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[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS AGENDA THURSDAY, November 16, 2023 – 7:00 P.M. ]
OKAY, BEGIN ROLL CALL.AND NOW THE MEETING OF THE ZONING BOARD OF APPEALS FOR THE TOWN OF GREENBURG.
WE HAVE FOUR CASES THAT ARE SCHEDULED ON TONIGHT'S AGENDA, HOWEVER, CASE 2314 HARTSDALE GREENHOUSES IS CLOSED FOR DECISION ONLY AND CASE 2318.
ASPEN DENTAL WAS WITHDRAWN AS IT NO LONGER NEEDED A VARIANCE.
PLEASE NOTE THAT THE ZONING BOARD WILL HAVE OUR NEXT REGULAR MEETING ON THURSDAY, DECEMBER 14TH, 2023 AT SEVEN.
AS USUAL, IF WE CANNOT COMPLETE THE HEARING OF ANY CASE TONIGHT, IT WILL BE ADJOURNED TO ANOTHER MEETING TO HOPEFULLY BE COMPLETED AT THAT TIME.
ALSO, AS IS USUAL TO SAVE TIME, WE WILL WAIVE A READING OF THE PROPERTY LOCATION AND THE RELIEF SOUGHT FOR EACH CASE.
HOWEVER, THE REPORTER WILL INSERT THIS INFORMATION IN THE RECORD AND THE INFORMATION ALSO APPEARS IN THE, IN THE AGENDA FOR THIS EVENING'S MEETING.
AFTER THE PUBLIC HEARING OF TONIGHT'S CASES, THE BOARD MEETS IN THIS ROOM TO DISCUSS THE CASES.
WE HAVE HEARD EVERYONE HERE, EITHER HERE OR ON ZOOM, OR PERMITTED TO LISTEN AND SPEAK AND, BUT NOT TO SPEAK OR PARTICIPATE AFTER OUR DELIBERATIONS.
WE THEN ANNOUNCED TO THE BOARD'S, THE BOARD'S DECISION FOR THE FORMAL RECORD AND FOR IT TO BE BROADCAST TO THE COMMUNITY COMMUNITY.
IF YOU'RE PRESENT AND GO, WANT TO SPEAK TONIGHT, PLEASE COME UP TO THE MICROPHONE.
CLEARLY STATE YOUR NAME AND ADDRESS OR YOUR PROFESSIONAL AFFILIATION.
IF YOU'RE NOT A NAMED APPLICANT, PLEASE SPELL YOUR NAME IN THAT EVENT FOR THE RECORD.
WE'VE HEARD TESTIMONY IN SOME OF THESE CASES AT PRIOR MEETINGS, ALL PRIOR TESTIMONIES ALREADY IN THE RECORD AND SHOULD NOT BE REPEATED.
THE FIRST CASE TO BE HEARD TONIGHT ARE CASES 2321, WHERE THE APPLICANT FAIL SEEKS A SPECIAL PERMIT MODIFICATION AND RENEWAL AND 2322 WHERE THAT APPLICANT APPEALS THE BUILDING INSPECTOR'S BUILDING DETERMINATION.
GOOD EVENING, MADAM CHAIR, MEMBERS OF THE BOARD, DAVID STEIN METZ FROM THE LAW FIRM OF ZARIN AND STEIN METZ HERE THIS EVENING REPRESENTING FAIL INDUSTRIES.
I'M JOINED BY MY CLIENT, GLENN PANA.
UH, JEFF MANGANELLO, ALSO FROM FAIL AND CO-COUNSEL, DARIUS ZEDA FROM THE LAW FIRM OF HARRIS BEACH.
UM, WE ARE, UH, WORKING TOGETHER.
DARIUS IS PRIMARILY, UH, HERE IN CONNECTION WITH THE STOP WORK MOR ORDER MATTER.
I'M HERE PRIMARILY WITH REGARD TO THE SPECIAL PERMIT APPLICATION.
UM, TAKING A STEP BACK, THE BOARD WILL RECALL THAT WE FILED AN APPLICATION FOR A SPECIAL USE PERMIT TO BE REISSUED IN CONNECTION WITH MY CLIENT'S RECYCLING FACILITY.
WE HAVE BEEN HERE, UM, BEFORE YOUR BOARD PREVIOUSLY.
UH, WE HAVE MET EXTENSIVELY WITH YOUR PROFESSIONAL STAFF AND YOU'LL ALSO RECALL THAT WE ENTERED INTO, IN EFFECT A STIPULATION ALLOWING US TO CONTINUE TO OPERATE UNDER CERTAIN PARAMETERS.
UM, I'M PLEASED TO TELL YOU THAT WE HAVE BEEN OPERATING, UM, UH, IN THIS REDUCED CAPACITY.
WE HAVE BEEN DOING SO, UH, WITH WE BELIEVE WITHOUT INCIDENT.
UM, HOWEVER, SUBSEQUENT TO THE STIPULATION, UM, MR. QUIANA FOUND IT, UM, APPROPRIATE TO RESUBMIT A REQUEST FOR A MODIFIED SPECIAL PERMIT CHANGING THAT WHICH I HAD ORIGINALLY APPLIED FOR IN SUM IN SUBSTANCE.
I HAD MADE AN APPLICATION WITH CERTAIN LIMITATIONS IN TERMS OF HOURS OF OPERATION, QUANTITY OF MATERIAL ON THE SITE, AND HEIGHT OF PILES SIMILAR TO WHAT WAS ORIGINALLY, UM, INCORPORATED INTO YOUR 2002 SPECIAL PERMIT, ALBEIT WITH SLIGHTLY DIFFERENT NUMBERS.
AS A RESULT OF OUR, UM, WORK WITH YOUR BOARD IN AUGUST AND SEPTEMBER, WE CONCLUDED, UM, THAT IT APPEARED, YOUR BOARD UNDERSTOOD THAT THIS OPERATION IS ONE THAT IS FREQUENTLY INFLUX.
WHEN PROJECTS ARE BEING DEMOLISHED IN OUR COUNTY AND LARGE QUANTITIES OF MATERIAL ARE COMING IN LARGE MATERIAL, LARGE QUANTITIES OF MATERIAL ARE GOING TO COME IN.
AND THERE ARE OTHER TIMES WHERE THE SITE WILL BE LESS OCCUPIED, LESS MATERIAL COMING AND GOING.
AND IN FACT, I THINK, YOU KNOW, UM, PART OF THE STIPULATION THAT WE ENTERED INTO, UM, THE TOWN, UM, REQUESTED AND WE AGREED TO A MONITOR.
I'LL COME BACK TO SOME OF THE DETAILS ABOUT
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THE MONITOR IN A MOMENT, BUT SUFFICE IT TO SAY THAT YOUR MONITOR HAS CONFIRMED WHAT I JUST SAID TO YOU, THAT EVERY DAY IS NOT THE SAME, THAT THERE'S SOME VERY QUIET DAYS AND THERE ARE SOME VERY ACTIVE DAYS.SO AS A RESULT OF THAT, MR. ANA AND HIS PROFESSIONAL JUDGMENT CONCLUDED, WHY ARE WE IMPOSING IN EFFECT, ARBITRARY LIMITS ON HEIGHT AND QUANTITY? THE SITE IS THE SITE, IT CAN ONLY HANDLE SO MUCH MATERIAL.
BUT IF WE PUT A NUMBER ON THAT, WE'RE ASKING TO END UP IN A DISPUTE AND A DEBATE WITH YOUR BUILDING DEPARTMENT POTENTIALLY ON A REGULAR BASIS.
FOR 26 YEARS, THIS SITE HAS OPERATED SUCCESSFULLY, PEACEFULLY AND REALLY WITHOUT INCIDENT FOR 21 YEARS, THEY'VE OPERATED PURSUANT TO A SPECIAL PERMIT AND WE'VE CONCEDED THAT THAT SPECIAL PERMIT CLEARLY HAD NUMBERS THAT WERE FORMULATED.
UM, 21 YEARS AGO WHEN THERE WAS ONE PIECE OF, OF EQUIPMENT AND ONE OPERATOR ON THE SITE.
THE OTHER THING THAT WE KNOW IS THAT THE TOWN WATCHED IT EVOLVE OVER 21 YEARS.
AND IT WASN'T UNTIL MOST RECENTLY THAT THE NEW ADMINISTRATION AND THE THE CURRENT BUILDING DEPARTMENT CONCLUDED THAT THEY WERE GOING TO ISSUE THIS STOP WORK ORDER.
AND HERE WE ARE MODIFYING THE SPECIAL PERMIT.
WE'RE PREPARED TO GET A NEW SPECIAL PERMIT, BUT WE BELIEVE THAT THAT SPECIAL PERMIT SHOULD BE GUIDED BY SOME SIMPLE PRINCIPLES.
ONE THAT WE OPERATE THE SITE SAFELY.
WE HAVE AN INCREDIBLE SAFETY RECORD.
TWO, THAT THERE BE NO DIRT, DEBRIS OR MATERIAL FROM OUR SITE THAT EXITS THE SITE BY TRUCKS ROLLING OUT ONTO WAREHOUSE LANE.
AS A RESULT OF THE EFFORTS OF YOUR PROFESSIONAL STAFF, JEFF AND HIS STAFF HAVE IMPLEMENTED, UM, UH, A PROCESS WHERE THEY ARE WATERING DOWN AND HOSING DOWN ALL TRUCKS THAT ARE LEAVING THE SITE.
I WAS AT THE SITE, I DON'T KNOW, 10 DAYS AGO WITH PROBABLY SIX PEOPLE FROM THE TOWN, UH, FROM THE TOWN'S, VARIOUS DEPARTMENTS.
UM, TO THE BEST OF OUR KNOWLEDGE, THERE HAVE BEEN NO INCIDENTS ON WAREHOUSE LANE.
THERE HAVE BEEN NO COMPLAINTS ABOUT NOISE.
THERE HAVE BEEN NO COMPLAINTS ABOUT IMPROPER, UH, IMPLEMENTATION OF OUR DRAINAGE.
AND LASTLY, THIS FACILITY, AND I THINK YOU ALL KNOW THIS, THIS FACILITY IS EXTREMELY HIGHLY REGULATED.
THE NEW YORK STATE, DEC ISSUED A PART 360 PERMIT, AND THEY ARE THE PRIMARY BOARD THAT'S REVIEWING BOTH OUR STORM WATER AND THE QUARRYING OPERATION.
THE WESTCHESTER COUNTY HEALTH DEPARTMENT REVIEWS A NUMBER OF ITEMS AND ISSUES THAT OCCUR ON SITE.
THE WESTCHESTER COUNTY SOLID WASTE COMMISSION ADMINISTERS AND REVIEWS THE TRUCKS COMING AND GOING, THE OPERATIONS THAT ARE THERE.
THE BUILDING DEPARTMENT CLEARLY IS CONCERNED.
YOUR BUILDING DEPARTMENT ABOUT OUR PLUMBING AND ELECTRICAL PERMITS.
UM, THE, THE BUILDING DEPARTMENT MADE THAT VERY CLEAR TO US.
WE'RE PLEASED TO SAY THAT, UM, THAT GLEN, JEFF AND THEIR STAFF AND THEIR PROFESSIONALS HAVE FILED FOR THOSE PERMITS.
I THINK LIZ GARRITY, WHO'S I ASSUME ON ZOOM, UM, CAN CONFIRM THAT WE DID FILE THOSE PERMITS.
WE DID FILE, UM, CONSENTS AND ACKNOWLEDGEMENTS FROM THE PROPERTY LANDLORD.
REMI REMINDER, MY CLIENT DOES NOT OWN THE SITE.
MY CLIENT IS A TENANT ON THE SITE.
MY CLIENT HAS BEEN A TENANT ON THE SITE FOR 26 YEARS.
UM, THE ORIGINAL PERMIT WAS FORMULATED BY BOB WEINBERG 20 SOME ODD YEARS AGO WHEN HE WAS CONCERNED ABOUT HIS PROPERTY AND HOW IT WOULD BE UTILIZED.
AND HE WAS DEFINITELY PART AND PARCEL OF SEEING THOSE ORIGINAL LIMITS.
UM, THE GOOD NEWS FOR BOB AND FOR ROBERT MARTIN COMPANY IS THAT FOR 21 YEARS OR 26 YEARS, THEY'VE HAD AN AWESOME TENANT AND THEY HAVE CONSENTED TO THE ORIGINAL SPECIAL PERMIT APPLICATION THAT I FILED AND THE MODIFIED SPECIAL PERMIT APPLICATION THAT GLEN HAD US FILE, ELIMINATING THE QUANTITATIVE HEIGHT AND HOURS OF OPERATION LIMITS.
LET'S GO TO HOURS OF OPERATION FOR A MOMENT.
THERE CLEARLY WERE HOURS OF OPERATION REQUIREMENTS IN THE ORIGINAL SPECIAL PERMIT.
UM, THEY WERE PROBABLY THERE BECAUSE MR. WEINBERG WANTED THEM THERE.
CAN I GET AN EXTRA PEN OF YOURS PLEASE? OH, SURE.
THERE WERE HOURS OF OPERATION IN THE ORIGINAL SPECIAL PERMIT WHEN I FILED MY APPLICATION FOR A SPECIAL PERMIT.
I HAD SOME HOURS OF OPERATION IN CONFERRING WITH YOUR BOARD AND PRESENTING TO YOUR BOARD AS WE DID IN THAT CONFERENCE ROOM AND SPENDING A GREAT DEAL OF TIME ON THIS PROPERTY WITH GLEN, WITH JEFF, WITH DARIUS, AND WITH A LOT OF TOWN OFFICIALS.
I THINK I'VE WALKED IT THREE TIMES WITH YOUR STAFF.
IT'S PRETTY CLEAR THAT THIS SITE AT TIMES ACTUALLY NEEDS TO BE OPEN AT NIGHTTIME.
WE'VE TALKED ABOUT THAT, BUT I WANT THE RECORD TO BE CLEAR, WE'RE NOT THE ONES BRINGING THE MATERIAL TO THE SITE.
MUNICIPALITIES BRING MATERIAL TO THE SITE.
CON EDISON BRINGS MATERIAL TO THE SITE.
CONTRACTORS WHO ARE WORKING IN THE MIDDLE OF THE NIGHT BRING MATERIALS TO THE SITE.
SO THERE'S A REASON THAT THIS SITE PROBABLY CAN AND SHOULD BE OPERATING OR HAVE THE LEGAL AUTHORITY TO OPERATE AT NIGHT.
APPROPRIATE LIMITS SAFEGUARDING.
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NEIGHBORS.WE'RE NOT, WE'RE NOT IN BUSINESS TO DISTURB NEIGHBORS.
BUT WE SHOULD NOT, WE SHOULD NOT BE TURNING AWAY CON EDISON OR SOMEBODY DOING DOT DOING ROAD WORK BECAUSE THE TOWN ARBITRARILY IMPOSED HOURS OF OPERATION ON THIS.
YET ACROSS THE STREET ON WAREHOUSE LANE, THERE ARE A NUMBER OF WAREHOUSES.
AMAZON, A NUMBER OF OTHER WAREHOUSES.
SO IF THEY'RE RUNNING TRUCKS 24 7 AND SOCIETY AND WAREHOUSE LANE AND THE TOWN UNDERSTANDS AND CAN ACKNOWLEDGE THAT WE SUBMIT TO YOU THAT HOURS OF OPERATION WOULD NOT BE APPROPRIATE FOR THIS SITE.
SO WE'VE GOT HOURS OF OPERATION, WE'VE GOT QUANTITATIVE LIMITS THAT I'VE ALREADY ADDRESSED, THAT WE BELIEVE THOSE QUANTITATIVE LI THE SITE IS THE SITE.
IT CAN ONLY HANDLE WHAT'S THERE IN TERMS OF THE HEIGHT OF THE PILES, THE ORIGINAL HEIGHT OF THE PILES.
UH, YOUR YOUR OLD SPECIAL PERMITS AT 30 FEET.
MY SPECIAL PERMIT REQUEST WAS 50 FEET.
YOU'VE GOT THAT, YOU KNOW, THAT'S IN THE RECORD.
GLENN HAS EDUCATED ALL OF US IN TERMS OF HIS COMMENTS TO YOUR BOARD, HIS COMMENTS TO US AS A TEAM AND TO YOUR STAFF.
THE PILE IN THE FRONT OF THAT PROPERTY, I KNOW ALMOST ALL OF YOU, MAYBE AT THIS POINT ALL OF YOU HAVE BEEN OUT THERE.
THAT PILE BACKS UP TO A SOLID ROCK WALL THAT IS IN EXCESS OF 50 FEET IN HEIGHT.
ROCK WALL BASED UPON A SAFE ANGLE OF REPOSE, CAN HANDLE PILES THAT ARE AT LEAST 50 FEET IN HEIGHT.
