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[00:00:02]

MORNING

[ TOWN OF GREENBURGH PLANNING BOARD AGENDA MONDAY, June 17, 2024 – 7:00 P.M. Meetings of the Planning Board will be adjourned at 10:00 p.m. ]

IN PROGRESS.

IT WAS JUST EATING DINNER A FEW MINUTES AGO.

.

ALRIGHT.

GOOD EVENING LADIES AND GENTLEMEN.

WELCOME TO THE MONDAY, JUNE 17TH PLANNING BOARD MEETING, OUR PLANNING BOARD MEETINGS, AND NORMALLY ON WEDNESDAYS, BUT THIS YEAR IT FALLS ON JUNETEENTH, WHICH IS A HOLIDAY.

SO WE'RE HAVING OUR MEETING ON MONDAY.

UH, MR. SCHMIDT, PLEASE CALL THE ROLE CHAIRPERSON SCHWARTZ.

HERE.

MR. HAY? HERE.

MR. GOLDEN HERE ON ZOOM.

MR. DESAI HERE.

AND WE HAVE OUR ALTERNATE MS. SPARKS HERE? YES.

HERE.

AND WE'RE ANTICIPATING MR. SIMON TO JOIN VIA ZOOM SHORTLY.

MS. DAVIS IS NOT PRESENT THIS EVENING.

MR. SNEZ? I HAVE NO, I HAVEN'T HEARD FROM, I HAVEN'T HEARD FROM, HE WASN'T ON THE, ON THE CALL EARLIER TONIGHT EITHER.

OKAY.

WE WILL PUT MR. SNAG AS ABSENT.

AND FOR THAT REASON, MS. SPARKS IS A VOTING MEMBER THIS EVENING.

A OKAY.

MINUTES.

UH, ONE CHANGE THAT TOM POINTED OUT ON, UH, NUMBER THREE.

UH, THIRD PARAGRAPH, THIRD LINE DOWN CORRESPONDENCE AND CORRESPONDENCE.

IT SAYS, CHAIR PERSON, SCHWARTZ NOTED THAT HE HAS NOT HEARD FROM.

IT'S THAT TOWN HAS NOT HEARD FROM.

OKAY.

UH, ANY OTHER CHANGES ANYBODY HAS TO THE MINUTES? YES, I HAVE IT.

GO AHEAD.

CORRECT.

IT'S ON THE PAGE SIX.

PAGE SIX.

OKAY.

YEAH.

AND I RECOMMENDED A NEUTRAL, UH, AS PER THE PB GUIDELINES.

AND SO IT WAS NOT ANONYMOUS.

IT WAS NOT UNANIMOUS.

THAT'S RIGHT.

THAT'S CORRECT.

OKAY.

YEP.

GOOD CATCH.

THANK YOU.

THANK YOU.

CORRECT.

YOU WELCOME.

I MOVE THAT WE ACCEPT THE MINUTES AS AMENDED.

DO WE HEAR A SECOND? AYE.

AYE.

THAT'S NOT A SECOND.

AYE.

YES.

SECOND.

THANK YOU, .

OKAY.

ALL IN FAVOR? AYE.

AYE.

ALL OPPOSED? ABSTENTIONS.

GREAT.

DONE.

ANOTHER GREAT JOB.

MATT.

THIS WAS NOT AN EASY MEETING.

THERE WAS A LOT GOING ON IN THIS MEETING.

THANK YOU VERY MUCH.

UH, CORRESPONDENCE, SINCE WE HAVE, UH, SOMEONE IN THE AUDIENCE, I BELIEVE WHO CAN MAYBE ABLE TO HELP US WITH THIS.

THEY MARONE SUBDIVISION? NO.

OH, NO.

I'M SORRY.

I SPOKE WITH, UH, OH.

YOU SPOKE, YOU SPOKE, SPOKE TO DAVID TODAY.

OKAY.

AND WHY DON'T YOU JUST EXPLAIN WHAT'S GOING ON THERE AND THEN WE CAN SET IT UP.

OKAY.

SO THIS IS CASE NUMBER PB 2103, THE MARIN SUBDIVISION.

RIGHT.

UM, IT IS TIED TO ANOTHER SUBDIVISION KNOWN AS THE NATIONAL ROAD SAFETY FOUNDATION, SUBDIVISION ON LEY ROAD CASE PB 1706.

UM, AS INDICATED IN THE REQUEST FOR EXTENSION, MR. MARIN, WHO, UH, IS A SIGNATORY TO THAT SUBDIVISION, HE, UH, PASSED AWAY UNFORTUNATELY.

AND EVERYTHING'S BEING TURNED OVER TO MRS. MARIN AND OTHER RELEVANT AUTHORITIES FOR SIGNATURE.

SO THEY'RE WORKING WITH IT WITH MRS. MARIN, UM, TO ANSWER HER QUESTIONS AND OBTAIN HER SIGNATURES.

UH, SO ON THE PLA OKAY.

SO SIX MONTHS SHOULD BE PLANNING FOR THEM TO GET THAT ACCOMPLISHED SO THAT THEY CAN COME IN FOR FINAL.

EVERYTHING'S MOVING FORWARD WITH THE OTHER SUBDIVISION.

CAN I HAVE A MOTION TO EX, UH, TO GIVE THEM AN EXTENSION TO WHAT DATE WOULD THAT BE? DO WE KNOW? WE JUST TYPICALLY DO 180 DAYS.

OKAY.

180 DAYS FROM TODAY.

CAN I HAVE THAT MOTION? SO MOVED.

TOM, DO A SECOND.

SECOND.

UH, WALTER IS HERE NOW.

UH, WALTER SECONDS.

ALL IN FAVOR? AYE.

AYE.

ALL OPPOSED? OKAY.

I JUST WANTED TO JUST BRIEFLY GO OVER, UM, WHAT WE HAVE OUTSTANDING WITH THE TOWN BOARD.

UM, AND I HAD A DISCUSSION ACTUALLY WITH, UM, GARRETT ABOUT THIS, ONE OF THEM TODAY.

UH, THE, THE ONE THAT HAS BEEN PENDING THE LONGEST IS THE, UH, A DU RECOMMENDATION.

THERE'S BEEN SOME THINGS GOING BACK AND FORTH ON THAT WHERE THERE WAS A RECOMMENDATION FROM THE TOWN SUPERVISOR TO HAVE A PUBLIC DISCUSSION.

I'M TRYING TO TALK THEM OUT OF THAT GIVEN WE HAD A PUBLIC DISCUSSION AND WE SPENT AN AWFUL LOT OF TIME, UH, WITH A GREAT JOB BY MATT.

AND THEN WALTER AND I, MAYBE IT MAY HAVE BEEN MICHAEL AS WELL, GOING THROUGH THROUGH POINT, POINT, POINT, EVERY EMAIL WE GOT AND ADDRESSING THOSE, WE, SO WE DID A VERY THOROUGH JOB, WHICH THEY, THEY'RE WELCOME TO LOOK AT, OBVIOUSLY.

UH, SECOND, THEY STILL HAVE TO DO A PUBLIC HEARING.

SO WHAT I'M HOPING, AND GARRETT IS GONNA, UH, SEND THIS MESSAGE BACK TO THEM IS THAT THEY DO A WORK SESSION DIRECTLY.

DO A WORK SESSION, GO RIGHT TO PUBLIC HEARING FOR THEM ON,

[00:05:01]

ON THE A DU LAW, HOW THEY'RE GONNA COME OUT.

I'LL HAVE TO SEE.

BUT HOPEFULLY THAT WILL GO FORWARD.

UH, JUST AS, JUST OF NOTE, UH, OUR GOVERNOR JUST CUT A DEAL ON THE LAST WEEK WITH NEW YORK CITY ON ADUS.

AND UNLIKE OUR LAW DOESN'T HAVE GUARDRAILS IN IT, WHICH IS ONE OF THE REASONS WE, YOU KNOW, ONE, IT'S A GREAT, WE THINK IT'S A GOOD IDEA, BUT BEYOND THAT, WE'D RATHER BE IN CONTROL OF OUR OWN DESTINY, THEN SOMEONE COME DOWN THE LINE AND LEGISLATE US INTO SOMETHING THAT WE DON'T LIKE.

SO THAT'S WHY WE NEED TO STAY AHEAD OF THINGS LIKE EDUS.

AND I WOULD HOPE, I KNOW THE TOWN BOARD'S BEEN BUSY WITH LOTS OF DIFFERENT THINGS.

I I APPRECIATE THAT.

UH, CAPITAL STUFF.

AND THEY HAD SOME PERSONNEL ISSUES THAT THEY WERE DEALING WITH RECENTLY.

BUT THIS IS AN IMPORTANT PROJECT THAT REALLY NEEDS TO BE COMPLETED, I THINK.

SO WE'LL SEE WHAT HAPPENS.

I'LL FOLLOW UP WITH THEM.

OKAY.

UM, WE HAD A LETTER REQUESTING, UH, AN ALTERNATE, UH, THAT WAS SENT ON APRIL 15TH.

WE HAVEN'T HEARD ANYTHING BACK AGAIN.

I THINK THEY'RE JUST BACKLOGGED WITH A WHOLE BUNCH OF STUFF RIGHT NOW.

SO, UM, AN ADDITIONAL ALTERNATE, I JUST WANTED TO SAY.

RIGHT, RIGHT.

AN ADDITIONAL ALTERNATE.

THE EIGHTH PERSON.

AMANDA, IF YOU COULD JUST, YOU KNOW, SHAKE JOE'S TREE ON THAT, I'D APPRECIATE IT.

THANK YOU VERY MUCH.

UM, LETTER TO, TO ASSOCIATION OF TOWNS ON THE JURISDICTION.

MONT IN THE, UH, UH, IN TERMS OF THE BOND ISSUE, OBVIOUSLY RIGHT NOW NOTHING'S HAPPENING BECAUSE THE BOND FAILED.

UM, I SUSPECT THERE'LL BE ANOTHER BOND ISSUE SOMETIME IN THE FALL, BUT WE DON'T KNOW THAT YET.

MEANWHILE, IT'S STILL IMPORTANT FOR US TO WORK OUT THE KINKS TO FIND OUT REALLY WHERE THE LAW STANDS.

AS, AS WE SAID THE LAST TIME, IT'S A VERY MURKY, I FOLLOWED UP WITH PAUL TODAY WHO IS ACTUALLY GONNA HAVE JOE CALL, CALL THE ASSOCIATION OF TOWNS TODAY, UH, RELATED TO THAT ON THE 17TH OF JUNE.

UM, THAT'S NOT RIGHT.

THAT WAS A FOLLOW-UP LETTER RIGHT ON THE 10TH OF MAY.

WE ALSO SENT A, UH, A LETTER ASKING ABOUT THE AG I, I'M SORRY, REQUEST TO SEEK AN OPINION FROM THE AG ON THE 10TH OF MAY.

HAVEN'T HEARD ANYTHING THAT'S FOR THE TOWN BOARD RIGHT NOW.

UM, THE STATUS ON THE CURB CUT PERMIT I GOT FROM, UH, GARRETT TODAY THAT EVERYTHING IS ON HOLD RIGHT NOW 'CAUSE NOTHING'S BEING CONSTRUCTED.

SO THE TOWN RIGHT NOW IS NOT ACTING ON THAT.

UM, THE REFERRAL PROCEDURE, UH, THAT WE HAD SENT A RECOMMENDATION OVER ON THE 28TH.

AGAIN, THANK YOU FOR YOU WORK ON THAT.

I'D APPRECIATE THAT AMANDA, UH, HAVEN'T HEARD ANYTHING.

HOPEFULLY WE'LL GET SOMETHING BACK.

AND WHEN WAS THAT? THAT WAS THE ONE ABOUT, YOU KNOW, WITH THE THING WITH THE A DU LAW WHERE WHAT THE A DL SENT TO THE TOWN WAS DIFFERENT AND IT WASN'T FLAGGED TO US.

YOU KNOW, THE CHANGES ON HOW THE CHANGES GOT IN THERE.

