[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS AGENDA THURSDAY, March 21, 2024 – 7:00 P.M. ]
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JUST TO MAKE SURE YOU'RE IN THE RIGHT ROOM.
THIS IS THE ZONING BOARD OF APPEALS.
YES, IT, UM, WE ARE GOING TO TAKE A ROLL CALL BEFORE WE PROCEED.
FIRST WE HAVE E BUNTING SMITH PRESENT.
AND THAT CONCLUDES OUR ROLL CALL.
SO THE MEETING WILL NOW COME TO ORDER.
WE HAVE EIGHT CASES SCHEDULED FOR TONIGHT'S MEETING.
LOOKING FORWARD, OUR NEXT REGULAR MEETING IS THURSDAY, APRIL 18TH.
MARK YOUR CALENDARS ACCORDINGLY.
BECAUSE OF THE NUMBER OF CASES WE NEED TO HEAR TONIGHT, WE'RE GOING TO LIMIT EACH CASE TO 20 TO 25 MINUTES.
IF WE CANNOT FINISH HEARING A CASE IN THAT TIME, IT'LL BE ADJOURNED TO ANOTHER MEETING TO BE COMPLETED AT THAT TIME, UNLESS, OF COURSE, UM, WE GO VERY QUICKLY.
IN ORDER TO SAVE TIME, WE WAIVE A READING OF THE PROPERTY LOCATION AND THE RELIEF SOUGHT FOR EACH CASE.
HOWEVER, THE REPORTER WILL INSERT THIS INFORMATION IN THE RECORD.
THIS INFORMATION ALSO APPEARS IN THE AGENDA FOR TONIGHT'S MEETING.
AFTER THE PUBLIC HEARING OF TONIGHT'S CASES, THE BOARD WILL MEET TO DISCUSS EACH CASE.
EVERYONE IS WELCOME TO LISTEN TO OUR DELIBERATIONS, WHICH WE WILL DO IN THIS ROOM.
HOWEVER, THE PUBLIC WILL NOT BE PERMITTED TO SPEAK OR PARTICIPATE AT THAT TIME.
AFTER OUR DELIBERATIONS ON ALL THE CASES, WE COME BACK AND ANNOUNCE TO THE BOARDS, ANNOUNCE TO THE COMMUNITY, I'M SORRY, THE BOARD'S DECISION FOR THE FORMAL RECORD AND HAVE IT BROADCAST TO THE COMMUNITY.
IF YOU'RE GOING TO SPEAK TONIGHT, YOU MUST COME UP TO THE MICROPHONE.
STATE YOUR NAME AND ADDRESS, OR YOUR PROFESSIONAL AFFILIATION.
WE'VE HEARD TESTIMONY ON SOME OF THE CASES AT PRIOR MEETINGS.
ALL PRIOR TESTIMONY IS ALREADY IN THE RECORD AND SHOULD NOT BE REPEATED.
THE FIRST CASE WE WILL HEAR THIS EVENING IS CASE 2314 HARTSDALE GREENHOUSES.
GOOD EVENING, MADAM CHAIR, MEMBERS OF THE ZONING BOARD OF APPEALS.
MY NAME IS LUCIA KECHI WITH CUDI AND FADER, AND WE REPRESENT HARTSDALE GREENHOUSES.
I'M JOINED TONIGHT BY MY CLIENTS CAROL AND TONY AVILA AND THEIR DAUGHTER.
UM, WE SUBMITTED SOME SUPPLEMENTAL INFORMATION, UH, AT THE REQUEST OF THE ZONING BOARD OF APPEALS, UM, FROM LAST, UH, LAST MONTH'S MEETING.
UM, JUST AS A QUICK RECAP, WE'VE REVISED THE USE VARIANCE REQUEST TO ALLOW THE SALE OF FIREWOOD LOGS AND MULCH THAT ARE PROCESSED OFFSITE AND TO CONTINUE THOSE SALES FOR A PERIOD OF 10 YEARS.
SO AFTER 10 YEARS, THOSE SALES WOULD NO LONGER BE OCCURRING AT THE PROPERTY.
WHEN I SAY PROCESSED OFF SITE, WHAT THAT MEANS IS NO TREES WOULD BE DELIVERED TO THE PROPERTY, UM, BECAUSE NOTHING WOULD BE PROCESSED AT THE PROPERTY.
IT WOULD BE PROCESSED SOMEWHERE ELSE.
SO WHAT WOULD BE AT THE PROPERTY WOULD BE THE FINAL PRODUCT OR THE FIREWOOD LOGS OR THE MULCH.
UM, UNLIKE OTHER USE VARIANCE REQUESTS, UH, WE'RE SEEKING TO BE ABLE TO SELL THESE PRODUCTS, UM, FOR A PERIOD OF 10 YEARS.
SO AFTER 10 YEARS, IT'S PHASED OUT.
SO IT'S NOT AS, IT'S NOT SOMETHING THAT RUNS WITH THE LAND.
LIKE OTHER USE VARIANCE REQUESTS.
THE VIEWERS ESTIMATE THAT THEY NEED THAT 10 YEARS TO BUILD UP THEIR HORTICULTURE BUSINESS.
SO THE WHOLE POINT OF ASKING FOR THIS ABILITY TO SAIL THE FIREWOOD LOGS AND THE MULCH IS SO THEY HAVE AN OPPORTUNITY TO BUILD UP THEIR HORTICULTURE BUSINESS.
WE PROVIDED INFORMATION THAT INDICATES THAT THAT BUSINESS RUNS AT A LOSS OF ABOUT $200,000 A YEAR.
SO IN ORDER TO MAKE UP FOR THAT LOSS, THEY'D LIKE TO SELL THESE PRODUCTS AND BUILD UP THE HORTICULTURE BUSINESS.
THE HORTICULTURE BUSINESS, WE, YOU'VE HEARD THIS BEFORE, IT'S IT'S FACING, UM, VERY STIFF COMPETITION FROM BIG BOX STORES AND OTHER RETAILERS, UH, THAT SELL THESE PRODUCTS.
UM, WE'VE ALSO PROVIDED SOME INFORMATION ABOUT OTHER NURSERIES THAT HAVE GONE OUTTA BUSINESS DUE TO, DUE TO THESE, THIS COMPETITION.
AND THOSE NURSERIES WERE ALSO CUSTOMERS OF HARTSDALE GREENHOUSES.
SO IN ADDITION TO THE COMPETITION, THEY'VE ALSO LOST CUSTOMERS WITH THESE OTHER NURSERIES THAT HAVE GONE OUTTA BUSINESS.
SO TAKING THAT ON INTO ACCOUNT, THEY REALLY FEEL THAT THEY NEED THOSE 10 YEARS TO, TO BUILD UP THAT HORTICULTURE BUSINESS.
UM, IT'S A SEASONAL HORTICULTURE SEASONAL AS YOU KNOW.
SO IT'S, IT'S VERY DIFFICULT TO SAY, OKAY, WE CAN DO THIS IN A FEW YEARS.
ONE OF THE OTHER THINGS THEY'RE LOOKING INTO IS BECOMING A CERTIFIED ORGANIC NURSERY.
UM, AND, AND THAT DOES TAKE YEARS.
THEY PROVIDED SOME ESTIMATES ABOUT
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WHAT THEY, HOW THEY CAN PHASE OUT, UM, THEIR FIREWOOD AND MULCH PRODUCTS, UM, WITH RESPECT TO THE NUMBER OF CORDS AND THE, UH, SIZE OF THE MULCH PILES, HOW THEY CAN DO THAT OVER THE NEXT 10 YEARS.AND AT THE END OF THE 10 YEARS, ALL OF THE PRODUCTS WOULD BE SOLD AND OFF THE SITE, THE FIRE WOULD BE, WOULD BE STORED IN THE GREENHOUSES.
UM, AS IT IS NOW PROVIDED A MAP AS TO THE LOCATION OF THE MULCH PILES, WHICH WOULD BE, UM, IN THE BACK REAR OF THE PROPERTY, UM, BACK WHERE IT'S ADJACENT TO THE SPRAIN AND THE, UM, CONNET HIGH, UH, CONNET TRANSMISSION LINES.
AND THE REASON IS TO KEEP THAT FURTHEST FROM, UM, ANY ABUTTING PROPERTIES TO, TO KEEP IT THAT PART OF THE PROPERTY.
UM, YES, FOR SOME INFORMATION WITH RESPECT TO THE EVALUATION AS A NURSERY, YOU KNOW, WHAT WOULD THIS PROPERTY BE VALUED AT IF SOME OTHER NURSERY WANTED TO COME AND BUY IT AS A BUSINESS? AND, UM, SPEAKING WITH A, A LICENSED REAL ESTATE BROKER, HE IS LIKE THAT.
THAT'S REALLY IMPOSSIBLE TO FIGURE OUT BECAUSE ONE, IT'S A NON-CONFORMING USE, WHICH IS A, A HUGE UNCERTAINTY FOR PROSPECTIVE BUYERS.
UM, THE BUSINESS IS RUNNING AT A LOSS, UM, AS I MENTIONED EARLIER, AND THERE IS THIS COMPETITION, UM, FOR, FOR NURSERY PRODUCTS FROM THESE OTHER RETAILERS.
UM, AND WITH RESPECT TO RESIDENTIAL DEVELOPMENT, UH, ONCE AGAIN, WE HAD THE BROKER'S LETTER, WHICH WE HAD SUBMITTED THE LAST TIME, INDICATING THAT, YOU KNOW, IT'S, IT'S NOT, UM, SOMETHING THAT'S THE HIGHEST AND BEST USE OF THE PROPERTY, UM, FOR A LOT OF DIFFERENT REASONS.
YOU COULD LOOK AT THE SIZE OF THE PROPERTY, DIVIDE IT BY THE MINIMUM ZONING, AND COME UP WITH THE NUMBER OF HOUSES, BUT YOU'RE NOT TAKING INTO CONSIDERATION, UH, UTILITIES, ROADWAYS, AND OTHER SITE CONSTRAINTS SUCH AS THE KIND OF HIGH TENSION WIRES.
THE SPRING BOOK PARKWAY, A LOT OF NOISE FROM THE PARKWAY.
SO THESE ARE THINGS THAT ARE, ARE SITE CONSTRAINTS.
UM, THE VS DID REACH OUT TO DEVELOPERS WHO JUST WERE LIKE, WE'RE, WE'RE JUST NOT INTERESTED.
IT'S NOT SOMETHING THAT WE WOULD CONSIDER.
UM, AND JUST AS A REMINDER, UH, WE DID PROVIDE SOME, UH, DECISIONS, OTHER DECISIONS FROM THIS BOARD WITH RESPECT TO THE SALE OF PRODUCTS THAT ARE NOT GROWN ON NURSERY PROPERTIES.
UM, SO THIS BOARD DOES HAVE PRECEDENT FOR ALLOWING WHAT WE ARE REQUESTING HERE WITH RESPECT TO THE SALE OF PRODUCTS THAT ARE GROWN ON THE PROPERTY.
UM, THE CARLSON'S NURSERY USE VARIANCE APPLICATION.
THEY SUBMITTED A SIMILAR, UH, REAL ESTATE BROKER'S LETTER FOR RESPECT TO, UM, THE USE VARIANCE CRITERIA FOR THE, UM, FINANCIAL INFORMATION.
SO SOMETHING SIMILAR THAT WE'VE DONE IN THIS CASE WITH RESPECT TO TRYING TO DEMONSTRATE THAT, THAT FINANCIAL INFORMATION.
SO WE'RE, WE'RE HAPPY TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE.
UM, ANY QUESTIONS FROM THE BOARD? I JUST HAVE HOW MANY DEVELOPERS DID YOU REACH OUT TO? I THINK YOU REACHED OUT TO TWO DEVELOPERS.
AND I JUST WONDERED HOW, IN TERMS OF YOUR HORTICULTURE BUSINESS THAT YOU WANT TO, UM, EXPAND UPON.
HOW DO YOU ANTICIPATE IN, IN THE GOING FORWARD WITH ALL OF THE COMPETITION? WHAT WOULD MAKE IT SUCCESSFUL NOW AS OPPOSED TO NOT BEING ABLE TO RUN AT A PROFIT? YEAH.
WELL, IT'S ONE OF THE THINGS THAT I TALKED ABOUT WAS THE, YOU KNOW, BECOMING A CERTIFIED ORGANIC, UM, NURSERY.
UM, IT'S SOMETHING, YOU KNOW, LOOKING AT THE TRENDS AND TRYING TO APPEAL TO A MARKET THAT WOULD BUY THE PRODUCTS, THINGS LIKE THAT.
I MEAN, IT'S, YOU KNOW, IT'S, IT, IT, OBVIOUSLY IT'LL CHANGE OVER TIME, BUT, SO IN SAYING THAT, ARE YOU SAYING THAT IT'S A QUESTION OF DEMAND FOR THE ORGANIC, UH, THAT YOU WOULD PRODUCE? OR IS IT THAT IT TO BE CERTIFIED TAKES A SUBSTANTIAL AMOUNT OF TIME TO ACCOMPLISH? SO THERE, THERE IS A DEMAND, I'M SURE YOU REALIZE RIGHT, THERE IS A DEMAND FOR ORGANIC PRODUCTS.
UM, SO TO, TO SAY MY PRODUCT IS ORGANIC, YOU HAVE TO BECOME A CERTIFIED ORGANIC NURSERY.
AND THAT, THAT'S A PROCESS, RIGHT? TO GET THAT CERTIFICATION AND THEN TO IMPLEMENT WHAT NEEDS TO BE IMPLEMENTED WITH RESPECT TO GROWING THE PRODUCTS, TO MAKING SURE THAT YOU'RE, YOU'RE COMPLYING WITH THAT SO THAT THAT'S NOT SOMETHING WHERE YOU CAN APPLY FOR IT AND BECOME CERTIFIED ORGANIC IN A WEEK.
UM, THAT'S, IT'S, IT'S A PROCESS AND IT TAKES TIME.
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I'LL, I'LL BE BRIEF.UM, YOU DID MENTION THE PILE HEIGHTS AND THAT PILE HEIGHT WAS GONNA BE HOW MUCH AGAIN? NO, NO GREATER THAN 10,000 CUBIC YARDS HEIGHT.
YOU HAVE A HEIGHT ESTIMATE? YEAH.
UM, YOU CAN TELL ME GRADUATIONS 15 HIGH, 15 FEET HIGH.
AND THEN THE CREATION OF THE MULCH, WOULD THERE BE ANY MILLING OF THE MULCH? 'CAUSE THE TREES ARE COMING IN, SO IT WOULD COME IN PRE-PACKAGED? NO, IT WOULDN'T BE CUT.
SO IN TERMS OF CREATING THE MULCH, HOW ARE WE GETTING THAT MULCH? MULCH WILL BE PROCESSED SOMEWHERE ELSE.
SO IT'LL COME IN AS MULCH? IT'LL COME IN AS MULCH.
AND IT'D BE NO HIGHER THAN 15 FEET? CORRECT.
AND THEN JUST VERY QUICKLY, I HAVE TWO MORE QUICK QUESTIONS.
UM, IN THAT FIVE YEAR ANALYSIS, EXCUSE ME, 10 YEAR ANALYSIS, BECAUSE I WOULD'VE ASKED, WHY COULDN'T IT BE FIVE YEARS TO BE, UM, SOLVENT? DID YOU SEEK ANY PROFESSIONAL, UM, FINANCIAL, UM, OR COUNTING AS WITH THAT PLAN? OR IS THAT JUST LIKE A FEELING THAT WE'D BE, IT'S BASED ON MY CLIENT'S, UM, EXPERIENCE.
SHE'S BEEN, AS YOU KNOW, SHE'S BEEN WORKING AT THE NURSERY SINCE SHE WAS A CHILD.
IT'S BEEN HER FAMILY BUSINESS, SO SHE KNOWS THE BUSINESS BEST.
AND THEN THE LAST ONE, WHICH IS VERY INTERESTING TO ME BECAUSE WITH ALL THE ARTICLES ABOUT THINGS BEING ORGANIC, WHAT DOES THAT PROCESS ENTAIL DOING? IS THAT SOIL MITIGATION INDICATING THAT THAT'S ORGANICALLY CLEAN SOIL, DIFFERENT WATER USAGE, DIFFERENT AERATION, ALL THOSE THINGS.
LACK OF USING FERTILIZER? I DON'T WANNA PUT TOO MUCH IN YOUR MOUTH.
I JUST WANNA KNOW WHAT WE'RE SAYING.
ORGANIC, WHAT WE'RE TALKING ABOUT.
WHAT IS THAT PROCESS? ALL THOSE THINGS.
AND IT TAKES YEARS AND IT HAS TO, YOU CAN COME TO THE MIC AND TELL US GO AHEAD.
YOU HAVE A FEW MORE MINUTES LEFT.
IT, IT'S A PROCESS THAT TAKES YEARS AND IT, IT HAS TO BE CERTIFIED.
UM, WE'RE JUST STARTING THE PROLI, THE BEGINNINGS OF IT, BUT IT HAS TO BE CERTIFIED.
UH, IT'S NOT SOMETHING THAT I COULD JUST ANNOUNCE THAT IT'S CERTIFIED.
IS THERE AN AGENCY THAT DOES THIS OR SOMETHING YOU APPLY FOR? I BELIEVE IT'S THE NEW YORK STATE DEPARTMENT OF AGRICULTURE.
CAN I, I HAVE A QUESTION FOR THE BUILDING DEPARTMENT.
IS, IS A NURSERY, SUCH AS WHAT THEY'RE ENVISIONING A CERTIFIED ORGANIC NURSERY? IS THAT, THAT A PERMITTED USE IN A RESIDENTIAL DISTRICT? IT WAS THE CONTINUATION OF THEIR, UH, SHE PUT IT ON THE, SORRY.
HI, LIZ GARRITY, DEPUTY BUILDING INSPECTOR.
IT WOULD BE A CONTINUATION OF THEIR PREEXISTING USE AS A NURSERY.
SO IT WOULD STAY IN CONFORMANCE WITH THE DISTRICT.
SO, SO THERE WOULDN'T NEED A USE VARIANCE IF THEY WERE GOING TO USE THIS AS A NURSERY? NOT AS A NURSERY.
THE AGRICULTURAL USE IS THE AGRICULTURAL USE.
THEY'RE STILL USING THE GREENHOUSES AS A NURSERY FROM WHAT MY UNDERSTANDING IS.
IT'S THE, THE WOOD THAT REQUIRES THE USE VARIANCE, THE BRINGING IN OF THE WOOD? YES.
AND THE MULCH ALSO CORRECT? YEAH.
AND THE MULCH, THE WOOD PRODUCTS.
AND I KNOW IT, WE, THERE WAS PRECEDENT FOR WOOD.
IS THERE PRECEDENT FOR PILES OF MULCH AT NURSERIES WITHIN THE TOWN? NOT THAT I'M AWARE OF.
UM, IT WAS BROUGHT UP THAT, UM, THERE NEEDS TO BE SOME DISTINCTION BETWEEN THE TERM FIREWOOD AND FIREWOOD LOGS.
IS THERE ANY DIFFERENCE AS FAR AS, NOT THAT WHAT YOU'D WANNA PUT ON THE RECORD? I, I THINK IT'S THE SAME THING.
IT'S A FIREWOOD LOG THAT YOU WOULD USE TO PUT IN YOUR STOVE, YOUR FIRE, YOU KNOW, AT HOME YOU CAN GIVE A THE SAME, IT'S THE SAME THING.
IT'S BASICALLY THE SAME THING.
UM, I JUST FELT THAT I NEEDED TO ASK THAT QUESTION.
ANYTHING ELSE FROM THE BOARD AT THIS MOMENT? ALL RIGHT.
LET ME ASK YOU, IS THERE ANYONE IN THE
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AUDIENCE THAT WISHES TO ADDRESS THIS? COME UP, PLEASE.LET'S START IN THE FRONT AND WE'LL WORK OUR WAY BACK.
BECAUSE OF THE RISE IN AVERAGE TEMPERATURES, THERE'S A CONCERN THAT WOULD NOT BE TRANSPORTED FROM ONE AREA TO ANOTHER BECAUSE IT CARRIES CERTAIN ORGANISMS THAT DO NOT FAMILIAR WITH IT AND THEY SPREAD.
THIS IS A RATHER NEW PHENOMENA WHERE PEOPLE ARE NOW CONCERNED ABOUT IT.
ALL OF THAT, MOST THAT COMES INTO THE MAJOR PLACES WILL HAVE TO BE GUARANTEED TO BE FREE OF ANY OUTSIDE BUGS OR STUFF.
THIS IS A NEW PHENOMENA, AND IT HASN'T BEEN FULLY ADDRESSED YET, BUT BECAUSE OF THE RISING AVERAGE TEMPERATURES, OUR GARDEN HAS CHANGED AND THE PLANTS THAT WE HAD TWO YEARS AGO HAVE TO BE DIFFERENT.
NOW, THIS IS THE BEGINNING OF A NEW ERA WHERE WE LOOK AT HOW WE PLANT AND HOW WE DEAL WITH RAIN AND DEEP RAIN.
MY FAMILY WAS IN A CLEANING BUSINESS FOR ALMOST A HUNDRED YEARS.
MY SON IS THE LAST AND OUR BUSINESS IS GONE.
PEOPLE DON'T CLEAN CLOTHES ANYMORE.
SO WHEN YOU SAY THAT MY, YOUR BUSINESS HAS BEEN CHANGED AND YOU CAN'T DO WHAT YOU DID BEFORE, YOU'RE LOOKING AT SOMEBODY WHOSE FAMILY HAS LOST ITS BUSINESS AFTER A HUNDRED YEARS.
THIS IS A NEW PHENOMENA, AND THIS IS JUST THE FIRST DISCUSSION ABOUT WHETHER OR NOT FIREWOOD SHOULD BE EVEN BURNED IN THIS AREA, UPSTATE.
ANY PLACE THAT'S BURNED HAS TO HAVE A SOMETHING.
YOU HAVE TO, TO DEAL WITH THE SMOKE.
SO FIRE FIREPLACES ARE PRETTY MUCH ON THEIR WAY OUT.
MY NAME IS DOREEN LIPSON DEAL.
I'M PRESIDENT OF THE WORTHINGTON WOODLAND CIVIC ASSOCIATION AND A MEMBER OF THE EXECUTIVE BOARD OF THE COUNCIL OF GREENBERG CIVIC ASSOCIATIONS.
GOOD EVENING CHAIR PERSON BUNDY SMITH AND MEMBERS OF THE ZBA.
DURING A DELIBERATION SESSION AT THE FEBRUARY 15TH, 2024 MEETING, MOST OF THE ZBA MEMBERS EXPRESSED SUPPORT FOR GRANTING THE REVISED USE VARIANT SOUGHT IN A ZBA CASE 2314, BUT DECIDED TO ADJOURN THE APPLICATION TO THE MARCH 21ST MEETING BECAUSE THERE WERE SO MANY UNANSWERED QUESTIONS.
TO DATE, THIS APPLICATION HAS BEEN ADJOURNED EIGHT TIMES.
AFTER SEVERAL OF THESE, AFTER SEVERAL OF THESE EIGHT ADJOURNS ZBA SECRETARY KYRA JONES SENT LETTERS TO THE APPLICANT'S ATTORNEY SEEKING SPECIFIC INFORMATION AT LEAST THREE TIMES AUGUST 1ST, SEPTEMBER 27TH, AND FEBRUARY 23, 24.
MS. JONES LETTERS HAS SOUGHT THE FINANCIAL INFORMATION REQUIRED BY NEW YORK STATE LAW SECTION 2 6 7 DASH B PROOF NECESSARY FOR A USE VARIANCE NOT PROVIDED AS THE MEMBERS OF THE ZBA SHOULD BE AWARE, NEW YORK STATE TOWN LAW SECTION 27 B TWO SPECIFIES THAT APPLICANTS SEEKING USE VARIANCES ARE REQUIRED TO DEMONSTRATE TO THE ZBA WITH DOLLARS AND CENTS PROOF THAT FOR EACH AND EVERY PERMITTED USE ALLOWED IN THE ZONING DISTRICT, THEY CANNOT REALIZE A REASONABLE RETURN.
THE APPLICANT HAS ONCE AGAIN FAILED TO COMPLY WITH THIS REQUIREMENT.
THE JANUARY 31ST, 2024 AND MARCH 6TH, 2024.
LETTERS FROM HOULAHAN LAWRENCE REAL ESTATE BROKER.
THAT MISTAKE DOES MISSTATE THE ZONING ON THE PROPERTY AND CLAIM THERE IS AN EXISTING NON-CONFORMING USE ON THE PROPERTY IS NOT DOLLARS AND CENTS PROOF.
LIKEWISE, THE APPLICANT'S ATTORNEY EXPLANATION THAT ALSO MISSTATES THE ZONING OF THE 3.66 PARCEL AND NUMBER OF HOMES THAT COULD BE BUILT OR AN UNNAMED DEVELOPER HAS NO INTEREST IN ACQUIRING THE PROPERTY IS NOT DOLLARS AND CENTS PROOF AND TO MENTION HAS BEEN INCLUDED FOR THE, AND NO MENTION HAS BEEN INCLUDED FOR THE NUMEROUS OTHER PERMITTED AND SPECIAL PERMITTED USES ALLOWED IN THE ONE FAMILY ZONING RESIDENTIAL DISTRICTS IN THE TOWN ZONING ORDINANCE.
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ZBA MEMBERS DURING THE FEBRUARY 15TH MEETING, AN APPLICANT MUST SATISFY ALL FOUR CRITERIA ESTABLISHED BY THIS TOWN STATE LAW.SINCE THE APPLICANT HAS NOT SUPPLIED THE FINANCIAL INFORMATION REQUIRED.
THE ZBA PRECLUDED FROM GRANTING A USE VARIANCE, IT DOESN'T HAVE TO GO ALL ZBA DECISIONS MUST BE BASED ON FACTS.
IF THE ZBA DECISION IS TO ADJOURN THE APPLICATION FOR THE NINTH TIME, ACTUAL VIABLE FACTS MUST BE DEMANDED.
THE ZBA MUST DECIDE THE APPLICATION BASED ON ACTUAL FACTS, NOT FEEL SORRY FOR THE APPLICANT'S EXCUSES.
PLEASE FIRST NOTE, WHILE PREVIOUS SUBMISSIONS FROM HARTSDALE GREENHOUSES SOUGHT TO CONTINUE PROCESSING THE SALE OF FIREWOOD AND MULCH AT THE FOUR 50 CCO ROAD SITE, THE MARCH 20TH, 1120 2024 SUBMISSION SEEKS ZBA AUTHORIZATION TO SELL FIRE LOGS AND MULCH.
THE ZBA SHOULD SEEK AN EXPLANATION OF THE DIFFERENCE BETWEEN FIREWOOD AND FIREWOOD LOGS, WHICH JUST YOU HAD ANSWERED IN RESPONSE TO THE Z B'S QUESTION OF WHERE AND HOW THE FIREWOOD DE MULCH WOULD BE STORED.
THE MARCH 11TH SUBMISSION STATES THE WOOD WOULD BE STORED IN THE GREENHOUSES.
THE APPLICANT KNOWLEDGE ACKNOWLEDGES THERE ARE CURRENTLY 35 GREENHOUSES ON SITE.
THE TOWN INDICATES THAT BUILDING PERMITS WERE ISSUED FOR ONLY FIVE OF THOSE 35 GREENHOUSES.
THERE APPEARS TO BE INDICATE THAT 30 OF THE 30 OF THE GREENHOUSES WERE CONSTRUCTED ILLEGALLY.
THE BUILDING INSPECTORS PRESENTED PROOF THAT 21 GREENHOUSES WERE VISIBLE ON AERIAL PHOTOGRAPHS IN 1976 AND 27 WERE VISIBLE IN 1990.
IN JUNE 9TH, 2023 SUBMISSION, THE APPLICANT'S ATTORNEY CLAIMED THAT THE GREENHOUSES WERE INSTALLED UNDER THE 1992 BUILDING CODE EXEMPTION FOR GREENHOUSES.
WHILE THE APPLICANT'S ATTORNEY IS CORRECT, THERE WAS A LAW ADOPTED IN 92 THAT EXEMPTED TEMPORARY GREENHOUSES FROM REQUIREMENTS FROM BUILDING PERMITS.
