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[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS AGENDA THURSDAY, October 19, 2023 – 7:00 P.M. ]
RIGHT.THIS IS THE TOWN OF GREENBERG ZONING, BOARD OF REPEALS, AND TODAY IS THURSDAY, OCTOBER 19TH.
AND WE HAVE TODAY SIX CASES THAT ARE ON THE AGENDA.
HOWEVER, SOME REQUESTS HAVE BEEN MADE BY 2314 AND 2321 AND 2322 WITH RESPECT TO ADJOURNMENTS.
WE WILL ADDRESS THAT BRIEFLY IN A MOMENT.
THE NEXT MEETING WE WILL HAVE IS SEPTEMBER, NOVEMBER THE 11TH, NO, NOVEMBER THE 16TH, 2023 AT 7:00 PM IF WE CANNOT FINISH EVERY CASE THAT WE HAVE ON OUR AGENDA THIS EVENING, WE WILL CONTINUE IT AT THAT TIME OR AT A TIME TO BE DESIGNATED.
ANYONE WHO WISHES TO SPEAK WITH RESPECT TO THESE PROCEEDINGS SHOULD COME UP TO THE MIC BECAUSE WE WISH TO HAVE ALL OF THE INFORMATION THAT YOU WANT TO IMPART TO US.
PLACED ON THE RECORD AND SPEAKING IN THE AUDIENCE DOES NOT HELP US ACCOMPLISH THAT, NOR DOES SPEAKING OVER OTHER INDIVIDUALS.
SO THEREFORE, AFTER WE FINISH LISTENING TO WHAT YOU WANT TO PRESENT THIS EVENING, WE WILL DELIBERATE AND WE DELIBERATE RIGHT AT THE BENCH IN FRONT OF US AT THE TABLE, I SHOULD SAY, IN FRONT OF US.
AND ONCE WE COMPLETE THOSE DELIBERATIONS, WE COME BACK AND, AND INFORM THE TOWN AS WELL AS WHOEVER IS PRESENT ON THE RECORD.
AT THAT TIME, WHEN WE ARE DELIBERATING, YOU'RE NOT ABLE TO SPEAK OR TO INTERRUPT US AT ALL.
SO THE FIRST CASE WE HAVE ON TONIGHT IS CASE 2314.
MAD MADAM CHAIR, IF WE COULD JUST DO ROLL CALL, PLEASE.
I KEEP FORGETTING THAT THIS YEAR.
SO WE ARE HERE
AND THAT APPLICANT HAS REQUESTED AN ADJOURNMENT TO DECEMBER 14TH MEETING.
IS THERE ANY OPPOSITION TO THAT THAT, DO YOU WISH TO HAVE THE APPLICANT HERE TO HEAR YOUR OBJECTIONS OR DO YOU WANT TO EXPRESS THEM THIS EVENING? SAME.
UH, MADAM CHAIR, THE APPLICANT'S REPRESENTATIVE IS ON THE ZOOM.
GO AHEAD, PLEASE MAKE SURE NOT TO REPEAT ANYTHING THAT WE HAVE HEARD ALREADY.
MY NAME IS DOREEN LIPSON, L I V SS O N.
I AM AN EXECUTIVE MEMBER OF THE COUNCIL OF GREENBERG CIVIC ASSOCIATIONS CHAIRPERSON BUNDY SMITH AND MEMBERS OF THE Z B A.
IN THE LETTER DATED OCTOBER 10TH, 2023, THE NEW ATTORNEY REPRESENTING HARTSDALE GREENHOUSES SEEKS AN ADJOURNMENT OF THIS APPLICATION FROM THE OCTOBER 19TH OF DECEMBER 14TH, Z B A MEETING AND POSSIBLY MANY ADDITIONAL ADJOURNS.
THE COUNCIL OF GREENBURG CIVIC ASSOCIATIONS URGES THE Z B A NOT TO GRANT THE REQUEST TO ADJOURN.
INSTEAD, THE C G C A ASKS THAT THE Z B A MEMBERS RENDER THE DECISIONS DENYING THE APPLICANT'S REQUEST TO OVERTURN THE BUILDING INSPECTOR'S INTERPRETATION AND TO GRANT A USE VARIANCE.
THIS APPLICATION HAS ALREADY BEEN ADJOURNED FOUR TIMES THIS YEAR, JUNE AND JULY, AT THE REQUEST OF THE Z B A FOR MORE INFORMATION.
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THE APPLICANT'S REQUEST, AND AGAIN, IN SEPTEMBER WHEN THE Z B A SOUGHT MORE INFORMATION, TWO TIMES WHEN THE Z B A SECRETARY SENT A WRITTEN LETTER SEEKING SPECIFIC INFORMATION, AUGUST 1ST AND SEPTEMBER 27TH, THE APPLICANT'S RESPONSE WAS TO REQUEST AN ADJOURNMENT.ACCORDING TO THE Z B A RULES, ONE ADJOURNMENT IS PERMITTED AND ADDITIONAL ONES CAN BE GRANTED FOR GOOD CAUSE.
NO GOOD CAUSE HAS BEEN DEMONSTRATED.
SEEKING A FIFTH ADJOURN TO HOLD ONE'S PLACE IN LINE, JUST IN CASE ONE IS NOT SUCCESSFUL BEFORE ANOTHER BOARD IS NOT A GOOD CAUSE.
THE OCTOBER 10TH ATTORNEY'S LETTER INCLUDED TWO VERY STRANGE COMMENTS.
THE LETTER STATES THAT QUOTE AT THE RECOMMENDATION UNQUOTE, OF THE Z B A, THAT A ZONING AMENDMENT IS BEING REQUESTED.
THE LETTER ALSO STATES THAT THE CHANGE IS QUOTE REGARDING THE EXISTING LEGAL NON-CONFORMING USE ON THE PREMISES.
IF THE APPLICANT HAS PROOF THAT THE EXISTING USE IS LEGAL NON-CONFORMING, WHY IS IT NECESSARY TO SEEK A ZONING AMENDMENT? IF THE Z B A VOTES TO GRANT THIS REQUEST FOR AN ADJOURNMENT, IT WOULD APPEAR THAT ONE, THE Z B A IS ACKNOWLEDGING THAT IT MET IN SECRET AND RECOMMENDED THAT APPLICANT SEEK AN AMENDMENT TO THE ZONING ORDINANCE FROM THE TOWN BOARD.
AND TWO, THE Z B A HAS ALREADY DECIDED THAT THE EXISTING HEAVY MANUFACTURING OPERATION OF IMPORTING LOGS FROM OFFSITE AND SPLITTING THEM INTO FIREWOOD OR GRINDING THEM INTO MULCH IS AND ALWAYS HAS BEEN A LEGAL USE.
IN FACT, THIS TYPE OF HEAVY COMMERCIAL USE IS NOT PERMITTED IN THE CURRENT ZONING ORDINANCE IN A RESIDENTIAL DISTRICT.
AND THE APPLICANT HAS SUBMITTED NO FACTS DE DEMO DOCUMENTATION OR EVEN PHOTOGRAPHS THAT THIS HEAVY MANUFACTURING PROCESS EVEN EXISTED ON SITE IN 1955 OR WAS PERMITTED OR WAS A PERMITTED USE UNDER A PREVIOUS ZONING ORDINANCE.
THE C G C A WAS FOUNDED 68 YEARS AGO IN 1955, AND PROOF OF THAT STATEMENT EXISTS IN TOWN FILES.
IF THE APPLICANT'S SITE HAS BEEN IN USE, HAS BEEN USED FOR 68 YEARS TO IMPORT LOGS AND MANUFACTURE THEM INTO FIREWOOD AND MULCH, WHY HAS NO DOCUMENT DOCUMENTATION BEEN SUBMITTED? THE Z B A MUST DECIDE THIS APPLICATION BASED ON ACTUAL FACTS.
THERE IS PROOF THAT THE APPLICANT'S GRANDFATHER PURCHASED THE 8.8899 ACRE PARCEL IN DECEMBER 55.
USE OF THE LAND AT THAT TIME WOULD'VE BEEN SUBJECT TO THE 1932 BUILDING ZONING ORDINANCE, WHICH DID NOT ALLOW MANUFACTURING FIREWOOD AND MULCH OR EVEN COMMERCIALLY ZONED PROPERTIES.
IN FACT, THE APPLICANT'S PARCEL COULD NOT BE USED AS A FARM, WHICH REQUIRED A MINIMUM LOT ZONE OF AT LEAST 10 ACRES.
THE 1957 ZONING ORDINANCE ADOPTED ON AUGUST 6TH, 1957, REDUCED THE MINIMUM LOT REQUIREMENT FOR A FARM TO HAVE FIVE ACRES.
EIGHT YEARS LATER IN 6 19 65, AN APPLICATION WAS SUBMITTED FOR GREENHOUSES ON THIS SITE.
IS THE APPLICANT SUGGESTING THESE GREENHOUSES WERE NOT USED FOR AGRICULTURAL PURPOSES? THE APPLICANT HAS PRODUCED NO FINANCIAL EVIDENCE NECESSARY TO OBTAIN A USE VARIANCE.
THE APPLICANT MERELY CLAIMS THAT BUSINESS CAN'T BE SUSTAINED WITHOUT WOOD AND MOLD SALES BECAUSE OF COMPETITION FROM BIG BOX STORES SELLING AGRICULTURAL PRODUCTS.
INTERESTINGLY, OTHER SMALL LOCAL BUSINESSES SELLING AGRICULTURAL PRODUCTS SUCH AS 10 ZILLOW'S ON CENTRAL AVENUE AND AND THE STORE BELONGING TO THE OWNER'S BROTHER ON WEST HARTSDALE AVENUE ARE STILL THRIVING BUSINESSES.
IT'S BEEN SUGGESTED THAT A GAZILLION HOUSES COULD BE BUILT ON THIS 12.5 ACRES IF THE PROPERTY WAS SOLD.
THAT STATEMENT WAS SUGGESTED TO SCARE THE NEIGHBORS.
THE FACT IS, APPROXIMATELY 35 HOMES COULD BE BUILT ON THE CURRENT ZONING OF R 30 AND R 10 OF THESE TWO LOTS IF SOLD, THE APPLICANT WOULD RECEIVE A SUBSTANTIAL RETURN.
AND EVEN IF ONLY FIVE HOUSES WERE BUILT, THE TOWN, THE COUNTY, THE FIRE DISTRICT, AND THE SCHOOL DISTRICT WOULD ALSO BENEFIT BECAUSE MORE TAX DOLLARS WOULD BE GENERATED THAN THE CURRENT, WHAT THE CURRENT OWNER IS PAYING.
THE C G C A RESPECTFULLY REQUESTS THAT THE Z B A RENDER DECISION TONIGHT DENYING THIS REQUEST FOR A FIFTH ADJOURNMENT.
PLEASE ALSO VOTE TO UPHOLD THE BUILDING INSPECTOR'S DECISION SINCE THE APPLICANT HAS FAILED TO RESPOND TO TWO WRITTEN ZBA A'S REQUESTS FOR FINANCIAL INFORMATION NECESSARY TO OBTAIN A USE VARIANCE.
THE Z B A IS PRECLUDED FROM EVEN
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CONSIDERING THIS REQUEST.PLEASE PROTECT OUR NEIGHBORHOOD.
PLEASE PROTECT OUR RESIDENTIAL NEIGHBORHOODS.
THANK YOU MADELINE KSHE, CHAIR OF THE C G C A.
CAROL WILKE SECO HOME CIVIC ASSOCIATION.
I THANK THE C G C A, OUR CONSTITUENT ORGANIZATION FOR COMING OUT SO STRONGLY ON BEHALF OF THE COMMUNITY.
UM, YOU ALREADY HAVE MY LETTER, UH, RE UH, REGARDING THE SECOND, UM, ADJOURNMENT IN YOUR FOLDER.
SO I'LL, I'M JUST GOING TO BRIEFLY SUMMARIZE, UH, UH, FOR THE RECORD, UM, WE UNDERSTAND THAT THE Z B A RULES OF PROCEDURE ALLOW FOR ONE ADJOURNMENT PER CASE BECAUSE OF INCONVENIENCE TO THE PUBLIC.
AND AS YOU CAN SEE, I KEEP BRINGING PEOPLE OUT AND, UM, THERE IS SOMETHING I DON'T UNDERSTAND IF I MIGHT INTERJECT SOMETHING, UH, AN APPLICANT REQUEST AN ADJOURNMENT AND THEN IT SEEMS THAT AN ADJOURNMENT IS ALREADY GIVEN BECAUSE THE APPLICANT IS NOT EVEN HERE.
ALTHOUGH I UNDERSTAND SOMEONE IS ON ZOOM.
SO DOES THE, HAS THE, HAS THE ADJOURNMENT BEEN GRANTED ALREADY AT THAT PARTICULAR PROCESS? I DON'T UNDERSTAND.
HAVE YOU HEARD US GRANT AN ADJOURNMENT? NO, BUT SO THEN NO, AN ADJOURN HAS NOT BEEN GRANTED.
UM, SO IF THE GERMAN HAS NOT BEEN GRANTED, THEN YOU'LL HEAR FROM THE REST OF THE COMMUNITY AND YOU'LL JUST GO ON HEARING THIS CASE TONIGHT OR ABOUT THE ADJOURNMENT.
OKAY, WELL I'M GOING TO TALK ABOUT THE ADJOURNMENT.
SO, AND ANY OF MY MEMBERS WOULD TALK ABOUT THE ADJOURNMENT AS WELL.
UM, IN ANY EVENT, WE BELIEVE, UH, SO, UH, THE, YOU CAN HAVE, UH, OBVIOUSLY AS YOU KNOW, YOU CAN HAVE ADDITIONAL ADJOURNMENTS BASED ON THE, UH, THE, UH, WILL OF THE BOARD, THE MAJORITY OF THE BOARD, UM, FOR GOOD CAUSE LIKE THE C G C A, WE DON'T THINK THIS IS GOOD CAUSE IT HAS BEEN SIX MONTHS NOW SINCE THE APPLICANT'S SUBMISSION OVER THE COURSE OF FOUR HEARINGS NOW.
AND THE BOARD HAS RECEIVED SUBSTANTIVE TESTIMONY AND DOCUMENTATION FROM THE SE HOME CIVIC ASSOCIATION FROM, UM, THE C G C A FROM YOUR OWN BUILDING INSPECTOR, WHO I BELIEVE HAS ALREADY, UM, SENT THE BOARD FOR, UM, BUILDING INSPECTOR MEMORANDUM.
WE BELIEVE THAT THE COMMUNITY AND THE BUILDING INSPECTOR HAVE DEMONSTRATED THAT THE APPLICANT'S FAILURE TO MEET ANY OF THE FOUR TOWN CODE COMPREHENSIVE CODE STATE CODE MANDATES TO OBTAIN A USE VARIANCE HAS BEEN DEMONSTRATED.
WE THINK YOU HAVE SUFFICIENT INFORMATION IN THE RECORD, AND IN FACT, THE APPLICANT HAS IGNORED THE CBAS LATEST REQUEST FOR BASIC INFORMATION ON FINANCE AND ANY OTHER DATA YOU NEED TO RENDER A DECISION ACCORDINGLY WITH THE APPLICANT'S REQUEST TO GO BEFORE THE TOWN BOARD, AS IS THEIR RIGHT, THEY HAVE CONCEDED THAT THEY INDEED DO NOT MEET THE REQUIREMENTS FOR OR FOR A USE VARIANCE OR CAN REASONABLY DISAGREE WITH THE BUILDING INSPECTOR'S INTERPRETATION OF THE ZONING BOARD.
WE TRUST THAT THE ZONING BOARD WILL RESPECT THE COMMUNITY'S PATIENTS AND ATTENDANCE OVER THESE MANY ADJOURNS, NONE OF WHICH THE COMMUNITY HAS SOUGHT.
WE ALSO NOTE THAT ANY ACTION THE APPLICANT SEEKS BEFORE THE TOWN BOARD IS ENTIRELY INDEPENDENT OF THE C B A PROCESS.
THE C B A PROCESS IS A QUASI-JUDICIAL JUDICIAL PROCEEDING WHERE EACH SIDE MAY APPEAL A Z B A DETERMINATION OR DECISION TO THE NEW YORK STATE SUPREME COURT IN A, WHAT THEY CALL AN ARTICLE 78, UH, HEARING.
AND THE APPLICANT'S ATTEMPT TO IMPEDE OR HINDER THAT PROCESS SHOULD NOT BE PERMITTED.
SUCH DELAY IS MEANT TO AND UNDERMINES THE COMMUNITY'S RIGHTFUL OPPORTUNITY FOR, UM, TIMELY LEGAL REDRESS.
THEREFORE, THE SECO HOME CIVIC CIVIC ASSOCIATION BELIEVES THE COMMUNITY IS DUE ITS DECISION TONIGHT.
THE RECORD IS SUBSTANTIAL AND RELEVANT TO THE APPLICANT'S OTHER FAILURE TO PROVIDE
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FACTUAL HISTORICAL FINANCIAL DATA REQUIRED FOR USE VARIANCE OR FOR ANY REINTERPRETATION OF THE BUILDING INSPECTOR'S, UM, UH, DECISION ON THIS APPLICATION AND THE APPLICANT'S CONTINUED INSISTENCE THAT ITS BUSINESS IS A PERMITTED USE OR A PRE-EXISTING NON-CONFORMING USE IS OVERCOME BY ENORMOUS EVIDENCE.ACCORDINGLY, SE HOLMES OPPOSES THE SECOND REQUEST FOR ADJOURN.
WE, WE REQUEST A C B S DECISION ON THIS CASE BASED ON THE EXTENSIVE RECORD, WHICH IS NOW BEFORE THE BOARD.
AND FINALLY, BASED ON SOME OF THE THINGS THAT I'VE HEARD, ANY ATTEMPT TO REOPEN THIS BUSINESS WITHOUT AN ACTUAL Z B A DETERMINATION OR
AND IF THE C B A ALLOWS THAT, IT WILL COMPLETELY UNDERMINE COMMUNITY CONFIDENCE IN THE INTEGRITY AND THE WORKINGS OF THIS BOARD.
AND I DON'T WANT THAT TO HAPPEN.
I MAY JUST FOR THE RECORD, UM, AS NOTED BY, UM, UH, PRIOR, UH, FOLKS ON THE, ON THE SCREEN, UH, MY NAME IS TAYLOR PALMER.
I'M A PARTNER WITH THE LAW FIRM OF CUTTING AND FADER.
WE'RE PLEASED TO MAKE AT LEAST A, A BRIEF, UM, PRESENTATION REGARDING THIS REQUEST.
OR IF YOU'D LIKE, WE'D WAIT UNTIL THE, THE CHAIR SEES FIT, UH, FOR MEMBERS OF THE PUBLIC.
BUT I DO HAVE A VERY BRIEF PRESENTATION IF YOU'D LIKE US TO PRESENT.
SAME WITH RESPECT TO THE ADJOURNMENT? YES, MA'AM.
I KNOW THAT THERE WAS OTHER INDIVIDUALS WHO WANTED TO BE HEARD ON THAT ISSUE.
NO, I JUST WANTED TO PRESENT SPECIFICALLY ON, ON THAT COMPONENT.
WELL, LET ME SEE WHO ELSE IS HERE THAT WISH TO ADDRESS THE ADJOURNMENT.
THAT'S WHY MAY I ASK JUST ADVISING, WE'RE HERE.
MAY I ASK A POINT OF INFORMATION? YOU COME ON TO MIC.
I I, I I ASSUME IT'S THE DISCRETION OF THE BOARD, BUT NORMALLY DOESN'T THE APPLICANT MAKE THEIR PRESENTATION AND THEN THE COMMUNITY GETS UP AFTER THAT? THIS IS IN REVERSE.
WELL, AS I INDICATED TO YOU, WHEN I, WHEN WE OPENED, I SAID THAT THEY HAD REQUESTED MORNING AND ADJOURNMENT.
SO THEREFORE THEY USUALLY SPEAK FIRST THOUGH.
I I THINK I SHOULD HAVE, UM, BEEN MORE PROACTIVE TO LET YOU KNOW THAT THEY WERE PRESENT ON THE ZOOM.
I DON'T THINK YOU HAD THAT INFORMATION.
SO IT'S UP TO THE BOARD WHETHER NO, YEAH, GO AHEAD.
BECAUSE IF THIS WAY GIVES THE COMMUNITY AN OPPORTUNITY TO RESPOND TO WHATEVER THE, THE, UM, APPLICANT IS SAYING ANYWAY, JUST WANTED THAT POINT.
IT WOULD BE, IT WOULD BE VERY BRIEF.
SO WE'RE PLEASED TO, TO, TO SPEAK NOW, UH, CHAIR, OR WE'LL WAIT UNTIL THE PUBLIC VOTE.
