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MADAM CHAIR.[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS AGENDA THURSDAY, September 21, 2023 – 7:00 P.M. ]
YOU ARE IN THE WRONG ROOM, THIS IS THE ZONING BOARD OF APPEALS, AND TONIGHT IS SEPTEMBER 21ST.AND BEFORE WE PROCEED WITH OUR MEETING, WE'RE GOING TO HAVE A CALL, A ROLL CALL.
AND FOR THE RECORD, WILLIAM BLAND AND LOUIS CRITCHLOW ARE NOT PRESENT.
THE MEETING WILL NOW COME TO ORDER.
WE HAVE NINE CASES THAT ARE SCHEDULED FOR TONIGHT'S AGENDA, AND I WILL SAY SOME OF THE CASES ARE FAIRLY WEIGHTED.
AND WHEN I SAY WEIGHTED, I MEAN WEIGHTED
AS USUAL, IF WE CANNOT COMPLETE HEARING ANY CASE TONIGHT, IT WILL BE ADJOURNED TO ANOTHER MEETING, HOPEFULLY TO BE COMPLETED AT THAT TIME.
PLEASE NOTE THAT THE ZONING BOARD WILL HAVE OUR NEXT REGULAR MEETING ON THURSDAY, OCTOBER 19TH AT SEVEN O'CLOCK.
AS IS USUAL TO SAVE TIME, WE'LL WAIVE A READING OF THE PROPERTY LOCATION AND THE RELIEF SOUGHT FOR EACH CASE.
HOWEVER, THE REPORTER WILL INSERT THIS INFORMATION IN THE RECORD.
THIS INFORMATION ALSO APPEARS IN THE AGENDAS FOR TONIGHT'S MEETING.
HOPEFULLY IF YOU GOT A NEW AGENDA WITH EIGHT CASES ON IT, THAT'S NOT THE RIGHT ONE.
WE DO HAVE NINE CASES AFTER THE PUBLIC HEARING OF TONIGHT'S CASES.
THE BOARD THEN NEEDS TO DISCUSS THE CASES HERE IN THIS ROOM THAT WE'VE HEARD EVERYONE HERE WHO IS WELCOME TO LISTEN TO OUR DELIBERATIONS, BUT THE PUBLIC WILL NOT BE PERMITTED TO SPEAK OR PARTICIPATE AT THAT TIME.
AFTER OUR DELIBERATIONS, THEN WE ANNOUNCE TO THE, THE BOARD'S DECISION, AND IT IS BROADCAST TO THE COMMUNITY.
IF YOU'RE GOING TO SPEAK, AND THIS IS REALLY IMPORTANT BECAUSE I SEE WE HAVE A LOT OF PEOPLE HERE, AND IF YOU WANT YOUR CASE OR YOUR COMMENTS TO BE HEARD, YOU MUST BE ON THE MICROPHONE AND ON THE RECORD.
OTHERWISE, YOU'RE EITHER TALKING OVER SOMEONE ELSE WHICH WILL CONFUSE THE, THE WHAT THE IS BEING ABLE TO TAKE DOWN.
AND ALSO, IF YOU'RE MAKING COMMENTS FROM THE BACK AND YOU THINK THEY'RE BEING HEARD, THEY'RE NOT.
BECAUSE IF IT'S NOT ON THE RECORD, IT'S NOT ON THE RECORD.
SO I'D LIKE YOU TO COME UP TO THE MICROPHONE AND, AND SPEAK, STATE YOUR NAME, YOUR ADDRESS, YOUR PROFESSIONAL AFFILIATION IF YOU'RE NOT THE NAMED APPLICANT, AND THEN IF NECESSARY, SPELL YOUR NAME FOR THE RECORD.
WE'VE HEARD A LOT OF TESTIMONY ON SOME OF THE CASES THAT WE DO HAVE ON TONIGHT AT PRIOR MEETINGS.
PLEASE, PLEASE, ANY PRIOR TESTIMONY IS ALREADY IN THE RECORD AND SHOULD NOT BE REPEATED.
ANYTHING THAT YOU HAVE SUBMITTED TO THE BOARD ALSO IS IN THE RECORD SO YOU DON'T HAVE TO READ IT AGAIN.
BECAUSE OF CIRCUMSTANCES WE HAVE TO COMPLETE THIS EVENING'S AFFAIRS BY 10 45.
AND DUE TO THE NUMBER OF CASES ON OUR AGENDA AND THE MAGNITUDE OF, OF EACH OF THE CERTAIN OF THE APPLICATIONS PRESENTED, WE HAVE TO LIMIT THE TIME FOR EACH PRESENTATION TO MAKE IT FAIR FOR ALL PRESENT PRESENTERS.
IT WILL BE, IT WILL BE CURTAILED TO 15 MINUTES FOR EACH MATTER.
IF THERE'S EXCESS TIME AT THE END OF US HEARING THE CASES THAT WILL ALLOW FOR OUR DELIBERATIONS, WE MAY AT THAT TIME BE POSSIBLE TO ALLOW MORE TIME TO THE CASES THAT HAVE A LOT MORE TO INFORMATION TO PROVIDE.
THE FIRST CASE TO BE HEARD IS TONIGHT IS CASE 2314.
MEMBERS OF THIRD APPEAL FOR THE RECORD, MY NAME IS LUCIA KECHI PARTNER AND WE REPRESENT HARSDALE GREENHOUSE.
I'M JOINED TONIGHT BY MY CLIENTS, CAROL, SINCE WE WERE LAST BEFORE YOU IN JULY.
SHOULD I SAY THAT AGAIN OR ARE WE, I THINK YOU'RE OKAY TO CONTINUE.
UM, SINCE WE WERE LAST HERE IN JULY, UH, EVERY MEMBER OF THE ZONING BOARD OF APPEALS HAD AN OPPORTUNITY TO VISIT THE SITE, UH, AND TOUR THE SITE WITH MY CLIENTS.
UM, AND I'D LIKE TO THANK MS. JONES FOR COORDINATING THAT.
SO THANK YOU FOR, FOR COORDINATING THAT FOR US.
UM, I'M GONNA TURN IT OVER TO MY CLIENT, CAROL AVILA.
SHE HAS A SHORT STATEMENT THAT SHE'D LIKE TO MAKE.
UM, AND THEN I'LL COME UP AND WHAT I THOUGHT WOULD BE HELPFUL IS JUST TO SUMMARIZE OUR LAST SUBMISSION, UM, AND SOME OF THE SALIENT FACTS, UH, FOR YOUR CONSIDERATION.
SO WITH THAT, I'LL TURN IT OVER TO CAROL.
HI, I AM CAROL AVILA, PROPERTY OWNER AND BUSINESS OWNER AT FOUR 50 C CORE ROAD.
GOOD EVENING, MADAM CHAIR AND MEMBERS OF THE ZONING BOARD.
I WOULD FIRST LIKE TO THANK EACH ONE OF YOU FOR THE TIME YOU TOOK
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TO VISIT OUR SITE AFTER COMPLETION OF ALL THE VISITS.I DO SEE THE VALUE OF HAVING THE OPERATION SCENE FROM A DIFFERENT PERSPECTIVE AND WOULD LIKE TO THANK YOU AGAIN FOR YOUR TIME AND THE RESPECT THAT YOU GAVE US.
AFTER HEARING THE OPPOSING REMARKS MADE AT THE Z B A MEETINGS ON JUNE 15TH AND JULY 20TH, IT IS APPARENT THAT THIS CASE HAS BECOME VERY EMOTIONAL, PERHAPS CONTROVERSIAL WITH DEEP ANIMOSITY CARRIED OVER FROM GENERATION TO GENERATION.
MY KNEE JERK REACTION WAS TO GO LINE BY LINE AND LIST EVERYTHING THAT MAKES THIS STATEMENT VALID.
HOWEVER, IN THE SPIRIT OF MOVING FORWARD AND TRYING TO BUILD GOOD RELATIONS WITH THE COMMUNITY, I DECIDED AGAINST IT.
I WOULD LIKE TO REQUEST ALL OF YOU ON THE BOARD TO PLEASE LOOK AT THIS CASE OBJECTIVELY.
AS I MENTIONED AT THE LAST MEETING, I COME FROM A FAMILY WHO IS DEEPLY ROOTED IN THE COMMUNITY, STARTING WITH MY GRANDPARENTS RESIDING AND OPERATING BUSINESS IN HARTSDALE FROM THE BEGINNING, WHICH MAKES ME THE THIRD GENERATION AND PROUDLY RAISING MY TWO DAUGHTERS, THE FOURTH GENERATION, MY FAMILY.
AND I HOPE TO CONTINUE OUR BUSINESS AND RETURN TO DO WHAT HAS BEEN DONE FROM THE BEGINNING.
AND THAT IS THE HORTICULTURE OPERATION.
ALONGSIDE WITH THE WOOD PRODUCTION, WE ARE NOT ASKING TO DO ANYTHING DIFFERENT THAN WHAT HAS BEEN DONE.
AND WE ARE COMMITTED TO THE MITIGATION MEASURES TO ADDRESS THE CONCERNS OF OUR NEIGHBORHOOD.
IF THE WOOD PRODUCTION IS TAKEN AWAY, THE BUSINESS WILL NOT BE ABLE TO SUSTAIN ITSELF ON THE HORTICULTURE PRODUCT PRODUCTION ALONE.
IT WOULD BE A MATTER OF TIME FOR THE TOWN AND THE COMMUNITY TO LOSE A 68 YEAR FAMILY OPERATED BUSINESS.
NOT ONLY WILL THE TOWN LOSE ANOTHER SMALL BUSINESS, BUT THE UNIQUE CHARACTER OF THE PROPERTY WILL FOREVER BE GONE.
MOST LIKELY TO BE DEVELOPED IS THIS DIVISION OF MY TOWN AND THE COMMUNITY.
SO AS NOTED IN MS. AVILA, THERE IS SOME HISTORY WITH SOME OF THE NEIGHBORS.
UM, AND THEY REALLY, THEY, THEY DON'T WANNA HAVE AN ADVERSARIAL RELATIONSHIP WITH THEIR NEIGHBORS.
THEY REALLY DO WANNA MOVE FORWARD.
UM, IN OUR LAST SUBMISSION, WE TALKED ABOUT THE, UM, THE CASE THAT WAS BROUGHT BY MS. AVILA'S FATHER WITH SOME OF THE NEIGHBORS.
WHEN MS. AVILA INHERITED THE BUSINESS, SHE INSTRUCTED THE ATTORNEYS TO DROP THE CASE.
SHE HAS NO INTEREST, UH, IN, IN HAVING THIS ADVERSARIAL RELATIONSHIP.
UM, AND BECAUSE OF THAT, WE THOUGHT IT WAS IMPORTANT AND THEY THOUGHT IT WAS IMPORTANT JUST TO CLARIFY SOME ITEMS, UM, SOME OF RECENT SUBMISSIONS AND SOME THAT WE PROVIDED IN THE RECORD.
UM, SOME HAVE COMMENTED THAT MS. AVILA'S GRANDFATHER COULD NOT HAVE STARTED THE BUSINESS RIGHT AFTER HE PURCHASED THE PROPERTY IN 1955, UM, AND BEFORE THE ZONING CODE WAS UPDATED IN 1957.
AS WE INDICATED IN OUR LAST SUBMISSION, AS MS. AVILA SAID AT AT THE LAST HEARING, UM, HER GRANDPARENTS ACTUALLY OPERATED A FARM STAND AT 7 0 1 DOPPS FERRY ROAD.
UM, THE PURCHASE OF FOUR 50 SEEKER ROAD ALLOWED THEM TO EXPAND AND ESTABLISH BUSINESS THAT INCLUDED HORTICULTURE, WOOD AND MULCH.
SO THIS WASN'T SOMETHING THAT WHERE THEY JUST PURCHASED THE PROPERTY AND A BUSINESS SPRUNG UP.
THEY THEY HAD THAT BUSINESS AND THEY WERE ABLE TO EXPAND IT WITH THE PURCHASE OF THE PROPERTY.
UM, COMMENTS WERE ALSO MADE THAT THE WOODEN MULCH WAS STARTED AFTER MS. AVILA'S FATHER DIED IN 2010.
AND SOME NOTED THAT BASED ON THEIR EXPERIENCE, THEIR PAST EXPERIENCE, THAT THEY DIDN'T BELIEVE THAT MS. AVILA'S GRANDFATHER AND FATHER'S NURSERY BUSINESS INCLUDED WOODEN MULCH.
UM, SO WE PROVIDED IN, IN OUR SEPTEMBER 11TH SUBMISSION SOME INFORMATION ABOUT HOW THIS BUSINESS IS OPERATED.
UM, WOODEN MULCH WERE ALWAYS PART OF THE BUSINESS ALONG WITH HORTICULTURE.
WHAT CHANGED WAS THE MACHINERY AND METHOD OF OPERATIONS IN THE 1950S WHEN THIS BUSINESS WAS ESTABLISHED, THE MACHINERY THAT EXISTS TODAY WAS NOT AVAILABLE.
HOWEVER, HARTSDALE GREENHOUSES DID PRODUCE WOOD PRODUCTS AND WHAT WAS WITH WHAT WAS AVAILABLE AT THE TIME, DEMAND FOR WOOD PRODUCTS GREW AND SO DID THE IMPLEMENTATION OF NEW EQUIPMENT.
AND, AND I, WE BELIEVE THE SAME PERCEPTION, UH, RELATED TO THE WOOD BURNERS.
UH, I THINK THAT PEOPLE IN THE NEIGHBORHOOD FELT THAT THE WOOD BURNERS WERE USED AS PART OF THE WOOD PROCESSING, UH, PART OF THE WOOD BUSINESS.
UM, THEY WERE NEVER USED FOR THAT.
THEY WERE USED TO HEAT THE GREENHOUSES FOR THE HORTICULTURAL PRODUCTS AND TO PROTECT THE GREENHOUSES WHEN THE TEMPERATURE DI BELOW FREEZING.
NEVERTHELESS, THE AVILAS HAVE DISCONNECTED THE WOOD BURNERS.
THEY ARE NOT GOING TO USE THE WOOD BURNERS.
THEY ACTUALLY HIRED A COMPANY THAT CAME OUT, DISCONNECTED THEM, TOOK THEM OFFLINE.
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AUGUST 24TH, UH, REFERENCE WAS MADE TO A STATEMENT BY THE BUILDING INSPECTOR THAT WHEN HE MET WITH THE AVILAS, THEVES INDICATED THAT THEY WANTED TO ABANDON THEIR HORTICULTURAL BUSINESS.IT'S VERY IMPORTANT TO THE AVILAS THAT YOU UNDERSTAND THAT THAT IS NOT WHAT THEY REPRESENTED, AND IT MAY HAVE JUST BEEN A MISUNDERSTANDING THAT THEY WERE TALKING ABOUT THEIR HORTICULTURE BUSINESS DECREASING THE DEMAND DECREASING.
AS WE DISCUSSED PREVIOUSLY, BECAUSE OF COMPETITION FROM BIG BOX STORES, THEY HAVE NO INTENTION OF ABANDONING THEIR HORTICULTURE BUSINESS.
UH, WE PROVIDED SOME PHOTOS FROM THE LAST YEAR OF THEIR HORTICULTURAL PRODUCTS.
UM, WE ALSO PROVIDED, UM, THE NEW YORK STATE AGRICULTURE AND MARKETS REPORT THAT WAS CONDUCTED.
UM, AND YOU, YOU MAY HAVE SEEN SOME PRODUCTS AND DURING YOUR SITE VISIT, UM, WE ALSO WANTED TO CLARIFY WHAT TRANSPIRED AT THE DECEMBER, 2022 INSPECTIONS, UM, BY THE BUILDING INSPECTOR, THE HARTSDALE FIRE CHIEF, THE TOWN ENGINEER AND REPRESENTATIVES FROM D E C AND THE WESTCHESTER COUNTY SOLID WASTE COMMISSION.
COMMENTS WERE MADE THAT A FIRE BROKE OUT AT THIS INSPECTION.
THE MULCH PILES DID NOT IGNITE INTO FIRE.
UM, WE TALKED ABOUT THIS LAST TIME, AND I THINK IT BEARS WITH REPEATING THE MULCH.
MY CLIENTS EXPLAINED THIS, THE MULCH PILES, UM, BECAUSE THE MULCH IS HOTTER THAN THE AIR, WHEN THE COLD AIR HITS THEM, UM, YOU SEE SOME VAPOR AND IT'S SIMILAR TO WHEN IT'S A VERY COLD DAY AND YOU CAN SEE YOUR BREATH BECAUSE YOUR BREATH IS WARMER THAN THE AIR AROUND YOU.
THE D E C UM, OFFICER CHLOE S SWENSSON MEASURED THE TEMPERATURE OF THE MULCH PILE.
SHE HAD A PROBE AND SHE MEASURED IT, AND THEY WERE WELL WITHIN THE ACCEPTABLE RANGE.
THE FIRE DEPARTMENT WASN'T CALLED.
WE DID ASK THE FIRE DEPARTMENT TO PROVIDE ANY INCIDENT REPORTS, UM, FOR THE LAST YEAR.
AND THE, UH, THE FIRE CHIEF RAYA INDICATED THAT THERE WERE NO INCIDENT REPORTS FOR THE PROPERTY.
UM, SO WE REALLY THOUGHT THAT WAS IMPORTANT TO UNDERSTAND.
UM, COMMENTS WERE ALSO MADE THAT AS A RESULT OF THIS INSPECTION, THE D E C ISSUED A VIOLATION FOR AN ILLEGAL TRANSFER STATION.
UH, AS STATED IN PRIOR SUBMISSIONS, THE INCIDENT REPORT INDICATED IT WAS DETERMINED BY THE D E C MATERIALS MANAGEMENT TEAM THAT THE SITE WAS NOT BEING USED AS AN ILLEGAL TRANSFER STATION.
THE D E C VIOLATION WAS IN CONNECTION WITH THE SIZE OF THE MULCH PILES UNDER A CERTAIN SIZE, REGISTRATIONS NOT REQUIRED.
AND THAT'S HOW HARTSDALE GREENHOUSES OPERATES.
UH, THIS PAST MONDAY, THIS D E C VIOLATION WAS DISMISSED.
UM, AND MOST IMPORTANTLY, I THINK FOR TONIGHT, UM, CONCERNS WAS RAISED ABOUT TRUCK TRAFFIC AND THE Z B A DID REQUEST ADDITIONAL INFORMATION ABOUT THAT.
SO AS WE EXPLAINED IN OUR SEPTEMBER 11TH SUBMISSION, APPROXIMATELY SEVEN TRUCKS ENTER THE SITE DAILY FOR THE FIREWOOD AND MULCH BUSINESS.
FOUR, ABOUT FOUR OF THEM ARE THE SIZE OF PICKUP TRUCK AND THREE ARE A LITTLE BIT BIGGER.
AND WE TRIED TO PROVIDE A PICTURE SO YOU UNDERSTAND WHAT THE SIZE OF THESE TRUCKS ARE BASED ON WEIGHT.
UM, IT'S ALSO VERY IMPORTANT TO NOTE THAT AS THE HORTICULTURE BUSINESS DECREASED BECAUSE OF DECREASED IN DEMAND, SO DID THE NUMBER OF TRUCKS ENTERING AND EXITING THE PROPERTY.
THE TRUCK TRAFFIC WITH THE HORTICULTURE BUSINESS WAS THREE TO FOUR TIMES THE TRUCK TRAFFIC THAT THE WOODEN MULCH BUSINESS, UM, YOU KNOW, ELICITS.
UM, THERE ARE NO SAFETY ISSUES WITH THE TRUCKS ENTERING AND EXITING THE PROPERTY.
UM, TO ADDRESS ANY NEIGHBOR'S CONCERNS, THE VELAS ARE WILLING TO DIVERT ALL HEAVY TRUCKS ENTERING AND EXITING THE PROPERTY TO THE EAST SIDE OF THE PROPERTY.
AND THAT'S THE SIDE OF THE PROPERTY THAT ABUTS THE KIND OF TRANSMISSION LINES AND THE SPRAIN BOOK PARKWAY.
UM, IT'S REALLY IMPORTANT TO KNOW WHEN YOU THINK ABOUT THIS, THAT HEARTFIELD GREENHOUSES, IT'S NOT THE SOURCE OR THE, OR A SIGNIFICANT CONTRIBUTION TO THE TRUCK TRAFFIC ON SEACO ROAD AT THE EASTERN END OF SEACO ROAD, YOU HAVE WEST HARTSDALE AVENUE THAT LEADS TO CENTRAL AVENUE.
IT LEADS TO THE TRAIN STATION, UM, AND 2 87.
THAT'S A BUSY, THOSE ARE ALL BUSY ROADS, BUSY CORRIDOR.
UM, ON THE WESTERN END, NINE A LEADS TO, UH, THE THROUGHWAY AND THE SAWMILL PARKWAY.
ONCE AGAIN, THESE ARE VERY BUSY ROADS.
SO SEEKER ROAD KIND OF CONNECTS ALL THESE VERY BUSY ROADS.
HARTSDALE GREENHOUSES IS NOT CONTRIBUTING A SIGNIFICANT AMOUNT OF TRAFFIC TO SEEKER ROAD.
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YOU HAVE TO THINK ABOUT WHAT'S HAPPENED SINCE COVID A LOT OF DELIVERIES NOW, FOLKS ARE GETTING THINGS DELIVERED, DOING A LOT OF ONLINE SHOPPING THAT CONTRIBUTES TO THE TRUCK TRAFFIC.UM, ALSO CONSIDER THE VARIANCES THAT WERE ISSUED FOR THE OTHER NURSERIES WHERE THEY WERE PERMITTED TO SELL PRODUCTS THAT THEY DON'T CREATE OR MAKE ON THEIR PREMISES.
ALL THOSE PRODUCTS HAVE TO GET DELIVERED TO THOSE NURSERIES.
SO THERE'S TRUCK TRAFFIC ASSOCIATED WITH THAT.
AND ANOTHER CONSIDERATION IS, UM, THE POTENTIAL FOR SINGLE FAMILY HOMES ON THIS PROPERTY IF THE AVILAS, UM, ARE NOT ABLE TO SUSTAIN THEIR BUSINESS BY CONTINUING THE WOOD AND MULCH OPERATIONS.
UM, AND THE PROPERTY IS DEVELOPED WITH SINGLE FAMILY HOMES.
IT'S THE R 10 ZONING DISTRICT.
THE MINIMUM LOT SIZE IS 10,000 SQUARE FEET.
SO YOU COULD POTENTIALLY SEE 20 TO 30 HOMES HERE.
IT'S A LOT OF TRAFFIC FOR CONSTRUCTION OVER YEARS.
AND ONCE THE HOMES ARE THERE, THAT'S A LOT OF CARS COMING IN AND OUT OF THE SITE.
AND FINALLY, WITH RESPECT TO THE WALKABILITY OF SEEKER ROAD, WE PROVIDED A MAP THAT SHOWS MOST OF SEEKER ROAD DOES NOT HAVE SIDEWALKS.
IT'S REALLY NOT A WALKABLE ROAD, UM, OR A ROAD THAT'S SAFE FOR BICYCLES.
UM, AND I'D LIKE TO JUST SUMMARIZE THE MITIGATION MEASURES YOU HEARD FROM CAROL THAT THEY ARE COMMITTED TO THE MITIGATION MEASURES.
UM, WOOD BURNERS DISCONTINUED OFFLINE, NOT GOING TO USE THEM.
THEY ARE RELOCATING THE MULCH AND WOOD MACHINERY TO THE EASTERN SIDE OF THE PROPERTY.
IF YOU WERE AT THE SITE, YOU SAW THAT, THAT'S CLOSEST TO THE CONED TRANSMISSION LINES IN THE SPRINGBROOK PARKWAY.
THAT'S APPROXIMATELY 450 FEET FROM THE WESTERN PROPERTY LINE THAT ABUTS JENNIFER LANE.
THEY DID HIRE PETER READINGS, UM, AT THAT PROPERTY LINE, UH, THE WESTERN PROPERTY LINE.
HE DID ANOTHER READING AND DID NOT FIND ANY DISCERNIBLE DIFFERENCE IN THE NOISE AT THE PROPERTY LINE THAT ABUTS THE RESIDENCES.
GIVEN THOSE RESULTS, THEY ARE STILL WILLING TO INSTALL A NATURAL BARRIER AROUND THE EQUIPMENT TO FURTHER DAMPEN THE NOISE OF THAT EQUIPMENT.
THEY'RE GONNA LIVE THEIR HOURS OF OPERATION OF THE HEAVY MACHINERY EIGHT TO FOUR 30, MONDAY TO FRIDAY, AND NINE TO THREE ON SATURDAY.
AND THEY WILL, AS I SAID EARLIER, DIVERT HEAVY TRUCKS TO THE EAST SIDE OF THE PROPERTY THAT BORDERS THE CONED TRANSMISSION LINES.
