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[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS AGENDA THURSDAY, June 15, 2023 – 7:00 P.M. ]

[00:00:03]

HERE WE KNOW .

ALL RIGHT, YOU WANNA DO A ROLL CALL FIRST? YES.

THANK YOU.

THANK YOU.

SHAUNA KINSON? HERE.

DIANE OBERLY? HERE.

CHRISTIE CONNECT HERE.

EVE BUNTING SMITH.

HERE.

LOUIS CRITCHLOW? HERE.

AND PROFESSOR MOSLEY.

PRESIDENT.

ALRIGHT, EXCELLENT.

AND FOR THE RECORD, WILLIAM BLAND IS NOT PRESIDENT.

THANK YOU.

HOPEFULLY IT'S, YOU'RE HERE, YOU'RE HERE FOR THE ZONING BOARD OF APPEALS, BECAUSE THAT'S WHAT WE ARE.

AND I'M SURPRISED TO SEE SO MANY PEOPLE BECAUSE THE PARKING LOT LOOKED KIND OF EMPTY.

BUT GLAD TO SEE YOU HERE.

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

WE HAVE SEVEN CASES THAT ARE SCHEDULED ON TONIGHT'S AGENDA, HOWEVER, CASE 23 0 8, 40 MILL REALTY, L L C, AND 10.

SO REAL.

SO REALTY L L C HAS BEEN CLOSED FOR DECISION ONLY.

PLEASE NOTE THAT THE ZONING BOARD WILL HAVE OUR NEXT REGULAR MEETING ON THURSDAY, JULY 20TH AT 7:00 PM AS USUAL, IF WE CANNOT COMPLETE HEARING ANY CASE TONIGHT, IT'LL BE ADJOURNED TO ANOTHER MEETING, HOPEFULLY TO BE COMPLETED AT THAT TIME.

ALSO, AS IS USUAL TO SAVE TIME, WE WA READING OF THE PROPERTY LOCATION AND THE RELIEF SOUGHT FOR EACH CASE.

HOWEVER, THE REPORTER WILL INSERT THIS INFORMATION IN THE RECORD AND THAT INFORMATION ALSO APPEARS IN THE AGENDA FOR TONIGHT'S HEARING MEETING, I SHOULD SAY, AFTER THE PUBLIC HEARING OF TONIGHT'S CASES, THE BOARD WILL MEET IN THIS ROOM TO DISCUSS THE CASES WE HAVE HEARD TONIGHT.

EVERYONE HERE IS WELCOME TO LISTEN TO OUR DELIBERATIONS, BUT THE PUBLIC WILL NOT BE PERMITTED TO SPEAK OR PARTICIPATE AT THAT TIME.

AFTER OUR DELIBERATIONS, WE THEN ANNOUNCED TO THE BOARD, ANNOUNCED THE BOARD'S DECISION ON THE FORMAL RECORD, AND FOR IT ALSO TO BE BROADCAST TO THE COMMUNITY.

IF YOU'RE GOING TO SPEAK TONIGHT, PLEASE, YOU MUST COME UP TO THE MICROPHONE, CLEARLY STATE YOUR NAME AND ADDRESS, OR YOUR PROFESSIONAL AFFILIATION.

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

WE'VE HEARD TESTIMONY ON SOME OF THE CASES AT PRIOR MEETINGS.

ALL PRIOR TESTIMONY IS ALREADY IN THE RECORD AND SHOULD NOT BE REPEATED.

HAVING SAID THAT, OUR FIRST CASE ON TONIGHT'S AGENDA IS CASE 2305 UNITED REFRIGERATION.

GOOD EVENING, MADAM CHAIR, MEMBERS OF THE ZONING BOARD.

MY NAME IS ANNIE KLEIN AND I'M AN ASSOCIATE AT VEO DENTAL AND WINEGARTEN AND WHI GARDEN.

I'M HERE TONIGHT ON BEHALF OF UNITED REFRIGERATION.

UH, WE WERE LAST BEFORE YOU IN APRIL, AND SINCE THAT TIME WE HAVE SUBMITTED MATERIALS IN RESPONSE TO YOUR COMMENTS AND QUESTIONS AT THAT MEETING.

WE BELIEVE THESE MATERIALS ADEQUATELY ADDRESS ANY OUTSTANDING COMMENTS THAT YOU HAD.

I JUST WANNA REITERATE THAT THE PLANNING BOARD ADOPTED A POSITIVE RECOMMENDATION ON ALL THE VARIANCES AND AS LEAD AGENCY AND AFTER REVIEWING THE PROJECT AT SEVERAL MEETINGS, THE PLANNING BOARD ALSO ADOPTED A NEGATIVE DECLARATION INDICATING THAT THERE WERE NO SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS OF THE PROJECT.

THE MATERIALS WE SUBMITTED AND THE RECORD, INCLUDING OUR, THE POSITIVE RECOMMENDATIONS AND NEGATIVE DECLARATION OF THE PLANNING BOARD, ALONG WITH OUR STATEMENT OF PRINCIPLE POINTS, ALL DEMONSTRATE THAT THE BENEFIT TO THE APPLICANT AND THE TOWN KEEPING A LONG TIME BUSINESS, UH, OUTWEIGHS THE DETRIMENT.

SO THANK YOU FOR YOUR TIME TONIGHT.

WE'RE HAPPY TO ANSWER ANY QUES ADDITIONAL QUESTIONS YOU HAVE, BUT, UM, AS I SAID, I THINK OUR MATERIALS THAT WE SUBMITTED, UH, COVERED EVERYTHING THAT WAS OUTSTANDING.

I APPRECIATE THAT.

ANY QUESTIONS FROM THE BOARD AT THIS TIME? NO, I'M, I DON'T HAVE ANY QUESTIONS.

UM, I, I JUST HAVE, UM, A A I, HAVING LOOKED AT YOUR NUMBERS IN DEPTH OF WHAT YOUR NEEDS ARE, WHAT YOU'RE BUILDING AND ALL THAT, UM, I MIGHT SUGGEST THAT YOU REVISIT SOME OF THAT UP.

UM, I THINK THE APPLICANT HAS CONSIDERED WHAT IT NEEDS AT THIS PROPERTY TO, IN ORDER TO EXPAND ITS BUSINESS, AS WE DISCUSSED LAST TIME, IN ORDER TO, UM, PROVIDE LARGER SCALE, UM, SYSTEMS TO LOCAL CONSTRUCTION PROJECTS THROUGHOUT THE AREA.

UM, AND THEY HAVE REVIEWED THAT, AND THIS IS

[00:05:01]

WHAT THEY'VE DETERMINED THEY NEED IN ORDER TO PROVIDE THAT AT THIS LOCATION.

BUT, UM, AND TOM BLAZE FROM UNITED REFRIGERATION IS HERE, IF YOU HAVE A SAY.

SURE.

UM, YEAH, TOM BLAZE FROM UNITED REFRIGERATION CAN SPEAK ON THAT IN MORE DEPTH.

HE'S FROM THE APPLICANT.

UH, HELLO TOM BLAZE.

I'M WITH UNITED, UM, REGIONAL MANAGER IN THE NORTHEAST.

IF I UNDERSTAND THE QUESTION, IT'S THE NEED FOR 120,000 SQUARE FEET, CORRECT? IT'S HOW WELL IT, IT, IT'S, IT'S, THE REASON YOU NEED A VARIANCE IS FOR YOU TO COME UP WITH NUMBERS THAT JUSTIFY WHAT YOUR VARIANCE IS FOR.

WHAT WE'RE LOOKING TO DO IS SUPPORT 24 SALES OFFICES THROUGHOUT THE TRI-STATE AREA, PLUS MORE.

WE'RE A 400 BRANCH, UH, DISTRIBUTION BUSINESS ACROSS THE COUNTRY.

UM, OUR TYPICAL SALES OFFICES ARE FIVE TO 15,000 SQUARE FEET.

THIS SALES OFFICE IS 40,000, WHICH IT ALREADY SERVES WITH BULK PRODUCT.

WE HAVE 25,000 SQUARE FEET.

SO WE STOCK THINGS THAT WE DON'T HAVE ROOM FOR IN THE CITY BRANCHES OR LONG ISLAND.

AND WE'RE CURRENTLY, YOU KNOW, SUPPORTING LONG ISLAND, NEW YORK CITY, WESTCHESTER, HUDSON VALLEY, CONNECTICUT, NORTH JERSEY WITH TRUCKS FROM DELAWARE.

AND THERE'S JUST NOT ENOUGH TRUCKS TO GET THE KIND OF EQUIPMENT.

UM, YOU KNOW, WE SELL A LOT OF BIG EQUIPMENT, YOU KNOW, THAT SITS SOMETIMES, YOU KNOW, UH, COMMERCIAL EQUIPMENT FOR THIS BUILDING AND SUPERMARKETS AND, YOU KNOW, THE EQUIPMENT NEEDS TO BE LOCAL, UH, TO SUPPORT THE INDUSTRY.

UM, AND 120,000 SQUARE FEET IS PROBABLY NOT ENOUGH FOR OUR NEEDS COMPLETELY.

UH, BUT IT, IT'S SOMETHING WE'RE HOPEFUL THAT, YOU KNOW, THAT WILL WORK OUT.

OKAY.

SO YOU'RE SAYING THAT YOU NEED THE, THE EQUIPMENT IN THE AREA READY TO SELL? CORRECT.

WITHIN TWO HOURS, YOU KNOW? MM-HMM.

LIKE IT CAN BE IN ALBANY LONG ISLAND.

UM, THE EXISTING SALES OFFICE WOULD BE RELOCATED TO ANOTHER LOCATION WITHIN THE TOWN, PROBABLY THE INDUSTRIAL PARK RIGHT BEHIND US.

MAKES SENSE.

UM, BUT YES, WE'RE IN THE EMERGENCY BUSINESS.

UM, WHEN SOMETHING'S DOWN IN A HOSPITAL, UM, A SUPERMARKET, UM, IT'S REFRIGERATION, LOW TEMP REFRIGERATION, EVERYTHING'S, MOST THINGS ARE URGENT.

IF THE AIR CONDITIONING WAS OUT IN THIS BUILDING, IT'S A COOL DAY TODAY.

I'M SURE THIS WOULDN'T BE A CONVENIENT EVENING.

AND, YOU KNOW, PEOPLE WANT THINGS REPAIRED OR REPLACED QUICKLY AND, YOU KNOW, THAT'S THE NATURE OF OUR BUSINESS, HAVING PRODUCT CLOSE TO A CUSTOMER.

I, I UNDERSTAND WHAT YOU'RE SAYING.

UM, AND OBVIOUSLY AS YOUR BUSINESS IS INCREASING, APPARENTLY YOU HAVE FOUND WAYS IN WHICH TO ACCOMMODATE, ACCOMMODATE AND GROW.

IT.

STILL, OBVIOUSLY YOU HOPE OR, OR YOU PLAN THAT THIS WOULD GROW IT EVEN FURTHER.

HOWEVER, THE WAY IT WAS PRESENTED AS I SAW IT, IS THAT THE, THE HEIGHT THAT IS REQUIRED IS NOT SO MUCH FOR A PIECE OF EQUIPMENT, BUT FOR STACKS OF EQUIPMENT ON TOP OF EACH OTHER.

UNLESS I'M MISTAKEN THAT'S WHAT THE PHOTOS WERE.

NO, YOU'RE CORRECT.

IT, IT'S A STANDARD, YOU KNOW, DISTRIBUTION WITH PALLET RACK AND SOME PRODUCTS WOULD JUST BE ON THE FLOOR AND STACK.

RIGHT.

AND, YOU KNOW, A 16 FOOT UPRIGHT, IT'S PRETTY STANDARD IN WAREHOUSING.

WE HAVE 30 FOOT CLEAR WEAR DISTRIBUTION CENTERS.

SO, UH, BUT YES, WE STACK PRODUCT ON RACKS.

WE ALSO STACK IT ON TOP OF EACH OTHER.

LIKE COMMERCIAL EQUIPMENT IS TWO TIMES THAT TABLE AND THREE FOOT HIGH.

WE MIGHT PUT 10 OF THEM OR SIX OF THEM ON TOP OF EACH OTHER.

AND HENCE THAT'S THE NEED FOR YOU HAVING THE HEIGHT AND THE NUMBER OF YEAH.

CORRECT.

WE NEED HEIGHT ALL THE TIME FOR PRODUCT.

YES.

IT, IT MAY JUST, IT'S JUST INTERESTING TO NOTE THAT YOUR PRESENTATION TODAY IS IN TERMS OF SQUARE FOOTAGE AND IN EVERYTHING ELSE YOU'VE SUBMITTED TO US.

UM, IT, THAT'S NOT THE MEASUREMENT THAT'S BEEN GIVEN

[00:10:03]

SQUARE FOOTAGE AND HEIGHT.

I, YEAH, I, I MEAN, THINK WE'RE TALKING, WE'VE BEEN SUBMITTING THINGS BASED ON THE VARIANCES WE'RE ASKING FOR, SINCE THAT'S RELEVANT TO WHAT WE'RE TALKING ABOUT.

BUT AS THE REGIONAL MANAGER, I THINK HE THINKS IN SQUARE FOOTAGE.

SO WE'RE JUST, IT WOULD BE A 120,000 SQUARE FOOT BUILDING IS WHAT WE'RE PROPOSING.

IF THE HIGH VARIANCE IT'S GRANTED, UM, BECAUSE WE WOULD BE ADDING ONTO THE, THE TOP OF THE BUILDING AND MAKING THE BUILDING LARGER, IT WOULD BE 120,000 SQUARE FEET.

IT'S ABOUT 40,000 RIGHT NOW.

UM, SO I'M SORRY IF THAT'S CON LED TO SOME CONFUSION, BUT I THINK THE MATERIALS WE HAVE SUBMITTED HAVE BEEN IN THE CONTEXT OF THE VARIANCES WE'RE ASKING FOR SINCE THAT'S WHAT'S BEFORE YOU, WHAT'S THE HEIGHT OF THE BUILDING NOW? 24 FEET.

AND YOU CAN'T, UM, ACCOMMODATE THE VOLUME THAT YOU'RE LOOKING TO STORE, UH, SAY A 50 FOOT BUILDING.

UM, THE APPLICANT LOOKED INTO THAT AND, UM, I YOU TELL HIM, HIM, UH, 50 FEET, UM, THE ANSWER IS NO.

WE, WE, IT'S THE TOTAL SQUARE FOOTAGE AND CUBIC FEET AND, UM, TO HAVE THE, THE THREE FLOORS IS, YOU KNOW, WHAT WE WOULD NEED TO HAVE THE KIND OF EQUIPMENT THAT WE'RE LOOKING TO STOCK INTO THE, INTO THE MARKET.

WELL, YOUR EVALUATION OF, UH, NEEDING THREE STORIES INSTEAD OF TWO STORIES WAS THAT TWO STORIES WAS PRACTICAL FOR YOUR BUSINESS NEEDS, BUT YOU DIDN'T REALLY GO INTO ANY DEPTH IN EXPLAINING WHY TWO STORIES ISN'T PRACTICAL.

WELL, TWO STORIES WOULD GIVE US 80,000 SQUARE FEET AND THAT WOULDN'T BE ENOUGH, UH, TO SUPPORT THE BRANCHES THAT WE'RE LOOKING TO SUPPORT.

YOU KNOW, AND THEN THERE'S ALSO, YOU KNOW, COSTS ARE AN IMPACT AS WELL.

UH, ENGINEERING REGULATION, FREIGHT ELEVATORS, I DON'T WANNA SAY THE THIRD, YOU KNOW, THE THIRD FLOOR IS SIGNIFICANTLY CHEAPER THAN THE SECOND FLOOR.

SO WHEN WE START THE PROCESS TO BUILD A SECOND FLOOR ALONE, IT WOULD BE COST PROHIBITIVE AND STILL NOT SATISFY THE, THE, THE SPACE THAT WE NEED.

UM, WE WERE LOOKING AT THE PHOTOS THAT YOU PRESENTED OF THE BALLOON TEST, AND YOU WERE INDICATING WHERE THE BALLOONS COULD BE SEEN AND THOSE VIEWS WHERE THE BALLOONS COULD NOT BE SEEN.

BUT I WAS QUESTIONING THE, UM, ANGLE IN WHICH THE PHOTOS WERE TAKEN, WHERE THE BALLOONS COULD NOT BE SEEN.

AND I WOULD JUST LIKE TO EX HAVE YOU EXPLAIN WHY, UM, THOSE BALLOONS WERE NOT VISIBLE AT THE VIEWS IN WHICH YOU PRESENTED THE CAMERA ANGLES AT.

SURE.

SO THE BALLOON, THE BALLOON TEST, THOSE PHOTOS WERE TAKEN FROM LOCATIONS THAT WERE AT THE DIRECTION OF THE ZONING BOARD.

WE RECEIVED A MAP, UM, THAT TOLD US WHAT LOCATIONS, UH, WE NEEDED TO TAKE PICTURES FROM.

UH, SO THE BALLOONS HAD TO BE ATTACHED TO THE FRONT OF THE BUILDING BECAUSE THEY WERE GETTING CAUGHT IN THE TREES ON EITHER SIDE OF THE BUILDING.

UH, SO WE PUT THE BALLOONS IN THE TOP, IN THE FRONT OF THE FRONT MIDDLE OF THE BUILDING, AS YOU CAN SEE, WHERE THEY WEREN'T GETTING STUCK ON TREES.

UM, AND THEN, UM, WE HAD OUR ENGINEER DRIVE AROUND AND TAKE PICTURES FROM THOSE LOCATIONS THAT WE WERE DIRECTED TO TAKE PICTURES FROM.

AND WE JUST WANTED TO INDICATE, UM, YOU KNOW, WHERE THE BALLOONS WERE VISIBLE AND WHERE THEY WEREN'T.

BUT, UM, YOU KNOW, WE WERE JUST FOLLOWING THE DIRECTIONS THAT WE WERE GIVEN TO, UH, TAKE THOSE PHOTOS FROM CERTAIN LOCATIONS.

THERE WASN'T ANY, ANYTHING ELSE GOING ON OTHER THAN WE WERE JUST TAKING PICTURES WHERE WE WERE TOLD.

OKAY.

ANYTHING ELSE? ANYONE IN THE AUDIENCE WANT TO COMMENT ON THIS CASE?

[00:15:11]

GOOD EVENING, ALEX.

ANSWER FOUR, ENTER LANE.

UM, I, WE ACTUALLY, I DID A, A DRONE TO SEE WHERE THINGS COULD BE SEEN AND NOT SEEN, SO I'M GOING TO ADDRESS THE LITTLE PICTURES.

OKAY.

SO ARE, ARE YOU ON THE ZOOM? YEAH.

OKAY, GREAT.

YOU CAN SHARE SCREEN IF THAT'S WHAT YOU INTEND TO DO, UH, WHEN, OH, OKAY.

IF YOU COULD PLEASE NEXT TO IT.

RIGHT THERE.

AND THAT'S THE ROAD IN RIGHT THERE IS NINE EIGHT TO THE NEXT PICTURE.

UH, THIS IS, THIS IS A PICTURE THAT HE TOOK FROM HUNTER LANE AND NINE A, UH, UH, RIGHT THERE, THERE IS A, UH, WEST IS, UH, UM, SELF STORAGE.

UH, WE COULDN'T SEE ANYTHING FROM THERE BECAUSE THE TREES RIGHT THERE ARE VERY TALL.

WE CAN SEE THE BUILDING FROM THERE.

AND THIS IS FROM, UH, UH, UH, HUNTER LANE AND, UH, CLEARBROOK ROAD, WHICH IS UNDER NORTH SIDE OF THE BUILDING.

AS A MATTER OF FACT, YOU CAN SEE THE BUILDING.

IT'S RIGHT HERE WITH THE RIGHT THERE.

THAT'S THE BUILDING.

OKAY.

SO THIS IS THE, THE, THE FIRST COMPANY IS A SNAPPER, CLEAR BROKE ROAD.

AND AS YOU CAN SEE, YOU CAN SEE CLEAR BROKE ROAD ALL THE WAY FROM 73 FEET.

MM-HMM.

, UH, THIS IS A PICTURE FROM, UH, UH, EXECUTIVE BOULEVARD, WHICH IS RIGHT BEHIND THEM.

THIS, THIS BUILDING THAT YOU SEE ON THE LEFT IS BEHIND, IS EXACTLY BEHIND THEM.

AND THEY SAID THEY COULDN'T SEE THE BALLOONS FROM THERE TO OUR PICTURE.

OKAY.

THAT'S, THAT'S ME RIGHT IN FRONT OF THE MAIN, MAIN BUILDING OF SNAPPER.

AND AS YOU CAN SEE, WE HAVE A SIGN.

THERE CAN, CAN YOU SEE ME NOW? AND THAT, SO GO TO THE NEXT ONE.

[00:20:02]

UH, THIS IS, UH, YEAH, THIS IS ALSO ENTER LANE AND CLEARBROOK ROAD.

AND THAT'S, THAT'S THE SNAPPLE BUILDING, WHICH IS ALSO, YOU COULD SEE IT, UH, YOU COULD SEE THE WHOLE THING.

AND HERE, YEAH, THIS IS CLEARBROOK ROAD, AND I WENT AS FAR AS I COULD GO BEFORE THE TURN AND YOU COULD SEE A ZOOM OUT FROM THERE.

AND THIS IS THE SNAP BUILDING.

AND THIS, THAT'S WHERE WE TOOK THE PICTURE AND WE SAID YOU COULDN'T SEE THE BALLOONS AND YOU CAN'T, YOU CAN SEE THE WHOLE BUILDING, BUT YOU CAN'T SEE THE BALLOONS.

'CAUSE THE BALLOONS WERE IN THE FRONT.

YOU, I MEAN, I TRY TO TAKE PICTURES OF THE BALLOON SOMETIMES, BUT IT WOULD MOVE THE TREE WITH, WITH, WITH THE, YOU KNOW, BLOCK IT.

IT'S NOT SOMETHING THAT, OKAY.

SO THEY, THEY SAID THAT THEY WERE, UH, UM, UH, THEY NEED THE HEIGHT BECAUSE THEY ACTUALLY DON'T COMMERCIAL INSTEAD OF RESIDENTIAL, THEY ONLY HAVE, THEY SELL ONLY RESIDENTIAL.

SO THEY WENT MOVED INTO COMMERCIAL, UH, HVAC.

AND THAT NEEDS, THOSE ARE HUGE UNITS.

THE, SOMETIMES YOU ACTUALLY TO INSTALL THEM, YOU NEED A HELICOPTER TO PUT THIS ON TOP OF THE BUILDING.

THAT'S HOW BIG THEY ARE.

OR CRANES, YOU KNOW, IT'S A, IT'S A BIG, A BIG OPERATION.

I, I DON'T EVEN THINK THAT'S GONNA BE ENOUGH FOR THEM.

THEY'RE GONNA, IF, IF THEY'RE SUCCESSFUL NEXT.

OKAY.

SO I DON'T KNOW IF WE SHOULD TALK ABOUT WHAT WE TALKED ABOUT LAST TIME OR THE REPEAT, THE SAME STUFF THAT WE SAID, UH, THE, THE TREES.

I WAS GONNA SAY ANYTHING THAT YOU HAVE STATED BEFORE, IF IT'S THE SAME THAT YOU WISH TO REPEAT, IT IS IN THE RECORD.

YOU DON'T HAVE TO REPEAT IT.

OKAY.

WELL, I JUST SEE THAT THEY WANT, THEY, THEY TRY TO CAMOUFLAGE THIS THING.

YOU SEE FROM THE PICTURES, THE, THE, THIS, UH, UM, THE FIRST ONE THEY HAD, THEY PHOTOSHOPPED IT SO THAT THE TREES LOOK HIGHER ACTUALLY THAN, THAN THE BUILDING THAT THEY'RE PROPOSING.

AND THEN THEY REVISED IT, BUT NOTHING IS GONNA HIDE THAT.

IT'S, UH, IT'S HUGE TO THE NEXT ONE.

UH, THAT, THAT'S AGAIN THE SAME THING.

UH, IT'S PHOTOSHOPPED TO, TO CAMOUFLAGE IT AND TO HIDE IT.

OH, I TOOK PICTURES OF, UH, ACTUALLY OUR PROPERTIES WITH HOW IT, THEY LOOK FROM, UH, THIS IS OUR NEIGHBOR AT 18.

HUNTER LANE.

I, YOU, UH, THIS IS LIKE, LOOK HOW SMALL HE LOOK LIKE.

YOU HAVE TO BASICALLY LOOK UP TO, TO SEE HOW FAR THAT IS.

UH, IT'S, IT'S GONNA BE LIKE A GIANT WALL THERE, SHALL I SEE? SHALL I CONTINUE WITH THIS? OR IS THIS TO THE NEXT ONE? IT'S MY NEIGHBOR, CHARLES, A 1600 LANE, ALSO IN HIS BACKYARD.

AND ME TRYING TO LOOK UP, WHICH, WHICH YOU SEE WHERE THAT DRONE IS? GO ON.

THAT'S THE HOUSE.

THEN NEXT.

OKAY.

OH, THAT'S SOME OF THE, UH, DOWN, UH, OF, UH, ELMSFORD.

AND AS YOU CAN SEE, THAT'S 2 87, THAT THERE'S, UH, TRUCKS GOING.

AND YOU CAN, YOU CAN SEE AS FAR AS THAT JUST LIKE THE VOLVO OR THE, UH, BUILDING WITH THE NIC.

[00:25:03]

OKAY.

UH, THIS, THIS IS, I DUNNO IF I SHOULD RESTATE THE THING HERE, BUT I WANTED TO GO POINT BY POINT ON THE APPLICANT'S AS FAR AS LIKE THE VARI, UH, THE, TO, TO GRANT, THE VARIANCE WILL NOT PRODUCE AN UNDESIRABLE, BUT I GUESS I STATED THAT LAST TIME.

YES.

ALRIGHT, THANK YOU.

YOU'RE WELCOME.

I DID JUST GONNA DO THIS AT THE EXPENSE OF GREENBERG, OUR AIR RIGHTS, AND IT, IT'S GOING TO, IT'S GONNA GET AN, WHAT I'M CONCERNED MOST WITH IS THAT ONCE YOU GRANT IT TO THEM, A LOT OF PEOPLE ARE GONNA WANT THE SAME THING.

THEIR DIFFERENTIATION THAT THEY ARE LOWER, I DON'T THINK IS VALID BECAUSE CORRECT THEM.

SO JEEP IS GONNA COME NEXT YEAR, SAY, OH, WE WANT THE VOLKSWAGEN IN FRONT OF THEM.

ALSO LOWER THAN THEM, LOWER THAN THE EV.

EVERYBODY HAS A PROPERTY THAT'S EITHER LOWER OR HIGHER THAN ANOTHER MM-HMM.

.

THAT'S, THAT'S, THAT'S NOT A, THAT'S NOT A DIFFERENTIATION.

AND IT'S, IT'S GONNA BECOME, UH, IT'S GONNA TRIGGER AN AVALANCHE OF, OF, OF, OF, OF, UH, PEOPLE COMING TO ASK FOR THE SAME THING.

THANK YOU.

YOU'RE WELCOME.

THANK YOU.

YES.

MY NAME IS MURRAY BOIN.

I LIVE IN HARTSDALE, UH, MY PROFESSION.

I'M A SCULPTOR, AN ARTIST.

WHAT'S BECOME OBVIOUS TO BE WATCH THIS IS TO HOW TO MAKE THE BUILDING VISUALLY DISAPPEAR.

WE'VE BEEN PERMITTING WHITE BUILDINGS, WHICH STAND OUT.

MY QUESTION IS, HOW CAN WE HAVE THE BUILDINGS IN A NEUTRAL BACKGROUND, NOT CODE, BUT MULTICOLORED SO THAT IT BLENDS WITH THE BACKGROUND AND DOESN'T STAND OUT.

ALL THE WHITE BUILDINGS YOU HAVE OUT THERE ARE OBVIOUS THAT THEY'RE BUILDINGS, BUT IF YOU COLOR THEM IN SOME RANDOM COLORING TO BLEND IN WITH THE BACKGROUND, WE'VE NEVER LOOKED AT THAT BEFORE.

AND WITH THE, UH, VISUALS THAT WE HAVE ALL OVER THE COUNTRY BEING INSTALLED THESE DAYS, YOU WOULDN'T WANT A SPECIFIC VISUAL THERE, A PICTURE OR ANYTHING.

BUT YOU DON'T WANT SOMETHING FOR HIN COLORS THAT MAKES THE BUILDING BLEND INTO THE BACKGROUND.

IT'S A NEW CONCEPT.

I DIDN'T THINK OF IT UNTIL I WATCHED THE PRESENTATION TODAY.

WHY SHOULD WE SEE THE BUILDING? WELL, WE'D RATHER SEE IT BLEND INTO A NEUTRAL BACKGROUND, AND THAT'S GONNA TAKE A LITTLE, UH, NEW WAY OF THINKING ABOUT THINGS.

THANK YOU.

ANYONE ELSE? YES, EMMA, PLEASE.

WHILE THE WITNESS IS COMING UP, KIRA, YOU HANDED THIS OUT EARLIER TONIGHT.

YES.

FROM THE C P C A.

HAS THAT BEEN PROVIDED TO THE APPLICANT? I'M SORRY? HAS HAS THAT BEEN PROVIDED TO THE APPLICANT? YES.

YEAH.

OKAY.

THANK YOU.

UH, GOOD MORNING EVERYONE.

UH, I'M LUIGI JUNIOR, SPEAKING ON BEHALF OF MY DAD, LUIGI, ER, SENIOR.

GOOD EVENING, EVERYONE.

WE ARE BACK HERE TONIGHT TO EXPRESS OUR CONCERNS REGARDING THE POSSIBLE EXPANSION BY UNITED REFRIGERATION TO 73 FEET HIGH.

AS WE SHARE WITH THE BOARD LAST TIME, OUR CONCERNS ARE THE EFFECTS THAT IT'LL HAVE ON OUR PRIVACY AND QUALITY OF LIFE.

A TREELINE VIEW AND SUNLIGHT BEING BLOCKED BY 73 FEET TALL BUILDINGS SITTING RIGHT BEHIND OUR HOME.

EXCUSE ME, SLOW DOWN.

I'M GOING TO, UM, UM, , I HAVE TO INTERRUPT YOU.

THERE'S THIS STENOGRAPHER THAT'S TAKING ALL OF THIS DOWN AND YOU, BECAUSE WHEN YOU'RE READING, YOU'RE READING VERY QUICKLY AND IT'S GONNA BE HARD.

SO SLOW DOWN JUST A LITTLE BIT, PLEASE.

WE ARE BACK HERE TONIGHT TO EXPRESS OUR CONCERNS REGARDING THE POSSIBLE EXPANSION BY ANOTHER REFRIGERATION TO 73 FEET HIGH.

AS WE SHARE WITH THE BOARD LAST TIME, OUR CONCERNS ARE THE EFFECTS WE'LL HAVE ON OUR PRIVACY AND QUALITY OF LIFE.

THE STREET LINE VIEW AND SUNLIGHT BEING BLOCKED BY A 73 FEET TALL BUILDING SITTING RIGHT BEHIND OUR HOME IS NOTHING TO LOOK FORWARD TO.

IN ADDITION, IN THE LAST MEETING, IT WAS SAID THAT THE HEAVY MACHINE MACHINERY DELIVERIES WOULDN'T AFFECT TRAFFIC AND THAT THE SCHOOL BUS ROUTE WOULD ALSO NOT BE AFFECTED.

BUT OUR KIDS' SCHOOL BUS ROUTE DOES RUN AROUND EXECUTIVE BOULEVARD ALL THE WAY AROUND TO NINE A

[00:30:01]

TO MAKE IT BACK ONTO LANE, THEREFORE, IT WILL INTERFERE WITH THE SCHOOL BUS ROUTE.

WE ALSO BELIEVE THAT THE LOADING AND UNLOADING OF THIS HEAVY MACHINERY WOULD AL WOULD REQUIRE THE HELP OF A CRANE, WHICH IS ALSO WORRYING.

WORRYING IS THE CONSTRUCTION LENGTH, THE LOW, THE LOUD NOISE IT WOULD CAUSE AND DEBRIS POSSIBLY FALLING ONTO OUR PROPERTY.

LIKE WE MENTIONED BEFORE, WE LOST SPENDING FAMILY TIME IN OUR BACKYARD.

AND REGARDING THE BALLOON TEST, IT WOULDN'T HELP THAT MUCH.

IT WAS NEVER FULLY ERECTED.

IT WAS A WINDY DAY.

WE'RE HOPING THAT TALENT TAKES OUR CONCERNS INTO CONSIDERATION AND THAT THE DECISION TO DENY THE EXPANSION IS MADE BEST REGARDS TO THE RARE FAMILY.

THANK YOU VERY MUCH.

ANYTHING ELSE, SIR? OKAY.

THANK YOU FOR YOUR COMMENTS.

ANYONE ELSE? JEFF .

WAIT TILL YOU GET TO THE MIC, PLEASE.

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

I JUST WANTED TO MAKE TWO POINTS.

UM, I SPOKE WITH TOM BLAZE AND THERE'S GONNA BE FIVE OR SIX TRUCKS A DAY.

UH, SO THE DELIVER AND TAKE AWAY EQUIPMENT, IT'S, AND THEN THE EQUIPMENT IS GONNA BE UNLOADED.

GIMME ONE SECOND PLEASE.

SHE CAME HERE.

CAN YOU SPEAK INTO THE MICROPHONE MORE CLEARLY, PLEASE? OKAY.

SO, UH, I SPOKE WITH TOM BLAZE, THE, THE METRO, UH, MANAGER.

AND THERE'S GONNA BE FIVE OR SIX TRUCKS, UH, THAT MAKE DELIVERIES TO THE WAREHOUSE EVERY DAY.

AND THERE'S NOT GONNA BE ANY HEAVY MACHINERY TO UNLOAD OR LOAD THE TRUCKS.

IT'S JUST GONNA BE, UH, FORKLIFTS.

AND THE OTHER POINT I WANTED TO MAKE, UH, THAT THE ARTIST ME MENTIONED, YOU KNOW, IN THE PERSPECTIVES WE SHOW THE BUILDING AS BEING A WHITE BUILDING, BUT I'VE BEEN CONSIDERING, UH, DOING A CHECKERED, UH, PATTERN WITH, UH, CONTROL JOINTS AND DOING BLUE AND PALE BLUE AND PALE GREEN, WHICH WOULD HIDE THE BUILDING MUCH MORE.

UH, THOSE ARE THE TWO POINTS I WANTED TO MAKE.

THANK YOU.

ANY COMMENTS ON WHAT HAS BEEN STATED NOW? OKAY.

WE WILL MOVE ON TO THE NEXT CASE WE HAVE ON TONIGHT'S AGENDA.

THAT IS CASE 2310.

JARED LINDSEY.

HELLO.

BOARD MEMBERS BACK AGAIN, HOPEFULLY FOR A DIFFERENT DECISION THIS TIME AROUND.

UM, SO I WAS ASKED BY GARRETT AND EVERYONE ELSE TO PROVIDE, UM, A RELOOK OF IMPERVIOUS COVERAGE, UM, AS WELL AS MY TREE PERMIT.

I DID PROVIDE THE TREE PERMIT.

UM, SPEAKING TO MY ENGINEER AS WELL AS MY FAMILY, WE DID DECREASE IMPERVIOUS COVERAGE FROM THE LAST TIME AROUND BY NEARLY 3%.

UM, THE REALITY IS THE HARDSHIP OF THE LONG DRIVEWAY, WHICH IS, YOU KNOW, ACCURATE, UH, 175 FEET LONG.

UM, THERE'S NO REAL WAY TO CONTINUE, CONTINUE DECREASING IMPERVIOUS.

I DID CALL UP MY PROPANE COMPANY AS WELL, UM, AND THEY MENTIONED THAT THE TRUCK SIZE WAS EIGHT AND A HALF FEET WIDE.

UM, AND THE MINIMUM REQUIREMENT IS ONE FEET, BUT THEY WOULD LIKE TO HAVE THREE FEET FOR WEATHER, UM, PERMITTING CIRCUMSTANCES.

AND IF WE START TO THINK ABOUT, UM, WHEN IT SNOWS AND YOU START TO PLOW, WHERE DOES THE SNOW ACTUALLY GO? RIGHT.

YOU KNOW, SO I THINK HAVING A SLIGHTLY, YOU KNOW, WE DECREASE IT BY HALF A FOOT, BUT THEN ALSO REMOVED, UM, ALL OF THE DECKING OR THE PATIO AROUND THE POOL AS WELL, WHICH IS ILLUSTRATED HERE IN THIS, UH, DOCUMENT.

AND THEN IN, IN TERMS OF THE SCREENING, WHICH IS WHAT MY NEIGHBOR WAS, YOU KNOW, ASKING FOR AS WELL, I DID PROVIDE THE TREE PERMIT WHERE, YOU KNOW, WE'RE SHOWING THAT WE ARE PLANTING 21 ADDITIONAL TREES, UH, ONCE WE GET THE POOL IN AND, AND THE DRIVEWAY.

AND OF COURSE, AND, UH, THE TREES 18 OF THE 21 RANGE FROM SIX FEET TO 16 FEET TALL.

UM, AND I'M HOPING THAT THIS ACTUALLY, UM, IS, IS OKAY BY THE BOARD.

AND, AND I DO WANT TO SHARE ONE OTHER THING.

UM, AND I MENTIONED IT LAST TIME AROUND THAT I DO GET A LOT OF INDIVIDUALS THAT WILL COME DOWN MY DRIVEWAY.

[00:35:01]

AND ONE, ONE, UH, STORY I WANT TO SHARE IS THAT ON MEMORIAL DAY WEEKEND, THERE WAS A FAMILY THAT CAME HALFWAY DOWN MY DRIVEWAY, UM, SAW US AND WE SAID, WELL, THERE'S SOMEONE LIVING HERE.

BUT THEN THE KID ACTUALLY, YOU KNOW, THE PARENT HAD A TODDLER.

THE TODDLER THEN TOOK DOWN HIS FENCE AND URINATED ON MY FENCE, RIGHT? SO MY THING IS, IF MY DRIVEWAY WAS DONE, I DON'T THINK THEY WOULD ACTUALLY COME DOWN MY DRIVEWAY.

SO I THINK IT'S MORE OF LIKE AN ISSUE OF PRIVACY AS WELL, UM, JUST TO KIND OF GET THINGS DONE.

BUT FROM MY STANDPOINT, THERE'S NOT MUCH I CAN DO WITH IMPERVIOUS.

THE ONLY WAY TO GET IMPERVIOUS DOWN TO 29%, WHICH IS THE ALLOWED AMOUNT, IS TO HAVE AN EIGHT FOOT DRIVEWAY.

AND I THINK WE WILL ALL AGREE THAT EIGHT FOOT IS JUST NOT WIDE ENOUGH IN ITSELF.

SO, I MEAN, AT THE END OF THE DAY, I DID DO, I DID TRY TO DO AS MUCH AS WHAT, WHAT WAS REQUESTED BY ME, BY DECREASING IMPERVIOUS.

AND IT SEEMED FROM THE DELIBERATION THAT, UM, THE BOARD HAD LAST MONTH, YOU ARE OKAY WITH THE POOL PLACEMENT, UM, IN ITSELF.

AND WE JUST, WE JUST WANTED TO SEE WHAT THE TREE, UM, THE PLANTING IS GONNA BE MOVING FORWARD.

WITH THAT SAID, I, I WOULD JUST PAUSE IF THERE'S ANY OTHER QUESTIONS, ANY QUESTIONS? I, I JUST WAS A LITTLE UNCLEAR ABOUT THE GRAVEL ON THE DRIVEWAY.

YOU SAID YOU'RE COMFORTABLE USING GRAVEL.

I MEAN, BECAUSE I DIDN'T, I DIDN'T KNOW IF YOU WERE COMMITTING TO IT OR NOT COMMITTING TO IT.

NO.

SO, SO THE THING IS, UM, I, IT'S, IT'S LAID OUT TO BE, UM, BLACKTOP ASPHALT, RIGHT? BUT THE BOARD MENTIONED, WELL, WOULD YOU CONSIDER GRAVEL TO GET IT DONE? I WOULD CONSIDER IT.

HOWEVER, WITH THAT BEING SAID, GARY DID MENTION, UM, EVEN IF WE PUT GRAVEL, THAT DOESN'T CHANGE IMPERVIOUS RIGHT AT ALL, BECAUSE YOU STILL CAN DRIVE OVER IT.

SO IF THAT'S THE CASE, IF IT'S NOT CHANGING ANYTHING, THEN, YOU KNOW, FROM A MAINTENANCE STANDPOINT, YOU KNOW, I WOULD PREFER TO HAVE ASPHALT.

IT'S MUCH LOWER MAINTENANCE.

IT'S, YOU KNOW, THE REALITY IS WHENEVER YOU'RE PLOWING, UM, GRAVEL AND, AND I KNOW THERE'S NEW MACHINES AND THINGS LIKE THAT, BUT THEN, YOU KNOW, IT'S THE, THE GRAVEL IS KIND OF SHOOTING ALL OVER THE PLACE.

AND AGAIN, IT'S JUST MORE OF A HASSLE TO DEAL WITH GRAVEL AS OPPOSED TO ASPHALT.

BUT, YOU KNOW, IF, IF THAT'S WHAT YOU WANT ME TO, I WANT TO BE FLEXIBLE, BUT AT THE SAME TIME BE A LITTLE BIT REALISTIC, YOU KNOW, OF WHAT, WHAT WE CAN TRULY DO.

SO, UM, I WOULD PREFER TO LEAVE IT AS ASPHALT, UM, JUST TO KIND OF, UH, MOVE FORWARD.