WE DON'T WANT TO GET INTO A DEBATE WITH THE TOWN'S STAFF.
WE WANT TO COOPERATE WITH THE BUILDING DEPARTMENT.
WE WANT TO COOPERATE WITH THE ENGINEERING DEPARTMENT.
WE WANT TO COOPERATE WITH THE DEPARTMENT OF PUBLIC WORKS.
WE DON'T WANT ARBITRARY NUMBERS THAT ARE ONLY GONNA CREATE A PROBLEM.
WE HAVE NOT BEEN IN FRONT OF THIS BOARD OR THIS TOWN, NOR HAVE WE RECEIVED A VIOLATION AND BEEN IN JUSTICE COURT IN 26 YEARS.
SO IF, IF THERE'S ANYTHING THAT YOU ALL NEED TO REMEMBER AND FACTOR INTO YOUR ANALYSIS, YOU HAVE IN FRONT OF YOU A PREEMINENT RECYCLING FACILITY WITH AN EXCELLENT TRACK RECORD, AN AMAZING SAFETY RECORD, A VERY PRODUCTIVE AND CRITICAL ENTERPRISE IN THE COUNTY AND IN THE REGION.
AND I'M REALLY NOT SURE WHY A STOP WORK ORDER WAS ISSUED.
I'M NOT SURE WHY WE ARE HERE OTHER THAN ADMITTEDLY, UM, AS A RESULT OF EFFORTS OF THE TOWN, OUR SPECIAL PERMIT WAS, UH, WAS NOT REISSUED OR RENEWED.
WE WANT TO COOPERATE WITH THE TOWN.
MR. CAPOLI, YOUR TOWN ENGINEER, MADE IT VERY CLEAR TO US THAT HE WAS CONCERNED ABOUT APPROPRIATE IMPLEMENTATION OF DRAINAGE MEASURES.
UM, AT THE BEGINNING OF OUR DISCUSSIONS WITH JASON, IT WAS CLEAR THAT HE ESSENTIALLY WAS TREATING US AS A CONSTRUCTION SITE.
THE TOWN ENGINEER IN THE TOWN OF GREENBURG IS USED TO DEALING WITH CONSTRUCTION SITES THAT DARIUS AND I HAVE DEVELOPER CLIENTS THAT COME INTO YOUR TOWN FILE APPLICATIONS, PROCESS APPLICATIONS IN FRONT OF YOUR PLANNING BOARD, AND THEY BUILD THEIR PROJECTS.
SO THE TOWN ENGINEER IS IN, IN FACT SUPPOSED TO AND INSPECTING CONSTRUCTION SITES.
OUR CLIENTS, OUR DEVELOPER CLIENTS COME BUILD AND GO, THIS CLIENT DOESN'T GO, THIS CLIENT WILL BE HERE FOR AS LONG AS THIS CLIENT CAN REMAIN THERE.
THEY ARE AN INDUSTRIAL OPERATION.
THEY'RE GOVERNED BY DIFFERENT RULES AND REGULATIONS.
JASON ACKNOWLEDGED THAT TO HIS CREDIT, HE ULTIMATELY ACKNOWLEDGED THAT.
WORKED IN COOPERATION WITH PETER LOYOLA, OUR SITE ENGINEER.
JASON MADE A NUMBER OF SUGGESTIONS TO PETER.
THOSE SUGGESTIONS WERE INCORPORATED.
WE BELIEVE WE HAVE A SAFE AND SUITABLE SITE IN TERMS OF STORMWATER MANAGEMENT.
WE BELIEVE WE CAN HANDLE THE WATER THAT HITS OUR SITE AND HANDLE IT SAFELY.
OUR SITE, UNLIKE MOST OF THE SITES THAT THE TOWN DEALS WITH, IS NOT COVERED WITH MCADAM AND PAVEMENT.
OUR SITE IS PERVIOUS WATER HITS OUR SITE AND DRAINS THROUGH OUR SITE.
SO OUR JOB IS TO KEEP OUR STUFF ON OUR PROPERTY.
THE WATER THAT'S COMING FROM WAREHOUSE LANE AND THE GIANT WAREHOUSES BEHIND US THAT'S GOING AROUND US.
AND WE BELIEVE OUR ENGINEER HAS DEMONSTRATED THAT IT'S GOING AROUND US.
SO WE BELIEVE WE ARE COOPERATING AND COMPLYING WITH THE DRAINAGE REQUIREMENTS.
SO IN EFFECT, WE ARE SEEKING WHAT WE THINK IS REALLY, DESPITE THE FACT THAT WE'VE BEEN HERE FOR A WHILE AND THERE'S BEEN A LOT OF BACK AND FORTH WITH THE TOWN, WE THINK WE'RE ASKING FOR A VERY SIMPLE REISSUANCE OF A SPECIAL PERMIT.
WE WANNA OPERATE A RECYCLING FACILITY.
WE WANT TO KEEP MATERIAL OFF YOUR STREETS.
AND LAST THING THAT I DON'T WANNA FORGET, WHEN THE TOWN OF GREENBURG, THE TOWN OF MOUNT PLEASANT, THE VILLAGE OF DOBBS FERRY, THE VILLAGE OF TARRYTOWN, THE VILLAGE OF IRVINGTON, THE VILLAGE OF HASTINGS, COME KNOCKING AT OUR DOOR AS THEY DO.
AND WE'VE SUPPLIED RECORDS TO SHOW IT WITH ASPHALT BECAUSE THEY'VE HAMMERED UP ROADS AND THEY'VE GOT STUFF IN THE BACK OF THE TRUCKS LIKE THE TOWN OF GREENBURG DID.
WITHIN WEEKS OF OUR APPEARING IN FRONT OF YOUR BOARD, A TRUCK
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ROLLED INTO OUR PROPERTY, DESPITE THE FACT THAT WE AGREED WE WEREN'T GONNA TAKE PURE ASPHALT, WE TOWN OF GREENBURG ROLLED INTO OUR PROPERTY WITH, WITH ASPHALT.THE GUYS STARTED DRIVING THE TRUCK WEREN'T DOING ANYTHING WRONG, THEY WERE DOING THEIR JOBS THE WAY THEY'VE BEEN DOING THEIR JOBS FOR 26 YEARS.
YOU HAVE A TRUCK FULL OF ASPHALT AND YOU'RE IN CENTRAL WESTCHESTER.
WHERE ARE YOU GOING WITH IT? YOU WANNA SEE IT RECYCLED? WHERE ARE YOU GOING WITH IT? YOU GO TO FAIL, YOU BRING THE ASPHALT IN AND FAIL DEALS WITH IT.
YOU DON'T BRING IT TO FAIL 'CAUSE YOU'RE NOT ALLOWED TO BRING IT TO FAIL.
GOD KNOWS WHERE IT'S BEING DUMPED SOMEWHERE ELSE BECAUSE AS YOU'VE LEARNED, I BELIEVE THERE IS NOWHERE ELSE THAT YOU CAN DEAL WITH THIS IN CENTRAL WESTCHESTER.
I'M PROUD THAT THESE FOLKS ARE THE ONLY AUTHORIZED RECYCLING FACILITY IN WESTCHESTER THAT CAN RECEIVE CON ED MATERIALS.
I DON'T KNOW WHAT THEY HAD TO GO THROUGH WITH CON EDISON TO GET TO THAT POINT, BUT THEY DID.
AND I KNOW HOW CRITICAL IT IS FOR ALL OF US TO GO HOME TONIGHT KNOWING WE'RE GONNA HAVE ELECTRICITY AND NATURAL GAS AND THAT CON ED IS GONNA DO WHATEVER THE HECK THEY'RE DOING 24 HOURS A DAY AND CHARGING US AN AWFUL LOT OF MONEY TO DO IT.
BUT THEY, WHEN THEY'RE DIGGING UP THE ROADS AND THEY'RE DOING THEIR TRENCHES AND WE'RE ALL ASSUMING THEY'RE DOING THEIR JOB CORRECTLY, THEY'RE, THEY'RE BRINGING THE MATERIAL TO FAIL.
SO WHY THE TOWN OF GREENBERG WOULD ATTEMPT TO IMPEDE ANY OF THIS REMAINS BEYOND ME, DESPITE MY INCREDULITY ABOUT HOW TO SOME EXTENT WE'VE BEEN TREATED GLENN, JEFF HAVE MANDATED THAT DARIUS AND I DO EVERYTHING IN OUR POWER TO COOPERATE WITH GARRETT, WITH JASON, WITH RICH FA, WITH FRANK, WITH LIZ.
WE THINK WE HAVE, I'VE BEEN, I'VE BEEN ASKING THEM TO SIT WITH ME FOR THE LAST MONTH TO REALLY GO OVER ALL THE DETAILS OF A NEW SPECIAL PERMIT.
WE'RE HERE TONIGHT FOLKS, BECAUSE WE'RE OPERATING AT LESS THAN FULL CAPACITY BECAUSE WE NEGOTIATED THAT IN FAIRNESS, BACK IN, I GUESS IT WAS SEPTEMBER, IT'S TIME FOR US TO GET OUR SPECIAL PERMIT.
IT'S TIME FOR US TO GO BACK TO BUSINESS.
IT'S TIME FOR THE BUSINESS COUNCIL OF WESTCHESTER TO TURN TO GLEN PANA WHOM THEY KNOW WELL AND SAY, THANK GOODNESS WE'RE NOT GETTING COMPLAINTS FROM CONTRACTORS AND CON ED.
WHY ARE YOU NOT OPERATING AT FULL CAPACITY? WE NEED TO RETURN TO BUSINESS.
WE WANT TO COOPERATE WITH THE TOWN OF GREENBURG.
WE DO NOT WANT TO BE PUT ON A KIND OF A, A A CYCLE WHERE WE'RE GONNA BE BROUGHT BACK IN FOR GOTCHA.
THOSE OF YOU THAT HAVE BEEN OUT TO THE SITE.
AND I, AGAIN, THOSE OF YOU THAT HAVE BEEN OUT THERE, YOU KNOW THIS IS REALLY A WELL RUN SYNCHRONIZED OPERATION.
LET US GET IT BACK UP AND RUNNING THE WAY IT SHOULD BE.
IF THERE'S INFORMATION YOU ALL NEED FROM US, FROM US, WE'RE HERE.
YOU WANNA TALK ABOUT DRAINAGE, SAFETY, ASPHALT QUANTITIES, WE'VE SUBMITTED IT, BUT YOU WANNA TALK ABOUT IT.
THE ONLY THING I WOULD ASK YOU, MADAM CHAIR, HAVING APPEARED IN FRONT OF THIS BOARD MANY TIMES, IF YOU'VE GOT QUESTIONS, PLEASE DON'T WAIT UNTIL THE DELIBERATIONS FOR YOU GUYS TO TALK AMONGST YOURSELVES AND WE CAN'T PARTICIPATE.
IT'S FRUSTRATING AS A PROFESSIONAL WHO WANTS TO DO HIS JOB IN FRONT OF YOU PROPERLY AND THOROUGHLY TO NOT BE ABLE TO ENGAGE WITH YOU EVERYWHERE ELSE.
I GO MADAM CHAIR, I'M ENGAGING WITH THE BOARD UNTIL THE MOMENT THEY VOTE.
BUT DON'T PREVENT ME, GLENN, JEFF, AND DARIUS, FROM MAKING SURE YOU KNOW EVERYTHING YOU NEED TO KNOW.
SO IF YOU HAVE A QUESTION, PLEASE DON'T WAIT FOR YOUR DELIBERATIONS.
I DON'T THINK YOU HAVE MUCH ON YOUR AGENDA, ON YOUR AGENDA.
WE'RE HERE TO DO WHATEVER YOU NEED.
WE WOULD LIKE TO LEAVE WITH A SPECIAL PERMIT.
WE WOULD LIKE TO LEAVE WITH A COOPERATIVE SITUATION WITH YOUR STAFF.
UM, THAT, THAT YOU ALL NOW KNOW.
THIS IS A PRETTY COOL THING YOU HAVE IN GREENBURG FAIL.
NO, NO ONE KNOWS IT'S HERE TILL SUDDENLY WE SHOW UP.
BUT THIS IS A RECYCLING FACILITY.
ANY QUESTIONS? AM I UNDER THE UNDERSTANDING THAT YOU ARE STILL WORKING OUT SOME OF THE DETAILS OF THE SPECIAL PERMIT WITH THE TOWN? SO IT'S A GREAT QUESTION.
UM,
I'M NOT GONNA TELL ANYONE ELSE.
THE REASON IT'S A GREAT QUESTION IS I GUESS YOU COULD SAY THAT WE'VE BEEN TRYING TO NAIL ALL OF THIS DOWN WITH STAFF.
I THINK, YOU KNOW, I I KNOW YOUR STAFF KNOWS I DEAL WITH THEM ON A LOT OF THINGS ON A REGULAR BASIS.
UM, SOME OF YOUR STAFF MEMBERS ARE PROBABLY NOT HAPPY THAT THEY'VE GOTTEN AS MANY EMAILS FROM ME AND FROM DARIUS OVER THE LAST 30 DAYS THAT THEY'VE GOTTEN.
SO I'VE TRIED TO COME IN HERE TONIGHT ADMITTEDLY WITH THIS WHOLE THING NAILED DOWN THE WAY.
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I WOULD'VE LIKED IT TO BE NAILED DOWN.UM, I KNOW HOW TO DO THIS AND I KNOW THE RIGHT WAY TO DO THIS.
I CAN'T TELL YOU THAT THEY'VE AGREED TO EVERYTHING SO THAT I CAN TELL YOU BOTH SIDES BELIEVE IT'S NAILED DOWN.
BUT I SUBMITTED MY PERMIT AND THE GLENN MODIFIED PERMIT, GLENN SUBMITTED HIS EXPLANATION AS TO WHY HE WAS MODIFYING MY LIMITS.
SO I DON'T KNOW IF THERE IS ANYTHING LEFT TO ULTIMATELY WORK OUT.
IF YOU AGREE WITH US, ONE OF THE THINGS, MR. CRITCHLOW, THAT WE CAME AWAY FROM THE SEPTEMBER MEETING, YOU MADE SOME COMMENTS TO US AS WE, AS YOU WERE DISCUSSING AND QUESTIONING US, THAT SEEMED TO ACKNOWLEDGE TO GLENN THAT 25,000 CUBIC YARDS, 35,000 CUBIC YARDS, 42,000 CUBIC YARDS, THEY'RE ALL ARBITRARY NUMBERS.
YOU ACTUALLY SAID SOMETHING VERY MUCH LIKE THAT.
WE LEFT THE MEETING AND HE SAID TO ME, DAVID, WHY DID YOU PUT 50,000 CUBIC YARDS IN YOUR PERMIT? MR. CRITCHLOW IS RIGHT.
IT'S LIKE AN ARBITRARY NUMBER.
WE, WE DON'T WANT TO FIGHT WITH THE BUILDING DEPARTMENT.
SO ANSWER, WE ACTUALLY THINK WE HAVE GIVEN YOU THE TOOLS TO ISSUE A SPECIAL PERMIT.
IF YOU DON'T THINK WE HAVE, LET'S TALK ABOUT IT.
IF STAFF, AND THEY'RE NOT HERE, BUT I GUESS THEY'RE ON ZOOM, I'M NOT QUITE SURE WHY THAT IS.
MAYBE STAFF, MAYBE, MAYBE THE FACT THAT THEY'RE NOT IN THE ROOM.
MAYBE THEY AGREE WITH WHAT WE'VE SAID.
AND UM, I KNOW GARRETT'S HERE, BUT, UH, THERE'S A AN AWFUL LOT OF FOLKS WHO I'VE WALKED THAT PROPERTY WITH NUMEROUS TIMES.
AND ACTUALLY THE ONE THING I I, HE'S GONNA KICK ME IF I DON'T SAY IT.
I TRY TO UNDERSTAND WHY GOVERNMENT FUNCTIONS THE WAY IT DOES.
I DEAL WITH TOO MANY LOCAL GOVERNMENTS TOO MANY NIGHTS A WEEK.
DARIUS AND I ARE CONSIDERING LEAVING THE PRACTICE OF LAW AND BECOMING MUNICIPAL INSPECTORS FOR THE TOWN OF GREENBURG.
WHY? I SAY SUBSTANTIALLY INGEST, NOT ENTIRELY FOR THE MONTH OF OCTOBER.
WE, MY CLIENT HAS BEEN ASKED BY YOUR TOWN TO PAY 38,000, $38,000 TO YOUR INSPECTORS WHO HAVE COME OUT PARKED THEIR TRUCK.
THEY USED TO PARK THE TRUCK ON OUR PROPERTY WITH THE FOR SALE SIGN IN THE BACK OF THE TRUCK.