DO YOU WISH TO ALLOW HIM TO SPEAK FIRST OR WOULD YOU LIKE TO GO FIRST? HE CAN CERTAINLY SPEAK FIRST.
CHAIR MEMBERS OF THE BOARD AGAIN FOR THE RECORD.
I'M A PARTNER WITH THE LAW FIRM OF CU AND FADER.
I'M THE BEHALF THE APPLICANT, FOUR 50 C COURT ROAD, UH, MY PARTNER, OCHI KIKI, WHO'S, UM, UH, REGULARLY REPRESENTING THE MATTERS ON VACATION.
SO THANK YOU FOR YOUR TIME THIS EVENING.
UH, TONIGHT WE ARE JOINED BY THE APPLICANTS AND THE OWNERS, CAROL AND TONY AVILA, WHO ARE ALSO ON THE ZOOM WITH US.
UM, AS YOU KNOW, UH, WE DID SUBMIT AS, AS MENTIONED BY SOME, UH, MEMBERS OF THE AUDIENCE THIS EVENING, A LETTER DATED OCTOBER 10TH, WHICH WAS TIMELY SUBMITTED FOR THE REQUEST FOR ADJOURNMENT, WHICH I UNDERSTAND IS ALSO POSTED ON THE AGENDA, UH, FOR THIS EVENING.
WE UNDERSTAND THAT LETTER, UM, UH, WAS RECEIVED BY THE BOARD, BY THE SEEKER HOME CIVIC ASSOCIATION.
THAT LETTER WAS DATED JUST A COUPLE DAYS AGO, UH, FROM OCTOBER 16TH.
AND THAT'S REGARDING OUR, UH, ADJOURNMENT P IN PART.
SO WHILE THE FIRST PART OF OUR ADJOURNMENT REQUEST DID RELATE, UM, TWO COMMENTS FROM THE BOARD AND BOARD'S COUNSEL IN SUPPORT OF OUR REQUEST TO SEEK AN ADJOURNMENT, UH, TO ALLOW US TO PURSUE, UH, THAT RELIEF, WE ARE ALSO SEEKING ADDITIONAL TIME NOW TO RESPOND TO THAT, UH, MOST RECENTLY SUBMITTED LETTER, UH, FROM THE
SO AS WE DETAILED IN OUR, UH, RESPONSES TO COMMENTS THAT WE JUST, UH, SUBMITTED THIS EVENING, UM, WE JUST, WE SUBMITTED A LENGTHY, UM, UH, BIT OF INFORMATION RESPONDING TO THE COMMENTS FROM THE BOARD, UM, TO THE PUBLIC AND OTHERS.
SO WE DID PUT IN A DETAILED SUBMISSION THIS EVENING.
UM, WHICH MATERIALS WE LOOK FORWARD TO DISCUSSING WITH ALL YOU ALL AT THE DECEMBER MEETING AS, AS WE'VE REQUESTED.
UM, WE WOULD NOTE, UH, THAT THE APPLICANTS ARE ALREADY IN CONTACT WITH THE TOWN OF GREENBURG TOWN STAFF REGARDING THE FORTHCOMING ZONING PETITION SUBMISSION.
SO, UM, THAT, THAT PROCESS WILL BE INITIATED NEXT WEEK, AND WE'RE MEETING WITH TOWN STAFF ON THAT.
IN LIGHT OF THOSE DISCUSSIONS, UH, WITH YOUR BOARD AND TOWN STAFF, UH, WE RESPECTFULLY REITERATE TO ADJOURN THE MATTER TO, UH, THE BOARD'S DECEMBER 14TH MEETING.
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THANK YOU VERY MUCH FOR YOUR CONSIDERATION.I LIVE AT 10 JENNIFER LANE, HARTSDALE, NEW YORK.
I AM ON THE STREET THAT IS ADJACENT TO FOUR 50 CCO ROAD.
AND I AM AGAINST THE FACT THAT WE HAVE AN ADJOURNMENT AT THIS POINT AND THAT WE MAKE A DETERMINATION AS TO WHAT'S GOING ON.
ON OCTOBER 7TH, I SENT A LETTER TO THE ZONING BOARD OUTLYING SUMMING SOME OF THE ISSUES THAT WOULD BE BROUGHT ABOUT CHANGING THAT PROPERTY TO INDUSTRIAL AND THE RISKS THAT WOULD BE ASSOCIATED WITH IT.
AND I FEEL AT THIS POINT IN TIME THAT A DETERMINATION NEEDS TO BE MADE FOR THOSE OF US WHO HAVE TO LIVE THERE AS TO WHAT OUR FUTURE IS GOING TO HOLD WITH RESPECT TO ITEMS SUCH AS TRAFFIC AND THE DISRUPTION OF OUR LIFESTYLES, AND ALSO PRO MOST LIKELY THE DEVALUATION OF OUR PROPERTIES.
WE HAVE TO KNOW WHAT OUR FUTURE HOLDS TOO.
ANYONE ELSE? JUST TO CLARIFY FOR THE, UM, BOARD AND THE, THE RECORD AND THOSE IN ATTENDANCE, UM, THERE WAS A LETTER THAT CAME ACROSS VIA EMAIL AND, UM, KIRA WHO ARRIVED AT SIX 30 RECEIVED THAT AND, UM, PRINTED OUT COPIES FOR THE BOARD.
SO ARE YOU SAYING THEN THAT, UH, THAT HAS NOT BEEN DISTRIBUTED OR AVAILABLE TO THE AUDIENCE THAT'S HERE THIS EVENING? YEAH, WE, WE SIMPLY DID NOT HAVE TIME.
UM, WE'LL GET IT UP ON THE WEB, BUT YOU KNOW, I HAVE A COPY HERE IF SOMEONE WANTS TO SEE IT.
UM, I, I'LL I CAN BRING IT TO YOU.
I LIVE AT THREE BARBARA LANE HARTSDALE RIGHT UP THE STREET FROM, UM, THE PROPERTY THAT WE'RE DISCUSSING TONIGHT.
UM, I'VE SPOKEN BEFORE ABOUT THE HEALTH ISSUES REGARDING THE, UM, INDU INDUSTRIAL LOCATION ON THIS PROPERTY AND WHAT THEY WILL BE DOING WITH THE, UH, LOGS AND THE SMOKE THAT WE'VE EXPERIENCED IN THE NEIGHBORHOOD.
I HAVE RESPIRATORY PROBLEMS, I'VE HAD LUNG CANCER.
NOT SAYING THAT IT, THAT'S WHAT IT CAUSED, BUT, UM, A LOT OF PEOPLE IN THIS NEIGHBORHOOD WILL BE AFFECTED RESPIRATORY IN THE RESPIRATORY, UH, IN RESPIRATORY WAY.
UM, I AM OPPOSED TO THIS, TO THIS ADJOURNMENT, AND I AM ASKING RESPECTFULLY THAT YOU DECIDE TONIGHT ON THIS, MAKE A DECISION TONIGHT ON THIS IMPORTANT MATTER.
ANYONE ELSE? MS. WILKES, I WILL ALLOW YOU IF, IF YOU, IF YOU WISH TO HAVE TIME WHEN WE GO THROUGH THE REST OF THE AGENDA TO READ OVER THE LETTER, IF THAT'S WHAT YOU DESIRE TO DO, AS LONG AS, UM, SO LEMME JUST ASK, UM, THINGS SEEM TO BE FUNCTIONING DIFFERENT TODAY, SO, UM, I'M JUST ASKING YOU TO YEAH, I APPRECIATE THAT.
I, THAT'S AFTER THE, WERE HERE ALL THE APP, RIGHT? I MEAN, I, I WANNA GIVE THIS A GOOD READ.
IF I HAVE ANYTHING IN PARTICULAR THAT'S, YOU KNOW, STANDS OUT, I CERTAINLY WILL COME UP AND I, I APPRECIATE THAT OPPORTUNITY.
BUT, YOU KNOW, YOU PUT SOMETHING IN, YOU KNOW, EVEN THE BOARD HASN'T HAD A CHANCE.
UM, BUT IF I HAVE ANYTHING TO SAY, I WILL THANK YOU VERY MUCH FOR, ALRIGHT.
AND THE NEXT CASE ON OUR AGENDA IS CASE 2320 DEO RODRIGUEZ FLOOR, SOSA HEART HILLS HOSPITAL.
MADAM CHAIR, MEMBERS OF THE BOARD.
DAVID STEIN METZ FROM THE LAW FIRM OF ZARIN AND STEIN METZ.
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IF YOU'RE NOT, I WAS GOING TO SAY, IF YOU'RE NOT INTERESTED IN LISTENING TO WHAT IS BEING SAID ABOUT THIS APPLICATION, I WOULD PREFER FOR YOU TO TAKE THE GROUP OUTSIDE AND YOU CAN SPEAK AND DISCUSS THINGS AS YOU WISH.SO, IF YOU WISH TO DO THAT, I WOULD SUGGEST DO IT NOW.
SO WE DON'T HAVE ANY FURTHER DISRUPTIONS.
THANK YOU FOR THE COURTESY OF THAT.
DAVID STEIN METZ FROM THE LAW FIRM OF ZIN AND STEINMETZ HERE THIS EVENING, REPRESENTING HARTHILL HOSPITALITY.
GOOD TO BE BACK BEFORE YOUR BOARD.
I AM JOINED THIS EVENING BY MY CLIENTS DEO, ENRIQUEZ AND FLORA.
SO SITTING HERE IN THE FRONT ROW, UM, ON SCREEN WITH US, I BELIEVE WE HAVE OUR ENTIRE TEAM, FRANK, FRANK SPIRO, OUR PROJECT ARCHITECT, PETE CATONE, UM, OUR PROJECT ENGINEER, SAM THOMPSON, UM, OUR LANDSCAPE ARCHITECT, AND MY COLLEAGUE BRIAN SBA, WHO HAS APPEARED BEFORE YOU PREVIOUSLY ON THIS AS WELL.
I'M GONNA TRY TO BE BRIEF 'CAUSE WE'VE GONE THROUGH THIS A FEW TIMES.
UH, THOUGH WE HAD A FEW THINGS THAT WE WERE ASKED TO ADDRESS.
WE ARE HERE IN CONNECTION WITH MY CLIENT'S PROPOSED EIGHT UNIT MULTI-FAMILY RESIDENTIAL APARTMENT, UH, PROJECT.
UM, I WOULD STATE THAT HART HILLS IS AN M W B E THAT IS VERY PROUD TO, UH, BE ATTEMPTING TO REDEVELOP THE SITE THAT THEY CURRENTLY, UM, RESIDE ON.
UH, WE HAVE FILED THIS APPLICATION, WE HAVE PROCESSED THIS BEFORE YOUR PLANNING BOARD.
UM, AS A RESULT OF THE, UH, DISCUSSIONS WITH THE PLANNING BOARD, WE ARE IN NEED OF FIVE AREA VARIANCES, A MINIMUM LOT AREA VARIANCE, A MAXIMUM PRINCIPLE BUILDING COVERAGE VARIANCE, A MINIMUM REAR REAR YARD SETBACK VARIANCE, A DISTANCE TO OFF STREET PARKING AND A LOADING BIRTH DIMENSION.
MANY OF THESE VARIANCES, MADAM CHAIR, MEMBERS OF THE BOARD WERE OCCASIONED BY DECISIONS AND DISCUSSIONS THAT TOOK PLACE IN FRONT OF THE PLANNING BOARD WHERE WE MADE SOME ADJUSTMENTS TO THE DESIGN AND THE ORIENTATION OF THIS PROPOSED BUILDING ON THE PROPERTY.
UM, I'M PLEASED TO, UM, STATE FOR THE RECORD, AS YOU ALL I THINK WELL KNOW.
THE PLANNING BOARD DETERMINED THAT IT WOULD SERVE AS LEAD AGENCY PURSUANT TO THE NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT.
CCRA, THEY PROVIDED NOTICE TO YOU AS AN INVOLVED AGENCY AND THE SECRET PROCESS WAS CONDUCTED AND COMPLETED IN FRONT OF THE PLANNING BOARD.
UH, I KNOW WE HAVE RECEIVED SOME COMMENTS FROM NEIGHBORS, UM, AND I WANNA STATE FOR THE RECORD THAT THE ISSUES OF PARKING, TRAFFIC, NOISE, SEWAGE, STORM WATER, LIGHTING, A D A COMPLIANCE, ALL OF THOSE ISSUES WERE STUDIED BY THE PLANNING BOARD AS LEAD AGENCY PURSUANT TO CCRA, WE SUBMITTED A LONG ENVIRONMENTAL ASSESSMENT FORM A TRAFFIC REPORT, A STORMWATER REPORT, VISUAL ANALYSIS.
ALL OF THOSE THINGS WERE REVIEWED CAREFULLY BY THE PLANNING BOARD AS LEAD AGENCY ON THE AUGUST 16TH.
AFTER SEVERAL MONTHS OF DISCUSSION IN FRONT OF AND DELIBERATIONS BY THE PLANNING BOARD, AS LEAD AGENCY ISSUED A NEGATIVE DECLARATION PURSUANT TO CCRA FINDING NO SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS, IN ADDITION, AND WE WERE QUITE PLEASED WITH THIS, THE PLANNING BOARD ISSUED A POSITIVE RECOMMENDATION IN FAVOR OF THE VARIANCES THAT WE ARE HERE TO ADDRESS.
THE VARIANCES ARE TECHNICAL BUT REQUIRED.
THEY'RE MINOR IN NATURE AND AS I SAID, MANY OF THEM WERE AS A RESULT OF SPINNING THE BUILDING AT THE REQUEST OF THE PLANNING BOARD, PUTTING THE PARKING UNDERNEATH THE BUILDING, THEREFORE MAKING IT CLOSE TO THE BUILDING IN TERMS OF, UH, THE MINIMUM SETBACK OR DISTANCE BETWEEN PARKING AND THE STRUCTURE.
THEY ASKED US TO PUT THE PARKING UNDER THE STRUCTURE.
UM, WE'VE RECEIVED SOME QUESTIONS ABOUT, UM, UH, THAT THIS STU WE'VE RECEIVED SOME COMMENTS.
UM, AND I'M SPECIFICALLY REFERRING TO THE COMMUNICATIONS THAT KEIRA HAS BEEN KIND ENOUGH TO MAKE SURE WE SEE.
I KNOW SOME OF OUR NEIGHBORS ARE HERE.
MS. LABORS, WHO IS ONE OF OUR NEIGHBORS, HAS SUBMITTED A FEW DIFFERENT, UM, PIECES OF CORRESPONDENCE.
UM, CONCERNS ABOUT, UM, NOT BEING WITHIN THE SETBACKS, UH, OF THE TOWN OF GREENBURG AND POTENTIALLY LIABLE FOR ANY DAMAGE TO PROPERTY CAUSED BY THE CONSTRUCTION.
I'M SIMPLY GONNA STATE FOR THE RECORD, MY CLIENT IS REQUIRED TO, AS YOU ALL KNOW, TO ABIDE BY ALL LOCAL CODES.
UM, ALL BUILDING REQUIREMENTS AND ANY ISSUE THAT THEY'VE GOT WITH, WITH REGARD TO CONSTRUCTION ARE MATTERS OF CIVIL LI LIABILITY BETWEEN NEIGHBORING PROPERTY OWNERS, JURISDICTIONALLY, THEY'RE NOT BEFORE YOUR BOARD.
UM, NEXT, UH, QUESTION ABOUT A PROPOSED DRIVEWAY BEING NEXT TO A PROPERTY LINE.
UM, THAT'S BEEN STUDIED BY THE PLANNING BOARD.
DRIVEWAYS ARE ALLOWED TO BE PROXIMATE TO PROPERTY LINES.
UM, WE UNDERSTAND, UM, IT'S A LAWFUL DRIVEWAY.
UM, AND AGAIN, IT'S ALREADY BEEN STUDIED UNDER CCRA,
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UH, CONCERNS ABOUT, UH, RODENTS, ODORS, AESTHETICS.WE UNDERSTAND THAT WE FULLY AGREE, WE HOPE ALL OF OUR NEIGHBORS WILL ABIDE BY, UH, THE REQUIRED RULES OF, UH, PROPERTY MAINTENANCE SO THAT THERE ARE NO RODENTS AND OTHER, UM, OTHER VERMIN IN THE AREA.
SO WE COMPLETELY AGREE WITH THAT.
UM, AND AS TO A NOTION OF A, UH, OF SPECIAL DISPENSATION, UM, THIS IS THE TOWN OF GREENBURG.
THERE'S NO SPECIAL DISPENSATION.
YOU GO THROUGH THE PROCESS, YOU GO THROUGH THE PROCESS, UM, RATHER THOROUGHLY.
UM, THIS HAS NOT BEEN A WALK IN THE PARK FOR MY CLIENTS, UM, BUT IT IS A PROJECT THAT WE ARE ALL AS A TEAM, EXTREMELY PROUD OF.
UM, I DON'T GET THAT MANY PROJECTS WHERE I GET THE PLANNING BOARD TO GO THROUGH THE PROCESS AND GIVE THE ENDORSEMENT AND GIVE THE POSITIVE RECOMMENDATION THAT WE GOT.
UM, THIS IS A PROJECT THAT THE TOWN OF GREENBURG SHOULD BE, AND I WAS PLEASED THAT THE PLANNING BOARD WAS PROUD OF.
WE LOOK FORWARD TO A PROJECT THAT WILL GO FORWARD, WILL BE BUILT TIMELY AND CAREFULLY.
AND MY CLIENTS FULLY INTEND TO NOT ONLY BE DEVELOPERS, BUT TO BE OWNERS OF THIS PROJECT, UM, AS BEST AND FORESEE IN THE FORESEEABLE FUTURE.
WE'RE HAPPY TO ANSWER QUESTIONS THAT YOUR BOARD HAS.
WE'RE HAPPY TO LISTEN TO ANY COMMENTS OF, OF THE PUBLIC, BUT I THINK IT'S CRITICAL, UM, MADAM CHAIR, THAT THE, THAT YOUR BOARD ACKNOWLEDGED AND THAT THE PUBLIC BE MINDFUL OF THE FACT THAT THIS IS THE END OF A PROCESS THAT'S ALREADY BEEN THROUGH EMPIRICAL DATA AND STUDY.
SO GENERALIZED COMMENTS OF COMMUNITY CONCERN CAN BE MADE FOR THE RECORD, BUT THEY'RE GENERALIZED COMMUNITY OPPOSITION AND I WOULD SUGGEST THEY ARE NOT, UH, VALUABLE IN TERMS OF DATA AND, AND CONVINCING ARGUMENTS ON OUR VARIANCES IN SOME WE SUBMITTED FOR THE VARIANCES.
WE BELIEVE THE BENEFIT TO THE APPLICANT SIGNIFICANTLY OUTWEIGHS ANY DETRIMENT TO THE SURROUNDING COMMUNITY.
WE PROVIDED YOU WITH, UM, A RATHER EXTENSIVE LETTER GOING THROUGH THE FIVE FACTORS.
WE CAN TALK ABOUT THAT AGAIN IF YOU WISH WE DID THAT PREVIOUSLY.
UH, ONE OTHER THING, AND FRANK, UH, FRANK OR PETE WILL CORRECT ME IF I'M WRONG, WE GOT A REQUEST, OR SAM ACTUALLY MAY CORRECT ME IF I'M WRONG.
WE GOT A REQUEST TO MODIFY SOME OF THE TREES AND LANDSCAPING ASSOCIATED WITH THE PROJECT AT THE REAR OF THE PROJECT.
UM, SOMEBODY'S SCROLLING AND THANK YOU FRANK.
UM, IF SOMEBODY WOULD JUST FOR THE RECORD, REMIND ME, WE WENT WITH FURS OR SOMETHING.
CAN SOMEBODY STATE THE MODIFICATION IN THE HORTICULTURAL SELECTION? YEAH.
SO THE THREE, UH, EVERGREENS THAT ARE ON THE REAR OF THE PROPERTY WERE PROPOSED TO BE FIRST AND AFTER THE TOWN COMMISSIONER'S COMMENT ABOUT DEER, THOSE WERE CHANGED TO COLORADO BLUE SPRUCES.
AND ALONG WITH, SORRY, EXCUSE ME, BUT TO WHO WAS SPEAKING? UH, SORRY.
THIS IS SAM FROM IQ, LANDSCAPE ARCHITECTS LAST NAME? SAM.
UH, WE COULD MAKE A LOT OF JOKE, SAM.
WE CAN MAKE A LOT OF JOKES IF YOU'RE JUST GONNA STOP WITH SAM.
SAM, I AM, YOU KNOW, LIKE THAT
I APOLOGIZE THAT SAM JUST ASSUMES WE ALL KNOW WHO HE'S GO AHEAD, SAM.