UM, IT SEEMS LIKE THEY GOT IN THERE, WE'RE NOT EXACTLY SURE WHEN.

MM-HMM, .

MM-HMM.

.

OKAY.

I THINK THEY GOT IN THERE BEFORE THE TOWN BOARD ACTUALLY DID THE RESOLUTION, WHICH IN A WAY IS A GOOD THING.

AND WE SHOULD, WE JUST SHOULD HAVE KNOWN ABOUT IT AND WE RECOMMENDED SOMETHING.

SO THAT DOESN'T HAPPEN IN THE FUTURE.

JUST A LOT OF COOKS IN THERE.

SO HOPEFULLY THEY'LL DEAL WITH THAT.

AND LASTLY, LET'S SEE, THERE WAS ONE OTHER THING I REAPPOINTMENTS.

OH YEAH, THE REAPPOINTMENTS.

WE DID SEND THE LETTER, UH, I THINK IT WAS AROUND THE 30TH THEY SENT IT.

I, BECAUSE I GOT, I THINK I TOLD YOU ON THE 28TH, BUT I ASSUME THEY SENT IT AROUND THE 30TH.

AGAIN, WE'RE WAITING TO SEE, RIGHT NOW, WE HAVE FOUR PEOPLE THAT NEED TO BE REAPPOINTED AND THREE MORE I THINK BY DEC BY THE END OF THE YEAR.

THE END OF THE YEAR.

BY THE END OF THE YEAR.

SO HAS THE TOWN BOARD DONE ANYTHING THAT WE'VE REQUESTED? UM, THE ANSWER IS NONE OF THIS HAS BEEN ACTED ON YET.

NO, THE ANSWER IS NO, NO, NO.

ASIDE FROM THAT LIST, WHICH THEY HAVEN'T DEALT WITH, HAVE THEY DEALT WITH ANYTHING THAT WE'VE REQUESTED IN THE LAST SIX MONTHS? THE LAST SIX MONTHS? THIS IS REALLY THE LIST FROM THAT PERIOD OF TIME.

I MEAN, THE ANSWER NO KNOW, THE ANSWER IS NO.

THAT I KNOW OF.

I MEAN, THEY, WE, WE MAY HAVE HAD A RECOMMENDATION BACK ASIDE FROM PROJECTS WHERE RECOMMENDATIONS YEAH.

WERE ISSUED BY THE PLANNING BOARD ON REFERRALS.

RIGHT.

NOT BE SPECIFIC NO.

BUT LIKE DEVELOPMENT PROJECTS.

MM-HMM.

NOT ON LOSS.

CORRECT.

BUT WHAT WAS THE STATUS OF THE SOLAR LAW? DID THAT GET AN , THAT SOLAR LOCKER? SO THERE IS ONE THAT DID.

OKAY.

AND THAT WAS FROM A COMMITTEE THAT RIGHT.

THAT DID, THAT DID GET, THAT DID GET ADOPTED TO THE SOLAR LAW.

AND THERE ARE TWO MORE LAWS COMING, BY THE WAY.

THERE'S ONE ON THE SET ASIDE THAT GARRETT'S WORKING ON.

I'M PRETTY EXCITED ABOUT, ACTUALLY.

I THINK YOU'D SAID A REAL GREAT JOB ON THAT.

AND ALSO A REZONING OF THE, UH, URBAN RENEWAL DISTRICTS INTO A, A MULTI-FAMILY DISTRICT.

BOTH OF THEM ARE VERY, I THINK, STEPS HUGELY IN THE RIGHT DIRECTION FOR OUR TOWN.

AND I'M LOOKING FORWARD TO US SEEING THOSE.

WE SAW THAT THEM IN THE AAV L TODAY.

SO I'M VERY EXCITED ABOUT BOTH OF THOSE.

REALLY GOOD JOB, JOB BY GARRETT ON BOTH OF THOSE REALLY CREATE, REALLY THOUGHT THINKING IT THROUGH.

THERE'S A VERY GOOD, UH, DISCUSSION ABOUT THAT TODAY.

SO I WILL FOLLOW UP PROBABLY WITH A LETTER JUST IN GENERAL, JUST REMINDING 'EM THESE ARE THE THINGS THAT WE'RE STILL HI PAUL.

UM, STILL, STILL

[00:10:01]

OUTSTANDING.

OKAY.

JUST SO THAT THEY KNOW THAT WE, WE KNOW THAT THEY GET THERE AND SEE IF WE GET SOME DATES.

I PARTICULARLY WANT TO DATE FOR THE A BU BECAUSE AISHA AND TIM, WHO'S OUR EXPERT, NOT EVEN A GREENBERG RESIDENT, JUST OUR EXPERT, UM, ARE GOING TO DO THE PRESENTATION TO THE TOWN BOARD WORK SESSION.

AND SUMMER'S COMING.

I WANNA MAKE SURE BOTH OF YOU ARE, YOU ARE GUYS ARE AVAILABLE TO TELL YOU AT THE LAST MINUTE ISN'T FAIR.

SO THAT'S WHY I'M PUSHING FOR A DATE FOR THAT.

QUICK QUESTION, PLEASE.

YES.

YES MA'AM.

IS THERE AN ORDER, UM, TO WHICH WE EXPECT TO RECEIVE RESPONSES BASED ON WHEN IT WAS RECEIVED BY THE BOARD? I DON'T THINK THAT'S, I THINK, WELL THE, THE LETTER TO THE TOWN ASSOCIATION OF TOWNS IS ASSOCIATION OF TOWNS IS SITTING ON IT.

THE LETTER WAS DRAFTED, IT WENT OUT OKAY FROM PAUL ON, UH, MAY 14TH.

JUST HAVEN'T HEARD BACK.

AND WE WILL FOLLOW UP.

THEY HAVEN'T RESPONDED.

ONE OF THE REASONS THEY MAY NEVER RESPONDED, THEY PROBABLY NEVER GOTTEN THAT QUESTION BEFORE.

.

OKAY.

IT'S NOT AN EASY QUESTION.

THE ANSWER IS WE BOTH, AS WE ALL KNOW.

SO THAT'S PROBABLY WHY, IN TERMS OF STUFF THAT THEY NEED TO ACT ON, I WOULD HOPE THE FIRST TWO THINGS THEY ACT ON IN PRIORITY OF THE AD RECOMMENDATION AND ALSO ON THE REAPPOINTMENTS.

THOSE ARE THE FIRST TWO THINGS I'D LIKE, LIKE TO SEE THEM ACT ON.

I THINK THEY'RE THE TWO MOST IMPORTANT THINGS ON THIS LIST.

BUT I THINK TO ANSWER YOUR QUESTION, THERE IS NO SET ORDER.

NO ORDER.

NO.

SO ONLY BECAUSE IF WE KNOW THAT THERE ARE TWO OTHER LAWS IN THE WORKS AND WE KNOW THE A DU LAW WAS GIVEN AT THAT TIME, WHICH SHOULD WE EXPECT TO RECEIVE AN ANSWER BACK ON THAT LAW BEFORE ANY OTHER LAWS? I DON'T, DON'T SEE HOW WE CAN ACTUALLY EXECUTE THE LAW WE SAW TODAY WITHOUT THE A D LAW BEING DONE FIRST.

OKAY.

BECAUSE IT, IT HAS ADUS AS A, AS A REMEDY.

OKAY.

SO I, WE NEED TO GET THE A DU TO ME.

THE A DU LAW SHOULD, IF THEY'RE GONNA, IF THEY WANT TO PASS ON IT AND SAY NO AND WANNA MAKE CHANGES, THAT'S UP TOM BOARD.

THEY'RE THE ELECTED OFFICIALS.

BUT I THINK WE NEED A DECISION ONE WAY OR THE OTHER BECAUSE IT DOES AFFECT THAT OF THE LAW THAT WE LOOKED AT TODAY.

SO, AND THE ALTERNATES, YOU KNOW, WE'VE TALKED ABOUT THAT.

I, I DON'T KNOW, HAVE YOU TALKED TO LISA AT, AT ALL AS TO HAVE THEY AND THE TOWN CLERK AS TO WHETHER OR NOT THEY'VE BEEN ABLE TO I KNOW WE ARE DONE.

PAT, PATTY DID A GOOD JOB DOING IT IN TERMS OF ALL THE OTHER BOARDS.

'CAUSE WE'RE NOT THE ONLY BOARD IN THIS POSITION.

I DON'T KNOW WHAT STATUS THEY'RE AT.

THEY REACHED OUT TO THE BOARDS.

I HAVEN'T SEEN A LIST.

I, I KNOW THERE ARE OTHER BOARDS THAT ARE IN THE STATE.

THERE'S SEVERAL BOARDS THAT HAVE PASSED THAT HAVE THE SAME, SAME POSITION WHERE IN THAT, AND THEY'RE TRYING TO CLEAN EVERYTHING UP GLOBALLY, WHICH IN SOME WAYS IS SLOWING IT DOWN.

OKAY.

OURS, WALTER HAS HIS HAND UP.

MM-HMM.

.

YES.

WALTER.

UH, I DID PLACE A CALL TO LISA TODAY BECAUSE I'M ONE OF THE ONES WHO, WHO, UH, UH, WHO'S OPERATING ON AN EXPIRED TERM.

SHE SAID SHE GOT THE LIST, THE LIST AND SHE WILL FORWARD IT TO THE TOWN BOARD.

I ALSO INDICATED THAT, UH, WE ARE LOOKING FOR A LONG-TERM SOLUTION TO, TO APPOINT OR NOT TO APPOINT FOUR MEMBERS, UH, TODAY OR WHATEVER.

THEY GET TO AROUND TO DOING IT WITHOUT SETTING UP THE SYSTEM WHERE ONE BOARD MEMBER TERM EXPIRE EACH YEAR.

THAT'S ACCORDING TO THE STATE LAW.

AND THE STATE SET IT UP THAT WAY.

THAT, UM, UH, SEVEN YEAR TERM FOR EACH BOARD MEMBER TERM, UH, UH, ONE BOARD MEMBER EXPIRE EACH YEAR.

THAT AFFORDS A CA CERTAIN BUFFER FOR PLANNING BOARDS TO SEPARATE FROM, UH, FROM, UH, THE POLITICAL, ANY POSSIBLE POLITICAL IN INFLUENCE.

THAT IS WHY, HOW THE STATE LAW WAS SET UP.

WE DID NOT MAKE THOSE LAWS.

MM-HMM.

, THE STATE MADE THOSE LAWS THAT THE PLANNING BOARD, ONE PLANNING BOARD MEMBER WILL BE UP FOR REAPPOINTMENT EACH YEAR.

SO I EXPRESSED THAT IN REVIEWING THE CURRENT PROPOSAL THAT THE TOWN BOARD NEED TO PUT A PERMANENT SOLUTION IN PLACE.

AND SO SHE SAID, UM, YOU KNOW, SHE'LL FORWARD THAT TO THE TOWN BOARD.

SO IT'S UP TO THE TOWN BOARD.

OKAY.

WELL, WE'LL SEE, SEE WHERE IT COMES OUT.

WE JUST HAVE TO KEEP REMINDING, REMINDING THEM AT THIS POINT.

THAT'S ALL WITHOUT BEING TOO MUCH OF A PAIN IN THE NECK.

OKAY.

LET'S GO ON TO OLD BUSINESS.

UH, CASE PB 2219, WHICH IS MCCORDY.

THIS IS FOR A FINAL SUBDIVISION PLANNING BOARD, STEEP SLOPE PERMIT AND A TREE REMOVAL PERMIT.

UM, FIRST QUESTION I WOULD OBVIOUSLY HAVE IS, HAS THERE BEEN ANY, UH, SIGNIFICANT CHANGE FROM,

[00:15:01]

UH, THE PRELIMINARY SUBDIVISION APPROVAL? NO.

NO SUBSTANTIVE CHANGES.

THERE WAS A REQUEST BY THE COUNTY HEALTH DEPARTMENT TO ADD THE EXISTING WATER LINE TO THE EXISTING HOME, TO THE PLAT.

