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[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS *DRAFT* AGENDA THURSDAY, February 15, 2024 – 7:00 P.M. ]
CONSTITUENCY TONIGHT.AS YOU KNOW, THIS IS THE ZONING BOARD OF APPEALS.
I KNOW THERE'S ANOTHER MEETING HERE, SO I JUST WANNA MAKE SURE THAT YOU'RE ALL IN THE RIGHT MEETING.
AS YOU CAN SEE FROM THE AGENDA, WE HAVE SEVERAL CASES ON THE AGENDA, EXACTLY.
HOWEVER, AS YOU CAN SEE, ALSO CASE 2332, JUSTIN AND ELIZABETH LEE, THAT HAS BEEN ADJOURNED AS OF RIGHT TO MARCH 21ST.
AND ALSO THE CASE OF GREGORY AND LEON CASE 2333, THAT HAS REQUESTED AN ADJOURNMENT TO MARCH 21ST, 2024.
IS THERE ANYONE HERE WHO HAD ANY INTENTIONS OF ADDRESSING EITHER OF THOSE CASES? OKAY.
AND THEY ARE INTENDING REMOTELY.
UM, THAT CONCLUDES OUR ROLL CALL.
I'M SORRY, WITH THE EXCEPTION OF PAULINE MOSLEY, WHO IS ABSENT TODAY AS WELL.
BEFORE WE PROCEED THIS EVENING, WITH THE FIRST CASE, I JUST WANT TO ADVISE EVERYONE THAT, UM, WE ARE GOING TO, WITH RESPECT TO THE CASES THIS EVENING, LIMIT THE AMOUNT OF TIME, BECAUSE WE DO HAVE A LOT OF SPACE WE HAVE TO COVER, AS WELL AS NOT ONLY CASES THAT HAVE BEEN HERE BEFORE, BUT NEW CASES THAT ARE HERE.
AND I'M SURE THAT THE APPLICANTS ARE WAITING TO ALSO ADDRESS THOSE.
SO WE ARE GOING TO LIMIT THE APPLICANT'S APPLICATIONS TO 10 MINUTES, AND THAT WOULD BE FOR THE APPLICATION.
AND, AND IF THERE'S ANY OPPOSITION TO THAT, WE, WE'VE LISTENED TO THE OPPOSITION.
10 MINUTES FOR CASES THAT HAVE BEEN PRESENTED.
ANY INFORMATION THAT HAS BEEN PRESENTED EITHER BY, BY EVIDENCE TESTIMONY OR BY WRITTEN TESTIMONY PRESENTED TO THIS BOARD HAS BEEN REVIEWED, PLEASE DO NOT GO OVER THAT BECAUSE WE WANT TO TRY AND REALLY GET THROUGH THIS AS SOON AS WE CAN POSSIBLY AND GET SOME RESOLUTION AS TO AS MUCH AS WE CAN RESOLVE.
SO, I ASK YOU TO COME UP TO THE, TO THE MICROPHONE.
I RECOGNIZE THAT THERE ARE A LOT OF PEOPLE, YOU MAY HAVE TROUBLE GETTING OUT OF THE SEAT IF YOU WANT TO SAY SOMETHING, BUT IF YOU SAY SOMETHING AND YOU'RE NOT NEAR THE MIC, IT'S NOT ON THE PHONE OR NOT ON THE MICROPHONE, AND THEREFORE IT DOES NOT BECOME PART OF THE RECORD.
SO PLEASE, IF YOU DO HAVE SOMETHING, YOU SAY, GET UP.
AND AS WE HAVE SAID IN THE PAST, PLEASE PROVIDE THE INFORMATION IF YOU ARE NOT AN APPLICANT AS TO WHO YOU ARE.
AND IF NECESSARY, SPELL YOUR NAME FOR THE RECORD SO IT CAN BE TAKEN DOWN ALSO THE NEXT, IF, IF IN, I'M SORRY, I'M HAVING TROUBLE WITH MY VOICE TONIGHT, BUT WHEN WE HEAR THE APPLICATIONS AND WHAT HAS BEEN PRESENTED TO US THIS EVENING, WE WILL THEN DELIBERATE.
YOU ARE ALLOWED TO DELIBERATE.
YOU'RE ALLOWED TO LISTEN TO OUR DELIBERATIONS.
AND AT THAT TIME, PLEASE DO NOT INTERFERE, MAKE ANY COMMENTS, SAY ANYTHING OR DISTURB US IN ANY WAY.
BUT YOU CAN LISTEN TO WHAT WE ARE SAYING.
WE THEN COME BACK AND PUT IT ON THE RECORD AS TO WHAT OUR DECISIONS ARE, IF ANY.
THE NEXT MEETING OF THE ZONING BOARD OF APPEAL IS MARCH 30, MARCH 21ST, 2024.
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ALRIGHT, SO LET'S GO TO CASE 23.GREG? UH, IS THERE AN A? IS THERE BEEN 14? I'M SORRY.
DID I SAY 14? NO, YOU SAID NO.
BE ADJOURNED TO THE MEETING OF MARCH 21ST, 2024.
ALL IN FAVOR? A AYE, UH, CHAIR OUTSIDE.
SO THAT WILL BE ADJOURNED TO 20 MARCH 21.
NOW, MOVING TO THE FIRST CASE THAT IS ON OUR AGENDA THIS EVENING IS CASE 23 14 40 50 KER ROAD, HARTSDALE GREENHOUSES.
GOOD EVENING, MADAM CHAIR, MEMBERS OF THE ZONING BOARD OF APPEALS FOR THE RECORD, MY NAME IS LUCIA OCCHIO WITH CUTTING FADER, AND WE REPRESENT HARTSDALE GREENHOUSES.
I'M JOINED TONIGHT BY MY CLIENTS, CAROL AND TONY AVILA.
UM, I WILL MAKE A BRIEF PRESENTATION AND CAROL AND TONY HAVE A BRIEF STATEMENT THAT THEY WOULD LIKE TO MAKE AS WELL.
UM, I WANNA FIRST THANK THE BOARD, UM, AND THE TOWN STAFF FOR THEIR CONTINUED ATTENTION TO THIS APPLICATION.
WE APPRECIATE THE TIME AND EFFORTS THAT YOU HAVE PUT INTO THIS APPLICATION.
UM, WE SUBMITTED A REVISED REQUEST FOR OUR USE VARIANCE WHERE WE WERE REQUESTING THE ABILITY TO SELL FIREWOOD AND MULCH THAT IS PROCESSED OFFSITE SO IT WOULD NOT BE PROCESSED ON THE PREMISES.
UM, AND THOSE SALES WILL BE PHASED OUT OVER 10 YEARS.
AND THE REASON WHY WE'RE ASKING FOR THIS IS, AS YOU'VE HEARD BEFORE, UM, THE HORTICULTURE BUSINESS, UH, HAS SUFFERED OVER THE YEARS FROM COMPETITION FROM OTHER RETAILERS IN BIG BOX STORES THAT CAN SELL OTHER PRODUCTS, UM, AND USE THEIR SIZE AND VOLUME FOR EFFICIENCIES FOR COST CUTTING AND PRICE.
UM, WE PROVIDED AN ARTICLE ABOUT THIS WHERE, UH, MOM AND POP NURSERIES OR FAMILY OWNED NURSERIES ARE, ARE HAVING A HARD TIME DEALING WITH THAT COMPETITION.
UM, THERE WERE THREE NURSERIES HERE IN THE TOWN.
FRANK'S NURSERY, SPRINGBROOK NURSERY AND COOK'S NURSERY, ALL OF WHICH WENT OUT OF BUSINESS BECAUSE OF THIS TYPE OF COMPETITION.
UM, THIS HURTS HARTSDALE GREENHOUSES IN TWO WAYS.
ONE, THE COMPETITION IN TWO, THESE OTHER NURSERIES THAT WENT OUTTA BUSINESS WERE CUSTOMERS OF HARSDALE GREENHOUSES.
SO IN ADDITION TO THESE NURSERIES AND OTHER LOCAL NURSERIES GOING OUTTA BUSINESS, THEY, THEY REALLY SUFFERED WITH THEIR HORTICULTURE BUSINESS.
AND THAT'S THE REASON WHY THEY WERE DEPENDENT ON THEIR, UH, FIREWOOD AND MULCH SALES TO KEEP THEIR BUSINESS AFLOAT.
BUT THEY WOULD LIKE TO BUILD UP THEIR HORTICULTURAL SALES, UM, TO TRY AND KEEP THEIR BUSINESS, UH, VIABLE.
UH, HOWEVER, IN ORDER TO DO THAT, THEY DO NEED THE FIREWOOD AND MULCH SALES, UM, TO BE ABLE TO DO THAT.
IT'S A SEASONAL HORTICULTURE BUSINESS IS SEASONAL.
IT WILL TAKE TIME TO BUILD THAT UP.
SO THEY ARE AMENDING THEIR REQUEST TO BE ABLE TO DO THAT.
UM, IT'S ALSO NOTEWORTHY THAT, UH, THIS IS CONSISTENT WITH OTHER DECISIONS BY THIS BOARD FOR OTHER NURSERIES WITH RESPECT TO SALE OF PRODUCTS THAT ARE RELATED TO HORTICULTURE, BUT NOT NECESSARILY GROWN ON THE PREMISES, INCLUDING FIREWOOD, MULCH, GARDENING SUPPLIES, VAS, PRE-MADE DRINKS.
THERE'S A WHOLE LITANY THAT WE HAVE PROVIDED IN OUR APPLICATION WHERE OTHER NURSERIES ALSO DEALING WITH COMPETITION, FELT THAT THEY NEEDED TO BE ABLE TO SELL THESE OTHER PRODUCTS IN ORDER TO TO BE VIABLE.
WE ALSO RESPECTFULLY SUBMIT THAT THE HORTICULTURE USE, IN ADDITION TO THE SALE AND THE OF THE FIREWOOD AND MULCH, WOULD BE LESS IMPACTFUL THAN RESIDENTIAL USE OF THE PREMISES.
UM, IT, THE EIGHT, IT'S IN THE R 10 ZONING DISTRICT.
UM, HOUSES THERE WOULD PROBABLY RESULT IN INCREASED NOISE, INCREASED TRAFFIC, AND MOST CERTAINLY HAVE AN IMPACT ON THE SCHOOL SYSTEM.
SO, AND LASTLY, THROUGHOUT THIS APPLICATION PROCESS, THE AVILAS HAVE TRIED VERY HARD TO ADDRESS, UM, NEIGHBOR'S CONCERNS.
UH, THEY OFFERED QUITE A BIT OF MITIGATION, UH, INCLUDING THE DISCONTINUANCE OF THE WOOD BURNERS.
EVEN THOUGH THOSE WOOD BURNERS WERE NOT USED IN THE PROCESSING OF THE WOODEN MULCH, UH, THEY WERE ONLY USED FOR THE HORTICULTURE BUSINESS.
THEY AGREED TO STOP USING THEM.
THAT COMES AT A FINANCIAL BURDEN TO THEM BECAUSE THEY ESTIMATE THAT IN ORDER TO HEAT THE GREENHOUSES FOR THE HORTICULTURE, THEIR FUEL COSTS WILL
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AT LEAST DOUBLE.SO YOU HAVE A BUSINESS THAT'S ALREADY SUFFERING FROM COMPETITION, AND NOW YOU'VE JUST INCREASED THE COST WITH THAT.
SO THEY ARE REALLY LOOKING TO TRY AND MAINTAIN THEIR BUSINESS.
UM, THEY WILL PHASE OUT THE SALE OF THE FIREWOOD AND MULCH OVER TIME, UM, AND, AND JUST BE IN HARMONY WITH THE NEIGHBORS IN THE NEIGHBORHOOD.
SO WITH THAT, I'LL TURN IT OVER TO CAROL.
GOOD EVENING, MADAM CHAIR, MEMBERS OF THE ZBA.
I JUST WANNA SAY THANK YOU FOR YOUR TIME, CONSIDERATION, AND PATIENCE WITH MY CASE.
I KNOW IT'S BEEN VERY TRYING AND, UM, DIFFICULT, AT LEAST FOR ME, IT HAS.
I ALSO WANNA EXTEND A THANK YOU TO EVERYONE WHO CAME OUT TO SUPPORT ME.
UM, ANYWAY, I, IT HAS TIME, UM, VERY EMOTIONAL.
THE PROPERTY THAT WE'RE SPEAKING ABOUT IS NOT JUST A PIECE OF PROPERTY, NOT JUST A PIECE OF LAND.
IT'S BEEN IN MY FAMILY FOR THREE GENERATIONS.
I HAVE THE FOURTH GENERATION THAT I'M RAISING.
UM, SO I'M EMOTIONALLY ATTACHED THE LAND, UM, NOT ONLY EMOTIONALLY ATTACHED, IT'S, UM, PROVIDED ME OUR LIVELIHOOD, THE ONLY LIVELIHOOD THAT I'VE KNOWN ALL MY LIFE.
SO TO TAKE THAT AWAY WOULD BE, UH, REALLY DIFFICULT FOR US.
UM, WITH THAT BEING SAID, I JUST, UH, WANTED TO MAKE SOME STATEMENTS, UM, FOR PAST CBA MEETINGS THAT HAVE HAPPENED WHERE COMMENTS WERE MADE AND I'VE REALLY NEVER HAD THE CHANCE TO, NEVER HAD THE CHANCE TO ADDRESS IT.
UM, AND I WOULD LIKE TO, BECAUSE I HAVE A FEELING THIS IS GONNA BE THE LAST MEETING.
AND FOR ME, MY INTEGRITY AND REPUTATION IS IMPORTANT AS WELL.
SO, WITHOUT FURTHER ADO,
IN IMPORTANT TOWN AFFAIRS, ONE CAN EXPECT THE PRESIDENT OF SUCH ASSOCIATIONS TO EXERT TREMENDOUS INFLUENCE IN THEIR LOCAL GOVERNMENT AND NEIGHBORHOODS WHEN USED FAIRLY AND JUSTLY.
THIS INFLUENCE CAN BE A OF GREAT BENEFIT, BUT WHEN USED IMPARTIALLY, REAL HARM CAN RESULT JUDGING FROM THE EVIDENCE GATHERED DUE DURING MY OWN EXPERIENCE, OUR SECRET HOME CIVIC ASSOCIATION PRESIDENT, MS. CAROL WILKES, IS NOT ACTING WITH APPROPRIATE NEUTRALITY AND INDEED APPEARS UNWILLING TO WORK TOGETHER WITH OUR COMMUNITY IN ITS ENTIRETY.
THERE HAS BEEN A HISTORY WITH MY FAMILY AND MS. WILKES, WHICH HAS PERSISTED FROM GENERATION TO GENERATION.
PERHAPS A REASON FOR THE ANIMOSITY IS DUE TO THE LEGAL THREATS AND LAWSUITS INITIATED BY MY FATHER YEARS AGO THAT SHE HAS MADE SURE TO PRESENT TO YOU AT NEARLY EACH OF THE ZBA MEETINGS.
I WOULD LIKE TO MAKE IT VERY CLEAR THAT WHEN MY FATHER PASSED AWAY, HIS LAWYERS ASKED ME WHETHER I INTENDED TO PURSUE THESE LEGAL ACTIONS AT THAT TIME, NOT UN UNDERSTANDING MY FATHER'S REASONS FOR BRINGING THEM IN THE FIRST PLACE, AND UNINTERESTED IN ANY LEGAL DRAMA I CHOSE TO DROP THEM.
I REALLY DID NOT UNDERSTAND MY FATHER'S CHOICE FOR THIS PATH.
HOWEVER, AFTER MY OWN EXPERIENCE, IT HAS BROUGHT ME CLARITY TO THIS DECISION.
MS. WILKES PRESENTS A FALSE NARRATIVE WHEN SHE REFERS TO THE LAWSUIT AT THE JUNE ZBA MEETING WHEN SHE SAYS, WE'VE GOT THE TOWN TO USE ITS GOOD OFFICES TO OBTAIN A DISCHARGE DROP.
IT WAS NOT INFLUENCED BY THE TOWN.
MS. WILKES CONTINUES TO MAKE VERIFIED UNTRUTHFUL STATEMENTS SUCH AS HER CLAIMS AT THE ZBA MEETING THAT HARSDALE GREENHOUSES ARE NO LONGER IN AGRICULTURE.
THE JULY 6TH SUPPLEMENTAL ZBA LETTER SUBMITTED BY MY LAWYER PROVIDES CLEAR EVIDENCE THAT WE ARE IN HORTICULTURE BUSINESS, BOTH IN THE FORM OF EXHIBIT C, SHOWN MULTIPLE PHOTOS OF THE 2023 HORTICULTURE CROP AND EXHIBIT D, A PLANT INSPECTION REPORT CONDUCTED ON MARCH 20TH, 2023 BY THE NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS STATING THAT MY ANNUALS AND VEGETABLE PLANTS WERE INSPECTED AND FOUND FREE OF INVASIVE SPECIES.
PRESIDENT WILKES CHOSE TO DISMISS THE LATTER PROOF.
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SHE REALLY BELIEVE THE NEW YORK STATE DEPARTMENT OF AGRICULTURE INSPECTOR LIED IN HIS REPORT? AND INDEED IN THE LETTER SHE SUBMITTED IN THE ZBA MEET, UH, THE ZBA ON DECEMBER 7TH, 2023, SHE STATES THAT OUR 12.5 ACRES HAVE NOT BEEN USED AGRICULTURALLY FOR SOME DECADES.IT MAKES ME WONDER IF THERE IS AN ULTERIOR MOTIVE TO COMPLETELY PUT ME OUT OF BUSINESS.
THIS CLOSED-MINDEDNESS IS IN LINE WITH WHAT WE OBSERVE DURING THE WEEK OF APRIL 10TH, 2023, WHEN MY HUSBAND AND I ATTEMPTED TO REACH OUT TO THE COMMUNITY BY GOING DOOR TO DOOR TO OUR IMMEDIATE NEIGHBORS, ONE OF WHOM IS MS. WILKES, TO EXPLAIN OUR POSITION AND REQUEST SUPPORT.
WHEN APPROACHED, MS. WILKES REFUSED TO HAVE ANY DISCUSSION WITH US, ACCUSED US OF DIVIDING THE NEIGHBORHOOD AND SHUT THE DOOR IN OUR FACES.
THIS WAS DISAPPOINTINGLY DIFFERENT FROM THE EXPERIENCE WE HAD AT THE MORIARTY RESIDENCE THAT SAME VERY DAY.
MR. MORIARTY RESPECTIVELY EXPRESSED HIS CONCERNS TO US AS A RESULT OF WHICH WE SHUT DOWN THE WOOD BURNERS FROM THAT DAY ON.
AS A RESULT OF HIM, WE SHUT THE WOOD BURNERS DOWN.
WHAT A DIFFERENCE IT IS TO HAVE A DIALOGUE VERSUS HAVING A DOOR SHUT IN OUR FACES.
INCIDENTALLY, I WOULD LIKE TO SUGGEST TO THE BOARD AND OUR COMMUNITY THAT PEOPLE LIKE MR. AND MRS. MORTY ARE BETTER FIT TO BE THE LEADERS OF THE COR HOME CIVIC ASSOCIATION, WHERE CIVIL, FORTHRIGHT SOLUTIONS ORIENTATED DISCUSSIONS ARE WELCOME DISCUSSED.
IN MY CASE AT THE NOVEMBER ZVA MS. WILKES STATES THAT DEALS ARE BEING MADE BEHIND THE SCENE AND THE COMMUNITY IS BEING HUNG OUT TO DRY.
I FIND THIS IRONIC AS ON APRIL 11TH, 2023, I SENT THE CCO HOME CIVIC ASSOCIATION AN EMAIL REQUESTED TO BE INCLUDED TO THE COMMUNITY'S EMAIL.
SINCE I OWN PROPERTY, A HOUSE THAT IS SERVED BY THE CIVIC ASSOCIATION.
TO THIS DAY, I HAVE NOT RECEIVED A SINGLE MESSAGE LEAVING ME TO ASK WHETHER I ALONE AND BEING EXCLUDED.
AND IF SO, WHY OR IF OTHERS ARE BEING LEFT OUT AS WELL.
IF THE SECCO HOME CIVIC ASSOCIATION IS PICKING AND CHOOSING WHO TO SEND NOTIFICATIONS TO, IT IS CLEAR WHO IS REALLY MAKING DEALS BEHIND THE SCENES AND DIVIDING THE NEIGHBORHOOD AND WHO IS BEING HUNG OUT TO DRY AT THE JULY ZBA MEETING, ALL MEMBERS OF THE ZBA BOARD AND THE COMMUNITY AT LARGE WERE PUBLICLY INVITED TO OUR PROPERTY.
WHILE MOST EVERY MEMBER OF THE BOARD DID A SITE VISIT, NOT ONE MEMBER OF THE COMMUNITY TOOK US UP ON THIS INVITATION, NOR DID OUR CCO HOME CIVIC ASSOCIATION.
PRESIDENT CAROL WILKES MADE ANY ATTEMPTS TO VISIT.
WHY NOT HER ENGAGEMENT DEMONSTRATES AN UNWILLINGNESS TO EVEN TRY TO WORK TOWARDS A SOLUTION WITH US.
LASTLY, I WANT TO REGISTER A FENCE AT MS. WILKES PRESUMPTUOUS DISMISSIVE COMMENTS TO THE BOARD AT THE NOVEMBER ZVA MEETING REGARDING THE ADJOURNMENT REQUEST.
CLEARLY FED UP WITH OUR CASE AND OBJECTING TO AN ADJOURNMENT.
SHE SAYS THEY HAVE ALL THE RESOURCES, THIS YOUNG COUPLE.
THEY'RE NOT WITHOUT RESOURCES.
THIS STATEMENT IS FAR FROM THE TRUTH AS WELL AS BESIDES THE POINT.
I HAVE TO WONDER WHAT SHE HOPED TO ACHIEVE BY SAYING IT.
THE TRUTH IS QUITE STRAIGHTFORWARD.
I DO NOT HAVE ALL THE RESOURCES.
I COULD EASILY SAY MS. WILKES HAS ACCUMULATED MANY YEARS OF EXPERIENCE AND PLENTY RESOURCES FROM DEALING WITH MANY CASES BEFORE THE ZBA.
BUT AGAIN, I'M NOT SURE WHERE THAT TAKES US.
I'M NOT STANDING HERE IN SPIRITS OF ANIMOSITY, BUT IN HOPES OF PROVIDING THE BOARD AND MY FELLOW COMMUNITY MEMBERS WITH THE INFORMATION THAT MIGHT, THEY MIGHT NOT KNOW, I AM MERELY TRYING TO SAVE A BUSINESS, MY FAMILY'S PROPERTY AND MY LIVELIHOOD.
I THANK YOU FOR YOUR TIME, ATTENTION AND MOSTLY YOUR PATIENCE.
CAROL WILKE, PRESIDENT SKO HOME CIVIC ASSOCIATION.
SO I WANT TO POINT OUT THERE WAS 13 MINUTES, AND I MUST SAY MADAM
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CHAIR, I'M SURPRISED YOU ALLOWED HER TO GO ON SO LONG.THERE WAS A REAL PERSONAL ATTACK ON MY INTEGRITY, UM, AND MY 40 YEARS OF CIVIC LEADERSHIP.
AND UNFORTUNATELY, UH, MY, THE CGCA WHO WAS ALSO ATTACKED IS NOT HERE TONIGHT BECAUSE, UH, MS. OSHA HAS ILLNESS IN THE FAMILY DOWN IN FLORIDA.
AND MS. LIPSON, WHO IS THE TREASURER, UH, HAS A SICK HUSBAND AT HOME.
SO I'M, I'M IN FACT, I WAS SUPPOSED TO READ THEIR LETTER, UH, UH, TO THE BOARD TONIGHT.
OBVIOUSLY I WILL NOT BE ABLE TO BECAUSE THERE'S NO TIME.
UM, UNFORTUNATELY, UM, MRS. THE VILLAGE JUST DOESN'T SEEM TO UNDERSTAND THE DEMANDS OF A USE VARIANCE.
AND, AND THAT'S WHAT WE HAVE HERE.
SO EVERYTHING IS IS PUT INTO PERSONAL, UH, PERSONAL CIRCUMSTANCES.
I DON'T KNOW HOW TO CORRECT THAT.
UM, AND BY THE WAY, THEY CAME TO THE HOUSE.
THEY WANTED ME TO SIGN THEIR PETITION.
OF COURSE, I'M NOT GOING TO SIGN THEIR PETITION, BUT I'M NOT GOING TO RESPOND POINT BY POINT TO THE, TO THIS LATEST ITERATION.
UM, THIS LATEST REQUEST IS AMBIGUOUS.
IT'S FILLED WITH MISSTATEMENTS AND FALSE FALSEHOODS.
AGAIN, SOMETHING THAT OBVIOUSLY MRS. VILLE AND MR. VILLA DON'T UNDERSTAND, BUT THE LAWYER DOES, AND THE LAWYER KNOWS BETTER.
IT HAS BEEN DEMONSTRATED REPEATEDLY THAT THE BUSINESS AT FOUR 50 CCO ROAD DID NOT EXIST BEFORE CONSTRUCTION OF THE HOMES ON JEAN JENNIFER AND BARBARA LANES.
THE FOUR 50 SITE BEGAN 19 IN 1955.
AND I REALLY, I'M GONNA CUT THIS DOWN.
IT WAS ONLY 11 MINUTES TO BEGIN WITH, BUT I'LL CUT IT DOWN AS MUCH AS POSSIBLE.
PROPERTY RECORDS CONFIRM THOSE FACTS.
IT IS NOT PERMITTED, UH, FOR A BUSINESS AGAIN, TO MOVE FROM ONE SITE TO ANOTHER AND TAKE ITS ZONING WITH US AS, AS THE APPLICANT'S LAWYER SEEMS TO SUGGEST IN THEIR, UM, IN THEIR, UH, PROPOSAL.
AND TO KEEP THINGS SHORT, UM, I DON'T WANNA REPEAT MY REBUTTALS THAT I MADE IN THE PAST TO YOU.
UH, SO I AM INCORPORATING BY REFERENCE MY ENTIRE JULY 20TH 23 STATEMENT OF THE BOARD, WHICH WAS THE SECOND HEARING OF THIS, UM, ON THIS APPLICATION, THIS REVISED APPLICATION, AS DOES THE ORIGINAL ONE, DOES NOT MEET ANY OF THE FOUR TESTS, THE STANDARDS FOR A USE VARIANCE.
AND IT HAS NEVER MET THAT IN DESCRIBING THE, THE DESCRIPTIONS FOR THE USE VARIANCE ARE ALSO NOT ON POINT AND DON'T NECESSARILY USE ACCEPTABLE CRITERIA FOR ESTABLISHING EXCEPTIONS TO THE USE VARIANCE.
AS, AS, UH, IN ORDER TO COMPLY WITH THE NEW YORK STATE RULES OF PROCEDURE FOR, UH, FOR USE VARIANCES, THERE ALSO SEEMS TO BE A CONTRADICTION IN THE, IN THE APPLICATION.
UM, THEY CLAIM THEY ARE, THEY ARE A NURSERY UNDER NEW YORK AGRICULTURAL LAW, BUT THEY NEED A USE VARIANCE IN 10 YEARS TO PROVE THAT.
YET THEY WANNA CONTINUE A WOOD BUSINESS, WHICH UNDERCUTS THAT THEY ARE NOW AND WILL BE IN THE FUTURE, ABLE TO QUALIFY TO OPERATE AS A NURSERY IN A FARM UNREASONABLE RETURN.
THEY HAVE NEVER PROVIDED COMPETENT FINANCIAL EVIDENCE OR DOLLARS AND CENTS PROOF OF SUBSTANTIAL LACK OF RETURN.
WE'RE ALMOST A YEAR NOW WITH THIS APPLICATION, AND THERE'S BEEN REPEATED REQUESTS BY THIS BOARD AND BY THE COMMUNITY FOR VERIFIED FINANCIAL REPORTS OR A COPY OF THEIR STATE OR FEDERAL INCOME TAX RETURNS.
THEY'RE ASKING FOR A LOT FROM THIS BOARD.
THEY'RE ASKING TO, TO PLANT A COM AND CONTINUE A COMMERCIAL OPERATION IN THE HEART OF A SINGLE FAMILY HOUSING.
AND AS YOU KNOW, SINGLE FAMILY HOUSING IS UNDER DIRECT ATTACK.
NOW, UM, I UNDERSTAND THE STATE WANTS MORE HOUSING.
BUT, YOU KNOW, WE MIGHT BE PHASING OUT SINGLE FAMILY HOUSING AND GOING TO MULTIFAMILY HOUSING.
AND THEN IF BOARDS LIKE THIS, THEN CHOOSE TO, UH, ALLOW
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A, A FORMER NURSERY TO BECOME A COMMERCIAL OPERATION.UM, WE DON'T HAVE SINGLE FAMILY HOUSING ANYMORE.
AND THE NEED FOR A VERIFIED FINANCIAL STATEMENT IS, IS DEMONSTRATED BY THE, SOME OF THE FIGURES.
IF I UNDERSTAND THE FIGURES THEY GAVE RECENTLY IN 2022, THEIR COMPLETE EXPENSES, AS THEY SAY, WAS 210,140.
AND THEY WERE OPERATING FOR A WHOLE YEAR IN THIS SUBMISSION.
IN EXHIBIT B, THEIR OPERATION AND GROWING EXPENSES WERE 379,098.
WHEN OSTENSIBLY, THEY WERE OPERATING ONLY ABOUT HALF, HALF A YEAR.
OBVIOUSLY, WE NEED SOME INDEPENDENT ENTITY TO EXPLAIN OR CORRECT THESE APPARENT INCONSISTENCIES.
A AS THE STATE REGULATIONS KNOW, A MERE SHOWING A PRESENT LOSS IS NOT ENOUGH.
THE APPLICANTS MUST DEMONSTRATE THAT RETURN ON THE PROPERTY WOULD NOT BE REASONABLE FOR EACH AND EVERY PERMITTED USE UNDER THE ORDINANCE.
AND COMPETITION DOES NOT ASTAND, WHICH ESTABLISHES LACK OF RETURN.
IF THAT WERE THE CASE, EVERY BUSINESS IN GREENBURG WOULD MEET THE TEST RATHER CREATIVE AND INNOVATIVE BUSINESS PRACTICES WITHIN THE PERMITTED ZONING OR IS MORE APPROPRIATE RESPONSE.
WHEN A BUSINESS IS HAVING TROUBLE LIKE THIS, VERY, THE DALE GREENHOUSES DOESN'T HAVE TO LOOK TO THE BOX STORES, UH, FOR COMPETITION.
THEY JUST LOOK DOWN THE STREET.
WESTCHESTER GREENHOUSES, WHICH SEEMS TO HAVE, THAT'S THEIR FORM OF COMBINED ENTITY.
THEY SEEM TO BE HAVING A THRIVING NURSERY AND FARM BUSINESS.
SO HOW DO THEY PROPOSE TO TAKE ON THAT COMPETITOR WHEN IT'S RIGHT DOWN THE STREET? IF THEY CAN'T, THEN 10 YEARS WOULD NOT SUFFICE TO REVIVE THEIR HORTICULTURAL BUSINESS.
ARE WE TO BE IN CONFRONTED WITH CONTINUOUS DEMANDS FOR AMENDMENTS TO THEIR USE VARIANCE OF SHOULD YOU DEEM NECESSARY TO GRANT THEM ONE? CERTAINLY THAT'S WHAT WESTCHESTER GREENHOUSES IS DOING.
THEY KEEP COMING BACK FOR AMENDMENTS TO THEIR USE.
SO THAT INCREASES THE OPERATIONAL AND THE BUSINESS, UH, BUSINESS PART OF THE, UH, OF THE, UM, OPERATION.
WHY WOULDN'T YOU PUT MY COMMUNITY THROUGH THIS? WE'LL HAVE TO DEFEND OURSELVES REPEATEDLY FOR THE ADDITIONAL AMENDMENTS, UNIQUE CIRCUMSTANCES.
DID YOU SAY WESTCHESTER GREENHOUSE? YES.
WESTCHESTER OR HARTSDALE GREEN? NO, WESTCHESTER.
WESTCHESTER GREENHOUSES IS RIGHT OFF.
AND WHEN THE, WHEN THE PATRIARCH DIED, THERE WAS A DIVISION OF, OF, OF RESPONSIBILITIES AND LAND, I ASSUME.
UM, SO THE BROTHER TOOK OVER THE NURSERY BUSINESS AND IT SEEMS TO BE THRIVING FROM WHAT I SEE.
IT'S RIGHT OFF WEST HARSDALE AVENUE AND SECOR.
YOU DON'T KNOW WHERE THAT IS, MR. KULA? UM, NO, WHAT I WAS ASKING.
IT'S LIKE HALF A BLOCK OF A BLOCK DOWN.
NO, I THAT'S NOT WHAT HE'S ASKING.
WHAT? THAT'S NOT WHAT HE'S ASKING.
UH, UM, I MIGHT HAVE BEEN MISTAKEN, BUT I THOUGHT I HEARD YOU SAY THAT WESTCHESTER GREENHOUSES WAS ASKING BEFORE A USE VARIANCE.
OH, THEY, IN WHAT THEY SUBMIT THEY DID AT ONE POINT, UM, MANY YEARS AGO.
AND IT'S IN THEIR, UM, THEIR APPLICATION.
THEY SHOW YOU, UM, THREE, I THINK FOUR APPLICA APPLICATIONS BEFORE THE ZONING BOARD.
THIS IS PRIOR TO THIS PARTICULAR, UM, ZONING BOARD.
AND THEY KEPT, THEY KEEP COMING BACK.
IT'S RIGHT IN, UH, UH, I GUESS IT'S APPENDIX C.
IF YOU LOOK AT THOSE WESTCHESTER GREEN LIGHT GREENHOUSES HAS COME BACK A COUPLE OF TIMES FOR AMENDMENTS OR EXTENSION OF THE USE, THEIR USE VARIANCE 'CAUSE THEY WANTED TO SELL SOME MORE, MORE STUFF.
UH, THEY KEEP SAYING THEY WERE CARRYING ON THIS BUSINESS FOR 68 YEARS, BOTH THE CGCA, THE COUNCIL OF GREENBURG CIVIL ASSOCIATIONS, AND, AND THE C CORPS HAVE MAINTAINED THAT THAT'S NOT TRUE.
NOW THEY MAINTAIN THE HARDSHIP IS THE CONED TO TRANSMISSION LINES AND THE SPRAYING BROOK PARKWAY.
WELL, THAT DOESN'T WORK EITHER BECAUSE THERE'S A POET'S CORNER DEVELOPMENT RIGHT ACROSS THE STREET FROM THEM, ACROSS FROM THE PARKWAY.
AND THEY'VE BEEN IN, THEY'VE BEEN ADJACENT TO THE PARKWAY FOR, FOR 40 YEARS NOW.
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IN ADDITION, YOU JUST LOOK AT THE CHELSEA SENIOR LIVING FACILITY IN DOBBS FERRY ROAD.THEY WERE, IT'S RIGHT UNDER THE TRANSMISSION LINES OR THE ELMWOOD PRESERVE AND DOBBS FERRY ROAD, WHICH JUST, JUST RECEIVED SUBDIVISION APPROVAL FOR 113 HOMES OR LEY CHASE, WHICH HAD, UM, ABOUT 10 YEARS AGO.
THEY WERE OFF OF UNDERHILL, UH, UNDERHILL ROAD OR LEY PRESERVE.
ALL THROUGHOUT THIS TOWN, THERE WERE HOMES UNDERNEATH CONED TRANSMISSION LINES ESSENTIAL CHARACTER OF THE NEIGHBORHOOD.
IT HAS TAKEN 15 YEARS AND A RECONSTITUTED AN EFFECTIVE BUILDING DEPARTMENT TO FINALLY HAVE, UH, FOR OUR COMMUNITY, HAVE SOME SUCCESS IN ACHIEVING CLEAN AIR AND A RETURN TO THE RELATIVE QUIET OF A RESIDENTIAL COMMUNITY.
WE WOULD BE HARD PRESSED TO ACCEPT THEIR PROMISES THAT THE AMENDED USE VARIANCE REQUESTS WILL NOT ALTER, ALTER THE ESSENTIAL CHARACTER OF THIS NEIGHBORHOOD.
THE APPLICATION IS FULL OF PROMISES AND CONTAINS SIGNIFICANT MATERIAL MISSTATEMENTS AND FORCE THE WOOD AND MULCH PROCESSING EQUIPMENT, I AM TOLD.
AND THE OUTDOOR WOOD BOILERS HAVE BEEN DISCONNECTED, BUT TO OUR KNOWLEDGE, THEY HAVE NOT BEEN DISASSEMBLED OR REMOVED FROM THE PROPERTY.
AND ONCE A USE VARIANCE IS GRANTED, THE COMMUNITY LOSES ITS ABILITY TO EFFECTIVELY REBUT REPEATED VARIANCE REQUESTS, WHICH ARE COMING, WHICH WOULD COME FROM DALE GREENHOUSES, AND WHICH WESTCHESTER GREENHOUSES TOOK ADVANTAGE, TOOK, UH, ALSO STORED.
AGAIN, IF YOU LOOK AT THE, UM, APPENDIX, UH, EXHIBIT C, YOU'LL SEE THAT IN THEIR APPLICATION, MR. CHRISTOL AND CERTAINLY A REASONABLE PERSON WOULD ARGUE THAT THE SINGLE FAMILY HOUSING IS NOT NOISY OR CREATES MORE TRAFFIC THAN A COMMERCIAL ENTERPRISE WITH TRUCKS DELIVERING WOOD AND OTHER SUPPLIES TO THE PROPERTY.
AND YES, THERE WILL BE AN IMPACT IF THERE THIS REVERSE TO SINGLE FAMILY HOMES.
THERE WILL BE AN IMPACT ON THE SCHOOL SYSTEM.
