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HOWEVER, CASE[ TOWN OF GREENBURGH ZONING BOARD OF APPEALS AGENDA THURSDAY, June 20, 2024 – 7:00 P.M. ]
WE DON'T HAVE ANY, HOWEVER CASE, TAKE THAT OFF.SHOULD I START AGAIN, GARETH? YES, PLEASE.
THIS IS THE ZONING BOARD OF APPEALS.
WE WILL NOW COME TO ORDER THE MEETING OF THE ZONING BOARD.
TOWN OF GREENBERG WILL IS NOW COMMENCING.
WE HAVE SIX CASES THAT ARE SCHEDULED ON TONIGHT'S AGENDA.
PLEASE NOTE THAT THE ZONING BOARD WILL HAVE OUR NEXT REGULAR MEETING ON THURSDAY, JULY 18TH, 2024 AT SEVEN 30.
AS USUAL, IF WE CANNOT COMPLETE THE HEARING OF ANY CASE THIS EVENING, IT WILL BE ADJOURNED TO ANOTHER MEETING TO HOPEFULLY 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 TO DISCUSS THE CASES WE HAVE HEARD TONIGHT.
EVERYONE HERE IS WELCOME TO LISTEN TO OUR DELIBERATIONS, BUT THE PUBLIC WILL NOT BE PERMITTED TO SPEAK OR PARTICIPATE.
AFTER OUR DELIBERATIONS, WE COME BACK INTO THIS ROOM.
WELL, WE DON'T COME BACK BECAUSE WE'RE STILL HERE.
WE COME BACK AND SIT DOWN TO ANNOUNCE THE BOARD'S DECISION FOR THE FORMAL RECORD AND FOR IT TO BE BROADCAST TO THE COMMUNITY.
IF YOU'RE PRESENT AND WISH TO SPEAK TONIGHT, PLEASE COME TO UP TO THE MIC MICROPHONE SO YOU CAN BE CLEARLY HEARD AND STATE YOUR NAME AND ADDRESS OR YOUR PROFESSION, PROFESSIONAL AFFILIATION.
IF YOU'RE NOT A NAMED APPLICANT, PLEASE SPELL YOUR NAME.
WE HAVE HEARD TESTIMONY ON SOME OF THE CASES AT PRIOR MEETINGS.
ALL PRIOR TESTIMONY IS ALREADY IN THE RECORD AND SHOULD NOT BE REPEATED.
FIRST CASE TO BE HEARD TONIGHT IS BETTER KNOWN AS CHICK-FIL-A INCORPORATED 20 TERRYTOWN ROAD.
MADAM CHAIR, UH, WE JUST NEED TO DO LOCAL CALL FIRST.
THE INDIVIDUALS WHO ARE OUTSIDE OF THE ROOM, PLEASE BE AWARE THAT IF YOU'RE, IT IS NOT YOUR CASE THAT WE ARE HEARING.
YOU CAN GO INTO THE CAFETERIA AND THERE IS A SET UP WITH THE, UH, SCREEN SO THAT YOU CAN SEE THE PROCEEDINGS THAT WILL BE GOING ON HERE.
WE DON'T WANT ANYONE TO PASS OUT GIVEN THE HEAT.
ALL RIGHT, SO THE FIRST CASE, WANT ME TO SIT RIGHT HERE, JUST GONNA SHARE MY SCREEN SO WE CAN PUT THE SITE PLAN UP FOR EVERYONE.
I'M SURE EVERYONE LOVES LOOKING RIGHT AT MY FACE.
UH, CHARLIE GOTTLIEB FROM WHITEMAN, OMAN AND HANNAH LAND USE COUNCIL FOR CHICK-FIL-A HERE THIS EVENING WITH KIM FRY TAG FROM BOWLER ENGINEERING PROJECT ENGINEER.
UH, PHIL GREELEY, TRAFFIC ENGINEER FROM COLLIERS ENGINEERING.
AND JOHN MARTINEZ FROM CHICK-FIL-A UH, THE LAST MEETING, UM, I BELIEVE WE HAD ADDRESSED MOST CONCERNS AND COMMENTS AND QUESTIONS.
THERE WAS ONE ISSUE THAT WAS BROUGHT UP BY A MEMBER OF THE PUBLIC COLLECT RELATED TO SOME ADDITIONAL AREA VARIANCES THAT MAY OR MAY NOT BE NEEDED.
UM, I BELIEVE YOUR BUILDING DEPARTMENT LOOKED THAT OVER AND THERE WAS AN ADDITION OF ONE AREA VARIANCE, UH, RELATED TO THE OUTDOOR SEATING, WHICH YOU CAN SEE RIGHT HERE BY THE FIRST CANOPY.
UM, THE OTHER ISSUES THAT WERE BROUGHT UP WERE RELATED TO LOT SIZE AND SETBACKS.
THAT ISSUE HAD ALREADY PREVIOUSLY BEEN DETERMINED THAT WE DIDN'T NEED AN AREA VARIANCE.
AND THEN THE LANDSCAPING BUFFER, UH, WHICH, UH, WAS FOUND TO BE A PLANNING BOARD WAIVER AND NOT A ZBA ISSUE.
SO THERE IS THE ADDITION OF THE, UH, OUTDOOR SEATING AS AN AREA VARIANCE.
UM, WE'D JUST LIKE TO HIGHLIGHT A FEW THINGS RELATED TO THE OUTDOOR SEATING.
MOST ALL CHICK-FIL-A RESTAURANTS HAVE OUTDOOR SEATING, UM, AND THEY'RE USED QUITE FREQUENTLY.
UM, IT THE, WHEN THIS PROJECT WAS REFERRED TO WESTCHESTER COUNTY PLANNING, THEY ACTUALLY MADE A COMMENT THAT THERE SHOULD BE SOME OUTDOOR SEATING AND SOME PEDESTRIAN CONNECTIVITY.
UM, SO THIS FURTHERS THAT END.
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IMAGINE THAT A CONCERN OF THE PLANNING BOARD MIGHT BE TRASH OR PROPER RECEPTACLES OF THE OUTDOOR SEATING, MAKING SURE THAT IT'S CLEAN.AS WE'VE PREVIOUSLY NOTED, UH, CHICK-FIL-A TEAM MEMBERS ARE CONSTANTLY PATROLLING THE SITE, PICKING UP GARBAGE, UH, AND MAKING SURE IT'S A CLEAN FACILITY.
UM, THERE IS ALSO A RAILING AROUND THE OUTDOOR SEATING AREA, MAKING SURE PEOPLE DON'T GO INTO THE DRIVE THROUGH LANE.
UM, AND AS YOU CAN SEE, IT'S PRETTY WELL LANDSCAPED AROUND THAT.
UM, SO IF THERE'S ANY QUESTIONS ABOUT THAT, YOU KNOW, WE'RE HAPPY TO ANSWER.
I DO HAVE A FEW PROJECT UPDATES RELATED TO THE CITY OF WHITE PLAINS.
WE APPEARED BEFORE THE CITY OF WHITE PLAINS PLANNING BOARD ON TUESDAY NIGHT.
UM, THEY SCHEDULED A PUBLIC HEARING.
THEY HAD VERY MINIMAL COMMENTS.
UM, IT WAS ACTUALLY QUITE A NICE MEETING.
UM, YOU KNOW, THEY HAD ASKED ONE THING ABOUT HOW FAR ARE WE WITH THE TOWN OF GREENBURG.
I HAD MENTIONED WE'RE ABOUT TO WRAP UP WITH THE ZBA, WE HAVE TO GO BACK TO THE PLANNING BOARD.
UM, THE PLANNING BOARD AND THE CITY APPEAR TO BE WANTING TO CONDITION ALL THE APPROVALS ON IF THE WHITE PLAINS LOT DOESN'T GET PERMITTED, YOU KNOW, THAT'S A CONDITION OF THE APPROVAL THAT THE WHITE PLAINS LAW AREA HAS TO BE PERMITTED AND CONSTRUCTIVE.
UM, SO WITH THAT SAID, YOU KNOW, WE WOULD REALLY ANSWER ANY QUESTIONS AS ALWAYS.
UM, BUT WE WOULD REQUEST, UH, A VOTE THIS EVENING.
I COMPLETELY UNDERSTAND IF THE BOARD WANTS TO DO A RESOLUTION, UM, BUT WE WOULD LIKE TO GET BACK TO THE PLANNING BOARD TO WRAP UP THAT PROCESS AS WELL.
AND WHERE ARE YOU WITH THE WHITE PLAINS PERMITTING, THE PARKING? SURE.
SO WHITE PLAINS REQUIRES A SPECIAL USE PERMIT FOR THAT PARKING LOT? YES.
WE HAD OUR FIRST MEETING WITH THE PLANNING BOARD ON TUESDAY.
WHITE PLAINS, WHITE PLAINS PLANNING BOARD.
WE, UH, THEY SCHEDULED A PUBLIC HEARING FOR THEIR JULY MEETING.
UM, AND ASSUMING WE DON'T HAVE, YOU KNOW, MUCH OF A PUBLIC OUTCRY, I WOULD IMAGINE THAT GETS WRAPPED UP AT THE JULY MEETING.
SO WE CAN'T RENDER A DECISION OR WE CAN WITH A CONDITION THAT THE WHITE PLAINS GETS PERMITTED.
YOU CAN RENDER A DECISION AND THAT'S WHAT THE PLANNING, YOUR PLANNING BOARD ALSO INTENDS TO DO.
I, I HAVE A BUNCH OF QUESTIONS.
I KNOW I WASN'T HERE LAST TIME.
BUT I HAVE WATCHED THE ENTIRE VIDEO OF THE HEARING.
AND I, I DID GO TO THE SITE TODAY AND I, I'VE BEEN INVOLVED.
ONE OF THE THINGS THAT KEPT COMING UP DURING THE HEARING, AND IT WAS GOOD TO BE ABLE TO DO IT WITH THE ABILITY TO STOP AND THINK ABOUT IT, IS YOU MENTIONED THE TRAFFIC MANAGEMENT PLAN FOR THE FIRST WEEK TO TWO WEEKS OR WHATEVER, THREE WEEKS IT IS FOR THE OPENING.
THERE WAS NOTHING CLEARLY STATED ABOUT WHAT HAPPENS THREE OR FOUR MONTHS LATER.
AND THE ANSWER I'M LOOKING FOR, SO YOU KNOW HOW TO GEAR THAT IS OKAY, YOU GET THE QUEUE, IT'S TOO LONG.
WHAT TRIGGERS THE PLAN? IS THERE A TRAFFIC MONITORING DEVICE? IS THERE A LIGHT? IS THERE FEEL, YOU KNOW, SENSORS IN THIS, IN THE, IN THE DRIVEWAY THAT CAN TELL A VEHICLE THE LAST VEHICLE HASN'T MOVED FOR A LENGTH OF TIME WHEN THAT WHATEVER THAT TRIGGER IS, WHO EXACTLY WHAT IS THEIR TITLE THAT INITIATES THIS PLAN AND WHO, UM, WHO, WHO SENDS IT UP THE LADDER AND ALL THAT.
WHAT IS THE PLAN FOR TEAM TRAINING SUBSEQUENT TO WHEN THIS GRAND OPENING TEAM LEAVES THERE SEEM, I KNOW YOU SAID IN YOUR, YOUR WORD WHERE FLEXIBILITY IS THE GOAL OF CFA AND ALL OF THAT FLEXIBILITY IS GOOD TO A POINT, BUT THE PLAN HAS TO HAVE VERY STRICT DETAIL AND THAT EVERYBODY KNOWS.
AND IF THERE IS SOME MECHANISM THAT TRIGGERS THIS, THAT IS NOT, OH, YEAH.
THE CLEANING GUY SAID HE LOOKS LIKE THERE ARE A LOT OF CARS OUT THERE.
SO I SEE OUR TRAFFIC ENGINEER NODDING HIS HEAD, SO I'M GONNA HAND IT OVER TO HIM.
UM, BUT ONE THING I WILL ADD IS, UM, THE PLANNING BOARD ALSO INTENDS TO DO A LOOK BACK PERIOD AFTER OPENING.
SO I THINK THAT'S ABOUT, THAT WAS MY NEXT QUESTION.
I THINK THAT'S ABOUT FOUR OR SIX MONTHS AFTER OPENING.
AND WHAT THAT'S INTENDED TO DO IS WHAT'S GOING RIGHT, WHAT MIGHT NOT BE GOING RIGHT.
AND MAYBE THAT'S THE TRIGGER THING.
AND THEN WE KIND OF REEVALUATE FROM THERE.
BUT I'M GONNA LET PHIL TALK ABOUT THE TRAFFIC MANAGEMENT PLAN.
SO THE TRAFFIC MANAGEMENT PLAN IS, WAIT, WE'RE MAKE SURE YOU'RE ON CA ON ON THE MIC.
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OVER HERE.HOW'S THAT? BETTER? UH, PHILLIP GREELEY FROM COLLIERS ENGINEERING AND DESIGN, UH, THE TRAFFIC MANAGEMENT PLAN WAS DESIGNED FOR NOT ONLY THE GRAND OPENING PERIOD, BUT THIS IS A DOCUMENT THAT WILL BE KEPT ON SITE, UH, THAT WILL BE USED AT ANY TIME WHERE THERE'S PEAK ACTIVITIES.
IN TERMS OF A TRIGGER MECHANISM, A COUPLE THINGS.
UH, AS MR. GOTTLIEB POINTED OUT, ONE OF THE REQUIREMENTS THAT HAS BEEN DISCUSSED WITH THE PLANNING BOARD AND WE'RE, YOU KNOW, COMMITTED TO THIS AND BE CONDITION OF ANY APPROVALS, IS THAT THERE'S A MONITORING PERIOD THAT YOUR TRAFFIC CONSULTANT, THE TOWN'S TRAFFIC CONSULTANT WHO'S BEEN INVOLVED IN THIS WHOLE REVIEW PROCESS, UH, AND THE POLICE DEPARTMENT WOULD BE INVOLVED IN WHERE WE WOULD ACTUALLY USE SURVEYS AND MAKE SURE WHAT'S, YOU KNOW, HOW EVERYTHING IS FUNCTIONING.
UH, THAT MONITORING ALSO RELATES TO NOT ONLY THE QUEUING, BUT THE OPERATION OF THE DRIVEWAYS AND ANYTHING ELSE RELATIVE TO TRAFFIC FLOW.
WE'RE RESPON WE'RE RESPONSIBLE TO SUBMIT A REPORT, UH, WITH THE FINDINGS AND ANY RECOMMENDATIONS.
AND, UM, THE BASIC TRIGGER IS YOU CAN SEE WHETHER THERE'S ANY ISSUES THERE.
NOW, IN TERMS OF FROM CHICK-FIL-A STANDPOINT, THIS TRAFFIC MANAGEMENT PLAN IS ON SITE.
UM, THE OPERATOR OF THE STORE IS RESPONSIBLE THAT EMPLOYEES WILL THE TEAM MEMBERS OKAY.
ARE ADVISED TO THE, HOW THIS FUNCTIONS AFTER THE GRAND OPENING PERIOD.
THERE MAY BE CERTAIN TIMES OF THE DAY WHERE WE HAVE TO IMPLEMENT THIS.
UM, WE KNOW THAT AT TYPICAL STORE OPENINGS, THEY LAST FOR ABOUT, YOU KNOW, A COUPLE OF WEEK PERIOD.
BUT EVERY LOCATION IS DIFFERENT.
UM, IT SPELLS OUT THE DETAILS OF WHERE TEAM MEMBERS HAVE TO BE LOCATED.
UH, TEAM MEMBERS WILL BE TRAINED.
IT'S NOT THAT DIFFICULT, BUT IT REQUIRES, YOU KNOW, UNDERSTANDING.
UM, AS NEW EMPLOYEES COME IN, THEY WILL BE TRAINED, BUT OF COURSE ON DAY ONE, WE'RE NOT GONNA HAVE SOMEONE OUT IN THE PARKING LOT.
'CAUSE FIRST DAY THEY HAVE OTHER THINGS THEY HAVE TO BE RESPONSIBLE FOR.
AND I BELIEVE THE COMMITMENT IS IF THIS HAS TO BE KEPT FOR A LONGER PERIOD OF TIME, IT WILL BE KEPT FOR A LONGER PERIOD OF TIME.
SO IN TERMS OF OPERATIONS, NOT JUST THE FIRST TWO WEEKS OR THE FIRST MONTH OR THE FIRST FEW MONTHS.
AS SOMEBODY WHO SPENT EIGHT YEARS BEING CHIEF OF STAFF TO THE TRAFFIC COMMISSIONER FOR THE CITY OF NEW YORK, I WHICH ONE? SAM.
UM, AND HAVING WRITTEN UP MY OWN TRAFFIC MAINTENANCE PLANS MM-HMM.
IT NEEDS TO NOT, BECAUSE YOU CAN'T LEAVE IT TO SOMEONE'S VERSION OF TRAFFIC IS VERY DIFFERENT FROM SOMEONE ELSE'S.
AND SOMEONE WHO'S HUNGRY, SOMEONE ABUSE.
SO, SO ONE OF THE THINGS, SOMEONE WHO HAD A BAD DAY, NOT TO INTERRUPT YOU, BUT ONE OF THE THINGS IN THE DOCUMENT IS THAT AS SOON AS THE QUEUE, SO WE HAVE STACKING FOR, UH, PLAY THIS UP HERE.
WE HAVE STACKING FOR AROUND 33 VEHICLES.
I SAW THAT ONCE THAT QUEUE GETS TO THAT POINT, BEFORE IT EVEN GETS TO THE PARKING LOT, IS WHEN THIS PLANE GOES INTO PLAY.
SO THAT'S THE TRIGGER, THE, THE FIRST TRIGGER.
AND THAT HAPPENS NOT JUST AT GRAND OPENING ANYTIME DURING OPERATIONS, IF THE QUEUE EXTENDS TO THAT POINT, THIS PLAN HAS TO BE THEN PUT INTO EFFECT.
WE ARE NOT ACCEPTING ANY MORE.
DRIVE-THROUGHS FOR ANOTHER 20 MINUTES PARK AND COME IN IF YOU'D LIKE TO AND HAVE AN LED SIGN THAT YOU CAN CHANGE WHENEVER YOU WANT.
AND THAT MAY EVEN BE TRIGGERED BY THAT.
I MEAN, THERE ARE GREAT TECHNOLOGY THINGS THAT COULD BE IMPLEMENTED THAT ARE DIFFERENT FROM SOMEBODY SEEING SOMETHING THAT, YOU KNOW, IF, IF YOU ARE THAT BUSY, YOU'RE NOT GONNA HAVE THAT MANY PEOPLE OUTSIDE SEEING THINGS.
YOU KNOW, THEY'RE GONNA BE INSIDE FILLING ORDERS.
MY EXPERIENCE IS OF THE FACILITIES THAT THIS GETS PUT INTO PLAY PRETTY QUICKLY, BUT YOUR SUGGESTION
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IS SOMETHING WE CAN WORK INTO THE PLANS.UH, IT COULD BE ACTUATED SO THAT AS SOON AS THE QUEUE GETS TO A CERTAIN POINT, IT WILL BE A MESSAGE THAT COMES ON.
AND AS YOU SAID, THE TECHNOLOGY IS THERE.
WE DON'T WANT ANYTHING THAT'S TOO GLARING INTO THE NEIGHBORS.
YOU KNOW, THAT GETS INTO THE WHOLE SIGNAGE THING.
I UNDERSTAND, BUT IT DOESN'T HAVE TO, IT DOESN'T HAVE TO BE.
I'M JUST SAYING THAT WE, YOU CAN PUT THINGS ON YOUR PROPERTY THAT CAN YES.
TRIGGER AND, AND ABSOLUTELY DEAL WITH THESE PROBLEMS THAT ARE MORE RELIABLE ABSOLUTELY.
AND JUST, SO THIS IS THE DRAFT TRACK MANAGEMENT THING? YEAH.
I'M SORRY THAT TO ALL NEED TO TAKE A COPY, BUT I DON'T KNOW WHICH EXHIBIT IT IS.
IT'S PART OF THE, UH, SUBMISSION, I THINK EXHIBIT E MAYBE THE LAST IT'S WHAT I THINK IT'S WAY AT THE END.
I'M GONNA SAY E BUT I DON'T, WE CAN TRY AND JUST KEEP IT TO ONE SPEAKER FOR THE BENEFIT OF THE, UM, STENOGRAPHER.
IT SEEMS LIKE THERE'S QUITE A BIT OF BACK AND FORTH AND I KNOW THEY'RE GOOD QUESTIONS, BUT IF WE CAN JUST STAY A LITTLE MORE FOCUSED, UM, ON BOTH SIDES OF THE TABLE.
I'M GLAD THAT QUESTION WAS ANSWERED.
WHEN IS IT FOUR TO SIX MONTHS? HOW LONG IS THE TIME TO FIX IT? WELL, I'M JUST SAYING THE RESOLUTION OF THE, IF THERE'S AN ISSUE, YES, IT IS SUPPOSED TO BE IMMEDIATELY, BUT YEAH, IN TERMS OF AN EXACT TIME THAT HASN'T BEEN SPELLED OUT YET.
BUT I, I'LL SAY, SO THE LOOK BACK PERIOD IS SOMETHING THAT GIVES THE PLANNING BOARD ANOTHER GLANCE AT IT.
BUT DURING THE GRAND OPENING PERIOD, UH, CHICK-FIL-A IS GOING TO WORK WITH THE TOWN'S TRAFFIC CONSULTANT, THE TOWN'S PLANNING DEPARTMENT, THE TOWN'S BUILDING DEPARTMENT, AND THE LOCAL POLICE DEPARTMENT.
SO BEFORE WE EVEN GET TO THE LOOK BACK PERIOD, IF THERE'S AN ISSUE, THAT ISSUE'S GONNA BE RECTIFIED.
MY EXPERIENCE IS THE OPENING GOES GREAT.
EVERYBODY'S THERE, EVERYBODY'S WORKING.
THE THE PROBLEM ISN'T THE GRAND OPENING 'CAUSE YOU'RE PREPARED FOR THAT.
THE PROBLEM IS FIVE MONTHS LATER WHEN THE HIGH SCHOOL FOOTBALL TEAM IS IN FIRST PLACE AND THEY WIN OR SOMETHING ALONG THOSE LINES, AND IT'S A WHOLE, THAT'S YOUR ISSUE.
AND THAT'S WHAT I'M TRYING TO DEAL WITH, IS THOSE ISSUES THAT ARE A LITTLE BIT HARDER.
SO IN THAT, AND THEY GOT GRAND OPENING, YOU'RE GONNA WANT YOUR PLACE TO LOOK FABULOUS.
YOU'RE NOT GONNA LET IT BE BAD.
SO IN, IN, IN THAT SCENARIO, RIGHT, WE HAVE A GREAT GRAND OPENING PLAN BECAUSE THE TRAFFIC MANAGEMENT PLAN IS A PLACE, THEN THE HIGH SCHOOL FOOTBALL TEAM WINS, LET'S SAY.
AND THERE'S AN INFLUX, THAT SAME TRAFFIC MANAGEMENT PLAN THAT WE HAD FOR THE GRAND OPENING PERIOD IS GOING TO BE INSTALLED.
SO IF IT WORKED IN THE FIRST INSTANCE, YOU KNOW, THERE'S A HIGH LEVEL OF SUCCESS THAT'LL WORK.
AGAIN, IT'S GONNA WORK WITHOUT THE TEAM THAT YOU SAID IT'S GONNA LEAVE AFTER TWO WEEKS.
SO, SO THAT TEAM, THAT TEAM IS NOT GONNA KNOW THAT THE HIGH SCHOOL TEAM JUST WON AND THEY'RE GONNA BE ON ANOTHER PART OF THE COUNTRY THAT YOU, YOU, AT LEAST FROM WHAT YOU SAID IN THE TESTIMONY IS THERE ARE PEOPLE, YOU'RE FLYING IN FOR THE GRAND OPENING AND THEN THEY'RE LEAVING THEY, AND THEY'RE THERE ALSO TO TRAIN THE STAFF BECAUSE THE STAFF HASN'T BEEN THROUGH THIS BEFORE WHERE THE GRAND OPENING TEAM COMES IN, THEY TRAIN THEY'RE THERE AND MAKE SURE THAT TRANSITION OCCURS AND IT IS A CONTINUATION PROCESS.
SO A GOOD QUESTION, BUT I THINK IT'S, WE HAVE SPELLED THAT OUT.
THE OTHER THING AND YOUR RECOMMENDATION ABOUT THE SIGNING, SO THIS IS A DRAFT TRAFFIC MANAGEMENT PLAN.
AND I THINK YOUR RECOMMENDATION CAN BE WORTH INTO THIS.
AND YOU CAN PUT SENSORS IN THE ROAD.
I MEAN, THAT JUST ABSOLUTELY TRIGGER THE WHOLE THING.
IT'S, IT'S, THAT'S ONE OF THE GREAT THINGS ABOUT TECHNOLOGY.
WE JUST FOUND OUT YESTERDAY THAT WE HAVE TO REPLACE THE TRAFFIC SIGNAL BECAUSE NEW YORK STATE
I I WAS INTRIGUED BY THE CONCEPT THAT A PRIVATE ENTITY WAS BEING ALLOWED TO CONTROL A PUBLIC TRAFFIC LIGHT.
WE ARE NOT, WE ARE RESPONSIBLE TO.
SO THE NEW YORK STATE DOT HIGHWAY ROAD PERMIT PROCESS REQUIRES APPLICANTS TO MAKE IMPROVEMENTS UNDER THAT PERMIT PROCESS AT THEIR COST, UH, INSPECTED BY, UH, CONSULTANTS FOR THE STATE.
ONCE IT'S ACCEPTED BY THE STATE, IT'S TURNED OVER TO THE STATE.
IN THIS PARTICULAR SITUATION, THAT SIGNAL IS PART OF THE CITY OF WHITE PLAIN SYSTEM.
SO WE ACTUALLY HAD A CALL THE OTHER DAY WITH THE STATE AND, AND, UH, COMMISSIONER SOY FROM WHITE PLAINS TO JUST COORDINATE, MAKE SURE EVERYBODY WAS ON THE SAME PHASES BECAUSE THEY HAVE
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DIFFERENT SPECIFICATIONS, BUT WE TURN IT OVER TO THE STATE.SO WE'RE NOT OPERATING IT, WE'RE DOING THE IMPROVEMENT AND THE APPLICANT'S COST TO UPGRADE AND PROVE THAT.
AND THEN IT'S, ONCE IT'S ACCEPTED BY THE STATE, IT'S THEIR SIGNAL AND PART OF THE, WELL, 'CAUSE THEY'RE, THEY'RE RESPONSIBLE FOR THE TIMING AND EVERYTHING, AND THEY HAVE TIMING.
MORNINGS, NIGHT, WEEKENDS, WEEK, DAYS.
UM, I'LL JUST GO TO THE BIG QUESTION.
AND I'M JUST WONDERING IF YOU HAVE CONSIDERED THIS, I HAVE HEARD THAT ORIGINALLY IN FAIRFIELD CHICK-FIL-A REQUESTED A SIMILAR DRIVE THROUGH FOR, FOR VARIOUS REASONS, WHATEVER IT WAS.
YOU SUBSEQUENTLY OPENED IN NORWALK WHERE WE KNOW THERE WERE PROBLEMS AND MOST OF WHICH HAVE BEEN RESOLVED.
BUT THEN THERE A FACILITY WAS OPEN IN FAIRFIELD THAT DOES NOT HAVE A DRIVE THROUGH, AND THAT IS PURELY AN EAT IN OR TAKEOUT.
AND I'M WONDERING IF THAT WAS CONSIDERED FOR THIS LOCATION, GIVEN THE PUBLIC COMMENTS THAT HAVE COME FORWARD.
SO, UM, THERE IS GOING TO BE AN INLINE STORE IN GREENBURG THAT DOES NOT HAVE A DRIVE THROUGH THIS PROJECT.
UM, AND, AND FOR CHICK-FIL-A IT'S MIDWAY SHOPPING.
AND, AND, AND FOR THIS PROJECT AND FOR CHICK-FIL-A'S ROLLOUT IN WESTCHESTER, THIS WAS DESIGNATED AS A DRIVE THROUGH FACILITY.
UM, I DID SPEAK WITH, UH, JOHN FROM CHICK-FIL-A AND HE CAN SAY A FEW WORDS, BUT, UM, YOU KNOW, IF YOU TAKE AWAY THE DRIVE THROUGH, WHICH CHICK-FIL-A DOES NOT WANT TO DO AT THIS POINT, RIGHT? WE'VE COME THIS FAR WITH THE DRIVE THROUGH.
WE'VE GOT OUR SECRET NEGATIVE DECLARATION AND SO FORTH.
YOU'RE GOING TO INCREASE THE NEED FOR PARKING BECAUSE YOU'RE NOT GONNA GET LESS PEOPLE.
BUT YOU ARE THEN GOING TO HAVE MORE CONGESTION INTERNALLY BECAUSE OF THE NEED FOR ADDITIONAL PARKING.
BECAUSE YOU'RE NOT GONNA HAVE, BUT YOU'RE NOT GONNA HAVE THE DEDICATED SPACE FOR THE DRIVE THROUGH.
WHICH IS THE, THE OFFSET HERE.
BUT THE SO, AND YOU TAKE AWAY THE DRIVE THROUGH, YOU ARE NOT GOING TO GAIN THE AMOUNT OF PARKING YOU NEED TO FACILITATE THE AMOUNT OF CUSTOMERS THAT ARE GOING TO COME IN.
THE CUSTOMERS ARE GOING TO MAY BE THE SAME.
UM, AND, AND SO I THINK THAT IN THAT CIRCUMSTANCE FOR THIS SITE, YOU'RE GONNA RUN INTO A PARKING ISSUE.
WHAT I THINK WHAT TROLLEY'S SAYING IS, UM, STACKING IN THE DRIVE THROUGH IS MORE EFFICIENT THAN PEOPLE GOING IN AND OUT OF PARKING SPACES.
IT TAKES MORE TIME AND MORE SPACES BECAUSE THEN YOU REQUIRE TURNOVER.
THE ADVANTAGE OF THE DRIVE THROUGH IS THAT YOU CAN PROCESS THAT.
AND BY STACKING THOSE CARS, THEY'RE NOT, THEY DON'T NEED THE SAME SPACE IF THEY'RE PULLING INTO A PARKING SPACE AND HAVE TO BACK OUT OR PULL FORWARD FROM A SPACE, IT USES A LOT MORE SPACE THAT REQUIRES
BUT YOU'RE NOT GONNA HAVE THE LINEUP OUTSIDE ON THE ROADS PRIVATE ON THE CITY ROADS.
SO, UH, WHAT I WILL BRING YOU BACK IS BECAUSE PEOPLE WILL SAY, OOPS, I'LL COME BACK LATER OR WHATEVER.
YOU'RE NOT GONNA HAVE PEOPLE WAITING ON A SIDE STREET FOR 20 MINUTES.
SO ONE OF THE CONDITIONS OF THE PLANNING BOARD IS, AND THEY MADE THIS VERY CLEAR, THERE IS TO BE NO QUEUING ON ANY PROBES.
AND THEY ARE GOING TO MAKE SURE THAT IF THAT HAPPENS, RIGHT, THE TRAFFIC MANAGEMENT PLAN IS IMPLEMENTED, THERE'LL BE TEAM MEMBERS AT THE ACCESS POINTS.
IT'S SHUT DOWN UNTIL THE QUEUE OPENS BACK UP.
UH, THAT'S GOING TO BE A PLANNING BOARD CONDITION AND AN ENFORCEMENT, YOU KNOW, POTENTIAL ENFORCEMENT IF THAT HAPPENS.
SO THERE IS INTENDED, AND THERE'S NOT GOING TO BE PERMITTED ANY QUEUING ON ANY STREETS WHO'S ENFORCING AND MONITORING THAT 24 7.
SO I, I DON'T THINK IT NEEDS TO BE 24 7.
BUT DURING THOSE HIGH PEAK HOURS, UM, YOU KNOW, THE TOWN CERTAINLY HAS ENFORCEMENT MECHANISMS. THE POLICE WOULD'VE ENFORCEMENT MECHANISMS THAT'S ASKING A LOT OF TOWN RESOURCES TO YOU.
I'M TRYING TO, WE'RE TRYING TO SAY, HOW DO, I'M TRYING TO WALK, YOU SEE, HOW DO YOU DO THIS WITHOUT SAYING, OKAY, TOWN OF GREENBURG, YOU'RE NOW GONNA HAVE TO HAVE YOUR INSPECTOR GOING OUT HERE AT SEVEN O'CLOCK AT NIGHT AND YOU'RE GONNA HAVE TO POLICE PRESENCE ROAMING THAT AT, I DO THINK THAT'S A PART OF LOCAL ENFORCEMENT IS NOT JUST YOUR POLICE OFFICERS, YOUR CODE ENFORCEMENT OFFICER.
I THINK THAT IF THAT IS TO OCCUR AND THERE IS A SITUATION OF THAT NATURE, YOU'RE GONNA HAVE RESIDENTS CALL IT AND IT IS GOING TO BE, UH, YOU KNOW, VERY QUICKLY BROUGHT TO SOMEONE'S ATTENTION THAT THERE IS AN ISSUE COMPLETELY RESPONSIBLE TO FIX IT FOR DAYCARE.
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ROLE BESIDES THE COMMUNITY GETTING UPSET? WHAT IS YOUR MONITORING ROLE AND HOW DO YOU EXPECT IT, IT CAN'T JUST BE PUTTING IT ON THE TOWN THAT YOU COMPLY WITH THE RULES THAT THE PLANNING BOARD IS SET UP FOR YOU? SO OUR MONITORING ROLE WOULD BE THE TRAFFIC MANAGEMENT PLAN.LIKE I SAID, WE HAVE TEAM MEMBERS AT THE VARIOUS LOCATIONS STOPPING TRAFFIC FROM COMING IN.
SO THAT'S THE INTERNAL MONITORING ENFORCEMENT THAT CHICK-FIL-A WOULD DO.
UM, UNDER A SITUATION WHERE WORST CASE SCENARIO, WE'RE KIND OF GOING DOWN A DARK PATH HERE, BUT IF THERE IS QUEUING, RIGHT? 'CAUSE CHICK-FIL-A'S NOT DOING THEIR JOB, THAT PERSON AT AT, AT THE STREET ISN'T DOING THEIR JOB.
THAT'S WHEN THE OTHER ENFORCEMENT ARMS OF THE TOWN AND POLICE COME IN.
BUT IT WOULD BE CHICK-FIL-A'S RESPONSIBILITY ONCE THAT QUEUE IS FULL TO MAKE SURE THAT NO ONE ELSE ACCESS THAT ACCESSES THAT SITE.
AND THEY ALLOW QUEUING ON LOCAL ROADS.
AND, AND I UNDERSTAND THE INTENT OF THAT, BUT YOU'VE GOT A 17-YEAR-OLD KID WORKING AFTER SCHOOL AND YOU'VE GOT AN, YOU'VE GOT SOME SCREAMING YELLING BUSINESS PERSON WHO WANTS TO GET HOME AND HASN'T SEEN THEIR KIDS ALL DAY.
THEY'RE NOT GONNA TAKE THEM ON.
IF I COULD JUMP IN REAL QUICK, UH, TIM FRY ENGINEER, I THINK THE ANSWER TO YOUR QUESTION AND SECRET SAUCE TO THIS IS THE OPERATOR.
THE OPERATOR MODEL, I'M NOT SURE IF YOU'RE FAMILIAR WITH THE, THE CHICK-FIL-A OPERATOR MODEL.
MAYBE JOHN COULD CHIME IN HERE.
BUT YOU HAVE ONE LOCAL INDIVIDUAL RESPONSIBLE FOR THE OPERATIONS OF ER AND THE SUCCESS OF THIS STORE.
THAT OPERATOR, HIS SOLE BUSINESS OR HER BUSINESS IS THIS STORE AND THEY WANT TO SEE IT SUCCEED SUCCESSFULLY.
SO THESE ARE FRANCHISES, IT'S A SIMILAR MODEL.
THE OPERATOR IS THE FRANCHISEE.
WHAT'S DIFFERENT WITH THE CHICK-FIL-A MODEL THAN THE ANOTHER NATIONAL BRAND IS YOU GET ONE STORE, THIS IS THE SOLE STORE THAT THEY'RE RESPONSIBLE FOR.
SO THEY'RE GONNA BE ON SITE, THEY'RE OBLIGATED TO BE ON SITE DAILY MONITORING THINGS LIKE THIS AND MAKING SURE THAT THEY'RE A PART OF THE COMMUNITY IN A SUCCESSFUL WAY AND CAUSING TRAFFIC JAMS AND TRAFFIC CONGESTION IS NOT GOOD FOR THEIR BUSINESS.
IT'S NOT GOOD FOR THE CHICK-FIL-A BRAND.
