[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS AGENDA THURSDAY, July 20, 2023 – 7:00 P.M. ]
[00:00:09]
CHRISTIE NECK HERE.E FUNDING SMITH PRESENT LOUIS CRITCHLOW.
ALL RIGHT, SO THE MEETING OF THE ZONING FLORIDA APPEALS TO THE TOWN OF GREENBURG WILL NOW COME TO ORDER.
WE HAVE FIVE CASES THAT ARE SCHEDULED FOR, OR SIX CASES, FIVE CASES THAT ARE SCHEDULED.
TONIGHT'S AGENDA, PLEASE NOTE THAT THE ZONING BOARD WILL HAVE OUR NEXT REGULAR MEETING ON THURSDAY, AUGUST 17TH, AT 7:00 PM AS USUAL, IF WE CANNOT COMPLETE HEARING ANY CASE TONIGHT, IT WILL BE ADJOURNED TO ANOTHER MEETING TO HOPEFULLY BE COMPLETED AT THAT TIME.
ALSO, AS IS USUAL TO SAVE TIME, WE WILL WA A READING OF THE PROPERTY LOCATION AND THE ROOM SOUGHT FOR EACH CASE.
HOWEVER, THE REPORTER WILL INSERT THIS INFORMATION IN THE RECORD.
THIS INFORMATION ALSO APPEARS IN THE AGENDA FOR TONIGHT'S MEETING AFTER THE PUBLIC HEARING OF TONIGHT'S CASES.
THE BOARD WILL LEAVE HERE TO DISCUSS THE CASES WE HAVE HEARD THIS EVENING.
EVERYONE HERE IS WELCOME TO LISTEN TO OUR DELIBERATIONS.
HOWEVER, THE PUBLIC WILL NOT BE PERMITTED TO SPEAK OR PARTICIPATE AT THAT TIME.
AFTER OUR DELIBERATIONS, WE WILL COME BACK INTO THIS ROOM TO ANNOUNCE OR TO COME BACK TO OUR PODIUM, I SHOULD SAY, TO ANNOUNCE THE BOARD'S DECISION ON FORMAL RECORD AND HAVE THAT BROADCAST TO THE COMMUNITY.
IF YOU'RE GOING TO SPEAK TONIGHT, PLEASE DO NOT START SPEAKING UNTIL YOU GET ON THE MICROPHONE.
'CAUSE IF YOU DON'T HAVE IT RECORDED, WE CAN'T LOOK AT ANYTHING LATER.
OR IF THERE'S A REASON FOR ANY TYPE OF APPEAL OR MISSTATEMENT, WE NEED A RECORD.
SO PLEASE JUST MAKE SURE YOU'RE SPEAKING TO THE MICROPHONE.
IF YOU'RE NOT ONE OF THE NAMED APPLICANTS, PLEASE, UH, STATE YOUR NAME AND ADDRESS OR YOUR PROFESSIONAL AFFILIATION, AND IF NECESSARY, SPELL YOUR NAME FOR THE RECORD.
IF IT'S SOMETHING THAT'S DIFFICULT OR OUT OF THE ORDINARY, I SHOULD SAY.
ALL PRIOR TESTIMONY IS ALREADY IN THE RECORD AND SHOULD NOT BE REPEATED.
BEFORE WE GO ANY FURTHER, UH, WE HAVE AN ISSUE THAT CAME UP THIS EVENING WITH MS. RESPECT TO, UH, CASE 2314, PARTICULARLY IN THAT THERE WAS INFORMATION THAT WAS SUBMITTED TO US LESS THAN SIX DAYS PRIOR TO THE MEETING, AND THAT'S WRITTEN MATERIAL.
THE RULE IS THAT THAT MATERIAL SHOULD HAVE BEEN SUBMITTED BY THE APPLICANT PRIOR TO THE 10 DAY LIMIT.
SO WE ARE GOING TO MAKE A CONCESSION TONIGHT BECAUSE THERE'S SO MANY INDIVIDUALS HERE FROM THE COMMUNITY WHO ARE HERE FOR THAT CASE.
BUT OTHERWISE, THIS IS GOING TO HAVE TO BE A RULE THAT WE'RE GOING TO, UH, TRY TO KEEP IN PLACE BECAUSE WE DON'T WANT TO START HAVING MORE CHAOS.
WE'RE TRYING TO DO THINGS IN AN AUTUMN FASHION ACCORDING TO WHAT THE RULES ARE.
SO THE FIRST CASE ON TONIGHT'S AGENDA IS CASE 2305, UNITED REFRIGERATION CHAIR, MEMBERS OF THE ZONING BOARD.
I'M AN ASSOCIATE AT DELBELLO DENTAL AND WEINERT, AND WE WHITAKER.
I'M HERE TONIGHT ON BEHALF OF UNITED REFRIGERATION AND ITS APPLICATION TO ADD TWO STORIES TO THE EXISTING BUILDING LOCATED AT FOUR 20 SAW MILL RIVER ROAD.
WE'VE BEEN BEFORE YOU SEVERAL TIMES THE LAST TIME, LAST MONTH, AND WE APPRECIATE YOUR CONSIDERATION IN THIS MATTER.
AS WE HAVE STATED, IT DOES NOT MAKE BUSINESS OR FINANCIAL SENSE TO BUILD THE BUILDING TO A LOWER HEIGHT OF 50 FEET, AND THE APPLICANT IS REQUESTING THE AREA VARIANCE FIRST TO BUILD THE BUILDING TO 73 FEET.
IN ADDITION, WE HAVE ALSO STATED THAT THE PROPERTY IS UNIQUE AND DISTINCT FROM THE SURROUNDING PROPERTIES, AND THAT IT IS SITUATED AT A LOWER ELEVATION THAN THE SURROUNDING PROPERTIES.
IF THE, IF A BUILDING IN THE ADJACENT PD DISTRICT WERE BUILT TO THE PERMITTED HEIGHT OF 40 FEET,
[00:05:01]
THE PROPOSED BUILDING WOULD BE ABOUT LEVEL WITH THAT BUILDING.AND I CAN SHOW YOU, I HAVE, UM, I HAVE A DIAGRAM, BUT I I DID ALREADY SHOW THAT TO YOU A COUPLE MEETINGS AGO.
UM, UNFORTUNATELY, IF THE VARIANCES ARE NOT GRANTED, THE APPLICANT WILL HAVE TO SEEK, UH, TO RELOCATE ELSEWHERE.
UM, I'D JUST LIKE TO SAY AGAIN THAT WE RECEIVE POSITIVE RECOMMENDATIONS FROM THE PLANNING BOARD AND A NEGATIVE DECLARATION FOR THE PROJECT INDICATING THAT THERE ARE NO ADVERSE ENVIRONMENTAL IMPACTS.
UH, SO YOU'RE FREE TO ACT ON THE APPLICATION THIS EVENING.
UM, WE'RE HERE TO ANSWER ANY ADDITIONAL QUESTIONS YOU HAVE, AND WE THANK YOU FOR YOUR CONSIDERATION IN THIS MATTER.
I DON'T ANY QUESTIONS FROM THE AUDIENCE? COME UP, MA'AM.
WE CAN'T HEAR THE BOARD MEMBERS WHEN YOU SPEAK ON ZOOM, WE CAN HEAR SORRY.
IS THAT BETTER? CAN YOU HEAR US NOW? OH, YEAH, THAT'S BETTER.
MR. LAND IS HERE NOW WHEN YOUR BLAND, SO WE HAVE A NICE COMPLIMENT.
EVERYONE IS HERE TO LEAVE TONIGHT.
YOU CAN'T HEAR US STILL A LITTLE BIT.
CAN YOU HEAR ME NOW? A LITTLE BIT.
SHE MAY NEED TO TURN HER MIC UP.
IS MY VOLUME TOO LOUD AT THIS POINT? IT'S PROBABLY HER COMPUTER.
MY NAME'S DOREEN LIPSON, D O R R I N E L I V SS O N.
I AM REPRESENTING THE, THE COUNCIL OF GREENBERG CIVIC ASSOCIATIONS.
I AM ALSO AN EXECUTIVE BOARD MEMBER OF THE C G C A.
I AM THE TREASURER OF THIS ORGANIZATION.
DEAR CHAIRPERSON BUNTE SMITH AND MEMBERS OF THE Z B A AT ITS MEETING ON JUNE 26TH, 2023.
FOR THE THIRD MONTH IN A ROW, THE COUNCIL OF GREENBURG CIVIC ASSOCIATIONS DISCUSSED THIS PRO SUBJECT APPLICATION FOR A VARIANCE TO INCREASE THE HEIGHT OF THE EXISTING BUILDING FROM THE PERMITTED 25 FEET TO 73 FEET IN ORDER TO CREATE TWO ADDITIONAL STORIES.
IT WAS NOTED THAT AT THE JUNE 15TH, Z B A HEARING, THE APPLICANT'S REGIONAL MANAGER EXPLAINED THAT THIS EXTRA WAREHOUSE SPACE WAS NEEDED TO SUPPORT 24 OF ITS LOCAL SALES OFFICES THROUGHOUT THE TRI-STATE AREA FROM ALBANY, NEW YORK CITY, LONG ISLAND, CONNECTICUT, AND NEW JERSEY, WHICH DO NOT HAVE ROOM TO STOCK EQUIPMENT.
THE REGIONAL MANAGER ACTUALLY QUESTIONED WHETHER THE PROPOSED THREE STORY BUILDING WOULD BE OF SUFFICIENT SIZE TO WAREHOUSE ALL THE EQUIPMENT NEEDED AT THIS MEETING.
THE Z B A WAS ALSO TOLD THAT FIVE TO SIX TRUCKS A DAY WOULD BE DELIVERING EQUIPMENT OR TAKING IT AWAY FROM THE SITE SO THAT NO HEAVY MACHINERY WOULD BE NECESSARY TO LOAD OR UNLOAD THE EQUIPMENT.
IN ADDITION, THE Z B A WAS INFORMED THAT PAINTING THE PROPOSED THREE STORY BUILDING SHADES OF BLUES AND GREENS WILL DECREASE ANY NEGATIVE IMPACT.
IT IS UNCONCEIVABLE THAT PAINTING THIS BUILDING PRETTY COLORS WILL SOMEHOW DIMINISH THE NEGATIVE IMPACT THAT A 70 FOOT THREE FOOT HIGH WALL WILL HAVE ON THE ADJACENT HOMES AND BUSINESSES WHOSE NEAR YARDS ARE A MERE 24 FEET AWAY.
IT IS ALSO QUESTIONABLE HOW A BUILDING THREE TIMES THE CURRENT SQUARE FOOTAGE CAN BE STOCKED WITH ALL THE NECESSARY MERCHANDISE TO SERVICE TWO DOZEN OR MORE SALES OFFICES WITH ONLY FIVE OR SIX TRUCKS A DAY PROVIDING THE TRANSPORTATION.
THE C G C A REPRESENTATIVES AGREED THAT THE BALLOON TESTING MAY OFFERED INADEQUATE INFORMATION REGARDING VISUAL IMPACTS THAT THE FOLIAGE BLOCKING THE VIEW, WHICH WILL BE ABSENT ALMOST HALF OF EACH YEAR.
AND THE ANGLES OF THE CAMERA, HOWEVER, THE MAJOR CONCERN
[00:10:01]
CONTINUES TO BE, QUOTE, THE PRECEDENT THAT GRANTING THE REQUESTED HEIGHT VARIANCE WOULD NOT ONLY HAVE AN IMPACT ON THE IMMEDIATE NEIGHBORHOOD, BUT ON OTHER PROPERTIES IN INTERMEDIATE IB DISTRICTS, AS WELL AS THE OTHER COMMERCIAL ZONING DISTRICTS IN GREENBURG.THE ARGUMENTS THAT THE APPLICANT ADVANCED IN THIS CASE, THAT THE BUILDING WILL HAVE LOW VISIBILITY BECAUSE IT IS SET BACK FROM THE STATE ROAD NINE A.
IT IS LOCATED NEAR OTHER INDUSTRIAL AND COMMERCIAL PROPERTIES AND IS SET AT A LOWER ELEVATION THAN OTHER NEARBY BUILDINGS CAN ALSO BE USED BY ANY NUMBER OF OTHER PROPERTIES SEEKING HEIGHT VARIANCES.
THE C G C A WOULD LIKE TO KEEP UNITED REFRIGERATION IN BUSINESS IN GREENBURG, BUT CANNOT SUPPORT THE REQUESTED ALMOST 200% HEIGHT VARIANCE AT THIS SITE.
THE C G C A HOPES THAT THE FOUR Z B A MEMBERS WHO AGREED TO A STRAW VOTE TO DENY THE VARIANCE REQUEST DURING THE JUNE 15TH DELIBERATION SESSION WILL CONTINUE TO SUPPORT THE COMMUNITY AND VOTE TO DENY THIS VARIANCE REQUEST.
ANYONE ELSE? DOES THE APPLICANT WANNA RESPOND TO ANYTHING THAT WAS STATED? I ALEX, ANSWER FROM HAN LANE AND ZOOM.
I JUST WANT TO SAY THAT IF THERE'S A, EITHER A 50 FOOT OR A 75 FOOT AND YOUR BACKYARD ONE FEET, IT'S REALLY LIKE A JET.
SO I, WHATEVER WE SAID BEFORE IS THE SAME THING BASICALLY.
I, IT'S, IT'S, IT IS GOING TO BE A DISASTER IF THIS THING HAPPENS.
I WOULD JUST REITERATE WHAT WE S STATED HERE TONIGHT, WHAT WE'VE STATED ON THE RECORD.
UM, AS FAR AS PRECEDENT, I THINK THE PROPERTY IS UNIQUE IN THAT IT IS AT A LOWER ELEVATION THAN THE SURROUNDING PROPERTIES.
UM, AND I THINK WE'VE SAID EVERYTHING THAT WE CAN, UNLESS, UM, STEVE OLI IS HERE FROM UNITED REFRIGERATION, HE'S ON THE ZOOM UNLESS HE HAS ANYTHING ELSE TO ADD.
STEVEN, IF YOU COULD UNMUTE YOUR MIC.
IS THIS BETTER? BETTER? UH, WE CAN HEAR YOU.
UM, THANK YOU TO THE
DO YOU HEAR THIS ECHO? NOT AT THE MOMENT.
WE'VE SUBMITTED ALL THE DOCUMENTS AND WE APPRECIATE THE OPPORTUNITY.
WE, UM, IT JUST DOESN'T MAKE FINANCIAL SENSE TO DO THE LESSER, UH, AMOUNT.
THE RESPONSE I WOULD HAVE IS THAT WE'VE THOUGHT LONG AND HARD ABOUT HOW THIS WOULD SERVE AS THE BRANCHES AND THE ERECT THE SURROUNDING AREA, WHICH TOM BLAZE MENTIONED TO YOU LAST MONTH.
UM, THE ESTIMATES THAT HE GAVE FOR THE TRUCKS ARE ABOUT AS CLOSE AS ACTUAL AS TO BE EXPECTED.
UM, SO OTHERWISE, I AGAIN APPRECIATE THE OPPORTUNITY FOR, UH, PRESENTATION BEFORE THE BOARD AND WE RESPECT THE BOARD'S DECISION.
WE THINK THIS IS GONNA BE AN INDUSTRIAL COMMUNITY IN THE NEAR FUTURE.
IT'S PRIMARILY AN INDUSTRIAL COMMUNITY NOW.
UM, AND I SEE GREAT THINGS FOR THE TOWN IN THE COMING YEARS.
WELL, I APPRECIATE YOUR REMARKS.
[00:15:02]
THAT IS CASE 23.450 SECOUR ROAD, L L C, HARTSFIELD GREENHOUSES.
GOOD EVENING, MADAM CHAIR, MEMBERS OF THE ZONING BOARD OF APPEALS FOR THE RECORD.
MY NAME IS LUCIA OCCHIO WITH CUTTING FADER, AND WE REPRESENT HARTSDALE GREENHOUSES.
I'D LIKE TO THANK THE BOARD FOR CONSIDERING OUR LATEST SUBMISSIONS, UM, EVEN THOUGH THEY WERE SUBMITTED AFTER THE DEADLINE, AND WE UNDERSTAND AND WE'LL COMPLY WITH THE DEADLINES MOVING FORWARD.
SO THANK YOU FOR THAT CONSIDERATION.
UM, I'D LIKE TO START THIS EVENING BY CLARIFYING SOME TERMS, UH, THE SPECIFICALLY SEASONED WOOD.
UM, I USE THAT TERM INCORRECTLY, SO I APOLOGIZE IF I CAUSE SOME CONFUSION, BUT I'D LIKE TO CLARIFY THAT NOW ON THE RECORD.
SO, SEASONED WOOD, WHEN SOMETHING IS CONSIDERED SEASONED WOOD, IT'S WOOD THAT IS NATURALLY AIR DRY.
SEASONED WOOD DOES NOT INCLUDE THE APPLICATION OF HEAT TO THE WOOD PRODUCT.
AND AS I WE EXPLAINED AT THE JUNE MEETING, THE WOOD OPERATIONS AT HARTSDALE GREENHOUSES CONSISTS OF CUTTING THE, THE TREES INTO LOG FIREWOOD LOGS AND GRINDING IT INTO MULCH.
HEAT IS NOT USED AT ALL IN THAT PROCESS.
THE GREENHOUSES ARE HEATED, UM, OBVIOUSLY FOR OBVIOUS REASONS TO, TO HEAT THOSE PRODUCTS, UM, THE HORTICULTURE PRODUCTS, BUT WITH RESPECT TO THE WOOD, SEASONED WOOD MEANS IT IS NATURALLY AIR DRIED.
UM, THAT'S DIFFERENT FROM KILN DRIED WOOD, KILN DRIED WOOD.
THERE'S A LARGE OVEN OR KILN THAT'S USED TO HEAT THE WOOD OVER A, A LOW, EVEN TEMPERATURE.
HARTSDALE GREENHOUSES DOES NOT HAVE THESE OVENS, DOES NOT INTEND TO PUT THESE OVENS IN.
THAT IS NOT WHAT THEY DO AS FAR AS THEIR WOOD OPERATIONS IS CONCERNED.
SO I HOPE I CLARIFY THAT FOR EVERYONE.
SEASONED WOOD, AIR DRIED WOOD, NO APPLICATION OF HEAT.
UM, I ALSO WANTED TO JUST CLARIFY SOME STATEMENTS THAT WERE MADE ABOUT THE, UM, THE SITE INSPECTION THAT OCCURRED IN JANUARY WITH THE BUILDING INSPECTOR TOWN ENGINEER, A REPRESENTATIVE FROM THE D E C AND THE, UM, COUNTY SOLID WASTE COMMISSION.
UM, THE D E C DID ISSUE A VIOLATION BASED ON THAT SITE VISIT, BUT IT WAS NOT FOR AN ILLEGAL TRANSFER STATION, UM, ACT.
UM, ACTUALLY IN THEIR DETERMINATION, THEY SAID THAT THEY DID NOT, THEY DETERMINED IT WAS NOT AN ILLEGAL TRANSFER STATION.
THE VIOLATION WAS ISSUED IN CONNECTION WITH THE AMOUNT OF MULCH THAT WAS ON THE PROPERTY.
THE AVILAS CORRECTED IT IMMEDIATELY.
UM, THERE'S A CERTAIN LEVEL OF MULCH THAT YOU NEED TO REGISTER WITH THE D E C, SO THEY CORRECTED THAT IMMEDIATELY SO THEY WOULDN'T HAVE TO REGISTER.
THE D E C RECOGNIZED THAT CORRECTION.
UM, AND AS I SAID LAST MONTH, THE D E C ANTICIPATES DISMISSAL OF THAT VIOLATION BECAUSE OF THE CORRECTIVE ACTION.
AND ALSO AT THAT SITE VISIT, UM, THERE WAS TALK ABOUT THE MULCH PILES BEING ON FIRE, WHICH THEY WERE NOT.
UM, OR IN THE MULCH PILES SMOKING.
AND WHAT ACTUALLY HAPPENS WITH THE MULCH PILES, IT'S CONDENSATION.
SO IT LOOKS LIKE VAPOR'S COMING FROM THE MULCH PILE.
AND WHAT HAPPENS IS THE MULCH IS AT, UM, THE INTERIOR OF THE MULCH IS AT A WARMER TEMPERATURE THAN THE OUTSIDE AIR.
SO IT'S LIKE WHEN YOU GO OUT ON A COLD DAY AND YOU BREATHE OUT, YOU SEE THAT VAPOR COME OUT OF YOUR MOUTH.
THAT'S EXACTLY WHAT HAPPENS WITH THE MULCH PILE.
SO AT THE SITE VISIT, THE D E C REPRESENTATIVE ACTUALLY TOOK A PROBE, A TEMPERATURE PROBE, MEASURED THE TEMPERATURE AT THE MULCH PILE, AND CONFIRMED THAT IT WAS WITHIN ACCEPTABLE RANGE.
UM, THEVES ALSO SPOKE TO THE D E C REPRESENTATIVE ABOUT THE, THE VAPORS THAT COME OFF THE MULCH PILE.
AND THEY DIDN'T EXPRESS ANY CONCERN WITH IT.
IT'S NOT A SITUATION WHERE IT WOULD IGNITE INTO FLAMES.
IT, IT'S REALLY JUST CONDENSATION.
SO WE WANTED TO MAKE SURE THAT THE BOARD UNDERSTOOD THAT.
UM, WE ALSO WANTED TO JUST MAKE SURE THE BOARD UNDERSTOOD THAT, UM, OVER THE YEARS, THE BUILDING DE DEPARTMENT DID CONDUCT UNANNOUNCED INSPECTIONS AT THE PROPERTY.
UM, IN THE PAST, THE BUILDING INSPECTOR HAD DEEMED THE USES EXISTING NON-CONFORMING.
UM, WE ALSO WANTED TO CONFIRM THAT THE AVILAS AND DALE GREENHOUSES IS NOT IN ANY WAY ABANDONING THEIR HORTICULTURAL OPERATIONS.
THAT IS SOMETHING THAT THEY WILL CONTINUE TO DO.
[00:20:01]
UM, WE SUBMITTED SOME PICTURES FROM THIS YEAR'S PRODUCT.UH, THEY HAVE GREENHOUSES THAT WERE FULL OF HORTICULTURAL PRODUCTS, UM, WITH RESPECT TO NEIGHBORHOOD SUPPORT, RECENTLY RECEIVED SOME ADDITIONAL LETTERS.
THERE'S SOME FOLKS HERE FROM THE NEIGHBORHOOD THAT ARE HERE IN SUPPORT OF THE APPLICATION.
UH, BEFORE THE AVILOS FILED THEIR APPLICATION, THEY DID GO AND TALK WITH THEIR NEIGHBORS TO EXPLAIN WHAT WAS HAPPENING, UM, THAT THEY WERE MAKING THIS APPLICATION.
IF NEIGHBORS WERE WILLING TO SUPPORT THE APPLICATION, THEY WERE GRATEFUL FOR THAT SUPPORT.
UM, AND I, I DO, I'M GOING TO TURN IT OVER TO, UH, MY CLIENT, CAROL
SHE HAS A STATEMENT THAT YOU'D LIKE TO MAKE AND IT'S REGARDING HER DEEP CONNECTIONS TO THE NEIGHBORHOOD AND THE COMMUNITY.
AND BECAUSE OF THOSE DEEP CONNECTIONS, THE VEERS ARE MAKING SOME SIGNIFICANT CHANGES TO THEIR OPERATIONS IN ORDER TO ADDRESS THE CONCERNS OF THEIR NEIGHBORS.
THEY LIVE AT THE PROPERTY, THEY'RE PART OF THIS NEIGHBORHOOD, SO THEY DON'T, THEY REALLY DO WANNA ADDRESS THEIR NEIGHBOR'S CONCERNS AND FIND A WAY THAT THEY CAN CONTINUE THEIR BUSINESS, KEEP IT SUSTAINABLE, UM, AND BE A GOOD NEIGHBOR.
SO WITH THAT, I'LL TURN IT OVER TO CAROL AVILA.
GOOD EVENING, MADAM CHAIR AND MEMBERS OF THE ZONING BOARD.
FIRST, I WOULD LIKE TO THANK YOU FOR ACCEPTING THOSE LATE DOCUMENTS.
I RESIDE AT FOUR 50 CCO ROAD AND I OPERATE THE HARTSDALE GREENHOUSES AT THAT ADDRESS.
I STAND BEFORE YOU TONIGHT ALONGSIDE MY HUSBAND TONY, AND MY TWO DAUGHTERS, FAITH AND HAILEY.
UM, IT IS IMPORTANT FOR ME TO GIVE YOU AND THE COMMUNITY MY NEIGHBORS A LITTLE HISTORY OF MYSELF AND HOW IT RELATES TO THIS CASE.
I COME FROM A FAMILY WHO IS DEEPLY ROOTED IN THIS COMMUNITY.
IT STARTED WITH MY GRANDPARENTS WHO CAME TO LIVE AT SEVEN OH ONE DOBBS FERRY ROAD, WHERE THEY BEGAN THEIR FARM STAND, WHICH IS NEARLY ADJACENT TO THE NORTH SIDE OF MY PROPERTY.
OVER TIME, THEY PURCHASED THE PROPERTY AT FOUR 50 CCO ROAD WHERE THEY RESIDED AND RAN THE FAMILY NURSERY BUSINESS WITH THEIR CHILDREN OF FOUR.
ONE OF THEM BEING MY DAD, WHO EVENTUALLY PURCHASED THE PROPERTY.
I WAS BORN AND RAISED IN HARTSDALE.
IN FACT, I LIVED AT NUMBER FIVE JENNIFER LANE AS A YOUNG GIRL.
AS FAR AS I CAN GO BACK, I CAN REMEMBER I WENT TO WORK WITH MY FAMILY.
I WORKED NEARLY EVERY DAY AFTER SCHOOL, EVERY WEEKEND, AND DURING EVERY SCHOOL RECESS.
I KNOW SOME OF MY NEIGHBORS CAN VOUCH FOR THIS.
IN RETROSPECT, I NOW KNOW THAT I WAS BLESSED AND I'M GRATEFUL FOR EVERY MOMENT HOW QUICKLY LIFE PASSES AND LOVED ONES ARE LOST.
I MENTIONED I LIVED AT FIVE JENNIFER LANE IN MY EARLY TEENS.
MY PARENTS SOLD THAT HOUSE AND I MOVED TO THE HOME.
MY GRANDPARENTS PURCHASED IN 1955 AT C COR AT FOUR 50 C COR ROAD.
WE LIVED UPSTAIRS AND MY PA MY GRANDPARENTS DOWNSTAIRS.
AND FOR ABOUT A YEAR UNTIL THE ONE AWFUL DAY, MY UNCLE ANTHONY KIKI, WHICH SOME OF YOU KNOW, PASSED AWAY OF A MASSIVE HEART ATTACK IN HIS MID THIRTIES, MY DAD LOST HIS BROTHER AND BUSINESS PARTNER.