SO WITH THAT, I, I'D LIKE TO SUM BY JUST SAYING THAT AS MS. AVILA AND HER HUSBAND HAVE INDICATED THEY ARE SIMPLY SEEKING TO CONTINUE, UM, THE, THE BUSINESS THAT WAS STARTED BY MS. VILLA'S GRANDFATHER 68 YEARS AGO.
THEY'RE NOW THE THIRD GENERATION TO DO THIS.
UM, THEY'RE NOT LOOKING TO EXPAND INTO A LUMBER YARD OR, UM, ANY OTHER KIND OF WOOD PROCESSING OTHER THAN SPLITTING TREES INTO LOGS FOR FIREWOOD AND CREATING MULCH IN ADDITION TO THEIR HORTICULTURE.
UM, THEY HAVE ROOTS IN THE NEIGHBORHOOD.
THEY LIKE LIVING IN THIS NEIGHBORHOOD.
UM, THEY REALLY WANNA CONTINUE THEIR BUSINESS IN HARMONY WITH THEIR NEIGHBORS AND ARE REALLY COMMITTED TO THE MITIGATION MEASURES I MENTIONED.
SO WE'RE HAPPY TO ANSWER ANY QUESTIONS.
WELL, WE'VE ALMOST USED UP OUR 15 MINUTES.
I'D LIKE TO KNOW WHO'S IN THE AUDIENCE THAT WISHES TO ADDRESS THIS CASE.
I DON'T KNOW IF WE CAN HEAR ALL OF YOU AT THIS POINT TONIGHT.
DO YOU HAVE A SPOKESPERSON THAT YOU COULD NOMINATE WHO COULD COME FORWARD? BECAUSE WE DO WANT TO TRY AND HEAR SOMETHING FROM YOU, BUT WE ALSO NEED TO HEAR THE OTHER EIGHT CASES THAT WE HAVE THIS EVENING.
MADAM CHAIR, WOULD I JUST, YOU HAVE TO COME UP TO THE MIC.
HAS TO BE MATTHEW CAROL WIL, PRESIDENT OF THE SCO HOME CIVIC ASSOCIATION.
I JUST WANTED TO INDICATE THAT IT LOOKS LIKE A LOT OF HANDS, BUT THE STATEMENTS ARE VERY SHORT.
SO, AND, AND, AND IMPORTANT AND I WOULD LIKE WHAT IS SHORT TO YOU, AND I'M NOT BEING FACETIOUS, BUT NO, TWO AND A HALF MINUTES.
UM, BUT I WOULD LIKE TO INTRODUCE, UH, MRS. UH, MADELINE OCHE, WHO'S THE PRESIDENT OF THE COUNCIL OF CIVICA ASSOCIATION.
SHE WILL, UM, SHE'S OUR MOST IMPORTANT WITNESS TO HERE TONIGHT.
MS. OSHE MADELINE, M A D E L O N, OSHE MADELINE, OSHA, CHAIRMAN OF THE COUNCIL OF GREENBURG
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CIVIC ASSOCIATIONS.CAN EVERYONE IN THE BACK HEAR HER? NO.
JUST TRY TO GET AS CLOSE AS YOU CAN TO THE MIC.
CHAIRMAN BUN SMITH AND MEMBERS OF THE C B A AT ITS MEETING ON MONDAY, SEPTEMBER 18TH, 2023, THE COUNCIL OF GREENBURG CIVIC ASSOCIATIONS ONCE AGAIN DISCUSSED THE HARTSDALE GREENHOUSES APPLICATION, WHICH SEEKS EITHER AN INTERPRETATION OR A USE VARIANCE TO CONTINUE THE PROCESSING AND SALE OF FIREWOOD AND MULCH AT THE FOUR 50 SEACO ROAD SITE.
THE C G A C G C A IS REPLYING TO THE SEPTEMBER 11TH LETTER FROM THE APPLICANT'S ATTORNEY THAT WAS SUBMITTED IN FURTHERANCE OF THIS APPLICATION.
AND IN RESPONSE TO THE CBAS AUGUST 1ST REQUEST FOR ADDITIONAL INFORMATION, THE Z B A REQUESTED THE APPLICANT TO PROVIDE INFORMATION ON FINANCIALS AS IT RELATES TO A SUBSTANTIAL LACK OF RETURN FOR ANY PERMITTED USE.
NEW YORK STATE TOWN LAW SECTION 2 67 B TWO REQUIRES THAT APPLICANT'S REQUESTING A USE VARIANCE MUST DEMONSTRATE TO THE Z B A WITH DOLLARS AND CENTS PROOF THAT FOR EACH AND EVERY PERMITTED USE IN THE ONE FAMILY ZONING DISTRICTS IN THE TOWN OF GREENBURG ZONING ORDINANCE, THEY CANNOT REALIZE A REASONABLE RETURN ON THE PROPERTY.
THE SEPTEMBER 11TH LETTER FAILS TO ADDRESS THIS REQUIREMENT AND MAKES ONLY BRIEF REFERENCE TO INFORMATION CONTAINED IN THE APPLICA APPLICANT'S EARLIER APRIL 27TH SUBMISSION.
SINCE THE PROOF REQUIRED BY NEW YORK STATE LAW WAS NOT PROVIDED, THE Z B A IS PRECLUDED FROM GRANTING THE REQUESTED USE VARIANCE.
THE Z B A ALSO REQUESTED THE APPLICANT TO PROVIDE HISTORY OF PRE-EXISTING NON-CONFORMING USE FOR WHICH A VARIANCE IS SOUGHT, INCLUDING INSPECTIONS PERFORMED BY THE BUILDING DEPARTMENT.
THE ATTORNEY'S LETTER REITERATES THE STATEMENT MADE NUMEROUS TIMES IN THIS APPLICATION THAT WOOD AND MULCH WERE ALWAYS PART OF THE BUSINESS SINCE 1955.
IN FACT, THIS LATEST LETTER ADDS THAT THE WOOD AND MULCH OPERATION ACTUALLY BEGAN SOMETIME EARLIER AT SEVEN OH ONE DOBBS FERRY ROAD WHERE THE APPLICANT'S GRANDPARENTS HAD A FARM STAND AND THE USE EXPANDED WITH THE ACQUISITION OF THE PROPERTY AT FOUR 50 CCO ROAD IN 1955.
NO DOCUMENTATION WAS PROVIDED TO SUPPORT THIS CLAIM.
THE 1932 ZONING ORDINANCE REQUIRED A SPECIAL PERMIT FROM THE Z B A TO OPERATE A FARM STAND.
WHY IS THERE NO RECORD OF A PERMIT BEING ISSUED AND WHAT PROVISION OF THE 1932 ZONING ORDINANCE PERMITTED THE TRANSFER OF A BUSINESS FROM ONE PROPERTY TO THE OTHER? IN FACT, THE 1932 ZONING ORDINANCE, THE 1957 ZONING ORDINANCE AND THE CURRENT 1980 ZONING ORDINANCE AND ALL AMENDMENTS HERE TO DO NOT PERMIT THE PROCESSING OF FIREWOOD AND MULCH IN RESIDENTIAL ZONING DISTRICTS AT THE JULY 20TH, 2023 C B A PUBLIC HEARING.
THE COUNCIL STATEMENT POINTED OUT THAT THE 3.66 ACRE PARCEL AT FOUR 50 CCO ROAD AT THE FOUR 50 CCO ROAD SITE WASN'T EVEN MENTIONED.
THIS IS THE PARCEL WHERE THE APPLICANT'S ATTORNEY STATES THE SPLITTING OF TREES INTO FIREWOOD AND GRINDING OF WOOD INTO MULCH HAS PURPORTEDLY TAKEN PLACE FOR THE LAST 68 YEARS.
THE ATTORNEY'S LATEST LETTER NOW AT LEAST MENTIONS THIS PARCEL AS PART OF THE APPLICATION.
HOWEVER, IT IS QUESTIONABLE WHETHER THIS APPLICATION WAS PROPERLY NOTICED.
WHY IS THERE NO MENTION OF THE FACT THAT THE CURRENT OWNER'S FATHER DID NOT PURCHASE THE VACANT 2.66 ACRE PARCEL UNTIL DECEMBER 27TH, 1980 4, 29 YEARS AFTER THE GRANDPARENTS PURCHASED THE OTHER PARCEL IN 19 FIVE? ARE WE TO BELIEVE THE APPLICANT'S FATHER AND GRANDPARENTS WERE RUNNING A WOOD AND MULCH OPERATION ON A PROPERTY THEY DID NOT OWN IN ORDER TO PAY TO OBTAIN A LOWER TAX ASSESSMENT RATE? ON JANUARY 10TH, 1985
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AND AGAIN IN FEBRUARY 25TH, 1986, THE APPLICANT'S FATHER SIGNED COMMITMENT DOCUMENTS FILED WITH WESTCHESTER COUNTY LAND RECORDS INDICATING THAT THE TOTAL 12 POINT 55 ACRES OF THESE TWO PARCELS WERE BEING USED AND WOULD CONTINUE TO BE USED FOR CONTINUED AGRICULTURAL PRODUCTION FOR THE NEXT EIGHT YEARS.BRINGING IN TREES FROM OFFSITE AND RUNNING A MANUFACTURING PROCESS OF CUTTING THEM INTO FIREWOOD AND GRINDING THEM INTO MULCH HAS NEVER BEEN DEFINED AS AN AGRICULTURAL USE.
A FOOTNOTE ON PAGE TWO OF THE ATTORNEY'S LETTER STATES THAT THE CURRENT OWNER, THE GRANDDAUGHTER OF THE COUPLE THAT STARTED THE BUSINESS, WOULD BE IN THE BEST POSITION TO KNOW THE HISTORY.
IN FACT, THE CURRENT OWNER WAS NOT ALIVE IN THE 1950S OR THE 1960S AND ONLY A VERY YOUNG CHILD IN THE 1970S WITHOUT DOCUMENTATION OR EVEN PHOTOGRAPHS.
A YOUNG CHILD'S MEMORY IS NOT ACCEPTABLE PROOF OF THE HISTORY OF A PROPERTY.
THE ATTORNEY'S LETTER SUGGESTS THAT NEIGHBORS QUOTE DID NOT REALIZE THAT THE WOOD AND MULCH OPERATIONS QUOTE WAS PART OF THE ORIGINAL BUSINESS AND ASSUMED THESE OPERATIONS BEGAN MORE RECENT WHEN WOOD BURNERS AND LARGER EQUIPMENT WAS USED.
THIS CLAIM TOTALLY IGNORES THE STATEMENT OF A NUMBER OF LONG ADULT GREENBURG RESIDENTS WHO SAID THEY REGULARLY SHOPPED AT WESTCHESTER GREENHOUSES AND THERE WAS NO FIREWOOD OR MOOCH FOR SALE AT EITHER THE SEACO ROAD SITE OR AT THE PREVIOUS OWNERS OTHER BUSINESS SITE ON WEST HARTSDALE AVENUE UNTIL RECENT YEARS.
THIS CLAIM ALSO IGNORES Z B A MEMBER DIANE OBER LEE'S STATEMENT THAT SHE GREW UP IN THE AREA AND PLAYED ON THE VACANT PARCEL IN THE 1960S AND THERE WAS NO WOOD OR MULCH OPERATIONS ON SITE.
MS. OBERLY ALSO STATED THAT FIREWOOD WAS NOT FOR SALE AT WESTCHESTER GREENHOUSES UNTIL AROUND THE TIME WHEN SUPERSTORM SANDY HIT IN 2012.
THE LETTER ATTACHES TWO BLURRY AERIAL PHOTOGRAPHS FROM 2000 AND 2004 EXHIBIT A WITH CIRCLED ITEMS THAT ARE PURPORTEDLY WOOD PILES.
THESE PHOTOGRAPHS ARE 45 AND 40 YEARS AFTER THE CLAIMS A WOOD AND MULCH OPERATION BEGAN AND SHOWS ONLY A SMALL PILE OF WOOD.
THE COUNCIL REPRESENTATIVES HAVE SUGGESTED THAT THEY HAD LARGER PILES OF WOOD IN THEIR SMALL BACKYARDS WHEN THEY HAD TO CUT DOWN TREES ON THEIR PROPERTY.
IS IT POSSIBLE THE PHOTOS SHOW WOOD THAT WAS CHOPPED DOWN FROM TREES ON SITE AND MEANT TO BE USED IN EITHER A FIREPLACE OR WOOD BURNER ON SITE EARLIER? AERIAL PHOTOS SHOW THE 3.66 ACRE PARCEL COVERED BY LOTS OF TREES IN RESPONSE TO THE Z B A REQUEST FOR INFORMATION ON PAST INSPECTIONS PERFORMED BY THE BUILDING DEPARTMENT.
THE ATTORNEY'S LETTER MENTIONS ONLY THREE VISITS BY THE BUILDING DEPARTMENT AND ONE VISIT BY THE DEPARTMENT OF COMMUNITY DEVELOP AND CONSERVATION FOR A TREE REMOVAL PERMIT.
THE LETTER POINTS OUT THAT THE WOOD AND MULCH OPERATIONS WERE READILY VISIBLE AT THE SITE VISITS AND IMPLIES THAT TOWN OFFICIALS FOUND NO PROBLEM WITH THEM.
TOWN RECORDS INDICATE THAT THERE WERE MORE VISITS BY TOWN OFFICIALS, BUT THE C C G C A ENCOURAGES THE Z B A TO FOCUS ON JUST ONE OF THE VISITS LISTED.
THE ATTORNEY'S LETTER MENTIONS QUOTE, IN NOVEMBER OF 2008 AND MARCH OF 2009, INSPECTIONS WERE CONDUCTED BY THE BUILDING DEPARTMENT IN CONNECTION WITH THE LEASING OF SPACE FOR COMMERCIAL VEHICLE PARKING.
THE LETTER NOTED THAT A USE VARIANCE WAS REQUESTED AND POINTS OUT THAT IT WAS NOT FOR THE WOOD AND MULCH OPERATIONS.
AND THE ATTORNEY BOWL FACED THE WORD, NOT THE C G C A URGES THE Z B A TO CHECK THE OFFICIAL RECORD REGARDING Z B A CASE 0 9 10 FILED IN NINE 2009.
ACCORDING TO THE INFORMATION THE BUILDING INSPECTOR PROVIDED IN HIS JUNE 2ND MEMO TO THE Z B A, THE APPLICANT'S FATHER SOUGHT A USE VARIANCE
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TO PERMIT THE BURNING OF WOOD IN FURNACES PARKING OF COMMERCIAL TRUCKS AND TO ALLOW DELIVERY OF WOOD FOR THE USE IN GREENHOUSE FURNACES.WHY WOULD AN APPLICANT NEED TO SEEK A VARIANCE IN 2009 TO PERMIT THE DELIVERY OF WOOD FOR THE USE IN GREENHOUSE FURNACES IF THE APPLICANT HAD BEEN OPERATING A WOOD AND MULCH OPERATION AND SELLING THESE PRODUCTS FROM THE SITE DURING THE PAST 54 YEARS? THE APPLICANT HAS NOT PRESENTED THE REQUIRED DOCUMENTATION FOR THE ZONING BOARD TO EVEN CONSIDER A USE VARIANCE.
THEREFORE, THE ONLY TASK BEFORE THE Z B A IS DECIDING WHETHER THE BUILDING INSPECTOR WAS CORRECT WHEN HE DETERMINED THE HEAVY COMMERCIAL MANUFACTURING USE OF IMPORTING TREES FROM OFFSITE AND CHOPPING THEM INTO FIREWOOD OR GRINDING THEM IN FROM INTO MOAT FOR SALE WAS NOT ILLEGAL.
WE'D LIKE TO SPEAK TOO, IF YOU TAKE OVER PLEASE, MR. BODEN.
MR. BODEN, THE CHAIRPERSON WILL I ASKED YOU TO SIT DOWN MR. BODEN, PLEASE SIT DOWN.
WAS NOT A LEGAL PRE-EXISTING NON-CONFORMING USE SINCE THE APPLICANT'S FAMILY DID NOT EVEN OWN THE PROPERTY BEING USED FOR THIS OPERATION UNTIL DECEMBER 27TH, 1984.
ONLY THE CURRENT 1980 ZONING ORDINANCE MUST BE CONSULTED.
THIS COUNCIL OF GREENBERG CIVIC ASSOCIATION'S URGES THE ZONING BOARD TO DENY THIS APPLICATION.
ALLOWING THIS OPERATION TO CONTINUE WILL SET A DANGEROUS PRECEDENT.
PLEASE UPHOLD THE BUILDING INSPECTOR'S DETERMINATION THAT THIS HEAVY COMMERCIAL MANUFACTURING USE IS NOT PERMITTED IN RESIDENTIAL ZONING DISTRICTS.
THIS TYPE OF USE IS NOT EVEN PERMITTED IN MOST TOWN OF GREENBURG COMMERCIAL ZONING DISTRICTS.
PLEASE PROTECT OUR RESIDENTIAL NEIGHBORHOODS.
I AM GOING TO, AT THIS POINT, SUSPEND THIS CASE AND MOVE FORWARD ON ANOTHER CASE.
I REALIZE THERE ARE PEOPLE HERE WHO WISH TO SPEAK.
IF YOU ARE NOT ABLE TO COME TO THE NEXT MEETING, YOU CAN SUBMIT A LETTER OR YOU CAN WAIT AND SEE IF WE HAVE TIME WHEN WE'VE GONE THROUGH THE OTHER CASES.
AND WHAT YOU SHOULD KNOW IS THAT BASED UPON THE REMARKS THAT I MADE EARLIER, WE ARE GOING TO LOSE A BOARD MEMBER LATER IN THE EVENING.
SO THAT'S WHY WE'RE TRYING TO GET OUT OF HERE BECAUSE THEN THERE WILL ONLY BE FOUR OF US.
AND IF YOU WANT US TO VOTE ON SOMETHING AND THERE'S FOUR OF US, AND WE ALL DON'T ALL IN AGREEMENT, IT GOES ONE WAY OR THE OTHER.
SO I WANT YOU TO BE AWARE OF THAT.
AND THE NEXT CASE WE HAVE ON IS CASE 23 19 1 1 41 CENTRAL AVENUE, L L C MS. STERN.
IF YOU'RE ON ZOOM AND YOU INTEND TO PRESENT, YOU CAN PLEASE, UM, TURN ON YOUR VIDEO, UNMUTE YOUR MIC, AND YOU'LL HAVE SHARE SCREEN CAPABILITY IF YOU'D LIKE TO DO SO.
MY, UM, MIC IS UNMUTED, BUT IT SAYS I CANNOT UNMUTE, UH, OPEN MY VIDEO.
IT SAYS THE HOST HAS STOPPED IT.
OKAY, I WILL TRY TO RECTIFY THAT.
UM, AND I APOLOGIZE FOR THAT, BUT IF YOU WANT TO NO PROBLEM.
DID YOU INTEND TO SHARE SCREEN OR DID YOU NEED HELP WITH THAT? I'M NOT SHARING SCREEN.
UM, I SUBMITTED THE, SO I JUST SENT, OH, SORRY MA'AM.
YOU SHOULD BE ABLE TO NOW SHARE SOME.
UH, I REPRESENT, I'M THE OWNER'S AGENT FOR 1 41 CENTRAL LAB, L L C.
AND WE SUBMITTED AN APPLICATION FOR A ZONING VARIANCE ON THE SIZE OF THE MONUMENT THAT WE'D LIKE TO INSTALL ON THE, UH, FRONT LAWN OF THE BUILDING.
THE OWNERSHIP HAS COMPLETED A MULTIMILLION DOLLAR, UH, FACADE RENOVATION OF THE PROPERTY.
AND WE'VE, UM, FEEL, WELL, LET ME GO BACK.
WE LOST OUR EXISTING MONUMENT WHEN THE STATE CAME IN AND HAD US REMOVE IT BECAUSE THEY WERE INSTALLING A SIDEWALK.
AND ONCE THAT WENT DOWN, WE COULD NO LONGER REINSTALL THE MONUMENT IN ITS CURRENT LOCATION.
NOR DID WE FEEL THAT THAT EXISTING MONUMENT WAS COMPLIMENTARY TO THE NEW FACADE THAT WE HAD JUST COMPLETED.
SO WE'RE ASKING FOR PERMISSION TO INSTALL
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A NEW MONUMENT THAT WOULD COMPLIMENT THE NEW FACADE AND THE NEW APPEARANCE OF THE PROPERTY.WE FEEL IT'S, UM, FITTING, IT'S COMPLIMENTARY.
THE LOCATION OF IT WOULD BE OUT OF ALL SIGHT LINES.
IT DOES NOT, UH, CREATE ANY PEDESTRIAN OR VEHICULAR INTERFERENCE WITH THE SHOPPING CENTER NEXT DOOR.
AND WE'VE ASKED TO MOVE IT TO THE NEW LOCATION BECAUSE IN THE PAST I HAVE BEEN WITH THIS OWNERSHIP FOR OVER 12 YEARS.
WE HAVE HAD FIVE CARS DRIVE THROUGH THE MONUMENT WHERE IT WAS IN ITS EXIST ORIGINAL LOCATION.
UM, SO WE FEEL THIS WOULD EVEN BE A BETTER LOCATION, UH, TO MITIGATE THAT FROM HAPPENING GOING FORWARD.
SO THE TREE THAT'S IN THAT PHOTO IS NO LONGER THERE.
THAT WAS TAKEN DOWN BECAUSE OF THE SIDEWALK.
AND THAT IS THE LOCATION OF WHERE WE WOULD LIKE TO PUT THE NEW MONUMENT.
THE, THAT IS THE EXISTING MONUMENT.
THE NEW MONUMENT IS LOWER THAN THAT MONUMENT AND IT'S FAR MORE ATTRACTIVE.
THE BUILDING IS OCCUPIED BY ALL OF THE PREMIER HOSPITALS, UH, IN THE COUNTY.
AND WE REALLY FEEL THAT THIS WOULD BE THE, LIKE, ICING ON THE CAKE PER SE.
IT'S THE FINAL PIECE OF THE ENTIRE RESTORATION OF THE SITE.
THE MONUMENT WOULD BE LOWER, IT WOULD BE A LITTLE BIT LONGER.
UH, IT IS SMALLER THAN THE MONUMENT ACROSS THE STREET AT THE FURNITURE STORE.
AND WE HOPE THAT THE ZONING BOARD AGREES THAT THE UPGRADE WE'VE MADE TO THE SITE THAT THIS WOULD COMPLIMENT THAT PROJECT.
ANY QUESTIONS FROM THE BOARD? SO I, I WAS OUT THERE AND THERE IS ONE UP.
ARE YOU REPLACING THAT THERE IS NO MONUMENT ON THE SITE NOW? THERE'S JUST A YELLOW TEMPORARY SIGN THAT SAYS 1 41 JUST SO THAT THERE IS SOME SORT OF INDICATION OF THE ADDRESS, BUT THAT'S JUST A TEMPORARY YELLOW ON TWO WOOD STICKS SIGN.
THERE IS NO MONUMENT ON THE SITE AT THE MOMENT.
WAS THE PREVIOUS SIGN IN WITHIN THE BOUNDARIES OF THE ZONING? I JUST WANNA KNOW THE LAW.
WAS IT IN WITH THE CODE? DID IT COMPLY WITH THE CODE? UH, THE PRIOR, THE PRIOR UH, SIGN WAS GRANDFATHERED.
IT WAS ACTUALLY TALLER THAN THE CURRENT ZONING CODES.
IT WAS GRANDFATHERED, UH, FROM WHEN IT WAS ORIGINALLY CONSTRUCTED, WHICH WAS LONG BEFORE MY TIME.
BUT ONCE IT CAME DOWN, WE, YOU KNOW, THAT'S JUST NOT REALLY COMPLIMENTARY TO, WE CAN'T PUT IT BACK UP IN THAT FORM.
IT'S DESTROYED AND, UM, WE DON'T REALLY FEEL IT'S AN ATTRACTIVE SIGN.
IT'S TALL AND WE REALLY FELT AFTER THE DEVELOPMENT THAT WHAT WE HAD DESIGNED WAS MORE IN KEEPING WITH THE NEW FACADE OF THE PROPERTY.
IN ADDITION TO THE LANDSCAPING.
ALL OF THE LANDSCAPING HAS BEEN REDONE ON THE FRONT LAWN.
WE, YOU KNOW, WE DON'T FEEL THE TALL MONUMENT IS AESTHETICALLY, UH, ORGANIC TO THIS SITE ANYMORE.
DO YOU HAVE A PICTURE OF THE NEW LANDSCAPING? UH, I BELIEVE THERE IS A PICTURE OF THE FACADE OF THE FRONT OF THE PROPERTY, UH, IN THE PACKAGE THAT I SUBMITTED.
IS THERE NOT A, I I ACTUALLY HAVE A PICTURE THAT, 'CAUSE I WAS AT THE SITE THAT I CAN SHARE WITH YOU.