BUT IF YOU'RE SAYING THAT YOU WOULD LIKE GRAVEL, I MEAN, THAT'S SOMETHING THAT WE CAN CONSIDER MAYBE AT THE DECK OF IT, OF THE DRIVEWAY OF THE 174 FOOT LENGTH OF IT, AND THEN USE, YOU KNOW, UH, ASPHALT OR SOMETHING ELSE.

BUT, YOU KNOW, I, I ALSO LOOKED INTO IMPERVIOUS TYPE OF, UH, ASPHALT.

UM, AND BASED ON, FROM WHAT I DISCOVERED WITH MY CONTRACTOR, THAT WOULD BE SOMEWHERE IN THE RANGE OF 80 TO A HUNDRED THOUSAND DOLLARS TO ACTUALLY PUT IN PLACE.

BECAUSE YOU NEED TO DIG 24 FEET DOWN, PULL IT OUT, AND THEN ACTUALLY LAY DOWN SOME ADDITIONAL KIND OF MATERIAL TO MAKE IT PERMEABLE IN ITSELF.

SO I DID SOME, SOME RESEARCH IN REGARDS TO THAT.

BUT AT THE END OF THE DAY, THE BEST WE CAN DO IS ACTUALLY GET TO THIS, YOU KNOW, NUMBER THAT'S, YOU KNOW, NEARLY 3% LOWER THAN WHAT WE ORIGINALLY DID.

SO, YOU KNOW, FROM OUR PERSPECTIVE, WE WERE ASKED TO REDUCE IMPERVIOUS, WHICH WE DID, UM, AND PROVIDE THE TREE, UM, THE LANDSCAPING PLANS, WHICH WE DID AS WELL.

I HAVE A QUESTION ON THE SURE.

THE DRIVEWAY.

SO YOU DECREASED IT FROM 12 FEET TO THE 11 AND A HALF FEET.

YES.

HOW MUCH FURTHER WOULD YOU HAVE TO DECREASE IT TO ACTUALLY NOT REQUIRE THE VARIANCE? SO TO HIT THE 29% MARK? EIGHT PER, SO EIGHT FEET.

EIGHT FEET, OKAY.

EIGHT FEET WOULD BE THE NUMBER.

AND AGAIN, THIS IS THE HARDSHIP, RIGHT? YOU KNOW, IT'S THAT THE DRIVEWAY IN ITSELF, AND IF YOU LOOK AT THE PLANS ON THE PROPERTY, THERE'S NOT A LOT OF LIKE DECKING OR ANYTHING LIKE THAT ON THE PROPERTY IN ITSELF.

IT IS THE HARDSHIP IS THE DRIVEWAY AND THE HARDSHIP HAS ALWAYS BEEN THE DRIVEWAY.

WHEN WE FIRST CAME IN TO PRESENT, UM, TO GET A VARIANCE ON THE WIDTH OF THE DRIVEWAY, WE BOUGHT THIS LAND.

UM, AND WE NEEDED TO GET A VARIANCE BECAUSE THE FRONTAGE WAS NOT WIDE ENOUGH.

THE FRONTAGE THAT WAS REQUIRED WAS 25 FEET, BUT GUESS WHAT? I ONLY BOUGHT SOMETHING THAT WAS 15 FEET, BUT WE STILL NEEDED A VARIANCE FOR IT.

SO, UM, THE DRIVEWAY HAS ALWAYS BEEN THE HARDSHIP.

AND AGAIN, WE, WE TRY TO, UM, REDUCE AS MUCH AS WE CAN AND MAKE SURE THAT, YOU KNOW, THAT THERE IS EASY ACCESS IN AND OUT, UM, OF THE DRIVEWAY IN ITSELF.

OKAY.

THANK YOU.

ANY OTHER QUESTIONS?

[00:40:01]

JUST, JUST FOR YOUR OWN KNOWLEDGE.

'CAUSE I WANTED TO VERIFY IT BEFORE.

UH, I DON'T THINK GLASS FAULT REQUIRES THE 24 FOOT DEPTH.

I SPOKE TO AN ENGINEER, MY CONTRACTOR SPOKE TO AN ASPHALT COMPANY AS WELL.

UM, SO TO MAKE IT PERMEABLE, YOU HAVE TO DIG UP AND THEN PUT SOME NEW STUFF DOWN, AND ALL OF THAT REQUIRES AN EXTRA COST.

I, I, I'M JUST TELLING YOU, CITY OF NEW YORK USES GLASSFUL MM-HMM.

, BECAUSE IT DOES DRAIN BETTER.

AND I DON'T THINK EVERY STREET IS DUG DOWN 24 FEET, BUT NO, 24 INCHES, SORRY.

24 INCHES.

TWO FEET.

TWO FEET, FEET.

NO, NO.

20.

NO, NO, NO.

24 INCHES.

PEOPLE ARE NOT FEET.

SORRY.

SORRY.

I'M 24 INCHES.

SORRY.

24 INCHES.

NO, NO.

I MEAN, MY, MY, MY SEWER SYSTEM IS 10 FEET DEEP, RIGHT? SO, SORRY, 24 INCHES, TWO FEET.

TWO FEET.

I TOOK IT.

APOLOGIES.

24 INCHES.

YEAH, THAT'S WHAT I TOOK IT FOR TOO.

YEAH.

I, I'M, I, I, I'M, I APOLOGIZE.

DON'T WORRY.

YEAH, 24 FEET IS A BIT MUCH.

YEAH, THAT'S IT.

ANYONE IN THE AUDIENCE? COME ON.

MURRAY BOWDEN AGAIN.

TWO RECENT PROJECTS THAT WE NURSING HOME, I BELIEVE, ON DOPPS FERRY ROAD.

THE FIRE DEPARTMENT WAS QUITE HAPPY WITH A PERMEABLE, UH, SURFACE THAT WOULD HOLD THEIR FIRETRUCKS, UH, BLOCKS WHERE THE WATER WENT THROUGH INTO THE GROUND.

AND IF THE FIRE DEPARTMENT FOR THEIR FIRE TRUCKS WAS COMFORTABLE WITH PERMEABLE, UH, SURFACE RATHER THAN ASPHALT, I THINK THAT, UH, PEOPLE HAVE TO RETHINK, NOT USING ASPHALT AT ALL, BUT SOME PERMEABLE SURFACE THAT CAN TAKE THE WATER RIGHT INTO IT.

UH, THERE WERE, THERE WAS ANOTHER SECOND ONE.

I THINK IT WAS THE HOUSING, THE THEATER YOUNG, WHERE THE FIRE DEPARTMENT ALSO, UH, WITH ACCEPTABLE FOR THEIR FIRE TRUCKS, WHICH IS QUITE HEAVY TO USE, UH, OPEN BLOCKS WHERE THE WATER WOULD GO THROUGH RATHER THAN ASPHALT.

SHOULD I RESPOND TO THAT? MAY I JUST ASK THAT , PLEASE? COULD YOU REPEAT THAT? WHAT WAS THAT? WHAT WAS THE NAME OF SPEAKING? MURRAY BODEN.

THANK YOU.

THANK YOU.

OKAY.

THANK YOU.

THANK YOU.

THANK YOU.

THANK YOU.

I SEE HEAD MOVING BACK THERE.

ANYONE ELSE WANTED TO GET UP AND MAKE A COMMENT? OKAY.

ALL RIGHT.

MOVING ALONG FOR OUR NEXT CASE.

TONIGHT CASE 2311.

KEVIN CROOK.

HI, MY NAME IS KEVIN CROOK.

I'M THE, UH, OWNER OF 9 5 5 MILLWOOD ROAD, AND I'M HERE TO FOLLOW UP ON SOME QUESTIONS YOU GUYS HAD LAST TIME.

UM, LAST TIME.

YOU GUYS, UH, YOU, UH, YOU WANTED ME TO MENTION THAT, UH, WHAT'S THE REASONING? UM, I'M HERE TO ASPHALT MY DRIVEWAY, AND I DECIDED TO REDUCE THE LAYOUT.

UM, I TOOK YOUR, YOUR GUYS', UH, CONCERNS AND I'M GONNA STICK WITH THE ORIGINAL LAYOUT AND, UH, AND, UM, HOPEFULLY I'LL BE ABLE TO ASPHALT IT.

UM, THE REASON I WANT TO ASPHALT IT IS, UM, LIKE THE, THE LAST PREVIOUS GENTLEMAN SAID IS, MAINTENANCE IS VERY TOUGH.

UH, WEEDS CONSTANTLY GROW.

UM, GRAVEL CONSTANTLY GETS WASHED OUT BECAUSE MY HOUSE IS ON A LOWER LEVEL FROM THE ONE BEHIND ALL THE WATER KIND OF PUSHES THE GRAVEL AWAY ONTO THE, ONTO NORWOOD ROAD, CREATING SINKHOLES.

UM, AND, UM, AND I'M NOT ABLE TO USE A SNOWBLOWER IN THE WINTERTIME.

SO I'M OUT THERE BEFORE WORK SHOVELING.

UM, AND, AND IT'S PRETTY, UH, STRENUOUS ON THE BACK.

AND, AND, UM, LIKE I STATED BEFORE, I'M THE ONLY ONE WHO WORKS.

MY WIFE DOESN'T WORK, SO I CAN'T AFFORD TO GET HURT PRETTY MUCH.

UM, AS FAR AS MY COMMERCIAL VEHICLE, UM, I TRIED, UH, MULTIPLE LOCATIONS IN THE NEIGHBORHOOD.

UH, NOBODY WAS, UH, HAD SPACE TO ACCEPT MY VEHICLE, BUT, UH, MY NEIGHBOR WAS GRACIOUS ENOUGH WHO LIVES ACROSS THE STREET, WHEREAS PLENTY OF SCREENING AND COVERAGE, HE WOULD ALLOW ME, UH, TO, UH, TO PARK DOWN IN THE BACK OF HIS HOUSE UNTIL, UH, THE NEAR FUTURE WHEN I GET A FENCE AND I'M ABLE TO CREATE SOME SORT OF COVERAGE AND STRUCTURE TO PARK MINE BACK ON THE SIDE OF THE HOUSE.

AND, UH, THAT'S ALL I HAVE FOR THAT.

THANK YOU.

ANY COMMENTS ON THIS OR QUESTIONS? THAT'S ALL.

WHEN YOU MOVE THE TRUCK TO THE SIDING HOUSE, WHO'S THE FENCING? JUST I DO YOU HAVE A DRIVEWAY THERE TOO? UH, NO.

OR ARE YOU GONNA BE COMING BACK TO US? NO, THERE'S NO DRIVEWAY.

IT'S JUST GRASS RIGHT THERE.

[00:45:04]

SO MAYBE IN THE NEAR FUTURE, IF, IF THAT'S SOMETHING THAT NEEDS TO GET ADDRESSED, I'M WILLING TO ADDRESS IT, BUT RIGHT NOW I'M JUST DOING WHAT, WHAT'S IN MY BUDGET AND JUST TO GET THE ASPHALT DRIVEWAY.

OKAY.

ONE SECOND, PLEASE.

NO, I WANT TO SEE SOMETHING.

SO WHAT, WHAT EXACTLY IS DIFFERENT, UM, THAN THE PREVIOUS LAYOUT? YEAH.

UM, THE TWO SIDE SPOTS, I WANTED TO, UM, ADD AN ADDITIONAL 300 SQUARE, UH, SQUARE FEET TO KIND OF TURN THE DRIVER MORE INTO A RECTANGULAR SHAPE RATHER THAN AN L.

IT DOESN'T CHANGE THE SETBACK SIDE.

YEAH.

MM-HMM.

.

OKAY.

THANKS.

AND JUST TO CONFIRM, IT DOESN'T CHANGE ANY OF THE VARIANCES SOUGHT FOR THE SETBACK, OR IT'S STILL EIGHT FEET, RIGHT? UH, YES.

IN YOUR PLANS, OKAY.

YES.

SO ON THE SCREEN, I HAVE THE, THE DRAWINGS THAT WERE ORIGINALLY SUBMITTED.

AND MY UNDERSTANDING IS THAT THIS SECTION IS NOW NO LONGER PROPOSED.

JUST FOR REFERENCE TO ANSWER YOUR QUE THAT LAST QUESTION, AND THE REST IS EXISTING.

IT WAS, IT WAS THERE BEFORE BOUGHT THE HOUSE.

SO THE SHADE IS NO LONGER PROPOSED.

CORRECT.

WHICH IS DIFFERENT THAN THE LAST TIME THE GENTLEMAN WAS PRESENTING.

THIS IS WHAT'S PRESENTED.

NOW, OF COURSE THE CAP GETS IN THE WAY, , BUT JUST FOR MY OWN EDIFICATION, IN THEORY, YOU COULD STILL DO THAT 'CAUSE WE'RE PROVING THE VARIANCE FOR THE ENTIRE SIDE YARD.

NO, WELL, THE UPDATED PLAN IS WHAT YOU WOULD BE APPROVING, WHICH IS LIMITED IN SCOPE TO THE OUTLINE OF THE DRIVEWAY, WHICH THE CAPTIONS ARE BLOCKING .

BUT INITIALLY, SEE, I, I, I, SHOULD I PLAN THIS ONE? I THOUGHT THAT WHAT BEING BLOCKED THERE, THERE, IT'S WHERE THE 4 1 8 IS.

I THOUGHT THAT WAS PART OF HIS NEED FOR HIS, UM, COMMERCIAL VEHICLE.

NOW HE'S NOT ASKING TO HAVE IT THERE NOW.

SO I'M LOOKING WITH RESPECT TO WHAT THE NEED IS TO HAVE THE CON CONFIGURATION THAT HE NOW PRESENTS SINCE HE DOESN'T HAVE THE OTHER VEHICLE THERE.

OKAY.

ADDRESS.

SURE.

SO WHEN, UH, WE LIVE ON NORWOOD ROAD, BUSY ROAD, WHEN WE PULL IN, WE ALWAYS PULL IN, UH, FORWARDS INTO THE GARAGE.

TOWARDS THE GARAGE.

UH, THAT LITTLE NOOK GIVES US THE ACCESS TO BACK OUT AND, UH, MAKE A 180 DEGREES, UH, U-TURN TO COME OUT THE DRIVEWAY FACING FORWARDS RATHER THAN BACKING OUT, YOU KNOW, HAVING MY KIDS AND MY WIFE BACK GOT ONTO THE BUS.

NO WAY.

THE ROAD, OKAY.

UM, BEFORE THE BIGGER SPACE, I WOULD'VE HAD MY VAN THERE.

NOW I'M NO LONGER, NO LONGER PARKED IN THE VAN.

I'M GONNA STICK WITH THOSE, THE SMALLER SPACE.

SO, SO NOW THE WIFE AND KIDS ARE GONNA BE SAFER WITH THE VAN LOOKED, IT WAS NEVER IN DANGER WITH THE VAN BACKING OUT THOUGH.

YEAH.

BACKING OUT.

SO JUST TO BE CLEAR, UM, THE SPUR THAT YOU SEE, WHICH I KNOW IS HERE, THERE'S A LEGALIZATION COMPONENT OF THAT.

SO THAT PRESENTLY ENCROACHES, SO WHETHER IT'S, UH, PAVED OR NOT, THERE'S A VARIANCE NEEDED, RIGHT? AND THE GENTLEMAN, YOU KNOW, OBVIOUSLY WANTS TO, TO PAVE IT, RIGHT? SO, UM, THAT JUST WANTED TO BE CLEAR ON THAT.

THAT'S WHY I WANTED TO KNOW THE PURPOSE.

NOW HAVING, YEAH.

WOULD, WOULD THIS BE IN THE WAY, IF THE, IF THE TOWN EVENTUALLY, YOU KNOW, 40 YEARS DOWN THE ROAD WANTED TO PUT SIDEWALKS IN? 'CAUSE THEY'RE SAYING IT'S A DANGEROUS, I CAN SPEAK TO THAT.

HE'S SAYING THAT I, UM, IT WOULD NOT BE IN THE WAY.

UM, THE SIDEWALKS WOULD HAVE TO BE IN THE, THE, THE RIGHT OF WAY.

UM, WHICH MEANS NOT ON PRIVATE PROPERTY.

NOW, THERE ARE TIMES WHERE THE STATE WILL APPROACH AN OWNER

[00:50:01]

IF THEY NEED TO MAYBE TAKE A FOOT AND, YOU KNOW, THEY'LL APPROACH THEM ON THAT LEVEL.

BUT THIS IS SET BACK QUITE A BIT AND, UM, IT DOES APPEAR THAT THERE'S QUITE A BIT OF SPACE BETWEEN THE PROPERTY LINE AND THE, THE, THE ROAD EDGE.

SO TO ANSWER YOUR QUESTION, I DON'T THINK THAT'S A PROBLEM AT ALL.

OKAY.

OH, I SEE.

AND WHAT IS THE, UM, I GUESS LOOKING ON THE SURVEY ITSELF, WHAT IS THE ACTUAL DISTANCE WHERE IT, WHERE IT READS STONE CURB, WHAT IS THE, THAT SIZE, THAT HEIGHT OR WIDTH OR WHATEVER IT IS THAT YOU WOULD BACK INTO? UH, THE ACTUAL MEASUREMENTS? UM, I DON'T KNOW OFF HAND.

I GUESS I GOTTA GO BACK TO THE ENGINEER.

UM, THE WIDTH OF THE DRIVEWAY IS 17, AND IF IT'S 37 50, UM, JUST 20 FEET ROUGHLY.

20 FEET ROUGHLY ACROSS.

OKAY.

SO I'M GONNA USE MY CURSOR IF THAT'S HELPFUL.

OKAY.

UM, THIS DISTANCE IS 37.5.

I GET THAT.

I THIS IS 17.

RIGHT, I UNDERSTAND.

SO IF WE WANTED TO KNOW ROUGHLY WHAT, FROM THIS POINT TO THIS POINT, NO, I WANNA GO UP AND DOWN.

YOU WANNA GO UP AND DOWN, RIGHT? IT'S, IT'S, IT'S BIG ENOUGH TO FIT TWO VEHICLES.

I WOULD APPROXIMATE 20 FEET, MAYBE LESS.

17.

YEAH.

TWO VEHICLES, LIKE I SAID, MY, MY VAN AND, AND MY, MY PERSONAL CAR WAS, WAS THERE, YOU DON'T NEED TO HAVE VARIANCE.

GARRETT.

IF IT WERE CUT IN HALF UP AND DOWN FOR ONE SPOT, KIND OF ALMOST PARALLEL, WOULD HE STILL REQUIRE A VARIANCE? MM-HMM.

.

SO ANY ENCROACHMENT OF THE DRIVEWAY TO THE RIGHT OF WHERE I'M BRINGING MY CURSOR MM-HMM.

MM-HMM.

REQUIRES A VARIANCE.

SO IF I WERE, THIS, THIS POLYGON IS WHAT NECESSITATES THE MM-HMM.

, THE SIDE YARD VARIANCE.

THE, THE, THE 37 50 IS 7.5 OVER THE MAX 30 FOOT WIDE WIDTH.

SO, UM, IF THAT WERE A TOTAL OF 30, THAT VARIANCE WOULDN'T BE NEEDED WITH A TOTAL OF 30.

UM, I DON'T KNOW THAT THAT WOULD HAVE PROVIDE TURNAROUND DISTANCE.

WELL, DO YOU NEED THE A, A FULL 20 FEET ON A TURNAROUND IS, IS REALLY WHAT I'M LOOKING AT.

I MEAN, THAT WOULD PARK A VEHICLE FOR THE MOST PART, BUT DO YOU NEED THAT MUCH SPACE IN ORDER TO DO, TO BACK INTO IT? BECAUSE NORMALLY YOU'RE BACKING IN AND THEN COMING OUT OH, WHEN THERE'S TWO VEHICLES? YEAH.

YES, I WOULD NEED THAT SPACE .

OTHERWISE ONE CAR IS GONNA ALWAYS HAVE TO BACK OUT AGAIN ONTO NORWOOD ROAD.

NO, NO, NO.

YOU SAID THAT WHAT YOU DESCRIBED, SIR, I'M SORRY, IS THAT YOU, YOU BACK OUT OF THE DRIVEWAY AND YOU COME DOWN.

SO YOU'RE SAYING YOU DON'T USE THE GARAGE AT ALL, OR YOU DON'T PARK IN THE, IN THE DRIVEWAY, THE, THE TWO VEHICLES? NO, MY, MY, MY ISSUE I'M HAVING IS, IS BACKING OUT TO NORWOOD ROAD.

IT'S NOT THE PARKING ISSUE.

SO IF, IF I HAVE TWO VEHICLES AND ONE IS ALWAYS, ALWAYS IN THAT SPOT, SOMEONE HAS TO BACK ONTO KNOW WOOD ROAD.

SO ONLY ONE VEHICLE CAN CAN GO INTO YOUR GARAGE.

GARAGE.

THAT WHAT YOU'RE SAYING? NO, I DON'T USE THE GARAGE FOR, I, I DON'T USE THE GARAGE FOR SOME VEHICLE STORAGE.

AND YOU DON'T PUT TWO VEHICLES SIDE BY SIDE, OBVIOUSLY IN THE DRIVEWAY, UM, THAT EXTENDS TO THE GARAGE.

NO, I CAN'T SIDE BY SIDE.

NO.

OKAY.

I'M, I'M TRYING TO, TO HELP YOU OUT HERE.

SO THIS MAKES SENSE BECAUSE THIS IS JUST THE EXISTING LAYOUT.

THIS IS HOW IT WAS BEFORE.

I UNDERSTAND THAT, BUT THAT DOESN'T MEAN THAT IT'S A LOT OF THE HOMES ON, ON THE SAME ROAD HAVE THAT SAME NOOK.

I KNOW, BUT IT, IT, IT DOESN'T MEAN THAT IT, YOU KNOW, SO IF, IF I COULD IS IS IS THE QUESTION WHEN THIS VEHICLE BACKS OUT AND WOULD MOVE INTO THIS POSITION? YEAH.

AND THEN IT PULLS OUT FORWARD, I THINK YOUR QUESTION IS, IF THIS EDGE WERE SOME NUMBER OF FEET TO THE LEFT, WOULD THEY STILL BE ABLE TO ACHIEVE THE TURNAROUND? RIGHT.

STILL LOOKS LIKE IT FALLS INTO THE VARIANCE LINE.

[00:55:04]

I MEAN, TO SIMPLY SAY THAT THIS IS THE WAY IT WAS, SO WE'RE GONNA LEAVE IT THAT WAY, IS NOT NECESSARILY SOMETHING THAT I'M JUST TRYING TO IMPROVE THE LAYOUT OF THE DRIVEWAY.

I'M NOT, I UNDERSTAND THE MAJOR CHANGES IS WHAT FITS THE NEIGHBORHOOD.

EVERYONE HAS ASPHALT.

WELL, EVERYONE WHO COMES BEFORE US IS TRYING TO IMPROVE SOMETHING.

RIGHT.

SO HERE, LET ME, LET ME ASK THIS QUESTION.

SO WE KNOW THE COMMERCIAL VEHICLE'S BEING PARKED SOMEWHERE ELSE.

OKAY.

DO YOU INTEND TO HAVE ANOTHER VEHICLE PARKED THERE, WHICH IS WHY YOU NEED TWO? YES.

LAST TIME I, I MENTIONED MY WIFE ONE SEPTEMBER WHEN MY KIDS START SCHOOL.

YES.

WHEN MY WIFE RETURNS TO WORK, I NEED TO PURCHASE ANOTHER VEHICLE.

YES.

SO YOU'RE GONNA HAVE TWO CARS, ONE PARKED UP BY THE GARAGE THAT NEEDS TO COME DOWN YES.

TURN AROUND NEXT TO THE ONE THAT'S PARKED AND THEN GO OUT ONTO THE STREET? CORRECT.

OKAY.

DOES THAT HELP WITH YEAH.

WHY IT'S TWO? WELL, IT'S, IT EXPLAINS MORE THAN WHAT WE HAVE BEFORE.

YES.

OKAY.

CAN YOU, IS THERE A PHOTO THAT SHOWS THE HOUSE WHERE THE SHOWED THE GARAGE DOORS? IS IT A I THOUGHT IT WAS A TWO CAR GARAGE.

IT IS, BUT THE LEFT SIDE IS WHERE THE CHIMNEY STACK IS, THE BRICKS.

SO WE, YOU CAN'T REALLY PULL THE CAR INTO THE GARAGE WITHOUT QUOTING SOME DAMAGE AND POSSIBLY HITTING A CAR.

BUT THE EARLIER QUESTION, I BELIEVE WAS COULD YOU PARK TWO CARS SIDE BY SIDE FACING THE GARAGE? UH, NO.

I'LL BE, I, I WOULD, MY TIRES WOULD PROBABLY SLIP AGAINST THE PAVERS ON THE SIDE.

IT'S PRETTY TIGHT AND IT WON'T LEAVE ANY ROOM TO GET OUT.

SOMEBODY'S IN THE CAR.

SHOULDN'T BE THE DOOR.

WELL, IT'S 17 AND A HALF FEET, RIGHT? IT'S BIG.

PROPANE TRUCK IS EIGHT FEET WIDE.

MY CAR IS LESS THAN THAT.

TYPICAL PARKING SPACE IS NINE FEET WIDE.

SO, UM, HAS 17 FOOT WIDE DRIVEWAY THERE? I DON'T, I DON'T THINK I DO EITHER.

QUESTIONS? NO FURTHER QUESTIONS.

ANYONE? ANYONE? ANYONE IN THE AUDIENCE? I SEE SOMEONE UP.

COME ON UP, SIR.

NO.

OH, YOU'RE JUST RELAXING.

OH, I NEED TO GO TO THE RESTROOM.

, YOU DON'T HAVE TO RAISE YOUR HAND AT ALL.

NO, I GUESS WE'VE EXHAUSTED OURSELVES UP HERE.

A TYPICAL SS U V IS 5.8 FEET WIDE.

UH, THAT SEEMS, UM, THE AVERAGE WIDTH ARE TYPICALLY 14 FEET AND 5.8 LENGTH OF THE WIDTH IS ACCORDING TO GOOGLE.

ALL RIGHT.

NEXT CASE WE HAVE IS CASE 2312.

CHERYL AND BUR RNS, DO WE HAVE ANY GOOD EVENING? CAN YOU HEAR ME? YES, WE HEAR YOU.

ALL RIGHT.

MY VIDEO DOESN'T WORK BECAUSE, UM, THEY PUT A STOP ON IT SO YOU COULD UNBLOCK THE VIDEO.

OKAY, MA'AM, YOU CAN TURN IT ON.

UM, BUT IT'S ALL RIGHT.

WE CAN HEAR YOU AND, UM, YOU, YOU'RE ABLE TO SHARE PLANS IF YOU'D LIKE.

OTHERWISE I HAVE THEM HANDY.

SURE.

GOOD EVENING EVERYBODY.

UM, MY NAME IS GABRIELLE SALMAN.

I'M THE ARCHITECT FOR, UM, MR. AND MRS. HEARNS.

THEY'RE ALSO WITH US ON ZOOM.

UH, WE WERE BEFORE YOUR LAST MONTH, AND WE RECEIVED TWO REQUESTS FROM YOU.

ONE OF THEM WAS TO REMOVE THE CIRCULAR PORTION OF THE, OF THE DECK, NEW DECK.

WE DID THAT AND WE SAVED THE 380 SQUARE FEET.

SO NOW THE PROPOSED DECK IS, UH, 74 SQUARE FEET LESS THAN EXISTING PATIO, UM, WHICH IS A GOOD NEWS.

AND ALSO YOU REQUESTED FOR US TO, TO PROVIDE WHATEVER WE HAVE IN HANDS TO PROVE THE DRIVEWAY.

UH, WE WENT THROUGH ALL THE PAPERWORK

[01:00:01]

THAT THE OWNERS HAVE, AND WE CAME UP WITH, UM, TEMPORARY CO THAT WAS GIVEN ON JULY 19TH, 2006, WHERE THERE WAS A STIPULATION THAT UPON CERTAIN ITEMS TO BE COMPLETED, THE, THE FINAL C CO WILL BE GRANTED.

ONE OF THE STIPULATION IS TO HAVE A DRIVEWAY PAVED AND, AND CURBING, UM, COMPLETED AND SO ON.

AND, UM, OBVIOUSLY SHORTLY THERE THEREAFTER, THE CO WAS GRANTED, THEREFORE THE DRIVER WAS COMPLETED AT THAT TIME.

ARE WE TO UNDERSTAND THAT YOU WERE UNABLE TO FIND ANY, UM, PLANS OF HOW THE DRIVEWAY WAS ORIGINALLY APPROVED? NO, UNFORTUNATELY NOT.

WE JUST FOUND, UM, THE TEMPORARY CO AND THERE, THERE WAS A WRITTEN NOTE FROM INSPECTOR WHO INSPECTED THAT HE INSPECTED, UM, THE DRIVEWAY AND THE KAGE, IF I MAY, THIS IS LIZ GARRITY, UM, THE DEPUTY BUILDING INSPECTOR, THAT INFORMATION THAT YOU'RE REFERRING TO, UM, IS NOT A BUILDING DEPARTMENT INSPECTION.

THAT'S AN INSPECTION FROM THE DEPARTMENT OF PUBLIC WORKS.

AND IT'S, UH, STRICTLY LIMITED TO THE CURB CUT AT THE TOWNS RIGHT OF WAY.

IT IS NOT AN INSPECTION OF THE INTERIOR DRIVEWAY.

OKAY.

BUT THERE WAS A NOTE IN THE, IN THE TEMPORARY CO ABOUT ENTIRE DRIVEWAY.

SO I THINK THAT WILL SIGNIFY THAT IT WAS DONE AT THE TIME.

NO ONE IS CONTESTING THAT THE, THE DRIVEWAY WAS NOT PAVED AT THE TIME.

IT'S THE CONFIGURATION OF THE DRIVEWAY.

WHEN WAS THE CURRENT DRIVEWAY INSTALLED? IT WOULD BE, UH, BETWEEN JULY 19, 2 0 6.

AND, UH, THE DATE WHEN, UM, WHEN THE SEAL WAS RECEIVED, WHICH IS, HOLD ON A SECOND.

AND SEAL WAS RECEIVED ON SAME DAY.

OKAY, SO THE, THE BOTH, UM, TEMPORARY CO AND THE FINAL CO SHOWING 7 19 2 0 6.

DO WE HAVE, UH, NO, THINK SO? DID WE KNOW WHAT PERCENTAGE REDUCTION WAS QUESTION? YOU MISSED TOO MANY QUESTIONS.

WE'VE GOT SO MANY.

DID DID WE GET THE, UM, THAT'S WHAT I JUST ASKED, ?

[01:05:01]

YEAH.

A REVISED LOAN.

YEAH.

DO WE HAVE THE REVISED, UM, FIGURES FOR THE VARIANCE YOU'RE REQUESTING? YEAH.

AND THE, THE FINAL FIGURE, UH, FOR THE COVERAGE IS 12,100 HUNDRED 41.

WHAT'S THE PERCENTAGE? THAT'S, UM, IT'S ON THE DRAWING.

SO THE AGENDA REFLECTS THE MOST RECENT SUBMITTAL, AND THE PROPOSAL IS 31.3% IN HER NEEDS COVERAGE.

BUT THAT'S AS 21.75 IS PERMITTED, BUT THAT'S THE SAME AS LAST TIME.

YEAH, THAT'S THE SAME AS THE APRIL SUBMISSION.

IT'S, IT'S, UH, IT'S JUST 74 SQUARE FEET LESS, WHICH IS A FRACTURE.

EXCUSE ME.

CAN YOU JUST EXPLAIN YOUR RATIONALE FOR WHY YOU WISH TO INCREASE THE DRIVEWAY AND WHY IT NEEDS TO BE THE SHAPE AND ALSO THE NEED FOR THE TWO SHEDS? WELL, THE DRIVER IS EXISTING FROM, UM, JULY, 2006.

AND, UM, AS WE EXPLAINED THE LAST TIME, YOU NEED 25 FEET TO BACK OUT INTO THE, YOU KNOW, TO BACK OUT OF THE GARAGE.

SO IF YOU HAVE 30 REQUIRED, YOU, I MEAN, IF YOU HAVE, UH, 20 FEET REQUIREMENTS FROM THE PROPERTY LINE, YOU CAN BACK OUT.

SO THE WAY THE, THE GARAGE WAS POSITIONED WHEN THE HOUSE WAS BUILT, YOU NEED, YOU NEED ADEQUATE SPACE TO, TO BACK OUT.

AND IT WAS BUILT THAT WAY, UM, AT, AT THAT TIME.

SO, YOU KNOW, WE DON'T KNOW THE REASONING OR WHATNOT, BUT IT'S BEEN THERE FOR ALL THESE YEARS.

THAT'S WHAT SHE SAID.

AND IN TERMS OF SHED, UM, THE ONE SHED IS, UM, HOUSING, UM, A LOAN MOWER, WHICH IS, UM, HIS SHED.

AND THEN THERE IS A SHE SHED THAT IS FOR THE GARDEN, YOU KNOW, THE FLOWER POTS AND, UM, GARDEN EQUIPMENT FOR, FOR MRS. HEARNS, THE ONE THAT HOUSES, UH, LOAN OWNER, UH, MOWER.

IT'S, UM, YOU KNOW THAT IT'S A BIG PIECE OF EQUIPMENT.

SO YOU, THAT'S ALL THAT'S IN THERE.

YOU CAN'T FIT ANYTHING ELSE.

ANYTHING ELSE, YEAH.

REDUCE, HMM, YEAH, 74, LIKE ANY 70, 74.

YEAH.

WELL, BECAUSE IT'S 12,921, THEY TOOK OFF ONE PATIO OVER HERE.

THERE'S ANOTHER DRAWING THAT SHOWS IT IN THE BUBBLE.

YEAH.

WHEN WAS THE REDUCTION MADE IN WHICH THERE EVER A RECALCULATION BY THE BUILDING DEPARTMENT OF THE VARIANCE PER SURFACE? IF THEY REDUCED IT, THE, THE VARI SHOULD HAVE BEEN REDUCED, RIGHT? UH, YES.

SO, UM, TO, TO THE ARCHITECT, WHAT WAS THE SQUARE FOOT REDUCTION FROM LAST TIME?

[01:10:01]

A SQUARE FOOT REDUCTION WAS 380 SQUARE FEET.

UM, ACTUALLY, UM, WHAT, LET, LET ME GO OVER THAT AGAIN.

FROM EXISTING SQUARE FOOTAGE, UM, OF IMPERVIOUS COVERAGE, WE AUDIT 306 SQUARE FEET, UH, SQUARE WITH A NEW DECK.

NOW WE REMOVE THREE 80, SO WE MINUS 7 74, SO WE LESS OF 74 SQUARE FEET AS IT IS ON THE GROUND ORIGINALLY.

AND SO IT COMES OUT TO BE LIKE 30.5 KIND OF WHERE IT WAS.

BUT WE DON'T HAVE AN ACCURATE DOCUMENT TO VOTE FROM.

NO.

OKAY.

SO IT'S, IT'S A MODEST REDUCTION.

IT'S LIKE A 1% REDUCTION OR SOMETHING.

OKAY.

IT'S A 1% CORRECT.

IT'S ON PLANS.

BUT THE QUESTION IS, WAS IT EVER SUBMITTED TO THE BUILDING DEPARTMENT FOR REQUEST? WE HAVE TWO MINUTES.

NO, NO.

YOU HAVE A PLAN DATED APRIL.

WHEN DID THEY MAKE THE DEDUCTION AND DID THEY SUBMIT THAT TO THE ? WE JUST DID THE DEDUCTION NOW, UH, AFTER OUR LAST MONTH MEETING.

SO IT WAS SUBMITTED PRIOR TO THIS MEETING.

UH, THE NUMBER WAS IN SQUARE FEET.

UM, AND I DON'T BELIEVE THAT WAS CONVERTED TO AN UPDATED PERCENTAGE REDUCTION.

UM, WELL, WE COULD ASK , LIZ, DO YOU, DO YOU RECALL, UM, REVIEWING THE SUCH THAT YOUR CALCULATION ON PERCENTAGE OF IMPERVIOUS WAS, WAS CARRIED OUT, OR IS THAT SOMETHING? UM, WE WOULD HAVE, YEAH, WE, WE HAVE IT.

I SUBMITTED IT, UM, IN, IN THE, IN THE REGULAR FORM.

AND, UM, I WILL HAVE TO MAKE AN ADJUSTMENT OF, UH, 1%.

THAT'S IT.

IT'S GONNA BE LESS THAN 1%.

YEAH, I, I'M NOT SURE, GARY, IF IT'S GONNA HAVE AN IMPACT ON THE VARIANCE, I'LL DO A CALCULATION NOW, BUT AS, UH, GABRIELLE SAID, I THINK IT'S GONNA BE LESS THAN 1%.

SO THE PERCENTAGES SHOULDN'T CHANGE.

BUT I'LL, I'LL CONFIRM THAT.

AND WHEN SHE RESUBMITS THE ZONING COMPLIANCE FORM.

THANK YOU.

SO WE HAVE TO WAIT ON THIS ONE TILL THEY RESUBMIT, OR PERHAPS, YEAH.

WE'LL, ULTIMATELY YOU'RE GONNA DELIBERATE AND SEE IF, YOU KNOW, YOU'RE GONNA ASK FOR ADDITIONAL REDUCTIONS OR WHATEVER.

THAT'S WHAT I WAS GOING TO ASK.

I WAS GONNA ASK THAT QUESTION NOW, WHAT ADVISE AT THAT TIME.

OKAY.

DO YOU HAVE ANY ? WE JUST HAVE TO RESUBMIT THE FORM, RIGHT? THAT'S THE, THE FORM THAT WE SUBMITTED WITH ALL THE PERCENTAGES, IS THAT CORRECT? THERE'S, YEAH.

ZONING, COMPLIANCE FORM, AND THEN A BULK, A BULK TABLE ON THE PLAN THAT'S REFLECTIVE OF, UH, PERCENTAGE.

WELL, WE'LL DO THAT.

OKAY.

THANK YOU.

ANY OTHER QUESTIONS FROM THE BOARD? NO, OTHER THAN IS THERE ANY, I MEAN, THE PAPERS THAT YOU HAVE, IS THERE ANY WAY THAT ANY OF THEM CAN BE MOVED OR ELIMINATED IN ORDER TO REDUCE THINGS ANYMORE? THAT'S ALL I, I WOULD ASK THE OWNER HOMEOWNER.

THANK YOU.

ANYONE IN THE AUDIENCE HAVE ANY COMMENTS ON THIS MATTER? OKAY.

THANK YOU.

THANK YOU.

THANK YOU.

AND THE NEXT CASE ON TONIGHT'S AGENDA IS CASE, CASE 23 14 4 50 SECO ROAD, L L C, ARCHDALE GREENHOUSES.

GOOD EVENING, MADAM CHAIR, MEMBERS OF THE ZONING BOARD OF APPEALS.

MY NAME IS LUCIA OCCHIO.

I'M WITH KADER, AND WE REPRESENT HARTSDALE GREENHOUSES.

I'M JOINED TONIGHT BY MY CLIENTS CAROL AND TONY AVILA, WHO OWN AND OPERATE HARTSDALE GREENHOUSES.

[01:15:01]

WE'RE HERE SEEKING, UM, AN INTERPRETATION THAT THE PROCESSING AND SALE OF FIREWOOD AND MULCH ARE LEGALLY PREEXISTING, NON-CONFORMING USE, OR IN THE ALTERNATIVE, A USE VARIANCE TO ALLOW THE SALE AND PROCESSING OF FIREWOOD AND MULCH.

SO I WANT TO CLARIFY AND EXPLAIN WHAT I MEAN BY PROCESSING.

UM, THE AVILAS DO NOT AND HAVE NOT HEATED THEIR GREENHOUSES TO SEASON THE WOOD.

WHEN I TALK ABOUT PROCESSING THE CUT TREES ARE, UM, CUT INTO FIREWOOD LOGS AND OR THEY'RE GROUND TO CREATE MULCH.

SO THERE'S NO SEASONING OF THE FIREWOOD.

THE PROCESSING IS SIMPLY THE CUTTING INTO FIREWOOD OR THE GRINDING TO MAKE THE MULCH.

UM, THE WOOD IS USED TO HEAT THE HORTICULTURE PRODUCTS, UM, DURING THE GROWING SEASON, WHICH IS LATE FEBRUARY THROUGH MAY, AND TO KEEP THE PIPES IN FREEZING WHEN THE TEMPERATURE DROPS BELOW ZERO.

SO ANOTHER POINT THAT I, I WANNA MAKE SURE EVERYONE UNDERSTANDS IS, UM, THE PROCESSING OF FIREWOOD AND MULCH IS IN ADDITION TO THE GROWING OF PLANTS FOR SALE.

UM, AND THEY, THEY INTEND TO DO, TO CONTINUE THAT, UM, GROWING OF THE, THE PLANTS FOR SALE.

UH, THE PREMISES IS APPROXIMATELY 12 AND A HALF ACRES IN SIZE.

UH, THE KIND OF TRANSMISSION LINES AND THE SPRING BOOK PARKWAY ARE LOCATED TO THE EAST.

THERE'S RESIDENTIAL DEVELOPMENT TO THE SOUTH AND WEST, AND IT'S LOCATED WITHIN THE R 10 ZONING DISTRICT.

THIS APPLICATION IS MADE PER THE BUILDING SPECTER'S DETERMINATION THAT THE SALE AND PROCESSING OF FIREWOOD IS PROHIBITED IN THE R 10 ZONING DISTRICT UNLESS A USED VARIANCE IS ISSUED.

UM, THE APPLICANTS ARE SEEKING AN INTERPRETATION, UM, THAT THESE USES OF THE SALE AND PROCESSING OF FIREWOOD AND MULCH, UM, ARE PREEXISTING BECAUSE THEY HAVE BEEN CONTINUOUS SINCE THE INCEPTION OF THE BUSINESS IN 1955 BY MS. AVILA'S GRANDFATHER.