GREENBURG SEVEN WOULD WELCOME ADDITIONAL STUDENTS.
THEY WOULD WELCOME THE ADDITIONAL TAX REVENUE THAT COMES FROM SINGLE FAMILY HOMES.
SO THE HARSDALE PROPERTY DOES NOT LIGHTEN OUR TAX BURDEN.
AGRICULTURAL TAX EXEMPTION DOES NOT HELP A COMMUNITY.
THE FACT THAT THERE, BACK OF THE, THIS PROPERTY IS TWO PARCELS.
THE BACK PART WHERE MOST OF THE, I BELIEVE THE WOOD PROCESSING TOOK EFFECT.
UM, THAT'S AN R 30, THAT'S 3.366 ACRE OF LANDS.
THE LAND IS ASSESSED AT $202,000 LAND WITH LESS THAN AN LESS THAN HALF AN ACRE AT 0.2 8, 9 9 AN ACRE HOMES ON JENNIFER LANE, THAT THEIR LAND IS ASSESSED AT 196 $500.
SO WE ARE ASSESSED AT, AT THE SAME SAME RATIO THAT A AGRICULTURAL AND OR COMMERCIAL OUTFIT IS ASSESSED AT.
SO I DON'T SEE HOW YOU CAN SAY THAT WE'RE NOT HARMED.
I'M NOT SAYING YOU, THE APPLICANT WE'RE NOT HARMED BY THE FAVORABLE TAX, UH, INCENTIVES AND BUR AND, AND, UM, EXEMPTIONS THAT THIS PROPERTY HAS.
AND, AND JUST TO REFERENCE, AND I'M ALMOST FINISHED, THE 18 LETTERS OF SUPPORT THAT YOU HAVE IN THE APPLICATION, THEY'RE BASICALLY PAPER.
15 OF THEM ARE FROM PEOPLE WELL OUTSIDE OF OUR NEIGHBORHOOD, THEIR VENDORS, THEIR CONTRACTS, ET CETERA.
IN FACT, ONE OF THE NEIGHBORS IN SECRET HOMES WHO SAW THAT HIS LETTER WAS BEING USED TO SUPPORT THIS APPLICATION WROTE TO KIRA NICHOLS, YOUR SECRETARY, AND WITHDREW HIS LETTER OF SUPPORT.
AND I UNDERSTAND THAT WITHDRAWAL IS IN YOUR FOLDERS.
SO THIS IS DEFINITELY A SELF-CREATED HARDSHIP.
HARSDALE GREENHOUSES CREATED THIS HARSH HARDSHIP WHEN THE PRO PROPERTY WAS SPLIT, WAS SUNED FROM WESTCHESTER
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GREENHOUSES.UH, THE, THE YOUNG COUPLE ESTABLISHED OR FOLKS ON BUILDING A WOOD PROCESSING AND MOOCH BUSINESS, WHICH UNFORTUNATELY WAS NOT PERMISSIBLE ON THIS, ON THIS SITE.
IN FOUR 50 SEACOR ROAD, THEY SEEDED THE PLANT AND NURSERY BUILT BUSINESS TO WESTCHESTER GREENHOUSES.
THE SIBLINGS MADE A BUSINESS DECISION, WHICH TURNED OUT POORLY FOR ONE OF THEM.
AND NEW YORK ZONING PROCEDURES REQUIRE THAT THE COURT SHOULD NOT BE PLACED IN A POSITION OF HAVING TO GUARANTEE THE INVESTMENTS OF CARELESS LAND BUYERS.
FINALLY, AND ALSO ONE THING, YOU CAN'T USE AN ILLEGAL BUSINESS, HOWEVER, INCIPIENT BY VINDICATING AND APPLYING INHERITANCE, INHERITANCE AS A FABRICATED JUSTIFICATION TO SATISFY A TEST FOR A USE VARIANCE.
SO CONSIDERING THAT THE SE L HOMES AND THE COUNCIL OF GREENBURG, UH, CIVIC ASSOCIATIONS HAVE PRE POINTED THIS OUT OVER AND OVER AGAIN, WE FEEL THAT WE'RE WITHIN OUR RIGHTS AND FEEL COMFORTABLE IN RECOMMENDING THAT YOU DENY THIS APPLICATION.
AND WE DO NOT, WE'RE NOT TRYING TO DRIVE THIS YOUNG COUPLE OUT OF BUSINESS.
IF THEY COULD MAKE IT AS A NURSERY AND FINE, BUT PERSONAL ATTACKS ON, ON THE, UH, A CIVIC LEADER WHO'S TRYING HER BEST TO REPRESENT HER COMMUNITY IS, IS IS NOT APPROPRIATE LEADER.
UM, I CAN'T READ THE, 'CAUSE I DON'T HAVE THE TIME, THE CGCA LETTER, BUT I'LL GIVE IT TO, UH, I JUST WANNA MAKE ONE COMMENT.
UM, DID I PAY ANYONE TO COME SUPPORT ME STRAIGHT
I, I, THAT IS JUST ANOTHER FALSE NARRATIVE THAT'S BEING PORTRAYED HERE.
I HAVE TWO NEIGHBORS WHO ARE RIGHT NEXT TO THE PROPERTY.
IF WE KNEW THE SUPPORT WE WOULD GET FROM THEM, WE WILL LAST FROM DAY ONE TO BE HERE.
WE DO NOT WANT TO, WE DON'T WANT IT TO BOTHER THEM.
PLEASE WOULD YOU LISTEN TO THEM? AND THEY WILL TELL YOU IF THEY WILL PAY BECAUSE THAT'S NOT A NICE STATE.
AND I DON'T KNOW IF YOU UNDERSTAND, BECAUSE MY ENGLISH IS OBVIOUSLY NOT THE GREATEST.
BUT PLEASE WOULD YOU TAKE THE TIME, WELL HAVE A RIGHT.
I I REALLY RESENT OF THE PERSONAL ATTACK THAT IS GONNA ALLOW YOU TO CONTINUE.
DO WE WANT, I'LL HAVE TO GET MYSELF.
PLEASE CLOSE THIS AND MAKE A DECISION.
THIS IS NOT THE FORUM FOR WHAT WE ARE HEARING HERE.
WE HAVE TO LOOK AT WHAT THE ZONING LAW SAYS.
NOW, WE'VE BEEN LENIENT BECAUSE I KNOW THAT THIS IS A VERY CONTINGENT, YOU KNOW, MATTER ON BOTH SIDES.
AND I DID NOT KNOW THAT MS. AVILA WAS GOING TO GO INTO WHAT SHE DID PUT ON THE RECORD THIS EVENING.
BUT WHAT SHE PUT ON THE RECORD THIS EVENING REALLY IS NOT SOMETHING THAT WE ARE ADDRESSING OR HAVE ANY MEANS OF, UH, USING IT WITH RESPECT TO WHAT OUR DECISIONS WILL BE.
IF YOU WANT TO HAVE THE NEIGHBORHOOD, THE COMMUNITY, THE TOWN TO BE AWARE OF THIS, PERHAPS THIS IS SOMETHING THAT SHOULD BE BROUGHT AT A, AT A MEETING BEFORE THE TOWN AS OPPOSED TO US.
WE ARE NOT A, WE'RE NOT A VEHICLE THAT'S GOING TO ASSIST IN EITHER HELPING OR DAMNING ANY OF THIS.
BUT WE NEED TO MOVE ON THIS EVENING TO GET TO WHAT THIS CASE IS ABOUT.
SIR, IF YOU WANT TO REPRESENT, AND THIS IS SOMETHING THAT I, I, I WANNA LOOK AND FIND OUT IF YOU WANNA REPRESENT THE OTHER
[00:40:01]
INDIVIDUALS WHO ARE OUT THERE THAT ARE IN SUPPORT OF THE REVEALERS.CAN I SEE, UH, SHOWING OF HANDS ENDS? AND WOULD YOU ALLOW THIS GENTLEMAN TO DO THAT? THANK YOU.
GIVE YOUR NAME AND YOUR ADDRESS PLEASE.
UH, YES, UH, LADIES AND GENTLEMEN, GOOD EVENING.
I LIVE AT 27 JENNIFER LANE, RIGHT TOUCH OF THE FARM FCO ROAD, MY PROPERTY AND TO, TO THE FARM.
THE WAY THESE PEOPLE WORKING, THEY WILL TRY TO SUPPORT THE FAMILY, NUMBER ONE.
AND THEY TRY TO DO THE BEST THEY CAN TO SURVIVE.
THIS LADY, WHATEVER SHE SAYS IS NOT TRUE BECAUSE SHE LIVE HALF A MILE AWAY FROM THE THE FARM.
SHE'S REPRESENTED THE WHOLE BLOCK.
HOW COME NO BLOCK IS HERE? NOT TOO MANY PEOPLE IS, CAN LIVE IN JENNIFER LANE OR BARBARA LANE OR REGINA LANE.
HOW COME? SHE'S THE ONLY ONE? IT'S NOT FAIR.
THESE PEOPLE THAT TRIED TO SURVIVE IN THERE, THEY TRY TO DO THE BEST THEY CAN AND FOR THE GOVERNMENT AND FOR THE BOARD THAT THEY COULD DO SOMETHING ABOUT IT.
TO STAY WITH THIS FAMILY IS THE RIGHT THING TO DO BECAUSE THIS IS THE FOURTH GENERATION.
MATTER OF FACT, I GOTTA TELL YOU SOMETHING ELSE.
WHEN THEY CUT THE WOOD, I UNDERSTAND THEY MAKE A NOISE.
THEY TRIED MAYBE TO GET A BETTER EQUIPMENT EVERY TIME I GOT COMPANY, BECAUSE I GOT A COMPANY, A LOT OF COMPANY IN THE SUMMER, MY BACKYARD, THAT FACE TO THE MACHINE WHERE THEY CUT THE WOOD.
I GO OVER THERE OR I CALL HIM, I SAY, DO ME A FAVOR, WOULD YOU STOP AT THIS NOISE? I'M TALKING ABOUT SATURDAY OR SUNDAY.
YOU COULD STOP AT THISNO FROM ONE O'CLOCK TO FOUR O'CLOCK OR FIVE O'CLOCK.
ISN'T NOT FAIR DESTROYING A FAMILY.
EMILY DESTROY THE, THE, THE, THE GENERATION FOUR GENERATION.
SO THESE PEOPLE, THERE'S SO MANY THEIR OWN BUSINESS BECAUSE THEY LIVE HALF A MILE AWAY FROM THERE.
I NEVER, BECAUSE I LIKE THESE PEOPLE, THE WORKING PEOPLE, THEY'RE NOT BUMED.
ANOTHER THING, IF YOU GUYS ARE FORCED FOR THESE PEOPLE SELL THE PROPERTY 'CAUSE THEY CAN'T PAY THE BILLS.
WHAT DO YOU THINK IS GONNA BE IN THERE? PORTABLE HOUSE, LOW INCOME HOUSE.
WHAT'S GONNA HAPPEN? THEY'RE GONNA STEAL HIS HOUSE.
SO I WILL SAY TO YOU GUYS, GET TOGETHER, GIVE A FAIR THINGS TO THE LADY FISH.
SHE HAVE TO CHANGE A LOT OF, LOT OF, A LOT OF EQUIPMENT TO DO THE WORK.
THEY COULD DO IT BUT NOT DESTROY THIS FAMILY.
NOBODY, NOBODY LIKE DESTROY NOBODY ELSE.
BUT THIS LADY, SHE KNOWS I DESTROY PEOPLE.
JUST FOR THE RECORD, DID I MINUTES? YEAH.
IS THERE ANYONE ELSE FROM THE AUDIENCE THAT WANTED TO COMMENT? I THOUGHT THAT YOU HAD YOUR HAND UP EARLIER, SIR.
I, MY NAME'S ROBERT STOCKWELL.
I'M EXACTLY, THEY BEHIND ME AND THEY ACTUALLY HAVE ANOTHER HOUSE NEXT TO ME.
SO THEY'RE MY NEIGHBOR ON TWO SIDES LIVE IN GREAT NEIGHBORS.
SO I JUST WANT TO VOICE, YOU KNOW THAT A LOT OF THESE PEOPLE HERE TODAY ACTUALLY DON'T HAVE A PROBLEM WITH IT.
AND THE FACT THAT THEY'RE GOING AS FAR AS THEY ARE TO GO PAST THE MITIGATION THAT THEY'RE WILLING TO DO, LIKE IT, YOU'RE TALKING ABOUT A LOT OF MONEY THAT THEY'RE WILLING TO THROW OUT THE DOOR JUST TO, TO PLEASE THE NEIGHBORHOOD.
I THINK, I DON'T KNOW WHAT ELSE YOU ASKED FOR.
I DON'T UNDERSTAND WHY THERE ARE STILL SOME NEIGHBORS IN OUR PROPERTY THAT, THAT WANT TO TAKE IT EVEN THAT MUCH FURTHER.
WE WANT TO TAKE IT AND DESTROY AND NOISE.
SINGLE FAMILY HOUSES WON'T CAUSE MORE NOISE.
A BUSINESS STOPS AT FIVE, SIX O'CLOCK
[00:45:01]
I THINK.I DON'T KNOW WHAT THEY'RE FIVE OR SIX, MAYBE FIVE O'CLOCK NOW.
THEY DON'T HAVE A LOT OF STUFF GOING ON.
IF WE GET SINGLE FAMILY HOUSES, AND AGAIN, I'LL, I'LL GO WITH CAROL'S POINT.
YOU NEVER KNOW, RIGHT? WE COULD GET DIFFERENT TYPE OF HOUSING BACK THERE.
IS THAT WHAT WE WANT IN A NEIGHBORHOOD? DO WE WANT TO HAVE ALL THIS NOISE ALL NIGHT LONG IN OUR NEIGHBORHOOD? I DON'T, I'M HAPPY WITH THAT.
LET ME HAVE PEACE AND QUIET AT NIGHT SO I CAN SLEEP.
I GOTTA HEAR THE, UH, TRAFFIC.
IF WE COULD GET RID OF THE THROWAWAY, THAT'D BE GREAT.
BUT I DON'T KNOW IF THAT'S AN OPTION, YOU KNOW? WELL, I MEAN THAT'S, THAT'S THE LOUDEST THING WE'RE GONNA HEAR AT NIGHT.
BUT I THINK WITH NEW FAMILY HOUSING, WE'RE GONNA GET A LOT MORE.
SO ANYWAYS, I'M HERE TO SUPPORT THEM.
I, I'D LIKE TO HAVE THEM AS NEIGHBORS, UH, TO CONTINUE.
UM, AND I THINK THIS, UH, IT'S UNJUST WHAT'S, UH, TAKING IT FARTHER THAN, YOU KNOW, THAN IT HAS TO BE, YOU KNOW.
OH, AND CAROL, JUST TO BACK UP A LITTLE BIT ON CAROL, I MEAN, I'M SORRY.
YOU, YOU, YOU REALLY HAVEN'T KEPT US ON THE LIST ANYMORE BECAUSE WE'RE, WE'RE ON THIS TEAM, I GUESS.
AND, AND ALSO, UH, YOU KNOW, SHE TRESPASSED ON THE PROPERTY WHEN I GOT A WOOD, WOOD-BURNING, UH, PIZZA OVEN.
AND THEN THAT WASN'T GOOD ENOUGH BECAUSE SHE GOT CAUGHT.
SO SHE COULDN'T COME DOWN THE DRIVEWAY.
SHE WENT ON THE NEIGHBOR'S PROPERTY AND TOOK PICTURES FROM THE NEIGHBOR'S PROPERTY.
CERTAINLY WE WANT TO KEEP TO THE APPLICATION.
IT'S NOT YOUR MAIN, ALL I WANT TO SAY IS I'M JUST COLLABORATING.
SHE TAKES IT A LITTLE TOO FAR.
I MEAN, I CAN HAVE A CAUSE OF ACTION AGAINST THIS BOARD IF YOU DON'T LET WE WE DID.
THIS IS, BUT I'VE LEARNED ONE THING.
I'VE LEARNED THAT SOME OF THESE NEIGHBORS ARE AFRAID OF LOW COST HOUSING.
AND WE, WE DID CUT THE COMMENTS OFF, SO, OKAY.
JUST SO THAT EVERYBODY UNDERSTANDS AND WE DO APPRECIATE, AND IT'S PART OF OUR PROCESS TO ALLOW PEOPLE TO EXPRESS THEMSELVES.
BUT AS HAS BEEN STATED, THERE ARE CERTAIN TEST FACTORS THAT WE'RE GONNA GONNA LOOK AT IN TERMS OF MAKING DETERMINATION.
THE EMOTION THAT'S IN THE ROOM IS IMPORTANT BECAUSE THAT IS ONE OF THE TEST FACTORS IN TERMS OF WHETHER OR NOT THE, UH, VARIANCE MAY IMPACT THE LOCAL, UH, NATURE OF THE COMMUNITY.
BUT AT THE END OF THE DAY, WHETHER IT'S SOMEONE'S PIZZA OVEN OR
WE, WE HAVE ALLOWED YOU ALL TO SPEAK BECAUSE WE FEEL AS A BOARD AND AS COMMUNITY MEMBERS AS WELL, IT'S IMPORTANT TO BE ABLE TO EXPRESS YOURSELF.
BUT AT THIS POINT WHERE WE ARE IN TERMS OF THE PROCESS IS GOING TO LOOK AT THE TEST FACTORS FOR ISSUING A VARIANCE OR NOT ISSUING ONE AND WHAT IN FACT IS PERMISSIBLE IN THAT ZONE.
SO AT THIS POINT, I DON'T THINK WE REALLY NEED TO HEAR A LOT MORE ABOUT IT.
AND I BELIEVE THAT'S WHAT MADAM CHAIR ASKED IF THERE WAS GONNA BE A SPOKESPERSON FROM THE COMMUNITY THAT WAS IN SUPPORT OF THE APPLICATION TO SPEAK ON BEHALF OF THE HOMEOWNERS.
SO WHATEVER OTHER ISSUES THAT ARE GOING ON, EITHER WE ARE, WE WE'RE SORRY THAT THAT'S HAPPENING.
WE WOULD HOPE THAT THIS WOULD BE A, A MORE COMMUNAL AND, UM, HAPPY EVENT.
BUT AT THIS PARTICULAR POINT, CORDIAL.
UM, BUT WE, WE REALLY ARE NOT, YOU'RE CORRECT.
WE'RE NOT GONNA ALLOW ANY MORE PERSONAL ATTACKS.
OR REBUTTALS ONE WAY OR THE OTHER, BECAUSE THAT'S NOT GONNA CHANGE YOU.
I JUST WANNA POINT OUT, NO, I WANNA POINT OUT ABOUT MY COMMUNITY.
WE ARE A VERY DIVERSE, EXCUSE ME, WE'RE A DIVERSE COMMUNITY.
THIS DOES NOT REPRESENT OUR COMMUNITY.
IT DOES NOT REPRESENT OUR COMMUNITY.
PLEASE, PLEASE, EVERYONE, PLEASE, PLEASE, PLEASE STOP.
IS THERE ANYTHING THAT THE APPLICANT'S COUNSEL WISHES TO SAY AT THIS POINT? NO.
THANK YOU FOR YOUR TIME AND ATTENTION.
SO AS I INDICATED EARLIER, WE WILL DELIBERATE THIS WHEN, AFTER WE'VE GONE THROUGH ALL OF THE OTHER CASES.
SO YOU'RE WELCOME TO SIT HERE, BUT PLEASE NO MORE COMMENTS.
THE NEXT CASE ON OUR AGENDA IS CASE 23, 21 AND 2322 FOUND INDUSTRIES INCORPORATED.
[00:50:29]
MAY I PROCEED MADAM CHAIR? CERTAINLY.MEMBERS OF THE BOARD, DAVID STEINMETZ FROM THE LAW FIRM OF ZIN AND STEINMETZ HERE REPRESENTING FAIL.
I AM DID YOU, DID YOU HEAR THE FACT THAT WE HAVE 10 MINUTES? YEAH, I WAS JUST GONNA ADDRESS IT BECAUSE, AND I'M ONLY, WE'RE ONLY SAYING THAT BECAUSE WE HAVE HEARD, YOU KNOW, AN AWFUL LOT OF INFORMATION AND WE, WE SOMEWHAT KNOW WHAT THE ISSUES ARE AT THIS POINT.
SO LET ME ADDRESS THE PROCEDURE RIGHT AT THE BEGINNING.
UM, I UNDERSTAND WE HAVE BEEN HERE FIVE NIGHTS, MULTIPLE HOURS, MULTIPLE SUBMISSIONS.
I COMPLETELY UNDERSTAND YOUR BOARD WOULD LOVE TO NOT LISTEN TO ME AND MY CLIENTS AND MY WITNESSES.
AT THREE O'CLOCK TODAY I RECEIVED A CONDI, A DRAFT CONDITION NEGATIVE DECLARATION FROM STAFF.
WE HAVE BEEN WORKING WITH THEM TO A POINT OF AS MUCH AS WE COULD COOPERATE.
WE ARE NOW AT A CRITICAL JUNCTURE.
SO I NEED TO STATE AT THE OUTSET, I WOULD URGE YOU NOT TO ADOPT THE CONDITION NEG DECK TONIGHT.
NOT TO DELIBERATE ON THE CONDITION NEG DECK.
TONIGHT AT THE END OF MY PRESENTATION, I'M GONNA RENEW WHAT I'M ASKING.
NOW I'M ASKING YOU IF YOU ARE ONLY GIVING US 10 MINUTES, I'M ASKING YOU TO CONDUCT A SPECIAL MEETING WITH US.
WE NEED, YOU NEED AN HOUR, AN HOUR AND A HALF TO GO THROUGH THE 19 CONDITIONS.
I'M NOT GONNA PUSH YOU TO DO THAT TONIGHT, BUT I AM GONNA TELL YOU, YOU ARE DOING YOUR RECORD AND MY CLIENT A DISSERVICE IF YOU TELL ME I HAVE 10 MINUTES.
I RECEIVED A DOCUMENT THAT'S MULTIPLE PAGES AT THREE O'CLOCK.
SO HERE'S WHAT I'M ASKING FOR PERMISSION.
I HAVE THREE WITNESSES THAT I THINK ARE CRITICAL FOR THEIR TESTIMONY TO GET INTO THE RECORD.
ONE ADDRESSES SAFETY, ONE ADDRESSES ASPHALT, AND ONE ADDRESSES SOME ALLEGATIONS THAT THE TOWN MADE AGAINST AMERICAN PETROLEUM.
THOSE NEED TO BE PRESENTED FOR THE RECORD.
I'LL TAKE CARE OF THAT IN 10 MINUTES.
WE HAVE PLENTY TO SAY ABOUT THE TOWN'S CONDITIONS IF YOU DON'T ALLOW US TO SAY IT TONIGHT, WHICH IT SOUNDS LIKE YOU WON'T AND YOU ADOPT THE CONDITION NECK DECK, YOU'RE PUTTING US ALL IN A BAD SITUATION.
I URGE YOU THERE'S NO REASON TO DO THAT.
SO I'M ASKING FOR THE OPPORTUNITY WHENEVER YOU TELL ME.
TO ALLOW US TO HAVE AN INTELLIGENT AND DELIBERATE CONVERSATION ABOUT THE CONDITIONS OF THE 19 CONDITIONS.
WE AGREE WITH THEM ON NINE OF THEM REQUIRE SOME DISCUSSION.
YOU CAN'T GO AND DELIBERATE IN PUBLIC AND NOT ALLOW US TO DISCUSS IT WITH YOU 'CAUSE YOU WILL DO THE RECORD AND MY CLIENT A DISSERVICE.
SO WITH THAT, HAVING BEEN SAID, MADAM CHAIR, I RESPECTFULLY REQUEST THAT YOU CONSIDER ENTERTAINING A SPECIAL MEETING TO DISCUSS THIS WHEN YOU'RE READY TO DO SO.
I SPECIFICALLY REQUEST THAT YOU DON'T ADOPT AND PUBLISH THE CND AFTER TONIGHT.
AND PLEASE ALLOW ME NINE MINUTES TO PRESENT THREE WITNESSES.
THE FIRST GENTLEMAN THAT I WOULD CALL WOULD BE IRV GILL.
THE REASON I'M CALLING MR. GILL, HE SPOKE AT THE LAST MEETING, BUT HE SPOKE BEFORE THE TOWN PRESENTED A VIDEO SPECIFICALLY DESIGNED TO ADDRESS PILE HEIGHTS AND SITE SAFETY.
WE HAD NOT SEEN IT IN ADVANCE OF THE MEETING.
MR. GILL HAD NO NOTICE OF IT IN ADVANCE OF THE MEETING.
THEREFORE, MR. GILL, WHO IS AN EXPERT, DID NOT HAVE A CHANCE TO SPEAK TO IT.
MR. GILL, HAVE YOU SINCE THAT EVENING, LAST MONTH, HAD AN OPPORTUNITY TO VIEW THE VIDEO THAT TOWN STAFF PLAYED REGARDING THE FACILITY IN CANADA? YES, I DID.
DO YOU HAVE AN OPPORTUNITY TO FORMULATE AN OPINION ABOUT WHETHER THAT DEMONSTRATED SAFETY CONDITIONS THAT ARE SIMILAR OR LACK THEREOF TO FAIL? LACK THEREOF, YES.
COULD YOU EXPLAIN THE DISTINCTION? YES.
UH, WELL FIRST OF ALL, I'LL TRY TO BE AS CONCISE AS I CAN.
UH, THE CONDITIONS IN THAT VIDEO, WERE NOWHERE NEAR WHAT WE HAVE AT THIS SITUATION.
YOU HAVE A LARGE RADIAL STACKER, WHICH IS A PIECE OF MACHINERY THAT MOVES.
IT MAKES A VERY LARGE, HUGE PILE.
AND WE'RE TALKING HUNDRED, THOUSANDS, TONS, HUNDREDS.
THIS IS A PILE THAT'S A HUNDRED FEET IN THE AIR.
THIS IS, THIS IS THREE TIMES THE SIZE OF ANY PILE THERE THAT'S ON THE PROPERTY IN VERTICAL HEIGHT.
SO THEY TALK ABOUT SEVERAL THINGS THERE.
THE ONE KEY FACTOR I TAKE IT WITH, AND I AGREE, I'M GONNA SAY IT WITH SOME OF A LOT OF WHAT THEY SAID THERE.
I AGREED WITH, THEY MADE SOME VERY GOOD POINTS.
WE NEED TO KNOW THAT WE HAVE TO HAVE A HAZARD ON A WORKPLACE THAT'S A LOT DIFFERENT THAN A DANGER.
[00:55:01]
THAT WE'RE POINTING OUT.DANGER IS WHEN YOU'RE ACTIVELY ENGAGED IN THAT RISK, THERE'S A BIG SERIOUS DIFFERENCE.
SO HERE WE HAVE A PILE, UM, WHERE THEY NEVER SAID THE WORD UNDERCUT.
THEY NEVER SAID, THEY SAID THE WORD ANGLE OF REPOSE AND THEY EXPLAINED IT TO YOU VERY WELL, THAT IT'S A LIMIT OF STABILITY.
WHAT THEY DID NOT SHOW YOU WAS HOW THE MACHINERY WAS COMING IN AND EATING INTO THE PILE, CREATING A CLIFF.
BUT IT WAS VISIBLE IN THE BACKGROUND.
I COULD SEE IT, YOU COULD SEE THE PILES WERE UNDERCUT.
YOU COULD SEE THEY WEREN'T AT A NICE PYRAMIDAL SHAPE.
AND THEN EVENTUALLY MATERIAL WOULD SLIDE DOWN.
THE THEY DON'T HAVE THIS HERE.
THEY KEEP THE STOCK, THE THE ANGLE REPOSE NATURALLY.
UM, ONE OF THE THINGS THAT I DID TAKE THAT I WILL POINT OUT THAT I DON'T AGREE WITH AT ALL, AT THE VERY END, THEY MADE A COUPLE OF KEY POINTS, WHICH IS ONE THEY SAID, AND I GUESS THIS IS BECAUSE IT'S CANADA, THEY DON'T HAVE A MINE.
SAFETY AND HEALTH ADMINISTRATION.
AND THE ONE THING THEY SAID IS, UH, ALL PEOPLE ON THE SITE THAT ARE AROUND STOCKPILES SHOULD BE TRAINED, SHOULD BE TRAINED, SHOULD BE TRAINED.
THAT IS NOT AN AMERICAN STANDARD.
AND IT'S DEFINITELY NOT FAIL INDUSTRY STANDARD.
WHY NOT? WELL, FIRST OF ALL, I DO THEIR TRAINING AND SECONDLY, THEY HAVE TO BE TRAINED.
ANYBODY IN THE MINING INDUSTRY AND FAIL MAINTAINS MINING INDUSTRY STANDARDS, SSHA EVEN ON AN OSHA SITE.
AND WE HAVE A TRAINING HOW TO WORK AROUND THE PILES SAFELY.
WHEN YOU HAVE A SAFE WORKING PRACTICES, YOU MITIGATE THOSE HAZARDS.
I DID, I DON'T KNOW WHAT HAPPENED.
I SAW YOU DON'T YOU JUST HATE.
I'M GOING, DON'T YOU JUST HATE SPAM? SO THAT'S ONE OF THE THE KEY FACTORS WE HAVE TO DEAL WITH.
IRV, ONE QUICK FINAL QUESTION.
SURELY ONE TIME, UH, IS SHORT TEMPLE OOD, DO YOU BELIEVE THAT THAT FAIL NEEDS TO ABIDE BY A 30 FOOT MAXIMUM PILE HEIGHT, LET ALONE MEASURED FROM THE TRAVEL WEIGHT TO PAUSE CROSS? NO, THAT, BUT WON'T HELP THE SAFETY FACTORS AT ALL.
WHY NOT? I, I WAS THERE TODAY.
UH, THERE IS NO CHANCE OF ENGULFMENT.
NO MATTER HOW HIGH THE PILES ARE, IF YOU MAINTAIN SAFE PRACTICES, THE AMOUNT OF PROPERTY, THE AMOUNT OF PILES ON THAT PROPERTY WILL BE SET.
JUST AS YOU SAID EARLIER, MADAM CHAIRMAN ABOUT STUDYING SETBACKS.
IT'S, IT'S A MATERIALISTIC PROPERTY OF ALL MATERIALS.
WHEN YOU HAVE THE SETBACKS AND WE ALL ADHERE TO THEM, THAT'S WHAT THE PILE WILL BE.
THEY'RE GONNA BE FOUR ACRES IF THEY'RE GONNA BE SO HIGH.
IF YOU ONLY HAVE ONE ACRE, A PYRAMID'S A LOT LOWER.
IT'S JUST ANY OF THE OTHER FACILITIES THAT YOU INSPECT HAVE ARBITRARY LIMITS ON THEIR BIKES.
IF I HAVE MORE TIME, I WOULD LET YOU GO FURTHER.
AT THE LAST MEETING, THE TOWN STAFF PRESENTED A PHOTOGRAPH OF AN AMERICAN PETROLEUM TRUCK ON MY CLIENT'S PROPERTY.
THEY HAVE ARGUED TO US PRIVATELY IN DISCUSSIONS AS WELL AS PUBLICLY THAT THERE MUST BE SOMETHING WRONG, POTENTIALLY DANGEROUS, IF NOT SUSPICIOUS THAT A TRUCK WITH THE LEGEND AMERICAN PETROLEUM IS ENTERING MY CLIENT'S PROPERTY AND DEPOSITING MATERIAL.
BOY, WE BETTER BE CONCERNED ABOUT THAT.
WE NEED TO REGULATE THAT AND PROHIBIT THAT.
PATRICK DUNN, VICE PRESIDENT OF ENVIRONMENTAL OPERATIONS AT AMERICAN PETROLEUM.
DOES HE NEED TO BE SWORN? DO THESE, I I FORGET WHETHER WE DID THAT LAST TIME.
DO YOU SWEAR TO TELL THE WHOLE TRUTH, NOTHING BUT THE TRUTH, SO HELP YOU? I DO.
ALL UH, OPERATIONS AT OUR FACILITY, UH, ANY, WE MA WE MANAGE ALL WASTE MATERIAL ON SITE.
UH, WE HAVE GEOLOGISTS THAT, UH, FIELD SCREEN, ALL SOILS, ANYTHING THAT COMES OUT, THE PIPING TRENCHES, TANKS OR ANYTHING AT, AT ANY, UH, REMEDIAL SITE THAT WE'RE HANDLING.
UH, THOSE GEOLOGISTS ARE OVERSEEN BY THE STATE THAT COME TO THE SITE REGULARLY AND THEY'RE ALSO IN WESTCHESTER COUNTY.
THE DEPARTMENT OF HEALTH REGULATES AND OVERSEES WHAT WE'RE DOING.
WHAT DO YOU BRING TO THE FAILED SITE? UH, CONCRETE ONLY.
AND WHAT WE DO IS WE PICK UP A LOT OF MATERIAL TO BRING BACK TO THE, TO OUR SITES TO BACKFILL, BACKFILL EXCAVATION.
WHAT DO YOU DO WITH THE CONTAMINATED MATERIAL? IF YOU GO TO AN OIL SPILL SITE, WHAT DO YOU DO? CONTAMINATED MATERIAL IS SEGREGATED ON SITE, STOCKPILED AND SAMPLED.
AND THEN WE HAVE TO HAUL THAT TO A REGULATED, UH, FACILITY THAT ACCEPTS, UH, UH, CONTAMINATED MATERIAL.
AND THAT'S ALL PROCESSED THROUGH STRICT, UH, CHAIN OF CUSTODY.
IT'S ALSO MANIFESTED AND IT'S ALSO SAMPLED AND IT'S ALSO FIELD SCREENED TO PROVE
[01:00:01]
THAT IT IS CONTAMINATED.SO NOTHING REALLY LEAVES OUR SITE.
SO AMERICAN PETROLEUM NOT ONLY BRINGS MATERIAL TO FAIL AND LEAVES IT THERE, YOU ALSO PURCHASE MATERIAL AND TAKE IT AWAY? THAT IS CORRECT.
THE ONLY THING WE BRING FAIL IS CONCRETE, SOLID MATERIAL.
WHAT ABOUT SOIL OR ANYTHING ASSOCIATED? NO SOIL IS THE PERCENT TO EITHER RECYCLING CENTER THAT ACCEPTS IT IF AFTER IT'S SAMPLED AND PROVEN THAT IT'S CLEAN.
AND ALSO THE SAMPLE RESULTS ARE, ARE, ARE SEEN BY REGULATORY AGENCIES BEFORE WE CAN LEAVE THE SITE.
JUST SO THE BOARD AND I UNDERSTAND, IF YOU'RE DIGGING UP SOMEBODY'S TANK IN THEIR BACKYARD, WHY DO YOU HAVE CONCRETE? WHERE'S THE CONCRETE COMING FROM? NOT BACKYARD CONCRETE ONLY COMES FROM SERVICE STATIONS OR, OR, UH, SIDEWALKS.
AND, YOU KNOW, OIL TANKS ARE ON THE SIDEWALKS UNDER DRIVE, DRIVE MATS AT GAS STATIONS.
THOSE ARE THE, THAT'S THE CONCRETE THAT'S UH, GENERATED.
AND YOUR DRIVERS UNDERSTAND WHERE THEY'RE SUPPOSED TO GO WITH THIS MATERIAL? ABSOLUTELY.
AND IT'S ALL, LIKE I SAID, IT'S MANAGED ON SITE BY THE GEOLOGIST AND, AND IT'S NOT, IT'S NOT ALLOWED TO LEAVE THE SITE UNTIL IT'S, UH, SAMPLED IN PROVEN CLEAN.
WE ALSO, UM, VERY BRIEFLY, THERE WAS ALSO A VACUUM TRUCK THAT WAS, UM, DEPICTED BEFORE YOUR BOARD IN A PHOTOGRAPH.
AGAIN, IT WAS RAISED BY STAFF.
WE TRIED TO EXPLAIN THAT THE VACUUM TRUCK IS, UM, PART OF AN OPERATION THAT'S CRITICAL FOR CON EDISON.
I'M GONNA SUBMIT FOR THE RECORD 'CAUSE WE JUST GOT IT AFTER WE WATCHED THE TOWN'S PRESENTATION.
A LETTER FROM PASILICO, I'M GONNA READ THREE SENTENCES.
I THINK BASILICO CIVIL PERFORMS LARGE SCALE CONSTRUCTION PROJECTS, INCLUDING WORK WITH CON EDISON THROUGHOUT WESTCHESTER COUNTY.
FAIL IS ONE OF THE FEW CON EDISON APPROVED MATERIALS, YARD SUPPLIERS TO PICK UP AND DISPOSE OF MATERIALS.
PH'S LOCATION FOR SUPPLYING AND DISPOSAL OF MATERIALS IS CRUCIAL FOR OUR CONTINUED OPERATIONS IN THIS TERRITORY.
WE FULLY UNDERSTAND THE LIMITATIONS OF THE TYPES OF MATERIAL THAT ARE PERMITTED TO BE BROUGHT TO FAIL FOR RECYCLING.
WE WOULD NEVER BRING THEM SLUDGE OR LIQUID WASTE.
THOSE ITEMS ARE BROUGHT TO THE APPROPRIATE RECEIVING FACILITIES.
I WILL SPARE YOU THE OTHER PARAGRAPHS OF THE LETTER.
I'M GONNA HAND THIS TO KIRA TO BE A PART OF THE RECORD.
I'M SUBMITTING THAT MADAM CHAIR, MEMBERS OF THE BOARD SIMPLY BECAUSE THEY'RE, 'CAUSE THERE'VE BEEN ALLEGATIONS, INNUENDOS MAYBE THAT, MAYBE THAT'S TOO STRONG.
MAYBE IT'S JUST CONCERNS FROM TOWN STAFF ABOUT AMERICAN PETROLEUM AND ABOUT A VACUUM TRUCK.
THIS FACILITY'S BEEN OPERATING FOR 26 YEARS.
IT'S NEVER RECEIVED A VIOLATION.