SO MAYBE SOMEBODY ELSE DRIVING A TRUCK WOULD BUY THE TRUCK.
BUT NOW THEY PARK THE TRUCK WITH THE FOR SALE SIGN IN FRONT OF OUR PROPERTY.
SOMETIMES THERE'S ONE GUY, SOMETIMES THERE'S TWO GUYS, THEY'RE WOMEN AND THEY JUST SIT THERE ALL DAY.
OCTOBER 2ND, ONE AND A HALF HOURS FOR ONE OF THEM, EIGHT HOURS FOR THE OTHER OCTOBER 3RD, ONE HOUR FOR ONE, EIGHT HOURS FOR THE OTHER OCTOBER 4TH, ONE AND A HALF HOURS FOR ONE, EIGHT HOURS FOR THE OTHER.
THIS WITH ALL DUE RESPECT IS UNFAIR.
IT'S, I MEAN, NO DISRESPECT TO ANY OF THE TOWNS STAFF.
I DON'T KNOW IF ANYBODY'S SUPERVISING.
YOU'RE NOT DOING THIS TO ANY OTHER BUSINESS IN THIS TOWN.
NONE OF YOU NEED A PROFESSIONAL ENGINEER, A GUY WITH ALL DUE RESPECT, I WORK WITH ONE OF THESE ENGINEERS.
I WORK WITH HIM ON APPLICATIONS.
250 BUCKS AN HOUR TO SIT OUT THERE.
I STAND WITH HIM AT PLANNING BOARD MEETINGS AND HE PITCHES, HE PITCHES PROJECTS, DRAINAGE DESIGN, IMPORTANT THINGS.
I DON'T NEED TO PAY HIM EIGHT HOURS TO SIT IN A TRUCK.
SO I AM ASKING YOU TO TAKE HEAT OF THE FACT GLEN ANA AND FAIL HAVE DONE EVERYTHING THEY COULD, BITING THEIR LIPS, TRYING TO BE COOPERATIVE, TRYING TO FIGURE OUT A WAY TO CO-EXIST WITH THE TOWN OF GREENBURG.
NOBODY LIKES WHEN I SAY IT, BUT I'M GOING TO SAY IT, 26 YEARS.
JOHN LUCIDO, STEVE FRETA, ROBERT DAM, WE CO-EXISTED WITHOUT ANY ISSUES.
YEAH, THERE WAS LIKE A ONE NOTICE OF VIOLATION THAT STEVE ISSUED BACK IN 22 AND THEY WENT OUT AND THEY KNOCKED THE PILE DOWN.
COME ON, LET'S GO BACK TO WORK.
SO THAT'S A LONG ANSWER TO YOUR QUESTION.
I THINK WE DON'T HAVE TO WORK ANY FURTHER ON THE SPECIAL PERMIT, BUT IF SOMEONE ELSE DOES, MR. CRITCHLOW, WE'RE HERE.
GLENN WILL ANSWER ANY QUESTION PUT TO HIM.
DARIUS, GLENN, JEFF AND I WILL HELP YOU ALL FORMULATE CONDITIONS TO THE SPECIAL PERMIT, BUT YOU'VE GOT IT.
WE SENT YOU, WE SENT YOU A DRAFT SPECIAL PERMIT.
UM, WHEREAS CLAUSES KIND OF TELLING THE STORY AND A COUPLE OF VERY SIMPLE CONDITIONS, NO HAZARDOUS MATERIALS, WE'RE GONNA LIMIT THE PRODUCTION OF DUST AND OTHER EFFLUENCE.
THERE'LL BE NO ILLUMINATED SIGNS AND OUTDOOR LIGHTING AND THE APPLICANT SH THE FACILITY SHALL BE OPERATED IN ACCORDANCE WITH ANY OTHER APPLICABLE REQUIREMENTS OF THE TOWN CODE, INCLUDING, BUT NOT LIMITED TO PERIODIC COMPLIANCE WITH REVIEW BY TOWN.
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COME OUT.WHY ARE WE PAYING $38,000 FOR SOME OUTSIDE ENGINEER? LET SOMEBODY FOR THE TOWN, ONE OF THE TOWNS DEPARTMENTS TAKE A DRIVE OVER THERE ONCE A WEEK.
GO RIDE THEIR BIKES ON THE BIKE PATH.
UH, AS THE PERSON WHO SUGGESTED AN OUTSIDE CONSULTANT BE HIRED, SORRY, I GREAT QUESTION THOUGH.
UM, I I JUST WANTED TO CLARIFY THAT I WAS CONCERNED THAT THE USE OF THE TOWN STAFF WOULD BE TAKEN AWAY TOO MUCH FOR THIS ONE ISSUE AND I DID NOT WANT TO TAKE UP ALL THE TOWN'S RESOURCES ON THIS.
SO JUST TO CLARIFY, THAT IS WHY I SUGGESTED FROM DAY ONE.
MY OTHER QUESTION IS PROBABLY SOMETHING YOU CANNOT ANSWER YET, BUT YOU WANT THE QUESTIONS, PLEASE WAITING.
I WOULD LIKE TO HEAR FROM THE TOWN AND THE QUESTION IS IF, DO YOU THINK IF AN AGREEMENT HAS NOT BEEN REACHED BY TONIGHT AND WE'LL FIND THAT OUT SOON, DO YOU FEEL THAT YOU AND THE TOWN COULD REACH AN AGREEMENT BY NEXT MONTH? SO THE THE SHORT ANSWER IS IF WE HAVEN'T REACHED ONE, UM, I'M SURE WE CAN.
WE, WE, THERE'S NO REASON WE SHOULDN'T BE ABLE TO REACH AN AGREEMENT PROVIDED THAT THOSE WITH WHOM WE ARE WORKING SLASH NEGOTIATING HAVE SOME SENSE FROM YOUR BOARD ABOUT THE APPROPRIATE PARAMETERS THAT THEY'RE OPERATING UNDER.
BECAUSE IF WE'RE GONNA GET UNREASONABLE REQUESTS FROM STAFF, THEN WE WON'T BE ABLE TO.
I MY SENSE SHAUNA, IN ALL CANDOR, 'CAUSE I, I WAS, GARRETT KNOWS, AND I'M SURE HE'S SHARED THIS OR WILL SHARE THIS.
I WAS ON A ZOOM WITH HALF OF YOUR PROFESSIONAL STAFF FOR ABOUT AN HOUR LATE THIS AFTERNOON WHEN I GOT A COMMUNICATION SAID, CAN YOU JUMP ON A ZOOM WITH US? SO I THINK WE ARE PRETTY, PRETTY FAR ALONG.
UM, I THINK THERE'S SOME RELUCTANCE ON THE PART OF THE TOWN STAFF TO CONFRONT THE CRITICAL ISSUE.
NONE OF THEM ARE EXPERT QUARRYING.
THERE'S NO REGULATIONS IN YOUR TOWN CODE TELLING THEM HOW TO REGULATE THIS.
OSHA REGULATES IT, MHA REGULATES IT.
SO I'VE HAD DIFFICULTY CONVINCING THE TOWN STAFF THAT THEY SHOULD BE DEFERRING TO THE AGENCIES WITH EXPERTISE.
THEY'RE WORRIED ABOUT LOCAL ISSUES.
JASON'S WORRIED ABOUT DRAINAGE.
SAY AGAIN? IT WAS A YES NO QUESTION.
I WAS AND I DIDN'T, I GAVE A YES NO ANSWER.
DIDN'T I I YOU GET YEAH, YOU GAVE ME ALL OF IT.
SO IF I COULD GET A YES NO, YOU'RE A LAWYER, YOU KNOW, DON'T DANCE, GIVE ME THE YES NO.
I I I KNOW THAT WHEN I HAVE A FIRST OPPORTUNITY TO TRY TO DANCE, I'M ALWAYS GONNA TRY TO DANCE.
UM, I LOOK IT YES, NO, IF WE NEED, IF WE NEED YES, NO, IF WE NEED TO WORK WITH THE TOWN STAFF, THE ANSWER IS YES.
IF YOU TELL US THAT THE TOWN STAFF DOESN'T FEEL WE'RE DONE.
IS THERE ANYONE FROM THE TOWN? YEAH, SURE.
UM, SO MS. GARRITY IS ON THE ZOOM, AS IS JOE DANKO, TOWN ATTORNEY.
UM, I WILL SAY THAT IN WITH REGARDS TO THE SPECIAL PERMIT, UM, THE SITE VISIT WAS HELD WITH, WITH VARIOUS TOWN STAFF, IT WAS VERY HELPFUL.
UM, THERE WERE IMPROVEMENTS MADE ON THE SITE, WHICH WE APPRECIATED.
UM, THERE ALSO WAS A, UH, ENGINEERING BASED RESPONSE TO THE TOWN ENGINEER'S LETTER.
AND THAT WAS RECEIVED, UM, ABOUT I BELIEVE A WEEK AND A HALF AGO.
UM, IT IS, TO MY UNDERSTANDING, RESPONSIVE IN SOME REGARDS.
I BELIEVE THERE WILL BE, UM, ADDITIONAL INFORMATION REQUESTED FROM THE TOWN ENGINEER.
SO I THINK IN SHORT, UM, TOWN STAFF STILL NEEDS ADDITIONAL TIME TO COORDINATE WITH THE APPLICANT ON VARIOUS, UM, PRIMARILY STORMWATER MEASURES.
AND UM, AND I DON'T THINK STAFF IS THERE YET TO, UH, INDICATE, UM, AFFIRMATIVELY THAT WHAT THE PLAN PROPOSED IS SOMETHING THAT IT WOULD SUPPORT.
BUT I DO BELIEVE THAT WE UM, WILL ABSOLUTELY DO EVERYTHING WE CAN TO WORK WITH THE APPLICANT TO, UH, GET TO A POINT WHERE, WHERE AS THE, THE GENTLEMAN INDICATED THE SITE CAN BE, UM, YOU KNOW, CONTINUE TO OPERATE IN A SAFE MANNER.
CAN WE ELIMINATE THE MONITORSHIP IF WE'RE GOING TO SOMEHOW POTENTIALLY DELAY.
SO I'LL ACTUALLY DEFER TO THE OTHER STAFF ON THE CALL.
GOOD EVENING BOARD MEMBERS AND GOOD EVENING EVERYONE IN ATTENDANCE.
I DID NOT WANT TO GET EVERYONE SICK, ESPECIALLY BEFORE THANKSGIVING,
[00:30:01]
BUT I APPRECIATE BEING ON ZOOM TONIGHT.UM, I'LL, I'LL, I'LL ANSWER THE MONITOR QUESTION, BUT JUST IN THE OVERALL, UM, THEME OF THE NIGHT, I, I WOULD LIKE TO SAY THAT I AGREE WITH COMMISSIONER DUQUE.
I DO FEEL LIKE MORE WORK NEEDS TO BE DONE COOPERATIVELY BETWEEN TOWN STAFF AND WITH DALE INDUSTRIES TO COME UP WITH A RESOLUTION MOVING FORWARD THAT, THAT WE COULD ALL LIVE WITH.
I DON'T BELIEVE THAT TONIGHT IT WOULD BE APPROPRIATE TO ISSUE A NEW SPECIAL PERMIT.
I JUST LIKE THE RECORD TO REFLECT THAT THE OWNER OF THE SITE, UM, ACTUALLY JUST SIGNED OFF ON THE UPDATED, THE AMENDED, UH, RENEWAL APPLICATION JUST ABOUT TWO HOURS PRIOR TO, WELL, EXCUSE ME, THIS, THIS, IT WAS SUBMITTED TO THE ZBA ABOUT TWO HOURS PRIOR TO THIS MEETING THAT THE OWNER HAD SIGNED OFF ON THAT APPLICATION.
SO UP UNTIL EVEN A FEW HOURS AGO, TOWN STAFF WAS NOT SURE IF WE WERE LOOKING TO GO MOVE FORWARD WITH AN APPLICATION THAT HAD A 50,000 CUBIC YARD SUBMISSION OR AN UNLIMITED AMOUNT.
UM, EITHER WAY MS. STEIN HAD POINTED OUT EARLIER THAT WE'RE TALKING ABOUT ARBITRARY NUMBERS HERE.
I AGREE, I I FEEL LIKE THESE ARE ARBITRARY NUMBERS.
WHAT THE TOWN STAFF CARESS ABOUT AND I KNOW THEY CARE CARESS ABOUT AS WELL, IS THAT THIS OPERATION IS SAFE AND I KNOW THEY'VE HAD GOOD TRACK RECORD IN THE PAST.
THINK IT'S EVERYONE'S OBLIGATION TO ENSURE THAT IT REMAINS SAFE IN THE FUTURE AS WELL.
SO I THINK THROUGH FURTHER DISCUSSIONS AND FURTHER COOPERATION THROUGHOUT BOTH PARTIES, WE COULD COME TO TERMS ACROSS THE BOARD THAT WILL ALLOW THIS OPERATION TO REMAIN AND TO REMAIN SAFE.
UM, IN TERMS OF THE HOURS OF OPERATION, I THINK THAT IT'S IMPORTANT THAT WE DO HAVE HOURS MOVING FORWARD AND THIS IS SOMETHING WE'LL HAVE TO WORK OUT.
UM, I RECALL SEEING THE AMOUNT, THE DECIBEL LEVELS THAT ARE COMING OFF THAT SITE COULD BE HIGH.
WE WANNA ENSURE THAT OUR NOISE ORDINANCE, UM, IS NOT VIOLATED.
I THINK MORE WORK NEEDS TO BE DONE TO ADDRESS THAT.
UM, IN TERMS OF THE, UH, PILES ON THE SITE, I THINK IT'S IMPORTANT THAT WE LOOK AT THE ANGLES OR REPOSE AND WHAT IS SAFE.
I MEAN, WE'RE GONNA HAVE HEAVY MACHINERY OBVIOUSLY ON TOP OF THOSE PILES AND WE WANNA ENSURE THAT IT'S SAFE, UM, FOR THE EMPLOYEES OUT THERE AND IT REMAINS SO MOVING FORWARD, STORM WATER, WE DID RECEIVE RESPONSES TO OUR TOWN ENGINEER ABOUT A WEEK AGO AND WE'VE, WE'VE GONE THROUGH THAT JUST RECENTLY.
I THINK THE TOWN IS VERY CLOSE TO BEING IN A POSITION TO GIVE A FULL LIST OF CONDITIONS THAT WE DEEM APPROPRIATE, BUT THIS HAS BEEN A TIMELY PROCESS.
EACH PARTY HAS A LOT OF VOICES TO BE HEARD AND A LOT OF INFORMATION TO BE GATHERED AND DELIVERED.
I'D LIKE TO COMMEND, UH, TOWN STAFF BUILDING INSPECTORS, UH, ASSISTANT BUILDING INSPECTOR, THEIR TOWN ENGINEER, EVERYONE ELSE WHO WORKED ON THIS.
IT'S BEEN A SIGNIFICANT AMOUNT OF TIME AND WE'RE LOOKING TO JUST TRY TO FINALIZE THIS AND MOVE FORWARD IN A PROPER WAY.
UM, I DID APPRECIATE THE SUGGESTION OF A MONITOR BECAUSE THIS HAS BEEN SO TIME CONSUMING.
THERE'S BEEN AN INORDINATE AMOUNT OF TIME ON THIS ISSUE SO FAR.
UH, BUT WE REALIZE IT'S IMPORTANT AND WE'RE LOOKING TO WORK TOGETHER TO HAVE IT RESOLVED, UH, ONCE AND FOR ALL.
IS THAT SAME QUESTION TO YOU? DO YOU FEEL THAT GIVEN ANOTHER MONTH, THAT UM, THERE COULD BE, THAT THE TWO SIDES COULD COME TO A MEETING OF THE MINES? SO I BELIEVE THE TWO SIDES COULD COME TO A MEETING OF THE MINES.
I'M NOT SURE IF IT, IF IT'S DOABLE IN A MONTH.
I THINK WE WOULD ALL OBVIOUSLY MAKE OUR BEST EFFORTS TO HAVE IT DONE WITHIN A MONTH.
BUT I DO BELIEVE, UH, OUR REQUESTS WILL BE REASONABLE AND THAT WE'LL BE ABLE TO COME TO A MUTUAL DETERMINATION.
I'M TRYING NOT TO DANCE AS MUCH AS DAVID DID.
AH, YEAH, IT'S 'CAUSE YOU DON'T FEEL WELL OTHERWISE YOU'D BE DANCING MORE
UM, IF I CAN, IF I CAN JUST RESPOND TO JOE AND ASK ONE QUESTION OF HIM.
