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[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS AGENDA THURSDAY, December 14, 2023 – 7:00 P.M. ]
SO CAN WE TAKE A ROLL CALL? SURE.SO WE ARE A LITTLE SHORTHANDED THIS EVENING HERE AT THE ZONING BOARD OF APPEALS.
HOWEVER, WE WILL PERSEVERE AND GO FORWARD.
UH, TODAY IS THURSDAY, DECEMBER 14TH, AND LET ME GET MY NOTES HERE.
MEETING OF THE ZONING BOARD, THE TOWN APPEALS FOR THE TOWN OF GREENBURG WILL NOW COME TO ORDER.
WE HAVE SEVEN CASES THAT ARE SCHEDULED FOR TONIGHT'S AGENDA, HOWEVER, CASE 2314 HARTSDALE GREENHOUSES HAS REQUESTED AN ADJOURNMENT TO THE JANUARY 18TH MEETING.
PLEASE NOTE THAT THE ZONING BOARD WILL HAVE OUR NEXT REGULAR MEETING ON THURSDAY, JANUARY 18TH, AT 7:00 PM AS USUAL, IF WE CANNOT COMPLETE HEARING ANY CASE TONIGHT, IT WILL BE ADJOURNED TO ANOTHER MEETING TO HOPEFULLY BE COMPLETED AT THAT TIME.
AS USUAL, IF WE CANNOT COMPLETE THE HEARING OF ANY CASE TONIGHT, IT WILL BE ADJOURNED FOR THAT MEETING.
ALSO, IT IS USUAL TO SAVE TIME.
WE WAIVE THE READING OF THE PROPERTY LOCATION, THE RELIEF SOUGHT FOR EACH CASE.
HOWEVER, THE REPORTER WILL INSERT THAT INFORMATION IN THE RECORD AND ALSO THE INFORMATION APPEAR APPEARS IN THE AGENDA FOR TONIGHT'S MEETING.
AFTER THE PUBLIC HEARING OF TONIGHT'S CASES, THE BOARD WILL MEET IN THIS ROOM TO DISCUSS THE CASES WE'VE HEARD TONIGHT.
EVERYONE HERE IS WELCOME TO LISTEN, BUT NOT TO INVOLVE THEMSELVES OR SPEAK DURING OUR DELIBERATIONS.
AFTER OUR DELIBERATIONS, WE COME BACK INTO THE ROOM TO OR BACK TO OUR PLACES TO ANNOUNCE THE BOARD'S DECISION FOR THE FORMAL RECORD AND FOR IT TO BE BROADCAST TO THE COMMUNITY.
IF YOU'RE PRESENT AND GOING TO SPEAK TONIGHT, YOU MUST COME UP TO THE MICROPHONE, CLEARLY.
STATE YOUR NAME AND ADDRESS OR YOUR PROFESSIONAL AFFILIATION.
IF YOU'RE NOT A NAMED APPLICANT, PLEASE SPELL YOUR NAME FOR THE RECORD.
WE'VE HEARD TESTIMONY ON SOME OF THESE CASES AT PRIOR HEARINGS.
ALL PRIOR TESTIMONY IS ALREADY IN THE RECORD AND SHOULD NOT BE REPEATED.
BEFORE WE GO ANY FURTHER, I WANT YOU TO BE AWARE THAT SINCE WE ONLY HAVE, UH, FOUR WHO ARE ABLE TO VOTE, THAT IF WE ALL VOTE UNANIMOUSLY AND IT IS A DENIAL OF ANYONE'S APPLICATION, NOT SAYING THAT IT WOULD BE, BUT IF THAT WERE TO HAPPEN, UM, WELL, YOU WOULD NOT BE ABLE TO GO FORWARD.
SO IF ANYONE HERE CHOOSES TO WAIT UNTIL THERE ARE MORE MEMBERS OF THE BOARD PRESENT, PLEASE SPEAK IN THAT.
ANYONE WHO WANTS TO SPEAK SECRET SEEK IN ADJOURNMENT BECAUSE BECAUSE OF THAT, YOU'RE WELCOME TO DO SO.
THE FIRST CASE THAT WE WANT TO HEAR TONIGHT IS CASE 2321, WHERE THE APPLICANT FAILED.
UH, I'M SORRY, DALE GREENHOUSES HAS REQUESTED AN ADJOURNMENT.
IS THERE ANYONE HERE THIS EVENING THAT, UH, WISH TO MAKE A COMMENT, UH, WITH RESPECT TO THAT CASE? OKAY.
ARE WE TALKING ABOUT 23 14 23 21? NO, NO, 23.
I'M SORRY, I DIDN'T MEAN THAT.
DOES THAT MAKE A DIFFERENCE? YES.
WELL, THEY'RE ASKING FOR AN ADJOURNMENT.
SO I MEAN, IS IT SOMETHING THAT YOU CAN PRESENT AT THE, IF, IF WE DECIDE TO GRANT THE ADJOURNMENT, UM, OR IS IT SOMETHING THAT IS PRESSING AT THIS TIME? MY CASE IS SCHEDULED FOR ADJOURNMENT.
UM, AND DID YOU TAKE COMMENTS ON THE ADJOURNMENT REQUEST OR NO? UH, THAT'S A GOOD QUESTION,
SO WE CAN TAKE COMMENTS ON THE ADJOURNMENT.
DOES THE APPLICANT WANNA TALK FIRST? BUT IT STRICTLY WOULD BE ON THE ADJOURNMENT J JUST ON THE ADJOURNMENT? YES.
I'M NOT GOING TO, UH, GOOD EVENING, MADAM CHAIR.
UM, CAROL WILKE, W-I-E-L-K, SECO HOLMES, S-E-C-O-R.
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DO THAT 'CAUSE I READ THE LENS.UH, MY NAME GETS REALLY MESSED UP IN, UM, TRANSCRIPT.
UM, I'VE JUST WANTED TO MAKE SURE THAT THE BOARD, AND I'M SURE, UM, UM, KIRA SENT THE, UM, MY LETTER TALKING ABOUT THE ADJOURNMENT AND WHAT WE FELT ABOUT THE, THE THIRD REQUEST FOR ADJOURN FROM THE, UH, APPLICANT.
I WANTED TO MAKE SURE THAT THE BOARD HAD, IT'S IN YOUR FILES WHETHER YOU HAD READ IT OR NOT.
UM, SO I'LL JUST MAKE A COUPLE OF COMMENTS ON IT.
UM, WE ARE NOT MAKING ANY, ANY, UH, OBJECTION TO THE ADJOURNMENT UNTIL, UH, UNTIL JANUARY 18TH.
UH, BUT WE DO KNOW THAT THIS IS THE THIRD ADJOURNMENT AND, UM, THE, YOUR RULES OF PROCEDURE NORMALLY DO ONE ADJOURNMENT FOR EACH CASE, EXCEPT WHEN YOU GRANT ADDITIONAL ADJOURNMENTS.
AND WE UNDERSTAND THAT IT'S JUST THAT THIS CASE HAS BEEN GOING ON FOR, UM, SINCE I THINK JUNE, JUNE 15TH, AND NOW IT'S GOING TO CONTINUE IN NEXT YEAR, AT LEAST UNTIL JANUARY 18TH.
AND, UM, WE'VE, WE FEEL THAT THE APPLICANT MAY BE ABUSING THE ADJOURNMENT PROCESS.
UM, CERTAINLY SOME OF THESE ADJOURNS THAT YOU'VE GRANTED WAS TO YOURSELF BECAUSE YOU WANTED ADDITIONAL INFORMATION THAT THE APPLICANT DIDN'T HAVE IN ITS APPLICATION, AND YOU ASKED AT LEAST TWO OR THREE TIMES FOR THAT, AND YOU'VE NEVER ACTUALLY GOTTEN ANY ADDITIONAL INFORMATION TO SUPPORT THEIR REQUEST FOR USE VARIANCE.
UM, SO WE ARE JUST ASKING, WE'RE JUST POINTING OUT THAT YOU'RE NOT GETTING ANY ADDITIONAL INFORMATION.
UM, THE LAST TIME WE HEARD, I THINK IT WAS IN THE OCTOBER MEETING, THE, THE APPLICANT SAID, WELL, THEY'D LIKE TO HOLD OVER THEIR APPLICATION SO THEY COULD GO TO THE PLAN, UH, TO THE TOWN BOARD AND ASKED FOR AN, I THINK A ZONING AMENDMENT.
SO THE COMMUNITY WATCHED FOR THE TOWN BOARD AGENDAS AND THE, UH, TOWN WORK SESSION AGENDAS TO SEE WHAT WAS HAPPENING.
IT DOESN'T APPEAR THAT THEY WENT TO THE TOWN BOARD AT ALL.
NOW THEY'RE COMING BACK TO THE, UM, THE ZONING BOARD SAYING THEY WANNA REVISE THEIR, UH, USE VARIANCE.
AND IT SEEMED TO SUGGEST THAT THEY KIND OF WANNA A MODIFIED OR A DUMBED DOWN USE VARIANCE.
AND THERE'S NO SUCH THING TO MY KNOWLEDGE, YOU'RE EITHER GOING, GOING TO GIVE THEM A USE VARIANCE OR NO.
SO WE ARE PERPLEXED ABOUT WHAT THEY HAVE IN MIND.
UM, CERTAINLY THEY HAVEN'T SEEMED TO GIVE YOU ANY ADDITIONAL INFORMATION THAT YOU REQUESTED FOR MONTHS.
NOW, CERTAINLY NO FINANCIAL INFORMATION.
UM, AND AS WELL AS, AS FAR AS THE OTHER THREE CRITERIA, THERE'S FOUR CRITERIA THAT THEY HAVEN'T MET IT, THEY HAVEN'T, THEY HAVEN'T MET IT SINCE THEY, THEY FILED THE, UM, THE ORIGINAL APPLICATION.
SO I'M JUST ASKING THE BOARD TO TAKE THIS INTO CONSIDERATION AND MAYBE BRING THIS TO THE END IN JANUARY, BECAUSE I DON'T KNOW HOW LONG YOU CAN KEEP IT ON YOUR AGENDA, ON YOUR, ON YOUR, ON YOUR DOCKET, REALLY.
AND, YOU KNOW, IT INVOLVES ME PULLING OUT MY, I DIDN'T PULL THEM OUT TONIGHT, BUT PULLING OUT MY COMMUNITY ON A REGULAR BASIS ONLY TO REALLY NOT HAVE ANYTHING EVER HAPPEN.
SO I JUST ASK THE BOARD TO TAKE THAT INTO CONSIDERATION.
GOOD EVENING, MADAM CHAIR, MEMBERS OF THE ZONING BOARD OF APPEALS.
UM, WITH RESPECT TO THE, UH, REQUEST FOR AN ADJOURNMENT, UH, JUST, JUST PUT YOUR, I KNOW THAT, OH YES, I KNOW THAT WE KNOW WHO YOU ARE, BUT LUCIA OCCHIO WITH CUT AND FADER REPRESENTING HARTSDALE GREENHOUSES.
UM, WE REQUESTED THE ADJOURNMENT TO, UH, REVISE OUR USE VARIANCE REQUEST, UH, BASED ON MEETINGS THAT WE HAD AT, AT THE SITE WITH THE BUILDING DEPARTMENT, UM, AND THE, UH, PLANNING DEPARTMENT AND, AND A SUBSEQUENT MEETING HERE AT TOWN HALL.
UM, BASICALLY MY CLIENTS ARE TRYING TO FIGURE OUT A WAY TO KEEP THEIR BUSINESS GOING, UM, IN A WAY THAT IS ACCEPTABLE TO THE TOWN.
SO WE ARE SEEKING TO REVISE OUR USE VARIANCE
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APPLICATION.WE WANTED TO RESPECT THE DEADLINES, UM, THAT THE BOARD HAS SET FOR THE, FOR THE MEETINGS.
AND WE FELT THAT WE COULDN'T MEET THE, THE DEADLINE FOR THIS MEETING, AND THAT'S WHY WE REQUESTED THE, THE ADJOURNMENT.
JUST FOR THE RECORD, UM, HAVE, HAS YOUR CLIENTS IN THE TOWN BEEN SHARING INFORMATION AND TALKING TO EACH OTHER? YEAH, JUST TALKING ABOUT, UM, DIFFERENT OPTIONS.
THAT MY CLIENT, I TOLD THAT ON THE RECORD, THAT ABSOLUTELY HAS BEEN WORK GOING ON BETWEEN THE TOWN AND YOUR CLIENT.
THAT SEEMED TO BE IMPLIED THAT THEY WEREN'T.
THERE, AS I SAID, THERE WAS A, THERE WAS A MEETING AT THE SITE, UM, AND A MEETING HERE IN TOWN HALL.
UM, SO THERE, WE HAVE BEEN TALKING AND, UM, BASED ON, AND YOU, YOU RECEIVED A MEMO FROM THE BUILDING INSPECTOR WITH RESPECT TO THE SITE VISIT, UH, INDICATING THAT MY CLIENTS HAVE BEEN IN COMPLIANCE WITH THE STOP WORK ORDER, UM, AND, AND HAVE BEEN DOING WHAT, BASICALLY WHAT THEY'VE BEEN ASKED TO DO.
CERTAINLY, CAROL WIL AGAIN, UM, MS. DENNISON, THE COMMUNITY IS ON THE OUTSIDE.
WE DON'T KNOW WHAT'S GOING ON BEHIND THE SCENES, SO I'M NOT IMPLYING THAT SOMETHING IS NOT HAPPENING.
I CAN ONLY RESPOND TO WHAT'S OUT IN FRONT OF THE COMMUNITY.
SO, UM, CERTAINLY IN THE COMMUNICATIONS THAT DO FINALLY COME OUT FROM THE APPLICANT, UM, THEY SEEM TO SUGGEST, AND THEY HAVE IN THE PAST THAT THERE'S, YOU KNOW, DEALS BEING WORKED OUT BEHIND THE SCENES.
THE COMMUNITY SHOULD NOT BE LEFT OUT OF THAT.
UH, IT SHOULDN'T BE SUCH, AND I'M NOT SAYING THAT HAPPENS.
I I DON'T THINK THAT IS, THAT IS ACTUALLY HAPPENING.
THERE'S OBVIOUSLY CERTAIN MEETINGS.
THEY ASKED FOR A SITE VISIT FROM THE BUILDING INSPECTOR, UH, AND THE BUILDING INSPECTOR WENT WITH THE DEPUTY BUILDING INSPECTOR, AND I FOUND THIS OUT FROM THE BUILDING OFFICE.
UM, AND POLICE, YOU KNOW, THEY, THEY WERE COOPERATIVE.
THEY'VE DISCONNECTED SO FAR, THEY'VE DISCONNECTED THEIR, UM, THEY OUTDOOR WOOD BOILERS, ET CETERA, ET CETERA.
BUT THEY ARE STILL ASKING FOR A USE VARIANCE, AND THEY HAVEN'T MET ANY OF THE CRITERIA FOR THE USE VARIANCE.
SO, BUT I WASN'T SUGGESTING THAT SOMEHOW I KNOW ABOUT CERTAIN THINGS, BUT DON'T COMMENT ON IT, WHAT'S HAPPENED BEHIND THE SCENES.
I'VE, YOU KNOW, UNLESS I TALK TO CERTAIN PEOPLE AND THEY'RE WILLING TO SHARE INFORMATION, I DON'T KNOW WHAT'S GOING ON.
SO THAT'S ALL I WANTED TO MAKE SURE.
YES, I DIDN'T GET THAT IMPRESSION.
BUT YOU ALSO HAD SAID EARLIER THAT YOU HAD, UH, ON BEHALF OF COMMUNITY NOT HAD ANY, UH, OPPOSITION TO THE ADJOURNMENT TO JANUARY, CORRECT? YES, I DID SAY THAT.
I JUST WANTED TO MAKE CERTAIN YEAH, I DIDN'T, YES, I, I DID.
I JUST WANT, I, I JUST FELT WE HAD CERTAIN, UH, CONCERNS THAT WE WANTED TO BRING BEFORE THE, THE BOARD, BUT WE'RE NOT RAISING ANY OBJECTION.
WHAT COULD WE DO IF WE HAD AN OBJECTION? I DON'T THINK IT WOULD WORK IN ANY EVENT, BUT THANK YOU LUCIA KYO KADER.
UM, I, I JUST SPOKE WITH MR. LIEBERMAN IN, IN RESPONSE TO GARRETT'S QUESTION.
UM, GIVEN THAT WE ARE REVISING THE USE VARIANCE, WE WOULD HAVE TO RE-NOTICE THIS APPLICATION.
UM, SO I, I, AT THIS POINT, I'D LIKE TO REQUEST AN ADJOURNMENT TO FEBRUARY, UM, BECAUSE THE DEADLINE FOR THE JANUARY MEETING IS THE 15TH, UM, WHICH IS FRIDAY.
UM, WE WERE WORKING ON THE ASSUMPTION THAT THE DEADLINE WOULD BE TOWARDS THE END OF THE MONTH.
UM, SO WE WANNA MAKE SURE THAT THAT'S, WE DO ALL THE PROPER NOTICE AND WE DO RESPECT THE DEADLINES FOR, UH, FOR THE SUBMISSION.
MS. WILKES, DID YOU HEAR THAT? YES.
WHAT? YOU'RE NOT ON THE RECORD.
UM, I JUST HEARD THAT, AND AGAIN, THIS WOULD BE THE WHAT, THE FIFTH, THE FOURTH OR FIFTH OBJECT, UH, ADJOURNMENT.
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FROM THE COMMUNITY POINT OF VIEW THAT WE'RE BEING, HANG ON, HUNG ON TO DRY.THEY HAVE ALL THE RESOURCES, THIS YOUNG COUPLE.
THEY'RE NOT WITHOUT RESOURCES.
THE COMMUNITY DOESN'T HAVE THAT, THAT KIND OF RESOURCES.
AND I ONLY URGE THIS BOARD TO UNDERSTAND THAT SOMEHOW THE COMMUNITY HAS TO BE TAKEN INTO ACCOUNT.
I'M NOT SUGGESTING YOU'RE NOT TAKING IT INTO ACCOUNT BY GRANT, BUT BY GRANTING ALL OF THESE ADJOURNS OVER AND OVER AGAIN, AND THE COMMUNITY IS NOT, UH, APPRISED OF WHAT'S GOING ON IN, YOU KNOW, BEHIND THE SCENES.
SO WE DO OBJECT TO THIS ADJOURNMENT.
I I WOULD JUST LIKE TO RESPOND A LITTLE BIT TO THAT.
SAYING THIS BOARD TAKES THE COMMUNITY'S CONCERNS THAT HAVE BEEN VOICED AT ALL THE MEETINGS VERY CAREFULLY.
I KNOW, CERTAINLY FOR MYSELF AND PROBABLY FOR MANY MEMBERS OF THIS BOARD, WE'VE BEEN ON THE OTHER SIDE OF THESE KINDS OF ISSUES WHERE WE ARE THE COMMUNITY AND WE'RE RAISING THEM AND WE ARE COGNIZANT OF YOUR CONCERNS AND VALUE YOUR TIME, BUT IT ALSO TAKES TIME WHEN YOU HAVE VOICED CONCERNS AND CHANGES ARE MADE, WORK IS BEING DONE TO RESPOND TO THOSE CONCERNS.
LIKE WITH THE BURNERS BEING TURNED OFF, YOU KNOW, YOU'VE RAISED ISSUES THEY'RE BEING DEALT WITH.
AND SO THERE IS THERE MORE GOING ON THAT APPEARS IN OUR LIMITED MEETINGS, OF COURSE.
AND WE'RE NOT A PARTY TO EVERY MEETING THAT GOES ON EITHER.
AND WE UNDERSTAND OUR JOB IS THE USE VARIANCE STUFF, BUT IN THIS CASE, THE, UM, ADJOURNMENT IS BEING POSTPONED A MONTH TO MAKE SURE THE COMMUNITY HAS TIME FOR NOTICE.
AND I THINK THAT'S SOMETHING THE COMMUNITY SHOULD THINK ABOUT, THAT IT WAS SOMETHING DONE FOR THEM, FOR IT'S PART OF THE OBLIGATION OF THE LAW.
BUT THE LAW WAS WRITTEN TO MAKE SURE NEW REQUEST COMES IN.
YOU HAVE AMPLE TIME TO REVIEW IT, BUT, AND COMMENT ON IT AT OUR MEETING.
SO THIS REQUEST TO CHANGE FROM JANUARY TO FEBRUARY IS FOR THE COMMUNITY.
THANK YOU FOR THE CLARIFICATION.
AND I DO NOT SUGGEST THAT THIS BOARD, WHICH COMES FROM THE COMMUNITY, WHO YOU COME FROM THE COMMUNITY, UM, ARE NOT COGNIZANT OF OUR CONCERNS.
UM, BUT THE COMMUNITY WILL GET THEIR LATEST RESPONSE PROBABLY JUST BEFORE THE MEETING TAKES FAITH MEETING TAKES FA TAKES PLACE.
SO WE'LL HAVE AS MUCH TIME AS WE USUALLY HAVE.
YOU KNOW, YOU'RE NOT, IT'S NOT LIKE, WELL, WE, WELL, I DON'T, I DON'T, I DON'T KNOW IF YOU COULD SAY THAT NECESSARILY.
I THINK THAT YOU'VE REALLY EXPRESSED ENOUGH TO MAKE THE APPLICANT UNDERSTAND THAT THE COMMUNITY DOES WANT TO HAVE THIS RESOLVED.
I DON'T PARTICULARLY SEE, SEE THAT THERE IS ANY HARM TO THE COMMUNITY AT THIS TIME BECAUSE OF THE, UM, ADJOURNMENT.
HOWEVER, I DO UNDERSTAND THAT IT'S NOT SOMETHING THAT YOU WISH TO LINGER ON.
YOU WANNA KNOW WHAT THE FACTS ARE GOING TO BE SO THAT YOU CAN ADDRESS THEM PROPERLY AND BE GIVEN THAT OPPORTUNITY.
SO WE TAKE THAT, WE'LL TAKE THAT INTO ACCOUNT IF IT SHOULD HAPPEN IN THAT MANNER.
YOU EXPRESSED A VERY WELL MADAM CHAIR, AND I'LL LEAVE IT AT THAT.
CAROL AVILA, PROPERTY OWNER AT FOUR 50 CCO ROAD, PART OF THE COMMUNITY THAT WE'RE ALL SPEAKING OF.
I'VE BEEN LIVING THERE ALL MY LIFE.
UM, I JUST WANT TO SAY THAT, UH, WE WOULD LIKE TO HAVE A MEETING WITH THE CIVIC ASSOCIATION WITH OUR COMMUNITY MEMBERS TOGETHER OUTSIDE OF THE TOWN HERE.
BUT WE'VE HAVE APPROACHED MS. WILKES A FEW TIMES AND SHE'S NOT COMPLYING.
I FEEL LIKE THE, THE ENTIRE COMMUNITY DOESN'T UNDERSTAND WHAT IS GOING ON, AND THEY'RE SEEING JUST ONE SIDE OF EVERYTHING.
I WOULD LIKE EVERYONE IN THAT AREA TO KNOW WHAT IS GOING ON.
SOME OF THE STUFF THAT'S BEING SUBMITTED.
I WOULD LIKE TO BE ABLE TO DEFEND MYSELF WITH MY COMMUNITY OUTSIDE OF HERE, SO THEY UNDERSTAND.
THANK YOU FOR YOUR TIME, MADAM CHAIR.
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I, YOU KNOW, WE ARE ONLY, WE'RE ONLY CONSIDERING AN ADJOURNMENT, RIGHT? I DON'T WANNA GET IN THE MIDDLE OF A BACK AND FORTH WITH THIS.IF I CAN JUST SAY FOR THE RECORD, WELL, THE RECORD'S GOING TO BE, WE'RE GOING, WE'RE GOING TO HAVE A FURTHER RECORD.
UH, BUT I JUST, CAROL WIL, I WANNA CORRECT WHAT, UH, MR. VILLAGER SAID.
SHE SAID THEY ASKED FOR A LOT OF MEETINGS, A NUMBER OF TIMES, MEETINGS WITH ME.
ARE WE COMPLETE WITH RESPECT TO US GOING FORWARD? OKAY.
UM, WE DO NOW HAVE PRESENT, IT'LL BE ANNOUNCED FOR THE COMMUNITY, ANOTHER MEMBER OF THE BOARD WHO JUST ARRIVED.
YES, WE HAVE, UH, WILLIAM BLAND IS NOW PRESENT.
HE'S BEHIND A MAJOR ACCIDENT JUST NOW.
YEAH, NO, I THINK IT MIGHT HAVE BEEN SOMEONE COME FROM CHRISTMAS PARTY, RAN INTO A RANGE ROVER AND AIRBAGS DEPLOYED EVERYWHERE IN WHITE PLAINS, SO, OH, OKAY.
WHERE WAS IT? CORNER OF LEXINGTON AND, UM, MAIN STREET IN WHITE PLAINS.
WELL, UNFORTUNATELY YOU WON'T BE ABLE TO
WE DIDN'T MISS, WE WE HAVEN'T GOTTEN PAST YOU
UM, ANYTHING ELSE WITH RESPECT TO THIS ADJOURNMENT? THANK YOU.
DO I HAVE, UH, ANY DISCUSSION ON THIS, THIS POINT? ALL RIGHT, WE PREPARED? ANYONE WANT WISH TO OFFER A MOTION? YES.
I MOVE THAT, UH, CASE NUMBER 2314.
ARE YOU ON THE RECORD? OKAY, I MOVE THAT CASE NUMBER 23 14 44 50 CCO ROAD.
UM, BE ADJOURNED TO THE FEBRUARY MEETING OF THE ZONING BOARD OF APPEALS.
SO MOVING ALONG AT A VERY SLOW PACE HERE,
THE NEXT CASE WE HAVE ON OUR AGENDA IS CASE 2321, WHICH IS THE INDUSTRIES MADAM CHAIR OF GARY DUANE FOR THE RECORD, BOTH ZBA CASE 2321 AND ZBA CASE 2322.
UM, THE APPLICANT, APPLICANT SUBMITTED A REQUEST THAT, UM, TO SEE IF THE BOARD COULD HEAR THEM LATER IN THE EVENING.
THEY INTEND TO ARRIVE AT ROUGHLY EIGHT 15.
THERE ARE ALSO, UH, TOWN STAFF MEMBERS THAT ARE NOT PRESENT UNTIL ABOUT THAT TIME.
SO, UM, CERTAINLY TOWN STAFF HAS NO OBJECTION TO THAT.
SO IT'S ALL RIGHT WITH THE BOARD.
WE WOULD PROCEED WITH THE REST OF THE AGENDA AND COME BACK TO THAT ONE.
CINDY AND DOUGLAS COLLINS, 19 PINE LANE, IRVINGTON.
DO YOU WANT US, THEY COME DOWN.
AND YOUR ARCHITECT IS ON THE, YOUR ENGINEER IS ON THE ZOOM.
SO, UM, DO, DO YOU INTEND TO SPEAK FIRST OR DID MR. ANDERSON INTEND TO SPEAK FIRST? YEAH, HE CAN SPEAK FIRST.
SO, UH, CAN I SHARE A SCREEN OR, YES, YOU CAN.
JUST DO YOU WANNA PUT YOUR NAME ON THE RECORD, PLEASE? UH, STEVEN ANDERSON.
GABRIEL, E-C-R-P-C, LAND SURVEYORS AND ENGINEERS.
UM, AND I'M GOING TO PRESENT, UH, THIS, THIS CASE TONIGHT.
UM, LET ME ZOOM IN ON THIS SECTION.
OH, LET ME FIRST OF ALL SHARE THE SCREEN AND THERE WE GO.
AND CAN YOU SEE THAT? NOT YET, BUT THERE WE GO.
I'M GONNA ZOOM IN ON THE SECTION IN QUESTION.
UH, THE BUILDING INSPECTOR GAVE US A DENIAL.
WE'VE BEEN TO PLANNING BOARD NUMEROUS, WELL, AT LEAST TWO TIMES I BELIEVE IT HAS.
AND WE'VE BEEN IN REVIEW ON THE STEEP SLOPES.
ORIGINALLY WHEN THIS PROJECT WAS STARTED BY ANOTHER ENGINEER, THEY DID HAVE STEEP SLOPE CLEARANCE, BUT THEN THERE WAS EXCESSIVE GRADING AND EVERYTHING.
SO THAT'S, THAT'S WHY IT WAS KICKED KICKBACK TO GO FOR ANOTHER STEEP SLOPE REVIEW.
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AND, UH, BUT THERE ARE TWO ITEMS THAT FALL INTO ZONING, SO I'M GONNA ZOOM UP ON THOSE SECTIONS.UM, ORIGINALLY ON THE ORIGINAL BUILDING PERMIT, THE REAR PATIO WAS IN LINE WITH THE REAR CORNER, BUT, UH, THE OWNERS WANTED TO HAVE ACCESS TO THE BACK PATIO FROM THE SIDE, UH, ENTRANCE.
AND, UH, IN THAT PROCESS, IT, IT BROUGHT THE PATIO TOO CLOSE TO THE, UH, TO THE SIDE PROPERTY LINE.
AND IN THE R FIVE ZONE, IT'S A 10 FOOT SETBACK.
AND SO NOW WE'VE SURVEYED IT AND, UH, IT'S 7.7.
UH, THE OTHER ISSUE IS, UH, THERE'S AN EXISTING DRIVE.
WE'RE RESTORING THE DRIVEWAYS TO THE WAY THEY WERE WHEN THE BUILDING, WHEN THEY PURCHASED THE BUILDING, AND HAS BEEN FOR QUITE SOME TIME.
UM, YOU HAVE TO UNDERSTAND THE STREET IS A VERY NARROW STREET AND, UH, VERY STEEP TOO.
SO THEY WANT, THEY WANT SAFE PARKING, YOU KNOW, THEY HAVE GUESTS, UH, YOU CAN'T PUT 'EM ON THE STREET BECAUSE THE STREET IS VERY NARROW.
UH, SO THERE WAS AN EXISTING DRIVEWAY ALONG THE PROPERTY LINE ON THE NORTH SIDE.
UM, AND IN FACT, IT'S STILL THERE, BUT IT'S, IT'S ABOUT RIGHT ON THE LINE, IT'S LIKE ZERO FEET.
SO THAT'S, IT'S, SO TECHNICALLY IT ISN'T EXISTING NON-CONFORMING, BUT THE BUILDING INSPECTOR IS STILL RULED THAT WE HAVE TO COME TO YOU FOR, FOR ZONING.
SO, UM, LIKE I SAID, WE'VE BEEN TO PLANNING, UH, THERE WERE STORMWATER ISSUES.
WE ACTUALLY, BEFORE WE WENT TO PLANNING, WE DID HAVE A ZOOM MEETING WITH THE PLANNER AND THE, UH, ENGINEER.
AND WE PRESENTED A WHOLE SERIES OF PLANS AND THEY APPROVED IT.
AND THE PLANNING BOARD CHAIRMAN ALSO ASKED US TO REVIEW IT AGAIN.
AND I SUBMITTED A FULL REPORT TO THE TOWN ENGINEER AND HE WAS GOOD WITH IT.
SO, UH, THAT'S, THAT'S BASICALLY WHERE WE STAND.
IF YOU HAVE ANY QUESTIONS, I'LL BE GLAD TO AN ANSWER THEM FOR YOU.
I GUESS I HAVE, I, WE GOT A VIDEO YES.
OF WATER RUNNING DOWN, AND I'M NOT SURE THE DRAWING THAT WE HAVE, EVEN THOUGH IT WAS ENLARGED BY KIRA, IS STILL QUITE SMALL.
SO I'M, I'M NOT SURE WHERE THINGS ARE, BUT I DON'T SEE A NEW WALL BEING BUILT.
WELL, THE, THE NEW WALL IS ON THE NORTHLY SIDE.
ON THIS SIDE IS GONNA BE PLANTINGS AND, AND PUT IN.
AND YOU HAVE TO REMEMBER, UH, WELL FIRST OF ALL THAT THAT VIDEO IS QUITE OLD AND THAT INITIATED OUR INITIAL ZOOM MEETING WITH, WITH THE, UH, WITH THE, YOU KNOW, THE PLANNER AND THE TOWN ENGINEER.
UH, AND THAT WAS QUITE SOME TIME AGO.
UH, SO, YOU KNOW, YOU HAVE TO REMEMBER ALSO THAT THE STORM WATER, BECAUSE WHAT WE'RE IMPLEMENTING IS WE'RE TAKING, WE'RE GOING TO BE TAKING EXISTING ROOF AREA AND UH, WE'RE GOING TO BE NOW PUTTING IT INTO A STORM WATER SYSTEM.
THIS IS AN OLD HOUSE, SO EVERYTHING'S JUST DUMPING ON THE GROUND.
SO NOW WE'RE GONNA PUT INFILTRATORS IN AND THEY WILL COLLECT THE STORM WATER.
UH, THE OTHER ISSUE IS, YOU KNOW, WE ARE ALSO SLOWING DOWN THE TIME OF CONCENTRATION OF THE WATER IN THE BACK ONCE WE DO FINISH THE GRADING.
UH, UH, SO IT'S ALL BEEN PRESENTED AS A REPORT AND, UH, YOU KNOW, LIKE I SAID, PLANNING BOARD, ACTUALLY THE CHAIRMAN DID REQUEST US TO LOOK AT IT AGAIN.
WE SUBMITTED A MORE FULLER REPORT, YOU KNOW, USING HYDRO CAD AND ALL THAT.
AND THAT WAS EVEN ACCEPTED TOO.
SO THAT'S WHERE WE STAND ON THAT.
SO I DON'T, I DON'T, YOU HAVE NOT BEEN USING AN ARROW.
SO MUCH OF YOUR CONVERSATION IS VERY DIFFICULT FOR ME TO FOLLOW.
AND I, I SEE THERE ARE SOME DETENTION SYSTEM LISTED HERE.
I KNOW THAT YOU TRIED TO SOLVE THE PROBLEM ON YOUR PROPERTY BY PUTTING DETEN DETENTION SYSTEMS ON THE NEIGHBOR'S PROPERTY.
UM, AND, BUT I DON'T KNOW IF THOSE ARE THE DETENTION SYSTEMS YOU'RE TALKING ABOUT OR NOT.
UM, IT'S VERY DIFFICULT TO FOLLOW WHAT'S GOING ON HERE AND TO SEE WHAT HAS BEEN DONE TO STOP THAT RIVER OF WATER, WHICH, UM, WE GOT THE DATE FOR IT.
