARKING SPACES ON THAT FIRST FLOOR IF THEY CAME IN AND 34 PARKING SPACES WERE NOT SUFFICIENT FOR THEIR USE.

UM, OBVIOUSLY THEY WOULDN'T BUY A PROPERTY THAT DIDN'T HAVE ENOUGH PARKING FOR WHATEVER THEY NEEDED.

MM-HMM.

.

UM, SO, YOU KNOW, THAT WOULD BE A CONSIDERATION FOR A FUTURE USER DOWN THE LINE.

BUT, UM, IN SPEAKING WITH THE BUILDING DEPARTMENT, IT WAS DETERMINED THAT RATHER THAN IT KNOW, TRY TRY TO SHOW THAT SOME FUTURE USER COULD PUT PARKING THERE.

WE WOULD JUST ASK FOR THE FULL VARIANCE TO HAVE THE EXISTING 34 SPACES.

UM, BUT WE, YOU KNOW, WE DID WANNA SHOW THAT THAT COULD BE, THERE'S A POSSIBILITY, SOME, A POSSIBILITY FOR A FUTURE USER TO MITIGATE THAT.

BUT, UM, YOU KNOW, A FUTURE USER WOULDN'T BUY THE PROPERTY IF THERE WASN'T ENOUGH PARKING FOR THEM.

OKAY.

JUST A QUICK NOTE PROCEDURALLY, I JUST WANNA BUILD ON THAT FOR A SECOND.

UM, IF A SUBSEQUENT NEW OWNER CAME INTO THE BUILDING AND SOUGHT TO, UH, CHANGE USES TO A MORE, UH, USE THAT REQUIRED MORE OFF STREET PARKING CONCE, THEY WOULD LIKELY HAVE TO COME BACK TO THE ZONING BOARD, UM, TO RATIONALIZE THAT BECAUSE THEY WOULD BE UNDERSIZED.

UM, CORRECT.

SO, UM, AS OF RIGHT USES WOULD GENERALLY BOX INTO WAREHOUSE SELF-STORAGE, THAT TYPE OF THING, IN A FUTURE SCENARIO, WITHOUT COMING BACK TO THE BOARD TO SHOW SOME SCENARIO WHERE THEY EITHER BRING MORE PARKING OR COME FOR SIMILAR VARIANCE.

A ALONG WITH THAT, IF, AND, AND I REALIZE THIS IS JUST SPECULATIVE POSSIBILITY, IF A BUSINESS CAME IN AND WOULD NOT NEED THAT THIRD FLOOR TO BE SO HIGH, COULD THEY THEN SUBDIVIDED INTO A FOURTH FLOOR SO THAT THEY COULD USE IT? SO ALONG THOSE SIMILAR PREMISE, UH, ONE WOULD HAVE TO COME BACK TO THE TOWN, SUBMIT A ZONING COMPLIANCE FORM, WHICH WOULD SHOW THE ALLOCATION OF SQUARE FOOTAGE USE.

AND IN A HYPOTHETICAL LIKE THAT, THAT WOULD CERTAINLY TRIGGER, UH, AN AREA OF VARIANCE FOR LACK OF PARKING.

AND THEN IT WOULD BE UP TO THE BOARD TO DETERMINE WHETHER THAT WAS RIGHT AT THAT TIME.

OBJECT.

GETTING BACK TO WHAT IS THE HEIGHT OF THE FIRST FLOOR? THE FIRST FLOOR IS, UH, 24 FEET RIGHT NOW.

AND THE FLOORS THAT YOU'RE BUILDING ARE HOW HIGH? THEY'RE ABOUT 24.

INSIDE.

INSIDE, THEY'RE ABOUT 24 FEET AS WELL.

SO I'M, I'M JUST TRYING TO UNDERSTAND WHY YOU COULDN'T USE THAT FIRST FLOOR FOR STORAGE.

AND IF YOU HAVE TO BUILD A THIRD FLOOR, BUILD AT HALF THE HEIGHT OF WHAT YOU'RE BUILDING TO MAKE IT THE OFFICES IN THE LUNCHROOM AND WHY YOU'RE, WHY YOU'RE GOING FOR ALL THIS EXTRA HEIGHT.

IT HAS TO DO WITH THE STACKING OF THE INVENTORY.

IT HAS TO DO WITH THE STACKING OF THE INVENTORY.

WE WANT TO MAXIMIZE THE SPACE AVAILABLE.

UM, THE OFFICES IN THE TRAINING ROOM ARE ALREADY, UM, EXISTING.

WE, WE DON'T WANNA MOVE THOSE.

UM, SO THE IDEA IS TO, UH, I WISH I HAD MY, A WAREHOUSE MANAGER HERE TO KIND OF EXPLAIN HOW THE FORKLIFTS WORK AND HOW HIGH THE FORKLIFTS ARE AND THE PALLETS AND THE WAY THAT THEY UNITS HAVE TO BE STACKED.

BUT, UH, THAT'S WHY WE'RE ASKING FOR THE THIRD FLOOR.

BUT IT SOUNDS LIKE IT'S THE SAME HEIGHT ALREADY.

THAT'S WHERE I'M CONFUSED.

UM, IF YOU'RE SAYING IT'S 22 TO 24 FEET AND YOU'RE BUILDING 24 FEET ON TOP, I'M, I'M NOT, I'M NOT SURE I UNDERSTAND WHAT YOU'RE ASKING.

MAYBE

[00:55:01]

SHE'S SUGGESTING THAT YOU TAKE THE, THAT 24 FOOT FIRST FLOOR AND STORE ITEMS THERE AND THEN PUT THE OFFICES AND THE OTHER USES ABOVE.

YEAH.

CAN I RESPOND? SURE.

THIS IS, UH, JEFF JORDAN ARCHITECT.

IF YOU LOOK AT THE PLAN THAT'S UP THERE NOW, THE OFFICES TAKE UP MAYBE LESS, MAYBE LESS THAN A THIRD, MAYBE A QUARTER OF THE FLOOR AREA.

SO THE REST IS ALL, UH, WAREHOUSE STORAGE.

SO, AND THAT AREA, THERE'S PART OF THAT AREA THAT USED TO BE THE STORE AND THAT STORE IS BEING TAKEN OUT.

SO THE FIRST FLOOR IS GONNA BE LIKE, I WOULD SAY THREE QUARTERS OR MAYBE 80% STORAGE.

AND THEN THE SECOND AND THIRD FLOOR WOULD BE 100% STORAGE EACH FLOOR.

OKAY.

RIGHT NOW, THE FIR I I, I'M CONFUSED.

MY UNDERSTANDING IS RIGHT NOW THERE'S NO STORAGE ON THE FIRST FLOOR.

NO, NO.

THERE'S, AND YOU'RE BUILDING TWO STORIES OF STORAGE.

NO, ON THE FIRST FLOOR IT'S ABOUT 80% STORAGE AND 20% OFFICES IN STORE.

SO IS THE FOOTPRINT OF THE OFFICES STAYING THE SAME? BECAUSE PREVIOUSLY YOU MENTIONED THAT YOU WERE MOVING THE OFFICES TO ANOTHER LOCATION IN ELMSFORD? NO, THE STORE IS ACTUALLY MOVING WHERE THEY SELL, UH, WHOLESALE PARTS TO CONTRACTORS MM-HMM.

, BUT THE OFFICES ARE REMAINING.

OKAY.

IT'S NOT, IS THAT WHAT WAS SAID, A STOREFRONT AS IT IS NOW, THE OFFICES WILL STAY THERE.

OKAY.

BUT THE SALES WILL MOVE NEARBY.

WE, WE'VE BEEN LOOKING FOR A WHILE IN ELMSFORD.

OKAY.

YOU KNOW WHAT MIGHT BE HELPFUL, AT LEAST FOR ME, BECAUSE THINGS ARE CHANGING FROM THE PLANS AND THE CONVERSATION, COULD YOU DESCRIBE EXACTLY FLOOR BY FLOOR, WHAT YOU'RE BUILDING, WHAT THE HEIGHTS ARE, WHO'S, WHAT'S GOING IN THERE? BECAUSE IT'S ALL GETTING A LITTLE MUDDY RIGHT NOW.

UM, I'LL, I'LL RESPOND.

SO ON THE FIRST FLOOR, UH, WE'RE ACTUALLY NOT BUILDING MUCH.

WE'RE JUST GOING TO TAKE OUT THE EXISTING, UH, WAREHOUSE STORE, AND WE'RE LEAVING THE EXISTING TRAINING ROOM AND TWO OFFICES IN A CONFERENCE ROOM.

THE REST OF THE STORAGE IS REMAINING THE SAME, AND WE'RE ADDING A FREIGHT ELEVATOR TO GO UP TO THE SECOND AND THIRD FLOORS.

THE SECOND FLOOR WILL BE ENTIRELY STORAGE, AND THE THIRD FLOOR WILL BE ENTIRELY STORAGE.

SO THAT'S THE SECOND FLOOR.

AND THEN THIS IS THE THIRD FLOOR.

JUST, JUST SHOWING THAT IT WILL BE ALL STORAGE.

DOES THAT MAKE IT CLEAR TO YOU? I, I'M JUST, ARE THE WORDS THAT YOU'RE USING WAREHOUSING AND STORAGE INTERCHANGEABLE OR ARE THOSE DIFFERENT ITEMS? NO, THOSE ARE INTERCHANGEABLE WORDS.

OKAY.

JUST THE BEING.

OKAY.

SO I BELIEVE THERE'S A FEW SPEAKERS, UH, FOR SURE HERE TONIGHT.

OKAY.

IS THERE ANYONE THAT'S SITTING HERE IN THE AUDIENCE THAT WANTED TO SPEAK ABOUT THIS? OOPS, SORRY.

OKAY.

LADIES FIRST.

GOOD EVENING.

MY NAME IS PATRICIA RUSSELL.

I'M THE OFFICE MANAGER FOR WESTCHESTER HILLS CONDOMINIUMS, WHICH IS WITHIN, I BELIEVE, I'M NOT GOOD AT MEASUREMENTS, BUT WE ARE, UM, CLOSE TO THIS FACILITY.

WE'RE BEHIND THE SHOPRITE UP THE HILL.

I'M JUST GONNA READ THE LETTER THAT I'VE ALREADY SUBMITTED FOR THE RECORD REGARDING THIS CASE.

WESTCHESTER HILLS CONDOMINIUMS BOARD OF MANAGERS, AS REPRESENTATIVES OF ITS 214 CONSTITUENTS.

IT'S HEREBY ADVISING YOU THE TOWN OF GREENBURG ZONING BOARD FOR THE RECORD OF ITS OPPOSITION TO THE GRANTEE OF A ZONING VARIANCE REQUESTED BY UNITED REFRIGERATION LOCATED AT FOUR 20 SOOMO RIVER ROAD, ELMSFORD, NEW YORK TO TRIPLE THE HEIGHT OF THEIR BUILDING FROM 25 TO 73 FEET, OR ANY VARIANCE, ALLOWING ANY HEIGHT INCREASE ABOVE 50 FEET.

FURTHERMORE, WE OPPOSE ANY FUTURE VARIANCE PERMISSION RELATED TO ANY FURTHER BUILDING'S HEIGHT INCREASE IN THE AREAS ADJACENT TO THE WESTCHESTER HILLS CONDOMINIUMS GREATER THAN 50 FEET.

WHILE WE RECOGNIZE THIS IS A BUSINESS ZONED AREA, PLEASE CONSIDER THE RESIDENTIAL PORTIONS INCLUDED IN SAME, NOT ONLY WESTCHESTER HILLS CONDOMINIUMS, BUT ALSO BOTANICAL PARK AND VARIOUS SMALL HOUSES LOCATED IN THE ADJACENT AREAS.

YOU ARE HEREBY PUT ON NOTICE OF OUR OBJECTIONS OF AS STATED ABOVE.

THANK YOU VERY MUCH.

[01:00:01]

UH, ANNIE, IF YOU COULD PLEASE TURN YOUR VIDEO OFF ON THE ZOOM.

THANK YOU.

OKAY.

NEXT SPEAKER.

GOOD EVENING.

MY NAME IS DANIEL GAGLIARDI.

I'M ONE OF THE OWNERS OF 44 EXECUTIVE BOULEVARD.

IT'S THE BUILDING, IF YOU'RE FACING UNITED REF.

THE SUBJECT PROPERTY, WE'RE TO THE REAR LEFT HAND SIDE OF THE BUILDING.

UM, AND EVEN THOUGH THEY SAY THAT THE BUILDING IS IN THE HOLE, IT IS TRUE, BUT IT'S STILL GOING TO BE DOUBLE THE SIZE OF OUR BUILDING, WHICH IS A TWO STORY BUILDING.

UM, I JUST, WE JUST OPPOSE IT.

I JUST THINK IT'S OVERBEARING, ESPECIALLY FOR THE HOUSES THAT ARE RIGHT NEXT TO US ON HUNTER LANE.

IT'S JUST GONNA BE A MAMMOTH STRUCTURE TOWERING OVER US.

THANK YOU.

NEXT.

GOOD EVENING.

MY NAME IS CORINA PACO AND I LIVE RIGHT HERE.

DO YOU WANNA SPELL YOUR NAME, PLEASE? CORINA PACO.

AND MY, MY, MY HOUSE IS RIGHT BEHIND.

YOU NEED TO SPELL.

SHE'S ASKING YOU TO SPELL YOUR NAME.

OH, SPELL IT? YES.

THE LAST NAME.

'CAUSE SOMEONE'S TAKING IT DOWN.

SOMEONE'S TAKING, OH, OKAY.

PACO, P A I C O, CORINA, C O R I N A.

AND THIS IS MY SON LUIGI.

WE LIVE RIGHT BEHIND THE BUILDING THAT THEY HAVE.

AND ACTUALLY MY HUSBAND SENT EARLY THIS MORNING A PICTURE IF YOU ARE ABLE TO SHOW IT.

AND ALSO A LETTER THAT WE'RE WILLING TO READ IT NOW AND ACTUALLY LISTEN AFTER LISTENING TO THEIR PRESENTATION AND TRYING TO UNDERSTAND, AND IT'S VERY CONFUSED.

THERE'S SAYING THAT IS GONNA BE LESS TRAFFIC, WHEN ALSO THEY MENTIONED THAT THEY'RE GONNA HAVE BIGGER UNION UNITS AND THEY'RE TRYING TO MAXIMIZE THE, THE STORAGE ROOM THAT THEY HAVE FROM 25 FEET TO 73 FEET.

SO I'M JUST THINKING, HOW ARE THEY GONNA DELIVER, TRANSPORT THESE BIGGER UNION UNITS TO THEIR POINT A TO POINT B? SO THEY'RE ACTUALLY GONNA NEED NOT JUST A PICKUP TRUCK OR A SMALL TRUCK, THEY'RE GONNA NEED A BIGGER TRUCK.

WE'RE TALKING ABOUT 18 WHEELS.

I DON'T KNOW HOW THEY CALL IT, BUT THAT'S WHAT IT IS.

SO IT IS GONNA CREATE MORE TRAFFIC.

WE DO HAVE KIDS THAT GO TO SCHOOL AND THE BUS THAT GOES THAT ROAD.

SO THAT'S MY CONCERN.

I'M REALLY WORRIED ABOUT IT.

MY KIDS ARE, SINCE I'M RIGHT BEHIND THEIR BUILDING, I JUST CAN'T IMAGINE HOW IT'S GONNA IMPACT TO OUR FAMILY TO HAVE THAT 73 FEET RIGHT BEHIND US.

IF YOU SEE OUR PICTURES, YOU'RE GONNA BE ABLE TO SEE MM-HMM.

, THAT'S, UH, THE WHITE PART IS OUR FENCE.

AND RIGHT ON, RIGHT THERE IS THEIR BUILDING.

AND THAT'S 25 FEET OR 24.

CAN YOU, IN MY X 73, WE'RE NOT GONNA BE ABLE TO SEE THE SUN.

MY KIDS RUN OUTSIDE.

WE ENJOY HAVING, YOU KNOW, FAMILY MEETINGS AND REUNIONS IN THE BACKYARD.

I JUST CANNOT SEE MYSELF HAVING, UH, 73 FEET IN THE BACK OF MY HOUSE.

AND I WOULD LIKE TO, FOR MY SON TO READ HIS LETTER.

I'M GONNA BE READING THIS LETTER ON BEHALF OF MY DAD, LUIGI RERA.

TO WHOM IT MAY CONCERN, MY NAME IS LU GI RERA, MY WIFE KARINA PICO, AND I LIVE AT 18 HUNTER LANE, , NEW YORK, 1 0 5 2 3.

ALONG WITH OUR TWO KIDS, WE HAVE BEEN NOTIFIED VIA MAIL OF A POSSIBLE EXPANSION AT UNITED REFRIGERATION BEHIND OUR HOME.

WE JUST WANT TO EXPRESS OUR DISAPPROVAL WITH THE APPLICATION RE REQUEST TO EXPAND FROM 25 FEET TO 73 FEET IN HEIGHT.

THE BUILDING AS IT IS NOW, IS NOT THE PRETTIEST SITE AS IT CURRENTLY SITS RIGHT BEHIND OUR HOME.

I CAN'T IMAGINE IT BEING TWO STORIES HIGHER THAN THAT.

THE AMOUNT OF SUNLIGHT BLOCKED AND THE LACK OF PRIVACY IT WOULD CREATE IT.

IT'S NOT SOMETHING WE LOOK FORWARD TO.

WE LOVE SPENDING TIME WITH OUR KIDS IN OUR YARD AND THE DECK.

AS SOON AS THE THE WEATHER ALLOWS IT, I'M SURE THIS EXPANSION WILL CAUSE DISTURBANCE TO OUR ROUTINE.

WE HOPE THAT THE TOWER, THE, THE TOWN MAKES A DECISION TO DENY THE REQUEST FOR THE EXPANSION.

FOR REGARDS, LUIGI W RERO.

THANK YOU.

THANK YOU.

NEXT, UH, SIR, COULD, COULD I PLEASE HAVE THE LETTER? DO YOU WANNA FOR THE RECORD? I, I KNOW YOU EMAILED IT IN, BUT WE'LL TAKE IT.

THANK YOU VERY MUCH.

OKAY.

LETTER.

YOU HAVE TO GET ON MIC, SIR.

OH, HE WANTS HIS LETTER BACK SO THAT HE CAN OH, YOU WANT, I KNOW YOU DIDN'T HAVE YOUR READING GLASSES, .

THAT'S OKAY.

COULD I, DID YOU WANT, CAN I COME NOW?

[01:05:01]

OKAY.

YES.

YOU WANT SOME GLASSES? GONNA READ.

OKAY.

OH, OKAY.

SOMEONE'S GONNA READ FOR, HE HAS SOMEONE TO READ IT FOR YOU.

SO NO, YOU HAVE TO GO ON, SIR, YOU HAVE TO GO ON.

SO WE CAN GET YOUR NAME, PLEASE.

OH, OKAY.

MY NAME IS CHARLES TAYLOR AND I OWN ONE OF THE HOUSES ON 16 HUNTER LANE.

THANK YOU.

YOU'RE WELCOME.

UM, THE APPLICANT AND THE SUBJECT CASE IS SEEKING VARIANCE TO DECREASE THE REQUIRED NUMBER OF PARKING SPACES AND ADD TWO STORIES TO ITS EXISTING BUILDING AT FOUR 20 SAWMILL RIVER ROAD, CREATING A THREE STORY 73 FOOT HIGH WAREHOUSE STRUCTURE.

THE GREENBURG PLANNING BOARD DETERMINED THERE WERE SEVERAL POT POTENTIAL SMALL TO MODERATE IMPACTS WITH THIS APPLICATION, BUT CONCLUDED INDIVIDUALLY AS WELL AS COMMUNICATIVELY THAT THE IMPACTS ARE MINIMAL AND WILL NOT CREATE A SIGNIFICANT IMPACT ON LAND USE ZONING, OR THE ENVIRONMENT THE APPLICANT URGES THAT GRANTING THE, THE VARIANCE WILL NOT PRODUCE AN UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD BECAUSE THE RESULTING STRUCTURE WILL HAVE A LOW VISIBILITY AS IT IS SET BACK 475 FEET FROM SAWMILL RIVER ROAD.

IT IS LOCATED NEAR OTHER INDUSTRIAL COMMERCIAL PROPERTIES AND IS AT A LOWER ELEVATION.

THE APPLICANT ALSO URGES THAT GRANTING THE VARIANCES WILL NOT HAVE A DETRIMENTAL EFFECT ON THE ADJACENT NEIGHBORING HOMES BECAUSE 15 INVASIVE TREE SPECIES WILL BE REMOVED WITHIN 15 FLOWERING, UH, DE DEUS AND EVERGREEN TREES THAT ARE 15 TO 20 FEET TALL.

THE PLAN SUBMITTED WITH THIS APPLICATION, UM, SHOW FOUR PHOTO RENDERINGS OF WHAT THE PROPOSED THREE STORY 73 FOOT HIGH BUILDING WOULD LOOK LIKE ONCE CONSTRUCTED.

EACH, UM, EACH OF THESE FOUR RENDERINGS WOULD HAVE THE VIEWER BELIEVE THAT MANY OF THE BUILDINGS IN THE ADJACENT INDUSTRIAL PARK AS, AS ARE AS TALL AS, OR EVEN MUCH TALLER THAN THE PROPOSED TWO STORY ADDITION TO THIS EXISTING BUILDING WOULD BE.

THIS IS DEFINITELY NOT ACCURATE BECAUSE THE HEIGHT RESTRICTION AND THE ADJACENT PD NON RESIDENTIAL PLAN DEVELOPMENT DISTRICT IS THREE STORIES NOT TO EXCEED 40 FEET.

OUR EYES DECEIVE BECAUSE OF A CHANGE IN GRADE FOR MORE ACCURATE, FOR MORE ACCURATE VIEW, THE Z B A IS URGED TO STUDY PAGE 13 OF 14, WHICH SHOWS THE PROPOSED BUILDING IS ALMOST 25 FEET TALLER THAN THE ADJACENT BUILDING AT 44 EXECUTIVE BOULEVARD, EVEN WITH THE GRADE CHANGE AND THE PROPOSED BUILDING LOOMS APPROXIMATELY 35 FEET OVER THE, UM, OVER THE TOP OF THE ROOF OF THE ADJACENT HOMES AS 1600 LANE.

NOTE THAT THE PROPOSED TREES PLANTED TO BUFFER THE VIEW ALONG THE NORTH SIDE, LITERALLY TOWER OVER THE ROOFTOP AT THIS PROPOSED 73 FOOT HIGH BUILDING IN THE PHOTO RENDERINGS.

UM, ON PAGE ONE OUT OF 14, THE QUESTION NEEDING TO ANSWER IS, HOW MANY YEARS WOULD IT TAKE? UM, THESE 15 AND 20 FOOT TALL TREES TO GROW MORE THAN 73 FEET TALL? AND SINCE THE, UM, AND THE SIZE YARD IS ONLY 24 FEET DEEP, UM, IS THERE EVEN SUFFICIENT ROOM TO GROW TREES OF THIS SIZE? THE APPLICANT'S PROPERTY IS LOCATED IN THE IB INTERMEDIATE BUSINESS DISTRICT, WHICH IS ONE OF THE LEAST RESTRICTIVE BUSINESS SLASH COMM COMMERCIAL ZONING DISTRICTS IN THE GREENBURG ZONING ZONING AUDIENCE.

THE IB DISTRICT HAS NO MINIMUM LOT AND BULK REQUIREMENTS FOR LOT AREA LOT WIDTH OR FLOOR AREA RATIO.

A FAR GENEROUS IMPERVIOUS, UH, SURFACE ALLOWS 80% AND EXTREMELY SMALL MINIMUM YARD SETBACK REQUIREMENT OF ONLY 20 FEET IN FRONT OR SIDE YARDS.

THIS TINY FRONT AND SIDE YARD SETBACK REQUIREMENT IS A PRINCIPAL REASON WHY THE HEIGHT RESTRICTION IN THE IB DISTRICT IS LIMITED TO TWO STORIES, NOT TO EXCEED 25 FEET.

NO ONE SHOULD BE EXPECTED TO FACE A 25 FOOT HIGH WALL ONLY 24 FEET FROM THEIR BACKYARD.

PLEASE NOTE THAT THE FEW REMAINING HOMES ALONG HUNTER LANE ARE NOT THE ONLY HOMES LOCATED IN AN IB ZONING DISTRICT IN GREENBURG.

THE EXISTING 40,155 SQUARE FOOT UNITED REFRIGERATION BUILDING WAS CONSTRUCTED IN 1968.

ACCORDING TO INFORMATION IN THE RECORD, THE EXISTING BUILDING EXCEEDS THE MAXIMUM COVERAGE PERMITTED UNDER THE ZONING ORDINANCE REQUIREMENTS.

BUT IT WAS, UM, BUT IT WAS DETERMINED THAT A VARIANCE WAS NOT REQUIRED BECAUSE THE

[01:10:01]

BUILDING FOOTPRINT WAS PREEXISTING NONCONFORMING.

IF THE REQUESTED VARIANCE WAS GRANTED AND THERE WASN'T FAR REQUIREMENT IN THE IB DISTRICT, THE F A R OF THIS PROPOSED BUILDING WOULD GREATLY EXCEED THE F A R REQUIREMENT IN EVERY OTHER ZONING DISTRICT IN GREENBURG.