I MEAN, IT'S REALLY QUITE BEAUTIFUL, THE ENTIRE PROPERTY AT THIS POINT, THAT MONUMENT, THE LA-Z-BOY MONUMENT IS ACTUALLY LARGER THAN THE ONE WE'RE REQUESTING.
DOES ANYBODY ELSE WANNA SEE IT? ANY OTHER QUESTIONS? UH, MADAM CHAIR, JUST A QUICK COMMENT.
I DO WANNA, UM, ACTUALLY, UM, THANK THE, UH, THE APPLICANT WHO
[00:40:01]
WAS VERY ACCOMMODATING OVER THE COURSE OF THE SIDEWALK CONSTRUCTION.I OVERSAW, UH, THAT PROJECT, UM, ON BEHALF OF THE TOWN IMPLEMENTING A GRANT, AND THERE WERE QUITE A BIT OF FEATURES THAT, UM, HAD TO BE MOVED AROUND, INCLUDING HER EXISTING SIGN.
AND, UM, SHE'S, I JUST GENERALLY WANT TO THANK THE PER THE, UH, SITE MANAGER AS, UH, THEY WORKED CLOSELY WITH US AND ACCOMMODATED ALL THE REQUESTS THAT WE HAD IN CONNECTION WITH THAT SIDEWALK.
UH, MY QUESTION IS, UH, YOU MENTIONED EARLIER BEFORE THAT WITH THE OLD SIGN, CARS RAN INTO THE SIGN, UH, AND THAT'S UNFORTUNATE.
SO WITH THE NEW SIGN BEING ERECTED, HOW IS THIS NEW SIGN GOING TO CORTEL CARS? I DON'T THINK IT WILL.
I DON'T THINK IT WILL, UNFORTUNATELY.
UH, I DON'T THINK THE MONUMENT HAD ANYTHING TO DO WITH WHY THERE WERE SO MANY.
I THINK THE CURVE ON HARTSDALE AT, YOU KNOW, ON CENTRAL, UH, IS THE ISSUE.
WHETHER IT'S THE SUN, I DON'T REALLY KNOW WHAT CAUSES, BUT VERY STRANGELY, UH, CARS COMING AROUND THE CURVE HEADING, UM, TOWARDS THE FOUR CORNERS FOR SOME REASON SEEM TO LOSE CONTROL.
AND FOR SOME REASON, WHICH WE CAN'T EXPLAIN, UH, THEY SEEM TO RUN THROUGH THAT FRONT LAWN.
AND THE MONUMENT WAS WHAT TOOK THE HIT EVERY SINGLE TIME.
I EVEN EXPLAINED THAT WHEN THEY WERE PUTTING THE SIDEWALK IN.
I VOICED THAT CONCERN THAT THERE HAVE BEEN MULTIPLE CAR ACCIDENTS OF CARS COMING ACROSS, AROUND THAT CURVE.
I DON'T THINK THIS IS GONNA MITIGATE IT, IT'S JUST GONNA MITIGATE THAT THIS LOCATION WHERE WE'RE PUTTING THE NEW MONUMENT WILL NOT BE RUN OVER.
UM, I'M HOPING THAT, YOU KNOW, THERE ARE NO FUTURE CAR ACCIDENTS.
BUT AGAIN, THE SIGN WASN'T A MITIGATING FACTOR OF THE ACCIDENTS.
IT WAS JUST A, A HAZARD, YOU KNOW, A A REPERCUSSION OF THEM.
ANY OTHER QUESTIONS? ANYONE IN THE AUDIENCE WANNA COMMENT ON THIS CASE? ANYONE IN THE AUDIENCE WANNA COMMENT ON THIS CASE? NO ONE.
WELL, THANK YOU FOR YOUR PRESENTATION.
THANK YOU VERY MUCH FOR YOUR CONSIDERATION.
THE NEXT CASE IS CASE 2320 HART HILLS HOSPITALITY, L L C.
GOOD EVENING, MADAM CHAIR, MEMBERS OF THE BOARD, DAVID STEINMETZ FROM THE LAW FIRM OF AARON STEINMETZ HERE THIS EVENING, REPRESENTING HARTHILL HOSPITALITY.
BEFORE I START MY PRESENTATION, I'M JOINED THIS EVENING BY MY CLIENT, UH, DETO.
DETO IS CONCERNED THAT WE DO NOT HAVE A FULL BOARD THIS EVENING.
UM, AT LEAST TWO OF YOUR BOARD MEMBERS HAVE VISITED HIS PROPERTY AND CONDUCTED A SITE INSPECTION.
UM, SOME OF WHOM WERE VERY ACTIVELY ENGAGED IN THE, UM, DISCUSSION OF THE ISSUES CONCERNING THIS MATTER.
HE IS CONCERNED THAT HE DOESN'T HAVE A FULL BOARD.
IF I KNEW THAT YOUR BOARD WAS WILLING TO TAKE A STRAW POLL VOTE AND THERE WOULD BE NOTHING BINDING ON MY CLIENT AND WE WOULD HAVE A RIGHT TO ADJOURN, I WOULD ADJOURN.
UM, IF YOU'RE NOT COMFORTABLE DOING THAT, THEN I WOULD ADJOURN THIS EVENING AND COME BACK WHEN WE HAVE A FULL BOARD.
I, I KNOW THERE WERE SOME NEIGHBORS HERE.
UM, MY CLIENT DOESN'T, UH, INTEND OR WISH TO BE DISRESPECTFUL IN ANY WAY TO HIS NEIGHBORS.
HOWEVER, MORE IMPORTANTLY FOR HIMSELF, HE DOESN'T WANNA PREJUDICE HIS OWN RECORD.
UM, IN, IN 30 SECONDS OR LESS.
I'VE SPENT MONTHS IN FRONT OF THE PLANNING BOARD.
I RECEIVED A NEGATIVE DECLARATION UNDER SECRA, I RECEIVED A POSITIVE REFERRAL FROM THE PLANNING BOARD ON THIS APPLICATION.
I'M READY TO MOVE FORWARD AND SECURE VARIANCES THAT WE BELIEVE WE'VE DOCUMENTED AND ARE WELL-DESERVED.
AND FOR HIM, HE'D LIKE TO SEE THE WHOLE BOARD HERE.
SO, MADAM CHAIR, I, I, AGAIN, I'M, I'M SEARCHING FOR THE BEST WAY TO ADDRESS THIS.
I DON'T WANNA WASTE YOUR TIME.
I DON'T WANNA WASTE AND, UH, WASTE MY CLIENT'S RIGHTS AND PRIVILEGES.
UM, I KNOW THIS MAY BE A LITTLE UNUSUAL, BUT HOW MANY PEOPLE ARE HERE TO SPEAK ON THIS MATTER? LOOKS LIKE FOUR.
UM, COULD YOU COME BACK OR IS THERE ANY IMPEDIMENT TO, FROM THE APPLICANT TO ALLOWING THEM SO YOU CAN HEAR WHAT THEY'RE, WHAT THEY HAVE TO SAY TONIGHT OR NOT? SO, I, I LEAVE IT UP TO YOU.
SO, UM, IT'S MY CLIENT'S APPLICATION, NOT
[00:45:01]
THE NEIGHBORS.SO IF WE ALL COLLECTIVELY WITH YOUR BOARD DECIDE WE'RE ADJOURNING, WE'RE ADJOURNING, AND, AND THE NEIGHBORS, UM, WILL HAVE THE SAME DUE PROCESS RIGHTS TO RETURN SHOULD THEY WISH TO DO SO, UM, MY CONCERN IS THAT, AND MY PRIORITY HAS TO BE MY CLIENT'S DUE PROCESS RIGHTS.
AND, AND THAT'S WHY I, I RISE MADAME CHAIR TO THE PODIUM BEFORE I EVEN BEGIN MY PRE I'M READY TO GO.
I HAVE A PRE I UNDERSTAND, BUT I, I FEEL SOMEWHAT HAMSTRUNG ON THAT.
UM, I KNOW IT'S NOT THE CHAIR'S FAULT.
UH, BUT THERE ARE ISSUES IN TERMS OF HAVING A FULL BOARD.
AND I, I HOPE YOU ALL UNDERSTAND THAT.
WE DO, WE ACCEPT THAT I WOULD RESPECTFULLY REQUEST THEN THAT WE ADJOURN TO THE NEXT MEETING.
AND AT THAT, AT THAT TIME, HOPEFULLY WE WILL HAVE A FULL BOARD.
ALRIGHT? WE WOULD HAVE TO TAKE A VOTE ON THAT.
MY UNDERSTANDING FROM MR. LIEBERMAN IS I'M ENTITLED TO ONE FREEBIE.
OH, YOU HAVEN'T HAD ONE?
UM, BUT UH, BUT THAT'S BASED ON A 48 HOUR REQUEST, RIGHT?
DAVID, WE DON'T HAVE A FULL BOARD.
DAVID, YOU DON'T, WE ONLY HAVE FOUR PEOPLE.
SO YOU GUYS, I THINK I UNDERSTAND THAT, BUT THINGS COME UP, THEY REALLY DO.
SO, SO I DON'T WANT TO HEAR ABOUT A 48 HOUR RULE BECAUSE PEOPLE IN THIS ROOM HAVE MY CELL PHONE, PEOPLE THAT HAVE MY EMAIL.
ALL I SAID WAS, IS THAT WE WOULD HAVE TO TAKE A VOTE.
WELL, I HEARD SOMETHING ABOUT A 48 HOUR RULE ON MY FREEBIE, SO I WELL, I DON'T HAVE ANY CONTROL OVER THAT.
I, WELL, I I'M ASKING YOU TO CONSIDER IT IN ANY EVENT, ALL WITH ALL DUE RESPECT, WE WOULD REQUEST AN ADJOURNMENT.
I DON'T KNOW IF WE CAN VOTE NOW OR WE HAVE TO WAIT
WELL, IN A PROCEDURAL VOTE, YOU CAN VOTE NOW.
PEOPLE DON'T HAVE TO WAIT AROUND.
YOU WANNA MAKE A MOTION? SURE.
UH, I MOVE THAT CASE NUMBER 2320 HARTHILL HOSPITALITY BE ADJOURNED TO THE MEETING OF OCTOBER.
WE APOLOGIZE TO, UH, THE NEIGHBORS THAT ARE HERE.
HOWEVER, IF YOU, UM, WISH YOU CAN PUT YOUR COMMENTS IN WRITING AND THAT WILL BECOME PART OF OUR RECORD.
YOU CAN SEND US LETTERS OR THEY CAN COME, OR YOU CAN COME IN PERSON OR YOU CAN DO AS WE DO ON THE ZOOM, YOU CAN ALSO APPEAR FROM YOUR HOME.
AND THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 2321 E G C SEVEN L L C BILL INDUSTRIES.
AND I GUESS, ARE WE HEARING THESE TWO CASES TOGETHER? NO.
SO THIS IS FOR THE MODIFICATION AND RENEWAL OF THE SPECIAL PERMIT PREVIOUSLY GRANTED BY US MADAM CHAIR, MEMBERS OF THE BOARD, DAVID STEINMETZ FROM THE LAW FIRM OF Z AND STEINMETZ HERE THIS EVENING REPRESENTING FAIL INDUSTRIES.
I'M JOINED BY MY CLIENT, GLEN PANA, UM, HIS COLLEAGUES, JEFF MANGANELLO AND, UH, JESSE LOZADO.
I'M ALSO JOINED BY, UH, DARIUS ZEDA, UH, MY CO-COUNSEL FROM THE LAW FIRM OF HARRIS BEACH, AS WELL AS PETER LOYOLA, OUR PROJECT ENGINEER.
UM, SIMILAR TO MY LAST SERIES OF COMMENTS, MADAM CHAIR AND MEMBERS OF THE BOARD, WE ARE HERE THIS EVENING.
WE HAVE A FULL PRESENTATION, UH, THAT WE WERE READY TO MAKE WITH REGARD TO THE SPECIAL PERMIT APPLICATION.
AND I APPRECIATE MR. LIEBERMAN CONFIRMING PRIOR TO THIS EVENING THAT THE ORDER WAS REVERSED SO THAT THE SPECIAL PERMIT WOULD BE ADDRESSED.
UH, FIRST WE REALLY THOUGHT THAT WAS THE BETTER WAY TO HANDLE THIS AND HOPEFULLY OBVIATE ANY NEED TO EVEN DISCUSS THE STOP WORK ORDER AGAIN, IN LIGHT OF THE EXTENSIVE DISCUSSIONS THAT WE HAD TWO WEEKS AGO FOR THREE AND A HALF HOURS, THE FACT THAT SEVERAL OF THE MEMBERS OF THIS BOARD, INCLUDING SOME WHO ARE NOT HERE TONIGHT, VISITED THE PROPERTY AND HAVE BEEN ACTIVELY ENGAGED IN THIS MATTER.
MY CLIENT RESPECTFULLY REQUESTS MADAM CHAIR MEMBERS OF THE BOARD THAT WE BE AFFORDED A FULL BOARD.
THIS IS A REALLY IMPORTANT APPLICATION, YOU KNOW, THAT I DON'T HAVE TO REMIND YOU OF THAT.
OH, I THINK THEY'RE ALL IMPORTANT.
AND, AND, AND THIS IS OF CRITICAL IMPORTANCE TO MY CLIENT.
SO HAVING SAID THAT, UM, BOTH THIS MATTER AND THE SUCCESSIVE MATTER
[00:50:01]
ON THE STOP WORK ORDER, WE WOULD RESPECTFULLY REQUEST TO ADJOURN THOSE TO CONTINUE THE STIPULATION OF COMPLIANCE THAT WE ENTERED INTO.IT REMAINS OUR POSITION THAT MY CLIENT HAS COMPLIED WITH, THAT WE HAVE CONTINUED TO, UM, WORK COOPERATIVELY SAFELY IN AN ENVIRONMENTALLY FRIENDLY FASHION.
THE TOWN OF GREENBERG'S TRUCKS CONTINUE TO ROLL ONTO MY CLIENT'S PROPERTY, AS DO OTHER MUNICIPALITIES.
AND WE WOULD ASK RESPECTFULLY THAT WE HAVE A FULL BOARD BEFORE.
THIS IS A, THIS IS A COMPLICATED MATTER AS YOU KNOW, AND WE WOULD LIKE TO HAVE A FULL BOARD.
I WAS GONNA GIVE YOU THAT OPPORTUNITY.
UM, I'M GETTING SOME NOTES THAT THE WEB FEED IS DOWN AND THE TV FEED IS DOWN.
I WANNA SEE IF WE CAN RECTIFY THAT VERY, VERY QUICKLY.
I'M TELLING YOU WHAT ELSE CAN GO WRONG.
POSTPONE DOES KEEP COMING BACK, I GUESS.
AND WE DON'T GET ANY LAST TIME WE DID.
YEAH, BECAUSE NO, I THINK IT'S, UH, BECAUSE EVERYBODY WE'RE UP.
DO WE HAVE TO WAIT FOR HIM? YEAH.
NOW I NOW UNDERSTAND THAT THE WEB FEED'S BACK, SO SORRY FOR THAT.
YES, YOU WERE USING JOSEPH DANKO TOWN ATTORNEY.
THANK YOU MADAM CHAIR AND THE BOARD FOR HAVING ME HERE TONIGHT.
UM, APOLOGIZE IF I'M A LITTLE DISHEVELED.
I TRAVELED FROM A FUNERAL FROM PENNSYLVANIA EARLIER TODAY.
UM, BUT I DID WANT THE RECORD TO REFLECT THAT TOWN STAFF CANNOT CONSENT.
I UNDERSTAND YOU MAY DIFFER WITH YOUR OPINION, BUT WE CANNOT CONSENT TO THE FURTHER STAY OF A STOP WORK ORDER BECAUSE BASED ON THE MONITOR WE HAVE IN PLACE OVER THE LAST TWO WEEKS, WE BELIEVE THAT FAIL INDUSTRIES HAS NOT BEEN IN COMPLIANCE WITH THE AGREEMENT THAT WAS SIGNED TWO WEEKS AGO.
AND WE DO HAVE THE BUILDING INSPECTOR READY TO PRESENT AS TO WHY, WHICH CONDITIONS HAVE NOT BEEN COMPLIED WITH OVER THE NEXT TWO, OVER THE LAST TWO WEEKS SINCE OUR LAST MEETING HEAR TESTIMONY BEFORE WE, I WAS GONNA SAY THIS IS A NOVEL SITUATION HERE, BECAUSE BEFORE YOU START IS THE TOWN'S OBJECTION TO THE CASE 2321 OR JUST THE 2322, WHICH IS THE STOP WORK ORDER, 2322, WHICH IS THE STOP WORK ORDER.
AND I COMPLETELY APPRECIATE MR. LIEBERMAN'S QUESTION.
UH, BUT FROM THE APPLICANT'S STANDPOINT, THEY KIND OF HAVE TO RISE AND FALL TOGETHER.
I'M NOT EXACTLY SURE WHERE THIS, WE'RE DELIGHTED TO HAVE AN ADJOURNMENT ON THE, ON THE SPECIAL PERMIT THAT, THAT TO ME, AS I TOLD YOU TWO WEEKS AGO, IS THE MORE IMPORTANT DISPOSITIVE APPLICATION.
WE ALL KNOW THAT WE NEED TO WORK ON A NEW SPECIAL PERMIT.
WE THINK WE'VE TEED IT UP NICELY, BUT I THINK I'M DESER, I THINK MY CLIENT DESERVES A FULL BOARD TO DO THAT.
IN THE INTERIM, THE OTHER APPLICATION PERMITS THE LEGAL MECHANISM FOR THE STAY OF THE ENFORCEMENT OF THE STOP WORK ORDER FOR THE LAST TWO WEEKS.
TONIGHT IS THE FIRST TIME I'M HEARING FROM THE TOWN FROM MY FRIEND THE TOWN ATTORNEY, THAT THERE IS SOME KIND OF NON-COMPLIANCE.
UM, WE, WE KNOW THAT THERE HAD BEEN AN ISSUE.
UH, I GOT ONE EMAIL LAST FRIDAY, LATE AFTERNOON FROM THE DEPUTY TOWN ATTORNEY, WHICH I RESPONDED TO IMMEDIATELY, UH, AND HAD NO SUBSEQUENT CORRESPONDENCE ON THAT.
SO FROM MY CLIENTS AND OUR TEAM WE'RE IN COMPLIANCE.
FOOTNOTE, FOR WHATEVER IT'S WORTH, YOU'LL BE PLEASED TO KNOW THAT WHEN THE TOWN OF GREENBURG ROLLED A TRUCK OF PURE ASPHALT ONTO OUR PROPERTY THREE DAYS AFTER OUR THREE AND A HALF HOUR DELIBERATIONS, MY CLIENT RESPECTFULLY ASKED THEM TO EXIT AND MOVE ON.
SO MAYBE THE TOWN WASN'T COMPLYING WITH THE STIPULATION, I DON'T KNOW.
BUT ALL I THINK IT'S IMPORTANT FOR YOU TO KNOW, SINCE THAT WAS AN ISSUE THAT WE DISCUSSED SERIOUSLY AND EXTENSIVELY, WHETHER IT WAS REALITY, A TEST OR OTHERWISE, WE COMPLIED WITH THE STIPULATION.
COULD YOU PERHAPS, UM, BOTH GENTLEMEN,
[00:55:01]
WE WOULD BE DELIGHTED TO.WE'LL TAKE ANOTHER CASE AND YOU CAN COME BACK IN.
WE'RE PREPARED TO THANK YOU AND I WOULD LIKE TO OFFER ANY ALTERNATIVE AS WELL.
IF THE STAY WERE TO REMAIN IN PLACE UNTIL THE NEXT MEETING, PERHAPS MAYBE WE CAN COMPLY ENTIRELY WITH THE 2002 SPECIAL PERMIT CONDITIONS.
I KNOW WE MADE, YOU DIDN'T MAKE ANY DECISION LAST TIME YOU PUT AN ADJOURNMENT IN PLACE BASED ON THEIR, UH, AGREEMENT.
BUT PERHAPS WE CAN PUT THE HOURS OF OPERATION PROVISION BACK INTO PLACE TOO, TO COMPLY WITH THE TOWN CODE'S NOISE ORDINANCE AND TO COMPLY WITH THE 2002 SPECIAL PERMIT.
I WOULD SUGGEST THAT COULD BE ANOTHER ALTERNATIVE.
WHY DON'T WE STEP OUTSIDE AND HAVE A CONVERSATION.
WE, WE, MR. DANKO AND I HAVE WORKED COOPERATIVELY TOGETHER ON NUMEROUS MATTERS.
WE'RE GONNA TRY TO DO THAT ON THIS AS WELL.
I'M CHAIRING A ZONING MEETING RIGHT NOW.
THIS IS 89 MARION AVENUE HARTSDALE.
YES, THIS IS, UH, DEAN LER, LANDSCAPE ARCHITECT FOR PRAVIN ELAC 89 ION F.
UM, SIR, IF YOU COULD PLEASE SPELL YOUR NAME FOR THE RECORD.
UH, FIRST NAME'S DEAN, D E A N, LAST NAME LAR, P U S H L A R.
WE ARE REQUESTING AN AREA VARIANCE, UM, TWO, TWO AREA VARIANCE.
ONE FOR A POOL SETBACK, UM, FROM 15 FEET TO ZERO FEET, AND A PATIO SETBACK FROM 10 FEET TO ZERO FEET.
UM, I'LL TRY TO SHARE MY SCREEN.
THIS IS THE, UH, EXISTING SURVEY.
CAN EVERYONE SEE MY SCREEN? YES, WE CAN.
UM, MAYBE I'LL PULL A DIFFERENT DRAWING UP.
UM, HELEY AVE TO THE NORTH, UM, OF THE SOUTH IS MARION AVE.
THE, THE HOUSE FACES MARION AVE TO ACCESS VIA DRIVEWAY IN THE FRONT YARD.
UM, THIS, THE BACK CORNER OF THE PROPERTY FROM BASICALLY THIS WALL BACK ARE STEEP SLOPES FULL OF WOODS AND TREES, ROCK, COW, CROPPINGS.
UM, SO REALLY THERE'S SOME LARGE OAK TREES AND A LARGE MAPLE TREE ON THIS SIDE.
UM, SO WE WANTED A VARIANCE FOR, TO PUT A POOL IN THIS AREA, ALLOW 'EM PULL UP IN THE NEXT, HERE'S A BETTER VIEW OF WHAT WE'RE PROPOSING.
UM, SWIMMING POOL HERE, PATIO HERE.
THE SWIMMING POOL IS ROUGHLY 16 BY 34.
UM, ACTUALLY THE CLIENT WANTED A LARGER POOL, BUT, UH, WE REDUCED IT TO MAKE IT FIT WITHIN THE CONSTRAINTS THAT WE HAVE.
UM, AS YOU COULD SEE, THESE ARE THE STEEP SLOPES HERE THAT ARE, UH, REGULATED BY THE STEEP SLOPES, UM, REGULATIONS, UM, IN THE TOWN.
THE PROPERTY LINE IS, YOU KNOW, ONCE WE DID THE SURVEY, CAME RIGHT THROUGH THE PROPERTY.
THERE'S AN EXISTING FENCE THAT RUNS HERE AND STOPS HERE.
UM, SO THE HOMEOWNER'S BEEN MAINTAINING THIS PART OF THE PROPERTY.
UM, SINCE HE'S LIVED THERE, THERE ARE SOME EXISTING M LOCKS AND A FEW, UH, LARGER TREES ALONG, UH, THIS HEALY AVENUE.
UM, SO AGAIN, WHAT WE'RE ASKING FOR IS TWO, TWO VARIANCES.
THE SETBACK FROM THIS IS THE SETBACK LINE FOR THE POOL.
SO WE'RE ASKING FOR A ZERO FOOT SETBACK FOR THAT.
A PATIO SETBACK OF ZERO FEET AS WELL.
[01:00:01]
THE SETBACK FOR A PATIO IS 10 FEET.UM, THERE'S EXTREMELY STEEP SLOPES.
UM, IT'S A CORNER LOT, SO WE'RE REALLY NOT AFFECTING ANY NEIGHBORS HERE.
THERE'S AN EXISTING FENCE THAT WE WILL JUST REBUILD.
UM, IT'LL BE A SOLID BOARD FENCE WITH SOME NEW LANDSCAPING.
UM, SO OUR HARDSHIPS REALLY ARE THE SHAPE OF THE LOT.
THE WAY THAT THIS, THE BACK OF THE LOT KIND OF COMES INTO A PIE SHAPE IN THE BACK, KIND OF CONSTRICTS WHERE THIS PROPERTY LINE IS.
UH, WE HAVE VEGETATED STEEP SLOPES AGAIN, UM, THERE'S REALLY NOT GONNA BE A DETRIMENTAL EFFECT ON THE NEIGHBORHOOD OR THE PUBLIC WELFARE.