AND IT IS NOT THAT OLD AND THE STORMS HAVE ONLY BEEN MUCH MORE SEVERE SINCE THEN.
WELL, LIKE I SAID, WE'RE, WE'RE GOING TO BE, IF YOU COULD, CAN YOU SEE, UH, LET
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ME SEE IF I CAN DRAW OUT WHERE, WHERE THE DETENTION SYSTEMS ARE.NO, WE, WE COULD SEE WHEN YOU HAD A POINT THERE.
SO HERE'S ONE SYSTEM BACK HERE, AND THAT'S GOING TO TAKE ALL THE PATIO WATER AND THE PORTION OF THE ROOF.
SO THERE'S A SYSTEM BACK HERE IN THE BACKYARD, AND THERE'S GONNA BE A CURTAIN DRAIN ALONG THE PATIO.
SO THERE'S GOING TO BE NO IMPERVIOUS SURFACE CONTRIBUTING TO THE STORMWATER BACK HERE.
WE ALSO PUT, GOING TO BE PUTTING IN LANDSCAPING ON THE SLOPE.
AND WHAT HAPPENS IS, PREVIOUSLY WHEN, BEFORE THE CONSTRUCTION OR EVEN DURING THE CONSTRUCTION, THE SLOPE WAS MUCH MORE STEEPER.
BUT WE ARE GOING TO FLATTEN OUT THE AREA, WHICH WILL GIVE A LONGER TIME OF CONCENTRATION THAT WATER WILL SLOW DOWN RIGHT.
UH, WE ARE ALSO PUTTING AN INFILTRATOR SYSTEM IN THE FRONT THAT WILL TAKE MORE OF THE ROOF AREA.
SO WE'RE, WE'RE TAKING AS MUCH ROOF AREA AS WE CAN, WHICH PRESENTLY DOES NOT HAPPEN.
SO THAT SHOULD BE A VAST IMPROVEMENT OVER HOW THIS, THE STORMS ARE HANDLED.
WHERE IS, WHERE IS THE STONE WALL THAT CURRENTLY, UM, IS LEVEL WITH YOUR PROPERTY AND THEN THERE'S THE DROP AND IT GOES INTO THE NEIGHBOR'S PROPERTY WHERE THE WATERFALL WAS? YEAH, THERE, THERE'S A LOW WALL HERE ALONG THE SOUTHERLY PROPERTY LINE.
IT MEANDERS OVER THE, UH, WE, WE CAN'T SEE THAT.
YEAH, I'LL, I'LL, I'LL BRING IT UP CLOSER.
LET ME, UH, YEAH, IT'S A LONG, IT'S PROBABLY TOO MUCH.
SO YOU'RE SOUTH IS ON THE, IT'S THE WALL ON THE LEFT.
YEAH, THE SOUTH IS ON THE LEFT SIDE.
IT'S NOT, IT'S NOT DOWN, IT'S ON THE LEFT.
AND, AND WHAT IS BEING DONE TO THAT? SO THAT'S, THAT'S THE, THERE AND THERE'S NOTHING BEING DONE TO THAT RETAINING WALL.
THAT'S THE WALL THAT, THAT'S A LOW WALL, A LOW BLOCK WALL.
AND WHAT WE'RE PLANNING AND WHAT YOU SAW WAS RUNOFF, UH, AND EVEN, EVEN SINCE THEN, WE'VE BEEN IMPLEMENTED, YOU KNOW, EROSION CONTROL AND ALL THAT.
BUT ONCE WE, YOU KNOW, GET, GET GOING, WE'RE GOING TO DO THE LANDSCAPING AND, AND MORE, MORE PROTECTION.
AND LIKE I SAID, THE GRADING IN THE BACK WILL BE FLATTENED OUT AND GRASS WILL BE PLANTED AND THAT, THAT WILL ALSO SLOW DOWN.
AND LIKE I SAID, YOU HAVE A HUGE AREA OF ROOF THAT'S NOW GOING INTO, INTO A SYSTEM.
AND I HAVE PRESENTED TWICE REPORTS TO THE TOWN ENGINEER, AND HE'S, HE'S GOOD WITH IT.
CAN YOU ADDRESS THE DRIVEWAYS FOR US? WHAT IS IT, WHAT IS THE PLAN? 'CAUSE IT'S REALLY NOT CLEAR AS TO WHICH WAY YOU'RE GOING WITH THE DRIVEWAYS.
THE, THE DRIVEWAYS, LIKE I SAID, THE ONE TO THE NORTH IS EXISTING, EXISTING NON-CONFORMING.
AND, UH, WE'RE BRINGING, WE'RE, WE'RE MAKING THE FRONT ONE.
IT MAY HAVE BEEN A LITTLE BIT MORE, UH, BEFORE WE STARTED THIS PROJECT, BUT WE WILL BRING IT DOWN TO 18 FEET WIDE.
WHERE IS THIS? YEAH, ACCORDING TO THE CODE.
SO IT'S STILL IN THE SAME POSITION.
I MEAN, HERE'S THE EXISTING CONDITIONS ON THE OTHER SIDE.
IT, IT'S ESSENTIALLY THE SAME POSITION, BUT WE WILL MAKE SURE THAT IT IS TO CODE FOR AN 18 FOOT CUT, CURB CUT.
DO YOU SEE WHERE THIS
LET ME TRY AND NO CLUE WHAT IT'S ON THAT SIDE AND TRY NOT.
WELL, THAT IS THE DRIVEWAY THAT EX, IT EXISTED BEFORE IT GOES INTO THE GARAGE.
UM, THERE IS A RETAINING WALL HERE THAT, THAT THE ORIGINAL RETAINING WALL AND THE GARAGE IS HERE.
AND ORIGINALLY IT DID HAVE A, AN AREA OVER HERE.
AND, UH, WHAT WE'RE ALL WE'RE DOING NOW IS BRING,
[00:35:01]
RESTORING IT BACK JUST TO AN 18 INCH CURB CUT.AND THEN THE OTHER DRIVEWAY IS OVER IN THIS SECTION, WHICH IS PRE-EXISTING.
AND THAT, THAT IS, THAT IS WHAT WE'RE GETTING THE, UH, GOING FOR WITH THE ZONING 'CAUSE IT'S, UH, RIGHT ON THE PROPERTY LINE.
COULD, IF YOU COULD HELP ME UNDERSTAND, YOU SAY YOU'RE FLATTENING OUT PART OF THE LAWN AND AREA? YES.
THAT MEANS IF, IF YOU HAVE TO GO FROM A CERTAIN HIGH POINT TO A CERTAIN LOW POINT AND IT GOES ON A SLOW AND IT'S TOTAL, YOU'RE NOW FLATTENING IT OUT.
LET ME JUST FINISH ASKING THE QUESTION PLEASE.
THAT MEANS ANOTHER AREA IS GONNA BE STEEPER.
WHERE IS THAT STEEPER AREA GONNA BE? IT'S, IT'S EXISTING AS STEEP NOW.
UH, IT, THIS AREA WILL BE, WILL BE FLATTER.
IT'S CALLED TIME OF CONCENTRATION.
WHEN IT'S STEEP, IT GOES FAST.
WHEN IT'S FLAT, IT GOES SLOWER.
AND THAT HELPS PREVENT THE STORM WATER FROM RUNNING DOWN THE HILL TOO FAST AND CAUSING PROBLEMS. AND I HAVE PRESENTED THIS TO THE TOWN ENGINEER.
THERE'S, UM, ONE THING THAT I NOTICED WHEN I WENT OUT THERE AND, UM, IT IS A STRIKINGLY STEEP SLOPE, THE ENTIRE NEIGHBORHOOD.
SO IT'S NOT AS IF IT'S JUST THE WATER FROM THIS SITE THAT IS CREATING, LET'S SAY THAT, UM, WATERFALL THAT WE SAW IN THE VIDEO, BUT IT'S FROM WATER THAT, UM, IS ORIGINATING EVEN FURTHER NORTH ON OTHER PROPERTY.
DO ANY OF THE OTHER NEIGHBORING PROPERTIES HAVE, UH, DETENTION, WATER DETENTION, UH, UNITS OR CALTECH DRAINS IN, UM, ON THEIR PROPERTY LINES TO YOUR KNOWLEDGE? NOT TO MY KNOWLEDGE.
SO ALMOST ALL OF THESE HOMES WERE BUILT PRIOR TO THE REQUIREMENT FOR DRAINAGE TO HANDLE ROOF RUNOFF AND RIGHT.
UM, OTHER THINGS THAT ARE CREATING THIS, UH, FLOW OF WATER THAT IS OCCURRING, UH, DURING, UH, STORMS ESSENTIALLY PROPOSED.
SO THE CALTECH DRAINS THAT YOU ARE, YOU ARE PROPOSING, IS THAT JUST FOR THE, UH, ROOF RUNOFF OR ARE YOU ALSO TAKING INTO CONSIDERATION THE WATER THAT IS ORIGINATING FURTHER NORTH OF THE PROPERTY? WELL, IN MY INITIAL STUDY I DID INCLUDE, THERE REALLY ISN'T MUCH FURTHER UP THE HILL.
I BELIEVE IT'S ONLY 2 1 1 LOT ONCE YOU GET TO THE NEXT LOT.
AND I, UH, DID LOOK AT IT THAT WAY.
AND LIKE I SAID, THE TIME OF CONCENTRATION ALWAYS COMES DOWN ONCE IT GETS TO OUR PROPERTY.
UM, YOU KNOW, WORST CASE SCENARIO I LOOKED AT AND, YOU KNOW, I WAS STILL GETTING A LOWER NUMBER, WHICH IS WHAT YOU DO.
UM, I MEAN, WE'RE VASTLY IMPROVING OUR PROPERTY.
UH, IT CAN'T ENFORCE THE ON THE OTHER PROPERTIES.
AND THE STORMWATER LAWS ACTUALLY STARTED AROUND 2005, I BELIEVE.
I THINK THE FIRST STORMWATER MANUAL CAME INTO EFFECT THEN.
SO CAN I ASK YOU WHY YOU DID NOT CONSIDER INCREASING THE HEIGHT OF THE WALL TO PROTECT YOUR NEIGHBORS? UM, THE WALL DOWN BELOW THE WALL, THAT'S THE RIVER'S COMING THROUGH OVER BECAUSE YOUR LAND IS LEVEL WITH THE TOP OF THE WALL.
I BELIEVE WE REDUCED IT BY, BY, I'M TRYING TO EXPLAIN.
YOUR PROPERTY IS LEVEL WITH THE TOP OF THE WALL.
[00:40:01]
MM-HMM,THERE'S ONLY THAT WALL MEANDERS OVER THE LINE.
SO A MAJORITY OF IT IS THE NEIGHBOR'S WALL.
SO WHY DIDN'T YOU PUT UP A WALL ON YOUR SIDE? WHY WOULD WE TOUCH A SOMEBODY ELSE'S WALL? BECAUSE THE WATER'S RUNNING OFF OF YOUR PROPERTY INTO THEIR BACKYARD.
YEAH, BUT WE CAN'T DO ANYTHING TO THAT WALL.
I I, I MEAN, WE'VE DONE OUR LANDSCAPING AND TO, YOU KNOW, TO GET, SO, UH, I I JUST ASKED YOU WHY, WHAT WAS THEIR THINKING IN NOT TRYING TO STOP THE WATER FROM FALLING INTO YOUR NEIGHBORHOOD? WELL, WE HAVE, WE, WE HAVE DONE LANDSCAPING WITH TO SLOW DOWN THE WATER TOO.
AND, AND THE PROBLEM IS WE CAN'T, WE WERE STOPPED.
SO WE CAN'T FINISH THE WHOLE SITUATION.
WE GOT A SYSTEM IN, IN IMPLEMENTED, LIKE I SAID, IT'S BEEN REVIEWED TWICE BY THE TOWN ENGINEER.
UM, I THINK WHAT IS HARD FOR SHAUNA TO UNDERSTAND IS THAT, YEAH, UM, YOU DON'T WANT TO CREATE A POND ON YOUR, UH, CLIENT'S PROPERTY BY BUILDING A RETAINING WALL THAT WILL RIGHT.
UH, YOU WOULD HAVE PONDING TOO.
AND THEN YOU WOULD, UH, START CREATING A FLOOD, UM, A FLOOD SITUATION ON YOUR CLIENT'S PROPERTY AND IN THEIR HOME.
SO WHAT I NEED TO TRY AND MAKE SURE IS WE DON'T DO IS PENALIZE YOUR CLIENT FOR A SITUATION THAT THEY DIDN'T CREATE.
UM, AND WHICH MAY NOT BE ABLE TO BE MITIGATED TO THE POINT WHERE, UH, ALL FLOODING IS STOPPED TO PREVENT THEM FROM DOING THE IMPROVEMENTS THAT THEY WOULD LIKE TO DO ON THEIR PROPERTY.
SO THERE'S A BALANCE THAT WE HAVE TO TRY AND, UH, COME TO GRIPS WITH.
IF I, IF I COULD JUST ADD A LITTLE BIT 'CAUSE I'VE YES.
WAS INVOLVED IN THE PLANNING BOARD PROCESS AS WELL.
SO IN ADDITION TO THE AREA VARIANCES SOUGHT BEFORE THIS BOARD, THE APPLICANT ALSO APPEARED BEFORE THE PLANNING BOARD.
AS THEY INDICATED, THAT PROCESS IS STILL ONGOING.
THEY NEED A STEEP SLOPE PERMIT FROM THE PLANNING BOARD, AS IS ROUTINE.
THE PLANNING BOARD OPINES ON A RECOMMENDATION TO THE ZONING BOARD WHEN BOTH BOARDS ARE INVOLVED.
I JUST WANNA RECITE THE PLANNING BOARD'S RECOMMENDATION REGARDING THE VARIANCES.
THE PLANNING BOARD FINDS THAT THE TWO REQUIRED REQUESTED AREA VARIANCES HAVE NO MATERIAL IMPACT ON THE STEEP SLOPE PERMIT APPLICATION BEFORE THE PLANNING BOARD.
AND AS SUCH, THE QUESTION OF THEIR LEGALIZATION SHOULD BE SOLELY DETERMINED BY THE ZONING BOARD OF APPEALS.
THE PLANNING BOARD STRESSES THAT A NEUTRAL RECOMMENDATION IS NOT TO BE CONSTRUED AS A NEGATIVE RECOMMENDATION AND NOTES THAT IT HAS NO OBJECTION TO THESE AREA VARIANCES BEING GRANTED AS THEY RELATE TO PRE-EXISTING CONDITIONS WITH NO PLANNING IMPLICATIONS.
THE APPLICANT IS PROPOSING TO IMPROVE STORMWATER MANAGEMENT ON SITE OVER EXISTING CONDITIONS, AND IT HAS BEEN IDENTIFIED THAT PINE LANE PROHIBITS ON STREET PARKING.
SO I, I DON'T WANT TO THAT TO BE ANY, ANYTHING TO BE CONSTRUED THAT THE NEIGHBOR DOWNSTREAM HAS NOT INCURRED PAST, UH, STORM WATER ISSUES.
AND I DON'T WANNA REPRESENT THAT EVERY, ALL THOSE ISSUES ARE FULLY RECTIFIED, BUT THAT AS FAR AS THE VARIANCES ARE CONFIRMED, UH, CONCERNED THAT IS WHAT THE, UH, PLANNING BOARD INDICATED.
AND WITH THAT PROCESS ONGOING, UH, THAT MIGHT BE THE BETTER FORUM TO IDENTIFY IF THERE ARE FURTHER, UM, STORMWATER MEASURES THAT CAN BE IMPLEMENTED.
I THINK THOSE ARE BEST DISCUSSED AT THE PLANNING BOARD LEVEL, BUT, UM, I, AND I DO ALSO WANT TO NOTE THAT THE GENTLEMAN IS HERE WHO LIVES DOWNSTREAM, UH, IS IN THE AUDIENCE AND FULLY INTENDS TO SPEAK, BUT I JUST WANTED YOU TO HAVE THAT, THAT HISTORY AND THAT CONTEXT AND THAT RECOMMENDATION HANDY OF THE PLANNING BOARD.
AND, AND I APPRECIATE I DID READ THAT AND, UM, IT SAID THAT IT SHOULD NOT BE CONSTRUED AS NEGATIVE, BUT MY ASSUME IT SHOULD ALSO NOT BE CONSTRUED AS POSITIVE.
THAT IS A FAIR STATEMENT, YES.
ANY OTHER QUESTIONS FROM THE BOARD? IS THERE ANYTHING THAT THE APPLICANT WANTS TO RESPOND ANY FURTHER OTHERWISE WOULD LIKE TO HEAR IF THERE'S ANYONE IN THE AUDIENCE? I DO SEE A HAND UP.
UM, HEY, DOUGLAS COLLINS, UM, HOMEOWNER
[00:45:01]
APPLICANT, MAYBE JUST FOR, YOU KNOW, CONTEXT OF WHERE THIS WATER IS COMING FROM OR GOING.UM, YEAH, THERE IS ONE PROPERTY DIRECTLY TO THE NORTH OF US AND THEN THAT HILL GOES UP FOR, I DON'T KNOW HOW LONG, 10TH OF A MILE, QUARTER OF A MILE, SOMETHING LIKE THAT.
SO THERE'S A LARGE JUST AMOUNT OF WATER THAT'S FUNNELED TO THIS ONE STREET, UM, MOUNT PLEASANT AND IT JUST COMES DOWN THERE AND BASICALLY IT ENDS UP IN OUR BACKYARD FROM THERE.
UM, AND YOU KNOW, WE'VE SUFFERED SIGNIFICANT WATER DAMAGE IN OUR HOUSE SINCE WE MOVED IN MOLD REMEDIATION, YOU KNOW, YOU NAME IT, WE'VE, WE'VE HAD IT AS WELL.
UM, SO JUST FOR CONTEXT, IT'S A LOT OF WATER THAT COMES ONTO OUR PROPERTY AS WELL.
UM, I DON'T DUNNO IF THAT'S HELPFUL OR NOT, UM, BUT FIGURED I WOULD TRY TO LET THE BOARD KNOW THAT.
GOOD EVENING, MADAM CHAIR AND THE BOARD ZONING BOARD.
I AM THE HOMEOWNER OF 17 PINE LANE, WHICH IS ADJACENT TO, UM, 19 PINE LANE.
AND THE VIDEO YOU SAW WAS A VIDEO THAT I'VE PERSONALLY TAKEN DURING A ROUTINE SUMMER STORM AND, UH, YOU KNOW, RECORDED THAT WATER RUNOFF AND EROSION.
SO IF I STEP BACK FOR A MINUTE, JUST TO GIVE CONTEXT OF THE FULL HISTORY BEHIND THIS.
NO, BUT DON'T STEP BACK FROM THE MICROPHONE.
SO THE, AGAIN, UM, WE'RE FRIENDS AND YOU KNOW, NOTHING AGAINST DOUG AND CINDY.
UH, IT'S, UH, WANNA MAKE SURE THAT WE ALL ADHERE TO THE PROPER LAWS WE GOVERNANCE PROCESS AND THE ENGINEERING RULES THAT DICTATE WHAT YOU CAN AND CANNOT DO WITH PERMITS AND WITHOUT PERMITS.
HISTORY BACK IN, UM, 2019, THERE WAS BEFORE WHEN THE HOMEOWNERS MOVED IN, UH, THE ORIGINAL CONDITION OF THE YARD WAS NOT FLAT.
THE ENTIRE YARD WAS HILLY, IT HAD LOTS OF TREES, VEGETATION, AND WHAT'S HAPPENED, WHAT HAPPENS IS THAT WHEN THE WATER COMES, IT GETS DIVERTED ALL ACROSS THE YARD.
FAST FORWARD, FAST FORWARD TO AUGUST, 2019, THERE WAS WORK DONE TO FLATTEN THAT YARD, REMOVING THE TREES, FLATTENING THE HILLS WITHOUT ENGINEERING APPROVAL, AND LOTS OF DIRT MOVED AROUND TO FLATTEN THAT YARD, THAT DIRT WAS SUBSEQUENTLY PUSHED TOWARDS THE BORDER OF MY PROPERTY 17 AND 19 PINE LANE.
THERE IS A BEFORE SHOT THAT I HAVE FROM 2017 THAT SHOWS THE PROPERTY OR THAT RETAINING WALL, WHICH WAS MENTIONED BY THE ENGINEER IN THE SOUTH SIDE AND THE FLATNESS OF THE PROPERTY AT THAT POINT IN TIME.
IF YOU TAKE A LOOK AT THE VIDEOS, AND IF YOU TAKE A LOOK AT THE PICTURES TODAY, YOU'LL SEE A MORE THAN 45 DEGREE ANGLE STEEP SLOPE THAT HAS BEEN FORMED AS A RESULT OF FLATTENING THAT PROPERTY.
SO EFFECTIVELY, ALL THE HILL, ALL THE MO HILLS, ALL THE CURVATURES THAT USED TO MITIGATE OR MIGRATE THE WATER ALL ACROSS HAS BEEN FOCUSED INCORRECTLY.
SO BECAUSE THERE WAS NO ENGINEERING APPROVAL TO DO SO ONTO THAT PROPERTY, ONTO MY PROPERTY, AS A RESULT, WHAT'S NOW HAPPENING IS THAT THE WATER COMING DOWN, AS DOUG POINTED OUT, IS SO CONCENTRATED BECAUSE OF THE LACK OF PROPER, UH, PLANNING.
IT'S SO CONCENTRATED AND FOCUSED LIKE A, YOU KNOW, FLASHLIGHT.
IT'S FOCUSED TOWARDS MY PROPERTY, RESULTING IN THE WATERFALLS THAT YOU SEE.
NOW, NOT ONLY IS THE SPEED OF THE WATER THAT'S COMING DOWN RELEVANT, IT'S ALSO RELEVANT BECAUSE IT'S CAUSING EROSION.
I'VE BEEN SPEAKING WITH THE TOWN ENGINEERS, THE TOWN, UM, THE BUILDINGS DEPARTMENT FROM 2021 ONWARDS SHOWING PICTURES
[00:50:01]
OF EROSION, SHOWING PICTURES OF MUD, SHOWING PICTURES OF ALL OF THOSE COMPONENTS ALWAYS COMING INTO MY PROPERTY BECAUSE OF THE CHANGES THAT HAS HAPPENED BECAUSE OF THE WAY THE PROPERTY WAS FLATTENED.NOW, WHAT I AM ASKING IS, I KNOW WE CAN'T GO BACK TO 2017 TO REVISIT, RIGHT? GO BACK IN TIME TO DO A PROPER ASSESSMENT ON WHAT ENGINEERING REALLY SHOULD HAVE DONE TO LEVEL SET THE PROPERTY BY NO MEANS THAT THEY SHOULDN'T HAVE A PROPER, UH, BACKYARD.
OF COURSE, EVERYONE WANTS TO HAVE A PROPER BACKYARD, BUT LET'S DO IT CORRECTLY.
WE CAN'T GO BACK IN TIME TO FIX THAT.
NOW WHAT DO WE DO? WE NEED TO, I APPEAL TO THE BOARD THAT THE VIDEOS YOU'VE SEEN, AS I'VE STATED, IS JUST THE BEGINNING.
AND AS, AS, UH, WE GET STORMS, MY FEAR IS THAT VIDEO IS GOING TO BE REPEATED OVER AND OVER AGAIN UNLESS AND UNTIL SOMETHING IS DONE ABOUT IT.
THE FACT THAT THERE'S VEGETATION IS MEANINGLESS.
WHY? BECAUSE THE FORCE OF THE WATER COMING DOWN IS BRINGING ALONG WITH IT THE DIRT, THE EROSION DOWNHILL INTO MY PROPERTY.
THAT STEEP SLOPE NEVER EXISTED BEFORE, BUT IT EXISTS NOW.
AND IF YOU LOOK AT THE BEFORE AND AFTER PICTURES, THERE'S NO QUESTION ABOUT WHAT'S CHANGED.
YOU CAN SEE IT CLEARLY, I STAND HERE TO ASK THAT WE HAVE, OR THE BOARD CONSIDERS MY REMARKS AND HELPS PUT IN A WATER MITIGATION AND EROSION, UH, SYSTEM THAT WILL REDUCE, OR, YOU KNOW, THE WATER THAT'S COMING ON THE PROPERTY AS THE VIDEO IS ONE COMPONENT.
THERE'S OTHER SIDES OF THE VIDEO THAT WASN'T SHARED, BUT THAT WATER, IT DOES COME THAT WATER WAS DIRECTED BECAUSE THERE'S A STILT FENCE THAT IS IN THE BORDER OF THE PROPERTY THAT'S UNDER CONTR, UH, 19 PINE IN MINE.
SO THE WATER IS GOING, FALLING FROM THE HILL, GOING AGAINST THIS STEEP FENCE, THE PLASTIC FENCE, AND THEN FLOWING DOWN INTO THAT, UM, THAT RIVER YOU SAW THAT WATERFALL YOU SAW.
BUT IF THAT FENCE WAS REMOVED, THEN YOU'LL SEE A, YOU WOULD SEE AMPLE AND AMPLES OF GALLONS OF WATER FLOW RIGHT DOWN INTO THE PROPERTY, WHICH IS, UH, A BIT AHEAD OF, UH, WHERE THAT, UH, VIDEO WAS TAKEN.
I ASK, AND I JUST WANNA PAUSE HERE.
I ASK THAT I'VE SUBMITTED, YOU KNOW, MY CONCERNS THROUGH VIDEO, THROUGH PICTURES, AND, UM, YOU KNOW, I ASK THAT YOU TAKE INTO CONSIDERATION ALL OF THOSE DIFFERENT ASPECTS, ALL OF THOSE CHANGES THAT HAVE BEEN MADE TO THE PROPERTY, TO 19 PINE THAT'S CAUSING ALL THAT WATER, ALL THAT RUNOFF, ALL THE EROSION INTO MY PROPERTY.
UM, I THINK, I COULDN'T SAY, I CAN SPEAK FOR THE BOARD THAT, UM, YOUR VIDEO HAS, UH, MADE A LASTING IMPRESSION ON US IN TERMS OF WHAT YOU'RE BEING FACED WITH.
AND SO AT LEAST MY INTENT WOULD BE TO TRY AND COME TO A SOLUTION THAT WOULD, UH, START, IF NOT MITIGATE, UM, COMPLETELY, UH, STOP IT FROM HAPPENING.
UM, AND I THINK I WOULD HAVE TO RELY ON THE PROFESSIONALS TO DO SO, WHICH IS WHY, UM, THEY'RE IN FRONT OF THE BOARD NOW SO THAT OUR ENGINEERS AND YOUR ENGINEERS AND, UM, THE, THE TOWN'S ENGINEERS CAN COME TO A RESOLUTION TO WHAT IS A, UH, A PRETTY BAD PROBLEM.
AND WE'RE, WE'RE NOT TRYING TO MAKE LIGHT OF WHAT YOU ARE BEING FACED WITH.
AND, AND I CONCUR WHAT MY COLLEAGUE IS SAYING, BUT IF YOU COULD HELP US, HELP YOU BEFORE US IS A PATIO AND THE DRIVEWAYS, WHAT WOULD BE YOUR SUGGESTION? 'CAUSE I UNDERSTAND YOU'RE TALKING ABOUT
[00:55:01]
THE FENCE THAT'S FURTHER BACK AND ALONG THE PROPERTY LINE AND THE WORK THAT HAS BEEN DONE, BUT THAT'S REALLY NOT TOTALLY BEFORE US AT THIS MOMENT.WHAT OF THE DRIVEWAYS IN PARTICULAR IN TERMS OF THEIR CONFIGURATION OR THEIR SETUP, HOW DOES THAT IMPACT YOU? THE DRIVEWAY ITSELF, THE DRIVEWAY'S IN FRONT? MM-HMM.
UH, SO THE FOCUS, I HAVEN'T FOCUSED ON THE DRIVEWAY OR THE IMPACT OF THE DRIVEWAY BECAUSE THE APPARENT IMPACT IS ON THE SIDE WHERE THE WATER IS COMING DOWN.
AND SO JUST TO ARE, DO YOU OPPOSE THE VARIANCES THAT THEY'RE REQUESTING OR JUST SO THAT WE'RE CLEAR, ARE YOU, THEY'RE ASKING FOR TWO AREA VARIANCES, ONE FOR A PATIO AND ONE FOR A DRIVEWAY, AND THEY JUST, ARE YOU OPPOSED TO THEM? DO YOU OBJECT TO THEM? RIGHT.
BUILDING THE PATIO AND THE DR AND LEGALIZING THE DRIVEWAY? RIGHT.
WELL, WITH THE DRIVEWAY, I DO NOT OBJECT TO THAT.
THEY HAVE FULL REASON AS TO BUILD THAT, UH, TO BUILD THAT OUT.
BUT I DO WANT TO SEE THAT, UH, THERE IS, AGAIN, THAT WATER RETENTION SYSTEM TO PREVENT THE WATER THAT'S COMING DOWN FROM THE PROPERTY INTO MY PROPERTY DUE TO THE STEEP SLOPE THAT WAS BUILT.
I GUESS MY QUESTION MAY BE, IT'S BASED ON WHAT YOU SAID, BUT IT MAY BE FOR THE ARCHITECT THAT WAS INVOLVED.
WHAT YOU SAID IS THAT BASED ON YOUR HISTORY IN THE NEIGHBORHOOD, THAT IT WAS TAKING A LESS, LESS STEEP SLOPE WHERE THE WATER HAD DIFFERENT WAYS TO GO.
BY FLATTENING THE AREA AND CREATING A STEEPER SLOPE YEAH.
THAT, THAT EXACERBATED AND MADE THE PROBLEM WORSE.
WHAT'S INTERESTING TO ME IS THE SPEAKER RIGHT BEFORE YOU WAS SAYING THAT HE THOUGHT MAKING A STEEP SLOPE AND MAKING MORE FLAT LAND FOR THE PATIO WOULD MITIGATE THE FLOODING, AND YOU'RE SAYING THAT'S EXACTLY WHAT CAUSED THE FLOODING.
SO IT'S, UM, A LITTLE BIT CONFUSING AND DISCONCERTING TO ADD MORE IMPERVIOUS SURFACE.
NOW, I, I COUNTED THERE WERE 17 TREES GOING UP.
OR BUSHES, I'M NOT QUITE SURE THERE, IT'S NOT VERY CLEAR ON THE DRAWING OF WHAT'S BEING PLANTED.
UM, AND HAVING LIVED ON A STEEP SLOPE MYSELF, I, I KNOW HOW DIFFICULT IT CAN BE.
UM, BUT I I'M CURIOUS TO HEAR FROM THE PREVIOUS SPEAKER THAT WHY YOUR, THAT, WHY ARE YOU SAYING THAT BUILDING A FLAT AREA, CREATING A MUCH STEEPER SLOPE AND A FLAT AREA WILL MITIGATE THE PROBLEM WHEN THIS GENTLEMAN IS SAYING THAT'S EXACTLY WHAT CAUSED THE PROBLEM? OKAY, I CAN EXPLAIN.
UM, I'M HAVING TROUBLES GETTING THE VIDEO TO WORK, BUT I'LL DO IT BY AUDIO.
UM, FIRST OF ALL, ALL THE PATIO WILL BE PICKED UP AND PUT INTO A STORM DRAIN SYSTEM THAT DOES NOT EXIST NOW.
SO THAT IS WHY THERE'S WATER GOING DOWN THE HILL THAT SHOULDN'T BE GOING THERE.
SO ESSENTIALLY THE STORMWATER SYSTEM IS NOT IN YET.
AND THE SYSTEM IS DESIGNED TO TAKE THE PATIO AND THE ROOF AREAS NOW TO EXPLAIN HOW WATER RUNS.
LET'S SAY YOU TAKE A SHEET OF PAPER, YOU DROP THE WATER AT THE TOP OF THE PAPER, AND SINCE IT'S A SLOPE, IT WILL, IT WILL GO FAST DOWN THE PAGE.
IF YOU BEND IT IN THE MIDDLE OR FLAT AREA, IT'S GONNA GO DOWN THE STEEP PART, SLOW DOWN IN THE FLAT AREA, AND THEN IT POSSIBLY WILL GO, IT WILL GO FAST AGAIN.
BUT I'VE DONE THAT STUDY, I'VE, I'VE DONE THE PATH, WE CALL IT THE PATH OF CONCENTRATION, AND IT IS LESS THAN THE PRE-DEVELOPMENT.
YOU HAVE TO REMEMBER THE PRE-DEVELOPMENT WAS COMPLETELY STEEP.
AND LIKE I SAID, YOU HAVE A PIECE OF PAPER, IT GOES DOWN, IT GOES NICE AND SLOW AND THEN DOWN.
SO THE TIME AND CONCENTRATION IS SLOWER.
I I DO UNDERSTAND YOUR, YOUR COMPUTER MODELING.
I'VE DONE MODELING MYSELF, BUT THIS GENTLEMAN IS JUST TELLING US HE'S LIVED THERE, HE'S LIVED THE EXPERIENCE AND THAT MODEL'S NOT APPLICABLE AND WE HAVEN'T, WE HAVEN'T FINISHED OUR PROJECT YET.
AND THAT'S, YOU KNOW, ONCE WE FINISH IT, WE'RE GONNA HAVE THE STORM WATER SYSTEM IN.
DO YOU HAVE, UM, THE GALLON REQUIREMENTS OF HOW MUCH ALL THIS SYSTEM'S
[01:00:01]
GONNA CA BE ABLE TO YES, WE'VE DONE A FULL START PICKING UP WATER FROM OTHER, SO IF I MAY SPEAK, SO I KNOW THE, UH, ENGINEER IS SPECIFICALLY, AND IF YOU FOCUS ON HIS WORDS IMPERVIOUS SURFACE, BUT MY QUESTION WOULD BE WHAT ABOUT THE SURFACE THAT'S FLATTENED OUT? WE STUDY IT OFF HIS GRASS AREA AND, AND THAT SURFACE, WHICH WAS FLATTENED OUT PRIOR TO ANY ENGINEERING STUDY TO DETERMINE IF THE WAY OR THE ANGLE OF FLATTENING OUT WAS PROPER OR NOT.SO BECAUSE THAT YARD GOES, I I 0.3 OF A MILE, I, I DON'T KNOW HOW FAR IT GOES, BUT IT'S PRETTY FAR DISTANT AND THAT ENTIRE YARD HAS BEEN FLANKED OUT.
I'M SORRY, WHICH DIRECTION? UH, EAST AND EAST TO WEST.
WEST GOING WEST BECAUSE YOU'RE SOUTH OF HIM.
YOU ARE SOUTH OF YOUR NEIGHBOR? YES.