UM, THE RECORD CONTAINS NO MENTION UNDER THE CURRENT ZONING ORDINANCE, AND THE EXISTING PROPERTY APPEARS TO LACK THE REQUIRED NUMBER OF PARKING SPACES, UM, ONE FOR EACH 1000 SQUARE FEET OF GROSS FLOOR AREA AND A WAREHOUSE.

THERE'S ALSO NO MENTION OF WHETHER AN ADDITIONAL LOADING DOCK WOULD BE NECESSARY ACCORDING TO THE PROVISIONS.

UM, WHILE I HAVE NO PROBLEM WITH THE REQUEST FOR A PARKING VARIANCE, I URGE THE MEMBERS OF THE Z B A TO CAREFULLY REVIEW THIS APPLICATION AND CONSIDER THE LONG-TERM IMPACT, UM, IMPLICATIONS THAT GRANTING THE REQUESTED HEIGHT VARIANCE MAY HAVE.

AS Z B A MEMBERS ARE FULLY AWARE A VARIANCE REQUEST DEALS WITH AN INDIVIDUAL PROPERTY.

HOWEVER, A Z UH, A Z B A DECISION CANNOT HAVE MUCH BROADER AND MUCH LONGER IMPACT AS THE COMMUNITY LEARNED WHEN AN ENORMOUS SIGN VARIANCES OR GRANTED TO THE CROSSROADS SHOPPING CENTER YEARS AGO, ALL SUBSEQUENT SIGN VARIANCE REQUESTS HAVE RECEIVED Z B A APPROVAL LAST MONTH.

THE Z B A GRANTED A LARGE HIGH VARIANCE TO THE COCA-COLA PLANT ACROSS NINE A NINE A IN THE FAIRVIEW CORPORATE PARK.

HOWEVER, THESE VARIANCES APPLIED TO ONLY TWO STRUCTURES ON A TINY PORTION OF A NORMAL BUILDING ON A 22 PLUS ACRE SITE, WHICH IS NOT VISIBLE FROM THE RESIDENTIAL AREAS.

IF THE Z B A GRA, UM, GRANTS THE REQUESTED HEIGHT VARIANCE IN THIS CASE, HOW WILL THE Z B A BE PREPARED TO DENY A SIMILAR REQUEST FROM ANOTHER APPLICANT WITHIN IB ZONING DISTRICT? AND SINCE THE COMMERCIAL PROPERTIES IN THE ADJACENT PD DISTRICT CAN USE THE SAME ARGUMENTS, NO VISIBILITY FROM SAWMILL RIVER ROAD, LOCATED NEAR OTHER INDUSTRIAL AND COMMERCIAL PROPERTIES, AND SET A LOWER ELEVATION ELEVATION THAN MANY ADJACENT BUILDINGS, WILL THE Z B A BE PREPARED TO DENY SIMILAR, SIMILAR REQUEST FOR A HEIGHT VARIANCE? THANK YOU.

SHOULD I? YES, I'LL TAKE THAT.

THANK YOU.

IS THERE ANYONE ELSE THAT'S HERE PRESENT THAT WANTS TO COME UP? UH, ALEX ANZA, UH, HANSER LANE.

SPELL YOUR LAST NAME PLEASE, SIR.

A N Z E R.

THANK YOU.

SO THE APPLICANT IS REQUESTING A AUTHORIZATION FROM THE ZONING BOARD OF APPEALS FOR THE USE OF A LAND IN A MANNER NOT PERMITTED BY THE DIMENSIONAL PHYSICAL REQUIREMENT OF THE APPLICABLE ZONING REGULATIONS IN, UH, GREENBURG.

THERE ARE SEVERAL CONCERNS REGARDING THE PROPOSED VARIANCE GRANTING THE VARIANCE WOULD RESULT IN AN UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD AND COULD CREATE DETRIMENTAL TO NEARBY PROPERTIES.

THE BUILDING AT 25 FEET IS VISIBLE FROM SAWMILL RIVER ROAD AND TO, UH, AND ALTHOUGH IT MAY BE SET BACK ITS HEIGHT OF 73 FEET WOULD MAKE IT A PROMINENT LANDMARK THAT CANNOT BE MISSED.

IT WOULD BE ALSO VISIBLE FROM HUNTER LANE WHERE IT WOULD BE TALLER THAN THE SURROUNDING BUILDINGS, INCLUDING THE THREE HOUSES AND, UH, UH, HUNTER LANE AND CLEARBROOK.

UH, EVEN 25, 20 FEET OR OR 15 OR 20 FEET TALL TREE WOULD NOT BE ABLE TO SCREEN THE BUILDING HEIGHT.

THE LACK OF CONSISTENCY WITH THE DENSITY AND UH, PHYSICAL ASPECT OF THE PROPERTY COULD HAVE A NEGATIVE AESTHETIC IMPACT ON THE GRANT.

GRANT.

UH, VARIANCE COULD SET NEGATIVE PRECEDENT THAT WOULD BE HARD TO JUSTIFY.

IT IS WORTH CONSIDERING THE BENEFITS SOUGHT BY THE APPLICANT IF IT CAN BE ACHIEVED BY OTHER, UH, FEASIBLE

[01:15:01]

METHOD THAT DO NOT REQUIRE AN AREA VARIANCE.

FOR INSTANCE, THE, UH, APPLICANT IS SAYING THAT HE'S GONNA MOVE THE STORE THAT HE HAS THERE NOW GO LOOK FOR ANOTHER STORE TO PUT THAT STUFF IN, AND THEN HE WANTS TO BUILD, UH, THE THREE STORIES.

IT WOULD BE MUCH BETTER IF HE FIND THE PLACE THAT HAS THE NEEDS THAT HE HAS RIGHT NOW, INSTEAD OF TRYING TO GO THROUGH VARIANCES FOR HEIGHT, VARIANCES FOR PARKING, AND WHO KNOWS WHAT'S GONNA HAPPEN TO THE NEIGHBORHOOD.

THE PROPOSED VARIANCE COULD BE HAVE ADVERSE EFFECTS ON THE PHYSICAL ENVIRONMENT CONDITIONS OF THE NEIGHBORHOOD.

THIS WOULD INCLUDE THE IMPACT ENGINEER CHARACTER OF THE NEIGHBORHOOD IDENTIFIED IN 0.1.

FURTHER, THE PLANNING BOARD RELIED ON APPLICATION AND APPLICANT TO, UH, COMMUNICATE WITH THE NEIGHBORS REGARDING THE PROPOSAL.

THERE WAS.

SO WE'RE JUST REITERATING AGAIN, NUMBER ONE.

SO I, IT, I JUST THINK LIKE WE, WHEN THEY ASKED WHERE, WHERE IS THE, UH, IS THERE ANY OTHER TOWNS THAT DO THE SAME THING? IT WAS ELMSFORD AND YONKERS.

SO IS GREENBERG GONNA BE, LIKE ELMSFORD GONNA BE ALSO CITED AS SAME AS, UH, ELMSFORD AS AND YONKERS IN THIS, LIKE, YOU GO TO ELMSFORD, YOU CAN SEE THAT VOLVO BUILDING THERE.

IT'S, YOU CANNOT MISS IT, YOU KNOW, AND IT STARTED WITH, UH, THE BAD, BAD BED AND BEYOND.

I, I DRIVE ON THE HIGHWAY, YOU SEE THAT EVERYWHERE I GO, I CAN SEE THE BUILDING.

SO I, I DON'T SEE THE, LIKE, IT'S GONNA BE, IT'S GONNA CHANGE THE WHOLE GREENBERG, NOT NOT JUST US OR THE, UH, CONDOS.

THERE'S ALSO, UH, UH, SOME, THE HOUSING AUTHORITY THAT HAS RENTALS ON THE HILL, POCAN IS LIKE 20 POCAN HILL.

THERE IS 25 UNITS THERE OF RESIDENTS THAT ARE ALSO AFFECTED BY WHO'S THERE PICK UP THEIR KIDS FROM THERE ALSO.

SO IT'S, IT'S, IT'S GONNA BE DEVASTATING FOR US.

THANK YOU.

THANK YOU.

THIS ONE'S YOURS.

ANYONE ELSE IN THE AUDIENCE? ALL RIGHT.

I THINK WE HAVE PEOPLE THAT ARE WAITING.

UH, NO ONE ON ZOOM? NO.

OH, OKAY.

UM, I DON'T KNOW WHO I COULD ASK THIS QUESTION OF, BUT IT WOULD HAVE TO BE SOMEBODY THAT LIVES IN THE, UH, UNITS THAT ARE BE BEHIND THE, UM, STRUCTURE.

AND THAT IS, I REALIZE THAT ONE OF THE, YOU CAME UP, MA'AM, WITH YOUR SON AND INDICATED THAT OBVIOUSLY FROM THE PICTURE YOU TOOK FROM YOUR BACKYARD, WE COULD SEE WHERE THE TREE LINE IS AND WE COULD SEE THAT IF IT WENT UP TO 73 FEET, THAT UH, IT, IT APPEARS THAT IT WOULD AT LEAST PERHAPS BLOCK THE TREE LINE.

BUT IS THAT SOMETHING THAT'S LIMITED TO A VERY SMALL SECTION OF, UH, YOUR, YOUR CONDOMINIUMS UP THERE? OR, OR IS IT IT'S A HOUSE AND, AND OH, MA, I'M HAVE TO COME UP TO THE PODIUM.

OKAY.

BUT THEY BLOCKED ALSO.

MM-HMM.

IT'S A HOUSE.

IT'S 1800 LANE, AND IT ACTUALLY COVERED MY WHOLE BACKYARD, WHICH WHEN WE MOVE INTO THE HOUSE, IT WASN'T THAT BIG OF, OF A DEAL BECAUSE IT'S ONLY 24 25 FEET AS YOU CAN SEE, WE SEE IT, BUT MM-HMM.

NOT AS MUCH.

RIGHT.

BUT ARE YOU THE ONLY ONE AFFECTED BY IT ON YOUR STREET? NO, IT WOULD BE ALSO MY NEIGHBOR RIGHT NEXT TO ME, WHICH IS CHARLES PRESENT.

THEN WE HAVE THE COMPANY RIGHT NEXT TO OUR, IF YOU'RE LOOKING AT OUR HOUSE TO THE LEFT, THEY WERE, THEY'RE ALSO PRESENT HERE.

OKAY.

AND ALEX, SO IT'S REALLY THE HOUSES THAT ARE ON HUNTER? YES, BECAUSE WE RIGHT BEHIND.

OKAY.

AND THAT'S AN ENTIRE BLOCK, WOULD YOU SAY? OR WHAT ABOUT YES.

OKAY.

SO IF IT HELPS, I'VE SHARED SCREEN AERIAL AND, UM, THE SUBJECT SITE I WILL CLICK ON AND THAT WILL TURN YELLOW AT A MOMENT HERE.

SO THAT'S THE SUBJECT SITE.

AND YOU

[01:20:01]

HAVE 1, 2, 3, I BELIEVE FOUR HOMES THAT ARE ON HUNDRED ONLY ONCE ON THE ROAD? NOT, AND WHERE'S THE CONDOMINIUM TO THE RIGHT? SO THE, SEE, THERE'S MULTIFAMILY HERE? YEAH.

MM-HMM.

AND THEN, UH, CONDOMINIUMS HERE.

OH, I SEE.

BUT TOPOGRAPHY, IS IT HIGHER FOR THE CONDOMINIUMS OR IS IT SIMILAR TO HUNTER? UM, I BELIEVE IT'S A BIT HIGHER.

THERE IS QUITE A BIT OF TREES HERE.

I THINK THE VIEW SHEDS ARE MOST APPLICABLE TO THE HOMES ON HUNTER.

OKAY.

BUT THAT'S SOMETHING THE BOARD COULD REQUEST FOR CONFIRMATION.

ALL RIGHT.

THANK YOU.

ANY QUESTIONS FROM THE BOARD AT THIS POINT? I HAVE NOT.

OKAY.

UM, WHAT, HOW MUCH PROPERTY DOES THE APPLICANT OWN? IT'S TWO AND A HALF ACRES.

AND THE DIMENSIONS OF THE STRUCTURE THAT'S ON IT NOW IS APPROXIMATELY, WHAT, TWO FEET LONG AND HUNDRED 5,050 FEET LONG AND WIDTH AND, AND WIDTH AND, AND TWO 50 FEET LONG AND 250 FEET LONG.

AND THAT TAKES UP BETWEEN THAT AND THE PARKING THE ENTIRE, PRETTY MUCH THE ENTIRE SITE? NO, THE BACK AREA BEHIND THE BUILDING, I DON'T CARE IF YOU WANNA BRING UP THAT, EXCEPT FOR WHERE YOU SAY STEEP SLOPE.

RIGHT.

SO THAT'S STEEP SLOPES AND THERE'S ACTUALLY A STREAM BACK THERE AS WELL.

SO THAT WOULD IMPACT, UM, THE, THE, THE WETLAND BUFFER AREA.

OKAY.

AND THAT'S PRETTY HEAVILY WOODED.

UM, I WOULD JUST SAY THAT WE DID, AT THE REQUEST OF THE PLANNING BOARD REACH OUT TO THE NEIGHBORS ON HUNTER LANE, UM, AND WE DISCUSSED BUILDING FENCES OR PUTTING ACTUAL LANDSCAPING ON THEIR PROPERTY, UM, FOR THEM TO HELP MITIGATE THE VIEW SHED.

UM, AND SO WE HAVE HAD DISCUSSIONS WITH THEM ABOUT THAT.

UM, I THINK BASED ON STEVE, STEVE, IF YOU WANNA JUST TALK ABOUT THAT, THERE'S FOUR NEIGHBORS THAT LINE THE PROPERTY.

I SPOKE WITH TWO OF THEM HERE.

TWO OF THEM WERE KIND ENOUGH TO SHOW UP HERE TONIGHT.

AND, UH, WE TALKED ABOUT WHAT OUR PLANS WERE IN TERMS OF THE TREES.

WE'RE GONNA SCREEN IT.

UH, WE'RE GONNA PUT MATURE VERY HIGH TREES.

WE FULLY APPRECIATE WHAT WE'RE ASKING HERE.

AND, UH, THAT, UM, FROM THEIR BACKYARD, THE IDEA WAS TO SCREEN IT SO THEY COULDN'T SEE THE BUILDING OR AT LEAST LESSEN ITS IMPACT.

UM, ONE OF THE CONCERNS OF ONE OF THE NEIGHBORS WAS THAT THERE WAS A HOLE IN HIS FENCE AND HE CAN SEE OUR BUILDING, SO WE OFFERED TO PUT THE MAXIMUM SIZE FENCE ON OUR SIZE.

UM, SO THAT WOULD HELP AS WELL.

HE WOULDN'T SEE INTO OUR PARKING LOT.

AND AGAIN, WE'RE GONNA SPEND A LOT OF MONEY ON TREES.

UM, THAT'S PART OF THE PLAN THAT WE SUBMITTED IS, DO YOU THINK, AND I'M JUST, I'M NOT SUGGESTING THAT WE NECESSARILY NEED IT, BUT PERHAPS FOR THE INDIVIDUALS WHO ARE AFFECTED BY THIS, DO YOU THINK YOU COULD HAVE SOME TYPE OF, UH, MARKUP OF A SCHEMATIC THAT SHOWS THE, YOU KNOW, THE FOLIAGE THAT YOU PLANNED ON PUTTING UP AND HAVING HOW IT WOULD LOOK, UH, IF THAT WERE DONE TO THE NEIGHBORS? YEAH, WE COULD ABSOLUTELY PROVIDE THAT.

OKAY.

TO THE ZONING BOARD.

OKAY.

ALL RIGHT.

I WOULD ALSO SAY, UM, AND IT WAS KIND OF SUGGESTED SOME TYPE OF ELEVATION, NO MAP THAT COULD JUST OUTLINE WHAT THOSE SIGHT LINES MIGHT LOOK LIKE.

SURE.

ANYTHING ELSE? OKAY.

THANK YOU.

OKAY.

THANK YOU VERY MUCH.

THANK YOU.

AND THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 2306 DOCTRINE.

MRS. ARA.

BOBBY, I DIDN'T THINK IT WOULD BE THAT, SIR.

AS YOU'RE SETTING UP, UM, DO YOU WANT ME TO HAVE THE PHOTOS HANDY FIRST OR THE

[01:25:01]

PLAN FIRST? UM, GOOD EVENING, MADAM CHAIRMAN, UH, MEMBERS OF THE BOARD, DAVID BARBE ARCHITECT, REPRESENTING DR.

MRS TI FOR FOUR AREA VARIANCES, LOCATED AT 23 CASTLE WALK.

SCARSDALE, UH, WE'RE HERE TONIGHT, UM, WITH SOME, UH, FOUR VARIANCES, IMPERVIOUS COVERAGE, UH, FLOOR AREA RATIO, UH, MAXIMUM WIDTH OF DRIVEWAY AND DISTANCE TO THE SIDE YARD, UM, SIDE PROPERTY LINE TO THE DRIVEWAY.

UM, THE PROPOSAL IN FRONT OF YOU TONIGHT IS, UH, BASICALLY FOUR UH, AREAS.

UM, A 422 SQUARE FOOT ROOF REAR PATIO, WHICH WILL BE SCREENED, UM, A 247 SQUARE FOOT OPEN PATIO.

UH, BEHIND THAT FOR AN OPEN FOR A BARBECUE AREA, UH, THERE'S AN INCREASE IN IMPERVIOUS SURFACE OF 752 SQUARE FEET FOR A PROPOSED CIRCULAR DRIVEWAY AND A 225 SQUARE FOOT, UH, FRONT ROOF TO ENTRY AND WALK.

UH, IT IS AN EXISTING ONE FAMILY HOUSE AND AN R 20 ZONE.

IT HAS AN EXISTING LOT AREA OF 20, OVER 20,000 SQUARE FEET AND IS A TWO STORY DWELLING.

UH, THE REQUESTED VARIANCE IS FOR THE PROPOSED IMPERVIOUS COVERAGE, UH, INCREASE IN FLOOR AREA RATIO AND MAXIMUM WIDTH OF A DRIVEWAY AT THE CIRCUMFERENCE OF THE TURNAROUND, UH, AND A DISTANCE TO THE DRIVEWAY.

UM, THREE OUT OF THE FOUR REQUESTED VARIANCES ARE, UH, ROUGHLY 12% OF THE REQUE OF THE, UH, REQUIRED, UH, AREA.

UM, THE LAST ONE, THE SETBACK OF THE, UM, DRIVEWAY TO THE SIDE PROPERTY LINE, UM, I COULD CALL IS AS AN EXISTING CONDITION 'CAUSE OF, LOOK, THE EXISTING HERE.

PROPOSED CIRCULAR HERE, UM, AT THAT MICROPHONE.

SO AT THE EXISTING DRIVEWAY, UH, AT THE CORNER, UH, IT'S ROUGHLY 1.08 FEET.

UH, WE ARE PRETTY CLOSE TO BEING THE SAME DIMENSION AT THE CIRCULAR DRIVEWAY.

UH, IT'S AN INTERIOR CORNER LOT, UM, AND IT'S KIND OF QUIRKY THE WAY IT WAS ORIGINALLY BUILT, UM, BACK IN 1994.

UH, THE REASON FOR THE CIRCULAR DRIVEWAY IS, UH, A LARGE SS U V, UH, IT'S SIX OR SEVEN TURNS WITH MY PICKUP TRUCK TO BACK FROM THE DRIVEWAY TO GET BACK OUT.

MOST OF THE TIMES THEY BACK OUT OF THE DRIVEWAY ONTO THE STREET, WHICH IS KIND OF A SAFETY HAZARD.

UM, IT'S KIND OF A LITTLE BIT OF A BLIND SPOT THERE BACKING OUT.

UM, THEY'RE PROPOSING A FRONT, UH, ROOFED AREA, UH, ENLARGING THE EXISTING, UH, INTERIOR FOYER AREA.

UH, IT'S PART OF THE FOOTAGE, UH, THE BACK AREA, AS I SAID, A SCREENED PORCH.

UH, SO THE FAMILY CAN ENJOY, UH, THE BACKYARD WITHOUT THE, UH, BEING BOTHERED BY INSECTS.

IT'S REALLY WHAT IT'S ALL ABOUT.

UH, A LOT OF BUGS IN THE BACKYARD.

UM, IT MEETS, UH, YOU KNOW, ALL THE SETBACKS.

SO IT'S BASICALLY JUST AN F A R AND, AND A LOT COVERAGE AND LOCK COVERED THE AREA.

UH, IF THE BOARD HAS ANY QUESTIONS, I'D BE MORE THAN HAPPY TO ANSWER.

UM, I JUST HAVE A QUESTION ABOUT THE DRIVEWAY.

RIGHT? THE, UM, THE DRIVEWAY, THE NEW DRIVEWAY TO ME IS PRETTY MASSIVE.

UM, I MEAN, IT'S A 41% INCREASE IN COVERAGE OVER THE EXISTING DRIVEWAY OF IMPERVIOUS SURFACE.

AND I, I THINK HONESTLY, I, I DON'T HAVE MUCH OF AN ISSUE WITH THE, THE INCREASE IN FLOOR AREA THAT YOU'RE PROPOSING IN TERMS OF THE FRONT, YOU KNOW, THE ADDITION OVER THE FRONT AND IN THE BACK, THE SCREEN IN PORCH AND EVEN THE PATIO.

BUT THAT DRIVEWAY, I JUST THINK IS, TO ME, IS MASSIVE AND CAN BE WAY SHAVED DOWN.

AND YOU COULD DECREASE SOME OF THAT IMPERVIOUS SURFACE COVERAGE.

VERY, AND I KNOW CASTLE WALK, AND I KNOW IT'S A CUL-DE-SAC.

THERE'S MAYBE LIKE ONE CAR AN HOUR

[01:30:01]

THAT GOES DOWN THERE.

SO WE'RE NOT TALKING ABOUT COMING OUT ONTO FORT HILL ROAD.

RIGHT.

SO IT'S JUST THE DRIVEWAY FOR ME.

LIKE, OKAY, IF YOU COULD DO SOMETHING WITH THE DRIVEWAY.

OKAY.

SO, OR REALLY, I'LL JUST EXPLAIN TO ME WHY YOU, I COULD EXPLAIN, I COULD EXPLAIN WHY.

SO THE INTENT WAS THAT, YOU KNOW, THE GARAGE DOORS ARE HERE.

SO THE IDEA WAS TO COME UP AND AROUND AND PULL IN, AND THEN AS THEY BACK OUT, THEY CAN PULL OUT THAT WAY.

THAT WAS REALLY IT.

I MEAN, IT COULD PROBABLY GET DECREASED A LITTLE BIT.

UM, I MEAN, I THINK YOU COULD LEAVE THE DRIVEWAY, DO THAT AGAIN, YOUR FINGER, THEY CAN BACK OUT WHICH WAY? DO WHAT? SO, SO WE CAN PULL IN THIS WAY INTO THE GARAGE AND THEN THEY CAN BACK OUT AND GO THAT WAY.

THEY COULD, BUT IT JUST SEEMS, IT'S COMPLETELY UNNECESSARY TO ME.

SO THEY'RE GONNA PULL IN, WELL, SO YOU PULL IN, PULL IN, AND THEN YOU BACK OUT AND THEN COME THIS WAY AND COME BACK AROUND INSTEAD OF, INSTEAD OF MANEUVERING FIVE AND SIX TIMES, I GOT YOU.

IT, IT'S .

ALRIGHT.

I MEAN, THE OTHER OPTION THAT I COULD, EXCUSE ME.

YOU COULD JUST HAVE THE DRIVEWAY AS IT IS AS WELL.

RIGHT? IT'S JUST BASICALLY IT'S, IT'S AN INCONVENIENCE, YOU KNOW, FOUR OR FIVE, SIX TIMES.

THERE IS A LITTLE SPOT OVER THERE.

I WAS GONNA SAY, YOU COULD MAKE A LITTLE SOMETHING, A LITTLE BUBBLE AT THE BOTTOM THERE, I WOULD THINK.

WHERE THE BLUE IS DOWN HERE.

YEAH.

YEAH.

THAT WOULD ACCOMMODATE YOU.

YOU COULD GET RID OF THAT DRIVEWAY AND YOU ALMOST DON'T, IT'S ACTUALLY KIND WHAT WE DID.

DON'T NEED THE VARIANCE FOR THE IMPERVIOUS SURFACE.

I MEAN, THAT'S BASICALLY WHAT YOU HAVE.

SO THIS WAS THE INCREASE.

SO THAT'S THE ADDITIONAL AREA.

BUT IT MAKE, THAT'S THE VARI VARIANCE.

WELL, IT LOOKS, YOU COULD GET RID OF THAT VARIANCE ALTOGETHER PRETTY MUCH, RIGHT.

IT WOULD BECOME EXTREMELY DI MINIMIS.

RIGHT.

BUT WHAT I'M SAYING IS THIS LINE HERE YEAH.

IS WHAT WE HAVE HERE.

BUT THEN YOU, YOU, BUT THEN YOU ALSO HAVE THE BUBBLE ON TOP.

TRUE.