UM, WHILE WE APPRECIATE WHY, UM, THE MONITOR WAS ORIGINALLY SUGGESTED AND WHILE, WHILE WE TOTALLY APPRECIATE THE FACT THAT THE TOWN WANTS TO, UM, ENSURE THAT
[00:35:01]
EVERYTHING ON THE PROPERTY IS SAFE AND LAWFUL, I WOULD HOPE THAT THE TOWN DOES NOT BELIEVE THAT IT NEEDS A PAID CONSULTANT AT THE PROPERTY.SOMETIMES TWO PAID CONSULTANTS EIGHT HOURS A DAY, FIVE DAYS A WEEK.
SO YOU GUYS WANNA DO A SPOT CHECK ONCE A WEEK, TWICE A WEEK, GO SEE HOW THE PILES ARE DOING.
IF, IF, IF IT'S CONCERNED THAT DPW THE TOWN ENGINEER CAN'T GET OUT AND DRIVE BY, BUT WE WOULD, WE WOULD STRONGLY RECOMMEND THAT YOU HAVE THE PICTURES, UM, THAT THE TOWN DOES NOT NEED WHAT IT HAS BEEN DOING.
AND, AND WE HAVE A, ACTUALLY I HANG ON.
UM, UM, CAN I APPROACH? YOU CAN, CAN I APPROACH? NO.
I JUST WANTED, OH YEAH, SORRY, WE DIDN'T KNOW WHAT IT WAS.
SO THIS IS WHERE THE MONITOR SITS EIGHT HOURS A DAY.
SO YOU CAN'T EVEN SEE THE SITE.
YEAH, I MEAN I CAN UNDERSTAND IF, IF THERE WAS SOMETHING TO LOOK AT IT, COME LOOK, LOOK AT THE PILES.
BUT I MEAN $38,000, THAT'S LIKE, THAT'S MONEY AND THAT'S NOT THE FIRST MONTH.
JUST IF THEY'RE DOING SOMETHING.
YOU WANT THAT ONE? SO IN LIGHT OF THE PHOTOGRAPH, IN LIGHT OF THE COST, WE WOULD ASK THE TOWN ATTORNEY IN TOWN STAFF TO CONSENT TO A REDUCTION OF THE MONITOR TO SOMETHING THAT'S PRAGMATIC AND REASONABLE.
MAY, MAY I ASK WHAT WAS JUST SHARED WITH, WITH THE BOARD SINCE I'M ON ZOOM AND PHOTOGRAPH, PHOTOGRAPH JOE OF THE WHITE PICKUP TRUCK WITH THE FOR SALE SIGN THAT'S PARKED AT THE DRIVEWAY, PARKED AT THE INTERSECTION.
SO, SO THAT MONITOR, SORRY TO CUT OFF A MEMORY OF THE BOARD, IF SOMEONE'S SPEAKING SLIGHT DELAY, UM, THAT MONITOR IS KEEPING A NUMBER OF TRUCKS COMING INTO THE SITE ON A DAILY BASIS AND IS TAKING NOTE OF, UM, THE TRUCK'S INFORMATION ON A DAILY BASIS.
I UNDERSTAND THE COST IS EXCESSIVE AND UH, YOU KNOW, I WOULD LIKE TO HAVE FURTHER DISCUSSION WITH YOU, DAVID, AS TO MAYBE WE'VE REDUCING THE NUMBER OF HOURS.
I THINK A ONCE A WEEK IT WON'T BE SUFFICIENT.
UM, I WOULD ALSO JUST LIKE TO REMIND EVERYONE THAT THE APPLICANT WAS OPERATING AT FOUR TIMES WHAT WAS ALLOWED UNDER A SPECIAL PERMIT FOR A LARGE NUMBER OF YEARS, WHICH I'M SURE RESULT IN A LARGE AMOUNT OF REVENUE AS WELL.
SO I, I THINK IT WOULD BE REASONABLE TO POSSIBLY REDUCE THE MONITOR.
UH, BUT I DON'T THINK THAT ONE DAY A WEEK WOULD BE SUFFICIENT.
SO THE TOWN OF GREENBURG IS PUNISHING MY CLIENT FOR SUCCESS.
IS THAT, IS THAT A LAWFUL ACT UNDER THE ZONING ORDINANCE? IS THAT, I MEAN, I DON'T UNDERSTAND WHAT THAT PART, DUNNO WHY THE TOWN ATTORNEY WOULD BE TALKING ABOUT REVENUE THAT MY CLIENT IS MAKING.
THAT'S JUST WAY OUTTA LINE MY FRIEND JOE DANKO.
I I HOPE YOU'RE CHECKING SAM'S CLUB.
I HOPE YOU'RE CHECKING EVERYBODY ELSE IN THE TOWN SO THAT WE CAN ALL CHEER IN THE TOWN OF GREENBURG.
THAT COMMERCE IS NOT A GOOD THING, DAVID.
IT'S NOT ABOUT COMMERCE, IT'S ABOUT THEN DON'T TALK ABOUT COMMERCE AND DON'T TALK ABOUT COMMERCE, DON'T TALK ABOUT HOW MUCH MONEY MY CLIENT MAKING GENTLEMEN.
THIS IS NOT SOMETHING THAT WE CAN NEGOTIATE OR TAKE PART IN.
AND, AND THE ONLY, THE OTHER THING, JOE, WITH ALL DUE RESPECT, I DON'T KNOW WHY YOU'RE COUNTING TRUCKS BECAUSE I'M NOT BEING REGULATED ON THE NUMBER OF TRUCKS.
SO YOU CAN COUNT TRUCKS ON YOUR OWN DIME.
IF YOU WANNA COUNT TRUCKS, GO COUNT TRUCKS.
SO WITH ALL DUE RESPECT, LET'S DO THIS AND, AND I DUNNO IF WE LOST JOE.
LOOKS LIKE WE MIGHT'VE UNSTABLE.
I'M, YEAH, NO, AND I PAUSED JOE WHEN YOU DID.
I DON'T WANT TO MOVE WITHOUT YOU.
THANK WE, I, I SAID IT EARLIER IN RESPONSE TO SHAUNA'S QUESTION AND THAT'S KIND OF WHY THE DANCE OCCURRED BECAUSE WITH ALL DUE RESPECT, I KNOW WHAT I'VE BEEN DOING WITH THE TOWN FOR THE LAST THREE MONTHS.
IF THE TOWN'S GONNA BE COOPERATIVE AND REASONABLE, I'M SURE WE'RE GONNA GET SOMEWHERE IF, IF THEY'RE GONNA TAKE POSITIONS THAT I'M DUTY BOUND AS A LAWYER REPRESENTING A CLIENT TO SAY YOU'RE OUTTA LINE AND THE LAW DOESN'T LET YOU DO THAT UNDER YOUR ZONING ORDINANCE.
SO I I AND, AND I THINK THE TOWN ATTORNEY HAS WALKED RIGHT INTO ONE OF THOSE THINGS.
IT'S THE TOWN OF GREENBERG FOR 21 YEARS THAT KNOWINGLY ALLEGEDLY WAS WATCHING THE OPERATION AND JUST LIKE MY CLIENT KNEW THAT MAYBE EVERY ONE OF THE SPECIAL PERMIT CONDITIONS WASN'T BEING ABIDED BY TO THE LETTER.
[00:40:01]
IIII CAN'T ATTRIBUTE KNOWLEDGE TO MR. LOCITO, MR. FTA, MR. DAM AND ALL THE OTHER OFFICIALS.THE ISSUE IS DID ANYTHING GO WRONG? DID ANYTHING HAPPEN? WE'RE HERE TO GET A NEW SPECIAL PERMIT.
I'M AS THE, I WROTE YOU A LETTER WHEN I STARTED THIS SAYING, YOU KNOW WHAT, I WISH GLENN HAD CALLED ME YEARS AGO AND SAID, GLENN, WE PROBABLY SHOULD GET A NEW SPECIAL PERMIT.
THE FACT THAT IT DIDN'T HAPPEN, STOP HOLDING THAT AGAINST THE PROPERTY OWNER 'CAUSE THE GOVERNMENT DIDN'T SAY ANYTHING.
THE GOVERNMENT MADE SURE TO COLLECT ITS TAXES, PICK UP ITS PERMIT FEES, WRITE LETTERS BACK AND FORTH TO JEFF MANGANELLO EVERY YEAR, REISSUING THE SPECIAL PERMIT UNTIL THE VERY END STOP, STOP TRYING TO ARGUE WHAT HAPPENED OVER THE LAST 21 YEARS WAS SOMEHOW WRONG BY MY CLIENT.
UM, YOU DID YOU MEAN THE PROPERTY OWNER OR THE TENANT IN TERMS OF, UM, WHO WAS PROFITING FROM WHAT WAS GOING ON? I'M, I'M MEANT TO SAY THE TENANT.
I, I, I GATHER, I MUST'VE SAID PROPERTY OWNER.
UM, I, I AM BEGINNING TO FEEL THAT, UH, THIS IS GETTING A LITTLE OUT OF HAND.
UM, YOU ON ONE HAND WANT US TO COME TO AN AGREEMENT ON A SPECIAL PERMIT TONIGHT.
UH, THE TOWN FEELS THAT THEY NEED A LITTLE BIT MORE TIME.
UM, WE ARE BEING TOLD THAT YOU GUYS ARE COMING VERY CLOSE TO A MEETING OF MINDS.
UM, I DON'T HAVE, AND I DON'T THINK EVERY ANYONE ELSE HERE ON THE BOARD HAS THE DETAILS OF THIS SPECIAL PERMIT YET, WHICH IS DEFINITELY VERY IMPORTANT INFORMATION FOR US TO HAVE AT HAND BEFORE WE CAN COME TO A DECISION.
YEAH, I WOULD ALSO LIKE TO SAY THAT, UM, I DON'T WANT THE TOWN TAKING FOREVER.
I THINK, UH, ONE MORE MONTH IS MORE THAN ENOUGH.
DOES ANYONE ELSE HERE ON THE BOARD FEEL THAT SAME WAY? BECAUSE YOU ARE MAKING, JOE, YOU'RE MAKING IT SOUND AS IF WELL NO, MAYBE IT'S NOT A MONTH, MAYBE IT'S ANOTHER TWO MONTHS.
I CAN'T UNDERSTAND WHY IT SHOULD TAKE THAT LONG.
EXPLAIN TO ME WHY IT SHOULD TAKE THAT LONG AND TRY TO CONVINCE ME FOR A REASON WHY IT SHOULD TAKE THAT LAW.
SO I'M SORRY IF IF IT CAN'T BE, IF IT CAN'T BE DONE.
I'M SORRY MY STATE IS CUTTING OUT.
YOU, YOU, YOU'RE NOT HEARING ME.
'CAUSE I'LL BE GLAD, I'LL GLAD
I'M JUST WASN'T SURE IF YOU WERE DONE.
UM, NO, I THINK WE CAN GET WHAT WE BELIEVE ARE ACCURATE CONDITIONS, SPECIAL PERMIT CONDITIONS OVER TO THEM, WELL WITHIN THE MONTH.
BUT I THINK THE QUESTION WAS IF YOU COULD COME TO AN AGREEMENT WITHIN A MONTH AND I JUST WASN'T SURE THAT WAS POSSIBLE.
UM, YOU KNOW, NEXT WEEK, THE END OF THE WEEK BEING THANKSGIVING, I WASN'T SURE IF PEOPLE CELEBRATED, UM, JEWISH HOLIDAYS COMING UP.
UM, SO I THINK IT'S IN THE BEST INTEREST OF EVERYBODY TO COME TO A DETERMINATION AS QUICKLY AS POSSIBLE AND WE CAN GET SOMETHING OVER TO FAIL QUICKLY AS WELL.
UH, DO YOU HAVE JUST, UM, ASKING JOE A GENERAL IDEA BECAUSE I KNOW THE SPECIAL PERMIT THAT, UM, FEDERAL HAS PROVIDED US IS, I, I DON'T RECALL THE DETAILS OF IT, BUT IT WAS FAIRLY CONDITION FREE.
THERE WEREN'T, OTHER THAN SAFETY AND ALL OF THAT, WHAT, WHAT, WHAT IS THE TOWN? I WOULD LIKE TO KNOW LIKE WHAT KIND OF CONDITIONS YOU ARE CONSIDERING, UM, AT THIS POINT, YOU KNOW, IN TERMS OF SAFETY, NOISE, STORM WATER, YOU KNOW, WHAT, WHAT ARE YOU CONSIDERING? BECAUSE I MEAN, I I DON'T KNOW HOW FAR APART YOU ARE WITH FAIL AND, AND AGAIN, WITH THE TIMING, LIKE I I ALSO THINK THAT IT'S TIME TO MOVE THIS ALONG AND, AND GET THEM BACK, UM, AT FULL CAPACITY IN WHATEVER THAT MEANS.
SO I DON'T KNOW IF YOU JUST COULD ANSWER THAT.
YES, AND WITH ALL DUE RESPECT, I DON'T THINK I AM ABLE TO ANSWER THAT QUESTION AT THIS MOMENT ONLY BECAUSE I AM GOING TO RELY ON TOWN STAFF TO GIVE THE EXACT SPECIFICS.
AND I WOULD HATE TO, UM, SAY SOMETHING TONIGHT THAT IS NOT ACCURATE AND IS A PART OF THE RECORD THAT, UM, WILL THEN BE MODIFIED LATER ON.
AND IT MIGHT MAKE IT SEEM LIKE WE'RE EITHER FURTHER OR CLOSER THAN WE ACTUALLY ARE.
WE'RE STILL MAKING THOSE DETERMINATIONS RIGHT NOW.
AND I I JUST WANNA REMIND EVERYONE, WE DID JUST RECEIVE SOME INFORMATION FROM THE APPLICANT RECENTLY AND WE'VE BEEN HAVING DISCUSSIONS AND WE HAD A SITE VISIT 10 OR SO DAYS AGO.
I DON'T HAVE THE EXACT DATE, WHICH HELPED MOVE THESE DISCUSSIONS ALONG.
[00:45:01]
WILL BE REASONABLE AND I DON'T BELIEVE THAT ANYTHING WILL BE CONSIDERED A DEAL BREAKER OR OUT OF THE ORDINARY OR, OR OUT OF THE BLUE.I I THINK WE'LL BE ABLE TO RESOLVE THIS.
MS. CONNECT, WOULD YOU CONSIDER ASKING YOUR QUESTION IF THERE'S ANOTHER STAFF MEMBER FROM THE TOWN INVOLVED THIS EVENING? I KNOW YOU'RE ASKING THE TOWN ATTORNEY AND, OH, IS THERE SOMEONE FROM THE BUILDING DEPARTMENT IN GENERAL? IN GENERAL, THERE, THERE ARE STORM WATER BASED CONTROLS TO MAKE SURE THAT WHATEVER LEVEL THEY WANT TO, UM, INCREASE THEIR VOLUME TO THAT IT, IT CAN BE DONE IN A MANNER THAT DOES NOT LEAVE THE SITE SUSCEPTIBLE WHEN THERE'S HEAVY RAINFALLS EVENTS.
UM, IN ADDITION, WITH REGARDS TO ANYTHING THAT HAS TO DO WITH ASPHALT, I THINK THERE'S SOME BEST PRACTICES THAT HAVE BEEN CONVEYED TO THE APPLICANT AND I THINK THEY'VE ACKNOWLEDGED THAT MANY OF THOSE CAN BE DONE ON THE SITE.
UM, SO I THINK IT'S REALLY JUST ENSURING THAT WE HAVE A PLAN THAT MATCHES THE EXPECTATIONS FROM A SAFETY PERSPECTIVE OF THOSE TWO THINGS PRIMARILY, WE'RE, WE'RE READY TO SIT DOWN WITH STAFF TOMORROW, MONDAY, TUESDAY.
WE, WE, WE, I TOTALLY APPRECIATE THE MR. KO'S COMMENTS ABOUT THE CONCERN ABOUT THE THANKSGIVING HOLIDAY AND RELIGIOUS HOLIDAYS WE'RE, WE'RE READY.
UM, BECAUSE IT WOULD BE NICE TO HAVE A, UM, A DOCUMENT WITH THE, WITH THE TOWN WANTS THAT SATISFIES FAIL TO REVIEW, YOU KNOW, EVEN BEFORE THE NEXT MEETING.
WE AGREE WE'VE BEEN ASKING FOR THAT FOR 60 DAYS.
I DON'T WANNA JUST GET THE DOCUMENT.
YOU KNOW, THAT WILL BE SENT BEFORE MEETING AND THEN WE HAVE TO, YOU KNOW, IT SOUNDS LIKE THE PROCESS IS OFF A LITTLE TOO.
