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THIS IS THE ZONING BOARD.[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS AGENDA THURSDAY, May 16, 2024 – 7:00 P.M. ]
SORRY ABOUT THAT.THIS IS THE ZONING BOARD OF APPEALS FOR THE TOWN OF GREENBURG.
COULD I PLEASE HAVE A ROLL CALL OF THE BOARD PLEASE? YES.
UH, THE MEETING OF THE ZONING BOARD WILL NOW COME TO ORDER.
WE HAVE SIX CASES ON TONIGHT'S SCHEDULE, UH, AGENDA, HOWEVER, CASE 2314 IS CLOSED FOR DECISION ONLY.
AND THE APPLICANT IN CASE 2335 ERNEST TO TAG LEONE HAS REQUESTED TO WITHDRAW HIS APPLICATION.
PLEASE NOTE THAT THE ZONING BOARD WILL HAVE OUR NEXT REGULAR MEETING ON THURSDAY, JUNE, I FORGOT THE DATE.
IT'S 20TH AT, UH, 7:00 PM AS USUAL, IF WE CANNOT COMPLETE THE HEARING OF ANY CASE TONIGHT, IT WILL BE ADJOURNED TO ANOTHER MEETING, HOPEFULLY TO BE COMPLETED AT THAT TIME.
ALSO, AS IS USUAL, TO SAVE TIME, WE WILL WAIVE A READING OF THE PROPERTY LOCATION AND THE RELIEF SOUGHT FOR EACH CASE.
HOWEVER, THE REPORTER WILL INSERT THIS INFORMATION IN THE RECORD.
THIS INFORMATION ALSO APPEARS IN THE AGENDA FOR TONIGHT'S MEETING.
AFTER THE PUBLIC HEARING OF TONIGHT'S CASES, THE BOARD WILL MEET IN THIS ROOM, EXCUSE ME, WILL MEET TO DELIBERATE, BUT THE PUBLIC WILL NOT BE PERMITTED TO SPEAK OR PARTICIPATE AT THAT TIME.
AFTER OUR DELIBERATIONS, WE WILL COME BACK INTO THIS ROOM TO ANNOUNCE TO THE BOARD ANNOUNCE, I'M SORRY TO ANNOUNCE THE BOARD'S DECISION TO THE FORMAL RECORD AND FOR IT TO BE BROADCAST TO THE COMMUNITY.
IF YOU'RE PRESENT AND GOING TO SPEAK TONIGHT, YOU MUST COME UP TO THE MICROPHONE.
CLEARLY STATE YOUR NAME AND ADDRESS OR YOUR PROFESSIONAL AFFILIATION.
IF YOU'RE NOT A NAMED APPLICANT, PLEASE SPELL YOUR NAME FOR THE RECORD.
SO WE WILL HAVE, WE ALSO HAVE HEARD TESTIMONY ON SOME OF THESE CASES AT PRIOR MEETINGS.
ALL PRIOR TESTIMONY IS ALREADY IN THE RECORD AND SHOULD NOT BE REPEATED WHERE THE APPLICANT, IN CASE 2335, HAS REQUESTED TO WITHDRAW.
IS THERE ANYONE HERE TONIGHT THAT WISHES TO COMMENT ON THIS APPLICATION? IF NOT, WE WILL VOTE AT THIS TIME.
WHICH, WHICH IT'S NOT ON HERE.
I THINK WE CAN, I GOT THE WRONG ONE ON THE DESK OUTSIDE.
I UNDERSTAND WHAT YOU'RE SAYING.
HOWEVER, YOU DON'T HAVE THE CORRECT AGENDA.
MOVING FORWARD, DO I, DO I HAVE A MOTION TO PERMIT, UH, MR. EG LEONE TO WITHDRAW HIS APPLICATION? UM, MADAM CHAIR, I MOVE THAT, UM, THE APPLICANT IN CASE 2335 BE ALLOWED TO WITHDRAW THEIR APPLICATION.
AND THE FIRST CASE TO BE HEARD TONIGHT IS CASE 24 0 7 WHITMAN OSTERMAN AND HANNAH, MLP, CHICK-FIL-A GOOD EVENING.
CHARLES GOTTLIEB FROM WHITE, WHITE, WHITE, WHITE.
THOUGHT I WAS LOSING MY MIND THERE FOR A SECOND.
CHARLES GOTTLIEB FROM WHITEMAN OSTERMAN AND HANNAH LAND USE COUNSEL FOR CHICK-FIL-A FOR THEIR PROPOSED, UH, USE ON 20 TERRYTOWN ROAD.
UH, BEFORE I GET GOING, I DO BELIEVE THAT THE TOWN'S TRAFFIC CONSULTANT
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IS ONLINE, AND I DO THINK HE MAY OR MAY NOT HAVE A TIME CONSTRAINT.SO IF YOU WANT TO HEAR FROM HIM, UM, JUST STOP ME FROM TALKING.
WE WOULD, WE WOULD APPRECIATE THAT SURE.
UM, HE'S HAVING A DIFFICULTY RIGHT NOW, BUT I'M GONNA COORDINATE AND GET HIM ON SOON, I BELIEVE.
AS SOON AS HE IS ABLE TO COME ON, WE WILL INTERRUPT YOU SURE.
UM, SO AT THE LAST MEETING, WE GAVE KIND OF OUR JUSTIFICATIONS, UH, FOR THE AREA VARIANCES THAT WE'RE IN OUR FEBRUARY SUBMISSION.
NAMELY, WE HAVE A VERY ODDLY SHAPED ISLAND LOT HERE.
UM, WE NEED THE AREA VARIANCES TO CREATE A, A LONGER DRIVE THROUGH QUEUE THAN A NORMAL QUICK SERVICE ESTABLISHMENT.
UM, WE'RE IMPROVING A LOT OF EXISTING NONCONFORMITIES ON THE SITE FROM THE EXISTING VACANT CVS BUILDING.
UM, AND IT'S IMPORTANT TO ALSO NOTE WE'RE DECREASING THE AMOUNT OF IMPERVIOUS SURFACE ON THE SITE.
UM, WE CAN DISCUSS TONIGHT OUR RECENT SUBMISSION OF MAY 6TH, WHERE WE PROVIDE ADDITIONAL JUSTIFICATION FOR A NEW AND RELATED AREA VARIANCE THAT IS NOW NEEDED, WHICH IS THE LOCATION OF THE MAINTENANCE SHED AND DUMPSTER ENCLOSURE IN THE FRONT YARD.
THAT SUBMISSION ALSO RESPONDS TO ALL PUBLIC COMMENTS THAT WE RECEIVED IN THE APRIL MEETING, AS WELL AS COMMENTS WE RECEIVED FROM YOUR BOARD.
UM, SO THE NEW AREA VARIANCE THAT THE BILLING DE DEPARTMENT HAS, UH, DETERMINED THAT WE NEED IS ZONING CODE 2 85 DASH 36 J AND IT'S THE LOCATION OF AN ACCESSORY USE, WHICH IS THE MAINTENANCE SHED AND DUMPSTER ENCLOSURE WITHIN THE FRONT YARD.
AND I'LL JUST SHARE MY SCREEN QUICKLY AND YOU CAN SEE THE DUMPSTER ENCLOSURE THERE TO THE NORTH OF THE PROJECT SITE.
UM, THE BUILDING DEPARTMENT HAS DETERMINED ON THIS PROPERTY THAT THE FRONT YARD, THE FRONT LOT LINE IS ALONG OLD KENKO ROAD.
THE SIDE YARDS ARE COUNTY CENTER ROAD AND TERRYTOWN ROAD.
AND THE REAR YARD HERE IS THE MUNICIPAL BOUNDARY LINE BETWEEN THE WHITE PLAINS LOT AND THE GREENBURG LOT.
THE FRONTAGE IS DEFINED UNDER YOUR CODE IS ESSENTIALLY THE PRINCIPLE, UH, STREET WHERE ACCESS IS PROVIDED INTO THE LOT.
SO BECAUSE WE DON'T HAVE ACCESS FROM TERRYTOWN ROAD, WE HAVE ACCESS FROM OLD KENCO AND COUNTY CENTER ROAD.
THE BILLING DEPARTMENT HAS DETERMINED, AND I THINK RIGHTFULLY SO, THAT OLD KENCO IS THE FRONTAGE.
UM, SO AS YOU CAN SEE, THE DUMPSTER ENCLOSURE AND THE SHED IS WITHIN THAT FRONT YARD AREA.
NOW, PUTTING THE ZONING CODE A SECOND FOR THE ASIDE FOR A SECOND, WE PUT ON OUR HATS OF KIND OF PRACTICALITY.
THE VISUAL FRONTAGE OF THIS PROPERTY IS ALONG TERRYTOWN ROAD.
SO THAT'S WHERE YOU HAVE YOUR, YOUR MOST TRAFFIC.
THAT'S PROBABLY WHERE YOU HAVE YOUR MOST PEDESTRIAN ACCESS.
THAT'S WHERE IT'S VIEWED FROM FOLKS ENTERING AND EXITING THE COUNTY CENTER ROAD.
AND IT'S THE GATEWAY TO THE TOWN.
SO THE PLANNING BOARD HAD A CONCERN OVER HAVING THE DUMPSTER ENCLOSURE AND THE MAINTENANCE SHED ANYWHERE THAT WOULD BE VISIBLE FROM TERRYTOWN ROAD, REALIZING THAT IS KIND OF THE PRACTICAL FRONTAGE.
THERE WAS AN INITIAL PLAN, UM, THAT WE SUBMITTED BACK IN JANUARY OF 2023 THAT HAD THE DUMPSTER ENCLOSURE, UH, AND MAINTENANCE SHED I IN THIS AREA RIGHT AROUND HERE.
THAT WAS MOVED AFTER CONVERSATIONS WITH THE PLANNING BOARD AS WELL AS THE CITY OF WHITE PLAINS BECAUSE IT WOULD'VE BEEN HIGHLY VISIBLE FROM, UH, TERRYTOWN ROAD, UH, THE SIDEWALK ON TERRYTOWN ROAD AND SO FORTH.
AND THERE WASN'T THAT MUCH OF AN ABILITY, UH, TO SCREEN IT WITH LANDSCAPING.
IN ADDITION, YOU CAN'T SEE IT, UH, FROM THIS PLAN, BUT THERE IS A GRADE DIFFERENCE WHERE THAT MUNICIPAL LOT LINE IS.
SO FOR, UH, CHICK-FIL-A TEAM MEMBERS TO ACCESS THE DUMPSTER AND THE MAINTENANCE SHED, THEY WOULD HAVE TO GO FROM THE BUILDING CROSS THROUGH THE DRIVE THROUGH, UM, AND THE GRADE CHANGE THERE TO ACCESS THE DUMPSTER IN THE MAINTENANCE SHED.
SO BASED ON PLANNING BOARD COMMENTS, CITY OF WHITE PLAIN COMMENTS AND COUNTY OF WESTCHESTER COMMENTS, WE TUCK TO THE DUMPSTER ENCLOSURE BACK INTO THIS CORNER HERE WHERE WE COULD, UH, NOT INTERRUPT ANY PARKING SPACES WHERE WE COULD SCREEN IT APPROPRIATELY AND WHERE ACCESS TO IT DIDN'T HAVE TO CROSS TEAM MEMBERS WALKING THROUGH THE DRIVE THROUGH WITH GARBAGE BAGS, UH, AND SO FORTH.
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EXCUSE ME.I JUST WANT TO QUICKLY NOTE THAT, UH, MR. CANNING IS ON NOW.
HE'S THE ZONING BOARD AND PLANNING BOARD'S TRAFFIC CONSULTANT FOR THIS PROJECT.
UM, DID YOU WANT TO INTERJECT WITH A QUESTION OR TWO FOR JOHN? IS THERE SOMETHING FURTHER YOU WANT TO DISCUSS WITH RESPECT TO THE, UH, JUST THAT, YOU KNOW, ONE OF THE ELEMENTS, I KNOW EVERY ZONING BOARD IS CONCERNED WITH SETTING PRECEDENT.
I WOULD NOT WORRY ABOUT SETTING PRECEDENT ON ANY OF THESE AREA VARIANCES BECAUSE OF THE UNIQUE NATURE OF THE LOT.
YOU ONLY SET PRECEDENT WHEN YOU CAN'T FACTUALLY DISTINGUISH A CURRENT APPLICATION FROM A PRIOR APPLICATION.
THIS IS VERY EASILY DISTINGUISHED AS AN ISLAND PROPERTY, UH, WITH VARYING FRONT AND SIDE YARDS.
UM, AND SO THAT WOULD BE OUR RESPONSE TO THAT CONCERN.
WITH THAT SAID, I'D, I'D LIKE TO HIT IT OVER TO JOHN, 'CAUSE I KNOW THAT'S, UH, UH, A TOPIC OF DISCUSSION.
SO, WELL, HE'S REALLY AVAILABLE AT YOUR DISPOSAL.
SO IF THERE'S A SPECIFIC QUESTION YOU HAVE, UM, FOR JOHN ABOUT HIS PLANNING BOARD REVIEW OR HIS OVERALL, UM, ASSESSMENT OF THE PROJECT, UM, HE COULD HIGHLIGHT THAT FOR YOU.
OR LIKE I SAY, IF YOU HAVE A TARGETED QUESTION, UH, JOHN'S AVAILABLE FOR, FOR YOU.
WELL, I DON'T HAVE ANYTHING ON HIS REVIEW, SO I WOULD LIKE FOR HIM TO GIVE US SOME INFORMATION WITH RESPECT TO, UM, HIS DETERMINATION OR I THINK LAST TIME START LATE.
ONE OF THE REASONS WE ADJOURNED IT WAS BECAUSE WE WERE TOLD THERE WAS A TRAFFIC STUDY.
WE'RE ASSUMING THAT THIS IS IN LIEU OF THE TRAFFIC STUDY.
SO YES, THE APPLICANT PREPARED A SERIES OF TRAFFIC STUDIES FOR THE PROJECT.
JOHN KENNING REVIEWED THEM ON BEHALF OF THE PLANNING BOARD.
SO IF YOU WOULD LIKE, HE COULD GIVE YOU, UM, AN OVERVIEW OF THAT REVIEW AND SORT OF HIS, UM, ASSESSMENT OF, OF WHERE THE PROJECT IS AT THIS POINT, IF THAT'S OKAY.
JOHN, IS THAT OKAY? THAT'S FINE WITH ME.
UH, MADAM CHAIR, MEMBERS OF THE BOARD, UH, WE HAVE BEEN INVOLVED WITH THE PLANNING BOARD SINCE EARLY LAST YEAR.
UH, THE APPLICANT HAS PROVIDED MATERIALS AND TRAFFIC STUDIES.
WE HAVE REVIEWED THEM AND CRITIQUED THEM.
OUR FIRST REPORT WAS APRIL 11TH 23.
WE HAD ANOTHER REPORT JULY 17TH, 23, ANOTHER REPORT, SEPTEMBER 20TH, 23.
ANOTHER REPORT OCTOBER 6TH, 23.
ANOTHER REPORT DECEMBER 20TH, 23, AND THE FINAL ONE ON MARCH 23, MARCH 3RD, 24.
UM, DURING EACH STAGE OF THE PROCESS, WE HAVE IDENTIFIED TO THE PLANNING BOARDS THE CONCERNS THAT SOME OF THE BOARD MEMBERS HAD THEMSELVES REGARDING THE AMOUNT OF DRIVE THROUGH ACTIVITY, THE LIMITATIONS OF THE SITE, THE NUMBER OF PARKING SPACES.
AND WE REQUESTED THAT THE APPLICANT EXPLORE ALTERNATIVE LAYOUTS AND PROVIDE MORE DATA TO SUPPORT THEIR APPLICATION.
IN, IN DOING THAT, THEY INITIALLY SUBMITTED, UH, TRAFFIC COUNTS AND QUEUING ACTIVITIES FROM FOUR SIMILAR CHICK-FIL-A FACILITIES THAT THEY SAID WERE COMPARABLE TO THE ONE PROPOSED.
WE REVIEWED THE MATERIALS AND IT GENERALLY INDICATED THAT IT WAS CONSISTENT WITH WHAT WAS PROVIDED IN THE TRAFFIC IMPACT STUDY THAT THEY PREPARED.
UH, THE BOARD WAS STILL CONCERNED, THE PLANNING BOARD WAS STILL CONCERNED THAT MAYBE THESE PARTICULAR, UH, FACILITIES WERE, WEREN'T QUITE, UH, SUITABLE COMPARABLES.
AND THEY ASKED THE APPLICANT TO PROVIDE MORE STUDIES.
SO THE APPLICANT DID COME, COME BACK WITH, UH, FOUR MORE LOCATIONS.
UH, I THINK THREE OF THE FOUR, AT LEAST THREE OF THE FOUR WERE IN THE NEW YORK METRO AREA.
AND THEY REVEALED THAT, UH, TRAFFIC AND PARKING ACTIVITY WAS COMPARABLE TO THE PREVIOUS FOUR, TO THE BEST OF MY RECOLLECTION.
UM, THE TYPICAL MAXIMUM QUEUE IN THE DRIVE THROUGH WAS ABOUT 30 TO 33 VEHICLES.
AND THE PROPOSED, UH, QUEUEING ACTIVITY IN THE DRIVE THROUGH LANE IS 33 VEHICLES.
THE BOARD WAS NONETHELESS STILL CONCERNED, AND, UH, THEIR CONCERN WAS BASED ON THE FACT THAT IF DRIVE-THROUGH QUEUING, UH, EXTENDS BEYOND THE PROPERTY, IT'LL EXTEND OUT INTO THE STREET AND BLOCK TRAFFIC.
AND SO THE APPLICANT WAS ASKED TO EXPLORE WHAT COULD BE DONE.
THEY TOOK A LOOK AT THEIR SITE PLAN AND THEY MODIFIED IT BASED ON INPUT FROM THE BOARD, UH, TO ALLOW ANGLED STRIPED PARKING ON THE NORTH SIDE OF THE PROPERTY WHEN YOU COME IN FROM ALL KENSICO ROAD.
AND THAT IF DOING IS MORE AS GREATER THAN ANTICIPATED OR PROJECTED BASED ON VOLUMES THAT THEY COULD ACCOMMODATE AND EXTEND THE QUEUE BACK THROUGH THOSE ANGLED PARKING SPACES.
UH, I WILL NOTE THAT THE PROPOSED FACILITY HAS 94 SEATS, I BELIEVE AT, UH, I THINK IT'S 74 INDOORS AND 20 OUTDOORS, WHICH IS CONSIDERABLY BELOW THE, UH, AVERAGE FOR A TYPICAL CHICK-FIL-A FACILITY, WHICH IS ABOUT
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150.SO TYPICALLY INDOOR SEATING IS WHAT EQUATES TO PARKING.
UH, IF THERE'S NO SEATING AVAILABLE, YOU'RE LEFT LIKELY TO TO PARK AND COME IN.
UM, THE APPLICANT DID PROVIDE A, UH, BREAKDOWN OF, I THINK IT WAS ABOUT 10 OTHER CHICK-FIL-A FACILITIES THAT THEY PROVIDED.
AND THAT BREAKDOWN INDICATED THE NUMBER OF PARKING SPACES, THE NUMBER OF SEATS, THE AREA OF THE BUILDING, AND THE QUEUING AVAILABILITY IN THE LANE.
WE DID REVIEW THAT MATERIAL ALSO, AND IT INDICATED THAT THE PROPOSED APPLICATION, UH, CAME WITHIN OR THE AVERAGE OF THE OTHER FACILITY.
SO WE FELT COMFORTABLE WITH THAT.
SO, UM, THE BOTTOM LINE, I GUESS TO TO THIS POINT, AND I'M SORRY TO GO ON SO LONG ALONG, IS THAT THE APPLICANT HAS PROVIDED A LOT OF DATA.
THE BOARD, THE PLANNING BOARD HAS REVIEWED IT.
THEY HAVE MADE RECOMMENDATIONS THAT IF, UM, IF THIS FACILITY IS TO BE CONSTRUCTED, THE APPLICANT MUST IMPLEMENT, UH, A NUMBER OF MEASURES INCLUDING WIDENING OLD KENSICO ROAD, PROVIDING MORE GREEN TIME FOR THE OLD KENZIE ROAD APPROACH TO ONE 19, UH, HAVING A GRAND OPENING PLAN, WHICH THEY HAVE PROVIDED THAT THEY WILL IMPLEMENT AND KEEP IT IMPLEMENTED AS LONG AS THEY NEED IT.
UH, THOSE ARE THE HIGHLIGHTS, UH, FROM, FROM MY PERSPECTIVE AS A TRAFFIC AND PARKING EXPERT.
UM, THE, THE PRIMARY ISSUE THAT I WOULD BE CONCERNED ABOUT FOR THIS BOARD WOULD BE THE ADEQUACY OF THE PROPOSED 79 PARKING SPACES AND 33 QUEUING SPACES THAT ARE PROVIDED ON THE SITE.
I THINK THAT TOTAL IS 79, LET'S CALL IT 80 AND 33 IS, UH, 80 AND 33 IS, THAT'S, WHAT'S THAT, 111 PLUS OR MINUS, UH, TOTAL SPACES.
AND I THINK THE CODE REQUIRES 140 PLUS OR MINUS.
SO, UM, I, I DON'T RECALL IF THE APPLICANT HAS PROVIDED DETAILED PARKING COUNTS.
THEY HAVE PROVIDED SPECIFIC NUMBER OF PARKING SPACES PROVIDED IN OTHER FACILITIES.
SO FROM A PARKING AND TRAFFIC PERSPECTIVE, THAT IS THE ONE REMAINING ITEM THAT I THINK THIS BOARD, UH, SHOULD BE MOST CONCERNED ABOUT, WHICH IS WHETHER THEY HAVE ENOUGH PARKING IN THE 80 79 ONSITE SPACES AND 33, UH, QUEUING SPACES.
SO THAT'S MY TRAFFIC SYNOPSIS.
I APOLOGIZE FOR TAKING UP SO MUCH OF YOUR NIGHT, AND I CAN ANSWER ANY QUESTIONS YOU MAY HAVE ON THE, THE ISSUE QUESTIONS FROM THE BOARD.
YEAH, I, I HAVE A QUESTION ON THE ANGLED SPACES.
ARE THERE ANY CONCERNS THAT THEY GO DIRECTLY BACK INTO THE QUEUE? THERE'S NO WAY OUT OF THOSE SPACES, WHICH WITH THAT MANY SPACES COULD LIKE DOUBLE THE NUMBER OF CARS IN QUEUE.
'CAUSE THEY'RE GONNA HAVE TO GO THROUGH THAT WHOLE AREA AGAIN.
UH, SO YES, IN, IN THE, IN THE WORLD OF ALL OF POSSIBILITIES, THERE WOULD BE A CONCERN IF THE CUBE EXTENDED, UM, BACK INTO THE, UH, DRY VI.
AND THERE WERE PEOPLE STILL PARKED IN THE ANGLED SPACES.
BUT THE LOGIC THAT THE APPLICANT HAS PUT FORWARD AND THE BOARD HAS ACCEPTED IS THAT THERE ARE ONLY A FINITE NUMBER OF CUSTOMERS.
AND IF THE DRIVE THROUGH QUEUE IS ACCEPTED, IT'S LIKELY THAT THE PARKING WILL BE LESS SO BECAUSE PEOPLE ARE OPTING TO, TO DRIVE THROUGH INSTEAD OF PARK.
SO THE ANSWER TO YOUR QUESTION IS YES, IT'S POSSIBLE, BUT THE PLANNING BOARD HAS DETERMINED THAT IT'S UNLIKELY TO HAPPEN.
AND I'LL ALSO, I'LL ALSO JUST ADD, IF THAT IS USED FOR DRIVE THROUGH AND IT SPILLS UP OVER INTO THERE, THAT'S WHEN CHICK-FIL-A ACTIVATES ITS TRAFFIC MANAGEMENT PLAN, WHICH THEN INSTALLS CHICK-FIL-A TEAM MEMBERS AT CERTAIN LOCATIONS THROUGHOUT THE DRIVE OR PARKING LOT AND DRIVE THROUGH SO THAT THEY CAN MANAGE THE TRAFFIC.
AND TO, TO JOHN'S POINT ABOUT THE, UH, PARKING SPACES AND THE ADE ADEQUACY OF THE SAME IN OUR FEBRUARY SUBMISSION, UM, WE DID STUDY HOW MANY PARKING SPACES AT EXISTING CHICK-FIL-AS OF SIMILAR SIZES.
THERE ARE, UH, THE AVERAGE NUMBER OF OFF STREET PARKING SPACES FOR A SIMILAR FACILITY WAS 62 PARKING SPACES.
AND THERE WERE NO KNOWN PROBLEMS THAT ANY OF THOSE EIGHT CHICK-FIL-AS THAT WE STUDIED.
AND THOSE MATERIALS ARE IN, UH, EXHIBIT E OF OUR FEBRUARY SUBMISSION.
SO, EXCUSE ME, WHEN, WHEN YOU SAY, UM, LIKE ESTABLISHMENT, IS THAT THE SIZE OF THE BUILDING OR IS THAT THE POPULATION? LIKE WHAT, WHAT IT'S BOTH, IT'S IT'S SIZE OF THE BUILDING AND POPULATION.
AND THE, UH, TECHNOLOGY OF THE DRIVE THROUGH, WHICH IS GROUNDBREAKING IN SOME INSTANCES.
SO WHEN YOU DESCRIBE A TEAM MEMBERS, UM, INITIATING TRAFFIC MANAGEMENT,
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WHICH ALL SOUNDS VERY WELL AND GOOD, WHAT DOES THAT ACTUALLY MEAN? IT'S ALL HANDED OVER TO PHILLIP.PHILLIP GREELEY FROM COLLIER'S ENGINEERING AND DESIGN.
SO, UH, AS PART OF THE, UH, PLAN, THERE'S AN ACTUAL TRAFFIC MANAGEMENT HANDBOOK, UH, THAT IS ON SITE AND IT'S USED DURING THOSE PEAK TIMES.
SO, UM, WHEN THE STORE FIRST OPENS, THERE'S ACTUALLY A TEAM THAT COMES IN TO, UH, TRAIN AND ESTABLISH THE PROCEDURES AS SPELLED OUT.
AND THIS WAS, YOU KNOW, WE HAD REVIEWED THIS WITH MR. CANNING AND WITH THE PLANNING BOARD.
UM, IT'S SPELLED OUT WHERE THOSE MEMBERS ARE STATIONED.
UH, WHAT IS USED TO CONTROL THE TRAFFIC.
IT'S WHERE CONES WOULD BE PLACED, UH, FOR EXAMPLE, ALONG THE WESTERN SIDE OF THE SITE WHERE THOSE ANGLO SPACES ARE FACING OLD KENCO ROAD.
THAT'S AN AREA THAT WOULD BE USED AS SUPPLEMENTAL STACKING AREA.
SO AS MR. CANNING INDICATED, THE MAIN AREA, UH, WHICH IS KIND OF THAT WHITE AREA ON THE PLAN THAT WRAPS AROUND THE BUILDING, THAT'S WHERE THE 33 VEHICLES CAN STACK.
ONCE IT STARTS APPROACHING THE END OF THAT 33 VEHICLES IS WHEN THE TEAM MEMBERS WOULD THEN USE THE AREA ALONG THE WESTERN AREA FOR, UH, QUEUING.
AND WE CAN STACK AN ADDITIONAL 14 TO 18 VEHICLES THERE SO THAT TRAFFIC WOULD NOT BACK OUT ONTO THE ROADWAY.
SO THE TEAM MEMBERS, AND THERE'S A TOTAL OF 14 MEMBERS THAT ARE USED IN THE PARKING AREA TO DIRECT TRAFFIC.
UM, ONCE THAT AREA ALONG THE WEST SIDE IS USED FOR STACKING, UH, THERE IS STILL ENOUGH ROOM FOR ANYONE IN THOSE ANGLED SPACES IN THE CENTER AREA TO BACK OUT.
THERE'S PLENTY OF ROOM THERE BECAUSE WE HAVE THE, THE ADDITIONAL STACKING ALONG THE WESTERN SIDE OF THE PROPERTY.
UM, THE TEAM MEMBERS ARE TRAINED, THE PROCEDURES ARE SPELLED OUT HERE WHERE THEY WOULD BE POSITIONED HOW THEY WOULD CONTROL TRAFFIC.
IF TRAFFIC EVER BACKED UP TO OLD KENCO ROAD, THERE WOULD BE, UH, UH, A METHOD TO CLOSE THAT AND REDIRECT TRAFFIC TO THE COUNTY CENTER ROAD DRIVEWAY.
UH, AGAIN, IT'S, IT'S ALL SPELLED OUT IN THE TRAFFIC MANAGEMENT PLAN THAT WAS, UH, PRESENTED.
I KNOW I'M GONNA SOUND REALLY IGNORANT.
UM, BUT THERE'S ENOUGH ROOM THEN THAT IF A CAR IS PARKED IN ONE OF THOSE ANGLED SPACES AND THE QUEUING BACKS UP INTO THAT AREA WHERE THE ANGLED SPACING IS, WILL BE A TEAM MEMBER THERE WITH A PLACARD OR A FLAG MM-HMM.
AND THEN CIRCLE AROUND SO THAT THEY COULD LEAVE WITHOUT, OKAY.
I I JUST WANTED TO HAVE THAT SPELLED OUT.
SO I JUST WANTED TO MAKE SURE THAT I AM CLEAR ON WHAT THAT ACTUALLY MEANS.
BECAUSE QUITE FRANKLY, I'VE NEVER SEEN A CHICK-FIL-A BEFORE AND THEN ALL OF A SUDDEN IT'S IN THE FOREFRONT OF MY EVERY THOUGHT
I'M HEARING PEOPLE TELLING ME THAT IT COULD EASILY TAKE UPWARDS OF 28 MINUTES FROM THE TIME AN ORDER IS PLACED BEFORE YOU CAN ACTUALLY PICK IT UP.
UM, NOW THAT MIGHT BE AN EXTREME INSTANCE, BUT IT IS STILL AN INSTANCE AND YOU ONLY NEED ONE INSTANCE FOR SOMEBODY TO RAISE AN UPROAR.
SO I WANTED TO BE CLEAR WHAT TEAM MEMBER PROVIDING TRAFFIC MANAGEMENT MM-HMM.
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IT COULD REALLY MEAN VERY LITTLE.SO THE, THE, THE WHOLE OPERATION IN TERMS OF CHICK-FIL-A UH, THE TEAM MEMBERS ACTUALLY TAKE THE ORDERS.
I, I DON'T KNOW HOW FAMILIAR YOU ARE WITH, WITH THE DRIVE-THROUGH AREA.
SO TEAM MEMBERS ARE ALREADY OUT IN THE AREA TAKING, UH, ORDERS AND DELIVERING ORDERS.
SO WHEN YOU'RE IN THAT QUEUE LINE, YOU'RE BEING SERVICED.
SO AS OPPOSED TO A STANDARD DRIVE THROUGH WHERE YOU JUST GO UP TO THE ORDER BOARD, THERE'S ACTUALLY TEAM MEMBERS WITH, UH, IPADS, TABLETS.
AND THAT HELPS WITH THE EFFICIENCY AND THE PROCESSING.
SO IN THIS FACILITY, WE HAVE A DUAL LANE, UH, DRIVE-THROUGH, WHICH IS THE SAME CONFIGURATION AS THE OTHER EIGHT FACILITIES THAT WE SURVEYED.
SOME OF THE OLDER CHICK-FIL-A FACILITIES ONLY HAVE A SINGLE LANE OR HAVE A SINGLE LANE, AND THEN A DUAL LANE AT THE ORDER AREA.
THOSE ARE BEING REPLACED WITH THE NEW TECHNOLOGY AND THE NEW CONFIGURATION.
SO THIS IS THE LATEST CONFIGURATION, UH, SIMILAR TO THE EIGHT FACILITIES THAT MR. CANNING REFERENCED THAT WE PROVIDED DATA FOR.
AND, UH, THE TEAM MEMBERS ARE ALL TRAINED, UH, YOU KNOW, IN, IN THESE PROCEDURES.
AND THEY ACTUALLY BRING, DON'T, DON'T MEAN TO INTERRUPT.
AGAIN, THE, THE TERM TRAINING, UM, THESE TEAM MEMBERS ARE EXPERIENCED IN WORKING A CHICK-FIL-A PARKING LOT WITH LIKE 10, 15, 20 YEARS OF EXPERIENCE.
OR ARE THESE HIGH SCHOOL STUDENTS, SO WHAT HAPPENED LOOKING FOR PART-TIME EMPLOYMENT THAT IN THE MIDDLE OF A POURING RAIN WHEN A LOT OF PEOPLE WOULD BE USING THE DRIVE THROUGH MM-HMM.
KEEP DRIVE AND MANAGE TRAFFIC? OKAY.
SO THERE'S TWO PARTS TO YOUR QUESTION.
SO THE FIRST IS THAT DURING THE GRAND OPENING PHASE, OKAY.
SO OUR DESIGN WITH THE 33 VEHICLES IS DESIGNED TO HANDLE OUR MAX.
BUT WHEN THESE FACILITIES OPEN, YOU GET A SURGE EFFECT.
THAT'S WHEN, UH, A CHICK-FIL-A ACTUALLY BRINGS A TEAM IN FROM OUT OF TOWN THAT HAS DONE THESE GRAND OPENINGS, AND THEY STAY ON SITE FOR ABOUT TWO WEEKS, TYPICALLY.
'CAUSE THAT'S WHEN IT STARTS TO DIE BACK DOWN TO NORMAL CONDITIONS.
SO DURING THOSE GRAND OPENING PERIODS, THERE WOULD BE A EXPERIENCED TEAM THAT WOULD BE HERE THAT WOULD BE HELPING TRAIN THE PEOPLE, BUT ALSO MANAGING THIS DURING THAT PERIOD.
AND TYPICALLY IT LASTS ABOUT TWO WEEKS.
IF IT HAS TO LAST LONGER THAN THAT, THEN IT WILL UNTIL THINGS CALM DOWN.
UM, THE MEMBERS THAT, UH, WORK BOTH FOR THE ORDERING AND WORKING IN THE PARKING AREA ARE, YES, MOSTLY TEENAGERS, PART-TIME WORKERS.
BUT THERE'S A SUPERVISOR THAT WOULD, WOULD HELP GUIDE THEM.
THE TRAINING THAT I REFER TO IS THAT YOU WOULD BE BROUGHT THROUGH THE TRAINING OF WHAT THE PROCEDURES ARE, AND THOSE ONLY GO INTO PLAY IF AND WHEN THE 33 VEHICLES STACK IS EXCEEDED.