OKAY.

AND THEN YOU DON'T NEED THE VARIANCE FOR IMPERVIOUS SURFACE IF YOU JUST LEAVE THE DRIVEWAY AND YOU COULD STILL HAVE YOUR PATIO IN THE BACK AND SCREENED IN PORCH.

AND THE TWO STORY, THE ADDITION.

SO LET ME ASK A QUESTION, , WHAT IF WE WENT TO PERMEABLE PAVEMENT OR PAVERS? I DON'T THINK IT MATTERS.

IT'S ALL IN, IT'S ALL INABLE.

OKAY.

OKAY.

YEAH.

OH, YEAH.

IT DOESN'T MATTER FROM, NO.

JUST TO ADD ON TO THAT.

SO ARE THERE OTHER HOMES IN THE AREA THAT HAVE SIMILAR DRIVEWAYS OR HAVE CIRCULAR DRIVEWAYS LIKE THIS? OR THIS IS GONNA BE THE FIRST IN THIS? I, I AM NOT SURE.

I'M NOT SURE.

HMM.

ANY OTHER QUESTIONS? ANYONE IN THE AUDIENCE EITHER PRESENT OR DID YOU HAVE ANY NEIGHBORS? DO YOU HAVE WRITE ANY, UM, ACTUALLY HAVE, WE HAVE NOT HAD ANY NEIGHBORS ADDRESSING THE VARIANCES.

UM, WE HAD OTHER ISSUES.

'CAUSE THERE'S, THERE'S A PIPE THAT RUNS ALONG HERE, WAS BASICALLY CLOGGED.

THE DOCTOR HAD CONTACTED THE VILLAGE, UH, UH, THE TOWN, EXCUSE ME, THE, UH, D P W, UH, ABOUT FOUR OR FIVE MONTHS AGO, THEY MAINTAINED IT.

NOW IT'S CLOGGED AGAIN.

SO WE'RE KIND OF BACK AND FORTH NOW, WHO ACTUALLY HAS TO MAINTAIN IT.

SO THAT WAS ONE OF THE COMMENTS FROM ONE OF THE NEIGHBORS.

OH, I SEE.

SO, BUT NOTHING ABOUT THE VARIANCES FROM NOTHING ABOUT THE VARIANCES.

YES.

EDWARD LIEBERMAN, DEPUTY TOWN ATTORNEY.

UM, I JUST WANTED FOR THE RECORD TO SAY THAT I SPOKE WITH, UH, LIZ GARRITY, THE DEPUTY BUILDING INSPECTOR.

I DON'T KNOW IF SHE'S ON THIS, UH, ZOOM OR NOT, UH, THIS AFTERNOON.

BUT THE 1.08 FEET FOOT SETBACK, WHICH I THINK THE APPLICANT SAID IS EXISTING, IS EXISTING, BUT IT WAS NEVER GRANTED A VARIANCE.

SO YOU WILL HAVE TO GRANT, THEY WILL NEED A VARIANCE TO LEGALIZE THAT SETBACK NO MATTER WHAT YOU DO, WHETHER THEY CUT IT UNLESS THEY CUT IT BACK IN THAT PARTICULAR AREA.

[01:35:20]

SO I WAS UNAWARE THAT NEEDED.

I, SO THE HOUSE WAS BUILT IN 94, THEY PURCHASED THE HOUSE ROUGHLY TWO YEARS AGO.

YEAH.

WE WERE UNAWARE THAT THERE WAS A, YOU KNOW, AN EXISTING NON-CONFORMING FOR THE DRIVEWAY.

OKAY.

ALL RIGHT.

IF THERE'S NO OTHER COMMENTS, WE WILL MOVE ON.

NO SPEAKER ON ZOOM.

NO HONOR.

THANK YOU.

THANK YOU.

NEXT CASE IS 2307 RAYMORE AND FLANAGAN FURNITURE, 50 TERRYTOWN ROAD, .

INTERESTING.

ALL THAT PREPARATION.

I FORGOT MY NOTE.

.

GOOD EVENING.

MY NAME IS SCOTT MILLAU.

I'M THE SENIOR VICE PRESIDENT OF REAL ESTATE FOR RAYMORE AND FLANAGAN FURNITURE.

WE ARE UNDER CONTRACT TO PURCHASE 50 TERRYTOWN ROAD IN THE TOWN OF GREENBURG, ALSO KNOWN AS STICKLEY FURNITURE.

THE STICKLEY FURNITURE BUILDING IS A THREE LEVEL BUILDING, TWO ENCLOSED LEVELS OF 35,000 SQUARE FEET PER FOOTPRINT, WITH ANOTHER 35,000 SQUARE FEET UNDER GRADE FOR PARKING WITH A TOTAL OF 60 PARKING SPACES SITUATED ON SIX ACRES ZONE DSS DESIGNATED SHOPPING DISTRICT.

HERE ALSO ON ATTENDANCE IS JOHN BROGAN, C F O FOR STICKLEY AND PATRICK DOWNEY OF TRAFFIC.

UH, DYNAMIC TRAFFIC.

IN FEBRUARY 19TH, 1999, STICKLEY SOUGHT A PARKING VARIANCE TO BUILD THE PREVIOUSLY DESCRIBED BUILDING CONTAINING 47,000 SQUARE FEET OF SELLING SPACE AND 23,000 SQUARE FEET OF RELATED STORAGE.

THE CODE 1999 REQUIRED 235 PARKING SPACES, AND THE VARIANCE REQUESTED A REDUCTION OF PARKING SPACES DOWN TO 80.

VARIANCE WAS GRANTED.

AND STICKLEY HAS OPERATED OUT OF THIS LOCATION FOR 20 PLUS YEARS.

ONE NUANCE IS WHEN THE, UH, THE PARKING LOT WAS CONSTRUCTED, THEY ACTUALLY CONSTRUCTED 116 PARKING SPACES.

SO THERE'S SIX 60 UNDER THE BUILDING AND 56 ON GRADE RAYMORE.

AND FLANAGAN NOW LEASES A BUILDING IN THE, UH, FORTUNE OFF BUILDING, OR IT'S KNOWN AS SOURCE AS WELL.

AND WE PLAN ON RELOCATING, UM, TO THIS BUILDING IF A PARKING VARIANCE IS GRANTED.

RAY MOORE IS A 75 YEAR OLD, UH, FURNITURE COMPANY OWNED BY THE GOLDBERG FAMILY, NOW WITH A THIRD GENERATION OF FAMILY RUNNING THE FURNITURE COMPANY.

AND IRONICALLY, STICKLEY IS ALSO A FURNITURE COMPANY BASED OUTTA SYRACUSE, NEW YORK.

WE'RE SEEKING A VARIANCE TO OPERATE THE ENTIRE 70,000 SQUARE FEET OF AN ENCLOSED BUILDING AS A FURNITURE SHOWROOM UNDER THE RETAIL PARKING CODE, UH, OR THE RETAIL FOR DSS ZONING, 350 PARKING SPACES WOULD BE REQUIRED.

AND WE WOULD BE PROVIDING THE 116 SPACES CURRENTLY ON SITE.

AS MANY I'M CERTAIN HAVE OBSERVED OVER THE LAST 20 YEARS.

THE PARKING LOT IN STICKLEY BUILDING, WHICH HAS 56, UH, SURFACE PARKING SPACES IS RARELY 50% USED BY CUSTOMERS, EMPLOYEES, OR ANYONE COMING TO THE STORE.

AND EVEN MORE RARE IS ANYBODY USING THE 60 PARKING SPACES BELOW GRADE.

THIS IS DUE TO THE BUSINESS AS A, UH, OF A FURNITURE RETAILER.

WE JUST DON'T HAVE THE SAME TRAFFIC GENERATION PARKING NEEDS AS TYPICAL RETAIL STORES.

AT PEAK ON A SATURDAY AFTERNOON, OUR WHITE PLAIN SHOWROOM WILL HAVE 20 CUSTOMERS IN THE STORE.

AND WHILE WE HOPE TO IMPROVE THE VOLUME BY RELOCATING TO THE STICKLEY BUILDING, EVEN INCREASING OUR CUSTOMERS BY 50% WOULD MEAN 30 CUSTOMERS OR, OR CARS IN THE PARKING LOT.

COMBINED WITH THE 12 ASSOCIATES PARKING IN THE LOT AT PEAK.

MANY TOWN TOWNS I'VE TALKED TO BEFORE SEEKING VARIANCE OR SEEKING, UH, SITE PLAN REVIEW, HAVE ACTUALLY ADOPTED FURNITURE PARKING CODES.

FOR EXAMPLE, IN WEST SPRINGFIELD, WE HAVE A 70, ACTUALLY, WEST SPRINGFIELD IN BROOKFIELD, CONNECTICUT, WE HAVE 72 STORY, 70,000 SQUARE FOOT, UM, SHOWROOMS. WEST SPRINGFIELD HAS A CODE OF ONE

[01:40:01]

PER SEVEN 50 FOR PARKING AND BROOKFIELD ONE PER THOUSAND SQUARE FEET, OR 93 OR 70 SPACES REQUIRED RESPECTIVELY.

WE ASK DYNAMIC TRAFFIC TO PREPARE A REPORT, UM, BASED ON THE INSTITUTE OF TRANSPORTATION ENGINEERS PUBLICATION OR I T E, TO CALCULATE THE PEAK PARKING SPACES REQUIRED FOR PER FOR FURNITURE STORE.

ACCORDING TO THE I T E DATA, THE PEAK SPACES REQUIRED, ACCORDING TO THE PUBLICATION, WOULD BE ON A SATURDAY.

AND THE TOTAL SPACES RE REQUIRED TO ACCOMMODATE CUSTOMERS AND EMPLOYEES WOULD BE 67 PARKING SPACES.

AND WE HAVE A REPORT AVAILABLE IF ANYBODY WOULD LIKE TO SEE IT.

WE'RE REQUESTING AN ADDITIONAL PARKING VARIANCE FOR THE STICKLEY PROPERTY.

DUE TO THE UNIQUE CIRCUMSTANCES, WE ARE UNABLE TO MEET THE PARKING REQUIREMENTS SET FORTH IN THE ZONING CODE.

WE UNDERSTAND THAT A VARIANCE IS NOT GRANTED LIGHTLY AND REQUIRE EVIDENCE OF HARDSHIP.

THEREFORE, WE ARE HERE BEFORE THE BOARD IN HOPES OF RECEIVING POSITIVE CONSIDERATION FOR THE VARIANCE BASED ON THE FOLLOWING, FIRST, THE GEOGRAPHY AND TOPOGRAPHY OF FEATURES OF THE PROPERTY MAKE IT DIFFICULT TO ADD PARKING.

THE MANHATTAN BROOK BORDERS THE NORTH SIDE OF THE BUILDING, AND WHILE THERE IS LAND OWNED BY STICKLEY AND OTHER SIDE OF THE BROOK, IT IS ESSENTIALLY LANDLOCKED.

WITHOUT CREATING SOME SORT OF BRIDGE STRUCTURE, GRANTING A VARIANCE FOR REDUCTION OF THE REQUIRED PARKING WILL NOT ALTER THE ESSENTIAL NEIGHBORHOOD, THE ESSENTIAL CHARACTER OF THE NEIGHBORHOODS, SINCE BOTH STICKLEY AND RAYMORE ARE BOTH FURNITURE SHOWROOMS AND THE USE OF THE SHOWROOM WILL BE IDENTICAL ONLY FOR THE FACT THAT WE WILL BE CONVERTING THE 23,000 SQUARE FEET OF STORAGE INTO FURNITURE SHOWROOM.

LASTLY, THERE'S LAND WITHOUT VIOLATING IMPERVIOUS COVERAGE IN THE CODE TO BUILD A PARKING GARAGE STRUCTURE TO ACCOMMODATE THE 350 RETAIL PARKING SPACES REQUIRED UNDER THE CODE.

AS A POTENTIAL OWNER OF THE PROPERTY, WE PREVENT IT BE PREVENTED FROM A REASONABLE RETURN AS THE EXPENSE OF BUILDING A PARKING STRUCTURE WOULD CREATE, WOULD CREATE COSTS TO MAKE IT IMPOSSIBLE FOR A FURNITURE STORE TO OPERATE.

OVERALL, WE UNDERSTAND THE IMPORTANCE OF MAINTAINING PARKING REQUIREMENTS, REQUIREMENTS, HOWEVER, AS AS EXPRESSED FURNITURE RETAIL STORES HAVE A UNIQUE AND FAR LESS INTENSIVE PARKING USE THAN OTHER RETAIL OPERATORS LIKE A GROCERY STORE, WAREHOUSE CLUB, OR A SOFT GOODS RETAILER, WE RESPECTIVELY REQUEST THE BOARD GRANT US A PARKING VARIANCE TO ALLOW RAYMORE AND FLANAGAN FURNITURE TO USE THE ENTIRE 70,000 SQUARE FEET OF BUILDING AS A FURNITURE SHOWROOM.

THANK YOU.

ANY QUESTIONS? I JUST HAVE ONE.

YOU MENTIONED THE PARKING I T E RATIO? YES.

IS, IS THERE A, AN ACTUAL, UM, RATIO THAT THEY PROVIDE FOR FURNITURE STORES? I'LL BRING PATRICK UP.

OKAY.

AND AS HE COMES, JUST A QUICK QUESTION.

THERE'S ANY CHANGE TO THE FOOTPRINT OF THE STORE ITSELF? THE, THE FOOTPRINT OF THE BUILDING WILL STAY EXACTLY IDENTICAL.

HOW, HOW IT'S BUILT TODAY.

I, GOOD EVENING.

PATRICK DOWNEY WITH DYNAMIC TRAFFIC.

UH, SO TO ANSWER YOUR QUESTION, YES, IT, FOR FURNITURE STORES IDENTIFIES A PEAK PARKING DEMAND ON SATURDAYS.

IT'S A LITTLE UNDER ONE PER THOUSAND, UH, IN CONTRAST TO THE RETAIL REQUIREMENT, UH, WHICH IS IN EXCESS FOR FURNITURE STORE AT ONE PER 200.

OKAY.

AND THIS IS BEING EVALUATED BASED ON A RETAIL STORE, THE PARKING, THAT'S RIGHT.

ONE.

OKAY.

OKAY.

THANK YOU.

SO ARE YOU ELIMINATING THE, UH, UNDERGROUND PARKING? NO, THE UNDER THE UNDERGROUND PARKING REMAINS AS IS AND ACCESSIBLE TO CUSTOMERS AND, UH, EMPLOYEES.

SO THERE'S 60 UNDERGROUND PARKING SPACES AND THE 56 ON GRADE THERE.

SO THE BUILDING HAS ESSENTIALLY THREE LEVELS.

THE FIRST LEVEL THAT YOU SEE FROM TERRYTOWN ROAD, YOU WOULD WALK, YOU, YOU CAN WALK IN TO THE BUILDING, IS 35,000 SQUARE FEET OF SHOWROOM DOWN THE STAIRS OR THE ELEVATOR TO THE NEXT LEVEL IS, UH, IT'S BOTH STORAGE AND SHOWROOM SPACE IN THAT 35,000 SQUARE FEET.

AND THEN IF YOU TOOK THE ELEVATOR DOWN, ONE MORE LEVEL IS THE PARKING GARAGE.

SO THAT REMAINS AS IT IS.

EXACTLY.

YES.

SO YOU'RE SIMPLY TAKING SPACE THAT'S NOW USED AS STORAGE.

YES.

IN FACT, BY, BY STICKLEY AND MAKING IT INTO RETAIL SPACE THAT YOU CAN, RIGHT.

UM, AND I CAN SH I ACTUALLY SHOULD POINT TO THE BOARDS THAT I BROUGHT AND GLAD I DIDN'T HAVE TO SHARE A SCREEN BECAUSE WE WOULD'VE BEEN HERE ALL NIGHT, ME SHARING A SCREEN.

UM, SO YES, THERE, THIS IS, UM, STORAGE SPACE, UH, HERE IN THE BUILDING.

AND WE'RE CONVERTING THIS PART OF THE BUILDING INTO RETAIL

[01:45:01]

SHOWROOM.

THIS IS THE TOP LEVEL, NEXT GRADE LEVEL.

AND THEN YOU CAN ALSO SEE IT ON THIS.

SO THE LOWEST LEVEL, THAT'S WHERE THE, UH, THE 60 PARKING SPACES BELOW GRADE ARE, THAT ARE ACCESSIBLE DOWN THE DRIVEWAY DOWN HERE, AND THEN GO BELOW GRADE.

ANOTHER ROOKIE MISTAKE, NOT BRINGING AN EASEL.

SO WOULD IT BE FAIR TO SAY THAT THE AMOUNT OF EMPLOYEES YOU WOULD HAVE WOULD BE GREATER THAN WHAT STICKLEY NORMALLY USES NOW? PROBABLY NOT.

JOHN BROGAN IS HERE TOO.

JOHN HAD, WHAT'D YOU SAY? 12 PARKING SPACES, JOHN OR 12 EMPLOYEES? YEAH, WE CAN'T, WE CAN'T.

THANK YOU.

UH, JOHN BROGAN, C F O AND SENIOR VICE PRESIDENT OF STICKLEY FURNITURE.

SO ON OUR BUSIEST DAYS, SATURDAY AND SUNDAY, WE HAVE 11 STAFF, SO 11 STAFF VEHICLES.

SO IT SOUNDS LIKE IT WOULD BE VERY SIMILAR, UM, TO WHAT RAYMORE FLANAGAN WOULD EXPERIENCE.

AND, UM, AGAIN, ON THE BUSIEST DAYS AT ANY ONE TIME, THE MOST CUSTOMER VEHICLES WE HAVE IS ABOUT 12.

SO WE'RE LOOKING AT THE MOST VEHICLES WE HAVE IN THE PARKING LOT IS 23 VEHICLES.

SO, UM, UH, SO IT'S JUST NOT VERY INTENSIVE.

SO HOW DOES THE SPACE THAT YOU WOULD BE CREATING HERE COMPARE WITH WHAT YOU HAVE NOW? THE, THE, THE SPACE THAT WE WOULD BE CREATING NOW IS JUST FURNITURE SHOWROOM, WHICH, SO IT'S JUST DISPLAY OF FURNITURE.

IT'S NOT SOLD OFF THE FLOOR.

I MEAN, THERE'S SOMETIMES THIS FLOOR SAMPLE THAT'S, UH, SOLD OFF THE FLOOR, BUT IT'S JUST PURE SHOWROOM SPACE.

95% OF OUR PRODUCT IS DELIVERED FROM A WAREHOUSE, YOU KNOW, IN SUFFERING.

OR MAYBE IN STANFORD, CONNECTICUT, OR, UM, STRATFORD, CONNECTICUT, DEPENDING ON WHERE THE, THE CUSTOMER'S LOCATED.

UM, IN FACT, UM, STICKLEY, RIGHT NOW, YOU GUYS RUN TWO DELIVERY TRUCKS A WEEK OUT OF THAT BUILDING.

WE, WE WILL RUN NO DELIVERY TRUCKS OUT OF THAT BUILDING RIGHT NOW.

AND THERE'S ACTUALLY A DUMPSTER, I THINK, ON THE PROPERTY NOW.

WE TAKE ALL OF OUR TRASH BACK TO OUR WAREHOUSE.

UM, WE RECYCLE ALL OF OUR CARDBOARD AND STYROFOAM AND TAKE OUR TRASH BACK TO OUR WAREHOUSE.

SO THAT EVEN BECOMES A LITTLE LESS INTENSIVE.

BUT AS FAR AS THE, THE, THE FLOOR SPACE, IT'S JUST THERE, YOU KNOW, IT'S TWO 35,000 SQUARE FOOT FOOTPRINTS THAT WE JUST WANT TO BE ABLE TO DISPLAY IN THE ENTIRE SPACE FURNITURE.

WELL, I, I DON'T KNOW WHAT OTHER FURNITURE STORES ARE DOING OUT THERE, BUT IT APPEARS 'CAUSE MY HUSBAND'S BEEN LOOKING FOR A RECLINER, .

OH, THAT IT'S HARD TO, WHEN WOULD YOU LIKE TO SHOP WITH US ? THAT IT'S, THAT IT'S HARD TO, YOU KNOW, THERE'S, THERE'S SO MUCH ON THE INTERNET, BUT WHEN IT COMES TO FURNITURE, YOU WANT TO TOUCH, EXPERIENCE IT.

AND IT'S SO HARD TO FIND, YOU KNOW, THAT TYPE OF LAYOUT IN THE FURNITURE STORES NOW.

IT REALLY IS.

YOU KNOW, SO THAT'S WHY I'M WONDERING IT.

AND, AND I'M COMPARING IT WITH WHAT I SEE GOING ON WITH STICKLEY NOW IS THEY'RE SELLING OUT THEIR, THEIR WEEKENDS.

THOSE, THOSE LOTS ARE ALL FULL.

IT'S BECAUSE THEY HAVE SALES GOING.

BUT, UM, THE REST OF THE TIME, YOU'RE RIGHT, THERE'S, YOU KNOW, ONE OR TWO, THREE CARS OUT THERE.

MAYBE THEY'RE PARKING IN THE BACK, BUT, UH, IT JUST LOOKS AS THOUGH IT'S EMPTY.

BUT RAYMORE AND FLANAGAN IS DOING A LOT OF ADVERTISING AND PROBABLY IS GONNA DO VERY WELL AT THAT POINT.

WE, WE, WE HOPE SO.

AND HOW, HOW BIG IS THE STORE IN WHITE PLAINS? THE STORE IN WHITE PLAINS IS ABOUT 60,000 SQUARE FEET.

AND LIKE I SAID, IT, WE HAVE AT, AT PEAK 20 CUSTOMER SETS OR WE CALL OPS COMING INTO THE STORE.

THAT'S 'CAUSE YOU DON'T HAVE ENOUGH SPACE TO SHOW EVERYTHING .

WELL, THAT, THAT IS A GOOD POINT.

AND WE, LIKE I SAID, EVEN IF WE INCREASED THE AMOUNT OF CUSTOMERS AT PEAK BY 50%, THAT'S 30 CUSTOMER SETS.

AND EVEN IF WE ADDED TWO OR THREE EMPLOYEES, YOU'RE TALKING ABOUT 15 EMPLOYEES.

SO YOU'RE TALKING ABOUT A TOTAL OF 45 FOR, UM, WITH 116 PARKING SPACES THAT ARE PROVIDED THERE.

OKAY.

THAT PUTS THINGS IN A LITTLE BETTER PERSPECTIVE.

I JUST WANNA MAKE SURE WE HAVE THE NUMBERS CORRECT, BECAUSE THERE'S BEEN A LITTLE CONFUSION.

OKAY.

RIGHT.

I HAD WRITTEN DOWN BEFORE WHAT YOU HAD SAID, WHICH WAS AT PEAK, THAT YOU HAVE LIKE 20 CUSTOMERS.

YES.

UM, 12 ASSOCIATES.

AND EVEN IF YOU DOUBLED THAT, IT WOULD STILL BE UNDER THE HUNDRED 16TH SPACES.

RIGHT.

BUT YOU HAD GIVEN US OTHER NUMBERS, YOU KNOW, WHICH SURE.

SO I JUST, WHICH IS CORRECT.

SO, SO I JUST WANTED TO, YOU KNOW, LISTEN, I CAN, I CAN TELL YOU WHAT WE HAVE AND YOU CAN BELIEVE ME OR NOT BELIEVE ME, OR YOU CAN GO OBSERVE, BUT I, I'M THIS I T E DATA IS A SORT OF INDUSTRY RECOGNIZED, UM, STANDARD.

AND, AND IT'S NOT JUST FOR FURNITURE.

THEY CALCULATE RESTAURANTS AND WAREHOUSE CLUBS AND ULTRA COSMETICS AND ALL.

SO THEY, THEY APPLY

[01:50:01]

A RATIO TO ALL THE TYPES OF USES.

AND FOR FURNITURE, THEY'RE, THEY'RE SAYING THAT ACCORDING TO THEIR STANDARD AT PEAK FOR A 70,000 SQUARE FOOT FURNITURE STORE, YOU WOULD NEED 67 PARKING SPACES FOR EMPLOYEES AND CUSTOMERS.

NOW, FOR, FOR US, WE'RE, WE'RE, WE'RE SAYING THAT'S STILL HIGHER THAN WHAT WE BELIEVE THAT WE WILL EVER HAVE IN THAT LOT.

NOW, AS JOHN AND I HAVE TALKED, THE MOVING SALE THAT THEY'RE HAVING IS GENERATING A LOT OF CUSTOMERS, BUT THAT IS JUST A VERY UNIQUE CIRCUMSTANCE RIGHT NOW.

UM, THERE WERE SOME OTHER NUMBERS THAT YOU MAY HAVE HEARD.

HE HAD INDICATED SOME OTHER COMMUNITIES, I BELIEVE IN CONNECTICUT THAT HAVE A DIFFERENT STANDARD.

YEAH.

NO, NO, NO.

THEY DIDN'T GET AS CONSERVATIVE.

IT WAS BETWEEN THE 60 IF WE GRANT THE VARIANCE AND WE'RE WRITING IT UP.

YEP.

I JUST WANTED TO UNDERSTAND WHAT KIND OF NUMBERS.

OKAY.

AS LONG AS YOU'RE GOOD.