OKAY.

SO THE APPLICANT DID THAT.

IT RESULTED IN NO OTHER CHANGES.

OKAY.

ANY OTHER QUESTIONS ON THIS BEFORE WE VOTE ON IT? MICHAEL OR ANYBODY? NO.

ANY SPECIAL CONDITIONS THAT WE NEED TO KNOW ABOUT THE CHANGE? NOTHING SINCE PRELIMINARY.

OKAY.

SO NUMEROUS VOTES TONIGHT.

OKAY.

UH, WE'LL DO THIS SUBDIVISION FIRST.

WE'LL WAIVE THE PUBLIC HEARING ON THE FINAL.

OKAY.

YEAH.

CAN I HAVE A MOTION TO WAIVE THE PUBLIC HEARING ON THE FINAL SUBDIVISION PLEASE? SO MOVED.

TOM, DO I HAVE A SECOND, PLEASE? SECOND.

SECOND.

IS WALTER ALL IN FAVOR? AYE.

AYE.

I'LL OPPOSED.

OKAY, GREAT.

UH, NOW WE CAN DO, NOW CAN I GO AHEAD? YOU MAY.

THANK YOU.

UM, CAN I HAVE A MOTION TO APPROVE THE FINAL SUBDIVISION THEN? SO MOVE.

SO MOVED TO TOM AND WALTER, YOU SECOND? SECOND.

SECOND IS WALTER GRANT WATER TO CAME IN A LITTLE LATER.

WELL, I'LL, I'LL SLOW DOWN.

OKAY.

SLOW DOWN.

ALL IN FAVOR? A AYE.

ALL OPPOSED? AYE.

THAT'S FINE.

OKAY.

NO ABSTENTIONS.

OKAY.

CAN I HAVE A MOTION EXCEPT FOR TOM TO PLAN FOR THE PLANNING BOARD STEEP SLOPE PERMIT, PLEASE.

NOBODY DOES IT.

.

I JUST TRYING TO MOVE THINGS ALONG.

KURT.

YEAH, I MOVE.

KURT.

MOVE.

CAN I HAVE A SECOND PLEASE? SECOND.

WALTER SECOND.

ALL IN FAVOR? AYE.

AYE.

ALL OPPOSED? ANY ABSTENTIONS? GREAT.

OKAY.

DON'T ALL TALK AT ONCE.

CAN I HAVE A MOTION TO APPROVE THE TREMOR REMOVAL PERMIT? SO MOVED.

THANK YOU.

TOM.

YOU'RE THE ONLY ONE TODAY.

THE THE EXPENSE IS KILLING ME.

SEEMS TO BE WEAK.

SECOND, THE REST OF THEM ARE DALLAS FANS.

THAT'S THE PROBLEM.

SECOND.

WALTER SECOND.

ALL IN FAVOR? AYE.

ALL OPPOSED? OKAY.

THAT'S IT.

WE'RE DONE WITH, WE'RE DONE WITH THAT.

ALRIGHT, GOOD ENOUGH.

UH, CASE PB, UH, 24 10.

PIZZA 1 365 CENTRAL PARK AVENUE.

THIS IS JUST FOR A SPECIAL USE PERMIT.

WE HAD A PUBLIC HEARING.

I DON'T THINK WE HAD ANYBODY COME TO THE SPECIAL TO, TO THE PUBLIC HEARING.

AND THIS IS TO APPROVE THAT.

IT'S A TYPE TWO ACTION UNDER SEEKER.

DO WE NEED TO TAKE A VOTE ON THAT? COULD I HAVE A VOTE, UH, FOR SEEKER TO MAKE THIS A TYPE TWO ACTION.

SO MOVED.

STILL MOVED.

MICHAEL, CAN I HAVE A SECOND? WALTER SECOND.

THANK YOU, WALTER.

THERE'S A TIME DELIVER BETWEEN THERE, HERE IN MARTHAS UNION.

ALL ALL IN FAVOR? AYE.

AYE.

ALL OPPOSED? OKAY.

THAT, THAT PASSES THEN.

COULD I, UH, ANY QUESTIONS ABOUT THE ON THE SPECIAL USE PERMIT OR ANYTHING WE SHOULD KNOW ABOUT? NO.

THE TYPICAL CONDITIONS FOR A RESTAURANT SPECIAL PERMIT, NOTHING OUT OF THE ORDINARY.

OKAY.

IN PART.

BUT THEY ACTUALLY APPROVED THE SITUATION BY INCLUDING THE TWO NEW AADA A SPACES.

YEAH, THEY DID.

AND UH, IT'S INTERESTING THAT THEY'RE OPENING RIGHT AS WE LOST A PIZZA PLACE DOWN THE STREET.

WE JUST LOST THEM AT FOUR CORNERS, UM, ABOUT A MONTH AGO.

IT'S UP FOR SALE, BUT I DON'T, IT IT'S A TOUGH LOCATION.

IT'S A VERY TOUGH LOCATION.

AGAIN, IT CAN ONLY GET IN IT FROM ONE WAY.

SO THIS, HOPEFULLY IT'LL BE REALLY SUCCESSFUL.

I HOPE SO.

WE LIKE, WE LIKE SUCCESSFUL BUSINESSES IN, IN GREENBERG.

SO, CAN I HAVE A, A MOTION TO APPROVE THIS SPECIAL PERMIT? SO MOVE.

SO MOVED.

IT WAS CORRECT.

OKAY.

COR, CAN I HAVE A SECOND? .

CAN I HAVE A SECOND? SECOND.

SECOND.

AISHA ALL IN FAVOR? AYE.

ALL OPPOSED? OKAY.

THAT'S DONE.

YOU'RE ALL SET.

WE'LL GET THIS SIGNED BY THE END OF THE WEEK FOR YOU SO YOU CAN PICK IT UP.

GOOD LUCK.

GOOD LUCK.

THANK YOU.

OKAY, REGENERON.

UM, I THINK WE HEARD THIS A FEW TIMES IN A WORK SESSION AND PUBLIC HEARING AND ALL THAT.

IS THERE ANYTHING THAT WE DON'T KNOW ABOUT THE SPECIAL CONDITIONS THAT WE SHOULD KNOW ABOUT THAT THAT PLENTY OF? I KNOW IT'S 14, A 14 PAGE.

UH, WELL A LOT OF IT IS ALL THE DIFFERENT ARE READ OUT OF PAPER PRINTING.

THIS TODAY.

I HAVE EMAIL FOR THE RECORD.

NO.

SO, YOU KNOW, TYPICALLY I LOOK FOR THE, THE SITE SPECIFIC, BUT THERE'S NOTHING OUT OF THE ORDINARY HERE.

OKAY.

UM, THERE ARE CONDITIONS, YOU KNOW, AS PART OF THE TOWN BOARDS SITE PLAN AND WE MAKE REFERENCE TO THOSE IN CONDITION 3.1 THAT THE APPLICANT SHALL COMPLY WITH ALL THOSE.

THEN WE JUST HAVE OUR STANDARD.

BUT YOU KNOW, THE MASTER SITE PLAN THAT WAS AT, THAT WAS PART OF THE MASTER SITE PLAN, CORRECT? YEAH.

OKAY.

AND THEN, UM, WE HAVE A T THE TYPICAL STEEP SLOPE WETLAND WATER COURSE CONDITIONS.

OKAY.

WE DON'T HAVE TREE REMOVAL CONDITIONS IN HERE BECAUSE THAT FELL WITH THE TOWN BOARD.

OKAY.

ALRIGHT.

[00:20:01]

ALL RIGHT.

UH, ANY QUESTIONS FROM, UH, THE AUDIENCE WHO'S, YEAH, WALTER A YEAH.

UM, UH, AT THE LEFT MEETING I INDICATED THE NEED FOR SOME SORT OF TRAFFIC SLOWING DEVICE AS YOU COME DOWN ONE, UM, THE SAWMILL RIVER ROAD.

AND YOU MAKE THAT VERY DIFFICULT RIGHT HAND TURN.

UH, REGENERON SAID THAT THEY SPOKE TO, UH, THE STATE AND THE STATE DIDN'T SEEM VERY ENTHUSIASTIC ABOUT DOING ANYTHING.

AND WE SAID THAT WE SHOULD.

NEVERTHELESS, WE WANT THEM TO GO BACK TO THE STATE TO SEE IF ANYTHING COULD BE DONE.

SO I THINK THAT SHOULD BE PART OF THE, THE CONDITIONS THAT THEY WILL NEVERTHELESS KEEP, UH, UM, UH, MAINTAIN AN EFFORT TO GET THE STATE TO DO SOMETHING WE DID.

WE ARE NOT MAKING IT MANDATORY THAT, UH, THE HOLD UP THE PROJECT, BUT WE JUST WANT THEIR COMMITMENT THAT THEY DON'T GIVE UP AND KEEP ON PRESSING THE STATE TO PUT SOME SORT OF TRAFFIC COMMON DEVICE AT THAT DANGER.

UH, LEFT HAND TURN RIGHT HAND.

WALTER? I THINK IT'S A GREAT IDEA EXCEPT FOR TWO THINGS.

ONE, THAT'S REALLY A SITE SITE PLAN ISSUE, NOT A STEEP SLOPE OR WETLAND WATERCOURSE ISSUE.

SHOULD HAVE SECOND.

I'M SURE WE CAN GET A PROMISE FROM COUNSEL WHO'S SITTING THERE NODDING HER HEAD NICELY.

UM, THAT, UH, THAT REGENERON WILL AT LEAST ATTEMPT TO DO THAT WITH THE DOT.

IT'S REALLY USE ITS BEST EFFORTS.

USE ITS BEST EFFORTS.

OKAY.

YEAH.

LONG AS THAT'S, THAT'S THE CASE BECAUSE, UH, IT, IT IS REALLY BEEN, UH, UH, WE HAVE A VERY EXCELLENT WORKING RELATIONSHIP YEAH.

WITH REGENERON.

THEY'RE VERY GOOD AND, AND, AND, AND ADHERING TO, UH, UM, YOU KNOW, THE CODE AND WHAT WE ASK THEM TO DO.

I JUST ASK THAT THEY CONTINUE TO DO THAT WITH THAT, UH, RIGHT HAND.

AND THEY AGREED THEY'LL MAKE A GOOD FAITH EFFORT TO DO THAT.

BUT THEY, AT THE END OF THE DAY, IT'S GONNA BE THE DOT'S DECISION THOUGH.

JUST SO SO EVERYBODY KNOWS THAT I, I'M SURE THE.IS CONCERNED ABOUT SLOWING TRAFFIC DOWN ON, ON NON, NON A, UM, SO, YOU KNOW, SOMETIMES THEIR OBJECTIVES AND OURS ARE DIFFERENT JUST THE WAY IT IS, UNFORTUNATELY.

BUT THAT'S THE WAY IT IS.

SO, UM, AND I'M, I AM CONFIDENT THAT, UH, THAT GENERAL WILL MAKE THE BEST EFFORTS IN COUNSEL ON THIS.

YEP.

YOU'VE BEEN VERY COOPERATIVE IN EVERYTHING WE'VE DONE AND I WANT TO STATE THAT FOR THE RECORD.

OKAY.

CAN I HAVE A MOTION THEN TO APPROVE THE, UH, STEEP DO WE DID SECRET ON THIS? NO, WE BOARD TO BOARD DID SECRET, UM, TO APPROVE THE PLANNING BOARD STEEP SLOPE PERMIT THEN SO MOVED.

WALTER, CAN I HAVE A SECOND? CORRECT.

SECOND.

WAS THIS SECOND? ALL IN FAVOR? AYE.

AYE.

ALL OPPOSED? OKAY.

NO ABSTENTIONS.

SECOND.

CAN I, UH, HAVE A MOTION TO APPROVE THE WETLAND WATERCOURSE PERMIT SUB MOVE.

WALTER, DO I HAVE A SECOND? SECOND.

SECOND.

IS TOM ALL IN FAVOR? AYE.