IT'S NEVER HAD A PROBLEM WITH THE DEC.
SO I'M PRESENTING IT SIMPLY TO EDUCATE YOU ON THE TOWN'S STAFF'S CONCERNS ARE MISGUIDED ILL-INFORMED AND FOR US, WITH ALL DUE RESPECT TO THE TOWN STAFF, IT DEMONSTRATES THEIR LACK OF KNOWLEDGE AND EXPERTISE IN WHAT'S HAPPENING AT THIS FACILITY.
UM, YOU MET KEN AT, UM, THE LAST MEETING.
MR. BRENER WORKED FOR THE DEC FOR OVER 35 YEARS.
HE'S, HE'S A VERY PRECISE GUY.
WHEN WE LEAVE, I'LL ELBOW HIM TONIGHT.
I'VE ASKED MR. BRENER TO COME BACK AGAIN BECAUSE AT THE LAST MEETING, TOWN STAFF DEPICTED SOME VISUALS, WHICH I INCLUDED IN MY LAST LETTER TO YOU, AS WELL AS A NARRATIVE REPORT THAT THEY SUBMITTED.
THEY LED YOU TO BELIEVE BASED UPON THAT, THAT THERE'S SOMETHING DANGEROUS AND HAZARDOUS AND WRONG ABOUT HAVING ASPHALT AT THIS RECYCLING FACILITY.
MR. BRENER HAS BEEN ASKED TO RETURN TONIGHT SPECIFICALLY TO ADDRESS WHAT THE TOWN SUBMITTED.
EXPLAIN TO YOU WHY YOU WERE NOT GIVEN THE FULL PICTURE OF WHAT THAT DOCUMENT WAS AND TO CLARIFY SOME CRITICAL SCIENCE FACTS, ELEMENTAL FACTS FROM THAT.
KEN, DID YOU HAVE A CHANCE TO REVIEW? UM, EXCUSE ME, I JUST WANT TO WANNA MAKE ONE STATEMENT.
UM, WE HAVEN'T BEEN LED ANYWHERE.
IT'S MY CHARACTERIZATION FROM THE LAST MEETING THAT TOWN STAFF HAS REPEATEDLY MADE COMMENTS ABOUT THEIR FEAR OF ASPHALT IN THIS PROCEEDING.
SO WHETHER YOU'VE BEEN LED THERE OR NOT, THE RECORD HAS THAT BLEMISH IN IT.
AND JUST, JUST FOR THE RECORD, I'VE BEEN INVOLVED IN THIS MATTER FOR SIX MONTHS.
AT THE BEGINNING, THE TOWN SAID NO ASPHALT, THEN THE TOWN SAID MAYBE WE'D ALLOW ASPHALT.
THEN THE TOWN SAID, WE'LL ALLOW ASPHALT FROM MIXED LOADS.
THEN THE TOWN SAID, WE'LL ALLOW ASPHALT
[01:05:01]
FROM MIXED LOADS FROM PUBLIC ROADS, PUBLIC RIGHT OF WAY AND PUBLIC SIDEWALK.SO THE SIDEWALK IN FRONT OF YOUR HOUSE, SIR? NO GOOD.
YOUR FRONT YARD AND THE MIXED LOADS THAT COME OUTTA YOUR FRONT YARD NO GOOD.
SO HE'S HERE TO ADDRESS TWO THINGS.
ONE, IF YOU WEREN'T LED SOMEWHERE WONDERFUL.
I WANT THE RECORD TO BE CLEAR THAT ASPHALT IS NOT A DANGEROUS MATERIAL.
THAT IT IS WIDELY RECYCLED THROUGHOUT THE UNITED STATES AND THE STATE OF NEW YORK AND WESTCHESTER COUNTY.
AND I WANT THE RECORD TO BE CLEAR THAT ANYONE ARGUING THAT MIXED LOADS SHOULD BE DIFFERENTIATED BASED UPON WHETHER THE GOVERNMENT OWNS THE PROPERTY OR YOU AND I OWN THE PROPERTY.
AGAIN, DOESN'T REALLY UNDERSTAND WHAT WE'RE DEALING WITH HERE.
MR. BRENER, DID YOU HAVE A CHANCE TO REVIEW THE MATERIALS THAT THE TOWN SUBMITTED LAST TIME? YES.
COULD YOU EXPLAIN WHAT THEY WERE AND WHAT YOU FOUND AS UW? THEY PRESENTED AN ARTICLE FROM THE INTERNET OF, IT WAS A LITERATURE REVIEW ABOUT ASPHALT AND HOW FROM THE 13 ARTICLE STUDIES THEY HAVE THERE, SOME OF THE STUDIES SHOW THAT THERE IS SOME HEAVY METALS THAT IS COMING IN THE WATER OFF OF THAT, BUT IT DOESN'T SAYS ABOVE OR BELOW THE REGULATORY LIMITS, BUT DOESN'T SAY WHAT REGULATORY LIMITS THERE ARE.
AND EPA AND DEC HAVE SAID VERY CLEARLY AND THE REGULATIONS THROUGH THE PUBLIC PROCESS, THAT THE WATER THAT COMES OFF OF ASPHALT DOES NOT EXCEED THE GROUNDWATER SURFACE WATER STANDARDS.
WHEN WE, WHEN WE INQUIRED FURTHER WITH THE MATERIALS THAT THE TOWN SUBMITTED, WE DETERMINED THAT THIS REPORT WHERE THESE STUDIES WERE GENERATED, WHERE THAT THERE WERE DIFFERENT STUDIES, MOST OF THEM, MANY OF THEM WERE FROM OUT OF THE COUNTRY.
THE ARTICLE DID SAY ABOUT THE, THE ONE REASON THEY MAY HAVE A HIGH NUMBERS IS BECAUSE IT WAS MIXED IN WITH INCINERATOR ASH FROM GARBAGE OR WOOD ASH OR, UM, CATHETER RAY TUBES OR FROM FLY ASH.
I'VE BEEN INVOLVED IN DEC FOR A LONG TIME AND THE REGULATIONS, THE PREVIOUS REGULATIONS AND THE CURRENT REGULATIONS DO NOT HAVE A PREDETERMINED BUD TO ALLOW ANY OF THOSE FOUR MATERIALS TO BE PLACED INTO ASPHALT.
SO THE ONLY WAY TO DO THAT IS TO GO UNDER WHAT'S CALLED THE CASE SPECIFIC BENEFICIAL USE DETERMINATION.
AND I LOOKED AT THE RECORDS FOR THE, THE CASE SPECIFIC BENEFICIAL USE DETERMINATIONS GOING BACK 30 PLUS YEARS.
AND THERE'S NEVER BEEN ONE THAT'S ALLOWED THESE MATERIALS TO GO INTO ASPHALT.
SO IF SOMEBODY PUTS THOSE MATERIALS INTO ASPHALT, THAT WOULD BE DISPOSAL AND THAT'S ILLEGAL AND THERE WOULD BE MAJOR PENALTIES, VIOLATIONS, ET CETERA.
AND I WANNA ALSO MENTION THE NEW YORK STATE SOLID WASTE MANAGEMENT PLAN WANTS ASPHALT RECYCLED.
THEY COUNT ON IT, THEY HAD IT IN THEIR NUMBERS.
THAT'S PART OF THE RECYCLING RATES THAT THEY WANT.
SO THE STATE OFFICIALLY HAS SAID THAT THEY WANT ASPHALT PAVEMENT TO BE RECYCLED.
SO MY UNDERSTANDING, UM, MR. P IS THE REPORT THAT THE TOWN SUBMITTED AND THEY ONLY GAVE YOU A SNIPPET OF IT.
YOU NEEDED TO GO FURTHER AND CLICK ON THE LINK TO GET BEYOND WHAT THEY SUPPLIED WAS ACTUALLY MATERIAL FROM UM, IRAN.
SOME OF THE STUDIES WERE FROM WITHIN DOMESTIC AND SOME MATERIALS WERE, UH, FOREIGN.
THE DATA THAT WAS FOREIGN FROM IRAN WAS DATA THAT CAME FROM ASPHALT MATERIALS THAT HAD FLY ASH, WOOD ASH AND CATHODE RAY TUBES MIXED IN WITH THE ASPHALT.
AND IN THE STATE OF NEW YORK, AND I THINK YOU SAID IT, BUT I WANT TO MAKE IT CLEAR IN MAYBE SIMPLER TERMS, ASPHALT THAT'S MANUFACTURED AND UTILIZED IN THE STATE OF NEW YORK.
CAN IT CONTAIN THOSE MATERIALS? NO.
YOU KNOW WHAT MIXED LOADS ARE.
I'VE BEEN DEALING WITH IT FOR 35 YEARS PLUS.
AND THE, THE DC REGULATIONS HAVE NEVER MADE A DIFFERENTIATION.
AND THIS GOES BACK TO THE EIGHTIES AND GOING BACK EVEN FARTHER, THAT THEY'VE NEVER MADE A DISTINCTION OF THESE TYPE OF LOADS.
WHETHER IT COMES FROM A PUBLIC SOURCE, COMES FROM A ROAD, COMES FROM A PRIVATE HOME, THERE'S NO DIFFERENTIATION.
THERE'S NO EMPIRICAL BASIS TO DISTINGUISH.
THE ONLY DIFFERENTIATION IS WHAT THE MATERIAL ACTUALLY IS.
WHAT I TRIED TO HIGHLIGHT AS QUICKLY AS I CAN ARE WHAT WE BELIEVE MADAM CHAIR MEMBERS OF THE BOARD ARE THREE OF THE MOST CRITICAL ISSUES THAT WE DIFFER FROM THE TOWN ON THE FIRST BEING THE ALLEGATIONS RELATED TO SAFETY, PILE HEIGHTS AND ANGLES OF REPOSE.
THERE ARE IN THEIR CONDITIONS, IN THEIR BOTH THEIR C AND D AND THEIR DRAFT CONDITIONS, THEY ARE TRYING TO DO THINGS THAT WE BELIEVE ARE WITHOUT SCIENTIFIC BASIS.
THEY ARE NOT ACHIEVING SAFETY.
AND SOMEBODY IS ARBITRARILY ENCOURAGING YOU TO SET
[01:10:01]
ARBITRARY PILE HEIGHTS MEASURED FROM AN ARBITRARY MEASURING POINT.THE MEASURING POINT IS REALLY IMPORTANT.
WE OFFERED SINCE WE LAST SAW YOU, TO LIMIT OUR PROCESSED PILES TO 30 FEET AND HIKE NONE OF THE PROCESSED PILES THAT ARE ON THE, AS YOU COME INTO THE SITE.
FOR THOSE OF YOU WHO HAVE BEEN THERE STRAIGHT IN, KIND OF ON THE LEFT SIDE AND IN FRONT OF YOU, THOSE ARE ALL THE PROCESSED MATERIALS, DIFFERENT SIZE, ROCKS AND UM, AND, AND RELATED MATERIALS.
NONE OF THEM EXCEED 30 FEET IN HEIGHT IF YOU MEASURE FROM THE BASE OF THE PILE, AS OPPOSED TO MEASURING IT FROM THE BASE OF THE ROAD THAT RUNS ALONGSIDE AT A LOWER ELEVATION.
SO WE, WE OFFERED A CONCESSION WHICH HAD NOT EXISTED PREVIOUSLY.
30 FOOT FOR PROCESS MATERIALS, MEASURE IT FROM THE BASE OF THE PILE.
SECONDLY, WE HAVE ASKED MR. GID TO RETURN AGAIN TONIGHT BECAUSE WE CONSISTENTLY HAVE SAID WE DID NOT BELIEVE THERE NEEDED TO BE A PILE HEIGHT REGULATION PROCESSED MATERIAL.
THE UNPRO UNPROCESSED MATERIAL ARE THE LARGER CHUNKS OF ROCK AND MATERIAL ON THE RIGHT HAND SIDE WHEN YOU COME IN, WHEN YOU COME IN.
AND THOSE ARE INBOUND MATERIALS DUMPED, PLACED ON THOSE PILES BY THE EXCAVATOR.
AND THE REASON THAT WE HAVE RECOMMENDED AGAINST A PILE HEIGHT LIMIT IS BECAUSE THAT LOCATION IS EXTRAORDINARILY USEFUL AND UNIQUE.
WHY? BECAUSE THE NORTH SIDE OF THAT AREA IS A ROCK FACE CLIFF.
THE WEST SIDE OF THAT AREA IS A ROCK FACE CLIFF.
THE BENEFIT OF THAT IS THAT THERE IS NO ANGLE OF REPOSE ON THE NORTH AND WEST SIDE.
WE'RE PUSHED UP AGAINST SOLID AREA.
EVERYTHING ELSE FALLS AS IRV HAS TAUGHT ME TO ITS NATURAL CONDITION IN 26 YEARS.
THERE HAS NEVER BEEN AN INCIDENT IN THE LAST FOUR YEARS.
THERE HAS NOT BEEN ONE MAN HOUR LOST TO SAFETY AT THIS FACILITY.
SO MY FIRST POINT IS I'VE, I'VE WORKED VERY HARD WITH MY COLLEAGUES AT THE TOWN.
I'VE TRIED DESPERATELY TO COME TO A FULL AGREEMENT ON ALL THE CONDITIONS.
THEY KEEP ASKING FOR THINGS THAT WE MAINTAIN AND WE'D LOVE TO GO THROUGH IT CAREFULLY WITH YOU WORD BY WORD AND THE CONDITIONS.
IT'S ARBITRARY AND CAPRICIOUS.
I URGE YOU NOT TO ADOPT A C AND D IMPOSING ANGLES OF REPOSE, PILE HEIGHT LIMITS THAT ARE BEING PICKED OUT OF AN, AN AREA THAT HAS NO LEGITIMATE BASIS.
NEXT, WE BROUGHT IN AMERICAN PETROLEUM IN THE PASILICO LETTER 'CAUSE I'M, I'M, I'M CAN'T LISTEN TO THE TOWN CONTINUE TO TELL US THAT THEY'RE WORRIED ABOUT WHAT'S COMING INTO THIS SITE.
AT THE LAST MEETING I SUBMITTED, OR SUBSEQUENT TO THE LAST MEETING I SUBMITTED TO YOU MATERIAL THAT I DIDN'T WANT TO HAVE TO SUBMIT.
I DON'T NEED TO POINT FINGERS AT MY AT AT OUR NEIGHBORS.
BUT IF YOU, IF WE'RE REALLY GONNA SIT AROUND AND HAVE AN HONEST DISCUSSION ABOUT SPILLS AND SAFETY AND ENVIRONMENTAL CONCERNS, THERE WERE TWO AND A HALF PAGES OF SPILLS THAT MY NE MY CLIENT'S NEIGHBORS HAVE ALL EXPERIENCED.
THEY'RE NOT COMING FROM MY CLIENT'S PROPERTY.
THEY'RE COMING WITHIN THE TOWN FROM OTHER PEOPLE'S PROPERTY.
SO WHY TOWN STAFF IS CRAWLING ALL OVER FAIL.
WITH ALL DUE RESPECT, IT'S UNFAIR.
NEXT, THEY TOOK SHOTS AT US ABOUT AMERICAN PETROLEUM BECAUSE THEY'RE CONCERNED THAT WE TAKE MATERIAL FROM SOMEBODY THAT HELPS PEOPLE AT GAS STATIONS AND WITH TANKS IN THEIR BACKYARDS AND DIGS THEM OUT AND CLEANS THEM AND PUTS IN A NEW TANK.
WELL, THANKFULLY THESE GUYS SELL CLEAN MATERIAL SO THAT THEY CAN BACKFILL THOSE TRENCHES.
AND THANKFULLY THEY ALLOW THESE FOLKS TO BRING THE CLEAN CONCRETE AS WELL.
THE GENTLEMAN, MR. DUNN CAME HERE TONIGHT SIMPLY TO MAKE SURE, YOU KNOW, HE AND HIS GUYS KNOW THEY'RE NOT BRINGING CONTAMINATED SOIL TO MY CLIENT'S PROPERTY.
THE TRUCKERS WHO COME TO THIS SITE KNOW THEY'RE NOT BRINGING CONTAMINATED MATERIAL.
AND AGAIN, 26 YEARS, 21 WITH YOUR PERMIT, THE DEC HAS NEVER CITED THEM WITH A VIOLATION FOR SOME KIND OF CONTAMINANTS.
LASTLY, WE'VE SPENT MONTHS TALKING ABOUT ASPHALT.
AND TO ME IT'S THE MOST INSULTING OF THE TOPICS BECAUSE AFTER I APPEARED IN FRONT OF YOU IN SEPTEMBER, THE IRONY IS THAT THE TOWN OF GREENBURG DROVE ITS TRUCK TO MY CLIENT'S PROPERTY WITH A TRUCK FILLED WITH ASPHALT THAT THEY WERE GOING TO DEPOSIT THERE.
THE TOWN OF GREENBURG FOR 21 YEARS HAS BROUGHT ITS ASPHALT HERE.
SUDDENLY THE TOWN OF GREENBURG HAS A PROBLEM WITH ASPHALT COMING HERE WHEN THERE'S NOWHERE ELSE FOR IT TO GO.
SO AGAIN, THERE'S, WE LISTEN TO THEM.
MAYBE THERE'S SOMETHING GLENN AND JEFF AREN'T TELLING ME.
MAYBE ASPHALT IS REALLY A BAD THING.
WHAT DO I KNOW ABOUT RECYCLING ASPHALT? I DIDN'T KNOW IT WAS THE NUMBER ONE RECYCLED MATERIAL IN THE UNITED STATES OF AMERICA.
AND UNTIL I MET KEN BRENER, I HAD NO IDEA THAT ASPHALT IN THE US AND IN PARTICULAR IN NEW YORK STATE IS DONE DIFFERENTLY THAN IT MAY BE IN PLACES I GIVE THE TOWN CREDIT.
THEY SCOURED THE INTERNET TRYING
[01:15:01]
TO FIND THAT ONE PIECE OF PAPER THAT MIGHT SAY ASPHALT IS DANGEROUS.YEAH, IF YOU GO TO TEHRAN, I RECOMMEND THAT YOU DON'T DRINK THE WATER THAT RUNS OFF THE ASPHALT ON THE STREETS OF TEHRAN.
BECAUSE THAT IRANIAN STUDY DEFINITELY SHOWED PAHS.
IT SHOWED PS BECAUSE THERE WAS FLY ASH, WOOD ASH AND CATHODE GRAY TUBES MIXED IN WITH THAT ASPHALT.
NO ONE TOLD YOU THAT UNTIL MR. BRENER MADE SURE WE UNDERSTOOD THAT THERE WERE 19 CONDITIONS.
MADAM CHAIR, I'M LITERALLY, WE, WE PREPARED SOMETHING FOR YOU AND LET'S ACTUALLY AT LEAST LET'S HAND IT OFF IF WE DON'T HAVE THE ALLOTTED TIME.
AND THEN TODAY WE GOT THEIR C AND D WHERE THEY CHANGED THE NUMBERING OF ALL THE CONDITIONS AND BRIAN WAS AMAZING AND CHANGED THE NUMBER.
WHAT I'VE DONE, WHAT WE HAVE AS A TEAM HAVE DONE DARIUS, JEFF, GLEN, BRIAN, AND MYSELF, WE'VE TAKEN ALL OF THE TOWN'S CONDITIONS.
WE'VE LISTED THEM, WE'VE TAKEN ALL OF OUR CONDITIONS.
THERE ARE 19 OF THEM AND WE'VE LISTED THEM.
WE'VE CREATED A COLUMN WHERE WE TRY TO EXPLAIN WHY WE HAVE SOME DIFFERENCES ON NINE OF THEM, 10 OF THEM.
HAPPY TO GO THROUGH IT SLOWLY, CAREFULLY, THOUGHTFULLY.
I DON'T WANT YOU TO DO THE WRONG THING.
I DON'T WANT THE RECORD TO BE INACCURATE.
AND MY CLIENTS GENUINELY WANT TO WORK COOPERATIVELY WITH THE TOWN.
NOW IT'S A REALLY IMPORTANT THING FOR YOU TO LOOK AT SLOWLY AND DELIBERATIVELY.
I AND I HOPE THAT WE HAVE A CHANCE TO TALK ABOUT IT.
IF YOU HAVE A QUESTION, THE FRUSTRATING THING ABOUT YOUR PROCESS, AND I MEAN NO DISRESPECT, BUT I'M A LAND USE PRACTITIONER IN THIS COUNTY FOR OVER 30 YEARS.
YOU GUYS DO THINGS DIFFERENTLY.
WHEN YOU DELIBERATE, WHEN YOU DELIBERATE, YOU DELIBERATE.
AND WE CAN WATCH IT, BUT WE CAN'T TALK TO YOU AND WE CAN'T EXPLAIN THAT MAYBE YOU'VE GOT A MISTAKE OR MAYBE THERE'S A QUESTION THAT FINALLY COMES UP DURING DELIBERATIONS.
I'VE GOT EXPERTS HERE THAT READY TO ANSWER IT.
I'M NOT HERE TO TELL YOU TO CHANGE YOUR PROCESS.
I'D LOVE TO HAVE THAT CONVERSATION OFFLINE WHENEVER ANY OF YOU WOULD LIKE.
'CAUSE I CAN TELL YOU IN 42 COUNTY, IN 42 MUNICIPALITIES IN WESTCHESTER, THERE ARE ONLY TWO THAT DO IT THIS WAY.
SO WHAT I'M ASKING YOU, 'CAUSE I DON'T WANT TO OBJECT TO YOUR PROCESS, I DON'T WANNA ARGUE DUE PROCESS, DON'T MAKE A DECISION AND DELIBERATE WITHOUT HAVING A CHANCE TO TALK.
I DON'T WANNA BE RUDE, I DON'T WANNA BE DIFFICULT, BUT I WANT TO BE HELPFUL AND I REALLY THINK MY TEAM CAN BE, I'M SURE THE TOWN CAN BE AS WELL.
WE HAVE ASSEMBLED THIS DOCUMENT FOR YOU GUYS TO REVIEW ALL THREE REVIEW AND, AND JUST AS A QUESTION, 'CAUSE THAT WAS GONNA BE MY FINAL QUESTION.
BEFORE YOU LEFT THE PODIUM, YOU SAID NINE, BUT THEN I ALSO WROTE DOWN THAT YOU SAID THREE POINTS OF CONTENTION SO THAT WE CAN FOCUS IN WILL THIS DOCUMENT OUTLINE YES.
SPECIFIC NINE IN ACCORDANCE TO WHAT THE TOWN IS PRESENTED TO US.
MR. BLAND, EXCELLENT QUESTION.
AND YOU CAUGHT ME ON ON THAT AND YOU'RE ACCURATE 'CAUSE I'M BEING, I'M TRYING TO GO QUICKLY.
THERE WERE THREE CRITICAL REAL DISTINCTIONS ON, UM, THERE WERE THREE, SO JUST NINE AREAS, THREE PERMIT CONDITIONS THAT I PUT IN THE RED CATEGORY.
OKAY? THERE WERE ANOTHER SIX THAT I PUT IN THE YELLOW CATEGORY WHERE THERE WERE SOME WORDS THAT NEED TO BE CHANGED AND WE COULD REALLY WORK THROUGH THOSE CONDITIONS.
THERE ARE THREE THAT I VEHEMENTLY DISAGREE WITH.
AND I, AND I AND I I THINK THE TOWN IS, IS DOING A, A DISSERVICE TO YOU BY ENCOURAGING YOU TO ADOPT THE C AND D AS THEY'VE DRAFTED IT AND THE CONDITIONS THAT THEY, AS THEY'VE DRAFTED IT, DRAFTED THEM.
I I PUT THEM IN MY GREEN CATEGORY.
AND WE INDICATE BRIAN, WE INDICATE THAT WITH THE USE OF THE PHRASE, WE'RE FINE WITH THIS CONDITION OR SOMETHING TO THAT EFFECT.
SO WE DO HAVE MULTIPLE IN HERE THAT WOULD SAY TOWN AND FAIL IN AGREEMENT.
THERE ARE OTHER ONES THAT DO HAVE JUST A SIMPLE STATEMENT AS TO UM, POSSIBLY JUST TO SOME LEVEL OF AGREEMENT.
UM, OTHER THAN THAT, BUT IT'S PRETTY EASILY DISTINGUISHABLE AS TO WHERE WE DO HAVE DIFFERENCES AND WHAT THE KEY POINTS ARE.
THOSE WILL BE THE LARGER SECTIONS THAT YOU SEE.
THE OTHER THING THAT I WANT TO MAKE CLEAR BEFORE YOU TELL ME I HAVE TO SIT DOWN, THE TOWN'S CONDITIONS ARE WRITTEN IN, IN SUCH A WAY THAT THEY DON'T READ IN OUR OPINION AS CONDITIONS FOR A SPECIAL USE PERMIT.
I READ THEM, I DRAFT THEM, I LITIGATE THEM.
THEY'RE NARRATIVE, THEY'RE LONG, THEY'RE WRITTEN LIKE MAYBE STUFF THAT WOULD BE IN THE CONDITION N DECK, BUT THEY DON'T BELONG IN YOUR SPECIAL USE PERMIT.
YOUR SPECIAL USE PERMIT THAT WE ALL LIVED WITH FOR 21 YEARS WAS TWO PAGES.
UM, WE'VE TRIED TO DRAFT MORE EFFICIENT, CLEARER CONDITIONS.
WE THINK IT'LL BE EASIER TO LIVE BY.
WE THINK IT'LL BE EASIER TO BE FOR THE TOWN TO ENFORCE AND ADMINISTER.
SO THOSE ARE THE KINDS OF THINGS THAT I BELIEVE IN AN HOUR WE COULD PROBABLY SIT DOWN AND GO THROUGH.
AND HERE'S WHY WE DIDN'T THINK THAT MADE SENSE AND TALK IT THROUGH.
UM, I DON'T WANNA OVERSTATE MY WELCOME.
I REALLY WANT TO TRY TO ABIDE BY, UM, THE 10 MINUTE-ISH LIMIT.
UH, I'M HAPPY TO ANSWER ANY QUESTIONS I URGE YOU
[01:20:01]
IF YOU'RE GOING TO DISREGARD MY OPENING AND DAVID, WE HEARD YOU, BUT WE'RE GOING TO ADOPT THE CND TONIGHT AND SEND IT OUT TO THE ENVIRONMENTAL NOTICE BULLETIN, THE ENB AND CIRCULATE IT FOR 30 DAYS.IF YOU'RE GOING TO DO THAT, THEN PLEASE DON'T DO THAT UNTIL WE HAVE A CHANCE TO DISCUSS IT.
IF YOU, IF ANY OF THE FOUR OF YOU OR THE SIX OF YOU, I APOLOGIZE IF ANY OF THE SIX OF YOU HAVE QUESTIONS, FIRE AWAY.
WE WANT TO, WE WANT TO ANSWER THEM.
IF, HOWEVER, YOU ARE PREPARED TO NOT DELAY EVERYONE ELSE IN THE ROOM, BUT SIT WITH US DELIBERATELY.
I REALLY BELIEVE WE COULD DO IN AN HOUR.
THERE ARE A BUNCH OF THINGS WE NEED YOU TO REFEREE.
I I WANT YOU TO KNOW JOE HAS BEEN WONDERFUL AND GARRETT, THEY'VE TRIED VERY HARD TO CLOSE THE GAP.
WE DON'T AGREE ON SOME THINGS.
UM, IT, IT, IT'S JUST THE WAY IT IS.
I'M SURE YOU'RE GOING TO HEAR THAT FROM THEM.
UM, BUT WE GENUINELY BELIEVE, UNLIKE THE TOWN WE'VE COME FORWARD WITH EMPIRICAL DATA, WITH EXPERT WITNESSES, WITH PEOPLE WHO ACTUALLY RUN AND OPERATE THIS FACILITY, INSPECT THIS FACILITY FOR SAFETY AND ENVIRONMENTAL REASONS.
THE TOWN HAS SOME FOLKS WHO HAVE SOME HUNCHES, MAYBE SOME SUSPICIONS.
IT FEELS LIKE THAT TO ME, THAT IT'S BEEN A LITTLE BIT OF A GOTCHA TYPE OF ATTITUDE.
UM, AND I AND I HOPE WE CAN GET PAST THAT.
WE HAVE ABSOLUTELY NOT COMPLETELY.
YOU SENT US AWAY A MONTH AGO AND YOU ASKED US TO COME BACK WITH THE DEAL.
THEY TRIED TO WHAT? I SAID DO YOU WANT TO SUBMIT THIS FOR THE RECORD? AND IF SINCE YOU'RE THERE, YOU CAN ANSWER THE QUESTION.
THE THREE REDS ARE WHAT? THE THREE REDS ARE PILE HEIGHTS.
SO THAT'S OUR NUMBER FIVE PILE HEIGHTS, WHICH IS MUSHED TOGETHER WITH ANGLES OF REPOSE, WHICH WOULD BE, IT'LL BE YOUR CON THIS IS TOWN CONDITION NUMBER ONE.
YOU HAVE TOWN CONDITION NUMBER TWO DEALS WITH ASPHALT AND LEACHING OF ASPHALT CONTAMINATION.
UM, THAT ALSO MERGES WITH TOWN CONDITION NUMBER THREE THAT WE DO HAVE ON HERE.
'CAUSE NO, NUMBER ONE ON OURS IS NOISE COMPLAINT.
IT CHANGED IT HENCE OUR CONFUSION WITH, WITH WITHDRAWN THE, THE CONDITION THAT DECK HAS NEW NUMBERED CONDITIONS IN IT THAT ARE DIFFERENT FROM THE, THE NUMBERED CONDITIONS THAT THEY DRAFTED IN THEIR CONDITIONS.
SO, UM, AND GARRETT, MAYBE YOU WANT TO CLEAR THAT UP 'CAUSE I DON'T WANNA SIT HERE AND ARGUE WITH JOE.
AND THE REASON FOR THAT IS THE FORMAT OF THE CONDITION NEGATIVE DECLARATION.
THE DRAFT FOLLOWS THE CATEGORIES.
SO I TRIED TO PUT THEM INTO THE PROPER CATEGORIES.
ALL ALL TO BE CLEAR, THE CONDITIONS ARE ALL THE SAME.
THEY'RE JUST IN A DIFFERENT ORDER.
BUT, BUT, BUT WHEN WE ARE TRYING TO COMPARE ONE AGAINST THE OTHER, TRYING TO LOOK AT CONDITION ONE ON YOURS AND CONDITION 10 ON THEIRS AND PUT 'EM ALL TOGETHER JUST FOR MAKE SO MUCH.
I DID DO THAT THIS AFTERNOON LEWIS.
SO IF I MAY SPEAK, I, I IT'S SHAUNA, I DID DO THAT THIS AFTERNOON.
UM, AND I WENT THROUGH THEM AND THEY'RE, THEY'RE NOT ALL THE SAME.
THERE ARE SOME THAT ARE BROKEN UP.
THERE'S SOME THAT ARE COMBINED BY ONE GROUP AND ANOTHER.
THERE ARE SOME THINGS THAT ARE COVERED IN ONE AND NOT COVERED IN THE OTHER.
SO JUST TO BE CLEAR, THE APPLICANT HOURS DOING THIS WITH SOMEBODY READING IT, UNDERSTOOD THE APPLICANT WITH THIS DOCUMENT THAT THEY PASSED OUT.
THEY WORKED OFF OF THE CND NUMBER, SO CORRECT.
YOU NOW HAVE A DOCUMENT THAT YOU DON'T, YOU CAN FOCUS ON THESE.
AND I WANT TO EXPLAIN WHY WE DID THAT.
'CAUSE WE GOT THIS AT THREE O'CLOCK.
THERE'S, WE HAD AN IMMEDIATE PROCEDURAL FEAR THAT YOU WOULD ADOPT THIS CND TONIGHT.
'CAUSE I KNOW, I THINK YOU'RE GOING TO BE ASKED TO DO THAT.
SO I WANTED TO MAKE SURE YOU HAD EVERY OPPORTUNITY ANTICIPATING WE MAY NOT HAVE AS MUCH TIME AS WE WOULD WANT TO BE ABLE TO SIMPLY LOOK THROUGH THIS AND UNDERSTAND WHERE THEY ARE AND WHERE THE DISCONNECT IS.
SO WE TOOK OUR, OUR PRESENTATION AND PLUGGED IT IN NUMERICALLY TO MATCH THE C AND D SO THAT YOU COULD UNDERSTAND THEY MAY BE ASKING FOR C AND D CONDITION NUMBER ONE, WHICH IS DIFFERENT AS SHAUNA JUST SAID, FROM WHAT WAS IN THE CONDITIONS.
BUT I WANTED YOU TO SEE OUR REBUTTAL OR OUR COUNTER POSITION.
CAN I ASK A QUESTION? I FEEL IT'S NOT ON THIS.
[01:25:01]
FROM THE ZOOM.UM, I I, I, I APPRECIATE ALL THAT YOU SAID, AND ONE OF THE THINGS YOU SAID IS HOW A FAIL IS WORKING COOPERATIVELY WITH THE TOWN.
SO I WANT GIVE, FAIL THE OPPORTUNITY TO EXPLAIN WHY OVER THE LAST MANY MONTHS WE'VE BEEN TOLD THAT YOU'RE GONNA BRING THE SIZE OF THE PILES DOWN.
AND YET THE INDEPENDENT OBSERVER SENT US A REPORT THAT THE SIZE OF THE PILES WENT UP.
SO I, UM, THE BEST ANSWER THAT I CAN GIVE YOU IS THAT FAILED DID AT THE BEGINNING BRING THE PILES DOWN.
UM, AND I BEL AND I DISAGREE WITH YOU.
THE RECORD DOES SHOW, AND, AND THE INFORMATION THAT THE TOWN SUPPLIED TO US DID SHOW THAT THE PILES CAME DOWN.
THOSE OF YOU THAT HAVE BEEN OUT THERE KNOW EVERY DAY IS A DIFFERENT DAY.
THE PILES HAVE COME TO A, A, A CONDITION AND A AND A HEIGHT THAT ARE WORKABLE.
WE THINK REALISTIC AND RATIONAL.
AND FA NEVER DESPITE WHAT, DESPITE THE IMPRESSION YOU MAY HAVE BEEN GIVEN, FA NEVER SAID THEY WERE GOING TO BRING THEM TO 10,000 OR 15,000, UH, CUBIC YARDS AS EXISTED IN THE 2001 PERMIT.
SO, UM, WE, WE, WE HONESTLY BELIEVE THAT WE EN WE, WE WE ENDEAVORED TO, UH, MAKE SURE THAT THE SITE WAS SAFE APPROPRIATE.
EVERY SINGLE PILE OF PROCESS MATERIAL DID GET BROUGHT DOWN TO THE 30 FOOT LIMIT SO THAT WE WERE IN COMPLIANCE WITH THE 30 FOOT LIMIT CONTAINED IN THE 2001 PERMIT.
THE ONLY PILE THAT DID NOT COME DOWN TO 30 FEET WAS THE UNPROCESSED MATERIAL THAT'S UP AGAINST THE CLIFF.
ALRIGHT, I STAND CORRECTED THAT, THAT THAT PILE WAS BROUGHT DOWN TO 30.
SO THERE, THE CUBIC YARDAGE ON THE SITE, CLEARLY IT'S IN THE FORTIES, IT'S ABOUT 40,000 CUBIC YARDS.
IT'S BEEN MORE OR LESS BETWEEN 39 AND 42 THROUGHOUT MY REPRESENTATION OF FAIL, UM, RIGHT FROM THE, FROM THE BASE OF THE PILES.
SEAN, I HOPE THAT THAT ANSWERS YOUR QUESTION.
WE, WE, WE, UM, HAVE ATTEMPTED TO BE AS COOPERATIVE AS POSSIBLE AND TO STILL RUN OF, OF VITAL CRITICAL BUSINESS, UH, THAT SERVES NOT ONLY THE TOWN OF GREENBURG AND THE SURROUNDING VILLAGES, BUT THE ENTIRE COMMUNITY.
CON EDISON, NUMEROUS CONTRACTORS, PROBABLY FOLKS WORKING ON MANY OF OUR PROPERTIES.
I UNDERSTAND QUESTIONS TO ASK.
I NEED MORE QUESTIONS TO ASK HONOR.
I I DON'T, I DON'T WANNA STOP OR STAND STEP ON ANYBODY'S QUESTION, BUT WE HAVE SOME MATERIALS THAT WE WANTED, WE WERE ASKED TO SUBMIT FOR THE RECORD THIS EVENING.
SO THE MATERIALS I HAVE, I'LL JUST BE VERY QUICK.
UM, THERE IS A SUMMARY DOCUMENT THAT WE DO HAVE THAT WAS IMMEDIATELY REFERENCED WITHIN THE PRESENTATION BY THE TOWN LAST WEEK ON SLIDES 47 AND 48.
UM, WE ALSO HAVE FOR YOU THE ACTUAL DOCUMENT, THE FULL COMPLETE REPORT, WHICH IS REFERENCED BY KENNETH NER EARLIER THIS EVENING.
UM, IN ADDITION TO THAT, FROM WITHIN THAT REPORT, WE ALSO HAVE ANOTHER DOCUMENT, UM, FROM THE EPA WITH REGARD, WHICH IS ALSO REFERENCED BY KENNETH P EARLIER THIS EVENING WITH REGARD TO THE LEACHING OF, UM, MATERIALS AND MAINTAINING LEVELS BELOW WATER QUALITY STANDARDS.
THE PURPOSE OF, OF MAKING THOSE SUBMISSIONS, MADAM CHAIR, MEMBERS OF THE BOARD, TO THE EXTENT THAT THE TOWN RAISED THEM, WE WANTED THE RECORD TO BE CLEAR.
I HAVE QUESTIONS FOR THE TOWN.
DOES ANYONE YOU HAVE NO COMMENTS? I HAVE QUESTIONS THAT I WANT TO, WE WANNA HEAR FROM THE TOWN FIRST.