DAYS LATER, MY GRANDMOTHER SUFFERED A STROKE, WHICH PARALYZED HER, AND SHE LOST HER ABILITY TO SPEAK.
MY MOTHER, MOTHER FELT THE BRUNT OF IT, CARING FOR MY GRANDMOTHER DAY AND NIGHT, WHILE RAISING HER OWN FAMILY AND HELPING MY DAD RUN THE BUSINESS.
THOSE OF YOU WHO KNOW HER WOULD MOST LIKELY SAY SHE WAS A KIND GENTLE WOMAN DEDICATED TO HER FAMILY.
THE NEXT BLOW WAS A FEW YEARS LATER, MY DAD SUDDENLY BECAME ILL AND WAS HOSPITALIZED.
I WAS AROUND THE SAME AGE AS MY YOUNGEST DAUGHTER WHO IS HERE NOW WITH ME.
UM, WHEN THE DOCTORS CAME OUT TO TELL ME TO SAY GOODBYE TO HIM BECAUSE THEY DIDN'T THINK HE WAS GONNA MAKE IT THROUGH THE NIGHT, THIS HAPPENED THREE MORE TIMES.
LUCKY FOR US, HE HAD A FEW MORE LIVES IN HIM.
FAST FORWARD TO THE BIRTH OF MY FIRST CHILD IN NOVEMBER, 2002, TWO AND A HALF MONTHS LATER, ON JANUARY 14TH, 2003, MY MOTHER PASSED AWAY IN A CAR ACCIDENT.
SHE WAS 54 YEARS OLD, JUST A FEW YEARS OLDER THAN ME.
SADLY, MY DAD PASSED AWAY IN 2010.
AND NOW MY HUSBAND AND I ARE DOING OUR BEST TO KEEP THE BUSINESS THAT MY GRANDFATHER STARTED.
[00:25:02]
OR MORE EACH DAY.WHEN OUR 10 HOUR DAY IS OVER, THE WORK NEVER STOPS.
WHETHER IT'S CATCHING UP ON PAPERWORK, SETTING UP FOR THE NEXT DAY, CHECKING THE GREENHOUSES AND EQUIPMENT TO MAKE SURE EVERYTHING IS UP AND RUNNING.
THE REASON I'M TELLING YOU THIS IS TO CONVEY TO YOU ALL THAT MY ROOTS IN THIS COMMUNITY WENT DEEP.
I HAVE LIVED AND LIVED IN HARTSDALE ALL MY LIFE.
AS MENTIONED EARLIER, I GREW UP IN HARTSDALE IN THE HOUSE ON JENNIFER LANE.
AFTER I WAS MARRIED, I WOULD DRIVE BY MANY TIMES TO SHOW MY HUSBAND THE HOUSE I GREW UP IN MY DREAM WITH MY DREAMS OF MOVING BACK.
IN 2007, WE HAD THE OPPORTUNITY TO PURCHASE A HOME ON JENNIFER LANE AND MOVED OUR FAMILY.
MY OLDEST DAUGHTER WAS FOUR AT THE TIME.
A YEAR LATER, MY SECOND DAUGHTER WAS BORN.
WE PLANNED TO LIVE IN THERE FOREVER.
WE EVEN HAD DRAWINGS DONE UP BY AN ARCHITECT TO EXPAND THE HOUSE FOR A GROWING FAMILY.
MY FATHER PASSED AWAY SUDDENLY ON MAY 8TH, 2010.
THAT EVENING, I LEFT WORK AND SAID GOODNIGHT TO HIM, NOT REALIZING THAT WOULD BE THE LAST TIME I WOULD SEE HIM.
SHORTLY AFTER WE MOVED BACK INTO SEA CORAL ROAD, THE VERY HOUSE THAT MY GRANDPARENTS PURCHASED IN 1955.
IN FACT, OUR DAUGHTERS ARE NOW THE FOURTH GENERATION TO LIVE IN THIS HOME.
THE REASON WHY I BRING THIS UP IS MY CHILDREN HAVE BEEN RAISED ON JENNIFER LANE AND THE PROPERTY AT FOUR 50 CCO ROAD THEIR WHOLE LIFE.
EXCEPT FOR THE FIRST FOUR YEARS OF MY OLDEST CHILD.
I WAS DEEPLY IMPACTED BY THE PRESENTATION OF MY NEIGHBOR, ESPECIALLY MS. MORIARTY.
DURING THE PRESENTATION, SHE BROUGHT UP THE SAME CONCERNS ABOUT THE SMOKE FROM THE WOOD BURNERS AS SHE DID 13 YEARS AGO WHEN THE BUSINESS WAS UNDER MY FATHER'S OWNERSHIP.
AT THAT TIME, I HAD MY PLAY FULL BETWEEN MY HUSBAND AND I WORKING FULL-TIME AND PREOCCUPIED WITH RAISING OUR YOUNG FAMILY TO FULLY GRASP THE SCOPE OF HER CONCERNS.
I WISH MY NEIGHBORS SPOKE TO US DIRECTLY.
WHEN WE GAINED OWNERSHIP, WE COULD HAVE WORKED TOGETHER TO FIND A SOLUTION MUCH SOONER.
IN FACT, MY HUSBAND AND I WALKED THROUGH THE COMMUNITY TO INFORM AND HOPEFULLY GAIN SUPPORT FROM OUR NEIGHBORS.
BACK IN APRIL, WHEN WE SPOKE TO MR. MORIARTY, HE EXPLAINED TO US ABOUT HIS CHILD WITH ASTHMA.
AND FROM THAT MOMENT, WE TOLD HIM THAT WE WOULD SHUT DOWN THE WOOD BURNERS, WHICH WE DID UNTIL WE FOUND A SOLUTION.
THE BURNERS HAVE NOT BEEN TURNED ON SINCE.
I WOULD ALSO LIKE TO MENTION THAT WE, WHAT WE DO DIRECTLY AFFECTS MY CHILDREN.
I WOULD NEVER MAKE THE CHOICES THAT WOULD HARM THEM, LET ALONE THE NEIGHBORHOOD THAT I FELL IN LOVE WITH.
THERE ARE ONLY FOUR OPERATING WOOD BURNERS.
YEARS AGO, THERE WERE 12 OPERATING WOOD BURNERS, WHICH HAVE BEEN PHASED OVER PHASE OUT OVER TIME.
I WOULD LIKE TO MAKE IT CLEAR THAT THE FLOOR BURNERS THAT REMAINED WERE ONLY USED FOR THE PURPOSE OF HEATING HORTICULTURE PRODUCTS AND ALSO TO PROTECT THE GREENHOUSES DURING THE HARSH WEATHER, SUCH AS SNOWSTORMS, WHICH PREVENT THE GREENHOUSES FROM COLLAPSING DUE TO THE WEIGHT OF THE SNOW.
AND WHEN THE TEMPERATURE FALLS BELOW FREEZING TO PREVENT THE PIPES FROM BURRS NEVER TO HEAT FIREWOOD.
I AM NOT HERE TONIGHT TO CHALLENGE OR JUSTIFY TO MY NEIGHBORS, SOME OF WHOM HAVE KNOWN ME SINCE I WAS A LITTLE GIRL ON THE ISSUE OF RUNNING THE WOOD BURNERS.
BUT TO LET THEM KNOW THAT THEY HAVE BEEN HEARD, WE'LL BE SHUTTING DOWN THE WOOD BURNERS COMPLETELY AND PERMANENTLY WITH THE HOPE AND INTENTION TO ESTABLISH GOOD RELATIONS BETWEEN OUR BUSINESS AND THE NEIGHBORHOOD THAT I DEEPLY CARE ABOUT.
THIS BRINGS ME TO MY FINAL POINT.
I BELIEVE IT'S NORTH WORTHY TO MENTION TO THE BOARD AND MY NEIGHBORS THAT MS. LUKE'S RESIDENCE IS ON JEAN LANE.
JEAN LANE IS THE STREET THAT IS THE FURTHEST AWAY ON THE BLOCK FROM MY PROPERTY.
THE HOUSE SITS ON THE WEST SIDE, WHICH BACKS UP TO THE CEMETERY.
IF YOU WISH TO VERT BACK TO THE PICTURE SUBMITTED TO THE BOARD LAST SESSION, HER RESIDENCE IS NOT EVEN SHOWN DUE TO PROXIMITY OF THE PROPERTY.
THE REASON WHY I MENTIONED THIS IS THAT THE PROPERTY, IF THE PROPERTY WAS SOLD, SHE WOULD BE THE LEAST AFFECTED VERSUS MY NEIGHBORS ON JENNIFER LANE, ESPECIALLY THE ONES WHOSE PROPERTY BORDER MINE.
THEY WOULD FEEL THE GREATEST IMPACT.
[00:30:01]
STANDING HERE IN FRONT OF YOU ALL AND EVERYONE WATCHING AT HOME TO ASK, DO YOU WANT US HERE? DO YOU WANT US HERE? YES, ESPECIALLY THOSE WHOSE PROPERTY LINES BORDERLINE.IF WE CANNOT KEEP RUNNING THE BUSINESS THE WAY WE HAVE BEEN, WITH THE EXCEPTION OF THE WOOD BURNERS, WHICH ARE NO LONGER IN USE, WE WILL BE FORCED TO SELL.
IS THIS WHAT MY COMMUNITY WANTS? I WOULD LIKE TO THANK THE BOARD MEMBERS AND EVERYONE HERE FOR THEIR SUPPORT, ESPECIALLY THOSE WHO MADE IT HERE TONIGHT.
AND FOR THOSE WHO DIDN'T SUPPORT ME, I HOPE YOU GIVE US THE OPPORTUNITY TO WORK TOGETHER.
SO, AS MS. AVILA NOTED, THEY ARE, UM, THEY'RE NOT OPERATING THE WOOD BURNERS.
THEY WILL NOT OPERATE THE WOOD BURNERS.
UM, AS NOTED BEFORE, THE BURNERS ARE USED FOR THE HORTICULTURAL BUSINESS, SO THEY WILL REVERT TO OIL BURNERS FOR THAT.
THE OTHER MITIGATION, UM, THAT THEY'VE AGREED TO IS THE EQUIPMENT THAT'S USED FOR THE WOOD OPERATIONS, THE LOG CUTTER AND THE, UM, MULCH GRINDER.
THEY WILL MOVE THAT TO, UM, THE PART OF THE PROPERTY THAT BORDERS THE SPRING BOOK PARKWAY, WHICH IS OPPOSITE OF THE PROPERTY LINE THAT ABUTS JENNIFER LANE.
THAT'S ABOUT 450 FEET THAT DISTANCE FROM THE JENNIFER LANE PROPERTY LINE TO THE PROPERTY LINE THAT ABUTS THE SPRING BOOK PARKWAY.
THEY DID HAVE AN ENGINEER COME OUT AND DO, UH, A SOUND TEST WITH A METER, UM, AT THE PROPERTY LINE AT JENNIFER LANE.
THEY TURNED THE MACHINE ON HIGHEST LEVEL AND THERE WAS NO PERCEPTIBLE, UH, NOISE FROM THE EQUIPMENT AT THE JENNIFER LANE PROPERTY LINE.
IN FACT, A MOTORCYCLE WENT BY ON THE SPRAIN AND THE METER JUMPED UP TO 78 DECIBELS.
UM, SO THAT WAS LOUD AND THEY COULD HEAR THAT, BUT THE MACHINERY, THEY COULD NOT.
SO AT THAT PROPERTY LINE, THE DECIBEL READING WAS ABOUT 50 DECIBELS, AND THAT'S WHAT THEY CALL HOUSEHOLD OR CONVERSATIONAL LEVEL ACCEPTABLE LEVELS OF, UM, OF NOISE.
IN ADDITION, THEY ARE GOING TO INSTALL A NATURAL BARRIER SOUND BARRIER AROUND THE EQUIPMENT.
AND THAT NATURAL MEANING THAT NEATLY STACKED WOOD LOGS A FENCE AROUND THE EQUIPMENT.
AND THE ENGINEER INDICATED THAT BY PUTTING THAT SOUND DAMPENING AROUND THE EQUIPMENT AND NOT AT THE JENNIFER ROAD PROPERTY LINE, YOU'LL YOU'LL CONTAIN THE NOISE EVEN MORE AT THAT LOCATION.
SO THEY ANTICIPATE NO IMPACT FOR NOISE FOR THE NEIGHBORS.
THEY'VE ALSO AGREED, AS WE INDICATED EARLIER, TO RUN THE MACHINES DURING THE DAY EIGHT TO FOUR 30, MONDAY THROUGH FRIDAY, NINE TO THREE ON SATURDAYS.
AND THESE ARE TIME DURING TIMES DURING THE DAY WHEN THERE'S OTHER BACKGROUND OR AMBIENT NOISE TO DAMPEN OUT THE SOUND OF THE MACHINERY.
SO THEY REALLY ARE CONCERNED ABOUT THEIR NEIGHBORS.
THEY DO, AS MS. AVILA SAID, REALLY WANNA WORK, UH, WORK WORKOUT AWAY THAT THEY CAN CONTINUE THEIR BUSINESS AND SATISFY THEIR NEIGHBOR'S CONCERNS.
AND THE LAST THING I'LL NOTE IS OUR LAST SUBMISSION INDICATE INCLUDED SOME CASE LAW INDICATING, UM, THAT AN INCREASE IN VOLUME OF A NON-CONFORMING USE IS NOT NECESSARILY AN EXPANSION OF THAT NON-CONFORMING USE.
UH, YOU, YOU MAY RECALL THE CARLSON'S NURSERY APPLICATION THAT WAS BEFORE YOU LAST YEAR.
UH, THEY ALSO, UM, HAD ISSUES WITH COMPETITION FROM BIG BOX STORES, RIGHT? SO SAME THING WITH THE AVILAS HERE, THE, THE HORTICULTURE BUSINESS.
THEY JUST CAN'T COMPETE WITH THE BIG BOX STORES, UH, THAT CAN USE VOLUME TO REDUCE THEIR COSTS.
AND IT'S, IT'S THE SAME STORY WITH FAMILY OWNED BUSINESSES, UM, THAT THEY'RE HAVING ISSUES WITH.
AND THAT'S WHY THE WOOD OPERATIONS IS SO IMPORTANT TO THEIR BUSINESS TO KEEP IT SUSTAINED.
IN ADDITION TO THE HORTICULTURE BUSINESS, WHICH THEY ARE NOT ABANDONING, THEY ARE GOING TO CONTINUE THAT.
UM, THE OTHER APPLICATIONS FOR VARIANCES USE VARIANCES FOR NURSERIES ALSO INCLUDED THE ABILITY TO SELL PRODUCTS THAT ARE NOT NECESSARILY FARM PRODUCTS OR PRODUCTS THAT ARE GROWN ON THE PROPERTY.
UM, SUCH AS, UH, GARDENING TOOLS, VAES JUICES, OILS, VINEGARS, FIREWOOD, TOPSOIL, MULCH.
UM, SO HERE, EVEN THOUGH THEY DON'T GROW THE TREES THAT THEY CHOP DOWN AND, UM, THAT'S PART OF THEIR WOOD OPERATIONS, UH, IT'S, IT'S A SIMILAR TYPE OF SITUATION WHERE THEY'RE NOT GROWN ON THE PROPERTY, BUT THEY ARE SELLING THAT THOSE WOOD PRODUCTS.
SO WE'RE HAPPY TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE, AND ONCE AGAIN, I DO THANK YOU FOR YOUR TIME AND FOR YOUR ACCEPTANCE
[00:35:01]
OF OUR LATE SUBMISSIONS.UH, YOU, YOU, UH, SO THANK YOU VERY MUCH FOR YOUR PRESENTATION.
UM, WOULD YOU GUYS BE WILLING TO INVITE THE COMMUNITY IN AND SOME OF THE BOARD MEMBERS TO ACTUALLY GO THROUGH A SITE VISIT AND SHARE YOUR PLANS WHERE YOU PLAN TO MOVE THE APPOINTMENT? I KNOW A COUPLE OF MEMBERS OF THE BOARD, UH, DID A SITE VISIT RECENTLY.
UM, SOME OF US WEREN'T NOT ABLE TO ATTEND AT THE TIME, BUT I THINK WE KNOW WE HAVE ANOTHER MONTH NOW.
IT WOULD BE GREAT TO ACTUALLY BRING THE COMMUNITY IN, UM, AND THEN WE COULD ATTEND ALSO.
DO YOU NEED TO EXPLAIN WHY WE HAVE ANOTHER MONTH? NO, I THINK SHE DID ALREADY, DIDN'T SHE? IN THE BEGINNING YOU DID.
WELL, I SAID BECAUSE THEY DON'T HAVE, THEY DIDN'T MEET THE DEADLINE, SO THAT WAS ONE THING, BUT GO AHEAD.
WELL, I WASN'T SURE THAT THEY MADE THAT CONNECTION, THAT IN FACT, BECAUSE WE HAVE NOT HAD A CHANCE TO REVIEW THESE DOCUMENTS, WHICH IN FACT WE JUST RECEIVED WHEN WE WERE IN THE BACK ROOM, THAT WE CANNOT DECIDE THIS CASE THIS MONTH.
SO IT HAS TO BE ADJOURNED, UM, UNTIL AUGUST.
WE UNDERSTAND THAT, AND WE THANK YOU FOR YOUR CONSIDERATION AND WE'D BE HAPPY TO ORGANIZE.
ANY OTHER QUESTIONS? NO, I'LL JUST ASK HOW DO YOU KNOW APPROXIMATELY HOW MANY OF THE GREENHOUSES ARE BEING USED TO STORE, UM, WOOD VERSUS HOW MANY, UM, HAVE THE, UH, HORTICULTURE, SO APPROXIMATELY 13 GREENHOUSES ARE USED FOR THE HORTICULTURE OPERATIONS AND APPROXIMATELY 25 ARE USED FOR THE WOOD STORAGE.
BUT THEN THE WOOD IS 80% OF YOUR BUSINESS VOLUME OF AT LEAST FROM THE INFORMATION THAT WAS PROVIDED GOING BACK TO 2017.
UM, WHICH NORMALLY IS NOT A SUFFICIENT AMOUNT OF TIME FOR US TO BE ABLE TO, YOU KNOW, JUDGE HOW, UM, THAT AFFECTS THE VOLUME OF YOUR BUSINESS, BUT AT LEAST WE WERE ABLE TO SEE THAT IT'S, UH, LIKE AN 80 20 SPLIT BETWEEN THE HORTICULTURAL AND THE WOOD, UH, BUSINESS.
AND YOU WOULD ALSO SAY THAT THAT WOULD BE THE SAME GOING FORWARD.
I WOULD ANTICIPATE THAT THAT WOULD BE THE CASE, YES.
UM, ALSO THERE'S BEEN SOME MENTION ABOUT, UM, THE BUILDING INSPECTOR COMING AND QUALIFYING THIS AS A NON-CONFORMING, A PRE-EXISTING NON-CONFORMING USE.
AND I JUST, I DON'T KNOW IF THIS IS ADDRESSED TO YOU OR TO THE, TO THE BUILDING INSPECTOR, UM, HIMSELF, BUT I WOULD, I WOULD LIKE TO SEE IF THERE'S A RECORD OF THESE INSPECTIONS.
IF, IF THERE HAVE BEEN, UM, UH, INSPECTIONS OVER THE YEARS, THERE MAYBE IS A RECORD THAT THE TOWN HAS OF THESE INSPECTIONS OF, YOU KNOW, JUST SO WE CAN SEE SOME OF THE HISTORY, UM, AS FAR AS THAT IS CONCERNED.
WE CAN, UH, WE DO HAVE SOME RECORDS THAT WERE FROM THE BUILDING DEPARTMENT.
UM, AND MOST, I GUESS MOST RECENTLY OR BEFORE THIS WAS THE 2009 USE VARIANCE APPLICATION, MS. AVILA'S, UH, FATHER HAD SUBMITTED, BUT THAT APPLICATION WAS LIMITED TO RENTING OUT SPACE AT THE BACK OF THE PROPERTY FOR THE PARKING OF TRUCKS FOR THE TELEPHONE COMPANY, UM, AND OTHER COMMERCIAL USES, UM, WHICH WAS NOT PERMITTED, DIDN'T MAKE THE CLAIM.
IT WAS AN EXISTING NON-CONFORMING USE.
HE WITHDREW THAT APPLICATION AND DID NOT, DID NOT HAVE THE TRUCKS THERE AT ALL.
SO THAT, THAT WAS LIMITED TO THAT PARTICULAR, UM, PROPOSED OR INTENDED USE.
UM, AND AT THE TIME, THE BUILDING INSPECTOR HAD ISSUED A MEMO INDICATING THAT, UM, THAT WAS, THAT WAS REALLY THE ONLY USE, THAT WAS THE SUBJECT OF THE APPLICATION.
UM, AND THAT THE WOOD BURNERS WERE NOT THE SUBJECT OF ANY KIND OF VARIANCE APPLICATION.
UM, I WOULD ALSO SAY THAT ANOTHER ADVANTAGE OF, UH, ADJOURNING THIS FOR ANOTHER MONTH WOULD BE TO GIVE SOME OTHER, UH, BOARD MEMBERS THE OPPORTUNITY TO COME AND VISIT THE SITE.
UM, BECAUSE I, I WAS ABLE TO VISIT WITH, ALONG WITH, UH, CHRISTIE MM-HMM.
[00:40:01]
ABOUT OR TRYING TO DESCRIBE.UM, I ALSO NOTICED, AND I, I'M SORRY, UM, TONY MAY HAVE TO COME UP AND ANSWER THIS, BUT WE SAW LIKE WHAT SEEMED TO HAVE BEEN A BERM, UH, BUILT UP WITH A RAMP GOING UP TO IT, AND THEN THE WOOD PROCESSING MACHINE WAS ON THE OTHER SIDE.
LOUIS, WE CAN'T HEAR YOU AT ALL.
YOU NEED TO GET CLOSER TO YOUR MIC.
SEAN, I'M GONNA EMAIL YOU WITH SOME TROUBLESHOOTING ON YOUR END SO THAT YOU CAN TURN UP YOUR, UM, UH, ZOOM AUDIO ON YOUR RECEIVING END BECAUSE I'M ON ZOOM AND I CAN HEAR HIM JUST FINE.
I I CAN HEAR MANY OF THE OTHER PEOPLE INCLUDING CHRISTIE.
LEWIS, I WILL EMAIL YOU SHAUNA, WITH SOME TROUBLESHOOTING TIPS.
IS THAT BETTER NOW, SHAUNA? YES, MUCH.
UM, SO IT SEEMED AS IF YOU WERE INTENDING TO, UM, CREATE A NATURAL, UH, SOIL BURN SO THAT THERE'S A ELEVATION DROP SO THAT THE MACHINERY FOR PROCESSING THE WOOD WOULD BE BELOW THAT ELEVATION, AGAIN, CREATING A NATURAL ACOUSTICAL BARRIER.
ARE YOU STILL INTENDING TO DO THAT? BECAUSE YOU MENTIONED JUST RECENTLY, UH, NATURAL WOOD PILES, WHEREAS THE, UM, THE, THE SOIL BURN WOULD BE MUCH MORE NATURAL.
I MEAN, IT IT SOIL OR WOOD? OR WOOD? YOU HAVE TO GET ON THE MIC, SIR.
HELLO? I'M TELLING ME A VILLA MIGHT HAVE DONE A LITTLE PRACTICE ON THE MICROPHONE.
UM, WELL, WE HEAR YOU, SO THAT'S GOOD.
UM, SO YES, THE, UH, THE RAMP, UH, IS MADE OF, UH, IT'S A SOIL.
IT'S, UM, THE, UM, ENGINEER CAME UP WITH THE IDEA OF BARRICADING, AM I SAYING IT RIGHT? BARRIC, CADDING, UM, THE, UM, THE MACHINES.
SO IT, IT WILL IMPACT THE SOUND RIGHT THERE RATHER THAN HAVING THE, UH, BARRICADE FARTHER FROM THE MACHINE, WHICH WILL MAKE IT LESS EFFICIENT.
DOES THAT MAKE ANY SENSE? YES, IT DOES.
SO IF, UM, HE, HE ACTUALLY SUGGESTS THAT LOGS SEEMS AS LOGS.
WELL, WE, WE TYPICALLY USE NEXT TO THE MACHINE, BUT SOIL, UM, LIKE IT MIGHT MAKE SENSE TOO BECAUSE IS MORE COMPACTED.
I WOULD, I WOULD, I I'M GUESSING THIS IS WHERE, WHERE YOU, I, YOU, YOU THOUGHT OF, UM, CAME FROM LOOKING AT THE, UH, THE RAMP.
UM, I WILL THINK THAT WILL BE A GOOD IDEA AS WELL.
I, ANY OTHER QUESTIONS FROM THE BOARD AT THE MOMENT? NO.
DO YOU HAVE ANYONE IN THE AUDIENCE? YES.
JUST GET, LET ME GET EX ORGANIZED HERE.
UH, GOOD EVENING, MADAM CHAIR, MEMBERS OF THE ZONING BOARD.
UH, AGAIN, I'M CAROL WILKE, PRESIDENT OF THE S QL HOME CIVIC ASSOCIATION.
IT WAS VERY PLEASANT LISTENING TO THIS STORY OF THE ROOTS AND EVERYTHING AND IT'S VERY, UH, SYMPATHETIC AND UH, IT'S NICE TO KNOW MORE ABOUT OUR NEIGHBORS, BUT LET'S UNDERSTAND WHAT THE APPLICANT APPLICANT IS REQUESTING.
THEY ARE ASKING YOU TO OVERTURN THE BUILDING INSPECTOR'S INTERPRETATION OF THE TOWN'S ZONING ORDINANCE, WHICH DETERMINED THAT COMMERCIAL PROCESSING OF WOOD PRODUCTS NOT GROWN OR HARVESTED ON SITE IS NOT FARMING OR AGRICULTURAL AND THEREFORE NOT PERMITTED ON THE SITE.
AND THAT THE DEFINITION OF FARM ONLY
[00:45:01]
REFERENCED HORTICULTURAL TYPE USES AND DID NOT INCLUDE THE PROCESSING OF WOOD PRODUCTS GROWN OFF SITE.AND I REFER YOU OF COURSE, TO THE TWO MEMORANDA THAT THE BUILDING INSPECTOR SHARED WITH YOU, UH, JULY, THAT YOU WANT SECOND AND JULY 7TH.
IN FACT, THE BUILDING, AM I TALKING TOO LOUD HERE? NO.
IN FACT, THE BUILDING INSPECTED DETERMINATIONS ARE BUTTRESSED BY NEW YORK STATE LAW.
I WAS WONDERING WHY I CAN'T READ THIS.
UM, UM, NEW YORK STATE LAW SECTION 11 0 1 19 FARMING, WHICH STATES THAT SUCH ACTIVITY ENCOMPASSES ONLY WOODLAND PRODUCTS, WHICH ARE RAISED, GROWN AND HARVESTED ON SITE.
THUS, THE BUILDING INSPECTOR IS APPLYING STATE LAW ACCORDINGLY.