UH, SO THE FS WERE CHANGED TO COLORADO BLUE SPRUCES AND JUNCTION WITH THE TREES ON THE NEIGHBOR PROPERTY, HELPS SCREEN THE REAR OF THE BUILDING.
AND THE SOUTHERN PROPERTY WAS FURTHER SCREENED WITH ADDITIONAL ARBOR OF IVY.
SO, UH, SORRY, THAT INCORRECT.
THEY ARE JUNIPERS, JUNIPERS, SAM, FRANK, PETE, ARE THERE ANY OTHER CHANGES OR MODIFICATIONS THAT HAVE BEEN MADE TO THE PLANS BY ANY OF YOUR RESPECTIVE OFFICES IN, IN WITH REGARD TO COMMENTS THAT YOU RECEIVED FROM THE BOARD, UH, FROM STAFF, ET CETERA? IS THERE ANYTHING ELSE THAT NEEDS TO BE STATED? FOR THE RECORD, UH, THIS IS PETER CATONE.
THERE WERE NO ADDITIONAL CHANGES FROM OUR OFFICE.
THIS IS FRANK RO FROM GA WHEELER DESIGN STUDIO.
UM, THERE WERE NO CHANGES TO THE PROJECT FROM OUR OFFICE EITHER.
GREAT MADAM CHAIR, UH, IF YOU OR ANY MEMBERS OF THE BOARD HAVE ANY QUESTIONS BEFORE I, UH, SIT DOWN, I'M, WE'RE HAPPY TO SEE IF WE CAN FIELD THEM.
I THINK THERE WAS ONE MORE CHANGE AT OUR REQUEST, WHICH WAS THE PUTTING THE HEDGE ALL THE WAY DOWN ON THE, ON THE, THE SIDE OF THE PROPERTY.
AND YOU GUYS DID THAT JUST FOR THE RECORD, CORRECT? THEY, THEY WERE OUR BIRTHS THAT WERE EXTENDED AND CHANGED TO JUNIPER.
THANK YOU FOR CLARIFYING THAT.
ANY OTHER QUESTIONS OR ANYTHING ELSE, UH, MEMBERS OF THE BOARD, UH, THAT WE CAN ADDRESS? APPARENTLY NOT.
ANYONE IN THE AUDIENCE THAT WISHES TO ADDRESS THIS? COME UP PLEASE.
[00:35:08]
GOOD EVENING.I'M A RESIDENT ON NORTH WASHINGTON AVENUE, NUMBER 22.
I HAVE BEEN A RESIDENT THERE FOR ABOUT 35 YEARS OR MORE.
AND, UH, I AM REALLY VERY, VERY CONCERNED ABOUT THIS PLAN.
I KNOW WE'RE NOT REPRESENTED VERY FEW NEIGHBORS THERE.
MOST OF THE BUILDINGS THERE ARE CONDOS, OWNER OWNED CONDOMINIUMS AND CO-OPS.
UM, AND THE REST OF US ARE JUST REGULAR HOMEOWNERS.
AND OF COURSE SOME OF THE HOMEOWNERS, THE CONDOS, MAYBE THEY'RE NOT AFFECTED, BUT THE HOMEOWNERS WHO ARE DIRECTLY NEIGHBORS OF THIS PROPOSED PROJECT, I AM PARTICULARLY CONCERNED.
I ONLY GOT THE NOTICE, I GUESS, WHEN ALL OF THESE WERE ALREADY SET.
AND, UH, YOU KNOW, HAVING HIRED PROBABLY THEIR LAWYERS AND THE BEST ARCHITECTS AND LANDSCAPERS AND ALL THAT, WE'RE JUST THE RESIDENTS THERE CONCERNED ABOUT OUR INVESTMENTS.
AND WE'VE LIVED IN THAT STREET FOR SO LONG, RAISED MY SON THERE FOR ALL THESE YEARS, YOU KNOW, SO I'M CONCERNED ABOUT HAVING A RENTAL UNIT OF EIGHT APARTMENTS RENTALS, FOUR OF WHICH ARE, UH, THREE BEDROOMS. TWO OF TWO BEDROOMS. AND BY MY ESTIMATION, THERE WOULD BE AN AVERAGE OF ABOUT, LET'S SAY 28 TO 36 RESIDENTS IN THAT PARTICULAR BUILDING BASED ON THE NUMBER OF APARTMENTS THAT THEY'RE, THEY'RE PROPOSING.
AND THAT'S A LOT OF CARS THAT THEY ARE ALSO PROPOSING FOR THE, THE GARAGE SPACES THEY PROPOSE IS ABOUT 18 PLUS, I GUESS TWO OUTDOORS.
THAT'S A LOT OF CARS IN AND OUT OF A VERY NARROW STREET.
I DON'T KNOW IF YOU HAVE SEEN THE STREET OF I KNOW, I'M, I THINK I, I HEARD FROM THE PREVIOUS MEETING THAT SOME OF THE BOARD MEMBERS HAS BEEN TO THE SITE.
UM, EVEN DURING COVID WE'VE HAD A LOT OF OF KIDS GOING UP AND DOWN THE STREET RACING.
SO IT'S A, IT'S A PARTICULAR STREET WHERE PEOPLE ALSO DO A SHORTCUT TO, TO, UM, YOU KNOW, BECAUSE THERE'S TRAFFIC ON CENTRAL AVENUE AND DO THEY DO A SHORTCUT ON NORTH WASHINGTON TO GO TO WEST HARTSDALE AVENUE? SO, AND ALSO THE RESIDENTS, THEY ALSO CUT THROUGH THERE FOR THE RESIDENTS WHO LIVE ON NORTH WASHINGTON.
UH, THE CO-OPS THERE, THE PUBLIC HOUSING THAT'S THERE, INCLUDING THE CONDOS.
UM, THERE IS A CONDO RIGHT IN FRONT OF MY HOUSE, WHICH IS THE SCHOOLHOUSE CONDO.
AND THAT CONDO HAS A LOT OF RESIDENCE.
THESE ARE ALL OWNER OWNED OBVIOUSLY, AND MOST OF THE OWNERS THERE, SOME OF THEM I KNOW QUITE WELL AND THEY'VE LIVED THERE AND WE WERE VERY CONCERNED ABOUT THEIR PROPERTIES.
BUT THEY ONLY HAVE EIGHT PARKING SPACES ON NORTH WASHINGTON.
THIS PROPOSED EIGHT UNIT BUILDING IS PROPOSED.
IT HAS ABOUT 18 TO 20 PARKING SPACES.
THAT'S A LOT OF CARS GOING IN AND OUT OF THAT PROPERTY, AND IT'S GOING TO REALLY IMPACT.
I KNOW THAT THEIR ATTORNEY HAS JUST SAID THAT THERE WAS A STUDY THAT WAS MADE THAT IS NOT GONNA IMPACT THE PROP, THE, THE TRAFFIC SITUATION THERE.
WELL, THE ROAD HAS BEEN NARROWED BECAUSE THEY'VE BUILT THE, UH, SIDEWALK.
SO, AND IF YOU HAVE TO GO IN AND OUT OF A DRIVEWAY, YOU NEED A, A CURVE, ACTUALLY A, A SPACE IN ORDER FOR YOU TO GET IN TO THE, TO THE, UH, DRIVEWAY.
SO THAT TAKES UP PRACTICALLY THE WHOLE STREET.
AND IT'S ONLY A TWO-WAY STREET.
IN ADDITION, FROM EXPERIENCE, UM, TRANSIENT RESIDENTS, RENTALS, AND I KNOW EVERYBODY NEEDS A PLACE TO STAY AND THEY RENT TO STAY, BUT IF THEY TECHNICALLY HAVE NO, I CALLED INVESTMENT IN THEIR PROPERTY.
THEY COME IN AND OUT AND THEY, THEY WILL PROBABLY STAY THERE FOR A YEAR, SIX MONTHS, WHATEVER.
SO I BELIEVE EVERYBODY NEEDS A HOME.
BUT THESE ARE TOO MANY APARTMENTS FOR THAT SMALL PIECE OF PROPERTY.
TOO MANY CARS AND TOO MANY PEOPLE.
AND I'M REALLY, REALLY CONCERNED.
OF COURSE, SHE, THEY ALREADY ADDRESSED ABOUT THE DRAINAGE.
ALTHOUGH I KNOW THAT ON MY STREET, ON MY, IN FRONT OF MY HOUSE, WATER GOES DOWN THROUGH MY DRIVEWAY
[00:40:01]
ALL THE WAY DOWN ALMOST TO, THAT'S GOING TO NORTH, UH, TO CENTRAL AVENUE.SO I MEAN, MAYBE THAT, THAT CONTRIBUTES TO THE WATER POOLING THERE AND THE FLOODING ON CENTRAL AVENUE.
I DON'T KNOW HOW FAR THE STUDY HAS BEEN MADE.
IF IT AFFECTS NORTH CENTRAL AVENUE.
MAYBE THEY JUST DID A STUDY UP TO NORTH WASHINGTON.
TRAFFIC, SAFETY, THE GIANT AGE AND THE, THE DENSITY.
THE DENSITY OF THE NUMBER, AND THE NUMBER OF PEOPLE WHO ARE GONNA BE LIVING IN THAT SMALL APARTMENT BUILDING.
WE ARE ALREADY A STREET FILLED WITH CONDOS AND MULTI DWELLINGS.
THERE'S ONLY A FEW OF US WHO HAVE HOUSES THERE.
PROBABLY THE ONLY BIGGEST INVESTMENT I HAVE.
SO I WOULD BEG FOR YOU TO RECONSIDER ABOUT THE NUMBER OF UNITS THAT ARE THERE.
I'M NOT SAYING THAT THEY CAN'T BUILD, I'M SAYING THAT THERE'S JUST TOO MANY UNITS, TOO MANY PARKING SPACES FOR CARS, AND THAT'S REALLY GONNA IMPACT OUR STREET.
WHEN YOU SAID TOO MANY PARKING SPACES, THEY HAVE, WAIT, WAIT, LET ME ASK FINISH.
ARE YOU SUGGESTING THAT THE NUMBER OF PARKING SPACES SHOULD BE REDUCED TO KEEP CARS OUT? IS THAT WHAT YOU'RE TRYING TO SAY? I'M SUGGESTING THAT I UNDERSTAND THAT THEY HAVE THE RIGHT TO BUILD THERE BECAUSE IT'S BEEN ZONED AS A MULTI-FAMILY UNIT.
BUT I THINK THERE'S JUST TOO MANY APARTMENTS.
THREE BEDROOMS, FOUR, THREE BEDROOMS. I UNDERSTAND THAT PART.
I WAS PARTICULARLY MENTIONED ON THE PARKING, IN THE PARKING.
I WANT TO MAKE SURE I UNDERSTOOD WHAT YOU SAID.
WELL, I, I, I UNDERST WELL, IF THEY HAVE TO HAVE THIS MANY APARTMENTS, OBVIOUSLY THEY'RE PROVIDING FOR PARKING FOR PEOPLE WHO ARE GONNA LIVE THERE.
AND THAT'S A LOT OF CARS GOING IN AND OUT OF THAT PROPERTY INTO A VERY NARROW STREET.
BEFORE YOU GO, BEFORE YOU GO, I THINK THE QUESTION THAT'S BEING ASKED IS, WHAT'S A COMFORTABLE NUMBER FOR YOU? TWO CARS? FOUR CARS? NO.
WELL, IF THEY WERE LIKE, I'M NOT COMFORTABLE, THE CONDO RIGHT NEXT TO IT HAS EIGHT CARS.
AND HOW MANY UNITS IS IN THAT PARTICULAR TOWN? THE SCHOOLHOUSE CONDOS IS A LOT OF UNITS, BUT THEY PARK ON SOME OF THE, SOME OF THE, UH, PARKING SPACES THEY HAVE IS ON WEST HARTSDALE AVENUE.
SO, YOU KNOW, THERE'S A LOT OF UNITS THERE.
I I BELIEVE THERE'S, AND THEY'RE BIG UNITS.
THEY'RE LIKE 2, 3, 3 BEDROOMS, BIG ONES, BIG SPACES IN TERMS OF SQUARE FOOTAGE.
AND UH, YOU KNOW, I WAS THERE WHEN THAT BUILDING WAS BEING BUILT.
I WAS VERY HAPPY THAT THEY WERE BUILDING THERE BECAUSE THEY WERE CONDOS.
I'M CONCERNED ABOUT THE RENTALS BECAUSE IT'S THE TRAN, THE, THE, THE, THE, JUST THE, UH, BECAUSE PEOPLE WHO HAVE BEEN LIVING THERE TRANSIT.
I JUST, I I'LL TAKE A LITTLE BIT OF OFFENSE TO WHAT YOU'RE SAYING ABOUT RENTERS AND THE FACT THAT THEY MAY BE TRANSIENT AND DON'T HAVE PRIDE IN THEIR PROPERTY BECAUSE THAT'S A BLANKET STATEMENT THAT YOU SHOULDN'T MAKE.
AND FOR EXAMPLE, I'M GONNA BE A RENTER SOON AND I DON'T CONSIDER MYSELF IN THE WAY THAT YOU'RE SPEAKING ABOUT RENTERS.
SO I THINK YOU SHOULD JUST STOP WITH THE RENTERS YEAH.
PIECE AND STICK WITH WHATEVER ELSE THAT YOU'RE SAYING.
I APOLOGIZE, BUT I, I'M NOT, YOU KNOW, I'M NOT SAYING THAT I'M NOT GENERALIZING.
ANYONE ELSE COME UP, SIR? JUST A MOMENT, MA'AM.
YEAH, THERE'S A GENTLEMAN IN THE BACK.
MEMBERS OF THE BOARD, MEMBERS OF THE COMMUNITY FOR THE RECORD, MY NAME IS GEORGE GUNLOCK, G U N D L A C H.
I'VE BEEN A RESIDENT OF HARTSDALE FOR 20 YEARS AND I JUST WISH TO OBVIOUSLY COMMENT ON, ON THIS PROPOSAL.
UH, I DON'T LIVE IN CLOSE PROXIMITY TO THIS, UH, TO THIS, UM, DWELLING.
UH, BUT I AM VERY FAMILIAR WITH IT AS I TRANSVERSE THAT STREET OFTEN.
[00:45:01]
PRIMARILY ARE PRIMARILY ARE, ARE THE TRAFFIC IMPACT.IT'S UH, IT'S AN AREA, UH, THAT HAS VERY, VERY NARROW STREETS, UH, UH, TRAFFIC GOES, UH, OVER ON TWO LANES.
AND ADDING ADDITIONAL CARS, ESPECIALLY CLOSE TO THAT INTERSECTION, IS GOING TO, IS GOING TO BE, UH, A PROBLEM FOR, FOR A LOT OF PEOPLE.
UM, I AM, I AM CONCERNED THAT, UH, THE, THAT THE, UH, ATTORNEY FOR THE APPLICANT HAS INDICATED THAT THE VARIANCE THEY SEEK IS JUST A TECHNICAL VARIANCE.
THAT THEY'RE NOT SEEKING A TECHNICAL VARIANCE.
UH, THEY'RE SEEKING FIVE VARIANCES.
THERE'S NOTHING TECHNICAL ABOUT IT.
THEY'RE ASKING YOU TO CHANGE THE ZONING, UH, TO ACCOMMODATE, TO ACCOMMODATE THEIR, THEIR APPLICANT.
AND PLEASE NOTE, IT'S, IT'S NOT A SMALL THING.
UM, THE APPLICANT HAS A RIGHT TO IMPROVE THEIR PROPERTY AND SEEK A VARIANCE.
THE COMMUNITY HAS A RIGHT TO EXPECT THAT THE BOARD, UH, WILL BALANCE THEIR RIGHTS WITH THE OBLIGATION YOU HAVE TO THE COMMUNITY TO MAINTAIN, UM, MAINTAIN, UH, RESIDENCES UNDER THE CURRENT ZONING REGULATIONS.
I ALSO WAS SURPRISED AND WANT TO NOTE THAT THE, UH, ATTORNEY FOR THE APPLICANTS INDICATED THAT THE APPLICANTS WOULD REMAIN OWNERS, UH, BUT NOT NECESSARILY, UH, OCCUPIED OF THIS, UH, THIS, UM, UH, THIS NEW, UH, PROPERTY.
UM, I WOULD SUGGEST THAT SOME ACCOMMODATION BE MADE TO THE APPLICANT.
UH, BUT CHANGING THIS FROM A SINGLE DWELLING UNIT TO EIGHT RENTALS IS A BIT MUCH FOR THE COMMUNITY.
AND THEY'RE ASKING FOR YOU FOR PERMISSION TO GO FORWARD WITH, AGAIN, FIVE VARIS.
I WOULD UM, I WOULD OPPOSE THAT.
AND I WANT TO THANK YOU FOR YOUR TIME AND I'LL ASK YOU AS I ASKED THE PREVIOUS, UM, WHAT WOULD BE COMFORTABLE, I THINK FIVE FIVE.
AND YOU DERIVED THAT BY WHAT? JUST THAT THERE WERE
WELL, IF THERE WERE FIVE INDIVIDUALS, FIVE PARTNERS FOR ARGUMENT SAKE INSTEAD OF EIGHT, THEN THAT WOULD MEAN WHAT? 15 CARS INSTEAD OF 18? WELL, I'M NOT SURE HOW MANY CARS IT WOULD MEAN, BUT I I THINK ONE OF THE PROBLEMS IS, IS THE NUMBER OF CARS.
THE OTHER PROBLEM IS ASKING THE NUMBER OF CARS PARKING, OR LET'S SAY IN THE MORNING YOU HAVE 10 CARS THAT COME OUT AND THEY'RE GONNA GET IN QUEUE LIKE EVERYONE ELSE AND THEY'RE GONNA GO TO DALE AVENUE OR BACK TO CENTRAL AVENUE.
AND ONCE THEY'RE OUT OF Q I'M THAT, WHAT I'M TRYING TO SAY IS WE'RE TRYING TO HELP YOU, BUT YOU GOTTA HELP US UNDERSTAND WHAT THE OBJECTION I UNDERSTAND WOULD BE I UNDERSTAND, YEAH.
AND EMPIRICALLY, AS WAS STATED, HOW YOU BELIEVE THAT'S GOING TO IMPACT YOUR QUALITY OF LIFE.
AND THAT WOULD BE GERMANE TO US IN MAKING A DECISION.
I, I UNDERSTAND AND, AND I'LL, I'LL DO MY BEST TO ANSWER THAT QUESTION.
I I WANT YOU TO REALIZE THAT, UH, MY CO-CHAIR HAS NOT BEEN TO DO AN EMPIRICAL STUDY AS TO THE, THE CORRECT NUMBER OF APARTMENTS.
BUT TO LET YOU KNOW THAT WHAT THE IMPACT OF HAVING, UM, HAVING A UNIT LIKE THIS DEVELOPED WOULD, WOULD HAVE ON ME PERSONALLY.
SO I, I DON'T HAVE EMPIRICAL DATA.
UH, UM, MY CONCERN IS NOT THE PARKING AS MUCH AS IT IS THE CAUSE AS THEY EXIT ONTO THE STREET, THE, THE COMING, THE GOING, GOING TO WORK, RETURNING FROM WORK, UH, SHOPPING, DOING THE THINGS THAT ALL OF US NEED TO DO.
IT'S, IT'S A VERY SMALL ROADWAY.
AND, UH, GETTING THROUGH THERE, IT'S NOW IS, IS TOUGH.
HALLOWEEN STORE EMPTIES RIGHT TO THAT BACK ROAD.
H AND FRIENDS THAT LIVE ON THE ROAD.
SO THAT'S WHAT I'M TRYING TO FIGURE OUT.
WHAT EXACTLY DO YOU SEE AS THE ULTIMATE IMPACT? 'CAUSE IF THERE ARE 15 CARS OR 18 CARS, ONCE THEY EXIT THE PROPERTY, IT'S NOT AS IF THEY'RE PARKING ON THAT ROAD.
BUT THEN YOU ALSO HAVE THE PARKING FROM THE COMPLEX THAT'S BEHIND IT THAT ARE ACTUALLY PARKING ON THE ROAD.
SO I DON'T KNOW HOW THEM PARKING OFFSITE IMPACTS THE TRAFFIC.
'CAUSE IF THEY'RE PULLING OFF THE ROAD, THEN IT'S NOT AS IF THOSE CARS THAT PARK CLOSE TO THE END THAT THEY BACK OUT INTO TRAFFIC.
AND I, THERE'S A YOUNG LADY THAT I PICK UP BECAUSE I TAKE HER TO SCHOOL SOME MORNINGS.
SO I KNOW WHEN I'M TRYING TO GET IN TO THE CONDOS, IT WILL BACK UP ON THE HARTSELL AVENUE.