SO, SO THEN THE SLOPE IS NORTH NORTHERLY, BUT YOU'RE SAYING THAT THEIR PROPERTY IS LONG AND IT IN THE BACK IT GOES FURTHER BACK TO WEST IN AN EAST TO WEST DIRECTION.
SO JUST ORIENTING MYSELF OF COURSE,
UH, SO THAT ENTIRE LAND WAS FLATTENED AND ARE WE LEGALIZING SOMETHING THAT WAS, WHEN THAT WAS DONE FLATTENED, WAS THIS SOMETHING THAT WAS LE AND THIS IS MORE FOR GAR PROBABLY, IS THIS TRYING TO LEGALIZE SOMETHING THAT WAS ILLEGALLY DONE IN 2017? YES.
THIS IS PART OF THE PLANNING BOARD PROCESS TO, UM, LEGALIZE AND REVIEW THE STEEP SLOPE IMPACTS.
IT'S AN ACTIVE CASE WITH THE PLANNING BOARD.
SO TO DO NOTHING WOULD NOT BE THE RIGHT WAY TO GO.
UM, SO YOU'RE WANT TO ENSURE THAT WE ARE MAKING SURE THAT THE ARCHITECT IS GOING TO DO WHAT'S REQUIRED IN ORDER TO RESOLVE THE SITUATION COMPLETELY AND NOT MAKE IT WORSE AND, AND NOT MAKE IT WORSE AND NOT MAKE IT WORSE.
AND TO CONSIDER THE ENTIRE YARD AS THE ENTIRE YARD, NOT JUST THE IMPERVIOUS SURFACE BECAUSE IT WASN'T JUST THE PATIO THAT WAS ADDED, IT WAS THE ENTIRE YARD THAT WAS FLATTENED OUT.
SO THE CALCULATION SHOULDN'T JUST TAKE THE IMPERVIOUS SURFACE INTO ACCOUNT.
IT NEEDS TO TAKE INTO ACCOUNT THE SLOPE OF THE FLAT YARD THAT'S HEADED TOWARDS, UH, WEST, EAST AND ANGLED.
IT'S ANGLED WEST, EAST THIS WAY AND THEN SOUTH DOWNWARDS.
SO THEN THE ENTIRE FOCUS, AGAIN, IF YOU THINK ABOUT IT AS A, UH, FLASHLIGHT, THE ENTIRE FOCUS OF THE WATER IS COMING THIS WAY AND THEN DOWN THIS WAY INTO MY YARD.
SO THE FOCUS FOR THE ENGINEER SHOULD BE TO FOCUS ON THE ENTIRE YARD AS AN ENTITY, NOT JUST IMPERVIOUS SURFACE TO MITIGATE THIS ISSUE.
WE HAVE DONE THAT IN OUR REPORT FOR PRESENTED TO THE TOWN ENGINEER.
WE HAVE STUDIED THE WHOLE PROPERTY, BOTH GRASS AND IMPERVIOUS SURFACE.
I HAVEN'T SEEN ANY WATER RETENTION SYSTEM THAT TAKES INTO ACCOUNT THE GRASS OR IMPERVIOUS AIR THAT THOSE SURFACES.
I DON'T SEE, IF YOU LOOK AT THE ARCHITECTURAL DESIGN, ALL I SEE IS BUSHES, SHRUBS ON A VERY STEEP SLOPE EXPECTING THAT NONE OF THE EROSION WILL CONTINUE TO HAPPEN.
I DON'T SEE ANY MITIGATION THIS WELL, THERE IS A, AT THIS POINT ON TIME, I'M SURE A DRAINAGE REPORT FOR YOU TO EXAMINE IN, IN THE BUILDING'S BARN, SIR.
AND IT DID, IT DID TAKE INTO ACCOUNT IMPERVIOUS.
THE WHOLE PROPERTY HAS TWO DRAINAGE BASINS AND IT'S DESIGNED FOR THAT.
SO I UNDERSTAND, UH, WHAT YOUR CONCERN IS, BUT HAVE YOU HAD ANY INVESTIGATION ON YOUR OWN OR SOMETHING OTHER THAN YOUR BELIEF AS TO HOW IT SHOULD BE DONE? HAVE YOU, HAVE YOU APPROACHED ANY OTHER, YOU KNOW, PROFESSIONAL
[01:05:01]
WITH REGARD TO WHETHER OR NOT, OR WHAT SHOULD BE DONE? I HAVE NOT APPROACHED ANY PROFESSIONALS TO DETERMINE WHAT HAS WHAT TO BE DONE BECAUSE AS IT WAS MENTIONED EARLIER, UH, THIS WORK WAS PERFORMED BY MY NEIGHBORS.AND FOR ME TO HIRE A PROFESSIONAL MEANS THAT I NOW HAVE TO FIGURE OUT AND START SPENDING, UH, AMPLE AMOUNT OF MONEY TO MITIGATE SOMETHING THAT I HAVE NOT CAUSED AND IS IMPACTING MY HOME AND THE VALUE OF MY HOME.
SO IT'S NOT ONLY IS MY VALUE OF THE HOME BEING DEGRADED BY THE CONSTANT FLOW, BUT NOW YOU KNOW, THE ASK IS FOR ME TO INVESTIGATE IT, TO FIGURE OUT A PROPER AUTHORITY TO FIGURE OUT WHAT THEIR SOLUTION CAN BE, ONLY BECAUSE YOU DON'T SEEM TO BELIEVE THAT THEIR PROFESSIONAL IS DOING A PROPER JOB.
I AM SKEPTICAL BECAUSE THEY'VE HIRED VARIOUS PROFESSIONALS PER SE, AND I STILL SEE THE PROBLEM.
I SEE THERE'S NOTHING THAT'S, UH, BEEN FIXED.
THE ISSUE CON REMAINS, THERE'S NO, YOU KNOW, SORT OF, UM, YOU KNOW, DISCUSSION.
THERE'S NO SORT OF COMMUNICATION AS TO HOW THEY'RE RESOLVING IT.
THERE'S NO FORM OF, UM, YOU KNOW, RESOLUTION THAT I SEE RIGHT NOW.
I MEAN, ALL I SEE IS THINGS ON PAPER AND THERE HAVE BEEN LOTS OF THINGS ON PAPER BEFORE AND THIS IS WHERE IT'S TURNED INTO A PROBLEM.
EVERYONE SEES A LOT OF THINGS ON PAPER, BUT I'M THE ONE WHO'S WITNESSING THE IMPACT OF THESE ISSUES AND I'M THE ONE WHO'S TAKING INTO, UH, CONSIDERATION THE PICTURES AND SENDING IT ACROSS TO THE ENGINEER AND YOUR CELL.
WELL, THE TOWN ENGINEERING TO SEE THAT THIS IS WHAT'S HAPPENING WHEN THEY GO THROUGH THE PERMIT PROCESS, THE APPROVAL PROCESS.
YOU, YOU JUST, I'M JUST, I HAVE A QUESTION ABOUT YOU.
WERE GONNA, I'M SORRY, YOU WERE GONNA SAY SOMETHING.
I DON'T WANNA JUMP IN FRONT OF A BOARD MEMBER.
IT IS WHAT YOU DO TO PROTECT YOURSELF.
BUILDING THE WALL HIGHER OR DOING WHATEVER IT IS YOU MAY DO IS, IS UP TO YOU.
WE CAN ONLY DISCUSS, DISCUSS THE APPLICATIONS BEFORE US.
MY QUESTION IS MORE, UM, HAS ANYBODY LOOKED AT, IS THERE INCREASED RUNOFF HEADING INTO THE ROAD AND THE CURRENT THAT WILL HAVE IMPACT ON THE INFRASTRUCTURE OF THE TOWN THAT WILL DEGRADE THE ROADS? OR WILL ALL THE SEDIMENT BE, UM, FILLING UP SEWER SYSTEMS OR WHATEVER ELSE THAT WE HAVE? AND HAS THAT ALL BEEN INVESTIGATED? YOU KNOW, AS STORMS GET MUCH WORSE, AND I'M DEALING WITH FLOODING ALL THE TIME, SO I UNDERSTAND THEY'RE GETTING A LOT WORSE.
SO THE APPLICATION HAS BEEN, UM, REVIEWED BY TOWN STAFF, UM, AND THERE ARE STORM WATER PROVISIONS PROPOSED TO THE FRONT.
UM, WHAT THE THING I WAS GONNA INDICATE TO THE BOARD IS THAT, UM, WHEN THE GENTLEMAN INDICATES THAT, UM, THE, THE EXPERIENCES THAT HE'S HAD IN BAD STORMS IS TOWARDS KIND OF THE MIDDLE OF THE PROPERTY INTO THE REAR, UM, AND THAT REALLY THE DRIVEWAYS HAVE NO IMPACT ON THAT AND THAT THE PATIO IS, UM, NOT TOWARDS THAT SIDE OF HIS PROPERTY AND THE PATIO IS PICKED UP BY A CULTEC.
THE POINT I WAS GONNA MAKE TO THE, TO THE ZONING BOARD IS THAT IF YOU, UM, WERE TO DENY THESE VARIANCES BASED ON YOUR TYPICAL RATIONALE THAT YOU WOULD GO THROUGH THIS, APPLICANT WILL STILL GO TO THE PLANNING BOARD AND FINISH THEIR STEEP SLOPE PROCESS.
AND THIS GENTLEMAN'S CONCERNS WITH REGARD TO STORMWATER WILL BE RAISED DURING THAT PROCESS AND THE HOMEOWNER WILL GET OR NOT GET A PLANNING BOARD STEEP SLOPE PERMIT PRIMARILY DRIVEN ON A LOT OF STORM WATER BASED ISSUES.
IF YOU GRANT THE VARIANCES, THERE WILL BE NO DIFFERENCE.
THE HOMEOWNER WILL STILL GO BEFORE THE PLANNING BOARD AND THOSE STORMWATER BASED AND LEGALIZATION OF SLOPE WORK BASED ISSUES WILL STILL BE VETTED BY THE PLANNING BOARD.
UM, SO THIS IS NOT THE END OF THE PROCESS WHETHER YOU APPROVE OR DENY, AND THAT THE PLANNING BOARD AS PART OF ITS STEEP SLOPE PERMIT PRIMARILY IS, IS REALLY HAS THE JURISDICTION ON, UH, SLOPE AND STORMWATER RELATED MATTERS.
UM, I JUST WANT TO LET YOU UNDERSTAND THAT.
[01:10:01]
IS PART OF AN ONGOING PROCESS.THIS ISN'T THE END
I'M ONLY SAYING THAT BASED ON THE FACT THAT WHAT I READ FROM THE PLANNING BOARD, BASED ON THEIR REVIEW OF THE PROJECT THUS FAR AND THE CONTEXT OF THE VARIANCES AND WHAT I'M HEARING FROM, FROM, YOU KNOW, ALL PARTIES.
BUT I DEFINITELY HEAR LOUD AND CLEAR THIS GENTLEMAN'S CONCERNS.
I ALSO SAW THE VIDEOS AND THAT WAS RATHER EXTREME.
UM, SO THOSE ARE MY COMMENTS AND IMPRESSIONS.
AND I ALSO SAY THAT THE PLANNING BOARD CHAIRMAN DID REQUEST THAT WE DO A STUDY OF THE DRIVEWAYS IN THE FRONT YARD AS PART OF THE DRAINAGE REPORT.
WE COVERED ALL ASPECTS OF THE, OF THE PROPERTY AND WE SPECIFICALLY HAD TO COME BACK WITH A STUDY OF THE FRONT DRIVEWAYS AND EVERYTHING.
AS I SAID BEFORE, THE TOWN ENGINEER HAD NO PROBLEM WITH IT.
IS THERE ANYTHING ELSE THAT, UH, ANYONE ELSE WISH TO COMMENT ON WITH REGARD TO THIS MATTER? I THINK, SIR, THAT WE'VE, WE'VE HEARD THE ISSUES THAT YOU HAVE, IT'S JUST THAT IT'S SOMETHING THAT UNFORTUNATELY WE CANNOT RULE ON.
OR EVEN IF WE, AS AS STATED, EVEN IF WE DENIED THE APPLICATION, IT DOESN'T CURE THE PROBLEM FOR YOU, NOT BY THIS BOARD AT LEAST.
SO WITH REGARDS TO THESE ISSUES, ARE WE SAYING THAT THERE'S A PLANNING BOARD THAT WOULD TAKE UP THOSE CONCERNS? PROCEDURALLY, AFTER THE ZONING BOARD MAKES ITS DECISION, THE APPLICANT WILL APPEAR BEFORE THE PLANNING BOARD AND THERE WILL BE A PUBLIC HEARING NOTICE, JUST LIKE SIMILAR TO WHAT YOU RECEIVED FOR THE ZONING BOARD.
AND, UH, YOU WILL RECEIVE THAT AS A NEIGHBOR OF COURSE.
AND, UM, I FULLY EXPECT FOR YOU TO, UM, RAISE THESE SAME POINTS AND, UH, THE PROJECT STILL WOULD BE SUBJECT TO REVIEW.
THERE COULD BE ADDITIONAL CHANGES, UM, BUT YOUR, UM, COMMENTS WILL BE HEARD LOUD AND CLEAR BY THAT BOARD AS WELL AS WELL.
SO, UH, WITH REGARDS TO, YOU KNOW, EVERYTHING I'VE SAID, IS THERE ANY QUESTIONS? IS THERE ANY, ANY FORM OF STATEMENT OR JUDGMENT THIS BOARD CAN MAKE TO KIND OF ENFORCE THAT? THE ENGINEER DOES TAKE A LOOK AT THE ISSUES IN HAND AND ACTUALLY, YOU KNOW, ENSURE THAT THERE IS PROPER MITIGATION PUT IN PLACE BECAUSE I DIDN'T SEE IT IN THE DIAGRAMS THAT WAS PRESENTED.
ALL I SAW WAS SHRUBS AND BUSHES.
THAT HAS NOTHING TO DO WITH ANY FORM OF EROSION MITIGATION OR ANY FORM OF WATER MITIGATION ON THAT SIDE OF THE PROPERTY.
I THINK WE APPRECIATE THE HARDSHIP THAT YOU'RE UNDER, BUT I DID ASK THE QUESTION BEFORE AND SO THAT WE CAN HELP YOU.
YEAH, I ASKED IF THE DRIVEWAY OR THE ADDITIONAL WORK THAT'S BEING DONE THAT'S IN THE VARIANCES THAT WE'RE LOOKING AT.
IF YOU FEEL OR FELT THAT THAT WAS IMPACTING THE WATER, YOU SAID THAT THAT'S NOT, IN YOUR OPINION, THE CASE, IT'S ALL THE OTHER WORK THAT HAD BEEN DONE.
THAT'S NOT BEFORE THIS BOARD TO ADDRESS.
IT WOULD BE THE PLANNING BOARD.
ANY COMMENTS FROM THE APPLICANT AT THIS POINT? OR THE ARCHITECT? WELL, HE'S THE APPLICANT ALSO, UNLESS YOU HAVE ANY QUESTIONS.
THANK, AND THE NEXT CASE IS CASE 2330.
GREG ANDERSON, 21 WASHINGTON PLACE.
UH, GOOD EVENING, MR. CHAIRMAN.
MY PROPERTY IS 21 WASHINGTON PLACE, WHITE RANGE YORK, 1 0 6 0 3.
I'M HERE IN REGARDS TO A VARIANCE FOR A WALL AND, UH, FENCE.
THE REQUIRED HEIGHT IS FOUR EIGHT FEET, BUT I'M POSING, UH, 10 FEET ON THE
[01:15:01]
PROPERTY IS HERE.YOU CAN SEE, SIR, I'M GONNA ALSO SHARE SCREEN TO ASSIST
WE, WE CAN'T SEE UP HERE FOR SURE.
I I'M ACTUALLY A LITTLE SLOW, SO, UH, MR. ANDERSON, BEAR WITH ME AND I'LL, I'LL, I'LL PUT THE, THE, THIS ITEM ON THE SCREEN FOR YOU.
UM, I'M GONNA SAY EAST OF THE LINE, THAT'S LI THAT'S HIDE HIGHLIGHTED AND I'M GONNA DISPLAY THE PHOTOS FOR YOU.
SO THAT'S MY WALL THAT I BUILT.
IT'S EIGHT FEET AND, UM, THE TOTAL HEIGHT IS 10.
AND THAT'S THE BACKSIDE OF THE WALL, THE WALL AND THE FENCE.
SO I'M ASKING FOR THE WALL TO APPROVE THE WALL BECAUSE IF I MAKE THE WALL ANY SHORTER, THEN THE DOG THAT'S AT THE HOUSE WOULD BE ABLE TO LOOK OVER TO THE PROPERTY BEHIND IT AND POSSIBLY HURT THE KIDS OR ATTACK THE KIDS OR THE ELDERLY PEOPLE THAT LIVE THERE.
UM, AGAIN, THE DOG IS VERY FRIENDLY.
UM, IT DOESN'T HURT ANYBODY, BUT AGAIN, THE, IT'S A PIT BULL, SO PEOPLE ASSUME THAT IT'S A, IT'S A BAD DOG.
UM, UM, SO QUICK QUESTION BEFORE YOU GO MUCH FURTHER.
WE CAN MAKE THIS A LITTLE EASIER.
THE RE GO BACK UP THAT RIGHT THERE, GARRETT.
THIS IS IN YOUR YARD OR YOUR NEIGHBOR'S YARD WHERE THE RETAINING THE CEMENT, RETAINING WALL IS CORRECT? THAT'S MY NEIGHBOR'S.
SO THIS IS ACTUALLY FACING OUT FROM YOUR PROPERTY? CORRECT.
SO YOU BUILT UP FROM THE NEIGHBOR'S PROPERTY WITH THE, UH, STACKING PAVERS AND THEN PLACED AN EIGHT FOOT FENCE ATOP SIX FOOT FENCE ON TOP AND THE WALL IS FOUR.
IF I'VE MADE IT ANY SHORT OF IT TO LOOK OVER INTO THE NEIGHBOR AND POSSIBLY, YOU KNOW, JUST, UH, THE NEIGHBOR WOULD BE A AFRAID.
SO I MADE IT TALLER TO KEEP THE KIDS, THE NEIGHBORS SAFE, AND ALSO TO KEEP THE DOG INSIDE.
SO YOU WENT TO THE EXPENSE OF DOING THE PAVERS ON YOUR NEIGHBOR'S PROPERTY AND THEN ELEVATED YOURS? YES.
UM, CAN, CAN I JUST, IS THE, UM, WHAT IS THE TOP, HOW HIGH IS THE NEIGHBOR'S PROPERTY ON THE OTHER SIDE OF THAT WALL? THAT'S MY PROPERTY.
SO, OH, THIS IS THE NEIGHBOR'S SIDE? THIS IS THE NEIGHBOR'S SIDE.
SO YOUR CONCERN IS THAT THE PIT BULL IS GONNA JUMP OVER AN EIGHT FOOT WALL? NO, NO.
UM, PULL, LET ME JUST SHOW YOU.
SO THIS IS, NO, THAT'S, YOU LOOK AT THIS.
YEAH, WE HAVE, THIS IS SIX FEET, THE FENCE.
SO ON MY SIDE IT'S FINE, BUT THE, THE BACKSIDE DROPS DOWN.
SO THAT'S WHY I HAD TO MAKE THE, THE FENCE HIGHER SO THAT THE DOG DOESN'T SEE ANYTHING.
IS IT YOUR DOG OR THEIR DOG? IT'S, IT SAYS MY HOUSE, BUT IT'S RENTED.
SO YOUR CONCERN IS THAT THE DOG WILL JUMP OVER A SIX FOOT FENCE? A FOUR FEET.
BECAUSE IF I, IF I COULD NARRATE SIR WITH THE CURSOR, YOU JUST, I WANT TO ASSIST.
YOU GOT THE WRONG SIDE OF THE FENCE.
THE WHITE FENCE IS SIX FOOT SIX.
BUT HE SHOULD BE PUTTING IN A FOUR FOOT FENCE.
AND IF HE PUTS A FOUR FOOT FENCE, THE DOG ON THAT SIDE CAN LOOK OVER THE FENCE.
'CAUSE THE DOG IS TALLER THAN THE FOUR FOOT FENCE.
THAT'S WHAT HE SAID WITH THIS.
IT, IT, IT IS FRIENDLY, BUT STILL YOU, WHEN YOU SEE GOOD LEGS, I DON'T KNOW.
WELL, I GUESS SHUT OFF THE SIX.
DOES THE SIX FOOT FENCE THAT YOU HAVE JOIN THE OTHER SIDE TO YOUR YARD SO THAT IT'S A CONTINUOUS FENCE, CORRECT? YES IT DOES.
AND IF YOU WERE TO PUT SOMETHING CLOSER TO THE GROUND, ONE PORTION OF THE FENCE WOULD BE HIGH AND THE OTHER PORTION WOULD BE MUCH LOWER, CORRECT? CORRECT.
SO FROM INSIDE IT LOOKS LIKE THIS.
IF HE HAD TO DESIGN IT DIFFERENT, IT WOULD LOOK LIKE THIS ON ONE SIDE, WHICH WOULD MATCH THE SLOPE OF THE LAMP, RIGHT? UM, NO.
HE COULD HAVE BROUGHT THE FENCE ON CLOSER IN, ON HIS PROPERTY.
[01:20:01]
A WALL FOR THE NEIGHBOR AS A RETAINING WALL, AND THEN HE BUILT ABOVE THE RETAINING WALL.WELL, HE WANTED TO USE THE FULL USE OF HIS YARD, I GUESS.
WELL, IF HE HAD BROUGHT IT IN TWO FEET IN RIGHT.
WERE THEY BOTH BUILT AT THE SAME TIME? YES.
THIS IS THE NEIGHBOR'S YARD, RIGHT? THIS IS HIS YARD, YES.
SO HE WANTS IT
BUT HE'S CREATED 10 FOOT, BUT HE CREATED 10 FEET.
SO SHOULDN'T THE NEIGHBOR BE APPLYING FOR THIS? NOT HIM.
HE DID ON, NO, BUT IT'S NOT BUT IT'S ON HIS PROPERTY.
OH, IT'S ON HIS PROPERTY ON HIS SIDE.
SO HE MOVED THE WHITE FENCE TWO FEET FURTHER IN WHERE HIS LEVEL GROUND.
WE WOULDN'T BE HERE AND HE, HE WOULDN'T BE HERE
WE WOULD STILL BE, I THOUGHT IT WAS GRANDPARENTS WHO THE ELDERLY PEOPLE WERE POLE VAULTING OVER THE FENCE.
I'M, I WAS CONFUSED BY THE PIT BULL ACTUALLY GOING OVER THE FENCE.
IT NEVER OCCURRED TO ME THERE WAS A DOG.
I THOUGHT IT WAS THE OLD PEOPLE WERE JUMPING OVER, HE DIDN'T WANT THAT STEEP SLOPE ON THAT SIDE.
ANY OTHER QUESTIONS? NO, I THINK WE FIGURED IT OUT.
ANYONE ELSE WANT COMMENT ON THIS? YOU ALMOST RAISED YOUR HAND.
OH, UM, YES, THERE MAY BE A SPEAKER ON ZOOM.
UM, MS. NICOLE DANELLE, IF YOU INTENDED TO SPEAK, IF YOU COULD PLEASE UNMUTE.
IF YOU'D LIKE TO COMMENT, PLEASE FEEL FREE.
SO, UM, I HAD SPOKE TO MR. ANDERSON, UM, REGARDING THE WALL.
UM, ACTUALLY IT'S A GOOD HEIGHT FOR US BECAUSE WHAT HE WAS, UM, SPEAKING ABOUT REGARDING THE DOG, WHEN THE FENCE WAS ACTUALLY HERE WHEN WE FIRST MOVED, IT WAS LOWER AT THE HEIGHT THAT HE WAS SPEAKING ABOUT.
AND THE DOG ACTUALLY DID ORIGINALLY TRY TO JUMP OVER THE FENCE WHEN WE FIRST MOVED.
SO I WAS ACTUALLY IN CONTACT WITH THE TOWN OF GREENBURG, ACTUALLY WENT TO UM, TOWN HALL AND HAD SPOKEN TO THEM ABOUT THE DOG WHEN WE HAD FIRST ORIGINALLY MOVED.
UM, SO THAT'S HOW THIS WHOLE PROCESS STARTED, UM, REGARDING THE RETAINING WALL, UM, BECAUSE I DO HAVE TWO SMALL CHILDREN AND, UM, MY PARENTS LIVE HERE WITH US AS WELL.
SO, UM, THAT'S WHY WE TALKED ABOUT THE FENCE AND GETTING IT FIXED BECAUSE THE RETAINING WALL ACTUALLY WAS IN, UM, BAD SHAPE.
SO IT WAS ACTUALLY, YOU KNOW, FALLING APART.
SO THAT'S WHY MR. ANDERSON AND I HAD SPOKEN WITH MY FAMILY AND THAT'S WHY HE WENT AND GOT THE WALL FIXED AND HAD THE FENCE, UM, PUT IN AS WELL.
THE TOWN DID COME OUT, THE INSPECTOR TO LOOK AT THE WALL, UM, WHILE IT WAS BEING FIXED BEFORE THE FENCE WAS ACTUALLY BEING PUT UP.
SO, UM, YOU KNOW, I FELT LIKE PRIOR TO THE FENCE ACTUALLY BEING PUT UP ONCE THE WALL WAS FIXED, THAT MAYBE AN INSPECTOR SHOULD HAVE LOOKED AT THE WALL PRIOR TO THE FENCE BEING PUT UP AND MAYBE WOULDN'T BE IN THIS SITUATION AND MAYBE HAVE GIVEN MR. ANDERSON THE SUGGESTION, UM, OF PUTTING THE FENCE AT HER ONCE SAYING THAT IT SHOULD BEEN PUT BACK, YOU KNOW, TWO, TWO FEET OR SOMETHING FROM THE WALL.
UM, MAYBE THAT SUGGESTION SHOULD HAVE BEEN GIVEN PRIOR TO THE FINAL PROJECT BEING, YOU KNOW, FINISHED.
BECAUSE IF HE LOWERS THE FENCE AGAIN, I DON'T WANT ANYTHING TO HAPPEN TO MY CHILDREN OR IF WE HAVE GUESTS COMING TO THE HOUSE OF HAVING THE DOG, UM, YOU KNOW, UM, JUMPING OVER THE FENCE BECAUSE WE ACTUALLY HAVE VIDEO WHICH I JUST SENT TO DISTRICT ATTORNEY, UM, TAGLIA OF THE DOG COMING OVER TRYING TO COME OVER THE FENCE WHEN MY MOTHER WENT INTO THE BACKYARD.
UH, DO YOU LIKE THE FENCE THAT'S THERE AND THE RETAINING WALL? YES, WE DO.
I THINK THAT SAYS IT ALL, UNLESS WE HAVE SOMEONE ELSE.
AND THE NEXT CASE TONIGHT IS CASE 2331.
ROBERT AND CHARLENE SPICER, NO.
[01:25:26]
GOOD EVENING, MADAM CHAIR AND MEMBERS OF THE BOARD.MY NAME IS STEVE SICON, I'M THE ARCHITECT WORKING WITH THE SPEARS AT 40 LINWOOD.
THE HOUSE IS JUST A FEW HOUSES IN NORTH OF ARDSLEY AND IS BOUND ON THE EAST, UH, BY BRONX RIVER OR PARKWAY.
WE'RE HERE BEFORE YOU TONIGHT, UM, LOOKING FOR YOUR REVIEW AND APPROVAL OF A REAR DECK EXPANSION AND LEGALIZATION OF AN EXISTING REAR PATIO.
I DON'T KNOW IF IT'S POSSIBLE TO SHOW THE SITE PLAN.
ALRIGHT, UH, SORRY, I'LL HAVE IT UP IN JUST A MOMENT.
A CARD THAT COMES IN BEFORE, AND IF YOU'D LIKE ME TO ZOOM IN, JUST PLEASE LET ME KNOW.
YEAH, IF, WOULD YOU POSSIBLE TO GET A LITTLE BIT CLOSER IN ON THE ABSOLUTELY SITE PLAN? THAT'S PERFECT, THANK YOU.
SO THE, THE TOP OF THE SCREEN IS THE, UH, EAST SIDE BASICALLY WHERE, UH, I DON'T KNOW IF YOU, THE BRONX RIVER PARKWAY IS UP HERE.
THIS DOWN HERE IS LINWOOD AND THE AREA THAT WE'RE TALKING ABOUT IS HIGHLIGHTED IN COLORS.
THE RED IS THE CURRENT PLATFORM DECK AND AN EXISTING STAIR THAT GOES DOWN.
AND THE BLUE IS AN EXISTING STONE PATIO.
AND IT WAS IN THIS CONDITION WHEN THE SPEARS BOUGHT THE HOUSE IN 98.
AND AS PART OF THIS PROCESS, WE'D LIKE TO LEGALIZE IT SINCE IT WAS DONE, APPARENTLY WITHOUT, UH, PROPER PERMISSION.
SO WHAT THEY'RE SEEKING TO DO, BECAUSE THE CONDITION OF THE DECK IS NOT IN GREAT SHAPE RATHER THAN REPAIRING IT, AND THIS IS REALLY SMALL, THIS IS, YOU KNOW, APPROXIMATELY SIX FEET OUT AND MAYBE ABOUT 10 FEET WIDE.
THEY WANNA MAKE IT APPROXIMATELY 14 BY ROUGHLY 12 FEET DEEP, WHICH IS A LITTLE MORE SENSIBLE AND YOU CAN GET, YOU KNOW, A MORE COMFORTABLE TABLE AND CHAIRS OUT THERE.
AND BASICALLY WHAT WE'RE HOPING TO DO IS TO JUST REMOVE THE EXISTING DECK AND ESSENTIALLY ENLARGE, UH, TO JUST A LITTLE BIT MORE, YOU KNOW, COMFORTABLE MEANS.
AND THEN ADD A SMALL PRIVACY SCREENING.
'CAUSE THE, UH, THE GRADE SLOPES DOWN APPROXIMATELY 10 FEET FROM LINWOOD DOWN TO THE EAST SIDE.
AND THE CONSTRUCTION IS, IS ALL JUST KIND OF STANDARD PRESSURE TREATED WOOD AND TREKS AND, UM, YOU KNOW, NOTHING TERRIBLY REVOLUTIONARY
AND, UM, BASICALLY I, I DON'T KNOW IF YOU NEED TO GO THROUGH THE BALANCING POINTS OR ANYTHING OR IF THERE'S, CAN YOU ILLUSTRATE WHERE THE VARIANCES ARE? YES.
SO THE, THE EIGHT FOOT SIDE SETBACK, UM, IS BEING ENCROACHED UPON AND WE'RE NOT COMING ANY CLOSER THAN THE CURRENT STAIR.
HOWEVER, WE'RE INCREASING THE NON-CONFORMITY BECAUSE WE'RE MAKING IT LARGER AND A LITTLE BIT LENGTHIER, YOU KNOW, SO IT'S A MORE COMFORTABLE DECLINE, YOU KNOW, WHEN YOU'RE COMING DOWN THE STAIRS.
AND LIKEWISE, THE HOUSE IS, YOU, YOU COULD SEE IS ALREADY AN EXISTING NON-CONFORMING, UH, LOCATION.
AND WE'RE MAKING THE NON-CONFORMITY GREATER AND THE DECK AND THE PATIO CONTRIBUTE TO THE COVERAGE VARIANCE THAT WE'RE SEEKING, WHICH IS, UH, I THINK ABOUT TWO OR 3% IN BEYOND WHAT'S PERMISSIBLE,
[01:30:04]
HOW MUCH MORE IT IS IN THE PACKAGE THAT IS SUBMITTED.IT'S, I BELIEVE IT'S ABOUT ABOUT 3%.
SO, OH, I GUESS WE DON'T, WE DON'T HAVE EX WHAT THE EXISTING IT IS, IT, IT'S OVER, YOU'RE SAYING IT'S ALREADY OVER, IT'S ALREADY NON-CONFORMING AND WE'RE INCREASING THAT NON-CONFORMITY SLIGHTLY, YOU KNOW, IF ANYBODY WOULD POTENTIALLY BE AFFECTED, IT WOULD BE TO THE EAST BECAUSE THE INCLINE GOES DOWNHILL FROM LINWOOD AND WE HAVE FIVE SUPPORTING LETTERS FROM NEIGHBORS, INCLUDING THE ONES TO THE LEFT WHO ARE SUPPORTING THE, THE APPLICATION.
THOSE LETTERS ARE IN YOUR FILE AS WELL.
SO, UH, YEAH, THE COVERAGE I THINK EXISTS AT 50.49 AND IS PROPOSED AT 52.9.
HOW OLD IS THE HOUSE FROM 1920? UM, 1922.
THERE'S THIS IS THE EXISTING, UH, DECK AND THE STAIRS THAT GO DOWN.
AND I JUST HAVE GARRETT, I HAVE WITH JUST A QUESTION.
THE, UM, THE LETTER OF PERMIT DENIAL, UM, IT'S FOR THE VARIANCES THAT THEY'RE SEEKING, IT SAYS FIVE FEET, BUT I'M ASSUMING THAT THIS IS SOMETHING DIFFERENT THAN THE EIGHT FEET SIDE YARD SETBACK.
JUST FOR, CAN I SEE THAT LETTER PLEASE? HOUSEKEEPING? WELL, IT'S A STAIRWAY OR DECK CLOSER.
SO, AND THE OTHER QUESTION, DO THEY NEED A VARIANCE TO INCREASE THE NONCONFORMING? IS THAT NOT ON THERE? DO THEY NEED A VARIANCE TO INCREASE THE NONCONFORMITY, THE INCREASING OF A NONCONFORM EXISTING NON-CONFORMING STRUCTURE OR NO? YES.
WHAT'S THE, WHAT'S THE NONCONFORMING STRUCTURE THOUGH? THE EXISTING S THE EXISTING AND THE PATIO.
WELL THAT ASSUMES WHEN YOU SAY NOT PERFORMING, THERE ARE TWO DIFFERENT MEANINGS.
NOT PERFORMING, MEANING LEGAL, IT DOESN'T FORM OR IT LEGALLY EXISTS.
AND IT WAS PRIOR TO THE ZONING ORDINANCE.
THAT MADE IT PROBABLY, SO THERE WAS A DENIAL OF, OF A, OF A DEATH BACK IN THE EIGHTIES, I THINK 1986.
AND I DUNNO, I CAN'T HELP FROM THIS.
HOW CAME AND WAS THERE A BUILDING PERMIT? I DON'T, WE DON'T SEE ANY BUILDING PERMITS THAT WERE ALLOWED ON THAT OR I, WE HAVE RECORDS YEAH.