SO THIS BUSINESS WAS STARTED BY HER GRANDFATHER, UM, AT THE SEACO ROAD LOCATION IN 1955.

IT IS A FAMILY RUN AND OPERATED BUSINESS FOR NOW THREE GENERATIONS.

SO MS. AVI'S FATHER BOUGHT THE BUSINESS AND PROPERTY FROM HIS FATHER, AND SHE INHERITED IT FROM HER FATHER WHEN HE PASSED AWAY.

THE PROCESSING OF FIREWOOD AND MULCH HAS ALWAYS BEEN PART OF THE BUSINESS.

UH, WE HAVE A LETTER IN OUR APPLICATION FROM BERG AND MARTIN GETTY.

UM, HE'S A CUSTOMER OF HEARTFIELD GREENHOUSE, AND IN HIS LETTER, HE ATTEST TO THE FACT THAT, UM, HIS FATHER, WHO STARTED MR. MARTIN GETTY'S LANDSCAPING BUSINESS, PURCHASED PRODUCTS FROM MS. AVILA'S GRANDFATHER, UM, FOR THEIR LANDSCAPING BUSINESS BACK DATING BACK TO 1955 AND 1956.

A LETTER CAME IN TODAY, A SIMILAR LETTER FROM EDMUND DEIS.

UM, ALSO AN OWNER OF A LANDSCAPING BUSINESS INDICATED THAT HE PURCHASED THESE PRODUCTS, UM, FROM MS. AVILA'S GRANDFATHER AND BACK TO THE MID FIFTIES WHEN HE STARTED HIS BUSINESS IN 1957.

THE CURRENT ZONING CODE WAS ADAPTED IN 1980 AND REPLACED CHAPTER 65, WHICH WAS ADOPTED ON AUGUST 6TH, 1957.

UH, GIVEN THAT THE BUSINESS WAS STARTED AND THIS, THESE USES WERE, UM, IN EFFECT PRIOR TO 1957, THE APPLICANTS RESPECTFULLY SUBMIT THAT THESE USES ARE EXISTING NONCONFORMING.

UM, I, I THINK THEVES WANT EVERYONE TO UNDERSTAND, UH, PARTICULARLY THEIR NEIGHBORS, UM, THAT IT'S IMPORTANT TO NOTE THAT THEY'RE NOT SEEKING THROUGH THIS APPLICATION TO DO ANYTHING MORE OR DIFFERENT THAN WHAT THEY'VE BEEN DOING.

THEY ALSO UNDERSTAND THAT SOME NEIGHBORS ARE CONCERNED AND HAVE CONCERNS ABOUT SOME IMPACTS.

AND AS WE INDICATED IN OUR APPLICATION, THEY'RE VERY WILLING TO INSTALL MITIGATION MEASURES TO HELP MITIGATE SOME OF THOSE IMPACTS.

UM, AND, AND SOME OF THOSE MITIGATION MEASURES INCLUDE RELOCATING THE WOOD CUTTING AND GRINDING MACHINES FURTHER FROM THE NARROWING PROPERTIES, ADDING BUFFERS ALONG THOSE PROPERTY LINES WITH RESIDENCES LIMITING THE HOURS OF OPERATION OF LARGE MACHINERY FROM EIGHT TO FOUR 30, MONDAY THROUGH FRIDAY, AND NINE TO THREE ON SATURDAY, REFRAIN FROM OPERATING THE BURNERS DURING UNFAVORABLE WEATHER BY DAILY MONITORING OF WIND PATTERNS

[01:20:02]

AND LOWERING THE HEIGHT OF THE SMOKESTACKS.

IN THE ALTERNATIVE, THEY'RE REQUESTING A USE VARIANCE AS DIRECTED BY THE, UH, BUILDING INSPECTOR, UM, WITH RESPECT TO THE REASONABLE RETURN.

UM, ONE OF THE REASONS WHY THEY, THEY WANTED TO MAKE THIS APPLICATION, UM, IT'S IMPORTANT TO CONTINUE THE WOOD AND MULCH PROCESSING AND SALE BECAUSE IF THEY'RE JUST SIMPLY GROWING PLANTS AND SELLING PLANTS, THEY CANNOT SUSTAIN THEIR BUSINESS.

AND IT'S, IT'S A, IT'S AN IMPACT OF WHAT A LOT OF FAMILY BUSINESSES ARE SEEING WITH THESE BIG BOX STORES THAT CAN REDUCE PRICES BECAUSE OF THEIR VOLUME OR OTHER INEFFICIENCIES BECAUSE OF THEIR SIZE.

SO THEY'RE REALLY SEEING THE COMPETITION FROM THESE BIG BOX STORES, UM, AND THEY'RE, THEY WATCH THEIR SALE OF PLANTS DECLINE OVER TIME.

SO THE INDI THE INFORMATION WE PROVIDED REALLY INDICATES THAT THE SALE OF PLANTS WILL NOT COVER THEIR EXPENSES.

UM, THE HARDSHIP BEING UNIQUE, IT IS, I WOULD SAY IT IS UNIQUE IN THIS SITUATION, GIVEN THAT THEY'VE BEEN OPERATING FOR 68 YEARS IN THIS AREA.

AND OVER TIME, AS I INDICATED EARLIER, IT'S BEEN A SITUATION WHERE THEY, THEY NEED THE WOOD AND MULCH, UM, IN ORDER TO SUSTAIN THEIR BUSINESS, UM, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD.

ONCE AGAIN, THEY UNDERSTAND SOME NEIGHBORS HAVE CONCERNS, THEY'RE WILLING TO IMPLEMENT MITIGATION MEASURES.

UM, ONE OF THE OTHER THINGS YOU MAY HAVE SEEN IN THE APPLICATION OF ALL THE LETTERS OF SUPPORT.

THE APPEALERS REALLY DO WANNA BE GOOD NEIGHBORS.

THEY WENT AND TALKED WITH THEIR NEIGHBORS ABOUT THIS APPLICATION AND, AND WHAT THEY WERE TRYING TO ACHIEVE, AND MANY OF THEM WERE WILLING TO SUPPORT THEM.

UM, AND OF COURSE THEIR CUSTOMERS WERE WILLING TO SUPPORT THEM AND THEY SHOWED THEIR SUPPORT AS WELL IN, IN LETTERS TO THE BOARD, UM, WHETHER THE HARDSHIP SELF-CREATED.

WE RESPECTFULLY SUBMIT THAT IT'S NOT GIVEN THAT MS. AVILA INHERITED THIS BUSINESS FROM HER FATHER, AS INDICATED EARLIER, IT'S A CONTINUOUSLY OPERATING FAMILY OWNED BUSINESS.

WE'RE HAPPY TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE.

UM, AND HOPEFULLY YOU'LL SEE THAT, UH, WE DO WANNA CONTINUE THIS FAMILY OWNED BUSINESS THAT'S BEEN IN THE COMMUNITY FOR 68 YEARS.

THANK YOU.

COULD YOU JUST EXPLAIN AGAIN HOW AND WHEN THE BURNERS ARE USED? SURE.

SO THE BURNERS ARE USED TO, UM, HEAT THE GREENHOUSES FOR THE PLANTS, AND THAT'S DURING THE PLANTING SEASON, WHICH IS LATE FEBRUARY THROUGH MAY, OR IF THE TEMPERATURE GOES BELOW FREEZING, THERE ARE PIPING SYSTEMS WITHIN THE GREENHOUSES.

UM, AND IT'LL BE USED TO MAKE SURE THOSE PIPES DO NOT FREEZE, BECAUSE ONCE THEY FREEZE, THEY BURST.

IS THAT CORRECT? OKAY.

I HAVE A QUESTION REGARDING THE NOISE.

MM-HMM.

.

SO HOW MUCH NOISE, UM, WHEN THE PROCESS OF, YOU KNOW, TRANSFORMING THE WOOD TO MULCH, HOW MUCH NOISE IS ACTUALLY ADMITTED FROM THIS PROCESS? AND HOW MANY DECIBELS, IF YOU KNOW, DOES IT AFFECT THE NEIGHBORHOOD? WERE THOSE AROUND? DO YOU KNOW? OR NO ANSWER? WELL, WE CAN FIND OUT.

YEAH, WELL, WE CAN FIND OUT.

YEAH.

WE, WE DON'T HAVE A DECIBEL READING, BUT WE CAN CERTAINLY PROVIDE THAT.

AND IN REGARDS TO THE SMOKE EMITTED FROM THE PROCESS IN TERMS OF THE ENVIRONMENT, HOW SHE IS EMITTED INTO THE EAR.

SO WE KNOW THAT IT IS NOT HARMFUL FOR THOSE AROUND IN THE COMMUNITY.

SO IT'S, IT'S EQUAL TO WHAT WOULD BE IN A FIREPLACE.

SO IT'S NOT, IT'S NOT CHEMICALS, IT'S NOT, YOU KNOW, BUT RIGHT.

YEAH.

UM, HOW MUCH SMOKE? I, I THINK YOU SAID THEY OPERATE ABOUT 15 MINUTES, 20 MINUTES.

YES.

WE HAVE TO, YOU HAVE TO COME UP TO THE MIC, SIR.

HELLO? HELLO.

THEY'RE IDENTIFY YOURSELF.

UH, TONY, IF THEY, WHO'S MY WIFE? UM, I'M NOT SO GOOD WITH THE, THE SPEAKING, THE ENGLISH.

THAT'S OKAY.

YEAH.

SO WHEN, WHEN THE BURNS ARE ON, IT GETS FIT JUST THE SAME AS EVERY WE FIRE PLACE.

IT'S MOSTLY A LITTLE BIT, AND THEN IT US OUT.

WE

[01:25:01]

CAN TRY AND TIME AND SEE HOW LONG IT TAKES FOR THE SMOKE TO CLEAR OUT.

UH, THAT'S ONE WAY TO SEE IF, UM, IS THAT SOMETHING THAT WILL BE ACCEPTABLE TO NEIGHBORS? UM, AND WHAT ARE THE NUMBER OF BURNERS THAT YOU USE? UM, RIGHT, IT'S ON THE FLOOR.

WHAT DOES THAT MEAN RIGHT NOW THAT YOU HAVE THE ABILITY TO USE OTHERS? UH, NOT NONE AT THESE POINT, BUT, UH, WHEN, UH, WHEN WINTER COMES, IF, UH, IF IT GETS A LITTLE COLD, LET'S SAY, UH, BELOW 32, UH, THERE'S WATER SYSTEM AND BE HAS, THAT WILL HAVE TO BE HEATED, SO IT WON'T FREEZE JUST AS ANY HOUSE WILL DO WITH THE WATER SYSTEM HERE.

UM, WE, OVER THE YEARS, TRYING TO, UM, MAKE SURE THAT THAT ONLY HAPPENS WHEN IT GETS REALLY COLD BASED ON SOME CONCERNS FROM NEIGHBORS.

UM, I THINK OVER THE YEARS WE'VE BEEN VERY SUCCESSFUL AND, UM, IF THERE'S MORE TO BE DONE, WE WILL BE HAPPY TO WORK ON IT.

I WAS JUST ASKING YOU, WHAT COULD THE MAXIMUM NUMBER OF BURNERS BE? OH, JUST, IT'S REALLY FOUR THAT WILL HAVE TO BE, 'CAUSE THERE'S THREE THAT WILL, WILL NEED FOR, UH, PLANS HEATING, AND THERE'S ONE GREENHOUSE THAT WOULD BE, IT'S REALLY COLD OUTSIDE.

WE'D LIKE TO KEEP, UH, SOME OF THE HELP SO THEY NOT OUT, OUT WITH THIS 15, 10 DEGREES WAS OBVIOUSLY TOO COLORFUL TO, TO WORK, TO WORK INSIDE.

SO I'M A I'M A LITTLE CONFUSED.

SO I HAVE A QUESTION.

UM, IN READING THIS, UM, I SEE WE'RE LOOKING FOR VARIANCE FOR THE SAIL AND PROCESSING OF THE WOOD PRODUCTS, WHICH IS THE MULCH, THE CHIPS, AND THE FIREWOOD, BUT THAT'S SEPARATE FROM BURNING WOOD FOR YOUR PLANTS.

IS THERE ANOTHER VARIANCE FOR ACTUALLY BURNING THE WOOD FOR THE HEATING THAT YOU'RE SEEKING OR SHOULD BE SEEKING? I DON'T SEE THAT IN THE PAPERWORK.

UH, YOU DEFER TO THE BUILDING DEPARTMENT, UM, ON THAT ASPECT, NO.

THE, THE VARIANCE IS NOT FOR THE BURNING OF THE, THE WOOD TO HEAT THE GREENHOUSES THAT, UM, HAS BEEN THE, THE BURNERS WERE THERE FOR YEARS, UM, WHEN IT WAS OPERATED AS A GREENHOUSE.

SO THAT IS NOT PART OF THE VARIANCE FOR THE USE.

THANK YOU.

UM, BUT YOU'RE SAYING THAT THE PROCESSING, THE SALE OF THE WOOD PRODUCTS AS EITHER FIREWOOD OR MULCH, HAS BEEN AN EXISTING ONGOING PROCESS FOR HOW MANY YEARS? SINCE 54, 19 54, 68, YEAH.

19 60, 68 YEARS.

OH, I'M SORRY.

FOR 68 YEARS.

CORRECT.

SINCE ITS INCEPTION IN 1955.

55, CORRECT.

AND, AND IT'S BEEN CONTINUOUS.

SO IT STARTED WITH MS. AVILA'S GRANDFATHER WHEN HER FATHER TOOK OVER THE BUSINESS, AND NOW WITH, WITH HER AND HER HUSBAND OPERATING THE BUSINESS, IT'S ALWAYS BEEN PART OF GREENHOUSE'S NURSERY'S BUSINESS.

UM, SO WHAT WAS IT THAT BROUGHT THIS TO THE BUILDING INSPECTOR'S ATTENTION AFTER 68 YEARS? WELL, MY UNDERSTANDING IS THERE WERE, UM, CONCERNS BY THE NEIGHBORS WITH RESPECT TO, UM, , PERHAPS THE NOISE WITH THE, UH, MACHINERY USED TO CREATE THE LOGS AND THE MULCH, UM, AND THE SMOKE FROM THE, UM, FROM THE BURNERS.

OKAY.

AND THEN THERE ARE DELIVERIES OF, OF WOOD THAT YOU USE TO, AND THEN YOU SPLIT THEM INTO FIREWOOD OR TURN IT INTO MULCH.

UM, YEAH, THIS STUFF, SORRY.

UM, HARDWOOD IS SEPARATED FOR FIREWOOD AND WHERE IT'S SOFT AND, UH, NOT GOOD FOR FIREWOOD PINE IN THIS CASE THAT SOMETIMES IT'S NOT, YOU KNOW, IT HAS TO BE, UM, MULCH, MULCH TO, UH, FOR MULCH, WHICH, UH, IS USED AROUND THE, UH, THE GARDEN.

I'M, I'M SURE YOU'RE FAMILIAR WITH MARCH.

UM, SO YEAH.

SO DO YOU HAVE ANY PICTURES OR ANYTHING THAT SHOW THE GREENHOUSES ON THE PROPERTY IN THE 68

[01:30:01]

YEARS AGO? RIGHT.

'CAUSE I SEE THE, THAT THE BUILDING INSPECTOR'S LETTER REVIEWED AND FOUND ARIEL PHOTOGRAPHY FROM, UH, 19 47, 19 60, WHERE THERE WERE NOT, THE GREENHOUSES WERE NOT ON THERE.

SO THE, YEAH, THE, THE ERA OF PHOTOGRAPHY FROM THE, FROM 1947 IS NOT EASY TO, TO LOOK AT.

UM, SO, UH, MS. AVILA'S GRANDFATHER ACTUALLY HAD, UH, A NURSERY OF DOTS BURY ROAD PRIOR TO PURCHASING FOR SEKER ROAD PROP PROPERTY.

SO WHEN HE PURCHASED A SEKER ROAD PROPERTY, HE BASICALLY EXPANDED HIS BUSINESS, UM, WHICH INCLUDED THAT.

I, WE DON'T HAVE PICTURES.

IT WAS, YOU KNOW, A TIME WHEN YOU DON'T HAVE A CAMERA ON YOUR PHONE.

UM, A LOT OF BUSINESS WAS CONDUCTED IN CASH, A LOT OF FOLKS IN THEIR CREDIT CARDS AT THAT POINT.

SO WE DON'T, THE BEST WE CAN DO IS, UH, CUSTOMERS WHO, WHO DID PURCHASE THOSE PRODUCTS, UM, FROM THE BUSINESS AT THAT TIME.

WOULD YOU HAPPEN TO HAVE ANY FIGURES ON THE GROWTH? 'CAUSE I THINK MAYBE THE ISSUE HERE IS THE GROWTH AND RATE AT WHICH THE BUSINESS HAS TRANSITIONED TO MORE MULCH AND MORE BURNING.

SO MAYBE WITHIN THE LAST FIVE YEARS, MAYBE THE NOISE HAS INCREASED BECAUSE BUSINESS AND THE DEMAND, CONSEQUENTLY REQUIRING MORE SMOKE.

SO IF WE WERE TO EXTRAPOLATE AND PROJECT OUT, LET'S SAY FIVE OR 10 YEARS, WOULD THERE BE ADDITIONAL BURNERS AND ADDITIONAL NOISE? SO IF WE COULD GET SOME SORT OF STATISTICS ON THAT OR SPEAK TO THAT, BUT I DO COMMEND BOTH OF YOU FOR YOUR LEGACY, UH, KEEPING IT IN THE FAMILY BUSINESS.

THAT IS AWESOME.

CAROL AVILA? UM, AS FAR AS YOUR QUESTION, WE HAVE NO INTENTION OF BRINGING IN MORE BURNERS, WOOD BURNERS.

WE'VE ACTUALLY BEEN PHASING THEM OUT BECAUSE WE KNOW THE ISSUES WITH THE NEIGHBORHOODS.

THEY, THEY DO NOT LIKE IT.

UH, WE DON'T REALLY LIKE TO OPERATE THEM AS WELL, BUT WE HAVE BEEN CONTINUING TO PHASE THEM OUT.

WE HAVE NO INTENTION OF BRINGING IN MORE.

THANK YOU.

AND THEN WHAT WOULD YOU REPLACE THOSE WOOD BURNERS WITH THE WOOD BURNERS? UM, WE HAVE OIL BURNERS AS WELL.

AND CAN YOU SPEAK TO THE BENEFITS OF THE OIL BURNERS AS OPPOSED TO THE ONES THAT YOU'RE PHASING OUT? LIKE HOW WOULD THAT THE, ONE OF THE REASONS WHY THE WOOD BURNERS CAME IN, BECAUSE THE COST OF THE OIL WAS VERY MUCH, IT WAS, UM, REALLY INCREASING.

AND, UH, MY DAD ACTUALLY BROUGHT IN THE WOOD BURNERS TO CUT THOSE COSTS DOWN.

BUT ALSO IT, UM, PROTECTED THE HORTICULTURE PRODUCTS BECAUSE THE OIL BURNERS TEND TO FAIL IN THE MIDDLE OF THE NIGHT.

AND THERE HAS BEEN CROPS THAT HAVE BEEN LOST DUE TO THE FAILURE.

SO HAVING THE BACKUP SYSTEM FOR THE PLANTS REALLY WAS IMPORTANT.

THANK YOU.

WHERE DO YOU GET THE WOOD FROM AND HOW MANY, HOW OFTEN ARE YOU GETTING DELIVERIES OF THIS WOOD? UM, QUITE AS FAR TO SAY, BUT IT'S JUST LOCAL TREE COMPANIES THAT GOT DOWN TREES IN THE NEIGHBORHOOD, LIKE NEAR, NEAR THE, UH, THE PROPERTY.

AND HOW OFTEN, UM, DO YOU GET DELIVERY? THIS, THIS TIMES WHEN? UH, THREE, FOUR A DAY? UM, IT, IT VARIES.

THE DEPENDS.

AND WHAT ELSE? YOU AND THEN YOU SELL, UM, LANDSCAPING, UH, TREES AND THINGS OF THAT NATURE AS WELL? WE PLANTS.

PLANTS.

OKAY.

HOW MUCH WOULD YOU SAY YOUR BUSINESS IS NOW MORE THIS MULCH WOOD THAN PLANTS? IT'S HARD SAY, UM, HARD TO SAY.

UM, IT HAS INCREASED THE, THE MULCH, OBVIOUSLY, UM, THE, IN THE FIREWOOD YET, SO, OKAY.

WE DID INCLUDE SOME SALES DATA FROM LAST YEAR, UM, WITH RESPECT TO THE, UM, THE FIREWOOD, THE MULCH AND THE, IN THE PLANTS, THE HORTICULTURE.

UM, AND YOU CAN SEE THAT IT'S, IT, THE PLANT SALES ARE SIGNIFICANTLY

[01:35:01]

LESS.

OKAY.

THAT'S IN YOUR YES, IT IS.

IT'S, UH, EXHIBIT D OF OUR APPLICATION.

SO IT, I'M, I'M TRYING TO MAKE SURE I'M CLEAR ON WHAT'S BEFORE THE BOARD TONIGHT.

IT HAS NOTHING TO DO WITH THE WOOD BURNING FOR THE, UH, HEATING OF THE GREENHOUSES.

AM I, AM I WRONG IN, IN SAYING THAT? UH, NO, I THINK YOU ARE CORRECT.

IT, IT'S THE FACT THAT IT'S THE, THE WOOD PROCESSING, WHICH I INDICATED WAS, AS WE JUST DISCUSSED, LOCAL TREE COMPANIES HAVE TREES THAT CUT DOWN, THEY BRING 'EM TO HARD STEEL GREENHOUSES.

MACHINERIES USED TO CREATE LOGS OR MULCH DEPENDING ON THE WOOD.

AND THOSE LOGS IN MULCH ARE SOLD.

SO THE, THE HORTICULTURE WOULD REQUIRE THE HEATING OF THE GREENHOUSES.

S THE PLANTS REQUIRE THE HEATING OF THE GREENHOUSES.

AND THAT'S, THAT'S SOMETHING THAT'S, BUT THAT HAS ALWAYS BEEN THE CASE, CORRECT? THAT IS CORRECT.

SO THE ONLY THING WE SHOULD BE CONCERNING OURSELVES WITH IS THE DEGREE OF MITIGATION YOU ARE WILLING TO GO TO IN ORDER FOR US TO GRANT A VARIANCE FOR THE PROCESSING OF THIS WOOD, FOR THE SALE OF FIREWOOD AND MULCH.

IT HAS NOTHING TO DO WITH THE BURNING OF WOOD FOR THE HEATING OF THE GREENHOUSES.

WELL, I, I THINK WHAT WE'RE TRYING TO SAY, WHAT ALS ARE TRYING TO SAY IS THEY UNDERSTAND THAT THE, THE BURNERS ARE CREATING CONCERNS, THE MACHINERY AS WELL, AND THEY'RE WILLING TO DO WHATEVER MITIGATION BECAUSE THEY REALLY DO WANNA BE GOOD NEWS.

THEY REALLY ARE, UM, YOU KNOW, THEY'RE FRIENDLY WITH, WITH SOME NEIGHBORS.

YOU, LIKE I SAID BEFORE, YOU HAVE QUITE A FEW LETTERS OF SUPPORT, UM, AND UNDERSTANDING THERE ARE CONCERNS.

SO THEY ARE WILLING TO, UM, ACCEPT THE CONDITION, UH, FOR MITIGATION MEASURES.

SO, UM, YOU MENTIONED, AND NOW THAT I THINK ABOUT IT, JUST BRIEFLY, WHAT KIND OF MITIGATION THE AVILAS WERE WILLING TO GO TO THE EXTENT THAT THEY WOULD BE WILLING TO GO TO IN ORDER TO APPEASE, UH, THE NEIGHBORS TO THE POINT WHERE WE MIGHT WANT TO GRANT OF VARIANCE TO ALLOW THIS TO CONTINUE TO GO ON.

WE SHOULD BE CONCENTRATING MORE TIME AND ENERGY AND EFFORTS AND UNDERSTANDING WHAT THOSE MITIGATION EFFORTS WOULD BE.

SO I'LL, I'LL REVIEW THEM AGAIN.

I'LL, I'LL SLOWLY GO THROUGH THEM SO THEY CAN RELOCATE THE WOOD CUTTING AND GRINDING MACHINES FURTHER FROM NEIGHBORING PROPERTIES.

SO THE MACHINES THEY ACTUALLY USE TO CREATE THE FIREWOOD LOGS, UM, AND THE MULCH, THOSE CAN BE MOVED TO A LOCATION ON THE PROPERTY AS FAR AWAY AS THEY CAN GET AS POSSIBLE FROM THE NEIGHBOR PROPERTIES, UM, ADDING BUFFERS ALONG THOSE PROPERTY LINES.

UM, AND, AND WE CAN, WE CAN GET SOME ADDITIONAL INFORMATION ABOUT THE NOISE, THE NOISE LEVEL, AND FIGURE OUT IF THERE'S A WAY TO DAMPEN THAT NOISE WITH SOME SORT OF BUFFERING ALONG THAT PROPERTY LINE.

UM, LIMITING THE HOURS OF OPERATION OF THIS MACHINERY FROM 8:00 AM TO FOUR 30 ON MONDAY THROUGH FRIDAY AND NINE TO THREE ON SATURDAY, THEY WOULD NOT BE OPERATING THIS MACHINERY AT ALL ON SUNDAY.

UM, REFRAIN.

WELL, THIS IS WITH RESPECT TO THE BURNERS BECAUSE OF THE CONCERNS ABOUT THE SMOKE, BUT THEY WOULD REFRAIN FROM OPERATING THE BURNERS DURING UNFAVORABLE WEATHER BY DAILY MONITORING OF WING PATTERNS, AND THAT'S SOMETHING THEY'D BE WILLING TO INCORPORATE, UM, AND LOWERING THE HEIGHT OF THE SMOKE STACKS WITH RESPECT TO THE BURNERS.

SO, UM, AS I SAID EARLIER, THEY, THEY ARE REALLY TRYING TO BE GOOD NEIGHBORS.

THEY UNDERSTAND THERE ARE CONCERNS AND THEY ARE WILLING TO TAKE STEPS TO MITIGATE THOSE.

THOSE, I WOULD JUST LIKE TO, OH, I'M SORRY.

GO AHEAD.

FINISH.

GO AHEAD GARY.

I WOULD JUST LIKE TO, UH, CLARIFY FOR THE BOARD, CERTAINLY MITIGATIONS ARE GONNA BE AN ELEMENT OF, OF YOUR THOUGHT PROCESS.

UH, HOWEVER, UM, WHAT'S, WHAT'S BEFORE THE BOARD IS TWOFOLD.

IT'S FIRST THE BUILDING INSPECTOR HAS MADE A DETERMINATION THAT THE PROCESSING AND SALE OF WOOD PRODUCTS THAT ARE NOT GROWN OR HARVESTED ONSITE IS NOT A PERMITTED USE.

YOU MUST FIRST DETERMINE WHETHER OR NOT YOU AGREE WITH THAT.

OKAY.

THAT, THAT'S, THAT'S ONE MAJOR COMPONENT.

AND THEN THE SECOND COMPONENT IS IF YOU AGREE WITH THE BUILDING INSPECTOR, THEN YOU'LL FOCUS YOUR EFFORTS ON UNDER, ON WHETHER OR NOT YOU FEEL THAT

[01:40:01]

A USE VARIANCE IS WARRANTED FOR WHAT THAT USE IS.

OKAY? CERTAINLY YOU WANT TO GET A GOOD UNDERSTANDING AND YOU'RE ASKING GREAT QUESTIONS TO UNDERSTAND WHAT THE USE ENTAILS AND WHAT THE IMPACTS ARE.

BUT, UM, I DON'T WANT YOU TO THINK NARROWLY THAT YOU'RE JUST THINKING ABOUT MITIGATION.

IT'S, IT'S REALLY YOU'RE FOCUSING ON, ON THAT USE QUESTION.

OKAY.

AND WE'D ALSO NEED TO DETERMINE WHEN THEY STARTED, IF THEY WERE RIGHT, SELLING THE WOOD.

YES.

YOU WANNA, WE'LL HAVE, YOU WILL WANT TO HAVE A COMPREHENSIVE UNDERSTANDING OF, OF THE HISTORY AND, UM, TO GET THERE.

IF IT'S NOT IN THE DOCUMENTATION THAT YOU HAVE, YOU'RE ASKING GREAT QUESTIONS.

YOU'RE GONNA CONTINUE TO ASK QUESTIONS.

THERE MAY BE QUESTIONS THAT YOU DON'T THINK OF TONIGHT THAT YOU MAY WANT TO ASK.

THE PUBLIC'S GONNA HAVE AN OPPORTUNITY TO MAKE COMMENTS, SO WE'LL LEARN MORE FROM THAT AND THE RESPONSES.

UM, AND, AND THAT'S GENERALLY HOW THIS PROCESS WILL BE SUCCESSFUL.

MAY I ADD SOMETHING TO THAT, GARY, IF YOU DON'T MIND? SURE.

UM, SO, UM, JUST WITH RESPECT TO THE MITIGATION MEASURES, BECAUSE WE ARE TALKING ABOUT IT, UM, IF YOU MAKE A DETERMINATION THAT IT'S A, A PRE-EXISTING, UH, NON-CONFORMING USE, YOU CAN CONDITION THAT WITH MITIGATION MEASURES, OR IF YOU DETERMINE TO ISSUE THE USE VARIANCE, YOU CAN ALSO CONDITION THAT WITH MITIGATION.

SO IN, IN EITHER CASE, YOU CAN CONDITION IT ON THESE, ON THESE MITIGATION MEASURES THAT WE ARE TALKING ABOUT.

WELL, THAT'S WHY I WAS FEELING IT WAS IMPORTANT TO UNDERSTAND WHAT THOSE MITIGATION EFFORTS WOULD BE.

SO IN ACTUALITY, WE'RE NOT HERE TO GRANT ANY AREA VARIANCES.

WE'RE HERE TO DECIDE WHETHER WE AGREE WITH THE BUILDING INSPECTOR OR NOT.

THAT'S QUESTION NUMBER ONE.

RIGHT? DO DEPENDING ON WHERE YOU'RE AT ON THAT, YOU MAY HAVE TO ANSWER QUESTION TWO.

, WE AGREE WITH THE BUILDING INSPECTOR.

IF YOU DISAGREE WITH THE BUILDING INSPECTOR, THEN THERE WILL BE NO, IF YOU DISAGREE WITH THE BUILDING INSPECTOR, THERE WILL BE NO NEED FOR A USE VARIANCE.

IF YOU AGREE WITH THE BUILDING INSPECTOR, YOU WILL THEN MOVE ON TO STEP TWO, WHICH WILL BE TO DETERMINE IF A USE VARIANCE IS WARRANTED FOR THIS WOOD RELATED USES THE SALE AND PROCESSING OF WHAT.

SO I THINK IT ALSO WOULD BE IMPORTANT TO HAVE A, A, A TIMING UNDERSTANDING OF WHEN WAS SECTION 2 85 DASH 48 B INSTITUTED? WAS IT BEFORE OR AFTER 1955? I BELIEVE THEY SAID THE, SO FIRST SONY ORDINANCE WAS IN, UM, 57.

I'M SORRY.

I THINK THE TIMING AS I READ IT WAS THE BUSINESS STARTED IN 55, 56.

THE FIRST ZONING ORDINANCE WAS PUT IN PLACE IN 57, AMENDED IN 80.

SO, SO THAT'S WHY IT'S A PRE-EX.

THE QUESTION IS, IS THIS A PRE-EXISTING NON-CONFORMING USE THAT, IS THERE A BY RIGHT OR IS IT NOT? BECAUSE OF THE DEFINITION OF WHAT IS PROCESSING OF WHAT IS THAT AGRICULTURE? DID I GET IT RIGHT? YOU DID.

OKAY.

BUT ALSO WHAT, WHAT THAT DEFINITION WAS BACK THEN OF NURSERY RIGHT FORM AND NURSERY, DID IT INCLUDE THE PROCESSING AND SALE OF FIREWOOD AND MULCH.

SO TO THE EXTENT YOU DON'T HAVE THAT INFORMATION RIGHT NOW, WE WILL ENSURE THAT YOU HAVE IT AND IT'S OKAY.

I DON'T DUNNO THAT WE'LL GET THAT INFORMATION.

I THINK WHAT WE'RE SAYING IS THAT THAT USE WAS, UM, IN PLACE PRIOR TO THAT DEFINITION BEING ADOPTED IN 1957.

YES.

WELL, LET'S START WITH THE AUDIENCE.

COME ON UP.

GOOD EVENING.

GOOD EVENING.

[01:45:02]

FOR THOSE WHO DON'T KNOW ME ALREADY, I'M CAROL WILKE, PRESIDENT OF THE CCO HOME CIVIC ASSOCIATION, AND SOME OF MY NEIGHBORS ARE HERE, UH, AND WILL HOPEFULLY WANT TO SPEAK TO YOU, I MUST SAY, AS AN INTRODUCTION, WELL, PRELIMINARY REMARKS LISTENING TO THIS, IF I SOMETIMES COME ACROSS AS SOMEWHAT STRONG IN SOME OF MY COMMENTS, I'M ONLY REFLECTING MY OWN RAGE AND THE RAGE OF MY COMMUNITY FOR WHAT WE HAVE BEEN EXPERIENCE EXPERIENCING FOR AT LEAST THE LAST 15 YEARS.

AND I'M REALLY VERY HAPPY TO SEE THAT THE BOARD IS PARTICULARLY ENGAGED IN ON THIS ISSUE.

AND I THINK SOME OF MY REPUBLICAN REMARKS MIGHT, WE'LL, WE'LL GIVE YOU THE CONTEXT ON WHICH I'M HOPEFULLY CONVINCING YOU TO SUPPORT THE BUILDING INSPECTOR'S DETERMINATION AND NOT TO GRANT THIS USE VARIANCE.

WITH THAT, GOOD EVENING, MADAM CHAIR AND MEMBERS OF THE, UH, ZONING BOARD.

AS I SAID, I'M CAROL WILL, PRESIDENT OF THE SECO HOME CIVIC ASSOCIATION.

MY COMMUNITY AND I ARE HERE TONIGHT TO SUPPORT THE REGULATORY ACTIONS OF THE TOWN OF GREENBURG'S BUILDING INSPECTOR REGARDING HIS CITATION AND STOP WORK ORDER PERTAINING TO GREAT STEAD GREENHOUSES.

THE GREENHOUSES SIT.

AND, UH, COULD YOU, UH, POST THOSE TWO PICTURES? SURE.

I PARTICULARLY WANT TO SHOW THE, UH, BOARD IN ONE OF THE PICTURES HOW CLOSE OUR HOMES ARE ON JENNIFER LANG TO THESE NOW 38 GREENHOUSES.

WHILE THAT COMES UP, CAN YOU MAKE THAT BIGOT? YES, PLEASE.

NO PROBLEM.

THE GREENHOUSES SIT ADJACENT AND CLOSELY BEHIND THE JENNIFER THE BACKYARDS OF JENNIFER LANE RESIDENCE.

AND FOR MANY YEARS, THE BUSINESS ACTIVITIES OF DALE USED TO BE WESTCHESTER GREENHOUSES, AND NOW IT'S SPLIT BETWEEN WESTCHESTER GREENHOUSES, WHICH OPERATE, UH, OVER ON, UM, WEST HARTSDALE AVENUE AND, AND, UH, HARTSDALE GREENHOUSES, WHICH IS NOW IT'S, WHICH IS AT FOUR 50, UM, SEACO ROAD, AS YOU CAN SEE IN THE, IN THE PHOTO, HOW CLOSE THE BACKYARDS AND THE HOUSES ARE TO THIS REALLY MAMMOTH OPERATION.

NOW I'VE BEEN IN GREEN, UH, HARTSDALE NOW FOR 40 YEARS, AND I USED TO GO DOWN AND BUY SOME PLANTS THERE.

IT WAS AS CLOSE TO THE NEIGHBORHOOD AT THAT POINT.

IT WAS A SLEEPY LITTLE PLACE.

I SAW NO SOIL OR MULCH OR ANYTHING.

I SAW PLANTS AND I BOUGHT THEM.

UM, OTHER RESIDENTS WILL TELL YOU THE SAME THING, BUT IN ANY EVENT, I DON'T KNOW WHAT THAT WAS.

I HAVE OFTEN, WHEN I WALK AROUND THE NEIGHBORHOOD, WE HAVE A NICE LITTLE CUL-DE-SAC, CUL-DE-SAC.

OFTEN WHEN I WALK AROUND THE NEIGHBORHOOD, UM, I I REDIRECT MY WALK WHEN IT'S PARTICULARLY ONEROUS FROM THE ODOR AND THE STENCH OF THE OUTDOOR WOOD BOILERS STENCH.

WE THEREFORE TAKE PARTICULAR NOTE OF ZONING CODE VIOLATION 2 85 36 M ONE, WHICH I THINK ONE OF YOU REFERENCED OFFENSIVE USE REGARDING THE SPEWING OF NOXIOUS OFFENSIVE SMOKE, DUST, ODOR, OR OTHER FORM OF AIR POLLUTION.

SUCH OFFENSIVE USE INCLUDES, QUOTE, DANGEROUS FIRE AND CREATION OF NOISE PERCEPTIBLE BEYOND BOUNDARIES.

OUR COMMUNITY COMMUNITY, HAVING SUFFERED THESE HAZARDS OVER MANY YEARS, HAS REPEATEDLY PETITIONED TOWN AUTHORITIES FOR REDRESS.

THE RECORD IS REPLETE WITH OUR COMPLAINTS IN GENERAL DISTRESS.

I WILL, I WILL REVIEW SOME OF THIS BRIEFLY FOR YOU SO YOU UNDERSTAND THE CONTEXT OF WHICH

[01:50:01]

THE COMMUNITY IS, IS ADDRESSING YOU.

I WOULD URGE THE ZONING BOARD TO TAKE NOTE OF THE APPLICANT'S COUNSEL'S, UH, APRIL 27TH, UH, LETTER, WHICH SHE'S REFERENCED HERSELF.

PAGE THREE, WHICH CONCEDES MANY OF THE ABUSES AND VIOLATIONS CONTAINED IN THE COMMUNITY'S OBJECTIONS AND THE BUILDINGS AND INSPECTORS, UH, CITATIONS IN THIS REGARD.

I WILL ALSO REFER YOU TO MRS. L PRIZE'S JUNE 14TH COMMUNICATION TO YOU, WHICH I BELIEVE YOU HAVE IN YOUR FOLDERS.

UH, WHICH I BELIEVE SHE, IN SOME OF HER LANGUAGE STRIPS AWAY MANY OF THE COUNCIL'S ZONING AND HISTORY ARGUMENTS, INCLUDING HOW LONG THIS OPERATION HAS BEEN IN BUSINESS.

FOR EXAMPLE, MRS. PRIZER AFFIRMS THAT HOMES IN OUR COMMUNITY WERE BUILT BEFORE THE SEACO ROAD PROPERTY WAS EVER PURCHASED BY THE APPLICANT'S FAMILY.

THE COUNCIL'S LETTER SUGGESTS, AS SHE HAS NOTED AS REMEDIATION TO EXISTING ABUSES, TO MOVE WOOD PROCESSING MACHINES, UM, TO START THE HEAVY MACHINERY LATER IN THE MORNING.

UH, THAT'S NICE OF THEM, UH, TO MONITOR THE WIND PATTERNS, TO REDUCE POLLUTANTS.

OH, UH, OUTDOOR WOOD, BOILER STAFF REMEDIATION AND SOME OF THOSE THINGS.

NONE OF THIS WILL WORK AND THE APPLICANT KNOWS IT 'CAUSE WE'VE TRIED IT OVER THE YEARS.

I WILL GIVE YOU THE HISTORY.

IF THE APPLICANTS ARE SUCCESSFUL IN EXPANDING THEIR ILLEGAL BUSINESS THROUGH A USE VARIANCE, ENVIRONMENTAL CONDITIONS WILL ONLY DETERIORATE FURTHER IN OUR COMMUNITY, DIMINISHING OUR QUALITY OF LIFE, ENJOYMENT OF OUR PROPERTY, AND REDUCE PROPERTY VALUES.

NO ONE I REPEAT.

NO ONE WANTS TO LIVE ADJACENT IN SOME CASES 75 TO A HUNDRED FOOT DISTANCE FROM A CONSTANT CONSTRUCTION SITE.

AND THAT'S WHAT IT IS, A CONSTANT CONSTRUCTION SITE WITH, WITH BELCHING CARCINOGENIC SMOKE FROM OUTDOOR WOOD BOILERS.

AND THE STENCH FROM THESE BOILERS AFFECTS THE YOUNG AND THE OLD.

AN 11 YEAR OLD GIRL IN OUR COMMUNITY COMPLAINED ABOUT NOT BEING ABLE TO ENJOY HER SWING IN HER BACKYARD BECAUSE THE AIR IS NOT FRESH.

ANOTHER RESIDENT HAS REPEATEDLY TOLD MULTIPLE NEIGHBORS OF NOT BEING ABLE TO HAVE A FAMILY OVER BECAUSE OF THE FOUL SMELL.

AT TIMES, SHE CALLS THE APPLICANTS WHO SHE KNOWS THEM AND LIKES THEM AND ARRANGES FOR THEM TO REDUCE THE NOISE AND POLLUTION BY LIMITING THE HEAVY MACHINE MACHINERY AND TOXIC SMELLS.

THAT'S VERY NICE, BUT THERE'S NO WAY FOR A COMMUNITY TO HAVE TO DEAL WITH, WITH THIS PROBLEM.

SINCE 2008, THE COMMUNITY HAS REGISTERED COMPLAINTS ABOUT THE STENCH COMING FROM DALE GREENHOUSES AND THE GREENHOUSES FAMILY, NOT THIS YOUNG COUPLE, BUT THE GREENHOUSE'S FAMILY HAS NOT BEEN SHY ABOUT USING INTIMIDATION METHODS TO CHILL OUR SPEECH.