AYE.

I'LL OPPOSE.

OKAY.

THANK YOU VERY MUCH.

GOOD, GOOD LUCK.

KEEP EXPANDING HIRING PEOPLE AND MAKE SURE THAT THEY ALL SHOP IN GREENBURG, , .

IT CAN BE A CONDITION.

NONE OF THIS MOUNT PLEASANT STUFF.

OKAY.

I LOVE THE GUY, PEOPLE IN MOUNT PLEASANT, BUT I WANT THEM SHOPPING IN GREENBURG.

YOU GOT THAT .

I GOT IT.

BRING IT BACK TO YOUR CLIENT.

THANK YOU.

THANK YOU.

HAVE A GREAT NIGHT MR. PRETENDING.

HI.

HOW YOU DOING? IT'S BEEN A WHILE.

YEAH, IT SURE HAS.

HERE BACK ON HAN AVENUE TOO.

HAVE YOU BEEN OUT IN A ROWBOAT LATELY OR SOMETHING? HAVE WE'VE MISSED YOU? UH, YEAH, WE WERE THREATENING TO DO THAT AGAIN.

OKAY.

WELL, UM, WE'LL WAIT, WE'LL WAIT, UH, UNTIL MICHAEL GETS BACK.

JUST GIMME A, GIMME A MINUTE.

OKAY, SURE.

I THINK I CAN SAY IN IN ADVANCE OF THAT, HERE'S AGO HAN FORGOT TO SEND, I'M RUNNING 10 30 MINUTES BEHIND.

DON'T TELL 'EM WE'RE ALMOST DONE.

IT'D BE BE GREAT.

SO YOU SHOW UP AT EIGHT AND WE WON'T BE HERE .

UM, OKAY.

BEFORE WE GET STARTED, I MEAN WE'VE OBVIOUSLY, DO YOU WANT TO GIVE THE CASE NUMBER? OH, I'M SORRY.

THANK YOU VERY MUCH TOM.

UH, CASE PB 1709.

THAT MEANS IT GOES BACK TO 2017 PRIZER.

IT'S, UH, ONE 10 NEHA AVENUE.

THIS IS A SITE PEN RE-APPROVAL REQUEST.

UM, AND JUST THE BACKGROUND ON IT FOR EVERYBODY.

I DON'T, SOME OF YOU WEREN'T ON HERE BEFORE MY TIME.

MR. PETTI IS PROBABLY THE SINGLE MOST EXPERT ON WHAT HAPPENS IN THE FLOOD ZONES OF GREENBERG, OF ANYBODY HAS SPENT A HUGE AMOUNT OF TIME ANALYZING THAT THING THAT IN THIS PARTICULAR

[00:25:01]

CASE, THIS IS A, UH, A SHOP THAT WORKS ON LARGE TRUCKS, LIKE 18 WHEELERS, SOMETIMES PANEL TRUCKS, BUT, YOU KNOW, SIGNIFICANTLY SIZED TRUCKS.

AND THEY'RE RIGHT IN THE MIDDLE OF A FLOOD ZONE.

SO WHAT THEY WANTED TO DO WAS TEAR DOWN THEIR BUILDING AND BUILD A BUILDING HIGH ENOUGH WITH A RAMP THAT THE FLOOD WATER WENT UNDERNEATH IT.

AND WE LOOKED AT THAT.

WE LOOKED AT WHAT THE DIRECTION OF THE FLOOD WATER WAS GONNA BE.

WE SPENT A HUGE AMOUNT OF TIME ON THIS SITE PLAN BACK IN 2017.

LIKE WE, AND, UM, THAT'S, NONE OF THAT'S CHANGED.

THERE'S ONLY ONE THING THAT'S CHANGED ACTUALLY IN THIS WHOLE THING.

THIS IS REALLY A, A B2B BUS.

COMPLETELY A B2B BUSINESS.

OKAY.

YOU KNOW, TRUCKER BRINGS IN THE TRUCK, THEY'RE HAVING A REFURBISHED FIX THERE.

IT'S NOT PEOPLE DRIVING IN AND OUT LIKE IT'S A EVEN A REGULAR BODY SHOP.

OKAY.

WHERE THERE MAYBE PEOPLE DRIVING IN OUT TO GET ESTIMATES.

IT'S NOT THE SAME THING.

BECAUSE OF THAT, AT THE TIME, WE GAVE THEM A VERY SIGNIFICANT, UH, PARKING RECOMMENDED, A POSITIVE RECOMMENDATION TO THE ZONING BOARD TO REDUCE THE PARKING REQUIREMENT, WHICH SEEMS A LITTLE BIT EXCESSIVE TO BEGIN WITH, IN MY VIEW, FROM A HUNDRED SPACES DOWN TO 17.

UM, WE FELT AT THE TIME, AND THIS IS BEFORE WE CHANGED OUR POLICY OF HOW WE DO POSITIVE AND NEUTRAL AND AND THINGS LIKE THAT.

WE JUST STARTED STARTING IN THEIR PROJECTS.

SORRY, I WAS AT AWAKE.

UH, THAT'S ALL RIGHT.

SORRY TO HEAR YOU JUST STARTED.

OKAY.

UM, WE, WE DIDN'T, WE, WE DIDN'T FEEL LIKE, UM, THERE WAS AN, THERE WAS A NEED FOR ALL THOSE EXCESS PARKING SPACES.

THE, THE, UH, ZONING BOARD DIDN'T AGREE WITH US.

THE ZONING BOARD SAID, I, I HEAR YOU, BUT I DON'T WANT ANY PARKING ON THE STREET.

AND THEY HAD HAD AN ARRANGEMENT WITH A, A PROPERTY ACROSS THE STREET FOR 25 SPACES TO LEASE 25 SPACES.

AND THEY THOUGHT AT THE TIME THEY WERE GONNA BE ABLE TO RENEW THAT UP, THAT LEASE WITH THEM.

UNFORTUNATELY, THINGS CHANGED.

THE OWNER CHANGED AND DOESN'T WANT TO GIVE UP THE 25 SPACES.

SO HERE WE ARE NOW IN 2024, THEM STILL WANT, THE FLOOD WATERS HAVEN'T GOTTEN ANY BETTER 'CAUSE PAUL DIDN'T BUILD THE DAM.

HE PROMISED TO BUILD AROUND NEW BUILDING.

UM, AND THEY CAN'T GET THE 25 SPACES NOW.

SO WE'RE BACK TO THE RECOMMENDATION THAT WE MADE IN, UH, 2017.

AND THAT'S REALLY THE ISSUE HERE IN RENEWING IT.

HAVE I LEFT ANYTHING ELSE? NO, NO.

IT'S, IT'S PRETTY MUCH, UH, WAIT, I DON'T, I DON'T UNDERSTAND ANY OF THIS.

UM, I WAS HERE IN 2017, I THINK.

YES, YOU WERE.

YOU EMBODY, IF NOT IN SPIRIT.

UM, I THINK IN BOTH.

WHY, WHY DIDN'T, WELL YOU GOT THE APPROVAL ORIGINALLY, WHATEVER IT WAS, 27 TO 2018.

YEAH.

J JUST TELL US WHY YOU DIDN'T GO AHEAD AND BUILD A BUILDING.

IS IT BECAUSE YOU DIDN'T GET THE POLICE TO COME GET MIKE? 'CAUSE WE'RE ON TV.

YEAH.

I'M NOT, I'M NOT BEING CRITICAL.

JUST, I'M JUST TRYING TO-AND STATE YOUR NAME FOR THE RECORD.

MY NAME'S GLEN PIZER.

I OWN ONE 10 NPP AVENUE, BUT I ALSO OWN 23 AND 25 WAREHOUSE LANE.

RIGHT BY SAM'S.

YOU, SORRY.

PLEASE MAKE SURE THAT THE MIC IS ON AT THE PODIUM.

SHOULD BE A IT'S ON BUTTON.

GOT A GREEN LIGHT? NO, ON THE BOTTOM.

NO, IT'S ON IT'S LIT.

JUST SPEAK IT, IT MAY BE DIRECTIONAL, IT'S GREEN.

YEP.

YEP.

JUST SPEAK INTO IT.

ALL RIGHT.

MY NAME'S GLENN ER, I OWN ONE 10 NHAN AVENUE AND I ALSO OWN 23 AND 25 WAREHOUSE LANE BECAUSE OF ALL THE FLOODING IN THE PAST SEVERAL YEARS, I SPENT MY ENTIRE LIFE SAVINGS THAT I HAD TO PAY FOR THE BUILDING TO DO ONE 10 NHAN, BUT 23 AND 25 FLOODED SEVERAL TIMES AS WELL.

AND I'VE, I'VE LOST MILLIONS OF DOLLARS BETWEEN THE PAST FIVE YEARS AT, AT OWNING THOSE THREE PROPERTIES.

SO EITHER I HAVE TO SELL ALL THREE PROPERTIES, OR I HAVE TO BUILD THEM UP AND GET OUT.

I CAN'T AFFORD TO DO THIS ANYMORE.

EVERY, EVERY FLOOD.

IT LITERALLY COST ME A HUNDRED TO $200,000 WHEN I HAVE NO DAMAGE WHATSOEVER.

IT JUST, AND IT'S GETTING OUTTA CONTROL.

SO, OKAY.

ARE, ARE YOU SAYING YOU DIDN'T PROCEED WITH THESE PLANS BECAUSE OF FINANCIAL REASONS? WE UNDERSTAND.

WE, BECAUSE WE HAD FLOODS AT ONE 10 HAN AVENUE AND I SPENT LIKE $800,000 OF MY MONEY PAYING FOR ALL THE DAMAGES.

SO, AND, AND, AND WHAT'S THE DIFFERENCE BETWEEN THIS APPLICATION AND THE ONE THAT WAS APPROVED? AND I I'LL EXPLAIN THAT.

GO AHEAD, PLEASE.

THERE IS NO CHANGE YEAH.

TO THE SITE PLAN APPLICATION.

RIGHT.

FOR THE PREVIOUSLY ISSUED LANDSCAPE BUFFER WAIVERS, IT SIMPLY EXPIRED LIKE FOUR YEARS AGO.

SO HE'S IN TO REQUEST RE-APPROVAL OF THE SAME PROJECT.

ALRIGHT.

THE ONE CHANGE IS THE FACT THAT THE ZONING BOARD,

[00:30:01]

WHEN IT ISSUED THE VARIANCE ON OFF STREET PARKING SPACES CONDITIONED THAT THE APPLICANT SECURE A LEASE OFF FOR THE 25 SPACES FOR 25 SPACES.

SO NOW THAT'S OFF TO TAKE.

THEY HAD AGREED, THEY HAD AGREED TO PURSUE THAT, BUT THEY WEREN'T ABLE TO GET A BUILDING PERMIT UNTIL THEY SHOWED A COPY OF THE LEASE AND FILED IT WITH THE COUNTY.

THEY'RE UNABLE TO GET THAT LEASE NOW.

SO THEY'RE GOING BACK TO THE ZONING BOARD AT THE SAME TIME.

THEY'RE COMING BEFORE THIS BOARD IN ORDER TO SEEK RELIEF ON THAT CONDITION.

HOW MANY PARKING SPACES DO YOU HAVE? 17.

SAME.

17.

17, RIGHT.

OKAY, GO AHEAD.

NO, GO AHEAD.

YEAH, SO HERE'S THE, HOLD ON FOR A SECOND.

GO AHEAD PAUL.

ALRIGHT, SO HERE'S THE SITUATION.

OKAY.

YOU GOTTA TALK INTO THE MIC, PAUL.

OKAY.

SO, UH, YES, WE CAME BEFORE THE PLANNING BOARD, WE WENT TO THE ZONING BOARD.

OKAY.

AND I WAS KIND OF FRUSTRATED WHEN I WENT TO THE ZONING BOARD BECAUSE, YOU KNOW, FUNDAMENTALLY WHAT I'M DOING HERE IS ACTUALLY TRYING TO, UH, MEET THE, THE BUILDING CODE OKAY.