FROM, FROM 1988 THAT THERE WAS AN APPLICATION BEFORE YOUR BOARD OF, OF MUCH LARGER DECK ABOUT 50 BY 20 THAT WAS DENIED.
UM, WE HAVE THAT IN OUR PACKAGE.
BUT TO MAKE THIS REAL SIMPLE, THE EXISTING DECK THAT'S THERE NOW, THE, THE ONE THAT'S STAINED RIGHT? DOES THAT IMPROVE THAT? TO MY KNOWLEDGE, YES.
WHAT, WHEN, WHEN YOU IT WAS THERE, IT WAS, IT WAS THERE, IT WAS THERE WHEN YOU BOUGHT THE HOUSE.
I DON'T KNOW IF TITLE WOULD'VE PICKED UP.
I I, I DON'T, I I CAN'T ANSWER BECAUSE I DON'T KNOW.
BUT I IMAGINE, YOU KNOW, THE, THE DOOR FROM THE KITCHEN THAT LEADS TO THIS DECK LOOKS ORIGINAL.
SO IT KIND OF STANDS TO REASON THAT THERE WAS SOME REASON TO HAVE THE DOOR FROM THE BACK KITCHEN TO SOMETHING THAT WAS NOT THERE WAS, IT WAS A, A DECK I SEEMS TO REASON.
WHEN DID YOUR CLIENT PURCHASE THE PROPERTY? 98.
[01:35:02]
WE HAVE, THE QUESTION IS, DOES BUILDING HAVE ANYDOES BUILDING HAVE ANY RECORDS AS TO WHEN THAT STRUCTURE WAS BUILT? THE FACT THAT THERE WAS A DOOR GOING OUT? COULD HAVE BEEN JUST A STAIR.
THAT COULD HAVE BEEN A, WHEN WAS THAT DOOR PUT IN? THAT'S IT.
TO TO, TO MY KNOWLEDGE AND TO MY OBSERVATION, THE DOOR LOOKS ORIGINAL.
I DON'T KNOW THE HERITAGE OF THE, THE DECK OTHER THAN IT WAS THERE WHEN THE SPEARS BOUGHT IT IN 98.
BUT YOU SAY IT'S OFF THE KITCHEN, CORRECT? YEAH.
SO WOULDN'T IT THAT BE SOMETHING THAT, UH, WOULD BE ESSENTIAL? YES, IT'S PERMANENT DOOR, IT'S LITTLE BREAKFAST ROOM B.
NO, I WAS THINKING FOR, FOR FUNCTIONALITY VIEWPOINT OF, UH, SAFETY AND FUNCTIONALITY.
AND THE ONLY REASON THE QUESTION CAME UP IS TO BE ABLE TO VOTE ON THIS PROPERLY, WE NEED TO KNOW EXACTLY WHAT WE'RE VOTING ON.
WELL, THE, THE APPLICATION BEFORE YOU IS FOR AN ENLARGED NEW DECK, OR SHOULD WE SAY A NEW DECK? A PROPOSED ENLARGED NEW DECK Y YES.
UH, AND, AND THE LEGALIZATION OF A PATIO.
PATIO, THAT AGAIN, WAS DONE, I GUESS BEFORE THE SPEARS OWNED IT.
IS THAT CORRECT SIR? THAT THAT PATIO WAS THERE AS THE WAY IT IS NOW WHEN YOU BOUGHT YES.
LET THE RECORD SHOW THE OWNER NODDED.
I THINK THE RECORD COULDN'T SEE IT.
SO YOU HAVE ALL OF THESE, UM, NEIGHBORS THAT ARE SUPPORTING IT.
UH, DO THEY HAVE SIMILAR ISSUES,
SIMILAR ISSUES? WELL, THEIR DECKS ARE LIKE TINY AND SAY, WELL IF YOU GET THIS DECK WE WANT TO TAKE TOO
THEY OFFERED TO COME DOWN, BUT IT'S SAFE.
ALRIGHT, ANY OTHER QUESTIONS FROM THE BOARD? ANY QUESTIONS FROM THE AUDIENCE? OKAY, THANK YOU.
YOU AND WE ARE NOW UP TO CASE 23, 32.
JUSTIN AND ELIZABETH LEE, TWO BLUEBERRY HILL ROAD, IRVINGTON.
I I SEE, UH, MR. SOL ON THE ZOOM.
IS THAT YOUR DESIGN PROFESSIONAL OR IS THAT THE APPLICANT? UH, I'M THE DESIGN PROFESSIONAL.
I BELIEVE THE APPLICANT IS IN THE ROOM, SO I JUST WANNA SURE WHO WAS REFERRING TO WHAT.
IF YOU WANTED TO START, SIR, YOU HAVE THE ABILITY TO SHARE SCREEN IF YOU LIKE.
I I DO HAVE THE ABILITY TO DO SO.
UH, SO GOOD EVENING, MADAM CHAIR WILL MEMBERS OF THE BOARD, I AM GONNA SHARE MY SCREEN HERE TO GET THINGS GOING.
UH, CAN EVERYBODY SEE THE SCREEN? YES.
AND, UH, HOPEFULLY YOU CAN SEE A CURSE HONOR AS WELL.
SO, UH, GOOD EVENING EVERYBODY.
MY NAME'S MATT
UH, WE'RE HERE FOR FIVE, UH, VARIANCES TONIGHT.
UM, JUST TO RUN THROUGH 'EM QUICKLY, UM, WE HAVE THE, THE, UH, SETBACK TO THE, UH, FOR THE PRINCIPAL BUILDING TO THE FRONT YARD.
UH, THERE IS AN EXISTING NON-CONFORMING THERE.
UH, WE'RE LOOKING TO MAKE IT SLIGHTLY, UH, LARGER.
UH, I'LL EXPLAIN THAT IN A BIT.
I THINK THAT, UH, COMES UP MUCH BETTER
[01:40:01]
AROUND THE THREAT PLAN.UM, WE ALSO HAVE AN EXISTING, THIS IS REALLY THE KEY ISSUE RIGHT HERE.
THERE'S AN EXISTING NON-CONFORMANCE BETWEEN THE, UH, MINIMUM SETBACK FROM THE DRIVEWAY SIDE YARD.
UH, AND THIS IS THE ZERO FOOT DIMENSION.
THIS DRIVEWAY IS CURRENTLY RIGHT ALONG THE PROPERTY LINE THAT IS DRIVING THE NEED FOR THESE OTHER THREE VARIANCES.
UM, AND I THINK IT IS BEST TO SHOW THIS IN A, UH, A PICTURE OF WHAT'S GOING ON HERE.
UH, THIS IS AN ELEVATION OF THE, UH, THE EXISTING HOUSE.
THE EXISTING HOUSE IS IN A DARK SHADED GRAY RIGHT HERE.
UH, THE NATURE OF THE PROJECT IS TO, AT A GARAGE, UH, DOWN AT THE BOTTOM OF THEIR DRIVEWAY, THE DRIVEWAY IS CURRENTLY RATHER STEEP DRIVEWAY GOING DOWN A HILL.
AND, UH, THE COUPLE HAS YOUNG CHILDREN AND, UH, THEY WOULD LIKE TO HAVE, PARTICULARLY THE WINTER MONTHS, THEY WOULD LIKE A GARAGE, UH, TO FACILITATE LOADING AND UNLOADING, UH, THE CARS, YOU KNOW, FOR GROCERIES AND TAKING WHAT HAVE YOU.
UH, THEY'RE ALSO PROPOSING TO ADD A, UH, SECOND STORY OVER THE TOP OF THE NEW GARAGE, AND THEY'RE GONNA HAVE A BREEZEWAY, UH, BETWEEN THE GARAGE AND THE HOUSE.
UH, SO I'LL KEEP THE SPACE A LITTLE OPEN UP RIGHT HERE.
UH, AND THEN THIS DOWN BELOW, THIS IS A SECTION, UH, LOOKING THIS WAY.
UH, SO YOU CAN SEE OVER HERE IN THE DARK GRAY.
THIS IS THE EXISTING HOUSE, UH, IN THE, UH, LIGHTER COLOR RIGHT HERE.
THIS ABOUT HALF OF THE, UH, WIDTH OF THE HOUSE WOULD BE THE NEW GARAGE AND SECOND STORY.
AND THERE WOULD BE A DECK OFF THE BACK OF THE, UH, NEW STRUCTURE.
AND I'M GONNA SKIP DOWN A LITTLE BIT HERE BECAUSE I DO THINK THIS IS BEST PULLED WITH A PICTURE, UH, RIGHT HERE.
THIS IS THE, UH, EXISTING LOT TO BLUEBERRY HILL ROAD.
AND THIS EXISTING DRIVEWAY, AS YOU CAN SEE, IT RUNS RIGHT DOWN THE PROPERTY LINE AS IT, SO THAT'S NECESSARILY GARAGE HAS TO BE AT THE BOTTOM OF THE DRIVEWAY.
UH, SO IT'S REALLY THIS EXISTING NON-PERFORMANCE OF THE DRIVEWAY IS WHAT'S DRIVING THE, OUR NEED HERE TONIGHT WITH THE FIVE S.
UM, AS YOU CAN SEE HERE, UH, ADJACENT, UH, PROPERTY IS FOR BLUEBERRY HILL ROAD.
UM, THE NEIGHBOR HAS A VERY SIMILAR SETUP.
HERE IS THEIR DRIVEWAY GOING DOWN TO A, UH, GARAGE WITH A BREEZEWAY CONNECTING THE GARAGE TO THE HOUSE.
I BELIEVE THAT NEIGHBOR HAS WRITTEN A LETTER, AND I BELIEVE THE BOARD IS IN RECEIPT OF THAT LETTER IN SUPPORT OF THE PROJECT, UM, ACROSS THE STREET.
UH, THIS IS, UM, I BELIEVE NUMBER ONE BLUEBERRIES OLD ROAD.
YOU CAN SEE A SIMILAR SETUP HERE WHERE THEY HAVE A SECOND STORY ON TOP OF THE GARAGE.
UH, SO THE POINT WE'RE TRYING TO MAKE HERE IS THAT THE, UH, THE PROPOSED PROJECT IS, UH, VERY MUCH THE KEEPING WITH THE CARE OF THE NEIGHBORHOOD.
AND THAT I THINK IT, IT IS SOMETHING THAT, UH, THE NEIGHBORHOOD REPORTS.
UH, IT'S ALSO, I THINK, USEFUL TO SEE THIS IN PLAN.
AND THIS WOULD REALLY, UM, DRIVE HOME THE POINT OF WHAT THE VARIANCES WERE SEEKING.
UH, THIS IS THE EXISTING HOUSE RIGHT HERE, AND THIS IS THE EXISTING DRIVEWAY OVER ON THIS SIDE.
THIS IS THE PROPERTY LINE WHERE MY CURSOR IS.
THE DRIVEWAY IS TIGHT TO THE PROPERTY LINE.
UM, SO THE PROJECT WOULD PUT A NEW GARAGE AND SECOND STORY BUILDING OUT THIS WAY.
UM, AND THEN THE NEW DECK WOULD BE BEHIND THAT.
SO THE VARIANCES WOULD BE, UH, YOU CURRENTLY HAVE AN EXISTING NON-CONFORMANCE RIGHT HERE BETWEEN THE CORNER OF THE BUILDING AND THERE'S THE BLUEBERRY HILL ROAD.
AND BY VIRTUE OF THE FACT THAT THE PHASE OF THE STRUCTURE IS NOT SQUARED TO THE ROAD, THE FACT THAT WE'RE EXTENDING OUT THIS WAY PUTS, MAKES THAT NOT PERFORMANCE SLIGHTLY LARGER.
WE'RE GETTING A LITTLE BIT CLOSER TO THE ROAD, BUT THE FRONT PRINCIPAL BUILDING, AND THEN THE OTHER VARIANCES, THE SIDE YARD SETBACK, UH, TO THE PRINCIPAL BUILDING TO THE DRIVEWAY AND TO THE DECK IN THE REAR AND TO THE STAIRWAY AS WELL.
THAT IS ALL DRIVEN BY THE TAG THAT THE DRIVEWAY IS RIGHT ALONG THE, UH, PROPERTY LINE.
UH, WE HAVE APPEARED BEFORE THE PLANNING BOARD, UH, THEY HAVE GIVEN US A NEUTRAL RECOMMENDATION SIMILAR TO THE ENTERPRISE YOU HEARD EARLIER TONIGHT.
UM, WE HAVE ALSO APPLIED FOR A STEEP SLOPE PERMIT, WHICH I BELIEVE HAS BEEN GRANTED PENDING, UH, THE RESOLUTION OF THE PLANNING BOARD AND A ZONING BOARD, UH, OUTCOME TONIGHT.
AND THEN ALSO WE ARE IN PROCESS OF GOING TO A WETLAND PERMIT, UH, WITH THE TOWN, UH, BECAUSE THERE IS A LARGE POND ON THE PROPERTY.
UM, UH, SO AGAIN, THE PRESENCE OF THIS POND WOULD NECESSARILY DICTATE THAT ANY CONSTRUCTION WITHIN ON THE PARCEL AT ALL IS WITHIN THE BUFFER SUM OF THE POND.
THAT IS THE, UH, OVERVIEW OF THE PROJECT.
UM, ARE THERE ANY QUESTIONS AT THE FOREHEAD AT THIS TIME? I HAVE A, A COUPLE OF QUESTIONS.
BUT I'LL LIMIT LET OTHER PEOPLE SPEAK AS WELL.
UM, A GREAT DEAL OF YOUR REPORT, AND I, AND I HAVE READ THE ENTIRE THING, IS BASED ON THE FACT THAT, UM, THERE'S NO LAND
[01:45:01]
THAT WILL ABSORB WATER.IT'S BUILT ON BEDROCK OR VERY SHALLOW SOILS.
BUT EVERYWHERE THAT I'M READING THIS, THERE'S NO MENTION OF ANY SURVEY BEING DONE OR ANY TESTING BEING DONE, JUST ALL OF THESE ASSUMPTIONS MADE WITHOUT DOCUMENTATION.
SO I WAS WONDERING, DID I MISS THAT? UH, WE DID NOT PERSONALLY DO ANY SURVEYS, BUT I, I DON'T, UH, THINK THERE'S A NEED TO, I, I THINK IT'S EVIDENCE, UH, DUE TO THE ROCK OUT PROPERTIES AT THE SITE, THAT BEDROCK IS NEAR THE SURFACE.
UH, THERE IS NO BASEMENT OF THE CURRENT STRUCTURE THAT AS A STRUCTURAL ENGINEER BY TRADE, THAT TELLS YOU THAT THERE IS, THAT ROCK IS NEAR THE SURFACE OF THAT A A IF IT'S CONSTRUCTED ON A SLAB.
AND THEN, UH, THE OTHER KEY PIECE OF EVIDENCE, UH, THAT WE GOT INTO WITH THE PLANNING BOARD IS A COUPLE YEARS AGO, THE, THERE WAS A SUBDIVISION FOR PROPOSED TO, CONSTRUCTED FOR THE
AND, UH, THEY RAN INTO THE SAME SITUATION, UH, THAT, THAT THEY WERE NOT ABLE TO CONSOLIDATE, UH, INFILTRATION TYPE SYSTEMS DUE TO THE FACT THAT PROCK WAS SO HOT.
AND I BELIEVE WHEN THEY DID, UH, THE SUBDIVISION, THAT WAS NEVER CONSTRUCTED TO MY KNOWLEDGE.
UH, BUT I BELIEVE WHEN THEY WERE IN THE PLANNING PROCESS, THEY DID, UH, DO SOME STUDIES THERE.
SO IN, IN OUR OPINION, IT IS A WELL DOCUMENTED FACT THAT BEDROCK IS POINT TO THE SURFACE AND THAT INFILTRATION TECHNIQUES WOULD NOT BE EFFECTIVE, UH, AT THIS SITE.
SO IT, IT, IT JUST, UM, YOU KNOW, IF I READ IT, YOU'RE, YOU'RE SAYING THAT FRENCH DRAINS, DRYWALL DRY WELLS ARE NOT FEASIBLE.
THAT THERE'S NO WAY TO DO FILTRATION OR RETENTION TECHNIQUES.
AND THAT YOUR ANSWER FOR SIGNIFICANTLY INCREASING THE AMOUNT OF IMPERVIOUS COVERAGE IS TO ENCOURAGE OVERLAND SHEET FLOW TO THE POND.
AND YOU'RE BASING THAT, FROM WHAT I CAN UNDERSTAND, AND JUST HELP ME IF I'M WRONG, THAT YOU'RE TAKING A, WHAT IS WATER COMING DOWN A SLOPE? IT WILL THEN BE ON A FLAT DRIVEWAY, WHICH YOU THEN THINK WILL ENCOURAGE IT TO GO DOWNHILL AGAIN, UM, INTO THE POND.
AND THERE'S NO CONSIDERATION THAT IT MAY FLOW DOWN THE DRIVEWAY AND INTO THE STREET FLOODING THE STREET.
UM, MA MA'AM, I DON'T THINK THAT'S AN ACCURATE, UH, CHARACTERIZATION OF THE SITUATION.
FIRSTLY, WE'RE NOT, WE'RE NOT INCREASING THE IMPERVIOUS SURFACE BY QUITE A BIT.
IT GOES FROM 7% TO 11%, IF I RECALL.
IT'S, UM, IT, YOU'RE LEAVING ON, NO, IT'S, IT'S MORE THAN THAT.
YOU'RE DOUBLING, YOU'RE DOUBLING, YOU'RE, YOU'RE DECREASING THE, UH, SETBACK BY A HALF ON THE FRONT ON, YOU'RE DECREASING IT, UM, SIGNIFICANTLY MORE THAN THAT ON THE, UH, YOU'RE ONLY LEAVING 12.64% ON THE SIDE.
MA MA'AM, YOU SAID THE IMPERVIOUS SURFACE YOU WERE TALKING ABOUT NOT, NOT THE SETBACK DISTANCE.
ARE WE TALKING ABOUT THE SAME PARAMETER? WELL, WHAT ARE YOU SETTING IT BACK WITH? ISN'T, ARE YOU PUTTING SOMETHING THAT'S IMPERVIOUS DOWN? AREN'T YOU BUILDING A GARAGE? AREN'T YOU PAVING A DRIVEWAY? YEAH, ALSO, BUT, BUT YOUR QUESTION WAS PERTAINING TO THE AMOUNT OF IMPERVIOUS COVER THAT IS INCREASING FROM 7% TO 11%.
A 4% INCREASE IN PURCHASE COVER IS NOT SIGNIFICANT.
BUT, UH, WE ARE MITIGATING IT.
WE HAVE SINCE, UH, RETAINED A, UH, LANDSCAPE ARCHITECT.
AND TO ANSWER YOUR, YOUR, TO ADDRESS YOUR CONCERNS, WE HAVE PREPARED A PLAN, UH, GIVEN A CONTRARY TO THE SITE, IT IS NOT FEASIBLE AT ALL.
I MEAN, THE, THE SITE IS DOWNHILL OF THE STREET.
THE STREET IS AT A HIGHER ELEVATION.
IT IS IMPOSSIBLE FOR WATER TO ROLL OFF THE DRIVEWAY INTO THE STREET.
UH, WHAT WE ARE GOING TO DO IS WE ARE GOING TO INSTALL, INSTALL SOME RAIN GARDENS AND AREA DOWN HERE TO COLLECT, RUN OFF COMING OFF OF THE NEW GARAGE.
AND WE ARE GOING TO HAVE A CHANNELIZING FLOW, THE RAIN GARDEN ON THIS SIDE.
SIR, SIR, SIR, COULD YOU HOLD ON A SECOND, MICHAEL? WHAT'S THE QUESTION? HE HAS TO SLOW DOWN.
YEAH, I CAN'T UNDER, I CAN BARELY UNDERSTAND HIM EITHER.
SO, UH, WHAT WE HAVE HERE, THE ROUTE IS AT A MUCH HIGHER ELEVATION THAN THE PROPERTY.
SO WATER COMING DOWN THE DRIVEWAY CANNOT BACKFLOW INTO THE STREET, SO YOU'RE NOT GONNA FLOOD THE STREET.
WHAT WE ARE DOING IS WE HAVE RETAINED A LANDSCAPE ARCHITECT, UH, AND WE'RE LOOKING AT INSTALLING RAIN GARDENS IN THIS AREA HERE AND IN THIS AREA HERE.
THE RAIN GARDEN UP IN THIS AREA WOULD, UH, COLLECT FLOW COMING OFF THE NEW GARAGE AREA AND WOULD
[01:50:01]
MITIGATE THAT FLOW.UH, THE RAIN GARDEN HERE WOULD, THIS DRIVEWAY IS SLOPE TO THIS RAIN GARDEN HERE.
AND WE WOULD BE COLLECTING STORM WATER IN THIS LOCATION, WHICH WOULD MITIGATE ANY EFFECT.
UH, THE WATER WOULD THEN SLOW SLOWLY DOWNGRADING TO THE LARGE POND HERE, AND WE'RE GOING TO PUT PLANTINGS ALONG THE BUFFER AREA UP AND RESTORE THE RIPARIAN BUFFER AREA OF THE POND.
NOW THE RAIN GARDENS, COULD YOU, DO THEY HAVE FRENCH DRAIN? THEY DON'T HAVE FRENCH DRAINS UNDERNEATH THEM.
'CAUSE YOU'RE SAYING IT'S BEDROCK, THERE'S NO SOIL FOR THEM.
WE'RE NOT ABLE TO PUT A FRENCH STRAIN UNDER THEM.
BUT AGAIN, WE ARE ABLE TO COLLECT PROBABLY SIX INCHES OF RUNOFF AND EACH RAIN GARDEN, UH, WHICH WOULD DETAIN IT DURING A LARGE STORM.
UH, AND, UH, SLOWLY RELEASE THE WATER AS AND AS IT WAS FILTERED BACK OUT THROUGH THESE PLANTINGS THAT WE'RE PUTTING BACK IN TOWARDS THE POND.
AGAIN, THE PRIMARY ISSUE FOR US HERE IS WE'RE APPEARING BEFORE THE BOARD BECAUSE OF THIS VARIANCE.
CREATED BY THE EXISTING DRIVEWAY.
UM, WE DO REGARD THIS TO BE A SAFETY CONDITION, UH, THE STEEPNESS OF THE DRIVEWAY, PARTICULARLY IN WINTER.
UH, AND JUST TO HAVE A, A SAFE SPOT TO LOAD IT ON.
MOST BEAUTIFUL DOWN HERE, WHERE THEY'RE OUT OF THE WEATHER.
AND, AND, AND THAT'S THE NATURE OF THE VARIANCE HERE.
UH, WE DO, AGAIN, WE ARE DO HAVE A SLIGHT INCREASE IN THE IMPERVIOUS AREA DUE TO THE INSTALLATION OF THE DRIVEWAY AND THE VET END ROUTE.
UH, WE HAVE HOWEVER MITIGATED THAT INCREASE AND WE ARE WORKING WITH ENGINEERING, UH, TO, UH, GET THAT APPROVED IN OUR WEAPON AND WATER FORCE.
WHAT I CAN BARELY, I DON'T KNOW WHAT HE'S SAYING AT ALL.
CAN YOU TAKE HIS HEADPHONES OFF? I CAN'T UNDERSTAND 90% OF WHAT HE'S SAYING.
CAN YOU HEAR MY MICROPHONE? IT'S FINE.
ANY OTHER QUESTIONS FROM THE BOARD? OH, YES, I GOT ONE.
JUST VERY QUICKLY, UM, I'M GONNA SHIFT GEARS JUST A LITTLE BIT.
I WISH WE HAD COPIES OF THAT IN OUR, THE ORIGINAL SUBMISSION.
'CAUSE NOW THAT YOU'VE EXPLAINED IT WITH WHAT YOU HAVE PUT UP, IT'S HELPED TREMENDOUSLY.
UH, SO YOU'RE PLANNING ON BUILDING THIS EXTENSION RIGHT TO THE PROPERTY LINE WITH A BREEZEWAY AND A ASSUMING TWO CAR GARAGE? UH, I BELIEVE, YES, SIR.
I BELIEVE TWO CAR, TWO CAR GARAGE.
IS, UH, THE PROPERTY LINE IS ABOUT WHERE MY CURSOR IS RIGHT HERE.
I BELIEVE WIDTH REQUESTING OF THE, THE WIDTH.
THE WIDTH OF THE BREEZEWAY IS HOW, HOW MUCH? OH, THE WIDTH OF THE BREEZEWAY.
I DON'T KNOW OFF THE TOP OF MY HEAD.
I WOULD ESTIMATE ABOUT 10 FEET.
SO THAT'S 10 FEET FEET, EIGHT TO 10 FEET, JUDGING BY THE SCALE OF THE DRIVER.
AND THEN ROUGHLY, WE'RE LOOKING AT A 20 FOOT WIDE DRIVEWAY WITH A TWO CAR GARAGE.
THE GARAGE, MORE OR LESS IS JUST INSIDE THE, UH, NEW DRIVEWAY HERE.
THIS IS A GOOD VIEW OF IT RIGHT HERE.
SO HERE'S THE DRIVEWAY ALONG THE PROPERTY LINE AND THE GARAGE IS GOING TO BE ABOUT THREE FOOT TWO INSIDE THE PROPERTY LINE.
SO THE NON-CONFORMING, CONFORMING DRIVEWAY AS IS, IS 20 FEET WIDE, I'M ASSUMING, BASED ON WHAT YOU'RE SAYING.
PLUS WE'RE GONNA HAVE, THEY PARKED TWO CARS IN IT.
UH, HERE'S A PHOTO OF IT HERE.
AND WHAT, I THINK THIS IS A GOOD ILLUSTRATION OF IT, SIR.
OKAY, SO THE CAR TO THE FAR RIGHT, WE'RE GONNA TAKE THAT AS 10 FOOT, ROUGHLY.
AND NOW WE'RE GONNA EXTEND ANOTHER 20 FEET TO THE LEFT OF THAT CAR CLOSEST TO THE HOME.
I'M JUST TRYING TO GET A VISUAL AS TO WHAT YOU'RE ASKING US TO APPROVE HERE.
UH, WE'RE TRYING TO APPROVE A GARAGE THAT WOULD COME OUT SOMEWHERE NEAR WHERE THE RED CAR IS, RIGHT? CORRECT.
SO WHERE THE CAR IS CLOSEST TO THE HOME, THAT'S WHERE THE BREEZEWAY WOULD GO, WHICH IS ROUGHLY 10 FEET.
AND THEN ANOTHER 20 FEET FROM THAT UP TO THE PROPERTY LINE, IS WHAT YOU'RE ASKING US APPROXIMATELY? YES.
SO THE, SO THE DRIVEWAY'S GONNA BE LIKE FIVE CAR LENGTHS WIDE? NO, NO, NO, NO, NO, NO.
JUST IF YOU LOOK AT THE PHOTOGRAPH, IF WE ENLARGE THAT AGAIN, WHERE THE CAR IS TO THE FAR RIGHT.
SHOULD BE ABOUT, IF THAT WAS A DRIVE, A GARAGE THAT'D BE 10 FEET THEN TO THE RED CAR IS 20 FEET.
SO THAT'S A TOTAL OF 30 FEET FROM THE HOME TO THE PROPERTY LINE IS WHAT THEY'RE ASKING FOR.
SO THEY DON'T HAVE APPROVAL FOR THE GARAGE AS IS OR THE DRIVEWAY? NO, NO.
THAT'S WHAT THE, THE FRONT, CORRECT.
[01:55:05]
YOU SAY THAT THE SITE IS A CRITICAL ENVIRONMENTAL AREA BY THE DEC AND THAT IF YOU USE THEIR MAPPING TOOL, IT DOES NOT AFFECT POPULATIONS OR ENDANGERED SPECIES.I'M, I'M SURE I WOULD ASSUME THAT THE CRITICAL ENVIRONMENTAL AREA INCLUDES MORE THAN THOSE TWO PARAMETERS.
UH, THE CRITICAL ENVIRONMENTAL AREA IS ANY HILLTOP IN THE TOWN OF GREENBURG OVER THE ELEVATION OF 400 FEET HAS BEEN DESIGNATED A CRITICAL ENVIRONMENTAL AREA.
UM, I NOTICED THAT THAT FLAG CAME UP WHEN I DID THE INITIAL SEARCH AND I PUT THAT ON MY INITIAL APPLICATION, UH, TO THE TOWN, UH, AT, AT WHICH POINT I WAS INFORMED THAT, UH, YOU KNOW, UH, 'CAUSE WE DID FILL OUT THE SHORT FORM EAF AND, UH, THE TOWN DID NOT SEEM OVERLY CONCERNED ABOUT IT AT THAT POINT.
SO THE OTHER TWO THINGS THAT WE LOOK FOR, WHEN YOU DO, OF COURSE YOU'RE AWARE OF THE DEC DATABASE.
UH, WE DID THE SEARCH FOR ENDANGERED SPECIES AND THREATENED SPECIES AND, UH, NOTHING, UH, NO RED FLAGS CAME UP THERE.
I DON'T THINK ANY OF US WERE WORRIED ABOUT THOUGHT THAT THAT WAS GONNA BE A BIG ISSUE FOR YOU.
NO, BUT, AND I MEAN, I, I'M JUST WONDERING WHAT OTHER ISSUES, AGAIN, MY CONCERN IS, AND, AND IT SEEMS TO BE SOMETHING THAT'S COME UP A LOT TONIGHT, IS FLOODING AND WATER.
IT JUST SEEMS TO BE THE BIG ISSUE OF THE EVENING.
SO I, I'M WONDERING, UM, IF YOU'RE ON A HILLTOP, WHAT ARE SOME OF THE IMPACTS OF WATER? AND THAT I, I DON'T FEEL HAVE REALLY BEEN DISCUSSED EXCEPT TO SAY WE CAN'T DO ANYTHING ABOUT THEM.
SO I, I'M CONCERNED, AND I SEE YOU'RE DOING A LOT OF TREES AND SHRUBS AND STUFF LIKE THAT, YOU KNOW, YOU'VE GOT FIVE TO 7, 9 11 TREES GROWING UP.
UM, AND I GUESS YOU ALSO HAVE A PARAGRAPH HERE THAT, THAT WAS CONFUSING.
YOU'RE SAYING THE TOTAL SQUARE AIR SQUARE FEET OF THE LOT IS 61,500 APPROXIMATELY.
THEN YOU'RE SAYING NEGLECTING THE SURFACE AREA OF THE POND AND EXISTING STRUCTURES, NEARLY 80% OF THE REMAINDER LOT IS ON A SLOPE OF THAT.
SO I I, I'M UNCLEAR OF THE SQUARE FOOTAGE AREA WE'RE TALKING ABOUT.
THAT IS WHAT IS FLOWING DOWN OF, OF, OF THIS 27,000, CLOSE TO 28,000.
I GUESS YOU'RE SAYING 8,000, LESS THAN 8,000 IS ON A STEEP SLOPE.
AND, AND WHERE IS THAT ON THE SITE? AND THAT'S NOT A GREAT, FOR ME, THAT'S NOT A GREAT ONE TO LOOK AT, ONLY BECAUSE THERE ARE SO MANY ELECTRICAL LINES OR WHATEVER IT IS.
THERE ARE ALSO OTHER, LET, LET'S LOOK AT THIS ONE.
THIS ONLY SHOWS ABOUT HALF OF THE SITE.
IS THIS A BETTER PICTURE? IT AT LEAST? YEAH, WE CAN SEE WHAT'S WHAT, WHAT THINGS ARE, WHAT THE LINES ARE.
THE, LEMME GRAB A, A, A TOOL HERE.
SEE IF I CAN GET THE RIGHT TOOL.
THE LOT COMES SOMETHING LIKE THIS.
IT IS MUCH BIGGER THAN SHOWING ON THIS PICTURE.
SO ABOUT HALF OF THE LOT IS A POND.
NOW WHAT YOU HAVE HERE IS YOU HAVE TWO SLOPES.
YOU HAVE A RELATIVELY STEEP SLOPE COMING FROM BLUEBERRY HILL ROAD DOWN TO THIS ELEVATION RIGHT HERE, WHERE THE CURRENT HOUSE IS LOCATED.
THIS IS THE BUILDABLE PORTION OF THE LOTOF.
WHEN YOU COME DOWN OUT OF THE HOUSE, THERE'S ANOTHER SHALLOWER SLOPE THAT DRIFTS OFF TOWARDS THE POND HERE.
SO WHAT WE'RE PROPOSING TO DO IS TO EXTEND ON THIS, CALL IT, FOR LACK OF A BETTER TERM, A BENCH.
WE'RE, WE'RE LOOKING TO BUILD NORTHWARD ALONG THE BENCH IN THIS AREA HERE.
UH, I THINK THEY'RE OKAY WITH, I THINK THEY'RE OKAY WITH WHAT THEY'RE PROPOSING IN TERMS OF THE WATER.
'CAUSE THE PROPERTY DOES SLOPE BACK TOWARDS THE POND.
'CAUSE IT'S, IT LOOKS LIKE ALMOST 40% OF THE LAND AREA THAT'S NOT POND IS BEING BUILT ON.
UH, WELL, NO, THERE'S PLANTINGS THAT ARE THERE OR, OR, OR IS PAVED?
[02:00:01]
NO, NO.EVERYTHING IN THE FRONT TO THE, TO THE LOWER PART OF THAT PHOTOGRAPH IS JUST ALL LANDSCAPING OTHER THAN LITTLE TRELLIS.
BUT, BUT THE, THE PLAY LAWN THAT'S THERE, PLAY LAWN IN THE BACK TREES.
IS THAT THE PARKING COURT? THE TWO DRIVEWAYS? THE, WELL, THE PARKING CART IS TO THE, TO THE TOP PORTION.
THIS IS THE PROPOSED DRIVEWAY TO GIVE THEM A BETTER APPROACH.
AND, UH, BECAUSE IT'S DIFFICULT TO MAKE THIS TURN RIGHT HERE.
YEAH, THIS WOULD'VE BEEN HELPFUL.
ANY OTHER QUESTIONS? BECAUSE THEY DIDN'T NEED A VARIANCE FOR IMPERVIOUS SURFACE, I THINK DO NOT, RIGHT? NO, SIR.
AND HOW ABOUT FAR? ARE WE OKAY WITH THAT? YES, SIR.
WHAT? FAR? UH, I CAN PULL THE NUMBERS UP FOR YOU IF YOU BODY NO, IT'S OKAY.
THEY SHOULD BE IN THE SUBMITTAL PACKAGE ANYWAY.