OTHERWISE IT'S JUST A STANDARD DRIVE-THROUGH WITH THE TEAM MEMBERS WITH THEIR TABLETS TAKING THE ORDERS AND DELIVERING TO THE CARS.
SO THIS IS KIND OF A BELTS AND SUSPENDERS, UH, APPROACH, UH, TO BE USED DURING THE GRAND OPENING AND DURING ANY OF THOSE PEAK TIMES IN TERMS OF POOR WEATHER CONDITIONS, THAT'S WHAT THEY DEAL WITH.
THE, THE, THE MAJORITY OF THE AREAS WHERE THE ORDERS ARE AND THE PICKUPS ARE, ARE COVERED IN THIS LAYOUT.
SO, UH, BUT YES, THEY WOULD BE TIMES IF THAT DID OCCUR, IF DURING THE GRAND OPENING PERIOD WE HAVE RAINED, LIKE WE'VE HAD TO LAST THREE OR FOUR MONTHS, THAT WOULD BE, UH, NECESSARY.
AND HOW LONG IS THIS TRAINING PERIOD? UH, IT VARIES, UH, IN TERMS OF, BUT THE, THE KEY IS THAT THE TEAM THAT COMES IN TO GET EVERYTHING ESTABLISHED IS HERE AND THI UNTIL THAT GRAND OPENING PERIOD DIES DOWN.
I, 'CAUSE I KNOW IT WOULD'VE BEEN A LONG TIME AGO, BUT I REMEMBER WHEN I WAS A TEENAGER AND DOING PART-TIME WORK AND THEN REALIZING
[00:30:02]
THIS ISN'T FOR ME AND I WOULD MOVE ON.HOW LONG WOULD IT TAKE FOR SOMEBODY TO BE TRAINED TO FILL THAT POSITION IN THESE PROCEDURES? UH, IN MATTER OF A COUPLE OF HOURS TO BE TRAINED IN IT, BUT THEY WOULDN'T BE PUT, YOU KNOW, WITH THE ROTATION IF SOMEBODY LEFT, THE MORE EXPERIENCED PERSON THAT'S ON STAFF WOULD BE USED TO, UH, HANDLE THE, THE TRAFFIC CONTROL.
SO YOU'RE NOT THROWN INTO THE FIRE, IS WHAT I'M TRYING TO SAY.
IT, IT'S, IT'S ALL SPELLED OUT WHERE, YOU KNOW, THERE WOULD BE THAT BREAK IN PERIOD SO THAT THEY UNDERSTAND AND THERE WOULD BE ONE PERSON THAT WOULD BE KIND OF MANAGING THAT.
UM, I JUST WANT TO EMPHASIZE THAT I'M ASKING THESE QUESTIONS JUST SO THAT THE ANSWERS CAN ABSOLUTELY GO ON THE RECORD.
AND I, AND I WILL SAY THAT EVERYTHING PHIL JUST MENTIONED IS IN THE TRAFFIC MANAGEMENT PLAN.
TRAFFIC MAN, THE TRAFFIC MANAGEMENT PLAN IS IN THE SECRET NEGATIVE DECLARATION OF THE PLANNING BOARD ADOPTED.
SO THAT IS ALREADY A CONDITION OF ANY DETERMINATION THAT IS MADE THAT THAT TRAFFIC MANAGEMENT PLAN THAT MR. CANNING HAS REVIEWED, THAT CHICK-FIL-A PREPARED IS A CONDITION OF ANY DETERMINATION.
ANY OTHER QUESTIONS? JUST ONE OTHER SIDEBAR.
AND OBVIOUSLY WE ARE TALKING ABOUT THE CONTROL OF TRAFFIC ON THE PROPERTY, BUT IN THE OFF CHANCE, OUTSIDE OF THE GRAND OPENING PERIOD THAT TRAFFIC BEGINS TO SNARL ON ONE 19, WHAT WOULD HAPPEN THEN? WOULD THAT THEN FALL UPON OUR POLICE DEPARTMENT TO THEN MAYBE CUT OFF TRAFFIC TO SET PROPERTY? WHAT, WHAT, WHAT HAPPENED? OKAY.
SO THERE'S, UH, DURING THE GRAND OPENING PLAN, THE POLICE DEPARTMENT WOULD ALSO BE PART OF THIS, AND PART OF THE MANAGEMENT PLAN ALSO REQUIRES HIRING OFF-DUTY POLICE DURING THAT GRAND OPENING PERIOD, JUST IN CASE THERE'S BACKUPS, UH, AFTER THE GRAND OPENING PERIOD.
THERE'S ALSO MONITORING, THERE'S A REQUIREMENT IN THE NEG, UH, IN THE SECRET NEG DECK THAT, UH, WE HAVE TO DO A MONITORING OF ACTUAL CONDITIONS TO SEE IF THERE'S ANY PROBLEMS IF THERE'S SPILL BACK, THAT WOULD BE REVIEWED BY MR. CANNING AND THE POLICE DEPARTMENT.
AND THEN MEASURES WOULD HAVE TO BE IMPLEMENTED, UH, TO ADDRESS THOSE CONDITIONS.
IT MAY BE THAT WHAT'S IN THE MANAGEMENT PLAN WOULD HAVE TO BE DONE MORE OFTEN.
AND THE WHOLE PURPOSE IS TO MAKE SURE THERE'S NO SPILL BACK OUT ONTO THE HIGHWAY.
UH, I WILL ALSO JUST ADD THAT THE PLANNING BOARD HAS GIVEN US A HEADS UP THAT ONE OF THEIR CONDITIONS OF THEIR DETERMINATION IS GOING TO BE, THERE CAN BE NO QUEUING OR SPILLOVER ONTO ANY PUBLIC ROADWAY.
IF THAT IS TO OCCUR, CONES NEED TO BE PLACED AT THE ACCESS POINT.
UM, UNTIL THEN IT CAN REOPEN AND CAN GO ONTO THE SITE.
THE PLANNING BOARD MADE THAT VERY CLEAR.
THAT'S A CONDITION THAT WE WILL THEN AGAIN, ADDRESS IN THAT LOOKBACK PERIOD WHEN WE GO BACK TO THE PLANNING BOARD.
UM, ANOTHER QUESTION JUST FOR THE RECORD.
THERE IS A TRAFFIC SIGNAL ON THE CORNER OF ONE 19 AND OLD KENSICO ROAD THAT HAS BEEN A THORN IN THE SIDES OF MANY PEOPLE IN THE COMMUNITY AND HAD BEEN A POINT OF CONTENTION IN A PRIOR CASE.
AND, UH, THERE WERE IN, THERE WAS AN ATTEMPT MADE TO HAVE THE LIGHT SEQUENCED IN SUCH A WAY SO THAT TRAFFIC ON ALL KENSICO ROAD DIDN'T HAVE TO WAIT A LONG PERIOD OF TIME IN ORDER TO CROSS ONE 19 FOR A PERIOD OF TIME THAT SEEMED TO WORK WELL.
THEN ALL OF A SUDDEN EVERYTHING SEEMED TO GO BACK TO THE WAY IT WAS PREVIOUSLY.
AND NOW WE'RE FINDING CARS DOING ALL KINDS OF CRAZY THINGS IN ORDER TO NOT STOP AT THAT LIGHT ON OLD KENSICO ROAD.
SO I'M TRYING TO FIND OUT WHAT'S GOING TO BE DONE ABOUT THAT LIGHT, BECAUSE THERE WILL FOR SURE
[00:35:01]
BE A LOT MORE TRAFFIC ON OLD KENSICO ROAD AND WHAT WOULD HAPPEN IF THE LIGHT DECIDES TO BREAK AGAIN.IS THAT A TOWN OF GREENBERG RESPONSIBILITY OR IS THAT GOING TO BE A CONDITION OF THIS APPLICATION? OKAY.
SO, UH, PART OF THIS APPLICATION AND PART OF THE PLANNING BOARDS REQUIREMENTS, UH, AND NEW YORK STATE DOT REQUIREMENTS IS THAT WE HAVE TO MAKE IMPROVEMENTS.
THOSE IMPROVEMENTS INCLUDE WIDENING OLD KENCO ROAD, APPROACHING THE SIGNAL THAT PROVIDE THREE LANES.
SO THERE WOULD BE A LEFT LANE, A THROUGH LANE, AND A RIGHT LANE.
RIGHT NOW IT'S JUST TWO LANES APPROACHING THAT LIGHT.
UH, WE ARE ALSO WIDENING, UH, TO PROVIDE ADDITIONAL SPACE NORTHBOUND ON OLD KENCO, TURNING INTO THE FORMER ERNESTO'S PROPERTY TO GIVE US THE, THE PAVEMENT WIDTH THAT WE NEED.
UH, THE SECOND PART OF THE IMPROVEMENT IS TO, THE PROBLEM THAT EXISTS OUT THERE TODAY IS IT'S ON WHAT'S CALLED A FIXED TIME BASIS.
WHEN EVERYTHING WAS OPERATING FINE, IT WAS ON AN ACTUATED OPERATION.
SO IT WOULD REACT TO THE, THE LOADING AND IT COULD VARY THE AMOUNT OF GREEN TIME PROVIDED TO OLD KENSICO ROAD THAT IS NOT FUNCTIONING CURRENTLY.
IT'S GETTING A FIXED AMOUNT OF TIME.
AND WHAT HAPPENS WHEN YOU GET A SURGE FROM THE NEIGHBORHOOD COMING OUT, IT QUEUES UP AND THAT'S WHEN WHAT YOU REFER TO AS PEOPLE DOING ALL SORTS OF THINGS TO AVOID IT.
UM, SUCH AS USING THE RIGHT HAND, RIGHT TURN ONLY LANE IN ORDER TO GO STRAIGHT THROUGH THE INTER STRAIGHT THROUGH THE INTERSECTION.
SO WE ARE, AND I'VE DONE THAT.
PUT YOUR HANDS ON THE RECORD
SO OUR ARREST ME, OUR, OUR RESPONSIBILITY.
AND WE'VE BEEN COORDINATING WITH NEW YORK STATE DOT AND ALSO WITH THE CITY OF WHITE PLAINS, BECAUSE ON TARRYTOWN ROAD ONE 19, THERE'S ACTUALLY A SYSTEM THAT, THAT RUNS ALONG UP THROUGH THIS INTERSECTION.
EVEN THOUGH THIS INTERSECTION IS IN THE TOWN OF GREENBURG AND IS UNDER NEW YORK STATE, DOT CONTROL, IT'S PART OF THE WHITE PLAIN'S ADAPTIVE TRAFFIC SIGNAL SYSTEM.
UH, SO WE'VE BEEN IN CONTACT WITH THE COMMISSIONER, UH, AND A TRAFFIC ENGINEER AND THEY ACTUALLY HAVE SOME EQUIPMENT BUT HAVEN'T BEEN ABLE TO GET IT IMPLEMENTED.
SO WE ARE GOING TO BE RESPONSIBLE FOR THAT.
UH, THE TECHNOLOGY THAT NEW YORK STATE DOT IS NOW USING AT THESE SIGNALS IS MORE RELIABLE.
UH, THE TECHNOLOGY THAT WAS USED HERE BEFORE WERE LOOPS CUT INTO THE ROADWAY ORIGINALLY, AND THEN THEY STARTED DIFFERENT TYPES OF, OF DETECTION, UH, THAT WERE NOT FUNCTIONING PROPERLY WHEN A, A LOOP FAILED, UH, FOR WHATEVER REASON, THEY DID NOT HAVE THE MAINTENANCE POWER TO MAINTAIN THAT.
SO VIDEO DETECTION IS WHAT IS CURRENTLY BEING USED ON ALL SIGNALS THAT ARE BEING UPGRADED.
THAT IS WHAT NEW YORK STATE DOT TOGETHER WITH THE CITY OF WHITE PLAINS WILL REQUIRE US TO DO.
WE ALSO HAVE TO UPDATE THE PEDESTRIAN SIGNALS AT THE INTERSECTION AND ALSO ADDRESS SOME A DA COMPLIANT ISSUES IN TERMS OF SOME OF THE CURB RAMPS.
SO THAT'S OUR RESPONSIBILITY AT OUR COST, UNFORTUNATELY.
UM, WE SHALL SEE ARE, ARE WE GONNA HAVE TO WAIT FOR THIS APPLICATION TO BE EITHER APPROVED OR DENIED BEFORE THAT TRAFFIC LIGHT IS FIXED? UH, WE ARE ACTUALLY WORKING WITH THE STATE AND THE CITY TO GET SOMETHING DONE IN THE INTERIM TO HELP THE SITUATION, BUT THEY'RE LOOKING AT US, SO THEY, IT, IT, IT'S KIND OF A, A CHICKEN AND AN EGG THING.
THEY WANT US TO BE RESPONSIBLE, BUT AT THE SAME TIME THEY UNDERSTAND THAT THERE'S A PROBLEM AND WE'RE ACTUALLY HAVING A CALL, UH, JOINTLY WITH THEM TO TRY TO GET THE SITUATION AT LEAST, UH, TEMPORARILY RECTIFIED, NOT, NOT AS GOOD AS WHAT WE'RE GONNA DO, BUT TO GET SOME RELIEF OF WHAT'S HAPPENING THERE TODAY.
WE BROUGHT IT TO THEIR ATTENTION BECAUSE SURPRISINGLY, MEMBERS OF THE NEIGHBORHOOD REALLY DON'T CARE MUCH ABOUT
[00:40:01]
14 VARIANCES.WHAT THEY DO CARE ABOUT IS HOW THIS APPLICATION AND THE INSTALLATION OF A CHICK-FIL-A IN THIS LOCATION IS GOING TO CREATE HAVOC TO THEIR NORMAL DAY-TO-DAY LIFE.
SO WE ON THE BOARD HAVE BEEN HEARING ALREADY PLENTY OF COMMUNITY FEEDBACK.
SO WE NEED TO MAKE SURE THAT IT GOES ON RECORD THAT THIS IS GOING TO BE FIXED.
REGARDLESS OF WHAT GOES INTO THIS, UM, INTO THIS LOCATION.
SO SINCE DAY ONE, UH, WE WERE THE ONES THAT IDENTIFIED THE ISSUE.
WE IDENTIFIED FOR CHICK-FIL-A, THAT THIS IS GONNA BE OUR RESPONSIBILITY, UH, TO GET DONE.
UH, THEY'VE MADE THAT COMMITMENT.
WE'VE ACTUALLY DONE THE DESIGN DRAWINGS, THEY'RE UNDER REVIEW.
UH, THEY'RE PROBABLY 75 TO 80% DRAWINGS I'LL CALL IT AT THIS POINT, WHICH IS UNUSUAL.
YOU USUALLY DON'T DO THOSE UNTIL YOU KNOW YOU HAVE AN APPROVED PROJECT.
UM, WE'VE BEEN WORKING WITH DOT OVER THE LAST YEAR, UH, TO GET IT TO THAT POINT.
AND I THINK WE'RE IN PRETTY, PRETTY GOOD SHAPE TO HELP, UH, REMEDY THIS SITUATION.
ANYONE ELSE ON THE BOARD? I JUST HAD ONE QUESTION.
UM,
CAN YOU JUST EXPLAIN WHY THIS NEW BUILDING CANNOT BE BUILT IN A WAY THAT CONFORMS TO THE GREENBURG ZONING ORDINANCE? SURE.
SO IN OUR, UM, LEMME JUST GO TO THE RIGHT PAGE HERE.
IN OUR RECENT SUBMISSION, I KIND OF WENT THROUGH EACH VARIANCE WITH INPUT FROM OUR TEAM, UM, AS TO WHY WE, THE DESIGN HAS BEEN GOING ON FOR OVER A YEAR NOW.
AND, AND WE'VE REALLY MINIMIZED THE VARIANCES TO THE MAXIMUM EXTENT PRACTICABLE.
SO ON THIS SITE, BECAUSE OF THE SETBACKS IN THE ISLAND OF THE SITE, UM, THERE'S ONLY ABOUT A 70 FOOT WIDE BUILDING ENVELOPE THERE.
SO REALLY NO MATTER WHAT YOU'RE BUILDING, UM, IS LIKELY GOING TO NEED AREA VARIANCES.
UM, IN ADDITION, THIS, THIS PROJECT AT 5,000, UH, 28 FEET IS DESIGNED TO HANDLE, UH, PEDESTRIAN TRAFFIC.
YOU'RE GOING TO HAVE FOLKS THAT ARE WALKING FROM COUNTY CENTER ROAD, FROM OFFICE BUILDINGS, FROM ACROSS THE STREET AT 10 COUNTY CENTER ROAD, MAYBE FROM THE APARTMENTS IN THE, IN THE, UH, RESIDENCES THAT ARE NEARBY.
AND THOSE PEOPLE WILL BE DINING IN.
UM, YOU ALSO HEARD JOHN MARTINEZ FROM CHICK-FIL-A AT OUR LAST MEETING, TALK ABOUT HOW NOW THAT COVID-19 IS OVER, THEY ARE SEEING MORE PEOPLE WALKING AND, AND DINING IN.
UM, SO THIS FACILITY IS YOUR AVERAGE SIZE CHICK-FIL-A AND IT'S WHAT THEY HAVE SEEN.
THEIR MARKET DATA SHOWS ENOUGH SEATING FOR THE EXPECTED PEDESTRIANS AND DINE-IN SEATERS OR DINE-IN EATERS, UH, AS WELL AS TRYING TO PROVIDE ENOUGH SPACE FOR, UH, THE LONG DRIVE THROUGH.
BECAUSE NO MATTER THE SIZE OF THE BUILDING, THE DRIVE THROUGH NEEDS TO BE THE LENGTH THAT IS AS SHOCKING AS THAT SOUNDS, BUT IT'S REALLY THE BUILDING ENVELOPE, UM, THAT RESULTS IN THE AREA VARIANCES, OBVIOUSLY.
ANY OTHER QUESTIONS FROM THE BOARD AT THIS MOMENT? THAT IS YES.
JUST MY NAME IS MURRAY BOWDEN.
I'M DEALING WITH ONCOMING DEMENTIA.
SO IF I SCREW THINGS UP, PLEASE TELL ME.
ON JANUARY, IN DECEMBER, THEY CAME OUT WITH A NEW MANUAL OF U IN DECEMBER, UU MANUAL UNIFORM TRAFFIC CONTROL DEVICES IN THIS 2023.
AND THEY TOOK OUT SOMETHING CALLED WARRANTS AND THEY SAID QUITE CLEARLY, 'CAUSE I'VE BEEN TO ALL OF THE WEBINARS TELLING US, IF YOU SEE SOMETHING THAT MAKES SENSE, YOU DON'T DOCUMENT IT AND SEND IT TO US.
AND IF IT'S REASONABLE AND LEGAL DO IT,
[00:45:01]
YOU DON'T NEED OUR PERMISSION ANYMORE.I, I'VE DRIVEN ON A SITE, I'VE DONE IT A NUMBER OF TIMES TO LOOK WHAT'S GOING ON AND SAYING TO MYSELF, THIS DOESN'T MAKE ANY SENSE.
NOW, ALONG THE ROAD TO DOBBS FERRY ROAD, I GUESS ONE 19, YOU GOT PARKING SPACES, WHICH MEANS THE PEOPLE PARK THERE HAVE TO CROSS TRAFFIC TO GET IN.
WHY DON'T YOU PUT THE PARK THE, THE DRIVE LANE AGAINST THE FENCE INSTEAD OF IN THE MIDDLE SO PEOPLE DON'T HAVE TO BACK UP AND CROSS TRAFFIC TO GET OUT.
YOU, YOU SAID DOBBS FERRY ROAD.
WELL, YOU KNOW, ON THE LEFT SIDE OF THERE WHERE THAT GREEN LINE IS THERE, THERE'S A SET OF SPACES FOR PEOPLE TO PARK MAKE THAT THE LANE WHERE YOU FEED THE, THE DRIVE THROUGH, IT'S NOT USUALLY DONE.
BUT THAT MAKES SENSE THEN PEOPLE GETTING OUTTA THEIR CARS THERE DON'T HAVE TO CROSS TRAFFIC.
MORE PEOPLE ARE BACKING IN TODAY THAN EVER BEFORE.
WHICH MEANS THAT YOUR STANDARD PARKING WILL LEAD TO BE SIX INCHES WIDER HERE EVERYWHERE.
AND WHEN YOU PULL OUT, YOU CAN SEE WHAT'S GOING ON.
WHEN THEY PUT UP, I'M A HANDICAP DRIVER, WHEN THEY PUT UP THE POLE, IT SAYS THIS IS A HANDICAP SPACE.
THEY PUT IT RIGHT IN THE MIDDLE OF THE SPACE.
TAKE THE POLE AND PUT IT ON THE SIDE SO I CAN DRIVE FORWARD IF I CAN.
IF THEY NOT, WHEN PEOPLE ARE PARKING, IF THEY CAN DRIVE FORWARD, THEY WILL.
AND IF THEY NEED TO BACK OUT, THEY'LL BACK IN SO THEY CAN DRIVE OUT FORWARD.
THEY SAID THEY'RE GOING TO BRING PEOPLE IN HERE TO DIRECT TRAFFIC.
LIEBERMAN'S JUST OPENED IN ODDSLY.
THEY'VE HAD EXPERIENCE IN THE STORES IN NEW YORK AND THEY HAD STAFF.
NOBODY KNEW WHAT THEY WERE DOING AND THEY HAVE EXPERIENCE AND THEY BROUGHT STAFF IN FROM THERE.
THEY'RE GONNA STAY THERE A LITTLE TIME AND THEY'RE GONNA LEAVE.
AND THE IDEA THAT THEY'RE GONNA HAVE ENOUGH STAFF TO BE OUTSIDE WHERE NOBODY CAN HIRE ANYBODY TODAY.
EVERYBODY GOTTA SIGN OUT HERE SAYING HELP ON IT.
I NOW REALIZE NONE OF THE THINGS I'VE BEEN WORKING ON ARE GONNA GET DONE.
EACH OF YOU NOW IS REQUIRED TO USE YOUR SITE AND LOOK AT THE THINGS THAT I'VE SPOKEN ABOUT AND SEE IF IT MAKES SENSE TO YOU.
WHAT YOU SAW ABOUT CUTTING ACROSS NEW YORK STATE.
THEY HAVE THREE MAJOR DUMP TRUCKS FOLLOWING A SMALLER CAR TRUCK WITH ONE GUY FILLING POTHOLES.
'CAUSE THAT'S WHAT THE MANUAL SAID 50 YEARS AGO.
BUT IF YOU GOT A HELP TRUCK WITH A SIGN ON TOP, THERE'S NO THREE TRUCKS BEHIND HIM.
SO WHY DO THEY HAVE THE THREE TRUCKS EACH USING GAS IN THERE? YOU WANT TO BLOCK TWO LANES, DROP A SNOWPLOW ON A SIDE THERE AND LET 'EM THERE AND THEY WOULD STOP, YOU KNOW, WITH BUMPERS, WITH THE POLLUTION AND EVERYTHING ELSE.
NEW YORK STATE IS OUT TO LUNCH.
I'VE BEEN POINTING OUT WHERE THEIR LINES ON A ROAD ARE COMPLETELY ILLEGAL WITH AUTOMATIC DRIVERS TODAY.
CAUSE THAT SEMI DRIVE THEMSELVES.
IT TAKES LESS COMPUTING POWER.
IF THE YELLOW EDGE LINE IS, UH, THE LEFT EDGE LINE IS ALWAYS YELLOW AND THE RIGHT ONE IS WHITE AND YOU KNOW THE DIRECTION OF TRAFFIC, YOU GO DOWN AND YOU ARE REQUIRED EACH OF YOU TO LOOK WHEN YOU GO ON A RAMP.
WHY IS THERE A WHITE LINE WHERE YOU CAN'T GO AND THERE'S A GUARDRAIL THERE AND A LINE IS STILL WHITE.
AND GARRETT HAS PICTURES IN HIS FILE THAT I'VE SENT THEM OVER THE YEARS.
SO WHAT I DO IS EMPOWER YOU TO FOLLOW IT UP.
WHEN YOU SEE IT AND YOU DESCRIBE, I GO ON THE RIGHT LINE, THEY GO RIGHT ACROSS.
WHY IS IT THE SIGN ON THE TOP WITH THREE ARROWS TO TELL US WHICH LANE? THEY HAVE A DOWN ARROW.
YOU'RE SUPPOSED TO KNOW WHAT THAT MEANS
[00:50:01]
ON A SIDE OF THE ROAD.THEY GOT A LITTLE SIGN THAT TELLS YOU WHAT IT IS.
BUT WAS THAT LITTLE SIGN UP ON TOP? THEY CAN'T STOP USING DOWN ARROWS BECAUSE THEY USED THEM 50 YEARS AGO WHEN THE SPEEDS WERE HALF TO WHAT THEY ARE NOW.
THEY MADE THE SIGN BECAUSE G UH, 3M WANTED TO SELL A LOT OF MATERIALS.
MADE THE SIGN HIGH VISIBILITY, THE GREEN, YOU CAN SEE IT A HALF A MILE AWAY.
MR. BROAD, MR. BODEN APPRECIATE THE COMMENTS.
I JUST UH, JUST WANT TO RELATE THEM TO CHICK-FIL-A DO YOU HAVE MORE CHICK-FIL-A COMMENTS? THESE ARE THE THINGS THAT IMPACT THE DECISIONS YOU MAKE ABOUT PARKING.
OKAY? AND THE FACT THAT YOU ARE REFERRING TO DOT, WHICH IS OUT OF SIGHT, THEY ARE COMPLETELY ILLEGAL AND NOBODY'S BEEN ABLE TO STOP 'EM.
SO I'VE BEEN DOING THIS FOR 30 YEARS.
I DESIGNED THE DOTTED LINE FOR AN AUXILIARY LANE.
IT'S GOT RAIN, RIGHT? AND GENE HAWKINS, THE THREE OF US DID IT.
THAT WAS 30 YEARS AGO AND IT'S STILL NOT IMP IMPLEMENTED CORRECTLY.
DO I KNOW WHAT I'M TALKING ABOUT? FOR 30 YEARS I SAT ON A COMMITTEE THAT DESIGNED THE MARKINGS AND TODAY THEY'RE STILL WRONG.
YOU, YOU KNOW WHAT'S GOING ON OUT THERE.
THIS PART, HAVING, HAVING THE PEOPLE BACK OUT FROM THE LEFT SIDE WHERE THE GREEN LINE IS.
PUT THAT LANE OVER THERE AND LET THE PEOPLE NOT HAVE TO CROSS IT.
WE NEVER DID IT THAT WAY BEFORE.
IT'S TIME WE STARTED TO DO THINGS DIFFERENTLY.
YOU KNOW, ANYBODY SAYS TO ME, HOW ARE YOU? AND THEY JUST WALK AWAY.
I'M FURIOUS 'CAUSE THEY REALLY DON'T WANNA KNOW HOW I AM.
IF YOU'RE SERIOUS AND YOU WANNA KNOW HOW I AM, I'LL TELL YOU I'M FAILING.
OKAY, ANYONE ELSE IN THE AUDIENCE? LET, GOOD EVENING.
DARI FROM 10 COUNTY CENTER ROAD.
UM, I HAVE A FEW COMMENTS TO MAKE.
UH, THEY'RE A LITTLE BIT ALL OVER THE PLACE, BUT I'LL TRY TO BE CONCISE.
JUST BEAR WITH ME 'CAUSE THESE ARE JUST HANDWRITTEN NOTES.
I READ THE RESPONSES FROM THE LAST MEETING AND THE LAST TIME THAT I SPOKE AND I WAS DISMAYED THAT THEY DID NOT ACTUALLY ANSWER THE QUERY OR THE PROBLEMS THAT I HAD.
INSTEAD THEY CHOSE TO ANSWER THAT MY COMPLAINT OR MY ISSUE HAD TO BE WITH THE ELIMINATION OF ALL STREET PARKING SPOTS.
THE FOUR OR FIVE ELIMINATION OF ALL STREET PARKING SPOTS ARE NOT ACTUALLY WHAT I'M CONCERNED ABOUT.
I'M CONCERNED ABOUT, UM, THE DESIGN THAT'S BEEN PRESENTED AND THE OPPORTUNITY FOR ONE SINGLE DRIVER TO BLOCK ACCESS TO THE ENTIRE NEIGHBORHOOD AND AREA BY CHOOSING TO MAKE A LEFT HAND TURN.
WHERE EVEN THOUGH YOU'RE NOT SUPPOSED TO MAKE ONE, AS WE HEARD EARLIER TODAY FROM THE BOARD MEMBER, EVEN THOUGH IT SAYS RIGHT, ONLY SOME PEOPLE STILL DECIDE AND CHOOSE TO GO STRAIGHT.
AND IF YOU DON'T, COMING OUT OF THIS, IF WE ALLOW DRIVERS TO MAKE A LEFT TURN ONLY, MY CONCERN IS THAT THEY BLOCK THE ENTIRE ACCESS TO THE AREA.
THAT'S ALL THE BUSINESSES AT THE BUILDING ACROSS THE WAY.
THE MULTI-USE BUILDING ACROSS THE WAY.
ALL THE RESIDENCES THAT ARE AROUND AND BLOCKING THAT TRAFFIC THAT IMMEDIATELY THEN BLOCKS UP ONTO ONE 19.
THE TRAFFIC MANAGEMENT PLAN THAT'S BEEN DISCUSSED DOES NOT CALL FOR TEAM MEMBERS GOING OUT ONTO THE STREET TO REDIRECT TRAFFIC.
HE CALLS FOR TEAM MEMBERS REDIRECTING TRAFFIC ON THE SITE.
I HOPE THAT IN THE NEXT REBUTTAL LETTER THAT THAT IS ADDRESSED.
UM, EXCUSE ME, BUT SHOULDN'T THAT BE THE RESPONSIBILITY OF THE PLANNING BOARD? I'M GONNA GET TO THAT.
I'M GONNA GET TO THAT AS WELL.
ARE YOU GOING TO GET TO THAT? I SOON? YEAH.
[00:55:02]
THE WAY THAT THE TRAFFIC MANAGEMENT PLAN HAS BEEN PRESENTED HERE IS LIKE A LIGHT SWITCH.WE TURN IT ON AND IMMEDIATELY TEAM MEMBERS HAVE DEPLOYED OUTSIDE AND THEY HAVE TAKEN CARE OF ALL THE TRAFFIC THAT MAY OR MAY NOT HAPPEN ALL IN ONE SHOT.
AND I JUST DON'T UNDERSTAND HOW THAT COULD HAPPEN BECAUSE I RUN JOB SITES AND PEOPLE AND NOTHING EVER HAPPENS IMMEDIATELY.
EVEN THOUGH I KNOW WHAT HAS TO HAPPEN AND EVERYONE KNOWS WHAT HAS TO HAPPEN, NOTHING ACTUALLY EVER HAPPENS IMMEDIATELY.
I WOULD LOVE TO KNOW WHAT THE DEPLOYMENT TIME IS FOR SOMETHING LIKE THAT AND HOW THEY WILL DEAL WITH THAT TRAFFIC MANAGEMENT PLAN THAT KEEPS BEING SAID, THAT IS GOING TO BE DEPLOYED ONLY WORKS IF THERE ARE NO CARS PARKED IN ANY OF THAT ANGLED PARKING.
IF THERE ARE CARS PARKED IN THAT ANGLED PARKING, THEN THE TRAFFIC MANAGEMENT PLAN HAS TO WORK AROUND THAT AND IT'S PUT ON HOLD.
IT HAS TO WAIT UNTIL THOSE CARS ARE TOLD TO BACK UP AND LEAVE SO THAT THIS PLAN CAN BE IMPLEMENTED.
SO RELYING ON THIS, AND WE'VE HEARD BEFORE AND THE BOARD BROUGHT UP THAT FINDING PEOPLE TO DO IT IS NOT THE, UH, BEST WAY TO GO ABOUT IT.
AND I JUST, I FEAR THAT THIS DEPLOYMENT IS NOT GOING TO BE AS INSTANTANEOUS AS IT'S BEING, UH, PROPOSED TO BE.
IF THE BACKUPS I WAS UH, TOLD, UH, IT WAS SAID PRIOR, BEFORE THAT BACKUPS, IF THE BACKUPS WERE HAPPENING, UM, AND THE SITE WAS SPILLING BACK ONTO THE PUBLIC ROADWAY, THAT CONES WOULD BE PLACED TO BLOCK THAT ENTRANCE AND THEN TRAFFIC WOULD BE REDIRECTED TO THE OTHER ENTRANCE, WHICH IS ON COUNTY CENTER ROAD.
UM, THE WAY THAT THE LINE STRIPINGS, YOU CAN'T SEE IT ON THIS PLAN, BUT THE WAY THAT THE OTHER LINE STRIPINGS ARE, AND THE WAY A TRAFFIC CIRCLE WORKS IS YOU'D HAVE TO GO AROUND THE TRAFFIC CIRCLE TO GO BACK ONTO COUNTY CENTER ROAD FROM THIS ENTRANCE.
YOU CAN'T MAKE A SHARP RIGHT FROM THIS ROAD ONTO COUNTY CENTER ROAD.
ONCE THOSE LINE STRIPINGS ARE THERE.
AND IF YOU'RE GOING AROUND THE CIRCLE TO DOING THAT OR GOING AROUND THE CIRCLE TO GET BACK ONTO COUNTY CENTER ROAD, WHAT ABOUT ALL THE CARS THAT ARE QUEUED UP THERE TO LEAVE? THAT'S ALSO GOING TO BE AN ISSUE.
I'M A LITTLE CONFUSED BY THE, WHAT MY PROPOSALS WERE TO HELP MOVE TRAFFIC ON THIS SITE WAS A WAY TO INCREASE IT WOULD ACTUALLY INCREASE, UH, DRIVE THROUGH TRAFFIC, WHICH WOULD HELP CHICK-FIL-A SEEING THAT THEY HAVE PUBLICLY SAID THAT 60% OF THE REVENUE COMES FROM DRIVE THROUGH.
THAT'S WHY THEY HAVE A DOUBLE DRIVE THROUGH.
AND I'M CONFUSED BECAUSE THOSE THINGS THAT I'VE SAID THAT WOULD HELP THE NEIGHBORHOOD AND HELP REMOVE TRAFFIC OFF THE STREET ONTO THE SITE AND IT ELONGATE THE QUEUING AND HELP MORE PEOPLE DO THEIR DRIVE THROUGH, SEEM TO BE FOUGHT AGAINST, THEN NO ONE WANTS TO DO IT.
WHICH JUST DOESN'T MAKE ANY SENSE TO ME.