OKAY, GREAT.

I'M GOOD NOW.

VERY GOOD.

AS SOMEBODY WHO'S BEEN PUBLISHED IN THE IT T E JOURNAL, I CAN TELL YOU THEY ARE THE INDUSTRY STANDARD.

OKAY.

OKAY.

THERE WE GO.

THANK YOU, .

THERE WE GO.

AS A PLANNER, I'LL CONFIRM THAT AS WELL.

YEAH, THAT'S WHY I ASKED THE QUESTION, , WHAT IF THE RARE PEOPLE COULD SAY THAT? ALL RIGHT, THANK YOU.

WE'RE GOOD.

I HAVE TO GIVE THE MIC.

YES.

OR YOU CAN TAKE THERE AND HOLD IT FOR THE NEXT PERSON.

TAKE FOR THE NEXT PERSON.

THERE YOU GO.

WHITES PAGE.

THANK YOU.

NEXT, AND OUR NEXT CASE IS CASE 23 0 8 40 MIL REALTY, L L C, AND THEY'RE AT 30 DASH 40 DASH 50, ET CETERA, ET CETERA, ET CETERA.

SUMMER RIVER ROAD, NINE O'CLOCK NINE.

GOOD EVENING, MADAM CHAIR, MEMBERS OF THE BOARD, DAVID STEIN METZ FROM THE LAW FIRM OF ZAIN AND STEIN METZ.

PLEASED TO BE BACK BEFORE YOUR BOARD ONCE AGAIN.

UH, HERE WITH REGARD TO, UH, OR ON BEHALF OF THE OWNERS OF 34 DASH 40 50 DOUBLE ZERO AND 10 SAWMILL RIVER ROAD, UH, WITH ME, UH, VIA ZOOM SHOULD BE, UH, JOE MELLI FROM KARD SESSIONS, OUR PROJECT ENGINEER.

WE ARE HERE TONIGHT.

UH, MADAM CHAIR, MEMBERS OF THE BOARD SEEKING 12 AREA VARIANCES TO FACILITATE THE APPLICANT'S CONTINUED OPERATION OF ITS EXISTING STONE AND MASONRY YARD ON SAWMILL RIVER ROAD.

UH, YOU ALL MAY BE FAMILIAR THAT FACILITY, UH, AND BUSINESS HAS BEEN IN OPERATION FOR OVER A DECADE.

THAT FACILITY AND PROPERTY WAS BEFORE YOUR BOARD ABOUT TWO YEARS AGO, ALMOST FOR THE IDENTICAL APPLICATION.

SO WHY ARE WE HERE? WE'RE HERE BECAUSE OUR CLIENT WAS FORTUNATE ENOUGH TO ACQUIRE TWO ADDITIONAL PARCELS TO IMPROVE THE OVERALL FUNCTIONALITY AND THE ABILITY TO, UM, DISPLAY MATERIALS SOMEWHAT LIKE THE LAST APPLICATION.

THIS IS THE TYPE OF MATERIAL THAT YOU REALLY CAN'T GET FROM AMAZON ONLINE.

UM, IF YOU WANT COUNTERTOPS, YOU KIND OF WANT TO TOUCH THEM AND SEE THEM.

IF YOU WANT PAVERS, YOU WANT TO FEEL THEM AND YOU WANT TO ACTUALLY SEE THE MATERIAL.

UM, OUR CLIENT DOES BOTH RETAIL AND SELLS TO THE TRADE.

UH, BUT THIS IS A FACILITY WHERE THERE'S OUTDOOR STORAGE OF MATERIAL.

THERE ARE TRUCKS COMING AND GOING, AND THERE ARE SOME PATRONS COMING AND GOING.

SO THE, IT'S A LONG AND NARROW PROPERTY.

UM, AS YOU OBSERVED TWO YEARS AGO IN YOUR ANALYSIS, IT'S WHAT I WOULD CALL GEOMETRICALLY CHALLENGED.

UM, IT IS WHAT IT IS.

IT'S NARROW, IT'S LONG.

THE GOOD NEWS IS IT'S NOW LONGER.

IT'S GOT MORE CAPABILITY OF FUNCTIONALITY.

UM, THIS IS REALLY ABOUT REALLY JUST IMPROVING THE BUSINESS.

IT'S NOT DESIGNED TO INCREASE THE NUMBER OF CUSTOMERS.

THE BUSINESS IS WHAT THE BUSINESS IS.

UM, THE CUSTOMER BASE IN WESTCHESTER COUNTY IS THE SAME CUSTOMER BASE THAT HAS BEEN THERE FOR OVER A DECADE.

BUT THIS ALLOWS, UH, OUR CLIENT TO JUST DO A BETTER JOB OF WHAT THEY'RE DOING.

WE SPEND A FAIR AMOUNT OF TIME IN FRONT OF THE PLANNING BOARD, AND, UM, THE COMMISSIONER CAN ATTEST TO THIS, LOOKING AT TRAFFIC MOVEMENT, TRUCKS AND PATRONS COMING AND GOING.

THE ADDITION OF THESE NEW PARCELS ALLOWS FOR BETTER CURB CUTS, BETTER SAFETY, BOTH FOR, UH, FOR EMPLOYEES AND FOR PATRONS.

UH, WE WERE EXTREMELY PLEASED THAT THE PLANNING BOARD PROCESSED US, UM, THOROUGHLY, UH, CAREFULLY AND THEN GAVE YOU, UM, A POSITIVE RECOMMENDATION IN FAVOR OF THIS APPLICATION.

IRONICALLY, MUCH OF WHAT THE PLANNING BOARD WROTE TO YOU TWO YEARS AGO, THEY WROTE THE SAME KIND OF RECOMMENDATION.

NOW, I THINK WITH A LITTLE BIT MORE, UH, FLAVOR.

IN ADDITION, UH, WE DID RECEIVE A NEGATIVE DECLARATION PURSUANT TO CCRA.

UH, THERE ARE NO SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS AND YOU, AS I THINK, YOU KNOW, WERE COORDINATED INTO THAT, UH, CCRA REVIEW.

WHAT I TRIED TO DO, UM, TO MAKE THIS WHAT OTHERWISE SEEMS LIKE A COMPLICATED APPLICATION, UM, PRETTY STRAIGHTFORWARD IS THE CHART ON PAGES THREE AND FOUR OF OUR SUBMISSION LETTER.

[01:55:01]

UM, MY COLLEAGUE KATE FINEMAN, UM, WHO HAS BEEN WORKING VERY DILIGENTLY ON THIS FROM THE OUTSET, TRIED TO SET FORTH FOR YOU THE VARIANCES THAT WERE GRANTED ORIGINALLY, THE VARIANCES THAT WE'RE ASKING FOR NOW, WHAT HAS BEEN REDUCED, WHAT HAS BEEN INCREASED, AND WHAT HAS BEEN ELIMINATED ON BALANCE.

WE THINK THE IMPACT OF THE PROPERTY AND THE IMPACT OF THE VARIANCES HAS DECREASED.

THE REASON THERE ARE SOME NEW VARIANCES IS THERE ARE SOME NEW PARCELS INVOLVED.

SO THEREFORE THERE'S NEW AREA THAT WE HAVE IN FRONT OF YOU AND IN FRONT OF THE TOWN WHERE THERE ARE SOME SETBACK ISSUES THAT WERE TRIGGERED.

THERE'S MORE PARKING, THERE'S BETTER CURB CUTS, BUT MATHEMATICALLY THE BUILDING DEPARTMENT DID EXACTLY WHAT IT NEEDED TO DO.

IT REPORTED OUT THAT WE HAVE TECHNICAL, UM, NON-COMPLIANCE WITH THE ZONING, BOTH PARAMETERS JUST LIKE WE HAD TWO YEARS AGO.

SO WE'RE BACK, UM, WITH SETBACK, WITH PARKING, UM, AND WITH, UM, THE VARIOUS, THE VARIOUS BULK, UM, VARIANCES THAT WE HAD, UH, THAT WE HAD SET FORTH IN OUR SUBMISSION LETTER.

IN SOME, WE CLEARLY THINK THE BENEFIT TO THE APPLICANT OUTWEIGHS ANY DETRIMENT TO THE SURROUNDING AREA OF THE COMMUNITY.

WE THINK THAT THERE IS NO ADVERSE ENVIRONMENTAL IMPACT.

THAT'S WHY WE GOT AN EGG DECK.

UH, WE DO NOT BELIEVE THAT THE VARIANCES ARE SUBSTANTIAL, PARTICULARLY WHEN ANALYZED, UH, BASED UPON THE TOTALITY OF THE FACTS AND CIRCUMSTANCES HERE.

AND THERE REALLY IS NO FEASIBLE ALTERNATIVE.

UM, IF YOU WANT TO ADD PROPERTY TO A NARROW STRIP OF LAND AND STILL HAVE THE BUSINESS THAT'S GOING ON, YOU'RE GOING TO INEVITABLY NEED THE SAME VARIANCES THAT YOU NEEDED ON EITHER SIDE OF THAT PROPERTY.

UH, I'M HAPPY TO ANSWER QUESTIONS.

JOE ELLI IS MORE THAN HAPPY TO ANSWER ANY OF THE TECHNICAL INFORMATION IN TERMS OF THE SCREENING, THE FENCING, ET CETERA.

UH, BUT THIS IS IN ESSENCE ALMOST IDENTICAL TO WHAT YOU HAD BEFORE YOU TWO YEARS AGO.

SO JUST REAL QUICK, PLEASE, THE SUMMATION OF ALL OF THESE, UH, REQUESTS ARE JUST ON THE NEW PARCELS, NOT IN CONJUNCTION WHAT WAS ALREADY GRANTED.

CORRECT.

NOTHING HAS CHANGED WITH REGARD TO, UH, AND JOE, PLEASE FEEL FREE TO CORRECT ME ON THAT.

UM, WE'RE, WE'RE NOT SEEKING VARIANCES WITH REGARD TO ANY OF THE PRIOR, UH, PARCELS OR, OR, OR AM I INCORRECT ON THAT? NO, THESE ARE DAVID.

THESE ARE BASICALLY EXTENSIONS OF VARIANCES THAT WERE PREVIOUSLY GRANTED RELATED TO, UM, STORAGE AND MATERIALS WITHIN BUFFERS AND, UM, PARKING.

UH, THERE ARE, I BELIEVE, THE SETBACKS ASSOCIATED WITH THE RETAIL BUILDING.

YOU KNOW, THEY WERE PREVIOUSLY GRANTED.

WE HAVE SOME NEWER ONES FOR THE PROPOSED SHED ON THE SOUTHERN PARCEL.

UH, SO ALL THE VARIANCES THAT YOU SEE HERE ARE, UH, EXTENSIONS OF WHAT WAS PREVIOUSLY GRANTED BECAUSE OF THE ADDED PARCELS.

DID THAT ANSWER SORT OF QUESTION? SO THE VARIANCES THAT WERE GIVEN, LET'S SAY ON THE PRIOR TO PURCHASING THE NEW LOTS, ARE WE INTRUDING BACK OVER THOSE VARIANTS THAT WERE ALREADY GRANTED AND THIS IS JUST FOR THE NEW LOTS, OR THIS IS A COMBINATION OF THE OLD LOTS AND THE NEW LOTS? JOE? I THINK THE, THE PROPER ANSWER TO THAT QUESTION IS THIS IS A COMBINATION OF THE OLD LOTS AND THE NEW LOTS AS A RESULT OF THE RECON.

CORRECT.

AND WHAT I THINK I OMITTED FROM MY EARLIER ANSWER IS, AS A RESULT OF THE RECONFIGURATION OF SOME OF THE AREAS UPON WHICH WE CAN NOW STORE AND WHERE WE MOVED OUR STORAGE SHED, WE ACTUALLY MOVED THINGS AROUND TO MAKE THE SITE MAKE MORE SENSE IN LIGHT OF THE NEW CURB CUTS.

SO THE CORRECT ANSWER IS THERE ARE THINGS THAT CHANGED ON THE LOTS THAT YOU PREVIOUSLY GRANTED VARIANCES FOR.

OKAY.

AND THAT, AND THAT AND THAT.

SO THAT'S WHERE I'M AT NOW.

THEN IT WAS JUST A LITTLE CONFUSING AS TO SEE EXACTLY WHAT WE WOULD BE GRANTING AND WHERE THAT IS.

SO EVEN WHEN I GO TO THE LAST SET OF MAPS HERE, UM, AND IT SHOWS THE NORTH AND THE SOUTH, I'M JUST NOT CERTAIN WHICH LOTS THOSE ARE, THAT IT'S JUST A LITTLE CONFUSING TO ME TO KIND OF ASCERTAIN EXACTLY WHAT WE'D BE APPROVING AND WHERE THAT WOULD BE.

UNDERSTOOD.

JOE, I'M GONNA NEED YOU TO, DAVID, WOULD, WOULD IT HELP TO GO THROUGH THE LIST OF VARIANCES AND JUST IDENTIFY THEM ON THE PLAN? I THINK THAT WOULD BE GREAT.

AND, AND JOE, I THINK WHAT WE SHOULD DO IS GO THROUGH THE LIST AND EXPLAIN ON WHICH LOTS THEY'RE, THEY'RE TIED TO.

SURE, YEAH.

NO PROBLEMS. YOU PLEASE ZOOM IN, UH, THEN AS YOU GO ALONG THEN HELPFUL.

YEP.

SORRY.

SO WE'LL START AT THE TOP OF THE LIST.

THE REAR YARD SETBACK FOR ACCESSORY BUILDING ONE WHERE 50 FEET IS REQUIRED.

AND WE ARE PROPOSING 17 FEET.

THAT'S FOR THIS, THIS STRUCTURE HERE.

[02:00:01]

SO THERE'S A, A 50 FOOT REQUIRED SETBACK.

WE WILL HAVE, UH, WE'RE PROPOSING 17 FEET.

UM, THE REAR YARD SETBACK FOR ACCESSORY BUILDING.

TWO, AGAIN, 50 FEET IS REQUIRED.

WE'RE PROPOSING FOUR FEET.

THAT'S THIS PROPOSED BUILDING ON THE NEWLY ACQUIRED, UH, SOUTHERN PARCEL THAT WE REFER TO OFF STREET PARKING.

THERE'S A TOTAL OF 24 REQUIRED.

WE'RE PROPOSING A TOTAL OF 12.

WE HAVE FIVE PARKING SPACES IN TOTAL FOR THE RETAIL SPACE.

AND AT THE SOUTH END, WE'RE PROPOSING AN ADDITIONAL SEVEN.

UH, LET'S SEE.

JUST STAY ON THAT FOR ONE SECOND.

'CAUSE THERE'S ONE POINT I WANNA MAKE ON THAT.

UM, WE, IT IS ON OUR CHART, BUT I WANT TO EMPHASIZE THIS.

PREVIOUSLY, 21 SPACES WE'RE REQUIRED AND WE WERE ONLY SUPPLYING EIGHT.

AND YOU GRANTED VARIANCES FOR THAT.

NOW, UM, AN ADDITIONAL THREE SPACES WOULD BE REQUIRED BUMPING UP TO 24 REQUIRED, YET WE'RE INCREASING THE AMOUNT PROVIDED TO 12.

SO WE'RE INCREASING BY FOUR.

WE'RE PROVIDING, WE'RE, WE'RE REDUCING THE MAGNITUDE OF THE VARIANCE ON THE PARKING.

AND WE SPENT A FAIR AMOUNT OF TIME IN FRONT OF THE PLANNING BOARD AND WITH THE PLANNING BOARD'S TRAFFIC CONSULTANT LOOKING AT THAT BECAUSE THE SAFETY OF, OF PATRONS WAS OBVIOUSLY SOMETHING THAT WAS PARTICULARLY IMPORTANT TO THE, TO THAT BOARD.

CONTINUE, JOE.

SURE.

UH, THE NEXT ONE IS PARKING.

SOUTH SIDE SETBACK.

25 FEET REQUIRED.

WE'RE PROPOSING TWO FEET, THAT'S FOR SPACES 6, 7, 8.

UH, AND IT'S IMPORTANT TO NOTE THAT THIS, THIS HATCHED SECTION HERE IS AN EXISTING, UH, RETAINING WALL ON THE PROPERTY.

THE PROPERTY BEHIND IT IS, IS HIGHER IN ELEVATION.

AND THIS PARCEL HERE IS A, UH, IT'S A STRIP THAT'S, UM, I THINK A, A PORTION OF DONALD PARK, WHICH IS UP ABOVE.

UM, BUT YOU KNOW, NO IMMEDIATE NEIGHBOR HERE.

THE, UM, THE NEXT ONE IS A PARKING SETBACK ON THE NORTH SIDE.

AGAIN, 25 FEET REQUIRED.

WE'RE PROPOSING SEVEN, UH, LET'S SEE, THAT IS, OH, I'M SORRY.

THAT'S THIS SIMILAR, SIMILAR ISSUE HERE.

UM, SEVEN FEET, BUT AGAIN, UH, THE RETAINING WALL BETWEEN OUR PARCEL, AND I BELIEVE THIS IS A VACANT LOT ABOVE US.

UH, LET'S SEE.

THE NEXT ONE IS THE STORAGE FOR, UH, LET'S SEE, STORAGE FOR FRONT SETBACK, STORAGE FOR SOUTH SETBACK AND STORAGE FOR REAR SETBACK.

25 FEET REQUIRED FOR ALL.

WE'RE PROPOSING ZERO FEET FOR ALL OF THEM.

UH, YOU KNOW, AS DAVID MENTIONED, THIS IS PRIMARILY STORAGE AND MATERIALS FOR THE RETAIL USE.

AND WE HAVE PROVIDED OR PREPARED A PLAN THAT PERMITS FOR OUTDOOR DISPLAY AND STORAGE AREAS OF THE VARIOUS MATERIALS AROUND THE PERIMETER OF THE SITE, WHILE MAINTAINING ACCESS THROUGH THE CENTRAL PORTION OF ALL THE PROPERTIES FOR, UM, TRAFFIC CIRCULATION.

SO, UH, THESE HATCHED AREAS INDICATED ON THE PLAN ARE, ARE WHAT WE'RE PROPOSING AS, OOPS, SORRY, AS DESIGNATED, UH, STORAGE AREAS, STORAGE AND DISPLAY AREAS.

SEVERAL OF THOSE, JOE, SEVERAL OF THOSE STORAGE AREAS WERE PREVIOUSLY AT ZERO FEET.

IS THAT CORRECT? YES.

UH, ACTUALLY SOME OF THESE, UH, THE, THE STORAGE AREAS, THESE THREE HERE WERE PART OF THE ORIGINAL SITE PLAN APPROVAL AND THE VARIANCE IS GRANTED.

UH, AND YES, SOME OF THESE, UH, THEY, THEY GO, UH, THE, THIS AREA HERE AND IN THE BACK THEY GO TO ZERO FEET.

UH, SOME OF THE AREAS IN THE FRONT HERE ARE SET BACK A LITTLE BIT, UM, JUST BY THE, THE NATURE OF THE SITE AND THE GEOMETRY.

THERE'S AN EXISTING, IF YOU'VE BEEN BY THE SITE, THERE'S A, UM, STONE, PIER AND, AND IRON GATE ALONG THE FRONTAGE OF THE PROPERTY, WHICH IS SET BACK A LITTLE BIT.

SO, YOU KNOW, WE'VE, WE'VE BROUGHT IT AS CLOSE TO THAT FENCE AS WE CAN, BUT IT'S, IT'S NOT AT THE LOT LINE.

UM, AND THEN THE FINAL THREE ARE RELATED TO LANDSCAPE BUFFERS.

10 FEET REQUIRED AGAIN, UH, ZERO FEET FOR THE SAME REASON FOR UTILIZING THOSE SPACES FOR STORAGE AND OUTDOOR DISPLAY AREAS.

SO THIS, THIS GREEN LINE HERE IS THE 10 FOOT BUFFER THAT WOULD BE REQUIRED.

AND AS YOU CAN SEE, WE'RE PROPOSING STORAGE OF MATERIALS WITHIN THOSE AREAS.

JOE, I KNOW WE ELIMINATED SEVERAL VARIANCES THAT WERE PREVIOUSLY GRANTED, UM, SPECIFICALLY RELATING TO SCREENING IN THE FRONT, THE NORTH, THE SOUTH, AND THE REAR SCREEN.

UH, WELL, WE'RE NOT, UM, I'M SORRY, DAVID, WHAT, UM, WERE YOU FOR A SECOND, THERE WERE, WE'RE NOT PROPOSING ANY SCREENING, CORRECT? UM, MY UNDERSTANDING IS THAT THERE, THERE WERE VARIANCES GRANTED, UM, IN CONNECTION WITH SOME OF THE SCREENING TWO YEARS AGO.

AND THAT WE'VE ELIMINATED ALL OF THAT.

NOW,

[02:05:03]

I BELIEVE THE VARIANCES WERE GRANTED BECAUSE AT THE TIME WE WERE, WE WERE ALSO THE, THE PRIOR PLAN, WE WEREN'T A PARTY OF THAT, BUT, UH, OR PART OF THAT RATHER.

BUT THE, THE SIMILAR DISPLAY AREAS WERE PROPOSED AT THAT TIME.

SO THOSE VARIANTS WERE, WERE NEEDED THEN AS WELL.

AND GRANTED IS MY UNDERSTANDING, THEY WERE GRANTED THEN, BUT WE'RE NOT, UH, WE'RE NOT SEEKING, WE'RE NOT SEEKING THEM.

NOW, IF I'M, IF I'M NOT CORRECT, THE LANDSCAPE BUFFERS, THE SCREENING, THE SCREENING HEIGHT BUFFERS, OH, UM, THE, THAT'S THE SIX FOOT SCREENING? YES.

THE SIX FOOT SCREENING.

SORRY ABOUT THAT.

YES, THAT'S CORRECT.

CAN YOU EXPLAIN, WE, WE WE'RE, WE'VE LIMITED THE HEIGHT OF THE STORAGE MATERIALS TO SIX FEET.

RIGHT.

SO WE NO LONGER NEED A, UM, WE NO LONGER NEED A VARIANCE ON, ON ANY OF THOSE, UM, SCREENING ITEMS. SORRY ABOUT THAT.

SO DOES THAT MEAN YOU, YOU NEVER DID IT, YOU CHANGED THE SCREENING, OR YOU DON'T HAVE THE SCREENING? JOE, CAN YOU EXPLAIN THAT? NO, I, I THINK THE, THE REQUIREMENT IS TO LIMIT THE, THE HEIGHT OF THESE DISPLAY AREAS TO NO MORE THAN SIX FEET.

SO WE'RE, WE'VE PROPOSED THAT WITH THIS PLAN, RIGHT? SO THERE'S NO ADDITIONAL SCREENING REQUIRED.

THERE'S NO ADDITIONAL SCREENING REQUIRED.

SO THAT WOULD'VE BEEN MY NEXT QUESTION.

OVERALL, THE OVERALL HEIGHT, OLD LOTS, NEW LOTS, EVERYTHING COMBINED.

WHAT, OTHER THAN THE, UM, AUXILIARY STRUCTURES, WHAT WOULD BE THE OVERALL HEIGHT OF THE STORED MATERIAL, ROUGHLY? GOOD QUESTION.

IT'S, UH, IT'S ALL PALLETIZED MATERIAL.

IT'S, YOU KNOW, IT'S, IT'S, FOR THE MOST PART IT'S PAPER BLOCKS AND CUT STONE ON PALLETS.

AND THOSE WOULD BE, UM, PER THE PLAN AND PER THE CODE, THEY'D BE LIMITED TO SIX FEET HEIGHT.

OKAY.

AND IN TERMS OF THE TRAFFIC, UM, I SEE THERE'S A NUMBER OF ARROWS GOING LEFT, RIGHT UP, DOWN BEHIND BUILDINGS.

UM, ARE THOSE ARROWS TRAFFIC PATTERN OR JUST NO, ALL THESE ARROWS HERE THAT YOU SEE, THOSE, THOSE ARE ALL JUST, UM, YOU KNOW, LEADERS FOR THE, THE VARIOUS NOTES.

OKAY.

THE, THE ONLY, THE ONLY ARROW DIRECTIONAL ARROW WOULD BE THIS AT THE NORTHERN ENTRANCE.

UM, THIS IS PROPOSED TO BE A ONE WAY IN WITH NO EXIT.

THIS CENTRAL THAT, LEMME STEP BACK FOR A SECOND.

CURRENTLY THERE ARE FIVE CURB CUTS ON THE PROPERTY.

THERE'S, UH, ONE, TWO, AND THREE THAT WE ARE, THAT ARE EXISTING AND PROPOSED TO MAINTAIN IN THEIR CURRENT LOCATION.

THERE'S A FOURTH CURB CUT, UH, APPROXIMATELY IN THIS LOCATION THAT WE'RE GOING TO BE REMOVING.

AND A FIFTH IN THIS LOCATION.

UH, ALTHOUGH IT DOESN'T ACCESS THE SITE, THERE IS A, A DEPRESSED SECTION OF CURB THAT WE'RE GOING TO RESTORE WITH A, A STANDARD CONCRETE CURB AS PART OF A D O T PERMIT APPLICATION.

SO THE IDEA IS THAT THE NORTHERN ENTRANCE WOULD BE LIMITED TO TRAFFIC ENTERING THE SITE.