IF THE Z B A ACCEPTS THIS APPLICATION'S, UH, POSITION, THE C B A IS PUTTING ITSELF IN CONFLICT WITH NEW YORK STATE LAW AND ASSUMING YOU AGREE WITH THE BUILDING INSPECTOR AND HIS ADHERENCE TO NEW YORK STATE LAW AND REGULATIONS, THE APPLICANT IS ASKING YOU FOR A USE VARIANCE, WHICH AGAIN, IS GOVERNED BY NEW YORK STATE LAW AND REGULATIONS.
USE VARIANCES ARE STRUCTURED IN NEW YORK STATE LAW TO BE DIFFICULT TO OBTAIN BECAUSE THEIR VERY NATURE ALLOWS THEM TO OVERCOME TOWN ORDINANCE AND LOCAL ZONING PROHIBITING SUCH LAND USE.
THEREFORE, I ASKED THIS BOARD TO FOCUS ON THESE REQUIRED TESTS AS YOU CONSIDER THIS APPLICATION.
THIS IS A VERY DIFFERENT APPLICATION IN THE
ITS, UM, ITS POSITION WITHOUT DEBATING THE MERITS OF THE USE VARIANCE.
YOU, YOU GRANTED ON CASE 2204, THAT PROPERTY FACED NO SIGNIFICANT COMMUNITY OPPOSITION TO MY KNOWLEDGE.
ARE YOU GETTING FEEDBACK? UH, YEAH, GET A LITTLE BIT.
NOT THAT FAR BACK, BUT
UM, I CAN STAND UP STRAIGHT TO THEM.
CAN YOU, YOU CAN HEAR THEM ALL RIGHT.
UM, YOUR CASE 2204, THAT PROPERTY FACED NO SIGNIFICANT C COMMUNITY OPPOSITION TO MY KNOWLEDGE, IT WAS NOT POLLUTING THE NEIGHBORHOOD WITH ITS, UH, OUTDOOR WOOD BOILERS.
IT DID NOT HAVE A LONG HISTORY OF VARIOUS ILLEGAL ACTIVITIES FROM BEING A CAR STORAGE SITE, PARKING SITE, ET CETERA.
IT WAS NOT CONTEMPLATING USING DIRTY OUTDOOR WOOD BOILERS, ALTHOUGH NOW WE HAVE SEEM TO HAVE SOME AGREEMENT THAT THEY'RE NOT GOING TO USE THEM, BUT WE'VE HAD THOSE AGREEMENTS BEFORE, BUT WE'LL ACCEPT WHAT THEY SAY AS, UM, A GOOD INTENTION AND IT ONLY THE CALL OF NURSING ONLY WANTED TO BRING IN SOME FOOD PRODUCTS SUCH AS BAKED GOODS, BAD OFFSITE, HONEY JAM, ET CETERA, AND SOME BULK ITEMS SUCH AS SOIL THAT, UM, WAS ALREADY PROCESSED AND THEY WEREN'T GOING TO BAKE DONUTS ON IT, SUPREMIST.
IN OTHER WORDS, IT WAS LIKELY GOING TO BENEFIT, BE A BENEFIT TO THE COMMUNITY AS A QUOTE.
AND I THINK THIS WAS QUOTED IN THE Z B A, UM, UM, UM, STATEMENT.
IT WAS A COMMON AMENITY IN A MODERN DAY, UH, IN MODERN DAY NURSERIES.
NOT A NOISY ONGOING CONSTRUCTION SITE, HEATED BY DIRTY APPLIANCES AND HAVING THREE OR FOUR DELIVERIES A DAY OF THREE LOGS AND OTHER DEBRIS BEING DUMPED ON ITS PREMISES FOR GRINDING AND SHIPPING, ET CETERA.
AND IF YOU ALLOW THIS USE VARIANCE, THERE'S NO REASON WHY THEY SHOULDN'T INCREASE THEIR BUSINESS AS MUCH AS POSSIBLE AND TURN C O ROAD ITSELF INTO A COMMERCIAL CORRIDOR.
IT'S MAINLY RESIDENTIAL AT THIS POINT.
IT WAS ALSO NOT SITTING IN THE HEART OF A RESIDENTIAL COMMUNITY.
AND AS THE C B A STATED, THE FARM RELATED FOOD WAS AS AN ACCESSORY USE TO AN EXISTING NURSERY.
HARSDALE GREENHOUSES IS NOT AN EXISTING NURSERY.
NO ONE BUT HARSDALE GREENHOUSES, INCLUDING THE BUILDING INSPECTOR, THE TAX ASSESSOR.
THE COMMUNITY BELIEVED THAT WOOD PRODUCTS ARE A COMMON
[00:50:01]
AMENITY OR THAT 450 RAL ROAD IS ANYTHING BUT A MANUFACTURING ENTITY PROCESSING WOOD PRODUCTS FROM OFFSITE DEBRIS.EVEN THE HOT STEEL GREENHOUSE REVENUE FIGURES DEMONSTRATE THE 85%, 15% BREAKOUT IN FAVOR OF WOOD, AS DOES THEIR WEBSITE, WHICH DOES NOT EVEN MENTION ANYTHING HORTICULTURAL.
AND THE CALL SOME PROPERTY DID NOT ENTAIL, AGAIN, TO MY KNOWLEDGE, THAT THE Z B A WOULD PUT ITSELF IN CONFLICT WITH NEW YORK STATE LAW.
IT IS DIFFICULT TO KNOW WHERE TO BEGIN IN COMMENTING ON THE APPLICANT'S SUBMISSIONS TO THE C B A.
THE JULY 6TH SUBMISSION STATED, THE WOOD IS NOT SEASONED.
NOW, THREE DAYS BEFORE THIS MEETING ON JULY 17TH, THE WOOD IS SEASONED AND THE COUNCIL EXPLAINED HER POSITION THAT, OF COURSE IS TO BRING THEM INTO COMPLIANCE WITH THEIR OWN BUSINESS WEBSITE, WHICH CLEARLY STATES THAT THE WOOD THEY SELL IS SEASONED WOOD, AS WAS POINTED OUT IN THE BUILDING INSPECTIONS.
UH, JULY 7TH MEMO TO THE C B A JUST YESTERDAY, WE RECEIVED YET ANOTHER APPLICATION SUBMISSION PURPORTING TO SOLVE THE NOISE PROBLEM, WHICH SUGGESTED AT THE END THAT THE NOISE EMANATED IN PART FROM SPRINGBROOK HIGHWAY.
HOW THEN ARE WE TO BELIEVE ANYTHING THEY SAY FOR PROMISE AND THE WARM HISTORY OF THE A VILLAS DEEP ROOTS IN THE COMMUNITY, WHICH WAS VERY NICE TO HEAR IS BELIED BY THE POOR TREATMENT AND DISREGARD.
THE YOUNGEST HAVE SHOWN THE NEIGHBORHOOD OVER THE YEARS, AND I POINT OUT THAT THE REST OF OUR COMMUNITY AND ITS INDIVIDUAL FAMILIES HAVE ALSO HAVE VERY DEEP ROOTS IN THE COMMUNITY, AND THEY HAVE BROUGHT UP CHILDREN AND GRANDCHILDREN OVER THESE MANY YEARS.
I HAVE LIVED IN THE COMMUNITY FOR 40 YEARS AND I DO OBJECT TO THE SUGGESTION THAT SOMEHOW MY HOME ON JEAN LANE IS NOT AFFECTED.
I HAVE HAD SMOKE COME INTO MY HOUSE WITH ALL THE WINDOWS CLOSED.
YET IN TERMS OF OUR COMMUNITY, EACH OF OUR FAMILIES MUST, MUST ABIDE BY THE LAW, OBTAINING BUILDING PERMITS FOR EXPANSION OF HOMES AND OTHERWISE CONTRIBUTE TO A SAFE AND SECURE COMMUNITY.
YOU DON'T MIND MY TRUSTEE WATER? THIS HAS NOT BEEN THE CASE WITH THE HARTSDALE GREENHOUSES, EXCUSE ME.
MOST OF WHAT HAS EXISTED ON THAT PROPERTY OVER THE YEARS HAS NOT BEEN LEGAL AND PERMITS ET ET HAVE NOT BEEN OBTAINED FOR MOST GREENHOUSES NOW ON SITE OR CERTAINLY FOR A WOOD PROCESSING OPERATION.
NOW, SUBJECT TO BOTH BUILDING AND D E C, UH, VIOLATIONS OVERALL APPLICANT'S SEVEN SIX, UH, SUBMISSION AND IT'S JULY 17TH, RESPONSE TO THE C B A ARE STATEMENTS OF DISTRACTION, DIVERSION AND DISTORTION.
IN THE INTEREST OF TIME, I'M ONLY GOING TO RE, UM, CORRECT A FEW OF THEM IN TERMS FOR THE RECORD.
THE TOWN BUILDINGS IN INSPECTOR IN HIS JULY 7TH, UH, CORRESPONDENCE TO THE Z B A HIGHLIGHTS THE APPLICANT'S METHOD OF DIVERSION.
WHEN HE POINTS OUT THAT THE APPLICANT'S RELIANCE ON AN OLD AND OUTDATED POLICY PERMITTING OUTDOOR WOOD BOILERS IN WESTCHESTER COUNTY WAS AND IS SUPERSEDED BY PART 2 2 47 0.3, UH, D E C REGULATIONS, WHICH WERE INCORPORATED INTO SECTION 2 85 DASH 36 M ONE OF THE GREENBERG TOWN CODE.
IT REMAINS THEN THAT THE OUTDOOR WOOD BOILERS ARE NOT LEGALLY PERMITTED.
OTHER APPLICANT RESPONSES CONTAINED IN THEIR SEVEN, SIX AND SEVEN 17 COMMUNICATIONS ARE OUTRIGHT STATEMENTS OF NONE FACT, WHICH TAKE ISSUE WITH HIS JANUARY 27TH, THE BUILDING INSPECTOR'S JANUARY 24TH, REMARKS TO THE TOWN BOARD WORK SESSION.
UM, THEY'RE DENYING WHAT HE ACTUALLY DELIVERED TO THE TOWN BOARD
[00:55:01]
AS THE AUTHORIZED BUILDING INSPECTOR OF THIS TOWN.THEY'RE BASICALLY SAYING THE BUILDING INSPECTOR IS A LIAR.
THEY'RE SAYING THE MO PILES WERE NOT ON FIRE.
THE FIRE DEPARTMENT WAS NOT NEEDED TO EXTINGUISH ANY FIRE.
YET THERE ARE NO EXHIBITS WHICH ARE SUPPLIED TO REBUT THE BUILDING INSPECTOR'S STATEMENT TO THE TOWN BOARD OTHER THAN SOME GENERIC FOIL RESPONSE SAYING NO INCIDENTS WERE REPORTED AT THE SITE.
WHAT'S PARTICULARLY AMUSING IS EXHIBIT A FROM THE SOLID WASTE COMMISSION STATING THAT NO REPORTS OR VIOLATIONS WERE REPORTED AT FOUR 50 CCO ROAD.
MIND YOU, TO MY KNOWLEDGE, THE BUILDING INSPECTOR NEVER ATTESTED TO THAT, NOR DID THE COMMUNITY.
SO IT'S JUST A DIVERSIONARY TACTIC.
NO ONE SUGGESTED, UH, THAT, UM, THE SOLID WASTE COMMITTEE, UH, COMMISSION ISSUED A VIOLATION.
WE ARE DEALING HERE NOW WITH TWO VIOLATIONS THAT ISSUED BEFORE THE Z B A ONE A STOP WORK ORDER ISSUED BY THE BUILDING INSPECTOR ON DECEMBER 23, 22, FOLLOWED BY A NOTICE OF VIOLATION ON FEBRUARY 3, 23 AND TWO, THE WORDING OF THE, UH, JANUARY 21ST, 2023 D E C VIOLATION TO CLARIFY THE D E C UH, SUMMONS VIOLATION STATES QUOTE, FAILURE TO OBTAIN REGISTRATION FOR A MULCH PROCESSING FACILITY.
THIS IS IN VIOLATION OF NEW YORK CODE OF RULES AND REGULATIONS SECTION 360 1, 4 0.3.
I ALSO NOTE THAT THE BUILDING INSPECTOR REFERS TO CURRENT USE OF THE PROPERTY AS A WOOD TRANSFER SLASH PROCESSING BUSINESS.
SO IT'S A MATTER OF WHO YOU DECIDE TO BELIEVE.
HOWEVER, CONSIDERING THAT BOTH NEW YORK STATE AND THE TOWN CODE BOTH LIMIT GREENHOUSES TO QUOTE HORTICULTURAL TYPE USES UNQUOTE, WHICH DO NOT INCLUDE WOOD PRODUCTS, IT IS UNLIKELY THAT HOSTEL GREENHOUSES WOULD EVER OBTAIN A D E C REGISTRATION FOR A MULCH PROCESSING FACILITY.
AND SUCH RES REGISTRATION WOULD ALSO BE PROHIBITED UNDER NEW YORK STATE TAX LAW SECTION 11 0 1 19, WHICH LIMIT WOODLAND PRODUCTS TO THOSE WHICH ARE RAISED, GROWN AND HARVESTED, NONE OF WHICH ARE PERFORMED AT FOUR 50 CCO ROAD.
THE PAUCITY OF THE APPLICANT'S 7 6 23 AND NOW SEVEN 17 SUBMISSION IS FURTHER DEMONSTRATED BY THE BOWL OF FACE STATEMENT ON PAGE TWO THAT QUOTE, THE BUILDING DEPARTMENT OF THE PAST DID NOT, DID CONDUCT UNANNOUNCED INSPECTION AND VISITS.
NO EXHIBIT IS INCLUDED IN EITHER SUBMISSION TO CITE EVIDENCE OF SUCH VISITS OR TO UNDERMINE THE STATEMENTS IN THE BUILDING.
INSPECTOR'S REPORT TO THE JANUARY 24TH TOWN BOARD WORK SESSION, AND I'M GLAD TO SEE THAT ONE OF YOUR MEMBERS HAS ASKED FOR MORE INFORMATION ON THAT ISSUE.
THE APPLICANTS ARE DESPERATE THOUGH TO DEMONSTRATE THAT THEY REMAIN AN AGRICULTURAL BUSINESS.
ONE CAN SEE WHY THEY HAVE BEEN BENEFITING FOR YEARS BY AN AGRICULTURAL TAX ASSESSMENT, WHICH KEEPS THEIR TAXES LOW, WHICH MEANS THAT THE HOME ZONE, UH, HOME ZONE FOR SINGLE FAMILY HOUSING ARE BEARING THE BRUNT OF SUCH EXEMPTION.
I UNDERSTAND NOW, UH, THAT THE TAX ASSESSOR HAS NOW REMOVED SUCH FAVORABLE TAX EXEMPTION, HOWEVER, CONSTANTLY REPEATING UNTRUTH DOES NOT MAKE IT TRUE.
THERE IS DIRECT EVIDENCE OF A LACK OF AGRICULTURAL BUSINESS AT FOUR 50 CCO ROAD.
COMMUNITY RESIDENTS HAVE ATTESTED TO IT.
I MYSELF HAVE SEEN WOOD STACKED IN THE GREENHOUSES AND NOT PLANTS, AND THE BUILDING INSPECTOR IN HIS JUNE 2ND MEMORANDUM HAS ATTESTED TO 38 GREEN GREENHOUSES BEING USED TO STORE WOOD AND THE APPLICANT HERSELF ON HER OWN WEBSITE ADVERTISES ONLY WOOD PRODUCTS FOR SALE.
IN FACT, IN THE NOW PERHAPS INFAMOUS PETITION VISIT, UH, BOTH THE VILLAS PAID TO MY, UM, HOME, MRS. A VILLA STATED THAT THEY DO NOT DO RETAIL ANYMORE.
IN FACT, IN THEIR LATEST SUBMISSIONS TO THE C B A, IF INDEED THE C B A GRANTS A USE VARIANCE FOR THIS PROPERTY,
[01:00:01]
YOU'LL BE HANDING THE COMMUNITY THE WORST OF ALL WORLDS, LETTING THEM CONTINUE TO POLLUTE OUR PROPERTY.ALTHOUGH THEY SAY THEY'RE GOING TO USE SOME OTHER HEATING DEVICE.
UM, AND ESTABLISHING A WOOD PROCESSING MANUFACTURING BUSINESS WHICH CONVERTS A SINGLE FAMILY ZONING INTO A COMMERCIAL SITE RIGHT IN THE HEART OF OUR COMMUNITY, WE ARE NOT ASKING FOR MITIGATION EFFORTS.
THE APPLICATION BEFORE THE Z B A IS NOT ONE FOR MITIGATION OR ONE IN WHICH YOU CAN QUOTE, MODIFY THE NEIGHBORS.
YOU ARE BEING ASKED TO GRANT A USE VARIANCE, ONE OF WHICH IS GOVERNED BY MANDATED TESTS FOR OF THEM, WHICH THIS APPLICATION DOES NOT MEET.
AND I IMPLORE THE BOARD TO UNDERSTAND THAT AND TO ADDRESS EACH OF THE TESTS DIRECTLY.
ONLY THEN CAN THE BOARD UNDERSTAND THAT BY GRANTING A USE VARIANCE, YOU ARE PUTTING THE C P A IN CONFLICT WITH NEW YORK STATE LAW AND REGULATIONS.
THE REST OF MY COMMENTS WILL ADDRESS THE FOUR TESTS.
AM I GOING ON TOO LONG, MS. CHRIST
I DON'T THINK I'VE, I SAW FOUR.
I DON'T THINK I'VE EXCEEDED WHAT THE NO, NO.
ACCORDING TO THE NEW YORK STATE DEPARTMENT OF STATE, DIVISION OF LOCAL, I'M ALMOST DONE, UH, ACCORDING TO NEW YORK STATE DEPARTMENT OF STATE DIVISION OF LOCAL GOVERNMENT ZONING OF APPEALS, I REALIZE MY PRESENTATION, EXCUSE ME, I REALIZED BY MY PRESENTATION YES, PLEASE CON IT IS NOT AS SYMPATHETIC AS SOME OF THE OTHERS, BUT I I'M JUST TRYING TO, YOU KNOW, BUT JUST PLEASE CONTINUE.
A USE VARIANCE ACCORDING TO THE NEW YORK STATE, UH, SHALL NOT BE GRANTED BY A BOARD OF APPEALS WITHOUT A SHOWING BY THE APPLICANT THAT APPLICABLE ZONING REGULATIONS AND RESTRICTIONS HAVE CAUSED UNNECESSARY HARDSHIP.
THE D O H OR THE D D O S WAS DEPARTMENT OF STATE CAUTIONS THAT THE USE VARIANCE GRANTS PERMISSION TO DO WHAT REGULATIONS PROHIBIT.
THUS, THE POWER OF THE BOARD MUST BE EXERCISED VERY CAREFULLY AND TO AVOID, IN ORDER TO AVOID SERIOUS CONFLICT WITH THE ZONING FOR THE COMMUNITY.
THE TEST TO OVERRIDE LOCAL ZONING AND ENTITLEMENT TO A USE VARIANCE IS THEREFORE INTENDED TO BE A DIFFICULT ONE.
ACCORDINGLY, THE APPLICATION SHOULD DEMONSTRATE TO THE BOARD THAT FOR EACH AND EVERY PERMITTED USE UNDER THE ZONING REGULATIONS, ONE, THE APPLICANT CANNOT REALIZE A REASONABLE RETURN PROVIDED BY THE LACK OF RETURN, PROVIDED THAT THE LACK OF RETURN IS SUBSTANTIAL AS DEMONSTRATED BY COMPETENT FINANCIAL EVIDENCE.
SECO HOLMES MAINTAINS THAT EXHIBIT ONE IN THEIR SEVEN SIX, UM, SUBMISSION AND EXHIBIT D IN THEIR APRIL 27 SUBMISSION, WHICH LISTS PERCENTAGES OF SALES FROM WOOD PLANTS AND, AND 2022 REVENUE FROM WOODEN PLANTS TOGETHER WITH A COLUMN OF EXPENSES ARE NOT COMPETENT FINANCIAL EVIDENCE.
SUCH EVIDENCE SHOULD BE PROVIDED BY ORDERED FINANCIAL ANALYSIS, WHICH ORDERS AND REPORTS ON THE RECORDS AND BOOKS OF THE ORGANIZATION OR ENTITY OR GREEN HARSDALE GREENHOUSES SHOULD PROVIDE THE Z B A WITH THE RELEVANT AND THE NUMBER OF YEARS OF ITS FEDERAL SLASH STATE TAX RETURNS.
SECONDLY, THE THERE ARE FIGURES FOR EACH AND EVERY PERMITTED JUICE, BUT WHERE ARE THEY? THEY'RE NOT HERE.
UH, YOU COULD USE A CREATIVE BUSINESS BUSINESS TECHNIQUE TO RETURN THE LAND TO AGRICULTURAL USE, WHICH COULD YIELD A REASONABLE RETURN OR FOR THAT MATTER, SELL THE LAND OR DEVELOP THE LAND AS SINGLE FAMILY HOUSING AS PER THE STATE.
THE MERE FACT THAT THE PROPERTY OWNER MAY SUFFER A REDUCTION IN THE VALUE OF PROPERTY OR THE FACT THAT ANOTHER PERMITTED USE MAY ALLOW THE SALE OF THE PROPERTY FOR A BETTER PRICE DOES NOT JUSTIFY THE GRANTING OF A VARIANCE ON THE GROUNDS OF UNNECESSARY HARDSHIP.
AND THE APPLICANT MUST SHOW A DOLLARS AND CENTS PROOF AND AN INABILITY TO REALIZE A REASONABLE RETURN UNDER EXISTING PERMISSIBLE USES.
FINALLY, A NONCONFORMING USE IN THIS CASE HAS A HIGHER BURDEN UNDER THE REASONABLE RETURN REQUIREMENT.
AN APPLICANT WHO MAINTAINS A NONCONFORMING USE MIGHT NOT ONLY SHOW THAT ALL PERMITTED USES WILL BE UNPROFITABLE, BUT ALSO THAT THE NON-CONFORMING USE ITSELF CANNOT YIELD A REASONABLE RETURN.
UNIQUE CIRCUMSTANCES THE APPLICANT APPEARS DETERMINED TO MAINTAIN
[01:05:01]
IN THE FACE OF ALL EVIDENCE TO THE CONTRARY THAT THEY HAVE RUN A WOOD PROCESSING MULCH OPERATION FOR 68 YEARS.DESPITE TESTIMONY FROM RESIDENTS, INCLUDING MYSELF THAT MANY YEARS AGO THERE WAS NO EVIDENCE OF WOOD PROCESSING ON SITE AT FOUR 50 SEC ROAD.
AND EVEN ONE OF YOUR MEMBERS WHO HAS A HISTORY WITH OUR COMMUNITY DOES NOT RECALL ANYTHING, UH, UH, BUT PLANTS YET THE APPLICANT MAINTAINS OTHERWISE.
HOWEVER, THE RECORDS AND FACTS UNDERLIE THE EVIDENCE.
PLANNING, ZONING, AND BUILDING DEPARTMENT RECORDS SHOWN NO RECORDS OF PAST USE OF THE PROPERTY FOR WOOD TRANSFER PROCESSING BUSINESS.
THERE ARE PICTURES OF THE SITE BY THE BUILDING INSPECTOR, WHICH HE HAS ATTACHED TO HIS JUNE 2ND SUBMISSION.
DO NOT SUPPORT SUCH A BUSINESS.
IT'S A BASICALLY VACANT LAND AT THAT POINT.
ONE COULD SENSIBLY ASK HOW YOU COULD SET UP SUCH A BUSINESS IN 1955 WHEN YOU JUST BOUGHT THE BUSINESS, UH, BOUGHT THE, THE PROPERTY, AND THEREFORE THERE WAS ABSOLUTELY NO EVIDENCE OF ANY SUCH BUSINESS IN EXISTENCE.
AGAIN, DESPITE APPLICANT'S STATEMENTS TO THE CONTRARY, THE HOMES AND JEAN, JENNIFER AND BARBARA LANES WERE BUILT PRIOR TO 1955 WHEN THEY ACQUIRED THE PROPERTY.
EVEN A CURSORY LOOK AT THE G I S SYSTEM WILL DEMONSTRATE THAT OUR NEIGHBORHOOD WAS DEVELOPED IN 1953 AND 1954.
I REVIEW 16 PROPERTY CARDS MYSELF, AND THIS INCLUDES 11 JENNIFER LANE, WHICH WAS BUILT IN 1954 AND IS OWNED BY THE Y VILLAS.
I NOTE THAT THIS PROPERTY WAS REFERENCED IN BOTH THE, BOTH TWO OF THEIR SUBMISSIONS AS AS A PETITION SIGNATORY IN LETTERS OF SUPPORT.
APPARENTLY THEY HAD THEIR RENT TO SIGN THEIR PETITION TO DEMONSTRATE THE ALLEGED SUPPORT IN THE COMMUNITY FOR THEIR BUSINESS.
THE DEPARTMENT OF STATES STATES THAT THERE MUST BE AT LEAST PROOF THAT A PARTICULAR PROPERTY SUFFERS A SINGULAR DISADVANTAGE THROUGH THE OPERATION OF A ZONING REGULATION BEFORE A VARIANCE THEREFORE CAN BE ALLOWED ON THE GROUND OF UNNECESSARY HARDSHIP.
FURTHER, IT IS NOT THE UNIQUENESS OF THE PLIGHT OF THE OWNER, BUT UNIQUENESS OF THE LAND CAUSING THE P, WHICH IS THE CRITERION THEY GIVE A IN, IN THE, UM, IN THE REGULATIONS.
THEY GIVE A A A AN EXAMPLE, UH, WHERE A SYNAGOGUE WHICH HAD BURNED DOWN, UH, DIDN'T WANNA REBUILD BECAUSE IT WASN'T, UH, FINANCIALLY, UH, PR IMPRACTICAL WAS FINANCIALLY IMPRACTICAL.
IN THIS CASE IS OUR CASE HERE.
IT'S NOT THE LAND CAUSING THE PLAY, BUT THE PLIGHT OF THE OWNER WANTING A BETTER YIELD OUT OF THE PROPERTY.
IT IT FAILS THE TEST SELF-CREATED HARDSHIP.
THE APPLICANT, AGAIN, RELIES ON THE 68 YEAR OLD HISTORY THAT THE BUSINESS HAS ALWAYS BEEN IN WOOD PROCESSING.
HOT STEEL GREENHOUSES WAS UNTIL FAIRLY RECENTLY OPERATING AS WESTCHESTER GREENHOUSES WITH ITS MAIN UNIT OFF OF WEST HARSDALE ROAD.
WHEN THE PATRIARCH DIED IN 2010, THE SIBLINGS BY THEIR OWN DECISION SPLIT THE BUSINESS IN TWO.
MR. MR. VILLA IN AN APPARENT AGREEMENT ALLOWED WESTCHESTER GREENHOUSE TO BE THE HORTICULTURAL SITE, AND SHE BEGAN AT ONE POINT HER WOOD PROCESSING OPERATION.