AND THAT'S WHAT THEIR OBLIGATION IS, IS TO MAKE SURE THAT HAPPENS.
SO THAT'S A CRITICAL COMPONENT OF THIS, AND THAT'S HOW ALL THIS WORKS, IS MAKING SURE THAT YOU'VE GOT AN INDIVIDUAL KEEPING AN EYE OUT FOR THAT.
SO GOING BACK TO YOUR QUESTION OF WHO'S RESPONSIBLE AT THE BEGINNING OF THIS, IS THE OPERATOR, AGAIN, BUILDING TRUST THAT THIS IS OUR BUSINESS TO RUN.
THERE'S A LOT OF RESPONSIBILITY THERE, BUT CHICK-FIL-A'S GOT, I THINK IT WAS 50,000 APPLICANTS A YEAR, AND THEY SELECT MAYBE A HUNDRED OR THE STORES 150 OF THE STORES THAT THEY OPEN HERE.
THEY'RE VERY SELECTIVE IN THAT OPERATOR TO MAKE SURE THAT THERE'S NOT ISSUES THAT YOU'RE TALKING ABOUT AT THEIR LOCATIONS.
SO THAT'S A CRITICAL COMPONENT, I THINK IS THAT OPERATOR BUILDING THE TRUST OF THE CITY WILL BE INVOLVED OR THE TOWN OF GREENBURG AND THE CITY, THEY'LL BE INVOLVED LOCALLY IN THE COMMUNITY TO MAKE SURE THEY'VE GOT A POSITIVE IMPACT.
WHAT I AND I WILL HIGHLIGHT, I'VE SEEN IT, I'VE SEEN IT, IT'S REALLY REMARKABLE WORKING WITH CHICK-FIL-A AND MEETING SOME OF THEIR OPERATORS.
'CAUSE THAT IS TRUE TO THEIR HEART OF MAKING SURE THAT THEY DON'T HAVE ISSUES LIKE THAT.
AND I, AND I WILL HIGHLIGHT JUST FOR THE, FOR EVERYONE ELSE AND EVERYONE LISTENING, THE PLANNING BOARD TOOK OVER A YEAR DOING THE SPR REVIEW PROCESS, WHICH INCLUDED EXTENSIVE REVIEW FROM A TOWNS TRAFFIC CONSULTANT.
AND WE'RE GOING BACK TO THE PLANNING BOARD.
AND A LOT OF THESE ARE PLANNING ISSUES.
UM, AND, AND THE TOWNS PLANNING CONSULTANT, UH, WHICH IS EVIDENCED THROUGH THE NEGATIVE DECLARATION, WAS SATISFIED WITH THE TRAFFIC MANAGEMENT PLAN, THE QUEUING, UM, YOU KNOW, THE RESTRICTIONS THAT ARE GOING TO BE SET IN PLACE AND THE MITIGATION.
AND MY FINAL QUESTION HAS TO DO WITH THE LANDSCAPE PLAN.
I, IT LOOKED LIKE THERE WERE A LOT OF BUSHES AROUND THE PERIMETER.
UM, I DON'T KNOW IF YOUR LANDSCAPE ARCHITECT IS ON OR NOT.
UM, BUT IT LOOKED LIKE THERE WERE A LOT OF BUSHES, PARTICULARLY NEAR THE OVERHANG WHERE PEOPLE ORDER AND WHERE THEY PICK UP AND ALL OF THAT.
UM, I'M DON'T KNOW IF YOU'RE WELL AWARE OF THIS, BUT IN MANY, MOST MANY PARKS THEY'VE TAKEN AWAY BUSHES, BUSHES HIGH ARE HIDING PLACES.
IT'S WHERE PEOPLE ARE GOING TO BE HIDING TO DO DRUGS, RAPES, WHATEVER IT MAY BE.
BUSHES ARE, ARE SCARY TREES ARE MUCH BETTER.
SO I WOULD JUST SAY THAT IT LOOKED LIKE THERE WERE A HUNDRED OR SO BUSHES AND
[00:30:01]
THAT SEEMED TO ME TO BE A BIT DANGEROUS.SO, UM, THE LANDSCAPE PLAN REQUIRES BUFFERING FOR PARKING AREAS AND THE DRIVE THROUGH WORKING THROUGH, UH, THIS PLAN WITH THE PLANNING BOARD.
SO WE WERE REQUIRED TO BUFFER THE DRIVE THROUGH AND THE PARKING THAT ABUTS THE ROADS.
SO WE HAVE A SINGLE ROW OF BUSHES, SHRUBS IN THOSE AREAS THAT ARE ESTIMATED TO BE MAINTAINED AROUND 30 TO 36 INCHES TALL.
TO JUST BLOCK, UH, HEADLIGHTS IN THAT DRIVE THROUGH AND, AND BLOCK AND BUFFER SOME OF THE VEHICLES.
IT'S NOT NECESSARILY LAYERS OF BUSHES THAT GET INTO PROVIDING SPACE FOR PEOPLE TO GO INTO.
AND IT'S NOT FIVE FEET HIGH BUSHES AND IT'S NOT FIVE, SEVEN FEET HIGH.
AND SO RENDS LISTED, SO I WAS LIKE, THOSE ARE HIGH.
IT'S MEANT TO BE A HEAD, A HEDGEROW, BUT A LOW.
AND THEN NOW I'LL JUST ADD THAT, UH, THERE'LL ALSO BE, YOU KNOW, NEW LIGHTING, UM, AND NEW SIDEWALKS.
AND RIGHT NOW THE SITE IS NOT USED, IT'S INACTIVE, IT'S VACANT, UM, WHICH DOES TEND TO LEAD TO DANGEROUS SITUATIONS.
WHAT'S THAT? THERE ARE NO BUSHES THERE.
BUT THERE'S ALSO NO ONE THERE.
UM, AND, AND THAT CAN LEAD TO, TO A DANGEROUS SITUATION AS WELL.
ANYONE ELSE ON THE BOARD? I JUST WANTED TO DO A FOLLOW UP QUESTION IF I COULD.
UM, WHEN YOU TALK ABOUT THE OPENING AND THE, UH, PEOPLE THAT YOU BRING IN, IN ORDER TO MONITOR IT AND MAKE SURE THAT IT GOES WELL AND TRAIN OTHER INDIVIDUALS, IS THERE A A SET NUMBER OF INDIVIDUALS WHO HAVE TO BE ON AT CERTAIN, EITHER AT CERTAIN TIMES OR AT ALL TIMES THROUGHOUT THE TIME THAT THE UM, BUSINESS IS OPEN? THAT CAN, IF IN THE EVENT, AND THE ONLY REASON I'M SAYING THIS IS BECAUSE YOUR VENUE IS NEXT TO THE COUNTY CENTER AND THERE ARE A LOT OF THINGS THAT GO ON THERE THAT ARE GOING TO GIVE YOU A LOT OF INCOME COMING IN
AND YOU DON'T KNOW THE OUTCOME OF SOME OF THESE THINGS.
BUT WE KNOW THAT NORMALLY IF IT'S SOMETHING THAT'S A TEAM SPORT, ONE SIDE OR THE OTHER'S GONNA WIN.
SO THERE'S GONNA BE SOMEBODY WHO'S CELEBRATING NO MATTER WHAT.
UH, BUT YOU DO HAVE CIRCUSES AND OTHER EVENTS THAT WE HAVE THERE.
SO I JUST WONDERED, IS THERE A NUMBER OF INDIVIDUALS THAT YOU'RE TRYING TO HANDLE THE PATRONS THAT YOU'RE GETTING COMING IN AS WELL AS HAVE A TEAM THAT IF THE PATRONS CARS AND OTHER THINGS GET OUT OF HAND, THAT THERE ARE ENOUGH PEOPLE TO DO THAT? AND YOU CAN'T? I I GUESS YOU REALLY WOULD HAVE TO KNOW WHAT IS HAPPENING AT THAT VENUE AND HOW TO HANDLE IT.
IT'S NOT JUST A A DAY-TO-DAY REGULAR THING WHERE YOU'VE GOT THE SAME NUMBER OF PEOPLE COMING IN EACH DAY.
SO THE OPERATORS RUNNING THIS BUSINESS, THIS ISN'T AN EASY JOB.
THERE'S A LOT OF OPERATIONAL PROBLEMS TO SOLVE LIKE THAT.
HOW DO WE STOCK ENOUGH CHICKEN? HOW DO WE EMPLOY ENOUGH TEAM MEMBERS? THERE'S A LOT OF OPERATIONAL CHALLENGES THAT WILL COME SIMILAR TO THAT.
THERE'S NO DOUBT IN MY MIND THAT THE OPERATOR OF THIS LOCATION, FIRST THING THEY'RE GONNA LEARN IS I NEED TO GET A CALENDAR OR THAT COUNTY CENTER AND MAKE SURE THAT I'M PREPARED.
MAKE SURE I'M PREPARED FOR ACTIVITIES LIKE THAT.
SO I, I WOULD EXPECT SOMEBODY TO DO THAT.
WHO'S GONNA SUCCESSFULLY OPERATE THE SCOPE.
ON AVERAGE, THERE'S 10 TO 15 TEAM MEMBERS ON STAFF DURING PEAK HOUR LUNCH HOURS.
THEY TEND TO OVERLAP, UM, STAFFING ROTATIONS.
THAT WAY THEY CAN HAVE MORE CAPACITY AS NEEDED DURING PEAK HOURS.
I WOULD IMAGINE THEY COULD FLEX SCHEDULE SIMILARLY FOR COUNTY CENTER EVENTS.
ANY OTHER QUESTIONS? IS, IS THERE ANY REQUIREMENT THAT, YOU KNOW, YOU SAID YOU, YOU, ANYBODY WHO WOULD OPERATE WOULD LOOK AT THE CALENDAR.
IS THERE ANY REQUIREMENTS THAT WILL BE SET UP THAT THEY HAVE TO MAINTAIN A COORDINATION, YOU KNOW, A SIX MONTH MEETING WITH LOCAL OFFICIALS OR SOME SOMETHING THAT, OR THAT THEY DO SOMEHOW, OR WITH THE WESTCHESTER COUNTY CENTER? BECAUSE I'M SURE THE, THESE OWNERS ARE VERY NICE, COMPETENT PEOPLE, BUT I DON'T KNOW WHAT TRAINING YOU'RE GIVING THEM.
I DON'T KNOW WHAT THEIR HISTORIES ARE AND ALL THAT.
WE HAVE TO KIND OF HELP THEM ALONG TO DO THE BEST THEY CAN.
[00:35:01]
YOU KNOW, I'LL, I'LL JUST SAY WE'RE GETTING INTO A LOT OF INTERNAL BUSINESS OPERATIONS, BUT PART OF THE PLANNING BOARD LOOK BACK RIGHT, IS TO SEE HOW THINGS ARE GOING, CHECKING IN WITH THE TOWN, RIGHT.AND THE PLANNING BOARD AT THAT POINT DURING THE LOOK BACK COULD SAY, WE'D LIKE YOU TO COORDINATE MORE WITH WESTCHESTER COUNTY.
WE'D LIKE YOUR OPERATOR TO TALK WITH, YOU KNOW, SOMEONE AT THE COUNTY CENTER OR TO CHECK IN WITH THE BUILDING DEPARTMENT MORE OFTEN.
UM, AND THAT'S WHY THAT LOOK BACK PERIOD IS PRETTY IMPORTANT BECAUSE IT CAN ADD A, AN ADDITIONAL LAYER THAT THE TOWN MAY FEEL IS APPROPRIATE.
I I JUST HAVE A COUPLE OF QUESTIONS.
UH, NOW THAT IT'S OUT THAT THIS IS GOING TO BE A FRANCHISE, WHO IS IT? YOU, YOU TALK ABOUT LOOK BACK PERIODS AND MEETING WITH THE PLANNING BOARD AND THIS AND THAT.
WHO IS THE TOWN SUPPOSED TO COORDINATE WITH IF WE GET COMPLAINTS WITH YOU OR WITH THE OPERATOR? AND IF IT'S THE OPERATOR, THEN THE QUESTION IS DO YOU KNOW WHO THE OPERATOR IS AT THIS POINT? AND IF SO, HAS THAT NAME BEEN GIVEN TO, LET'S SAY THE TOWN TO SEE IF THAT'S A, SO THE TOWN IS SATISFIED SINCE THAT WOULD BE THE INDIVIDUAL THAT WE, YOU ARE ASKING US TO COORDINATE AND, AND UH, COORDINATE WITH IF THERE ARE A COMPLAINT? YEAH, THAT'S A GREAT QUESTION.
JOHN MARTINEZ, CHICK-FIL-A IS COME GIVE YOU GUYS AN UPDATE HERE.
UH, JOHN MARTINEZ, A DEVELOPMENT MANAGER OF CHICK-FIL-A UM, I'VE BEEN IN THIS, MY CURRENT ROLE FOR 10 YEARS, BUT I'VE BEEN ASSOCIATED WITH CHICK-FIL-A SINCE 2001.
SO VERY, VERY FAMILIAR WITH A LOT OF QUESTIONS.
I'VE BEEN BROUGHT A LOT FAMILIAR WITH A LOT OF LOCATIONS.
SO TO ANSWER A SPECIFIC QUESTION ABOUT THE OPERATOR, UM, THE OPERATOR IS JUST THAT THE, THE PARTNERSHIP WE HAVE WITH OUR OPERATORS, OUR FRANCHISEES OR OPERATORS IS THAT THEY, THEY RUN THE STORE, RIGHT? THAT'S THEIR RESPONSIBILITY TO DO THAT HIRING, TO GET INVOLVED IN THE COMMUNITY.
WE CHOOSE THAT OPERATOR, BUT THAT OPERATOR HAS A CONNECTION TO THE COMMUNITY.
THAT PERSON HAS NOT BEEN IDENTIFIED.
UH, THEY WON'T BE IDENTIFIED UNTIL OWNER CONSTRUCTION.
UM, BUT THAT PERSON, I CAN ASSURE YOU HAS SOME CONNECTION TO WESTCHESTER COUNTY TO, UH, POTENTIALLY GREENBURG IN THIS AREA.
UM, THE REASON WHY WE DON'T MAKE THAT THAT DECISION IS THIS INDIVIDUAL HAS TO NOT ONLY HAS THEIR INCOME FROM THE STORE, THEY CAN'T EVEN BE A SILENT PARTNER IN ANOTHER BUSINESS.
A HUNDRED PERCENT OF THEIR MONEY COMES FROM THE STORE.
WE HAVE A STORE FOR THAT, RIGHT? I MEAN, IF THIS HAD NEVER HAPPEN FOR, FOR, FOR VARIOUS REASONS, THAT INDIVIDUAL, AS SOON AS THEY'RE ANNOUNCED, THEY HAVE TO GIVE UP ANY WORK.
SO IT'S VERY IMPORTANT THAT WE HAVE A STORE PERMIT IN PLACE.
WE'RE UNDER CONSTRUCTION WHEN WE ACTUALLY NAMED THAT INDIVIDUAL.
UM, BECAUSE WE, WE OWE IT TO THEM TO MAKE SURE THAT WE'RE WE'RE PROVIDING AND SETTING 'EM UP FOR THE NEXT 60 YEARS.
AND THAT'S HOW LONG OUR LEASES ARE.
SO CHICK-FIL-A'S COMMITTED TO THE COMMUNITY, WE'RE WE'RE GONNA BE HERE FOR THAT PERIOD OF TIME.
UM, WE'LL, WE'LL DO AS FAR AS WHO YOU WOULD CONTACT WOULD BE THAT INDIVIDUAL, THAT WOULD BE THE FIRST LINE.
IF THERE'S AN ISSUE, WHETHER IT WAS THE POLICE OR WHOMEVER THEY WOULD CONTACT THAT INDIVIDUAL, UH, WE'RE GONNA KNOW ABOUT IT.
IF THEY DON'T DO THEIR JOB THE WAY WE HAVE TO, WE HAVE AN AGREEMENT WITH THEM.
CHICK-FIL-A ULTIMATELY WILL STEP IN AND DO THE, AND DO THAT PART WHATEVER, WHATEVER THAT NEEDS TO BE DONE.
UM, SO WE'RE THERE, WE SUPPORT THAT INDIVIDUAL, BUT IT'S, IT'S THEIR BUSINESS TO RUN.
UM, WE HAVE OVER 3000 CHICK-FIL-A LOCATIONS THAT ARE RUN THIS WAY THROUGHOUT THE COUNTRY.
SO, UH, WE'RE, WE'RE PRETTY FAMILIAR, PRETTY CONFIDENT THAT WE HAVE THE, THE, THE PROCESSES IN PLACE TO HANDLE THAT.
I, I CAN TELL YOU FOR SURE, WE'RE NOT GONNA HAVE THAT INDIVIDUAL NECESSARILY BE FITTED BY THE TOWNSHIP.
IT'S, IT'S REALLY OUR HARDWARE DECISION AND WE'RE GONNA MAKE SURE THAT THE DIGITAL IS THERE.
UH, WITH, WITH REGARDS TO GRAND OPENING AND GRAND OPENING TRAFFIC.
YEAH, WE, ONE PART OF OUR SUPPORT FOR THAT OPERATOR IS TO SHOW 'EM HOW IT'S DONE, HOW IT'S DONE CORRECTLY.
SO WE HAVE THESE TEAM MEMBERS THAT COME FROM ALL OVER THE COUNTRY THAT COME IN AND WILL HELP THEIR TEAM MEMBERS GET ACCLIMATED TO WH HOW CHIP FLIGHT WANTS TO SEE IT DONE.
UM, TOTAL EMPLOYMENT IS SOMEWHERE IN THE NEIGHBORHOOD OF PROBABLY 90 TO A HUNDRED FOLKS WILL BE EMPLOYED BY THE CHICK-FIL-A UM, THE REASON FOR THAT, EVEN THOUGH THEY'RE NOT, OBVIOUSLY THEY'RE ON AVERAGE SHIFT.
WHAT'S THE TURNOVER RATE, UM, AT THE AVERAGE CHICK-FIL-A FOR FOR FOR TEAM MEMBERS? TURNOVER RATE EMPLOYEES? YEAH.
UM, IT'S HARD TO SAY IT IS PROBABLY, IT'S DEFINITELY LOWER THAN THE AVERAGE, BUT, UM, IT MAY BE IN THE 30, 40% RANGE.
[00:40:01]
GOTTA REALIZE IS THAT THERE'S A MIXTURE OF FOLKS THAT WE HIRE, RIGHT? WE HIRE SOME, SOME YOUNGER FOLKS.UH, AND ANYONE THAT'S UNDER 18 IS NOT PERMITTED TO BE OUTSIDE ON TRAFFIC.
UH, DUTY KNOW, A, YOU HAVE TO AT LEAST BE 18 YEARS OLD.
UM, AND THEN WE HIRE ALL THE WAY UP TO, TO RETIRE FOLKS TO UP THERE.
SO THERE'S A WIDE RANGE OF EVERYONE IN BETWEEN.
IT'S ALSO A VERY FREE TO NOTE THAT ABOUT HALF THE FOLKS THAT ARE HIRED ARE ACTUALLY FULL TIME AND ABOUT HALFTIME, BUT IT'S NOT MY DECISION.
IT'S SEVERAL COOPERATIVE DECISION.
UM, SO WE, WE AGAIN, WE'RE, WE'RE VERY COMFORTABLE.
I THINK THOUGH THE MOST IMPORTANT THING TO REALIZE IS IF YOU'VE SEEN SOME OF THE VIDEOS OF CHICK-FIL-A GRAND OPENINGS, I'M THINKING NEW YORK, I'M THINKING LIKE UP, UP UPSTATE NEW YORK.
WE OPENED A FEW, THERE'S A LOT OF DIFFERENCES BETWEEN THAT AND WHAT WE'RE DOING HERE.
UM, UP THERE, THE NEAREST CHICK-FIL-A TO THAT STORE WAS TWO HOUR DRIVE.
SO THERE WAS NONE AROUND THERE.
HAD A VERY LARGE HALF OF DEMAND HERE.
WE HAD THE SAME ISSUE EVEN IN BERGEN COUNTY WHEN RAMSEY OPENED UP.
THAT WAS REALLY THE FIRST MAJOR STORE OF NEW JERSEY OPENED UP IN BERGEN COUNTY.
BUT SINCE THEN, WE'VE OPENED UP A FEW OTHER LOCATIONS.
MOST NOTABLY, ABOUT A MONTH AGO WE OPENED UP S NEW JERSEY.
I READ ON 17, IF YOU'RE NOT, AND THERE HASN'T BEEN A TRAVEL ISSUE.
AND THE REASON FOR THAT IS BECAUSE OF THIS SAME DESIGN THAT WE'RE USING ON THE DUAL LANE IS, IS INCREDIBLE.
IF YOU HAVEN'T SEEN IT YET, IT CAN REALLY MOVE SOME FOLKS.
WHAT WE FIND IS THAT, THAT YOU DO ACTUALLY GET A LITTLE BIT OF, OF, OF BACKUP ON IN THE GRAND OPENING PERIOD.
AND, AND THE REASON FOR THAT, YOU THINK ABOUT IT'S A PERFECT STORM, RIGHT? A PERFECT STORM OF PENT UP DEMAND.
CUSTOMERS THAT AREN'T FAMILIAR WITH HOW CHIEF CHICKLETS AN OPERATOR AND NEW TEAM MEMBERS THAT, THAT DON'T KNOW HOW TO HAD, TAKE ORDERS PROPERLY.
AND THAT'S WHY WE BRING IN THE, UH, THE EXTRA HELP, UH, GRAND OPENING PLAN.
I CAN TELL YOU THAT WE'RE WE'RE, WE GIVE IT TO THEM, WE TRAIN 'EM ON IT.
UH, OUR TRUCK ENGINEERS ABSOLUTELY CORRECT.
IT'S THEIR PLAYBOOK FOR ANY TIME THEY HAVE ISSUES.
SO AS SOON AS THAT CAR STARTS COME OUT, HEY, LET'S GO HERE.
LET'S SEE WHAT WE'RE SUPPOSED TO DO.
HEY, WE'RE SUPPOSED TO DO TRAFFIC AMBASSADOR HERE.
THAT'S GONNA, THAT'S GONNA HELP MANAGE THE TRAFFIC.
AND ESSENTIALLY JUST SO FOR YOUR AWARENESS, IF THAT TRAFFIC STARTS TO BACK UP, OUR FIRST AND BEST LINE OF DEFENSE IS ACTUALLY INFORMING THE FOLKS THAT ARE IN TRAFFIC LINE, HEY, YOU GOING NEED YOUR FOOD.
YOU WANNA EAT IT FASTER? DON'T WAIT IN THIS LINE.
DOWNLOAD THE APP MOBILE ORDER, PARK IN THE INSTALL, WALK IN, GET IT AND LEAVE.
YOU'LL STILL SEE THE CAR THAT WAS DRAINED BEFORE.
STILL YOU'RE TRYING TO GO THROUGH THE DRIVE THROUGH.
SO WE EDUCATE OUR APART CUSTOMERS, HOW, HOW WE GONNA OPERATE.
UM, I'M VERY CONFIDENT THAT CAN ALL THAT INFORMATION BE PUT ON THAT LED SIGNAGE FROM THE WAS SUGGESTED? YEAH.
SO WE, WE HAVE LOOKED AT THAT.
IT SOUNDS LIKE THE TECHNOLOGY IS THERE.
UM, WE ACTUALLY INVESTIGATE AND INVESTIGATED THAT VERY THING, THAT TIME, UH, SYSTEM.
AND THERE'S A COMPANIES THAT THERE THAT WILL TRY AND SELL YOU THAT.
THEY'RE ALSO COMPANY THERE THAT TRY AND SELL YOU TO BROOKLYN BRIDGE.
UM, BUT WHEN YOU ACTUALLY GET INTO THE, INTO THE NUTS AND BOLTS OF IT, IT HAS A LOT OF CHALLENGES WITH TECHNOLOGY AND IT'S ALSO GETS A LITTLE BIT, UH, CHALLENGING TO, TO OPERATE
IT'S A LITTLE BIT ISSUE BECAUSE THE ONLY WAY TO DO IT PROPERLY IS TO ACTUALLY IDENTIFY EACH CAR.
SO THE WAY TO DO THAT, YOU HAVE TO READ LICENSE PLATES AND SOME PEOPLE FIND THAT OFFENSIVE TO ACTUALLY TAKE LICENSE PLATE DATA.
AND SO THAT'S NOT SOMETHING THAT CHICKA IS LOOKING TO DO.
SO WE DON'T, WE DON'T DO THAT.
UM, AND SO IT'S, IT'S NOT SOMETHING THAT I WOULD, I REALLY RECOMMEND AND, AND I HAVE PERSONALLY LOOKED INTO, I LOOKED INTO THE FOR, FOR
I HAVE TROUBLE UNDERSTANDING WHY YOU WOULD NEED A LICENSE PLATE FOR THAT OR ANY VISUAL OF THE CAR BECAUSE YOU HAVE, IF YOU HAVE TO DETERMINE IF THERE'S A HALF AN HOUR RATE OR ANY KIND OF WAIT, YOU ACTUALLY HAVE TO MEASURE THE WAY IT IS.
NO, YOU JUST PUT IT WHERE YOU KNOW THAT IF THE CARS ARE AT THIS POINT FOR FIVE MINUTES, IT JUST TRIGGERS THE SIGN.
IT IT DOESN'T HAVE TO, IT IT DOESN'T HAVE TO, YOU DON'T HAVE TO KNOW ANYTHING ELSE ABOUT IT.
YOU KNOW, IF THERE CAN BE SIGNS THAT PUT UP, THEY'RE DRIVING AT 43 MILES AN HOUR.
I THINK THEY'RE, THEY'RE THEY'RE ON ALL ROADWAYS.
WELL WE, WE, WE, WE CERTAINLY WOULDN'T BE MEASURING ANYTHING, ANYTHING ON PUBLIC ROADWAY, RIGHT? NO, I'M SAYING IF, IF YOUR LAST ANYTHING ON SITE, WE, WE WERE LOOKING, IF THAT 33RD CAR HASN'T MOVED IN FIVE MINUTES, YOU KNOW YOU'VE GOT A PROBLEM.
SO WHAT YOU'RE SUGGESTING IS THAT THAT'S A VARIABLE MESSAGE SIGN THAT IF A QUEUE HITS A CERTAIN POINT THAT DOES, IT JUST INDICATES THAT YOU KNOW, ONE MESSAGE.
IT'S NOT, THERE'S A HALF AN HOUR DELAY IN GETTING ANY FOOD,
[00:45:01]
ORDER IT ONLINE AND PICK IT, DROP PARK AND PICK IT UP.THAT'S A SIGN THAT COMES, WHATEVER, YOU KNOW, I'M NOT TELLING YOU HOW TO RUN YOUR BUSINESS, BUT I'M, I'M SAYING THERE, THERE'S NO REASON.
YOU'RE RIGHT, THERE SHOULD BE NOTHING THAT IDENTIFIES A LICENSE PLATE OR ANY OF THAT STUFF, WHICH YOU, YOU ALREADY HAVE PEOPLE'S CREDIT CARDS.
SO
UM, YOU KNOW, IT WOULDN'T BE UNCOMMON FOR CONDITION OF YOUR APPROVAL PLANNING, BOARD APPROVAL THAT BEFORE A CO IS ISSUED, YOU PROVIDE IN TOWN WITH THE CONTACT INFORMATION OF THE OPERATOR, THEY HAVE TO GET THE LICENSE BY THE HEALTH DEPARTMENT ANYWAY SO THAT THEY GO THROUGH, THEY GO THROUGH TOWN AND RIGHT OUT PATIENTS IF THEY CAN STOP AND LET US TALK FOR A WHILE.
'CAUSE I'VE HEARD EVERYTHING THEY SAID LAST TIME WE WERE HERE.
OKAY, YOU HAVE TO LET THEM FINISH.
WHY? BECAUSE I HAVE TO SIT THERE AND HEAR YOU HAVE MR. BOW.
I'VE BEEN SHOT UP BY YOU A NUMBER OUR TIMES.
DOES THE BOARD HAVE ANY OTHER CONCERNS THEY WISH TO.
IS THERE ANYTHING ELSE THAT CHICK-FIL-A WISHES TO SAY WITH RESPECT TO WHAT WE HAVE DISCUSSED SO FAR SO THAT WE CAN PERHAPS LET OTHERS FROM THE COMMUNITY HAVE A SAY? SURE.
I, I WOULD JUST AGAIN REMIND THE BOARD THAT THE PLANNING BOARD AND THE TOWN'S TRAFFIC CONSULTANT TOOK OVER PROBABLY OVER A YEAR REVIEW OF THE TRAFFIC AND THE QUEUING AND THE PARKING AND, AND ISSUED A NEGATIVE DECLARATION FINDING THAT.
SO, UM, YOU KNOW, THERE SHOULD BE SOME CREDENCE TOWARDS THE TOWN'S TRAFFIC CONSULTANT AS WELL.
AND IF THERE'S ANY OTHER QUESTIONS WE'RE HAPPY TO ANSWER.
AND WE'LL CONTINUE TO WORK WITH, OKAY.
WHERE SHOULD MR. BOW SIT AGENDA? OKAY.
WE CAN HAVE IF YOU WANT NO, EXCUSE ME SIR.
YOU WANT SIT OVER THERE? YEAH, I'M GONNA LET, I'M GONNA LET YOU SIT RIGHT IN HERE.
WE'RE HERE TO, WE'RE HERE TO ADD INFORMATION, NOT HEAR THE SAME INFORMATION.
WHAT I FIND OUT IS A DIRTY LITTLE SECRET.
YOU ALL ARE VERY BRIGHT PEOPLE.
YOU'VE HEARD IT ALL BEFORE AND EVERYBODY FORGETS THAT THEY GET PAID BY THE WORD, YOU'LL FALL ASLEEP.
I HAVE NO INFORMATION THAT HE HAVEN'T HEARD BEFORE.
OKAY? I WAS AT THE PLANNING BOARD MEETING I PLANNING BOARD MEETING.
DO YOU WHAT? DO YOU HAVE HIS NAME? YOU HAVE IDENTIFY YOURSELF.
HE HAS GOOD INFORMATION BY WAY HE KNOWS WHICH HANDS I BRUSH YOUR TEETH WITH.
I WAS PLANNING ON MEETING AT THE UH, DAYCARE CENTER.
THEY HAD THE TRAFFIC GOING RIGHT UP AGAINST THE WALL.
THE PLAN THAT YOU HAVE HERE HAS THE PARKING AGAINST THE AVENUE AND THE PEOPLE THAT PARK THERE HAVE TO WALK ACROSS TRAFFIC.
THE QUESTION IS WHY DO YOU WALK ACROSS TRAFFIC? WHY DON'T YOU PUT THE LINES TO GO PICK UP STUFF AGAINST THE FENCE AND THEN PEOPLE THAT WILL HAVE TO CROSS THAT THEY COULD INSIDE AND SIT DOWN TRAFFIC.
IN DECEMBER OF 23, THEY CAME OUT A NEW MY RULE OF TWO UNIFORM TRAFFIC CONTROL DEVICES.
THEY MADE ALL THOSE WARRANTS, WHICH ARE THE RULES THAT YOU FOLLOW TO GET ANYTHING DONE.
THEY VOIDED EVERYONE PASSED AND PRESENT.
AND WHAT THEY SAID WAS, YOU KNOW YOUR AREA BETTER THAN ANYBODY ELSE.
IF YOU HAVE AN IDEA, IT'S BETTER THAN WHAT THEY'VE BEEN DOING FOR 50 YEARS.
YOU WONDER HOW WRONG THEY ARE.
WALK OUTSIDE AND I'LL SHOW YOU THE STREET WHERE DOT HAS PARKED IT AT LEAST 10 TIMES ROLLING FOR THE LAST 40 YEARS.
AND THEY WON'T CHANGE IF THEY CAN'T GET IT FRIGHTENED IN FRONT OF TOWN HALL, RIGHT? 10 TIMES AND REPAINT IT THE WRONG WAY 10 TIMES.
WHY DO WE EXPECT DOT TO KNOW WHAT THEY'RE DOING WHEN THEY'RE DOING THIS? ONE? THE LANES FOR THE PICKUP SHOULD BE AGAINST THE FENCE AND IT SHOULD BE A FENCE.
FIVE FEET HIGH, SIX FEET HIGH SOLID SO NOBODY CAN RUN THROUGH IT.
WE'LL PUT PLANT THINGS ON IT TO HIDE IT.
BUT PUT IT ON THE SIDE WHERE PEOPLE WHO WANNA WALK INSIDE DON'T HAVE TO CROSS TRAFFIC.
YOU HAVE TRAFFIC ENGINEERS THAT SAY WE WORK WITH NEW YORK STATE DOT IF THEY CAN'T GET RIGHT HERE AND I CAN TAKE YOU WITHIN A MILE HERE AND SHOW YOU A HUNDRED TIMES WHERE DO TS
[00:50:01]
GOT IT SCREWED UP.A DIVE STRAIGHT WHERE THEY SAY ONLY A LEFT TURN.
WHAT DO PEOPLE LOOK THE SIDELINES ARE WONDERFUL, BUT THAT'S THE WAY THE BOOK WAS WRITTEN 50 YEARS AGO.
THE FACT THAT THEY SAY WE DID THIS 10 TIMES IN 20 YEARS, THEY'VE BEEN DOING THE WORLD 10 TIMES FOR 20 YEARS.
PRIORITIES CHANGED AND SAM SCHWARTZ HAS NOT CHANGED.
SO THE INFORMATION THAT YOU SHOULD BE GETTING, 'CAUSE YOU'VE ALREADY HEARD IT ALL RIGHT BEFORE YOU'VE HEARD IT.
THOSE OF YOU WHO SAY I'M NOT LOSING IT, I AM LOSING.
AND DON'T ASK ME HOW I AM UNLESS YOU REALLY WANT TO KNOW.
I HAD TWO FUNERALS LAST WEEK AND I PROBABLY HAVE ANOTHER ONE THIS WEEK.
I CAN'T REMEMBER MY KIDS' NAMES.
I GOTTA LOOK UP MY SON'S NAME.
SO UNLESS YOU REALLY WANNA KNOW HOW I AM, DON'T ASK ME HOW I AM.
JUST BECAUSE EVERYBODY'S BEEN THROUGH IT FOR 50 YEARS AND THAT'S A GREETING THAT HAS NO VALIDITY WHATSOEVER.
THEY SAY, HOW ARE YOU? AND THEY'RE GONE LIKE THAT WITHOUT ANSWER CAN ANSWER.
THAT'S HYPOCRISY IN THE FIRST WORD.
AND FOR HIM TO TELL ME TO SHUT UP, I'M GONNA TELL HIM TO SHUT UP BECAUSE WHEN FRANCIS SEAS TOLD ME TO SHUT UP AND HE DID IT TO PAT WEEMS, HE MADE HER RESPONSIBILITY FOR SOLVING THE PROBLEM INSTEAD HIM ANSWERING THE QUESTION, HIS FAVORITE TACTIC.
AND THE LAST TIME HE PULLED OUT ON ME, I WALKED OUT BECAUSE HE WOULD NOT GIVE ME A CHANCE TO REVIEW WHAT HE SAID HE WANTED THE LAST WORD.
AND SO I'M 91, I'M SURE I'M NOT GONNA LAST OUT.
AND I GOT EVERY, I ATE ICE CREAM HERE, FULL ICE CREAM.
WHAT DIFFERENCE DOES IT MAKE? I'M GONNA DIE.
AND IF I HAVE TO TELL HIM TO SHUT UP, I WILL TELL HIM TO SHUT UP.
THE SECRET WAS YOU'VE HEARD IT ALL BEFORE.
'CAUSE I'VE HEARD IT ALL AND I FOUND OUT HOW SMART YOU ALL ARE AND YOU CAN'T SAY ANYTHING BECAUSE YOU ARE ON THE BOARD.
BUT I CAN SAY IT AND IF I'M WRONG IS MY CARD TRUST NOTHING.
WALK OUTSIDE RIGHT IN FRONT OF THIS BUILDING.
THEY'VE BEEN
THAT PROVES THAT DOT IS WRONG AND WE ARE NOT.
THEY DIDN'T, HOW DO YOU TELL A HUNDRED THOUSAND TRAFFIC ENGINEERS? THEY'VE BEEN DOING THE FOR 50 YEARS.
IT'S A LITTLE EMBARRASSING THAT THEY HAPPENED.
PROOF IS RIGHT IN FRONT THIS BUILDING.
YOU DON'T HAVE TO GO FAR RIGHT THERE, BUT IF I HAVE TO INTERRUPT AGAIN TO FINISH AND REFUTE TO SOMETHING THAT SOMEBODY SELLS UP THERE, I'M GOING TO DO IT.
AND YOU WANT TO CALL KOBE? I TAKE OUT HERE.