UH, THE POOL IS WITHIN THE EXISTING REAR YARD AS IT CURRENTLY IS.
UM, SO THERE'S REALLY NO EFFECTIVELY DIFFERENCE FROM WHAT'S WHAT'S CURRENTLY THERE OTHER THAN HAVING A POOL.
UM, ONE OF THE NEIGHBORS DID HAVE, UM, CONCERN ABOUT STORM WATER.
UM, WE DID RECEIVE A LETTER ABOUT THAT.
UM, AS PART OF THIS APPLICATION, AS A, AS A TYPICAL BUILDING PERMIT APPLICATION, WE WILL NEED TO PROVIDE A FULL STORM WATER MANAGEMENT PLAN THAT PROVIDES, UH, INFILTRATION FOR A 25 YEAR STORM.
SO THAT IS A GIVEN THAT HAS TO BE DONE IN ORDER TO MAKE THIS, UM, A PRESENTABLE TO THE BUILDING DEPARTMENT.
UM, SO IF ANYONE HAS ANY QUESTIONS, I'M HAPPY TO, HAPPY TO TAKE THEM.
I HAVE TWO QUESTIONS AND I'LL ASK BOTH OF THEM AND THEN YOU CAN AN I'LL ASK BOTH OF THEM AND THEN YOU CAN ANSWER THEM TOGETHER.
DID I JUST HEAR YOU SAY THAT YOU INTEND TO TAKE DOWN THE FENCE THAT IS ON PUBLIC PROPERTY AND REPLACE IT WITH A NEW FENCE ON THE PUBLIC PROPERTY? AND THE SECOND ONE IS, WAS THERE ANY THOUGHT PUT INTO MOVING THE POOL CLOSER TO THE HOUSE WHERE YOU CURRENTLY HAVE PATIO WITH FURNITURE AND STUFF, WHICH WOULD TAKE AND CLOSER TO THE PORTABLE SPA AND SO IT WOULD NOT BE SO CLOSE TO THE PROPERTY LINE? UH, SO THE ANSWER TO THE FIRST QUESTION WAS WITH REGARD TO THE FENCE.
UH, SO THE FENCE IS EXISTING, WE WILL NEED A FENCE FOR THE POOL OF CLOSURE.
SO WE WILL BE REPLACING THAT FENCE, UM, AND ACTUALLY EXTENDING IT TO, TO THE QUARTER OF THE HOUSE.
UM, QUESTION NUMBER TWO WAS, UH, IT, CAN WE MOVE THE POOL CLOSER TO THE GARAGE? THERE'S ACTUALLY A 10 FOOT SETBACK, UM, FOR SWIMMING POOL FROM A STRUCTURE FROM A HOUSE, I BELIEVE SO.
SO THIS, YOUR, YOUR FIRST ANSWER MAKES ME QUESTION, DO YOU HAVE A PERMIT TO ENCLOSE PUBLIC LAND ON YOUR PRIVATE PROPERTY? SO THIS IS A UNIMPROVED ROAD.
IT, IT LISTS, IT'S LISTED ON, UM, AS A, AS A, AS A PRIVATE ROAD.
SO THIS WOULD BE, WOULD FALL, I BELIEVE UNDER EMINENT DEME.
'CAUSE YOU'RE NOT BUILDING IT ON YOUR PROPERTY LINE.
YOU'RE BUILDING THIS FENCE ON PUBLIC PROPERTY AND YOU'RE ENCLOSING AND PREVENTING THE PUBLIC FROM GETTING TO PUBLIC LAND FOR REPLACING THE EXISTING FENCE IN KIND.
I HOW LONG HAS YOUR, UH, CLIENT OWNED THE PROPERTY? UH, AT LEAST 10 YEARS.
I'M NOT SURE IF HE WANTS TO CHIME IN PRAVIN SINCE 2008.
AND THE FENCE THAT IS THERE, IS THAT FENCE, WAS THAT THE SAME EXACT FENCE THAT IS STILL THERE NOW? YES.
THE FENCE WAS IN PLACE BEFORE WE PURCHASED A PROPERTY AND, UH, IT WAS, UH, NEVER IMPROVED OR TOUCHED.
AND, UH, FROM WHAT I UNDERSTAND, THE PRIOR OWNER, UH, HAD THE FENCE AS WELL.
DID THE PRIOR OWNER GIVE YOU ANY INDICATION THAT, UH, THAT FENCE, YOU KNOW, WAS, WAS YOURS OR DID, DID YOU KNOW AT THAT TIME WHEN YOU PURCHASED THE PROPERTY THAT UH,
[01:05:01]
IT WAS NOT ON YOUR PROPERTY? NO, NO, I WASN'T AWARE.SIR, FOR THE RECORD, IF YOU COULD KINDLY STATE YOUR NAME AND SPELL IT, PLEASE.
THIS IS PRAVEEN AK, P R A V E E N E L A K IS MY LAST NAME.
SO WHEN YOUR ARCHITECT WAS JUST SPEAKING, HE SAID THAT THE FENCE WAS NOT FULLY ENCLOSING THE PROPERTY.
UM, BUT THAT WAS THE EXTENSION OF THE FENCE THAT YOU ARE PROPOSING TO DO NOW THAT THE FENCE ONLY WENT TO, UM, THE BEND ON THE LONGER SIDE OR, OR CURRENTLY ONLY GOES TO THE BEND ON THE LONGER SIDE? THAT'S CORRECT.
SO THE ENCLOSURE PART OF IT DIDN'T, DOESN'T EXIST CURRENTLY? THAT'S CORRECT.
SO THE PUBLIC HAS ACCESS TO THE PUBLIC LAND.
SO WHEREVER THE YELLOW LINE IS, THAT'S CURRENTLY PART OF THE YARD THAT WE'VE BEEN IMPROVING AND MAINTAINING FOR MORE THAN 10 YEARS.
THE, THE AREA BETWEEN THE YELLOW LINE AND THE BLACK LINE, BUT WHERE CAN YOU SHARE WITH US WHERE THERE IS AN EXISTING FENCE TODAY? LIKE IT ALL IN YELLOW, LIKE, LOOKS LIKE IT'S EXISTING.
SO THIS IS THE, THIS IS THE SURVEY.
SO THIS IS WHERE THE FENCE STARTS AND IT GOES BACK HERE.
WE'RE NOT SEEING WHAT YOU'RE DOING.
AND THIS IS WHERE IT STOPS CURRENTLY.
THAT'S WHERE THE EXISTING FENCE IS.
WE COULD, WE COULD PUT THE FEDS HERE, BUT AS YOU CAN SEE FROM THE PICTURES, CAN YOU SEE THIS PICTURE? MM-HMM.
I GUESS WE'D HAVE TO ASK THE BUILDING DEPARTMENT IF THEY KNOW IF THERE WERE ANY PERMITS FOR ANY OF THIS.
SO WE, WE HAD A HOUSE FIRE IN 2014 AND, AND THE WHOLE HOUSE WAS, UH, BROUGHT DOWN TO THE STRATS AND REBUILT.
AND, UH, THERE WAS A, UH, ENTIRE, UH, BUILDING PERMIT APPLICATION THAT WAS PUT IN.
AND, AND THE HOUSE WAS ESSENTIALLY REBUILT IN 2014, AND WE DID GET A CO IN 2015.
THAT PORTION OF HEAL THIS PORTION OF HEALY AVENUE IS NOT A PUBLIC RIGHT OF WAY OR PUBLIC LAND, IF YOU WILL.
UM, IF THAT WERE A PUBLIC RIGHT OF WAY, THEN THERE WOULD BE ISSUES WITH THAT FENCE IN THAT SPACE.
UH, SO WHO TOOK, THERE'S, THERE'S THE PROSPECT THAT IN THE FUTURE AT SOME POINT, ONE NEVER KNOWS, BUT IT COULD BE PROPOSED TO BE UPDATED TO A TOWN STANDARD ROAD.
AT WHICH POINT, IF THAT WERE THE CASE, UM, THE FENCE WOULD BE IN THE WAY OF THAT.
AND I THINK IF THAT WERE THE CASE, THE FENCE WOULD HAVE TO COME OUT TO ACCOMMODATE THAT.
UM, BUT I DO BELIEVE THAT WHAT WAS SHOWN IN THE PHOTO THERE IS ACCURATE THAT HISTORICALLY, UM, THAT FENCE AND MUCH OF THEIR YARD IS IN THAT PRIVATE, UH, RIGHT OF WAY SPACE.
SO WHO OWNS THAT PIECE OF LAND IF IT'S NOT A PUBLIC STREET, THAT THAT WOULD BE FOR THE, YOU KNOW, THE APPLICANT TO REPRESENT THROUGH
[01:10:01]
TITLE SEARCH YEAH.THERE, THERE ARE A VARIETY OF SCENARIOS.
IT'S COMMONPLACE FOR THE PROPERTY LINE TO GO OUT TO THE CENTER OF AN UNIMPROVED STREET WITH THE ADJOINING OWNERS ON EACH SIDE, UM, SORT OF HAVING, YOU KNOW, DEEDED RIGHTS TO THAT I SUPPOSE.
BUT, UM, IN THIS PLACE, IN THIS INSTANCE, THERE SEEMS TO BE AN ACTUAL PROPERTY LINE THOUGH.
IF THIS IS THE RESULT OF A RECENT SURVEY THAT SAID THAT IS THE PROPERTY LINE, IT WOULD NOT BE THE CENTER OF THE COMP OF THE UNIMPROVED ROAD.
THE PROPERTY LINE IS AC, YOU KNOW, IS ACCURATELY SHOWN AS IN THE SURVEY, UM, AND ON THIS PLAN, YES.
THERE'S SOME INFORMATION THAT I GUESS IS NECESSARY.
IS THERE ANYONE IN THE AUDIENCE THAT WANTED TO ADDRESS THIS COME UP PLEASE, MA'AM.
UH, FOR ONE, I THINK SPEAK INTO THE MICROPHONE PLEASE.
MY NAME IS BARBARA ZEKI AND I LIVE AT 65 MARIA AVENUE.
AND MY HUSBAND RICHARD, THE ONE IN THE WHEELCHAIR.
UM, I SENT, UM, AN EMAIL A COUPLE OF DAYS AGO EXPLAINING MY POSITION ABOUT THIS.
UM, I DON'T KNOW THE NEIGHBORS, BUT SOME YEARS AGO THEY WERE ASKING FOR A, YOU KNOW, A PETITION TO BUILD A PORCH IN THE FRONT, AND THEY ASKED THE NEIGHBORS AND I, WE DID SIGN, YOU KNOW, WE HAD NOTHING AGAINST, AGAINST, YOU KNOW, AGAINST THAT.
UH, I AM AGAINST THIS POLE AND AGAINST THIS VARIANCE.
YOU GIVE IT TO SOMEBODY TO BUILD SOMETHING ON THE PROPERTY LINE, AND THEN OTHER PEOPLE WILL SAY, IT'S OKAY, THEY DID IT, SO WE'LL DO IT.
YOU KNOW, IT'S, IT'S A PRECEDENT AND I THINK IT'S, IT'S NOT LIKE BUILDING A, YOU KNOW, EVEN A HEDGE OR, OR SOMETHING.
UH, IT'S, IT'S, UM, IT'S PERMANENT.
UH, ALSO THERE IS A STORM DRAIN THAT GOES FROM LIKE THAT IN THAT CORNER, UM, FROM, FROM THE HILLS THAT BELONG TO THE TOWN, YOU KNOW? AND, UM, ON FRONT OF THAT PROPERTY AND IN FRONT OF MY PROPERTY, AND WE GET FLOODED.
THERE IS A PROBLEMS. WE GOT FLOODED THREE FEET.
THE, THE DRIVEWAY, THE GARAGE, THE BASEMENT, A HUGE BASEMENT.
UH, WE GOT FLOODED LAST YEAR IN JULY, JULY 18.
THERE IS, UH, AN OPENING IN THE, FOR THE STONE DRAIN.
AND THAT'S, SO FAR IT IS THE ONLY ONE THAT THEY, THE TOWN FOUND.
AND IT'S JUST A G ARE COMING OUT AND JUST FLOODING.
UH, THE TOWN COMES ONCE IN A WHILE.
IT, WE HAD SO MANY EMAILS, SO MANY, SO MANY TIMES PEOPLE CAME IN FROM THE TOWN AND THEY'RE TRYING TO DO SOMETHING AND IT'S GOING ON FOR TWO YEARS, AND SO FAR NOTHING IS FIXED.
SO THAT'S, IS ON FRONT OF THAT PROPERTY.
MY PROPERTY, WE ARE THE VICTIMS. MY HOUSE IS THE VICTIM OF ANYTHING THAT'S HAPPENING DOWN THERE, AND IT'S NOT BEING FIXED, AND THEY DON'T KNOW HOW THEY'RE GOING TO FACE IT.
SO ANY KIND OF, FIRST OF ALL, I WOULDN'T WANT TO HAVE, UH, A SWIMMING POOL TOUCHING MY PROPERTY OF THE NEIGHBOR.
YOU KNOW, THAT'S, THAT'S NOT RIGHT.
THERE ARE CERTAIN RULES AND THERE'S A REASON WHY THERE SHOULD BE LIKE 15 FEET DISTANCE.
AND SO I, I WOULDN'T WANT THAT FOR MYSELF.
I WOULDN'T WANT ANYBODY TO DO IT EITHER.
UH, I'M VERY WORRIED, I'M PETRIFIED ABOUT EVERY TIME THAT THERE IS A BIG RAIN.
IF MY HOUSE, WE HAVE A PUMP IN THE DRIVEWAY THERE, WHICH IS NOT LIKE AUTOMATIC, YOU HAVE TO PUT IT ON, YOU KNOW, TO SET IT UP.
[01:15:01]
ARE FOUR THINGS THAT YOU HAVE TO DO, UH, THAT WE BOUGHT, AND IT'S IN THE DRIVEWAY IN CASE, YOU KNOW, THERE'S A, SOMETIMES WE HAVE TO GO TO THE DOCTOR OR FOR THERAPY.MY HUSBAND IS A, IS A STROKE VICTIM, AND WE HAVE THIS, AND WE HAVE, SO WE HAVE TONS OF ISSUES.
AND JUST THINKING ABOUT AN IN INDOOR POOL, YOU KNOW, IN, UM, UH, INGRAM POOL AND WHAT THE WATER'S GOING TO DO OR AFFECT IT IS JUST, I'M JUST DEFINITELY AGAINST IT.
I'M SORRY ABOUT, YOU KNOW, THEY'RE PROBABLY NICE PEOPLE, BUT, UH, I'M, YOU KNOW, THE, THE STORM DRAIN IS NOT BEING ADDRESSED.
WELL, IT'S BEING ADDRESSED, BUT IT'S NOT, NOTHING IS BEING DONE SO FAR.
HOW, HOW WOULD THE ADDITION OF THAT POOL OF AFFECT THE STORM DRAIN? I JUST DON'T KNOW.
WHERE'S THE WATER GOING TO GO AND, YOU KNOW, WELL, IT MIGHT GO INTO THEIR POOL.
SO THE WATER WASN'T GOING THAT WAY.
UM, UH, IT WAS JUST COMING INTO MY, WHEN THE WATER REACHED THIS LEVEL, THEN THE TERRAIN IS THE EXTRA WATER WENT INTO THE NEIGHBOR AND INTO HIS BASEMENT.
AND IT'S STILL, THE PIPES ARE NOT BEING FIXED.
THERE IS, SO, BECAUSE WE GOT FLOODED ON IN JULY, JULY 18 LAST YEAR, AND WE ARE JUST THE TWO OF US.
I HAVE TO TAKE CARE OF MY HUSBAND AND I HAVE TO PUT, YOU KNOW, CHECK AT NIGHT IF IT'S FOR, IF IT'S RAINING, AND CHECK IF THE DRIVER IS FLOODED TO GO RUN IN THERE TO, TO PUT THE MACHINE ON.
IT'S, IT'S, YOU SAID SOMETHING ELSE.
YOU SAID THAT YOU WOULDN'T WANT TO HAVE A POOL, RIGHT? ON YOUR TOUCHING MY PROPERTY? NO, IT'S NOT SAFE.
BUT WHERE DOES IT, BUT WHERE IS IT THAT THIS WOULD POSSIBLY TOUCH YOUR PROPERTIES? NO, NO, IT DOESN'T TOUCH, THAT'S WHAT I THOUGHT.
MY PROPERTY, NO, THERE ARE TWO HOUSES IN BETWEEN.
BUT IT, THERE ARE PEOPLE THAT DO THINGS THAT ARE NOT, RIGHT.
BUT THEY CAME HERE TO TRY TO SEE IF THEY CAN DO IT AND GET OUR PERMISSION.
THAT'S WHAT IT'S, WELL, IF THEY DO IT, THEN SOMEBODY ELSE WILL SAY, WELL, THEY DID IT.
SO HOW ABOUT THE VARIANCE FOR ME? YOU KNOW? WELL, EVERYBODY, BASICALLY, EVERYBODY THAT WE SEE WANTS A VARIANCE.
SO WE CAN'T COMPLAIN ABOUT THAT.
BUT WHAT I'M SAYING IS EVERYONE HAS A RIGHT TO SEEK, YOU KNOW, TO TRY TO DO WHAT THEY WISH TO DO TO THEIR PROPERTY.
THAT THEY DON'T ALWAYS GET IT.
BUT, YOU KNOW, I AM SCARED ABOUT MY HOUSE SITUATION.
AND, UH, IT'S, UM, IT'S A, IT'S A BAD SITUATION AND I DON'T THINK THAT'S GOING TO HELP.
IF THEY WOULD AGREE TO MAKE A NEW LINE UNDER MARIO AVENUE FOR THE STORM DRAIN, ANOTHER STORM'S RAIN OR SOMETHING LIKE THAT, YOU WOULD BE HAPPY.
ALL I WANT IS PEACE OF MIND, BECAUSE I, OKAY, WELL, WE'RE NOT IN A POSITION TO MAKE A DECISION ON THIS, THIS EVENING BECAUSE AS YOU HEARD, SO MANY ISSUES HAVE COME UP WITH REGARD TO, UH, THE LINE AND WHERE, WHERE THE FENCE IS GOING, ET CETERA.
UH, ABOUT THAT FENCE, I DON'T KNOW ABOUT THE FENCE.
WE LIVED THERE SINCE 19 60, 65.
WHO PUT THE FENCE UP IN NOT 65 OR 76.
UH, THERE WERE, THERE WAS SOME FENCE.
UH, MY KIDS AND US, YOU KNOW, THEY WERE, BECAUSE IT'S LIKE NEXT DOOR, YOU KNOW, IT'S AT THE END OF OUR STREET.
SO IT'S, THAT'S THE THIRD HOUSE.
AND IT'S BEEN THERE ALL THAT TIME.
SO WE LIVED THERE AND THEY NEVER HAD PROBLEMS WITH FLOODING.
AND, AND IT'S NOT BEING FIXED.
AND THIS IS, YOU, YOU SHOULD PRESENT THIS AT THE TOWN BOARD.
WE'RE ONLY THE ZONING BOARD, SO WE CAN'T FIX THAT.
BUT WE HAVE OTHER CASES WE HAVE TO DO TONIGHT AND WE'RE NOT, AS I SAID, WE'RE NOT GONNA FINISH THIS TONIGHT.
BUT I DUNNO, I SEND THAT EMAIL.
[01:20:01]
COME BACK THE NEXT TIME.AND THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 2324 11TH THOMAS STREET.
AND GUESS WHAT WE'RE DEALING WITH ON THIS POOL? OLD SCHOOL.
IS THAT, WELL, I DON'T KNOW IF WE CAN REALLY SEE IT FROM HERE, BUT
YEAH, I, I'LL PROJECT THE PLANS.
UH, L TWO, HE MADE IT SOUND AS THOUGH HE DIDN'T HAVE THE PLANS.
MY NAME IS JAMES SONIC WITH SONIC DESIGN GROUP.
UH, SPELLED SS AS IN SAM, A N AS IN NANCY, O K I'M HERE, UH, REPRESENTING JOE GUERRERO OF 11 THOMAS STREET.
UH, THE GUERRERO'S WISH TO PUT IN A SWIMMING POOL IN THEIR REAR, IN THEIR REAR YARD, BUT UNFORTUNATELY DUE TO THE SITE DISAPPEARED DUE TO THE SHAPE OF THE PROPERTY.
IT'S VERY RESTRICTED TO PUT A SWIMMING POOL IN THE BACKYARD.
SO WE'RE REQUIRED TO, UM, APPLY FOR TWO VARIANCES, UH, BOTH AREA VARIANCES.
ONE TO PLACE THE POOL PARTIALLY IN THE SIDE YARD, BUT MOSTLY IN THE REAR YARD.
AND RESPECTING THE, UH, POOL SETBACKS ON BOTH SIDES.
15 FOOT FROM THE SIDE YARD, UM, SETBACK AND ABOUT 25 FEET FROM THE REAR YARD.
CURRENTLY THE PROPERTY IS SURROUNDED BY EVERGREEN TREES THAT ARE MATURE AND COMPLETELY SCREENS THE SWIMMING POOL IN.
THE SECOND VARIANCE THAT WE'RE LOOKING FOR IS FOR A COVERAGE, UM, BECAUSE THERE'S A SMALL TWO FOOT GRADE CHANGE RIGHT IN HERE, WE'RE REQUIRED TO PUT A LITTLE SEAT WALL, AND WE WANTED TO ALLOW ENOUGH ROOM FOR SOME LOUNGE CHAIRS ON THAT, THAT SIDE.
AND AS SIMPLE AS THAT, THAT'S WHAT WE WERE LOOKING FOR.
SO YOU, ARE YOU SAYING YOU CAN'T TURN IT THE OTHER WAY BECAUSE OF THE DRIVEWAY, OR BECAUSE OF THE HOUSE? OR IS IT THE SETBACK? WELL, WE COULD TWIST AND TURN IT, BUT CURRENTLY WE HAVE OUR INFILTRATION SYSTEM IN THE FRONT LAWN HERE, WHICH WILL BE INFILTRATORS BURIED UNDER THE GROUND.
AND THIS SEEMED TO BE THE BEST CONFIGURATION IN A RELATIONSHIP TO THE THIN BACKYARD THAT THEY HAVE.
ANYONE HERE HAVE ANY COMMENTS ON THIS? DO YOU HAVE ANY COMMENTS FROM THE NEIGHBORS? NO, WE DO NOT.
CAN I JUST ASK WHAT THE YELLOW MEANT ON THIS ONE? THERE'S A LOT OF STUFF IN YELLOW, PROBABLY.
OH, THAT'S OUR AREA OF DISTURBANCE.
THERE'S ONE RESIDENT, OR THERE'S ONE PERSON HERE WHO WISHES TO SPEAK.
HELLO? YEAH, HOW'S IT GOING? I'M, UH, JEREMY GROSS, J E R M Y G R O SS SS I'M THE NEIGHBOR AT 15 THOMAS.
UM, I DIDN'T HAVE THE SURVEY ON THE SCREEN THERE, BUT I'M THE HOUSE THAT'S THE FLAG LOT THAT SURROUNDS IT.
SO MY DRIVEWAY WRAPS AROUND THE 11 THOMAS.
THE POOL IS GONNA BE ABOUT 35, 40 FEET RIGHT IN FRONT OF MY HOUSE.
UM, I'M NOT OBJECTING TO THE POOL.
UM, I JUST HAD SOME CONCERNS THAT I WANTED TO RAISE.
WE JUST BOUGHT THE HOUSE PROBABLY ABOUT A YEAR AND A HALF AGO.
UM, IT'S MY UNDERSTANDING THAT BEFORE WE MOVED IN, THERE WAS SOME ISSUES WITH THE HOUSE, WITH THE BASEMENT GETTING FLOODED DURING A STORM.
THE HURRICANE IDA THAT HAD COME THROUGH AND BROUGHT SOME RAINS UP HERE THAT I KNOW A LOT OF WESTCHESTER SUFFERED.
SO, UM, THERE'S A COUPLE OF ELEMENTS.
ONE IS JUST TO ENSURE THAT WHEN ALL IS SAID AND DONE, THERE'S ENOUGH, UM, YOU KNOW, GRADE, UH, STORM RUNOFF, WHATEVER IT BE, SUCH THAT THE WATER, YOU KNOW, THIS POOL AND THIS, THE 11 THOMAS PROPERTY IS REALLY IN BETWEEN ME AND THE SLOPE.
SO JUST TO ENSURE THAT WHEN EVERYTHING IS ALL SAID AND DONE, THERE'S ENOUGH PITCH, ENOUGH GRADE THAT THE WATER DOESN'T ACCUMULATE BETWEEN OUR HOUSES.
UM, AND THUS PUSH BETWEEN ME AND THE HIGHER SLOPING WALL.
UM, THE OTHER ELEMENT, YOU KNOW, I HAVE TWO SMALL KIDS.