AND PUT THE BUILDING UP OKAY.

HIGH WHERE IT BELONGS IN ACCORDANCE WITH THE STATUTORY REQUIREMENTS IN THE BUILDING CODE TO BE THREE FEET ABOVE THE BASE FLOOD ELEVATION, THE A HUNDRED YEAR.

OKAY.

AND WE, WE, WE ALWAYS GO OVER THE A HUNDRED, YOU KNOW, MORE, MORE THAN WITH MORE FREQUENCY THAN, YOU KNOW, YOU'RE SUPPOSED TO GET ONE A YEAR.

AND THAT'S IT.

OKAY.

WE'RE GETTING TWO, THREE, SO, YOU KNOW, WE ARE GONNA RAISE IT UP TO WHERE IT'S SUPPOSED TO BE.

OKAY.

AND THAT'S, UH, 180, UH, 0.3.

OKAY.

'CAUSE THE, THE BASE FLOOD ELATION 1 1 77 0.3.

SO, YOU KNOW, THE ZONING BOARD I KIND OF GAVE INTO THE ZONING BOARD AND I TRIED TO EXPLAIN TO THEM, LOOK, IF YOU PUT CARS ACROSS THE STREET, OKAY, IT EXACERBATES THEIR PROBLEM.

BECAUSE NOW YOU, IF YOU PUT CARS ACROSS, ACROSS THE STREET IN A LEASE SPACE, WHEN IT, WHEN WE GET THESE STORMS, WHICH HAP ARE HAPPENING THREE OR FOUR TIMES, YOU GOTTA RUN DOWN THERE.

YOU GOTTA GET ALL THE VEHICLES OUT, YOU GOTTA DRIVE 'EM AWAY JUST AS YOU DO ON, ON, ON ONE 10.

OKAY? ALSO WITH, UH, 23 AND 25.

SO, YOU KNOW, JUST, I HAVE TO GO BACK AND EXPLAIN TO THE ZONING BOARD.

IT'S, IT'S, IT'S A USELESS PROPOSITION TO PUT CARS IN IN THE PARKING, PARKING ACROSS THE STREET.

THE OTHER THING IS, THE BUILDING'S GONNA BE, HAVE A RAMP UP.

YOU'RE GONNA BE DOING HEAVY TRUCKS IN THERE, OBVIOUSLY HEAVY TRUCKS AND VEHICLES.

YOU CAN'T GET 'EM OUT FAST ENOUGH WHEN IT, WHEN THESE FLOODS COME SO, WELL, PAUL, IT SEEMS TO ME THE ISSUE HERE IS THE PARKING SPACES.

YEAH.

SO YOU HAVE 17 PARKING SPACES ABOVE THAT 180.3 LEVEL, RIGHT? WE HAVE, WE HAVE NO, WE HAVE SOME ON THE SITE.

OKAY.

IF YOU GO TO THE SITE PLAN, WELL, HOW MANY ARE ON THE SITE? OKAY.

SO LOOK, LOOK AT THE PICTURE UP THERE.

YEAH.

OKAY.

WHAT YOU'RE DOING IS YOU SEE THAT THE BUILDING HAS BIG TRUCKS IN IT, RIGHT? A COUPLE CARS FOR DEMONSTRATION PURPOSES.

THE GRAY, THE GRAY IS THE BUILDING.

OKAY.

THE NEW BUILDING.

OKAY.

AND THEN THERE'S A RAMP COMING UP TO IT.

OKAY.

WHICH GETS UP TO ELEVATION 180, UH, 0.3.

OKAY.

AND, UH, I WILL TELL YOU THAT THAT WATER WILL GET UP TO THE TOP OF THAT RAMP.

BUT PAUL, HOW MANY OFF, OFF STREET PARKING SPACES DO YOU HAVE FOR, YOU KNOW, ONE 10? OKAY.

WE, 17.

17 WE HAVE ANOTHER PLAN THAT SHOWS 1717.

IF YOU, IF YOU COUNT THE ONES IN THERE AND THE ONES OVER THERE, AND A COUPLE SPACES OVER THERE WHERE THE EXISTING BUILDING IS, WHERE THAT'S COMING DOWN.

YOU HAVE 17.

HOW MANY, HOW MANY DO YOU NEED? HOW DO YOU NEED? YEAH.

HOW MANY YOU NEED? PROBABLY ABOUT EIGHT.

SHE SHOULD, DO YOU HAVE, DO YOU HAVE AN EXPERT WHO'S ANALYZED THE PARKING REQUIREMENTS? WHO HAS ISSUED A REPORT THAT YOU COULD TAKE TO THE ZBA? UH, I LISTEN IF I HAVE TO DO THAT.

OKAY.

IT MAKES NO HORSE SENSE WHATSOEVER.

LET ME JUST TRYING TO REPEAT WHAT I SAID.

I'M TRYING TO HELP YOU HERE.

I I KNOW BECAUSE, BECAUSE I KNOW.

BUT WE'RE SYMPATHETIC ABOUT, YOU KNOW, THE FACT THAT GREENBERG REQUIRES OVER PARKING.

IF YOU SAY EIGHT, I TAKE YOUR WORD FOR IT AS I TAKE YOUR CLIENT'S WORD FOR IT.

YEAH.

THAT'S ABOUT, YEAH.

BUT YOU DIDN'T DO SO WELL LAST TIME WITH THE ZBA BECAUSE THEY REQUIRED YOU TO LEASE THESE 25 SPACES ACROSS THE STREET.

WHY MAKE THE SAME MISTAKE TWICE? WHY DON'T YOU GET A LITTLE MORE AMMUNITION IN YOU? ALL RIGHT.

LET, SO INSTEAD OF YOUR CLIENT LOSING ANOTHER 200,000 NEXT YEAR, SPEND A COUPLE OF THOUSAND BUCKS, HIRE AN EXPERT AND GET A REPORT THAT YOU COULD SUBMIT TO THE ZBA.

UH, SO IF I MAY KURT'S BEEN, KURT'S BEEN WAITING.

YEAH.

AHEAD.

CORRECT.

WELL, I WANT ANSWER YOU, YOU AS WELL.

NO, WALTER AS WELL.

OKAY.

THANK YOU KURT.

THEN WALTER, I THINK THE FUNDAMENTAL PROBLEM IS THAT THE, THE STREET FLOODS IT.

AND THAT'S WHY THEY, AND, AND ANY, ANY AMOUNT OF THE THINGS YOU DO IS THE, THE APPLICANT'S GOING TO

[00:35:01]

LOSE LOT OF MONEY BECAUSE THEY WON'T BE ABLE TO DO BUSINESS.

AND WHEN WE APPROVED IT, IT WAS A REALLY VERY, UH, TOUCHY ISSUE.

THEY'RE RAISING THE WHOLE BUILDING AND PUTTING UP A NINE FOOT HIGH WALL TO PROTECT THEIR, THE WATER DOESN'T COMING IN.

BUT THE FUNDAMENTAL QUESTION IS THAT THE WHOLE AREA, BECAUSE OF, UH, THE KIND OF, UH, INCREASED, UH, BAD CLIMATE CONDITIONS, IT IS BECOMING A NON-USABLE AREA.

AND I THINK THAT IS A SORT OF MAJOR ISSUE WHEN THEY CAME ON 1917 OR 2017 TO REALLY GET US TO RECOMMEND WE, RATHER THAN FOLLOWING THE LAND USE AND THE CONDITION OF THE AREA FOR PROMOTING BUSINESS, WE APPROVED IT.

THEN THEY WENT TO, WITH GIVE A POSITIVE RECOMMENDATION, WHICH IS, UH, ZONING BOARD DID NOT LIKE IT APPARENTLY.

AND THEY PUT ADDITIONAL CONDITION, WHICH IS WHAT REQUIRED.

SO MY FUNDAMENTAL QUESTION IS THAT WHY THEY DON'T GO BACK.

AND I THINK, UH, MICHAEL SUGGESTED SOME, SOME BETTER IS TO CONVINCE GBA, BUT I THINK IT'S NONE OF OUR BUSINESS IN PLANNING BOARDS TO INTERFERE ANOTHER, ANOTHER BOARD'S RECOMMENDATION, LETTING GO AND GET THE APPROVAL FROM THE ZONING BOARD.

I DON'T UNDERSTAND WHY THEY COME US TO, UH, I DON'T KNOW WHAT, WHAT IS THE REASON FOR US TO COME SO WE MAKE ANOTHER SAME MISTAKE OF RECOMMENDING POSITIVELY SO THEY CAN GO BACK TO ZONING BOARD.

I THINK WE HAVE VERY SMARTLY ADAPTED POLICY THAT WE SHOULD NOT INTERFERE INTO THE ZONING ISSUE.

OKAY.

AND I THINK WE ARE, WE ARE DOING IT AGAIN.

AND , WE HAVEN'T DONE ANYTHING.

WE HAVEN'T DONE ANYTHING YET.

OKAY.

WE HAVEN'T DONE ANYTHING WHAT WE'RE DISCUSSING.

OKAY.

SO THAT'S IT.

THAT, THAT'S WHAT I WANT TO SAY THAT IN CONVERSION, LET THEM GO TO PLANNING BOARD AND COME BACK TO US, AND THEN WE WILL LOOK AT IT.

THANK YOU.

OKAY, WALTER, AND THEN I, THEN AARON HAS SOMETHING TO SAY.

OKAY.

THE, THE FIRST ISSUE, UH, OF, OF THE FLOODING, I MEAN WE HAVE, WE HAVE, UH, UH, TALK THAT WE, UH, RETI HAD DONE AN EXCELLENT JOB.

UH, UH, MOHAMED WHO WAS ON THE BOARD AT THAT TIME.

YEAH.

THEY, THEY DID AN EXCELLENT JOB.

AND, UH, AND THE FLOODING ISSUE, THEY HAVE AN EXCELLENT DESIGN.

SO THE FLOODING, I THINK IS NOT THE ISSUE HERE.

AND I TOTALLY AGREE WITH, UH, MICHAEL, IS, IS IS THAT THE, UH, WE NEED TO CLEARLY ESTABLISH HOW MANY SPACES THAT YOU NEED TO RUN THE BUSINESS AND GET AN EXPERT TO DO THAT.

AND RATHER THAN GOING BACK TO THE ZONING BOARD AND SAY, I NEED RELEASE, GO FULLY ARMED WITH THE DATA FROM AN EXPERT THAT SAYS, I COULD OPERATE THIS BUSINESS AT WITH 17 PARKING SPACES, WHEREVER THE NUMBER IS.

AND THAT'S THE WAY TO GO.

'CAUSE I BELIEVE THAT, UH, THIS PLANNING BOARD IS THE, IS FULLY SUPPORTIVE OF THIS PROJECT BECAUSE WE WOULDN'T APPROVED IT LAST TIME.

BUT YOU NEED THE AMMUNITION TO CONVINCE THE ZONING BOARD THAT, UH, UH, UH, 17 SPACES ARRIVAL.

UH, IT MAKES NO SENSE TO ME TO HAVE CARS IN A LOT THAT IS PRONE TO FLOODING.

SO, SO IT MAKES SENSE TO, TO, TO ASK FOR RELIEF, BUT YOU HAVE TO HAVE THE DATA.

AARON.

OKAY, SO AARON, WHAT'S YOU, A LOT OF QUESTIONS TO ANSWER, RIGHT? UH, FIRST OFF, WITH RESPECT TO THE ZONING BOARD AND THE RECOMMENDATION THAT THIS BOARD MADE TO THE ZBA, UH, SOME YEARS AGO, MY UNDERSTANDING OF HOW IT WENT DOWN WITH THE ZBA IS THAT IT DID NOT REJECT THE PLANNING BOARD'S POSITIVE RECOMMENDATION SPECIFIC TO OFF STREET PARKING.

RATHER, THE ZONING BOARD'S JOB IS TO CONSIDER ALL ASPECTS OF THE REQUEST AND THEN GRANT THE LEAST AMOUNT OF RELIEF THAT IT CAN.