'CAUSE THOSE INDIVIDUALS ARE BACKING OUT INTO TRAFFIC.
SO THEY ACTUALLY CREATE CONGESTION.
WHEREAS IF SOMEONE WAS PULLING OUT OF THIS DRIVEWAY, THEY WOULD HAVE TO WAIT IN QUEUE TILL AN OPPORTUNITY HAPPENED FOR THEM TO PULL INTO TRAFFIC.
WHICH TO ME THIS IS A BETTER PLAN THAN JUST ACTUAL STREET PARKING.
SO I JUST WANT YOU TO KIND OF HELP ME UNDERSTAND HOW YOU FEEL OR SENSE THAT THIS IS GONNA BE MORE DETRIMENTAL.
[00:50:01]
YOU'RE FAMILIAR WITH THAT, UH, THAT INTERSECTION AND THE ROADS LEADING UP TO THE INTERSECTION, YOU CAN ONLY IMAGINE THAT THE, THE IMPACT, HAVING AN ADDITIONAL DOZEN OR 20 CARS COMING INTO THAT INTERSECTION FROM ONE LOCATION IS GOING TO BE ALRIGHT.AND MAYBE THAT'S SOMETHING THAT, UH, RESIDENTS, UH, ALWAYS HAVE TO LIVE WITH.
UH, CHANGES COME WITH IMPACTS, BUT TO REQUEST, UM, SO MANY VARIANCES SO THAT YOU CAN CONSTRUCT SOMETHING THAT'S GOING TO CREATE A TRAFFIC PROBLEM SEEMS LESS OF A, SEEMS LESS OF A RESPONSIBILITY THAN IT IS TO MAINTAIN THE CHARACTER AND THE, UH, THE FLOW, THE TRAFFIC FLOW OF, OF THE COMMUNITY.
AS IT STANDS RIGHT NOW, YOU HAVE, YOU HAVE A, A NEED AND AN OBLIGATION TO, UH, CONSIDER THE REQUEST OF ANY, ANY APPLICANT WHO WANTS TO CHANGE THEIR PROPERTY.
AND YOU'VE GOT BALANCE THAT WITH THE NEED TO MAINTAIN, UM, THE COMMUNITY, UH, WITHOUT IMPACTING IT BY GRANTING FIVE VARIANCES.
IT'S, IT'S, I I I I TRAVEL ACROSS THAT PROPERTY THAT, UH, THAT STREET WITH WHERE THE PROPERTY IS OFTEN AND IT'S, IT'S GOING TO BE A, A TRAFFIC, A TRAFFIC ISSUE.
UH, I ARE THERE ANY OTHER QUESTIONS? NO, THANK YOU.
ANY OTHER QUESTIONS FOR THIS GENTLEMAN? I JUST HAVE ONE COMMENT.
I ALSO USE IT AS CUT THROUGH
UM, IF I, IF I LIVED ON THAT STREET IN MY AREA, IT WAS, WE HAD TREMENDOUS SAFETY ISSUES.
THE WHOLE NEIGHBORHOOD WAS BUILT WITHOUT STOP SIGNS.
WE PETITIONED THE TOWN TO PUT IN STOP SIGNS AND THEY DID.
RIGHT? I WOULD AS A NEIGHBORHOOD ASSOCIATION, PETITIONED TO TURN WASHINGTON AVENUE INTO A ONE-WAY STREET.
AND THAT SOLVES A LOT OF THE TRAFFIC THAT'S COMING IN AND OUT.
AND IT WOULD EVEN ALLOW DOWN STREET PARKING.
THAT'S THAT, BUT THAT'S SOMETHING AS A COMMUNITY.
WELL, I, I WOULD, UM, WE WOULD OPPOSE THAT, THAT THAT'S A FUTURE ACTION WE CAN TAKE.
BUT I WOULD ARGUE AGAINST ANY ON STREET PARKING IN THAT AREA, WHETHER, WHETHER IT WAS A ONE WAY OR A TWO-WAY STREET, I THINK IT WOULD SOLVE A LOT OF YOUR, OF THE TRAFFIC ISSUES.
AND IT'S SOMETHING AS A COMMUNITY THAT YOU GUYS COULD TAKE ON.
AND WHY SHOULD WE TAKE ON CHANGING? LET'S GET BACK TO IT.
ANYONE ELSE, MA'AM AS A PROPERTY OWNER? UM, RIGHT ON THE LEFT SIDE.
CAROL LABORS, I LIVE AT 33 NORTH WASHINGTON.
MY, UH, HOUSE, UH, BUTTS UP AGAINST THEIR PROPERTY, OKAY? YOU'RE GONNA BE HAVING A LOT OF TRAFFIC GOING UP AND DOWN THAT STREET ALL DAY.
YOU'RE MAKING A ROAD OUT OF A DRIVEWAY, OKAY? IT'S TOO MANY CARS.
WHERE ARE YOU GONNA PUT THE VISITOR PARKING? WHERE WILL THE VISITORS PARK? YOU GONNA PUT THEM DOWN OVER BY ME TOO.
I'VE GOT THE, UH, PARKING UP AND DOWN ALL DAY LONG.
YOU GOT THAT ALL CLUSTERED TOWARDS HARTSDALE AVENUE.
IT'S A DANGEROUS, DANGEROUS EDGE STREET.
WASHINGTON AVENUE IS DANGEROUS AND YOU'RE CLUSTERING IT ALL DOWN THERE, OKAY? IT'S NOT LIKE THAT PROPERTY JUST SITS BY MY HOUSE.
YOU'VE GOT FOUR SIDES TO THAT PROPERTY, OKAY? YOU GOT ELMWOOD, YOU COME DOWN THAT STREET, YOU GO UP THERE, YOU'RE MAKING A ROAD OUT OF A, A DRIVEWAY, OKAY? IT'S TOO MANY, UH, BUILDINGS ON THAT PROPERTY TOO THAT THEY WANT TO BUILD.
YOU'VE GOT A SMALL PIECE OF PROPERTY WITH EIGHT, UH, APARTMENTS WITH NO, ISN'T THAT GONNA BE 16 PEOPLE? 16? OR IS IT EIGHT? EIGHT UNITS.
NOW YOU GOT EVERYTHING CLUSTERED OVER BY ME.
YOU GOT THE GARBAGE, YOU GOT THE, THE TRUCKS YOU'RE GONNA HAVE IS THE GARBAGE TRUCKS GONNA GO UP INTO THAT UP, UP AND DOWN THAT STREET TO PICK UP GARBAGE.
WHERE ARE THEY GONNA PICK THE GARBAGE UP? THEY'RE GONNA DO LIKE US, WHERE WE WHEEL DOWN TO THE STREET TO HARTSDALE UP TO NORTH WASHINGTON.
WHAT ARE THEY GONNA DO ABOUT IT? WHAT ARE YOU GONNA DO FOR PARKING THAT WHEN VISITORS COME? YOU GONNA PUT 'EM OVER BY ME? YOU GONNA PUT SOMETHING
[00:55:01]
ELSE BY ME? YOU GOT PARKING ON ONE, ON ON THE BUILDING, ON THE CONDOS.YOU'VE GOT, UM, ON THE OTHER SIDE, YOU GOT HOUSING, YOU GOT IN BACK OF ME, YOU HAVE HOUSING.
YOU ARE JUST BOXING ME IN A LITTLE BOX OVER HERE.
IS THAT RIGHT? THEY COULDN'T HAVE CON CON UM, STYLE THAT THING A LITTLE BIT DIFFERENTLY.
YOU GOT EVERY, YOU GOT THE, THE, UH, BUILDING WITH, THEY'RE PARKING UP AGAINST ME AND YOU'VE GOT THE, AND WHEN THEY BLAST AND I WAS THERE WHEN THEY MEASURED WITH THE THING TO SEE HOW DEEP THE, UM, ROCK IS.
THAT ROCK IS DEEP, THEY COULD NOT PENETRATE.
ALRIGHT? WHERE THAT, WHERE THE BARRIER IS GOING, MY GARAGE IS RIGHT THERE.
OKAY? ARE THEY GONNA BE ABLE TO PROTECT MY BUILDING OVER THERE? AND A BARRIER WHITE PINE ISN'T GOING TO WORK BECAUSE THE NEEDLES FALL OFF.
YOU, I DON'T WANNA SEE IT AND I DON'T WANNA HEAR IT IF YOU'RE GONNA DO IT, BUT IT'S TOO BIG OF A PROJECT FOR THAT SIZE PROPERTY AND YOU'RE CLUSTERED IN A DANGEROUS, DANGEROUS AREA OF HARTSDALE.
IT'S THE MOST DANGEROUS STREET IN HARTSDALE, WASHINGTON AVENUE AND HARTSDALE AVENUE.
I HAVE SEEN HUNDREDS OF ACCIDENTS.
NOW IT'S A NEW TRAFFIC LIGHTS.
WE EVEN HAVE MORE MISS OVER THERE.
YOU KNOW, YOU GET I WANT IN MIND.
ANYONE ELSE? NO SPEAKERS ON ZOOM.
I'M TRYING TO BE VERY BRIEF, BUT I WANT TO JUST RESPOND FOR THE RECORD.
UM, ON A COUPLE OF THOSE COMMENTS.
UM, DESPITE WHAT MS. KNIK SAID, I I WANT TO JUST CONFIRM FOR THE RECORD, RENTALS ARE ALLOWED IN THIS ZONE, UM, FORM OF OWNERSHIP AS THE BOARD KNOWS, BUT I WANT THE RECORD TO BE CLEAR, FORM OF OWNERSHIP IS BEYOND, UM, THE CONTROL OF ZONING FGL L AND L PROPERTY VERSUS CITY OF RYE.
UM, I DID USE THE PHRASE TECHNICAL VARIANCES.
I WANT TO, BECAUSE I WAS QUESTIONED ON THAT.
I'M GONNA JUST VERY QUICKLY HIT THIS.
THE PLANNING BOARD WROTE TO YOU, THE PLANNING BOARD NOTED THAT THE APPLICANT HAS BEEN RESPONSIVE TO THE PLANNING BOARD'S, SUGGESTED MODIFICATIONS, INCLUDING THE ADDITION OF A PATIO AND BALCONY, WHICH RESULTED IN THE NEED FOR THE REAR YARD SETBACK VARIANCE.
NUMBER TWO, THEY ASKED THAT WE PUT THE PARKING UNDERNEATH THE BUILDING RATHER THAN BESIDE THE BUILDING, THEREBY BRINGING THE PARKING VERY CLOSE I E UNDERNEATH THE STRUCTURE, THEREFORE REQUIRING A VARIANCE FROM WHAT WOULD OTHERWISE BE A SEPARATION DISTANCE.
NORMALLY WHEN PARKING IS OUTSIDE A BUILDING, THEY DIDN'T WANT THE, THE, THE CODE DOESN'T WANT PARKING TOO CLOSE TO A BUILDING.
WE'RE UNDERNEATH THE BUILDING MATHEMATICALLY THERE'S NOTHING WE CAN DO ABOUT THAT.
NUMBER THREE, MAXIMUM BUILDING COVERAGE.
OUR BUILDING COVERAGE IS 18.8% WHERE 18.3% IS OTHERWISE ALLOWED.
SO THAT'S A 0.5% VARIANCE TO US THAT IS DE MINIMIS AND TECHNICAL.
AND FINALLY ON THIS ISSUE OF THE NUMBER OF UNITS, THE SITE IS COMPLIANT WITH THE MINIMUM LOT AREA.
IT'S A REQUIREMENT OF 3000 SQUARE FEET PER UNIT.
WE HAVE 27,000 SQUARE FEET THAT WE WOULD ONLY NEED 24,000 SQUARE FEET.
SO WE HAVE MORE THAN ENOUGH PROPERTY.
HOWEVER, BECAUSE OF A TECHNICALITY IN THE GREENBERG CODE, BECAUSE WE'RE IN A MULTI-FAMILY RESIDENTIAL DISTRICT AND WE HAVE SLOPES, IT TRIGGERS THE NEED FOR A MATHEMATICAL VARIANCE.
AND THAT CAN BE CONFIRMED WITH THE COMMISSIONER OF DEVELOPMENT.
SO FOUR OF OUR FIVE VARIANCES IN OUR OPINION, ARE INDEED AS A ZONING PRACTITIONER, RATHER TECHNICAL AND MINOR IN NATURE.
UH, THE, THE FIFTH IS A LOADING BIRTH DIMENSIONAL, UH, VARIANCE, UH, WHICH HAS ALREADY BEEN REVIEWED BY THE PLANNING BOARD.
AND LASTLY, UM, I'M JUST GONNA REITERATE SOMETHING I SAID EARLIER.
I HEAR ALL THE COMMENTS ABOUT TRAFFIC AND PARKING.
WITH ALL DUE RESPECT TO YOUR BOARD TONIGHT, THAT'S REALLY BEYOND YOUR JURISDICTION.
THAT'S ALREADY BEEN ADJUDICATED.
UM, AND LAST, LAST BUT NOT LEAST, UM, I'M NOT HERE ASKING FOR A CHANGE IN ZONING.
[01:00:01]
FOR THE BENEFIT OF THE RECORD, WE ARE ZONING COMPLIANT OTHER THAN THE VARIANCES REQUESTED.WE WOULD ASK, I DO HAVE ONE QUESTION BEFORE YOU GO.
SO THE QUESTION DID WAS RAISED IN TERMS OF TRASH REMOVAL.
HOW WOULD THAT BE ACCOMPLISHED? GREAT QUESTION.
UM, FRANK OR PETE, YOU'RE PROBABLY BETTER ABLE TO RESPOND TO THE ARTICULATION OF THE TRUCK IN AND OUT OF THE SITE.
UM, HI, THIS IS FRANK RO AGAIN.
I'M A GALLON DEALER DESIGN STUDIO.
THE TRASH CORRAL IS DESIGNED SO THE TRUCK CAN EITHER BACK UP TO THE TRASH CORRAL OR SOMEONE CAN WHEEL DOWN THE CONTAINERS DOWN THE STREET.
EITHER WAY IS POSSIBLE WITH THIS DESIGN.
SO THE QUESTION WOULD BE THE FOLLOWING.
IS THIS GONNA BE PRIVATE CARTING OR GREENBURG SANITATION? PRIVATE.
MORE LIKELY THAN NOT THEY WILL BACK UP TO THE ENCLOSURE.
WE WOULD ASK MADAM CHAIR THAT YOU CLOSE THE PUBLIC HEARING AND WE HOPE THAT THE BOARD WILL PROCEED TO DELIBERATIONS THIS EVENING.
UM, SO THAT WE CAN CONCLUDE THE MATTER.
IF YOU HAVE ANYTHING ELSE WE'RE HAPPY TO ANSWER.
I THANK YOU FOR YOUR PATIENCE.
I DON'T BELIEVE WE DO, DO WE? OKAY.
WELL, SHE, IT WASN'T
WELL, I THINK WE SHOULD HEAR IT.
SO JUST GIVE US A COUPLE MORE MINUTES.
[01:06:24]
SEE'S I WAS THINKING ABOUT, WELL, FIRST BEFORE YOU CLOSE AJOUR FIRST QUESTION IS, ALL RIGHT, SO WE'RE UP TO CASE.I'M SORRY, WE'RE UP TO CASE 2321 FAIL INDUSTRIES INC.
UM, DO WE HAVE THEM AVAILABLE? YES.
MADAM CHAIR, MEMBERS OF THE BOARD, DAVID STEINMETZ FROM THE LAW FIRM OF ZAIN STEINMETZ HERE ON BEHALF OF FAIL INDUSTRIES, YOU SHOULD HAVE RECEIVED A WRITTEN COMMUNICATION.
UH, TODAY THERE WAS A JOINT REQUEST SUBMITTED BY THE APPLICANT AND BY TOWN STAFF REQUESTING AN ADJOURNMENT OF BOTH MATTERS.
UH, WE SPENT ABOUT TWO AND A HALF HOURS TODAY, UH, MEETING WITH THE TOWN ATTORNEY, TOWN ENGINEER, BUILDING DEPARTMENT.
UM, I DON'T THINK ANYONE ELSE, NO, GARRETT WAS NOT THERE.
UM, AND, UH, WE HAVE MADE SIGNIFICANT PROGRESS ON WHAT WE HOPE WILL BE RECOMMENDATIONS TO YOUR BOARD AT THE NOVEMBER MEETING.
THEREFORE, THERE'S NO REASON TO REQUEST THAT YOU ADJUDICATE THE SPECIAL PERMIT THAT WE HAVE APPLIED FOR, NOR IS THERE A NEED FOR YOU TO ADJUDICATE, UM, THE APPEAL FROM THE ISSUANCE OF THE STOCK WORK ORDER.
SO WE DON'T HAVE TO BURDEN YOUR AGENDA THIS EVENING.
YOU DO NOT NEED TO DO ANYTHING.
UM, BOTH THE TOWN ATTORNEY AND WE SUBMITTED THIS TOGETHER.
ALRIGHT? DID YOU, DID THE OTHER MEMBERS OF THE BOARD SEE A SUBMISSION FROM THE TOWN? 'CAUSE I DIDN'T YEAH, THERE WAS AN EMAIL.
YEAH, LET ME GO BACK AND LOOK.
ED, I BELIEVE YOU SHARED THAT WITH THE BOARD AT AROUND FIVE O'CLOCK OR SO.
[01:10:01]
MR. DANKO ASKED MY, UM, CO-COUNSEL MR. ZEDA TO SUBMIT IT.HE, MR. MODO, MS. GARRITY, UM, AND MR. OLA WERE ALL AWARE THAT WE WERE DOING THIS JOINT.
NO, I BELIEVE YOU, I JUST WANTED TO MAKE CERTAIN THAT EVERYBODY ON THE BOARD HERE GOT IT.
IT WAS THE ONE, I ATTACHED THE PICTURE AT FOUR 40 THIS AFTERNOON ON THAT ONE.
DARIUS CHOSE TO DO IT BY EMAIL RATHER THAN FORMAL LETTER, BUT THE REQUEST IS THERE.
WE WILL SEE YOU IN NOVEMBER AND WE THANK YOU FOR YOUR CONTINUED PATIENCE ON THAT.
WELL, WE HAVEN'T VOTED YET THEN.
IS THERE ANYONE HERE WHO HAS ANY COMMENTS ON THIS ADJOURNMENT? OKAY.
ALL RIGHT, SOMEONE NEED TO MOVE.
I, I I DIDN'T UNDERSTAND REALLY WHAT THE GENTLEMAN HERE WAS ASKING.
IT'S A DIFFERENT MATTER, MA'AM.
IT'S A DIFFERENT MATTER ON A DIFFERENT SITE.
SORRY, IT'S THE SAME ATTORNEY, BUT A DIFFERENT MATTER COME.
WHAT ARE WE DOING? THIS IS, THIS IS A DIFFERENT CASE.
WE'RE NOT IN YOUR, NOT IN YOUR AREA.
OKAY, SO THAT INCLUDES BOTH C B A 2321, CORRECT.
DO WE HAVE A SECOND ON THE APPLICATION TO ADJOURN TO SECOND? WHO MADE A MOTION? ADJOURN TO WHAT? WHO'S DECEMBER, NOVEMBER 16TH.
YOU WANT ME TO MAKE A MOTION? YES.
UH, CASE NUMBERS 2321 AND 2322 BE ADJOURNED TO THE ZONING BOARD MEETING OF SECOND.
THE NEXT CASE WE HAVE IS CASE 2323.
IS THERE ONE HERE ON THAT MATTER? UH, NINE ON ZOOM.
IF YOU COULD PLEASE IDENTIFY YOURSELF AND PROCEED.
I'M A LANDSCAPE ARCHITECT FOR PRAVIN ELOC, UM, AT, UM, 89 MION F WE WERE HERE LAST MONTH AND, UM, PRESENTED A, UM, SWIMMING POOL AND ASSOCIATED TERRACE AND, UH, PATIOS AND FENCES.
UM, AND THERE WAS SOME OPPOSITION WITH THE FENCE BEING OVER THE PROPERTY LINE.
SO IF YOU DON'T MIND, I'LL SHARE MY SCREEN AND SHOW YOU THE CHANGES.
UH, CAN EVERYONE SEE MY SCREEN? YES.
SO THE PREVIOUS SUBMISSION, UM, WE, WE HAD THE FENCE EXTEND OVER THE PROPERTY LINE HERE AND DOWN AND RETURN TO THE HOUSE.
SO WHILE WE WENT BACK TO THE DRAWING BOARD AND REDESIGNED THE SWIMMING POOL LOCATION PARALLEL WITH THE PROPERTY LINE SOMEWHAT PARALLEL WITH THE PROPERTY LINE I, THAT ALLOWED US TO, TO REORIENT THE POOL, PROPOSED POOL FENCE TO FOLLOW PROPERTY LINE IN RETURN TO RETURN TO THE HOUSE.