THAT IS A SELF-CREATED HARDSHIP AS THE D O SS, UH, AS THE DEPARTMENT OF STATE POINTS OUT, THE COURT SHOULD NOT BE IN THE POSITION OF HAVING TO GUARANTEE THE INVESTMENTS OF CARELESS LAND BUYERS, OR IN THIS CASE, CARELESS BUSINESS DECISIONS.
ADDITIONALLY, THE BUILDING INSPECTOR, UH, WHICH I POINTED OUT LAST TIME SO I WON'T GO THROUGH IT AGAIN, BUT AT IN A, IN A MEETING WITH, UM, MS. A VILLA AND HER THEN LAWYER, UM, SHE AND HER HUSBAND INDICATED, UH, THAT THEY WERE GIVING UP THEIR SELLING OF PLANTS BECAUSE IT WAS NOT PROFITABLE AND THEY WERE GOING TO MOVE FROM THE AGRICULTURAL USE TO IMPORTING TREE LOGS HARVESTED OFFSITE FOR PURPOSES OF ONSITE PROCESSING.
ACCORDINGLY, FOR THIS AND OTHER REASONS, THE HARDSHIP SELF-CREATED IS NOT MET.
FINALLY, ESSENTIAL CHARACTER OF THE NEIGHBORHOOD.
THERE WAS SOME DISCUSSION OF THE SIX 15 C B A MEETING REGARDING OUTDOOR WOOD BOILERS NOT BEING THE MAIN ISSUE AND NOT BEFORE THE BOARD.
WE AGREED THAT WHAT IS BEFORE THE BOARD ARE THE FOUR, UH, DEPARTMENT OF STATE TESTS TO BE APPLIED TO THIS APPLICATION.
OUTDOOR WOOD BOILERS COME INTO CONSIDERATION WHEN YOU UNDERTAKE THE TEST OF AES, ESSENTIAL CHARACTER OF THE NEIGHBORHOOD AND THE BUILDING INSPECTOR'S DETERMINATION THAT A USE VARIANCE IS REQUIRED
[01:10:01]
WHEN THEY EMIT OF OFFENSIVE SMOKE THAT INTERFERES WITH NEIGHBORING PROPERTIES.I BELIEVE THERE IS LITTLE DISPUTE THAT THESE AWFUL DEVICES HAVE HARMED OUR NEIGHBORHOOD AND SHOULD BE REGULATED AND CONTROLLED.
AND EVEN THOUGH THE APPLICANTS HAVE HASTILY PUT FORTH MEDIATION RE REMEDIES, UM, THEY'RE LOOKING TO USE THAT IN ORDER TO OBTAIN APPROVAL FOR THEIR ILLEGAL OPERATIONS.
THE C B A CANNOT RULE AGAINST THE BUILDING INSPECTOR INTERPRETATION THAT WOOD PRODUCTS PROCESSING IS NOT HORTICULTURAL IN NATURE WITHOUT OPENING THE TOWN STONING OR ORDINANCE TO RAMPANT ABUSE AND UNDERMINING THE TOWN'S OWN COMPREHENSIVE PLAN, WHICH SOUGHT TO ACHIEVE A REASONABLE BALANCE IN RESIDENTIAL SLASH COMMUNAL COMMERCIAL LAND USE.
SINGLE FAMILY HOUSING IS THE BULL WALK OF THE TOWN'S REVENUE STREAM INVADING SUCH IN VIOLET SPACE WITH THE EXPANSION AND CONVERSION OF NON-CONFORMING SINGLE FAMILY ZONING INTO COMMERCIAL AND MANUFACTURING LAND IS MORE THAN A SLIPPERY SLOPE.
IT UNDERMINES THE TRUST BETWEEN THE PEOPLE AND THEIR GOVERNANCE.
ALSO, THIS CASE, C B A 2314 IS UNLIKE OTHER USE CASES YOU MAY HAVE THAT MAY HAVE COME BEFORE YOU HERE.
THE C B A IS CONSTRAINED BY NEW YORK STATE LEGISLATIVE AND REGULATORY AU AUTHORITIES.
IT IS NOT WITHIN THE C B A POWER TO ALLOW DALE GREENHOUSES TO BECOME A WOOD PROCESSING STATION.
THAT DESIGNATION IS GOVERNED BY THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND ITS GROWING HARVESTING LIMITS AND OTHER STATE BUILDING AND FIRE LAWS, WHICH HAVE DETERMINED THAT SUCH GREENHOUSES ARE USED FOR THE ESSENTIAL AND ESSENTIAL TO THE CULTIVATION, PROTECTION OR MAINTENANCE OF PLANTS, NOT WOOD PRODUCTS.
THE STATE ALSO STATES THAT THE RULES LAID DOWN IN THE STATUTES AND IN THE APP, APPLICABLE CASES ARE REQUIREMENTS.
THEY MUST BE USED BY ZONING BOARDS OF APPEALS IN REVIEWING APPLICATIONS FOR USE VARIANCES.
FURTHERMORE, THE BOARD MUST FIND THAT EACH OF THE ELEMENTS OF THE TESTS HAVE BEEN MET BY THE APPLICANT AND THE COURT OF APPEALS HAS STATED, QUOTE, NO ADMINISTRATIVE BODY HAS MAY DESTROY THE GENERAL SCHEME OF A ZONING LAW BY GRANTING VARIANCES INDISCRIMINATELY.
SO ON BEHALF OF THE SECO HOME CIVIC ASSOCIATION, I RESPECTFULLY ASK YOU TO UPHOLD THE BUILDING INSPECTOR'S INTERPRETATION OF THE TOWN'S ZONING ORDINANCE THAT QUOTE, COMMERCIAL HARVESTING OF WOOD PRODUCTS NOT GROWN OR HARVESTED ON SITE IS NOT FARMING OR AGRICULTURAL AND NOT A PERMITTED USE.
AND THAT THE APPLICATION FOR A USE VARIANCE FAILS EACH TEST UNDER THE STATE REQUIRED MANDATES FOR SUCH VARIANCE.
I ASSUME THERE'S NO, WHERE DOES THE CLOSEST COME UP? LET'S START THAT WAY.
WHERE, UH, WE'RE ROBERT AND MICHELLE STOCKWELL FROM NINE JENNIFER LANE, HARTSDALE.
YOU WANNA SPELL YOUR LAST NAME PLEASE? STOCKWELL'S.
WE LIVE, WE'VE BEEN THERE FOR 20 YEARS, A LITTLE OVER 20 YEARS.
OUR DAUGHTER WAS BORN TWO MONTHS AFTER WE MOVED INTO OUR PLACE.
SHE'S BEEN THERE, WE'VE BEEN THERE THAT ENTIRE TIME WITH THE FATHER OBVIOUSLY WAS, UH, THE OWNER AT THE TIME.
AND THEN CAROL AND TONY TOOK OVER LATER.
WE ARE NOT EXPERIENCING WHAT SOME OF OUR NEIGHBORS EXPERIENCE.
SO WE'RE HERE TO TELL YOU THAT WE MIGHT HAVE GREAT WINDOWS.
THAT DON'T ALLOW IN DURING COLD WEATHER.
YOU KNOW, THE SOUND HASN'T BEEN A PROBLEM FOR US.
THE FACT THAT WE'RE TALKING ABOUT WOOD AND NOT FLOWERS IS A BONUS BECAUSE IF WE'RE GONNA FILL IT UP WITH WOOD, THEN WE DON'T HAVE TO HEAT THE HEAT THE GREENHOUSES.
AND I THINK IF YOU WERE TO ASK ANY OF OUR NEIGHBORS WHO WERE COMPLAINING, IT WAS PROBABLY ABOUT THE SMOKE.
SO IF THEY'RE GONNA MITIGATE THE SMOKE, THEN I THINK MOST OF THE NEIGHBORS WOULDN'T HAVE A PROBLEM, WOULDN'T WANT TO DESTROY THEIR LIVES UNTIL, YOU KNOW, LET'S GET OUTTA HERE.
I DON'T CARE WHAT YOU DO, YOU GOTTA GO.
LOTS OF LAWS, I GUESS, OUT THERE FOR WOOD PROCESSING.
SO I GIVE YOU A LITTLE BACKGROUND ON ME.
[01:15:01]
ACTUALLY GREW UP, UH, IN WOODBURY, CONNECTICUT.AND, UH, MY FATHER HAS AN EXCAVATION TREE BUSINESS, AND HE PROCESSED WOOD AND TO PROCESS WOOD AND TO SEASON THAT WOOD, WHICH WE'RE TALKING ABOUT, HE DO NOT GO AHEAD AND HEAT THE WOOD.
THAT'S A WASTE OF A RESOURCE THAT IS, YOU KNOW, THAT, THAT'S WHERE YOU WANNA SELL IT, RIGHT? YOU DON'T WANT TO BURN IT TO HEAT UP THE WOOD.
MY FATHER'S WOOD WAS ACTUALLY JUST SITTING OUTSIDE AND I COULD, I COULD ACTUALLY SHOW YOU A PICTURE OF IT 'CAUSE HE ACTUALLY PASSED AWAY, UH, A COUPLE YEARS AGO.
BUT THERE'S A SMALL PILE LEFT, YOU KNOW, WHEN WE WERE CLEANING UP THE PLACE.
BUT THAT WOOD SITS OUTSIDE AND SEASON'S OVER SIX, SIX TO 12 MONTHS, AND THEN YOU SELL IT THE NEXT SEASON.
THAT'S EXACTLY WHAT YOU DO WITH IT.
YOU DON'T HEAT THE GREENHOUSES.
I THINK THEY'RE GONNA PUT, PUT WOOD IN THESE, UH, THESE HOUSES.
I THINK THAT, AND THEY'RE TELLING US RIGHT NOW THAT THEY'RE GONNA STOP BURNING THAT, BURNING THOSE BURNERS.
YOU KNOW, I THINK MOST OF THE NEIGHBORS WOULD BE SATISFIED.
SO I THINK MAYBE WE OUGHT TO BE TALKING TO THE NEIGHBORS AND SEE DO THEY STILL WANT TO, ARE THEY STILL COMPLAINING? I DON'T KNOW.
YOU KNOW, UH, YOU KNOW, BUT, YOU KNOW, THERE'S VARIOUS LAWS OUT THERE THAT I GET.
THERE'S A PERSISTENCE HERE FROM THE OPPOSITION THAT'S VERY CURIOUS TO TAKE IT THAT FAR.
NOW WE KNOW THAT OTHER PEOPLE IN THE NEIGHBORHOOD HAVE RUN BUSINESSES IN THEIR HOUSE, BUT FOR SOME REASON, I GUESS IF YOU'RE PART OF THE GROUP, YOU CAN LOOK THE OTHER WAY.
SO, I DON'T KNOW THIS, THIS JUST SEEMS A VERY, VERY, UH, BIASED, TOUGH PUSHED TO GET PEOPLE THAT HAVE BEEN IN THE COMMUNITY WAY LONGER THAN I HAVE TO FORCE 'EM OUT WHEN THEY'RE ACTUALLY PROVIDING A SERVICE TO THE, TO THE COMMUNITY AND PAYING TAXES, I GUESS A HIGHER TAX, WHICH IS GREAT.
SO, YOU KNOW, I I, I'M HERE TO SUPPORT THEM.
AND MY DAUGHTER, IF SHE WAS HERE, WE'D BE SUPPORTING THEM AS WELL.
SHE'S 20 YEARS OLD, SO, UM, WE, THANK YOU.
I JUST WANNA ADD THAT, UM, I ACTUALLY PERSONALLY HAVE ASTHMA AND, UM, I WORK FROM HOME THREE DAYS A WEEK, SO I HAVE NOT BEEN AFFECTED BY ANY OF THE SMELL OR EVEN THE NOISE.
I WAS ACTUALLY QUITE SURPRISED WHEN I HEARD A LOT OF THE COMPLAINT.
AND I EVEN ASKED MY HUSBAND, IS THERE SOMETHING WRONG WITH ME? BECAUSE I JUST DON'T SMELL THIS, YOU KNOW? UM, SO WE'RE NOT AFFECTED AND WE'RE IN FULL SUPPORT OF, UH, THEIR BUSINESS.
WE THANK YOU FOR YOUR TIME AND I HOPE, UM, YOU WOULD CONSIDER, UM, YOU KNOW, UM, HAVING THE AVELA TO ACTUALLY RENT THEIR BUSINESS, UM, FAIRLY.
CAN I JUST ASK THIS, DOES YOUR PROPERTY ABUT THEIR PROPERTY? LIKE, IS IT, OR IS IT ACROSS THE STREET OR, WE'RE EXACTLY RIGHT BEHIND THEIR HOUSE.
WE, WE ALSO HAVE, SO WE'VE BEEN NEIGHBORS WITH THEM FOR A WHILE.
WE DID, YOU KNOW, YOU HAD A LIGHT UP, YOU PUT A NEW LIGHT UP, DIDN'T REALIZE IT WAS KIND OF SHINING AT MY HOUSE.
I TOLD HIM THE NEXT DAY I SEE HIM UP ON A POLE, BRINGING THE LIGHT DOWN LIKE THAT, ONE OF HIS TREES ON HIS SIDE OF THE PROPERTY FELL ONTO MY, UH, SHED.
EVEN THOUGH IT, IT WAS KIND OF ON HIS PROPERTY, ACTIVE NATURE, IT'S ON MY THING.
HE'S OVER THERE ON MY, ON IT DOING CHAINSAW AND UP TOOK CARE OF IT HIMSELF PERSONALLY.
THAT'S, THAT'S HUH? YES, EXACTLY.
BUT, YOU KNOW, THEY'RE GREAT NEIGHBORS.
THEY'RE, THEY'VE GONE ABOVE AND BEYOND.
THEY'RE, THEY'RE, YOU KNOW, IF YOU HAVE AN ISSUE, THEY, THEY ADDRESS IT.
IF THEY'RE DOING SOMETHING ADJACENT TO YOUR PROPERTY, THEY MAKE YOUR PROPERTY BETTER THAN IT WAS.
YOU KNOW, THEY MAKE SURE YOU'RE TAKEN CARE OF.
SO THERE'S NO, THERE'S NO REASON, YOU KNOW, THEY, THEY'VE BEEN NOTHING BUT, BUT GREAT PEOPLE.
SO, AND ALL I SAID, IF THE SMOKE WAS THE ISSUE, WHICH I BELIEVE THAT IS THE ISSUE, IT'S BEING ADDRESSED AND MORE GREENHOUSES WITH WOOD IN IT, THE MORE GREENHOUSES DON'T HAVE TO OFF THE COST.
[01:20:06]
I HAVE PROMISED TO BE VERY FAST.UM, AND I'D LIKE TO THANK BOTH THE CAROLS FOR SPEAKING.
YOU BOTH DID A WONDERFUL JOB AND, UM, I DO VERY MUCH APPRECIATE EVERYTHING THAT WAS SAID VERBALLY TODAY.
UM, I, WE ARE ONE OF THE HOMES I WOULD SAY THAT IS MOST AFFECTED BY THE SMOKE ISSUE THAT'S BEING DISCUSSED.
I REALIZE THAT'S NOT ON THE TABLE FOR THE BOARD.
HOWEVER, WHAT I WOULD LIKE TO SAY IS, WHILE I AM INCREDIBLY HOPEFUL BASED ON WHAT WAS SAID TODAY, THAT THOSE BURNERS WILL NOT BE USED AT ALL THE DOCUMENTS THAT WERE PRESENTED UNLESS THE NEWER DOCUMENTS SAY SOMETHING DIFFERENT.
THE DOCUMENTS THAT WERE PRESENTED AND THE WAY YOUR LAWYER SPOKE, UM, SAYS THAT FOR BURNERS WILL STILL BE IN USE.
UM, I ASSUME IT'S THE ONE RIGHT IN FRONT THAT I SEE WHEN I WALK OUT THE DOOR IN THE MORNING, UM, THAT THEY'LL BE IN USE AND THEY WILL BE PHASED OUT OVER TIME.
UM, SO TO ME THAT IS A DISCREPANCY IN WHAT WAS SAID VERBALLY AND WHAT IS ACTUALLY WRITTEN IN THE DOCUMENT.
SO YOU'RE GONNA HAVE TO BE PATIENT WITH ME AND FORGIVE ME THERE, BECAUSE THAT'S REMINISCENT OF 13 YEARS AGO WHEN I WAS TOLD THAT THERE WOULD BE MITIGATION EFFORTS PUT IN AND THERE WERE NOT.
SO THAT'S THE ONLY CONCERN I STILL HAVE.
AND YES, THE SMOKE IS THE MAIN ISSUE FOR US.
UM, OKAY, WELL, IT'S JUST THAT THE DOCUMENTS SAY DIFFERENT THAN, ALRIGHT, YOU'RE, SO THAT'S THE ONLY THING I'D LIKE TO SAY.
ANYTHING ELSE? YOU CAN HAVE A COMMUNICATION IF HE'S, IF WE CAN'T HEAR HIM, RIGHT, YOU'RE RESPONDING AND HE'S SAYING THINGS, NO, THEY'RE SAYING AGAIN VERBALLY THAT THEY'RE NOT GONNA BE USING THE WOOD BURNERS OKAY.
IT WOULD SEE, RIGHT? SO THAT WOULD BE GREAT.
SO ANY QUESTIONS FOR ME? YES, IF THAT WERE A CONDITION OF GRANTING THIS, THAT WOULD BE UPHELD THROUGH, UM, THE BUILDING DEPARTMENT, OTHERWISE, WOULD YOU HAVE AN OBJECTION TO THEIR APPLICATION? I WOULDN'T, I, I DON'T OBJECT TO THEM RUNNING A BUSINESS.
I DON'T OBJECT TO THEM MAKING A LIVING.
I'M NOT TRYING TO DRIVE SOMEBODY OUT.
I'M TRYING TO BREATHE CLEAN AIR.
GOOD EVENING, CHAIRPERSON BUNDY SMITH AND MEMBERS OF THE Z B A.
I'M A MEMBER OF THE COUNCIL OF GREENBERG CIVIC ASSOCIATIONS.
I LIVE ON, I'M SORRY, SPELL THAT YOUR LAST NAME PLEASE.
OH, UH, D O R R I N E, LIVES IN L I V S O N.
THE MEETING OF JUNE 26TH, 2023.
THE COUNCIL OF GREENBURG CIVIC ASSOCIATIONS KNOWN AS THE C G C A DISCUSSED THE SUBJECT APPLICATION, WHICH SEEKS EITHER AN INTERPRETATION OR A USE VARIANCE TO CONTINUE THE PROCESSING AND SALE OF FIREWOOD AND MULCH AT FOUR 50 CCO ROAD SITE.
AFTER A LENGTHY DISCUSSION, A VOTE WAS TAKEN AND ALL PRESENT AT THE C G C A MEETING, AGREED TO RECOMMEND THAT THE Z B A DENY THE APPLICANT'S REQUEST FOR AN INTERPRETATION.
SECONDLY, THE C G C A VOTED TO RECOMMEND THAT Z B A DEMAND DENY THE APPLICANT'S REQUEST FOR A USE VARIANCE TO OPERATE A COMMERCIAL MANUFACTURING BUSINESS, WHICH PROCESSES LOGS OBTAINED FROM OFFSITE INTO FIREWOOD AND MULCH FOR SALE.
THE SUBJECT PROPERTIES ARE ZONED R 10 AND R 30.
GRANTING A USE VARIANCE TO LEGALIZE A COMMERCIAL MANUFACTURING BUSINESS ON THIS SITE WILL SET A DANGEROUS PRECEDENT.
PLEASE PROTECT OUR RESIDENTIAL NEIGHBORHOODS.
THE C G C A ASKED THE Z B A TO CONSIDER THE FOLLOWING INFORMATION WAS THE APPLICATION PROPERLY NOTICED? FIRST, THE C G C A QUESTIONS WHETHER THE SUBJECT PROPERTY HAS BEEN PROPERLY IDENTIFIED IN THIS APPLICATION.
ALL APPLICATION FORMS AND ALL CORRESPONDENCE LIST TAX PARCEL EIGHT DASH ONE 20 DASH 70 DASH 53 THE MEASUREMENTS SHOWN FOR THIS TAX PARCEL ON THE TOWN'S CG ON THE C I THE G I S SITE EXACTLY DUPLICATE THE MEASUREMENTS LISTED IN THE DEEDED SIGNED BY THE APPLICANT'S GRANDFATHER ON DECEMBER 12TH, 1955.
PRESENT RECORDS INDICATE THAT FIREWOOD IS STORED IN GREENHOUSES ON THIS PARCEL.
HOWEVER, THE SPLITTING OF TREES INTO LOGS AND GRINDING THE LOGS INTO MULCH, WHICH THE APPLICANT'S CLAIM HAS TAKEN PLACE SINCE 1955, APPEARS ACCORDING TO AREA VIEWS TAKEN TO TAKE PLACE ON THE ADJACENT 3.66
[01:25:02]
ACRE TAX PARCEL.EIGHT DASH ONE 20 DASH 70 DASH 54.
NOTE THE DIFFERENCE IN THE NUMBERS.
THIS PARCEL IS ALSO OWNED BY THE APPLICANT, BUT HAS NEVER BEEN MENTIONED IN THIS APPLICATION.
THE Z B A SHOULD SEEK INFORMATION WHEN THIS 3.66 PARCEL WAS ACQUIRED AND SHOULD REQUIRE ITS INCLUSION IN ANY LEGAL NOTICE REGARDING THIS APPLICATION.
WHEN DID THE PROCESSING AND SALE OF FIREWOOD AND MULCH ACTUALLY BEGIN THE C G C A QUESTIONS? THE ACCURACY OF A CLAIM REPEATEDLY MADE IN THIS APPLICATION IN ALL THE LETTERS SUBMITTED BY THE APPLICANT'S ATTORNEY, THE CLAIM IS REITERATED NUMEROUS TIMES THAT THE PROCESSING AND SALE OF FIREWOOD AND MULCH HAS BEEN ONGOING FOR 68 YEARS SINCE 1955.
THE FILE DEEDED AND TOWN RECORDS INDICATE THAT THE 6.88 ACRE PROPERTY AT 54 50 CCO ROAD WAS VACANT LAND CONTAINING A SINGLE FAMILY HOUSE BUILT IN 1948 WHEN THE PROPERTY WAS PURCHASED ON DECEMBER 12TH, 1955.
IT SEEMS TOTALLY UNLIKELY THAT A BUSINESS IMPORTING TREES WAS STARTED WITHIN DAYS OF PURCHASE OF THIS PROPERTY.
HOWEVER, TOWN RECORDS INDICATE THAT SOME TYPE OF FARMING BUSINESS BEGAN ON THIS PROPERTY SINCE THE PERMIT WAS OBTAINED NINE YEARS LATER FOR THREE NEW GREENHOUSES FOR A TOTAL OF FIVE ON MARCH 10TH, 1965.
THE APPLICANT HAS SUBMITTED NO OFFICIAL DOCUMENTS OR EVEN PHOTOGRAPHS TO VERIFY THE NUMEROUS CLAIMS ABOUT THE ONGOING PROCESSING AND SALE OF FIREWOOD FROM THE SITE SINCE 1955.
THE SIGNED SURVEY PRESENTED TO THE TOWN IN 1965 DOES NOT MENTION ANY LOG SPLITTING ACTIVITIES ON THE PROPERTY.
A NUMBER OF RESIDENTS WHO HAVE LIVED IN THE AREA FOR DECADES CAN RECALL NO DELIVERY OF LOGS OR SALE OF FIREWOOD AND MULCH AT THE SITE UNTIL RECENT YEARS.
INTERESTINGLY, SOME DOCUMENTS DO RAISE QUESTIONS ABOUT THESE CLAIMS. THE KIKI FAMILY OWNED BOTH OF THE PARCELS ON SEACO ROAD AS WELL AS THE PARCELS AT THE INTERSECTION OF WEST HARTSDALE AVENUE AND SEACO ROAD.
RESIDENTS CAN ATTEST TO THE FACT THAT THE PRODUCE HARVARD AT THE SEACO ROAD SITE WAS ALSO SOLD AT THE WEST HARTSDALE AVENUE FARM STAND.
OVER THE YEARS NUMEROUS VARIANCES WERE GRANTED REGARDING THE PARCELS ON WEST HARTSDALE AVENUE Z B A CASE NUMBER 90 DASH 24 Z B A CASE NUMBER 95 DASH OH SIX Z B A CASE NUMBER OH EIGHT DASH 25 AND Z B A CASE NUMBER 10 DASH OH FIVE.
INTERESTINGLY, PERMISSION WAS GRANTED IN THE Z B A CASE NUMBER 95 DASH OH SIX TO SELL, QUOTE, BAD SOIL ORIGINATING SOLELY FROM THE PREMISES OWNED BY THE APPLICANT.
BUT THERE IS NO MENTION OF SELLING FIREWOOD OR MULCH DURING THIS APPLICATION.
IT WAS NOT UNTIL 15 YEARS LATER IN 2010 IN THE Z B A CASE 10 DASH OH FIVE THAT THE OWNER WAS GRANTED PERMISSION TO SELL SMALL HANDHELD BUNDLES OF FIREWOOD INSIDE THE STORE AND TO PLACE UP TO THREE PALLETS OF STACKED FIREWOOD OUTSIDE AS A DISPLAY.
ONE HAS TO WONDER WHY THE OWNER WOULD NOT HAVE SOUGHT PERMISSION TO SELL FIREWOOD AT THE WEST HARTSDALE AVENUE STORE MUCH EARLIER IF SUCH FIREWOOD AND MULCH HAD BEEN PROCESSED AND WAS FOR SALE AT THE FOUR 50 CCO ROAD SITE DURING THE PREVIOUS 55 YEARS.
COINCIDENTALLY, THE YEARS 2009 AND 2010 WERE THE FIRST YEARS THAT THE C G C A MINUTES NOTE THAT THE AREA RESIDENTS WERE COMPLAINING ABOUT THE FOUL ODORS PRODUCED BY WOOD BURNING STOVE AND NOISE FROM TRUCKS DELIVERING WOOD AND PARKING AT THE WESTCHESTER GREENHOUSE AND FARM SITE AT FOUR 50 CCO ROAD.
IT IS UNKNOWN WHETHER THE TOWN ISSUED VIOLATION NOTICES WHEN THESE, WHEN THESE COMPLAINTS WERE MADE PROOF NECESSARY FOR A USE VARIANCE NOT PROVIDED.
THE APPLICANT HAS NOT COMPLIED WITH THE REQUIREMENTS OF NEW YORK STATE LAW SECTION 2 6 7 DASH B, WHICH I HAVE ENCLOSED A COPY.
AS THE MEMBERS OF THE Z B A ARE AWARE, THE LAW SPECIFIES THAT APPLICANTS SEEKING A USE VARIANCE ARE REQUIRED TO DEMONSTRATE TO THE Z B A WITH DOLLARS AND CENTS PROOF FOR EV FOR EACH AND EVERY PERMITTED USE IN A ONE FAMILY R 10 AND R 30 ZONING DISTRICTS IN THE TOWN OF GREENBURG ZONING ORDINANCE, THEY CANNOT REALIZE A RES A REASONABLE RETURN.