IF 60% OR 65% OF YOUR REVENUE COMES FROM DRIVE THROUGH, THEN SOMEONE'S PUTTING FORTH A PLAN TO HELP YOU MAKE MORE REVENUE BY UTILIZING THAT.
AND YOU TURN AROUND AND YOU SAY, NO, I DON'T WANT TO DO THAT.
I'M JUST REALLY CONFUSED BY THAT STANCE SO I COULD ASK YOU A QUESTION.
YOUR EXPERTISE IN TRAFFIC MANAGEMENT IS WHAT? I DON'T HAVE THIS 'CAUSE AGAIN, WHAT VERY OFTEN HAPPENS, AND I I'M GOING ALONG WITH THE FELLOW BOARD MEMBERS SAYING, I APPRECIATE WHAT YOU'RE SAYING, BUT IF I COULD PUT WHAT YOU'RE SAYING, AT LEAST THE FIRST THREE OR FOUR POINTS INTO A LUMP SUM IS EXACTLY WHAT I JUST ASKED THE QUESTION.
AND THAT WE ARE NOT WASTING YOUR TIME ON ANYONE ELSE'S TIME.
ONCE THE TRAFFIC, THEIR RESPONSIBILITY IS WHAT HAPPENS ON THEIR PROPERTY.
AND ONCE IT DOES SPILL OUT ONTO THE ROADWAY, I SPECIFICALLY ASK THE QUESTION AND WE'LL STIPULATE THAT SOMEWHERE IN HERE THAT IF IT SHOULD BACK UP ONTO THE STREET, WE DON'T WANT THE NEIGHBORHOOD BEING IMPACTED.
I'M CONCERNED ABOUT ONE 19 PEOPLE GETTING UP AND THROUGH THE THOROUGHFARE TO GET ONTO 87.
WE HAVE THE EXACT SAME CONCERN THAT YOU DO.
BUT IF YOU'RE TELLING ME YOUR EXPERTISE IN TRAFFIC MANAGEMENT IS GREATER THAN THE TOWN'S EXPERTISE AND THEIR EXPERTISE, I'M JUST CONFUSED AS, AND I WANT, I HEAR YOUR PASSION.
BUT WHAT IS IT THAT YOU'RE PROPOSING THAT'S ANY DIFFERENT THAN THEM MANAGING THE PROP, THEIR PROPERTY, THE WAY THEY SEE FIT, THEY'RE ALLOWED TO MANAGE THEIR PROPERTY THE WAY THEY SEE FIT.
YOU KNOW, WHATEVER THEY DO ON THEIR PROPERTY IS UP TO THEM.
I'VE SAID FROM THE START, I ACTUALLY WELCOME CHICK-FIL-A MM-HMM.
I JUST WANT THEM TO BE A GOOD NEIGHBOR.
I DON'T WANT THEM TO COME ON HERE.
'CAUSE WHAT YOU SAID, NOT TO CUT YOU OFF.
IF YOU DID MAKE THE RIGHT OUTTA THIS PROPERTY, YOU CAN MAKE A A RIGHT ONTO KENCO AND COME BACK THE OTHER WAY.
GARY, CAN CAN YOU GO, YOU CAN MAKE THE RIGHT THERE BEFORE YOU GO TO THE CIRCLE.
[01:00:01]
THINK TWO SLIDES WHERE THEY SHOW THE NEW LINE DELINEATIONS THAT THEY'RE LOOKING THROUGH ON THE MARKINGS? I HAVE TO DO THAT.YOU WANT THE TRAFFIC CIRCLE? THE TRAFFIC CIRCLE PLEASE.
AND THEN YOU ALSO HAVE THE EGRESS THAT ACTUALLY EXIT DIRECTLY TOWARDS YOUR PROPERTY.
SO I MEAN THERE ARE STILL TWO E EXITS THAT ARE HAPPENING IN THAT SAME CORNER.
SO IF YOU HAD TO EVACUATE PEOPLE OFF OF THAT PROPERTY OR HAVE THEM COME BACK IN THROUGH THE OTHER SIDE, TO ME IT'S BEEN ADDRESSED.
I'M JUST TRYING TO FIGURE OUT WHERE THE DISCONNECTED IN TERMS OF, AND EVEN MAORI HAS RAISED IT AS WELL IN TERMS OF THE LINES.
I WOULD HAVE A CONTEST WITH HIM AS WELL THAT MOST PEOPLE THAT CARRY A WHEELCHAIR IS USUALLY IN THE TRUNK.
AND IF YOU DO BACK IN, YOU CAN'T GET IT OUT 'CAUSE YOU DIDN'T HAVE TO BRING IT AROUND THE CAR.
SO WE'RE TALKING TOMATO TO TOMATO IN TERMS OF THAT, IN TERMS OF PULLING IN, BACKING IN FOR THAT.
THAT'S WHAT I'M TRYING TO SAY.
THAT'S, THAT'S A SITE, THAT'S A PSYCH THING.
I I THINK, I THINK AGAIN, IT GOES TO WHAT, WHAT I'VE SAID FROM THE BEGINNING, AND I'VE SPOKE WITH THE ATTORNEYS AND THE ENGINEER AND, AND I'VE SAID BEFORE, THE ENGINEER, I THINK 85%, 88%, THEY DID A GREAT JOB.
YOU KNOW, IT WAS, THIS SITE IS A VERY DIFFICULT SITE TO DO WHAT THEY'RE ASKING TO DO AND THEY'RE ALMOST THERE.
A LITTLE BIT OF
WE DON'T FALL INTO ANY ISSUES.
BECAUSE AGAIN, I THINK TO MY POINT, THE THE GREATER ISSUE BEYOND THAT, WE WANT ANY BUSINESS THAT COMES INTO TO GREENBURG TO BE SUCCESSFUL.
BUT IF SAID BUSINESS IS NOW GOING TO IMPACT OTHER BUSINESSES YES.
AND THAT IS A CONCERN IN TERMS OF WHETHER THE, WE CONSIDER IT DI MINIMIS OR IT'S TOO, THERE, THERE ARE OTHER FACTORS THAT WE'RE LOOKING AT AS WELL.
SO I JUST WANNA MAKE SURE THAT YOU UNDERSTAND THAT WE'RE NOT SITTING HERE BLIND EYE THAT, YOU KNOW, JUST BECAUSE THEY DID PRESENT A VERY NICE ARGUMENT THAT WE ARE OKAY WITH EVERYTHING THAT'S BEEN PRESENTED.
I THINK, I THINK WHAT I'M TRYING TO SAY IS YES.
IS IT A PLANNING BOARD ISSUE? SHOULD OF THESE THINGS HAVE BEEN PLANNED BOARD, I'M NOT BE WORRIED ABOUT THAT.
WE'RE HERE NOW, SO WE'RE GONNA DEAL WITH THAT.
UM, THE VARIANCE APPROVAL PROCESS IS NOT A RUBBER STAMP.
IT IS NOT AN AUTOMATIC JUST BECAUSE SOMEONE WANTS TO DO SOMETHING ON THE PROPERTY.
REGARDLESS OF HOW MUCH MONEY THEY'RE GOING TO MAKE OR HOW, HOW GOOD IT IS FOR THE COMMUNITY.
IT'S NOT A RUBBER STAND PROCESS PROCESS.
THEY'RE NOT AUTOMATICALLY GUARANTEED 12 VARIANCES JUST BECAUSE THEY WANT TO PUT A CHICK-FIL-A AND THEY MAY BE AREA VARIANCES THAT ARE NOT, UH, LIKE, THEY'RE NOT THE THE BIGGEST THINGS IN THE WORLD, BUT THE SITE ITSELF AND ITS TRAFFIC PATTERN AND HOW IT IMPACTS THE NEIGHBORHOOD ARE VERY, VERY IMPORTANT.
AND THOSE SHOULD WEIGH IN HEAVILY ON WHETHER OR NOT A SPECIAL APPROVAL, WHICH IS A VARIANCE TO THE ZONING CODE IS GRANTED.
AND THAT'S WHERE YOU GUYS COME IN.
THAT'S WHY WE'RE, WE'RE HERE AND THAT'S WHY WE'RE HERE TO TALK TO YOU.
IT'S NOT A FOREGONE, YOU'RE NOT A RUBBER STAMP BOARD.
YOU'RE HERE TO MAKE A DETERMINATION ON THE VIABILITY OF WHAT THEY'RE ASKING FOR THE IMPACT OF THE COMMUNITY.
I WOULD WANT THEM TO COME AND THEY WANT THEM TO BE SUCCESSFUL, BUT NOT AT THE DETRIMENT OF THE SMALL BUSINESSES THAT ARE IN THE AREA AND NOT AT THE DETRIMENT OF THE PEOPLE WHO LIVE IN THE AREA AND NOT OF THE DETRIMENT OF EVERYONE WHO TRAVELS IN THAT AREA.
THAT'S, THAT, THAT'S NOT, THAT'S NOT THEIR RIGHT TO TAKE AWAY FROM EVERYBODY ELSE.
THAT THAT'S NOT HOW THAT WORKS.
AND AND IT MAY BE THE WRONG BOARD TO DO THAT.
I'M SORRY, BUT IT IT'S NOT A THAT'S NO, YOU'RE AT THE RIGHT BOARD.
UM, I JUST, I COULDN'T HELP, BUT I'VE WATCHED A LOT OF THE VIDEOS AND THIS WOULD BE MY LAST POINT.
I WATCHED A LOT OF THE VIDEOS FROM A LOT OF THE, UM, WHEN CHICK-FIL-A FIRST ANNOUNCED, I WATCHED A LOT OF VIDEOS AND THEY'RE ALL ONLINE ON YOUTUBE, WHETHER THAT BE NORWALK CONNECTICUT OR WHETHER THAT BE ALABAMA, WHETHER THAT BE ALL THE PLACES.
AND I'VE HEARD THE SAME THING SAID, WE'RE GONNA HANDLE IT.
AND LOOK NO FURTHER THAN NORWALK NORWALK'S.
THEY CAME THERE, THEY SAID, WE'RE GONNA DO THIS.
TRUST US, THIS IS GONNA BE AWESOME.
AND THEN THEY HAD ALL OUT DISASTER AND THEY'RE CORRECT.
THEY CAME BACK TO THE BOARD AND THEY WORKED WITH THE BOARD TO FIX IT.
THEY WORKED WITH THE POLICE DEPARTMENT TO FIX IT.
THEY, THEY DID ALL THESE THINGS TO FIX IT.
THEY DIDN'T JUST THROW UP THEIR HANDS AND SAY, HEY, I'M DONE WITH IT.
YOU KNOW, I GOT MY CO AND YOU KNOW, YOU GUYS, YOU GUYS KNOW WHERE TO GO.
BUT THAT WAS A TWO YEAR PROCESS OF PAIN FOR THE ENTIRE NEIGHBORHOOD AND THAT ENTIRE, UM, AREA AND THAT PAIN PROCESS.
WE HAVE THE ABILITY TO BYPASS THAT BY JUST BEING A LITTLE BIT MORE
[01:05:01]
PROACTIVE AND SMARTER WITH THE SITE.AND WE HAVE THAT ABILITY TO DO THAT.
AND I JUST, I'M CONFUSED AT THE PUSHBACK AS TO WHY THAT THEY DON'T WANNA DO THAT.
ESPECIALLY SINCE IT WOULD MEAN, AGAIN THAT MORE, IT WOULD BE MORE DRIVE THROUGH TRAFFIC, WHICH IS MORE OF THE REVENUE CENTER.
AND I JUST, I CAN'T COMPREHEND THAT.
SO THOSE ARE THE THINGS I HAD TO SAY.
GO AHEAD MS. SOCHE, IF YOU COULD IDENTIFY YOURSELF AND PLEASE FEEL FREE TO START.
MADELINE OSHE AND I'M CHAIRMAN OF THE COUNCIL OF GREENBERG CIVIC ASSOCIATIONS.
I HAVE ALLEG HER TO READ FROM MYSELF AND SECRETARY ELLA PRICE, CHAIRMAN BUNTON SMITH AND MEMBERS OF THE ZDA, THE COUNCIL OF GREENBERG CIVIC ASSOCIATIONS.
CGCA HAS REVIEWED THE LATEST SUBMISSION DATED MAY 6TH, 2024 REGARDING THE CHICK-FIL-A CFA APPLICATION.
THIS LETTER SEEKS AN ADDITIONAL VARIANCE TO PERMIT A SHED AND GARBAGE DUMPSTER IN THE FRONT YARD.
THE CGCA AGREES THIS VARIANCE IS NEEDED, BUT QUESTIONS THE ADVISABILITY OF GRANTING A VARIANCE TO ALLOW A GARBAGE DUMPSTER IN THE FRONT YARD FOR ALL TO SEE AS THEY BOTH ENTER AND EXIT.
THIS SITE WILL GRANTING THIS VARIANCE THAT A PRECEDENT THAT OTHER ESTABLISHMENTS WILL SEEK TO DUPLICATE.
THE CGCA ALSO WISHES TO POINT OUT THAT AT THE APRIL ZBA MEETING, THE APPLICANT FAILED TO MENTION THAT THIS ACCESSORY STRUCTURE IN THE FRONT YARD WOULD CONTAIN A GARBAGE DUMPSTER.
THE ZBA MEMBERS AND THE PUBLIC WERE TOLD THE ACCESSORY STRUCTURE WAS SIMPLY A SHED FOR THE STORAGE OF MAINTENANCE MATERIALS.
ADDITIONALLY, THE CGCA WISHES TO POINT OUT THAT THE GREENBERG ZONING ORDINANCE REQUIRES SEVERAL MORE VARIANCES FOR THIS PROPOSED CFA ESTABLISHMENT.
SECTION 2 85 DASH 28 A TWO E CLEARLY STATES THAT QUICK SERVICE OR FAST FOOD ESTABLISHMENTS IN THE DS DESIGN SHOPPING ZONE DISTRICT MUST BE FULLY ENCLOSED.
THIS SITE PLAN INCLUDES OUTDOOR DINING FOR 20 SEATS ON A PATIO.
WHY HAS NO VARIANCE BEEN SOUGHT FROM THIS PROVISION? SECTION 2 85 DASH 28 A TWO E THREE C REQUIRES THE MINIMUM LOT SIZE TO BE 80,000 SQUARE FEET.
THE SITE PLAN SHOWS ONLY 55,912 SQUARE FEET IN THE PORTION OF THE LOT LOCATED IN GREENBURG.
HOWEVER, THE APPLICANT RELIES ON A LETTER FROM FORMER ACTING BUILDING INSPECTOR ROBERT DAN, DATED AUGUST 17TH, 2022, THAT NO VARIANCE IS NECESSARY FROM THE 80,000 SQUARE FOOT MINIMUM LOT SIZE BASED ON SECTION 2 85 DASH 40 C.
PLEASE NOTE SECTION 2 85 DASH 40 CE FOUR STATES, QUOTE, NO ACCESSORY BUILDING SHALL BE PERMITTED ON A PARCEL HAVING LESS THAN THE REQUIRED MINIMUM AREA.
WHY HAVE NO VARIANCES BEEN SOUGHT FROM THIS PROVISION FOR THE SHED DUMPSTER AND THE STANDALONE CANOPY? ACCORDING TO THE PLAN SUBMITTED, THE REAR YARD FOR THIS APPLICATION WOULD BE THE LAND BEHIND THE PROPOSED CFA BUILDING AND THE PROPERTY LINE SEPARATING THE GREENVILLE GREENBURG PARCEL FROM THE WHITE PLAINS PARCEL.
SECTION 2 85 DASH TWO B FIVE OF THE GREENBERG ZONING ORDINANCE REQUIRES A MINIMUM REAR LOT SETBACK OF 50 FEET FROM A STRUCTURE.
THE SITE PLAN SHOWS ONLY 41.4 FEET.
WHY HAS NO VARIANCE BEEN SOUGHT FROM THIS PROVISION? SECTION 2 85 28 B 60 REQUIRES A MINIMUM SETBACK OF 10 FEET FROM THE REAR YACHT.
LOT LINE FOR PARKING SPACES DRIVE THROUGH
[01:10:01]
THE SITE PLAN SHOWS ONLY A FIVE FOOT SETBACK.WHY HAS NO VARIANCE BEEN SOUGHT FROM THIS PROVISION? SECTION 2 85 DASH 28 B FOUR B PERMITS A MAXIMUM IMPERVIOUS SURFACE OF 80%.
WHY IS THERE NO MENTION OF THE IMPERVIOUS SURFACE REQUIREMENT ON THE SITE PLAN? SECTION 2 85 DASH 38 C3 REQUIRES A LANDSCAPE SEPARATOR STRIP AT LEAST 10 FEET WIDE CONTAINING A SHRUBBERY SCREEN AT LEAST FIVE FEET WIDE BETWEEN PARKING AREAS AND A STREET LOT LINE.
THE SITE PLAN SHOWS A MERE 2.2 FEET BETWEEN THE PARKING LOT AND CHERRYTOWN ROAD AND 2.4 FEET BETWEEN THE PARKING LOT AND COUNTY CENTER ROAD.
WHY HAVE NO VARIANCES BE BEEN SOUGHT FROM THESE PROVISIONS? THE BUILDING INSPECTORS REVISED MEMORANDUM DATED APRIL 29TH TO 2024 INDICATES A WAIVER FROM PLANNING BOARD REQUESTED PURSUANT TO 2 85 38 H TWO C FOR THE LANDSCAPING REQUIREMENT.
HOWEVER, THIS PROVISION ONLY ALLOWS A WAIVER IF EXISTING TOPOGRAPHY AND OR EXISTING LANDSCAPE PROVIDES QUOTE, ADEQUATE SCREENING.
ARE WE TO BELIEVE A VEHICLE PARKED A MERE 2.2 FEET FROM THE STREET WILL BE ADEQUATELY SCREENED? PLEASE NOTE, 2 85 38 H TWO C DOES NOT ALSO ADDRESS THE PROVISION IN SECTION 2 85 DASH 3 38 C3.
AS NOTED ABOVE, AT LEAST SIX AND POSSIBLY SEVEN ADDITIONAL VARIANCES ARE NEEDED TO LOCATE THIS PROPOSED CFA ESTABLISHMENT ON OLD KENSICO ROAD TARRYTOWN ROAD.
WHILE THIS APPLICATION DOES NOT ADDRESS SIGNAGE, THE ZBA SHOULD BE AWARE THAT THE ELEVATION PLANS SUBMITTED SHOW WALL SIGNS ON THREE SIDES OF THE BUILDING.
GREENBERG SIGN AND ILLUMINATION LAW PERMITS WALL SIGNS ON ONLY TWO SIDES.
WILL ANOTHER VARIANCE BE SOUGHT? THE CGA CONTINUES TO HAVE A NUMBER OF CONCERNS ABOUT LOCATING THIS CFA ESTABLISHMENT ON THIS IRREGULARLY SHAPED LOT NEEDING DUAL APPROVAL AUTHORITY FROM BOTH GREENBERG AND WHITE PLAINS.
HAS WHITE PLAINS GRANTED ANY APPROVAL? AS WESTCHESTER COUNTY POINTED OUT, THERE ARE CONCERNS ABOUT ABOUT WHETHER THIS PROPOSAL AGREES WITH WESTCHESTER 2025, THE GREENBERG COMPREHENSIVE PLAN, AND THE 2000 FOOT SETBACK REQUIREMENT FROM OTHER FAST FOOD ESTABLISHMENTS IN THE GREENBERG ZONING ORDINANCE.
THE CGCA CONTINUES TO BE CONCERNED ABOUT THE INCREASED TRAFFIC THE PROPOSED ESTABLISHMENT WILL HAVE ON THE RE MANY RESIDENTS WHO LIVE IN THIS AREA.
THE ZBA MUST DETERMINE THAT NO DETRIMENT TO THE HEALTH, SAFETY AND WELFARE OF THE NEIGHBORHOOD WILL BE CREATED.
THE ZBA MUST ALSO BE AWARE OF THE PRECEDENT THAT WILL BE SET.
GRANTING THESE REQUESTED AREA VARIANCES WOULD MEAN OTHER APPLICANTS WOULD RECOGNIZE THAT GREENBERG DOES NOT REQUIRE COMPLIANCE WITH A ZONING CODE, BUT HAPPILY PERMITS THE GRANTING OF VARIANCES TO OCCUPY SPACES THAT WERE NOT DESIGNED FOR A PARTICULAR USE.
PLEASE DECIDE CAREFULLY MADE O'SHEA AND PRISE.
OKAY, MS. GOMEZ, PLEASE UNMUTE.
I LIVE ON 56TH COUNTY CENTER ROAD ON THE CORNER OF OLD KENSICO ROAD AND COUNTY CENTER ROAD.
MY HOUSE IS THE CLOSEST TO THE PROPOSED CHICKEN FILET PROJECT.
I AM COMPLETELY AGAINST THIS PROJECT TO THE FOUR, DUE TO THE 14 VARIANCES REQUESTED BY THE APPLICANT AND THE GRAVE ISSUES THE ESTABLISHMENT WOULD BRING TO THE FULTON PARK COMMUNITY.
I HAD PREPARED A STATEMENT FOR THIS EVENING, BUT DUE
[01:15:01]
TO THE NEW INFORMATION, MADELON OCHE OF THE CGCA HAS JUST READ INTO THE RECORD.I REQUEST THAT THE HEARING FOR CHICK-FIL-A BE HELD OVER UNTIL THE NUMEROUS ADDITIONAL VARIANCES THAT MIGHT BE NEEDED BE REVIEWED BY THE BUILDING INSPECTOR AND WAIT FOR HIS RESPONSE.
IS THERE ANYONE ELSE? I BELIEVE THAT'S IT.
UM, SO A FEW THINGS IN RESPONSE TO THE PUBLIC COMMENTS THAT WE JUST HEARD, AND I'M GONNA LET, UH, PHIL GREELEY RESPOND TO SOME OF THE TRAFFIC COMMENTS.
UM, BUT, BUT QUICKLY, UM, YOU KNOW, WE SAT DOWN WITH THE NEIGHBORING PROPERTY OWNER.
WE LOOKED AT THEIR PLANS, BUT I IMPLORE THIS BOARD TO REALIZE THE CONSULTANT TEAM BEHIND ME HAS WORKED ON SEVERAL CHICK-FIL-A FACILITIES IN THE STATE OF NEW YORK.
AND, AND WE KNOW HOW THIS, HOW THE OPERATIONS WORK.
UM, THERE WAS A SUGGESTION TO REMOVE THE ANGLED PARKING AND MAKE THAT DRIVE THROUGH QUEUE IF THAT IS SOMETHING THAT THE PLANNING BOARD SAYS AFTER THE LOOK BACK PERIOD WHEN WE GO BACK TO THE PLANNING BOARD AFTER WE'RE OPERATIONAL, HEY, MAYBE WE DON'T NEED THOSE SPACES.
LET'S DO SOME MORE DRIVE THROUGH QUEUING ALL EARS.
BUT, UH, WE AS THE, UH, DEVELOPMENT TEAM DON'T THINK THAT'S NECESSARY AT THIS POINT TO LOSE THOSE OFF STREET PARKING SPACES.
UM, JUST BEFORE I HAND IT OVER TO THE FIELD, THE VARIOUS, UH, ADDITIONAL VARIANCES THAT WERE COMMENTED ON WE'RE ON OUR THIRD REVISED BUILDING DETERMINATION.
WE'VE WORKED VERY CLOSELY WITH THE BUILDING DEPARTMENT TO EXAMINE EVERYTHING.
SO THE CODE REQUIREMENT THAT WE ARE 2000 FEET AWAY FROM ANOTHER QUICK SERVICE RESTAURANT, UH, AND OUR RECENT SUBMISSION IN EXHIBIT F, WE PUT IN TO THE RECORD THE PRIOR APPROVALS AND DOCUMENTS FOR GOLDEN CRUST SMASH BURGER AND THE NESTOS THAT ARE CROSSED THE STREET, EVEN THOUGH IT'S VACANT, THOSE HAVE ALL BEEN APPROVED AS EITHER RESTAURANTS, NOT QUICK SERVICE ESTABLISHMENTS OR PIZZERIAS, WHICH ARE EXEMPTED FROM A QUICK SERVICE DEFINITION.
SO WE ARE THE ONLY QUICK SERVICE RESTAURANT WITHIN 2000 FEET, UH, RADIUS THERE FOR RELATED TO THE REAR YARD.
THE, THE BOUNDARY LINE IN THE MIDDLE, THAT'S NOT ACTUALLY THE REAR YARD OF OUR PROPERTY, THAT'S THE REAR YARD OF THE GREENBERG PARCEL.
BUT THE BILLING DEPARTMENT HAS INCLUDED AS THEY HAVE IN PREVIOUS DETERMINATIONS WITH THIS PROPERTY THAT THE, UH, SETBACKS ARE FROM THE OVERALL LOT LINES OF THIS PROPERTY.
SO THE REAR YARD IS ACTUALLY THAT LITTLE SLIVER, UH, ALL THE WAY TO THE SOUTH THERE RELATED TO LOT AREA.
THAT WAS ONE OF THE FIRST THINGS, UH, WE DID ALONG WITH THE PRIOR PROPERTY OWNER, WAS GO TO THE TOWN AND WONDER IF WE NEEDED A LOT SIZE VARIANCE BECAUSE THERE HAD BEEN SEVERAL DEDICATIONS OF LAND TO THE DOT THAT REDUCED THIS PROPERTY SIZE.
THE CODE FINDS THAT THIS, UH, PROPERTY IS COMPLIANT WITH ALL LOT SIZE REQUIREMENTS AND NO VARIANCE IS NEEDED.
UH, LET'S SEE, THAT COVERS THAT, THAT, UH, RELATED TO THE SIGNS, UM, THE ELEVATIONS THAT WERE PROVIDED, THOSE ARE, YOU KNOW, SIMPLE ELEVATIONS THAT ARE DONE WITHOUT REVIEW OF THE SIGN CODE.
WE DON'T YET HAVE A FULL SIGN PACKAGE FOR THIS.
IT'S TOO EARLY IN THE PROCESS.
UH, THERE IS A WHOLE SIGN DESIGN TEAM THAT CHICK-FIL-A USES.
THEY REVIEW THE LOCAL CODES AND GO FROM THERE RELATED TO THE WHITE PLAINS APPROVAL.
WE JUST HEARD FROM WHITE PLAINS LAST WEEK THAT THEY ACCEPTED OUR PRE-APPLICATION.
THEY'VE DETERMINED THAT IT REQUIRES A SPECIAL USE PERMIT AND SITE PLAN REVIEW FROM THE PLANNING BOARD.
SO WE ARE MAKING THAT APPLICATION NEXT WEEK.
WE ARE IN CONSTANT CONTACT WITH COMMISSIONER AM UM, RELATED TO THAT PROCESS AND THE CHANGES TO THIS PLAN, UH, LET'S SEE.
UM, IT WAS NOTED THAT THE, I'M SORRY, EXCUSE ME.
THAT'S THE WHITE PLAINS PLANNING? YES.
UM, IT WAS NOTED THAT, THAT YOUR, YOUR REVIEW REQUIREMENT IS THAT THERE IS NO DETRIMENT TO THE COMMUNITY.
OBVIOUSLY, WE BELIEVE THAT IS THE CASE AND THAT OUR RECORD SUPPORTS IT, BUT THE PROPER AREA VARIANCE STANDARD IS, UH, DOES THE BENEFIT TO THE APPLICANT OF THE AREA VARIANCES BEING GRANTED OUTWEIGH THE DETRIMENT TO THE COMMUNITY? AND THAT'S WHY WE RAN THROUGH THE BALANCING TEST FOR ALL THE AREA VARIANCES.
I SPOKE ON THIS EARLIER, THE BOARD SHOULD NOT BE WORRIED ABOUT PRECEDENT HERE.
CERTAINLY I DEFER TO YOUR COUNSEL ON THIS ONE.
WE REPRESENT MUNICIPALITIES AS WELL.
AND WHEN I SEE A UNIQUE FACT PATTERN AS WITH THIS
[01:20:01]
PROPERTY, IF SOMEONE ELSE COMES IN AND WANTS TO PUT A SHED A DUMPSTER ENCLOSURE IN THEIR FRONT YARD, UH, THAT I, I ALMOST GUARANTEE YOU THAT FACT PATTERN IN THAT PROPERTY IS GOING TO BE DIFFERENT THAN THIS ONE FOR THE REASONS I STATED BEFORE.THE SHED AND THE DUMPSTER ENCLOSURE ARE TUCKED IN TO BE THE LEAST VISUAL OR THE LEAST AMOUNT VISIBLE AS POSSIBLE.
UH, BOTH FROM TERRYTOWN ROAD, FROM OLD KENCO WITH LANDSCAPING AND COUNTY CENTER ROAD WITH LANDSCAPING.
UH, RIGHT NOW, WE HEARD WHEN WE MET WITH THE PROPERTY OWNER ACROSS THE STREET, THAT GARBAGE IS JUST ON THIS PROPERTY.
THE WIND BLOWS IT INTO THE BRONX RIVER, UM, WITH ACTIVE USE ON THE SITE AND CHICK-FIL-A'S DEDICATION TO KEEPING THE PROPERTY CLEAN.
UM, GARBAGE WILL BE HANDLED CORRECTLY, UH, AND WILL BE A VAST IMPROVEMENT FROM EXISTING CONDITIONS.
UM, SO THAT, I'LL HAND IT OVER TO PHIL TO GO OVER, UM, THE OWNER OF 10 COUNTY CENTER ROADS COMMENTS.
AND I'LL JUST NOTE IN OUR RECENT SUBMISSION, UH, WE HAVE LETTERS FROM COLLIER'S ENGINEERING SPECIFICALLY RESPONDING TO THOSE TRAFFIC CONCERNS.
UH, PHILLIP GREELEY AGAIN, UH, OUR LETTER OF APRIL 23RD, WHICH IS IN THE, UH, ATTACHMENT TO THE MAY 6TH SUBMISSION THAT, UH, CHARLIE REFERRED TO ADDRESSED MR. BAKARI'S, UH, COMMENTS.
AND, UH, THEY WERE WELL THOUGHT OUT COMMENTS.
WE RESPONDED TO EACH OF THOSE.
UH, THERE ARE FIVE ITEMS THAT HE BROUGHT UP TONIGHT.
THE FIRST ITEM IS RELATIVE TO LEFT TURN MOVEMENTS AT THE DRIVEWAY AT OLD KENCO ROAD.
PART OF THE TRAFFIC MANAGEMENT PLAN IS TO LOOK AT THAT DURING OPERATIONS, BUT WE ARE ALSO REQUIRED AS A CONDITION OF THE PLANNING BOARD TO DO THE LOOK BACK PERIOD THAT MR. GOTTLIEB REFERS TO, WHICH IS A MONITORING.
SO IF THERE ARE ANY INSTANCES WHERE A TURN CREATES A PROBLEM, IT CAN BE ADJUSTED, MODIFIED TO ADDRESS THAT SITUATION.
THAT RELATES TO HIS COMMENT ABOUT IF TRAFFIC IS THEN DIRECTED TO THE COUNTY CENTER ROAD, UH, DRIVEWAY, THAT THERE WOULD BE DIFFICULTY AT THE TRAFFIC CIRCLE TO MAKE THAT MOVEMENT.
THERE AREN'T, THE CHANGES AT THE TRAFFIC CIRCLE ARE TO IMPROVE THE FLOW AROUND THE TRAFFIC CIRCLE TO DEFINE THAT AND TO DO AWAY WITH ILLEGAL MOVEMENTS.
THE RIGHT TURN FROM OLD KENCO ROAD ONTO COUNTY CENTER ROAD IS AN E IS AN ALLOWABLE MOVEMENT AND WOULD REMAIN THAT WAY IN THE FUTURE.
UM, THE, UH, QUESTION ABOUT THE, UM, THE DRIVE-THROUGH LANE VERSUS PARKING ALONG THE WESTERLY SIDE, UH, THAT GIVES US FLEXIBILITY.
UH, WE FEEL THAT THIS IS THE RIGHT COMBINATION OF PARKING SPACES AND Q AREA.
THE WAY THAT THIS PLAN IS LAID OUT, WE WILL MONITOR THAT.
IF IT TURNS OUT THAT WE NEED LESS PARKING AND WE NEED MORE Q AREA, VERY EASILY CONVERTIBLE PARKING, THE STRIPING AND THE ENTRANCE TO THE DRIVE THROUGH AREA, THAT WHITE AREA ON YOUR PLAN IS, UH, EASILY MODIFIED TO HAVE THE TWO LANES EVEN AT THAT LAST PARKING SPACE.
IN TERMS OF THE, UH, I THINK THE IMPORTANCE IS THE FLEXIBILITY.
SO IF WE NEED MORE STACKING, WE CAN EASILY MAKE THAT CHANGE.
IF WE NEED LESS PARKING, WE CAN MODIFY THAT, UM, RELATIVE TO THE TIME TO DEPLOY.
SO WE HAVE STACKING FOR 33 VEHICLES, WHICH IS THE MAXIMUM PEAK THAT WE SAW AT ANY OF THESE OTHER EIGHT SITES.
THAT'S THE MAXIMUM WE SAW IN ALL OF OUR OPERATIONS.
THE WAY THAT THIS MANAGEMENT PLAN COMES INTO PLAY, IT, IT'S, THE LIGHT SWITCH JUST DOESN'T GO ON, AND IT HAPPENS IMMEDIATELY.
THE LIGHT SWITCH GOES ON WHEN THE QUEUE STARTS TO GET TO AROUND 20 SOME ODD VEHICLES.
YOU SEE WHAT, HOW THE QUEUE IS BUILDING SO THAT THE TEAM IS READY TO THEN MAKE THE ADJUSTMENT, THE AREA WHERE THE PARKING SPACES ARE ALONG THE WESTERLY SIDE, THEY THEN GET, UH, BECOME, UH, CONNED OFF AND THE TEAM MEMBERS CONTROL THAT.
SO IT, IT HAPPENS OVER A PA SMALL PERIOD OF TIME, BUT YOU SEE HOW THE QUEUE IS DEVELOPING AND IF YOU NEED TO GET READY TO IMPLEMENT THAT PROGRAM.
SO I THINK WE, WE'VE DONE THIS IN THE PAST, AND THE TEAMS THAT COME IN TO DO THIS GRAND OPENING, UH, PERIOD, STAY
[01:25:01]
AS LONG AS IT, THE GRAND OPENING PERIOD LASTS SOME OR LESS THAN A WEEK.MOST OF THEM DIE OUT AFTER TWO WEEKS.
UH, IN TERMS OF, UM, EXCUSE ME.
I DO WANT TO POINT OUT THAT IT, UM, IT WAS NOTED THAT THE TERM LIGHT SWITCH INSTANTANEOUS DEPLOYMENT.