OKAY, WE'RE NOT GOING ANYWHERE.
JOSEPH DANKO, TOWN ATTORNEY, MADAM CHAIR BOARD, THANK YOU FOR HAVING US HERE TONIGHT.
SO FOR EVERYONE WHO'S NOT A PART OF THIS PROCEEDING, HOPEFULLY YOU GET TO GO SOON.
UM, ONE OF THE LAST THINGS THAT WAS SAID, I JUST WANTED TO POINT OUT TO FIRST, IT WAS SOMETHING TO THE EFFECT OF THE APPLICANT DID NOT AGREE TO BRING THE CUBIC YARDAGE DOWN TO THE AREA OF THE 2001 SPECIAL PERMIT.
I'D JUST LIKE TO REMIND YOU, ON SEPTEMBER 7TH MEETING, THE VERY FIRST MEETING WE HAD ON THIS MATTER, NOW OVER SIX MONTHS AGO, A STIPULATION WAS SIGNED BY THE APPLICANT THEMSELVES SAYING THAT THEY WOULD BRING THE CUBIC YARDAGE DOWN TO 15,000 SQUARE FEET CUBIC YARDS, SORRY, SIX MONTHS STILL MAKING THAT MISTAKE.
[01:30:01]
AS AS POINTED OUT, THERE'S FLUCTUATION, BUT IT'S STILL OVER TWO TIMES THAT AMOUNT.JUST WANTED TO CLEAR THE RECORD.
THEY DID ACTUALLY, UH, MAKE THAT PROMISE TO TOWN AND THE BOARD AND IT WAS NOT KEPT.
UM, I WOULD LIKE TO POINT OUT THERE WAS TALK, UH, EARLIER IN DAVID'S COMMENTS ABOUT HAVING A POTENTIAL SPECIAL MEETING.
WE HAVE BEEN MEETING CONSTANTLY OVER A SIX MONTH SPAN.
I THINK THERE HAVE BEEN PLENTY OF OPPORTUNITIES FOR BOTH SIDES TO CREATE A RECORD AND TO PUT THEIR PROOF BEFORE YOU.
I THINK WE'VE HIT A POINT, I CAN'T SPEAK FOR YOUR OTHER MATTERS, BUT THIS PROBABLY IS ONE OF THE ONES THAT HAS BEEN SPOKEN TO THE MOST.
AND I THINK YOU'LL BE IN A POSITION AND HOPEFULLY SOON TO MAKE A DETERMINATION.
UM, YOU KNOW, DAVID HAD POINTED OUT THAT WE HAVE ATTEMPTED TO COOPERATE AND WORK TOGETHER, BUT I, I DO FEEL LIKE I NEED TO SAY ON THE RECORD THAT IT'S NOT APPRECIATED THAT TONIGHT WE'RE CALLED MISGUIDED.
ILL, ILL-INFORMED, HAVE A LACK OF KNOWLEDGE.
WE HAVE A GOTCHA TYPE OF ATTITUDE THAT WE'RE TRYING TO CRAWL ALL OVER FAIL, AND THAT THE CONDITIONS ARE ARBITRARY AND CAPRICIOUS.
UM, I FEEL LIKE THAT'S HIGHLY DISRESPECTFUL, TOTALLY UNNECESSARY AND BLATANTLY FALSE BASED ON THE PAST SIX MONTHS OF ACTIONS.
AND I'D ALSO LIKE TO REMIND EVERYBODY THAT A STOP WORK ORDER WAS ISSUED BACK IN AUGUST.
THEY APPEALED AND RIGHTFULLY SO UNDER THE LAW, AND WE NEVER PURSUED TO STOP THE, UH, WORK AT THE SITE AGAIN BECAUSE WE WANTED TO WORK TOGETHER TO WORK THROUGH THIS SPECIAL PERMIT.
I BELIEVE THAT'S HIGHLY UNUSUAL FOR A TOWN TO DO, AND THAT WE COULD HAVE ASKED YOU TO MAKE THAT DETERMINATION LONG AGO AND POTENTIALLY CLOSE THE SITE DOWN DEPENDING ON HOW YOU WOULD'VE MADE THAT DETERMINATION.
UM, I'D ALSO LIKE TO POINT OUT, I ALSO RECEIVED THE CONDITIONAL, THE PROPOSED CONDITIONAL MEG DECK EARLIER TODAY AT 3:00 PM SO WHEN YOU'D HEAR ABOUT NUMBERS CHANGING, THAT WASN'T US TRYING TO CHANGE THE NUMBERS AND CONFUSE EVERYONE.
I THINK, UM, YOU KNOW, THAT WAS JUST THE WAY COMMISSIONER DUQUE FELT THEY SHOULD BE ORDERED.
SO I SAW THAT FOR THE FIRST TIME AS WELL TODAY.
UM, ALSO LIKE TO POINT OUT THAT SOME OF THE VIDEOS AND GRAPHICS FROM THE LAST MEETING WERE OBVIOUSLY FOR INFORMATIONAL PURPOSES.
WE NEVER CLAIM THAT THEY'RE EXACTLY FAIL SITE OR CONDITIONS, AND WE NEVER CLAIM THAT IT WAS THE ACTUAL SITE ITSELF.
UM, ONE OF THE REASONS THAT I BELIEVE STAFF DOES HAVE CONCERNS IS THAT STAG, WE KEEP HEARING ABOUT A, A SMELL TEST FOR CONTAMINATION.
MAYBE A SITE TEST AS WELL, BUT WE NEVER SAW ANYTHING ABOUT ACTUAL TESTING AT THE SITE ITSELF.
UM, AND THAT'S WHY I THINK SOME OF THESE CONDITIONS WILL ADDRESS ANY POSSIBLE CONTAMINATION MAYBE THAT EVEN THE STAFF FROM DALE COULDN'T TELL THEMSELVES BY JUST A SMELL OR PSYCH TEST.
UM, I'LL JUST, I'LL LET THEM SPEAK BECAUSE THEY'RE THE EXPERTS.
UM, I JUST WANT TO POINT OUT THAT AGAIN, WE BELIEVE THE CONDITIONS WE PROPOSED WERE FAIR AND REASONABLE AND WE APPRECIATE YOUR TIME JUST GOING THROUGH ALL THIS THE LAST SEVERAL MONTHS.
AND I UNDERSTAND YOU HAVE QUESTIONS, BUT I'LL LET THEM GO FIRST.
HI, MY NAME IS ELIZABETH GARRITY.
I'M THE DEPUTY BUILDING INSPECTOR FOR THE TOWN OF GREENBURG.
OH, NO, PLEASE SPEAK UP PLEASE.
UM, MY NAME IS ELIZABETH GARRITY.
I'M THE DEPUTY BUILDING INSPECTOR FOR THE 10 OF GREENBURG.
I JUST WANTED TO POINT OUT THAT THE APPLICANT, YOU KNOW, WAS KIND OF FOCUSED IN THEIR SUBMISSION, UM, ON THE 12TH, UM, ON TWO GRAPHICS THAT WERE SUBMITTED BY US.
UM, THAT WAS JUST TO DEPICT, UM, RECYCLED ASPHALT PRODUCTS, UM, WHICH OUR TOWN ENGINEER JASON CAP CAN CERTAINLY SPEAK TO.
UM, BUT THESE IMAGES AS THE APPLICANT HAS SUGGESTED, WEREN'T PROPER, UM, BECAUSE THEY CONTAIN MATERIALS SUCH AS ASHWOOD, UM, WHICH NEW YORK STATE DOES NOT PERMIT CURRENTLY.
IT WAS JUST TO SHOW THAT THE WATER GOING THROUGH THE STOCKPILES, UM, GO INTO THE GROUND AND INTO THE WATERWAY.
THERE ARE, UM, MULTIPLE FROM, AND WE HAVE, UM, A LARGE ONE FROM NEW JERSEY, UM, NEW JERSEY, UH, DEPARTMENT OF TRANSPORTATION.
THE ENVIRONMENTAL IMPACTS OF RECLAIMED ASPHALT PRODUCTS.
WE'RE NOT ADDRESSING ALL ASPHALT.
WE'RE JUST ADDRESSING IN OUR DEPICTION THAT THE APPLICANT FOCUSED ON IS R AAPS BECAUSE THEY ARE KNOWN TO CONTAIN CARCINOGENS.
UM, TOWN STAFF DOES NOT SUPPORT STORAGE OF ASPHALT MILLINGS, WHICH EPS ARE, UM, IN STOCKPILES ON THE SITE.
WE HAVE, UM, AS YOU'VE SEEN FROM OUR CONDITIONS, RECOMMENDED APPROVAL OF TEMPORARY PROTECTIVE STORAGE OF ASPHALT MATERIALS PENDING TRANSPORT TO AN APPROVED ASPHALT PROCESSING
[01:35:01]
FACILITY.THE APPLICANT HAS TESTIFIED AND HAS RELAYED TO US IN MULTIPLE MEETINGS.
THEY DO NOT INTEND TO KEEP ASPHALT ON SITE.
IT'S JUST A STAGING AREA TO BRING TO ONE OF THEIR OTHER FACILITIES.
THEY GET A LOT OF ASPHALT THROUGH THEIR MIXED LOADS, WHICH THEY INDICATED FROM CON ED COMES FROM ROADWAYS AND WE UNDERSTAND THAT.
SO WE WORK WITH THE APPLICANT TO PUT THAT CONDITION IN, UM, IN A, IN A CONTAINED FASHION.
BUT WITH RESPECT TO THE S WHICH WAS WHAT THAT IMAGE WAS FOR, THAT WAS THE, THE TOTAL SCOPE OF THAT.
UM, JASON WANTS TO ADD ANYTHING ELSE? HI, MY NAME IS JASON COLE, TOWN ENGINEER.
UM, WE'VE MET BEFORE, OBVIOUSLY.
UM, SO THAT GRAPHIC WAS BASICALLY JUST A GRAPHIC.
WE, IT DIDN'T MEAN THAT THAT'S THE STUDY THAT WE WERE PULLING YOUR INFORMATION FROM.
WE JUST THOUGHT IT WAS A GOOD GRAPHICAL DEPICTION OF WHAT, YOU KNOW, THE WATER WOULD LOOK LIKE COMING THROUGH THE PILES.
SO YEAH, THAT'S, THAT'S BASICALLY IT.
AND UM, IN RESPONSE TO THE GENTLEMAN EARLIER WHO WAS TALKING ABOUT THOSE MATERIALS NOT BEING ALLOWED IN ASPHALT TODAY, WHICH IS TRUE, BUT THERE'S PLENTY OF ROADS OUT THERE THAT ARE OVER 50 YEARS OLD OR OLDER.
WE LIVED IN AN AREA THAT'S HAD ROADS FOR HUNDREDS OF YEARS HERE.
I MEAN, THEY ADDED ALL SORTS OF STUFF TO ROADS THROUGHOUT THE HISTORY OF ROADS.
SO YOU NEVER KNOW WHAT YOU'RE GONNA GET WHEN YOU'RE LOOKING AT THE ROADWAY.
AND, UH, VERY QUICKLY WITH REGARD TO THE, UM, MEASUREMENT OF THE PILES, UM, AND JASON AGAIN CAN SPEAK TO THIS A LITTLE MORE.
WE NEED TO MEASURE SOMETHING FROM A FIXED POINT, THE APPLICANT IN OUR MEETINGS, UM, AND HAS BROUGHT AND FILLED TO THE SITE AND HAS USED MATERIALS AND IS CONSIDERING THE MATERIALS THAT ARE ON THE SITE AS PART OF THE OVERALL QUANTITY.
SO BASICALLY THE BOTTOM OF THAT PILE IS THE BOTTOM OF THE GRADE.
SO THAT IS THE ENTIRE, IF THEY ARE GOING TO APPLY FOR A FILL PERMIT, WHICH THEY WOULD HAVE THE OPTION OF THROUGH THE TOWN ENGINEER, WE, WE WOULD THEN CONSIDER THE GRADE TO BE THE GRADE OF THE BOTTOM OF THE PILE.
BUT CURRENTLY ALL OF THAT MATERIAL IS CONSIDERED BY THE APPLICANT TO BE WORKABLE MATERIAL.
SO THEY DO NOT HAVE TO FILE FOR A FILL PERMIT.
AS SUCH, WE HAVE TO MEASURE SOMETHING FROM A FIXED POINT, WHICH IS THE ORIGINAL GRADE OF THE, THE ACCESS WAY.
THE BOARD HAS ANY QUESTIONS AND I, I DO THANK THE APPLICANT FOR BRINGING, UM, MR. GILL, MR. DUNN AND MR. BRENER IN TO PROVIDE MORE INFORMATION.
I I ALSO WANT TO JUST ADD, UM, I'VE BEEN PRACTICING LICENSED CIVIL ENGINEER FOR OVER 12 YEARS.
I'VE HAD PLENTY OF EXPERIENCE BEFORE THAT I GOT MY LICENSE.
UH, I HAVE A BACKGROUND IN ALL MANNERS OF, OF CIVIL ENGINEERING, INCLUDING STORMWATER MANAGEMENT MATERIALS CONTROL.
IF YOU HAVE ANY QUESTIONS, PLEASE JUST ASK.
I, I'M, I'M NOT HEARING YOU WELL AT ALL.
CAN YOU SPEAK INTO THE MICROPHONE PLEASE? SORRY ABOUT THAT.
I SAID I'VE BEEN A PRACTICING LICENSED CIVIL ENGINEER FOR OVER 12 YEARS.
I HAVE A BACKGROUND IN ALL MANNERS OF CIVIL ENGINEERING, INCLUDING STORMWATER MANAGEMENT AND MATERIALS CONTROL.
IF YOU HAVE ANY QUESTIONS RELATED TO THIS SUBJECT, I'M QUALIFIED TO ANSWER THAT.
WELL, I JUST AM CURIOUS HOW YOU RESPOND TO THE APPLICANT'S EXPERTS, UM, SPECIFICALLY THE ONE ABOUT ASPHALT, ABOUT THAT ASPHALT DOESN'T LEACH INTO THE GROUND BECAUSE OF THE PROPERTIES OF ASPHALT.
AND I MEAN, IF YOU'RE THE TOWN'S EXPERT, HOW DO YOU, WHY DON'T YOU AGREE WITH THAT STATEMENT? SO, I MEAN, THERE, THERE'S PLENTY OF STUDIES AS SHE'S SHOWN YOU, THERE'S, SHE HAS ONE IN HER HANDS RIGHT NOW THAT SHOWS THAT WHEN YOU GRIND UP ASPHALT IT BECOMES, YOU KNOW, UH, FLAKY.
IT'S LITTLE, LITTLE TINY BITS AND IT HAS THE POTENTIAL TO SEEP INTO THE GROUNDWATER AND GETTING INTO THE AIR.
HAVE YOU, HAVE YOU FOUND ANY CONTAMINATED, WE HAVEN'T TESTED THE SITE OR ANYTHING AROUND THE SITE OR, BECAUSE YOU HAVE ALL KIND OF THINGS IN, IN YOUR, UM, CONDITIONS ABOUT, HOLD ON THE SPILL PREVENTION CONTROL AND COUNTERMEASURES AND THE CONTAINMENT SYSTEM AND TO PREVENT LEACHING MATERIALS AND ANY CONTAMINATES INTO THE SOIL OF THE SITE ADJOINING PROPERTIES.
I MEAN, WE CAN TEST IF THAT'S WHAT YOU ARE REQUESTING.
I, I'M NOT, I'M JUST 'CAUSE YOU'RE WORRIED ABOUT ADJOINING PROPERTIES AND THE SAWMILL RIVER.
I MEAN, HAS THERE BEEN ANY EVIDENCE THAT, I MEAN, IF, IF YOU GO THERE AFTER A STORM, THERE'S MUD EVERYWHERE, BUT HAVE YOU TESTED THAT MU I MEAN, IS IT WE HAVEN'T TESTED, IS IT CONTAMINATED? I MEAN, I DON'T REALLY, WE HAVEN'T TESTED
[01:40:01]
ANYTHING ON THE, ON THE SITE.IT'S, IT'S NOT REALLY A GOOD IDEA TO TEST STUFF OFF THE SITE BECAUSE IT COULD BE COMING FROM OTHER SOURCES.
THE BEST PLACE TO TEST SOMETHING WOULD BE ONTO THE SITE.
FOLLOW UP ON THE QUESTION OF CONTAMINATION FROM ASPHALT.
WHAT'S THAT? IT SOUNDS LIKE, AND I'M TRYING TO MAKE SURE I UNDERSTAND THIS, THAT YOUR CONCERN ABOUT THE ASPHALT IS WHEN IT'S GROUND UP AND WHAT THE PARTICLES ARE WITHIN THE ASPHALT.
UM, SO NO ONE IS CONCERNED, UM, AND THIS IS WHERE I WAS CONCERNED LAST TIME, BUT THE SURFACE OF ASPHALT FROM THE TRUCKS AND THE CARS, YES, IT IS COVERED WITH CONTAMINANTS.
UM, THAT IS WHY, I MEAN, LIKE NEW YORK CITY HAS WORKED FOR YEARS TRYING TO FIGURE OUT HOW TO HANDLE THE RUNOFF FROM THE ROADS THAT GOES INTO THE WATERSHED.
AND DO THEY HAVE TO BEGIN, YOU KNOW, FILTERING THEIR WATER OR TREATING THE WATER, WHICH THEY NEVER USED TO.
UM, IS THERE ANY CONCERN FROM, IS THAT THAT'S NOT PART OF YOUR CONCERN ABOUT THE ASPHALT THEN? THAT IS, THAT IS A CONCERN.
UM, BUT IT, IT'S KIND OF HARD TO, UM, MEASURE THAT BECAUSE IT, IT'S NOT PARTICULATED.
SO YOU'D HAVE TO BASICALLY PUT, SET UP A, UH, CONTAINMENT SYSTEM AND TEST THE RUNOFF FROM WHEREVER YOU PLACE THAT ASPHALT.
AND I THINK YOUR, YOUR RECOMMENDATION WAS HAVING A CONTAINMENT YES.
OF SOME SORT AROUND THE ASPHALT.
THAT THAT IS WHAT OUR RECOMMENDATION WAS.
HOW DO YOU RESPOND TO THAT? THE DEC DOESN'T REQUIRE A CONTAINMENT SYSTEM FOR ASPHALT.
SO WHY, IF DEC DOESN'T, WHY SHOULD GREENBERG, I'M NOT FAMILIAR WITH THAT.
AND OH, I WAS JUST SAY WHAT, WHAT IS THE OVERALL OBJECTION TO BRINGING IN MATERIAL THAT'S NOT FROM A PUBLIC ROAD? I, MY UNDERSTANDING IS THAT THEY HAS BEEN BRINGING IN CONSTRUCTION MATERIAL, UNCONTAMINATED, CONSTRUCTION MATERIAL, COUNTYWIDE, YOU KNOW, BUILDINGS BEING DEMOLISHED, BRINGING IT IN, CRUSHING IT.
WHAT IS THE OBJECTION TO THEM NOT DOING THAT? SO CONSTRUCTION MATERIAL LIKE CONCRETE AND THAT TYPE OF MATERIAL IS A LOT EASIER TO REGULATE BECAUSE IT'S, IT'S EASIER TO SEE IT, IT'S A PIECE OF CONCRETE.
WHEN YOU HAVE SOIL, YOU DON'T REALLY KNOW SOIL, IT'S, IT'S HARDER TO TELL WHAT, WHAT'S IN THE SOIL WITHOUT TESTING IT.
BUT, BUT DO YOU OBJECT TO, YOU KNOW, THEY MENTIONED THAT THE WHITE PLAINS, THE FORMER WHITE PLAINS MALL WAS BASICALLY BROUGHT TO FAIL TO PROCESS AND CRUSH IS, DO YOU OBJECT TO THAT? NO.
BECAUSE THE WAY YOUR CONDITIONS WERE WRITTEN, IT SEEMS LIKE YOU ONLY WANT TO BRING IN ROADS, PUBLIC ROADS.
NO, IF I, I, I CAN CLARIFY AND MAYBE THE, THE CONDITION IS WRITTEN, UM, THAT IT'S NOT, UM, CLEAR CONCRETE, WHICH THE WHITE PLAINS MALL IS, IS MATERIAL THAT WOULD BE BROUGHT IN AND CRUSHED.
THAT WAS SINCE 2000 THAT WAS PERMITTED.
UM, MIXED LOADS WHEN IT'S AN EXCAVATION INTO DIRT, INTO OTHER MATERIALS THAT ARE COMBINED.
UM, THAT, THAT, THAT'S WHAT WE'RE SPEAKING OF.
UM, ANYTHING THAT'S BEING EXCAVATED, IF THEY'RE TAKING DOWN A CONCRETE BUILDING, UM, AND THEY BRING THAT IN, THAT, THAT WOULD BE CONSISTENT ACTUALLY WITH THEIR 2000 PERMIT.
UM, THIS IS JUST A, I'D LIKE, I'M SORRY, GO AHEAD.
FIRST OF ALL, I I, I WANT TO COMMENT THAT THIS IS PROBABLY THE MOST COMPLICATED, UM, APPLICATION THAT I'VE EVER COME ACROSS.
I CAN'T SPEAK FOR EVE, UM, WHO'S BEEN AROUND FOR ON THE BOARD A LOT LONGER THAN I HAVE.
UM, THE BOTTOM LINE IS THAT THE ZBA, THE THE ZONING BOARD OF APPEALS HAS TO COME UP WITH THE CONDITIONS TO PUT INTO THIS USE VARIANCE SPECIAL PERMIT.
WE ARE GETTING A LOT OF INFORMATION BOTH FROM THE APPLICANT AND ALSO FROM THE TOWN, WHICH HAS BEEN EXTREMELY HELPFUL.
BUT NOW WE STILL HAVE TO BE THE ONES TO DETERMINE
[01:45:01]
WHAT GOES INTO THE SPECIAL PERMIT OR NOT.AND I WANT TO MAKE SURE, AT LEAST ME PERSONALLY, THAT WHAT WE DO PUT IN THERE BENEFITS EVERYBODY, THE APPLICANT AS WELL AS THE TOWN.
UM, MR. STEIN METZ WHO'S UH, ADMITTED THAT UNTIL THIS CASE HE PROBABLY DIDN'T KNOW THAT MUCH ABOUT, UM, ASPHALT, ASPHALT, ASPHALT
UM, I WOULD'VE TO SAY I KNOW EVEN LESS
UM, BUT IF WE'RE GOING TO DO THIS RIGHT, WE MEANING THE ZBA, UH, WE HAVE TO DO OUR HOMEWORK PROPERLY, TAKE ALL THIS INFORMATION FROM BOTH PARTIES AND COME UP WITH SOMETHING THAT'S GOING TO WORK.
AM I, AM I SPEAKING? NO, I, I THINK, WELL PART OF THE PROBLEM IS THAT THE ZBA AS A GROUP, WE HAVE NOT ACTUALLY DEBATED WHICH CONDITIONS WE THINK ARE GOOD AND WHICH ARE NOT, YOU KNOW, AS A BOARD WE HAVE NOT GONE THROUGH AND SAID I LIKE THIS ONE, I DON'T LIKE THIS ONE.
I THINK THIS ONE SHOULD BE THIS.
UM, UNTIL, BECAUSE UNTIL WE GOT, THIS IS SUPER HELPFUL, THIS
UM, BUT NOW WE HAVE TO FIGURE OUT WHAT IT IS THAT THE TOWN WANTS THE APPLICANT TO DO THAT THE APPLICANT SAYS IS HONORS QUOTE UNQUOTE ARBITRARY AND CAPRICIOUS JUST TO USE A TERM WHETHER IT'S ACCURATE OR NOT.
UM, SO THAT WE ARE FAIR TO UH, TO THE APPLICANT AND YET TAKE INTO CONSIDERATION ALL THOSE ITEMS THAT THE TOWN WANTS TO MAKE SURE IT GETS COVERED PROPERLY.
UM, COMING HERE TODAY FOR THIS MEETING.
I FELT OVERWHELMED IN READING THE 19 POINTS THAT YOU HAD IN THE 19 POINTS THAT THEY HAD.
AND THERE WAS NO WAY I FELT TO BE IN A POSITION TO MAKE ANY DETERMINATION TONIGHT.
I WAS TOLD THAT YOU DON'T HAVE TO WORRY ABOUT THAT.
UM, WE'RE NOT GOING TO MAKE A DETERMINATION TONIGHT BECAUSE NOW I FEEL BETTER THAT WE CAN DO THAT.
DEBATING THAT CHRISTIE IS SAYING, UH, WE HAVEN'T HAD A CHANCE TO REALLY SINK OUR TEETH INTO.
UM, SO I DON'T KNOW HOW MUCH TIME THAT'S GOING TO TAKE, BUT I THINK NOW WE ARE AT IN A POSITION BETTER WHERE WE CAN REALLY LOOK AT THIS AND COME UP WITH A RATIONAL DECISION THAT IS FAIR TO ALL PARTIES INVOLVED.
JUST IN REGARDS TO THAT BLUE SHEET OF PAPER, WE HAVE NOT READ IT YET.
SO I'M UNAWARE IF THE LAST COLUMN, IF IT ALL MATCHES, SUPPORTS THEIR POSITION AND WE HAVEN'T HAD THE OPPORTUNITY TO WEIGH IN ON IT.
UM, I JUST GOT IT NOW SO I HAVEN'T HAD A CHANCE TO SO YOU NEED TIME TO REVIEW AS WELL.
SO THE OTHER QUESTION THAT I HAVE, 'CAUSE THEY'RE ON ASPHALT AND WE'LL STICK WITH THAT FOR A MOMENT, BUT LET'S SAY THERE WAS NO ASPHALT IN TERMS OF THE ANGLES OF REPOSE AND JUST THE BULK IN TOTAL.
WHAT IS OUR MAJOR CONTENTION WITH THAT? WHETHER IT'S 30 FEET, 40 FEET? I MEAN, WHAT IS THE MAJOR CONTENTION? LET'S SAY IT WAS JUST SOLELY CONCRETE.
WHY ARE WE SO CONCERNED ABOUT THIS? IS IT THIS JUST PURELY SAFETY? BECAUSE I'M SURE WHOEVER'S OPERATING THAT EQUIPMENT, THEY'VE GONE THROUGH CERTAIN TRAININGS.
YOU KNOW, WE SHOULDN'T DRIVE ABOVE 55 MILES AN HOUR, BUT WE KIND OF DO A LITTLE BIT.
UM, UM, WHAT IS THE TOWN'S CONTENTION IN TERMS OF JUST THE BULK STORAGE? IF IT WAS JUST PURELY CONCRETE? SO THE 30 FOOT HEIGHT WAS A RECOMMENDATION FROM THE, OUR POLICE, UH, WAS IT CHIEF OR LIEUTENANT AND, UH, I'M SORRY, THE WHO? POLICE LIEUTENANT.
AND HE BASICALLY SAID THAT IT'S DUE TO THEIR RESCUE SQUAD'S CAPABILITIES.
[01:50:01]
THAT NUMBER CAME FROM.SO AGAIN, IF, AND AGAIN, I DID ASK THE QUESTION OF THE APPLICANT THE LAST TIME A DERRICK IS ON THEIR BULLDOZER, WHATEVER IT'S CALLED, ROLLS OFF, THEY'RE NOT 40 FEET IN THE AIR.
AND I DID ASK THE QUESTION THAT IF THAT PIECE OF EQUIPMENT WE'RE TRYING TO RESCUE THE PERSON THAT'S ON IT, I'M CONFUSED, HE'S NOT GONNA BE IN THE AIR.
HE'S, HE'S GONNA, HE IT'S GONNA ROLL DOWN THE HILL, BE ON TOP OF HIM.
AND I DON'T MEAN TO BE THAT GRAPHIC, BUT AT SOME POINT WE, WE ARE SAYING THAT IT'S 30 FEET IN THE AIR, 40 FEET IN THE AIR, THE EMERGENCY IS NOT GOING TO BE THERE UNLESS HE'S HAVING A CARDIAC.
AND I'M SURE AT THAT POINT WE'LL FIGURE OUT A WAY TO CLIMB UP OR EXCAVATE, GET, GET HIM DOWN, EXTRICATE HIM, BRING HIM DOWN.
BUT I'M JUST CONCERNED AS TO HOW THE BULK IN TERMS OF THE ANGLES OF REPOSE AND ALL THAT.
AND I DON'T WANNA GET OFF ASPHALT BECAUSE THAT'S VERY IMPORTANT.
NO, I'M BUT IF THAT WEREN'T AN ISSUE IN TERMS OF ASPHALT, THE OTHER ISSUES IN TERMS OF THE OTHER THREE RED, RED SPOTS, YOU KNOW, THIS IS A BIG ONE IN TERMS OF JUST HOW MUCH BULK STORAGE WE'RE LOOKING AT HAVING ON THE SITE.
SO I'M GOING TO JUST ADDRESS THE, THE SAFETY COMPONENT AS IT RELATES TO THE ADJOINING PROPERTIES, NOT TO THE SITE FUNCTIONS, WHICH WAS WHAT THE LIEUTENANT WAS SPEAKING TO AND EMERGENCY RESPONSE.
SO WITH REGARD TO THE ACCESS WAY TO PAUSE CROSSED AND TO THE VILLAGE OF ELMSFORD PROPERTY, THAT'S WHAT THE TOWN HAS A CONCERN WITH.
AND WE ASKED THAT THE APPLICANT SET THE PILES BACK.
SO IF THERE IS A TYPE OF SLIDE OR ANYTHING, IT'S NOT GONNA GO INTO THE ROADWAY OR INJURE SOMEBODY WITH REGARD TO THE HEIGHT BEING AT 30 FEET, THAT'S WHAT WE'RE, WE'RE REQUESTING.
THE INTERIOR HEIGHT FOR THE PILES THAT WAS REQUESTED BY THE LIEUTENANT AND HAD FELT IT AT 30 FOOT WAS A COMFORTABLE HEIGHT TO DO A RESCUE.
WHETHER THAT RESCUE IS AT THE TOP OF THE PILE.
UM, YOU KNOW, IN HIS OWN WORDS, I, AND I'M PARAPHRASING THAT IT WOULD BE A, UM, IF THE PILES WERE HIGHER, IT WOULD BE A RECOVERY, NOT A RESCUE.
SO, SO AGAIN, LIKE I'M SAYING, SO IF WE SAID 30 FOOT, WHETHER WE'RE MEASURING FROM THE BASE, I'M STILL CONFUSED THAT, AND I AGREE WITH YOU THAT THERE NEEDS TO BE A FIXED POINT BECAUSE WE DON'T WANT A MOVING GOALPOST.
BUT IF WE DO ESTABLISH THAT 30 FEET FROM WHERE IT CURRENTLY IS EXISTING, THAT COULD BE A FIXED POINT OF 40 FEET FROM THAT FIXED POINT.
BUT WE DO KNOW THAT IT MOVES, CORRECT? WELL NO, NO, NOT THE BASE POINT.
OH WELL, BUT THE HEIGHT MOVES IF THEORETICALLY CORRECT.
SO IF WE'RE USING THE ACCESS WAY AS THE BASE POINT OF THE GRADE ELEVATION, THAT WOULD STAY AS A FIXED POINT AND THEN THE PILE HEIGHTS WOULD GO UP AND DOWN DEPENDING ON WHAT MATERIALS COME IN.
SO THEN IF WE SAID 40 FEET ABOVE THAT POINT, WE'D STILL BE AT 30.
IF YOU SAY 30 FEET FROM THE BEYOND THE, THE ACCESS WAY.
IF WE USE THE ACCESS WAY AND THEN GO 40, WELL, DEPENDING ON HOW MUCH FILL WAS BROUGHT IN FROM THE ACCESS WAY.
SO NOW, SO NOW WE ARE BACK TO BULK STORAGE AND THE ANGLES OF POSE AND EVERYTHING ELSE.
SO AT THE END OF THE DAY, AT WHATEVER POINT THEY'RE COMING INTO THAT AREA, THEY'RE, THEY'RE DRIVING UP THAT ROAD.
ONCE THEY GET TO THAT POINT TO EXTRICATE OR DO WHATEVER THEY NEED TO DO, THEY WOULD BE 30 FEET BELOW IT I WOULD ASSUME.
SO I WOULD HAVE TO DEFER TO LIEUTENANT, LIEUTENANT.
I DID REACH OUT TO HIM TO, UM, BECAUSE AGAIN, TO COME THE STATEMENT WAS MADE AND WE ARE NOT NECESSARILY TRYING TO BE THE REFEREE, BUT TO BE ABLE TO MAKE A DECISION, WE DO NEED TO KNOW WHAT WE'RE TALKING ABOUT IN MAKING THAT DECISION.
AND WE ARE TRYING TO MOVE THIS AS QUICKLY AS POSSIBLE, YOU KNOW, ONE WAY OR THE OTHER.
'CAUSE WE ARE JUST KIND OF SPINNING OUR WHEELS GOING BACK AND FORTH OVER THIS.
MAY I JUST VERY BRIEFLY 'CAUSE I I DON'T ASSUME THAT THESE ARE NOT JUST QUESTIONS FOR THE TOWN.
SO IF I CAN, AND I DON'T, I DON'T KNOW HAVE YOUR TIME.
I, AND THEN YOU GOT QUESTIONS FROM THE BOARD AND THERE ARE QUESTIONS.
LET, WE'LL, LET US FINISH WITH THEM FIRST AND THEN WE'LL IF WE HAVE A MINUTE WE'LL SWING BACK.
SO ONE, ONE OF THE ONLY REASONS THAT WE CHOSE THE ROAD IS BECAUSE THE BASE ELEVATION OF THE SITE, YOU KNOW, MOVES IT MOVES, IT GOES UP AND DOWN.
RIGHT? SO IF THE ROAD'S NOT GONNA MOVE, SO AGAIN, IF THAT BECAME THE MEASURING POINT AND THEIR CONTENTION IS 30 FEET ABOVE WHATEVER THE PILE HEIGHT IS IN TERMS OF THE FILL THAT WE WERE SPEAKING OF, THEN THAT COULD BE A MEASURING POINT OF 40 FEET.
BUT THAT IS THE FILL AN ISSUE.
THAT'S A WHOLE NOTHER ARGUMENT.
THAT'S WHAT I MEAN IT WON'T BE, NOT IF YOU'RE GOING FROM THAT FIXED POINT.
WELL I HAVE A QUE JUST A CLARIFICATION.
THE, THE 30 FEET PROPOSED, THAT IS FOR THE, UM, PROCESS PROCESSED YES.
SO ALL OF THIS ANGLE OF PROPOSED PARAGRAPH THAT THE TOWN HAS, THAT'S FOR THE UNPROCESSED MATERIALS.
I THINK THE ANGLE OF POSE IS FOR EVERYTHING ON SITE.
[01:55:01]
OKAY.SO THE THE BUT THE PROCESSED MATERIAL I APPEARS TO, I MEAN THE ANGLE OF POSE IS LIKE WHOOSH.
I I
IT'S THAT PILE IN THE BACK HAS LIKE A NEAR VERTICAL.
YOU'RE WORRIED ABOUT THE ONE THAT'S LEANING AGAINST THE UNPROCESSED STUFF THAT'S LEANING.
YEAH, I MEAN THE BACK, THE THE BACK FACE IS NOT A PROBLEM.
IT'S THE FRONT FACE IS IS ALMOST VERTICAL.
SO THAT'S, I MEAN THAT'S, THAT'S A, A CONCERN OF OURS.
SO I HAVE A COUPLE OF QUESTIONS ON THE HEIGHT.
I THINK I ASKED THIS LAST TIME WHERE WE CAME UP WITH 30 FEET AND I THINK I WAS TOLD IT WAS LEGACY FROM THE EXISTING, UM, ONE THAT WAS DONE YEARS AGO.
IS THAT NOT CORRECT? NOW IS IS, YEAH, THE, THE LIEUTENANT, UH, USED THE CONDITIONS THAT WERE IN THE PREVIOUS, UM, CONDITIONS TO FACE.
SO THERE'S NOT REALLY DATA BEHIND IT.
WE DON'T KNOW WHERE THAT WAS THAT CAME FROM.
I WOULD HAVE TO, IS THAT CORRECT? I WOULD HAVE TO CONFER WITH LIEUTENANT MATTHEWS TO SEE OKAY.
IF THAT HE HAS DATA BEHIND THAT.
AND AND IS THE, IS THE SITE LEVEL BESIDES THE PILES? BECAUSE I, WHEN I WAS THERE, I SEEMED TO REMEMBER THAT IN THE BACK BY THE PAUSE AREA THAT IT WAS ACTUALLY HIGHER.
IS IT LEVEL? SO THE ROADWAY BECAUSE SLOPES DOWN TOWARDS PAW CROSS BUT THE SITE REMAINS RELATIVELY LEVEL AND I THINK OKAY.
IT PITCHES TOWARDS THE BACK A LITTLE BIT.
ONCE YOU GET INTO THE SITE A LITTLE BIT MORE, THE APPLICANT AGREES WITH THAT.
YEAH, I DIDN'T GO IN, I WAS ON THE ROADWAY SO THAT'S WHY I WAS ASKING.
'CAUSE YOU'RE NOT SUPPOSED TO GO IN ON ESCORTED.
UM, CAN I, HOW LONGER ARE WE SUPPOSED TO GO IS THE TOWN, BECAUSE WE HAVE A LOT QUESTIONS.
DO YOU HAVE ANY OTHER QUESTIONS? NO, I THINK SHAUNA WAS SPEAKING.
COULD YOU, IS THE TOWN SAYING THAT THE UNPROCESSED, IS THERE AN AGREEMENT THAT THERE IS NO HEIGHT OR VOLUME LIMIT FOR THE UNPROCESSED MATERIALS? NO, NO.
I THINK THEY WERE SAYING THAT AS OF RIGHT NOW THEY'RE IN COMPLIANCE WITH WHAT THE TOWN WOULD WANT.
THE THE PROCESS MATERIALS ARE IN THE FRONT.