THERE WAS NOTHING IN THE LAW EXECUTIVE 3 72 17 THAT STATED IT WAS RETROACTIVE AND THE LAW SPECIFICALLY STATED THAT IT APPLIED TO TEMPORARY BUILDINGS USED FOR THE CULTURAL AND PROPAGATION OF HORTICULTURAL COMMODITIES TO BE CLEARLY STATED IN NO.
THE LAW STATED IN NO INSTANCE WILL A TEMPORARY GREENHOUSE BE USED FOR RETAIL SALE OF ANY FARM OR NON-FARM PRODUCTS.
IN ADDITION TO THIS, THE LAW STATED QUOTE, TEMPORARY GREENHOUSES ARE NOT EXEMPT FROM LOCAL ZONING REQUIREMENTS.
THUS APPEARS THAT THE APPLICANT HAS BEEN ILLEGAL STORING FIREWOOD IN THESE ILLEGALLY CONSTRUCTED GREENHOUSES.
ANY ZBA DECISION MUST SPECIFY THAT ALL EXISTING BUILDINGS ON THE SITE MUST COMPLY WITH REQUIREMENTS OF THE NEW YORK STATE LAW AND THE TOWN OF GREENBURG CODE.
WHY IS EVERYONE OVERLOOKED? A COMMENT THAT THE APPLICANT'S ATTORNEY MADE IN HER INITIAL 27 23 SUBMISSION, THE FARM STAND AND PR SALES ARE NOW CONDUCTED ON A SEPARATE PROPERTY THAT IS NOT OWNED BY THE APPLICANT.
THIS STATEMENT APPEARS TO INDICATE THAT PROCESSING AND SELLING FIREWOOD AND MULCH AND GROWING A FEW HORTICULTURAL PLANS IN A FEW GREENHOUSES ALWAYS BEEN TAKING PLACE AT FOUR 50 CCO ROAD FOR MORE THAN A DECADE.
IN THE APRIL 27, 23 LETTER AND SUBSEQUENT SUBMISSIONS, THE APPLICANT'S ATTORNEY HAS CLAIMED THAT THE ESTABLISHMENT OF THE FARM AND NURSERY BUSINESS, INCLUDING THE PROCESSING AND SALE OF FIREWOOD AND MOLDS, PREDATED THE APP, THE ADOPTION OF THE ZONING ORDINANCE OF 1957.
THE APPLICANT HAS PRESENTED NO PROOF, NO DOCUMENTS OR PHOTOGRAPHS SUPPORTING THIS CLAIM.
THE APPLICANT'S GRANDPARENTS PURCHASED THE THE 8.899 ACRE PARCEL AT FOUR 50 CCO ROAD ON DECEMBER 12TH, 1955.
USE OF THE LAND AT THAT TIME WOULD'VE BEEN SUBJECT TO THE 1932 BUILDING ZONING ORDINANCE, WHICH DID NOT ALLOW MANUFACTURING OF FIREWOOD AND MULCH OR EVEN COMMERCIALLY ZONED PROPERTIES IN GREENBURG.
IN FACT, THE SEACO ROAD PARCEL COULD NOT EVEN BE USED AS A FARM WHICH REQUIRED A MINIMUM LOT SIZE OF 10 ACRES.
IN FACT, THE SEACO PA PARCEL COULD NOT BE USED BECAUSE OF THAT ACREAGE REQUIREMENT.
ON AUGUST 6TH, THE TOWN ADOPTED THE 1957 ZONING ORDINANCE, WHICH ALLOWED A FARM AND GREENHOUSE GREENHOUSES ON PROPERTIES FIVE ACRES OR GREATER IN SIZE.
BUT A SPECIAL PERMIT WAS REQUIRED FROM THE ZBA TO SELL PRODUCE.
THERE APPEARS TO BE NO RECORD THAT A SPECIAL PERMIT WAS EVER SOUGHT OR ISSUED.
IT WAS EIGHT YEARS LATER IN 1965 BEFORE A PERMIT WAS SOUGHT TO CONSTRUCT THREE GREENHOUSES FOR A TOTAL OF FIVE.
THE SIGNED SURVEY SUBMITTED TO THE TOWN ON AUGUST 1ST, 1965 INDICATED THAT THEY WERE TWO GLASS AND THREE PLASTER GREENHOUSES, BUT MADE NO MENTION OF ANY PROCESSING OF FIREWOOD OR MULCH ON THE SIDE.
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IN THE SEPTEMBER 11TH SUBMISSION, THE APPLICANT'S ATTORNEY NEXT CLAIM THAT FIREWOOD AND MULCH BUSINESS WAS ESTABLISHED YEARS BEFORE THE PROPERTY WAS PURCHASED AT FOUR 50 CCO ROAD.THE ZBA MUST IDENTIFY WHAT SECTION OF THE NEW YORK STATE TOWN LAW OR GREENBERG LAW WOULD ALLOW AN OWNER TO TRANSFER A BUSINESS ABSENTLY OB OBTAINING ON ONE PROPERTY TO ANOTHER PROPERTY.
THE CGCA CAN FIND NO PROVISIONS IN THE 19 32, 19 57 OR THE 1980 ZONING ORDINANCE.
THE APPLICANT ATTORNEY NOW HAS A DIFFERENT CLAIM.
THE FEBRUARY 5TH, 2020 FOURTH SUBMISSION INCLUDED THE STATEMENT INDEED THIS FAMILY OWNED BUSINESS WAS ESTABLISHED 68 YEARS AGO, APPROXIMATELY TWO YEARS BEFORE THE ZONING ORDINANCE WAS ATTENDED TO RECLASSIFY THE PROPERTY IN A ZONING IN A RESIDENTIAL ZONING DISTRICT.
NO PROOF DEMONSTRATING THE VERACITY OF THIS STATEMENT WAS PRESENTED.
ZBEI MEMBERS SHOULD ASK THE TOWN TO PROVIDE A COPY OF THE ZONING MAP TOWN OF GREENBURG PREPARED BY THE PLANNING BOARD IN ZONING COMMISSION DATED FEBRUARY 11TH, 1931, INCLUDING ANY AMENDMENTS SOUGHT NINE THROUGH 1957 TO DETERMINE AND IF AND WHEN THIS PROPERTY WAS ZONED OR RECLASSIFIED IN THE OLD SINGLE FAMILY ZONING DISTRICT.
THE ATTORNEY'S FEBRUARY 5TH, 2024 SUBMISSION ALSO SUGGEST THAT THE ZBA CANNOT MAKE DECISIONS INCONSISTENT WITH THE PRIOR DETERMINATIONS AND MENTIONS THAT USE VARIANCES WERE ISSUED FOR OTHER NURSERIES WHERE THE SALE OF ITEMS WERE NOT GROWN ON THE NURSERY SITES WERE PERMITTED.
SUCH ITEMS INCLUDE BUT NOT LIMITED TO FIREWOOD, MULCH TOPSOIL.
THE ZBA MUST NOT MAKE AN INCONSISTENT DETERMINATION, BUT PLEASE REVIEW THE CDA DECISION RENDERED IN CASE 20 20 22 DASH OH FOUR.
CONTRARY TO WHAT THE APPLICANT SUBMISSION STATES, THE WORD FIREWOOD IS NOT IN THE TRANSCRIPT SHE SUBMITTED REGARDING THE CASE 2020 FOURTH DECISION, THE ONLY MENTION OF FIREWOOD IN A PREVIOUS DECISION IN CASE 10 DASH FIVE STATED THAT THE WESTCHESTER GREENHOUSES ON WEST T ON WEST HARTSDALE AVENUE WERE GRANTED PERMISSION TO QUOTE, SELL SMALL HANDHELD BUNDLES OF FIREWOOD INSIDE THE STORE AND UP TO PLACE UP TO THREE PALLETS OF STACK FIREWOOD OUTSIDE AS A DISPLAY.
THE APPLICANT IS NOT CURRENTLY ASKING TO SELL SMALL HAND BUNDLES, BUT RATHER CORDS OF FIREWOOD WHERE, WHICH MEANS STACKS OF FIREWOOD APPROXIMATELY FOUR FEET OR FOUR FEET WIDE BY EIGHT FEET LONG.
NO HUMAN BEING CAN CARRY A CORD OF FIREWOOD OR LOAD IT INTO A TRUNK OR OF A CAR.
IF THE ZBA WERE TO GRANT THIS USE VARIANCE REQUEST, IT SHOULD PROVIDE AN ESTIMATE OF HOW MANY THOUSANDS OF TRUCKS WILL BE DELIVERING GOODS OF FIREWOOD AND CUBIC YARDS OF MULCH FOR STORAGE AT THE SEA COURT ROAD SITE AND HOW MANY THOUSANDS OF TRUCKS WILL BE DELIVERING THESE ITEMS TO INDIVIDUAL PURCHASES OVER THE NEXT 10 YEARS.
WHEN DID THE PROCESSING AND SALE OF FIREWOOD AND MULCH ACTUALLY BEGIN? THE ZBA HAS ALREADY DETERMINED THAT THE PROCESSING AND SALE OF FIREWOOD AND MULCH WAS ILLEGAL USE OF THE SITE.
THE NEXT DECISION RENDERED BY THE ZBA SHOULD INCLUDE THE TRUTH ABOUT WHEN THE OPERATIONS BEGAN.
THE ZBA DECISION MUST INDICATE WHETHER OR NOT IT BELIEVES THE TESTIMONY OF RESIDENTS WHO LIVED IN THE AREA FOR DECADES.
BUT WHO CAN RECALL NO DELIVERY OF LOGS OR FIRE OF SALE OF FIREWOOD AND MULCHED THE SITE UNTIL ABOUT 15 YEARS AGO? WHY WERE THEY LYING? THIS INCLUDES STATEMENTS MADE BY ZBA MEMBER DIANE OBERLY.
THE ZBA DECISION MUST STATE THAT THE APPLICANT'S FAMILY DID NOT ACQUIRE THE 3.6 ACRE PARCEL ON WHICH THE MULCH, WHICH THE WOOD AND MULCH PROCESSING OPERATION TOOK PLACE IN DECEMBER 27TH, 1984.
THE CBA DECISION SHOULD NOTE THERE WAS NO MENTION OF A PLAN TO SELL FIREWOOD AT THE WESTCHESTER GREENHOUSE STORE ON THE WEST HARTSDALE AVENUE OR AT THE CCO FOUR 50 CCO ROAD IN THE ZBA CASE 91 DASH 24 ZBA CASE 95 0 6 AND ZB EIGHT CASE OH 8 25.
RESIDENTS HAVE ATTESTED TO THE FACT THAT OTHER PRODUCTS HARVESTED FROM THE SEACO ROAD SITE WAS SOLD AT THIS STORE.
INTERESTING PERMISSION WAS GRANTED BY ZBA CASE 95 DASH OH SIX TO SELL QUOTE BAG SOIL ORIGINALLY SOLELY FROM PREMISES OWNED BY THE APPLICANT.
THE CBA SHOULD INCLUDE AN EXPLANATION OF WHY THE OWNER OF THE SEQUEL ROAD SOUGHT A USE VARIANCE IN THE CBA CASE OH NINE 10 TO DELIVER WOOD DELIVERY OF WOOD FOR THE USE IN GREENHOUSE FURNACES.
IT APPEARS UTTER NONSENSE TO SEEK PERMISSION FOR DELIVERY OF A PRODUCT IF ONE HAS BEEN PRODUCING THAT PRODUCT.
FIREWOOD ON THE SITE FOR 54 YEARS.
NOTE THE APPLICANT WAS DRAWN TO THE ZBA OCTOBER 15TH, 2020 OH NINE MEETING.
[00:30:01]
WAS ONLY AFTER THIS APPLICATION WAS WITHDRAWN THAT NEIGHBORS NOTICE TRUCKS BRINGING TRICKS TREES TO THE SITE AND SHOPPING AND GRINDING OPERATION TAKING PLACE.THE ZBA DECISION SHOULD INCLUDE AN EXPLANATION OF WHY THE OWNERS OF THE PROPERTY WAITED UNTIL 20 10 15 55 YEARS AFTER THE FAMILY PURCHASED THE PROPERTY AT FOUR 50 SECOUR ROAD AND 15 YEARS AFTER IT OBTAINED PERMISSION TO SELL BAG SOIL TO SEEK PERMISSION TO QUOTE, SELL SMALL HAND BUNDLES OF FIRE WITH INSIDE THE STORE ON WEST HARTSDALE AVENUE ZBA CASE 10 DASH FIVE AS NOTED ABOVE ANY ZBA DECISION MUST ADDRESS WHAT IS THE DIFFERENCE BETWEEN FIREWOOD AND FIREWOOD LOGS.
THIS DECISION SHOULD ADDRESS THE WORDING OBTAINED IN THE ATTORNEY'S MARCH 11TH, 2024 SUBMISSION WITH THE, WITH THE STATES.
THE HOR USE OF THE PROPERTY IS EXISTING NON-CONFORMING.
THIS DECISION MUST EXPLAIN HOW THIS MEETS THE DEFINITION OF NON-CONFORMING USE IN THE 2 85 DASH FIVE OF THE GREENBERG ZONING ORDINANCE.
IT'S TIME TO RENDER A DECISION IN THIS CASE, THE OPERATION OF COMMERCIALLY STORING AND SELLING FIREWOOD AND MULCH THAT THE APPLICANT IS SEEKING TO CONTINUE ON THIS PROPERTY ZONE RESIDENTIAL WOULD NOT BE PERMITTED IN MOST OF GREENHOUSE GREENBERG'S COMMERCIAL ZONING DISTRICTS VARIANCES RUN WITH THE LAND.
THERE IS NO PRECEDENT FOR GRANTING A VARIANCE THAT WOULD EXPIRE IN 10 YEARS.
THE TOWN DOES NOT HAVE THE RESOURCES TO MONITOR COMPLIANCE WITH THE PHASE OF THIS OPERATION.
IMPORTANTLY, THE APPLICANT HAS NOT PRESENTED THE FINANCIAL OPERATION INFORMATION REQUIRED TO ATTAIN A USE VARIANCE.
THEREFORE, THE ZBA CANNOT GRANT A USE VARIANCE.
THE CGCA, THE COUNCIL OF GREENBERG CIVIC ASSOCIATIONS URGES THE ZBA NOT TO UNDERMINE GREENBERG'S RESIDENTIAL DISTRICTS.
THE APPLICATION SHOULD BE DENIED LY MADELINE.
ANYONE ELSE? YES, I, UM, MEMBERS OF THE ZONING BOARD OF APPEALS.
HELLO, UH, I'M DYLAN PINE, A RESIDENT OF EDGEMONT AND I'M PRESIDENT OF THE EDGEMONT COMMUNITY COUNCIL.
UH, THIS IS MY FIRST TIME IN FRONT OF THE ZONING BOARD OF APPEALS.
IT'S NICE TO MEET YOU ALL AND I APPRECIATE THE OPPORTUNITY TO SPEAK.
UH, I'M HERE THIS EVENING TO CONCUR WITH THE CONCERNS JUST SHARED BY DOREEN LIPSON OF THE COUNCIL OF GREENBURG CIVIC ASSOCIATIONS.
UH, NEW YORK STATE LAW SECTION, UH, 2 67 DASH B SUBSECTION TWO SPECIFIES THAT APPLICANTS SEEKING A USE VARIANCE ARE REQUIRED TO DEMONSTRATE THE APPLICATION, UH, APPLICABLE ZONING REGULATIONS AND RESTRICTIONS HAVE CAUSED UNNECESSARY HARDSHIP.
IN ORDER TO PROVE SUCH A NECESSARY HARDSHIP, THE APPLICANT SHALL DEMONSTRATE TO THE BOARD OF APPEALS THAT EACH AND EVERY PERMITTED USE UNDER THE ZONING REGULATIONS FOR THE PARTICULAR DISTRICT WHERE THE PROPERTY IS LOCATED.
ONE, UH, THE APPLICANT CANNOT REALIZE A REASONABLE RETURN PROVIDED THAT LACK OF THE RETURN IS SUBSTANTIAL AS DEMONSTRATED BY COMPETENT FINANCIAL EVIDENCE.
UH, TWO, THAT THE ALLEGED HARDSHIP RELATED TO THE PROPERTY IN QUESTION IS UNIQUE AND DOES NOT APPLY TO A SUBSTANTIAL PORTION OF THE DISTRICT OR NEIGHBORHOOD.
THREE, UH, THAT THE REQUESTED USE VARIANCE IF GRANTED, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD.
AND FOUR, THAT THE ALLEGED HARDSHIP HAS NOT BEEN SELF-CREATED.
UH, AS JUST EXPLAINED, AT THIS TIME, THE APPLICANT HAS NOT SATISFIED THESE FOUR REQUIREMENTS AND AFTER EIGHT, ADJOURNMENTS SEEMS UNABLE TO DO SO.
THE EDGEMONT COMMUNITY COUNCIL IS CONCERNED THAT IF THE APPLICANT RECEIVES THE USE VARIANCE, DESPITE NOT DEMONSTRATING THAT THEY SATISFY THE NECESSARY REQUIREMENTS, EVERY FUTURE APPLICANT IN FRONT OF THIS BOARD WILL DEMAND THE SAME LAX APPLICATION OF THE LAW RENDERING THE GREENBERG ZONING CODE IN EVERY CORNER OF THE TOWN, EFFECTIVELY USELESS TO THIS END.
THE ECC JOINS THE COUNCIL OF GREENBURG CIVIC ASSOCIATIONS, UH, IN URGING THE ZBA NOT TO UNDERMINE GREENBURG'S RESIDENTIAL NEIGHBORHOODS AND REQUESTS THAT THIS APPLICATION BE DENIED.
WORDS FROM THE APPLICANT? YES, TONY AVILA.
UM, RARELY THAT YOU SEE ME STANDING HERE 'CAUSE I HAVE A HARD TIME EXPRESSING MYSELF.
UM, IT'S, IT'S ALL, UH, UM, FAIR POINTS.
UM, AS THE GENTLEMAN SAID, FIRE WOULD DIS FADE IN A WAY.
IT'S NOT A BUSINESS ANYBODY ELSE WANTS TO DO.
AND THE ONLY REASON WHY FIRE WOULD USED TO BE, WHAT IS IT, 10% MAYBE FROM 1950S.
AND, UH, PLANS USED TO BE THE 90, 90%, UM, BIG STORES CAM TOOK AWAY EVERYTHING
[00:35:01]
AS IS HAPPENING TO OTHER, UH, NURSERIES.UM, YEAH, WE CAN'T SIT HERE AND SAY, AND CLAIM THAT WE, UM, WE'LL BE ON THE STREET IF, UH, YOU DON'T LET ALLOW US TO SELL FIREWOOD.
UM, WE IS ASKING TO CONSIDER, UM, YOU KNOW, IT'S, UM, IT'S UNFAIR TO SAY THAT THIS NURSERY, NURSERY SHOULD BE COMPARED TO OTHER NURSERIES.
IT'S BEEN DONE FOR YEARS AND YEARS AND YEARS.
IT'S NOT SOMETHING WE STARTED A YEAR AGO.
THERE'S PEOPLE THAT CAN STAND BACK, UH, BEHIND WHAT I SAID.
UM, I DON'T KNOW WHAT ELSE TO SAY.
ACT ACTUALLY, BEFORE YOU SIT DOWN, I DO WANNA ASK ONE SMALL QUESTION AGAIN.
IT DID COME UP JUST BASED IN CONVERSATION JUST NOW.
THE WOOD THAT'S COMING IN, WILL THAT BE KILN DRIED OR IT'S JUST GONNA BE RAW WOOD? IT IS NOT.
WE DON'T, WE DON'T DO KILN DRIVE.
WE DRY AND, UH, THE DC CDC, UM, REGULATIONS ARE NO FIRE WOOD SHOULD OR NO WOOD SHOULD BE TRANSPORTED FURTHER THAN 50 MILES, WHICH HAS NEVER BEEN DONE.
ALL UM, THREE COMPANIES THAT USED TO BRING THE THE WOOD ARE TREE COMPANIES THAT CUT DOWN, CUT DOWN TREES IN THE NEIGHBORHOOD.
MY, MY OWN NEIGHBORS, I BELIEVE HAVE DONE, HAVE DONE, UM, YOU KNOW, HAVE CUT DOWN TREES IN THEIR, THEIR BACKYARD AND, UH, HAVE BROUGHT IT TO A, UH, PLACE.
SO, UM, ANOTHER THING I LOVE THE, UM, GOD, I FORGOT.
WHO IS NOW FOR, UH, SAVING THE PLANET? UM, HONESTLY, I BELIEVE IN COLLECTING EVERY SINGLE PLASTIC THAT PEOPLE JUST TO ON THE STREET.
I, YOU KNOW, IF IT WASN'T FOR MY WIFE, MANY TIMES I WILL ALMOST GET OUTTA MY CAR AND, UH, SET A FIGHT WITH SOMEBODY THAT TO IS A PIECE OF PLASTIC OFF THE, UH, THE WINDOW SHIELD, THE WINDOW, THE WINDOW, THE CAR WINDOW.
UM, I, YOU KNOW, I HATE WHEN I SEE PEOPLE SMOKING, TOSS 'EM OUT.
I MEAN, THAT'S, TO ME, THAT'S, UH, THAT'S, UH, POLLUTING.
UM, I CAN GO ON WITH THINGS THAT ARE REALLY POLLUTING THE, UH, THE, UH, THE ENVIRONMENT.
AND, UM, I, I USED, I, I USED TO LOVE, UH, HISTORY.
SO I, I REMEMBER, YOU KNOW, BACK IN THE DAYS, THAT WAS THE ONLY WAY WE USED TO HEAT UP OUR OURSELVES FIREWOOD.
THERE'S BEEN PEOPLE THAT WE, UH, MYSELF, DELIVERED TO IN TIMES WHEN, UH, CINDY, CINDY AND ANY OF THE, THE STORMS, THEY LOST POWERS FOR, UH, THEY LOST POWER FOR A WEEK.
UM, THEY USED TO CALL ME SANTA 'CAUSE UH, THE RED BAGS.
UM, AND THEY, UH, THEY LIKE WERE SO HAPPY TO, TO SEMI ME COME WITH THE, UH, THE FIREWOOD 'CAUSE, UM, LITERALLY HAD NOTHING ELSE TO HEAT UP THEIR HOMES WITH.
UM, YEAH, THERE IS PEOPLE NOWADAYS, UH, MOST PEOPLE DO HAVE A GENERATOR.
'CAUSE I, I KNOW IF I DIDN'T WORK MY, IF I, IF I DIDN'T WORK, YOU KNOW, 15 HOURS A DAY, I PROBABLY WOULDN'T HAVE IT MYSELF.
SO, UM, THEY, UM, THE, JUST THEIR, THEIR FACES AND, AND THEIR WAY, THEY, THEY, UH, EXPRESSED IT TO ME.
UM, YOU KNOW, WITHOUT YOU, MY POSTURE WOULD'VE FROST WITHOUT YOU, MY, MY BABY WOULDN'T BE ABLE TO SIT RIGHT NEXT TO THE FIRE FOR, FOR A FEW MINUTES TO, TO WARM UP.
UM, TO ME THAT WAS, THAT WAS SPECIAL.
UM, AGAIN, I, I, MR. ADDIE, ADDIE, I, AGAIN, I LOVE, I LOVE THE WAY YOU'RE TRYING TO SAVE THE, THE PLANET, BUT I, I THINK WE NEED TO FOCUS ON THE REAL THINGS.
AND, UH, JUST, JUST, UM, YOU KNOW, AGAIN, IF FIREWOOD BUSINESS, UH, WAS PHENOMENAL, BELIEVE ME, A LOT OF PEOPLE WILL BE DOING IT.
I KNOW HOME DEPOT HAS PLENTY SPACE, BUT THEY DON'T DO IT BECAUSE IT IS NOT EASY.
YOU NEED TO PUT A LOT OF TIME INTO AND YOU DON'T MAKE MONEY.
I MEAN, WE WERE ABLE TO SAVE THE BUSINESS AND, UH,
[00:40:01]
BETWEEN THE PLANS, THE, I'M SORRY, THE PLANS, THE FIREWOOD HAS BEEN, IS BEEN, IT IS BEEN.I, I MEAN, MY, MY NEIGHBOR, UM, MR. UH, UM, UM, IF ANYBODY WAS TO COMPLAIN ABOUT WHAT WAS GOING ON BACK THERE, UH, YOU KNOW, 10, UH, 15 YEARS AGO WILL BE HIM BECAUSE I, I'LL BE UP THERE UP UNTIL LIKE EIGHT, NINE O'CLOCK SOMETIMES WITH THE, WITH THE, WITH THE EXCAVATOR CRACKING THOSE, THOSE LOGS.
AND, UH, NOT EVEN THINKING, I MEAN, NOBODY I KNEW IF HE CAME AND SAY, LOOK, TONY, YOU, YOU DON'T THINK THIS IS A LITTLE TOO MUCH, I WOULD'VE STOPPED.
I MEAN, JUST LIKE I, THE SMOKE, UH, I NEVER KNEW THAT THAT WAS REALLY A BIG PROBLEM IN THE NEIGHBORHOOD.
I MEAN, I, I LIVE RIGHT THERE.
I BURN, UH, AND I, I BREATHE THE SMOKE.
UM, IT WASN'T UNTIL, UH, MRS. MORTY STAND HERE AND, AND, AND, AND, AND WE ACTUALLY WENT TO HER DEAD HOUSE.
AND, UH, AND THEY, THEY EXPRESSED THEIR CONCERNS WITH LIKE, THAT'S IT.
WE SHUTTING THOSE THINGS DOWN UNTIL WE FIGURED OUT A BETTER WAY TO HEAT UP THOSE GREENHOUSES.
SO, UM, I, UH, YOU KNOW, AGAIN, BACK TO THE, UH, 15 HOUR DAY, UM, IT WAS A TIME WHEN MY WIFE, I MEAN, THIS IS SOME DAYS I, UH, MAYBE ONE, ONE SUNDAY, MR. I, ONE SUNDAY.
UM, BUT YEAH, MY, MY WIFE, UH, CAME TO, UH, TO THE POINT WHERE SHE, SHE SAY, YOU NEED TO CHOOSE YOUR, YOUR, YOUR JOB OR, OR YOUR FAMILY.
SO, UM, IT WAS PRETTY, PRETTY CLEAR TO ME WHAT, UH, WHAT I HAD TO DECIDE FOR.
SO, UM, I RESPECT ALL OF YOU FOR SITTING HERE AND LISTENING TO, UH, UH, TIMES I, I THINK IS NONSENSE.
UM, AND, UH, AND APOLOGIES FOR, FOR HOW EVERYTHING WENT THE LAST TIME.
AND, UH, AND I, UM, I REALLY HAVE, UH, A RESPECT FOR, UH, FOR, UH, MRS. WILS.
I JUST WISH THAT, THAT, UH, UH, AS A PRESIDENT, SHE SHOULD, UM, YOU KNOW, SPEAK TO THE WHOLE COMMUNITY AND NOT JUST TO CERTAIN PEOPLE THAT, THAT, THAT SHE, UH, WHATEVER HER REASONS ARE.
THANK, I JUST WANNA THANK YOU ALL FOR YOUR PATIENCE WITH OUR CASE, UH, AND GIVING US ALL THE TIME THAT YOU HAVE.
AND I JUST WANNA BRING BACK TO THE POINT THAT, UM, YOU KNOW, IT'S MORE THAN JUST A PROPERTY FOR US.
IT'S THE LIVELIHOOD FOR BOTH MY HUSBAND AND I.
AND IT IS ACTUALLY THE ONLY LIVELIHOOD THAT I'VE KNOWN FROM MY WHOLE LIFE.
UM, AND, UM, I JUST HOPE THAT YOU CONSIDER IT INTO YOUR DECISION.
AND, UM, I HOPE THAT YOU GUYS GET TO A DECISION THIS EVENING.
CAN I MAKE A STATEMENT QUICKLY? PLEASE.
I'M A GREENER GREENBERG RESIDENT.