IT'S, UH, SIR, TO ANSWER YOUR QUESTION, I WAS ABLE TO JUST PULL IT UP.
THE FAR, HERE'S YOUR FAR NUMBER RIGHT HERE.
0 5 1 OUTTA THE PERMITTED 0.154.
ANY OTHER QUESTIONS FROM THE BOARD? APPARENTLY NOT.
I WANNA SEE IF THERE'S ANYONE IN THE PUBLIC.
DOES NOT LOOK, APPEAR THAT WAY.
IF ANYONE'S ON ZOOM, YOU WANNA SPEAK? NO SPEAKERS.
SO WE WILL BACK UP TO WHERE WE STARTED FROM DALE GREENHOUSES 23, 21 AND 2322 SALE INDUSTRIES.
DAVID STEINMETZ FROM THE LAW FIRM OF ZAIN AND STEINMETZ HERE REPRESENTING FAIL INDUSTRIES.
I'M JOINED BY MY CLIENTS GLENN ANA AND JEFF MANGANELLO.
MAY I PROCEED, MADAM CHAIR? YES.
UM, AS I THINK, UM, THE BOARD IS AWARE, YOUR HONOR, UH, YOU TASKED US WHEN WE LAST MET, UH, WITH YOU, UH, WITH, UH, WORKING, UH, COOPERATIVELY AND CONSTRUCTIVELY WITH THE TOWN TO SEE IF WE COULD FORMULATE PROPOSED CONDITIONS FOR THE SPECIAL USE PERMIT.
UM, I'M PLEASED TO TELL YOU THAT OUR TEAM, UM, UH, ACTIVELY PURSUED THE TOWN FOR A PERIOD OF TIME AND THEN WAS ABLE TO GET THE TOWN TO ENGAGE.
WE DID, UM, RECEIVE MATERIALS FROM THEM ABOUT TWO WEEKS AFTER YOUR MEETING.
UH, WE IMMEDIATELY JUMPED ON THAT INFORMATION AND, UH, WE'RE WORKING WITH TOWN STAFF.
WE EDITED, WE REVISED, WE WENT BACK AND FORTH.
AND, UM, AS I, UH, BELIEVE KIRA SENT YOU EARLIER, UH, BOTH YESTERDAY AND TODAY, WE DID SUPPLY YOU WITH, UM, A RATHER COMPREHENSIVE LIST OF CONDITIONS THAT ARE DESIGNED TO ADDRESS THE CONCERNS THAT HAVE BEEN RAISED BY YOUR BOARD AND BY TOWN STAFF.
UM, WE ALSO THIS MORNING, UM, AFTER RECEIVING ADDITIONAL COMMENTS FROM THE TOWN, PROVIDED YOU WITH A PROPOSED SITE PLAN WITH DETAILS ON TERMS OF LOCATIONS OF PILES AND MATERIALS.
A SPECIFIC NOTE, UH, TYING OUR OPERATION TO THE MHA REGULATIONS AS WELL AS A CROSS SECTION, AN ENGINEERED CROSS SECTION SPECIFICALLY DESIGNED TO ADDRESS PILES, PILE SIZES AND ANGLES AS OUR ENGINEER, UM, DISPLAYED.
UH, WE WERE, UM, WAITING TO HEAR BACK FROM THE TOWN, UM, ON OUR MOST RECENT, UM, SUBMISSION.
[02:05:01]
AND UNFORTUNATELY, UH, WE RECEIVED AN EMAIL FROM, UH, TOWN ATTORNEY DANKO, UH, JUST A, PROBABLY ABOUT TWO HOURS AGO.UM, I'M SURE YOU'RE, YOU, YOU ARE ALL AWARE OF IT.
I THINK YOU WERE COPIED INDICATING THAT THE TOWN, UM, BASED UPON SOME CONFLICTS IN SCHEDULE AND, UM, STAFF SHORTAGES AND I'M, AND I'M, I MEAN, NO, I'M, I HAVE NO DESIRE TO DISPARAGE AND THAT THAT IS LITERALLY, I BELIEVE THE QUOTE FROM THE EMAIL, UM, WERE UNABLE TO FINALIZE THEIR REVIEW AND THEIR COUNTER, UM, PROPOSALS OR CONDITIONS.
I WANNA START BY SAYING, MR. DANKO, UM, COMMISSIONER DUQUESNE, UM, HAVE BEEN RESPONSIVE.
I CONSIDER BOTH OF THEM TO BE FRIENDLY, ADVERSARIES AND FRIENDS.
HAVING SAID THAT, I'LL NOW TAKE A SLIGHTLY DIFFERENT POSITION.
I'M EXTRAORDINARILY DISAPPOINTED THAT I'M STANDING HERE THIS EVENING.
UM, AND THE TOWN IS BASICALLY SAYING, LOOK, THE GOVERNMENT TRIED TO SHUT YOU DOWN.
THE GOVERNMENT IS TRYING TO REIGN IN A BUSINESS THAT HAS SAFELY, THOROUGHLY, PRODUCTIVELY, UH, OPERATED IN THIS TOWN FOR 26 YEARS WITHOUT INTERACTION AND DIFFICULTY.
AND THE TOWN JUST DOESN'T HAVE THE TIME TO GET THIS THING DONE AGAIN.
I MEAN, NO DISRESPECT TO THE COMMISSIONER, I MEAN, NO DISRESPECT TO THE TOWN ATTORNEY, IT'S JUST NOT ACCEPTABLE.
WE HAVE PROVIDED YOU WITH A RATHER COMPREHENSIVE LIST OF CONDITIONS, THINGS THAT NEVER EXISTED BEFORE FOR THE 21 YEARS THAT WE'VE HAD A SPECIAL PERMIT ISSUED BY YOUR BOARD.
YOU NOW HAVE A SITE PLAN, YOU HAVE CONDITIONS, WE ARE READY TO GO.
WE ARE ASKING YOUR BOARD THIS EVENING TO VOTE ON THE ISSUANCE OF THE SPECIAL USE PERMIT.
THERE IS NO REASON NOT TO DO SO.
WE'VE ADDRESSED SAFETY, WE'VE ADDRESSED QUANTITY, WE'VE ADDRESSED THE OPERATION, WE'VE ADDRESSED THE ASPHALT, WE'VE ADDRESSED, UH, THE STORM WATER, WE'VE ADDRESSED THE HOURS OF OPERATION.
I I'M SURE THERE'S SOME OTHERS, BUT I'M TRYING TO BE AS EFFICIENT AS I CAN.
WE'RE HAPPY TONIGHT, MADAM CHAIR, TO ANSWER ANY QUESTION YOU'VE GOT.
WE BELIEVE WE'VE DONE WHAT YOU'VE ASKED OF US.
AND I SAT HERE A MONTH AGO AND YOU TASKED THE TOWN WITH DEALING WITH THIS.
IT TOOK TWO WEEKS TO GET ANYTHING FROM THEM.
AND HERE WE ARE TWO WEEKS LATER AFTER TRYING THE BACK AND FORTH AND THEY'RE NOT DONE.
WELL, IF THEY DIDN'T FINISH THEIR HOMEWORK, IT'S TOO LATE TO HAND IT IN.
I CAN SAY SOMETHING ON THE MIC, PLEASE.
UM, GLENN ANA, THE PRESIDENT OF FAIL INDUSTRIES.
WE, UM, HAVE BEEN OPERATING ON THE SITE FOR 26 YEARS.
AND I DON'T WANT TO SAY THAT WE'RE A LITTLE BIT LIKE HEBREW NATIONAL.
WE ANSWER TO A HIGHER AUTHORITY.
PEOPLE DIE IN OUR INDUSTRY, RIGHT? SO IT IS REALLY IMPERATIVE THAT WE OPERATE THE SAFEST OPERATION OUT THERE.
WE HAVE A FANTASTIC WORKMAN'S COMP MOD.
WE HAVE NOT HAD A LOST TIME ACCIDENT AT ANY OF OUR FACILITIES IN FIVE YEARS.
WE ARE AN ESSENTIAL INDUSTRY THAT'S OUT THERE THAT IS, UH, UH, RECYCLING TWO-THIRDS OF ALL THE EXCAVATED MATERIALS IN WESTCHESTER COUNTY BECAUSE WE'VE BEEN SHUT DOWN AND HAVE, ARE NOT ALLOWED TO TAKE.
ASPHALT TOWNS ARE DUMPING ASPHALT ILLEGALLY RIGHT NOW.
EVERY ASPECT THAT YOU HAVE BEEN BROUGHT UP IS REGULATED BY AN OUTSIDE AGENCY.
THE OUR PILES WHEN YOU READ IT, WE ARE REGULATED BY SSHA.
IT'S VERY HARD TO PUT DOWN ANGLES OF REPOSE BECAUSE YOU HAVE TO BE TRAINED TO SEE IF A STOCKPILE IS SAFE.
I BRING PEOPLE DOWN EVERY MONTH UNANNOUNCED THAT DO SSHA INSPECTIONS AND THEY WRITE IT UP AND WE HAVE SAFETY REVIEWS.
SO WE'RE REGULATED BY SSHA, WE'RE REGULATED BY OSHA.
WE ARE REGULATED BY THE DEC WITH OUR STORMWATER PERMIT.
THE TOWN HAS A STORMWATER PERMIT, AN MS FOUR PERMIT.
YOUR PERMIT DOES NOT REQUIRE YOU TO REGULATE US BECAUSE WE ARE REGULATED BY THE DEC.
YOU ARE REQUIRED TO REGULATE CONSTRUCTION SITES.
YOU'RE REQUIRED TO REGULATE OUTFALLS.
WE ARE RE REGULATED BY THE DEC.
WE'LL SUBMIT EVERYTHING WE SEND TO THE DEC TO YOU GUYS.
YOU'RE HAPPY TO MAKE YOUR COMMENTS.
WE ARE REGULATED BY THE, UH, SOLID WASTE COMMISSION.
WE ARE REGULATED BY THE DEC WITH OUR AIR PER, WE ARE REGULATED BY THE, THE COUNTY FOR AIR PERMITS.
SO EVERY ASPECT THAT YOU HAVE CONCERNS IN WE'RE HIGHLY REGULATED.
THAT'S WHY YOU HAVEN'T HEARD FROM US IN 26 YEARS.
'CAUSE WE HAVE TO OPERATE THAT WAY SO THAT WE CAN RUN A TOP CLASS OPERATION.
I WOULD REALLY ASK YOU TO PLEASE, IF YOU HAVE ANY QUESTIONS, ANYTHING THAT WOULD PREVENT YOU FROM VOTING Y TONIGHT, I ASK YOU TO PLEASE ASK ME.
BUT I WOULD PLEASE ASK YOU TO VOTE.
WE HAVE NOTHING FURTHER AFFIRMATIVE TO PRESENT.
YOU'VE RECEIVED IT IN WRITING, BUT
[02:10:01]
AS, UH, GLEN JUST SAID, YOU HAVE QUESTIONS, YOU WANNA UNDERSTAND WHY WE DRAFTED CONDITIONS THE WAY WE DID OR WHY OUR ENGINEER F FORMULATED THE SITE PLAN AND THE NOTES AND THE CROSS SECTION.WE'RE HAPPY TO ANSWER ALL OF THAT.
WELL, I, FOR ONE, DON'T HAVE THE EXPERTISE TO KNOW
JOSEPH DANKO, MADAM CHAIR, MEMBERS OF THE BOARD, THANK YOU FOR HAVING ME HERE TONIGHT.
UH, I RESPECTFULLY REQUEST THAT YOU DO NOT MAKE A DETERMINATION HERE TONIGHT.
UH, I DO AGREE WITH MR. STEINMETZ THAT THE TOWN STAFF AND, UH, THA REPRESENTATIVES DID COME TOGETHER OVER THE PAST MONTH.
UH, I DISAGREE THAT THEY HAD TO COME LOOKING FOR US FOR THE FIRST TWO WEEKS.
WE WERE DOING SOME ADDITIONAL RESEARCH.
AND WHILE WE HAVE HAD, UM, HELPFUL DISCUSSIONS, AND WHILE WE HAVE AGREED ON SEVERAL CONDITIONS THAT SHOULD BE ADDED TO THE SPECIAL PERMIT, THERE ARE SOME ITEMS THAT WE BELIEVE NEEDED TO, UM, BE INCLUDED THAT WERE NOT.
I EXPECTED, AND I THINK IT WAS A LITTLE AMBITIOUS, AND I KIND OF PUT IT ON THE RECORD LAST TIME.
I THOUGHT 30 DAYS WAS A TIGHT PERIOD BASED ON STAFFING AND SOME HOLIDAYS.
AND UNFORTUNATELY WE HAD SEVERAL PEOPLE, INCLUDING MYSELF BEING SICK ALONG THAT TIME AS WELL, WHICH WAS A FURTHER DELAY.
UH, WE DID OUR BEST TO GET YOU OUR PROPOSED SET OF CONDITIONS TONIGHT, WHICH WOULD YOU WOULD HAVE SEEN MATCH SEVERAL OF THE ITEMS THEY HAVE IN THEIR CONDITIONS AS WELL.
UNFORTUNATELY, UH, THAT WAS NOT POSSIBLE.
UH, I WOULD ASK THAT YOU ADJOURN THIS UNTIL NEXT MONTH.
THAT WAS NOT THE GOAL OF THE TOWN.
WE WANTED THIS RESOLVED TONIGHT AS WELL.
EITHER WAY, WHATEVER THE DECISION WAS OF THE BOARD, WE WANTED TO JUST PUT THIS TO BED AND HAVE A NEW SPECIAL PERMIT MOVING FORWARD.
UH, I DO JUST WANT TO POINT OUT THAT AGAIN, WE DID NOT JUST GO IN AND SHUT THE SITE DOWN.
WE ISSUED A NOTICE OF VIOLATION, I BELIEVE IT WAS IN JULY AT THIS POINT.
THERE WAS A 30 DAY PERIOD TO CURE THOSE DEFECTS.
WE RECEIVED NO CORRESPONDENCE FROM THE APPLICANT AT THAT TIME.
THE 30 DAYS ELAPSED AND THEN THE STOP WORK ORDER AND NON-RENEWAL WAS PUT INTO EFFECT.
THIS WAS NOT THE TOWN JUST SHOWING UP AND SHUTTING A BUSINESS DOWN AFTERWARDS.
THERE WAS AN APPEAL ON THAT STOP WORK ORDER, WHICH THEY HAD EVERY RIGHT TO FILE.
THE BUILDING INSPECTOR COULD HAVE ISSUED A DETERMINATION THAT THERE WAS AN IMMEDIATE PERIL, UH, AND THEN THE SITE WOULD HAVE BEEN SHUT DOWN UPON REVIEW.
AND WE DECIDED TO LET THE SPECIAL PERMIT PROCESS TAKE ITS PLACE AND HOLD OFF ON REQUESTING AN IMMEDIATE DECISION ON THE STOP WORK ORDER.
AND THAT'S WHY THEY'VE BEEN RUNNING CONCURRENTLY OVER THE PAST FEW MONTHS.
UH, I BELIEVE THAT WITH SOME ADDITIONAL TIME, THE TOWN WOULD BE ABLE TO PROVIDE A LIST OF CONDITIONS.
AGAIN, LIKE I SAID, THAT THERE WOULD BE MANY CONDITIONS THAT WE DO AGREE WITH THE APPLICANT, BUT THERE ARE SOME THAT WE BELIEVE WILL NEED A FURTHER REVIEW FROM THE BOARD AND A DETERMINATION BY YOUR BOARD.
SO I WOULD RESPECTFULLY REQUEST AN ADJOURNMENT AND I'M AVAILABLE TO TAKE ANY QUESTIONS.
SO GIVEN THE FACT THAT WE STILL HAVE THIS HOLIDAY PERIOD BLOOMING LARGE AT THIS POINT, UM, HOW MUCH TIME DO YOU THINK SAID IS NECESSARY? I THINK HE SAID THE NEXT MEETING.
I'M NOT SURE WHEN YOUR NEXT MEETING IS EXACTLY.
I HAVEN'T LOOKED AT THE AGENDA, BUT I IT'S JANUARY 18TH.
YES, WE, WE WILL DEFINITELY HAVE INFORMATION OUT TO THE BOARD BEFORE THAT AND MAYBE FURTHER DISCUSSIONS AS WELL IF THE ADJOURNMENT IS GRANTED.
SO I UNDERSTAND THAT YOU WOULD HAVE YOUR INFORMATION OUT, BUT WHEN YOU TALK ABOUT FURTHER DISCUSSIONS, WHAT IS, DO YOU HAVE ANY EXPECTATION OF THE EXTENT OF THOSE DISCUSSIONS THAT WOULD PERHAPS PUSH IT BEYOND THE NEXT MEETING? NO, I DON'T.
WE'VE GONE BACK SEVERAL TIMES BACK AND FORTH ALREADY AND WE'VE, UH, BOTH MADE SOME CONCESSIONS TO COME TO A MIDDLE GROUND.
I BELIEVE THAT A MONTH IS MORE THAN ENOUGH THAT WE WOULD KNOW EXACTLY WHAT BOTH SIDES COULD LIVE WITH AND I DON'T THINK THERE'D BE
[02:15:01]
A FURTHER NEED FOR DISCUSSION.BUT WE WOULD HAVE THE ABILITY TO HAVE, UH, TO PROPOSE CONDITIONS BEFORE YOU, BEFORE THE MEETING.
AND I, I BELIEVE YOUR RULES STATE 10 DAYS IN ADVANCE OF THE MEETING.
UM, SO THAT WOULD BE THE ULTIMATE GOAL.
I WOULD LIKE TO ALSO REMIND THE BOARD THAT WE SAW THE REVISED SITE PLAN, I BELIEVE IT WAS THIS MORNING.
SO WE WERE REVIEWING THAT AS WELL THROUGHOUT THE DAY AND WE WOULD JUST SEEK SOME ADDITIONAL TIME.
ANY OTHER CONCERNS THAT THE BOARD HAS? YES.
THE SUPPOSED TACTIC OF PUTTING THE DECISION AT THE FEET OF THE BOARD KNOWING FULL WELL THAT WE'RE NOT THE PROFESSIONALS HERE.
UH, IT'S THE TOWN STAFF THAT HAVE TO TELL US THAT THEY'VE COME TO AN AGREEMENT WITH YOU.
THAT THE COMPROMISES AND THE CONDITIONS THAT ARE SET ARE TO BOTH PARTIES.
SO TELLING US THAT YOU'RE PREPARED FOR US TO MAKE A DECISION ON YOUR BEHALF TONIGHT, I THINK WAS FOR WHAT PURPOSE? JUST TO PUT ON RECORD THAT YOU ARE PREPARED.
SO, UM, I I I'M, AND TO MAKE THE TOWN LOOK AS IF THEY AREN'T NOT AT, NOT AT ALL.
IN FACT, LET'S TOGETHER GO BACK IN TIME TO THE MEETING THAT WE CONDUCTED IN THE CONFERENCE ROOM THE FIRST NIGHT.
WE HAD SUBSTANTIVE DISCUSSIONS ABOUT THIS MATTER.
YOU MAY RECALL THAT MR. ANA AND I ELICITED FROM THE TOWN AT THAT POINT, THAT THEY WERE QUOTE, EXCUSE ME, FROM THE TOWN STAFF AT THAT POINT, THAT THEY WERE NOT THE POLICY MAKERS IN CONNECTION WITH THIS.
UM, MR. CRITCHLOW, IT TOOK US TWO TO THREE MONTHS TO GET THE TOWN STAFF TO REALIZE THEY ACTUALLY NEEDED TO HELP YOUR BOARD.
I WAS QUITE WELL AWARE FROM DAY ONE.
NEVER DEALT WITH ANYTHING LIKE THIS, QUITE FRANKLY.
JURISDICTIONALLY, I'VE TRIED TO EXPLAIN AND NOT LECTURE THE TOWN ATTORNEY, BUT EXPLAIN TO THE TOWN ATTORNEY THAT UNDER SUMMIT SCHOOL V NUGENT AND A LINE OF CASES, THERE'S A HOST OF CASE LAW THAT SAYS MUNICIPALITIES ARE NOT TO REGULATE THE INTERNAL BUSINESS OPERATIONS UNDER THEIR ZONING POWER.
AND THAT'S KIND OF WHAT WE'VE BEEN DOING WITH THE TOWN STAFF.
SO I I BEG TO DIFFER RESPECTFULLY WITH YOU, IT ISN'T MY CLIENT THAT HAS PUT THIS IN FRONT OF YOUR BOARD.
IT IS THE TOWN BY REFUSING TO ISSUE THE PERMIT RENEWAL THAT IT'S BEEN ISSUING FOR 21 YEARS.
IT'S THE TOWN THAT CHOSE TO ATTEMPT TO SHUT DOWN THE OPERATION WITH THE STOP WORK ORDER AND FORCE THIS ISSUE IN SOME WAYS, AT THIS POINT IN TIME, I ACTUALLY DON'T THINK IT'S A TERRIBLE THING BECAUSE I THINK THE PERMIT THAT WAS ISSUED 21 YEARS AGO ACTUALLY CAN USE TO BE UPDATED.
IF YOU READ MY SUBMISSIONS, I ADMITTED THAT TO YOU.
I WASN'T INVOLVED IN THAT PERMIT 21 YEARS AGO.
I SUBMITTED A PERMIT, A DRAFT PERMIT IN SEPTEMBER.
I'VE SPENT THE LAST THREE MONTHS WORKING WITH YOUR PROFESSIONAL STAFF, ENCOURAGING THEM TO ENGAGE WITH US.
WE'VE LEARNED ONE THING I'VE LEARNED, THEY'RE NOT EXPERTS IN QUARRY UH, A VIRTUAL QUARRY REGULATION.
THEY, THEY'VE NEVER DONE THIS BEFORE.
I ACTUALLY DON'T KNOW WHETHER THEY HAVE THE POWER TO DO SOME OF THE THINGS THAT THEY'RE TRYING TO DO.
THAT'S WHY THERE'S THIS DISCONNECT ON DECEMBER 14TH, 2023.
THEY'RE NOT READY TONIGHT BECAUSE THEY DON'T KNOW WHAT TO DO WITH REGARD TO PILE HEIGHTS AND QUANTITY VOLUMETRIC ROCK PROCESSING.
OF COURSE THEY DON'T BECAUSE THE DEC DOES IT BECAUSE MSHA DOES IT.
THEY DON'T NEED TO BE THE THINGS WE'RE HUNG UP ON.
MR. STEIN AND MR. ANA SUBMITTED INTO YOUR RECORDS, PART OF THE ADMINISTRATIVE RECORD, A DRAFT PERMIT WITH 18 CONDITIONS, SITE PLAN CROSS SECTIONS.
WE BELIEVE MR. CRITCHLOW, YOUR BOARD HAS WHAT YOU NEED TO VOTE ON TO VOTE ON THIS.
THEY'RE THE ONES SAYING THEY'RE NOT READY.
WHERE ARE THEY NOT READY? THEY'RE NOT READY ON SOME THINGS THAT I DON'T KNOW THEY EVEN KNOW HOW TO REGULATE.
WHO ELSE IS HERE TONIGHT? MR. CRITCHLOW TOWN, TOWN BUILDING DEPARTMENT HERE? I, I'M, I'M MISSING IT IF THEY ARE TOWN ENGINEER HERE, YES, DA DA DA DAVID.
BOTH THE TOWN BUILDING DEPARTMENT AND THE TOWN ENGINEERING ARE ON ZOOM AND WE ARE LISTENING TO EVERYTHING YOU'RE SAYING.
I DIDN'T KNOW THAT, UM, THAT MR. DANKO DIDN'T INDICATE THAT, SO WE WERE NOT AWARE OF THAT.
[02:20:01]
JASON'S ON, WE'RE WE'RE, WE'RE READY TO, WE'RE READY TO TO TO DISCUSS WITH YOU WHATEVER NEEDS TO BE DISCUSSED.I'M, I'M JUST, I DON'T MEAN TO INTERRUPT.
UM, DID WE RECEIVE THOSE CONDITIONS? WE DID WHEN? A COUPLE DAYS AGO? YES.
THE FINAL VERSION THAT WE SUBMITTED IN RESPONSE.
BUT MY POINT IS IT'S JUST A COUPLE OF DAYS AGO, NO QUESTION.
WITH NOT REALLY ENOUGH TIME FOR ME TO REVIEW THEM AND FULLY UNDERSTAND WHAT IT IS THAT YOU'RE, UM, THAT YOU'RE COMING TO AN AGREEMENT WITH.
WELL, IT, IT SOUNDS TO ME, AND AND THIS IS IN THE SAME VEIN THAT YOU ARE ASKING US TO VOTE UP OR DOWN ON A DOCUMENT THAT YOU WERE PUT IN A MONTH OR TWO AGO, THAT DOES NOT INCLUDE THE CONDITIONS THAT BOTH YOU HAVE AGREED WITH THE TOWN ON AND HAVE NOT AGREED WITH THE TOWN ON.
AND NONE OF THOSE CONDITIONS ARE IN THE DOCUMENT THAT WE'RE BEING ASKED TO VOTE ON.
AM I ACCURATE IN THAT SENTENCE? NO, SHAUNA, THAT'S NOT ACTUALLY CORRECT.
UM, BECAUSE WAS YOUR, WAS YOUR PERMIT APPLICATION MODIFIED VIS-A-VIS THE THINGS THAT YOU DELIVERED TWO DAYS AGO? THE PERMIT APPLICATION DIDN'T NEED TO BE MODIFIED.
THE CONDITIONS IN CONNECTION AND RESPONSIVE TO THE PERMIT APPLICATION HAVE EVOLVED BASED UPON THE DISCUSSIONS WE'VE HAD WITH THE TOWN.
SO JUST SO, SO THE RECORD'S CLEAR IN LIGHT OF YOUR COMMENT BACK TO ME.
I WANT THE RECORD TO BE CLEAR.
SO IT, SO IT'S VOTING WITH CONDITIONS OR NOT WITH THE, YOU KNOW, IT'S THE CONDITIONS THAT WE MAY IMPOSE UPON IT.
THEY HAVE DRAFTED A SPECIAL PERMIT WITH A LIST OF CONDITIONS, RIGHT.
THAT WE WOULD VOTE THAT WE'VE HAD FOR TWO DAYS.
I MEAN, IN FAIRNESS, THAT, THAT, THAT IS, THAT'S ABSOLUTELY ACCURATE.
SO I WANT TO BE CLEAR, WE SUBMITTED AN ORIGINAL DRAFT, SPECIAL PERMIT AT THE OUTSET.
MR. QUIANA SUPPLEMENTED OR AMENDED THAT, AND WE SUBMITTED A SIMPLIFIED VERSION OF THAT AFTER OUR MEETING WITH YOUR BOARD.
AND OVER THE LAST TWO MONTHS, WE HAVE TAKEN THAT AND MADE IT FAR MORE COMPREHENSIVE IN RESPONSE TO THE CONDITIONS THAT WE RECEIVED FROM THE TOWN THAT WE'VE HAD BACK AND FORTH WITH THE TOWN.
WE WERE APPROACHING THIS MEETING, WE NEED TO GET THIS OPERATION UP AND GOING AT FULL, AT, AT FULL STRENGTH AND INTENSITY.
UM, AND WE SUBMITTED SOMETHING TO YOUR BOARD THAT WE DO THINK YOU COULD VOTE ON IF, IF YOUR BOARD DOESN'T FEEL READY TO DO SO, PLEASE UNDERSTAND.
THE LAST THING I THINK MR. QUIANA WANTS IS TO COME OFF AS BEING DIFFICULT IN FRONT OF THE TOWN.
WE HAVE REALLY TRIED TO BE EXTRAORDINARILY COOPERATIVE WITH YOUR TOWN STAFF, BUT YOU HAVE, BUT YOU, YOU, YOU YOURSELF HAVE SAID THIS IS VERY COMPLEX ISSUE.
IT'S, AND YOU'RE SAYING YOU WANT, WOULD LIKE US TO VOTE ON A DOCUMENT THAT ABOUT A COMPLEX ISSUE THAT HAS CHANGED MULTIPLE TIMES.
THE LAST VERSION OF WHICH WE GOT TWO DAYS AGO, TECHNICALLY YESTERDAY.
SO IF I CAN JUST SAY A COUPLE OF THINGS, IT IS COMPLICATED BECAUSE AS I SAID, WE TRADEMARK THIS, THAT WE ARE A VIRTUAL QUARRY.
IF THIS WERE A QUARRY, AS I OPERATE UP IN FISH GILL, THE TOWN'S NOT INVOLVED AT ALL BECAUSE IT'S HIGHLY SPECIALIZED.
THE ONLY DIFFERENCE BETWEEN FISH GILL AND HERE IS PEOPLE BRING US THE RAW INGREDIENTS.
OTHER THAN THAT, WE ARE A QUARRY, WHICH IS WHY I HOLD EVERYBODY TO SSHA REGULATIONS, WHICH ARE MORE STANDARD THAN OSHA REGULATIONS, WHICH IS WHY WE TREAT THIS LIKE A QUARRY SITE.
I BELIEVE WE ARE ONLY DOWN TO ONE OR TWO MINOR ISSUES.
IF I KNEW THE ISSUES, I'D LIKE TO RESOLVE THEM.
I THINK THE ISSUES ARE THE PILE HEIGHT AND SIZE AND ANGLES AND THE ANGLE OF REPOSE OF SIZE, WHICH AGAIN, I WENT TO THE EXPERTS AND WENT TO SSHA AND SAID, THIS IS WHAT IT IS.
YOU GUYS, THEY ARE NOT QUALIFIED TO TELL US WHAT A SAFE PILE IS IN OUR FISH GO FACILITY.
I HAVE EXCAVATORS 400 FEET ABOVE THE QUARRY FLOOR THAT OPERATE THERE EVERY DAY.
SSHA CERTIFIED, THEY COME IN THERE AND THEY INSPECT THAT SITE ALL THE TIME.
SO THERE'S PEOPLE THAT CAN MAKE SURE THAT WE ARE OPERATING SAFELY IF THAT'S AN ISSUE.
THE REASON I AM PUSHING FOR A VOTE IS THAT IT IS YEAR END.
AND IF I DON'T HAVE THIS VOTE, I HAVE TO PUT IN MY FINANCIALS THAT WE ARE OPERATING WITHOUT A PERMIT.
PUTS ME IN DEFAULT WITH MY BANKS.
I KNOW IT'S NOT THE TOWN ISSUE.
IT PUTS US IN A REALLY TOUGH POSITION.
AND I BELIEVE WE'VE TRIED, WE HAVE BEEN REALLY TRYING TO MEET WITH THE TOWN AS MUCH AS POSSIBLE.
I REALIZE THIS IS DIFFICULT FOR THEM.
GARRETT, I WOULD ASK WHAT THE ISSUES ARE.
WE HAVE THE ANGULAR REPOSE AND PILE SIZE.
I THINK EVERYTHING ELSE WE'RE OKAY.
AND I, I COULD SAY THAT, BUT LIZ, OR BRING IT ON IF
[02:25:01]
THERE'S SOMETHING ELSE.WELL, I WOULD HAVE TO SAY THAT, UM, MY UNDERSTANDING IS I'M IN AGREEMENT WITH YOU THAT YOU HAVE COME A LONG WAY AND AT THIS SPECIAL PERMIT IS FAR MORE SOPHISTICATED THAN IT WAS 20 SOMETHING YEARS AGO OR HOWEVER LONG IT WAS DEEP.
UM, BUT MY UNDERSTANDING IS THAT WE ARE CLOSE AND I DON'T KNOW IF I WERE TO, UH, BE ABLE TO COME TO AN, UH, AFFIRMATIVE VOTE WITHOUT HAVING TOWN STAFF SAY YES, WE ARE FULLY IN AGREEMENT WITH FAIL.
AND WE BELIEVE THAT OUR CONDITIONS THAT, THAT WE BOTH PARTIES AGREE TO IS WHAT IS BEST FOR FAIL AND THE TOWN WITHOUT THAT SUPPORTIVE, UM, DECISION FROM THE TOWN.
SO, MR. KSL, I WANT TO, I WANT, I I I FEEL YOUR PAIN.
UM, I HEAR WHAT YOU'RE SAYING AND LET ME, LET ME TRY TO SEE IF I CAN BRIDGE OUR GAP.
THE EMAIL THAT I RECEIVED FROM MR. DANKO TWO AND A HALF HOURS AGO NOW INDICATED IN FAIRNESS, AND I TOLD HIM I APPRECIATED IT, THAT THEY WEREN'T GOING TO BE READY.
UM, THAT, THAT THERE, THEY STILL NEEDED TO NAIL DOWN SOME OF THE CONDITIONS, STAFF SHORTAGES, ET CETERA.
UM, BUT THAT THEY WERE GOING TO PURSUE ONCE WE SIT DOWN ON THE PERMIT CASE NUMBER, THE STOP WORK ORDER.
SO LET'S JUST CALL THIS WHAT IT IS.
WE'RE DEALING WITH A SPECIAL USE PERMIT IN FRONT OF YOU, BUT THE TOWN IS STILL ITCHING TO GET A DETERMINATION ON THE STOP WORK ORDER.
I SUGGEST, I'M SORRY, MR. DENKO IS STANDING BEHIND YOU SHAKING THESE HEAD.
ALRIGHT, WELL LET, LET ME FINISH AND THEN I'M DELIGHT.
LET'S NOT DEAL WITH ASSUMPTIONS, SHALL WE? I DON'T THINK THAT'S A GOOD, THAT'S PRODUCTIVE FOR ANYONE.
SO I WANT TO, SO I DON'T WANNA PRESENT A SUGGESTION IF YOU ARE NOT PREPARED TO POTENTIALLY VOTE ON THE STOP WORK ORDER ON THE SPECIAL PERMIT TONIGHT, AND WE ARE OPERATING, WE ALL KNOW THIS FACILITY'S OPERATING THE TOWN SHOULD EITHER WITHDRAW ITS STOP WORK ORDER AND ELIMINATE THAT ISSUE ONCE AND FOR ALL.
AND BECAUSE WE'RE OPERATING OR SIMPLY AGREE TO THE ISSUANCE OF A TEMPORARY SPECIAL USE PERMIT SO THAT OUR FACILITY HAS A SPECIAL USE PERMIT.
AND WE'LL, WE'LL COME BACK IN JANUARY OR FEBRUARY WHENEVER THEY'RE READY AND WE WILL FINALIZE A MORE SOPHISTICATED DOCUMENT.
THERE'S NO REASON THAT MY CLIENT SHOULD NOT HAVE A PERMIT.
THEY'VE HAD A PERMIT FOR 21 YEARS IN THIS TOWN.