UH, TOM B I'M THE FULTON PARK NEIGHBORHOOD ASSOCIATION.
UM, I HAVE LEARNED FROM ELLA AND OTHERS THAT MY LETTERS THAT WAS SENT WERE NOT ENTERED INTO THE OFFICIAL RECORD.
SO I DON'T KNOW WHO, I'M SORRY, WHO WERE YOU? TOM BACH WITH TOM BACH WITH FULTON PARK NEIGHBORHOOD ASSOCIATION.
SO WHO DO I GIVE IT TO TO MAKE IT THE SECRETARY? OKAY, I'M SORRY.
I DON'T KNOW WHO THE PLAYERS ARE.
SO I'VE STOPPED COMING TO MEETINGS BECAUSE I, I FEEL THAT OUR NEIGHBORHOOD'S BEST INTEREST IS NOT IN, IN EVERYBODY'S HEART.
SO I HAVE TWO THINGS I WANT TO TALK ABOUT AND WITH THE WIND HERE, CONSIDER THIS, THIS PICTURE.
BOTH SIDES, DIFFERENT PICTURES, DIFFERENT PICTURES.
LOCATION JUST SO I WOULD JUST WANT EVERYBODY TO SEE IT BEFORE I TALK ABOUT IT.
SO I WAS DISTURBED TO HEAR THAT MY, MY LETTERS WERE NOT ENTERED INTO THE OFFICIAL RECORD.
THE OTHER THING IS AS I SIT HERE AS MURRAY SAID, AND LISTEN AGAIN, IT THE SAME THING BEING SAID.
I APPRECIATE SOME OF THE POINTS THAT YOU BROUGHT UP.
UM, AND PART OF THAT IS THEY ARE RAISING THAT PROPERTY TO PUT IN THIS CHICK-FIL-A
[00:55:01]
THAT MEANS THEY'LL BE TREATED LIKE AN ISLAND.ALL THE WATER THAT WE GET IN OUR NEIGHBORHOOD, WHICH YOU CAN SEE IN THE PICTURES AND I APOLOGIZE, ONE OF 'EM IS WATERY JUST 'CAUSE IT'S OFF THE VIDEO.
BUT ALL OF THE, ALL OF THE WATER POOLS IN OUR NEIGHBORHOOD.
SO THEY'RE GONNA HAVE A HIGH POINT, WHICH MEANS ALL THE WATER THAT WOULD BE ON THAT PROPERTY IS GONNA COME DOWN TO US.
SO WE GET WATER FROM THE NORTH COMING DOWN.
OLD KENS OF
SO THE STORM THAT WE HAD THIS PAST WEEK FOR HALF AN HOUR, THOSE ARE THE PICTURES FROM, THAT'S THE WATER WE DEAL WITH ALL THE TIME.
SO NOW I'M NOT WEARING A SUIT AND YOU'RE NOT GONNA PAY ATTENTION TO ME LIKE YOU ARE THEM.
AND THEY'RE GONNA COME BACK AND KEEP SAYING, OH WELL THIS, THIS IS GOOD.
AND SOME OF YOU MIGHT REMEMBER IT, SOME NOT.
UM, THE TRAFFIC RATING WAS AN F ON ONE 19.
I DON'T KNOW HOW IT GOT BETTER 'CAUSE IT DIDN'T GET BETTER, IT DIDN'T GET LIGHTER.
BUT THEY'RE OPERATING IN A VACUUM OF JUST CHICK-FIL-A AND THERE'S MORE GOING ON BESIDES CHICK.
SO THE COUNTY CENTER, AS MUCH AS THEY KIND OF PRECLUDED THE COUNTY CENTER EVENTS HAPPEN EVERY WEEKEND, 52 WEEKS A YEAR.
THEY PARK ON OLD PENSACOLA COUNTY CENTER, BOTH THE WEST SIDE COUNTY CENTER ON THE OPPOSITE SIDE BY 10 COUNTY CENTER ROAD.
AND THEY PARK IN THE 10 COUNTY CENTER LOT.
AND THEN THEY GET BOOTED, WHICH, YOU KNOW, NOT TOO BAD, BUT YOU KNOW, THEY HAVE SIGNS UP THAT SAY NO PARKING.
SO YOU HAVE GRADUATIONS THIS TIME OF YEAR AND YOU'LL SEE THE BUSES FLYING THROUGHOUT FULTON PARK BECAUSE THEY DON'T HAVE ANY PLACE THEY CAN GO.
THEY ACTUALLY WOULD PARK IN THE CVS LINE AND CVS WAS OKAY WITH THAT 'CAUSE IT WAS TEMPORARY.
BUT THESE GUYS WON'T ALLOW THAT.
ON THE WEEKENDS YOU HAVE BASKETBALL GAMES, YOU ALSO HAVE CHURCH SERVICES IN PENN COUNTY CENTER ROAD.
SO BETWEEN, AND, AND WHEN THEY DO IT OUTSIDE, YOU KNOW, IT'S LIKE A ROCK AND ROLL CONCERT.
YOU CAN HEAR IT ALL THE WAY DOWN TO THE END OF THE STREET.
BUT THEN THERE'S CONVENTIONS AND OTHER THINGS THAT GO ON THERE.
SO THE COUNTY CENTER IS A VIABLE POST COVID OPERATION NOW WHERE THEY'VE PICKED UP AGAIN AND THEY, THEY ARE BUSY.
AND WHEN YOU HAVE THE BASKETBALL PLAYOFFS, THE GAMES START IN THE MORNING, THE PLUSES UNLOAD IN THE MORNING AND THEY JUST KEEP CYCLING THROUGH.
THE NEW TEAM COMES IN, NEW BUS AND YOU KNOW, WE'RE STUCK.
NOW THEY'RE GONNA BUY A TRAFFIC LIGHT.
WHOA, THAT WHITE PLAINS CONTROLS.
SO WHEN WE COME TO FINER AND THE BOARD AND ASK THEM TO CHANGE THE TIMING OF THAT LIGHT, WE GOT THREE SECONDS.
SO FOR ANYBODY WHO DOESN'T HAVE THEIR HEAD SOMEWHERE ELSE, YOU KNOW THAT CHANCES ARE PRETTY GOOD.
THE CAR IN FRONT OF YOU HAS SOMEBODY ON THE PHONE.
SO IF THEY'RE NOT PAYING ATTENTION TO THAT LIGHT CHANGING, YOU'RE NOT GETTING SIX CARS THROUGH.
SO IN THE MORNING WE SIT THERE AND WAIT SOMETIMES 1215 DEEP GOING DOWN OLD KENSICO TO GET THROUGH, YOU KNOW, THREE CARS THROUGH ONE THEY MENTIONED ABOUT YOU'D HAVE TO HAVE SOMEBODY CALL THE POLICE OR HAVE A POLICE PRESENCE.
AND THAT WOULD BE THE FIRST TIME WE GET COPS IN OUR NEIGHBORHOOD BECAUSE WE DO COMPLAIN ABOUT NOT BEING THERE.
WE COMPLAIN ABOUT THE PARKING.
NOW IF YOU, I, I DON'T HAVE A PICTURE FOR YOU OF THE PARKING, BUT IF YOU KNOW WHERE THE CIRCLE IS, I KNOW YOU KNOW WHO THE CIRCLE IS.
FROM THE CIRCLE GOING, GOING NORTH ON OLD
SO WHEN I SEE SOMEBODY PARKED IN FRONT OF A HYDRANT, I DO CALL THE POLICE.
SO THESE GUYS ARE SAYING THAT THEY'RE GONNA HAVE A DOUBLE A DUAL QUEUE AND YOU'D BE AMAZED AT HOW SUCCESSFUL THIS IS, BUT WHAT, WHAT NOBODY'S ADDRESSING ACTUALLY, AND, AND I'M SORRY I DON'T KNOW YOUR NAME, BUT SHAUNA SHAUNA, WHAT SHAUNA WAS ADDRESSING ABOUT TRAFFIC IS VERY REAL.
AND WE SUFFER THIS EVERY DAY THE ONLY UPSIDE OF CHICK-FIL-A IF YOU WANNA SAY IT'S AN UPSIDE, IS THEY DON'T OPERATE ON SUNDAY, BUT THAT STILL MAKES GOING TO WORK HELL FOR MOST OF OUR
[01:00:01]
NEIGHBORHOOD.WE HAVE A STUPID LAW THAT IF YOU TAKE ONE DOWN, YOU HAVE TO PLANT TWO, WHICH IS ABSURD.
I THINK IT'S ABSURD BECAUSE I TOOK A TREE DOWN SO I COULD PUT SOLAR POWER AND I GOTTA PLANT TWO TREES IN A YARD.
I DON'T HAVE ROOM FOR TWO TREES, BUT THEY WON'T HAVE TO PLANT THE TREES.
THEY'LL GET, THEY'LL GET ANOTHER VARIANCE.
AND, AND THE PROBLEM WITH ALL THE VARIANCES IS THAT IT PROVES THE UN SUITABILITY OF THIS PROPERTY TO THIS PROJECT.
AND THEY HAVE TWO OTHER, AND NOW, NOW I JUST LEARNED THAT THEY SAID THERE'S GONNA BE YET ANOTHER CHICK-FIL-A, THEY HAVE TWO ON CENTRAL AVENUE.
THEY'RE GONNA HAVE ONE AT CROSSROADS OR WHATEVER THE HELL THEY'RE GONNA PUT IT.
AND, YOU KNOW, LOOK AROUND, SMASHBURGER IS DYING.
ALL THESE HAMBURGER PLACES ARE LIKE, THEY'RE STRUGGLING.
'CAUSE I'M GONNA MOVE AT SOME POINT.
I JUST CAN'T TAKE THE FACT THAT THE BOARDS, WHETHER IT'S THE TOWN BOARD, THE ZONING BOARD, AND THE PLANNING BOARD DON'T CARE ABOUT THE NEIGHBORHOODS.
THEY ONLY CARE ABOUT THE DEVELOPERS.
AND, AND THAT'S WHAT'S WRONG HERE IS THESE GUYS COME IN WEARING THE SUITS.
THEY ALL, THEY'RE ALL SMOOTH TALKERS.
AND I CAN TELL YOU THAT, YOU KNOW, FROM EXPERIENCES I'VE BEEN TO THE ONE IN CONNECTICUT, I WATCHED THE TRAFFIC BACK UP ONTO ROUTE LONG.
AND I SEE THAT HERE THEY'RE GONNA EXPAND OLD KENSICO ROAD.
WHEN WE ASKED FOR OLD KENSICO ROAD TO BE EXPANDED, WE WERE TOLD NO WAY.
'CAUSE WE WANTED THE RIGHT HAND TURN TO AT LEAST BE ABLE TO GET THROUGH, UH, YOU KNOW, FOR THAT.
SO THEN WE WERE TOLD THAT FULTON AVENUE ISN'T REALLY FULTON AVENUE, AND THAT'S HOW WEST HA WAS ABLE TO GET THEIR, THEIR BUILDING PUT UP.
AND THEY USED THOSE SPACES THAT WAS HOME AVENUE FOR PARKING.
AND IT IS JUST A MATTER OF SMOKE AND MIRRORS.
YOU KNOW, WE CAN BE SMOOTH TALKERS AND, AND NO MATTER HOW MUCH WE TRY AND CONVINCE YOU THAT THIS IS NOT GOOD FOR OUR NEIGHBORHOOD, WE ARE EXISTING TAX PAYERS.
WE CARRY THE TOWN, THEY DON'T, AND THEN THEY'RE, THEY'RE PROBABLY GONNA LOOK TO GET TAX BREAKS ON TOP OF EVERYTHING ELSE ELSE THAT GOES ON.
SO FROM OUR PERSPECTIVE, UM, YOU KNOW, WE ALREADY HAVE A LOT OF DEBRIS ON OUR STREET AND WE GET MORE DEBRIS EVERY TIME IT RAINS BECAUSE EVERYTHING EMPTIES OUT INTO OUR NEIGHBORHOOD ON OLD FENCE AND, AND MIL TERRACE AS WELL.
BUT I, I JUST, I'D ASK YOU TO, TO JUST NOT APPROVE THIS, AND THAT'S, THAT'S WHAT I GOT HERE BEFORE YOU GO.
IS IT TRUE THAT THE WEATHER WAS, I DON'T BELIEVE THAT'S TRUE.
I CAN'T VERIFY IT THIS MOMENT.
I, WHEN I GO UPSTAIRS I CAN, BUT IF YOU SEND IT TO ME AND I RESPONDED TO YOU, OKAY.
WHO'D YOU SEND IT TO? IF, IF YOU REMEMBER PATRICIA AND KIRA SENT IT TO ER, THEN IT WOULD'VE BEEN, I'M JUST SAYING IT WOULD'VE BEEN DISTRIBUTED OUT TO THE BOARD AND IT WOULD BE ADDED TO THE RECORD.
SO I, I DON'T HAVE ACCESS AT THIS MOMENT, BUT I UNDERSTAND THAT, AND ELLA TOLD ME AND KNOW ELLA.
SO I BELIEVE THAT IF SHE SAID THAT, YOU KNOW, NO, IT'S PROBABLY TRUE.
IF I RECEIVED IT AND I RESPONDED AND CONFIRMED THAT I RECEIVED IT AND IT WAS FORWARDED TO THE BOARD, IT'S ADDED TO THE RECORD.
WELL, I'LL JUST SAY WE HAVE A RESPONSE TO MR. BOX'S QUESTIONS.
IN OUR INITIAL SUBMISSION, WE HAD A RESPONSE TO COMMENT DOCUMENT.
IT'S THE LAST EXHIBIT, OUR FEBRUARY SUBMISSION.
OKAY, HERE'S YOU TALKING LETTER.
AND THERE'S SOME SORT OF A LITTLE SCREEN.
THERE'S NOT WELL, IT'S, IT'S A REAL SCREEN.
FOR THE PURPOSE OF THE, IT SEEMS LIKE THERE'S MULTIPLE CONVERSATIONS HAPPENING.
UM, WE GOTTA BE RESPECTFUL OF THIS STENOGRAPHER, AND IT SOUNDS LIKE MR. BOX'S LETTERS WERE RECEIVED AND WERE DISTRIBUTED.
THE APPLICANT RESPONDED TO THEM.
SO I DON'T KNOW IF THAT NEEDS TO BE DISCUSSED FURTHER.
WHAT, WHAT DATE? YOU SAID YOU RESPONDED IN FEBRUARY.
SO WE PROVIDED THE ZONING BOARD OF APPEALS, UH, RESPONSES TO YOUR LETTERS THAT YOU SUBMITTED TO THE PLANNING BOARD, WHICH APPEAR TO BE THE SAME.
THE PLAN, I SENT IT BOTH TO THE PLANNING AND THE ZONING.
SO WE HAVE EXHIBIT I TO OUR SUBMISSION, UM, COMMENT RESPONSES AND REVIEWER RESPONSE DATE OF OUR RESPONSE WAS FEBRUARY 14TH.
BUT YOU JUST MENTIONED THAT'S BEFORE HIS LETTERS WERE WRITTEN.
YEAH, KIRA SENT THIS OUT ON THE 12TH AND I SENT THIS IN
[01:05:01]
ON THE 27TH.SO HE'S TALKING ABOUT AN APRIL LETTER.
YOU'RE TALKING ABOUT A FEBRUARY RESPONSE.
AND FRANKLY, THAT'S WHY I, JUST TO MAKE SURE THAT I RECORD, I HAVE A COMMENT RESPONSE.
OH, THIS IS FROM THE PLANNING BOARD MEETING ON NOVEMBER 15.
WELL, WE WANNA MAKE SURE THE RECORD'S COMPLETE.
YEAH, I'M SEEING, I'M SEEING AN APRIL 12TH, 2024 SUBMISSION FROM, UH, MR. FULTON PARKS CIVIC ASSOCIATION.
YEAH, RIGHT HERE IN OUR, IN OUR MAY 6TH SUBMISSION, WE HAVE A RESPONSE TO COMMENTS TO MR BOX APRIL 12TH EMAIL.
UM, HOW MUCH LONGER WERE WE LIVING ON THIS CASE? NOT MUCH.
IS THERE ANYONE ELSE WHO'S ONLINE THAT, OH, THERE YOU ARE.
I DID SEE YOU SITTING OVER THERE AND I WAS, I WAS.
MY NAME IS DOREEN LIPSON, D-O-R-R-I-N-E, LEWISON, L-I-V-S-O-N 83 WINDHAM STREET.
I'M AN EXECUTIVE BOARD MEMBER OF THE COUNCIL OF GREENBURG CIVIC ASSOCIATIONS.
THIS LETTER IS DATED JUNE 20TH, 2024.
DEAR CHAIRPERSON, BUNIN SMITH AND MEMBERS OF THE CBA, THE COUNCIL OF GREENBERG EXHIBIT ASSOCIATION, THE CGCA REVIEWED THE CHICK-FIL-A APPLICATION AND THE LATEST SUBMISSION DATED JUNE 10TH, 2024.
AND AT ITS MEETING ON JUNE 17TH, 2024, THE CGCA CONTINUES TO HAVE MAJOR CONCERNS ABOUT LOCATING THIS VERY LARGE BUSINESS ON THE SMALL IRREGULARLY SHAPED PARCEL OF LAND.
AS THE C-C-P-C-G-C-A POINTED OUT ON THE MAY 16TH CPA MEETING, 2 85 DASH 28 A TWO E OF THE ZONING ORDINANCE CLEARLY STATES THAT FAST FOOD ESTABLISHMENTS IN THE DS DESIGNATED SHOPPING ZONING DISTRICTS MUST BE, QUOTE, FULLY ENCLOSED THE CGCA NOTES THAT THE APPLICANT HAS NOW APPLIED FOR AN AREA VAN FOR THE PROPOSED OUTDOOR SEATING.
PLEASE NOTE, 28 2 85 DASH THREE B OF THE ZONING ORDINANCE STATES FURTHER, ANY LAND USE THAT IS NOT SPECIFICALLY PERMITTED IN THIS CHAPTER IS PROHIBITED.
SINCE THE LAND OUTSIDE TO PROVIDE SEATING IS NOT SPECIFICALLY PERMITTED FOR FAST FOOD ESTABLISHMENTS AS IT IS FOR RESTAURANTS.
THE ZBA MUST DETERMINE WHETHER A USE VARIANCE IS NECESSARY.
IF THE ZBA GRANTS AN AREA VARIANCE FOR OUTDOOR SEATING AT THIS LOCATION, IT WILL SET A PRECEDENT FOR EVERY OTHER FAST FOOD ESTABLISHMENT LOCATED IN GREENBURG TO SEEK SIMILAR RELIEF.
THE CGA CONTINUES TO HAVE CONCERNS ABOUT WHETHER MORE VARIANCES ARE NEEDED AND THE IMPACT THAT THIS BUSINESS WILL HAVE ON ADJACENT FULTON PARK NEIGHBORHOOD.
HAS WHITE PLAINS GRANTED ANY APPROVAL? HAS THE APPLICANT EVEN APPLIED FOR APPROVAL FROM THE TOWN BOARD TO MAKE CHANGES TO OLD KENCO ROAD AND THE ADJACENT SIDEWALK? HOW DOES THE ZBA OVERLOOK THE VERY NEGATIVE CONCERNS EXPRESSED BY THE WESTCHESTER COMMUNITY PLANNING? THE ZBA MUST DETERMINE THAT NO DETRIMENT TO THE HEALTH, SAFETY AND WELFARE OF THE NEIGHBORHOOD WILL BE CREATED.
THE C-C-G-C-A DOES NOT WANT YOUR DECISION TO ESTABLISH A PRESIDENT THAT WILL EFFECT, ALLOW OTHER APPLICANTS TO COMPLETELY IGNORE OUR ZONING ORDINANCE.
IS THERE ANYONE ELSE OUT THERE IN THE AUDIENCE THAT IS NOT IN THIS ROOM THAT WISHES TO BE HEARD FROM? MARIA GOMEZ GOMEZ.
MS. GOMEZ, WELCOME, MS. GOMEZ, PLEASE, PLEASE BEGIN.
GOOD EVENING, LIKE, UM, I SAID MARIA GOMEZ FULTON PARK NEIGHBORHOOD, UM, GOING TO WHAT TOM BOX SAID ABOUT ELEVATION AND FLOODING, UM, IN THE NEIGHBORHOOD.
I REVIEWED THE PLANS OR THE SITE PLAN, AND IT DOES SHOW THAT
[01:10:01]
THE DRIVE THROUGH AREA WILL BE ELEVATED ABOUT SIX FEET AND THIS TO ONE FOOT GOING TOWARDS TERRYTOWN ROAD.I'M HIGHLY CONCERNED THAT THAT WILL BE VERY HIGH UP AND ALL THE WATER WILL COME DOWN ONTO COUNTY CENTER ROAD AND FILTER INTO THE BROOK THAT IS IN BETWEEN THE COUNTY CENTER PARKING LOT AND 10 COUNTY CENTER ROAD, WHICH THEN FEED INTO THE HOUSES ON THE SIDE OF WHERE TOM BACH LIVES.
AND THAT WOULD SHOW THE PICTURES THAT HE BROUGHT IN.
SO I'D LIKE TO KNOW HOW THAT'S GOING TO BE, UH, ADDRESSED.
AND, UM, UH, SOMETHING THE CGCA LETTER MENTIONED ABOUT THE ROAD WIDENING.
UM, IT IS TRUE, I CONTACTED PAUL FINER ABOUT WHY THERE ARE NO PLANS SUBMITTED TO THE TOWN FOR THE ROAD WIDENING AND WHY THE TOWN HASN'T BEEN ASKED TO BE, UH, A PARTICIPATING, UH, AGENCY.
IN THIS, UH, PLAN REVIEW, IT SEEMS THAT THEY'RE GOING TO NEED PERMISSION TO MOVE THE SIDEWALK IN THREE FEET TOWARDS THEIR PROPERTY.
UM, THEY'RE TRYING TO MAKE FOUR LANES, THREE LANES COMING OUT OF THE, OF OLD KENSICO ROAD TO TERRYTOWN ROAD, 11 FEET EACH LANE, AND 14 FEET COMING INTO, UH, FULTON PARK, THE ON OLD KENSICO TOWARDS THEIR PARKING LOT, WHICH I, I, LIKE I SAID, 14 FEET.
SO THEY WOULD NEED TO GET RIGHT OF WAY PROPERTY FROM THE TOWN TO, UM, GET THIS APPROVAL.
SO I KNOW THEY'VE GOTTEN APPROVAL FROM, OR NOT APPROVAL, BUT, UH, THEY'VE BEEN TALKING TO DOT, BUT AS PAUL FINER TOLD ME, THEY HAVEN'T HEARD ANYTHING.
AND I THINK THE TOWN, IF THERE'S A SIDEWALK INVOLVED OR RIGHT AWAY INVOLVED, THEY'RE SUPPOSED TO BE APPROVING THIS.
SO I DON'T KNOW WHY THIS HASN'T BEEN DONE, BECAUSE THIS WHOLE BUSINESS PLAN IS BASED ON THE TRAFFIC THAT WILL BE GOING AND EXITING OFF OF OLD, OLD OLD SKO ROAD.
SO I DID FIND AN ARTICLE IN THE PAPER, I DON'T REMEMBER WHICH STATE, IT DON'T QUOTE ME, BUT IT MIGHT BE FLORIDA, WHERE THEY BUILT A CHICK-FIL-A EXACTLY LIKE THIS PROJECT.
AND THEY NEVER BUILT, OR THEY NEVER EXTENDED THE ROAD.
THEY WERE, THEY WERE TOLD THAT YOU'RE NOT GONNA GET THE, UH, THE CO UNTIL YOU AT LEAST APPLY FOR THE, FOR THE PERMITS.
AND THEY FINALLY DID, BUT THEY HAD TO GO, THEY HAD THE, THE CITY THAT IT WAS BUILT IN HAD TO GET TO THAT PROCESS BECAUSE THEY, THEY DIDN'T LIVE UP TO THEIR WORK.
AND I HAVE THAT, AND I HAVE THAT.
AND I, I THINK I, I THINK I SUB UH, IT WAS SUBMITTED TO, UM, GARRETT, UH, COPY OF THAT ARTICLE.
BUT, UM, THAT IS VERY CONCERNING TO ME THAT THE TOWN BOARD, UH, SHOULD BE INVOLVED.
AND SO FAR THEY HAVEN'T EVEN BEEN MENTIONED.
UM, ANYWAY, SOMETHING ELSE ABOUT THE OUTDOOR DINING VARIANCES AND DUMPSTER ENCLOSURE.
AS THE BUILDING APARTMENT STATED IN THE MEMO, FOR A VARIANCE NEEDED FOR OUTDOOR SEATING, THERE IS NONE PERMITTED WHEN IT IS A FULLY ENCLOSED FAST FOOD ESTABLISHMENT.
THERE ARE ALSO STATED THAT ZERO IS PERMITTED AND 20 IS REQUESTED.
THE ZERO REPRESENTS NONE AND NOTHING.
THE NUMBER PERTAINS TO AN OBJECT AND NOT A PLACEMENT ON AN AREA NOT PERMITTED TO BE USED IN THE MANNER BY OUR CODE, AND SHOULD NOT BE TAKEN AS A DIMENSIONAL NUMBER FOR AN AREA VARIANCE, BUT IT WOULD BE CONSIDERED A USE VARIANCE.
THE SAME GOES FOR THE GARBAGE ENCLOSURE.
IT IS AN OBJECT THAT IS BEING PLACED AND USED ON THE PROPERTY.
THE SETBACK, THE SETBACKS THE APPLICANT IS REQUESTING PERTAINS TO DIMENSIONAL MEASUREMENTS FROM THE PROPERTY LINE TO THE OBJECT.
BUT IN FACT, THE DIMENSIONAL MEASUREMENTS HAVE NOTHING TO DO WITH THE PLACEMENT AND USE OF THE ENCLOSURE ON THE PROPERTY.
THAT IS NOT PERMITTED IN OUR CODE.
AN AREA VARIANCE IS BASED ON DIMENSIONAL STANDARDS AS A PROPERTY SETBACK OR BASED ON HEIGHT REQUIREMENTS.
AND A USE VARIANCE ALLOWS YOU TO USE OR OPERATE YOUR PROPERTY IN A MANNER TYPICALLY RESTRICTED BY ZONING REQUIREMENTS.
SO I ASK THE BOARD TO REVIEW AND DETERMINE IF IT IS AN AREA VARIANCE OR A USE VARIANCE FOR, FOR THE TABLES AND ALSO FOR THE DUMPSTER.
IT IS VERY IMPORTANT TO DIFFERENTIATE THE DIFFERENCE BETWEEN A
[01:15:01]
BEFORE WE, UH, SET A PRECEDENT IN, UM, IN THIS.SO, UM, WHAT ELSE? UH, THE OFF STREET PARKING BUFFER SETBACKS, I'M CONCERNED THERE'S A 22 POINT, UM, 2.2 FEET, UH, SETBACK OF REQUEST ON TERRYTOWN ROAD AND A 2.4 FOOT, UH, SETBACK FROM COUNTY CENTER ROAD.
I DON'T UNDERSTAND HOW THEY CAN HAVE PLANTINGS IN SUCH A NARROW STRIP OF, OF LAND WHEN IN FACT, A, OUR CODE, I THINK IT'S 2 85 DASH 35 C3 STATES, THAT THEY HAVE TO HAVE FOUR FOOT, UM, VERTICAL EVERGREENS OR PLANTINGS THAT WOULD, UM, CLEAN OFF THE PARKING LOT, ESPECIALLY IN A, UM, IN A RESIDENTIAL DISTRICT BECAUSE THEY ARE NEXT TO A, A RESIDENTIAL DISTRICT.
SO I DON'T KNOW HOW THEY'RE GONNA PLANT THESE FOUR FOOT, UH, TREES IN, IN THIS TWO FOOT BUFFER WHEN A TREE, A TREE BALL ROOT IS MORE THAN A FOOT WIDE AND THEY NEED ABOUT THREE FEET FOR, FOR, FOR, UH, IT TO BE PLANTED.
BUT THAT DOESN'T FIT BETWEEN BLACKTOP AND, AND SIDEWALK.
I KNOW I DONATED 20 TREES TO WHITE PLAINS FOR THEM TO PLANT ON TERRYTOWN ROAD NEAR THE NEW VETERAN PARK, UM, THAT THEY JUST BUILT.
I SAW HOW THE LANDSCAPER DUG UP THE HOLES AND THEY WERE ABOUT THREE AND A HALF FEET AND THE TREES WERE FOUR FOOT.
SO I'M, I'M JUST AMAZED HOW THEY CAN SAY THEY'RE GONNA PLANT THESE TREES WITHIN TWO FEET SPACE.
SO THAT'S, THAT'S SOMETHING I'M VERY CONCERNED ABOUT.
AND I'M ALSO CONCERNED ABOUT THE PARKING SPACES THAT ARE ON EACH SIDE OF THE TWO ROW, UM, ENTRANCE TO THE PARKING LOT OR TO THE DRIVE THROUGH.
THERE IS NO WAY IF CARS ARE PARKED ON EITHER SIDE OF THOSE LANES, THOSE ENTRANCE LANES TO THE DRIVE THROUGH, THAT THEY WILL BE ABLE TO GET IN AND GET OUT AT PEAK HOURS.
IT'S IMPOSSIBLE BECAUSE BURGER BURGER KING FROM ELMSFORD HAD TO REDESIGN THEIR PARKING LOT DUE TO THE SAME FACT.
I, I REMEMBER I WOULD GO WITH MY KIDS, I WOULD PARK IN ONE OF THESE PARKING SPACES, THE DRIVE THROUGH LANE WOULD GO RIGHT, RIGHT BEHIND.
AND YOU WANTED TO GET INTO A SPACE OR GET OUTTA A SPACE, YOU WOULD HAVE TO WAIT FOR THE KINDNESS OF SOMEONE TO LET YOU OUT.
AND IT COULD TAKE 10, 10 MINUTES OR 15 MINUTES FOR YOU TO GET SOMEONE THAT WOULD LET YOU OUT.
SO I FIND IT VERY DIFFICULT THAT WE'RE TALKING ABOUT 20 SPACES OR MORE ON EACH SIDE OF THOSE TWO LANES.
IT'S IMPOSSIBLE FOR PEOPLE TO PARK AND, AND, AND COME OUT.
SO, UM, I'M, I'M TRULY, UH, I'M TRULY WORRIED ABOUT THAT.
AND, UH, LET'S SEE, WHAT ELSE? UH, THAT'S, THAT'S ABOUT IT.
I, I, THE, THE NEIGHBORHOOD IS VERY CONCERNED ABOUT THIS.
UM, THEY MOSTLY DON'T COME OUT BECAUSE THEY HAVE OTHER, OTHER IMPORTANT THINGS LIKE FLOODING.
THAT'S THEIR MAJOR SITUATION RIGHT NOW IS FLOODING IN THE NEIGHBORHOOD.
AND FOR THIS CHICK-FIL-A LIKE I OPENED UP, UM, MY, MY COMMENTS FOR THIS NEIGHBORHOOD TO BE AFFECTED TO, UM, THE WATER THAT MIGHT BE RUNNING OFF OF THIS PROPERTY OR WILL BE RUNNING OFF OF THIS PROPERTY IS CONCERNING.
IT'S, AND I WANNA KNOW HOW THAT'S GONNA BE PREDATED.
BUT OTHER THAN THAT, UM, THAT'S ALL I HAVE TO SAY.
I'M AGAINST, I'M AGAINST THIS PLAN AND HOPEFULLY YOU'LL VOTE IT DOWN.
IS THERE ANYONE ELSE WELL, HEARING NO ONE, I'M GOING TO SUGGEST AT THIS POINT, UM, THAT WE MOVE ON TO ANOTHER CASE ON THIS BECAUSE WE HAVE SPENT QUITE A BIT OF TIME.
I THINK THERE ARE A LOT OF QUESTIONS THAT WERE PUT FORTH BY THE, UH, COMMENTS THAT WE JUST HEARD.
AND THAT WOULD GIVE YOU PERHAPS SOME TIME IF WE HAVE TIME, AND WE CAN COME BACK TODAY AND PERHAPS, UH, LISTEN TO SOME OF YOUR RESPONSES, THAT WOULD BE GOOD.
UM, I, I WOULD JUST REITERATE, WE'VE BEEN HEARING THE SAME COMMENTS SINCE NOVEMBER 15TH, 2023.
WE'VE RESPONDED TO THEM IN THE RECORD.
I WILL SAY THE QUESTION ABOUT THE USE VARIANCE IN THE AREA VARIANCE, THAT QUESTION HAS BEEN LITIGATED THOROUGHLY.
UM, AREA VARIANCES ARE RELATED TO DIMENSION AND THE
[01:20:01]
LOCATION OF A USE.THE USE HERE IS A PERMITTED QUICK SERVICE RESTAURANT.
THE LOCATION OF THE SEATS BEING OUTSIDE AS AN AREA VARIANCE, THE ACCESSORY STRUCTURE THAT USE IS A PERMITTED USE.
ITS LOCATION CANNOT BE IN THE FRONT YARD FOR THE CODE.
WE ARE ASKING FOR AN AREA VARIANCE FOR THAT USE.
THAT WAS REALLY THE ONE THING, UM, THAT WAS NEW.
OTHERWISE, WE'RE DECREASING IMPERVIOUS SURFACES, UH, AND, AND CLEANING UP THE SITE.
BUT WE WILL, YOU KNOW, RECONVENE.
AND THEN, UH, IF YOU'D LIKE US TO ADDRESS THE BOARD, MR.
SO THE NEXT CASE ON OUR AGENDA TONIGHT IS CASE 24 0 9 SOUTH, UH, 600 SOUTH CENTRAL AVENUE, SCARSDALE, WHICH IS PATIO.COM.
SO CAN I JUST ASK YOU A QUESTION? HE JUST SAID SINCE NOVEMBER OF 23, THIS HASN'T BEEN BEFORE US, THAT WE'VE HAD PUBLIC HEARINGS BEFORE THE PLANNING BOARD.
AND I WAS TALKING ABOUT THE ZONING BOARD.
HOW LONG HAS THIS ZONING? THIS IS, HOW LONG HAS THIS BEEN BEFORE THE ZONING BOARD? LIKE THE FOURTH MEETING MAYBE? YEAH.
WHEN DID YOU SAY HOW MANY? FOURTH MEETING ON MARCH, APRIL, MAY, JUNE 4TH.
IS THERE ANYTHING WATCHING THIS BATTLE, MAY WE PROCEED LY? GOOD EVENING.
DAVID STEIN METZ AND BRIAN SOFF FROM ALL FROM SARAH STEIN METZ HERE REPRESENTING THE PATIO.COM.
OUR CLIENT WAS UNABLE TO BE HERE, UM, LIVE, UH, FOR SOME PERSONAL REASONS, BUT HE SHOULD BE ON, UH, SCREEN SOMEWHERE.
DAVE ROSS FROM PATIO.COM IS ON, WE WILL TRY TO BE AS EFFICIENT, UM, AND BRIEF AS POSSIBLE.
UM, IN RESPONSE TO SOME OF THE QUESTIONS THAT, UH, YOU ALL RAISED AT THE END OF THE LAST MEETING, AS WELL AS THE LETTER THAT WE RECEIVED FROM HERE, UH, WE DID, UH, ENDEAVOR TO REVIEW THE CONDITION OF THE SITE AND FORMULATE SOME CONCEPTS THAT COULD BE IMPLEMENTED IN TERMS OF LANDSCAPING, UH, LOCATION OF OUTDOOR STORAGE AND DISPLAY OF ITEMS. AND WE HAVE PRESENTED SOME MATERIALS THAT SHOULD BE PART OF THE RECORD.
I'M GONNA LET BRIAN AND DAVE GO THROUGH THAT IN A MOMENT.
I'M SIMPLY GOING TO SUMMARIZE BY SAYING, UM, OUR CLIENT IS PREPARED TO COMMIT TO AN EXPENDITURE OF BETWEEN 50 $150,000 WORTH OF IMPROVEMENTS.
THAT INCLUDES LANDSCAPING, FENCING, UM, EXTERIOR MODIFICATION OF THE BUILDING SIGNAGE.
UM, AND FOR THOSE OF YOU THAT WANT TO HEAR, UM, THE ARTICULATION OF OF THAT EXPENDITURE, BRIAN IS, UM, PREPARED TO GO THROUGH THAT.
WE RECOGNIZE THAT, UM, THE CONDITION OF THE PROPERTY OVER A PERIOD OF TIME, UM, MAY NOT HAVE BEEN AS STELLAR AS THE COMMUNITY DESERVED AND WANTED.
I'M NOT HERE TO ARGUE THAT, UM, I'M SIMPLY GONNA STATE WHAT I, WHAT I DID AT THE LAST MEETING AND DON'T WANT TO DO IT AGAIN.