I JUST WANT TO CLARIFY WHAT THAT GENTLEMAN OVER THERE WAS SAYING ABOUT THE POLLUTION.
IT, I'VE BEEN SAVED BY THESE PEOPLE WHEN THE STORMS. AND I HAVE A 93-YEAR-OLD, UH, MOTHER-IN-LAW, LIVING WITH ME.
UM, AND IT TRULY IS A BLESSING TO HAVE, YOU KNOW, HEAT IN A HOUSE.
BUT I WANT TO GO BACK TO WHAT HE SAID ABOUT THE POLLUTION.
I HAVE A CATALYTIC CONVERTER IN THE WOOD STOVE.
IT REPROCESSES EVERYTHING INSIDE.
AND YOU DON'T SEE THE SMOKE COME OUT, YOU DON'T, NOTHING WOULD COME OUT.
IT'S ALL PROCESSED IN THIS CATALYTIC CONVERTER.
I DON'T KNOW IF HE'S AWARE OF THAT, BUT I'VE BEEN AROUND FOR, FOR YEARS.
UM, I'VE HAD IT FOR SINCE 1997.
UM, AND THAT, THAT'S ALL I JUST WANTED TO SAY.
AND I REALLY, I WAS A, I HAD SMALL BUSINESS IN GREENBURG FOR, UH, 15 YEARS, AND I KNOW WHAT IT'S LIKE TO BE SHUT OUT FROM THE BOX STORES.
AND THE PROPERTIES, UM, ALONG THE DIRT, THE TRASH.
MY DRIVEWAY HAPPENS TO BE ON SAWMILL AND EVERY DAY, THE TRASH.
I KNOW ALL THE GUYS, AND THEY WERE JUST OUT THERE.
THEY JUST CLEANED FIVE DAYS AGO.
[00:45:01]
AND I COME HOME YESTERDAY.THERE'S BOTTLES, THERE'S PEOPLE JUST THROW BAGS LIKE IN MY DRIVEWAY.
TAKE A LOOK AT ALL THAT GO THERE, THAT, THAT'S, YOU KNOW, IT'S, IT'S A SHAME.
SO I JUST REALLY HOPE YOU RESPECT THEIR SITUATION.
ALRIGHT, ANYTHING ELSE? NO, MA'AM.
HOW DID I LOSE MY AGENDA? I KEEP LOSING IT.
TWO BLUEBERRY HILL ROAD, PLEASE.
UH, GOOD EVENING, MADAM CHAIR.
LADIES AND GENTLEMEN OF THE BOARD.
I'M THE PROJECT ENGINEER FOR, UH, ELIZABETH LEE RENOVATION.
WE WE'RE HAVING DIFFICULTY HEARING EVERYTHING THAT YOU'RE SAYING.
UH, TRY TO GET CLOSER TO IT, I GUESS.
CAN YOU HEAR ME ANY BETTER NOW? IT'S A LITTLE BETTER.
ALL RIGHT, WELL, I'LL START OVER AGAIN.
I'M THE PROJECT ENGINEER FOR JUSTIN AND ELIZABETH LEE, WHO OWNED THE PROPERTY AT TWO BLUEBERRY HILL ROAD.
YOU'RE GOING, YOU'RE GOING VERY FAST.
WE HAVE A STENOGRAPHER HERE TRYING TO TAKE IT DOWN.
AND IT'S A, IT'S A LITTLE DISTORTED, SO JUST SLOW DOWN SOME.
UH, I BELIEVE ALSO, UH, TAKAKI KATA, THE PROJECT ARCHITECT IS ALSO ON ZOOM, AND IT, I BELIEVE THE LEADS THEMSELVES ARE IN, UH, IN THE, UH, BUILDING THERE IN ATTENDANCE.
THEY'RE HERE AND, OKAY, VERY GOOD.
AND I'M GONNA SHARE MY SCREEN.
I'M GONNA GO AHEAD AND CLICK SHARE.
UH, PLEASE LET ME KNOW IF YOU CAN SEE THAT.
SO, UH, AGAIN, WE'RE HERE TO DISCUSS THE TWO BLUEBERRY HILL ROAD PROJECTS.
AND WE WERE, UH, BEFORE THE BOARD TWICE BEFORE THE LAST TIME BEING IN JANUARY, AT WHICH TIME, UH, THE BOARD MADE SOME RECOMMENDATIONS TO US AND THE CASE WAS ADJOURNED.
UH, SO I'LL GO THROUGH, UH, JUST TO GIVE EVERYBODY AN OVERVIEW, UH, TO REFRESH YOUR MEMORY OF WHAT THE PROJECT ENTAILS.
IT IS THE CORNER LOT ON BLUEBERRY HILL ROAD AND MOUNTAIN ROAD.
UH, THE GRAY RIGHT HERE IS THE EXISTING HOUSE, AND THE PROPERTY IS DOMINATED BY THE POND.
A VERY BEAUTIFUL NATURAL FEATURE THAT THE OWNERS OF THE HOUSE, THE REASON THEY BOUGHT THE HOUSE, ACTUALLY, THEY LOVE THE VIEWS OF THE POND.
AND THE GOAL OF THE PROJECT IS TO CONSTRUCT A GARAGE, UH, SO THAT THE OWNERS HAVE THE ABILITY TO, UH, STORE THEIR VEHICLES INDOORS DURING THE WINTER.
AND ALSO THEY WANT TO CONSTRUCT SOME NEW LIVING SPACE ON A SECOND FLOOR UP HERE.
AND, UH, AGAIN, THE, THE FAMILY HAS SOME YOUNG CHILDREN, SO THEY WOULD LIKE THE ADDITIONAL SPACE, AND THEY WOULD LIKE THE ABILITY TO UNLOAD THEIR A VEHICLES, PARTICULARLY IN THE WINTER TIME.
UH, THERE IS A STEEP DRIVEWAY HERE, WHICH IS NECESSITATES THE GARAGE BEING AT THE BOTTOM OF THE HILL.
AND, UH, ONE ARCHITECTURAL DETAIL THAT I THINK IS REALLY NICE ABOUT THIS PROJECT IS THE BREEZEWAY RIGHT HERE.
SO THE GARAGE IS GONNA BE SET BACK FROM THE HOUSE A LITTLE BIT, AND PEOPLE ON BLUEBERRY HILL ROAD WOULD BE ABLE TO SEE THE POND, UH, THROUGH THAT BREEZEWAY.
SO IT WOULD BREAK UP THE ARCHITECTURAL.
UH, YOU WOULDN'T HAVE THIS SOLID ARCHITECTURAL MASS THERE.
UH, THE REASON WE HAD TO APPEAR BEFORE THE ZBA IS BECAUSE, UH, PRIMARILY BECAUSE OF THE SIDE SETBACK RIGHT HERE FOR THE NEW GARAGE.
UH, THE EXISTING DRIVEWAY IS RIGHT ALONG THE PROPERTY LINE.
UH, AND BECAUSE OF THE LOCATION OF THE EXISTING DRIVEWAY, THE GARAGE BY NECESSITY HAS TO GO AT THE BOTTOM OF THE DRIVEWAY.
UH, SO THAT'S WHAT TRIGGERED OUR APPEARANCE BEFORE THE BOARD.
UH, AT THE JANUARY MEETING, THE BOARD ASKED US TO CONSIDER, UH, POSSIBLE RECONFIGURATIONS OF THE PROJECT THAT WOULD REDUCE THE AMOUNT OF VARIANCES THAT WERE REQUIRED.
UH, WE HAVE LOOKED INTO THIS AND WE HAVE, UH, DECIDED TO INCORPORATE THE BOARD'S RECOMMENDATIONS.
AND WE HAVE, UH, WELL, LET ME, I'M GETTING A LITTLE BIT AHEAD OF MYSELF.
LET ME JUST SHOW YOU A PICTURE'S WORTH A THOUSAND WORDS.
UH, THIS IS THE EXISTING DRIVEWAY.
THIS IS THE EXISTING HOUSE RIGHT HERE.
UH, THE STONE WALL IS FOR ALL INTENTS AND PURPOSES, THE PROPERTY LINE.
SO YOU CAN SEE THE EXISTING DRIVEWAY IS RIGHT AGAINST THE PROPERTY
[00:50:01]
LINE.AND BECAUSE IT'S A LITTLE DECEPTIVE IN THIS PHOTOGRAPH, UH, BUT THIS HILL IS FAIRLY STEEP.
UH, THE GARAGE WOULD HAVE TO GO EFFECTIVELY WHERE THE RED CAR IS IN A PHOTOGRAPH BECAUSE OF YOU JUST COULD NOT MOVE THE GARAGE TO ANY OTHER LOCATION AND STILL HAVE IT PRACTICAL TO ACCESS THE GARAGE FROM THE STREET.
UH, SO THIS IS, AGAIN, A RENDERING OF THE PROPOSED PROJECT.
AGAIN, YOU WOULD SEE THE GARAGE AT THE BASE OF THE DRIVEWAY SO THAT IT WOULD BE EASILY ACCESSIBLE BY BILLABLE, ENTERING AND EXITING THE DRIVEWAY.
ADDITIONAL LIVING SPACE ABOVE.
AND THIS WAS AT BREEZEWAY I WAS REFERRING TO, SAID IT DOESN'T LOOK LIKE THERE'S JUST A BIG MASS BUILDING THERE.
SO, UH, WE WERE ORIGINALLY BEFORE THE BOARD FOR FIVE VARIANCES, AND WE HAVE RECONFIGURED, UH, THE PROJECT.
UH, WE'VE CONCEDED THAT POINT AND WE HAVE, UH, INCORPORATED THE BOARD'S RECOMMENDATIONS.
UH, WE, UH, ADJUSTED THE SIZE OF THE GARAGE A LITTLE BIT, AND WHAT THAT ALLOWED US TO DO IS TO COMPLETELY ELIMINATE TWO OF THE VARIANCE REQUESTS.
SO WE'RE NOW ONLY HERE FOR THREE OF THE ORIGINAL FIVE REQUESTS.
THE DRIVEWAY SETBACK THERE, THIS IS WHAT I REFERRED TO EARLIER.
THE EXISTING, UH, SETBACK WAS ZERO FEET.
SO THAT IS A, UH, THAT'S AN EXISTING NON-CONFORMANCE.
THERE IS NOTHING WE CAN DO ABOUT THAT.
UH, THERE WAS ALSO AN EXISTING NON-CONFORMANCE FOR THE, UH, EXCUSE ME.
UM, AS, AS IT WAS THE, UM, THE FRONT YARD SETBACK AND THE SIDE YARD SETBACK ARE NOW REALLY THE ONLY ONES THAT WE NEED TO ASK FOR.
AND WE HAVE ALSO REDUCED THOSE AS WELL, SO THAT WE HAVE MITIGATED, UH, THE EFFECT OF THE PROJECT.
UH, HOW HAVE WE DONE THAT? I THINK THAT'S BEST SHOWN BY THIS DRAWING RIGHT HERE THAT THE COCKY PUT TOGETHER.
UH, THIS WAS THE ORIGINAL IN THE RED RIGHT HERE.
THIS WAS THE ORIGINAL FOOTPRINT OF THE GARAGE.
WE HAVE REDUCED THE SIZE OF THE GARAGE.
UH, IT IS NOT AS MUCH SPACE AS THE FAMILY WANTED.
UH, WE ARE NOW AT 22 FEET WIDE, WHICH IS, I THINK THE BARE MINIMUM FOR TWO MODERN BILLABLES.
UH, AND TO BE ABLE TO OPEN THE DOORS WITHOUT HITTING, UH, THE ADJACENT BILLABLE.
UH, BUT BY DOING SO, AS YOU CAN SEE, THE RED LINE HERE WAS THE ORIGINAL PROPOSAL.
AND WE HAVE REDUCED THE SIZE OF THE GARAGE TO GAIN TWO MORE FEET HERE.
THAT HAS ELIMINATED TWO OF THE VARIANCES AND MITIGATED TWO OF THE OTHER ONES.
SO THAT IS WHAT, HOW WE RESPONDED TO THE BOARD'S COMMENTS.
UH, THIS IS JUST SHOWING YOU ON THE SITE PLAN KIND OF THE SAME CONCEPT.
AGAIN, THIS IS THE EXISTING BUILDING.
THIS IS THE NEW BUILDING UP HERE.
WE PULLED IT IN FROM THE, UH, THE SIDE PROPERTY LINE, UH, TO INCREASE THIS SIDE SETBACK AND TO ELIMINATE, UH, TWO OF THE VARIANCE REQUESTS FOR THE STAIRS AND FOR THE DECK.
UH, SO I BELIEVE THAT IS AS MUCH AS WE ARE ABLE TO MOVE THE GARAGE AND STILL BE ABLE TO HAVE A SAFE ACCESS TO THE, TO THE BLUEBERRY HILL ROAD.
UM, AND THE ONLY FINAL THING I WOULD LIKE TO MENTION IS THAT THIS PROJECT DOES HAVE COMMUNITY SUPPORT.
THE BOARD IS IN RECEIPT OF A LETTER, UH, FROM THE ADJACENT NEIGHBORS.
UH, THIS FOUR BLUEBERRY HILL ROAD IS THE PROPERTY IMMEDIATELY ADJACENT TO THEM TO THE NORTH.
SO THEY WOULD BE THE ONES MOST IMPACTED BY THE CONSTRUCTION.
UH, AND FOR THE NEW GARAGE, THEY'RE IN FULL SUPPORT OF THE PROJECT.
AND AS YOU CAN SEE, WE HAVE INCLUDED THIS PHOTOGRAPH, WHICH WE HAVE SENT YOU BEFORE, UH, WHICH SHOWS THAT THE, UH, NEIGHBORS TO THE NORTH HAVE A VERY SIMILAR SETUP WITH A TWO CAR GARAGE, UH, SET BACK FROM THEIR, UH, MAIN DWELLING WITH A BREEZEWAY IN BETWEEN.
UH, SO IN CONCLUSION, UH, A, A AGAIN, WE HAVE, UH, CONSIDERED THE BOARD'S REQUEST.
UH, WE BELIEVE WE HAVE ACCOMMODATED THE REQUEST AND COMPLIED WITH YOUR DIRECTION.
AND, UH, WE, WE THINK, UH, THE PROJECT WE ARE PRESENTING TO THE BOARD NOW, UH, HAS NO SUBSTANTIAL EFFECT UPON THE COMMUNITY, AND IT WOULD GREATLY HELP THE FAMILY, AND IT IS WITHIN THEIR RIGHTS IN THE RESIDENTIAL BUSINESS BEHALF OF THE GARAGE.
UH, SO WITH THAT, ARE THERE ANY QUESTIONS? I, I DO, UM, LOOKING AT THE PLANS AND LOOKING AT YOUR COMPARISON TO THE NEIGHBORHOOD IN THE ORIGINAL SET OF PLANS THAT YOU SUBMITTED TO US, THE STRUCTURE BEING BUILT WAS A ONE FLOOR, ONE STORY GARAGE, AND THEN THERE WAS, ABOVE IT, THERE WAS A SMALL OFFICE AREA, AND THE REST OF IT WAS AN OPEN, UM, DECK.
UH, THAT'S PROBABLY THE WRONG WORD, BUT, UH, IT WAS NOT A BUILT SPACE IN YOUR NEW PLAN, WHILE IT'S TWO INCHES FURTHER AWAY FROM THE PROPERTY LINE, TWO FEET, TWO FEET FROM TWO, TWO FEET, I'M SO SORRY.
TWO FEET FROM THE PROPERTY LINE.
[00:55:01]
A, THE ENTIRE SPACE EXCEPT FOR A SMALL VERANDA WITH A COFFEE TABLE AND CHAIR, UM, IS NOW A WHOLE MASTER BEDROOM SUITE.UH, SO THE OPEN AIR AREA IS NOW A, A FULL SECOND FLOOR WITH, I THINK FROM THE DRAWING YOU JUST SHOWED US WITH A POINTED ROOF.
SO, AND IT'S, UM, NOW SOMETHING OVER 27 FEET TALL.
UM, SO THE STRUCTURE, AND YOU COMPARED IT TO THE ONE STORY LITTLE GARAGE NEXT DOOR.
THIS IS A BIG ADDITION TO THE HOUSE NOW, IS IT NOT? I DON'T THINK IT'S A BIG ADDITION TO THE HOUSE.
WE DO COMPLY WITH ALL ZONING REGULATIONS FOR THAT.
UH, AS FAR AS THE, THE FOOTPRINT OF THE BUILDING, UH, IT, IT'S ACTUALLY REDUCED FROM OUR ORIGINAL SUBMISSION.
UH, SO, AND FROM, BUT IT, SO FROM THAT PERSPECTIVE, UH, THE, THE REALLY TO THE POINTS THAT THE ZONING BOARD WOULD BE INTERESTED IN, UH, THE, THE FOOTPRINT HAS BEEN REDUCED AND WE HAVE REDUCED THE NEED FOR VARIANCE.
SO THE INTERNAL CONFIGURATION OF THE BUILDING, UH, IS, IS REALLY, I, I I DON'T THINK IT'S REALLY PERTINENT TO THIS DISCUSSION OF REGARDING THE VARIANCES.
WELL, BUT IT, AND AS FAR AS THE CHARACTER OF THE NEIGHBORHOOD, UH, AGAIN, GOING BACK TO THE ORIGINAL, SOME OF THESE PHOTOGRAPHS HERE FROM THE, FROM, WE HAVE NOT CHANGED, UH, THE APPEARANCE FROM THE STREET BECAUSE FROM THE STREET YOU WOULD HAVE SEEN THE ORIGINAL PLAN.
UH, WE DID HAVE SOME LIVING SPACE ABOVE THE GARAGE WITH A, PERHAPS A LARGER DECK.
UM, HOWEVER, WE HAVE DIVVIED UP THAT SPACE DIFFERENTLY, WHICH IS WITHIN THE OWNER'S RIGHT TO DO.
AND WE'VE ACTUALLY ACCOMMODATED THE, THE BOARD'S REQUEST IN DOING SO, TAKE A PICTURE.
I, I'M NOT, I'M NOT DISPUTING THAT THE ZONING IN OTHER PLACES, BUT WE'RE TALKING, WE'RE THE 25 FEET THAT IS NOT SUPPOSED TO BE BUILT ON.
UM, THAT NEEDS A VARIANCE TO BUILD ON THAT 25 FEET.
WHAT'S BEING BUILT ON THAT 25 FEET IS A MASTER BEDROOM, BED AND ANOTHER BEDROOM GARAGE.
AND VERY, IT'S NOT WHAT THE DRY, IT'S MORE THAN WITHIN THAT 25 FEET OF THE VARIANCE IS A VERY DIFFERENT CONCEPT OF WHAT'S BEING BUILT.
I JUST WANTED TO CONFIRM THAT THAT WAS RIGHT.
THE LATEST SET OF DRAWING AND TAKAKI, PLEASE CORRECT ME IF I'M WRONG, BUT THE LATEST SET OF DRAWINGS IS THE CORRECT SET OF DRAWINGS.
UH, AND AGAIN, THAT DOES NOT LOOSEN MY MIND.
SUBSTANTIALLY CHANGE THE QUESTION BEFORE THE BOARD DONE.
SO, UM, UH, YES, IT IS A DIFFERENT, UH, CONFIGURATION.
AND IT'S BECAUSE DUE TO THE WHO I WILL SAY WHO SPEAKING GOOD NEWS, UH, WHO IS THIS? UH, SO SORRY.
I AM IN CHARGE OF ARCHITECTURAL DESIGN AND I'M A PARTNER AT TAINA A LC.
UM, FOR THE MONTHS WE, UH, SPEND TO AC ACCOMMODATE YOUR REQUEST, DURING THAT TIME, I GOT A PHONE CALL FROM THE OWNER AND THEY ARE EXPECTING, UH, NEW BABY COMING UP, WHICH WAS NOT, UH, INITIALLY PART OF THIS, UH, THE PROGRAM FOR US TO DESIGN THE SPACE.
BECAUSE OF THE, UH, EXPECTED NEW ADDITION OF THE BABY TO THE FAMILY, UH, OWNER REQUESTED US TO INCREASE THE HABITABLE SPACE AT THE SECOND FLOOR.
CAN I, CAN I JUST ADD TO THAT? THIS IS ELIZABETH LEE.
UM, MY HUSBAND, JUSTIN AND I ARE THE OWNERS OF THE PROPERTY AT TWO BLUEBERRY.
UM, AND I JUST WANTED TO CONFIRM THAT, UM, I DID FIND OUT I WAS EXPECTING, WE, I, I DON'T KNOW IF YOU GUYS KNOW THIS, BUT WE HAVE TWO YOUNG CHILDREN ALREADY.
UM, WE HAVE THREE BEDROOMS UPSTAIRS IN THE HOUSE, FULLY OCCUPIED, ONE'S A MASTER AND, UM, ONE EACH FOR OUR EXISTING CHILDREN, OUR 7-YEAR-OLD AND OUR 1-YEAR-OLD.
UM, AND SO OUR THOUGHT WHEN I FOUND OUT I WAS PREGNANT IN LATE JANUARY AND DUE IN DUE THIS FALL, IS THAT THIS IS OUR OPPORTUNITY AND IT'S SORT OF A BLESSING IN DISGUISE THAT YOU GUYS HAD KICKED BACK, YOU KNOW, THE DESIGN, UM, FOR RE-REVIEW AND RECONSIDERATION.
AND THAT IN ADDITION TO, YOU KNOW, REDUCING THE AMOUNT OF VARIANCES THAT WE'RE ASKING FOR, THAT WE COULD REALLY TRY TO MAKE THIS HOUSE WORK FOR US, UM, IN, IN LIGHT OF THE NEWS.
AND SO, YOU KNOW, WE THINK THAT IT MAKES SENSE TO ADD ANOTHER BEDROOM.
UM, AND IT WOULD REALLY, YOU KNOW, FOR US IT REALLY MATTERS IN TERMS OF UTILIZATION AND HOW WE USE THE SPACE GOING FORWARD WITH OUR GROWING FAMILY.
SO, UM, THANK YOU FOR CATCHING THAT DESIGN CHANGE THAT I THINK IS SOMETHING THAT YOU OBVIOUSLY WOULD'VE NEEDED TO LOOK INTO CLOSELY TO SEE.
UM, AND, AND THAT'S, YOU KNOW, THE BASIS FOR OUR CHANGE.
[01:00:01]
UM, I BELIEVE THAT WE CAN CONFIRM THAT THE CHANGE OF THE USE OF THE SPACE ABOVE THE GARAGE IS NOT GERMANE TO THE ZONING BOARDS.UM, LOOK, UH, LOOKING AT YOUR APPLICATION, COULD YOU, UM, PUT WHO'S EVER CONTROLLING THE, UH, WHAT'S ON THE SCREEN? THERE'S, UH, THE CHART THAT YOU HAVE WITH THE VARIANCES YOU'RE ASKING FOR, I DON'T BELIEVE WE GOT THAT IN OUR PACKETS.
I JUST BLEW IT UP ON THE SCREEN.
UH, SO THAT YOU, YOU KNOW, JUST TO FACILITATE THE VIEWING AND THE AUDITORIUM THERE.
WOULD FIND IT ON THE REVISED SITE PLAN.
ARE THERE ANY OTHER QUESTIONS OR CONCERNS? ANY OTHER QUESTIONS FROM THE BOARD? NOPE.
ANY THANK YOU FROM THE AUDIENCE.
GREGORY LEON, 1 49 PRINCETON DRIVE.
HI, I'M GREG LEON, 1 49 TON DRIVE.
UM, SO I'M APPLYING FOR THE VARIANCE FOR MY DRIVEWAY.
UM, WE PRESENTED AFTER OUR FIRST PRESENTATION, I DID GET THE LETTER FROM THE BOARD, AND I DO APPRECIATE THEIR CONCERN FOR THE VISUAL IMPACT, UM, OF THE DRIVEWAY.
I WOULD ALSO BE CONCERNED IF I THOUGHT IT WAS AN EYESORE IN THE COMMUNITY.
UM, BUT I, BESIDES MY NEIGHBORS TELLING ME THEY THOUGHT IT WAS AN IMPROVEMENT OVER WHAT WAS PREVIOUSLY THERE, UM, I DID, I WOULD LIKE TO POINT OUT THAT THERE ARE SEVERAL OTHER, UH, CIRCULAR DRIVEWAYS.
SO IF I COULD JUST QUICKLY SHOW YOU JUST SOME PICTURES THAT I MANAGED TO TAKE OF SOME OF THE OTHER, UH, DRIVEWAYS THAT ARE FAIRLY SIMILAR TO MINE.
IT SHOULD HOPEFULLY BE ON THE SCREEN SOON.
UH, I CAN, I'M JUST GONNA SHARE HERE.
UH, I, SHOULD I INTRODUCE THIS TO MYSELF AS WELL? YES.
UH, WE ARE THE ARCHITECTS FOR THIS PROPERTY.
SO, UH, THE, YOU CAN SEE THIS IS 1 49 FIRST DRIVE HERE.
UM, I THINK, GREG, IF YOU WANT TO, YOU WANNA START WITH YALE? UH, ALEXANDER? UH, WE CAN LOOK AT ALEXANDER.
YEAH, THE ORDER OF THE PDF THAT I GAVE WE CAN SHOW YOU IS PROBABLY THE MOST PROMINENT.
DO YOU HAVE THE PDF DFI SENT YOU? UH, I CAN PICK THAT UP, BUT THIS OKAY.
THIS GIVES YOU A SENSE OF IT'S LOCATION RELATIVE TO 1 49 PRINCETON.
I DID HAVE THE PDF THAT'S, WE HAVE ACCESS TO THAT IF OH YEAH.
CAN, YEAH, THEY CAN ACTUALLY SHOW IT.
RON, CAN YOU BRING IT UP ON THE SCREEN? OKAY.
SO THESE ARE ALL WITHIN A COUPLE OF BLOCKS FROM ME.
MM-HMM,
OKAY, SO THIS IS ALEXANDER, UM, WHICH IS VERY SIMILAR.
THIS DRIVEWAY IS VERY SIMILAR TO MINE.
IS THAT IN WHITE PLAINS OR IN, SO I, WHEN I LOOK IT UP, IT'S TWO BLOCKS AND THEN IT'S RIGHT AROUND THE CORNER.
'CAUSE I USED TO HAVE A COWORKER WHO LIVED ON ALEXANDER.
SHE USED TO SAY, OH, SHE USED TO SAY SHE LIVED IN HARTSDALE ALSO.
I THINK THAT HOUSE, THAT PARTICULAR HOUSE IS RIGHT AT THE BORDER OF WHITESIDE.
IT COULD BE RIGHT ON THE BORDER.
UH, THEN THE JAIL, WHICH IS DEFINITELY IN COLLEGE CORNERS.
[01:05:01]
AND SO HAVE A CIRCULAR DRIVER AND THEY HAVE THE DRIVEWAY IN THE BACK ALSO.AND THEN THERE'S UH, CORNELL, RIGHT, WHICH I THINK YOU BROUGHT UP LAST TIME, RIGHT? SO YOU HAVE THAT CIRCULAR DRIVEWAY WITH THE DRIVEWAY.
THEN THERE'S ONE RIGHT UP THE BLOCK FROM ME ON PRINCETON.
UM, I DON'T KNOW IF THESE PICTURES I TOOK ARE GREAT, BUT HOPEFULLY THEY ILLUSTRATE AND THEN COLUMBIA.
SO THERE ARE, UM, I'M HOPE, YOU KNOW, HOPEFULLY MINE DRIVEWAY IS NOT SUCH AN ANOMALY IN THE NEIGHBORHOOD AS THERE ARE SEVERAL OTHERS THERE.
UM, BUT LIKE I SAID, IF WHATEVER I SAID OR SHOWN LAST TIME, UH, ISN'T ENOUGH TO PERSUADE YOU, AS I STATED, MY PRIMARY GOAL IS TO MAKE IT MANAGEABLE FOR MY DAD TO, UH, TO GET ACCESS TO THE HOUSE.
UM, SO TO THAT EXTENT, MY ARCHITECT HAS COME UP WITH AN ALTERNATE PLAN.
IF NOTHING I SAID CAN PERSUADE YOU, UH, RON, YOU WANNA RUN THAT BOTTOM? YEAH.