THEY'VE BEEN OPERATING FOR 26 YEARS IN THIS TOWN.
WE'VE EVEN BEEN OPERATING FOR THREE MONTHS AFTER THEY ATTEMPTED TO SHUT THE OPERATION DOWN.
SO, IN FAIRNESS, WE'VE DONE EVERYTHING I THINK THAT'S BEEN ASKED OF US, INCLUDING WRITING CONDITIONS, GIVING SPECIAL PERMITS, GIVING CROSS SECTIONS IF THEY'RE NOT READY FOR WHATEVER THE REASON IS.
AND YOU ARE NOT COMFORTABLE VOTING DESPITE MY CLIENT'S DESIRE THAT IT'S DECEMBER, MAYBE LET'S VOTE THEN AT LEAST LET US LEAVE HERE SO THAT HE DOESN'T END THE YEAR WITH NO SPECIAL PERMIT.
AND I, I CAN'T WAIT TO HEAR WHAT JOE'S GONNA SAY.
'CAUSE HE WROTE ME THAT HE WANTS AN ADJUDICATION OF THE STOP WORK ORDER.
SO, UM, MAYBE I MISREAD THE EMAIL DRIVING, LITERALLY DRIVING OVER HERE FROM MY, UH, FROM MY OFFICE HOLIDAY PARTY TO MAKE SURE I GOT HERE.
UH, BUT YOU KNOW, I, I'LL, I'LL, I'LL, I'LL, I'LL ANSWER.
I'M, I'M NOT REQUESTING A DECISION ON THE STOP WORK ORDER AND SPECIAL PERMIT RENEWAL TONIGHT.
I DIDN'T DO THAT THE MONTH BEFORE.
AND THE SPIRIT OF COOPERATION, I AM SUGGESTING THAT IF THE BOARD WISHES TO HOLD OVER THAT DETERMINATION UNTIL A SPECIAL PERMIT IS EVENTUALLY GRANTED THAT I AS TOWN ATTORNEY, UH, REPRESENTING THE BUILDING INSPECTOR WOULD LIKE A DETERMINATION FROM THE ZONING BOARD AT THAT POINT, MAKING A DETERMINATION IF THE BUILDING INSPECTOR'S ACTIONS BACK IN AUGUST WERE PROPER AND WHETHER HE HAD THE AUTHORITY TO ISSUE A STOP WORK ORDER BASED ON OUR CURRENT CODE.
I'M NOT ASKING FOR THAT DECISION TONIGHT SO THAT THE, THAT BAIL IS SHUT DOWN AND THEY'RE SHUT DOWN UNTIL A SPECIAL PERMIT IS DECIDED.
I'M ASKING FOR A CONCURRENT DETERMINATION AS WE CONTINUE TO WORK IN THE SPIRIT OF COOPERATION.
I, I WOULD JUST LIKE TO SAY THAT YOU, YOU BROUGHT UP THAT THERE ARE TWO ISSUES THAT ARE REALLY WHERE NON-AGREEMENT IS CONCERNED.
AND IT'S QUITE DISAPPOINTING TO YOU, BUT IT'S ALSO DISAPPOINTING TO US.
THAT THE ISSUE OF PILE HEIGHT IS STILL
[02:30:01]
SOMETHING THAT HASN'T BEEN RESOLVED.THAT WAS THE REASON THE STOP WORK ORDER WAS ISSUED, RIGHT? THAT WAS THE VIOLATION OF THE PERMIT.
AND THE FACT THAT THAT OF ALL THINGS HAS NOT BEEN RESOLVED AFTER ALL THIS TIME IS, IS, UH, DISHEARTENING IS PROBABLY THE BEST WORD I CAN USE AT THIS POINT.
UM, AND, AND VERY FRUSTRATING.
I'M SURE FROM YOUR POINT OF VIEW AS WELL AS OURS, MAY I RESPOND? YEAH.
AND THE TOWN DOES WISH TO HAVE A PILE HEIGHT RESTRICTION AND AN ANGLE OF PROPOSED RESTRICTION.
THAS CURRENT APPLICATION DOESN'T HAVE PARAMETERS ON EITHER ONE OF THOSE MEASURES, WHICH IS CONCERNING TO US.
AND I DON'T BELIEVE MR. BLAND WAS AT THE MEETING, THE PREVIOUS ONE, BUT RIGHT.
BUT THAT'S A QUESTION I WAS GONNA ASK YOU THOUGH.
IS, IS IT A MATERIAL QUE ISSUE IN TERMS OF JUST THAT, OR IS THERE SOMETHING ELSE THE BOARD IS LOOKING FOR? SO WE BELIEVE, AND I DIDN'T WANNA ASK YOU THAT.
I WAS ACTUALLY TRYING TO LOOK AT ED TO SEE IF HE COULD SPEAK TO YOU OFFLINE ABOUT IT, JUST SO THAT WE ARE CLEAR, BECAUSE AGAIN, NOW WE'RE BACK TO THE WHOLE ISSUE OF DISCUSSING WHETHER OR NOT THE BUILDING INSPECTOR'S DETERMINATION WAS ACCURATE.
I THOUGHT WE WERE MOVING AT THIS POINT TOWARDS WHETHER WE WERE ISSUING A SPECIAL USE PERMIT OR NOT.
BUT NOW IT SEEMS LIKE WE'RE TURNING THE CLOCK BACKWARDS TO RAISE THAT ISSUE AGAIN.
AND I DON'T KNOW WHERE, WHY THAT'S GERMANE NOW.
BECAUSE, BECAUSE WE'RE ASKING THAT IT'S A CONDITION AND SPECIAL PERMIT MOVING FORWARD.
SO MOVING FORWARD THAT A SPECIAL USE, THAT'S WHAT I'M SAYING.
SO THE BUILDING, IF WE DISAVOWED THE BUILDING INSPECTOR'S OPINION THAT THERE SHOULD OR SHOULD NOT HAVE BEEN A WORK ORDER, I MEAN A STOP WORK ORDER, HOW IS THAT IMPACTING WHETHER OR NOT WE'RE GOING FORWARD WITH A SPECIAL USE PERMIT? IT WOULD IMPACT BECAUSE IF YOU WERE TO DETERMINE THAT THE STOP WORK ORDER WAS NOT PROPER, WHICH I BELIEVE IS INCORRECT, UM, THEY WOULD CONTINUE TO OPERATE.
I THINK WE DID HAVE AN OPINION ON THAT BEFORE.
I I BELIEVE AT THE LAST, I BELIEVE AT THE LAST MEETING, I KNOW IT'S NOT AN OFFICIAL VOTE, BUT IT SEEMED LIKE THE BOARD WAS IN FAVOR OF EVENTUALLY DETERMINING THAT IT WAS PROPER.
SO IF IT WERE DETERMINED TONIGHT, THEN DALE WOULD BE SHUT DOWN IMMEDIATELY AND A SPECIAL PERMIT WOULD NOT BE IN PLACE.
SO I'M, WE'RE, WE'RE NOT REQUESTING THAT.
SO THEN THE QUESTION OKAY, GO AHEAD.
CAN I POINT OUT ONE MORE THING REAL QUICK? SORRY.
JUST TO ADDRESS YOUR CONCERN ABOUT ANGLES OR OPPOSED AND PILE HEIGHTS, IF YOU RECALL THE FIRST MEETING, MAYBE THE SECOND MEETING AS WELL, WE TALKED ABOUT CUBIC YARDAGE.
A LARGE PORTION OF THE MEETING.
WE HAVE AGREED THAT THAT'S NOT A GREAT DETERMINING FACTOR.
SO WE HAVE NOT DISCUSSED A CERTAIN AMOUNT OF CUBIC YARDS.
I THINK I WAS SAYING SQUARE FOOTAGE THAT FIRST MEETING OVER AND OVER AGAIN.
UM, SO, SO WE'VE MOVED BEYOND THAT.
SO ONE OF THE MAIN ISSUES WE HAVE RESOLVED AMONGST OURSELVES AND WE'RE TRYING TO GET TO THE NEXT PIECE, IT'S JUST THE TOWN WOULD LIKE SOME OF THOSE LIMITATIONS.
BUT AGAIN, SO THE QUESTION THAT I WAS GONNA ASK THEN, SO THE MORE OF WHAT THE TOWN WANTS TO DISCUSS IS MORE TECHNICAL OPERATIONAL ISSUES.
NOT THE FACT THAT THEY'RE OPERATING.
THE WAY I HAVE BEEN LOOKING AT THIS, AND I WOULD HAVE TO MAYBE RELY ON ED OR DO SOME CASE LAW RIGHT NOW, IS THAT SINCE THERE IS AN APPEAL ON THIS SPECIAL PERMIT AT THIS MOMENT, THAT THEY'RE ALLOWED TO OPERATE AS IF THEY HAVE A SPECIAL, A SPECIAL PERMIT ALREADY.
AND A TEMPORARY PERMIT IS NOT NECESSARY UNLESS YOU WERE TO DECIDE THAT THE, UH, PERMIT WAS NON-RENEWED AND THAT WAS A CORRECT DECISION.
SO I'M NOT SURE THAT'S ACTUALLY NECESSARY.
AND THE TOWN IS NOT SAYING THEY'RE OPERATING WITHOUT A PERMIT.
AND IF I CAN JUST SAY ONE, 'CAUSE AGAIN, I DON'T KNOW THE ISSUES THAT WE DON'T, WE DISAGREE ON.
ONE OF THE ISSUES THAT CAME UP IS THE ANGLE OF REPOSE.
JUST TO GIVE THE CONTEXT, I WAS THE ONE THAT BROUGHT UP ANGLE OF REPOSE BECAUSE THE BUILDING INSPECTOR STATED THE PILES ON THE SITE WERE OVER A HUNDRED FEET TALL.
AND IN HIS FOLLOW-UP INSPECTION, HE SAID IT WAS EVEN GREATER.
[02:35:01]
SHOWED THAT A HUNDRED FOOT TALL PILE WOULD COVER THE DRIVEWAY, WOULD COVER THE BIKE PATH, WOULD GO INTO BROOKFIELD'S YARD.IT IS IMPOSSIBLE TO HAVE A HUNDRED FOOT TALL PILE PILE ON THAT SITE BECAUSE OF THE NATURAL ANGLE OF REPOSE OF THE MATERIAL.
THIS IS NOT THE WORLD TRADE CENTER TWIN TOWERS FOR A HUNDRED FOOT HIGH PILE.
THAT PILE'S GONNA BE OUT 200 FEET.
SO THAT'S, THAT'S WHERE ANGLE OF REPOSE CAME IN.
AND THAT'S WHERE I HAVE TO SAY AM SSHA DOESN'T TALK ABOUT ANGLE OF REPOSE.
IS THE PILE SAFE? WE'VE OPERATED THERE FOR 26 YEARS WITH NO ACCIDENTS.
THAT'S THE REASON I BROUGHT UP AND, SORRY, JUST ONE, ONE QUICK THING.
'CAUSE I DON'T WANT, I, I DON'T WANT THE BOARD TO LEAVE TONIGHT THINKING WE'VE IGNORED HEIGHT AND, AND VOLUME AND, AND SAFETY.
GARRETT, I DON'T KNOW IF YOU, I I, I THOUGHT OUR ENGINEER WOULD BE ON, ARE YOU ABLE TO PUT ON SCREEN THE SITE PLAN AND THE, AND THE CROSS SECTION THAT WE JUST DELIVERED TO THE TOWN THIS MORNING AND THE BOARD MEMBERS MAY NOT HAVE SEEN IT? YEAH.
UM, THAT WAS, THAT WAS THE SECOND P THAT WAS THE SECOND PDF.
YEAH, I, I DO HAVE THOSE THINGS.
SO THE FIRST PDF THAT HE HAS IN FRONT OF YOU, JUST SO YOU, YOU KNOW, THAT THAT'S THE SITE PLAN.
AND THERE IS A NODE ON THE LEFT SIDE THAT TIES DIRECTLY INTO THE CODE OF FEDERAL REGULATIONS AND THE MINE SAFETY, UM, AND HEALTH ADMINISTRATION, THE MHA REGULATIONS, WE SPECIFIC, OUR ENGINEERS SPECIFICALLY TIED, UM, THE PILES INTO A NOTE IN THAT BOX IN WHITE RIGHT, RIGHT TO THE RIGHT OF THE LEGEND.
UH, THERE IS A CODE REFERENCE WHERE HE'S TYING INTO TRIMMING THE PILES IN ACCORDANCE WITH MSHA REGULATIONS.
IF YOU COULD GO TO THE SECOND PDF, YOU'LL SEE EXACTLY WHAT HE WAS TALKING ABOUT.
ONE THING, OKAY, JUST BEAR WITH ME OR JUST SO THAT YOU UNDERSTAND THAT CHANGE OF THAT LEGEND IS THE CHANGE THAT WAS DONE.
THE SITE PLAN'S BEEN THE SITE PLAN, BEEN THE SITE PLAN.
IT WAS JUST HOW WE WORDED WHAT PILES WERE WHERE.
AND THE, THE MSHA REGULATION, THAT'S ALL THAT CHANGED ON THE SITE PLAN ORIGINALLY.
CAN WE GO, CAN WE GO BACK TO THAT AGAIN? ABSOLUTELY.
THAT WAS THE LEGEND AT THE TOP LEFT.
THAT WAS A GOOD CLARIFICATION.
WE DID SUBMIT A SITE PLAN WITH MY ORIGINAL APPLICATION.
THAT'S, THIS IS THE CROSS SECTION.
BUT LET'S GO TO MR. CRITCHLOW QUESTION.
IF YOU CAN, IF YOU CAN ZOOM IN ON THE, UM, GO UP, DOWN THE LEDGE.
YOU WANT, YOU WANT THE BOX CORRECT.
THIS WAS THE CONCERN WE GOT WAS PLEASE LABEL THE SITE WITH WHAT MATERIALS GOING WHERE.
AND PLEASE REFERENCE THE PILES, UH, THE PILES HEIGHT.
AND THAT'S WHERE WE WENT DOWN THE BOTTOM.
NOTE, ALL STOCKPILES SHALL BE IN ACCORDANCE WITH SSHA SAFETY AND HEALTH ADMINISTRATION REGULATIONS, BLAH, BLAH, BLAH, BLAH, BLAH.
UM, THAT STOCKPILE AND MUCK PILE FACES SHALL BE TRIMMED TO PREVENT HAZARDS TO PERSONS.
THAT'S WHAT THE MHA REGULATION IS.
AND THAT'S WHY THEY COME OUT AND LOOK AND SAY, THIS IS SAFE.
THAT'S THE TRAINING THAT THE TOWN DOESN'T HAVE.
NOW LET'S GO TO THE, LET'S GO TO THE CROSS SECTION RIGHT THERE.
WHAT THAT IS, AND I TRIED TO POINT THIS OUT, HOPEFULLY SOME OF YOU, ALL OF YOU SAW THE EMAIL THAT I DID SEND TO KIRA THIS MORNING IN MY EMAIL, IN JUST THREE PARAGRAPHS.
I TRIED TO IDENTIFY WHAT OUR ENGINEER DID IS GIVE YOU TWO CROSS SECTIONS INTO THE PRIMARY PILE A, WHICH IS THE, THE BIG PILE OF THE LARGEST UNPROCESSED ROCK.
IT SHOWS YOU WHAT A TYPICAL PILE LOOKS LIKE GOING INTO AND UP AGAINST THE 50 FOOT TALL ROCK FACE THAT SITS ON THE WEST SIDE OF THE PROPERTY THAT WE IN EFFECT LEAN UP AGAINST.
UM, THAT IS OUR ABILITY TO DEMONSTRATE TO THE TOWN, THIS IS WHAT THE PILES LOOK LIKE.
THEY HAVE VARYING HEIGHT, THEY HAVE VARYING AREAS.
WE TOOK TWO CROSS SECTIONS INTO IT.
SO THIS GIVES THE TOWN A PRETTY GOOD IDEA OF WHAT THE PILES WILL LOOK LIKE WHEN THEY'RE ESSENTIALLY AT THEIR MAX CAPABILITY.
ONE OF THE THING, EVERY ONE OF YOU WHO HAS BEEN TO THE SITE KNOWS THIS SITE IS CONSTANTLY IN FLUXX.
THERE ARE TIMES THERE'S A LOT OF MATERIAL THERE.
THERE'S A TI THERE ARE TIMES THERE'S LESS MATERIAL.
IT'S A QUESTION OF HOW MUCH IS THE TOWN, HOW MUCH IS CON ED? HOW MUCH OF THE VILLAGES BRINGING TO THIS PROPERTY? THAT'S THE FLUCTUATION.
HOW QUICKLY IS IT BEING PROCESSED AND LEAVING THE SITE? SO OUR POSITION FOLKS, JUST SO YOU UNDERSTAND, WE, WE ACTUALLY THINK WE'VE ANSWERED THE TOWN BUILDING INSPECTOR, THE TOWN ENGINEER'S QUESTIONS.
WHAT ARE THE PILES TYPICALLY LOOK LIKE? GIVE US SOMETHING TO HAVE A BASELINE OF
[02:40:01]
UNDERSTANDING.WE'VE, WE'VE CITED THE ONLY REGULATION WE ARE AWARE OF, WHICH IS SSHA.
AND I DO TAKE THE POSITION, AND I'VE TRIED TO DO THIS RESPECTFULLY WITH JOE, I DON'T THINK YOUR ZONING ORDINANCE GIVES YOU THE POWER TO REGULATE THESE POWER, THESE HEIGHTS.
I I, YOU HAVE NO GUIDANCE TO DO THIS.
SO WE'RE, THAT'S WHY I SAID 20 MINUTES AGO, I DON'T THINK I'M THE ONE THAT'S MAKING YOU DO THAT.
I THINK IT'S THE TOWN THAT HAS BEEN UNWILLING TO ACCEPT THE CONDITION WE PRESENTED THREE MONTHS AGO.
MR. ANA SAID, DAVID DE, DESPITE THE FACT THAT YOU WENT IN THERE AND FILED FOR 50,000 CUBIC YARDS AND 50 FEET IN HEIGHT, IT ACTUALLY DOESN'T MAKE SENSE AFTER THAT ZONING BOARD MEETING.
AND HE, HE RESUBMITTED A MUCH MORE SIMPLIFIED VERSION THAT BASICALLY SAID, WE, WE'VE GOTTA KEEP THE SITE SAFE.
WE'VE GOTTA ENSURE ITS SAFETY TWO, THREE MONTHS LATER.
WE'VE TEASED THAT OUT TO A GREAT, GREAT EXTENT.
BUT IF YOU'RE LOOKING TO US TO TRY TO EDUCATE YOU ON, SHOULD IT BE 65 FEET, SHOULD IT BE 48 FEET, SHOULD IT BE 28,000 CUBIC YARDS, 70,000 CUBIC YARDS? THE SITE IS THE SITE.
WE KNOW WE HAVE TO OPERATE IT SAFELY.
THE DEC DOES NOT REQUIRE PILE HEIGHTS.
THE DEC DOES NOT RE REQUIRE ANGLES OF REPOSE.
THAT'S WHY WE HAVEN'T BEEN ABLE TO AGREE WITH THE TOWN ON THAT SPECIFIC ISSUE.
CAN I RESPOND AGAIN? WE SAW THAT SITE PLAN TODAY FOR THE FIRST TIME, AND THEY JUST POINTED OUT SOMETHING THAT I HADN'T EVEN NOTICED BEFORE IN THE TOP LEFT HAND LEDGER.
AND WE, WE HAVE NOT HAD A DISCUSSION AMONGST STAFF THROUGHOUT THE DAY.
I THINK THAT JUST GOES TO SHOW AGAIN, WHY THIS SHOULD BE ADJOURNED AND WHY THIS MAY BE ABLE TO BE DECIDED BEFORE THE NEXT MEETING.
I LOOK, UM, I DON'T WANT TO DO TOO MUCH BACK AND FORTH, BUT I, I HAVE TO RESPOND TO MY FRIEND JOE.
I WROTE AN EMAIL WHERE I QUOTED AND I POINTED THE THING OUT.
'CAUSE I WANTED TO MAKE SURE THAT JOE, JASON, RICH, FRANK, LIZ, ALL NEW CLEAR AS DAY.
THEY'RE THE ONES, WE HAD A ZOOM LAST WEEK AND THEY, AND WE, WE ARGUED SSHA AND THEY SAID, WELL THEN PUT SSHA ON THE PLANS.
SO JOE, WE PUT SSHA ON THE PLANS.
UM, SO THAT, THAT SHOULD NOT BE A SURPRISE.
BUT BECAUSE I DIDN'T WANT ANYONE, I WAS REALLY WORRIED ABOUT YOU ALL.
I WROTE AN EMAIL WHERE I MADE IT VERY CLEAR, WE QUOTED SSHA ON THE PLANS.
'CAUSE AS, AS GLEN JUST SAID, THAT WAS ONE OF THE MAIN CHANGES TO THE SITE PLAN OVER THE LAST THREE MONTHS.
AND WHETHER OR NOT THEY EXAMINED IT, I, I CAN'T SPEAK TO AGAIN, GLENN, I, I DON'T KNOW THE BOARD.
THE BOARD IS, IS, IS NOT EXCITED ABOUT HAVING TO VOTE ON THIS TONIGHT.
UM, I TRIED TO GIVE YOU A SUGGESTION OF, OF SOME KIND OF COMPROMISE.
IF WE HAVE TO COME BACK, YOU ALL KNOW WE'LL BE BACK.
I KNOW YOU'RE GETTING TIRED OF US.
UM, WE'RE TRYING, WE'RE TRYING.
WE'RE REALLY, REALLY TRYING TO, TO WORK THROUGH THIS.
I I'M, I'M GONNA, I'M GONNA END BY SAYING WHAT I, WHAT I SAID AT THE BEGINNING.
COMMISSIONER DUQUESNE AND MR. DANKO, THEY HAVE BEEN A PLEASURE, ALBEIT SOMEWHAT FRUSTRATING TO WORK WITH.
UM, SO, UM, WE WANT TO GET THIS OVER WITH.
I WANT, I WANT HIM TO GO BACK TO WORK.
I, I WANT, YOU KNOW WHAT, I DON'T WANT THE TOWN OF GREENBURG DRIVING AROUND WITH ITS ASPHALT, NOT KNOWING WHERE THE HELL TO GO.
WAS THAT A PUN?
YOU KNOW WHAT, HONESTLY, STOP RIGHT THERE.
I'M USUALLY PRETTY GOOD WITH THE PUNS.
I AND I, AND ALL PUNS INTENDED WOULD'VE COME.
SO I APPRECIATE YOU NAILING ME ON THAT.
UM, IN ALL FAIRNESS, IN ALL SERIOUSNESS, I'M THE ONE WHO TOLD YOU TWO MEETINGS AGO THAT WE HAD THIS MEETING.
WE TALKED ABOUT HOW THEY DIDN'T WANT ASPHALT, AND THEN THEY SHOWED UP WITH A TRUCK FULL OF ASPHALT AT OUR PROPERTY AFTER THAT.
UM, THIS, THIS WHOLE THING IS BECOMING A LITTLE SILLY BECAUSE ALL OF YOUR VILLAGES INSIDE OF YOUR TOWN, INCLUDING YOUR TOWN, ARE LOOKING FOR A PLACE TO BRING THEIR ASPHALT.
GO LOOK FOR A PLACE TO DUMP THE ASPHALT.
MY CLIENT, WHO'S AN EXPERT IN THIS, IS TELLING ME IT'S BEING DUMPED ILLEGALLY THROUGHOUT THE COUNTY.
WE'VE BEEN TRYING, UM, WE SPENT, WE SPENT TWO WEEKS TRYING TO EXPLAIN TO THEM THAT ALL ASPHALT IS NOT CONTAMINATED.
I DON'T THINK THE ASPHALT IN EVERY PARKING LOT IN THE TOWN OF GREENBURG IS DEEMED CONTAMINATED.
ASPHALT WATER DRAINS THROUGH IT.
SO IN ANY EVENT, UM, THERE IS A DEGREE OF FRUSTRATION.
WE WANT TO GET TO THE END OF THIS.
UH, WE'RE ALL EARS ON HOW YOU WANT TO, HOW YOU WANT TO PROCEED.
I DON'T WANNA OVERSTAY MY WELCOME.
I I COULDN'T AGREE WITH YOU MORE.
UM, THE LEVEL OF FRUSTRATION IS PRETTY HIGH HERE ON THE BOARD AS WELL.
UM, LAST MONTH I THOUGHT THAT I WAS BEING FORCEFUL.
[02:45:02]
AND SO I'M, I'M NOT GOING TO BE AS FORCEFUL, BUT I HAVE TO ADMIT THAT I AM DISAPPOINTED THAT WE AREN'T AT A DECISION THIS MONTH.BUT I FEEL THAT WE'RE CLOSE FROM WHAT I'M HEARING.
CORRECT? I WAS GONNA SAY THE SAME THING.
I MEAN, I THINK WE ALL WANT TO GRANT YOU A SPECIAL PERMIT THAT WORKS FOR SALE AND THAT IS BLESSED BY THE TOWN.
UM, BUT WITH REGARDS TO YOU, YOU KNOW, I DON'T KNOW THE LEGAL ISSUES WITH THE SPECIAL PERMIT IN TERMS OF WHAT YOU SAID ABOUT YOUR FINANCING AND, AND ALL OF THAT.
I WOULD, I WOULD WANNA SEE SOMETHING SO THAT DIDN'T HAPPEN.
IN OTHER WORDS, WHETHER OR NOT, I MEAN, I WOULD WANT IT TO BE CLEAR THAT YOU HAVE SOME KIND OF PERMIT IN PLACE TO RUN THE FACILITY.
I'M NOT SURE IF ED IS ABLE TO COMMENT ON THAT.
LIKE I SAID, I DID NOT THINK THERE NEEDED TO BE A TEMPORARY SPECIAL PERMIT BECAUSE THEY HAVE, HAVE RIGHTFULLY APPEALED THAT DETERMINATION AND THEY'RE ABLE TO OPERATE IN THE MEANTIME.
SO I DIDN'T, I DIDN'T FEEL THAT THAT WAS NECESSARY AND THAT THEY CAN CONTINUE TO OPERATE AT THIS POINT.
AND THEN WE CAN CONTINUE TO DISCUSS THE SPECIAL PERMIT.
UM, RESPECTFULLY, I WILL WITHDRAW MY, UM, STRENUOUS OBJECTION TO DELAYING THIS TO THE JANUARY MEETING.
YOU ALL GET TO SEE US AFTER THE NEW YEAR AGAIN.
WE, UM, WE WILL CONTINUE TO WORK COOPERATIVELY WITH THE TOWN.
THE ONLY THING THAT I WOULD ASK YOU TO CONSIDER MAYBE SENDING A MESSAGE TO YOUR STAFF IS IF YOUR STAFF DOESN'T HAVE THE EXPERTISE, LET ALONE THE AUTHORITY TO BE REGULATING SOME OF THIS, MAYBE THEY SHOULDN'T BE TRYING TO DO.
SO MAYBE THEY ULTIMATELY WILL GET SOME ADVICE FROM MR. LIEBERMAN ON THAT.
UM, AS WELL, I, I HAVE STATED THE POSITION OF MR. DANKO.
I HAVEN'T REALLY ARGUED THIS TO MR. LIEBERMAN.
I AM CONCERNED, AND I'M SORRY, I WANNA REPEAT IT ABOUT USING ZONING TO REGULATE INTERNAL BUSINESS OPERATIONS.
I'M, ONE OF THE FIRST THINGS I LEARNED WHEN I ULTIMATELY BEGAN TO CONCENTRATE IN ZONING IS THAT ZONING IS IN DEROGATION OF COMMON LAW PROPERTY RIGHTS.
THAT MEANS THE GOVERNMENT HAS TO BE REALLY CAREFUL WHEN IT TELLS ANY OF US BUSINESSES, HOMEOWNERS, WHAT THEY CAN AND CANNOT DO ON THEIR REAL ESTATE.
SO IF IN FACT, THE GOVERNMENT DOESN'T HAVE PROVISIONS IN ITS OWN CODE ABOUT HOW AND WHAT TO DO, MAYBE IT SHOULDN'T BE DOING IT.
IT SHOULD RELY ON THE STATE AND THE FEDERAL GOVERNMENT WHERE THEY, WHERE THEY HAVE THAT POWER.
WE WILL, WE WILL WITHDRAW OUR OBJECTION TO, AND, AND, AND REQUEST THAT YOU VOTE TONIGHT.
I DON'T WANT YOU, WE, MY CLIENT DOESN'T WANT YOU TO VOTE THIS EVENING.
I'M, BUT WE ARE LEAVING WITH THE RECORD, I THINK CLEARLY INDICATING THAT THE TOWN ATTORNEY HAS INDICATED IN EFFECT, WE STILL HAVE A SPECIAL PERMIT.
NOBODY'S CLAIMING WE'RE OPERATING UNLAWFULLY.
THERE'S STILL A TECHNICAL ISSUE ON THE OTHER MATTER THAT MR. DANKO WANTS ADJUDICATED.
THAT HE HAS, THAT HIS BUILDING DEPARTMENT HAS THE POWER TO ISSUE STOP WORK ORDERS.
AS YOU ALL KNOW, THAT'S NOT MY LEGAL ISSUE.
THAT WAS MY CO-COUNSEL, MR. ZETA'S ISSUE.
UM, I'M HOPING YOU NEVER HAVE TO ADJUDICATE THAT UNLESS HE INSISTS UPON IT.
I JUST WANNA LEAVE WITH A SPECIAL PERMIT AT THE END OF THIS.
I THINK WE'RE GETTING AS I THINK YOU CAN.
I WOULD, I WOULD JUST LIKE, I WOULD JUST LIKE TO SAY SOMETHING.
UM, YOU, WE HAVE ALL AGREED THAT THE PEOPLE IN WHO WORK FOR THE TOWN ARE NOT INNATELY EXPERTS IN THIS.
AND I THINK GIVING THEM THE TIME TO DO THEIR DUE DILIGENCE AND THEIR RESEARCH IS NOT UNREASONABLE AND SHOULD NOT BE SOMETHING FOR WHICH THEY APPEAR TO BE PENALIZED.
AND I UNDERSTAND YOUR POINT OF VIEW OF WHAT ZONING IS AND SHOULD, AND SHOULD NOT BE, BUT PLEASE DON'T FORGET YOU'RE ASKING US TO GIVE YOU AN EXEMPTION TO THE ZONING.
AND WE ARE HERE TO RESPECTFULLY FOLLOW AND IMPLEMENT THE ZONING THAT IT IS HARD FOUGHT TO GET.
IT IS NOT EASY TO GET A ZONING RULE PASSED.
AND WE NEED TO BE INCREDIBLY JUDICIOUS WHEN WE VIOLATE AND GIVE VARIANCES TO THOSE ZONING RULES THAT WERE SO HARD FOUGHT TO PUT IN.
WE'RE NOT ASKING FOR VARIANCES.
ESPECIALLY USED PERMITS, WHATEVER IT IS, THEY'RE EXEMPTIONS TO THE ZONING.
AND I, I WOULD CAUTION AGAINST PHRASING IT DIFFERENTLY, AND I, IF I COULD JUST REPLY TO DAVID'S COMMENTS ABOUT THE TOWN, UM, TRYING TO
[02:50:01]
ISSUE, UH, CONDITIONS THAT RELATE TO BUSINESS MATTERS.AND I, I'M CONFIDENT THAT YOU WILL SEE ONLY CONDITIONS FROM THE TOWN THAT RELATE TO LAND USE, UH, REGULATIONS AND THAT DO NOT, UH, UNLAWFULLY GO INTO ANY BUSINESS ACTIVITY.
AND, UM, THE NEXT HEARING IS JANUARY 18TH.
DO YOU THINK WE MIGHT BE ABLE TO GET SOMETHING TO SEE BEFORE THE 15TH? YES.
SO THAT WE, THE BOARD CAN GET AN OPPORTUNITY TO REVIEW IT AND AS LONG AS YOU FULL UNDERSTANDING WENT JANUARY 15TH, NOT DECEMBER
THERE IS A SPEAKER ON THE ZOOM THAT WISHES TO, TO, TO, OKAY.
WE HAVE SOMEONE ELSE, BUT YES, THE ANSWER'S YES.
THANK YOU FOR GIVING ME THIS OPPORTUNITY TO SPEAK.
UM, I TRIED TO SPEAK AT THE LAST MEETING.
I WASN'T ALLOWED BECAUSE, UH, THE BOARD ADJOURNED IT, UH, TO ACCOMMODATE BAIL.
UM, AND WHO IS FOR YEARS I HAVE ASKED.
UH, MA'AM, CAN YOU PLEASE STATE YOUR NAME? OH, SORRY.
FOR YEARS I ASKED TO, YOU KNOW, FOR HELP AND GUIDANCE REGARDING THE FACILITY NEXT TO PETS ALIVE WESTCHESTER, NOW KNOWN AS PAUSE CROSS DOWN STREET.
I VOLUNTEERED THERE ON WEEKENDS MANY YEARS AGO.
I NEVER UNDERSTOOD HOW THE BUSINESS NEXT DOOR TO THE SHELTER WAS ALLOWED TO BREAK ROCK, BRING IN DIRT AND BLACKTOP MATERIALS ALL DAY EVERY DAY.
IT ALWAYS SEEMED LIKE SOMETHING THAT SHOULD BE OPERATING IN A MORE REMOTE PART OF THE COUNTY.
'CAUSE IS IN THE MIDDLE OF THE SAWMILL RIVER, THE SAWMILL RIVER PARKWAY, UH, 2 87 ROUTE NINE, AND THE COUNTY, UM, UH, BIKE TRAIL.
AND YOU REALLY DON'T HAVE TO BE AN EXPERT TO SEE THAT THE SITE IS DANGEROUS.
I HAD HUGE ISSUES WITH MANY ASPECTS OF THIS FACILITY WHILE WALKING THE DOGS OVER HOURS, WE WOULD BE BREATHING IN STONE DUST WHILE WALKING THROUGH OIL FILMED DIRT, HAVING MASON'S EXCAVATION AND CONSTRUCTION IN MY FAMILY.
AND THEN THE DISTINCT RISK OF PNEUMOCONIOSIS, WHICH IS AN INTERSTITIAL LUNG DISEASE THAT RESULTS IN TUMORS AND FIBROSIS TO THE LUNGS.
AND ALSO THE POSSIBILITY OF CANCER SUCH AS MESOTHELIOMA.
IT IS THE RESULT OF CONSISTENT BREATHING IN OF DIFFERENT TYPES OF DUST, ESPECIALLY FROM STONE AND SILICA.