LIKE THERE'S SOME BACK AND FORTH AND TIME, SO MAYBE THE TIMELINESS, MAYBE GET IN A ROOM ALTOGETHER AND GET THIS AND, YOU KNOW, I MEAN, I COME FROM A CORPORATE NOT BACKGROUND AND LIKE WE WOULD LIKE GO GET IN A ROOM FOR EIGHT HOURS UNTIL YOU GET SHARED VISION AND COME BACK OUT WITH SHARED VISION.
SO MAYBE THINK ABOUT THE PROCESS SO THAT YOU CAN GET THIS RESOLVED AND WE CAN GET THIS DONE NEXT MONTH.
UM, IS THIS HOLDING UP ANY OTHER CONTRACTS OR ANYTHING FOR YOU GUYS OR WHAT WE DO IS THAT WE HAVE LIMITED CAN YOU GET TO THE MIC PLEASE? THANK YOU.
I'M SORRY, WHAT NAME? IT'S OKAY.
UM, WE HAVE LIMITED THE QUANTITIES OF MATERIAL COMING IN BECAUSE THAT'S WHERE THE, THE PILES GET BIG BECAUSE THE WAY PROJECTS WORK IS WHEN THEY'RE GONNA TO DEMOLISH A BUILDING AND YOU'RE GONNA TAKE CONCRETE, THEY EXCAVATE ALL THE CONCRETE IN TWO WEEKS AND YOU MAY GET 20,000 YARDS OF CONCRETE AND THEN IT COMES AND THEN IT STOPS.
SO WE'VE, WE'RE NOT PURSUING ANY OF THOSE PROJECTS.
WE'VE TURNED AWAY ASPHALT TOO.
ONE OF YOUR VILLAGES IS DUMPING ASPHALT IN THE STUMP DUMP BECAUSE THERE'S NO PLACE TO DUMP ASPHALT IN WESTCHESTER IF YOU WANNA RECYCLE IT.
UM, MADAM CHAIR, I HEARD THE ISSUES, A COUPLE OF THE ISSUES THAT CAME UP REGARDING THE HEIGHTS.
'CAUSE I, I I LOOK AT, THERE'S THREE ITEMS THAT ARE, THAT WE'VE LOOKED IN THE PERMIT TO MODIFY FROM THE ORIGINAL PERMIT, THE HOURS OF OPERATION.
IF WE CAN GET INTO THAT, WE'VE, UH, THE PEAK TRAFFIC TIME ON ROUTE NINE IS 7:30 AM SO BY STARTING US AT SEVEN 30, YOU'VE PUT US INTO PEAK TRAFFIC TIME WHERE ALL OF OUR GUYS WANNA COME IN AT SIX AND GET THESE LOADS DONE AND THEN LET THE PEAK TRAFFIC GO AND THEN COME BACK AROUND 10.
YOU KNOW, IT, IT WORKS AS A CYCLE.
THE, UH, ISSUE CAME UP WITH THE HEIGHTS REGARDING SAFETY AND I HAVE A LE I HAVE A LETTER.
WE DO MONTHLY MOCKS, SSHA AND OSHA INSPECTIONS AT EVERY ONE OF OUR FACILITIES.
AND WE HAVE A LETTER FROM OUR INSURANCE AGENT.
I DON'T KNOW IF YOU UNDERSTAND WORKMAN'S COMP MOD.
WE HAVE A 0.74 MOD, WHICH MEANS THAT WE ARE EXTREMELY SAFE.
KNOCK ON WHAT I DON'T LIKE TO SAY IT.
WE HAVE NOT HAD A LOST TIME ACCIDENT AT ANY OF OUR FACILITIES IN OVER FIVE YEARS.
THE FACILITY IN FISH GILL, THE MACHINES SIT 200 FEET ABOVE THE GROUND.
SO THE, WE, WE WORK WITH THIS STUFF ALL THE TIME.
SAFETY AND ENVIRONMENTAL ARE WHAT CAN PUT US OUTTA BUSINESS.
SO ALL OF OUR GUYS KNOW THAT THE MOST IMPORTANT THING IS NOT GETTING THE TRUCKS IN AND OUT, NOT CRUSHING THE MATERIAL.
IT'S MAKING SURE THAT WE'RE ENVIRONMENTALLY COMPLIANT.
THE DEC REGARDING THE STORM WATER, WE ARE AN INDUSTRIAL SECTOR STORM WATER PERMIT.
THE DEC HAS THREE TYPES OF PERMITS.
THEY HAVE A CONSTRUCTION SITE PERMIT THAT THEY REGULATE.
TOWN OF GREENBURG REGULATES IT.
THEY HAVE AN MS FOUR PERMIT, WHICH IS GIVEN TO MUNICIPALITIES.
TOWN OF GREENBURG HAS AN MS FOUR PERMIT IN YOUR MS FOUR PERMIT.
IT TALKS ABOUT WHAT YOU REGULATE AND IT TALKS THAT YOU EDUCATE THE PUBLIC.
THERE'S ABOUT SIX CATEGORIES IN THERE.
IT ALSO TALKS ABOUT CONSTRUCTION
[00:50:01]
SITES.YOU REGULATE CONSTRUCTION SITES.
IT DOES NOT TALK ABOUT INDUSTRIAL FACILITIES BECAUSE WE ARE DIFFERENT.
WE'RE SPECIAL, WE ARE HIGHLY REGULATED.
THAT'S WHY YOU HAVEN'T HEARD FROM US FOR 26 YEARS BECAUSE WE HAVE PEOPLE THAT COME HERE.
DEC STORMWATER IS 2.9 MILES DOWN THE ROAD FROM US ON WHITE PLAINS ROAD.
THE REGULATORS, THE DEC REGULATORS, THEY WERE CALLED ABOUT THIS FACILITY BY THE TOWN OF GREENBURG AND THEY SAID, WOULD YOU LIKE US TO COME OUT AND INSPECT THE SITE? AND THE TOWN SAID, NO, WE DON'T NEED IT.
THE FACILITY'S SHUT DOWN RIGHT NOW.
THEY WILL COME ANYTIME I HAVE A PERSONAL RELATIONSHIP WITH THE DEC BECAUSE WE HAVE TO BE VERY COMPLIANT.
I'LL, I'LL SUBMIT THE EMAIL IF YOU'D LIKE.
JOE, I'M GETTING THEM AN EMAIL FROM MIKE CORRESPONDENCE WITH THE DE.
MY QUESTION IS, IS THIS SOMETHING THAT WE SHOULD BE DOING IN FRONT OF THE BOARD? THANK YOU.
I BELIEVE THE TOWN ENGINEER SAID EARLIER TODAY THAT HE, HE DID NOT MAKE THESE STATEMENTS THAT WERE IN THAT EMAIL.
SO I'D LIKE JASON CAPLA TO PUT THAT IN WRITING AND SEND THAT TO THE BOARD SO THEY'RE AWARE THAT HE DISAGREES WITH WHAT'S IN THAT EMAIL.
MS. DENKO, I WAS TOLD THAT BY MR. CAPOLI.
I EXPLAINED THAT TO MY CLIENT.
MY CLIENT STANDS BY THE COMMUNICATION HE GOT FROM DEC.
SO IT REALLY, IT'S REALLY FOR MS. BROWN FROM THE DEC WHO WROTE IT.
MS. MS. BROWN TAKES HER POSITION IN THE EMAIL TO MR. QUIANA.
SO, BUT SUFFICE IT TO SAY, JOE, YOU NEED TO KNOW.
I DID TELL GLENN EXACTLY WHAT JASON TOLD ME AND GLENN SAID, I APPRECIATE THAT.
AND ONE OF THE, IF THEY WERE UP IN MILLBROOK, NEW YORK, I COULD UNDERSTAND IT.
THEY'RE 2.9 MILES DOWN THE ROAD, THEY WILL COME OUT ANY DAY RIGHT THERE.
IT'S VERY EASY FOR THEM TO COME SEE OUR SITE.
I HAVE THE DEC AT OUR SITES HERE AND IN FISH GILL THEY COME UP, THEY BRING OTHER PEOPLE TO SHOW THEM WHAT WE ARE DOING.
I THINK THAT WAS THE SAFETY WAS THE ISSUE.
IF THERE'S ANYTHING ELSE WE'RE HAPPY TO ANSWER.
YEAH, I DON'T KNOW IF THERE'S ANY, IF THE BOARD IS, IS INCLINED AS I CERTAINLY WELL PERCEIVE TO ENCOURAGE US TO CONTINUE WORKING WITH THE TOWN OVER THE NEXT 30 DAYS.
WE ABSOLUTELY WERE READY TO DO IT.
UM, I THINK EVERY, I THINK THE TOWN STAFF THAT ARE PRESENT THIS EVENING WILL TELL YOU WE HAVE BEEN QUITE RESPONSIVE.
UM, MAY BE PESTERING THEM TO MEET WITH US MORE THAN THEY WOULD LIKE.
SO WE WOULD LIKE TO DO IT AND THEN WE'RE OF COURSE WILLING TO MEET WITH YOU FURTHER AS WELL.
AND LET'S SAY THAT WE COME TO A RESOLUTION BY, UH, THE NEXT MEETING IN DECEMBER.
I I I WOULD, I AGREE THAT, YOU KNOW, WE COULD DO SOMETHING BY NEXT, BY THE DECEMBER MEETING, BUT I WOULD ALSO, YOU KNOW, YOU SAY YOU COME FROM CORPORATE.
I COME FROM A 28 YEAR GOVERNMENT CAREER AND I WOULD NEVER WANT THE SAFETY OF THE CITIZENS OF THIS TOWN TO BE JEOPARDIZED IN THE NAME OF BEING QUICK.
I HAVE FULL FAITH THAT THE BOTH SIDES WILL WORK IN GOOD FAITH AND I DO BELIEVE A DEADLINE OF A MONTH FROM NOW, UNLESS THE TOWN FEELS THAT DEADLINE IS NOT REASONABLE, THAT BECAUSE OF THE DOCUMENTATION YOU NEED OR STUDIES YOU NEED OR YOU KNOW, DO YOU NEED, YOU KNOW, WATER SAMPLE, YOU KNOW, KIND OF SAMPLING DONE OR SOMETHING THAT, THAT CANNOT BE DONE WITHIN A MONTH.
I, I WOULD RELY ON COMMISSIONER DECANE IF HE THINKS THAT IT WOULD BE POSSIBLE WITHIN A MONTH.
YOU ALWAYS ARE THE ENGINEERS IN THE ROOM AND, UM, ALWAYS ARE AND WE APPRECIATE IT.
I ASSUME MADAM CHAIR, UM, THAT IN LIGHT OF WHERE WE ARE IN THE DISCUSSIONS THAT MY CLIENT WOULD THEREFORE CONTINUE OPERATING, UM, BETWEEN NOW AND THAT DATE, UM, THAT I GATHER WE'RE OPERATING IN SOME FORM PURSUANT TO THE STIPULATION THAT WAS PREVIOUSLY ENTERED INTO.
I WOULD, I, I WOULD GR GREATLY APPRECIATE ANY GUIDANCE FROM THE BOARD IF, IF
[00:55:01]
THE BOARD FEELS COMPELLED IN LIGHT OF MR. ANA'S EXPLANATION, WE WOULD LOVE SOME RELAXATION OF THE HOURS.UM, WE WOULD CERTAINLY LIKE TO KNOW WHETHER YOU WANT US TO CONTINUE HAVING THE PURE ASPHALT LOADS THAT LOCAL GOVERNMENTS ARE BRINGING TO US AND OTHERS ARE BRINGING TO US JUST SENT OFF.
WE'LL KEEP DOING THAT IF THAT'S WHAT YOU WANT.
AND UM, LASTLY, I CERTAINLY ASK THAT YOU ENCOURAGE YOUR PROFESSIONAL STAFF THAT THEY DON'T NEED $38,000 OF CONSULTING FEES OVER THE NEXT 30 DAYS.
I DON'T KNOW IF WE CAN ACCOMPLISH THAT THIS EVENING.
UH, I'M ASSUMING THAT YOU'RE PAYING THE $38,000 WE HAVE UP UNTIL NOW.
MR. CRITCHLOW, I WILL CONFER WITH MY CLIENT AS WE LEAVE HERE WHETHER I WOULD RECOMMEND THAT MAYBE HE CONSIDER NOT, BUT WE WOULD TRYING TO BE COOPERATIVE AND THAT'S WHY I'M ASKING THE TOWN, MAYBE TAKE YOUR FOOT OFF THE GAS AND STOP, YOU KNOW, DRIVING THAT FAST.
THERE'S JUST NO REASON FOR IT.
SO I, I, I, MR. CRITCHLOW, HERE'S WHAT I'M GONNA TELL YOU.
I HAVE ASA SNEAKING SUSPICION THAT BETWEEN MR. DANKO AND MR. DUQUESNE, COMMISSIONER DUQUESNE, THAT, THAT MY FRIENDS OVER AT KARD SESSIONS ARE NOT GONNA CHARGE $38,000 FOR THE NEXT MONTH.
SO I'M GOING TO GO TO SLEEP TONIGHT THINKING THAT GOVERNMENT'S GONNA DO THE RIGHT THING HERE.
IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO COMMENT ON WHAT WE'VE HEARD THIS EVENING? IF THERE'S ANYONE ON THE ZOOM, PLEASE UNMUTE YOUR MIC.
IT DOES NOT APPEAR SO NOT A PUBLIC.
ANYTHING FURTHER FROM US? I THINK YOU'VE GIVEN US A LOT
YES, WE HAVE MORE THAN WHAT WE CAN OBVIOUSLY HANDLE.
I WILL SAY THAT YOU STARTED OFF WITH SAYING THAT YOU WERE GOING TO ADDRESS THE SPECIAL PERMIT AND WE'VE DONE THAT, CORRECT? WE HAVE DONE THAT AND WE, AND WE'VE DONE IT SUCCINCTLY.
I EXPLAINED THAT WE HAD AN ORIGINAL APPLICATION.
I EXPLAINED THAT WE CHANGED IT AND I EXPLAINED WHY WE THOUGHT THE REVISED VERSION WAS RATIONAL AND CREDIBLE.
WE'VE ONLY TALKED ABOUT THE SPECIAL PERMIT THUS FAR.
DO YOU WISH TO SAY ANYTHING ABOUT THE APPEAL? YEAH, I MEAN I THINK IT WAS KIND OF INTERTWINED DAR SHE, FOR THE INDUSTRIES, I THINK IT WAS KIND OF INTERTWINED IN THE CONVERSATION WE HAD.
UH, WE'D LIKE IT TO BE ADJOURNED ANOTHER 30 DAYS.
UH, IT'S ALMOST LIKE WHY HAVE A DECISION WHEN WE'RE WORKING OUT THE DEAL HERE? UH, AND IT SOUNDS LIKE WE'RE REALLY CLOSE AND WE HOPE TO GET IT DONE IN THE NEXT 30 DAYS.
SO WE'D ASK FOR ANOTHER ADJOURNMENT OF THE APPEAL FOR 30 DAYS.
UH, AND HOPEFULLY WE DON'T NEED TO EVEN HAVE A DECISION ON IT.
ANY COMMENTS ON THAT? YES, I WOULD.
I WOULD LIKE TO COMMENT ON THAT.
SO I WOULD JUST LIKE TO POINT OUT ONE PORTION OF THE APPEAL OF, UM, PAGE TWO OF DARIUS, OR EXCUSE ME, PAGE THREE OF DARIUS'S UH, APPEAL DATED AUGUST 8TH.
UH, THE LAST PARAGRAPH STATES THUS A STOP WORK ORDER IS NOT PROPERLY ISSUED BY THE BUILDING INSPECTOR TO UNILATERALLY STOP OPERATIONS ON A PROPERTY FOR WHICH THE ZONING BOARD HAS ISSUED A SPECIAL PERMIT.
MY CONCERN WITH THE STOP WORK ORDER IS THAT THIS APPEAL IS ADDRESSING NOT ONLY WHAT HAPPENED HERE, HERE AT YALE INDUSTRIES, BUT OTHER AREAS AS WELL.
AND I WOULD LIKE A DETERMINATION AS TO IF THE BUILDING INSPECTOR HAS THE AUTHORITY TO ISSUE A STOP WORK ORDER, UM, BASED ON WHAT I'M HEARING TONIGHT IN TERMS OF A 30 DAY KIND OF TIME LIMIT HERE AND TRYING TO HAVE THIS ALL RESOLVED ALL AT ONCE, UM, I'VE GIVEN THIS A LOT OF TIME AND CONSIDERATION AND I FEEL A LITTLE UNCOMFORTABLE WITH IT, BUT I THINK I'D BE WILLING TO, UM, JUST LET IT RUN THE COURSE WITH OVER THE NEXT MONTH AND TRY TO HAVE THIS ALL RESOLVED AT ONCE.