AND THEN THE CENTRAL AND SOUTHERN, UM, DRIVEWAYS WOULD'VE ACCESS IN BOTH, YOU KNOW, IN AND OUT.

AND, AND JUST FOLLOWING JOE ON THAT, AND, AND AGAIN, GARRETT COULD SPEAK TO THIS IF NECESSARY, THE TOWN RETAINED, UM, JOHN CANNING FROM KIMLEY HORN TO DO A FULL ANALYSIS.

ONE OF THE PRIMARY CONCERNS, AS I SAID EARLIER, BUT I WANT TO DRILL DOWN ON W WAS THE, THE SAFETY OF CIRCULATION ON THE SITE.

WE SPENT MONTHS REFINING WHAT WAS HAPPENING BECAUSE OF THE, THE HODGEPODGE OF CURB CUTS THAT'S OUT THERE RIGHT NOW.

UM, AND PICKING UP THIS ADDITIONAL PROPERTY ALLOWED FOR THAT TO BE ELIMINATED AND OBVIOUSLY ALLOWED FOR WHAT WE THINK IS A BETTER, UM, STORAGE OF MATERIALS AND DISPLAY OF MATERIALS.

AND ONE LAST QUESTION FROM ME, JUST IN CASE A NEIGHBOR COMES AND ASKS ANY INCREASE TO NOISE IN TERMS OF WHAT CURRENTLY EXISTS, JOE, MY UNDERSTANDING IS THAT THERE'S NO ADDITIONAL EQUIPMENT OR ANYTHING THAT'S BEING, THERE'S NO, NO, NO, NO ADDITIONAL OPERATIONS, NO ADDITIONAL EQUIPMENT.

THIS IS PURELY A MEANS TO, UH, BETTER OPERATE THE CURRENT CONDITIONS OF THE SITE.

ONE OF THE, UH, THERE IS A, YOU, AS YOU ALL PROBABLY KNOW, THERE'S A SIGNIFICANT GRADE CHANGE, UM, HERE.

UM, NONETHELESS, OUR CLIENT DID WORK WITH ONE OF THE, PROBABLY MORE AFFECTED PROPERTY OWNERS, UM, AND WE GOT A LETTER OF SUPPORT FROM THAT PROPERTY OWNER AFTER THERE WAS SOME ADDITIONAL SCREENING THAT, THAT OUR CLIENT AGREED TO PUT ONTO THE NEIGHBOR'S PROPERTY.

SO WE'VE, AGAIN, WE'VE COEXISTED IN THIS AREA OF RESI RIGHT NEXT TO LIGHT INDUSTRIAL.

UM, AND HOPEFULLY THIS ULTIMATELY BECOMES A, A, AN IMPROVEMENT FOR ALL.

I HAVE A QUESTION ON, UM, YOUR PARKING SPACING.

YEAH.

OKAY.

UM, AND I'VE ACTUALLY BEEN TO YOUR LOCATION SEVERAL TIMES, UM, PAST CUSTOMER, UM, AND THE VEHICLES THAT ARE THERE TEND TO BE OVERSIZED.

[02:10:02]

UM, WHAT ARE YOU GOING TO ACCOMMODATE OVERSIZED VEHICLES WITH OVERSIZED SPACES? LIKE WHAT, HOW, WHAT IS YOUR PLAN FOR PARKING? JOE, CAN YOU SPEAK TO THE WIDTH OF YOUR PARKING SERVICES? SURE.

SO THE, THE PARKING SPACES, UH, FOR THE RETAIL SPACE, FOR INSTANCE, ARE STANDARD PARKING STALLS FOR, YOU KNOW, UH, SOMEONE COMING IN TO VIEW THE PRODUCTS, YOU KNOW, YOU OR I GOING IN AND, AND JUST WANTING TO SEE THE SELECTION MATERIALS, THE, THE LARGER TRUCKS, THE, THE PICKUPS, THE UTILITY TRUCKS, THE SMALL DUMP TRUCKS AND WHATNOT.

UH, THEY TYPICALLY ENTER THE SITE EITHER AT THIS LOCATION OR THE CENTRAL LOCATION TO ACCESS THE STORED MATERIALS IN THE, THE VARIOUS BINS, WHETHER IT BE SAND, GRAVEL, STONE, UH, OR THEY'LL ACCESS THE SOUTHERN PORTION OF THE SITE, OR LARGER BULK MATERIAL.

SO THE, THEY'RE, THEY'RE NOT NECESSARILY THERE PARKING, THEY'RE THERE FOR A PICKUP OF AN ORDER.

THEY GET LOADED AND THEY LEAVE THE, UM, THE LONGER TERM PARKING, FOR LACK OF A BETTER DESCRIPTION, UH, WOULD BE FOR YOUR, YOUR TYPICAL CUSTOMER IN A STANDARD VEHICLE U UTILIZING THESE SPACES FOR THAT PURPOSE.

SO YOUR TYPICAL CUSTOMER IS DRIVING A STANDARD VEHICLE.

UH, WELL, CUSTOMERS OF THE RETAIL SPACE ARE DRIVING TYPICAL, YOU KNOW, STANDARD VEHICLES.

AND THEN, AS I SAID, THE, THE CUSTOMERS THAT ARE, UM, PICKING UP BULK MATERIALS OR MAYBE AN ORDER OF PAVERS FOR A JOB, LET'S SAY THEY'RE COMING IN A LARGER VEHICLE, BUT THEY'RE NOT PARKING IN THESE SPACES.

THEY'RE, THEY'RE COMING INTO THE SITE AND THEY'RE USING THIS ACCIDENT STYLE TO BE LOADED WITH MATERIALS FROM THE PROPERTY AND THEN THEY LEAVE.

YEAH, I CAN ONLY GO BY MY OWN EXPERIENCE AND I, UH, OBVIOUSLY TRUST THE TOWN EXPERTS, BUT I KNOW WHEN I'VE BEEN THERE, UM, THOSE OVERSIZED VEHICLES HAVE PARKED IN THE STANDARD SPACES AND IT'S BEEN VERY DIFFICULT GETTING IN AND OUT AND TURNING AROUND.

UM, AND THEY'LL TAKE, YOU KNOW, TWO SPACES BECAUSE THEY ALSO ARE COMING, GOING TO THE SHOWROOM, NOT JUST PICKUP.

SO I, I AM CONCERNED ABOUT THE PARKING, ESPECIALLY WHEN YOU'RE ONLY GONNA HAVE 12 SPACES.

THE GOOD NEWS IS WE'RE PICKING UP FOUR SPACES YEAH.

FROM WHEN YOU WERE PROBABLY OUT THERE.

UM, SO THERE SHOULD BE, IT WAS OVER A YEAR AGO, SO THERE SHOULD BE, UM, JOE, WHAT'S THE WIDTH OF YOUR PARKING SPACES? AND IT'S IMPORTANT TO NOTE THAT THERE'S NO, TODAY THERE'S NO DEFINED PARKING OUT THERE WHATSOEVER.

YEAH.

SO THE, THE FACT THAT WE'RE, YOU KNOW, WE'RE GONNA BE STRIPING AND MARKING, AND THAT ACTUALLY MIGHT BE THE BEST POINT OF ALL, IS THAT, IS THAT UP UNTIL NOW, NOT ONLY HAS THERE BEEN MY PHRASE, NOT ANYONE ELSE'S, A HODGEPODGE OF CURB CUTS, THERE'S KIND OF A HODGEPODGE OF PARKING NOW AS A RESULT OF THE PLANNING BOARD, YOUR OUTSIDE TRAFFIC CONSULTANTS EFFORTS AND YOUR COMMENTS HERE, THIS HAS GOTTA BE CAREFULLY STRIPED AND LAID OUT, UM, SO THAT AT LEAST THERE'S AN INDICATION OF WHERE PEOPLE SHOULD BE.

PLUS THERE ARE FOUR MORE PARKING SPACES, AND THERE SHOULD BE A BETTER DISTRIBUTION OF THE CONTRACTORS GOING TO ONE AREA AND THE RETAIL PATRONS GOING TO ANOTHER.

I I CAN'T GUARANTEE THAT THAT'S GONNA HAPPEN IN EVERY INSTANCE.

AND THERE ARE PLENTY OF PARKING LOTS HERE IN GREENBURG, WHERE I AGREE, EVEN IN A REGULAR, UH, COMMERCIAL OR RETAIL PARKING LOT, YOU PULL IN AND THERE ARE REALLY BIG VEHICLES NEXT TO YOU AT TIMES.

UM, BUT IN THIS INSTANCE, HOPEFULLY, UH, THE, THE ALLOCATION OF SPACE SHOULD BE, SHOULD BE, UH, MORE CONDUCIVE TO WHAT WE NEED TO ACCOMPLISH.

AND TO ANSWER THAT QUESTION, UM, OR COMMENT, DO YOU, WILL YOU HAVE PROVISIONS FOR HANDICAP PARKING BECAUSE HANDICAP PARKING, PARKING WILL THEN REDUCE THE ACTUAL AMOUNT OF PARKING SPACES THAT PATRONS CAN USE? SO DO YOU HAVE HANDICAPPED PARKING, JOE? WE DO.

WE'RE REQUIRED TO HAVE ONE STALL AND WE, WE'VE LOCATED IT IN THIS, UH, AREA OF THE SITE HERE, CLOSEST TO THE RETAIL SPACE.

AND AGAIN, THIS WAS IN COORDINATION WITH, UH, THE PLANNING BOARD AND, AND THE CONSULTANT AND THE ACCOUNT.

SO WE HAVE ONE FULLY STRIPED SPACE WITH, WITH THE AREA, WITH THE DROP OFF, THE HANDICAPPED DROP OFF AREA.

THAT'S ALL BEEN TAKEN INTO ACCOUNT AND YET THERE ARE STILL FOUR ADDITIONAL PARKING SPACES.

ANYTHING ELSE WE CAN ANSWER? JUST WILLIAM, JUST TO CLARIFY THOSE ARROWS, I THINK WERE CORRESPONDING TO THAT.

.

YEAH, I GOT 'EM NOW.

YEAH.

THANK YOU.

'CAUSE THIS MAP HERE, UM, I DIDN'T SEE THIS ONE, BUT, UM, I GOT IT NOW.

OKAY.

ANYBODY OUT THERE? OKAY.

ANYTHING ELSE WE CAN ANSWER FOR YOU? NO, I THINK YOU'VE, UH, KIND OF UNCONFUSED US SOMEWHAT.

.

GOOD.

.

THANK YOU ALL.

NOT A PROBLEM.

THANK YOU.

AND THEN LAST CASE ON TONIGHT'S AGENDA IS CASE 2309 PATRICK MAGDY, FIVE HILLCREST AVENUE.

[02:15:20]

GOOD EVENING.

UH, MADAM CHAIRWOMAN AND, UH, FELLOW BOARD MEMBERS.

MY NAME IS NICHOLAS SHARIA.

SORRY, LEMME TAKE THIS OFF.

I'M WITH HUDSON ENGINEERING.

I'M REPRESENTING, UH, THE APPLICANT, MR. PATRICK MAGGOTY AT FIVE HILLCREST AVENUE.

UH, THE APPLICATION IS FOR A PROPOSED TWO LOTS SUBDIVISION ON, ON HILLCREST AT THE CORNER OF HILLCREST AND CHESTNUT STREET.

UH, THE LOT IS A 20,000 SQUARE FOOT LOT IN THE R 7.5, UH, ZONING DISTRICT.

UM, WE ARE HERE TONIGHT BECAUSE THE PROPOSED SUBDIVIDED LOT, UH, SHOWS FRONTAGE ON CHESTNUT STREET, WHICH IS A SUBSTANDARD ROADWAY.

UM, AS PART OF ANY APPROVAL FOR THE SUBDIVISION, UH, WE HAVE BEEN INSTRUCTED TO, UH, IMPROVE THE ROADWAY ON CHESTNUT STREET.

UM, AS PART OF THE PROPOSED, UM, IMPROVEMENTS, UH, WE'RE, WE'RE GOING TO WIDEN THE, UH, STREET AND CHESTNUT FROM ITS CURRENT WIDTH TO 20 FEET.

UM, AND FOR THAT WE ARE SEEKING A VARIANCE TO, UH, ZONING CODE 2 85 DASH 39 C, UM, FRONTAGE TO A TOWN ROAD, UH, WILL REDUCE FRONTAGE.

UM, IF, UH, GARY, CAN YOU SHOW ON PAGE C DASH FOUR? THANK YOU.

SORRY, I DIDN'T BRING AN EASEL TONIGHT.

SO, UM, IF I MAY GO BACK IN HISTORY A LITTLE BIT, UM, THE LOT ON SPRINGWOOD AVENUE BEHIND THE PROPOSED, UH, SUBDIVIDED LOT, UM, WAS A, UH, ACTUALLY APPROVED FOR A, UH, SINGLE FAMILY DWELLING BACK IN 2012.

UH, THE APPLICANT, MR. BOTTLE, UM, HIS ORIGINAL PLAN, UM, PART OF HIS APPROVAL WAS THE, WAS THE IMPROVEMENT OF THIS ROADWAY.

UM, AND HE WAS APPROVED FOR A VARIANCE AT THAT TIME, THE SUBSTANDARD WIDTH OF 20 FEET FOR THAT ROADWAY INSTEAD OF THE TOWN STANDARD 26.

UM, MR. BOTTO, UH, IN CONJUNCTION WITH OUR, OUR CLIENT, MR. MAGGOTY, UM, ARE GOING IN TOGETHER TO JOIN FORCES TO BUILD THIS ROADWAY.

SO WE ARE SEEKING THIS EXACT SAME VARIANCE THAT WAS GRANTED TO MR. UH, BARTO, UM, BACK IN 2012.

UM, YOU MAY BE ASKING WHY THEY WON'T, YOU KNOW, BUILD THE ROAD TO THE TOWN STANDARD.

THERE IS SOME CONSIDERATION FOR COST, UM, AS TO THE BUILDING OF THESE TWO LOTS.

AND UNFORTUNATELY, IT'S PROHIBIT PROHIBITIVE TO, UH, THE CONSTRUCTION OF THESE TWO LOTS AND WHAT THESE GENTLEMEN HAVE IN MIND FOR THOSE LOTS I SEE.

LOOKING IN MY DIRECTION.

YEAH, I DIDN'T QUITE UNDERSTAND THAT LAST PART OF THE STATEMENT.

WHEN YOU SAY IT'S PROHIBITED, PROHIBITED, FINANCIALLY PROHIBITED, CORRECT? FINANCIALLY, YES, SIR.

AND IS THAT INCREASE OF ROADWAY, WHICH IS CAUSING THAT FIVE FOOT DIFFERENTIAL? CORRECT.

SO THE TOWN STANDARD IS 26 FEET, AND WE ARE, WELL, MR. BTO WAS GRANTED A VARIANCE TO BUILD THE ROADWAY, UM, FROM 20 UP, UP TO 20, I BELIEVE THE CURRENT ROAD SITS AT ABOUT BETWEEN 12 TO 15.

AND I'M, I'M SURE YOU, WELL, YOU HAVEN'T SEEN IT, BUT THE ROADWAY IS NARROW, VERY SUB.

YES, IT'S VERY NARROW AND VERY MUCH IN NEED OF A FACELIFT.

SO YOU'RE GONNA INCREASE THAT WIDTH TO WHAT? TO 20, 20 FEET IS THE PROPOSED, UH, WIDTH ALL THE WAY BACK TO HIS PROPERTY? CORRECT.

UM, IF YOU LOOK AT OUR SHEET C FOUR, UH, WE'RE SHOWING THE IMPROVEMENTS TO THE ROADWAY, UM, SOME STREET TREES, SOME DRAINAGE, AND A, UM, SORT OF LIKE A HAMMERHEAD THAT JOINS ONTO THE PAPER STREET ON SPRINGWOOD.

SO IF THEY'RE BRINGING TO, IF THEY'RE BRINGING IT TO 20, WHAT WAS THE PROHIBITIVE PART OF IT? IT SEEMED LIKE YOU'RE GONNA DO THAT.

SO AGAIN, THE, THE, THE TOWN STANDARD IS 26.

OH, 26, YES.

SO YOU WERE, SO THEY'RE ASKING FOR A VARIANCE? YES.

FOR FROM, FOR 20 INSTEAD OF 26.

WAIT, I THOUGHT YOU WERE ASKING A VARIANCE FOR FRONTAGE.

UH, SO IT'S REDUCED FRONTAGE FOR THE STREET, RIGHT? IF THEY, THE STREET IS, IS, UH, REQUIRED TO BE 26, WE'RE ASKING TO MAKE IT TO 20, THEY WIDE THE ROAD, IT'S GONNA GO ONTO THE PROPERTY.

HOW MANY HOUSES ARE SERVED BY THE STREET, AND WHAT IS THE MAXIMUM

[02:20:01]

THAT EVER WILL BE? IF THIS PAPER STREET EVER GETS BUILT, DOES THAT GO TO MORE HOUSES AND DOES THE TRAFFIC INCREASE? SO CURRENTLY ON CHESTNUT, THERE IS ONE EXISTING RESIDENCE.

UM, IF THE VARIANCE IS GRANTED, I MEAN, MR. BDO WAS ALREADY APPROVED.

HE HAS A PERMIT.

UM, BUT HE WAS HOPING TO JOIN FORCES WITH OUR CLIENT, UH, MR. MAGDY TO BUILD A ROAD.

AND MR. MAGDY IS PLANNING TO, UH, PUT ONE MORE HOUSE.

SO IN ALL, UH, THREE HOUSES ALTOGETHER ON THAT STREET.

SO NOT MUCH INCREASE IN TRAFFIC WITH THE ONE HOUSE BACK THERE, BUT, UH, WITH TWO MORE.

UM, WELL, BUT I SEE IT LEADS ONTO A, LIKE A THREE-WAY.

SO IS THIS A MAIN ROADWAY TO GET TO THE, THE, THE STREET THAT THESE TOOK UP TO THE TOP OF THE DRAWING AND THE STREET DOWN TO THE BOTTOM OF THE DRAWING? SO, UH, FROM HILLCREST ONTO CHESTNUT, CHESTNUT'S, BASICALLY A DEAD END.

THOSE ARE PAPER STREETS, UH, IN THE BACK THERE THAT LEAD, UM, UH, TO EUCLID.

UM, BUT THOSE ARE NOT, UM, EXACTLY USABLE ROADWAYS.

THEY'RE, CAN YOU SHOW US WHICH ARE THE ONES THAT ARE NOT USABLE? BECAUSE SPRINGWOOD LOOKS LIKE IT MIGHT BE REAL STREET.

YES.

UM, IF I, SO, UM, BECAUSE I HAVE THE CURSOR, I'M JUST GONNA WALK THROUGH THE, THE AREA HERE.

ALRIGHT, SURE.

UM, SO JUST AS WAS DESCRIBED, THIS IS THE, THE BOTTLE LOTTO LOT THAT'S APPROVED TO BE A SINGLE FAMILY HOME.

AND, UH, THE SUBJECT LOT IS, IS HERE WITH A, WITH A PROPOSED, UH, CURB CUT HERE.

AND IT'S INDICATED THAT IT'S A PAPER STREET.

WHEN YOU GO THIS DIRECTION, UH, THERE'S A VERY NARROW DRIVEWAY THAT I BELIEVE ACCESS IS A HOME.

UH, I WANNA SAY HERE, UM, THIS, WHAT YOU SEE HERE, I, I I WOULD CONSIDER INFEASIBLE TO EVER HAVE A ROAD.

UH, THE TERRAIN IS, IS QUITE STEEP AND IT'S, IT'S FUNCTIONALLY PEOPLE'S BACK BACKYARDS.

SO, UM, I I, I WOULD NEVER SEE ANY, ANYTHING HAPPENING HERE, ANYTHING HAPPENING HERE.

UM, THIS IS A DEAD END.

AND, AND THIS IS A PAPER STREET HERE.

UM, THERE, THERE DOES, THERE DOES EXIST THE PROSPECT, UM, FOR THIS TO BE CONNECTED AT SOME POINT.

UM, BUT THAT, THAT'S, SO THERE, THAT PROSPECT IS, THERE IS IS IN EXISTENCE.

UM, AND YES, AND YOU CAN SEE THE VERY, UH, NARROW NATURE OF THE EXISTING ROAD.

THIS WHITE IS SUPPOSED TO REFLECT THE, UH, EXISTING SORT OF PAVED STRIP, IF YOU WILL, UH, WHICH WOULD BE INCREASED TO 20 FEET.

I HAVE A QUESTION, SINCE THIS IS, UH, A DEAD END ROAD ALSO MM-HMM.

, UM, AND IT'S NARROW.

UH, HAVE YOU REACHED OUT TO THE FIRE DEPARTMENT AND OTHER EMERGENCY SERVICES TO MAKE SURE THAT THE TRUCKS CAN GET IN AND OUT SAFELY? UM, YES.

SO WE ACTUALLY DID MEET WITH, UM, MEMBERS OF THE BUILDING DEPARTMENT AND THE, UM, TOWN, UH, PLANNING DEPARTMENT.

UM, AARON, UH, SCHMIDT WAS PRESENT.

UM, WE DID DISCUSS THIS.

UM, I BELIEVE HE SAID IT'S OKAY FOR US TO NOT HAVE, UM, UH, LIKE A TURNAROUND OR A TV, UH, BROUGHT UP THE STANDARD JUST BECAUSE BROUGHT OUR TRUCKS AND THE EMERGENCY VEHICLES CAN, AS THEY DO NOW, GO DOWN THE STREET AND BACK OUT IF NECESSARY.

SO, UH, WIND 2 26 WAS NOT NECESSARILY, UM, ACQUIRED.

AND I BELIEVE WE'RE STILL WAITING FOR COMMENTS BACK FROM THE FIRE DEPARTMENT.

SO IF I COULD, UM, THANKS.

WE, AS STAFF, WE SEND THIS OUT TO THE FIRE DISTRICT.

WE'RE IN ESSENCE THE LIAISON TO THE FIRE DISTRICT.

SO WE, WE REFERRED THIS APPLICATION OUT AS WE DID BOT LOTTOS.

UM, IN SHORT, THE ACCESS IN THE AREA IS GONNA BE, UH, ENHANCED.

UM, SO, UM, THAT, THAT, YOU KNOW, HELPS THE SITUATION FROM A FIRE PERSPECTIVE.

UM, WE DID NOT GET ANY COMMENTS BACK FROM THE FIRE DISTRICT THAT SAID THAT, YOU KNOW, THAT THIS, THIS IS, UH, YOU KNOW, THEY CAN'T HANDLE THIS SITUATION.

SO, UM, NO CONCERN THERE, THERE AT THE TOP OF THE SCREEN, IT LOOKS LIKE THERE ARE A LOT OF VACANT LOTS THAT ARE SUBDIVIDED AND PLANNED FOR MORE HOUSING.

IF YOU GO UP, IF YOU COULD HELP HOLD AT ME WHEN YOU SAY THE TOP OF THE SCREEN, DO YOU MEAN LIKE, IN THIS DIRECTION? YEAH, SO MOST OF THESE LOTS WITH THE BLUE DOTS, UM, THESE ARE UHHUH PREDOMINANTLY DEVELOPED ALREADY.

THIS IS A VERY BUILT OUT AREA.

I, I BELIEVE, UM, THERE'S ONE HOME, UH, TO BE CONSTRUCTED.

UH, I BELIEVE, UH, MAYBE IN THIS LOCATION, BUT IN GENERAL, UH, IT IS ALL BUILT OUT.

UM, THIS IS A VACANT LOT THAT'S TO BE BUILT, YOU KNOW, AS I LOOK CLOSELY HERE, YOU KNOW, I SUPPOSE THIS COULD HAVE A HOME AT SOME POINT.

IF ONE PROPOSED ONE, UM, THEY WOULD COME BACK TO

[02:25:01]

THIS BOARD, UH, SHORT OF PROPOSING, YOU KNOW, A 20 FOOT, 26 FOOT WIDE ROAD.

UM, IN GENERAL, I THINK THE, UH, AREA CAN BE CONSIDERED, UH, BUILT OUT.

I, I'M JUST TRYING TO ANTICIPATE IF THIS ROAD IS GONNA GET A LOT MORE TRAFFIC AS MORE HOMES ARE BUILT.

UH, I WON'T IT, LET'S PRETEND IT'S NORTH TO THE TOP, BUT I GUESS FROM THE VIEW THAT I'M SEEING IT, THAT THEY DON'T, THEY DON'T LOOK ALL BUILT UP, BUT MAYBE AS YOU GET, AS YOU, AS YOU'VE ZOOMED IN, THEY, UH, THEY ARE, THEY'RE, YEAH.

OKAY.

THERE IS THE PROSPECT FOR THE TOWN, UH, TO, UH, ENFORCE NO PARKING HERE, UM, OR THAT COULD BE CONDITIONED BY THE BOARD.

UH, NO PARKING ON THE STREET.

WE DID HAVE SOMETHING ABOUT PARKING ON ONE SIDE OR SOMETHING THAT HAD BEEN AGREED TO OR SOMETHING IN YOUR SUBMISSION.