WHICH I BELIEVE YOU HAVE PLANS.
UM, SO WE ARE SEEKING THAT THE, THE TWO VARIANCES FOR THE OVERALL WIDTH OF THE DRIVE.
AND THE OTHER ONE IS A SQUARE FOOTAGE CALCULATION.
AND SO WHAT WE'RE SHOWING IN THIS PARTICULAR CASE IS IN THE DOTTED LINE, THIS IS THE DRIVE THAT WE WOULD RE, THE PORTION OF THE DRIVE THAT WE WOULD REMOVE.
SO IT WOULD TERMINATE JUST, IT WOULD BE A BACKING OUT CONDITION.
THEY'D HAVE TO DRIVE IN AND HE'D HAVE TO DRIVE, UH, BACK OUT INTO TO REPARK IN THE GARAGE.
AND SO WE ALSO INCLUDED, I THINK IT'S IN YOUR PACKAGE, UH, SOME RENDERINGS OF HOW WE COULD POSSIBLY DO THAT.
JUST SO YOU CAN SEE, UH, IT WAS, UH, THE COMMENT THAT WE RECEIVED AND AFTER THE JANUARY PRESENTATION WAS, UH, TO MITIGATE VISUAL IMPACT.
SO WE THOUGHT THIS WAS AN APPROPRIATE, IT STILL GETS HIM TO THE ENTRANCE AND IT REDUCES THE VARIOUS REQUESTED BY, BY ABOUT 20, 20 SOME ODD FEET IN WIDTH AND ABOUT 400 SQUARE FEET IN THE AREA.
SO THAT'S WHAT MY ARCHITECT CAME UP WITH.
UM, HOPEFULLY, UH, I'M HOPING WITH, WITH MY NINE BECOMING CARETAKER FROM MY 90TH YEAR OLD DAD HAS A LOT OF ISSUES, BUT I'M HOPING AT LEAST THIS ONE I CAN FIND SOME, UH, RESOLUTION ON.
'CAUSE WHO KNOWS WHAT'S GONNA HAPPEN TOMORROW.
BUT, UH, UM, SO THANK YOU FOR YOUR TIME.
IF ANYONE HAS ANY QUESTIONS? NO.
ANYONE ELSE WANTED TO, TO, UH, CON MAKE COMMENTS ON THIS CASE? ALL RIGHT.
THE NEXT CASE ON TONIGHT'S AGENDA IS CASE 24 0 1 LEE AND PETRA BOYKO, 1 64 HILL.
I AM THE OWNER AT ONE 60 FORT HILL.
UM, SO THANK YOU AGAIN FOR TAKING THE TIME TO CONSIDER OUR APPEAL.
UM, AS A REMINDER, WE ARE ASKING THE ZBA FOR VARIANCE REGARDING OUR DRIVEWAY.
UM, IN THE LAST MEETING, WE DID NOT SUCCESSFULLY DESCRIBE HOW THE CARS TURN AROUND IN OUR DRIVEWAY.
UM, SO WE'RE HERE TONIGHT TO PROVIDE ADDITIONAL DETAILS AND CLARITY, UM, AND WE'VE CREATED A FEW DIAGRAMS TO HELP ILLUSTRATE HOW THESE CARS ENTER AND EXIT OUR DRIVEWAY.
UM, AS A QUICK REMINDER, WE LIVE ON FORT HILL ROAD, WHICH IS A NARROW CURVY TWO LANE ROAD WITH DRIVERS FREQUENTLY SPEEDING BY AS A MEANS TO BYPASS CENTRAL AVENUE.
UM, AS A RESULT, IT IS NOT SAFE TO BACK OUT OF OUR DRIVEWAY.
UM, AND OUR OBJECTIVE IS TO DESIGN A DRIVEWAY THAT EASILY ENABLES CARS, UM, NOT JUST US, BUT ALSO OUR GUESTS, UM, TO SAFELY TURN AROUND AND EXIT IN A FRONT FULL, FRONT FACING MANNER.
UM, THERE IS NO STREET PARKING ON FORT HILL ROAD.
ALL VISITORS MUST PULL INTO OUR DRIVEWAY.
UM, AND THERE'S ALSO A HEAVILY USED SIDEWALK IN FRONT OF OUR DRIVEWAY, FURTHER NECESSITATING OUR DESIRE FOR A FRONT FACING EGRESS.
UM, DO YOU WANT ME TO SHARE, OR? OKAY.
IF YOU'D LIKE, IF YOU PREFER THAT, I CAN STOP.
I'M TRYING TO DO EVERYTHING HERE.
SO WE PROVIDED, UM, A PACKET TO THE, UM, ZBA HERE.
UM, THERE'S A WRITTEN SECTION HERE.
UM, AND THEN WE PROVIDED FOUR, UM, DIAGRAMS HERE, WHICH I'M GONNA SHOW YOU.
[01:10:01]
WALK YOU THROUGH.THE FIRST DIAGRAM IS AN OVERALL PLAN OF THE DRIVEWAY, UM, CLARIFYING SOME OF THE DETAILS THAT WERE ASKED AT THE LAST MEETING.
UM, THE SECOND DIAGRAM IS TO GIVE YOU A SENSE OF SCALE FOR WHAT A CAR LOOKS LIKE WHEN PULLING OUT OF THE GARAGE.
UM, AND I THINK WHAT'S IMPORTANT TO NOTE HERE IS THAT YOU NEED TO PULL STRAIGHT OUT OF THE GARAGE BEFORE YOU CAN TURN, UM, BEFORE YOU CAN TURN THE CAR.
UM, AND YOU CAN'T TURN UNTIL YOU'RE FULLY OUT OF THE GARAGE.
AND SO OTHERWISE YOU WOULD HIT THE GARAGE.
UM, UH, AND SO BECAUSE OF THIS, WHEN BACKING UP THE CAR ENDS UP ABOUT HERE, UM, THE THIRD DIAGRAM, UH, THIS IS, THIS IS THE CURRENT FIVE POINT TURN THAT IS REQUIRED, AND THIS IS CURRENT TO EXIT THE GARAGE FROM OUR DRIVEWAY.
AS YOU CAN SEE FROM HERE, OUR CAR BACKS UP INTO POSITION NUMBER TWO, THEN FRONTS INTO POSITION NUMBER THREE, THEN BACKS UP AGAIN INTO POSITION NUMBER FOUR, AND THEN CAN FINALLY TURN AROUND IN A FRONT FACING MANNER TO EXIT THE DRIVEWAY IN POSITION NUMBER FIVE.
UM, AND THEN IN THE LAST DIAGRAM, THIS IS HOW A, UM, A CAR THAT IS PARKED IN FRONT OF OUR, IN FRONT OF OUR HOUSE.
UM, SOMEBODY WHO'S DROPPING OFF AT A PLAY DATE, UM, MY ELDERLY MOTHER, MY ELDERLY MOTHER-IN-LAW WOULD COME, WOULD TURN AROUND, TURN BACK OUT, AND THEN EXIT IN A FRONT FACING MANNER.
UM, SO WE HOPE THIS ADDITIONAL SUBMISSION PROVIDES MORE CLARITY AND CONTEXT, AND I'M HAPPY TO ANSWER ANY QUESTIONS FROM THE BOARD.
THE NEXT CASE IS CASE 24 0 2, MARSHA ZEI, 86 WINDHAM STREET.
ALRIGHT, WE DON'T HEAR YOU CHRIS.
UM, MAYBE WE WOULD GO TO THE NEXT APPLICATION, GIVE IT 30 MORE SECONDS.
CHRIS, DO YOU HAVE ANY TROUBLESHOOTING QUESTIONS? SHE'S GOING TO CALL IN.
IN INTEREST OF TIME, DO WE WANT TO, UM, SWITCH TO THE NEXT APPLICATION? SURE, WE CAN DO THAT.
SHERIFF, WE'LL UH, CALL YOU NEXT AFTER THIS NEXT APPLICATION.
MOVING TO CASE 24 0 3, TOLEDO, CHRISTINA, PEDRO, CORD, CORDIO, ET CETERA.
WE WOULD LOSE UP ALL YOUR TIME.
UH, MADAM CHAIRWOMAN, MEMBERS OF THE BOARD, MY NAME IS BEN COMPTON FROM JOE BELLO ARCHITECTS.
6 3 3 4 NORTHERN BOULEVARD IN EAST NORWICH NEAR, UM, I'M HERE REPRESENTING THE OWNERS OF THREE LAURA LANE IN THEIR REQUEST FOR A VARIANCE FOR COVERAGE.
UM, THE PROPERTY IS LOCATED ON THE NORTH SIDE OF LO LANE.
UM, IN THE R 20 DISTRICT, UH, THE CODE SECTION THAT WE'RE LOOKING FOR RELIEF ON IS CODE SECTION 2 85 DASH 12 B, UH, SUBSECTION THREE, SUBSECTION D, UM, WHICH IS THE MAXIMUM IMPERVIOUS
[01:15:01]
COVERAGE, UM, LIMITED TO 29%.THE VARIANCE REQUESTED IS FOR 33.5%.
UH, I JUST WANNA POINT OUT THE EXISTING COVERAGE OF THE SITE BEFORE WE DO ANY OF THE WORK.
JUST DUE TO THE NATURE OF THE, UH, ADDITIONS THAT WERE DONE TO THE SITE BEFORE THEY PURCHASED THE PROPERTY, UM, IS AT 32.7%.
UM, WHICH MEANS THAT THE INCREASE THAT WE ARE ASKING FROM THE EXISTING IS, UH, 0.8%.
UM, FOR THAT, FOR THE, UH, THE WORK THEY'RE LOOKING TO DO, THE WORK THAT THEY'RE LOOKING TO DO IS TO BETTER CONNECT THEIR HOUSE OR THEIR LIVING SPACES TO THE BACKYARD.
UM, THANK YOU FOR PULLING THAT UP.
UM, THE, THE TWO AREAS THAT THEY'RE LOOKING TO PUT IN ADDITION IS THE FIRST IS ON THE NORTH SIDE, OR I'M SORRY, ON THE, UM, WEST SIDE, WHICH IS ON THE TOP OF THE DRAWING, WHICH IS REALLY JUST A STAIR THAT COMES OUT OF THE DINING ROOM, UM, WHICH IS PROBABLY BEST SEEN ON THE PLANS AS OPPOSED TO SITE PLAN.
IT'S JUST A DOOR WITH A LANDING AND THEN A SET OF STEPS THAT ALLOWS THEM TO GO OUT TO THE BACKYARD.
AND SO THAT SET OF STEPS ALSO THEN, SORRY, IT'LL BE AT THE BOTTOM LEFT HAND CORNER.
UM, BUT THE, THE, THE, BASICALLY THAT SET OF STEPS THERE ALSO RECONFIGURES THE EXISTING EXTERIOR SET OF STEPS THAT CONNECTS TO A ROOM IN THE BASEMENT.
UM, AND SO THAT IS, ENDS UP BEING THE WIDTH OF THAT.
UM, BUT WHAT THAT ALLOWS THEM TO DO IS THAT CURRENTLY ALL OF THEIR, ANY TO GET TO THEIR BACKYARD IN THEIR BACK DECKS, THEY ACTUALLY HAVE TO GO THROUGH ONE OF THE BEDROOMS, UM, OF SOME FORM.
AND SO THIS CONNECTION ALLOWS 'EM TO GO IN THEIR SIDE YARD AND THEN TO THE BACKYARD.
UM, THE OTHER ADDITION THAT THEY'RE LOOKING FOR IS TO ACTUALLY CONNECT THE OTHER BEDROOM, WHICH IS, UM, IN THE CORNER, IN THE NORTHEAST CORNER ALSO TO THAT DECK.
AND SO THERE'S AN EXISTING DECK BACK THERE, BUT THE SMALL ADDITION THEY'RE LOOKING TO DO REALLY JUST CONNECTS THE ONE BEDROOM THROUGH A DOOR TO THE SAME DECK IN THE BACK, UM, WHICH YOU'RE LOOKING TO GO TO PERLE OVER.
I'LL NOTE THAT BOTH OF THESE STRUCTURES ARE ACTUALLY IN THE BACKSIDE OF THE HOUSE, SO THERE'S NO VISUAL IMPACT FROM THE STREET, UM, AS YOU LOOK AT THEM.
AND, UH, IT'S JUST A MINIMAL REQUEST.
UM, I, IF THERE'S ANY QUESTIONS.
SO THIS, SO MOST OF THIS IS LEGALIZING WHAT'S THERE? NO, NO.
THE, THE, NO, THE, THE, ALL THE STUFF THAT WAS THERE HAS BEEN THERE AS FAR AS I, AS FAR AS I KNOW, I DON'T KNOW OF, I, I COULDN'T SEE YOUR ARROW ON FRONT OF IT.
SO, SO, SO I UNDERSTAND WHERE THE ADDITIONS, SO IF YOU GO BACK TO THE, HOW BIG THEY WERE.
OKAY, THE, BEAR WITH ME ONE SEC.
THE, THE NEW SIDE ENTRY, UM, ON THAT, ON THE NORTH SIDE, IF WE GO TO THE SITELINE, IT'S PROBABLY THE EASIEST, WHICH IS ON THE TOP OF THE DRAWING.
UM, THAT RIGHT THERE IS AN ADDITIONAL 140 SQUARE FEET, UM, TO BE PUT ON.
AND THEN THE, AND JUST BEFORE YOU GO FURTHER, THAT'S JUST FOR STAIRS BECAUSE THE WAY IT'S HATCHED OUT, IT'S NOT THERE, THERE'S A DECK THERE.
THERE'S A PLA THERE'S A, BECAUSE IT'S, THE HOUSE IS RAISED A LITTLE BIT BACK THERE, UM, THERE'S A SET OF STEPS, THERE'S A PLATFORM THERE AND A SET OF STEPS THAT GOES DOWN.
SO THERE'S A PLATFORM THAT STAIRS NOT, YOU HAVE TO BUY CODE, HAVE A PLATFORM OUTSIDE THE DOOR.
IT'S, YOU KNOW, SO IT'S, IT IS A SMALL PLATFORM BASICALLY TO ALLOW THEM TO STEP UP.
AND THE PLATFORM IS THAT HATCHED OUT AREA THAT'S IN GRAY.
UH, JUST THE ONE SMALL SECTION OF IT, UH, ONE HALF OF IT, APPROXIMATELY.
THE OTHER HATCH SECTION IS, IS THE AREA THAT GOES DOWN TO THE BASEMENT.
'CAUSE THERE'S OUR, THERE'S AN EXISTING CURVED BASEMENT, UH, STAIR THAT FALLS ALONG THE HOUSE.
AND SO WE ARE LOOKING TO BASICALLY REPLACE THAT.
YEAH, IF WE GO, IF YOU GO TO THE, TO THE FIRST FLOOR PLAN, IT'S PROBABLY THE EASIEST.
GO TO THE DRAWING SET AND EACH ONE JUST, UH, DOWN, I'M SORRY.
JUST GO SCROLL DOWN ONE MORE PAGE TO THE FIRST FLOOR PLAN.
YOU WANT SCROLL THE WAY DOWN THE BOTTOM.
SO THE, IN THE BOTTOM CORNER THERE, YOU'LL SEE THE PLATFORM, WHICH IS WIDEST, BASICALLY JUST BECAUSE THEY HAVE A OPPOSITE.
THEY HAVE SLIDERS ON THE BACK OF THEIR HOUSE AS, AS PART OF THE DESIGN.
AND THEN THE STAIR PLATFORM THAT COME OFF OF THAT IS JUST BASICALLY THE WIDTH NEEDED TO BASICALLY ENCOMPASS THE SLIDER.
IT GOES DOWN AND THEN YOU'LL SEE IT GOES DOWN TO A SMALL PLATFORM.
AND THEN THAT STAIR ACTUALLY WRAPS BACK AROUND UNDERNEATH TO GET THEM ACCESS TO THE BASEMENT DOOR THAT CURRENTLY EXISTS.
UM, THE DASHED AREA THAT'S RIGHT NEXT TO THAT IS THE CURRENT STAIR, WHICH KIND OF CURVES AROUND THE SIDE OF THE HOUSE AND GOES INTO THAT BASEMENT.
SO THAT'S GONNA BE REPLACED WITH THE STAIR THAT BASICALLY KIND OF WRAPS AROUND THAT WAY.
AND THEN THE OTHER QUESTION THAT WAS ASKED, I KNOW YOU INDICATED THAT IT WAS 31%, YOU SAID THAT WAS ALREADY COVERED 32.7%, WHICH IS SO WHEN THE
[01:20:01]
QUESTION WAS RAISED, THAT TO US WOULD BE ALREADY A PREEXISTING NON NONCONFORMING.SO ACTUALLY THAT WOULD HAVE TO, TO BE IN OUR MINDS.
YOU ARE ACTUALLY, ACTUALLY FOR THE WHOLE THING.
SO, SO DO YOU KNOW IF THERE WAS A VARIANCE FOR THAT? I, I DO NOT KNOW.
UH, YEAH, THE TOTAL INCREASE IS 4.5%, IF THAT'S AS THE BOTTOM LINE, THE RELIEF THAT WE'RE LOOKING FOR BE FOUR POINT A HALF PERCENT ADDITIONAL.
ANY OTHER QUESTIONS? OKAY, ANYTHING? NO.
ANYONE IN THE AUDIENCE? IN THE AUDIENCE? AN ECHO? ALRIGHT, THANK YOU.
YOU WANT GO, GO BACK TO OH TWO, LEAST DO A QUICK TEST.
AMI, CAN YOU HEAR ME? CAN YOU HEAR ME? YES.
SO THIS IS CASE 24 0 3, I'M SORRY, 24 0 2 0 2.
I'M THE ARCHITECT FOR THE PROJECT.
WE HAVE PREVIOUSLY RECEIVED A ZONING VARIANCE FOR THIS PROJECT.
UH, WE ARE HERE TONIGHT TO SIMPLY CHANGE ONE OF THE STIPULATIONS OF THE PROJECT.
UM, JUST TO TAKE A LOOK AT, UM, THIS IS THE VIEW DOWN WYNDHAM STREET.
CURRENTLY, UM, WE'VE MADE CHANGES FROM WHAT THIS IMAGE SHOWS.
WE HAD HAD TO REDUCE THE SIZE OF THE DRIVEWAY, AND PART OF OUR STIPULATION WAS TO PUT A FENCE ALONG THE BORDER BETWEEN THESE TWO HOUSES.
WHAT, AND THIS IS WHAT, UH, YOU COULD SEE HERE, THERE'S A NARROW PASSAGEWAY BETWEEN, IN THE PREVIOUS ITERATION OF THE, UH, PROPERTY, WE HAD A, THE DRIVEWAY GOING RIGHT TO THE PROPERTY LINE.
IT IS NOW CUT BACK SO THAT THERE'S A THREE FOOT, UH, SPACE IN BETWEEN THE TWO.
SO OUR PREVIOUS, UH, SUBMISSION AND APPROVED PLANS WERE TO DO A FENCE LIKE THIS.
BUT IF YOU TAKE A LOOK AT THE REST OF THE PROPERTIES AROUND, NOBODY HAS A FENCE BETWEEN THEIR PROPERTIES.
AND THIS WOULD BE THE ONLY ONE.
AND IF WE COME A LITTLE FURTHER DOWN HERE AND SEE, YOU COULD SEE THAT THERE'S ACTUALLY SOME PLANTING ON THE, FROM THE NEIGHBOR'S PROPERTY THAT WOULD BE INTERFERED WITH.
AND WHAT WE WOULD LIKE TO DO INSTEAD IS INSTEAD OF PUTTING THIS FENCE THERE TO, TO PUT, UH, SOME ARBOR VITALE, AND THAT WOULD GIVE US, UM, IT WOULD ACTUALLY BE BETTER FOR MANAGING THE STORM WATER, UH, ISSUES THAT WERE ON THE PROPERTY BEFORE.
WE'VE, WE'VE SINCE BUILT THE CURB AND PUT IN DRAINAGE.
YOU DON'T SEE IT HERE, BUT WE HAVE A DRAINAGE, UH, LINE HERE AND IN THE BACK THAT COLLECTS ALL THE WATER.
THE DRIVEWAY'S BEEN REDONE TO SLOPE BACK AND FOR NOT TO THE SIDE.
UM, AND WHAT WE'D LIKE TO DO IS SIMPLY PUT IN A NICE HEDGE OF ARBOR ITE THAT WOULD BE A LOT MORE NATURAL, UM, WOULD ACTUALLY ABSORB A LOT BETTER AND JUST BE A MUCH MORE, I THINK IN KEEPING WITH THE NEIGHBORHOOD WHERE YOU'VE GOT HEDGE ROWS HERE ON THE NEIGHBOR'S PROPERTIES, AS YOU CAN SEE.
THEY CAN GET EVERYBODY IN THERE, BUT YOU CAN SEE THAT ON THE GOOGLE MAPS VERSION AS WELL.
AND SO THAT'S REALLY WHY WE'RE HERE.
WE'RE JUST SIMPLY ASKING TO, INSTEAD OF DO A FENCE THAT WE COULD DO NATURAL PLANTING ALONG THE PROPERTY LINE BETWEEN THE TWO PROPERTIES.
HA HAVE YOU CONSULTED WITH YOUR NEIGHBOR? I DO REMEMBER THE CASE.
ARE THEY IN AGREEMENT WITH THAT? UH, WE DON'T NEED, UH, NOPE.
OH NO, I WAS GONNA SAY LIKE WE, WE DID NOT, LIKE WE DON'T REALLY SPEAK,
[01:25:02]
YOU KNOW, EACH OTHER.AND THE HOUSE IS CURRENTLY UP FOR SALE AS WELL? YES, THEY ARE MOVING, THEY'RE SHOWING THE HOUSE.
NOT UNDERSTANDING WHAT SHE'S SAYING.
SHE SAID THEY'RE MOVING, THEY'RE SHOWING HOUSE, THE NEIGHBORS ARE MOVING AND THEY DON'T HAVE A RELATIONSHIP.
THEY'VE GOT THE HOUSE UP FOR SALE AT THIS POINT.
ANY OTHER QUESTIONS? ANY REASON WHY YOU WOULDN'T USE THE SAME TYPE OF HEDGE ROWS, LIKE ACROSS THE STREET? NO, THERE'S NO, UM, GO AHEAD.
I, I WOULD JUST SAY PROBABLY, UM, I HAVE A FEELING FROM WHAT IT LOOKS LIKE THAT THESE GUYS ARE PRI HEDGE AND THAT IS ACTUALLY LOWER.
MAYBE NOT, MAYBE THAT'S, THAT MIGHT BE, UH, YOU, BUT THEY'RE NOT, THEY'RE VERY TRIMMED, VERY, IF THEY'RE PRI THEY'RE NOT ALLOWED.
BUT, UM, THAT'S A INVASIVE SPECIES.
BUT, UH, IT LOOKS LIKE, I MEAN, IT'S VERY MANICURED, VERY SCULPTED, VERY STRAIGHT.
UM, THEY TEND TO, OVER TIME HAVE A LOT OF BROWN SPOTS, BROWN AREAS BECAUSE THEY'RE SO JAMMED TOGETHER THAT THEY, UH, THE BRANCHES TEND TO DIE.
AND ONCE THEY DO, YOU HAVE TO REALLY REPLACE THE ENTIRE, UH, SHRUB.
WHEREAS IF YOU WERE TO DO ARBOR PROVIDEE, IT'S A MORE NATURAL FORM.
IT'S A LOT LOOSER AND, UH, HAS A LITTLE BIT OF AIR GOING THROUGH.
AND THEY TEND TO SURVIVE BETTER ONCE YOU GET USED OR BOX WOOD OR ANYTHING LIKE THIS.
AND IT, IT TENDS TO HAVE A REAL PROBLEM WITH, UM, DIE OFF OF THE SHRUBS.
AND TO YOUR ESTIMATE RIGHT NOW, HOW MANY AES WOULD YOU BE PLANTING? WELL, WE WOULD BE PLANTING THEM.
I MEAN, THERE'S THE RECOMMENDED SPACING BETWEEN ARBOR VARIETY IS THREE FEET, FOUR TO FIVE FEET IN BETWEEN.
DEPENDS ON WHICH VARIETY YOU'RE GETTING.
SO THE VARIETY THAT WE WERE LOOKING AT, WHICH WOULD GROW TALLER, UM, GIANTS, THEIR RECOMMENDATION, YOU KNOW, AND THEY HAVE A LITTLE BIT MORE OF A SPREAD.
THEY, THEY'RE ABOUT FOUR, FOUR TO FIVE FEET SPACING.
SO HOW MANY OF THEM? AND, UM, WELL RIGHT NOW I'M JUST SHOWING ABOUT SEVEN.
BUT ACTUALLY WE WANT TO GO BACK.
THERE IS, SO YOU'RE GONNA GO BACK FURTHER THAN WHAT YOU'RE SHOWING? WE GO FURTHER.
THIS IS AN EXISTING FENCE THAT'S ACTUALLY ON THE NE I, I BELIEVE THE NEIGHBORS PUT UP.
UM, BUT THIS EXISTING FENCE IS THERE.
WE WOULD GO ALL THE WAY BACK TO THAT FENCE.
SO PROBABLY THERE IS ONE OF THEIR SHRUBS THAT'S HERE.
UM, I SUPPOSE IF THERE'S A NEW BUYER, WE COULD TALK TO THEM ABOUT, YOU KNOW, REPLACING IT THERE.
SEE IF I CAN SHOW YOU WHAT THAT SHRUB LOOKS LIKE.
UM, BUT, YOU KNOW, YES, WE WOULD TAKE IT ALL THE WAY SO THAT IT WOULD MAKE A COMPLETE DISTANCE, YOU KNOW, SEPARATION BETWEEN THE TWO PROPERTIES, BUT IT WOULD GO ALL THE WAY AND COMPLETE THIS AREA HERE.
ANYTHING ELSE? ANYONE IN THE AUDIENCE? OKAY.
MOVING ON TO CASE 24 0 4, AUTHOR MAR MARLOW LIVING TRUST.
HI, GOOD EVENING CHAIR MEMBERS OF THE BOARD.
I'M AN ATTORNEY WITH ZAIN AND STEINZ ON BEHALF OF THE APPLICANT AND THE PRIOR OWNER, ARTHUR MARLOW, LIVING TRUST.
I ALSO HAVE WITH US TONIGHT WILL HOOPS, WHO'S IN THE AUDIENCE, WHO IS THE NEW OWNER OF THE PROPERTY.
THE PROPERTY IS LOCATED AT SIX LARK AVENUE.
IT'S A 0.38 ACRE PROPERTY IN THE TOWNS R 10 DISTRICT.
IT'S IMPROVED WITH A SINGLE FAMILY DWELLING THAT WAS ORIGINALLY CONSTRUCTED IN 1961.
THE, JUST TO GIVE SOME BACKGROUND ON THIS, I KNOW THAT THIS IS PART OF OUR SUBMISSION, BUT I WANNA MAKE SURE IT'S CLEAR.
A ONE STORY ADDITION WAS CONSTRUCTED IN 1998.
SORRY, A ONE STORY ADDITION WAS CONSTRUCTED IN 1998 PURSUANT TO BUILDING PERMIT NUMBER 2 7 8 9 6.
AT THE TIME THE BUILDING PERMIT WAS APPROVED, THE PROPERTY WAS IN THE R 20 DISTRICT ZONE AND IT REQUIRED FOUR SEPARATE VARIANCES, UM, INDIVIDUAL AND TOTAL SIDE YARD SETBACK VARIANCES, IMPERVIOUS SURFACE COVERAGE VARIANCE, AND A VARIANCE PERMIT ALTERATION OF WHAT WAS A NONCONFORMING STRUCTURE IN THE R 20 DISTRICT.
ALL FOUR OF THESE VARIANCES WERE GRANTED OUT BY THE ZBA ON SEPTEMBER 24TH, 1998 IN KEY.
WHAT, WHAT WAS CASE NUMBER 98 DASH THREE.
[01:30:01]
THAT WAS APPROVED BY THE ZBA AT THAT TIME WAS 6.1 FEET ALONG THE SOUTHERLY BOUNDARY.THE ZBA RESOLUTION FINDINGS AT THAT TIME, NO EXTENSIVE LANDSCAPING, MAJORITY OF WHICH STILL EXISTS TODAY.