IN NOVEMBER, 2008, IN DECEMBER, 2009, I RECEIVED LETTERS FROM THEIR THEN ATTORNEY THREATENING LEGAL ACTION IF I CONTINUE TO SPEAK OUT UP FOR MY COMMUNITY REGARDING THE SMOKE CONDITIONS.

ONE OF OUR NEIGHBORS WHO'S HERE TONIGHT, WAS ACTUALLY SUED BECAUSE HER PARTNER IS AN ENGINEER AND HE, HE PUT TOGETHER A, YOU KNOW, A VERY NICE REPORT.

SO THEY ACTUALLY SUED HIM UNTIL WE GOT THE TOWN TO USE ITS GOOD OFFICES TO, UH, TO OBTAIN A DISCHARGE ON JUNE 18TH, 2008.

UM, I APPEAR BEFORE THE C B A OBJECTING TO THEN C B A OBJECTING TO THE FAMILY'S REQUEST FOR A USE VARIANCE TO STORE, UH, TRUCKS ON THE PROPERTY.

THE TRUCKS WERE NOISY AND POLLUTING AND FLOODLIGHTS IN THE EVENING WERE BEAMING INTO THE NEIGHBORING HOMES.

WE ALSO NOTED THAT NO FINANCIAL DATA REGARDING THE REASONABLE RETURN CRITERIA HAD BEEN SUBMITTED, HAD BEEN SUBMITTED IN AUGUST, 2009.

THE APPLICATION WAS WITHDRAWN, AND I THINK THAT'S REFERENCED IN THE BUILDING INSPECTOR'S, UH, CORRESPONDENCE, UH, ON FIVE 11.

ON FIVE, YEAH, 5 3 11.

THE TOWN ADOPTED A RESOLUTION, UH, ENTITLING WESTCHESTER GREENHOUSES TO RUN THE FARMER'S MARKET WITH CERTAIN CONDITIONS,

[01:55:02]

ONE OF WHICH WAS TO WORK WITH THE TOWN AND US, THE COMMUNITY TO QUOTE, PHASE OUT AND REPLACE THE USE OF WOOD BURNING BOILERS AT FOUR 50 C CORPS, UH, WITH GREEN TECHNOLOGY AT THE JUNE 22ND TOWN BOARD MEETING, UH, THAT YEAR, 2011, I NOTED THE REFUSAL OF THE GREENHOUSES TO MEET WITH THE COMMUNITY AND TOWN TO ADDRESS THE OUTDOOR BOILER ISSUE.

CONSIDERING THE RECENT MASS POLLUTION EVENT EXPERIENCED BY THE NORTHEAST, PEOPLE ARE MORE AWARE OF THE EXTREMELY HARMFUL EFFECTS OF PARTICULATE MANNER ENTERING THE LUNGS AND OBSTRUCTING THE AIRWAVES.

OUTDOOR WOOD BOILERS, WHICH HARD STILL GREENHOUSES STILL HAS AND USES, ARE INHERENTLY UNSAFE.

THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION HAS DOCUMENTED THE HARM THAT THESE EMITTING POLLUTANTS CAUSED WOULD SMOKE INTERFERES WITH NORMAL LUNG DEVELOPMENT IN INFANTS AND CHILDREN TAKE A TOTAL OF WATER.

IT CAME UP HERE ONCE WITHOUT WATER AND I REGRETTED IT.

UH, UM, THE SMOKE INCREASES THE CHILDREN'S RISK OF LOWER, UH, UH, LOWER RESPIRATORY INFECTIONS, UH, SUCH AS BRONCH, BRONCHITIS, AND, UH, PNEUMONIA.

WE HAVE HAD MANY NEW, NEW BABIES AND YOUNG CHILDREN IN OUR COMMUNITY.

AS YOUNG, YOUNG COUPLES ARE MOVING INTO OUR COMMUNITY AND RENEWING IT, WHICH IS, WHICH IS NICE, THEY SHOULD NOT HAVE TO DEAL WITH THESE CONTAMINANTS FROM A NON-CONFORMING PROPERTY RUNNING BASICALLY AN ILLEGAL BUSINESS.

RATHER, ALL OUR RESIDENTS HAVE THE RIGHT TO ENJOY THE PROPERTY AND TO BREATHE CLEAN AIR.

AND I WOULD LIKE TO DO AWAY WITH THE SHI THAT I'VE BEEN HEARING OVER AND OVER AGAIN, YOU KNOW, NOT FROM THIS BOARD, THAT WE ARE NOT SUPPORTING A SMALL BUSINESS.

OH, CAN YOU CHANGE THAT SO THEY CAN SEE IT ROTATE.

OKAY.

HOT STILL.

GREENHOUSES HAD LO HAS LONG AGO MOVED AWAY FROM ITS HUMBLE BEGINNINGS.

IT IS TODAY A HEALTHY ORGANIZATION.

I HAVE MAMMOTH HERE, BUT MAYBE THAT'S AN OVERSTATEMENT.

UM, WHICH OVER THE YEARS, TESTED OUT ONE ILLEGAL BUSINESS AFTER ANOTHER STORAGE OF TRUCKS AND CARS CREATING FLAMMABLE HAZARD CONDITIONS, RENTAL OF GREENHOUSES FOR NONE AGRICULTURAL PURPOSES.

UH, THAT'S, UH, IN 2020, HEAVY EQUIPMENT OPERATING ON PROPERTY WITHOUT PERMITS AND HIGH STORAGE OF COMBUSTIBLES THROUGHOUT THE PROPERTY.

THAT'S 2021.

THE DEPARTMENT OF PUBLIC WORKS.

ADDITIONALLY, I'M INFORMED THAT ONLY FIVE OF THE EXISTING 38 GREENHOUSES ON THE PROPERTY HAVE PERMITS.

HOSTILE GREENHOUSES ARE NO LONGER IN AGRICULTURAL WORK.

THEY ARE IN WHAT APPEARS TO BE HEAVY MANUFACTURING WITH WOOD BROUGHT IN FROM OUTSIDE SOURCES, PROCESSED WITH CHEMICALS AND OTHER IRRITANTS.

MUCH OF IT CARRIED INTO THE AIR IN OUR COMMUNITY.

THEY HAVE A UNITED STATES DEPARTMENT OF TRANSPORTATION.

UM, CARGO LICENSE FOR DELIVERIES UNDER GENERAL FREIGHT, NOT CHECKED OFF IS AGRICULTURAL FARM CARGO.

AND I CAN UNDERSTAND WHY THEY DON'T NECESSARILY ADVERTISE THIS 'CAUSE THEY'RE ASSESSED WHERE THEY, UM, RECEIVE, UM, SPECIAL TAX EXEMPTIONS ONLY APPLY TO AGRICULTURAL FARM, AND IT IS ALLEGED.

BUT I'VE HEARD OVER THE, UH, FROM THE SCUTTLE, BUT THAT DURING THE DIVISION OF THE PROPERTY, ONE CHILD GOT ONE THING AND ONE CHILD GOT ANOTHER, AND THERE WERE CERTAIN AGREEMENTS, ET CETERA, BUT I DON'T REALLY HAVE THE INFORMATION ON THAT.

IT'S THE SCUTTLE BUT OF THE NEIGHBORHOOD.

IT IS MY UNDERSTANDING THAT OVER THE YEARS, UNDER PREVIOUS BUILDING INSPECTORS, SITE VISITS TO THE PROPERTY WAS SCHEDULED, MEANING THEY CALLED THEM AND SAID WE'RE COMING OVER.

UM, THIS ALLOWED THE OWNERS TO TURN OFF OFFENDING MACHINERY AND OUT OUTDOOR BOILERS.

BUT AT THE JANUARY, AND THIS IS IMPORTANT, IF YOU PLEASE LISTEN TO THIS AS YOU ARE LISTENING TO EVERYTHING, I'M

[02:00:01]

SURE.

BUT AT THE JANUARY 24TH, 2023 TOWN BOARD WORK SESSION, UH, MR. FRANK MORABITO, OUR CURRENT BUILDING INSPECTOR, SPOKE OF AN, OF AN UNANNOUNCED, UNANNOUNCED SITE VISIT IN DECEMBER, 2022 OR, OR THEREABOUTS, I DON'T HAVE THE EXACT DATE.

2 4 50 SECOUR ROAD.

HE WAS ACCOMPANIED BY REPRESENTATIVES OF THE DALE FIRE DEPARTMENT, THE TOWN ENGINEER, THE NEW YORK REPRESENTATIVE OF THE NEW YORK STATE DEPARTMENT OF, UM, ENVIRONMENTAL CONSERVATION, AND THE WESTCHESTER COUNTY SOLID WASTE COMMISSION.

BASED ON THAT VISIT, HOT STEEL GREENHOUSES WERE SHUT DOWN FOR CONDUCTING AN ILLEGAL TRANSFER AND WOOD PROCESSING CENTER AND A STOCK WORK ORDER WAS ISSUED.

THE FIRE DEPARTMENT REPRESENTED, OFFERED THE FOLLOWING, FOLLOWING INFORMATION TO THE BUILDING INSPECTOR.

THAT QUOTE, AND THIS IS ALL ON THE VIDEO THAT YOU CAN SEE YOURSELF JANUARY 24TH WORK SESSION.

IT'S ABOUT SEVEN MINUTES IN A FORMER BUILDING INSPECTOR TOLD THEM THEY WILL NOT, THEY WILL TAKE CARE OF ALL THE FIRE INSPECTIONS AND CODE INFECTION, UH, CODE ENFORCEMENT UP THERE, MEANING FOUR 50 ACCORDINGLY, A FIRE INSPECTION HAS NOT BEEN DONE IN YEARS OR MID DECADES.

ON THAT DAY, THE GROUP FOUND, QUOTE, LARGE AMOUNTS OF MOST SMOLDERING ACTUALLY ON FIRE AT THE BACK OF THE DRIVE, UH, DRIVING RANGE AND NEXT TO RESIDENCES.

THAT'S, UH, WAS THE, I'M SORRY, I'M SPEAKING TO, I CAN, EXCUSE ME.

UH, MR. DENATE, YOU GOTTA YOU CAN'T DO THAT.

I APPRECIATE IT.

I APOLOGIZE.

NO, YOU WANNA GO HOME? YOU CAN JUMP ON THE ZOOM AND THEN YOU CAN, YEAH, IF YOU WANNA SAY ANYTHING PARTICULARLY, IT'S ON OUTSIDE.

UH, SO THERE WAS A, THERE WAS A SSM MULCH PILE THAT THE FIRE DEPARTMENT WAS ON SITE ABOUT, AS IT HAS BEEN QUOTE YEARS SINCE THE FIRE DEPARTMENT HAS BEEN OUT THERE, QUOTE UNQUOTE, THE BUILDING INSPECTOR ADVISED THE FIRE DEPARTMENT TO RESUME ALL INSPECTIONS.

THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ALSO ISSUED A SUMMONS, SUMMONS FOR CONDUCTING A WOOD TRANSFER STATION WITHOUT A LICENSE.

AND I THINK, UH, GARRETT, THAT'S PART OF THE ISSUE TOO.

BEFORE THE BOARD, UM, THE BUILDING INSPECTOR, OUR BUILDING INSPECTOR IS REALLY IMPLEMENTING NEW YORK STATE LAW 'CAUSE OF WOOD PROCESSING OR TRANSFER STATION HAS TO GROW THE WOOD, HARVEST THE WOOD, AND IT IS IN THE, IN THE SUMMONS, UM, PROCESS THE WOOD AND I GUESS SELL THE WOOD.

I I HAVE A, A COMMENT LATER ON IN MY, RECENTLY I WANTED TO SEE WAS THE, UM, THE DISPOSITION WAS OF THE, THE D E C SUMMONS.

I CONTACTED THE WESTCHESTER COUNTY COURT AND SPOKE TO ASSISTANT DISTRICT ATTORNEY CICERO.

SHE ADVISED THAT THE D E C VIOL VIOLATION WAS ADJOURNED FOR A YEAR IN CONTEMPLATION OF DISMISSAL, MEANING THEY EXPECT HOT SALE GREENHOUSES TO COME INTO COMPLIANCE AND THEN THEY WOULD DISMISS IT.

BUT IF THEY DON'T, THE NEW YORK STATE REGS SAY THAT THE TRANSFER STATION HAS TO GROW THE WOOD HARVEST, THE WOOD, ET CETERA.

THEY ARE NOT DOING THAT.

THEY ARE NOT GROWING IT OR HARVESTING IT AS THEY SAY.

I ASSUME THE DISMISSAL OF THE CASE WOULD BE DEPENDENT ON, WELL, I JUST TOLD YOU NOW, HOSTILE GREENHOUSES DOES NOT GROW OR HARVEST WOOD AND THUS FAILS THE CRITERIA.

I WILL, I ASSUME THAT THE C B A DECISION ON THIS ISSUE COMPLIES WITH NEW YORK STATE AS WELL AND WOULD, AS WOULD ANY FUTURE D E C COURT DISMISSAL.

I HAVE ALSO HAD PERSONAL EXPERIENCE IN DEALING WITH THE SMOKE CONDITIONS CREATED BY DALE GREENHOUSES.

THE MOST RECENT WAS ON MARCH 31ST AT ABOUT 9:30 PM ALL MY WINDOWS WERE CLOSED.

I'M ON JEAN LANE, I'M LIKE A BLOCK AWAY.

WE'RE A CUL-DE-SAC.

ALL MY WINDOWS WERE CLOSED, AND I BEGAN SMELLING A PARTICULARLY ACCURATE ODOR, WHICH I HADN'T SMELLED BEFORE, WHICH SEEPED IN, INTO MY WINDOWS.

DESPITE BEING SEALED, I DECIDED TO WALK DOWN TO JENNIFER LANE, EVEN WITH MY N 95 MASKS, A CONFLUENCE OF VERY POTENT CHEMICAL LIKE SMELLS WERE EVIDENT AT THE INTERSECTION OF JEAN AND

[02:05:01]

JENNIFER LANES.

I COULD NOT STAY THERE FOR ANY LENGTH OF TIME.

UNFORTUNATELY, THAT IS THE EXACT SPOT WHERE PARENTS AND CHILDREN GATHER EVERY, EVERY DAY, TWICE A DAY, PUT THEIR CHILDREN ON THE SCHOOL BUS AND TO RECEIVE THEM WHEN THEY COME HOME FROM SCHOOL.

I, I HAVE A MOTHER HERE TONIGHT WHO WILL SPEAK TO THAT.

FINALLY, THERE IS LITTLE EVIDENCE OF THE APPLICANT MEETS ANY OF THE FOUR CRITERIA UPON WHICH THE C B A MAKES ITS DECISION ON GRANTING A USE VARIANCE REASONABLE RETURN.

THE APPLICANT FAILS TO PROVIDE COMPETENT FINANCIAL EVIDENCE.

THE APPLICANT HAS NOT PROVIDE INFORMATION TO DEMONSTRATE THAT A REASONABLE RETURN CANNOT BE REALIZED FOR EACH OF THE PERMITTED USES IN THE ZONINGS, UH, DISTRICT, WHICH IS R 10, AND I BELIEVE IT'S R 30 IN THE BACK.

BUT I, THAT'S WHAT I, YOU KNOW, I WAS TOLD JUST PROVIDING AN UNORDERED STATEMENT OF PROFIT AND LOSS FAILS THE REGULATORY USE STANDARD AS WELL AS THE DOLLAR SENSE PROOF REQUIRED.

AND ON THE QUESTION YOU HAD THE QUESTION ABOUT HOW MUCH FOR, UM, UH, WOOD AND HOW MUCH, UH, FOR, UM, PLANTS.

I HAD A TREASURER, A FORMER TREASURER, LOOK AT THE, WHAT THEY DID HAVE IN THEIR APPLICATION, AND HE SAID THAT YEAR THERE WAS 85% PROFIT, 85% REVENUE FOR WOOD, AND ONLY 15% FOR CLAIMS. UH, UNIQUE CIRCUMSTANCES.

HOW CAN, HOW CAN THE APPLICANT SUGGEST THAT THEY ARE UNIQUE? BECAUSE THEY HAVE ENGAGED IN AN ILLEGAL ACTIVITY FOR A PERIOD OF TIME? IT APPEARS THAT THE WOOD PROCESSING ODORS AND NOISE BEGAN WITHIN THE LAST 10 YEARS OR SO, AROUND 2000, AROUND 2000 8 0 9.

THE FAMILY PATRIARCH TRIED DIFFERENT SORTS OF NON-CONFORMING USES UNTIL THE TOWN SHOWED UP.

AND AT THE COMMUNITY'S BEHEST, THEY STOPPED IT.

THEN WITHIN THE LAST THREE YEARS OR SO, THE WOOD PROCESSING BUSINESS INCREASED.

THAT IS TO SAY THAT IF YOU COULD CREATE YOUR OWN UNIQUENESS, HOW COULD YOU MEET THE C B A STANDARD? AGAIN, MRS. PRICER IS MORE TUNE IN TUNE WITH THESE TYPES OF, UH, ZONING, UH, DECISIONS.

SO I I HOPE YOU GIVE HER A LETTER, A, A GOOD READ.

AND SHE REBUTS THE APPLICANT'S COUNSEL.

THE ATTENTION THAT THIS BUSINESS STARTED BEFORE THE HOUSES ON JEAN JENNIFER AND BARBARA LANES WERE BUILT.

UM, I BELIEVE MY HOUSE WAS BUILT IN 1953.

AND THE PETITIONER, THE APPLICANTS TALK ABOUT A 1955, UM, UH, I THINK, UH, ASSUMPTION OF THE PROPERTY SELF-CREATED HARDSHIP.

THE BUSINESS WAS NOT OPERATING SINCE 1955.

AGAIN, SEE, MRS. PRICE'S, UH, COMMUNICATION, THE FAMILY PA PATRIARCH DIED IN 2010.

BOTH THE GREENHOUSES SITES ON WEST HOSPITAL AVENUE AND SECO ROAD WERE OPERATING AS A SINGLE ENTITY.

THE ESTATE SETTLEMENT DIVIDED THE PROPERTY SERING A SUCCESSFUL BUSINESS AND APPARENTLY ENTERING INTO A NON-COMPETITIVE ARRANGEMENT, MOST IMPORTANTLY, THE BUILDING INSPECTOR.

AND THIS IS IMPORTANT IN HIS, FOR THIS PARTICULAR, UH, TE, UH, TEST THAT YOU APPLIED IN HIS JUNE 2ND, 2023 APPLICATION RESPONSE TO THE C B A, WHICH YOU HAVE REFERENCES.

A JANUARY 13TH, 2023 MEETING WITH ONUS APPLICANTS AND THEIR ATTORNEY.

IT STATES, QUOTE, MRS. A VILLA REPRESENTED THAT SHE AND HER HUSBAND DECIDED TO ABANDON THE GROWING AND SELLING OF PLANTS BECAUSE IT WAS NOT PROFITABLE.

AND INSTEAD OPTED TO MOVE FROM AGRICULTURAL USE TO IMPORTING TREE LOGS HARVESTED OFFSITE FOR PURPOSE OF PURPOSES OF ONSITE PROCESSING BY SPLITTING, SEASONING, GRINDING, AND MULCHING FOR RESALE.

ACCORDINGLY, THE HARDSHIP WAS SELF-CREATED AND FAILS.

THE C V A TEST FOR OBTAINING A USE VARIANCE, FINALLY, ESSENTIAL CHARACTER OF THE NEIGHBORHOOD.

THE WHOLE TENOR OF MY REMARKS HAS SHOWN THAT THIS APPLICANT HAS NOT ONLY ESTABLISHING, RAN A NON-CONFORMING BUSINESS, BUT HAS CREATED FUMES, ODORS, NOISE, AND GENERAL HAVOC IN OUR COMMUNITY.

AND THEIR COUNCIL'S SUGGESTION THAT THE APPLICATION HAS THE SPORT OF THE COMMUNITY IS

[02:10:01]

ODIOUS TO THE EXTREME.

AN EXAMPLE IS EXHIBIT E, WHICH COUNSEL SEEMS TO TOUT LETTERS OF SUPPORT.

IT PURPORTS TO SHOW MASSIVE COMMUNITY SUPPORT OR A GOOD LEVEL OF COMMUNITY SUPPORT FOR THIS APPLICATION.

OF THE 30 OR SO LETTERS INCLUDED IN THE APPLICATION MOST ARE FROM THEIR BUSINESS ASSOCIATES OR VENDORS, CONTRACTORS OUTSIDE OF OUR COMMUNITY.

ABOUT 18, THEY RESERVE, THEY COME FROM YONKERS WHITE PLAINS.

AND YOU CAN SEE, YOU KNOW, IN THE APPLICATION, HASTINGS WEST HARRISON, IRVINGTON, UPSTATE NEW YORK DOS FERRY OR OUTSIDE THE SE L HOMES AREA, OVER 75% OF THE HOMES ON JEAN JENNIFER AND BARBARA LANE DID NOT SIGN THE OWNER'S PETITION AND THEREFORE DID NOT ENDORSE OVERTURNING THE BUILDING INSPECTOR'S DECISION OR CONSENT TO THIS APPLICATION FOR A USE VARIANCE.

IN TALKING SUB SUBSEQUENTLY WITH A COUPLE OF MY NEIGHBORS, NONE OF THEM WHO HAD SIGNED THE APPLICATION, THEY DID NOT UNDERSTAND THE IMPLICATIONS CONTAINED IN THE PETITION AND REGRETTED AFFIX THEIR SIGNATURES IN CON IN CONCLUSION, I'M SURE YOU'RE ALL GLAD TO HEAR THAT CCO HOMES BELIEVES THIS APPLICATION FAILS IN BEFORE TESTS THAT C P A APPLIES FOR GRANTING A USE VARIANCE.

WE FULLY SUPPORT THE BUILDING INSPECTOR'S INTERPRETATION OF THE ZONING CODE AND TRUST THE C B A WILL AGREE TO DO OTHERWISE WOULD CONSIGN OUR COMMUNITY TO UNSAFE AIR AND A REDUCED QUALITY OF LIFE FOR THE FORESEEABLE FUTURE.

UH, I THANK YOU SO MUCH FOR LISTENING AND FOR YOUR COURTESY.

THANK YOU.

NOW YOU CAN ALL GO HOME, NOT YET IF YOU HAVE ANY QUESTIONS, BUT I'D LIKE SOME OF, A COUPLE OF MY NEIGHBORS TO COME UP HERE.

ALL RIGHT.

PARENTS CHAIR, CAN I, YEAH, WE'RE NOT GONNA, UM, I APOLOGIZE.

THEY MAY HAVE QUESTIONS FOR YOU FIRST.

OH, I, I, I THOUGHT I ASKED ANY QUESTIONS.

SORRY, WHAT I ASKED? NO, JUST IN TERMS OF ORDER.

I DO THINK THIS GENTLEMAN WANTED TO GO NEXT COURSE.

THAT'S ALL.

YEAH, SORRY, I DIDN'T, I I, MY NAME IS MURRAY BOWDEN.

LAST SUNDAY WAS MY BIRTHDAY.

I'M 90 YEARS OLD, SO IF I MAKE MISTAKES, PLEASE SPEAK UP AND CORRECT ME.

UM, I'M NOT AS SHARP AS I USED TO BE.

YOU HAVE A VERY DIFFICULT POSITION AS THIS BOARD BECAUSE THE WORLD IS CHANGING SO RAPIDLY.

RIGHT UP THERE IS AN EXIT SIGN AND IT'S RED.

SHE GAVE RED USED TO MEAN STOP, BUT NOW THE NEW EXIT SIGNS ARE GREEN, WHICH MEANS GO.

WE LIVE WITH THAT.

THAT'S BEEN THERE FOREVER.

BUT THE WORLD HAS CHANGED.

I JUST CAME FROM THE BATHROOM WHERE IT SAYS, WAIVE YOUR HAND HERE TO GET THE PAPER OUT.

BUT IT'S BEEN REPROGRAMMED.

THE PAPER'S ALREADY OUT AND AFTER YOU TEAR THE PAPER OFF, IT COMES OUT AUTOMATICALLY.

SOMEBODY REALIZED THAT YOU DIDN'T HAVE TO WAIT.

YOU JUST COULD REPROGRAM IT.

FOR YEARS AND YEARS, I HAD A HOUSE AND I HAD A WOODBURN STOVE, AND IT HAD A CATALYTIC CONVERTER IN IT.

MOST COUNTRIES IN THE WORLD ARE NOW IN THE PROCESS OF BANNING THE BURNING OF WOOD ENTIRELY.

THERE WILL BE NO MORE BURNING OF WOOD IN ENGLAND ANYWHERE.

MY CARD SAYS TRUST NOTHING.

I SAY, CHECK IT OUT YOURSELF.

THERE'S NO REASON FOR YOU TO BELIEVE ANYTHING I SAY.

BUT THE INTERNET THAT THERE ARE MANY COUNTRIES IN THE WORLD THAT ARE BANNING WOOD BURNING ENTIRELY, THE STOVES AND THE WOOD THAT THEY'RE BURNING THERE.

WE JUST WENT THROUGH A WHOLE THING IN GREENBURG ABOUT LEAF BLOWERS AND A POLLUTION CAUSED BY THOSE MOTORS.

HERE YOU HAVE UNREGULATED WOOD BURNING HEALTH WISE.

SO YOU HAVE TO CREATE CREATIVELY A WAY SAYING YOU NO LONGER CAN MAKE FIREWOOD, BECAUSE WE KNOW FIREWOOD IS DETRIMENTAL TO OUR HEALTH.

AND THE ISSUE IS DON'T BRING IT IN FROM SOMEWHERE ELSE.

DON'T EVEN CUT IT UP, CUT, GRINDING IT UP IN A TUB GRINDER, WHICH THE TOWN DOES, AND

[02:15:01]

MAKE MULCH OUT OF IT, WHICH THEN IS DISTRIBUTED TO US, SAVES IT.

THERE'S NOTHING WRONG WITH MAKING MULCH, BUT THERE IS EVERYTHING WRONG WITH MAKING FIREWOOD.

IT'S ONLY A MATTER OF TIME BEFORE IT WILL BE COMPLETELY BANNED HERE TO BURN WOOD AT ALL.

AND FOR YOU TO CRAFT SOMEHOW A REGULATION.

AND IT MAY HAVE TO BE DONE IN A KIND OF A DIFFERENT WAY.

IT WAS SOME GUY NAMED AL CAPONE YEARS AGO WHO WAS MURDER INCORPORATED AND THEY COULDN'T GET HIM FOR THE MURDERS, BUT THEY GOT HIM FOR INCOME TAX ATION.

AND SOMETIMES YOU HAVE TO CREATE A SOLUTION THAT'S A LITTLE BIT NEW.

IT'S HAPPENING ALL OVER THE WORLD.

YOU FIGURED IT OUT WITH LEAF BLOWERS, YOU FIGURED IT OUT WITH OTHER THINGS.

ALL OF THESE LIGHTS ARE L E D LIGHTS.

HOW COME? BECAUSE THE WORLD CHANGED.

THEY HAVEN'T BEEN CHANGED HERE YET.

THEY WILL BE.

UH, I WISH YOU WELL IN A VERY DIFFICULT, YOU HAVE A VERY DIFFICULT SITUATION, HOW TO CREATE AND CRAFT NEW RULES AND REGULATIONS AGAINST A BOOK THAT'S BEEN WRITTEN 20 YEARS AGO FOR A WORLD THAT NO LONGER EXISTS.

SO I WISH YOU WELL AND PLEASE BE CREATIVE AND FIGURE OUT HOW TO SOLVE THE PROBLEMS OF THE FUTURE GENERATIONS.

THE ORGANIZATION I REPRESENT IS CALLED CONCERNED GRANDPARENTS, GRANDPARENTS ALL OVER THE WORLD.

HELP ME.

I COULDN'T DO THIS ALONE.

I HAVE HELP.

THANK YOU.

NEXT.

HI THERE.

I'M ERIN MORIARTY.

I LIVE ON JENNIFER LANE.

I'M THE BUS STOP MOM THAT CAROL MENTIONED EARLIER.

UM, FIRST OF ALL, I DON'T KNOW IF YOU CAN BRING UP THE FIRST PICTURE THAT CAROL HAD TO BRING UP THAT SHOWED JUST HOW CLOSE NOW HARTSDALE GREENHOUSES IS TO OUR HOMES.

SURE, THANK YOU.

OKAY.

YOU COULD SEE MY HOME IN THAT PICTURE.

I LIVE BASICALLY AT THE BUS STOP FOR THE NEIGHBORHOOD AT THE CORNER OF JEAN AND JENNIFER.

AND I CAN TELL YOU THAT THERE ARE MANY TIMES, MANY MORNINGS WHERE MY SON WON'T GO OUTSIDE.

WE SMELL IT INSIDE.

WE KNOW WHAT WE'RE GOING TO, I WALK OUT OF MY HOUSE AND WHAT DO I SEE? BUT BELCHING SMOKE COMING INTO OUR NEIGHBORHOOD.

AND THIS ISN'T THE FIRST TIME I'VE SPOKEN TO THE TOWN ABOUT IT.

I SPOKE TO THE TOWN ABOUT IT, UM, WHEN MY SON WAS VERY YOUNG AND BASICALLY BEGGED FOR HELP FOR OUR HEALTH.

THAT WAS 13 YEARS AGO.

AND I'M HERE AND MY SON IS 13 YEARS OLD AND NOTHING HAS BEEN DONE ABOUT IT AND I AM BEGGING AGAIN.

BASICALLY WHAT THAT PICTURE THERE DOES NOT SHOW YOU IS THAT WESTCHESTER GREENHOUSES IS AT A LOWER ELEVATION THAN OUR NEIGHBORHOOD.

SO THE TOPS OF THEIR SMOKE STACKS ARE STREET LEVEL WITH OUR HOMES.

SO WHEN THOSE ARE ON AND BELCHING SMOKE, THE SMOKE COMES DIRECTLY INTO OUR HOMES.

NOW I KNOW ONE OF THE MITIGATION THOUGHTS WAS TO LOWER THE HEIGHT OF THOSE.

I FAILED TO SEE HOW THAT WILL HELP, BECAUSE AS WE KNOW FROM THE CANADIAN WILDFIRES, MOTHER NATURE FINDS A WAY TO GET SMOKE PLACES AND IT WILL JUST PERMEATE THE WAY IT PERMEATES US NOW.

IN FACT, WE ALL HAD OUR WEATHER APPS TELLING US HOW DANGEROUS IT WAS TO GO OUTSIDE.

MY, BOTH OF MY WEATHER APPS, IN FACT LIKENED THE DANGER TO THE PARTICLES THAT ARE EMITTED FROM SMOKE STACKS.

SO THE STATE WAS TELLING US NOT TO GO OUTSIDE.

OUR APPS WERE TELLING US NOT TO GO OUTSIDE BECAUSE OF WHAT THE SMOKE STACKS DO TO US.

AND I CAN TELL YOU THAT IT'S MORE THAN IN A FOUR MONTH WINDOW.

I HAVE EXPERIENCED IT IN ANY TYPE OF COLD WEATHER, POORLY, VERY POORLY.

I HAVE VIDEOS OVER YEARS AND YEARS AND YEARS SINCE MY SON WAS BORN SHOWING THE BELCHING SMOKE COMING INTO OUR NEIGHBORHOOD.

UM, I THINK THAT THERE JUST SIMPLY HAS TO BE A BETTER WAY TO HEAT WHATEVER NEEDS TO BE HEATED OVER THERE.

IT CAN'T BE SMOKE ANYMORE, IT JUST CAN'T.

SO WHILE THE MI MITIGATION FACTORS DISCUSS, TEND TO, UM,

[02:20:01]

SUGGEST A BETTER ATTITUDE THAN WE'VE EXPERIENCED FROM OUR NEIGHBORS THERE IN THE PAST, UH, I SIMPLY DON'T SEE HOW THEY'RE GOING TO HAVE US BREATHE CLEAN AIR MOST OF THE TIME WHEN WE DON'T.

MOST OF THE TIME, LIKE CAROL SAID EARLIER, I KNOW WHEN IT'S A TERRIBLE SMOKY DAY BEFORE I LEAVE MY HOME BECAUSE IT'S INSIDE MY HOME JUST THE WAY IT IS IN MANY OF OUR OTHER NEIGHBORS.

SO THANK YOU VERY MUCH FOR LISTENING.

AND I ALSO WOULD LIKE TO THANK MY NEIGHBORS FOR LETTING ME GO FIRST BECAUSE MY SON IS HOME AND, UM, HE'S BEEN HOME FOR A LITTLE TOO LONG.

OKAY, THANK YOU VERY MUCH.

OH, DO YOU HAVE QUESTIONS? UM, WHEN YOU SAY THE SMOKE AND THE SMELL, I DON'T KNOW IF YOU CAN IDENTIFY IT OR NOT.

IS IT FROM THE MACHINERY OR FROM THE BURNERS? NO, IT'S THE BURNERS.

I I LITERALLY STAND IN MY DRIVEWAY.

I WALK OUT OF MY HOME THROUGH MY CARDBOARD STAND AT THE TOP OF MY DRIVEWAY AND I SEE THE TOP OF A SMOKESTACK, BELCHING SMOKE INTO OUR NEIGHBORHOOD.

AND, AND THAT'S ONLY ONE OF THE SMOKESTACKS.

SO THEY WERE TALKING ABOUT THE SMOKESTACKS BEING USED AS ONLY A FAIL SAFE FOR THE OIL.

WELL, THE OIL REALLY MUST NEVER WORK GIVEN THE FREQUENCY THAT I EXPERIENCE OF EXPERIENCE OF THOSE THINGS HAPPENING.

AND IT'S DEFINITELY OUTSIDE OF THAT MAY, UH, FEBRUARY TO MAY WINDOW AS WELL.

HOW MANY SMOKESTACKS DO YOU SEE? UM, I CAN SEE, WELL, JUST STANDING IN MY DRIVEWAY I COULD SEE TWO.

BUT IF YOU WANNA, I WOULD SUGGEST THAT YOU COME OUT AND LOOK FOR YOURSELVES BECAUSE IF YOU WERE TO WALK ALONG, UM, IT'S HARD TO SEE NOW BECAUSE THE LEAVES ARE IN.

BUT WHEN THE LEAVES ARE NOT ON THE TREES, IF YOU WERE TO WALK ALONG JENNIFER LANE ESPECIALLY, UH, YOU WOULD SEE AN UNBELIEVABLE AMOUNT OF SMOKESTACKS.

NOW AGAIN, MAYBE THEY'RE NOT ALL BEING USED, BUT I GOTTA TELL YOU, IT'S NOT LIKE A CHIMNEY THAT WOULD BE ONE HELL OF A CHIMNEY THAT WOULD PRODUCE THAT MUCH SMOKE.

AND I'M JUST FOLLOWING UP, UM, TRYING TO MERGE THE QUESTIONS FROM THERE.

WHEN THE NOISE IS DISCUSSED, WHAT, WHAT IS THE NOISE ISSUE? 'CAUSE THERE AREN'T ANY MEASUREMENTS THAT WE, THAT HAVE BEEN BEEN PROVIDED TO US.

WHAT IS IT, WHEN IS IT, I MEAN, YOU'RE MENTIONING THE WORD NOISE WITHOUT CONTEXT OR DEFINITION.

UM, I DID NOT MENTION THE WORD NOISE.

RIGHT, OKAY.

SO NOISE IS NOT SOMETHING THAT'S YOUR ISSUE.

RIGHT, EXACTLY.

I THINK OTHER NEIGHBORS OF MINE CAN SPEAK TO THAT ISSUE AS KEN CARROLL.

UM, I, MY PRIMARY FOCUS IS COMMUNITY HEALTH AND THE HEALTH OF MY FAMILY AND MY CHILD DUE TO THE SMOKE THAT WE BREATHE IN ALL THE TIME.

UH, NOW THE NOISE WE CAN HEAR NOW AND AGAIN.

UM, BUT, AND I ASSUME THAT'S FROM THE MACHINERY THAT'S THERE, BUT I BELIEVE CAROL CAN SPEAK TO THAT IN MUCH MORE DETAIL THAN I CAN.

HOW LONG HAVE YOU LIVED THERE? I HAVE LIVED THERE SINCE 2002.

AND HOW WOULD YOU COMPARE THINGS THEN AS TO WHAT THEY ARE NOW? UM, I HAVE TO SAY WE DIDN'T NOTICE THE SMOKE UNTIL MAYBE A COUPLE OF YEARS BEFORE MY SON WAS BORN.

SO MAYBE 2007, 2008.

HE WAS BORN IN 2009.

AND, UH, TO BE HONEST, I'VE ONLY NOTICED IT GET WORSE AND MORE OFTEN OVER THE YEARS.

OKAY.

THANK YOU.

GOOD EVENING.

MY NAME IS LISA CAROLINE.

I LIVE ON BARBARA LANE.

I'VE LIVED IN MY HOME, WHICH I LOVE.

I LOVE MY NEIGHBORHOOD.

SINCE 1969, THERE WAS NO SMELL OF SMOKE FOR MANY YEARS.

THERE WAS NEVER AN ISSUE.

MORE RECENTLY IN THE LAST 10 TO 15 YEARS, MY NEIGHBORS ARE SUGGESTING OR REMEMBERING RATHER, THAT IT'S BEEN ABOUT 15 YEARS.

AND I RECALL IT ABOUT THAT AT ABOUT THAT TIME IT STARTED, AND IT HAS GOTTEN WORSE.

I HAD A LITTLE DOG THAT I USED TO LET OUT IN THE BACKYARD, AND THERE WAS ONE NIGHT I COULD NOT LET HIM OUT.

THE SMOKE WAS SO THICK, IT WAS SIMILAR TO WHAT WAS GOING ON THE OTHER DAY WITH THE WILDFIRES IN MY NEIGHBORHOOD.

I DON'T KNOW, THE AIR QUALITY DIDN'T MEASURE THAT.

I DIDN'T EVEN KNOW ABOUT IT, BUT I COULD NOT LET MY DOG OUT BECAUSE I EVEN SMELLED IT IN THE HOUSE WITH MY WINDOW SHUT.

AND THAT'S HAPPENED A NUMBER OF TIMES.

UH, THE SMOKESTACKS, IF I RECALL, WERE SORRY, WERE RAISED HIGHER

[02:25:01]

OVER THE YEARS AT ONE POINT.

BUT ANYWAY, I ALSO, ACCORDING TO WHAT ERIN SAID, I DO NOT KNOW HOW THE LOWERING OF THE SMOKE STACKS WOULD SOLVE THE PROBLEM.

I LIVE ON THE HILL BETWEEN JENNIFER AND JEAN LANE.

SO I'M BARBARA LANE.

SO MY HOUSE IS HIGHER THAN THE ONES ON JENNIFER.

AND THE SMOKE RISES IN 19 AND, EXCUSE ME, 2017 I WAS DIAGNOSED WITH LUNG CANCER.

WE HAVE FIVE LOBES OF, UH, IN OUR LUNGS, TWO ON THE LEFT, THREE ON THE RIGHT.

I NOW HAVE TWO ON THE RIGHT.

ONE HAD TO BE REMOVED, AND I'M NOT SAYING, NOR DO I KNOW THAT IT'S FROM THE SMOKE IN THE NEIGHBORHOOD THAT CAUSED THAT, BUT I NEED TO BREATHE CLEAN AIR.

I HAVE ASTHMA, AND THE AGGRAVATION OF THE SMOKE DOES AFFECT MY BREATHING.

I BECOME HOARSE AS A RESULT OF THE ASTHMA.

AND, UH, BASICALLY THAT'S IT.

I I WOULD LIKE TO HAVE SOME KIND OF SOLUTION, UH, TO THIS ISSUE.

IT'S BEEN GOING ON FOR YEARS.

UH, NEIGHBORS HAVE COMPLAINED TO ME, UH, TO THEM, UH, IT SEEMS LIKE NOTHING GETS BETTER.

UM, I REALLY, REALLY APPRECIATE IF SOMEONE HAS A BUSINESS AND THEY WANT TO MAKE A LIVELIHOOD FROM IT, AND I DON'T WANT THIS COUPLE TO LOSE THEIR LIVELIHOOD, THAT WOULD BE, THAT WOULD MAKE ME FEEL AWFUL PERSONALLY.

BUT WE NEED TO BREATHE CLEAN AIR.

THIS IS VERY DAMAGING TO THE ELDERLY AND TO CHILDREN.

WELL, ALL OF US, BUT ESPECIALLY TO YOUNG CHILDREN WHO ARE, WHOSE LUNGS ARE DEVELOPING.

SO THAT'S BASICALLY WHAT I HAVE TO SAY.

CINDY, QUESTIONS? I, I HAVE A QUESTION.

YEAH.

YES.

SO YOU SAY YOU'VE BEEN THERE SINCE 1969, RIGHT? WHAT WAS THERE IN 1969? VERY LITTLE.

I MEAN, THE LITTLE, LITTLE GREENHOUSE.

UM, I DON'T EVEN REMEMBER.

IT WAS SO SMALL, UH, AN AREA.

I MEAN, THE AREA WAS SAME.

THE, THE GROUNDS WERE THE SAME.

BUT AS FAR AS THE HOTHOUSES, PERHAPS ONE OR TWO, I REALLY DON'T RECALL BEING, YOU KNOW, MORE THAN THAT FOR A VERY LONG TIME.

AND AT THE TIME, THE, UM, HOUSE, THE WESTCHESTER GREENHOUSE ON, ON, UM, WEST HEART HILL AVENUE WAS A LITTLE SHACK.

SO IT GREW AND DEVELOPED AND IT'S BEAUTIFUL.

THE WHOLE AREA IS BEAUTIFUL.

WE LOVE IT WHERE WE ARE.