IT'S THE, IS THE MATERIAL IN THE FRONT THAT IS THE QUESTION AT THIS POINT.
UNPROCESSED, YEAH, UNPROCESSED DUE TO THE, SO THE UNPROCESSED IS THE, THE PILE IN THE BACK AGAINST THE ROCK WALL TO THE RIGHT WHEN YOU COME IN.
BUT MY UNDERSTANDING IS THERE SEEMS TO BE SOME DIFFERENCE BETWEEN WHAT SALE THINK THAT THERE SHOULD OR SHOULD NOT BE A HEIGHT LIMIT ON THAT.
WHERE'S THE TOWN? I'M TRYING TO UNDERSTAND, IS THE TOWN RECOMMENDING THAT THERE IS EVEN IF IT DOES A BUT THE ROCK WALL, YES, BUT THE ONLY ANGLE POSE THAT WOULD MATTER ON THAT PILE WOULD BE THE ONE IN THE FRONT AND ON THE LEFT SIDE.
SO HOW MUCH I NO, WE, WE'VE CREATED MORE, WE HAVE OTHER CASES THAT WE ARE SUPPOSED TO LISTEN TO.
UM, I, I KIND OF AGREE WITH YOU THAT, UM, MORE HAS TO BE UNCOVERED SO THAT WE CAN UNDERSTAND PRECISELY WHAT THE DIFFERENCES ARE BETWEEN THE TOWN AND THE APPLICANT.
UH, BUT I'M FEELING BETTER THAT WE ARE APPROACHING A POINT OF, SHOULD I USE THE WORD COMPROMISE? WELL I WAS GONNA SAY I'M NOT AN OR GIMME A BETTER WORD TO USE.
I'M NOT OPPOSED TO GOING THROUGH IT SOME COMPATIBILITY MAYBE.
I'M NOT OPPOSED TO GOING THROUGH IT IN A SEPARATE MEETING WITH EVERYBODY TO REALLY UNDERSTAND THE THREE MAJOR ISSUES AND WHY I'M NOT OPPOSED TO THAT EITHER BECAUSE WE SHOULDN'T BE DOING THIS AND HOLDING UP OTHER CASES WHO HAVE BEEN SITTING PATIENTLY.
UM, FOR US TO GO THROUGH THIS.
UM, MY, MY MY MY CONCERN IS THAT 10 YEARS FROM NOW THERE'S GOING TO BE A RECORD THAT SAYS AND THE BOARD MEMBERS FOR FIVE YEARS, UM, UM, WILLIAM BLAND AND LOUIS CRITCHLOW AND CHRISTY MET, UM, ALL AGREED TO THIS AND JESUS.
SO WE WANT TO MAKE SURE THAT IT'S ALL RIGHT.
[02:00:01]
AGREE AND, ALRIGHT, I LIKE HEARING YOU SAY THAT YOU AGREE, UM, SAID AT THE OUTSET, YOU KNOW, YOU NEED THE TIME.UM, I GUESS I ALSO WANTED TO MAKE SURE THAT YOU UNDERSTOOD THAT WE HERE ON THE BOARD ARE NOT JUST GOING TO TAKE WHAT THE TOWN TELLS US TO DO AND SAY, OH WELL IF THE TOWN TELLS US TO DO THAT, THEN THAT'S WHAT WE'RE GOING TO DO.
WHAT WE ARE GOING TO DO THOUGH IS TAKE WHAT THE TOWN SAYS AND MAKE SURE THAT WE GET THE BEST OUT OF IT THAT WE POSSIBLY CAN TO MAKE SURE THAT WE'RE ALL COVERED, THE TOWN IS COVERED, THE THE PEDESTRIANS ARE COVERED, THAT EVERYBODY IS SAFE.
UM, EVEN THE APPLICANT'S EMPLOYEES NOW 26 YEARS AND SO ON AND SO FORTH.
WE HEAR IT, IT GOES IN ONE EAR AND OUT THE OTHER.
WE WANNA MAKE SURE THAT SAFETY CONTINUES INTO THE FUTURE 'CAUSE TIMES CHANGE AND WE MIGHT SAY, OKAY, GO FROM 30 FEET AND MAKE IT 50 FEET AND THEN NEXT THING YOU KNOW, SOMEBODY DIES.
WHO ARE THEY GONNA LOOK TO? RIGHT? I WANNA MAKE SURE THAT DOESN'T HAPPEN.
BUT I'M UNDERSTANDING WHEN YOU SAY PILE HEIGHTS FLUCTUATE ON A DAY TO DAY ON A WEEKLY BASIS, I UNDERSTAND THAT IT'S NECESSARY TO HAVE A STARTING POINT FROM WHICH TO MEASURE WHAT THE HEIGHT IS.
RIGHT? I UNDERSTAND WHAT THE PEOPLE WHO ACTUALLY HAVE TO DO THIS ARE SAYING COMPARED TO WHAT A LAWYER IS SAYING.
AND I'M LOOKING AT YOU AND I'M LOOKING AT YOU 'CAUSE YOU ARE BOTH REPRESENTING CLIENTS AND YOU'RE DOING THE BEST JOB THAT YOU POSSIBLY CAN.
BUT SOMETIMES WE HAVE TO GET PAST THE LEGALESE 'CAUSE IT CAN BE SO DAMN COMPLICATED.
AND, BUT THEN WE ALSO RELY ON OUR UM, ATTORNEY WHO HELPS ME TO UNDERSTAND THE LANGUAGE THAT YOU GUYS HAVE TO GO THROUGH BECAUSE I'M NOT A LAWYER, RIGHT? WE'RE WE'RE, I'M SORRY, YOU'RE SOME DAYS, SOME DAYS.
UM, AND I JUST WANT TO MAKE SURE THAT WE'RE, WE'RE CLEAR THAT WE ARE SOMEWHAT INTELLIGENT.
UM, WE'RE NOT GOING TO BE DICTATED TO, UM, WE DON'T WANT TO DICTATE TO YOU, WE JUST WANT TO MAKE SURE THAT WE GET THIS VERY COMPLICATED CASE DONE WITH AND DONE PROPERLY.
AND I'M FINDING OUT JUST HOW COMPLICATED THIS ONE IS.
THE MOST COMPLICATED I'VE EVER BEEN INVOLVED IN.
MAY I MAKE A REQUEST? YES, YOU MAY.
CAN, CAN, CAN WE ALSO MAYBE RELY ON PAPERS SOMEWHAT MORE THAN ORAL TESTIMONY AND I'M ASKING BOTH, BOTH THE APPLICANT AND THE BOARD JUST BECAUSE WE HAVE PEOPLE COMING EVERY SESSION AND THIS IS TAKING UP QUITE A LARGE AMOUNT OF TIME AND THEY'RE STUCK HERE FOR MANY HOURS AT A TIME.
AND I THINK THROUGH PAPERS MAY ALSO BE HELPFUL AND THEN PAPERS CAN BE SUBMITTED AND HAVE FURTHER QUESTIONS BASED ON THOSE PAPERS I THINK MIGHT BE HELPFUL TO THE PROCESS.
WHAT DO YOU MEAN BY PAPERS? PA PAPERS SUBMITTED BY BOTH SIDES AS WE DID THIS TIME.
WE HAD A SUBMISSION DATE OF FEBRUARY 5TH.
HOWEVER, THERE WAS ADDITIONAL MORE DIDACTICALLY TESTIMONY GIVEN TONIGHT, BUT INSTEAD HAVING MORE WRITTEN OUT AND PRESENTED TO YOU 10 DAYS IN ADVANCE AT THE NEXT MEETING SO THAT SO WE CAN READ AND UNDERSTAND IT AND GET A BETTER HANDLE ON CORRECT WHAT EVERYBODY IS DISCUSSING.
SO I AGREE WITH JOE THAT THE WRITTEN SUBMISSIONS ARE, ARE APPROPRIATE AND WE HAVE BOTH BEEN MAKING THOSE.
AND, AND MR. LIEBERMAN'S SUGGESTION OF HAVING THE DATES AND THE REBUTTALS WAS TERRIFIC, BUT JUST LIKE EVERY COURT PROCEEDING, THIS IS WHERE I COMPLETELY DISAGREE WITH JOE.
THERE'S A REASON FOR ORAL ARGUMENT AT A TRIAL COURT, AT AN APPELLATE COURT AT THE UNITED STATES SUPREME COURT.
AND THAT'S BECAUSE THE PEOPLE THAT HAVE TO MAKE DECISIONS SOMETIMES WANT TO BE ABLE TO ASK QUESTIONS AND BETTER UNDERSTAND.
AND MR. CRITCHLOW HAS SAID IT SO APTLY REPEATEDLY TONIGHT, THIS IS AN EXTRAORDINARILY COMPLEX DIFFICULT MATTER THAT'S HAD SOME MOVING ISSUES.
THIS IS EXACTLY THE KIND OF MATTER, AND I SAID THIS IN MY FIRST 30 SECONDS, THAT WE NEED TO SIT IN A ROOM TOGETHER AND TRY TO WORK THROUGH THIS.
SO WE'LL DO WHATEVER YOU ASK OF US.
BUT HAVING US CONTINUE TO WRITE THINGS AND THEN HAVING THEM RESPOND AND DISAGREE, YOU ARE GOING TO HAVE QUESTIONS.
[02:05:01]
IN, IN 45 SECONDS.I WANT TO COME BACK AND TALK TO YOU ABOUT SMELL AND VISUAL ANALYSIS.
THE FACT THAT JASON THINKS ROADS ARE OLD, OLD AND THEREFORE THAT SHOULD SOMEHOW BE TAKEN INTO ACCOUNT MAYBE AGAINST MY CLIENT.
THE MATERIALS ARE NOT COMING FROM OTHER AREAS.
IT'S SOMEHOW HARDER TO TELL WITH SOIL AS OPPOSED TO CONCRETE.
BUT IT'S OKAY TO TELL WITH SOIL OR CONCRETE THAT COMES FROM THE GOVERNMENT, NOT PRIVATE PROPERTY.
THESE ARE THINGS WE NEED TO TALK ABOUT.
I DON'T WANNA STAY HERE ANY LONGER.
YOU DON'T WANT ME TO STAY HERE ANY LONGER, BUT FOR YOU TO DISMISS US AND NOT HAVE THAT DIALOGUE AGAIN, I I I MEAN NO DISRESPECT I'VE BEEN DOING THIS, THIS IS A COMPLICATED ONE FOR ME TOO, MR. KLOW.
AND THAT'S WHY IN MY FIRST 30 SECONDS I SAID DON'T ADOPT A C AND D FIGURE OUT WHEN WE'RE DOING THIS.
I'M NOT LOOKING FORWARD TO TWO HOURS.
I THINK WE CAN GET IT DONE AND YOU WILL, YOU WILL HAVE NO CHOICE BUT TO MAKE SOME HARD DECISIONS.
AND THE ONLY REASON YOU HAVE TO MAKE HARD DECISIONS, AND I TOLD YOU THIS IN SEPTEMBER AND YOU MAY, IT MAY NOT HAVE RESONATED BUT I WAS FORESHADOWING TODAY THE DE C'S REGULATED THIS FACILITY.
THE DEC REGULATES THIS FACILITY.
WE HAVE A DEC REGISTRATION AND PERMIT.
THE ONLY REASON WE'RE HERE IS 'CAUSE THEY DON'T LIKE WHAT THE DEC IS DOING AND THEREFORE YOU HAVE TO JUDGE IF THEY DIDN'T TAKE THAT POSITION, IF THEY DEFERRED LIKE ALL OF THE OTHER FACILITIES THAT DON'T MAINTAIN.
AND I'M QUOTING THE FLAD REGULATION OF THE DEC, I WONDER IF THE DEC COMMISSIONER WOULD APPRECIATE THE FLAD REGULATION COMMENT.
THAT'S MR. CRITCHLOW, MADAM CHAIR, MS. CONNECT, MR. BLAND AND THOSE ON ON SCREEN.
'CAUSE THEY DON'T TRUST THE DEC.
NO ZONING BOARD SHOULD BE ADJUDICATING THE TYPES OF ISSUES YOU'RE GOING TO ADJUDICATE.
ANY ANYTHING ELSE FROM THE BOARD AT THIS POINT? NO, JUST WANNA CONCUR WITH, UM, CHRISTINE LEWIS THAT I HAVE NO PROBLEM MOVING THIS TO A SPECIAL MEETING OR WHATEVER KIND OF SITUATION YOU WANNA SET UP.
BECAUSE WE HAD THAT SPECIAL MEETING WOULD SUPPORT THAT ALSO SEPTEMBER.
BUT I KNEW SQUAT ABOUT WHAT YOU WERE REALLY TALKING ABOUT GETTING INVOLVED WITH WHAT THE COMPLICATIONS WERE.
I KNOW A HELL OF A LOT MORE NOW AND I THINK THAT KIND OF A MEETING WILL BE A LOT MORE FRUITFUL.
SO I'M IN AGREEMENT AND ANYONE WHO WANTS TO DO A SITE VISIT WHO HAS NOT OR WHO WANTS TO COME BACK, IF YOU'RE ESCORTED, COME ON IN.
YOU'VE BEEN I'VE BEEN, I JUST RIDE BY IT.
I JUST LOOK AT IT WHEN I WANT.
NO, CHRISTIE, I AND I WENT IN THERE AND I HAD TO THROW AWAY MY SHOES AND GET A NEW PAIR.
WE'LL WAIT TO HEAR FROM KIRA ON A POSSIBLE YES ON BOTH.
NO, THERE'S ANOTHER, THEY ALSO HAVE THE SECOND ONE AFTER THAT.
SO WHAT THEY'RE ASKING IS, ARE WE GOING TO TABLE BOTH? YES.
ARE WE TABLE BOTH? OH, THEY'LL, THEY'LL, ALL RIGHT.
UM, WE'RE BACK TO 24 TARRYTOWN ROAD.
GOOD EVENING, MADAM CHAIR AND MEMBERS OF THE ZONING BOARD.
MY NAME IS ERNIE TAR TAG LEONE.
I'M ONE OF THE OWNERS AT 24 TARRYTOWN ROAD.
UM, I COULD ASSURE YOU OUR PRESENTATION WON'T BE AS LENGTHY OR PROFESSIONAL AS THE LAST ONE.
AS THIS CASE IS PROBABLY A LOT SIMPLER.
UM, WE'RE HERE SEEKING A VARIANCE FOR SEVEN OFF STREET PARKING SPACES.
UM, AS YOU KNOW, WE WENT TO THE PLANNING BOARD AND THEY GAVE US A POSITIVE RECOMMENDATION FOR ADDING ADDITIONAL SEATS INSIDE.
HOWEVER, OVER, UH, WE WOULD NEED A VARIANCE BECAUSE OF THE SIZE OF THE BUILDING, UM, FOR SEVEN SPACES, LIKE I MENTIONED, AS WELL AS RELIEF FROM A PREVIOUS ZBA, UM, MEETING OR CASE RATHER, UM, TO REMOVE THE, THE RESTAURANT RESTRICTION BECAUSE ANY ESTABLISHMENT WITH OVER EIGHT SEATS GOES FROM INCIDENTAL DINING TO
[02:10:01]
RESTAURANT.UM, AS YOU KNOW, THE PLACE HAS BEEN EMPTY FOR TWO YEARS AND, UM, IT'S BEEN TWO YEARS ALREADY.
OH, JUST, JUST OVER TWO YEARS.
UM, YOU KNOW, WE'VE TRIED RENTING IT.
WE'VE HAD MANY, MANY PEOPLE ASK US THEY WERE INTERESTED, BUT WHEN THEY HEAR THAT YOU ONLY HAVE EIGHT SEATS, THEY KIND OF JUST RUN AWAY.
UM, YOU KNOW, AND WE DIDN'T JUST TAKE THE FIRST, UH, POSSIBLE TENANT AND THEN COME TO THE BOARD AND SAY, HEY, YOU KNOW, CAN YOU GIVE US MORE SEATS? THERE WAS A FEW, YOU KNOW, THAT RAN AWAY, NOT RUN AWAY, BUT JUST DECLINED BECAUSE WE DIDN'T HAVE ENOUGH SEATING.
WE, WE NEED A VARIANCE FOR THE SEVEN SPACES.
UM, AND THEN THE RELIEF FROM THAT RESTRICTION, I BELIEVE IT'S CONDITION ONE FROM CASE 2242, WHERE WOULD THE SEVEN SPACES BE? SO WE'RE CLEAR.
SO THE, THE BUILDING SIZE, IT REQUIRES 28 SPACES AND WE ONLY HAVE 21.
SO WE WOULD NEED A VARIANCE FOR THE DEFICIENCY OF SEVEN SPACES IN ORDER TO GET THAT.
BECAUSE YOU DID SUBMIT YOUR QUEUE SCHEDULE.
THAT'S WHAT KIND OF THREW ME OFF A LITTLE BIT, UM, FROM THE LAST, UM, THE DECEMBER 15TH, 2023.
SO THE, THE, THE, THE SITE PLAN THAT WE SUBMITTED WITH WHAT JUST SHOWS THE AMOUNT OF PARKING SPACES AND THE, THE QUEUE SPOTS ARE, ARE COUNTED AS PARKING SPACES.
SO THEY'LL BECOME PARKING NOW AND NOT NO, NO, THEY'RE NOT BECOMING PARKING.
THEY'RE JUST, JUST CONSIDERED PARKING SPACES IN, IN THE, IN THE CODE.
A QUEUE IN THE DRIVE THROUGH IS CONSIDERED PARKING SPACES.
SO THAT'S HOW WE HAVE 21 SPACES ON SITE.
WE NEED 28, UM, IN ORDER TO GET THAT SEATING PERMIT OR WHATEVER YOU WANNA CALL IT.
UM, AND THEN WE WOULD ALSO, LIKE I MENTIONED, NEED RELIEF FROM A PREVIOUS CONDITION.
AND WHAT WAS, SO WHAT, SO WHAT THE REASON FOR THAT PREVIOUS CONDITION AGAIN? WELL, THE PREVIOUS CONDITION WAS RELATED TO THE DRIVE THROUGH IN ORDER TO OPERATE THE DRIVE THROUGH.
IT WAS ONLY RESTRICTED TO, IT COULDN'T BE, UH, WE AUTHORIZED IT.
AND WHY WE, UM, WE WERE CUTTING THE BABY.
WE WERE CUTTING THE BABY IN HALF TO GIVE THEM THE SPACE.
WE LIMITED THAT IF THEY WERE GOING TO USE THAT AS A QUEUE, THEY DIDN'T HAD TO CREATE, THEY ENDED UP PURCHASING THE ADDITIONAL PROPERTY FROM NEW YORK STATE, DOT.
UM, AND THEN WE GAVE THEM THE DRIVE AROUND AS YOU GET AROUND THE CARS THAT WERE IN QUEUE.
BUT NOW HE WANTS TO GO BACK AND USE THAT QUEUE SPACE AS COUNT FOR PARKING.
BUT THAT'S ALSO CONSIDERED WITH THE ORIGINAL ONE IN TERMS OF HOW MUCH PHYSICAL PARKING WAS GIVEN IN THE FIRST, UM, STIPULATION.
SO, SO THE RESTRICTION WAS FOR THE DRIVE THROUGH.
UM, IT WAS STATED THAT IT COULDN'T, IT COULD ONLY BE FOR FOOD RELATED ESTABLISHMENT, BUT NOT BY A RESTAURANT QUICK SERVICE OR FAST FOOD, THE DRIVE THROUGH.
SO BY GIVING US MORE SEATS, BY GIVING US MORE THAN EIGHT, IT GOES FROM INCIDENTAL DINING TO RESTAURANT, EVEN THOUGH THE USE WOULD IS NOT NECESSARILY GONNA BE A RESTAURANT LIKE A MORTON'S OR HOWEVER YOU THINK OF A RESTAURANT, UM, IN THE TOWN CODE, ANYTHING OVER EIGHT SEATS WOULD BE CONSIDERED A RESTAURANT.
SO THEY SAID, WELL, IF WE GIVE YOU, UH, THE OKAY TO HAVE THE, THE MORE SEATS, THE ZBA WOULD HAVE TO GIVE YOU RELIEF FROM THE PREVIOUS RESTRICTION THAT THEY PUT IN ORDER TO CONTINUE USING THE DRIVE THROUGH.
DOES THAT MAKE SENSE? SO YOU WOULD WANNA, SO YOU WOULD WANNA CONTINUE TO USE THE DRIVE THROUGH? CORRECT.
WE WOULD CONTINUE USING THE DRIVE-THROUGH.
THE ONLY THING THE QUEUE IS JUST, WE'RE JUST SHOWING YOU THAT THERE'S 21 SPACES, INCLUDING THE SPACES IN THE QUEUE.
'CAUSE THIS CONSIDERED, HOW MUCH SEATING WOULD YOU NEED IN TOTAL? UH, WELL, WE, WE, WE GOT A POSITIVE RECOMMENDATION FROM THEM FOR, FOR THIR UP TO 30 SEATS.
NOT NECESSARILY 30, BUT YOU KNOW, A MAXIMUM, A MAXIMUM OF 30.
WELL, THE MAXIMUM WAS 42, AND THAT'S WHAT WE REQUESTED.
BUT THEN WE CAME TO THE AGREEMENT, YOU KNOW, THEY SUGGESTED 30 IS IS THE MAX THAT THEY WOULD ALLOW.
AND WE, WE WERE OKAY WITH THAT.
IS THERE A, UM, A KITCHEN IN THERE? MM-HMM.
AND, UH, I MEAN, I'LL BE HONEST WITH YOU, WE DON'T HAVE A TENANT YET.
SO THIS IS JUST TO SORT OF BROADEN THE HORIZON, SO TO SPEAK, TO GET LIKE MORE PEOPLE.
I MEAN, YOU KNOW, WE'RE NOT GONNA OPERATE THE PLACE.
SO, YOU KNOW, THE USE, WHATEVER IS PERMITTED THERE WOULD BE PERMITTED.
UM, BUT NOTHING ELSE IS CHANGING.
SOMEBODY COMES AND SAYS, HEY, YOU KNOW, HOW MANY SEATS ARE YOU ALLOWED? WE SAY YOU CAN HAVE UP TO 30 SEATS INSTEAD OF SAYING EIGHT O.
AND THIS MAY BE AN UNFAIR QUESTION ANSWERED IF YOU WANT TO, YOU DON'T HAVE TO.
WHAT TYPE OF ESTABLISHMENT WOULD YOU WANNA COME IN? LIKE WHAT? JUST SO WE CAN GAUGE IF WE TALKING ABOUT CHICK-FIL-A
[02:15:01]
CHICK-FIL-A OR CHICK-FIL-A STREET.I KNOW, I'M, THAT'S WHY I'M ASKING THE QUESTION.
BUT SEE, NOW YOU COULD DO FAST.
YOU REALLY WANT LIKE A DUNKING DONUT, LIKE SOMETHING.
SO, UM, JUST TO BE CLEAR, MM-HMM.
OKAY? INCIDENTAL DINING AS DESCRIBED.
RESTAURANTS ARE NINE SEATS, PLUS IT'S SECOND CATEGORY.
QUICK SERVICE TO FAST FOOD IS A THIRD CATEGORY, CAN ALSO BE NINE SEATS PLUS, BUT IT'S CHARACTERIZED BY PROTOTYPICAL FAST FOOD, QUICK SERVICE TYPE PLACE, ALLAH, TACO BELL.
WENDY'S, DUNKING DONUTS, UM, HIGH VOLUME COFFEE SHOPS.
SO THOSE WOULD NOT BE ALLOWED, YOU WOULD, IF YOU WOULD NOT BE ALLOWED.
AND THAT'S BECAUSE IF THE APPLICANT SOUGHT TO GET A CHICK-FIL-A, A WENDY'S A STARBUCKS, A A DUNKIN DONUTS, THEY WOULD HAVE TO GO, THEY, THEY, THEIR PARKING REQUIREMENT WOULD CHANGE DRAMATICALLY.
THEY WOULD NOT BE ASKING YOU FOR RELIEF OF SEVEN SPACES.
UM, BECAUSE THE REQUIREMENT FOR A FAST FOOD QUICK SERVICE, IT'S ONE SPACE FOR EVERY 35 SQUARE FEET OF PROLO AREA.
SO THEY WOULD NEED, UM, ALMOST 14 MORE THAN DOUBLE THE AMOUNT OF PARKING SPACES.
UM, THEY WOULD BE COMING TO YOU FOR A VERY DRAMATIC VARIANCE.
UM, SO THAT'S THE DISTINCTION.
IF YOU WERE TO GRANT THE RELIEF FROM THE PRIOR CONDITION THAT SAYS YOU CAN'T HAVE RESTAURANT AND GRANT THE PARKING VARIANCE, THAT WOULD ENABLE THEM FOR RESTAURANTS, BUT NOT FAST FOOD.
SO IT'S TRICKY BECAUSE THE DRIVE THROUGH'S THERE, RIGHT.
SO, UM, AT WHAT WILL HAPPEN IS THEY GET A TENANT CALL, THEY WILL APPLY TO THE BUILDING DEPARTMENT FOR A RESTAURANT.
UM, BUT LET'S JUST SAY, UM, IN THEIR OPINION, A USE IS RESTAURANT AND NOT FAST FOOD.
THAT WILL BE A DETERMINATION ON A CASE BY CASE BASIS BY THE BUILDING INSPECTOR.
SO THIS CONDITION, I GUESS WE WOULD JUST TAKE OUT THE, BUT THE WHOLE LAST SENTENCE, BECAUSE FROM WHAT YOU'RE SAYING, THEY WOULDN'T BE ABLE TO NECESSARILY PUT IN A, THE QUICK SERVICE FAST FOOD.
IF YOU WERE TO GRANT, THERE WOULD BE NO HARM IN KEEPING THE RESTRICTION OF A QUICK SERVICE AND FAST FOOD.
BECAUSE DESPITE THE FACT THAT THEY'D HAVE TO COME BACK ANYWAYS FOR, I UNDERSTAND MUCH GREATER RELIEF.
BUT IT'S, IT'S INFORMATIONAL IN NATURE, BUT ALSO FUNCTIONAL.
CAN I JUST ASK, UM, THE APPLICANT, UM, LOOKING AT YOUR FLOOR PLAN, YOUR LAYOUT, WHY DO YOU HAVE SITES 19, 20 AND 21, UM, ALONGSIDE AND NOT HEAD IN PARKING AND MOVE 10, 11, 12, AND YOU WOULD GET A LOT MORE PARKING IN 19? YOU'RE TALKING ABOUT THE ONES THAT ARE PARALLEL ON THE RIGHT.
WHY, WHY, WHY DON'T, WHY ARE YOU, YOU COULD ACCOMMODATE A WHOLE LOT MORE.
HOW ARE YOU, YOU MADE THAT SIDE HEAD IN AND IF YOU NEEDED THE TURNAROUND SPACE, YOU DON'T NEED WOULDN'T.
THERE COMING HEAD IN AND YOU COULD PUT I DON'T HAVE TO DRIVE, DRIVE THROUGH.
SHE DOESN'T REALIZE IT'S A DRIVE.
I, I'M TRYING TO UNDERSTAND THIS LAYOUT.
IT, IT, IT DOESN'T, YEAH, SHAUNA, YOU HAVE TO SEE IT.
YOU WOULDN'T BE ABLE TO DRIVE THROUGH THERE.
THE CARS, THE FIRST CAR, UH, 12, 11, 10 WOULD NOT BE ABLE TO BACK OUT IF THE CARS WERE NO, I UNDERSTAND THAT.
YOU'D HAVE TO GET LIKE 10 THROUGH 12 WOULD HAVE TO MOVE TO THE HEAD IN AREA AND MAYBE EVEN NUMBER 18 TO DO THE CIRCULAR.
YOU, BUT YOU MIGHT GET MORE SPACE.
SO 12, 11, 10, THOSE ARE PARKING SPACE.
THOSE ARE, THOSE ARE PULL-IN PARK SPACES.
I'M SAYING, I'M SAYING GET RID OF THOSE AND MOVE THOSE TO THE OTHER SIDE.
OR ONLY PUT THOSE ADJACENT TO THE BUILDING THE WAY THE REGULAR REST OF THE CIRCLE IS THERE AN OKAY, MY COMPUTER JUST WENT CRAZY.
THERE'S A, I WAS GONNA BRING UP AN ARIEL.
YEAH, THERE'S A GOOGLE EARTH IMAGE THAT I SUBMITTED.
I I'M LOOKING AT THE AERIAL AT THE SAME TIME, AND IT STILL DOESN'T MAKE ANY SENSE TO ME THAT THE DRIVE-IN COULD BE.
SO, SO YOU COULD MAKE, YOU COULD MAKE THE OTHERS.
[02:20:01]
SAY IF, IF THERE WAS MORE CARS AT THE DRIVE-THROUGH AT THE QUEUE THAT THAT'S SHOWN THERE, THOSE CARS THAT ARE, YOU'RE SAYING PARKED THE OTHER WAY ON THE RIGHT SIDE, THEY WOULDN'T BE ABLE TO QUEUE PAST THE MENU BOARD OVER THERE.THAT'S WHY THOSE CARS ARE SORT OF PARALLEL.
DOES THAT MAKE SENSE? AND THIS WAS ALSO CONCESSION THAT WE MADE WITH THE NEIGHBORS.
THUS, SO, BUT YOU'VE GOT TWO-WAY TRAFFIC.
NO, BUT YOU'VE GOT TWO-WAY TRAFFIC HEADING INTO IT.
ARE THERE ARROWS POINTING IN TWO DIFFERENT DIRECTIONS? THAT'S FOR AFTER YOU COME AROUND THE BUILDING TO EXIT AND THE OTHER, IF YOU'RE TALKING ABOUT GOING THE OTHER WAY, THAT'S A PASS THROUGH LANE.
I WAS TRYING TO, I CAME UP WITH A WAY FOR MORE, MORE OF YOUR, I, I APPRECIATE YOU TRYING TO GET MORE SPOTS.
I, I JUST, I DON'T THINK THERE'S ENOUGH ROOM TO DO IT THAT WAY.
I, I, I MEAN, UNLESS WE DID AWAY WITH THE, I'M NOT GONNA INTERFERE WITH HOW YOU RUN YOUR BUSINESS.
ANY OTHER QUESTIONS? ANYTHING FROM THE AUDIENCE? HOW TIMES CHANGE? OKAY.
WHAT, WHAT WOULD BE THE MINIMUM SEATING THAT YOU, IF WE WENT ABOVE THE EIGHT, WHAT WOULD BE THE MINIMUM THAT WE WOULD ACCEPT? MM-HMM.
I MEAN, I MADE, I, I, I SUGGESTED, YOU KNOW, I SAID TO THE PLANNING BOARD, I SAID, YOU KNOW, IF YOU GIVE US TWO DOZEN SEATS, OR I BELIEVE I SAID ANOTHER TWO, I FORGOT WHAT I TOLD 'EM, BUT YOU KNOW, I SAID 24, THEY SAID 30.
SO, YOU KNOW, IT'S, IT'S, IT'S REALLY HARD FOR ME TO SAY, BECAUSE LIKE I MENTIONED, YOU KNOW, I'M NOT GONNA BE THE RUN, RUNNING, RUNNING THE BUSINESS.
SO IF SOMEBODY COMES IN AND THEY SAY, HEY, YOU KNOW, WE NEED 25 OR 28 SEATS AND WE TAKE 24, AND THE, THE PLANNING BOARD SAID YOU CAN HAVE 30.
UM, YOU KNOW, THAT'S, THAT'S WHY WE'RE GOING WITH THE 30.
WE TRIED GETTING 42, BUT THE 42 IS A PROBLEM.
ACTUALLY, I BOARDED TO AN ENGINEER AND THE ENGINEER GET ON THE, I'M SORRY.
UH, IT'S NICE SEEING YOU BORED AGAIN, BUT I GOTTA SEE YOU IN A DIFFERENT LOCATION.
I KNOW I CAN'T BUY YOU COFFEE, BUT WHEN YOU CAME IN A DELI, I USED TO SMILE ANYWAY, UM, I BROUGHT IT TO AN ENGINEER AND AN ENGINEER SAYS YOU COULD HAVE 42 SPOTS OVER HERE.
BECAUSE LOOK, IF YOU GOT 15 SPACES, RIGHT? UH, THE LAST TIME WHEN WE RAN THE PLACE, WE HAD OUR EMPLOYEES PARK IN THE COUNTY CENTER PARKING OR 'CAUSE THEY PAY BY THE DAY OR ON THE SIDE STREET.
SO IF YOU HAD 15 SPACES AND YOU CAME WITH YOUR FRIEND AND ANOTHER FRIEND, IT'S THREE PER CAR.
SO HE SAYS TO ME, 42, HE SAYS, SO INSTEAD OF LOOKING FOR 45, LOOK FOR 42 BECAUSE YOU KNOW, SOME PEOPLE WILL COME WITH TWO, SOME PEOPLE WILL COME WITH FOUR.
UH, DOESN'T NECESSARILY, IT'S GONNA MEAN IT'S GONNA BE 42 BECAUSE FOR THE SIMPLE REASON, IT ALL DEPENDS.
I, I, I LOVE YOU GUYS, BUT I CAN'T COME BACK AND SEE YOU AGAIN.
YOU KNOW, I LOVE YOU TO DEATH, BUT I KNOW YOU'RE TIRED OF SEEING ME.
THIS OLD FACE IS GETTING GRAY HAIR.
I GOT EVERYBODY BEAT UP THERE, LOUIS.
BUT YOU, YOU GOTTA BE TIRED OF SEEING ME.
AND THE ONLY THING IS, LOOK WHAT I WANNA DO.
I WANNA RENT THE STORES AT TWO AND A HALF YEARS, TWO YEARS LAST NOVEMBER, NOVEMBER, DECEMBER, JANUARY, FEBRUARY.
IT'S ONLY, IT'S TWO YEARS AND FIVE MONTHS.
I'M GONNA BE ON THE BREAD, THE BREAD LINE SOON.
BUT LOOK, YOU, YOU, YOU DON'T WANNA GIMME YOUR SHOULDER TO CRY ON.
BUT LOOK, IT DOESN'T NECESSARILY MEAN IT'S GONNA BE 42.
DOESN'T NECESSARILY, IT'S GONNA BE 45.
BUT SOMEBODY THAT COMES TO ME, THEY'RE GONNA SAY, HEY, LISTEN, YOU COULD GET 24 SEATS.
I HAD PEOPLE THAT SAID THEY WANT 39 AND, AND THEY, AND I SAYS, I GOT EIGHT.
SO THAT DOESN'T NECESSARILY ETCHED IN STONE THAT WE'RE GONNA HAVE 42.
YOU KNOW, I MEAN, YOU COULD ONLY, UH, YOU ONLY COULD PUT, UH, TWO POUNDS OF POTATOES IN A ONE POUND IN, IN A TWO POUND BAG.
YOU CAN'T PUT TWO POUNDS OF POTATOES AND A ONE POUND BAG.
WE WE'RE JUST TRYING TO, WE WE'RE
[02:25:01]
TRYING OUR BEST.SO GARRETT, THAT, THAT'S A GOOD ANALOGY HE JUST GAVE BECAUSE OF THE SQUARE FOOTAGE OF THAT PROPERTY, THAT WOULDN'T BE ON US IN TERMS OF WHAT THE CFO WOULD BE IN TERMS OF HOW MANY PEOPLE COULD ACTUALLY BE IN THERE.
WOULD WE KNOW THAT? OR SHOULD WE BE CONCERNED ABOUT THAT? WELL, THERE'S A PHYSICAL, UM, SPACE REQUIREMENT.
UM, AND THAT'S NEW YORK STATE BUILDING AND FIRE ROAD.
RIGHT? SO, UM, CHAIRS AND TABLES WITH RESPECT TO EGG INGRESS, EGRESS, MM-HMM.
UM, BUT THE BUILDING DEPARTMENT HAS REVIEWED THIS.
AND A PROPOSAL OF 30 FEET TO THE BEST OF MY UNDER KNOWLEDGE IS, UM, WITHIN NEW YORK STATE BUILDING AND FIRE CODE.
YOU SAID 30 DID YOU SAID 33 SEATS.
WE, WE STILL HAVE TO GO THROUGH THE REQUIREMENTS, THE FIRE DEPARTMENT, HEALTH DEPARTMENT, AND THE BUILDING DEPARTMENT.
AND I KNOW YOU GUYS BEEN BUSY.
YOU DON'T WANT TO HEAR A GUY FOR ANOTHER TWO HOURS.
YOU HAVE SOMETHING ELSE TO ADD? NO, THAT'S IT.
ERIC LOMBARDO, 28 WHITEWOOD ROAD.
MADAM CHAIR, MEMBERS OF THE BOARD, THANK YOU FOR YOUR TIME.
THANK YOU FOR THE ONGOING SUPPORT WHILE I HAVE, UH, PROCESSED THIS, UH, APPLICATION FOR MY FIRST TIME HERE.
AND I WAS GONNA SAY IT'S HOPEFULLY MY LAST TIME, BUT IT'S BEEN PRETTY ENTERTAINING SO FAR.
SO, UH, IT'S BEEN A GOOD WORTH.
GOOD, GOOD, GOOD SPEND OF TIME.
I OWN 28 WHITEWOOD ROAD WITH MY WIFE, AND WE HAVE THREE KIDS.
WE PURCHASED A HOME ABOUT 12 YEARS AGO.
THERE WERE TWO SHEDS ON THE PROPERTY WHEN WE PURCHASED A HOME.
THE SURVEY AT THE TIME OF PURCHASE REFLECTED A, A STRUCTURE WHICH WAS THE SHED AND A AN ABOVE GROUND POOL, WHICH IS STILL THERE.
AND I NEVER GAVE ANY OTHER THOUGHT OTHER THAN WHAT WAS BEING PRESENTED ON THE EXISTING SURVEY.