SO THEREFORE, THE, THE POOL FENCE IS NOW COMPLETELY ON THE PROPERTY.
THE POOL IS COMPLETELY ON THE PROPERTY.
THE PATIO IS COMPLETELY ON THE PROPERTY.
WE WERE ABLE TO REDUCE THE VARIANCE REQUEST FROM ZERO, UM, FOOT SETBACK FOR THE POOL AND THE PATIO.
UM, AND WE'RE ASKING FOR A TWO VARIANCES, ONE FOR THREE AND A HALF FEET, UH, FROM THE PATIO AND FIVE FEET FROM THE WATER LINE OF THE POOL.
UM, SO, YOU KNOW, INITIALLY I WASN'T THRILLED WITH THE REDESIGN, BUT IN GOING BACK AND FORTH WITH THE CLIENT, I THINK IT CREATES A DYNAMIC SPACE.
[01:15:01]
WAS ULTIMATELY HAPPY WITH THE REDESIGN.UM, AND HOPEFULLY THIS, UM, MEETS THE REQUIREMENTS FOR, UM, YOUR VIEW TO LOOK AT A VARIANCE REQUEST.
SO I'M HAPPY TO, TO REALLY, UM, ASK FOR ANY ASK AND IF YOU HAVE ANY QUESTIONS.
UM, THE HARDSHIP AGAIN, IS THIS AREA HERE ARE STEEP SLOPES.
SO WE REALLY CAN'T ENCROACH ON THAT AREA.
AND OUR HARDSHIP IS THE SHAPE OF THE LOT.
UM, THE FACTS THAT IT, IT NARROWS DOWN INTO THE REAR, REAR PROPERTY LINE.
UM, SO AGAIN, IF YOU HAVE ANY QUESTIONS, HAPPY TO ASK, ANSWER YOU POINT OUT THE TWO, UM, VARIANCES FOR US, PLEASE.
SO, UM, WE'RE ASKING FOR A, UH, VARIANCE FROM THE PATIO TO THE PROPERTY LINE.
WE'RE ASKING FOR, UM, TO GET THE, THE PATIO UP TO THREE FOOT EIGHT INCHES, WHICH IS 3.66 TO THE PROP FROM THE PROPERTY LINE.
THE POOL SETBACK REQUIREMENT IS 15 FEET, AND WE ARE ASKING FOR, UH, THE POOL TO BE WITHIN FIVE FEET OF THE PROPERTY LINE.
ANY OTHER QUESTIONS? THAT WAS MY EXACT SAME QUESTION.
ANYONE ELSE WISH TO ADDRESS THIS PROPOSAL? I, UH, NO SPEAKERS ON ZOOM.
THE NEXT CASE IS OUR FIRST NEW CASE OF THE EVENING, AND THAT IS CASE 2327.
EUGENE, AND I'M PROBABLY NOT GONNA PRONOUNCE THIS CORRECTLY, IS IT DELA OLE DELE? DELE.
GOOD EVENING, MADAM CHAIR AND BOARD MEMBERS.
MY NAME IS BRITTANY COLEMAN AND I'M REPRESENTING THE 16 HOMEWOOD PROPERTY.
I AM THE FORMER OWNER OF THIS PROPERTY.
I WANT TO SHARE SOME, I'M SORRY, CAN YOU HEAR THE MICROPHONE? OH, SORRY.
I'M THE FORMER, FORMER OWNER OF THE PROPERTY, AND I WOULD LIKE TO SHARE SOME, UM, CRITICAL INFORMATION, UNDERSCORING THE, THE NECESSITY OF THE REQUEST FOR AREA VARIANCE.
UM, IN 2019, I BECAME THE OWNER OF THIS PROPERTY FOLLOWING THE PASSING OF MY FATHER TO CANCER.
THIS HOME HELD A SPECIAL SIGNIFICANCE FOR MY FAMILY AS IT WAS MY FATHER'S FIRST HOME PURCHASE.
UM, AS A FIRST TIME HOME BUYER, HE WAS UNAWARE OF THE COMPLEXITIES AND THE REGULATIONS THAT SOMETIME ACCOMPANY, UH, HOME OWNERSHIP.
THIS LACK OF AWARENESS WAS COMPOUNDED BY THE FACT THAT THE EXISTENCE OF THE PATIO, WHICH IS IN, UH, QUESTION, UM, WAS NOT DISCLOSED TO HIM AT THE TIME OF THE PURCHASE.
UM, IMPORTANTLY, THE PATIO WAS INSTALLED BY THE PREVIOUS OWNER.
UNBEKNOWNST TO MY FATHER, UM, WHEN I WAS, UH, WHEN I PUT THE PRI PROPERTY UP FOR SALE LAST YEAR IN 2022, A SURVEY REVEALED THAT THE PATIO WAS NOT PERMITTED FOR AND HAS AN EXISTENCE SETBACK OF THREE POINT 54 FEET FROM THE SIDE PROPERTY LINE, WHICH DIFFERS, UH, FROM THE REQUIRED 10 FEET AS PER THE LOCAL REGULATIONS.
UM, SINCE IT'S BEEN BROUGHT TO MY ATTENTION, I DO HAVE TO ASK, UM, THE BOARD, LIKE, HOW WAS THIS OVERSIGHT ALLOWED AND OCCURRED? WHEN MY FATHER PURCHASED THE HOME AS A FIRST TIME HOME BUYER, UM, HE RELIED ON THE TOWN AND ITS PROCESSES TO ENSURE THE COMPLIANCE WITH ALL REGULATIONS.
UM, I DO HAVE PROOF TO PRESENT TO THE BOARD CONFIRMING THAT THE INSTALLATION OF THE PATIO WAS DONE BY THE PREVIOUS OWNER.
I DO HAVE A TEXT MESSAGE FROM THEM SAYING THAT THEY INSTALLED IT.
UM, I ALSO HAVE A LETTER FROM THE MOST ADJACENT NEIGHBOR WHO, UM, SAYS THAT THE PATIO DOES NOT IMPOSE ANY, UM, ISSUES FOR HIS FAMILY, HIS PROPERTY, OR FOR THE NEIGHBORHOOD.
FURTHERMORE, I WOULD LIKE TO HIGHLIGHT THAT THE NEW OWNER OF THE PROPERTY WHO PURCHASED IT WITH THE PATIO AS IS, UM, HAS EXPRESSED THEIR LOVE FOR THE SPACE IN THEIR STRONG DESIRE FOR IT TO REMAIN AS IT IS.
UM, I ALSO INCLUDED PHOTOS OF THE PATIO AS WELL.
GIVEN OUR CIRCUMSTANCES, I KINDLY REQUEST YOUR SUPPORT GRANTING THE AREA VARIANCE.
UM, IT HAS ALLOWED THAT PATIO HAS ALLOWED OUR FAMILY, UM, MANY, UH, GATHERINGS AND, UM, IT WOULD ALLOW US TO PRESERVE THE CHAIR SPACE.
UM, THAT HAS BEEN PART OF THE PROPERTY SINCE MY, BEFORE MY FATHER EVEN PURPOSED IT.
[01:20:01]
TIME.YOU OWN THE PROPERTY? I DON'T, HE OWNS THE PROPERTY NOW.
I SOLD THE HOME TO HIM LAST YEAR.
SO, SO JUST AS A POINT OF REFERENCE, SHOULDN'T HE BE MAKING THE REQUEST? OH, SHE SAID SHE WAS SPEAKING ON HIS BEHALF.
UM, SO AS A, OH, SO YOU, SO YOU'RE SPEAKING FOR THE HOMEOWNER? YES.
UM, AS THE SALE OF THE PROPERTY, I, IT WAS, UH, PUT ON ME TO GET THIS ISSUE FIXED AS OPPOSED, UM, AS POSTED.
THEN I COULD FIND ANYWHERE IN THE PAPERWORK YOU SUBMITTED WHEN THE PADDY PATIO WAS ACTUALLY INSTALLED.
SO FROM ACCORDING TO THE PREVIOUS OWNERS IN 2015 OR 2016.
SO WAS IT THE GAR FURLOWS? YES.
SO WHEN YOUR FATHER PURCHASED THE PROPERTY, THE PATIO WAS THERE? YES.
IT WAS ONE OF THE REASONS WHY HE BOUGHT THE HOUSE, BECAUSE MY FAMILY DOESN'T
AND HOW, HOW LONG DID YOU LIVE THERE? WE, UH, MY FATHER, THEY PURCHASED A HOUSE IN 2018.
MY FATHER UNFORTUNATELY PASSED IN 2019 AND WE MOVED OUT IN 2022 LAST YEAR.
AND THE PROOF YOU HAVE IS, IS THAT WHAT YOU PRESENT? I'M TRYING TO SEE.
IS THIS, I, I, I HAVE IT HERE.
I'M TRYING TO SEE, DOES IT HAVE A NUMBER ON IT? I ASSUME IT'S THE SURVEY.
AND THEN I, AS I SAID, I HAVE THE, WITH VARIOUS NOTATIONS ON IT, CORRECT? YES.
YOU HAVE, UM, A LETTER FROM SUB FROM YOUR NEIGHBOR AT 16TH HOMEWOOD ROAD AND NO, NO, NO.
THEY LIVE AT, I'M SORRY, 14 HOMEWOOD COURT COURT.
AND VERY SIMILAR NAME, AND WE'LL JUST, WHERE IS THAT IN RELATIONSHIP TO THE HOUSE? IT'S, IT'S ADJACENT TO THE, THE PATIO.
ACTUALLY, IT'S RIGHT BEHIND IF YOU GO BACK.
THAT'S THE ONE ADJACENT TO THE PATIO? MM-HMM.
I WAS TRYING TO FIGURE THAT OUT.
ANY OTHER QUESTIONS? ANYONE ON SCREEN INTERESTED IN THIS MATTER? NO.
OH YEAH, IF YOU DON'T MIND, SHE, YOU AROUND OUTSIDE.
WHEN I USED TO RIDE MY BIKE A LOT, WE HAD THESE, WE WOULD WRAP AROUND OUR ANKLES.
OH, IS THAT WHAT IT CAME FROM? WELL, THEY WERE SMALLER, BUT IT'S GOOD TO KEEP YOUR PANT LEGS IN OUT THE CHAIN STAY.
ONE MORE REASON TO MISS MY DOG JUST LOOKING AT THIS.
I KNOW, RIGHT? WE HAD TO DO WHAT WITH THESE? I HAVE NO IDEA.
I THINK THEY LEFT BECAUSE THEY CAME BACK AND WE'RE SITTING IN HERE.
I, I NEED TO, I GUESS WE NEED TO, TO ADJOURN TO DO OUR DELIBERATIONS.
THERE'S NOBODY OUT THERE ON THE SIDE.
ARE YOU SAYING WE SHOULD STAY UP HERE AND DO THEM OR SHOULD WE OR NOT? I THOUGHT WE HAD WHATEVER I THOUGHT WE HAD TO BE ON, I THOUGHT WE HAD TO BE ON CAMERA.
YEAH, NO, UNLESS YOU ARE GOING TO DO A, YOU SAID YOU WANTED AN EXECUTIVE? YES, I DID.
WELL, THEN YOU HAVE TO MOVE, GO INTO AN ATTORNEY CLIENT MEETING.
SO YOU CAN DO THAT AT PRESENT IF YOU'D LIKE.
UM, BEFORE WE START OUR DELIBERATIONS ON THESE MATTERS, WE WOULD LIKE TO HAVE, UH, AN EXECUTIVE MEETING TO CLARIFY SOMETHING WITH RESPECT TO OUR ATTORNEY REGARDING, UM, THE RULES AND REGULATIONS.
AND DO THEY MAKE MOTION IN A SECOND? UH, I HEAR A SECOND.
[01:25:02]
THIS WILL BE SHORT RECORDING IN PROGRESS.JUST A QUICK NOTE FOR THOSE ON ZOOM, IF YOU COULD PLEASE KEEP YOUR MICS MUTED.
THIS IS, UH, NOT A PUBLIC COMMENT SESSION PORTION OF THE MEETING.
WE ARE BACK WITH OUR DELIBERATIONS AT THIS POINT, STARTING WITH GETTING MY AGENDA HERE.
RECORD 2314, CASE 2314 SEACO ROAD, L L C HARTSDALE GREENHOUSES.
AND WE HAVE, UH, ESSENTIALLY USE MY GLASSES ON THIS.
YOU HAVE A REQUEST TO ADJOURN AND IF YOU DENY THAT REQUEST, THEN YOU'LL DELIBERATE ON THE MERITS.
OKAY? THAT CAN WORK OR DECIDE TO KEEP THE RECORD OPEN.
SO WHO WISHES TO PUT THEIR POSITION? MAY I SUGGEST YOU STRUCTURE IT BY FIRST ADDRESSING THE REQUEST TO ADJOURN? ALRIGHT.
SO WE KNOW THAT, UM, THERE IS AN APPEAL FROM THE DENIAL OF THE BUILDING INSPECTOR.
SO I GUESS WE SHOULD, UNLESS THERE'S SOME ALTERNATIVE AND YOU'D LIKE TO COMPLY IN BOTH OF THEM, THAT'S UP TO THE BOARD MEMBERS.
WELL, MY MY FEELING IS THAT, UH, WE RECEIVED SOME INFORMATION LATE IN THE DAY TODAY, WHICH WE HAVE NOT HAD A CHANCE TO REVIEW THOROUGHLY.
UM, SO I WOULD LIKE TO ADJOURN THE DECISION ON A USE VARIANCE UNTIL NEXT MONTH TO GIVE US AN OPPORTUNITY TO REVIEW THAT INFORMATION.
UM, I BELIEVE THOUGH THAT, UH, I AM IN AGREEMENT WITH THE BUILDING INSPECTOR ON WHETHER OR NOT THIS IS A PERMITTED USE.
ANYONE ELSE HAVE AN OPINION ONE WAY OR THE OTHER? UM, I ALSO AGREE WITH THE INTERPRETATION OF THE BUILDING INSPECTOR, UM, THAT THIS IS NOT A PERMITTED USE, UH, IN THIS ZONING DISTRICT.
AND FOR THE USE VARIANCE, I MEAN, I'M WILLING TO GIVE MY OPINION ON THE USE VARIANCE AS WELL.
I I DON'T THINK THIS RISES TO THE LEVEL OF A USE VARIANCE.
I WOULD NOT GRANT A USE VARIANCE.
I DON'T THINK IT MEETS THE, UH, FIVE FACTORS THAT YOU NEED.
BUT DO YOU FEEL WE SHOULD ADJOURN TO NEXT MONTH? JUST THAT PORTION TO GIVE US AN OPPORTUNITY TO REVIEW THE INFORMATION THAT WAS PRESENTED TODAY? OR ARE YOU AFRAID THAT POSSIBLY IN NOVEMBER THEY SUBMIT MORE INFORMATION ON THE DAY OF THE ZONING BOARD MEETING IN AN ATTEMPT TO TRY AND DO THAT AGAIN? UH, WELL, I PERSONALLY DON'T SEE HOW THIS MOST RECENT SUBMISSION IS GOING TO CHANGE MY MIND, UM, BECAUSE I DON'T SEE IN ANY WAY HOW THEY CAN, UM, MEET THE CRITERIA, MEET THE CRITERIA FOR USE VARIANCE REGARDLESS OF WHAT IS IN THIS COMMUNICATION.
YOU, YOU MADE A, A SOUND SO I WOULD CLOSE, I WOULD CLOSE FOR DECISION ONLY
[01:30:02]
IN THE WAITING ROOM.NOW, HAVE ANY OF YOU WITH RESPECT TO WHAT LOU SAID, HAVE ANY OF YOU HAD A CHANCE TO READ THE SUBMISSION AND IF SO, WHAT ISSUES ARE RAISED THEREIN? BECAUSE I HAVE NOT HAD A CHANCE TO READ THE SUBMISSION BECAUSE WE WERE IN THE MEETING.
WELL, THE, THE QUESTION IS THEN WHETHER THERE MAY OR MAY NOT BE SOMETHING IN THE SUBMISSION TONIGHT THAT GOES TO THE APPEAL.
WELL, I, IN OTHER WORDS, COULD GO SO FAR AS TO SAY THAT, UM, WE SHOULDN'T EVEN LOOK AT THE INFORMATION THAT THEY GAVE US TODAY BECAUSE IT WAS SUBMITTED AT SUCH A LATE TIME.
I HAVEN'T READ IT IN DETAIL, BUT MY CURSORY LOOK IS THAT I WOULDN'T CHANGE MY OPINION THAT I HAVE ALREADY STATED
SO, UM, I AGREE WITH THAT, BUT AT THE SAME TIME, IF OTHER MEMBERS HAVE NOT HAD A CHANCE TO LOOK THROUGH IT AND IT MIGHT CHANGE THEIR OPINION, THEN I WOULD SUGGEST WE ADJOURN.
UM, AND I WOULD SAY THAT SINCE THEY HAVEN'T READ IT, WE DON'T KNOW IF IT WOULD AFFECT EITHER.
SO WE SHOULD PROBABLY ADJOURN BOTH.
UM, BUT I DON'T SEE ANYTHING IN HERE THAT WOULD REAL, THAT'S SUBSTANTIAL ENOUGH TO CHANGE MY MIND EITHER.
BUT I THINK THAT PEOPLE ARE, SHOULD HAVE THE OPPORTUNITY TO READ THROUGH IT.
AND I WOULD LIKE TO READ THROUGH IT MORE CAREFULLY TOO.
THE QUESTION THAT COMES TO MY MIND IS WHY IS THIS INFORMATION NOW BEING PRESENTED AT THIS LATE DATE WHEN WE'VE HAD MONTHS MM-HMM.
UM, ONLY BECAUSE I HAVEN'T READ IT AT ALL, THAT I WOULD WANT TO GIVE AN, GIVE MYSELF AN OPPORTUNITY TO REVIEW IT, BUT I COULD ALSO BE PERSUADED TO BELIEVE THAT BECAUSE IT WAS SUBMITTED SO LATE THAT WE JUST TOTALLY DISREGARD IT.
IF ANYBODY SO WANTS TO TRY AND PERSUADE ME
WELL, THE ONLY THING I CAN SAY IS THAT WE'VE, AT LEAST I'VE BEEN ON THE BOARD FOR SO LONG THAT A LOT OF DIFFERENT THINGS HAVE HAPPENED.
UM, SOME CASES HAVE STARTED OFF WITH NOT A SNOWBALL CHANCE THAT WE WOULD VOTE FOR THEM AND THEN THEY END UP, YOU KNOW, ACCOMPLISHING A GOAL BECAUSE SOMETHING IS FOUND AND COMES FORWARD.
ON THE OTHER HAND, UH, THE OPPOSITE CAN TOO, WHERE THINGS APPEAR TO BE, UH, LEGITIMATE AND TURNS OUT THAT, UH, THERE'S SOME FAULTS THERE.
SO I'M CONCERNED ABOUT THE FACT THAT, UH, THIS WAS SUBMITTED IN THIS, IN THIS MATTER.
TO BE HONEST, I ALSO AM, UH, COGNITIVE OF THE, THE COMMUNITY, YOU KNOW, UM, WANTING TO HAVE THIS, YOU KNOW, CUT DOWN AND, AND, AND OFF THE AGENDA.
ON THE OTHER HAND, FROM WHAT WE'VE HEARD, HOWEVER, THIS IS SOMETHING THAT PERHAPS WILL GO TO THE TOWN BOARD AND THAT'S NOT ANYTHING WE HAVE ANY CONTROL OVER.
SO IT'S NOT AS THOUGH THIS MATTER IS COMPLETELY RESOLVED DEPENDING ON HOW WE VOTE.
SO, SO
BUT WE HAVE NOTHING TO DO WITH THAT.
RIGHT? SO I MEAN, WE'VE, WE'VE OFTEN GIVEN INDIVIDUALS AN OPPORTUNITY IF THEY HAVE PRESENTED SOMETHING THAT APPEARS THAT THERE'S OTHER INFORMATION THAT THEY COULD PROVIDE WITH, YOU KNOW, A REASONABLE AMOUNT OF TIME TO DEMONSTRATE THEIR POSITION IN A, YOU KNOW, IN A POSITIVE WAY.
I DON'T KNOW IF THAT'S WHAT WE HAVE HERE OR NOT AT THIS POINT.
SO THEREFORE I I BELIEVE THAT, UH, OKAY, GREAT.
ALRIGHT, IN CASE YOU ARE IN THE WRONG ROOM,
[01:35:01]
THIS, SORRY.I HOPE WE'RE IN THE RIGHT ROOM.