WE DO NOT BELIEVE THAT AT ANY TIME THERE WAS A COMPLETE CESSATION OF OUTDOOR STORAGE AND DISPLAY AT THAT PROPERTY.
UH, WE DO NOT BELIEVE THAT THAT PREEXISTING NONCONFORMING ASPECT OF OF THE OPERATION EVER CEASED OR WAS ABANDONED.
DID IT DIMINISH? IT DIMINISHED? UH, WAS THERE A FLUCTUATION IN OUTDOOR STORAGE AND DISPLAY? ABSOLUTELY.
UM, BUT AS A MATTER OF LAW, BASED UPON THE SUBMISSION WE MADE TO YOU WITH OUR ORIGINAL APPLICATION, WE DO NOT BELIEVE, UM, THAT THEY EVER ABANDONED THE USE.
HAVING SAID THAT, UM, WHAT WE'RE HERE TO DO TONIGHT IS ANSWER YOUR QUESTIONS, BUT MAYBE MORE SO TO TRY TO PRESENT YOU INFORMATION THAT WILL GET YOUR BOARD COMFORTABLE, THAT REGARDLESS OF WHAT, UM, YOU ALL BELIEVE PATIO.COM DID OR DID NOT DO IN THE PAST, UM, WE ARE GOING TO ENSURE THAT WHAT IT DOES GOING FORWARD IS EXACTLY WHAT THE TOWN OF GREENBERG AND THAT INTERSECTION DESERVES.
SO WITH THAT, BRIAN, JUST IF YOU WOULD WALK US THROUGH AND IF WE NEED TO SHARE SCREEN OR PLANS, FEEL FREE, SIR.
UM, I KNOW GARY'S ANOTHER ARM BELIEVE, CORRECT? GARY? YEAH.
GARY, IF YOU COULD PULL UP, JUST START OUR LANDSCAPING PLAN PLEASE.
YEAH, I, I, I I WOULD PULL THAT UP.
UM, SO AS DAVID MENTIONED, UH,
[01:25:01]
OUR CLIENT IS, HAS PROPOSED TO, UH, PROVIDE A SENSE OF LANDSCAPING AT THE SITE AS WELL AS SOME BUILDING IMPROVEMENTS.UM, OVERALL THOSE IMPROVEMENTS ARE GONNA TOTAL AROUND A HUNDRED TO $112,000.
UM, OF THAT ABOUT $43,000 IS LANDSCAPING.
UM, I DO HAVE A PROPOSAL THAT I CAN PASS AROUND, UM, WITH THAT AS WELL FOR THE RECORD.
UM, BUT THE RECORD, THIS DOES SHOW THE, UM, EXTENT OF THE PLANTINGS THAT WE'RE PROPOSING.
THAT INCLUDES BOXWOOD THAT WILL RUN THE, ALONG THE EXTERIOR OF ALL THE FENCING THAT'S ON THE SITE.
UM, BOX BE APPROXIMATELY THREE FEET HEIGHT.
UM, THERE WILL ALSO BE A MIX OF ARM PROVIDING THAT WILL RUN ALONG THE BUILDING, BUILDING ELEVATION.
THE FENCING WILL BE REPAIRED, UM, THAT IS PART OF THE TOTAL ESTIMATE THAT WE DO HAVE.
THAT WILL INCLUDE A FULL REPLACEMENT OF THE FENCE IN THE FRONT YARD.
AND AGAIN, THAT WILL HAVE, THAT SURROUNDS THAT, UM, SIGNAGE WILL BE, UM, WORKED UPON.
SO THE WHOLE SIGN AS WELL AS THE SIGN THAT'S ALONG THE FACADE WILL BE REPAIRED.
THE INTERIOR ALTERATIONS, WE DID HAVE A BUILDING PERMIT THAT WAS SUBMITTED, SO THAT, THAT'S APPROXIMATELY $24,000 IN INTERIOR ALTERATIONS.
AND, UM, THERE ARE SOME MISCELLANEOUS SPECIALISTS THAT ARE COVERED WITHIN THIS THAT COVER, SUCH AS OUR ATTRITION, TION, BOSS WIRING, UM, LABOR FROM CONTRACTORS.
AND LIKE KAREN HAS NOW GOT OUR LANDSCAPE PLAN COMING UP AND THE PLAN THAT'S BEING DISPLAYED WAS SUBMITTED, UH, TO THE BOARD AND SHOULD BE FOR THE RECORD, THIS THE PLAN I SEEN NOW HERE THE, UH, LIGHTER COLORED PLANTINGS GOING AROUND THE BUILDING.
UM, ALL THOSE DARK PLANTINGS GOES ALONG ALONG THE EXTERIOR OF WHAT IS THE OUTDOOR STORAGE SPACE THAT WE HAVE.
AND YOU CAN SEE HERE THAT WE DO HAVE THE, UH, PARKING LOT LAYOUT SET UP WITH STRIPING
SO THAT DOES SHOW STRIPING ON ON THE MARKETABLE AREA.
THE DARK
UM, WITH REGARD TO, WE DID RECEIVE THE LETTER THAT WAS, UH, MAY 31ST IN THE BILLING DEPARTMENT REGARDING THE WATER METER AND WATER USAGE.
UM, WE DID HAVE, UM, REQUESTS THAT WERE MADE WITH REGARD TO THE WATER FOR THE QUARTER METER, UM, THAT DID BARR
YOU CAN GO TO THE NEXT ONE ON THIS.
UM, THAT IS A, JUST HOLD THERE.
THAT IS, UM, MR. ROSS'S, UH, REPRESENTATION OF WHAT THE LANDSCAPING, ONCE THE BOX WORKS ARE INSTALLED WOULD LOOK LIKE.
UM, WITH THE NEW EXTERIOR BLUE AND THE REPAIR PATIO.COM SIGN, THANK YOU BAR.
UM, THAT IS A ANOTHER ANGLE VIEW WHERE YOU CAN SEE, UM, MULTIPLE DIFFERENT TYPES OF SPECIES OF DIFFERENT HEIGHTS.
UM, AND THAT IS, UH, BRIAN, THAT IS AS A COMBINATION.
THAT'S, UM, WHICH ANGLE SHOT IS THAT? THIS ANGLE HERE, UM, ON THE LEFT HAND SIDEWALK, YOU CAN KIND OF SEE ON THE CORE THERE.
THIS IS, UH, CENTRAL AT, TO THE LEFT.
THAT'S A, THAT'S A CLEARER ANGLE BECAUSE YOU CAN SEE THE GARAGE IS THERE AND THESE ARE COMPUTER REPRESENTATIONS, UM, OBVIOUSLY.
BUT, UM, THE CONCEPT OF MR. ROSS SUPPLYING THAT WAS, UM, TO GIVE YOUR BOARD CLEAR UNDERSTANDING OF, OF WHAT IT IS THAT HE'S PREPARED TO COMMIT TO MEMORIALIZE IN A RESOLUTION AND BE OBLIGATED TO COMPLY WITH SHOULD HE NOT COMPLY, COULD HE TOWN WOULD HAVE FULL ENFORCEMENT RIGHTS AGAINST THEM.
ANY OTHER QUESTIONS? DO YOU WANNA SPEAK TO THE WATER? UH, YES.
FOR THE WATER USAGE, UM, WE HAVE SUBMITTED, UM, METER REPAIR REQUESTS.
THE FIRST WAS SUBMITTED ON APRIL 2ND.
WE DID A FOLLOWUP SUBMISSION ON MAY 15TH.
JUST TO UPDATE THE BOARD, THERE IS AN INSPECTION THAT IS SCHEDULED FOR JUNE 24TH AT 9:00 AM SO THERE WILL BE AN INSPECTION OF THAT WATER METER.
UM, SO THERE WILL BE SOME, I GUESS, DEFENDANT ANSWER AS TO WHAT THE STATUS OF THAT METER IS, BUT IT'S OUR, AT LEAST OUR CLIENT'S POSITION THAT THE WATER METER MAY BE BROKEN
UM, WE DO HAVE EVIDENCE AS TO THE ACTUAL SITE BEING USED FOR THE PROPER SERVICE USE THROUGHOUT THAT PERIOD.
AND, AND JUST ON JUST RECORDING BRIAN'S POINT, WHILE, WHILE THIS CASE IS NOT ABOUT ORDER USAGE, UM, THE BUILDING DEPARTMENT DID SUBMIT THAT INFORMATION 'CAUSE THAT WAS WHAT THEY HAD.
AND THEY, THEY BELIEVED BASED UPON THAT INFORMATION, IT WAS EVIDENCE THAT THE SITE WAS NOT BEING UTILIZED AND OCCUPIED.
THAT'S WHY WE HAD MR. ROSS TESTIFY TO THAT
[01:30:01]
HE WAS HERE LIVE AND HE TESTIFIED TO THAT.HE IS HERE AGAIN ON SCREEN IF YOU HAVE ANY QUESTIONS.
IT WAS HIS TESTIMONY THAT THEY HAD EMPLOYEES THROUGHOUT THIS ENTIRE TIME.
IT WAS NEVER AN INTERRUPTION WHERE THERE WAS NO ONE EMPLOYED AND NO ONE COMING TO THE SITE.
AND ON GIVEN DAYS THAT MAY, THERE MAY NOT HAVE BEEN FOLKS THERE, THERE'S, THERE'S ONE SMALL BATHROOM.
SO EVEN IF THE WATER METER WAS WORKING, IT WOULD NOT HAVE REVEALED A TREMENDOUS AMOUNT OF WATER USAGE.
BUT WE DO NOT BELIEVE THAT WHAT BUILDING DEPARTMENTS SUBMITTED WAS DISPOSITIVE OF ABANDONMENT.
AND LASTLY, WE DID RECEIVE THE
I JUST WANT TO CLARIFY THAT MARKING VARIANCE THAT WAS MENTIONED IN THAT, UH, WE'RE JUST LEGALIZING THE EXISTING USE OF THE SITE.
UH, THERE IS NO EXPANSION OF THE USE ON SITE.
THERE'S NOTHING THAT'S CHANGING THAT WOULD OTHERWISE MODIFY THE PARKING, THE NEEDS THAT WE HAVE.
SO I, I JUST WANNA MAKE SURE THAT THAT'S CLEAR.
SECONDLY, UM, THERE WAS A MENTION OF, UH, ENHANCING THE INTERSECTION AND I THINK AS WE JUST DISCUSSED, IN TERMS OF THE LANDSCAPING THAT WE'RE PROPOSING, THE OTHER BUILDING IMPROVEMENTS, UM, WE CERTAINLY, THAT IS THE GOAL OF OUR CLIENT.
JUST TO ENHANCE THAT INTERSECTION.
UM, THE PARKING VARIANCE IN TERMS OF, UH, THE NUMBER OF THE EDGEMONT OF COMMUNITY ASSOCIATION RAISED THE PARKING VARIANCE.
THE, THE, THE VARIANCE THAT'S BEING SOUGHT IS THE EXACT PARKING CONDITION THAT HAS EXISTED OUT THERE FOR AS LONG AS PATIO.COM HAS BEEN THERE.
SO THERE'S NO, THERE'S NO INCREASE IN THE MAGNITUDE OF THE PARKING DEFICIENCY.
IT IS THE SAME PARKING DEFICIENCY THAT HAS EXISTED FOR DECADES.
AND LASTLY, I JUST WANT TO COVER THE PLANTINGS BECAUSE I KNOW THAT I DID SAY THERE WAS THREE FOOT BOX WOOD AND SOME THAT MAY SOUND LIKE IT MAY BE INSUFFICIENT.
UM, BUT WITH REGARD TO THE ACTUAL FURNITURE HEIGHTS THAT IT IS COVERING, I JUST WANT TO CLARIFY THAT TABLE HEIGHTS RANGE FROM 28 TO 30 INCHES.
CHAIR HEIGHTS TO THE SEAT ARE TYPICALLY 18 TO 23 INCHES.
SHADE LOUNGES ARE TYPICALLY 30 INCHES IN HEIGHT AND SOFA LOVES SEAT, AND CLUB CHAIRS ARE TYPICALLY 30 TO 35 INCHES.
SO ALL THOSE ITEMS WOULD BE SCREENED LY FOR THE THREE FOOT BOX.
THE ONLY ITEMS THAT MR. ROSS EXPLAINED TO ME, AND YOU WILL CORRECT ME IF, IF, IF I MISTAKE THIS, HE BELIEVES THE ONLY ITEMS THAT WOULD BE VISIBLE, UM, BEYOND AND ABOVE THE LANDSCAPING WOULD BE UMBRELLAS.
THAT SHOULD BE THE ONLY ITEM THAT ONE WOULD BE ABLE TO SEE WITHOUT COMING ONTO THE PROPERTY AND LOOKING OVER THE EDGES.
UH, AT THE BEGINNING OF YOUR STATEMENT, YOU WERE SAYING THAT THERE HAD NOT BEEN ANY CESSATION OF OUTDOOR STORAGE, THEREFORE, MEANING THAT DID NOT EQUATE TO ABANDONED.
SO YOU'RE SAYING THAT BECAUSE THERE WAS FURNITURE THAT WAS STILL OUTSIDE AND HAS BEEN THERE FOR QUITE SOME TIME, THAT MEANS THAT THE PROPERTY HAS NOT BEEN ABANDONED.
THAT MEANS THAT THE USE FOR OUTDOOR STORAGE AND DISPLAY WAS NOT ABANDONED AS A MATTER OF LAWS, THE CASE LAW TELLS US TO EXAMINE IT.
THE FACT THAT THERE WERE THINGS OUT THERE.
AND MR.
SO IF MY WIFE AND I WANT TO GO SEE WHAT DIFFERENT KINDS OF FENCES LOOK LIKE, WE WILL SEE DIFFERENT EXAMPLES ALONG THE PERIMETER.
IN ADDITION, AND WE SHOWED YOU PHOTOGRAPHS OF THIS, THE SAME THING WITH REGARD TO PAVERS WHEN YOU GO TO PATIO.COM, EVEN, EVEN WHEN IT WAS IN A SITUATION WHERE SOME MIGHT CLAIM IT WAS IN A DEGREE OF, OF DISARRAY OR LESS THAN AS ATTRACTIVE AS I CONCEDE IT COULD HAVE BEEN AND SHOULD HAVE BEEN THROUGHOUT THAT ENTIRE DURATION, THERE WAS INSTALLED, DISPLAYED PAVERS, DIFFERENT SIZES, SHAPES, AND COLORS.
WE GAVE YOU PHOTOGRAPHS OF THAT.
AND WE TRIED TO EXPLAIN THAT LAST TIME.
AND IF THAT'S UNCLEAR IN ANY WAY, MR. ROSS CAN EXPLAIN EXACTLY WHAT HE'S GOT OUT THERE.
NO ONE WOULD INSTALL DIFFERENT SIZES, SHAPES, AND COLORS OF PAVERS AND LEAVE IT IN THAT CONDITION UNLESS THEY WERE BEING DONE FOR COMMERCE AND FOR DISPLAY.
IF A CUSTOMER COMES ON AND WANTS TO SEE DIFFERENT PAVERS, THEY THEY WERE THERE, THEY'RE STILL THERE.
AND THAT, AND THAT'S QUITE SIMPLY IS MY ARGUMENT THAT REGARDLESS OF THE MAGNITUDE OF THE OUTDOOR DISPLAY
[01:35:01]
AND STORAGE, WHICH I CONCEDE, WE SAW PHOTOGRAPHS FROM 2019 AND PRE COVID, THERE'S CLEARLY MORE STUFF.UM, AND THEN THERE WERE TIMES THAT THE SITE LOOKED TERRIFIC AND THEN IT DEFINITELY CHANGED.
AND I'M NOT ARGUING THERE WAS NO CHANGE.
MY LEGAL ARGUMENT IS SOME DEGREE OF CHANGE, SOME DEGREE OF FLUCTUATION.
AND EVEN IF OUTDOOR STORAGE AND DISPLAY IS LESS THAN ATTRACTIVE FROM A LAND USE STANDPOINT, THE LAND WAS STILL BEING USED BY A COMMERCIAL BUSINESS THAT NEVER WENT OUT OF BUSINESS THAT WAS TRANSACTING BUSINESS INSIDE ITS BUILDING AND ONLINE.
AND WE HAD RECORDS AND SUPPLIED THAT AND THEIR DISPLAY OUTSIDE WAS THERE.
AGAIN, IT MIGHT HAVE GONE DOWN, BUT THEY DIDN'T ABANDON IT.
AND THAT'S ALL I NEED TO ESTABLISH AS A MATTER OF LAW IS THAT WE DIDN'T ABANDON.
IF WE DIDN'T ABANDON THEN THE BUILDING DEPARTMENT'S CONTENTION OF THE ABANDONMENT OF THE PREEXISTING NON-CONFORMING OUTDOOR STORAGE, THEN THAT ARGUMENT THAT THE BUILDING DEPARTMENT HAS LODGED IN OUR OPINION IS INACCURATE.
WE'RE HERE TO, WE'RE HERE TO TRY TO TRANSCEND THAT BECAUSE I, I, I WOULD HOPE THAT THE TOWN OF GREENBERG THROUGH THE POWERS OF YOUR BOARD, WOULD NOT BE ENCOURAGING THIS BUSINESS TO EITHER GO OUT OF BUSINESS OR LEAVE THE TOWN.
I FULLY UNDERSTAND AND APPLAUD YOUR BOARD FOR TRYING TO ENCOURAGE THIS BUSINESS TO MAKE IT AS ATTRACTIVE AS THE EDGEMONT COMMUNITY ASSOCIATION.
EVERYONE IN THE TOWN AND EVERYONE WHO TRAVELS CENTRAL AVENUE DESERVES CLEAN, ATTRACTIVE, ORGANIZED SITE.
DAVE IS PREPARED TO SPEND A HUNDRED, $250,000.
WE'VE SUBMITTED THAT FOR THE RECORD.
PATIO.COM STANDS TO POTENTIALLY BE THE MOST ATTRACTIVE LANDSCAPE ORGANIZED COMMERCIAL BUSINESS IN THAT CORNER.
IS THERE ANYONE IN THE AUDIENCE WHO HAS QUESTIONS WITH RESPECT? YES.
MY NAME IS DOREEN LARSON, D-O-R-R-I-N-E-L-I-V-S-O-N 83 WINDHAM STREET.
I'M ON THE EXECUTIVE BOARD OF THE COUNCIL OF B ASSOCIATIONS.
THIS LETTER IS DATED JUNE 20TH, 2024.
DEAR CHAIRPERSON BUNGEE SMITH AND MEMBERS OF THE ZPA COUNCIL OF GREENBERG CIVIC ASSOCIATION, THE CGCA REVIEWED THE PATIO.COM APPLICATION AT ITS MEETING ON JUNE 17TH, 2024.
AND NOTED, THIS IS A PERFECT EXAMPLE OF AN APPLICANT TRYING TO SQUEEZE A VERY LARGE BUSINESS ONTO A VERY SMALL PIECE OF PROPERTY WHILE THE PROPERTY ONCE WORKED AS IN NURSERY, DOES NOT ACCOMMODATE A POOL FLOORING IN AN OUTSIDE FURNITURE BUSINESS.
THE CGCA NOTES THAT 2 85 DASH 29 1 B 2 81 OF THE ZONING ORDINANCE REQUIRES THAT STORES FOR THE SALE OF CONSUMER MERCHANDISE ARE TO BE FULLY ENCLOSED.
FURTHER, ANY LAND USE THAT IS NOT SPECIFICALLY PERMITTED IN THIS CHAPTER IS PROHIBITED.
SINCE DISPLAYING PRODUCTS OUTSIDE THE BUILDING IS NOT A PERMITTED USE OF THE LAND, A USE VARIANCE IS REQUIRED.
THE WRITTEN RECORD CONTAINS NUMEROUS COMPLAINTS OVER SEVERAL YEARS ABOUT THE UNSIGHTED OF THIS PROPERTY.
ZBA GRANTING A VARIANCE TO STORE AND DISPLAY PRODUCTS OUTSIDE THE BUILDING WILL NOT ENHANCE THIS INTERSECTION OR THE ADJOINING RESIDENTIAL NEIGHBORHOOD.
THE CGCA RESPECTFULLY AS THE VARIANCES PATIO.COM IS REQUESTING TO BE DENIED.
SINCERELY, MADELINE OCHE, CHAIR OF THE CGCA.
CAN WE HAVE A COPY OF THAT PLEASE? YES.
TOM BACH, 2 64 10 HILL ROAD, WHITE PLAINS, NEW YORK.
UM, I DON'T HAVE ANY SKIN IN THE GAME FOR THIS LOCATION, HOWEVER, MY SON WAS IN THE, UH, I GUESS, I DUNNO IF IT'S THE DALE BAND THAT PLAYED CHASE PARK AND HE REHEARSED AT EDGEMONT HIGH SCHOOL.
UM, AND THAT WAS PAINSTAKINGLY FOR A COUPLE YEARS IN THE BALL THAT I HAD TO DRIVE
[01:40:01]
IN THERE EVERY, EVERY, UH, MONDAY NIGHT.AND I WOULD STOP@THEPATIO.COM LOCATION, GOING TO BUY PATIO FURNITURE, AND THEY WERE NEVER OPEN.
AND AS LUCK WOULD HAVE IT, I PRESUMED PATIO.COM AND GREENWICH IS ASSOCIATED WITH THE STORE.
I STOPPED THERE TO GET THE PARTS I NEEDED AND I SAID, GEEZ, I HAD TO COME ALL THE WAY TO TO GREENWICH TO GET THIS, YOU KNOW, IF YOU GUYS WERE OPEN IN SCARSDALE WOULD'VE SAVED ME, YOU KNOW, A TRIP.
AND THE GUY TOLD ME THAT I, I WAS SPEAKING TO, AND I DON'T KNOW HIS CAPACITY, BUT HE SAID, OH, WE DON'T USE THAT STORE, WE JUST STORE THINGS IN STORE.
AND THAT'S THE EXTENT OF WHAT I WANTED TO OFFER.
DO YOU KNOW ABOUT WHAT TIME PERIOD THAT WAS? IT WAS ABOUT A YEAR AND A HALF AGO.
AND HOW MANY TIMES DID YOU ATTEMPT TO GO IN THE STORE? I, I WOULD, I WOULD STOP THERE EACH TIME I DROPPED MY SON OFF FOR REHEARSAL SO THAT WOULD, YOU KNOW, YOU KNOW, IT COULD BE THEY WERE CLOSED ON MONDAYS.
I, YOU KNOW, WHO KNOWS, BUT EVERY TIME I WENT THERE, THERE WAS NEVER ANYBODY THERE.
SO I JUST WANTED TO TELL YOU THAT.
WHAT TIME OF DAY WAS THAT? IT'D BE ABOUT 5 30, 6 O'CLOCK AT NIGHT.
CAN MR. ROSS RESPOND TO THAT IF HE HAS A RESPONSE TO THAT? WE HAVE ANOTHER.
ACTUALLY, MY QUESTION WAS TO THE BOARD, UM, IF YOU GRANT THIS VARIATION FOR THE DEPART, UM, DOES THAT CONTINUE? IF THAT SITE IS VACATED BY
SO ONCE YOU GRANT THIS, IT'S IN TWO BATTERY FOR THE SAME, FOR THE SAME USAGE.
IT WOULD BE, BUT IF IT'S A DIFFERENT USAGE, NO, IT'S A DIFFERENT USAGE.
NO, IT GOES, IT, IT HAS TO BE WHATEVER THE IS, IT HAS TO BE DETERMINED BASED UPON WHAT THE USAGE IS.
IS THERE ANYONE ELSE IN THE AUDIENCE? I JUST WANTED TO MAKE A CLARIFICATION.
UH, LIZ GARRITY WITH THE BUILDING INSPECTOR, UM, THERE WAS A BUILDING PERMIT SUBMITTED, BUT IT WAS FOR AN APPLICANT BEST IN BACKYARD.
SO A NEW APPLICATION WILL BE SUBMITTED FOR PATIO.COM SPECIFICALLY FOR ANY ALTERATIONS THAT, UH, MR. ROSS WOULD LIKE TO DO, INCLUDING ANY EXTERIOR IMPROVEMENTS.
AND MR. ROSS, IF HE CHOOSES TO RESPOND TO THE MR. FOX COMMENT, MAY HE DO SO? SURE.
DAVE, ARE YOU THERE? YES, I AM.
DAVID, CAN YOU RESPOND? OBVIOUSLY, I, I DON'T EXPECT YOU GO AHEAD.
YES, ALL OUR, ALL OUR, THE MAJORITY OF OUR STORES ARE EITHER CLOSED MONDAY OR TUESDAY OR BOTH.
AND GENERALLY WE HAVE SIX CARS THAT SHOW THAT COME TO A STORE ON A GIVEN DAY, ON A BUSY SATURDAY.
IT MIGHT BE EIGHT OVER THE WHOLE DAY OR 10, BUT IN GENERAL IT'S ABOUT SIX A DAY.
AND IF THERE'S ANY OTHER QUESTIONS THAT ANYBODY HAS, I'M HAPPY TO ANSWER THEM.
WHAT I JUST, I HAVE A QUESTION.
WHAT IS THE, THE NEED TO STORE THINGS OUTSIDE? LIKE WHY CAN'T YOU JUST STORE EVERYTHING INSIDE? DAVE, THAT'S YOU? ALL THE FURNITURE WE SET ALL OF OUR STORES OF OUTDOOR DISPLAY AND STORAGE WE WANT, WE CAN'T OPERATE A STORE WITHOUT IT.
UM, AND THEY ALL HAVE THEM NO MATTER WHAT TOWN THEY'RE IN.
AND, UM, ALL THE FURNITURE'S, OUTDOOR FURNITURE AND PEOPLE WANNA SEE IT IN THE SETTINGS THAT IT'S BEING USED IN.
AND DID YOU EVER CONSIDER JUST NOT STORING THINGS OUTSIDE AND USING THAT OUTSIDE STORAGE AREA FOR ADDITIONAL PARKING? I, YOU COULDN'T MAINTAIN THE BUSINESS AT ANY TIME.
MAY I FOLLOW YOUR QUESTION REPORT? SURE.
DAVID, ANY TIME, DID YOU EVER EXPERIENCE A PARKING DEFICIENCY TO THE BEST OF YOUR KNOWLEDGE AT THAT LOCATION? WERE YOU EVER SHORT OF PARKING ON CENTRAL AVENUE? NO, WE, THE PARKING LOT ALWAYS HAS FIVE OR SIX SPOTS THAT ARE EMPTY.
WE HAVE ONE EMPLOYEE AND HALF THE TIME IT'S AN EMPLOYEE WHO DRIVES AND HALF THE TIME IT'S AN EMPLOYEE WHO DOESN'T DRIVE.
SO THAT'S ONE EMPLOYEE CALLED, HAVE ONE OR TWO
[01:45:01]
CUSTOMERS THAT AT ONE MAXIMUM.AND YOU MAINTAINED THAT YOU, YOU WOULD NOT OPERATE THIS BUSINESS IF YOU WERE NOT ABLE TO STORE ITEMS OUTSIDE? YEAH, WE COULDN'T.
WE USED TO HAVE, WE HAD ONE STORE THAT WE TRIED THAT AND WE CLOSED IT.
ANYTHING ELSE OF CONCERN? ALRIGHT, ANYTHING THE APPLICANT WANTS TO ADD? DAVE, IS THERE ANYTHING THAT YOU WANT TO, UM, CLARIFY OR SUPPLEMENT FROM WHAT BRIAN AND I HAVE SAID THIS EVENING ABOUT YOUR PROPOSAL TO IMPLEMENT THESE IMPROVEMENTS OR ANYTHING ELSE YOU WANT TO ADD? I KNOW YOU'RE NOT HERE.
I WANT TO MAKE SURE YOU HAVE EVERY OPPORTUNITY TO SPEAK TO THE BOARD IF YOU WISH.
THE ONLY THING I WANTED TO ADD WAS EVEN IN NEW YORK CITY WHEN WE WERE AT 63RD, SECOND IT WAS ALL OUTSIDE.
THERE WAS NO INSIDE EVEN AT 63RD STREET, WE WERE THERE FOR MAYBE EIGHT YEARS.
AND HOW MANY EMPLOYEES DO YOU PLAN ON HAVING AT THE STORE? ONE OR TWO.
AND DAVE, YOU ARE PREPARED, AS I STATED TO THE BOARD, TO COMMIT TO THE INSTALLATIONS THAT BRIAN AND I HAVE DESCRIBED THIS EVENING.
YES, I HELPED DESIGN, UH, WITH TON.
I WOULD COMMIT NOTHING FURTHER.
MADAM CHAIR, UNLESS YOU HAVE QUESTIONS FOR US.
JUST TO GO BACK TO WHAT YOU RAISED IN THE BEGINNING ABOUT THE WATER METER, WHAT IS IT ABOUT YOUR THAT, THAT YOU ARE USING THAT OR TO, TO HELP YOUR CASE? SO I WOULD NOT BE SPEAKING TO YOU ABOUT A WATER METER.
IF MY FRIEND LIZ DIDN'T TELL ME MONTHS AGO, DAVID, I DON'T THINK THEY'RE SAID THEY'VE BEEN USING ANY WATER.
I SAID, I DON'T KNOW WHAT YOU'RE TALKING ABOUT.
SHE SAID, WE HAVE WATER METER, UM, DATA THAT SHOWS THAT THERE'S NO WATER USAGE THERE.
I TURNED TO MR. ROSS, HE SAID, I NEVER HEARD THAT BEFORE.
MAYBE MY WATER METER ISN'T WORKING CORRECTLY.
WE'VE HAD PEOPLE THERE, DAVID, WE DON'T USE A LOT OF WATER@PATIO.COM.
THERE'S AN OCCASIONAL SINK AND FLUSHING OF THE TOILET, BUT THAT DOESN'T HAPPEN ALL THAT OFTEN.
SO TO, TO HIM IT WASN'T A SURPRISE.
HE WAS LIKE, WELL I'M SURE MY WATER IS ABOUT AS LOW AS IT COULD BE, BUT MAYBE WE SHOULD HAVE THE METER CHECKED.
WE THEN, AS I UNDERSTAND IT AND I NEED HELP ON THIS, WE RE WE REQUISITION WATER METER CHECKS A COUPLE OF TIMES.
SO WE, THERE'S SUBMISSION BY OUR, OUR CLIENT, UH, APRIL 2ND, UM, UTILIZING THE EMAIL THAT'S PROVIDED ONLINE AS WELL AS THE FORM THAT NEEDS TO BE FILLED OUT ONLINE, UM, REQUESTING A REPAIR AND THERE WAS NO RESPONSE.
WE HAD A SECOND SUBMISSION THAT WAS MADE ON MAY 15TH.
UM, OUR CLIENT HAS FOLLOWED UP ON THAT AND WE DO HAVE A SCHEDULED INSPECTION ON 2 24.
SO WE HAVE THREE ATTEMPTS TO GET SOMEBODY TO COME OUT AND CHECK THE METER.
WE, AT LEAST THE GOOD NEWS IS SOMEBODY'S COMING OUT NEXT WEEK TO CHECK THE METER.
IT, TO ME IT'S, IS IT RELEVANT OR DISPOSITIVE HERE ONLY 'CAUSE I FEEL LIKE I HAVE TO RESPOND.
I KNOW LIZ MADE HER STATEMENT IN GOOD FAITH.
I ALSO DON'T QUESTION THE FACT THAT PATIO.COM DOES NOT.
TOWN OF GREENBERG'S NOT MAKING A LOT OF MONEY ON WATER SELLING INTO THE PATIO.COM.
UM, THAT DOESN'T SPEAK TO ABANDONMENT OF OUTDOOR TO STORAGE IN DISPLAY.
SO YOU'RE RIGHT, THAT'S THE ONLY REASON I'VE ADDRESSED THE WATER METER ISSUE BECAUSE IT WAS RAISED BY THE TOWN.
UM, I WOULD WANNA ASK THE TOWN NOW, WAS THERE, UH, DURING THE TIME THAT YOU BELIEVED THAT THE PROPERTY HAD NOT BEEN IN UH, USE, WAS THERE, DID WE STILL HAVE A MINIMUM FOR A LOCATION THAT USED A SMALL, AND I ONLY SAY THIS BECAUSE WITH MY OFFICE I, FOR YEARS, MY BILL WAS ALWAYS JUST A REGULAR BECAUSE THEN WE USED VERY LITTLE WATER AND WE WOULD GET THE SAME BILL EVERY YEAR.
SO I'M I'M JUST WONDERING WAS THAT SOMETHING THAT WAS IN, UH, STILL IN PLACE BECAUSE I KNOW THEY HAD CHANGED THE METERS NOW OVER THE LAST COUPLE OF YEARS.
YEAH, THE, SO I ASKED THE WATER DEPARTMENT, UM, ABOUT THE, THE DIFFERENCES AND WHY THERE WERE DIFFERENT RATINGS.
UM, THEY SAID IT WAS BASIC USAGE, UM, BECAUSE IT RESUMED 11 20 20 23
[01:50:02]
AND WAS MOST RECENTLY 12 20, 20 24.THEY HAVE USAGE WHERE PREVIOUS TO THAT THE SAME METER WAS NOT BEING USED.
SO IT SHOWS IN THE AREA, UM, AGAIN, THAT THE WATER JUST WAS NOT BEING UTILIZED, WHETHER IT WAS, BECAUSE IT WASN'T BEING UTILIZED AT ALL BY THE PEOPLE THAT WERE THERE.
UM, BUT FOR US, THIS HAS BEEN, IN OTHER CASES, WE'VE USED THIS INFORMATION TO MAKE A DETERMINATION WHETHER A USE WAS ABANDONED OR NOT.
WAS THE PERIOD WHEN IT WASN'T USED, YOU'RE SAYING THAT WAS LIKE 21 AND 22? SO THAT WAS COVID.
SO IT WAS 21, 22 INTO 23 AND THEN IT STARTED SHOWING, IT STARTED SHOWING, UM, AND THEY, THEY DO BILLING PERIODS, UM, INCREMENTALLY QUARTERLY.
BETWEEN, UM, 8 18 23 THERE WAS ZERO USAGE.
AND THEN 11 20 23 THERE WAS UM, LOOKS LIKE 3000 GALLONS WERE USED.
UM, SO IT WAS A $23 BILL AND BEFORE THAT IT WAS NOTHING.
DAVE, JUST SO THE BOARD HEARS FROM YOU ON THIS TO JUST CLOSE OUT THE ISSUE.
AS THE OWNER OF THE PROPERTY AND THE PROPRIETOR OF THE BUSINESS, IS IT YOUR CONTENTION THAT YOU WERE USING WATER OR NOT USING WATER WITHOUT INTERRUPTION? WE WERE USING IT WITHOUT INTERRUPTION.
WE SUBMITTED ELECTRIC BILLS, HEATING BILLS, RENT BILLS.
I DON'T KNOW WHEN THE METER KICKS IN, THEY DO IT BY CUBIC METERS OR CUBIC YARDS.
IT'S A LOT OF WATER BASED ON ONE TOILET FLUSH.
I'M GOING OVER TO THE BIGGER MILL.
I DO HAVE COPIES OF THE REQUEST FOR, UM, REPAIR AS WELL, SO I CAN PASS THAT AROUND.
THERE ARE TWO DIFFERENT ONES THOUGH, SO YOU'LL NEED ONE OF EACH.
YEAH, I THINK IT'S ONE I'M SHARE.
ANYTHING ELSE THAT WE CAN ANSWER FOR YOU OR FOR THE BOARD MEMBERS? NOT, NOT FOR ME AT THE MOMENT.
SHOULD THE BOARD DISAGREE WITH YOU ON THAT ISSUE, DO YOU WANT TO ADDRESS THE ISSUE OF THE ALTERNATE REQUEST FOR VARIANCE? FOR THE VARIANCE? SO WE DID THAT AT THE LAST MEETING.
UM, AND SO I WILL, WE WILL REITERATE, UM, WE BELIEVE AS WE PUT IN OUR WRITTEN SUBMISSION, AS WE ALSO ARGUED AT THE LAST MEETING, WE BELIEVE, UH, THAT BASED UPON THE FIVE FACTOR TEST AND THE BALANCING REQUIRED THAT THE BENEFIT TO THE APPLICANT FOR THESE VARIANCES TO BE GRANTED SUBSTANTIALLY OUTWEIGHS ANY DETRIMENT TO THE SURROUNDING COMMUNITY.
WE DO NOT BELIEVE THAT THIS COULD CAUSE AN ADVERSE IMPACT ON THE CHARACTER OF THE NEIGHBORHOOD AND THE SURROUNDING AREA.
IN FACT, WHAT WE'RE SEEKING TO DO IS CLEARLY IMPROVE THE CHARACTER OF THE SURROUNDING AREA.
UH, THERE ARE OTHER BUSINESSES ALONG CENTRAL AVENUE THAT ARE NOT OPEN.