I HAD NEVER HEARD ANYONE SAY ANYTHING ABOUT INSTANTANEOUS DEPLOYMENT.
SO I JUST WANTED TO MAKE SURE THAT UNDERSTOOD THAT WAS MADE CLEAR, UNDERSTOOD.
THERE IS A CERTAIN PERIOD OF TIME BEFORE THE DEPLOYMENT CAN TAKE PLACE.
UM, WE, WE TALKED ABOUT THE, UH, THE, UH, IF THERE WAS A BACKUP AROUND, UH, TURNING FROM OLD SKA ROAD ONTO, UH, COUNTY CENTER ROAD, AND THEN IN TERMS OF THE OPERATIONS AND THE VIDEOS THAT THEY REFER TO.
SO IN NORWALK WAS NOT THIS DESIGN WHEN IT STARTED, THE DESIGN ONLY HAD A SINGLE, ONLY HAD A SINGLE, IT WENT FROM A DUAL TO A SINGLE LANE, UH, THAT WAS CORRECTED.
THE CONDITIONS THAT STARTED THERE REALLY STARTED DURING COVID IS WHEN THEY STARTED EXPERIENCE MAJOR PROBLEMS. CHICK-FIL-A ADDRESSED THOSE.
UM, IT IN THAT PARTICULAR CASE, BECAUSE THEY HAD TO CHANGE THE CONFIGURATION, THEY HAD TO RECONSTRUCT THE SITE BECAUSE IT WASN'T BUILT WITH THE TWO LANE CONTINUOUS DRIVE THROUGH.
UH, SO IT DID TAKE A WHILE FOR THAT TO OCCUR, BUT IT WAS A REMEDY.
UM, I THINK THOSE WERE THE, THE KEY ITEMS THAT WERE COVERED.
AND AGAIN, WE HAVE THIS LOOK BACK PERIOD.
WE ARE REQUIRED TO MONITOR IT, AND IF THERE'S ANY BACK OUT ONTO THE ROADWAY, WE HAVE TO FIX IT.
I HAVE ONE LAST QUESTION, AND I THINK WE RAISED IT LAST TIME AND YOU CAN ANSWER IT HOW YOU SEE FIT NOW OR LATER, BUT THE REDUCTION OF THE PRINCIPAL BUILDING, WOULD THAT DECREASE ANY OF THESE VARIANCES THAT WE'RE SEEKING OR THAT YOU'RE SEEKING? EXCUSE ME.
SO THE, THE REDUCTION OF THE BUILDING WOULD NOT, SO THE VARIANCES THAT ARE RELATED TO THE BUILDING, LET'S TALK ABOUT THE FRONT CANOPY FIRST.
THE DRIVE THROUGH HAS TO STAY IN THAT LOCATION, UH, TO MAKE SURE IT'S AS LONG AS POSSIBLE.
THE FRONT CANOPY ON TERRYTOWN ROAD HAS TO BE IN THE BEGINNING OF THE DRIVE THROUGH, BECAUSE THAT'S WHERE THEY TAKE THE ORDERS, UH, WITH THE TABLETS AND SO FORTH.
THE SETBACK FROM THE BUILDING TO TERRYTOWN ROAD IS 36 FEET.
SO THAT'S ONLY A FOUR FOOT AREA VARIANCE.
NOW, FROM THE OTHER SIDE, THE SETBACK IS FROM THE CANOPY BECAUSE IT'S DETACHED, IT'S ATTACHED TO THE BUILDING TO COUNTY CENTER ROAD.
AGAIN, IF YOU MAKE THE BUILDING SMALLER, THAT CANOPY HAS TO STAY WHERE IT IS BECAUSE THAT'S HOW WE ELONGATE THE DRIVE THROUGH.
SO NO MATTER WHAT YOU'RE DOING WITH THE BUILDING, THE CANOPIES HAVE TO STAY WHERE THEY'RE BEING LOCATED.
UM, AND AGAIN, I'D LIKE TO POINT OUT THAT ON THE COUNTY CENTER ROAD SIDE, THE CVS BUILDING IS DIRECTLY ON THE LOT LINE.
UM, AND WE ARE ALSO IMPROVING CONDITIONS ON TERRYTOWN ROAD.
ON TERRYTOWN ROAD, YOU ALSO HAVE ANOTHER, I THINK, 30 FEET OF DOT RIGHT OF WAY BEFORE YOU GET TO THE EDGE OF THE PAVEMENT.
AND JUST ONE MORE THING I, BUT IT IS TRUE THAT IF YOU HAD A SMALLER SQUARE FOOTAGE BUILDING, IT WOULD REQUIRE FEWER PARKING SPACES.
I DON'T KNOW IF, LET'S SAY WE ARE ABLE TO REDUCE IT, WHICH WE'RE NOT ABLE TO BY A HUNDRED SQUARE FEET OR SO, YOU'RE NOT GONNA HAVE A MEANINGFUL REDUCTION IN PARKING SPACES.
UM, AND IT'S ALSO IMPORTANT TO KEEP IN MIND THAT YOU'RE STILL GONNA HAVE THE DRIVE THROUGH TRAFFIC, UH, WITH A CHICK-FIL-A EVEN IF IT'S A LITTLE TINY STAND.
AND JUST ONE MORE QUESTION ON THE PARKING, I'M SORRY.
UM, HOW DOES, HOW DID THE GREENBERG UH, PARKING REQUIREMENTS FOR THIS USE COMPARE, SAY TO THE ITE REQUIREMENTS FOR THE SAME USE? SO I'LL LET, UH, ONE OF OUR ENGINEERS ANSWER THAT QUESTION, BUT I WILL SAY, IF YOU GO, IF YOU LOOK AT THE COUNTY COMMENTS THAT WE GOT BACK IN SEPTEMBER OF 2023, THEY DO SAY THAT THE GREENBERG OFF STREET PARKING REQUIREMENTS ARE HIGH.
UM, GIVEN THAT THERE ARE LESS PEOPLE TRAVELING, I SUPPOSE, UM, AND I'M ASSUMING THEY WERE REFERENCING THE ITT STANDARDS.
UM, BUT WITH THE IT STANDARDS, AND THIS IS WHERE THE CHICK-FIL-A CONSULTANTS GET SO INGRAINED IN THIS CHICK-FIL-A CAN'T
[01:30:01]
REALLY USE IT STANDARDS BECAUSE OF THE ATTENTION IT GETS AND IT'S THE WAY IT OPERATES.SO THAT'S WHY WE PROVIDED THE EIGHT SIMILAR FACILITIES THAT HAD THE AVERAGE OF 65 OFF STREET PARKING SPACES.
I DON'T KNOW IF YOU GUYS KNOW WHAT THE IT.
TIM FREITAG WITH BOULDER ENGINEERING.
THE GREENBURG ZONING COURT FOR PARKING FOR THIS USE IS RELATIVELY HIGH.
BASED ON OUR EXPERIENCE, I'M ACTIVELY WORKING IN THE CITY OF ALBANY RIGHT NOW FOR A SIMILAR CHICK-FIL-A FACILITY.
AND WE'RE ACTUALLY GETTING A VARIANCE FOR THE OPPOSITE.
NOT WE'RE OVER THE MAXIMUM ALLOWED, EXCUSE ME, I'M, I'M SORRY.
UH, WE'RE ACTIVELY INVOLVED WITH THE CITY OF ALBANY PURSUING A SIMILAR DEVELOPMENT, SAME SIZE BUILDING, SIMILAR LAYOUT.
THE ZONING CODE THERE, THE MAXIMUM ALLOWED PARKING IS 35 SPACES.
SO WE'RE SEEKING A VARIANCE OVER THE MAXIMUM ALLOWED TO THE APPROXIMATELY 80, SIMILAR TO WHAT WE'RE PURSUING HERE.
SO GREENBURG IS CERTAINLY ON THE HIGHER END OF PARKING DEMAND.
WE, CITY OF ALBANY IS CERTAINLY ON THE LOWER END OF PARKING DEMAND.
SO TO CHARLIE'S POINT, WE REALLY LOOK AT THIS USER AND WHAT THE HISTORICAL DATA TELLS US FROM SIMILAR FACILITIES TO REALLY NAIL DOWN THE RIGHT AMOUNT OF PARKING.
AND JUST JUMPING BACK TO THE QUESTION ON LOOKING AT A SMALLER BUILDING, JUST SO YOU CAN BETTER UNDERSTAND WHAT A SMALLER BUILDING WOULD LOOK LIKE HERE IS THE KITCHEN STAYS THE SAME.
THE ONLY THING THAT CAN CHANGE WHEN YOU MAKE A SMALLER BUILDING IS THE DINING ROOM.
AND HERE WE WANT TO HAVE THE PROPER BALANCE OF DRIVE THROUGH ACTIVITY TO THE OPPORTUNITY FOR GUESTS TO GO IN AND DINE IN.
WE DO EXPECT A LOT OF PEDESTRIANS ARE GONNA WALK TO THIS FACILITY AND WANT TO DINE HERE.
SO WE WANT TO HAVE APPROXIMATE APPROPRIATE AMOUNT OF SEATING FOR THAT.
I BELIEVE IT'S 74, 76 SPOTS INSIDE THE BUILDING.
OTHER FACILITIES, UM, HAVE UP TO 120, 150 SEATS, SO HAS BEEN REDUCED TO WHAT WE FEEL NECESSARY TO BALANCE THE OFFSET OF DEMAND INSIDE TO, UH, THE DRIVE THROUGH QUEUE.
SO I JUST WANTED TO MAKE THAT POINT TOO.
IT'S ABOUT TIME SOMEONE MADE TIM WORK,
UM, SO THAT'S OUR PRESENTATION THIS EVENING.
IF THE BOARD HAS ANY OTHER QUESTIONS AND WANTS US TO ANSWER THEM OR ADVISE ON NEXT STEPS, WE'RE ALL EARS.
I GUESS WE'LL HAVE TO GET BACK TO YOU WITH THAT AFTER OUR DELIBERATIONS.
NEXT CASE, THIS EVENING IS 24 0 8 MIDWAY SHOPPING CENTER, WHICH IS ANOTHER CHICK-FIL-A CHICK-FIL-A AT 9 1 3 CENTRAL PARK AVENUE, SCARSDALE
HI, MY NAME IS, UH, JAMES MOI.
I'M WITH MOSER SCIENCE COMPANY.
UH, THANK YOU FOR, UH, AMY TONIGHT.
UH, WE'RE LOOKING FOR AN, UM, A VARIANCE FOR SECTION, UH, TWO 40 DISH, UH, THREE C EIGHT FOR THE SIZE OF THE, UM, KEY LETTER C IN THE CHICK-FIL-A SIGN, UH, TO BE INCREASED FROM FOUR FOOT TO FIVE, UH, APPROXIMATELY FIVE FOOT, UH, SIX INCHES.
'CAUSE IF YOU LOOK AT THE LAYOUT OF THE, UH, OR THE LOGO OF THE CHICK-FIL-A, YOU SEE, THAT'S A SCRIPT LETTER.
AND THE LETTER C IS, UM, QUITE LARGER OR MUCH LARGER THAN THE REST OF THE LETTERS.
UM, CURRENTLY WE INSTALLED A CONFORMING SIGN, UH, OF, UH, 48 INCHES ON THE BUILDING NOW.
AND GIVEN THAT THE SIGN BAND IS SO LARGE, IT LOOKS LIKE A POST-IT STAMP.
UM, I DON'T KNOW IF ANYONE HAS PASSED THE, THE FACILITY.
I HAVE, THE SUN WAS JUST PUT UP EARLIER THIS WEEK.
SO WE'RE ASKING FOR THE BOARD'S CONSIDERATION TO, UH, RAISE THE HEIGHT OF THAT, UH, UH, THAT SIGNAGE AREA.
DO YOU HAVE A PICTURE OF THE EXISTING SIGN? UM, WELL, I'M ON THE PHONE RIGHT NOW.
I, I DON'T
I COULDN'T GET DOWN THERE TODAY.
THE ROAD WAS CLOSED FOR A GAS WEEK, SO I DIDN'T GET DOWN THERE TO LOOK AT THE SIGNAGE.
[01:35:02]
OKAY.WELL, IT WAS ONLY PUT UP, UH, THIS, UH, IT MAY HAVE BEEN LAST FRIDAY OR MONDAY, I'M NOT QUITE SURE.
SORRY, YOU WERE ASKING FOR A PHOTO, A REALTIME PHOTO.
HE SAID THE SIGN WAS PUT UP AND THEN IT LOOKED REALLY SMALL, SO, YEAH.
OPINION, I GET IN TROUBLE FOR SIGN.
WHAT YOU'RE SEEING THERE IS THE, UM, PROPOSED SIGN IN, IN, UH, IN SCALE.
WELL, IT LOOKS LARGER THAN THAT IN PERSON.
THE CURRENT SIGN IS MUCH SMALLER.
OH, IS IT? SO THE CURRENT, OH YEAH, MUCH.
THE CURRENT SIGN IS CONFORMING.
AND WE NOW YOU WANT TO INCREASE IT? YES.
ONLY BY, UH, ONLY THE LETTER, THE KEY LETTER C, WHICH IS THE ONLY, UH, OKAY.
I THOUGHT THE SIGN YOU PUT UP WAS NON-CONFORMING AND YOU GOT A NOTICE.
I'M HOLD THEN I'M COMFORTABLE WITH THE ONE THAT'S THERE.
I'M COMFORTABLE WITH THE ONE THAT'S THERE.
THAT WAS A QUESTION THAT WAS RAISED WITH ME.
UM, WELL, CH CHICK-FIL-A'S KIND OF DISAPPOINTED IN, IN WHAT'S ALLOWED.
AND AGAIN, YOU SAW IT, THE REST OF THE BOARD HAS IT, IT'S, IT'S QUITE SMALL, UH, GIVEN THAT THE SIGN BAND AREA IS SO LARGE.
AND JUST ANOTHER DUMB QUESTION FOR THE RECORD, IT'S ONLY SIGN ON THE, IT'S THE ONLY SIGN ON THE PROPERTY FOR CHICK-FIL-A I'M SORRY, DID YOU HEAR ME? NO, HE DIDN'T.
UH, ANOTHER DUMB QUESTION FOR THE RECORD.
DOES THE LETTER C THE HEIGHT THAT YOU'RE REQUESTING INCLUDE THE FEATHERS? YES, IT DOES.
THAT'S THE, ANY OTHER QUESTIONS FROM THE BOARD? ANYONE IN THE AUDIENCE? MY NAME IS MURRAY BOWDEN.
THIS BRINGS TO A, UH, ISSUE THAT WAS BEFORE BOARD FOR TESLA SOME YEARS AGO.
THIS SIGN IS NOT THERE TO ADVERTISE FOR PEOPLE GOING BY.
THIS LOCATION IS A LOCATION WHERE PEOPLE, IT'S A DESTINATION LOCATION AND AS A DESTINATION LOCATION, THE SIGN IS NOT ADVERTISING.
IT JUST IDENTIFIES THE BUILDING.
IF IT WAS AN ADVERTISING SIGN, LIKE THE BIG ONE THAT WAS ON, YOU SEE FROM THE THROUGHWAY ON THE MEDICAL BUILDING, THAT'S ADVERTISING.
EVERYBODY KNOWS THAT IT GOES THERE, KNOWS WHERE THEY'RE GOING.
IT DOESN'T ATTRACT PEOPLE FROM NOWHERE.
SO, BECAUSE IT'S NOT AN ADVERTISING SIGN, I THINK THE COMMENT THAT IT'S ADEQUATE IN SIZE SHOULD BE THE SIZE AND NOT BE INCREASED.
ANYONE ELSE? MAY I SPEAK TO THAT? YES, YES.
UH, IT'S, IT'S NOT AN ADVERTISING SIGN.
AN ADVERTISING SIGN IS NORMALLY WHAT'S REFERRED TO AS, UH, AN OFF-PREMISE SIGN ADVERTISING A PROPERTY OR A BUSINESS THAT'S NOT AT THAT FACILITY.
UH, IT IS THE DESTINATION SIGN.
UM, IT'S AGAIN, QUITE SMALL FOR THE SIZE BUILDING, AND SURE IT'S GOING TO ATTRACT PEOPLE.
IF I WAS DRIVING BY AND WANT A CHICK-FIL-A, I'D EASILY SEE A LARGER SIGN THAN I WOULD'VE THE CURRENT SIGN.
ANY OTHER COMMENTS? I GUESS WE'LL TAKE IT UNDER ADVISEMENT.
[01:40:01]
THE NEXT CASE WE HAVE IS CASE 24 0 9, 600 SOUTH CENTRAL AVENUE, SCARSDALE, LLC, WHICH IS, IT'S THE LAST ONE ASKING FOR AN AREA VARIANCE.DO WE HAVE ANYONE HERE? THERE WAS.
ARE THEY OUT IN THE, THERE WAS.
MEMBERS OF THE BOARD, DAVID STEINMETZ FROM THE LAW FIRM OF ZAIN AND STEIN METZ.
YOU THOUGHT YOU GOT RID OF ME? NO, YOU GOT A COUPLE OF MONTHS BREAK, BUT, UH, AT LEAST I'M HAPPY TO BE BACK HERE BEFORE YOU.
UM, NOT HAPPY THAT MR. GREELEY AND HIS TEAM HAD HAD ME WAITING IN THE HALL FOR SO LONG, BUT I'LL GET EVEN WITH 'EM.
UM, I'M HERE THIS EVENING, UH, REPRESENTING, UH, THE PATIO.COM MATTER.
AND, UH, THE RR GIVE YOU THE CORRECT R AND R PATIO AND POOL INC.
I'M JOINED, UH, THIS EVENING BY DAVE ROSS FROM R AND R PATIO.COM.
MY COLLEAGUE, WHOM YOU ALL KNOW, BRIAN
AND I'LL TRY TO BE AS BRIEF AS POSSIBLE.
IF YOU GOOGLE PATIO FURNITURE IN WESTCHESTER COUNTY, NEW YORK.
THIRD ENTRY WILL BE PATIO.COM.
IF YOU GOOGLE OUTDOOR FURNITURE IN WESTCHESTER COUNTY, NEW YORK, THE THIRD ENTRY WILL BE PATIO.COM ON CENTRAL AVENUE.
HOW CAN YOU HAVE AN OUTDOOR FURNITURE, PATIO FURNITURE STORE WITHOUT HAVING STORAGE AND DISPLAY OF OUTDOOR FURNITURE OUTDOORS? WE'RE HERE TONIGHT, MADAM CHAIR, MEMBERS OF THE BOARD, BECAUSE PATIO.COM HAS BEEN OPERATING AND THIS PROPERTY HAS BEEN OPERATED IN THIS FASHION FOR DECADES.
UM, BEFORE IT WAS AN OUTDOOR STORAGE OF PATIO AND OUTDOOR FURNITURE.
MY UNDERSTANDING IS IT WAS A LANDSCAPE FACILITY AND A LANDSCAPE, UH, OWNER HAD OUTDOOR STORAGE OF LANDSCAPE AND RELATED MATERIALS.
THE SITE, ACCORDING TO THE BUILDING DEPARTMENT, IS A PRE-EXISTING NON-CONFORMING USE, THOUGH THEY ARE CLAIMING THAT IT WAS ABANDONED AND, UM, TERMINATED.
WE'RE HERE TONIGHT 'CAUSE WE DISAGREE.
UM, THE SITE IS AN OUTDOOR STORAGE AND DISPLAY FACILITY AND RETAIL BUSINESS.
WE ACKNOWLEDGE THAT THERE ARE SOME CONDITIONS ON THE SITE THAT WARRANT ATTENTION.
I'M, I'M NOT HERE TONIGHT TO, TO DISAGREE WITH THAT.
WHAT I'M HERE WITH TONIGHT IS TO SAY EITHER WE'RE ENTITLED TO A DETERMINATION FROM YOUR BOARD THAT THIS IS A CONTINUATION OF A PRE-EXISTING LEGAL NON-CONFORMING USE, OR IN THE ALTERNATIVE THAT WE'RE ENTITLED TO APPROPRIATE AREA VARIANCES TO ADDRESS THE OUTDOOR STORAGE AND THE PARKING.
NOTHING HAS CHANGED EXCEPT MY CLIENT DESIRED TO IMPLEMENT A NUMBER OF IMPROVEMENTS AT THE PROPERTY.
IMPROVEMENTS THAT I THINK WE CAN ALL AGREE, AND I'M THE FIRST, MAYBE, MAYBE NOT THE FIRST, BUT ONE WHO SAID TO MR. ROSS, THEY NEED TO BE DONE.
HE'D LIKE TO IMPROVE THE SIGNAGE, THE CANOPY.
HE'D LIKE TO DO LANDSCAPING OF THE OUTDOOR GARDEN AREA.
HE'D LIKE TO PLANT TREES, BOXWOODS AROUND THE FENCE.
HE WAS ISSUED A STOP WORK ORDER FROM THE GREENBURG BUILDING DEPARTMENT IN DECEMBER, TERMINATING ACTIVITY BOTH INSIDE THE BUILDING.
'CAUSE HE WAS AT THAT POINT TRYING TO DO SHEET ROCK AND IMPROVE THE INSIDE OF THE RETAIL STORE, AS WELL AS PUT NEW FLOORING DOWN INSIDE THE STORE THAT WAS TERMINATED BECAUSE APPARENTLY HE NEGLECTED TO OBTAIN A BUILDING PERMIT FOR THE SHEET ROCK AND FLOOR INSTALLATION WORK.
SO WHAT YOU HAVE BEFORE YOU MADAM CHAIR, MEMBERS OF THE BOARD, IS AN EXISTING BUSINESS PERSON IN YOUR TOWN WHO HAS BEEN DOING BUSINESS IN YOUR TOWN FOR QUITE SOME TIME AND PAYING TAXES, DEALING WITH A STAFF, DEALING WITH THE BILLS ASSOCIATED WITH THAT BUSINESS.
THANKFULLY SURVIVING COVID, WHEN AS MUCH AS WE ALL LOVE OUR OUTDOOR PATIOS, IT'S NOT AN ESSENTIAL BUSINESS.
SO HIS BUSINESS COULD NOT OPERATE THOUGH.
THE GOOD NEWS IS PATIO.COM OPERATES SIGNIFICANTLY ONLINE.
PLENTY OF PEOPLE ARE ABLE TO, UH, MAKE PURCHASES ONLINE FOR THEIR OUTDOOR, UM, ITEMS. UM,
[01:45:01]
I TOLD DAVE AND UM, I TOLD HIM TONIGHT THAT I REALIZED, UM, THAT PROBABLY THE FIRST OUTDOOR UMBRELLA THAT MY WIFE AND I BOUGHT PROBABLY 10 YEARS AGO WAS WE WENT TO PATIO.WE WENT TO THAT PROPERTY ON CENTRAL AVENUE, AND WE GOT OUR OUTDOOR UMBRELLA AND THE STAND.
I'M HERE, MADAM CHAIR, BECAUSE WE RECEIVED A NUMBER OF, UM, COMMUNICATIONS FROM THE BUILDING DEPARTMENT.
WE RECEIVED THREE DIFFERENT LETTERS OF DENIAL.
WE GOT A, WE GOT A DOCUMENT ENTITLED THE NOTICE OF DISCONTINUANCE, FOLLOWED BY A, A LETTER OF DENIAL, FOLLOWED BY A REVISED LETTER OF DENIAL, FOLLOWED BY ANOTHER REVISED LETTER OF DENIAL.
AND JUST IN TERMS OF SEQUENTIALLY, I WILL SAY BOTH MS. GARRITY AND MR. DUANE, COMMISSIONER DUQUESNE WERE WONDERFUL AND, UM, OPEN AND COMMUNICATIVE WITH ME.
UM, I GOT RETAINED BY MR. ROSS ON FEB, ON OR ABOUT FEBRUARY 19TH.
ON FEBRUARY 20TH, I IMMEDIATELY, UM, SET UP A CALL.
I HAD A CONFERENCE CALL WITH GARRETT AND LIZ REGARDING THE NON-CONFORMING USE ISSUE.
THE FOLLOWING DAY I HAD A, A TELEPHONE CONFERENCE WITH LIZ REGARDING THE NON-CONFORMING USE.
AND, UM, LIZ WAS GOOD ENOUGH AFTER I SENT AN EMAIL, I SENT AN EMAIL TO LIZ ON THE 21ST AT 3:11 PM UM, REMINDING HER THAT SHE AND GARRETT AND I HAD TALKED ABOUT THAT MR. ROSS CLAIMED THAT THEY HAD NEVER ABANDONED OR DISCONTINUED THE USE.
11 MINUTES LATER, I'LL REPEAT THAT FOR THE RECORD.
I SENT AN EMAIL AT, AT THREE 11.
LIZ WAS KIND ENOUGH TO SEND ME A REVISED DENIAL, AND I THINK SHE MIGHT HAVE CALLED ME EITHER RIGHT BEFORE IT OR RIGHT AFTER, AND SAID, DAVID, WE CHANGED THE DENIAL.
WE ORIGINALLY WROTE A DENIAL AND WE SAID, WE THOUGHT YOUR CLIENT NEEDED A USE VARIANCE.
WE'VE REVISED THE DENIAL AND WE'RE NOW SAYING YOUR CLIENT NEEDS AN AREA VARIANCE.
UM, I HAD AN OPEN AND CLEAR DIALOGUE WITH BOTH LIZ AND GARRETT AND MADE IT CLEAR THAT DESPITE WHAT THE BUILDING INSPECTOR HAD WRITTEN IN HIS COMMUNICATIONS, UM, AND I NEVER HAD ANY COMMUNICATIONS YOU SHOULD ALL KNOW, AND THE RECORD SHOULD BE CLEAR ON THIS.
I'VE HAD NO COMMUNICATIONS WITH THE BUILDING INSPECTOR ON THIS.
MY COMMUNICATIONS HAVE BEEN WITH, UM, WITH LIZ, THE DEPUTY, AND WITH THE COMMISSIONER.
BUT I MADE IT CLEAR TO THEM FROM THE OUTSET THAT OUR CONTENTION WAS THAT THIS SITE NEVER TERMINATED, IT NEVER ABANDONED.
UM, YEAH, THERE MAY BE, UH, A REDUCTION IN AMOUNT OF OUTDOOR STORAGE OF MATERIALS THAT ARE THERE.
WE HAVE PHOTOGRAPHS IF THE BOARD WISHES TO SEE THEM FROM 2013 THROUGH 2019, SHOWING QUITE CLEARLY THE UTILIZATION OF BOTH THE FRONT AND REAR AREAS OF THIS 600 CENTRAL AVENUE PROPERTY.
UM, SOME OF THEM ARE IN THE RECORD.
I DON'T THINK ALL OF THEM ARE IN THE RECORD AT THIS TIME.
UM, WE CAN DISPLAY THEM MADAM CHAIR, IF YOU WISH.
UM, FRANKLY, I WOULDN'T, I WOULDN'T MIND THEM BEING PART OF THE RECORD SO THAT WE'RE ALL CLEAR.
UM, WHEN THINGS WERE, UH, IN FULL SWING PRE COVID, THERE WAS A LOT OF STUFF OUTSIDE.
UM, NO, NO ONE CAN CLAIM THAT THE TOWN OF GREENBURG DID NOT HAVE A, A THRIVING OUTDOOR STORAGE AND DISPLAY OF PATIO FURNITURE AND PATIO RELATED ITEMS. THERE.
IN ADDITION, AND THIS MAY BE ONE OF THE MORE IMPORTANT POINTS, FACTUALLY, REGARDLESS OF THE REDUCTION IN THE NUMBER OF UMBRELLAS OR UMBRELLA STANDS OR CHAIRS OR CHAISE LOUNGES, A, THEY'RE STILL OUT THERE.
BUT B, FORGET THAT MY CLIENT HAS AN OUTDOOR FURNITURE AND PATIO BUSINESS.
WHAT'S THERE, THERE ARE A MULTITUDE OF PAVERS ON DISPLAY AND INSTALLED IN THE RIGHT REAR YARD.
IF YOU HAVEN'T, IT'S NOT LIKE IT'S JUST A PAVER.
THERE'S PROBABLY FIVE TO 10 DIFFERENT PAVER SAMPLES.
THERE ARE A MULTITUDE OF FENCES INSTALLED PERMANENTLY ALONG THE OUTER REAR, PERIMETER OUT THE REAR AND SIDE PERIMETER OF THE PROPERTY.
WHY DO I POINT THAT OUT AND SAY THAT'S SIGNIFICANT? BECAUSE THIS BUSINESS HAS OUTDOOR DISPLAY.
IT'S BEEN THERE FOR GOD KNOWS HOW LONG.
THOSE PAVERS, THOSE FENCES, THEY'RE NOT THERE JUST TO LOOK ATTRACTIVE.
THEY'RE THERE BECAUSE THEY'RE PART OF THE BUSINESS.
IF YOU WANT TO DO YOUR OUTDOOR PATIO, YOU KIND OF WANNA HAVE AN IDEA WHAT YOUR PAVERS GONNA LOOK LIKE.
YOU GO TO PATIO.COM AT 600 CENTRAL AVENUE AND YOU WILL SEE A DISPLAY OF A MULTITUDE OF COLORS, TEXTURES, AND MATERIALS.
YOU WANT TO BUY A FENCE FOR YOUR OUTDOOR REAR YARD ASSOCIATED WITH YOUR PATIO.
THERE ARE A MULTITUDE OF FENCES, ET CETERA.
SO, SUFFICE IT TO SAY THAT WE BELIEVE THAT OUTDOOR STORAGE, UM, HAS CONTINUED.
I KNOW FROM MY, UM, MY COLLEAGUES AT THE BUILDING DEPARTMENT THAT THERE'S QUESTION ABOUT WHETHER THAT, UH, IS CORRECT, WHETHER THERE WERE EMPLOYEES THERE AT ALL TIMES, AND THERE WAS QUESTION ABOUT WATER USAGE.
SO I'M, WE, WE SUBMITTED MATERIAL THAT'S ALREADY PART.
HOPEFULLY YOU ALL HAVE OUR LETTER OF
[01:50:01]
APRIL 15TH, WHERE BRIAN AND I SUBMITTED TO YOU A RATHER EXTENSIVE LETTER, NOT ONLY CONTAINING OUR LEGAL ARGUMENTS, BUT A FACTUAL MATERIALS TO SUBSTANTIATE OTHER ITEMS IN TERMS OF, LET'S START WITH THE WATER ISSUE.THERE'S ONE SMALL BATHROOM AT THE BUILDING.
THIS IS NOT A HEAVY WATER USE FACILITY, NOR IS IT EVEN A HEAVY RETAIL FOLKS COMING IN AND SPENDING A LONG TIME.
THIS IS NOT A BATHROOM THAT GETS A LOT OF USE NONETHELESS.
UM, LIZ DID A GREAT JOB OF POINTING OUT TO ME THAT THERE WAS A QUESTION ABOUT WATER USAGE.
AND MR. ROSS EXPLAINED TO ME THAT HE HAS NOW TWICE NOTE FOR THE RECORD, TWICE REQUESTED A WATER METER, UH, INSPECTION.
IS THAT THE CORRECT WORD? REPAIR MAINTENANCE.
REPAIR MAINTENANCE FROM THE GREENBERG WATER DEPARTMENT.
UM, THAT HAS NOT BEEN RESPONDED TO.
I WOULD SUBMIT FOR THE RECORD THAT THE WATER METER MAY NOT BE ACCURATELY REFLECTING THE LITTLE BUT WATER USAGE WE SUBMITTED, THOUGH NOT HAPPILY.
UM, I TURNED TO MY CLIENT AND SAID, LOOK, I I GOTTA ASK YOU TO SUBMIT SOME BUSINESS RECORDS HERE.
I DON'T THINK YOU SHOULD HAVE TO SUBMIT BUSINESS RECORDS.
I DON'T THINK THE TOWN SHOULD BE DOING THIS, BUT LET'S SUBMIT SOME BUSINESS RECORDS THAT SHOW YOU HAD A LOVELY, UM, OLDER COUPLE WHO WORKED THERE AND WOULD COME IN FROM TIME TO TIME AND BE AT THIS PLACE OF BUSINESS.
THEY DON'T HAVE TO BE THERE EVERY DAY FOR THIS BUSINESS TO BE DEEMED A NON-CONFORMING USE THAT HAS CONTINUED.
THESE FOLKS EVEN WENT IN DURING COVID FROM TIME TO TIME, AND THEY CERTAINLY WENT IN BEFORE AND AFTER.
IN ADDITION, WE SUBMITTED RENT RECORDS, UM, SHOWING THE PAYMENT OF RENT THROUGHOUT THE, UM, PERIOD IN QUESTION FROM THE ENTITY THAT, UH, IS OPERATING THE BUSINESS TO THE ENTITY THAT OWNS THE PROPERTY.
SO, MADAM CHAIR, IF YOUR BOARD HAS QUESTIONS ABOUT THE CONTINUATION OF THE USE, I'D LOVE TO ENTERTAIN THEM AND RESPOND BECAUSE I DON'T THINK I HAVE TO GET TO THE AREA OF VARIANCE, THOUGH I'M HAPPY TO DO SO BECAUSE I BELIEVE IT'S QUITE CLEAR THAT THIS IS A PRE-EXISTING LEGAL NON-CONFORMING USE.
UM, DOES THE SITE NEED TO BE SPRUCED UP? ANSWER YES.
WILL MY CLIENT VOLUNTARILY OFFER CONDITIONS ASSOCIATED WITH YOUR RESOLUTION TO IMPLEMENT, UH, IMPROVEMENTS? ABSOLUTELY.
UH, AGAIN, FOR THE RECORD, WE'D LIKE TO FIX THE SIGN AND FIX THE CANOPY.
WE WERE STOPPED FROM DOING SO.
WE'D LIKE TO IMPLEMENT LANDSCAPING OUTSIDE.
YOUR COMMUNITY DESERVES THE LANDSCAPING.
YOU DESERVE THE TREES AROUND THE FENCES.
UM, I, I KNOW IF I WENT TO AN OUTDOOR PATIO.COM AND AN OUTDOOR FURNITURE STORE, I'D LIKE TO, I'D LIKE IT TO LOOK AS ATTRACTIVE AS POSSIBLE.
UM, THE FACT THAT IT MAY NOT BE TODAY THE WAY I HOPE AND MR. ROSS HOPES IT WILL BE SOMETIME SOON DOES NOT RESULT UNDER THE LAW IN AN ABANDONMENT OF A PRE-EXISTING NON-CONFORMING USE.
ANY QUESTIONS ON THE NON-CONFORMING USE ISSUE BEFORE I DISCUSS VARIANCES? BRIEFLY, I, I HAVE A QUESTION ON THE BUSINESS.