I'M SORRY, UH, WHAT WAS THE QUESTION? I COULDN'T, IN, IN YOUR SUBMISSION, I THOUGHT YOU SAID THAT THE PLAN THAT YOU HAD GOTTEN FROM SOMEWHERE INCLUDED PARKING ONLY ON ONE SIDE OF THE STREET.

UM, NO, I, I DID NOT.

UM, SO WE DON'T HAVE ANY PLANS FOR STREET PARKING ON OUR SUBDIVISION PLAN.

THE PLAN, UM, THAT WE ADOPTED WAS TAKEN FROM THE BOTTLE LOTTO, UH, PROJECT ON SPRINGWOOD.

SO WE ARE BUILDING TO HIS SPECS WHAT WAS APPROVED FOR HIS SUB, FOR HIS, UH, BUILDING PROJECT ON SPRINGWOOD.

AND I DON'T BELIEVE IT INCLUDED ANY STREET PARKING.

ANY OTHER QUESTIONS? NO ONE ELSE OUT THERE.

OKAY.

ALRIGHT.

YES.

THEN I GUESS WE SHALL ADJOURNED FOR OUR DELIBERATIONS.

WHAT TIME IT IS NOW? NINE.

RECORDING STOPPED.

THANK YOU.

TAKE A FIVE MINUTE BREAK.

YEAH, SURE.

ALRIGHT, FOUR.

WOO.

ARE WE ON RECORDING IN PROGRESS? AH, WE'RE ON ALL SET.

GO AHEAD.

GO AHEAD STEVE.

YOU WANT IT? SO 2205 CALL THE GUESS WHAT'S THE GUESS? I WOULD SAY I DID NOT HEAR ANYTHING NEW OR ANYTHING THAT WOULD CHANGE MY DECISION MAKING, WHICH IS WELL, NO, OH NO.

I, I REOPEN WE'RE DENY.

OH, THAT'S RIGHT.

WE'RE DOING THAT.

YOU'RE DENYING IT.

OKAY.

NO, THAT'S WHAT I WANTED TO KNOW.

IT WOULD DENY REOPENING IT, CORRECT.

REOPENING IT.

YEAH.

JUST TO BE CLEAR, THE FIRST FIRST QUESTION IS WHETHER OR NOT TO REOPEN THIS, THIS HEARING.

THAT'S TO BE DEBATED FIRST.

AND THEN, UH, WE'LL TAKE IT FROM THERE.

AND THAT MY ANSWER WAS GEARED TOWARDS THAT.

I DID NOT HEAR ANYTHING WE HADN'T HEARD BEFORE AND IT DOES NOT CHANGE MY MIND, AND THEREFORE I DON'T THINK WE SHOULD BE IT.

OKAY.

THAT'S ON THE RECORD.

NEXT.

MY, UH, SORRY, MY VOTE IS, UM, NO, BECAUSE, UM, I BELIEVE THE APPLICANT, UM, FAILED OR ACTUALLY, YEAH, WITH THE FIVE FACTOR TESTS, THE DIFFICULTY THAT THE APPLICANT SELFERS WAS NO, NO, NO, WE'RE NOT DISCUSSING THAT.

OH, SORRY.

WE'RE DISCUSSING REOPENING REOPEN.

OKAY.

SO, NO, SORRY.

OKAY, WE ON PING PONG, WE'LL GONNA GO STRAIGHT THAT LINE STRAIGHT DOWN THE LINE.

I'LL TRY TO WAIT TO SEE WHAT EVERYONE ELSE SAID.

OKAY.

WE'LL LET HIM WAIT.

NO, NO, I, I, I, NO, I CAN ANSWER THAT.

I, I DON'T, I DIDN'T HEAR ANYTHING THAT SUBSTANTIALLY

[02:30:01]

WOULD'VE SWAYED ME ONE WAY OR ANOTHER IN TERMS OF THE, UM, THE ARGUMENTS THAT WERE PLACED BEFORE US TO REOPEN AT THIS TIME.

AND I THINK THE ARGUING THAT I DID TONIGHT, SO, SO I WOULD NOT VOTE, UH, MY VOTE WOULD BE NOT TO REOPEN.

OKAY.

THANK YOU, ED.

AND I, AND I, AND I, AS I WAS GOING TO SAY, I THINK THAT THE ARGUMENT ARGUMENTATION THAT I INVITED THIS EVENING, UM, I THINK I MADE IT CLEAR OF WHAT I WOULD DO WITH REGARD TO WHAT HE PRESENTED TONIGHT.

AND I SEE NO REASON TO, UM, TO REOPEN IT.

I SEE NO REASON TO REOPEN IT AS WELL.

NOT THAT YOU NEED ME TO SAY NO, BUT I SEE NO REASON TO REOPEN IT.

SO PROCEDURALLY DOES IT THE BOARD TAKE A VOTE OR DOES THAT UM, WELL THEY HOLD YES, VOTE.

OKAY.

I THOUGHT THEY DID.

YEAH, THAT WAS A STR THAT WAS A POLL.

THAT WAS, THAT WAS A POLL.

SO DO I THEN I'LL MAKE THE MOTION THAT WE, UM, BASED UPON THE POLL THAT WE JUST TOOK, THAT WE NOT REOPEN CASE 2205, THAT HAS BEEN CLOSED FOR DECISION ONLY.

DO I HAVE A SECOND DENYING THE REQUEST TO BE OPEN, DENYING THE REQUEST TO BE OPEN? SORRY.

I'LL SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

CHAIR VOTES.

AYE.

ALRIGHT.

NOW WE HAVE TO CONSIDER THE DECISION RESPECT TO THE ACTUAL DECISION ITSELF.

YOU'VE ALL RECEIVED THE DRAFT AND YOU HAVE, YOU HAVE A DECISION READY? I BELIEVE WE DO, YES.

OKAY.

SO THIS, SO WE'LL GO AT THAT'S THE LATER GO BACK? YES.

OKAY.

ALRIGHT.

SO, UM, I BELIEVE WE HAVE TO VOTE ON 2215 MARION WOODS BECAUSE THEY'RE ASKING FOR ANOTHER ADJOURNMENT.

SO THEREFORE, DOES ANYBODY WISH TO I MOVE THAT WE ADJOURN MION WOODS.

THANK YOU.

I'LL SECOND IT.

OH, SORRY.

JUST PROCEDURALLY, I THINK I THREW THINGS OFF A LITTLE BIT BEFORE THAT VOTE THAT YOU JUST TOOK TO, UH, VOTE TO NOT REOPEN.

THE FIRST CASE I THINK SHOULD HAPPEN WHEN WE GO BACK ON THE RECORD WITH THE STENOGRAPHER.

SO WE'LL HOLD THAT VOTE AND THEN, UM, FOR THIS, UM, YOU KNOW, YOU CAN DRAW A POLL AMONGST YOURSELVES, BUT OKAY.

IS THE BOARD CONCUR THAT, UM, YOU'RE OKAY WITH MARRYING WOODS TO BE ADJOURNED? YES.

YES.

SO THAT WILL JUST BE REFLECTED IN THE VOTE ADJOURNED.

UH, THEIR REQUEST WAS JULY JULY 20TH.

20TH.

I UNDERSTAND THAT.

WHAT YOU, TO STATE IT, YOU'LL HAVE TO STATE THAT ON THE RECORD.

THE SAME THING.

YOU'LL HAVE TO DO THAT ON THE RECORD.

OKAY.

I THINK WHAT'S THROWING US OFF IS BECAUSE WE'RE SITTING HERE I KNOW.

AS OPPOSED TO SITTING AT A TABLE.

YOU'RE STARTING NEXT, NEXT MONTH WE'RE GONNA GET ME BACK DOWN THERE.

SO NO, WE'LL, WE'LL GET IT STRAIGHT.

GREAT.

ALL.

SO, UH, TRUE ONTO THE THIRD CASE, DRE IREI.

IREI.

OKAY.

I DON'T, THEY THOUGHT IT WAS A MUCH BETTER PRESENTATION THIS TIME.

YES.

AND I, I DIDN'T HAVE A PROBLEM WITH THIS ONE.

ME EITHER.

OKAY.

I DON'T EITHER, NOR I, I MEAN, ONCE IT WAS OUTLINED, THE DIFFICULTY OF THE DRIVEWAY ITSELF, AND IT'S ACTUALLY NOT HIS PROPERTY WHERE THEY ACTUALLY PROBABLY BACKED OUT INTO YEAH.

BECAUSE THE WAY IT LOOKED, YOU COULDN'T TELL.

YEAH.

AND HOW MANY PEOPLE, HOW MANY PEOPLE IT ACTUALLY SERVES RIGHT IN THAT ONE LITTLE CUL-DE-SAC.

YEAH.

I JUST WANNA POINT OUT THAT YOU HAVE A SIMILAR REQUEST COMING UP MM-HMM.

, COUPLE CASES.

YES.

YEAH.

WITH THE OTHER DRIVEWAY.

SO YOU'RE GOING, I DON'T KNOW WHAT YOU'RE GONNA DO WITH THE OTHER CASE, BUT YOU'RE GOING GO DIRECTIONS YOU HAVE, CORRECT? YES.

CORRECT.

OUTLINE THAT.

YES.

WELL, THIS ONE GOES OUT ONTO A VERY BUSY ROAD AS WELL.

DRIVEWAY GOES OUT ONTO, UH, EXCUSE LEY ROAD.

OKAY.

DID, DID A BOARD MEMBER WANT TO TAKE THE LEAD ON THAT? I'M SORRY? DID A BOARD MEMBER WANNA TAKE A LEAD ON THIS ONE? OH,

[02:35:01]

I DUNNO.

I DUNNO.

WELL, WILLIAM JUST GOT UP.

YEAH, HE DID.

SO I, WE'LL JUST DO THE MOTIONS, RIGHT.

WE'LL JUST PASS IT OVER THERE.

OKAY.

YES.

THERE YOU GO.

YOU GONNA DO IT? ALRIGHT, THIS WOULD BE MINE FOR THE NIGHT.

WATCH IT.

IT'S NICE.

ALRIGHT.

UNITED REFRIGERATION, THE FOURTH CASE.

IS IT TOTALLY DONE OR DO, UH, THE FRONT END.

OKAY, THAT'S FINE.

WHAT YOU WOULD READ.

YEAH, THAT'S FINE.

WHICH ONE WAS NEXT? UH, UNITED REFRIGERATION.

THE, THE REQUEST TO GO TO THREE STORIES FOR THE, UH, WAREHOUSE BUILDING.

OH, WE NEED MORE INFO ON THAT.

YEAH, WE DO.

YES.

SO WE TOOK SOME NOTES DURING THE DELIBERATION.

UM, LET'S SEE HERE.

YEAH, I, RIGHT.

I'D LIKE TO UNDERSTAND WHAT KIND OF GREENERY ENTRIES OR THE HEIGHT OF THEM IS GOING TO BLOCK 73 FEET.

KIRA, WOULD YOU MIND JUST GIVING A SUMMARY OF SOME OF THOSE THINGS AND I CAN ALSO HELP? OKAY.

UH, THE NUMBER OF UNITS, UM, STORED IN THE FACILITY.

YOU ALMOST GOT A CASE.

MAY YOU TALK A LITTLE LOUDER? SAFETY SURE.

MICROPHONES? SURE.

THE NUMBER OF UNITS STORED IN THE FACILITY.

MARKUP SHOWING FOLIAGE PLANNED FOR THE NEIGHBORS AND AN ELEVATION OF THE SITE LINES FROM THOSE NEIGHBORING AREAS PREDOMINANTLY.

BUT WE'LL ALSO ASK FOR OTHER AREAS, UH, WHERE THERE'S RESIDENTIAL.

RIGHT.

GOOD.

GOOD.

AND I GUESS I WAS CURIOUS AS TO, UM, HOW MUCH SPACE IS DEVOTED TO OTHER USES NOW THAT ON THE FIRST FLOOR, I I IT, IT, WE KEPT GETTING DIFFERENT ANSWERS.

WELL, I THINK HE SAID THREE QUARTER QUARTERS OF IT.

THREE WAS STORAGE.

WELL, NO, BUT IT, BUT IT WAS A, IT EATING SPACE.

IT WAS OFFICES, IT WAS THE STORE.

AND MOST OF THOSE WERE LEAVING.

NO.

AND THE STORE, ONLY THE STORE IS LEAVING.

ONLY THE STORE MOVING THE OFFICE.

NO, THEY SAID THE OFFICES TOO.

I THOUGHT.

NO, WE CLARIFIED THAT.

I WAS CONFUSED ALSO.

AND THEN I ASKED, AND IT'S JUST THE STOREFRONT, THE TRAINING, THE OFFICES, THE CONFERENCE ROOMS ARE ALL STAYING.

OH, OKAY.

I, I DON'T KNOW IF THE QUESTION WAS ASKED IN MY ABSENCE, ARE THEY ABLE TO BUILD TWO STORIES THERE? ABSOLUTELY.

THAT'S THE, THAT'S THE CRITICAL QUESTION.

SO, UM, WE WILL HAVE THEM CLARIFY THAT.

UM, OKAY.

YOU KNOW, COULD, COULD THEIR BUSINESS FUNCTION WITH A SECOND STORY? CORRECT.

A REDUCED VARIANCE? UM, THEY'D STILL NEED A VARIANCE THOUGH.

THEY WOULD STILL NEED A VARIANCE.

BUT IF THEY WANT TO REMOVE THE PARKING SPACES, NO, NO, NO.

IF, YOU KNOW, WOULD THEY BUILD THE PROJECT IF IT WENT TO TWO STORIES, I THINK IS KIND OF THE WAY TO POSE IT.

YES.

OKAY.

UM, I ALSO THOUGHT, YOU KNOW, HAVE, HAVE YOU LOOKED AT OTHER SPACE IN THE AREA? RIGHT.

THAT MAY BE, UM, YOU KNOW, SO MAYBE YOU COULD GO TO TWO STORIES HERE AND THEN, YOU KNOW, STORE, STORE SOMEPLACE ELSE.

EXACTLY.

SO WE CAN KIND OF ASK BOTH, BOTH THOSE QUESTIONS.

OKAY.

ANYTHING ELSE, KARA, YOU THOUGHT THAT, UH, STOOD OUT? BECAUSE RIGHT NOW THE HOMES HAVE BEAUTIFUL VIEWS OF THE MOUNTAINSIDE, RIGHT.

OF THE HILLSIDE.

THEY REALLY DO HAVE PRETTY VIEWS THAT ARE JUST GOING, THEY COULD GO INTO BED, BATH AND BEYOND, RIGHT.

BEHIND THAT .

YEAH.

I MEAN, WHAT WAS SPEND BATH AND BEYOND COULD GO IN.

THERE'S, WOULDN'T BOTHER, WOULDN'T BOTHER ANYBODY.

WELL, MAYBE THE PEOPLE, I BET VOLVO, OH NO WOOD HERE WAS LAST THE THING ABOUT SOME SORT OF A SITE.

WHAT, REPEAT THAT.

OH, SEE WHAT I FOUND ON MY WALL TODAY.

ELEVATION OF SIGHT LINES FROM RIGHT.

UH, THE NEIGHBORING AREAS.

IS THAT THE SAME? THEY STILL ONLINE OR ARE THEY THEY'RE ONLINE ULTIMATELY, YEAH.

BUT THEY DON'T REALLY HAVE ANYTHING.

NO.

THEY MAY USE THAT METHODOLOGY TO SHAME, REFLECT AN ACCURATE, UH, REPRESENTATION.

I COULD DO A BOND WANTS TO REQUEST THAT NOW, RIGHT? SORRY, WHAT'D YOU SAY? A BALLOON TEST.

HE THE BALLOON TEST .

SORRY, DON'T REPEAT THE, SO FOR INSTANCE YEAH, A BALLOON TEST THE APPLICANT ON A SATURDAY, AS AN EXAMPLE, COULD, UH, FLOAT A BALLOON TO THE HEIGHT OF 73 FEET AND TAKE PICTURES OF IT FROM SURROUNDING AREAS.

AND THEN BOARD MEMBERS COULD ALSO COME AND SEE WHAT THAT WOULD LOOK LIKE.

THE GOLF COURSE SIMILAR TO WHAT WAS DONE AT, UH, SCARSDALE GOLF CLUB.

EXACTLY.

I MEAN, I, THE WIND TOOK THE BALLOONS.

I DON'T KNOW WHAT'S INVOLVED IN DOING THAT, BUT LIKE, I DON'T KNOW.

YEAH, I GUESS WE SHOULD DO IT.

YOU COULD POSE THE QUESTION.

UM, OKAY.

OKAY.

[02:40:01]

ALL RIGHT.

WE'LL ALSO CIRCULATE THE, UH, COMMENTS THAT WERE DISTRIBUTED TONIGHT.

THEY'LL BE PICKED UP ON THE TRANSCRIPT.

OF COURSE.

OKAY.

NEXT IS, UH, THE ROBOTICS ON CASTLE WALK THE DRIVEWAY.

I MEAN, IF YOU ALL DON'T CARE ABOUT THE DRIVEWAY, I'M, I'M NOT GONNA GO TO THE MATTRESS ON IT, BUT I, I, UH, I THOUGHT IT WAS, I I, I AGREE WITH YOU THAT I, I, I DON'T THINK THAT'S NECESSARY.

UM, AND I DO APPRECIATE THE FINGER MOTION, BUT CLEARLY, AND AGAIN, IF WE WERE GONNA DISTINGUISH THIS FROM THE OTHER CASE, THE ACTUAL TURNOUT AREA, IF IT WAS NOT GRANTED IN THE OTHER ONE, THEN THAT INDIVIDUAL, THEORETICALLY, IF THERE WAS A PROPERTY DISPUTE AND THE NEIGHBOR AT, I THINK IT WAS 4 36 OR 4 56, WHATEVER IT MAY BE, SAID, LOOK, I DON'T WANT YOU ON MY PROPERTY.

THEN THEORETICALLY THEY WOULD HAVE TO BACK DOWN THAT ENTIRE LENGTH OF THAT DRIVEWAY THEORETICALLY.

AND IT'S A SHARED DRIVEWAY AND IT'S A SHARED DRIVEWAY.

SO THEY WOULD HAVE TO BACK ALL THE WAY DOWN.

AND THIS CASE AND HOPE NOBODY WAS COMING THE OTHER WAY.

RIGHT.

AND IN THIS CASE, I THINK IT'S ORNAMENTAL TO HAVE A FOUNTAIN.

THAT'S WHAT, THAT'S WHAT I WOULD PLACE THERE.

IT WAS MM-HMM.

TO THEN KIND OF MM-HMM.

ATTEMPT TO CIRCLE AROUND OR THIS OUT.

AND IN THIS WAY, UM, I WOULD ALMOST ACCEPT THE KIND OF CUT OUT, BROKEN U-TURN LITTLE THING.

BUT I THINK THAT WAS MORE ORNAMENTAL.

UM, AND I COULD, AS YOU SAID EARLIER, FOREGO OR SEE THE ENCLOSURE OF THE PATIO.

I DON'T THINK THAT WOULD BOTHER ANYONE IN THAT COMMUNITY.

UM, THE DRIVEWAY IS WHAT I HAD EXCEPTION TO GOING TO A 1% AS FAR AS, WELL THAT'S NOT GONNA CHANGE THE ONE BECAUSE THAT'S BUT IS THAT WHERE THE ONE IS? BECAUSE I DID LOOK AT IT AGAIN.

YEAH.

AND IT IS KIND OF AN SO I'M, I THOUGHT IT WAS TO THE BACK.

I, I'M, I'M OKAY WITH PART OF THESE VARIANCES, RIGHT.

LIKE THE PREVIOUS SURFACE.

I AGREE WITH YOU, BUT LIKE, WHERE IT'S LOCATED ON THE PROPERTY AND THAT IT'S ONLY ONE FOOT FROM THE SIDE PROPERTY LINE.

IT'S, THEY, I DON'T KNOW WHERE ELSE YOU WOULD PUT IT.

IT'S EXISTING.

YEAH.

AND IT'S EXISTING.

SO I WOULD TOTALLY GIVE THAT VARIANCE.

EVEN IF THEY DIDN'T, IF WE DIDN'T GIVE THEM THAT BIG GIANT DRIVEWAY.

YEAH.

WE'D STILL HAVE TO GIVE THEM THE ONE YEAH, YEAH, YEAH.

ONE.

YEAH.

OKAY.

I JUST CLAR, I JUST WANNA MAKE SURE.

YEAH, YEAH.

THE UM, THE FIRST PRESENTATION DIDN'T EXPLAIN THAT THAT PARKING AREA WAS THE NEIGHBORS NOT THEIRS.

CORRECT.

RIGHT.

BUT I MEAN, WE COULD ASK THEM IF THEY WANNA SCALE IT BACK.

YEAH.

YEAH.

WE ALWAYS DO THE DRIVEWAY.

YEAH.

IF THEY WANNA COME WITH ANOTHER PROPOSAL, I THINK THAT'S FINE.

I, I THINK THAT THE WAY THEY, THEY DID THE CIRCLE WAS JUST FOR AESTHETICS.

ARE YOU STILL TALKING ABOUT ADREY? NO, UH, ROBOTIC.

WE'RE, WE'RE DONE WITH ADREY.

AND THEN, OKAY.

I WOULD ALSO WANT TO HEAR FROM, I, WE DIDN'T HAVE ANY NEIGHBORS ON THIS ONE EITHER, DID WE? I DON'T BELIEVE SO BECAUSE THERE'S A NEIGHBOR THAT'S PRETTY IMPACTED.

I WOULD ASK THEM TO GO AND MM-HMM.

TALK TO THEIR NEIGHBORS.

OKAY.

THEY TAKE THE FOUNTAIN OUT.

THE DRIVEWAY COULD BE REDUCED.

YEAH.

WELL, I MEAN THIS IS THE DRIVEWAY.

YEAH.

SO LIKE, I GET IT, IT'S LIKE MAYBE A LITTLE TIGHT TO TURN, BUT LIKE, I WOULD RATHER THEY A SECOND.

PLEASE PUT SOME MORE YEAR OR SOMETHING.

RIGHT.

I THINK PUTTING THIS CIRCLE, WHATEVER THAT'S GONNA BE, CREATES MORE.

CREATES MORE.

YEAH.

MORE HAVING THAN NOT IF THE NEED IS TO, IF THE NEED IS TO INCREASE OR DECREASE THE, THE AMOUNT OF TURNS THAT HAVE TO BE MADE OVER HERE, THEY COULD PUT MORE THE FRONT DOOR HERE.

FRONT.

YEAH.

THE FRONT DOOR'S UP THROUGH THE LAWN.

DO YOU NEED A STILL DRIVE INTO THE GARAGE? WELL WAS IT WAS ONLY HELPING ONE PART OF THE GARAGE DO THE TURN, THE OTHER ONE WAS, DIDN'T LOOK LIKE IT WAS REALLY GONNA HELP.

UM, I DON'T KNOW.

I THINK IT WOULD HELP.

I THINK THERE'S A WAY THEY COULD SCALE, SCALE IT BACK AND GIVE IT A LITTLE MORE ROOM WITHOUT PUTTING THE FOUNTAIN IN THE MIDDLE.

I DUNNO ABOUT LIKE, THIS WAY THEY TOOK THE FOUNTAIN OUT.

YEAH.

IT WOULD BE LIKE THAT.

AND THEN I, I ALSO WOULD ASK THAT THEY, BECAUSE THIS,

[02:45:01]

THEY HAVE DIRECT VISUAL, I THINK THEY SHOULD TALK TO THEIR NEIGHBORS.

AND THEN IF YOU LOOK AT THE PHOTOGRAPHS THAT WERE SUBMITTED, THE DRIVEWAY ITSELF HAS BEEN WIDENED.

MM-HMM.

.

BUT THEY SAID IT WAS DONE THAT WAY BEFORE.

I MEAN, AND I'M, I'M OKAY WITH THAT.

SO WHETHER THAT'D BE YOU, RIGHT.

A PREVIOUS OWNER VERSUS MM-HMM.

YOU.

YEAH.

RIGHT.

SEE AT FIRST I THOUGHT IT WAS KIND OF SHARED WITH THAT DRIVEWAY.

I THINK THE ONE OKAY, SO SORRY, JUST TO TRACK THIS ONE.

UM, IS THE THOUGHT THAT YOU WANT TO ASK THEM IF THEY COULD SCALE, UM, I GUESS IN TERMS OF VARIANCE, REDUCE, REDUCE THE VARI, REDUCE THAT IMPERVIOUS VARIANCE, WHAT THAT LOOKS LIKE? YES.

WELL, ANYTHING THEY WANT TO REDUCE IT WOULD BE IMPERVIOUS SURFACE IN THE WIDTH, I GUESS, OF THE DRIVEWAY.

WHATEVER THEY'RE ASKING FOR, WHICH IS ONE OF THE, I MEAN, IF THEY REDUCE THE WIDTH, IT'LL DO, IT'LL, YEAH.

YES.

OKAY.

I, I'M OKAY WITH THE FLOOR AREA.

DEFINITELY ARE, YES.

OKAY.

AND I'M OKAY WITH THE PATIO IN THE BACK THAT'S PART OF THE COVERAGE OR IMPERVIOUS SURFACE? I THINK SO.

AND THE SCREEN AND PORCH.