THAT WAS A FORM MEETING
NO, THAT, BUT WHAT I WAS GOING TO SAY IS THAT I DO AGREE, UH, WITH THE, UH, DETERMINATION MADE BY THE BUILDING INSPECTOR
AND THEN THE USE, SO YOU DON'T WANT TO ADJOURN THE APPEAL ON WELL,
UH, SIR, SIR, SIR, SIR, SIR, SIR, SIR, SIR, THIS IS A POINT OF THE MEETING WHERE THE PUBLIC'S NOT ALLOWED TO SPEAK, SO YOU REALLY HAVE TO STAY UP WITH YOU.
THE COMMUNICATIONS KEPT GETTING CUT OFF, SO I APOLOGIZE.
OR, OR YOU COULD GO TO THE TOWN WEBSITE IF, UM, YOU'RE HAVING TROUBLE STAYING ON THE ZOOM, UH, YOU CAN GO TO GREENBERG Y.COM AND GO TO THE BOARDS AND COMMISSIONS AND HIT LIVE BOARD MEETINGS IF YOUR FEED'S, UH, BAD.
BUT, UH, THANKS FOR RESPECTING THE THANK YOU.
SO IF GIVEN, IF I COULD, I WOULD OBVIOUSLY, UM, UPHOLD THE DECISION OF THE BUILDING INSPECTOR AND THEREFORE, UH, DENY THE REQUEST FOR THE REQUEST.
AND ON THE USE VARIANCE, WELL, IT'S KIND OF HARD TO GET A USE VARIANCE IF YOU'RE DENYING THE APPEAL.
THE APPEAL, RIGHT? NO, THAT'S ONE ALMOST THAT'S THE RATIONALE FOR GOING FOR THE USE VARIANCE.
SO IF YOU DENY, OH, YOU'RE SAYING IT FROM THAT VIEWPOINT.
IF YOU DENY THE APPEAL, THEN THEY NEED THE USE VARIANCE.
THE OTHER THING THAT WAS MENTIONED, UM, AND IS THAT THERE WAS A MEETING WITH THE TOWN, OBVIOUSLY WE ARE NOT PRIVY TO THAT.
UM, NO, I THINK THEY, THERE WILL BE A MEETING NEXT, NEXT WEEK.
THERE WILL BE, I THINK IS WHAT, OH, I THOUGHT THEY HAD SOME, SOME COLLABORATION.
THEY'VE, THEY'RE SETTING UP A MEETING WHERE THEY HAVE SET UP A MEETING FOR NEXT WEEK.
THEY, THEY IN THEIR LETTER REQUEST FOR ADJOURNMENT.
UM, LEMME JUST GET THAT HANDY HERE.
THEY HAVE INTEREST IN PURSUING A ZONING TEXT AMENDMENT WITH THE TOWN BOARD.
THAT'S WHAT THEY'VE INDICATED.
UM, IS THE RATIONALE FOR SEEKING AN ADJOURNMENT REQUEST.
BUT DIDN'T WE GET SOMETHING TODAY REGARDING, OR MAYBE NOT, MAYBE NOT TODAY, BUT SOMETHING REGARDING THE FACT THAT THE TOWN BOARD MIGHT BE INCLINED TO DO SOMETHING IF, IF WE BASED, BASED UPON SOMETHING THAT WE HAD DECIDED OR NOT? I DON'T BELIEVE THAT'S BE THE CASE.
IF, IF PROCEDURALLY, IF THE PLANNING BOARD DISA, I'M SORRY, IF THE ZONING BOARD DISAGREED WITH THE BUILDING INSPECTOR AND FELT THAT THE USE WAS, UM, MEETING THE ZONING AND, AND ALLOWED TO RESUME, UH, OR WAS LEGALLY NONCONFORMING OR WAS LEGALLY NONCONFORMING, THEN THERE WOULD BE NO NEED FOR EITHER THE USE VARIANCE OR A MEETING WITH THE TOWN BOARD.
UM, SO ULTIMATELY THAT DECISION, UM, WILL, WHAT WILL BE EXTREMELY PERTINENT ON WHETHER, YOU KNOW, IT'S NECESSARY TO, YOU KNOW, PURSUE A ZONING TEXT AMENDMENT.
UH, THE TOWN BOARD IS NOT OPINED, I DON'T EVEN KNOW THAT THEY'RE AWARE, UM, THAT THE APPLICANT HAS THIS DESIRE, OH.
UM, THEY'VE SIMPLY SUBMITTED A LETTER OF ADJOURNMENT TO THIS BOARD.
AND I'M MISTAKEN INDICAT, THEY HAVE A DESIRE TO PURSUE THAT ROUTE.
BUT IT WAS MY UNDERSTANDING THAT YOU HAD INDICATED THAT YOU WOULD GO SET, SETTING UP A MEETING NEXT WEEK.
THERE WAS SOMETHING THAT WAS GONNA HAPPEN NEXT, NEXT WEEK.
I THINK WHEN, WHEN ANYONE EXPRESSES A DESIRE, UM, TO POTENTIALLY SEEK A ZONING TEXT AMENDMENT, THE TYPICAL RESPONSE THAT I GIVE ANYONE IS I'D LIKE TO MEET WITH YOU, UNDERSTAND, YOU KNOW, WHAT YOU'D LIKE TO, YOU KNOW, WHAT YOUR PLANNING, YOU KNOW, UM, METHODOLOGY IS FOR THAT.
AND THEN, UM, THAT'S THE TYPICAL PROTOCOL.
AND THEN THEY WOULD ULTIMATELY MEET WITH THE TOWN BOARD IN A WORK SESSION AND, UH, RELAY THE SAME DESIRE.
JUST, UM, HAVING, WAIT A MINUTE.
SO WE ARE STILL WAITING FOR EVE ON, ON THE
[01:40:01]
ISSUE.OH, I'M WAITING TO HEAR EVERYTHING FIRST.
I, I, I JUST WENT THROUGH THIS LETTER THAT CAME TODAY AT SIX 30, I GUESS, UM, OR FIVE 30.
IT DOESN'T APPEAR TO ME THAT THERE IS ANYTHING NEW EXCEPT FOR THE DISPOSITION OF A, AT THE VERY END, THE TOWN OF THE TOWN COURT NOTIFIED CHARGES HAVE BEEN DISMISSED.
EVERYTHING, THE WHOLE LETTER SEEMS TO REFER TO PREVIOUS SUBMISSIONS.
THE DOCUMENTS THAT ARE ATTACHED, WE, WE HAVE HAD, THERE, THERE DOES NOT APPEAR TO BE, THIS SEEMS, FROM WHAT I CAN SEE IS TRYING TO RESPOND TO SOME OTHER COMMENTS.
IT, I SEEM TO BE HEARING REPETITIVE DOCUMENTS ON FROM THEM AND FROM THE, THE COMMUNITY.
AND SO I'M NOT SURE WHAT ADJOURNING GETS US AS OPPOSED TO CLOSED FOR A DECISION.
UM, I DON'T SEE A LOT OF NEW INFORMATION COMING.
YEAH, I, I WOULD AGREE WITH THAT.
I THINK IT'S JUST PACKAGED IN DIFFERENT WAY TO ANSWER THE TWO QUESTIONS THAT WE ASKED THEM.
AND IN, IN FACT, THEY DIRECTLY ANSWERED THEM WITH EXHIBITS THAT THEY HAD PREVIOUSLY GIVEN US OR DIRECTED US TO THOSE EXHIBITS.
WHICH IS, YOU KNOW, SHOW FINANCIAL HARDSHIP AND, AND OR, YOU KNOW, UH, SHOW US THAT THIS HAS BEEN IN, YOU KNOW, THAT THIS HAS BEEN A WOOD AND MULCH BUSINESS, YOU KNOW, FOR AN EXTENDED PERIOD OF TIME AND THEY GAVE US THE SAME MATERIALS, AT LEAST ON THE, UM, INTERPRETATION.
IT, IT MAY HELP, UM, BECAUSE IT'S, IT'S A LITTLE DIFFICULT TO KEEP TRACK.
MAYBE IF WE COULD JUST ON, JUST ON THE INTERPRETATION QUESTION POSE RIGHT DOWN THE LINE, A QUESTION TO EACH MEMBER, WHETHER YOU'RE IN ONE OF THREE POSITIONS, YOU FEEL CONFIDENT THAT YOU'RE READY TO, UM, EITHER AGREE WITH THE BUILDING INSPECTOR, YOU FEEL CONFIDENT THAT YOU'RE READY TO DISAGREE WITH THE BUILDING INSPECTOR, OR THE ONLY OTHER OPTION I CAN SEE IS YOU NEED MORE TIME TO EITHER READ WHAT WAS SUBMITTED TONIGHT OR REQUEST ADDITIONAL INFORMATION.
I I, I TEND TO THINK THAT THOSE ARE KIND OF THE ONLY THREE OPTIONS.
SO, UM, IF IT'S OKAY, IF THE BOARD, YOU KNOW, WOULD LET, WE CAN STRAW POLL THAT RIGHT NOW AND SEE WHERE YOU LINE UP ON THAT FIRST SINGULAR ISSUE.
JUST REMEMBER, THE REASON FOR THE REQUEST WAS NOT BASED ON ANYTHING IN PARTICULAR OTHER THAN, I'M SORRY, THE REQUEST FOR WHAT? REQUEST FOR THE ADJOURNMENT.
WAS TO ALLOW THEM TO GO TO THE TOWN BOARD FIRST.
SO THAT'S REALLY THE RATIONALE FOR THEIR REQUEST.
SO KEEP THAT IN MIND WHEN YOU'RE ANSWERING THAT QUESTION.
SO IN OTHER WORDS, IF THE TOWN BOARD DOES NOT PROVIDE THEM ANY RELIEF, THEN THEY WANNA COME BACK HERE, THEN THEY'RE GONNA COME BACK HERE.
ON THE OTHER HAND, IF THE TOWN BOARD DOES GRANT THEM SOME, UH, RELIEF IN THAT RESPECT BY, UH, AMENDING THE ZONING ORDINANCE, THEN IT WOULDN'T HAVE TO COME, YOU WOULDN'T HAVE TO DO ANYTHING IN THE RIGHT.
BUT IF WE DON'T ADJOURN IT AND THE TOWN BOARD, THEY GO TO THE TOWN BOARD AND THE TOWN BOARD ISN'T INTERESTED IN WORKING WITH THEM, THEN THEY CAN'T COME BACK HERE.
IF WE DECIDE, I'M SORRY, SAY THAT AGAIN.
IF WE CLOSE FOR DECISION ONLY ON BOTH ISSUES, THAT THEY GO TO THE TOWN BOARD AND THE TOWN BOARD ISN'T INTERESTED IN CHANGING THE ZONING ORDINANCE, THEN THEY CAN OR CANNOT COME BACK TO THE Z B A.
WELL, IF YOU'VE DECIDED IT, THEN, UH, PRESUMABLY IF YOU CLOSE, IF A DECISION ONLY YOU HAVE UP TO 60 DAYS TO, TO ISSUE A DECISION.
UH, BUT IF YOU'VE ISSUED THE DECISION, THEN THEY HAVE A, THEY'RE UP AGAINST IT BECAUSE THEY'D HAVE 30 DAYS TO APPEAL AND THAT'S
IT'S A, IT'S A PROCEDURAL THICKET.
BUT, BUT I DO THINK THAT THE DECISION ON THE INTERPRETATION IS VERY PERTINENT BECAUSE THE TOWN BOARD WILL NOT WANT TO EVEN ENTERTAIN A DISCUSSION ABOUT WHETHER IT SHOULD REZONE FOR THIS SITE UNTIL IT KNOWS YOUR DECISION THERE.
SO THAT, THAT'S A VERY PERTINENT DECISION TO MAKE.
AND AGAIN, IT'S WHETHER YOU'RE READY TO MAKE THAT DECISION TONIGHT OR IF YOU NEED MORE INFORMATION OR IF YOU NEED MORE TIME TO, UM, YOU READ WHAT WAS SUBMITTED TONIGHT OR YOU KNOW, I'M READY TO DECIDE.
SO WHY DON'T WE JUST, IF WE COULD, I'LL GO I GOING THIS WAY, LET'S JUST, ALL RIGHT, SO SH SHAUNA, DO YOU
[01:45:01]
AGREE WITH THE BUILDING INSPECTOR DISAGREE, OR DO YOU WANT HOLD OFF AND GET MORE INFORMATION? I AGREE WITH BUILDING INSPECTOR.SHAUNA, YOU AGREE WITH THE BUILDING INSPECTOR DIANE? I AGREE WITH THE BUILDING INSPECTOR CHRISTIE, I AGREE WITH THE BUILDING INSPECTOR EVE.
INSPECTOR LEWIS, I AGREE WITH THE BUILDING INSPECTOR WILLIAM, I AGREE WITH THE BOARD.
NO, I AGREE WITH THE BUILDING INSPECTOR.
OKAY, SO IN THAT INSTANCE, YOU'VE BEEN PROVIDED THE OPPORTUNITY TO HAVE MORE, ALRIGHT, SO THAT, I THINK THAT'S VERY CLEAR.
UM, SO IN THAT INSTANCE, UM, IT SEEMS AS IF THE BOARD'S READY TO CLOSE FOR DECISION ON THAT MATTER AND THEN THAT WILL BE WRITTEN UP FOR YOU.
UM, NOW IT'S, YOU CAN, YOU CAN ALMOST POSE THE SAME QUESTION FOR THE USE VARIANCE.
DO YOU FEEL THAT YOU UM, WANT MORE TIME TO READ THIS INFORMATION, GET MORE INFORMATION, OR, UM, RESPECT THE APPLICANT'S REQUEST FOR AN ADJOURNMENT SO THAT THEY CAN GO PURSUE, UM, WHATEVER IT IS THEY SEEK TO DO WITH THE TOWN BOARD.
BUT THEY CAN DO THAT REGARDLESS? THEY CAN DO REGARDLESS.
WHY DON'T YOU START AT THE OTHER END,
UM, SO DO YOU UNDERSTAND THE QUESTION? CAN YOU RESTATE THE QUESTION? DO YOU FEEL THAT YOU'RE IN A POSITION TO GRANT OR DENY THE USE OF VARIANCE AT THIS VERY TIME? OR ALTERNATIVELY, DO YOU FEEL THAT YOU, UM, NEED MORE INFORMATION AND OR WANT MORE TIME TO READ WHAT WHATEVER WAS SUBMITTED TONIGHT? I THINK I WOULD JUST TAKE MORE TIME TO READ WHAT WAS SUBMITTED TONIGHT TO BE ABLE TO MAKE A SO ADJOURN.
UM, LEWIS, I NEED MORE TIME TO READ, TO REVIEW THE INFORMATION THAT WAS SUBMITTED.
UH, E I ALSO HAD INDICATED THAT, UM, GETTING THIS THE WAY IN WHICH I, I RECEIVED IT, I HAVE NOT HAD TIME TO REALLY THOROUGHLY LOOK AT IT AND I, I REALIZED THAT, UH, IT WAS NOT EVEN AVAILABLE TO ANYONE ELSE PRIOR TO THAT TIME EITHER.
CHRISTIE? OH, I'M READY TO MAKE MY DECISION.
UM, DIANE, I'M READY, BUT BECAUSE OTHERS ARE NOT, I WOULD ADJOURN.
OKAY, SO THAT'S FOUR FOR, UH, ADJOURNING AND SEAN? I AGREE WITH DIANE.
SO WE, UM, HAVE MAJORITY THERE THAT AGREES TO ADJOURN AND THE APPLICANT DID REQUEST ADJOURNMENT TO, UH, DECEMBER 14TH AS OPPOSED TO NOVEMBER.
ARE YOU IN IN FAVOR OF THAT TWO MONTHS? I, I DON'T, WELL, THE REASON I WOULD, I WOULD, JUST A MINUTE, LET ME, LET ME HEAR THE REASON.
I, I BELIEVE THE REASON WAS, GOING BACK TO WHAT I SAID BEFORE IS THAT IF YOU ARE GOING TO AGREE WITH THE BUILDING INSPECTOR ON THE INTERPRETATION AND THEREFORE DENY THE REQUEST FOR AN ADJOURNMENT, THEN THE TOWN BOARD WOULD HAVE THE BENEFIT OF THAT DECISION SO THEY CAN GO FORWARD WITH DETERMINING WHETHER YOU KNOW WHAT TO DO.
UH, THEY WOULD TO ENTERTAIN THE APPLICATION FOR ZONING CHANGE AMENDMENT.
AND THAT WAS THE REASON FOR THE TWO MONTH ADJOURNMENT AS OPPOSED TO THE ONE, BECAUSE THAT PROBABLY WOULDN'T HAPPEN IN ONE MONTH.
IT'S POSSIBLE BECAUSE THERE WAS SOME TALK ABOUT MEETINGS BEGINNING NEXT WEEK, WHICH STAFF, IT WAS POSSIBLE THAT THAT WOULD BE DONE BY DECEMBER.
BUT THAT, BUT THAT THE REASON WE'RE ADJOURNING IS TO GIVE US TIME TO READ THE MATERIALS THAT THEY SENT, WHETHER OR NOT THEY HAVE TIME TO GO TO THE TOWN BOARD.
NO, I'M JUST GIVING YOU THE REASON.
YEAH, WE WERE AT THE POINT POINT.
IN GENERAL, IT SEEMS THERE'S NO HARM IF YOU ADJOURN TO NOVEMBER AND IF MORE TIME IS NEEDED.
FOR INSTANCE, IF THE TOWN BOARD'S WORK SESSION AGENDA IS SUCH SO LOADED THAT THEY DON'T HAVE TIME TO ENTERTAIN THIS MATTER, YOU KNOW, I IMAGINE THEY WOULD ABSOLUTELY RE REQUEST, UH, TILL DECEMBER.
I WOULD, AGAIN, I I'M NOT AS FAMILIAR WITH PROCEDURAL ISSUES, SO WHAT I MAY BE SAYING IS WRONG, BUT IF WE'RE SAYING THAT THERE WILL BE OPPORTUNITY FOR COMMENT, UH, WHENEVER THIS IS ADJOURNED UNTIL, I WOULD SAY THAT IT MAY BE MORE DIFFICULT FOR THE COMMUNITY TO COME AT HOLIDAY TIME.
AND SO YOU WANTED JANUARY? I WOULD SAY NOVEMBER OR NO, NOVEMBER.
I WOULD SAY NOVEMBER OR JANUARY.
BUT I DON'T THINK IF, IF PART OF, IF WE'RE OPEN, KEEPING IT OPEN TO COMMENT TO DO IT RIGHT NEAR THE HOLIDAYS WOULD NOT BE IN MY MIND A GOOD IDEA.
WELL USUALLY OUR MEETINGS, UH, TRY TO TAILOR,
[01:50:01]
UH, HOLIDAY TIMES SO THAT PEOPLE ARE NOT PARTICULARLY AWAY ON VACATION OR SCHOOL IS OUT OR THINGS OF THAT NATURE.AND THE OTHER THING IS WHAT WE'VE HAD, UM, PRIMARILY NOW IS WE'VE HAD THE CIVIC BOARDS PRESENTING THEIR OBJECTION, THEIR OBJECTIONS, BUT THEY ALSO DO IT IN WRITING.
AND WHETHER THEY DO IT IN WRITING OR IN PERSON, IT IS STILL SOMETHING THAT WE ACKNOWLEDGE AS PART OF THE RECORD.
I JUST WANTED TO RAISE THE ISSUE.
WHEN IS KIRA, WHEN'S THE DECEMBER MEETING? DECEMBER IS DECEMBER PROBABLY THE 14TH, CORRECT? YEAH.
OH, I THOUGHT IT WAS THE 17TH.
MAYBE I'VE GOT THE WRONG MUTE.
RIGHT? OKAY, I TAKE THAT ALL BACK.
I CONFUSED WITH NEXT YEAR'S DECEMBER MEETING, WHICH I THINK IS THE 17TH.
MY RECOMMENDATION WOULD BE TO JUST ADJOURN TILL NOVEMBER.
UM, IF, IF IN THE INTERIM THERE'S DISCUSSIONS WITH THE TOWN BOARD AND THE TOWN BOARD NEEDS MORE TIME ON THIS, UH, USE VARIANCE MATTER.
UM, I I BELIEVE THAT WE DON'T NEED TWO MONTHS TO REVIEW THIS INFORMATION THAT WAS SUBMITTED.
YEAH, I MEAN I'M ADJOURNING SO WE CAN REVIEW THE MATERIAL NOT TO THE TOWN.
AGAIN, I THINK THE RATIONALE FOR THEIR REQUESTED DECEMBER TO GO TO TOWN BOARD ACTS FAVOR WEEK.