I'M VERY, EXACTLY, WHAT IS THIS BUSINESS? WHAT IS THE USAGE? BECAUSE I, LIKE YOU HAD BOUGHT PATIO FURNITURE THERE MANY, MANY YEARS AGO.
THE LAST TIME I WENT TO BUY PATIO FURNITURE THERE, I BOUGHT UMBRELLAS.
I DROVE UP TO THEIR FACILITY IN NORWALK, WHICH WAS, UM, I BELIEVE IT'S NOT ONE OF THEIR RETAIL LOCATIONS AT THAT TIME.
IT WAS, UM, A, A A DIFFERENT TYPE OF BUSINESS.
IT'S NOT LISTED ON THE PATIO, THAT SITE.COM WEBSITE.
I HAVEN'T SEEN ANY NEW FURNITURE GET DELIVERED THERE FOR DISPLAY IN MANY, MANY YEARS.
ANYTHING I'VE SEEN IS JUST BEEN STUFF THAT'S ROTTING AWAY BECAUSE I ACTUALLY LOOKED AT SOME ADIRONDACK CHAIRS THAT MATCHED MINE THAT I WAS INTERESTED IN PURCHASING AND THEY JUST SAT THERE UNTIL THEY ROTTED AWAY.
SO I'M REALLY CONFUSED ABOUT WHAT IS THIS BUSINESS THAT'S BEEN RUNNING THERE.
DAVE, I'D ASK YOU TO COME, COME UP AND, AND LET'S ADDRESS SOME, SOME OF THIS, ESPECIALLY THE WHY IT'S NOT ON THE WEBSITE PRESENTLY.
YOU CAN COME UP HERE, UM, INTRODUCE YOURSELF AND THE STATUS OF OUTDOOR STORAGE AND DISPLAY.
HI, MY NAME IS DAVID ROSS AND I'M WITH RR POOL SLASH PATIO.COM.
AND I'M HAPPY TO ADDRESS, UH, SOME OF YOUR QUESTIONS, WHICH ARE, UH, YOU WERE NICE ENOUGH TO ASK.
WE TOOK OVER FROM BRITOS LAWN AND GARDEN.
I'M KIND OF DATING MYSELF IN 1999 AND HAVE OPERATED CONTINUOUSLY SINCE 1999.
UM, THE, UM, THE FACILITY SELLS
[01:55:01]
BOTH ONLINE AND, UH, IN PERSON PATIO FURNITURE, SALES.THERE USED TO BE A LINE WHERE THERE WAS A DEMARCATION.
SOMEBODY EITHER BOUGHT ONLINE OR IN PERSON.
PEOPLE COME IN AND LOOK AT THE STUFF IN THE STORE AND THEN PURCHASE ONLINE.
THEY GO ONLINE AND THEN TEXT OUR EMPLOYEES AND BACK AND FORTH BY TEXT, BACK AND FORTH, BY PHONE CALL AND IN PERSON AND ONLINE.
SO IT'S, UM, A MIX OF WAYS TO PURCHASE AND WE ALLOW OUR CUSTOMERS TO PURCHASE ANY WAY THEY WANT.
SO YOU CAN GO IN PERSON AND PURCHASE OR YOU CAN, UM, BUY ONLINE IN THIS STORE.
WE HAD CHANGED THE FACADE RECENTLY.
WE HAD PAINTED IT AND WE WERE FINISHING UP THE INSIDE WHEN ON DECEMBER WE WERE GIVEN A STOP WORK ORDER.
SO THERE'S JUST HASN'T BEEN ANYBODY THERE SINCE DECEMBER 7TH, I BELIEVE.
WHEN DID IT COME OFF THE WEBSITE? UH, ROUGHLY ABOUT THAT SAME TIMEFRAME.
SO IF WE, IF WE COULD GARRETT, BECAUSE UNLESS THESE PHOTOGRAPHS ARE NOT ACCURATE, WE WERE GIVEN IN OUR PACKET A SERIES OF PHOTOGRAPHS.
I DON'T KNOW IF THEY WERE PROVIDED TO YOU THAT START DATING 2 4 21 GOING FORWARD TILL FIVE NINE.
IF YOU COULD JUST EXPLAIN PHOTOGRAPHS AS HE FLIPS THROUGH THEM TO TELL US WHAT MIGHT HAVE BEEN HAPPENING HERE AT THIS TIME.
SO IN 2020 AT 2 4 21, CLEARLY THE SNOW HAD NOT BEEN REMOVED FOR THE PROPERTY.
UM, SUBSEQUENT PHOTOGRAPH 1 3 3 1 22 STILL COVERED IN SNOW.
UM, 7 3 21, WE SEE THE SIGN IS ACTUALLY COVERED.
AND AS WE JUST PROCEED THROUGH THE PHOTOGRAPHS, 1 31, STILL SNOW 22, THEN 2 8 22.
UM, THERE IS NO PATIO FURNITURE OUTSIDE.
3, 4 24 PARKING LOT IS EMPTY AND THE STORE ACTUALLY IS EMPTY.
SO WE'RE JUST A LITTLE CONFUSED BECAUSE WE WANT TO HELP YOU WITH THIS, BUT JUST BASED ON THE DOCUMENTS THAT WE HAVE IN OUR PACKET, I DON'T KNOW WHAT BUSINESS WAS HAPPENING HERE AND WHAT PERSONNEL MIGHT HAVE BEEN INSIDE.
IT'S A VARIETY OF YEARS YOU'RE SEEING.
YES, BUT ONES WITH THE OLD SHINGLES, THERE ARE BLUE SHINGLES ON IT.
THEN WE CHANGED THE FACADE FROM BLUE SHINGLES.
IT WAS THEN CHANGED TO A GRAY METAL FACADE ON THE ROOFING.
THE BUILDING AGAIN, I'M STOP FOR THE RECORD.
ARE THOSE THE GRAY METAL? YES, THE GRAY METAL'S BEING CHANGED THERE.
THEN IF YOU LOOK, THE BUILDING WAS ORIGINALLY BLUE WHEN THE SHINGLES WERE BLUE.
THAT WAS PAINTED GRAY WITH BLACK TRAM AROUND THAT.
NOW YOU SEE IT WITH THE NEW ROOF AND THE NEW SHINGLES.
BUT IF YOU GO TO THE SITE AND YOU GO INSIDE, THERE'S NOTHING INSIDE.
SO THAT WAS, WE REMOVED THE, THE ITEMS 'CAUSE THEY PAINTED THE WHOLE INSIDE OF THE BUILDING.
WHEN DID YOU REMOVE THE ITEMS? UM, SO THIS, I DON'T KNOW, BUT THEY WERE PAINTING IN DECEMBER, SO PROBABLY RIGHT BEFORE THEY STARTED TO PAINT.
WE, WHEN, WHEN, WHEN YOUR, WHAT'S THE DATE RELATED TO YOUR QUESTION? BECAUSE WHAT I'VE TRIED TO ELIC FROM, FROM MR, YOU WANNA TAKE OUR PACKET? PACKET? YEAH.
SO I COULD TELL YOU THE DATES.
JUST SO WHAT WE WERE PROVIDING IN TERMS OF WHAT WAS NOVEMBER AND DECEMBER OF 23.
SO ALL THE ITEMS WERE REMOVED SO THAT THEY COULD PAINT IN NOVEMBER AND DECEMBER OF 23.
UM, THE PATIO FURNITURE HAS ALWAYS BEEN THERE.
THERE IS, I WAS JUST AT THE SITE ON TUESDAY.
THERE ARE 30 TO 50 PIECES OF PATIO FURNITURE THERE.
EVERYTHING FROM UMBRELLAS TO BASES TO SHEEZ LOUNGE TO CLUB CHAIRS, TO SIDE TABLES, TO DINING TABLES.
THEY MIGHT HAVE CHANGED BRANDS, THEY MIGHT HAVE CHANGED STYLES, BUT THEY'VE BEEN THERE CONTINUOUSLY SINCE THAT QUANTITY OR MORE PROBABLY SINCE 1999.
AND WE CHANGE IT SEASONALLY IN THE WINTER.
THERE'S A LITTLE LESS IN THE SUMMER.
THERE'S A LITTLE MORE AS FAR AS SHOVELING THE SNOW WALK.
AT ONE POINT OUR LANDSCAPER WHO WAS SUPPOSED TO DO THE WALKS DIDN'T.
AND WE RECEIVED A NOTICE AND A FINE FOR NOT SHOVELING THE WALKS.
WE'RE NOT VERY BUSY DURING THE WINTER, BUT WE SH WE ARE RESPONSIBLE FOR SHOVELING THE WALKS.
AND I APOLOGIZE THAT IT TOOK US A WHILE TO SHOVEL THE WALKS, BUT THE LANDSCAPER WENT BACK OUT.
BUT HE'S A VERY NICE LANDSCAPER.
LET, LET'S JUST ADDRESS AND I APPRECIATE, UM, BEING PROVIDED THE, THE PACKET.
DAVE, PLEASE DON'T GO ANYWHERE.
FEBRUARY 20, FEBRUARY 4TH, 2021.
WE'RE STILL, WE'RE STILL, IT'S THE WINTER OF, OF COVID.
UM, SO YEAH, THERE'S DEFINITELY SNOW THERE.
[02:00:01]
I BET YOU A LOT OF BUSINESSES IN GREENBURG WERE NOT PLOWING SNOW, MR. BLAND AT THAT POINT IN TIME.JULY OF, OF 21, THE SIGN IS COVERED.
UM, AND THE, THE ROOF, THE SHINGLES HAD NOT YET BEEN DONE.
UM, ARE, ARE WE OPEN FOR BUSINESS IN JULY OF 21? I BELIEVE THE STATE OF NEW YORK HAD US CLOSED.
UNFORTUNATELY, WE'RE NOT A A ESSENTIAL SERVICE.
UH, WE'RE NOT ALLOWED TO BE OPEN DURING THAT PERIOD.
SO WE'RE NOW BEGINNING TO COME OUT OF COV.
IT'S A CLEARLY AFTER A SNOW STORM.
UM, THERE'S STILL SOME SNOW EVEN ON THE TOWN ROAD, BUT, UH, OUR LANDSCAPER DIDN'T GET TO CLEARING THE SNOW THAT DAY.
HE SHOULD HAVE CLEARED THE SIDEWALKS.
WERE YOU STILL IN BUSINESS ON JANUARY 31ST, 2022? WE'VE BEEN IN BUSINESS SINCE 1999 AND WE NEVER WHY DID YOU COVER THE SIGN? GREAT QUESTION.
BECAUSE THE STATE OF NEW YORK REQUIRED US TO BE CLOSED.
SO WE COVERED THE SIGN SO THAT THEY KNEW THAT WE WERE CLOSED.
WE WEREN'T ALLOWED TO BE OPEN BECAUSE FROM MY POINT OF VIEW, I THOUGHT YOU GUYS WERE DONE WHEN YOU COVERED THAT SIGN.
AND, AND I'VE BEEN DOING THIS SINCE I WAS 17, SO IT JUST SEEMED OVER THIS TIME PERIOD TO TODAY, THERE WAS JUST LESS AND LESS INVENTORY IN THE STORE.
'CAUSE I DRIVE BY THERE ALMOST EVERY DAY.
AND SO I JUST NOTICED EVERY DAY.
I MEAN THERE'S BARELY, THERE'S NOTHING INSIDE.
THERE'S BARELY ANYTHING OUTSIDE.
I JUST ASSUMED YOU WERE WAITING FOR YOUR LEASE TO RUN OUT AND CLOSING THE BUSINESS.
I'VE BEEN IN THIS BUSINESS SINCE I WAS 17.
I STARTED CLEANING SWIMMING POOLS IN FAIRFIELD AND WESTCHESTER COUNTY AND I'VE CLEANED 10,000 AND THEN GOT INTO THE PATIO FURNITURE BUSINESS WHEN I WAS 21 AND BEEN DOING IT FOR NOW.
THIS IS WHEN THE, BEFORE THE FACADES GETTING DONE AND UM, ARE YOU TRANSACTING BUSINESS AT THIS POINT IN TIME? WE'RE TRANSACTING BUSINESS EVEN DURING COVID, BUT MORE OF IT SHIFTED TO ONLINE DURING COVID.
'CAUSE THEY WEREN'T, WE WEREN'T BY LAW ALLOWED TO BE OPEN ON THE INSIDE.
MORE IMPORTANTLY, WE DID YOU STILL MAINTAIN SOME AMOUNT OF OUTDOOR STORAGE AND DISPLAY AT THIS POINT IN TIME? YES.
YOU CAN SEE IT IN THE PICTURE.
IN FACT, IF WE JUMP FORWARD TO THE NEXT PHOTOGRAPH, WHICH IS ALL WRITTEN NOW, IT'S PRESENT DAY, FEBRUARY 9TH, 2024.
WE BEGIN TO SEE IN THE BACKGROUND THE FENCES AND THE PAVERS.
UM, IF YOU COULD SPEAK TO THAT.
WE SELL PATIO AND GARDEN PAVINGS.
WE SELL BOLLARDS, WE SELL FENCES, WE SELL TABLES, WE SELL SIDE TABLES.
EVERYTHING THAT'S IN, ACTUALLY, IF YOU LOOK AT EVERY PICTURE, YOU WILL SEE PATIO FURNITURE IN THERE AND, UH, STORAGE AND DISPLAY ON THE 2 4 21 PICTURE.
YOU SEE IT, IT'S ALL COVERED WITH SNOW, BUT YOU SEE IT ON THE SEVEN 13 PICTURE.
YOU SEE IT ALL IN FRONT THERE.
BUT, UM, IT'S SEVEN 30, UH, 7 13 21 DURING COVID ON 1 31 22.
IF YOU LOOK AT IT, IT'S COVERED BY SNOW BUT IT'S THERE.
IF YOU GO TO THE NEXT PICTURE, UM, 1 30, 1 22, I CAN SEE AN UMBRELLA BASE AND I SEE SOME OTHER FURNITURE ON THE RIGHT SIDE THERE.
SO IT'S NOT MUCH OF OUR PROPERTY, BUT IT'S STILL THERE.
IF YOU LOOK AT 2 8 22, I'M LOOKING RIGHT PAST THE SIGN THAT'S COVERED IN THE BACK AND I SEE ALL FURNITURE IN THE BACK, RIGHT HAND CORNER THERE.
AND ALSO ON THE LEFT, IF YOU LOOK, YOU'LL SEE TABLES AND UMBRELLAS AND IN THE CENTER YOU'LL SEE UMBRELLA BASES.
THEN THE OTHER ONES ON, THIS WAS LAST WEEK.
THEY'RE SHOWING THE FRONT OF THE BUILDING WHERE THE PARKING IS.
AND THAT SIDE, THERE'S NO, WE'VE NEVER HAD OUTDOOR DISPLAY ON THAT AREA OR WE'VE INFREQUENTLY HAVE IT.
BUT DAVE, WHY IS THERE NOTHING INSIDE THE STORE FROM THESE VANTAGE POINTS? BECAUSE THIS IS WHEN WE'RE PAINTING AND THEN WE ARE NOT ALLOWED TO PAINT ANYMORE.
WE'RE NOT ALLOWED TO DO WORK AND WE'RE NOT ALLOWED TO FINISH.
DID YOU PULL EVERYTHING FROM INSIDE THE STORE IN ORDER TO DO THE FLOOR AND THE PAINTING? YES, YOU HAVE TO DO THE FLOORING AND THE PAINTING.
WE WERE REQUIRED TO DO THAT BY THE CONTRACTOR.
AND EVEN IN THIS PICTURE, YOU CAN STILL SEE THAT WE HAVE THE FENCING, WE HAVE TABLES, WE HAVE CHAIRS, WE HAVE LOUNGES, WE HAVE DINING TABLES.
AND THEN THE REST ARE ALL FIVE NINE PICTURES.
SO THE CURRENT STATE, AND I CAN REPORT ABOUT THE CURRENT STATE BECAUSE I WAS THERE THIS WEEK.
SO I REALLY, I MEAN I'LL, I'LL COMMENT ON ABOUT THE PICTURES ACTUALLY.
'CAUSE THEY ACTUALLY REFRESH MY MEMORY AND IT'S GOOD.
[02:05:01]
AT THE PICTURE THAT SHOWS THE FENCE, YOU CAN SEE A CLUB CHAIR, WICKER DINING CHAIRS, WHAT YOU ARE LOOKING AT.THAT'S THE PICTURE HE'S LOOKING AT.
CLUB CHAIR TWO WICKER DINING CHAIRS.
UH, THE NEXT, NEXT PICTURE YOU SEE TWO, SHES LOUNGES A COUPLE OF DINING CHAIRS SIT, FOUR MORE DINING CHAIRS A TABLE UMBRELLA BASES ANOTHER DINING TABLE.
AND BY THE WAY, I DID FIND GARBAGE ON THE SITE WHEN I WAS THERE TUESDAY.
SO I GUESS IF YOU NOTICE NOW THERE'S NO GARBAGE THERE.
THERE WERE LOTS OF SIGNS, ADVERTISING EVERYBODY PUT SOME POLITICIANS AND THE LIKE, AND I TOOK UP MAYBE 10 STAKE SIGNS AND I'M SURE THEY'RE BACK THERE BY THE END OF TOMORROW.
SO MOVE THIS FORWARD JUST A LITTLE BIT.
SO YOUR CONTENTION IS, IS THAT THE WAY YOU HAVE THE ITEMS DISPLAYED THERE? SOMEONE WOULD PULL INTO THE PARKING LOT AND BE INTRIGUED OR INCITED TO PURCHASE BASED ON WHAT THEY SEE ON THE FRONT LAWN? YES.
I THINK IT NEEDS TO BE IMPROVED.
I THINK THE WHOLE SITE NEEDS TO BE IMPROVED.
I THINK THE LANDSCAPING NEEDS TO BE IMPROVED.
I THINK THE BUILDING INSIDE NEEDS TO BE IMPROVED.
THE PAINTING NEEDS TO BE DONE, THE FLOOR NEEDS TO BE DONE.
WE'VE BEEN IN THERE SINCE 1999.
IT NEEDS TO LOOK LIKE THE BEST BACKYARD IN ALL OF GREENBURG.
IT SHOULD BE LIKE, PEOPLE SHOULD GO BY AND SAY, WOW, IT DOESN'T LOOK THAT WAY.
I'M NOT PROUD OF IT AND I WANT TO BE PROUD OF IT.
AND I WANT YOU GUYS TO BE HAPPY AND EVERYBODY TO BE PROUD.
UM, DO YOU WANT ME TO GO MORE? THIS NEXT ONE IS MORE GOOD.
UM, DAVE, STAY IN THE FRONT ROOM HERE PLEASE.
WHEN WAS THE, WHAT WE SEE IN THESE PICTURES, WHEN WAS THAT ACTUALLY PLACED ON THE PROPERTY AND HAS THERE BEEN ANY TURNOVER? I MEAN YOU'RE, YOU'RE TELLING US THAT YOU, YOU'VE MADE SALES ONLINE OBVIOUSLY, BUT I DARE SAY IT WOULD SEEM UNUSUAL FOR ME TO LOOK AT WHAT IS ON THE PROPERTY THAT, THAT WOULD ATTRACT SOMEONE TO MAKE A PURCHASE.
SO I'M JUST WONDERING WHEN WAS THIS WHAT WE SEE NOW, WHEN WAS IT PUT THERE? AND ALSO WHAT WE SEE IN THE PICTURES? SURE.
MOST OF THE MERCHANDISE COMES OUT OF OUR LOCATION IN STANFORD, CONNECTICUT.
IT'S A 86,000 SQUARE FOOT BUILDING THAT SUPPLIES ALL OF OUR LOCATIONS.
SO THAT'S WHERE MOST OF THE MERCHANDISE COMES DIRECTLY TO HOMEOWNERS.
UH, AS FAR AS THE MERCHANDISE HERE, SOME OF IT WAS PUT THERE, YOU KNOW, ALL THE TIME.
YOU KNOW, I DON'T KNOW A DATE ON EVERY SPECIFIC PIECE, BUT NOTHING'S BEEN PUT THERE SINCE THAT STOP WORK ORDER.
SO WHEN WAS, WHEN WAS THE LAST TIME PRIOR TO THE STOP WORK ORDER THAT YOU CAN RECALL THAT YOU ACTUALLY PUT SOMETHING THING NEW THERE? DECEMBER BE? IT HAD TO BE BEFORE WE STARTED PAINTING.
SO NOTHING COULD HAVE BEEN BROUGHT THERE IN NOVEMBER OR DECEMBER.
'CAUSE THEY WERE PAINTING AND THEY NEEDED THE SPACE TO PAINT DURING THE SUMMER OF 23.
WAS ANYTHING NEW BROUGHT TO THE SITE? YEAH, SOME THINGS ARE NEW OR BROUGHT IN ALL THE TIME.
SEASONALLY IN THE WINTER WE ALWAYS HAVE LESS.
AND IN THE SUMMER WE ALWAYS HAVE MORE.
WHEN, WHEN DOES YOUR SEASON REALLY COME? MAY, JUNE, JULY.
NO, COME DOWN BECAUSE YOU HAVE PEOPLE WHO AUGUST IT STARTS TO FADE OUT IN SEPTEMBER.
IT STARTS TO GET QUIET IN OCTOBER AND IN THE WINTER SLUMP.
AND DO YOU HAVE SALES WHEN THE SEASON COMES DOWN? YES.
AND WOULD YOU SELL ANY OF THE PROP ANY OF THE UH, ITEMS THAT WE SEE DISPLAYED HERE? YES.
WOULD THEY BE SOLD, YOU KNOW, TO PURPOSE REPLENISH AND BRING IN NEW THINGS HOPEFULLY IN THE NEXT SEASON? YES, WE WERE, OUR SCHEDULE WAS, WE WERE GONNA FINISH THE PAINTING AND THEN IT WAS, YOU KNOW, STOP.
BUT WE WERE DOING PAINTING AND FINISHING THE FLOORING THEN WE WERE READY TO SET UP EVERYTHING.
BUT WE GOT STOPPED IN DECEMBER.
MADAM CHAIR, WE'VE GIVEN, UM, GARRETT A FLASH DRIVE 'CAUSE I WANT TO JUST DISPLAY SOME PHOTOGRAPHS FROM 2013 THROUGH 2019, WHICH WAIT, I THINK WE'VE SEEN THOSE.
UM, I WANNA MAKE SURE THAT THEY'RE AT LEAST PART OF THE RECORD.
WE HAVEN'T SUBMITTED THEM PRIOR TO NOW.
SO, UM, IF YOU COULD JUST ROLL THROUGH THE, THE, THE SHOTS.
UM, IF YOU GO TO THIS NEXT, JUST STAY THERE.
THAT'S PROBABLY THE WAY MANY OF YOU STOP RIGHT THERE.
THAT'S PROBABLY THE WAY MANY OF YOU REMEMBER.
[02:10:01]
I I HEAR YOU.I I THINK THAT IS, UM, WHEN MY WIFE AND I WENT TO BUY AN UMBRELLA IN A STAND THAT'S I SAID TODAY.
THAT'S KIND OF WHAT I REMEMBER.
UM, SO I SAID IT IN MY OUTSET AND I'M NOT GONNA DEVIATE FROM IT.
I ACKNOWLEDGE HE ACKNOWLEDGES THAT'S NOT THE WAY IT LOOKS TODAY.
I ACKNOWLEDGE AND HE ACKNOWLEDGES THAT'S THE WAY IT NEEDS TO LOOK LEGALLY.
AND THIS IS, I THINK CRITICAL.
LEGALLY THOUGH THERE WAS A REDUCTION IN OUTDOOR STORAGE AND DISPLAY.
IT WAS NOT ABANDONED AND TERMINATED.
IT MAY NOT HAVE BEEN ITS BEST FOOT STUFF RIGHT THERE.
ITS BEST FOOT FORWARD TO WHICHEVER ONE OF YOU SAID IT ENTICE SOMEONE TO COME AND BUY SOMETHING.
UH, THAT DOESN'T MEAN THAT PROPERTY RIGHTS ARE SURRENDERED AND THE GOVERNMENT TAKES THEM AWAY.
SO WE HAVE TWO WAYS OF DEALING WITH THIS.
A WE'RE STANDING IN FRONT OF SLIDE OVER IF YOU WOULD.
YOU SAID YOU MISSED ME, MR. BLAND.
CAN I, CAN I ASK THAT? SO WE'RE SEEING PICTURES.
WHAT ARE THE DATES? THESE ARE ALL 25TH.
I THINK THERE'S DATES ON ALL BRIAN.
EACH ONE, UM, DOES HAVE A DATE THERE.
AND I I'M ACKNOWLEDGING AGAIN, SO THE RECORD'S CLEAR.
WE DON'T HAVE TO WASTE A LOT OF TIME.
THIS IS WHAT THE SITE LOOKED LIKE.
DO WE HAVE ONE FROM 2019? 'CAUSE I, YES, BRIAN, THIS I TOTALLY REMEMBER 2013.
THIS IS IDENTIFIED OCTOBER, 2019.
AND I ASKED, AND THAT'S WHY I WANTED YOU TO SEE IT.
'CAUSE AGAIN, UM, THAT'S WHAT IT LOOKED LIKE.
THERE'S ABSOLUTELY NO QUESTION THAT THE BUSINESS CHANGED THROUGH COVID.
I I I'M NOT ARGUING EVERYTHING REMAINED PERFECTLY THE SAME.
THAT'S NOT WHAT THE LAW REQUIRES.
AND AGAIN, LET'S GO BACK TO THE FENCE AND THE PAVERS.
I KNOW, BUT, BUT, BUT, BUT YOU'RE QUESTIONING WITH ALL DUE RESPECT, MADAM CHAIR, YOU'RE QUESTIONING SOME OF THE OTHER DISPLAY.
THE FENCE WAS THERE THROUGHOUT THIS ENTIRE PERIOD.
THE PAVERS WERE THERE THAT CAN'T BE IGNORED AND THAT HAS TO BE MADE CLEAR, UH, AS PART OF YOUR, AS PART OF YOUR ANALYSIS.
SO THERE WERE TWO PATHWAYS, UH, THAT I SUGGEST.
ONE IS I THINK IT'S CLEAR THAT THERE WAS NO ABANDONMENT.
AND THIS IS A PRE-EXISTING LEGAL NONCONFORMING USE THAT FELL INTO LESS THAN GREENBERG'S STELLAR STATE OF CONDITION THAT DOESN'T SURRENDER REAL ESTATE PROPERTY RIGHTS.
ALTERNATIVELY, AND IN, IN ADDITION, I THINK THE BENEFIT OF THE APPLICANT DRAMATICALLY OUTWEIGHS THE DETRIMENT TO THE SURROUNDING COMMUNITY.
I DON'T THINK THAT WE ARE TRYING TO ALTER THE CHARACTER OF THE NEIGHBORHOOD.
THIS IS ONE OF THE BUSIEST COMMERCIAL CORRIDORS IN WESTCHESTER COUNTY.
I DON'T THINK THERE'S A SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT ASSOCIATED WITH MAKING SURE THAT I CAN HAVE AND MY CLIENT CAN HAVE OUTDOOR STORAGE AND PARKING.
LIKEWISE, I DON'T THINK I'M ASKING FOR A SUBSTANTIAL VARIATION OR VARIANCE, AND I DO NOT BELIEVE THAT THERE IS ANOTHER FEASIBLE ALTERNATIVE.
MY FIRST LINE TO YOU WAS, HOW THE HECK DO YOU HAVE AN OUTDOOR PATIO FURNITURE STORE WITHOUT HAVING OUTDOOR STORAGE AND DISPLAY OF THE PATIO FURNITURE? SO I, IT'S LIKE ANATHEMA THAT WE ARE HERE DISCUSSING IT.
I, WHAT WOULD I HAVE LIKED? I WOULD'VE LOVED THE BUILDING DEPARTMENT TO PICK UP THE PHONE AND I WASN'T INVOLVED.
SO LIZ IS GONNA TELL ME, DAVID, WE COULDN'T CALL YOU.
I WOULD'VE LOVED SOMEBODY TO CALL ME AND SAY, DAVID, YOU GOTTA GET ON DAVE ROSS.
YOU GOTTA GET THIS SITE DEALT WITH IMMEDIATELY.
THIS IS GREENBURG, THIS IS OLD ARMY ROAD AND CENTRAL AVENUE, AND WE GOTTA DEAL WITH THIS.
SO TONIGHT, WITH ALL DUE RESPECT, I AM ASKING YOU TO TAKE A LOOK AT THE FACTS AND CIRCUMSTANCES AND THE TOTALITY OF THE CIRCUMSTANCES AND TO GRANT TO US EITHER IN ALL AN INTERPRETATION OR A VARIANCE.
I'M GOING TO, I'M GONNA HIT THE NEXT PART 'CAUSE I FEEL LIKE I HAVE NO CHOICE BUT TO DO SO.
I REALLY WISH I DIDN'T HAVE TO DO SO, BUT I AM GOING TO, I THINK YOU HAVE TO ON MAY 10TH.
ON MAY 10TH, UM, THE BUILDING DEPARTMENT ISSUED A MEMO TO YOU SUGGESTING THAT WE, THAT MY CLIENT HAD SOMEHOW NOT PROPERLY FILED A TIMELY APPLICATION FOR THE CONTINUATION.
AND AGAIN, I WAS HOPING THAT I DIDN'T HAVE TO DO THIS, BUT YOU HAVE TO, BUT I HAVE TO.
UM, SO WITH ALL DUE RESPECT TO, UM, THOSE IN THE ROOM, I THINK THE BUILDING INSPECTORS, UM, COMMUNICATION WAS SPECIOUS, IMPROPER, UM,
[02:15:01]
UNLAWFUL AND INACCURATE.WHY DO I SAY THAT? FIRST AND FOREMOST, UM, THIS PROPERTY, AND I DIDN'T SAY THIS AT THE OUTSET, BUT YOU ALL KNOW WE'RE IN THE CENTRAL AVENUE CA ZONING DISTRICT.
WE ARE NOT IN ANY OTHER ZONING DISTRICT.
WE'RE IN CA, THE BUILDING DEPARTMENT WITH WITHDRAWN THE BUILDING INSPECTOR CITED TO YOU A VIOLATION OF A PROVISION THAT RELATES TO EVERY PROPERTY IN GREENBURG OTHER THAN THOSE LOCATED IN THE CA ZONING DISTRICT.
BRIAN, HELP ME WITH THE CITATIONS SO I DON'T HAVE TO WASTE TIME.
FLIPPING THE B BRIAN
UM, THE CITATION THAT WAS REFERENCED IN THE, IN THE NOTES DISCONTINUANCE WAS SECTION 2 85 DASH FOUR TWO SUBSECTION, OR SORRY, YEAH.
UM, THAT SUBSECTION, THAT SECTION ACTUALLY MAKES REFERENCE TO SECTION 2 85 DASH 29.1.
AND THAT'S IN 2 85 DASH 42 A SAYS, THE ABOVE DEFINITION SHALL NOT APPLY TO 2 85 DASH 29.1 OF THIS CHAPTER, WHICH SPECIFIES NON-CONFORMING REGULATIONS THAT APPLY SPECIFICALLY TO SAID SECTION, SECTION 29.1, SUBSECTION 29.1.
THAT IS THE SECTION FOR THE CA DISTRICT, WHICH HAS ITS OWN NON-CON PERFORMING USE PROVISIONS.
SO WE RECEIVED A NOTICE AND AGAIN, UH, MADAM CHAIR, MEMBERS OF THE BOARD, WITH ALL DUE RESPECT, WE CHOSE NOT TO MAKE AN ARGUMENT ON FEBRUARY 15TH, 16TH, 17TH, 18TH, 19TH, 20TH, 21ST.
HEY LIZ, YOU GUYS SENT US AN INCORRECT NOTICE.
WE ALSO RECEIVED A NOTICE OF DENIAL, A REVISED LOAN NOTICE OF DENIAL.
LIZ WAS KIND ENOUGH TO EMAIL ME AT 3 22 AND HER RAY IS 600 CENTRAL PARK AVENUE REVISED DENIAL ALL CAPS.
I THEN GOT ANOTHER DENIAL OF SECOND REVISED DENIAL.
SO MY CONTENTION, AGAIN, I REALLY DON'T WANNA WASTE TIME, BUT I HAVE NO CHOICE BUT TO DO THIS.
THIS IS NOT AN UNTIMELY APPLICATION.
IN FACT, THE VIOLATION I SH WE SHOULD HAVE JUST SAID, YOU KNOW, WE'RE NOT EVEN SHOWING UP.
LASTLY, THE BUILDING INSPECTOR INDICATES THAT HE SERVED THE OWNER OF THE PROPERTY.
THE OWNER OF THE PROPERTY FOR THE LAST 12 YEARS HAS BEEN 600 CENTRAL AVENUE LLC.
THE DEED IS ON FILE IN WESTCHESTER COUNTY CLERK'S OFFICE.
I DON'T KNOW WHAT THE TOWN'S RECORDS REFLECT, BUT THE TOWN SHOULD HAVE RECEIVED.
AND THOSE OF YOU WHO ARE ATTORNEYS KNOW AND RPT 52 17 THAT GO COPY GOES TO THE TAX ASSESSOR AT THE TIME THE DEED IS RECORDED.
I DON'T KNOW WHY IT DOESN'T REFLECT THE CORRECT ENTITY, BUT AGAIN, BECAUSE THE GAME IS BEING PLAYED ON ME, I HAVE NO CHOICE BUT TO DO THIS.
WHY DO I SAY THAT? I SAY THAT BECAUSE I'VE BEEN DEALING COOPERATIVELY WITH THE DEPUTY BUILDING INSPECTOR, THE COMMISSIONER OF DEVELOPMENT FOR OVER TWO MONTHS ON THIS APPLICATION.
PHONE CALLS, EMAILS, FRIENDLY PROFESSIONAL CONVERSATIONS.
ON MAY 10TH, THE BUILDING INSPECTOR WRITES A MEMO TO YOU SAYING, THIS IS IMPROPER.
COME ON THE BUILDING INSPECTOR CITED THE WRONG SECTION, CITED THE WRONG OWNER SERVED US WITH THREE DIFFERENT DENIALS.
I WILL NOW GO BACK TO THE REGULARLY SCHEDULED PROGRAM, UNLESS YOU WOULD LIKE TO DISCUSS THAT FURTHER.
WE'RE HERE MADAM CHAIR, BECAUSE I GOT A BUSINESS HERE IN YOUR TOWN THAT WANTS TO STAY IN YOUR TOWN.
THAT NEVER WENT OUT OF BUSINESS.