THE PLAN SUBMITTED TO THE TOWN AS PART OF THAT APPLICATION, AS WELL AS THOSE PLANS THAT WERE APPROVED BY THE TOWN BUILDING DEPARTMENT, BOTH SHOW A 6.1 FOOT SETBACK.
THIS IS ALSO SHOWN ON SITE THE SITE PLAN IDENTIFIED AS SITE PLAN FOR ADDITION TO HOUSE THAT WAS PREPARED BY ARCHITECT VAR HANSON, UH, VAR AND THEN H-A-N-S-E-E-N AND DATED OCTOBER 23RD, 1998.
THE ADDITION WAS CONSTRUCTED FOLLOWING THE APPROVALS AND NO FURTHER ADDITIONS HAVE BEEN MADE TO THE STRUCTURE SINCE THAT TIME.
AND ON DECEMBER 29TH, 2023, THE PROPERTY WAS SOLD TO MR. HOOPS DURING THE CLOSING PROCESS.
A SURVEY WAS PREPARED BY GABRIELS PC, UM, DATED DECEMBER 20TH, 2023 THAT I IDENTIFIED A 5.5 FOOT SOUTHERLY SIDE SIDE YARD SETBACK, OR IN OTHER WORDS, A 0.6 FOOT OR 7.2 INCH REDUCTION TO THE SIDE YARD SETBACK THAT WAS APPROVED BY THE ZBA IN 1998.
THAT'S WHAT BRINGS US TO YOU TONIGHT.
UM, TONIGHT WE'RE SEEKING AN AREA VARIANCE APPROVAL FOR THE REDUCTION OF THE PROPERTY'S INDIVIDUAL SIDE YARD SETBACK REQUIREMENT IN THE R 10 DISTRICT, WHICH REQUIRES A MINIMUM OF 12 FEET.
THAT'S PURSUANT TO CODE SECTION 2 85, SUBSECTION 14 B FOUR B.
ACCORDINGLY, A SIX AND A HALF FOOT REDUCTION TO THE TOWN SIDE YARD SETBACK REQUIREMENT IS NEEDED TONIGHT.
WE STRONGLY BELIEVE THAT THE BENEFIT OF GRANTING THIS VARIANCE FAR OUTWEIGHS ANY IMPACT THAT THE GRANTING OF THE VARIANCE MAY HAVE ON THE COMMUNITY.
UM, FIRST OF ALL, THERE'S NO UNDESIRABLE CHANGE IN THE NEIGHBORHOOD OR DETRIMENT TO NEARBY PROPERTIES.
THIS PROPERTY HAS EXISTED IN THE SAME CONDITION FOR OVER 25 YEARS.
THERE'S SIGNIFICANT NATURAL SCREENING THAT EXISTS BETWEEN THE ADDITION AND THE SOUTHERLY LOT LINE AND WHAT WE'RE ASKING AGAIN, ALTHOUGH IT'S A SIX AND A HALF FOOT CHANGE DUE TO THE ZBA VARIANCE THAT WAS APPROVED IN 1998, IT REALLY IS IN ESSENCE A SEVEN INCH DIFFERENCE FROM WHAT WAS PREVIOUSLY APPROVED.
THE BENEFITS SOUGHT BY THE APPLICANT CANNOT BE ACHIEVED BY ANY OTHER FEE METHOD FEASIBLE FOR THE APPLICANT TO PURSUE.
UM, AGAIN, THIS HAS BEEN CONSTRUCTED FOR OVER 25 YEARS AT THIS POINT.
UM, THE ONLY OTHER METHOD OF RESOLVING THIS WOULD BE TO REMOVE THE ADDITION.
UM, THAT COULD CAUSE WHAT WE, WHAT WE DON'T EVEN KNOW, UM, IN TERMS OF COMPROMISING THE STRUCTURE.
UM, BUT ALL FOR WHAT IS SUCH A MINIMAL VARIANCE, THE REQUESTED AREA VARIANCE IS ALSO NOT SUBSTANTIAL.
UM, AS THE BOARD KNOWS, THE COURT NEW YORK'S COURTS HAVE HELD THAT A BOARD MUST CONSIDER THE ACTUAL IMPACT OF THE REQUESTED VARIANCE ON THE SURROUNDING COMMUNITY.
WHEN EVALUATING SUBSTANTIALITY CAN'T JUST LOOK AT THE NUMBER AND A VACUUM HERE, THE APPLICANT IS SEEKING A SIX AND A HALF FOOT REDUCTION TO THE SIDE YARD SETBACK REQUIREMENT.
HOWEVER, AS NOTED, THE GRANTING THIS VARIANCE IS IN ESSENCE REDUCING WHAT THE ZBA HAS ALREADY APPROVED FOR THIS VERY STRUCTURE ON THIS VERY PROPERTY BY MERE SEVEN INCHES, THE REQUESTED VARIANCE WILL NOT ADVERSELY IMPACT THE ENVIRONMENT.
AGAIN, THIS, THIS HAS BEEN CONSTRUCTED FOR 25 YEARS WITHOUT ISSUE.
UM, APPROVING THIS VARIANCE WILL NOT INCREASE ANY IMPERVIOUS SURFACE AREA, WILL NOT REMOVE ANY ADDITIONAL SCREENING.
IT'LL JUST SIMPLY APPROVE WHAT EXISTS TODAY.
AND LASTLY, WHILE WE DO BELIEVE THAT THIS WAS A SIMPLE MEASUREMENT ERROR AND THAT, UM, AND ONE THAT HAD GONE UNNOTICED FOR 25 YEARS, EVEN IF THIS BOARD FINDS THAT THIS WAS SELF-CREATED HARDSHIP, NEW YORK COURTS HAVE LONG HELD THAT SUCH A FINDING IS NOT DISPO DISPOSITIVE.
UM, UM, THAT'S ALL I HAVE AT THIS POINT.
SO IF THERE ARE ANY QUESTIONS, ANY QUESTIONS FROM THE BOARD? JUST ONE SMALL ONE.
HOW, HOW DID THIS COME TO THE BUILDING INSPECTOR? SO I GUESS I, I'D HAVE TO REFER BACK TO THIS BUILDING INSPECTOR TO SEE HOW IT CAME TO HER.
UM, BUT I DO KNOW THAT WE JUST HAVE A SURVEY.
AND IN TERMS OF WERE YOU SEEKING A CFO OR SO WE'RE IN THE CLOSING PROCESS RIGHT NOW.
SO THE SURVEY DID SHOW A DISCREPANCY, UM, AND THIS IS NECESSARY TO RESOLVE THAT CLOSING PROCESS.
NO, IT'S NOT
YOU DID A SAW AND JUST CUT A PIECE OFF.
PUT THE SIX INCHES BACK, SEVEN INCHES.
THE LAST CASE WE HAVE ON TONIGHT'S AGENDA IS CASE 24 0 5
[01:35:01]
SEBASTIAN GUERA, 31 HIDDEN GLEN ROAD.HELLO, MY NAME IS VLADIMIR LEVIN.
I AM AN ARCHITECT WITH MICHAEL PICARILLO, A ARCHITECTURE.
I'M HERE ON BEHALF OF THE OWNERS TO PRESENT THIS PROJECT.
UM, THE OWNER, UH, SEBASTIAN IS ACTUALLY ON THE ZOOM CALL AS WELL, SO HE COULD, UH, AT ANY TIME SPEAK IF HE SO CHOOSES.
UM, THIS IS A PRETTY STRAIGHTFORWARD VARIANCE.
THE OWNERS, UH, LET ME SHARE MY SCREEN.
THE OWNERS HAVE AN EXISTING ODDLY SHADE DECK DECK IN THE BACK OF THEIR HOUSE, WHICH THEY WOULD LIKE TO, UH, TAKE DOWN AND REBUILD INTO A MORE REGULAR USER FRIENDLY, UH, DECK THAT'S MORE PRACTICAL.
UM, THE EXISTING DECK IS NON-CONFORMING WITH RESPECT TO THE REAR YARD SETBACK WHERE 27 FEET IS REQUIRED AND THE EXISTING IS 17 FEET.
AND ALSO WITH RESPECT TO THE, UM, IMPERVIOUS COVERAGE WHERE 29% IS, UM, THE MAXIMUM ALLOWED, THAT WOULD BE FINE.
UM, SO HERE YOU CAN SEE A PICTURE OF THAT ODDLY SHAPED DECK.
UM, I'LL SWITCH OVER TO MY SITE PLAN.
SO THE, THE RED IS THE EXISTING DECK, WHICH IS BEING TAKEN DOWN AND THE, UH, THE LIGHTLY HATCHED AREA IS THE NEW DECK.
UM, THE NEW IMPERVIOUS COVERAGE AND THE EXISTING IMPERVIOUS COVERAGE WILL NOT CHANGE.
UH, THE CONFIGURATION OF THE NEW DECK IS EXACTLY THE SAME SQUARE FOOTAGE AS THE EXISTING DECK, WHICH IS BEING REMOVED.
UH, THEY'RE BOTH AT 904 SQUARE FEET.
THE NON-CONFORMITY, UM, AT THE REAR YARD IS ACTUALLY, UM, BEING LESSENED.
SO THE EXISTING DECK WAS 15 FOOT EIGHT INCHES, AND OUR NEW DECK IS ACTUALLY GONNA BE 17.
SO WE'RE, UM, WE'RE IMPROVING THAT NON-CONFORMITY.
ON THE HILLY AREA TO THE LEFT HAND SIDE OF THE SCREEN, UH, ON, ON YOUR FLOOR PLAN, IT, IT SHOWS THAT THERE'S A HILL AND IT'S GOING DOWNHILL TO THE, UM, WEST OF THE HOUSE.
YOU KNOW, WE HAVE 9 1 92 1 90.
UM, WHAT IS ON THE OTHER SIDE OF THAT PROPERTY LINE AND IS THERE A RUNOFF ISSUE IF WE INCREASE THE, UM, IMPERVIOUS COVERAGE? WELL, WE'RE, WE'RE NOT INCREASING THE IMPERVIOUS COVERAGE.
IT IS, IT IS THE SAME AS IT WAS.
SO, LIKE I SAID, THE, UM, IT'S, IT'S A, THE, THE EXISTING DECK IS 904 SQUARE FEET, WHICH IS BEING REMOVED.
AND THE NEW DECK IS 904 SQUARE FEET.
SO IT'S, UM, IT'S EVEN, WELL IT SAYS THAT YOU'RE, ONE OF THE VARIANCES YOU'RE REQUESTING IS TO INCREASE THE MAXIMUM IMPERVIOUS SURFACE COVERAGE FROM 29% TO 37.3%.
THE, SO THE, THE, THAT'S AN EXISTING NON-CONFORMING CONDITION.
THE EXISTING, UM, THE EXISTING IMPERVIOUS COVERAGE IS NON-CONFORMING.
SO ARE THERE ANY DRAINAGE PROBLEMS NOW AND FLOODING PROBLEMS YOU GUYS? UM, I, I DON'T BELIEVE THERE ARE.
NO, WE HAVEN'T HAD ANY ISSUES FROM A DRAINING PERSPECTIVE.
THERE'S A, A CREEK IN THE BACK.
THERE'S KIND OF A BIG HILL, UH, FOLLOWING THAT RUNOFF THAT THAT'S SHOWN.
AND THEN THERE'S A CREEK IN ST.
AND WE HAVEN'T HAD ANY ISSUES.
YEAH, THIS HERE ARE GONNA BE STEPS.
COULD YOU, UM, I UNDERSTAND THIS BACK ON TO ST.
COULD YOU TELL ME WHAT HOLE APPROXIMATELY THIS IS BACKING ONTO SO I CAN HAVE A BETTER UNDERSTANDING OF WHERE YOU ARE? YEP.
[01:40:02]
SO YOU'RE NEAR THE, UH, GREEN.WE'RE CLOSER TO THE GREEN, YEP.
LIZ GARRITY, DEPUTY BUILDING INSPECTOR.
I JUST WANNA MAKE A POINT OF CLARIFICATION.
THE APPLICANTS ARE PROPOSING TO REMOVE THE DECK.
SO IT'S GOING TO BE ASKING FOR VARIANCE.
EVEN THOUGH RIGHT NOW AS THE DECK EXISTS, THERE'S A PREVIOUS VARIANCE THAT WAS GRANTED FOR THE SETBACK OF THE EXISTING DECK, BUT THE IMPERVIOUS SURFACE, THEY'RE GOING TO NEED A NEW VARIANCE FOR THE SETBACK AND THE IMPERVIOUS SURFACE BECAUSE OF REMOVING THE STRUCTURE.
AND WE'RE JUST KIND OF LEGALIZING WHAT'S THERE.
SO WHAT, WHAT'S THERE IS, IS LEGAL, BUT WHAT WHAT THEY'RE DOING IS THEY'RE REMOVING IT.
SO NOW THEY NEED NEW VARIANCES.
SO YOU HAVE TO TREAT IT AS NEW.
SO, UM, JUST SO THAT WE GET THE NUMBERS RIGHT, SO FROM THE DISTANCE FROM THE YEAR FROM THE REAR YARD, UM, TO THE DECK, IT WAS AT 15.8.
IT'S NOW AT 17, BUT THE IMPERVIOUS SURFACE COVERAGE IS EXACTLY THE SAME.
ANY OTHER QUESTIONS? SO, SO THE REASON THAT WE'RE, THE REASON WE'RE QUESTIONING THAT ALSO IS 'CAUSE IF YOU LOOK AT THE DRAWINGS, IT LOOKS LIKE IT WOULD BE LARGER.
'CAUSE THIS LINES, THE, THE SPACE WHERE THERE ARE LINES IS LARGER THAN THE SPA, THAN THE SPACE THAT THE OLD SPACE THAT IT'S COV COVERING.
AT LEAST THAT'S THE WAY IT LOOKS TO US.
UM, WELL, A AS IF YOU, IF THE BOARD WOULD LIKE IS A CONDITION OF THE APPROVAL WE CAN PROVIDE, UM, YOU KNOW, GRAPHIC EVIDENCE AND CALCULATIONS OF THE NEW DECK VERSUS THE EXISTING DECK.
YOU DIDN'T HAVE THE RED VERSION.
WE'RE GETTING MORE OURSELVES TONIGHT.
I DON'T, I DON'T, I'M, I DON'T BELIEVE THAT THAT IS NECESSARY.
IT'S, UH, CLEARLY EVIDENT ON THE SITE PLAN, THE DIFFERENCES BETWEEN THE EXISTING TO BE REMOVED AND THE NEW DECK.
BUT I, I, I WOULD DIFFER IN THE FACT THAT IF YOU SAY THE IMPERVIOUS SURFACE IS EXACTLY THE SAME, VISUALLY IT'S LARGER WITH THE NEW STAIRS THAT ARE, I BELIEVE, TO THE WELL TO THE LEFT OF THE PROPERTY FROM REAR TO FRONT.
THERE ARE DIFFERENT, BUT THE SQUARE FOOTAGE IS EXACTLY THE SAME.
THE BIG SCREEN, THE OLD DECK IS 904 SQUARE FEET.
AND, UM, AND THE NEW DECK IS 904 SQUARE FEET.
YOU CAN GO AND SEE LIKE THAT PIECE.
I, I DON'T NEED THE CALCULATIONS.
I JUST WANTED TO HEAR IT FROM YOU.
SO WE WILL NOW ADJOURN FOR OUR DELIBERATIONS AFTER WE TAKE A, UH, TEN SECOND BREAK.
ARE WE MOVING DOWN? WELL, I DON'T KNOW.
LET'S HERE, I'M COMFORTABLE HERE.
I'M JUST GONNA GO WASH MY HANDS.
THAT, THAT WAS HAL SAM THAT I SAW OUT THERE EARLIER.
MUST BE ANOTHER MEETING YOU WENT TO.
PROBABLY, LET'S LOOK AT 2314 HARTSDALE GREENHOUSES.
WHERE ARE WE AT THIS POINT? SHOULD WE TAKE A STRAW OUT? WELL, I WAS WAITING TO SEE IF THERE'S ANY OTHER COMMENTS BEFORE WE DO THAT.
WAS THERE ANYTHING THAT, I HAVE ONE WE GLEANED FROM THIS EVENING THAT I HAD ONE MINOR EPIPHANY.
SO ORIGINALLY WHEN THEY FIRST CAME TO US FOR THIS USE VARIANCE, IT WAS SO THEY COULD PROCESS AND MANUFACTURE WOOD ON THE SITE.
WHICH I WAS VERY MUCH AGAINST THAT.
[01:45:01]
NOW, SO THEY BASICALLY WANNA CONTINUE THE USE AS THE NURSERY, WHICH THEY CAN DO WITHOUT US, RIGHT? MM-HMM.AND THEY WANNA SELL THE WOOD FIREWOOD AND MULCH AND MULCH.
YOU'RE GONNA BRING IT IN AND SELL IT, WHICH IS ALMOST LIKE THEY'RE CONVERTING COMMERCIAL.
RE LIKE, I WANNA SAY IT'S ALMOST LIKE RETAIL COMMERCIAL, WHICH WE DO ALLOW OTHER NURSERIES TO DO.
RIGHT? WELL, THE, UH, ONE ON HEARTS THERE.
BUT THERE WERE, THAT'S WHY I ASKED, AND LIZ ANSWERED THERE.
WE DON'T HAVE ANYBODY THAT HAS PILES OF MULCH.
THEY WANNA PUT, PUT IT IN PILES, BUT THEY SELL IT IN BAGS.
JUST TO GO BACK TO YOUR QUESTION, THE NURSERIES THAT EXIST IN THE TOWN, PROSPERO, FORMER, FORMERLY OH, CARLSON'S.
UM, THEY ARE EXISTING NON-CONFORMING.
THEY, SO IF YOU HAD A VACANT PIECE OF LAND, YOU SOUGHT TO HAVE A NURSERY, UM, THAT WOULD NOT BE PERMISSIBLE.
SO THEY'RE EXISTING AND THE SIDE, AND DOESN'T THIS PLACE HAVE A PREEXISTING, UH, NONCONFORMING PRODUCT TO OPERATE AS A NURSERY? TO OPERATE AS A NURSERY? I'M SORRY.
THE, THE GREENHOUSE FARM USE IS, IS DIFFERENT THAN UM, THE, THE MULCH LIKE NURSERY USES THAT I'M DESCRIBING.
BUT WE WOULD CONSIDER THE GROWING OF THE PLANTS FARM.
BUT THEY'VE ALWAYS SOLD THE PLANTS.
THEY DON'T JUST WHOLESALE THEM, THEY SELL THEM.
WELL THEY, THEY'VE BEEN SELLING TO GARDENERS AND THEY SELL TO YEAH, YOU COULD GO UP AND BUY STUFF THERE.
I THINK THEY'RE MORE WHOLESALE THEM.
SO I GUESS IF, SO I GUESS MY, SO BY NOT PERMITTING THEM TO SELL WOOD, CAN WE MAKE A DISTINCTION BETWEEN VAN MACELLI WOOD AND MULCH AND SAY THE HEART, I DON'T KNOW THE NAME OF THE OTHER ONE THAT'S ON HARTSDALE.
WESTCHESTER GREENHOUSE THAT SELLS ALL KIND OF PLANTS AND THINGS.
THEY GROW, THEY SELL AND THEY SELL PIES AND APPLES AND WHATEVER ELSE.
AND THEY SELL FIREWOOD AND THEY SELL, UM, UH, MULCH IN BAGS, MULCH, GRASS, SEED, ALL THAT.
DO THEY SELL IT IN BULK? NO, IN, AS FAR AS I KNOW IN BAGS.
SO THAT'S REALLY THE DISTINCTION HERE IS THE BULK NESS, THE BULK VERSUS, WELL, WHEN YOU SEE HOW MANY BAGS OF FIREWOOD THEY HAVE AND HOW LARGE THEY ARE, YOU'RE TALKING ABOUT, YOU KNOW, A COMMERCIAL.
BUT WESTCHESTER GREENHOUSES HAS PILES OF WOOD ALSO, I BELIEVE YOU COULD DRIVE ON HARTSDALE AVENUE AND SEE PILES OF WOOD.
AT LEAST SHE USED TO BE ABLE TO, AND, AND I WOULD SAY THE BAGS OF WOOD WOULD FIT, FIT IN A TRUNK OF A CAR.
I'VE HAD WOOD DELIVERED FROM THEM.
BUT I SUSPECT THAT IT WAS, IT COMES FROM ANOTHER LOCATION.
I SUSPECT IT PROBABLY CAME FROM HARSDALE WHEN IT WAS A FAMILY ONE, ONE BUSINESS.
ALRIGHT, THAT'S, I DUNNO, I COULD GO EITHER WAY ON THIS ONE.
UM, AND MA DID REMIND ME, BECAUSE I KNOW FOR THE COUNTY, OUR ORDINANCE WITH WOOD, WE DO NOT ALLOW ANY WOODS WOOD TO COME IN.
ONLY BECAUSE HE IS ACTUALLY ACCURATE.
THE SPOTTED LANTERN FLY, THE ASIAN LONG HAUL BEETLE, EMERALD ASHWORTH AND OUR LOCAL STINKBUG ALL HAVE BEEN BROUGHT INTO WESTCHESTER VIA, NOW HE'S, THEY ARE INDICATING THAT HIS LOCAL WOOD, BUT ALL OF THOSE INVASIVE HAVE COME INTO, UH, WESTCHESTER VIA WOOD.
SO I KNOW WE AS WELL AS NEW YORK STATE, IF YOU WERE CAMPING IN ANY PARK, THEY DO NOT ALLOW YOU TO BRING YOUR OWN WOOD.
SO THAT IS A CONCERN THEN NUMBER TWO, UM, AND AGAIN, THAT'S THE ONLY REASON WHY I ASKED IF THE, IT WAS K DRIVE, 'CAUSE IT WAS KILN DRIVE THAT WOULD KILL ANY OF THE INVASIVES THAT MIGHT BE THERE.
AND THEN NUMBER TWO, THE FACT THAT IN TERMS OF THE BUSINESS MODEL, AND I DO TAKE STOCK IN THE FACT THAT THEY HAVE WORKED IN THE BUSINESS, THAT NO FINANCIAL PLAN WAS SOUGHT OUTSIDE, WHETHER IT BE FIVE YEARS OR 10 YEARS.
I DON'T, I DON'T, I DON'T QUITE GET WHAT THE DIFFERENCE IS.
[01:50:01]
THE TEST OF MEETING THOSE FACTORS,I ALSO, I MEAN, AND, AND I THINK WE DISCUSSED THIS LAST TIME, IS THE FINANCIAL PLANS OR, OR THE LACK OF INFORMATION.
UM, LIKE THEY SAID, THEY TALKED TO TWO REALTORS WHO SAID NO ONE WOULD BE INTERESTED, BUT LIKE THEY DON'T HAVE ANYTHING TO SHOW US OTHER THAN WE TALKED TO TWO REALTORS WHO SAID THEY WOULDN'T BE INTERESTED, WHICH IT'S HARD TO BELIEVE.
WELL THEY PROBABLY ARE SAYING, YOU KNOW, YOU CAN SELL THIS PROPERTY FOR WHATEVER.
AND THEY'RE, THAT'S, THEY'RE SAYING THAT'S NOT WHAT WE ARE LOOKING TO SELL IT AS.
AND THEN THEY PROBABLY COULD LEASE IT FOR A WHILE.
SO I, I'M TORN BECAUSE FROM HERE YES.
I WOULD LOVE FOR THEM TO SUCCEED.
THEY'RE GOOD PEOPLE, HARDWORKING.
UM, BUT FOR US TO MEET OUR OBLIGATIONS AS A ZONING BOARD OF APPEALS, I, UM, I DON'T THINK THEY HAVE MET NO.
THE REQUIREMENTS REQUIRED FOR US TO APPROVE THE USE VRS AND I'M NOT GONNA SLEEP GOOD TONIGHT.
I, I MEAN WE'RE BASICALLY JUST SAYING THEY CAN'T SELL THE WOOD AND THE MULCH, BUT WE'RE NOT, WE'RE NOT CLOSING THEM DOWN.
I MEAN, I UNDERSTAND THAT THEY'RE NOT, WE ARE, WE'RE TAKING THEIR WORD THAT THE ONLY WAY THAT THEY'RE GONNA BE ABLE TO SURVIVE LONG ENOUGH TO REBUILD THEIR HORTICULTURE BUSINESS IS TO SELL WOOD AND MULCH.
UM, BUT THEY HAVEN'T PROVEN TO US HOW AND WHY THAT IS THE REASON FOR THEM TO MOVE FORWARD.
I, I, LOOKING AT THE USE VARIANCE CRITERIA, TURN ON, OH, I DIDN'T REALIZE YOU LOOKING AT THE USE VARIANCE CRITERIA, I THINK ALLEGED HARDSHIP HAS NOT BEEN SELF CREATED.
THEIR VARIANCE WILL NOT ALTER THE CHARACTER OF THE NEIGHBORHOOD.
THE ALLEGED HARDSHIP IS UNIQUE AND DOES NOT APPLY TO SUBSTANTIAL PORTION OR DISTRICT OF THE NEIGHBORHOOD.
IS THAT, SO THE ONE WE'RE REALLY STUCK ON, I GUESS IS CANNOT REALIZE A REASONABLE RETURN.
'CAUSE WE'RE, WE'RE ON A USE VARIANCE NOW, RIGHT? YES.
SUBSTANTIAL SHOWN BY COMPETENT FINANCIAL EVIDENCE.
SO I MEAN, THAT SEEMS TO BE WHERE, UM, WHERE THE QUESTION COMES IN, I AND I, AND WHAT COMPLICATES IT IS THE WAY IN WHICH THEY HAVE BEEN PRESENTING, THEY ARE MAKING A MORE SUBSTANTIAL, UM, INCOME IS BY HAVING THESE TRUCKS COME IN WITH THE TREES AND THEN THEY'RE MANUFACTURING THESE THINGS THEMSELVES, WHICH MAKES A DIFFERENCE.
NOW, WHEN WE ASKED THE QUESTION, WHERE WOULD THE MULCH COME FROM? AND THAT WAS THE ONLY THING WE TALKED ABOUT WITH THE MULCH, IT COMES FROM SOME OTHER PLACE.
BUT SO ARE THEY DOING IT SOME OTHER PLACE OR ARE THEY PAYING TO GET IT BROUGHT IN? THAT'S, YOU KNOW, THAT'S KIND OF NOT IN HERE.
IT IT, I MEAN THAT'S, I MEAN, BUT I'M SAYING IT, IT, IT JUST, IT ALL COMES TO MONEY.
IT'S, WELL, I CANNOT REALIZE A REASONABLE RETURN.
I, I, IT DOESN'T SEEM LIKE ANY OF US ARE QUESTIONING THAT THEY CAN'T MAKE A REASONABLE RETURN THAT'S ANY USE WITHOUT ADDING SOMETHING.
AND WHAT THEY'RE SAYING IS, WE CAN SURVIVE IF YOU LET US ADD THESE ISSUES.
IF YOU GIVE US THE USE VARIANCE.
AND THAT'S, THAT'S KIND OF THE WAY I'M LOOKING AT IT, IS TRYING, YOU KNOW, I I FEEL LIKE YOU, IT'S, IF THERE'S PART OF THE QUESTION YOU'RE SAYING IS YOU NEVER WANT TO BUSINESS TO GO UNDER.
BUT I, READING THESE, 'CAUSE I'M, I'VE LEARNED MY LESSON AND I NOW READ THEM.
I, I FEEL THAT THEY HAVE MET THAT I, THEY REALLY CAN'T REALIZE A REASONABLE RETURN WITHOUT THIS, WHETHER CAN THEY REALIZE A REASONABLE TURN WITH IT.
SO I, I THINK THE DIFFERENCE IS, SORRY,
[01:55:01]
IS IT'S, IT'S A LAND USE VARIANCE.IT'S NOT A, PEOPLE USE VARIANCE, SO CAN THE LAND, THEY GET A REASONABLE RETURN.
LIKE THEY, THEY COULD SELL IT, THEY COULD DO OTHER THINGS.