THE APPLICANT HAS NOT PROVIDED SUCH PROOF.
TO RECAP, NUMBER ONE OF THE SUBJECT PROPERTIES WERE NOT A PROPERLY IDENTIFIED IN THIS APPLICATION.
TWO, NO OFFICIAL DOCUMENTS SUPPORT THE CLAIM
[01:30:01]
OF WHEN FIREWOOD PROCESSING BEGAN ON THE SITE.AND THREE NECESSARY PROOF HAS NOT BEEN PROVIDED TO OBTAIN A USE VARIANCE.
THEREFORE, THE C G E C A REPEATS ITS REQUEST AND URGES.
THE MEMBERS OF THE C B A DENIED BOTH THE REQUEST FOR AN INTERPRETATION AND THE REQUEST FOR USE VARIANCE.
THE C B A SHOULD NOT LEGALIZE A BUSINESS THAT WOULD NOT BE PERMITTED IN MOST OF GREENBURG'S EXISTING COMMERCIAL ZONING DISTRICTS.
PLEASE PRESERVE AND PROTECT THE CHARACTER OF OUR RESIDENTIAL NEIGHBORHOODS AND THE HEALTH AND SAFETY AND THE WELFARE OF OUR COMMUNITY.
OKAY, BEFORE YOU TURN THAT IN, BY THE WAY, BEFORE YOU TURN THAT IN, JUST A MOMENT, BEFORE YOU TURN THAT IN, CAN YOU GIVE US THE CASE BEFORE YOU TURN IT IN, CAN YOU GIVE US A CASE? YOU SAID 10 POINT WHAT THE VARIANCE THAT WAS GIVEN TO THEM FOR, UM, HAVING THE THREE PALLETS GO ON THIS GO ON THIS SPOT YOU JUST PUT ON THE RECORD, PLEASE.
COULD YOU REPEAT THE QUESTION?
MY NAME IS JEANNE GNI, J E A N N E.
I LIVE AT 10 JENNIFER LANE, HARTSDALE, NEW YORK.
I SPOKE AT YOUR LAST ZONING BOARD MEETING AND THE ONE THING I WOULD LIKE TO BRING UP AGAIN, WHICH I BROUGHT UP THEN, IS THE COMMERCIAL TRAFFIC THAT WOULD OCCUR ON SECCO ROAD IN HARTSDALE, NEW YORK.
THOSE OF YOU WHO HAVE HAD THE JOY OF DRIVING DOWN OR UP SEACO ROAD FROM ROUTE NINE A TO HARTSDALE AVENUE ARE VERY WELL AWARE OF THE S-CURVE AND IT'S HAZARDS.
I GO TO WORK THAT WAY EVERY DAY.
AND WHEN I'M GOING TO WORK, I AM MEETING LANDSCAPERS, COMING UP WITH THEIR TRUCKS, AND ALMOST EVERY DAY OF THE WEEK I AM TRYING TO FIGURE OUT WHERE TO GO, WHERE I DON'T GO OFF THE SIDE OF THE ROAD DOWN INTO THE NEIGHBOR'S PROPERTY BECAUSE OF THE FACT THAT THEY TAKE OVER THE ROAD.
COMMERCIAL VEHICLES ARE NOT DESIGNED AND SECO ROAD IS NOT DESIGNED TO ACCOMMODATE COMMERCIAL VEHICLES, INCLUDING ALL THE TRUCKS THAT BARTLETT TREE SERVICE HAS, WHICH I AM SORELY NOT MISSING BECAUSE THEY ARE NO LONGER GOING UP AND DOWN SEACOR ROAD AS SPL IS NO LONGER GOING UP AND DOWN SEACO ROAD AND ANOTHER VARIETY OF DIFFERENT TRUCKS, PLEASE DO NOT MAKE OUR NEIGHBORHOOD INTO A COMMERCIAL THOROUGHFARE.
THAT'S GOING TO BE A HAZARD FOR THE STUDENTS WHO RUN TRACK UP AND DOWN SEACO ROAD FROM WOODLANDS HIGH SCHOOL AND MARIA REGINA HIGH SCHOOL AND LEY HIGH SCHOOL.
THEY USE IT AS A TRACK RUN AND NORMAL PEOPLE WHO BICYCLE THERE, WHICH I DON'T AGREE WITH, BUT GOD LOVE THEM, THEY DO IT.
BUT I'M MORE CONCERNED ABOUT THE RESIDENTS, THE STUDENTS, AND THE VEHICLES THAT HAVE TO GO UP AND DOWN THAT ROAD.
AND THAT ALL HAS TO BE TAKEN INTO CONSIDERATION ALONG WITH EVERYTHING ELSE THAT ALL THE OTHER PEOPLE HAVE SPOKEN ABOUT.
HERE ARE LAST WORDS FROM THE APPLICANT.
I I JUST WANTED TO THANK YOU FOR YOUR TIME AND CONSIDERATION THIS EVENING.
UM, WE WILL COORDINATE, UM, WITH RESPECT TO THE SITE VISIT.
WE'LL REACH OUT, UM, WITH, UH, THE ZONING BOARD CLERK.
THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 2315.
[01:35:09]
JUST GET OUT AS QUICKLY AS YOU CAN.IF YOU WANT TO TALK PLEASE, YOU CAN GO AHEAD.
MY NAME IS CYNTHIA MAR DOMINGUEZ.
UM, MY LAWYER IS ON THE CALL, UM, SORRY, ON THE ZOOM ARCHITECT.
AND WE SUBMITTED NEW PAPERWORK WITH THE RECOMMENDATIONS THAT THE BOARD GAVE US AND WE WERE JUST HERE TODAY JUST, UM, TO SEE YOU AGAIN AND LET YOU KNOW HOW IMPORTANT, HOW IMPORTANT THIS IS TO US.
I MEAN, UM, SEPTEMBER IS AROUND THE CORNER.
MY SON IS STARTING NINTH GRADE AT THE HIGH SCHOOL.
AND SO THE KIDS DID WONDERFULLY IN THE SCHOOL YEAR AND WE JUST, YOU KNOW, WANTED TO SEE, WE DID TAKE THE RECOMMENDATIONS THAT WAS GIVEN, THE ARCHITECT SUBMITTED THE PAPERWORK.
YOUR COVERAGE REQUEST IS, UM, YOUR PROPOSED COVERAGE IS 51.85% ON THE, UM, THE DENIAL LETTER THAT WE HAVE.
BUT ON YOUR PLAN IT SAYS IT'S 47.31%, SO I THINK THAT THE 51.85 IS THE CORRECT NUMBER, BUT I JUST WOULD ASK THAT YOU CORRECT YOUR, YOUR PLAN.
THIS IS
UM, WE HAVE TO WRITE, UM, OUR PLAN, UM, AND WE WERE ABLE TO FOLLOW
UM, SO YOU SEE HOW MUCH WE'RE ABLE TO, I THINK THE SITUATION, UM, BETTER THAN WE HAD INITIALLY CENSUS.
YEAH, NO, YOU DID A GREAT JOB WITH THAT.
I JUST WANTED THE NUMBERS TO MATCH, BUT MAYBE THERE'S ANOTHER YES.
SO THE, UM, BASICALLY, UM, WE TOOK UP TWO OF THE, OF THE VARIANCES, BUT IT'S NOT, IT'S NO LONGER, UM, IT'S NO LONGER THE SAME AMOUNT, AMOUNT, THE VARIANCES.
SO NOW IT'S BE, UM, ONLY, ONLY THREE, I'M SORRY, ONLY TWO, WHICH IS THE 293 SQUARE JEEP.
UM, AND FOR, UH, THE EXTRA BATHROOM THAT THEY, UM, ON THE SECOND FLOOR AND THE TIVE SURFACE.
SO I ORIGINALLY, UM, DID HOUSE AT, UM, ABOUT 80% OF THE TIVE, UM, SURFACE.
WHEN WITH THE INITIAL PROPOSAL WE WERE ABLE TO SHAPE THAT TO 58% BY ABOUT 59%.
AND NOW WITH THIS NEW PLOT PLAN, WE ARE ABLE TO REDUCE THAT 50 X PERCENT TO EVEN, YOU KNOW, ABOUT ANOTHER 10%, 11%, 31.
AND WHAT WE PROPOSED WAS ALL THIS WAS ALL, THIS IS ASAL.
SO BEFORE IT WAS LIKE ONE, ONE FOOT HERE, 1.87.
THIS WAS NOT SOMETHING THAT WE CREATED A, UM, FROM THE PROPERTY LIKE THAT.
BUT THIS WAS A VARIANCE RIGHT HERE FOR THIS DRIVEWAY IS SO CLOSE TO THE PROPERTY LINE.
SO WHAT WE'RE PROPOSING IS TO REMOVE ALL THESE QUADRANT OF DRIVEWAY AND JUST GIVE THEM THINGS TO THE RIGHT, WHICH WOULD, THEY WOULD GET THAT AS A REC.
UM, ALSO AT THE TOP THERE WAS THIS PATIO IN THE ORIGINAL, YOU CAN SEE HERE,
[01:40:01]
YOU SEE THIS PATIO GOING ALL THE WAY AROUND THE PROPOSED, UH, OUTDOOR KITCHEN.UM, SO IT WAS MADE IN A VARIANCE, UM, FOR, UH, UH, FOR PATIO SETBACK, WHICH IS
SO YOU CAN SEE IN THE PROPOSED FLOOR PLAN, WE ARE NOT DOING THAT BY, SO THE VARIANCE, OH YES, WE DO.
BUT THIS ONE IS, UH, UH, SAFETY CONDITION, UH, BECAUSE YOU WILL NEED A TOOLS AROUND.
HOWEVER, WE WERE ABLE TO SHAVE UP, UM, MOST OF THE, UM, MARK CASE AROUND IT.
AND THEN WE FOLLOW THE BOARD RECOMMENDATIONS AND MAKE MORE OF, YOU KNOW, KIDNEY SHAPE, WHICH IS DIFFERENT, UM, SHAPE OF THE POOL.
AND ALSO THIS QUAD HERE THAT WE HAD IN THIS, IN, IN THE ORIGINAL ONE, WE HAD IT HERE.
UM, ANOTHER IMPORTANT POINT WAS, UH, THE CONCERN THAT THE, UM, THE NEIGHBOR, THE BACKPACK ABOUT THE, ABOUT THE, UM, SAVE OF BIRTH TERRA.
UM, WHICH SHOULD SOMETHING, UH, THAT, UM, MY CLIENTS WOULD HAVE CIVIL RIGHTS AS IT DOESN'T VIOLATE ENOUGH ZONING REGULATIONS.
HOWEVER, THEY ARE, UM, VERY AWARE AND THEY WANT TO, YOU KNOW, THEY DON'T WANNA MAKE ANYBODY UNCOMFORTABLE WITH WHAT THEY'RE DOING.
THEY'RE DOING THIS FOR THE FAMILY.
UM, AND, UM, WHEN TARA PROPOSING IT, LIKE A WHOLE LINE OF STRAWBERRY AT THE BACK, UH, THERE'S AN EXISTING, UM, THERE'S AN EXISTING PIECE, UM, FENCE, AND THEY'RE PROPOSING, UM, LIKE STRAW, LIKE AL TREES.
SOME DON'T HAVE A, LIKE HEALTH WIDE, UM, DI YONDER, HOWEVER, THEY'RE ABLE TO GO UP TO 1560 AND THEY CAN EVEN PLANT THEM, UH, YOU KNOW, PRETTY CLOSE TO 10 FEET.
SO I, I THINK THAT, YOU KNOW, UM, CHANGES FOR LIKE, TRYING TO MAKE THE BEST FOR EVERYBODY AND, YOU KNOW, FOLLOW AS MUCH AS POSSIBLE WITHIN, UH, YOU KNOW, CAPABILITY TO TAKE AREA.
SO JUST SO I'VE PERFECTLY CLEAR, THE PROPOSED COVERAGE IS 47.31% AND NOT 51.85%? YES, THAT'S CORRECT.
AND THE, THE SHRUBBERY THAT, UM, OR SCREENING THAT YOU'RE PUTTING UP THE GREENERY IN THE REAR, I SEE EMERALD TREE, E EMERALD, GREEN TREE, AND I SEE SIX FEET, AND THEN I SEE A HEAD ON THE, ON THE TOP I SEE EIGHT AND THEN 12 FEET.
WHAT COULD YOU EXPLAIN THAT PLEASE? SURE.
UM, SO THE, THE, UM, THE EIGHT FEET IS THE EXISTING MAJOR FENCE AT THE BACK, UH, WHICH IS THE HIGHEST, UH, HIGH DOSE THAT HAVE PER VARIANT FOR A FENCE, FOR A VINYL FENCE.
AND THE 12 FEET IS, UM, YOU KNOW, THE PROPOSED HEIGHT OF THE EMERALD TREE.
UM, SO IT'S BASICALLY AT LEAST FOUR TO SIX, EVEN EIGHT FEET ON TOP OF THAT FENCE BECAUSE THEY COULD RUN UP 16 FEET.
SO THAT, THAT IS THE, THE WHAT IS GONNA SCREEN, UH, THE, FROM THE GOING DOWN INTO THE NEIGHBOR, UH, BACKYARD BECAUSE THAT CONCERN AND, UH, ALSO
SO, YOU KNOW, THEY HAVE, UM, FOR, FOR FOR BOTH.
ANY OTHER QUESTIONS? UM, MADAM CHAIR, THIS IS GARRETT.
UM, SHAIRA, IF YOU COULD PLEASE, UM, STOP SHARE.
I CAN CLARIFY THE, UM, IMPERVIOUS COVERAGE.
UM, BEAR WITH ME HERE FOR A MOMENT, PLEASE.
YES, SO, SO THE REVISED PLANS WERE CIRCULATED TO THE BUILDING INSPECTOR AND UM, I CAN ZOOM IN HERE, BUT THERE, THERE WAS AN AFFIRMATION THAT THE PROPOSED IMPERVIOUS, UH, IS 47.31, WHICH I, I'M, I'M HOVERING MY CURSOR OVER.
SO YEAH, I BELIEVE KIRA, UM, EMAILED THAT OUT TO THE BOARD, SO, OKAY.
[01:45:01]
SET IN THAT REGARD.IF GARY, COULD YOU JUST EMAIL THAT TO US AGAIN 'CAUSE WE COULDN'T FIND IT? YEAH, YEAH, NO PROBLEM.
ANY OTHER QUESTIONS? I JUST REALLY WANTED TO SAY THANK YOU.
I MEAN, OUR KIDS REALLY WANNA GET INTO THEIR HOUSE.
IS THERE ANYONE THAT'S STILL HERE OR ON THE ZOOM THAT WANTS TO COMMENT ON THIS MATTER AT ALL? I, OKAY.
AND THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 2316 GREATER NEW YORK COOPERATION OF SEVENTH DAY ADVENTIST.
HI, UH, MY NAME IS MITCH KOCH.
I AM ARCHITECT, UH, REPRESENTING THE, UH, LITTLE CHURCH ON COLUMBIA AVENUE IN HARTSDALE.
UM, I'M GONNA TRY TO CONNECT MY COMPUTER.
I MEAN, I'M, I THINK I'M, IF I COULD SHARE MY SCREEN, THAT WOULD BE, SIR, ARE YOU LOGGED INTO THE ZOOM? I AM.
I'M MK ON THE ZOOM UNKNOWN ERROR.
CLOSE THAT, LET, JUST TRY THAT AGAIN.
I DON'T SEE YOU IN THE ZOOM, BUT IF YOU WANNA TRY IT VERY QUICKLY, THAT'S FINE.
OTHERWISE I HAVE, UM, ALL YOUR MATERIALS HERE AND I CAN SHARE SCREEN FOR YOU, WHETHER THAT BE THE PHOTOS OR THE PLANS.
I HAD ONE OTHER PHOTO THAT I WANTED TO SHARE.
IT'S, UM, I GUESS I GOT KICKED OFF THE ZOOM MEETING.
BEAR WITH ME FOR A SECOND, PLEASE.
UM, I'LL LOOK FOR KIRA'S EMAIL AGAIN.
OKAY, I, I SEE YOU SHOULD BE ADMITTED IN A MOMENT HERE.
KEEP THAT MUTED AND THEN YOU'RE ALL SET TO SHARE SCREEN.
UM, LET'S SEE IF I CAN MINIMIZE THIS.
I HOPE EVERYBODY, WAS IT JUST ONE PHOTOGRAPH THAT YOU WANTED TO SHOW US? YES, AND THEN WE COULD, I MEAN, ONCE I'M, ONCE I ACTUALLY GET INTO MY PROGRAM, IT SHOULD BE RELATIVELY EASY.
SO, UM, THE GOAL HERE IS TO PROVIDE A NEW ENTRANCE TO THE CHURCH AT 50 COLUMBIA.
AND YOU CAN SEE IT'S CURRENTLY VERY CHARMING, BUT THE STEPS ARE TREACHEROUS.
UM, AND YOU CAN SEE THE DOORS ACTUALLY OPEN OUT, UM, WHICH ARE VERY DANGEROUS.
AND OF COURSE THERE'S NO HANDICAP ACCESS.
SO I WAS ASKED TO HELP DESIGN A, UH, A PORCH THAT'S A LITTLE BIT BIGGER.
AND SO, UM, HERE'S, OOPS, A RENDERING OF A ENLARGED PORCH WITH A HANDICAP RAMP.
UM, AND THE REASON THAT WE'RE HERE IS THAT OUR, UM, OUR IMPERVIOUS COVERAGE IS, IS A LITTLE BIT OVER, UH, OVER THE, YOU KNOW, THE MAXIMUM ALLOWED.
I WOULD ARGUE THAT, IN FACT, THERE'S A FEW WEIRD, WEIRD THINGS ABOUT IT.
ONE IS THAT WE GOT A NEW SURVEY MADE AND IT TURNS OUT THAT, UH, THE PROPERTY ACTUALLY EXTENDS HALFWAY INTO COLUMBIA AVENUE.
AND SO ALL OF THAT BLACKTOP IS COUNTED AS IMP YOU KNOW,
[01:50:01]
IMPERVIOUS AGAINST IT.I MEAN, AND IT GOES WITHOUT SAYING THAT IT'S A SMALL LOT AND IT'S A CHURCH WITH A PARKING LOT.
AND SO BY DENT OF THAT, THE, THERE'S JUST A LOT OF IMPERVIOUS.
BUT IF YOU LOOK AT THE OVERLAY THAT I DID HEAR OF THE, DON'T DO THIS AGAIN.
UM, UM, OF THE THANK YOU OF THE, UM, NEW WORK OVER THE EXISTING SURVEY, THE NEW WORKS IN RED, YOU CAN SEE THAT IN FACT THE ONLY NEW IMPERVIOUS IS THAT ORANGE SPOT IN THE BACK.
AND SO WE'RE ACTUALLY ADDING 65, ALMOST 66 SQUARE FEET OF NEW IMPERVIOUS TO THE LOT.
AND I WOULD SUGGEST THAT THAT'S A VERY LITTLE PRICE TO PAY, TO PROVIDE HANDICAP ACCESS AND, UM, YOU KNOW, AND A SAFE PLACE FOR CONGREGANTS TO, TO MEET AND TO GO IN AND OUT OF THE CHURCH.
UM, I DON'T WANT TO BEAT THIS TO DEATH 'CAUSE IT'S BEEN A LONG NIGHT ALREADY, BUT, UM, I HAVE THE PASTOR HERE, UH, CHRISTIAN JANELLE I'M SAYING, AND, UM, UM, LLOYD SCHARFENBERG IS FROM THE, THE SEVEN DAY ADVENTIST, UH, CORPORATION.
IF, DID THEY HAVE ANYTHING THAT WOULD YOU LIKE TO ADD TO THIS? NO.
SO THAT'S, THAT'S KIND OF IT REALLY.
I, I JUST WANT TO SAY, OH, HERE YOU GO.
I, I'M ALSO A FORMER PASTOR OF THE CONGREGATION A FEW YEARS BACK.
AND I'M THE, UH, CORPORATE SECRETARY FOR GREATER NEW YORK CORPORATION, SEVENTH DAY ADVENTIST.
AND ALSO, AS I MENTIONED, A, A FORMER PASTOR OF THIS CONGREGATION.
I'M SORRY, CAN YOU SPELL THAT PLEASE? OH, YOUR LAST NAME SS.
UH, AND, AND, UH, FOR, FOR YEARS IT HAS BEEN A, A CHALLENGE, UH, PEOPLE WHO ARE IN A WHEELCHAIR, IT'S VERY HARD TO GET THEM INTO THE CHURCH AND TRYING TO CARRY 'EM IN THROUGH THE, THE SIDE DOOR AND SO ON.
AND SO JUST TRYING TO MAKE THE BUILDING A, UH, A PLACE, UH, FRIENDLY FOR, FOR EVERYBODY.
AND SO, UH, THERE'S BEEN SEVERAL DIFFERENT ATTEMPTS ALONG THE WAY.
THIS IS THE, THE, THE CURRENT ONE AND THE BEST ONE, UH, IN, IN MY VIEW.
OH, YOU STARTED SOMETHING
UH, MY NAME IS, UH, CHRISTIAN GENAL, LAST NAME G E N A O.
I'M THE CURRENT PASTOR OF THE CONGREGATION, BUT I ALSO WANT TO POINT OUT THAT, UH, WE HAVE MULTIPLE CONGREGATIONS, UH, UTILIZED IN THE BUILDING.
SO THIS WILL HELP NOT ONLY MY CONGREGATION, BUT THE OTHER CONGREGATION THAT, UH, SHARES THE BUILDING WITH US.
AND WE DO HAVE, UM, UM, ELDERLY THAT CURRENTLY DO NOT ATTEND CHURCH BECAUSE THEY CANNOT GO UP THE STEPS.
UM, AND ESPECIALLY IN THE WINTER, IT GETS, UH, A LITTLE BIT TREASURES IT HAS BEEN EVEN FOR ME.
UM, AND, UH, WE HOPE THAT WE CAN PROVIDE FOR BOTH CONGREGATIONS, UH, THE ABILITY FOR THOSE PEOPLE TO, YOU KNOW, BE ABLE TO ATTEND OUR SERVICES.
ARE THERE ANY QUESTIONS? GOOD QUESTIONS ARE THERE? NO, I JUST HAVE ONE, ONE QUICK QUESTION.
UH, DO YOU PLAN ON HAVING HANDICAPPED PARKING IN FRONT OF THE BUILDING TO MAKE IT MORE ACCESSIBLE FOR THIS SUBPOPULATION HANDICAPPED PEOPLE? UM, THAT IS A NATURAL THING.
WE'RE GOING TO ORGANIZE THE PARKING IN THE FRONT TO MAKE IT WORK.
AND THAT'S A GREAT IDEA AND HADN'T REALLY COME UP YET, BUT I'M SURE YOU WERE JUST CONCERNED WITH THE CHALLENGES THAT WERE IN FRONT OF YOU AS IT WAS, RIGHT? YES.
I GUESS MY VISION WAS A LITTLE BIT NARROW THERE, BUT
ANY OTHER QUESTIONS? I, I JUST WANNA SAY THAT THANK YOU VERY MUCH FOR THAT PHOTOGRAPH OF THE EXISTING CONDITION.
[01:55:02]
THAT'S MY DOG IN THE PHOTOGRAPH TOO,IF THERE'S NOTHING FURTHER, NOPE.
THEY DON'T GET ANY EASIER THAN THIS ONE, I HAVE TO SAY.
I WILL EXTEND MYSELF THAT FAR.
AND THE LAST CASE WE HAVE THIS EVENING IS CASE.
WHAT DID I DO WITH IT? I LOST MY CASE.
I'M GOING TO REC RECUSE MYSELF FROM THAT MATTER AS THE APPLICANT, UH, HAS BEEN A CLIENT OF MINE.
IS THERE ANYONE HERE FOR SIR? IF YOU COULD PLEASE STOP SHARING SCREEN.
MY NAME IS LAWRENCE BAYLOCK AND I'M HERE IN REFERENCE TO A ONE BEDROOM.
I HAVE A, A BEDROOM IN MY BASEMENT THAT I WANT TO TURN INTO A ROOM.
SO FOR INCOME PRI PREVIOUSLY MY MOTHER AND MY MOTHER-IN-LAW WERE THERE IN THE PREMISES, AND BOTH HAVE SINCE PASSED AWAY.
THAT INCOME THAT THEY WERE PROVIDING WAS VERY HELPFUL IN ME DEALING WITH THE CURRENT TAX SITUATION AND OTHER THINGS GOING ON.
AND I'M APPLYING, SO I'M ASKING FOR A VARIANCE TO OPEN THAT ROOM BACK UP SO I CAN RENT IT FOR A, TO HELP EASE THE INCOME.
UM, HOW MANY PEOPLE LIVE IN THE HOUSE? THREE, TWO, I'M SORRY.
AND THREE, INCLUDING THE BORDER.
HOW MANY BEDROOMS IS YOUR HOUSE IN TOTAL? FIVE.
UM, I NOTICED THAT, UM, THERE'S A SEPARATE DOORWAY TO THAT PART OF THE HOUSE AND THERE IS A, UM, A ROOM WITH CABINETRY AND A SINK THAT COULD KIND OF EASILY MAKE IT ALMOST AN APARTMENT DOWN THERE.
WHAT IS YOUR, YOUR INTENT OF ALL THIS? IT'S JUST A, A WORK AREA FOR FOOD PREPPING.
WHEN MY MOTHER AND MY MOTHER-IN-LAW WERE THERE, THEY HAD BOTH HAD NURSES COMING IN, PEOPLE COMING IN TO, UH, SERVICE THEM AND, AND FEED THEM AND EVERYTHING.
THERE'S NO STOVE OR ANYTHING LIKE THAT DOWN THERE? NO.
NOW IS, WHAT IS THE REST OF THE BASEMENT USED FOR? PART OF IT'S A, A, A GARAGE AND I HAVE AN OFFICE DOWN THERE.
AND HOW MANY CARS DO YOU HAVE? ONE IN THE GARAGE AND ONE OUTSIDE, AND THEN ONE TO THE, UH, SIDE.
I MEAN AS FAR AS PARKING AREAS.
SO WHEN YOU ORIGINALLY PURCHASED THE HOME, THIS IS A ONE FAMILY HOME, CORRECT? CORRECT.
I DIDN'T PURCHASE, I BUILT IT.
ANY, DOES ANYONE HAVE ANY OTHER QUESTIONS? UH, YES.
WHO ADVISED YOU TO COME IN FRONT OF THE BOARD FOR THE SPECIAL PERMIT? I DID MYSELF.
ONCE MY MOTHER PASSED AWAY, I SAID, WELL, I HAVE TO SEE IF I CAN GET MAKE A, USE THIS APARTMENT FOR, WELL, THIS ROOM FOR INCOME.
[02:00:05]
UH, I HAVE NO OTHER QUESTIONS.AND I TAKE IT THERE'S NO ONE WHO'S ON THE ZOOM THAT WANTS TO COMMENT ON THIS? UH, SHAUNA ALREADY DID.