THEM, IT DOESN'T HAVE TO COME BACK HERE, BUT IT STILL DOESN'T NEGATE THAT THEY WENT THERE THEN.
I'M JUST, I'M JUST TELLING YOU THAT'S THE RE THAT WAS THE REASONING FOR THE DECEMBER AS OPPOSED TO NOVEMBER.
THAT'S, THAT'S FINE FOR THEM, BUT IT HAS NOTHING TO DO WITH OUR ABILITY TO REVIEW THE INFORMATION THAT THEY GAVE US AT A LATE MOMENT.
WHAT I WAS SAYING IS THAT YOU DON'T HAVE TO REVIEW IT IF THE TOWN BOARD ACTS FAVORABLY TO THEIR, YOU KNOW, ON THEIR REQUEST, NEVER HAS TO COME BACK NOVEMBER 16TH.
SO DO YOU NEED A MOTION? NO, NO, NO, NO.
WE'LL FIRST LET'S, WE STATE A MONTH, UM, THAT THE BOARD'S AND THEN WE CAN MOVE ON.
WE RIGHT THE NOVEMBER OR DECEMBER.
WE'RE NOT, WE'RE WE'RE IN DISCUSSION PERIOD.
WE'RE NOT DECEMBER, I'M SORRY.
WHERE DO WE SEE DECEMBER'S MEETING? 14TH.
SO WHERE ARE WE TIME-WISE? NOVEMBER.
BUT, UM, BASED ON ED'S COMMENTS, IF WE'LL FEEL DECEMBER'S BETTER, THEN THAT'S FINE TOO.
I, I WASN'T TAKING A POSITION.
DECEMBER FOR YOU, IT DOESN'T MATTER.
YOUR COMMENT PROVIDED US DATA AND INFORMATION.
SO YOU HAVE JULY, NOVEMBER, NOVEMBER AND FEBRUARY.
OH, SO WHICH DECEMBER 14TH, DECEMBER.
BECAUSE MORE PEOPLE DO
IN MY STRAW ALL I HEARD WAS NOVEMBER AND ALL OF A SUDDEN.
YEAH, I DO HAVE SOMETHING I I WANTED TO BRING UP THOUGH.
IS IT ACCURATE THAT THEY'RE NOT BRINGING IN ANY ADDITIONAL WOOD THAT THEY'RE PROCESSING AT THIS TIME? YES.
SO THE, UM, APPLICANT IS NOT PERMITTED TO BRING, UH, WOOD ONTO THE SITE.
SO WHATEVER THEY'RE DOING, THEY'RE GETTING RID OF WHAT'S THERE.
SO I GET, AND ALSO IN THE SPIRIT OF LIKE, WE DON'T KNOW WHAT NOVEMBER, WE KNOW WE HAVE TWO CASES FOR NOVEMBER AND WE KNOW WE HAVE SLOTS AVAILABLE THERE.
YOU KNOW, HYPOTHETICALLY THERE COULD BE AN ONSLAUGHT OF APPLICATIONS THAT LOAD UP IN DECEMBER.
SO, UM, THERE'S ALSO THAT AS WELL.
AS FAR AS A RECOMMENDATION FOR NOVEMBER 2ND, HE'S GONNA MAKE THE DECISION FOR US.
I THINK NOVEMBER'S LOGICAL TYPICALLY.
AND THEN IF IT NEEDS I FOR NOVEMBER, YOU CAN ALWAYS, YOU CAN ALWAYS PUSH IT TO DECEMBER.
UM, I I ACTUALLY JUST REALIZED THEY REQUESTED DECEMBER.
I ASSUMED IT WAS NOVEMBER, BUT, OKAY.
[01:55:01]
IN THE OTHER DIRECTION HERE.SO NOVEMBER, SO WE'RE ADJOURNING TILL NOVEMBER.
THE USE PIECE, THE USE ADJOURNING TO NOVEMBER WHEN WE HAVE FAILED.
BUT WE'RE GOING TO, WE'RE GOING TO VOTE ON THE, THEY'LL BE READY FOR THE FIRST PART.
ARE WE, ARE WE VOTING ON THAT? YEAH, THAT'S BEEN DETERMINED.
OH, IT'S GONNA BE CLOSED FOR DECISION.
WAIT, WHAT? THE FIRST PART? OH, THE FIRST PART.
ALRIGHT, SO I THINK WE, ALRIGHT, I THINK WE'RE READY TO, UM, MOVE ON TO CASE NUMBER TWO.
BUT DO WE, DO WE DO, DOES ANYBODY EVER SAY THAT THEY PERSONALLY FEEL THAT IT'S PAINFUL TO MAKE THESE KINDS OF DECISIONS TO SOMEBODY WHO ACTUALLY IS TRYING TO MAKE A BUSINESS, UM, RUN AND BE SUCCESSFUL IN RUNNING A BUSINESS? I MEAN, I'M, I AM AGAINST IT, BUT I ACTUALLY FEEL PAIN IN MAKING THAT DECISION.
I MEAN, IF, IF, IF OUR CRITERIA FOR MAKING A DECISION WAS DIFFERENT BASED ON WHAT WE'RE SUPPOSED TO DO VERSUS THE FIVE FACTORS AND IT WAS, YOU KNOW, WE COULD LIMIT IT TO THEM FOR, YOU KNOW, I DON'T KNOW.
WELL THAT'S WHY I, TO GO OUTSIDE PETITION THE TOWN BOARD, THEY'RE, THEY'RE EXTREMELY COMMUNALLY MINDED COUPLE.
UM, THEY'VE GOT A GREAT FAMILY AND THEY'VE BEEN THERE FOR GENERATIONS.
ARE HILLS, EXCUSE ME, WHICH MONTH DID YOU ADJOURN IT TO? DECEMBER.
FAIL AFTER ED'S RECOMMENDATION.
ALL RIGHT, NEXT YOU GOTTA, YOU GOTTA STEP BY.
IS THIS HARD HILLS NOW OR WHATEVER.
L L C, NORTH WASHINGTON STREET AVENUE.
SIDETRACKING EVERYONE ON THIS ONE.
NO, YOU CAME UP WITH A GREAT IDEA.
I DIDN'T KNOW HE WAS GONNA TAKE YOU ON
I JUST WANTED, HE WAS NOT FROM THE NEIGHBORHOOD, HE WAS JUST SOMEBODY WHO DRIVES YOU.
EVERYBODY WANTS TO HAVE THINGS THE WAY THEY ALWAYS HAVE BEEN.
IT DOESN'T WANT MORE TRAFFIC ON THE SHORTCUT.
WAIT, WAIT UNTIL, WAIT UNTIL WHAT I CALL CHICK FILL COMES
SO HARTS HILLS AREA VARIANCE IS FIVE.
AREA VARIANCE IS MULTIFAMILY BUILDING COMMENTS.
I THINK IT'S A GOOD PROJECT AND I WOULD VOTE TO GRANT.
UH, AND AGAIN, I THINK MY POSITION, WHAT I WAS ASKING THEM WAS THE FOLLOWING, YOU ARE, AND AGAIN I USE HIS WORD IN TERMS OF EMPIRICAL OR DATA, BUT IT'S ONE THING TO BE SUBJECTIVE TO SAY I DON'T LIKE THE COLOR PINK DOESN'T MEAN THAT IT'S NOT A GOOD COLOR OR, YOU KNOW, I KNOW THAT ROAD 'CAUSE I TRAVEL IT FAR TOO FREQUENTLY.
AND TO ME THAT'S A BETTER EXIT STRATEGY THAN THE OTHER DRIVEWAYS OR PARKING AREAS, WHICH I DON'T EVEN KNOW IF THEY'RE LEGAL THAT EXIT ONTO THAT ROAD.
SO I DIDN'T, I DON'T SEE A MATERIAL ISSUE OTHER THAN, AND I KNOW WHAT THE UM, YOU MEAN THE DRIVEWAY? THE DRIVEWAY.
THE NEIGHBOR WAS SAYING THE NUMBER AND I WAS GONNA CLARIFY 'EM IN TERMS OF, YOU KNOW, DI MINIMUS OR JUST 'CAUSE THERE WAS FIVE VARIANCES.
THE VARIANCE THEMSELVES WERE NOT THAT GREAT.
SO EVEN THOUGH THERE WERE FIVE OF THEM, SO YOU WERE GRANT I WOULD GRANT IT AND HOPEFULLY ANYBODY I KNOW ON THAT SIDE OF TOWN DON'T BEAT ME UP.
[02:00:01]
UH, YES, I WOULD GRANT IT ME.I THINK THIS PROJECT HAS TRIED IN SO MANY WAYS TO BE A GOOD PROJECT ENVIRONMENTALLY.
MANY OF THE VARIANCES ARE BECAUSE OF THEM DOING WHAT THE PLANNING COMMISSION WILL ASK THEM TO DO.
UM, SO THE SHEER VOLUME OF VARIANCES DOESN'T BOTHER ME.
IT'S, I, YOU KNOW, I, I WOULD GRANT IT.
SO LOU, REMEMBER WHEN YOU WERE ASKING ONE, THE ONE BEFORE ABOUT DO YOU EVER FEEL BAD? I, THIS IS ONE WHERE I, I VOTE TO GRANT IT, BUT I ACTUALLY FEEL REALLY BAD FOR THE NEIGHBORS AND I DO THINK IT'S GONNA CHANGE THAT NEIGHBORHOOD.
BUT I THINK THE VARIANCES THEY'RE ASKING FOR ARE VERY MINOR AND UM, AND THEY'RE REALLY GOING OUT OF THEIR WAY WITH THE LANDSCAPING AND EVERYTHING AND PUTTING THE PARKING UNDERGROUND.
BUT AT THE SAME TIME, I, I, I FEEL FOR THE NEIGHBORS.
UM, BUT UH, BUT YEAH, I THINK, YOU KNOW, OUR JOB IS TO LOOK AT THE ZONING LAWS WE HAVE AND TO ABIDE BY THEM.
AND I THINK THAT THEY'VE, YOU KNOW, WE SHOULD GRANT IT.
I AGREE WITH DIANE
WHICH WAS SOMETHING THAT THE, UM, CAN'T REMEMBER HIS NAME, WHO CAME UP AND SAID THAT, YOU KNOW, WE'RE CHANGING THE ZONING.
WHAT THEY'RE ASKING FOR IS ACTUALLY VERY MINOR.
AND I THINK ACTUALLY THAT THE NEIGHBORS ARE PROBABLY GETTING MORE WITH REGARD TO THE LANDSCAPING AND GETTING, YOU KNOW, THE SHRUBBERY AND EVERYTHING AS A CONCESSION BECAUSE THEY'RE ASKING FOR THESE VARIANCES, WHICH THEY DON'T HAVE TO DO.
THEY'RE GETTING A BETTER PRODUCT.
AND I ALWAYS THINK NOW OF HOW DIFFICULT WE'RE HAVING WITH PEOPLE FINDING HOUSING.
AND HOUSING DOESN'T MEAN BUYING A HOUSE NECESSARILY THESE DAYS.
IT MEANS FINDING A PLACE TO LIVE.
THERE WILL BE ONE AFFORDABLE UNIT, UH, OF THE EIGHT, WHICH IS ALSO A POSITIVE.
AND UM, THE BUILDING ACTUALLY, THE ZONE ALLOWS THREE STORIES, 38 FEET.
UH, THIS IS A TWO STORY BUILDING.
UM, SO IN TERMS OF NEIGHBORHOOD CHARACTER, I THINK IT, YOU KNOW, I THINK YOU DOING THE BEST THEY CAN WITH THE DESIGN.
DESIGN ESSENTIALLY IT IS A MIXED NEIGHBORHOOD WHEN YOU THINK OF THE STREET AS A WHOLE.
MY BIGGEST CONCERN IS PARKING.
I DON'T, I I THINK OF WITH VISITOR PARKING, I THINK, WELL THAT WOULD, THAT WOULD'VE BEEN A SECONDARY QUESTION.
I MEAN, THE SANITATION ISSUE WAS A BIG ONE.
THAT WAS, THAT WAS, THAT WAS A GOOD ZINGER.
BUT IF THEY, AND THEY KIND OF SAID THAT THEY WERE POTENTIALLY THINKING OF CARTING, UM, I DON'T KNOW IF WE COULD STIPULATE THAT BECAUSE NO, HE SAYS IT WAS GONNA BE PRIVATE.
BECAUSE YOU KNOW, IF IT'S THE ONE ARM BANDIT AND THERE'S ONE CAN, YOU KNOW, THERE ARE LIKE, THERE ARE, THEY HAVE SIX OF THOSE LITTED THINGS THAT YOU HAVE TO DO PRIVATE CARTING FOR, DON'T YOU? YEAH.
I BELIEVE IT WILL BE PRIVATE CARTING.
THEY DO HAVE A RATIO OF 2.25 PER UNIT AND UM, YOU KNOW, OBVIOUSLY IN THE TOWN THERE ARE SOME, UM, BUILDINGS THAT HAVE PARKING CHALLENGES.
AND I CAN ASSURE YOU THEY DON'T HAVE 2.25 UNITS, UH, PARKING SPACES PER UNIT AT THOSE EXAMPLES.
A LOT OF TIMES WE FIND SOMETIMES UNDER ONE OR RIGHT AROUND ONE.
UM, SO, UM, WHILE YOU HAVE, SOME PEOPLE HAVE THREE PARKED CARS IN AN APARTMENT, I SUPPOSE IT'S AN ANOMALY AND 2.25, I FEEL CONFIDENT THAT, UM, IT'S WELL PARKED AND IT IS WALKING DISTANCE TO THE TRAIN STATION.
AND, AND FOR ELECTRIC VEHICLE CHARGING STATIONS, I THINK THEY ARE GONNA PUT ONE.
IT'S NOT AROUND OWNER PARKING.
BUT THEY'RE NOT REQUIRED TO HAVE THAT.
SO, AND IT'S ILLEGAL TO PARK ON STREET.
SO, UM, YEAH, I WOULDN'T, BUT I GET IT.
SO IS SOMEBODY UP TO WRITING THIS UP OR HOW ARE WE GONNA DO THIS CLOSE FOR DECISION? CLOSE FOR DECISION ONLY.
I THINK CLOSE FOR DECISION ONLY.
BUT IF YOU TAKE IT OVER FOR ROW
THIS, I THINK IF YOU WANT ME TO WRITE IT OFFLINE, I'LL DO IT.
[02:05:01]
IF THAT'S MORE WORK FOR YOU, WE CAN CLOSE IT FOR DECISION ONLY.SO WE, WE, WE, WE DO HAVE THE BASIC, UM, TEMPLATE READING OF IT PREPARED, UM, AND WITHOUT, UM, OTHER SPECIAL CONDITIONS.
UM, BECAUSE AS A SITE PLAN THEY'LL REALLY BE DOING A LOT OF CONDITIONING.
UM, IT DOES EQUATE TO, UM, A FAIRLY ROUTINE DECISION.
SO SHOULD WE PASS, WELL I THINK CHRISY YOU SAID YOU WERE GONNA DO IT.
YOU HAVE FINDINGS ON THERE, THE FACTUAL FINDINGS.
UM, I MEAN I WAS JUST GONNA TAKE FROM HIS AND DO YOU 25 PAGE, DO YOU FEEL STRONGLY ENOUGH TO INCLUDE A RECOMMENDATION THAT THE TOWN BOARD LOOK AT REQUIRING, UH, THE ISSUE OF GUEST PARKING? ME? NO, I WOULD NOT REQUIRE THAT.
YOU WANNA OPEN THAT? I DON'T THINK WE DO THAT AT FOR THIS CA ON THE CASE.
I THINK THAT'S SOMETHING, NO, I'M JUST SAYING BECAUSE YEAH, I THOUGHT IT WAS YOU WAS SO THAT CHRISTIE, PLEASE, I, I TAKE A LOOK AND SEE WHAT YOU, BUT I DON'T THINK IT'S AN ISSUE FOR THIS CASE.
I THINK IT'S AN ISSUE FOR FUTURE.
I'M SAYING IS THE LANDSCAPE BUFFER PART OF IT.
THE ISSUE HAS COME UP AND YOU REFER, APPROVED THE APPROVED PLANS INTENTION OF THE TOWN BY REFERENCING THE APPROVED, AN APPROVED PLANS THAT MAY LOOK PLANS SUBMITTED TO, I THINK ONE OF THE CIVIC ASSOCIATIONS IS ACTUALLY GONNA WRITE TO THE TOWN BOARD ABOUT IT.
OH, SCRATCH THAT OUT ACTUALLY.
UM, SO WE'RE GOING, WE'RE GONNA' VOTE ON THAT.
DO WE HAVE TO? NO, I'LL HAVE TO DO THE FINDINGS MYSELF 'CAUSE THERE'S NO YEAH, NO PROBLEM.
YOU'RE OKAY WITH THAT PART? SO I'LL JUST READ THE MOTION.
AND THEN ARE THERE ANY CONDITIONS OTHER THAN THE TYPICAL BOILER PLATE THAT YOU WANT TO NO.
'CAUSE THE LANDSCAPING'S WORKED INTO THE PLAN SIMPLY REFERENCING THE PLAN, THE ISSUE OF, UH RIGHT.
BUT THIS ISN'T THE RIGHT, IT'S ALL SITE PLAN.
BOARD BOARDS CAN HAVE A WHOLE HOST OF CONDITIONS ASSOCIATED WITH THIS PROJECT.
THEN THEY HAVE THE REVISED LANDSCAPE PLAN HERE.
'CAUSE THERE WERE TWO, THEY SENT ONE ON THE FIFTH AND ONE ON THE SIXTH.
SO IT SAYS THE SIXTH, RIGHT? YEAH.
I I, I DO WANNA APPLAUD THEM FOR LISTENING, MOVING THE FENCE TO THE PROPERTY LINE.
AND ACTUALLY THE DESIGN THEY CAME UP WITH, THEY COULD, IT IS VERY ATTRACTIVE AND NICER THAN THE OTHER ONE WAS.
SO, AND YOU KNOW, THEY, THEY HEARD US LOUD AND CLEAR THAT DON'T PUT A FENCE NOT ON YOUR PROPERTY.
I WOULD RAISE, IS THAT, I BELIEVE HE SAID THE SETBACK FROM THE PATIO WAS 3.66.
HE SAID 3.8 AND THEN THE DISTANCE FROM THE POOL TO THE PROPERTY LINE IS FIVE.
I SEE WHERE HE SAID 3.66, WHICH WAS ACTUALLY WHAT WAS IN THE AGENDA.
I DON'T KNOW WHAT WAS IN THE LEGAL NOTICE WAS 3.67.
IT, IT WAS CONVERTED TO DECIMAL POINT.
HE CONVERTED BUILDING THE, AND THE BUILDING.
WE HAVE THE, UM, WE HAVE THE BUILDING INSPECTOR, UH, MEMO AS WELL.
SO I, I I CAN, UM, HE SAID WHAT THREE POINT, HE SAID LIKE THREE FEET, FOUR INCHES, WHICH IS 3.66.
HE SAID LIKE WHATEVER THE CONVERSION IS, WROTE DOWN 3.8.
WHEN I, WHEN HE, WHEN HE ASKED THAT QUESTION.
AND HE SHOWED IT ON THE THREE, I THINK 3.8 INCHES IS EQUIVALENT TO 3.66 FEET OR SOMETHING LIKE THAT.
SO, UM, I WOULD REFERENCE 3.6 IS FINE.
SO WE'RE GRANTING THAT TONIGHT.
WELL, WE HAVEN'T OH, TAKE A TAKE VOTE.
YOU NEED TO, UM, KEEP STRAW PAUL, STRAW PAUL, AND CONTINUE DISCUSSIONS IF YOU NEED TO.
IS WHAT
SHE, WHICH IS THAT THEY DID A REALLY GOOD JOB.
IT LOOKS BETTER THAN THE PLANS.
AND I WOULD VOTE TO GIVE THEM THE VARIANCE.
ALRIGHT, SO BASICALLY GRANT OR DENY? GRANT.
[02:10:01]
LOOKING ME FOR OKAY.WHO WANTS TO RECITE THAT ONE? OH, I'LL, I'LL DO THAT.
23, 27 16 HOMEWOOD ROAD, WHICH IS THE LEGALIZING THE PATIO ON THE SUBJECT PROPERTY THAT WAS THERE SINCE 20, 20 15 OR 16.
IF YOU LOOK AT THE PICTURES, IT, IT LOOKED LIKE THE, THE, THE ONLY PERSON WHO COULD COMPLAIN WAS THE NEIGHBOR NEXT DOOR.
WHO A DIDN'T COMPLAIN AND SUPPORTED IT.
AND WITH THE PHOTOS, WITH THAT SCREEN OF BIG BUSHES AND TREES.