SO REMEMBER THIS IS FOR THE LAND THEY COULD TURN AROUND TOMORROW AND SELL IT WITH THE, THE VARIANCE.
THAT'S WHERE LIKE, IT'S, IT'S MY HEARTSTRINGS.
LIKE I, LIKE I I, YOU KNOW, BUT IT'S ABOUT THE LAND.
I I I HEAR YOU AND I KNOW WE'VE MENTIONED THAT AND I I'VE UNDERSTOOD THAT.
BUT IN A SENSE, COULDN'T WE SAY THAT ABOUT ALMOST EVERYTHING THAT NO MATTER, YOU KNOW, IF YOU WANNA MAKE YOUR DRIVEWAY RIGHT, OR YOU KNOW WHAT, YOU CAN GET MORE MONEY FOR YOUR, YOU KNOW, I, I DON'T KNOW.
I'M JUST SAYING THERE'S SO MANY YOU COULD SAY THAT WITH ANY UNDEVELOPED PROPERTY PARCEL, I GUESS.
UM, SO I THINK THAT'S ALMOST TOO BROAD A WAY TO SAY, COULD YOU KICK EVERY ANYBODY OFF THEIR LAND AND SELL IT TO A DEVELOPER? THEY'RE ASKING FOR A USE VARIANCE VERSUS AN AREA VARIANCE.
SO THE, I DON'T, I DON'T, YOU KNOW WHERE I STAND
THEY'RE, THEY'RE OPERATING AT A $200,000 ANNUAL LOSS AND THEY HAVEN'T PROVEN FINANCIALLY HOW SELLING WOOD, FIREWOOD AND MULCH IS GOING TO TAKE THEM FROM THE RED TO THE GREEN.
THEY, THEY HAVE NOT MET THE SUBSTANTIAL, AS SHOWN BY COMPETENT FINANCIAL EVIDENCE.
THAT PART THEY DIDN'T MEET WELL IF THEY DON'T MEET ANY PART COMPLETELY, THEY DIDN'T MEET THAT COMPLETELY TO GRANT THEM THE USE BEARING.
UM, I JUST THINK THEY MAY NOT BE SOPHISTICATED ENOUGH.
I THINK THAT'S WHERE THE LAWYER MAY HAVE FAILED THEM.
YOU'VE BEEN IN BUSINESS ALL THESE YEARS AND YOU DON'T, YOU'RE NOT SOPHISTICATED ENOUGH.
THEY HAVE A VERY GOOD ATTORNEY REPRESENTING A GOOD ATTORNEY.
I I, I HAVE TO SAY, I, I WAS STRUCK BY WHEN I, SHE WENT INTO THE ORGANIC THING AND I SAID, WELL, CONSIDERING WHICH SHE THE LAWYER OR THE, THE ATTORNEY BROUGHT YEAH, YEAH, YEAH.
AND I'M SAYING TO MYSELF EVEN THAT YOU COULD USE AS AN EXAMPLE OF HOW, YOU KNOW, SOME TYPE OF HARDSHIP, BUT THEY, THEY JUST SKIPPED OVER IT.
THEY WANNA DO WHAT THEY WANNA DO HERE.
THEY'RE NOT GONNA DIG UP THE LAND TO MAKE IT ORGANIC AND FARM.
THEY, THEIR, THEIR SETUP IS ON THESE, YOU KNOW, THINGS THAT ARE UP IN THE AIR, DIRT, ORGANIC, DIRT, WHATEVER IT IS YOU PUT IN PLANT.
I MEAN, WE DON'T EVEN KNOW IF THEY'RE DOING VEGETABLES OR JUST FLOWERING PLANTS.
I DON'T KNOW IF PEOPLE BUYING ORGANIC PLANTS, BUT THEY PROBABLY ARE SOMEWHERE.
BUT I, I ALSO DO, BUT YOU CAN BUY THEM AT THE BOX STORES.
SO THE THING IS, AREN'T ONE AT THE BOX ORGANIC PLANTS.
AND I WAS TRYING TO BE A LITTLE LEADING WITH THAT QUESTION THAT IF THERE IS A PLAN, LIKE FOR EXAMPLE, PEOPLE COME TO US FOR AWNINGS, FOR GAS STATIONS OR WHATEVER.
THEY ARE SAYING FINANCIALLY, LIKE ON A RAINY DAY, JOE MAKES MORE THAN I DO 'CAUSE PEOPLE PULL IN BECAUSE THEIR CAR IS UNDERCOVER.
SO ON ANY GIVEN RAINY DAY, THERE'S 30% RAINY DAYS IN WESTCHESTER, THOSE ARE DAYS THAT I LOSE OUT ON CUSTOMERS.
SO THEY GO INTO MY NEIGHBOR 'CAUSE HE HAS ANOINTING.
THERE IS, THERE WAS A WAY TO TAKE THAT WHOLE ORGANIC FARMING AND CRE IF IT'S GONNA TAKE A 10 YEAR MODEL PLAN TO GET THE ORGANIC BUSINESS PLAN UP OFF THE GROUND, THAT'S A, THAT'S A BUSINESS MODEL.
AND THAT ALONE IN AND OF ITSELF WOULD JUST STAND AND SAY, LOOK GUYS, THIS IS WHAT I NEED.
IT'S WHY I'M ASKING FOR 10 YEARS.
MATTER OF FACT, I DON'T, A MATTER OF FACT, IF I HAD SPOKEN TO A PARTICULAR MARKETING FIRM OR DEVELOPMENT FIRM, THEY SAID, YOU KNOW, ACTUALLY IT'S NOT EVEN THAT, YOU KNOW, I WANT THE SHARK TANK.
THEY SAY, OH NO, WE CAN DO IT IN 3, 3, 3 MONTHS.
YOU KNOW, IN THREE MONTHS WE'LL GET YOU YOUR CERTIFICATION AND YOU'RE NOW AN ORGANIC PLANNER.
LIKE WHAT IS THE JUSTIFICATION? IS THERE A ORGANIC ORGANIZATION THAT CAN GO TO RIGHT NOW, LOOK THEM UP AND THEY SAY, OKAY, AVERAGE ORGANIC FARM TAKES 10 YEARS TO GET OFF THE GROUND.
OR DOES IT TAKE 10 WEEKS TO GET CERTIFICATION? WHAT FORMS DO THEY NEED THIS MUCH MONEY? RIGHT.
DO I'M GONNA SELL THIS IT'S THOUSAND MULCH SO I CAN I I, YOU KNOW, I TRIED TO LEAD YEAH.
AND THEY AND THEY DIDN'T TAKE IT.
SO, UM, I HAD TOLD CHRISTIE BEFORE THAT I WANTED TO APPROVE THE USE VARIANCE, BUT I CAN'T SEE HOW WE CAN IN GOOD FAITH MEET OUR OBLIGATIONS AS A ZONING BOARD OF APPEALS AND NOT HAVE THEM MEET
[02:00:01]
ALL THE REQUIREMENTS NEEDED TO GRANT A USE VARIANCE.AND I WILL SHOCK YOU ALL BY SAYING THAT, HAVING SPOKEN TO ALL OF YOU TONIGHT, AND I'VE LISTENED TO THE LAST FEW MONTHS, AND I KNOW DIANE'S BROUGHT THIS UP AND YOU BROUGHT THIS UP TOO.
WE'VE ASKED NUMEROUS TIMES, AND YOU MAY BROUGHT UP, WE'VE ASKED NUMEROUS TIMES, SHOW US THE NUMBERS AND WE HAVEN'T REALLY GOTTEN THAT.
AND, AND WE GAVE THEM ONE MORE CHANCE AGAIN LAST TIME BECAUSE WE ALL FEEL OUR HEART STRENGTHS.
AND WE WANNA GIVE IT TO THEM SWITCH.
SO I'M NOT SURE I CAN, IF IF SOMEBODY'S BEEN GIVEN AND ASKED FOR THE NUMBERS AT LEAST FOUR TIMES AND NOT GIVEN THEM WITH ALL THE TIME, I'M NOT SURE I CAN APPROVE THAT.
AND THEY'VE ASKED FOR ADJOURNMENTS WITH, WITH WITHIN, WHICH WE WOULD'VE FELT THEY'D HAVE SPENT THE TIME TO PUT THE, ALL THE INFORMATION TOGETHER THAT'S NEEDED.
I'LL, YOU WANT ME, YOU, YOU YOU HELPED ME DECIDE.
SO ARE WE GONNA TAKE A VOTE? YOU KNOW, A VOTE? I DON'T, I DON'T KNOW WHAT ELSE WE CAN GIVE THEM AT THIS POINT.
THEY HAVEN'T GIVEN US NUMBERS.
UM, I MEAN THEY CAN CERTAINLY EXPLORE OTHER THINGS, BUT WHAT THEY'RE TRYING TO GET US TO APPROVE IT, YOU KNOW, THEY HAVEN'T MET THE TEST.
UM, HOW LONG HAS IT BEEN A YEAR? YEAH.
AT LEAST NOW SINCE 20 MARCH OF 23, SOMETHING LIKE THAT.
IS THE BOARD PREPARED TO TAKE A STRAW POLL? YES.
DO YOU WANT TO GO DOWN THAT LINE? WANNA START THIS WAY? YEAH.
YOU FRENCH STARTS ON THIS SIDE.
WE'LL RECOMMEND YOU CLOSE THAT FOR DECISION.
JUSTIN AND ELIZABETH LEE, WHICH IS ANOTHER ONE THAT, UH, I I I I'M JUST NOT GETTING, AND IT HAS NOTHING TO DO WITH THE ADDITION NECESSARILY, BUT I THINK THE ADDITION IN THE WAY THEY'VE DONE IT TO ME MAKES IT EVEN MORE, UH, ONUS ON THE, THE PROPERTY THAT ADJOURNS THEIRS.
I, I DON'T, IT'S ALL ABOUT THE BREEZEWAY AND I DON'T UNDERSTAND THE BREEZEWAY SIZE.
THEY WANTED TO HAVE THE GARAGE SO THAT THEY COULD PUT, UH, THE TRACTORS IN IT OR WHATEVER, LAWN EQUIPMENT AND OTHER THINGS, WHICH MOST PEOPLE LIKE TO HAVE.
YOU KNOW, YOU DON'T WANT 'EM SITTING OUT ALL, ALL WINTER.
BUT THEY'D MAKE THE GARAGE SMALL, BUT THEY STILL HAVE THAT BREEZEWAY AND PUT AN ENORMOUS BATHROOM ABOVE IT.
OF THE 25 FEET THAT'S SUPPOSED TO BE CLEAR, IT'S KIND OF ONE THING TO PUT A SMALL LOW GARAGE.
BUT TO PUT THIS HIGH STRUCTURE, VERY HIGH STRUCTURE, VERY BIG, UM, IN WHAT SHOULD BE OPEN SPACE IS JUST, I THOUGHT THEY WENT THE OPPOSITE DIRECTION OF WHAT WE ASKED.
AND THE SIMPLE, AND THE SIMPLEST WAY THAT I LOOK AT IT, I'VE WORKED WITH SOME MARKETING COMPANIES IN THE PAST AND THERE'S SOMETHING ABOUT THE CREATIVE PROCESS THAT ONCE YOU KIND OF CREATE SOMETHING THAT THAT'S IT.
LOOKING AT THE PROPERTY AND LOOKING AT THE DESIRED RESULT, THERE ARE A MULTITUDE OF ALTERNATE PLANS THAT WOULD ADDRESS EXACTLY WHAT THEY WANT.
THEY COULD ACTUALLY PROBABLY GO A LITTLE LARGER.
[02:05:01]
UM, AND IT WOULD, IT WOULD ENCAPTURE EVERYTHING THAT THEY WANT IF THEY JUST MADE SOME DIFFERENT MODIFICATIONS.SO AT THIS POINT WE'VE, WE'VE ALREADY ASKED THEM TO COME BACK TO US AND THEY DID.
AND IT'S STILL THE THIRD TIME THE SAME? I DON'T AT THIS POINT, I WOULD BE PREPARED TO VOTE NO.
IS THIS THE THIRD TIME OR THE SECOND TIME? THIRD.
ANY OTHER COMMENTS? I THINK YOU'VE GOT THREE NOS, SO IT'S NOT GONNA PASS.
THAT'S NO, I, I MEANT WAITING FOR, I WAS COUNTING.
YOU DO SOMETHING THAT MIGHT GIVE ME A BASIS TO APPROVE IT, BUT THEY HAVEN'T.
AND I ACTUALLY LIKE THE SECOND FLOOR ADDITION.
IT JUST COULD BE DONE DIFFERENTLY.
I SAID I ACTUALLY LIKE THE ADDITION THE WAY IT WAS LAID OUT, BUT IT COULD BE DONE DIFFERENTLY.
I DON'T HAVE THE PROBLEM WITH THE HEIGHT.
I JUST HAVE THE PROBLEM WITH THE FACT THAT IT'S, YOU KNOW, THEY COULD DO SOMETHING THAT IT'S NOT TO REDUCE THE VARIANCE SO IT'S NOT AS CLOSE TO THE PROPERTY LINE.
UM, AND JUST LIKE ANOTHER CASE WE'RE DEALING WITH OWNERSHIP CHANGES.
YOU MAY BE IN AGREEMENT WITH YOUR NEIGHBOR.
YOU'RE BUILDING YOUR HOME DIRECTLY ON THE PROPERTY LINE.
NOW I DON'T GET ALONG WITH MY NEIGHBOR, THE NEW ONES THAT MOVE IN.
WHY ARE YOU ON MY PROPERTY? RIGHT? SORRY, I'M PUTTING UP DRIVEWAY'S D I'M PUTTING UP MY FENCE.
YOUR DRIVEWAY'S THERE ALREADY THOUGH, RIGHT? RIGHT.
I MEAN, IT'S A DRIVEWAY, YOU KNOW, SO THAT HAPPENS OCCASIONALLY.
RIGHT? BUT THE ACTUAL STRUCTURE, THERE'S NO DISTANCE BETWEEN YOUR STRUCTURE AND MY PROPERTY LINE.
UM, FROM, FROM A DESIGN POINT OF VIEW, UH, THEY PROBABLY WANT THE BREEZEWAYS SO THAT THEY DON'T HAVE TO WALK ALL THE WAY AROUND THE HOUSE OR AROUND THE GARAGE TO GET INTO THE BACKYARD.
IS THERE OTHER WAYS OF DESIGNING IT IT SO THAT YOU CAN TWO FEET DO THE SAME THING? HOW OFTEN ARE THEY GONNA DO THAT? I'M SORRY, WHAT WAS THAT? HOW OFTEN DO PEOPLE DO THAT? DO WHAT? GO FROM THE DRIVEWAY TO THE BACKYARD WHEN YOU'RE HAVING A BIG PARTY AGAIN.
HOW OFTEN?
BUT THE ISSUE IS, I MEAN IT'S THE, THE, THE POINT IS, IS THAT IF THAT'S WHAT THEY WANT TO DO, RIGHT, THEY SHOULD HAVE A RIGHT TO DO SO.
BUT THAT DOESN'T MEAN THAT THE PLAN THAT THEY'VE COME UP WITH IS THE ONLY WAY TO MM-HMM.
UM, I THINK A LITTLE BIT MORE CREATIVITY, AND I HATE TO SAY THIS, BUT WILLIAM ON A PIECE OF PAPER CAME UP WITH, I THOUGHT A PRETTY GOOD ALTERNATIVE.
UM, THAT GIVES THEM THAT EXACT THING.
HE'LL GO, HE TURNS IT ON AN ANGLE.
WE WERE WORRIED ABOUT THE INCLINE OF THE DRIVEWAY COMING IN.
IF THEY WERE TO TAKE THAT EXACT STRUCTURE AND CAT CORNER IT, THEY COULD STILL HAVE A SMALLER BREEZEWAY AND THEY COULD EXTEND THAT PROPERTY BECAUSE NOW EXTENDING SOMEWHAT TOWARDS THE BACKYARD VERSUS DIRECTLY TO THE PROPERTY LINE.
SO INSTEAD OF THIS WANNA OFFER ONE MORE OPPORTUNITY FOR THEM TO COME BACK WITH AN ALTERNATIVE.
IF WE JUST DENY IT, CAN THEY DO WHAT YOU'RE SUGGESTING WITHOUT THE VARIANCE? SO THEY DON'T TO COME BACK? THEY COULD.
BECAUSE THE FRONT IS STILL TOO CLOSE TO THE PROPERTY.
THEY PROBABLY STILL TOO CLOSE A SMALLER CORNER HERE.
HOW WOULD THEY GET FROM THE MAIN HOUSE INTO THAT NEW, THEY WOULD STILL HAVE THEIR LITTLE BREEZEWAY.
YOU WOULD JUST TAKE, BUT ON THE SECOND FLOOR, LIKE I SAID, I WOULD GIVE THEM WHATEVER EXTENSION, JUST LET THEM DECIDE IF THEY, IT CAN BE DECIDED IF, IF THEY, WE JUST END TONIGHT BY ENDING.
THE POINT IS, IS THAT EVERYONE HERE SEEMS TO FEEL STRONGLY THAT THE OWNERS OF THE PROPERTY SHOULDN'T BE ABLE TO HAVE WHAT THEY WANT TO HAVE.
IT'S NOT WITHIN THE, IT SOUNDS LIKE TO ME IT, I DON'T WANT, I DON'T WANT THEM TO, TO HAVE WHAT THEY WANT AS THEY ARE DESIGNING IT.
AT THE EXPENSE OF DESIGNING LAWS AND THEIR NEIGHBORS.
I JUST THINK IT'S TOO, WELL I DON'T THINK THERE WERE ANY NEIGHBORS WHO WERE PERSONALLY I DON'T HAVE A PROBLEM WITH IT.
[02:10:01]
THAT'S JUST, I, I, UM, I ALSO, BUT YOU ALL HAVE TO KNOW THOSE PROBLEM WITH IT BECAUSE THEY'RE GONNA NEED A VARIANCE ONE WAY OR THE OTHER.I'M JUST SAYING THAT THEY COULD PROBABLY COME UP WITH A BETTER SOLUTION.
THEY CAME UP WITH WHAT SEEMS TO ME A VERY SIMPLE SOLUTION, WHICH WAS TO MAKE THE GARAGE SMALLER.
WHICH IF YOU EVER TRY TO PUT TWO CARS INTO A SMALL GARAGE RIGHT.
YOU REALIZE THAT THAT'S REALLY THE WRONG DIRECTION TO GO
SO TO EVE'S POINT, INSTEAD OF REDUCING THE DRIVE, TRY OPENING THE DOOR, OPENING THE GARAGE THE OTHER DOOR, WHY NOT REDUCE THE BREEZEWAY, WHICH IS SIX FEET WIDE, TAKE TWO, THREE FEET OFF OF THAT.
AND YOU STILL HAVE HALLWAY EVERYTHING YOU WANT.
YOU JUST NEEDED TO GET THROUGH BACK THERE.
THAT'S WHAT WE ASKED THEM TO DO.
AND THAT'S NOT WHAT THEY CAME BACK WITH.
AND HOW ELSE DO YOU GET TO THE BACKYARD? YOU WALK 22 FEET ACROSS THE GARAGE AND GO BACK LIKE MOST PEOPLE DO.
THAT CONCEPT THAT YOU DID THOUGH DOESN'T AFFECT ANY.
LIKE THAT'S BECAUSE I KNOW THERE'S THAT POND IN THE, I DON'T KNOW WHAT WETLAND BUFFERS AND THINGS THAT THEY ACTUALLY I WAS LOOKING FOR THE PLAN THAT HERE I UNDERSTAND THAT THEIR ARCHITECTS, THAT'S WHAT THEY DO.
WELL, WELL WE'VE HAD AN ARCHITECT SAY THAT THERE ARE OTHER WAYS IT COULD BE DONE.
AND WHAT, WHAT THEY WERE SAYING IS THAT LOOKING AT THE PROPERTY FROM FRONT TO REAR, FROM RIGHT, FROM LEFT TO RIGHT, FROM THE FRONT THAT THERE WAS MORE ROCK OUT PROPERTIES OR WHATEVER TO THE RIGHT OF THE PROPERTY.
I MEAN TO THE LEFT, TO THE RIGHT.
LOOKING AT THE RIGHT OF THE PROPERTY.
DON'T KNOW THAT IT'S FACTUAL OR NOT, BUT THEY HAVE 30 FEET BETWEEN THE APPEARS TO BE A PROPERTY LINE TO THE POND.
SO THERE'S 30 FEET JUST BEFORE YOU EVEN GET TO THE HOUSE.
AND IN BETWEEN THE HOUSE AND THE QUOTE UNQUOTE NEW GARAGE IS ROUGHLY, I GUESS ANOTHER 10 FEET.
UH, WE'RE NOT GONNA SIT HERE AND IT'S NOT OUR BUSINESS UP TO SOLVE THIS.
COME UP WITH DESIGN THEIR PROBLEM.
WELL, I'M JUST SAYING IS THAT, IS THE WAY THAT THEY HAVE CONFIGURED THIS GARAGE, DID THEY HAVE TO DO IT THAT WAY? I DON'T REMEMBER.
WE PROBABLY DISCUSSED THIS BECAUSE OF A, THE POND.
LIKE DOES THERE HAVE TO BE A CERTAIN DISTANCE BETWEEN A STRUCTURE AND THE POND? I BELIEVE SO.
LIKE THERE'S WETLANDS BUFFERS, RIGHT? SO THEY, I DON'T KNOW IF THEY COULD HUNDRED FEET.
SO THEY DON'T, IT'S NOT EVEN, BUT THERE'S NOT EVEN A HUNDRED FEET HERE ON THE DRAWINGS.
UM, OH, SO THEY GOT A WAIVER FOR THAT.
SO THAT'S PROBABLY WHY THEY HAVE IT.
LIKE THEY HAVE IT BECAUSE THEN THEY'RE GONNA BE IN THE WILDLIFE BUFFER.
I DON'T, I ACTUALLY THINK IS THIS, DO YOU GUYS REMEMBER THREE MEETINGS? 'CAUSE I ONLY SEE DECEMBER.
IF YOU WANNA GIVE ANOTHER SHOT, GIVE ANOTHER SHOT.
WHO SAID NO? I MEAN I WOULD APPROVE THIS, SO, BUT IF YOU HAVE ALL NOS, BUT ME, I JUST FEEL LIKE WE'RE NOT SAYING NO.
I'VE DIFFERENTLY THAT WE SAID LAST TIME YOU AND I WOULD'VE APPROVED, WOULD'VE APPROVED IT.
WELL, YOU WOULD'VE APPROVED IT EVEN WITH THE AS IS AS THEY DESIGNED IT NOW.
WELL, IT'S NOT MY HOUSE, WILLIAM.
I WOULD'VE DONE A DIFFERENT I WOULD'VE, WILLIAM, JUST TO YOUR QUESTION, WHAT WE, WHAT WOULD WE ACCOMPLISH BY GOING BACK AND SAYING PRETTY MUCH EXACTLY WHAT WE SAID LAST TIME? I THINK WE'RE JUST TRYING TO GIVE 'EM ANOTHER OPPORTUNITY.
REDUCE THEY BREEZE, THEY LOSE HIM FIRST TIME.
CAN WE SAY IT THAT I THINK SOME OF WHAT THEY WERE SAYING, I SAID EVEN.
OKAY, SO YOU USE THAT AS SPACE.
LET'S SAY YOU DIDN'T GET THE VISUAL FROM THE STREET.
THEY WERE SAYING THAT THERE'S AN OUTCROPPING AS TO MAKE THAT TURN TOWARDS THE DRIVEWAY.
SO MAYBE IT COULDN'T COME STRAIGHT DOWN.
WHAT IS ARE YOU LOOKING LIKE IN TERMS OF THE VARIANCES THAT THEY'RE QUESTIONING? YOU WANT THAT ZERO TO BE LIKE HOW MANY FEET? I THINK FOR ME, THE BIGGEST THING IS THAT THE ACTUAL STRUCTURE IS ON THE PROPERTY LINE.
AND IN OUR, AS WE ARE GROWING, BECAUSE SOMEONE FROM ANOTHER MISS VALLEY ASK ACTUALLY ASKED ME THE QUESTION, WHAT I THOUGHT ABOUT WHAT OUR GOVERNOR'S PROPOSING ABOUT GARAGES.
BUT WHAT SHOULD HAPPEN NOW THAT I WANT TO INCREASE MY GARAGE, WHICH NOW THERE WAS
[02:15:01]
I IN AN R SEVEN FIVE ARGUMENT'S SAKE THAT I WANNA PUT MY HOME WITHIN TWO FEET OF HER HOME.JUST BECAUSE WHAT IS THE PRECEDENT AS TO WHY WE SHOULD DO THIS WHEN THERE MAY BE AN ALTERNATIVE SOLUTION? WELL, BECAUSE THEY ALREADY, SO THEY ALREADY REDUCED IT BACK.
SO LIKE THEY, FROM THEIR POINT OF VIEW, ADDRESSED THAT VARIANCE.
IT'S NOT, YOU KNOW, BUT THEY DID MOVE IT BACK.
HOWEVER, I JUST DON'T THINK IT'S ENOUGH.
THEY DIDN'T PERSONALLY DIDN'T.
SO YOU DON'T THINK IT'S ENOUGH? SO, BUT IS IT THE ZERO? LIKE ARE WE LOOKING FOR THEM TO MAKE, SHAVE OFF THE DRIVEWAY AND MAKE IT TOO, THE DRIVEWAY DOESN'T BOTHER ME BECAUSE WE HAVE A LOT OF ADJOIN OR THERE'S A LOT OF HOLES.
THIS IS THE HUNT STRUCTURE IS ON THE PROPERTY LINE.
AND HOW, HOW, WHAT IS THE VARIANCE THAT THEY'RE ASKING FOR IT? ASKING FOR ZERO.
I THOUGHT THAT WAS JUST THE DRIVEWAY.
IT'S, WHAT IS IT, 15 FEET I THINK.
SO I DON'T KNOW HOW TO SAY THAT.
IT'S NOT TWIST YOUR TONGUE, I MEAN, OKAY.
NO, I JUST, THAT'S, THAT'S, THAT'S MY ONLY RATIONALE.
SO WHAT WOULD BE AN APPROPRIATE, I MEAN, I'M TELLING YOU WANT THEM TO COME BACK.
WELL, YOU'RE SAYING LET'S GIVE THEM ANOTHER CHANCE.
I'M WILLING TO GIVE THEM, I'M TRYING TO GIVE THEM, BUT IF, BUT I'M AN IDEA OF WHAT YOU, AN IDEA OF THERE MAY BE ANOTHER ISSUE.
BUT THERE MAY BE ANOTHER ISSUE IS THAT IF THEY HAVE TO GO BACK BEFORE PLANNING, BECAUSE NOW CHURNING THAT STRUCTURE BRINGS THE BREEZEWAY IS EIGHT FEET WIDE.
SO WHAT'S AN ACCEPTABLE YARD SETBACK BESIDES 25? IT DEPENDS ON WHAT YOU, 25.
IT DEPENDS ON WHAT YOU'RE WORKING WITH AND WHY YOU CAN'T MAKE IT ANY LARGER.
SHE SAID IT'S EIGHT FEET WIDE.
THE, THE BREEZEWAY EIGHT PLUS TO FIVE IS 15, 15 FROM 25, 13 TO ME.
SO, UM, I DIDN'T LOOK THAT CLOSELY AT THE PLAN.
BUT THE EIGHT FOOT WIDE BREEZEWAY IS WHAT ALLOWS FOR A HUGE BATHROOM.
IS THAT WHAT I'M NOT WORRIED ABOUT.
AN EIGHT FOOT SPACE THAT CREATES THE BREEZEWAY.
THEY CREATED ANOTHER BATHROOM HERE AND THEY CREATED A MASTER SUITE.
THIS WAS A, A DECK AT AN OFFICE.
I DON'T KNOW WHY THEY DID THAT.
SO THEY CREATED AGO A MASTER SUITE FEW WEEKS AGO.
BUT THE WIDTH OF IT, I HATE WHEN PEOPLE, THIS IS THE WIDTH OF THE BREEZEWAY.