I DON'T KNOW WHY IT WAS HANDLED THE WAY IT WAS, BUT MAYBE THERE WERE LEGITIMATE ISSUES WITH REGARD TO VIOLATIONS ON THE PROPERTY CONDITIONS ABOUT THE CONCERN AND THE CONDITIONS OF THE PROPERTY.
PROPERTY RIGHTS BENEFIT TO THE APPLICANT OUTWEIGHS THE DETRIMENT TO THE COMMUNITY.
DAVE, ARE YOU READY TO RESTORE THIS TO 2013 TO 2019 CONDITIONS? I THINK I'M NOT HAPPY THE WAY IT LOOKED IN 2013 TO 2019.
I WANT TO GET A BEAUTIFICATION AWARD LIKE WE GOT FOR MAYOR BLOOMBERG FOR DOING IT IN NEW YORK CITY.
I THINK THE SITE COULD BE MUCH BETTER THAN IT EVER LOOKED.
UH, WE STARTED TO, UH, REDO THE BUILDING BY CHANGING THE FACADE AND PAINTING THE COLOR AND GETTING RID OF THAT AWFUL BLUE.
WE NEED TO FINISH IT BY CHANGING THE SIGNING, CHANGING THE AWNING, FINISH THE PAINTING INSIDE, PUTTING FLOORING ON THE INSIDE AND LANDSCAPING WITH BOXWOODS ALONG THE FENCE.
IF ANYBODY REMEMBERS OUR LOCATION IN MANHATTAN AT 63RD AND SECOND, IT HAD A NICE FOUNTAIN.
IT HAD LANDSCAPING ALONG THE FENCE AND IT WAS A BEAUTIFUL PLACE FOR THE COMMUNITY TO COME REST.
UM, AND JUST GET AWAY FROM, UM, YOU KNOW, THE GRIND OF THE CITY.
AND THEN ON SEPTEMBER 11TH, PEOPLE WHO WERE WALKING UPTOWN SLEPT ON OUR SHE LOUNGES 'CAUSE THEY HAD NO OTHER PLACE TO SLEEP AND NO OTHER PLACE TO GO.
[02:20:01]
SO THIS PLACE HOPEFULLY WON'T BE USED IN AN EMERGENCY LIKE THAT, BUT IT SHOULD BE A NICE PLACE AND IT SHOULD LOOK LIKE THE BEST BACKYARD IN ALL OF WESTCHESTER.DAVE, ARE YOU WILLING TO VOLUNTARILY OFFER CONDITIONS TO THE ZONING BOARD TO IMPOSE ON A RESOLUTION REGARDING THE SIGNAGE, THE CANOPY, THE LANDSCAPING, AND THE TREES TO WHICH YOU JUST REFERRED? YES, I AM.
AND WE'RE NOT AN INTENSE USER.
USUALLY THERE'S ONE OR TWO CUSTOMERS AT A TIME.
SO IT'S A VERY LOW INTENSITY USE OF A BUILDING.
WE DON'T NEED ANY MORE PARKING.
WE'VE NEVER HAD A PARKING PROBLEM THERE SINCE 1999.
WE'VE BEEN OPERATING THERE AND THERE'S NEVER BEEN A TIME WHEN THERE WASN'T, YOU KNOW, FIVE EMPTY PARKING SPOTS.
IF, IF THE BUILDING DEPARTMENT AND OR THE PLANNING DEPARTMENT HAVE SUGGESTIONS FOR HOW MR. ROSS AND PATIO.COM CAN BEST IMPROVE THE PROPERTY WITHIN REASON WE'RE ALL EARS.
UM, WE'VE PRESENTED A COUPLE OF SIMPLE SUGGESTIONS.
WHAT RELATIVE TO CONDITIONS WE'RE VOLUNTARILY OFFERING THOSE.
IF, IF THE BOARD WANTS TO QUESTION US ABOUT SOMETHING ELSE, I I, YOU KNOW, WE'RE HERE, WE'RE WE ARE GENUINELY HERE TO WORK COOPERATIVELY.
WE COULD HAVE PLAYED THE, THE SILLINESS OF YOU SENT IT TO THE WRONG OWNER, YOU CITED THE WRONG SECTION, YOU REVISED YOUR DENIAL THREE TIMES.
WE'RE HERE TONIGHT AS, AS I, I FEEL LIKE I ALWAYS DO WITH YOU TO TRY TO WORK WITH IT APPROPRIATELY, OPENLY AND PROFESSIONALLY.
AND I'M GONNA, I'M GONNA MAKE ONE LAST COMMENT 'CAUSE I DON'T KNOW IF NOBODY'S THROWING QUESTIONS.
PLEASE DON'T SAVE YOUR QUESTIONS AND COMMENTS FOR YOUR DELIBERATIONS.
I HAVE TO SAY IT TO YOU EVERY TIME.
YOU ARE ONE OF THE ONLY BOARDS THAT DOES YOUR SEPARATE DELIBERATION THAT THE APPLICANT CANNOT PARTICIPATE IN.
SO IF THERE'S STUFF THAT'S GONNA HAPPEN, LET US BE PART OF IT.
MAYBE WE HAVE SOMETHING INTELLIGENT OR INSIGHTFUL TO SAY.
BUT PLEASE DON'T MAKE ME SIT THERE AND BITE MY LIP AND TONGUE BECAUSE YOU'RE DELIBERATING AND YOU'RE EITHER SAYING SOMETHING INCORRECT OR THERE'S SOMETHING WE COULD SAY THAT WOULD BE HELPFUL.
SO THEN
I THOUGHT THAT MEANT THAT IF THE APPEAL IS DENIED, THE APPLICANT IS SEEKING AS AN ALTERNATIVE RELIEF A VARIANCE.
I THOUGHT THAT'S WHAT YOU WERE GONNA TALK ABOUT THE VARIANCE.
SO I I DID, BUT I'LL DO IT AGAIN.
I I I DID IT, BUT I'LL DO IT AGAIN.
UM, BECAUSE MAYBE I MISSED THAT MR. GLAND ALL I YEAH, HE SAID THAT THEY'RE WILLING, WHATEVER CONDITIONS WE SET FORTH, THEY'RE WILLING TO, AND MR. CRITCHLOW, I WENT THROUGH ALL FIVE OF THE, THE STATE LAW FACTORS, INCLUDING THE TEST OF SASSO OOD, WHICH IS EFFECTIVELY BOILED DOWN TO THE BENEFIT TO THE APPLICANT.
WEIGHED AGAINST THE DETRIMENT.
SO I, AND I I THEN JUST MAKE ME UNDERSTAND IF NO, IF EVERYONE ELSE UNDERSTANDS THAT I'M THE ONLY ONE WHO DOESN'T TOTALLY FINE.
WHAT DOES THE DENIALS PREVIOUSLY HAVE TO DO WITH WHAT PATIO GOT TO ACHIEVE TODAY? SO WE RECEIVED A, UH, DETERMIN STOP WORK ORDER.
WE, WE RECEIVED A STOP WORK ORDER AND A DETERMINATION FROM THE BUILDING DEPARTMENT THAT EVEN IF THE, THIS IS CRITICAL AND MAYBE I MADE AN ASSUMPTION HERE.
EVEN IF THE OUTDOOR DISPLAY AND STORAGE AND PARKING WERE PREEXISTING NONCONFORMING ASPECTS OF BRITS AND PATIO.COM, IT'S BEEN THERE.
YOU ALL KNOW YOU ALL TOLD ME SOME OF YOU'VE SHOPPED THERE, YOU SHOPPED THERE.
THE SAME OUTDOOR STORAGE WAS THERE AND THE PARKING WAS THERE AND IT WAS PRESUMABLY UNDER THE BUILDING DEPARTMENT'S NOTICE NON-CONFORMING AT THAT TIME.
SO I DON'T THINK THE NON-CONFORMING USE, AND I'LL SLOW THIS PART DOWN 'CAUSE IF YOU DIDN'T FOLLOW ME, THEN THAT'S MY FAULT.
THAT'S 'CAUSE I KNOW THE CHAIR ALWAYS WANTS ME TO MOVE THROUGH.
UM, THE BUILDING, THE BUILDING DEPARTMENT CONCLUDED AND ISSUED A NOTICE THAT WE HAD SURRENDERED THOSE NON-CONFORMING USE RIGHTS, NO REASONING PROVIDED.
BUT WE, BUT SOMEBODY WHO WASN'T THE OWNER GOT A NOTICE WITH THE WRONG SECTION CITED SAYING, YOU LOST, WE DON'T THINK YOU HAVE YOUR NON-CONFORMING USE RIGHTS.
I THINK IT WAS NEVER ABANDONED.
I THINK THE CASE LAW MAKES THAT CLEAR AND THE FACTS MAKE THAT CLEAR.
SO FIRST ISSUE, I'M, I'VE ASKED FOR A INTERPRETATION BY YOUR BOARD,
[02:25:01]
SORRY, MR. MORABITO, AT BUILDING DEPARTMENT, THERE IS NO ABANDONMENT.THIS IS A PRE-EXISTING LEGAL NON-CONFORMING USE AS TO OUTDOOR STORAGE AND PARKING, WHICH MEANS THAT THEY CAN THEN CONTINUE WITH THE WORK THAT THEY WERE CORRECT.
IF THERE WAS, AS OPPOSED TO NOW REQUIRING US TO APPROVE OF AN AREA OF VARIANCE.
FOLLOW FOLLOW THIS BECAUSE IF YOU, IF YOU, IF YOU ISSUE THAT INTERPRETATION THAT IT'S A PRE-EXISTING LEGAL NON-CONFORMING USE CASE OVER, THERE'S NO NOTICE, NO DENIAL AS TO THE LACK OF CONTINUATION OF THE NON-CONFORMING USE.
WE MAY HAVE SOME ISSUES WE GOTTA CLEAR UP WITH LIZ REGARDING THE BUILDING DEPARTMENT VIOLATIONS.
THERE, THERE MAY BE TECHNICAL ISSUES, BUT THE USE IS GOOD IN THE ALTERNATIVE, IF YOU DO, IF YOU DECIDE WE DON'T HAVE A MAJORITY OF THE BOARD THAT AGREES WITH YOU, MR. ROSS, WILL YOU THINK YOU ABANDONED DESPITE THE FENCE, THE PAVERS, THE OUTDOOR STUFF THAT MAY NOT LOOK GREAT AND THE FACT THAT BUSINESS CONTINUED THERE DESPITE COVID, ET CETERA, ET CETERA.
ALTERNATIVELY, WE'VE PRESENTED IT TO YOU AND YOU'VE NOTICED IT TO THE PUBLIC AS AN AREA OF VARIANCE.
MY ARGUMENT, MR. CRITCHLOW, IS IF YOU DON'T WANT TO DO A B IS THE BENEFIT TO THE APPLICANT OUTWEIGHS THE DETRIMENT TO THE SURROUNDING COMMUNITY.
WE SATISFY THE FIVE FACTOR TEST IN NEW YORK STATE TOWN LAW AND YOUR CODE.
WE ARE ENTITLED TO AN AREA OF VARIANCE BECAUSE THERE IS NO DETRIMENT TO THE SURROUNDING COMMUNITY, WE'RE CONSISTENT WITH THE C COMMERCIAL CHARACTER OF CENTRAL AVENUE.
THIS IS NOT A SUBSTANTIAL VARIANCE.
I I SHOULD HAVE DONE WAS, HAD A, A CONVERSATION WITH ED PRIOR TO THIS MEETING TO HAVE HIM EXPLAIN THESE NUANCES TO ME A LITTLE BIT BETTER.
YOU HAVE NOW EXPLAINED IT TO ME.
YOU'RE VERY, VERY WELL, AND I APPRECIATE, SERIOUSLY APPRECIATE YOU ASKING SO THAT THERE, THERE ISN'T A LACK OF CLARITY.
AS YOU KNOW, THERE'S ALWAYS TWO SIDES TO EVERY STORY.
SO WHAT I'D LIKE TO DO AT THIS TIME IS TO INVITE THE BUILDING DEPARTMENT UP TO SHED SOME LIGHT ON YOUR SIDE OF THE STORY AS TO WHY THESE LETTERS WERE WRITTEN SO WE CAN HAVE AN ACCURATE VIEW AND PERSPECTIVE.
I'M THE DEPUTY BUILDING INSPECTOR FOR THE 10 OF GREENBERG.
SO I JUST WANNA CLARIFY A COUPLE OF THINGS THAT MR. STEINMAN MENTIONED.
UM, THE APPLICANT WAS NEVER STOPPED FROM DOING ANY WORK ON THE EXTERIOR OF THE BUILDING, THE CANOPY, THE SIGNAGE.
IT WAS A STOP WORK ORDER FOR WORK THAT WAS BEING DONE ON THE INSIDE OF THE BUILDING.
SO IT NEVER ADDRESSED ANYTHING ON THE EXTERIOR.
THAT WAS IN THE DECEMBER STOP WORK ORDER.
MM-HMM
NO NOTIFYING THE OWNER AS ACCORDING TO THE RECORDS THAT THE NON-CONFORMING USE OF EXTERIOR DISPLAY AND SALE OF CONSUMER MERCHANDISE HAD BEEN DISCONTINUED ON OR BEFORE DECEMBER 28TH, 2022 BECAUSE OF ONE CESSATION OF WATER USAGE.
TWO, THE INSPECTOR'S NOTIFICATIONS, AND THREE, THE FACT THAT THE OWNER PLED GUILTY TO FAILING, EXCUSE ME, FAILING TO MAINTAIN A VACANT STORE IN GREENBURG TIME COURT ON OCTOBER 4TH, 2022.
CAN YOU REPEAT THAT AGAIN PLEASE? SO THE BILL, UH, THE OWNER WAS ISSUED CITATIONS IN 2022, WAS ISSUED A SUMMONS, WENT TO COURT AND PLED GUILTY THAT HE FAILED TO MAINTAIN A VACANT STORE.
AND THAT WAS OCTOBER 4TH OF 22.
SO I'M NOT GONNA ADDRESS THE APPEAL OR THE TIMELINESS THEREOF, BUT, UM, THE APPLICANT IS APPEALING THE BUILDING INSPECTOR'S NOTICE OF DISCONTINUANCE THAT A NON-CONFORMING USE OF THE EXTERIOR DISPLAY AND STORAGE OF CONSUMER MERCHANDISE FROM THIS LOCATION WAS NEVER ABANDONED.
THIS NOTICE OF DISCONTINUANCE WAS ISSUED AFTER BEST IN BACKYARDS, NOT PATIO.COM INQUIRED ABOUT PROCEDURE FOR APPLYING TO THE FORMER PATIO.COM IF EXTERIOR STORAGE AND DISPLAY WAS GRANDFATHERED.
THE TOWN IS FAMILIAR WITH THIS VACANT STORE AND THE CONDITION OF THE PROPERTY BECAUSE BETWEEN 2021 THROUGH APRIL, 2024, THE TOWN HAS RECEIVED MULTIPLE COMPLAINTS FROM RESIDENTS REGARDING THE CONDITION OF THE STRUCTURE AND THE EXTERIOR PROPERTY AREAS.
THE TOWN ISSUED VIOLATION NOTICES AND SUMMONS TO THE OWNER BETWEEN FEBRUARY, 2021 AND MOST RECENTLY IN APRIL, 2024, THE OWNER OF PATTY DO.COM PLED GUILTY AGAIN TO MAINTAINING A VACANT STORE ON OCTOBER 4TH, 2022 IN GREENBURG TOWN COURT UNDER SUMMONS 22 1 4 3 5 8.
[02:30:02]
ADDITIONALLY, THE BUILDING DEPARTMENT CONFIRMED VACANCY BY REQUESTING WATER CONSUMPTION RECORDS FROM THE TOWN'S WATER DEPARTMENT.ACCORDING TO THESE RECORDS BETWEEN 5 8 20 21 AND 5 18 20 22.
AND BETWEEN THE PERIODS OF SIX MONTHS BETWEEN 11 18, 20 22 AND 8 18 20 23, THE BUILDING AT 600 CENTRAL PARK AVENUE CEASED ALL WATER CONSUMPTION EVIDENCE THAT THE BUILDING DE BUILDING WAS UNOCCUPIED.
BASED ON THE, THESE FACTS THAT THE OWNER PLED GUILTY TO THE FAILING TO MAINTAIN A VACANT STORE INSPECTOR'S OBSERVATIONS OF THE CONTINUED VACANCY AND THE LACK OF WATER CONSUMPTION FOR MORE THAN SIX MONTHS, THE BUILDING DEPARTMENT ISSUED A NOTICE WHICH STATES ANY NON-CONFORMING USE IF DISCONTINUED FOR WHATEVER REASON FOR SIX MONTHS OR LONGER, SHALL BE DEEMED TO BE ABANDONED AND NOT BE RESUMED.
THE BUILDING DEPARTMENT REQUESTS THAT THE ZONING BOARD UPHELD THE BUILDING INSPECTOR'S NOTICE OF DISCONTINUANCE AND ACCORDINGLY DENY THE APPEAL.
THERE'S A COUPLE OF QUESTIONS AFTER READING THE APPLICANT'S SUBMISSION BECAUSE THE APPLICATION THAT THE BUILDING DEPARTMENT RECEIVED WAS FROM BEST IN BACKYARDS.
THE INFORMATION THAT'S IN ALL THE PACKAGES HAVE BEST IN BACKYARDS PATIO.COM AND BEST IN BACK YARDS ARE TWO TOTALLY DIFFERENT USES IN THE SENSE THEY BOTH HAVE OUTDOOR STORAGE, BUT ONE IS A GREATER INTENSITY THAN THE OTHER BEST IN BACKYARDS I'M FAMILIAR WITH.
THEY HAVE OUTDOOR STORAGE OF ABOVE GROUND POOLS, PLAY EQUIPMENT AND THINGS LIKE THAT.
SO THE APPLICATION THAT IS BEFORE US, THEY JUST HAVE TO HAVE SOME CLARITY.
AND I ASKED, UM, THE APPLICANT TO PROVIDE THAT.
UM, BUT I HAVEN'T GOTTEN THAT YET.
UM, SCHEDULE H IN THE SUBMISSION SHOWS SALES AT THE LOCATION.
IT DOESN'T MENTION WHAT WAS SOLD.
THE LEDGER SAYS WESTCHESTER COUNTY OR WESTCHESTER, NEW YORK.
WAS THIS ONLY IN WESTCHESTER, THE SALES BEING DONE, DOES THAT MEAN THE SALES TOOK PLACE IN WESTCHESTER OR THAT THE CUSTOMER LIVES OR TOOK DELIVERY IN WESTCHESTER? SCHEDULE? G'S EMPLOYEE LEDGER ALSO SAID, DOES NOT SAY WHERE THE EMPLOYEE WORKED AND WHO MAINTAINED THE LAW OR THE GRASS.
SO I HAD SOME QUESTIONS WITH REGARD TO THAT, WITH REGARD TO OUR APPLICATION, UM, AND SOME CLARITY ON WHO ACTUALLY IS THE APPLICANT.
IS IT RETURNING TO PATIO.COM OR IS IT GOING TO BEST IN BACKYARDS, WHICH MAY REQUIRE OTHER VARIANCES BECAUSE THEY THEY HAVE LARGE SCALE OUTDOOR EQUIPMENT.
ANY OTHER QUESTIONS? DOES THE TOWN THERE SPEAKER, UM, ONLINE, LET ME JUST ASK ONE QUESTION FIRST OF MS. GARRITY, DOES THE TOWN HAVE ANY OF THE COMPLAINTS THAT YOU MENTIONED IN WRITING? YES, WE'VE HAD EMAIL COMPLAINTS.
COMPLAINTS HAVE COME THROUGH THE TOWN SUPERVISOR'S OFFICE.
WHEN CONSTITUENTS CALL HIM DIRECTLY.
UM, UH, SUPERVISOR FRYER SENDS THE COMPLAINTS TO THE BUILDING DEPARTMENT.
WE'VE HAD PHONE COMPLAINTS, BUT THEY'VE ALL BEEN RECORDED.
UM, SOME ARE FROM DEPARTMENT OF PUBLIC WORKS, UM, FOR THE SNOW, UH, REMOVAL THAT WAS CITED.
UM, BUT A MAJORITY OF IT HAS BEEN FROM PROPERTY MAINTENANCE.
WHO DO WE HAVE? MS. OCHE? YES, JUST A MOMENT.
I AM MADELINE OSHA, OWNER OF OF RECORD FOR THE PROPERTY AT NINE EDGEMONT CIRCLE, WHICH IS, WHICH IS WITHIN WALKING DISTANCE OF THE SUBJECT PROPERTY.
OLD ARMY ROAD AT CENTRAL AVENUE IS A GATEWAY TO ONE OF THE OLDEST NEIGHBORHOODS IN GREENBURG.
DIAGONALLY ACROSS OLD ARMY FROM 600 IS AN 18 HUNDREDS BARN.
ORIGINALLY A BLACKSMITH SHOP TO THE AREA.
AND ONE LOT UP OLD ARMY IS A 1740S HOUSE KNOWN AS UNDER HILL TAVERN, WHERE AMERICAN TROOPS STOPPED DURING THE REVOLUTIONARY WAR.
A LITTLE FURTHER ALONG OLD ARMY IS THE HOUSE WHERE JAMES FENNEMORE COOPER FINISHED THE LAST OF THE MOHEGANS.
THEN THERE IS A TENANT FARMER'S HOUSE, AN 1890S FARMHOUSE.
THE PROPERTY WHERE POET LAUREATE BILLY COLLINS, STAYED A 1914 FARMHOUSE BUILT ON AN 1800 FOUNDATION AND REPUTED TO HAVE A HIDE HOLE FOR RUNAWAY SLAVES.
IT IS MY UNDERSTANDING THAT OLD ARMY ROAD WILL BE UNDER CONSIDERATION AS A POSSIBLE HISTORIC DISTRICT.
YES, CENTRAL PARK AVENUE IS A STRIP, A COMMERCIAL STRIP, AND YES, THERE IS A GAS STATION ON THE SOUTHEAST CORNER.
HOWEVER, THE STATION'S OLD ARMY ENTRANCE AND EXIT WAS CLOSED
[02:35:01]
BY DOT IN THE EARLY 1980S WHEN OLD ARMY WAS WIDENED AND A SMALL ISLAND WAS ADDED.DOESN'T THE CODE SAY THAT COMMERCIAL BUSINESSES OUR NOT SUPPOSED TO HAVE DRIVEWAYS ON RESIDENTIAL STREETS? THE CORNER PROPERTIES AT FORD HILL AND UNDERHILL ROADS WERE PROHIBITED FROM USING THOSE RESIDENTIAL STREETS FOR ENTRANCE AND EGRESS PICTURES SUBMITTED ON BEHALF OF THE APPLICANT.
SHOW THIS 600 CENTRAL AVENUE HAS AN INTERESTING HISTORY FROM TIME IN MEMORIA.
IT WAS BRITTO'S NURSERY RUN BY THE TWO BRUTTO BROTHERS JUNIOR LIVED IN HARTSDALE.
FATHER BRUTTO LIVED ON THOMAS LANE, JUST UP OLD ARMY ROAD FROM THE NURSERY.
I PURCHASED FERTILIZER, PLANT, BOAT, REPELLENT AND SAND FOR SANDBOXES.
TO MY RECOLLEC RECOLLECTION, ALL OF THESE PRODUCTS WERE INSIDE THE STORE.
WHAT WAS OUTSIDE WAS A SMALL PILE OF TOP TOPSOIL AT THE OLD ARMY CORNER OF THE PROPERTY.
I DO NOT REMEMBER ANY LONG FURNITURE BEING DISPLAYED OR STORED OUTSIDE.
I DON'T EVEN REMEMBER LONG FURNITURE.
PERIOD FOR SHADOWS WAS A NURSERY.
WHEN THE PROPERTY WAS SOLD TO PATIO.COM PATIO, IT APPEARED TO SEVERAL RESIDENTS THAT IN ORDER TO AFFECT THE SALE, ONE OF THE BRUTO BROTHERS FABRICATED THE TALE THAT THE BUSINESS HAD ALWAYS DISPLAYED AND SOLD LAWN FURNITURE OUTSIDE.
AMAZING HOW MY LATE HUSBAND AND I WHO LIVES STEPS FROM THE NURSERY AND AND WHO TRADED WITH THE BRITOS DIDN'T REMEMBER OUTSIDE DISPLAY AND STORAGE OF FURNITURE.
JUST LIKE I DON'T RECOGNIZE SOME OF THE PICTURES THAT THE APPLICANT HAS SUBMITTED SHOWING DECORATIVE FENDING FENCING PANELS ON TOP OF THE SITTING WALL.
HOWEVER, I DO VAGUELY REMEMBER A PORT CASE ABOUT THE OUTSIDE SALES PATIO DOT COM'S.
OUTSIDE DISPLAYS WERE ALWAYS A MESS.
THE FURNITURE LOOKED DIRTY, THE DISPLAY AREA LOOKED WEED INFESTED FREQUENTLY.
HUGE CARDBOARD BOXES WERE OUTSIDE AWAITING TRASH REMOVAL.
SAD TO SAY, BUT WHEN I SAW THEIR NEW YORK STORE SEVERAL YEARS AGO, IT WAS NOT MUCH BETTER.
FROM WHAT I HAVE SEEN OF THE PLANS, THE NEIGHBORHOOD WILL BE GETTING AN OVERCROWDED PIECE OF PROPERTY WITH SIMILAR ISSUES AS BEFORE THE STORE HAS BEEN CLOSED AT LEAST 18 MONTHS.
I GO THROUGH THAT INTERSECTION AT LEAST TWICE A WEEK, TWICE A DAY, INCLUDING WEEKENDS.
I HAVE NOT SEEN ANY EVIDENCE OF PEOPLE, SALES, CARS, TRUCKS, ANYONE DOING BUSINESS AT THAT LOCATION.
IS THIS GOING TO BE MORE MAKE BELIEVE? ARE THE CONNECTIONS GOING TO TELL THE ZBA THAT THE CONNECTIONS WANT THE BOARD WANT THE BOARD TO HEAR RATHER, RATHER THAN THE FACTS? YOU KNOW, THESE CURRENT PICTURES OF THE PATIO.COM LOOK LIKE SOMEONE STAGED THE YARD FOR PICTURES AS A REALTOR MIGHT DO TO SELL A HOUSE, WHAT BENEFIT DOES THE TOWN DERIVE FROM GRANTING THE VARIANCES FOR OUTSIDE DISPLAY? WHAT BENEFIT ACCRUES TO THE NEIGHBORHOOD OR TO GREENBERG RESIDENCE? OTHER FURNITURE STORES ON CENTRAL AVENUE MANAGED TO DISPLAY THEIR WARES INSIDE THE BUILDING IF THE MERCHANDISE HAS TO BE STORED OR DISPLAYED OUTSIDE.
DID ANYONE THINK THAT MAYBE THE PRESENT LOCATION IS TOO SMALL? I AM THOROUGHLY OPPOSED TO GRANTING ANY VARIANCES OUTSIDE DISPLAY AND STORAGE IS NOT A PERMITTED USE.
GRANTING THESE VARIANCES WILL FURTHER ERODE THE ZONING CODE TO CONTEMPLATE THE CAN OF WORMS THAT GRANTING THESE VARIANCES WILL BRING THE TOWN IS OVERWHELMING ONCE THIS PRECEDENT IS SET.
HOW DOES THE ZONING BOARD DENY ANY OTHER RETAIL ESTABLISHMENT FROM USING ITS OUTDOOR SPACE FOR DISPLAY IN STORAGE? THE TOWN DOES NOT NEED ANOTHER CROSSROADS OUT OF RESPECT FOR THE NEIGHBORHOOD AND IT'S IN ENVIRON.
PLEASE DO NOT GRANT THESE VARIANCES.
ANY OTHER QUESTIONS FROM THE BOARD AT THIS POINT?
[02:40:01]
I'LL, I'LL GIVE YOU FIVE MINUTES.
I THINK YOU ALSO HAVE, I THINK MR. BOWDEN WANTS TO SPEAK.
LET ME SEE MR. BOWDEN FOR A MINUTE.
MY COMMENTS WILL BE LESS THAN 10 MINUTES.
GOOGLE SEARCHES ARE POWERED BY ARTIFICIAL INTELLIGENCE.
YOU'RE GONNA GET THE SAME ANSWER NO MATTER HOW YOU PHRASE IT.
IT'S NOT WELL KNOWN THAT ALL THE SEARCH ENGINES ARE NOW POWERED BY ARTIFICIAL INTELLIGENCE.
UM, MADAM CHAIR, I JUST, I I WANNA RESPOND TO A COUPLE OF THINGS, UM, FROM MS. OSHA AND, AND THEN, UH, LIZ'S COMMENTS, UH, I'LL BE FAIRLY BRIEF, BUT I WANNA MAKE SURE THAT YOU AND AND THE RECORD GET IT.
UM, THERE WERE COMMENTS ABOUT BRUTO AND, AND WHAT WAS STORED THERE.
I'M TOLD THEY HAD LAWNMOWERS, WHEELBARROWS, PLANTS AND FLOWERS.
ALL I'VE GOT OBJECTIVELY ARE PHOTOGRAPHS OF THEIR OPERATION THAT CLEARLY INDICATE, AND I'M GONNA SUBMIT THEM NOW FOR THE RECORD, THE RECORD REFLECT THAT I'M USING ONE TE KEIRA FOR THE FILE.
MM-HMM,
AND I AM TOLD THAT THESE TABLES NORMALLY IN SEASON IN THIS PHOTOGRAPH, AS YOU CAN SEE ON THE TOP RIGHT, IS TAKEN IN THE FALL, IT'S PROBABLY NOT IN SEASON.
UM, THEY WOULD'VE HAD AN OUTDOOR DISPLAY OF THEIR MATERIALS.
I WANT TO CORRECT A STATEMENT OR AN IMPLICATION IN ORDER TO BE A PRE-EXISTING NON-CONFORMING USE.
I DON'T HAVE TO SHOW THAT SOMEBODY ELSE WAS STORING OUTDOOR FURNITURE.
THAT I HAVE TO SHOW THAT THERE WAS OUTDOOR STORAGE AND UTILIZATION FOR DISPLAY, ET CETERA.
SO WHETHER THEY WERE DISPLAYING LAWNMOWERS, PLANTS, UH, WHEELBARROWS OR GARDEN PLANTS AND EQUIPMENT, IT'S OUTDOOR STORAGE.
THAT'S THE LEGAL USE THAT WE'RE TALKING ABOUT.
AND SPEAKING OF USE VERSUS USER, UM, MAYBE I RECOLLECT INCORRECTLY, BUT LIZ, I THINK IN FEBRUARY WHEN WE SPOKE WITH EACH OTHER A COUPLE OF TIMES, YOU ACTUALLY SAID RIGHT TO ME, DAVID, WHAT HAPPENED TO BEST YOU, YOU WERE THE ONE WHO TOLD ME THE NAME THE FIRST TIME.
I'D NEVER HEARD IT BEST IN BACKYARD.
APPARENTLY THERE WAS A LEASE SIGNED BETWEEN BEST IN BACKYARD, BEST IN BACKYARDS WITH MY CLIENT.
AND THEY WERE POTENTIALLY GOING TO COME ONTO THE PROPERTY AND USE THE PROPERTY.
AND I GATHER, WE GATHER THAT THEY HAD CONTACT DIRECTLY.
AND I THINK YOU EVEN TOLD ME, LIZ, THAT THEY HAD CONTACT WITH THE BUILDING DEPARTMENT.
I DON'T KNOW WHETHER THEY WERE POTENTIALLY GOING TO CHANGE THE NON-CONFORMING USE IF YOU'VE GOT THEM DOING POOLS AND STUFF.
BUT THE FACT THAT SOMEBODY ELSE FILED APPLICATIONS AND MAY HAVE HAD SOME ISSUES WITH THE BUILDING DEPARTMENT, THERE'S NOTHING ILLEGAL, UNLAWFUL, IMPROPER THAT DIDN'T HAPPEN.
IN FACT, BEST IN BACKYARDS PULLED OUT OF THEIR LEASE TO COME INTO THE TOWN OF GREENBURG BECAUSE OF THE ACTIONS THAT THEY WITNESSED WITH THE BUILDING DEPARTMENT IN TERMS OF THE STOP WORK ORDER AND THE NOTICE OF DISCONTINUANCE.
AND THEY WERE LIKE, WE'RE OUTTA HERE.
AND THAT IS WHEN I GOT MY PHONE CALL FROM DAVE ROSS ON FEBRUARY 19TH.
AND THE FIRST THING I DID WAS PICK UP THE PHONE AND CALL GARRETT AND LIZ AND ASK TO SPEAK TO THEM.
UM, I WANT YOU TO JUST VERY BRIEFLY ADDRESS THE ISSUE.
SOMEBODY RAISED A QUESTION ABOUT EMPLOYEES AND, AND I JUST WANT WERE PLEASE JUST ADDRESS YOUR RECORDS ON THE EMPLOYEES.
HI DAVE ROSS AGAIN, WHERE THOSE EMPLOYEES WERE WORKING.
SO TANYA BLACK WAS WORKING IN THE STORE.
MOST OF OUR STORES HAVE ONE OR TWO EMPLOYEES.
WE'RE NOT A VERY CUSTOMER INTENSE STORE.
IF WE HAVE TWO CARS PULL UP AT ONCE, IT'S A LOT.
IF WE HAVE TWO CUSTOMERS AT ONCE DURING THE WEEK, IT'S USUALLY ONE MAXIMUM.
UM, AND, UM, THE, UM, EMPLOYEE WORKED IN THE SCARSDALE
[02:45:01]
STORE AND SHE DIDN'T HAVE A CAR.AND I'M SORRY SHE DIDN'T HAVE A CAR, BUT WE HAD TWO HIRES THAT DIDN'T HAVE A CAR.
THEY TOOK THE BUS AND THEY UBERED ONE IN THAT STORE AND ONE IN ANOTHER STORE.
BUT WE TRY AND MAKE EVERY ACCOMMODATIONS FOR PEOPLE WHO DON'T HAVE A CAR AND CAN'T GET TO WORK BY CAR.
UM, I, UM, MEAN NO DISRESPECT IN THE LEAST TO MY, TO MY FRIEND LIZ GARRITY.
I WANNA JUST STATE FOR THE RECORD THAT SHE DID NOT TAKE AN OPPORTUNITY TO DEFEND THE MAY 10 MEMO, DESPITE MY COMMENTS ABOUT IT'S WHY IT IS SPECIOUS AND IN INCORRECT.