BUT I WILL RESPECTFULLY ASK THE BOARD FOR A DETERMINATION EVEN IF A SPECIAL PERMIT WERE TO BE
[01:00:01]
DECIDED ON, JUST SO WE DO HAVE A FULL UNDERSTANDING OF THE BUILDING INSPECTOR'S, UH, RIGHTS WITHIN THE TOWN.SO WE DON'T NEED TO ADDRESS THAT TONIGHT, IT SOUNDS LIKE.
WE'LL, WE'LL COME BACK IN A MONTH AND WE'LL HAVE OUR, UH, AMENDED SPECIAL PERMIT AND WE CAN ADDRESS THAT ISSUE AT THAT TIME OR WE CAN WITHDRAW, OR THERE'S OTHER OPTIONS TOO.
I'LL SPEAK TO MR. DANKO ABOUT.
ANY FURTHER COMMENTS? OR WE COULD CLOSE FOR DECISION ONLY.
SHOULD WE BRING THAT UP? OKAY.
THANK YOU MADAM CHAIR AND MEMBERS APPRECIATE YOUR TIME.
I ASSUME YOU DO NOT NEED US TO STICK AROUND FOR ANYTHING FURTHER FOR YOUR DELIVERY.
YOU WOULDN'T LEAVE US, WOULD YOU?
YOU WOULDN'T, YEAH, IT SEEMS LIKE THE, THE AUDIENCE, OUR, OUR INTERNET IN THE ROOM IS NOW, SO HOLD ON ONE SEC.
EVERYBODY HAVE A WONDERFUL THANKSGIVING.
IF YOU'RE SPEAKING TO ME, MY JOB MAY WANNA CALL HIM ON THE PHONE.
YEAH, I'M GONNA SEND THE CHAT OUT.
SU THIS IS MOVE THE TRANSFER INTO EXECUTIVE SESSIONS.
WELL, I WOULD LIKE TO DO THE NEXT CASE IF WE COULD.
WE WERE GONNA GET, UM, DID THEY ADJOURN THEMSELVES? NO, NOT THAT ONE.
THIS ONE TO OUR EXECUTIVE SESSION.
[01:07:07]
[01:12:26]
[01:16:01]
UM, ARE WE ON NOW? OKAY, THANK YOU.
WE DID HAVE A LITTLE BREAK BECAUSE OF, UH, TECHNICAL PROBLEMS, HOWEVER WE ARE BACK AND, UM, BECAUSE I HAD NOT HAD THE FINAL AGENDA WHEN I ANNOUNCED HER EARLIER CASE 23, 29, CINDY AND DOUGLAS COLLINS HAS, HAS BEEN, OR HAS BEEN ADJOURNED TO DECEMBER 14TH MEETING FOR RE NOTICING PURPOSES AND WILL NOT BE DISCUSSED AT THIS MEETING.
HOWEVER, I WANTED TO KNOW IF THERE WAS ANYONE WHO HAD ANY COMMENTS, UH, WITH RESPECT TO THIS CASE THAT IS OUT THERE THAT WANTED TO BE HEARD.
WE'RE NOT SURE WE CAN, THEY CAN BE HEARD AT THIS POINT.
DO, DO YOU KNOW, UM, KIRA, WELL, WE'LL SEE THEM NEXT MONTH.
ARE ANY OF THESE PEOPLE INTERESTED IN WHICH CASE THERE WAS SOMEONE FOR THAT ONE, BUT EVEN ON THE, ASSUMING SOMEONE WAS OUT IN ZOOM LAND AND WANTED TO BE HEARD ON YES.
THEY COULDN'T, COULD THEY? I'M GONNA SEND A CHAT RIGHT NOW TO VERIFY THAT.
WHAT I DO WITH VINCENT, SINCE I USE DIRTY PAPER, SO I PRINT THROUGH AND THEN NO, THERE IS NOT, THERE ARE NO SPEAKERS FOR THE, UH, PINE LANE APPLICATION.
SO WITH THAT, WE ARE GOING TO, UH, GO INTO OUR DELIBERATIONS AND WE WILL BE BACK SHORTLY.
[01:20:03]
OKAY.DID THE BOARD WANNA TAKE A TWO MINUTE BREAK? YES.
SO WE'LL TAKE A SHORT THREE TO FIVE MINUTE BREAK AND THEN WE WILL COME BACK TO DELIBERATION.
SO, TERRENCE, YOU CAN, UM, PAUSE THE LIVE FEED FOR A MOMENT AND WE'LL BE BACK IN A FEW MINUTES.
SO OUR FIRST CASE TONIGHT, AS WE ALL KNOW, UM, IS THE 2314, WHICH, UM, IS BEFORE US AND HAD BEEN CLOSED FOR DECISION ONLY.
SO ANY COMMENTS? I THINK WE HAD TAKEN A, UM, STRAW BEFORE.
YEAH, I THINK WHERE WE NETTED OUT WAS WE HAD GOTTEN SOME LAST MINUTE INFORMATION THAT SOME OF THE MEMBERS WANTED TO GO THROUGH BEFORE THEY, BEFORE WE TOOK A FINAL LOAN.
SO THOSE OF YOU WHO ARE IN THAT FRAME OF MIND, HAVE YOU DONE SO, AND HAVING DONE SO, ARE YOU SATISFIED WITH WHAT YOU HAVE, UM, GLEANED OR DO YOU WISH TO ASK OR, UM, I WAS, I THOUGHT WE, SORRY, WE VOTED FOR THE WE, THE DETERMINATION AND THE OTHER MATTER THAT MEMBERS NEEDED TO THINK ABOUT IS FOR NEXT MONTH.
THIS IS, THIS IS A BIFURCATED CASE.
ONE WAS THE APPEAL OF THE DECISION IN VOTE.
JUST IN CASE THEY HAVE COMMENTS, WE CAN LOOK THAT THEY REQUIRE A USE VARIANCE, THAT IT'S NOT A PERMITTED USE OF PROCESSING OF WOOD PRODUCTS THAT ARE NOT NATIVE TO THE SITE IS NOT PERMITTED.
THAT IT WAS THE APPEAL FROM THAT.
AND THEN THERE WAS THE ALTERNATIVE THAT IF YOU AGREED TO THE BUILDING INSPECTOR THAT THEY WOULD APPLY FOR THE USE BEARING.
THAT PART OF IT, THE USE VARIANCE PART HAS BEEN ADJOURNED TO DECEMBER.
SO THE ONLY THING THAT'S BEFORE YOU DENIED IS THAT YOU WOULD, UH, TAKEN A, I BELIEVE A STRAW VOTE TO DENY THE APPEAL.
AND I THINK YOU'VE GOTTEN THE DRAFT DECISION AND EVERYONE SEEN IT.
SO IF ANYONE HAS ANY PROBLEMS WITH IT, I DON'T JUST FIND IT.
NO, YEAH, I WALKED OUT WITHOUT IT.
ACTUALLY, I MIGHT HAVE IT ON ELECTRONICALLY.
I'M SURE IT'S ON MY COMPUTER, BUT, OH, SORRY.
I SHOULD READ THAT AT SOME POINT.
I SHOULD READ THAT AT SOME POINT.
I THINK, UM, YOU HAVE IT ON YOUR, YOU CAN SEE IT WANTS, OH, I CAN SEE IT.
HERE, IT'S ON CHANCE TO READ THIS.
OH, GIVE AHEAD THIS MICROPHONE,
THEN YOU GO BACK ON THE, THE RECORD.
ARE WE GONNA DO A, ARE WE GONNA DO A STRAW VOTE FIRST OR NOT SURE.
NO, YOU DID THE STRAW VOTE LAST DID, BUT I THOUGHT THERE WAS SOMEBODY MISSING.
EVERYBODY WAS HERE LAST MONTH.
SO WE ALREADY DID OUR STRAW VOTE.
SO IS THERE ANY QUESTIONS WITH RESPECT TO, UM, THE DECISION? NO.
[01:25:02]
SO THE NEXT THING WE HAVE IS 2321, WHICH IS FAIL.AND YEAH, I, I HAVE TO SAY IS SOMETHING, OTHERWISE I'D FEEL THAT I WAS REMISS YOUR QUESTIONS TO THE TOWN WERE, IN MY OPINION, UNFAIR IN THE SENSE THAT YOU ARE ASKING THEM, WELL, YOU, DO YOU COMMIT TO, UH, 30 DAYS FROM NOW, CAN YOU HAVE A DECISION IN 30 DAYS? WELL, YOU CAN LEAD A HORSE TO WATER, BUT YOU CAN'T MAKE THEM NECESSARILY DRINK.
SO IF THE TOWN COMES UP WITH WHAT THEY CONSIDER TO BE REASONABLE STANDARDS THAT THEY WANT INCLUDED IN ANY SPECIAL PERMIT, AND THEY'RE NOT A, YOU KNOW, THAT, THAT DOESN'T MEAN THAT THE OTHER SIDE IS NECESSARILY GOING TO AGREE.
AND IF THEY DON'T AGREE, IT MAY TAKE MORE THAN 30 DAYS.
GOD KNOWS, UH, THE HISTORY OF THE NEGOTIATIONS IN THIS CASE.
THAT'S WHY I WANTED TO KNOW HOW FAR APART THEY WERE.
WERE LIKE, WELL, THAT'S THE OTHER THING,
I, I FELT THAT PERSONALLY THAT BY GIVING THE 30 DAYS, IT GAVE EVERYBODY AN INCENTIVE TO, TO NEGOTIATE.
BUT IT'S NOT SOMETHING THAT WE CAN RELY UPON OR FORCE.
AND WE CAN JUST VOTE UP OR DOWN IF THEY REFUSE.
RIGHT? IF THEY REFUSE TO COME TO A MUTUAL UNDERSTANDING, WE HAVE THE OPTION TO JUST SAY, OKAY, YOU GOT, YOU HAD YOUR 30 DAYS.
WELL, WHAT ARE YOU SAYING? OKAY, TO, WE'LL VOTE ON WHAT THOUGH? ON WHAT TO NOT GIVE A SPECIAL PERMIT OR TO GIVE ONE.
BUT YOU WON'T HAVE A SPECIAL PERMIT IN FRONT OF YOU TO VOTE.
BUT KEEP IN MIND, YOU KNOW, WE, WE, WE, WE ARE A BOARD OF APPEALS.
THEY HAVE THE RIGHT TO APPEAL OUR FINDING, EVEN THOUGH WE'RE A BOARD OF APPEALS.
SO WE DON'T WANNA DO SOMETHING JUST BECAUSE WE WANT TO GET IT DISPOSED OF NECESSARILY, BECAUSE THEN THERE BECOMES AN APPEAL THAT MAY COME BACK TO US AGAIN, WHICH IS NOT SOMETHING WE REALLY NEED TO BE A PART OF.
THEY'LL SAY REMAND BACK TO THAT APPEAL BOARD BECAUSE THEY DIDN'T DO X, Y, Z OR WHATEVER.
THE THING THAT WAS SAID, AND SOMEONE JUST KIND OF GLOSSED OVER IT, WHICH I THOUGHT ABOUT, WAS THE FACT THAT WE ARE NOW IN HOLIDAY TIMES, AND I'VE NOTICED EVEN TODAY THAT THERE ARE PEOPLE WHO HAVE ALREADY TAKEN OFF MM-HMM.
AND THEN WE HAVE, HANUKKAH IS AT, IT'S AT THE BEGINNING OF DECEMBER NOW, THIS YEAR.
SO, AND PEOPLE ARE, YOU KNOW, THEY'RE NOT ALL AVAILABLE, THEY'RE NOT ALL FOCUSED ON, ON THESE THINGS AT THIS POINT.
SO WE HAVE TO GIVE SOME LEEWAY.
AND THE FACT THAT WE'RE HAVING OUR MEETING ON THE 14TH IS NOT EVEN, YOU KNOW, A MONTH AWAY.
SO LET'S BE, YOU KNOW, REALISTIC ABOUT IT.
AND WE ALSO HAVE, WHAT'S, WE HAVE A COUPLE OF, UH, ACTUAL HOLIDAYS.
WE HAVE THE, UH, THANKSGIVING, THANKSGIVING, THANKSGIVING COMING UP.
WE HAVE, UM, ARE YOU SUGGESTING THAT TWO MONTHS WOULD BE BETTER TO ADJOURN THIS FOR TWO MONTHS? NO, I'M NOT SAYING THAT.
I'M JUST SIMPLY SAYING THAT THE 30 DAYS I THOUGHT WAS A LITTLE ARBITRARY AND MAYBE NOT THE BEST THING TO THROW OUT THERE AT THIS TIME IS ALL I WAS SAYING.
I MEAN, WE CAN CERTAINLY, WHAT ARE YOU SUGGESTING THE ANSWER BE THEN? IF IT'S NOT 30 DAYS? WELL, WE'VE BEEN, WE HAVE A TIME PERIOD IF WE DECIDE TO CLOSE A CASE, WE HAVE A TIME PERIOD.
SO O IF THAT'S WHAT WE'RE WILLING TO DO, I DON'T THINK THAT WE REALLY SHOULD AT THIS POINT, UM, NECESSARILY DO THAT BECAUSE WE DON'T KNOW WHAT THEY'RE UP AGAINST.
WE'RE NOT PART OF THESE, YOU KNOW.
SO WHEN DID, WHAT'S THE DATE OF THE JANUARY MEETING AND THE FEBRUARY MEETING? I MEAN, ON THE OTHER HAND THOUGH, WHAT, WHEN DID YOU START? THINK IN GENERAL, WE HAVE A LIGHT AGENDA FOR DECEMBER, AUGUST 7TH.
NO, I'M NOT ASKING YOU ABOUT THAT.
I WAS JUST WHILE I'M LOOKING THAT UP.
'CAUSE THEY HAD, WHEN WAS THAT SPECIAL MEETING? UM, IT
[01:30:01]
LOOKS JANUARY 18TH.BUT I GUESS WHAT I WAS GONNA SAY IS THERE, THERE'S A FAIRLY LIGHT AGENDA ON FEBRUARY 15TH, A FAIRLY LIGHT AGENDA QUEUED UP FOR, UH, DECEMBER.
AND WE'RE GONNA WORK IN THE SPIRIT OF COOPERATION.
AND IF WE DO GET TO A POINT, YOU KNOW, THE TOWN'S CERTAINLY NOT GONNA RUSH ANYTHING.
BUT IF WE CAN GET THERE, WE, YOU KNOW, THAT IS THE GOAL.
UM, YOU KNOW, EVERYONE I THINK SHARES A SIM SIMILAR GOAL.
WE WANNA SAVE SIGHT, UM, AND WE'LL DO OUR BEST.
BUT, YOU KNOW, THERE, THERE'S, LIKE ED SAID, THERE'S THINGS BEYOND OUR CER, YOU KNOW, OUR CONTROL POTENTIALLY.
SO I THINK IF THE TOWN CAN SHOW THAT THEY'VE BEEN AVAILABLE AND THAT THEY'VE MET AND WE'VE GOTTEN CLOSER, BUT I DIDN'T HEAR A LOT OF THAT.
IT WAS MORE OF WELL, WE'RE NOT REALLY CONNECTING.
I THINK TO HAVE A REPORT IN 30 DAYS, EVEN IF IT IS JUST LIKE, THIS IS WHAT HAPPENED, LIKE YEAH.
AND AND I WOULD ALSO SAY LIKE, TO, YOU KNOW, NOT SAYING LIKE, NOW WE HAVE, YOU GUYS HAVE TO DECIDE, BUT YOU KNOW, IT WAS AT THE, OUR SUGGESTION TO PUT IN A MONITOR.
DO WE REALLY NEED TO HAVE ENGINEERS, YOU KNOW, LIKE, AND, AND THAT THEY HAVE TO PAY $38,000 A MONTH TO HAVE SOMEBODY THERE EIGHT HOURS OR 10 HOURS A DAY.
I THINK WE COULD RECONSIDER THAT ALSO.
I MEAN, WE HAVE THE DATA NOW TOO FOR WHAT, TWO AND A HALF MONTHS OF MONITORING.
SO, SO WE'LL CERTAINLY EVALUATE THAT AND, OKAY.
I I, I, I THINK THAT'S, UM, FAIR TO SAY.
HOWEVER, THE MONITORS ARE, YOU KNOW, THEY WERE ALSO SAYING THEY WANNA GET BACK UP TO FULL CAPACITY WITHOUT SAYING WHAT CAPACITY THEY'RE AT NOW.
UM, I THINK A MONITOR AT SOME FOR PART OF THE WEEK, JUST SO THEY DON'T SAY, OKAY, NO MONITORS AND WE'LL GO BACK.
I THINK YOU COULD HAVE SOMEBODY GO THERE AN HOUR A DAY OR SOMETHING LIKE THAT.