OH, WELL NOT COMMENT
IT IS TIME FOR US TO DELIBERATE SO I CAN GET RECORDING STOPPED.
I'LL BE BACK IN A FEW MINUTES.
DO YOU HAVE A, A FORM FOR THE SPECIAL PERMIT FOR 20 23 17 FOR THE LAST CASE? YES.
KARA, IF YOU COULD SHOW THAT TO ED AND ED, IS THAT WHAT YOU AT THE STATE SEEING? SORRY, I HAVEN'T EATEN ALL DAY.
I, I HAVEN'T EATEN ALL DAY EITHER AND I'M WATCHING YOU.
I GOT A LIFESAVER IN MY MOUTH.
SHOVELING CHIPS IN THE CAR MY WAY HERE.
WANT YOU SO LOUD? NOW WE'RE RECORDING.
SO I'LL TALK ABOUT IF I LEAST HAD COFFEE, I'D BE OKAY.
WE HAVEN'T HAD ONE OF THESE SINCE 2012, SO I, I KNOW OFF THAT NOW.
UM, SO I JUST WANNA APOLOGIZE TO EVERYONE FOR NOT BEING THERE IN PERSON.
MY HUSBAND HAD, UM, AN EMERGENCY PACEMAKER PUT IN ON SUNDAY AND HE'S NOT FEELING WELL STILL.
OKAY, SO WE'RE KEEPING MIKE ON HOSPITAL BUSY.
SOMEBODY'S GOTTA DO IT, RIGHT? WE'VE TAKEN IT ON.
YOU'VE DONE A GOOD ENOUGH JOB SO YOU CAN REST NOW.
AND JUST THINK WHEN THIS IS OVER, YOU CAN TESTIFY BEFORE CONGRESS ON THE VAGARIES OF THE MEDICAL SYSTEM.
BETWEEN THAT AND BEING A RETIRED NEW YORK CITY EMPLOYEE, FIGHTING THE CITY, TRYING TO TAKE A CHANGE OUR BENEFITS.
THAT'S FROM MEDICARE TO MEDICARE ADVANTAGES, RIGHT? SYSTEM.
SO WHAT WE, ARE WE ON GARRETT? NO, NO, IT'S TOO, IT NOW.
I DON'T KNOW WHAT YOU'RE DOING, BUT THE BANGING.
WE'LL JUST SOLVE, SO WHY DO WE CLOSE THIS FOR DECISION ONLY? WELL, FIRST YOU HAVE TO, YEAH.
ARE WE ON TESTING ONE, TWO, TESTING? I THINK SO, YES, YOUR HONOR.
UM, WE ARE BACK, UM, BEGINNING OUR DELIBERATIONS NOW AND FIRST CASE WAS CASE 2305 UNITED REFRIGERATION.
AND WHEREAS, UM, ANYBODY WHO WANTS TO JUST, WHO WAS NOT HERE BEFORE I WAS HERE FOR THE VERY FIRST ONE.
DO YOU WANT TO OPINE ON YOUR OPINION AT THIS POINT? MAY.
AND I THOUGHT THAT AFTER THEY, WE WERE GONNA DO THE TEST BALLOON AND DO A BUNCH OF OTHER THINGS, THAT SOMETHING WOULD'VE BEEN APPRECIABLY CHANGED FROM THE APPLICATION.
YOU SAY YOU'VE ONLY BEEN AT ONE.
[02:05:01]
MANY TIMES HAS THIS BEEN ON? I THINK THIS IS THE THIRD.SO HAVE YOU READ THE TRANSCRIPT OR WATCHED THE, OR VIDEO WHERE YOU WERE ABLE TO, LIKE I SAID, THAT'S WHY I SAID I THOUGHT THAT IT WOULD BE APPRECIABLE, BUT WE'RE STILL AT THREE STORIES.
OH, YOU DIDN'T ANSWER HIS QUESTION.
UH, DO I THINK I'D BE ABLE TO VOTE? YES.
YOU FAMILIARIZED YOURSELF WITH THE RECORD.
THEN THERE'S ONE PART THAT I DIDN'T, OF THE TRANSCRIPT THAT I DID NOT FINISH.
SO I HAVEN'T CALLED IN POINT, I THINK FROM THE ORIGINAL PRESENTATION AND FROM THE NEIGHBOR'S COMPLAINTS THAT WERE RAISED.
AND I THOUGHT WHEN THEY FIRST MADE THEIR PITCH, I THOUGHT THEY WERE SYMPATHETIC TO THE NEIGHBOR'S PLIGHT.
UM, IT IS LARGER THAN ANYTHING ELSE THAT'S IN THE AREA.
UM, I HAVE DRIVEN IT SINCE MYSELF ON MULTIPLE OCCASIONS.
I, I KNOW THEY'RE SAYING THERE'S AN ELEVATION DIFFERENCE.
AND IF THAT WERE IN MY BACKYARD, I DON'T THINK I WOULD LIKE IT EITHER.
I JUST DON'T, I THINK THAT IT IS AN IMPACT TO THE NEIGHBORS.
THE ELEVATION DIFFERENCE IS KIND OF ON THE SIDE.
YOU'D HAVE TO GO LIKE IN THE, ALMOST IN THE BACKYARD OF THE NEIGHBORS TO SEE IT.
BUT YOU'RE, YOU, I AGREE WITH YOU.
I HAVEN'T CHANGED MY OPINION FROM LAST TIME.
UM, YOU KNOW, I DO THINK POTENTIALLY THEY'RE RIGHT THAT THIS COULD BECOME A MORE OF A COMMERCIAL DISTRICT IN THE FUTURE, BUT IT'S NOT.
AND YOU KNOW, LIKE, I'M SORRY THAT WE'D BE LOSING IN A BUSINESS THAT HAD BEEN IN THE AREA FOR SO LONG, BUT I THINK WE NEED TO ABIDE BY THE LAW TODAY.
UM, I CAN SAY THAT BY ACTUALLY GOING OUT THERE AND LOOKING AT IT, IT WOULD BE MONSTROUSLY MASSIVE WOULD BE THE TWO WORDS THAT I WOULD USE.
UM, YOU LOOK AT THE FRONT ELEVATION AND THAT'S FINE.
IT'S FINE, RIGHT? WHEN YOU GO TO THE SIDE AND LOOK AND IT JUST GOES ON FOREVER.
THE ELEVATION DIFFERENCES ARE, IN MY ESTIMATION, IMPERCEPTIBLE.
UH, IT'S, IT'S NOT BIG AT ALL.
UM, WE, WE NOTICED ACROSS THE STREET IS THE WESTY STORAGE, WHICH IS THREE STORIES HIGH, AND THAT IS ONE BIG BUILDING.
UM, I COULD SEE THE ARGUMENT ABOUT AN ELEVATION DIFFERENCE IF WE WERE LOOKING AT AN ELEVATION DIFFERENCE SUCH AS ENDICOTT, ENDICOTT AVENUE, UM, WHERE ENDICOTT IS HERE.
AND THE NEXT ONE IS DOWN HERE WHERE THERE'S ALMOST AN IMPERCEPTIBLE DIFFERENCE BETWEEN THE ELEVATION OF THE BACKYARD OF THE RESIDENTS AND OKAY.
THE, UH, UNITED REFRIGERATION.
I JUST WANT TO KEEP CALLING IT UNITED FEDERATION.
UNITED FEDERATION OF FREEZING OR WHATEVER.
BUT, UM, I'M, IT WOULD BE ONE MASSIVE BUILDING.
NO, CHRISTIE, YOU DON'T NEED MY VOTE.
WELL, YOU MAY, WELL, WE NEED SOMETHING FROM YOU.
I WAS GONNA ABSTAIN UNLESS WELL,
WELL, I, I'VE ALWAYS BEEN, NO, SO THERE'S NO MORE DISCUSSION THAN WHAT I SUGGEST IS THAT WE CLOSE IT FOR DECISION ONLY.
MEANWHILE, WILLIAM CAN FAMILIARIZE HIMSELF WITH THE ONE THAT HE MISSED, THE ONE HEARING HE MISSED, SO THAT NEXT TIME WHEN WE ACTUALLY VOTE ON IT, YOU CAN VOTE.
AND THAT'S, THAT'S MY SUGGESTION.
SO THAT WOULD BE CLOSED FOR DECISION ONLY.
[02:10:05]
ALL RIGHT.AND NEXT IS HARTSDALE GREENHOUSES, WHICH WE ALSO KNOW, UM, HAS TO BE PUT OVER.
ARE THERE ANY COMMENTS THAT ANYONE WANTS TO DISCUSS THIS EVENING OR QUESTIONS THAT YOU WANT US TO POSE? WELL, THE WOMAN AT THE WHITE HERE WHO SPOKE FOREVER, CAROL? YES.
SHE RAISED SOME REALLY GOOD POINTS.
UM, YOU CAN'T HELP BUT HAVE YOUR HEART GO OUT TO AVILAS.
UH, THEY SHOWED US AROUND THE PLACE, THEY SHOWED WHERE THEY WERE GONNA MOVE THE WOOD, UM, PROCESSING EQUIPMENT.
UM, BUT IT JUST DOESN'T OVERLOOK THE FACT THAT THEY ARE CREATING A COMMERCIAL, UM, LIKE A COMMERCIAL BUSINESS IN A RESIDENTIAL ZONE, I WOULD CALL IT.
WHAT'S ORGANIC MANUFACTURING IS WHAT WE CALL IT IN WHITE PLAINS.
ORGANIC, ORGANIC MANUFACTURING.
IT'S BASICALLY WHAT THEY'RE DOING.
BRINGING RAW MATERIALS FROM ELSEWHERE ONTO THE SITE AND BREAKING THEM DOWN INTO MULCH LOGS, THAT KIND OF USE, I'M WRITING IT DOWN TOO.
HOW IS THAT ZONED IN WHITE PLAINS? IN WHITE PLAINS A SPECIAL ZONE FOR ORGANIC? NO, NO, THERE ISN'T.
IT WOULD BE A PERMITTED USE IN, UM, LIGHT INDUSTRIAL AREAS, OR IT'S A SPECIAL PERMIT USE IN CERTAIN ZONES.
AND THEN THERE'S A WHOLE BUNCH OF CRITERIA, SPECIAL PERMIT CRITERIA, UM, YOU KNOW, THAT HAS TO BE APPROVED BY THE COMMON COUNCIL IN WHITE PLAINS.
WHAT WOULD BE NEEDED? WHAT WOULD BE NEEDED IN, BUT A RESIDENTIAL ZONE, NO, YOU WOULDN'T BE, IT'S NOT PERMITTED IN A RESIDENTIAL ZONE.
SO LIKE IN WHITE PLAINS, THERE'S A LOT OF ISSUES WITH NURSERIES DOING SIMILAR KINDS OF THINGS, BRINGING IN CONSTRUCTION MATERIAL, BREAKING IT DOWN, TURNING IT INTO MULCH AND, UM, ORGANIC WATER.
THEY EVENTUALLY, THE CITY EVENTUALLY ZONED ORGANIC MANUFACTURING OF RESIDENTIAL NEIGHBORHOODS SO THAT THESE BUSINESSES HAD TO GO BACK TO SELLING.
UM, BUT, BUT IN THE WHITE PLAINS CASE, IT DIDN'T GO BEFORE THE Z B A, SO IT WAS A LITTLE BIT DIFFERENT.
UM, I MEAN, MY THOUGHTS JUST IS THAT, WELL, TWO THINGS.
THERE REALLY WOULD HAVE TO BE A CLEAR, SOMETHING IN THE BUILDING DEPARTMENT RECORD THAT THIS WAS SOMEHOW A PREEXISTING NON-CONFORMING USE.
AND SO, 'CAUSE IF IT'S A PRE-EXISTING NON-CONFORMING USE, THEN THERE'S AN ARGUMENT TO LET THEM CONTINUE THE USE.
BUT IF THERE'S NO
IT'S WHITE MANUFACTURING, ORGANIC MANUFACTURING.
IT'S JUST LIKE A, YOU KNOW, HEAVY KIND OF, YOU KNOW, UM, COMMERCIAL USE OF THE PROPERTY.
SO IF THEY WANT A USE VARIANCE, I THINK THEY WOULD, NUMBER ONE, HAVE TO GIVE US A LOT MORE INFORMATION ON THE FINANCIALS.
AND I THINK IT'S A VERY HARD, LIKE SHE WAS SAYING IN HER, UM, HER CAROL BOOK TO US
AND THERE ARE A LOT OF OTHER USES OF THAT PROPERTY BESIDES WHAT THEY'RE USING IT FOR ACTUALLY WOULDN'T PASS THE FINANCIAL HARDSHIP TEST.
EVEN, EVEN, EVEN IF THEY COULD SHOW THEIR INCOME, THINK OF HOW MUCH THE LAND IS VALUED FOR THAT THEY COULD SELL IT FOR.
SO I EVEN, EVEN IF WE HAD THEIR FINANCIAL RECORDS, I'M NOT SURE THEY WOULD PASS THAT TEST.
BUT THEY COULD HAVE AN OPPORTUNITY TO PRESENT IT.
BUT YEAH, NO, IT'S AS, AS A, NOW THESE NEIGHBORS ARE BE CAREFUL WHAT THEY WISH FOR.
YOU KNOW, THEY'RE GONNA SELL THIS PROPERTY AND THE DEVELOPER'S GONNA COME IN AND BUY IT AND PUT UP A BAZILLION SINGLE FAMILY HOMES AND THEY'RE BACK.
SO YOU WERE DISCOUNTING ALL THE TESTIMONY ABOUT HOW LONG THEY'VE BEEN DOING THAT THERE.
WELL, I WAS THERE AND JUST VISUALLY, THERE IS NO WAY THEY HAVE BEEN DOING THAT SINCE 1955.
I MEAN, THE, THE OPERATION GOING ON THERE IS A, IT'S MASSIVE ED.
AND I DON'T KNOW WHEN THEY STARTED DOING IT.
[02:15:01]
GUESSING IT JUST SORT OF, YOU KNOW, OVER TIME IT KIND OF GOT BIGGER AND BIGGER.THE WAY SHE SAID THOUGH, WAS THAT SHE SAW THAT AS A MEANS OF REVITALIZING YEAH.
BUT THEY DID SAY ORIGINALLY THAT THEY'VE BEEN DOING THE WOOD BUSINESS SINCE, BUT THE WOOD THEY DIDN'T WAS A LITTLE SINCE THE BEGINNING.
BUT THE WOOD WAS A LITTLE DIFFERENT THE WAY THEY WERE DOING IT THEN.
THEY MAY HAVE BEEN CHOPPING DOWN THEIR OWN TREES AND BUNDLING IT, SELLING WOOD WHAT THEY'RE DOING NOW.
I MEAN, IT IS ALL I KNOW, ALL I KNOW IS THAT, UM, WHEN I, 'CAUSE I HAVE FI THREE FIREPLACES IN MY HOUSE AND I USED TO TRY TO GO TO THE BUSINESSES, UH, WHICH IS, UH, WESTCHESTER GREENHOUSES TO BUY FIREWOOD.
AND I COULDN'T BUY FIREWOOD THERE UNTIL AROUND WHEN SANDY STRUCK.
SO I'M ASSUMING THAT IF THE BUSINESS WAS THERE AND THEY WERE DOING IT, CONSIDERING THEY WERE THE SAME BUSINESS.
BUT I ALSO KNOW IN THE 1960S THEY WEREN'T DOING IT.
'CAUSE I WAS THERE IN THE 1960S AS A KID PLAYING ON THE PROPERTY.
SO I KNOW THEY WEREN'T DOING IT IN THE SIXTIES.
I MEAN, IF I HAD TO THROW OUT A NUMBER, I MEAN, IF YOU, IF YOU BELIEVE THE NOVEL THAT WAS WRITTEN, UH, READ TO US
2010, WHICH I WOULD, YOU KNOW, HAVING NO EMPIRICAL EVIDENCE, BUT THAT SEEMS TO BE SOUNDS ABOUT RIGHT.
EVEN UNDER THAT, IT'S BEEN THERE 15 TO 30 YEARS, MAYBE IT'S NOT 60, BUT IT HAS BEEN THERE FOR A VERY, VERY LONG TIME.
AND WHAT THE WOOD, THE WOOD PROCESSING OR BRINGING IN, BRINGING IN WOOD THAT EVERYBODY CHOPS DOWN AND JUST DUMPS THERE SO THAT THEY ORGANIC MANUFACTURING.
IS THAT HOW YOU, IS THAT HOW YOU ENVISION IT'S BEEN GOING ON OVER THAT TIME? I DON'T THINK ANY BUSINESS IS DONE EXACTLY THE WAY IT WAS DONE YEARS AGO.
BUT I'M SAYING NO, NO BUSINESS IS OPERATING THE SAME WAY.
SO I, I DON'T KNOW IF THAT'S A REASONABLE NO, I'M NOT, I'M NOT TALKING ABOUT THE PROCESS.
I'M SAYING HOW THEY DESCRIBE IT NOW.
THEY'RE SAYING THAT ALL THE PEOPLE, LANDSCAPERS AND GARDENERS OUT THERE WHO ARE CHOPPING DOWN TREES, BRING THOSE TREES LOOK, YOU KNOW, AND THEY DUMP THEM THERE AND THEN THEY TURN THEM INTO MULCH OR WHATEVER THEY DO.
IS THAT WHAT WAS BEING DONE OVER THAT AMOUNT OF TIME? WELL, I THOUGHT THEIR BIGGER COMPLAINT WAS THE, UH, QUOTE UNQUOTE SEASONING OF THE WOOD WITH THE WOOD FOR WOOD BURNERS, WHICH DOES NOT APPEAR TO BE ANY, I JUST, MY, MY THING IS I, THE PEOPLE WHO LIVE RIGHT ABUTTING IT, SEEM TO BE IN FAVOR OF IT.
AND THE PEOPLE WHO LIVE A COUPLE OF BLOCKS AWAY SEEMS TO BE AGAINST IT.
THE PEOPLE WHO ARE LIVING, THEY SEEM, I WAS GONNA SAY THE PEOPLE, THE PEOPLE WHO WERE LIVING NEXT DOOR, THEY ARE IN FAVOR ON IT
WELL, BECAUSE THEY HAVE RIGHT.
THEY FIND THAT RIGHT TO BE COMPELLING.
WELL, I, I THINK THAT'S BECAUSE THEY KNOW THAT IF THEY DECIDE TO SELL THE PROPERTY, THERE'LL BE DEVELOPMENT.
AND THEY HAVE WOODS IN THEIR BACKYARD NOW, AND THEY'LL HAVE A HOUSE IN THEIR BACKYARD.
THEY DON'T HAVE WOODS IN THEIR BACKYARD.
WELL, IT'S KIND OF TREES, ISN'T IT? NO, NO, NO, NO.
WELL, THAT'S WHY I HAVE TO DO A SITE SANDWICH STAND BETWEEN THE PARKWAY AND HAVING THEM TALK TO THE NEIGHBORS AND WELL, I THINK THAT I, I THINK WE SHOULD DO A SITE VISIT LIKE WE DID AT SCARSDALE GOLF CLUB WHERE THE NEIGHBORS CAN GO AND IF ANYBODY ELSE FROM THE ZONING BOARD WANTS TO GO, THEY CAN GO AND LET THEM, YOU KNOW, TALK TO THE NEIGHBORS.
BUT I, EVEN IF WE DO ALL THAT, I STILL DON'T KNOW IF THEY'RE GOING TO MEET.
THE CRITERIA, THE HORSE IS OUT OF THE BAR HERE.
WELL, THE, THE USE USE AND, AND THE WAY IN WHICH THEY'RE USING THE USE IS NOT PERMITTED USE.
SO IT COMES DOWN TO, IS THIS WHAT THEY'VE BEEN DOING ALL ALONG AND IT'S BEEN CONSIDERED A PRE-EXISTING NON-CONFORMING USE, THIS IS MY OPINION.
OR DO THEY, CAN THEY TRY TO GET A USE VARIANCE TO DO WHAT THEY'RE DOING IN A RESIDENTIAL DISTRICT? YEAH.
SO THERE WERE SOME QUESTIONS RAISED, I CAN'T REMEMBER IF IT WAS BY DOREEN OR CAROL ABOUT LIKE NEW YORK STATE LAW AND THE LIMITS ON HARVEST AND THAT, LIKE Z B A DIDN'T HAVE JURISDICTION.
I MEAN, LIKE WAS ANY OF THAT LIKE CONJECTURE OR JUST FACTS? YEAH, BECAUSE THAT I I'M ASSUMING IT WAS ALL CONJECTURE.
WELL, THEY PROBABLY GOT THAT FROM ELLO WHO'S USUALLY PRETTY YEAH.
[02:20:01]
DISCRETION NOW.YOU COULD, YOU COULD GRANT IT AND THE NEIGHBORS COULD, COULD APPEAL AND YOU COULD BE OVERTURNED.
BUT YOU KNOW, THEY, THEY APPEAR TO HAVE WON OVER AT LEAST ONE OF THE NEIGHBORS, ONE OF THE, THE BIG OBJECTORS FROM TWO MONTHS AGO.
UM, DO YOU WANT TO ALLOW THAT PROCESS TO PLAY ITSELF OUT? AND THEN YOU'D BE IN A SITUATION WHERE YOU MIGHT HAVE A MODICUM OF CONSENSUS BECAUSE THEY'RE NOT GONNA WIN OVER EVERYONE.
CERTAINLY THERE ARE A FEW PEOPLE THAT WILL NOT AGREE TO ANYTHING EVER.
UM, NOT EVEN CHRISTMAS TREES EVER.
BUT CHRISTIE IS TERRIBLE TO SAY, BUT I FELT LIKE THEY WERE THREATENING US.
I I JUST, IT FELT VERY UNCOMFORTABLE.
UH, FELT LIKE WHO WAS THREATENING WHOM? UM, THE WOMAN WHO SPOKE FOR 45 MINUTES.
UM, OH, YOU MEAN THE OWNER? NO, I THINK CAROL, SHE'S TALKING CAROL THE, THE CAROL.
AND THERE WAS, UM, THE WOMAN WHO HAD SPOKEN AT THE, UM, AND ALSO AT, AT THE PREVIOUS ONE, UM, REPRESENTING THE COMMUNITY.
UM, THE PRESENTATIONS, I, I FELT THREATENED.
WELL, THERE'S NO, SO MAYBE THAT'S WHAT'S COLORING MY RESPONSE.
THEY'RE BOTH VERY, VERY PASSIONATE.
PASSIONATE, UM, AND, AND DO A LOT OF GOOD FOR THE COMMUNITY.
AND I JUST, I THINK THAT THEIR PATIENCE IS PROBABLY RUNNING THIN.
I DON'T THINK THEY MEAN TO, I DON'T THINK THEY MEANT TO THREATEN ANYONE.
WELL, SCHOOLED IS A, IS THE RIGHT YEAH.
OH, WE'RE ONLY THE ZONING BOARD.
SO, UM, NO, BUT THEIR PASSIONATE PLEA DIDN'T BOTHER THE, THE LAST PRESENTER, THAT COMMENT ABOUT SEACO ROAD AND TRAFFIC, THAT WAS ONE OF, THAT MADE THE MOST SENSE TO ME BECAUSE I DID ASK THE OTHER QUESTION, IF THEY TURNED OFF THESE OVENS AND THESE SMELTERS, WOULD YOU HAVE A PROBLEM? AND EVEN THE NEIGHBOR WHO DID HAVE A PROBLEM, SHE WAS LIKE, NO.
SO IT'S REALLY KIND OF A PENDULUM THAT THOSE ARE TWO COMPETING VALUES THAT WHAT YOU REALLY CAME IN HERE TO COMPLAIN ABOUT WAS YOUR ASTHMA AND NOT THE SMELLS.
AND IT WAS, YOU KNOW, JUST TERRIBLE.
BUT NOW YOU BRING UP THE TRAFFIC CONCERN TO ME, THAT NOW CREATES A VERY VALID POINT ON THAT ROAD, MINUS THE BICYCLISTS AND THE KIDS JOGGING AND RUNNING.
BUT THAT, THAT, THAT IS A TOUGH ROAD.
IF YOU HAVE TRACTOR TRAILERS COMING THROUGH HARTSDALE AVENUE AND WELL, THEY'RE NOT TRACTOR TRAILERS, BUT YET WELL, IF THEY'RE CARRYING LOGS, HMM.
WELL, THEY'RE NOT DOING IT RIGHT NOW, BUT THEY'VE BEEN DOING IT FOR AT LEAST 10 YEARS.
BUT IF THEY WERE TO CONTRACT WITH ASLU, WHO'S TAKING DOWN LARGE PINES OFF A PROPERTY THAT ARE NOT PRE-CUT, YOU'RE NOT BRINGING THAT IN ON A BACK OF PICKUP.
AND IF IT WERE OPEN, THERE'S, AND AGAIN, THAT'S WHY I SAID IF THERE WERE STIPULATIONS THAT WERE BEING PUT IN, WHAT WOULD MAKE IT PALATABLE, BUT A LOGGING BUSINESS, WHAT HAPPENS TO ALL THE POLES THAT THEY'RE TAKING DOWN NOW? RIGHT NOW? MM-HMM.
AND THEY'RE BETWEEN, THEY'RE REALLY, WE'RE FACING A LOT OF THEM.
WELL, 'CAUSE THEY, PEOPLE ARE RUNNING INTO THEM LEFT AND RIGHT.
SO VERIZON RISING? NO, THEY'RE
IS THAT WHY? BECAUSE THE WEATHER RUNNING, IF YOU GO TO JACK, NO, IF YOU GO TO JACKSON AVENUE, EVEN ON NINE A RIGHT THERE IN ARDSLEY, UM, THERE ARE AT LEAST TWO OR THREE THAT ARE JUST LIKE LITERALLY SNAP IN HALF AND THE WIRES ARE JUST HOLDING IT UP.
UM, AND THERE WAS ACTUALLY ONE ON SEACOR AND ONE ON ASHFORD THAT WERE JUST REPLACED.
SO, UM, WHAT'S HAPPENING IS VERIZON HAS TAKEN A VERY BIG RESPONSIBILITY AND TAKEN A LOT OF WEIGHT OFF OF CON EDISON AND THEY'RE HARVESTING THEM.
SO THOSE THAT CAN BE REUSED OR CUT INTO SMALLER PIECES HAVE BEEN.
BUT THERE IS A VERY BIG RECYCLING BUSINESS FOR THAT OLD TIMBER BECAUSE IT'S, I FIGURED IT'S GOOD NOW.
BUT THAT IS A VERY BIG, THAT'S WOOD.
THAT'S DEFINITELY KILN TREATED THOUGH.
IT'S, IT THE TEST OF, OF TIME.
IT'S LIKE, YOU GOTTA SEE THESE WOOD OVENS.
I, I WAS LIKE, I SAID TO HIM, IT LOOKS LIKE I, I'M JEWISH.
I WAS LIKE, OH MY GOD, THAT LOOKS LIKE A FREAK CONCENTRATION.