IT WASN'T UNTIL I DID SOME WORK TO MY DRIVEWAY AND, AND THE SURROUNDING AREA WHERE I NEEDED TO SUBMIT AN AS-BUILT SURVEY TO, TO CLOSE THE PERMIT, THAT IT WAS BROUGHT TO MY ATTENTION THAT THE TWO STRUCTURES ON THE PROPERTY WHEN WE BOUGHT THE HOUSE, THERE WERE ISSUES WITH IT.
UH, THERE WERE ISSUES BECAUSE OF THE SIZE AND THE SETBACKS THAT WERE WHERE THEY WERE PLACED.
AND THERE WAS AN ISSUE THAT THERE WERE TWO STRUCTURES INSTEAD OF ONE.
I'M ASKING FOR APPROVAL TO KEEP THOSE STRUCTURES BOTH IN PLACE AND TO KEEP BOTH OF THOSE STRUCTURES AS, AS OPPOSED TO LIMITING IT JUST TO THE ONE THAT'S, THAT'S NORMALLY ALLOWED.
THEY HAVE A LOT OF EQUIPMENT, SPORTS EQUIPMENT, BIKES, UH, GOALS THAT WE PUT ON THE LAWN IN THE WINTER AND IN, YOU KNOW, WHEN ARRANGED WE BRING THEM IN, IN, IN THOSE SHEDS.
UM, THE PATIO FURNITURE WE INVEST IN, WE CAN INCREASE THE LONGEVITY OF IT BY BRINGING IT IN, IN THE, IN THE SHEDS THROUGHOUT THE WINTER.
SO IT, IT DOESN'T GET DAMAGED IN THE RAIN AND THE SNOW.
MOST IMPORTANTLY, IT PROVIDES US WITH A CERTAIN SENSE OF PRIVACY.
OUR, OUR HOME BORDERS, THE PLAYING FIELDS OF WESTCHESTER COMMUNITY COLLEGE, UM, RIGHT AFTER A, A FENCE.
SO THE, WHERE THE POOL IS STRUCTURED AND WHERE THE TWO SHEDS ARE STRUCTURED AFTER THAT FENCE LINE, THERE'S A PLAYING FIELD.
SO THAT WHEN MY FAMILY IS IN THE POOL, IN THE YARD, IN THE SUMMER, WELL, AND GAMES ARE GOING ON, THE LINE OF SIGHT FROM THE FIELD INTO OUR PROPERTY IS, IS BLOCKED.
AND, AND WE ENJOY THAT PRIVACY.
OUR NEIGHBORS THAT ARE SITUATED ON THAT, ON, ON THAT SAME SIDE OF THE STREET, ENJOY THAT PRIVACY AS WELL.
SO IN, IN TOTALITY IT'S 32 FEET OF PRIVACY THAT NORMALLY THE FIELD WOULD HAVE CLEAR VIEW INTO OUR YARDS.
UM, THERE'S A NOISE BARRIER THAT IT PROVIDES.
UM, THE COST OF MOVING IT IS, IS PRETTY SUBSTANTIAL.
THERE'S NOT MUCH ROOM TO MOVE THE SETBACK CLOSER TO THE POOL AND TO PUT THEM IN OTHER AREAS, THEY WOULD LIKELY GET DAMAGED IF I WERE TO MOVE THEM AND BRING THEM ELSEWHERE.
THE REPLACEMENT COSTS OF EACH OF THOSE SHEDS ARE ABOUT $4,500, UH, IN TODAY'S COST.
SO THE REQUEST IS TO KEEP THEM IN PLACE AND, AND, AND TO REMAIN, UH, BOTH OF THEM ON, ON, ON SITE.
I, I JUST HAVE A QUESTION MAYBE FOR GARRETT OR ED
[02:30:02]
THEM? I SEE THE TWO, UM, AREA VARIANCES FOR SETBACK, BUT WE ALSO LEGALIZING ONE SHED TO TWO SHEDS.SO THAT THREE VARIANCES BASICALLY.
I DON'T SEE, UM, I DON'T SEE A VARIANCE FOR TWO SHED LEGALIZING SETBACK.
THAT'S WHAT I, SO, SO IT'S JUST, SO THAT'S MY QUESTION.
TWO AREA VARIANCES OR WHAT'S, WHAT, WHAT AM I, SO THEY'RE ALLOWED TO HAVE TWO SHEDS.
SO YOU'RE NOT ASKING FOR A VARIANCE.
I BELIEVE THAT'S FOR TWO SHEDS.
SO IT'S JUST THAT THEY'RE BOTH NOT WITHIN THE CENTER I, THAT I GET.
I JUST DIDN'T KNOW THAT YOU'RE ONLY ALLOWED ONE SHED AND HE HAS TWO OR RIGHT.
THAT WAS THE FIRST DIVE I HEARD.
SO WE'RE ALL ON THE SAME PAGE.
SO YOU, YOU TWO TOTAL VARIANCES.
NOT THE NUMBER OF SHEDS, JUST THE SETBACKS.
AND DID YOU DO ANY ADDITIONAL WORK TO THE SHEDS TO MAINTAIN THEM OR TO IMPROVE THEM AT ALL? UH, OTHER THAN CLEANING AND PLAN THINGS AROUND IT, I DIDN'T CHANGE THE STRUCTURES AT ALL.
SORRY IF I MISSED IT TO THE LEFT OR, UH, BEHIND THE SHEDS.
HOW DO YOU CHARACTERIZE THAT NEIGHBORING PROPERTY? IT'S THE PLAYING FIELDS OF WESTCHESTER COMMUNITY COLLEGE.
THERE'S A FENCE LINE AND THE, THERE'S FORESTRY THERE.
IS THE FENCE YOUR FENCE OR IS IT THE, UM, WESTCHESTER COMMUNITY COLLEGE FENCE? IT'S THE FENCE FOR WESTCHESTER COMMUNITY COLLEGE.
AND IF IT MAKES A DIFFERENCE, THE, THE FENCE IS OLD.
IT'S BENT FROM TREES FALLING ON IT BENT INTO MY PROPERTY.
THE, THERE'S, THERE'S BARBED WIRE ON THE FENCE AS WELL.
THOSE SHEDS PROVIDE BLOCKAGE FOR MY KIDS OR, AND, AND DOG RUNNING INTO THE FENCE AND POTENTIALLY GETTING INJURED AS WELL.
ANYONE ELSE HAVE ANY OBJECTION OR DO YOU HAVE ANYTHING FROM ANY NEIGHBOR THAT IS, UH, MADE A THEIR, THEIR, UH, POSITION? I BELIEVE THERE ARE LETTERS OF SUPPORT THAT WERE, UM, SUBMITTED EARLIER THIS WEEK FROM NEIGHBORS.
AND THE LAST CASE WE HAVE IS CASE 24 0 1 LEE AND PETRA BOFF.
I'M REPRESENTING HOMEOWNERS LEE AND PETRO BOY.
UH, WE'RE SEEKING A VARIANCE FOR A SIDE YARD SETBACK AND THE MAXIMUM WIDTH OF A DRIVEWAY FOR THE PROPERTY LOCATED AT ONE 60 FORT HILL ROAD.
UM, KEEP THIS BRIEF, I'M SURE YOU ALREADY, UH, REVIEWED THE MATERIALS.
UM, BUT THE DRIVEWAY WAS PART OF A LARGER RENOVATION TO THE HOUSE, UM, WHICH WE RECEIVED ALL THE APPROPRIATE APPROVALS.
UM, DURING THE CONSTRUCTION OF THE DRIVEWAY, A UH, SMALL WEDGE-SHAPED AREA TO THE NORTH SIDE WAS ADDED.
UM, AND THIS IS THE AREA IN WHICH WE ARE SEEKING THE VARIANCE THAT, UH, SURVEY UP THERE IS THE PREVIOUS IS THE SURVEY OF THE OLD HOUSE PRIOR TO THE RENOVATION.
AND YOU CAN SEE THE PREVIOUS DRIVEWAY WAS, UM, WELL EXCEEDED THE, UH, THE ALLOWABLE, UM, SQUARE FOOTAGE AND THE SETBACKS IT EX EXTENDED TO THE SIDE OF THE HOUSE AND ALL THE WAY TO THE PROPERTY LINE.
UH, THE REASON WE'RE SEEKING, UH, OR
[02:35:01]
THE REASON THIS PORTION OF THE DRIVEWAY WAS ADDED WAS TO BE ABLE TO SAFELY EXIT THE DRIVEWAY.UM, AS YOU KNOW, FORT HILL ROAD IS A VERY BUSY ROAD, AS IN ADDITION TO THE HIGH FLOW OF TRAFFIC.
UH, THEY'RE OFTEN SPEEDING CARS.
UH, THE CURRENT DRIVEWAY IS U-SHAPED.
YOU SEE THAT PORTION ON THE RIGHT IS A PORTION WE'RE ADDING.
THE CURRENT DRIVEWAY IS U-SHAPED, WHICH, UM, TYPICALLY WOULD BE GOOD THAT YOU CAN DRIVE OUT FORWARD.
BUT THE SOUTH EXIT, WHICH IS THE EXIT TO THE LEFT OF THAT PICTURE, UH, IS VIRTUALLY UNUSABLE.
UH, IT'S BECAUSE THAT EXIT IS RIGHT AROUND THE CORNER ON FORT HILL ROAD.
AND IF YOU STOP AT THAT PICTURE, UM, THAT TREE AND THE NEIGHBOR'S FENCE PREVENT YOU FROM SEEING ONCOMING TRAFFIC COMING FROM THE SOUTH.
UM, YOU CAN ONLY SEE ABOUT 20 FEET.
I'VE EXPERIENCED LIKE SEVERAL NEAR ACCIDENTS WORKING ON THE PROJECT, TRYING TO GET OUT.
THE ONCOMING TRAFFIC ON COMING FROM THE SOUTH JUST COMES UP AT A HIGH SPEED.
SO WHAT THAT LITTLE PORTION THAT WE'VE ADDED TO THE NORTH DOES IS IT ALLOWS US TO TURN AROUND AND THEN EXIT THE NORTH DRIVEWAY OR THE NORTH ENTRANCE, UM, FACING FORWARD RATHER THAN BACKING OUT.
SO WE CAN BACK OUT, TURN AROUND, AND THEN EXIT DRIVING FORWARD ALONG THE NORTH EXIT.
UH, I'D LIKE TO POINT OUT THAT, UM, IN THAT PICTURE YOU CAN SEE THAT WE'VE SIGNIFICANTLY, SIGNIFICANTLY REDUCED THE AREA OF THE DRIVEWAY.
UM, IT DOES, IT NO LONGER EXTENDS TO THE SIDE OF THE HOUSE, WHICH WAS THERE PREVIOUSLY.
AND WE'VE ALSO SET IT BACK FROM THE SIDE YARD, UH, ABOUT TWO AND A HALF FEET.
UH, THE PLAN IS IN THE FUTURE TO PROVIDE PLANTING TO PROVIDE A PRIVACY SCREEN TO THE NEIGHBOR.
UM, YEAH, I THINK, UH, KEEP IT SIMPLE.
UM, WITH THAT, I'D ALSO LIKE TO WELCOME LEE.
WE'D LIKE TO SAY SOMETHING COULD EVENING.
UH, I'M LEE WOFF, THE, UH, OWNER OF ONE 60 FORT HILL ROAD IN SCARSDALE GREENBURG.
UM, AND I'M HERE WITH MY WIFE PETRA.
UH, I THINK JOHN SUM THINGS UP REALLY NICELY.
I JUST WANTED TO MENTION A A FEW OTHER QUICK THINGS FOR ADDITIONAL CONTEXT.
REALLY, OUR PRIMARY FOCUS HERE IS SAFETY.
UM, WE ARE THE PARENTS OF TWO ELEMENTARY SCHOOL AGED CHILDREN.
UH, WE PLAN TO STAY IN THE HOUSE FOR A DECADE OR MORE.
AT SOME POINT THEY WILL BE DRIVERS THEMSELVES.
WE WILL BE NERVOUS PARENTS OF TEENAGE DRIVERS.
UM, BUT I THINK IN THE SHORT TERM, WE THINK ABOUT OUR CHILDREN AND THE CHILDREN IN THE HOUSE NEXT TO OURS.
UM, THERE IS A SIDEWALK IN FRONT THAT'S VERY BUSY AND, AND QUITE A FEW PEDESTRIANS THAT WALK IN FRONT OF THE HOUSE.
AND AS JOHN MENTIONED, WE'RE ON A BLIND CURVE.
AND ONE OF THE THINGS THAT'S QUITE DANGEROUS ABOUT FORD HILL ROAD IS THAT IT IS USED BY DRIVERS TO BYPASS THE TRAFFIC ON CENTRAL AVENUE.
PEOPLE REGULARLY GO BY AT 45, 50.
WE KNOW, 'CAUSE THERE'S A ALWAYS ON SPEEDOMETER THERE THAT SHOWS YOUR SPEED.
SO WE SEE PEOPLE GOING 50 ON THE 30, AND SO THEY COME 50 MILES AN HOUR AROUND THE, THE BLIND CURVE.
AND THAT'S WHAT MAKES THE SOUTH, UM, ENTRANCE AND, AND EXIT POINT PRETTY MUCH UNUSABLE FOR US.
AND AGAIN, WE DON'T WANNA HAVE TO BACK OUT.
SO WE THINK THE SAFEST WAY, UH, FOR DRIVERS AND PEDESTRIANS AND FOR OUR FAMILY AND FOR OUR NEIGHBOR IS TO BE ABLE TO TURN AROUND AND, AND EXIT ON THE NORTH PART OF THE DRIVEWAY FRONT FORWARD.
UM, ONE FINAL THING TO MENTION IS THE VARIANCE THAT WE'RE SEEKING HERE IS ADJACENT TO ONE 70 FORT HILL ROAD.
WE HAVE A LETTER OF SUPPORT, UH, FROM OUR NEIGHBORS AT ONE 70 FORT HILL.
UH, THEY HAVE BEEN MEMBERS OF THE COMMUNITY FOR OVER 40 YEARS.
UM, AND, UH, WE HAVE MADE SEVERAL UPDATES TO THE PROPERTY THAT HAVE ENHANCED, UH, THEIR EXPERIENCE.
UM, WE HAVE REDUCED, THERE WERE SOME SIGHT LINE ISSUES THAT MADE IT DIFFICULT FOR THEM TO EXIT THEIR DRIVEWAY.
SO WE HAVE REDUCED SHRUBBERY, UM, AND MADE SOME OTHER CHANGES THAT MAKE IT SAFER FOR THEM.
UH, WHEN WE PURCHASED THE HOUSE, JOHN MENTIONED THE DRIVEWAY WAS A LOT BIGGER, SO WE'VE ALREADY REDUCED THE AMOUNT OF PAVEMENT.
ALSO, WHEN WE PURCHASED THE HOUSE, THE DRIVEWAY LITERALLY ABUTTED THEIR PROPERTY WITH ZERO FEET OF CLEARANCE.
SO WE'VE ADDED, UH, SOME BUFFER BETWEEN THEIR PROPERTY AND OUR PROPERTY TO PUT UP GREEN SPACE AND HIS, AS HE SAID, A PRIVACY SHIELD.
IN SUMMARY, WE'RE REALLY JUST FOCUSED ON, ON SAFETY HERE AND, UH, APPRECIATE YOUR CONSIDERATION TONIGHT.
HAPPY TO ANSWER ANY QUESTIONS.
DID YOU EVER CONSIDER, SINCE YOU DON'T WANT TO USE THE SOUTH END OF YOUR DRIVEWAY, JUST GETTING RID OF THAT CURB CUT ALTOGETHER AND MAKING IT LAWN? UM, NO, BECAUSE THERE'S A SIDEWALK THERE.
[02:40:02]
WE, WE JUST ASSUMED THERE WOULD BE THAT STRIP OF PAVEMENT FOR THE SIDEWALK.NO, I MEAN, LIKE, INSTEAD OF MAKING IT A PORSCHE WHERE YOU COULDN'T, YOU KNOW, GO IN AND EXIT OUT ON THE SOUTH SIDE, IF YOU'RE NEVER GONNA USE THE SOUTH SIDE, WHY KEEP THE DRIVEWAY THERE? YEAH, THAT'S A, THAT'S A GOOD QUESTION, HONESTLY.
UM, I MEAN, YEAH, WE, WE STARTED THE PROJECT RIGHT AFTER WE BOUGHT THE HOUSE.
WE ACTUALLY DIDN'T REALIZE HOW BUSY FORD HILL ROAD WAS, UH,
UM, SO NO, THAT WASN'T SOMETHING THAT WAS, THAT WAS PREVIOUSLY ON THE RADAR, ALTHOUGH IN HINDSIGHT, NOT A BAD IDEA.
IS IT SOMETHING THAT YOU SELL? IT'S A GOOD THING WE HAVE THE DRIVEWAY THE WAY IT IS.
I MEAN, DOES THAT EVER COME UP? I MEAN, I THINK THE PRIMARY BENEFIT THERE IS, SO, UM, THE MAILMAN OR THE MAIL PERSON AND THE DELIVERY TRUCK DRIVERS WILL USE OUR DRIVEWAY TO SERVICE THE ENTIRE NEIGHBORHOOD.
SO WHAT HAPPENS IS, NO, I'M, I'M SERIOUS.
SO RATHER THAN STOPPING ON FORT HILL ROAD AND BLOCKING TRAFFIC, UM, THE UPS TRUCK, THE FEDEX TRUCK AND OUR MAIL CARRIER WILL PULL THEIR TRUCK INTO OUR DRIVEWAY AND, AND THE AMAZON DELIVERY PEOPLE, YOU KNOW, GET, GATHER ALL THE BOXES FOR ALL THE NEIGHBORS IN OUR AREA, LEAVE, STAY IN OUR DRIVEWAY.
THEY'LL MAKE ALL THE DELIVERIES ON FOOT, GET BACK IN.
AND THEY ACTUALLY DO, I MEAN, I DON'T THINK IT'S SAFE, BUT THEY ACTUALLY DO USE THE OTHER SIDE.
WELL, THEY HAVE A BIGGER SOMETHING.
THEY'RE HIGHER UP TOO, SO THEY CAN SEE A LITTLE BIT MORE EASILY.
SO IT'S NOT SOMETHING THAT, UM, IF IT WERE REMOVED, MOVED, WOULD REALLY COMPROMISE HOW YOU COULD LIVE IN YOUR HOUSE AND ENJOY IT.
I MEAN, IT JUST, THERE WOULD BE EXPENSE.
UM, YOU KNOW, BUT WE, WE DON'T USE THAT SIDE, I GUESS IS, YEAH.
SORRY, WE DON'T USE THAT SITE AS AN INGRESS.
AS YOU CAN SEE BY THE TWO CARS PARKED THERE, YOU KNOW, THERE THERE ARE, IT IS USED TO, UM, HAVE CARS SIT STILL.
SO JUST A QUESTION OF CLARITY.
COME BACK, COME BACK, COME BACK.
WHAT YOU HAVE IN RED IS WHAT YOU'RE REQUESTING BECAUSE, UM, I THOUGHT THAT THAT LITTLE AREA WAS ALREADY PAVED AND WE'RE JUST, IT WAS ALREADY PAVED OUT.
IT WAS PAVED DURING THE PAVING OF THE NEW DRIVEWAY.
AND SO ARE WE LOOKING TO GO BACK FURTHER NOW WHERE THE RED IS? NO, THAT, UM, THAT AREA THAT SAYS REQUESTED VARIANCE, THAT PAVEMENT AREA, UHHUH, THAT'S WHAT WE'RE REQUESTING, WHICH IS ALREADY THE EXISTING, WHICH IS ALREADY THERE.
AND THEN THAT RED LINE TO THE SIDE AND THE BACK WAS WHAT WAS PREVIOUSLY THERE.
AND THEN WHEN WE BOUGHT THE HOUSE, THE RED AREA WAS ALL PAVED.
AND THEN THAT CURVED RED LINE IS WHAT WE WERE APPROVED FOR.
THE, THE DRIVEWAY TO THE, UM, WHERE MY CURSOR IS YES.
IT'S, IT'S NOT SAFE TO EXIT THE PROPERTY ON THAT END, ON THE, THE LEFT SIDE AT ALL.
EVEN IF IT'S A RIGHT OUT, UM, IT'S, IT'S SAFER TO MAKE A RIGHT THAN TO MAKE A LEFT, BUT THE LINE OF SIGHT IS LIMITED.
IT'S CHALLENGED BOTH DIRECTIONS.
ANYONE OUT THERE? I WANNA SAY SOMETHING? WHAT YOU DO? I WANNA SAY SOMETHING.
WE DON'T NEED TO KEEP THESE FOLKS ANY THANK YOU ANY LONGER.
UH, WHAT'S A SPEAKING CITY? CAN YOU HEAR ME NOW? YEAH.
CAN YOU HEAR ME NOW? UM, DO YOU NOT USE YOUR GARAGES TO PARK YOUR CARS? UH, WE DO, WE DO USE OUR GARAGES TO PARK OUR CARS.
UM, IN FACT, I THINK IN THAT PHOTO WE SHARED WITH YOU THE, UM, THE CAR IN THE DRIVEWAY WAS, WAS JOHN OUR ARCHITECT, OUR ARCHITECT'S CAR.
SO I'M CURIOUS WHY YOU'RE NOT BACKING YOUR CAR OUT TO THE
[02:45:01]
NOR TO THE, WHERE THE CARS ARE PARKED NOW.EITHER BACK YOUR CAR OUT INTO THE PART YOU DON'T USE, AND THEN YOU'RE FACING OUT.
UM, IT'S HARD TO SEE FROM THIS ANGLE, BUT MAYBE THE OVERHEAD WILL SHOW IF YOU'RE BACKING OUT OF THE DRIVEWAY.
SO THERE'S A LITTLE BIT OF AN INCLINE UP, SORRY, COMING OUT OF THE GARAGE.
THERE'S A LITTLE BIT OF AN INCLINE UP, BUT THEN ALSO IT'S HARD TO SWING THE REAR OF THE VEHICLE TO THE LEFT IN AN AGGRESSIVE WAY, UM, BECAUSE OF THE, WHERE, WHERE THE DRIVEWAY IS.
UM, SORRY, I'M, I'M NOT SURE I'M ABLE TO DESCRIBE THIS.
IF WE COULD TURN THE WHEEL ALL THE WAY TO THE LEFT WHILE BACKING OUT OF THE DRIVEWAY SHARPLY, THEN WHAT YOU'RE SUGGESTING WOULD WORK.
BUT THE WAY THAT THE PROPERTY IS AND WHERE, WHERE THE DRIVEWAY IS, WE'RE ONLY ABLE TO SOFTLY TURN TO THE LEFT AND THEN WE RUN OUT OF ROOM.
SO THEN YOU'RE AIMING WHERE THE CARS ARE AIMING RIGHT NOW, WHICH IS TO TAKE THEM OUT OVER THERE? NO, THEY, THEY COME TO THE RIGHT.
SO, SO ESSENTIALLY WHEN WE, IF WE, BACK WHEN WE BACK OUT OF THE GARAGE, THE VEHICLES END UP GOING TOWARDS SORT OF WHERE THAT YELLOW SIGN IS, AND THEN WE RUN INTO THE MEDIAN, AND THEN WE HAVE TO GO TURN FORWARD TO THE RIGHT KIND OF THREE POINT TURNS DIAL.
AND THE EXTRA, UH, SPACE THAT WE'RE REQUESTING ALLOWS US TO DO THAT THREE POINT TURN.
BUT IF WE DIDN'T GET THE, THE CLEAR, THE VARIANCE THAT WE'RE REQUESTING IT WOULD BE, AND MAYBE WE COULD DO A 19 POINT TURN, BUT IT WOULD BE NEARLY IMPOSSIBLE TO SORT OF SHIMMY BACK AND FORTH.
DOES THAT MAKE SENSE? NO, NOT AT ALL.
I, UM, IF YOU WANNA TAKE, IF YOU WANT COME, IF YOU WANT COME TO THE HOUSE AND, AND BACK A VEHICLE, I, AND I DRIVE BY THIS, I DRIVE BY THIS ALL THE TIME.
I'M ONE OF THOSE PEOPLE WHO AVOID CENTRAL AVENUE.
WELL, NO, I'M GOING TO JOANNE'S, SO I DON'T NEED TO GO TO CENTRAL.
SO IF YOU'RE COMING, YOU'RE BACKING OUT, WHY ARE YOU NOT BACKING OUT TO TOUCH THE BACK OF THE WHITE CAR? WE, WE ATTEMPT, WE ATTEMPT TO DO THAT.
THERE'S JUST NOT A SUFFICIENT AMOUNT OF SPACE.
THEN ALTERNATIVELY, ALTERNATIVELY, IF YOU WERE TO COME IN FROM THIS AREA AND GO STRAIGHT AND THEN BACK UP TO WHERE THE WHITE CAR IS, YOU WOULD ONLY NEED YOU, YOU WOULD ONLY NEED ENOUGH SPACE TO GO STRAIGHT.
YOU WOULDN'T NEED THAT WHOLE SIDE NEXT TO YOUR NEIGHBORS.
SO I'M UNDER TRYING TO UNDERSTAND WHY YOU DON'T DO THAT THREE POINT TURN.
IS THAT BECAUSE YEAH, I THINK, I THINK, I THINK MY, MY WIFE CAN, CAN DEFINITELY HELP HERE.
SO, UM, MAYBE SHE CAN EXPLAIN IT BETTER THAN I CAN.
I, THE OTHER THING THAT I SHOULD NOTE IS, YOU KNOW, WE HAVE A BABYSITTER THAT COMES, LIKE THERE'S OFTEN A THIRD CAR IN THE DRIVEWAY AS WELL, SO THAT, THAT ALSO, YOU KNOW, CREATES A, A CHALLENGE.
WELL, I UNDERSTAND THAT'S WHY YOU'RE NOT TAKING OUT THE DRIVEWAY.
IT'S A PARKING LOT, RIGHT? WELL, SO, SO FIRST OF ALL, THERE'S NO ALTERNATE PARKING ON FORT HILL.
SO ANYBODY WHO COMES TO VISIT US NEEDS TO PARK IN THE DRIVEWAY.
AND WHETHER THAT'S A BABYSITTER OR A FRIEND, YOU KNOW, WE DO PARK IN THE, IN THE, IN THE GARAGE, BUT WE LEAVE THE REST OF THE DRIVEWAY OPEN TO VISITORS, BABYSITTERS.
AND SO BECAUSE THEY CANNOT PARK ON, ON THE STREET, UM, WE, WE ARE NOT ALLOWED STREET PARKING HERE, WHICH IS FINE.
UM, BUT IN, IN RESPONSE TO YOUR QUESTION ABOUT BACKING OUT OF THE GARAGE, WHAT WE DO IS WE, WE BACK OUT TO THE LEFT AND THEN WE TURN AROUND TO THE, TO THE RIGHT TOWARDS WHERE THOSE RED LINES ARE.
IF WE DIDN'T HAVE THAT SECTION THAT'S, THAT'S, UH, AS PART OF THE VARIANCE, WE WOULD BACK OUT.
AND THEN WE'D HAVE TO GO FORWARD AND THEN BACK OUT AGAIN, AND THEN GO FORWARD AND THEN BACK OUT AND DO, YOU KNOW, LIKE A FIVE TO NINE POINT TURN BECAUSE OUR, I GUESS ONE, TWO, OUR SECOND POINT IS WITHIN THAT VARIANCE AREA.
SO WE YEAH, I NO, I, BUT IF YOU DIDN'T HAVE IT CURVED, IF WHERE THE CURVE STARTS MM-HMM.
I, I'M, I I UNDERSTAND YOUR POINT.
YOU'D STILL BE OUT MAYBE EIGHT TO 10 FEET TO THE RIGHT OF THE HOUSE.
YOU JUST WOULDN'T BE ALL THE WAY OVER THE WAY YOU ARE.
I'M TRYING TO, I I I'M TRYING TO UNDERSTAND WHY YOU HAVE THAT EXTRA
[02:50:01]
NOTCH IN THAT SEEMS EXCESSIVE.IT'S ALMOST THE SIZE OF A PARKING SPOT.
SO, I MEAN, I WILL SAY THAT THE PAVEMENT DID EXTEND FURTHER BEFORE WE DID ALL OF THIS RENOVATION.
UM, AND IT WAS CREATED THERE TO CREATE A PLANTING BED AND TO CREATE SCREENING.
DID I ANSWER YOUR QUESTION? NO.
THERE'S ALSO A STEEP INCLINE TO GET IN AND OUT OF THE GARAGE.
AND SO YEAH, THAT FURTHER COMPLICATES IT.
IT'S, IT'S WHY I MENTIONED, YOU KNOW, IT'S SORT OF HELPFUL.
IS IT THE PROPERTY TO SEE IT? BUT YEAH, IT'S NOT A FLAT, IT'S NOT A, UM, IT'S NOT A FLAT ENTRY AND EXIT POINT INTO THE GARAGE, WHICH, WHICH MAKES IT HARDER AS WELL TO KIND OF NAVIGATE THAT, THAT TURN.
DO YOU SEE THE DOTTED LINE BETWEEN THE SPACE THAT USED TO, THAT'S MIDWAY DOWN BETWEEN THE SPACE THAT USED TO BE PAVED? MM-HMM.
IF YOU EXTEND THAT LINE, EXTEND THAT LINE DOWN TO THIS ROAD.
SO YOU WOULD NOT BE, SO YOU, THE, THE AMOUNT OF THE VARIANCE YOU'RE ASKING WOULD BE MUCH SMALLER.
SO I WOULD SAY THAT IN ORDER TO DO THE ACTUAL THREE POINT TURN, WE USE MOST OF THE AREA UNDER THE VARIANCE.
LIKE, I THINK IT'S, IT'S FURTHER THAN WHAT YOU'RE SUGGESTING THAT WE HAVE TO USE IN ORDER TO GET OUT OF THE DRIVEWAY.
THIS IS TO LEGALIZE SOMETHING THAT ALREADY USES RECORDING STOPPED.
TAKE A FIVE MINUTE BREAK AND THEN YES.
DIANE, I'M HERE TALKING TO YOUR MICROPHONE.
CAN YOU HEAR ME? YEAH, WE HEAR YOU.
UM, SO HERE IN SECOND, SHE'S MAKING THE SANDWICH.
OKAY, HAVE A BITE FOR ME, RIGHT CHAIR.
WHICH WAY YOU WANT TO GO? FRONT TO BACK FRONT? WE CAN GO BACK TO FRONT.
I MEAN, THIS HAS BEEN ONE OF THOSE KIND OF NIGHTS
I MEAN HE, HE MENTIONED, AND I'M JUST JUMPING HERE THAT, UH, IT WOULD, WHICH, WHICH CASE ARE WE ON BEST? THE LAST WHAT? LAST ONE.
UH, HE, HE MENTIONED TURN ON YOUR HONOR.
THAT'S THE, IT'S DIDN'T LOOK LIKE IT ON, YOU GOTTA LOOK AT IT.
I BELIEVE YOU CAN'T EVEN HAVE IT.
IS THIS BETTER ALIENS? THIS THING DOESN'T OH, YOU CAN BEND THE TOP DOWN.
WILLIAM IS DOING ALL WELL, WAS LOSING IT OVER HERE.
HE, HE'S, HE'S IMAGINING THAT WE'RE IN THE WAR OF THE WORLD AGAIN.
DONE WHAT I WAS GONNA SAY THAT HE SAID TO ME, WELL, I HAD TWO THOUGHTS.
ONE WAS, I SAID, WHEN YOU LIVE ON A ROAD LIKE THAT, FOUR HILL ROAD.
AND YOU WANNA HAVE PEOPLE COME TO YOUR HOUSE OTHER THAN YOURSELF.
IF YOU'RE IN TROUBLE, YOU'RE IN TROUBLE.
BUT HE ONLY MENTIONED THE FACT THAT HE HAS A NANNY.
SO I GUESS HE RECOGNIZES THAT WHEN THEY HAVE PARTIES THEY HAVE TO GO TO A RESTAURANT.
BUT, UM, WHAT HE DID SAY THAT I FELT YOU FELT IN
[02:55:01]
PAIN.NO, I, I FELT THAT HE WASN'T REALLY IN NECESSARILY IN NEED OF USING THAT SOUTH OF SOUTH, THE NORTH PART OF THE, UH, DRIVEWAY WITH RESPECT TO, DID I SAY SOUTH? YEAH, SOUTH.
HE WAS GOING SOUTH OR GOING NORTH.
AND ANYWAY, THE NORTH, I THINK IT'S THE NORTH, NORTH IS THE PART THAT THEY USE.
SOUTH IS THE PART THAT IS TOO DANGEROUS TO USE.
SO HE SAID, WELL, THE ONLY, YOU KNOW, THE ONLY YOU KNOW THING THAT WOULD AFFECT US WOULD BE, WELL IT WOULD BE TAKE, WOULD COST MONEY TO GET RID OF IT OR SOMETHING.
AND I DON'T KNOW HOW MUCH YOU HAVE TO DO TO GET RID OF A DRIVEWAY.
YOU FILL IT IN THE WAY HE DESCRIBED IT FROM BEING ON THIS SLANT.
HAVE TO ASK THE OTHER APPLICANT.
BUT OTHER THAN GET RID OF ASPHALT, JUST GONNA SAY THAT I ALREADY SAID NO, WE CAN'T DO, WE CAN'T DO ASPHALT FROM, WE HAVE TO, I DON'T THINK THEY WOULD ACCEPT IT.
OF COURSE, IT'S PRIVATE, RIGHT? PRIVATE.
IT'S PRIVATE ASPHALT, PRIVATE ASPHALT CARS JUST SIT THERE.
UM, BUT, AND THEN THE LAST, I I, I THINK, I DON'T KNOW WHO ANSWERED, ASKED THAT QUESTION ABOUT WHY THEY STILL MAINTAINED THAT LARGE SECTION IN THE BACK AND MADE JUST THIS LITTLE STRIP OF LAND FOR THE NEIGHBOR AS OPPOSED TO NO, THEY DELETED, THEY DELETED THE PIECE IN THE BACK.
BUT WHERE THEY, I DON'T HAVE IT ON THE MAP.
WHERE, WHERE THEY, THE WAY IN WHICH THEY DESIGNED IT, THEY DIDN'T, I DIDN'T, DIDN'T SEE THE PURPOSE OF THEIR DESIGN.
IT COULD HAVE BEEN CERTAINLY, I MEAN, THEY BOTH MAINTAINED THAT IN ORDER TO BACK OUT OF THE DRIVEWAY AND DO THE THREE POINT TURN, YOU THEY USE, THEY HAD TO HAVE THAT LITTLE, ALL THAT SPACE HAD TO HAVE THAT LITTLE, SO I GUESS THEY, THEY'D DO THIS AND THEN COME OUT, RIGHT.
INSTEAD OF LIKE DOING THIS AND THEN DOING IT A FEW TIMES.
I, I THOUGHT SHAUNA MADE A GOOD POINT THAT, AND I THINK THIS IS, UM, WHAT YOU GUYS WERE GETTING TO IS THAT THEY COULD HAVE GONE FROM THE STREET STRAIGHT UP INSTEAD OF CURVING OVER TO THE NEIGHBORS, AND THAT WOULD'VE GIVEN THEM PROBABLY ANOTHER FIVE FEET ON THE NEIGHBOR'S SIDE OF THE PROPERTY IN THE BACK INSTEAD OF LIKE PUTTING THAT CURB.
UM, I, I DO THINK THAT IT'S SO PAVED IN THAT FRONT AND THAT'S MAYBE WHAT'S STOPPING ALL OF US, THAT THAT DOES STAND OUT IN THE NEIGHBORHOOD.
THEY DON'T HAVE A BIG FRONT DOOR OR WHATEVER THEY HAVE.
WHAT ARE YOU SHOWING GARY, SHOWING THE VANTAGE POINT FROM THE NEIGHBORING SITE? IT'S ALMOST LIKE THEY HAVE A MIRROR IMAGE OF, UH, THEY DO AND, AND I THINK THEIR, THEIR RENDITION OF WHAT THEY'RE PROPOSING THAT WAS ALREADY THERE.
AND WHAT THEY'RE DOING NOW IS THEY REMOVE, OR THEY HAVE REMOVED 954 SQUARE FEET OF DRIVEWAY.
RIGHT? SO OF THE NON, OF, OF THE NON ALLOWABLE SURFACE AREA, THEY'RE ONLY ASKING NOW FOR 320 SQUARE FEET.
SO THEY'VE ACTUALLY REDUCED WHAT IT WAS WHEN THEY PURCHASED THE PROPERTY.
BUT THE POINT WAS, UM, AS FAR AS THIS, GARRETT, YOUR POINT THAT THE NEIGHBORS HAVE THE SAME THING.
IF YOU LOOK THE NEIGHBORS HOUSES SET BACK FURTHER, BUT MANY OF THE HOUSES ON SAME THING.
BUT MANY OF THE HOUSES ON FORT HILL ROAD HAVE A LITTLE WRAPAROUND.
I I DON'T IF IF I THINK IT'S MORE PAVED THAN THE REST OF THE HOUSES ON THE ROAD.
AND THERE ARE OTHERS THAT ARE STARTING TO TRY TO DO THIS.
AND I THINK YOU'RE JUST GONNA END UP WITH ALL THESE NO, NO YARDS FROM, FROM THE STREET VIEW AT LEAST.
I MEAN, SO WE ARE AGAINST THIS SOME MAYBE, I I THINK WE SHOULD GIVEN THE OPPORTUNITY TO COME BACK WITH SOMETHING.
SO THIS WHOLE THING USED TO, I'M NOT AGAINST STRAIGHT ALL THE WAY BACK.
THEY'RE, WE'RE GIVING TWO FEET.
[03:00:01]
MY ONLY PROBLEM WAS YOU, YOU'RE PUTTING ON THE RECORD THAT YOU'RE NOT USING THIS MM-HMM.SO CLOSE UP THE SOUTH THEN YEAH.
DO SOMETHING WITH IT IN ORDER.