UH, WE WOULD LIKE TO BE OPEN, THRIVING AT WELL MAINTAINED, UM, WITH A SUBSTANTIALLY EXPENDITURE BEING MADE ON LANDSCAPING AND BUILDING IMPROVEMENTS.
UM, WE DO NOT BELIEVE THAT THERE'S AN, UH, ADVERSE ENVIRONMENTAL IMPACT ASSOCIATED WITH THESE VARIANCES.
UH, THE PARKING IS THE SAME PARKING THAT HAS BEEN, UH, USED ON THIS SITE OR AVAILABLE ON THE SITE FOR DECADES.
UM, AND THE OUTDOOR STORAGE, UH, PARTICULARLY IF IT'S LANDSCAPE, WE DON'T THINK WOULD HAVE ANY ADVERSE ENVIRONMENTAL EFFECT.
UM, WITH REGARD TO SUBSTANTIALITY, WE DO NOT BELIEVE THAT THIS IS A SUBSTANTIAL VARI VARIANCE REQUEST.
WE ARE LITERALLY ASKING FOR THIS VARIANCE TO GO BACK TO THE STATUS QUO UNDER THE, UNDER THE SCENARIO THAT I HAVE TO GET A VARIANCE BECAUSE THE BUILDING DEPARTMENT BELIEVES SOMETHING CEASED FOR A PERIOD OF TIME IN EXCESS OF SIX MONTHS.
WHILE I DON'T BELIEVE THAT THAT'S CORRECT, IF YOU DO, I MR. LEMAN IS RIGHT.
WE HAVE THE ALTERNATIVE ASSET THAT YOU CONSIDER UNDER SASO VERSUS OSGOOD AND THE FIVE FACTOR TESTIMONY, NEW YORK STATE TOWN LAW AND YOUR TOWN CODE, THAT YOU BALANCE THOSE FACTORS.
THE NEXT FACTOR IS, IS THERE ANOTHER FEASIBLE ALTERNATIVE? MR. ROSS'S CONTENTION IS THAT THERE IS NO OTHER FEASIBLE ALTERNATIVE FOR THIS OUTDOOR ORIENTED BUSINESS THAN TO HAVE SOME DEGREE OF OUTDOOR STORAGE AND DISPLAY.
UM, IT IS, IT HAS ALWAYS HAD OUTDOOR STORAGE AND DISPLAY.
UH, WE BELIEVE THAT THE NURSERY THAT WAS THERE BEFORE MR. ROSS PURCHASED THE PROPERTY, HAD OUTDOOR STORAGE AND DISPLAY.
WE SHOWED YOU PHOTOGRAPHS OF THE DAY, DAYS AFTER DAVE PURCHASED THE PROPERTY WHERE YOU COULD SEE WHERE PLANTS HAD BEEN, UM, ON OUTDOOR AREAS AND AND DISPLAY.
SO, UH, WE BELIEVE THAT THERE IS NO FEASIBLE ALTERNATIVE.
I DON'T RUN AN OUTDOOR STORAGE, UH, AN OUTDOOR PATIO FURNITURE BUSINESS, BUT MR. ROSS DOES.
AND IT'S HIS CONTENTION THAT THERE IS NO
[01:55:01]
FEASIBLE ALTERNATIVE FOR HIM TO RUN THIS BUSINESS OTHER THAN IN THAT FASHION.AND IN TERMS OF SELF-CREATED HARDSHIP.
AS YOU ALL KNOW, SELF-CREATED HARDSHIP IS NOT DISPOSITIVE ON AN AREA OF VARIANCE APPLICATION.
AND THE HARDSHIP THAT HE'S DEALING WITH HERE IS, IF ANYTHING, OCCASIONED BY REASON OF THE FACT THAT THE BUILDING DEPARTMENT THINKS HE LEFT.
HE SAYS HE NEVER REALLY DID LEAVE.
UM, AND WE ARE THEREFORE ARGUING A, THERE'S BEEN NO ABANDONMENT.
AND IN THE ALTERNATIVE WE BELIEVE WE WOULD BE ENTITLED TO THE ISSUANCE OF AN VARIANCE.
FINALLY, WHETHER YOU GO WITH NO, NO ABANDONMENT OR YOU GO WITH AN AREA OF VARIANCE AS I STARTED TONIGHT, I WILL END AND SAY ON BEHALF OF MY CLIENT, WE ARE OFFERING A VOLUNTARY CONDITION MANDATING THE INSTALLATION OF THE IMPROVEMENTS THAT WE'VE DESCRIBED THIS EVENING.
THAT WOULD BE A REQUIREMENT FOR THIS TO BE EXPEND FOR THIS EXPENDITURE, LANDSCAPING, FENCING, SIGNAGE, EXTERIOR UPGRADE OF THE BUILDING.
AND DO YOU WANT TO ADDRESS THE, UH, STATEMENT BY THE CGCA THAT THIS IS A, THIS WOULD BE THE OUTDOOR STORAGE VARIANCE WOULD BE A USE VARIANCE AS OPPOSED TO AN AREA VARIANCE.
I WANTED GIVE THE OPPORTUNITY TO, SO THIS IS A TECHNICAL LEGAL ISSUE THAT LIZ AND I DISCUSSED BACK IN FEBRUARY AND MARCH.
'CAUSE ORIGINALLY THE BUILDING DEPARTMENT TOOK THE POSITION THAT WE WOULD NEED TO USE VARIANCE.
AND I DON'T WANNA PUT WORDS IN YOUR MOUTH, BUT I, YOU'RE SITTING RIGHT HERE.
LIZ, YOU WILL CORRECT ME IF I'M MISSTATING ANYTHING WE TALKED ABOUT ORIGINALLY THAT WAS THE CONTENTION IN WRITING IN FROM THE BUILDING DEPARTMENT.
UPON FURTHER REVIEW, THE BUILDING DEPARTMENT THEN REVISED ITS DENIAL LETTER AND SAID, NO, THAT'S NOT CORRECT.
I ACTUALLY GOT A COURTESY PHONE CALL FROM LIZ SAYING I'M CHANGING IT.
IT'S GOING TO NOW INDICATE THAT YOU NEED AN AREA VARIANCE, NOT A USE VARIANCE.
SO MR. LIEMAN, MY FIRST RESPONSE IS WHETHER SHE'LL USE THIS AGAINST ME ELSEWHERE.
UM, AND UM, IT WAS, IT WAS APPROPRIATE FOR THE CHANGE AND, AND WE APPRECIATED IT.
AND WITH REGARD TO THE NATURE, THIS, THE NATURE OF THIS GOES TO LOCATION OF STORAGE, NOT THE USE.
UM, SO THEREFORE WE DO BELIEVE IT IS AN AREA OF VARIANCE.
I THINK IT WAS AN ACCURATE, UM, REVISION.
AND UM, WE ARE HERE FOR AN AREA OF VARIANCE IN THE OFFICE, BUT I APPRECIATE YOU ASKING FOR THAT STATEMENT.
FOR THE RECORD, UH, TO THE EXTENT THAT YOU RAISED THE E CCC LETTER, BRIAN TOUCHED IT BRIEFLY.
I'LL JUST DOUBLE DOWN ON THAT.
I APPRECIATE ECCS LETTER, WHICH YOU TOLD ME WAS DATED BACK IN MARCH.
WAS THAT THE ONE WE RECEIVED WAS MARCH 8TH? UM, WAS THE LETTER THAT YOU OWE THAT, THAT I GOT TODAY, KIRA, THAT WAS DATED TODAY? WE RECEIVED A MARCH 8TH LETTER.
IT WASN'T THE CG CA AS THEN WE ALRIGHT, IN ANY EVENT, UM, SO WE DON'T BELIEVE THAT THERE'S A TRAFFIC ISSUE CAUSED MY PATIO.COM.
WHETHER THERE'S A TRAFFIC ISSUE AT OLD ARMY AND CENTRAL AVENUE, IT'S NOT 'CAUSE OF THIS BUSINESS.
THERE'S NO EVIDENCE IN THE RECORD THAT THAT WOULD BE, UH, ATTRIBUTABLE TO THIS BUSINESS.
AND WE THINK THAT EVERYTHING THAT, UH, MR. ROSS IS PROPOSING WOULD BE AN IMPROVEMENT, UM, TO THAT INTERSECTION.
I FULLY UNDERSTAND, UM, THE ECCS CONCERNS ABOUT EVERYTHING ON CENTRAL AVENUE.
I'M PROUD TO BE STANDING HERE REPRESENTING MR. ROSS, WHO'S TRYING TO NOW DO THE BEST HE POSSIBLY CAN TO IMPROVE CENTRAL AVENUE IN THIS BUSINESS.
SO WE'LL NOW MOVE FORWARD WITH THE FIRST NEW CASE OF THIS EVENING AND THAT IS CASE 24 10.
MELISSA WHITE THREE ONE TO VOTE.
WE NEED SPECIAL MEETING DATE ON FAIL REFRESH START? YES.
UH, JIM, THE ARCHITECT FOR THE PROJECT.
UM, SO WHAT WE'RE PROPOSING ON DOING IS, UH, WE HAVE A, UM, ONE AND A HALF STORY HOUSE NOW.
UH, YOU CAN SEE THE DOTTED LINE HERE.
WHAT WE WANNA DO IS BUILD A SECOND STORY OVER IT.
UM, SO THE WAY THE HOUSE WAS ORIGINALLY BUILT, WE ARE A LITTLE BIT TOO CLOSE ON THIS SIDE FOR THE SIDE YARD SETBACK, WHICH THEN TRIGGERS ON OUR TOOL, UH, DUAL SETBACK, UM, REQUIREMENT.
UH, I THINK IT'S A, UH, FOOT THREE INCHES THAT
[02:00:01]
WE'RE OVER ON THIS.AND THEN EIGHT INCHES THE DUAL, UM, OH, I'M STILL KIND OF OLD SCHOOL.
UH, WE WERE PROPOSAL JUST DOING A DORMER ON THAT ONE SIDE.
UH, WE GOT APPROVED BY THE BOARD AT THAT POINT.
UH, SINCE THEN, UM, THINGS HAVE CHANGED A LITTLE BIT AND THEY WANT TO DO A FULL SECOND STORY ADDITION OVER THE, UH, OVER THE FULL FOOT OF THE HOUSE.
WE'RE NOT INCREASING ANY FURTHER INTO THE SETBACK, WE'RE JUST MATCHING THE EXISTING AMOUNT.
SO YOU'RE JUST INCREASING THE PREEXISTING AMOUNT PERFORMANCE? YES.
YOU ARE GETTING FIVE BEDROOMS AND TWO BATHROOMS. I THINK.
UH, I COUNTED YOU HAVE FIVE BATHROOMS. AND SIR, YOU'RE NOT ASKING ANYTHING FOR THE DRIVEWAY OR ANY OF THAT? NOPE.
THE, UM, HAS A BEDROOM UPSTAIRS ALREADY NOW AND A FAMILY ROOM.
SO THERE IS ALREADY SPACE UP THERE.
UM, BUT IT HAS A SMALL OUTDATED BED AND THAT'S WHAT WE CAME TO THE, FOR THE DORMER ONE BEFORE.
SO A COUPLE, IT'S REALLY OVER THE GARAGE SIDE, THAT AREA.
THAT'S THE NEIGHBORS AT THE TOP.
OH, THE TOP? YEAH, THE TOP LEFT IS THE HOUSE.
SO AS YOU CAN SEE, WE ALREADY HAVE A SECOND FLOOR UP THERE.
WE'RE JUST KIND GOT IT BUMPING ALL.
ANY OTHER QUESTIONS? DO YOU HAVE ANY, UM, ANYTHING FROM YOUR NEIGHBORS WITH RESPECT TO, UH, ANY CONCERNS THEY HAVE? YOU? ANY LETTERS FROM THE NEIGHBORS? MELISSA? NO.
UM, I DID NOT GET ANY COMPLAINTS FROM MY NEIGHBORS OR ANY CONCERNS AND THERE WAS NO ONE CAME OUT.
WHO WAS THE FIRST CASE IN 21 MONTHS? WELL, NO ONE CAME OUT.
THE PREVIOUS CASE, HAVE A WITNESS.
UM, THE NEXT CASE IS CASE 24 11.
ALBERTO ARDI, THANK YOU FOR YOUR TIME.
I'M HERE WITH MY WIFE TAMARA AND OUR ARCHITECT.
THANK YOU VERY MUCH FOR THANK YOU.
WE'RE HAVING DIFFICULTY HEARING YOU.
PERHAPS JUST SPEAK A LITTLE CLOSER TO THE MIC.
SO ME HOUSE? YEAH, IT'S A LITTLE HOUSE.
IS THIS THE WOMEN'S PROJECT? MM-HMM,
THANK YOU VERY MUCH AGAIN FOR HAVING US TONIGHT.
UM, INTRODUCE, OKAY SIR, I'M GONNA HAVE TRY AND DIRECT YOU TO, UM, AMPLIFY YOUR MICROPHONE.
UM, DO YOU KNOW HOW TO ADJUST YOUR OUTPUT VOLUME? CAN DO THAT? UH, JUST SIT RIGHT NEXT TO IT ON THE ZOOM.
IF YOU, UM, CLICK THE ARROW NEXT TO THE, UM, MICROPHONE.
SO THIS IS THE LIMITATING FIVE BEDROOMS, I THINK.
MR. JAMAR, ARE YOU SEEING THAT? YES, YES.
JANELLE, I'M JUST GONNA MUTE THE ROOM BECAUSE IT'S, IT GIVE, GIVING A LOT OF FEEDBACK.
CAN YOU GUYS HEAR ME BETTER NOW? OKAY.
IT SOUNDS LIKE THEY CAN HEAR YOU QUITE GOOD.
[02:05:01]
OKAY, PERFECT.I LEARNED SOMETHING NEW TODAY.
UH, HOW AMPLIFY THE MICROPHONE.
OKAY, SO THIS APPLICATION IS FOR, UH, ALBERTO AND, AND TAMARA THIRY.
THEY'RE BEING IN THE NEIGHBORHOOD, UH, SINCE 2010.
THIS, WHAT WE ARE SEEKING HERE IS TO PROVIDE A SECOND FLOOR ADDITION AND A KITCHEN EXPANSION TO THEIR HOME.
LIKE I MENTIONED, UM, THERE'RE BEING IN THE NEIGHBORHOOD FOR OVER, YOU KNOW, 14 YEARS.
THEY ARE AN ASSET TO A COMMUNITY.
AND, UM, AND WE THINK THIS ADDITION ALSO ADDS VALUE.
AS YOU KNOW, THE ENTIRE NEIGHBORHOOD OF, OF GREENBURG IS ALSO HAVING THAT FRESH AND NEW VIBE, CURB APPEAL.
I THINK THIS, UH, PROPOSAL, UH, ADDITION TO THIS, IT WILL ACTUALLY BENEFIT.
UM, THE ADDITION ITSELF CONSISTS OF 849 SQUARE FEET AND INCLUDING A REAR PUMP OF THE KITCHEN OF 22 BY 14 FEET, SIX INCHES.
JUST TO GIVE YOU, UM, A LITTLE BIT OF FEEDBACK OF WHAT'S THE HOUSE NOW.
SO THIS IS THE EXISTING HOUSE, UM, AS SHOWN HERE.
IT'S A ONE BEDROOM, TWO BATHROOMS. SOME OF THE EXISTING CONTEXT OF THE NEIGHBORHOOD, THE REALLY NICE, UH, MAINTAIN HOUSES THROUGHOUT.
UM, SO IT'S A LOVELY, BEAUTIFUL NEIGHBORHOOD TO LIVE IN.
UM, AND THEY LIKE TO MAINTAIN, TO STAY IN THE AREA.
THERE ARE FEW THINGS, THE FEW DEFICIENCY WITH THE LOT ITSELF, RIGHT ON 154 NORTH ROAD.
UNFORTUNATELY, A LARGE PIECE OF THE LOT, IT CONSISTS ON A, YOU KNOW, STEEP SLOPE AREA.
AS YOU CAN SEE HERE ON THIS TOPOGRAPHIC MAP.
THIS IS THE HIGHEST POINT TOWARDS THE ROAD, TOWARDS THE STREET.
AND THE LOWEST IS BACK TO THE CEMETERY AREA.
SO DUE TO THOSE DEFICIENCIES, UH, GO BACK TO THE PLANS.
OUR PROPOSED ADDITION IS TO, UH, BUILD ON TOP OF THE EXISTING FOOTPRINT OF THE HOUSE.
SO THIS LIGHTER GRAY AREA THAT WE SEE HERE IS THE EXISTING FOOTPRINT, AND WE ARE PLANNING TO BUILD THE SECOND FLOOR DIRECTLY ON TOP.
UH, OBVIOUSLY THERE ARE, YOU KNOW, LIKE I SAID, THE, THE LOT ITSELF DOESN'T ALLOW FOR ADDITIONAL YOU KNOW, CONSTRUCTION IN OTHER AREAS, AND ALSO ECONOMICALLY IT WILL MAKE THE MOST SENSE TO BUILD IN THIS AREA, REDUCING, YOU KNOW, THE AMOUNT OF, UH, SOIL DISRUPTION AND, AND, YOU KNOW, NEIGHBOR AND DISRUPTION AS WELL.
SO, JUST TO GIVE YOU A LITTLE BIT OF THE, WHAT THE PLANS LOOK LIKE.
THIS, THIS IS THE FIRST FLOOR.
LET ME SEE IF I COULD ZOOM A LITTLE CLOSER.
SO THIS OVER HERE IS THE ROAD.
UH, THIS IS THE FRONT DOOR WITH THE PORCH.
UM, AND AGAIN, THIS IS THE EXISTING FOOTPRINT.
THE ADDITION WILL BE THE 22 BY 14 AND A HALF FEET KITCHEN FACING, UH, THE DECK.
AND THEN ON THE SECOND FLOOR IS WHERE WE HAVE, YOU KNOW, THE FULL ADDITION OVER THE EXISTING FOOTPRINT, WHICH WE HAVE THE MASTER BEDROOM WITH THE, UH, YOU KNOW, MASTER BATHROOM.
AND THEN, UM, A BUTTERFLY TYPE OF BEDROOMS, UH, WITH ONE BATHROOM.
SO WE'LL BE ADDING THE, YOU KNOW, IT'S AN EXISTING ONE BED, TWO BATHS, WE HEAR ADDING A BATHROOM, UH, TWO BATHROOMS, RIGHT? ONE FOR THE MASTER AND ONE FOR THE SECOND FLOORS BEDROOMS, UM, AND ADDING TWO BEDROOMS IN TOTAL.
AND THEN, WELL, THESE ARE THE ACTUAL, UH, YOU KNOW, 2D ELEVATIONS.
IDEALLY WE'RE TRYING TO COME UP WITH SOMETHING MODERN, BUT, UH, THAT STILL RELATES TO, TO THE COMMUNITY AND TO THE NEIGHBORHOOD.
SO WE PICKED MATERIALS THAT REPRESENT, YOU KNOW, THE COMMUNITY, UH, CONTEXT.
UH, BUT I STILL FEEL, YOU KNOW, LIKE A NICE NEW HOUSE AND IT'S MODERN AND IT'S ATTRACTIVE TO SEE.
SO THIS IS THE BACKYARD, UM, FACING, YOU KNOW, THE PROPOSED ADDITION WITH THE SIDE AND THE, YOU KNOW, GOING BACK TO THE VARIANCE, THE ISSUES THAT WE HAVE IS, WELL, THE, THE BUILDING DEPARTMENT HAD MENTIONED ONLY TWO VARIANCES NOTED.
UH, DESPITE THE FRONT IS NOT 75 FEET, UH, IT'S ONLY 62 AND A HALF.
UM, THE IN PREVIOUS SURFACE, UH, WE ADDED, IT'S
[02:10:01]
AN EXISTING, UH, THE MAXIMUM ALLOWED IS 40.75%.UH, UNFORTUNATELY WE RAISE IT UP TO 47%, BUT THE SEVERE ONE IS THE SIDE YARDS WHERE THE MINIMUM IS 10 FEET.
AND WE HAVE AN EXISTING NON-CONFORMING OF 3.72, AND WE WILL BE BUILDING ON TOP OF THE SAME EXACT FOOTPRINT.
SO WE'LL CONTINUE HAVING THE EXISTING, UH, NON-CONFORMING SIDE YARD.
SO THAT'S WHY WE ARE HERE TONIGHT.
I HOPE YOU AND LIKE THE PRESENTATION, AND, UM, WE, HERE, IF YOU HAVE ANY QUESTIONS, I'LL ASK ONE.
UM, DID YOU, I NOTICED IN YOUR PACKAGE YOU RECEIVED LETTERS FROM A COUPLE OF NEIGHBORS, BUT NOT FROM THE NEIGHBOR ON THE OTHER SIDE.
IS THERE A REASON FOR THAT OR NO? I THINK THAT NEIGHBOR, OH, YOU, YOU COULD TALK ALBERTO.
UM, THE NEIGHBOR TO THIS, UH, THAT WE NOW RECEIVE A LETTER FROM IS DUE TO THE FACT THAT WE'RE NOT FAMILIAR WITH THOSE NEIGHBORS.
THOSE ARE RE RENTERS RIGHT NOW.
WE'RE GOOD FRIENDS WITH THE PEOPLE THAT ARE RENTING THAT HO THAT HOME, UM, THAT HOME WAS PURCHASED AND NOT TOO LONG AGO, AND THEY DID SOME, UH, REMODELS INSIDE OF IT.
BUT WE'RE, WE HAVE NEVER MET THE OWNERS OF THAT HOME.
WE JUST MET THE RENTERS THAT ARE RENTING THE, FROM THAT HOME.
BUT WE'RE FRIENDS WITH THOSE PEOPLE.
UM, BUT I DIDN'T THINK, UH, A LETTER FROM THE RENTERS WOULD BE, UH, SUFFICIENT TO PRESENT TO THE BOARD.
SECOND QUESTION IS, UM, MY ONLY CONCERN WITH THIS IS THE COVERAGE, THE IMPERVIOUS SURFACE COVERAGE.
AND WOULD YOU CONSIDER, IS THERE, DO YOU NEED THE PATIO IN THE BACKYARD SINCE YOU'RE, YOU'RE ADDING A DECK? EXACTLY.
IF YOU, IF YOU GOT RID OF THE PATIO, YOU, YOU, I DON'T KNOW, YOU MIGHT NOT NEED VARIANCE FOR THE COVERAGE AT ALL.
WELL, THE, BUT THE, YOU KNOW, THE WHOLE HOUSE BECOMES DEFICIENT, RIGHT? IF YOU ELIMINATE THE PATIO, YOU HAVE A KITCHEN THAT LEADS TO NOWHERE.
SO THAT WOULD, UH, REDUCE VALUE OF THE ADDITION ACTUALLY.
UM, WE WOULD LOVE TO LOOK INTO IT, UH, REDUCING OR MAYBE MAKING SOME OF THESE, UM, IMPERVIOUS SURFACES MAY BE PER VIEWABLE.
UM, HOWEVER, THE BUILDING DEPARTMENT HAD NOT RAISED AN ISSUE REGARDING THE DRAINAGE, UM, YOU KNOW, ISSUE DUE TO THE ADDITION ITSELF IN REGARDING FOOTPRINT, IT'S BELOW.
I THINK IN FOOTPRINT WISE, THE ADDITION WILL BE, HOLD ON.
THE ADDITION ITSELF FOOTPRINT IS, UH, 319 SQUARE FEET, RIGHT? FOR THE KITCHEN.
SAME EXACT QUESTION THAT MOST OF THE, THE BACKYARD IS PAVED.
AND, UM, IT SEEMS THAT IF YOU TOOK SOME OF THAT PATIO AND MADE IT GRASS OR SHRUBBERY OR DID SOME PRETTY LANDSCAPING, YOU COULD NOT NEED THAT SECOND VARIANCE.
THERE'S JUST A LOT OF PAVED AREA AND YOU NOW HAVE THE DECK.
SO IT JUST SEEMED, UH, AN OPPORTUNITY IF YOU FIND IT NECESSARY.
I MEAN, I THINK WE COULD LOOK INTO IT.
IT'S AN EXISTING PATIO THAT, UM, YOU KNOW, IT CAME WITH THE HOUSE AND THEY'RE USING IT VERY PLEA.
UH, IT'S ALREADY IN THE BACK AREA IS NOT, DOESN'T BOTHER THERE.
ANYBODY THERE,
UM, IF YOU THINK THAT'S A, IT'S A REQUIREMENT, UM, TO, TO GRANT THE VARIANCE, WE DEFINITELY WILL LOOK INTO IT.
IDEALLY, WE'D LIKE TO MAINTAIN THAT REAR, UH, REAR PATIO.
I THINK THE CLIENT USE IT QUITE OFTEN.
WE USE IT QUITE OFTEN TO HOST BIRTHDAY PARTIES, UH, HOST FRIENDS OVER.
IT'S JUST A, A WAY TO GET TO, TO THE REAR OF THE, THE PROPERTY.
[02:15:01]
OF TREES AND COVERAGE OF IN THAT AREA AS WELL.YOU KNOW, IT'S NOT THAT IT, THE, ALL THESE, UH, EXISTING TOPOGRAPHY OF THE SITE, IT DOES HURT.
UH, YOU KNOW, ALL THESE DIFFERENT ELEMENTS LIKE THE, THE, THE LOCATION OF THE HOUSE AND THE, YOU KNOW, THE, THE DRIVEWAY ITSELF.
WE HAVE A LOT OF IMPERVIOUS SURFACES ALSO BECAUSE OF THE DRIVEWAY, YOU ARE NOT ABLE, THE STREET, NORTH ROAD, IT'S IN A STEEP HILL AS WELL, RIGHT.
UM, SO IN YOUR MAP, THIS IS THE HIGH POINT AND GOES DOWN TO A LOW POINT.
SO YOU, IT'S VERY DANGEROUS IF YOU COME IN ON THE, ON THIS DRIVEWAY AND TRY TO BACK UP ON NORTH ROAD.
PEOPLE DO COME AT SOMEWHAT SPEED OVER NORTH ROAD.
SO YOU NEED A SPACE ENOUGH TO COME IN, HEADWISE INTO YOUR DRIVEWAY, BACK UP AND GO HEAD FRONT ONTO NORTH ROAD.
SO, AND THIS IS ALSO A STEEP DRIVEWAY ITSELF.
SO, UM, WHAT WE'RE TRYING TO DO HERE IS OBVIOUSLY NOT MAKE ANY CHAOS ON NORTH ROAD BECAUSE AGAIN, WE NEED ALL THIS IMPERVIOUS SURFACE FOR CARS TO TURN AROUND.
THAT'S WHY WE FELT IT WAS NECESSARY TO IN INCREASE THE AMOUNT OF IMPERIAL SURFACE PICTURE THAT YOU HAVE THAT SHOWS THE REAR OF THE HOUSE.
YOU HAVE IN THE MIDDLE OF THE RIGHT FRONT SIDE, IT LOOKS AS THOUGH THERE'S GRAVEL THAT'S ON THE, ON THE GROUND ON THAT SIDE.
IS THAT CORRECT? THIS, THIS PICTURE, IT'S THE ONE THAT SHOWS THE REAR VIEW SHOWS THE PATIO, THE RIGHT FRONT SIDE FROM THE REAR AND THE LEFT SIDE FROM THE REAR.
THE EXISTING, THE EXISTING HOUSE.
THE PHOTOS OF THE EXISTING HOUSE.
I'M JUST ASKING, YEAH, I'M JUST ASKING YEAH, THE PHOTO.
IS THAT, IS THAT GRAVEL THAT'S ON THAT RIGHT FRONT SIDE? THIS IS S PAPERS AS IN ON DRIVER.
IT SAYS GRAVEL ON THE DRAWING SAYS IT LOOKS LIKE GRAVEL IN THE PICTURE.
ON THE PLAN, ON THE SURVEY YOU MEAN? YEAH, MAYBE IT WAS MISSTATED AS TO THE SIDE OF THE HOUSE, BECAUSE YOU'RE LOOKING AT IT FROM THE BACK.
YEAH, THIS IS THE REAR LEFT FRONT SIDE.
IT LOOKS LIKE IT'S THE RIGHT, YOU RIGHT, THE REAR RIGHT IS MISLABELED.
YEAH, I THINK IT'S MISLABELED.
UM, AGAIN, IF YOU, IF YOU THINK IT'S NECESSARY, WE WILL DEFINITELY LOOK INTO WAYS TO REDUCE THE AMOUNT OF SURFACE ON THE WELL, ANYTHING THAT YOU CAN DO WOULD CERTAINLY HELP.
IF YOU'RE OKAY WITH EVERYTHING.
WOULD IT BE ABLE FOR YOU TO GRANT AN APPROVAL WITH THE CONDITIONAL ACT? UH, YOU KNOW, YOU MENTIONED THIS 45% IMPROVE YOUR SURFACE.
THIS IS LIST FROM THE BUILDING DEPARTMENT.
HAVE, HAVE YOU SUBMITTED TO ENGINEERING FOR STORM WATER DESIGN YET FOR RETENTION SYSTEM? YES.
HAS THAT, SO YOU, UM, SUBMITTED FOR THE, IT WAS APPROVED FOR STORM WATER, NOT SLOPE? UH, BOTH I BELIEVE.
OH, NO, HOLD ON, LET ME CHECK THE LETTER.
UH, WE HAVE A LETTER FROM STEVE SLOPE ALLOWING US TO PROCEED WITH THE, YOU KNOW, UH, BUT WE DIDN'T GET AN APPROVAL YET.
SO THE, THE PROBLEM BECOMES, YOU KNOW, YOU HAVE A LOT OF IMPERVIOUS SURFACE ON THE PROPERTY.
YOU'RE GOING TO HAVE TO ACCOUNT FOR THAT BY, UM, WHEN YOU SUBMIT FOR YOUR, IF YOU GET APPROVED FOR THE INFILTRATORS, WHERE ARE YOU GOING TO PROPOSE THOSE ON THE SITE? BECAUSE THE MAJORITY OF IT TO, YOU KNOW, RETAIN THE WATER ON THE PROPERTY, YOU'RE GONNA HAVE TO COME UP WITH A DESIGN BEFORE THIS CAN EVEN BE APPROVED.
SO THAT, THAT, THAT YOU HAVE NOT GOTTEN YET.
YOU HAVEN'T SUBMITTED A DESIGN TO ENGINEERING.
WELL, WHAT IN THE, THAT'S WHY ENGINEERING ALLOW US TO PROCEED WITH THE VARIANCE FIRST
[02:20:01]
TO SEE, NO, THEY GAVE YOU, THEY GAVE YOU A SLOW CLEARANCE FORM AND REQUIRED ON YOUR APPLICATION THAT YOU GET A STORMWATER PERMIT.BUT YOU'RE GONNA HAVE TO COME UP WITH A PLAN THAT SHOWS THAT YOU'RE ABLE TO RETAIN ALL OF THE WATER FROM THE IMPERVIOUS SURFACE ON THE SITE, JUST SO YOU'RE AWARE OF THAT.
YOU'RE GONNA HAVE TO FIND A LOCATION, AND THE MAJORITY OF IT LOOKS LIKE IT'S PAVED TOWARDS THE REAR AND THE DRIVEWAY.
SO YOU'RE GONNA HAVE TO FIGURE OUT A WAY THAT YOU'RE GOING TO BE ABLE TO RETAIN THE WATER FROM THE ADDITION, INCLUDING ALL OF THE PERVIOUS AREAS ON THE SITE.
SO JUST MAKE SURE THAT, YOU KNOW, YOU'RE CALCULATING IN YOUR DESIGN EVERY SO THAT THERE'S NO RUNOFF.
UM, SO OBVIOUSLY, UM, THEY'RE ALL, YOU KNOW,
SO THE, THE ZONING BOARD CAN MAKE A DECISION.
THEY'RE JUST GOING TO, THEY MAY HAVE TO MODIFY, AND THAT'S THE, THE POINT OF THE WHOLE CONVERSATION THAT WE HAD PREVIOUSLY, THAT YOU ARE SUBMITTING AN APPLICATION WITHOUT GETTING THE STORMWATER PERMIT IN ADVANCE OF SUBMITTING TO THE ZONING BOARD.
YOU MAY HAVE TO MODIFY YOUR APPLICATION BECAUSE YOU'RE GONNA HAVE TO TAKE UP SOME AREAS TO ACCOUNT FOR INFILTRATORS ON THE PROPERTY TO RETAIN THE AREA THAT YOU'RE BUILDING.
WOULD IT BE, WOULD YOU BE, WOULD IT BE SUFFICIENT IF WE, UH, IF WE HAVE TO MODIFY ANY SURFACES, WE COME BACK TO THE BOARD, BUT AT LEAST WE GET THIS, UH, YOU KNOW, CONDITIONAL APPROVAL GRANTED TO PROCEED BECAUSE IT, IT SEEMS LIKE THE OTHER BOARDS ARE WAITING ON THE VARIANCE TO BE APPROVED FOR THEM TO CONTINUE LOOKING INTO THIS PROJECT.
LIKE YOU JUST MENTIONED, ENGINEERING DEPARTMENT, THEY ALLOW US TO PROCEED, UH, WITHOUT GOING US TO DESIGN THIS, UH, DRAIN SYSTEM.
NO, THEY GAVE YOU A SLIP CLEARANCE FORM THAT DIRECTED YOU TO APPLY FOR A STORM WATER PERMIT, BUT YOU WANTED TO GO FOR THE VARIANCE BEFORE YOU APPLIED FOR THE STORM WATER.
UM, SO THAT IT'S KIND OF PUT IN THE CART BEFORE THE HORSE, BECAUSE YOUR DESIGN MAY CHANGE.
UM, I DID EXPLAIN THAT TO YOU WHEN YOU ORIGINALLY SUBMITTED THE OTHER ISSUE, UM, THAT WE HAVE, THAT YOUR PLANS DON'T SHOW THE ATTIC LEVEL, ALTHOUGH YOU HAVE DOOR LEVEL, ALTHOUGH YOU HAVE DORMERS DEPICTED.
SO WHAT IS THE, THE ATTIC LEVEL IS GOING TO BE STORAGE ONLY STORAGE, YEAH.
THERE IS NOT ENOUGH HEIGHT TO
SO THE THE DORMERS ARE JUST AS AESTHETIC RECORDED? THEY GOT IT, YES.
I THOUGHT, UM, YOU KNOW, REGARDING THE DRAINAGE AND THE ISSUE, EACH NOTE THAT WE NEEDED THE VARIANCE FIRST TO PROCEED WITH OTHER DEPARTMENTS.
UM, BUT AGAIN, WE, WE ARE MORE THAN WELCOME, MORE THAN HAPPY TO COME BACK IF WE HAVE TO MAKE ANY CHANGES TO THE ACTUAL TRUCTURE OR TO THE SITE PLAN.
UM, WE, WE, BEFORE PROVIDING THIS DRAINAGE SYSTEM, YOU KNOW, ISSUES THAT WE HAVE HERE, CAN WE RENDER A DECISION WITH CONDITION OF GETTING A PROPER DRAINAGE PLAN? HMM.
CAN I JUST, UM, I JUST WANT TO PROVIDE JUST A LITTLE BIT OF INFORMATION IF POSSIBLE.
UM, THEY ARE ACTUALLY BEFORE THE HPD, UM, THAT'S FOR HISTORIC PRESERVATION BOARD.
SO THEY WERE ALLOWED TO SUBMIT, UM, THEIR STEEPS OR THEIR SLOPE CLEARANCE AND THE WETLANDS APPLICATIONS, AND THEY'RE, THEY'RE ACTUALLY TRYING TO DO THE ZONING AND, UM, H AND LPB SIMULTANEOUSLY IS, I THINK THEY'RE GONNA HAVE TO ALSO GO BEFORE PLANNING BOARD.
I'M NOT HUNDRED PERCENT SURE ON THAT, BUT, SO THEY, THEY'RE STILL CLEARANCE AND THEIR WETLANDS WERE BOTH DONE.
UM, BUT THEY ARE ALSO BEFORE HISTORIC LAND MARKET RESERVATION 'CAUSE OF THE AGE OF THE HOUSE, ANY HOUSE THAT'S 50 YEARS OR OLDER, I, I KNOW THAT, BUT WHAT, WHAT IS THE, WHAT'S IT BEFORE THE H AND L PPP FOR? WHAT WILL THE H AND LPP BE DOING? WHAT ARE THEY APPLYING FOR BEFORE THE HLP? I KNOW IT'S MORE THAN 50 YEARS OLD, BUT THEY'RE NOT NECESSARILY APPLYING FOR ANYTHING.
[02:25:01]
GET WELL, THE HOUSE IS BEING DRAMATICALLY CHANGED.THEY'RE DOING ALL OF ALL KINDS OF STUFF.
WELL, I DON'T, I DON'T REALLY SEE THAT IT, IT SERVES THEM UNLESS I'M MISSING SOMETHING THAT IF WE YOU CONDITION SOMETHING, WE DON'T KNOW IF THE PLAN IS GOING TO HAVE TO CHANGE.