[02:25:01]
FROM THAT TO NOW HAVING OIL BURNERS.I MEAN, YEAH, NO, THAT'S NOT GOOD EITHER, BUT, WELL, THE ONLY OTHER THING THAT I DID LOOK AT, WHICH I WOULD HAVE TO GO BACK OUR ZONING, I DON'T GET IN TROUBLE, BUT THERE IS A VERY LARGE GROWING, UM, POPULACE.
YOU PROBABLY SHOULDN'T SAY THIS RIGHT NOW, BUT, UM, CANNABIS GROWERS, AND THIS WOULD BE A PRIME LOCATION.
THEY'RE ARE THEY? I I DIDN'T, I I'M NOT PUTTING TO THE EITHER IT COME FROM EITHER.
I'M JUST SAYING, WHEN I SAW ALL OF THE PLANTINGS AND PLANTERS THAT THEY HAD, I WAS LIKE, AND THAT COULD BE GROWN ON SITE.
THAT WOULD BE HORTICULTURAL PRODUCTS.
AND DO WE HAVE A PROBLEM WITH THAT? LONG AS THEY DON'T, WELL, THE, THE SMELL MIGHT, YOU KNOW.
THAT, THAT'S NOT A PERMISSIBLE USE IN THE, UM,
YOU SHOULD TALK TO, TO MY NEIGHBOR.
WE DIDN'T THINK YOU WERE LISTENING.
AS LONG AS THEY DON'T BURN 'EM, MY MY CONCERN IS THAT THIS APPEARS TO BE, AND THEY CAN JUST MOVE RIGHT OVER THE HORTICULTURE, IF YOU WANT TO CALL IT THAT, AND REALLY MAKE THIS BLOSSOM BECAUSE IT, YOU KNOW, IT GOING BY THE LITTLE INFORMATION THAT WE'VE GOTTEN FROM PEOPLE.
IT'S HARD TO FIND PLACES WHERE YOU CAN BUY WOOD.
AND THE FIREPLACES ARE REALLY IN VOGUE NOW.
AND I'VE GOT TWO ALSO, UH,
BUT LIKE, YOU CAN'T GO THERE AND BUY WOOD.
THEY'RE LIKE A MAJOR WHOLESALE OPERATION.
YOU KNOW, IT'S NOT LIKE THEY DON'T DO RETAIL SALES.
IT'S NOT LIKE YOU OR I COULD GO THERE.
SO WHY, WHY ARE PEOPLE PICK UP SOME WOOD WHY CAME HERE AND REPRESENTED THEMSELVES SAYING THAT IN ORDER FOR US TO FIND WOOD FOR OUR HOME HAVING DELIVERED, WE HAD TO GO THERE AND GET IT.
I'M SURE THEY GO AND GET IT BEFORE THERE.
YOU, YOU GOTTA SEE LIKE, NO, THEY'RE TALKING ABOUT HAVING IT DELIVERED.
THERE'S NOBODY'S GETTING THESE PEOPLE, THESE PACKAGES OF WOOD ARE PALLETS.
SO IN OTHER WORDS, THIS IS THE COSTCO, BIGGER PALLETS.
THEY'RE PROBABLY DELIVERED TO, THESE ARE LIKE PLACES THAT ARE LIKE DELIVERED NOT TO COSTCO.
'CAUSE I ACTUALLY ASKED LIKE, DO YOU SELL LIKE TO HOME DEPOT? LIKE, WERE YOU, BUT THESE ARE LIKE MASSIVE BIG THINGS OF WOOD.
YOU KNOW, THERE'S PROBABLY CORDS OF WOOD THAT GET DELIVERED.
WHICH IS GETTING, THEY'RE GETTING, THEY'RE GETTING, THEY'RE GETTING, IT'S LIKE A LITTLE TREES DELIVERED.
AND THEY'RE MAKING IT INTO LOGS.
AND THE SIZE OF THESE THINGS ARE MASSIVE.
I QUITE FRANKLY, I WAS DIDN'T, I DON'T EVEN KNOW HOW THEY MOVE THEM, HOW THEY GET THEM TO, HOW THEY'RE ALL PACKAGED.
LIKE, IT, IT, IT WAS QUITE AN OPERATION.
I'D LIKE TO SEE YOU REMEMBER LIKE THE THINGS THEY WERE IN THE WHOLE OPERATION.
EVEN THOUGH MACHINES THAT GET PALLET, BUT THEY'RE HUGE PALLETS.
I CAN'T EVEN, AND THEN THEY WOULD, TAKING DOWN THESE QUESTIONS, SHE WANTED, WANTS TO KNOW HOW THEY GET THE, THE, THE WOOD INTO THESE
I WOULD LIKE THE DEMONSTRATION ZONING BOARD'S LETTER TO THEM.
WELL, I HAD A QUESTION ABOUT THE HISTORY OF THE PROPERTY AND WHETHER YEAH.
YOU KNOW, ABOUT THE NON-CONFORMING, PRE-EXISTING, NON-CONFORMING AND OTHERWISE, I DON'T REALLY HAVE ANY OTHER, THAT ONE.
THAT WAS, THAT'S WHAT MADE ME THINK ABOUT IT.
WHAT I FIND COMPELLING HERE AS OPPOSED TO THE FIRST ONE, ISN'T THE FIRST ONE, THEY'RE, THEY'RE NOT WILLING TO DO ANYTHING.
AND THEY'RE BOTH, THEY'VE BEEN HERE FOR THIS ONE.
THEY'RE SAYING, WHAT CAN WE DO TO MAKE IT WORK? JUST, WE JUST WANNA USE OUR LAND FOR THIS PURPOSE.
I'M JUST NOT SURE THE, THE GREENHOUSE THEY CAN DO ANYTHING.
I, I GUESS IF THEY'RE TRYING TO LEGALIZE WHAT THE, WHAT WAS BEING DONE FOR THE LAST 20 YEARS THAT NOBODY BEFORE THEM GOT A PERMIT FOR.
I WANTED TO KNOW, WELL, TWO THINGS I WANTED TO KNOW.
HOW LONG HAD IT BEEN SINCE THEY DID HAVE AN INSPECTION WHERE THE STATE TOLD THEM THAT YOU HAVE, YOU'RE IN VIOLATION BECAUSE YOU HAVE TOO MUCH OF SOMETHING.
WHAT'S THE MEASURE OF TOO MUCH? I HAVE NO IDEA.
AND TOO MUCH OF THIS VERSUS TOO MUCH OF THE CORDAGE OR TOO MUCH OF WHATEVER ELSE.
LOU, DID YOU HAVE YOUR HOUSE WHEN ALFREDO'S WAS ON, UH, HILLSIDE AVENUE? YES.
DO YOU REMEMBER THE BUGS WE HAD FOR TWO YEARS? THAT CAME FROM PENNSYLVANIA WHEN ALFREDO STARTED BRINGING IN WOOD.
AND THAT'S WHY I SAID WITH THE ENVIRONMENTALISTS, WE HAVE, UH, EMERALD ASH FOR BEETLE AND THERE'S A BUNCH OF OTHERS.
SO IN OUR PARKS, WE DON'T ALLOW ANY OUTSIDE WOOD.
THAT HAS NOT COME FROM WESTCHESTER COUNTY OR FROM PARTICULAR AREAS.
[02:30:01]
IT WAS UNION.WELL, WHAT'S INTERESTING IS THE 57 ORDINANCE PROVIDES THAT FOR A FARM AT LEAST 50% OF THE WOOD OF THE PRODUCTS THAT ARE SOLD HAVE TO BE GROWN ON THE PREMISES.
AND THE OTHER 50%, THE MAJORITY HAS TO COME FROM THE TOWN OF GREENBURG.
WE CERTAINLY HAVE A LOT OF TREES NOW,
PEOPLE ARE BUILDING AND THEY'RE CUTTING DOWN TREES AND THEY'RE PUTTING UP NEW TREES AND, AND THE STORM HAS HELPED A FEW
ALRIGHT, SO WHAT DO WE WANT TO DO? I THINK CHRISSY SAYS WE NEED TO GO SEE IT.
I THINK, I THINK THAT'S DEFINITELY CHRISTIE'S SEEN IT, BUT DIANE WANTS TO SEE IT.
UM, THEN THERE WERE, THERE WAS I, I'LL SEE IT.
THERE WERE QUESTIONS AROUND THAT.
THEY HAVE A WHOLE BUNCH OF VARIANCES.
LIKE THEY STARTED LISTING THEM AND STUFF ON THE, THE PROPERTY.
THEY TRIED TO GET A VARIANCE, BUT THEY DON'T HAVE THEM.
THEY DIDN'T, THEY, I THINK THEY WITHDREW IT.
'CAUSE IT WAS LOOKING LIKE, SO THEY DON'T HAVE ANY TODAY, BUT I THINK THAT HAD TO DO WITH A DIFFERENT ISSUE THAT THEY EXPLAINED.
IT'S JUST THEY WERE USING NUMBERS.
COMMERCIAL WAS PARKING OF TRUCKS WITH THE PARKING OF TRUCKS.
SO YEAH, THEY JUST WANNA USE THE LAND THAT THEY HAVE.
WELL, THEY COUNTY THEY MUST HAVE BEEN LEASING IT OUT AND THEN THEY TERMINATED THE LEASE AND TOLD THEM THEY HAD TO GET OUT.
BUT THE, THE, THE LISTING OF, UM, OF APPLICATIONS OR OF OF INSPECTIONS USE, USE VARIANCES WAS THE ONE WHERE 10 10 10 DASH 10 DASH FIVE WAS PART OF.
AND THAT WAS WHAT IS CAROL THE ONE WITH THE RIGHT HERE? OH, YEAH, YEAH, THAT'S WHAT I WAS TALKING ABOUT.
I WROTE A DOWN, IT WAS THE ONE WHO WAS READING OFF ALL OF THESE USE VARIANCES THAT HAD BEEN APPROVED OH.
OF OTHER MATTERS FOR OTHER, THE OTHER ONES.
THE ONLY ONE THAT SHE SAID WAS FOR THIS ONE WAS 10 10 DASH FIVE.
AND DO YOU WANT TO PUT IN THE LETTER AN ENCOURAGEMENT TO MAKE THEMSELVES AVAILABLE TO THE NEIGHBORS, WHICH THEY ARE WILLING TO DO? YEAH, LET'S GO TOMORROW.
SO I THINK THE ONE THAT WAS, UH, WHO, WHO ACCUSED THEM OF DIVIDING THE NEIGHBORHOOD WAS THE ONE WHO WAS DIVIDING THE NEIGHBORHOOD.
ALL RIGHT, SO WE'RE ON TO CYNTHIA MARIE DOMINGUEZ.
IT LOOKS, I THINK HER PLACE LOOKS SO MUCH NICER THE WAY SHE DID IT.
IT REALLY, I THINK SHE DID A MARVELOUS JOB.
I I HOPE THEY WERE, SHE WAS ALMOST AS GOOD AS THE GUY WHO SAID, I DON'T NEED ANYTHING AROUND MY POOL.
THE ONE THING GARRETT ASKING GAR NO, YOU'RE WRONG, GARRETT.
SHE, SHE SAID AT ONE POINT, YES, I'M LISTENING THAT THEY HAD REDUCED THE NUMBER OF VARIANCES TO TWO.
I THINK SHE BECAME CONFUSED BECAUSE THEN SHE WENT ON TO DESCRIBE, UM, ONE OF TWO VARIANCES.
I ONLY HEARD, I ONLY HEARD THE TWO.
SHE SAID, SAID TWO, BUT THEN LATER ON 13, SHE CORRECTED HERSELF.
BECAUSE I WAS PUTTING MY HAND UP.
I COULDN'T, PREVIOUS THERE WAS SO, YOU KNOW, YOU'RE SO GOOD.
SHE HAD WALKED US THROUGH ALL THREE VARIANCES.
IT, ON THE NEW ONE THAT GARRETT SENT HAS THE 47, IT WAS THE IMP I MEAN, FOR FOOT SURFACE THAT SHE NO, YOU HAVE THE IMPERVIOUS SURFACE, THE MAXIMUM FLOOR AREA RATIO, AND THEN THE, AT LEAST IN THE, IN THE AGENDA IT SAYS TO REDUCE THE PATIO SETBACK TO THE REAR PROPERTY LINE FROM 10 FEET TO 4.07 FEET.
YEAH, THAT'S, THAT'S, THAT'S CORRECT.
THAT'S CONSISTENT WITH THE, UH, BUILDING INSPECTOR'S LETTER.
JUST WANTED TO MAKE SURE THAT JULY, THAT'S WHERE JULY SHOW.
YEAH, LIKE, AND CHRISTIE ALREADY STARTED WORKING ON THIS ONE.
SO
[02:35:04]
SO IT, IT IS ONE OF THOSE OTHER ONES WHERE IT'S GOOD TO SEE THE SITE, UM, BECAUSE APPARENTLY THEY WERE THE PREVIOUS OWNER OF THIS HOUSE HAD ASPHALTED, LIKE WHATEVER WAS GRASS.WE'VE GOT A BUNCH OF THOSE UP AND DOWN THE HARAY ROAD.
AND I, I, THEY FIGURED, WELL, FINE, OF COURSE THEY DON'T WANT THE ASPHALT, BUT IF IT WAS APPROVED OR, UM, OKAY.
IN THE PAST IT CAN BE OKAY IN THE FUTURE, WE JUST NEED TO, YOU KNOW, GET THE Z V A TO APPROVE IT.
BUT IT'S ALMOST LIKE IN A, WHAT DO WE SAY, A COMPLETE GUT, RIGHT? OH, THEY TORE THE WHOLE HOUSE DOWN TO THE FOUNDATION.
FOUNDATION AND RE AND REBUILT IT.
THAT'S WHY IT SAYS TO ALTER AND LARGE, MORE THAN 75% OF THE EXISTING RESIDENCE.
SO GETTING RID OF THE ASPHALT AND JUST LEAVING THE, UH, RING AROUND THE POOL AND THE PERGOLA IN THE OUTDOOR KITCHEN, UM, IS AN EASY FIX FOR THEM.
SO NOW WE ALL KNOW THAT PEOPLE CAN, YOU WANT ME TO HAND WRITE THIS OUT? THINGS BACK? I'M GONNA KILL YOU.
WHAT DID YOU USED TO DO? BUT I HATE IT.
IT'S SO MUCH EASIER TO TYPE I TO FIX IT.
ISN'T IT SO MUCH BETTER WHEN IT'S TYPED UP? I DON'T, I STILL DON'T GET IT.
WHEN YOU DO IT AT THE MEETING YEAH.
AND YOU READ IT, THEN THERE ARE, OR VERY OFTEN IF THERE'S A MISTAKE IN THERE AND IF YOU'RE REFERRING TO THE WRONG THIS OR THAT.
WE'LL CORRECT IT RIGHT THEN AND THERE.
INSTEAD OF WAITING FOR IT TO COME IN.
I HAD ONE COME IN, ONE DECISION CAME IN.
WAIT, ARE YOU DOING THE CHURCH? THE CHURCH? YEAH.
DID WE, DID WE DISCUSS THE CHURCH YET? ALRIGHT, WE DISCUSSED IT.
I WAS GOING ASK IF THAT ALL IN IMPERVIOUS SURFACE IF THEY GOT, YOU KNOW, NO PARKING LINES.
THEY, I A LITTLE ASPHALT HERE A LITTLE BIT.
BUT THIS IS THE WRONG DATE, RIGHT? HE'S TALKING ABOUT THE STEPS.
HUH? THE STEPS LOOK GREAT TO ME.
OH, THEY DID NOT, THEY DID LOOK NICE.
OH, THAT OLD STONE WAS NOT SLAMMED.
SO CHANGE THE DOOR, LET THE DOOR OPEN IN AND PUSH A PEW PEWS FOR YOU CAN'T DO THAT.
PEOPLE WILL BE TRAPPED IN THE CHURCH.
THE DOORS OPEN, YOU KNOW, REMEMBER THE OLD GANG? YOU KNOW, HERE'S THE CHURCH, HERE'S THE PEOPLE.
OPEN THE DOORS AND SEE THE PEOPLE.
YOU GUYS, OKAY, SO THAT'S A YES TOO.
YOU WANNA DO A YES TO THAT ONE? ARE WE, ARE WE ALL IN AGREEMENT ON THAT ONE? WE'RE WAITING FOR? I'M A YES.
THE SEVENTH DAY ADVENTIST TREE.
TWISTED, TWISTED MY ARM INTO SAYING YES.
I, I, I DON'T KNOW, I THINK I KIND OF LIKE ALREADY TOLD HIM IT WAS A YOU DID, YOU DID A HOME RUN, BUT NOW YOU'RE MAKING IT, UH, BETTER STOP.
YOU BETTER STOP BROADCASTING
SO WE HAVE A STRAW VOTE ON, UH, 2316 TO GRANT.
AND I GUESS 2315 AS WELL SINCE ALREADY.
AND I HAVE NOTHING TO DO WITH THE LAST ONE.
NOW I'M, I I WILL, I DO HAVE SOME COMMENTS THAT I WAS, NOT THAT BECAUSE HE'S ON HERE, BUT I'VE BEEN THINKING ABOUT THIS THING.
THEY'RE TRYING TO PASS LAWS NOW ABOUT THESE, UH, ADUS AND WHAT ARE WE TALKING ABOUT? WIPE OUT TO SOME EXTENT ONE FAMILY'S, DEPENDING ON WHERE THE PROPERTY IS LOCATED TO TRY TO DEAL WITH THE POPULATION EXPLOSION WE'RE HAVING.
AND I, AND I, YEAH, MY, THEY'RE CO UP S ARE COMING, GREW UP.
WELL, I GREW UP AFTER I WENT TO HIGH SCHOOL IN PARKWAY HOMES.
AND, UM, IN FACT, I'M STILL THERE NOW.
BUT THERE, AND MY MOTHER WAS A JUST, IT WAS JUST HER BY HERSELF.
'CAUSE I WASN'T THERE ALL THE TIME.
AND THEN SHE GOT A TO, SHE GOT A, A BORDER AND THE WOMAN JUST STAYED IN ONE OF THE BEDROOMS ON THE FIRST FLOOR.
I DIDN'T EVEN THINK ANYTHING OF IT.
[02:40:01]
SHE WAS THERE FOR YEARS.BUT I WAS JUST SAYING THAT WAS, OF COURSE, THIS IS BACK IN THE FIFTIES, IT WAS SOMEWHAT COMMON TO DO THINGS LIKE THAT BECAUSE THE HOUSES HAD A LOT OF ROOM IN 'EM AND PEOPLE DIDN'T ALWAYS NEED IT.
THAT'S, THAT WAS THE WIDOW'S BUSINESS.
FOR, YOU KNOW, THEY HAD BASICALLY, YOU KNOW, THEY DIDN'T GIVE THEM KITCHENS OR ANYTHING.
IT WAS JUST, THEY WOULD ACTUALLY FEED THEM.
WHO'S WRITING? WELL, NO ONE'S EVEN TALKED ABOUT IT.
NO ONE'S MENTIONED IT OR TALKED ABOUT IT YET.
THE CHURCH? YEAH, WE JUST DID THE CHURCH.
LOU WAS ASKING ABOUT HE WRITING IT UP.
OH, I THOUGHT YOU ARE THOUGHT I NOT THOUGHT LOU WAS GONNA WRITE THAT YOU YEAH, YOU ARE
YOU'RE, CAN I HEAVY YOU ARE START, YOU'RE SOUNDING MORE AND MORE LIKE ROWING ALL THE TIME.
ANY, ANYTHING TO GET NOT TO, RIGHT? UH, SO OH, YOU'RE GOING HANDING THAT TO IF WE HAVE IT.
THAT'S, I DIDN'T BRING MY GLASSES.
THAT'S WHAT I'M WELL, HERE'S A PEN.
YOU CAN, HERE, HERE'S GLASSES.
IT'S, IT'S NOT EVEN A SO YOU'RE, BUT KRISTY, YOU'RE WRITING THIS BY HAND? NO, SHE TYPED IT.
SHE TYPED IT BE, I MEAN, I'M SORRY.
LOU, I'M WRITING THIS BY HAND.
SHE WAS TYPING IT BECAUSE I, IF I TYPE IT, HOW DO I GET IT TO HIM? YOU EMAIL IT.
ISN'T THERE A PRINTER HOOKED UP THAT YOU CAN GO ONLINE AND, AND YOU COULD PUT WORD.
I'LL GIVE YOU, I'LL LET YOU INTO MY, NOT MY OFFICE.
YOU'LL NEVER, YOU'D NEVER COME IN AGAIN.
YOU KNOW I DO THEM ON MY PHONE, ON WORD, ON MY PHONE.
I TYPE 'EM ON MY PHONE WHEN THEY SEND YEAH.
YEAH, YOU COULD DO IT ON YOUR PHONE IF YOU HAVE WORDS.
CAN YOU SEND THIS DOCUMENT VIA EMAIL RIGHT NOW? LIKE IF YOU SEND ME GARRETT, SEE, LIKE SHE DID HALF OF IT.
SO I WOULD USE WHAT'S WRITTEN THERE, BUT I WANNA RETYPE IT THEN.
BUT THEN I HAVE TO LIKE, THEN IT'S IN TWO PLACES.
SO I'M GONNA EMAIL THE BOARD, UM, A SYSTEM, ALL OF THESE WRITEUPS THAT KIRA HANDED OUT.
AND THEN IF THAT HELPS YOU, UM, THAT'S GREAT.
YEAH, I THOUGHT WE HAD, HE WROTE THE MOTION, THE FINDINGS.
THEY, NOW THE ONE THING ON, ON UH, GREATER NEW YORK, THE, THE, THE SEVENTH DAY ADVENTIST, THEY SAID IT WAS A VERY SMALL INCREASE THE, THE PLATFORM.
AND YET IT SEEMS TO BE GOING FROM 40% TO 55%.
IS THAT THE, IS THAT THE FINAL FIGURE? I BELIEVE HE SAID THAT.
HE DIDN'T SAY, I DIDN'T HEAR HIM SAY 55%.
HE, WHAT HE SAID WAS, AND IT WAS ONLY 65 SQUARE.
WHAT HE SAID WAS THAT THE ACTUAL INCREASE IN IMPERVIOUS SURFACE, BECAUSE THEIR PROPERTY EXTENDS INTO THE RIGHT OF WAY INTO THE ROAD ITSELF.
AND SO THEREFORE THE, THAT STREET, BASICALLY THE STREET IS THEIR PROPERTY.
AND THEY FOUND THAT OUT WHEN THEY DID A SURVEY.
SO THAT'S COUNTING COUNTED AS PART OF THEIR IMPERVIOUS SURFACE.
SO THE ACTUAL NEW SURFACE AREA THAT THEY'RE ADDING WAS ONLY 65 SQUARE FEET.
AND IT DOESN'T, OH, HERE, WAIT A MINUTE.
THAT'S THE ONE, THE ONE THING THAT THEY DON'T HAVE THE EXISTING.
IT'S FROM 40.75 PERMITTED TO 55%, UH, PROPOSED.
BUT IT DOESN'T SAY WHAT'S EXISTING THERE.
NOW DOES IT HAVE IT ON THE PLANS? NO, IT'S SORT OF, OH, LOOKS LIKE 50.
THEY WOULDN'T WANNA MAKE IT AN INCH BIGGER THAN THAT.
'CAUSE THEY WOULD LOSE A PARKING SPACE.
AND THAT'S THE HANDICAP SPACE.
THEY MIGHT HAVE IT ON THE PLANS.
IF THEY STRIPE THE HANDICAP SPACE, THEY'RE GONNA LOSE FOUR PARKING SPACES.
ALRIGHT, SO IN ANY EVENT, WE'RE GRANTING THAT.
NOW LET'S GO TO, AND YOU CAN'T
[02:45:01]
SPEAK, I'M, I DIDN'T SAY A WORD.BAYLOCK, HOW MANY PARKING SPACES DOES HE HAVE? HE HAS THE GARAGE AND TWO, HE HAS ONE IN THE, THAT'S WHAT I THOUGHT THERE WERE.
I THOUGHT TWO SPACES AND THEN THE GARAGE TO, YEAH, THERE'S A GARAGE SPACE IN FRONT OF THE GARAGE AND A SPACE NEXT TO THE, THAT'S WHAT HE SHOWS ON THE PICTURES.
ALRIGHT, WHAT'S THE REQUIREMENT FOR, UM, GARRETT? THE, UH, FOR THE BORDER ONE FOR THE BOARD.
YOU REPORT HAVE TWO I BELIEVE.
WHAT THEY HAVE, I CHECKED AS PARKING.
I CHECKED THE PARK REQUIRES THE COMPLIANCE.
SO WE, THEY THEY MEET ALL THE REQUIREMENTS.
SOMEBODY I'LL, SOMEBODY SHOULD ASK FOR A STRAW VOTE ON THIS.
OH, CAN WE TAKE THE STRAW? THE LAST BY STRAW VOTE FOR, FOR SHANA.
JUST PUT YOUR THUMB UP IF YOU'RE MUTED.
THE FACT THAT HE MADE THE HOUSE BY HIMSELF IS, I FOUND REALLY IMPRESSIONS.
HE DIDN'T THAT HE WANTS TO KEEP IT.
HE DOESN'T, THIS ISN'T, THIS IS SOMEBODY WHO REALLY LOVES THE HOUSE.
HE THAT'S I THINK HE SAID HE DID.
SO YOU'RE ASSUMING THAT HE WITH HIS OWN HAND AND HE IS AN ELECTRICIAN.
HE DOES, HE BOUGHT THE LAND AND HE BUILT THE HOUSE.
USUALLY WHEN SOMEBODY SAYS, I BOUGHT THE PROPERTY AND I BUILT THE HOUSE.
THAT'S NOT, DIDN'T SEEM TO BE WHAT HE WAS SAYING THOUGH.
WHEN YOU SAY YOU BUILT YOUR LOG CABIN, YOU ACTUALLY BUILT YOUR LAWN.
SO I, ARE YOU CHANGING YOUR VOTE OR NO? YES, YES.
CHRISSY'S GONNA START GOING? NO, I DON'T HAVE TO WRITE ANY ABSTAIN.
SO, UH, WHO WANTS TO WRITE THAT UP? I HAVE ONE QUESTION ON THIS ONE.
YEAH, BECAUSE HE DID ACTUALLY ADMIT THAT HE HAD, UM, LIMITED KITCHEN FACILITIES DOWN THERE WITH THE REFRIGERATOR.
AND UH, LIZ, UH, I THINK WHAT DEFINES A KITCHEN IS A, A STOVE.
THE EXISTING OF SECOND REFRIGERATOR WOULD, WOULDN'T CONSTITUTE A KITCHEN.
WAIT, SAY THAT AGAIN? I SAID A SECOND.
REFRIGERATOR WOULDN'T CONSTITUTE A KITCHEN.
AND HE SAID HE DID NOT HAVE A STOVE, I BELIEVE.