MOST OF MY NEIGHBORS ANYWAY, I THINK THEY DO CAN SPEAK FOR THEM.

OKAY, THANK YOU.

HOW LONG WOULD YOU SAY IT TAKES FOR THE SNOW TO CLEAR? LIKE YOU SAID, IT'S VERY THICK, SO DOES IT LINGER NOW? WELL, I DON'T SAY OUTSIDE.

IT'S USUALLY AT NIGHT, TO TELL YOU THE TRUTH.

RIGHT.

HOW LONG DO YOU, DOES IT MAKE TO DISSIPATE? LIKE THREE HOURS OR JUST, I WOULD SAY SEVERAL HOURS.

SEVERAL HOURS.

I REALLY, YOU KNOW, DON'T GO OUTSIDE WHEN IT'S LIKE THAT.

SO, BUT THERE ARE TIMES THAT I'VE BEEN WALKING AROUND THE BLOCK WHEN I'VE SMELLED THE SMOKE TO SOME DEGREE.

UM, I DON'T REALLY HEAR NOISE OFTEN BECAUSE I'M UP FURTHER.

I'M FURTHER AWAY.

ON OCCASION I WILL HEAR, IT SOUNDS LIKE A TRUCK BANGING.

IT'S, IT'S, UH, BACK DOOR OR SOMETHING AFTER UNLOADS, WHATEVER.

IT UNLOADS.

IT SOUNDS A LITTLE BIT, YOU KNOW, UH, NOT, NOT BOTHERSOME TO ME BECAUSE I'M FURTHER AWAY, BUT THE SMOKE IS DEFINITELY AN ISSUE.

OKAY.

OKAY.

THANK YOU.

GOOD EVENING.

MY NAME IS JEANNIE ES AND I LIVE ON JENNIFER LANE.

I HAVE LIVED THERE FOR 70 YEARS AND I KNOW MY NEIGHBORHOOD INSIDE AND OUT.

ONE OF THE THINGS I'D LIKE TO BRING UP IS THE WOOD ISSUE, BECAUSE THAT'S WHAT YOU'RE PRIMARILY GOING TO BE DECIDING ON.

AND THE ISSUE WITH THE WOOD IS, I RECALL GROWING UP AND DRIVING UP AND DOWN SECCO ROAD WITH MY DAD AND MY MOM IN THE CAR.

AND SUBSEQUENTLY WHEN I WAS ABLE TO DRIVE, I DID TOO.

AND WHEN I WOULD DRIVE PAST FOUR 50 SECCO ROAD, WHICH WAS AT THAT POINT, IT'S CALLED WESTCHESTER GREENHOUSES, IT SAID UNDERNEATH THE SIGN, VEGETABLES AND FLOWERS.

THERE WAS NEVER ANYTHING ABOUT WOOD FOR SALE.

THERE WAS NEVER ANYTHING ABOUT MULCH FOR SALE.

IN FACT, WHEN

[02:30:01]

MY FATHER AND I USED TO WALK FROM OUR HOUSE DOWN TO WHERE THE PLANTS WERE IN THE FRONT GREENHOUSES, WHICH WAS ALWAYS A JOY TO SEE EVERY SPRING, THERE WAS NO MULCH.

THERE WAS NO PILES AND STACKS OF WOOD ANYWHERE TO BE SEEN.

AS THE YEARS GONE WENT ON, OBVIOUSLY THE GREENHOUSES, WHICH WERE PROBABLY BACK WHEN I ORIGINALLY REMEMBER, THERE MAYBE WAS ABOUT A HALF A DOZEN OF THEM.

SOME OF THEM WERE HEATED, AND I THINK SOME OF THEM WEREN'T.

BUT THEN THEY STARTED EXPANDING.

WHEN THE TRUCKS STARTED COMING IN WITH WOOD, IT NOW BECAME A COMPETITION ON SEACOR WOOD BETWEEN THE CARS AND THE RESIDENCE OF THE AREA TO COMPETE WITH THE TRUCKS PULLING IN AND OUT.

IN TERMS OF THE NOISE FACTOR, I REACHED THE POINT, 'CAUSE NOW I LIVE ALONE IN THE HOUSE WHERE I KEEP THE WIND.

I WAS KEEPING THE WINDOWS SHUT IN THE MORNINGS AS, AND EVEN ON WEEKENDS BECAUSE THE CRASHING OF THE WOOD BEING UNLOADED FROM THE VEHICLES, SPRINGING IT IN WAS VERY LOUD AND VERY NOISY AND VERY AGGRAVATING.

EVEN TO THE POINT THAT MY BLESS LITTLE DOGS, EVERY TIME THEY HEARD ANOTHER, ANOTHER LOAD DUMP, THEY WOULD BARK BECAUSE IT WAS OFFENDING THEIR EARS ALSO.

AND LIKE I SAID, THE TRAFFIC, THE OTHER PROBLEM IS WHETHER IT WAS BROUGHT UP ABOUT THE D E C AND THE TOWN MAKING A SURPRISE VISIT THERE, THE ONE THING THAT WAS NOT MENTIONED, AND I THINK CAROL DIDN'T BRING IT UP, IS WHEN THEY SAID THAT THERE WAS SMOLDERING MULCH PILES, THEY HAD TO BRING IN A FIRE TRUCK TO PUT UP THE FIRE TO, TO SOAK IT DOWN.

THE, MY OTHER CONCERN IS THOSE BAGS OF WOOD THAT WERE THERE AT THAT POINT IN TIME WE'RE FOUND NOT TO BE TAGGED PROPERLY.

IT'S REQUIRED THROUGHOUT ALL THE NEW YORK STATE AT THIS POINT BY THE D E C, THAT NO WOOD CAN BE TRANSPORTED ANYWHERE IN OR OUT OF THE COUNTY OR FROM LOCATION TO LOCATION WITHOUT BEING TAGGED AS TO WHERE IT CAME FROM, IN PART BECAUSE OF THE INSECTS, THE DISEASE, AND THINGS THAT ARE HAPPENING.

SO MUCH SO THAT MY NEIGHBOR NEXT DOOR, WHO HAS A COTTAGE ALL THE WAY UP AROUND LAKE ERIE, WAS GOING UP AND TOOK SOME WOOD FROM HER BACKYARD FROM BRANCH SHEIKA.

AND WHEN SHE STOPPED SOMEPLACE, THE WRONG PERSON AT THE RIGHT TIME SAW IT AND CONFISCATED THE WOOD BECAUSE SHE DIDN'T HAVE A CERTIFICATE SAYING WHERE THAT WOOD CAME FROM.

SO EVERYBODY'S VERY COGNIZANT ABOUT WHAT'S GOING ON WITH WOOD TRANSPORT, BECAUSE WE HAVE THE LANTERN FLY.

IF YOU'VE NEVER BEEN TO AN AREA WHERE THE LANTERN FLY EXISTS, I HAVE, WHEN I GO TO DOG SHOWS AND MY FIRST LANTERN FLY DUMMY THAT I AM, I THOUGHT IT WAS A LOVELY LITTLE MOTH.

IT LOOKED SO PRETTY, IT LOOKED LIKE A CHINESE LANTERN UNTIL THE WOMAN AT THE NEXT TABLE SAID, SEE THAT TREE OVER THERE? I SAID, WHAT? SHE SAID, LANTERN WHA COMPLETELY DECIMATED.

TRANSPORTING THESE THINGS ACROSS STATE LINES AND IN AND OUT HAS TO BE CONTROLLED.

THAT'S PART OF THE PROBLEM.

THE OTHER ISSUE IS WHEN YOU'RE DEALING WITH WOOD, YOU DON'T KNOW WHAT YOU'RE GOING TO GET.

IT MAKES LIFE DIFFICULT WHEN YOU HAVE TO LISTEN TO THE CRASHING OF TRUCKS AND THE GRINDING OF MULCH ON A REGULAR BASIS.

THE COMMENTS THAT I'VE HEARD FROM MY NEIGHBORS SINCE THE STOP WORK ORDER HAS BEEN, I CAN SLEEP LATER THIS MORNING.

I CAN SLEEP IN THE MORNING.

I DON'T HAVE TO GET UP BECAUSE OF THE NOISE.

WE, AS I SAID, WE HAPPEN TO BE THE GROUP OF PEOPLE THAT I KNOW.

WE HAPPEN TO BE STRAIGHT ON JENNIFER LANE, WHICH IS DIRECTLY OPPOSITE WHERE THE TRUCKS ARE EVEN COMING IN.

SO THAT'S PART OF THE ISSUE THAT GOES ON WITH IT.

BUT I BEG WITH YOU TO PLEASE CONSIDER WHAT GOES ON WITH THIS.

IN THE PAST, GREENHOUSES FILLED WITH FLOWERS WE'RE THE PRETTIEST THING IN THE SPRING AND THROUGHOUT THE SUMMER, AND NOW RED BAGS OF WOOD.

SO THANK YOU FOR LISTENING AND I WISH YOU GOOD LUCK WITH YOUR DELIBERATIONS.

THANK YOU.

I KNOW THERE MAY BE OTHER INDIVIDUALS WHO ARE HERE THIS EVENING WHO WOULD LIKE TO BE HEARD.

HOWEVER, UH, IT, IT IS GETTING LATER AND

[02:35:01]

WE DO HAVE QUESTIONS THAT HAVE BEEN RAISED AND INFORMATION THAT WE STILL NEED.

SO IT WOULD APPEAR FROM, UH, WHAT I'VE HEARD TONIGHT MYSELF AT LEAST, THAT THIS CASE IS NOT GOING TO BE CERTAINLY DECIDED THIS EVENING.

SO I'M SAYING THAT TO SAY THAT, UH, YOU WOULD HAVE ANOTHER OPPORTUNITY, UH, IF YOU WISH, AT THE NEXT MEETING, WE HAVE TO PERHAPS EITHER PRESENT IN PERSON IF YOU WISH, OR YOU CAN PROVIDE SOMETHING IN WRITING.

YOU PROVIDE SOMETHING IN WRITING PRIOR TO THE MEETING.

IT GOES INTO THE RECORD.

BUT I WOULD LIKE TO MOVE ON IF WE COULD TO THE NEXT CASE THAT WE HAVE ON THIS EVENING, WHICH IS CASE 2315.

CYNTHIA MARIE, DO DOMINGUEZ, LET, IF YOU'RE GOING TO STAY OUT THERE, PLEASE CLOSE THE DOORS.

NO, THEY'RE MOVING OUT.

WE ALL SET TO START? YES.

OKAY.

THANK YOU, SIR.

OKAY.

GOOD EVENING, MADAM CHAIR, MEMBERS OF THE BOARD.

UH, MY NAME IS BOB BERNSTEIN.

I'M HERE TONIGHT, UH, REPRESENTING THE APPLICANT, UH, CYNTHIA MAR, UH, DOMINGUEZ.

SHE WAS HERE THIS EVENING WITH HER HUSBAND AND, UH, ALSO, UH, MS. COLOMBO, THE ARCHITECT.

UM, I REALIZE THE HOUR IS LATE, SO LET ME TRY TO CUT TO THE CHASE ON THIS ONE.

UH, THIS FAMILY, UH, IS LOOKING TO, UH, MOVE TO FOUR MIDDLETOWN, MIDDLETON MIDDLE WAY, I SHOULD SAY, IN HARTSDALE.

UH, THEY HAVE BEEN LOOKING FOR A HOUSE THAT THEY CAN AFFORD.

UH, THEY LIVE IN YONKERS.

UH, THEY'RE, UH, THEY HAVE FOUR CHILDREN, UH, SIX CHILDREN.

OH, I'M SORRY, .

I, I I WAS TOLD FOUR.

BUT, UH, UH, THE, THE ISSUE WITH THE CHILDREN, UH, IS REALLY WHAT THIS IS ABOUT.

UH, TWO OF THEIR CHILDREN, UH, HAVE AN ILLNESS, UM, THAT IS, UH, AN ILLNESS THAT IS ESSENTIALLY REQUIRED THE PARENTS TO LOOK FOR HOUSING THAT WOULD ALLOW FOR FOUR BEDROOMS TO BE ON A SINGLE FLOOR WITH AS MANY BATHROOMS AS THEY CAN ACCOMMODATE.

UH, 'CAUSE THE ILLNESS INVOLVES, UH, CROHN'S DISEASE, WHICH SOME OF YOU MAY BE FAMILIAR WITH, BUT IT IS A, UH, CHRONIC ILLNESS.

AND IT'S PARTICULARLY DIFFICULT WHEN YOU'RE RAISING CHILDREN.

SO THEY FOUND A HOUSE THAT THEY COULD AFFORD.

UH, WHAT TRIGGERED THE HOUSE SEARCH ALSO WAS THAT THEY, UH, THEIR SCHOOL, THEIR PAROCHIAL SCHOOL AND YONKERS HAD CLOSED.

AND SO THEY NEEDED A SCHOOL SYSTEM THAT COULD ACCOMMODATE THEIR KIDS.

THEY FOUND THE ARTS IN SCHOOL SYSTEM AND MIDDLE, AND, AND THE HOUSE THAT THEY FOUND WAS PERFECT FOR THAT, BUT IT HAD TO BE DESIGNED TO FIT THEM THAT FIT THEIR NEEDS.

SO THE HOUSE WAS DESIGNED AND REQUIRES A FLOOR AREA OF VARIANCE.

UH, IT'S, IT'S A MODEST ONE RELATIVELY, BUT IT'S, THE FLOOR AREA OF VARIANCE WAS TRIGGERED BY THE NEED FOR THE FOUR BEDROOMS AND TWO BATHROOMS TO SERVICE THE CHILDREN.

UH, AND UNFORTUNATELY, BECAUSE OF THE WAY GREENBERG WORKS, UH, IF YOU WANNA, IF YOU NEED A VARIANCE ON YOUR PROPERTY AND THERE'S OTHER CONDITIONS ON YOUR PROPERTY THAT ARE LEGAL, NON-CONFORMING, YOU HAVE TO CURE THEM.

THAT'S THE, THAT'S THE RULE.

SO THE PROBLEM THEY'RE HAVING IN GETTING THEIR HOUSE COMPLETED IS THAT NOT ONLY DO THEY NEED AN AREA VARIANCE FOR THE, UH, BEDROOMS AND THE BATHROOM ON THE SECOND FLOOR, BUT THIS PROPERTY, UH, APPARENTLY OVER THE YEARS, UH, WAS ALLOWED TO, UH, UH, HAVE A NUMBER OF THINGS CONSTRUCTED

[02:40:01]

ON IT THAT WERE NOT CODE COMPLIANT.

AND THE TOWN NEVER ENFORCED THE CODE.

NO NEIGHBORS EVER COMPLAINED ABOUT THE CODE, NON ENFORCEMENT THEY BOUGHT, NOT KNOWING THAT THE HOUSE WAS, UH, UH, NOT IN COMPLIANCE WITH THE CODE.

AND THEY DISCOVER ALL THIS AS THEY TRY TO GET A VARIANCE FOR THE, THE FLOOR AREA VARIANCE THAT THESE OTHER THINGS HAVE TO BE CURED.

SO WHAT ARE THEY? WELL, THE DRIVEWAY, THE DRIVEWAY, UH, UH, IT'S BASICALLY, UH, AN IMPERVIOUS SURFACE PROBLEM.

THIS PROPERTY WAS LITERALLY PAVED.

90 80% OF THE PROPERTY WAS PAVED.

I MEAN, IT'S A BACKYARD THAT WAS COVERED IN CONCRETE.

UH, IT'S AMAZING TO ME THAT NOBODY THAT THE TOWN ALLOWED THIS TO OCCUR, BUT IT DID.

SO, OBVIOUSLY, THE GREENBERG CODE SAYS YOU CAN'T HAVE A, A, A PROPERTY THAT'S PAVED WITH CONCRETE.

SO THE ARCHITECT TRIED TO ACCOMMODATE, UH, THE NEED TO CURE THESE, THE ILLEGALITY AND TRIM IT BACK.

UH, SO YES, IT DOES CALL FOR A VARIANCE TO INCREASE THE IMPERVIOUS SURFACE ABOVE PERMITTED, BUT IT'S ACTUALLY A SUBSTANTIAL REDUCTION OF THE IMPERVIOUS SURFACE, UH, THAT THE ARCHITECT CAME UP WITH IN TERMS OF REDUCING THE SIZE OF THE PATIO IN THE REAR, THE DRIVEWAY.

AND THE FRONT, UH, IS TOO CLOSE TO THE, TO THE PROPERTY LINE ON THE SIDE YARD THAT HAS TO BE CURED.

THAT THAT'S A LEGALIZATION ISSUE.

IT WAS BUILT THAT WAY.

THEY, THEY, THE DRIVEWAY HAS ALWAYS BEEN THERE.

EVERY HOME NEIGHBORHOOD IN THAT PROPERTY, IN THAT SMALL DEVELOPMENT, UH, EVERY HOUSE IN THAT SMALL DEVELOPMENT HAS A, UH, DRIVEWAY.

IT'S A SINGLE, THEY HAVE SINGLE CAR DOOR GARAGES, BUT THE DRIVEWAY IS DOUBLE WIDE, SO 20 FEET WIDE SO THAT YOU CAN FIT TWO CARS IN THERE.

UH, AND IF YOU HA AND THEN THIS ONE, THEIR DRIVEWAY IS VERY CLOSE TO THE SIDE YARD.

THEY NEED TO CURE THAT.

IT'S ALWAYS BEEN THERE.

UH, UH, THEY DIDN'T DESIGN IT THAT WAY.

AND IF YOU TRY TO CUT IT BACK, YOU WON'T BE ABLE TO FIT C TWO CARS THERE.

AND THE CARS WILL HAVE TO BE ON THE STREET.

AND MIDDLE WAY IS, UH, AT LEAST THAT PART OF MIDDLE WAY IS VERY NARROW.

UH, THERE IS A CUL-DE-SAC FURTHER DOWN, AND THERE ARE A LOT OF CARS PARKED IN THE CUL-DE-SAC.

UH, BUT, BUT, UH, THAT'S REALLY NOT WHAT IT'S INTENDED FOR IT.

SO YOU, YOU REALLY CAN'T CUT THE DRIVEWAY DOWN.

UM, SO THE ARCHITECT DID WHAT SHE COULD, AND, UH, UH, SHE'S HERE TONIGHT TO EXPLAIN WHAT SHE WAS ABLE TO DO TO TRY TO GET THIS THING DONE.

THE FAMILY IS IN NEED, AS I'M SURE LOTS OF FAMILIES ARE.

THEY WANT TO GET THEIR KIDS IN THAT HOUSE BEFORE THE START OF THE SCHOOL YEAR.

THEY NEED TO COMPLETE THE CONSTRUCTION OF THAT HOUSE, BUT THEY CAN'T UNTIL IN THE LESSON, UNTIL VARIANCES ARE GRANTED.

AND WE ADDRESS THE ISSUE OF THE LEGAL NON-COMPLIANCE, UH, WITH RESPECT OR THE LEGALIZATION OF THE ISSUES, UH, THAT I'VE JUST DESCRIBED.

UH, I THINK I'VE DEALT WITH THEM ALL.

UH, THE FLOOR AREA OF EIGHT RATIO, I'VE COVERED, UH, THE, UH, THE IMPERVIOUS SURFACE.

IT'S, UH, THE PERMITTED IS 40.75, PROPOSED.

IT'S 58.74, BUT THE REALITY IS EXISTING IS 79 POINT 57.

SO THAT'S AN IMPROVEMENT.

BY THE WAY, NO COMPLAINTS ABOUT DRAINAGE OR ANYTHING LIKE THAT FROM PROPERTY OWNERS.

NO ONE SEEMS TO CARE.

UH, ALTHOUGH THERE WERE, I DID NOTICE IN THE RECORD, UH, UH, COMPLAINTS FROM TWO NEIGHBORS.

UH, ONE NEIGHBOR IN THE REAR OF THE PROPERTY WAS COMPLAINING THAT, UH, THE, UH, UH, THE, FROM THE, FROM THE, UH, SECOND FLOOR BEDROOM WINDOWS AND FROM THE DECK AND THE SECOND FLOOR, THEY COULD SEE INTO THE, THEY'D BE THE, THE PEOPLE HERE, THE APPLICANT WILL BE ABLE TO SEE INTO THEIR YARD.

WELL, THE IRONY IS THE SAME CAN BE SAID FOR THE HOUSE COMPLAINING.

YOU LOOK FROM THEIR BACKYARD AND THEY, THEY CAN LOOK INTO, INTO, INTO THE APPLICANT'S BACKYARD.

IT.

AND, AND THE, THE HEIGHT IS NOT AN ISSUE.

THE FLOOR AREA RATIO IS THE ISSUE.

UH, SO I, I, I, I DON'T THINK THAT'S A, UM, AN ISSUE THAT REALLY SHOULD BE, UH, CONCERNING HERE.

I MEAN, ONE COULD PUT UP TREES, I SUPPOSE, BUT I DON'T THINK TREES IN THE BACKYARD, UH, TO SCREEN IS GONNA BLOCK OR PROTECT, UH, UH, PRIVACY ON EITHER SIDE.

EACH SIDE CAN LOOK INTO THE OTHER'S BACKYARD.

THE OTHER, UH, COMPLAINT THAT I SAW ON THE RECORD WAS FROM A NEIGHBOR AT SEVEN MIDDLE WAY, WHICH IS IN THE CUL-DE-SAC DOWN THE STREET.

THEY DON'T, UH, ABUT THE PROPERTY.

THEY DON'T LIVE IN THE BACK OF IT.

THEY DON'T LIVE THE SIDES.

THEY DON'T LIVE IN, UH, UH, ACROSS THE STREET.

THEY'RE DOWN THE STREET.

[02:45:01]

A VERY NICE HOUSE, BY THE WAY.

UM, UH, THEY SHOULD BE COMMENDED.

THEY HAVE A BEAUTIFUL PROPERTY VISUALLY.

IT KIND OF LOOKS LIKE THE SIZE OF, OF WHAT IS PROPOSED TO BE BUILT HERE.

UM, UH, AND THEY, THEY DON'T WANT ANY VARIANCES.

GRANTED, WELL, UNFORTUNATELY, THE REALITY IS THIS, THIS FAMILY, THIS APPLICANT NEEDS VARIANCES TO GET THE HOME THAT THEY NEED, THAT THEIR KIDS NEEDS.

THEY CAN GO TO SCHOOL IN THE LEY SCHOOL DISTRICT AND BE IN A HOME THAT THEY CAN AFFORD, UH, UH, AFTER, AFTER, UH, SEVERAL YEARS OF WAITING.

UM, IT'S, IT'S TRAUMATIC FOR THE FAMILY.

'CAUSE THE FAMILY, UH, IS, AS I SAID, DEALING WITH KIDS WHO HAVE NEEDS, UH, SPECIAL NEEDS.

UH, UH, THEY, UH, THE RECORD SHOWS WHAT THOSE NEEDS ARE, THE DOCTORS, UH, UH, NOTES, AND THE, AND THAT, UH, AND ALSO THERE'S THE FEAR THAT THE TWINS, THE FIVE-YEAR-OLDS MAY DEVELOP THE SAME THING.

SO IT, THIS IS CRITICALLY IMPORTANT FOR YOU TO FOCUS ON THE NEEDS OF THIS FAMILY TO BE ABLE TO GET INTO THEIR HOME AS QUICKLY AS THEY CAN AND ACCEPT AND ACKNOWLEDGE THE FACT THAT THEY'RE HERE TO LEGALIZE THE NON-CONFORMITY THAT THEY'RE SADDLED WITH, WHICH THEY DIDN'T BUY OR, OR, OR, UH, UH, UH, CONTEMPLATE WOULD BE THE ISSUE.

THAT WOULD BE THE, THE ROADBLOCKS PREVENTING THEM FROM BEING ABLE TO GET IN THEIR HOUSE.

UM, THERE IS A, UH, A POOL IN THE REAR OF THE PROPERTY.

UH, THE ARCHITECT, UM, MS. GLOBO CAN EXPLAIN IT, MS. QUESTION, THAT SHE TRIED TO DESIGN THE APRON AROUND THE POOL TO REDUCE THE, UH, IMPERVIOUS SURFACE AREA.

UH, AND, AND SHE HOPES THAT IT WILL BE SATISFACTORY TO THE BOARD.

UM, AND IT'S A, IT'S A BALANCING, UH, UH, THE MORE YOU CUT BACK, THE MORE WORK WILL BE INVOLVED, THE GREATER THE EXPENSE, AND THE GREATER THE DELAY.

SO WE THINK WE STRUCK THE RIGHT BALANCE HERE.

WE HOPE WE HAVE.

UH, AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT I SAID.

THE FAMILY IS HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE OF THEM, OR OF THE ARCHITECT.

THANK YOU.

QUESTIONS.

IS THE ARCHITECT GONNA SPEAK? UM, UM, SHOULD, DO YOU HAVE ANY QUESTIONS ABOUT THE, UM, YEAH.

COME UP TO THE MICROPHONE, PLEASE.

OH, LOT OF QUESTIONS.

YES.

, YOU WANNA GO FIRST? GOOD EVENING.

MY NAME IS JAIDA EZ FOR LONGO.

I AM THE ARCHITECT OF THE APPLICATION.

SO I, DO YOU WANNA PUT UP THE, CAN WE PUT UP THE PLANS THAT WE HAVE THEM? IF YOU'D LIKE ME SHARE, I, I CAN, I CAN DO A SHARE SCREEN.

I DID LIKE THE PLOT PLAN.

YEAH.

IT'S TOTALLY UP TO, LET SEE, I'M VERY TECHNOLOGIC, .

LET ME TRY MY BEST.

HE'S GOOD.

.

YEP.

SO I'M, I'M, HAD YOU LOOKED AT, UM, JUST, UM, YOU'RE RIGHT, IT KIND OF IS ALL ASPHALT AND CONCRETE .

YES.

SO THIS IS THE EXISTING FLOOD PLAN.

YEAH.

SO THIS IS WHAT WE ARE PROPOSING.

OKAY.

SO IT, IT STILL FEELS TO ME LIKE THERE'S A LOT OF ASPHALT THAT, LIKE GRASS COULD BE PUT AROUND THE POOL, YOU KNOW, PART OF THE DRIVEWAY COULD HAVE, COULD BE, YOU KNOW, THIS AREA WE WERE JUST DISCUSSING FURTHER.

YEAH.

UM, IN THE, AND PROBABLY THIS QUA QUADRANT HERE THAT WE SEE.

HOWEVER, UM, FOR THE SIZE OF THE LOT AND THE LOCATION OF THE HOUSE ITSELF, UM, AND THE LOCATION AND SHAPE OF THE POOL, UM, YOU, YOU WOULD STILL NEED A, YOU KNOW, A FOR SAFETY, YOU WOULD NEED LIKE A WRAP AROUND IT MM-HMM.

.

BUT, UM, YOU KNOW, IF, IF THERE ARE SOME PLACES THAT WOULD COULD INCORPORATE, LIKE, IN THIS CORNER HERE TO REDUCE SOMEHOW, UH, THE, THE, UM, UM, IMPERVIOUS SURFACE.

AND I WAS ALSO, UM, UH, TALKING TO THE CLIENT SAID, IF WE COULD LIKE, REDUCE THIS LITTLE QUADRANT HERE, THAT WOULD DECREASE SOMEHOW.

BUT THERE, YOU KNOW, UM, IN REGARDS TO THE SURROUND OF THE POOL AREA, AT LEAST A FIVE FOOT, UM, WALKWAY SHOULD BE, YOU KNOW, LEFT IN CASE SOMEBODY'S MM-HMM.

, LIKE WALKING AROUND.

LIKE ONE OF THEIR KIDS COULD FALL.

GOD FORBID IT'S A VERY DEEP POOL.

UM, BUT, UM, YOU KNOW, THERE ARE MINOR TWEAKS HERE AND THERE THAT COULD BE DONE, THAT THE HOUSE WOULD STILL BE LIVABLE FOR THEM.

MM-HMM.

AND, AND, YOU KNOW, WE CAN KEEP IMPROVING IT.

LIKE WHAT WE ARE PROPOSING IS, UH, MUCH MORE BETTER THAN WHAT WAS THERE BEFORE.

LIKE HERE YOU COULD SEE THE PROPERTY LINE, ALL, ALL THE ASPHALT CONCRETE AND

[02:50:01]

ALL THE HARDSCAPES GOING ALL THE WAY AROUND AND BASICALLY COVERING ALL THE OPEN SPACE.

AND, UH, YOU KNOW, IF BY THE THINGS THAT I JUST DESCRIBED, THIS COUPLE OF QUADRANTS HERE OR THERE, UM, UM, YOU KNOW, WE'RE MORE THAN WILLING TO LISTEN TO THOSE SUGGESTIONS.

UM, WE ARE MAKING IT A BETTER SITUATION THAT WAS THAN WHAT'S THERE RIGHT NOW.

BUT ONCE YOU BUY IT, YOU OWN IT.

SO WE ALSO UNDERSTAND THE, THE, YOU KNOW, THE VARIANCES ARE REQUIRED, BUT THIS WAS SOMETHING THAT THEY WERE NOT AWARE IN THE BEGINNING WHEN THEY DID THE PURCHASE.

OKAY.

AND ONE OTHER QUESTION, UM, MR. BERNSTEIN HAD SAID, AND EITHER ONE OF YOU COULD ANSWER THIS, UM, THAT THEY WERE, THAT THE PREVIOUS OWNERS WERE LET TO DO THIS.

DID THEY HAVE PERMITS TO DO ALL THIS? OR, UH, THERE IS NO RECORD OF ALL THE HARD CASE OR THE HARDSCAPING, UM, PUT IN PLACE.

OKAY.

SO IT WAS LIKE SURPRISING FOR US THAT, UH, UM, THIS HOUSE, WE HAVE A PERMIT SINCE I THINK IT'S OCTOBER OR SEPTEMBER.

MM-HMM.

.

SO MOST OF THE FRAMING IS DONE.

UH, WE WENT TO, UM, WE WENT TO THE STEEP SLOPE, AND THEN, UH, WE ALSO WENT TO, UM, YOU KNOW, UH, WETLANDS AND, AND THEN THAT'S WHEN THE STORM WATER MANAGEMENT PERMIT KICKED IN.

SO WE PROPOSED TO REMOVE MOST OF THAT HARDSCAPE.

AND THEN, THEN, YOU KNOW, THERE HAD A MEDICAL SITUATION IN THE FAMILY AND THEY HAD TO INCORPORATE ANOTHER BATHROOM ON THE SECOND FLOOR.

SO BASICALLY THE ES EXTRA SQUARE FOOTAGE FOR THIS VARIANCE, WHICH WE THOUGHT WAS THE ONLY ONE THAT WE WERE GOING TO NEED, UH, BECAUSE WE ASSUME ALL THESE PREEXISTING CONDITIONS WERE LEGAL, WAS TO HAVE AN ADDITIONAL BATHROOM AND A HALLWAY.

THAT'S WHAT THE SQUARE FOOTAGE THAT IS NOT EVEN 300 SQUARE FEET, UM, IS ASKED FOR JUST FOR A BATHROOM.

IT'S NOT FOR A 10 BEDROOM, IT'S NOT FOR A MUSIC ROOM.

IT'S NOT FOR ANYTHING, BUT FOR A BATHROOM AND FOR A HALLWAY.

AND WHEN WE ASKED FOR THAT, THEN ALL THESE OTHER PRE-EXISTING NON-LEGAL CONDITIONS THAT NOBODY WAS AWARE BECAUSE THERE WERE NO COMPLAINTS, NO VIOLATIONS.

THAT'S WHEN THEY WERE BROUGHT IN PLACE.

OKAY.

AND YOU TALKED ABOUT SCREEN.

I KNOW THERE'S NO SCREENERS OR, UH, YOU KNOW, HEDGES UP OR ANYTHING LIKE THAT ALONG THE FENCE.

UM, IS THAT SOMETHING THAT YOU CONSIDERED ALSO? YES.

UM, UH, GABRIELLE IS TALKING TO ME ABOUT VERY TALL TREES THAT HE WOULD LIKE TO PLACE.

THE, THE, THE, THE NEIGHBOR IN THE BACK HAS AN EIGHT, UH, AN EIGHT FENCE, AN, UM, AN EIGHT FOOT FENCE.

UH, BUT, UH, THEIR HOUSE IS SLIGHTLY HIGHER.

UH, UM, YOU KNOW, THE GRADE IS SLIGHTLY HIGHER, SO THEY WOULD LIKE TO SCREEN IT, JUST LIKE HE WAS PUTTING IN THE COMPLAINT.

THEY, THEY ARE ABLE TO LOOK INTO THE BACK YARD.

SO THEY, THEY, SO CAN THEY, UM, SO THE PICTURES WERE SENT FROM A SECOND FLOOR, AND I ACTUALLY ASKED GABRIELLE TO STAND UP IN THE, YOU KNOW, IN THE PROPOSED ROOF TERRACE.

YES.

YOU CAN SEE IT.

JUST LIKE THEY CAN SEE.

SO NOBODY WANTS TO BE LOOKING IN ANYBODY'S YARD.

EVERYBODY HAS WORKED HARD TO, TO MAKE A HOME, A HOME.

SO I THINK THEY ARE ALL INTERESTED IN MINDING THEIR OWN FAMILY IN THEIR OWN BACKYARD.

UM, SO DEFINITELY, UH, GREENERS AND GREENS ARE, UM, SOMETHING THAT THEY'RE WILLING TO DO.

YES.

YES.

A FENCE AND, AND, AND, AND TREES TO FOR PRIVACY.

CAN I FOLLOW UP ON THAT? UM, COUPLE OF THINGS.

YOU, YOU MENTIONED TAKING OUT A QUADRANT TO, FOR, TO THE HEART TO GET MORE.

THERE ARE OTHER, I KNOW, YOU KNOW, THERE ARE OTHER SHAPES BESIDES RECTANGLES.

YES.

THE POOL ITSELF YES.

IS A KIDNEY SHAPE.

YES.

YES.

THERE MAY BE ONE OTHER SHAPES YOU WANNA CONSIDER THAT WOULD ADD, WOULD REDUCE THE HARDSCAPE EVEN FURTHER.

OKAY.

UM, I'M CURIOUS, WHERE IS THIS 300 SQUARE FEET? BECAUSE THE QUESTION OF THE BATHROOMS, AND I UNDERSTAND THE ILLNESS ISSUES BETTER THAN I WOULD LIKE TO, BUT WHAT I SEE, AND I'M CURIOUS BECAUSE IT APPEARS THAT THE ATTIC SPACE IS BEING TURNED INTO A MAIN BEDROOM WITH AN EN SUITE, A LARGE EN SUITE BATHROOM.

YES.

BUT IN ORDER TO, IN, IN DOING THAT, ONE OF THE BATHROOMS WAS ELIMINATED TO PUT IN A WALK-IN CLOSET.

UH, WHAT, AND THEN THERE WERE TWO OTHER BATHROOMS CREATED.

UM, AND SO I'M JUST TRYING TO UNDERSTAND, IS ANY OF THAT SECOND

[02:55:01]

FLOOR PART OF THE INCREASED 300 SQUARE FEET? UM, YES.

LET ME, LET ME PULL UP THE PLAN.

UM, DO YOU HAVE HANDY THE PROPOSED SECOND FLOOR? YEAH.

LET, THIS IS OKAY.

I YOU HAVE IT? I THINK SO, YEAH.

OKAY.

IS THIS THE SHEET? LEMME SEE.

UH, UH, THAT'S THE, YEAH, YOU CAN KEEP GOING.

UH, GAR PLEASE.

ANOTHER ONE.

IT'S DRAWING A 1 0 4 A.

WAIT, THAT, THAT, THAT'S THE NEXT ONE.

YES.

THAT ONE.

YEAH.

OKAY.

SO, UM, YES, SO PERFECT.

SO, UH, THE REAR GROUP TERRACE WAS GOING TO BE PART OF THAT, UM, MASTER BATHROOM.

I, I DON'T, CAN YOU DO TOP FIVE? I DON'T KNOW WHICH IS REAR IN FRONT.

SEE, BECAUSE NOW I CANNOT, I CANNOT DO MY CURSOR.

YOU KNOW, IT'S EASIER.

IT'S, IT'S ACTUALLY EASIER.

OH, OKAY.

TURN IS THE REAR THE TOP? YEAH, THE, THE UPPER LEFT CORNER.

OKAY.

THANK YOU.

UH, SO THAT, THAT'S PART OF THE, YOU KNOW, THIS EXTRA SQUARE FOOTAGE WHEN YOU SAW THE WALK-IN CLOSET NEXT TO THE BATHROOM, UH, ON THE FIRST APPLICATION, THAT BATHROOM WAS MOVED TO THAT UPPER LEFT QUADRANT.

SO, UM, TO MAKE IT BIGGER, IN CASE OF THAT, IT NEEDS TO BE USED BY, UH, THE CHILDREN AND, AND, YOU KNOW, IN ADDITION TO THE PARENTS AC ACTUALLY, THAT'S NOT WHERE THE BATHROOM WAS .

EXACTLY.

IT'S THE OTHER WALK-IN CLOSET.

YES.

YES.

NEXT TO THE STAIRWELL.

SO IT, IT WAS, IT WAS SMALLER AND IT WAS PLACED THERE.

SO IT WAS PROPOSED TO BE MOVED TO THAT UPPER QUADRANT, UH, WHICH WAS AN OPEN TERRACE BEFORE.

AND, UH, SO A BIGGER BATHROOM COULD BE THERE AND, UH, TO ACCOMMODATE IF LIKE ONE OF THE PARENTS IS USING IT AND ONE OF THE KIDS NEEDS TO USE THE BATHROOM AND THE OTHER TWO ARE BUSY, THEY COULD GO INTO THAT, UM, UM, INTO THAT ONE AS WELL.

SO DID YOU CHANGE THE DESIGN MIDSTREAM THAT YOU STARTED CONSTRUCTION AND THEN NOW YOU HAVE TO COME? YES.

OKAY.

YES.

SO WE HAD A PERMIT OF WHAT WE HAD A SELF, RIGHT.

WITH SERIAL SERIAL VARIANCES.

WE COMPLIED WITH SQUARE FOOTAGE.

WE COMPLIED WITH, UH, UH, I MEAN THE ORIGINAL PERMIT.

BUT YOU KNOW, AGAIN, LIKE LAST AND LAST YEAR, THE ALL THEIR CHILDREN MM-HMM.

, UH, UNFORTUNATELY GOT DIAGNOSED WITH, UH, UH, THIS MEDICAL CONDITION.

SO THEY HAD TO REARRANGE, UH, WHERE THEY COULD HAVE LIKE, BIGGER BATHROOMS. AND THAT'S ONE OF THE REASONS THAT THE BATHROOM WAS MOVED TO THAT UPPER LEFT QUADRANT, AS YOU SEE ON THE SCREEN MM-HMM.

.

UM, SO IT COULD BE USED FOR MORE THAN ONE PERSON AT THE TIME.

AND THE OTHER, YOU KNOW, THE OTHER BATHROOM THAT IT'S, UM, USED FOR THE OTHER TWO BEDROOMS COULD GOT SLIGHTLY BIGGER.

IS THE SQUARE FOOTAGE INCREASED BECAUSE WAS CURRENTLY THE TOP RIGHT CORNER WHERE THERE'S THE BATHROOM WITH THE EN SUITE BATH BEDROOM WITH THE EN SUITE BATHROOM? YES.

THAT'S THAT.

IT SAYS IT WAS, IT WAS OPEN TO BELOW.

YES.

WAS THAT LIKE A CATHEDRAL CEILING BELOW THAT'S IT WAS, YEAH.

LIKE IF YOU HAVE LIKE A RID ROOF AND IT'S, YOU STILL HAVE THAT ROOF, BUT BEFORE IT WAS A, A TERRACE FOR THE PRIMARY BEDROOM.

SO YOU CLOSED IN THAT SPACE THEN THAT TERRACE TO HAVE A BIGGER BATHROOM THAT COULD ACCOMMODATE TWO, THREE PEOPLE IN CASE NEEDED.

BUT ALSO IT DIDN'T HAVE THE BEDROOM THERE EITHER.

SO THAT MAY ACCOUNT FOR THE 300 SQUARE FEET, THE BEDROOM WAS THERE, BUT IT WAS SLIGHTLY SMALLER, NOT ACCORDING TO THE DRAWINGS.

AM I READING THIS ONE? BUT THE, THIS EXISTING, CAN, CAN I, UM, DO MAYBE THE SHARE SCREEN? GAR? YEAH.

I DON'T THINK IT'S EXISTING.

I THINK FROM THE PREVIOUS DRAWINGS, DO YOU REMEMBER WHAT SHE WAS THAT GAR? THAT'S FINE.

YES.

THIS, IF THIS IS THE PRE-EXISTING AND THEN THERE WERE TWO SETS OF PLANS RIGHT? FROM THE OH, SO THERE WAS ONE REASON APPROVED.

YES.

OKAY.

THAT I DIDN'T GET.

THAT'S ANYTHING I READ BECAUSE THEY STARTED CONSTRUCTION AND THEY WOULDN'T HAVE BEEN ABLE TO DO THAT.

[03:00:11]

CAN I, UH, SO CAN I, I'M JUST GOING TO YEAH.

MOVE ALONG.

PERSONALLY, MY BIGGEST ISSUE IS, UM, THE IMPERVIOUS SURFACE.

YEAH.

COVERAGE.

UM, DO THE RAW NUMBERS.

IT'S ALMOST A 43% INCREASE IN WHAT'S PERMITTED.

I KNOW YOU REDUCED IT SIGNIFICANTLY MM-HMM.

, BUT I THINK IT REALLY NEEDS TO BE WAY CUT BACK MORE.

YES.

WE, WE, WE AGREE AND WE ARE LOOKING TO DO THE IMPROVEMENTS THAT WE DISCUSSED.