SO THE APPLICANT'S REQUEST AT THE TIME WAS 102 PARKING SPACES REQUIRED BECAUSE IN AUTOMOTIVE REPAIR USE, WHICH YOU WOULD THINK OF A TYPICAL GARAGE THAT YOU OR I ARE BRINGING OUR VEHICLES TO COVERS, EVERYTHING REQUIRES ONE PER 100 SQUARE FEET.

[00:40:01]

THE BUILDING'S ROUGHLY 10,200 SQUARE FEET REQUIRING 102 PARKING SPACES.

THEY WORK ON BY CODE, BY CODE.

THEY WORK ON LARGE TRUCKS.

THEY HAVE A LIMITED NUMBER OF EMPLOYEES.

THEY WERE DEMONSTRATING THAT THEY COULD PROVIDE 17 SPACES.

WELL, THE ZONING BOARD ASKED THEM, IS THERE ANY OTHER OPPORTUNITY? THAT'S A SIGNIFICANT VARIANCE WHEN YOU LOOK AT PERCENTAGES, THE CODE IS WHAT THE CODE IS.

IT MAY NOT BE PERFECT, BUT IT IS WHAT IT IS.

SO, IN CONVERSATIONS WITH THE APPLICANT, AND CUT ME OFF IF I'M WRONG HERE, SAID, IS THERE ANY OTHER OPPORTUNITY FOR YOU TO HAVE, UH, ADDITIONAL OFF STREET PARKING SPACES? AND THEY CAME TO THE AGREEMENT THAT THERE WAS THE POTENTIAL FOR A LEASE ROUGHLY ACROSS THE STREET FROM THE ONE 10 NHAN AVE THAT HAD 25 AVAILABLE SPACES.

THEY KNEW ONE ANOTHER AT THE TIME SINCE.

SO THEY SORT OF AGREED TO PURSUE THAT ROUTE EVEN THOUGH THEY DIDN'T THINK THEY NEEDED THE SPACE.

RIGHT.

EVEN THOUGH THEY DIDN'T THINK THEY NEEDED THEM.

NO, THEY WEREN'T GONNA USE THEM IN THE FLOOD .

AND, AND THAT SATISFIED THE ZONING BOARD BECAUSE IT WAS LESS OF A VARIANCE GIVEN THE SATELLITE PARKING.

WELL, AS IT TURNS OUT, THE PROPERTY'S CHANGED HANDS.

HE CAN NO LONGER ACQUIRE A LEASE TO, TO UTILIZE THOSE SPACES, NOR DOES HE NEED THEM.

I I HAVE ANOTHER IDEA.

SO THAT'S HIS CASE.

SO HE'S ALREADY DEMONSTRATED THAT DUE TO THE NUMBER OF VEHICLES THAT THEY CAN WORK ON AT ANY GIVEN TIME, AND THE LIMITED NUMBER OF EMPLOYEES, UH, ASSOCIATED WITH THE USE, THAT THEY ONLY NEED NO MORE THAN 17.

PAUL, I KNOW YOU'RE A LITTLE RESISTANT TO MY SUGGESTION.

NO, BUT I'M GONNA PURSUE IT.

SO KEEP AN OPEN MIND, YOUR MIND.

OKAY, LISTEN, I, SO HERE'S ANOTHER IDEA.

LISTEN, HOLD ON.

YOU CAN HOLD ON, PLEASE.

LET, LET MICHAEL FINISH.

HERE'S ANOTHER IDEA, HOW YOU COULD DEMONSTRATE, YOU KNOW, THAT 17 IS ENOUGH.

FIND ANOTHER FACILITY WITH ROUGHLY THE SAME CAPACITY.

OKAY? THAT, THAT, LISTEN, FIND ANOTHER FACIL.

WILL YOU LISTEN TO ME? LET ME FINISH.

I'M LISTENING TO YOU.

BUT YOU LET 'EM FINISH AND THEN FINISH.

FIND ANOTHER OPERATING, WHETHER IT'S IN CONNECTICUT, THE BRONX, YOU KNOW, WHATEVER, ANOTHER FACILITY WITH ROUGHLY THE SAME CAPACITY THAT WORKS IN THE, ROUGHLY THE SAME NUMBER OF TRUCKS AT THE SAME TIME, THAT'S GONNA HAVE ROUGHLY THE SAME NUMBER OF EMPLOYEES WORKING THERE AND SEE HOW MANY PARKING SPOTS THEY NEED.

BECAUSE I'M GUESSING IF YOU'VE GOT 10 EMPLOYEES, HOW MANY EMPLOYEES DO YOU EXPECT TO HAVE? I HAVE FIVE.

LISTEN.

FIVE.

SO IF YOU HAVE FIVE EMPLOYEES, HOW MANY CUSTOMER PARKING SPOTS ARE YOU GONNA NEED? TWO.

IF YOU, IF YOU GIVE, IF YOU GIVE ME A CHANCE, I'M DONE.

NO, NO.

PAUL, NO, NO.

PAUL, GO THROUGH THE WHOLE THING.

YOU HAVE TO LET ME FINISH FIRST.

SEE, ONCE I FINISH YEAH.

THEN YOU CAN GO.

OKAY.

THAT'S THE WAY IT WORKS.

I'M DONE.

YOU'RE DONE, PAUL, GO AHEAD.

OKAY.

SO LISTEN, UH, FIRST OF ALL, UM, I WAS VERY FRUSTRATED WITH THE ZONING BOARD BECAUSE I KEPT TELLING HIM, YOU, YOU GOTTA REALIZE THAT THERE'S FOUR FEET OF WA WE'RE NOT FLOODS.

THERE'S FOUR FEET OF WATER IN THE STREET.

SO I JUST WANNA PUT THAT INTO CONTEXT.

OKAY? SO YOU TALK THROUGH THE MICROPHONE.

I CAN'T PULL IT.

OKAY.

SO WHEN IT FLOODS, AND THEY'RE FREQUENTLY FLOODS, AND I HAVE, AND I'VE BEEN GETTING HIGH WATERMARKS SINCE 2011, AND I I DID IT THIS YEAR, OKAY? THE WATER COMES UP FOUR FEET, OKAY? AND I, AND I WAS FRUSTRATED BY THE FACT THAT THEY WANTED TO GET 25 SPACES OFF STREET OFF THERE.

SO I, I, YOU KNOW, WE KINDA ACQUIESCED TO THAT.

THAT WAS, THAT WAS MY FAULT TO, TO DO THAT, OKAY.

WITHOUT BEING FIRMER ON IT.

SO I DID DEMONSTRATE TO THEM, I SAID, LOOK, YOU'RE GONNA PUT BIG TRUCKS UP HERE AND YOU'RE REALLY MERELY BRINGING THIS BUILDING ABOVE TO THE STATUTORY HEIGHT THAT THE, THAT THE, THE BUILDING CODE SAYS THREE FEET ABOVE THE BASE FLOOD ELEVATION.

OKAY? AND I, AND I HAVE EIGHT SPACES OVER THERE.

AND I REMEMBER DISTINCTLY WHAT I SAID, YOU HAVE EIGHT EMPLOYEES, YOU GOT EIGHT MECHANICS, OKAY? WORKING ON POSSIBLY 1, 2, 3, 4, 5, 6, 7, 8 TRUCKS IN CARS.

AND THOSE, THOSE TRUCKS, WHEN THEY GO IN THERE, THEY'RE, THEY'RE IN THERE FOR WEEKS.

OKAY? IF NOT A MONTH, BY THE TIME YOU GET PARTS, A LOT OF TIMES HE PULLS A WRECK OFF THE THROUGHWAY.

OKAY? OKAY.

AND YOU GOTTA PUT IT IN A SPACE THAT'S HIGH AND DRY AND JUST DEDICATE THAT SPACE TO WORKING ON LARGE TRUCKS.

YOU DON'T NEED MORE THAN EIGHT PARKING SPACES, OKAY? AND YOU'LL HAVE MORE.

OKAY? AND ON THAT RAMP IS THE EIGHT DEDICATED SPACES.

IT'S A REAL SIMPLE WAY TO FIX THIS, OKAY? WE'RE GROSS.

HOW, HOW LONG HAVE YOU BEEN IN BUSINESS? EXACTLY? 32 YEARS.

OKAY.

SO WE'RE NOT TALKING ABOUT A NEW CHICK-FIL-A OKAY, WE'RE NOT TALKING, WE DON'T NEED TO GO ANYWHERE ELSE.

WE DON'T NEED TO GO TO CONNECTICUT, RHODE ISLAND, MASSACHUSETTS, UNLESS YOU'D LIKE TO GO TO HAWAII AND WRITE IT OFF.

YOU'RE WELCOME TO DO THAT.

THERE'S NO REASON TO DO THAT.

YOU'VE BEEN IN BUSINESS 32 YEARS, YOU KNOW, YOUR BUSINESS.

THE SIMPLEST THING TO DO TO MICHAEL'S POINT, TO GIVE SOME DOCUMENTATION TO, TO THE ZONING BOARD, TAKE THE GOD DARN

[00:45:01]

PIC, COUPLE PICTURES, A FEW DAYS OF YOUR PARKING LOT, PERIOD.

THAT'S WHAT I WOULD DO.

NUMBER ONE, IS THIS FACILITY CURRENTLY OPERAT MICHAEL, MICHAEL? I'M TALKING THE ANSWER'S.

YES.

OKAY.

OKAY.

ALL RIGHT.

SO THAT'S NUMBER ONE.

OKAY.

SO MICHAEL IS ABSOLUTELY CORRECT.

ANYTHING YOU CAN GIVE THEM TO, TO, SO THEY CAN SEE WHAT IT IS.

WE'RE NOT TALKING ABOUT ROCKET SCIENCE.

WE'RE TALKING ABOUT BUSINESSES.

IN 13 YEARS, I THINK, YOU KNOW HOW MANY PARKING SPACES YOU NEED, I'M GUESSING SECOND OF ALL, IN A FLOOD, I ASSUME THAT IF SOMEBODY'S IN THERE, THEY PARKED IN THAT PARKING SPACE, THEY'RE GOING TO GO UP THE RAMP AND YOU'RE GONNA PUSH THEM IN TO, TO YOUR BUILDING ANYWAY.

YEAH.

RIGHT? AM I RIGHT IN THAT? CORRECT.

OKAY.

YOU'RE NOT GONNA LEAVE ANYBODY DOWN THERE EVENTUALLY.

AND GUESS WHAT? YOU GUYS AREN'T COMING TO WORK IN FOUR FEET OF WATER EITHER.

UNLESS, UNLESS THEY HAVE, UNLESS THEY BORROW, UH, IF THEY BORROW PAUL'S ROWBOAT, MAYBE, BUT MAYBE THAT'S PART OF YOUR SERVICE, PAUL.

I DON'T KNOW.

BUT, BUT YOU STILL HAVE IT.

OKAY, GOOD.

UM, BUT OTHER THAN THAT, I THINK WE'RE MAKING THIS VERY DIFFICULT.

OKAY? I THINK, WELL, WHAT YOU NEED TO DEMONSTRATE, I DON'T THINK THERE'S ANY, ANY DISCUSSION WHATSOEVER.

CORRECT ME IF I'M WRONG, GUYS, ON WHAT YOU'RE DOING AND WHY YOU'RE DOING IT.

OKAY? NUMBER ONE, THERE IS ANOTHER THING THAT WE CAN DO HERE THAT MAY MAKE IT MORE PALATABLE FOR THE ZONING BOARD.

AND THIS MAY BE THE CONCERN.

THEY'RE CONCERNED ABOUT PRECEDENT.

THAT'S THEIR RIGHT TO BE CONCERNED ABOUT PRECEDENT.