MY NEIGHBOR I KNOW HAS, HAS THREE.
UM, MY KIDS LOVE THE TOWN POOL.
THERE'S NO QUESTION THAT THEY'LL RUN TO THE POOL.
UM, WE DO HAVE MATURE TREES IN BETWEEN THERE.
UH, THE ONLY ISSUE THAT WE HAVE WITH RESPECT TO PRIVACY, BOTH VISUALLY AND WITH SOUND, IS THOSE TREES, UH, I GUESS THE FENCE WAS PUT IN AFTER.
[01:25:01]
THE FOLIAGE THAT FACES MY HOUSE IS SORT OF BARREN UP TO THE SIX FEET HIGH OF THE TREE.SO WE CAN REALLY SEE ALL THE WAY THROUGH THE PROPERTY.
WE CAN SEE ALL THE WAY THROUGH ACROSS THE THOMAS TREE.
SO IF THERE'S ANYTHING THAT CAN BE DONE WITH THE VISUAL, SO THAT ONE, MY KIDS DON'T BE TEMPTED TO RUN, YOU KNOW, UP AND AROUND THE HOUSE AND INTO THE POOL, WHICH I'M SURE THEY'RE GONNA WANNA DO.
UM, AND THEN THE SECOND IS WITH RESPECT TO SOUND, UM, AND LIGHT AT NIGHT, YOU'RE GONNA HAVE A POOL.
I'M SURE YOU'RE GONNA HAVE FUN, YOU KNOW, MAYBE WE'LL BE INVITED SOMEDAY.
NOT OBJECTING TO IT, BUT, UH, WE JUST WANNA MAKE SURE THAT WE CAN SLEEP.
OUR BEDROOM IS RIGHT OUTSIDE OF THERE.
UM, SO WE JUST, YOU KNOW, LET 'EM HAVE ALL THE BENEFITS OF A POOL.
WE JUST WANNA MAKE SURE THAT ANY UNDUE SOUND AND ALL THOSE THINGS IS JUST MANAGED ACCORDINGLY.
SO LOOKING AT, SORRY, YOU'RE ON THE REAR OF THE, OF THEIR PROPERTY.
SO THE, THE HOUSES ARE STAGGERED SIDE AND ARE YOU DIRECTLY BEHIND THEIR HOUSE OR ARE YOU TILTED TO ONE SIDE OR THE OTHER? SO I'M, I'M THE RED HOUSE IN THAT PICTURE.
THERE'S ONE PICTURE OF IT FROM SORT OF CLOSER TO THE STREET AS OPPOSED TO WHERE MINE IS.
SO THE HOUSES ARE STAGGERED TO THE LEFT ALL AND TO THE RIGHT.
SO YOU REALLY WOULD BE RIGHT BEHIND THE POOL.
IT'S PROBABLY CLOSER TO MY HOUSE THAN HIS, BUT ALL IT'S JUST DRIVEWAY.
IT'S RIGHT ON THE PROPERTY LINE.
UM, I MEAN, LOOKING AT THIS PLAN THAT WE HAVE IN FRONT OF US, IT APPEARS THAT THERE ARE A LOT OF TREES GOING UP.
I GUESS WE'D HAVE TO ASK THE, UM, I'M TRYING TO LOOK, HAS ANYBODY SEEN WHAT THE TREES ARE AND HOW TALL THEY ARE? ANYTHING? MOST OF THOSE ARE EXISTING EVERGREEN TREES.
ALMOST ALL OF THOSE EVERGREEN TREES ARE EXISTING.
THERE ARE PROVIDING, SO THERE ARE EVERGREEN AND THE PROPOSED PLANTING ON THE PLANTING PLANT SHOWS A SERIES OF DOGWOODS AND OTHER KIND OF SHRUB PLANTING.
BUT WE WOULD BE HAPPY TO ADD MORE PLANTING TO COVER UP A HUNDRED PERCENT AND EITHER VIEWS BACK INTO THE PROPERTY AND LOOKING AT THE POOL.
AND THEY WOULD HAVE TO BE LOWER STORY TREES BECAUSE THEY'RE, THE, THE CANOPIES ARE SO HIGH AND HE'S SEEING UNDERNEATH THE TREE.
SO IT'D BE EASIER FOR US TO PUT, UM, EVERGREEN SHRUBBERY.
AND AS FOR THE DRAINAGE, UM, IT IS ALL DOWNHILL AND HAS ALREADY BEEN REVIEWED BY ENGINEERING AND APPROVED.
UM, SO WE CONFORM WITH THE, THE DRAINAGE REGULATIONS AND NOTHING IS DIRECTED TOWARDS ANY OF THE NEIGHBORING PROPERTIES.
YOU SAID SOMETHING ABOUT A TWO FOOT VARIANT, CORRECT? YEAH, THE GRADE ACTUALLY PITCHES UP A LITTLE BIT TOWARDS THE HOUSE BEHIND, UM, HIS HOUSE.
SO THE WATER'S NOT FLOWING UPHILL? YEAH, IT'S NOT FAR, AT LEAST FAR.
AND WHAT WE'RE DOING IS CREATING A SMALL SEAT WALL JUST TO COMPENSATE FOR THAT GRADE AND PRESERVE ALL THAT EXISTING VEGETATION.
UM, IF YOU COULD, I KNOW WE CAN'T SEE THESE TREES.
I MEAN, JUST BECAUSE THEY'RE EVERGREENS DOESN'T MEAN THAT THEY PROVIDE, YOU KNOW, TOTAL COVERAGE.
UM, AND IT SOUNDS AS THOUGH YOU'RE SAYING THEY WANT TO KEEP THOSE TREES, BUT THEY WANNA PUT SOMETHING IN BELOW THEM, WHICH MAY NOT BE, UM, WHAT KIND OF TREES EXIST THERE NOW? RIGHT NOW THERE ARE PROVIDING TREES ALL ALONG THAT ENTIRE BACK ROW.
UM, IF YOU TAKE A LOOK AT THE SCREEN ALONG THAT BACK PROPERTY LINE, THOSE KIND OF POINTY, UM, TREES ARE ALL, ARE VIDS AND IT'S A FAIR, IT'S A FAIRLY SOLID MASS.
AND I I DO UNDERSTAND THERE ARE SOME OF THE BOTTOM BRANCHES THAT YOU CAN SEE UNDER.
WE'LL JUST FILL THOSE IN WITH MORE EVERGREEN SHRUBS TO THE SATISFACTION OF THE NEIGHBOR.
SO THAT WOULD BE A CONDITION IN HERE.
SO IT ABSOLUTELY WOULD BE UP TO YOU GUYS TO FIGURE IT OUT.
UM, SINCE HE HAS NO OTHER AND WHERE'S THE HOUSE ON THE OTHER SIDE? YES.
REALLY? YEAH, IT'S LIKE ACROSS THE POOL HERE.
DIDN'T REALLY LOOK LIKE IT IMPACTED THE HOUSE.
WELL, IT'S HARD TO SAY NOISE DOES.
[01:30:04]
WOULD YOU BE, I I DO YOU HAVE THE SAME ON THE, UM, FACING THE HOUSE ON THE RIGHT SIDE? DO YOU HAVE THE SAME ISSUE TYPE OF YEAH.ISSUE WITH THAT IF WE HAVE THE SAME KIND OF ENVIRONMENT WITH EXISTING EVERGREEN TREES ALL ALONG THAT SIDE.
UM, AND, AND FORTUNATELY IT'S HIS DRIVEWAY THAT RUNS UP ALONG THAT PROPERTY LINE.
BUT THEN YOU HAVE A HOUSE THAT'S FAIRLY CLOSE TO IT ALSO.
I ONLY MENTION IT BECAUSE POOLS DO GENERATE NOISE.
AND THE PICTURES THAT I'VE INCLUDED IN THE PACKET THAT I TRIED TO TAKE SOME PICTURES OF THOSE TWO PROPERTY LINES.
SO YOU CAN SEE WHAT THE EVERGREENS LOOK LIKE.
WELL, WE HAVE A NEIGHBOR HERE WHO IS GOING TO HELP YOU GET THIS CORRECTED SO THAT IT COVERS HIS SITE AND, UH, ANY OTHER SITE THAT MIGHT CONFLICT FROM THE HOUSE THAT'S, UH, ON THE OTHER PROPERTY FROM THEIR YARD ALSO.
IS THERE ANY, JUST ONE MORE QUESTION.
UM, I DO WORK FROM HOME AND I DON'T KNOW WHAT'S INVOLVED WITH CONSTRUCTION OR WHEN THE HOURS ARE.
UM, BUT JUST THAT, THAT'S UP TO THE TOWN.
UH, JOSEPH GUILLO, THE HOMEOWNER.
MY NEIGHBOR, I, I KNOW HIM PRETTY WELL NOW.
SO OUR KIDS GO TO SCHOOL TOGETHER.
UM, I HAVE A CONSTRUCTION BUSINESS.
I'M OUT 4 30, 5 O'CLOCK IN THE MORNING, SO WE'RE NOT OUT, YOU KNOW, TILL NINE, 10 O'CLOCK AT NIGHT NIGHT.
UH, I HAVE THREE KIDS, FIVE, THREE, AND TWO.
THEY BETTER BE IN BED BY EIGHT O'CLOCK OR THAT'S A PROBLEM.
UM, AS FAR AS SAFETY, OUR HOUSE IS LIKE ON CONSTANT LOCKDOWN.
UH, ME AND MY WIFE HAVE THE KEYS.
WE KEEP THE GATE LOCKED ALL THE TIME SO NOBODY CAN GET BACK THERE.
WE'RE VERY, VERY ADAMANT ON THAT.
UM, I HAD SOME SITUATIONS IN THE PAST AND IN MY PREVIOUS HOME WHERE WE WERE ROBBED.
SO WE TAKE SECURITY VERY SERIOUS WHEN IT COMES TO KEEPING THE HOUSE LOCKED AND ESPECIALLY WITH THE CHILDREN AND STUFF.
UM, SO I, UH, NOT, NOT THAT WE'RE REQUIRING IT, BUT GIVEN HOW BOYS ARE, UH, WOULD YOU CONSIDER HAVING, UH, AN ALARM ON THE POOL? UH, YEAH.
I ACTUALLY SPOKE TO, UM, THE POOL CONTRACTOR ABOUT THAT.
THEY SAID THEY COULD PUT THAT IN.
IT'S DEFINITELY NOT A PROBLEM.
THERE'S ALSO AN AUTOMATIC COVER IN THE POOL, WHICH TYPICALLY STAYS CLOSED WHEN NOT USE.
BUT YEAH, UM, WE CAN PUT A, A POOL OF ALARM ON THAT.
UM, IT'S A QUOTATION DEVICE THAT IF ANYTHING FALLS IN, IT'LL TRIGGER IT.
AND, UM, IT'S ABSOLUTELY INVITED OVER ANYTIME,
KNOW THAT THAT'S, UH, THAT'S ABOUT IT.
SO YOU GUYS CAN GET TOGETHER AND SEE WHAT YOU CAN DO THERE.
THANK YOU VERY MUCH FOR YOUR CONSIDERATION.
IT SAYS THAT THERE'S ANOTHER SPEAKER.
I WAS JUST, NO, NOT REGARDING THIS.
I'M SORRY, MS. DID I MISS THE OPPORTUNITY TO SPEAK ABOUT BAIL? I LOOP HERE AS QUICKLY AS I COULD.
UH, WE HAVEN'T, UM, ADDRESSED THEM YET.
THEY'RE, UH, THEY'RE RUMINATING OUTSIDE.
IF YOU WANNA GO OUT THERE, YOU CAN JOIN THEM.
NO, I, I WOULD RATHER JUST REPEAT.
SO THE, HOWEVER, BECAUSE THERE'S A STOP, STOP WORK ORDER, THE TOWN IS NOT CONSENTING TO CONTINUE TO THIS CASE.
SO THEREFORE, WE WANT TO LET THEM TRY TO SEE IF THEY CAN WORK SOMETHING OUT TONIGHT.
SO PUBLIC COMMENTS AREN'T WELCOME.
JUST TO PERHAPS ADD TO YOUR NOT TONIGHT, BECAUSE THE APPLICANT HAS ASKED FOR AN ADJOURNMENT AND HE'S ENTITLED TO IT.
IF YOU HAVE SOMETHING IN WRITING AND YOU WANNA SUBMIT IT, I'LL TAKE IT.
UM, I, I REALLY WANT TO READ IT.
IT WOULD TAKE, PROBABLY DOESN'T MATTER.
THERE WERE A LOT OF PEOPLE HERE, THOUGH.
AND IF YOU READ THE MINUTES, YOU CAN, YOU'LL SEE THERE WAS
[01:35:01]
A LOT.NEXT IS, UH, 2325 T H TERRYTOWN, L L C.
AND THAT'S, UH, A K A MARRIOTT.
DO WE HAVE A MARRIOTT IN THE ROOM? UH, GOOD EVENING.
UH, IT'S, UM, Y O N A T H A N H O L G U I N.
UM, I'M HERE FOR, UH, SIGN VARIANCE FOR A MARIO HOTEL.
UM, WE, WE WANT TO REMOVE AN EXISTING SIGN THAT IS FACING THE I 2 87 HIGHWAY TO INSTALL A NEW SIGN THAT IS WITH THE NEW LOGO FOR MARIO.
THIS THE EXISTING SIGN BEING THERE SINCE, UH, 1981.
THAT WHERE, UH, THE BUILDING WAS BUILT ON 1981.
SO, UH, WE BASICALLY, THAT'S WHAT WE HERE TONIGHT.
SO WHAT IF YOU'RE LOOKING AT THE PICTURE SO THAT THE EXISTING SIGN, WE BASICALLY WANTS TO TAKE THAT SIGN DOWN AND PUT A NEW SIGN.
UM, I KNOW THE HOTEL THEY ARE DOING, UH, A LOT OF, UH, REMODELATION ON IT, SO THE SIGN IS GONNA BE ONE OF THE GOOD THINGS THAT THE HOTEL WANTS TO HAVE UP THERE.
SO IF YOU LOOK AT THE DIFFERENT, UH, THE NEW SIGN IS GONNA BE A LITTLE MORE BIGGER WITH THE NEW LOGO.
IT'S BASICALLY GONNA SAY THE SAME, UM, MARRIOTT.
SO, SO YOU'RE REPLACING A SIGN THAT YOU HAVE ALREADY? THAT IS CORRECT.
BUT THAT'S A SECOND SIGN THAT YOU HAVE, CORRECT? YES.
AND COULD YOU, I GUESS, GIVE US A LITTLE, LITTLE MORE INFORMATION ABOUT WHY THE SIGN HAS TO BE OR SHOULD BE THAT BIG? BECAUSE EVERYONE SEEMS TO BE ABLE TO FIND THE MARRIOTT.
SO, UH, CAN YOU, CAN YOU REPEAT THE QUESTION AGAIN? YES.
I SAID THAT YOU, YOU, YOU MENTIONED THAT IT'S A BIGGER SIGN, CORRECT? YES.
THAN WHAT, THAN WHAT WAS THERE.
AND I SAID, WHAT PURPOSE, UH, DID YOU HAVE FOR MAKING IT A BIGGER SIGN? SINCE IT'S PRETTY EASY TO FIND THE MARRIOTT.
THE REASON IS BECAUSE, UM, THE HOTEL IS GONNA HAVE A BETTER VIEW.
SO THE DRIVERS THAT ARE PASSING ON THE HIGHWAY, THEY CAN SEE THE HOTEL, UH, EASIER.
MAYBE I, I, I GOT THE NUMBERS.
THE EXISTING SIGN IS TWO AND A HALF FEET HIGH BY 14 LONG.
THE NEW SIGN IS FOUR FEET HIGH BY 18 AND A HALF FEET LONG.
UM, THE QUESTION THAT I HAVE IS, UM, AND I REALIZE IT'S LONGER BECAUSE THE M WAS USED TO BE THE LOGO, AND NOW YOU'RE ADDING THE LETTER M AND THERE'S MORE SPACING BETWEEN THE LETTERS.
ONE OF MY QUESTIONS IS, UM, IS THERE A LIGHTING DIFFERENCE ON THIS? WHAT, HOW IS THE CURRENT SIGN LIT VERSUS HOW WILL THE NEW ONE BE LIT?
[01:40:01]
OKAY, SO THE CURRENT SIGN IS PHASE LEAD, AND THE NEW SIGN IS GONNA BE THE SAME.THE SIGN IS FLUSH MOUNTED TO THE WALL.
UH, IT'S BASICALLY LIKE THE RETURNS ARE LIKE, UH, ALUMINUM RETURNS.
L E D LIES INSIDE AND THE FACE ARE LIKE PLEXIGLASS, LIKE SO LETTERS THEMSELVES ARE LIT UP? YES.
AND IS THAT CURRENTLY AND PROPOSED? IS IT GOING FROM INCANDESCENT TO L E D? IS THERE, IS THERE WILL BE THERE A BRIGHTNESS DIFFERENCE? WILL THERE BE MORE LUMENS? NO, ACTUALLY IT'S NOT GONNA BE MORE BRIGHT AS, AS WE HAVE NOW BECAUSE THE FACE IS BLACK COLOR, SO IT IS NOT GONNA BE BRIGHTER OF WHAT WE HAVE NOW.
SO THE LETTERS, IF IT'S BLACK, THE LETTERS WON'T BE LIT.
IT'LL BE THE, IT'LL ALMOST LIGHT THE WALL BEHIND IT? NO, THE LETTERS.
THE LETTERS ARE FLUSH MOUNTED.
THE LIGHT GONNA BE ON THE FRONT.
IT'S BLACK COLOR BECAUSE OF THE MARRIOTT LOGO.
THAT FACE ACTUALLY IS WHITE PLEI ACRYLIC WITH A PERFORATE VINYL BLACK VINYL ON IT.
THAT'S WHAT YOU CAN SEE THE LIGHTING, WHEN IT'S AT NIGHTTIME, THAT'S GONNA BE LIGHTING UP.
AND CURRENTLY, HOW IS IT LIT? IT'S IF IT'S FLUSH MOUNTED AND IT IS, YEAH, IT'S FLUSH MOUNTED TO THE, TO THE BUILDING.
AND HOW IS IT LIT? THE HOW ARE THE LEAD RED LETTERS WR LIT? IT LIT BECAUSE THAT'S A RED TRANSLUCENT VINYL THAT LET THE LIGHTS COME PAST THROUGH ON, ON THE FACE.
IS THE, THE SIZE OF THE SIGN, THE DIMENSIONS IS THAT, UM, IN CONFORMANCE WITH OUR CODE? IN OTHER WORDS, THE SIZE OF THE SIGN IS NOT AN ISSUE, IT'S JUST THE NUMBER OF SIGNS.
SO IF WE ALLOW TWO SIGNS, THIS SIGN SIZE WOULD BE PERMITTED? YES, IT WILL BE PERMITTED.
WE ALREADY GOT APPROVAL FOR ONE OF THE SIGN THAT ACTUALLY IS THE E O TWO, UH, IS THE SAME SIZE.
THE REASON WE GOT DENIED FOR THIS SIGN IS BECAUSE THE SIGN IS FACING THE I 2 87 HIGHWAY INSTEAD OF A TOWN ROAD OR A STREET.
ANYONE OUT THERE HAVE ANYTHING? OKAY.
TERRY, T E R Y, LAST NAME MCENANY, M C A N E N E Y.
AND I'M CURRENTLY THE GENERAL MANAGER OF THE WESTCHESTER MARRIOTT.
WE ARE GOING UNDER A MASSIVE RENOVATION OF THE PROPERTY FROM, FROM FRONT OF THE HOTEL ALL THE WAY TO ALL THE ROOMS AND EVERYTHING THAT WE'RE DOING.
THIS IS JUST ONE OF OUR IMPROVEMENT PLANS.
AND REALLY WHAT THIS SIGN IS, IS TAKING THE EXISTING SIGN THAT MARRIOTT BACK IN 1981, THAT WAS THE LOGO THAT MARRIOTT DID IN THE BRAND STANDARD THAT THEY HAD.
WE'RE TAKING THAT SIGN OFF AND WE'RE ADDING BACK AS YOU MIGHT BE A BONVOY MEMBER, AND NOTICE THAT THE MARRIOTT CHANGES THEIR LOGOS.
THIS IS THE EXACT SIGN THAT'S GOING BACK UP.
AND THE ONE IN THE FRONT WAS, UH, UH, APPROVED.
WE'RE JUST TAKING THE OLD ONE FROM 1981, TAKING THAT OFF AND PUTTING THE NEW LOGO THAT MR. MARRIOTT AND THE FAMILY ARE NOW GOING BY.
SO IT'S REALLY JUST A, MAKING IT MORE OF A MODERN LOOK.
AND THAT'S REALLY WHAT WE'RE DOING.
WE'RE NOT ADDING A SIGN, SO, OKAY.
THAT'S, I UNDERSTAND WHY THE LENGTH OF IT IS LONGER MM-HMM.
'CAUSE THE M IS NOW BEING ADDED, ADDED TO THE, TO THE LETTERS.
WHAT IS THE NEED TO MAKE EACH LETTER THE HEIGHT GO FROM TWO AND A HALF TO FOUR INCHES? UH, I CAN MARK, I THINK MARK BOWMAN IS OUR, UH, PROJECT MANAGER CAN ANSWER A LITTLE BIT ON THAT.
I THINK IT'S MORE OF THE MARRIOTT BACK IN
[01:45:01]
1981 THAT WAS THE LOGO, AND NOW IT'S A LITTLE BIT WIDER AND BIGGER FOR PROBABLY BRAND STANDARDS.SO I CAN AN ATTEST TO THAT, BUT I DON'T KNOW THE EXACT REASON.
AND IT'S, AND THIS, IF YOU KNOW, OUR HOTEL, THIS IS GONNA BE ON THE 11TH STORY, LOOKING OVER 21, WHICH IS THERE NOW.
UM, SO I PROBABLY CAN TURN TO MARK A. LITTLE BIT ON THAT QUESTION OF PROBABLY JUST BECAUSE OF THE SIZE OF THE BUILDING ITSELF.
HI, I'M, UH, MARK BOMAN, M A R K B O H L M A N.
I'M THE PROJECT MANAGER FOR H E I HOTELS, WHO OPERATES THE PROPERTY WITH TERRY.
UM, RUNNING THE CONSTRUCTION, UH, THE SIGN DIMENSIONS ARE A FUNCTION OF A BRAND STANDARD AND, UM, WE'RE COMPLYING TO THAT.
AND THE REQUIREMENT IS THAT WE FIT WITHIN, UH, WHAT THE TOWN REQUIRES IS A MAXIMUM SIZE SIGN.
SO IT, THE AREA FITS THE BYLAW FOR SIGN SIZE, BUT IT'S STRETCHED A LITTLE BIT JUST BECAUSE OF THE PROPORTIONS OF THE NEW MODERN LOGO.
THE LETTER'S A LITTLE BIT FURTHER APART.
THAT'S THE NEW MODERN LO BY MARRIOTT BE BIGGER.
SO YOU DOES ANYBODY YOU A PICTURE? I'M SORRY? DO YOU HAVE A PICTURE OF HOW THE SIGN IS GONNA LOOK WHEN IT'S LIT UP AT NIGHT? UH, YEAH, WE DO HAVE, WE DO HAVE ON THE, THE SET OF DRAWINGS THAT I SUBMITTED MM-HMM.
ON THE RIGHT SIDE, YOU SEE THE WHITE LETTERS AND THE RED LOGO.
THAT IS HOW IT'S GONNA LOOKS AT NIGHTTIME.
THAT IS AN SPECIAL PER FOR A BLACK VINYL THAT LET THE LIGHT PASS THROUGH AT NIGHT.
AND AT THE DAYTIME IT'S GONNA LOOKS AT BLACK LETTERS.
AND YOU CAN SEE ON THE DESCRIPTION, ON THE BLUE BOX IT SAY FACE LEAD, L E D UH, REMOTE FLUSH CHANNEL LETTER.
YOU WILL SEE THE SIDE VIEW OF THE LETTER THAT IS FLUSH MOUNTED TO THE WALL.
ALL THE ELECTRICAL COMPONENTS GONNA BE REMOTE, SO ALL OUTSIDE GONNA BE LOW VOLTAGE.
UH, IT'S GONNA PASS THROUGH THE WALLS WITH, UH, CONDUITS AND IT'S GONNA BE ALL CONNECTED TO, UH, UH, POWER SUPPLY BOXES WITH THIS KIND SWITCH FOR SERVICE SWITCH OR FOR FUTURE, UH, SERVICES, REPLACEMENTS OF THE ELECTRICAL COMPONENTS.
YOU KNOW IT, MARK BOWMAN, AGAIN, IT'S, IT'S KIND OF COUNTERINTUITIVE DURING THE DAY, THE SIGN LOOKS BLACK, BUT IN FACT THOSE BLACK LETTERS ARE PERFORATED AT NIGHT.