AND JUST IN TERMS, I MEAN, I UNDERSTAND THAT THEY BOUGHT IT THIS WAY AND, YOU KNOW, YOU CAN'T JUST SAY THE TOWN LET THIS HAPPEN AND, YOU KNOW, UM, NO, NO.

WE'RE TRYING TO IMPROVE.

IT'S A DISINGENUOUS, BUT, UM, YOU KNOW, THERE'S A LOT OF PROPERTY IN GREENBURG, NOT LIKE THE PEOPLE ON THE CORNER POLICING THIS KIND OF THING.

SO I, I THINK YOU NEED TO LOOK AT ALL THE SETBACKS, UH, YOU KNOW, 1.87 FEET FOR THE DRIVEWAY TO THE PROPERTY LINE.

YOU KNOW, THESE ARE ALL REALLY LARGE VARIANCES THAT YOU JUST SORT OF NEED TO TAKE INTO CONSIDERATION.

IT'S A PRETTY BUILT UP NEIGHBORHOOD.

THE NEIGHBORS ARE CLOSE AND YOU KNOW, TO ME THESE ARE THE BIGGER ISSUES.

SAME RB SURFACE AND THE DRIVEWAY SETBACK.

WELL, ALL THE SETBACKS, ALL, BUT YOU KNOW, THE FLOOR, THE F A R IS THE LEAST OF THE YEAH, NO, YOU'RE RIGHT.

CONCERN IN MY I AGREE.

ACTUALLY, I AGREE TOO.

AND IF YOU KNEW THIS, THAT'S THE ONLY ONE WE THOUGHT WE WERE GOING TO NEED.

I MEAN, MEANS, MEANS WHEN, WHEN WE SAY IAND, WE BOUGHT IT.

IT'S, IT'S, WE'RE NOT SAYING YOU'RE TOLD, YOU'RE TRYING TO DO IS YOU NEED THE BEST WHEN TOWN COMES.

WAIT, WAIT, WAIT, WAIT, WAIT.

EXCUSE ME.

WE'RE ON, WE'RE TRYING TO RECORD THIS.

THIS IS NOT GONNA WORK.

ONE AT A TIME.

THANK YOU.

GO AHEAD.

CONTINUE.

OH, NO.

THAT, WELL, BY ANY MEANS, WE SAY LIKE, WE BOUGHT IT AND WE'RE, WE'RE, WE'RE TRYING TO MAKE IT WORK UP TO THE BEST OF THE GEOMETRY, OF THE LAYOUT OF THE, OF THE LOT, THE ELEMENTS THAT ARE THERE THAT MADE THEM BUY THE PROPERTY, LIKE THE POOL.

AND, UH, YOU KNOW, THE BUILDING ITSELF, I MEAN, WE'RE TRYING TO DO AS MUCH AS POSSIBLE.

I'M GONNA LOOK FURTHER TO FINE TUNE IF NEEDED.

YOU KNOW, TO THE BEST OF THE EXTENT, YOU KNOW, AS MY, MY CLIENTS, UH, YOU KNOW, THESE HOMEOWNERS, WHERE ARE YOU WILLING TO GIVE UP HERE AND THERE SO WE CAN GET TO A SOLUTION? BECAUSE NOW, YOU KNOW, READING AND, AND SEEING EVERYTHING AND SEEING THE WAY YOU SEE IT AS WELL, WE'RE ABLE TO SEE LIKE THE, THE, OUR MAJOR CONCERN IS LIKE THE LEAST OF THE CONCERNS HERE, WHICH IS LIKE THE EXTRA 300 SQUARE FEET FOR A, FOR A BATHROOM.

NO.

AND, AND ALSO JUST THE, THE FACT THAT YOU'VE PRESENTED THE REASON WHY THE BATHROOMS HAVE TO BE BIGGER AND YOU DO NEED MORE ROOM THAN PERHAPS, NORMALLY YOU MIGHT, BUT I DON'T SEE THE AMOUNT OF IMPERVIOUS SURFACE BEING NECESSARY BASED UPON WHAT YOU SEE AS HARD HERE.

YES.

THAT'S, THAT'S CORRECT.

THAT'S WHY WE ARE WILLING TO, TO WORK ON THAT AND REDUCE AS MUCH AS POSSIBLE, UM, YOU KNOW, SO THAT WE CAN DO SOMETHING MM-HMM.

THAT WORKS FOR THE NEIGHBORHOOD, WORKS FOR OUR CLIENTS, AND WORKS WELL FOR EVERYBODY.

AND MAYBE YOU CAN WORK WITH, UH, WITH THE TOWN AND, UH, COME UP WITH SOMETHING THAT, UH, WILL SATISFY.

'CAUSE IF, IF WE ALLOW SOMETHING LIKE THIS, I MEAN, IT'S GONNA BE YES, YES, YES.

I THINK THERE'S MEMBERS OF THE PUBLIC HERE THAT INTEND TO SPEAK TONIGHT.

OKAY.

SO BOARD KNOW.

ALL RIGHT.

I, I, I DO WANT TO SAY ON THE RECORD THAT WE MADE AN EFFORT TO MEET WITH THE TOWN AHEAD OF TIME.

UM, GARRETT IS AWARE OF THAT.

THE TOWN DECLINED TO MEET WITH US.

SO WE MOST CERTAINLY WERE WILLING TO MEET WITH THE TOWN AND ARE STILL WILLING TO MEET WITH THE TOWN TO SEE WHAT THEIR SUGGESTION WOULD BE IN ORDER TO GREENLIGHT THIS AS QUICKLY AS WE CAN.

BUT IN MY PERSONAL OPINION, IT IS UNFORTUNATE THAT A WRITTEN REQUEST FOR A MEETING WAS NOT ON.

YES.

COME UP, MA'AM.

HI, MY NAME IS CYNTHIA MARTE DOMINGUEZ.

UM, I JUST WANTED TO SAY THANK YOU FOR HEARING US TODAY.

UH, THIS HAS BEEN A JOURNEY, I HAVE TO SAY, BUT, YOU KNOW, MY HUSBAND AND I, WE RECEIVED WORD AT OUR PAROCHIAL SCHOOL WHERE WE SENT THE KIDS ALL FOR, TO,

[03:05:01]

WE WERE PAYING TUITION FOR THEM TO GO TO.

CATHOLIC SCHOOL WAS GONNA CLOSE.

UNFORTUNATELY, THE DIOCESE OF NEW YORK WAS CLOSING SCHOOLS.

UH, SO WE DID START LOOKING FOR A NEW SCHOOL DISTRICT.

AND, UH, I WORK AT CORNELL IN THE CITY, SO WE DIDN'T WANNA BE TOO FAR.

AND IT'S OBVIOUS, RZ IS A WONDERFUL SCHOOL DISTRICT, AND SO THIS IS A HOME THAT WE COULD AFFORD.

IT DID HAVE ISSUES THAT WE KNEW ABOUT.

LIKE THERE WAS MOLD, ASBESTOS, UH, LEAK IN THE BASEMENT, WATER DAMAGE TILES UP.

LIKE EVERYTHING THAT, YOU KNOW, WE COULD PROBABLY THINK ABOUT.

UM, BUT THE ONE THING THAT HAS COME ABOUT OUT OF ALL OF THIS IS THAT MY KIDS ARE SO HAPPY.

THE SCHOOL HAS BEEN AMAZING TO THEM, NOT ONLY FOR THEIR EDUCATION, BUT ALSO THE WAY THAT THEY STAND UP FOR MY KIDS.

MY DAUGHTER IS IN MIDDLE SCHOOL, SIXTH GRADE.

SIXTH GRADE GIRLS CAN BE VERY MEAN.

SHE WAS BEING CYBER BULLIED BY ONE OF THE GIRLS IN THE SCHOOL BECAUSE SHE WAS THE NEW KID.

AND WE TOOK SCREENSHOTS OF THE CONVERSATIONS.

WE SENT THEM TO THE SCHOOL, AND THAT ENDED AT THE MOMENT THAT THE SCREENSHOTS WERE SENT.

SO THE TEACHERS, AS WELL AS GIVING THE KIDS A GOOD EDUCATION, THEY ALSO PROTECTED MY DAUGHTER.

AND THAT'S SOMETHING THAT I'M VERY GRATEFUL FOR BECAUSE IT'S A REALLY BIG SCHOOL DISTRICT AND THERE'S A LOT OF KIDS, YOU KNOW, UM, THE TWINS ARE ALSO DOING GREAT, AND THEY'RE SO HAPPY.

THEY LEARNED HOW TO PLAY PICKLEBALL.

I DON'T EVEN KNOW WHAT PICKLEBALL IS, BUT THEY COME HOME AND THEY TALK ABOUT THAT TODAY.

THEY WENT TO THE AQUAQUARIUM IN NORWALK.

SO MY KIDS JUST, YOU KNOW, EVERY DAY THEY JUST ASK US, THEY JUST WANNA MOVE INTO THEIR HOUSE.

UM, YOU KNOW, THEY DID.

MY SON HAD A COLONOSCOPY LAST FRIDAY.

BATHROOMS ARE OUR NEED, LIKE RA SAID.

SO FOR US, WE THOUGHT, YOU KNOW, THAT OUR ISSUE WAS LIKE MORE LIKE, YOU KNOW, WE NEED MORE SPACE.

AND THEN IF IT'S THE IMPERVIOUS SURFACE OUTSIDE, BY ALL MEANS, PLEASE, WE WILL DO WHATEVER IT TAKES.

BECAUSE OUR KIDS KEEP ASKING US WHEN ARE THEY MOVING INTO THEIR NEW HOUSE.

THAT'S ALL THEY ASKED.

THANK YOU.

YOU'RE WELCOME.

ARE YOU, WE HAVE SOMEONE WHO WANTS TO SPEAK.

I JUST HAD A QUESTION.

OKAY, GO AHEAD.

UM, IS YOUR CONSTRUCTION BEING HALTED BECAUSE OF THIS? YES.

YES.

HAVE A PICTURE HERE THAT MY SON HAVE TO FIX THIS, BECAUSE THAT'S THE RULE.

YOU HAVE TO MAKE, HAVE TO MAKE FIX APART.

PLAN FOR THIS, THIS MONTH.

HI, HOW YOU DOING? HELLO.

HOW YOU DOING GABRIEL? THE, THE CONSTRUCTION HAS STOPPED.

UM, WE STARTED AGAIN WITH PLUMBING, UM, THIS WEEK THAT JUST CAME IN BECAUSE, UH, WE CAN DO PLUMBING.

WE STILL HAVE PERMITS TO DO PLUMBING, ELECTRICITY, BUT THE VARIANCE CANNOT BE TOUCHED.

WHAT WE WANTED WAS JUST THE BATHROOM AND THE BATHROOM FOR MY SON AS GOING TO HIGH SCHOOL.

BUT EVERYTHING ELSE CAME OUT THAT WE HAVE TO PAY FOR.

BUT IT'S PART OF THE, YOU KNOW, LIFE YOU LIVE AND YOU LEARN.

BUT LIKE MY WIFE SAID, WE ARE HAPPY.

YOU DON'T BUY A HOUSE.

YOU BUY A NEIGHBORHOOD, YOU DO WHATEVER YOU HAVE TO DO TO MAKE YOUR NEIGHBORHOOD BETTER, YOU KNOW? SO I DON'T KNOW WHERE EVERYONE COMES FROM, BUT I DON'T COME FROM A GOOD PLACE.

SO WHATEVER I CAN DO BETTER FOR MY KIDS IS THE PLACE THAT I WANT FOR MY KIDS.

AND EVERYONE SHOULD DO THE SAME THING FOR THEIR KIDS.

SO WHEN WE PURCHASED THIS, WE MADE SURE IT WAS TWO THINGS THAT INVOLVED IN PURCHASING THIS HOUSE, THE SCHOOL DISTRICT AND THE, AND THE POOL.

'CAUSE NOW THEY HAVE A SUMMER HOME WHERE WE DON'T HAVE TO WORRY ABOUT WHAT THEY'RE GONNA DO FOR THE SUMMER.

'CAUSE THE SUMMER CAMP IS VERY EXPENSIVE.

PLUS OUR, UM, CATHOLIC SCHOOL WAS CLOSING DOWN.

SO THAT'S THE REASON WE PURCHASED THIS HOUSE.

OUR REALTOR ALSO GAVE US THIS HOUSE.

SHE SAID IT'S A GOOD NEIGHBORHOOD AND A GOOD, UH, PLACE TO LIVE.

AND DRIVING AROUND, WE SAW SO MANY NICE NEW CONSTRUCTION HOMES.

SO WE SAID WE CAN DO IT.

ALL WE HAVE TO DO IS SELL OUR HOME TO PAY OFF THIS HOME, AND WE'RE GOOD TO GO.

WE TOOK A LOAN, WE'RE DOING WHAT WE HAVE TO DO, BUT WE STILL OWN A HOME THAT WE'RE GONNA BE ABLE TO PAY OFF ONCE WE SELL THAT HOME.

AND THEN WE WILL BE OKAY.

RIGHT NOW IT'S A LITTLE TIGHT, BUT ALL WE NEED IS, WELL, WE CAME FOR WAS THAT, BUT THEN OUR ARCHITECT AND OUR LAWYER SAID SO MANY OTHER THINGS THAT YOU, YOU'RE LIABLE FOR.

SO WHATEVER WE HAVE TO DO, I JUST ONCE TRY TO GET IN FOR SEPTEMBER SO I DON'T HAVE TO KEEP DRIVING FROM THE YONKERS AND GETTING ON THAT LINE AND WAITING.

AND THEN, YOU KNOW, IT'S MY, MY DAUGHTER'S AT 7 42, MY TWINS AT EIGHT 30.

I WASTE AN HOUR, YOU KNOW, AND THEN I

[03:10:01]

GOTTA DRIVE TO THE CITY TO WORK.

THAT'S ALL.

IT'S, THANK YOU SO MUCH.

IS THERE ANYONE ELSE HERE IN THE AUDIENCE THAT WANTED TO SPEAK THAT'S NOT IN THE COMMUNITY? ALL RIGHT, WE, THERE'S ONE SPEAKER ON ZOOM.

UH, MR. SPLAIN, IF YOU CAN UNMUTE YOUR MIC.

UH, IT'S YOUR TURN TO SPEAK.

YES.

HOW YOU DOING? CAN YOU HEAR ME? YES.

PRETTY COOL.

OKAY.

UM, WELL, FIRST AND FOREMOST I'D LIKE TO MENTION THAT MR, IS IT MR. GREENSTEIN, THE GUY THAT SPOKE FIRST? UM, HE MENTIONED THAT IT WAS, UH, A REMODELING.

UM, AGAIN, THIS HOUSE WAS COMPLETELY DEMOED AND BUILT FROM SCRATCH UP.

UM, I DON'T HAVE A PROBLEM WITH THE HOUSE.

I DON'T HAVE A PROBLEM WITH THE SIZE OF THE HOUSE.

I DO HAVE A CONCERN WITH THE REAR OF THE HOUSE, THE, WHERE THEY HAVE A BALCONY LOOKING DOWN ON ALL THE HOUSES, WHICH CONCLUDES MINE IN MY BACKYARD.

I DO HAVE A SERIOUS ISSUE WITH THAT.

WE WERE NEVER NOTIFIED OF THE CONSTRUCTION.

WE ALL, WE, WE FOUND OUT BY ONE MORNING GUYS COME IN AND DEMOED THE HOUSE, AND THEN WE SEE THE HOUSE GOING UP.

WE DIDN'T KNOW WHAT PLANS WERE IN PLACE.

WE DIDN'T KNOW THAT IT WAS EVEN HAPPENING.

NO ONE NOTIFIED US.

I DO REMEMBER THAT WHEN I WAS GOING FOR A INSTALLING A SHED IN GREENBURG, I HAD TO NOTIFY MY SURROUNDING NEIGHBORS, UH, WITH THE LETTERS.

I NEVER SEEN ANYTHING LIKE THAT COMING THROUGH THE MAILBOX.

SO AGAIN, I HAVE NO PROBLEM WITH THE SIZE OF THE HOUSE PERSONALLY, BUT I WOULD PREFER IF THEY WERE ABLE TO ENCLOSE THE BACK AREA WHERE THE, THE SECOND FLOOR WHERE THEY HAVE A BALCONY, BECAUSE IT DID, WE DON'T HAVE A LOT OF PRIVACY IN THAT AREA.

AGAIN, IF ANY OF YOU EVER WERE IN THAT NEIGHBORHOOD, YOU WOULD SEE THAT WE'RE ALL RIGHT UP AGAINST EACH OTHER.

AND WE HAVE AN AN EIGHT FOOT FENCE THAT WE INSTALL OURSELVES FOR PRIVACY.

AND THAT'S GOING TO BE IN COMPLETELY, UH, USELESS.

NOW IF THIS BALCONY IS ALLOWED TO PROCEED, THAT'S MY CONCERN.

DO YOU HAVE ANY SUGGESTIONS, SIR, AS TO WHAT YOU WOULD THINK MIGHT SOLVE THE PROBLEM? UM, I WOULD LIKE IT TO BE ENCLOSED.

I MEAN, IF I WOULDN'T, I WOULDN'T LIKE TO PUT THE BURDEN ON THE FAMILY TO REMOVE IT BECAUSE I THINK, YOU KNOW, THEY'RE HARDWORKING PEOPLE.

BUT I DEFINITELY THINK IT SHOULD BE ENCLOSED, WHETHER IT'S A USABLE WORKING SPACE INSIDE, MAYBE NOT.

BUT IT DEFINITELY SHOULD BE ENCLOSED MAYBE AS A PLAYROOM FOR, FOR, FOR THE, UH, FOR HIS FAMILY OR SOMETHING.

BUT IT DEFINITELY NEEDS TO BE ENCLOSED.

IT CANNOT BE LEFT AS AN OPEN BALCONY LOOKING DOWN ON ALL THE NEIGHBORS.

OKAY.

ON THE, CAN I ASK A QUESTION ON THE EXISTING HOUSE, WERE THERE WINDOWS UP THERE AGAIN, I DON'T WANT TO, I DON'T WANT TO OPEN UP A A A CAN OF WORMS HERE, BUT, UM, THE ORIGINAL GUY THAT WAS SPEAKING THERE, MR. STEIN, I THINK IT IS.

I MEAN, HE, I I SHOULD HAVE GOT HIM TO BUILD MY HOUSE BECAUSE, UM, HE TOLD A LOVELY STORY.

THAT HOUSE THAT WAS THERE ORIGINALLY WAS COMPLETELY DESTROYED.

IT WAS A RUNDOWN OLD HOUSE.

IT NEEDED TO BE KNOCKED DOWN.

IT WAS KNOCKED DOWN.

IT WAS BUILT BACK UP TO THIS BEAUTIFUL, WHAT YOU SEE RIGHT NOW.

BUT I DON'T BELIEVE THERE WAS TOO MUCH OF THE EXISTING HOUSE LEFT.

I THINK THAT MAYBE THE ONE FOUNDATION WALL, WHICH IS A LAW IN IN GREENBURG, ARE ALLOWED TO DO.

UM, OUR CONCERN.

MY CONCERN, I'M SURE MY NEIGHBOR AS WELL, AT 21 IS THE, IS THE DECK ON THE, ON THE SECOND FLOOR.

WE HAVE NO ISSUE WITH THE SIZE OF THE HOUSE, WITH THE, WITH THE, WITH THE ROOF, YOU KNOW, WITH THE, THE OVERALL IT IS TWICE THE SIZE OF THE ORIGINAL ONE.

BUT WE, I PERSONALLY DON'T HAVE A PROBLEM WITH THAT.

I HAVE A PROBLEM WITH THE BALCONY OUT THE BACK.

I THINK THAT NEEDS TO BE ENCLOSED AND I THINK IT WOULD BE BENEFICIAL FOR THE FAMILY TO HAVE IT ENCLOSED AND GIVE A MORE, UH, INTERNAL SPACE.

ALL RIGHT.

IF WE ARE GOING TO CONTINUE THIS CASE, WE'RE GONNA HAVE TO TAKE A VOTE BECAUSE WE IT 10 30? NO, YOU ALREADY STARTED HERE.

OH, OKAY.

SO WE CAN KEEP GOING.

ALRIGHT.

SO, UM, I DON'T KNOW IF ANYONE ELSE IS OUT THERE THAT WANTS TO SPEAK, UH, NOT ON THE ZOOM.

IS THERE ANYONE ELSE IN THE AUDIENCE THAT WISHES TO SPEAK? OKAY.

HI.

TALK TO HER ABOUT THAT.

MY NAME IS, UH, MARTHA.

I SAY, EXCUSE ME.

CAN I, CAN I BE GONNA BE HEARD? OH, SIR, HOLD THE MIC.

YEAH, I'M SORRY.

YEAH, I'M SORRY.

WOULD I JUST WANNA KNOW, WOULD IT NOT BE PRODUCTIVE FOR SOMEBODY FROM THE BOARD OR FROM SOMEBODY FROM THE TOWN TO COME OUT AND TAKE SOME PICTURES

[03:15:01]

SO THE BOARD CAN MAKE AN EDUCATED DECISION ON THIS INSTEAD OF JUST GUESSING THAT WHAT'S GOING TO HAPPEN HERE? 'CAUSE YOU'RE ALL, NONE OF YOU HAVE VISUALLY SEEN IT.

YOU'RE ALL LOOKING AT DRONES THAT THE ARCHITECTS HAVE DESIGNED THAT ABSOLUTELY DON'T GIVE YOU A REALISTIC VIEW OF WHAT'S ACTUALLY HAPPENING ON SITE.

I, I ACTUALLY DROVE BY THE HOUSE YESTERDAY.

YEAH, WE MAKE DID YOU GO, DID, DID YOU DROVE, DID YOU, DOES YOU HAVE SIR? NO, NO, BUT WERE YOU, WERE YOU AT THE REAR OF THE HOUSE, MA'AM? OR JUST THE FRONT? I DID NOT GO TO THE REAR OF THE HOUSE.

WELL, THERE YOU GO.

THAT'S, THAT'S MY ISSUE.

MY ISSUE IS THE REAR NOT THE FRONT.

I THINK WE UNDERSTAND YOUR ISSUE.

THAT'S WHY I ASKED YOU DID YOU HAVE A SOLUTION AND YOU DID PRESENT IT.

SO I'M NOT CERTAIN WHY YOU'VE, UH, MAKING A DECISION.

WELL, I I'M NOT TOO SURE WHAT YOU'RE VOTING ON.

I DUNNO IF YOU'RE VOTING ON MY SOLUTION OR YOU'RE VOTING ON APPROVAL TO MOVE FORWARD.

MAYBE YOU DIDN'T HEAR SOME OF THE, THE PART OF THE CASE EARLIER.

THERE ARE SOME ISSUES HERE THAT HAVE TO BE CLEARED UP AND I DON'T THINK THAT, UH, IT'S POSSIBLE TO DO THAT THIS EVENING.

NO.

OKAY, SIR.

UNLESS YOU HAVE MORE COMMENTS, WE'RE GONNA MOVE ON TO THE NEXT SPEAKER.

GO AHEAD.

THANK YOU.

PULL THE MIC DOWN PLEASE.

I'M SHORT.

SORRY.

THAT'S OKAY.

HI, UM, MY NAME IS MARTHA GONZALEZ.

I LIVE ON 2 2 3 C COURT ROAD, WHICH IS THE HOUSE NEXT TO THE NEW ONE THAT'S BEING BUILT.

UM, THE HOUSE IS, IT'S BIG, IT'S BEAUTIFUL.

UM, I DON'T HAVE A PROBLEM WITH THE, THE OPEN PATIO.

UM, IT'S GONNA BE GORGEOUS.

THERE'S ANOTHER HOUSE AT THE END OF THE BLOCK THAT'S THE SAME OPEN.

IT LOOKS FINE.

UM, WITH REGARD TO THE GENTLEMAN'S COMPLAINT THAT HE, THEY CAN, WE'RE GOING, THEY'RE GOING TO BE ABLE TO SEE OVER, UH, THE FENCE TO HIS YARD.

UM, I DON'T REMEMBER GETTING A LETTER WHEN HIS HOUSE WAS BUILT OR REBUILT, BECAUSE I REMEMBER THE NEIGHBORS FROM THERE THAT OVERLOOKS OVER EVERYBODY'S BACKYARD, INCLUDING THE ONE ON THE SIDE.

UM, AND THE CAMERAS THAT ARE POSTED ON THE SECOND FLOOR THAT OVERLOOK EVERYBODY'S YARD AS WELL.

SO YOU CAN'T HAVE, OKAY, I DID IT, BUT YOU CAN'T, UM, I THINK THE HOUSE IS GONNA BE BEAUTIFUL.

I HAVE NO COMPLAINTS ABOUT THE HARDSCAPE.

IS THAT THE CONCRETE AND EVERYTHING? YEAH, THAT, THAT NEEDS TO GO, THAT WAS LIKE ALL OVER IT IN THE FRONT, IN THE BACK.

IT JUST NEEDS TO GO.

AND THE WAY THE, THE PLANS LOOK, IT'S, IT'S GONNA BE BEAUTIFUL.

SO, UM, YEAH.

AND THEN WHATEVER WE PUT BETWEEN US, WE'LL FIGURE IT OUT.

BUT I'M GOOD WITH THE HOUSE.

SO THAT'S IT.

THANK YOU.

OKAY.

ONE MORE SPEAKER ON ZOOM.

DIFFERENT SPEAKER.

OKAY.

UM, UH, MS. EMMA SPLAIN, IT'S YOUR TURN TO SPEAK.

UH, MA'AM, WE CAN'T HEAR YOU IF YOU'RE SPEAKING.

IS SHE UNMUTED? YES.

OKAY.

MA'AM, THIS MEETING IS GOING TO BE ADJOURNED.

SO YOU CAN PUT YOUR COMMENTS IN WRITING AT THIS POINT.

IT'S LATE.

UM, SHE'S HAVING TECHNICAL DIFFICULTIES.

I THINK WE SHOULD MOVE ON.

ALL RIGHT, THANK YOU.

UM, WE ARE NOW GOING TO ADJOURN FOR OUR DELIBERATIONS.

YOU'RE WELCOME TO HANG AROUND IF YOU WANT TO, BUT YOU CANNOT COMMENT OR GET INVOLVED.

THANK YOU.

SO THESE MICS ALL ON.

SO IF YOU HIT THE GREEN BUTTON, IF YOU HIT THE BUTTON, IT'LL TURN GREEN AND THEN IT'S ON.

OKAY.

OKAY.

SO WE ARE HERE ON OUR DELIBERATIONS.

EVERYBODY HIT THE BUTTON.

'CAUSE IF YOU SAY SOMETHING AND YOU NOT COACH, YOU SAY SOMETHING AND YOU'RE NOT GREEN.

THAT NOT NEXT TO YOU.

MY .

SO, ALL RIGHT.

SO, UM, UNITED REFRIGERATION, WHAT SECOND YOU TAKE.

OH, OKAY.

ACTUALLY HAVE SOMETHING TO SAY FOR, YOU KNOW, SOMEBODY MAY HAVE A BREACH.

IS THERE ANY COMMENTS THAT SOME ANYONE WANTS TO MAKE BEFORE WE TAKE A STRUGGLE? LEMME SEE.

SWITCH ONE AGAIN, STRUGGLING

[03:20:01]

WITH THE, THERE'S THREE HOMES THAT WE'RE TALKING ABOUT.

THREE OR FOUR.

FOUR, THREE.

AND THEN OTHERWISE LARGE INDUSTRIAL DISTRICT, YOU HAVE TO EXPAND THAT A LITTLE.

SO THAT MEANS WE COULD HAVE, THAT MEANS WE CAN GO UP TO 75 FEET, UM, BECAUSE IT'S A LARGE INDUSTRIAL DISTRICT.

WELL, WOULD WE CARE AS MUCH IF NOT FOR THOSE THREE HOMES THAT ARE IN THERE? I, I, I PERSONALLY WOULD BECAUSE IT, YOU KNOW, IF, IF I WOULD CONSIDER, BUT THEY SAID IT DIDN'T WORK FOR THEM.

YOU KNOW, ONE MORE STORY, BUT LIKE, I, I WAS THERE.

I MEAN, I SHARED, YOU KNOW, WITH YOU GUYS, YEAH.

LIKE, IT, IT'S REALLY BIG AND IT'S REALLY TALL AND IT, IT'S, YOU KNOW, IT LIKE THE PICTURES THAT WERE SHOWN DIDN'T DO JUSTICE TO HOW HIGH IT'S GONNA BE.

MM-HMM.

.

SO, YOU KNOW, JUST BECAUSE OF, YOU KNOW, IT'S UNFORTUNATE 'CAUSE ELMSFORD IS LIKE RIGHT THERE AND YOU CAN GO A LOT HIGHER IN ELMSFORD, BUT LIKE, THAT'S NOT WHAT OUR ZONING WAS.

I MEAN, IT'S, IT'S A VERY LARGE VARIANCE.

YEAH.

SO I, EVEN IF THEY WERE, I MEAN, IT ONLY MAKES IT WORSE WITH THE RESIDENTIAL HOMES THERE.

AND IT WOULD, I MEAN, IT LITERALLY, EVEN THE BUILDING NOW IS HIGH ENOUGH TO BLOCK THEIR VIEWS, YOU KNOW? SO I, EVEN WITHOUT THAT THOUGH, I WOULD HAVE A PROBLEM GOING THERE AND THEY DON'T WANT TO CONSIDER BRINGING IT DOWN.

SO I, I WOULD SAY NO.

ANY OTHER COMMENTS? CONCUR? I HAVE A BIG QUESTION MARK.

NO, NO, I DIDN'T GET TO THAT POINT YET.

I'M JUST ASKING FOR COMMENTS.

WHAT'S YOUR QUESTION? NO, NO, I, I'M SORRY.

I USUALLY, I'M RIGHT.

WHETHER I'M FOR SOMETHING OR AGAINST SOMETHING.

WHAT? DO YOU HAVE A QUESTION MARK HERE? I HAVE A BIG QUESTION MARK.

YEAH, I'M VERY TORN MYSELF.

I'M NOT SURE WHICH WAY I WOULD WANT TO GO YET.

UM, AS, AS A WELL THAT'S, THAT'S A COMMENT THEN.

OKAY.

WELL, AS AN INDUSTRIAL, IT'S, IT ISN'T AN INDUSTRIAL AREA.

UM, I WOULDN'T HAVE A PROBLEM EXCEPT FOR THE FACT THAT IT'S 73 FEET.

FEET.

AND I, THEY, THEY STILL HAVEN'T GIVEN MONSTROUS ANY GOOD REASON WHY.

CAN'T BE LIKE 63 FEET OR BECAUSE THEY HAVE TO SPEND MORE MONEY.

OH.

BECAUSE ON THE SECOND PATH STORAGE ELSEWHERE, AND THEY DID SAY WITH LIKE, ECONOMY OF SCALES AND THE CONSTRUCTION STORAGE, THAT'S REALLY WHAT I WROTE IN MY NOTES WAS, UM, IT'S BASICALLY, UM, AS EXPENSIVE TO BUILD THE TWO STORIES AS ONE.

RIGHT.

AND IT REALLY LOOKS LIKE THE THIRD FLOOR IS FOR THE FUTURE FOR, YOU KNOW, MORE THAN FOR NEEDS TODAY.

RIGHT.

YOU KNOW, I WOULD AGREE WITH THAT.

JUST HAVING GONE DOWN THE RABBIT HOLE OF THE NUMBERS, THEN THEY CAN ACCOMMODATE EVERYTHING THEY SAID THEY NEED WITHOUT THE THIRD FLOOR BASED ON, BASED ON THE NUMBERS THEY PRESENTED.

SO YOU'RE TALKING A 50 FOOT BUILDING? YEAH.

OH, WE MENTIONED THAT.

AND THEY SAID NO, THEY NEVER SAID REALLY WHAT THEY DIDN'T, HE, HE CHANGED, THERE ARE NO, IN THEIR PRESENTATION, THERE'S NO SQUARE FOOTAGE MENTIONED EXCEPT IN THE MM-HMM.

THING.

THEIR DISCUSSION IS NOT BASED ON SQUARE FOOTAGE.

AND ALL OF A SUDDEN HE BROUGHT UP A TOTALLY DIFFERENT THING THAT HE LOOKS AT FROM A GLOBAL STANDPOINT.

I, I DON'T, I DIDN'T GET THE IMPRESSION HE LOOKED AT THIS SITE MORE THAN A STANDARD.

WHAT WE NEED IS X I MEAN, IT'S JUST THAT EACH, EACH STORY IS 23 FEET TALL.

RIGHT.

AND THEY HAVE LIKE THREE, UM, RACKS, OR RACKS THAT ARE THREE TIERS.

MM-HMM.

.

ALRIGHT, SO THAT'S FINE.

FOR THE FIRST FLOOR.

DO EACH OF THE OTHER TWO FLOORS HAVE TO BE THAT TALL OR CAN THEY BE 15 FEET? UM, EACH, WE TRIED TO GET THEM 23 FEET ON THE FIRST FLOOR AND THEN 15 AND 15 ON THE SECOND AND THIRD FLOOR.

WE EVEN, WE ASKED THEM TO CONSIDER IT.

IT'S WHY THEY HAD TWO BALLOONS.

SO ONE WAS THE ONE STORY AND THE OTHER WAS THE TWO STORY.

AND THEN THEY CAME BACK TONIGHT AND SAID THEY COULDN'T CONSIDER IT BECAUSE OF COSTS.

LIKE IT WOULDN'T BE WORTH IT.

MM-HMM.

TO BUILD WITHOUT PUTTING TWO FLOORS ON.

THEY'RE, THEY'RE TRYING TO CONSOLIDATE WHAT THEY WANT AT

[03:25:01]

THAT, AT THAT, IN THAT SPACE, I SHOULD SAY, AT THAT, AT THAT LOCATION, AT THAT SITE.

RIGHT.

AT THAT SITE.

THAT'S WHAT THEY'RE REALLY TRYING TO DO.

BECAUSE WHEN HE STARTED MENTIONING GLOBAL, THE WORD GLOBAL, AND THEN WHEN HE STARTED MENTIONING SHIPPING UP TO A FLOOR, ALBANY OR WHEREVER IT IS, I MEAN, COME ON, IT'S A LOT OF PLACES YOU COULD GET SOME STORAGE OUTSIDE OF WESTCHESTER COUNTY.

THAT WOULD BE MM-HMM.

A LOT LESS EXPENSIVE IF IT'S JUST TO STORE SOMETHING THAT YOU'RE SHIPPING ALL OVER THE PLACE.

I JUST, I DIDN'T LIKE MAY I JUST, IT'S NOT THE, IT'S NOT THE STORIES THAT BOTHER ME.

IT'S THE TOTAL HEIGHT, RIGHT? YEAH.

MM-HMM.

.

YEAH, TOTALLY AGREE.

I SEE WHY THEY NEED A THREE TIER RANK ON EACH OF THREE FLOORS IN ORDER FOR THEM TO BE PROFITABLE, HAVE IT RIGHT ON SITE THEN.

WELL, IT'S, THEY SAID IT'S 24 FEET TALL NOW, AND IF IT'S 23 FOR ONE FLOOR, I MEAN THAT WOULD TAKE IT, YOU KNOW, BUT THEY WOULD NOT CONSIDER IT TAKING IT TO LIKE 47, 48 FEET.

THEY WANTED TO GO THE FULL 73.

TO ME, IT'S NOT THE NEIGHBORS NECESSARILY PRECEDENT ON US ALLOWING SOMETHING LIKE JUST MM-HMM.

.

THAT'S, THAT'S MY CONCERN.

IF WE, IF THIS IS APPROVED, THIS NOW SETS A PRECEDENT AND NOW MORE COMPANIES OR YOU KNOW, BUSINESSES IN THE AREA ARE GONNA REQUEST AND THEN THE WHOLE NEIGHBORHOOD CHANGES, THE WHOLE COMMUNITY CHANGES.

THE WHOLE CULTURE CHANGES.

SO, YOU KNOW, WELL JUST USING IT THE WAY THEY PLAN ON USING IT TO CHANGE, THEY TALKING ABOUT MUCH LARGER MILE OF GOODS COMING IN AND ACTIVITY MOVING THE STORE OUT.

BUT THAT'S NOTHING.

IT'S A BIG DISTRIBUTION.

IT'S A BIG DISTRIBUTION CENTER NOW.

RIGHT.

SO THAT MEANS MORE TRAFFIC AND THAT MEANS MORE CONGESTION.

BUT THEY SAID THAT THEY, THE STREETS THEY DID INDICATE THERE WOULDN'T BE THAT MUCH TRAFFIC OR THAT MANY VEHICLES.

BUT I MEAN, FOR ME IT'S, IT'S THE HEIGHT.

I MEAN, YOU'RE THE ONLY ONE HERE WHO SAW YEAH.

OF A, YOU SAW THE BALLOONS.

YOU SAW THE BALLOONS, OKAY.

BUT THEIR SCALING WAS OFF.

YEAH.

THE SCALING WAS OFF AT 75 FEET.

THAT'S ALL IT WAS, WAS WHAT DOESN'T WELL IT WAS TWO BOAT ONE.

IS IT 51? WAS IT 75 FEET? THAT DOESN'T GIVE YOU THE SENSE OF THE MASSING OF A BUILDING THAT TALL.

I THOUGHT THERE WAS ONE ON EACH CORNER THAT'S STILL, YOU DON'T GET THE SENSE OF WHAT THIS HUGE BOX YEAH.

IS GONNA LOOK LIKE.

THAT'S SEVEN STORIES.

SEVEN RESIDENTIAL.

YEAH.

SO WHAT I HAD DONE FOR MYSELF, I GUESS I SHOULD HAVE SHARED IT WITH YOU GUYS, IS I PRINTED ONE OUT AND THEN WENT TO THE BALLOON AND DREW A BOX.

MM-HMM.

, I WENT TO A BALLOON AND DREW A BOX AND TO SEE, AND IT, IT'S VERY, IT'S, YOU'RE RIGHT.

IT'S MASSIVE.

IT'S VERY, IT'S VERY MASSIVE.

SO THE ARCHITECT AT THE LAST MINUTE SAID THAT, OH, OH YEAH, WE DID THINK ABOUT, YOU KNOW, PAINTING THIS THING OR HAVING SOME KIND OF A, UH, DESIGN ON IT SO IT DOESN'T LOOK LIKE A BIG WHITE BOX.

SO LET'S SEE IT, WHAT WHATEVER HE WAS PROPOSING.

HMM.

TO WHAT END CURE.

I, I WOULDN'T, THAT'S GONNA CURE THE HEIGHT.

I WOULDN'T APPROVE IT ANYWAY, TO BE HONEST OUT ARE THERE ARE FOUR? NO.

HMM.

WHO'S A NO.

SO THERE'S FOUR NOS.

OKAY.

SO YOU DON'T HAVE TO WAIT NEXT .

NEXT WE GET TO RECYCLE THIS.

NOW WE CAN SURE.

JUST, I'M GONNA WRITE MORE CHANCE.

THERE'S AN OPPORTUNITY TO SEE IF THEY WANT TO HOLD SOMETHING DIFFERENT.

NOW, GIVEN WHAT THEY'RE HEARING US SAY RIGHT NOW, CAN'T THEY WANNA, THEY WANNA COME BACK WITH A WHOLE NEW DESIGN.

BEN'S GOTTA US GO BACK TO THE BEGINNING.

THEY'VE GOTTA FILE ANOTHER FEE, RATHER PUT IT ON THE AGENDA.

IT'LL TAKE, YOU KNOW, THAT MUCH LONGER.

THEY'VE GOTTA STAND IN LINE, NOT A BUSINESS.

THEY, THEY REALLY WANT TO TAKE

[03:30:01]

ADVANTAGE OF WHAT THEY CAN GET.

THAT'S THE OPPORTUNITY THEY HAVE TO WHAT THEY CAN DEAL WITH THAT ALLOW US, YOU'VE GOT FOUR NOTES, SO WE CAN CLOSE IF FIT DECISION ONLY AND THEY, THEY WANT SUBMIT SOMETHING, UH, THEY CAN ASK YOU TO REOPEN.

OKAY.

OKAY.

THAT'S FINE.

THAT'S FINE.

I'M OKAY WITH THAT.

SAME THING.

IT WOULDN'T, UM, WOULDN'T HAVE TO BE RENO.

WHEREAS IF YOU DENY IT AND THEN THEY HAVE TO REAPPLY, THEN THEY HAVE TO RE-NOTICE IT.

WE'RE ALL GONNA BE HERE NEXT MONTH, GOD WILLING.

WHAT WEEK? WHAT WEEK IS IT NEXT MONTH? JULY.

WE JUST HAVE TO, UM, THERE'S A MEMBER THAT'S ABSENT.

SO I, I I THINK AT THE END OF THE DAY YOU HAVE TO HONOR WHATEVER, BUT STRAW POLL IS TONIGHT.

SO, AND YOU'LL WORKS ? NO, I JUST DON'T KNOW WHAT WEEK IT IS IN JULY.

IS IT THE, IS IT OH, THAT'S FINE.

WELL, THIS ONE WAS A WEEK EARLIER.

YEAH.

SO I DIDN'T KNOW IF THAT ONE WAS A WEEK EARLIER TOO.

OKAY.

YEAH.

I'LL BE HERE.

ALRIGHT.

ALRIGHT.

I STILL HAVE TO SAY ONE MORE THING.

I'M GOING KIND OF LIKE, NOT DOWN THE SAME RABBIT HOLE THAT SHAUNA PUT DOWN, BUT, UM, I THINK THAT IF YOU DON'T, HE, THEY DON'T NEED THREE STORIES OF 25 FEET, UH, HEIGHT IN TOTAL FOR 75 FEET.

AND IF THEY COULD REDUCE THE HEIGHT OF THE BUILDING, IF IT WERE THE EXISTING 23 OR 25 FOOT FIRST FLOOR AND THEN A SECOND FLOOR AT 15 FEET AND OR WHATEVER, 18 FEET OR WHATEVER IT REALLY NEEDS TO BE.