AND I DON'T KNOW IF IT NEEDS TO BE AN ENGINEER.
I, YOU KNOW, I I SEEMS A LITTLE OVERKILL.
I I DON'T KNOW WHAT THE QUALIFICATIONS WERE.
WE ACTUALLY, ALL WE DID WAS ASK FOR A MONITOR AND WE DIDN'T SPECIFY THE QUALIFICATIONS OR THE HOURS.
WELL, I THINK WE'RE GETTING OURSELVES A LITTLE TOO DEEP IN, YOU KNOW, IN THE WEEDS MICROMANAGING THIS AT THIS POINT.
I, I THINK THE MONITOR WAS PART OF THE STIPULATION, BUT WE DIDN'T, IT WAS A MONITOR.
BUT IT, BUT WE DIDN'T, WE DIDN'T SAY WHO IT SHOULD BE THAT HAD TO BE THERE EIGHT HOURS A DAY.
BUT THE IDEA OF A MONITOR DID NOT NECESSARILY COME FROM YOU.
IT WAS SOMETHING THAT WAS INCLUDED IN THE STIPULATION THAT WAS PREPARED BY THE APPLICANT.
BUT IT CAME AT OUR SUGGESTION TO PUT THAT IN THE STIPULATION.
WELL, THE STIPULATION OF A MONITOR, BUT THERE WAS NO STIPULATION OF HOURS YEAH.
AND THAT, I THINK IS FOR THEM TO WORK OUT.
WE NEVER, I DON'T KNOW THAT WE SHOULD GET INVOLVED IN THE MIDDLE OF IT NOW IS AS EVE IS POINTING OUT.
THE FACT IS, PEOPLE MAKE SUGGESTIONS ABOUT THINGS, AND I BELIEVE THAT THEY'RE ON THE BUSINESS SIDE OF THIS AND THEY FELT, OH, WELL THAT'S A GOOD IDEA.
WE COULD TAKE THAT AND THAT'LL HELP US.
AND THEY DIDN'T GO INTO DETAILS AT THAT TIME BECAUSE IT DIDN'T HAVE TO BE A PHYSICAL PERSON TO BE MONITORING IT.
THEY COULD HAVE HAD A CAMERA, LIKE A SURVEILLANCE CAMERA OR FOUND, OR CAMERAS.
SO I DON'T EVEN UNDERSTAND WHY, WHY THEY DIDN'T EXPLORE THAT.
'CAUSE CAMERAS ARE MUCH CHEAPER THAN 38,000.
WELL, I THINK THE, I THINK THE TOWN, I THINK THAT CAME FROM THE TOWN.
WANTED IT, BUT THEY AGREED TO IT.
SO WE'LL, WE'LL REVISIT, UH, THE PARAMETERS OF, OF, OF THE SCOPE OF THE SERVICES, OF THE MONITOR AND, UM, WE'LL KEEP YOU APPRISED.
WHAT OTHER HORSE DO WE WANT TO BE
YOU CAN EITHER CLOSE IT FOR DECISION ONLY, UH, YOU CAN DECIDE IT TONIGHT.
YOU CAN DEC CLOSE IT FOR DECISION ONLY, OR YOU CAN ADJOURN IT FOR ALL PURPOSES.
JUST OUT OF, LIKE, FOR ARGUMENT'S SAKE, LET'S SAY WE JUST DECIDED TO GRANT THEM THE SPECIAL PERMIT AS WAS WRITTEN.
I'M NOT SUGGESTING THAT AT ALL.
BUT LIKE, THEN WHAT? SO YOU RENDER A DECISION, RIGHT? AND THEN,
[01:35:01]
BUT THEN YOU'RE GONNA WRITE IT UP TONIGHT, BUT THEY STILL HAVE TO COMPLY WITH WHATEVER THE TOWN NO, THEY JUST HAVE TO COMPLY WITH THE SPECIAL PERMIT, WHATEVER IT IS.THE SPECIAL PERMITS HAS NO TIME LIMITS, HAS NO OTHER LIMITS.
ALTHOUGH STILL TRYING TO DETERMINE WHAT THE PARAMETERS OF THE SPECIAL PERMIT SHOULD BE.
WELL, I, I WOULDN'T USE THE WORD PARAMETERS.
I MEAN THEIR, THEIR CONCERNS SEEMS TO BE YEAH.
FOCUSED ON THE, UH, THE CONDITIONS OF THE, YOU KNOW, THE WATER AND HOW IT WOULD AFFECT BOTH THE TOWN AS WELL AS S THE PEOPLE STEEL ALSO IS THE, UM, THE 24 7 ASPECT.
I WAS GONNA SAY WHEN THEY, WHEN THEY TALKED ABOUT, SEEMED TO BE VERY FAR APART WHAT'S JEWISH.
THE HOURS WITH THE DECIBELS, WHEN THEY TALKED ABOUT THE HOURS AND THEN THEY SAID, UM, AND WE'RE VERY QUIET, I WENT, HUH,
ANYWAY, I JUST, SO I TURN IN YEAH.
DO WE HAVE A STRAW VOTE ON DO YOU WISH TO, AND THIS WOULD BE, WELL WE HAVE 2321 AND WE HAVE 23, 22.
WELL, I WAS DOING 23, 21 AT THE MOMENT,
SO I THINK WE WOULD RECOMMEND YOU ADJOURN TO THE DECEMBER MEETING AND WE WILL EITHER COME TO THE TABLE WITH, UM, YOU KNOW, CONCRETE RECOMMENDATIONS AND POTENTIAL CONDITIONS OR AN UPDATE OF SOME SORT, SOME KIND.
WHICH IS WHAT I'M SAYING, AN AGREEMENT.
SO, BUT YOU WILL GET AN UPDATE ON SOME LEVEL.
SO WE, WE WOULD WANT, I THINK IT'S PRUDENT TO ADJOURN TO JAN, UM, DECEMBER.
THAT DID SEEM TO BE WHAT BOTH SIDES WERE RIGHT.
SO THAT'S THE REASON WHY I SAID, WHAT I SAID IS BECAUSE IT, THERE WERE INDICATIONS IN WHAT WOULD THE WAY IT WAS SAID THAT YOU WERE MAKING IT TO USE A LEGAL TERM.
REALLY? WHAT WORD? WHICH YOU MEAN PREEMPTIVELY PERP.
WHICH MEANS THAT IF IT'S, IT'S GONNA BE ON THIS DATE, RIGHT OR WRONG.
AND IF YOU'RE NOT READY BY THEN WE'RE GONNA HOLD IT AGAINST YOU.
THAT'S HOW IT COULD APPEAR TO BE.
NEXT CASE, 2322, UM, WHICH IS THE BUILDING APPEAL INSPECTOR.
AND THE POINT THAT THE, OUR INSPECTOR FOR THE TOWN POINTED OUT WAS THAT, UH, THIS IS POTENTIALLY AFFECTING NOT JUST THIS SITE AND PROPERTY, BUT OTHER APPEALS THAT, UH, YOU KNOW, THEY MAKE WITH REGARD TO THE ENTIRE TOWN.
SO THEY WANTED TO HAVE SOME KIND OF DEFINITIVE RESPONSE TO IT IF THEY COULD GET IT, ANY COMMENTS.
BUT MY UNDERSTANDING IS THEY WERE WILLING TO WAIT A MONTH ON OR OPINION ON THIS AS WELL.
AND THEN IF THE SPECIAL PERMIT COMES THROUGH, THEY WOULD ACTUALLY WITHDRAW.
I DON'T KNOW THAT I HEARD HIM SAY THAT.
I DIDN'T SEE EXACTLY, POTENTIALLY.
HE SAID WE COULD DIDN'T, NOT THAT THEY WOULD.
HE SAID, BUT LOOK, THERE'S A PRACTICAL MATTER, LET'S SAY FOR THE SAKE OF ARGUMENT, THAT THERE'S AN AGREEMENT.
NOW THAT DOESN'T NECESSARILY TAKE OFF THE TABLE THE ISSUE THAT THEY'RE CONCERNED WITH, WHICH IS, WELL, WHAT IF ANOTHER CASE COMES IN? WE, THE, THE, THE, THE BUILDING INSPECTOR NEEDS GUIDANCE AS TO WHEN HE CAN ISSUE A STOP WORK ORDER UNDER THE SECTION OF THE, UH, TOWN CODE OR NOT.
SO YOU MAY STILL BE IN A POSITION TO DECIDE THE APPEAL.
NOW IT WON'T, IT WON'T IMPACT FAIL IF THERE'S AN AGREEMENT ALREADY.
AND YOU GIVE THEM, BUT IT WILL GIVE GUIDANCE TO THE BUILDING DEPARTMENT.
WHAT DO YOU THINK WE WOULD BE CREATING IF WE WERE TO SAY, WELL, IF WE DON'T ADJOURN IT AND THEY DON'T COME TO A, YOU KNOW, AN UNDERSTANDING, WHAT ARE WE ACCOMPLISHING?
[01:40:01]
FOR WHO? BY DOING WHAT? BY DECIDING THIS, UH, THE APPEAL.WHAT ARE WE ACCOMPLISHING? WELL, 'CAUSE WE'RE TALKING ABOUT HOW THIS IS AFFECTING POTENTIALLY THE TOWN WITH REGARD TO THE BUILDING INSPECTOR.
SO IF WE WERE TO SAY THE BUILDING INSPECTOR, WE WOULD, WE WOULD NOT OVERRIDE WHAT THE BUILDING INSPECTOR, UH, DETERMINATION THEN WE ARE GIVING HIM REIGN TO DO OR SHE TO GIVE, YOU KNOW, TO DO WHATEVER THEY FEEL IS APPROPRIATE UNDER THE, OUR LAWS AS WRITTEN.
ON THE OTHER HAND, IF WE'RE SAYING, WELL, WE'RE NOT REALLY SURE, YOU KNOW, THAT, UM, THE INSPECTOR REALLY HAS THAT POWER, YOU KNOW, OR HAS THAT INTERPRETATION, I MEAN, WHAT IS IT THAT YOU'RE TRYING TO DO? BECAUSE WHAT YOU JUST SAID IS OUR LAWS AS WRITTEN, AND I THOUGHT I WAS READING A HOLE IN OUR LAW FROM WHAT THEY WERE TRYING TO SAY, WHAT THE, UM, POWERS OF OUR BUILDING INSPECTOR IS, WHICH IS YOU CAN ONLY STOP WORK ON SOMETHING THAT'S BEING BUILT.
BUT, UM, WE ON THE OTHER HAND AREN'T BUILDING ANYTHING.
SO WHAT IS THERE FOR THE BUILDING INSPECTOR TO MAKE US STOP WORKING? THAT WAS WHAT I THINK HE WAS TRYING TO ALLUDE TO, UM, SOME FUZZINESS IN TERMS OF WHAT POWERS THE BUILDING INSPECTOR ACTUALLY HAS.
AND I'M WONDERING IF MAYBE THAT'S SOMETHING THAT WE MIGHT NEED TO REVISE OR MAKE MORE SPECIFIC IN TERMS OF WHAT THE BUILDING INSPECTOR HAS THE POWERS TO DO.
DO YOU WANNA, IF THE BUILDING INSPECTOR IS LOOKING FOR GUIDANCE, DO YOU WANNA MARK THIS UP THEN? NO, I DON'T.
THAT'S 'CAUSE THAT'S A LOT OF STUFF HE DID.
HE DID USE THE WORD INDUSTRIAL SAYING THE BUILDING INSPECTOR DID NOT APPEAR TO HAVE AUTHORITY IN AN INDUSTRIAL SITUATION.
NO, HE WAS, NO, WHEN HE WAS TALKING ABOUT THAT, HE WAS TALKING ABOUT THE THREE TYPES OF DEC.
NO, THAT WAS THE MU INDUSTRIAL PERMIT.
INDUSTRIAL CONSTRUCTION AND MUNICIPALITIES.
MY NOTES WERE THAT THAT WAS THE MUNI FOUR THAT FOR THE RENTAL.
IN YORK, IN WHERE IT IS THE MIS MS FOUR.
THE RUN WAS NOT IN COMPLIANCE.
WE HAD A DIFFERENT KIND OF CHART.
SO THEN YOU'RE DETERMINING THAT TO ANSWER YOUR ANY WORK.
TO ANSWER THE QUESTION I THINK YOU WERE ASKING IS THAT IF YOU WERE TO GRANT THE APPEAL, THEN IT WOULD THEN THE TOWN BOARD WOULD PROBABLY AMEND THE TOWN CODE TO RECTIFY THAT OVERSIGHT.
THAT LOOPHOLE THAT YOU MAY THINK NOT THINK IS THERE.
BUT, UH, EVE IS SAYING THIS VERY SPECIFICALLY SAYS, I'M NOT SAYING IT, I'M JUST
WELL, YEAH, BUT IT SAYS ANY WORK THAT DOESN'T SPECIFY, I'M SORRY, IT SAYS ANY WORK.
ANY WORK, IT DOESN'T MATTER WHAT IT IS THAT, BUT THEN IT DETERMINES WHAT IT IS.
SO YOU DETERMINED THAT THE BUILDING INSPECTOR HAS THE AUTHORITY TO STOP WORK AT THEIR SITE EVEN THOUGH THEY'RE NOT WORKING ON ANYTHING PER SE.
I, I, I WOULD I AGREE WITH THAT.
I MEAN, I THINK THE BUILDING INSPECTOR HAS THE AUTHORITY TO STOP WORK ON A SITE THAT'S DEEMED UNSAFE OR NOT.
WELL, I'M NOT, WELL, SAFE OR UNSAFE IS, IS A VERY NEBULOUS, UH, CONCEPT.
BUT YOU HAVE SIX SPECIFIC PROVISIONS IN SECTION 100 DASH 10 A WHERE THE CODE ENFORCEMENT OFFICER SHALL ISSUE A STOP WORK ORDER
[01:45:01]
TO HALT THOSE SIX THINGS.AND THAT IS WHAT THE APPEAL IS, IS ASKING YOU TO DISREGARD.
WELL, MY, MY RECORDING IN PROGRESS, IT WASN'T IT'S OKAY.
UM, MY, MY, MY
ONE IS THAT WHEN IT SAYS ANY WORK, THEY'RE PURPOSEFULLY TRYING NOT TO BE TOO SPECIFIC BECAUSE THEN IT, IT WOULD RENDER IT ALMOST, UH, YOU'D HAVE TO COME UP WITH EVERY POSSIBLE TYPE OF WORK THAT THE BUILDING INSPECTOR CAN MAKE.
UM, WHEN YOU SAY ANY WORK, WHERE ARE YOU GETTING THE TERM? ANY WORK? RIGHT? HE'S JUST TAKING THE FIRST TWO WORDS FROM YEAH, FROM WHAT IN THIS SECTION? 100 DASH 10 ITEMS. ONE THROUGH, BUT HE'S 3, 1, 2, AND THREE.
BUT HE'S ONLY RELYING ON THE FIRST TWO, TWO WORDS.
HE'S NOT RELYING ON THE ENTIRE PARAGRAPH.
NO, BUT WHAT THE BUILDING INSPECTOR WAS RELYING, AND THIS WAS NUMBER FIVE, WORK THAT IS NOT IN COMPLIANCE WITH THE CODE, IT'S MORE THAN THE CODE.
IT'S THE CONDITIONS OF THIS BOARD AND THE PLANNING BOARD AS WELL.
BUT THEY'RE TRYING TO SAY THAT THE BUILDING INSPECTOR DIDN'T HAVE THE RIGHT TO STOP WORK.
B, THAT WORK WORK IS NOT ALWAYS RIGHT.
SOMETIMES YOU'RE TEARING THINGS APART.
YOU'RE NOT BUILDING NECESSARILY.
THEY'RE SAYING UPON RECEIPT OF THE STOP WORK ORDER, ALL WORK ON ANY BUILDING OR STRUCTURE OR BLAH BLAH, BLAH BLAH SHALL BE STOPPED.
BUT THEY'RE SAYING LIZ GARRITY ISS GONNA JOIN IN JUST A MOMENT.
SORRY, I DON'T THINK WE'RE THEY SAYING, I THINK WE'RE ACTUALLY, I THINK WE'RE ALL AGREEING WITH EACH OTHER.
BUT
THE ONLY THING YOU NEED TO DECIDE TONIGHT IS WHETHER TO DECIDE IT NOW OR TO PUT IT OVER FOR 30 DAYS.
SO, SO HERE'S, HERE'S MY QUESTION.
IF WE DECIDE NOW, AND BUT WE DON'T HAVE TO.
BUT IF WE DO, BECAUSE WE'RE BOTH SIDES, WE'RE SAYING THERE ARE RAMIFICATIONS.