THERE WERE ALSO THE JERSEY BLOCKS THAT WOULD ALLOW THE SMALLER STONES TO COME THROUGH ONTO THE ROADWAY.
ALL THE DOGS HAD TO WALK OVER THIS BECAUSE THE ROAD WASN'T WIDE ENOUGH FOR CARS TO COME THROUGH AS WE WERE WALKING IN BOTH DIRECTIONS.
AS IT IS THE ONLY WAY IN AND OUT OF THE SHELTER, WE HAD NO CHOICE TO GIVE THE DOGS THE FREEDOM THEY NEEDED AFTER SO MANY HOURS IN THEIR KENNELS.
THERE WERE TIMES I WOULD GET SPLASHED WITH MUDDY WATER AS DRIVERS CAME IN AND OUT DRIVING OVER THE HUGE POTHOLES.
MY NOW DECEASED FIANCE ALSO VOLUNTEERED AFTER HE RETIRED FROM THE NYPD.
IT GAVE HIM PURPOSE BECAUSE SO MANY DETECTIVES HAVE A DIFFICULT TIME TRANSITIONING BACK INTO CIVILIAN LIFE.
IT HELPED FIGHT HIS DEPRESSION.
THE DAMAGE THAT HE SUSTAINED TO HIS CAR FROM THE POTHOLES CAUSED HIM TO STOP THIS REWARDING ACTIVITY THAT TRULY HELPED HIS MENTAL STATUS.
ONE OF THE DOGS THAT I CONSTANTLY WALKED WAS JEANIE, A PITBULL MIX.
SHE WAS A LEGACY DOG THAT WAS THERE FOR SEVEN YEARS.
I HAD HER FOR FOUR UNTIL SHE PASSED.
SHE GOT MASKED CELL CANCER AND REQUIRED THREE DIFFERENT SURGERIES.
I STILL HAVE COPIES OF HER PATHOLOGY.
I ALWAYS FELT SHE GOT CANCER BECAUSE OF THE TOXINS NEXT DOOR TO THE SHELTER.
I ALSO FELT CERTAIN THAT THE DAMAGE CAUSED TO THE BUILDING, YOU KNOW, THAT BUILDING WAS CLOSED FOR MANY YEARS, WAS DUE TO THE ROCK BREAKING, DUMPING AND SLAMMING OF BLACKTOP TO BREAK IT UP.
THERE WERE HUGE FAULT LINES THAT RAN UP THE WALLS OF THE SIDE OF THE SHELTER CLOSEST TO THE FACILITY.
I REMEMBER SAYING BEFORE THEY CLOSED, WHY IS NO ONE PURSUING THE DISTINCT POSSIBILITY THAT THE ROCK BREAKING NEXT DOOR CAUSED THIS DAMAGE THAT WAS SUSTAINED TO THE, THE SHELTER.
IN FACT, THE ELEVATION OF THE PILES CONTINUED TO GROW, ALMOST DOUBLE THE HEIGHT OF THE SHELTER.
AND ALONG THAT SAME VEIN, DOES ANYONE ON THIS BOARD, REMEMBER BACK IN THE NINETIES WHEN BLASTING ON THAT SITE, CATAPULTED ROCKS ONTO NEIGHBORING PROPERTIES, BREAKING WINDOWS AND LANDING ON ROUTE NINE A? WAS THERE NEVER A CONVERSATION THAT PERHAPS THIS WAS AN UNSAFE FACILITY IN THIS DENSELY OCCUPIED AREA? MR. STEINMAN SPOKE TONIGHT ABOUT HOW SAFE IT IS.
DOES HE NOT REMEMBER THOSE BUILDINGS THAT WERE DAMAGED? MANY ARE NEGATIVE, NEGATIVELY IMPACTED BY THE CONTINUED ENLARGEMENT OF THIS PROPERTY.
IT WAS MUCH SMALLER YEARS AGO AND SEEMS TO HAVE ENCROACHED IN ALL DIRECTIONS.
I HAVE ALSO WITNESSED DUMPING OF TRUCKS AT THE FACILITY.
WHO'S MONITORING THAT ENVIRONMENTAL IMPACT? IF I FOILED FOR SOIL SAMPLES OF SEEPAGE
[02:55:01]
INTO THE STREAM, HOW MANY WOULD I RECEIVE? HOW VESTED IS THE TOWN OF GREENBURG INTO MAINTAINING THE HEALTH OF SHELTER WORKERS, VOLUNTEERS, AND ALL THE DOGS AND CATS? ARE THERE DOCUMENTS FOR THIS FACILITY TO SHOW THAT THERE ARE NO CONTAMINANTS AT THE SITE FROM EITHER THE STATE OR THE TOWN? AFTER THE SHELTER REOPENED, I WOULD STILL DONATE ITEMS MONTHLY.I WOULD BRING THINGS SUCH AS MILK, BONES, TOWELS, BLEACH, BLANKETS, AND YOU KNOW, SEVERAL CRATES.
I WOULD ALWAYS LOOK ON THEIR WISHLIST AND PURCHASE WHAT THEY REQUESTED AT SAM'S.
THAT STOPPED AFTER ONE DROP OFF ON A VERY RAINY DAY BACK IN 2018.
IT WAS A TORRENTIAL DOWNPOUR, BUT I HAD TWO BOXES FOR THE SHELTER FROM SAM'S.
I HIT ONE OF THE CRATERS THAT WAS NOT VISIBLE DUE TO THE MUD AND RAIN THAT ACCUMULATED IN THE HUGE POTHOLE THAT EVENING.
I HAD A FLAT THAT I COULD NOT MAKE IT HOME.
WHEN I GOT THE CAR, THE CAR TO MAVIS THE NEXT DAY, THEY SAID I COULDN'T JUST REPLACE THE ONE TIRE THAT THEY ALL HAD TO BE REPLACED.
SO DROPPING OFF THOSE ITEMS COST ME $700.
I CALLED GREENBERG MANY TIMES TO QUESTION THE FACILITY'S ABILITY TO OPERATE AND TO COMPLAIN ABOUT THE POTHOLES THAT WERE OBVIOUSLY CAUSED BY THE HUGE TRUCKS AND HEAVY LOADS ON THAT OLD ROAD.
NOTHING EVER SEEMED TO BE DONE UNTIL NOW.
I WAS SO HAPPY WHEN I SAW TO SEE THAT THIS WAS ACTUALLY BEING FOLLOWED BY THE TOWN.
AND NOW HOPEFUL THAT WITH THIS TYPE OF DISCUSSION, THE SHELTER AND THE DOGS WILL HAVE THE BOARD TO THANK FOR ITS ANTICIPATED NECESSARY PROTECTION.
AS ANIMAL LOVERS, WE ALWAYS HAVE TO BE THE VOICE OF THE VOICELESS.
AND SOME OF THE THINGS THAT CAME UP TONIGHT, YOU KNOW, HOW MUCH TAX REVENUE DOES THE TOWN COLLECT FROM THIS PROPERTY? AND WHY HAS IT, HASN'T IT BEEN BEFORE THE PLANNING BOARD FOR THE EXPANDED USE? CAN THAT JUST BE DONE WITHOUT PERMISSION FROM THE TOWN BOARD AND ALL THESE OTHER CASES TONIGHT THAT SPOKE ABOUT, UM, YOU KNOW, THE SONY BOARDS, PLANNING BOARDS ARCHITECTURAL REVIEW.
ONE NEEDED A LANDSCAPE ARCHITECT.
WHY IS NOTHING BEING SAID ABOUT THAT? HOW IS THIS JUST ALLOWED TO CONTINUE WITHOUT A, ANY DISCUSSION THAT SOMEBODY WHO'S JUST PUTTING AN ADDITION ONTO THEIR HOME HAS TO PROVIDE TO THE TOWN? SO SOMETHING AS SIMPLE AS AN ADDITION ON BEDROCK HAS TO HAVE ALL THESE STUDIES AND SURVEYS.
AND HOW IS THIS MASSIVE BUSINESS NOT REQUIRED TO DO THE SAME? AND MS. BUNTING, MY QUESTION FOR YOU IS, WHO MAKES THE DECISION, WHICH BOARD TO SEND THIS TO? WHY IS ONLY ZONING GETTING THIS? WHY IS NOT PLANNING INVOLVED? AND WHEN YOU START TO JUST GOOGLE THINGS AND YOU START TO READ ABOUT HOW DANGEROUS EXPOSURE TO AIRBORNE AND CONCRETE STONE AND BRICK IS, YOU JUST WONDER HOW IS THIS ALLOWED TO CONTINUE AND, AND CONTINUE TO ENCROACH IN ALL DIRECTIONS WITHOUT ANY CONCERN FOR THAT SHELTER AND THE PEOPLE THAT WORK THERE.
AND DID I HEAR THE ATTORNEY SAY THAT EVEN THOUGH THEY HAVE A STOP WORK ORDER, THEY'RE STILL WORKING.
NO ONE IS CONCERNED THAT A STOP WORK ORDER WAS ORDERED FOR A REASON AND IT'S BEING DISREGARDED.
IF A BUSINESS IS OPERATING IN THE TOWN OF GREENBURG, DO THEY NOT HAVE TO FOLLOW THE LAWS? THANK YOU.
IN THIS MOMENT OF SILENCE, I THINK WE CAN, UH, TAKE, UH, OUR TIME NOW AND DO OUR DELIBERATIONS.
I HAD TO GET BAIL DELIBERATION TIME.
LET'S START WITH THE OBVIOUS BAIL FIRST STEP.
SO WE ARE GONNA START WITH BAIL.
FIRST THING, THE LAST THING WE HEARD.
YES, BUT WE NEED TO, WE NEED TO STATE THE DATE AT THIS POINT TO JANUARY 18TH.
[03:00:01]
WHY WAITING FOR AN ANSWER.I THINK THAT WE SHOULD, UM, ADJOURN UNTIL NEXT MONTH.
SO WE HAVE NEXT MONTH AND THEN WE HAVE FEBRUARY NEXT MONTH IS JANUARY.
WHAT DID I SAY? YOU SAID, AND MY ONLY CONCERN IS YOU SAID JANUARY.
AND MY ONLY CONCERN IS, I MEAN, AND I I WANTED TO JUST ASK A QUESTION ALSO.
AGAIN, I KNOW IT WAS ASKED TWICE, BUT I JUST WANNA MAKE SURE THAT THE TOWN THAT WE ARE REALLY PREPARED TO GO FORWARD VERSUS SAYING IT'S GONNA BE JANUARY AND THEN WE ARE RIGHT BACK DISCUSSING THINGS ALL OVER AGAIN BECAUSE WE DIDN'T GET A CHANCE TO REVIEW WHAT NEED TO BE REVIEWED.
I MEAN, OUT OF FAIRNESS, I JUST WANNA MAKE SURE THAT IF YOU'RE SAYING JANUARY, WE'RE READY TO GO AND EVERYBODY, EVERYBODY PUTS FULL EFFORT INTO A FULL, FULL COURT PRESS TO GET IT TO A DECISION MAKING POINT WITH ENOUGH TIME FOR US TO REVIEW IT, RIGHT? OF COURSE NOT, NOT NOT, UH, AGAIN, AFTERNOON THE 18TH ALL OF A SUDDEN.
HERE'S THE, HERE'S THE DECISION, RIGHT? NO, I WOULD, YES.
BOTH, BOTH PARTIES WERE, WERE GIVEN NOTICE OF OUR RULES, WHICH SAY 10 DAYS IN ADVANCE, WRITTEN MATERIAL SHOULD BE SUBMITTED 10 DAYS IN ADVANCE.
SO THAT WOULD BE, AND I'LL SAY THE SAME THING THAT I SAID LAST MONTH, WHICH IS YOU CAN LEAD A COURSE TO WATER.
YOU CAN'T MANDATE THAT THEY AGREE.
BUT WHAT YOU CAN DO IS MANDATE THAT THEY GET PAPERS IN BY A CERTAIN DATE AND THEN THAT'S IT.
AND THEN YOU MAKE YOUR DECISION BASED ON THAT.
BUT THEY ALSO TALKED ABOUT THE FACT THAT ONCE THEY GOT THEIR PAPERS IN, THEY WOULD WANT TO HAVE SOME TYPE OF DISCUSSIONS, WHICH I DON'T KNOW, I DON'T KNOW HOW MUCH TIME THEY'D GO INTO DISCUSSIONS BEFORE.
WELL, THEY'VE DISCUSSIONS, AS I UNDERSTAND IT, THEY'VE HAD DISCUSSIONS AND THAT'S LED TO WHERE WE ARE.
AND I ASSUME THAT THEY, THERE WILL CONTINUE TO BE DISCUSSIONS TO NARROW FURTHER THE ISSUES IF THERE ARE ANY BETWEEN THE PARTIES.
I HAVEN'T BEEN PART OF IT BECAUSE I'M COUNSELED TO THE, YOUR BOARD.
UH, AND UH, WE JUST CAN'T HAVE THE APPLICANT SUBMITTING SOMETHING ON, UH, THE DAY BEFORE A MEETING AND COMING INTO THIS BOARD AND SAYING, WELL, THE TIME FOR THE TOWN'S HOMEWORK IS, IS OVER.
I UNDERSTAND THAT FROM STAFF PERSPECTIVE.
LISTEN, I THINK THE 18TH IS, UH, ACHIEVABLE AND UH, OUR GOAL IS CERTAINLY TO BE GET SOME, GET SOMETHING IN WRITING TO THE BOARD 10 DAYS IN ADVANCE.
AND IF, AND IF THERE IS AN IMPASSE AND A LACK OF MEETING OF THE MINDS, THEN THE BOARD SHOULD BE TOLD THAT.
BOTH PARTIES WILL EXPLAIN THE RATIONALE BEHIND WHY THEY RIGHT.
AND THEN THE BOARD WILL MAKE ITS DECISION.
AND, AND MY UNDERSTANDING IS THAT THE TWO POINTS ARE HEIGHT AND ANGLE OF REPO.
IF THAT'S ALL WE KNOW, THERE MAY BE MORE.
WELL, THAT'S WHY I WAS ASKING.
WELL, THAT'S PART, THERE'S A RANGE.
THERE, THERE, THERE COULD BE ONE WORD TO A WHOLE PARAGRAPH THAT WE JUST WANT TO FLESH OUT, UNDERSTAND EACH OTHER'S RATIONALE.
SO, YOU KNOW, THERE, THERE'S THAT SCALE OF THINGS TO, UM, YOU KNOW, SOMETHING SUCH AS, UH, PERIOD OF RENEWABLE PER PERMIT, WHETHER IT'S ONE YEARS OR FIVE YEARS.
UM, THEY'VE INDICATED IN THE DOCUMENTS YOU'VE RECEIVED, UH, TODAY OR YESTERDAY, UM, DESIRE TO HAVE A FIVE YEAR RENEWABLE PERMIT.
AND, UM, YOU KNOW, THAT'S CERTAINLY SOMETHING I DON'T BELIEVE THE TOWN, UH, STAFF, UM, SUPPORT.
BUT WE'LL HAVE CONVERSATIONS WITH THEM CONTINUE.
SO, UM, IT'S CERTAINLY NOT DOZENS OF, OF OF MAJOR ISSUES.
UM, I WOULDN'T, I WOULDN'T, I WOULDN'T SAY IT'S TWO.
UM, IT COULD BE, I DON'T KNOW, ANYWHERE FROM TWO TO FIVE.
BUT LISTEN, WE'RE GONNA WORK TOGETHER AND WE'RE GONNA MEET THE GOAL OF GETTING SOMETHING TO THE BOARD 10 DAYS IN ADVANCE.
YOU SAID IT'S NOT DOZENS OF MAJOR, MAJOR ISSUES OR IS IT ONE OR TWO MINOR ISSUES? I MEAN, ARE ALL THE MAJOR HURDLES HURDLED, DEPENDS ON HOW YOU DEFINE IT.
WHAT'S MAJOR TO YOU MAY NOT BE MAJOR TO SOMEONE ELSE AND VICE VERSA.
THAT'S THE LAW, ISN'T IT? TELL, TELL, TELL US.
IF WE NEED TO BRING SLEEPING BAGS, THERE'S MORE CONDITIONS THAT WE AGREE UPON THAN NOT AGREE UPON.
BUT ARE THEY MAJOR DECISIONS OR MINOR DECISIONS? THERE'S A RANGE AGAIN, SEE WHAT'S MAJOR TO YOU,
SO IF WE GET TO A POINT AGAIN WHERE YOU, I DON'T WANNA GET TO ANOTHER MEETING WHERE WE'RE SORT OF LIKE IN THIS, UH, LIMBO AGAIN, UN UNDERSTOOD.
SO PERHAPS LIKE IF IF IT'S STILL THIS, WE, WE, WE CAN, CAN IT BE ADJOURNED AHEAD OF TIME OR WE HAVE TO ALWAYS VOTE TO ADJOURN SOMETHING? YES.
[03:05:01]
YOU COULD DO, I SUPPOSE IS IF YOU, I I HESITATE TO EVEN SUGGEST IT IS YOU CAN SAY PAPERS ARE DUE BY X DATE AND RESPONSES TO THOSE PAPERS ARE DUE FIVE DAYS LATER.AND THEN THE, THEN IT'S UP TO YOU.
BUT I HATE TO, TO DO THAT BECAUSE YOU, WITHOUT KNOWING WHAT, WHAT THE DISCREPANCIES ARE.
BUT THAT'S ONE WAY TO DO IT, IS TO SET THAT THEY CLOSED THE RECORD AT THAT POINT.
WE DON'T KNOW ALL I LIKE THAT BEING PROPOSED.
WELL THE ONLY THING IS I WOULD SAY AS ED SAID, YOU COULD LEAD A HORSE TO WATER, BUT YOU CAN'T MAKE HIM DRINK.
I MEAN, I DON'T WANT TO, IS THAT WHAT HE SAID? HE SAID THAT BEFORE WHEN I ASKED THE QUESTION ORIGINALLY HE SAID IT THE WATER.
OH, IT MADE HIM CROSS THE WATER.
NO, NO, I NEVER HEARD THAT ONE.
ALRIGHT, SO LET'S, LET'S ADJOURN IT FOR THE 18TH THEN.
I HOPE, I JUST HOPE THEY REALIZE IS THAT JANUARY 8TH IS 10 DAYS BEFORE IS IS 10 DAYS.
ALLOWING THEM NEW YEAR'S, A WHOLE LOT OF, UH, TIME.
THAT'S, THAT WAS MY ONLY PAUSE.
LET'S HOPE EVERYONE REALIZES THAT THEY NEED TO SERIOUSLY NEGOTIATE AND GET THIS DONE AND THE TIME'S RUNNING OUT.
AS LONG AS CONED DOESN'T TURN OFF OUR ELECTRICITY.
WHAT? AS LONG AS CONED AND THE STORMS DON'T TURN OFF OUR ELECTRICITY.
I THINK THEY ALREADY DID TONIGHT.
A DON'T EVERYBODY SPEAK AT ONCE IN GOOD CONSCIENCE.
I CANNOT APPROVE OR VOTE FOR INCREASING ONE SQUARE INCH OF MORE IMPERVIOUS SERVICE HERE OR IN GENERAL? UH, FOR THIS, ON THIS ONE.
YOU I NEED TO APPLY THAT TO OH, NO, NO.
SHE SAID, DOES ANYBODY WANNA TALK ABOUT THIS ONE? SO I WAS TALKING ABOUT IT.
THE STATEMENT WAS PURELY AND SIMPLY ABOUT THIS ONE.
GIVEN ALL THE PROBLEMS THAT ARE GOING ON, WELL, FORGET THE WATER FOR A MINUTE.
WHY WOULD YOU NOT? I I JUST THINK THIS PROPERTY SHOULD NOT HAVE MORE IMPERVIOUS SURFACES.
BUT THAT ISN'T BUT IF, BUT IF THAT'S NOT THE VARIANCE.
THEY'RE INCREASING THE DRIVEWAY.
NOT, BUT THEY'RE INCREASING IT.
THEY DON'T NEED AN IMPERVIOUS SURFACE.
THEY'RE ONLY ENCROACHING THEM A LOT IS THE ENCROACHMENT.
RIGHT? YOU REALLY SHOULDN'T BE CONSIDERING IMPERVIOUS SURFACE IN THIS INSTANCE.
WHAT? 'CAUSE THEY'RE NOT ASKING FOR AN IMPERVIOUS SURFACE VARIANCE.
WHAT I WOULD SUGGEST WOULD BE TO LOOK AT THE PLAN AGAIN.
I DON'T SEE THE NEED IN THE MULTIPLE DRIVEWAYS ALL OVER THE PROPERTY.
WELL, THE PROBLEM IS BECAUSE IT'S ON A HILL.
AND THEY CAN'T PARK ON THE STREET.
AND IT COULDN'T BE A TWO CAR PARK AREA WHERE THE GARAGE IS LOCATED BY THE HOME.
NO, IT'S THREE CAR LENGTHS WIDE.
I, 'CAUSE THEY HAD THE WHITE CAR, ANOTHER SPACE FOR ANOTHER CAR AND THE RED CAR, I, THAT'S A DIFFERENT CASE.
I WAS TRYING TO SAY, YOU GUYS GOT ME IN THE WRONG ONE.
THIS ONE HAS, IT IS LONG AND NARROW.
IT'S HUGE, BUT LONG AND NARROW.
THIS ONE WHERE THE, WHERE THE WATER WAS FROM, THIS IS THE HILLSIDE.
THE WATER'S COMING, FLYING INTO.
THIS IS NOT, THIS IS NOT THE, THE POND.
THE PLAN IS VERY HARD TO READ.
SO WHAT I'M SAYING IS IF THERE WAS A TWO, TWO CAR PARK HERE VERSUS ONE UP ON TOP, THIS IS THE ONE, THE BOTTOM ONE IS THE PROBLEM.
THE TOP ONE IS A PROBLEM ONLY THAT IT'S CLOSE TO THE PROPERTY.
IT'S JUST ON THE PROPERTY LINE.
BUT IF, IF THEY, BUT IF WE BROUGHT IT DOWN TO THE DRIVEWAY, TO THE, TO THE EXISTING DRIVEWAY AND JUST MADE IT TOO FAR WIDE.
[03:10:01]
BUT THE, BUT THEN THEY'D HAVE TO CHANGE THE WHOLE PLAN BECAUSE THEIR IDEA IS TO DIVERT THE WATER.WELL NOW YOU'RE BACK TO WATER.
WELL, I'M TELLING YOU THAT'S WHAT IT'S, THAT'S WHAT THEY'RE DOING.
WELL THEN THEY HAVE TO RIP UP THAT WHOLE AREA.
THE OTHER IDEA IS TO JUST SAY THAT WE SHOULD PUT THIS ASIDE UNTIL THE PLANNING DEPARTMENT HAS FIGURED OUT THE WATER ISSUES.
THEY MAY, THEY DON'T WORK THAT WAY.
THE ORDER OF OPERATIONS IS, UM, WHAT'S OCCURRING NOW PLANNING BOARD SEES IT MAKES A RECOMMENDATION TO THE ZONING BOARD.
ZONING BOARD RENDERS A DECISION ON THE VARIANCE.
AND THEN THE PLANNING BOARD FINISHES UP.
WELL THIS IS THE IMPERVIOUS SURFACE.
AND MY UNDERSTANDING TO IS THAT THE CULTEC DRAINS ARE GONNA GO RIGHT THERE.
DO I HAVE THE FRONT YOU GUYS TALKING ABOUT THIS CASE OR YEAH.
THESE ARE PICTURES THAT I TOOK.
UM, MY, MY FEELING IS THAT GIVE IT TO ME TO DO NOTHING IS THE WRONG.
BUT IS THIS THE RIGHT THING? BUT WHAT'S WHAT THEY'RE DOING IS WE CAN ONLY GO ON THE OPTION THAT THEY'RE, THEY'RE GIVING US, WHICH IS THE, THAT VARIANCE.
ANYTHING THAT CAN BE DONE TO MITIGATE THE FLOODING ISSUE THAT'S THERE IS HELPFUL.
BUT THAT'S NOT WHAT THE VARIANCE IS ABOUT.
NO, BUT ON THE OTHER HAND, NO.
THE NO, THE, THE VARIANCE IS NOT ABOUT THE WATER VARIANCE.
THE THE VARIANCE ISN'T ABOUT ANY OF THE MITIGATION PLAN, THE WATER MITIGATION PLANS, NONE OF IT.
NONE OF THAT MAY OR MAY NOT HAPPEN.
SO IF YOU LOOK AT THIS HATCHED OUT AREA HERE, THAT'S HERE, THERE'S A FULL DRIVEWAY THAT'S BEING CONSTRUCTED THAT'S GOING TO GO ACROSS THE WHOLE FRONT OF THIS HOME.
WHAT, WHAT, WHAT HAPPENED WITH THE GRASS? SO IF YOU'RE GOING PAVE THIS'S, GOING EC DRAINS, EXCEPT IT'S GOING TO RIGHT THERE.
SO YOU'RE GONNA PAVE THAT WHOLE THING OVER.
IT, IT'S, IT'S A VERY DIFFICULT DRAWING TO SEE.
'CAUSE IT'S SO SMALL AND THERE'S SO MANY EVERYTHING'S ON.
IT DOESN'T, IS THAT THE RIGHT HOUSE? HOUSE? FOR SURE.
IS THIS THE RIGHT HOUSE? YEAH.
'CAUSE AGAIN, IF YOU LOOK AT THE HATCHED AREA HERE, IT'S SAYING THAT THIS WHOLE ENTIRE THING, I'M NOT EVEN AT THE PATIO YET, BUT THE ENTIRE LOOK AT THE PICTURE FROM THE DRIVEWAY TO THE RIGHT IS GONNA NOW ALL BE PAPER OVER.
THE DRIVEWAY IS GOING TO, TO THE PROPERTY LINE.
EXISTING NON-CONFORMING DRIVEWAY.
MAYBE I'M LOOKING AT THE WRONG HOUSE.
BECAUSE THERE'S AN ELEVATION DIFFERENCE BETWEEN THE DRIVEWAY AND THAT UPPER PARK AREA TOWARDS THE FRONT.
SO THAT WHOLE THING'S GONNA BE PAVED OVER.
THEN YOU'RE GONNA DROP DOWN AND THEN YOU STILL HAVE A DRIVEWAY.
SO THEY'RE PUTTING, ARE WE ALLOWED TO CLARIFY? NOPE.
WELL THERE'S GRASS THERE NOW, RIGHT? THEY'RE NOT OVER TAKING THAT AWAY.
WELL, THE HATCHED AREA, THE HATCHED AREA SAYS PAID HERE.
IT SAYS WHAT THEY'RE DOING EXISTING IS CROSS HATCH.
I'M LOOKING FOR WHAT THE CROSS HATCH MEANS.
THIS IS EXISTING, IS CROSS, THIS IS EXISTING.
THAT'S WHAT I THINK THAT'S PROPOSED.
AND THEY'RE PUTTING TWO, TWO CULTURE SCREENS RIGHT THERE.
CHRISTIE'S, I THINK THE PLANS AND THE EXPLANATION WERE VERY POOR.
WE, WE SHOULD GET FOLKS TO GIVE US DIFFERENT PLANS SO WE CAN READ THEM.
BECAUSE LIKE SAID, YOU DON'T EVEN, YOU DON'T EVEN REALLY SEE THIS.
CHRISTIE'S HAD THE PLANS WERE POOR.
I'M GOING ONE THE HATCH AND, AND THE EXPLANATION.
HE SPOKE SO QUICKLY IT WAS VERY DIFFICULT TO FOLLOW.
SEE, THE TWO DRIVEWAYS ARE ON DIFFERENT LEVELS, WHAT I'M SAYING.
SO IF YOU WERE TO MAKE THAT A TWO FAR WIDE DRIVEWAY WHERE IT'S EXISTING, GET RID OF THE ONE TO THE FRONT, YOU HAVE STEPS TO GO UP TO THE PATHWAY TO THE FRONT DOOR.
GET RID OF THE ONE TO THE FRONT.
WELL, IT WOULD BE THE TOP, IT WOULD BE HARD FOR THIS ONE BECAUSE
[03:15:01]
YOU'VE GOTTA PULL INTO THE DRIVEWAY.'CAUSE THE REASON WHY THEY WANNA KEEP THAT IS BECAUSE PARKING, CAN I SEE THOSE PARKING IN THAT AREA? SURE.
IN THAT NEIGHBORHOOD IS, I COULDN'T FIND TERRIBLE.
AND IN FACT, MY UNDERSTANDING IS THAT THEY HAVE AGREEMENTS AMONGST NEIGHBORS THAT IF YOU'RE HAVING A PARTY OR SOMETHING LIKE THAT, OTHER NEIGHBORS DRIVEWAY.
YOU DEFINITELY HAD THE RIGHT HOUSE.
BUT THIS IS THE ONE WITH THE WATER PROBLEM.
BUT THEY'RE ADDING THOSE COLD TECH DRAINS TO THE FRONT OF THE PROPERTY.
THAT'S SOMETHING THAT MAY OR MAY NOT BE APPROVED BY THE PLANNING DEPARTMENT.
NO, WELL, WELL THEY, THEY'RE OFFERING TO DO IT SOMETHING.
SO IT COULD BE THAT THE APPLICANT, WHEN THEY GO BACK TO THE PLANNING BOARD, UH, THE PLANNING BOARD REQUESTS ADDITIONAL RIGHT.
EITHER GRADING OR STORMWATER MEASURES TO THE REAR.
AND YOU STILL HAVE THAT THE NEIGHBOR PLANNING BOARD HAS TESTIMONY FROM THE NEIGHBOR OF TODAY.
I MEAN, I, I REALLY, I'M GONNA BE HONEST WITH YOU.
I I DON'T SEE A REASON WHY NOT, NOT TO, YOU KNOW, GRANT THIS.
GIVEN THE CIRCUMSTANCES OF, OF THIS PROPERTY IS LAID OUT AND WHO'S TO SAY THAT WE CAN'T PUT THE INSTALLATION OF THOSE EC DRAINS AS PART OF A ZONING BOARD? UM, WE CERTAINLY COULD.
I MEAN, ULTIMATELY YOU'RE APPROVING, UH, THE PLAN BY DATE.
AND THE PLAN HAS TEX IN THE FRONT AND THE YEAH, WE'RE APPROVING THE PLAN.
BUT THEY COULD CHANGE IT, IS WHAT HE'S SAYING.
WE CERTAINLY PROBABLY TO THE BETTER IF NECESSARY.
OR FOR SUPPLEMENT WHAT YOU HAVE HERE IF DEEMED NECESSARY.
UM, IS THIS ONE THAT CAN BE WRITTEN UP TONIGHT OR CLOSED FOR DECISION ONLY? WHO TYPE TWO ACTION.
WHAT IS IT THAT YOU'RE CLOSING FOR DECISION ONLY? NO.
IS IT, CAN IT BE WRITTEN UP? IS THIS ONE THAT CAN BE WRITTEN? WHY, WHY? WHAT? I, I'M SORRY.
IT SEEMS TO BE PRETTY STRAIGHTFORWARD TO ME.
NO, HE WAS SAYING THAT IT HAS TO ADD THE CONDITION THAT IT, THAT THE MITIGATION MEASURES IN THE PLAN.
I THOUGHT I SORRY, I THOUGHT THAT'S WHAT YOU WERE ASKING.
YOU DOING THAT? YOU'RE GONNA HANDLE ALL OF THEM.
WHAT'S WHAT'S UP WITH THAT? OKAY, THE NEXT ONE IS THE GREG ANDERSON WITH THE, UH, FENCE ON TOP OF THE RETAINING WALL AND THE POLE VAULTING SENIOR CITIZENS.
AND, AND I, I ONLY PAUSED THAT BECAUSE BIG, I WANTED TO BE ABLE TO GET THAT INFORMATION OUT QUICKLY.
IT, THEY WEREN'T GIVING A COMPELLING ARGUMENT INITIALLY IN ANY LITTLE GUIDANCE.
SO THAT'S MY ONLY, THAT WAS MY ONLY INTERJECTION REASON WHY I INTERJECTED WHAT THE WASHINGTON POLICE ONE? YEAH.
WELL, THE NEIGHBOR CAME TO HER OWN DEFENSE.
YEAH, I JUST, ON READING IT, I REALLY HAD VISIONS OF GRANDPARENTS POLE VAULTING.
NO, I DON'T THINK THE DOG IS THE ISSUE.
I HE LITERALLY JUST BUILT THE WALL.
ALRIGHT, SO YOU WANT TO WRITE THAT ONE? NO, NO.
UM, THAT'S A GOOD ONE FOR YOU.
THAT'S A GOOD ONE FOR ME TO WRITE.
THEY'RE RIGHT DOWN THE STREET.
JUST SO WE CAN, BECAUSE WE'RE GONNA BE THERE FOR A LONG TIME.
OH, DO WE NEED RAVO? NO, UHUH.
YOU GONNA VOTE? WHAT IS, THERE'S NOT TOO MUCH WATER MITIGATION WITH THIS ONE.
I I JUST WANT PICTURE THE DOG JUMPING OVER IT.
YOU KNOW, SHE SAID SHE HAS THE VIDEO IN TERMS OF, IN TERMS OF FINDINGS.
THERE, THERE, THERE TRULY IS NO ALTERNATIVE.
ULTIMATELY YOU HAVE GRADES THAT ARE SET, UM, RIGHT'S GONNA TO BORROW PEN
[03:20:01]
ALL.SO NEXT IS ROBERT AND CHARLENE.
AND THIS IS, I DIDN'T HAVE A, I DIDN'T HAVE A PROBLEM WITH THIS.
THEY HAD THE, THE, THEY'RE FACING, THEY'RE NOT FACING ANYONE.
THEY'RE FACING THE HIGHWAY THAT WITH ALL THE WORK THEY'RE DOING, THE CAN'T IT NOT IMPACTING ANYTHING.
AND MY POINT WAS,
WELL, THE ISSUE THAT I RAISED WAS HE, IN HIS ARGUMENT, HE WAS SAYING THAT IT'S AN INCREASING OF A NON-CONFORMITY.
IF THE NON-CONFORMITY WASN'T INITIALLY FOUNDED, WE'RE NOT INCREASING A NON-CONFORMITY.
I THINK IF IT WAS, NO, BUT IT WAS BECAUSE WHERE'S IT WAS BUILT BEFORE THE ZONING.
IT'S LEGALLY, WAS IT LEGAL? WELL, THE WHOLE HOUSE IS, IT WAS LEGAL AT TIME.