'CAUSE IT SAYS RENTED QUARTERS, PROVIDED FOR RUMORS SHALL NOT BE PROVIDED WITH SEPARATE COOKING FACILITIES, INCLUDING STOVES, OVENS AND REFRIGERATORS.
HE SAID HE HAD ONE OF THOSE SMALL LITTLE FRIDGES.
I, I JUST DON'T KNOW IF WE SHOULD PUT IT IN IN THERE THAT LIKE, THEY ASKED TO TAKE IT OUT THAT WELL OR, YES.
UH, GARY, WERE YOU SENDING 2316? YEAH.
WHAT I SENT OUT WAS MULTIPLE FILES.
UH, AND I BELIEVE, UH, GARRETT SAID HE HAD A, A MOTION ALREADY DONE, OR KIRA, KIRA PREPARED THAT.
AND KIRA ALSO HAS SUBMITTED, UM, DISTRIBUTED HARD COPIES TO MEMBERS.
DO YOU WANT TO GIVE THAT TO WILLIAM TO, UH, LOOK OVER? I WILL SAY, SOMEBODY SAID THAT, YOU KNOW, WE'LL ASK HIM TO TAKE OUT THE REFRIGERATOR AND, AND HE WON'T.
THIS GUY VOLUNTARILY CAME TO US WITH NOBODY.
YOU KNOW, AS LOUIS SAID, YOU KNOW, THE MOST HONEST PERSON WE'VE EVER HAD COME.
I DON'T, I I MEAN I THINK IT'S RIDICULOUS, BUT IT IS.
I'M JUST THINKING LIKE IT IS THE LAW.
LIKE DO WE PUT IT IN THERE? THAT'S ALL.
BUT THERE'S REFRIGERATORS AND THEN THERE'S THESE LITTLE THINGS THAT KIDS HAVE IN THEIR DORM ROOMS THAT ARE NOT REALLY, YOU KNOW.
[02:50:11]
COMING IN MY GLASSES.YOU DON'T HAVE ANY MORE FOOD UP THERE, DO YOU?
CHRISTY, YOU'RE GONNA THANK ME TOMORROW.
YOU DON'T HAVE TO THINK ABOUT IT.
WE ARE NOT GONNA THANK YOU TODAY.
WHEN YOU, ONCE YOU LEAVE HERE, YOU DON'T HAVE TO THINK ABOUT IT AGAIN.
IT'S GOING IN LA GAR, RIGHT? LA GARBAGE.
UH, OKAY, I DIDN'T GET VERY FAR.
DOES IT NEED TO SAY IT'S A SPECIAL USE PERMIT OR YES.
YOU'RE, YOU'RE, IT DOESN'T SAY THAT.
WHERE DO YOU HAVE AN EXTRA CO ANOTHER COPY? YEAH.
OH, YOU DON'T, YOU THINK I MAY NOT REQUESTED.
VARIANCE IS, OH, REQUESTED VARIANCE IS OKAY.
REQUESTED VARIANCE FOR THE MAP.
WELL, APPLICATION AND CASE NUMBER IS PROBABLY ENOUGH.
AND THAT WOULD BE EXTENDED TO JUST, AND SHOULD HE SELL WHOEVER THE CASE MAY BE.
OKAY, I'M GONNA WRITE THIS AND YOU'RE NOT GONNA BE ABLE TO READ IT.
I PUT MY OWN LANGUAGE IN THERE.
NO, IT DOES SAY, BECAUSE THIS IS A SPECIAL PERMIT.
NUMBER TWO, JUST THINK, EVE, IF YOU WOULD ALLOW THE APPLICANT TO SPEAK ON THAT SECOND CASE.
HOW LONG WOULD WE BE HERE? THE SECOND CASE WE WANTED TO HEAR THE NEIGHBORS
RIGHT? I HAVE NO IDEA WHAT IS HIS NAME? DEMONSTRATED THAT, OH MY GOODNESS.
WHO TO SPEAK ON THE SECOND CASE.
THE SECOND CASE WAS THE, UH, HARTSDALE WORLD GREENHOUSES.
OH, I WAS JUST JOKING WITH YOU WERE VERY NICE.
A LOT NICER THAN I WOULD'VE BEEN.
I MEAN, THERE WAS A LOT OF, A LOT OF MILK AND YOU KNOW, HONEY OUT THERE, BUT YOU WERE VERY NICE.
THERE IS A QUESTION THAT I THINK SHOULD BE ASKED IN SOME OF THESE CASES, BUT I WILL WAIT UNTIL THE MEETING IS OVER.
DO WE THINK THE 1616 PERCENT'S NOT SUBSTANTIAL, RIGHT? IT DEPENDS ON WHAT THE REQUIREMENT, WHAT THE, WHICH ONE IS THIS COVERAGE OF? WHICH CASE IS THIS SERVICE DON'T BY ROLLING STANDARD
WAIT, LET ME, I'LL DO, MAKE SURE I DO THE MATH.
WHAT USED TO BE 10% MINUS THREE.
ARE YOU COLD? I'VE BEEN COLD SINCE I WALKED.
BECAUSE YOU HAVE ON A SHIRT AND A TIE AND EVERYTHING.
[02:55:01]
THINK OF IS I HAVE THIS BEAUTIFUL LITTLE WRAP IN MY OFFICE THAT WAS LAYING ON THE CHAIR THAT I COULD HAVE OVER MY SHOULDERS.YOU SEE SHAUNA EVE WAS LOOKING AT WATCHING YOU OUTSIDE ON THE OUTSIDE THE, AND SHE WAS GETTING COLD.
SO I ALWAYS SHOW UP WITH WINTER WEAR.
SO I'M, I'M A LITTLE BIT HAPPY TO BE NOT THE, UH, INSIDE.
SO WHAT ARE WE GONNA DO FOR NEXT MONTH IF I'M NOT HERE? HOW MANY CASES DO WE HAVE THAT ARE COMING IN? TWO.
ANY COMPLICATED ONE OR WHAT ABOUT THE HOLDOVER THAT WE'RE NOT VOTING ON TONIGHT? WHAT OVER? IS IT A BIRD HOUSE? IS IT A YOU MEAN THE GREENHOUSE? THE GREENHOUSE? NO, THERE WAS ANOTHER ONE, DIDN'T WE? NO.
OH NO, THE OTHER ONE NOT IS THE FIRST ONE I HAVE TO READ.
UNITED REFRIGERATION WILL BE DEC DECIDED.
OKAY, SO WE OFFICIALLY TOOK OUR VOTE ON THAT ONE.
WELL IT'S, WE TOOK THE STRAW VOTE.
THERE WON'T BE AN OFFICIAL VOTE UNTIL NEXT MONTH.
BUT, BUT, BUT THE HEARING IS CLOSED.
YEAH, BUT IF EVE'S NOT THERE, IS THAT A PROBLEM? DO WE NEED TO TAKE THE VOTE TONIGHT? NO.
IF I'M NOT THERE, I CAN STILL VOTE.
I JUST CAN'T DO ANYTHING ELSE.
YOU CAN'T VOTE UNLESS YOU OH, I THOUGHT I COULD.
UNLESS YOU HOW ARE YOU GONNA, HOW ARE YOU GONNA VOTE ON THE RECORD PROXY? I CAN'T DO IT ON ZOOM.
SHE'S GONNA SEND OH, ON ZOOM THEN YOU'RE HERE TECHNICALLY.
SHE'LL PUT A SEAL, SHE'S GONNA SIGN IN THE BACK.
EVERYBODY'S GOT REALLY FANCY LOOKING PHONES.
I STILL HAVE THIS OLD, REALLY OLD ONE LOOK.
OR IS THAT I TO, IS IT THE 50 11? UH, SS SE 11 OR SOMETHING? YEAH, IT'S 11, BUT I FORGET HOW IT'S, IT'S A GOOD SIX YEARS OLD.
I O MY, I'VE NEVER BOUGHT A PHONE.
MY COMP, I ALWAYS GOT ONE FROM WORK.
AND WHEN I RETIRED, I NEVER, ANOTHER PHONE DIDN'T BUY A PHONE.
AND I HAVE MY MOTHER'S PHONE, WHICH I WAS JUST GONNA TRANSFER OVER MY PHONE TO HER PHONE.
'CAUSE I HAD BOUGHT HER A BRAND NEW PHONE.
BUT IT WAS DIFFICULT WITH THE ROTARY TO
AND WE'RE PAYING FOR LIKE MM-HMM.
WELL, I MEAN, YOU CAN TURN THE SERVICE OFF THE PHOTOGRAPHS OF THAT PHONE.
THAT'S HOW THAT'S, I MEAN, WHY NOT? BUT YEAH, I ACTUALLY LIKE LITTLE TOGGLE.
THEY HAVEN'T YET THE OPERATING SYSTEM.
THEY WILL EVENTUALLY THEY WILL.
AND JUST THINK THAT THE NEXT ZONING BOARD MEETING, THE PICTURES ON YOUR MOTHER'S PHONE ARE GONNA BE PROJECTED UP ON THAT SCREEN.
NOW, SHANA, I DON'T KNOW THAT YOU, YOU ARE AWARE OF THIS, BUT ALL THROUGH THE MEETING HERE, YOU WERE LOOMING OVER THE ROOM.
I I'VE BEEN AWARE THAT FOR THE LAST TWO OR THREE MEETINGS THAT I'VE BEEN ZOOMING, SO I'VE BEEN MUCH MORE AWARE OF HOW I'M DRESSING THAT LIKE GOODBYE FROM GARRETT.
WE, UH, THEY, THEY HAD, UH, A CEREMONY FOR THE NEW CHIEF AND WE'RE SITTING HERE IN THE, IN THE ROOM, UH, CHIEF OF POLICE OR POLICE.
AND, UH, ON THE, ON THE SCREEN WERE THREE GUYS THAT WERE, THAT WERE SITTING THERE TALKING AND JOKING ALL THROUGH
[03:00:01]
AND IT WASN'T[03:05:52]
[03:11:15]
[03:15:10]
SORRY, CAN YOU START FROM THE TOP? YES, I CAN.
YEAH, IT IS LOOKING DOWN, BUT SHE'S MAKING A STATEMENT WITH HER HAND.
I GUESS WE'RE READY TO GO NOW.
WE ARE BACK ON, ON OUR, AFTER OUR DELIBERATIONS AND, UH, WITH THE DECISIONS WE HAVE MADE FOR THIS EVENING AND CASE NUMBER 2305 UNITED REFRIGERATION WILL BE CLOSED FOR DECISION ONLY AND IT WILL TO AND BE PUT OVER TO THE NEXT MEETING, WHICH IS AUGUST 17TH.
THE NEXT CASE IS 23 14 450 SECOUR ROAD.
AND THAT IS ADJOURNED FOR ALL PURPOSES TO AUGUST 17TH.
THE NEXT CASE WE HAVE IS CASE 2315, CYNTHIA MARK DOMINGUEZ.
AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE AND NOW THEREFORE IT BE, IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
I MOVE THAT THE APPLICATION IN CASE NUMBER 2315 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS, 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 REVISED PLANS DATED JUNE 27TH, 2023, SUBMITTED IN SUPPORT OF THIS APPLICATION.
OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN THE VARIANCES BEING GRANTED FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT.
THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLANS SUBMITTED IN SUPPORT OF THIS APPLICATION.
ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES.
EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK OR OTHER VARIANCES.
SCREENING,
IT'S ON THE PLANS AND IT SHOULD BE.
YOU WANT THAT AS A CONDITION SCREENING, RIGHT? UH, OKAY.
[03:20:02]
FURTHER WITH THE CONDITION THAT APPLICANT'S REQUIRED TO ADD SCREENING ON THE REAR PROPERTY LINE AS PER AS SHOWN ON THE PLAN, AS SHOWN ON THE PLANS DATED JUNE 27TH, 2023.DO WE HAVE TO PUT IN DEAD DYING IN ANYTHING ELSE? OKAY.
AM I READING THE FINDINGS? YES.
THE APPLICANT OWNS PROPERTY LOCATED IN THE R 75 ZONING DISTRICT AND PROPOSES TO ENLARGE AND ALTER MORE THAN 75% OF THE EXISTING RESIDENCE, LEGALIZE A DRIVEWAY EXPANSION AND INSTALL PATIOS AND A COVERED TERRACE.
IN ORDER TO DO SO, THE APPLICANT REQUIRES THE FOLLOWING VARIANCES FROM THE PROVISIONS OF THE ZONING ORDINANCE FROM SECTION 2 85 DASH 39 D TWO TO INCREASE THE MAXIMUM FLOOR AREA RATIO FROM 26 25 SQUARE FEET PERMITTED TO 29 17 SQUARE FEET.
PROPOSED FROM SECTION 2 85 15 B THREE D TO INCREASE THE, INCREASE THE MAXIMUM IMPERVIOUS SURFACE COVERAGE FROM 40.75% PERMITTED TO 47.31% PROPOSED FROM SECTION 2 85 5 TO REDUCE THE PATIO SETBACK TO THE REAR PROPERTY LINE FROM 10 FEET REQUIRED TO 4.07 FEET PROPOSED TO ENLARGE AND ALTER MORE THAN 75% OF THE EXISTING RESIDENTS LEGALIZE A DRIVEWAY EXPANSION AND INSTALL PATIOS AND A COVERED TERRACE.
CAN I SAY SOMETHING FOR A MOMENT? NO.
WHAT? WELL THE, I THOUGHT THERE WAS, THAT WAS, THERE'S ONLY THREE VARIANCES THOUGH.
THAT WAS THIS IS, THAT WAS OKAY THAT I READ ALL THAT.
IN GRANTING THIS APPLICATION, THE ZONING BOARD HAS WEIGHED THE BENEFIT TO BE DERIVED BY THE APPLICANT FROM THE PROPOSED VARIANCES AGAINST THE IMPACT THAT THE VARIANCES MIGHT HAVE ON THE HEALTH, SAFETY AND WELFARE OF THE NEIGHBORHOOD AND COM COMMUNITY.
AFTER DOING SO, WE HEREBY FIND THAT GRANTING THE VARIANCES WILL NOT RESULT IN AN UNDESIRABLE CHANGE TO THE NEIGHBORHOOD OR DETRIMENT TO NEARBY PROPERTIES PROVIDED THE CONDITIONS ARE FULLY COMPLIED WITH.
BECAUSE THE NEWLY CONSTRUCTED HOME REPLACES IN KIND AND EXISTING STRUCTURE AND IS IN ESTE.
IN LOCATED IN AN ESTABLISHED RESIDENTIAL NEIGHBORHOOD WITH OTHER SIMILAR HOMES, THE GOAL OF THE APPLICANT CANNOT BE ACHIEVED BY SOME OTHER FEASIBLE MEANS WITHOUT OBTAINING THE VARIANCES WE ARE GRANTING NOW BECAUSE IN ORDER TO CONSTRUCT A MODERN HOME WITH THE CONVENIENCES AND FEATURES NEEDED TODAY, SUCH AS A MUDROOM WALK-IN CLOSET, MODERN KITCHEN, ET CETERA, AN INCREASE IN THE FLOOR AREA RATIO IS NECESSARY.
GIVEN THE FACT THAT THE POOL ALREADY EXISTED.
IT IS NOT FEASIBLE TO MOVE IT INTO A LOCATION THAT WOULD NOT IMPACT THE REAR YARD LOT LINE.
IN ADDITION, THE NEED TO PUT A SMALL PAVED AREA AROUND THE POOL CONTRIBUTES TO THE NEED FOR THE IMPERVIOUS SURFACE VARIANCES.
THE REQUESTED VARIANCE FOR THE MAXIMUM FLOOR AREA RATIO OF 292 SQUARE FEET IS NOT SUBSTANTIAL IN RELATION TO THE REQUIREMENTS SOUGHT TO BE VARIED WHERE 2000 970 17 SQUARE FEET IS PROPOSED, WHEREAS 2,625 SQUARE FEET IS PERMITTED AN 11.12% INCREASE IN THE FLOOR AREA RATIO, THE REQUESTED VARIANCE FOR THE MAXIMUM IMPERVIOUS SURFACE COVERAGE OF APPROXIMATELY 501 SQUARE FEET OR PROPOSED COVERAGE OF 47.31%, WHERE 3,108 SQUARE FEET IS PERMITTED AND 3619.53 SQUARE FEET IS PROPOSED.
A 16% INCREASE IN IMPERVIOUS SURFACE IS NOT SUBSTANTIAL, PARTICULARLY IN LIGHT OF THE FACT THAT THE EXISTING ONSITE COVERAGE IS NEARLY 80% OF THE LOT AREA.
SO THIS REPRESENTS A SIGNIFICANT REDUCTION IN IMPERVIOUS OVERALL IMPERVIOUS SURFACES.
THE REQUESTED VARIANCE FOR THE PATIO SETBACK TO THE REAR PROPERTY LINE IS SUBSTANTIAL IN THAT THE REQUIRED SETBACK IS 10 FEET.
WHERE 4.07 FEET IS PROPOSED, A 59% DECREASE IN THE REAR YARD SETBACK TO THE PROPERTY LINE.
HOWEVER, THIS VARIANCE IS MINIMIZED BY THE AMPLE LANDSCAPING THAT IS PROPOSED AT THE REAR OF THE SITE, AS WELL AS THE CONDITION THAT WE UH, PRESCRIBED HEREIN GRANTING THE VARIANCES WILL NOT HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS.
[03:25:01]
DISTRICT I E DRAINAGE, STEEP SLOPES, WETLANDS, AESTHETICS, VIEW SHEDS, IMPERVIOUS SURFACE FLOODING CONDITIONS, ET CETERA.BECAUSE THE HOUSE IS NOT LOCATED WITHIN A WETLAND OR ON A STEEP SLOPE AND ALL OF THE TOWN OF GREENBERG CONSTRUCTION AND ENGINEERING PROTOCOLS MUST BE FOLLOWED, INCLUDING STORM STORMWATER TREATMENT AND EROSION MITIGATION CONTROLS.
THE APPLICANT'S NEED FOR THE VARIANCES WERE SELF-CREATED BECAUSE THE APPLICANT PURCHASED THE PROPERTY WITH KNOWLEDGE OF THE REQUIREMENTS OF THE ZONING ORDINANCE.
HOWEVER, THE FACT THAT AN APPLICANT'S NEED FOR AN AREA VARIANCE IS SELF-CREATED DOES NOT BY ITSELF REQUIRE US TO DENY AN AREA VARIANCE.
AND THE NEXT CASE WE HAVE ON OUR CALENDAR IS CASE 2316 GREATER NEW YORK CORPORATION OF SEVENTH DAY ADVENTIST.
AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SE A COMPLIANCE AND NOW THEREFORE BE IT RESOLVED, THAT SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
DO WE HAVE A MOTION? UM, I DO.
MADAM CHAIR, UM, I MOVE THAT THE APPLICATION IN CASE NUMBER 2316 BE GRANTED PROVIDED THAT THE APPLICANT OBTAINED 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 DATE STAMPED RECEIVED ON MAY 23RD, 2023 SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
AND THAT THE VARIANCE, UM, BEING GRANTED IS FOR THE IMPROVEMENTS SHOWN ON THE PLANS SUBMITTED IN SUPPORT OF THIS APPLICATION.
ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
AYE FINDINGS, UH, THE APPLICANT OWNS PROPERTY LOCATED IN THE R 7.5 ZONING DISTRICT AND PROPOSES TO INSTALL MASONRY STEPS, A WALL, WHEELCHAIR, RAMP, AND SIDEWALK ON THAT SUBJECT PROPERTY.
IN ORDER TO DO SO, THE APPLICANT REQUIRES THE FOLLOWING VARIANCE FROM THE PROVISIONS OF THE ZONING ORDINANCE TO INCREASE THE MAXIMUM IMPERIAL IMPERVIOUS SURFACE COVERAGE FROM 40.75% PERMITTED TO 55.6% PROPOSED IN ORDER TO INSTALL MASONRY STEPS, A WALL, WHEELCHAIR, RAMP, AND SIDEWALK ON THE SUBJECT PROPERTY.
IN GRANTING THIS APPLICATION, THE ZONING BOARD HAS WEIGHED THE BENEFIT TO BE DERIVED BY THE APPLICANT FROM THE PROPOSED VARIANCE AGAINST THE IMPACT OF THAT VARIANCE MIGHT HAVE ON THE HEALTH, SAFETY AND WELFARE OF THE NEIGHBORHOOD AND COMMUNITY.
AFTER DOING SO, WE HEREBY FIND THAT ONE GRANTING THE VARIANCE WILL NOT RESULT IN AN UNDESIRABLE CHANGE TO THE NEIGHBORHOOD OR DETRIMENT TO NEARBY PROPERTIES PROVIDED THE CONDITIONS OF FULLY COMPLIED WITH.
BECAUSE THE APPLICANT ONLY WISHES TO CONSTRUCT AND ATTRACT THE FRONT STAIR AND LANDING OF MASONRY WITH A HANDICAPPED RAMP BEHIND A LOW MASONRY WALL, THE DESIGN AND MATERIALS ARE IN CONCERT WITH THE EXISTING CHURCH BUILDING.
THE GOAL OF THE APPLICANT CANNOT BE ACHIEVED BY SOME OTHER FEASIBLE MEANS WITHOUT OBTAINING THE VARIANCE WE ARE GRANTING NOW BECAUSE THERE IS NO OTHER FEASIBLE PLACE FOR THE, FOR THE FRONT STAIR AND PORCH AND SIZE WHILE SLIGHTLY LARGER THAN THE EXISTING UNSAFE LANDING AND IS PROPERLY SCALED FOR THE BUILDING.
THE REQUESTED VARIANCE IS SUBSTANTIAL IN RELATION TO THE REQUIREMENTS SOUGHT TO BE VARIED IN THAT THE REQUESTED RELIEF IS 55.6% COMPARED WITH A 40.75% PERMITTED, WHICH IS A 36.44% INCREASE.
GRANTING THE VARIANCE WILL NOT HAVE
[03:30:01]
AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT BECAUSE THE NEW LANDING AND RAMP WILL BE AESTHETICALLY PLEASING AND WILL ONLY BE LOCATED AT THE FRONT OF THE CHURCH.AND FIVE, THE APPLICANT'S NEED FOR THE VARIANCE WAS SELF-CREATED BECAUSE THE APPLICANT PURCHASED THE PROPERTY WITH KNOWLEDGE OF THE REQUIREMENTS OF THE ZONING ORDINANCE.
HOWEVER, THE FACT THAT THE APPLICANT'S NEED FOR AN AREA OF VARIANCE IS SELF-CREATED, DOES NOT BY ITSELF REQUIRE US TO DENY AN AREA VARIANCE.
AND THE LAST CASE WE HAVE IS CASE 2317 LAWRENCE BAYLOCK.
AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SEEKING COMPLIANCE AND NOW THEREFORE BE IT RESOLVED, THAT SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
MADAM CHAIR, WE DO HAVE A MOTION.
I MOVE THAT THE APPLICATION IN CASE NUMBER 23 DASH SEVEN BE GRANTED TO ALLOW ONE RUMOR AND OR BORDER IN THE PREMISE PROVIDED THAT ONE AND OFF OFF STREET PARKING SPACE SHALL BE PROVIDED FOR THE RUMOR AND OR BORDER IN ADDITION TO THE PARKING SPACES OTHERWISE REQUIRED.
THE SPECIAL PERMIT SHALL REMAIN IN EFFECT ONLY SO FAR AS THE APPLICANT REMAINS THE OWNER OF THE HOUSE.
THERE SHALL BE AN OPEN FLOW BETWEEN THE RENTED PREMISE AND THE REST OF THE HOUSE.
THE RENTED QUARTERS SHALL NOT CONTAIN SEPARATE COOKING FACILITIES AS DEFINED IN THE ZONING ORDINANCE.
THERE SHALL BE NO ADVERTISEMENT ON THE PREMISE FOR BORDERS.
THE BUILDING INSPECTOR AND HIS DULY AUTHORIZED REPRESENTATIVE SHALL HAVE THE RIGHT DURING DAYLIGHT HOURS TO ENTER AND INSPECT THE BUILDING STRUCTURE AND LAND FOR WHICH A SPECIAL PERMIT HAS BEEN ISSUED.
UNREASONABLE REFUSAL OF PROPERTY OWNER OR RESIDENT TO ALLOW THE BUILDING INSPECTOR TO ENTER TO MAKE AN INSPECTION SHALL BE GROUNDS FOR REVOCATION OF THE SPECIAL PERMIT BY THE ZONING BOARD OF APPEALS.
AFTER WRITTEN NOTICE IS MAILED TO THE SPECIAL PERMIT HOLDER BY REGISTERED OR CERTIFIED MAIL AND THE HEARING, HEARING IS HELD, THE APPLICANT SHALL CONSENT TO INSPECTIONS BY THE BUILDING INSPECTOR TO ASSURE COMPLIANCE WITH THESE CONDITIONS.
THESE CONDIT THESE CONDITIONS SHALL BE INCORPORATED INTO A RESTRICTED COVENANT, WHICH SHALL BE RECORDED IN THE OFFICE OF THE WESTCHESTER COUNTY CLERK PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY, OCCUPANCY OR ANY OTHER APPROVAL REQUIRED FOR SUCH OCCU FOR OR FOR SUCH OCCUPANCY.
IN ADDITION TO THE NORMAL INSPECTIONS MADE FROM TIME TO TIME BY THE BUILDING INSPECTOR, THE BUILDING INSPECTOR SHALL MAKE A PHYSICAL INSPECTION OF THE PREMISES AT LEAST ONCE EVERY THREE YEARS WHILE THE SPECIAL PERMIT IS IN EFFECT TO ENSURE COMPLIANCE WITH THE SPECIAL PERMIT REQUIREMENTS AND ANY SPECIAL CONDITIONS SET BY THE ZONING BOARD OF APPEALS DETAILING THE RESULT OF THE INSPECTION.
FAILURE TO ADHERE TO THE REQUIREMENTS OF THE SPECIAL PERMIT OR ANY SPECIAL CONDITION SHALL RESULT IN THE IMMEDIATE TERMINATION OF THE SPECIAL PERMIT.
UM, AT THE HEARING, THE APPLICANT SATISFIED THE BOARD THAT HE HAS ROOM IN THE DRIVEWAY FOR ONE ADDITIONAL PARKING SPACE FOR ONE RUMOR AND OR BORDER, AND HAS ALSO DEMONSTRATED TO THE BOARD THAT HE WILL MEET THE OTHER CONDITIONS SET FORTH ABOVE BECAUSE THIS IS A SPECIAL PERMIT.
ONCE AN APPLICANT DEMONSTRATES THAT HE, SHE, THEY CAN SATISFY THE CONDITIONS FOR ISSUANCE OF A REQUESTED SPECIAL USE PERMIT, APPROVAL THEREOF IS MANDATED.
ACCORDINGLY, WE HEREBY GRANT THE REQUESTED SPECIAL PERMIT FOR ONE RUMOR AND OR BORDER.
AND WITH THAT, I BELIEVE WE ARE PREPARED TO ADJOURN.
OH, WE'RE PREPARED TO ADJOURN.
WE ARE GOING TO, WE ARE GOING TO ADJOURN.