EXCEPT THAT'S NOT A PART OF I KNOW THE VARIANCE.
AND THEY DON'T, THEY'RE COVERAGE AND THEY DON'T NEED, UH, YOU KEEP ON TALKING ABOUT THEY NEED A CERTAIN AMOUNT OF SQUARE FEET.
UH, THERE'S NO VARIANCE FOR THAT.
I DON'T, THEY'RE NOT IN VIOLATION OF THE IMPERVIOUS SURFACE.
AND AND THEY, THEY NEED THIS SPACE.
DO YOU THEY SUBMITTED, UM, COMPARABLE VARIANCES, I THINK.
IT WAS SOMETHING 12 FEET TO ONE FEET.
IS THERE A BASKETBALL, IS THERE A BASKETBALL COURT ON ANY NO.
REMEMBER APPLICATIONS GRANTED WITH SIMILAR REQUESTS.
JUST WANTED TO REMIND ME THAT, THAT THAT WAS SUBMITTED AS PART OF THE PROPOSAL.
THE OTHER'S ON THIS IS THE LEAST CONTENTIOUS ONE TO ME.
THE OTHER VARIANCES DON'T TELL YOU ABOUT THE REST OF THE LAW.
WELL, TWO OF THE THREE ARE ON, ON, UH, FORT HILL.
UH, AROUND THE CORNER FROM IT'S A LITTLE FURTHER NORTH.
LIKE A, A COUPLE STREETS NORTH IN OFF
THE QUESTION IS, DO YOU WANT TO, UH, REQUEST ADDITIONAL INFORMATION? INFORMATION OR, UM, DO YOU FEEL THAT YOU'RE IN A POSITION TO RENDER STRAW VOTE? YAY, SHAUNA.
THAT MEANS I DON'T HAVE TO WRITE IT.
YOU DON'T HAVE TO WRITE IT TONIGHT.
OH, UM,
UM, BUT I'M NOT ENTIRELY OPPOSED TO THIS.
YOU EVER, YOU EVER DONE A THREE POINT TURN OR A NINE, NINE POINT TURN? THEY'RE ANNOYING
NO, BUT I MEAN, WHAT ARE YOU UNDECIDED? SO SEAN IS AN A I I I THINK THAT, YOU KNOW, I THINK I UNDERSTAND THE PROBLEM.
THERE'S ALWAYS THE TRUCKS PARKED AND EVERYBODY'S GOING INTO ONCOMING TRAFFIC.
IT, IT'S NOT A GOOD STREET AT ALL.
I JUST THINK THAT THIS, SO LET'S OUTLAW THE STREET.
THERE'S GOTTA BE A WAY OF DOING IT.
SO THE WHOLE FRONT YARD ISN'T PAVED, WHICH IS WHAT IT IS RIGHT NOW.
WELL, I DON'T KNOW IF YOU HEARD WHAT ED SAID THAT THAT'S REALLY NOT PART OF THE VARIANCE.
WELL, EXCEPT I'M LOOKING AT IT NOW.
AND THERE IS A SECOND VARIANCE TO GO FROM 30 FEET LOCKED DRIVEWAY WIDTH.
THE 30, THAT'S ANOTHER NINE FEET.
OH NO, IT'S, IT'S GETTING MUCH LARGER.
SO WHAT YOU ARE SUGGESTING WOULD MINIMIZE THAT VARIANCE.
I MEAN, THAT'S, THAT'S THE ONLY REQUEST I WAS MAKING.
WHAT EVE IS SUGGESTING? NO, WHAT THEY WERE SUGGESTING ABOUT CUTTING BACK.
PRESUMABLY THEY'RE CUTTING BACK THE LOT.
AND THAT'S ONE OF THE VARIANCES.
I DON'T BELIEVE IT'S, IT'S THE WIDTH.
IT'S GOING LEFT TO RIGHT FROM WHERE? AT WHAT POINT? 'CAUSE IT'S DIFFERENT AT EVERY POINT.
UH, THE EDGE OF THE DRIVE, UH, EDGE OF THE GARAGE.
ALSO, IF THE BOARD MEMBER A DESIGNEE WANTED TO ATTEND THE SITE TO HAVE THEM PERHAPS PUT, UM, CHALK OR SOMETHING WHERE, UM, I'LL DO IT TOMORROW.
IT'S SUPPOSED TO RAIN TOMORROW.
[03:05:01]
DO IT THE TODAY AFTER.BUT CHALK WHERE YOU, YOU KNOW, THE, THE COMPLIANT LINE WOULD BE AND GET A SENSE OF LIKE WHAT A MOVEMENT LOOKS LIKE.
GARY, WE'RE WE CAN'T, I CAN'T HEAR YOU.
UM, I RECALL THE APPLICANT INDICATING THAT THIS IS, UM, VERY WELL UNDERSTOOD IN THE FIELD AND TO ACTUALLY MAKE THE MOVEMENT.
UM, WE'LL GIVE YOU A BETTER SENSE OF HOW MUCH, UM, SPACE YOU HAVE TO OPERATE THERE.
SHOULD I TAKE THE PRIUS OR TAKE MY MINIVAN?
ES IF THE FEDEX TRUCKS AND THE UPS TRUCKS, I DON'T, I DON'T BELIEVE A WORD YOU'RE SAYING IN THE DRIVEWAY.
WHY CAN'T THEY? I'M OKAY WITH IT.
IF WE WANNA DO THE, WE WE'VE GOTTA LOOK AT THESE CONDITIONS.
YOU GOTTA SPEAK UP SO SHAUNA CAN HEAR YOU DISTANCE FROM OKAY.
THAT'S THE ONLY, ARE WE NOT WELL, WE DON'T HAVE A CONSENSUS ON THIS.
WELL, WE ARE, IT'S THREE TO THREE.
ALRIGHT, SO THAT WE HAVE TO ADJOURN IT.
WE EYES ADJOURN TO THE SPECIAL MEETINGS.
LET'S SEE WHAT, USE THE NAMES.
THAT'S WHAT I WAS TELLING YOU.
I JUST WANTED THEM AND SHAUNA, I JUST WANTED THEM TO THEM TO CUT OFF SOME OF THIS DRIVEWAY HERE.
YOU KNOW, THIS PIECE, WHATEVER IT COMES DOWN TO.
I MEAN, THEY, WHICH IS WHERE THE BABYSITTER SITS.
UH, PARKS BABYSIT AND BABYSITTER PARKS OVER THERE AND, AND RIGHT.
THE, THE, THAT WAS VERY CLEAR TO BE LOOKING AT IT.
THEY'RE JUST GONNA, THEY'RE JUST GONNA WEAR OUT THAT DRIVEWAY.
I JUST NEED KNOW IF THEY CAN MAKE THE TURN.
I UNDERSTAND WHY WE'RE SPENDING THIS MUCH TIME ON THIS.
UM, THEY, WE COULD SPEND MORE TIME IF YOU WANT.
GOTTA LOOK AT THOSE CONDITIONS FOR FAIL.
THE SUGGESTION WAS TO START AT THE BACK BECAUSE I THOUGHT THAT WAS THE
OKAY, SO IF IT'S UM, THREE AND THREE, WE WILL PUT A LETTER OUT TO ASK IF THEY CAN REDUCE THE VARIANCE TO THE RIGHT.
RE ASK IF THEY CAN GIVE TO VERIFY IF THEY COULD CLOSE OFF THE DRIVEWAY WHERE THE SA MOVEMENT IS AT SOME PART OF IT.
AND, UM, IF A MEMBER WANTS TO MEET THEM WHILE THEY'RE HOME, WE CAN ARRANGE THAT FOR YOU.
THAT'S A LOT OF WORK, BUT, ALRIGHT, LET ME KNOW.
THAT DOESN'T LOOK LIKE IT'S THE RIGHT, UM, DIMENS.
IT'S GOING UP AND DOWN INSTEAD OF LEFT TO RIGHT.
I THINK THAT'S, THAT'S JUST GIVING, UM, DOESN'T LOOK LIKE THE DRIVER.
THE DISTANCE FROM THE HOUSE TO THE ROAD.
I DON'T THINK THAT THAT'S, UH, IT JUST HAPPENS TO BE 39.9.
GONNA WORK UP TO, UM, LOMBARDO.
YEAH, WE'RE UP TO LOMBARDO NINE.
IT'S AN ERROR BECAUSE OF THE WOODLAND BUFFER.
I'LL HAVE VERIFY AND, AND DRIVEWAY WITH I DIDN'T, 4 0 1 IS AN R 20 AS WELL.
THE ONLY THING I THOUGHT ABOUT ON LOMBARDO WAS, AND I DIDN'T WANNA PUT IT ON THE RECORD, WAS ARE WE REALLY GOING TO POSSIBLY ASK THIS GUY TO SAY, WELL, YOU CAN KEEP IT SINCE YOU'VE GOT ALL OF THIS, WHATEVER.
BUT WHEN YOU SELL THE HOUSE, HMM.
WELL THAT'S WHAT I WAS GONNA SAY.
DO, COULD WE ASK HIM TO REMOVE IT? RIGHT.
BECAUSE IT'S, YOU KNOW, GREAT.
I MEAN AT SOME POINT WE DON'T HAVE COLLEGES THE WAY WE HAVE THEM NOW.
EVERYBODY'S GONNA BE SITTING IN THERE.
WE HAVE TO REMOVE IT WHEN HE LEAVES.
LIKE, I JUST WROTE A QUESTION.
CAN THIS VARIANCE BE FOR THIS ONLY? AND WHEN THEY MOVE, THEY HAVE TO BE REMOVED.
THAT'S DIFFICULT BECAUSE ZONING IS TO RUN WITH THE LAND, NOT WITH THE, NOT WITH THE OWNER OR THE APPLICANT.
YOU'RE SAYING YOU CAN HAVE IT, BUT WHEN SOMEBODY ELSE BUYS IT, YOU CAN'T, THEY CAN'T HAVE IT.
SO WOULD THAT BE SPECIAL USE PERMIT, BE PROBLEMATIC? CAN GRANDFATHER ACCESSORIES? WELL, IF YOU'RE GRANDFATHERING, THAT BECOMES LEGAL FOREVER.
THAT'S WHAT GRANDFATHERING MEANS.
YOU KNOW, NOT, WE'RE NOT GRANDFATHERING.
HOW DID THEY BUY THE PROPERTY WITH THE STRUCTURES ON THERE TO BEGIN WITH? WELL, I BOUGHT MY
[03:10:01]
HOUSE.I HAD TWO HORSES ON THE PROPERTY.
AND THERE'S NO HORSES OR ELEPHANTS ALLOWED IN GREENBURG.
I'M GONNA SMACK, YOU KNOW, THIS IS, THEY WERE ON THE PROPERTY WHEN I GOT THERE.
HOW DO YOU THINK HE GOT TO THE MEETING TONIGHT? THE TRUCK IS OUTSIDE.
THE HORSE IN THE BACK OF THE TRUCK IN THE TRAILER.
I WOULD JUST THINK THERE NEEDS TO BE A PROPER FENCE IN BACK OF IT.
IT'S A BIG BUT IT'S NOT THEIR FENCE.
IT'S, IT'S A BIG WOODLAND IN BETWEEN THEM.
AND THAT TRACK IS NOT REALLY USED THAT MUCH.
SO I KIND OF EXTENDED WHAT HE WAS SAYING.
THE BASEBALL FIELD AND SOFTBALL FIELD PROBABLY ARE USED TO TRACK NOT SO MUCH.
THE ONE THING I THINK WE HAVE TO, WELL IT'S NOT NECESSARY NECESSARY FOR THIS, BUT THE GUY GOT UP, THE APPLICANT GOT UP AND SAID HE NEEDS A VARIANCE TO HAVE MORE THAN ONE SHED.
NOW THAT HE DID SAY THAT, HE DID SAY THAT.
HE SAID THAT HE MAY HAVE THOUGHT TO SAY VARIOUS MULTIPLES.
WELL, SOMEBODY MIGHT HAVE TOLD HIM THAT SHEDS AND IT DIDN'T MADE IT MAKE ITSELF INTO THE DENIAL ORDER.
UM, THAT, THAT'S WHY I ASKED FOR.
BUT I, I THINK TWO, TWO SHEDS ARE ACCEPTABLE IF YOU KNOW THEY'RE COMPLIANT.
IF THERE WERE TWO, HE WOULD JUST DID ONE RECENTLY WHERE WE HAD TWO SHEDS.
REMEMBER IT WAS, I THOUGHT YOU HAD TO GET 'EM, IT WAS JUST IN THE WRONG LOCATION OR SOMETHING, I THINK, RIGHT? YEAH, YEAH.
IT WAS JUST BUT DIDN'T THEY NEED THE VARIANCE FOR TWO SHEDS WHERE THEY WERE? YEAH, I THINK IT WAS SETBACKS.
WELL, I'LL WE'LL HAVE THAT VERIFIED JUST, JUST IN A MOMENT.
I'M JUST SAYING THEY MAY, EVEN IF YOU GRANT THIS, THEY MAY HAVE TO COME BACK IF THAT'S THE CASE.
I WILL HAVE THAT VERIFIED IN JUST A MOMENT.
I'M JUST GONNA DO IT RIGHT NOW.
ALL RIGHT, SO LET'S, WHILE YOU'RE DOING THAT, WHAT WE'RE GONNA DO ABOUT THE PONIES, THE TAG LEON TO TAG OUT, TO TAG ME.
YEAH, I WAS AND WE JUST, I'M SURPRISED THERE WASN'T A TRAILER
REMEMBER HOW LONG, LETS JUST GO BACK.
THAT'S WHY FIRST JOINED THIS BOARD.
I THINK THAT THIS APPROVAL, THE ONE THEY WANNA REMOVE THE RESTRICTION WAS LONGER THAN THE STALE THING.
OH IT WAS, I MEAN I FELT THAT IT, IT WENT ON FOR TWO AND IT WAS YEARS.
IT WAS CONTENTIOUS AND THAT WAS UGLY CAME UP AND THE TRAFFIC AND THIS AND THEN OF COURSE CHANGE THE LIGHT.
I THINK THERE WAS STILL VARIANCES IT AGO.
BUT, BUT IT REAL, IT DID GET THAT LIGHT CHANGE DID GET THAT LIGHT CHANGE.
I'M OKAY REMOVING THAT RESTRICTION.
WELL, I DON'T THINK WE HAVE TO REMOVE THE RESTRICTION.
WE JUST HAVE TO GRANT HIM THE MORE THE THE DIGITAL SEATING.
OH, WELL I'M OKAY WITH THIS WITH, IT'S NOT THE SEATING, IT'S THE PARKING SPACE.
IT'S, IT'S THE REDUCING THIS PARKING SPACES HE NEEDS.
HE NEEDS A REMOVAL AND THE PARKING.
I DON'T REALLY CARE ABOUT PARKING.
THAT'S THE REASON WHY I ASKED ABOUT THE CFO.
THEY CAN'T, 42 PEOPLE CAN'T SIT IN THAT.
WELL HE, BUT HE WAS OKAY WITH THE 30.
NO, I THINK THE PLANNING BOARD WAS OKAY WITH, HE SAID HE WAS OKAY WITH THAT.
THEY SAID IT WAS A MAXIMUM OF 30 AND HE SAID HE'LL TAKE IT.
THAT'S WHEN HE, IN THE SUMMERTIME, HE'LL HAVE HIS 42.
REMEMBER? HE STILL HAS, THE LITTLE TABLES ARE STILL OUT THERE.
IF HE CAN GET SOMEONE TO LEASE IT.
I MEAN, AND IT CAN'T BE FAST FOOD, SO.
I DON'T KNOW WHAT THIS IS IN ESSENCE AN ADVISORY OPINION.
'CAUSE HE DOES NOT HAVE A TENANT.
SO MAYBE BENJAMIN STEAKHOUSE WILL COME IN.
WE HAVE BENJAMIN STEAKHOUSE, THEN WE HAVE WHAT I CALL CHICK FILL
SO JUST A QUICK UPDATE ON THE SHED.
I, I, FOR SOME REASON I THOUGHT IT WAS, YOU COULD ONLY HAVE ONE SHED PER LOT.
SO, SO HE MAY HAVE TO COME BACK.
DOES THAT MEAN IT WOULD HAVE TO BE RENO? YES.
OR GET RID OF ONE OF THE SHEDS.
BUT IN YOUR NOTICE TO HIM, JUST, I DON'T KNOW IF THOSE SHEDS CAN BE MOVED.
DID HE SAY THAT, THAT IT'S A HUNDRED? HE SAID THEY COULD FOR $4,500.
NO, I THOUGHT HE SAID TO MOVE IT.
IT WOULD BE, HE SAID IT WOULD BE SUBSTANTIAL TO MOVE THEM AND HE'S NOT SURE THEY WOULD MAKE A MOVE.
LIKE THEY MAY JUST LIKE FALL APART.
SO IN THAT CASE, IT, THEY LOOK KIND NICE.
IT WOULD BE, BUT I DID ASK HIM DID HE MAINTAIN THEM? HE SAID YES, HE DID.
AND AGAIN, IT'S JUST GONNA REDUCE THE VARIANCE REQUEST.
IF WE DO A GRANT, HIM THE TWO, WHICH
[03:15:01]
HE, I'M NOT SURE HE WILL.OH, HE IS GOT ENOUGH SPACE BACK THERE FOR SURE.
IF IN FACT THAT'S THE REQUIREMENT.
SO WHAT IT SAYS IS, IN ORDER TO LEGALIZE TWO ACCESSORY STRUCTURES ON THE PROPERTY, SO IF YOU READ THE, THE, THE AGENDA, UM, COULD THE BOARD GRANT THREE? OR DO YOU FEEL LIKE IT HAS TO BE RENO IN LIGHT OF THE WAY THE AGENDAS? WELL, THE VARIANCE WOULD BE TO GO FROM ONE PERMITTED TO TWO PROPOSED.
NOW WHAT HE'S ASKING FOR IS YES, HE'S ASKING TO LEGALIZE TWO SHEDS, BUT IT'S THE SETBACKS THAT HE'S ASKING FOR IN, IN THE VARIANCES.
AND I'M NOT SURE IF YOU LOOK AT THE PLAN, WHETHER THE SECOND ONE, IT LOOKED LIKE THE, UH, 4.2 FOR STRUCTURE NUMBER ONE IS THE FURTHEST FROM PROPERTY LINE THAT THE ACTUAL, THE OTHER SIDE OF IT, WHICH ADJOINS THE OTHER SHED IS ACTUALLY CLOSER THAN THAT.
BUT THAT'S NEITHER HERE NOR THERE.
IF HE'S GOTTA COME BACK, HE'S GOTTA COME BACK FOR THAT.
SO LET'S, LET'S NEXT TO THE FENCE THAT IS THE WESTCHESTER COMMUNITY COLLEGE.
I THINK IT IT, IF YOU LOOK AT THE, IT'S THE REAR OF THE SHED.
IT RUNS THE WHOLE LENGTH OF THE PROPERTY.
SO, BUT THEY'RE NOT EXACTLY PARALLEL ACCORDING TO THE PLAN.
IT LOOKED LIKE THEY WERE SLIGHTLY CANTED OFF A LITTLE BIT.
SO THAT'S, THAT'S WHY ONE IS THREE FEET.
AND THE OTHER A NEIGHBOR THAT, YOU KNOW, A NEIGHBOR'S BACKYARD THAT THIS IS UP AGAINST, WE CAN CALL BRENDA.
UM, BECAUSE THEY'RE OVER 150 SQUARE FEET.
THEY'RE DEEMED ACCESSORY STRUCTURES AND YOU CAN HAVE TWO ACCESSORY STRUCTURES ON A LOT.
UM, SO THESE ARE NOT DEEMED SHEDS.
SO ACTUALLY I THINK YOU CAN PROCEED.
JUST KIND OF, UM, INTERESTING.
BUT I'M TELLING YOU, I THOUGHT THAT'S WHAT WE DID BEFORE.
THESE ARE OVER HOW MANY SQUARE FEET? I, THE ONE OFF OF BAYBERRY? I FEEL LIKE THEY HAD THE TWO ACCESSORY STRUCTURES, NOT YEAH, THEY DID.
BECAUSE THEY HAD A LOT OF STUFF IN THEM.
WHO'S THAT? THESE ARE BIG, BIG.
THAT'S WHAT, THAT'S WHAT THESE COULD BECOME.
SO I, MY UNDERSTANDING IS THAT YOU WERE INCLINED TO, SOMEBODY WAS APPROVE THAT.
SO WE CAN, WE CAN ACTUALLY, OKAY, SO LET'S MOVE ON TO, OKAY.
ARE WE ALL, SO YOU GONNA GRANT THAT WE ALL IN LINE WITH GRANTING? YEAH.
I THOUGHT WE WERE GONNA ACTUALLY MOVING FORWARD.
WELL, WHO'S WRITING IT? DO YOU HAVE ENOUGH? SO THAT'S GONNA BE GRANTED.
WHAT? NO, I WROTE THE LAST ONE FOR THE LAST MEETING.
EVERYBODY'S REALLY, EVERYBODY ELSE DID.
I'M GONNA BE UP ALL NIGHT, SO COME ON.
OH, I'M NOT GONNA MAKE YOU WRITE IT.
I'M GONNA ASK TO BE EXCUSED THIS MONTH.
HUH? YOU MEAN NOW YOU MEAN NOW? YEAH, FOR THIS, FOR REC.
SO I'D PREFER NOT TO WRITE 'EM UP.
I JUST KIND OF WANNA
BUT IT'LL PROBABLY BE NOT TILL LIKE MONDAY.
BUT YOU, THAT'S, OH, I THOUGHT YOU WERE LOOKING FOR VOLUNTEERS.
ALRIGHT, SO YOU WANT ME THEN I JUST, SO TAG LEON TO TAG LEONE.
ARE WE ALL IN FAVOR OR NOT? YES.
I CAN DO IT, BUT I CAN'T DO IT TILL NEXT WEEK.
OR DO YOU WANNA DO IT ONE OF YOU GUYS?
[03:20:01]
YOU, THAT'S, I SAID WITH MINE, I'M NOT DOING IT TILL MONDAY.SO JUST, YOU GUYS GOTTA KNOW THAT.
WHICH ONE IS YOURS? SHE'S NOT DOING MINE.
DO YOU? YOU JUST SAY YOU WANTED ME TO DO LO THE BARDO? NO, NO, THE LOMBARDO.
LEON, YOU WANT IT? WANT YOU TWO WANT DO IT.
DON'T REALLY FEEL LIKE DOING ANYTHING, BUT IF I HAVE TO, I'LL DO TART TAG.
LEON, YOU DON'T HAVE TO DO IT TONIGHT.
WHAT DO YOU HAVE TO DO ON THAT ONE? YOU DON'T HAVE TO DO IT TONIGHT.
WE'RE JUST GONNA READ THE MOTIONS.
I'M NOT DOING ANY FINDINGS TONIGHT.
OH, IT'LL, IT'LL TAKE YOUR BRAIN OFF OF YOU WANT TO DO IT OR YOU WANT WANT ME TO DO IT OTHER SIDE OF THE PAGE? YOU CAN DO IT.
YOU WANNA DO IT? NO, YOU DO TAR TAG.
DO I HAVE TO BE MORE DEFINITIVE? NO, I DON'T WANT TO DO IT.
AND YES, YOU DO, BUT YES YOU DO.
SO FOR SALE, MY MISTAKE, MY NOSE IS RIGHT.
WHAT ABOUT GREG ION? YOU KNOW, YOU REALIZE EVERYONE THIS IS I KNOW.
GREGORY LEON, THIS IS, THAT'S YOU RECORDED? NO, NO, I GOT, NO, I HAVE, UM, NO, THEY'RE ADJOURNED.
OH, I CIRCLED THAT IN THE OTHER ONE.
SO WITH REGARD TO FAIL, THERE WAS CONTEMPLATION OF A SPECIAL MEETING.
I HEARD MEMBERS INDICATE THAT THEY WOULD BE AVAILABLE FOR THAT.
SO DO WE WANT TO TARGET A DATE? UM, YEAH.
I THOUGHT WE SAID, I THOUGHT WE SAID TOMORROW.
BUT NO, YOU, YOU DIDN'T DISCUSS A DATE? NO.
WHAT, WHAT WAS SAID WAS THAT KIRA WOULD LOOK ON THE CALENDAR AND MAKE THE ARRANGEMENTS.
THAT WHAT WAS, SO WE DON'T NEED TO DO A DATE RIGHT NOW.
WE'LL ESTABLISH ONE VIA EMAIL.
WELL, MAYBE YOU SHOULD GIVE A LIST OF AVAILABLE DATES SO THAT KIRA CAN HAVE SOME GUIDANCE.
IS THERE, AS LONG AS IT'S AT NIGHT, I DON'T CARE.
WOULD WOULD THURSDAY BE A TARGET? A THURSDAY? DO BE NEXT THURSDAY.
I DON'T KNOW IF YOU HAVE LIKE A BOWLING LEAGUE OR SOMETHING WHERE TUESDAY NIGHTS ARE OUT.
NO, YOU COULD DO ANOTHER NIGHT OF THE WEEK IF YOU WANT.
THURSDAYS ARE ACTUALLY GOOD FOR ME.
SO WE'LL CHECK TO MAKE SURE THERE'S NO CONFLICTS IN THE ROOM.
WE'LL SEND OUT SOME OPTIONS AND, UM, WE'LL MAKE SURE, WE'LL, WE'LL HAVE TO LEAVE TIME FOR NOTICING.
WHAT TIME ARE WE TALKING ABOUT? LIKE IN THE AFTERNOON, IN THE EVENING? NO,
CAN WE DO SIX? YEAH, BUT YOU CAN REMEMBER IT'S GONNA BE ONE, ONE ITEM AND YOU COULD DO IT TO LIKE TWO HOURS.
I THINK SIX, 6:00 PM WOULD BE OKAY.
SO WE'LL TARGET SOME THURSDAY AT 6:00 PM WITH ENOUGH TIME TO NOTICE THURSDAY.
WHAT ABOUT THE 22ND? A MINUTE AGO YOU JUST SAID, JUDY, NOTICE A MINUTE AGO YOU JUST SAID YOU DIDN'T WANNA SCHEDULE IT.
I KNOW, BUT I'M JUST YOU DIDN'T DO IT TOMORROW, SO NOW WE GOTTA MOVE IT BACK.
TOMORROW'S AVAILABLE, BUT YOU SAID NO.
29TH WOULD BE, WE NEED TO NOTICE IT.
WELL, ACTUALLY, IF YOU ANNOUNCE IT TONIGHT, NOT WORK.
BUT WE HAVE TO MAKE SURE THAT ALL THE OTHER PEOPLE WHO NEED TO BE THERE ARE AVAILABLE.
ALSO ALLY MARCH 7TH DOES THAT, UM, THAT'S A THURSDAY, BUT WE'LL, WE'LL CIRCULATE SOME OPTIONS.
SO TO BE CLEAR, WE'RE NOT DOING THE CND.
SO TONIGHT, WELL SPECIAL MEETING TO DISCUSS.
UM, BUT YOU'RE NOT GONNA PUT ANYTHING OUT? NO.
UNLESS YOU NOTE TO HAVE US DO THAT.
UM, AND THEN THE LAST IS THE HARTSDALE GREENHOUSES.
THEY, THEY GOT THE BALL ROLLING THIS EVENING, THEN EVERYBODY STARTED YELLING AT EVERYBODY AND CALLING PEOPLE ARBITRARY AND CAPRICIOUS AND THIS AND THAT.
AND ACTUALLY YOU USED THE TERM MOR ARBITRARY CAPRICIOUS.
THAT'S WHY, THAT'S THE ONLY REASON WHY CAME UP WITH THE TERM.
BUT WE DAMPED IT DOWN A LITTLE BIT.
YOU THINK THEY MEET THE QUALIFICATIONS? YEAH, I DO.
I THINK THEY MADE THE FOUR POINTS.
WHAT ARE THE FOUR? UM, I ACTUALLY, IT'S CONSISTENT.
WELL, I, I'VE MADE SURE THAT I LOOK AT THIS STUFF NOW.
[03:25:01]
TO NEARBY PROPERTIES.IT CANNOT BE ACHIEVED BY SOME OTHER FEASIBLE MEANS.
THE CRE IS NOT SUBSTANTIAL IN RELATIONSHIP TO THE REQUIREMENTS SOUGHT TO BE VARIED.
WAIT, I NEED THE USE VARIANCE ONES.
'CAUSE I, YOU MAY BE CONFLATING, YOU KNOW.
SO I THINK FOR ME, THE BIGGEST STICKLER ON THIS ONE, AND IT KEEPS GOING BACK AND I HAVE TO SAY I REALLY WANT TO GIVE IT TO THEM, UM, IS THIS, IS THIS IS ABOUT THE LAND, NOT THE PEOPLE.
AND WHEN YOU'RE CLAIMING HARDSHIP, LAND IS WORTH A TON OF MONEY, HOW CAN YOU SAY THERE'S FINANCIAL HARDSHIP? IT'S ABOUT THE LAND, NOT THE PEOPLE, BUT IT'S THE USE OF THE LAND.
THE BUSINESS CAN'T MAKE MONEY, BUT IT'S NOT, IT GOES FROM, IT GOES, IT LIVES WITH THE LAND, NOT THE PEOPLE I NEED TO SEE.
I MEAN, I WANT, I I MEAN, I I ISN'T IT THE USE OF THE LAND? I, I THOUGHT THE ORIGINAL REASON WE ARE HERE IS THAT THIS PARTICULAR PARCEL WAS NOT ZONED FOR THAT PURPOSE.
A, A LARGE OF THE STICKLER WAS IT WASN'T ZONED FOR THE MANUFACTURING OF THE WOOD AND THE MULCH.
BUT NOW THEY'RE SAYING THEY JUST WANNA SELL WOOD AND MULCH.
AND DON'T WE ALLOW OTHER AGRICULTURAL BUSINESSES LIKE THE ONE ON WEST, UH, LIKE, UM, THE ONE ON, UH, HARTSDALE AVENUE, FOUR ROAD AND SOME OTHER ONES TO SELL FIREWOOD AND MULCH.
SO THERE'S HISTORY IN THE TOWN OF GREENBURG WITH RESPECT TO, UH, NURSERIES AND, AND USES OF THAT NATURE.
WESTCHESTER GREENHOUSE DID RECEIVE A USE VARIANCE TO SELL IN A RETAIL FASHION.
WAS THAT, WAS THAT A USE VARIANCE? WAS THAT FOR RETAIL EASE? IT WAS USE VARIANCE.
WAS THERE WHAT CARLSON'S RECENTLY, SO CARLSON'S WAS ANOTHER EXAMPLE WHERE THEY HAD A FARM STAND APPROVED IN A SIMILAR FASHION, UM, TO SELL RETAIL ITEMS. UM, THIS IS NOT SEEKING TO SELL FOOD ITEMS. THEY'RE SEEKING TO SELL, UM, THE WOOD AND THE MULCH.
WESTCHESTER DOESN'T SELL WOOD AND MULCH.
I MEAN, I'VE BOUGHT FIREWOOD FROM WESTCHESTER.
SO AT ONE POINT I KNOW THEY CALLED FIREWOOD.
DO THEY NOT SELL IT TODAY? DO THEY NOT HAVE A VARIANCE FOR IT? SO WESTCHESTER GREENHOUSES, LIKE THEY HAVE LIKE SMALL BUNDLES OF WOOD.
YOU'RE AS AN EXAMPLE, YOU'RE SAYING? NO, I BOUGHT A CORD.
I I USED TO GET MY CORDS OF WOOD DELIVERED FROM WESTCHESTER GREENHOUSES.
I, I'D HAVE TO LOOK AT THAT DECISION TO SEE, UM, EXACTLY LOOKING FOR HOW IT WAS REGULATED.
SEE IF IT'S IN HERE, THEY, THEY DO SELL SMALL BUNDLES OF WOOD THERE.
AND THEY, AND I KNOW THEY SELL TREES AND BUSHES STILL.
THEY MUST SELL MUL, DON'T THEY? THEY DEFINITELY, I DON'T KNOW IF THEY SELL, THEY DEFINITELY SELL IT IN BAGS.
YOU KNOW, WHERE YOU COME IN AND GET A TRUCKLOAD OF IT, LIKE BY THE CUBIC FOOT, RIGHT? THEY DO HAVE THE BAGS.
YEAH, THEY DEFINITELY HAVE THE BAGS.
CAN YOU BRING UP 95 0 6? UM, I'D HAVE TO DO SOME DIGGING.
SO BASICALLY THEY WANT TO BRING ALREADY CUT LOGS AND MULCH ONTO THE SITE.
WELL, I'M NOT SURE THAT IT'S ALREADY CUT.
I WOULD HAVE TO WANT SOMETHING LIKE BAGGED MULCH, I'LL TELL YOU IN A SECOND.
'CAUSE OTHERWISE THEY'RE MAKING IT.
BUT DON'T THEY SAY NO, YOU COULD BRING IT IN BY TRUCK AND THEN UM, DUMP IT.
DUMP IT INTO PILES AND PEOPLE COME AND BUY IT BY THE FOOT.
ALLOW THEM TO SELL LIKE HOW THEY HAD THE WOOD IN THOSE PLASTIC THINGS.
SO THEY WANNA SELL FIREWOOD AND MULCH, BOTH OF WHICH WOULD BE PROCESSED OFFSITE.
[03:30:01]
THAT'S WHAT THEY'RE, THAT'S NOT THE WAY THE, UH, AGENDA READS.AND THOSE, THOSE ARE THE ONLY TWO ITEMS THAT THEY'RE GONNA BE SELLING? NO.
IN ADDITION TO THEIR HORTICULTURE CAN STILL DO THE HORTICULTURE.
SO THE QUESTION IS, AND THEN THEY WANNA BE ABLE TO PHASE THAT OUT OVER 10 YEARS.
WHICH I WOULD ARGUE, LIKE IF WE WERE REALLY CONSIDERING THAT MAYBE FIVE YEARS, LIKE 10 YEARS IS A LITTLE BIT EXCESSIVE.
I GUESS THEY WANT THEIR KIDS TO GET OUTTA SCHOOL
I THOUGHT IT WAS TILL THE KIDS GREW UP.
UM, THOUGHT I COULD BE A FIVE AND FIVE.
IF THEY'RE GOOD CITIZENS, THEN THEY CAN GET UP FROM THE SECOND FIVE.
YOU YOU, YOU WANT ME TO READ YOU THE, THE FOUR FACTORS? OH, I HAVE 'EM HERE, BUT YEAH.
WELL, I'M NOT READING FROM THE STATUTE.
ARE YOU READING FROM THE STATUTE ITSELF? NO.
UM, PROVIDED THAT THE LACK OF RETURN IS SUBSTANTIAL AS DEMONSTRATED BY COMPETENT FINANCIAL EVIDENCE, THAT'S DOLLARS AND CENTS.
TWO, THE HARDSHIP IS UNIQUE AND DOES NOT APPLY TO A SUBSTANTIAL PORTION OF THE DISTRICT OR NEIGHBORHOOD.
THREE, THE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD.
AND FOUR, IT HAS NOT BEEN SELF-CREATED.
NOW, IF THEY FAIL ANY OF THOSE FAILED ALL LOT, ANY ONE OF THEM, THEY'RE NOT ENTITLED TO IT.
IT'S NOT LIKE AN AREA VARIANCE WHERE IF IT'S SELF-CREATED, IT'S A MAYBE, BUT MAYBE NOT WITH THAT DOESN'T BAR YOU FROM GRANTING THE AREA VARIANCE.
BUT IF IT'S IT'S SELF-CREATED, IT BARS YOU FROM ISSUING A USE VARIANCE.
SO SELF-CREATED LIKE BY THEIR FATHER OR GRANDFATHER, MEANING IT'S NEVER DONE BEFORE AND THEY'RE DOING IT NOW? WELL, IT'S NOT SELF-CREATED IN THAT, WHAT THE TYPICAL DEFINITION OF SELF-CREATED IS.
THEY PURCHASED THE PROPERTY OR THEY CAME TO THE PROPERTY WITH KNOWLEDGE OF THE REQUIRE, THE, THE RESTRICTIONS OF THE ZONING ORDINANCE.
NOW, I DON'T RECALL WHETHER THAT WAS PROHIBITED BACK THEN IN 1955.
GARRETT, DO YOU HAVE ANY IDEA? DO I DON'T.
BUT IT DOES CHANGE THE CHARACTER NEIGHBORHOOD IN THE SENSE THAT A MULCH PILE IS GONNA SMOLDER AND YOU'RE GONNA SMELL IT.
IT'S NOT, IT'S BEEN THERE THOUGH.
THE MULCH, I MEAN THE, THE USE, IT'S NOT LIKE IT'S A BIG PIECE OF PROPERTY.
I IT'S NOT LIKE SOMETHING THEY'RE DOING.
DON'T THEY HAVE TO PUT IT? IT'S NOT, THIS IS NEW.
YOU KNOW WHAT I'M SAYING? LIKE, I THINK THAT ONE, SO OKAY.
THEY CAN'T REALIZE A REASONABLE RETURN.
DO YOU THINK THAT THIS IS SUFFICIENT WHAT THEY PROVIDED THAT PROVES THEY DON'T RECEIVE A REASONABLE RATE OF RETURN AND THE PRESIDENT OF THE CIVIC ASSOCIATION DIDN'T FEEL SO.
RIGHT, BUT WHAT DO YOU THINK? I DON'T, I MEAN, IT LOOKS IT WASN'T THE BEST.
IT TOOK THE FINANCIAL TOOK A YEAR TO GET TO THAT.
I DON'T KNOW WHAT YOU ALL THINK
I PERSONALLY DON'T HAVE A PROBLEM WITH THEM GETTING THE USE VARIANCE.
I JUST DUNNO IF THERE IS SUFFICIENT.
COULD YOU SPEAK UP PLEASE? SORRY.