AND IN TERMS OF ED'S NOTE THERE, UM, WITH REGARDS TO THE EXISTING DRIVEWAY, WE'LL HAVE THAT DIMENSION CONFIRMED BECAUSE, UM, IF YOU'RE NOT ULTIMATELY IN FAVOR OF THE PROPOSED DRIVEWAY, THERE, THERE WAS MENTION THAT THERE NEEDS TO BE A LEGALIZATION.

SO WE'LL MAKE SURE THAT WITH THAT DIMENSION IT MAY MATCH WHAT'S PROPOSED.

BUT WE, WE'LL GET THAT CLARIFIED AND I THINK, WE'LL, WE MAY HAVE TO RE-NOTICE ON THAT PERHAPS.

OKAY.

ANYTHING ELSE ON THAT ONE? I DON'T THINK SO.

OKAY.

AND NEXT IS RAY MOORE AND FLANIGAN.

FINE.

THIS ONE, I, I'M NOT, ARE YOU TAKING BUSINESS AWAY FROM WHITE PLAINS GREENBURG ONE WHITE PLAIN ZERO.

, YOU'RE NOT FINE.

ARE WE TAKING BUSINESS AWAY FROM WHITE PLAINS? I SAID GREENBURG ONE WHITE PLAIN ZERO THAT BEFORE.

NO, I WAS GONNA SAY THEY JUST KIND OF SWITCHED STICK STICKLEY ONE TO WHITE PLAINS.

WHITE PLAINS IS OH, WHERE IT DID IT GONNA BE IN WHITE PLAINS SOMEWHERE? I DON'T KNOW WHERE.

OH.

OH, I DIDN'T KNOW.

WHITE PLAINS IS JUST GOING TO BUILD RESIDENCES.

YEAH.

LUXURY RESIDENCES.

I WONDER WHAT THEY'LL PUT, WHAT'S GONNA GO INTO RAYMORE.

DO YOU KNOW? I CAN SEE THEM LIKE EVERY BIG BUILDING THEY BUILD I SEE.

FROM MY HOUSE.

I DON'T HAVE A PROBLEM WITH THIS ONE.

I SEE THE FIREWORKS TOO, WHICH IS OH, THAT'S SO NICE BECAUSE I'M UP HIGH AND THEY'RE LOW BLUE BUILDING WITH THE MIRROR.

THANK YOU.

THAT'S RIGHT.

I MEAN, I HAVE NO PROBLEM WITH THE RAIN MOORE.

OKAY.

BUT THEY'LL, THEY'LL BE BACK.

WE DON'T HAVE ALL THOSE.

YEAH, THEY WILL, WE DON'T HAVE ALL THE NUMBERS THAT WE NEED TO JUSTIFY THIS.

OH, I CAN DO, I WROTE, I CAN DO GIVE WHO'S DOING IT? I CAN DO IT.

I WROTE IT DOWN.

IT'S, UH, THAT'S 67 PER THAT REPORT.

PERFECT.

YEAH, I GOT, I WROTE DOWN THE ITT E STUFF.

OKAY.

YOU WROTE DOWN THE STUFF ABOUT THAT BE, THAT'LL BE FOR THE FINANCE.

SO THEY SAID 52.

YEAH.

EVEN IF THEY WERE, EVEN IF THEIR BUSINESS WOULD DOUBLE THE MOST THEY WOULD EVER NEED AT ONE TIME WITH EMPLOYEES.

OKAY.

I I I GOT THAT ONE.

OKAY.

I CAN DO.

OKAY.

I GOT THE IT PAGE AND NOW WE GO TO 40 MILL REALTY.

WE HAVE THE IT IN YOUR ZONING BOARD RECORD.

YES.

I, WE ASKED WHAT NO MEAN THE ACTUAL, I ASKED THE QUESTION WHAT THE I T E NO, BUT THE ACTUAL REPORT RATIO.

ASK YOU DO WE HAVE THE ACTUAL IP REPORT? THE ACTUAL REPORT THEY REFER TO? THAT WAS FOR RAYMORE FLANAGAN.

IS THERE ANYTHING IN THE RECORD TO SUPPORT THEIR STATEMENT ABOUT WHAT? DID THEY SUBMIT THEIR PARKING STUDY? WE HAVE .

I DON'T BELIEVE SO, BUT I MEAN SHE WROTE IT.

YEAH, SHE WROTE IT THAT BEFORE , BECAUSE THEY'RE ON, THIS IS ON ORDER OF SO MANY LEVELS, LESS THAN, YOU KNOW, WHAT'S NEEDED.

UM, I, WE CAN GET IT.

I CAN SEEK IT OUT JUST FOR THE BOARD, UM, FOR FUTURE REFERENCE.

BUT I MEAN, IF THEY QUADRUPLED THEIR BUSINESS OVER WHAT I T E SAYS THEY WOULD STILL HAVE, UM, AMPLE PARKING.

I JUST DON'T WANNA HAND YOU THE BOARD OUT TO DRAW SO WE COULD USE THE NUMBERS THEY

[02:50:01]

GAVE US IF THEY TRIPLED THEIR BUSINESS INSTEAD.

SO YOU'RE SAYING YOU'RE TAKING IT ON DATE? I MEAN, I, I THINK WE DON'T HAVE TO, I'M BEING GUIDED BY YOU.

COULD WE HOLD FOR DECISION PENDING THAT REPORT? THE ONLY THING I WOULD SAY IS WE HAVE NUMEROUS FURNITURE STORES IN THE TOWN AND I'VE NEVER SEEN ANYTHING INCONSISTENT WITH WHAT THEY'VE STATED.

AND I'VE BEEN TO NUMEROUS FURNITURE STORES AND YOU KNOW, SAY THE SAME.

I'VE GONE TO STICKLEY DURING LIKE CLEARANCE SALES AND I'VE NEVER HAD TO PARK DOWN BELOW.

UNDERNEATH.

I'VE , I DIDN'T EVEN KNOW THEY HAD IT UNDER THERE.

STICK.

YEAH, I DIDN'T KNOW EITHER.

I'VE BEEN TO, I'VE BEEN TO, BECAUSE I WAS HERE WHEN I'VE BEEN TO RAIN IN WHITE PLAINS JUST A LOT.

VERY, VERY EASY TO GET UP.

IT'S FINE.

EVEN GO TO ETHAN ALLEN OR ANY OF THOSE, BUT NEVER MORE THAN FIVE OR SIX CARS OUT THERE.

BUT I THINK WHAT ED IS SAYING AS A IS WHY PROBABLY STICK BECAUSE OF ALL THOSE LUXURY BUILDINGS.

THAT'S RIGHT.

ALL THAT FURNITURE.

BUT I THINK TO ED'S POINT, I MEAN IF WE'RE GOING TO CITE THAT REPORT, WE SHOULD HAVE IT.

I DON'T THINK WE NEED IT.

I DON'T THINK WE NEED TO SET THE REPORT.

SO YOU HAVE IT, IT'S LIKE A, A NATIONAL OKAY.

REPORT.

MAYBE WE CAN GO, CAN YOU GET IT ONLINE? WHAT'S IT CALLED? YOU CAN GO TO THE IT WEBSITE PROBABLY AND GET IT.

YOU HAVE TO BUY IT.

OH, YOU GOTTA BUY IT.

IT'S LIKE 400.

BUT YOU MUST HAVE IT HERE IN THE TOWN.

YEAH, WE HAVE, WE HAVE A, OKAY.

ALRIGHT.

OKAY, SO WE'LL, AND CAN WE INCORPORATE IT IN THE RECORD? .

OKAY.

ALL RIGHT.

GOT IT.

OKAY.

UM, .

YES.

GOT IT.

SO BACK TO 40 MIL REALTY.

THAT WAS VERY COMPLICATED.

YES.

.

MM.

BUT OBVIOUSLY IT IS GIVEN THIS JUST THE NOTICE ITSELF.

BUT IF YOU JUST DIDN'T GO TO THE PROPERTY, YOU CAN UNDERSTAND WHAT THEY'RE DOING.

NO, I WAS THERE.

I WAS THERE WHEN THEY DID IT BEFORE AND I UNDERSTOOD IT.

BUT , THEY JUST, THEY JUST ELONGATED.

ELONGATED IT.

YEAH.

WHICH ONE ON THERE? THE ONE THE, THE, THE BIG ONE.

THE BIG ONE.

STONE ONE 40 MIL 40 MIL 40 MIL 23 DASH ZERO EIGHT.

IT'S NOW 40 MIL AND TENS SAW MILL.

SO I GUESS MAYBE THEY SPLIT UP THE CORPORATIONS.

OKAY.

OKAY.

I THINK IT STILL SAYS SAWMILL STONE AND MASON RESUPPLY.

HMM.

WE DON'T HAVE ANYTHING TO SAY BECAUSE WE DON'T KNOW WHAT TO SAY.

I DON'T KNOW WHAT TO SAY.

NEED MORE CLARIFICATION.

THE ISSUE ON THIS, I DON'T HAVE ANY PROBLEM WITH IT WAS PERSONAL PARKING.

IT JUST DOESN'T SEEM LIKE THE PARKING, WELL I WILL SAY THIS SPACES OR THAT THEY'RE GONNA BE BIG ENOUGH.

HOW ARE THEY GONNA KEEP THE TRUCKS? I CAN'T HEAR WHO'S EVER TALKING.

OH, SORRY.

I, I, I JUST, I THAT IS, THAT'S KIND OF, MAYBE WE HAVE TO REQUIRE THAT THEY STRIPE THE PARKING.

BECAUSE I SEEM TO RECALL LAST TIME WE GAVE THEM THESE VARIANCES, THEY WERE GONNA STRIPE THE PARKING AND THEY SAID, OH, WE'RE GONNA STRIPE THE PARKING.

AND THEN HE JUST SAID IT'S A HODGEPODGE AND THERE'S NO, NO STRIPING NO STRIPING ANYWHERE.

SO I LEFT THE TIRE WORE OUT.

YEAH.

I MEAN, PEOPLE JUST KIND OF PARK WHERE THEY PARK AND THERE'S LIKE, YOU LIKE CAN'T GET IN AND OUTTA YOUR CAR AND IT'S, IT'S A HODGEPODGE AND PEOPLE ARE, YOU KNOW, WALKING AND STANDING AROUND AND LOOKING AT STONE AS CARS ARE BACKING AROUND.

RIGHT.

SO I THINK LIKE HAVING DESIGNATION WHERE PE WHERE PEOPLE ARE SUPPOSED TO PARK AND HOW BIG THE VEHICLES ARE IS KIND OF CRITICAL FOR SAFETY.

AND MAYBE OURS, SINCE THEY'RE NOW MAKING A ONE WAY IN, IT USED TO BE YOU GOT IN AND OUT THE SAME WAY AND NOW THEY'RE MAKING KIND OF A CIRCUIT.

NO, I THOUGHT IT WAS IN, I THOUGHT THEY HAD TWO ENTRANCE.

NO, THERE'S THREE ENTRANCE.

ONE IS ONE WAY, TWO OR BOTH WAYS RIGHT NOW IT'S FOUR OR FIVE.

IT'S GONNA BE THREE.

OH, I THOUGHT, OKAY.

YEAH, THREE.

I THOUGHT IT'S TWO ENTRANCES.

ONE EXIT, THERE'S GONNA BE THREE.

NO, THERE'S GONNA BE THREE.

ONE IS JUST IN OF THE, ON THE NORTH AND THE MIDDLE ONE IS GONNA BE IN AND OUT.

AND THEN THE OTHER ONE IS IN AND OUT ALSO.

RIGHT? YEAH.

YEAH.

ON THE SOUTH SIDE.

OH.

OTHERWISE I HAVE NO PROBLEM WITH IT.

YEAH.

RIGHT.

WHICH PROBABLY MAKES SENSE BECAUSE YOU

[02:55:01]

DON'T WANT PEOPLE HAVING TO DRIVE THROUGH THE WHOLE THING, RIGHT.

TO GO IN AND OUT.

YES.

MAKING IT ONE WAY.

I I I MEAN I HAVE TO TRUST THE EXPERTS ON THAT ONE.

THAT DOES SHE TRUST YOU BECAUSE YOU WROTE .

I WROTE YOU WROTE IT.

UM, I I JUST THINK, OH, SHE WROTE THIS ONE UP TO ALREADY.

NO, I JUST THINK THAT, UM, HAVING SO FEW SPACES AND UH, JUST I FEEL I JUST, I HAVE A PROBLEM WITH THAT.

IT'S LESS THAN HALF OF WHAT THEY RE THAT ARE REQUIRED.

I THINK WE NEED TO PUT SOMETHING AROUND THOSE NUMBER OF SPACES.

SOME KIND OF, BUT I THINK ISN'T, ISN'T IT ALL? I MEAN I CAN SEE THE STRIPING AND THE ARROWS FOR, TO DIRECT TRAFFIC, BUT I DON'T KNOW THAT THEY NEED SO MANY SPACES.

IT'S KIND OF LIKE THE FURNITURE STORE.

THEY DON'T GET SUCH A HUGE VOLUME AT ANY ONE TIME.

THEY DO.

I MEAN, WHEN I'VE BEEN THERE, EVERY SPACE HAS BEEN, I'VE BEEN THERE SEVERAL TIMES AND EVERY SPACE WAS FILLED.

PEOPLE WERE WAITING.

I MEAN, I DON'T KNOW IF IT WAS BECAUSE IT'S IN THE MORNING AND THAT'S WHEN PEOPLE GO UM, YOU KNOW, BUT WE COULD ASK THEM ABOUT THAT.

WE COULD ASK THEM ABOUT THEIR TRAFFIC.

BUT WHAT CAN, BECAUSE WHENEVER I'VE BEEN THERE, IT'S BEEN MOSTLY EMPTY.

SO I I SO I DIDN'T KNOW IT EVER GOT CROWDED.

YEAH.

WELL IT MIGHT BE BECAUSE I'VE GONE IN THE MORNING WHEN THEY'RE PICKING UP STUFF TOO.

SO YOU HAVE PEOPLE LOOKING AND PICKING UP, THEY DID A FULL TRAFFIC ANALYSIS.

DIDN'T THEY HEAR IT? NO, THEY DID.

I I, I WOULD BE COMFORTABLE WITH THIS.

IF THEY PUT IN THE LINES AND THEY DESIGNATE WHAT'S, IF THAT, IF THEY'RE PUTTING THOSE SPACES UP FRONT AND THEY'RE FOR NORMAL SIZED VEHICLES, THEN THEY SHOULD BE FOR NORMAL SIZED VEHICLES AND THEN TRUCKS NEED TO GO SOMEWHERE ELSE INTO THEIR PICKUP AREA.

DID THEY DO THEIR THEY HAVE TO DO A SITE PLAN.

YEAH.

DO YOU WANNA ASK THEM TO GET PARKING COUNTS? YEAH.

I'M NOT SURE WHAT'S .

AND THAT VEHICLE COUNTS STRIPING THE PARKING AT THIS TIME.

UNLESS, UM, THEY'RE SEEKING A, A MODIFIED PARKING LAYOUT THAT'S NOT APPROVED BY SITE PLAN JUST YET BECAUSE THEY NEED THE VARIANCES IN SITE PLAN APPROVAL.

RIGHT.

UM, DIDN'T THEY SAY SOMETHING ABOUT D O T? BUT WE COULD, WE COULD.

WELL IT'S A STATE ROAD.

YEAH.

NINE, EIGHT.

WE COULD ASK THEM, UM, YOU KNOW, COULD YOU STRIPE IT NOW FOR THE PLAN, UM, IF IT MATCHES WHAT'S PREVIOUSLY APPROVED AND THEN, YOU KNOW, SEND THE PICTURES AND YOU KNOW, OR A BOARD MEMBER CAN MAKE A SITE VISIT AFTER THAT WAS NOT, OR OR EVEN IF THEY JUST TAKE PICTURES AND PUT IN WHERE THE LINES ARE SO THEY DON'T HAVE TO PHYSICALLY, YOU KNOW WHAT I MEAN? AND THEN WE SAY BASED ON THAT PLAN, UNDERSTAND THAT.

BUT I THINK THEY'RE SAYING IF THEY MOVE THAT MATERIAL TO, THEY WON'T NEED A SCREENING.

OKAY.

YOU KNOW, IF THE BOARD WANTS MORE INFORMATION ON THE PARKING LAYOUT, YOU KNOW, WE CAN CERTAINLY SEEK THAT OUT.

HUH.

I DON'T KNOW IF I NEED MORE INFORMATION.

I JUST, I DON'T KNOW.

INSURANCE THAT THEY'RE AN ACTION STRIKE.

HIT THE LAST WHERE WELL, I MEAN, WELL THEY WON'T GET A STACKED UP, I THOUGHT CO FOR, FOR THE WHOLE SITE UNTIL THEY DO SUCH.

'CAUSE THEY DIDN'T STRIKE IT.

IT'S NOT, WE HAD THIS WHATEVER A COUPLE YEARS AGO WHEN THEY WERE SUPPOSED TO STRIPE PARK IN THOUGHT LET DO SOMETHING.

YEAH.

SO WE COULD POSE A QUESTION.

WHY, WHY THE SITE IS NOT PRESENTLY STRIPED.

YOU KNOW, HAVE, I DON'T KNOW.

I DON'T WANNA HOLD IT UP HONESTLY FOR THAT BECAUSE IT'S NOT, IT'S UP TO THE BOARD.

OH, I'M CONCERNED ABOUT THE SCREENING.

THE SCREENING.

WERE THEY SUPPOSED TO HAVE PUT SCREENING UP PRIOR IN THE LAST REQUEST? I THINK THAT WAS BECAUSE THEY WERE STORING THE STUFF SO THEY'RE NOT STORING IT ANYWAY, THAT WAS A COMBINATION OF IT.

HE SAID THAT 'CAUSE IT, YEAH, IF I REMEMBER THEY HAD PARTIAL FENCE UP AND LITTLE, THOSE SLATS STICKING IN THERE THAT LOOKED HORRIBLE AND YEAH.

TRYING TO MAKE IT LOOK BETTER.

THEY WERE GONNA DO SOMETHING.

WELL THEY DID SEND US PICTURES.

GUY'S GONNA LOOK AT THE PICTURES.

THEY DON'T HAVE, THEY DON'T SHOW ANYTHING.

YEAH.

AND THE WAY HE MAKES IT SOUND, I HAVE TO GO BACK THERE AND LOOK AGAIN.

IT WASN'T NO, I THOUGHT IT WAS, I THINK IT MIGHT'VE BEEN JUST KEEPING IT AT A CERTAIN HEIGHT.

AND I KNOW DEFINITIVELY WHAT THE IRRIGATION PLACE THAT'S UP THE BLOCK FROM THERE.

WE DID MANDATE SCREENING.

WELL THAT'S IS SATISFACTION OF THE

[03:00:02]

PLANNING BOARD OR DEPARTMENT OR FIELD OR WHATEVER.

WELL, WHETHER IT'S, WHETHER IT'S SOMETHING, UH, DOESN'T HAVE TO BE NECESSARILY GREENERY.

IT COULD BE, YOU KNOW, A FENCE THAT'S, SO I THINK IN THE PREVIOUS DECISION YOU WENT TO, THEY SELL STONE FOR STONE WALLS.

THEY CAN MAKE BEAUTIFUL STONE WALLS.

I MEAN IN GENERAL POINT, THE POINT WAS MADE IN THE LAST, THE LAST UH, THAT BECAUSE THE PROPERTIES BEHIND ARE SO MUCH HIGHER, IT WOULD BE IMPOSSIBLE TO SCREEN BECAUSE NO SCREENING COULD BE THAT TALL.

RIGHT.

THIS SCREENING THOUGH IS ABOUT, WAS IN THE FRONT.

YEAH.

THEY WERE STORING LIKE PIPES AND STUFF IN THE FRONT AND THEY WERE REQUIRED TO SCREEN IT, BUT THEY FOR WHATEVER REASON COULDN'T.

WELL HE SAID HE'S, AND SO WE'RE GOING VARIANCE IT SAYS REDUCED SCREENING OF STORAGE FROM ZERO.

HE SAID THAT THEY PUT IT SO THAT I THINK THAT'S REDUCING, STORING THINGS.

THAT'S WHAT HE SAID THEY DID.

SO THEY, IT'S NOT THE SAME THINGS.

SCREENING STORAGE.

OH.

SO I THINK THEY'RE MOVING THE STORAGE SO THAT IT NO LONGER THAT VARIANCE.

THEY DIDN'T NEED A VARIANCE TO SCREEN THE STORAGE 'CAUSE THEY'RE NO LONGER STORING THERE.

RIGHT.

REDUCED MINIMUM LANDSCAPE UP IN FRONT FROM 10 TO ZERO.

WHAT? RIGHT.

WHAT'S BEHI? IS THERE A GIANT HILL BEHIND THEM WITH THE PRIVATE HOUSES? YEAH, IT'S A CLIFF.

IT'S REALLY STEEP ONCE YOU LOOK THROUGH THE WHATEVER.

THAT'S WHAT I THOUGHT.

IF YOU GO UP TOP, IT'S REALLY BIG.

A HUGE GRADE CHANGE IF YOU RIGHT.

SO I DON'T THINK, THINK, YOU KNOW, THE FACT THAT THEY'RE RIGHT UP AGAINST THE PROPERTY LINE IS A BIG DEAL.

NO, NO, NO, NO, NO.

IT'S, IT'S REALLY MORE OF HOW IT MAKES THE AREA LOOK WHEN YOU HAVE A BUSINESS OF THIS SORT.

YEAH.

WHAT OUR LAST, UM, APPROVAL, THE APPLICANT'S PROPOSAL REPRESENTS NECESSARY IMPROVEMENTS.

THE PROJECT WILL PROVIDE DEDICATED ONSITE PARKING FOR ITS CUSTOMERS AND IS EXPECTED TO RESULT IN THE IMPROVED CIRCULATION FOR TRACTOR TRAILERS AND OTHER LARGE VEHICLES.

YES.

DID THEY NOT HAVE DEDICATED PARKING BEFORE? NO, WE WRITE THAT THEY WERE GONNA HAVE IT.

THEY ONLY HAD WHAT, FIVE FIVE SPACES? EIGHT.

WELL, THEY'RE ONLY GONNA INCREASING IT BY FOUR I THINK.

ANYWAY.

AND WE CITED THE I T E THIS, SORRY, WE DID THE IT PUBLICATION STATES THAT THE NUMBER OF PARKING SPACES GOD PROVIDED IS SUFFICIENT.

OKAY.

SO WE'RE, WE'RE, WE'RE GOOD.

WE'RE NOT DEVIATING FROM ANYTHING THERE OR SOMETHING .

OH, LET'S MAKE UP OUR MINDS.

I HONESTLY WOULD, DO WE WANT SOMETHING FROM THEM OR DO WE NOT WANT SOMETHING FROM THEM? I, I'M FINE APPROVING IT AS LONG AS WE PUT CONDITIONS THAT THEY CLEARLY MARK OUT THE PARKING FOR THE SIZE OF THE VEHICLE THAT THEY INTEND.

SO THEY PUT ON LIKE, OKAY WITH APPROVING IT FOR THAT.

AND I DON'T LIKE THAT THEY'RE REMOVING THE LANDSCAPE BUFFER FROM 10 FEET TO GENERAL FEET.

I THINK THERE WAS A REASON THOUGH.

LIKE, I THINK THERE'S LITERALLY NO PLACE TO HAVE THAT.

YEAH.

IT, THAT SLOPE GOES STRAIGHT UP OR I THINK IT'S SUPPOSED TO BE IN THE FRONT AND I THINK IT GOES' SUPPOSED TO BE IN THE FRONT.

GOES ALL THE WAY TO LIKE, I THINK SORT OF VAGUELY RECALL.

YEAH.

I'M NOT DEALING WITH THE HILLSIDE.

WHOEVER THEY, THE HILLSIDE HAS ALL TREES ANYWAY.

YEAH.

THE ONE GUY WHO HAD A PROBLEM, THEY, THEY ACCOMMODATED HIM APPARENTLY, RIGHT? YES.

OTHERWISE HE WOULD BE HERE TONIGHT.

EXACTLY.

LAST TIME THERE WERE A BUNCH OF NEIGHBORS THAT CAME OUT.

YEAH, THERE WERE, I DON'T KNOW IF IT WAS THIS ONE, IF THAT WAS THE IRRIGATION THAT'S FURTHER UP THE BLOCK CLOSER TO THE MANOR.

I THOUGHT IT WAS THIS ONE.

IRRIGATION.

IT WAS THIS ONE.

TOTALLY.

THIS ONE.

YEAH.

'CAUSE THIS IS THE ONLY ONE WE HAD THAT'S SO LINEAR AND IT WAS UP AGAINST THE SIDE.

BUT THE IRRIGATION HAD THE PIPE STACKED SO HIGH.

THAT WAS, THIS WASN'T THIS NO, THIS IS A STONE.

NO, THIS IS STONE.

THERE'S AN IRRIGATION COMPANY THAT'S ON THE SAME BLOCK.

I DON'T REMEMBER THAT ONE.

AND THEY HAD THE HUGE THAT'S TO THE NORTH OF THEM I THINK, MA'AM.

YEAH, THEY HAD THE HUGE DRAINAGE TUBES AND THEY WERE STACKED ON TOP OF EACH OTHER.