IT'S LIKE AN ADVISORY OPINION, WHICH WE ARE NOT SUPPOSED TO GIVE, LIKE RIGHT.
IT'S TACULAR ASKING FOR THINGS BEFORE READY.
SO MY, MY ONLY MENTION OF THAT WAS JUST SO THE ENGINEER IS AWARE THAT THEY'RE GOING TO HAVE TO COUNT FOR ALL THE IMPERVIOUS SERVICES WHEN THEY'RE DOING THEIR DESIGN.
WE, WE'LL, WE'LL DEFINITELY PROVIDE YOU TO THE BOARD WITH, YOU KNOW, ANY CHANGES, OBVIOUSLY, BUT WE COULD ALSO PROVIDE YOU WITH ENGINEERING DRAWINGS FOR DRAINAGE.
THE ONLY ISSUE WE HAVE IS, UH, AGAIN, I THINK IT WAS A MISCOMMUNICATION.
I I DIDN'T UNDERSTOOD THAT WE HAVE TO, I THINK, I THOUGHT WE NEEDED THIS VARIANCE APPROVAL FIRST TO PROCEED WITH OTHER DEPARTMENTS.
UM, AND THAT'S WHY, YOU KNOW, IT'S ABOUT TIMING AS WELL.
YOU KNOW, IDEALLY WE'RE TRYING TO GET EVERYTHING DONE AND, AND GET THIS STARTED PROCESS CONSTRUCTION AS SOON AS, OKAY, SO THEY ARE ALREADY, UH, 2% OVER THE, UM, IMPERVIOUS COVERAGE, UH, ONE POINT.
SO INSTEAD OF 40%, YOU'RE, YOU'RE LIKE 43 QUARTER PERCENT NOW PERMITTED, AND YOU ARE LIKE 42% EXISTING AND YOU'RE INCREASING IT TO 47.
SO IN ACTUALITY, IN ACTUALITY, YOU ARE ONLY 7% OVER THE WHAT'S PERMITTED, UM, WHICH IS NOT A WHOLE HECK OF A LOT OF SQUARE FOOTAGE, WHICH WOULD APPEAR TO BE A PRETTY EASY FIX TO REDUCE THE AMOUNT OF IMPERVIOUS SURFACE TO FALL WITHIN WHAT IS PERMITTED.
AND THEN ALSO THAT'LL ALSO, UM, ALLEVIATE YOUR, SOME OF YOUR DRAINAGE CONCERNS AS WELL.
SO, UM, I, I'LL TELL YOU, I LIKE THE DESIGN, UM, BUT I, THAT IF THERE IS A WAY THAT YOU COULD REDUCE THE, UH, AMOUNT OF IMPERVIOUS SURFACE AND THEN PROVIDE FOR THE PROPER AMOUNT OF, UH, WATER RETAINAGE, UH, YOU SHOULD BE GOOD TO GO.
WHAT DO WE, SO WHAT YOU'RE SAYING, IF WE GO BACK TO THE 42% INFERIOR SURFACE, WE'LL BE GRANDFATHERING THE EXISTING NONCONFORMING AND POSSIBILITY.
I DON'T, I, I CAN'T ANSWER THAT QUESTION BECAUSE I DON'T KNOW WHAT CHANGE YOU'RE GONNA MAKE AND WHAT IT'S GONNA RESULT IN AND HOW YOU'RE GONNA DO THE WATER, WHICH IS NOT ANY OF OUR CONCERN.
WELL, NO, WHAT I'M THINKING IS, IF YOU SAID ALL, ALL WE WERE SAYING IS THAT IF WE WOULD APPRECIATE IT, IF YOU COULD PERHAPS DECREASE THE OVERAGE, BUT, AND YOU SAID YOU COULD, BUT WE DON'T HAVE ANYTHING BEFORE US THAT WE CAN APPROVE AND SAY THAT'S, THAT'S, THAT'S, YOU KNOW, ACCEPTABLE TO US.
NO, I WAS HOPING TO GET A CONDITIONAL PERMIT, YOU KNOW, CONDITIONAL APPROVAL THAT WE SAY IT'S APPROVED PREVIOUS CENSUS UP TO 42% FROM 42%.
UH, AND THEN WE COULD WORK OUT IN OUR END TO REPEAT FOR YOUR SURFACE AND SUBMIT, UH, YOU KNOW, A PLAN TO YOU AS A BOARD AND NOT NECESSARILY COME BACK, YOU KNOW, TO DO A FULL FORMAL PRESENTATION.
NO, THAT'S, THAT'S, THAT'S BACKWARD.
WE HAVE TO, WE HAVE TO APPROVE THE PLAN THAT YOU'RE GOING TO BUILD.
SO WHAT THE BOARD WILL DO IS PUT A LETTER TOGETHER THAT FINE TUNES EXACTLY WHAT IT'S LOOKING FOR, WHICH SOUNDS LIKE WE WANT YOU TO EXPLORE TO SEE IF YOU CAN REDUCE IMPERVIOUS SURFACES A BIT.
AND IN CONNECTION WITH THAT, UM, IF YOU CAN MAYBE PREPARE A CONCEPT STORM WATER PLAN THAT WE COULD JUST RUN BY THE TOWN ENGINEER FOR
[02:30:01]
CONCURRENCE.WE'LL, YOU KNOW, WE'LL, WE'LL, WE'LL HAVE YOU BACK NEXT MONTH AND ZONING.
ANYTHING ELSE FROM THE BOARD? NOT AT THIS MOMENT, NO.
8 4 12 5 29 CENTRAL PARK AVENUE, LLC EVENING.
I WOULD IMAGINE WORKING HARD BATHROOM BREAK WOULD BE GOOD TOO.
YEAH, I WOULD, WELL, MAYBE I'LL BE QUICK.
WE'RE HERE IN THE LIGHTBRIDGE ACADEMY, UH, EXISTING FACILITY AT CHILD DAYCARE AREA.
UM, WE, UH, HAVE 105 CURRENT STUDENTS AND 22 STAFF OR CHILDREN.
WE WANT TO INCREASE THAT TO 152 FTE OR FULL-TIME EQUIVALENT, UH, CHILDREN WITH 31 STAFF WHO WENT TO THE PLANNING BOARD.
UH, THE AL WAS, UH, MUTED THERE.
IF SOMEBODY IN THE ROOM COULD PLEASE, UM, UNMUTE THE AL.
WE, UH, ARE HERE TO ANSWER ANY QUESTIONS.
WE HAVE OUR ENGINEERING TEAM HERE, JESSE LEY AND ALSO MICHELLE REH, OUR TRAFFIC ENGINEER.
UH, THIS WAS SUBMITTED A LONG TIME AGO, WAS REQUESTED THAT IF WE EVER WANTED TO INCREASE THE NUMBER OF, UH, CHILDREN THAT WE'D HAVE TO COME BACK AND HAVE A TRAFFIC ANALYSIS DONE.
COLLEAGUE DID THE TRAFFIC ANALYSIS, SUBMITTED IT TO KIMLEY HORN, THEY OKAYED IT, UH, AND THERE WAS NO ISSUES FROM PARKING OR TRAFFIC PERSPECTIVE FROM YOUR OWN EXPERT.
I WAS GONNA ASK THAT QUESTION.
UM, SO THE NUMBER OF CHILDREN YOU HAVE NOW IS 105 FTE OR FULL-TIME EQUIVALENT STUDENTS.
AND HOW WOULD THE NUMBER THAT YOU'RE GOING UP TO INCREASE YOUR, UH, EMPLOYEES? IT WOULD GO FROM 105, UH, FULL-TIME EQUIVALENT CHILDREN TO 1 52, AND THE EMPLOYEES WOULD INCREASE FROM 22 TO 31.
THERE WAS A, UM, PARKING, UH, ANALYSIS DONE IN A REAL TIME, UH, ANALYSIS SHOWING THAT PARKING WAS AVAILABLE FOR ADDITIONAL, UH, STAFF MEMBERS.
AND THERE IS SOME, UM, STAGING OF WHEN PEOPLE COME IN, IF NOT ALL AT THE SAME TIME.
SO WE WERE MEETING THE PARKING, UH, NEEDS OF THE FACILITY, EVEN WITH THE, UH, INCREASED STAFF AND THE, UM, CHILDREN COME AT DIFFERENT TIMES TOO.
SO WE THINK WE MEET THE FIVE PART TEST, UM, OF, FOR VARIANCE, AND WE'LL REQUEST THE PARKING VARIANCE, I THINK IS ALL WE NEED HERE.
I'M CORRECT FROM YOUR BOARD, THEN WE HAVE TO GO BACK TO THE PLAN IN ORDER TO FINAL SITE PLAN APPROVAL ENGINEER ON VIDEO IF YOU NEEDED ANY QUESTIONS ON THE TECHNICAL SIDE OR ON THE LEGAL SIDE.
I HAVE A, I JUST HAVE A QUESTION.
IS THERE AN AN ADDITIONAL OFFICE BACK THERE OR IS IT JUST THE DAYCARE? UH, THAT'S A GOOD QUESTION BECAUSE IN THE PARKING, I JUST ASK 'CAUSE OF THE PARKING CALCULATION THERE IS, THERE IS AN OFFICE.
THERE IS AN OFFICE AND THERE'S SIX SPACES ACCOUNT WITH THAT, WITH THAT OFFICE.
BUT IT'S REALLY, SO THE OFFICE IS, SORRY, GO AHEAD.
THE OFFICE IS NOT AFFILIATED THEN WITH THE DAYCARE? UM, IT WOULD PROBABLY BE THE OFFICE FOR THE FRANCHISEE HIMSELF.
MARK MC, UM, WHO HAS A NUMBER OF LOCATIONS, ONE CONSTRUCTION IN, UM, BUT HE LIKE INFREQUENTLY HE NEEDED.
SO IN OTHER WORDS, IT'S NOT LIKE AN OFFICE FOR THE DAYCARE.
CORRECT? IT'S COMPLETELY SEPARATE.
THERE'S NO, YEAH, THERE'S NO ACCESS BETWEEN THEM.
I JUST DIDN'T KNOW IF YOU'RE DOUBLE.
THAT'S WHY THE ENGINEER'S ON THERE WAS A LETTER RECEIVED ON JUNE 19TH.
DO YOU HAVE THIS FROM MR.
UH, WE'RE IN LITIGATION WITH HIM AS IS THE TOWN AGAINST THE NEIGHBOR.
[02:35:04]
THE AL GOT MUTED AGAIN.IF YOU COULD, I DON'T KNOW IF SOMEONE BUMPED INTO SOMETHING, BUT, UH, OKAY.
YEAH, GARRETT, WE'RE GETTING A LOT OF BACK FEED IN HERE.
I DON'T KNOW IF SOMEBODY ON ZOOM HAS THEIR MIC GUN DOWN.
UM, AM I SUPPOSED TO SHOW, WHAT SHOULD I EMAIL? YOU DID EMAIL IT.
JESSE, DID YOU SEE THE EMAIL FROM MR. S? NO LETTER.
I THINK IN THE, IN, IN AN EMAIL.
DO, DO YOU HAVE ANY COMMENTS ON IT? UM, I CAN SPEAK TO IT, BUT BASICALLY THE SITE PLAN THAT WE HAVE PREPARED IS THE SAME AS THE ONE THAT WAS PREVIOUSLY APPROVED.
THE ONLY CHANGE THAT HAS BEEN MADE IS TO REFLECT THE PARKING CALCULATION FOR THE REQUIRED PARKING BASED ON, AS GARY HAS SAID, THE NEW FULL TIME ENROLLMENT AND THE, THE TEACHERS.
SO THE CALCULATION IS THE ONLY THING THAT CHANGED ON THAT PLAN.
UM, THE REFERENCE AREA REMAINS IN THE SAME LOCATION THAT WAS APPROVED.
UM, THE CROSSWALK IS THE SAME CONFIGURATION THAT WAS APPROVED.
UM, THE, UH, PICKUP AND DROP WALK OPERATIONS ARE COVERED IN THE TRAFFIC STUDY.
UM, THE ORIGINAL ONE SENT THE UPDATED VERSION AND HER HORS REVIEW LETTER.
UH, THEY SEE NO REASON FOR DENYING THE REQUEST AND THE TIME LAPSE VIDEO PROVIDED BY THE APPLICANT DEMONSTRATES THERE IS ADEQUATE PERFORM NECESSARY TURNING MOVEMENTS DURING THE PICK AND DROP OFF TIMES.
WE HAD AT THE PLANNING BOARD MEETING, THEY PLAYED THAT TIME LAPSE VIDEO ON A LOOP AND ALL OF THE MEMBERS FELT IT VERY HELPFUL TO ACTUALLY SEE WHAT WE DESCRIBED IN THE ORIGINAL TRAFFIC STUDY IN REAL TIME, IN REAL FOOTAGE.
UM, THAT THE DROP OFF AS DARIUS SAID, AND THE PICKUP HAPPENS OVER, YOU KNOW, A COUPLE HOUR, HOUR WINDOWS IN THE MORNING AND AT NIGHT.
AND IT'S NOT THAT THOSE SPACES ARE, THAT ARE DESIGNATED FOR PICKUP A DROP OFF ARE NEVER FULLY UTILIZED.
UM, SO THE ONE THING IS THE SITE PLAN BEFORE YOU OR THAT WAS SUBMITTED WITH THE APPLICATION, UM, IT DOES NEED TO BE UPDATED TO, I GUESS REFLECT THE ACTUAL AS-BUILT LOCATION OF THE RETAINING WALL, BUT IT DOESN'T IMPACT THE SEPARATION, UH, DISTANCES AND VIOLATE ANY OF THE MINIMUM TURNING WIDTHS THAT ARE REQUIRED.
DO YOU HAVE ANY QUESTIONS OR WAITING FOR OUR ARCHITECT TO
HAVE YOU SEEN THIS? YEAH, I JUST, WE DID, I JUST HANDED IT DOWN.
I DID REVIEW IT JUST NOW AND OUR, OUR ENGINEER DID REVIEW IT.
I THINK JUST TRY TO ANSWER EACH OF THE SELLING POINTS.
THAT'S THE SAME PLAN THAT WAS REVIEWED A FEW YEARS AGO.
ANY, ANY ANYONE OUT THERE IN SPACE? UH, YEAH.
WHO, UH, HEAR ME? IT'S ELLIOT
UM, YEAH, THEY, THEY, THE PLAN THAT THEY HAVE JUST STATED IS NOT AN AGILE CONDITION.
THEY DON'T KNOW IF THE WALL IS OR ANY OF THE ITEMS ARE BUILT IN ACCORDANCE WITH THE ORIGINAL SITE PLAN.
I WOULD SAY THAT THEY HAVEN'T, THAT, THAT THEY'RE NOT, UH, THEY DID A TIME LAPSE, UH, VIDEO OF, UH, PARKING, BUT THAT WAS, THEY'RE ASKING FOR 50% MORE, MORE, UM, STUDENTS, WHICH MEANS MORE DROP OFF.
UH, AS FAR AS THE CROSSWALK TO NOWHERE.
I MEAN, YOU CAN'T HAVE, YOU KNOW, JUST LIKE THE, UH, THE THE FIRST APPLICATION, YOU CAN'T HAVE A CROSSWALK TO NOWHERE.
THEY GO ACROSS THE STREET AND THEY END UP IN TWO PARKED CARS.
UH, IT SEEMS TO ME THEY MAY BE LOSING SPACE, UH, FOR THE INSTALLATION OF, UM, CERTAINLY THE GUIDE RAIL THAT'S NOT THERE.
AND WE KNOW THAT THE GUIDE RAIL ISN'T THERE.
WE, WE SUBMITTED A PICTURE FOR HALF OF IT.
ONCE YOU PUT THAT GUIDE RAIL IN YOU, YOU'RE GONNA REDUCE YOUR BACKUP AREA
[02:40:01]
EVEN IF THE GUY, THE WALL IS WHERE THE ORIGINALWELL, I THINK THAT THERE, THERE ARE DEFICIENCIES IN THE APPLICATION ENOUGH TO CERTAINLY HOLD IT OVER TO, TO GET AN AN AS.
THEY ALREADY HAVE AN ASALT, THEY HAD TO GET AN ASALT DONE IN ORDER TO, UH, GET A CO.
SO WHY AREN'T THEY USING THE ASIL, UH, FOR THEIR, ANYONE ELSE? ANY ANSWERS YOU WANNA GIVE? UH, JESSE, ANYTHING MORE YOU WANT TO ADD ON THE TECHNICAL WAS JUST GONNA SAY WE, WE CAN INPUT THE AS-BUILT LOCATION OF THE WALL ON HER FOR THE PLANNING BOARD.
TRY TO TRY TO FIND A SITE PROBLEM AND MORE OF A SIDE PLAN THAT SHE YEAH.
WE MAY END UP LOSING SPACE BECAUSE OF THE, UH, THE GUIDE RAIL INSTALLATION AND, UH, AND THE ACTUAL LOCATION OF IT.
WHY WOULD WE LOSE SPACE? IT'S EXISTED.
AND THE, THE DRIVE I, AS YOU GO BACK AND THAT'S WHERE THE GUIDE RAIL IS, YOU HAVE MORE THAN 23 FEET CLOSER TO THE PLAYGROUND.
SO WITH THE GUIDE RAIL HAS TO BE EXTENDED A FULL LENGTH OF THE WALL.
I MEAN, WE SUBMITTED, UH, PICTURES WHERE THE WALL HAS ALREADY BEEN HIT.
UH, SOMEBODY DIDN'T GO OVER IT AT THAT POINT.
BUT, UH, THAT, THAT WALL BEING FOUR FEET, SIX FEET TALL IS DANGEROUS FOR SOMEBODY BACKING UP RIGHT INTO IT.
UH, FROM THOSE, UH, THOSE SPACES.
MADAM CHAIR, THIS IS ALL APPROVED BY THE PLANNING BOARD, YOUR BOARD, THE BILLING DEPARTMENT CO ISSUED.
THIS IS ALL MR. SENIOR'S FANTASY WITH THE LITIGATION RELATED TO THE LITIGATION THAT WE HAVE TO DO OTHER THINGS TO TRY TO STOP US.
IT HAS NOTHING TO DO WITH THE APPLICATION THAT WE HAVE PENDING.
HE'S ARGUING THE SAME THINGS IN THE LITIGATION THAT MAKE NO SENSE.
JUST THAT THEY DON'T HEAR THAT EXTENDING WALLS AND DANGEROUSNESS AND THERE'S NO ISSUE.
HASN'T BEEN AN ISSUE SINCE IT BEEN OVER.
WELL, IF YOU HAVE THIS MATTER PENDING, WE'RE NOT THE BOARD OR THE, OR THE COURT TO DO THAT.
WE'RE TRYING TO GO BY WHAT WE HAVE BEFORE US.
AND, AND BEFORE WHAT YOU HAVE BEFORE YOU IS NOT AN ACCURATE SITE PLAN.
IT DOESN'T SHOW AS THE CONDITIONS SITE PLAN.
THAT'S, THAT'S THE, THAT'S THE WORD.
THAT'S AN ISSUE FOR THE PLAN BOARD.
THIS 100% INITIALLY AND RECOMMENDED TO YOU.
THIS IS AN ISSUE FOR THE VARIANCES FOR THE PARKING ONLY.
WE'RE HERE JUST FOR THE PARKING ONLY.
THE OTHER ISSUES THAT YOU RAISED, I'M NOT SAYING THEY'RE, THEY MAY NOT BE LEGITIMATE, BUT THERE'S NOT SOMETHING THAT WE CAN ADDRESS.
WELL, I'M ALL, MY, MY POINT IS THAT IF THEY HAVE, UH, AN ADULT CONDITION, THAT'S NOT THE, THE WHAT THEY'RE PORTRAYING, THEY MAY LOSE ADDITIONAL SPACES AND IF THEY, THEY HAVE ADDITIONAL
SO THE BUILDING DEPARTMENT WOULD HAVE TO DEAL WITH THAT.
YOU CAN'T COME AND SAY THIS IS WHAT WE'RE GONNA BUILD AND THEN DON'T BUILD THAT, BUILD SOMETHING DIFFERENT AND NOT HAVE A PROBLEM.
WE'RE APPROVING WHAT IF WE APPROVE IT, WHAT IT IS THAT THEY'VE PRESENTED BEFORE US AND WHAT THE PLANNING BOARD HAS, UM, APPROVED.
YOU'RE GOING BACK TO THE PLANNING BOARD.
WE TO GO BACK TO THE PLAN BOARD? YEAH.
THEY MADE THE RECOMMENDATION, MADAM CHAIR FOR THE VARIANCE.
GIVEN A POSITIVE RECOMMENDATION, WE'LL HAVE TO GO BACK FOR SITE PLAN APPROVAL.
AND IF THE, UH, PLANNING BOARD WERE TO DETERMINE, NOR WE WERE TO BE DETERMINED THAT YOU, YOU'VE LOST SPACES, THEN YOU WOULD HAVE TO COME BACK HERE FOR ADDITIONAL VARIANCES.
SO IN OTHER WORDS, IF, IF SPACES ARE LOST, RIGHT? IF WE'RE LOOKING WHAT WE'RE LOOKING AT HERE, IS IT THE MOST UP TO DATE SITE? YEAH, I BELIEVE IT IS.
JESSE, WHAT KIND OF SUBMISSION? WELL, THE SUBMISSION IS UP TO DATE.
YOU KNOW WHAT DATE? IT'S RIGHT.
IT JUST NEEDS TO SHOW THE ASBUILT LOCATION OF THE WALL TO, WHICH DOESN'T IMPACT WHAT IS SHOWN TO YOU.
RIGHT? THE WALL IS BUILT IN THEIR LOCATION.
[02:45:01]
THERE'S GONNA BE A NEED FOR AN EXTENSION OF THE GUIDE RAIL, WHICH WAS NEVER REQUIRED BY THE PLANNING BOARD.APPROVED BY THE, BY THE, UM, BUILDING DEPARTMENT WHO ISSUED A CL NOW THEY'RE MAKING THIS UP.
OH, YOU'RE GONNA HAVE TO EXTEND THE GUIDE RAIL.
BUT THAT, THAT'S CONDITIONS THAT REMAIN AS THEY ARE.
IF IT EXTENDED DOWN, UH, WHICH WAY WOULD IT BE? UH, JESSE, IS IT SORT OF SOUTH, I GUESS EXTENDED FURTHER FROM SOUTH? IT DOESN'T GO THE FULL LENGTH OF THAT.
UM, UH, EAST, UH, PROPERTY LOT BEHIND THE PARKING SPACES.
IS THIS WHAT YOU'RE TALKING ABOUT? IS THIS WHAT YOU'RE TALKING ABOUT? CORRECT.
THERE THIS, YES, THIS AND THEN HERE.
THERE'S AN AREA HERE WHERE THERE'S NO GUIDE RAIL.
AND THAT WAS APPROVED BY THE BUILDING DEPARTMENT ON A CO ISSUED NOTICE.
LIKE THERE'S A PIECE OF THIS GUIDE BILL THAT'S NOT BUILT.
DOESN'T, DOESN'T THAT PLAN THAT FULL LENGTH? YEAH, BUT THAT DOESN'T CHANGE THE PARKING.
NO, IT DOESN'T CHANGE THE PARKING.
REMOVE SIDE RAIL IN THAT PORTION.
I WOULD JUST, THEN I CAN JUST TAKE THE GOTTER OFF THE PORTION THAT IT DOESN'T WASN'T, AND THAT'LL BE PART OF THE SITE FORM.
MR. SENIOR, UH, YOU SAY IN YOUR LETTER THAT, UM, THEY REQUIRE ADDITIONAL VARIANCE.
YOU ADVISE THE BOARD, WHICH WHAT YOU WERE REFERRING TO.
I MEAN, IF THEY LOSE, IF THEY EXTEND THE GUIDE RAIL, UM, AND THERE'S NOT ENOUGH ACCESS MANEUVER, THAT'S NOT TRUE.
ADDIT VARIANCE FOR WHAT? WELL, FOR ADDITIONAL CLAUSE EFFICIENT SPACES THAT YOU WOULD DO.
SO YOU, THAT GOES BACK TO YOUR ARGUMENT ABOUT LOSING SPACES.
SECOND QUESTION IS, WHERE ARE YOU
IT CERTAINLY DOESN'T LOOK LIKE RHODE ISLAND,
IT'S THE, UH, BACK OF, UH, ALL RIGHT.
I THINK WE'VE, UH, HAMMERED THIS ONE ENOUGH.
AND THE LAST CASE WE HAVE THIS EVENING IS CASE 24 13 WHITE PLAINS FOUR 50 REALTY, LLC, WHICH IS AT FOUR 50 AND FOUR 60 TERRYTOWN ROAD WHITE PLACE WITH A BUNCH OF VARIS
WHAT? WHAT DOES POSITIVE THAT'S EXACTLY, YOU GO NERVOUS.
THANK YOU AGAIN FOR HAVING US.
UH, DIEGO HILL WITH JMC, UH, THE PLANNING ENGINEERING CONSULTANT, THE APPLICANT.
UH, LC UM, THE SUBJECT PROPERTY AS YOU HAD INDICATED IS FOUR 50 AND FOUR 60 TERRYTOWN ROAD.
UH, THE PROPERTY ITSELF IS ONE LOT RIGHT NOW IT'S ABOUT 1.75 ACRES IN SIZE.
IT CONTAINS TWO BUILDINGS ON IT, ONE OF WHICH IS VACANT.
ONE'S CURRENTLY BEING RENOVATED, UH, WHICH WILL HOUSE THE, UH, NEW NISSAN DEALERSHIP THERE.
WHAT I'M HAVING TROUBLE UNDERSTAND, HEARING YOU, OH, I'M SORRY.
UM, THERE'S TWO EXISTING BUILDINGS ON THE PROPERTY.
IT'S CURRENTLY, THE SECOND ONE IS IN THE PROCESS OF BEING RENOVATED AND WILL HOUSE A NEW NISSAN DEALERSHIP.
THE SIGN'S ALREADY UP, A BUILDING PERMIT HAS BEEN ISSUED AND IT'S CURRENTLY BEING RENOVATED FOR THAT PURPOSE.
IT'S RIGHT ACROSS FROM THE, THE APPLE.
THAT WAS THE WORD I WAS MISSING.
UM, THE APPLICANT IS PROPOSING SIMPLY TO SUBDIVIDE THIS
[02:50:01]
INTO TWO LOTS.UM, THE REASON BEING, AGAIN, YOU HAVE TWO PRINCIPAL BUILDINGS ON THE LOTS, UH, FOR TRANSACTIONAL AND FINANCIAL PURPOSES, FINANCING PURPOSES, UH, IT'S BETTER TO HAVE THEM IN INDIVIDUAL LOTS, INDIVIDUAL OWNERSHIPS, AND THEY COULD BE TRAINED.
THE TRANSACTIONS COULD OCCUR ACCORDINGLY.
UM, WITH THAT BEING SAID, WE ARE PROPOSING TO SUBDIVIDE THE PROPERTY, ESSENTIALLY DRAWING A LOT LINE RIGHT DOWN THE MIDDLE.
THIS IS A, UH, PDF FILE OF THE PLAN THAT WAS SUBMITTED TO THE BOARD.
UH, THE ONLY THING I DID WAS HIGHLIGHT THE PROPERTY LINES.
UH, THE OUTER LINE IN GREEN, THAT'S THE 1.75 ACRES.
AND THEN YOU SEE THE LINE RIGHT DOWN THE MIDDLE OF THE PROPERTY HERE IN RED, WHICH ESSENTIALLY BREAKS IT APART INTO TWO ALMOST EQUAL LOTS.
UM, AS A RESULT OF THIS VARIANCES ARE CREATED.
UM, IT IS IMPORTANT TO NOTE THOUGH THAT AGAIN, THE PROPERTY AS A WHOLE, THERE WERE FOUR VARIANCES THAT WERE GRANTED FOR IT PREVIOUSLY.
UM, THOSE VARIANCES WERE FOR COVERAGE, UH, BUILDING COVERAGE, SITE COVERAGE, AS WELL AS, UM, SETBACKS, BOTH THE SIDE YARD SETBACK AND THEN THE, UH, BOTH SIDE YARD SETBACKS.
THOSE WERE EXISTING VARIANCES BY SUBDIVIDING THE LOT INTO TWO PARCELS.
WE'RE CREATING THE NEED FOR ADDITIONAL VARIANCES, SPECIFICALLY THE SIDE YARD LOT BECAUSE IT, WHEN YOU DRAW THAT LINE DIRECTLY BETWEEN THE TWO BUILDINGS, WE DON'T HAVE THE 20 FEET THAT'S REQUIRED.
AND THEN THERE'S ALSO A PROVISION WITHIN YOUR CODE THAT SAYS WE CANNOT CREATE A LOT THAT HAS NON-CONFORMANCE.
SO WE NEED A VARIANCE FROM THAT.
SO THOSE ARE THE TWO NEW, UM, VARIANCES.
AND THE OTHER FOUR THAT ARE REQUIRED FOR LOT ONE ARE ESSENTIALLY THE SAME ONES THAT WERE PREVIOUSLY GRANTED.
SO YOU HAVE, AGAIN, COVERAGE, BUILDING COVERAGE AND IMPERVIOUS COVERAGE.
YOU HAVE THE SIDE YARD, BUT NOW YOU NEED THE OTHER SIDE YARD.
AND THEN OBVIOUSLY YOU NEED THE BOTH SIDE YARDS, UH, ADDITION TO EACH OTHER AS WELL AS THE VARIANCE FROM THAT PROVISION FROM YOUR CODE.
SAME THING ON THE OTHER SIDE, EXCEPT THE OTHER ONE STILL HAS ONE LOT ONE SIDE YARD THAT'S STILL CONFORMING AND MAINTAINS THAT 20 FEET ON THE RIGHT HAND SIDE.
IT'S REALLY THE LEFT HAND SIDE.
WE NEED THE SIDE YARD VARIANCE AND THEN OBVIOUSLY FOR BOTH YARDS TOGETHER.
SO WHEN, WHILE I UNDERSTAND IT'S 11 VARIANCES THAT ARE LISTED, TECHNICALLY EIGHT OF THE 11 WERE PREVIOUSLY GRANTED.
NOW THEY'RE JUST BEING GRANTED ON THE INDIVIDUAL LOTS.
AND THERE'S TWO ADDITIONAL VARIANCES ON EACH OF THOSE LOTS.
UM, WE DID GO TO THE PLANNING BOARD FOR THIS FOR PRELIMINARY SUBDIVISION APPROVAL.
UH, WE RECEIVED A POSITIVE RECOMMENDATION TO THIS BOARD, UM, FOR THE GRANTING OF THE VARIANCES.
UH, ONCE, UH, IF THIS COURT IS IN A POSITION HOPEFULLY TO ULTIMATELY GRANT THOSE VARIANCES, WE WOULD GO BACK TO THEM AND HOPEFULLY RECEIVE, UH, PRELIMINARY SUBDIVISION APPROVAL AND COMPLETE THE PROCESS.
AT THAT TIME, UH, THERE ARE NO PHYSICAL IMPROVEMENTS PROPOSED TO THE SITE.
WE'RE NOT CREATING OTHER NONCONFORMITIES, WE ARE NOT, UM, UH, INCREASING IMPERVIOUS AREA.
IN FACT, ONE OF THE CONDITIONS OF THE PLANNING BOARD IS ADDITIONAL LANDSCAPING.
THERE WAS A PLAN THAT WAS PREPARED PREVIOUSLY WHEN THIS WHOLE AREA WAS REDEVELOPED, WHERE TO REQUIRE SOME ADDITIONAL LANDSCAPING ALONG THE FRONTAGE OF THE PROPERTY.
WHEN THESE BUILDINGS WERE OCCUPIED.
UM, OBVIOUSLY THEY HAVE NOT BEEN OCCUPIED.
NOW THE NISSAN DEALERSHIP IS GOING IN THERE.
UH, BUT THOSE LANDSCAPING IMPROVEMENTS WILL BE INSTALLED REGARDLESS OF, UH, TENANCY OF THE BUILDING.
SO THERE'S SOME LANDSCAPING IMPROVEMENTS.
SO WE'RE ACTUALLY GONNA REDUCE THE IMPERIOUS AREAS, LIKE, UM, BUT THAT'S REALLY, UH, THE GIST OF THE APPLICATION.
UM, HAPPY TO ANSWER ANY QUESTIONS THAT THE BOARD HAS.
UM, BUT WE WERE REALLY JUST TRYING TO KEEP IT AS SIMPLE OF A SUBDIVISION AS POSSIBLE.
BUT UNFORTUNATELY IT DOES CREATE SOME OF THOSE VARIANCES THAT ARE BEFORE THIS.
AND THE WHOLE PURPOSE OF THIS SUBDIVISION IS TO, YOU HAVE TWO PRINCIPAL BUILDINGS RIGHT NOW ON ONE LOT, THEREFORE IT'S ONE OWNERSHIP ENTITY THAT CONTROLS BOTH OF THOSE.
AND WHEN YOU HAVE ONE BUILDING BEING OCCUPIED AND THE OTHER ONE VACANT, IT LIMITS WHAT YOU'RE ABLE TO DO FROM A TRANSACTION PURPOSE AND FROM A FINANCING PURPOSE AS WELL.
SO IT'S REALLY JUST FOR TRANSACTIONAL AND FINANCING PURPOSE.
SO THEY MAY BE SELLING YEAH, THEY COULD SELL ONE INDIVIDUAL LOT.
NOW IT ALLOWS THEM TO KEEP THEM IN INDIVIDUAL OWNERSHIP, ESSENTIALLY.
SO IF THAT LOT, IF WE GRANT THE VARIANCES THEORETICALLY COULD BE SOLD AND THEN ANOTHER STRUCTURE CAN BE PLACED ON THERE REQUIRING MORE VARIANCES.
WELL, YEAH, THEORETICALLY YES.
BUT THEY WOULD HAVE TO MAKE AN APPLICATION
[02:55:01]
TO THIS SPORT.HOW MUCH MORE LAND TO TAKE? THERE'S NOT MUCH.
QUITE FRANKLY, IT'S, IT'S, THE BUILDINGS ARE THERE, LIKE MOVE IT BACK.
THE BUILDINGS ARE ALREADY THERE.
WE DON'T NEED A VARIANCE FOR THAT.
IT'S REALLY JUST THE, IT'S THE SIZE OF THE BUILDING.
LIKE THE SIDE YARDS WAS COMPLETELY AND BUILD, BUT THEN THEY WOULD HAVE TO BUILD A COMPLIANT BUILDING OR COME TO THIS BOARD FOR VARIANCES AT THAT TIME.
YOU ARE GRANTING, IF YOU DO CHOOSE TO GRANT THE VARIANCES FOR THE BUILDINGS THAT ARE THERE TODAY, AND ANY PERMIT THAT'S REQUIRED FOR IMPROVEMENTS WOULD OBVIOUSLY GO TO THE BUILDING DEPARTMENT FOR REVIEW FOR CONFORMANCE WITH THOSE VARIANCES.
AND IF THEY'RE PROPOSING ANY MODIFICATIONS AT THAT TIME, THEY CERTAINLY WOULD HAVE TO COME BACK TO THIS BOARD IF IT, IF IT REQUIRED AN ADDITIONAL VARIANCE.
UU USUALLY WHEN WE READ THE REQUEST FOR VARIANCES, IT SAYS IN ORDER TO DO THIS.
AND I WENT THROUGH THIS WHOLE NO, WHY ARE WE, I DID TOO.
IT SIMPLY, YOU HAVE TWO PRINCIPAL BUILDINGS ON A LOT AS OPPOSED TO A PRINCIPAL BUILDING WITH AN INDIVIDUAL ONE.
SO IT JUST ALLOWS YOU TO HAVE THOSE TWO USES.
AND AGAIN, SALE TRANSACTION FINANCING PURPOSES, IT'S REALLY INTENDED FOR THOSE.
IS THAT THE BUILDING WITH A CONFORMING SIDE YARD OR WITH THE CONFORMING THE RIGHT HAND SIDE.
THIS BUILDING, BUILDING 2, 4 50.
LOT TWO OR THE FOUR 50 BUILDING THE RIGHT SIDE IS A CONFORMING 20 FOOT SIDE YARD SENT BACK.
AND THAT'S WHERE NISSAN IS GOING.
NO, NISSAN'S GOING IN THE LEFT BUILDING.
IT'S GOING BUILD LOT ONE WHO WAS THERE BEFORE TO RELATED, IT WAS AN AUTO DEALERSHIP THEY SAID AND ALL THE DOCUMENTS A LONG TIME AGO.
IT WAS WHAT HE HE CAN'T KEEP EVERYWHERE.
I THOUGHT IT WAS A RED SERVICE CENTER.
IT WAS ALL WELL, HE BOUGHT THE WHOLE PROPERTY.