THE WHITE SHINES RIGHT THROUGH.
I KNOW IT'S HARD TO GET YOUR HEAD AROUND, BUT THAT'S, THAT'S HOW THESE THINGS WORK.
IT'S, IT'S, IT'S NOT A HALO TYPE SIGN.
IT'S, IT'S A, IT'S A DIRECT LIT LETTER, WHICH JUST CALLED A CHANNEL LETTER SIGN.
SO THE PREVIOUS SIGN HAS BEEN THERE SINCE 1981, I THINK YOU SAID.
UM, HAVE YOU CHANGED IT SINCE THEN? AND, UM, WAS A VARIANCE REQUIRED IN 1981 FOR A SECOND SIGN? DOES ANYONE KNOW? I BELIEVE THEY HAD ONE, BUT ONCE THEY TAKE IT DOWN, YEAH, YEAH, I KNOW, BUT JUST, JUST THINKING OF WRITING IT.
YEAH, IF WE SHOULD, I KNOW THE BRAND STANDARD HAS CHANGED MULTIPLE TIMES, BUT THE SIGN, I BELIEVE, YEAH, NO, I'M THINKING OF TOWN.
LIKE WE'RE, WAS THIS DEFER TO THE BUILDING DEPARTMENT? I'M NOT AWARE IF, UM, IT WAS JUST A GRANDFATHERED.
UM, WELL, AND IF THEY GOT, IF THEY HAD A, THEY SO THEY DON'T HAVE A VARIANCE.
NO, BECAUSE OTHERWISE, UH, THEY, OKAY.
WHEN, UH, FRANK MORABITO, UM, LOOKED AT IT, HE COULDN'T FIND A VARIANCE
[01:50:01]
IN THE RECORD.FRANK OL SAID, SO, AND YOU, YOU, YOU ALWAYS HAD TWO SIGNS OBJECT RESPONSE, WHICH IS LIKE A MARRIOTT BRAND STANDARD IN, IN THE MARRIOTT STANDARDS.
THEY WANT A SIGN THAT FACES IN MOST CITIES THE MOST HIGHLY TRAVELED PATH, WHICH IS LIKE A FREEWAY OR MAJOR HIGHWAY.
UM, THAT'S THEIR PRIMARY, UM, ICONIC SIGN.
ANY OTHER QUESTIONS? YES, MR. BOWDEN? YES.
THIS IS THE FOURTH SIGN HEARING THAT I'VE BEEN TO THE TESLA.
THE ONE, UH, THAT YOU SEE FROM THE THROUGHWAY, YOUR, YOUR RESPONSIBILITIES ARE NOT THE RESPONSIBILITIES THAT YOU HAD A YEAR AGO.
YOU NOW HAVE TO DEAL WITH A WORLD THAT HAS CHANGED RADICALLY.
THREE AUTOMOBILE AGENCIES ARE ON STRIKE INDICATING HOW MUCH THE WORLD HAS CHANGED AND THE JOB THAT YOU SIGNED UP FOR TO BE HERE HAS GOTTEN INCREDIBLY MORE DIFFICULT.
I DON'T KNOW IF YOU REALLY WANT TO DEAL WITH THE CHAOS THAT'S GOING ON IN THE WORLD TODAY.
I AM AWARE OF A SIZE AND SHAPE AND FORM.
I ADVOCATE FOR READABILITY IN TRAFFIC SIGNS BECAUSE PEOPLE ARE DISTRACTED WHEN THE LIGHT TURNS GREEN.
THEY DON'T GO FORWARD BECAUSE, AND WHEN THEY LOOK UP, THE INFORMATION HAS TO BE CLEAR.
THE SIGNS THAT THEY HAVE PROPOSED, THE SHAPE OF THEM ARE EASILY READABLE.
THEY'VE UPDATED THEIR LOGO TO MEET TODAY'S READABILITY STANDARDS.
THEY HAVE NOT GONE OVERBOARD TO DESIGN SOMETHING THAT'S OUTLANDISH.
SO I WOULD SUPPORT THIS SIGN WHERE I DID OPPOSE THE BIG ONE THAT'S ON A HILL THAT YOU CAN SEE FOR MILES ABOUT SOME MEDICAL FACILITY THAT WAS PURELY ADVERTISING.
THIS IS TO LET YOU KNOW THAT A QUALITY HOTEL IS AT THAT LOCATION.
THEY'VE UPGRADED THEIR SIGNAGE FOR READABILITY.
AND I SUPPORT THIS PARTICULAR ONE WHERE I OPPOSED THE ONE THAT'S ON A HILL THAT YOU CAN SEE FROM THE OTHER SIDE OF THE RIVER.
YOUR JOB HAS BECOME INCREDIBLY DIFFICULT.
AND I RECOGNIZE THAT YOU'RE ENFORCING LAWS THAT WERE WRITTEN FOR AN AGE THAT DOES NOT LONGER, THAT NO LONGER EXISTS.
I WATCHED THE M T A BOARD MEETING AND COMMITTEE MEETINGS THE OTHER DAY, AND THEY ARE CREATIVELY LOOKING FOR WAYS TO SERVE THE PUBLIC IN WAYS THAT HAVE NOT BEEN SERVED BEFORE.
THEY WANT TO CREATE VALUE WITHOUT OVERDOING IT.
YOUR CHALLENGE TODAY IS TO CREATE A REASONABLE ENVIRONMENT FOR US TO LIVE IN.
THIS IS NOT THE ENVIRONMENT OF 10 YEARS AGO OR 50 YEARS AGO WHEN THEY WERE TALKING ABOUT THE WOOD BEFORE.
I WANTED TO ADD THAT MY FAMILY WAS IN THE LAUNDRY CLEANING BUSINESS FOR A HUNDRED YEARS, FOUR GENERATIONS.
MY SON, WHO IS 60, IS THE LAST, HE'S GOING OUT.
THE NEXT GENERATION IS INTO TWO DIFFERENT THINGS.
SO WHEN THEY SAY OUR BUSINESS HAS LOST THE BODEN FAMILY AFTER ALMOST A HUNDRED YEARS IS OUT OF THEIR BUSINESS, JUST TO INDICATE HOW IT'S CHANGED TRADITION, WHAT WAS TRADITION FOR OUR YEARS AND YEARS ISN'T VALID ANYMORE.
WE HAVE TO LOOK AT EACH ONE INDIVIDUALLY AND SAY, IS THIS LOGICAL AND IS THIS IN THE BEST INTEREST OF THE PUBLIC? AND I WISH YOU WELL, YOU'VE GOT A VERY HARD JOB TO
[01:55:01]
DO AND I DON'T ENVY YOU, BUT I WILL SUPPORT YOU WHEN I CAN.AND I THANK YOU FOR YOUR TIME AND FOR LISTENING TO ME.
CAN I ASK ONE MORE QUESTION? PARDON ME? CAN I ASK ONE MORE QUESTION? SURE.
UH, THIS IS FOR THE HOTEL SIDE.
HAS L E D LIGHTS CAN BE AS BRIGHT AS YOU WANT THEM TO BE? THERE IS A GREAT DEBATE ON PRESERVING THE NIGHT SKY.
UM, IS THERE, AND SO MY QUESTION IS, WHAT IS THE PHILOSOPHY OF THE SETTINGS OF THE BRIGHTNESS OF THE L E D LIGHT, WHICH WILL DEFINITELY, CAN DEFINITELY BE MANY TIMES BRIGHTER THAN WHAT'S THERE RIGHT NOW.
AND WHAT WILL IT BE SET FOR? LEMME JUST TAKE THE FIRST PART.
UM, WELL LET ME ASK YOU BEFORE YOU DO THAT, THE LIGHT THAT YOU HAVE ON THE FRONT, IS IT OPERATING NOW? YES.
IT'S, SO WE COULD ACTUALLY SEE IT.
YEAH, I AM, UH, I'M AN ASTRONOMER, PART-TIME ASTRONOMER, AND I WAS CHAIR OF MY LIGHT POLLUTION ABATEMENT COMMITTEE.
GENERALLY THE RULE OF LIGHT POLLUTION, IF IT GOES UPWARDS, IT AFFECTS LOOKING AT THE STARS.
MARRIOTT'S BEEN VERY, UM, UNDERSTANDING ABOUT THAT ALL NEW PARKING LOT LIGHTS HAVE TO SHINE, THE LUMINARIES HAVE TO SHINE DOWNWARDS.
AND, UH, THEY DO NOT WANT OVERDO ANY OF THEIR BUILDING, UH, LETTER SET SIGNS OR MONUMENTS.
UM, IT'S ONE OF THEIR BRAND STANDARDS.
AND ABOUT THE L E D BRIGHTNESS, WHAT WE USE FOR THAT TYPE OF BRIGHTNESS, WE USE A DIMMER THAT WE CAN ADD IT TO THE POWER SUPPLIES ON ELECTRICAL COMPONENTS.
WE USUALLY USE A 3,500 K, UM, L E D BRIGHTNESS THAT IF WE ADDED, UH, THE DIMMER, WE CAN EVEN GO TO 5,000 K BRIGHTNESS OR WE CAN GO LOWER THAN 3,500 TO 2000 BRIGHTNESS OF L E D.
SO WE CAN ALWAYS ADJUST IT WITH THE DIMMER AS BRIGHT AS YOU CAN APPROVE US TO GO.
SO YOU WOULD MAKE THE, PUTTING A DIMMER ON IT A CONDITION SO THAT IF THERE WERE ANY COMPLAINTS THAT IS CORRECT.
CAN PUT US LOWER AS BRIGHTNESS AS YOU GUYS APPROVE US TO DO IT.
ANY OTHER QUESTIONS? ANYWHERE, ANYBODY ELSE OUT THERE, GARRETT, AT THIS POINT? NO.
AND THE LAST CASE WE HAVE OTHER THAN BAILEY IS MARSHA KEATS.
GOOD EVENING, MADAM CHAIR AND THE BOARD.
UH, THANK YOU VERY MUCH FOR THE WORK YOU DO.
AND THANK YOU FOR THE OPPORTUNITY TO PRESENT, UH, OUR REQUEST BEFORE THE TOWN BOARD TOWN, UH, ZONING BOARD.
UH, I HAVE OBVIOUSLY SAT HERE THIS EVENING AND HEARD YOUR THOUGHTFUL CONSIDERATION, AND I'M SURE THAT THAT WILL APPLY TO MY CASE AS WELL.
I AM MARCIA KEYS, IT'S M A R C I A, LAST NAME IS K E I Z SS.
AND THE PROPERTY IN QUESTION IN WHICH WE REQUEST SOME VARIANCES IS A PROPERTY I INHERITED AT 15 BEACHWOOD ROAD IN HARTSDALE FROM MY SISTER WHEN SHE DIED LAST YEAR, JULY 7TH, 2022.
AFTER A VERY BRIEF ILLNESS, SHE HAD LIVED IN THAT HOME FOR SOME 20 OR SO YEARS.
I'D LIKE TO INTRODUCE JONATHAN HODES AND AUDREY PACINO OF HODUS ASSOCIATES WHO WILL PRESENT THE VARIANCES AND WILL ALSO TAKE QUESTIONS, ANSWER YOUR QUESTIONS.
HI, MY NAME IS JONATHAN HODA, H O D O S H.
I'M GEORGE HODA ASSOCIATES ARCHITECTS IN NEW CITY.
UM, BASICALLY THIS IS KIND OF AN INTERESTING APPLICATION IN THAT WE'RE LOOKING TO LEGALIZE
[02:00:01]
STRUCTURES THAT WERE BUILT CIRCA 2005 WHEN, UH, MY CLIENT INHERITED THE PROPERTY, UH, SHE DECIDED TO PUT IT ON THE MARKET AT THAT TIME.SHE WAS TOLD THAT THERE WERE, UH, ADDITION, THERE WAS AN ADDITION BUILT WITHOUT PERMITS.
SO THAT'S WHAT WE STARTED TRYING TO LEGALIZE.
SO THERE, THAT ADDITION WAS A DECK IN THE BACK OF THE HOUSE OFF THE, UH, UPPER LEVEL OF THE HOT RAISED RANCH.
AND IT WAS ENCLOSED WITH A, UH, THREE SEASON ROOM BELOW.
UM, SUBSEQUENTLY DURING THE COURSE OF GETTING OUR APPROVALS, OUR STEEP SLOPE AND STORM WATER, WE DISCOVERED ALSO THAT THERE WAS SOME PATIOS ON THE PROPERTY THAT HAD TO BE ADDRESSED BECAUSE OF THE SETBACK TO THE PROPERTY LINES.
THOSE PATIOS ARE FLAGSTONE, THEY'RE FLAT ON GRADE, SO THEY'RE VIRTUALLY INVISIBLE UNLESS YOU'RE WALKING ON THEM.
AND, UM, THERE'S JUST A SLIGHT RETAINING WALL THAT'S ABOUT KNEE HEIGHT IN THE FRONT, JUST DROPPING THE GRADE DOWN TO THE PATIO SO THEY HAVE A LITTLE BIT OF FLAT PATIO SPACE.
SO THERE'S BEEN NO CHANGE TO THE PROPERTY SINCE AROUND 2005.
WE'RE JUST LOOKING TO LEGALIZE WHAT'S THERE.
THE ONLY WORK WE'RE PROPOSING IS TO REPLACE THE STAIRWAY BECAUSE THE STAIRWAY DOESN'T MEET CURRENT CODE, UH, FOR, UH, AN EXTERIOR DECK.
SO, UH, WANT TO PUT A NEW SAFER STAIRWAY IN WITH CLOSED RISERS AND THE PROPER RISE AND RUN.
UM, THE, UH, THE PROPERTY IS HEAVILY WOODED.
IF YOU LOOK AT THE AREA VIEW THAT WE'VE PROVIDED, YOU'LL SEE THERE'S MOSTLY TREES.
THE HOUSE IS ON THE LEFT AND RIGHT OF THIS HOUSE.
YOU CANNOT REALLY SEE INTO THE BACKYARD FROM THE STREET.
YOU CANNOT SEE THESE ADDITIONS, AND YOU ALSO CANNOT NOT REALLY EVEN SEE THE PATIOS FROM THE STREET.
WHAT, WHAT HAPPENED? IT'S JUST SWITCHING MODE.
YOU SEE THE, THE VIEW ON THE TOP SHOWS THE, UM, HOUSE IN THE CENTER AND THE LARGE AMOUNT OF TREES SURROUNDING IT REALLY MASKING THE BACKYARD.
INTERESTINGLY, THE DECK, UH, WOULD NOT REQUIRE A VARIANCE.
IT'S THE FACT THAT THEY CLOSED IN UNDERNEATH IT, THAT AS TO THE FLOOR AREA RATIO.
SO VISUALLY, WHEN YOU LOOK AT THE HOUSE, IF YOU'RE SEEING THE DECK AND THE RAILING, YOU WOULD'VE SEEN THAT WITH WITHOUT ANY VARIANCE.
IT WOULD'VE JUST BEEN A SIMPLE BUILDING PERMIT.
IT'S JUST THE FACT THAT IT WAS CLOSED IN UNDERNEATH.
THAT CREATES A VARIANCE SITUATION THAT, AND AS YOU CAN SEE, THE PATIOS ARE FLAGSTONE.
UM, THEY'RE SET IN THE, AND THEY'RE, YOU'LL SEE THAT ON THE SIDE VIEWS.
I'M SORRY, THE PATIOS ARE JUST, UM, FLAGSTONE SET IN STONE DUST.
THE, THE, IF YOU SCROLL DOWN ONE MORE PLEASE.
YOU CAN SEE THE LITTLE RETAINING WALL.
UH, AND ONCE AGAIN, THAT WAS JUST TO PROVIDE A LITTLE, UH, SEATING AREA THAT ON GRADE, AND IT WAS REALLY INVISIBLE FROM THE STREET.
THE HIGHER SIDE IS TOWARD THE STREET.
SO WHEN YOU LOOK AT IT, YOU DON'T EVEN SEE THE WALL.
IF YOU LOOK AT THE, UM, THE LITTLE BENCH THAT'S THERE, YOU'LL SEE THAT IT'S ONLY ABOUT SEAT HEIGHT, WHICH IS ABOUT 18 INCHES.
SO THERE'S REALLY NO CHANGE PRODUCED IN THE NEIGHBORHOOD BECAUSE IT'S BEEN THAT WAY FOR ALMOST 20 YEARS, AND VIRTUALLY INVISIBLE TO THE NEIGHBORS.
THERE'S NO INCREASE IN SERVICES.
IT'S JUST A, UH, THREE SEASON ROOM.
IT DOESN'T INCREASE THE OCCUPANCY OF THE, UH, OF THE HOUSE.
UH, IT DOESN'T CHANGE ANY PHYSICAL OR ENVIRONMENTAL CONDITIONS.
AND IT'S NOT SELF-CREATED AS MY CLIENT INHERITED THE HOUSE AS IS.
SO REALLY, IT'S, IT'S A PRETTY STRAIGHTFORWARD, I THINK, ISSUE AND THAT WE'RE JUST TRYING TO LEGALIZE WHAT'S ALWAYS BEEN THERE.
WE TRIED TO PROVIDE PHOTOGRAPHS TO ILLUSTRATE, YOU KNOW, CLEARLY THAT, THAT HOW INVISIBLE THE, UH, THE ADDITIONS ARE.
WHAT YOU SHOWED US WITH THE, UM, THE, THE PATIO THAT CURVES WITH THE CHAIR.
YOU DESCRIBED IT AS A STONE PATIO, BUT IT LOOKS LIKE CONCRETE.
WHEN YOU LOOK AT IT, IT'S FLAGSTONE.
IF YOU, THERE'S A PHOTOGRAPH THAT SHOWS IT A LITTLE CLEARER.
I HAVE SOME BLOW UPS I CAN SHOW YOU THERE.
[02:05:02]
IT'S KIND OF HARD TO, I DON'T SEE IT ON THIS NO.WHERE THE BENCH IS, IT LOOKS LIKE I DO AGREE.
IT ON THE SCREEN, BUT ON THE PRINT, I CAN SEE ITS STONE.
SO THIS, THIS IS, THIS IS THAT WALKWAY.
YEAH, BUT THIS IS ALSO, THESE, THESE ARE STONES THAT BE LOOK CLOSE.
SO IT'S JUST, THESE ARE MORE RANDOM.
AND THIS RUNS ALONG THE
THIS IS THE WALK THAT RUNS ACROSS ALL.
BUT IT'S ALL, IT'S JUST FLAGSTONE.
WHAT IS IT THAT INCREASED THE, UM, GROSS FLOOR AREA? THE, THE FACT THAT THE ROOM UNDERNEATH THE, UH, THE DECK WAS CLOSED IN AS SOON AS THEY CLOSED IT IN, THAT BECAME A ROOF.
SO OTHER THAN THAT, IT HAD BEEN IN, IN, UH, IF IT HAD BEEN JUST A DECK, IT WOULD NOT HAVE CREATED.
SIR, IF YOU COULD PLEASE GO BACK TO THE PODIUM, JUST SO THE TV PICKS IT UP BETTER.
IF IT HAD JUST BEEN AN EXTERIOR DECK, THERE WOULD'VE BEEN NO INCREASE IN FLOOR AREA RATIO.
IT WAS THE FACT THAT THEY CLOSED IT IN.
NO, I, I, NO, I MEANT WOULD IT BE IN COMPLIANCE WITH THE CODE IF IT HAD NOT BEEN FOR THAT? UH, YES.
BRIEF FOR THAT ROOM BEING, EXCEPT FOR THE FACT THAT IT WAS BUILT WITHOUT A PERMIT.
I ANYONE ELSE WANNA ASK SOME QUESTIONS? I JUST HAVE ONE.
IS THERE AN ENTRANCE FROM THE HOUSE TO THE SUNROOM? YES.
YEAH, THERE'S A, UH, IS A SLIDING DOOR.
AND, AND IT WAS AN EXISTING SLIDING DOOR, A LOT OF PATIOS.
AND EVEN THE ONE IN THE BACK IS A PAPER PATIO.
I THINK THE ONLY CONCRETE IS THE APRON AROUND THE, UH, THE SUNROOM.
BUT WE WE'RE UNDER ON COVERAGE.
IT'S JUST THE ADJACENCY TO THE PROPERTY LINES.
WE'RE WELL UNDER OUR COVERAGE.
I MEAN, THE THREE, THE THREE FEET FROM THE LINE FOR THAT STONE PATIO, IT'S, AND IF IT'S PAVERS, OH, PART OF IT'S THE FACT THAT THE, UH, STREET IS ON A RADIUS.
BUT, UM, ONCE AGAIN, IT WAS JUST DONE TO CREATE A LITTLE FLAT AREA TO BE ABLE TO WALK AROUND THE HOUSE.
AND INTERESTINGLY, IF YOU LOOK AT HOW WE DEPICT THE STONE WALKWAY, IF YOU LOOK AT THE EIGHT FEET THAT WE SHOWED TO THE, UM, PATIO, IF YOU CONSIDER THE WALKWAY, A WALKWAY IN THE PATIO, A PATIO, WE ACTUALLY, IT'S ACTUALLY 10 FEET TO THE PATIO.
AND WE'D HAD DISCUSSIONS WITH THE BUILDING DEPARTMENT, AND THE FINAL DETERMINATION WAS THAT THAT WAS ALL PATIO.
AND THAT'S WHY WE SHOWED THE EIGHT FEET.
BUT IF YOU CONSIDER, IF THAT PATIO WEREN'T THERE, THAT WOULD BE A WALKWAY AND IT WOULD BE, UM, IT WOULDN'T COUNT WITH A SETBACK.
I MEAN, I'M JUST SAYING IT'S A MATTER OF SEMANTICS,
AND THE ONLY REASON I BRING IT UP IS THAT THERE WAS SOME BACK AND FORTH.
WE ACTUALLY WENT BACK AND FORTH ABOUT THREE TIMES TRYING TO SUSS OUT WHAT WAS AND WHAT WASN'T THE VARIANCE.
ANYONE ELSE ON THIS MATTER? OKAY.
YOU HAVE SOMEBODY? YOU HAVE WALK.
I LIVE AT NUMBER 19 BEACHWOOD ROAD.
UH, THERE'S A LOT OF DISCUSSION ABOUT WHETHER THERE'S A PATIO OR NOT.
AS SOMEONE WHO LIVES ON THIS BLOCK, I WOULD SAY THERE'S A WALKWAY AROUND TO THE BACK OF THE HOUSE AND THERE'S A FLATTENED AREA WHERE A BENCH HAS BEEN PLACED.
[02:10:01]
A PATIO.I'M SURPRISED THAT IT WOULD BE CONSIDERED AS SUCH.
UM, I CAN ACTUALLY SEE INTO THE BACKYARD THERE, AND I DID NOT HAVE ANY IDEA THAT THERE WAS A ROOM UNDERNEATH THAT DECK.
IT'S COMPLETELY INVISIBLE TO ANYBODY IN THE NEIGHBORHOOD.
WE ALL LIKE TO WALK AROUND OUR HOUSES AND AS A MATTER OF SAFETY, IT'S A VERY GOOD THING THAT THOSE FLAG STAFFS ARE THERE SO THAT WHEN IT'S NOT LIKELY TO FALL WHEN THEY WALK AROUND THE HOUSE.
WE WILL TAKE IT UNDER ADVISEMENT AND DELIBERATE.
SO WHERE ARE WE WITH PHIL? CALL IT? YES.
LET'S HAVE TWENTY THREE, TWENTY ONE AND 23, 20 22.
MR. DANKO, I THINK WAS STEPPING OUT TO THE RESTROOM.
SO, UH, HE, HE SHOULD BE BACK IN HERE.
BUT WE, UM, I THINK WE'VE REACHED AN UNDERSTANDING, UH, MADAM CHAIR, MEMBERS OF THE BOARD.
MY CLIENT IS PREPARED TO CONTINUE TO ABIDE BY THE TERMS OF THE STIPULATION WITH ONE ADDITIONAL MODIFICATION.
AND THAT IS THAT THERE WOULD BE NO PROCESSING OF ANY KIND UNTIL 7:30 AM ON ANY DAY OF THE WEEK.
THAT WOULD MAKE THAT TERM CONSISTENT WITH THE 2002 SPECIAL USE PERMIT.
THAT WAS A SPECIFIC REQUEST OF THE TOWN ATTORNEY AND THE, UH, BUILDING DEPARTMENT.
I WAS KIND OF JUST STALLING TILL YOU GOT HERE.
SO, UM, RESPECTFULLY, WE WOULDN'T, WELL I GUESS IT'S TWO, TWO ISSUES.
THE TOWN DOES NOT HAVE ANY ISSUE WITH THE ADJOURNMENT ON THE SPECIAL PERMIT MATTER.
I WOULD SAY ON THE STOP WORK ORDER MATTER, WE DID HAVE A PRODUCTIVE, PRODUCTIVE MEETING OVER THE PAST HOUR OR SO, UM, IN THE LEAH JACKSON ROOM.