SO WE ARE IN THIS INTERIM PHASE RIGHT NOW WHERE THEY CAN STILL WORK.
BUT IF WE DETERMINE THAT THE BUILDING INSPECTOR HAS THAT RIGHT.
AND DENY THEIR APPEAL, THEN WORK STOPS.
NO, IT WOULDN'T AND IT'S A PRACTICAL MATTER.
THEY WOULD BE IN COURT THE NEXT DAY, SEE THE THING, THEY GET A STAY.
THE BUILDING INSPECTOR ISSUED A STOP WORK ORDER.
BUT SO WHAT DID THEY DO? THEY APPEALED TO THIS BOARD THAT BY LAW STAYS THE ENFORCEMENT OF THE STOP WORK ORDER.
ONCE YOU DECIDE TO STOP WORK ORDER, THEN THAT ISSUE GOES AWAY.
IT'S, LET'S ASSUME FOR THE SAKE OF ARGUMENT, BECAUSE OTHERWISE IT WOULDN'T MAKE ANY, IT WOULD BE ACADEMIC.
IF YOU WERE TO DENY THE APPEAL, WHICH WOULD BE UPHOLDING THE BUILDING INSPECTOR'S ISSUANCE OF THE STOP WORK ORDER, THEN THE DECISION GOES BACK TO THE APPLICANT AND THEIR, THEIR REMEDY WOULD BE TO GO TO COURT SEEKING IN A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION.
SO THEY WOULD JUST HAVE TO GO TO COURT AND GET, UH, CONVINCE A COURT TO ISSUE AN INJUNCTION.
OR WE CAN ADJOURN IT OR CLOSE IT.
SO BACK TO THE VOTE, RIGHT? WE'RE GONNA ADJOURN OR YOU COULD GRANT THE APPEAL.
YEAH, I DON'T, I DON'T AD I DON'T THINK WE'RE IN AGREEMENT TO DO THAT.
IF THE, THIS IS, THIS, THE DEPUTY BUILDING INSPECTOR, IF ANY OF THE BOARD MEMBERS HAVE QUESTIONS, I'M CERTAINLY HAPPY TO ASSIST, UM, IN GUIDANCE THROUGH THE STOP WORK ORDER CODES.
UM, JUST PLEASE LET ME KNOW BECAUSE THERE IS A, UH, THREE DIFFERENT SECTIONS OF CODE THAT YOU HAVE TO LOOK AT COLLECTIVELY.
SECTION 100 DASH FOUR, 100 DASH FIVE A, UM, AND A HUNDRED DASH 10.
[01:50:01]
UM, JUST LET ME KNOW IF YOU HAVE ANY QUESTIONS ABOUT ANY OF THAT.WHAT WE DON'T HAVE A HUNDRED DASH FOUR, I MEAN HAND 4 5 4 5.
WE JUST HAVE A HUNDRED DASH 10 OH OH A HUNDRED DASH FOUR.
UM, DEFINES THE STOP WORK ORDER AS A WRITTEN DIRECTIVE ISSUED BY THE BUILDING INSPECTOR ORDERING WORK TO CEASE IMMEDIATELY STOP WORK ORDERS ARE ISSUED FOR MISREPRESENTATION ON AN APPLICATION OR CONSTRUCTION DOCUMENT WORKING WITHOUT A REQUIRED PERMIT WORK THAT IS NOT IN COMPLIANCE WITH THE CODE OF THE TOWN OF GREENBURG, THE ZONING ORDINANCE OR PLANS APPROVED BY THE BUILDING INSPECTOR OR UNSAFE WORK CONDITIONS.
SECTION 105 A FOUR STATES THAT THE BUILDING INSPECTOR SHALL HAVE THE POWER AND DUTY TO ISSUE THE STOP WORK ORDERS.
AND THEN AS MR. CRITCHLOW WAS SAYING, A HUNDRED DASH 10 A AUTHORIZES THE BUILDING INSPECTOR TO ISSUE A SELF WORK ORDER TO HALT WORK THAT IS NOT IN COMPLIANCE WITH CONDITIONS SET FORTH IN THE ZONING BOARD OF APPEALS DECISIONS AND OTHERS.
SO, AND, AND THAT IT, IT CONTINUES ON, BUT SPECIFICALLY IN THIS INSTANCE, WE'RE FOCUSED ON UPHOLDING THE CONDITIONS THAT THIS BOARD PUT FORTH.
SO, SO PROBABLY ASSUMING WE ADJOURN THIS AND THEN YEAH.
WE SHOULD AJOUR OPINE ON THIS IN THE NEXT MEETING, THEY PROBABLY SHOULD THE TOWN BOARD FIXED B OF THIS 100 DASH 10 B TO MAKE IT CLEAR THAT IT'S, IT'S NOT ALL WORK.
WHETHER IT BE A BUILDING A STRUCTURE OR EXCAVATION, RIGHT.
AN INDUSTRIAL SITE THAT IT'S OUTSIDE.
I DON'T KNOW THAT, THAT YOU CAN'T TRY TO LOOPHOLE YOUR WAY AROUND IT.
WELL, THAT'S ASSUMING THAT IT IS A LOOPHOLE.
I MEAN, I DON'T WANNA ARGUE THE CASE HERE, BUT NOTHING IN 110 B SAYS ONLY WORK ON EXCAVATION, GRADING AND FILLING SHALL BE IMMEDIATELY STOPPED.
IT DOESN'T SAY ONLY, IT SAYS UPON RECEIPT OF A STOP WORK ORDER, ALL WOR ALL WORK IN ON ANY BUILDING OR STRUCTURE OR ANY EXCAVATION, GRADING OR FILLING SHALL BE IMMEDIATELY STOPPED.
IT DOESN'T SAY ONLY THAT YOU'VE GOT SIX OTHER CATEGORIES IN 100 DASH 10 A.
THEY'RE NOT NECESSARILY THE, THEY'RE NOT NECESSARILY IN CONFLICT.
BUT WHY EVEN HAVE TO QUESTION IT? WELL,
THEY'RE SAYING THAT B OVERRIDES A RIGHT.
MY FEELING IS THAT THE BUILDING INSPECTOR DID WHAT HE WAS SUPPOSED TO DO.
WE, WE ALL AGREE, WE ALL AGREE WITH THAT.
IT'S MORE AROUND DO WE ADJOURN IT? THAT'S ADJOURN.
DO WE CLOSE FOR DECISION ONLY? THAT'S ADJOURN OR DO WE MAKE THAT DECISION TONIGHT? YOU CAN VOTE AND GO TO COURT DECISION ONLY.
AND THAT GIVES YOU 60 DAYS, RIGHT? YEAH.
WE WOULD GET 60 DAYS, NOT 30 IF WE CLOSED FOR DECISION ONLY.
WELL THE PROBLEM IS THAT, UH, THE JANUARY, THAT'S WHY I ASKED ABOUT THE JANUARY MEETING.
THE JANUARY MEETING IS I THINK MORE THAN 60 DAYS FROM TODAY.
SO, SO WE CAN, SO WE HAVE TO AJOUR ALWAYS ADJOURN IT, THEN WE COULD ADJOURN AND THEN CLOSE IT.
ANYBODY WANT TO MAKE THIS MORE DIFFICULT? NO.
OH, I WAS GONNA, SO ED DID YOU WILL ADJOURN IT.
I WAS GONNA ASK THE, I WAS GONNA ASK MS. RY AND THEN NEXT, SO THAT WE HAVE THAT SIX.
SO WE'RE, WE DON'T FALL OUTTA THE 60 DAYS IN JANUARY.
AND THEN IN DECEMBER WE CAN EITHER MAKE THE DECISION OR CLOSE FOR DECISION ONLY, YOU KNOW, WE CAN TAKE THE VOTE.
RIGHT? AND THEN DEPENDING ON HOW NEXT MONTH GOES YEAH.
DEPENDING UPON HOW NEXT MONTH GOES.
WOULD THAT HAVE ANY EFFECT ON THE BUILDING INSPECTOR, ON ANY OTHER THING THAT'S OUT THERE THAT WE DON'T KNOW ABOUT? WELL, THAT'S THE ONLY DANGER IS IF, BUT THAT'S WHAT I ASKING.
I DON'T SEE THAT AS BEING A BIG PROBLEM.
[01:55:01]
MEAN, IF SOMETHING CAME UP THAT THE BUILDING INSPECTOR NEEDED TO STOP WORK ON, HE'LL TELL HIM TO STOP WORK.AND THEN THERE'LL BE BEFORE OFFICER IF THERE, IF THERE WAS A SAFETY NO, IF THERE WAS A, A TRUE SAFETY ISSUE OR SOMETHING THAT MM-HMM.
UH, AND WELL, I WASN'T LOOKING AT IT FROM THAT VIEWPOINT.
I WAS TRYING TO SEE IF YOU SOMEONE ELSE WAS GONNA PLAY INTO YOUR LOOPHOLE AND TRY TO TAKE ADVANTAGE OF IT.
BUT PERHAPS THEY SHOULDN'T BE DOING.
SO YOUR DELIBERATIONS ARE BASICALLY DONE.
SO WE CAN GO ON THE RECORD? YES.
UM, I HAVE TO NEXT MONTH YOU ALL GET CAKE.
AND IF YOU DON'T WANT CAKE, I'LL BRING YOU SPINACH,
A
MAYBE I CAN GET MY GRANDDAUGHTER TO MAKE ONE OF THOSE VEGAN CAKES THAT ARE DELICIOUS.
PHOTOGRAPHER'S GONNA BE READY.
ARE YOU READY TO HAVE THE, SO WHO'S READING THE DECISION FOR CASE NUMBER ONE? I GUESS I'M GONNA READ IT.
DO I, I NEED, UM, WE DON'T NEED ANY SEEKER FINDINGS.
SO DO I HAVE ANYTHING HERE THAT I CAN USE? THE, THE RENDERING OF THIS DECISION IS A TYPE TWO ACTION.
SO TERRANCE, I BELIEVE WE'RE STILL RUNNING LIVE.
AND, UH, MADAM CHAIR, WHENEVER YOU'RE READY TO BEGIN, WE'RE ALL SET.
YES, WE ARE BACK WITH OUR DELIBERATIONS HAVING BEEN INCLUDED FOR THIS EVENING AND WITH RESPECT TO CASE 2314 WITH REGARD TO THE APPLICANT'S APPEAL FOR THE DETERMINATION OF THE BUILDING INSPECTOR.
AND THIS IS FOR THOSE WHO WISH TO KNOW HARTSDALE GREENHOUSES, UM, THAT HAS BEEN CLOSED FOR DECISION ONLY.
WE, WE DO HAVE C WHEREAS THE GREENBERG ZBA HAS AND WHO, WHO IS THE LEAD ON THIS? UM, FOR CASE NUMBER ONE, JUST A SIMPLE NOTE THAT UM, THIS IS A TYPE TWO ACTION, NOT SUBJECT TO ANY FURTHER SEEKER REVIEW IS ALL THAT'S NEEDED.
THIS IS A CASE THAT IS A TYPE TWO ACTION AND THEREFORE NO SEEKER, FURTHER SEEKER, UH, REVISION, UH, IS, IS NECESSARY CONTINUATION.
SO THEREFORE MAKE A MO DO WE HAVE A MOTION? I THINK EVE YOU SAID, OH, I'M MAKING THE MOTION.
I'M LIKE WHAT AM I MOVING ON
THE BOARD DENIED APPLICANT'S APPEAL FROM THE DETERMINATION OF THE BUILDING INSPECTOR THAT THE PROCESSING OF WOOD THAT IS NOT GROWN ON SITE IS NOT A PERMITTED USE IN THE R 10 SINGLE FAMILY RESIDENCE DISTRICT.
AND DO I HAVE A SECOND ON THAT? SECOND.
DID YOU HAVE, WHAT DID THEY SECONDING YOU? HE'S CONFUSED THAT YOU HAVE THE MOST
YOU LEFT OUT THE BE DENIED PART.
OH, YOU SAID SAID, I SAID IT SAID THAT.
DID SHE REALLY? YEAH, SHE'S READING WITH IT.
SO CAN WE
[02:00:01]
AYE.THE CASE BEGAN WHEN THE BUILDING DEPARTMENT RECEIVED COMPLAINTS FROM NEARBY OF SMOKE EMANATING FROM APPLICANT'S PROPERTY, ALLEGEDLY FROM THE HEATING AND PROCESSING OF WOOD THAT WAS TRUCKED INTO THE SITE FROM OUTSIDE TO BE PROCESSED AND OR SEASONED BY USE OF WOOD BURNING FURNACES.
ALTHOUGH THE APPLICANT DENIES THAT THE FURNACES WERE BEING USED FOR PROCESSING OR SEASONING WOOD, THE BUILDING INSPECTOR NEVERTHELESS DETERMINE THAT THE PROCESSING AND SALE OF WOOD PRODUCTS THAT ARE NOT GROWN AND OR HARVESTED ON SITE IS NOT A PERMITTED USE AND WOULD REQUIRE A USE VARIANCE IN ORDER TO BE CONTINUED.
APPLICANT HAS APPEALED SUCH DETERMINATION AND APPLIED IN THE ALTERNATIVE FOR A USE FOR VARIANCE.
OUR DETERMINATION OF THE APPLICANT'S APP APPEAL FROM THE BUILDING INSPECTOR'S DETERMINATION.
REST ON INTERPRETATION OF THE DEFINITION OF FARMING.
APPLICANT'S ATTORNEY CITES NEW YORK'S NEW YORK TAX LAW SECTION 1101 AS PERMITTING THE SALE OF FIREWOOD FOR AT THIS SITE, THE BUILDING INSPECTOR DISAGREES THAT SAID, SECTION PERMITS THE SALE OF FIREWOOD THAT IS NOT NATIVE TO THE SITE.
SECTION 1101, UH, 19 DEFINES FARMING AS AMONG OTHER THINGS, THE RAISING, GROWING, AND HARVESTING OF WOODLAND PRODUCTS, INCLUDING BUT NOT LIMITED TO TIMBER, LOGS, LUMBER AND FIREWOOD.
WE AGREE THAT THE BUILDING INSPECTOR, THAT THE WORDS RAISING CLOTHES, GROWING AND HARVESTING IMPLIES SUCH PRODUCTS TO BE INCLUDED IN THE DEFINITION BUT MUST BE GROWN AND HARVESTED ON SITE BECAUSE THE WOOD PRODUCTS BEING SOLD BY APPLICANT ARE NOT RAISED, GROWN, AND HARVESTED ON SITE WITH HEREBY AGREE WITH THE BUILDING INSPECTOR THAT THE SALE OF SUCH PRODUCTS DOES NOT FALL WITHIN THE DEFINITION OF FARMING.
AND NEW YORK TAX LAW SECTION 1101 AND THEREFORE WOULD REQUIRE A USE VARIANCE FOR THE APPLICANT TO BE PERMITTED TO SELL SAME AT THE PROPERTY IN QUESTION HEREIN.
APPLICANT'S APPEAL IS THEREFORE DENIED APPLICANT'S ALTERNATIVE APPLICATION FOR A USE VARIANCE IS NOT DECIDED HEREIN HAVING BEEN PREVIOUSLY ADJOURNED TO THE MEETING OF DECEMBER 14TH, 2023.
NEXT WE HAVE CASE 2321 FAIL INDUSTRIES.
AND THIS IS FOR THE ADJOURNMENT.
THIS IS FOR THE SPECIAL PERMIT MODIFICATION AND RENEWAL.
DO I HAVE A MOTION WITH REGARD TO TAKING A VOTE ON THIS MATTER? JUST ADJOURN OR JUST ADJOURNING IT? YEAH.
AND THE CHAIR ALSO JOINS IN AND ADJOURNED.
AND DO WE HAVE A MOTION? OH, DO WE NEED TO MOVE? YEAH, WE HAVE TO SECOND IT.
BE ADJOURNED TO THE MEETING OF DECEMBER 14TH, 2023.
AND THE NEXT CASE IS CASE 2322.
AND THIS ONE WAS ADJOURNED BY LETTER.
WHERE'S MY, YEAH, THIS ONE WAS APPEALING.
THIS ONE IS ADJOURNED TO 1214.
UM, FOR ALL PURPOSES, IS THERE CONSENSUS ON THAT? YES.
DO YOU WANT, YOU WANNA MOVE? ADJOURN? YES.
DO WE NEED A MOTION? I DIDN'T THINK YOU NEEDED A MOTION.
NO, I DON'T THINK WE NEED A MOTION LAST TIME EITHER.
IT JUST WAS, WAS ADJOURN ADJOURNED.
[02:05:01]
NEXT ONE BEING ADJOURNED OR NO? NO, NO, BECAUSE I ALREADY PUT IT ON THE RECORD PREVIOUSLY.