SO I'M GOING TO SUBMIT FOR THE RECORD THAT IT APPEARS THAT THE BUILDING DEPARTMENT MAY NO LONGER BE CLAIMING THAT THE NON-CONFORMING USE ARGUMENT IS TIME BARRED IN LIGHT OF THE FACT THAT THE INCORRECT SECTION WAS CITED.
THE THE ACTUAL OWNER WAS NOT IDENTIFIED.
AND THERE WERE A SERIES OF INTERACTIONS BETWEEN ME, MY OFFICE, THE TOWN, AND THREE DIFFERENT DENIAL LETTERS, WHICH WE CLEARLY RESPONDED TO IN A TIMELY FASHION.
SO I, I'M NOT GONNA BELABOR THAT, BUT I WANT THE RECORD TO REFLECT THAT THERE WAS NO COMMENT FROM THE BUILDING DEPARTMENT TO SUBSTANTIATE THE CONTENTIONS MADE IN THE RATHER SURPRISING MAY 10 MEMO.
UM, WE TALKED ABOUT BEST IN BACKYARDS COMPLAINTS.
IF THERE ARE COMPLAINTS, UM, ESPECIALLY COMPLAINTS, MADAM CHAIR, MEMBERS OF THE BOARD THAT I CAN MAKE SURE AND FORGET ME, MY CLIENT CAN MAKE SURE GET ADDRESSED IF THEY WOULD BE SHARED WITH US.
AGAIN, WE HAVE OFFERED CONDITIONS ASSOCIATED EITHER WITH THE NON-CONFORMING USE DETERMINATION, WHICH I THINK YOU CAN GRANT OR THE AREA VARIANCES, WHICH I ABSOLUTELY THINK YOU CAN GRANT, WE'RE PREPARED TO ADDRESS IN CONDITIONS LEGITIMATE COMPLAINTS THAT THAT, THAT YOU ALL CONCLUDE THE TOWN HAS RECEIVED.
I DON'T KNOW IF THOSE YOU QUESTIONED ABOUT THEM, BUT I DON'T KNOW IF ANY OF THEM ARE IN THE RECORD OTHER THAN, UM, AND I, IF I KNEW WHAT THEY WERE, UM, I I WOULD DEFINITELY TURN TO MR. ROSS AND SAY, CAN YOU ADDRESS THEM? 'CAUSE I WOULD LIKE TO SEE, AND I SAID IT, I'LL REPEAT IT, A OUTDOOR PATIO FURNITURE FACILITY AND RETAIL BUSINESS THAT YOU ALL AND EVERYONE IN THE TOWN CAN AND SHOULD BE PROUD OF.
I BELIEVE YOU HAVE, UM, SOMEONE BEFORE YOU THAT WANTS TO IMPLEMENT THAT.
UM, AND THAT'S WHY WE'RE HERE.
SO, CAN I ASK A QUESTION? PLEASE? HOW DOES PATIO.COM DO ITS BUSINESS TODAY, DAVE? AS OF DECEMBER 4TH, WE, WE GOT, WHEN WE GOT THE STOP WORK ORDER, WE CAN'T, WE STOPPED WORK THERE AND WE DIDN'T ALLOW ANYONE THERE.
'CAUSE WE'RE NOT ALLOWED TO FINISH THE WORK.
SO AS OF DECEMBER 4TH, THAT'S NOT WE'RE WE'RE SELLING.
THAT'S NOT THE QUESTION I'M ASKING.
MR.
THE MAJORITY OF OUR SALES ARE ACTUALLY DONE IN PERSON IN OUR STORES.
SO EVEN THOUGH WE'RE NAMED OF THE COMPANY AS PATIO.COM, THE MAJORITY OF OUR CUSTOMERS INTERACT IN THE STORE.
SO THEY MIGHT TEXT AN EMPLOYEE, THEY MIGHT COME IN, THEY MIGHT COME IN, THEN TEXT COME IN, THEN ORDER ONLINE.
SO THEY COME ORDER, COME AND GENERALLY DO THEIR BUSINESS IN THE STORE, CORRECT.
YOU PROVE THAT THE MAJORITY OF OUR TRANSACTIONS ARE GOING ON.
DO YOU HAVE DATA TO PROVE THAT STATEMENT? YEAH, WE DO.
WE'RE, UM, THE, OUR GOODS TEND TO BE MORE THE HIGHER END, UH, GOODS AND CONSUMERS TEND TO SPEND MORE THAN THE AVERAGE.
AND IT'S DONE IN PERSON BY DOLLARS.
A HUGE MAJORITY IN PERSON, BUT BY QUANTITY STILL A MAJORITY IN PERSON.
WHY, WHY? YOU EXPLAINED TO ME
UH, 'CAUSE PEOPLE WANNA SIT ON A CHAIR.
PEOPLE WANT TO SIT ON A SHE LOUNGE.
YOU CAN ORDER ONLINE STUFF FROM AMAZON.
BUT IN TERMS OF QUALITY, HIGH END OUTDOOR FURNITURE, PEOPLE GENERALLY LIKE TO LOOK AT THE FABRICS AND SIT ON THE CHAIRS.
SO UNLIKE FRONT GATES WHERE YOU CAN LOOK AT PRODUCT ONLINE GENERALLY, YOU KNOW, HIGH QUALITY, UH, PRETTY EXPENSIVE STUFF.
UM, AND I'M, I'M, I KNOW FRONT GATE DOES SOME PRETTY GOOD DO BUSINESS.
UM, AND I KNOW THAT PATIO.COM DOES SOME GOOD BUSINESS.
I'VE GOT MOST OF MY TEAK FURNITURE FROM THEM.
AND I DID IT INSIDE THE STORE BECAUSE WHEN I WENT THERE, THERE WASN'T REALLY THAT MUCH TO DISPLAY ON THE OUTSIDE.
SO YOU SAID YOU WANTED TO HEAR WHAT WE WOULD SAY AMONGST OURSELVES
[02:50:01]
DURING OUR DELIBERATION.THAT'S GOING TO BE ONE OF MY COMMENTS IS THAT I'M NOT SURE I UNDERSTAND WHY YOU NEED TO HAVE PRODUCT DISPLAYED OUTDOORS WHEN IN FACT THERE ARE PLENTY OF OTHER, UM, OUTDOOR FURNITURE COMPANIES WHO DO SO ONLINE AND DO NOT NEED TO HAVE A LARGE DISPLAY OUTDOORS.
NOT TO MENTION YOU HAVE INDOOR DISPLAY SPACE.
SO, BECAUSE WHEN YOU SELL SOMETHING, AND I DIDN'T MEAN TO INTERRUPT, BUT IT'S USUALLY YOU ORDER SOMETHING AND THEN IT HAS TO COME FROM SOMEWHERE.
IT COMES FROM STANFORD, CONNECTICUT EXECUTION.
ONE OF THEIR LOCATED IN CONNECTICUT.
BECAUSE THAT'S HOW I GOT MY FURNITURE.
I, OR I LOOKED AT IT, I SAW IT, MY WIFE AND I LOVED IT.
WE ORDERED IT AND WE HAD TO WAIT, UH, A WEEK OR SO.
AND THIS WAS 12 OR 15 YEARS AGO.
SO I DON'T SEE AGAIN THE NEED FOR, UM, THE OUTDOOR FURNITURE DISPLAY.
'CAUSE THAT'S NOT WHAT MADE US GO THERE TO BEGIN WITH.
UM, THAT'S A VERY, YOUR EXPERIENCE IS VERY COMMON AND THAT'S HOW MOST PEOPLE BUY.
AND THE MAJORITY IS BOUGHT THAT WAY.
ALL OF OUR STORES HAVE OUTDOOR DISPLAY.
ALL OF OUR STORES HAVE OUTDOOR, UM, AREAS FOR STORAGE AND DISPLAY.
WE BOUGHT THIS PROPERTY IN 1999, AND I TOOK THOSE PICTURES AND THERE WERE ACTUALLY LAWNMOWERS AND WHEELBARROWS AND, AND OH, OKAY.
UM, WE DON'T NEED TO HEAR THAT AGAIN.
BUT, SO, UM, DOES ANYONE ELSE HAVE ANY OTHER QUESTIONS? I THINK WE'VE HEARD ENOUGH.
ONE LAST COMMENT AND I'M, AND I'LL SIT DOWN.
UM, MR. CRITCHLOW, UM, I I JUST WANNA STATE, UM, WE DON'T NEED TO DEMONSTRATE NEED.
THAT'S NOT PART OF THE LEGAL STANDARD FOR THE CONTINUATION OF THE PRE-EXISTING NON-CONFORMING USE, NOR IS IT PART OF THE LEGAL STANDARD FOR THE AREA OF VARIANCE.
I APPRECIATE YOUR COMMENT THAT, UM, YOU AS A CONSUMER, DON'T THINK THAT THIS RETAILER IN YOUR TOWN NEEDS TO HAVE THIS, BUT THE LEGAL ISSUE BEFORE YOU IS THE ZONING BOARD OF APPEALS IS WHETHER THERE WAS AN ABANDONMENT OF THE USE IN ITS ENTIRETY.
NOT WHETHER WE NEEDED IT OR NOT.
AND, UM, ACTUALLY IF YOU READ YOUR LETTERS OF DENIAL FROM THE BUILDING DEPARTMENT, TWO OF THEM SAY SIX MONTHS.
SO THEY WERE VACILLATING ON THE, THE DURATION OF, BUT THAT IS, BUT THAT IS CORRECT.
ANYTHING ELSE FROM ANYBODY? THANK YOU ALL.
WE'RE GONNA TAKE A BREAK VERY SHORTLY.
RECORDING STOPPED THE DECISION ON 2314.
DO WE NEED YOUR MICS ON? ANY QUESTIONS? ANY CHANGES? ANY SUGGESTIONS? NO.
I THOUGHT IT WAS PRETTY THOROUGH.
ANY COMMENTS? YOU HIT RECORD RECORDING IN PROGRESS.
SO ARE THERE ANY COMMENTS WITH RESPECT TO, UM, 2314 OTHER THAN THE FACT THAT, UM, THIS CONNECT SAID THAT, UH, SHE FELT IT WAS PRETTY, WHAT WAS THE, HOW DID YOU SAY IT? NO, I THINK IT WAS LITTLE.
DID YOU SAY IT? SAY WHAT? OH, THOROUGH.
SOMEBODY SAID IT WAS THOROUGH.
OH, I I PROMISE YOU IT WAS NOT.
WHAT CAN I TELL YOU? WE'VE BEEN AROUND EACH OTHER A LOT.
SO, UM, THOROUGH IS THE WORD I USE.
ALL RIGHT, YOU GUYS, I KNOW YOU'RE TIRED NOW,
SO LET'S MOVE ON TO, UH, CHICK-FIL-A.
WHAT AT THIS POINT DO WE NEED TO GET FROM THEM BASED UPON WHAT WE'VE HEARD THIS EVENING? ARE WE SATISFIED WITH WHAT THE, UM,
[02:55:01]
ARE, UM, I THINK, THINK ANY, HE ADDRESSED MOST OF 'EM.BUT, UM, THE COMMUNITY GROUP THAT SPOKE, LISTED A LIST OF VARIANCES THAT THEY SHOULD REQUIRE OR ANY OF, I MEAN, DO WE NEED TO GO BACK AND CHECK THAT OUT? OR WE ARE SATISFIED THAT THEY'RE, THEY HAVE ALL THE VARIANCES THAT THEY, OR THEY'RE ASKING FOR ALL THE ONES THEY NEED BEFORE YOU, AN BEFORE YOU ANSWER THAT, WOULD THOSE, SO YOU, TO YOUR KNOWLEDGE, YOU SHOULD HAVE ASKED THAT BEFORE.
WERE THOSE GIVEN TO THE PLANNING BOARD OR NO? I DON'T BELIEVE SO.
I THINK THEY WERE IDENTIFIED MORE RECENTLY WITH THE CORRESPONDENCE.
UM, WELL, CERTAINLY I WAS TAKING NOTES AS THEY WERE MAKING THE CITATIONS.
UM, THERE WERE SOME THAT, UM, YOU KNOW, AND OBVIOUSLY THIS IS GERMANE TO THE BUILDING DEPARTMENT, BUT THE BORDERLINE BETWEEN THE TOWN OF GREENBURG AND THE CITY OF WHITE PLAINS, UM, YOU DON'T PULL THE, THE, THE DISTANCES FROM THAT BORDERLINE YOU TREAT WITH THE SITE AS A WHOLE.
UM, SO THAT HAS TRADITIONALLY BEEN DONE.
SO I DON'T THINK THERE IS ANYTHING MISSING THERE IN TERMS OF VARIANCES.
UH, THE SITE SIZE, UH, YES, IT IS, UH, UNDER 80,000.
BUT, UM, PER THE BUILDING INSPECTOR DETERMINATION, THERE WAS, UM, AN ALLOWANCE FOR THAT UNDERSIZED LOT.
IT ACTUALLY, I KNOW THE, UM, APPLICANT'S ATTORNEY INDICATED, UM, NEW YORK STATE DOT RIGHT OF WAY AREA THAT WAS, UM, TAKEN THAT CONTRIBUTED TO, UM, THE, THE DETERMINATION THAT THE SITE'S, UM, ACCEPTABLE IN TERMS OF SIZE.
BUT ACTUALLY IT'S A DIFFERENT SECTION OF THE CODE AS CITED BY THE BUILDING INSPECTOR, UM, THAT ALLOWS SITES THAT ARE UP TO 50% OF THE SITE SIZE TO BE ADEQUATE UNDER CERTAIN SCENARIOS THAT MEET THE CODE.
SO THAT'S, THAT'S WHERE THAT CAME FROM.
SO, UM, THERE ARE A SERIES OF BUFFERS WITH REGARD TO LANDSCAPING THAT I BELIEVE THE PLANNING BOARD HAS APPROVAL AUTHORITY OVER.
UM, BUT I, I, I, I GUESS THE QUESTION, UM, LIZ, DID YOU IDENTIFY ANYTHING THAT WAS, WAS STATED THERE BY THE, UM, CGCA COMMENTS THAT YOU FEEL YOU NEED TIME TO DOUBLE CHECK? I THINK A LOT OF IT, UM, HAS TO DO WITH THE TREATING THAT LOT SEPARATELY FROM CONTIGUOUS WITH THE WHITE PLAINS LOT AND THE INTERPRETATION THAT FORMER BUILDING INSPECTOR ROBERT DIM HAD MADE.
UM, I JUST GOT A COPY OF THE LETTER FROM, UM, MRS. PRIZER, UM, I'M JUST RUNNING THROUGH IT VERY QUICKLY.
IF YOU GIVE ME A MINUTE, I'LL JUST FINISH RUNNING THROUGH IT TO MAKE SURE THAT ALL OF HER COMMENTS AND, UH, MADELON'S COMMENTS.
SO WE'LL, WE'LL, WE'LL CONTINUE TO EVALUATE THAT AS WE, UM, LISTEN TO YOUR COMMENTS.
WELL, I, I WOULD HAVE TO, MAYBE I'M MAKING, UH, A WRONG ASSUMPTION, BUT I WOULD ASSUME THAT BY THE TIME YOU GO THROUGH THE PLANNING BOARD, ALL POSSIBLE VARIANCES ARE LOOKED UPON ALREADY BEFORE THEY GET TO THE ZBA.
AND COULD THERE POSSIBLY BE MORE, UM, VARIANCES THAT ARE REQUIRED? YEAH, THERE, THERE IS A COMPREHENSIVE EVALUATION, EACH CHECKPOINT WHERE A NEW SUBMISSION IS RECEIVED.
UM, THE PRIOR TO THIS MONTH'S MEETING, IT WAS IDENTIFIED THAT THAT, UM, ENCLOSURE FOR THE GARBAGE WAS, WAS A NECESSARY VARIANCE.
UM, SO THERE IS THE, THERE POSSIBILITY.
I MEAN, THERE MAY BE SOME MORE.
IT'S, IT'S OKAY FOR SOMEONE TO SUGGEST THAT PERHAPS THERE WAS SOMETHING MISSED AND, YOU KNOW, IT SHOULD BE LOOKED AT.
UM, AND UNFORTUNATELY, UM, WE, WE, WE HEARD THESE COMMENTS TONIGHT ON THE FLY, SO, UM, IT'S, IT'S DIFFICULT TO DEFINITIVELY SAY, UM, ONE WAY OR THE OTHER, BUT WE'LL DO OUR BEST AND SOMETHING COMES UP AS A RED FLAG, WE WILL, YOU KNOW, LET YOU KNOW.
WELL, I'M, I AM AT LEAST ONE WHO, UM, DOESN'T BELIEVE THAT THE QUANTITY OF VARIANCES DETERMINES WHETHER OR NOT, UH, AN APPLICATION SHOULD BE APPROVED OR DENIED.
UM, AND ESPECIALLY BECAUSE OF THE ODD SIZE OF THIS PROPERTY AND THE OTHER CIRCUMSTANCES, UM, LIKE BEING AN ISLAND PROPERTY, UM, WHAT SHOULD BE CONSIDERED THE FRONT YARD VERSUS THE REAR YARD OR SIDE YARDS.
UM, ALL OF THOSE HAVE COME INTO PLAY IN TERMS OF THE NUMBER OF VARIANCES THAT ARE BEING APPLIED FOR.
[03:00:02]
UM, I'M MORE INTERESTED IN DETERMINING WHETHER OR NOT THIS IS GOING TO BE A BUSINESS THAT'S GOING TO, UH, SURVIVE THERE, BE GOOD FOR THE NEIGHBORHOOD, NOT CREATE PROBLEMS FOR THE NEIGHBORHOOD.MM-HMM,
DETRIMENT, IS THAT THE TERM? MM-HMM.
UM, THAT'S WHAT I AM HERE TO TRY AND CONSIDER.
UM, BECAUSE AS LONG AS I'VE LIVED IN THIS NEIGHBORHOOD, THERE'S BEEN THREE OR MAYBE FOUR BUSINESSES AT THAT LOCATION.
UH, WAS IT CONRAD? WHAT WAS THE NAME OF THE, THE STORE THAT WAS THERE BEFORE CVS? I ONLY KNOW CVS BEFORE CVS? NO, BEFORE STAPLES, UH, I COMPUTER STORE THERE.
OH, SO BEFORE COMP SA YEAH, COMP SA BEFORE THAT AT THE RESTAURANT THAT WAS THERE, THAT BURNED DOWN WHAT THE RESTAURANT RA NOTES THAT THERE WAS A GROUND ROUND ON THE SITE MANY, MANY YEARS AGO.
REALLY? YOU COULD TAKE YOUR KIDS THERE AND THEIR MEAL WOULD BE WHATEVER THEY WAIT,
THERE WAS A A, OH, THAT WAS A COMPUTER STORE, A STORE THERE.
WHERE YOU A COMPUTER? FURNITURE? NO, BEFORE COMP USA.
OH, THERE WAS A, OH, I LOVE THAT STORE.
IT, WAS IT CONRAD'S? UH, NO, IT WAS A SWEDISH STORE.
BUT ANYWAY, THAT'S IRRELEVANT.
THE POINT IS, THERE HAVE BEEN A NUMBER OF BUSINESSES AT THIS ONE LOCATION.
AND I WOULD REALLY LIKE TO APPROVE A BUSINESS THAT WOULD BE ABLE TO SURVIVE AND THRIVE AND NOT TO THE DETRIMENT OF THE NEIGHBORHOOD.
THAT'S WHAT MY CONSIDERATION IS.
ANYONE ELSE? WELL DO, I'M JUST THROWING OUT IDEAS.
THE THINGS THAT THRIVE THESE DAYS ARE EATERIES IT SEEMS, BECAUSE EVERYBODY ELSE IS ORDERING FOOD AND GETTING IT EITHER DELIVERED OR THEY'RE ORDERING EVERYTHING ELSE THAT THEY NEED AND GETTING IT DELIVERED AND DON'T NEED TO GO INTO A STORE
NOW WE'RE IN A DIFFERENT WORLD NOW.
I THINK THE BUSINESS WILL THRIVE FOR SURE.
I, YOU KNOW, HOW IT'S GOING TO AFFECT THE, IF POPEYE'S CAN GET BY AND BURGER KING AND MCDONALD'S ALL THESE YEARS, PLEASE.
I THINK IT'LL BE CHALLENGING WHEN IT FIRST OPENS AND THEN I THINK IT'LL DIE DOWN AND BE FINE.
AND I THINK, I'M NOT A TRAFFIC ENGINEER, BUT I THINK THAT ANY OPPORTUNITY TO IMPROVE THAT INTERSECTION WOULD ALSO BE TO THE BENEFIT OF THE NEIGHBORHOOD.
SO, UM, SOME OF THE THINGS THAT THEY ARE PROPOSING TO DO THERE, I THINK ARE GOING TO BE, UM, BENEFICIAL.
UM, BECAUSE NO ONE HAS DONE ANYTHING TO THAT INTERSECTION FOR THE LAST 35 YEARS.
AND IF THEY CAN DO SOMETHING NOW TO IMPROVE IT, UM, AND HAVE SOMEBODY ELSE PAY FOR IT, THAT'S A GREAT THING.
WELL, THEY FIXED THE LIGHT AND THEN IT, AND THEN IT BROKE MALFUNCTIONED AGAIN.
SO, AND THEN NOBODY DID ANYTHING ABOUT IT.
BECAUSE THEY NEED A NEW LIGHT NOW.
AND THE OTHER REASON IS THAT THERE'S NOTHING OPERATING THERE.
THE WHOLE DYNAMICS OF BOTH THE DELI, THE CVS AS WELL AS THE OTHER BUILDING HAS CHANGED EVEN WHAT'S IN THERE.
I ALSO DON'T THINK THAT WE WOULD BE SETTING A PRECEDENT THAT WOULD BE DIFFICULT TO JUSTIFY IN AS MUCH AS THIS IS SUCH A COMPLICATED SITE THAT WE CAN'T THEREFORE JUST SAY, WELL, BECAUSE WE GRANTED 14 VARIANCES FOR THIS APPLICATION, THEREFORE ANY OTHER, UH, APPLICANT THAT COMES IN FRONT OF THIS BOARD, WE SHOULD AUTOMATICALLY APPROVE IT BECAUSE WE DID SO FOR CHICK-FIL-A SO, I, I TRULY AGREE WITH THE, UH, CFAS, WAS IT THEIR ATTORNEY WHO STATED THAT THE, UM, REASONS FOR
[03:05:04]
THE REASONS FOR, UM, JUSTIFYING THESE NUMBER OF, UH, UM, VARIANCES DOES NOT MAKE, MAKE IT NECESSARY FOR US TO APPROVE OTHER VARIANCES IN THE FUTURE.I, SORRY, I JUST HAD A, LOST MY TRAIN OF THOUGHT.
HMM? I SAID WE WERE HANGING OUT WITH MAURY.
SO COMMENTS ELSE? NO, I, I MEAN, I AGREE WITH WHAT WAS SAID.
UM, I, I ALSO THINK IT, UM, YOU KNOW, IF SOMEBODY CAME IN AND USED THE EXISTING BUILDING AS IT IS TODAY, LIKE THEY'RE ACTUALLY IMPROVING ON WHAT'S THERE WITH REGARD TO LIMITING OR REDUCING THE VARIANCES THAT ARE EXIST TODAY.
UM, AND I THINK SOME OF THE VARIANCES, LIKE, YOU KNOW, IF YOU'RE ON AN ISLAND, YOU KNOW, AND YOU'RE TRYING TO REDUCE VISIBILITY OF THINGS LIKE GARBAGE AND THINGS LIKE THAT, UM, YOU KIND OF HAVE TO LOOK AT WHERE IT'S BEST SUITED FOR PLACEMENT AND THINGS LIKE THAT VERSUS, YOU KNOW, UM, JUST FOLLOWING THE GUIDANCE, YOU KNOW, I MEAN, UM, AND PUTTING IT IN THE BACK, WHICH IS RIGHT ADJACENT TO TERRYTOWN ROAD.
SO I THINK THERE'S A LOT OF THOUGHT THAT WENT INTO THESE PLANS ALSO, UM, FROM A SITE PLAN POINT OF VIEW, I'M SORRY, I DIDN'T HEAR YOU FROM ONE, FROM A SITE PLAN POINT OF VIEW, UH, I BELIEVE THAT THE, UH, PLANNING BOARD DID A VERY GOOD JOB.
I WON'T GO SO FAR AS TO SAY AN EXCELLENT JOB,
UM, THAT PLUS THE FACT THAT I HAVEN'T KNOWN MUCH OF A, ABOUT CHICK-FIL-A UNTIL RECENTLY.
AND YOU DON'T HAVE TO GO FAR NOW, BUT, UM, I'VE DONE SOME RESEARCH AND I'VE, I COME TO, I'VE COME TO BELIEVE THAT THEY WOULD END UP BEING A VERY GOOD, UH, NEIGHBORHOOD CITIZEN.
AND THAT THEY, WHEN THEY SAY THEY'RE GOING TO DO SOMETHING, THEY DO IT.
IT'S NOT JUST EMPTY WORDS SAID FOR THE BENEFIT OF, UH, APPROVING THE APPLICATION.
SO I THINK THAT'S ALL MY THOUGHTS.
DID WE GET A RECOMMENDATION FROM THE PLANNING BOARD, GARRETT? YES.
THE, THE, UH, PLANNING BOARD'S RECOMMENDATION WAS A NEUTRAL OH, ON NEUTRAL DETERMINATION.
SO WHERE ARE WE? STR YEAH, I'M GONNA SAY, IS THERE ANYTHING ELSE THAT ANYBODY WANTS TO, YOU WANNA FOLLOW UP WITH THESE, UH, OTHER VARIANCES OR, THAT'S THE ONLY THING THAT WOULD PREVENT ME FROM DOING A STRUGGLE AT THIS POINT IN TIME.
I MEAN, BUT NO, I MEAN, WE CAN STILL DO THE STRAW VOTE, BUT IF ADDITIONAL VARIANCES MAY CHANGE YOUR THOUGHT ABOUT IT.
I MEAN, I DON'T HAVE A PROBLEM.
I JUST WANTED TO, I I JUST DON'T WANT THEM TO HAVE TO COME BACK AND SAY, OH, WE NEED FOUR MORE VARIANCES.
I'M GOING TO, I'M GONNA DEFER.
AFTER OUR LAST MEETING, MY MOTHER CALLED ME BECAUSE SHE LIKES TO WATCH ME SITTING UP ON THIS BOARD EVERY ONCE IN A WHILE.
AND SHE SAYS, YOU CANNOT DO THIS.
SO I THOUGHT EVEN MY MOTHER WOULD BE HERE IN OPPOSITION TONIGHT.
AND I THOUGHT THAT'D BE VERY INTERESTING.
FOR CHICK-FIL-A THAT'S MY MOTHER.
[03:10:01]
MY ONLY CONSIDERATION, LIKE I SAID, UM, YOU MEAN SERIOUSLY? NO, SERIOUSLY.SERIOUSLY, IN ALL SERIOUSNESS, UM, I DO KNOW CHICK-FIL-A UH, FROM HERE DOWN TO ATLANTA, GEORGIA, AND BEYOND.
AND IT IS A BUSINESS, EVEN THOUGH CONTRARY TO WAS SAYING ABOUT THE FAST FOOD RESTAURANT, THERE WAS ISSUE, THERE WAS A, UM, ARTICLE THAT JUST CAME ON BLOOMBERG JUST, UH, ACTUALLY THIS WEEK ABOUT THAT THE, UH, FAST FOOD INDUSTRY LIKE MCDONALD'S AND OTHERS ARE ACTUALLY HAVING AN IMPACT BECAUSE PRICING OF HOW FOODS ARE RIGHT NOW THAT, UM, THEY'RE A LITTLE BIT IN.
I SEEN SOME DIFFICULTY SORT OF TRYING TO DO A WHOLE REPRICING AND REBRANDING OF CERTAIN FOODS, BRINGING BACK $5 MENUS, THINGS OF THAT NATURE.
UM, BUT THIS PARTICULAR ENTITY, I BELIEVE IS KIND OF WEATHERPROOF IN THAT VEIN.
MY ONLY, MY ONLY CONCERN, AS I SAID WOULD BE THE SPILLOVER AND THE MANAGEMENT THEREOF.
UM, 'CAUSE AS IT IS WITH GRADUATIONS AT THE COUNTY CENTER AND OTHER THINGS THAT TIE UP ONE 19, I JUST WOULDN'T WANNA ADD ANYTHING TO THE CONGESTION OF IT.
AND EVEN TRAVELING TODAY FROM KATONAH BACK DOWN HERE AND MOVING AROUND THROUGHOUT THE COUNTY, JUST TODAY ALONE.
AND OBVIOUSLY THAT'S NOT AN ONGOING THING THAT SHOULD HAPPEN, BUT I KNOW TRAFFIC WAS SNARLED THROUGHOUT WESTCHESTER.
UM, AND IT WOULD BE A GAMBLE IN MY HUMBLE OPINION AS TO HOW ACTUALLY THE TRAFFIC IS MITIGATED.
UM, I AM INTRIGUED BY THE FACT THAT THE PLAN THEY'RE PRESENTING IN MY PAROCHIAL PERSPECTIVE IS EXACTLY WHAT DID HAPPEN IN NORWALK.
THAT THAT CHANGE OF GOING TO A TWO CAR QUEUE AND ALL OF THAT, HAVING THE ATTENDANCE THERE, IT, IT, IT CHANGED WHAT IT USED TO LOOK LIKE.
UM, I'M VERY FAMILIAR WITH THAT INTERSECTION 'CAUSE I HAVE TWO KIDS THAT PLAY A LOT OF SPORTS, ACTUALLY THREE.
AND THAT'S ONE OF THE FEW D***S.
SOMETIMES I HAVE TO GET LACROSSE GEAR, I HAVE TO TRAVEL IF I'M NOT THERE ON LACROSSE UNLIMITED.
UM, SO I AM THERE AND I'VE SEEN THEM IN ACTION.
I'VE SPOKEN WITH SOME OF MY FRIENDS WHO LIVE UP IN DANBURY.
THEY TELL ME THAT, UH, BY THE MALL, THAT THEIR CHICK-FIL-A NEVER CEASES TO HAVE CUSTOMERS.
SO IT'S JUST ONE OF THOSE THINGS THAT I THINK THE IMPACT FOR US IS THE FACT THAT THERE WILL BE THREE IN THAT THIS VICINITY SHOULD MITIGATE.
I WON'T SAY ELIMINATE, BUT FOR THE RECORD I SAID SHOULD MITIGATE THE AMOUNT OF TRAFFIC THAT'S THERE.
BUT I DO BELIEVE EVEN WITH THEIR PLAN, UM, IT'S GONNA BE SOMETHING THAT WE, WE'LL HAVE TO GROW INTO.
BUT I THINK IT WILL STILL BE ULTIMATELY FOR THE BENEFIT OF OKAY.
SO DID, DID, WHEN YOU SAID FOUR, DID YOU AUTOMATICALLY CLASS OR WAS IT THAT MAKES FIVE? I NO, I MEAN BEFORE I DID YOU AND PAULINE SAID ANYTHING, YOU WERE INCLUDING ME IN THAT FOUR.
SO MAYBE THERE COULD BE SOME RECOMMENDATION BECAUSE NOW, NOW THAT YOU'RE TALKING, I'M THINKING BAILEY, THE SCHOOL BAILEY IS RIGHT BEHIND THERE.
SO WITH SCHOOL BUSES COMING, HOW IS THAT GONNA NO, NO.
FURTHER DOWN IT'S STILL DOWN AWAY.
NO, IT'S QUITE, I KNOW IT'S QUITE AWAY.
THERE'S OTHER WAYS TO GET TO BAILEY.
'CAUSE ONCE THEY GET ON 2 87, BAILEY IS RIGHT HERE, WHICH IS ON THE CORNER OF, UH, HILL AVENUE ON ONE 19.
IS THAT GONNA BE A PROBLEM? NO BUS ROUTES? NO.
YEAH, WE SHOULD BE OKAY ON THAT SIDE.
SO WOULD WE CONDITION IT TO, FOR THE TRAFFIC MANAGEMENT, YOU KNOW, PLAN? WELL WE HEARD, DO WE NOT NEED TO DO THAT? 'CAUSE THAT'LL BE, WE HEARD FROM OUR TRAFFIC CONSULTANT TODAY.
THE PLANNING BOARD WOULD BE MAKING CONDITIONS LIKE THAT.
SO ARE WE GOING TO, ARE WE GOING TO DO WHAT? WE'RE GONNA HAVE TO WRITE THAT MM-HMM.
SO, WELL, YOU CAN'T NO, WE CAN'T CLOSE IT.
BECAUSE IF WE'RE GONNA LOOK FOR, IF WE'RE GONNA LOOK TO SEE WHAT ADDITIONAL VARIANCE YEAH.
WHAT THESE OTHER VARIANCES MAY BE, IF THEY HAVE ANY FOR ALL PURPOSES.
ARE THERE ANY OTHERS OR YOU, MR. ATTORNEY? GEEZ, I HAVE TO JUST CLARIFY ONE THING, BUT SHORT OF THAT, I DON'T SEE ANYTHING FURTHER, BUT, OKAY.
MM-HMM,
SO THE, UM, TYPICALLY WHEN RESTAURANTS HAVE SEATING ON THE INSIDE, THEY CAN HAVE SEATING ON THE OUTSIDE.
UM, EVEN THOUGH IT SAYS FULLY ENCLOSED, YOU CAN BRING CHAIRS OUT AND HAVE SEASONAL DINING OUTSIDE.
UM, AS LONG AS YOU'RE NOT INCREASING THE AMOUNT OF TABLES AND CHAIRS AND INCREASING THE OCCUPANT LOAD OF THE SPACE.
[03:15:01]
UM, THE OTHER VARIANCES, UM, THAT ARE IN THE LETTER, I'M JUST GOING THROUGH THEM REALLY QUICKLY AND I, I WOULD LIKE THE OPPORTUNITY TO TAKE THE TIME AND GO THROUGH THEM, BUT, UM, I THINK A LOT OF IT IS GONNA BE ADDRESSED WITH LANDSCAPING, WITH THE PLANNING BOARD AND THE WAIVER THAT THEY'RE SEEKING, UM, THE SETBACKS FROM THE REAR OF THE BUILDING.UM, THAT'S AGAIN, BASED ON ROBERT DAM'S LETTER THAT THEY ARE ENJOYING BOTH PROPERTIES.
UM, SO I THINK A LOT OF THAT HAS BEEN ADDRESSED.
SO YOU'RE SAYING WE SHOULD WAIT ANOTHER MONTH FOR YOU TO CLARIFY SOME OF THOSE ITEMS? I, I WOULD LIKE THAT, PLEASE.