IT WAS ALL THE STORAGE OF LOTS OF BMWS IN THE BACK.
YEAH, WELL IT WAS BMWS, IT WAS THE OTHER LITTLE MINI CARS.
IT WAS THE OTHER REAL LITTLE MINI CAR THAT HE WAS ACTUALLY, HE WAS GOING TO PUT A LITTLE TRACK IN SO YOU COULD YEAH.
ON THE JAGUAR LANGUAGE, RIGHT? YEAH.
I MEAN I, IT'S GOOD THAT THERE'S SOMETHING HAPPENING THERE BECAUSE IT LOOKS PRETTY BAD.
AND I THINK THAT WAS A KIND AS WELL WE INTENTION IS TO REOCCUPY REVITALIZE THIS AND THIS IS A STEP TO ALLOW THAT TO HAPPEN.
UH, AGAIN, THE NISSAN DEALERSHIP IS MOVING FORWARD.
IT'S UNDER CONSTRUCTION OF SIGNS.
THERE PERMITS HAVE BEEN ISSUED.
IT'S REALLY A MATTER OF THAT SECOND ALL DAY.
HOW'S IT GONNA WRITE THAT DOWN?
ANYBODY OUT THERE? YEAH, WE JUST, ANYBODY IN THE AUDIENCE FOR THIS ONE? YES.
ANYONE IN THE AUDIENCE ON THIS? I WENT TO BED.
WITH THAT, WE'RE GOING TO TAKE, UM, A COMFORT BREAK AND WE WILL BE BACK SHORTLY WITH DELIBERATIONS.
WE ARE BACK AHEAD PREPARED NOW TO DELIBERATE WHAT WE, NO DELIBERATION WHAT WE'VE HEARD.
SO WE'LL GO THROUGH IT AS WE GO THROUGH IT.
THAT'S JUST WHAT A, I CALL IT
MY DAUGHTER THOUGHT IT WAS CHICK FILL.
UM, I COUNT HOW MANY VARIANCES WERE THEY UP TO? I'VE HEARD 11, 17, 14.
UM, YEAH, I WASN'T, I I MEAN THAT'S SOMETHING THAT, THAT I WASN'T FOLLOWING THE TRAIN.
THE TOWN GOES ALONG WITH, YOU KNOW, MAKING
[03:00:01]
SURE THAT THAT'S DONE WHERE THEY'RE SITUATED.IT'S HAS NOTHING TO DO WITH WHERE THAT STREAM IS.
AND IT'S CLEARLY BUILT OUT ALREADY.
LIKE THEY'RE TAKING A FIELD AND RIGHT.
I LIVED DOWN THE STREET, SO I DIDN'T KNOW WHICH WAY THE TOPOGRAPHY WENT.
WELL, YOU ARE WAY UP ON A HILL.
SO, NO, I'M TALKING ABOUT ONLY IN OUR, I'M TALKING ABOUT THAT, THAT LAND, IF YOU LOOK AT IT WHEN YOU'RE ON TERRYTOWN ROAD FROM THE FRONT OF WHERE THE CVS BUILDING IS, IT LOOKS LIKE IT'S LEVEL.
BUT THEN WHEN YOU GO AROUND THE BACK TO COUNTY CENTER ROAD, IT'S A SLOWER, IT'S A SLOWER.
I MEAN THAT'S A BIG BUILDING THEY HAVE THERE.
I DON'T THINK THE BUILDING THEY'RE PUTTING UP IS GONNA BE THAT SIZE.
IT'S DIFFERENT, BUT WHATEVER THEY'RE PUTTING UP, THEY STILL HAVE TO DO, YOU KNOW? YEAH.
SO IT'S NOT SOMETHING THAT WE HAVE ANY SAY ABOUT.
IT DOESN'T SEEM ANYTHING ABOUT IT.
I JUST DON'T SEE THE CONNECTION TO WHERE THE WATER IS.
I MEAN, THAT'S WHY I WAS MAPPING IT WHILE HE WAS TALKING.
GOT THE ADDRESS WE WE DOING TO THE MAP.
I DON'T KNOW WHERE THE WATER COMES FROM BECAUSE I THINK IT'S UNDERGROUND.
COMES LIKE AN UNDERGROUND RIVER PRACTICALLY.
I'M AT THE BOTTOM OF THE HILL AND THE TOP OF THE HILL, YOU DON'T SEE ANY WATER.
BUT WHEN IT COMES DOWN TO WHERE MY HOUSE IS, THAT WAS YOU THIS WEEK? NO, THAT WAS, SHE'S GONE ON AND ON.
SO THAT'S, THAT'S FROM MY, MY YARD TO THEM.
I'LL SHOW YOU SOME BETTER ONE.
WHY YOU AT THE TOP OF THE
AND IF YOU LOOK OVER MORE, YOU WILL SEE THERE'S ANOTHER ONE DRIVEWAY RETAINING WALL.
AND THERE'S TWO OF THEM UP THE HILL.
BUT YOU'RE SAYING THAT'S NOT RELATED TO THIS SITE? NO, IT'S, I DON'T KNOW IF THE WATER IS DOESN'T CHICK-FIL-A HAVE SOMETHING TO DO,
THAT WOULD BE, THAT WOULD BE GOOD.
THAT WOULD BE GOOD TO SIT HERE AND LISTEN.
EVERY TIME IT RAINS NOW AND WHEN IT RAINS NOW IT REALLY RAINS.
THE UH, I DON'T, I DON'T EVEN KNOW WHAT THEY CALL THAT CREEK THAT GOES THROUGH THERE, BUT IT OBVIOUSLY HAS SOME CONNECTION TO THE BRONX RIVER, BUT IT'S RUNS BACK.
SO THERE'S A HOUSE THERE THAT FOUR PEOPLE HAVE SOLD SO MANY TIMES IT'S NOT EVEN FUNNY.
EVERY TIME THAT THEY HAVE FLOTATION THAT IT'S JUST THE WAY, I DON'T KNOW IF THEY DO ANYTHING WITH THEIR BASEMENT.
EVEN MY SON WHO'S A BLOCK ON THE OTHER SIDE OF THE BLOCK, HIS, THE WATER CAME UP TO HIS BASEMENT.
SO I KNOW IT WAS A LOT OF WATER.
YOU KNOW, IT REMINDS ME OF WHAT THEY HAD IN, UM, IN, IN, IT'S A, IT IS A SPILL IN ELMS STREET AND GOING INTO LEY THAT THE, UH, CORPS OF ENGINEERS FINALLY FIXED.
OH, THOSE BUILDINGS ON THE MILL? YEAH, THOSE HOUSES EVERY TIME IT WOULD RAIN.
I MEAN THAT, IT'S THAT KIND OF THING THAT, BUT IT'S EVERYWHERE NOW.
IT'S OKLAHOMA, A HUNDRED YEAR FLOOD RAINS.
I HAD A HUNDRED YEAR ONCE 500 AND I THOUGHT THAT WAS BAD.
NOW IT'S LIKE A 200, 2 50 SOMETHING.
SO, UM, CAN YOU ANSWER THE QUESTION ABOUT THE USE VARIANCE FOR THE OUTSIDE SEATING? YES.
OH, IT IS A CLOSE, IT IS A POST CALL.
I MEAN, THERE YOU CAN ARGUE THERE IS CASE LAWS AND PARKING VARIANCES ARGUE VARIANCES TOO.
AT LEAST THERE WAS UNTIL I LOST THE CASE.
UM, IT'S A QUESTION THAT I CAN'T ANSWER
[03:05:01]
IN DELIBERATION THAT WE WOULD'VE TO ANSWER IN THE COURT OF LAW.I DON'T, SO I WOULD, I WOULD APPROACH, I WOULD ADDRESS ALL THE OTHERS.
AND THEN THAT'S STILL A QUESTION FOR YOU.
THEN WE CAN GO INTO EXECUTIVE SESSION.
SO I HAVE A QUESTION FOR YOU TONIGHT.
YOU ASKED THE QUESTION, UM, LAST MONTH,
WHEN I HAVE THIS, YOU ASKED THE QUESTION, DID YOU CONSIDER OTHER SIGHTING OF THE BUILDING ON THE SITE? AND THE ANSWER YOU GOT WAS, IT WAS DI THE LOCATION WAS DICTATED BY THE BUILDING ENVELOPE UHHUH, WHICH HAVING STUDIED ARCHITECTURE AND PLANNING AND ALL THAT, I HAD NO IDEA WHAT IT MEANT AND IT WASN'T FOLLOWED UP.
UH, I DIDN'T COME AWAY WITH THE FEELING LIKE THE ANSWER WAS YES.
THAT THEY HAD CONSIDERED ANYTHING ELSE.
UM, I DON'T REMEMBER ASKING THAT, BUT I THINK, TRUST ME IT WAS A BRILLIANT QUESTION.
NO, I THINK THE, UH, THE, THE, THE WAY, I CAN'T REMEMBER HOW, WHY I WAS SATISFIED WITH THEIR ANSWER, BUT THE BILL, WELL, THE BUILDING ENVELOPE IS LIKE IF YOU, IS WHAT'S LEFT AFTER YOU PUT IN THE PROPER SIDE YARDS TECHNICALLY, YOU KNOW, RIGHT.
THAT WHAT'S LEFT, THAT WHAT YOU CAN BUILD IN.
UM, BUT I THINK WHAT THEY WERE SAYING IS THAT THE WAY THEY SITUATED THE BUILDING WAS THE BEST POSITION FOR THEM TO ACHIEVE DOUBLE, DOUBLE DRIVE THROUGH NOT ENCROACHING ON THE WHITE PLAINS LOT.
UH, PUTTING THE, THE GARBAGE UP IN THE, YOU KNOW, WHERE IT IS AND NOT HAVING IT BE ABLE TO BE, UH, ELSEWHERE ON THE SITE.
UM, SO TO ANSWER YOUR QUESTION, SHAUNA, THE ANSWER WAS DESIGN BS IT, IT DIDN'T ANSWER ANY, ANY REAL QUESTION.
IT'S LIKE SOMETHING THAT SOMEBODY THROWS OUT AT YOU AND SAYS, WELL, I GIVE YOU ALL THESE FANCY WORDS.
IT MUST MEAN I THOUGHT THAT, BUT YOU KNOW, I ASKED WHY I'M TRYING TO BE OPEN-MINDED AND NOT BE CLOSED.
I THINK I ASKED WHY IF YOU'RE BUILDING FROM SCRATCH, CAN'T YOU BUILD A CONFORMING BUILDING OR SOMETHING? YES.
AND I THINK WHAT THEY SAID WAS THAT, OH, THOSE WERE THE EXACT WORDS BECAUSE OF THE ODD SHAPE OF THE LOT.
NO, THEIR EXACT WORDS WERE THE BUILDING ENVELOPE AND THE ODD SHAPE OF THE LOT DICTATED BY THE BUILDING ENVELOPE.
IS THAT WHAT YOU SAID? DICTATED BY THE BUILDING ENVELOPE? YES.
SO IF THEY WERE TO PUT IN WHATEVER THE REQUIREMENTS ARE, LIKE THEY BUILDING ENVELOPE WOULD BE SO SMALL THAT THEY COULDN'T ACTUALLY CONCEIVABLY BUILD WHAT THEY WANNA BUILD.
SO, BUT I DON'T KNOW BECAUSE OF THE WAY IT'S SHAPED, LIKE, YOU KNOW, THEY DON'T HAVE LIKE A TYPICAL SQUARE WHERE YOUR FRONT YARD IS HERE AND YOUR REAR YARD IS HERE.
YOU KNOW, IT'S, IT'S, UM, WELL, LET'S FACE IT, IT'S A COMPLICATED SITE.
AND I, YEAH, I MEAN I DIDN'T KNOW IF YOU TURNED IT.
IT'S ONE OF THE QUESTIONS I FORGOT TO ASK WAS THE WHITE PLAIN SITE, ACCORDING TO THIS, HAS NO ATTACHMENT TO THIS OTHER THAN A PARKING FOR THE NO, BUT THERE'S NO WALKING PATH.
THE ISSUE IS THAT THE USE IS NOT EVEN PERMITTED IN WHITE PLAINS.
LIKE, THEY COULDN'T PUT IT BECAUSE I WORK FOR WHITE PLAIN CITY.
SO IT CAN ONLY BE USED AS AN, AS A PARKING LOT WHITE, BUT MORE EMPLOYEES IT CANNOT BE USED FOR, FOR THE RESTAURANT AT ALL.
'CAUSE THERE'S, THERE'S LITERALLY THE ONLY WAY TO GET THERE IS TO GO OUT ON THE SIDEWALK AND COME BACK IN.
AND MAYBE IT WAS IN THE PREVIOUS MEETING BEFORE THAT IT WASN'T USED.
IT'S GONNA BE VERY, IT WAS GONNA BE A PATHWAY AND IT'LL BE VERY SICK.
I, I REMEMBER THAT DISCUSSION.
UM, AND WE HAVE NO SAY ABOUT WHAT GOES ON IN THIS PARKING LOT.
YOU CAN SAY IT, BUT IT'S NOT GOING TO BE HEARD
I DIDN'T KNOW WHY IT HAD TWO WAY TRAFFIC THAT JUST MADE NO SENSE TO ME IN, IN THAT REGARD.
BUT, UM, ANYWAY, THOSE WERE, WELL, WHEN FACED WITH A DESIGN CHALLENGE THAT THEY ARE FACED WITH, UM, I BELIEVE THAT THE SOLUTION IS PRETTY WELL THOUGHT OUT.
AND HAD THE INPUT OF A NUMBER OF, UM, OUTSIDE PROFESSIONALS IN OUR PLANNING DEPARTMENT WHO AREN'T THERE JUST TO SAY YES TO EVERYTHING THEY SUBMIT.
THEY SUBMITTED A SIGNIFICANT NUMBER OF GOOD DESIGN, UM, SUGGESTIONS.
[03:10:01]
MM-HMM.UM, I CAN'T SEE HOW A NINE NON-DESIGN PERSON COULD TAKE A LOOK AT THAT SITE PLAN AND COME UP WITH A LOT OF NEGATIVE COMMENTS TO GRANTED IS NOT PERFECT.
BUT WHAT IS, UM, I'M PERSONALLY MORE CONCERNED AND, AND FELT VERY HAPPY WHEN I HEARD THATA SAID THAT THE LEASE FOR 60 YEARS, UM, THAT MEANS THAT THERE'S A COMMITMENT THAT'S GOING TO BE MADE THAT'LL TAKE THAT VERY CHALLENGED SITE AND TRY TO MAKE SOMETHING OF IT THAT WOULD BE A BENEFIT TO THE COMMUNITY.
WHETHER OR NOT THE COMMUNITY FEELS THAT IT'LL BE A BENEFIT TO THEM.
AND WE'VE ALL SEEN PLENTY OF INSTANCES WHEN THE COMMUNITY IS AGAINST SOMETHING, THEY WILL MAKE IT VERY DIFFICULT, UM, FOR YOU TO TRY AND MAKE A RATIONAL, UH, ANSWER TO CERTAIN QUESTIONS.
AND THAT'S WHERE WE HAVE TO BE THE IMPARTIAL BOARD THAT TRY TO SEE THROUGH ALL OF THE, UM, NOISE LEGALESE SOMETIMES, OR NOISE JUST, OR NOISE, A LOT OF NOISE.
UM, AND FIND THOSE PIECES OF WHAT THE COMMUNITY SAY IS SAYING THAT ACTUALLY MAKES SENSE.
WE SHOULD TRY TO INCORPORATE THAT INTO, UH, EITHER OUR DECISION OR OUR SUGGESTIONS TO THE APPLICANT TO, UH, COME UP WITH, UM, A BETTER SOLUTION.
I MEAN, YOU HAVE TO LOOK UP THE POSITIVE TOO OF IT.
I MEAN IT'S IN TERMS OF ECONOMIC DEVELOPMENT, TAX REVENUE MM-HMM.
IS IT A DETRIMENT TO THE NEIGHBORHOOD OR A WELL, THAT WHEN YOU TALK ABOUT DETRIMENT TO THE NEIGHBORHOOD, YOU'RE TALKING ABOUT THE ENJOYMENT OF, OF THE JOINT PROPERTIES.
YOU'RE NOT TALKING ABOUT BENEFIT TO THE TOWN TO TAX REVENUE CORRECTLY.
IT'S CERTAINLY PRETTIER THAN THE CVS YEAH.
SO I THINK THAT ONE OF, UM, ONE OF THE THINGS THAT I LIKE ABOUT CHICK-FIL-A AND THEIR PHILOSOPHY IS THAT, UM, THEY'RE IN IT FOR THE LONG HAULS.
WELL, DOGS GET AROUND THESE DAYS.
THEY HEARD FOOD AND THEY WERE RUNNING, THEY CAN RUN.
IT'S NOT THE NEXT, THE NEXT SANDWICH YOU GET
AND WE GOT THAT LETTER FROM THE NEIGHBORHOOD GREENBURG CIVIC ASSOCIATION ABOUT THE EXTRA VARIANCES.
AND THAT'S WHAT DERAILED THAT.
AND I KNOW, I KNOW I BECOME A LINCHPIN IN THE ANSWER HERE.
I THINK THERE ARE SOME GREAT, GREAT THINGS HERE.
I KNOW THAT THE PEOPLE WHO SPOKE AND THE PEOPLE IN THE MAIN OFFICE HAVE GREAT INTENTIONS.
AND I KNOW THAT THE OWNER, WHOEVER THE FIRST OWNER IS, WILL BE INTENT.
THEY'RE NOT GONNA WORK 24 7 DAYS A WEEK THOUGH.
THEY'RE NOT, YOU KNOW, 6, 6, 6 DAYS.
BUT IT IS, THERE IS FOR ME, I THAT THE, THE, I DO SEE THE, THE TEAM WINNING OR THEY'RE NEAR.
SO, YOU KNOW, YOU'RE DOING THAT WHOLE BASKETBALL THING AT THE COUNTY CENTER AND YOU'VE GOT GAMES ENDING ALL THE TIME AND YOU'VE GOT PEOPLE COMING.
AND I THINK THIS IS, WHILE THERE MAY BE PEOPLE WALKING HERE, YOU'RE GONNA GET A LOT OF CARS.
AND I, I WORRY THAT THIS MAINTENANCE PROGRAM IS, YOU KNOW, AND THE, AND THE EMPLOYEES WILL BE RETIRED PEOPLE
[03:15:01]
AND YOUNG PEOPLE.HI, I'M A WAIT, I'M RETIRED, BUT I THINK THAT, I WORRY THAT THE METROPOLITAN MUSEUM WANTED TO PUT 500 CHAIRS ON A HUNDRED TABLES, 120 TABLES IN FRONT.
AND THEY SAID, OH, WE'LL TAKE THEM ALL IN AT SIX O'CLOCK.
AND THEY WERE HAVING A RESTAURANT OUTSIDE AND THE QUESTION WAS, WHO'S GONNA BRING THE TABLES, CHAIRS, AND TABLES IN? THEY SAID, OH, THE CLEANING GUYS.
AND YOU GET A GROUP OF TEENAGERS WHO JUST BOUGHT THEIR FOOD AND THEY'RE SITTING DOWN, ARE YOU EVEN GONNA GET HIRED MAINTENANCE PEOPLE TO TELL THEM TO LEAVE? SO NOW I'M THINKING THIS IS THE SAME SITUATION.
WHO IS GONNA TALK TO THESE DRIVERS AND SAY, HEY, DRIVE THROUGH PEOPLE.
WE'RE BACKING UP ON THE STREET.
AND YOU KNOW, WHO'S GONNA SAY, NO, YOU GOTTA LEAVE.
YOU KNOW, YOU'RE JUST, THERE'S SOMETHING ABOUT THAT SYSTEM THAT CONCERNS ME.
HOW ARE THEY GONNA GET THAT OUT? ARE THEY GONNA HAVE THEM HANDING OUT FLYERS? YOU CAN, YOU GOT SOCIAL MEDIA ABOUT THAT.
BUT THAT'S NOT EVERYBODY WHO'S, BUT IT'S A LOT.
IT'S, I MEAN, LIKE, ARE YOU MORE FANCY? I'M NOT RUNNING INTO CHICK-FIL-A LIKE, TOO OFTEN.
BUT MY SON GOES ALL THE TIME AND THEY ALL KNOW THAT GENERATION KNOWS ABOUT THE APP SITUATION, SO IT'S NOT LIKE THEY'RE GONNA NEED TO RIGHT.
BUT I'M, I'M, I, I JUST, WHAT WOULD YOU NEED THEM TO DO? I THAT'S, YOU KNOW, I, I CAME UP WITH MY ONE IDEA OUT THERE.
I CAME UP WITH MY ONE IDEA, WHICH WAS SHOT DOWN BY THE COMPANY.
UM, WELL, I MEAN, THAT COULD BE SOMETHING LIKE, LET'S SAY ONE IDEA, HAVE A, HAVE A SIGN COMES UP AND SAYS, HEY, LET'S SAY THERE REALLY IS A PROBLEM SIGN.
OR WHATEVER KIND OF SIGN YOU WANT.
YOU KNOW, THAT COULD BE SOMETHING THAT COULD BE IMPLEMENTED DOWN THE ROAD THOUGH.
IF IT'S REALLY ISSUE, I DON'T WANNA WAIT FOR PROBLEMS. YEAH.
BUT IT ALL, IT'S GONNA BE, YOU KNOW, SOMETHING THAT'S GONNA, YOU HAVE TO SEE HOW BUSY IS IT GOING TO BE? AND THERE IS ANOTHER ONE IN SCARSDALE AND THEN THERE IS ANOTHER ONE DOWN IN YONKERS.
SO I DO THINK THAT THE CENTRAL AVENUE ONE.
SO YES, THERE IS GONNA BE AN INITIAL OH YEAH, YEAH.
BUT YOU KNOW, I MEAN, IF IT'S SERIOUSLY, IT'S A PROBLEM.
THERE'S A PROBLEM IN THE TOWN.
AND IF THEY NEED TO PUT UP A DIGITAL, YOU KNOW, IF THAT'S AN OPTION OR THEN, YOU KNOW, THAT COULD BE SOMETHING THAT THE TOWN CAN INSIST ON.
I MEAN, I DID LOOK FOR THE PLAN IN THE DOCUMENT THAT WAS SUBMITTED AND IT WASN'T IN THERE THAT I COULD FIND THE TRAFFIC MANAGEMENT PLAN.
'CAUSE I, THROUGH ALL THE EXHIBITS THAT I'VE TRIED FINDING IT, I, I WILL SAY, SO IS TONIGHT THE NIGHT THAT WE WOULD MAKE, BECAUSE THERE'S ONLY FOUR OF US.
SO WHAT HAVE TO BE, SO IT'S EITHER I SAY YES OR IT GETS POSTPONED.
I KNOW THE WAY THIS PLAY GOES,
I KNOW IT WAS NOT, IT'S EASIER TO SWAY THAN ME.
I THOUGHT WHEN I, WHEN I HEARD ABOUT THE ONE IN FAIRFIELD AND HOW WELL IT WAS WORKING COMPARED TO NORWALK.
I THOUGHT THAT WAS REALLY INTERESTING.
THEY'RE DOING A NICE, WHAT THEY'RE DOING IN SCARSDALE, IT'S NOT A DRIVE THROUGH, BUT THEY ARE, IT'S NOT, THEY'RE MAKING A LOT OF IMPROVEMENTS TO THE CIRCULATION IN THE PARKING LOT.
WHICH IS, THAT WAS, THAT WAS, YOU KNOW, THAT WAS MY ONLY THING.
I, I THINK IT'S A GREAT USAGE.
I LIKE MY DEBATE IS, AND THE NOT DRIVE, THE DRIVE THROUGH ISSUE NOW.
AND I REALIZE I AM SOMEBODY WHO HAS BEEN THROUGH A DRIVE THROUGH, I THINK TWICE IN MY LIFE,
LIKE, YOU DON'T WAIT TO PULL UP TO A THING, LIKE RUN OUT, TAKE YOUR ORDER.
I'M THE TYPE OF PERSON WHO GOES TO STARBUCKS, DRIVE, YOU KNOW, PARK, AND I PARK AND WALK IN AT MCDONALD'S.
I I DON'T DRIVE THROUGH ANYTHING.
AND ONE OF THOSE PEOPLE A PICK UP, YOU KNOW, I SEE THIS, WE REMEMBER THE DELI THAT WANTED TO OPEN UP ON ONE THING AND THEY WANTED TO HAVE A DRIVE THROUGH AND WE TURNED THEM DOWN ACROSS THE STREET FROM
AND YOU WERE THE, YOU WERE THE STRONGEST PERSON SAYING NO, THERE WE, WE HAD, THAT HAD TO BE A GOOD REASON.
IT WAS A, YEAH, IT WAS A DELI.
[03:20:02]
WE DENIED THE DRIVE THROUGH AND MADE IT A THEY'VE GOTTA BE A PICKUP.RIGHT? WHAT WAS THAT? HE CAME BACK.
THAT WAS THE SAME, IT WAS ACROSS STREET.
RIGHT ACROSS THE STREET THAT WAS WERE HE'S GOTTA BE MORE PARKING WHEN THEY WANTED TO DO THAT DRIVE THROUGH.
I MEAN, YOU WOULD'VE THOUGHT IT WAS THE END OF DAY.
YOU WOULD'VE THOUGHT THAT THEY, THAT WAS ON THE CALENDAR FOR MONTH AND MONTHS AND MONTHS.
AND I MEAN, WE HAD, AND WE ULTIMATELY, AND THEY WERE OUT IN THE STREET AND THEY WOULD TURN THEM INTO A PICKUP ONLY.
WE DIDN'T GIVE THEM THE DRIVE THROUGH.
HE GOT THE DRIVE THROUGH IN THERE AND THAT HAD TO BE SUPPOSEDLY SANDWICHES THAT WERE MADE OR THIS OR THAT, OR COFFEE SOMETHING.
WELL, MY AND MIKE, THE ONE THING THAT YOU SAID THAT REALLY MADE ME CONCERNED WAS YOU'RE SAYING, YOU KNOW, THE 28 MINUTES THAT YOUR DAUGHTER WAS SAYING, IT CAN TAKE 28 MINUTES TO GET YOUR FOOD AT, AT CHICK-FIL-A AND I KNOW WHEN I WALKED IN, IT TOOK PROBABLY CLOSE TO 15.
AND THAT MEANS THIS, THIS LINE DOESN'T MOVE FAST.
THEN YOU'VE GOTTA, YOU'VE GOTTA ORDER IN ADVANCE.
YOU KNOW WHAT GETTING LINE, THE ADMIT SHE HAD ALREADY EATEN
UM, WORKING WITH, UM, COUNTY CENTER ADMINISTRATION KNOWING WHEN THE BASKETBALL GAMES ARE GOING ON.
NO, BECAUSE THIS ISN'T LIKE WHERE YOU'RE GONNA HAVE THAT'S TRUE A BUSINESS.
PEOPLE COME, PEOPLE COME, PEOPLE ARE GONNA COME.
THIS IS THE, THEY'RE THERE ABSOLUTE OPPOSITE OF THAT, WHERE IT'S LIKE, HOW DO I DEAL WITH ALL, IT'S LIKE A PRIME LOCATION.
YOU CAN'T GET BETTER THAN THIS.
NOR NOR DOES CHICK-FIL-A HOW SAVVY A PERSON THEY WILL BE MAKING THE OPERA, SELLING THIS TO.
UM, SO I THOUGHT THAT WE WERE DEALING WITH MOST, IF NOT ALL OF THE ISSUES, ONE WITH THAT TRAFFIC INTERSECTION.
THE, THAT WAS THE BIG THING FOR ME WAS THE STREET.
WHAT WAS THAT? THEY WERE WIDENING THE STREETS.
THEY GETTING, I COULDN'T FIGURE OUT WHERE THAT WAS ON A PLAN PERSONALLY, BUT I COULDN'T IT'S IN THE STREET.
YEAH, SHAUNA, YOU SAW IN THE, WAS IT LAST MONTH OR THE MONTH BEFORE WHERE I ACTUALLY ADMITTED.
AND I WAS WAITING FOR, OH, ABOUT THE LIGHT WANTED FIX LIFE, YOU KNOW, THAT I KNEW I WAS IN THE STRAIGHT AHEAD OR RIGHT LEFT TURN ONLY.
AND AT THE LIGHT WHERE I ONLY HAVE LIKE THREE SECONDS.
SO I WAS, I LEFT ENOUGH AND THE CAR IN FRONT OF ME AND I KEPT MY EYE AND MY RIGHT SIDE SIDE OF THE MIRROR TO MAKE SURE THERE WAS NO TRAFFIC ON IT.
AS SOON AS THAT LIGHT TURNED GREEN, I SHOT AROUND AND SURE ENOUGH, I JUST BARELY MADE IT TO THE LIGHT WHEN IT STARTED CHANGING.
THAT 15 SECONDS WITH LIKE TWO MINUTES OUT.
YOU SAID ASSUMED THAT, THAT YOU POLICE OFFICER CAME OUT OF NOWHERE.
OKAY, SO, UM, I, THERE IS ANOTHER ESCAPE OUT THERE.
JUST GO BACK DOWN THE STREET AND GET ON THE BRONX PARKWAY.
I PERSONALLY STILL HAVE A LOT OF RESERVATIONS REGARDING THE TRAFFIC MAINTENANCE PLAN.
AND I, AGAIN, I COULDN'T FIND IT, SO I DIDN'T SEE IT.
UM, BUT I TRUST THE THREE OF YOU AND YOU'VE BEEN HERE FOR EVERY ONE OF THE HEARINGS, SO I WILL VOTE WITH YOU.
SO THEY, THEY, THEY ADMITTED THAT NOW THEY'RE NOT GOING TO FIX THAT LIGHT.
THEY'RE GOING TO REPLACE, WE REPLACE IT UP TO THE ROAD AND BECAUSE THEY FIXED THAT LIGHT BECAUSE OF THE, AND IT BROKE.
SUDDEN FOR A COUPLE OF YEARS, AGAIN, THEY ONLY DID ANYTHING ABOUT, AND AGAIN, YOU DON'T KNOW WHAT THE TRAFFIC SIGNAL TIMING IS FOR.
IT'S WITH THE PROGRESSIONS OR WHATEVER ELSE.
I MEAN, IT GETS, IT, IT ANYTHING ON TARRYTOWN ROAD IS PART OF A PROGRESSION THAT'S COMPUTER CONTROLLED AND CHANGES PROGRAMS ALL THE TIME AND PROBABLY HAS, YOU KNOW, BIG IBM MACHINES SOMEWHERE IN ANOTHER TOWN.
THE OTHER THING THAT'S SPOKEN, LIKE THE OTHER THING THAT COMMUNITY SHOULD KNOW, SO YOU'RE THE ONE THAT I BLAME ABOUT 59TH STREET BRIDGE, THE EDCOCK BRIDGE
THERE'S AN ISSUE WITH THAT LIGHT.
THEY SHOULD GO TO THE WHITE PLAINS TRAFFIC COMMISSION.
THE WHITE PLAINS, LIKE YOU CAN GO TO THE WHITE PLAINS TRAFFIC COMMISSION.
THAT'S WHAT THEY SAID LAST TIME.
NO, THE COMMUNITY, LIKE THEY WERE SAYING, COMMUNITY GO, THEY DON'T KNOW WHERE TO GO.
LIKE THE WHITE PLAINS TRAFFIC COMMISSION MEETS ONCE A MONTH, LIKE EIGHT O'CLOCK IN THE MORNING OR SOMETHING.
[03:25:01]
GO AND YOU TELL THEM, I WOULD LIKE A STOP SIGN ON THIS STREET, LIKE THE NEXT WEEK THEY PUT THE STOP SIGN OUT ON THE STREET.THE LIGHT THAT WAS THERE TO FIX THE QUOTE PROBLEM, TO MAKE IT BRING IT FROM AN F UP TO A D
AND IT WENT THROUGH, IT WOULD STAY LONGER.
WHAT WAS GOING TO GOVERN THAT LIGHT WAS THE CROSS TRAFFIC ON WHAT'S, OR WHATEVER THE CALLED.
SO WE THINK IT'S A SIMPLE SOLUTION, BUT IT'S A LOT MORE COMPLEX.
WHITE LANES WAS SUPPOSED TO BE THE ONE IN CHARGE AND PREPARED.
WE ARE VERY TIRED PEOPLE AROUND US.
SO WE'RE WE GOT, WE'VE GOT VERY RETIRED PEOPLE AROUND US.
OH, ARE WE READY TO VOTE? YEAH.
DID SHE, IS SHE'S, I, DID SHE VOTE WITH US? SO IT'S, I VOTED.
UM, OBVIOUSLY THIS IS SOMETHING THAT WE CAN LINE UP.
SO THIS IS, UM, ARE WE PUTTING ANY CONDITIONS ON IT UNTIL
WE HAVE ANSWERS TO YOUR QUESTIONS.
SO IT'S HARD TO BE LIKE, I KNOW WHAT I'M SAYING.
THEY MUST BE, WE'RE WE GONNA KEEP IT OPEN FOR ALL PURPOSES SO THAT YOU CAN ANSWER THEM? NEXT JULY IS ANOTHER MONTH.
APPENDIX CI SAID E BEFORE IS APPENDIX C OF THE FEBRUARY SUBMISSION AERIAL IMAGE.
THIS IS MY APPENDIX C OF THE FEBRUARY SUBMISSION.
SO NOW I JUST HOLD WHAT THE OTHER PEOPLE IN THIS ROOM AND THIS IS MY APPENDIX.
SO FOR YOUR KNOW WHERE I LIVE.
OH, HERE'S THIS APPENDIX TAPE.
YEAH, NO, THAT'S NOT IT EITHER.
IT WAS A LITTLE, UH, IT WAS VERY UNCOMFORTABLE TONIGHT.
JUST SO YOU, TONIGHT IT WAS VERY UNCOMFORTABLE.
WELL, WE HAD SOMEBODY YELLING AT, WELL, BECAUSE WE WERE IN THIS LITTLE ROOM.
YEAH, YOU DON'T, YOU'RE NOT HIGH UP ON THE RIGHT.
LOOKING DOWN ON THE, LIKE STARING YOU RIGHT IN YOUR FACE.
ALRIGHT, SO WE'LL GOOD FOR DECISION.
JUST REMEMBER I WENT ALONG WITH YOU GUYS ONCE.
AND, ALRIGHT, CARRIE, TWO ISSUES, SHOOTINGS.
WELL, THE FIRST ISSUE I GOT IS I STILL SEE THIS PLACE AS BEING ABANDONED.
BUT YOU DO OR DO NOT? THAT'S THE FIRST ISSUE.
YOU SEE IT AS ABANDONED? YEAH, I DO AS WELL.
I CLEAR AS DAY ONLY BECAUSE WE HAVE ALL THESE PEOPLE WHO LIVE IN THE AREA COMING IN AND SAYING IT.
I REMEMBER IT LOOKED LIKE CRAP.
BUT IT'S NOT JUST THE WATER, IT'S NOT THE LOOK, IT'S THE, LIKE THEY, THERE WAS NO, THEY MOVED OUT.
LIKE I WATCHED THEM EMPTY THE FACILITY.
SO THEN DO WE DO THE OTHER? SO NOW WE HAVE TO LOOK AT THE ALTERNATIVE, WHICH IS DO WE RIGHT, DO WE GIVE THEM THE VARIANCE? VARIANCE? I WOULD DO I VOTE FOR THAT FOR THE OUTDOOR STORAGE.
UM, A NO
UM, I THINK IT'S ACTUALLY PRETTY TO HAVE PATIO FURNITURE OUT.
IT DIDN'T THAT PRETTY, I HAVE TO BE HONEST, IT REALLY DIDN'T LOOK THAT.
I HAS NEVER, EVER, EVER, NO, NO.
SAID WHY DO THEY HAVE THAT OUT THERE? I DON'T UNDERSTAND WHY THEY CAN'T JUST STORE STUFF INSIDE THE PRIMARY.
I REMEMBER LOOKING AT BUSINESSES ONLINE ESPECIALLY, THEY'RE SAYING THAT BECAUSE THEY'RE USING IT FOR ADVERTISEMENT.
EVERYBODY, THEY ONLY HAVE NINE PARKING SPACES AND THEY ONLY HAVE ONE EMPLOYEE.
[03:30:01]
YOU'VE GOT PEOPLE REALLY COMING IN TO BUY.SO THAT'S THEIR ADVERTISEMENT TO GET YOUR INTO YOUR HEAD THAT, YOU KNOW.
SO I, I BOUGHT, I THINK I SAID THIS, I BOUGHT MY TE FURNITURE FROM PATIO.COM MUST BE 12 YEARS AGO.
AND THEY HAD A LITTLE BIT OF OUTDOOR, UH, UM, DISPLAY RIGHT IN THE FRONT, BUT THAT WASN'T WHAT WASN'T MUCH TO IT.