I'M TALKING ABOUT, BUT THEN ONCE THE CODE CAME IN, RIGHT, THEN IT BECOMES NON-CONFORMING.
SO IF YOU WANNA EXPAND IT, THEN YOU HAVE TO HAVE A VARIANCE.
BUT ARE YOU GETTING A VARIANCE TO EXPAND A NON-CONFORMING THEY WERE EXPANDING A NON-CONFORMITY.
THEY WOULD NEED A VARIANCE FOR TO DO THAT AS WELL AS THE ACTUAL YES.
THAT'S WHY I RAISED IT THAT WAY.
THAT, AND THE ISSUE HERE IS THAT THE MAXIMUM SURFACE PERMITTED IS 43.75.
THEY'RE ASKING FOR 52, WHICH IS ALMOST 10%.
BUT THEY'RE SAYING THAT THE EXISTING IS 50.
AND THE QUESTION IS HOW DID THEY GET THE 50? IS THAT LEGAL? WAS IT LEGAL WHEN IT, WHEN IT WAS BUILT? IF THAT'S TRUE, THEN IT, THE NOTICE SHOULD HAVE SAID 43.75 PERMITTED 50.2% EXISTING.
BUT IF IT WASN'T LEGAL, THEN THEY WOULDN'T PUT THAT IN.
SO THE ASSUMPTION DEPARTMENT SAYS, MY ASSUMPTION WOULD BE THAT IT'S, IT WASN'T LEGAL WHEN IT WAS WHAT WAS PUT IN.
NOW I THINK THE OWNER IS SAYING THAT THIS WAS STILL BUILT BEFORE THEY BOUGHT.
WELL, TECHNICALLY IT'S LEGAL MATTER THEY BOUGHT WITH YOU BUY WITH CONSTRUCTIVE NOTICE.
SO THAT'S WHY I WAS SAYING THAT THERE WAS NO DECK.
AND NOW YOU'RE ASKING TO BUILD A DECK THAT IS NON-CONFORMING.
THE EXISTING DECK IS ALREADY NOT WHAT DECK.
WHAT ARE WE SAYING HERE? WHAT, WHAT DECK ARE YOU TALKING ABOUT? 'CAUSE IF THERE'S A DECK, THEN I NEED TO KNOW, KNOW A DECK TO BE BUILT.
WHAT? I NEED TO KNOW WHAT THE EXISTING WAS THAT WE ARE NOW INCREASING.
WELL, THEY SAID THE EXISTING IS 50 SOMETHING AND I DON'T, I DON'T SEE IT HAS THE PICTURES.
AND UM, WHERE ARE WE?
THERE IS, THERE ARE NUMBERS AND EVERYTHING.
IS THERE A NUMBER ATTACHED TO THE IMPERIOUS SURFACE, INCLUDING WHAT'S THERE NOW? YEAH, THE 50.7, THEY HAD 50 POINT OR NINE THESE ON THERE.
BUT NOT IN THE, UM, SO I DIDN'T SEE, NOT IN THE NOTICE LETTER HERE IN THIS ONE, I DON'T YEAH.
BUT IN A DENIAL, IT'S NOT THERE.
I PRESUME IT WAS NOT LEGAL BECAUSE UM, WITH OTHER VARIANCES, I'M TWO SECONDS.
IT WOULD'VE BEEN, YOU'RE, YOU'RE, YOU'RE AUTHORIZING GOING FROM 43 TO 52.
RIGHT? THE EXISTING IS NOTEWORTHY, BUT IT'S, YOU KNOW, IN TERMS OF, BUT UNLESS WE'RE TOLD OTHERWISE.
SO IN 88 THEY REDUCED IT FROM 10 TO FOUR.
WELL, THAT'S WHAT THEY WANTED TO DO.
HOW? IT MAY HAVE BEEN DELIGHT, BUT IT MAY HAVE BEEN BILL
YOU DON'T WANT TO REWARD THAT.
BUT ARE THEY TAKING IT OUT AND REPLACING IT? MM-HMM.
THAT'S WHY I SAID, THAT'S WHY I SAID THEY'RE ASKING FOR A NEW DEBT.
WELL, THEN EVEN IF IT WAS LEGALLY NONCONFORMING, WHEN THEY REMOVE IT, IT GOES AWAY AND YOU START FROM SCRATCH.
[03:25:01]
SO THEIRS IS NON, SO WE'RE INCREASING A NON-CONFORMITY.WE'LL, PERMITTING, PERMITTING PERMIT.
WELL, YOU ARE PERMITTING VARIANCE.
A VARIANCE FOR A NON-CONFORMING DECK.
NO, YOU'RE
LEGAL NON-CONFORMING IS NONCONFORMING HAS A DIFFERENT CONNOTATION, A DIFFERENT, UH, DEFINITION.
ARE WE DOING FINDINGS TONIGHT OR HUH? ARE WE DOING THE FINDINGS TODAY? DID I HEAR SOMETHING? HUH?
WE ON TO THE NEXT EVERYBODY A YES ON THE WELL DOING THEM AND, AND TELLING THEM THE TWO DIFFERENT THINGS.
SOUNDS LIKE, UH, CHRISTIE'S ASKING THAT ONE.
ALRIGHT, I PUT, I PUT A PARTIAL NOTE.
SO WE'LL READ THE FIRST PART AND THEN WE'LL SUBMIT THE FINDINGS TO YOU.
I THINK HE'S ED WHAT DO YOU WANT US TO DO WITH THE FINDINGS? YOU WANT US TO DO THEM TONIGHT OR IF YOU CAN NO, LET'S NOT.
SHE'S GOTTA DRIVE TO THE CITY.
I'VE ALREADY WRITTEN SOME NOTES IN, BASED ON WHAT GARY TOLD ME TO WRITE.
COME TOMORROW, WE'LL VOTE ON IT TONIGHT AND FINDINGS WILL BE ALRIGHT.
KIERAN, ED ALWAYS HAVE VERY SAGE CHANGES, OR AT LEAST WHEN I WRITE THEY DO.
IT WAS A BEAUTIFUL LANDSCAPE PLAN.
I WILL SAY THAT I WAS
YEAH, THAT'S FOR WHEN YOU, I GUESS WHEN THE GARAGE ISN'T ATTACHED TO THE HOUSE, IT'S A WAY TO NOT HAVE IT SNOWY AND, BUT IT IS ATTACHED TO THE SECOND FLOOR.
YOU UNDERSTAND? WHY DID THEY HAVE THE BREEZEWAY? AND I DID THE BRIEF, THE BREEZEWAYS ON THE SECOND FLOOR PORT CO-CHAIR
THAT'S THE DEFINITION OF A ISN'T THAT THE FRENCH? YEAH.
NO, NO, BUT ISN'T THAT WHAT THEY IN EFFECT BUILDING WHAT? PORT COCHAIR 20.
THAT'S WHERE YOU HAVE AN OPENING AND YOU HAVE A, UH, CORRECT ME IF I'M WRONG, ARCHITECT.
SO THAT MUST HAVE BEEN JUST A, SO IT WASN'T JUST THIS BLANK SPACE BETWEEN THE HOUSE AND THE GARAGE.
PROBABLY MAKING IT PRETTY NOW.
THEY'RE GONNA BUILD IT, RIGHT? WELL, THEY'RE GONNA BUILD THE, THE ONLY EXPLANATION I COULD SEE IS THAT IF YOU ATTACHED IT TO THE HOUSE, COULD YOU GET BY TO GET TO THE BACKYARD? IF WE GAVE THE EXTENSION AND A REDESIGN, THEY COULD COME IN THIS WAY.
LIKE MOST OF THOSE RANCH STYLE, HOUSE AVENUE COME IN, YOU PULL IN.
I THINK IT WAS JUST A VERY ELEGANT LANDSCAPE DESIGN.
AND THEY WERE, THAT WAS AN ARCHITECTURAL ELEMENT WAS WHAT I THOUGHT IT WAS AGAIN.
OH, IT'S, I THINK IT WAS SUBDIVISION THAT WOULD YOU, IT'S DEFINE THAT AS A ARCHITECTURAL ELEMENT.
IS THAT THE WAY YOU PRONOUNCE IT?
IF YOU HAVE A LITTLE BIT OF SPACE ON EITHER SIDE.
SO YOU JUST HAVE LIKE A BREEZEWAY OF, OF ANOTHER 10 FEET.
NOW THERE'S, IS THERE ANY THAT'S ABOUT IT.
GARAGE IN THE HOUSE CURRENTLY SO THAT YOU CAN GET FROM THE FRONT TO THE BACK WITHOUT GOING THROUGH THE HOUSE OR GOING AROUND THAT HOUSE.
WELL, YOU'D BE GOING AROUND THE GARAGE, THE OTHER SIDE GOING THROUGH THE HOUSE IF YOU DIDN'T HAVE THE BREEZEWAY, RIGHT? NO, BUT THEY HAVE, THEY HAVE MEANS IF YOU LOOK AT THEIR PLANS, THEY HAVE MEANS OF GETTING OUT OF THE HOUSE.
THEY HAVE A WALKWAY THAT GOES RIGHT TO THE PARK AND WE'RE GIVE THEM A NEW DRIVEWAY TO GO AROUND IN FRONT OF IT.
AGAIN, WHERE'S THE GARAGE NOW? NON EXIST.
[03:30:01]
THAT'S THE HOUSE WITH THE RED CAR AND THE WHITE CAR.DID THEY HAVE THEY'RE THE ONES WITH THE BOAT IN THE POND.
I WOULD THINK IT SHOULD HAVE A DOCK IN A BOAT.
THAT'S THE, I THINK THAT'S TWO BLUEBERRY.
I JUST THOUGHT THAT SOMETHING ELSE COULD HAPPEN WITH THE GARAGE.
ESPECIALLY WHEN THEY PUT UP TWO OTHER HOUSES THAT HAVE DIFFERENT, THE OTHER QUESTION THAT I SHOULD HAVE RAISED IS THE DISTANCE OF THAT STRUCTURE TO THE NEIGHBORING HOUSE.
LOOK, LISTEN, WE, WE WERE TOO CAUGHT UP IN THE WATER STILL
I JUST, I'M I'M JUST LIKE, EVERY, EVERY HOUSE YOU'D HAVE FLOODING ISSUES.
BUT I MEAN TO THIS GOES DOWN TO ZERO, DOESN'T IT? YEAH.
I I SAY THE BRIEFLY, THE HOUSE, THE PORT OF SHERIFFS, THE, THE SECOND FLOOR OF THAT HOUSE WOULD BE AT THE PROPERTY LINE.
I DON'T SEE THE NEED FOR THE PORT OF SHERIFF.
WELL, THE DRIVEWAY IS, BUT AGAIN, IF YOU TOOK THAT OUT, I DON'T THINK SO.
I DON'T THINK THE SECOND FLOOR.
NO, THE PRINCIPAL BUILDING IS THE 3.16 FEET.
HOW CLOSE IS HOW, OKAY, SO THE DRIVEWAY IS ZERO, BUT THE DRIVEWAY AND THE HOUSE ARE ON THE PROPERTY LINE.
NOT ACCORDING TO THE, EVERYTHING IS SET BACK 3.16 FEET FROM THE SIDE PROPERTY FLOOR.
YOU ON THE RIGHT ONE? ED
WELL, I HAVE TO SAY THE NOTICE THAT I'M LOOKING AT TWO BLUEBERRY NOT APPROVED BY THE RIGHT TWO, TWO BLUEBERRY HILL ROAD.
WELL, THE EASY TO READ PLAN HE HAD ON THE SCREEN, BUT WE DIDN'T, THE ONE WE HAVE HAS 500,000 LINES ON IT.
THAT I HAVE NO IDEA WHAT THEY'RE, HOLD ON, LET ME, NO, I, YEAH, IT SAYS IT'S VERY POOR PRESENTATION DRIVEWAY TO THE SIDE.
WHAT OUTSIDE? THERE'S NO STAIRWAY ON THE SIDE OF THAT.
THE, IN THE BACK BEHIND WHAT'S SAYS.
IT SAYS TO THE SIDE, IT IS TO THE SIDE.
'CAUSE THE FRONT IS ON THE STREET THAT FROM THE DECK TO THE SIDE.
THE SIDE IS ON THE, THE ONE THAT SHOWED THE TOP OF THE PAGE ONE SHOWED THE ONE THAT HE SHOWED ON THAT SCREEN APPEARED THAT THE DRIVEWAY IN THE HOUSE WHERE CONTIGUOUS.
AYE, THIS, THIS IS THE DRIVEWAY.
WELL, THIS, THIS IS THE DRIVEWAY.
I'M NOT WORRIED ABOUT THIS ONE.
I'M WORRIED ABOUT THIS ONE COMING HERE.
SO THIS IS THE PROPERTY LINE AND THIS IS THE EXTENSION THAT THEY WANNA BUILD.
AND THIS IS THE PROPERTY? YEAH, THIS IS THE DRIVEWAY.
REALLY? OH, IT'S PAVED AND DIDN'T LOOK PAVED.
IT LOOKS LIKE A GRAVEL SIDE LOOK LIKE, AND I WAS GONNA ASK IF THAT IMPACTS THE, THAT'S WHY I THOUGHT IT WAS ADDING TO IMPERVIOUS.
AND YOU KNOW, THE WATER'S GONNA JUST RUN OVER.
BUT HE MADE AN AWFUL LOT OF NOISE ABOUT THERE BEING BEDROCK.
AND THEN I DIDN'T UNDERSTAND WHEN HE SAID THAT HE HAD THE, THE DRIVEWAY COMING IN, IN THE SEMI ENTRANCE IN FRONT OF THE HOUSE.
BUT THEN HE SAID IT WAS NECESSARY BECAUSE OF GETTING INTO THE DRIVEWAY.
THIS IS THE DRIVE THIS GET INTO THE GARAGE.
AND THEN THIS IS THE ONE THAT WE'RE SAYING IS IT PAVED OR NOT? THAT WILL GO TO THE GARAGE.
THIS IS THE, I THINK, I'M NOT SURE THAT THIS IS AN ACTUAL EXISTING REAL DRIVEWAY OR IF IT'S JUST A GRAVEL THING THAT'S BEEN THERE.
WELL, IT'S SOME, IT'S IT'S THEIR DRIVEWAY.
IT'S, WE'LL PUT IT THAT WAY, IT'S USING IT.
BUT I DUNNO IF IT'S A LEGAL DRIVEWAY OR NOT.
IT, IT WAS, SO YOU WANT INCREASE THE NON CONFORMITY.
BUT IF THE, IF THE GARAGE AND THE SECOND STORY, OH, I CAN'T SEE THE HOUSE.
THEY WANTED A BIGGER SECOND STORY THERE.
[03:35:01]
REASON FOR THE BREEZEWAY.SO THE, SO THEN TO ME THEN THE QUESTION IS BEYOND THE DRIVEWAY THEN ED, TO CREATE THAT SECOND STORY, THERE SHOULD BE A REQUEST FOR A VARIANCE FOR THAT STRUCTURE.
THERE IS, IT HAS TO BE PUT ONE UNDER THE VERY FIRST, UH, VARIANCE ACCORDING TO THE AGENDA.
AS LONG AS THE FOLLOWING CONDUCTION.
THE SECOND VARIANCE IS REDUCE THE SETBACK FROM THE PRINCIPAL BUILDING NOW BECAUSE IT'S GONNA BE ATTACHED.
THEN THE NEW STRUCTURE BECOMES A PART OF THE PRINCIPAL'S STRUCTURE.
SO FOR THE PRINCIPAL BUILDING, THE SIDE LOT LINE WILL BE 3.16 FEET AND 25 REQUIRED THE 3.16 FEET.
THE SECOND STORY IS GOING EVEN WITH THE GARAGE.
RIGHT? SO THAT'S WHY MM-HMM,
THAT'S WHY THEY PLAN IS SO HARD TO KIND OF CHE ALL THE WAY OUT.
SO HERE, SO THE SECOND STORY GOES ALL THE WAY HERE.
ALL THEY DON'T TELL YOU WHERE THE, IT'S HARD TO FIGURE OUT WHERE THE EXISTING BUILDING LINE IS.
WHERE THAT LINE IS? THIS ONE? MM-HMM?
OH, SO THEY'RE GOING ALL THE WAY OUT FOR THE SECOND FLOOR.
SO IT'S BASICALLY YOU'RE BUILDING ANOTHER 30 FEET OUT FROM THE HOUSE.
WE DIDN'T REALLY FOCUS ON WHAT WAS GOING UPSTAIRS, TO BE HONEST.
WELL, THAT'S WHY I ASKED ABOUT THE FAR.
THEY DIDN'T EVEN REALLY DISCUSS IT.
ONLY BECAUSE IF WE, I DON'T, I THINK IT MUST BE AS OF RIGHT.
'CAUSE WE'RE NOT BEING ASKED TO APPROVE THAT.
BUT WHAT I'M SAYING IS WE, THIS IS THE STRUCTURE GOING FROM FIVE FEET TO THREE FEET OR THE STRUCTURE.
BUT THEN AGAIN, THAT'S JUST THE STAIRWAY.
I'M SAYING THE SECOND FLOOR IS MENTIONED.
THE SECOND FLOOR HAS TO BE COULD HE GIVE ANY? NO, IT MUST BE AS ELEVATION BECAUSE THEY'RE NOT ASKING.
NO, IT CAN'T BE MINIMUM SETBACK FROM PRINCIPAL BUILDING FROM 25.
THAT'S WHAT WE'D HAVE TO PROVE.
THE SECOND ONE, SETBACK OF THE PRINCIPAL BUILDING.
IT'S A SIDE JAR FROM 25 TO 3.1 SIX'S A SETBACK ABOVE THE HEIGHT.
IT DOESN'T GO, IT'S NOT GOING TO ZERO.
IT'S ATTACHED TO THE DRIVEWAY LINE, THE GARAGE LINE.
HAVE A WHERE YOU GOING? YOU'RE LEAVING US.
WHERE YOU GOING? OH, HAPPY HOLIDAY.
ALL I, I WOULD LIKE TO SEE A REDESIGN.
YOU'D LIKE TO WHAT? WHAT OF WHAT? THIS.
YOU'RE JOKING, RIGHT? I'M DEAD TO THIS.
I STARTED OUT VERY NEGATIVE AND THEN I GOT TO EH, BUT IT'S NOT ABOUT THE WATER.
THE FACT IT GOES RIGHT TO THE PROPERTY.
THE ONLY THING THAT SOME WAY MITIGATES THAT IS THAT THE OTHER NEIGHBOR IS REALLY FAR AWAY.
YOU GOTTA BE HERE FOR THIS BECAUSE THE REST OF US, WELL GO AHEAD AND PROVE IT THEN.
SO THE ONLY THING THAT TELLS US THIS ONE BLUEBERRY HILL.
SO IT'S GONNA, THEY'RE GONNA BUILD CLOSE TO THIS PROPERTY LINE.
BUT THE OTHER HOUSE IS FAR AWAY.
HOW FAR FROM THE PROPERTY LINE? VERY FAR.
IF YOU LOOK AT THE PHOTO THAT, THAT WAS MY REAL CONCERN TOO.
BUT THAT'S NOT A CONSIDERATION IF NOT OH, BECAUSE THE OTHER, THE OTHER PROPERTY OWNER COULD THEORETICALLY BUILD, MOVE THEIR HOUSE, RIGHT? YEAH.
AND IT, THEY DID SAY THERE WERE OTHERS HAD OUTBUILDINGS GARAGE BUILDINGS, BUT NONE OF THEM WERE SO CLOSE TO THE PROPERTY LINE.
OR SHE'S PROPOSING WHOEVER THIS IS.
ALRIGHT, WELL I JUST KEPT THINKING THIS SHOULD BE ANOTHER WAY WE COULD, BUT SINCE WE DIDN'T ASK A LOT OF QUESTIONS I GET ABOUT WATER AND HIS PRESENT, WE DIDN'T GET A PLAN.
THAT'S VERY EASY TO UNDERSTAND.
SO WE COULD DO WE WANT TO ASK HIM TO GIVE US A YEAH.
THINK ABOUT WHAT YOU WANT FROM HIM OR THEM.
[03:40:07]
'CAUSE I KNOW YOU, THIS IS THE ONE YOU HAD TO ENLARGE, RIGHT? MM-HMM.WAS THIS THE ONE YOU HAD TO ENLARGE WHEN YOU SENT IT TO HER? I THINK I ONLY ENLARGED THE, UM, WAS THAT, I THINK IT WAS JUST A CHART THAT WAS ON IT THAT I ENLARGED NOT THE ACTUAL, OKAY.
BESIDES THOSE PLANTINGS, HIS DRAWINGS WERE BETTER.
THAT'S WHY WHEN HE TRIED TO PULL THIS ONE UP AGAIN, I SAID, CAN WE LOOK AT THE OTHER MM-HMM.
WHY AM I ALWAYS IN THE PHOTO?
JUST GET CHAT G PT TO WRITE THESE UP FOR.
I'M NOT SURE THAT THAT LOOKS PAID WHITE.
I DON'T THINK IT'S A LEGAL, I DON'T, IT'S A LEGAL DRIVEWAY.
I FEEL THAT WE HAVE TO UNFORTUNATELY ASK THEM WHY COULD THEY, UM, NOT PUSH IT BACK THE, THE 10 FEET, YOU KNOW, IT'S SO MANY TIMES THEY'LL SEND US, YOU KNOW, IF YOU'RE GONNA DO THIS, THEY'LL SEND US DRAWINGS OF WHAT IT PLANS, DRAWINGS.
THIS SEEMS TO HAVE ONE OF THE THICKEST PRESENTATIONS WITH THE LEAST AMOUNT OF INFORMATION TO BE CONFUSING BY NATURE.
WHICH I NOTICED THAT ABOUT IS THE NUMBERS THEY WERE PRESENTED.
THE NUMBERS WERE PRESENTED IN A SERIOUSLY CONFUSING MANNER.
WHEN FEBRUARY MEETING FEBRUARY 15TH, 15.
CHECK MY CALENDAR TO MAKE SURE I'M NOT NARROWS OUT.
MY HUSBAND'S WAITING TO LIGHT CANDLES WITH ME.
2014 IS, IT'S GOING FEBRUARY, RIGHT? THE EIGHTH DAY OF HANUKKAH'S GONNA BE OVER NIGHT.
HANUKKAH'S GONNA BE OVER BEFORE I GET HOME TO LIGHT THE CANDLES.
I THANK YOU YOU TO GET AN A DIVINE EXEMPTION.
I'M GONNA DROP THAT UNDERNEATH YOUR CHAIR.
SO WHAT ARE WE DOING WITH THIS ONE GUYS? I THOUGHT WE'VE GOT A NO VOTE.
YEAH, I THOUGHT I WAS BUT NOBODY WAS JOINING ME.
WHAT IN A NO VOTE OR NO POSTPONE? POSTPONE WAS BUSY WRITING.
OH, WELL YOU HAVE A NO AND TO POSTPONE, YOU DON'T HAVE THREE PEOPLE, SO YOU'RE GONNA HAVE TO OH, OKAY.
AND I WAS THINKING YOU, YOU DON'T HAVE FOUR I SHOULD SAY.
SO WHY DON'T WE DO THAT AND ASK THEM FOR MORE INFORMATION.
WHAT TYPE OF INFORMATION WE WANT? ELEVATIONS THE ELEVATION.
WE WANT CLEAR PLANS IN A SITE.
UM, AND WHEN YOU SAY PLANS, ARE YOU LOOKING FOR A SITE PLAN? ARE YOU LOOKING FOR PLANS FOR THE ADDITION? PLANS FOR THE ADDITION FOR ONE THING.
AND SOME EXPLANATION AS TO WHY, WHY THEY'RE GOING SO CLOSE TO THE, WHY THEY HAD TO HAVE THE BREEZEWAY PROPERTY GO OUT SO FAR.
AND WHY THEY, I THINK YOU HAD THE QUESTION OF WHY DO THEY NEED TWO DRIVEWAYS? NO, THAT WAS THE OTHER ONE.
NO, BUT THEY HAVE TWO DRIVEWAYS TOO.
THEY HAVE TWO DRIVEWAYS HERE TOO.
NO, NOBODY SAID THEY HAVE TO DRIVE IN AND THEN GO WELL, THE DEAL WITH THAT WAS IF IT'S NOT IMPACTING IMPERVIOUS SURFACE, IF WE'RE OKAY WITH IT, I'M OKAY WITH IT.
[03:45:01]
I UNDERSTAND.I I MEAN THAT WASN'T AN ISSUE.
IT MAY CONNECT TO IT, BUT IT'S JUST BECAUSE THEY'VE GOT THE WHOLE POND THAT THEY DON'T HIT ANY NUMBERS.
THAT'S WHERE I WAS TRYING TO SAY HOW MUCH OF IT IS BUILDABLE LAND VERSUS NOT.
I, I'M NOT OPPOSED TO THAT DRIVE.
I'M THE, THE, THE BREADTH AND SIZE OF THE HOUSE TO THE PROPERTY LINE.
I JUST THINK THAT'S A LOT THAT THEY'RE ASKING.
BILL, WHAT WERE YOU NOT NO, I I THE DRIVEWAY DOESN'T BOTHER ME, BUT I I'M, I'M LOOKING AT WHAT IS BEING ASKED.
WHAT? OH, YOU MEAN THE STRUCTURE? THE STRUCTURE.
WHY DON'T THEY GO THE OTHER DIRECTION? RIGHT.
BECAUSE PEOPLE, BUT THAT WILL REQUIRE A RELOCATION IN THE DRIVEWAY.
BUT IF THE DRIVEWAY ISN'T PAVED ANYWAY, DOESN'T MATTER.
I'M NOT, I DON'T HAVE A PROBLEM WITH, BUT THEN YOU'RE TALKING ABOUT THE SETBACK OF THE PRINCIPAL BUILDING ON THE SIDE YARD.
25 TO THREE FEET DRIVEWAY, 20 FEET TO ZERO.
HE COULD JUST MOVE IT ALL OVER HERE.
WELL YOU DON'T KNOW HOW THAT LINES UP WITH THE REST OF THE HOUSE, BUT, RIGHT.
AND IT, AND IT MAY BE IT, BUT IT DOESN'T LOOK LIKE IT'S DRAMATICALLY DIFFERENT IN, UH, GRADING.
IF THEY GIVE YOU A BLUEPRINT FOR THE HOUSE, YOU MAY, THEY MAY HAVE COME IN AND ARGUE THAT YOU CAN'T PUT IT THE, THE DRIVEWAY ON THE OTHER SIDE OF THE HOUSE BECAUSE OF THE ROOMS. YOU KNOW, THEY HAVE A GARAGE, THEY DON'T WHATEVER.
'CAUSE THEY'VE GOT ALL THESE LINES, WHICH IS THE FIRST STORY, WHICH IS THE SECOND STORY, WHICH IS, THIS IS A, A VERY DIFFICULT PLAN TO LOOK AT.
OKAY, WELL THAT'S A, THAT'S A DEAD ISSUE ANYWAY BECAUSE YOU VOTED TO ADJOURN.
WE'VE GOT THREE CASES BE, I GUESS IT COULD READ THE FINDING WRITTEN, THE TWO FINDINGS THAT I HAVE.
EIGHT NIGHT OR LATER WHEN I GET HOME, I, THIS ONE WE'RE THROWING OVER.
WHAT DID I, WHICH DO YOU HOW WE START OFF MARKING ON MY AGENDA AND THEN IT APPEARS ON ME AND I START MARKING ON A DIFFERENT ONE.
SO THIS, YEAH, SO WHAT DID WE DECIDE? UM, ON FIRE? GRANTED, I KNOW WE GRANTED IT, BUT, OH, YOU GOT ONE OF THOSE.
WHAT'S INSIDE THEM? I HAVE NO IDEA.
THIS WAS LEGALIZING THE EXISTING PATIO AND THEN THE OTHER ONE WAS, WE HAVE COOKIES UP HERE.
I'M TRYING TO LURE ALL OF YOU BACK TO YOUR SEATS.
[03:50:01]
OH, IS THAT WHAT YOU'RE DOING,AND THIS ONE IS, DO WE HAVE ANY OTHER CASES THAT ARE SHOWING UP FOR NEXT ONE? BESIDES NO.
I THINK WE'RE GONNA HAVE TWO NEW CASES.
YEAH, THAT'S, YEAH, BUT ONE'S, ONE'S FOR MY WAY AROUND.
NO, I DON'T EAT COOKIES UNLESS I KNOW WHAT'S IN THEM.
NOW WHERE ARE THE PEOPLE IN THE OTHER ROOM? THE SOUND PEOPLE? THEY'RE IN THIS ROOM.
WHICH ONE THINK I WAS OFFERING EVERYBODY THEY GOING TO, THEY DO.
SO JANUARY SHARE WITH ANYBODY.
SHE RUNS AROUND BLACK COAT ALL THE TIME.
I HAVE TO HAVE EIGHT HOUR WINDOW BETWEEN SHIFTS.
ALRIGHT, THIS YOU WANT A GLU COOKIE? COOKIES.
STEVE, YOUR WRITING ALL I WOULD PREFER CHRISTIE ROW, RIGHT? YES.
WHO'S WRITING THE THIRD? GOT WHAT? THIRD WHAT? I'VE ONLY EATEN ONE, BUT THE DIABETIC POLICE ONES OVER.
OH IS THIS, I'LL TURN MY HEAD.
IS THIS WOMAN RELATED TO YOU? ARE YOU TOO RELATED? YEAH, BUT THAT'S OKAY.
I OFFERED, SHE SAID SHE'S PRE-DIABETIC.
I'M NOT GONNA BE A PARTY TO THIS ISSUE.
DON'T HER MOTHER DAUGHTER THING.
WHAT YOU CAN DO IS JUST, JUST READ THE MOTIONS AND HAND IN THE, THE UH FINDINGS.
THAT'LL GIVE ME MORE TIME TO DOVE INTO THIS.
RIGHT? UM, SEE IF WE HAVE TO NOTIFY HIM THE WHOLE TIME.
YEAH, I HAVEN'T BEEN TOLD THIS.
I'M GONNA STAY HERE AS LONG AS I'M LIKE CHILLY.
[03:55:04]
I HAVE MY GLASSES ON.SO WE ARE BACK WITH THE RESULTS OF OUR DELIBERATIONS.
AND THE FIRST CASE ON TONIGHT'S AGENDA CASE 23 14 4 50 SEEKER ROAD, WHICH IS HARTSDALE GREENHOUSES IS ADJOURNED FOR ALL PURPOSES TO THE MEETING OF JANUARY 18TH.
FEBRUARY FE, FEBRUARY, FEBRUARY, FEBRUARY, FEBRUARY.
UM, OUR NEXT CASE, OUR NEXT TWO CASES, I SHOULD SAY 2321 AND 2322 FAIL INDUSTRIES INCORPORATED.
AND THAT IS ADJOURNED FOR ALL PURPOSES TO JANUARY 18TH, 2024.
THE NEXT CASE ON OUR AGENDA IS 2329 CINDY AND DOUGLAS COLLINS.
AND WITH RESPECT TO THAT, THE GREENBERG ZBA HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO SEEK COMPLIANCE AND NOW THEREFORE BE IT RESOLVED.
THAT SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SEEK CONSIDERATION.
ANYONE WANTS TO SECOND MOTION? I SHE SECONDED.
AND WHO HAS A MOTION? UM, I DO MADAM CHAIR.
I MOVE THAT THE APPLICATION IN CASE NUMBER 23 DASH 29 BE GRANTED PROVIDED THAT THE APPLICANTS OBTAIN ALL NECESSARY APPROVALS AND FILE.
SAME WITH THE BILLING DEPARTMENT.
THAT CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED APRIL 28TH, 2022 AND LAST REVISED ON DECEMBER 4TH, 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 IN WHAT WE ARE GRANTING HEREIN AND THAT THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY, THAT THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
FURTHER THE FOLLOWING CONDITIONS SHALL BE MET.
PROPER STORMWATER DRAINAGE MEASURES BE UNDERTAKEN TO MITIGATE STORMWATER RUNOFF SUCH AS CALTECH DRAINS AND LANDSCAPING AND TERRACE OR SUCH MEASURES AS DICTATED BY THE PLANNING BOARD.
WE ARE GOING TO WAIVE READING OF THE FINDINGS WITH RESPECT TO THIS MATTER GIVEN THE TIME CONSTRAINTS THAT WE HAVE SINCE WE HAD A MOTION.
DID YOU, DID YOU VOTE ON IT? OH I THOUGHT WE DID.
DO WE HAVE A SECOND ON THE MOTION? SECOND.
AND AS I WAS ABOUT TO SAY, WE HAD A SOMEWHAT UH, RIGOROUS DEBATE DISCUSSION
[04:00:01]
ALSO.SO THE NEXT CASE WE HAVE IS CASE 2330 GREG ANDERSON.
AND WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SEEKING COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SEEK OF CONSIDERATION.
AND DO I HAVE A MOTION? YES MA'AM.
CHAIR I, I MOVE THAT THE APPLICATION IN CASE NUMBER 23 DASH 30 BE GRANTED PROVIDED THAT ONE THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILED THE SAME WITH THE BUILDING DEPARTMENT.
CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED MAY 30TH, 2023 AND STAMPED AND RECEIVED OCTOBER 23RD, 2023.
SUBMITTED 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 QUANTIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN THAT.
WHAT WE ARE GRANTING HEREIN THE VARIANCE BEING GRANTED IS FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.
ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
ALL IN FAVOR A AYE CHAIR BOTH AYE.
AND AGAIN, WE'LL WAIVE THE FINDINGS AND MOVE ON.
AND THE NEXT CASE IS CASE 2331.
AND WHEREAS THE GREENBERG CVA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SEEKING COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIREMENT, NO FURTHER SEEKING CONSIDERATION.
AND DO WE HAVE A MOTION? UH, YES.
I MOVE THAT THE APPLICATION IN CASE NUMBER 2331 BE GRANTED.
PROVIDED THAT ONE, THE APPLICANT OBTAINED 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 REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED FEBRUARY 14TH, 2023 SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.
ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
AND AGAIN, WE WAIVE THE FINDINGS AND THE LAST CASE ON TONIGHT'S AGENDA IS CASE 2332 ELIZABETH AND JUSTIN LEE.
AND THAT IS ADJOURNED FOR ALL PURPOSES TO THE MEETING OF JANUARY 18TH, 2024.
AND WITH THAT, I BELIEVE WE HAD COVERED THIS ENTIRE YEAR, BELIEVE IT OR NOT.
HAPPY HOLIDAYS TO EVERYONE AND HAPPY NEW YEAR AND GOOD TIDINGS.