YOU KNOW, IF TOMORROW YOU DECIDE TO GO OFF TO HAWAII OR WHEREVER, OKAY? AND, AND JUST GIVE UP THE BUSINESS, UM, AND SOMEBODY COMES IN AND TURNS IT INTO A DIFFERENT USE, FOR EXAMPLE, TO A REGULAR BODY SHOP, OKAY? WHERE THE TRAFFIC MAY BE DIFFERENT, ALL RIGHT? THEY'RE WORRIED THAT THEY'VE SET A PRECEDENT, RIGHT? SO, AND WE TALKED ABOUT THIS WITH AMANDA THIS MORNING, AND WE'RE PRETTY SURE WE CAN LIMIT IT TO THE OCCUPANCY AND THE USE, CURRENT USE AND, AND RECOMMEND THAT TO THE ZONING BOARD.

SO WE'RE ONLY TALKING ABOUT SPECIFICALLY YOUR CURRENT SIT JOB SITUATION, WHICH SAVES YOUR BUSINESS.

NUMBER ONE, A VERY IMPORTANT BUSINESS IN OUR TOWN.

A VERY, VERY VITAL BUSINESS IN OUR TOWN.

HOPEFULLY THAT GETS AROUND THE PRECEDENT ISSUE WITH THE ZONING BOARD, WHICH IF I WERE THEM, I'D BE CONCERNED TOO.

I, WE, GOING FROM A HUNDRED TO 17, I'D BE CONCERNED ABOUT IT AND I'D BE ASKING FOR THE SAME THING THAT MICHAEL AND WALTER ASKED FOR IF I WERE THEM.

SO GIVE THEM SOMETHING AND SAY, LOOK, WE'VE BEEN IN 32 BIT YEARS, WE KNOW WHAT'S IN OUR PARKING LOT.

HERE ARE SOME PICTURES FROM A, FROM A WEEK.

A WEEK.

THAT'S ALL.

YOU KNOW, GET SOMEONE WITH A DRONE TO JUST FLY, FLY OVER THE PLACE OR WHATEVER YOU WANT TO DO.

YOU'RE GONNA EVEN NEED THAT WITH THAT SMALLER NARRATIVE.

BUT IF YOU WANNA DO THAT, YOU COULD DO THAT.

OKAY? GET A PHOTOGRAPHER.

NO, NO TRAFFIC CONSULTANTS, NONE OF THAT.

IT'S NOT, IT'S NOT TRAFFIC.

WHAT ARE THEY GONNA, WELL, THEY DO PARKING TOO, BUT, BUT WHAT ARE THEY GONNA DO? THIS ISN'T A SHOPPING CENTER WHERE YOU'RE CHANGING YOUR USE.

THIS IS AN ESTABLISHED BUSINESS.

32 YEARS OF A TRACK RECORD.

OKAY? THAT'S WHAT WE NEED TO DO.

OKAY? THAT IS WHERE I THINK WE'RE AT.

ALL RIGHT? THEN THE QUESTION IS, GUYS, GIVEN THE PUSHBACK WE GOT FROM THE, FROM THE TOWN BOARD, I MEAN THE ZONING BOARD, GIVEN THAT GIVEN WE HAVE TIGHTENED UP OUR, UM, CRITERIA AS TO WHEN WE GIVE A POSITIVE OR A NEUTRAL WOULDN'T BE NEGATIVE.

IT'D BE A POSITIVE OR NEUTRAL HERE, I THINK.

UM, I'LL OPEN THAT DISCUSSION NOW.

DID WALTER GET A CHANCE TO SPEAK, CORRECT? YEAH, HE DID.

HE DID.

OKAY.

MICHAEL, BEFORE YOU OPEN, MICHAEL HAD A QUESTION AND I'M HAPPY TO ANSWER BEFORE YOU OPEN.

I JUST WANTED TO ADVISE THE BOARD THAT BASED ON STAFF'S REVIEW OF THE FORMER PROJECT VERSUS THE CURRENT PROPOSAL FOR RE-APPROVAL, THERE'S A PROCESS AND STEPS THAT NEED TO BE TAKEN.

THIS BOARD WILL NOT BE IN A POSITION TO ISSUE ITS RECOMMENDATION TO THE ZBA TONIGHT.

AND THAT'S OKAY.

THE ZONING BOARD MEETING'S NOT GONNA BE UNTIL JULY 18TH.

OKAY.

SO FROM, SO I JUST, DID YOU MISS THE JUNE? DID YOU MISS THE JUNE? UH, YEAH, HE HAD TO GET THINGS IN TODAY.

I, I DIDN'T DO IT BECAUSE I, YOU KNOW, THIS, WE COULD MAKE A RECOMMENDATION WITH, WITHOUT DECLARING SEEKER RECOMMENDATION.

YOU CAN DO, YOU CAN'T, YOU CAN'T DO IT IN A DECISION, I BELIEVE, FOR RECOMMENDATION.

YOU DON'T NEED TO DO SEEKER, BUT THEY'RE NOT, I UNDERSTAND WHY YOU SAY THAT, THAT I SAID IF THEY WERE ON THE JUNE SCHEDULE, I'D BE FIGHTING WITH YOU, BUT I'M NOT, BECAUSE THEY'RE NOT ON THE JU SCHEDULE.

I JUST WANNA MAKE IT CLEAR WHAT THE WAS, BUT LET THERE, IN FACT, SO LISTEN, I, I DID NOT SUBMIT THE APPLICATION I WANTED TO COVER.

OKAY, SO YOU, YOU, THE EARLIEST WILL BE ON IS THIS DATE YOU'RE TALKING ABOUT.

RIGHT? SO THE PLANNING BOARD, THE FORMER PROJECT, AND THIS PROJECT WOULD QUALIFY AS A TYPE ONE ACTION UNDER SEEKER.

SO PROCEDURALLY, THE PLANNING BOARD TONIGHT SHOULD CONSIDER DECLARING

[00:50:01]

ITS INTENT TO SERVE AS LEAD AGENCY.

THAT BEGINNING TODAY WOULD KICK OFF A 30 DAY WINDOW FOR DISTRIBUTION OF THE ZBA TO THE NEW YORK STATE, DOT, WESTCHESTER COUNTY PLANNING BOARD AND VILLAGE OF OFFORD.

WE GET 30 DAYS FOR COMMENTS AND THEN COME BACK TO THIS BOARD ON JULY 17TH, WHICH IS A WEDNESDAY THAT'S I'M CHECKING PLANNING, PLANNING BOARD CANNOT ONLY DECLARE ITSELF LEAD AGENCY THAT EVENING CAN ALSO CONSIDER A SECRET DETERMINATION AND A RECOMMENDATION TO THE ZBA WITH THE ZONING BOARD MEETING BEING THE FOLLOWING NIGHT.

SO IT WOULDN'T SLOW IT DOWN.

WON'T SLOW IT DOWN AT ALL.

SO CARRYING OUT THIS PROCESS LIKE WE'VE LAID OUT, IS NOT GONNA INTERFERE WITH TIMING.

I, I WOULD JUST, AS I SAID CORRECT, ERIC, MICHAEL HAD A QUESTION FIRST.

HOLD ON MICHAEL, GO AHEAD.

I'M SORRY.

UM, IT WAS ANSWERED.

IT WAS ANSWERED.

OKAY.

ALRIGHT.

CORRECT.

YEAH.

WHO IS THE LEADER AGENCY? WHEN WE APPROVED THE, WE WERE PLANNING BOARD WAS A SITE PLAN FIRST.

AND THAT WAS A BIG SITE PLAN.

THERE WAS NO WAY WE WOULDN'T HAVE BEEN LEAD AGENCY ON THAT.

WE WOULD LEAD AGENCY.

YEAH.

AND, AND IN FACT I INCLUDED A COPY OF THE SEEKER DETERMINATION IN THE PACKAGES.

AND, AND IF WE DIDN'T THINK, AND IT WAS A CALL THAT TODAY THAT WAS MADE TODAY 'CAUSE IT WASN'T CLEAR BECAUSE WE DIDN'T THINK WE HAD TO REDO SEEKER, THEN WE WOULD'VE LET THE ZONING BOARD HANDLE THIS BECAUSE THEN THE WHEEL ONLY ISSUE WOULD'VE BEEN THERE.

BUT GIVEN IT'S BEEN SEVEN YEARS, I GUESS IS THE REASON LISTING THINGS LAPSE FOR THAT TIME AND WE HAVE TO REAPPROVE IT, EVEN THOUGH IT'S THE SAME THING WE HA HAVE TO DO SEEKER, RIGHT? THE TYPE ONE ACTION.

IT'S THE TYPE ONE ACTION.

SO IT'S BETTER THAT WE DO SEEKER AGAIN, IT'S NOT GONNA CHANGE ANYTHING.

IT'S NOT GONNA SLOW ANYTHING DOWN.

MM-HMM, .

OKAY.

'CAUSE WE KNOW, BUT WE NEED TO JUST GO THROUGH THE PROCEDURE.

AND WHEN YOU DECLARE A LEAD AGENCY, FOR THOSE WHO DON'T KNOW, YOU HAVE TO ASK THE OTHER AGENCIES IF IT'S OKAY WITH THEM, THEY GET 30 DAYS TO RESPOND.

THAT'S ALL.

BUT IT DOESN'T AFFECT YOUR TIMING, THIS, THIS TIMING AT ALL.

OKAY? AND I MAKE MOTION.

SO WE LEAD AGENCY TONIGHT.

YOU NEED A MOTION? I MADE THAT MOTION.

DO I HAVE A SECOND? SECOND.

SECOND.

ALL IN FAVOR? AYE.

I THINK THERE'S A COMMENT.

DO YOU HAVE A COMMENT BEFORE WE TAKE THE VOTE? CORRECT? YEAH.

I SAID, UH, CONSIDERING THAT THE MAIN ISSUE IS ZONING RELATED, WHY WE ARE TAKING THE LEAD INSTEAD OF ZONING BOARD BECAUSE IT'S A TI BECAUSE WE WERE ACTUALLY REAPP APPROVING THE SITE PLAN AND IT'S A TYPE ONE ACTION.

THAT'S NOT SOMETHING THAT ZONING POINT GENERALLY WORKS ON.

SO I I IT IS A COORDINATED REVIEW ANYWAY.

IT IS SO THAT, THAT THEY CAN GIVE THEIR COMMENTS BACK TO US.

AND THE OTHER THING IS THAT A, A VARIANCE OR A REQUEST TO AMEND THE CONDITION OF A VARIANCE ON ITS OWN QUALIFIES AS A TYPE TWO ACTION.

RIGHT? WHICH DOESN'T EVEN INVOLVE ANY FURTHER REVIEW UNDER SEEKER.

RIGHT? IN THIS CASE, THE SITE PLAN IS A TYPE ONE DOES, SO THE PLANNING BOARD WILL ACTUALLY TAKE A MORE IN DEPTH REVIEW EVEN THOUGH IT'S ALREADY DONE THAT PREVIOUS.

OKAY.

THAT'S WHY.

OKAY.

UH, WE HAVE A MO AARON EVEN THOUGH IT'S NOT CHANGED SITE PLAN, RIGHT? CORRECT.

THAT'S CORRECT.

YEAH.

SO WHAT WE ARE REALLY GOING REVIEW IN TERMS OF , WE'RE MORE OR LESS GONNA BE LOOKING AT OUR PRIOR SECRET DETERMINATION, SEEING IF THERE ARE ANY OTHER COMMENTS OR ADDITIONS AND THEN MOVING FORWARD, CORRECT ME IF I'M WRONG HERE, AMANDA, I THINK I'M RIGHT ON THIS.

OKAY.

I I KNOW YOU CORRECT ME IF I'M WRONG.

UM, THE GIVEN, IF WE, GIVEN WE HAVE, HAVE TO VOTE ON WHETHER ON RE RE-UPPING THE SITE SITE PLAN, REAPP APPROVING THE SITE PLAN.

MM-HMM.

TECHNICALLY IF WE MADE THEM LEAD AGENCY, THEY WOULD HAVE TO DO SEEKER ON THE ENTIRE THING, INCLUDING THE SITE PLAN, RIGHT? I DON'T SEE HOW, I DON'T SEE HOW IT'S APPROPRIATE FOR THEM TO BE LEAD AGENCY SINCE IT'S TYPE TWO ACTION.