I JUST DON'T KNOW IF THERE WAS SUFFICIENT JUSTIFICATION TO GRANT THEM THE USE VARIANCE.
I WAS ALWAYS AGAINST THE USE VARIANCE BECAUSE, I'M SORRY, I HAVE BEEN AGAINST GRANTING THEM A USE VARIANCE BECAUSE AS WE'RE SAYING, IT RUNS WITH THE LAND.
SO THAT MEANS THAT, YOU KNOW, THEY COULD SELL IT AND THEN SOMEBODY ELSE COULD COME IN AND, YOU KNOW, WELL, AT THE TIME THEY WANTED TO, YOU KNOW, PROCESS AND MAN, YOU KNOW, CUT UP WOOD.
[03:35:01]
I MEAN, ARE WE GIVING THEM A USE VARIANCE TO JUST BRING, TO SELL? LIKE, JUST TO BRING IT, I MEAN IF WE'RE GOING GIVING THEM A FA LIKE SOMETHING THAT WE'RE GONNA PHASE OUT SO THAT REALLY, IT'S NOT RUNNING WITH THE LAND.IS THAT POSSIBLE TO DO IT? I DON'T EVEN KNOW.
LIKE, CAN YOU DO A USE VARIANCE FOR 10 YEARS AND THEN IT, IT'S PROBLEMATIC.
BUT YOU CAN, UM, I WAS JUST LOOKING AT CASE 10 0 5 WHERE THE, THEY GOT VARIANCES.
THIS IS, UH, WESTCHESTER GREENHOUSE AND FARM ON WEST HARTSDALE.
AND THE, THE VARIANCE THAT WAS GRANTED WAS TO AMEND CONDITION THREE OF A CON OF A PREVIOUSLY GRANTED JUICE VARIANCE TO PERMIT THEM TO REMAIN OPEN ALL YEAR LONG.
EXTEND AIR, UH, HOURS OF OPERATION FROM 8:00 AM TO 8:00 PM AND TO SELL FIREWOOD.
WAS I ON THE BOARD THEN? I THINK I WAS 2010.
SEE, I DON'T HAVE SUCH A PROBLEM WITH THEM SELLING FIREWOOD.
I HAD A, THE BIGGER PROBLEM WITH THEM BRINGING IN THE, THE TREES AND REALLY PROCESSING RIGHT.
BECAUSE IT'S ONE THING, IT'S ONE THING TO SAY THEY'RE SELLING FIREWOOD NOT GROWN OR HARVESTED ON SITE.
BUT WHAT DOES HARVESTED MEAN FOR FIREWOOD? THEY BRING YOU THE WOOD, YOU HARVEST IT.
NO, BUT WE CUT IT UP SO THAT PEOPLE CAN BUY IT.
BUT THEY SAY IT WILL BE PROCESSED OFFSITE.
SO IT WOULD HAVE TO SAY THEY'RE BRINGING, THEY DID LIKE, THEY'RE BUNDLES OF FIREWOOD.
LIKE IT WASN'T LIKE THEY WERE SELLING LITTLE BUNDLES.
REMEMBER WE SAW THAT WAS I WENT THERE WITH YOU.
I'M SORRY I WENT OVER THERE WITH YOU.
REMEMBER THEY WERE THE, I MEAN THEY WERE MASSIVE BUNDLES.
THEY WOULD BE THOSE, IT WASN'T LIKE YOU WERE GOING THERE AND GETTING YOUR LITTLE BUNDLE CUT BUNDLES OR ALREADY CUT.
IT'S NOT LIKE I COULD GO THERE AND BE LIKE ON MY WAY WITH A BUNDLE OF FIREWOOD IN MY HAND.
I MEAN THEY WERE A BIGGER THAN THIS TABLE.
YOU, YOU KNOW WHAT THEY WERE IN SKIDS? YEAH.
THAT'S THE WORD I WAS LOOKING FOR.
BUT THAT'S HOW I BUY MY, THAT'S HOW I BUY MY WOOD EVERY SO MANY YEARS.
I, A TRUCK COMES AND DUMPS IT IN MY DRIVEWAY AND I STACK IT OUT BACK.
AND I BUY A QUARTER OF WOOD TOO.
TELL A LOT OF PEOPLE BUY THEIR WOODS.
SO YOU KNOW THAT THOSE BAGS WERE LIKE AQUAR OF WOOD.
I MEAN THERE'S LIKE RED BAGS I HAD.
SO THEY WERE DOING THAT ON SITE, YOU KNOW RIGHT.
PUTTING THE THEY WERE MAKING IT.
SO WE ARE SAYING THAT THEY WOULD NOT BE DOING THAT.
THEY'RE JUST GOING TO, I, I DON'T KNOW.
I DON'T KNOW WHAT THEY'RE GONNA DO.
THEY'RE PROBABLY GONNA GET SOME LARGE TRUCKS COME AND JUST DUMP PILES OF WOOD AND THEY'RE GONNA STACK 'EM INTO HOW WHATEVER METRIC THEY USE TO SELL IT.
AND THEN PEOPLE ARE GONNA COME AND BUY THE WOOD OR THEY'RE GONNA DELIVER IT TO A RESIDENTIAL OR, OR A RESTAURANT OR SOMETHING.
THEY SAID A LOT OF THEIR CLIENTS WERE GARDENERS AND LANDSCAPERS.
AND YEAH, THAT WOULD BE THE PEOPLE WHO WOULD PROBABLY BE TRANSPORTING AND
THAT'S WHO YOU COULD BUY WOOD FROM.
THAT'S WHO THEY'RE GONNA SELL TO.
SO THEY'RE JUST GOING TO HAVE LARGE TRUCKLOADS OF MULCH.
LIKE DUMPED ON THE SITE INSTEAD OF MULCHING THEMSELVES.
BUT THE NURSERY DOWN THE STREET AND AROUND THE CORNER NEXT TO THE CAR WASH DOWN THE STREET THEY HAVE.
IS THAT THAT NURSERY? NURSERY POLICE STATION.
AREN'T THEY CLOSED? YEAH, THEY ARE.
I WAS GONNA SAY THE POLICE STATION.
THE, THE HAD THEIR CLOTHES RIGHT? YOU MEAN THEY'RE OUT OF BUSINESS CLOTHES? I'M GLAD EVERYBODY HAD A DRINK TODAY.
WHEN THEY, THEY USED TO HAVE STALLS.
THEY THEY DO, BUT THEY, THEY WHERE THEY WOULD DUMP, THEY WOULD SELL IT.
SO MOSTLY THOUGH, GARDENERS TOOK IT.
LANDSCAPERS WE WOULD HAVE TO BE VERY SPECIFIC.
[03:40:01]
YES, WE WOULD.BECAUSE IF WE'RE GONNA LET THEM BRING IN MULCH, WE DON'T WANT THAT TO SOMEHOW TURN INTO THEM BRINGING IN CONSTRUCTION DEBRIS AND TURNING THAT INTO MULCH.
'CAUSE THAT'S WHAT, THAT'S LIKE WHAT THE ONE DID OVER ON JACKSON AVENUE NEXT TO THE WILLOWS.
REMEMBER THE WILLOWS? OH YEAH.
BUT THEY SAID THEY WEREN'T PROCESSING MULCH.
BUT WE HAVE TO MAKE IT VERY SPECIFIC.
I WOULDN'T, I WOULD, I WOULD HAVE, IT WOULD HAVE TO HAVE A PHASE OUT, WHICH THEY'RE SAYING, BUT YOU'RE THINKING 10 YEARS IS TOO LONG.
OH, I HAVE A USE VARIANCE TO, YOU KNOW, HAVE A WHATEVER LITTLE BIT OF A, YOU KNOW, SELL FIREWOOD, MUL AND MULCH.
WHICH I GUESS IF WE REALLY LIMIT IT TO SELLING PRE-CUT, YOU KNOW, FIREWOOD AND NO PROCESSING, IT WOULDN'T MATTER ANYTHING ON THE SITE.
I FEEL LIKE PEOPLE ALWAYS FIND LOOPHOLES AROUND THINGS AND THEN THEY
WOOD GONNA BE DUMPED IN PILES.
WHY SHOULD THEY? SAME WITH THE MULCH, BE ABLE TO HAVE A 50 FOOT PILE OF MULCH.
THE ANGLE OF REPOSE WOULD REALLY BE, BUT THEY HAVE A BIG SITE.
THEY COULD HAVE A BIG WIDE THING.
AND THE ANGLE SAW, DIDN'T THEY WHEN THEY FIRST CAME IN, SAY THAT THEY WOULD REMOVE THAT, THOSE OPERATIONS TO THE REAR WHERE THE UM, THEY SAID THEY WOULD THE, UH, FOR THE OVERHEAD LINES ARE THE PROCESSING OPERATION.
WELL, SO YOU CAN DO, YOU CAN SAY IF YOU WANT TO DO THAT, THAT THE FIREWOOD WOULD BE AND STORED WOULD BE STORED BACK IN THAT AREA.
THEY WERE STORING THE FIREWOOD INDOORS, RIGHT? THEY WERE, THEY HAVE, YEAH.
THEY'RE PROTECTING THAT FIREWOOD.
YEAH, THEY'RE STORING IT INSIDE THE, UM, THE GLASS HOUSES.
I DON'T KNOW, WE WHAT YOU CALL THOSE GREENHOUSES? GREENHOUSES.
DON'T THEY HAVE LIKE 28 OF THEM OR SOMETHING? YEAH, THEY HAVE A LOT.
I THINK THEY SAID THEY DO THE PROCESSING BACK THERE.
BUT IF WE'RE NOT PERMITTING, PROCESSING, SOMEBODY WANTS TO LEAVE, YOU KNOW,
YOU CAN, WHERE ARE YOU GOING? YOU CAN GO.
QUESTIONS? WELL, SORRY, I JUST STEPPED YOU'RE THE, YOU'RE THE COMMISSIONER.
WHERE ARE YOU GOING?
WELL, I ANTICIPATED, I PROBABLY WILL HAVE TO DO THIS ONE, BUT REALLY ANTICIPATED.
YOU MEAN IT WASN'T DEFINITE, BUT, UM, THIS IS COMPLICATED TOO, UNLESS YOU WANT TO ADJOURN IT TO ASK FOR INFORMATION.
LIKE SPECIFIC, WHAT IS IT THAT THEY EXPECT TO HAPPEN IN 10 YEARS THAT WOULD MAKE THEM MORE COMPETITIVE TI CULTURAL LEAVE THAN THEY ARE NOW? I THINK THAT'S A VERY GOOD QUESTION.
GIVEN HOW QUICKLY THE MARKETPLACE HAS CHANGED.
I'M NOT SURE THAT YOU COULD ASK SOMEBODY WHAT'S GONNA HAPPEN IN 10 YEARS.
WELL THEY'RE, THAT'S THEY ARE ASKING FOR 10 YEARS.
THEY PROPOSE 10, THEY PROPOSED A 10 YEAR PHASE OUT.
I I, BUT I'M SAYING, YOU KNOW, HOW'D THEY COME UP WITH THAT NUMBER? IT'S WAY TOO GENEROUS.
I THINK EVE, EVE FIGURED OUT HOW THEY CAME OUT WITH THE NUMBER EVE.
THEY'LL BE OUTTA COLLEGE BY THAT.
THESE ARE NOT PEOPLE WHO ARE LIKE GONNA FLY OUT OF THE NEIGHBORHOOD AND SELL IN TWO YEARS OR DO ANYTHING ELSE.
THEY'RE, THEY'RE GROUNDED TO THE GROUND THERE.
[03:45:02]
I MEAN, I MEAN, I DON'T KNOW HOW THIS IS GONNA WORK FINANCIALLY.IF IT, IF IT WERE ME, I'D SELL THAT PROPERTY SO FAST.
I MEAN YEAH, THAT'S A LOT OF WORK.
AND WHAT THEY'RE PROPOSING IS A LOT OF WORK.
I DON'T THINK THEY'RE AFRAID OF HARD WORK.
WHAT WAS THAT? THAT THEY'RE NOT AFRAID OF HARD WORK? NOPE.
BUT I GUESS CAN WE, CAN WE SATISFY THESE FOUR CRITERIA IN A WAY THAT, I'M SORRY? CAN THESE FOUR CRITERIA BE SATISFIED IN A WAY, ED, THAT YOU CAN JUSTIFY, JUSTIFY
AND IT WAS SORT OF SELF-CREATED.
WE REALLY HAVE A RIGHT TO SAY THAT PEOPLE SHOULD SELL, THAT SHOULD, SHOULD BE PUT OUT OF BUSINESS TO SELL BECAUSE IT'S MORE MONEY TO SELL THEIR LAND.
I I DON'T, WE'RE NOT TELLING THEM THAT.
YOU'RE SAYING THAT'S ALMOST EVERY BUSINESS.
WE'RE SAYING THAT IF THAT'S ONE OF THE TEST FACTORS, I'M SAYING THAT I'M, I'M OPERATING MY BUSINESS AS A LOSS.
HOWEVER, I SELL A BUSINESS, I MAKE A MILLION DOLLARS THEN, THEN THAT ARGUMENT OF WORKING AT A LOSS GOES OUT THE WINDOW BECAUSE THERE IS A REMEDY.
BUT THEY'RE NOT SELLING THEIR BUSINESS.
TALKING THAT'S THE USE IS NOT NO, NO, EXACTLY.
SO I'M TELLING YOU THAT THERE'S A HARDSHIP, FINANCIAL HARDSHIP.
IF YOU TOLD ME THAT THAT PROPERTY WAS ONLY WORTH A DOLLAR, THEN THAT'S SHOWING HARDSHIP THAT I COULDN'T, I CAN'T RECOUP WHAT I HAVE IN THE PROPERTY BECAUSE IT'S LESS THAN.
BUT AREN'T WE TALKING ABOUT THE USE OF THE LAND AND THE LAND IS USED NOW FOR HORTICULTURE AND THEY CAN'T SELL IT TO ANYBODY ELSE FOR THAT USE? NO, BUT THEY COULD SELL IT AND BUILD, YOU KNOW, TO A DEVELOPER WHO WOULD, YOU KNOW, BUILD HOUSING.
I MEAN IT'S NOT EXACTLY A FACT IN THE SITE.
THE ORIGINAL DEVELOPER DIDN'T BUILD THERE.
BUT IT'S ONLY ZONE FOR RESIDENTIAL USE.
SO IF YOU SOLD IT, THAT'S THE ONLY USE THAT COULD BE USED THERE.
UNLESS WE GIVE THEM A USE VARIANCE
SO IF THEY SOLD THE PROPERTY, THEY COULD MAKE MONEY.
I MEAN, THEY WOULD REALIZE BASICALLY IT COMES A RATE OF RETURN ON THE LAND.
BASICALLY IT COMES DOWN TO THIS, THE ZONING ORDINANCE TELLS YOU WHAT THE PROPERTY CAN BE USED FOR, WHAT THE LEGISLATIVE BODY HAS DETERMINED TO BE A VALID AND UH, UH, UH, NON-HARMFUL USE OF THE PROPERTY.
IF YOU WANT TO USE THE PROPERTY FOR SOMETHING THAT'S NOT PERMITTED, THAT'S NOT PERMITTED, THAT MEANS THAT THE LEGISLATIVE BODY HAS DETERMINED THAT IT'S NOT COMPATIBLE FOR THAT USE, THEN YOU NEED TO USE VARIANCE.
SO WHAT THEY WANT TO DO IS TO CONTINUE TO USE THE PROPERTY NOW WITH AN AMELIORATING FACT HERE IS THE FACT THAT IT HAS BEEN USED FOR THIS PURPOSE FOR GOING ON 70 YEARS NOW OR 65 OR SOMETHING, WHATEVER.
UM, SO, AND WE GAVE THE PARTNER BUSINESS, THAT'S A MILE AWAY A VARIANCE TO SELL FIREWOOD.
AND WHAT ABOUT THE MULCH AND WHAT ABOUT THE MULCH? FIREWOOD IS ONE THING.
THEY'RE ASKING FOR FIREWOOD AND MULCH.
AND IF YOU LOOK AT THE FINANCIAL STATEMENT THAT THEY GAVE, THEY'RE RUNNING A DEFICIT RIGHT NOW.
THE QUESTION IS, COULD THEY SELL A LOT FOR A HOME FOR $203,000? THE ANSWER TO ME WOULD BE YES.
WELL, EXCEPT THEY DO HAVE, THEY DID SUBMIT O EXTENSIVELY A LETTER FROM A BROKER, I BELIEVE THAT SAYS THAT IT'S NOT MARKETABLE FOR THAT.
WHETHER YOU ACCEPT THAT AS COMPETENT FINANCIAL EVIDENCE IS UP TO YOU.
BUT IF YOU'RE WILL, IF YOU'RE, IF YOU'RE LEANING TOWARD GRANTING IT, THEN YOU, THERE IS SOMETHING IN, IN THE RECORD TO SUPPORT THAT.
WHETHER YOU ACCEPT THAT AS, AS, UH, EVIDENCE, EVIDENCE AS, UH, SOMETHING
[03:50:01]
THAT CONVINCES YOU CONVINCING YOU, UH, THAT'S ANOTHER STORY.SO THEY AT LEAST HAVE ADDRESSED THE FOUR, THE FOUR CRITERIA.
WHETHER YOU THINK THAT THEY'RE, WHAT THEY'VE SUBMITTED IS SUFFICIENT IS UP TO YOU.
AND WE'RE NOT INTIMIDATED BY MRS. ROSE WILS WIL WITH WILKE, WHATEVER HER NAME IS.
UH, I MEAN, AGAIN, I, IF WE, IF WE CAN PUT IN THE PHASING
AND, AND IT HAS TO BE VERY SPECIFIC.
THEY'RE GONNA THEN COME BACK AND BE LIKE, NOW WE WANNA SELL ORANGE JUICE, YOU KNOW,
ALL WE, ALL WE NEED IS WITH OUR AIR QUALITY AND THE FACT THAT WE HAVE A GLOBAL WARNING FOR THEM TO SAY NO MORE FIREPLACES.
BECAUSE PEOPLE HAVE, THEY'RE BUILDING HOUSES IN FLORIDA NOW WITH FIREPLACES.
PEOPLE GO, WHAT ARE YOU DOING IT FOR? WELL, WE LIKE TO SEE A NICE FIRE
THEY'RE HEATING YOUR HOUSES WITH FIREWOOD RIGHT NOW BECAUSE OIL AND GAS ARE TOO EXPENSIVE.
SO I, I WAS UNCOMFORTABLE BECAUSE IT, WHAT THEY WERE DOING BEFORE WAS REALLY LIKE A LIGHT MANUFACTURING, UH, USE IN THE MIDDLE OF A RESIDENTIAL DISTRICT.
WHICH I WAS UNCOMFORTABLE GIVING A USE VARIANCE FOR THE SALE AND PROCESSING OF FIREWOOD AND MULCH ON SITE.
ESPECIALLY THE WAY THEY WERE DOING IT, THE WAY THEY WERE DOING IT.
IT, IT WAS A LIGHT MANUFACTURING OPERATION, YOU KNOW, THAT GOT, BUT NOW THEY'RE NOT GOING TO DO THAT IF THEY'RE NOT GOING TO DO THAT.
AND THEY ONLY WANT TO SELL FIREWOOD AND MULCH THAT IS NOT PROCESSED ON SITE.
I MEAN, I DON'T DON'T KNOW WHAT THAT NOT PROCESSED ON SITE MEANS.
IT MEANS SOMEBODY'S GONNA WHERE GET IT FROM.
LIKE SOMEBODY'S GONNA BRING IT.
THEY'RE NOT SO THEY'RE JUST NO MORE THAN A RESELLER.
I DON'T KNOW HOW, I DON'T SEE HOW YOU, I DON'T KNOW HOW THEY MAKE MONEY DOING IT.
BUT I MEAN, THAT'S NOT FOR ME.
BUT THAT'S WHY, I MEAN, LIKE, THEY'RE GONNA END UP REALIZING THAT THEY'RE NOT, MAYBE THEY'RE MOVING THEIR MACHINE SOMEWHERE ELSE WHERE THEY'RE GONNA CHOP IT UP AND THEN PART IT DOWN HERE.
THEY'RE ALSO, THEY COULD BE MOVING THE MACHINE SOMEWHERE WHERE THEY'RE ALLOWED TO DO IT AND THEN CARTING IT DOWN HERE 'CAUSE OF THE LOCATION TO ACTUALLY SELL THE WOOD.
WELL THERE'S, THAT'S AN EXPENSE TO DO THAT.
I MEAN, THEY HAVE A, A GOOD LOCATION THERE, YOU KNOW, AND THEY'RE WELL KNOWN AND PEOPLE AND THE GARDENERS BUY FROM THEM.
SO, AND THEY'RE GONNA TRY TO BEEF UP THEIR HORTICULTURE.
IT SAYS THEY'RE SEEKING TO SELL WOOD AND MULCH PROCESSED OFFSITE FOR A SPEC, A SPECIFIED PERIOD OF 10 YEARS AS THEY BUILD UP THEIR HORTICULTURE BUSINESS AND PHASE OUT THEIR DEPENDENCE ON WOOD AND MULCH SALES NOW IN 10 YEARS.
THUS, UNLIKE OTHER USE VARIANCE REQUESTS THAT RUN WITH THE LAND, THE VILLAS ARE PROPOSING A PHASE OUT OF THE WOODEN AND MULCH SALES OVER 10 YEARS.
ONE IS WHAT DO THEY MEAN BY PHASE OUT? IN OTHER WORDS, ARE THEY WILLING TO COME IN AND SAY, WE WILL SELL X AMOUNT OF FIREWOOD YEAR ONE AND A LITTLE LESS THE YEAR TWO
[03:55:01]
US YEAR.DID THEY GO INTO THAT AT ALL? I DON'T RECALL THEM.
THERE IS PRECEDENT FOR FIREWOOD.
HOW MUCH ARE THEY PROPOSING FOR FIREWOOD AS OPPOSED TO MULCH? DID THEY BREAK DOWN? I DIDN'T REMEMBER SEEING HOW, IF THEY'VE BROKEN DOWN THE SALE OF MULCH VIS-A-VIS, UH, VERSUS THE SALE OF FIREWOOD.
EITHER OR, OR ANY OF THE OTHER NURSERIES IN THE AREA CUTTING THE FIREWOOD TO SELL.
WELL, ACCORDING TO THEM, THEY'RE DOWN TO ONE, UH, OTHER, UH, NURSERY.
ALTHOUGH CARLSON'S IS, I DON'T KNOW.
I
AND WHILE THEY CAN SAY, WELL WE HAVE TO CUT IT IN ORDER TO SELL IT.
WE'RE NOT, YOU KNOW, WE'RE NOT PROCESSING IT.
I MEAN, YOU JUST DON'T TAKE PROCESSING.
THE PROCESSING WAS THE DRAWING AND ALL HEATERS.
WHAT DID YOU SAY THE PROCESSING WAS? THE DRYING OF THE WOOD AND ALL THE HEATERS AND ALL OF THAT.
AND THEY AGREED TO MAYBE THAT WOULD ALSO BE A CONDITION THAT THEY GET RID OF.
THEY WANT THEM TO HEAT UP THE NO, THEY WERE FA THEY PHASED OUT THE WOOD BURNING.
THEY WEREN'T USING THEM TO SEASON THE WOOD.
THEY WERE LETTING IT BEING DONE NATURALLY.
BUT THEN THEY GOT RID OF THE WOOD BURNERS AND RE PUT IN THE OIL BURNERS.
BUT THAT'S FOR THE NURSERY PRODUCTS.
AND WHEN WE WENT THERE, YOU COULD SEE WHERE THE HEATERS WERE AND THEY WEREN'T BY THE WOOD.
BUT I THINK THE WOOD WOODBURN BURNERS ARE STILL THERE.
THEY'RE, THEY'RE JUST NOT UTILIZED.
BUT THEY DID TURN THE OIL BURNERS AND EVERYTHING BACK ON.
SO THE QUESTION IS, DO YOU WANT MORE INFORMATION OR DO YOU WANT TO GRANT THIS TONIGHT OR VOTE TO, I'M NOT SURE WHAT WE'RE GRANTING.
I THINK WE HAVE, I THINK WE HAVE TO HAVE, SO WOULD BE GRANTING A USE VARIANCE TO NO, I UNDERSTAND THAT, BUT IT HAS TO BE DETAILED AND IN A MANNER THAT DOESN'T OPEN UP THE FLOODGATES.
'CAUSE I, I WAS REALLY THINKING MORE ABOUT THE FIREWOOD AND WASN'T THINKING ABOUT THE MULCH, BUT MM-HMM.
YEAH, BECAUSE IF THEY HAVE THE FIREWOOD INSIDE ONE OF THE GREENHOUSES, NO ONE'S GONNA SEE THAT.
I DON'T HAVE A PROBLEM WITH THAT.
BUT IF THE PILES OF MULCH ARE JUST EVERYWHERE, THAT'S CREATING A DIFFERENT SCENARIO.
WELL, THE PILES OF MULCH ARE, WHICH DOESN'T MEAN THAT THEY CAN'T BE DONE.
HOW WE HAVE TO SPECIFY, SPECIFY HOW AND WHERE RIGHT ON THE PROPERTY.
I THINK THERE ARE POTENTIALLY CONDITIONS THAT WE NEED TO PUT IN ON THAT.
YOU SOMEBODY WRITE IT? IS THAT WHAT YOU'RE SAYING? HE'S GONNA WRITE THAT WE ARE ADJOURNING IT FOR ALL PURPOSES.
AND THAT'S WHAT HE'S GONNA ASK.
IS THERE A WAY THAT WHEN WE GO BACK TO ASK QUESTIONS THAT WE CAN LIMIT IT TO, YOU CAN ASK HIM THE CONDITIONS SO WE DON'T GET THAT FREE FOR ALL AGAIN.
WELL, WE MAY GET THE FREE FALL TO SOME.
CAN WE ASK FOR THE ANSWERS TO THE QUESTIONS IN WRITING?
WE TRIED THAT WITH FAIL
I I TOLD YOU THEY WERE LOADED.
SO WHAT ARE WE ASKING THEM THEN? WELL, YOU COULD ASK THEM FOR THE BREAKDOWN OF, UH, MARCH VERSUS FIRE VERSUS A PRODUCT.
PHASE OUT SCHEDULE I AS LONG AS THEY, I THINK WE'D WANT WITHOUT INTENT WITHIN THE TIMEFRAME, DO WE REALLY NEED A SCHEDULE FOR HOW MUCH EACH YEAR UP TO YOU? I'D LEAVE THAT TO THEM AS OPPOSED TO LIKE JUST, ALRIGHT, ON THE 10TH YEAR WE JUST STOP.
AS OPPOSED TO SLOWLY DIMINISHING THE QUANTITY OVER A PERIOD OF TIME.
WELL IT'S JUST, IT'S JUST REFLECTING WHAT THEY WROTE.
[04:00:01]
OUT.SO JUST DETAIL THE PHASE OUT TO ASK THEM WHAT THEY MEANT.
WHAT ARE WE REALLY GONNA BE ABLE TO SAY? OKAY, DID YOU GET RID OF 10% A YEAR OR WHATEVER IT WAS? I THINK IT'S, WE'RE ASKING FOR SOMETHING THAT WE MAY NOT BE ABLE TO MONITOR.
YOU MAY NOT BE ABLE TO MONITOR THEM, BUT WHAT YOU COULD DO IS IF IN 10, WHATEVER THE PERIOD YOU CHOOSE, IF THEY COME IN THEN AGAIN FOR A USE VARIANCE FOR THE SAME THING, YOU SAY, WELL GIVE US YOUR FINANCIALS AND THEN YOU'D SEE WHETHER THEY PHASED OUT OR NOT.
AND IF THEY DIDN'T COMPLY WITH THE, UH, THE CONDITIONS OF THEIR PREVIOUS, UH, USE VARIANCE, WHY WOULD YOU GIVE THEM, YOU KNOW, THE THE, THE UNLIKELY FOR IT WOULD BE UNLIKELY FOR YOU TO GIVE THEM ANOTHER GET THEM AGAIN.
I THINK IT'S GONNA BE EXTREMELY HARD FOR, I I THINK WE'RE SETTING IT UP FOR THEM TO TELL US SOMETHING THAT THEY'RE NOT SURE WHAT THEY'RE WRITING AND HOW THEY'RE GONNA DO IT.
I, I THINK YOU CAN SAY CAN DECREASE OVER TIME, BUT TO, TO ASK 'EM TO DO IT, YOU MAY HAVE TO LIKE FRONT LOAD IT THE FIRST TWO OR THREE YEARS AND NOT DEC AND BUILD IT UP TO A POINT WHERE THEN YOU CAN DECREASE IT.
I MEAN IT'S, IT'S GONNA BE A, A GAME OF, UH, THE WOODEN MULCH VERSUS THE HORTICULTURE.
YOU KNOW, IT'S A BALANCING ACT.
WELL THE HORTICULTURE HAS TO AND MAYBE NEED TO STICK WITH THE WORDS PHASE OUT AS THE MULCH AND FIREWOOD DECREASES.
WELL THAT'S WHAT THEY'RE SAYING THEY INTEND TO DO.
BUT YEAH, I DON'T, I DON'T, I MEAN THEY MIGHT NEED THE PROFITS FROM THE WOOD IN THE MULCH TO ACTUALLY PUT THE GREENHOUSES BACK IN SHAPE.
I MEAN, A LOT OF THEM LOOK LIKE THEY NEEDED A LOT OF WORK.
I MEAN, I, I, I DON'T KNOW IF I WANNA GET INTO THE NITTY GRITTY OF THAT VERSUS IT'S FOR 10 YEARS AND THEN THAT'S IT.
UM, BUT I DO THINK WE NEED TO LIKE ASK 'EM ABOUT THEIR BUSINESS HOURS AND THINGS LIKE THAT.
NO, I'M NOT SURE THAT YOU'D NECESSARILY WANT TO GET INTO HOURS AT THIS POINT.
AND THEN THERE IS THE MENTION OF PERHAPS IN THE FUTURE THIS BEING A SOLAR FARM 'CAUSE IT'S A GREAT PIECE OF PROPERTY LOCATION WISE WITH THAT.
THAT RIGHT NOW THAT'S NOT AVAILABLE TO THEM BECAUSE WE DON'T HAVE A SOLAR FARM LAW.
BUT THAT IS COMING UP VERY SHORTLY, LIKE IN A COUPLE OF WEEKS.
SO WHEN YOU GET INTO A SITUATION INTO THE FACTOR THAT SAYS YOU CANNOT RECEIVE A REASONABLE RETURN FROM A USE THAT'S PERMITTED AT THIS POINT IN TIME, THEY CAN'T SAY THAT IT'S PERMITTED, BUT IT WILL BE SHORTLY ONE HOPES.
SO IF AND WHEN IT COMES UP AGAIN, UH, THEY'LL, THAT WOULD BE, THEY'LL FACE, THEY'LL FACE OUT.
THE WHAT? I'M NOT EVEN SURE WHY WE'RE ADJOURNING IT.
WELL, WE'RE GONNA HAVE TO ASK THEM.
WELL THAT'S WHY I'M ASKING IF YOU, THE OTHER IS YOU COULD VOTE TO, I THINK, DO YOU WANNA JUST DENY THEM? I THINK NO, I WAS GONNA GRANT THEM.
WELL, BUT DON'T WE HAVE QUESTIONS ABOUT THE MULCH VERSUS, I MEAN WHERE THEY'RE GONNA STORE IT.
YOU HAVE QUESTIONS ABOUT A LOT OF STUFF.
SO WE'RE ADJOURNING TO ASK MORE QUESTIONS.
TO ASK QUESTIONS ABOUT WHERE THE BOLT IS GONNA GO, HOW MUCH, DON'T JUST TELL THEM, WELL YOU DON'T HAVE TO GRANT FOR MULCH.
YOU COULD GRANT FOR FIREWOOD BECAUSE THERE'S PRECEDENT FOR THAT.
SO WE WANNA KNOW HOW MUCH MULCH THEY'RE PLANNING ON PUTTING ON SITE.
A HIGH TO PILE HEIGHTS ARE WHERE IT'S GONNA BE LOCATED.
I JUST WANNA KNOW, TURNING THIS, IS THE FIREWOOD FIREWOOD THAT WHEN THEY GET IT, OR IS IT TREES
[04:05:01]
THAT THEY HAVE TO, SHE SAID CUT THE NO, IT'S FIREWOOD.IT'S GONNA, IT'S, THAT'S ALREADY PROCESSED.
NOT GETTING, THAT'S WHAT THEY DO NOW.
THEY GET TREES AND THEY PROCESS IT.
THAT WE WOULD'VE TO SAY THAT'S PROHIBITED.
TREES AREN'T, WHATCHA TALKING ABOUT TREES ARE FIREWOOD.
I THINK THEY'RE TWO SEPARATE CONDOS IF WE GRANT OH RIGHT.
WE WOULD PROHIBIT THE PROCESSING OF WE CANNOT ACCEPT A TREE.
CHOP IT UP ON SITE AND BOTTLE IT.
I THINK THAT'S UNDERSTOOD IN THEIR PRESENT, THEIR SUBMISSION.
WAIT A MINUTE, WE GOTTA GO BACK ON AND YOU'VE GOTTA DO DO WE WHAT DO WE HAVE? TWO? WE CLEARED TWO.
KIRA, HOW MANY CA CASES DO WE HAVE IN THE PIPELINE? WHERE'D YOU GET THREE FROM TWO.
OH YEAH, TWO, SIX OR SEVEN NEW ONES NEXT WEEK.
BILL, IS THAT TRUE? WELL SHE, NO, SHE SAID SIX OR SEVEN.
WHEN ARE WE GOING BACK UP HERE? WE'RE GONNA STAY DOWN HERE.
WE'RE GOING UP THERE HAVING HAD OUR DELIBERATIONS.
AND DO YOU THINK ANYBODY'S OUT THERE? YES.
WHAT? OH, WHAT WAS THAT? HER HUSBAND WENT TO THE CASINO WHILE WE WERE DOING THE MEETING AND SOMEONE TOOK HIS CARS.
NO, I'M SORRY, I WASN'T PAYING ATTENTION.
HE WAS IN THE SELF PARKED GARAGE.
OH, HE'S IN A SOUTHPARK GARAGE AND HER HUSBAND TOOK, THEY'RE TOOK THE CAR TO ATLANTIC CITY.
SHOULD WE DIGRESS? RIGHT? UH, THE RESULTS OF, I JUST GOT A TEXT.
WE'RE GOING TO DO THE MEETING.
WE'RE GOING TO GO FORWARD AND THEN IT'S GONNA BE VERY QUICK AND THEN YOU CAN GIVE US THE UPDATE.
CASE NUMBER 2314, WHICH WAS THE FIRST CASE ON THIS THIS EVENING.
HARTSDALE GREENHOUSES IS ADJOURNED TO MARCH 31ST FOR ALL PURPOSES.
CASE NUMBER TWO AND CASE NUMBER.
WELL LET'S DO TWO TIME, I GUESS.
MARCH 21ST YOU HAVE A DATE BECAUSE IF YOU CAN ANNOUNCE THAT DATE TONIGHT.
SO WE DO NOT HAVE A DATE AT THIS TIME.
CASE NUMBER 2332 IS ADJOURNED AS OF RIGHT AS REQUESTED BY THE APPLICANT.
UH, MR. LEON IS ADJOURNED TO MARCH 21ST.
AND THE NEW CASES THAT WE HAVE ON FIRST IS CASE 2335.
AND DO WE HAVE A MOTION? YES MA'AM.
I MOVE THAT APPLICATION IN CASE NUMBER 23 DASH 35.
PROVIDED THAT ONE, THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILE THE SAME WITH THE BUILDING DEPARTMENT.
I NEED TO DO THE SECRET FIRST.
RETRACT, YES, THE DELETE BUTTON TO THE RIGHT.
OKAY, SO LET'S START ALL OVER ON CASE 2335.
UM, NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
[04:10:01]
A MOTION.OH, MADAM CHAIR, I MOVE THAT THE APPLICATION IN CASE NUMBER 23 DASH 35 BE GRANTED PROVIDED THAT THE APPLICANT OBTAINED ARY APPROVALS AND FILED THE SAME WITH THE BUILDING DEPARTMENT.
CONSTRUCTION SHALL BEGIN NOTED IN 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, STAMPED, AND RECEIVED.
12 15, 28, 23 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 HEARING THE VARIANCES, VARIANCE OF VARIANCE ARE BEING GRANTED FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED SUPPORT OF THIS APPLICATION ONLY IN THE 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 OF OTHER VARIANCES WE HAVE APPROVED HEREIN.
UM, WE WILL NOT READ THE FINDINGS THIS EVENING IN LIGHT OF THE, UH, LATENESS OF THE HOUR.
HOWEVER, THAT INFORMATION WILL BE PUT UH, IN THE RECORD BY THE STENOGRAPHER AS WELL AS, UH, ANYONE WILL WHO WISHES TO GET THAT INFORMATION CAN CONTACT THE SECRETARY.
AND WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SEEKING CONSIDERATION.
AND DO I HAVE A MOTION? UH, YES.
I MOVE THAT THE APPLICATION IN CASE NUMBER 2336 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE.
SAME WITH THE BUILDING DEPARTMENT.
UH, THIS IS FOR LEGALIZATION, SO I'M NOT GONNA READ THE CONDITION ABOUT THE CONSTRUCTION.
UH, SO THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLANS SUBMITTED IN SUPPORT OF THIS APPLICATION.
ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT SET FACTOR OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
AND AGAIN, THE FINDINGS WOULD BE, WILL BE PROVIDED.
UM, THE LAST CASE WE HAVE IS 24 0 1 AND THAT'S, UH, BOYCOTS AND THAT IS ADJOURNED TO MARCH 21ST FOR ALL PURPOSES.
AND WITH THAT WE WILL SEE ANYONE WHO IS INTERESTED IN THESE CASES OR THE NEW CASES THAT WE HAVE ON ON THAT DATE.