SO WILL THAT STILL BE FOR DECISION OR, AND WE'LL GET YOU ALSO THE TOWN'S TRAFFIC CONSULTANTS REPORT.
THEY HAVE LIKE SIX OR SEVEN AT THE VERY LEAST.
WE'LL, WE'LL GET Y ALL THIS CORRESPONDENCE OR A SUMMARY.
DO YOU HAVE AN EXECUTIVE SUMMARY OF IT OR WHATEVER YOU HAVE.
WHATEVER YOU HAVE THAT WHAT YOU PROVIDE TONIGHT.
I THOUGHT A COUPLE NIGHTS AGO TO TAKE A PHOTOGRAPH.
'CAUSE IT WAS ILLUMINATED IN A NICE RED AND IT WAS CLEARLY VISIBLE FROM THE ROAD.
HOW, HOW DID IT COMPARE WITH WHAT BURGER KING IS PASSED AND JUST A GOOD BUSINESS? WHICH BURGER KING? ELMSFORD BURGER KING.
UM, LOOK, ISN'T IT RIGHT NEXT DOOR TO ANOTHER, IT'S RIGHT NEXT ESTABLISHMENT.
AND IS IT COMPARABLE TO PANERA BREAD? IT'S LARGER CHICK-FIL-A SIGN IS LARGER THAN PANERA BREADS, AS HE SAID, THE WAY THE SEA IS CONSTRUCTED.
AND AS YOU ELOQUENTLY, I JUST DREW IT WITH THE FEATHERS ON TOP.
SO THERE WAS, UH, SOME POIGNANCY TO, TO THE FACT THAT IT'S A DESTINATION AS OPPOSED TO AN ADVERTISEMENT.
THAT'S THAT'S, WELL, I SUPPORT THAT.
I I, I THINK ANYTHING, ANYTHING THAT HAS A PROMINENT POSITION IN WHATEVER THEIR FIELD IS, IS A DESTINATION BECAUSE THEY'RE NOT OUT THERE GLADING TRYING TO GET PEOPLE.
SO COME IN AND TRY THIS OR ME OR TRY THAT.
I THINK THE SIGNAGE IS ADVERTISING.
PEOPLE ARE GONNA DRIVE DOWN THE STREET AND THEY'RE GONNA BE LIKE, OH, LIKE FOR THE FIRST DAY CHICK-FIL-A AND THEY'LL SEE IT.
BUT IF YOU CAN SEE IT FROM THE STREET AND IT'S VISIBLE, FOR ME, THAT'S THE ISSUE.
AND I DIDN'T WANNA BRING IT UP.
STEINS AT THIS POINT FOR THAT POINT OF ADVERTISEMENT, THERE HAVE BEEN OTHERS IN THE LOCAL OF WHERE THIS PARTICULAR ESTABLISHMENT IS THAT HAVE ACTS FOR DUAL SIGNAGE FOR THE REASON, IN TERMS OF THE ANGULATION OF HOW IT ACTUALLY PRESENTS THE ROAD.
SO COMING SOUTH, NORTH TO SOUTH, YOU WOULD NOT SEE IT UNTIL YOU PASS IT, BUT YOU WOULDN'T SEE IT IF THEY MAKE IT BIGGER.
SO, SO TO YOUR POINT, POINT POSITION, THAT'S I'M SAYING.
SO TO YOUR POINT OF ADVERTISEMENT YEAH.
THEN FOR ADVERTISEMENT'S SAKE, HAVING ONE THAT WOULD BE SEEN NORTH, THE SOUTH, NORTH THE SOUTH WOULD BE REQUIRED.
BUT IF IT IS A DESTINATION, KNOWING THAT THAT'S THE LOCALE AND LOCATION OF IT, THEN I'M TRAVELING TO THAT PLACE.
I AM TRAVELING TO THAT PLACE KNOWING THAT IT'S THERE, KNOWING THAT IT'S THERE USUALLY FOR THE SOLE PURPOSE OF GOING THERE.
NOW THIS DOESN'T SAY WHETHER OR NOT THERE'LL BE ANY ADDITIONAL SIGNAGE ON THE YARD SIGN THAT'S THERE, BUT THE STORE ITSELF IN ITS PROXIMITY TO THE ROADWAY AS YOU'RE GOING FROM SOUTH TO NORTH, YOU CANNOT MISS IT.
SO YOU DON'T FEEL THERE'S A NEED TO INCREASE THE SIZE OF THE SEA? NO, IT'S, IT WOULD BE NICE TO HAVE, I JUST DON'T THINK THERE'S A NEED.
I STILL THINK BURGER KING, THIS IS THEIR SIGN AND THEY'RE DOING FINE.
DOES THAT MEANS IT'S BIGGER OR SMALLER? IT'S SIGN ON AS FAR, IT'S THEIR YARD IN OTHER ARE SAYING THAT TO SAY YOU DON'T FEEL THERE'S A NEED TO INCREASE THE SIZE OF THE CEILING.
WELL, LIKE I SAID, AND I, AND I, WHEN, WHEN THEY TALKED ABOUT THE BUILDING IS BIG, AND THEREFORE, YOU KNOW THE SIGN, I, I'M SAYING,
[03:20:01]
HEY, LET'S THINK ABOUT, UM, WHAT'S OUR LITTLE DEALERSHIP AROUND THE CORNER HERE? TESLA.AND DID WE GIVE THEM THIS HUGE SIGN BECAUSE THEY HAVE THIS HUM.
NO, AND THEY'RE FULL EVERY SINGLE FRIGGING DAY.
WE GAVE THOSE SIDES TO, UH, WHICH YOU GUYS GAVE THOSE SIGNS.
AND THEY PUT HIM UP THE NEXT DAY.
CROSSROAD CHOP CENTER WHEN WE GIANT.
BUT OTHER THAN THAN THAT, AS LONG AS IT'S VISIBILITY AND JUST FROM A MARKETING PERSPECTIVE, ANY BRANDING OPPORTUNITY IS MARKETING.
NOW, TO BE HONEST, WE GIVE THEM, UM, A VARIANCE CHICK-FIL-A YOU KNOW, THEN WE GOT CHIPOTLE'S RIGHT NEXT DOOR.
WE GOT THE SUSHI PLACE IN BETWEEN.
THEN PANERA, THEY COOK ALL, AND AND THAT'S A PANERA'S IS SMALLER THAN THEIR'S RIGHT NOW.
SO YES, I'M SAYING DO WE WANNA TAKE A STRAW VOTE AGAINST
NO, WE SHOULD LOOK AT AND ON THE RECORD, I DO LIKE CHICK-FIL-A.
YOU JUST DON'T NEED THEIR C TO BE LARGER.
I, I'LL TEXT OUT PHOTOGRAPHS IF I GO BY TONIGHT.
DO WE WANT, HMM? I DIDN'T HEAR WHAT CHRIS SAID.
THE ONLY THING I WILL SAY IS THAT THE EXTRA ALMOST FOOT TWO FOOT WAS JUST FOR THE ONE LETTER.
IF YOU, OKAY, AGAIN, IF YOU DESIGN YOUR LOGO WITH A GREAT DISCREPANCY IN ONE LETTER, THAT AND THE REST OF 'EM HAVE TO BE SMALL AND YOU NEED TO HAVE OPTIONS FOR YOUR LOGO.
I, LET ME TELL YOU, AND I WAS, I, I WAS THE BRAND LEADER IN MY COMPANY.
AND WHEN SOME, WE WOULD CHANGE THE LOGO PERIODICALLY WITH CIZIK TO FIT ON FOOTBALL JERSEYS TO FIT ON THE SIDE OF BUILDINGS.
'CAUSE YOU HAVE TO DO WHAT YOU HAVE TO DO.
DESIGNERS MIGHT NOT HAVE LOVED IT, IT THE SCRIPT, BUT YEAH.
I MEAN, THEY TOOK THE DOTS OFF THE, OFF THE INTUIT LOGO BECAUSE THEY TOOK UP SO MUCH EXTRA SPACE.
SO WHAT, WHAT WOULD YOU WANT THEM TO DO? LEAVE IT THE WAY IT IS.
THAT'S WHY I ASKED A QUESTION.
THAT'S WHY I THOUGHT THEY GOT, IF IT'S TOO LARGE THE WAY IT IS AND IT FITS IN WITH THE NEIGHBORHOOD.
YOU THOUGHT THEY WERE LEGALIZING, RIGHT? YEAH.
OH, SO THEY WANNA TAKE WHAT THEY HAVE THERE NOW TAKE IT DOWN AND PUT A BIGGER ONE.
AND I DON'T SEE THE NEED FOR IT.
A C YOU CAN GIVE THE C NO, YOU JUST, NOW YOU'RE CONFUSING EVERYONE.
WELL, THEY'RE GONNA MAKE THE WHOLE THING BIGGER.
IT'S JUST THE C IS WHAT? YEAH.
SO ACTUALLY THE VARIANCE IS JUST FOR THE C.
ARE WE ALL IN AGREEMENT? THIS IS SOME, I'M TRYING TO FIGURE THIS OUT.
YOU WANNA DRIVE BY AND LOOK AT IT? NO.
WE GOT THE, I MEAN, WHAT WOULD YOU WANT THEM TO DO? YOU DON'T WANT 'EM TO MAKE IT SMALLER.
THEY DON'T HAVE TO MAKE IT SMALLER.
NO, THEY DON'T HAVE TO ANYBODY.
DOES ANYBODY WANT IT SMALLER? NO, NO, NO.
IT DOESN'T HAVE TO BE SMALLER IS THE RIGHT SIZE.
NOW WHY WOULD WE, DOES ANYBODY, DOES ANYBODY WANT IT BIGGER? NO.
SO WHAT ARE WE TALKING ABOUT? THAT'S WHAT I'D LIKE TO KNOW.
I THOUGHT THAT'S WHAT THE STRUGGLE WAS FOR.
MAYBE I THOUGHT IT WAS TOO, BUT HE GOT KIND OF TWISTED IN THERE.
SOMEHOW SAY, NOW YOU WANT A BIGGER SEAT? NOPE.
SHE'S MAKING GOING CIRCLE THE NEXT SWEET.
WHERE'S TO THE NEXT? ALRIGHT, NOW WE COME TO, WHAT IS IT WE WANT? I, I MEAN, I WANNA KNOW WHAT THE TOWN GOT, AND THIS IS ON 24 0 9.
[03:25:01]
TOWN GOT WITH RE FROM NEIGHBORS WITH REGARD TO THEIR COMPLAINTS AND OVER WHAT PERIOD OF TIME IT COVERED.I MEAN THAT'S, I CAN TELL YOU FROM SOMEBODY WHO I LIVE ACROSS CENTRAL AVENUE, OLD ARMY UP TO UNDERHILL.
THAT, THAT THAT USE HAS BEEN DISCONTINUED.
BASED ON MY OBSERVATIONS OVER THE LAST FOUR YEARS.
I MEAN, I HAVE SLOWLY WASHED THAT BUSINESS.
I MEAN, THEY MOVED ALL OF THE STUFF OUT.
I CAN'T SAY FOR SURE WHEN, BUT IT WAS NOT IN, WHEN THEY STARTED TO PAINT THE INSIDE, THE STUFF INSIDE THE BUILDING HAS BEEN GONE FOR A COUPLE OF YEARS.
THE ONLY STUFF THAT'S LEFT BEING STORED IN THE BACK IS QUITE FRANKLY JUNK.
THAT THEY COULDN'T MOVE TO THEIR STANFORD FACILITY.
I DON'T, CAN'T, YOU KNOW YEAH.
IS STUFF THAT NOBODY ONE IS GONNA BUY BECAUSE IT'S BROKEN.
AND IT WAS LEFT THERE, UM, WHEN IT WAS IN USE AS AN OUTDOOR STORAGE, UM, YOU KNOW, UH, NON-CONFORMING, PERMITTED, NONCONFORMING.
IT ALSO LOOKED LIKE A JUNK YARD.
I MEAN, I'M SORRY, I HATE TO SAY SOUND IT, BUT IT WAS A MESS.
IT WAS REALLY, UM, AN EYESORE.
SO FROM MY POINT OF VIEW, I WOULD AGREE THAT THE USE, THEY, IT HAS BEEN DISCONTINUED THAT THEY WOULD NOW NEED A VARIANCE TO CONTINUE THE OUTDOOR STORAGE AND THE PARKING.
AND I WOULD THEREFORE, UH, DENY THE AREA VARIANCE.
WELL, I WOULD WANNA GET A PLAN.
WE HAVEN'T GOTTEN, WE YEAH, YEAH.
SO, SO I WOULD HAVE SOME OTHER QUESTIONS THOUGH.
THEY SHOWED PICTURES OF 2019 AND I MEAN, YOU KNOW, WE CAN GET INTO THE AESTHETICS OF IT BECAUSE IT'S NOT, I DRIVE BY THERE ALL THE TIME.
BUT, BUT YEAH, IT'S NOT, YOU KNOW, MY OPINION OF THE AESTHETICS IS SIMILAR TO YOURS, BUT IN 2019, IN THE FALL, AND THEY WERE VERY SEASONAL.
THEY USED TO SELL POOL TABLES AND STUFF.
I DON'T KNOW WHEN THAT STOPPED, BUT THEY DID SHOW PICTURES FROM THE FALL OF 2019 WHERE IT WAS THEY WERE DOING BUSINESS, THERE WERE UMBRELLAS, THERE WAS FURNITURE.
THAT'S WHY I SPECIFICALLY ASKED THAT DATE.
WE LITERALLY WENT INTO COVID THAT FOLLOWING SPRING AND HAD, AND WENT INTO LIKE A CYCLE WHERE RETAIL ESTABLISHMENTS COULD NOT BE IN BUSINESS.
YOU KNOW? UM, ARE THERE OTHER BUSINESSES THAT HAD SIMILAR CIRCUMSTANCES? THAT WOULD BE THE REASON WHY I WOULD SAY, YOU KNOW, LIKE HOW LONG WERE THEY ACTUALLY OUT OF BUSINESS, UM, AT, YOU KNOW, DURING THAT TIME BECAUSE OF THAT.
LIKE, ARE THERE, YOU KNOW, IS THERE ANY LEEWAY BECAUSE OF COVID? YOU KNOW, AND ESSENTIALLY FIXING UP THE BUILDING NOW, YOU KNOW, IT LOOKS LIKE THERE'S AN INTENT TO GO BACK INTO BUSINESS.
SO THAT WOULD BE, THAT WOULD BE MY, YOU KNOW, I AGREE WITH YOU THOUGH.
I MEAN, I DRIVE BY THERE ALL THE TIME.
I MEAN, FOR SURE IN 2023 ALONE, THERE HAS BEEN NOTHING GOING ON.
WELL, AND THEY WERE LOOKING TO LEASE IT OUT 23.
WHEN WERE THEY LOOKING TO LEASE THE SPACE OUT? YOU KNOW, THAT THE APPLICATION CAME IN, IN FEBRUARY OF THIS YEAR.
WELL, I, I KNOW I, LIKE I SAID, I BOUGHT MY TEAK FURNITURE FROM THEM.
UM, BUT IT WASN'T SITTING OUTSIDE OF THAT.
IT WASN'T, IT WASN'T SITTING OUTSIDE.
UM, SOME YEARS LATER I WENT BACK TO ADD TO THAT TEAK FURNITURE AND THERE WAS NOBODY TO BE FOUND.
SO APPROXIMATELY WHEN WAS THAT? OH, GEEZ.
IT WAS SIMILAR TO ME THAT HAPPENED.
AND WAS IT SIMILAR TO ME? WAS IT, WHAT TIME OF DAY WAS IT, IF YOU REMEMBER? OR WHAT DAY WAS IT? WAS IT THE WEEKEND WEEKDAY? I, NO, I, I DON'T REMEMBER.
I CAN'T HONESTLY SAY MY MEMORY IS GOOD ENOUGH THAT I'D WANT TO MAKE A POINT OF IT, BUT ALL I DO REMEMBER WAS THAT THE SITE DID NOT HAVE, IT WASN'T PALATABLE TO SEE
[03:30:01]
THE OUTSIDE.UM, I'M ALL FOR THEM REOPENING THEIR BUSINESS, BUT WHETHER OR NOT THEY NEED OUTDOOR DISPLAY SPACE TO DO SO, I DON'T BELIEVE THEY DO.
THAT'S JUST BECAUSE THEY HAD IT BEFORE DOESN'T MEAN THEY NEED IT NOW.
AND WITH THE LAPSE IN THE, IN DOING THEIR BUSINESS, I THINK THEY'VE LOST THE OPPORTUNITY TO CONTINUE USING, UM, THE NONCONFORMING, THE NONCONFORMANCE OF THE PROPERTY, WHETHER OR NOT WE'RE HERE YET OR NOT, I DON'T KNOW.
AND WHAT ELSE DO WE NEED TO DISCUSS? WELL, YOU HAVE TO DISCUSS THERE ARE TWO ISSUES.
ONE IS, WAS IT DISCONTINUED? IF YOU FIND THAT IT WAS DISCONTINUED, THEN THEY, THEN YOU HAVE TO GO TO THE ISSUE OF THE VARIANCES, WHICH IS YOUR NORMAL OKAY.
SO THE FACT THAT I'M SAYING, I AGREE THAT THEY HAVEN'T BEEN IN BUSINESS.
AND IF THEY, IF WE HAVE TO WAIT ANOTHER MONTH FOR THEM TO PRESENT THEIR RATIONALE BEHIND AN AREA VARIANCE.
BUT THAT DOESN'T MEAN THAT YOU MIGHT WANT MORE INFORMATION, THAT'S ALL.
UM, BUT I DON'T WANT ANY MORE INFORMATION.
YOU'RE SKIPPING OVER THE, THE OTHER MEMBERS OF THE BOARD.
UH, I KNOW YOU, YOU'VE DETERMINED THAT THEY'VE DISCONTINUED.
I THINK, UH, CHRISTIE HAS, THERE MAY BE THE MAJORITY, BUT YOU SHOULD HAVE THAT STRAW VOTE FIRST.
WELL, BEFORE YOU GET TO THE, I'M MAKING MY, I'M JUST RAISING MY HAND, MAKING MY STRAW VOTE IF ANYBODY ELSE WISHES TO DO SO.
AND THEN PLEASE FEEL FREE TO, YOU CAN DISCUSS, I, I WOULD SUGGEST THEN YOU CAN DISCUSS THE, UH, THE FIVE FACTORS AND WHETHER YOU WANT TO MAKE THAT DETERMINATION TONIGHT OR, AND IF SO, TO GRANT OR TO DENY.
THE OTHER MEMBERS OF THE BOARD CAN DO AS THEY WISH.
AND JUST SO THAT I'M CLEAR IN THE ACTUAL, UM, NOTICE, THE ONLY VARIANCE THAT I CAN SEE HERE RIGHT NOW WOULD BE THE REDUCTION OF PARKING SPACES.
AND THEY NEED VARIANCE FOR OUTDOOR STORAGE AND MATERIALS.
FOR DISPLAY AND STORAGE DETERMINATIONS.
THAT'S WHAT I'M LOOKING AT WHERE IT SAYS 2 85 29 1D 2 81.
OH, YOU DIDN'T GET TO THE LAST SENTENCE HERE ACTUALLY UNDERLINED.
I ACTUALLY UNDERLINED THE LAST SENTENCE.
SO DOES THE NAME MATTER, LIKE WHEN YOU SAID THEY WERE GOING TO BEST GARDENS AND PATIO, DO THEY NEED, I MEAN, IS DOES THAT MATTER? AND ALSO THE FACT THAT THE BUSINESS ITSELF DOESN'T HAVE A LOT OF CUSTOMERS.
DOES GENTLEMAN SAID ONLY HAVE LIKE ONE, SO IF WE GRANT THIS AND THEY CAN'T SUSTAIN THEIR BUSINESS, IS THAT GOING TO BE PROBLEMATIC? LIKE YOU SAID IT, THE OWNER PLEADED GUILTY TWO TIMES.
SO ARE WE GONNA, IF WE GRANT THIS, IS THIS OWNER GOING TO BE ABLE TO SUSTAIN THE BUSINESS AND BECOME GUILTY AGAIN? SO THAT'S MY QUESTION.
I GET, YOU SAID BEFORE THE OWNER, SO THE, THERE WAS ONE, UM, PLEADING ACCORDING TO THE PROSECUTING ATTORNEY, UM, IN COURT, AND THAT WAS FOR FAILURE TO MAINTAIN A VACANT BUILDING.
SO IF, DO YOU FEEL THAT THEY, IF WE GRANT THIS, THAT THIS, THEY'LL BE ABLE NOT TO RUN INTO FAILURE AGAIN, IN YOUR OPINION? I REALLY CAN'T OFFER THAT OPINION.
I DON'T KNOW IF THEY WOULD BE ABLE TO BE SUCCESSFUL OR, OR NOT.
UH, THERE'S NO WAY THAT LIZ WOULD BE ABLE TO MAKE THAT RETURN.
YEAH, NO, I, A BUSINESS MODEL.
WHAT'S YOUR THOUGHTS? WOULD UM, THE OTHER ASPECT TO THIS TOO, WHICH I'M TORN ON, IS I KNOW THAT FORTUNE OFFICE IN YONKERS, THEY DO DISPLAY IN THE FRONT OF THE STORE UNDER THE CANOPY OF THE ENTRYWAY TO THEIR, UH, PATIO STORE.
SO THE QUESTION WOULD BE, TO ME, THE NECESSITY AS HAS BEEN STATED OF IT BEING OUTDOORS.
[03:35:01]
A WHAT, IS THERE ENOUGH OR IS THERE AN ABILITY TO EXPAND THE FOOTPRINT OF THE EXISTING STORE THAT'S THERE SO THAT IT CAN BE ENCLOSED? UM, WHICH WOULD PROBABLY REQUIRE SOME ADDITIONAL VARIANCES THERE.AND SO I'M A LITTLE TORN BECAUSE I DO RECALL WHAT IT WAS LIKE I, MOM, IF YOU WATCH IT, I KNOW THAT SHE SHOPPED THERE AS WELL AND, UM, PURCHASED ITEMS. UM, BUT I CANNOT SEE AFTER HAVING SEEN THE PHOTOGRAPHS AND UM, WE APPROVED THE GAS STATION CANOPY.
SO THAT'S ONE OF MY FAVORITE GAS STATIONS,
SO I AM THERE AT LEAST ONCE A WEEK AS WELL.
I CANNOT SEE IT HAVING, HAVING BEEN IN OPERATION IN ANY RECENT MEMORY POST COVID.
SO JUST BASED ON THAT, UM, I COULD NOT SEE GOING FORWARD WITH, UM, DENYING, I MEAN, UM, OVERTURNING THE BUILDING INSPECTOR'S A TERMINATION THAT I COULD NOT DO.
SO THE QUESTION WOULD BE WHAT ALTERNATIVES WOULD THEY HAVE TO CREATE SOMETHING THAT WOULD BE A VIABLE SPACE TO SELL? WHEN, WHEN YOU SAY ABOUT OVERTURNING THE BUILDING INSPECTOR'S DETERMINATION, YOU, WHICH ISSUE ARE YOU TALKING ABOUT? UM, FACT CONTINUANCE OR WHAT? THE IT'S RIGHT.
I COULD, UH, PREVIOUS VARIANCES WERE GRANTED TO THE FORMER NURSERY, UM, FOR REDUCTION IN FRONT AND REAR YARD.
UM, FROM WHAT I RECALL, THAT IF THEY WERE GOING TO EXPAND THE BUILDING, UM, JUST BASED ON THE CONFIGURATION OF THE LOT, THEY WOULD NEED TO COME BACK FROM MORE AREA OF ERRANDS, RIGHT.
WHICH WOULD TAKE INTO CONCERNS OF THE NEIGHBORHOOD.
NEIGHBORHOOD AND THEN BRING IT MORE IN COMPLIANCE.
ALTHOUGH NON-CONFORMING TO BRING IT IN GREATER CONFORMITY WITH OTHER ENTITIES THAT ARE UP AND DOWN CENTRAL AVENUE.
ANY OTHER COMMENTS? I, I MADE MY COMMENT AND THEN
SO WE, DO WE ALL AGREE WITH THE BUILDING INSPECTORS? YES.
IT APPEARS BASED UPON WHAT I'VE HEARD, JUST FOR MY BOARD EVEN.
BUT THAT'S JUST FOR THAT PART.
SO NOW YOU SHOULD GO TO THE VARIANCES AND YOU CAN DENY OR GRANT AND GRANT WITH CONDITIONS LIKE SCREENING AND STUFF LIKE THAT.
BACKYARD, UH, STORE IS IN GREENBURG OR YEAH.
I GOTTEN SOME FURNITURE THERE TOO.
SINCE I COULDN'T GET IT@PATIO.COM.
GIVE THEM THE OPPORTUNITY TO OPERATE AS IS OR COME BACK WITH A DIFFERENT PLAN.
WELL, I THINK THEY SHOULD HAVE EVERY RIGHT TO COME BACK AND DISPLAY THEIR FURNITURE INSIDE.
I'M OPPOSED TO THE OUTSIDE STORAGE.
I'M OKAY WITH THE PARKING VARIANCE.
THEY ALSO HAVE, IN ADDITION TO FURNITURE, THEY HAVE THE STONE AND FENCING PRE YOU OPPOSED TO THE OUTDOOR DISPLAY OF EVERYTHING? I THINK SO.
WE HAVE OTHER BUSINESSES THOUGH, THAT HAVE NURSERIES ON IN THE AREA AND THAT DO OUTDOOR DISPLAY THAT'S NURSERIES.
IS THE OUTSIDE TO BE STORAGE OR IS THAT LIKE OUTDOOR SHOWROOM SPACE? I THINK IT'S THE STORAGE OF OUTDOOR MATERIAL.
WELL, THEY SAID TO THE DISPLAY ITEM FOR RETAIL SALE, DISPLAY AND STORAGE.
SO THAT STORAGE THEN WE CAN SAY THAT THEY CAN'T STORE IT.
WELL, IF THEY WERE TO SET UP LITTLE PATIO AREAS TO SHOW HOW THE PATIO,
[03:40:01]
SEASONAL PATIO, WELL, BJ'S DOES THAT.THEY DON'T, THEY ONLY SHOW LIKE ONE SETUP AND THEY'RE SELLING STUFF LIKE CRAZY.
NOT I'M SAYING THEY JUST HAVE ONE IN THE STORE.
I DON'T HAVE A PROBLEM IF THEY'RE ACTUALLY DISPLAYING THE FURNITURE OUTSIDE WHERE WE PUT IN CONDITIONS WHERE IT'S A TRUE DISPLAY WHERE PEOPLE CAN WALK THROUGH IT, WHERE THEY CAN GET, BUT IT REALLY WASN'T A DISPLAY AREA.
IT WAS REALLY MORE OF A STORAGE JUNK.
IT WAS A JUNKYARD PILED ON TOP, WELL PILED ON TOP OF EACH OTHER.
AND THAT, THAT I WOULD HAVE AN ISSUE WITH.
WELL, I ALREADY MADE MY COMMENTS.
YEAH, WE ALREADY KNOW WHERE YOU STAND.
CAN YOU PUT SOME SORT OF STIPULATION THAT THE DISPLAY HAS TO BE NEAT BECAUSE THAT WAS, YOU KNOW, SOME OF THE COMMENTS SOME OF THE NEIGHBORS WERE SAYING IN THAT AREA, WHICH IS EDGEMONT, WHICH IS, YOU KNOW, VERY NICE AREA.
THEY DON'T WANT IT TO BE AN EYESORE.
YOU COME DOWN AND SET THE CORNER AND EVERYTHING IS ALL MISHMASH.
SO I DON'T KNOW, COULD IT BE A STIPULATION? YOU COULD HAVE AN OUTDOOR, BUT IT HAS TO BE PRESENTABLE OR YOU CAN'T SAY THAT.
IF NOT, THEN IT'S NOT EVEN JUST SAYING, HOW DO YOU ENFORCE IT? YEAH.
SO THEN IT HAS TO GO INSIDE OR YOU DO THAT THROUGH DO CONDITIONS.
WHAT DO YOU RECOMMEND? LOOK, THERE'S A LOT OF THINGS THAT, YEAH, THERE'S A LOT OF THINGS THAT COME INTO PLAY WITH CONDITIONS BECAUSE YOU CAN JAM A WHOLE LOT OF STUFF IN A SMALL AREA FOR DISPLAY.
OR YOU CAN MAKE SOMETHING, YOU KNOW, HE'S TALKING ABOUT MAKING IT BE SOMETHING THAT'S, YOU KNOW, YOU COULD WANNA SIT AND HAVE A LOOK AND, YOU KNOW, SLEEP, WHATEVER.
AND IN MANY AREAS THAT'S DIFFERENT.
BUT IF YOU, IF YOU USING IT FOR, YOU KNOW, TO TRY TO SELL.
AND MOST OF YOUR SALES WERE BEING DONE ONLINE.
WELL, VICKY SAID THAT MOST OF THEM WERE ACTUALLY NOT DONE ONLINE.
HE SAID PEOPLE COME IN, BUT THEY DO BUY IT ONLINE.
SO RATHER THAN COMING IN, HE WANTS TO HAVE A, A VIEW OF WHAT'S THERE.
I ALSO THINK THAT'S GENERATIONAL TOO.
I MEAN, PEOPLE TODAY ARE USED TO BUYING STUFF ONLINE.
THEY ARE, BUT I MEAN, EVEN MATTRESSES.
AND, YOU KNOW, THE, THE QUESTION IS SHOULD, IS THERE A WAY THAT WE COULD POSE THIS SO THAT IT'S NOT, IT DOESN'T COME OUT TO BE SOMETHING THAT'S GOING TO NOT BE WHAT WE ANTICIPATED.
IF THE APPLICANT SOUGHT TO RE YOU WANNA TURN? WE'RE GONNA PAUSE.
WE'RE GONNA NEED TO PAUSE AND OR CLOSE OUR MEETING AT THIS POINT AND GO BACK ONLINE AND GIVE WHAT WE HAVE DONE ALREADY.
AND WE'LL TABLE THIS FOR NEXT MONTH.
WE'RE HAPPY TO COME BACK NEXT MONTH WITH A, WITH A REVISED.
STOP TO ADDRESS WHAT YOU'RE NOW SPEAKING TO IN PROGRESS.
SO, UM, WE'RE GOING TO PUT 24 0 9 OVER FOR ALL PURPOSES.
WELL, MM-HMM,
[03:45:01]
WE'LL OR YOU WANT TO DO IT NOW? SHE'LL WRITE US.JUST TELL HIM AND HE'LL PUT IT IN THERE.
WE HAVE A SOMEBODY GOTTA LIKE THAT.
AND WILLIAM, YOU'RE GONNA HAVE TO DO DENIED.
YOU GONNA DO NUMBER FOUR? WHAT'S DENIAL? 24 0 8.
IS IT DENIAL OTHER CHICK-FIL-A NO NO.
CHICK-FIL-A I GET TO THAT VICE CHAIR.
WHAT ELSE? I I HAVE TO MAKE CHICK-FIL-A PEOPLE.
I'M GONNA GO, I'M NOT GONNA GET CHICKEN ANYMORE.
YOU HAVE DENIAL THAT HE WAS JUST THE SIGN GUY.
NOT THE CHICK-FIL-A GUYS WATCHING.
DO WE HAVE A, UM, DENIAL? OH, YOU'RE NOT HERE TODAY? NO, I'M, I'M HAVING TO WRITE ONE.
YOU ALWAYS, YOU TAKE THE FIRST ONE.
MAY WRITE A RESOLUTION ON THAT ONE OR NOT, WILLIAM.
IS THIS MINE? THAT WAS, THIS IS NOT OKAY.
I WAS JUST GOING TO USE THIS ONE.
[03:51:15]
YEAH.WE DON'T HAVE TO DO THE FINDINGS NOW.
I'LL HAVE TO GIVE YOU THE KI SO SHE HAVE TO TRACK ME DOWN.
YOU DON'T READ THE FINDINGS? I I'M GONNA READ THE FINDINGS.
WE READY? ALL RIGHT, WE'RE ON.
UM, I MOVE THAT THE APPLICATION IN CASE 2314 CONSTITUTES AN UNLISTED ACTION UNDER SEEKER AND THAT THE ZONING BOARD RENDERS A NEGATIVE DECLARATION RELATED TO THE PROPOSED ACTION.
IN THE MOTION I MOVE THAT THE APPLICATION IN CASE 2314 FOR A USE VARIANCE TO PERMIT THE SALE OF WOOD PRODUCTS NOT GROWN OR HARVESTED ON SITE OF APPLICANT'S NONCONFORMING NURSERY BE DENIED.
SORRY, DO YOU HAVE A SECOND? SECOND.
AND DUE TO THE LATENESS OF THE HOUR AND THE FINDINGS BEING A LITTLE LENGTHY, I'M GOING TO NOT READ THEM THIS EVENING, BUT THEY WILL BE IN THE, UH, IN THE TRANSCRIPT AS WELL AS IF ANYONE NEEDS IT, THEY CAN GET A COPY FROM OUR SECRETARY AND, AND HAVE THE FINDINGS IN.
THE NEXT CASE WE HAVE THIS EVENING IS CASE 24 0 7, WHICH IS ADJOURNED FOR ALL PURPOSES TO THE MEETING OF JUNE 20TH.
THE NEXT CASE IS CASE 24 0 8 MIDWAY SHOPPING CENTER, CHICK CHICK-FIL-A
AND DO, AND I JUST HAD MY HAD IT HERE A MINUTE AGO TO GO.
THE GREENBERG ZBA HAS DETERMINED ABOVE, ABOVE THE ABOVE REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE AND THEREFORE BE RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
DO I HAVE A MOTION? YES, MADAM CHAIR.
CASE NUMBER 24 DASH EIGHT B DENIED.
AND AGAIN, THE FINDINGS WILL BE MADE SECOND.
[03:55:01]
OKAY.OH, YOU SAID SECOND? NO, GO AHEAD.
AND AGAIN, THE FINDINGS WILL BE MADE AVAILABLE TO ANYONE WHO WISHES TO SEE THEM AND THEY ALSO WILL BE IN THE OFFICIAL RECORD.
AND THE NEXT CASE IS CASE 24 0 9 60 SOUTH CENTRAL AVENUE, SCARSDALE 600.
UM, AND IT IS ADJOURNED FOR ALL PURPOSES TO THE MEETING OF JUNE 20TH.
AND WITH THAT, WE HAVE COMPLETED WHAT WE CAN ACCOMPLISH THIS EVENING.
I THANK EVERYONE FOR THEIR CONTRIBUTION AND PRESENCE AND HOPEFULLY WE WILL BE ABLE TO HAVE SOME BETTER WEATHER.