UM, IF IT WASN'T A TYPE ONE ACTION, YOU KNOW, YOU MIGHT WANNA CONSIDER, UM, A SIMILAR ANALYSIS FOR LIKE WHEN YOU HAVE A-D-E-I-S OR FEIS.

IS THAT, IS THERE A CHANGE IN CONDITIONS? IS THERE A CHANGE IN CIRCUMSTANCES? A CHANGE IN PLANS? IS THERE ANY CHANGES HERE? THERE APPEAR TO BE NO CHANGES.

SO IT'S PRETTY, BUT THEY STRAIGHTFORWARD.

BUT YOU'RE ALMOST REOPENING THE, IF, IF YOU TRIED TO MAKE THEM LEAD AGENCY, WHICH DOESN'T MAKE ANY SENSE.

THIS IS NOT THE KIND OF THING THAT THEY, THEY DO GENERALLY, THEY WOULD TECHNICALLY HAVE TO GO, THEY WOULD EVALUATE, THEY WOULD HAVE TO REEVALUATE THE ENTIRE SITE PLAN.

WHICH WE DID.

WE, DID WE VOTE ON THIS MOTION OR NO, WE DIDN'T.

IT'S ON THE TABLE.

WE'RE IN THE DISCUSSION.

OKAY.

I'M READY FOR A VOTE.

ALL IN FAVOR? AYE.

ALL OPPOSED.

CURRENT? DID YOU VOTE? NO, I ABSTAIN.

ONE ABSTENTION ALL IN FAVOR? I'M SORRY, THAT CARRIES.

OKAY, IT CARRIES.

OKAY, SO THAT'S ALL, WE'RE GONNA DO THAT TONIGHT.

MM-HMM.

DECLARE OURSELVES LEAD

[00:55:01]

AGENCY, NO INTENT TO BE LEAVE AGENCY INTENT TO BE BE LEAD AGENCY.

OUR OFFICE WILL CIRCULATE TOMORROW TO THE OTHER AGENCY.

I ASK COMMENTS.

SURE, GO AHEAD MICHAEL.

UM, LOOK, CONSIDERING YOU'VE BEEN IN BUSINESS, HOW LONG, HOW MANY YEARS DID THIS SITE IN BUSINESS? I THINK IT WAS BUILT IN 64.

1964.

A LOT OF YEARS.

SO, YOU KNOW, OVER THE YEARS HOW MANY PARKING SPACES YOU'VE NEEDED HAVE UTILIZED, PUT SOMETHING TOGETHER.

TELL ME RIGHT NOW YOU ALREADY PARDON ME FOR NOT FOR US.

YOU, YOU GOT SIX.

BUT FOR THE ZBA, YES, I'VE BEEN, I'VE BEEN HERE A LOT LONGER THAN MOST PEOPLE THINK I HAVE.

OKAY? AND I'VE BEEN WATCHING THIS AREA FOR A LONG TIME.

.

OKAY? AND TO MY KNOWLEDGE, OKAY, WHAT DO YOU GOT? SIX PEOPLE IN THAT? SIX.

THAT'S ALL YOU NEED IS SIX.

OKAY.

THAT'S TELL 'CAUSE I DID THE, I DID THE APPROVAL.

YOU ARE PREACHING TO THE CHOIR WHAT HE'S SAYING.

YEAH.

TELL THE ZBA, LISTEN TO THE MAN, TELL THE ZBA WE'RE TRYING TO HELP YOU AND DON'T TELL HIM ORALLY.

PUT SOMETHING IN WRITING.

PUT YOUR HEADS TOGETHER AND FIGURE OUT'S TO DOCUMENT.

IT ALSO HELPS US.

YOU'VE GOT, YOU'VE GOT A MONTH BEFORE THE ZBA MEETING.

WHY DON'T YOU JUST TELL 'EM HOW MANY PARKING SPACES WERE UTILIZED EVERY WORKING DAY OF THE MONTH BETWEEN NOW AND THE ZBA MEETING.

THAT'S ALL.

IT'S GOOD INFORMATION.

I'M TRYING TO HELP YOU.

THAT HELPS, HELPS YOUR APPLICATION.

OKAY, LISTEN, ONE OTHER POINT I WANNA MAKE, YOU KNOW, WE HAD ANOTHER APPLICATION ON 23 AND 25 WAREHOUSE LANE AND, AND THE ZONING BOARD WAS VERY GOOD AND THE PLANNING BOARD WAS GOOD ON THAT, UNDERSTANDING THE FLOODING, OKAY? THE DIFFERENCE NOW IS THIS SITUATION WHERE THE FLOODING IS SO EXTREME, OKAY? THAT YOU CAN'T USE GET PARKING SPACES AND WE CAN DEMONSTRATE TO YOU THAT ALL YOU NEED IS EIGHT.

EIGHT, OKAY? WELL, DON'T HISTORICALLY JUST SHOW THAT THERE, WHAT YOU'RE USING AND THIS IS WHAT YOU HAVE AND DON'T WORRY ABOUT IT, DON'T MAKE IT COMPLICATED, THAT'S OKAY.

AND, AND GET IT TO US BEFORE JUNE 17TH, JULY.

IF YOU GET HER JULY 17TH, IF YOU CAN GET HER TO US A WEEK BEFORE SO THAT WE CAN INCORPORATE THAT INTO OUR RECOMMENDATION AS WELL.

WHAT DATE DO YOU NEED IT BY? UH, WE WOULD WANT IT A WEEK AHEAD.

THE 10TH.

OKAY, THE 10TH.

JULY 10TH.

OKAY.

SO ON MY LETTER HEAD AS THE ENGINEER FOR THE APPLICANT, THAT'S FINE.

OR, OR CAN, CAN COME WITH PHOTOGRAPHS, DOCUMENTATION, YOU KNOW, VISUAL OBSERVATIONS, TIME, PHOTOGRAPH, KEEP IT SIMPLE.

NOON, 6:00 AM WHATEVER.

SIX.

LISTEN, ALL, ALL HE'S ONLY LISTEN, IF YOU TAKE PICTURES NOW, ALL YOU GOTTA DO IS SEE IS CAR STORED THERE.

THAT'S ALL YOU GONNA SEE, YOU KNOW, WE'LL WORK TOGETHER.

WE'VE GOT SEVERAL WEEKS.

OKAY? THAT'S THAT.

THAT'S ALL THE STORY.

OKAY? UNDERST I MEAN, YOU HAVE TO JUST GET PUT TOGETHER A CASE THAT THEY UNDERSTAND AND THE OTHER PART OF IT THAT'S IMPORTANT.

AGAIN, AS I SAID, IF WE LIMIT IT TO YOUR OCCUPANCY AND USE, THEN YOU DON'T HAVE THE PRECEDENT ISSUE FOR THEM.

WHICH IF I WERE THEM, THAT'S WHAT I'D BE WORRIED ABOUT.

DO YOUR EMPLOYEES ALL ARRIVE ROUGHLY AT THE SAME TIME? SO, UH, IN THE MORNING, OUT OF THE SIX EMPLOYEES, ONLY THREE DRIVE.

SO TAKE A, THE OTHER, A SHORT VIDEO WHEN THEY DRIVE IN, YOU KNOW, MAYBE THE OTHERS TAKE A BUS, GET DROPPED OFF BY SOMEBODY.

TWO OF 'EM LIVE IN ELMSFORD, ONE TAKES A BUS FROM YOUNG, THAT THAT'S IT.

YOU KNOW, SO TAKE A QUICK VIDEO OF THE THREE OF THEM PULLING IN IN THE MORNING.

WELL, CAN I SAY SOMETHING? SURE.

WALTER, INCORRECT.

UH, WELL, WHAT YOU, UH, GET YOU NEXT.

CORRECT.

WHAT YOU, GO AHEAD, WALTER.

WHAT YOU SHOULD, YOU SHOULD BASE IT UPON EVERYONE DRIVING BECAUSE IF YOU'RE SAYING OH THREE, DRIVING THREE AT THE BUS, THAT'S, THAT COULD CHANGE.

SO THAT'S A WEAK ARGUMENT FOR THE ZONING BOARD.

YOU HAVE TO, YOU HAVE TO CITE MAXIMUM, UH, UTILIZATION THAT YOU WOULD HAVE ON THAT SITE.

AND WHAT YOU'RE SAYING, THE MAXIMUM UTILIZATION IS 17 VEHICLES.

SO JUST JUSTIFY THE 17 VEHICLES.

NO, IT'S NOT 17.

THAT'S THE CAPACITY.

WHAT YOU HAVE TO DO IS SHOW THAT HE NEVER ACHIEVED, NEVER NEEDS THAT CAPACITY.

THAT'S WHAT YOU NEED.

THAT'S RIGHT.

SO I'M SAYING 17 FIFTH TO DO ALL YOUR CALCULATIONS AND SAY IT'S NEVER GONNA HAPPEN IF ALL MY, IF ALL MY UH, EMPLOYEES DROVE, YOU STILL HAVE THE CAPACITY, RIGHT? SO DON'T GET INTO HALF, IT'S GONE BY BUS HALF.

DON'T DO THAT.

RIGHT, RIGHT.

CORRECT.

YOU HAD SOMETHING YOU WANTED TO SAY.

YEAH, I THINK, UH, UH, AT THE BEGINNING OF DISCUSSION, MICHAEL HAS A VERY, VERY GOOD SUGGESTION THAT GET IT, GET IT.

SOMEBODY, CONSULTANTS OR SOMEBODY THAT NO WAY.

IF YOU ARE SERIOUS ABOUT PROCEEDING WITH THIS PROJECT TO CONVINCE US TO DO SOMETHING.

AND MOST IMPORTANTLY, , I AM A CONSULTANT TRAFFIC.

SO WHY, I DON'T UNDERSTAND WHY YOU ARE VALIDATING TO GO OUT AND CREATE A DOCUMENTATION AND, AND

[01:00:01]

CERTIFY WITH A PERSON WHO HAS A UNDERSTANDING ABOUT IT SO THAT EVERYBODY BELIEVES INTO IT.

YOU'RE NOT, CHA, YOU'RE NOT CHANGING ANYTHING.

I THINK, UH, UH, MOST IMPORTANT THINGS NOW WE SHOULD, RATHER THAN IN BUSINESS OF ADVISING ABOUT PARKING, WHY DON'T WE JUST SAY THAT WHAT MICHAEL SUGGESTED AND, AND THIS THING IS, I A HUNDRED PERCENT DISAGREE WITH THAT POINT OF VIEW.

YOU, NO, HOLD ON FOR ONE SECOND, THEN I'LL LET YOU KNOW.

OKAY.

I A HUNDRED PERCENT DISAGREE WITH A POINT OF VIEW THAT'S HITTING A SLED, A FLY WITH A SLEDGEHAMMER.

THIS IS A BUSINESS THAT'S BEEN AROUND FOR 32 YEARS.

HE, HE CAN SIMPLY COUNT A PARKING LOT THAT IS AT SEVEN AND DOESN'T NEED TO SPEND $10,000 ON A PARKING CONSULTANT.

I'M SORRY, I DON'T THINK THAT'S, THAT'S THE CASE.

THAT'S MY PERSONAL VIEW.

I JUST WANT, DO YOU, YOU UNDERSTAND THE RECOMMENDATIONS, RIGHT? WAS THERE ANYTHING ELSE THAT WE NEEDED TO DISCUSS ON THIS PARTICULAR APPLICATION? NO, WE'RE DONE.

NO.

CAN WE MOVE ON? YEAH, WE'RE DONE.

WE'RE DONE.

THAT'S IT.

THANK YOU VERY MUCH.

WE'LL WORK TOGETHER.

OKAY.

WE'LL BE IN TOUCH.

HAVE A GOOD EVENING, GUYS.

GOOD NIGHT GUYS.

WE'RE DONE.

HAVE A GOOD, GOOD EVENING EVERYBODY.

THANK YOU BOTH.

BYE.

THANK YOU.

GOOD EVENING.