AND WE HAD DISCUSSIONS AND I HEARD THAT ADDED PROVISION THAT THA IS WILLING TO ADD TO THE SIGNED STIPULATION OF TWO WEEKS AGO.
WHILE THE TOWN DOES NOT NECESSARILY CONSENT TO THE ADJOURNMENT, NOR WOULD BE A SIGN SIGNATOR OF THAT DOCUMENT, WE WOULD RESPECT YOUR DECISION TO ADJOURN UNTIL THE NEXT MEETING AS YOU DID LAST TIME AS WELL.
GIVEN THAT ONE PROVISO ADDITIONAL.
I SAID GIVEN THAT PROVISIONAL ONE TO PROVISO.
YES, AND I, I WOULD LIKE TO POINT OUT EARLIER I MADE A STATEMENT THAT, UM, THE, THEY ALL MAY HAVE BEEN, UH, NOT IN COMPLIANCE WITH THE PROVISIONS WE DO.
THAT WAS, UH, A THIRD PARTY MONITOR HAD MADE THOSE STATEMENTS.
TONIGHT I FOUND OUT THAT THE THIRD PARTY MONITOR IS NOT HERE.
SO I WOULD SAY THAT I THINK IT'S IMPORTANT THAT THE THIRD PARTY MONITOR COME AND BE SWORN IN AND PUT THOSE STATEMENTS ON THE RECORD.
I DON'T HAVE FIRSTHAND KNOWLEDGE OF THAT.
SO I LOOK FORWARD TO THEM COMING OUT, UM, AND HAVING THAT DISCUSSION WITH EVERYONE HERE.
AND THE ONLY OTHER MATTER THAT I WOULD FOLLOW UP WITH REGARD TO THE MONITOR, UH, MEMBERS OF THE BOARD IS THAT, UM, MY CLIENT HAS STRESS TO THE TOWN IN PARTICULAR TO THE BUILDING DEPARTMENT, THAT ANY THIRD PARTY MONITOR, UM, RESPECT SSHA, OSHA, AND ALL APPROPRIATE SAFETY PRECAUTIONS.
UH, THERE HAVE BEEN SOME CONCERNS ABOUT, UM, HOW THE TOWN'S MONITOR HAS, UM, CONDUCTED ITSELF.
AND, UM, THE OTHER THING THAT I WOULD STATE IS MY CLIENTS ARE HERE TO PERSONALLY SWEAR TO THE FACT THAT THEY BELIEVE THEY'RE IN COMPLIANCE WITH THE TERMS OF, OF THAT STIPULATION.
SO IT'S DISAPPOINTING THAT THE MONITOR IS NOT HERE.
NONETHELESS, WE CAN RESPECTFULLY ADJOURN AND WE HOPE TO COME BACK ON THE 19TH OF OCTOBER AND WORK WITH YOUR BOARD TO FORMULATE THE ISSUANCE OF A NEW SPECIAL PERMIT THAT WILL BE ACCEPTABLE TO YOUR BOARD, TO STAFF, ET CETERA.
SO WE'VE GOT A LOT OF WORK TO DO.
WE'VE PROVIDED YOU WITH ADDITIONAL INFORMATION.
I WOULD, I WOULD, MY CLIENT WOULD ASK THAT YOU REVIEW SOME, UH, ALL OF THAT INFORMATION THAT WAS, UH, SUBMITTED TO YOU YESTERDAY.
WE MAY BE SUBMITTING SOME ADDITIONAL INFORMATION TO HELP YOU UNDERSTAND HOW BEST TO FORMULATE A SPECIAL PERMIT THAT WOULD PROPERLY REGULATE THIS OPERATION IN 2023 AND GOING FORWARD.
JUST, JUST ONE QUESTION FOR THE RECORD.
ON THE STIPULATION TO SEVEN 30, YOU SAID PROCESSING WILL NOT TAKE PLACE.
DOES THAT INCLUDE UNLOADING AND VOTING OF TRUCKS? APPRECIATE THE QUESTION, MR. LIEBERMAN.
IN FACT, THAT WAS WHAT WE DESCR DISCUSSED.
AND, AND I'LL LET JOE AND AND STAFF ADDRESS IT.
[02:15:01]
THE TOWN TO PERMIT US TO CONTINUE TO ACCEPT INBOUND MATERIAL PRIOR TO SEVEN 30 BECAUSE LOCAL GOVERNMENT CONTRACTORS, CONED, THEY'RE ALL LINING UP AT THE GATE BEFORE THAT.THEY'RE ALL DOING ROAD WORK AT NIGHT.
THEY ALL NEED TO GET THOSE OF YOU WHO'VE BEEN THERE UNDERSTAND THE OPERATION THEY NEED TO BE THERE.
SO THE TOWN MADE IT CLEAR FROM A REGULATORY STANDPOINT, THEY DON'T WANT PROCESSING, THEY DON'T WANT ANY NOISE GENERATING ACTIVITY AT THE MOMENT DURING THIS PERIOD OF THIS INTERIM PERIOD TO BEGIN UNTIL 7:30 AM BUT MR. LIEMAN, UM, THANKFULLY THE GATES WILL OPEN AND VEHICLES CAN COME IN AND UNLOAD AS AS WELL.
SO THAT WE GO, WE CAN ALL GET TO WORK AT SEVEN 30 IN THE MORNING.
DAVID, JUST, BUT AGAIN, JUST ONE POINT OF CLARIFICATION.
WE, WE IN IDEAL WORLD, WOULD LIKE TO HAVE THE 2002 SPECIAL PERMIT PROVISIONS APPLY ACROSS THE BOARD.
HOWEVER, I WOULD RESPECT THE SHORT ADJOURNMENT, HOPEFULLY TO RESOLVE THESE MATTERS ONCE AND FOR ALL UNDER THOSE CONDITIONS.
I HAVE ONE QUESTION JUST ON WHAT YOU SAID IS I THOUGHT THAT WE HAD, UM, DETERMINED THAT JUST CONED COULD COME IN BEFORE SEVEN 30.
ON THAT WAS SPECIFICALLY ON SATURDAYS.
WELL, AND WELL WE ALSO SAID THE SMALL, BUT I THOUGHT, AM I CORRECT? I THOUGHT WE WEREN'T LETTING ANYBODY ELSE ELSE IN UNTIL SEVEN 30 FOR THE RECORD, WE HAVE NOT LET PEOPLE IN.
WE WENT THROUGH THROUGH, BUT JUST SO YOU RESPECT YEAH, THAT'S FINE.
WE HAVE, WE HAVE MAINTAINED THE SEVEN 30.
I WAS AT THE SITE AT SEVEN THIS MORNING.
THERE WAS A LINE PAST SAM'S CLUB OUT THE DOOR.
THANK YOU FOR THAT CLARIFICATION.
WE WOULD RESPECTFULLY REQUEST AN ADJOURN.
UH, VISIT LIZ FROM THE BUILDING DEPARTMENT.
DAVID, UH, I JUST WANT YOU TO MAKE ON THE HOURS OF AND DAYS OF OPERATION, YOU SAID ANY DAY OF THE WEEK.
CAN YOU JUST CLARIFY THAT SO IT DOESN'T INCLUDE SUNDAYS? OH YEAH.
THERE'S NO OPERATION ON SUNDAYS.
A VOTE THEN I THINK THE ONLY THING WE WOULD REQUEST A VOTE ON AS AN ADJOURNMENT.
THE ADJOURNMENT IS PREDICATED ON THE OFFER AND THE STIPULATION.
WE ARE READY TO DO OUR DELIBERATIONS IN ANY EVENT.
SO WE CAN JUST DO VOTE ON THE AJO.
THE ADJOURNMENT, HOWEVER, IS FOR BOTH, UM, MATTERS.
IN LINE WITH THE APPLICANT'S REQUEST TO ADJOURN FOR THE REASONS PREVIOUSLY PRESENTED, I MOVE THAT, UH, CASE NUMBERS 2321 AND 2322 BE ADJOURNED TO THE MEETING OF OCTOBER 19TH WITH THE SUBJECT TO THE STIPULATION THAT WAS, UH, IN PLACE IN THE LAST MEETING WITH THE NEW ADDITION, ADDITION TO IT.
CAN WE GO TO THE BATHROOM NOW? YEP.
SO DO WE HAVE THREE CASES? FOUR.
WHAT'S THE FOURTH ONE? WE HAVE THIS ONE.
OOH LORD, REMEMBER YOU HAVE TO PUT IT ON WHEN YOU START PARKING.
ARE WE? I JUST PUT, I PUT MINE ON NO CASES.
ME? NO, I'VE GOT A TRIAL FIRST.
SO WE'RE JUST GONNA KIND OF MAKE OUR DECISION.
I JUST, I, THERE BOTH HAVE BEEN MENTIONED, SO I JUST WANT BEEN MENTIONED, BUT I JUST WANTED TO MAKE SURE I KNEW WHAT WAS HAPPEN.
UM, WHEN THEY WERE ASKING FOR A FULL BOARD, WERE THEY JUST WAITING? I EXPLAINED TO THEM THERE'S ONE MORE PERSON, BASICALLY.
I MEAN, THIS IS THIS'S ABOUT AS GOOD AS YOU KNOW, EXCEPT FOR LOU.
BUT, BUT, BUT I EXPLAINED TO THEM THAT IT'S NOT EVER GOING TO BE GUARANTEED.
THERE WILL NEVER BE A FULL BOARD HERE.
AND I'M SURE THE TOWN IS NOT GONNA RETURN THIS AD NAUSEUM UNTIL THERE IS, THERE WILL NEVER BE A AND TECHNICALLY, TECHNICALLY
[02:20:01]
THOUGH, ONE OF THOSE PEOPLE IS AN ALTERNATE.SO REALLY A FULL BOARD IS SET.
WE DON'T EVEN HAVE EIGHT PEOPLE.
FIRST CASE IS IF YOU HAVE YEP.
WELL WE, SO WHAT IS, WHAT'S THE NEXT WORD? I'M READY TO MAKE A DECISION ON THAT.
ANYBODY ELSE WANT TO DRAW, VOTE, OR YOU HAVE SOME COMMENTS YOU WANT TO ADD? I MEAN, THERE'S TWO PIECES.
WAIT, WE GOTTA GET ALL OUR SPEAKERS ON HERE.
OH, IS MINE ON? CAN YOU, THIS IS A WEIRD ONE.
I FEEL LIKE THAT'S NOT BREAKOUT IN SOUL
YOU WANT THAT ONE? BUT THE GREEN LIGHT WAS ON I THOUGHT FOR A MINUTE AGO.
OH, OH, I CAN ACTUALLY ING I LIKE TELL JOKES.
YOU LIKE YOUR WATER? NO, NO, THANK YOU
I WAS GONNA SAY THERE'S TWO PIECES TO IT.
AND IF WE DON'T AGREE WITH THE INTERPRETATION, IT'S THE USE VARIANCE.
SO I WOULD SAY I AGREE WITH THE INTERPRETATION.
AND I WOULDN'T GRANT A USE VARIANCE.
YOU WOULD NOT, I WOULD NOT GRANT THEM USE VARIANCE.
NO, I, I WOULDN'T, I I THINK, I DON'T THINK THEY HAVE PROVEN ALL THE FOUR CRITERIA THAT THEY HAVE TO HAVE TO HAVE A USE VARIANCE.
I DON'T THINK THERE'S A FINANCIAL, THE FINANCIAL HARDSHIP THERE, UM, AT ALL.
SO I WOULD HAVE TO SAY, UNLESS WE GO BACK TO THEM AND GIVE THEM ONE LAST CHANCE TO SHOW US THE TWO THINGS I THINK THEY'RE MISSING, I WOULD SAY NO.
ALSO, I MEAN, I UNDERSTAND THE FINANCIAL HARDSHIP TO THE BUSINESS THAT, THAT THERE'S NO MONEY IN, UM, HORTICULTURE THESE DAYS.
I GET I UNDERSTAND THAT, BUT UM, I, THE BUSINESS THAT THEY WANT TO HAVE THERE, IT DOESN'T MEAN THERE'S NO UTILITY OF THE LAND AT ALL.
I DON'T WANT TO SEE THEM GO OUT OF BUSINESS.
THEY SEEM LIKE THEY'RE NICE PEOPLE, EVERYTHING.
BUT I JUST DON'T SEE GRANTING A USE VARIANCE FOR THAT LAND WHERE THEY COULD SELL IT.
AND THEN, YOU KNOW, WE'VE BASICALLY ARE ALLOWING A, WHAT I WOULD CALL AN ORGANIC MANUFACTURING SITE IN THE MIDDLE OF A RESIDENTIAL DISTRICT.
I THAT AND, AND BY THE WAY, THERE'S WAYS LIKE TOWN REALLY WANTS TO SUPPORT THAT USE.
THEY COULD MAKE IT A SPECIAL PERMIT USE.
THEY COULD HAVE THEM, YOU KNOW, PETITION THE TOWN, HAVE THE TOWN PUT CRITERIA TO MAKE IT SOMETHING THAT IS MORE MANAGEABLE AND, YOU KNOW, BETTER.
AT LEAST YOU WOULD HAVE A SET OF CRITERIA THAT THEY HAVE TO ABIDE BY.
LIKE SAL, YOU KNOW, WHEREAS I, GRANITE IT'S VERY DIFFERENT.
BUT, YOU KNOW, THERE'S WAYS TO MAKE IT WORK.
BUT IF IT'S, I DON'T, I DON'T SEE IT AS A USE VARIANCE FOR ME THAT'S, I GUESS I DISAGREE.
UM, I THINK IT'S, AND MAYBE THE ANSWER IS A SPECIAL USE AREA.
I DON'T, I DON'T KNOW, BUT IT IS THE PERFECT KIND OF LOCATION FOR THAT KIND OF USE.
I, THEY MAY NOT HAVE STATED IT AS ACCURATELY AS WE WOULD'VE LIKED TO ON THE FINANCIAL, BUT IT'S PRETTY OBVIOUS HAVING GONE THERE THAT, YOU KNOW, AND GONE TO HOME DEPOT OR LOWE'S, THAT THAT KIND OF BUSINESS IS GETTING HURT BADLY.
AND, AND FROM THE OTHER LANDSCAPE PLACES WE'VE GONE TO, UM, I THINK IF THEY SOLD IT, UM, THE TRAFFIC WOULD BE MUCH WORSE.
I THINK THAT'S A VERY SPECIOUS ARGUMENT.
I THINK YOU WOULD HAVE FEDEX TRUCKS THERE.
I, SO I THINK THE WHOLE TRAFFIC ISSUE IS INCORRECT.
I THINK THE OWNERS HAVE GONE WAY OUT OF THEIR WAY TO SAY, OKAY, WE HAD ALL THE BOILER, THE BURNERS DISCONNECTED, WE'RE GONNA PUT UP THE TREES.
THEY'VE, THEY'VE REALLY MET AND ANSWERED AND TRIED TO MITIGATE EVERY ONE OF THE NEIGHBOR'S CONCERNS.
UH, SO I WOULD'VE VOTED, I WOULD VOTE IN FAVOR OF GIVING IT TO THEM, GIVING THEM A USE VARIANCE.
[02:25:03]
ANYONE ELSE? I WOULD NOT, YEAH.I KNOW WHAT YOU'RE, NO, I MEAN, YEAH.
I'M LIKE IN THE, IN THE MIDDLE BECAUSE I'M, I'M TRYING TO JUST LIKE, ABSORB ALL OF THE INFORMATION AND TAKE OUT THE EMOTION IN THIS CASE
SO THAT'S WHAT EVERY VARIANCE IS HARDSHIP, RIGHT?
BUT YOU HAVE TO PROVE THE HARDSHIP ACCORDING TO WHAT WE CALLED STATES THAT YOU REQUIRE.
AND THE PROBLEM IS THAT YOU CAN HAVE SOMEONE THAT REALLY, REALLY, YOU KNOW, IS CALLING OUT FOR SOMETHING MM-HMM.
AND THEN YOU HAVE SOMEONE ELSE WHO SAYS, WELL, THEY GOT IT.
THEY DIDN'T HAVE TO PUT UP THEIR PROOF, SO WE SHOULD TRY IT.
AND, YOU KNOW, THAT'S WHEN IT STARTS SORT OF SNOWBALLING.
SO THAT'S, THAT'S THE ISSUE I HAVE.
I THINK THAT WE SHOULD, IN MY OPINION, I THINK THAT WE SHOULD GIVE THEM ANOTHER OPPORTUNITY TO TRY TO COME UP WITH SOMETHING THAT THEY CAN, TO SUPPORT WHAT THEY WANT.
I MEAN, GIVE ANOTHER, THE, THE EMOTIONAL LEVEL IS NOT GONNA DO IT.
SO KIRA CAN, AND THEN INCLUDE THAT IN THE LETTER TO THEM, WHAT DIANE SAID.
WELL, I THOUGHT WE HAD ALREADY KIND OF TOLD THEM, YOU KNOW, WE'VE ASKED THEM LIKE A COUPLE OF TIMES AND THEY YEAH.
TO PROVIDE SOME TYPE OF FINANCIAL PROOF.
AND, AND YOU KNOW, IT DOESN'T HAVE TO BE A WOOD BUSINESS EITHER.
I THINK, I GUESS WHAT WE'RE LOOKING, AT LEAST FOR ME, WHAT I'M LOOKING FOR IS MORE A FINANCIAL STATEMENT, UH, NUMBERS, BECAUSE WE'RE, WE'RE, WE'RE, WE'RE, WE'RE, WE'RE TALKING IN, IN TERMS THAT ARE VERY VAGUE.
SO IN ORDER TO REALLY, D WE HAVE TO GET TO THE FACTS AND, AND THE FACTS OR NUMBERS.
SO I THINK IF THEY CAN DEMONSTRATE SOME SORT OF INCOME SHEET, YOU KNOW, INCOME STATEMENT OR BALANCE SHEET THAT DEMONSTRATES LOSS OF BUSINESS OVER TIME, OR SHOWS A DECLINE OF MONEY COMING IN, THEN THAT WOULD DEMONSTRATE HARDSHIP.
BUT RIGHT NOW WE DON'T, AT LEAST WHAT I'M SEEING, WHAT HAS BEEN PRESENTED OVER AND OVER AGAIN, I DON'T SEE, UM, NUMBERS.
THERE WERE SOME, BUT I DIDN'T UNDERSTAND THEM.
WHAT I ALSO, THEY HAVEN'T EXPLORED OR COME BACK WITH ANY OTHER OPTIONS THAT ARE AGRICULTURAL.
WELL, WOOD ISN'T AGRICULTURAL, RIGHT? WELL, THEIR MIND, THEY'RE SAYING, YEAH, BUT IT, YOU KNOW, THERE ARE HOT HOUSES WITH VEGETABLES.
LIKE, I MEAN, THEY HAVEN'T EXPLORED OTHER OPPORTUNITIES.
I'D LIKE TO SEE OTHER OPPORTUNITIES POTENTIALLY, AND TO SHOW THAT HARDSHIP.
I, I MEAN, BUT ULTIMATELY THEY'RE SITTING ON A VERY, UM, A PIECE OF LAND THAT'S WORTH A LOT OF MONEY.
SO ESSENTIALLY LIKE, I DON'T KNOW.
I, I DON'T, THAT'S WHAT I CAN'T GET PAST IS I DON'T KNOW HOW YOU EVEN, LIKE, YOU KNOW, YOU SELL IT FOR SO MUCH.
IT'S, IT'S, YOU KNOW, IT'S THE OTHER CASES WHERE WE'VE DONE THIS AND WE'VE SHOWN HARDSHIP.
LIKE THE PEOPLE WOULD'VE GONE BANKRUPT.
IF WE DIDN WE DIDN'T GIVE THEM THIS, THEY'RE, THEY'RE GONNA SELL THE PROPERTY, THEY'RE GONNA DO SOMETHING.
SO IT, I THINK IT'S A LOT HARDER FOR IN, IN THIS CIRCUMSTANCE THAN OTHERS.
UM, BUT YES, THAT'S WHAT I WOULD LIKE TO, I'D LIKE TO SEE LIKE, SHOW US THAT.
AND ARE USE VARIANCES MORE ABOUT THE LAND ITSELF, ED, WHAT'S THAT? ARE USE VARIANCES MORE ABOUT THE LAND ITSELF? WELL, YEAH.
SO, I MEAN, LIKE, TALKING ABOUT THE, THE LAND, LIKE, ONE OF THE CRITERIA IS THAT YOU SO UNIQUELY SITUATED, LIKE IF THIS WERE LIKE, YOU KNOW, A A LIKE THE FOUL PROPERTY MM-HMM.
THAT'S DIFFERENT THAN THAT PIECE OF PROPERTY, WHICH IT'S CAN BE SUBDIVIDED INTO A
[02:30:01]
MILLION HOMES, YOU KNOW? YEAH.WHICH I DON'T THINK THE NEIGHBORS WANT EITHER.
BUT THE, I GUESS FOR ME ISN'T A HARDSHIP TELLING SOMEBODY, AND I GUESS I'VE WORKED WITH PEOPLE LIKE THIS, SAY I WANNA BE A FARM FARMER BUSINESS PERSON.
AND NOW WE'RE SAYING, WELL, NO, BUT YOU CAN SELL IT, GET A LOT OF MONEY AND GO BE AN OFFICE WORKER.
AND THAT'S NOT WHO AND WHAT THEY ARE.
SO HARDSHIP IS ASKING SOMEBODY, AND I DON'T THINK WE HAVE THE RIGHT TO SAY, YOU NEED TO BE A DIFFERENT KIND OF PERSON.
IT'S ABOUT THE LAND FROM A THREE GENERATION BUSINESS.
IT'S ABOUT THE LAND'S, THE LAND, IT'S ABOUT THE PIECE OF PROPERTY THAT'S ON.
I'VE WORKED WITH PEOPLE WHO WERE OUTDOOR WORKERS AND ALL OF A SUDDEN THEY WERE PUT INDOORS AND THEY WERE, THEY COULDN'T DO IT.
IT'S, IT, IT'S A LIFESTYLE AS WELL.
IT'S WHAT YOU'VE BEEN RAISED TO DO AND BE.
BUT IF YOU HAVE THAT, THOSE, AND THIS IS JUST, JUST SAYING THIS, IF YOU HAVE THOSE FUNDS, YOU CAN GO TO A LOCATION WHERE YOU COULD DO THAT AND STILL HAVE THAT BUSINESS.
OR WORK WITH THE TOWN AND SET UP CRITERIA THAT MAKES THE NEIGHBORS HAPPY.
I I, I THINK YOU END UP CHASING OUT ALL THE BUSINESSES THAT ARE NOT SUBURBAN HOMES, BUT IT'S, THAT'S THE GOOD, THAT'S IN THE BEST INTEREST.
IT'S CLOPPED IN, IN RESIDENTIAL ZONE.
WELL, I DON'T, BUT MY QUESTION WAS, AND NO ONE CAN ANSWER THAT.
WHEN DID THAT ZONING GO INTO EFFECT? AND WAS THIS A PREEXISTING USE TO THE ZONING? AND I THINK IT MAY HAVE BEEN, WELL, THAT'S WHAT YOU WOULD WANT THEM TO, TO PRODUCE.
I THINK IT'S BEEN RESIDENTIAL, BUT MAYBE, MAYBE IT WAS ZONED AGRICULTURE.
BUT THAT WAS THE WHOLE POINT OF THE BUILDING.
BUT IT MAY NOT HAVE BEEN ZONED MATTER.
IT JUST MAY NOT HAVE BEEN ZONED.
AND THEN THEY PUT IN ALL THOSE HOUSES, I BELIEVE THEY WERE ZONED.
THEY, THEY GOT, IT WAS CHANGED TO AGRICULTURE AND THEY WERE PAYING THEIR TAXES BASED ON AGRICULTURE, WHICH HAVE SINCE BEEN RAISED.
I THINK THE BUILDING INSPECTOR'S POINT IS IT'S NOT AN AGRICULTURAL USE YEAH.
AS THIS ZONING ORDINANCE DEFINES AGRICULTURE.
BUT THAT'S SOMETHING THAT THE TOWN CAN CHANGE.
IF THE TOWN REALLY WANTS THIS, THEN THEY SHOULD WORK WITH THEM AND COME UP WITH A WAY TO MAKE IT WORK.
I THINK IN NEW YORK STATE THOUGH, LIKE THAT, THAT PART OF IT WAS BEYOND THE TOWN IN NEW YORK STATE LAW.
WHAT ABOUT THE WOOD WAS IT HAD TO BE ON YOUR PROPERTY FOR IT TO BE AGRICULTURE.
SO YOU HAVE TO HARVEST YOUR OWN WOOD, RIGHT.
FOR IT TO BE AN AGRICULTURAL USE.
SO IT'S NOT REALLY THE, THE TOWN, IT'S THE STATE.