SO THAT RATHER THAN THREE TIERS OF RACKS, IT'S ONLY TWO TIERS OF RACKS FOR TWO FLOORS.

SO THEN IF IT'S A 15 AND 15, THAT'S 30 AND 20 THAT'S DOWN TO 50 FEET.

THAT'S A CONSIDERABLE DECREASE IN HEIGHT.

STILL GIVING THEM THREE STORIES SO THAT THEY HAVE THE, WHAT IS IT, ECONOMY OF SCALE AND GOING UP THREE STORIES AS OPPOSED TO JUST, I MEAN, GOING UP TWO MORE STORIES AS OPPOSED TO JUST GOING UP ONE STORY.

AND I BETCHA THEY'D STILL HAVE ENOUGH SPACE TO STORE WHAT THEY NEED FOR THE NEXT FIVE TO EIGHT TO 10 YEARS.

BUT IT'S REALLY, IT'S, IT'S ACTUALLY BECAUSE YOU HAVE TO PUT IN THE FLOORS.

IT'S ACTUALLY LESS STORAGE SPACE BECAUSE THEY'RE JUST STACKING STUFF ON TOP OF EACH OTHER.

SO IF, IF THEY'RE PURELY USING IT FOR STORAGE, THEY'D ACTUALLY GET MORE IN JUST TWO FLOORS VERSUS PUTTING SMALLER THREE FLOORS IN.

THEY'RE, THEY'RE EIGHT PALLETS HIGH NOW.

YEAH.

IT'S EIGHT PALLETS PER FLOOR.

IF I RECALL CORRECTLY, THE LETTER THAT WENT OUT TO THE APPLICANT.

AND COULD YOU DO TWO FLOORS OR SOME ALTERNATIVE THAT REDUCES THE VARIANCES AT THE END OF THE DAY? THAT WAS THEIR OPPORTUNITY TO RUN THROUGH SOME SORT OF ALTERNATIVE ANALYSIS LIKE YOU JUST DID AND IT JUST DIDN'T COME FORTH.

YEAH, NO, I, I, I BELIEVE, I THINK SOMEBODY DID, BUT I THINK I ANSWERED, ASKED THEM THE QUESTION, WHICH IS WHEN HE CAME AND SAID THAT IT WASN'T COST EFFECTIVE TO DO IT IF THAT, IT IT WITH ECONOMIES OF SCALE, IT'S LIKE THEY NEED THAT THIRD FLOOR, YOU KNOW, FOR PROBABLY FUTURE USE OR WHATEVER.

YEAH.

LIKE EIGHT PALLETS OR MULTIPLE SPECS.

NO, BUT I'M SAYING HOW EACH ONE OF THOSE IS A TIER.

SO THERE'S A GROUND ONE AND THERE'S, BUT THEY'RE DIFFERENT.

THEY KEEP MOVING THEM AROUND.

THEY'RE RESHAPED FOR DIFFERENT THINGS.

ALRIGHT.

BUT THAT'S NOT THE POINT I'M MAKING.

RIGHT, YOU'RE SAYING CUT IT OFF HERE.

YEAH.

AND PUT ANOTHER FLOOR AND PUT ANOTHER FLOOR ON.

OR THEY COULD HAVE CUT IT HERE.

THEY COULD HAVE 1, 2, 3 TIERS INSTEAD OF FOUR TIERS AND REDUCE THE OVERALL HEIGHT OF THE INTERIOR HEIGHT OF EACH FLOOR OF THE SECOND AND THIRD FLOOR.

BUT THEN HE SAID THE UNITS THEY'RE USING NOW ARE LARGER.

THE WHAT? THE UNITS THEY'RE USING NOW ARE LARGER THROUGH BEDROOM.

THE UNITS FOR COMMERCIAL.

YEAH.

YOU MEAN THE ACTUAL MM-HMM.

REFRIGERATION UNITS THEMSELVES.

MM-HMM.

IF WE WANNA CLOSE FOR DECISION ONLY AND LIKE ASK THESE QUESTIONS OR LET THEM, THEY CAN HEAR US.

THE OTHER ALTERNATIVE IS TO JUST ADJOURN IT FOR ALL PURPOSES.

THEY'VE HEARD YOUR VOTE SO THAT YOU KNOW THAT OKAY FO WILL FO COULD FOCUS THEIR MIND NOW A LITTLE BIT MORE EMPHATIC.

YEAH.

THAT YOU'VE HAD A STRAW VOTE AT LEAST.

SO THAT IF THERE'S ANY INPUT,

[03:35:01]

ANY WILLINGNESS ON THEIR PART, NOW KNOW WHERE YOU'RE SO THINK A LITTLE HARDER.

MAYBE THEY KNOW WHERE YOU'RE GOING.

SO, SO THAT WAY YOU DON'T HAVE TO DO ANYTHING, JUST ADJOURN FOR ALL PURPOSES AND THEN SHOW US WHAT THE ARCHITECT WAS SAYING HE WOULD DO IN ORDER TO HAVE IT BLEND IN BETTER.

RIGHT.

THAN JUST HAVING A WHITE BOX.

NOT THE ARCHITECT, SORRY, , WHILE IT WAS DON'T DO THAT TO ME.

, HE WAS THE ONE WHO BROUGHT IT UP, BUT IT WAS THE ARCHITECT WHO THEN CAME BACK AND SAYS, OH YES IS, BUT IT JUST SO HAPPENS.

I UNDERSTAND, BUT THAT'S NOT GONNA HELP, THAT'S NOT WHAT YOU'RE CONCERNED ABOUT.

YEAH.

WELL, UM, AT LEAST IT COULD HAVE SOMETHING TO DO.

YEAH.

BUT TO THE RESIDENTS NOT, NOT, NOT GOING UP 75 FEET.

YEAH, THEY'RE STILL GONNA NO, BUT IF IT WERE GOING UP THREE STORIES, 50 FEET OR 55 FEET MAYBE THEN IT WOULD MAKE A DIFFERENCE.

HMM.

THEY CAN HAVE A LIGHT OR MAYBE HAVING IT BLEND IN MIGHT MAKE IT MORE PALATABLE TO THE NEIGHBORS.

I DON'T KNOW.

I JUST DON DON'T YOU ALSO WANT TO PUT YOURSELF IN A POSITION WHERE YOU'RE SAYING, WELL, OKAY, WOULD YOU BE WILLING TO DO 50, WHICH MAY NOT BE ACCEPTABLE TO THE OTHER MEMBERS OF THE BOARD EVEN THEN.

MM-HMM.

AND THEN YOU'RE SORT OF PUTTING YOURSELF OUT THERE TO SAY, WELL, IF THEY DO COME DOWN TO 50, WE'LL GRANT IT.

THIS IS A BARGAINING SESSION HERE.

UM, YOU WANT TO REALLY SAY THAT? WE'LL JUST LEAVE IT OPEN-ENDED.

IS THERE ANY CIRCUMSTANCE UNDER WHICH YOU WOULD REDUCE THE HEIGHT? IF SO, COME IN WITH IT WITH YOUR BEST OFFER NOW.

YOU KNOW, OR JUST, I AGREE.

A SMART MAN TOLD ME TODAY I'M NOT RUNNING THEIR BUSINESS .

SO, UH, WHAT DOES THE BOARD WANT TO DO? ADJOURN FOR ALL PURPOSES.

WHAT YOU SAID .

OKAY.

YEAH.

WHICH ONE? THE FIRST ONE I SAID.

THAT'S WHAT I SAID FIRST.

YEAH.

I SAID CLOSE IT FOR DECISION ONLY.

I SAID OR ADJOURN FOR ALL PURPOSES.

I THINK IT'S FINE TO ADJOURN IT FOR ALL PURPOSES.

OKAY.

SO WE'LL, WE'LL DEVELOP A LETTER AND SEND THAT TO THEM BASED ON THE DISCUSSION.

MM-HMM.

.

OKAY.

40.

YOU CAN BRING YOU OUT A COPY OF THESE.

OKAY.

YOU WANNA HAVE A COMMENT ON THAT? ANY COMMENTS ON THAT DECISION OR IS IT UH, GOOD AS IS? NO, IT'S PRETTY DETAILED.

OKAY.

SO WE'LL PRINT FOR YOU HERE.

OKAY, GREAT.

HERE WE GO.

THAT'S NOT ALL IN THERE.

NO.

EVERYTHING BUT THE, THAT'S JUST THE COPY.

BUT THE PLANS, AND I DON'T KNOW IF THIS IS A FULL, THIS SHELL, I APOLOGIZE FOR THE FORMATTING.

IT WAS TAKEN FROM THE, THE OLD DECISION AND SOMEHOW IT DIDN'T TRANSLATE.

THIS, THIS IS THE ONE MAY 4TH, 2023.

THAT'S OKAY.

YOU CAN ALWAYS CHANGE THAT.

OKAY.

AND I THINK I DEFINITELY WILL NOT BE READING THE FINDINGS ON THIS , EVEN IF YOU EIGHT.

OKAY.

NEXT IS YOU'RE NEXT IS, UM, AMAZING.

I WAS IMPRESSED THAT HE MADE THE CHANGES.

NOW WHEN I, WHEN I HEARD THE URNS, OH DOMINGEZ, WHEN I HEARD THEIR CONCERNS ABOUT HAVING TO HAVE SOMETHING AROUND THE POOL, I THOUGHT BACK TO HIM RIGHT AWAY BECAUSE MADE GRASS.

YEAH.

GUESS WITHOUT, YOU KNOW, I MEAN WE DIDN'T SAY ANYTHING ABOUT IT.

JUST ANY GRASS.

YEP.

AND HE TRIED TO MAKE THE, THE DRIVEWAY NARROWER IMPRESSED BY MAKING IT GRASS.

'CAUSE EVERYBODY SAYS ACTUALLY GRASS DOESN'T GET

[03:40:01]

HOT.

GRASS IS SOFT ON YOUR FEET.

GRASS IS SO MANY ON THE OTHER HAND, YOU TRACK THE GRASS IN THE POOL.

, WHAT HAPPENS WHEN YOU MOW THE LAWN? MM-HMM.

HIRE SHEEP.

WELL, MAYBE YOU COULD PUT DOWN MY GOD, ARTIFICIAL TURF.

I MEAN SOME OF THE ARTIFICIAL DON THAT'S HOT.

IS IT? I THINK SO.

YEAH.

YOU IT IS.

I WAS SINGLE TURFS AN ASTRO TURF.

YEAH, IT IS.

AND IT GETS AND IT AND IT IS.

I'M DECK GOES OUT WITH BARE FEET AND SITTING IN THE SUN.

SO I DUNNO.

NO, I WAS THINKING THE SPORTS TURF, THAT THAT STUFF IS REALLY WARM AND IT HAS, IT GETS LIKE PELLETS, BUT IT'S COAST GRASS.

RIGHT.

SO YEAH.

THIS IS GOOD.

I SO THE ONLY QUESTION NO, WE JUST NEEDED SOMEBODY TO TALK ABOUT FOOT.

WHAT, WHAT, WHAT HE DID OFFER TO DO THE GRAVEL.

MM-HMM.

UH, HE DID OFFER.

AND, AND IN THAT SENSE, YOU GRAVEL DOESN'T MAKE SENSE BECAUSE WHEN YOU GOT A DRIVEWAY LIKE THAT, YOU'VE GOTTA PUSH A PLOW DOWN IT.

MM-HMM.

AND GRAVEL'S NOT STATED.

AND IT DOESN'T, AND, AND EITHER IT'S THE, IT'S THE SAME AND YOU STILL NEED A VARIANCE.

IT DOESN'T, IT DOESN'T CHANGE HIS VARIANCE, BUT IT CHANGES THE ACTUAL ENVIRONMENTAL IMPACT.

YEAH.

'CAUSE THE GRAVEL IS PERVIOUS EVEN THOUGH IT DOESN'T COUNT.

I KNOW.

TOWARDS ANYTHING.

SORRY, I HEARD ENVIRONMENTALISTS IN HERE.

CAN YOU KEEP REPLENISHING IT? WHAT? WHAT? YEAH.

YOU HAVE TO KEEP REPLENISHING IT, RIGHT? OH, I KNOW.

IT DOESN'T LAST FOREVER.

RIGHT.

WELL, WE'RE GOOD WITH THIS ONE.

DO YOU WANNA DO A STRAW OR LIKE I'M FINE WITH THIS.

I'M FINE.

I AM.

WE HAVE ONE FAVOR.

SIX.

YEP.

DAUGHTER WILL BE HAPPY.

.

AND YOU'RE HAPPY WITH THE LOCATION AND THE SIZE RATHER THAN THE ROOF? YEAH.

THAT'S THE ONLY, THAT MAKES SENSE.

SEE, I THINK, UM, CONDITION BE THE LANDSCAPING AS, UH, IN THOSE PLANTS AS AN ADDITION.

YES.

HE ADDED A LOT OF TREES.

CITY'S GOING TO PUT UP SIX 16 FOOT TREES.

I BELIEVE HIS TREE PLAN WAS GREAT.

YEAH.

IT WOULD BE NICE TO HAVE THAT IN THE INCISION, RIGHT? YEAH.

YOU HAVE IT WRITTEN UP ALREADY? OH, I GET THE TRANSCRIPTS PRETTY SOON.

WELL, IT'S ALREADY NEXT WEEK NOW.

.

IT'S ALREADY TOMORROW.

YES.

UM, BUT ED, SO JUST TO BE CLEAR, UM, WE WOULD WANT THE PERSON THAT, UM, WE READS THIS TO CUSTOMIZE THE, THE, THE CRITERIA.

I WOULD YEAH, ED WOULD PREFER A NOTE ABOUT THE FINDINGS.

HE ADDED A NOTE ABOUT THE WHAT? FINDINGS ON FINDINGS.

SO, OKAY.

SO JUST SEND ME, SO WE'VE WRITTEN THE, THE WHOLE FRONT HAS THE FACTUAL INFORMATION, SUCH AS THE PLAN DATES AND ALL THAT.

UM, NUMBER FOUR, WE WILL HELP YOU OUT WITH THAT, WITH THE LANDSCAPING.

BUT AS FAR AS, UM, WILL NOT RESULT IN UNDESIRABLE CHANGE TO THE NEIGHBORHOOD.

UM, JUST TO, YOU KNOW, LIKE FOR INSTANCE, FILL THAT OUT.

A QUICK NOTE ABOUT THE POOL BEING BUFFERED BY THE LANDSCAPING.

WAIT A MINUTE.

AM I WRITING THIS UP? YES.

OH, WELL, DID YOU TWO WANT TO WRITE THIS UP? WE, IT AS TEAM.

I'M, I'M GONNA DO IT.

BUT HE SAID HE'LL HELP ME AS A TEAM.

I, WE'RE STICKING TO IT.

THIS HAVE TO GET DONE TONIGHT SO WE'RE NOT READING.

SO ED, I'LL LEAVE IT UP TO YOU.

ED.

UM, READING THE FINDINGS TO DO NOT DOING IT AND GOING HOME AND BRINGING IT IN IS, HAS BEEN SOMEWHAT PROBLEMATIC.

I'LL DO IT TONIGHT.

I'LL STAY AND I'LL WORK ON IT IF YOU'LL HELP ME WITH IT.

YOU DO IT.

I DON'T KNOW.

I, I I ASSUME YOU MIGHT HAVE BEEN HERE THEN.

NO, I WAS, I WAS, WE USED TO DO IT.

.

YEAH.

AND IT, IT MAKES LIFE A LOT EASIER.

IT CUTS DOWN A LOT FOR SOME REASON.

MM-HMM.

.

IT JUST WORKS OUT BETTER.

SO IF YOU, I BY THE SAME TOKEN, I REALIZE THE HOUR.

SO, SO WE'LL, WE'LL START THAT NEXT MEETING.

OKAY, WE'LL NEXT MEETING.

.

.

OKAY.

SO WHERE ARE WE? THIS MONTH IS, UH, TWO ARTICLE.

SO THIS ONE IT'S ALL, NO, NO, NO.

IN THIS INSTANCE.

I'LL DO IT.

I'LL TAKE IT HOME.

OKAY.

I'LL DO IT.

BUT LAST MONTH YOU WERE PRO, YOU PROMISED TO SEND ME THIS AS A WORD DOCUMENT.

I'M GONNA MAKE NOTE.

YEAH.

I NEED ONE TOO.

BUT I'M GONNA SEND YOU BOTH THE SAME ONES YOU CAN COMBINE ON IT.

OKAY.

OKAY.

SO YOU'LL JUST READ 1, 2, 3, 4.

[03:45:03]

OKAY.

OKAY.

UM, SO DO I HAVE YOUR EMAIL ADDRESS? YEAH.

I'LL, SO MR. CROOK AID THE DRIVEWAY DIDN'T GIVE YOU THE STREET? LEMME YES, WE DID FIND OUT.

WE DID LOOK IT UP IN THE AVERAGE SS U V WIDTH WAS UM, SIX AT SIX FEET, EIGHT INCHES.

AND THE DRIVEWAY 17 SIX.

YES.

SO 17 SIX.

AND IS WILL NOT FIT.

2, 2, 5, RIGHT? WELL, NO, BUT SIX SIX FEET, EIGHT INCHES IS LIKE 13 AND A HALF.

YOU NEED AT LEAST 20 FEET TO ADEQUATELY OPEN DOORS.

AND, AND NOT, IT JUST FLAT OUT DON'T DO THAT.

NO, I'M SAYING IN A, IN A PUBLIC, IN A PUBLIC PARKING LOT, YOU NEVER WOULD IN SOMEBODY'S BACKYARD IN THEIR OWN PRIVATE DRIVEWAY.

THEY DO.

VERY TIGHT.

VERY TIGHT.

NOT, NOT BECAUSE ONE, ONE DRIVER PARKS ALL THE WAY TO THE SIDE.

'CAUSE THEY'RE OPENING THE DRIVER'S DOOR THERE TO DROP SOMEBODY OFF.

WE, WE HAVE A GARAGE UNIT WE CAN'T OPEN.

YOU HAVE TO BE DROPPED OFF THAT SIDE AND DRIVE IN FURTHER BACK YOU GO THE LESS OF REPAIRING.

RIGHT.

BUT HE WANTS IT.

IT IS.

AND THAT'S WHY I WAS, YEAH.

THAT'S WHY I WAS FOCUSING ON THE FACT THAT MM-HMM.

.

YEAH.

THE 17 AND HALF FEET IS WHERE IS THE UP AND DOWN OR LEFT.

RIGHT.

RIGHT.

I FIGURED.

SO 17 FEET, HOW WIDE IS THE UP AND DOWN? OH, YOU MEAN ON THE, ON THE, ON THE NOOK.

THE NOOK IS, NO, THE NOOK IS 20 TOWARDS THE BACK.

IT DOESN'T MATTER.

THAT'S, UM, THAT THERE'S NO REGULATION.

BUT THAT'S THE INVERSION.

THAT'S WHAT THIS IS, RIGHT? OH, I'M SORRY.

YEAH.

I ESTIMATED IT ROUGHLY 20.

THAT'S WHAT, ROUGHLY 20.

ROUGHLY 20.

YEAH, THAT'S 20.

HE'S GONNA PARK ONE CAR THERE PERMANENTLY, I THINK PULL IN, PULL OUT PARK CARS THERE TIMES, SO ON, SO FORTH.

NO, I'M, I'M SORRY.

I THINK THE MAJOR BENEFITS TO JUST BACK OUT AND THEN NO, NO, NO.

I, I UNDERSTAND THAT EVE WAS SAYING, BUT HE'S GONNA HAVE A CAR PARKED HERE ALL THE TIME.

'CAUSE IT'S ONLY ONE CAR THAT CAN GO OFF THE STREET.

YEAH, I RECALL THAT.

OTHERWISE, IF IT WASN'T PARKED THERE, YOU COULD CUT THIS BACK, MAKE IT SLIGHTLY NARROWER AND CUT BACK ON THE THAT'S WHAT I WAS TRYING TO DO.

THAT'S WHAT I THINK WAS TRYING TO SAY.

I APOLOGIZE.

NOW WE COULD MOVE BACK A LITTLE BECAUSE YOU NEED ALL THIS, HAVE A CAR SITTING THERE.

RIGHT.

I HAVEN'T SAW ANY IMPRESSION.

HE WAS USING GARAGE BUT DOESN'T USED NO.

MM.

BUT YOU BUT HOW MANY PEOPLE DO WE KNOW? NO.

HAS NO GRASS.

CURRENTLY THAT'S WHERE HE WANTS BACK AND FORTH.

THAT'S WHERE HE WANTS IT TO GO.

BUT HE'S ON A VERY BUSY, DANGEROUS STREET.

THAT'S DON'T, THIS SHOULD BE CUT IN LIKE EVERYONE ELSE TOGETHER.

YEAH.

I THINK IT'S NOT GONNA SAVE ANYTHING.

AND WE'D HAVE TO BRING IT BACK.

SO WE ARE TALKING ABOUT PERHAPS MM-HMM.

MOVING THIS BACK A LITTLE THIS WAY BECAUSE IT CUTS DOWN.

IT GETS WIDER AS WE GO UP.

OH, MM-HMM.

LESS OF A VARIANCE BECAUSE IF HE'S GONNA PUT A CAR IN HERE MM-HMM.

, YOU DON'T NEED ALL THAT SPACE TO HAVE A CAR.

I SEE WHAT YOU'RE SAYING.

YOU COULD JUST, YOU COULD GO IN AND BACK.

RIGHT.

AND NOT EVEN NEED THE VARIANCE.

RIGHT.

WELL, I DON'T THINK IT'S ENOUGH WHEN YOU GET DOWN HERE.

NO, IT, NO.

IT WOULD BE SOME BUT NOT MUCH.

OH, OKAY.

MOVE IT THERE.

MOVE IT TO THE MIDDLE OF THE DRIVEWAY KIND OF.

OH, I SEE WHAT YOU'RE SAYING.

YEAH.

RIGHT.

YOU'RE SAYING, YOU'RE SAYING MOVE IT, MOVE IT UP HERE.

MM-HMM.

THEN YOU DON'T EVEN NEED A VARIANCE.

WHAT? MEET SOME, BUT IT WOULD BE VERY SMALL QUESTION IS ARE WE PUTTING HIM TO TOO MUCH? THAT'S WHAT IT IS BECAUSE IT'S THE WHAT WHAT DOES HE HAVE THERE?

[03:50:01]

DOES HE REALLY HAVE ANY GRAVEL THERE? UH, NO.

THE IDEA IS TO PAVE.

IT'S ALL GOTTA BE PAVED NOW ANYWAY.

I KNOW, BUT IT'S REMOVE THEN HE GOTTA, IT'S GRAVEL RIGHT NOW.

YEAH.

AND I DON'T KNOW ABOUT THE WATER COMING FROM THE NEIGHBORS.

WHETHER THIS HELPS OR WHERE'S THAT? LET ME SEE.

ALRIGHT, THAT'S IT RIGHT THERE.

WAY DOWN.

REALLY GOOD.

THE FIRST ITERATION, THE AREA THAT WAS GONNA BE 37 AND A HALF FEET LIVE WAS TWICE AS LARGE.

YEAH.

SO THAT HE DID REMOVE THAT.

RIGHT.

I UNDERSTAND.

WHICH JUST PROBABLY GAVE YOU THE IDEA.

MM-HMM.

ONE THING YOU'RE DOING.

MOVE ANOTHER.

DO WE WANNA DO A STRAVA? HE DID SAY, HE MADE SOME COMMENT ABOUT OH, HE COULDN'T MOVE IT BECAUSE HE WOULDN'T RUN INTO THE CURB.

HIS TIRES WOULD HIT THE YEAH.

HIS TIRES WOULD HIT THE EDGE.

RIGHT.

THE CURB.

YEAH.

THAT'S TRUE.

AND CHRISTIE DID ASK A QUESTION.

IF YOU SLIDE THE FLARE UP AWAY FROM THE ROAD, I THINK WHAT HAPPENS THERE IS, UM, DOESN'T WORK WITH THE GEOMETRY THAT THE CAR WOULD HAVE TO MAKE TO PULL IN.

AND YOU'D ALMOST HAVE TO DO LIKE A FIVE OR SEVEN POINT TURN TO MAKE THAT WORK INSTEAD OF A TWO POINT TURN.

YEAH.

SO MEANING, BECAUSE THERE'S NOT MUCH ROOM.

JUST ELIMINATE.

I'M SAYING IF YOU ELIMINATE THIS NO, WE'RE NOT ELIMINATING IT.

NO.

IF YOU WORKED, WHAT ARE YOU TALKING ABOUT? WE'RE JUST TALKING ABOUT MOVING IT UP.

WELL, THAT'S WHAT I'M SAYING.

YEAH.

SO IF YOU, YOU TAKE IT OUT AND THEN YOU REPLACE IT HERE.

NOT THAT FAR UP.

IT WASN'T THAT FAR OFF.

BUT I MEAN, ONCE YOU START GOING UP, YOU'RE JUST LIMITED.

'CAUSE THE CAR CAN ONLY GO THIS FAR UP AND THEN YOUR BACK SWING.

RIGHT.

I MEAN IT'S NOT MAYBE JUST ADD THE WHOLE POINT IS TO BE ABLE TO HAVE THE CURVATURE TO PULL OUT.

WE REALLY GONNA MAKE HIM GO THROUGH ALL THAT AND THE SECOND CAR, CAR THROUGH LITTLE BIT THAT HE COULD DO.

OH, IT'S NOT GOING THROUGH A LOT.

BECAUSE HE ALREADY HAD THE GRAVEL THERE.

NO, HE DIDN'T, HE DIDN'T HAVE THE GRAVEL IN THE OTHER OH, THE PICTURES.

YEAH.

REMOVING.

HE'S REMOVING IT.

THAT'S THE PART.

REMOVING IT TO THE PART WHERE HE'S REMOVING DON'T LOOK GRAVEL.

OH, HE'S USING A PAVE AT ALL.

YEAH, YEAH, YEAH.

BUT THERE WAS A GRAVEL THERE BECAUSE THE GRASS WAS RIGHT HERE.

YEAH.

HE'S EVERYTHING THAT'S THERE, HE'S LOOKING TO PAVE RIGHT NOW.

WHAT HE TOOK AWAY WAS HE WANTED TO TAKE PART OF THE GRASS AND MAKE IT.

AND HE'S NOT DOING THAT ANYMORE.

IT'S, IT'S, IT'S WHERE THE THING, IT'S RIGHT HERE.

YEAH.

THIS IS WHAT HE'S, THIS IS GRASS.

RIGHT.

I MEAN HE COULD, HE'S HIS RIGHT TO PAVE THAT.

IT'S NOT THAT BIG.

HE'S NOT, HE'S NOT LOOKING FOR COVERAGE OR ANYTHING.

HE JUST CAN'T GO INTO SETBACK.

YOU KNOW WHAT I'M SAYING? MOVING IT BACK REDUCES THAT SETBACK THERE.

YES.

I MEAN 'CAUSE IT MOVES FURTHER AWAY FROM THE, THE LOT BY, I'M GUESSING HE DIDN'T WANT TO MOVE THE CURBING.

HE'S LOOKING TO LEAVE EVERYTHING THE WAY IT IS.

MM-HMM.

, IT'S NOT SO GOOD.

SORRY WE TOOK YOUR PIECE OF PAPER WITH I FIGURED IT WAS PROBABLY GOOD TO IT AROUND .

YEAH.

IT'S HUGE.

IT DOESN'T LOOK AS BIG THIS WAY.

HE COULD PAY THE WHOLE THING INSIDE THE SETBACK LINE.

WELL THEN YOU GET IMPERVIOUS COVERAGE OVER BIG.

NO, NO.

HE'S GOT A LOCK.

HE COULD SOME YEP.

UNTIL YOU GET OUT THE THIRD.

YOU CAN'T GO WIDER THAN THE THIRD DOESN'T WIDER THAN THE, THIS IS 37.

OH, OKAY.

SO YOU COULD TAKE THE SEVEN ENGINES OFF.

THIS IS LONGER THAN THIS.

DOES TABBY'S CAMERA DESTROY THINGS NOW? BUT ALSO IT LOOKS LIKE A TWO CAR GARAGE.

HE SAYS IT'S NOT A TWO CAR GARAGE.

WE DON'T PUT ANYTHING IN THE GARAGE BECAUSE, NO, I BELIEVE THAT THERE WAS ENOUGH ROOM FOR TWO CARS.

BUT THERE'S A CHIMNEY STACK OR SOMETHING THAT'S, THAT TAKES UP THE SPACE.

UM, WHERE ONE A SECOND CAR COULD PARK ONLY PUT ONE CAR IN.

I HAVE A TWO CAR GARAGE AND I HAVE AN OLD GARAGE THAT USED TO BE A TWO CAR GARAGE.

SO TECHNICALLY I HAVE A FOUR CAR GARAGE THAT I DON'T PARK ANY CARS IN.

SO JUST WANT YOU

[03:55:01]

TO KNOW THAT THEY CALL THOSE BARNS.

YEAH.

.

WE HAD TO MEASURE THE LENGTH OF EACH OF ANY CAR WE LOOKED AT TO SEE WHAT WOULD FIT IN THE GARAGE.

AND THEY HAD TO BE SMALLER THAN MY, WHEN YOU LOOK AT THE EDGE OF THIS, IT, IT'S NOT VERY ATTRACTIVE FROM THE STREET BECAUSE YOU'RE RIGHT THERE.

MM-HMM.

.

THAT'S WHY I ASKED ABOUT THE SIDEWALK.

THERE'S NO GRASS OUT THERE.

MM-HMM.

.

IT'S JUST WHATEVER.

WELL, OKAY, LET'S TAKE A I'M OKAY WITH IT.

YOU'RE OKAY WITH IT.

I'M OKAY WITH IT.

I'M SAY THAT BECAUSE I'M ALREADY WRITING ONE UP SO YOU'RE NOT NO, I'M OKAY.

I'M OKAY WITH IT.

AM GOOD.

I WAS, I WAS ON THE FENCE.

, I CAN ALWAYS ABSTAIN.

.

YOU CAN ALWAYS, I'VE ABSTAINED IN A LONG TIME.

THREE THREE OF THEM.

DIANE, YOU COULD THAT ONE.

SURE.

I COULD DO IT.

NOT A PROBLEM.

WE'LL GET YOU THE WORD VERSION OF THIS.

UM, OH, IS THAT THE WRONG ONE? WE'LL GET YOU THE WORD VERSION OF THIS.

OKAY.

THE NEXT IS THE HERDS.

THIS ONE HERDS.

THIS IS THE ONE WITH TWO SHEDS AND, AND BEAUTIFUL, BUT, BUT OVERWHELMING.

YES.

DRIVEWAY.

RIGHT.

A GORGEOUS PVE.

THE WAY THESE DRIVEWAYS, THE PAVERS THAT ARE BEAUTIFUL.

RIGHT? WE DON'T HAVE PICTURES ON HERE.

MM-HMM.

.

I TOOK AWAY A LITTLE TEEN THING AND SAID, OKAY, WE MM-HMM.

.

NOW EVERYTHING'S OKAY.

EVERYBODY JUST PULL THE MICS.

JUST A TA CLOSER.

I I HAVE MY NOTES THAT WE HAVE TO ADJOURN THIS TO NEXT MONTH.

'CAUSE THEY HAVE TO RECALCULATE.

RIGHT? OH, WHATEVER SMALL.

OTHER THAN THAT.

.

IF WE GET THE RECALCULATED NUMBER, WHERE ARE WE? I'M OKAY WITH IT.

ONCE THEY RE RECALCULATE AND RESUBMIT, RESUBMIT AND RECALCULATE.

ARE WE OKAY WITH THE NUMBER OF SHEDS? I'M OKAY WITH THAT.

ARE WE REALLY TALKING? THE MAXIMUM DRIVER WITH THE ISSUE IS SEVEN INCHES.

IT'S 30 IS ALLOWED 3.7 FEET.

I KNOW.

SEVEN TENTHS OF A FOOT, WHICH IS YEAH, LOT OF PROPERTY RIGHT THERE.

EIGHT INCHES .

OKAY.

OH, IT'S ON THAT ONE.

BUT I MEAN, THE OTHER ONES ARE BIG.

I JUST WENT ON JUST ON THAT ONE.

DO YOU WANNA DO A ST STRAW THAT ON THIS ONE OR IT'S A DRIVEWAY FROM THE SIDE LOT.

THE ZERO.

THE ZERO.

THAT'S, THAT'S BAD.

YEAH.

THAT'S, THAT WAS THE ISSUE.

NOT THE WIDTH.

THE SURFACE IS STILL VERY HOT.

10%.

WELL, DURING THE TESTIMONY TODAY, SHE SAID, WELL YOU NEED 25 FEET TO BACK UP, WHICH IS I THINK GENEROUS.

BUT THIS IS ALMOST 31.

SO THEY'RE SIX FEET.

OH.

THIS IS THE ONE WHERE HE BACKS OUT OF THE DRIVEWAY, OUT OF THE GARAGE INTO THE DRIVEWAY SO THAT HE CAN TURN TO GO OUT.

RIGHT.

RIGHT FORWARD TO THE STREET, NOT BACK OUT.

MM-HMM.

, YOU CAN'T DRIVE THAT.

THAT'S .

THAT'S WEIRD.

BUT THEY, BUT SHE SAID, THAT'S WHY I WAS SAYING IF THEY CAN, IT'S PAVERS.

IF THEY CAN'T SHAVE SOME OF THAT OFF, I MEAN IT'S JUST NOT NECESSARY.

YEAH.

THEY HAVE THE BEAUTIFUL DRAIN BUILT INTO IT.

I DON'T KNOW IF THAT MAKES IT MORE COSTLY.

I DON'T KNOW HOW THAT ALL WORKS, BUT HAVE A BASKETBALL HOOP THERE.

DO RIGHT BY WHERE KIDS YEAH.

BASKETBALL.

THAT CAN BE MOVED.

THEY USUALLY HAVE TO.

OH, UNLESS IT'S, I I'M GUESSING IT'S, I COULD LOOK UP A PICTURE, BUT, BUT THAT WOULD HELP THE IMPERVIOUS AND, AND THE LOT LINE.

IF IT'S ON THE PLAN, IT'S ON.

YEAH.

HAS ANYONE BEEN OUT THERE? I HAVE NOT BEEN TO THIS ONE TO SEE IT.

I NEED TO GO, I HATE TO SAY IT, BUT RIGHT.

REALLY? YOU HAVE TO GO OUT.

YEAH.

I THOUGHT THIS WAS

[04:00:01]

THE BASKETBALL YOU USED TO GO OUT WITH THE BILL SAPIO.

YEAH.

BILL AND DAN.

YES.

DAN.

RIGHT.

I I GO TO MOST OF THEM.

I GET OUT, I WALK AROUND.

I DON'T GO IN THE BACKYARDS.

I WAS GONNA SAY, I'M NOT, DIDN'T, DOESN'T THE TOWN GIVE YOU SOMETHING THAT YOU CAN, LIKE A CARD THAT YOU CAN SAY ON MOBILE? YEAH.

CAN I GET A CARD? ANYTHING? SOME SORT OF, I DON'T KNOW IF DOGS CAN READ.

YEAH.

CAN I GET IT? THAT WOULD GREAT.

WELL, FOR INSTANCE, ON THE LAST CASE, I'M SURE THE, THE PERSON WHO WAS ON ZOOM WOULD ALLOW YOU WENT TO HIS HOUSE SO HE COULD, SO YOU COULD SEE OH, LAST CASE MEAN 2315, RIGHT? IS YEAH.

YEAH.

I'M SURE WE COULD PULL, WHAT I'M SAYING IS I AM POSITIVE THAT WHEN, WHEN I THOUGHT IT WAS WHEN YOU WENT OUT OR MAY HAVE BEEN OTHERS, THAT THEY GO AND THEY KNOCK ON THE DOOR AND THEY SAY, I'M WITH THE ZONING BOARD.

CAN I TAKE A LOOK? I'VE NEVER HAD ANY PROBLEMS. RIGHT.

UNLESS NOBODY WAS HOME.

RIGHT.

WELL THIS, I MEAN THE ONE, THE ONE THAT WAS ON SEACOR ROAD WAS A CONSTRUCTION ZONE.

RIGHT.

SO YOU'RE NOT GONNA GO AROUND AND GO IN THE BACKYARD ANYWAY.

DO WE HAVE A CARD TO SHOW PROOF THAT I DON'T HAVE ANYTHING.

SO BECAUSE I DON'T HAVE ANYTHING AT ANY POINT, YOU KNOW, WE CAN CERTAINLY ALERT THE, UM, PROPERTY OWNER FOR YOU AND, UH, LET 'EM KNOW THAT THERE'S GOING VISIT.

WE COULD ACCOMPANY YOU TO A SITE VISIT.

OH, THAT WOULD BE HELPFUL.

ROADS, CCO, ROADS I'D TO GET ONE.

COULD WE GET PHOTO IDS? THE ONLY DID YOU GET ONLY PROBLEM.

SORRY, COULD WE GET PHOTO IDS? OH, SO THEY GIVE IT TO YOU HERE? YES.

WE CAN LOOK INTO THAT.

OH, CIRCLE.

OKAY.

SO WE TO GET ONE, THE ONLY SAID HE'LL DO IT FOR YOU.

OH, OKAY.

THANK YOU ALL.

SO GO.

OH, OKAY.

ALRIGHT.

SO I'LL SEE YOU GUY FOR MY CAREER.

YOU NICE PICTURE TOO.

THEN IT CONSTITUTES A QUORUM OF THE BOARD.

IT BECOMES, OH YEAH.

THERE COULDN'T GO WITH MORE THAN THE THREE OF US.

AT A MAXIMUM OF THREE.

THREE.

YOU USED TO GO.

RIGHT.

SO I GUESS THE QUESTION IS, SINCE IT'S GONNA BE HELD OVER, WHAT ARE THE THINGS WE WANT INCLUDED IN THE LETTER THAT GOES TO THEM? IS IT GONNA, IS THIS ONE GONNA BE HELD OVER? YEAH, IT REALLY, IT'S 2012.

SORRY, I FORGOT.

UM, IT'S JUST A CALCULATION.

BUT YOU THINK ULTIMATELY, UM, WELL, MY ONLY CONCERN WAS THAT IF YOU WERE TO GRAM OF VARIANCE FOR WHAT THEY'RE ASKING FOR NOW WITHOUT THE REDUCTION, THEN WHO KNOWS WHAT THEY CAN DO WITH THAT? I DON'T KNOW HOW MANY EXTRA FEET THEY'RE GETTING THERE.

NO, WHAT I'M SUGGESTING IS, UM, REFERENCE THAT THE SQUARE FOOT NUMBER AND THEN WE'LL JUST RUN THE CALCULATION VERIFY YOU MEAN APPROVE IT FOR CONDITIONAL.

YOU, YOU COULD APPROVE IT, I GUESS ON YES.

WE'VE KNOWLEDGE THAT IT'S ROUGHLY A 1% REDUCTION FROM WHAT'S ON THIS AGENDA.

NO.

INSTEAD YOU, INSTEAD OF EXPRESSING IT AS A PERCENTAGE, YOU COULD EXPRESS IT AS A SQUARE FOOTAGE.

OKAY.

WHICH YOU DO HAVE.

WE DO HAVE THAT.

IF YOU, IF YOU, IF YOU'RE WILLING TO, IF YOU WANT TO DECIDE IT TONIGHT, OH, BY ALL MEANS, LET'S DECIDE IT TONIGHT.

IF WE HAVE AN OPPORTUNITY TO DO THAT.

OKAY.

WELL WE, WELL, I HEARD, UNLESS I HEARD, I HAVEN'T HEARD TO SAY THEY THEY CAN'T REDUCE IT.

I DO HAVE TROUBLE WITH ZERO.

THEY'RE REDUCING IT.

ZERO SPACE BETWEEN THE PROPERTY LINES.

MM-HMM.

, OH, WAIT A MINUTE.

ARE YOU TALKING ABOUT THE REDUCTION IN IMPERVIOUS SURFACE? NO.

ARE YOU TALKING ABOUT THE SIDE YARD? SIDE YARD SETBACK? WHERE'S THIS FIRST OF ALL, THE HOOP THAT YOU'RE TALKING ABOUT, , THE HOOP IS HERE.

SO LIKE THIS BY THIS, IT'S ON THAT DRAWING FOUR.

IT'S REALLY NOT WHERE IT SAYS DRAIN, IT SAYS BASKETBALL.

IT SAYS HOOP.

I'LL GIVE YOU A BIGGER ONE.

.

OH, THERE, IT'S OKAY.

RIGHT IN THE MIDDLE.

YEAH.

HERE SOMEWHERE.

OH, THAT'S ACTUALLY NOT NEXT TO THE PROPERTY, RIGHT? YEAH.

OH, THAT'S RIGHT.

IT'S SAYS BASKETBALL HOOP.

THAT'S KIND OF, THAT'S PROBABLY GOT FIVE FEET.

YEAH.

BASKETBALL HOOP.

YEAH.

[04:05:01]

RIGHT.

HERE'S HOW FAR BACK'S THE HOOP RIGHT THERE.

IT'S MOST PEOPLE'S HOLD YOU IT.

EXACTLY.

YEAH.

THAT, YEAH.

THAT, THAT WOULDN'T EVEN HAVE TO BE MOVED FOR WHAT WE'RE TALKING ABOUT, RIGHT? NO, NO.

THE BASKETBALL REPORT.

YEAH, YOU JUST CUT IT OUT.

NO, YOU MADE A SOUND BY NO, NO, NO.

I MEANT LIKE THE COURT THAT THEY'VE CREATED HERE WILL BE COMPROMISED.

I'M SURE IF WE MADE THEM CUT IT S**T FEELING.