I, I WOULD GRANT, I WOULD GRANT AS WELL.
I WOULD GRANT THE NEIGHBORS ON THE OTHER SIDE HAVE THE SAME PROBLEM I HAVE.
SO I WOULD GRANT THIS, BUT I WOULD JUST REMIND EVERYBODY THAT, UM, ABOUT A YEAR AND MAYBE A YEAR AND A HALF AGO, YOU KNOW, THIS 'CAUSE IT WAS MY NEIGHBOR ON ANDOVER ROAD THAT WE HAD A CIRCUMSTANCE LIKE THIS WITH A PATIO THAT, UM, AND IT HAD BEEN THERE FOR LIKE 20 YEARS AND WE MADE THEM TAKE UP A BORDER OF THE PATIO.
'CAUSE IT WENT LIKE RIGHT UP TO THE PROPERTY LINE LIKE THAT.
BUT, UM, IN OTHER CASES WE'VE MADE PEOPLE TAKE UP PORTIONS OF THE PATIO.
IT DEPENDS ON USUALLY OTHER FACTORS, AT LEAST IN MY EXPERIENCE.
WHAT, HOW IT, HOW IT, HOW IS IT EXPOSED? UM, HOW, YEAH.
SCREENED, IT'S CLEARLY THIS IS SCREENED.
I MEAN, DO YOU WANNA MAKE IT A REQUIREMENT THAT THE, THE WALL OF BUSHES MUST BE MAINTAINED? WELL THOSE, THE DEER DESTROYED THOSE.
'CAUSE MINE LOOK THE SAME WAY.
OH, THEY DEER ARE THEY? NO, THAT'S DEER.
THAT'S DEER CAMPAIGN TO REMOVE THE DEER.
THE DEER OR THE MOVE THE DEER.
MY EVERYBODY JUST ABOUT THE, THAT CASE YOU REFERRED TO, DO YOU REMEMBER WHAT THE SETBACK WAS? IT WASN'T, I THINK IT WAS LESS THAN THREE FEET.
I THINK IT WAS LIKE ABOUT ONE FOOT OR TWO FEET.
AND SO IT WAS INSUFFICIENT TO PROVIDE SPACE FOR LANDSCAPING.
RIGHT? I THINK IT WAS RIGHT ON THE LINE.
THE LAST, IT WAS A FOOT OFF THE LINE OR SOMETHING.
YOU'RE INCLINED TO GRANT THIS TO GRANT WITH A PLANT, WITH A LANDSCAPING WORK CONDITION.
WELL THAT ISN'T THAT LANDSCAPING, THE NEIGHBOR'S LANDSCAPING THAT'S THERE? WELL, YOU CAN'T ALONG NOT ACCORDING TO THE, ON THE NEIGHBOR.
NOT ACCORDING TO THE UH, THAT'S MORE THAN THREE FEET.
WELL, SOME OF IT IS ON THEIR PROPERTY AND THEN IT KIND OF WANDERS OVER.
BUT THERE'S ROOM THREE AND IT'S ALMOST, IT'S THREE AND A HALF FEET.
WELL, I'M SAYING, SAYING IS I, I WOULD BE COMFORTABLE WITH THE CONDITION THAT, I MEAN, I'M COMFORTABLE EITHER WAY.
I JUST WANTED TO REMIND EVERYBODY.
BUT IF WE PUT A CONDITION ON IT THAT THEY HAVE TO MAINTAIN SCREENING.
BUT YOU WANT TO BE ABLE TO, IF YOU'RE NOT DOING IT HERE, YOU WANT TO BE ABLE TO DISTINGUISH, DISTINGUISH WHY.
AND DISTINGUISH AND MITIGATE BY, IF THERE'S ENOUGH ROOM TO PUT IN SCREEN BASED HAVE WHAT? BASED ON THE MAIL ME ONE EMAIL YOU ONE AND GIVE YOU ONE TONIGHT.
I THERE ENOUGH ROOM TO SCREEN.
I MEAN THE WAY THEY PRESENTED, I'LL JUST, JUST DRAFT OFF.
SO IF YOU WANT IT, JUST AS A SIDE NOTE, IF YOU WANT TO GET, DON'T HAVE THE DEER EAT YOUR HEDGES.
HANG BARS OF IRISH SPRING SOAP ON THEM.
IT WON'T GO NEAR 'EM AND EAT 'EM.
I BUY, YOU KNOW THE, THOSE PLASTIC THINGS THAT YOU CAN PUT MOCKTAILS IN YOUR CLOSET? UHHUH
I BUY WHAT THESE, THEY LOOK LIKE SOAP DISHES ON A HOOK.
YOU PUT IN IRISH SPRING SOAP AND THEY WILL NOT, THEY, FOR WHATEVER REASON, THEY DON'T LIKE THE SMELL OF IT.
AND THEY WILL STAY ONE PER TREE OR MULTIPLE ON TREES.
'CAUSE I'M GONNA GO RIGHT NOW DOES GO BUY A BULK ONE ONE PER UNDER, ONE PER TREE.
LIKE WITHIN A, LIKE A FEW LIKE THIS FAR FROM
[02:15:01]
EACH OTHER AND PUT IT LIKE INSIDE OR, SO IT DOESN'T GET REALLY WET BECAUSE OTHERWISE IT'S SOAP, IT'LL WASH AWAY.I WILL BUY ENOUGH TO REPLENISH IT.
AND YOU HAVE TO GET IT LIKE ON AMAZON.
DO WE HAVE A NOMINEE TO DON'T REELL IT.
OH, SHE'S COME UP WITH THE EXEMPTION AS TO WHY DIANE WILL DO IT.
SO THAT'S DIFFERENTIATED FROM THE PREVIOUS.
IRISH SPRING SOAP IN A LIKE A SOAP DISPENSING HANG.
OTHERWISE, BECAUSE IF YOU DON'T PUT IT INSIDE PLASTIC, THE ONE IT'LL MELT AWAY.
IT'LL JUST YEAH, LIKE SOAP, LIKE IN THE SHOWER.
I WILL TRY, TRY THAT BECAUSE MY HERD RIGHT NOW, OH MY GOODNESS.
YOU KNOW, WITH THE VIEWERSHIP OF THIS BOARD, THERE'S GONNA BE A RUN ON IRISH SPRING TOMORROW.
I'LL TAKE PICTURES OF MY HEDGES, WHICH LIKE THEY USED TO BE EATEN DOWN AND UM, I DON'T, I MUST'VE LEARNED THAT PROBABLY 15 YEARS AGO SOMEBODY TOLD ME AND I PUT IT UP AND NOW THEY'RE TOTALLY, AND THEY, WHEN I WENT TO MY, YOU KNOW, MY GARDENER SAID LIKE, WHAT CAN I DO? HE GOES, THAT'S CONSIDERED DEER BAIT.
LIKE THEY'RE COMING ONTO ONTO YOUR PROPERTY TO EAT THAT.
AND, 'CAUSE I LIVE ALONG THE BRONX RIVER.
AND IT'S ALL WOODS BEHIND MY HOUSE AND I PUT IT ON THERE AND THEY'VE NEVER COME UP ANY, EVEN, NOT ONLY DOES DIANE HAVE THE THICKEST
I AND SMELLING I LIKE THE SMELL OF, AND THEY DON'T COME UP TO, UM, I'M GOING TO TRY KEEP, OKAY, SO I'M DOING THIS LAST ONE.
ARE WE, UM, ARE WE READING FINDINGS TONIGHT OR WE'RE SENDING I THINK WE VOTE.
WE NOT NECESSARILY DOING THE FINDINGS.
I BUT YOU DO NEED TO DO THE CONDITIONS 'CAUSE THAT'S PART OF THE MOTION.
SO THE, THE, IS IT DISTINGUISHING MITIGATED IRISH SPRING TAKE PHOTOGRAPHS.
I'M GONNA TAKE PHOTOGRAPHS AND HANG IT UP.
WELL I HAVE, THEY DON'T HAVE ADDITIONS.
INCORPORATE IRISH SPRING SOAP.
HAVE DEER TURKEY LIKE IN FOX COYOTE.
PUT IN, BECAUSE I FORGET POSSUMS. I HAVE POSSUMS TOO.
I HAVE A TON OF POSSUMS. I HAVE A RACCOON UNDERNEATH MY DECK TOO.
NOW THE RACCOON COMES THROUGH THE SEWER.
HE GOES FROM NEIGHBORHOOD TO NEIGHBORHOOD.
ARE WE READY TO GO? UM, JUST TWO SECONDS.
I LOVE THE LITTLE POSSUMS THOUGH.
SHE'S GOT IT ALL LINED DOWN NOW BECAUSE ACTUALLY WHAT I WAS GONNA DO, ONE OF MY OTHER NEIGHBORS, WHAT THEY DO IS THEY BURLOCK SACK FOR TREES AND IT'S USUALLY AROUND THIS TIME OF YEAR, BUT WE HAVE SO MANY THAT I KNOW THEY'RE GONNA GET SOON AND THEY'RE GONNA START ATTACKING THEM AGAIN.
WHATEVER MONTH LIKE THEY NORMALLY, BUT WHEN THEY GET THAT PERMIT.
WHAT I WAS GOING TO SAY IS THAT WE ARE RIGHT CLOSE FOR DECISION ONLY THE APPEAL ON THE APPEAL ENC FOR ALL PURPOSES ON THE RIGHT.
YOU COULD JUST, UM, ALRIGHT SO WE STILL ARE RECORDING SO, UM, WHEN YOU'RE READY YOU CAN I'M WALK RIGHT INTO IT, BUT MAKE SURE MICHAEL'S READY AS STENOGRAPHER.
YOU HAVE TO WAIT FOR MICHAEL IS LOOKS HAVE TO VERY COME BACK.
AND THEN KIND OF EVERYTHING I'LL UP.
[02:20:02]
THANKS EVERYONE.CAN I, HE'S GOT AN IRISH SPRING CUP YET, I GOTTA LET YOU KNOW.
I CAN SEE SOMEBODY TAKING THIS CONVERSATION AND PUTTING IT ON THE WRONG DIRECTION.
WE SHOULD PROBABLY TURN ON THE TAPE BIG SPACE.
UNLESS SOMEBODY WANTS TO START SINGING IT.
NO, THEY WON'T FORGET TO PUT IT BACK ON.
WELL THE SONG WAITING FOR ONE OF OUR MEMBERS TO COME BACK.
YEAH, IT'S ACTUALLY THERE'S, IT'S, YOU CAN LOOK IT UP.
IT'S ALL OVER THE INTERNET IS IT? YEAH.
I AM GOING TO TAKE YOUR WORD FOR IT AND I WILL BUY IT.
I'LL PROBABLY PUT SOME ON A STRING AND A ROPE AND I'LL PUT IT ON A FENCE.
I CAN HANG IT IT IRISH SPRING AT THIS POINT I'M GONNA CUT IT INTO DESIGNS CHRISTMAS TREES.
YOU CAN BUY A LITTLE COUPLE FROM IT.
LIKE TO KEEP THIS WORLD FROM GOING UP AND GET EXACTLY.
SO JUST TO KEEP THE RAIN OFF OF IT.
GET THE RAIN OFF IT OR A LITTLE BABY BIRD HOUSE AND JUST HANG IT IN THE TREE.
YOU KNOW, CARVE UP THE SO INTO SUPPOSEDLY IT KEEPS WILDLIFE OUT OF YOUR VEGETABLE GARDEN TOO.
I HAVE TO TELL MY MOTHER THAT IT'LL THE GROUND HALL TO HER TOMATOES YEAR.
I DON'T HAVE A VEGETABLE GARDEN ANYMORE, SO I WONDER IF IT'LL KEEP BUNS OUT OF YOUR DRAWERS.
I MEAN, WE MAKE WHOLE PLACE JUST SMALL.
I AM GOING, I PROMISE YOU I WILL TRY PEPPERMINT OIL.
WELL, THE PEPPERMINT OIL ALSO THAT AND UM, OH, THAT PEPPERMINT OIL AND WHAT'S THE OTHER OIL IS ACTUALLY A GOOD DETERRENT TO LIKE BUGS IN GENERAL.
WELL, LAVENDER, LAVENDER, LAVENDER, LAVENDER.
I, I, MOSQUITOES WERE SO BAD THIS YEAR.
I HAD LAVENDER PLANTS LIKE ON MY DECK TO KEEP 'EM AWAY.
I DIDN'T KNOW THAT'S WHAT THEY WERE DOING.
AND UM, THE LEMON VERINA VERINA I THINK KEEPS THE, UM, MOSQUITOES MOSQUITOES AWAY TOO.
WELL I'LL TELL YOU ONE THAT MY MOTHER FOUND.
I DIDN'T NEED GINGER CINNAMON.
I NEVER THEY REALLY DON'T LIKE CINNAMON.
SO THEY'LL GET RID OF THE LITTLE SUGAR ANTS MY MOTHER USED, UM, EITHER OATMEAL OR IT WAS GRITS AND IT'S GONNA SOUND CRUEL.
BUT WHAT THE ANTS DO IS THEY ACTUALLY WILL CARRY THAT BACK TO THE NEST AND IT DRIES THE NEST OUT.
'CAUSE I END UP PUTTING BAKING POWDER ON THE DOOR OR GRITS LIKE A, YOU KNOW, RICE AND THEY TAKE IT BACK TO THE NEST AND RICE.
IT WAS BASICALLY GROUND UP RICE AND IT WILL DRY THE NEST OUT.
THEY SAY YOU COULD DO THAT WITH SALT TOO.
MY MOTHER PUTS IT AROUND HER DESK AND ALL, WE'RE BACK WITH OUR DELIBERATIONS.
OKAY CHIEF, SHE TOLD ME AND OUR FIRST CASE THIS EVENING IS CASE 23 14 4 50 SEA ROAD, LL HARTSDALE GREENHOUSES.
WE ARE CLOSED FOR DECISION ONLY WITH RESPECT TO THE DETERMINATION OF THE BUILDING INSPECTOR THAT THE PROCESSING AND SALE OF WOOD PRODUCTS THAT ARE NOT GROWN OR HARVESTED ON SITE IS NOT A PERMITTED USE.
ALTERNATIVELY, NO, WITH RESPECT TO THE ALTERNATIVE RELIEF.
WITH RESPECT TO THE ALTERNATIVE RELIEF, I'M SORRY, THAT, UM, LEMME READ DOWN TO HERE.
IT IS ADJOURNED FOR ALL PURPOSES TO THE MEETING OF DECEMBER 14TH.
I DON'T, I THINK YOU'RE GONNA HAVE TO VOTE ON THAT.
ALRIGHT, WELL, NO, YOU DON'T HAVE TO DECIDED IT.
WELL, THE, WELL LET'S TRY, WE'RE NOT VOTING ON IT.
I KEEP FORGETTING WE'RE NOT VOTING ON IT.
SO DO WE HAVE, YOU'RE SAYING WE HAVE TO VOTE ON VOTE ON VOTE FOR DECISION ONLY? NO, ON THE ADJOURNMENT.
SO WITH RESPECT TO THE ADJOURNMENT
[02:25:02]
ON THE ALTERNATIVE, UM, NO, YOU DON'T HAVE TO VOTE ON THAT EITHER.SO MOVING ON TO THE NEXT CASE.
THAT IS CASE 2320 DEO ADEA, THAT'S HEART HILLS HOSPITALITY M L C.
AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SEEKER COMPLIANCE AND WHEREAS THE GREENBERG PLANNING BOARD AS LEAD AGENCY CONDUCTED A COORDINATED REVIEW AND DETERMINED THAT THE SUBJECT APPLICATION IS AN UNLISTED ACTION, WHEREAS THE GREENBERG PLANNING BOARD HAS DETERMINED THAT THE PROPOSED ACTION WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT AND ISSUED A NEGATIVE DECLARATION ON AUGUST 16TH, 2023.
WE DON'T, WE DON'T NEED TO HAVE A, A VOTE ON THAT.
SO WHO HAS, WHO HAS THE MOTION? UH, I DO.
I MOVE THAT THE APPLICATION IN CASE NUMBER 2320 BE GRANTED PROVIDED THAT THE APPLICANT'S OBTAIN 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 PLAN DATED MARCH 31ST, 2023 AND DATE STAMPED RECEIVED OCTOBER 5TH, 2023 AND THE REVISED LANDSCAPE PLAN DATED OCTOBER 6TH, 2023, SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN IN 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.
UM, BECAUSE OF THE LATENESS IN THE HOUR, UM, WE ARE NOT GOING TO HAVE THE FINDINGS READ THIS EVENING ON ANY OF THE CASES THAT WE HAVE DECIDED, BUT THAT INFORMATION WILL BE CONTAINED IN THE RECORD AS WELL AS BROADCAST TO THE, UH, COMMUNITY.
SO WE HAD ALREADY ADDRESSED CASE THE NEXT TWO CASES WHICH WERE FAILED IN INDUSTRIES AND THOSE HAVE BEEN ADJOURNED AGAIN TO NOVEMBER 16TH, 2023.
THE NEXT CASE ON OUR AGENDAS CASE.
AND WHEREAS THE GREENBERG Z B A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SEEKER COMPLIANCE AND WHERE NOW FOR BE IT, BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
DO I HAVE A SECOND? AYE SECOND.
NOW TO HAVE A MOTION ON THIS MATTER.
I MOVE THAT THE APPLICATION IN CASE NUMBER 23 DASH 23 RE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE, SAME WITH THE BUILDING DEPARTMENT.
TWO CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL ACQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLAN L DASH 1.0 DATED JUNE 13TH, 2023, LAST REVISED OCTOBER 2ND, 2023 AND DATED DATE STAMP PERCEIVED OCTOBER 6TH, 2023 SUBMITTED IN SUPPORT OF THIS APPLICATION.
OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
THE VARIANCE BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLANS SUBMITTED IN SUPPORT OF THIS APPLICATION.
ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE
[02:30:01]
VARIANCES EVEN IF THE CONSTRUCTION QUORUMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HERE.BEFORE YOU DO THAT, SINCE THE MEASUREMENTS, THE SETBACKS ARE THE SAME, IS VIRTUALLY THE SAME AS THE THE LAST CASE.
IS THERE ANY INCLINATION TO HAVE A LANDSCAPING CONDITION? NOT IF IT MATCHES THE PLAN.
YOU'RE REQUIRING IT IN THE LAST CASE.
SO THIS, THIS IN THE PLAN, RIGHT? THIS DIDN'T HAVE A FENCE.
ALRIGHT, WELL THEN I, I, WELL I'LL READ IT.
I PUT A CONDITION ON IT AND YOU CAN MAKE CORRECTIONS WHEN I READ IT HERE.
OKAY, SO WE'RE NO, WE'RE UP TO WAS DID YOU VOTE ON IT? NO, WE HAVE TO VOTE ON IT AND SECOND IT.
I DID, I DID SECOND IT BEFORE ED CAME AND INTERRUPTED ME.
AND THE LAST CASE WE HAVE IS CASE 2327 EUGENE DILIA.
WHEREAS THE GREENBERG C V A HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH THE REGARD TO C A COMPLIANCE AND NOW THE NOW THEREFORE BE IT, BE IT RESOLVED.
THAT SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
SECOND, YOU HAVE A MOTION? YES.
NOW DO I HAVE A MOTION? YES, MADAM CHAIR.
I MOVE THAT THE APPLICATION IN CASE NUMBER 2327 BE GRANTED PROVIDED THAT THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILE, SAME WITH THE BUILDING DEPARTMENT.
CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS FOR THE, EXCUSE ME, WITH THE PLANS DATE STAMPED RECEIVED SEPTEMBER 11TH, 2023 SUBMITTED IN SUPPORT OF THIS APPLICATION.
OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD, AGENCY, OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A GR A DIFFERENT OR GREATER VARIANCE THAN WHAT WE HAVE ARE GRANTING HEREIN THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENT SHOWN ON THE PLANS 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, THE FOLLOWING CONDITIONS SHOULD BE MET.
THE APPLICANT SHOULD INSTALL AND MAINTAIN NATURAL GREENERY SCREENING AT THE SIDE PROPERTY LINE TO PA TO THE PATIO.
I'LL GO LOOK AT AN OLD ONE, EXACTLY WHAT IT SAYS AND I'LL TYPE IT IN DEAD, DISEASED AND DIED.
RIGHT? THAT'S WHAT I CAME UP WITH OFF THE TOP OF MIND.
ARE WE DONE? ARE WE HAVE ONE MORE? NO, WE'RE DONE.
I BELIEVE WE ARE COMPLETE FOR THE EVENING.
AND, UM, WHILE WE MAY NOT HAVE PLEASED EVERYONE, I THINK WE DID, UH, A GOOD JOB OF TRYING TO COMPLY WITH WHAT OUR OBLIGATIONS ARE.