THAT WAS ACTUALLY WHEN I WENT TO VISIT, I SAID TO THEM, HAVE YOU THOUGHT ABOUT MAKING THIS A CHRISTMAS TREE FARM? YEP.
SO MAYBE THAT'S SOMETHING WE CAN WRITE DOWN.
BECAUSE THE, THE LETTER THAT THE YOUNG LADY READ PRIOR STATED THAT IT WASN'T AGRICULTURAL.
SHE SAID THE MULCH AND THE WOOD BURNERS DO NOT FALL UNDER THE UMBRELLA OF AGRICULTURE.
IS THAT CORRECT? WELL, THE WOOD BURNERS, OR THAT'S THE POSITION OF THE BUILDING DEPARTMENT.
THAT'S THE POSITION OF THE BUILDING DEPARTMENT.
BUT THE WOOD BURNERS WERE, THAT'S USED FOR HEATING INFORMATION THAT THEY WERE APPEALING.
THE WOOD BURNERS WERE USED FOR HEATING THE AGRICULTURE.
YOU MEAN THE WOOD CUTTING? RIGHT.
THE WOOD CUTTING IS NOT, IT'S NOT.
SO MAYBE THAT'S WHAT WE NEED THEM TO DEFINE.
IS IT IS IF YOU'RE HARVESTING, DOING, IF YOU'RE GROWING THE TREES.
BUT THEY'RE BRINGING THE LAWS.
THEY'RE NOT EVEN BRINGING THEM IN.
REMEMBER DIANE HAS A BEWITCHING HOUR.
WE HAVE AN HOUR, SO LET'S BE ADJOURNED.
DO WE HAVE TO VOTE OR WE VOTED, THEN WE VOTE.
WE SAID WE'RE GONNA ASK HER FOR MORE WHEN YOU GO BACK ON THE RECORD.
WELL, NO, WE'RE NOT VOTING ON THAT ONE.
NEXT IS, UH, ONE OF THE SIGN AT 1 41 CENTRAL AVENUE.
I HAVE NO PROBLEM WITH THAT, BUT I CAN'T WRITE IT UP 'CAUSE I LOST THE ENTIRE APPLICATION.
I DON'T EVEN KNOW WHERE IT WENT.
I I WOULD, I WILL BE HAPPY TO WRITE IT UP TOMORROW.
I THINK IT OH, YOU ARE? IT LOOKS LIKE A, IT LOOKS LIKE A TOMBSTONE BECAUSE THEY DON'T SO WHAT'S A TOMBSTONE
THE OLD ONE SUPPOSED TO BE, I DON'T KNOW WHY THEY DIDN'T PUT IT UP FROM THE GROUND THE WAY IT'S SUPPOSED TO BE.
THAT'S WHAT THEY'RE ASKING OF THE VARIANCES FOR, I THINK.
IT JUST TAKES UP THE WHOLE WIDTH.
[02:35:01]
TO PUT ALL THE TENANTS THAT ARE RIGHT ACTUALLY LIKE THAT.I LIKE IT THAT BECAUSE WHEN YOU GO DOWN CENTRAL AVENUE, ALL YOU DO IS SEE ALL THESE RIGHT.
I, I, I ACTUALLY AESTHETICALLY ACTUALLY LIKED IT.
DO WE HAVE THE, DON'T MIND BEING, DO WE HAVE THE, UM, I VOTED THE TEMPLATE.
I JUST WANT, I JUST WANT IT FOR THE TOP.
YEAH, WE, OKAY, SO LET'S MOVE.
SO THE HOSPITALITY AND THAT'S THE, THAT'S YOU VOTED TO ADJOURN.
AND NOW YOU HAVE THE ONE THAT'S MISSING FROM THE AGENDA.
NO, I, NOW WE HAVE THE NEW AGENDA.
I MEAN, THAT WAS THE, OKAY, I LOST THAT ONE TOO.
THAT WAS THE POOL, RIGHT? YEAH.
HEY, THAT WAS ION WELL, THE FENCE, WE'VE ALWAYS CONSIDERED IT TO THE FENCE.
SO LET'S JUST SAY THAT'S OUR PROPERTY LINE.
I, I WHAT I WANT SOMEBODY TO GO AND DO, LIKE, WHO OWNS THIS PROPERTY? THE BUILDER COULD STILL OWN THIS.
SO WE NEED TO TELL HER WHAT WE WANT.
I THINK THEY NEED TO COME BACK WITH SOME KIND OF A TITLE SEARCH OR SOMETHING FOR SOMEBODY WHO OWNS THIS PROPERTY.
WELL, THEY JUST HAD THE THE YOU MEAN A PROPERTY LINE? WELL, PROPERTY LINE IS, THERE'S NOT THEIRS.
OH, IT'S NOT THEIR YEAH, THE PROPERTY LINE WAS DONE.
THEY CAN'T, THEY CAN'T BUILD A FENCE.
IT'S YEAH, IT IS, IT IS THE PUBLIC.
THEY CAN'T JUST BUILD A FENCE.
IT'S A, IT'S IT'S UNIMPROVED ROAD.
SO IF WHATEVER IT IS, IT'S NOT PART OF THEIR PROPERTY AND THEY USUALLY, USUALLY THESE KIND OF REVERT BACK TO THE TOWN.
I COULD TELL YOU IN MY NEIGHBORHOOD WHERE IT BE, THERE ARE LITTLE PLOTS OF PROPERTY THAT ARE STILL OWNED BY THE ORIGINAL BUILDER BECAUSE WHEN THEY CAME IN AND PUT IN THE ROADS, THE IMPROVED ROADS, THEY LEFT PART, THEY DIDN'T NEED ALL OF IT.
SO IT, THE ORIGINAL BUILDER LIKE KEPT TO THOSE LITTLE PIECES OF PROPERTY.
SO WE'RE JUST ASSUMING IT'S PUBLIC, BUT WE DON'T KNOW PAY TAXES.
ANYTHING ELSE WE WANT THEM TO, BUT THEY'VE ALSO HAD THE FENCE THERE SINCE 1976.
SO THEY COULD GO AND CLAIM IF IT'S NOT PUBLIC PROPERTY RIGHT.
THAT THEY OWN IT SINCE THEY'VE BEEN MAINTAINING IT AND EVERYTHING.
WELL, YOU DON'T HAVE TO ENCLOSE IT.
YOU KNOW, YOU JUST HAVE TO MANAGE IT, MAINTAIN IT, MAINTAIN IT, AND YOU KNOW.
AND LET THEM GO AND PRETEND THAT IT'S YOURS.
SO THEY NEED TO GO BACK AND DO THAT RESEARCH.
BUT I DON'T THINK CAN PROVE THEM PUTTING UP A FENCE.
I KNOW, BUT WE DON'T KNOW IF IT'S, WELL, THE NEIGHBOR CAME AND SAID THE FENCE WAS THERE THAT SINCE SHE LIVED IN THAT HOUSE IN 1976 AND SHE OPPOSED SOMEBODY WITH THE HORSES USING IT.
I, YEAH, I, I KIND OF BELIEVE THAT I, I DON'T KNOW WHAT IS GOING ON WITH ME.
SO WHAT YOU WANNA DO WITH THAT ADJOURN AND WHAT IS THE LETTER YOU WANT HERE TO PUT UP? RIGHT TO THEM? WE'RE TRYING TO FIGURE OUT, WE WANT, YOU CAN'T FIGURE OUT WHO OWNS THAT PIECE OF PROPERTY.
I DON'T THINK THEY SHOULD PUT THEIR FENCE ON IT.
WELL, SO THEN YOU GET, SO, SO THEY CAN GET, SO THEN THE PLAN DOESN'T WORK.
YOU CAN REQUEST THAT THEY COME IN WITH A TITLE REPORT SHOWING OWNERSHIP OF, AND ASSUMING THEY DO THAT AND WE FIND OUT WHO IT IS, THEN WHAT DO WE DO? WELL THEN THEY'RE GONNA HAVE TO, IF IT'S A PERSON, THEY'RE GONNA HAVE TO GO AND GET PERMISSION OR BUY IT OR WHATEVER.
IT'S NOT A PERFECTLY EASY ISN'T WAY.
THERE'S A PERFECTLY EASY WAY FOR THEM TO MOVE THE POOL, HAVE IT FIT, HAVE IT BE AWAY FROM THE REAL PROPERTY LINES.
I DON'T THINK THEY CAN GET IT FAR ENOUGH AWAY THOUGH.
THEY CAN GET ACTUALLY BE 10 FEET FROM THE HOUSE.
IF YOU LOOK AT IT, THEY COULD MOVE IT DOWN, MOVE THESE LOUNGE CHAIRS OVER HERE.
THEY CAN'T BECAUSE IT, THEN IT'S CLOSE TO THE HOUSE.
SO THEY'VE GOT SIX ADDITIONAL FEET.
YOU MOVE IT SIX FEET DOWN, BUT YOU MOVE IT CLOSE TO THE HOUSE THERE, IT'S, THAT'S NOT A HOUSE THAT'S DESK.
I DON'T THINK IT COULD BE THAT CLOSE TO THE EITHER.
THERE'S, THEY, THEY HAVE BASICALLY MADE THE WHOLE PLAN ON THEM TAKING OVER THIS OTHER LAND.
BECAUSE THEY'VE BEEN USING IT.
BECAUSE THEY'VE BEEN USING IT.
[02:40:01]
MAXIMIZE IT, MAXIMIZE THEIR, IF I COULD GIVE A LOT MORE FREE LAND FOR FREE, YOU KNOW, WHY NOT DO THESE PEOPLE THAT DO TITLE SEARCHES WHEN PEOPLE BUY HOMES, REALLY LIKE DO THE WORK BECAUSE THEY WOULD'VE SEEN THE FENCE ON THAT.YOU KNOW? I THOUGHT IT WAS MY, THEY MAY HAVE KNOWN PROPERTY.
THEY COULD HAVE BOUGHT IT FOR CASH AND THEY DIDN'T NEED A MORTGAGE AND THEN THEY DIDN'T NEED TITLEIST.
SO ANYWAY, SO WHAT DO WE WANNA DO? DO WE WANNA TURN IT DOWN? DO WE WANT TO ASK THEM TO GET SOMETHING DONE? DO WE WANNA PASS IT? WELL, THEY SAID THEY'D MOVE THE FENCE AND THEY SAID THEY'D PUT THAT WINDOW UP.
ACTUALLY ONLY THE ARCHITECT SAID, WELL, WE COULD MOVE THE FENCE.
BUT YOU NEVER HEARD ANYBODY OFFERED ACTUALLY DO IT.
ALRIGHT, SO WE'RE ADJOURNING THAT TO SEE IF THEY'LL COME UP WITH A BETTER, BETTER PLAN.
ARE YOU CLEAR WHAT WE WANT?
I THINK THAT WE, WE, WE CAN'T GIVE YOU, WE CAN'T LIKE HAVE THEM PUT A FENCE, LIKE APPROVE SOMETHING, A PLAN THAT HAS A FENCE ON PROPERTY THAT ISN'T THEIRS.
THEY NEED TO COME BACK WITH ALTERNATE PLANS OR SHOW PERMISSION FROM THE OWNER OR WHATEVER.
WHO OWNS THE PROPERTY? THAT'S SAD.
THAT WAS FOR THE FRONT YARD, RIGHT? YEAH, THAT WAS WHAT, I'M SORRY FOR THE DECK THEY PUT ON THE FRONT.
I THOUGHT IT WAS HERE WAS 2014, BUT ACTUALLY IT'S DIFFERENT FROM WHAT THEY GOT A PERMIT FOR IN 2014, WHICH WAS SUPPOSED TO BE THE FULL LENGTH OF THE HOUSE.
AND IT ONLY WENT PART OF THE WAY.
ANYTHING ELSE ABOUT THE HOUSE NEXT? OKAY, G**O, NEXT ONE.
SEE, WELL LET'S HAVE EVERYBODY ELSE.
YEAH, THAT WAS WITH THE SHRUBS AND YEAH.
OKAY, SO YOU DON'T EVEN NEED ME, BUT, SO WHO'S GONNA WRITE THIS ONE UP? SHAUNA? SHANA, YOU'RE SO IN ENTHUSI.
WHICH I GOTTA FIND THE GUERRERA.
WHERE IS IT ALL? DOES MARIA SHAUNA HERE? YES.
WHO'S WRITING UP THE SIGN? THE THE SIGN ONE ARE CHRISTIE, DO YOU HAVE THE, WERE YOU DOING THAT ONE? YOU WERE DOING THE ONE.
WHICH SIGN? ONE ARE YOU DOING T ONE? NO, NO, NO.
I THOUGHT WE WERE DOING THE HOTEL SET.
YES, THAT'S WHAT I WAS ASKING.
IF YOU, IF ANYBODY NEEDS I HAVE.
OH, YOU HAVE TO, YOU HAVE TO DO THIS.
OKAY, SO THE MARRIOTT IS A YES.
UNLESS YOU SAY NO, NO, NO, NO.
SO NOW WE MOVE TO, UH, NUMBER NINE, THE LAST POOL.
THIS IS THE, NOT THAT WAS THE HOTEL, THE SIGN.
ARE WE OKAY WITH THE PATIO? PATIO? IS EVERYBODY OKAY WITH THE HOTEL SIGN? YES.
AS LONG AS IT'S ON THE DIMMER.
I'M GONNA PUT IN THE, AND THE LAST ONE, THE LAST ONE IS, UH, PATIOS.
I'M FINE ACTUALLY LOOKING AT THE HOUSE.
I SAID IF SOMEONE WAS BUYING THIS, THEY WOULD PROBABLY TAKE A LOT OF THIS TOO.
BUT I, YOU KNOW, BUT THAT LITTLE CURVED NOOK LOOKED LIKE THE PERFECT PLACE TO HAVE A BOOK AND READ.
SHE SAID THAT THEY WOULDN'T EVEN NEED A VARIANCE IF IT WASN'T CALLED A PATIO.
I WAS LIKE, IF IT WAS A WALKWAY WAS SO STUPID.
YEAH, BECAUSE THE, THE WALKWAY DOES GO VERY CLOSE TO THE LINE.
BUT THAT'S NOT TOWN ORDINANCE THAT DIDN'T REQUIRE VARIANCE.
WHO'S WRITING THAT ONE? I CAN TRY.
SO FINISH IN YOUR EMAILS, MAN.
IT ALLOWED TO CARRY, LOOK LIKE YOU WERE CHECKING OUT.
I'M FREEZING AT THEM AND I'LL HAVE THIS ON.
NOBODY WAIT, THEY WAIT UNTIL THEY, WE GET THE DECISION SO THAT THEY ALL WAIT.
[02:45:01]
CONDITIONING MAKES ME COLD.THAT'S WHY I'M, YOU JUST HAVE TO PUT FINDINGS IN.
THOSE ARE BASICALLY THE FINDINGS.
AND SHE, AND SHE'S GONNA SAY THAT IF THE, THAT LITTLE CURB IN THE PATIO HAD JUST BEEN A WALKWAY THEY WOULD NOT HAVE NEEDED, THEY WOULDN'T NEED THOSE.
DONE OUR DELIBERATIONS FOR THIS EVENING.
AND THE FIRST CASE, 2314 HARTSDALE GREENHOUSES IS ADJOURNED FOR ALL PURPOSES TO THE MEETING OF OCTOBER 19TH.
AND NEXT WE HAVE 23 19 1 41 CENTRAL AVENUE, L L C.
AND WHEREAS THE GREENBERG EXHIBIT, I THINK, DO YOU HAVE ANY, UM, RESOLUTIONS FOR ME OR NOT? I ASSUME THIS IS A TYPE TWO, WHAT WAS IT? TYPE 20 19, 20 23.
AND WHERE IS THE GREENBERG Z B A? IS THAT THE, IS IT THE TOWN WHO DID IT? I DID.
YOU NEED A MINUTE FOR THAT? YOU CAN FIND ANY ONE AND JUST GIVE IT TO ME.
LEMME SEE IF I SHOULD WE JUST GO PAST THAT ONE AND COME BACK TO IT? YEP.
WE'RE GONNA HAVE TO RUN UPSTAIRS FOR THAT.
WE ALL NEED A WELL, WE WE'LL NEED 'EM FOR ALL OF THEM.
REMEMBER WE'RE RECORDING EVERYBODY.
SO YEAH, SO IF YOU WANNA LOOK FOR THE FOLDER.
YOU CAN DO, I KNOW WE HAD NUMBER 19 HERE, 26 ALSO WAS A YES.
THAT'S THE ONE WITH THE TREES.
THAT'S NO, SO THE WHAT? IT'S NOT HERS.
SO THERE WAS THE ONE THAT THEY ASKED TO BE ADJOURNED AND THE NEIGHBORS WERE HERE.
THAT'S, THAT'S WHAT DIANE WAS ASKING ABOUT.
THE ONE YOU'RE DOING, YOU HAVE TO PUT DOWN THE NO, THAT TREES RIGHT HAVE, YEP.
YEAH, THAT'S JUST, THAT'S HARTSDALE.
UM, SORRY THAT WAS, UH, THIS HAR HILLS.
NO, I'M, BUT I HAVE TO DO, NO, I'M TELLING YOU NO, BUT 20 THROUGH 23, WE PUT THAT IN THE RECORD.
I HAVE, I THINK I WROTE IT ON THE THING.
I THINK I WROTE IT ON SOMETHING THAT'S IN THAT FOLDER, BUT NOW I'VE GOT, I CAN DO IT.
DIANE, AFTER THIS ONE, ONE WE MIGHT NOT NEED, IF YOU HAVE TO LEAVE, IT'S 10 15.
I DON'T HAVE TO BE, I DON'T HAVE TO LEAVE TILL 11.
I HAD TILL 11, SO I WE'RE GOOD.
I TRIED TO TIME YOU, YOU DID A GREAT JOB.
SO, SO WE'LL STRETCH YES UNTIL 11
YOU DON'T VALUE YOUR LIFE ED DO YOU MUCH, TWO OTHER PEOPLE WHO HAD ISSUES TONIGHT.
YOU, YOU HAVE TO WORK AND CHRIS, AREN'T YOU TRAVELING? YES.
HOW EARLY IS THAT? WHERE ARE YOU GOING? I'M GOING TO WAKE FOREST WITH MY SON.
[02:50:03]
SO THIS IS HIS SOPHOMORE YEAR? YEAH.AND WE ARE BACK, WE WITH THE UM, SEEKER WHEREAS THE GREEN, PARDON ME, 23.
WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO C A COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
AND WHO HAS A MOTION? UH, MADAM CHAIR, I HAVE A MOTION.
I MOVE THAT THE APPLICATION IN CASE NUMBER 2319 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE.
SAME WITH THE BUILDING DEPARTMENT.
CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE DATE, UH, FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLAN DATED AUGUST 27TH, 2021 AND STAMPED TO RECEIVE JULY 12TH, 2023 SUBMITTED IN SUPPORT OF THIS APPLICATION.
OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENT SHOWN ON THE 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 AND WE'LL BE READING THE FI OR PUTTING THE FINDINGS IN THE RECORD LATER ON LATER AT A LATER DATE.
DUE TO THE FACT THAT I HAD MENTIONED EARLIER BEFORE WE STARTED OUR MEETING, UH, WE HAVE A TIME CONSTRAINT.
SO WE ARE DOING THE MOTIONS BUT NOT THE FINDINGS AT THIS POINT.
HOWEVER, AS USUAL WE CAN MAKE CERTAIN THAT THEY WOULD BE PUT IN THE RECORD AS WELL AS THEY WOULD BE MADE AVAILABLE TO THE PUBLIC.
AND I'M GONNA SECOND THE MOTION.
AND THE NEXT CASE WE HAVE IS CASE 2320, WHICH AGAIN IS ALSO ADJOURNED AT THE REQUEST OF THE APPLICANT TO OCTOBER 19TH, 2023.
AND THE NEXT CASE IS, OR CASES I SHOULD SAY 2321.
CASE 2321, WHICH IS THE MODIFICATION AND RE AND RENEWAL REQUEST FOR THE SPECIAL PERMIT THAT IS ADJOURNED TO OCTOBER 19TH FOR ALL PURPOSE FOR ALL PURPOSES.
AND CASE 2322, WHICH IS THE APPEAL OF THE BUILDING INSPECTOR THAT IS ADJOURNED TO OCTOBER 19TH, 2023 FOR ALL PURPOSES.
ALSO SUBJECT TO SUBJECT TO A STIPULATION WITH REGARD TO THE STOP WORK ORDER, THAT UM, THE ADDITIONAL ADDITION TO THAT STIPULATION IS THAT THERE WILL BE NO PROCESSING ON ANY DAYS THAT IS SUN MONDAY THROUGH SATURDAY.
THE PROPERTY IS NOT OPEN ON SUNDAYS, BUT THERE'LL BE NO PROCESSING DURING THOSE WORK DAYS PRIOR TO SEVEN 30 IN THE MORNING.
THE NEXT CASE IS CASE 2323 PRAVIN ALEC 89 MARION AVENUE.
AND THAT IS ADJOURNED FOR ALL PURPOSES TO OCTOBER 19TH.
ALSO THE NEXT CASE IS 2324 JOSEPH GUERRERO.
AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO C A COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
[02:55:01]
VOTES.AND DO WE HAVE A MOTION? YES WE DO.
MADAM CHAIR, I MOVE THAT THE APPLICATION IN CASE NUMBER 2324 BE GRANTED.
PROVIDED THAT ONE THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENT.
TWO CONSTRUCTION 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 AUGUST 14TH, 2023 SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY BE HEREINAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENT SHOWN ON THE PLAN SUBMITTED IN SUPPORT WITH THIS APPLICATION.
ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL BE, SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
FINDINGS WILL APPEAR ON THE TOWN WEBSITE IN THE NEXT FEW DAYS.
DO WE HAVE A SECOND ON THE MOTION? SECOND.
T H TARRYTOWN, L L C, ALSO KNOWN AS MARRIOTT.
AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET A CONSIDERATION.
AND DO WE HAVE A MOTION? UH, YES.
I MOVE THAT THE APPLICATION IN CASE NUMBER 2325 BE GRANTED PROVIDED THAT THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILES, SAME WITH THE BUILDING DEPARTMENT.
CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATE STAMPED RECEIVED AUGUST 14TH, 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 RE REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
THE VARIANCE BEING GRANTED IS FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.
ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES.
EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
FURTHER THE FOLLOWING CONDITIONS SHALL BE MET.
THE APPLICANT SHALL INSTALL A DIMMER ON THE SIGN TO ADJUST THE BRIGHTNESS OF THE SIGN.
AND AGAIN, THOSE FINDINGS WILL BE AVAILABLE BEFORE YOU GET TO THE LAST CASE.
ONE OF THE LAST CASES THERE WAS A MEMO FROM THE TOWN FORESTRY OFFICER SAYING THAT TREES THAT WERE BEING PROPOSED NOT PROVIDE.
I THOUGHT THAT WAS FOR, UM, THE ONE WHERE THEY ASKED FOR A UH, YES.
YEAH, IT WAS UM, FOR THE MULTIFAMILY YEAH.
YEAH, WE SHOULD THAT WE SHOULD ACTUALLY LET THEM KNOW THAT SO THEY HAVE IT NEXT TIME.
UM, CASE 2326 OF MARCIA KEYS WE HAVE WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
I MOVE THAT THE APPLICATION IN CASE NUMBER 2326 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE.
SAME WITH THE BUILDING DEPARTMENT.
CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL
[03:00:02]
REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATE STAMPED RECEIVED AUGUST 18TH, 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.
LASTLY, THE VARIANCE IS BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.
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.
FINDINGS WILL BE SUBMITTED WITHIN THE NEXT THREE DAYS.
I DO HAVE ONE QUESTION BEFORE WE GO OFF.
ON, UM, 2324 THERE WAS MENTION THAT THE APPLICANT WOULD, UM, NO, I'M SORRY, 23.
IS THAT THE ONE COME BACK WITH A BETTER PLAN? IS THAT 1 23? 23? YES.
JUST WANTED TO MAKE SURE, I GUESS ARE WE ADJOURNED? ADJOURNED CHAIR? THEY WERE GONNA MADAM CHAIR.
I THINK WE NEED TO PUT A CONDITION ON 2324 BECAUSE THE APPLICANT STATED THAT HE WOULD, UH, PROVIDE THE LANDSCAPING AND COMPLIANCE WITH UH, HIS NEIGHBOR.
THAT'LL BE, THAT WILL BE ON, BUT I THINK THAT'S A CONDITION.
'CAUSE IT'S NOT PART OF THE FINDINGS REALLY.
SO SO YOU JUST HAVE TO EDIT AS SO AS NUMBER FOUR.
I NEVER HAD TO, AND WITH THAT, I BELIEVE WE ARE ADJOURNED.
EVERYONE DID A GREAT JOB TONIGHT.
AND WE ACTUALLY GOT THROUGH IT.