I WAS JUST GONNA LIKE, THIS IS THE LINE.

THIS LIKE THIS.

YES.

THAT'S, YEAH.

THAT'S WHY THEY DIDN'T WANT TO YEAH.

.

I REMEMBER RIGHT.

THAT'S WHY I SAID THE DRAIN IS THERE.

YEAH.

YOU CAN GO TO THE OTHER SIDE OF THE DRAIN.

YOU ENTERED AT THE DRAIN OR SOMETHING LIKE THAT.

ALRIGHT, WE CAN ASK THEM.

YEAH.

THAT'S WHAT WE'RE, THIS IS JUST AN ASK.

OKAY.

SO WHAT'S WHAT'S THE ASK? THIS IS THE, YEAH, ASK TO INCREASE THE SPACE, UM, FROM THE PROPERTY LINE TO THE IMPERVIOUS PAVEMENT.

UM, BETWEEN THE, ON THE DRIVEWAY SIDE.

SO REDUCE, GO FROM ZERO TO LIKE SOMETHING.

YEAH.

SO REDUCE SIX INCHES.

IF IT'S FIVE, I DON'T, YOU KNOW IF IT'S FIVE OR SOMETHING.

AT LEAST FIVE FEET.

DO THEY, IS THERE ENOUGH FOR FIVE FEET? WELL, THAT'S WHAT SHE SAID.

SHE'S GOT 20, SHE'S GOT, SHE NEEDS 25.

IT'S NOW 30 POINT.

OKAY.

SO ASK THEM, IT'S 32 3.

WHEN I WANNA SELL MY HOUSE, I'M GONNA HAVE TO, IT'S 32, 3.

THEY NEED 25.

MM-HMM.

, WHEN I'M, IF I, IF AND WHEN I'M READY TO SELL MY HOUSE, I'M GONNA HAVE TO LEGALIZE MY DRIVEWAY.

DON'T LEGALIZE.

YOU KNOW, YOU WANT AN, AN OPEN MIC? .

OOPS.

NOW YOU HAVE A RIGHT TO REMAIN SILENT .

BUT AT THE NARROWEST PART OF THE DRIVEWAY, NEAR THE GARAGE.

NEAR THE GARAGE, IT'S 32.3.

SHE SAID SHE NEEDED 25.

MM-HMM.

.

SO I REMEMBER THAT WOULD BE THE QUESTION I WOULD ASK IF PEOPLE HAVE THEIR OTHER QUESTIONS.

WAS SUGGESTING YOU SAID, SHE SAID BLOOMBERG HAVE A, UM, SAID SHE, WHAT DO YOU CALL IT WHEN YOU, YOU FORGIVE? OH, THAT GRANDFATHERING IDEA YOU'RE TALKING ABOUT? UH, THE, THE DRIVEWAYS.

THE DRIVEWAY FORGIVENESS PROGRAM.

YEAH.

.

THAT WAS MIC.

THIS PHONE.

THAT'S CUTE.

.

OH, .

GOODNESS.

WE HAVE ON THIS ONE.

DID YOU WANNA BRING UP THE SHEDS? I'M READY TO APPROVE THIS ONE.

DID DID YOU WANT THAT ASKED AS ANOTHER QUESTION? YES, I DID ASK THE TWO SHEDS.

LIKE, WHY, WHY DO YOU NEED TWO SHEDS? BUT HE DID SAY THEY HAD THINGS IN IT.

I WROTE IT DOWN SHED, ONE WAS ONE MOWER AND HUDSON WAS HOUSING AND SHED TWO WAS JUST STORAGE.

WELL, THEY BOTH WERE, WEREN'T THEY? YEAH.

THEY BOTH WERE.

WERE SO HIS WAS THE LAWNMOWER.

THE LAWNMOWER.

YEAH.

I KNOW.

THAT'S WHY.

SO I GUESS THEY DO NEED THE COUPLE OF SHEDS.

YEAH, IT'S FINE.

I I'M OKAY WITH IT AS IT IS RIGHT NOW.

EXACTLY.

IT'S A BIG PROPERTY.

IT'S A BIG PROPERTY.

YEAH.

SO, SO JUST APPROVE THIS.

WELL, THERE'S 1, 2, 3 TO FEEL THAT WAY.

IS THERE A FOURTH? WHEN YOU SAY THAT WAY, YOU MEAN? YEAH, TO APPROVE AS IS.

YES.

YEAH.

I'LL PROVE IT.

OKAY.

OKAY.

I'M GONNA HAND YOU THAT.

WE WENT ON TO DISCUSSING THE OH YEAH, IT'S GONNA BE GOOD.

OH MY GOD.

OH, THAT'S, I KNOW YOU SEE THE TIME.

YEAH.

WE CONFIRM AND WE'VE GOTTA GO BACK ON THE MIC ON THAT'S ON THE PLAN.

UM, I GOT A LOT OF QUESTIONS ON YEAH.

LOT GREENHOUSE DOWN.

SEND THEM TO YOU.

OR 14.

IT'S THE GREENHOUSE.

YEAH.

SO I WAS NOT SO AGAINST IT UNTIL I HEARD THE NEIGHBORS.

SO YEAH, I, YEAH, I HAD SAID THIS TO ED.

MY AUNT LIVED ON SEACO ROAD.

I WAS A KID.

I USED, USED TO PLAY.

WE, I MEAN THE BIG THING WOULD BE GO DOWN A FIRM CLIFF CEMETERY AND HANG OUT ON THE LIONS AND STUFF.

I WENT BY THERE AS A KID ALL THE TIME.

AND THERE WERE, THERE WAS MAYBE ONE GREENHOUSE THERE FOR LIKE A LONG TIME.

THEY WERE NOT THERE IN THE 1957 OR WHATEVER.

THEY WEREN'T THERE IN THE SIXTIES.

SO.

AND THAT'S WHEN THE CULDESACS WERE BUILT.

SIXTIES?

[04:10:01]

UH, I THINK THEY WERE, SOME OF THEM WERE BUILT IN THE FIFTIES.

REALLY? YEAH.

I DIDN'T THINK ANYBODY HAD CUL-DE-SACS IN THE FIFTIES.

YEAH.

YEAH.

SO I, I COULD TELL YOU IT WASN'T THERE THEN THAT'S LIKE, SO LET PUT THAT ON THE RECORD.

THIS IS ONE THAT WE SHOULD DEFINITELY DO A SITE VISIT.

YES, YES.

YEAH.

AND THIS IS, YOU HAVE TO GET UP IN THERE AND EVERYTHING.

AND IT'S KIND OF LITTLE PRIVATE STREETS.

SO PROBABLY GARRETT WOULD WE NEED TO LIKE, MAKE ARRANGEMENTS TO DO A COUPLE OF THOSE.

UM, ONE BIG THING THAT DIDN'T COME OUT IS THERE WAS A BIG FIRE THERE LIKE THREE YEARS AGO WHERE ONE OF THE GREENHOUSES BURNED DOWN.

MM-HMM.

.

AND I WAS KIND OF SURPRISED NOBODY BROUGHT IT UP.

NO.

NO.

AND THEY WERE STORING PROPANE OR SOMETHING THERE AND IT EXPLODED.

I'D WANNA HEAR FROM THE FIRE DEPARTMENT ABOUT ALL THAT.

YEAH.

ONE OF THE NEIGHBORS AND THE VISIT THAT THEY DID IN DECEMBER.

YEAH.

YOU KNOW ANYTHING ABOUT THAT? I KNOW THE FIRE AT A DIFFERENT, UM, IT, WAS IT A DIFFERENT ONE OR WAS IT THAT GREEN ONE GREENHOUSE.

I THOUGHT IT WAS THAT ONE.

I'M NOT SAYING WE'RE SAYING IT WAS WRONG.

I JUST DON'T, THERE WAS A FIRE ABOUT WHERE, WHICH GREENHOUSE WAS THIS A DIFFERENT NURSERY? MM-HMM.

? NO, THAT WAS, THAT WAS A LONG TIME AGO.

THAT WAS LIKE, I THINK IT WAS, IF WE COULD CHECK WITH THE FIRE DEPARTMENT.

I THINK THERE WAS ONE THERE.

WEREN'T THEY TALKING ABOUT THAT TONIGHT? AND THIS IS SOMETHING THAT ZONING BOARD NEEDS TO, THEY WERE TALKING ABOUT A SURPRISE VISIT BY THE D D C AND THE FIRE DEPARTMENT.

MM-HMM.

THERE.

I DON'T REMEMBER SEEING ANY OF THAT IN THE TRIAL.

I THINK THE BUILDING INSPECTOR'S MEMO, UH, MAKES REFERENCE TO THAT VISIT AND TALKED ABOUT, UH, THE PILES.

BUT, UH, WE CAN CERTAINLY GET MORE INFORMATION ON THAT.

THINK I WENT, I THINK THEY WENT AND GOT THE VIDEO OR WHATEVER OF IT.

OR THIS OR THIS STENOGRAPHER'S NOTES.

YEAH, IT WAS, YEAH.

THEY MENTIONED THE VIDEO THAT THE TOWN BOARD BEFORE THE TOWN BOARD? OR IS THAT ACCURATE? I'M SORRY, SAY THAT AGAIN.

THEY, SOMEBODY PRESENTED A VIDEO OF THAT VISIT TO THE TOWN BOARD.

OH, THAT'S WHAT WE STATED.

I GUESS SO.

YEAH.

THAT'S WHAT WE STATED.

SO THEN WE SHOULD ZONING BOARD SHOULD REALLY GET THAT.

YEAH.

AND IT, IT'S A DECEM.

IT'S IN DECEMBER 22.

MM-HMM.

, THIS IS A FACTUAL MM-HMM.

ISSUE HERE.

THEY'RE SAYING THAT THE HEATERS, THAT THE FURNACES ARE NOT USED FOR THE WOOD AT ALL.

IT'S JUST FOR THE PLANTS AND TO HEAT THE HOUSE.

WHEREAS THE NEIGHBORS AND MM-HMM.

APPARENTLY THIS TESTIMONY ABOUT, UH, THIS VISIT WITH THE D E C AND WHAT PRECIPITATED IT IS APPARENTLY HAVE TO DO WITH THE SMELL OF THE WOOD.

MM-HMM.

.

SO IS IT DISCONNECT THERE? YEAH.

AND THAT, AND, AND I'D WANNA KNOW LIKE, HOW MANY GREENHOUSES ARE THEY? 'CAUSE FROM WHAT I SEE WHEN I GO ONLINE, THEY'RE JUST USING THE GREENHOUSES TO STORE THESE BIG HUGE RED BAGS OF WOOD.

AND I WOULD WANNA KNOW HOW MANY GREENHOUSES ARE THEY REALLY GROWING PLANTS IN? AND IF THEY'RE NOT GROWING PLANTS, WHY DO THEY NEED TO HEAT THE GREENHOUSES? LIKE IF THEY'RE USING THOSE BURNERS IN THE, THAT'S WHAT THEY'RE SAYING.

'CAUSE THEY HAVE TO HAVE A CERTAIN AMOUNT OF PLANTS OTHERWISE, BUT IT DOESN'T, THEY'RE NOT, WHEN YOU LOOK AT, WHEN YOU LOOK AT THEIR SOCIAL PRESENCE OR THEIR WEB PRESENCE, IT, THEY'RE CALLED HARSDALE GREENHOUSES.

BUT THEY'RE NOT SELLING PLANTS.

IT DOESN'T, THEY'RE THEY'RE SELLING DIRT, GRAVEL MULCH.

ARE THEY RAISING THEM FOR THE OTHER STORE? THE OTHER SHOP? WELL, THAT'S WHAT THEY USED TO YEARS AGO.

THEY USED TO RAISE THEM THERE AND THEN SELL THEM AT THE OTHER PLACE.

BUT YOU COULD GO TO THE GREENHOUSE AND GET THEM TOO.

BUT I, IT SOUNDED LIKE THIS, THIS SHIFTED.

SHIFTED.

YEAH.

IT SOUNDED LIKE THERE WAS SOME KIND OF LEGAL AGREEMENT BETWEEN THE PEOPLE LIKE THAT.

LIKE THEY WOULDN'T HAVE, THERE'S LIKE A NON-COMPETE TOO.

SO THAT WOULD MEAN THAT BECAUSE WESTCHESTER GREENHOUSES SELLS PLANTS.

MAYBE THE OTHER ONE I DON'T KNOW.

BUT THEY HAVE TO NON, BECAUSE WESTCHESTER, LIKE I SAID EARLIER, WESTCHESTER GREENHOUSES SELLS WOODEN STUFF TOO.

NOW THAT MIGHT BE, I KNOW THEY'VE BEEN NOTICED, BUT THEY, THAT MIGHT BE THE REASON WHY THEY'RE SAYING 85% OF THEIR PROFITS IS FROM WOOD.

YEAH.

AND 15% MM-HMM.

FROM PLANTS.

MM-HMM.

.

AND THAT'S BECAUSE THEY'VE REDUCED THE AMOUNT.

EXACTLY.

THE BUSINESSES.

15% OF THEIR BUSINESS.

EXACTLY.

BUSINESS HAS SHIFTED.

IS SHIFTED.

THIS WHAT LOOKS LIKE WHEN YOU GO ONLINE.

THAT'S WHAT I SAID.

THE BUSINESS HAS SHIFTED.

THAT'S THIS IS IT.

IT'S JUST, YEAH, THAT'S IT.

BAGS OF WOOD.

BAGS OF WOOD AND GREENHOUSES.

BUT THIS IS WHY WE ALL NEED TO GO OUT AND YEAH.

YEAH.

AND GRAVEL SAY STACKS AND STACKS OF GRAVEL.

BUT ALL THAT SAID, CHRISTIE AND I WENT OUT ONE TIME.

IT REALLY DID.

YEAH.

RIGHT BEFORE COVID.

.

OH, IT WAS DEFINITELY RIGHT BEFORE COVID.

BUT THERE'S A, A SUBSIDIARY ISSUE OR ACTUALLY A PRIMARY ISSUE WITH FIRST PLACE.

[04:15:01]

WHETHER IT'S PERMITTED.

'CAUSE IF IT'S PERMITTED, THEN ALL THE REST, MOST OF THE PEOPLE I'M RIGHT.

IS WHAT PERMITTED THE USE.

THE USE.

THE USE, THE USE.

WELL DOESN'T THAT DEPEND ON HOW MANY PLANTS ARE BEING GROWN THERE? PROCESSING.

THE PROCESSING.

WE KNOW THAT WHETHER THE PROCESSING OF WOOD PRODUCTS IN MULCH IS, IT IS A PERMITTED USE IN THE R 20 DISTRICT THAT IT'S LOCATED.

NOW THEY'RE SAYING THAT THEY ARE USED PREDATES R R 10, EXCUSE ME, R 10 OR R 10, WHATEVER IT IS.

UM, THAT IT PREDATES THE ZONING ORDINANCE, WHICH IS 1980.

AND WE, THAT'S THEIR BURDEN.

BUT THEY HAVE TO SHOW IT LIKE THEY HAVE A, THERE'S A, THERE'S A LETTER THAT THEY SUBMITTED.

BUT IF YOU READ THAT LETTER, YOU HAVE TO READ EVERYTHING VERY CAREFULLY.

RIGHT.

BUT THE LETTER SAYS THAT, UM, THE LETTER THAT WAS SUBMITTED IN ADVANCE, NOT AS OPPOSED TO THE ONE THAT JUST CAME IN TODAY, SAID THAT, OH, MY FATHER CAME IN 1950 IN THIS COUNTRY AND TWO YEARS LATER HE STARTED A BUSINESS.

MM-HMM.

.

AND HE BOUGHT, AND LATER ON HE, YOU KNOW, AND HE WORKED FOR HIS FATHER.

MM-HMM.

.

BUT HOW OLD WAS HE IN 1955? EXACTLY.

HE DID, HE DOESN'T SAY THAT HIS FATHER SAID THAT THIS WAS GOING ON.

HE JUST SAYS THAT WHEN HE WAS DOING THE BUSINESS YEARS LATER, I BELIEVE I MM-HMM.

, I'M WRONGFULLY PARAPHRASING IT, UH, THAT THEY SOLD, THAT THEY OBTAINED WOOD PRODUCTS FROM THEM.

BUT IT DOESN'T SAY REALLY WHEN, SO YOU HAVE TO REALLY LOOK INTO THESE.

BUT MY QUESTION IS, IF THEY'RE SAYING WE'RE AN AGRICULTURAL, I THOUGHT THAT IF THEY COULD SHOW THEY WERE GROWING PLANTS FROM 1955 TILL NOW, THIS AUXILIARY ACTIVITY MAY NOT BE APPROVED, BUT IT STILL KEEPS THEM UNDER THE TITLE OF AN AGRICULTURAL ENTITY.

YES.

THAT CAN CONTINUE.

WE DON'T SHUT THEM DOWN COMPLETELY.

NO.

NO.

OKAY.

THAT'S WHAT I THOUGHT YOU WERE SAYING.

I DON'T, THAT'S BUT THEY CAN'T SELL THE WOOD.

THEY CAN'T PROCESS THE WOOD THAT THEY'RE DOING THAT'S DIFFERENT.

THAT'S, THAT'S THE DIFFERENT USE.

YEAH.

'CAUSE IT'S, I DON'T THINK THE VIOLATION NOTICE IS SEEKING TO SHUT DOWN THE PLANT OPERATION.

OH, I THOUGHT IT WAS ALL OR NOTHING.

NO, NO.

I DON'T BELIEVE IT'S MANUFACTURING.

NO.

JUST PROCESSING AND SALE THE PRODUCTS.

OKAY.

THAT CHANGES MY IDEA.

THE GROWING OF PLANTS.

AT ANY POINT THEY'RE SAYING THAT IT, THAT THEY NOT FINANCIAL.

THAT'S RIGHT.

OKAY.

AND THEN USE THOSE 35 GREENHOUSES TO GROW 30 PLANTS.

30.

DID YOU SEE 38? A 38 THAT KY SENT, SHE'S GOING TO THE WEED BUSINESS, WHICH , SHE'S WEED.

MAKE THAT JOKE WHEN CAROL SAYING IT'S A STRONG QUI SMELL.

I SAID, WELL, YOU SHOULD COME DOWN AND IT'S VERY WHAT'S GOING ON THERE? NO, THAT'S, THAT'S, I, THAT'S WHAT I WAS JUST YEAH, THAT'S WHAT I WAS SHOWING EVERYBODY ACTUALLY THE ISSUE WITH THE, THE FURNACES REALLY SUBSIDIARY THAT ONLY GOT THEM, THAT ONLY BROUGHT US TO THE, TO THE PROPERTY, THE TOWN, TO THE PROPERTY, THE REST, THEN THE ISSUE MORPHED INTO WHETHER IT WAS INATED USE.

YEAH.

WHICH IS THE USE THE ISSUE THAT'S BEFORE YOU.

IT'S NOT TECHNICALLY THE USE OF THE FURNACES.

THAT'S ONLY THE IMPACT.

MM-HMM.

.

YEAH.

AND, AND THEY WERE, YOU KNOW, IT BECAME A PROBLEM 15 YEARS AGO.

'CAUSE THEY WERE NOT BURNING WOOD.

THEY WERE BURNING OIL AND IT GOT TOO EXPENSIVE.

SO THEY STARTED BURNING WOOD.

MM-HMM.

.

AND THEN THEY STARTED PROPANE.

YEAH.

THAT STARTED THE FIRE.

AND NOW THEY'RE DOING, THEY'RE, I CHANGED.

THEY ONLY HAVE MORE.

WELL NOBODY HAS SAID, NOBODY HAS SAID MORE THAN THAT.

WELL, AND AND DID THEY SO WELL THEY HAVE FOUR.

WHAT? ONE OF THE NEIGHBORS SAID ACTUALLY A LOT OF THE UM, ASKED GREENHOUSES THERE WERE NO PERMITS FOR.

IS THAT CORRECT? ALSO, WHAT HAD NO PERMIT.

SO YES, IT WAS STATED THAT, UM, FRACTION OF THE EXISTING GREENHOUSES, UH, WERE ACTUALLY SUBJECT TO LEGAL PER, THAT WAS A STATEMENT MADE BY A RESIDENT.

UH, AND I HAD A QUESTION.

I DON'T KNOW IF THE, UM, APPLICANT COULD QUANTIFY THIS, BUT IF THEY COULD, DO YOU THINK THIS WOULD BE A GOOD QUESTION IS, SO THEY GAVE US, I THINK THE 80 15 BREAKDOWN OF WHAT THE SALES ARE IN, YOU KNOW, CURRENT TIMES.

WOULD IT BE APPROPRIATE TO ASK, UM, THE DECADE BY DECADE OR IN SOME SORT OF INCREMENT HOW THAT RATIO HAS KIND OF FLUCTUATED? YEAH, THAT'S WHAT I TRYING TO ASK WITH THE SCALING.

SO MAYBE FOR, FOR INSTANCE, MAYBE 1950, IT WAS, YOU KNOW, 95 AND FIVE OR SOMETHING THEN, YOU KNOW, JUST THAT'S,

[04:20:01]

THAT WAS THE QUESTION I WAS ASKING.

LIKE OVER TIME I THINK THEY'VE SCALED IT UP.

RIGHT.

SO WE CAN PUT THAT IN, IN WRITING FOR YOU.

AND ALSO THE NOISE, THE DECIBELS, I ASKED THEM ABOUT THE DECIBEL.

HOW NOISY IS IT? THEY COULDN'T QUANTIFY AND THEY COULDN'T QUANTIFY THAT.

AND ALSO THE SMOKE, THE AIR QUALITY.

SOMEBODY USED TO GO OUT THERE AND REALLY TEST THE AIR QUALITY OF THAT.

'CAUSE THE WOMAN THAT HAD THE LUNG CANCER, I MEAN I FELT, I MEAN I DON'T KNOW, BUT THEY WERE SAYING THEY WERE, THE EARS HAS CARCINOGEN IN IT.

THAT'S A BIG STATEMENT TO MAKE.

AND IF THAT IS TRUE, THEN THIS IS REALLY SERIOUS.

REALLY SERIOUS FOR KIDS.

AND THAT'S DECEMBER.

IT'S NOT REMEMBER WE'RE THE ZBA A RIGHT.

SO IT'S IF THEY CAN MA LIKE WHAT, I GUESS WHAT YOU WOULD CALL MANUFACTURE FIREWOOD.

RIGHT? RIGHT.

NOT HAVE THE HEATERS BURNING WOOD.

MM-HMM.

IS NOT SOMETHING THAT FALLS UNDER OUR, I THINK SHE WAS TRYING TO GET TO THE SECOND QUESTION.

IF WE SAY IT'S THAT, THEN WHAT ARE THE, 'CAUSE THE D E C SUMMONS, WE DON'T KNOW WHAT THAT WAS FOR.

RIGHT.

THAT WAS ALL THIS DECEMBER 22ND RIGHT.

THING.

BUT ALSO, UM, THEIR MITIGATING MEASURES ARE NEED TO BE DONE BY A PROFESSIONAL.

OH YEAH.

I THINK IN THE LETTER MM-HMM.

, I REALLY DO THINK YOU SHOULD REQUEST MM-HMM THAT THEY OUTREACH NEIGHBORHOOD, THE CIVIC ASSOCIATION OR THE NEIGHBORS MM-HMM.

TO SEE IF THEY CAN COME TO SOME SORT OF MEASURES THAT THAT WOULD BE ACCEPTABLE.

THAT'S NOT TO SAY IT WILL HAVE TO, DON'T THINK THAT'S GONNA HAPPEN.

I HAVE A MASTER'S DEGREE IN AIR POLLUTION CONTROL.

OH.

THEY ARE NOT THE PEOPLE TO BE ASKING A LOWER SMOKES STACK.

IS IT THE WORST THING YOU CAN DO IN A SITUATION LIKE THIS? RIGHT.

YEAH.

I WAS GONNA SAY, YOU HAVE TO PUT YOURS HIGHER NOW SMOKE DOESN'T RISE.

THE SMOKE GETS COOLER IN ITS SET.

IT, IT'S VERY DIFFERENT THAT THAT'S NOT WHAT I'M SAYING.

THAT THEY COME, THAT'S ONE, THAT'S ONE MEASURE.

RIGHT.

I'M SAYING, SO THEY NEED PROFESSIONAL THERE ANY COMBINATION OF MEASURES THAT THEY COULD TAKE THAT WOULD MOLLIFY THE NEIGHBORS? I DON'T THINK SO.

I DON'T THINK SO.

THAT'S, THAT THEY MAY COME UP WITH STUFF IS NOT WHAT THAT WILL HAPPEN.

BUT AT LEAST GET TRY IS WHAT YOU'RE SAYING.

I THAT YOU'RE RIGHT.

COME, THEY MAY COME UP WITH STUFF THAT WON'T WORK.

75 FOOT WALL OR NETTING .

OKAY.

THIS IS THE NETTING TO TRAP IT A GIANT MASK.

I'VE ALREADY MADE UP MY MIND ABOUT THAT WATER.

IT'S LIKE NOTHING.

OKAY.

ANOTHER QUESTION.

THEY TALKED ABOUT THAT THEY WERE USING CHEMICALS.

THEY PUT CHEMICALS ON THE WOOD AS THEY PROCESSED THE WOOD.

I'VE NEVER HEARD NEIGHBORS WERE SAYING THAT.

YEAH, THAT'S FINE.

I, HE SAID THEY WEREN'T, BUT OKAY.

I DON'T KNOW.

I'VE NEVER HEARD OF ANYTHING LIKE THAT.

SO I DON'T KNOW IF WE JUST WANT TO CLAR CLARIFY IT.

THEY SAID THEY WHAT DOES BRING PREACHERS? YEAH.

YEAH.

ESPECIALLY SINCE THEY'RE CUTTING THE STUFF DOWN AND THEY'RE BRINGING IT THERE.

MM-HMM.

.

YEAH.

IT'S NOT LIKE IT'S BEEN LANG SO BASED YEAH, IT HASN'T AGED.

RIGHT.

YEAH.

THIS IS SIMILAR.

REMEMBER THE JACK, THE JACKSON AVENUE NURSERY AND THEY WERE BRINGING IN THE CONSTRUCTION DEBRIS YES.

AND BREAKING IT DOWN AND THEY BASICALLY, THEY CEASED THEIR ENTIRE NURSERY OPERATION ESSENTIALLY AND ENDED UP GETTING STRUCTURED.

WELL THAT'S ALL I SEE.

I MEAN, LITERALLY THAT'S ALL I SEE IS JUST CONSTRUCTION AND WOOD.

YEAH, IT'S, YEAH.

I MEAN IT DOESN'T, I DON'T KNOW.

THAT'S REALLY, UH, AND THE ARGUMENT WAS MADE THEN AT THAT TIME IN THE CONNECTION WITH THAT APPLICATION THAT THE NATURE OF THE BUSINESS HAS CHANGED, RIGHT? YEAH.

I MEAN, DO THEY EVEN, I MEAN I'M SURE THEY'RE GETTING DIS THEY'RE GETTING DISCOUNTS IN THEIR TAXES FOR BEING AGRICULTURAL, RIGHT? MM-HMM.

.

YES.

AND THAT, UH, MIGHT UNDERCUT THEIR CASE SOMEWHAT IN THE SENSE MM-HMM.

THAT THEY COMMITTED THEMSELVES IN 1985 TO COMMIT, USE THE PROPERTY FOR AGRICULTURAL PURPOSES.

IT WAS FOR THE, FOR TAX PURPOSES HERE IN THE TOWN.

UM, AND THAT COULD BE AT THE SAME TIME THAT YOU ARE ALLEGING THAT THEY WERE DOING THE, THIS PROCESSING OF WOOD PRODUCTS, WHICH IS NOT A, UM, AGRICULTURE USE.

SO YES, THE ANSWER IS YES.

THEY, THEY'RE WE IN YOUR PACKET, THERE ARE TWO AFFIDAVITS OR SUBMISSIONS OR FORMS THAT WERE SUBMITTED TO THE TOWN COMMITTING THAT THE PROPERTY WAS BEING USED FOR AGRICULTURAL PURPOSE.

AND THAT

[04:25:01]

WOULD BE THE PLANS.

YEAH.

YES.

YEAH.

THAT, THAT'S WHY I WANNA KNOW HOW MANY GREENHOUSES ARE ACTUALLY, YOU KNOW, GROWING OR PLANTS OR PLANTS GROWING PLANTS.

MM-HMM.

AND THE EMPTY ONES, THEY THERE.

YEAH.

SO THIS WOULDN'T BE SURPRISED IF THIS DOESN'T GO AROUND.

THAT'S WHAT I THINK.

THEY DON'T EVEN MENTION PLANTS ON ANYTHING.

WELL, THEY DON'T NEED TO.

THE ONLY ISSUE BEFORE YOU IS THE WOOD.

NO, NO, NO.

I MEAN, ON THEIR WEB PRESENCE, THEY DON'T EVEN MENTION THAT THEY HAVE PLANTS AT ALL.

RETAIL.

THEY MAY NOT RETAIL THE PLANTS.

THEIR WHOLE BUSINESS IS WHOLESALE.

OKAY.

BUT YOU CAN GO AND BUY STUFF THERE.

THEY'RE LIKE SELL TO BUYING GUESS.

UM, I'D LOVE TO GET THE, OKAY.

THEY SAID THERE WERE PICTURES, PHOTOGRAPHS LIKE THAT SHOW IT, THAT NOTHING WAS THERE LIKE IN THE 1980S AND FIFTIES.

I THINK THAT CAME FROM THE BUILDING INSPECTOR.

LIKE IT WOULD BE GREAT TO GET THOSE PICTURES TOO.

A WOMAN WHO WAS IN HER CENTER WHO WAS 70 YEARS OLD.

SO SHE REMEMBERS GOING TO BUY FLOWERS WITHIN SAY, A WEEK FROM NOW.

SO I'M SURE THERE MIGHT BE THINGS THAT COME TO MIND.

OKAY.

YOU CAN FEEL FREE TO EMAIL US AND WE'LL SUPPLEMENT THE LETTER, BUT WE'LL GET A DRAFT STARTED RIGHT AWAY.

I THINK WE'VE KEPT MR. GREENSTEIN WAITING.

AND, AND MR. KINSON WAITING TO FIND MY PHONE.

BE BEHIND US.

BERNSTEIN.

HE KNOWS.

I KNOW.

OH, .

OKAY.

SO ALL TOO WELL AWAY, RIGHT? HE KNOWS MIDDLE WAY REDUCE THE HARDSCAPE.

THEY GOTTA DO SOME UH, CUTTING LIKE MY NEW DESIGN.

YES.

AND THEY RECOGNIZED IT, SO YEAH.

YES.

I THINK I I THINK THEY SHOULD LOOK AT THE OUTDOOR KITCHEN TOO.

THERE'S A LOT OF UH, SPACE FOR THAT TOO.

THE OUTDOOR KITCHEN IS THE REASON THEY SAY THEY CAN'T DO THE 10, 10 FOOT SETBACK FOR THE OUTDOOR KITCHEN.

HER GO BACK.

YEAH, SHE'S SHOWING YOU THERE.

IT'S RIGHT HERE.

OUTDOOR KITCHEN AND THEN THERE'S THAT'S MY ALTERNATIVE DRAWING.

YEAH.

SO THEY COULD POTENTIALLY, THE ONLY OTHER ISSUE REALLY IS GO LIKE THIS SCREENING, WHICH AT THE MR. GREEN SCHEME SAID NO, THEY COULD MAKE ALL THIS GRASS IF THEY WANTED TO JUST PUT SOMETHING ON THE, LIKE THAT PLANTS AND STUFF, INSTEAD OF HAVING THIS WHOLE THING, THEY'RE NOT REALLY GIVING MUCH GRASS.

I DON'T KNOW HOW YOU CAN STOP SOMEBODY BECAUSE THEY HAVE THIS WHOLE SQUARE.

'CAUSE THEY HAVE THIS OUTDOOR KITCHEN.

OH.

FOR THAT PERSON LOOKING AT, BUT I'M JUST SAYING AT THE OUTDOOR KITCHEN.

MM-HMM.

WITH THE PURPLE.

OH.

SO THEN IT WOULD BE, I'D LOOK AT IT TOO.

AND IT'S NOT KEEP, IT'S NOTHING.

THIS IS A PRETTIER DESIGN TOO.

OKAY.

SO WE'LL PREPARE THAT LETTER OFF.

UM, I DO HAVE A CHEAT SHEET HERE FOR YOU.

UM, SO ARE WE SITTING HERE OR ARE WE GOING BACK UP? WE'RE GOING BACK UP, RIGHT? OKAY.

NO, I MEAN, UM, FOR 2315, ARE WE ALL FOR THIS? EXCEPT FOR CLOSE BY THEN REDUCING THE HARDSCAPE HERE FOR AND, AND SCREENING.

BUT THEY ALREADY SAID THAT THEY WERE SEE YOU NEXT MONTH TO DO THAT.

I'M JUST SORRY THAT THAT CONSTRUCTION IS BEING HELD UP FOR A WHOLE NOTHER MONTH EXCEPT FOR PLUMBING.

OH, I'M TIRED.

OH MY GOD.

IT'S MIDNIGHT.

YEAH.

IS IT MIDNIGHT? ALMOST FIVE MINUTES.

LET'S SEE IF WE CAN CLOSE THIS UP BY MIDNIGHT.

MY GOD.

EVE, THAT'S GONNA HAPPEN.

EVE IT.

CAN WE DO THIS IN FIVE MINUTES

[04:30:01]

AND BE DONE BY MIDNIGHT? CAN WE SLIDE ? UH, MAYBE 12.

OH, OKAY.

OKAY.

DID I LEAVE THE SPEAKER OVER THERE? UH, I OKAY.

THANK YOU.

THIS ONE'S ADJOURNED.

YEAH, I GOT IT ALL WRITTEN HERE.

THIS ONE.

IS THIS OKAY? AND THEN YEAH, THEN IT'S ALL GOOD.

ALL RIGHT.

AND DID I GET BACK? WHERE IS IT? DO YOU HAVE YOUR 40 MIL? NO, I'M LOOKING FOR IT.

I GAVE IT TO YOU.

OH, I NEVER GAVE THAT BACK.

NO.

OKAY.

YOUR DECISION.

OH.

OH.

TIRED.

GEE, I WONDER WHY IT'S NOT THERE.

NO, I THINK I GAVE IT BACK.

I, NO, THAT'S GREENHOUSES.

WHAT THE HELL? WELL YOU'RE NOT GONNA READ IT ANYWAY.

NO I'M NOT.

THAT'S TRUE.

I THOUGHT IT WAS OVER THERE SO I CAN LEAVE SOME WITH YOU.

THANKS.

OH NO, IT'S TO GIVE HER INAPPROPRIATE FOR HER BIRDS.

YOU NEED MORE PAPER FOR THE BIRDS.

OKAY.

NOW THAT IT'S READY.

SO, UM, OH, OKAY, JANELLE, WE'RE WE'RE CONTINUING LIVE AND UM, TAKE, TAKE AWAY WHENEVER YOU'RE READY.

AND WE ARE BACK WITH THE RESULT OF OUR DELIBERATIONS.

AND THE FIRST CASE ON TONIGHT'S AGENDA IS CASE 2305 UNITED REFRIGERATION.

AND THAT IS ADJOURNED FOR ALL PURPOSES TO THE MEETING OF JULY 20TH.

AND THE NEXT CASE IS CASE 23 0 8 40 MIL REALTY L L C WITH 10 SOFT MILL REALTY L L C.

AND WHEREAS FOR THE RECORD, THE PLANNING BOARD AS PART OF A COORDINATED REVIEW WITH THE ZONING BOARD MADE A NEGATIVE DECLARATION WITH THE SEC.

QUICK RESPECT TO SEEKER CONCLUDING THAT SEEKER THE SEEKER PROCESS WHICH PUTS THE Z B A IN A POSITION TO RENDER A DECISION ON THE VARIANCES.

DO YOU NEED A SECOND? NO.

AND I MOVE THAT THE APPLICATION IN CASE 2308 BE GRANTED PROVIDED THAT THE APPLICANT'S OBTAIN ALL NECESSARY APPROVALS AND FIND FILE.

SAME WITH THE BUILDING DEPARTMENT.

ANY CONSTRUCTION BEGINS 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 MAY 4TH, 2023 SUBMITTED IN SUPPORT OF THIS APPLICATION.

FAR AS SUCH, PLANS MAY HEREAFTER BE 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 GRANTED HEREIN.

THE GRANT VARIANCES GRANTED HEREIN ARE FOR THE IMPROVEMENTS SET FORTH IN THE APPLICATION.

ANY FUTURE, FUTURE CONSTRUCTION OR MODIFICATIONS MUST COMPLY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE EVEN IF THEY ARE CONSISTENT WITH THE SETBACKS AND OTHER APPROVALS GRANTED HEREIN.

SECOND AND LASTLY, APPLICANT SHALL USE BEST EFFORTS TO OBTAIN OFFSITE PARKING FOR ITS EMPLOYEES SO THAT, SO AS TO MINIMI MAXIMIZE ONSITE PARKING FOR ITS CUSTOMERS COMPLIANCE WITH THIS CONDITION SHALL BE REVIEWED BY THE BUILDING DEPARTMENT WITHIN ONE YEAR OF THIS DECISION.

IF THE BUILDING INSPECTOR OBSERVES PROBLEMS WITH INADEQUATE PARKING, HE SHALL BE AUTHORIZED TO REQUEST THAT THE PARKING VARIANCE WE ARE GRANTING HEREIN BE REOPENED AND RECONSIDERED.

SECOND.

DO I HAVE A ALL IN FAVOR? AYE.

CHAIR VOTES.

AYE.

AND WITH RESPECT TO FINDINGS, AGAIN BECAUSE OF THE LATENESS OF THE HOUR, BEING IT NOW A LITTLE AFTER 12 MIDNIGHT, WE ARE NOT GOING TO READ ANY FINDINGS WITH RESPECT TO ANYTHING THAT

[04:35:01]

WE HAVE GRANTED THIS EVENING, BUT THAT WILL BE AVAILABLE IN THE RECORD AS WELL AS UH, PROVIDED BY THE SECRETARY IF IT'S NEEDED.

THANK YOU.

NEXT IS CASE UPON REQUEST, NOT IF NEEDED UPON REQUEST.

RIGHT.

NEXT CASE IS 2310 JARED LINDSEY WHEREAS THE GREEN WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE AND WHEREAS, AND THEREFORE BE IT RESOLVED, THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SEEK A CONSIDERATION.

NOW DO I HAVE A SECOND? SECOND.

ALL IN FAVOR? AYE.

CHAIR VOTES.

AYE.

AND NOW DO I HAVE A MOTION? I DO.

MADAM CHAIR, I MOVE THAT THE APPLICATION IN CASE NUMBER 2310 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENT AND THAT 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 MAY 30TH, 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 BUT WE ARE GRANTING HEREIN AND THAT THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.

ONLY.

ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION PERFORMS TO THE HEIGHT, SETBACK OR OTHER VARIANCES WE HAVE APPROVED HEREIN AND THE APPLICANT SHALL INSTALL LANDSCAPING AS PER THE PLANS NOTED ABOVE.

SECOND AYE.

I'LL SECOND.

THANK YOU .

ALL IN FAVOR? AYE.

AYE.

I'M CHAIR ABSTAINS.

AND THE NEXT CASE WE HAVE ON TONIGHT'S AGENDA IS CASE 2312.

CHERYL AND BURT HEARN? NO, WE HAVE 2311.

2311.

I'M SORRY.

UM, KEVIN CROOK.

WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET A COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET A CONSIDERATION.

SECOND.

SECOND.

ALL IN FAVOR? AYE.

AYE.

CHAIR VOTES.

AYE.

AND DO WE HAVE A MOTION? YES.

MADAM CHAIR, I HAVE A MOTION.

I MOVE THAT THE APPLICATION IN CASE NUMBER 2311 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 AND ST DATED, STAMPED AND RECEIVED ON APRIL 13TH, 2023 SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD, 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 PLANS SUBMITTED IN SUPPORT OF THIS APPLICATION.

ONLY.

ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.

SECOND.

ALL IN FAVOR? AYE.

AYE.

CHAIR VOTES.

AYE.

AND NEXT WE HAVE 2312 CHERYL AND BURT HEARNS WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRE NO FURTHER SECRET A CONSIDERATION.

SECOND.

ALL IN FAVOR, AYE.

AYE.

CHAIR BOB.

AYE.

AND DO HAVE A MOTION? YES.

MADAM CHAIR.

I MOVE THAT THE APPLICATION IN CASE NUMBER 2312 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE

[04:40:01]

SAME WITH THE BUILDING DEPARTMENT.

CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED, UH, FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED, STAMPED, RECEIVED ON MAY 31ST, 2023 SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER BOARD OR AGENCY OR OFFICER OF THE TOWN.

PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.

THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.

ONLY.

ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES.

WE HAVE APPROVED HEREIN FURTHER THAT THE FOLLOWING CONDITION SHALL BE MET.

THE MAXIMUM IMPERVIOUS SURFACE COVERAGE SHALL NOT EXCEED 12,031 SQUARE FEET AS INDICATED BY THE PLANS DATED MAY 25TH, 2023.

AND DATE STAMPED MAY 31ST, 2023.

SECOND.

ALL IN FAVOR? AYE.

AYE.

OPPOSED? CHAIR VOTES.

AYE.

AND NEXT CASE IS 2314, WHICH IS ADJOURNED FOR ALL PURPOSES TO JULY 20TH.

AND THE LAST CASE WE HAVE ON OUR AGENDA THIS EVENING, 2315 ALSO ADJOURNED TO JULY 20TH AND OUR NEXT MEETING WILL BE THURSDAY, JULY 20TH.

AND HOPEFULLY WE'LL SEE YOU ALL THERE IN THE SUMMER.

WOOHOO.

THANK YOU ALL.

THANK YOU.