THEY WERE REALLY HIGH.

I DON'T REMEMBER THAT.

OH, .

I BELIEVE YOU.

OKAY.

THERE'S, WHAT DO OTHER PEOPLE THINK? I MEAN, TO YOUR POINT, THE ONLY THING I, IF I WOULD ASK THEM ANYTHING, THE STRIPING LINES AND ALL THAT TO ME IS IMMATERIAL IS IF YOU WANTED TO HAVE A DEDICATED LOADING AREA.

I WAS JUST GONNA SAY, DO, DO THEY HAVE A LOADING AREA FROM THE GENERAL RESIDENTIAL CUSTOMERS COME IN TO PARK A CAR? JUST WHAT I WAS GONNA ASK THAT.

THAT'S THE ONLY THING I, IF I WOULD ASK THEM ANYTHING.

THAT'S THE ONLY THING I WOULD ASK.

IF THERE'S WAY TO, WHERE IS THE SOUTH SIDE ON THE MAP? THE SOUTH SIDE OF THE MAP.

[03:05:01]

I HAD IT ALL BROKEN UP HERE.

BUT DO THEY HAVE A SITE PLAN IN GARRETT THAT SHOWS LOADING? UM, YEAH.

UM, TWO EIGHT.

BUT I DON'T THINK IT'S, BUT THEY STORE A LOT OF THEIR STUFF OUTSIDE AND THE TRUCKS HAVE TO GO UP TO WHICHEVER.

YEAH.

IN KIND OF AREA THAT STUFF IS STORED.

THERE'S NOT A DEDICATED LOADING DOCK.

IT'S NOT LIKE EVERYTHING'S IN A BUILDING.

YEAH.

AND THEN THEY HAVE TO PARK BEFORE THEY GO TO THAT AREA, WHICH CAUSES SOME CONFUSION WHERE THEY BUY IT AND THEN THEY GET THEIR TRUCK AND THEY DRIVE TO THE DIFFERENT SPOTS TO GET THEIR STUFF.

YEP.

THAT'S TO THE NORTH.

AND THIS IS EXISTING STORAGE BENZ'S, PROBABLY NEIGHBOR.

IT'S, THEY'RE NOT REALLY BINS.

IT'S ALMOST LIKE YOU SEE THOSE COR CORRALS IN A WAY, LIKE THIS STONE WALL HERE WITH THIS FENCE.

THEY CALL THEM BINS.

I BELIEVE SO.

BUT FROM THE STREET LETTER IT SAYS ALL THE SCREENING OF STORAGE IN FRONT IN THE NORTH AND THE SOUTH AND IN THE REAR SCREAMING WITH THE STORAGE.

THEY, THEY SAY THE STORAGE BINS ARE 10 FEET WIDE, 20 FEET DEEP AND SIX FEET HIGH.

WHAT'S THE VARIANCE IS NO LONGER REQUIRED AND THEREFORE THEY'RE ELIMINATED RATIONAL.

HOW DO THEY GET THE PROPERTY PARKING SPACE? BECAUSE THAT'S IN A NEW PROPERTY THAT BOUGHT, BUT I THOUGHT THAT THESE ARE PARKING SPACES.

NO, RIGHT NOW PALLETS ARE PROBABLY THERE.

IF THE OTHER BUSINESSES DOWN BLOCK DENISE THAT THEY DIDN'T HAVE TO DO THE SCREENING BECAUSE THEY WERE, LET'S BRING IT UP ON THE MAP HERE.

SO YOU SAY THAT IN THIS PRESENTATION.

WELL THERE SEEMS TO BE A IN THERE IN THIS, THEY'RE SAYING THEY'RE ELIMINATED, NO LONGER NEEDED.

BUT IN THE DENIAL LETTER BY THE BUILDING INSPECTOR, IT CLEARLY SHOWS UH, STORAGE RE UH, FRONT LANDSCAPING BUFFER, SOUTH LANDSCAPING BUFFER REAR THAT THEY'RE STILL REQUIRING IT FROM 10 TO ZERO.

SO I'M NOT SURE HOW TO RECONCILE THOSE TWO.

SO WE NEED MORE INFORMATION ON YEAH, I'M NOT SURE IF IT'S GONNA RESOLVE THAT RIGHT NOW.

NEED MORE PRIORITY.

SO WE NEED MORE INFORMATION ON THIS ONE.

GUYS.

MORE INFORMATION.

I AGREE ON THE SCREENING.

THERE'S A DISCREPANCY.

IF THEY, IF IF IT'S REQUIRED OR THEY NEED A VARIANCE NOT TO HAVE IT.

WELL THERE'S AN EXISTING STONE RETAINING WALL, WHICH IS RIGHT NEAR WHERE ALL THE LAWN IS.

THEY DON'T HAVE THE SIX FEET THING ON HERE.

WHICH ONE ARE YOU TALKING ABOUT? UM, I'M LOOKING AT, UM, WHAT'S THE NAME OF THIS? IT SAYS, IS IT TWO B OR SOMETHING? I SITE LAYOUT PLAN IT.

IT'S TWO OF EIGHT.

PAGE TWO OF EIGHT.

WHAT I'M GONNA RECOMMEND, UH, IF I COULD RECOMMEND THIS MM-HMM.

, UM, IN A SIMILAR FASHION WITH ADREY WHERE I FEEL LIKE THE FEATURES KIND OF MELD IT TOGETHER A LITTLE BIT.

WHETHER THEY USE COLORATION OR HATCHING OR SOMETHING, HAVE THEM CLEARLY DELINEATE WHERE LOADING ZONES ARE, WHERE STORAGE AREAS ARE.

YES.

AND WHERE LIKE TRAVEL LANES ARE GONNA BE KEPT CLEAR, YOU KNOW, CLEAR.

I THINK WITH THAT CLEAR PLAN I MIGHT PAINT A BETTER PICTURE.

AND UM, AND THEN TO ED'S POINT, WE CAN, YOU KNOW, MAKE SURE THAT THERE'S NO DISCREPANCY BETWEEN UM, POTENTIALLY ELIMINATED VARIANCE AND WHAT WAS WRITTEN UP.

SO MM-HMM.

MAYBE.

I THINK IT, YOU KNOW, IT'S LEGIBILITY OF PLAN TYPE ISSUE.

'CAUSE AS I'M LOOKING AT THE PLANS, THE ONES WITH THE PHOTOS, IT REALLY HAS A SITE PLAN IN THE TOP AND IT'S RATHER SMALL.

AND THEN YOU LOOK AT THE OTHER PLAN, IT'S NOT REALLY CLEAR.

SO I THINK THAT'S A GREAT IDEA.

IT'S OKAY.

SO IF THAT'S ALL RIGHT, WE'LL WE'LL GO AHEAD AND WRITE THAT UP AND SEND THAT OFF TO YOU.

CAN WE ASK THEM TO MARK THE SPACES WITH SOMETHING LIKE, UH, NOT FOR TRUCK PICKUP OR SO THAT THEY ARE CAN PRESERVE CUSTOMER PARKING? WELL, NOT CUSTOMER, BUT YOU KNOW, NOT FOR TRUCK PICKUP.

I GUESS SMALLER VEHICLES.

WE'RE GONNA HAVE THEM VERY CLEARLY DELINEATE MM-HMM.

, YOU KNOW, THE VARIOUS ASPECTS AND WHAT THE FUNCTION OF THOSE AREAS ARE.

YEAH.

OR SMALLER VEHICLES.

SOMETHING I GUESS CAR PARKING.

THIS IS NOT A STREET VIEW, BUT THIS WOULD BE THAT HAD ALL OF THOSE PIPES.

MM-HMM.

.

YEP.

WE, BECAUSE THOSE NEIGHBORS, THEY DO HAVE A HANDICAP.

SOMEBODY WAS ASKING ABOUT A HANDICAP.

THERE IS A HANDICAPPED PARKING DELINEATED NEXT TO THE, UH, ON THE NORTH SIDE NEAR THE EXISTING RETAIL WAREHOUSE

[03:10:01]

BUILDING ON THE SOUTH SIDE OF THAT BUILDING.

SO IT'S EIGHT NUMBER FOUR HC HOUSES.

MM-HMM.

KEEP THAT OPEN.

SO THIS IS, SO THEY BOUGHT MORE THIS WAY, RIGHT? RIGHT.

THEY BOUGHT, THEY BOUGHT ALL THE WAY DOWN.

RIGHT.

BECAUSE THERE'S NOTHING ELSE THERE.

HERE.

OH, OKAY.

THIS IS I ANYTHING ELSE ON THIS ONE OR THIS IS THIS ENTRANCE HERE? NO, NO.

CLOSE THIS ONE.

I'M LOOKING AT THE PLACE.

THAT ONE.

DO YOU GUYS HAVE ANYTHING ELSE THAT WE WANNA NO, NO, I THINK THAT'S IT.

OKAY.

SO WE HAVE ONE MORE? UM, YES.

UM, MAGDY.

MCCORDY MCCORDY HATE IT.

YOU HATE IT.

DID YOU SAY HATE IT? REALLY TERRIBLE.

TERRIBLE.

DESIGN WHO WOULD APPROVE A ROAD THAT NARROW? WE'VE APPROVED ROADS LIKE THAT.

I THOUGHT UP BY, I'M JOKING.

OH, IT'S LIKE REALLY? TOTALLY KIDDING.

HE'S GOT A BIG SMILE ON HIS FACE, HUH? NO, I THINK THE IMPROVEMENT, UM, EVEN WHEN WE APPROVE, AND I'M GLAD THAT THEY DID REMIND US OF THE OTHER PROPERTY THAT'S UP THE ROAD.

I HAD AN ISSUE THEN.

I THINK WE DID HAVE A FIRE STUDY FOR THAT.

YEAH.

AND THEY DID SAY IT WAS OKAY.

BUT NOW IF YOU'RE GOING TO INCREASE THE NUMBER OF HOMES ON THAT ROAD, THEN WIDEN.

IT ONLY MAKES SENSE TO ME IN THE, AND THE VARIANCE IS ACTUALLY INCURRED BECAUSE THE ROAD IS BEING WIDENED.

RIGHT.

I DON'T HAVE A PROBLEM WITH THIS ONE.

DOES ANYBODY HAVE A PROBLEM WITH THIS PROBLEM? NO.

OKAY.

NOPE.

NO.

ALRIGHT, SO WE'RE GOOD.

THAT'S GOOD.

OKAY.

WHICH, WHICH MEMBER WANTS TO TAKE THE LEAD ON THIS ONE? YOU WANT THIS ONE? YOU EVER DID ONE BEFORE? NO.

YEAH.

THANK YOU.

.

, CHRISTIE AND I ALREADY HAVE ONE EACH, SO I'M SHADOWING YOU.

YOU COULD NOT WATCH YOU.

I'M NOT GONNA DO ANYTHING.

WHAT DO WE HAVE TO DO? WE'RE JUST GONNA READ DEMO.

MOTION DENIAL.

WHAT? SO, UM, AH, YOU'RE TEASING.

YOU WHAT WE GOT.

THANK YOU WILLIAM.

SHE GOT ALL, SHE'S GOT ALL, AND YOU'RE GONNA MAKE HER GET UP ON A TABLE AND DANCE, RIGHT? I WANNA SEE THAT.

THERE WE GO.

MM-HMM.

.

OKAY.

OH, SO I'M SORRY.

SO THE BEAUTY OF THE WAY WE'RE DOING IT NOW, NOW WE HAVE, SO FOR GUESS WE'RE NOT REOPENING, BUT ARE WE ALSO VOTING MORE INFORMATION? A COUPLE VOTES, VOTE TO REOPEN AND THEN VOTE ON THE DECISION OR VOTE TO, UM, DENY REOPENING AND THEN A VOTE ON GRANTED MORE INFORMATION, WHICH IS TWOFOLD.

A REQUEST FOR, AND THEN, AND THEN AN ACTUAL DECISION.

YOU DIDN'T DO MANY TONIGHT.

I CAN'T HEAR WHAT THE ANSWER IS.

SORRY.

COME ON.

HUH? LET'S, I'LL JUST VOTE OR NOT AS YOU TELL ME.

OKAY.

WE NEED THE FINDINGS.

YEAH.

ALRIGHT, THEN WE'LL MOVE ON TO THE NEXT CASE AS FAR AS GOES TWO EMOTIONS.

AND WE'RE GONNA JUST READ THE MOTIONS.

YEP.

MOTIONS RECORDING STOPPED.

ALL RIGHT.

THAT'S IT.

EVE, I'M GONNA GET YOU STRAIGHT ON SECRA, AND THEN I THINK WE'LL BE GOOD TO GO.

YES.

OKAY.

GREAT.

TO THE DIAL.

I'M, I'M NOT, NOT MUCH TO THE FINDINGS ARE, YEAH, LOOK.

OKAY.

I'M NOT USED TO THE LATE ONES.

WE HAVEN'T BEEN LATE IN A WHILE.

SHAUNA, ARE WE GONNA SEE YOU NEXT MONTH IN PERSON? I HOPE SO.

I WAS HOPING TO BE THERE TONIGHT, BUT I HAD A, A BAD DAY AS THEY SAY.

[03:15:01]

SORRY.

YEAH, YOU LOOK A LITTLE TIRED.

YEAH, IT'S, IT'S BEEN A HIGH PAYING DAY.

SO I'M, I I, I CANCELED EVERYTHING ON MY SCHEDULE TODAY, SO THAT'S WHY I CAN'T SIT FOR LONG PERIODS, BUT I'M, I'M HOPING I'LL BE THERE.

I MISS YOU GUYS AND I MISS HEARING ALL THE CONVERSATION AND ALL BANTER AND, UM, FOR THIS ONE, UM, ON THE BOTTOM OF MY RIGHT, OR IF YOU WANT, YOU CAN WRITE, UM, THE PLANNING BOARD AS PART OF A COORDINATED REVIEW, RENDERED A NEGATIVE DECLARATION, INCLUDING THE, AND YOU DON'T NEED A MOTION FOR THAT.

IT'S JUST A STATEMENT, THE SECRET PROCESS.

AND THAT'S JUST A STATEMENT.

YOU DON'T NEED TO VOTE ON THAT.

OKAY.

I THINK YOU TYPICALLY VOTE ON REQUIRING NO.

YEP.

OKAY.

I CAN GET YOU.

NO, I'M FINE.

YEAH, I'M TRYING TO, SO, UM, I'LL TAKE YOUR LEAD ON WHEN WE WANT TO.

UM, GO AHEAD.

THEY'RE TALKING OVER HERE.

OKAY.

I'LL GIVE 'EM A MINUTE.

OH, WE'RE READY.

SORRY.

OH, YOU READY? OKAY.

WHO'S GOING TO DO SECONDING SEC? SECONDING SECOND.

I CAN DO THAT.

OKAY, GREAT.

HERE WE GO.

RECORDING IN PROGRESS AND, AND, UH, TO OUR STENOGRAPHER, UH, MICHAEL DESSI.

I JUST WANNA MAKE SURE THAT, UM, YOU'RE ALL SET TO NOW RECORD.

I'M, I CAN HONEY, BUT, ALRIGHT.

I THINK, I THINK YOU'RE GOOD TO GO THERE.

UM, ALRIGHT, SO WE'RE BACK LIVE AND WE CAN, UH, START UP.

YES.

THE FIRST, UM, THING ON OUR AGENDA TONIGHT IS THAT WHETHER OR NOT WE SHOULD REOPEN OR GUE THAT HAD BEEN CLOSED FOR DECISION.

THAT IS CASE 2205.

AND, UH, AFTER HEARING WHAT THE ATTORNEY FOR THE APPLICANT HAD TO SAY THIS EVENING, UM, WE HAVE DELIBERATED AND WE HAVE COME TO, UM, A DETERMINATION AND DO I HAVE A MOTION ON OUR DETERMINATION AS TO WHETHER OR NOT TO PERMIT THE APPLICANT TO REOPEN THE CASE? UH, SURE.

MADAM CHAIR, I MOVE THAT, UM, THE APPLICANT'S REQUEST TO REOPEN CASE NUMBER 22 0 5 B DENIED.

SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

AYE.

AYE.

THE CHAIR VOTES.

AYE.

AND WITH RESPECT TO THE DECISION ON CASE 2205, DO I HAVE A MOTION OR I WILL, WHO HAS IT? OH, RECORDING.

YES.

YES.

WHO, WHO HAS THE MOTION IN CASE NUMBER? I'M SORRY.

CASE NUMBER 2205.

AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE, I'M SORRY, I'M DOING THE WRONG ONE.

RIGHT.

I GOT MY NUMBERS MIXED UP.

I'M SORRY.

2205 IS RIGHT? YES.

SHE NEEDS THE MOTION.

I MEAN, SHE NEEDS, I NEED THE SEEKER ON 2205.

OH.

THAT SHOULD BE BUILT INTO THE, UM, DRAFT DECISION, I BELIEVE.

OKAY.

WHICH I DON'T HAVE.

NOPE.

OKAY.

IT'S ON MY COMPUTER.

SO THE MO THE MOTION WITH RE THERE'S NO MOTION NEEDED WITH RESPECT TO SEEKER.

UM, OKAY.

FOR THE RECORD, UH, THE PLANNING BOARD AS PART OF A COORDINATED REVIEW WITH THE ZONING BOARD.

ALRIGHT.

UM, MADE A NEGATIVE DECLARATION CONCLUDING THE SEEKER PROCESS, WHICH PUTS THE Z B A IN A POSITION TO RENDER A DECISION ON THE, UH, APPEAL AND THE VARIANCE.

OKAY.

THANK YOU.

AND THAT WILL BE PUT INTO THE RECORD AND, AND DO, AND I MOVE THEREFORE THAT THE, UM, DECISION IN 2205 THAT THE APPLICATION BE DENIED.

DO I HAVE A SECOND? WHICH APP? SECOND HOLD.

HOLD ON A SECOND.

NO, WE ALREADY DID THE, UH, THERE TWO.

NO, WE DID, WE ALREADY DID THE FIRST ONE, THE DECISION INSPECTOR AND THE ALTERNATIVE.

OH, REQUEST FOR VARIANCE.

OKAY.

SO I NEED, I NEED, YEAH, SO DO, UM, YEAH, YOU HAVE TO, IT'S IN THE, IT'S IN MY, MY COMPUTER.

I HAVE A DRAFT DECISION SO LET ME READ, LET ME READ IT.

I'M CONFUSED TODAY.

,

[03:20:07]

SORRY, I THOUGHT YOU'D HAD A HARD COPY OF THAT.

NO, I HAVE IT IN MY COMPUTER AND I FORGOT.

LEFT IT IN THE CAR RIGHT THERE.

HERE.

OKAY.

ALL RIGHT.

SO THIS WOULD BE FIRST THE APPEAL FROM THE DECISION OF THE BUILDING INSPECTOR REQUIRING VARIANCES AND THEREFORE I MOVE THAT THE APPEAL FROM THE DECISION OF THE BUILDING INSPECTOR BE DENIED.

DO I HAVE SECOND? ALL IN FAVOR? AYE.

AYE.

AYE.

AND THE CHAIR VOTES AYE.

AND SECOND STATEMENT.

OKAY.

AYE.

SECOND I MOVE THAT THE APPLICATION FOR THE VARIANCES IN CASE 2305 BE DENIED.

AND DO I HAVE A SECOND ON THAT? 22 0 5, 23 0 5 22.

OH IT'S WRITTEN 23.

IT'S 2205.

YES, I'LL CHANGE IT.

OKAY.

ALRIGHT.

2205 BE DENIED.

I'LL SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

AND THE CHAIR VOTES.

AYE.

AND WE ARE NOT READING THE FINDINGS BECAUSE THE FINDINGS ARE VERY LENGTHY IN EXCESS OF SIX PAGES AND THAT WILL BE PLACED IN THE RECORD AS WELL AS, UM, AVAILABLE TO ANYONE WHO WISHES TO GET THAT INFORMATION FROM THE SECRETARY.

THANK YOU.

AND THE NEXT CASE WE HAVE ON TODAY'S AGENDA IS CASE 2215 MARION WOODS INCORPORATED.

AND THEY HAVE ALSO ASKED FOR AN ADJOURNMENT AND, AND IS THERE ANYONE THAT WISHES TO MOVE? SURE.

I MOVE THAT.

UH, CASE NUMBER 2215 MARIAN WOODS BE ADJOURNED TO THE MEETING OF JULY.

JULY 20TH.

JULY 20TH.

I'LL SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

AND CHAIR VOTES.

AYE.

AND THE NEXT CASE WE HAVE ON TONIGHT'S AGENDA IS CASE 2304 DINE RIZZI RIZZI.

AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE REFERENC APPLICATION WITH REGARD TO C A COMPLIANCE AND WHEREAS THE GREENBERG Z B A HAS DETERMINED THAT THE APPLICATION WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.

SECOND.

ALL IN FAVOR? AYE.

AYE.

AND THE CHAIR VOTES.

AND THE CHAIR VOTES.

AYE.

AND DO WE HAVE A MOTION? YES, MADAM CHAIR.

I HAVE A MOTION.

I MOVE THAT THE APPLICATION IN CASE NUMBER 2304 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 13TH, 2023 AND LAST REVISED APRIL 4TH, 20, DATED 2323, REVISED 22ND, UH, 2023.

OKAY.

SORRY.

AND REVISED APRIL 4TH, 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 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.

SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

AND WE ARE NOT DOING THOSE FINDINGS EITHER.

WE WILL DO ALL THE FINDINGS ON THE, IN THE RECORD.

STENOGRAPHER WILL TAKE THEM DOWN FROM WHAT HAS BEEN, UH, PROVIDED BY THE BOARD.

HOWEVER, WE WILL MOVE ON SO THAT WE CAN GET HOME TO OUR HOMES THIS EVENING, HOPEFULLY.

AND THE NEXT CASE WE HAVE ON THE AGENDA IS CASE 2305 UNITED REFRIGERATION AND THAT IS ADJOURNED FOR ALL PURPOSES TO THE MEETING

[03:25:01]

OF MAY 10TH, MAY 18TH, I'M SORRY.

AND THE NEXT CASE IS CASE 2306 DR.

AND MRS. ABI TIBI TI AND THAT IS ALSO ADJOURNED TO THE NEXT MEETING OF THE BOARD AT MAY 19TH.

18TH.

18TH.

I'M SORRY, I'M TIRED.

AND THE NEXT CASE WE HAVE ON OUR AGENDA IS CASE 2307 RAYMORE AND FLANAGAN FURNITURE.

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 APPLICATIONS, THE TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.

SECOND.

SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

CHAIR VOTES.

AYE.

AND DO WE HAVE A MOTION? UH, YES.

I MOVE THAT THE APPLICATION IN CASE NUMBER 2307 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 STAMP RECEIVED ON MARCH 15TH, 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 VARIANCE BEING GRANTED IS 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.

SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

CHAIR VOTES.

AYE.

AND MOVING ON TO CASE 23 0 8 40 MILL REALTY, L L C AND 10 SAWMILL REALTY L L C.

THEY WILL BE ADJOURNED FOR ALL PURPOSES TO THE MEETING OF MAY 18TH.

AND THE LAST CASE WE HAVE ON TONIGHT'S AGENDA IS CASE 2309 PADRE MAGDY FIVE HILLCREST AVENUE.

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.

OH, SORRY, JUST TO CLARIFY, UM, I'M SORRY.

THIS IS THE ONE WHERE THE PLANNING, THAT'S THE PLANNING BOARD FOR THE RECORD, THE PLANNING BOARD, UM, IN A COORDINATED REVIEW.

PLEASE STRIKE THAT.

YES.

THAT THE PLANNING BOARD IS PART OF THE COORDINATED REVIEW, UM, RECOMMENDED RENDERED A NEGATIVE DECLARATION, RENDERED A NEGATIVE DECK DECK IN THE SEEKER, UH, SEEKER REVIEW.

SECOND, UH, NO MOTION NEEDED.

UH, THAT WAS JUST A STATEMENT.

OKAY.

SO YOU'RE, YOU'RE FREE TO MOVE ON TO THE DECISION? YES.

AND DO WE HAVE YES, MADAM CHAIR, I HAVE A MOTION.

UM, I MOVE THAT THE APPLICATION IN CASE NUMBER 23 DASH NINE BE GRANTED PROVIDED THAT ONE, THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILED THE SAME WITH THE BUILDING DEPARTMENT.

TWO CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED, STAMPED, RECEIVED MARCH 15TH, 2023, SUBMITTED IN SUPPORT OF THIS APPLICATION.

OR AS SUCH, PLANS MAY HAIR AFTER BE HAIR AFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN PROVIDE THAT SUCH MODIFICATION DOES NOT REQUIRE DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.

THREE.

THE VARIANCE BEING GRANTED IS FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION ONLY.

ANY FUTURE 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.

THANK YOU SECOND.

ALL IN FAVOR? AYE.

AYE.

AYE.

AYE.

CHAIR VOTES.

AYE.

AND WITH THAT WE CAN LOOK FORWARD TO REAL SPRING RECORDING STOPPED.

JUST READ IT.

WELL.

OKAY.

SO THAT'S A YES AND A NO BECAUSE SO FAR IT'S BEEN TAKE CARE EVERYONE.

OKAY, THANKS.

THANKS.

THANKS.