I KNOW IN THE LAST MEETING I WAS ABLE TO SEE FROM MY COMPUTER.
SO, SO THEY CREATED A BATHROOM THAT'S EIGHT FEET.
THEY CREATED SOMETHING LIKE A 14 FOOT WIDE BATHROOM.
COULD YOU GO DOWN AND SEE THE POND? IT'S A MASTER BATHROOM.
THERE'S YOUR TUB, THERE'S YOUR SHOWER, THERE'S YOUR TWO SINK.
IT'S A GREAT TUB AND A LOT OF ROOM AROUND THERE.
BUT THERE'S NO REASON WHY YOU CAN'T DO THAT.
THEY CAN HAVE THE BATHROOM, YOU CAN ROLLER IN IT.
I, I THINK WE'RE SPENDING WAY TOO MUCH MORE THAN I JUST, THEY ARE, THEY COULD STILL, WHAT ARE WE LOOKING AT UP THERE? WELL, I DEFER TO YOU ALL 'CAUSE OH, 30 FOOT OR WHATEVER.
WHAT IS THAT? I THINK IT'S, WE'RE HAVEN'T HIT IT.
NOW THIS, I THINK THIS IS BLUEBERRY.
SO THIS IS THEIR, I MENTIONED THAT TO THEM ALSO.
WE'RE GIVING THEM ANOTHER SHOT.
IT'S UP TO, I, I, I DON'T, I DON'T, LIKE I'VE SAID WHAT I'VE SAID.
I I'M NOT SAYING THAT YOU CAN'T GIVE 'EM ANOTHER SHOT.
I MEAN, OBVIOUSLY THEY DON'T WANT TO TAKE THE SHOT THAT WE'VE BEEN GIVING THEM.
SO YOU SENT BACK AGAIN, THAT SENDS A REALLY STRONG MESSAGE IF IT IS EXACTLY THE SAME OR THAT WE'RE WILLING TO GIVE THEM CHANCES EVEN WHEN THEY DON'T LISTEN TO US.
SO IT SOUNDS LIKE YOU WANT GIVE THEM ONE MORE SHOT.
WE'LL SEND ANOTHER LETTER, RIGHT? YES.
[02:20:02]
TAKE THIS ONE BACK.SO IF THEY WANTED TO, THEY CAN, THEY CAN SEE OUR DISCUSSION.
WE CAN SEND THEM BACK TO THAT'S WHY WE GOT THESE LOG.
YEAH, I KNOW, BUT, OKAY, DRIVEWAY.
ALL RIGHT, NOW WE GO TO THE DRIVEWAY.
I JUST WANNA SAY WHICH DRIVEWAY.
EXCEPT I HATE, I HATE THAT, BUT IT'S NOW UGLY.
AND IT, IT ACTUALLY, OKAY, I, THIS, THIS IS 10 HOUSES AWAY FROM ME.
I DROVE BY THERE ON MY WAY AND I TOOK A PIC.
WHAT DOES NOT LOOK BAD? THE CIRCULAR DRIVEWAY AS IT EXISTS.
AND SO WE'RE TRYING TO TELL THEM TO, DOES IT COME RIGHT NEXT TO THE PROPERTY LINE? I JUST DON'T LIKE THAT HALF THING.
SO IS THERE A WAY I DIDN'T HAVE A PROBLEM WITH THE CIRCULAR DRIVE TO BEGIN WITH.
YEAH, I, I WOULD'VE VOTED YES ON THAT ONE, BUT I DON'T THINK, I THINK A LOT OF OTHER PEOPLE SAID NO.
I, THE ONLY THING I'LL SAY IS THAT IN THE ORIGINAL ARGUMENT, WHICH CHANGED TODAY, WHICH IS FINE, THE STATEMENT WAS IT WAS ORIGINALLY CREATED BY HIS FATHER WHO NO LONGER LIVES WITH HIM RIGHT NOW, TODAY, HIS FATHER'S NINE THREE, WHICH TO ME IS A TEMPORARY USE.
SO THAT, SO NO, WHEN I SAY TEMPORARY USE, MEANING IT HAS CHANGED FROM WHAT WHOLE TEMPORARY.
SO IS THERE A WAY THAT WE CAN JUST LET HIM KEEP IT AS IS FOR THE NEXT LIKE, COUPLE YEARS WHEN HE NEEDS IT AND THEN 10 YEARS MAKE IT GO, THEN HE CAN LIKE, TAKE IT AWAY.
IS THERE TEMPORARY THAT WE CAN GIVE HIM? YOU KNOW, WE'VE, THE IDEA OF THE CIRCULAR DRIVE WAS TO DRIVE HIS FATHER TO THE DOOR.
UNDER THIS PLAN, HE CAN DRIVE HIS FATHER TO THE DOOR.
YOU MEAN THE NEW PLAN? NO, THE NEW PLAN.
SO THE OLD PLAN JUST HAD HIM TAKE MORE LAWN STAY.
WELL, IT NEEDS SOME LANDSCAPING.
IF YOU COULD PUT MAYBE HEDGES IN FRONT OF IT SO THAT YOU WOULDN'T, IT LOOKS LIKE IT.
IT LOOKED LIKE A, A PAVED PARADISE, YOU KNOW? BUT I THINK IF, I THINK IF YOU, I, IF YOU ASK THE NEIGHBORS, THEY'D BE LIKE, YOU KNOW, THAT LOOKS HORRIBLE.
WHEREAS THE CIRCULAR DRIVEWAY IS LEAST THIS AESTHETICALLY PLEASING.
I I I CAN CUT THIS A LITTLE SHORT.
I THINK WE SHOULD HAVE IT COME BACK BECAUSE THE PICTURES THAT HE SHOWED, I COULD NOT DEFINE THAT THEY SUPPORTED WHAT HE WAS TRYING TO GET ACROSS.
I DO SEE CIRCULAR DRIVEWAYS, BUT YOU HAVE TO HAVE THE LAWN SO THAT IT LOOKS APPROPRIATE.
COULD YOU JUST PASS THE I JUST DIDN'T SEE THAT I TOOK PICTURES ON HIS LAWN COMPARED TO WHAT HE WAS TRYING TO PICTURE DEMONSTRATE TONIGHT IF YOU WOULD LIKE TO SEE OF EVERYBODY'S, NO, NOT HIS.
'CAUSE HE WAS USING THEM AS EXAMPLES.
AND I'M SAYING IF YOU'VE GOT A HUGE, YOU KNOW, EXPANSIVE LAWN, SURE YOU CAN HAVE CIRCULAR DRIVEWAYS.
THE ONE ON CORNELL DOES NOT, IT DOESN'T HAVE THIS.
ACTUALLY THE LAWN IS PRETTY BIG.
'CAUSE THE, 'CAUSE IT'S UP ON A HILL.
THE FRONT YARD GOAT SLOPES DOWN.
IT'S NOT, IT'S HIS FOR THE NEIGHBORHOOD.
HE HAS A DECENT SIZED POT LAWN.
PEOPLE DON'T HAVE LARGE LOTS IN THIS NEIGHBORHOOD.
UNLESS YOU ARE ORDERING THE, THE WOODS AREA.
I JUST DUNNO, HOW WOULD YOU WRITE THIS ONE UP? WHAT'S, THERE YOU GO.
THAT'S WHY I HAVEN'T SAID ANYTHING.
HOW WOULD YOU WRITE THIS ONE UP? HOW WOULD I WRITE IT UP? AS AN APPROVAL? YEAH.
WHAT ARE THE CONDITIONS FOR WHY YOU'RE APPROVING THIS? RIGHT.
WELL THAT'S 'CAUSE HIS EXISTING DRIVEWAY.
AND IF YOUR ONLY ARGUMENT IS BECAUSE I WANNA GET MY ELDERLY PARENT TO THE FRONT DOOR, THEN I'VE AT IT WITH EVERYONE THAT MAY WANT THAT.
LIKE YOU CAN PARK ON THIS STREET, RIGHT? DURING THE OH YEAH.
THERE'S, THERE'S NO TRAFFIC, THERE'S NOTHING, THERE'S NOTHING LIKE, IT'S NOT LIKE ON THE FORT HILL ONE WHERE THEY HAD FORT HILL,
[02:25:01]
THE PARKING AND ALL OF THAT.FORT HILL IS A DIFFERENT ARGUMENT.
I'M NOT SAYING I'M A HUNDRED PERCENT AGREEMENT WITH THE FULL DESIGN OF IT, BUT THE RATIONALE FOR WANTING TO BE ABLE TO GET IN AND OUT MAKES GREATER SENSE.
I'M JUST, IS THERE A, LIKE, I DON'T WANNA BE MEAN AND WHERE I'M PUBLIC, BUT I, YOU KNOW, HE ONLY NEEDS IT FOR A CERTAIN DURATION OF TIME.
CERTAIN, WELL, CAN WE DO THAT BEFORE THEY, BEFORE YOU COULD GET A DESIGNED RAMP WHERE YOU COULD REMOVE IT AND PUT IT UP AND BRING IT BACK.
WE HAD A CASE AND IT WAS QUITE A FEW YEARS AGO, AND IT WAS BECAUSE THE MOTHER OR WHOEVER HAD TO HAVE A WHEELCHAIR AND THEY HAD TO HAVE THE RAMP TO GET HER IN THE HOUSE.
AND THEY BUILT THIS STRUCTURE THAT ELABORATE.
I MEAN IT WAS, WELL, THERE, THERE ACTUALLY ISN'T A RAMP FOR THE ELDERLY FATHER.
YOU COULD DEFINITELY PUT A METAL RAMP THOUGH.
SO ARE WE TAKING A VOTE ON THIS ONE? WHAT ARE WE DOING? I DON'T KNOW.
THE ONLY THING IS THAT IT WOULD, I MEAN, WELL, NO, IT SETS A PRECEDENT TOO, DOESN'T IT? I MEAN, BUT THIS, I DON'T, THE THE OTHER ONES THAT HE MENTIONED ON CORNELL.
ARE THEY, I'M LOOKING AT A, ARE THEY LEGAL? PROBABLY.
THERE WAS ONE ON CORNELL AND ONE ON YALE.
THE ONE IN THE ONE HE SAID ON, UH, ALEXANDER'S IS A WHITE PLAINS.
IT'S, IT'S RIGHT ON THE BOARD.
YEAH, BUT THE DRIVEWAY ITSELF IS, IS IN WHITE PLAINS.
WHITE PLAINS HAS NO IMPERIOUS SURFACE REGULATIONS.
SO YOU COULD PAY THE ENTIRE LOT.
IF YOU LOOK AT PRINCETON DRIVE, MAYBE I COULD LIVE WITH IT.
IF HE WOULD BE ABLE TO PUT SOMETHING LIKE THIS WHERE AT LEAST IT TAKES SOME OF IT AWAY.
SO YOU'RE NOT LOOKING AT THOUGH, YOU MEAN IF HE'D CUT IT IN HALF? NO, IF HE HAD SOME FOLIAGE, THANK GOD HE DIDN'T CUT THE CURB.
THAT WOULD MAKE IT MORE PRESENTABLE.
IF HE'S ON A HILL SOMEHOW, YOU KNOW, IT'S, THERE IS A RUNOFF ISSUE.
IF YOU, IF YOU'RE ON A HILL AND IT'S COMING DOWN THE HILL AND YOU HAVE ALL OF THIS PAVED AREA THAT IT WAS TO PASS DOWN, IF YOU WANT TO PASS DOWN, UM, YOU KNOW, PICTURES BY, BY GETTING RID OF PART OF THE DRIVEWAY, AT LEAST YOU'RE ABSORBING SOME OF THE WATER.
GRANTED GRASS IS THE LEAST EFFECTIVE WAY TO DEAL WITH RUNOFF, BUT IT'S, AT LEAST THERE'S SOMETHING YOU, YOU KNOW, IF YOU'VE GOT A PAVED DRIVEWAY THAT GOES ALL THE WAY AROUND, YOU'RE JUST RUNNING IT INTO THE STREET.
IT'S JUST, I, YEAH, THAT'S HALF DRIVEWAY IS I, THEY COULD ROUND THE EDGES, THEY COULD DO WHATEVER.
YOU COULD PUT A PATH AND NOT HAVE, YOU KNOW, DO SOMETHING LIKE, YOU KNOW, YOU COULD PULL YOUR CAR HERE AND THEN GO ON A PATH INTO THE HOUSE.
BUT HE, YOU KNOW, ONCE HE, THERE'S A PORTICO, SO I THINK IT KEEPS HIS FATHER DRY.
OR WHO'S EVER WALKING UP THE STAIRS? I DON'T ACTUALLY THINK THERE IS.
ALL RIGHT, LET'S, WE, WE WE'RE REALLY GETTING INTO THE WEEDS HERE.
WHERE ARE WE GOING KNOW? JUST VOTE.
'CAUSE IT APPEARS, IT APPEARS THIS WAY AGAIN.
HOW MANY ARE NO, IT NAY, NAY TO WHAT, WHAT THEY PROPOSED TONIGHT.
OH, TO THE HALF DRIVE OR THE WHOLE DRIVE VARIANCE? THE WHOLE VARIANCE.
I DIDN'T SEE ANYTHING THAT CHANGED MY OPINION.
WHAT'S THE NEW ONE? I DIDN'T EVEN, I DON'T YOU GET A NEW, UH, LET'S SEE, DID YOU GET A NEW LETTER? ANYBODY KNOW THE NUMBER WITH THE NEW DRIVEWAY THAT THEY PROPOSED? IT'S 23, 33 0.7.
THE WIDTH, THE VARIANCE IS STILL THE SIDE.
LIE INCREASE IMPERVIOUS FROM 40.75 TO 43.87.
PROPOSED THE MAXIMUM DRIVE OF WIDTH FROM 30 TO 68.75.
WHAT'S THE IMPERVIOUS? THE IMPERVIOUS IS GOING FROM 40.75 TO 43.87.
IS THAT WITH THAT'S THE HALF DRIVEWAY.
[02:30:01]
YEAH.AND THE HALF DRIVEWAY IS THE WIDTH IS GOING FROM 30 TO 68.75.
WELL, IT'S THE RIGHT, THE 30 IS THE PERMITTED PER 30 PERMITTED TO 68.
THAT AND THAT'S THE HALF DRIVEWAY.
WE'RE DOING THE STRUGGLE RIGHT NOW.
OR WELL, I NO, WE'RE DOING THE HALF DRIVEWAY.
WE'RE DOING THE WHOLE VARIANCE.
AND I THINK IT, THE WHOLE VARIANCE ITSELF IS GETTING, AGAIN, SO WHETHER IT'S, UH, APPROVING THE, OR LEGALIZING THE EXISTING CURVED UH, CIRCULAR DRIVE OR APPROVING THIS HALF DRIVE, HALF CIRCULAR DRIVE, WHICH IS HUGE.
GOT WIDE OR A WE'RE NOT AT ALL.
SO NO TO TO QUESTION TO BE A DRIVEWAY.
DOES THE ENTIRE THING NEED TO BE PAVED? IS THERE A WAY TO DO TRACKS PER SE THAT WERE THE WAY THE CODE IS AND THAT, WELL, IF THE WHOLE THING WASN'T COVERED AND PART OF IT WAS STILL GRASS, BUT THERE WERE LIKE A TRACK OF CEMENT OR SOMETHING THAT WAS DRIVABLE.
LOOKS LIKE PERMEABLE PAVER IS THOSE THINGS.
NO, I MEAN IT COULD BE CEMENT ALSO, BUT I'M JUST SAYING WHERE THERE'S STILL SUBSTANTIAL GRASS, BUT THERE'S A WAY TO DRIVE AND THEN THERE'S A PLATEAUED AREA THAT HE COULD UNLOAD HIS FATHER.
BUT DO YOU HAVE TO DRIVE HIM WITH THE GRASS? NO.
SAYING TO, HE PUT THE PAVERS, NOT PAVERS WAY, ACTUAL THE PAVER.
BUT YOU'RE DOING IT IN A TRACK LINE THAT THE ACTUAL TIRES DRIVE ONE A WALK AND TURN INTO A, WE'RE GETTING REALLY AS SAID INTO THE WEED WAY TOO COMPLICATED.
AND I KNOW THIS IS, THIS IS WEED.
COULD HE DO PAVERS? COULD HE SAME.
WHAT ELSE IS HE GONNA, BUT IF HE WERE TO DO THAT, IT WOULDN'T COME ANYWHERE NEAR WHAT HE'S GOT IN.
NOW IT WOULD SEEM, IF HE WERE TO, YOU KNOW, DO WHAT? WELL, IT WOULD BE, IT WOULD STILL BE IMPERVIOUS, BUT THE IMPERVIOUS WOULDN'T BE TO THE DEGREE THAT IT IS.
NOW, IF WHAT HE DID, IF YOU JUST PUT TRACKS IN OR SOMETHING, HE WOULD, I MEAN, IF YOU COULDN'T, YOU COULDN'T PUT THE TRACKS ON.
WHY IF WE TURN THIS DOWN, CAN HE COME BACK WITH A DIFFERENT PLAN? SURE.
HOW LONG DOES HE HAVE? IF WE, WHEN WE TURN THIS DOWN, HOW LONG DOES HE HAVE TO ACTUALLY TAKE UP THE PEBBLES? HE'S IN VIOLATION NOW.
HE WOULD HAVE TO, UM, RULE ON VIOLATION.
YOU DON'T, IT DOESN'T MATTER WHAT I SAY.
SO ARE WE GOING TO CLOSE IT FOR DECISION ONLY TO GIVE HIM TIME? OR ARE WE GONNA JUST WHY DON'T WE JUST, IS THAT A ED QUESTION? NO, IT'S AN US QUESTION.
GIVE HIM TIME FOR WHAT? I DON'T KNOW.
I'M GONNA BE VERY FULL WITH THE FIRST CASE.
IT'S NOT TO SAY I CAN'T DO THIS GUM.
WELL, WE CAN, ONE OF US CAN DO THIS.
YEAH, BUT I WAS SAYING IF WE'RE GONNA GIVE TIME FOR THE GUY, MAYBE UNLESS YOU, SHE WAS SAYING, DO YOU WANT DO THE SAME THING FOR BLUEBERRY HILL? I MEAN, JUST SAY THIS LOOKS PRETTY DENIAL AND LET THEM COME BACK IF THEY WANNA COME BACK WITH A DIFFERENT PLAN.
UM, IT'S PRETTY STRAIGHTFORWARD TO ME.
[02:35:01]
STRAIGHTFORWARD.DENIED IS GONNA NUMBER THREE AT 2333.
ONCE WE GIVE AN A AND THAT BERRY HILL, I DON'T KNOW.
I WAS TRYING TO GET THAT TO HAPPEN.
DO WE WANT TO DO THE SAME FOR BLUEBERRY HILL? WELL, WE WERE, WE WERE DENY IT AND HAVE THEM JUST COME BACK.
WE HAVE, WE HAVE A SECOND LOOK AT BLUEBERRY HILL.
DO WE WANT TO DENY THEM AS OPPOSED TO HAVE THEM COME BACK AGAIN? I THOUGHT WE, I THOUGHT WE SAID, I THOUGHT WE HARANGUED ON THAT FOR A WHILE.
I THOUGHT WE SAID WE WERE HAVING THEM COME BACK.
NOW, I MEAN, THERE'S, THERE'S A DIFFERENCE BETWEEN SEVEN INCHES,
WAIT, WHICH HOLD ARE WE ON NOW? 176 DOWN TO 129.
BUT DID I JUST HEAR THAT YOU'RE GOING BACK TO THE SECOND CASE? NO, NO, NO.
IT WAS JUST, THAT WAS, THAT'S THE THOUGHT.
WHICH, WHAT ARE WE ON NOW? WHO'S DOING THAT ONE? OKAY, WE'LL WE, WE'LL FIGURE IT OUT IN A MINUTE.
YOU WHAT? DOING BOY CALL ARE WE'RE LEGALIZING BOCO.
THAT'S, THAT'S THAT'S FOR HILL ROAD.
WHY COULDN'T THEY JUST BACK OUT AND GO OUT THE OTHER CURB? THEY CAN, THEY CAN, BUT THEY SAID, BUT IT'S ON A CURVE AND THE CARS COME WHIPPING AROUND AND IT'S HARD TO SEE.
WELL, WHY DOESN'T THAT, DEPENDING ON WHICH WAY ON A CURVE.
BUT WHICH IS NOT LESS THAN NO, THEY WANNA KEEP BOTH.
THEY WANNA KEEP THE WHOLE CIRCULAR.
EXCEPT THAT'S NOT THE WAY THEY, THEY PRESENT DATE CASE.
AND THE CARS, IT'S HARD TO SEE WHY NOT ELIMINATE IT.
SO I, BECAUSE THEY NEED IT FOR THE PARKING WASN'T, I DON'T THINK THAT'S OUR JOB.
SO GUYS LIKE ON THIS ONE, THEY DON'T PARKING ON THE STREET.
WE HAD ASKED THEM TO CONSIDER REVISED PLANS AND THEY DIDN'T AT ALL.
THAT'S WHAT WE ASKED THEM FOR LAST TIME.
SO PART OF THE, WHAT THEY TRIED TO DEMONSTRATE WITH THE CARS IS WHY THEY NEEDED THE LITTLE NOOK TO THE RIGHT.
THAT'S THE ONLY WAY THAT THEY COULD MANEUVER THE CARS TO BE ABLE TO EXIT THE OTHER SIDE OF THE DRIVEWAY.
THE OTHER PART WAS TO GIVE US A REVISED PLAN, WHICH YOU ARE CORRECT.
WELL, AND DIDN'T SAY WHY THEY DIDN'T.
THEY WANTED TO DEMONSTRATE WHY THE CARS HAD TO TURN AND IF THEY NEEDED PARKING.
SO THERE'S LITTLE A SIDE AREA HERE.
THEY PARKING HERE EVEN LAST TIME SAID, BUT KEEP IN MIND, I DON'T THINK THEY NEED EM.
GO OFF THIS WAY AND GET RID OF ALL OF THIS PERSON.
BUT KEEP IN MIND ALL THE TRUCKS WHO DELIVER PARK IN THEIR TRUCK.
THIS IS, THIS IS A-A-U-P-S AND FEDEX PARKING LOT, RIGHT? YES.
I I DON'T KNOW THAT THAT'S OUR JOB.
SO DO YOU WANT THEM TO COME BACK BECAUSE THEY DID NOT, UH, SATISFY REQUEST.
WHY WOULD WE DO THAT IF WE HAVE ASKED SOMEBODY TO DO SOMETHING? YOU GUYS ARE GETTING TOUGH THESE DAYS AND THEY CAME BACK AND SAID,
HOW MANY TIMES HAVE THEY BEEN HERE? UH, THIS A SECOND.
YOU FEEL SORRY FOR THEM, BUT NO, NO, I DON'T, I I WOULDN'T, I WOULD, I WOULD VOTE TO GRANT, I I DON'T THINK YOU SHOULD CHOP OFF THEIR CIRCULAR DRIVEWAY.
AND AGAIN, I'M JUST SAYING BECAUSE THEY'RE COMPLETELY DIFFERENT.
NO, WE WEREN'T ASKING THEM TO DO THAT.
I THINK THEY, WE JUST ASKED THEM TO REDUCE THE SIZE OF THE VARIANCE AND THEY DIDN'T EVEN EXPLAIN WHY THEY COULDN'T, WHY THEY COULDN'T.
EXCEPT IF THEY WANNA GO OUT THIS WAY, THEY HAVE TO.
THEY JUST DID THE FIVE POINT TURN THING.
I DIDN'T HAVE A PROBLEM WITH THEIRS LA LAST TIME.
SO THAT'S WHAT, YOU KNOW, AND AGAIN, AS I SAID TO CHRISSY'S POINT IN BEING ABLE TO WRITE THIS UP, I THINK THIS IS AN EASIER WRITE THAN THE PREVIOUS PROJECT.
THE ONLY INTERESTING THING IS THIS LOOKS LIKE IT WAS JUST PAID.
I MEAN, THIS THING WAS BUILT YEAH.
IT'S GOT THE, UM, COBBLESTONES.
[02:40:01]
IT'S NEW AND WELL UP.I DON'T HAVE A PROBLEM WITH THIS ONE.
I, I ONLY BECAUSE OF WHERE THEY ARE, I, I DON'T CARE EITHER WAY.
EITHER, SO, SO YES, I CAN BE A YES DEPENDING ON IF YOU NEED ME TO, I'M A NO, I WOULD BE A NO FOR NOW.
NO, YOU'RE, AREN'T YOU A YES TOO? E WHO? EVE.
I SAID IF YOU GUYS, I MEAN, I, I I'LL GO EITHER WAY ON IT.
ONLY BECAUSE IT'S FORT HILL ROAD.
IF IT, AGAIN, AS I SAID, THIS IS AN EASIER RIGHT.
BUT YOU, YOU SAID YOU WERE NO, YEAH, DIANE AND I WERE NOS.
THE YEAH, WE WERE THE TWO NO'S.
WHAT YOU WANT ME TO BE, YES OR NO? WELL, I VOTED NO.
IT'S NOW WE'RE APPROVING THIS.
THIS IS THE TOUGH ONE, WHICH WHY? OH NO, THIS IS EASY.
WE'RE JUST GOING TO, UH, I WAIT, NO, THIS IS, NO, WE HAVE TO THIS ONE.
THIS IS THE ONE WE'RE GONNA SEND BACK.
FOR THE, BECAUSE THEY DIDN'T TELL THE NEIGHBOR AND THEY HAVEN'T NOTIFIED THE NEIGHBOR THAT THEY WERE GONNA HAVE, THAT THEY'RE GONNA DO THIS.
AND, AND ALSO, I WANNA LOOK AT WHAT THEY PROPOSED WHEN THEY ASKED FOR THIS BEFORE, BECAUSE I DON'T REMEMBER.
YOU NOT, YOU MAY NOT, BUT THIS PARTICULAR, THIS WAS SIX FENCE PROPERTY.
THAT WAS JUST THE OTHER DAY PLACED IN THE NEIGHBORS YARD.
LISTEN, THIS IS, THIS IS A CONDITION.
THE APPLICANT WILL ERECT A SIX FOOT FENCE ALONG THE EAST PROPERTY LINE TO PREVENT SNOW FROM BEING PLACED IN THE NEIGHBOR'S YARD.
SO THE REASON THAT IT SOUNDS AS THOUGH THIS IS BEING DONE IS BECAUSE THEY THINK THE PEOPLE ARE MOVING.
SO THEY WANT TO HAVE IT CHANGED SO THAT THEY DON'T HAVE TO HAVE THE FENCE THERE.
BUT THAT WAS TO KEEP THE SNOW OUT THE YARD.
I, I THINK THAT THEY NEED TO TELL THE NEIGHBOR, THEY HAVEN'T INFORMED ANYBODY.
WELL, THE TREES AREN'T GROWN YET, SO.
WELL, THEY HAVEN'T BEEN PLANTED.
AND WE ARE, WE DON'T KNOW FOR SURE.
WELL, WAIT, THE HOUSE IS BEING SOLD HERE.
THE, BUT I GUESS WE COULD GO TO ZILLOW AND SEE IF IT'S FOR SALE.
I SAID THESE PEOPLE WERE SO ANGRY WITH EACH OTHER.
HERE'S THE LIST OF THE NEIGHBORS.
KIRA SAYS, SHE SAID, NOTICE IS OUT TO THE NEIGHBOR WOULD'VE BEEN NOTICED.
AND THE NEIGHBOR DID GET NOTICED.
WHAT'S THE NAME? WAIT, DID THEY SAY THEY GOT NOTICED? 86.
DID THEY SAY THEY GOT NOTICED? UH, I HAVE RECEIVED NOTHING FROM A NEIGHBOR, BUT, OH, THIS IS WINDHAM.
I THINK THE TREES LOOK BETTER TOO, BUT I DE MORE ENVIRONMENTAL.
THEY JUST CAME LAST YEAR TO GET THIS THING.
I JUST S LAST YEAR, JUST LIKE IT WAS HEATED A COUPLE OF MONTHS AGO.
WELL, THEY'RE NOT TWO YEARS CHANGING THE VARIANCE.
THEY'RE JUST CHANGING WHAT IT IS.