AND WHAT WE PURCHASED, WE SAW IT INSIDE, WE LIKED IT AND WE BOUGHT IT AND WE HAD TO WAIT WHILE WE SHOOT.
SO THEREFORE THEY DON'T HAVE TO HAVE IT OUTSIDE OF EXACTLY.
SEE, 24 YEARS AGO I BOUGHT SOMETHING AND I WAS LIKE, I, I KNEW I NEEDED, I DIDN'T KNOW WHERE TO GO AND I DROPPED, I FEEL UP MAYBE THEY GOT IT AND I WENT, WE WENT IN AND THEY HAD A UNIQUE ITEM THAT I NEEDED A SIZE TABLE THAT NOBODY ELSE COULD HAVE.
WAS IT OUTSIDE? IT WAS IN YEAR 2000.
WHAT WAS IT? OUTSIDE OR INSIDE? WELL, BECAUSE I SAW THE FURNITURE OUTSIDE, I KNEW TO GO IN, BUT NOW THEY NEED TO TALK ABOUT MORE THAN JUST FURNITURE.
THEY'RE TALKING ABOUT FENCING.
THEY'RE TALKING ABOUT, AND LET ME JUST SAY SOMETHING.
IF THEY SAY THE GUY DOESN'T REALLY WANT, WANNA PUT PATIO DARK COMRAD, HE WANTS TO SELL IT OR LEASE IT TO THE SWING SET OR WHATEVER, THERE'S GONNA BE GIANT SWING SETS.
WE'RE NOT SAYING YOU CAN STORE THIS LIKE PRETTY PATIO TABLES.
LIKE WE'RE LETTING THEM STORE MATERIAL OUT THERE AND I JUST DON'T THINK IT'S NICE AND WE'RE TAKING THIS GUY'S WORD THAT THEY WOULD NOT BE SUCCESSFUL IF WE DON'T GRANT THEM.
THEY'RE ONLINE LIKE EVERYBODY ELSE IN THE WORLD.
I I, I DIDN'T BUY, I AM NOT AN ONLINE SHOPPER.
SO I WELL DON'T SEE THAT THE MOST OF THE WORLD IS YOU CAN GO THERE THEN AND SEE THE FURNITURE INDOORS.
AND A LOT OF WHAT PEOPLE DO IS THEY GO IN AND SEE IT AND THEN THEY BUY IT ONLINE.
THEY, I MEAN THAT'S WHAT BEST BUY'S WHOLE PROBLEM WITH THEIR MODEL IS PEOPLE ARE GOING TO BEST BUY TO FIND THE PRODUCTS AND THEN THEY BUY 'EM SOME SOMEWHERE ON AMAZON OR CHEAPER.
UM, I JUST, IT WAS ALL, I THINK A LOT OF IT HAD TO DO WITH COVID.
I REALLY DO YOU HAVE ENOUGH, DO YOU HAVE ENOUGH TO OVERTURN OR IGNORE THEIR ARGUMENT THAT THEY KNOW THEIR BUSINESS AND THEIR BUSINESS IS SUCH THAT THEY NEED OUTDOOR STORAGE TO ATTRACT PEOPLE.
JUST LIKE, UH, SHANA WAS SAYING, I THOUGHT THAT IT WAS KIND OF LIKE A TRADEMARK FROM THE, THE THE OWNER OF SEARS THAT YOU HAVE TO HAVE SOMETHING THAT PEOPLE CAN SEE THAT'S SPEAKS THAT'S HOW IT CAME ACROSS TO ME.
YEAH, I MEAN HE IS THE OPEN STORE.
NO, NO, I'M TALKING ABOUT PATIO.COM.
ISN'T HE THE OWNER OF PATIO DO COM? NO, HE'S JUST THE, HE IS FRANCHISEE DENY SOMETHING.
I HATE TO SAY I DON'T LIKE THE IDEA, IDEA OF OUTDOOR STORAGE.
WELL, PERMITTING OUTDOOR STORAGE.
THE QUESTION IS, WHICH I RAISED WITH THE LIZ UP AND DOWN ONE, UH, CENTRAL AVENUE.
HOW MANY, ARE THERE ANY OTHER BUSINESSES THAT HAVE I CAN PICK ONE.
OH, THE CAR WASHES THAT HAVE THE CARS OUTSIDE AND THE WAVING FOR OFF WHEN FOR OFF WAS DOWN AT JACKSON.
OUTSIDE THERE IN GREENHOUSES TOWARDS THE FACT THEY HAVE ANCILLARY ITEMS FOR OFF USED TO HAVE SOMETHING RIGHT AT THE CORNER OF JACKSON AVENUE.
IT'S YEAH, BUT THAT'S RIGHT THERE.
THEY JUST HAVE SOMETHING OUT FOR A, UH, THE AREA.
SO SOMETHING THE YONKERS NEEDS THE AREA BY DEFINITION, BUT THEY, THEIR MODEL IS THEY HAVE SALARY.
OH, WELL, BUT SO THAT'S, THAT'S NOT IN FAVOR THIS APPLICATION.
I'M JUST SAYING, AND I'M NOT TRYING TO BE, HOW MANY, IF ANY PLACES ARE THERE ON CENTRAL AVENUE THAT HAVE, THAT ACTUALLY HAVE OUTDOOR STORAGE AND DISPLAY OF INVENTORY AND EVERY CAR DEALERSHIP SILENCE FRONT YARD.
I THINK THAT'S, YEAH, THAT'S WHAT PLANNING IS ASKING.
WHAT THEY ASKING YARD? OH YEAH.
[03:35:01]
SIDE PATIO, FRONT SIDE.IT'S JUST ON THE SIDE PATIO HERE.
SO THEY'RE NOT LIMITING IT TO WELL, THEY WANT THE WHOLE FRONT SIDE PULL SITE LIKE THIS.
I MEAN I GUESS YOU COULD SAY NOTHING, BE A CHANGE TO THE CHARACTER BECAUSE THAT'S WHAT'S BEEN THERE.
AND THEY STILL HAVE, LIKE YOU SAID, THERE'S STILL STUFF BEING STORED IN THE BACK, YOU KNOW, LIKE LEFT OVER.
SO YOU'RE SAYING THEY DIDN'T ABANDON THE OUTDOOR STORE? NO, I DON'T BELIEVE THAT THOUGH.
SO I MEAN, I SEE, SO YOU DISREGARD, SO THEN YOU DISREGARD THAT.
AND YOU SAY THEY ABANDONED IT.
SO NOW THE QUESTION BECOMES THE TYPICAL FIVE.
AND THEN DON'T FORGET THE PARKING, YOU KNOW, THAT'S NEXT.
THAT PARKING, I DON'T HONESTLY DON'T CARE ABOUT.
I DON'T GRANT THE PARKING AND IDEA.
I HAVE NO ISSUE WITH THE PARKING.
I'M SAYING EVERYTHING YOU, I'M SAYING.
UM, WHAT, WHAT GOT ME WAS MR. STEINMAN SAYING THAT, UM, BECAUSE THE FURNITURE WAS BEING STORED OUTDOORS FOR THE LAST HOW MANY YEARS, REGARDLESS OF THE CONDITION OF IT, IT MEANT THAT IT WASN'T ABANDONED.
RIGHT? WELL, IT WASN'T, IT WAS GARBAGE.
BUT IT WAS IN, IT WAS, IT WAS ALL THE PRODUCTS OF THE STORE WERE STILL ON SITE.
WHO KNOWS IF THOSE PROBLEMS SELL? IT WAS ALL OF THE STUFF THAT THEY DIDN'T, THAT WAS STILL MADE PUT IN THE GREENWICH STORE THAT THEY DIDN'T TAKE AND MOVE.
THEY LEFT THE JUNK THAT THEY KNEW NOBODY WANTED TO BUY
AND, AND SO THAT WAS LIKE A, I'M SORRY TO SAY A SMACK IN MY CASE, TO BASICALLY SAY THAT BECAUSE THAT JUNK WAS LEFT THERE THAT CONSTITUTED NON-A ABANDONMENT RIGHT.
TO GOD BELIEVE THEY PAID THEIR RENT.
THEY PAID, THEY PAID ALL THEIR BILLS DURING THAT TIME PERIOD.
IT KEPT USING ALL THE BILLS WERE PAID.
IF YOU WERE ABANDONED IT, YOU WOULDN'T HAVE PAID ALL THE BILLS.
THEY PAID THE RENT, THEY PAID THE ELECTRIC, THEY PAID ALL ANYTHING ELSE.
I THINK THEY FORGOT ABOUT THE FACT THAT THEY COULDN'T, THAT THEY HAD TO HAVE THE WATER USAGE OR WHATEVER.
AND THEN THEY WENT TO GO, YOU KNOW, WE SAID, AND YOU WERE LIKE, OH, BY THE WAY, IT'S BEEN ABANDONED.
THEY STILL WERE PAYING THE RENT.
WHAT MEAN IT'S STILL UNDER PATIO.COM.
SO WHO KNOW WHO OUR, OUR, OUR WAR METER HASN'T BEEN WORKING.
THAT'S WHY THERE'S BEEN NOTHING SHOWN.
BUT IT SHOWED WHEN IT WAS WORKING AND WHEN IT WASN'T WORKING.
OTHERWISE I WAS GONNA SAY, WELL, LET'S WAIT UNTIL WHEN THEY COME ACTUALLY LOOK AT THIS.
I KNOW, I THOUGHT ABOUT THAT TOO, BUT WELL THEN I THINK THAT'S WHAT THEY WERE ASKING ME.
ELIZABETH SHOW WHERE WATER METER IS WORKING JUST FINE, RIGHT? MM-HMM.
BUT IF IT'S C AND YOU HAVE A SHOWROOM AND THERE'S NO ONE, NO ONE CAN COME TO IT.
WHY WOULD YOU LEAVE STUFF? YOU CAN'T LEAVE STUFF THERE.
IT DOESN'T MEAN YOU WANNA BE OUT OF BUSINESS.
BUT THEN OUTTA COVID,
BUT THAT WAS FOR THE PRECEDING THREE MONTHS.
SO THAT'S PROBABLY, THEY WEREN'T THERE MOVING EVERYTHING OUT.
I SAID THEY HAD, IT DOES NOT TAKE THAT LONG TO PAINT SOMETHING THAT HAS NOTHING INSIDE
THERE WAS NO MENTION OF LEAKS OR PROBLEMS OR FIXING OR CHANGES OR, SO THEY'RE NEVER GONNA, WE'RE NEVER GONNA GET FOUR VOTES SAYING THAT THEY DIDN'T GO, THEY DIDN'T CLOSE.
THE QUESTION IS, DO WE HAVE FOUR VOTES TO DENY, DENY WHAT? ON THE SECOND PART? YEAH, THE VARIANCE.
WELL, I'M IN FAVOR OF THE VARIANCE.
I THINK WE HAVE TWO AT LEAST
YEAH, NO, I UNDERSTAND THAT QUESTION.
I'M ASKING YOU, WE HAVE FOUR, I MEAN, YOU CAN GO ONE OF TWO WAYS.
TECHNICALLY SPEAKING, ANYTHING LESS THAN FOUR IS A DENIAL.
[03:40:02]
RIGHT.YOU DON'T HAVE FINDING ON BOTH THE OUTDOOR STORAGE NO, NO DISPLAY ON ANYTHING.
ANYTHING LESS THAN FOUR IS DENIAL.
SO THEY, THEY MOVE FROM, BUT YOU DON'T HAVE, IT'S LIKE A, IT'S NOT LIKE A CRIMINAL CASE WHERE YOU NEED, UH, ALL YOU NEED IS ONE TO HANG A JURY.
TO DENY THE VARIANCE, YOU KNOW.
BUT IF YOU, IF YOU HAVE, IF YOU HAVE LESS THAN FOUR TONIGHT TO DENY, THEN THE PROPER THING TO DO WOULD BE TO ADJOURN THIS UNTIL SOMEBODY ELSE COMES AND SEE IF, SEE IF YOU GET YOUR FORM.
I MEAN, EVE, USUALLY WHEN SHE KNOWS THERE'S ONLY FOUR OF YOU SAYS TO THE APPLICANT, WELL, YOU CAN JUST GONNA PUT IT OVER.
AND BY NOT STATING THAT THIS ONE IS THAT SOMETHING WRONG? NO, NOTHING IS WRONG.
SO, BUT THE RESULT WOULD'VE BEEN PUTTING IT OVER INSTEAD OF POSSIBLY, WHAT IS YOUR VOTE? THE DECIDING IT TO NOT FOR THE, UH, GIVING THEM A VARIANCE.
AND I DON'T KNOW, I I DON'T KNOW HOW THAT CONTRIBUTES TO THAT NEIGHBORHOOD IN ANY WAY, TO BE HONEST.
ESPECIALLY FROM WHAT I LOOK IN THE YEAH.
WHAT I LOOK IN THE PICTURE THAT THEY HAD.
NO, I'M SAYING WITH THE, WITH THE LANDSCAPE PLAN AND EVERYTHING ELSE, IT DOESN'T HAVE TO CONTRIBUTE TO THE NEIGHBORHOOD IN A POSITIVE WAY.
IT CONTRIBUTES IN A NEGATIVE WAY.
IT HAS BEEN AN EYESORE EVEN WHEN IT WAS OPEN.
AND CLEARLY I ALWAYS WONDERED WHY IT WAS THERE.
WELL, YOU CAN TELL TWO PEOPLE, TWO OUT OF FOUR OF US BOUGHT STUFF THERE.
SO OBVIOUSLY IT SERVED ITS PURPOSE.
IT'S ALWAYS BEEN A NICE SCHOOL THOUGH.
ALRIGHT, SO WE DON'T HAVE THE VOTES.
SO WHAT I ADMIT IT, WHEN I LOSE ANYTHING, THEY'RE, THEY'RE DONE.
NO, YOU HAVE THE VOTES TO DENY, DENY DENY THE DENY APPEAL.
THE APPEAL ON THE ISSUE OF ABANDONMENT.
YOU HAVE THE VOTES TO GRANT THE PARKING VARIANCE.
ALTHOUGH, I DON'T KNOW, WE DIDN'T GET TO THAT PARKING.
WHAT I THOUGHT YOU ALL SAID, WE HAVE NO PROBLEM WITH PARKING.
WE HAVE NO PROBLEM WITH THE PARKING.
NOW ONLY GOT ONE PERSON WORKING IN STORE.
I DON'T HAVE A PROBLEM WITH ANY OF IT.
BUT WHAT, OKAY, SO THEY GET THE PARKING VARIANCE, BUT NOT THE, THEN THERE'S A DEFAULT DENIAL FOR THE OUTDOOR DISPLAY.
OR YOU PUT IT, OR YOU HOLD THAT OR YOU, YOU, YOU, YOU BUY FOR THE, UH, APPLICATION AND YOU SAY, WE'RE DECIDING THIS TONIGHT ON THE ABANDONMENT ISSUE AND THE PARKING VARIANCE, THE, UH, VARIANCE FOR OUTDOOR STORAGE, WE'RE PUTTING OVER THOSE NEXT ONE.
SO, SO IN HOPES THAT OH, WE USE IT ALL THE TIME.
SO IN HOPES THAT, THAT, OH, THAT'S THE ONLY WAY WE CAN DENY THE, WE CAN MOVE ALONG THE REST OF IT.
OR JUST HOLD EVERY, OR YOU COULD HOLD EVERYTHING.
WE DENY THE, UM, THE APPEAL OF BUILDING INSPECTORS.
THEN WE DON'T HAVE TO PLAY AROUND WITH THE WATER FOUNTAIN.
YEAH, LET'S DENY THAT AND THEN, AND THEN WE CAN HOLD OFF.
DO YOU AGREE WITH THAT? EVEN IF I, THERE'S NO FOUR.
THE POINT IS, IF YOU DON'T GET FOUR VOTES TO UPHOLD IT, IT, IT GETS DENIED ANYWAY.
YOU MORE VOTES TO UPHOLD THE APPEAL AND THAT YOU DON'T, WE DON'T HAVE, RIGHT.
SO THE THE REAL QUESTION IS DO YOU WANT TO TURN THE WHOLE THING FOR ALL PURPOSES? NO, GET RID OF THE I DON'T WANNA HEAR ABOUT THE WATER AGAIN.
WE ALL AGREE ON THAT BECAUSE THAT WAS HIS BIG THING.
SO IS THE APPEALS DENIED VARIANCES ARE PUT OVER FOR PURPOSE OF
[03:45:01]
TURN FOR PURPOSES? WELL, YOU CAN SAY THAT THE PARKING WAS GRANTED, BUT THE OTHER ONE'S HELD OVER.CAN WE DO THAT? DOESN'T MAKE ANY DIFFERENCE.
JUST SO THEY JUST, SO WHO KNOWS? THEY, THEY'RE WATCHING.
YOU NEVER KNEW THAT
WHEN YOU USE THE WORD STORAGE OUTSIDE STORAGE, YEAH.
I MEAN, I DON'T THINK IT'S GONNA BE BOXES OF STUFF OUT THERE, BUT IT CAN BE BECAUSE THERE'S NO, THE ZONING BOARD.
IF THEY CHANGE THE WORDS TO DISPLAY, WOULD YOU HAVE A DIFFERENT VIEW? IT DOESN'T QUALIFY.
IT COULD BE, IT COULD BE PILES OF MANURE.
THAT WOULD, SO ACTUALLY, DO YOU ON THAT DISPLAY OR JUST STORAGE OF YOU HAD WHAT? I'M SORRY? ARE WE APPROVING THE PARKING TONIGHT OR NOT? NO.
THEY HAD OLD FURNITURE RIGHT IN THAT AREA FOR THE LAST COUPLE OF YEARS.
ANTIQUE CALL DISPLAY PREVIOUSLY OWNED ANTIQUE.
SO WHAT WAS THE, OH, THAT WAS A NO BRAINER.
WHAT WAS THE FINAL OUTCOME? DENYING DENIED ANY APPEAL OF THE VARIANCES OR RETURN PAROLE FOR BOTH VARIANCE.
THEY WEREN'T POINT FOR VARIANCE TO PERMIT STORAGE IN ANY PARTICULAR YARD.
THE YARD WASN'T, IT DIDN'T SPECIFY.
ARE WE HOLDING IT OVER JUST FOR DECISION? NO, NO.
THAT'S A GOOD, THAT'S A GOOD, YES.
THAT WAS A REALLY BASIC, OKAY.
THAT WAS ONE THAT WAS 97 SECONDS.
THE DELIBERATION SHOULD BE LESS
UM, SO NORTH ROAD, I'M JUST GONNA SAY WE ARE AJOUR CALL PURPOSES.
OH, THIS IS THE ONE WHO DIDN'T GET THE, THE, UM, THE WATER.
WHAT DID YOU JUST SAY? I SAID 1 54 NORTH ROAD.
WE DIDN'T, THAT WAS A REALLY, YEAH, WE WENT THROUGH THAT.
THE NEXT ONE MAY BE THE SAME AMOUNT OF TIME.
NO, I'M NOT, NO, I CAN'T DO THE NEXT, WELL, I CAN'T DO THE 24 11 THE SAME WAY I MIGHT WRITE IT NOW.
WE ALREADY TOLD THEM WE WERE GONNA SEND THEM A LETTER TELLING THEM WHAT THEY NEED TO DO.
NO, THIS IS, SO FAR, THIS ONE IS THE ONLY ONE THAT WAS APPROVED.
OH, CHICK-FIL-A IS APPROVED, RIGHT? NO, THIS IS CLOSE THE DECISION ON.
10 10 WOULD LIKE, GRANTED, THEY'RE, THEY'RE FIGHTING OVER IT.
LET THEM YOU WANNA WRITE 24 TENANTS A EASY ONE? NO PROBLEM.
WILLIAM TAUGHT ME HOW TO DO 'EM QUICKLY.
WHAT HAPPENED TO 24 11 DURING, FOR ALL PURPOSES, REMEMBER WE'RE GONNA SEND THEM A LETTER TO TELL THEM WHAT WE WANT.
I WANT THEM TO REDUCE THE POWER.
OH, LOOK AT THAT WONDER WATER AND EVERYTHING.
ALL THESE NEW HOMES THAT PEOPLE BUILD.
THEN WHEN THEY BUILT THOSE OUNCES UP THERE WHERE YOU ARE NOT YOURS, BECAUSE YOURS WAS LATER.
IT WAS GUTTER AND THE WATER JUST WENT DOWN THE HILL.
OH, I HAD TO PUT IN MY OWN, UM, YEAH, YOU DID DRAINAGE.
IF I PUT IN DRAINAGE, I'D HAVE A RIVER AND, AND YOU, WELL, MAYBE A LAKE BABBLING BROOK, BUT MAYBE, NO, MAYBE A LAKE.
ACTUALLY, I DO HAVE A BABBLING BOOK
[03:50:01]
FROM YOUR PROPERTIES ABOVE YOU.THIS IS THE ONE THAT CHRISTINE'S GONNA DO.
OH, YOU WANT ME, WE DIDN'T, WE NEED TO VOTE THAT.
THIS IS THE, THE DAYCARE, THE SCHOOL, THE DAYCARE CENTER.
WHY YOU WANNA CLOSE FIVE FOR DECISION NOTICE? FIVE? WHAT YOU MEAN FIVE? I'M SORRY.
WHY IS YOUR DECISION ONLY PREPARED? WRITE FINDING WHAT YOU PREPARED TO DO.
FINDINGS I WAS GONNA DO WAS GONNA DO TONIGHT.
NO, I WASN'T GONNA DO TONIGHT.
I WAS GONNA DO 'EM LIKE AT MY LEISURE OVER.
WELL, YOU'LL HAVE 'EM TOMORROW.
WE'LL JUST READ THE TOP PARAGRAPH.
I GOT SHARE CLOSE BECAUSE WE'LL READ QUICKLY.
TRYING TO FIGURE OUT WHICH WAS IT.
THIS WAS DIVIDING UP THE NO, THEY'RE DIVIDING UP.
BUT I'M TRYING TO FIGURE OUT WHICH, WHICH OF THESE VARIANCES AM I, I'M GONNA GET THIS BACK.
THEY SHOWED NO REAL NEED TO DO THIS.
THIS WAS LIKE, THIS WAS SO IT EASIER TO GET FINANCING.
AND THE ONLY REASON I FEEL THAT WAY IS BECAUSE G WHEN, UH, WHAT'S HIS FACE BROUGHT UP ALL THAT PROPERTY AND WAS GOING, AND WE SPENT SO MUCH TIME GIVING HIM EVERYTHING THAT HE WANTED, WHOSE FACE, AND THEN THEY, YOU KNOW, BECAUSE THEY WERE GONNA LEAVE THE BUILDING.
THERE WAS A BUILDING THERE THAT SAT BACK AND THEY SAID, WE DON'T LIKE BUILDINGS BEING RIGHT ON THE, ON THE ROAD LINE.
AND THEY ENDED UP TEARING IT DOWN BECAUSE THEY SAID FOR SOME REASON IT HAD TO BE, AND THEN PUT IT RIGHT ON THE LINE IN PERPETUITY.
WE CREATE THIS, THESE TWO, TWO LOTS THAT ARE SUBZERO THAT HAVE NO SPACE.
YOU CAN'T EVEN BUILD ANYTHING.
YOU'VE GOT LIKE EIGHT OR NINE FEET ON EACH SIDE ON, SO DON'T, BUT IT'S ALL, IT'S, IT'S CO COMMERCIAL BUILT UP.
IT'S TO LET HIM RENT IT, LET HIM RENT IT OUT TO SOMEBODY, LET HIM FIX IT UP OR SOMETHING.
I SEE NO REASON THEY'RE TRYING TO, THEY DID, THEY'RE TRYING TO GET MONEY AND SAYING, WELL, WE DON'T OWN THAT PARCEL, SO WE ARE FIXING THIS ONE UP, SO THEREFORE WE'RE GONNA GET WHATEVER WE NEED, FINANCING AND WHATEVER.
I'M, I AM NOT IN FAVOR OF THAT ONE AT ALL.
I, I NEED, WE PRESENTED NO COMPELLING REASON TO DO IT.
WELL, IT HELPS WITH FINANCING.
SO THAT'S NOT MY, THAT'S NOT AN ISSUE.
THAT ISN'T A REASON TO DO THIS.
AND IS THAT A REASON ENOUGH TO DENY IT? YEAH.
AND IT DOESN'T, THERE'S NO, HE HAS TO SAY WHY HE IS DOING.
IT'S, I HAVE TO ASK ED THEN HE DOESN'T HAVE TO SAY, I DON'T SEE ANY BENEFIT.
I SEE DETRIMENT TO THE COMMUNITY.
I, I, BECAUSE THE AREA THAT WAS 20 FEET WIDE, THAT ONE PERSON COULD PUT SOMETHING IN PLANT STREET, WHATEVER, NOW CAN'T, BECAUSE NOW IT'S DIVIDED IN HALF.
THEY CAN, AND YOU CREATE BECAUSE IT GOES ALL THE WAY BACK AND THEY COME IN EVEN FROM THE BACK STREET.
THERE WAS SOME USE THAT COULD BE MADE IF IT'S YELLOW, NO, FROM, UM, WHAT DO YOU CALL IT? YEAH, I, YEAH, SORRY, I'M NOT BENDING ON THAT ONE.
NOTHING COMPELLING TO ME ON THIS.
SO ADJOURN FOR, WAIT, DID YOU HAVE AN ISSUE WITH THAT ONE TOO? YOU WANNA MOUTH? NO.
I MEAN, I DIDN'T LIKE IT, BUT I HAVE AN ISSUE WITH IT.
JUST WASN'T BECAUSE SOMEBODY'S GONNA, AN SOMEBODY EVENTUALLY IS GONNA BE IN THERE WAS A GOOD IDEA.
THIS WHOLE, THIS WHOLE APPLICATION.
LIKE I, LIKE I SAID IN THE BEGINNING, I WENT THROUGH THIS WHOLE PACKAGE BEFORE I OH.
HAD AN UNDERSTANDING OF WHY THEY'RE DOING IT.
OH, AND YOU JUST EXPLAINED IT.
IT IS JUST SO THAT THEY CAN DIVIDE IT INTO TWO AND THEN ONLY HAVE HALF OF THE, AND THAT SATISFIES HIM, BUT NOT YOU, WHICH IS NOTHING WRONG.
WE THOUGHT YOU WERE A YES ON THIS ONE.
SO IT WAS, THERE'S ALSO THE ISSUE
[03:55:01]
THAT LAST VARIANCE ABOUT SOME PROVISION THAT CREATES NOT FORMAT.I'M NOT SURE IT'S BIG AN ISSUE ON THIS CASE, BUT I JUST GOT FINISHED SUBMITTING A BRIEF ON MONDAY IN THE GUEST CASE, WHICH DID TURN ON THAT.
SO DID WE WIN? WELL, WE WON IN THE LOWER COURT AND I EXPECT, I'M NOT GONNA SAY IT.
YOU'RE WAITING FOR AN ANSWER ON THE NEXT COURT.
I JUST WENT IN THE BRIEF THIS WEEK.
SO IT'LL BE ANOTHER YEAR AND A HALF BEFORE WE GET THE DECISION.
THE POINT IS, SOMEBODY COULD RIP DOWN THE BUILDING, THE BUILDING THAT'S THERE.
AND NOW THEY STILL HAVE THESE VARI THEY ALREADY HAVE FOUR VARIANCES ON EACH SITE.
SOMEBODY CAN BUILD UP SOMETHING TO THOSE.
WELL, THEY RIP DOWN THE BUILDING.
THE NEW BUILDING HAS TO CONFORM.
RIGHT? WELL, THEY'LL, THEY'LL LEAVE UP AQUA, YOU KNOW, THEY WON'T RIP IT ALL DOWN
SO, WELL, THEY STILL HAVE THE OLD STORE.
THEY, THEY DIDN'T GET FOUR IN FAVOR OF IT.
THEY STILL HAVE A STORE, A STORE THERE.
TWO STORY BUILDING OR IS STILL EMPTY.
I DON'T KNOW WHAT TINY LITTLE BUILDING.
SORRY, I, ME NEXT TO THESE, NEXT TO THE CAR.
WE'RE GONNA SAY THESE CAR, THE CAR THINGS LOOK LIKE CASE.
WE HAVE A QUESTION ABOUT WHATEVER.
MAYBE PATTY WANNA GO? WE SHOULD GOUR IT FOR PERFECT PLACE.
WHAT WAS THIS ONE? NOW WE HAVE TO GO BACK ON.
IS ANYBODY STILL HERE? JARED, GONE.
IS SOMEBODY LISTENING RIGHT NOW? OH WAIT, YEAH.
CAN WE JUST ANNOUNCE IT FROM HERE? NO, WE ARE, I MEAN WE GO BACK ON.
WHICH ONE TO, TO SPLIT THE UH, YEAH, THAT WAS ADJOURNED.
SO WE'RE GRANTING ONE TONIGHT.
WE'LL HAVE TO GIVE YOU THE SECRET.
THE TWO OF THEM WERE, WERE GRANTED WE'RE GRANTING 24 10 AND 24 12.
24 12 IS CLOSED FOR DECISION ONLY.
24 11 IS ADJOURNED FOR ALL PURPOSES.
AJOUR FOR ALL PURPOSES, 24 10 IS GRANTED.
I THOUGHT YOU SAID WE WERE GETTING, YOU WERE WRITING UP 24.
YOU GOT OUT OF IT, HUH? I DID.
YEAH, IT'S GONNA BE CLOSED FOR THIS.
SHE LISTENED TO THE BOSS
SO I HAVE TO KEEP ALL THIS CREEPING.
DON'T HAVE TO JUST MAKE CRIB NOTES.
YOU THINK IT'LL BE THE ACADEMY ONE? WE DIDN'T DECIDE ON THE ACADEMY.
I YOU CARRY IT TO YOUR, OKAY, SO I JUST HAVE TO READ NUMBER OR YOU WANNA DO YOU READY ON, ON 10? YEAH.
YOU DON'T HAVE TO TAKE ANYTHING OFF.
I THOUGHT YOU JUST SAID YOU, YOU I CAN READ IT.
SHE'S GONNA HAVE TO DO THAT LATER.
I'M JUST READING THE MOTION AND THE FINDINGS.
YEAH, BUT THE FINDINGS AREN'T FILLED IN.
BUT I'M JUST DOING THE TOP PART.
YES, BUT HE THINKS YOU'RE DOING THE FINDINGS.
WE USED TO, WE HAVEN'T DONE THEM IN MONTHS.
WELL, AT LEAST THAT DOESN'T LAST MANY MONTHS THAT I, THEY ONLY HAVE ONE TO DO TONIGHT.
SO ARE WE'RE GOOD? WHAT DO WE DO? ARE WE ASKING JUST FOR, OKAY.
KIRA HANDED YOU THE MOTION AND THE FINDING.
NO, THE FINDINGS WEREN'T DONE.
OH, THAT I HAVE TO SAYING KIRA.
OH, I HAVE TO SAVE ALL THAT SO THAT I KNOW IT'S ALL WRITTEN IN
[04:00:01]
THE FI IN.SO WHAT DO WE, UH, NOT MINE, SHAUNA OR I GIVE MINE.
SO ARE WE GOING TO UM, WE'RE GRANTING THAT.
SO ARE WE GONNA GRANT IT OR NOT? YES.
WITHOUT, WITHOUT THE FIFTH GIMME 24 10 FINDINGS WILL BE WRITTEN UP IN YOUR EMAIL.
YOU HAVE TO VOTE ON IT AND THEN PREPARE.
WE ARE BACK ON OUR DELIBER AFTER OUR DELIBERATIONS FOR THIS EVENING.
AND CASE NUMBER 24 0 7, WHICH IS CHICK-FIL-A IS CLOSED FOR DECISION ONLY TO THE MEETING AT JULY, A MINUTE AGO.
I WAS LOOKING AT THE LONG ONE.
WELL ACTUALLY WE ARE, WE ARE DECIDING PART OF THE NEXT CASE.
SO WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO C WAIT, WHAT ARE YOU, WHAT ARE YOU READING? OH, I'M SORRY.
OH, YOU HAVEN'T CALLED IT YET.
YOU HAVEN'T CALLED US BACK TO ORDER, I DON'T THINK.
ALRIGHT, YOU'RE GOING TO BIFURCATE.
I'M GOING TO BIFURCATE THE CASE BECAUSE WE ARE ONLY VOTING ON THE AREA.
APPEAL OF THE BUILDING INSPECTOR'S DETERMINATION THAT VARIANCE ARE REQUIRED THAT VARIANCES ARE REQUIRED FOR THE OUTDOOR STORAGE.
DID WE, DIDN'T WE SAY THAT PAT? THAT DIDN'T SOUND RIGHT THE WAY IT CAME OUT.
WELL TAKE A LOOK AT THE UH, APPEALING FROM THE, READ IT FROM THE AGENDA.
APPLICANT IS REQUESTING AN AREA VARIANCE TO REDUCE THE, THAT'S PARKING.
FORGET THAT APPLICANT IS APPEALING FROM THE DETERMINATION OF THE BUILDING INSPECTOR THAT A PREVIOUS NON-CONFORMING USE UTILIZING OUTDOOR STORAGE AND DISPLAY OF GOODS FOR RETAIL SALE WAS DISCONTINUED FOR MORE THAN SIX MONTHS.
AND WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE AND WHEREAS IT BEING RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SEEK CONSIDERATION.
AND DO WE HAVE A VOTE? DO YOU HAVE A MOTION? A MOTION? I'M SORRY, WHAT DO WE I'M MOVING THAT WE UPHOLD THE BUILDING INSPECTOR'S.
DENY I'M DENYING THE APPEAL AND UPHOLD I MOVE THAT WE DENY THE APPEAL AND UPHOLD THE BUILDING INSPECTOR'S DETERMINATION.
ALL IN FAVOR WE HAVE WITH RESPECT TO RESPECT TO OUTDOOR STORAGE.
NO MEANS WITH RESPECT TO THE DISCONTINUANCE FOR MORE THAN SIX MONTHS.
OUTDOOR STORAGE OF OUTDOOR STORAGE OF THE STORAGE MATERIAL.
AND DO WE HAVE A A VOTE? WE JUST HAVE A VOTE.
[04:05:01]
I'M SLEEP.UM, THE, THEN WE HAVE TO ADJOURN THE OTHER.
WE ARE ADJOURNING THE REMAINDER OF 24 0 9 WITH RESPECT TO THE APPLICANT SEEKING AS AN ALTERNATIVE RELIEF OF VARIANCE TO USE THE EXTERIOR OF THE PROPERTY TO DISPLAY ITEMS FOR RETAIL SALE PROPOSED AND WHO PARKING.
AND THAT WILL BE ON THE JUNE, I'M SORRY, JULY 18.
I HAVE IT WRITTEN AND I KEEP LOOKING AT IT WRONG.
NEXT CASE IS 24 10 MELISSA WHITE, THREE ONE TO ONE ROO UH, ROAD.
AND WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE REFERENCE, HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO SECRET COMPLIANCE AND WHERE NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SECRET CONSIDERATION.
I MOVE THAT THE APPLICATION CASE NUMBER 24 10 BE GRANTED.
PROVIDED THAT ONE, THE APPLICANT OBTAINED ALL NECESSARY APPROVALS AND FILED SAME WITH THE BUILDING DEPARTMENT.
CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED MARCH 28TH, 2023 AND STAMPED RECEIVED MAY 3RD, 2024 SUBMITTED IN SUPPORT OF THIS APPLICATION.
OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN.
PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN.
THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENTS SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION.
ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN.
WE WILL NOT HAVE THE FINDINGS READ THIS EVENING DUE TO THE LATENESS OF THE HOUR.
SAME GOES FOR THE PREVIOUS CASE.
SAME GOES FOR THE PREVIOUS CASE AS THAT INFORMATION WILL BE PUT IN THE RECORD, THE RECORD AS WELL AS UH, IT WOULD BE AVAILABLE FROM THE SECRETARY IF SOMEONE NEEDED TO HAVE INFORMATION IMMEDIATELY.
THE NEXT CASE WE HAVE IS CASE 24 11.
UH, 1 54 NORTH ROAD FOR AREA VARIANCES.
THAT IS ADJOURNED FOR ALL PURPOSES TO THE MEETING OF JULY 18TH.
THE NEXT CASE IS CASE 24 12 5 2 9 CENTRAL PARK AVENUE AND THAT IS CLOSED FOR DECISION ONLY.
THE NEXT CASE AND THE LAST CASE IS CASE 24 13.
AND THAT IS CLOSED FOR, I'M SORRY.
THAT IS ADJOURNED FOR ALL PURPOSES.
AND WITH THAT, WE HAVE GOTTEN THROUGH OUR EVENING AND ACCOMPLISHED, I THINK QUITE A BIT AFTER THIS.
AND WE ESCAPED THE WE AND THE HEAT THAT WAS OUTSIDE EARLIER SORT OF.