IT'S INSTEAD OF A, OF FENCE OF WOOD, IT'S OFFENSIVE TREES.
[02:45:01]
MAYBE OFFENSIVE TREES OFFENSIVE.IT WAS THE NEIGHBOR TO THE LEFT.
EVEN THE FENCE WAS SEND IT BACK OR DENY IT.
WHAT ARE WE SENDING IT BACK FOR? BECAUSE THEY HAVEN'T PRESENTED IT IN A MANNER THAT WOULD BE FAIR TO THE NEIGHBORS.
AND THE FACT THAT THEY HAVEN'T EXPRESSED WHY.
THIS IS SOMETHING THAT I, I DON'T KNOW.
WAS IT THE, SORRY, WAS IT THE NEIGHBOR? IT WAS A NEIGHBOR WHO THEY MADE THE AGREEMENT WITH, IF I'M NOT MISTAKEN.
THE THE HEDGE DOES FIT IN BETTER WITH THE, UM, NEIGHBORHOOD.
BUT THEY AGREED TO MEAN THE HEDGE ROW.
THEY AGREED TO THE SIX FOOT FENCE, YOU KNOW, WAS THAT WHAT THE NEIGHBOR WANTED? YEAH.
CAN WE DO A FORFEIT HAD, NO, IT'S NOT FOR SALE ON ZILLOW.
I DON'T SEE ANYTHING FOR SALE.
85 IS OFF THE MARKET GOING THROUGH A LONG, IT WOULD BE 84 OR 88.
IT'S 84 HAVE EVER, IT'S NOT, IT'S NOT FOR SALE.
WHAT ARE WE DOING? MAYBE IT'S FOR SALE BY OWNER.
WHAT, WHAT ARE WE DOING? THERE WE GO.
SO HAVE WE CHECK TOMORROW? I'LL SAY.
SO BECAUSE OF THE PREVIOUS VARIANCE AND THE STIPULATIONS, WE'RE SENDING IT BACK FOR NEIGHBOR'S APPROVAL.
SO THAT WOULD BE WHY IT'S DIFFERENT, RIGHT? WE DON'T NORMALLY ASK FOR A NEIGHBOR'S APPROVAL OR RIGHT.
IT'S NOT, YOU'RE NOT ASKING, NOT APPROVAL NEIGHBOR'S APPROVAL, BUT THEIR AWARENESS.
THEY DIDN'T EVEN, THEY DIDN'T EVEN A BIG ISSUE BEFORE YOU WITH THE TIME.
IS THIS THAT WHAT KE TO DO? THEY JUST WANT TO CHANGE IT FROM A SIX FOOT FENCE TO OUR PROVIDING BIG TREES, A THREE FOOT LANDSCAPED BUFFER.
SO EIGHT FOOT BETWEEN THE NEW DRIVEWAY AND THE PROPERTY LINE.
WE NOW HAVE A GARAGE WITHIN THAT BUFFER ON THAT LINE.
SO WHAT ARE WE DOING? ARE, ARE YOU SENDING IT BACK OR ARE WE JUST DENYING? SHOULD WE TAKE A STRAW VOTE, SAY DENY AND PUT SOMETHING, PUT A DIFFERENT COLOR FENCE INSTEAD OF A WHITE FENCE THAT STICKS OUT LIKE A SORE THUMB.
YEAH, I THINK THOSE, BUT THE WHITE FENCE MATCHES THE SNOW PURPOSE.
THEY RENDERED IT LIKE THAT ON PURPOSE.
OF COURSE IT MATCHES THE SNOW.
I I LIKE MY WHITE, WHITE FENCE ALSO.
GOT A LITTLE GREEN ON IT RIGHT NOW.
SO I GOTTA GET OUT HERE CLEAN.
I WAS GONNA SAY, YEAH, IT TURNED POWER WASH TIMES OF YEAR.
YOU JUST PUT IT ON THERE AND LEAVE IT.
UH, IS IT ENVIRONMENTAL LEAVE AND FORGET AND STUFF? IT DOESN'T KILL YOUR 'CAUSE I, I PUT IT ON MY SIDING ONE TIME AND IT KILLED MY HYDRANGEAS.
LET'S GET BACK TO THE FENCE GUYS.
I, I AM, I'M GONNA SEND THIS BACK TO THEM.
FOR WHAT? A LETTER FROM THE NEIGHBOR.
I, WELL, I MEAN THAT'S, HE SAY THE HEIGHT IS DIFFERENT.
NO, IT'S EXACTLY THE SAME VARIANCE.
I THOUGHT THEY SAID THE FOUR FOOT LOOK BETTER.
OH, THAT'S FOUR AND A HALF FEET.
DIDN'T IT SAY FOUR AND A HALF FEET.
NO, SIX FEET IS THE CONDITION.
OH, HOW ABOUT FOUR FOOT? THE DIFFERENCE IS REPLACING THE FENCE WITH TREES, WHICH COULD GROW TO, TO 25 FEET.
OR THEY COULD BE TAKING OVER ON ONE SIDE OF THE OTHER.
IT COULD BE PRETTY ON YOUR SIDE, BUT IT COULD BE TAKING UP THEIR, I KNOW THE NEIGHBOR HAS PLANTED THERE THAT IT'S GONNA INTERACT WITH OR ALLOWS YOU TO GO ONTO THEIR PROPERTY TO TAKE CARE OF IT.
TAKE CARE OF IT MATTER ON PROPERTY.
BUT YOU GUYS AREN'T DEN DENIED.
SAID SO WE CAN DENY YOU AND EVEN DENY WE CAN BRING IT BACK IF YOU WANT.
WHAT DID YOU SAY? I WRITE ON MY PAPER.
I SAID J OR NAY DENIED SCREENING.
[02:50:01]
COMMENTS AFTERWARDS.I DON'T HAVE AN ISSUE WITH ADDING SCREENING INSTEAD OF THE FENCE.
I THINK IT'S, I'M IN FAVOR OF IT, BUT I'M A TREE LOVER.
YOU CHRISY CHRISSY SAY YOU, I SAID I DON'T, I DON'T HAVE AN ISSUE WITH HAVING IT BE, UH, TREES OR INSTEAD OF A FENCE.
ARE THE TREES AS EFFECTIVE FOR THE PURPOSE THAT YOU PUT IN YOUR DECISION? NO.
CAN WE, WELL, OUR VINES DON'T HAVE A LOAD.
THEY'RE VERY LOW TO THE GROUND, THE BRANCHES.
SO IF THE IDEA YOU, IT DEPENDS ON WHAT SNOW REMOVAL.
THEY DID SAY IT WAS BETTER FOR THEIR STORM WATER SYSTEM THAT THEY PUT IN.
THEY SAID THE TREES WERE BETTER FOR THEIR STORM WATER SYSTEM THAT THEY INSTALLED.
STORM WATER, WHICH WOULD BE TRUE.
DO WE WANNA PUT IT BEFORE THE TOWN ARBORIST TO TELL US WHAT BE APPROPRIATE? WE COULD DO THAT TREE SCREENING.
WE HAVEN'T HAD A, UH, PROFESSIONAL CONSULT IN QUITE A WHILE.
REFER IT TO THE TOWN ARBOR, WHO IS THE ARBORIST RIGHT NOW, SO WE CAN, OKAY.
MAYBE TO, I'M BEHIND ON WHETHER SOMETHING THAT WILL BE APPROVAL BODY BETTER FOR SNOW STORAGE.
WELL, WE ALSO CAN ASK THEM, BECAUSE SHE DID MENTION THAT THEY WERE VARIOUS DIFFERENT TYPES OF ARBOR BY THERE ARE CORRECT.
AND THEY DID NOT SAY WHAT TYPE THEY WERE GOING TO GET THE GREEN.
SO WE NEED TO HAVE THAT INFORMATION FROM THEM BEFORE WE GET OUR ARBORISTS INVOLVED IN THIS.
SO THERE'S NO WAY THAT ANY PLANTINGS, UNLESS THEY OVER PLANT THEM, WE'RE GONNA BLOCK THE SNOW FOR THE PURPOSE UNTIL THEY'RE, THEY WERE GROWN INTO THAT IN LIKE THREE YEARS.
AND THAT'S HOW LONG, BECAUSE THE DIFFERENCE BETWEEN DIDN'T YOU HIM IMMEDIATE YEAH.
AND I CAN TELL YOU MY, OUR BODIES HAVE GROWN LIKE SIX TO EIGHT FEET IN TWO YEARS, BUT MAURY ANSWERED THAT.
SO WHAT, SO WHAT, WHICH ONES DO YOU HAVE?
OBVIOUSLY MAURY ALREADY ANSWERED THAT WE'RE GETTING WARMER AND WARMER.
I SAY NO, YOU I'M NO ON THIS ONE.
BECAUSE WHERE I LIVE, WHAT'S THE WHAT, WHAT WAS THE NAME OF THE NURSERY? THAT WAS WHERE, UH, AVALON IS NOW.
FRANK'S WHERE, WHAT IS NOW? FRANK'S NURSERY.
THEY USED TO BRING WOOD FROM PENNSYLVANIA AND ALL OTHER KINDS OF PLACES.
I DON'T KNOW WHAT IT WAS FOR, BUT I LOVE FRANKS.
THEY, THEY, THEY STOPPED THEM BECAUSE THEY WERE DOING SOMETHING THERE.
AND WE HAD THESE HORRIBLE, HORRIBLE BUGS FOR LIKE THREE YEARS.
THEY LOOKED LIKE THEY WERE HORRIBLE.
AND THEN SOMETHING ELSE THEY HAD, IT WAS LIKE ONE THING AFTER ANOTHER AFTER ANOTHER.
AND FINALLY WE NOW HAVE SPIDER CRICKETS.
AND THESE SPIDER CRICKETS HAVE BEEN WITH ME FOR SIX F*****G YEARS.
I WISH YOU GOTTA GET FOR THOSE.
WHAT? YOU KNOW THE, THE MOUSE TRAPS? YEAH.
WE HAVE THOSE, THE STICKY THINGS.
BUT DO YOU KNOW, THEY LOOK SO HORRIBLE.
NO, THEY'RE CALLED NO SPIDER CRICKETS.
ARE THEY THE ONES THAT ARE BLIND AND THEY'RE IN YOUR GARAGE? THEY'RE FROM JAPAN.
I KNOW, UM, KIM, ARE, ARE WE LIKE, NO.
OR WHAT ARE WE ON THIS? THE TREES AND THE VANS, THE ONES WHO SAID NO ARE STILL SAYING NO.
IT'S HOW, HOW MANY PEOPLE SAID NO? I SAID NO OTHER GUYS.
SO THERE'S THREE OF US SAYING NO, WE'RE GONNA PUT IT BEFORE TO THE THREE NOS.
AND THEN THE, WE PUT IT FOR THE ARBORISTS.
THREE OR NO? WHAT WERE YOU WILLIAM? I I'M WILLING TO GO WITH THE ARBORIST.
AUS, BUT WE NEED TO FIND OUT EXACTLY WHAT THEY'RE GOING TO PUT UP.
WELL, WE'LL HAVE THE ARBORISTS GIVE US A RECOMMENDATION.
AND WE CAN TELL CHRIS TO TALK TO THE ARBORIST.
WE'LL SUGGEST THAT THE APPLICANT SPEAK TO ARBORIST.
SOMETHING THAT WOULD BE APPROPRIATE FOR THE BOARD AND THAT THE APPLICANT SPEAK TO THE NEIGHBOR AND THAT THE APPLICANT.
ARE THEY BLIND? THEY SEE ME WHEN I, I SAID IF I SAID IF POSSIBLE, MY MOTHER GETS THEM IN HER BASEMENT, I GET THEM IN MY GARAGE IF POSSIBLE.
OH NO, ACTUALLY WE DON'T KNOW.
SO I'M STILL A NO, YOU WANNA LEAVE THE FENCE.
SO WHAT ARE WE, WHERE ARE WE ON BETWEEN FENCE AND LIKE WHERE DO WE NET? WE'RE PUTTING IT OVER.
[02:55:01]
I'M JUST NO.EVE IS NO, WHAT IS THIS NO TO.
YOU'RE TURNING DOWN THE WHOLE VARIANCE AND WE'RE WE'RE REFERS THREE NOS.
WE DON'T, I MEAN, ARGUABLY IF YOU, IF YOU WANTED TO YOU FOUR TO GRANT THE BARRIER, SO THREE TO THREE WOULD BE NO.
NO, BUT YOU, YOU REALLY WANT TO GO THAT WAY OR YOU WANT TO PUT IT OVER THOSE WHO SAY, NO, I WILL NOT BE INSULTED IF YOU GO THAT WAY.
WHAT? I SAID I WILL NOT BE INSULTED IF YOU GO THAT WAY.
IF WE GO, WE JUST, IF WE JUST SAY NO, JUST SAY NO.
SO THAT'S THREE AND A HALF TO TWO AND A HALF.
I NO, I SAYING YOU WANT TO DO IT BY THE BOOK.
I, YOU KNOW, NOT I I MISSED IT.
WHICH IS HER SAYING THAT MEANS THAT'S A HALF.
I'M SAYING, I STILL SAY NO, IT'S NOT A HALF.
SOMEONE WE SHOULDN'T BE HAVING SO MUCH FUN.
ARE ARE ANY OF YOU OPEN? I'M OPEN TO REFERRING.
YES, BUT I'LL PROBABLY VOTE NO NEXT TIME.
WHY DON'T, THAT'S COMING OFF TO TOMORROW.
AND IT'S, WE MIGHT CHANGE THAT'S THAT'S RIGHT.
COME BACK WITH A BEAUTIFUL PLAN.
CAN WE GO? OKAY, NOW WE'RE OFF TO THE LIVING TRUST, WHICH, OKAY.
IF ANYBODY SAYS ANYTHING OTHER THAN IT'S NOT THE LIVING TRUST WE'RE DEA.
IS THIS THIS REALLY LITTLE ONE? THIS IS RIGHT.
THE LITTLE DECKS AND THE TURNAROUND AND THE PLATFORM ON ONE LEVEL.
WITH THE HATCH OUT AREA LOSING.
THAT I QUESTIONED IN TERMS OF WHERE THE PLATFORM WAS GONNA BE.
AND I WAS INSTRUCTED THAT THE PLATFORM HAD TO BE THERE BY WALL AND CODE CAN'T JUST WALK OUT ON STAIRS.
POINT EIGHT 0.08 WOULD BE BETTER.
I HAVE NO PROBLEM WITH THIS ONE.
GRANT, EVERYBODY, ANYBODY DOWN WITH THIS LOUIS HAD A PROBLEM WITH? WE'RE ALL GOOD.
WHAT? LOUIS DIDN'T LIKE THE DESIGN.
HE'S PUTTING WORDS IN YOUR MOUTH.
NOW WE'RE THE LIVING TRUCK, SO YE MM-HMM.
WITH ANY CONDITIONS OR NO, NO CONDITIONS? NO.
WHO'S WRITING? WHERE'D YOU WRITE IT UP? IT'S LATE.
WELL, WE'RE NOT GONNA WRITE IT UP.
UM, THEN WE GO TO THE LIVING TRUST.
AND THIS IS JUST TO LEGALIZE A MISTAKE.
I DON'T HAVE A PROBLEM WITH THIS EITHER.
WHAT'S THAT? OH, I THOUGHT YOU SAID YOU HAD A PROBLEM.
I SAID I DON'T HAVE A PROBLEM WITH YOU MEAN THIS IS, THIS IS THE 7.2 INCHES.
THIS CAME UP BECAUSE IT WAS AN OPEN PERMIT.
THEY NEVER CLOSED IT TO 1990 AND WENT TO OKAY.
AH, BECAUSE THE EARTH MOVES
I LOVE HOW HE, THEY WROTE UP A WHOLE LETTER.
WELL, IF YOU'D HAVE TO HAVE, YOU KNOW, WOW.
THE HOUSE THAT'S NEXT TO MY OFFICE, THEY BUILT 52 CLOSE TO WHERE THEY WERE SUPPOSED TO BE.
I MEAN, HE COULD HAVE COME UP AND SAID IT'S 7.2 INCHES, BUT YOU KNOW, HE'S PROBABLY NEW AND THEY'RE LIKE, NO, IN FRONT OF THE BOARD GETS AN EXPERIENCE.
[03:00:03]
I GUESS I COULD WRITE THAT ONE EVEN, BUT I CAN'T.NOW WE'RE BACK TO THE, UH, PRELAW.
SO ARE PEOPLE, DO WE HAVE, LIKE, WHO'S DOING ALL THESE? LIKE, RIGHT.
CAN WE FINISH THE LAST ONE FIRST? SURE.
THIS IS THE WAIT, THE NOW, SORRY.
YEAH, WE, WE REREAD, WE REDID THE WOOD DECK IN A DIFFERENT, OKAY, SO WAIT, WAIT FOR SIX.
YOU'RE GRANTING THE GOLD WAS THE TRUST THE YES.
WE'RE BACK TO SEVEN INCHES AGAIN.
SO OUT OF ALL OF THESE, WE ONLY GRANTED, WE GRANTED QUITE A FEW.
WELL, WE GRANTED THREE DENIED.
1 31 HIDDEN ONE FOR DECISION TECHNICALLY.
SO THEN WE HAVE, AND THIS ONE'S GRANTED TOO, RIGHT? WHO VOTED WHAT'S DECK? OKAY.
I THOUGHT IT WAS A BEAUTIFUL HOUSE.
KAREN NEEDS THE VOTES ON ALL OF THESE.
AND WHO VOTE? THIS ONE? I JUST VOTED YES.
AND THE 24 0 4 IS UNANIMOUS ALSO.
IT'S SOMETIMES A LITTLE HARD TO HEAR WHAT'S GOING ON ON THE OTHER END.
THAT WAS, IS IT NEAR YOU OR OH THREE? NO, THAT ONE'S UH, DO HAVE TO WRITE SOMETHING UP PROBABLY.
YEAH, THAT ONE WAS TWO, RIGHT? SO WE HAD 1, 2, 3.
YOU WANT ME TO WRITE UP THREE LAUREL LANE OF 24 0 3? YES, YOU CAN DO THAT.
YOU THINK I NEVER VOLUNTEERED? BUT I, THAT'S NOT TRUE.
24 0 1? DO WE HAVE A TAKER? WHICH ONE'S THAT? OH, I CAN DO THAT.
DO WE HAVE A TAKER? WELL, YOU'RE GONNA TRY TO DO, OH, THIS ONE, THE LIVING TRUST DRIVEWAY.
OH, YOU WANT ME TO DO THE NILE? YEAH, I COULD DO THE, I COULD DO IT.
WE'RE ARE WE DOING THE, I TAKE IT WE'RE DOING THEM AND SENDING THEM TO YOU TOMORROW? OR HOW ARE WE DOING THIS? YEAH, YEAH, I'LL DO IT.
WHICH ONE? YOU'RE GONNA DO THE NILE? THE NO, NO, NO.
YEAH, I MEAN, SOMEBODY ELSE, RIGHT? LET'S DO IT.
YOU WANT ME TO DO THE DENIAL? WHO, WHO IS DOING THE, UM, THE LAST ONE? YEAH.
24 0 1 TO MOVE, OR WILLIAMS? THAT'S A FORT HILL ONE.
FORT HILL? WHICH ONE IS THIS ONE? THIS, THIS.
YOU WANT FOR HILL LEWIS? NO, I WAS GONNA DO 24 0 5.
WHO? OH, SOMEBODY ELSE TOOK IT.
SO WHO'S DOING 24 0 5 LEWIS? UH, LEWIS LOUIS 24 0 1.
WAIT, WHO'S DOING 24 0 1? 24 0 1 IS WILLIAM.
I KNOW WE, WE WE'RE DOING THINGS BEHIND YOUR BACK HERE.
THAT'S WHY I, I'M SITTING HERE FOUR ROAD.
SO I, IF YOU ASK ME YOUR QUESTION, I GOT IT FOR YOU.
AND THERE'S A LOT FOR THE BIRD.
THERE'S A DENY FOR I HAVE THE DENY SHE HAS A DENIAL.
OKAY, SO THAT'S, SO WE, WE TALKED.
OKAY, SO THE NOTE WE DON'T NEED ANYBODY TO DO, RIGHT? NO,
[03:05:01]
NO.WE HAVE THE NOTE, THE SENDING BACK.
WE DON'T DO, I'M DOING 24 0 3.
DIANE'S DOING 24 0 4 AND LOUIS IS DOING 24 0 5.
OKAY, SO THE ONLY, WE ONLY HAVE ONE THAT WE ADJOURNED.
WHAT'S THE OTHER ONE WE ADJOURNED? 32, 2 BLUEBERRY AND, UM, 24.
WHO'S DOING 24 0 3? YEAH, THAT'S ME.
I'M NOT GIVING YOU ANY MORE NEWSPAPERS.
AND WHAT'S THIS ONE? WELL, THAT'S S ONE FOUR.
THE ARBOROUS ONE AND ANOTHER ONE.
OH, LAUREL LANE WAS APPROVED, RIGHT? YEAH.
OH, OH TWO, I'M NOT DOING THAT ONE.
WHICH ONE? JUST TWO, RIGHT? YEAH.
AND THEN WE HAVE THE ONE FOR DECISION ONLY.
WAS THE GREENHOUSES OKAY? SHE STILL CAN'T GET RID OF THIS.
NOW WE HAVE TO DO SOME GO BACK ON THE RECORD.
SO AS SOON AS YOU JUST GET, WE'RE MISSING SOMEBODY.
AS SOON AS WE CAN VOTE, WE CAN GET OUT OF HERE.
THEN YOU CAN WRITE UP THE STEPS.
OKAY, WELL I WILL NEED YOU FOR ONE MINUTE.
YOU NEED WHAT? ALL OF US SHOULD I PUT HEAT ON IN THERE TO WARM IT UP?
WHAT DID I DO WITH IT? HERE YOU CAN NOT MIND.
I'M GONNA GIVE YOU ALL THIS STUFF.
OH, I THINK I LEFT IT IN THERE.
WHICH CASES CAN WE GET RID OF? TAKE.
OH, SO I CAN JUST TAKE THE WHOLE THING THAT THIS IS MY PILE.
I'M JUST LITERALLY MOVING THAT IT BE DENIED.
I'M SAY ANYTHING ELSE, RIGHT? MM-HMM,
DO I HAVE UM, A RESOLUTION? JUST GIVE ME ONE PLEASE.
WELL, THIS IS ACTUALLY AN EARLY NIGHT FOR US.
WE WERE DONE WITH PRESENTATIONS BY NINE.
WE'RE ONLY DOING A MOTION, RIGHT? MM-HMM.
[03:10:01]
OKAY, SO WE ARE BACK WITH THE RESULTS OF OUR DELIBERATIONS.CASE NUMBER 2314 HARTSDALE GREENHOUSES IS CLOSED FOR DECISION ONLY TO THE MEETING OF APRIL 18TH, NEXT CASE CASE 2332.
JUSTIN AND ELIZABETH LEE E IS ADJOURNED FOR ALL PURPOSES TO THE MEETING OF APRIL 18TH.
GREGORY M. LEON, DO I HAVE A RESOLUTION THAT THE GREENBERG ZBA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET A COMPLIANCE AND WHEREAS IT THEREFORE BE RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING FOR NO FURTHER SECRET A CONSIDERATION.
DO I HAVE, UH, YES, MADAM CHAIR.
I MOVE THAT THE APPLICATION IN CASE NUMBER 2333 BE DENIED.
BECAUSE OF THE LATENESS OF THE HOUR TODAY.
UH, AGAIN, IN, IN LIEU OF THE LATENESS OF THE HOUR AND THE FACT THAT WE HAVE SEVERAL CASES TO GET THROUGH, WE WILL PROVIDE THE FINDINGS IN THE RECORD AS WELL AS YOU CAN GET THE INFORMATION FROM THE SECRETARY IF NECESSARY.
GOING ON TO OUR NEXT CASE, WHICH IS CASE 20 23 33.
NO, NO, THAT'S THE ONE WE JUST DID.
SORRY, I'M LOOKING AT TWO DIFFERENT SHEETS AT THE SAME TIME.
IT'S 'CAUSE THE SHEETS ARE DIFFERENT.
WE'RE AT 24 0 1 LEE AND PETRA BOYKO.
AND WHEREAS IT HAS BEEN GREENBERG'S, EBA HAS REVIEWED THE ABOVE REFERENCE APPLICATION WITH REGARD TO CA COMPLIANCE AND NOW THEREFORE BE RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SEEK A CONSIDERATION.
AND DO WE HAVE A MOTION? DO YOU, THIS IS ME.
YES, MADAM CHAIR, I MAKE A MOTION AN APPLICATION, UM, 24 DASH ZERO ONE.
UH, BE GRANTED PROVIDED WE TAKE A VOTE AT THAT POINT.
I MOVE THAT THE APPLICATION IN CASE NUMBER 24 DASH FOUR B GRANTED PROVIDED THAT ONE, THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILED THE SAME WITH THE BUILDING DEPARTMENT.
TWO CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED MARCH 11TH, 2024 AND STAFF RECEIVED MARCH 11TH, 2024 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 DIFFERENT OR GREATER VARIANCE THAN WE ARE GRANTING HEREIN, THE VARIANCE IS BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.
ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMING WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION PERFORMS TO THE HEIGHT, SETBACKS, OR OTHER VARIANCE.
WE HAVE APPROVED HERE AT, DO YOU HAVE A SECOND? SECOND.
AND THE NEXT CASE IS CASE 24 0 2.
UH, MARCIA ZEE 86 WINDHAM STREET AND WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SEEK A CONSIDERATION, I'M SORRY, WRONG ONE, WE'RE GONNA GO TO THE ARBOR.
I KEEP GETTING THE WRONG ONES.
YEAH, I HAVEN'T, PAGES DON'T LINE UP.
THAT 24 0 2 IS ADJOURN, ADJOURN ADJOURNED FOR ALL PURPOSES TO APRIL 18TH
[03:15:02]
AND NEXT IS 24 0 3 TILA.AND THAT IS WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE, ABOVE-REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
I MOVE THAT APPLICATION IN THE CASE NUMBER 24 0 3 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENT.
CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED NOVEMBER 14TH, 2023, LAST REVISED JANUARY 24TH, 2024 SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY HEREAFTER BE MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
THE VARIANCE BEING GRANTED IS FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION ONLY.
ANY FUTURE ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDER SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
ARTHUR MARLOW LIVING TRUST WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO CA COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SE SECRET CONSIDERATION.
I MOVE THAT THE APPLICATION IN CASE NUMBER 24 0 4 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENT.
CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED DECEMBER 20TH, 2023 AND STAMPED RECEIVED FEBRUARY 7TH, 2024 SUBMITTED IN SUPPORT OF THIS APPLICATION.
OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
THE VARIANCE BEING GRANTED IS FOR THE IMPROVEMENT SHOWN ON THE PLANS SUBMITTED IN SUPPORT OF THIS APPLICATION.
ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
AND THE NEXT CASE WE HAVE IS CASE 24 0 5 AND WE AS FINDING IS PUT ON THE RECORD, THE FINDINGS WILL BE FORTHCOMING.
I DID SAY THAT IN THE VERY BEGINNING THAT THE FINDINGS WOULD BE SELF WOULD BE FORTHCOMING FOR ALL OF THE, FOR ALL OF THE RECORDS? YEAH, FOR ALL OF THE CASES.
UM, BACK TO UH, 24 0 5, WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO CA COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRE NO FURTHER SEEK A CONSIDERATION.
UM, I MOVE THAT THE APPLICATION IN CASE NUMBER 24 0 5 BE GRANTED PROVIDED THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE, SAME WITH THE BILLING DEPARTMENT.
THAT CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BILLING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS STAMPED, RECEIVED FEBRUARY 15TH, 2024 SUBMITTED IN SUPPORT OF THIS APPLICATION.
OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN AND THAT THE VARIANCES
[03:20:01]
BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
AND WITH THAT WE ARE COMPLETE FOR THIS EVENING.
HOPEFULLY SPRING WILL COME FASTER THAN IT IS AND WE'LL SEE YOU ALL IN APRIL.
I JUST WISH SPRING WOULD STAY.